{"article": "SECTION 1. ENVIRONMENTAL INFRASTRUCTURE. (a) Jackson County, Mississippi.--Section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is amended-- (1) in subsection (c), by striking paragraph (5) and inserting the following: ``(5) Jackson county, mississippi.--Provision of an alternative water supply and a project for the elimination or control of combined sewer overflows for Jackson County, Mississippi.''; and (2) in subsection (e)(1), by striking ``$10,000,000'' and inserting ``$20,000,000''. (b) Manchester, New Hampshire.--Section 219(e)(3) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. (c) Atlanta, Georgia.--Section 219(f)(1) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended by striking ``$25,000,000 for''. (d) Paterson, Passaic County, and Passaic Valley, New Jersey.-- Section 219(f)(2) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended by striking ``$20,000,000 for''. (e) Elizabeth and North Hudson, New Jersey.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended-- (1) in paragraph (33), by striking ``$20,000,000'' and inserting ``$10,000,000''; and (2) in paragraph (34)-- (A) by striking ``$10,000,000'' and inserting ``$20,000,000''; and (B) by striking ``in the city of North Hudson'' and inserting ``for the North Hudson Sewerage Authority''. SEC. 2. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT PROGRAM. Section 1103(e)(5) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(5)) (as amended by section 509(c)(3) of the Water Resources Development Act of 1999 (113 Stat. 340)) is amended by striking ``paragraph (1)(A)(i)'' and inserting ``paragraph (1)(B)''. SEC. 3. DELAWARE RIVER, PENNSYLVANIA AND DELAWARE. Section 346 of the Water Resources Development Act of 1999 (113 Stat. 309) is amended by striking ``economically acceptable'' and inserting ``environmentally acceptable''. SEC. 4. PROJECT REAUTHORIZATIONS. Section 364 of the Water Resources Development Act of 1999 (113 Stat. 313) is amended-- (1) by striking ``Each'' and all that follows through the colon and inserting the following: ``Each of the following projects is authorized to be carried out by the Secretary, and no construction on any such project may be initiated until the Secretary determines that the project is technically sound, environmentally acceptable, and economically justified:''; (2) by striking paragraph (1); and (3) by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively. SEC. 5. SHORE PROTECTION. Section 103(d)(2)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(d)(2)(A)) (as amended by section 215(a)(2) of the Water Resources Development Act of 1999 (113 Stat. 292)) is amended by striking ``or for which a feasibility study is completed after that date,'' and inserting ``except for a project for which a District Engineer's Report is completed by that date,''. SEC. 6. COMITE RIVER, LOUISIANA. Section 371 of the Water Resources Development Act of 1999 (113 Stat. 321) is amended-- (1) by inserting ``(a) In General.--'' before ``The''; and (2) by adding at the end the following: ``(b) Crediting of Reduction in Non-Federal Share.--The project cooperation agreement for the Comite River Diversion Project shall include a provision that specifies that any reduction in the non- Federal share that results from the modification under subsection (a) shall be credited toward the share of project costs to be paid by the Amite River Basin Drainage and Water Conservation District.''. SEC. 7. CHESAPEAKE CITY, MARYLAND. Section 535(b) of the Water Resources Development Act of 1999 (113 Stat. 349) is amended by striking ``the city of Chesapeake'' each place it appears and inserting ``Chesapeake City''. SEC. 8. CONTINUATION OF SUBMISSION OF CERTAIN REPORTS BY THE SECRETARY OF THE ARMY. (a) Recommendations of Inland Waterways Users Board.--Section 302(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2251(b)) is amended in the last sentence by striking ``The'' and inserting ``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), the''. (b) List of Authorized but Unfunded Studies.--Section 710(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2264(a)) is amended in the first sentence by striking ``Not'' and inserting ``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), not''. (c) Reports on Participation of Minority Groups and Minority-Owned Firms in Mississippi River-Gulf Outlet Feature.--Section 844(b) of the Water Resources Development Act of 1986 (100 Stat. 4177) is amended in the second sentence by striking ``The'' and inserting ``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), the''. (d) List of Authorized but Unfunded Projects.--Section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is amended in the first sentence by striking ``Every'' and inserting ``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), every''. SEC. 9. AUTHORIZATIONS FOR PROGRAM PREVIOUSLY AND CURRENTLY FUNDED. (a) Program Authorization.--The program described in subsection (c) is hereby authorized. (b) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for the Department of Transportation for the program authorized in subsection (a) in amounts as follows: (1) Fiscal year 2000.--For fiscal year 2000, $10,000,000. (2) Fiscal year 2001.--For fiscal year 2001, $10,000,000. (3) Fiscal year 2002.--For fiscal year 2002, $7,000,000. (c) Applicability.--The program referred to in subsection (a) is the program for which funds appropriated in title I of Public Law 106- 69 under the heading ``FEDERAL RAILROAD ADMINISTRATION'' are available for obligation upon the enactment of legislation authorizing the program. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Amends the Water Resources Development Act of 1999 to: (1) authorize appropriations for FY 1999 through 2009 for implementation of a long-term resource monitoring program with respect to the Upper Mississippi River Environmental Management Program (currently, such funding is designated for a program for the planning, construction, and evaluation of measures for fish and wildlife habitat rehabilitation and enhancement); (2) authorize the Secretary of the Army to carry out modifications to the navigation project for the Delaware River, Pennsylvania and Delaware, if such project as modified is technically sound, environmentally (currently, economically) acceptable, and economically justified; (3) subject certain previously deauthorized water resources development projects to the seven-year limitation governing project deauthorizations under the Act, with the exception of such a project for Indian River County, Florida; (4) except from a certain schedule of the non-Federal cost of the periodic nourishment of shore protection projects constructed after December 31, 1999, those projects for which a District Engineer's Report has been completed by such date; (5) require that the project cooperation agreement for the Comite River Diversion Project for flood control include a provision that specifies that any reduction in the non-Federal share that results from certain modifications be credited toward the share of project costs to be paid by the Amite River Basin Drainage and Water Conservation District; (6) allow the Secretary to provide additional compensation to Chesapeake City, Maryland (currently, to the City of Chesapeake, Maryland) for damage to its water supply resulting from the Chesapeake and Delaware Canal Project; (7) provide for the submission of certain reports on water resources development projects by the Secretary, notwithstanding Federal reporting termination provisions; and (8) authorize and provide for an authorization of appropriations for the existing program for the safety and operations expenses of the Federal Railroad Administration, and make available for obligation funds currently appropriated for such program."}
{"article": "That this Act may be cited as the ``Federal Forage Fee Act of 1993''. SECTION 1. FINDINGS. (a) Findings.--Congress finds and declares that-- (1) it is in the national interest that the public lands are producing and continue to produce water and soil conservation benefits, livestock forage, wildlife forage and recreation and other multiple use opportunities; (2) rangelands will continue to be stabilized and improved long term by providing for cooperative agreements, private, public partnerships and flexibility in management programs and agreements; (3) to assure sound management and stewardship of the renewable resources it is imperative to charge a fee that is reasonable and equitable and represents the fair value of the forage provided; (4) the intermingled private-public land ownership patterns prevailing in much of the west create a strong interdependence between public and private lands for forage, water, and habitat for both wildlife and livestock; (5) the social and economic infrastructure of many rural communities and stability of job opportunities in many areas of rural America are highly independent on the protection of the value of privately held production units on Federal lands. SEC. 2. ENVIRONMENTAL AND LAND USE REQUIREMENTS. Unless contrary to this statute, all grazing operations conducted on any Federal lands shall be subject to all applicable Federal, State, and local laws, including but not limited to: (1) Animal Damage Control Act (7 U.S.C. 426-426b). (2) Bankhead-Jones Farm Tenant Act (50 Stat. 522) as amended. (3) Clean Air Act (42 U.S.C. 7401-7642) as amended. (4) Endangered Species Act of 1973 (16 U.S.C. 1531-1544) as amended. (5) Federal Advisory Committee Act (86 Stat. 770), as amended. (6) Federal Grant and Cooperative Agreement Act of 1977 (92 Stat. 3). (7) Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y), as amended. (8) Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (9) Federal Water Pollution Control Act (33 U.S.C. 1251 1387), as amended. (10) Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600-1614). (11) Granger-Thye Act (64 Stat. 82). (12) Independent Offices Appropriations Act of 1952 (31 U.S.C. 9701), as amended, title V. (13) Multiple Use Sustained Yield Act of 1960 (16 U.S.C. 528-531). (14) National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370a), as amended. (15 National Forest Management Act of 1976 (16 U.S.C. 1600, 1611-1614). (16) Public Rangelands Improvement Act of 1978 (92 Stat. 1803). (17) Taylor Grazing Act (48 Stat. 1269), as amended. (18) Wilderness Act (78 Stat. 890), as amended. SEC. 3. FEE SCHEDULE. (a) For the purpose of this section the terms: (1) ``Sixteen Western States'' means WA, CA, ID, NV, NM, WY, CO, KS, SD, ND, NE, OR, OK, AZ, UT and MT. (2) ``AUM'' means an animal unit month as that term is used in the Public Rangeland Improvement Act (92 Stat. 1803); (3) ``Authorized Federal AUMs'' means all ``allotted AUMs'' reported by BLM and ``permitted to graze AUMs'' reported by USFS. (4) ``WAPLLR'' means the weighted average private land lease rate determined by multiplying the private land lease rate reported by the Economic Research Service for the previous calendar year for each of the sixteen Western States by the total number of authorized Federal AUMs, as defined in section 3(a)(3), in each State for the previous fiscal year, then that result divided by the total number of authorized Federal AUMs for the sixteen Western States. These individual State results are then added together and divided by 16 to yield a weighted average private land lease rate for that year. (5) ``Report'' means the report titled ``Grazing Fee Review and Evaluation Update of the 1986 Final Report'' dated April 30, 1992 and prepared by the Departments of the Interior and Agriculture. (6) ``Nonfee cost differential'' means a value calculated annually by the Secretaries by multiplying the weighted difference in nonfee costs per AUM between public land and private land by the Input Cost Index (ICI) determined annually by the Department of Agriculture. The weighted difference in nonfee costs is a factor of 0.552 determined by deducting the private AUM nonfee costs (as outlined on page 58 of the report) from the public AUM nonfee costs for cattle times 4, added to the result of deducting private AUM nonfee costs from public AUM nonfee costs for sheep times 1, then that result divided by 5.'' (7) ``Net production differential'' is the percentage calculated annually by dividing the cash receipts per cow for Federal permittee livestock producers by the cash receipts per cow for western non-Federal livestock producers in the sixteen Western States as surveyed by the Economic Research Service in annual cost of production surveys (COPS). (8) ``PLFVR'' means the private lease forage value ratio determined by dividing the average of the 1964-1968 base years' private land lease rate into the forage value portion of the private land lease rate of $1.78 as determined in the 1966 western livestock grazing survey. (b) The Secretaries of the Department of Agriculture and the Department of the Interior shall calculate annually the Federal forage fee by calculating the average of the WALLPR for the preceding three years; multiplying it by the PLFVR; then deducting from that result the nonfee cost differential; and multiplying that result by the net production differential. For each year that this calculation is made, all data used for calculating this fee shall come from the calendar year previous to the year for which the fee is being calculated unless specified otherwise in the above calculations. (c) The Federal forage fee shall apply to all authorized Federal AUMs under the jurisdiction of the United States Department of Agriculture and the United States Department of the Interior. (d) For the first year that the Secretaries calculate the Federal forage fee, the fee shall not be greater than 125 percent, or less than 75 percent of the fee calculated for the previous year pursuant to Executive Order 12548 dated February 14, 1986. For each year after the first year that the Secretaries calculate the Federal forage fee, the fee shall not be greater than 125 percent, or less than 75 percent of the Federal forage fee calculated for the previous year. (e) The survey of nonfee costs used to calculate the nonfee cost differential shall be updated periodically by the Secretaries so as to reflect as accurately as possible the actual nonfee costs incurred by the cattle and sheep industry that utilizes public lands in the sixteen Western States. The results of the updated survey shall be incorporated into the calculation of the Non Fee Cost Differential as they become available.", "summary": "Federal Forage Fee Act of 1993 - Subjects grazing operations on Federal land to applicable Federal, State, and local environmental and land use requirements. Sets forth a forage fee formula for lands under the jurisdiction of the Department of Agriculture and the Department of the Interior."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Merchant Marine of World War II Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) 2015 marks the 70th anniversary of the Allied victory in World War II and the restoration of peacetime across the European and Pacific theaters. (2) The United States Merchant Marine was integral in providing the link between domestic production and the fighting forces overseas, providing combat equipment, fuel, food, commodities, and raw materials to troops stationed overseas. (3) Fleet Admiral Ernest J. King acknowledged the indispensability of the Merchant Marine to the victory in a 1945 letter stating that without their support, ``the Navy could not have accomplished its mission''. (4) President and former Supreme Commander of the Allied Forces, Dwight D. Eisenhower, acknowledged that ``through the prompt delivery of supplies and equipment to our armed forces overseas, and of cargoes representing economic and military aid to friendly nations, the American Merchant Marine has effectively helped to strengthen the forces of freedom throughout the world''. (5) Military missions and war planning were contingent upon the availability of resources and that the United States Merchant Marine played a vital role in this regard, ensuring the efficient and reliable transoceanic transport of military equipment as well as both military and civilian personnel. (6) The United States Merchant Marine provided for the successful transport of resources and personnel despite consistent and ongoing exposure to enemy combatants from both the air and the sea, such as enemy bomber squadrons, submarines, and mines. (7) The efforts of the United States Merchant Marine were not without sacrifices as they bore a higher per capita casualty rate than any other branch of the military during the war. (8) The United States Merchant Marine proved to be an instrumental asset on untold occasions, participating in every landing operation by the United States Marine Corps from Guadalcanal to Iwo Jima as well as providing, for instance, the bulk tonnage of material necessary for the invasion of Normandy which ``would not have been possible without the Merchant Marine'', as a 1944 New York Times article observed. (9) In also assessing their performance, General Dwight D. Eisenhower stated, ``every man in this Allied command is quick to express his admiration for the loyalty, courage, and fortitude of the officers and men of the Merchant Marine. We count upon their efficiency and their utter devotion to duty as we do our own; they have never failed us''. (10) During a September 1944 speech, President Franklin D. Roosevelt stated, the Merchant Marine has ``delivered the goods when and where needed in every theater of operations and across every ocean in the biggest, the most difficult, and dangerous transportation job ever undertaken. As time goes on, there will be greater public understanding of our merchant fleet's record during this war.''. (11) The feats and accomplishments of the Merchant Marine are deserving of broader public recognition. (12) The United States will be forever grateful and indebted to the U.S. Merchant Marine for their effective, reliable, and courageous transport of goods and resources in enemy territory throughout theaters of every variety in World War II; that these goods and resources saved thousands of lives and enabled the Allied Powers to claim victory in World War II. (13) The Congressional Gold Medal will be an appropriate way to shed further light on the service of the Merchant Marine in World War II and the instrumental role they played in winning World War II. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to the U.S. Merchant Marine of World War II, in recognition of their dedicated and vital service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) American Merchant Marine Museum.-- (1) In general.--Following the award of the gold medal in honor of the U.S. Merchant Marine, the gold medal shall be given to the American Merchant Marine Museum, where it will be available for display as appropriate and available for research. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. Passed the House of Representatives November 30, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": ". Merchant Marine of World War II Congressional Gold Medal Act (Sec. 3) This bill requires the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award, on behalf of Congress, of a single gold medal to the U.S. Merchant Marine of World War II, in recognition of their dedicated and vital service during World War II. Following its award the medal shall be given to the American Merchant Marine Museum where it will be available for display and research."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``Small Business Tax Modernization Act of 2004''. SEC. 2. UNIFIED PASS-THRU ENTITY REGIME. (a) Termination of S Corporation Status.-- (1) No new s corporation elections.--Subsection (a) of section 1362 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Termination of authority to make election.--No election may be made under paragraph (1) for any taxable year beginning after December 31, 2004.''. (2) Termination of status.--Subsection (d) of section 1362 of such Code (relating to termination) is amended by adding at the end the following new paragraph: ``(4) Treatment as partnership after 2014.--An election under subsection (a)-- ``(A) shall not be effective for any taxable year beginning after December 31, 2014, and ``(B) shall be treated as an election under section 7701(a)(2)(B) for taxable years beginning after such date.''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2004. (b) Election by Certain Corporations to Be Taxed as Partnership.-- (1) In general.--Paragraph (2) of section 7701(a) of such Code (defining partnership and partner) is amended to read as follows: ``(2) Partnership and partner.-- ``(A) In general.--The term `partnership' includes a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this title, a trust or estate or a corporation; and the term `partner' includes a member in such a syndicate, group, pool, joint venture, or organization. ``(B) Election by corporation to be taxed as partnership.-- ``(i) In general.--An eligible corporation may elect to be treated as a partnership for purposes of this title. ``(ii) Tax treatment.--Except as provided in section 1379A-- ``(I) no gain or loss shall be recognized to the corporation or the shareholders by reason of an election under clause (i), and ``(II) except in the case of an election made by a S corporation after the end of the recognition period (as defined in section 1374(d)(7) without regard to subparagraph (B) thereof), section 1374 shall apply to the entity after such election. ``(iii) Eligible corporation.--For purposes of clause (i), the term `eligible corporation' means an entity-- ``(I) which, without regard to this subparagraph, is a domestic corporation no stock of which is readily tradable on an established securities market or otherwise, and ``(II) which is not an ineligible corporation (as defined by section 1361(b)(2)). ``(iv) Election and termination.--For purposes of this subparagraph, rules similar to the rules of section 1362 (other than subsections (a)(3), (d)(3) and (4), and (e) thereof) shall apply. ``(v) Distributions, etc.--Each partner shall include in gross income as a dividend, any amount that would have been so includible had the entity been an S corporation during the period the entity was treated as a partnership. Notwithstanding the preceding sentence, the provisions of subchapter K of chapter 1 shall apply to determine the basis of any property distributed and the basis of any interest in the partnership. ``(vi) Cross reference.--For tax treatment of S corporation electing unified pass-thru regime, see section 1379A.''. (2) Tax treatment of s corporation electing unified pass- thru regime.-- (A) In general.--Part IV of subchapter S of chapter 1 of such Code is amended by inserting after section 1379 the following new section: ``SEC. 1379A. TAX TREATMENT OF S CORPORATION ELECTING UNIFIED PASS-THRU REGIME. ``In the case of an election under section 7701(a)(2)(B) by an S corporation before January 1, 2015, with respect to the corporation-- ``(1) the shareholders shall be treated as if the assets were distributed, on the date of such election, to the shareholders in exchange for their stock, ``(2) any gain or loss recognized to the shareholders by reason of paragraph (1) shall be taken into account by the shareholders ratably over the taxable year in which the distribution is deemed to be made under paragraph (1) and the succeeding 4 taxable years, and ``(3) proper adjustments to the basis of interests in the entity shall be made.''. (B) Clerical amendment.--The table of sections for part IV of subchapter S of chapter 1 of such Code is amended by inserting after the item relating to section 1379 the following new item: ``Sec. 1379A. Tax treatment of S corporation electing unified pass-thru regime.''. (3) Modification to treatment of section 1374 tax for earnings and profits purposes.--Paragraph (2) of section 1366(f) of such Code is amended to read as follows: ``(2) Treatment of tax imposed on built-in gains.-- ``(A) In general.--The amount of the items of the net recognized built-in gain taken into account under section 1374(b)(1) (reduced by any deduction allowed under section 1374(b)(2)) shall not be taken into account under this section. ``(B) Earnings and profits.--The accumulated earnings and profits of the corporation shall be increased at the beginning of the taxable year by the amount not taken into account under this section by reason of subparagraph (A) (determined without regard to section 1374(b)(2)) reduced by the tax imposed by section 1374 (net of credits allowed).''. (4) Effect of election on recognition period for purposes of tax imposed on built-in gains.--Paragraph (7) of section 1374(d) of such Code is amended to read as follows: ``(7) Recognition period.-- ``(A) In general.--The term `recognition period' means the 10-year period beginning with the 1st day of the 1st taxable year for which the corporation was an S corporation. For purposes of applying this section to any amount includible in income by reason of section 593(e), the preceding sentence shall be applied without regard to the phrase `10-year'. ``(B) Special rule relating to election of corporation to be taxed as partnership.-- ``(i) In general.--In the case of an election under section 7701(a)(2)(B), subparagraph (A) shall be applied by substituting `25-year' for `10-year' both places it appears. ``(ii) Exception where 10-year period expired.--If, on the date of an election referred to in clause (i) by a corporation, the 10-year period specified in subparagraph (A) with respect to such corporation has expired, clause (i) shall not apply to such corporation.''. (5) Effective dates.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2004. (c) Step Transaction Doctrine not to Apply to Partnership Incorporation Followed by Corporate Reorganization.-- (1) In general.--Section 351 of such Code is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Special Rule for Partnerships Which Incorporate and Subsequently Reorganize.--The step transaction doctrine and any similar doctrine shall not apply for purposes of determining whether the control requirement of subsection (a) is met in any case in which-- ``(1) a partnership engaged in an active trade or business transfers substantially all of the property used in carrying on such trade or business to a corporation which is not publicly traded, and ``(2) such corporation subsequently enters into a reorganization under this chapter.''. (2) Effective date.--The amendment made by this subsection shall apply to transactions after December 31, 2004. SEC. 3. PARTNERSHIP INCOME ATTRIBUTABLE TO CAPITAL EXCLUDED FROM NET EARNINGS FROM SELF-EMPLOYMENT. (a) In General.--Paragraph (13) of section 1402(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(13) there shall be excluded the distributive share of net income of a partner attributable to capital;''. (b) Partnership Income Attributable to Capital.--Section 1402 of such Code is amended by adding at the end the following new subsection: ``(l) Partnership Income Attributable to Capital.-- ``(1) In general.--For purposes of subsection (a)(13), the following amounts shall be treated as income attributable to capital-- ``(A) the amount, if any, in excess of what would constitute reasonable compensation for services rendered by such partner to the partnership, and ``(B) an amount equal to a reasonable rate of return on unreturned capital of the partner determined as of the beginning of the taxable year. ``(2) Definitions.--For purposes of paragraph (1)-- ``(A) Unreturned capital.--The term `unreturned capital' means the excess of the aggregate amount of money and the fair market value as of the date of contribution of other consideration (net of liabilities) contributed by the partner over the aggregate amount of money and the fair market value as of the date of distribution of other consideration (net of liabilities) distributed by the partnership to the partner, increased or decreased for the partner's distributive share of all reportable items as determined in section 702. If the partner acquires a partnership interest and the partnership makes an election under section 754, the partner's unreturned capital shall take into account appropriate adjustments under section 743. ``(B) Reasonable rate of return.--A reasonable rate of return on unreturned capital shall equal 150 percent (or such higher rate as is established in regulations) of the highest applicable Federal rate, as determined under section 1274(d)(1), at the beginning of the partnership's taxable year. ``(3) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection.''. (c) Effective Date.--The amendments made by this section shall apply with respect to services performed in taxable years beginning after December 31, 2004.", "summary": "Small Business Modernization Act of 2004 - Amends the Internal Revenue Code to: (1) terminate subchapter S corporation elections after 2004 and subchapter S status after 2014 and to allow privately-held domestic corporations, in lieu of electing subchapter S treatment, to elect to be treated as partnerships for tax purposes; (2) set forth rules for the tax treatment of former subchapter S corporations electing partnership status; and (3) exclude from net earnings from self-employment partnership income attributable to capital."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Investment Research Act of 2016''. SEC. 2. SAFE HARBOR FOR INVESTMENT FUND RESEARCH. (a) Expansion of the Safe Harbor.--Not later than the end of the 45-day period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall propose, and not later than the end of the 180-day period beginning on such date, the Commission shall adopt, upon such terms, conditions, or requirements as the Commission may determine necessary or appropriate in the public interest, for the protection of investors, and for the promotion of capital formation, revisions to section 230.139 of title 17, Code of Federal Regulations, to provide that a covered investment fund research report that is published or distributed by a broker or dealer-- (1) shall be deemed, for purposes of sections 2(a)(10) and 5(c) of the Securities Act of 1933 (15 U.S.C. 77b(a)(10), 77e(c)), not to constitute an offer for sale or an offer to sell a security that is the subject of an offering pursuant to a registration statement that is effective, even if the broker or dealer is participating or will participate in the registered offering of the covered investment fund's securities; and (2) shall be deemed to satisfy the conditions of paragraph (a)(1) or (a)(2) of section 230.139 of title 17, Code of Federal Regulations, or any successor provisions, for purposes of the Commission's rules and regulations under the Federal securities laws and the rules of any self-regulatory organization. (b) Implementation of Safe Harbor.--In implementing the safe harbor pursuant to subsection (a), the Commission shall-- (1) not, in the case of a covered investment fund with a class of securities in substantially continuous distribution, condition the safe harbor on whether the broker's or dealer's publication or distribution of a covered investment fund research report constitutes such broker's or dealer's initiation or reinitiation of research coverage on such covered investment fund or its securities; (2) not-- (A) require the covered investment fund to have been registered as an investment company under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) or subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)) for any period exceeding the period of time referenced under paragraph (a)(1)(i)(A)(1) of section 230.139 of title 17, Code of Federal Regulations; or (B) impose a minimum float provision exceeding that referenced in paragraph (a)(1)(i)(A)(1)(i) of section 230.139 of title 17, Code of Federal Regulations; (3) provide that a self-regulatory organization may not maintain or enforce any rule that would-- (A) prohibit the ability of a member to publish or distribute a covered investment fund research report solely because the member is also participating in a registered offering or other distribution of any securities of such covered investment fund; or (B) prohibit the ability of a member to participate in a registered offering or other distribution of securities of a covered investment fund solely because the member has published or distributed a covered investment fund research report about such covered investment fund or its securities; and (4) provide that a covered investment fund research report shall not be subject to section 24(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-24(b)) or the rules and regulations thereunder, except that such report may still be subject to such section and the rules and regulations thereunder to the extent that it is otherwise not subject to the content standards in the rules of any self-regulatory organization related to research reports, including those contained in the rules governing communications with the public regarding investment companies or substantially similar standards. (c) Rules of Construction.--Nothing in this Act shall be construed as in any way limiting-- (1) the applicability of the antifraud or antimanipulation provisions of the Federal securities laws and rules adopted thereunder to a covered investment fund research report, including section 17 of the Securities Act of 1933 (15 U.S.C. 77q), section 34(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-33(b)), and sections 9 and 10 of the Securities Exchange Act of 1934 (15 U.S.C. 78i, 78j); or (2) the authority of any self-regulatory organization to examine or supervise a member's practices in connection with such member's publication or distribution of a covered investment fund research report for compliance with applicable provisions of the Federal securities laws or self-regulatory organization rules related to research reports, including those contained in rules governing communications with the public. (d) Interim Effectiveness of Safe Harbor.-- (1) In general.--From and after the 180-day period beginning on the date of enactment of this Act, if the Commission has not adopted revisions to section 230.139 of title 17, Code of Federal Regulations, as required by subsection (a), and until such time as the Commission has done so, a broker or dealer distributing or publishing a covered investment fund research report after such date shall be able to rely on the provisions of section 230.139 of title 17, Code of Federal Regulations, and the broker or dealer's publication of such report shall be deemed to satisfy the conditions of paragraph (a)(1) or (a)(2) of that section if the covered investment fund that is the subject of such report satisfies the reporting history requirements (without regard to Form S-3 or Form F-3 eligibility) and minimum float provisions of such subsections for purposes of the Commission's rules and regulations under the Federal securities laws and the rules of any self-regulatory organization, as if revised and implemented in accordance with subsections (a) and (b). (2) Status of covered investment fund.--After such period and until the Commission has adopted revisions to section 230.139 of title 17, Code of Federal Regulations, and FINRA has revised rule 2210, for purposes of subsection (c)(7)(O) of such rule, a covered investment fund shall be deemed to be a security that is listed on a national securities exchange and that is not subject to section 24(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-24(b)). Communications concerning only covered investment funds that fall within the scope of such section shall not be required to be filed with FINRA. (e) Definitions.--For purposes of this Act: (1) The term ``covered investment fund research report'' means a research report published or distributed by a broker or dealer about a covered investment fund or any securities issued by the covered investment fund, but does not include a research report to the extent that the research report is published or distributed by the covered investment fund or any affiliate of the covered investment fund. (2) The term ``covered investment fund'' means-- (A) an investment company registered under, or that has filed an election to be treated as a business development company under, the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) and that has filed a registration statement under the Securities Act of 1933 (15 U.S.C. 77a et seq.) for the public offering of a class of its securities, which registration statement has been declared effective by the Commission; and (B) a trust or other person-- (i) issuing securities in an offering registered under the Securities Act of 1933 and which class of securities is listed for trading on a national securities exchange; (ii) the assets of which consist primarily of commodities, currencies, or derivative instruments that reference commodities or currencies, or interests in the foregoing; and (iii) that provides in its registration statement under the Securities Act of 1933 that a class of its securities are purchased or redeemed, subject to conditions or limitations, for a ratable share of its assets. (3) The term ``FINRA'' means the Financial Industry Regulatory Authority. (4) The term ``research report'' has the meaning given that term under section 2(a)(3) of the Securities Act of 1933 (15 U.S.C. 77b(a)(3)), except that such term shall not include an oral communication. (5) The term ``self-regulatory organization'' has the meaning given to that term under section 3(a)(26) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(26)).", "summary": "Fair Access to Investment Research Act of 2016 This bill directs the Securities and Exchange Commission (SEC) to revise a specified regulation to create a safe harbor for certain publications or distributions of research reports by brokers or dealers distributing securities. The revised regulation shall declare that a published or distributed investment fund research report shall not be deemed to constitute an offer for sale or an offer to sell a security that is the subject of the offering pursuant to an effective registration statement, even if the broker or dealer is participating or will participate in the registered offering of the covered investment fund's securities. The covered investment fund research report shall indeed be deemed to satisfy the regulation's requirements as well as those of any self-regulatory organization. The SEC shall not impose specified conditions and requirements when implementing the safe harbor. Until the SEC has adopted such safe harbor revisions, and the Financial Industry Regulatory Authority (FINRA) has revised a related rule, a covered investment fund shall be deemed to be a security listed on a national securities exchange that is not subject to a certain filing requirement of the Investment Company Act of 1940."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Monitoring Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Controlled substance.--The term ``controlled substance'' has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802). (2) Covered state.--The term ``covered State'' means a State that receives funding under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748) or the controlled substance monitoring program under section 399O of the Public Health Service Act (42 U.S.C. 280g-3). (3) Dispenser.--The term ``dispenser''-- (A) means person licensed or otherwise authorized by a State to deliver a prescription drug product to a patient or an agent of the patient; and (B) does not include a person involved in oversight or payment for prescription drugs. (4) PDMP.--The term ``PDMP'' means a prescription drug monitoring program. (5) Practitioner.--The term ``practitioner'' means a practitioner registered under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) to prescribe, administer, or dispense controlled substances. (6) State.--The term ``State'' means each of the several States and the District of Columbia. SEC. 3. PRESCRIPTION DRUG MONITORING PROGRAM REQUIREMENTS. (a) In General.--Beginning 2 years after the date of enactment of this Act, each covered State shall require-- (1) each prescribing practitioner within the covered State or their designee, who shall be licensed or registered healthcare professionals or other employees who report directly to the practitioner, to consult the PDMP of the covered State before initiating treatment with a prescription for a controlled substance listed in schedule II, III, or IV of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), and every 3 months thereafter as long as the treatment continues; (2) the PDMP of the covered State to provide proactive notification to a practitioner when patterns indicative of controlled substance misuse, including opioid misuse, are detected; (3) each dispenser within the covered State to report each prescription for a controlled substance dispensed by the dispenser to the PDMP not later than 24 hours after the controlled substance is dispensed to the patient; and (4) that the PDMP make available a quarterly de-identified data set and an annual report for public and private use, which shall, at a minimum, meet requirements established by the Attorney General, in coordination with the Secretary of Health and Human Services. (b) Noncompliance.--If a covered State fails to comply with subsection (a), the Attorney General or the Secretary of Health and Human Services, as appropriate, may withhold grant funds from being awarded to the covered State under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748) or the controlled substance monitoring program under section 399O of the Public Health Service Act (42 U.S.C. 280g-3). SEC. 4. SHARING PDMP INFORMATION AMONG STATES. (a) Requirement.--Beginning 2 years after the date of enactment of this Act, each covered State shall make the data contained in the PDMP of the covered State available to other States through the data-sharing single technology solution established under subsection (b). (b) Data-Sharing Single Technology Solution.-- (1) In general.--The Attorney General, in coordination with the Secretary of Health and Human Services, shall award, on a competitive basis, a grant to an eligible entity to establish and maintain an inter-State data-sharing single hub to facilitate the sharing of PDMP data among States and the accessing of such data by practitioners. (2) Requirements.--The data-sharing single hub established under paragraph (1)-- (A) shall-- (i) allow States to retain ownership of the data submitted by the States; (ii) provide a source of de-identified data that can be used for statistical, research, or educational purposes; (iii) allow State authorized users to access data from a PDMP of a covered State without requiring a user fee; and (iv) conform with the standards of the Prescription Monitoring Information Exchange; and (B) may not-- (i) distribute, in whole or in part, any PDMP data without the express written consent of the PDMP State authority; and (ii) limit, in whole or in part, distribution of PDMP data as approved by the PDMP State authority. (3) Authorization of appropriations.--There are authorized to be appropriated to the Attorney General $2,000,000 for fiscal years 2017 through 2020 to carry out this subsection.", "summary": "Prescription Drug Monitoring Act of 2016 This bill requires a state that receives grant funds under the prescription drug monitoring program (PDMP) or the controlled substance monitoring program to comply with specified requirements. The Department of Justice (DOJ) or Department of Health and Human Services may withhold grant funds from a state that fails to comply. Additionally, the bill requires a state to share its PDMP data with other states through a data-sharing hub established by DOJ."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic Gasoline and Fuel Reserve Act of 2005''. SEC. 2. STRATEGIC GASOLINE AND FUEL RESERVE. (a) In General.--Title I of the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.) is amended-- (1) by redesignating part E (42 U.S.C. 6251 et seq.) as part F; (2) by redesignating section 191 (42 U.S.C. 6251) as section 199; and (3) by inserting after part D (42 U.S.C. 6250 et seq.) the following: ``PART E--STRATEGIC GASOLINE AND FUEL RESERVE ``SEC. 191. DEFINITIONS. ``In this part: ``(1) Gasoline.--The term `gasoline' means regular unleaded gasoline. ``(2) Reserve.--The term `Reserve' means the Strategic Gasoline and Fuel Reserve established under section 192(a). ``SEC. 192. ESTABLISHMENT. ``(a) In General.--Notwithstanding any other provision of this Act, the Secretary shall establish, maintain, and operate a Strategic Gasoline and Fuel Reserve. ``(b) Not Component of Strategic Petroleum Reserve.--The Reserve is not a component of the Strategic Petroleum Reserve established under part B. ``(c) Capacity.--The Reserve shall contain not more than-- ``(1) 40,000,000 barrels of gasoline; and ``(2) 7,500,000 barrels of jet fuel. ``(d) Reserve Sites.-- ``(1) Siting.--Not later than 1 year after the date of enactment of this Act, the Secretary shall determine not less than 3 Reserve sites, and not more than 5 Reserve sites, throughout the United States that are regionally strategic. ``(2) Operation.--The Reserve sites described in paragraph (1) shall be operational not later than 2 years after the date of enactment of this Act. ``(e) Security.--In establishing the Reserve under this section, the Secretary shall obtain the concurrence of the Secretary of Homeland Security with respect to physical design security and operational security. ``(f) Authority.--In carrying out this part, the Secretary may-- ``(1) purchase, contract for, lease, or otherwise acquire, in whole or in part, storage and related facilities and storage services; ``(2) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired under this part; ``(3) acquire by purchase, exchange, lease, or other means gasoline and fuel for storage in the Reserve; ``(4) store gasoline and fuel in facilities not owned by the United States; and ``(5) sell, exchange, or otherwise dispose of gasoline and fuel from the Reserve, including to maintain-- ``(A) the quality or quantity of the gasoline or fuel in the Reserve; or ``(B) the operational capacity of the Reserve. ``(g) Fill Date.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall complete the process of filling the Reserve under this section by March 1, 2008. ``(2) Extensions.--The President may extend the deadline established under paragraph (1) if-- ``(A) the President determines that filling the Reserve within that deadline would cause an undue economic burden on the United States; and ``(B) the President receives approval from Congress. ``SEC. 193. RELEASE OF GASOLINE AND FUEL. ``(a) In General.--The Secretary shall release gasoline or fuel from the Reserve only if-- ``(1) the President finds that there is a severe fuel supply disruption by finding that-- ``(A) a regional or national supply shortage of gasoline or fuel of significant scope and duration has occurred; ``(B) a substantial increase in the price of gasoline or fuel has resulted from the shortage; ``(C) the price increase is likely to cause a significant adverse impact on the national economy; and ``(D) releasing gasoline or fuel from the Reserve would assist directly and significantly in reducing the adverse impact of the shortage; or ``(2)(A) the Governor of a State submits to the Secretary a written request for a release from the Reserve that contains a finding that-- ``(i) a regional or statewide supply shortage of gasoline or fuel of significant scope and duration has occurred; ``(ii) a substantial increase in the price of gasoline or fuel has resulted from the shortage; and ``(iii) the price increase is likely to cause a significant adverse impact on the economy of the State; and ``(B) the Secretary concurs with the findings of the Governor under subparagraph (A) and determines that-- ``(i) a release from the Reserve would mitigate gasoline or fuel price volatility in the State; ``(ii) a release from the Reserve would not have an adverse effect on the long-term economic viability of retail gasoline or fuel markets in the State and adjacent States; and ``(iii) a release from the Reserve would not suppress prices below long-term market trend levels. ``(b) Procedure.-- ``(1) Response of secretary.--The Secretary shall respond to a request submitted under subsection (a)(2) not later than 5 days after receipt of the request by-- ``(A) approving the request; ``(B) denying the request; or ``(C) requesting additional supporting information. ``(2) Release.--The Secretary shall establish procedures governing the release of gasoline or fuel from the Reserve in accordance with this subsection. ``(3) Requirements.-- ``(A) Eligible entity.--In this paragraph, the term `eligible entity' means an entity that is customarily engaged in the sale or distribution of gasoline or fuel. ``(B) Sale or disposal from reserve.--The procedures established under this subsection shall provide that the Secretary may-- ``(i) sell gasoline or fuel from the Reserve to an eligible entity through a competitive process; or ``(ii) enter into an exchange agreement with an eligible entity under which the Secretary receives a greater volume of gasoline or fuel as repayment from the eligible entity than the volume provided to the eligible entity. ``(c) Continuing Evaluation.--The Secretary shall conduct a continuing evaluation of the drawdown and sales procedures established under this section. ``SEC. 194. REPORTS. ``(a) Gasoline and Fuel.--Not later than 45 days after the date of enactment of this section, the Secretary shall submit to Congress and the President a plan describing-- ``(1) the acquisition of storage and related facilities or storage services for the Reserve, including the use of storage facilities not currently in use or not currently used to capacity; ``(2) the acquisition of gasoline and fuel for storage in the Reserve; ``(3) the anticipated methods of disposition of gasoline and fuel from the Reserve; ``(4) the estimated costs of establishment, maintenance, and operation of the Reserve; ``(5) efforts that the Department will take to minimize any potential need for future drawdowns from the Reserve; and ``(6) actions to ensure the quality of the gasoline and fuel in the Reserve are maintained. ``(b) Natural Gas and Diesel.--Not later than 90 days after the date of enactment of this section, the Secretary shall submit to Congress a report describing the feasibility of creating a natural gas and diesel reserve similar to the Reserve under this part. ``SEC. 195. STRATEGIC GASOLINE AND FUEL RESERVE FUND. ``(a) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the `Strategic Gasoline and Fuel Reserve Fund' (referred to in this section as the `Fund'), consisting of-- ``(1) such amounts as are appropriated to the Fund under subsection (b); ``(2) such amounts as are appropriated to the Fund under section 196; and ``(3) any interest earned on investment of amounts in the Fund under subsection (d). ``(b) Transfers to Fund.--There are appropriated to the Fund amounts equivalent to amounts collected as receipts and received in the Treasury from the sale, exchange, or other disposition of gasoline or fuel from the Reserve. ``(c) Expenditures From Fund.--On request by the Secretary and without the need for further appropriation, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out activities under this part, to remain available until expended. ``(d) Investment of Amounts.-- ``(1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. ``(2) Interest-bearing obligations.--Investments may be made only in interest-bearing obligations of the United States. ``(3) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- ``(A) on original issue at the issue price; or ``(B) by purchase of outstanding obligations at the market price. ``(4) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. ``(5) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. ``(e) Transfers of Amounts.-- ``(1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. ``(2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. ``SEC. 196. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as are necessary to carry out this part, to remain available until expended.''. SEC. 3. CONFORMING AMENDMENTS. The table of contents for title I of the Energy Policy and Conservation Act (42 U.S.C. 6201 note) is amended by striking the matter relating to part D and inserting the following: ``Part D--Northeast Home Heating Oil Reserve ``Sec. 181. Establishment. ``Sec. 182. Authority. ``Sec. 183. Conditions for release; plan. ``Sec. 184. Northeast home heating oil reserve account. ``Sec. 185. Exemptions. ``Sec. 186. Authorization of appropriations. ``Part E--Strategic Gasoline and Fuel Reserve ``Sec. 191. Definitions. ``Sec. 192. Establishment. ``Sec. 193. Release of gasoline and fuel. ``Sec. 194. Reports. ``Sec. 195. Strategic Gasoline and Fuel Reserve Fund. ``Sec. 196. Authorization of appropriations. ``Part F--Expiration ``Sec. 199. Expiration.''.", "summary": "Strategic Gasoline and Fuel Reserve Act of 2005 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy to establish, maintain, and operate a Strategic Gasoline and Fuel Reserve of gasoline and jet fuel. Instructs the Secretary to determine between three and five regionally strategic Reserve sites throughout the United States. Permits the Secretary to release gasoline or fuel from the Reserve only if: (1) the President finds that there is a severe fuel supply disruption; or (2) the Governor of a state requests a release from the Reserve, accompanied by specified findings. Establishes in the Treasury a revolving Strategic Gasoline and Fuel Reserve Fund."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Agent Scott K. Carey Public Safety Officer Benefits Enhancement Act''. TITLE I--EDUCATIONAL ASSISTANCE TO OFFICERS DISABLED IN THE LINE OF DUTY SEC. 101. BASIC ELIGIBILITY. Section 1212(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1(a)(1)) is amended-- (1) by striking ``a dependent'' and inserting ``an eligible dependent''; and (2) by striking ``education'' and all that follows through the period at the end and inserting ``education.''. SEC. 102. APPLICATIONS; APPROVAL. Section 1213 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-2) is amended-- (1) in subsection (b)-- (A) by striking ``the dependent'' each place it appears and inserting ``the applicant''; and (B) by striking ``the dependent's'' each place it appears and inserting ``the applicant's''; and (2) in subsection (c), by striking ``a dependent'' and inserting ``an applicant''. SEC. 103. RETROACTIVE BENEFITS. Section 1216(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-5(a)) is amended to read as follows: ``(a) Retroactive Eligibility.--Notwithstanding any other provision of law, but subject to the limitations of this subpart, an eligible dependent of a public safety officer shall be eligible for assistance under this subpart if such an officer-- ``(1) dies in the line of duty on or after January 1, 1978; or ``(2) becomes permanently and totally disabled as the direct result of a catastrophic injury sustained in the line of duty on or after January 1, 1978.''. SEC. 104. DEFINITIONS. Section 1217 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-6) is amended by adding at the end the following new paragraphs: ``(4) The term `eligible dependent' means-- ``(A) any public safety officer who is eligible to receive benefits under section 1201(b); ``(B) the child of any public safety officer who is described in section 1201(a), or who is eligible to receive benefits under section 1201(b); and ``(C) the spouse of any public safety officer described in subparagraph (B) at the time of such officer's death or on the date of such officer's totally and permanently disabling injury. ``(5) The term `public safety officer' includes-- ``(A) any public safety officer described in paragraph (9) of section 1204; and ``(B) any other individual who is employed by any Federal, State, county, or local agency and, as a result of such employment, is-- ``(i) empowered by law to conduct an investigation of or to make an arrest for a felony offense; or ``(ii) authorized by law to prosecute or participate in the prosecution of a felony offense.''. TITLE II--SURVIVOR PENSIONS SEC. 201. SURVIVOR PENSIONS. Part L of the Omnibus Crime Control and Safe Streets Act of 1968 is further amended by adding after section 1218 (42 U.S.C. 3796d-7) the following new subpart: ``Subpart 3--Survivor Pensions ``SEC. 1221. SURVIVOR PENSIONS ESTABLISHED. ``In any case in which the Bureau is required to pay a benefit under section 1201(a), the Bureau shall also pay an annual pension to one or more survivors of the deceased public safety officer in accordance with this subpart. ``SEC. 1222. PAYMENTS TO BENEFICIARIES. ``(a) Beneficiaries Determined.--An annual pension under this subpart shall be paid to one or more survivors of the deceased public safety officer as follows: ``(1) If there is a surviving spouse of such officer, a pension equal to 80 percent of the applicable amount under section 1223(a), paid to the surviving spouse. ``(2) If there is no surviving spouse, but-- ``(A) there is one surviving child of such officer, a pension equal to 20 percent of the applicable amount under section 1223(a), paid to that surviving child; ``(B) there are two surviving children of such officer, a pension equal to 35 percent of the applicable amount under section 1223(a), paid to the children in equal shares; ``(C) there are three surviving children of such officer, a pension equal to 50 percent of the applicable amount under section 1223(a), paid to the children in equal shares; or ``(D) there are four or more surviving children of such officer, a pension equal to 60 percent of the applicable amount under section 1223(a), paid to the children in equal shares. ``(3) If there is no surviving spouse or surviving child, but-- ``(A) there is one surviving parent of such officer, a pension equal to 20 percent of the applicable amount under section 1223(a), paid to that parent; or ``(B) there are two surviving parents of such officer, a pension equal to 40 percent of the applicable amount under section 1223(a), paid to the parents in equal shares. ``(4) If none of the above, a pension equal to 20 percent of the applicable amount under section 1223(a), paid-- ``(A) in the case of a claim made on or after the date that is 90 days after the date of the enactment of this subparagraph, to the individual designated by such officer as beneficiary under this subpart in the officer's most recently executed designation of beneficiary on file at the time of death with such officer's public safety agency, organization, or unit, provided that such individual survived such officer; or ``(B) if there is no individual qualifying under subparagraph (A), to the individual designated by such officer as beneficiary under such officer's most recently executed life insurance policy on file at the time of death with such officer's public safety agency, organization, or unit, provided that such individual survived such officer. ``(b) Payable for Lifetime.--An annual pension or share of a pension under this section shall be paid for the lifetime of the beneficiary, without regard to the marital status or any other status of the beneficiary. ``SEC. 1223. PENSION AMOUNT. ``(a) Amount Used to Determine Annual Pension.--The amount used to determine the amount of an annual pension under this subpart shall be the greater of the following: ``(1) The annual base salary of the officer at the time of the officer's death, adjusted in accordance with subsection (b). ``(2) $60,000, adjusted in accordance with subsection (b). ``(b) Cost of Living Adjustments.--On October 1 of each fiscal year beginning after the effective date of this subpart, the Bureau shall adjust the amounts used to determine the amount of an annual pension under this subpart immediately before such October 1 under subsection (a), to reflect the annual percentage change in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, occurring in the 1-year period ending on June 1 immediately preceding such October 1. ``SEC. 1224. DEFINITION. ``Notwithstanding paragraph (3) of section 1204, for the purposes of this subpart the term `child' means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased public safety officer.''. TITLE III--PUBLIC SAFETY OFFICER SCHOLARSHIPS SEC. 301. PUBLIC SAFETY OFFICER SCHOLARSHIPS. (a) In General.-- (1) Scholarship awards.--The Secretary of Education is authorized to award a Public Safety Officer scholarship, in accordance with this title, to-- (A) any eligible applicant who is attending, or who has been accepted for attendance at, any eligible institution providing instruction for one or more grades of kindergarten, elementary school, or secondary school; and (B) any eligible applicant who is enrolled, or has been accepted for enrollment, as a full-time or part- time postsecondary student in any eligible institution providing a degree-granting program for one or more postsecondary degrees. (2) Application.--To receive a scholarship award under this title, an eligible applicant shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such an application shall be accompanied by a certification from the head of the public safety agency, organization, or unit that employed the public safety officer by reason of whom the applicant is claiming eligibility, certifying that such officer is a deceased or disabled officer, as defined in paragraph (1) of section 305. (b) Maximum Award.-- (1) Elementary and secondary awards.--For any academic year, the maximum amount of a scholarship award under this section for a kindergarten, elementary school, or secondary school student shall not exceed the lesser of the following: (A) The average per pupil expenditure for elementary and secondary education of the local educational agency for the geographic area in which the eligible applicant resides. (B) The actual cost to the student for attendance at the school, including expenses such as tuition, fees, books, transportation costs, and other related expenses, as determined by the Secretary. (2) Postsecondary awards.--For any academic year, the maximum amount of a scholarship award under this section for a postsecondary student shall not exceed the lesser of the following: (A) The average cost of attendance (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087kk)), at a State university in the State in which the student resides, for a State resident carrying the same academic workload as the student, with the same number of dependents as the student, and residing in the same type of housing as the student. (B) The actual cost of attendance (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087kk)) of such student. (c) Award Period.--The maximum duration of each scholarship award under this title-- (1) for a kindergarten, elementary school, or secondary school student, shall be the period of time normally required for the completion of a high school diploma by a student in the grade that the recipient is in at the time the award commences, as determined by the Secretary; and (2) for a postsecondary student, shall be the lesser of-- (A) the time actually required by the student to complete the course of study for which the student is receiving the scholarship award under this title; (B) 6 years, in the case of a student enrolled in undergraduate studies; or (C) 3 years, in the case of a student enrolled in postgraduate studies. (d) Notification.--The Secretary shall notify the applicant and the eligible institution of the applicant's selection for receipt of a scholarship award under this title, and the conditions pertaining to scholarship award eligibility and continuance. (e) Fiscal Agent.--The Secretary shall, if practicable, use eligible institutions as fiscal agents for the payment of scholarship awards. SEC. 302. ADDITIONAL AWARD REQUIREMENTS. A student awarded a scholarship under this title shall demonstrate to the satisfaction of the Secretary, as a condition for initial receipt of such award and periodically thereafter as a condition for its continuation, that the student is-- (1) maintaining satisfactory progress in the course of study the student is pursuing-- (A) in the case of a kindergarten, elementary school, or secondary school student, as such satisfactory progress is determined by the Secretary; and (B) in the case of a postsecondary student, consistent with section 484(c) of the Higher Education Act of 1965; (2) committed to remaining drug-free; and (3) attending classes on a regular basis so as not to interfere with the normal course of studies, except for excused absence for vacation, illness, military service, or such other reason deemed good cause by the eligible institution or the Secretary. SEC. 303. AGREEMENTS WITH ELIGIBLE INSTITUTIONS. For the purposes of this title, the Secretary is authorized to enter into agreements with eligible institutions in which any student receiving a scholarship award under this title has enrolled or has been accepted for enrollment. Each such agreement shall provide-- (1) that the institution shall cooperate with the Secretary in carrying out this title, including the provision of information necessary for a student to satisfy the requirements in section 302; (2) that the institution shall conduct a periodic review to determine whether students enrolled at the institution and receiving a scholarship award under this title continue to be eligible to receive such scholarship award, and shall notify the Secretary of the results of such reviews; and (3) for control and accounting procedures as may be necessary to assure proper disbursement and accounting of funds paid to the institution under section 301(e). SEC. 304. TREATMENT OF SCHOLARSHIPS FOR PURPOSES OF FINANCIAL AID. Notwithstanding any other provision of law, a scholarship award received under this title shall not be taken into account in determining the need or eligibility of a person for student financial assistance, or the amount of such assistance, under title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 305. DEFINITIONS. In this title: (1) Deceased or disabled officer.--The term ``deceased or disabled officer'' means a public safety officer with respect to whom the Bureau of Justice Assistance has determined, in accordance with section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) and under regulations issued pursuant to part L of such Act, that such public safety officer-- (A) has died as the direct and proximate result of a personal injury sustained in the line of duty; or (B) has become permanently and totally disabled as the direct result of a catastrophic injury sustained in the line of duty. (2) Dependent child.--The term ``dependent child'' means a child of a deceased or disabled officer, including a stepchild or an adopted child, who-- (A) is living with or receiving regular support contributions from such deceased or disabled officer-- (i) at the time of the officer's death; or (ii) at the time of the officer's totally and permanently disabling injury; and (B) at the start of the academic year for which a scholarship award is received, is 25 years of age or under. (3) Eligible applicant.--The term ``eligible applicant'' means a person residing in a State who is any of the following: (A) A public safety officer described in paragraph (1)(B). (B) An eligible spouse of a deceased or disabled officer. (C) A dependent child of a deceased or disabled officer. (4) Eligible institution.--The term ``eligible institution'' means any public or private kindergarten, elementary school, or secondary school as defined in section 7801 of the Elementary and Secondary Education Act of 1965, or any institution of higher education, as defined in section 102 of the Higher Education Act of 1965, that-- (A) is located in a State; and (B) complies with the antidiscrimination provisions of section 601 of the Civil Rights Act of 1964 and does not discriminate on the basis of race. (5) Eligible spouse.--The term ``eligible spouse'' means an individual who is the legally married husband or wife of a deceased or disabled officer-- (A) in the case of a deceased officer, at the time of the officer's death; or (B) in the case of a disabled officer, at the time of the officer's totally and permanently disabling injury, and at the time of the determination of eligibility for a scholarship award under this title. (6) Public safety officer.--The term ``public safety officer'' has the meaning given such term in section 1217 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-6), as added by section 104 of this Act. (7) Secretary.--The term ``Secretary'' means the Secretary of Education. (8) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. TITLE IV--MISCELLANEOUS PROVISIONS SEC. 401. COMPENSATION IN CASE OF DEATH. Section 8133(b)(1) of title 5, United States Code, is amended by striking ``or remarries before reaching age 55''. SEC. 402. BENEFITS DEFINITION CONFORMING AMENDMENT. Section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended by striking ``As used in this part-- '' and inserting ``Except as otherwise expressly provided, as used in this part--''", "summary": "Special Agent Scott K. Carey Public Safety Officer Benefits Enhancement Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend: (1) educational benefits to public safety officers who become permanently and totally disabled in the line of duty and to their spouses and children; (2) allow payment of retroactive benefits to dependents of such disabled officers; and (3) establish a program of pension payments for certain survivors of deceased public safety officers. Authorizes the Secretary of Education to: (1) award a Public Safety Officer scholarship to disabled public safety officers, their spouses, and their children; and (2) enter into agreements with educational institutions to carry out such scholarship program. Amends federal personnel law to allow widows or widowers of federal employees killed on the job to continue to receive monthly compensation even if they remarry before reaching age 55."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Financial Literacy and Economic Opportunity Act of 2015''. SEC. 2. TAX CREDIT FOR PROVIDING PROGRAMS FOR STUDENTS THAT PROMOTE ECONOMIC AND FINANCIAL LITERACY. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45S. EXCELLENCE IN ECONOMIC EDUCATION. ``(a) General Rule.--In the case of an eligible for profit organization, for purposes of section 38, the excellence in economic education credit determined under this section for a taxable year is 50 percent of the amount paid or incurred during the taxable year to carry out the purposes specified in section 5533(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b(b)) pursuant to a qualified program. ``(b) Limitation on Number of Credit Recipients.-- ``(1) In general.--The excellence in economic education credit determined under this section for a taxable year may be allowed to not more than 20 for profit organizations in accordance with paragraph (2). ``(2) Credit award by secretary.-- ``(A) In general.--The Secretary (in consultation with the Secretary of Education) shall determine which for profit organizations are allowed the credit under this section for a taxable year in such manner as the Secretary determines appropriate. ``(B) Majority of recipients must be mwosbs, owned by veterans, or meet asset test.--In carrying out subparagraph (A), the majority of the taxpayers allowed a credit under paragraph (1) for a taxable year shall be entities that are-- ``(i) either-- ``(I) a socially and economically disadvantaged small business concern (as defined in section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 637(a)(4)(A))), ``(II) a small business concern owned and controlled by women (as defined under section 3(n) of such Act (15 U.S.C. 632(n))), or ``(III) a small business concern (as so defined) that is at least 51 percent owned by veterans (as defined in section 101(2), United States Code), or ``(ii) on the first day of the taxable year do not have more than $60,000,000,000 in assets. ``(C) Priority.--In making determinations under this paragraph, the Secretary shall give priority to taxpayers that have qualified programs which serve either urban or rural underserved areas (determined on the basis of the most recent United States census data available). ``(c) Limitations Relating to Expenditures.-- ``(1) Direct activity.--25 percent of the amount allowed as a credit under subsection (a) shall be for amounts paid or incurred for direct activities (as defined in section 5533(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b(b)(1))). ``(2) Subgrants.--75 percent of the amount allowed as a credit under subsection (a) shall be for amounts paid or incurred for subgrants (as defined in section 5533(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b(b)(1))), determined by treating amounts so paid or incurred as funds made available through a grant. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified program.--The term `qualified program' means a program in writing under which an eligible for profit organization awards one or more grants for the purpose of carrying out the objectives of promoting economic and financial literacy, as specified in section 5532 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267a), that meet the requirements of section 5533b of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b). ``(2) Eligible for profit organization.--The term `eligible for profit organization' means with respect to a taxable year, an organization that-- ``(A) has a qualified program in effect for the taxable year, and ``(B) has been determined by the Secretary under subsection (b)(2) to be an organization to whom the credit is allowed for the taxable year. ``(3) Determination of assets.--For purposes of paragraph (2)(B), in determining assets, the Secretary shall use the same method used by the Board of Governors of the Federal Reserve System to determine a bank holding company's consolidated assets under section 165 of the Financial Stability Act of 2010 (12 U.S.C. 5365). ``(4) Election not to claim credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. ``(5) Coordination with other deductions or credits.--The amount of any deduction or credit otherwise allowable under this chapter for any amount taken into account for purposes of subsection (a) shall be reduced by the credit allowed by this section. ``(e) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the excellence in economic education credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Excellence in economic education.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Promoting Financial Literacy and Economic Opportunity Act of 2015 This bill amends the Internal Revenue Code to allow up to 20 for-profit organizations in any taxable year a business-related tax credit for 50% of the amount paid or incurred to carry out activities to improve the quality of student understanding of personal finance and economics. The Department of the Treasury shall determine which for-profit organizations are eligible for the credit, ensuring that a majority of credit recipients are: (1) either a socially and economically disadvantaged small business concern, a small business concern owned and controlled by women, or a small business concern that is at least 51% owned by veterans, or (2) do not have more than $60 billion in assets. In determining the eligibility of a for-profit organization, Treasury shall give priority to organizations that have programs serving either urban or rural underserved areas."}
{"article": "SECTION 1. COMPLIANCE WITH TARIFF ACT OF 1930. (a) Definitions.--Section 801 of the Tariff Act of 1930 (19 U.S.C. 1681) is amended by adding at the end the following: ``(3) Delivery sale.--The term `delivery sale' means any sale of cigarettes or a smokeless tobacco product to a consumer if-- ``(A) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or ``(B) the cigarettes or smokeless tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the physical presence of the buyer when the buyer obtains personal possession of the delivered cigarettes or smokeless tobacco product. ``(4) Indian tribe.--The terms `Indian tribe' and `tribal' refer to an Indian tribe as defined in the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)) or as listed pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).''. (b) Inapplicability of Exemptions From Requirements for Entry of Certain Cigarettes and Smokeless Tobacco Products.--Section 802(b)(1) of the Tariff Act of 1930 (19 U.S.C. 1681a(b)(1)) is amended by adding at the end the following new sentence: ``The preceding sentence shall not apply to any cigarettes or smokeless tobacco products sold in connection with a delivery sale.''. (c) State Access to Customs Certifications.--Section 802 of that Act is further amended by adding at the end the following new subsection: ``(d) State Access to Customs Certifications.--A State, through its Attorney General, shall be entitled to obtain copies of any certification required under subsection (c) directly-- ``(1) upon request to the agency of the United States responsible for collecting such certification; or ``(2) upon request to the importer, manufacturer, or authorized official of such importer or manufacturer.''. (d) Enforcement Provisions.--Section 803 of that Act (19 U.S.C. 1681b) is amended-- (1) in subsection (b)-- (A) in the first sentence, by inserting before the period the following: ``, or to any State in which such tobacco product, cigarette papers, or tube is found''; and (B) in the second sentence, by inserting ``, or to any State,'' after ``the United States''; and (2) by adding at the end the following new subsection: ``(c) Actions by States and Others.-- ``(1) In general.--Any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986 may bring an action in the United States district courts against any person, other than a State, local, or tribal government, to prevent and restrain violations of this title-- ``(A) by that person; or ``(B) by another person controlled by that person. ``(2) Relief for state and local governments.--A State, acting through its attorney general, or a local government, acting through its chief law enforcement officer (or a designee thereof), may bring a civil action under this title against any person-- ``(A) to prevent and restrain violations of this title-- ``(i) by that person; or ``(ii) by another person controlled by that person; or ``(B) to obtain any other appropriate relief for violations of this title-- ``(i) by that person, or ``(ii) by another person controlled by that person, including civil penalties, money damages, and injunctive or other equitable relief. ``(3) Construction generally.-- ``(A) In general.--Nothing in this subsection shall be deemed to abrogate or constitute a waiver of any sovereign immunity of a State or local government or an Indian tribe against any unconsented lawsuit under this title or to otherwise restrict, expand, or modify any sovereign immunity of a State or local government or an Indian tribe. ``(B) Construction with other relief.--The remedies available under this subsection are in addition to any other remedies available under Federal, State, local, or other law. ``(4) Construction with forfeiture provisions.--Nothing in this subsection shall be construed to require a State to first bring an action under paragraph (2) when pursuing relief under subsection (b). ``(d) Construction With State Authorities.--Nothing in this title shall be construed to expand, restrict, or otherwise modify the right of an authorized State official from proceeding in any State court, or taking other enforcement actions, on the basis of alleged violation of State or other law.''. (e) Inclusion of Smokeless Tobacco.-- (1) Sections 802 and 803(a) of that Act (other than the last sentence of section 802(b)(1), as added by subsection (b) of this section) are further amended by inserting ``or smokeless tobacco products'' after ``cigarettes'' each place it appears. (2) Section 802 of such Act is further amended-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``or section 4 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4403), as the case may be'' after ``section 7 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1335a)''; (ii) in paragraph (2), by inserting ``or section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402), as the case may be,'' after ``section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333)''; and (iii) in paragraph (3), by inserting ``or section 3(d) of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402(d)), as the case may be,'' after ``section 4(c) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333(c))''; (B) in subsection (b)-- (i) in the paragraph caption of paragraph (1), by inserting ``or smokeless tobacco'' after ``cigarettes''; and (ii) in the paragraph caption of paragraphs (2) and (3), by inserting ``or smokeless tobacco'' after ``cigarettes''; and (C) in subsection (c)-- (i) in the subsection caption, by inserting ``or Smokeless Tobacco'' after ``Cigarette''; (ii) in paragraph (1), by inserting ``or section 4 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4403), as the case may be'' after ``section 7 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1335a)''; (iii) in paragraph (2)(A), by inserting ``or section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402), as the case may be,'' after ``section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333)''; and (iv) in paragraph (2)(B), by inserting ``or section 3(d) of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402(d)), as the case may be'' after ``section 4(c) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333(c))''. (3) Section 803(b) of that Act, as amended by subsection (d)(1) of this section, is further amended by inserting ``, or any smokeless tobacco product,'' after ``or tube'' the first place it appears. (4)(A) The heading of title VIII of such Act is amended by inserting ``AND SMOKELESS TOBACCO'' after ``CIGARETTES''. (B) The heading of section 802 of such Act is amended by inserting ``and smokeless tobacco'' after ``cigarettes''. SEC. 2. APPLICATION OF CIVIL PENALTIES TO RELANDINGS OF TOBACCO PRODUCTS SOLD IN A DELIVERY SALE. (a) In General.--Section 5761 of the Internal Revenue Code of 1986 (relating to civil penalties) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and inserting after subsection (c) the following new subsection: ``(d) Personal Use Quantities.-- ``(1) In general.--No quantity of tobacco products other than the quantity referred to in paragraph (2) may be relanded or received as a personal use quantity. ``(2) Exception for personal use quantity.--Subsection (c) and section 5754 shall not apply to any person who relands or receives tobacco products in the quantity allowed entry free of tax and duty under chapter 98 of the Harmonized Tariff Schedule of the United States, and such person may voluntarily relinquish to the Secretary at the time of entry any excess of such quantity without incurring the penalty under subsection (c). ``(3) Special rule for delivery sales.-- ``(A) In general.--Paragraph (2) shall not apply to any tobacco product sold in connection with a delivery sale. ``(B) Delivery sale.--For purposes of subparagraph (A), the term `delivery sale' means any sale of a tobacco product to a consumer if-- ``(i) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made, or ``(ii) the tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the physical presence of the buyer when the buyer obtains personal possession of the tobacco product.''. (b) Conforming Amendments.-- (1) Subsection (c) of section 5761 of such Code is amended by striking the last two sentences. (2) Paragraph (1) of section 5754(c) of such Code is amended by striking ``section 5761(c)'' and inserting ``section 5761(d)''.", "summary": "Amends the Tariff Act of 1930 to define \"delivery sale\" of a tobacco product as any sale of cigarettes or a smokeless tobacco product to a consumer if: (1) the consumer submits the purchase order by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the buyer's physical presence when the purchase request or order is made; or (2) the cigarettes or smokeless tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the buyer's physical presence when the buyer obtains personal possession of the delivered cigarettes or smokeless tobacco product. Makes the personal use exemption from tobacco import requirements inapplicable to cigarettes or smokeless tobacco products sold in connection with a delivery sale. Allows states access to copies of Customs Service certifications required for cigarette imports. Permits any tobacco product, cigarette papers, or tube found in violation of the Act to be forfeited for destruction to any state in which it is found. Authorizes persons who hold permits under the Internal Revenue Code concerning tobacco products, cigarette papers, and tubes to bring an action in the U.S. district courts against any person, other than a state, local, or tribal government, to prevent and restrain violations of the Act. Authorizes state and local governments to bring civil actions for prevention or restraint against persons who violate the Act. Subjects smokeless tobacco products to the same entry requirements and enforcement mechanisms as apply to certain cigarettes under the Act. Amends the Internal Revenue Code to impose civil penalties against persons for relanding, except for personal use, tobacco products sold in a delivery sale."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Revenue Sharing Act of 2005''. SEC. 2. OUTER CONTINENTAL SHELF REVENUE SHARING. Section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a) is amended-- (1) in subsection (a)-- (A) by striking paragraph (7); (B) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively; (C) in paragraph (8) (as redesignated by subparagraph (B)), by striking subparagraph (B) and inserting the following: ``(B) Inclusion.--The term `producing State' includes any State that begins production on a leased tract on or after the date of enactment of the Outer Continental Shelf Revenue Sharing Act of 2005, regardless of whether the leased tract was on any date subject to a leasing moratorium.''; and (D) in paragraph (9) (as redesignated by subparagraph (B)), by striking subparagraph (C); and (2) in subsection (b)(4), by striking subparagraph (E). SEC. 3. ESTABLISHMENT OF SEAWARD LATERAL BOUNDARIES FOR COASTAL STATES. Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(A)''; (2) in the first sentence-- (A) by striking ``President shall'' and inserting ``Secretary shall by regulation''; and (B) by inserting before the period at the end the following: ``not later than 180 days after the date of enactment of the Outer Continental Shelf Revenue Sharing Act of 2005''; and (3) by adding at the end the following: ``(ii)(I) For purposes of this Act (including determining boundaries to authorize leasing and preleasing activities and any attributing revenues under this Act and calculating payments to producing States and coastal political subdivisions under section 31), the Secretary shall delineate the lateral boundaries between coastal States in areas of the Outer Continental shelf under exclusive Federal jurisdiction, to the extent of the exclusive economic zone of the United States, in accordance with article 15 of the United Nations Convention on the Law of the Sea of December 10, 1982. ``(II) This clause shall not affect any right or title to Federal submerged land on the outer Continental Shelf.''. SEC. 4. OPTION TO PETITION FOR LEASING WITHIN CERTAIN AREAS ON THE OUTER CONTINENTAL SHELF. Section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 1341) is amended by adding at the end the following: ``(g) Leasing Within the Seaward Lateral Boundaries of Coastal States.-- ``(1) Definition of affected area.--In this subsection, the term `affected area' means any area located-- ``(A) in the areas of northern, central, and southern California and the areas of Oregon and Washington; ``(B) in the north, middle, or south planning area of the Atlantic Ocean; ``(C) in the eastern Gulf of Mexico planning area and lying-- ``(i) south of 26 degrees north latitude; and ``(ii) east of 86 degrees west longitude; or ``(D) in the Straits of Florida. ``(2) Restrictions on leasing.--The Secretary shall not offer for offshore leasing, preleasing, or any related activity-- ``(A) any area located on the outer Continental Shelf that, as of the date of enactment of this subsection, is designated as a marine sanctuary under the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.); or ``(B) except as provided in paragraphs (3) and (4), during the period beginning on the date of enactment of this subsection and ending on June 30, 2012, any affected area. ``(3) Resource assessments.-- ``(A) In general.--Beginning on the date on which the Secretary delineates seaward lateral boundaries under section 4(a)(2)(A)(ii), a Governor of a State in which an affected area is located, with the consent of the legislature of the State, may submit to the Secretary a petition requesting a resource assessment of any area within the seaward lateral boundary of the State. ``(B) Eligible resources.--A petition for a resource assessment under subparagraph (A) may be for-- ``(i) oil and gas leasing; ``(ii) gas-only leasing; or ``(iii) any other energy source leasing, including renewable energy leasing. ``(C) Action by secretary.--Not later than 90 days after receipt of a petition under subparagraph (A), the Secretary shall approve the petition, unless the Secretary determines that a resource assessment of the area would create an unreasonable risk of harm to the marine, human, or coastal environment of the State. ``(D) Failure to act.--If the Secretary fails to approve or deny a petition in accordance with subparagraph (C)-- ``(i) the petition shall be considered to be approved; and ``(ii) a resource assessment of any appropriate area shall be carried out as soon as practicable. ``(E) Submission to state.--As soon as practicable after the date on which a petition is approved under subparagraph (C) or (D), the Secretary shall-- ``(i) complete the resource assessment for the area; and ``(ii) submit the completed resource assessment to the State. ``(4) Petition for leasing.-- ``(A) In general.--On receipt of a resource assessment under paragraph (3)(E)(ii), the Governor of a State in which an affected area is located, with the consent of the legislature of the State, may submit to the Secretary a petition requesting that the Secretary make available any land that is within the seaward lateral boundaries of the State (as established under section 4(a)(2)(A)(ii)) and that is greater than 20 miles from the coastline of the State for the conduct of offshore leasing, pre-leasing, or related activities with respect to-- ``(i) oil and gas leasing; ``(ii) gas-only leasing; or ``(iii) any other energy source leasing, including renewable energy leasing. ``(B) Action by secretary.--Not later than 90 days after receipt of a petition under subparagraph (A), the Secretary shall approve the petition, unless the Secretary determines that leasing the area would create an unreasonable risk of harm to the marine, human, or coastal environment of the State. ``(C) Failure to act.--If the Secretary fails to approve or deny a petition in accordance with subparagraph (B)-- ``(i) the petition shall be considered to be approved; and ``(ii) any appropriate area shall be made available for oil and gas leasing, gas-only leasing, or any other energy source leasing, including renewable energy leasing. ``(5) Revenue sharing.-- ``(A) In general.--Beginning on the date on which production begins in an area under this subsection, the State shall, without further appropriation, share in any qualified outer Continental Shelf revenues of the production under section 31. ``(B) Applicable law.-- ``(i) In general.--Except as provided in clause (ii), a State shall not be required to comply with subsections (c) and (d) of section 31 to share in qualified outer Continental Shelf revenues under subparagraph (A). ``(ii) Exception.--Of any qualified outer Continental Shelf revenues received by a State (including a political subdivision of a State) under subparagraph (A), at least 25 percent shall be used for 1 or more of the purposes described in section 31(d)(1). ``(6) Effect.--Nothing in this subsection affects any right relating to an area described in paragraph (1) or (2) under a lease that was in existence on the day before the date of enactment of this subsection.''. SEC. 5. REGULATIONS. (a) In General.--The Secretary of the Interior shall issue such regulations as are necessary to carry out this Act and the amendments made by this Act, including regulations establishing procedures for entering into gas-only leases. (b) Gas-Only Leases.--In issuing regulations establishing procedures for entering into gas-only leases, the Secretary shall-- (1) ensure that gas-only leases under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) are not available in a State that (as of the day before the date of enactment of this Act) did not contain an affected area (as defined in section 12(g)(1) of that Act (as added by section 4)); and (2) define ``natural gas'' as-- (A) unmixed natural gas; or (B) any mixture of natural or artificial gas (including compressed or liquefied petroleum gas) and condensate recovered from natural gas.", "summary": "Outer Continental Shelf Revenue Sharing Act of 2005 - Amends the Outer Continental Shelf Lands Act (OCSLA) regarding the coastal impact assistance program to: (1) repeal references to leasing moratoria; (2) redefine a \"producing state\" as one that begins production on a leased tract on or after the date of enactment of this Act, regardless of whether the leased tract was on any date subject to a leasing moratorium; (3) repeal the exclusion of certain revenues from \"qualified Outer Continental Shelf revenues;\" and (4) repeal the exclusion of certain leased tracts from the statutory formula for payments to coastal political subdivisions. Directs the Secretary of the Interior to delineate the lateral boundaries between coastal states in areas of the Outer Continental Shelf under exclusive federal jurisdiction. Prescribes guidelines for petitions to lease within the seaward lateral boundaries of coastal states. Includes guidelines under which a state shall share in qualified Outer Continental Shelf revenues as of the date production begins under this Act. Directs the Secretary of the Interior to issue implementing regulations, including procedures for entering into gas-only leases."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1993''. SEC. 2. TITLE AND PART HEADINGS. (a) Title.--The heading of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) is amended to read as follows: ``TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''. (b) Part.--The heading of part A of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) is amended to read as follows: ``PART A--GENERAL PROVISIONS''. SEC. 3. FINDINGS AND PURPOSES. Section 101 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000) is amended to read as follows: ``SEC. 101. FINDINGS, PURPOSES, AND POLICY. ``(a) Findings.--The Congress finds that-- ``(1) in 1993 there are more than 3,000,000 individuals with developmental disabilities in the United States; ``(2) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to enjoy the opportunity to live independently, enjoy self-determination, make choices, contribute to society, and experience full integration and inclusion in the economic, political, social, cultural, and educational mainstream of American society; ``(3) individuals with developmental disabilities continually encounter various forms of discrimination in critical areas; ``(4) there is a lack of public awareness of the capabilities and competencies of individuals with developmental disabilities; ``(5) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely; ``(6) individuals with developmental disabilities often require lifelong specialized services and assistance, provided in a coordinated and culturally competent manner by many agencies, professionals, advocates, community representatives, and others to eliminate barriers and to meet the needs of such individuals and their families; ``(7) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services from generic and specialized service systems and remain unserved or underserved; ``(8) family members, friends, and members of the community can play an important role in enhancing the lives of individuals with developmental disabilities, especially when the family and community are provided with the necessary services and supports; and ``(9) the goals of the Nation properly include the goal of providing individuals with developmental disabilities with the opportunities and support to-- ``(A) make informed choices and decisions; ``(B) live in homes and communities in which such individuals can exercise their full rights and responsibilities as citizens; ``(C) pursue meaningful and productive lives; ``(D) contribute to their family, community, State, and Nation; ``(E) have interdependent friendships and relationships with others; and ``(F) achieve full integration and inclusion in society; in an individualized manner, consistent with unique strengths, resources, priorities, concerns, abilities and capabilities of each individual. ``(b) Purpose.--The purpose of this Act is to assure that individuals with developmental disabilities and their families have access to culturally competent services, supports, and other assistance and opportunities that promote independence, productivity, and integration and inclusion into the community, through-- ``(1) support to State Developmental Disabilities Councils in each State to promote, through systemic change, capacity building, and advocacy (consistent with section 101(c)(2)), a consumer and family-centered, comprehensive system, and a coordinated array of services, supports, and other assistance for individuals with developmental disabilities and their families; ``(2) support to protection and advocacy systems in each State to protect the legal and human rights of individuals with developmental disabilities; ``(3) support to university affiliated programs to provide interdisciplinary preservice preparation of students and fellows, community service activities, and the dissemination of information and research findings; and ``(4) support to national initiatives to collect necessary data, provide technical assistance to State Developmental Disabilities Councils, protection, and advocacy systems and university affiliated programs, and support other nationally significant activities. ``(c) Policy.--It is the policy of the United States that all programs, projects, and activities receiving assistance under this Act shall be carried out in a manner consistent with the principles that-- ``(1) individuals with developmental disabilities, including those with the most severe developmental disabilities, are capable of achieving independence, productivity, and integration and inclusion into the community, and the provision of services, supports and other assistance can improve such individuals' ability to achieve independence, productivity, and integration and inclusion; ``(2) individuals with developmental disabilities and their families have competencies, capabilities and personal goals that should be recognized, supported, and encouraged and any assistance should be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual; ``(3) individuals with developmental disabilities and their families are the primary decisionmakers regarding the services and supports such individuals and their families receive and play decisionmaking roles in policies and programs that affect the lives of such individuals and their families; ``(4) services, supports, and other assistance are provided in a manner that demonstrates respect for individual dignity, personal preferences, and cultural differences; ``(5) communities accept and support individuals with developmental disabilities and are enriched by the full and active participation and the contributions by individuals with developmental disabilities and their families; and ``(6) individuals with developmental disabilities have opportunities and the necessary support to be included in community life, have interdependent relationships, live in homes and communities, and make contributions to their families, community, State, and Nation.''. SEC. 4. TECHNICAL AMENDMENTS. (a) Protection and Advocacy of the Rights of Individuals With Developmental Disabilities.--The heading of part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) is amended to read as follows: ``PART C--PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''. (b) System Required.--Section 142 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042) is amended by adding at the end the following subsection: ``(i) Public Notice of Federal Onsite Review.--The Secretary shall provide advance public notice of any Federal programmatic and administrative review and solicit public comment on the system funded under this part through such notice. The findings of the public comment solicitation notice shall be included in the onsite visit report. The results of such reviews shall be distributed to the Governor of the State and to other interested public and private parties.''. (c) Definition Regarding University Affiliated Programs.--The Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) is amended-- (1) in section 102(1)-- (A) by inserting ``, except as provided in section 155,'' before ``includes''; and (B) by inserting ``the Commonwealth of'' before ``Puerto Rico''; and (2) by adding at the end of part D the following section: ``SEC. 155. DEFINITION. ``For purposes of this part, the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.''. SEC. 5. AUTHORIZATIONS OF APPROPRIATIONS. (a) Planning of Priority Area Activities.--Section 130 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6030) is amended by striking ``$77,400,000'' and all that follows and inserting the following: ``$70,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. (b) Protection and Advocacy of Individual Rights.--Section 143 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6043) is amended by striking ``$24,200,000'' and all that follows and inserting the following: ``$24,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. (c) University Affiliated Program.--Section 154 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6064) is amended to read as follows: ``SEC. 154. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of making grants under subsections (a) through (e) of section 152, there are authorized to be appropriated $19,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. (d) Projects of National Significance.--Section 163(a) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6083(a)) is amended by striking ``$3,650,000'' and all that follows and inserting the following: ``$4,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''.", "summary": "Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1993 - Amends the Developmental Disabilities Assistance and Bill of Rights Act to revise the Act's statements of findings and purpose and to declare related policy. Requires: (1) advance public notice of any Federal programmatic and administrative review; (2) solicitation of public comment on State systems to protect and advocate the rights of persons with developmental disabilities; (3) inclusion of the comment findings in the onsite visit report; and (4) distribution of the review results. Removes from the definition of \"State,\" as it applies to university affiliated programs under the Act, references to the Northern Mariana Islands, American Samoa, and the Trust Territory of the Pacific Islands. Authorizes appropriations under the Act for priority area activities, protection and advocacy of the rights of individuals with developmental disabilities, university affiliated programs, and projects of national significance."}
{"article": "SECTION 1. RECOGNITION OF ACCREDITING AGENCIES AND ASSOCIATIONS. (a) Due Process.--Paragraph (6) of section 496(a) of the Higher Education Act of 1965 (20 U.S.C. 1099b(a)) is amended to read as follows: ``(6) such agency or association shall apply procedures throughout the accrediting process, including evaluation, interim sanction, and withdrawal or termination of accreditation proceedings, that comply with due process, including the right to-- ``(A) adequate specification of the agency's accrediting requirements; ``(B) written notice of deficiencies at the institution of higher education or program being examined and a reasonable time period, expressly set forth in the notice, to correct the deficiencies; ``(C) advance notice of and an opportunity for a hearing by any such institution before the agency's decision making body prior to the agency's final consideration of imposition of an adverse action; ``(D) appeal any adverse action by the agency against any such institution to an independent and impartial arbitration panel appointed jointly by the agency and the institution and conducted at the location of the institution; ``(E) appeal, at a minimum, the adequacy of the evidence supporting the adverse action decision, the adequacy of the agency's compliance with its own policies and procedures, and the extent to which the decision of the agency was tainted by bias or prejudice of any agent or official of the agency; ``(F) representation by counsel for any such institution; ``(G) an arbitration panel decision that may affirm or reverse, but not modify, the decision appealed by the institution; and ``(H) an allocation of the costs of the appeal that requires the agency and institution to each bear its own attorney, witness, and other costs of presentation of its case at the arbitration hearing and shifts the cost of the arbitration panel and any court reporter to the losing party; except that the Secretary may issue regulations to further define due process requirements as needed to protect accredited institutions, but may not by regulation reduce due process requirements available to accredited institutions, whether the due process is required under this paragraph or another provision of law or regulation;''. (b) Additional Criteria.--Section 496(a) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(9) if an agency or association conducts an assessment of an institution's governing board-- ``(A) such assessment shall consistently apply the accreditation standard, to the greatest extent possible, to any State-appointed receiver, special trustee, or similar interim governing authority, until such time as governing authority is returned to the regular governing board; and ``(B) such agency or association shall not terminate accreditation solely on the ground that the institution is under interim management of a State- appointed receiver, special trustee, or similar governing authority unless the agency or association determines that there are other deficiencies at the institution that provide grounds for termination, and that, after providing due process required by this section, the interim governing authority has not corrected such deficiencies within a reasonable period of time; and ``(10) such agency or association, and any officer or subdivision of such agency or association that makes accreditation recommendations to its decision-making board, shall conduct meetings open to public observation and comment and shall, at least 7 days before the time of any such meeting, post and distribute its meeting agenda electronically and otherwise to the public, and, for purposes of this paragraph-- ``(A) the term `meetings' includes all meetings, hearings, appeals, deliberations, and votes on accreditation matters regarding any educational institution or on accrediting standards, policies, or procedures; and ``(B) the Secretary shall issue regulations to implement this paragraph.''. (c) Recognition of State Accrediting Agencies.--Section 496(a)(3)(B) (20 U.S.C. 1099b(a)(3)(B)) is amended by striking ``on or before October 1, 1991''.", "summary": "Amends the Higher Education Act of 1965 to revise due process standards governing the accreditation process of educational institutions. Requires accrediting agencies and associations to provide educational institutions with: (1) written notice of deficiencies and a reasonable time period to correct such deficiencies; (2) advance notice of any adverse action and an opportunity for a hearing; and (3) a right to appeal an adverse action to an independent and impartial arbitration panel. Requires accrediting agencies and associations to: (1) ensure consistent application of accreditation standards to an educational institution's governing board in receivership; and (2) allow public access to meetings involving accreditation recommendations. Authorizes the Secretary of Education to issue regulations to further define due process requirements for the accreditation process."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001''. SEC. 2. PURPOSES. Section 102(b) of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``(b) Purposes.--The purposes of this Act are-- ``(1) to direct the Secretary to conduct research, development, and demonstration activities leading to the production, storage, transportation, and use of hydrogen for industrial, commercial, residential, transportation, and utility applications; ``(2) to direct the Secretary to develop a program of technology assessment, information dissemination, and education in which Federal, State, and local agencies, members of the energy, transportation, and other industries, and other entities may participate; and ``(3) to develop methods of hydrogen production that minimize adverse environmental impacts, including efficient and cost-effective production from renewable and nonrenewable energy resources.''. SEC. 3. DEFINITIONS. Section 102(c) of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended-- (1) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (2) by inserting before paragraph (2), as so redesignated by paragraph (1) of this section, the following new paragraph: ``(1) `advisory board' means the advisory board established under section 108;''. SEC. 4. REPORTS TO CONGRESS. Section 103 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 103. REPORTS TO CONGRESS. ``(a) Requirement.--Not later than 1 year after the date of the enactment of the Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001, and annually thereafter, the Secretary shall transmit to Congress a detailed report on the status and progress of the programs and activities authorized under this Act. ``(b) Contents.--A report under subsection (a) shall include, in addition to any views and recommendations of the Secretary-- ``(1) an analysis of Federal, State, and local hydrogen- related research and development activities to identify productive areas for increased intergovernmental collaboration; ``(2) a determination of the effectiveness of the technology assessment, information dissemination, and education program established under section 106; and ``(3) recommendations of the advisory board for any improvements needed in the programs and activities authorized by this Act.''. SEC. 5. HYDROGEN RESEARCH AND DEVELOPMENT. Section 104 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT. ``(a) Establishment of Program.--The Secretary shall conduct a hydrogen research and development program relating to production, storage, transportation, and use of hydrogen, with the goal of enabling the private sector to demonstrate the technical feasibility of using hydrogen for industrial, commercial, residential, transportation, and utility applications. ``(b) Elements.--In conducting the program authorized by this section, the Secretary shall-- ``(1) give particular attention to developing an understanding and resolution of critical technical issues preventing the introduction of hydrogen into the marketplace; ``(2) initiate or accelerate existing research and development in critical technical issues that will contribute to the development of more economical hydrogen production, storage, transportation, and use, including critical technical issues with respect to production (giving priority to those production techniques that use renewable energy resources as their primary source of energy for hydrogen production), liquefaction, transmission, distribution, storage, and use (including use of hydrogen in surface transportation); and ``(3) survey private sector and public sector hydrogen research and development activities worldwide, and take steps to ensure that research and development activities under this section do not-- ``(A) duplicate any available research and development results; or ``(B) displace or compete with the privately funded hydrogen research and development activities of United States industry. ``(c) Evaluation of Technologies.--The Secretary shall evaluate, for the purpose of determining whether to undertake or fund research and development activities under this section, any reasonable new or improved technology that could lead or contribute to the development of economical hydrogen production, storage, transportation, and use. ``(d) Competitive Peer Review.--The Secretary shall carry out or fund research and development activities under this section only on a competitive basis using peer review. ``(e) Cost Sharing.--The Secretary shall require, for research and development activities carried out by industry under this section, a commitment from non-Federal sources of at least 20 percent of the cost of the project.''. SEC. 6. DEMONSTRATIONS. Section 105(c) of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended by inserting ``Non-Federal Funding Requirement.--'' after ``(c)''. SEC. 7. TECHNOLOGY TRANSFER. Section 106 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 106. TECHNOLOGY ASSESSMENT, INFORMATION DISSEMINATION, AND EDUCATION PROGRAM. ``(a) Program.--The Secretary shall, in consultation with the advisory board, conduct a program designed to accelerate wider application of hydrogen production, storage, transportation, and use technologies, including application in foreign countries to increase the global market for the technologies and foster global economic development without harmful environmental effects. ``(b) Information.--The Secretary, in carrying out the program authorized by subsection (a), shall-- ``(1) undertake an update of the inventory and assessment, required under section 106(b)(1) of this Act as in effect before the date of the enactment of the Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001, of hydrogen technologies and their commercial capability to economically produce, store, transport, or use hydrogen in industrial, commercial, residential, transportation, and utility sectors; ``(2) develop, with other Federal agencies as appropriate and industry, an information exchange program to improve technology transfer for hydrogen production, storage, transportation, and use, which may consist of workshops, publications, conferences, and a database for the use by the public and private sectors; and ``(3) foster the exchange of generic, nonproprietary hydrogen production, storage, transportation, and use information and technology among industry, academia, and Federal, State, and local governments.''. SEC. 8. COORDINATION AND CONSULTATION. Section 107 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended-- (1) in subsection (a), by striking ``management responsibility--'' and all that follows through ``(2)'' and inserting ``management responsibility''; and (2) by amending subsection (c) to read as follows: ``(c) Consultation.--The Secretary shall consult with other Federal agencies as appropriate, and the advisory board, in carrying out the Secretary's authorities pursuant to this Act.''. SEC. 9. ADVISORY BOARD. Section 108 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 108. ADVISORY BOARD. ``(a) Establishment.--The Secretary shall enter into appropriate arrangements with the National Academy of Sciences to establish an advisory board consisting of experts drawn from domestic industry, academia, Governmental laboratories, and financial, environmental, and other organizations, as appropriate, to review and advise on the progress made through the programs and activities authorized under this Act. ``(b) Cooperation.--The heads of Federal agencies shall cooperate with the advisory board in carrying out this section and shall furnish to the advisory board such information as the advisory board reasonably deems necessary to carry out this section. ``(c) Review.--The advisory board shall review and make any necessary recommendations to the Secretary on-- ``(1) the implementation and conduct of programs and activities authorized under this Act; and ``(2) the economic, technological, and environmental consequences of the deployment of hydrogen production, storage, transportation, and use systems.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 109 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 109. AUTHORIZATION OF APPROPRIATIONS. ``(a) Research and Development; Advisory Board.--There are authorized to be appropriated to the Secretary to carry out sections 104 and 108-- ``(1) $40,000,000 for fiscal year 2002; ``(2) $45,000,000 for fiscal year 2003; ``(3) $50,000,000 for fiscal year 2004; ``(4) $55,000,000 for fiscal year 2005; and ``(5) $60,000,000 for fiscal year 2006. ``(b) Demonstration.--There are authorized to be appropriated to the Secretary to carry out section 105-- ``(1) $20,000,000 for fiscal year 2002; ``(2) $25,000,000 for fiscal year 2003; ``(3) $30,000,000 for fiscal year 2004; ``(4) $35,000,000 for fiscal year 2005; and ``(5) $40,000,000 for fiscal year 2006.''. SEC. 11. REPEAL. (a) Repeal.--Title II of the Hydrogen Future Act of 1996 is repealed. (b) Conforming Amendment.--Section 2 of the Hydrogen Future Act of 1996 is amended by striking ``titles II and III'' and inserting ``title III''.", "summary": "Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001 - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to revise its purposes to include: (1) research and demonstration activities leading to the use of hydrogen for commercial applications; and (2) the development of a hydrogen production methodology that minimizes adverse environmental impacts, including efficient and cost-effective production from renewable and nonrenewable resources. Repeals as a purpose the development of renewable energy resources as a primary source of energy for hydrogen production.Instructs the Secretary of Energy to: (1) report annually to Congress on programs and activities authorized under the Act; (2) conduct a hydrogen technology transfer program designed to accelerate wider application in foreign countries, increase the global market for hydrogen technologies, and foster global economic development without harmful environmental effects; and (3) enter into arrangements with the National Academy of Sciences to establish an advisory board to replace the current Hydrogen Technical Advisory Panel.Amends the Hydrogen Future Act of 1996 to repeal the program relating to the integration of fuel cells with hydrogen production systems."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Health Advisory Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Mercury is a persistent, bioaccumulative heavy metal that poses a significant risk to human health, wildlife, and the environment. (2) Mercury discharges into the atmosphere and surface oceans have increased two-to-five fold since the beginning of the industrialized period due to human activities. (3) Substantial evidence is accumulating that exposure to methyl-mercury is widespread in the general public and occurring at higher than health-based levels of concern according to the Food and Drug Administration, the Environmental Protection Agency, and the World Health Organization. Fish and seafood caught or sold in the United States are contaminated with methyl-mercury, a toxic element that may cause neurological damage and other health-related problems as a result of fish or seafood consumption. (4) According to the 1997 Environmental Protection Agency Mercury Report to Congress, mercury levels in the following fish, at least occasionally, exceeded the Food and Drug Administration's ``action level'' limit of 1 part per million: tilefish, king mackerel, shark, swordfish, tuna, lobster, red snapper, saltwater and freshwater bass, bluefish, bluegills, catfish, crappie, groupers, hake, halibut, northern pike, walleye, largemouth bass, pompano, snook, sunfish, and other finfish. (5) The Food and Drug Administration advises pregnant women and women of childbearing age not to eat shark, king mackerel, tilefish, and swordfish and to limit consumption of all other fish to 12 ounces per week. The Food and Drug Administration advises other persons to limit their consumption of shark and swordfish to no more than 7 ounces per week. (6) The Environmental Protection Agency recommends that women who are pregnant or who may become pregnant, nursing mothers, and young children limit fish consumption to 6 meals per week of cooked fish or an 8-ounce meal per week for uncooked fish for adults and 2 meals per week of cooked fish or a 3-ounce meal per week of uncooked fish for young children. (7) In 2003, 44 States issued health advisories that warned the public about consuming mercury-tainted fish, as compared to 27 States that issued such advisories in 1993. (8) Eleven States warn pregnant women and young children to limit consumption of canned tuna, the most consumed fish in the United States, to 1 or 2 cans per week and some States warn that the ``white'' albacore canned tuna has significantly higher mercury levels than the ``light'' tuna, based upon Food and Drug Administration testing. (9) Data from the National Health and Nutrition Examination Survey Centers indicates that 7.8 percent of women of childbearing age have blood mercury levels in their bodies above what is considered safe for the developing fetus, translating into over 300,000 babies born each year in the United States at risk of mercury poisoning. (10) Between 30 percent and 50 percent of women of childbearing age are not aware of the methyl-mercury exposure risks from ingestion of mercury-contaminated fish, according to the Food and Drug Administration. (11) A January 2001 report by the United States General Accounting Office (GAO) criticized the Food and Drug Administration for not providing guidance to the fishing industry to identify and prevent fish contaminated with mercury from reaching consumers, even though the Agency's own testing found that, for example, over half of the swordfish exceeded its action level of one part per million (ppm). (12) Evidence is continuing to emerge linking increased risk of coronary heart disease to mercury exposure, as presented in at least 2 peer reviewed studies. (13) Health advisory information on mercury-contaminated fish, which is necessary to protect public health, is not widely known by the State or Federal Government. This lack of awareness potentially threatens tens of millions of Americans who may unknowingly ingest harmful amounts of mercury because they are not aware of exposure risks from consumption of freshwater fish and seafood. (b) Purposes.--The purposes of this Act are to-- (1) ensure that the public is adequately informed about the potential adverse effects of mercury exposure through the consumption of fish products; (2) require the Secretary of Health and Human Services to work cooperatively with other Federal and State agencies, as well as nonprofit organizations, to create appropriate advisories for the distribution to the public of explanations of the potential adverse effects of mercury exposure from fish consumption; (3) require the Administrator of the Environmental Protection Agency to work cooperatively with State fish and game officials to create an informative guide for distribution to the public about the dangers of the consumption of recreationally-caught fish; (4) require the Food and Drug Administration to resume its seafood methyl-mercury monitoring program to better document mercury levels in various fish species sold in commerce; (5) require the Secretary of Health and Human Services, in cooperation with private and public organizations, to design and implement a National Public Education Program regarding the presence of methyl-mercury in seafood and fish consumption advisories for methyl-mercury; and (6) require the Administrator of the Environmental Protection Agency to annually prepare a report on the impacts of mercury on human health and the environment. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of Food and Drugs. (3) Health professional.--The term ``health professional'' means any licensed professional in the dental and medical profession. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. ADVISORY NOTICES. (a) Consumer Mercury Advisory Notice.-- (1) In general.--The Administrator and the Commissioner shall jointly develop fish consumption advisories for methyl- mercury in fish. Such advisories shall be based on the Environmental Protection Agency's Reference Dose for-- (A) the general population; (B) sensitive populations; and (C) populations consuming above average amounts of fish. (2) Consumer's notice.--The Secretary, in consultation with the Administrator and the heads of State environmental agencies and health departments, shall prepare a consumer's mercury advisory notice. Such notice shall be distributed widely by the Secretary, at no cost, to health professionals, particularly medical offices that provide gynecological, obstetrical, or pediatric care, and to the extent practicable shall be made available and posted in the patient or client areas of all maternal and child health and nutrition program offices, and shall be made available to health care providers, Federal, State, and local government agencies, and the general public upon request. (3) Criteria.--The advisories developed under this subsection shall-- (A) explain, in an easily understandable manner, the dangers of mercury exposure through the consumption of mercury contaminated fish to women of childbearing age, women who expect to become pregnant, women who are pregnant or breast feeding their children, and young children and their parents; (B) describe, in an easily understandable manner, in detail the most current mercury health advisories prepared by the Federal Government concerning fish consumption, contain the toll free number established under paragraph (4), and contain such other information as the Secretary determines appropriate; and (C) be printed in large type in English, Spanish, and other languages determined by the Secretary to be culturally and linguistically appropriate. (4) Toll-free telephone number.--The Secretary shall establish a toll-free telephone number to enable individuals to obtain additional information about the health advisories developed under this subsection concerning exposure to mercury from consumption of fish and seafood, as well as exposure from other sources. (5) Updating of information.--The information provided under this subsection shall be updated periodically as determined necessary by the Secretary. (b) Mercury Warning Consumer's Guide.-- (1) In general.--The Administrator, in consultation with the Secretary, shall prepare a consumer's guide to mercury and health advisory for the consumption of recreationally-caught fish. Such guide shall be distributed, at no cost, to-- (A) State departments of fisheries, wildlife, and environmental law enforcement; (B) all applicants for a fishing license at the time the license is issued; and (C) to public upon request. (2) Criteria.--The guide developed under paragraph (1) shall-- (A) be printed in large type in English, Spanish, and other languages determined by the Secretary to be culturally and linguistically appropriate; (B) contain the toll free telephone number established by the Environmental Protection Agency that residents may call for further information about the health advisories contained in the guide. (3) Updating of information.--The guide developed under paragraph (1) shall be updated periodically as determined necessary by the Secretary. (c) Consumption Advisory.-- (1) In general.--The Secretary, in consultation with the Secretary of Agriculture and the Administrator, shall work with the States and other appropriate entities to-- (A) develop and distribute regional and national advisories concerning the presence of methyl-mercury in seafood; (B) develop standardized formats for written and broadcast advisories regarding methyl-mercury in seafood; (C) develop and periodically upgrade information related to mercury fish tissue test results and fish consumption advisories for methyl-mercury; (D) coordinate State and local advisories in the formation of the National Public Education Program under subsection (d)(1); and (E) coordinate with that sector of the retail food industry that is engaged in the sale of any fresh, packaged, or frozen fish or seafood products intended for human consumption, concerning the posting of such advisories in their place of business where fish are sold to inform women of childbearing age, pregnant, and nursing women and the parents of young children on the potential dangers of mercury that is present in certain fish or seafood. (2) Criteria.--The advisories and notices developed under paragraph (1) shall include information both on limiting the consumption of certain high level fish and seafood to the general population and, for sensitive populations such as women of childbearing age and children, stress the importance of limiting consumption of frequently consumed fish that may exceed the Environmental Protection Agency's Reference Dose. (3) Consumption advisory.-- (A) In general.--Based on information compiled by the Environmental Protection Agency, the National Marine Fisheries Services, and the Food and Drug Administration, shall work with State health, fish and wildlife, and environmental agencies to develop and periodically update a consumption advisory for any fresh, packaged, or frozen fish or seafood products intended for human consumption for posting by retail food establishments and restaurants pursuant to this Act. The advisory shall provide information about the potential dangers from the ingestion of mercury from the consumption of fish and seafood by women of childbearing age, pregnant women, and young children and other at-risk groups as determined by the Department, including populations consuming above- average quantities of fish and seafood. (B) Distribution.--The Secretary shall make copies of the advisory developed under subparagraph (A) available to State boards of health or other State and local governmental entities that have the same authority as a State board of health for distribution to the public and to local retail food establishments and restaurants. (4) Requirements.--The advisories and notices developed under this subsection shall be printed in large type in English, Spanish, and other languages determined by the Secretary to be culturally and linguistically appropriate. (d) Public Education and Advisory System.-- (1) Public education.--The Secretary, in consultation with public and nonprofit private entities (including cooperative extension services and appropriate State entities), shall design and implement a national public education program regarding the presence of methyl-mercury in seafood. (2) Features.--The program developed under paragraph (1) shall provide-- (A) information to the public regarding-- (i) Federal standards and good practice requirements relating to methyl-mercury in seafood; and (ii) the promotion of public awareness, understanding, and acceptance of such standards and requirements; (B) information to health professionals so that health professionals may improve the diagnosis and treatment of mercury-related illness and advise individuals whose health conditions place those individuals at particular risk; and (C) such other information or advice to consumers and other individuals as the Secretary determines will promote the purposes of this section. (e) Sampling and Monitoring.-- (1) In general.--The Commissioner shall resume the seafood methyl-mercury monitoring sampling program of the Food and Drug Administration to assist in documenting mercury levels in various fish species. (2) Monitoring.--The sampling program described in paragraph (1) shall be conducted so as to provide statistically valid monitoring data with respect to mercury levels in fish and seafood (including market-basket studies) including documenting the extent to which fish with mercury levels in excess of the action level are sold in commerce. Such information, along with information gathered by the Environmental Protection Agency, shall be compiled into an annual report by the Commissioner to track changes in dietary exposure to mercury from fish and seafood. (3) Avoidance of duplication of effort.--To the extent practicable, the sampling program described in paragraph (1) shall be consistent with, and shall be coordinated with, other seafood sampling programs that are in use, so as to avoid duplication of effort. SEC. 5. HAACP ASSESSMENT. Not later than 1 year after the date of enactment of this Act, the Secretary shall finalize the Hazard Analysis and Critical Control Point assessment to determine whether or not methyl-mercury exposure through fish consumption is a public health hazard. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Public Education and Advisory System.--There is authorized to be appropriated to develop and implement the public education and advisory system under section 3(d), $500,000 for each fiscal year. (b) Sampling.--There is authorized to be appropriated to carry out sampling under section 3(e), $1,000,000 for each fiscal year. (c) State Support.-- (1) In general.--There is authorized to be appropriated to support the efforts of States to sample noncommercial fish and inland waterways for mercury and to produce State-specific health advisories related to mercury, $2,000,000 for each fiscal year. (2) Equitable distribution.--The Administrator shall distribute amounts made available under paragraph (1) equitably among the States through programs in existence on the date of enactment of this Act.", "summary": "Mercury Health Advisory Act of 2003 - Requires the Administrator of the Environmental Protection Agency and the Commissioner of Food and Drugs jointly to develop fish consumption advisories for methyl-mercury in fish. Directs the Secretary of Health and Human Services to: (1) prepare and distribute to health professionals (and others upon request) a consumer's mercury advisory notice regarding the health risks of fish consumption; and (2) establish a toll-free number for individuals who desire additional information. Requires the Administrator to prepare and distribute to specified State entities and applicants for fishing licenses (and others upon request) a consumer's guide to mercury, including a health advisory for the consumption of recreationally-caught fish. Requires the Secretary to work with States and other entities to: (1) develop and distribute standardized advisories, including consumption advisories and health warnings, regarding the presence of methyl-mercury in seafood; and (2) design and implement a related national public education program. Directs the Commissioner to resume the Food and Drug Administration's seafood methyl-mercury monitoring sampling program. Requires the Secretary, within one year of enactment of this Act, to finalize the Hazard Analysis and Critical Control Point assessment to determine whether methyl-mercury exposure through fish consumption is a public health hazard."}
{"article": "SECTION 1. PRIVATIZATION OF WASTE CLEANUP AND MODERNIZATION ACTIVITIES OF DEFENSE NUCLEAR FACILITIES. (a) Contract Authority.--Notwithstanding any other law, the Secretary of Energy may enter into 1 or more long-term contracts for the procurement, from a facility located within 25 miles of a current or former Department of Energy defense nuclear facility, of products and services that are determined by the Secretary to be necessary to support waste cleanup and modernization activities at such facilities, including the following services and related products: (1) Waste remediation and environmental restoration, including treatment, storage, and disposal. (2) Technical services. (3) Energy production. (4) Utility services. (5) Effluent treatment. (6) General storage. (7) Fabrication and maintenance. (8) Research and testing. (b) Contract Provisions.--A contract under subsection (a)-- (1) shall be for a term of not more than 30 years; (2) shall include options for 2 10-year extensions of the contract; (3) when nuclear or hazardous material is involved, shall include an agreement to-- (A) provide indemnification pursuant to section 170d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)); (B) indemnify, protect, and hold harmless the contractor from and against all liability, including liability for legal costs, relating to any preexisting conditions at any part of the defense nuclear facility managed under the contract; (C) indemnify, protect, and hold harmless the contractor from and against all liability to third parties, including liability for legal costs, relating to claims for personal injury, illness, property damage, and consequential damages; and (D) provide for indemnification of subcontractors as described in subparagraphs (A), (B), and (C); (4) shall permit the contractor (in accordance with Federal law) to obtain a patent for and use for commercial purposes a technology developed by the contractor in the performance of the contract; (5) shall not provide for payment to the contractor of cost plus a percentage of cost or cost plus a fixed fee; and (6) shall include such other terms and conditions as the Secretary of Energy considers appropriate to protect the interests of the United States. (c) Preference for Local Residents.--In entering into contracts under subsection (a), the Secretary of Energy shall give preference, consistent with Federal, State, and local law, to entities that plan to hire, to the maximum extent practicable, residents of the vicinity of the Department of Energy defense nuclear facility concerned and to persons who have previously been employed by the Department of Energy or its private contractor at the facility. (d) Subsequently Enacted Requirements.-- (1) Definition.--In this subsection, the term ``applicable requirement'' means a requirement in an Act of Congress or regulation that applies specifically to activities described in subsection (a). (2) Increased costs.-- (A) In general.--A contractor under a contract under subsection (a) shall be exempt from an applicable requirement that would increase the cost of performing the contract that is-- (i) imposed by regulation by a Federal, State, or local governmental agency after the date on which the contract is entered into unless the regulation is issued under an Act of Congress described in the exception stated in clause (ii); or (ii) imposed by an Act of Congress enacted after the date of enactment of this Act, except an Act of Congress that refers to this paragraph and explicitly states that it is the intent of Congress to subject such a contractor to the requirement. (B) Amendment of contract.--In the case of enactment of an Act of Congress described in the exception stated in subparagraph (A)(ii), the Secretary of Energy and the contractor shall negotiate an amendment to a contract under subsection (a) providing full compensation to the contractor for the increased cost incurred in order to comply with any additional requirement of law. (3) Reduced costs.-- (A) In general.--A contractor under a contract under subsection (a) may elect to be governed by a change in a requirement that would reduce the cost of performing the contract that is-- (i) adopted by regulation by a Federal, State, or local governmental agency after the date on which the contract is entered into, unless the change is made pursuant to an Act of Congress that refers to this paragraph and explicitly states that it is the intent of Congress to continue to subject such a contractor to that requirement, as in effect prior to the date of enactment of that Act of Congress; or (ii) enacted by an Act of Congress enacted after the date of enactment of this Act, except an Act of Congress that refers to this paragraph and explicitly states that it is the intent of Congress to continue to subject such a contractor to that requirement, as in effect prior to the date of enactment of that Act of Congress. (B) Amendment of contract.--In the case of a change in a requirement that is to be applied to a contractor that will reduce the cost of performing the contract, the Secretary of Energy and the contractor shall negotiate an amendment to a contract under subsection (a) providing for a reduction in the amount of compensation to be paid to the contractor commensurate with the amount of any reduction in costs resulting from the change. (e) Payment of Balance of Unamortized Costs.-- (1) Definition.--In this subsection, the term ``special facility'' means land, a depreciable building, structure, or utility, or depreciable machinery, equipment, or material that is not supplied to a contractor by the Department of Energy. (2) Contract term.--A contract under subsection (a) may provide that if the contract is terminated for the convenience of the Government, the Secretary of Energy shall pay the unamortized balance of the cost of any special facility acquired or constructed by the contractor for performance of the contract. (3) Source of funds.--The Secretary of Energy may make a payment under a contract term described in paragraph (2) and pay any other costs assumed by the Secretary as a result of the termination out of any appropriations that are available to the Department of Energy for operating expenses for the fiscal year in which the termination occurs or for any subsequent fiscal year. (f) Lease of Federally Owned Land.-- (1) In general.--Notwithstanding any other provision of law, the Secretary of Energy may lease federally owned land at a current or former Department of Energy defense nuclear facility to a contractor in order to provide for or to facilitate the construction of a facility in connection with a contract under subsection (a). (2) Term.--The term of a lease under this paragraph shall be the lesser of-- (A) the expected useful life of the facility to be constructed; or (B) the term of the contract. (3) Terms and conditions.--A lease under paragraph (1) shall-- (A) require the contractor to pay rent in amounts that the Secretary of Energy considers to be appropriate; and (B) include such other terms and conditions as the Secretary of Energy considers to be appropriate. (g) Nuclear Standards.--The Secretary of Energy shall, whenever practicable, consider applying commercial nuclear standards to a facility used in the performance of a contract under subsection (a). (h) Limitation on Liability.-- (1) Definitions.--In this subsection, the terms ``hazardous substance'', ``pollutant or contaminant'', ``release'', and ``response'' have the meanings stated in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (2) In general.--A contractor under a contract under subsection (a) or a subcontractor of the contractor shall not be liable under Federal, State, or local law for any injury, cost, damage, expense, or other relief on a claim by any person for death, personal injury, illness, loss of or damage to property, or economic loss caused by a release or threatened release of a hazardous substance or pollutant or contaminant during performance of the contract unless the release or threatened release is caused by conduct of the contractor or subcontractor that is negligent or that constitutes intentional misconduct. (3) Repose.--No action (including an action for contribution or indemnity) to recover for damage to real or personal property, economic loss, personal injury, illness, death, or other expense or cost arising out of the performance under this section of a response action under a contract under subsection (a) may be brought against the contractor (or subcontractor of the contractor) under Federal, State, or local law after the date that is 6 years after the date of substantial completion of the response action. SEC. 2. PREFERENCE AND ECONOMIC DIVERSIFICATION FOR COMMUNITIES AND LOCAL RESIDENTS. (a) Definition.--In this section, the term ``qualifying Department of Energy site'' means a site that contains at least 1 current or former Department of Energy defense nuclear facility for which the Secretary of Energy is required by section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h) to develop a plan for restructuring the work force. (b) Preference.--In entering into a contract with a private entity for products to be acquired or services to be performed at a qualifying Department of Energy site, the Secretary of Energy and contractors under the Secretary's supervision shall, to the maximum extent practicable, give preference to an entity that is otherwise qualified and within the competitive range (as determined under section 15.609 of title 48, Code of Federal Regulations, or a successor regulation, as in effect on the date of the determination) that plans to-- (1) provide products and services originating from communities within 25 miles of the site; (2) hire residents living in the vicinity of the site, especially dislocated site workers, to perform the contract; and (3) invest in value-added activities in the vicinity of the site to mitigate adverse economic development impacts resulting from closure or restructuring of the site. (c) Applicability.--Preference shall be given under subsection (b) only with respect to a contract for an environmental management and restoration activity that is entered into after the date of enactment of this Act. (d) Termination.--This section shall expire on September 30, 1999.", "summary": "Authorizes the Secretary of Energy to enter into one or more contracts with facilities located within 25 miles of a current or former Department of Energy (DOE) defense nuclear facility for the procurement of products and services to support waste cleanup and modernization activities at such nuclear facilities. Requires the Secretary to give preference to facilities that plan to hire, to the maximum extent practicable, residents in the vicinity of the defense nuclear facility who are employed or who have previously been employed by DOE or its private contractor at the facility. Prohibits any person from bringing a claim against a contractor or subcontractor for injury, cost, damage, illness, death, damage to property, or economic loss caused by a release of a hazardous contaminant during performance of the contract, unless such release or threatened release is caused by contractor or subcontractor negligence or intentional misconduct. Sets forth a six year statute of limitations for commencement of such actions. Directs the Secretary and contractors under the Secretary's supervision, in entering into a contract or subcontract with a private entity for products to be acquired or services to be performed at a qualifying DOE site, to give preference to an entity (otherwise qualified and within the competitive range) that plans to: (1) provide products and services originating from communities within 25 miles of the site; (2) hire residents living in the site's vicinity to perform the contract (especially dislocated site workers); and (3) invest in value-added activities in the site's vicinity to mitigate adverse economic development impacts resulting from closure or restructuring of the site."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Fraud Prevention and Paperwork Reduction Act of 2000''. SEC. 2. FEDERAL COMMISSION ON BILLING CODES AND FORMS SIMPLIFICATION. (a) Establishment.--There is hereby established the Commission on Billing Codes and Forms Simplification (in this section referred to as the ``Commission''). (b) Duties.--The Commission shall make recommendations regarding the following: (1) Standardized forms.--Standardizing credentialing and billing forms respecting health care claims, that all Federal Government agencies would use and that the private sector is able (and is encouraged, but not required) to use. (2) Reduction in billing codes.--A significant reduction and simplification in the number of billing codes. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of such members as the Comptroller General of the United States shall appoint. (2) Qualifications.--The membership of the Commission shall include individuals who are members of the medical community. (d) Incorporation of MedPAC Provisions.--The provisions of paragraphs (3) through (6) of subsection (c) and subsections (d) through (f) of section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall apply to the Commission in the same manner as they apply to the Medicare Payment Advisory Commission. (e) Reports.--The Commission shall submit to Congress and the President such periodic reports on its recommendations as it deems appropriate. SEC. 3. EDUCATION OF PHYSICIANS AND PROVIDERS CONCERNING MEDICARE PROGRAM PAYMENTS. (a) Written Requests.-- (1) In general.--The Secretary of Health and Human Services shall establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program under title XVIII of the Social Security Act and then the carrier shall respond in writing within 30 business days respond with the correct billing or procedural answer. (2) Use of written statement.-- (A) In general.--Subject to subparagraph (B), a written statement under paragraph (1) may be used as proof against a future audit or overpayment under the medicare program. (B) Limit on application.--Subparagraph (A) shall not apply retroactively and shall not apply to cases of fraudulent billing. (b) Restoration of Toll-Free Hotline.-- (1) In general.--The Administrator of the Health Care Financing Administration shall restore the toll-free telephone hotline so that physicians may call for information and questions about the medicare program. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1). (c) Definitions.--For purposes of this section: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES UNDER THE MEDICARE PROGRAM. (a) In General.--HCFA may not implement any new evaluation and management guidelines (in this section referred to as ``E&M guidelines'') under the medicare program, unless HCFA-- (1) has provided for an assessment of the proposed guidelines by physicians; (2) has established a plan that contains specific goals, including a schedule, for improving participation of physicians; (3) has carried out a minimum of 4 pilot projects consistent with subsection (b) in at least 4 different HCFA regions (to be specified by the Secretary) to test such guidelines; and (4) finds that the objectives described in subsection (c) will be met in the implementation of such guidelines. (b) Pilot Projects.-- (1) Length and consultation.--Each pilot project under this subsection shall-- (A) be of sufficient length to allow for preparatory physician and carrier education, analysis, and use and assessment of potential E&M guidelines; and (B) be conducted, throughout the planning and operational stages of the project, in consultation with national and State medical societies. (2) Peer review and rural pilot projects.--Of the pilot projects conducted under this subsection-- (A) at least one shall focus on a peer review method by physicians which evaluates medical record information for statistical outlier services relative to definitions and guidelines published in the CPT book, instead of an approach using the review of randomly selected medical records using non-clinical personnel; and (B) at least one shall be conducted for services furnished in a rural area. (3) Study of impact.--Each pilot project shall examine the effect of the E&M guidelines on-- (A) different types of physician practices, such as large and small groups; and (B) the costs of compliance, and patient and physician satisfaction. (4) Report on how met objectives.--HCFA shall submit a report to the Committees on Commerce and Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Practicing Physicians Advisory Council, six months after the conclusion of the pilot projects. Such report shall include the extent to which the pilot projects met the objectives specified in subsection (c). (c) Objectives for E&M Guidelines.--The objectives for E&M guidelines specified in this subsection are as follows (relative to the E&M guidelines and review policies in effect as of the date of the enactment of this Act): (1) Enhancing clinically relevant documentation needed to accurately code and assess coding levels accurately. (2) Reducing administrative burdens. (3) Decreasing the level of non-clinically pertinent and burdensome documentation time and content in the record. (4) Increased accuracy by carrier reviewers. (5) Education of both physicians and reviewers. (6) Appropriate use of E&M codes by physicians and their staffs. (7) The extent to which the tested E&M documentation guidelines substantially adhere to the CPT coding rules. (d) Definitions.--For purposes of this section and sections 5 and 6: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) HCFA.--The term ``HCFA'' means the Health Care Financing Administration. (5) Medicare program.--The term ``medicare program'' means the program under title XVIII of the Social Security Act. SEC. 5. OVERPAYMENTS UNDER THE MEDICARE PROGRAM. (a) Individualized Notice.--If a carrier proceeds with a post- payment audit of a physician under the medicare program, the carrier shall provide the physician with an individualized notice of billing problems, such as a personal visit or carrier-to-physician telephone conversation during normal working hours, within 3 months of initiating such audit. The notice should include suggestions to the physician on how the billing problem may be remedied. (b) Repayment of Overpayments Without Penalty.--The Secretary shall permit physicians to repay medicare overpayments within 3 months without penalty or interest and without threat of denial of other claims based upon extrapolation. If a physician should discover an overpayment before a carrier notifies the physician of the error, the physician may reimburse the medicare program without penalty and the Secretary may not audit or target the physician on the basis of such repayment, unless other evidence of fraudulent billing exists. (c) Treatment of First-Time Billing Errors.--If a physician's medicare billing error was a first-time error and the physician has not previously been the subject of a post-payment audit, the carrier may not assess a fine through extrapolation of such an error to other claims, unless the physician has submitted a fraudulent claim. (d) Timely Notice of Problem Claims Before Using Extrapolation.--A carrier may seek reimbursement or penalties against a physician based on extrapolation of a medicare claim only if the carrier has informed the physician of potential problems with the claim within one year after the date the claim was submitted for reimbursement. (e) Submission of Additional Information.--A physician may submit additional information and documentation to dispute a carrier's charges of overpayment without waiving the physician's right to a hearing by an administrative law judge. (f) Limitation on Delay in Payment.--Following a post-payment audit, a carrier that is conducting a pre-payment screen on a physician service under the medicare program may not delay reimbursements for more than one month and as soon as the physician submits a corrected claim, the carrier shall eliminate application of such a pre-payment screen. SEC. 6. ENFORCEMENT PROVISIONS UNDER THE MEDICARE PROGRAM. If a physician is suspected of fraud or wrongdoing in the medicare program, inspectors associated with the Office of Inspector General of the Department of Health and Human Services-- (1) may not enter the physician's private office with a gun or deadly weapon to make an arrest; and (2) may not make such an arrest without a valid warrant of arrest, unless the physician is fleeing or deemed dangerous.", "summary": "Directs the Secretary of Health and Human Services to establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program. Sets forth provisions concerning: (1) policy development regarding evaluation and management guidelines; and (2) medicare overpayments."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``State Innovation Pilot Act of 2011''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to support State, local, and tribal leadership and innovation in preparing all students to meet State-developed college and career ready academic content standards and student academic achievement standards, by establishing a process to permit State, local, and tribal educational leaders to implement alternative and innovative strategies to improve student academic achievement and otherwise meet the purposes of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (2) to direct the Secretary of Education to defer to State, local, and tribal judgments regarding how best to accomplish the purposes of the Elementary and Secondary Education Act of 1965. SEC. 3. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS. Section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Request for waiver.--A State educational agency, local educational agency, or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. ``(2) Receipt of waiver.--Except as provided in subsection (c), the Secretary shall waive any statutory or regulatory requirement of this Act for a State educational agency, local educational agency, Indian tribe, or school (through a local educational agency), that submits a waiver request pursuant to this subsection.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting ``, which shall include a plan'' after ``waiver request to the Secretary''; (ii) in subparagraph (B), by striking ``and how the waiving of those requirements will'' and all that follows through the end, and inserting a semicolon; (iii) by redesignating subparagraph (E) as subparagraph (F); and (iv) by striking subparagraphs (C) and (D), and inserting the following: ``(C) reasonably demonstrates that the waiver will improve instruction for students, advance student academic achievement, and contribute to student mastery of knowledge and skills, consistent with the State's college and career ready academic content standards and student academic achievement standards; ``(D) describes the methods the State educational agency, local educational agency, or Indian tribe will use to-- ``(i) monitor the effectiveness of the implementation of the plan; and ``(ii) assure regular evaluation and continuous improvement of the plan; ``(E) as applicable to the waiver request-- ``(i) describes the State educational agency, local educational agency, or Indian tribe's process for making valid and meaningful accountability determinations, based on student academic achievement, to review the success of schools and local educational agencies or Indian tribes in implementing the State's college and career ready academic content standards and student academic achievement standards; ``(ii) describes the State educational agency, local educational agency, or Indian tribe's process for accurately and meaningfully identifying, supporting, and intervening in underperforming schools, consistent with applicable State or local policy; and ``(iii) includes information on how the State educational agency, local educational agency, or Indian tribe will maintain and improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of students according to the student subgroups described in subclauses (I) through (IV) of section 1111(b)(2)(B)(viii); and''; (B) in paragraph (2)(B)(i)(II), by striking ``(on behalf of, and based on the requests of, local educational agencies)'' and inserting ``(on their own behalf, or on behalf of, and based on the requests of, local educational agencies in the State)''; (C) in paragraph (3)(A), in the matter preceding clause (i), by inserting ``or on behalf of local educational agencies in the State,'' after ``acting on its own behalf,''; and (D) by adding at the end the following: ``(4) Peer review.-- ``(A) Peer review team.-- ``(i) In general.--The Secretary shall establish multi-disciplinary peer review teams and appoint members to such teams, including persons who have experience with a State educational agency (or local educational agency or Indian tribe, as appropriate) and broader education reform experience, to review waiver requests under this section if-- ``(I) the Secretary requests such input in order to approve a waiver request; or ``(II) the Secretary intends to disapprove a request. ``(ii) Team in place for all waiver requests.--The Secretary may, at the Secretary's discretion, have a peer review team review all waiver requests submitted under this section. ``(B) Applicability.--The Secretary may approve a waiver request under this section without conducting a peer review of the request, but shall use the peer review process under this paragraph before disapproving such a request. ``(C) Purpose of peer review.--The peer review process shall be designed to-- ``(i) promote effective implementation of State-developed college and career ready academic content standards and student academic achievement standards, through State and local innovation; and ``(ii) provide transparent feedback to State educational agencies, local educational agencies, or Indian tribes, designed to strengthen the applicant's plan described under paragraph (1)(C). ``(D) Standard and nature of review.--Peer reviewers shall conduct a good faith review of waiver requests submitted to them under this section. Peer reviewers shall review such waiver requests-- ``(i) in their totality; ``(ii) in deference to State and local judgment; and ``(iii) with the goal of promoting State- and local-led innovation. ``(5) Waiver determination, demonstration, and revision.-- ``(A) In general.--The Secretary shall approve a waiver request not more than 90 days after the date on which such request is submitted, unless the Secretary determines and demonstrates that-- ``(i) the waiver request does not meet the requirements of this section; ``(ii) the waiver is not permitted under subsection (c); ``(iii) the plan that is required under paragraph (1)(C), and reviewed with deference to State and local judgment, provides no reasonable basis to determine that a waiver will enhance student academic achievement; or ``(iv) the waiver request does not provide for adequate evaluation to ensure review and continuous improvement of the plan, consistent with paragraph (1)(D). ``(B) Waiver determination and revision.--If the Secretary determines and demonstrates that the waiver request does not meet the requirements of this section, the Secretary shall-- ``(i) immediately-- ``(I) notify the State educational agency, local educational agency, or Indian tribe of such determination; and ``(II) at the request of the State educational agency, local educational agency, or Indian tribe, provide detailed reasons for such determination in writing; ``(ii) offer the State educational agency, local educational agency, or Indian tribe an opportunity to revise and resubmit the waiver request not more than 60 days after the date of such determination; and ``(iii) if the Secretary determines that the resubmission does not meet the requirements of this section, at the request of the State educational agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. ``(C) Waiver disapproval.--The Secretary may disapprove a waiver request if-- ``(i) the State educational agency, local educational agency, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and ``(ii) the State educational agency, local educational agency, or Indian tribe-- ``(I) does not revise and resubmit the waiver request; or ``(II) revises and resubmits the waiver request, and the Secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii). ``(D) External conditions.--The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request.''; (3) in subsection (d)-- (A) in the heading, by adding ``; Limitations'' after ``Duration and Extension of Waiver''; and (B) by adding at the end the following: ``(3) Specific limitations.--The Secretary shall not require a State educational agency, local educational agency, or Indian tribe, as a condition of approval of a waiver request, to-- ``(A) include in, or delete from, such request, specific academic content standards or academic achievement standards; ``(B) use specific academic assessment instruments or items; or ``(C) include in, or delete from, such waiver request any criterion that specifies, defines, or prescribes the standards or measures that a State or local educational agency uses to establish, implement, or improve-- ``(i) State academic content standards or academic achievement standards; ``(ii) assessments; ``(iii) State accountability systems; ``(iv) systems that measure student growth; ``(v) measures of other academic indicators; or ``(vi) teacher and principal evaluation systems.''; (4) in subsection (e)-- (A) in paragraph (1)-- (i) by striking the heading and inserting ``Waiver reports''; (ii) in the matter preceding subparagraph (A)-- (I) by striking ``local educational agency that receives'' and inserting ``State educational agency, local educational agency, or Indian tribe that receives''; and (II) by striking ``submit a report to the State educational agency that'' and inserting ``submit a report to the Secretary that''; (B) by striking paragraphs (2) and (3); (C) by redesignating paragraph (4) as paragraph (2); and (D) in paragraph (2), (as redesignated by subparagraph (C)), by striking ``Beginning in fiscal year 2002 and for each subsequent year, the Secretary shall submit to the Committee'' and inserting ``The Secretary shall annually submit to the Committee''; and (5) in subsection (f), by inserting ``and the recipient of the waiver has failed to make revisions needed to carry out the purpose of the waiver,'' after ``has been inadequate to justify a continuation of the waiver''.", "summary": "State Innovation Pilot Act of 2011 - Amends part D (Waivers) of title IX (General Provisions) of the Elementary and Secondary Education Act of 1965 to revise the process by which states, LEAs, and Indian tribes obtain waivers of the Act's statutory and regulatory requirements. Requires waiver requests by states, LEAs, or Indian tribes to include a plan that describes how: (1) the waiver will improve instruction and student achievement in accordance with the state's college and career ready academic content and achievement standards; (2) the plan will be evaluated regularly and improved continuously; (3) they will review implementation of the college and career readiness standards; (4) they will identify, support, and intervene in underperforming schools; and (5) they will maintain and improve transparency in reporting to parents and the public on student achievement and school performance. Requires the Secretary of Education to approve requests that meet such requirements and do not involve certain specified statutory or regulatory requirements. Directs the Secretary to establish a multidisciplinary peer review team to review a waiver request if the Secretary requests their input or intends to disapprove the request. Requires peer reviewers to review waiver requests in their totality, in deference to state and local judgment, and with the goal of promoting state and local innovation. Gives the Secretary a limited amount of time to decide on a waiver request. Gives requesters opportunities to revise their requests. Prohibits the Secretary from imposing conditions on a waiver that require the state, LEA, or Indian tribe to adopt or drop specific standards or assessment systems."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) any individual convicted of murder should receive the death penalty or be imprisoned for life without the possibility of parole; and (2) any individual convicted of rape or a dangerous sexual offense involving a child under the age of 14 should be imprisoned for life without the possibility of parole. SEC. 3. PENALTY FOR STATES THAT RELEASE CERTAIN FELONS. (a) Penalty.-- (1) In general.--In a case in which a State convicts a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in another State, the Attorney General shall administer the transfer of the following amounts from Federal law enforcement assistance funds of the State that convicted such person of the first offense: (A) Up to $100,000 shall be transferred to each victim (or if the victim is deceased, the victim's estate) of the subsequent offense. (B) The cost of incarceration, prosecution, and apprehension of such person shall be transferred to the State that convicted of a subsequent offense. Half of the amounts transferred shall be paid to the State entity designated to administer crime victim assistance, and half shall be deposited in a State account that collects Federal law enforcement funds. (2) Multiple states.--In a case in which a State convicts a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in more than one State, the Attorney General shall administer the transfer of the following amounts from Federal law enforcement assistance funds of each State that convicted of a prior offense: (A) Up to $100,000 shall be apportioned equally among the States that convicted of prior offenses and transferred to each victim (or if the victim is deceased, the victim's estate) of the subsequent offense. (B) The cost of incarceration, prosecution, and apprehension of such person shall be apportioned equally among the States that convicted of prior offenses and transferred to the State that convicted of a subsequent offense. Half of the amounts transferred shall be paid to the State entity designated to administer crime victim assistance, and half shall be deposited in a State account that collects Federal law enforcement funds. (b) State Applications.--To receive funds under this section, the chief executive of a State shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require, including a certification that the State has convicted a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in another State. (c) Source of Funds.--Any amount transferred as a result of subsection (a) shall be derived by reducing funds from Federal law enforcement assistance programs received by the State that convicted of the first offense. The Attorney General, in consultation with the chief executive of the State that convicted of the first offense, shall develop a payment schedule. (d) Construction.--This section shall not be construed to diminish or modify any court ordered restitution. SEC. 4. UNITED STATES SENTENCING COMMISSION. The United States Sentencing Commission shall amend the Federal Sentencing Guidelines to provide that-- (1) whoever is guilty of murder, as defined in section 6 of this Act, shall be punished by death or by imprisonment for life; and (2) whoever is guilty of rape or a dangerous sexual offense, as defined in section 6 of this Act, shall be punished by imprisonment for life. SEC. 5. COLLECTION OF RECIDIVISM DATA. Pursuant to guidelines established in the Uniform Federal Crime Reporting Act of 1988 (Public Law 100-690), the Attorney General shall collect and distribute data to the President, Members of the Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program which includes-- (1) the number of murders, rapes, and dangerous sexual offenses committed by persons previously convicted of one of these offenses; and (2) the percentage of cases in which a person convicted of murder, rape, or a dangerous sexual offense in one State commits a second offense in another State. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) Murder.--The term ``murder'' means the unlawful killing of a human being with malice aforethought, and includes murder-- (A) perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; (B) committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, burglary, or robbery; or (C) perpetrated from a premeditated design unlawfully and maliciously to effect the death of any individual other than the individual who is killed. (2) Rape.--The term ``rape'' includes the carnal knowledge of an individual forcibly and against the will of such individual. (3) Dangerous sexual offense.--The term ``dangerous sexual offense'' means sexual abuse or sexually explicit conduct committed by an individual who is over the age of 18 against a child under the age of 14. (4) Sexual abuse.--The term ``sexual abuse'' includes the employment, use, persuasion, inducement, enticement, or coercion of a child under the age of 14 to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children. (5) Sexually explicit conduct.--The term ``sexually explicit conduct'' means actual or simulated-- (A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal- genital, or oral-anal contact, whether between persons of the same or of opposite sex; (B) bestiality; (C) masturbation; (D) lascivious exhibition of the genitals or pubic area of a person or animal; or (E) sadistic or masochistic abuse. (6) Sexual contact.--The term ``sexual contact'' means the intentional touching, either directly or though clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person.", "summary": "No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998 - Expresses the sense of the Congress that any individual convicted of: (1) murder should receive the death penalty or be imprisoned for life without the possibility of parole; and (2) rape or a dangerous sexual offense involving a child under age 14 should be imprisoned for life without the possibility of parole. Requires the Attorney General to transfer the following amounts from Federal law enforcement assistance funds for a State that convicted a person of a first offense of murder, rape, or a dangerous sexual offense to a State that convicts that person for a subsequent such offense: (1) up to $100,000 for transfer to each victim of the subsequent offense; and (2) the cost of incarceration, prosecution, and apprehension of such person. Sets forth provisions regarding situations where a person has a prior conviction in more than one State. Requires the United States Sentencing Commission to amend the Federal sentencing guidelines to provide that whoever is guilty of: (1) murder shall be punished by death or by life imprisonment; and (2) rape or a dangerous sexual offense shall be punished by life imprisonment. Directs the Attorney General to collect and distribute data to the President, Members of Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program which includes: (1) the number of murders, rapes, and dangerous sexual offenses committed by persons previously convicted of one of these offenses; and (2) the percentage of cases in which a person convicted of murder, rape, or a dangerous sexual offense in one State commits a second offense in another State."}
{"article": "SECTION 1. EXCLUSION FROM ESTATE TAX FOR HISTORIC PROPERTY SUBJECT TO PRESERVATION EASEMENT. (a) In General.--Part IV of subchapter A of chapter 11 of the Internal Revenue of 1986 (relating to taxable estate) is amended by adding at the end the following new section: ``SEC. 2057. QUALIFIED HISTORIC PROPERTY. ``(a) General Rule.--For purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of any qualified historic property included in the gross estate. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified historic property.-- ``(A) In general.--The term `qualified historic property' means any historic property if-- ``(i) on or before the date on which the return of the tax imposed by section 2001 is filed, a qualified real property interest described in section 170(h)(2)(C) in such property is held by a qualified organization for the purpose described in section 170(h)(4)(A)(iv), and ``(ii) such property is covered by an agreement meeting the requirements of subsection (c) which is entered into on or before such date. ``(B) Treatment of personal property.--Such term includes personal property included within, or associated with, qualified historic property (as defined in paragraph (1)) if such personal property-- ``(i) is held by the decedent holding such qualified historic property, ``(ii) has been so included within, or associated with, such qualified historic property throughout the 10-year period ending on the date of the decedent's death, and ``(iii) is covered by the agreement referred to in subparagraph (A)(ii) which covers such qualified historic property. ``(2) Historic property.--The term `historic property' means-- ``(A) any building (and its structural components)-- ``(i) which is designated as a National Historic Landmark under section 101 of the National Historic Preservation Act throughout the 10-year period ending on the date of the decedent's death, ``(ii) which was owned by the decedent or a member of the decedent's family (as defined in section 2032A(e)(2)) throughout such 10-year period, and ``(iii) which was originally used for residential purposes, and ``(B) any other real property to the extent reasonably necessary for public view and visitation of the property described in subparagraph (A). ``(3) Qualified organization.--The term `qualified organization' has the meaning given to such term by section 170(h)(3). ``(4) Treatment of qualified historic property held by a corporation.--In the case of a corporation all of the stock in which was held on the date of the decedent's death by the decedent or members of the decedent's family (as defined in section 2032A(e)(2))-- ``(A) stock in such corporation shall be treated for purposes of this section as qualified historic property to the extent that the value of such stock is attributable to qualified historic property held by such corporation, but ``(B) the requirements of subsection (c) shall be met only if each member of the decedent's family holding such stock on such date sign the agreement referred to in subsection (c). ``(c) Requirements for Agreement.-- ``(1) In general.--For purposes of subsection (b)(1)(A)(ii), an agreement meets the requirements of this subsection if-- ``(A) such agreement is a written agreement signed by each person in being who has an interest (whether or not in possession) in the historic property (other than the qualified organization), ``(B) such agreement is entered into with a State historic preservation agency (or similar State agency) and filed with the Secretary with the return of the tax imposed by section 2001, ``(C) such agreement provides that the only activities carried on at the historic property are activities which are substantially related (aside from the need for income or funds or the use made of the profits derived) to-- ``(i) the public view and visitation of such property and the property described in the last sentence of subsection (b)(1) with respect to such property), and ``(ii) the maintenance and preservation of such property and surrounding areas for such public view and visitation, ``(D) such agreement provides that the historic property will be open to the public for a period of at least 20 years beginning on the date on which the return of the tax imposed by section 2001 is filed, and ``(E) such agreement provides that any admission fees (if any) shall bear a reasonable relationship to admission fees for other comparable tourist sites and shall be approved by such State historic preservation agency (or similar State agency). ``(2) Treatment of food, lodging, and meeting facilities provided to general public.--The regular carrying on-- ``(A) a trade or business of providing lodging shall be treated as not substantially related for purposes of paragraph (1)(C), ``(B) a trade or business of providing food shall be treated as not substantially related for purposes of paragraph (1)(C) unless-- ``(i) such food is only provided to individuals who pay the generally applicable admission fees (if any) for admission to the property by individuals to whom no food is provided, and ``(ii) only an insubstantial portion of the structures on the historic property is devoted to the provision of such food, and ``(C) a trade or business of providing facilities for meetings or events shall be treated as not substantially related for purposes of paragraph (1)(C) unless all of the net proceeds from such trade or business are used for maintenance or preservation of the historic property. ``(3) Open to the public.--For the purposes of paragraph (1)(D), the 20-year period referred to in such paragraph shall be suspended during reasonable periods of renovation. ``(d) Tax Treatment of Dispositions and Failure To Comply With Agreement.-- ``(1) Imposition of additional estate tax.--If, during the 20-year period referred to in subsection (c)(1)(D)-- ``(A) any person signing the written agreement referred to in subsection (c) disposes of any interest in the qualified historic property, or ``(B) there is a violation of any provision of such agreement (as determined under regulations prescribed by the Secretary), then there is hereby imposed an additional estate tax. ``(2) Exception for certain transferees who agree to be bound by agreement.--No tax shall be imposed under paragraph (1) by reason of any disposition if the person acquiring the property-- ``(A) is a qualified organization or is a member of the family (as defined in section 2032A(e)(2)) of the person disposing of such property, and ``(B) agrees to be bound by the agreement referred to in subsection (b)(4) and to be liable for any tax under this subsection in the same manner as the person disposing of such property. ``(3) Amount of additional tax.-- ``(A) In general.--The amount of the additional tax imposed by paragraph (1) with respect to any property shall be an amount equal to the applicable percentage of the excess of-- ``(i) what would (but for subsection (a)) have been the tax imposed by section 2001 (reduced by the credits allowable), over ``(ii) the tax imposed by section 2001 (as so reduced). ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage is the percentage determined in accordance with the following table for the year (of 20-year period referred to in subsection (c)(1)(D)) in which the event described in paragraph (1) occurs: ``If the event The applicable occurs during: percentage is: The 1st 12 years of such 20-year 100 percent period. The 13th or 14th year of such period. 80 percent The 15th or 16th year of such period. 60 percent The 17th or 18th year of such period. 40 percent The 19th or 20th year of such period. 20 percent. ``(4) Due date.--The additional tax imposed by this subsection shall be due and payable on the day which is 6 months after the date of the disposition or violation referred to in paragraph (1). ``(5) Liability for tax.--Any person signing the agreement referred to in subsection (c) (other than the executor) shall be personally liable for the additional tax imposed by this subsection. If more than 1 person is liable under this subsection, all such persons shall be jointly and severally liable. ``(6) Certain other rules to apply.--Rules similar to the rules of sections 1016(c), 2013(f), and 2032A(f) shall apply for purposes of this subsection. ``(e) Other Special Rules.-- ``(1) Coordination with deduction for transfer of easement.--Section 2055(f) shall not apply to any interest referred to therein with respect to property for which a deduction is allowed under subsection (a). ``(2) Denial of deduction of indebtedness on excluded property.--No deduction shall be allowed under section 2053 for indebtedness in respect of property the value of which is deducted under subsection (a). ``(3) Submission of annual inventories of personal property.--The Secretary shall require the submission to the Secretary of such inventories of personal property which is qualified historic property as the Secretary determines are necessary for purposes of this section.'' (b) Technical Amendments.-- (1) Subsection (a) of section 1014 of such Code is amended by striking the period at the end of paragraph (3) and inserting ``, or'' and by adding after paragraph (3) the following new paragraph: ``(4) in the case of property the value of which was deducted under section 2057(a), the adjusted basis of such property in the hands of the decedent immediately before the death of the decedent.'' (2) Subparagraph (A) of section 2056A(b)(10) of such Code is amended by inserting ``2057,'' after ``2056,''. (3) The table of sections for part IV of subchapter A of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2057. Qualified historic property.'' (c) Effective Date.--The amendments made by this section shall apply with respect to the estates of decedents dying after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to provide that for purposes of determining estate tax the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of any qualified historic property. Defines qualified historic property. Requires, among other things, that the historic property will be open to the public for a period of at least 20 years and will have reasonable admission fees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Contributions Legally Interdicted from Noncitizens To Our Nonprofits Act of 2016'' or as the ``CLINTON Act of 2016''. SEC. 2. CERTAIN CHARITABLE ORGANIZATIONS PROHIBITED FOR ACCEPTING CONTRIBUTIONS FROM PERSONS CONNECTED TO FOREIGN GOVERNMENTS. (a) In General.--Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(s) Prohibition on Acceptance of Contributions From Persons Connected to Foreign Governments by 501(c)(3) Organizations Established by Certain Federal Officials.-- ``(1) Termination of tax-exempt status.--A Federal official organization shall not be treated as described in subsection (c)(3) with respect to any period after the date on which such organization knowingly or willingly accepts or solicits any contribution from any person connected to a foreign government. If a Federal official organization accepts a contribution from any person and learns that such person is connected to a foreign government after such acceptance, such organization shall not be treated for purposes of this subsection as knowingly or willingly accepting such contribution from such person if such contribution is returned to such person not later than the date which is 30 days after the date on which the organization so learns the status of such person. ``(2) Forfeiture of prohibited contributions.--There is hereby imposed a tax on any Federal official organization which knowingly or willingly accepts any contribution from any person connected to any foreign government in an amount equal to the amount of such contribution. ``(3) Federal official organization.--For purposes of this subsection, the term `Federal official organization' means any organization described in subsection (c)(3) (or which would be so described without regard to paragraph (1)) if one or more Federal officials established, control, or actively participate in the management of, such organization. For purposes of the preceding sentence, service in a merely honorary capacity shall note be treated as control or active participation in management. ``(4) Federal official.--For purposes of this subsection, the term `Federal official' means any individual who-- ``(A) at any time prior the date of the contribution referred to in paragraph (1) or (2), is serving or has served as President or Vice-President, or ``(B) at any time during the 20-year period ending on the date of the contribution referred to in paragraph (1) or (2), holds or has held any of the following positions in the Federal government: ``(i) Any Member of Congress (including any Delegate and Resident Commissioner). ``(ii) Any officer or employee appointed by the President, Vice-President, or any agency head and subject to confirmation by the Senate. ``(iii) Any of the following positions which are held at the pleasure of the President: ``(I) Assistant to the President. ``(II) Chief of staff. ``(III) National security advisor. ``(IV) Deputy chief of staff. ``(iv) Any Federal judge, without regard to the article of the Constitution pursuant to which appointed. ``(5) Persons connected to foreign government.--For purposes of this subsection, the term `person connected to a foreign government' means the following: ``(A) Any department, agency, or instrumentality of a foreign government. ``(B) Any public international organization (as defined in section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2)). ``(C) Any officer or employee of any entity described in subparagraph (A) or (B). ``(D) Any individual who was described in subparagraph (C) at any time during the 20-year period ending on the date on which the contribution from such individual is accepted or solicited. ``(E) Any person acting in an official capacity for or on behalf of any entity described in subparagraph (A) or (B). ``(F) Any person belonging to a ruling or royal family by virtue of sanguinity or marriage. ``(G) Any person related within four degrees of consanguinity to a person described in subparagraph (E) or (F).''. (b) Effective Date.--The amendment made by this section shall apply to contributions made after the date of the enactment of this Act in taxable years ending after such date.", "summary": "Contributions Legally Interdicted from Noncitizens To Our Nonprofits Act of 2016 or the CLINTON Act of 2016 This bill amends the Internal Revenue Code to prohibit a federal official organization from being treated as a tax-exempt organization under section 501(c)(3) for any period after the date on which the organization knowingly or willingly accepts or solicits any contribution from any person connected to a foreign government. A tax-exempt organization is a "federal official organization" if one or more current or former specified federal officials established, control, or actively participate in the management of the organization. If the organization accepts a contribution from any person and learns that that the person is connected to a foreign government after the acceptance, it will not be treated as knowingly or willingly accepting the contribution if the contribution is returned within 30 days of learning of the status of the person. The bill imposes a tax on any federal official organization that knowingly or willingly accepts any contribution from any person connected to any foreign government in an amount equal to the amount of the contribution."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reduce Expenditures in Nuclear Infrastructure Now Act'' or the ``REIN-IN Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Berlin Wall fell in 1989, the Soviet Union no longer exists, and the Cold War is over. The nature of threats to the national security and military interests of the United States has changed. However, the United States continues to maintain an enormous arsenal of nuclear weapons and delivery systems that were devised with the Cold War in mind. (2) The current nuclear arsenal of the United States includes approximately 5,000 total nuclear warheads, of which approximately 2,000 are deployed with three delivery components: long-range strategic bomber aircraft, land-based intercontinental ballistic missiles, and submarine-launched ballistic missiles. The bomber fleet of the United States comprises 93 B-52 and 20 B-2 aircraft. The United States maintains 450 intercontinental ballistic missiles. The United States also maintains 14 Ohio-class submarines, up to 12 of which are deployed at sea. Each of those submarines is armed with up to 96 independently targetable nuclear warheads. (3) This Cold War-based approach to nuclear security comes at significant cost. Over the next 10 years, the United States will spend hundreds of billions of dollars maintaining and upgrading its nuclear force, according to the Congressional Budget Office. A substantial decrease in spending on the nuclear arsenal of the United States is prudent for both the budget and national security. (4) The national security interests of the United States can be well served by reducing the total number of deployed nuclear warheads and their delivery systems, as stated by the Department of Defense's June 2013 nuclear policy guidance entitled, ``Report on Nuclear Employment Strategy of the United States''. This guidance found that force levels under the Treaty on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011, between the United States and the Russian Federation (commonly known as the ``New START Treaty'') ``are more than adequate for what the United States needs to fulfill its national security objectives'' and that the force can be reduced by up to \\1/3\\ below levels under the New START Treaty to 1,000 to 1,100 warheads. (5) Even without additional reductions in deployed strategic warheads, the United States can save tens of billions of dollars by deploying those warheads more efficiently on delivery systems and by deferring production of new delivery systems until they are needed. (6) Economic security and national security are linked and both will be well served by smart defense spending. Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on June 24, 2010, ``Our national debt is our biggest national security threat'' and on August 2, 2011, stated, ``I haven't changed my view that the continually increasing debt is the biggest threat we have to our national security.''. (7) The Government Accountability Office has found that there is significant waste in the construction of the nuclear facilities of the National Nuclear Security Administration of the Department of Energy. SEC. 3. REDUCTION IN NUCLEAR FORCES. (a) Prohibition on New Long-Range Penetrating Bomber Aircraft.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a long-range penetrating bomber aircraft. (b) Prohibition on F-35 Nuclear Mission.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be used to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (c) Reduction in the B61 Life Extension Program.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended until the Secretary of Defense and the Secretary of Energy jointly certify to Congress that the total cost of the B61 life extension program has been reduced to not more than $5,000,000,000. (d) Termination of W78 Life Extension Program.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the W78 life extension program. (e) Reduction of Nuclear-Armed Submarines.--Notwithstanding any other provision of law, beginning in fiscal year 2020, the forces of the Navy shall include not more than eight ballistic-missile submarines available for deployment. (f) Limitation on SSBN-X Submarines.--Notwithstanding any other provision of law-- (1) none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the procurement of an SSBN-X submarine; and (2) none of the funds authorized to be appropriated or otherwise made available for fiscal year 2024 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the procurement of more than eight such submarines. (g) Reduction of Submarine-Launched Ballistic Missiles.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 250 submarine- launched ballistic missiles. (h) Prohibition on New Intercontinental Ballistic Missile.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a new intercontinental ballistic missile. (i) Reduction of Intercontinental Ballistic Missiles on High Alert Status.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 150 intercontinental ballistic missiles on a 24-hour, high alert status. (j) Termination of Mixed Oxide Fuel Fabrication Facility Project.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Mixed Oxide Fuel Fabrication Facility project. (k) Termination of Chemistry and Metallurgy Research Building Replacement Project.--Notwithstanding section 4215 of the Atomic Energy Defense Act (50 U.S.C. 2535) or any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended to replace the Chemistry and Metallurgy Research Building at Los Alamos National Laboratory, Los Alamos, New Mexico. (l) Termination of Uranium Processing Facility.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Uranium Processing Facility located at the Y-12 National Security Complex, Oak Ridge, Tennessee. (m) Termination of Medium Extended Air Defense System.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the medium extended air defense system. SEC. 4. REPORTS REQUIRED. (a) Initial Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3. (b) Annual Report.--Not later than March 1, 2015, and annually thereafter, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3, including any updates to previously submitted reports. (c) Annual Nuclear Weapons Accounting.--Not later than September 30, 2015, and annually thereafter, the President shall transmit to the appropriate committees of Congress a report containing a comprehensive accounting by the Director of the Office of Management and Budget of the amounts obligated and expended by the Federal Government for each nuclear weapon and related nuclear program during-- (1) the fiscal year covered by the report; and (2) the life cycle of such weapon or program. (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.", "summary": "Reduce Expenditures in Nuclear Infrastructure Now Act or the REIN-IN Act - Prohibits the obligation or expenditure of funds authorized to be appropriated to the Department of Defense (DOD) for FY2014-FY2023: (1) for the research, development, test, and evaluation (RDT&E) or procurement of a long-range penetrating bomber aircraft; (2) to procure an SSBN-X submarine (and prohibits the use of such funds for FY2024 and thereafter to procure more than eight such submarines); or (3) for the RDT&E or procurement of a new intercontinental ballistic missile (ICBM). Prohibits the obligation or expenditure of funds authorized to be appropriated for FY2014 or thereafter for DOD or the Department of Energy (DOE): (1) to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons; (2) until the Secretary of Defense and the Secretary of Energy jointly certify that the total cost of the B61 life extension program has been reduced to not more than $5 billion; (3) for the W78 life extension program; (4) for the mixed oxide fuel fabrication facility project; (5) to replace the chemistry and metallurgy research building at Los Alamos National Laboratory, Los Alamos, New Mexico; or (6) for the uranium processing facility at the Y-12 National Security Complex, Oak Ridge, Tennessee. Prohibits Navy forces, beginning in FY2020, from including more than eight operational ballistic-missile submarines available for deployment. Prohibits the use of DOD funds for FY2014 or thereafter: (1) to maintain more than 250 submarine-launched ballistic missiles; (2) to maintain more than 150 intercontiental ballistic missiles (ICBMs) on a 24-hour, high alert status; or (3) for the medium extended air defense system. Requires initial and annual reports from the Secretaries of Defense and Energy outlining their respective plans to carry out the requirements of this Act. Directs the President to submit to Congress an annual report containing a comprehensive accounting by the Director of the Office of Management and Budget (OMB) of the amounts obligated or expended by the federal government for each nuclear weapon and related nuclear program during the fiscal year covered by the report for the life cycle of such weapon or program."}
{"article": "SECTION 1. DENIAL OF CERTAIN TAX BENEFITS. (a) General Rule.--Section 527 of the Internal Revenue Code of 1986 (relating to political organizations) is amended by adding at the end thereof the following new subsection: ``(i) Special Rules for Certain Campaign Committees.-- ``(1) In general.--In the case of any political organization to which this subsection applies for any taxable year-- ``(A) all excess campaign contributions received by such organization during such taxable year shall be included in gross income and the exemptions provided by subsection (c)(1) for exempt function income shall not apply to such contributions, and ``(B) the provisions of subsection (h) shall not apply to such organization for such taxable year. ``(2) Organizations to which subsection applies.--This subsection shall apply to any political organization for any taxable year if-- ``(A) such organization is a campaign committee of a candidate for election as a Member of the House of Representatives or as a Delegate or Resident Commissioner to the House of Representatives, and ``(B) the contribution limitations of paragraph (3) are not satisfied by such candidate-- ``(i) in the case of the first taxable year beginning in an election cycle, for the portion of such election cycle ending with the close of the taxable year, or ``(ii) in the case of the taxable year in which such election cycle ends, for the entire election cycle. ``(3) Contribution limitations.--The contribution limitations of this paragraph are satisfied by any candidate for any election cycle (or portion thereof) if-- ``(A) the sum of the following amounts does not exceed $600,000: ``(i) the amount of cash and the fair market value of other property held by campaign committees of such candidate as of the beginning of such election cycle, plus ``(ii) the aggregate amount of political contributions accepted by such candidate or by such candidate's campaign committees during such election cycle (or portion thereof), and ``(B) the aggregate amount of political contributions from multicandidate political committees accepted by such candidate or by such candidate's campaign committees during such election cycle (or portion thereof) does not exceed $300,000. ``(4) Excess campaign contributions.-- ``(A) In general.--For purposes of this subsection, the term `excess campaign contributions' means the amount of contributions received by the political organization during the taxable year to the extent such contributions exceed the amount permitted under the contribution limitations of paragraph (3). ``(B) Special rule.--For purposes of this subtitle, contributions received during the portion of any election cycle before the first taxable year beginning in such cycle shall be treated as received in such first taxable year. ``(5) Election cycle.--For purposes of this subsection, the term `election cycle' means the period beginning with the day after the date of a general election for the House of Representatives and ending with the date of the next general election for the House of Representatives. ``(6) Multicandidate political committee.--The term `multicandidate political committee' has the meaning given such term by section 315(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4)).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 2. DENIAL OF LOWEST UNIT CHARGE FOR CAMPAIGN ADS. Section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)) is amended by adding at the end the following new sentence: ``The limitations on charges contained in this subsection shall not apply in the case of a candidate for election as a Member of, or Delegate or Resident Commissioner to, the United States House of Representatives unless such candidate certifies, at the time of entering into a contract for the use of such broadcasting station, that such candidate has not obtained any excess campaign contributions for the current election cycle, as determined under section 527(i)(4) of the Internal Revenue Code of 1986.''. SEC. 3. REDUCED THIRD-CLASS MAILING RATES. (a) In General.--Section 3626(e) of title 39, United States Code, is amended-- (1) in paragraph (2)(A)-- (A) by striking ``and the National'' and inserting ``the National''; and (B) by striking ``Committee;'' and inserting ``Committee, and, subject to paragraph (3), a campaign committee of a candidate for the House of Representatives;''; (2) in paragraph (2)(B), by striking ``and'' after the semicolon; (3) in paragraph (2)(C), by striking the period and inserting ``; and''; (4) by adding after paragraph (2)(C) the following: ``(D) the term `candidate for the House of Representatives' means a candidate for election as a Member of, or Delegate or Resident Commissioner to, the House of Representatives.''; and (5) by adding after paragraph (2) the following: ``(3) The rates under this subsection shall not be available to a campaign committee of a candidate for the House of Representatives unless such committee certifies, at such time and in such manner as the Postal Service by regulation requires, that such candidate has not obtained any excess campaign contributions for the current election cycle, as determined under section 527(i)(4) of the Internal Revenue Code of 1986.''. (b) Sense of the Congress.--It is the sense of the Congress that any additional costs incurred by the United Postal Service in connection with providing reduced rates of postage pursuant to the amendments made by subsection (a) should be funded out of any revenues attributable to the amendment made by section 1.", "summary": "Amends the Internal Revenue Code with respect to political organizations to establish a campaign contribution limitation scheme applicable to the campaign committee of a candidate for election to the House of Representatives. Provides that excess campaign contributions received by such an organization shall be included in its gross income. Amends the Communications Act of 1934 and Federal postal service law to condition the lowest unit charge for campaign ads upon a candidate's certification of compliance with such contribution limitation. Expresses the sense of the Congress that additional costs incurred by the United Postal Service in providing reduced rates of postage pursuant to this Act should be funded out of revenues attributable to this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clinical Laboratory Compliance Improvement Act of 2004''. SEC. 2. PROTECTION OF EMPLOYEES OF PROVIDERS AND SUPPLIERS OF CLINICAL DIAGNOSTIC LABORATORY TESTS WHO REPORT VIOLATIONS. (a) In General.--Section 1846 of the Social Security Act (42 U.S.C. 1395w-2) is amended by adding at the end the following new subsection: ``(c)(1)(A) Each provider or clinical laboratory approved for participation under this title to provide clinical diagnostic laboratory tests shall post in a conspicuous place a notice to employees that indicates the manner in which to report instances of noncompliance with conditions of participation under this title of the provider or laboratory (as the case may be), including deficiencies with respect to testing, quality, and inadequately trained personnel. ``(B)(i) A notice under subparagraph (A) shall include-- ``(I) the name and contact information of the appropriate entity, accreditation organization, or State or Federal agency to report instances of noncompliance; and ``(II) a description of the rights and protections under this section of individuals who report instances of noncompliance. ``(ii) The Secretary shall specify the form of the notice. ``(2)(A) A provider or clinical laboratory approved for participation under this title to provide clinical diagnostic laboratory tests shall not discriminate or retaliate in any manner against any employee of the provider or laboratory (as the case may be) because that employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to the clinical diagnostic laboratory tests performed by the provider or laboratory (as the case may be) or other requirements and prohibitions of this title. ``(B) An employee of a provider or clinical laboratory approved for participation under this title to provide clinical diagnostic laboratory tests who has been discriminated or retaliated against in employment in violation of this subsection may initiate judicial action in a United States District Court and shall be entitled to reinstatement, reimbursement for lost wages and work benefits caused by the unlawful acts of the employing provider or laboratory (as the case may be). Prevailing employees are entitled to reasonable attorney's fees and costs associated with pursuing the judicial action. ``(C) No action may be brought under subparagraph (B) more than 2 years after the discrimination or retaliation with respect to which the action is brought. ``(D) For purposes of this paragraph-- ``(i) an adverse employment action shall be treated as `retaliation or discrimination'; and ``(ii) an adverse employment action includes-- ``(I) the failure to promote an individual or provide any other employment-related benefit for which the individual would otherwise be eligible; ``(II) an adverse evaluation or decision made in relation to accreditation, certification, credentialing, or licensing of the individual; and ``(III) a personnel action that is adverse to the individual concerned.''. (b) Clerical Amendment.--The heading of such section is amended by adding at the end the following: ``; whistleblower protections''. (c) Effective Date.--The amendment made by subsection (a) shall take effect January 1, 2005. SEC. 3. REQUIREMENT FOR UNANNOUNCED SURVEYS. (a) In General.--Section 1846 of the Social Security Act (42 U.S.C. 1395w-2), as amended by section 2(a), is further amended by adding at the end the following new subsections: ``(d)(1) Upon receipt of a report of an instance of noncompliance with conditions of participation by a provider or clinical laboratory approved for participation under this title to provide clinical diagnostic laboratory tests, the investigative organization shall-- ``(A) provide notice to the Secretary and other investigative organizations involved of receipt of the report within 3 business days of such receipt using a standard format and manner of transmission developed by the Secretary for such purpose; ``(B) promptly determine whether to investigate the report; and ``(C) if appropriate, promptly investigate the report. ``(2) In measuring performance of an investigative organization under a contract entered into with the Secretary, the Secretary shall provide for appropriate adjustments to payments under the contract for failure to carry out the responsibilities of this subsection. ``(3) In this subsection, the term `investigative organization' means an accreditation organization, a State agency, or other entity responsible for surveys of such providers or clinical laboratories. ``(e)(1) Each provider or clinical laboratory approved for participation under this title to provide clinical diagnostic laboratory tests shall be subject to a standard survey, to be conducted without any prior notice to the provider or laboratory (as the case may be). Each survey shall include verification of compliance with requirements under subsection (c). ``(2) Any individual who notifies (or causes to be notified) a provider or laboratory of the time or date on which such a survey is scheduled to be conducted is subject to a civil money penalty not to exceed $2,000. ``(3) The Secretary shall review each State's procedures for the scheduling and conduct of standard surveys to assure that the State has taken all reasonable steps to avoid giving notice of such a survey through the scheduling procedures and the conduct of the surveys themselves. ``(f) The Secretary shall submit to Congress an annual report on the actions taken under this section. Each such report shall include information on reports made under subsection (c), actions taken under subsection (d), the promptness with which such actions were taken, the findings of any investigation of such reports, and any actions taken based upon such findings.''. (b) Clerical Amendment.--The heading of such section, as amended by section 2(b), is further amended by adding at the end the following: ``; unannounced surveys''. (c) Effective Date.--The amendment made by subsection (a) shall take effect January 1, 2005.", "summary": "Clinical Laboratory Compliance Improvement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to require each provider or clinical laboratory approved for participation under Medicare to provide clinical diagnostic laboratory tests to post in a conspicuous place a notice to employees that indicates the manner in which to report instances of noncompliance with conditions of participation. Prohibits such a provider or clinical laboratory from discriminating against or retaliating in any manner against any employee because that employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to the clinical diagnostic laboratory tests performed or other requirements and prohibitions of Medicare. Provides for judicial action for any employee so aggrieved. Requires the investigative organization, upon receipt of a report of an instance of noncompliance, to: (1) provide notice to the Secretary and other investigative organizations involved of receipt of the report within three business days, using a standard format and manner of transmission developed by the Secretary for such purpose; (2) promptly determine whether to investigate the report; and (3) if appropriate, promptly investigate it. Requires that the Secretary, in measuring the performance of an investigative organization under contract, to provide for appropriate adjustments to payments for failure to carry out the responsibilities of this Act. Subjects each provider or clinical laboratory to a standard survey, including verification of compliance with requirements, conducted without prior notice. Makes liable for civil monetary penalties any individual who notifies (or causes to be notified) a provider or laboratory of the time or date on which such a survey is scheduled to be conducted."}
{"article": "SECTION 1. TREATMENT OF BONDS ISSUED TO FINANCE ELECTRIC OUTPUT FACILITIES. (a) In General.--Section 141 of the Internal Revenue Code of 1986 (relating to private activity bond; qualified bond) is amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following new subsection: ``(e) Bonds for Electric Output Facilities.-- ``(1) Bonds issued before enactment of comprehensive electricity competition act.-- ``(A) In general.--The determination of whether any pre-effective date electric output facility bond is a private activity bond (or an industrial development bond under the Internal Revenue Code of 1954), shall be made without regard to any permissible competitive actions taken by the issuer. ``(B) Pre-effective date electric output facility bond.--For purposes of subparagraph (A), the term `pre- effective date electric output facility bond' means any bond issued as part of an issue if-- ``(i) such bond was issued before the date of the enactment of the Comprehensive Electricity Competition Act, ``(ii) any portion of the proceeds of such issue was used with respect to an electric output facility, and ``(iii) such bond was not, as of such date of enactment, a private activity bond (or an industrial development bond under the Internal Revenue Code of 1954). ``(C) Permissible competitive actions.--For purposes of subparagraph (A), the term `permissible competitive actions' means any action taken by the issuer on or after the date of the enactment of the Comprehensive Electricity Competition Act regarding-- ``(i) transmission property owned by the issuer if the issuer is subject to an order of the Federal Energy Regulatory Commission requiring nondiscriminatory, open access to transmission facilities in a manner consistent with rules promulgated by the Commission under sections 205 and 206 of the Federal Power Act (as in effect on the date of the enactment of the Comprehensive Electricity Competition Act), or ``(ii) generation property or distribution property owned by the issuer if the issuer-- ``(I) implements retail competition under section 609 of the Public Utility Regulatory Policies Act of 1978 (as amended by, and as in effect on the date of the enactment of, the Comprehensive Electricity Competition Act), or ``(II) enters into a contract for the sale of electricity or use of its distribution property which will not become effective prior to the date that the issuer implements retail competition under section 609 of the Public Utility Regulatory Policies Act of 1978 (as amended by, and as in effect on the date of the enactment of, the Comprehensive Electricity Competition Act). ``(D) Comprehensive electricity competition act.-- For purposes of this paragraph, references to the Comprehensive Electricity Competition Act shall be treated as references to any law which is substantially identical to S. 2287 of the 105th Congress, as introduced. ``(2) Bonds issued on or after enactment of comprehensive electricity competition act.-- ``(A) In general.--For purposes of this title, the term `private activity bond' includes any bond issued as part of an issue any of the proceeds of which are to be used (directly or indirectly) for electric output facilities other than small distribution property. ``(B) Small distribution property.--For purposes of subparagraph (A), the term `small distribution property' means any output facility, including functionally related and subordinate property, that operates at 69 kilovolts or less.''. (b) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendment made by this section shall apply to obligations issued on or after the date of the enactment of the Comprehensive Electricity Competition Act (within the meaning of section 141(e)(1)(D) of the Internal Revenue Code of 1986, as added by this section). (2) Treatment of pre-effective date bonds.--Section 141(e)(1) of such Code, as added by this section, shall take effect on the date of the enactment of this Act. (3) Refunding bonds.-- (A) In general.--For purposes of this subsection and the amendment made by this section, section 141(e)(2) of the Internal Revenue Code of 1986, as added by this section, shall not apply to any qualified refunding bond. (B) Qualified refunding bond.--For purposes of subparagraph (A), the term ``qualified refunding bond'' means any bond (or a bond which is part of a series of refundings) issued to refund a pre-effective date electric output facility bond if-- (i) the weighted average maturity of the issue of which the refunding bond is a part does not exceed 120 percent of the average reasonably expected economic life of the facilities being financed with the net proceeds of such issue (determined under section 147(b) of such Code), (ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (iii) the net proceeds of the refunding bond are used to redeem the refunded bond not later than 90 days after the date of issuance of the refunding bond. SEC. 2. NUCLEAR DECOMMISSIONING COSTS. (a) In General.--Subsection (b) of section 468A of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Limitation on Amount Paid Into Fund.--The amount which a taxpayer may pay into the Fund for any taxable year shall not exceed the ruling amount applicable to such taxable year.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code concerning: (1) the treatment of bonds issued to finance electric output facilities; and (2) the special rules for nuclear decommissioning costs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Afghanistan Status of Forces Agreement (SOFA) Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Al Qaeda, a terrorist organization using Afghanistan as a base of operations, attacked the United States on September 11, 2001, killing nearly 3,000 people in New York, Pennsylvania, and Virginia. (2) Congress passed and the President signed the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) on September 18, 2001. (3) The United States initiated Operation Enduring Freedom to combat Al Qaeda and prevent the Taliban regime in Afghanistan from providing Al Qaeda with safe harbor. (4) The Taliban was removed from power and the United States concluded security agreements with the newly formed Afghan government. (5) Al Qaeda no longer has a major or relevant presence in Afghanistan. (6) The United States and Afghanistan has exchanged notes, signed agreements, and issued ``joint declarations'' on various topics, but have not entered into a bilateral agreement on the status of forces. (7) A status of forces agreement with Afghanistan would not expressly authorize the United States to carry out military operations in Afghanistan but would recognize that such operations are ongoing. (8) The United States is currently party to more than 100 agreements on the status of forces. (9) A status of forces agreement may be a multilateral or bilateral agreement addressing the status of United States Armed Forces while present in a foreign country. (10) Status of forces agreements may include--but are not limited to--how the domestic laws of the foreign jurisdiction shall be applied to United States personnel and contractors while in that country. (11) In a similar agreement, parties have pledged to work cooperatively in a number of fields, including on diplomatic, security, economic, cultural, and law enforcement matters. (12) In a similar agreement, a deadline has been established for the withdrawal of United States troops by a date certain. (13) United States personnel subject to a status of forces agreement may include members of the United States Armed Forces, Department of Defense civilian employees, and contractors working for the Department of Defense. SEC. 3. STATUS OF FORCES AGREEMENT WITH AFGHANISTAN. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the President shall seek to negotiate and enter into a bilateral status of forces agreement with the Government of Afghanistan in accordance with the requirements of this section. (b) Mandatory Elements.--The status of forces agreement specified in subsection (a) shall, to the maximum extent practicable-- (1) prohibit the permanent basing or military presence of United States Armed Forces in Afghanistan; (2) provide a date, no later than 1 year after the date on which the agreement is entered into with the Government of Afghanistan, for the complete, safe, and orderly redeployment from Afghanistan of all members of the United States Armed Forces, Department of Defense civilian employees, and contractors working for the Department of Defense; and (3) establish that the temporary presence of United States Armed Forces in Afghanistan is at the request and invitation of the sovereign Government of Afghanistan. (c) Discretionary Elements.--The status of forces agreement specified in subsection (a) may provide for the authorization of specific exercises, activities, or missions of the United States Armed Forces in Afghanistan. (d) Sense of Congress.--It is the sense of Congress that the President should submit the status of forces agreement specified in subsection (a) to the Senate for its advice and consent to ratification as a treaty or alternatively the President should request statutory authorization for the status of forces agreement by Congress. (e) Submission to Congress.-- (1) In general.--The President shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a copy of the status of forces agreement specified in subsection (a). The status of forces agreement shall be submitted in unclassified form but may contain a classified annex if necessary. (2) Availability.--Any Senator or Member of the House of Representatives may review the copy of the status of forces agreement submitted under paragraph (1), including any portions of the agreement contained in the classified annex. (3) Definition.--In paragraph (2), the term ``Member of the House of Representatives'' includes a Delegate or Resident Commissioner to Congress.", "summary": "United States-Afghanistan Status of Forces Agreement (SOFA) Act of 2011 - Directs the President to seek to enter into a bilateral status of forces agreement with the government of Afghanistan which shall: (1) prohibit the permanent basing or military presence of U.S. Armed Forces in Afghanistan; (2) provide, no later than one year after the date on which such agreement is entered into, for the complete redeployment from Afghanistan of the U.S. Armed Forces and Department of Defense (DOD) civilian employees and contractors; and (3) establish that the temporary presence of U.S. Armed Forces in Afghanistan is at the request of the government of Afghanistan. Authorizes such agreement to provide for specific activities or missions of the U.S. Armed Forces in Afghanistan. Expresses the sense of Congress that the President should submit such agreement to the Senate for its advice and consent to ratification as a treaty or alternatively the President should request statutory authorization for such agreement by Congress."}
{"article": "SECTION 1. PROVISION OF MENTAL HEALTH SERVICES BY DEPARTMENT OF VETERANS AFFAIRS FOR VETERANS AND FAMILY MEMBERS WITH LIMITED ENGLISH PROFICIENCY. (a) In General.-- (1) Requirement.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1712B the following new section: ``Sec. 1713. Mental health services; languages other than English ``(a) Availability of Counseling in Languages Other Than English.-- In providing counseling and other mental health services authorized by law to a veteran who has limited proficiency in English, the Secretary shall ensure that such counseling and services are available to that veteran in both English and a language other than English in which the veteran is proficient, if requested by the veteran. ``(b) Identification of Limited English Proficient Veterans.--For purposes of this section, the Secretary shall develop procedures for identifying veterans who have limited proficiency in English and of informing those veterans of the provisions of subsection (a).''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1712B the following new item: ``1713. Mental health services; languages other than English''. (b) Family Members.--Section 1782 of such title is amended by adding at the end the following new subsections: ``(e) Additional Counseling.--In addition to services authorized by subsections (a) and (b), the Secretary shall, in connection with the service of a veteran in the active military, naval, or air service, provide to an individual described in subsection (c) such counseling and mental health services as are requested by the individual, except to the extent that the Secretary determines that such counseling and mental health services are not needed. ``(f) Bilingual Counseling.--(1) In providing counseling and mental health services under this section and bereavement counseling under section 1783 of this title, the Secretary shall ensure, in the case of an individual who has limited proficiency in English, that such counseling and services are available to that individual in both English and a language other than English in which the individual is proficient, if requested by the individual. ``(2) For purposes of this subsection, the Secretary shall develop procedures for identifying individuals who have limited proficiency in English and of informing those individuals of the provisions of paragraph (1).''. (c) Effective Date.--Section 1713 of title 38, United States Code, as added by subsection (a)(1), and subsections (e) and (f) of section 1782 of such title, as added by subsection (b), shall take effect at the end of the 120-day period beginning on the date of the enactment of this Act. SEC. 2. CODIFICATION FOR DEPARTMENT OF VETERANS AFFAIRS OF REQUIREMENTS OF EXECUTIVE ORDER 13166. (a) System for Access to Services.--The Secretary of Veterans Affairs shall implement a system by which persons with limited English proficiency can meaningfully access the services provided by the Department of Veterans Affairs consistent with, and without unduly burdening, the fundamental mission of that Department. The Secretary shall work to ensure that recipients of financial assistance under programs of the Department provide meaningful access to applicants and beneficiaries with limited English proficiency. (b) Plan.--The Secretary shall implement a plan to improve access to programs and activities of the Department of Veterans Affairs by eligible persons with limited English proficiency. The plan shall be consistent with the standards set forth in the guidance issued by the Attorney General and shall include the steps the Secretary will take to ensure that eligible persons with limited English proficiency can meaningfully access the programs and activities of the Department. SEC. 3. IMPLEMENTATION. In developing and implementing the plan under section 2(b), the Secretary shall, at a minimum, carry out the following: (1) The Secretary shall conduct a thorough assessment of the language needs of the population served by the Department of Veterans Affairs, including identifying the non-English languages that are likely to be encountered. (2) The Secretary shall develop and implement a comprehensive language assistance program, which shall include-- (A) hiring bilingual staff and interpreters for patient and client contact positions; and (B) translating written materials (such as consent forms, notice of free language assistance, and outreach materials) into languages other than English. (3) The Secretary shall train staff of the Department on the access policy of the Department with respect to persons with limited English proficiency and on carrying out that policy. (4) The Secretary shall establish vigilant monitoring and oversight to ensure that persons with limited English proficiency have meaningful access to health care and services. (5) The Secretary shall establish a task force to evaluate implementation and to prioritize needed actions to implement the access plan for persons with limited English proficiency. (6) The Secretary shall develop a specific plan to ensure seamless transition of veterans and their families from benefits and services provided by the Department of Defense to benefits and services provided by the Department of Veterans Affairs, including bilingual readjustment and bereavement counseling. (7) The Secretary shall establish a process to translate vital documents and other materials, including materials on the World Wide Web, brochures distributed as part of outreach efforts to servicemembers transitioning into civilian life, and the post-deployment health reassessment program. (8) The Secretary shall conduct outreach to veterans and their families in communities which may have higher proportions of populations with limited English proficiency to ensure they are aware of eligibility for benefits and services from the Department of Veterans Affairs. SEC. 4. REPORT ON IMPLEMENTATION BY VETERANS HEALTH ADMINISTRATION OF DIRECTIVE ON IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation by the Veterans Health Administration of the Department of Veterans Affairs of the directive of the Veterans Health Administration designated ``VHA Directive 2002- 006'' that was issued by the Under Secretary for Health of the Department of Veterans Affairs on January 31, 2002, and that issued policy to implement prohibitions on discrimination on the basis of national origin for persons with limited English proficiency in Federally-conducted programs and activities and in Federal financial assisted programs. (b) Capacity to Provide Services to LEP Servicemembers.--The Secretary shall include in the report an analysis of the capacity of the Department of Veterans Affairs to provide services to members of the Armed Forces with limited English proficiency.", "summary": "Amends federal veterans' benefits provisions to direct the Secretary of Veterans Affairs, in providing counseling and other mental health services to a veteran who has limited proficiency in English, to ensure that such services are available in both English and a language in which that veteran is proficient, if requested by the veteran. Requires such availability also for the family members of such a veteran. Requires the Secretary to implement a system by which persons with limited English proficiency can access services provided by the Department of Veterans consistent with, and without unduly burdening, the Department's fundamental mission. Requires a report from the Secretary to the congressional veterans' committees on the implementation by the Department's Veterans Health Administration of a specified directive to implement prohibitions on discrimination on the basis of national origin for persons with limited English proficiency in federally-conducted programs and activities and in federal financial-assisted programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Defense Support to Catastrophic Incident Response Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States faces real threats of man-made and natural disasters which could result in catastrophic consequences to the Nation, its resources, and its people. Because of the scale of the potential consequences of these threats, they may constitute threats to national security and will require the full range of Federal resources to save lives, minimize human suffering, protect property, and mitigate damage. (2) Because of its manpower, communications, logistics, and other capabilities, the Department of Defense is uniquely suited to provide critical support to other departments and agencies of the Federal Government, State and local governments, and governments of the Commonwealths and possessions of the United States in response to a catastrophic incident in the United States. (3) Planning and preparation for and execution of civil support operations in responding to catastrophic incidents in support of the Department of Homeland Security and State and local governments is a national security issue. (4) A successful response to catastrophic incidents in the United States requires coordinated strategic plans and detailed operational plans with specific tasking and sourcing. The Department of Defense must develop such plans and should maintain the required units and assets at the appropriate level of readiness in order to deliver the capabilities which will be required in a response led by the Department of Homeland Security. (5) The National Guard and Reserves are forward-deployed in communities throughout the United States, are integrated with State and local governments, and have considerable homeland- related capabilities. The Department of Defense and the United States Northern Command must therefore consider the plans and capabilities of the National Guard and Reserves, and State and local governments, in plans for civil support operations. SEC. 3. DEPARTMENT OF DEFENSE SUPPORT OF DOMESTIC CIVILIAN AUTHORITIES IN RESPONSE TO CATASTROPHIC INCIDENTS IN THE UNITED STATES. (a) Support Authorized.--Part I of subtitle A of title 10, United States Code, is amended by inserting after chapter 18 the following new chapter: ``CHAPTER 19--SUPPORT OF DOMESTIC CIVILIAN AUTHORITIES IN RESPONSE TO CATASTROPHIC INCIDENTS IN THE UNITED STATES ``Sec. ``390. Department of Defense support of domestic civilian authorities in response to catastrophic incidents in the United States. ``Sec. 390. Department of Defense support of domestic civilian authorities in response to catastrophic incidents in the United States ``(a) In General.--Subject to the authority, direction, and control of the President, the Department of Defense shall undertake civil support operations in response to catastrophic incidents in the United States. ``(b) Plans for Support.--(1) For purposes of carrying out the requirement in subsection (a), the Secretary of Defense shall, in conjunction with the Secretary of Homeland Security, develop comprehensive plans for civil support operations. ``(2) The plans required under this subsection shall include strategies for the use of the armed forces, including units and personnel of the regular components of the armed forces, units and personnel of the National Guard (including personnel on active duty under this title, in status under title 32, and in State status, consistent with section 1814(c) of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 113 note)), units and personnel of the other reserve components of the armed forces, the civilian personnel of the Department of Defense, and, if the Secretary considers it appropriate for purposes of the plans, contractors of the Department of Defense. ``(3) The plans required under this subsection shall be developed in coordination with other departments and agencies of the Federal Government with homeland security responsibilities as part of an established national planning process and shall include the development of operations plans required by section 653(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 753(b)). ``(4) The plans required under this subsection shall be developed to execute strategic requirements established by the Secretary of Homeland Security though an established national planning process. ``(c) Implementation and Execution of Plans.--In implementing the plans developed under subsection (b), the Secretary of Defense shall-- ``(1) ensure that-- ``(A) the Department of Defense is organized and equipped with the capabilities and resources required to execute the plans; and ``(B) the capabilities and resources referred to in subparagraph (A) are available, accessible, and maintained at the appropriate readiness status to enable deployment in accordance with the plans; and ``(2) ensure that any capabilities and resources identified under paragraph (1)(A), when appropriate, train and participate in exercises, including-- ``(A) exercises administered under the national exercise program carried out under section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)); and ``(B) other exercises determined appropriate by the Secretary of Defense to ensure such capabilities and resources are maintained at the appropriate state of readiness. ``(d) Budget.--The budget of the Department of Defense for any fiscal year (as submitted to Congress pursuant to section 1105 of title 31) shall include a request for funds sufficient to carry out the requirements of this section in such fiscal year. The request for a fiscal year under this subsection shall set forth separately the following: ``(1) Each component, program, or activity of the Department of Defense that will carry out the requirements of this section in such fiscal year. ``(2) The amount requested for each such component, program, or activity to carry out such requirements in such fiscal year. ``(e) Construction.--Nothing in this section shall be construed as prohibiting or limiting the authority of the Department of Defense to provide support operations in response to a disaster or incident that is not a catastrophic incident as otherwise provided by law. ``(f) Reports.--(1) Not later than one year after the date of the enactment of this section, and every two years thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the implementation of the requirements of this section, including a discussion of the development and implementation of the plans required by subsection (b). ``(2) Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. ``(g) Definitions.--In this section: ``(1) The term `catastrophic incident' has the meaning given that term in section 501(3) of the Homeland Security Act of 2002 (6 U.S.C. 311(3)). ``(2) The term `civil support operation' means a mission performed by the Department of Defense in support of other departments or agencies of the Federal Government, State or local governments, or governments of the Commonwealths or possessions of the United States in their efforts to prevent, protect against, prepare for, respond to, and recover from natural disasters, acts of terrorism, and other man-made disasters.''. (b) Clerical Amendments.--The tables of chapters at the beginning of title, United States Code, and at the beginning of part I of subtitle A of such title, are each amended by inserting after the item relating to chapter 18 the following new item: ``19. Support of Domestic Civilian Authorities in Response 390.''. to Catastrophic Incidents in the United States. SEC. 4. QUADRENNIAL DEFENSE REVIEW MATTERS. Section 118 of title 10, United States Code, is amended-- (1) by transferring subsection (g), as added by section 942(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 288), to the end of such section 118 and redesignating such subsection, as so transferred, as subsection (i); and (2) by inserting after subsection (g), as added by section 951(a) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 290), the following new subsection: ``(h) Consideration of Department of Defense Roles and Responsibilities in Responding to Catastrophic Incidents.--(1) The first national security strategy and national defense strategy prepared after the date of the enactment of this subsection shall include guidance for military planners-- ``(A) to determine the appropriate roles and responsibilities of the Department of Defense, in coordination with and in support of the Department of Homeland Security and other departments and agencies of the Federal Government with homeland security responsibilities and with State, local, and tribal governments, in responding to catastrophic incidents; ``(B) to update defense plans based on such determinations, including working with the Department of Homeland Security and other departments and agencies of the Federal Government with homeland security responsibilities in responding to such incidents; and ``(C) to develop the capabilities needed to execute such plans. ``(2) The first quadrennial defense review prepared after the date of the enactment of this subsection shall examine the capabilities of the armed forces to support civil authorities in responding to catastrophic incidents. ``(3) In this subsection: ``(A) The term `catastrophic incident' has the meaning given that term in section 501(3) of the Homeland Security Act of 2002 (6 U.S.C. 311(3)). ``(B) The term `national security strategy' means the annual national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a).''. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act may be construed-- (1) to modify the restrictions on the role of the Department of Defense in law enforcement operations within the United States; (2) to affect the authority of the Governor of a State to respond to a natural disaster, act of terrorism, or other man- made disaster within the United States; or (3) to affect the authority of the Governor of a State to exercise command and control over the National Guard of that State while in State status or in title 32, United States Code, status. SEC. 6. DEFINITIONS. In this Act: (1) The term ``catastrophic incident'' has the meaning given that term in section 501(3) of the Homeland Security Act of 2002 (6 U.S.C. 311(3)). (2) The term ``civil support operation'' means a mission performed by the Department of Defense in support of other departments or agencies of the Federal Government, State or local governments, or governments of the Commonwealths or possessions of the United States in their efforts to prevent, protect against, prepare for, respond to, and recover from natural disasters, acts of terrorism, and other man-made disasters. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendments made by this Act.", "summary": "Ensuring Defense Support to Catastrophic Incident Response Act of 2008 - Directs the Department of Defense (DOD) to undertake civil support operations in response to catastrophic incidents in the United States. Requires: (1) the Secretary of Defense to develop comprehensive plans for such operations, including strategies for the use of the Armed Forces (including the National Guard and Reserve) and civilian personnel and contractors of DOD; (2) the annual DOD budget to include a separate funding request for carrying out such operations; and (3) the first national security strategy and national defense strategy prepared after the enactment of this Act to include, among other things, DOD roles and responsibilities in responding to catastrophic incidents."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Security Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Council.--The term ``Council'' means the National Energy Security Council established by section 4. (3) National energy security program.--The term ``national energy security program'' means the national energy security program established by section 3. (4) National oil independence goal.--The term ``national oil independence goal'' means the national oil independence goal established under section 3(c). (5) National oil independence plan.--The term ``national oil independence plan'' means the national oil independence plan established under section 3(d). SEC. 3. NATIONAL ENERGY SECURITY PROGRAM. (a) Establishment.--There is established in the Executive Office of the President the national energy security program. (b) Mission.--The mission of the national energy security program shall be to coordinate the activities and policies of the Federal Government to ensure, to the maximum extent practicable, that the United States meets-- (1) goals for reducing oil dependence, oil imports, and oil consumption; and (2) other energy policy goals, including goals for-- (A) enhancing the competitiveness of the United States in clean energy technology; (B) strengthening clean energy technology manufacturing in the United States; (C) reducing greenhouse gas emissions; and (D) reducing hazardous pollutants. (c) National Oil Independence Goal.-- (1) In general.--Subject to paragraph (2), it is the goal of the United States to reduce oil consumption by the quantity that is equal to or greater than the quantity of oil imported by the United States from outside of North America by calendar year 2030 (as compared to the rate of oil consumption projected for calendar year 2030 as of the date of enactment of this Act). (2) Adjustments.--The President, in consultation with the Council-- (A) may adjust the numeric goal for calendar year 2030 established under paragraph (1); (B) shall ensure that any new goal established under subparagraph (A) represents the maximum practicable oil savings achievable, taking into account other benefits of reducing oil consumption (including economic, security, and environmental benefits) and costs or other economic effects; and (C) if any new goal established under subparagraph (A) is lower than the goal established under paragraph (1), shall establish an additional goal for reducing oil consumption in the United Sates by a quantity that is equal to or greater than the quantity of oil imported by the United States from outside of North America on the fastest timeline practicable, taking into account other benefits of reducing oil consumption (including economic, security, and environmental benefits) and costs or other economic effects. (d) National Oil Independence Plan.-- (1) In general.--The President, in coordination with the Council and the Director of the Office of Management and Budget, shall-- (A) develop a national oil independence plan that describes programs and activities that will be implemented to meet or exceed the national oil independence goal and other goals established pursuant to subsection (c); (B) submit the national oil independence plan to Congress not later than 180 days after the date of enactment of this Act; and (C) submit an updated national oil independence plan to Congress every 2 years thereafter. (2) Review of federal policies, programs, and authorities.--Not later than 120 days after the date of enactment of this Act, the President, in coordination with the Council and the Director of the Office of Management and Budget, shall review existing programs and authorities of the Federal Government and other applicable policies (including tax policies) to determine-- (A)(i) which programs, authorities, or policies could be used to accelerate reductions in oil dependence; and (ii) any means by which the programs, authorities, or policies-- (I) could be used to maximize reductions in oil dependence; or (II) would require modification in order to be used to maximize reductions in oil dependence; and (B)(i) which programs, authorities, or policies have the effect of increasing oil consumption and oil dependence or otherwise create barriers to reducing oil consumption and oil dependence; and (ii) the manner by which the programs, authorities, or policies-- (I) have the effect of encouraging oil consumption or oil dependence or otherwise create barriers to reducing oil consumption and oil dependence; and (II) could be modified or eliminated to help meet the goal of reducing oil consumption and oil dependence. (3) Contents.--At a minimum, the national oil independence plan shall-- (A) describe the results and conclusions of the review conducted under paragraph (2); (B) as appropriate, include-- (i) the use of programs, authorities, or policies described in paragraph (2)(A); and (ii) if existing authority allows, proposals to modify or eliminate programs, authorities, or policies described in paragraph (2)(B); (C) include recommendations to Congress for legislation that would further-- (i) promote reductions in oil consumption and oil dependence; (ii) reduce barriers to reducing oil consumption and oil dependence; and (iii) help meet the energy policy goals of the United States; (D) include a timetable for achieving the national oil independence goal, including interim targets on not less than a biennial basis; (E) a plan for coordinating actions across the Federal Government to ensure, to the maximum extent practicable, that the national oil independence goal is met; and (F) a timeline for issuing rules, Executive orders, or other policy instruments that will implement the recommendations contained the national oil independence plan. (e) Annual Requests to Congress.--When submitting annual budget requests to Congress, the President shall include-- (1)(A) requests for sufficient funding for such programs the President considers appropriate to implement the national oil independence plan; and (B) if the amount of funding is not sufficient to meet the national oil independence goal, a description of the amount of funding that would be necessary to meet the goal; (2)(A) requests for such additional authorities or changes to existing laws or authorities as the President considers appropriate in order to implement the national oil independence plan; and (B) if the amount of funding is not sufficient to meet the national oil independence goal, a description of such additional authority or changes to existing laws or authorities as would be necessary to meet the goal; and (3) a report on the oil consumption and imports of the United States relative to the national oil independence goal and the interim targets and timelines established in the national oil independence plan. SEC. 4. NATIONAL ENERGY SECURITY COUNCIL. (a) Establishment.--There is established in the Executive Office of the President a National Energy Security Council. (b) Mission.--The mission of the Council shall be to assist and advise the President in-- (1) establishing the national oil independence goal in numeric terms of barrels per day of oil consumption, based on the most recent consumption estimates by the Energy Information Administration; (2) meeting the national oil independence goal; (3) developing the national oil independence plan and the requests described in section 3(e); (4) coordinating the policies, programs, and activities of the national energy security program in order to implement the national oil independence plan and meet the national oil independence goal; and (5) ensuring that policy decisions and programs are consistent with the energy policy goals of the United States. (c) Membership.--The membership of the Council shall consist of-- (1) the Secretary of Energy; (2) the Assistant to the President for National Security Affairs; (3) the Secretary of Transportation; (4) the Administrator; (5) the Secretary of the Treasury; (6) the Director of the National Economic Council; (7) the Secretary of Agriculture; (8) the Chair of the Council on Environmental Quality; (9) the Secretary of State; and (10) the Director of the Office of Science and Technology Policy. (d) Chair.--The President shall act as Chair of the Council. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary.", "summary": "Energy Security Act of 2011 - Establishes in the Executive Office of the President the national energy security program to coordinate federal government activities and policies to ensure that the United States meets goals for reducing oil dependence, oil imports, and oil consumption as well as other energy policy goals. Declares it is the goal of the United States to reduce oil consumption by 2030 by an amount equal to or greater than the quantity of oil imported from outside of North America. Directs the President, in coordination with the National Energy Security Council (established by this Act) and the Director of the Office of Management and Budget (OMB), to develop a national oil independence plan, which shall be updated biennially. Directs the President to review existing federal programs and authorities (including tax policies) to determine: (1) which of them could be used to accelerate reductions in oil dependence, and (2) the means to maximize such reductions. Establishes in the Executive Office of the President the National Energy Security Council."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Return of Talent Act''. SEC. 2. RETURN OF TALENT PROGRAM. (a) In General.--Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the following: ``temporary absence of persons participating in the return of talent program ``Sec. 317A. (a) In General.--The Secretary of Homeland Security shall establish the Return of Talent Program to permit eligible aliens to temporarily return to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in post-conflict reconstruction activities, for a period not exceeding 24 months, unless an exception is granted under subsection (d). ``(b) Eligible Alien.--An alien is eligible to participate in the Return of Talent Program established under subsection (a) if the alien meets the special immigrant description under section 101(a)(27)(N). ``(c) Family Members.--The spouse, parents, siblings, and any children of an alien who participates in the Return of Talent Program established under subsection (a) may return to such alien's country of citizenship with the alien and reenter the United States with the alien. ``(d) Extension of Time.--The Secretary of Homeland Security may extend the 24-month period referred to in subsection (a) upon a showing that circumstances warrant that an extension is necessary for post- conflict reconstruction efforts. ``(e) Residency Requirements.--An immigrant described in section 101(a)(27)(N) who participates in the Return of Talent Program established under subsection (a), and the spouse, parents, siblings, and any children who accompany such immigrant to that immigrant's country of citizenship, shall be considered, during such period of participation in the program-- ``(1) for purposes of section 316(a), physically present and residing in the United States for purposes of naturalization within the meaning of that section; and ``(2) for purposes of section 316(b), to meet the continuous residency requirements in that section. ``(f) Oversight and Enforcement.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall oversee and enforce the requirements of this section.''. (b) Table of Contents.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 317 the following: ``317A. Temporary absence of persons participating in the Return of Talent Program.''. SEC. 3. ELIGIBLE IMMIGRANTS. Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended-- (1) in subparagraph (L), by inserting a semicolon after ``Improvement Act of 1998''; (2) in subparagraph (M), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(N) an immigrant who-- ``(i) has been lawfully admitted to the United States for permanent residence; ``(ii) demonstrates an ability and willingness to make a material contribution to the post-conflict reconstruction in the alien's country of citizenship; and ``(iii) as determined by the Secretary of State in consultation with the Secretary of Homeland Security-- ``(I) is a citizen of a country in which Armed Forces of the United States are engaged, or have engaged in the 10 years preceding such determination, in combat or peacekeeping operations; or ``(II) is a citizen of a country where authorization for United Nations peacekeeping operations was initiated by the United Nations Security Council during the 10 years preceding such determination.''. SEC. 4. REPORT TO CONGRESS. Not later than 24 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to Congress that describes-- (1) the countries of citizenship of the participants in the Return of Talent Program established under section 2; (2) the post-conflict reconstruction efforts that benefited, or were made possible, through participation in the program; and (3) any other information that the Secretary of Homeland Security determines to be appropriate. SEC. 5. REGULATIONS. Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Bureau of Citizenship and Immigration Services for each of the fiscal years 2004 and 2005, such sums as may be necessary to carry out this Act.", "summary": "Return of Talent Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish the Return of Talent Program to permit an eligible permanent resident alien and family members to temporarily return (two years with extension) to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in post-conflict reconstruction activities. States that such time abroad shall be considered as U.S. physical and continuous residency for naturalization purposes."}
{"article": "SECTION 1. EXPANSION AND ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR SURVIVORS AND DEPENDENTS OF VETERANS. (a) Termination of Durational Limitation on Use of Educational Assistance.-- (1) Termination of limitation and restatement of continuing requirements.--Subsection (a) of section 3511 of title 38, United States Code, is amended to read as follows: ``(a)(1) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of educational assistance described in paragraph (2) shall not be charged against the entitlement of any individual under this chapter. ``(2) The payment of educational assistance referred to in paragraph (1) is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual-- ``(A) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; and ``(B) failed to receive credit or training time toward completion of the individual's approved educational, professional, or vocational objective as a result of having to discontinue, as described in subparagraph (A), the course pursuit.''. (2) Conforming amendments.--(A) The heading of section 3511 of such title is amended to read as follows: ``Sec. 3511. Treatment of certain interruptions in pursuit of programs of education''. (B) Section 3532(g) of such title is amended-- (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (C) Section 3541 of such title is amended to read as follows: ``Sec. 3541. Special restorative training ``(a) The Secretary may, at the request of an eligible person-- ``(1) determine whether such person is in need of special restorative training; and ``(2) if such need is found to exist, prescribe a course which is suitable to accomplish the purposes of this chapter. ``(b) A course of special restorative training under subsection (a) may, at the discretion of the Secretary, contain elements that would contribute toward an ultimate objective of a program of education.''. (D) Section 3695(a)(4) of such title is amended by striking ``35,''. (b) Extension of Delimiting Age of Eligibility for Dependents.-- Section 3512(a) of title 38, United States Code, is amended by striking ``twenty-sixth birthday'' each place it appears and inserting ``thirtieth birthday''. (c) Amount of Educational Assistance.-- (1) In general.--Section 3532 of title 38, United States Code, is amended to read as follows: ``Sec. 3532. Amount of educational assistance ``(a) The aggregate amount of educational assistance to which an eligible person is entitled under this chapter is $80,000, as increased from time to time under section 3564 of this title. ``(b) Within the aggregate amount provided for in subsection (a), educational assistance under this chapter may be paid for any purpose, and in any amount, as follows: ``(1) A program of education consisting of institutional courses. ``(2) A full-time program of education that consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion. ``(3) A farm cooperative program consisting of institutional agricultural courses prescheduled to fall within forty-four weeks of any period of twelve consecutive months that is pursued by an eligible person who is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Secretary. ``(4) A course or courses or other program of special educational assistance as provided in section 3491(a) of this title. ``(5) A program of apprenticeship or other on-job training pursued in a State as provided in section 3687(a) of this title. ``(6) In the case of an eligible spouse or surviving spouse, a program of education exclusively by correspondence as provided in section 3686 of this title. ``(7) A special training allowance for special restorative training as provided in section 3542 of this title. ``(c) If a program of education is pursued by an eligible person at an institution located in the Republic of the Philippines, any educational assistance for such person under this chapter shall be paid at the rate of $0.50 for each dollar. ``(d)(1) Subject to paragraph (2), the amount of educational assistance payable under this chapter for a licensing or certification test described in section 3501(a)(5) of this title is the lesser of $2,000 or the fee charged for the test. ``(2) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual's available entitlement under this chapter.''. (2) Conforming amendments.--(A) Section 3533 of such title is amended to read as follows: ``Sec. 3533. Tutorial assistance ``An eligible person shall, without any charge to any entitlement of such person to educational assistance under section 3532(a) of this title be entitled to the benefits provided an eligible veteran under section 3492 of this title.''. (B) Section 3534 of such title is repealed. (C) Section 3542 of such title is amended-- (i) in subsection (a), by striking ``computed at the basic rate'' and all that follows through the end of the subsection and inserting a period; and (ii) in subsection (b), by striking ``an educational assistance allowance'' and inserting ``educational assistance''. (D) Section 3543(c) of such title is amended-- (i) in paragraph (1), by adding ``and'' at the end; (ii) by striking paragraph (2); and (iii) by redesignating paragraph (3) as paragraph (2). (E) Section 3564 of such title is amended by striking ``rates payable under sections 3532, 3534(b), and 3542(a)'' and inserting ``aggregate amount of educational assistance payable under section 3532''. (F) Paragraph (1) of section 3565(b) of such title is amended to read as follows: ``(1) educational assistance payable under section 3532 of this title, including the special training allowance referred to in subsection (b)(7) of such section, shall be paid at the rate of $0.50 for each dollar; and''. (G) Section 3687 of such title is amended-- (i) in subsection (a)-- (I) in the matter preceding paragraph (1), by striking ``or an eligible person (as defined in section 3501(a) of this title)''; and (II) in the flush matter following paragraph (2), by striking ``chapters 34 and 35'' and inserting ``chapter 34''; (ii) in subsection (c), by striking ``chapters 34 and 35'' and inserting ``chapter 34''; and (iii) in subsection (e), by striking paragraph (3) and inserting the following new paragraph (3): ``(3) In this subsection, the term `individual' means an eligible veteran who is entitled to monthly educational assistance allowances payable under section 3015(e) of this title.''. (d) Other Conforming Amendments.--(1) Section 3524 of title 38, United States Code, is amended by striking ``allowance'' each place it appears. (2)(A) Section 3531 of such title is amended-- (i) in subsection (a), by striking ``an educational assistance allowance'' and inserting ``educational assistance''; and (ii) in subsection (b), by striking ``allowance''. (B) The heading of such section is amended by striking ``allowance''. (3) Section 3537(a) of such title is amended by striking ``additional''. (e) Clerical Amendments.--The table of sections at the beginning of chapter 35 of title 38, United States Code, is amended-- (1) by striking the item relating to section 3511 and inserting the following new item: ``3511. Treatment of certain interruptions in pursuit of programs of education.''; (2) by striking the items relating to section 3531, 3532, and 3533 and inserting the following new items: ``3531. Educational assistance. ``3532. Amount of educational assistance. ``3533. Tutorial assistance.''; (3) by striking the item relating to section 3534; and (4) by striking the item relating to section 3541 and inserting the following new item: ``3541. Special restorative training.''. (f) Effective Dates.--(1) The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Notwithstanding the effective date under paragraph (1) of the amendment to section 3564 of title 38, United States Code, made by subsection (c)(2)(E), the Secretary of Veterans Affairs shall make the first increase in the aggregate amount of educational assistance under section 3532 of such title as required by such section 3564 (as so amended) for fiscal year 2006.", "summary": "Revises basic educational assistance for veterans' survivors and dependents to: (1) eliminate the present 45 month cap on benefit payments and set an aggregate limit of $80,000; (2) extend from a dependent's 26th to 30th birthday the delimiting age for the use of such assistance; (3) increase the amount of such assistance for survivors and dependents pursuing certain types of education; and (4) authorize the provision of tutorial assistance to such individuals without charge to their educational assistance entitlement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic Withdrawal of Agencies for Meaningful Placement Act of 2018'' or ``SWAMP Act''. SEC. 2. RELOCATION OF HEADQUARTERS OF EXECUTIVE AGENCIES. (a) Repeal of Headquarters Location Requirement.--Section 72 of title 4, United States Code, is repealed. (b) Prohibition on Location of Headquarters in Washington Metropolitan Area.--With respect to an Executive agency whose headquarters is located in the Washington metropolitan area as of the date of the enactment of this Act, no new construction or major renovations may be undertaken, or lease agreements entered into or renewed, for such headquarters after such date of enactment, except as otherwise expressly provided by law. (c) Competitive Bidding Process for Relocation of Headquarters.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Administrator of General Services shall establish a process, in accordance with the requirements described in paragraph (2), through which-- (A) the head of an Executive agency may submit a request for the Administrator to issue a solicitation for the relocation of the headquarters of such agency; or (B) if determined necessary, the Administrator may issue a solicitation for the relocation of the headquarters of an Executive agency. (2) Requirements.--With respect to any solicitation issued for the relocation of the headquarters of an Executive agency pursuant to paragraph (1), the Administrator of General Services shall-- (A) allow any State and any political subdivision of a State to submit a bid for the relocation of such headquarters; (B) provide the public with notice and an opportunity to comment on such solicitation; and (C) in consultation with the head of such agency, select a State, or a political subdivision of a State, for the relocation of such headquarters using competitive bidding procedures that consider the following: (i) The extent to which the relocation of such headquarters would impact the economy and workforce development of a State or political subdivision of a State. (ii) Whether a State, or a political subdivision of a State, has expertise in carrying out activities substantially similar to the mission and goals of such agency. (iii) The extent to which the relocation of such headquarters to a State, or a political subdivision of a State, would implicate national security interests. (d) Rule of Construction.--Nothing in this Act may be construed to prohibit a political subdivision of the State of Maryland or the Commonwealth of Virginia that is located outside the Washington metropolitan area from submitting a bid under subsection (c)(2)(A). (e) Offset allowed.--The Administrator of General Services may use the proceeds from the sale of any Federal building or land to offset the cost of relocating the headquarters of an Executive agency. (f) No Additional Funds Authorized.--No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. (g) Definitions.--In this section: (1) Executive agency.--The term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code, except that the term does not include the Executive Office of the President. (2) Headquarters.--The term ``headquarters'' means the place or building serving as the managerial and administrative center of an Executive agency, except that the term does not include an office that the head of any such agency may maintain separately from such place or building in the Washington metropolitan area. (3) State.--The term ``State'' means each of the 50 States. (4) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of the following: (A) The District of Columbia. (B) Montgomery and Prince George's Counties in the State of Maryland. (C) Arlington, Fairfax, Loudoun, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia.", "summary": "Strategic Withdrawal of Agencies for Meaningful Placement Act of 2018 or the SWAMP Act This bill: (1) repeals the requirement that all offices attached to the seat of government be exercised in the District of Columbia, and not elsewhere; and (2) prohibits new construction or major renovation of certain executive agency headquarters in the Washington Metropolitan area. The General Services Administration (GSA) must: (1) establish a process to allow an executive agency to request GSA to issue a solicitation for the relocation of its headquarters; (2) allow any state to bid for the relocation of the agency's headquarters; and (3) in consultation with the executive agency, select a state for the relocation of the agency's headquarters using a competitive bidding procedure based on certain considerations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Business Development Improvements Act of 2010''. SEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM. The Director of the Minority Business Development Agency shall establish the Minority Business Development Program (in this Act referred to as the ``Program'') to assist qualified minority businesses. The Program shall provide to such businesses the following: (1) Technical assistance. (2) Contract procurement assistance. SEC. 3. QUALIFIED MINORITY BUSINESS. (a) Certification.--For purposes of the Program, the Director may certify as a qualified minority business any entity that satisfies each of the following: (1) Not less than 51 percent of the entity is directly and unconditionally owned or controlled by historically disadvantaged individuals. (2) Each officer or other individual who exercises control over the regular operations of the entity is a historically disadvantaged individual. (3) The net worth of each principal of the entity is not greater than $2,000,000. (The equity of a disadvantaged owner in a primary personal residence shall be considered in this calculation.) (4) The principal place of business of the entity is in the United States. (5) Each principal of the entity maintains good character in the determination of the Director. (6) The entity engages in competitive and bona fide commercial business operations in not less than one sector of industry that has a North American Industry Classification System code. (7) The entity submits reports to the Director at such time, in such form, and containing such information as the Director may require. (8) Any additional requirements that the Director determines appropriate. (b) Term of Certification.--A certification under this section shall be for a term of 5 years and may not be renewed. SEC. 4. TECHNICAL ASSISTANCE. (a) In General.--In carrying out the Program, the Director may provide to qualified minority businesses technical assistance with regard to the following: (1) Writing business plans. (2) Marketing. (3) Management. (4) Securing sufficient financing for business operations. (b) Contract Authority.--The Director may enter into agreements with persons to provide technical assistance under this section. (c) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to the Director to carry out this section. Such sums shall remain available until expended. SEC. 5. SET-ASIDE CONTRACTING OPPORTUNITIES. (a) In General.--The Director may enter into agreements with the United States Government and any department, agency, or officer thereof having procurement powers for purposes of providing for the fulfillment of procurement contracts and providing opportunities for qualified minority businesses with regard to such contracts. (b) Qualifications on Participation.--The Director shall by rule establish requirements for participation under this section by a qualified minority business in a contract. (c) Annual Limit on Number of Contracts Per Qualified Minority Business.--A qualified minority business may not participate under this section in contracts in an amount that exceeds $10,000,000 for goods and services each fiscal year. (d) Limits on Contract Amounts.-- (1) Goods and services.--Except as provided in paragraph (2), a contract for goods and services under this section may not exceed $6,000,000. (2) Manufacturing and construction.--A contract for manufacturing and construction services under this section may not exceed $10,000,000. SEC. 6. TERMINATION FROM THE PROGRAM. The Director may terminate a qualified minority business from the Program for any violation of a requirement of sections 3 through 5 of this Act by that qualified minority business, including the following: (1) Conduct by a principal of the qualified minority business that indicates a lack of business integrity. (2) Willful failure to comply with applicable labor standards and obligations. (3) Consistent failure to tender adequate performance with regard to contracts under the Program. (4) Failure to obtain and maintain relevant certifications. (5) Failure to pay outstanding obligations owed to the Federal Government. SEC. 7. REPORTS. (a) Report of the Director.--Not later than October 1, 2011, and annually thereafter, the Director shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities of the Director during the preceding year with respect to the Program. (b) Report of the Secretary of Commerce.--Not later than October 1, 2011, and annually thereafter, the Secretary of Commerce shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities the Secretary engaged in during the preceding year to build wealth among historically disadvantaged individuals. SEC. 8. DEFINITIONS. In this Act: (1) Historically disadvantaged individual.--The term ``historically disadvantaged individual'' means any individual who is a member of a group that is designated as eligible to receive assistance under section 1400.1 of title 15, Code of Federal Regulations, as in effect on January 1, 2009. (2) Principal.--The term ``principal'' means any person that the Director determines exercises significant control over the regular operations of a business entity.", "summary": "Minority Business Development Improvements Act of 2010 - Requires the Director of the Minority Business Development Agency to establish the Minority Business Development Program to provide qualified minority businesses with technical assistance and contract procurement assistance. Outlines minority business qualification requirements for the Program, including that: (1) not less than 51% of the entity be directly and unconditionally owned or controlled by historically disadvantaged individuals; and (2) each officer or other individual exercising control over regular operations is a historically disadvantaged individual. Outlines specific types of technical assistance authorized under the Program. Authorizes the Director to enter into agreements for the fulfillment of federal procurement contracts by, and contracting opportunities for, qualified minority businesses. Provides contract limits. Allows the Director to terminate a qualified minority business from the Program under specified circumstances."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Drinking Water Adaptation Research Act.''. SEC. 2. FINDINGS. Congress finds that-- (1) the consensus among climate scientists is overwhelming that climate change is occurring more rapidly than can be attributed to natural causes, and that significant impacts to the water supply are already occurring; (2) among the first and most critical of those impacts will be change to patterns of precipitation around the world, which will affect water availability for the most basic drinking water and domestic water needs of populations in many areas of the United States; (3) drinking water utilities throughout the United States, as well as those in Europe, Australia, and Asia, are concerned that extended changes in precipitation will lead to extended droughts; (4) supplying water is highly energy-intensive and will become more so as climate change forces more utilities to turn to alternative supplies; (5) energy production consumes a significant percentage of the fresh water resources of the United States; (6) since 2003, the drinking water industry of the United States has sponsored, through a nonprofit water research foundation, various studies to assess the impacts of climate change on drinking water supplies; (7) those studies demonstrate the need for a comprehensive program of research into the full range of impacts on drinking water utilities, including impacts on water supplies, facilities, and customers; (8) that nonprofit water research foundation is also coordinating internationally with other drinking water utilities on shared research projects and has hosted international workshops with counterpart European and Asian water research organizations to develop a unified research agenda for applied research on adaptive strategies to address climate change impacts; (9) research data in existence as of the date of enactment of this Act-- (A) summarize the best available scientific evidence on climate change; (B) identify the implications of climate change for the water cycle and the availability and quality of water resources; and (C) provide general guidance on planning and adaptation strategies for water utilities; and (10) given uncertainties about specific climate changes in particular areas, drinking water utilities need to prepare for a wider range of likely possibilities in managing and delivery of water. SEC. 3. RESEARCH ON THE EFFECTS OF CLIMATE CHANGE ON DRINKING WATER UTILITIES. (a) In General.--The Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Commerce, the Secretary of Energy, and the Secretary of the Interior, shall establish and provide funding for a program of directed and applied research, to be conducted through a nonprofit water research foundation and sponsored by drinking water utilities, to assist suppliers of drinking water in adapting to the effects of climate change. (b) Research Areas.--The research conducted in accordance with subsection (a) shall include research into-- (1) water quality impacts and solutions, including research-- (A) to address probable impacts on raw water quality resulting from-- (i) erosion and turbidity from extreme precipitation events; (ii) watershed vegetation changes; and (iii) increasing ranges of pathogens, algae, and nuisance organisms resulting from warmer temperatures; and (B) on mitigating increasing damage to watersheds and water quality by evaluating extreme events, such as wildfires and hurricanes, to learn and develop management approaches to mitigate-- (i) permanent watershed damage; (ii) quality and yield impacts on source waters; and (iii) increased costs of water treatment; (2) impacts on groundwater supplies from carbon sequestration, including research to evaluate potential water quality consequences of carbon sequestration in various regional aquifers, soil conditions, and mineral deposits; (3) water quantity impacts and solutions, including research-- (A) to evaluate climate change impacts on water resources throughout hydrological basins of the United States; (B) to improve the accuracy and resolution of climate change models at a regional level; (C) to identify and explore options for increasing conjunctive use of aboveground and underground storage of water; and (D) to optimize operation of existing and new reservoirs in diminished and erratic periods of precipitation and runoff; (4) infrastructure impacts and solutions for water treatment facilities and underground pipelines, including research-- (A) to evaluate and mitigate the impacts of sea level rise on-- (i) near-shore facilities; (ii) soil drying and subsidence; and (iii) reduced flows in water and wastewater pipelines; and (B) on ways of increasing the resilience of existing infrastructure and development of new design standards for future infrastructure; (5) desalination, water reuse, and alternative supply technologies, including research-- (A) to improve and optimize existing membrane technologies, and to identify and develop breakthrough technologies, to enable the use of seawater, brackish groundwater, treated wastewater, and other impaired sources; (B) into new sources of water through more cost- effective water treatment practices in recycling and desalination; and (C) to improve technologies for use in-- (i) managing and minimizing the volume of desalination and reuse concentrate streams; and (ii) minimizing the environmental impacts of seawater intake at desalination facilities; (6) energy efficiency and greenhouse gas minimization, including research-- (A) on optimizing the energy efficiency of water supply and improving water efficiency in energy production; and (B) to identify and develop renewable, carbon- neutral energy options for the water supply industry; (7) regional and hydrological basin cooperative water management solutions, including research into-- (A) institutional mechanisms for greater regional cooperation and use of water exchanges, banking, and transfers; and (B) the economic benefits of sharing risks of shortage across wider areas; (8) utility management, decision support systems, and water management models, including research-- (A) into improved decision support systems and modeling tools for use by water utility managers to assist with increased water supply uncertainty and adaptation strategies posed by climate change; (B) to provide financial tools, including new rate structures, to manage financial resources and investments, because increased conservation practices may diminish revenue and increase investments in infrastructure; and (C) to develop improved systems and models for use in evaluating-- (i) successful alternative methods for conservation and demand management; and (ii) climate change impacts on groundwater resources; (9) reducing greenhouse gas emissions and energy demand management, including research to improve energy efficiency in water collection, production, transmission, treatment, distribution, and disposal to provide more sustainability and means to assist drinking water utilities in reducing the production of greenhouse gas emissions in the collection, production, transmission, treatment, distribution, and disposal of drinking water; (10) water conservation and demand management, including research-- (A) to develop strategic approaches to water demand management that offer the lowest-cost, noninfrastructural options to serve growing populations or manage declining supplies, primarily through-- (i) efficiencies in water use and reallocation of the saved water; (ii) demand management tools; (iii) economic incentives; and (iv) water-saving technologies; and (B) into efficiencies in water management through integrated water resource management that incorporates-- (i) supply-side and demand-side processes; (ii) continuous adaptive management; and (iii) the inclusion of stakeholders in decisionmaking processes; and (11) communications, education, and public acceptance, including research-- (A) into improved strategies and approaches for communicating with customers, decisionmakers, and other stakeholders about the implications of climate change on water supply; and (B) to develop effective communication approaches to gain-- (i) public acceptance of alternative water supplies and new policies and practices, including conservation and demand management; and (ii) public recognition and acceptance of increased costs. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2009 through 2019.", "summary": "Climate Change Drinking Water Adaptation Research Act - Requires the Administrator of the Environmental Protection Agency (EPA) to establish and provide funding for a program of directed and applied research, to be conducted through a nonprofit water research foundation and sponsored by drinking water utilities, to assist suppliers of drinking water in adapting to the effects of climate change. Requires research areas to include: (1) water quality and quantity impacts and solutions; (2) impacts on groundwater supplies from carbon sequestration; (3) infrastructure impacts and solutions; (4) desalination, water reuse, and alternative supply technologies; (5) energy efficiency and greenhouse gas minimization; (6) regional and hydrological basin cooperative water management solutions; (7) utilities management, decision support systems, and water management models; (8) greenhouse gas emissions reduction and energy demand management; (9) water conservation and demand management; and (10) communications, education, and public acceptance."}
{"article": "SECTION 1. LIMITATION ON INTEREST DEDUCTION ALLOWED CORPORATIONS. (a) In General.--Section 163 of the Internal Revenue Code of 1986 (relating to deduction for interest) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Limitation on Corporate Interest Payments.-- ``(1) In general.--Except as provided in paragraph (2), in the case of a corporation, the amount otherwise allowed as a deduction under this chapter for interest paid or accrued during the taxable year by such corporation shall be reduced by 20 percent. ``(2) Exception for certain corporations.-- ``(A) In general.--Paragraph (1) shall not apply for any taxable year to any corporation the earnings and profits of which for such taxable year (computed as of the close of the taxable year without diminution by reason of any dividend distributions made during such taxable year) do not exceed the lesser of-- ``(i) the corporation's tax liability under this chapter for such taxable year (determined after the application of paragraph (1)), or ``(ii) $100,000. ``(B) Controlled group.--For purposes of subparagraph (A), all component members of a controlled group (as defined in section 179(d)(7)) shall be treated as 1 corporation. ``(3) Exception for farming businesses.--Paragraph (1) shall not apply to any corporation substantially all of the assets of which are used in the active conduct of a farming business (as defined in section 448(d)(1)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1993. SEC. 2. DIVIDEND PAID DEDUCTION. (a) General Rule.--Part VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to special deductions for corporations) is amended by striking the table of sections and section 241 and inserting the following: ``Subpart A. Dividend paid deduction. ``Subpart B. Dividend received deduction. ``Subpart C. Miscellaneous provisions. ``SEC. 230. ALLOWANCE OF SPECIAL DEDUCTIONS. ``In addition to the deductions provided in part VI (section 161 and following), there shall be allowed as deductions in computing taxable income the items specified in this part. ``Subpart A--Dividend Paid Deduction ``Sec. 231. Dividend paid deduction. ``Sec. 232. Qualified dividend account. ``Sec. 233. Ineligible corporations. ``Sec. 234. Special rules. ``SEC. 231. DIVIDEND PAID DEDUCTION. ``(a) Allowance of Deduction.--In the case of a corporation, there shall be allowed as a deduction an amount equal to 50 percent of the dividends paid by such corporation during the taxable year. ``(b) Limitation Based on Amount in Qualified Dividend Account.-- The amount of the dividends paid during any taxable year which may be taken into account under subsection (a) shall not exceed the amount in the corporation's qualified dividend account as of the close of such taxable year determined after the application of section 232(b)(1) for the taxable year but before the application of section 232(b)(2) for such taxable year. ``SEC. 232. QUALIFIED DIVIDEND ACCOUNT. ``(a) Establishment of Account.--Each corporation shall establish a qualified dividend account. The opening balance of such account shall be zero. ``(b) Adjustments to Accounts.--As of the close of each taxable year beginning after January 1, 1993, the qualified dividend account-- ``(1) shall be increased by the adjusted taxable income of the corporation for the taxable year, and ``(2) shall be reduced by the amount of the dividends paid by the corporation during the taxable year to the extent the amount so paid does not exceed the limitation of section 231(c). ``(c) Adjusted Taxable Income.--For purposes of this section-- ``(1) In general.--The term `adjusted taxable income' means taxable income adjusted as provided in this subsection. ``(2) Adjustment for certain qualifying dividends.--Taxable income shall be increased by the deduction allowed under section 243 with respect to that portion of any qualifying dividend (as defined in section 243(b)(1)) for which such deduction is determined at a rate of less than 100 percent. Similar rules shall apply in the case of dividends for which deductions are allowable under section 245(b). ``(3) Adjustment for tax credits.-- ``(A) In general.--Taxable income shall be reduced by the deduction equivalent of the tentative nonrefundable credits for the taxable year. ``(B) Deduction equivalent.--For purposes of subparagraph (A), the deduction equivalent of the tentative nonrefundable credits for any taxable year is the amount which (if allowed as a deduction for the taxable year) would reduce the tax liability (as defined in section 26(b)) for the taxable year by an amount equal to the tentative nonrefundable credits. ``(C) Tentative nonrefundable credits.--For purposes of this paragraph, the term `tentative nonrefundable credits' means the amount of the credits which would have been allowable under part IV of subchapter A of this chapter for the taxable year (other than the credit allowable under section 34) if no deduction were allowable under section 231. ``(4) Adjustment for corporate minimum tax.--If tax is imposed by section 55 on the corporation for any taxable year, taxable income for the succeeding taxable year shall be increased by an amount equal to \\35/100\\ of the amount of tax so imposed. ``(5) Dividend paid deduction not taken into account.-- Taxable income shall be determined without regard to the deduction allowed under section 231. ``SEC. 233. INELIGIBLE CORPORATIONS. ``(a) General Rule.--No deduction shall be allowed under section 231 with respect to any dividend paid by-- ``(1) a regulated investment company, ``(2) a real estate investment trust, ``(3) an S corporation, ``(4) any organization taxable under subchapter T of this chapter (relating to cooperative organizations), or ``(5) a FSC or DISC. ``(b) Foreign Corporations.--In the case of a foreign corporation-- ``(1) no deduction shall be allowed under section 231 for dividends paid by such corporation during any taxable year unless the corporation meets the requirements of section 245(a) for such taxable year, ``(2) only adjusted taxable income effectively connected with the conduct of a trade or business in the United States and attributable to the uninterrupted period referred to in section 245(a) shall be added to the qualified dividend account, and ``(3) any distribution shall be treated as made ratably out of income effectively connected with the conduct of a trade or business in the United States and other income. ``SEC. 234. SPECIAL RULES. ``(a) Certain Distributions Not Treated as Dividends.--For purposes of this subpart, the term `dividend' does not include-- ``(1) any distribution in redemption of stock, in liquidation, or in a reorganization (whether or not such distribution is treated as a distribution to which section 301 applies), and ``(2) any dividend described in section 244 (relating to dividends received on certain preferred stock). ``(b) Deduction Not Taken Into Account for Purposes of Certain Limitations Based on Taxable Income.--For purposes of sections 246(c), 613, 613A, and 593, taxable income shall be determined without regard to the deduction allowed under section 231. ``(c) Treatment of Dividends Received by 5-Percent Tax-Exempt Shareholders.-- ``(1) In general.--For purposes of part III of subchapter F (relating to taxation of unrelated business income of certain exempt organizations), any dividend received by a tax-exempt organization from a corporation in which such organization is a 5-percent shareholder shall be treated as unrelated business taxable income to the extent of the amount of the deduction allowable under section 231 to such corporation with respect to such dividend. Except as provided in regulations, the amount of such deduction shall be determined on the basis of the return filed by the corporation for the taxable year. ``(2) Definitions.--For purposes of this subsection-- ``(A) 5-percent shareholder.--The term `5-percent shareholder' means any tax-exempt organization which owns (or is considered as owning within the meaning of section 318)-- ``(i) 5 percent or more (by value) of the outstanding stock of the corporation, or ``(ii) stock possessing 5 percent or more of the total combined voting power of all stock of the corporation. ``(B) Tax-exempt organization.--The term `tax- exempt organization' means any organization which is exempt from the tax imposed by this chapter. ``(C) Related entities.--A tax-exempt organization and 1 or more other tax-exempt organizations which have-- ``(i) significant common purposes and substantial common membership, or ``(ii) directly or indirectly substantial common direction or control, shall be treated as 1 tax-exempt organization for purposes of this paragraph. ``(d) Treatment of Subsequent Adjustments.--If there is any adjustment which affects the amount of the adjusted taxable income of a corporation for any taxable year (whether by reason of any carryback to such taxable year or otherwise) for purposes of this subpart and subpart B, the amount of such adjustment shall be treated as made as of the close of such taxable year. ``(e) Allocation of Qualified Dividend Account in Corporate Separations, Reorganizations, and Redemptions.--Adjustments similar to the adjustments provided in subsection (h) or (n)(7) of section 312 shall be made to the qualified dividend account in the case of a transaction described in either of such subsections. ``(f) Mutual Life Insurance Companies.-- ``(1) General rule.--In the case of a mutual life insurance company, for purposes of this subpart, 80 percent of the differential earnings amount (as defined in section 809(a)(3)) shall be treated as a dividend paid to a shareholder. ``(2) Regulations.--The Secretary may prescribe regulations applying rules consistent with this subpart to mutual life insurance companies. Such regulations may include rules treating an appropriate portion of the recomputed differential earnings amount (as defined in section 809(f)(3)) as an adjustment to the amount described in paragraph (1). ``Subpart B--Dividend Received Deduction ``Sec. 243. Dividends received by corporations. ``Sec. 244. Dividends received on certain preferred stock. ``Sec. 245. Dividends received from certain foreign corporations. ``Sec. 246. Rules applying to deductions for dividends received. ``Sec. 246A. Dividends received deduction reduced where portfolio stock is debt financed. ``Sec. 247. Dividends paid on certain preferred stock of public utilities.''. (b) Compensatory Withholding Tax on Dividends Paid to Nonresident Aliens or Foreign Corporations.-- (1) General rule.--Subpart D of part II of subchapter N of chapter 1 (relating to miscellaneous provisions) is amended by adding at the end thereof the following new section: ``SEC. 899. ADDITIONAL TAX ON DIVIDENDS TO REFLECT DIVIDEND PAID DEDUCTION. ``(a) General Rule.--In addition to any tax imposed by section 871 or 881, there is hereby imposed a tax equal to 30.4 percent of the dividends received from sources within the United States by a nonresident alien individual or foreign corporation. ``(b) Tax Not To Apply to Shareholder's Effectively Connected Items.--The tax imposed by this section shall not apply to any dividend to the extent such dividend is effectively connected with the conduct of a trade or business by the shareholder within the United States. ``(c) Corresponding Increase in Withholding Tax.--In the case of any dividend subject to tax under subsection (a), the tax imposed by section 1441 or 1442 (as the case may be) shall be increased by an amount equal to the applicable percentage of such dividend. ``(d) Exception for Certain Treaty Countries.--The tax imposed by subsection (a) shall not apply to any dividend paid to a resident or corporation of a foreign country during any period-- ``(1) in which an income tax treaty between such country and the United States is in effect, and ``(2) during which there is in effect a certification by the Secretary that-- ``(A) such income tax treaty has adequate provisions to prevent treaty shopping, and ``(B) if such foreign country imposes an income tax comparable to the tax imposed by this subtitle and grants relief from such tax to its residents, such country grants relief equivalent to that provided in section 231 with respect to dividends paid to United States persons. The requirements of paragraph (2) shall not apply to dividends paid before January 1, 1994.''. (2) Clerical amendment.--The table of sections for subpart D of part II of subchapter N of chapter 1 is amended by adding at the end thereof the following new item: ``Sec. 899. Additional tax on dividends to reflect dividend paid deduction.''. (c) Section 381 To Apply to Qualified Dividend Account.--Subsection (c) of section 381 (relating to items of the distributor or transferor corporation) is amended by adding at the end thereof the following new paragraph: ``(27) Qualified dividend account.--Under regulations prescribed by the Secretary, the acquiring corporation shall take into account (to the extent proper to carry out the purposes of this section and subpart A of part VIII of subchapter B of this chapter) the qualified dividend account of the distributor or transferor corporation.''. (d) Clerical Amendment.--Part VIII of subchapter B of chapter 1 is amended by inserting after section 247 the following: ``Subpart C--Miscellaneous Provisions ``Sec. 248. Organizational expenditures. ``Sec. 249. Limitation on deduction of bond premium on repurchase.''.", "summary": "Amends the Internal Revenue Code to reduce the deduction for corporate interest payments by 20 percent. Excepts small corporations and farming businesses from such reduction. Allows corporations a deduction of 50 percent of the dividends paid during a taxable year. Limits such deduction to the amount in the qualified dividend account established by the corporation for the payment of such dividends. Prohibits the following corporations from using such deduction: (1) regulated investment companies; (2) real estate investment trusts; (3) an S corporation (certain small business corporations); (4) cooperative organizations; and (5) foreign sales corporations and domestic international sales corporations. Provides for an increase in the withholding tax on dividends paid to nonresident aliens or foreign corporations to reflect the dividend paid deduction. Requires, in the case of the acquisition of assets of a corporation by another corporation, that the acquiring corporation carryover the qualified dividend account."}
{"article": "SECTION 1. FINDINGS. Congress finds the following: (1) According to a 2003 Government Accountability Office report, even after accounting for factors such as occupation, industry, race, marital status, job tenure, and differing work patterns, all of which affect earnings, women are paid, on average, 80 cents compared to every dollar that men are paid. (2) According to the same report, the earnings gap between men and women has persisted without statistically significant changes for the past two decades. (3) According to a 2001 report by the Bureau of Labor Statistics, the earnings gap among working men and women is widest among parents. (4) Some women choose to trade advancing in their careers or higher earnings for a job offering the flexibility to manage family responsibilities alongside work. (5) According to a 2001 Government Accountability Office study, in 1995 and 2000, female full-time managers earned less than their male counterparts. (6) According to the same study, in 7 of the 10 industries studied, the earnings gap between female and male full-time managers actually widened between 1995 and 2000. (7) Women make up 46 percent of the workforce but represent just 12 percent of all corporate officers. (8) A reason for the continuing earnings disparity might be discrimination as to which roles are considered acceptable for men and women and how women are viewed in the workplace. (9) According to the February 2004 Monthly Labor Review of the Bureau of Labor Statistics, the Department of Labor projects that the United States work force is growing at a rate of 1 percent per year, in part due to the continually increased presence of women. SEC. 2. CENTER FOR THE STUDY OF WOMEN AND WORKPLACE POLICY. (a) Establishment.--The Secretary of Labor shall make a grant to an eligible university to establish the ``Center for the Study of Women and Workplace Policy'' (referred to in this Act as the ``Center''). (b) Use of Funds.-- (1) Compilation and analysis of data.--The Center established under subsection (a) shall compile and analyze available data and data sets on the difference between the earnings of men and women, including the Panel Study of Income Dynamic housed at the University of Michigan in Ann Arbor, and to identify factors which affect differences in earnings. (2) Dissemination of findings.--The Center shall-- (A) disseminate its findings annually to the public, using a website and any other appropriate means; and (B) maintain a website to serve as a clearinghouse for the data and findings of relevant recent studies. (3) Best practices guides.--Each year, the Center shall publish one best practices guide, as follows: (A) Best practices guide for businesses.--Not later than one year after the Center is established under subsection (a), the Center shall publish a best practices guide for businesses containing recommended guidelines for-- (i) workplace equity; (ii) retaining women in the workplace; and (iii) promoting a family-friendly workplace. (B) Best practices guide for families.--Not later than one year after the publication of the best practices guide for businesses under subparagraph (A), the Center shall publish a best practices guide for families, containing information about-- (i) the policies of various employers relating to workplace equity, retaining women in the workplace, and promoting a family- friendly workplace; (ii) strategies for addressing inequity in the workplace; and (iii) recent findings on inequity in the workplace. (C) Subsequent editions.--The Center shall update, revise, and publish a subsequent edition of each of the best practices guides under subparagraphs (A) and (B) once every two years after the initial publication of each guide. (c) Eligible University.--In this Act, the term ``eligible university'' means a public university-- (1) with a school of public policy, a school of business, a center devoted to the education of women, and social research facilities; (2) at which research is conducted on-- (A) gender differences and levels of achievement in the careers of faculty members employed by institutions of higher education; (B) work experiences of non-tenure-track faculty members employed by such institutions; (C) policies of such institutions with respect to work and family for tenure-track faculty members; and (D) the number of women employed as chief executive officers and directors at large publicly-held companies; and (3) which has designed or is in the process of designing a national clearinghouse for information concerning gender differences and levels of achievement in the careers of faculty members and work and family policies and issues affecting faculty members which includes citations to research and examples of relevant policies and practices. (d) Report.--Not later than 12 months after receiving a grant under this Act, the recipient shall submit to the Secretary and to Congress a report documenting how the university used the grant funds and evaluating the level of success of the Center funded by the grant. (e) Amount of Grant.--For each of fiscal years 2006 through 2010, the Secretary shall provide a grant in the amount of $1,000,000 to an eligible university to carry out this Act.", "summary": "Directs the Secretary of Labor to make a grant, to a public university with specified characteristics, to establish the Center for the Study of Women and Workplace Policy. Requires the Center to: (1) compile and analyze available data and data sets on the difference between the earnings of men and women, including the Panel Study of Income Dynamic housed at the University of Michigan in Ann Arbor, and to identify factors which affect differences in earnings; and (2) disseminate findings, maintain a website as a clearinghouse, and publish an annual best practices guide."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Access to Capital Act of 2009''. SEC. 2. SECTION 7(A) BUSINESS LOANS. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)(A)-- (A) in clause (i), by striking ``75 percent'' and inserting ``90 percent''; and (B) in clause (ii), by striking ``85 percent'' and inserting ``90 percent''; and (2) in paragraph (3)(A), by striking ``$1,500,000 (or if the gross loan amount would exceed $2,000,000'' and inserting ``$4,500,000 (or if the gross loan amount would exceed $5,000,000''. SEC. 3. LOW INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM. Section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C. 696(7)) is amended by adding at the end the following: ``(C) Refinancing not involving expansions.-- ``(i) In general.--A project that does not involve the expansion of a small business concern may include the refinancing of existing indebtedness if-- ``(I) the amount of the financing is not more than 80 percent of the value of the collateral for the financing; ``(II) the small business concern has been in operation for all of the 2- year period ending on the date of the financing; ``(III) the existing indebtedness was not incurred during the 2-year period ending on the date of the financing; ``(IV) the existing indebtedness is not subject to a guarantee by any Federal agency; and ``(V) for a loan for which the Administrator determines there will be an additional cost for making a loan that includes the refinancing of the existing indebtedness, the borrower agrees to pay a fee in an amount equal to the anticipated additional cost. ``(ii) No job creation goals.--A financing may be approved under this subparagraph regardless of whether the project meets the job creation goals under subsection (d) or (e) of section 501.''. SEC. 4. MICROLOANS. (a) Marketing, Management, and Technical Assistance Grants.-- Section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)) is amended-- (1) in subparagraph (A)-- (A) in the first sentence, by striking ``and subject to subparagraph (B)''; and (B) in the second sentence-- (i) by striking ``each intermediary meeting the requirements of subparagraph (B)'' and inserting ``an intermediary''; and (ii) by striking ``25 percent'' and inserting ``50 percent''; (2) by striking subparagraph (B); and (3) by striking subparagraph (C)(iii). (b) Microloan Amounts.--Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended-- (1) in paragraph (1)(B)(iii), by striking ``$35,000'' and inserting ``$50,000''; (2) in paragraph (3)(E), by striking ``$35,000'' each place it appears and inserting ``$50,000''; and (3) in paragraph (11)(B), by striking ``$35,000'' and inserting ``$50,000''. SEC. 5. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM. Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended-- (1) in clause (i), by striking ``$1,500,000'' and inserting ``$5,000,000''; (2) in clause (ii), by striking ``$2,000,000'' and inserting ``$5,000,000''; and (3) in clause (iii), by striking ``$4,000,000'' and inserting ``$5,500,000''. SEC. 6. NEW MARKETS VENTURE CAPITAL COMPANY INVESTMENT LIMITATIONS. Section 355 of the Small Business Investment Act of 1958 (15 U.S.C. 689d) is amended by adding at the end the following: ``(e) Investment Limitations.-- ``(1) Definition.--In this subsection, the term `covered New Markets Venture Capital company' means a New Markets Venture Capital company-- ``(A) granted final approval by the Administrator under section 354(e) on or after March 1, 2002; and ``(B) that has obtained a financing from the Administrator. ``(2) Limitation.--Except to the extent approved by the Administrator, a covered New Markets Venture Capital company may not acquire or issue commitments for securities under this title for any single enterprise in an aggregate amount equal to more than 10 percent of the sum of-- ``(A) the regulatory capital of the covered New Markets Venture Capital company; and ``(B) the total amount of leverage projected in the participation agreement of the covered New Markets Venture Capital.''. SEC. 7. EXTRAMURAL RESEARCH AND DEVELOPMENT BUDGET OF THE NATIONAL INSTITUTES OF HEALTH. Title VIII of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 176) is amended in the matter under the heading ``office of the director'' under the heading ``National Institutes of Health'' under the heading ``DEPARTMENT OF HEALTH AND HUMAN SERVICES'', by inserting after ``638(n)(1):'' the following: ``Provided further, That not later than September 30, 2010, of the amount appropriated under this heading, $150,000,000 shall be obligated to be expended with the programs of the National Institutes of Health described in the previous proviso:''. SEC. 8. BUSINESS STABILIZATION PROGRAM. Section 506(c) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 157) is amended by striking ``but shall not include'' and all that follows through ``enactment of this Act''. SEC. 9. PROSPECTIVE REPEALS. (a) Amendments.-- (1) Section 7(a) business loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (A) in paragraph (2)(A)-- (i) in clause (i), by striking ``90 percent'' and inserting ``75 percent''; and (ii) in clause (ii), by striking ``90 percent'' and inserting ``85 percent''; and (B) in paragraph (3)(A), by striking ``$4,500,000'' and inserting ``$3,750,000''. (2) Low interest refinancing under the local development business loan program.--Section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C. 696(7)) is amended by striking subparagraph (C). (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2010.", "summary": "Small Business Access to Capital Act of 2009 - Amends the Small Business Act to increase maximum loan amounts under the following Small Business Administration (SBA) programs: (1) the section 7(a) (general small business loans) loan program; (2) the Microloan (small-scale loans to start-up, newly-established, and growing small businesses) program; and (3) the section 504 (state and local development company) program. Amends provisions of the Small Business Investment Act of 1958 relating to the local development business loan program to allow a small business borrower under such program to refinance a previous business debt, under specified conditions. Applies single-business investment limits to SBA-recognized new markets venture capital companies. Amends the American Recovery and Reinvestment Act of 2009 to earmark certain Department of Health and Human Services (HHS) funds for specified programs of the National Institutes of Health. Repeals as of October 1, 2010: (1) the increase in section 7(a) loan amounts; and (2) the business debt refinancing authority under the local development business loan program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Fairness in the Workplace Act''. SEC. 2. FINDINGS. Congress finds that-- (1) there is an increasing trend toward the use of part- time workers; (2) part-time jobs often have no or limited health or pension benefits and few labor protections; (3) there is a trend toward the creation of more part-time jobs than full-time jobs; (4) questions have been raised regarding the impact of part-time employment on wage levels, benefits, earning potential, and productivity; and (5) a Federal commission should be established to conduct a thorough study of all matters relating to the impact of part- time employment on wage levels, benefits, earning potential, and productivity and to study the practice of providing different wage and benefit levels to part-time and full-time workers. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the National Commission on Fairness in the Workplace (hereafter referred to in this Act as the ``Commission''). (b) Membership.--The Commission shall be composed of 9 members of whom-- (1) 3 shall be appointed by the President; (2) 3 shall be appointed by the President pro tempore of the Senate, upon the recommendation of the Majority and Minority Leaders of the Senate; and (3) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting as directed by the President. (e) Meetings.--After the initial meeting, the Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among its members. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a comprehensive study of the impact of part-time employment in the United States. (2) Matters to be studied.--The matters to be studied by the Commission under paragraph (1) shall include-- (A) a review of the trend toward creation of more part-time than full-time jobs; (B) an assessment of the relationship between part- time work and wage levels, benefits, earning potential, and productivity; and (C) a review of the practice of providing different wage and benefit levels to part-time and full-time workers. (b) Report.--No later than 12 months after the Commission holds its first meeting, the Commission shall submit a report on the study to the President and Congress. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Committee, the head of such department or agency shall furnish such information to the Commission. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not otherwise an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. Each member of the Commission who is otherwise an officer or employee of the United States shall serve without compensation in addition to that received for services as an officer or employee of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Commission. (2) Compensation.--The executive director shall be compensated at a rate not to exceed the rate payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairperson may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for a position at level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees.--Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for a position at level V of the Executive Schedule under section 5316 of such title. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as may be necessary to carry out the purposes of this Act. Any sums appropriated shall remain available, without fiscal year limitation, until expended. SEC. 8. TERMINATION. The Commission shall terminate 30 days after submission of its report under section 4(b).", "summary": "National Commission on Fairness in the Workplace Act - Establishes the National Commission on Fairness in the Workplace, which shall conduct a comprehensive study of the impact of part-time employment in the United States, including: (1) a review of the trend toward creation of more part-time than full-time jobs; (2) an assessment of the relationship between part-time work and wage levels, benefits, earning potential, and productivity; and (3) a review of the practice of providing different wage and benefit levels to part-time and full-time workers. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Propane Education and Research Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) propane gas, or liquefied petroleum gas, is an essential energy commodity providing heat, hot water, cooking fuel, and motor fuel among its many uses to millions of Americans; (2) the use of propane is especially important to rural citizens and farmers, offering an efficient and economical source of gas energy; (3) propane has been recognized as a clean fuel and can contribute in many ways to reducing the pollution in our cities and towns; and (4) propane is primarily domestically produced and its use provides energy security and jobs for Americans. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``Council'' means the Propane Education and Research Council created pursuant to section 4 of this Act; (2) the term ``industry'' means those persons involved in the production, transportation, and sale of propane, and in the manufacture and distribution of propane utilization equipment, in the United States; (3) the term ``industry trade association'' means an organization exempt from tax, under section 501(c)(3) or (6) of the Internal Revenue Code of 1986, representing the propane industry; (4) the term ``odorized propane'' means propane which has had odorant added to it; (5) the term ``producer'' means the owner of the propane at the time it is recovered at a manufacturing facility; (6) the term ``propane'' means a hydrocarbon whose chemical composition is predominantly C<SUP>3H<SUP>8, whether recovered from natural gas or crude oil; (7) the term ``public member'' means a member of the Council, other than a representative of producers or retail marketers, representing significant users of propane, public safety officials, academia, the propane research community, or other groups knowledgeable about propane; (8) the term ``qualified industry organization'' means the National Propane Gas Association, the Gas Processors Association, a successor association of such associations, or a group of retail marketers or producers who collectively represent 25 percent of the volume of propane sold or produced in the United States; (9) the term ``retail marketer'' means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to retail propane dispensers; (10) the term ``retail propane dispenser'' means a person who sells odorized propane to the ultimate consumer but is not engaged primarily in the business of such sales; and (11) the term ``Secretary'' means the Secretary of Energy. SEC. 4. REFERENDA. (a) Creation of Program.--The Secretary shall conduct a referendum as soon as possible among producers and retail marketers to authorize the creation of the Propane Education and Research Council and the levying of an assessment on odorized propane. Voting rights in such referendum shall be based on the volume of propane sold or produced in the previous calendar year or other representative period. Upon approval of those persons representing two-thirds of the total volume of propane voted in the retail marketer class and two-thirds of all propane voted in the producer class, the Secretary shall issue an order establishing the Council. All persons voting in the referendum shall certify to the Secretary the volume of propane represented by their vote. (b) Termination.--On the Secretary's own initiative, or on petition of the Council or of producers and retail marketers representing 35 percent of the volume of propane in each class, the Secretary shall hold a referendum to determine whether the industry favors termination or suspension of the order issued under subsection (a). Termination or suspension shall not take effect unless it is approved by persons representing more than one-half of the total volume of odorized propane in the retail marketer class and more than one-half of the total volume of propane in the producer class. SEC. 5. PROPANE EDUCATION AND RESEARCH COUNCIL. (a) Appointment of Members.--Upon issuance of an order by the Secretary under section 4(a) establishing the Propane Education and Research Council, the Secretary shall select all retail marketer and producer members of the Council from a list of nominees submitted by qualified industry organizations. Nominees need not be members of a qualified industry organization. The public members of the Council shall be appointed by the Secretary. Vacancies in unfinished terms of Council members shall be filled in the same manner as were the original appointments. (b) Representation.--In making nominations and appointments to the Council, the qualified industry organizations and the Secretary shall give due regard to selecting a Council that is representative of the industry, including representation of-- (1) gas processors and oil refiners among producers; (2) interstate and intrastate operators among retail marketers; (3) large and small companies among producers and retail marketers; and (4) diverse geographic regions of the country. (c) Membership.--The Council shall consist of 21 members, with 9 members representing retail marketers, 9 members representing producers, and 3 public members. Other than the public members, Council members shall be full-time employees or owners of businesses in the industry. No employee of a qualified industry organization or other industry trade association shall serve as a member of the Council, and no member of the Council may serve concurrently as an officer of the Board of Directors of a qualified industry organization or other industry trade association. Only one person at a time from any company or its affiliate may serve on the Council. (d) Compensation.--Council members shall receive no compensation for their services, nor shall Council members be reimbursed for expenses relating to their service, except that public members, upon request, may be reimbursed for reasonable expenses directly related to their participation in Council meetings. (e) Terms.--Council members shall serve terms of 3 years and may serve not more than 2 full terms. Members filling unexpired terms may serve not more than a total of 7 years. Former members of the Council may be returned to the Council if they have not been members for a period of 2 years. Initial appointments to the Council shall be for terms of 1, 2, and 3 years, staggered to provide for the election of 7 members each year. (f) Functions.--The Council shall develop programs and projects and enter into contracts or agreements for implementing this Act, including programs to enhance consumer safety, to provide for research and development of clean and efficient propane utilization equipment, to inform and educate the public, to develop and preserve markets for propane, and to provide for the payment of the costs thereof with funds collected pursuant to this Act. The Council shall coordinate its activities with industry trade association and others as appropriate to provide efficient delivery of services and to avoid unnecessary duplication of activities. (g) Administration.--The Council shall select from among its members a Chairman and other officers as necessary, may establish committees and subcommittees of the Council, and shall adopt rules and bylaws for the conduct of business and the implementation of this Act. The Council shall establish procedures for the solicitation of industry comment and recommendations on any significant plans, programs, and projects to be funded by the Council. The Council may establish advisory committees of persons other than Council members. (h) Employees; Administrative Expenses.--The Council may employ a person to serve as Chief Executive Officer and such other employees as it considers necessary. The Council shall determine the compensation and duties of each employee, and shall protect the handling of Council funds through fidelity bonds. The administrative expenses of operating the Council shall not exceed 10 percent of the funds collected in any fiscal year. (i) Budget.--Before August 1 each year, the Council shall publish for industry review and comment a budget plan for the next calendar year, including the probable costs of all programs, projects, and contracts and a recommended rate of assessment sufficient to cover such costs. Following this review and comment, the Council shall submit the proposed budget to the Secretary. The Secretary shall recommend any changes the Secretary considers appropriate to the budget after an opportunity for public comment. (j) Records; Audits.--The Council shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the Council and regularly report such information to the Secretary, along with such other information as the Secretary may require. The books of the Council shall be audited by a certified public accountant at least once each fiscal year and at such other times as the Council may designate. Copies of such audit shall be provided to the Secretary, all members of the Council, all qualified industry organizations, and to other members of the industry upon request. The Secretary shall receive notice of meetings and may require reports on the activities of the Council, as well as reports on compliance, violations, and complaints regarding the implementation of this Act. (k) Reimbursement of Federal Expenses.--From assessments collected, the Council shall annually reimburse the Secretary for costs incurred in holding the referendum establishing the Council, making appointments to the Council, and other expenses directly related to the Council, not in excess of the cost of three employee years, as determined by the Secretary. SEC. 6. ASSESSMENTS. (a) Amount.--The Council shall set the initial assessment at no greater than one tenth of 1 cent per gallon of odorized propane. Thereafter, annual assessments shall be sufficient to cover the costs of the plans and programs developed by the Council. The assessment shall not be greater than one-half cent per gallon of odorized propane, unless approved by a majority of those voting in a referendum in both the producer and the retail marketer class. The assessment may not be raised by more than one tenth of 1 cent per gallon of odorized propane annually. (b) Ownership.--The owner of odorized propane at the time of odorization, or the time of import of odorized propane, shall pay the assessment based on the volume of odorized propane sold and placed into commerce. Assessments are payable to the Council on a monthly basis by the 25th of the month following the month of such sale. Propane exported from the United States to another country is not subject to the assessment. (c) Alternative Collection Rules.--The Secretary may by regulation, with the concurrence of the Council, establish an alternative means of collecting the assessment if another means is found to be more efficient and effective. The Secretary may by regulation establish a late payment charge and rate of interest to be imposed on any person who fails to remit, collect, or pay to the Council any amount due under this Act. (d) Investment of Funds.--Pending disbursement pursuant to a program, plan, or project, the Council may invest funds collected through assessments, and any other funds received by the Council, only in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States. (e) State Programs.--After consultation with the Council, the Secretary may by regulation establish a program coordinating the operation of the Council with those of any State propane education and research council or similar entity created by State law. This may include a joint or coordinated assessment collection process, a reduced assessment, or an assessment rebate. If adopted, the reduction in assessment or rebate may be in an amount not to exceed 20 percent of the regular assessment collected in that State under this section. Assessment rebates shall be paid only to a State propane education and research council or similar entity that meets the requirements established by the Council, and only for specific projects approved by the Council. SEC. 7. ENFORCEMENT. (a) Cease and Desist Orders; Civil Penalties.--The Secretary, after providing notice and an opportunity for hearing, may, with respect to any person who violates any provision of this Act or any plan, regulation, or order issued under this Act-- (1) issue an order requiring that person to cease and desist from continuing such violation; and (2) assess a civil penalty not to exceed $5,000 for each such violation. Each day during which a violation continues shall be considered a separate violation. (b) Investigatory Powers.--In order to carry out this Act, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. The district courts of the United States may punish a failure to comply with a subpoena issued under this subsection as a contempt of the court. SEC. 8. LOBBYING RESTRICTIONS. No funds collected by the Council shall be used in any manner for influencing legislation or elections, except that the Council may recommend to the Secretary changes in this Act or other statutes that would further the purposes of this Act. SEC. 9. ADMINISTRATIVE PROVISIONS. Nothing in this Act may be construed to preempt or supersede any other program relating to propane education and research organized and operated under the laws of the United States or any State. SEC. 10. ISSUANCE OF REGULATIONS. Within 9 months after the date of enactment of this Act, the Secretary shall issue regulations for the implementation of this Act. The Secretary may require such reports or documentation as is necessary to document the referendum process and the nomination process for members of the Council and shall protect the confidentiality of all such documentation provided by industry members.", "summary": "Propane Education and Research Act of 1993 - Directs the Secretary of Energy (the Secretary) to conduct a referendum among producers and retail marketers to authorize the creation of the Propane Education and Research Council and the levying of an assessment on odorized propane. Makes it the Council's mission to develop programs and enter into contracts for: (1) propane research and development; (2) consumer education; (3) propane market development; and (4) payment for program costs with funds collected under this Act. Prescribes guidelines under which the Council shall set annual assessments to cover program costs. Authorizes the Secretary to establish a program to coordinate Council operations with any State propane education and research council. Proscribes the use of Council funds for lobbying activities. Directs the Secretary to issue implementation regulations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Act for Credit on Taxes''. SEC. 2. REFUNDABLE CREDIT FOR RENEWABLE ENERGY PROPERTY. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. RENEWABLE ENERGY PROPERTY. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 35 percent of the expenditures for renewable energy property made by the taxpayer during the taxable year. ``(b) Limitation.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed the lesser of-- ``(A) $6,000 ($50,000 in the case of renewable energy property used for nonresidential business purposes) for each system of renewable energy property, or ``(B) $4.50 per watt of rated system electricity output or equivalent. ``(2) Location of structure.--No expenditure may be taken into account under this section unless such expenditure is made by the taxpayer for property installed on or in connection with a structure which is located in the United States. ``(3) Rating system electricity output.--For purposes of paragraph (1)(B), the rated system electricity output or equivalent for-- ``(A) solar water heating property shall be the output determined by the Secretary on the basis of evidence acceptable to the Secretary which is submitted by manufacturers of such property and which includes information relating to one year of reliable operation of such property, ``(B) photovoltaic property shall be the output certified by a nationally recognized testing laboratory as meeting the requirements of the Underwriters Laboratory Standard 1703, ``(C) wind energy property shall be the output-- ``(i) certified as meeting the requirements of a small wind turbine-specific safety or performance standard adopted by a national or international standards setting body, including International Electric Code 61400-2, or ``(ii) determined by the Secretary on the basis of evidence acceptable to the Secretary which is submitted by manufacturers of such property and which includes information relating to one year of reliable operation of such property at a site with average annual wind speeds of at least 12 miles per hour, and ``(D) fuel cell property shall be the output certified as meeting the requirements specified by the American Gas Association in document entitled `AGA Requirements for Fuel Cell Power Plants', No. 8-90. The Secretary shall determine who makes the certifications for purposes of subparagraphs (C)(i) and (D). ``(c) Definitions.--For purposes of this section-- ``(1) Renewable energy property.--The term `renewable energy property' means property which is-- ``(A) qualified solar water heating property, ``(B) qualified photovoltaic property, ``(C) qualified wind energy property, or ``(D) qualified fuel cell property. ``(2) Qualified solar water heating property.--The term `qualified solar water heating property' means property that uses solar energy to heat water for use in a structure with respect to which a majority of the energy is derived from the sun. ``(3) Qualified photovoltaic property.--The term `qualified photovoltaic property' means property that uses solar energy to generate electricity for use in a structure. ``(4) Solar panels.--No expenditure relating to a solar panel or other property installed as a roof (or portion thereof) shall fail to be treated as property described in paragraph (2) or (3) solely because it constitutes a structural component of the structure on which it is installed. ``(5) Qualified wind energy property.--The term `qualified wind energy property' means property which uses wind energy to generate electricity for use in a structure. ``(6) Qualified fuel cell property.--The term `qualified fuel cell property' means property which uses an electrochemical process to generate electricity for use in a structure. ``(7) Labor costs.--Expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in paragraph (2), (3), (5), or (6) and for piping or wiring to interconnect such property to the dwelling unit shall be taken into account for purposes of this section. ``(d) Special Rules.--For purposes of this section-- ``(1) Dollar amounts in case of joint occupancy.--In the case of any structure which is jointly occupied and used during any calendar year by 2 or more persons the following shall apply: ``(A) The amount of the credit allowable under subsection (a) by reason of expenditures (as the case may be) made during such calendar year by any of such persons with respect to such structure shall be determined by treating all of such persons as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable with respect to such expenditures to each of such person, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such person during such calendar year bears to the aggregate of such expenditures made by all of such persons during such calendar year. ``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(3) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having made his proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(4) Joint ownership of items of renewable energy property.-- ``(A) In general.--Any expenditure otherwise qualifying as an expenditure described in paragraph (2), (3), (5), or (6) of subsection (c) shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more structures. ``(B) Limits applied separately.--In the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made for each structure. ``(5) Allocation in certain cases.--If 80 percent or more of the use of an item is for residential purposes, then the item shall be treated as used only for residential purposes. ``(6) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(7) Reduction of credit for grants, tax-exempt bonds, and subsidized energy financing.--The rules of section 29(b)(3) shall apply for purposes of this section. ``(8) Denial of double benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(e) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(f) Termination.--The credit allowed under this section shall not apply to taxable years beginning after December 31, 2006.''. (b) Conforming and Technical Amendments.-- (1) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following new paragraph: ``(28) to the extent provided in section 35(e), in the case of amounts with respect to which a credit has been allowed under section 35.'' (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or from section 35 of such Code'' before the period at the end. (3) The table of sections for such subpart C is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Renewable energy property. ``Sec. 36. Overpayment of taxes.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2001.", "summary": "Renewable Energy Act for Credit on Taxes - Amends the Internal Revenue Code to allow a refundable limited credit through tax year 2006 for expenditures for qualifying renewable energy property (solar water heating, photovoltaic, wind energy, or fuel cell properties) installed on or in connection with a U.S.-sited residential or nonresidential structure."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Census Improvement Act''. SEC. 2. LIMITATION ON ELIGIBILITY TO PARTICIPATE IN PLANNING PARTNERSHIP PROGRAM FOR THE 2010 CENSUS. (a) In General.--Participation in the Planning Partnership Program for the 2010 census of population shall not be allowed in the case of-- (1) an organization which has been indicted for a violation under Federal or State law relating to an election for Federal or State office; or (2) an organization which employs applicable individuals. (b) Applicable Individual Defined.--For purposes of this section, the term ``applicable individual'' means an individual who-- (1) is-- (A) employed by the organization in a permanent or temporary capacity; (B) contracted or retained by the organization; or (C) acting on behalf of, or with the express or apparent authority of, the organization; and (2) has been indicted for a violation under Federal or State law relating to an election for Federal or State office. (c) State Defined.--For purposes of this section, the term ``State'' includes the District of Columbia. SEC. 3. TWO-THIRDS VOTE REQUIRED TO REPEAL OR OTHERWISE LIMIT PROVISIONS RELATING TO CONFIDENTIALITY OF CERTAIN INFORMATION. (a) Rulemaking Power.--The succeeding provisions of this section are enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such shall be deemed a part of the rules of each House, respectively, and shall supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. (b) Voting Requirement.--No bill or joint resolution, amendment, or conference report containing a provision which would have the effect of repealing, suspending, or otherwise limiting the application of section 9 of title 13, United States Code (relating to information as confidential; exception) shall be considered as passed or agreed to, by either House of Congress, unless so passed or agreed to by a vote of not less than two-thirds of the Members of such House voting. SEC. 4. REVIEW AND REPORT TO CONGRESS. (a) In General.--Not later than 6 months after the deadline for the submission described in subsection (c), the Government Accountability Office shall review and report to Congress on the questions proposed to be included in the 2010 census of population and the American Community Survey (next scheduled to be carried out after the end of the 6-month period beginning after the date of the enactment of this Act). (b) Requirements.--In carrying out this section, the Government Accountability Office shall specifically address-- (1) the reasons for each question proposed to be included in the survey or census and the purposes for which the information obtained from respondents is likely to be used; (2) alternative means by which the same information could be obtained other than by inclusion in such census or survey, as the case may be; and (3) the relative advantages and disadvantages of obtaining the information through a census or survey (as the case may be) as compared to the alternative means referred to in paragraph (2). (c) Submission of Questions.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Government Accountability Office-- (1) a copy of each question proposed to be included in the upcoming American Community Survey (as described in subsection (a)) and the 2010 census of population; and (2) with respect to each question under paragraph (1), the views of the Secretary of Commerce (or designee) with respect to paragraphs (1) through (3) of subsection (b). SEC. 5. PRACTICE OF SEEKING ANSWERS TO SURVEY OR CENSUS QUESTIONS FROM NON-HOUSEHOLD MEMBERS NO LONGER ALLOWED. (a) In General.--Notwithstanding any other provision of law, no officer, employee, or other person referred to in subchapter II of chapter 1 of title 13, United States Code, may, in the conduct of the American Community Survey or the 2010 census of population, seek answers to any questions relating to any household or any member of such household from any person who is not a member of such household. (b) Implementation.--The Secretary of Commerce shall take such measures as may be necessary to provide for the implementation of subsection (a). SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``census of population'' has the meaning given such term by section 141(g) of title 13, United States Code; and (2) the term ``Member'' means a Member of Congress, as defined by section 2106 of title 5, United States Code.", "summary": "Census Improvement Act - Prohibits any organization that has been indicted for a violation of law relating to an election for federal or state office or that employs or otherwise uses the services of an individual who has been indicted for such a violation from participating in the Planning Partnership Program for the 2010 census of population. Provides that no bill, joint resolution, amendment, or conference report containing a provision which would have the effect of limiting the application of provisions regarding the confidentiality of census information shall be considered as passed or agreed to by either chamber of Congress except by a vote of at least two-thirds of the Members voting. Requires: (1) the Secretary of Commerce to submit to the Government Accountability Office (GAO) a copy of each question proposed to be included in the 2010 census and the American Community Survey; (2) GAO to review and report to Congress on such questions; and (3) the Secretary to include his or her views on, and GAO to specifically address, the reasons for each question, the purposes for which the information obtained is likely to be used, alternative means by which the same information could be obtained, and the relative advantages and disadvantages of obtaining the information through a census or survey. Prohibits any person conducting the Survey or 2010 census from seeking answers to any questions relating to a household or any member of such household from any person who is not a member of that household."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Campaign Disclosure Act of 1998''. SEC. 2. MANDATORY ELECTRONIC PRESERVATION AND FILING OF FEDERAL ELECTION COMMISSION REPORTS; ACCESS THROUGH INTERNET SITE. (a) Electronic Filing Through the Internet.--Section 304(a)(11) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended to read as follows: ``(11)(A) Through a competitive bidding process, the Commission shall establish a public Internet site not later than January 1, 1999, with the following features: ``(i) Any person filing a report required by this Act may post the report directly on the site. ``(ii) Any member of the public may obtain the reports posted on the site (together with any other information the Commission may make available through the site) at any time. ``(iii) Any information in a report posted on the site shall be subject to the same prohibition on sale and use as information from a report or statement under paragraph (4). ``(iv) All information posted on the site shall be integrated in a manner which permits users to search the information across categories and sources. ``(B)(i) The Commission shall permit each person required to file a report under this Act to file the report by posting it directly on the Internet site established under subparagraph (A), or by filing it by such electronic method as the Commission may designate to enable the Commission to post the report on such site immediately upon receipt. ``(ii) The Commission shall require a person to file a report under this Act in accordance with the methods described in clause (i) during an election cycle if the aggregate amount of contributions or expenditures reported previously by the person during the cycle exceeds $25,000. ``(C) The Commission shall provide for one or more methods (other than requiring a signature on the report being filed) for verification of reports filed in accordance with the methods described in subparagraph (B)(i). Any verification under the preceding sentence shall be treated for all purposes (including penalties for perjury) in the same manner as a verification by signature. ``(D) As used in this paragraph, the term ``report'' means, with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission.''. (b) Requiring Commission To Make Software Available.--Section 311(a) of such Act (2 U.S.C. 438(a)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(11) through competitive bidding, obtain and provide for computer software required to carry out section 304(a)(11).''. (c) Internet Defined.--Section 301 of such Act (2 U.S.C. 431) is amended by striking paragraph (19) and inserting the following new paragraph: ``(19) The term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. SEC. 3. REQUIRING REPORTING OF ALL CONTRIBUTIONS OF $100 OR MORE WITHIN 10 DAYS OF RECEIPT. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d)(1) If a political committee is required under subsection (a)(11)(B)(ii) to file reports under this Act electronically during an election cycle, the committee shall file a report with the Commission listing each contribution of $100 or more received by the committee during the cycle after the date on which such subsection first applies to the committee. The committee shall file such report not later than 10 days after receipt, and shall include the identification of the contributor, the date of receipt and amount of the contribution, and (in the case of an authorized committee of a candidate) the name of the candidate and the office sought by the candidate. ``(2) The report required under this paragraph shall be in addition to all other reports required under this Act.''. SEC. 4. EXPANDING TYPES OF CONTRIBUTIONS TO PRINCIPAL CAMPAIGN COMMITTEES SUBJECT TO EXPEDITED REPORTING; SHORTENING DEADLINE FOR REPORTING TO WITHIN 24 HOURS OF RECEIPT. Section 304(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(6)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) In the case of a principal campaign committee which is required under subsection (a)(11)(B)(ii) to file reports under this Act electronically during an election cycle, subparagraph (A) shall apply with respect to any contribution received by the committee after the date on which such subsection first applies to the committee as if-- ``(i) the reference to `$1,000' were a reference to `$100'; ``(ii) the reference to `20th day' were a reference to `90th day'; and ``(iii) the reference in the second sentence to `48 hours' were a reference to `24 hours'.''. SEC. 5. ELECTION CYCLE DEFINED. Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by striking paragraph (19) and inserting the following new paragraph: ``(19) The term `election cycle' means-- ``(A) in the case of a candidate or the authorized committees of a candidate, the term beginning on the day after the date of the most recent general election for the specific office or seat which such candidate seeks and ending on the date of the next general election for such office or seat; or ``(B) for all other persons, the term beginning on the first day following the date of the last general election and ending on the date of the next general election.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to elections occurring after January 1999.", "summary": "Electronic Campaign Disclosure Act of 1998 - Amends the Federal Election Campaign Act of 1971 (FECA) to require the Federal Election Commission to: (1) establish a specified public Internet site not later than January 1, 1999; (2) permit persons required to file reports under FECA to file such reports by directly posting them on the Internet site or by filing them electronically to enable the Commission to post reports on such site immediately upon receipt; (3) provide for one or more methods (other than requiring a signature on the reports being filed) for verification of reports filed in accordance with the methods described in the preceding; (4) require a person to file a report in accordance with the methods described during an election cycle if the aggregate amount of contributions and expenditures reported previously by the person during the cycle exceeds $25,000; and (5) obtain and provide for computer software required to carry out this Act through competitive bidding. Requires that if a political committee is required to file reports electronically during an election cycle, the committee shall file a report listing each contribution of $100 or more received by the committee not later than ten days after receipt and include the contributor's identification, the date of receipt and the contribution amount, and (in the case of a candidate's authorized committee) the candidate's name and the office sought by the candidate. Expands the types of contributions required to be reported by principal campaign committees subject to the mandatory electronic reporting requirements under this Act and changes the deadline for reporting such contributions by any authorized committee of a candidate."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Products Price Equity Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Modern life enhancing and life sustaining drugs are the products of decades of scientific research and practice. (2) The refining and production of products by American pharmaceutical enterprises must be appropriately compensated. (3) The pricing of American pharmaceutical products varies greatly from country to country with the corporate owners of such products voluntarily assuming no losses by always selling their products above the cost of production. (4) Considering the vital life and death nature of pharmaceutical products, it is appropriate that the United States Government, in harmony with other nations belonging to the World Trade Organization, should engage in the reasonable regulation of the prices of pharmaceutical products. SEC. 3. REASONABLE LIMITS ON PROFITS OF PHARMACEUTICAL PRODUCTS. (a) Presidential Authority.--The President shall issue such orders and regulations, and establish such procedures and reporting requirements, as the President determines to be appropriate to ensure that no pharmaceutical product (as defined by the President in such regulation or order) is sold to any consumer in the United States at a price that is more than 6 percent above the average retail price at which such pharmaceutical product is sold in the 5 most industrialized, free-market countries, other than the United States, as determined by the President. (b) Delegation.--The President may delegate the performance of any function under this section to any officer of any Federal department or agency who has been appointed by the President, by and with the consent of the Senate. (c) Confidentiality of Information.--All information reported to or otherwise obtained by any person exercising any authority under this section which contains or relates to a trade secret or other matter referred to in section 1905 of title 18, United States Code, shall be considered confidential for purposes of that section, except that such information may be disclosed to any other officer or employee of the United States involved in carrying out this section solely for the purpose of carrying out, and enforcing compliance with, this section. (d) Subpoena Power and Production of Documents.-- (1) In general.--The officer of any agency or department to whom the President has delegated any authority under this section, may-- (A) examine any books, papers, records, or other data of any person which is relevant to the enforcement of this section or to any recordkeeping or reporting requirement prescribed for the purpose of carrying out this section; and (B) summon any person, an officer or employee of any person (including a former officer or employee), or any person having possession, custody, or care of the reports and records required to be made or maintained pursuant to this section, to appear at a time and place named in the summons and to produce such books, papers, records, or other data, and to give testimony, under oath, as may be relevant or material to an investigation or procedure under this section. (2) Administrative aspects of summons.-- (A) Production at designated site.--A summons issued pursuant to this section may require that books, papers, records, or other data stored or maintained at any place be produced at any designated location in any State or in any territory or other place subject to the jurisdiction of the United States not more than 500 miles distant from any place where the person summoned operates or conducts business in the United States. (B) Fees and travel expenses.--Persons summoned under this section shall be paid the same fees and mileage for travel in the United States that are paid witnesses in the courts of the United States. (C) No liability for expenses.--The United States shall not be liable for any expense, other than an expense described in subparagraph (B), incurred in connection with the production of books, papers, records, or other data under this section. (3) Service of summons.--Service of a summons issued under this section may be by registered mail or in such other manner calculated to give actual notice as the officer delegated by the President may prescribe by regulation. (4) Contumacy or refusal.-- (A) Referral to attorney general.--In case of contumacy by a person issued a summons under this subsection or a refusal by such person to obey such summons, the officer issuing the summons shall refer the matter to the Attorney General. (B) Jurisdiction of court.--The Attorney General may invoke the aid of any court of the United States within the jurisdiction of which-- (i) the investigation which gave rise to the summons is being or has been carried on; (ii) the person summoned is an inhabitant; or (iii) the person summoned carries on business or may be found, to compel compliance with the summons. (C) Court order.--The court may issue an order requiring the person summoned to appear before the Secretary or his delegate to produce books, papers, records, and other data, to give testimony as may be necessary to explain how such material was compiled and maintained, and to pay the costs of the proceeding. (D) Failure to comply with order.--Any failure to obey the order of the court may be punished by the court as a contempt thereof. (E) Service of process.--All process in any case under this subsection may be served in any judicial district in which such person may be found. SEC. 4. ENFORCEMENT. (a) Injunctions and Other Relief.-- (1) In general.--Whenever it appears to the officer authorized by the President to exercise authority under this Act, that any person has engaged, is engaged, or is about to engage in any act or practice that constitutes a violation of any regulation or order prescribed or issued pursuant to section 3, the officer may request the Attorney General to bring an action in an appropriate district court of the United States to enjoin such act or practice. (2) Remedies.--Upon a proper showing in any action under paragraph (1), the court-- (A) shall issue a temporary restraining order or grant a preliminary or permanent injunction without bond; (B) may also issue a mandatory injunction commanding any person to comply with any order or injunction issued or granted under subparagraph (A); and (C) may order restitution of moneys received in violation of any regulation prescribed or order issued under section 3 or any order issued or injunction granted under this section. (b) Penalties.-- (1) Criminal.--Whoever knowingly violates any regulation prescribed or order issued under section 3 shall be fined not more than the amount equal to 200 percent of the amount of the sale related to each violation. (2) Civil.-- (A) In general.--Whoever violates any regulation prescribed or order issued under section 3 shall be liable to the United States for a civil penalty of not more than 200 percent of the amount by which such person was unjustly enriched in connection with such violation. (B) Continuing violations.--A separate violation occurs for each sale of a pharmaceutical product in violation of a regulation prescribed or order issued under section 3. (C) Assessment.-- (i) Written notice.--Any penalty imposed under subparagraph (A) may be assessed and collected by the officer authorized by the President to exercise authority under this Act by written notice. (ii) Finality of assessment.--If, with respect to any assessment under clause (i), a hearing is not requested pursuant to subparagraph (F) within the period of time allowed under such subparagraph, the assessment shall constitute a final and unappealable order. (D) Authority to modify or remit penalty.--Any officer authorized by the President to exercise authority under this Act may compromise, modify, or remit any penalty which such officer may assess or had already assessed under subparagraph (A). (E) Mitigating factors.--In determining the amount of any penalty imposed under subparagraph (A), the officer authorized by the President to exercise authority under this Act shall take into account the appropriateness of the penalty with respect to-- (i) the size of financial resources and good faith of the person charged; (ii) the gravity of the violation; (iii) the history of previous violations; and (iv) such other matters as justice may require. (F) Hearing.--The person against whom any penalty is assessed under this paragraph shall be afforded an agency hearing if such person submits a request for such hearing within 20 days after the issuance of the notice of assessment. (G) Collection.-- (i) Referral.--If any person fails to pay an assessment after any penalty assessed under this paragraph has become final, the officer who imposed the penalty shall recover the amount assessed by action in the appropriate United States district court. (ii) Appropriateness of penalty not reviewable.--In any civil action under clause (i), the validity and appropriateness of the penalty shall not be subject to review. (H) Disbursement.--All penalties collected under authority of this paragraph shall be deposited into the Treasury. (I) Regulations.--Any officer authorized by the President to exercise authority under this Act shall prescribe regulations establishing such procedures as may be necessary to carry out this paragraph. SEC. 5. CIVIL LIABILITY. (a) Liability Established.--Any person who violates any regulation prescribed or order issued under this Act with respect to any other person shall be liable to such person in an amount equal to the sum of the amounts determined under each of the following paragraphs: (1) Actual damages.--The greater of-- (A) the amount of any actual damage sustained by such person as a result of such failure; or (B) any amount paid by the injured person to the violator. (2) Punitive damages.-- (A) Individual actions.--In the case of any action by an individual, such additional amount as the court may allow. (B) Class actions.--In the case of a class action, the sum of-- (i) the aggregate of the amount which the court may allow for each named plaintiff; and (ii) the aggregate of the amount which the court may allow for each other class member, without regard to any minimum individual recovery. (3) Attorneys' fees.--In the case of any successful action to enforce any liability under paragraph (1) or (2), the costs of the action, together with reasonable attorneys' fees. (b) Factors To Be Considered in Awarding Punitive Damages.--In determining the amount of any liability of any person under section (a), the court shall consider, among other relevant factors-- (1) the frequency and persistence of noncompliance by the violator; (2) the nature of the noncompliance; (3) the extent to which such noncompliance was intentional; and (4) in the case of any class action, the number of consumers adversely affected. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the President for fiscal years 2003, 2004, and 2005, such sums as may be necessary to carry out this Act.", "summary": "Pharmaceutical Products Price Equity Act - Directs the President to issue orders and regulations, and establish procedures and reporting requirements, to ensure that no pharmaceutical product is sold to any consumer in the United States at a price that is more than six percent above the average retail price at which such pharmaceutical product is sold in the five most industrialized, free-market countries, other than the United States. Sets forth enforcement and civil liability provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Prepaid Card Consumer Protection Act of 2010''. SEC. 2. DEFINITIONS. (a) Definition of ``Account''.--Section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a) is amended by striking paragraph (2) and inserting the following: ``(2) the term `account'-- ``(A) means-- ``(i) a demand deposit, savings deposit, or other asset account (other than an occasional or incidental credit balance in an open end credit plan as defined in section 103(i) of this Act), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, including a payroll card account, as defined by the Bureau by rule; and ``(ii) a spending card account, as defined in section 924(a); and ``(B) does not include an account held by a financial institution pursuant to a bona fide trust agreement;''. (b) Definition of ``Financial Institution''.--Section 903(9) of the Electronic Fund Transfer Act (15 U.S.C. 1693a(9)) is amended by striking ``holds an account'' and inserting ``provides or holds an account containing funds''. (c) Technical and Conforming Amendments.--Section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a) is amended-- (1) by redesignating paragraph (4) (relating to the Board of Governors of the Federal Reserve System), as so designated by section 1084(2)(A) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2081), as paragraph (3); and (2) in paragraph (3), as so redesignated by paragraph (1) of this subsection, by striking ``term `Bureau' means the Bureau of Governors'' and inserting ``term `Board' means the Board of Governors''. SEC. 3. SPENDING CARD ACCOUNTS. (a) Spending Card Accounts.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) by redesignating section 923 (15 U.S.C. 1693 note), relating to the effective date of the Electronic Fund Transfer Act, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2060), as section 925; (2) by redesignating section 922 (15 U.S.C. 1693r), relating to exemptions for State regulation, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2060), as section 923; and (3) by inserting after section 923, as redesignated by paragraph (2), the following: ``Sec. 924. Spending card accounts ``(a) Definition.--For purposes of this section, the term `spending card account'-- ``(1) means an asset account, other than as defined in subparagraph (A)(i) or (B) of section 903(2)-- ``(A) that is established by a consumer or on behalf of a consumer; ``(B) that contains the funds of a consumer; ``(C) to which payments are to be made by a consumer, or at the direction of a consumer; ``(D) to which recurring electronic fund transfers may be made, at the direction of a consumer; or ``(E) from which payments may be made at the direction of a consumer through the use of a card, code, or device; ``(2) includes an asset account described in paragraph (1)-- ``(A) that is operated or managed by a financial institution, or any other person; and ``(B) the funds of which are-- ``(i) pooled with the funds of a person other than the person who established the account; or ``(ii) held in a name other than that of the person who established the account; and ``(3) does not include-- ``(A) a nonreloadable general-use prepaid card, as defined in section 915(a)(2)(A), in an amount that does not exceed $250; ``(B) a general-use prepaid card, as defined in section 915(a)(2)(A), that is solely associated with-- ``(i) a health plan to which section 105 of the Internal Revenue Code of 1986 applies; ``(ii) a qualified transportation fringe, as defined in section 132(f) of the Internal Revenue Code of 1986; ``(iii) a health savings account, as defined in section 223(d) of the Internal Revenue Code of 1986; or ``(iv) any other healthcare benefit account, including a healthcare account relating to Medicare or Medicaid benefits; ``(C) a gift certificate, as defined in section 915(a)(2)(B); ``(D) a store gift card, as defined in section 915(a)(2)(C); ``(E) an electronic promise, plastic card, or payment code or device described in clause (i), (v), or (vi) of section 915(a)(2)(D); ``(F) a nonreloadable card labeled as a gift card and marketed solely as a gift card; or ``(G) a nonreloadable loyalty, rebate or promotional card. ``(b) FDIC Insurance.-- ``(1) Insurance required.--A financial institution may only offer electronic fund transfer services in connection with a spending card account if the account is insured under, and complies with the requirements for pass-through deposit insurance under, section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821). ``(2) Transfer of funds.--Any person that accepts funds in connection with an electronic fund transfer to a spending card account shall promptly, and in no event later than 24 hours after the person accepts the funds-- ``(A) transfer such funds to an account at an insured depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c))); or ``(B) credit the spending card account an amount equal to the amount of such funds. ``(c) Alternative to Periodic Statement.-- ``(1) Periodic statement not required.--In the case of an electronic fund transfer from a spending card account, a financial institution shall not be subject to the requirement under section 906(c) to provide a periodic statement to a consumer, if-- ``(A) the financial institution provides to the consumer-- ``(i) access to the account balance of the consumer-- ``(I) through a readily available telephone line; ``(II) through the Internet; and ``(III) at an electronic terminal or other device that allows the consumer to make a balance inquiry, by providing balance information or, routinely or upon request, on a receipt provided at the electronic terminal at the time of an electronic fund transfer; ``(ii) notice of the means by which the consumer may access the account balance of the consumer, including any telephone number; ``(iii) in response to an oral or written request of the consumer, a written record of the account transactions of the consumer during the 2-year period ending on the date of the request that includes the information required to be provided to the consumer under section 906(c); ``(iv) an electronic record, such as a record available on the Internet, of the account transactions of the consumer during the 60-day period ending on the date on which the consumer accesses the electronic record that includes the information required to be provided to the consumer under section 906(c); ``(v) with at least the same frequency as a written periodic statement that would otherwise be required under section 906, notification by email of the availability of an electronic history or an electronic periodic statement, unless the consumer has declined to provide an email address; ``(vi) the option to receive a written periodic statement and notice of such option; ``(vii) annual notice of the error resolution procedure for the spending card account, as prescribed in regulations of the Bureau; and ``(viii) any other transaction information that the financial institution elects to make available and that the consumer elects to receive, such as messages or alerts concerning balance levels or account activity; or ``(B) the consumer does not provide a valid address to the card issuer. ``(2) Fees prohibited.-- ``(A) In general.--Except as provided in subparagraph (B), a financial institution may not charge a fee for any service provided under paragraph (1). ``(B) Fee for written periodic statement.--A financial institution may charge a fee of not more than $1 for each written periodic statement provided under paragraph (1)(A)(vi). ``(3) No election by consumer.--If a consumer does not provide an email address to a financial institution and does not elect to receive written periodic statements under paragraph (1)(A)(vi), the financial institution shall provide a written statement to the consumer at least once each year, at no cost to the consumer, that contains the date, source, and amount of each transaction made or fee charged, together with such additional information as the Bureau may require. ``(d) Limitations on Liability.--For purposes of section 909(a), reimbursement need not be made to a consumer for a loss relating to a spending card account that a financial institution establishes would not have occurred but for the failure of the consumer to report any unauthorized electronic fund transfer or account error-- ``(1) not later than 60 days after the earlier of-- ``(A) the receipt by the consumer of a written account record under subsection (c)(1) that includes the unauthorized electronic fund transfer or account error; or ``(B) the date on which account information that includes the unauthorized electronic fund transfer or account error is provided to or accessed by the consumer under subsection (c); or ``(2) in extenuating circumstances, such as extended travel or hospitalization, within a longer time that is reasonable under the circumstances. ``(e) Fees.-- ``(1) Fees prohibited.--Except as provided in paragraph (2), a financial institution may not charge in connection with a spending card account-- ``(A) an annual fee; ``(B) an overdraft fee, including a fee for shortage or nonsufficient funds, or any other fee for a transaction processed for amounts exceeding the account balance; ``(C) a usage fee for use at the point of sale; ``(D) a fee for a declined transaction; ``(E) a fee for the use of an electronic terminal that is in the network of the issuer; ``(F) an inactivity or dormancy fee; ``(G) a fee for a balance inquiry or access to transaction information; ``(H) a fee for an inquiry to customer service; ``(I) a finance charge or other fee imposed in connection with an extension of credit; ``(J) an account closing fee or a fee to obtain the remaining balance in the spending card account; or ``(K) a fee for any activity not described in paragraph (2). ``(2) Fees permitted.--A financial institution may charge in connection with a spending card account-- ``(A) a fee for a replacement card-- ``(i) of not more than $5 for the first replacement card requested by a consumer during any 12-month period; and ``(ii) that is in addition to the replacement card described in clause (i); ``(B) a fee for expedited delivery of a replacement card; ``(C) a periodic fee, not more frequently than monthly; ``(D) a reload fee, or any other fee for adding value to the spending card account, if the financial institution provides an alternate method for adding value to the spending card account without a fee; ``(E) a fee for a transfer from the spending card account to another account; ``(F) a fee for bill payment by check; ``(G) a fee for a withdrawal by the consumer from an electronic terminal that is-- ``(i) located outside the United States; ``(ii) not in the network of the financial institution, including a fee to cover the costs of any charge to the financial institution by the owner of the electronic terminal relating to the use of the electronic terminal by the consumer; ``(H) a fee for a purchase or a withdrawal in a foreign currency; and ``(I) an activation, initiation, or enrollment fee. ``(3) Disclosure of fee information.-- ``(A) Disclosure required.--Each financial institution that offers a spending card account shall provide to a consumer-- ``(i) together with any application, offer, or solicitation for a spending card account-- ``(I) a table of any fees that may be charged in connection with the spending card account that-- ``(aa) can be easily understood by the consumer; ``(bb) is conspicuously displayed to the consumer before purchase; and ``(cc) includes, at a minimum, the amount and a description of each fee that may be charged by the financial institution under paragraph (2); and ``(II) an estimate of the average total monthly cost to a typical consumer for using the spending card account; ``(ii) on the card or other means of access, a toll-free telephone number and website at which the consumer may access a clear and conspicuous disclosure of the fees that may be charged in connection with the spending card account; and ``(iii) a wallet-sized summary of any fees that may be charged in connection with the spending card account and a toll-free telephone number for customer service relating to the spending card account. ``(B) Regulations.--Not later than 9 months after the date of enactment of the Prepaid Card Consumer Protection Act of 2010, the Bureau shall establish, by regulation-- ``(i) the headings, content, and format of the fee table, estimate, and wallet-sized fee summary required under subparagraph (A); and ``(ii) a profile of the typical consumer for purposes of subparagraph (A)(i)(II).''. (b) Technical and Conforming Amendments.-- (1) Written periodic statements.--Section 906(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693d(c)) is amended, in the first sentence of the matter preceding paragraph (1), by striking ``A financial'' and inserting ``Except as provided in section 923(c), a financial''. (2) Error resolution.--Section 908(a) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(a)) is amended by striking ``or notification pursuant to section 906(b)'' and inserting ``, notification pursuant to section 906(b), or written or electronic documentation pursuant to section 923(c)''. SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date that is 6 months after the date of enactment of this Act.", "summary": "Prepaid Card Consumer Protection Act of 2010 - Amends the Electronic Fund Transfer Act to extend its coverage to spending card accounts (prepaid cards) established by a consumer (or on a consumer's behalf): (1) to which recurring electronic fund transfers may be made, at the consumer's direction, and (2) from which payments may be made, at the consumer's direction, through the use of a card, code, or device. Treats as a spending card account any similar asset account operated or managed by a financial institution, or any other person, whose funds: (1) are pooled with the funds of a person other than the one who established the account, or (2) are held in a name other than that of the person who established the account. Excludes from the meaning of spending card account: (1) any nonreloadable general-use prepaid card in an amount under $250; and (2) any general-use prepaid card solely associated with a certain kind of health plan, a qualified transportation fringe, a health savings account or any other healthcare benefit account, a gift certificate, a store gift card, an electronic promise, plastic card, or payment code, or device, a nonreloadable card labeled as a gift card and marketed solely as such, or a nonreloadable loyalty, rebate, or promotional card. Requires a financial institution to offer electronic fund transfer services in connection with a spending card account only if the account is insured under the Federal Deposit Insurance Act and complies with its pass-through deposit insurance requirements. Requires any person that accepts funds in connection with an electronic fund transfer to a spending card account to: (1) transfer them, within 24 hours after accepting them, to an account at an insured depository institution; or (2) credit the spending card account an amount equal to the amount of such funds. Waives the requirement for providing a consumer with a periodic statement if a financial institution, among other things, provides the consumer with access to the account balance through a readily available telephone line and the Internet and at an electronic terminal or other device (ATM machine) that allows the consumer to make a balance inquiry. Prohibits the charging of fees for services required to meet these requirements, other than $1 for an optional periodic statement. Specifies other fees which may and may not be charged in connection with a spending account card."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Development Act Amendments of 2002''. SEC. 2. PURPOSES. (a) This Act.--The purposes of this Act are-- (1) to reauthorize the Appalachian Regional Development Act of 1965 (40 U.S.C. App.); and (2) to ensure that the people and businesses of the Appalachian region have the knowledge, skills, and access to telecommunication and technology services necessary to compete in the knowledge-based economy of the United States. (b) Appalachian Regional Development Act of 1965.--Section 2 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in subsection (b), by inserting after the third sentence the following: ``Consistent with the goal described in the preceding sentence, the Appalachian region should be able to take advantage of eco-industrial development, which promotes both employment and economic growth and the preservation of natural resources.''; and (2) in subsection (c)(2)(B)(ii), by inserting ``, including eco-industrial development technologies'' before the semicolon. SEC. 3. FUNCTIONS OF THE COMMISSION. Section 102(a) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in paragraph (5), by inserting ``, and support,'' after ``formation of''; (2) in paragraph (7), by striking ``and'' at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(9) encourage the use of eco-industrial development technologies and approaches; and ``(10) seek to coordinate the economic development activities of, and the use of economic development resources by, Federal agencies in the region.''. SEC. 4. INTERAGENCY COORDINATING COUNCIL ON APPALACHIA. Section 104 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) by striking ``The President'' and inserting ``(a) In General.--The President''; and (2) by adding at the end the following: ``(b) Interagency Coordinating Council on Appalachia.-- ``(1) Establishment.--In carrying out subsection (a), the President shall establish an interagency council to be known as the `Interagency Coordinating Council on Appalachia'. ``(2) Membership.--The Council shall be composed of-- ``(A) the Federal Cochairman, who shall serve as Chairperson of the Council; and ``(B) representatives of Federal agencies that carry out economic development programs in the region.''. SEC. 5. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE. Title II of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by inserting after section 202 the following: ``SEC. 203. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE. ``(a) In General.--The Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide funds to persons or entities in the region for projects-- ``(1) to increase affordable access to advanced telecommunications, entrepreneurship, and management technologies or applications in the region; ``(2) to provide education and training in the use of telecommunications and technology; ``(3) to develop programs to increase the readiness of industry groups and businesses in the region to engage in electronic commerce; or ``(4) to support entrepreneurial opportunities for businesses in the information technology sector. ``(b) Source of Funding.-- ``(1) In general.--Assistance under this section may be provided-- ``(A) exclusively from amounts made available to carry out this section; or ``(B) from amounts made available to carry out this section in combination with amounts made available under any other Federal program or from any other source. ``(2) Federal share requirements specified in other laws.-- Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission determines to be appropriate. ``(c) Cost Sharing for Grants.--Not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 226) of the costs of any activity eligible for a grant under this section may be provided from funds appropriated to carry out this section.''. SEC. 6. ENTREPRENEURSHIP INITIATIVE. Title II of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by inserting after section 203 (as added by section 5) the following: ``SEC. 204. ENTREPRENEURSHIP INITIATIVE. ``(a) Definition of Business Incubator Service.--In this section, the term `business incubator service' means a professional or technical service necessary for the initiation and initial sustainment of the operations of a newly established business, including a service such as-- ``(1) a legal service, including aid in preparing a corporate charter, partnership agreement, or basic contract; ``(2) a service in support of the protection of intellectual property through a patent, a trademark, or any other means; ``(3) a service in support of the acquisition and use of advanced technology, including the use of Internet services and Web-based services; and ``(4) consultation on strategic planning, marketing, or advertising. ``(b) Projects To Be Assisted.--The Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide funds to persons or entities in the region for projects-- ``(1) to support the advancement of, and provide, entrepreneurial training and education for youths, students, and businesspersons; ``(2) to improve access to debt and equity capital by such means as facilitating the establishment of development venture capital funds; ``(3) to aid communities in identifying, developing, and implementing development strategies for various sectors of the economy; and ``(4)(A) to develop a working network of business incubators; and ``(B) to support entities that provide business incubator services. ``(c) Source of Funding.-- ``(1) In general.--Assistance under this section may be provided-- ``(A) exclusively from amounts made available to carry out this section; or ``(B) from amounts made available to carry out this section in combination with amounts made available under any other Federal program or from any other source. ``(2) Federal share requirements specified in other laws.-- Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission determines to be appropriate. ``(d) Cost Sharing for Grants.--Not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 226) of the costs of any activity eligible for a grant under this section may be provided from funds appropriated to carry out this section.''. SEC. 7. REGIONAL SKILLS PARTNERSHIPS. Title II of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by inserting after section 204 (as added by section 6) the following: ``SEC. 205. REGIONAL SKILLS PARTNERSHIPS. ``(a) Definition of Eligible Entity.--In this section, the term `eligible entity' means a consortium that-- ``(1) is established to serve 1 or more industries in a specified geographic area; and ``(2) consists of representatives of-- ``(A) businesses (or a nonprofit organization that represents businesses); ``(B) labor organizations; ``(C) State and local governments; or ``(D) educational institutions. ``(b) Projects To Be Assisted.--The Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide funds to eligible entities in the region for projects to improve the job skills of workers for a specified industry, including projects for-- ``(1) the assessment of training and job skill needs for the industry; ``(2) the development of curricula and training methods, including, in appropriate cases, electronic learning or technology- based training; ``(3)(A) the identification of training providers; and ``(B) the development of partnerships between the industry and educational institutions, including community colleges; ``(4) the development of apprenticeship programs; ``(5) the development of training programs for workers, including dislocated workers; and ``(6) the development of training plans for businesses. ``(c) Administrative Costs.--An eligible entity may use not more than 10 percent of the funds made available to the eligible entity under subsection (b) to pay administrative costs associated with the projects described in subsection (b). ``(d) Source of Funding.-- ``(1) In general.--Assistance under this section may be provided-- ``(A) exclusively from amounts made available to carry out this section; or ``(B) from amounts made available to carry out this section in combination with amounts made available under any other Federal program or from any other source. ``(2) Federal share requirements specified in other laws.-- Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission determines to be appropriate. ``(e) Cost Sharing for Grants.--Not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 226) of the costs of any activity eligible for a grant under this section may be provided from funds appropriated to carry out this section.''. SEC. 8. PROGRAM DEVELOPMENT CRITERIA. (a) Elimination of Growth Center Criteria.--Section 224(a)(1) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``in an area determined by the State have a significant potential for growth or''. (b) Assistance to Distressed Counties and Areas.--Section 224 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by adding at the end the following: ``(d) Assistance to Distressed Counties and Areas.--For fiscal year 2003 and each fiscal year thereafter, not less than 50 percent of the amount of grant expenditures approved by the Commission shall support activities or projects that benefit severely and persistently distressed counties and areas.''. SEC. 9. GRANTS FOR ADMINISTRATIVE EXPENSES OF LOCAL DEVELOPMENT DISTRICTS. Section 302(a)(1)(A)(i) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by inserting ``(or, at the discretion of the Commission, 75 percent of such expenses in the case of a local development district that has a charter or authority that includes the economic development of a county or part of a county for which a distressed county designation is in effect under section 226)'' after ``such expenses''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 401 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended to read as follows: ``SEC. 401. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--In addition to amounts authorized by section 201 and other amounts made available for the Appalachian development highway system program, there are authorized to be appropriated to the Commission to carry out this Act-- ``(1) $88,000,000 for each of fiscal years 2002 through 2004; ``(2) $90,000,000 for fiscal year 2005; and ``(3) $92,000,000 for fiscal year 2006. ``(b) Telecommunications and Technology Initiative.--Of the amounts made available under subsection (a), the following amounts may be made available to carry out section 203: ``(1) $10,000,000 for fiscal year 2002. ``(2) $8,000,000 for fiscal year 2003. ``(3) $5,000,000 for each of fiscal years 2004 through 2006. ``(c) Availability.--Sums made available under subsection (a) shall remain available until expended.''. SEC. 11. ADDITION OF COUNTIES TO APPALACHIAN REGION. Section 403 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in the third undesignated paragraph (relating to Kentucky)-- (A) by inserting ``Edmonson,'' after ``Cumberland,''; (B) by inserting ``Hart,'' after ``Harlan,''; and (C) by striking ``Montogomery,'' and inserting ``Montgomery,''; and (2) in the fifth undesignated paragraph (relating to Mississippi)-- (A) by inserting ``Montgomery,'' after ``Monroe,''; and (B) by inserting ``Panola,'' after ``Oktibbeha,''. SEC. 12. TERMINATION. Section 405 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``2001'' and inserting ``2006''. SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 101(b) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended in the third sentence by striking ``implementing investment program'' and inserting ``strategy statement''. (b) Section 106(7) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``expiring no later than September 30, 2001''. (c) Sections 202, 214, and 302(a)(1)(C) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) are amended by striking ``grant-in-aid programs'' each place it appears and inserting ``grant programs''. (d) Section 202(a) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended in the second sentence by striking ``title VI of the Public Health Service Act (42 U.S.C. 291-291o), the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (77 Stat. 282),'' and inserting ``title VI of the Public Health Service Act (42 U.S.C. 291 et seq.), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.),''. (e) Section 207(a) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``section 221 of the National Housing Act, section 8 of the United States Housing Act of 1937, section 515 of the Housing Act of 1949,'' and inserting ``section 221 of the National Housing Act (12 U.S.C. 1715l), section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), section 515 of the Housing Act of 1949 (42 U.S.C. 1485),''. (f) Section 214 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in the section heading, by striking ``grant-in-aid'' and inserting ``grant''; (2) in subsection (a)-- (A) by striking ``grant-in-aid Act'' each place it appears and inserting ``Act''; (B) in the first sentence, by striking ``grant-in-aid Acts'' and inserting ``Acts''; (C) by striking ``grant-in-aid program'' each place it appears and inserting ``grant program''; and (D) by striking the third sentence; (3) by striking subsection (c) and inserting the following: ``(c) Definition of Federal Grant Program.-- ``(1) In general.--In this section, the term `Federal grant program' means any Federal grant program authorized by this Act or any other Act that provides assistance for-- ``(A) the acquisition or development of land; ``(B) the construction or equipment of facilities; or ``(C) any other community or economic development or economic adjustment activity. ``(2) Inclusions.--In this section, the term `Federal grant program' includes a Federal grant program such as a Federal grant program authorized by-- ``(A) the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.); ``(B) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); ``(C) the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.); ``(D) the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.); ``(E) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(F) title VI of the Public Health Service Act (42 U.S.C. 291 et seq.); ``(G) sections 201 and 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141, 3149); ``(H) title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); or ``(I) part IV of title III of the Communications Act of 1934 (47 U.S.C. 390 et seq.). ``(3) Exclusions.--In this section, the term `Federal grant program' does not include-- ``(A) the program for construction of the Appalachian development highway system authorized by section 201; ``(B) any program relating to highway or road construction authorized by title 23, United States Code; or ``(C) any other program under this Act or any other Act to the extent that a form of financial assistance other than a grant is authorized.''; and (4) by striking subsection (d). (g) Section 224(a)(2) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``relative per capita income'' and inserting ``per capita market income''. (h) Section 225 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.)-- (1) in subsection (a)(3), by striking ``development program'' and inserting ``development strategies''; and (2) in subsection (c)(2), by striking ``development programs'' and inserting ``development strategies''. (i) Section 303 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in the section heading, by striking ``investment programs'' and inserting ``strategy statements''; (2) in the first sentence, by striking ``implementing investments programs'' and inserting ``strategy statements''; and (3) by striking ``implementing investment program'' each place it appears and inserting ``strategy statement''. (j) Section 403 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended in the next-to-last undesignated paragraph by striking ``Committee on Public Works and Transportation'' and inserting ``Committee on Transportation and Infrastructure''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Appalachian Regional Development Act Amendments of 2002 - Amends the Appalachian Regional Development Act of 1965 to include as functions of the Appalachian Regional Commission that it: (1) support local development districts; (2) encourage the use of eco-industrial development technologies and approaches; and (3) seek to coordinate economic development activities of, and the use of economic development resources by, Federal agencies in the Appalachian region.(Sec. 4) Directs the President to establish the Interagency Coordinating Council on Appalachia.(Sec. 5) Authorizes the Commission to provide technical assistance and make grants, enter into contracts, and otherwise provide funds to persons or entities in the region for projects to: (1) increase affordable access to advanced telecommunications, entrepreneurship, and management technologies or applications; (2) provide education and training in the use of telecommunications and technology; (3) develop programs to increase the readiness of industry groups and businesses in the region to engage in electronic commerce; or (4) support entrepreneurial opportunities for businesses in the information technology sector.(Sec. 6) Authorizes the Commission to provide technical assistance, make grants, enter into contracts, or otherwise provide funds to persons or entities in the region for projects to: (1) support the advancement of, and provide, entrepreneurial training and education for youths, students, and businesspersons; (2) improve access to debt and equity capital, by such means as the establishment of development venture capital funds; (3) aid communities in identifying, developing, and implementing development strategies for various sectors of the economy; and (4) develop a working network of business incubators and to support entities that provide business incubator services. Defines \"business incubator service\" as a professional or technical service necessary for the initiation and initial sustainment of the operations of a newly established business.(Sec. 7) Authorizes the Commission to provide technical assistance, make grants, enter into contracts, or otherwise provide funds to eligible entities in the region for projects to improve the job skills of workers in a specified industry. Limits all grants under this Act to 50 percent of project costs or 80 percent for projects carried out in distress-designated counties.(Sec. 8) Eliminates from criteria for programs and projects to be given assistance under the Act that an area have significant growth potential. Requires that, for FY 2003 and each fiscal year thereafter, not less than 50 percent of the amount of grant expenditures approved by the Commission support activities or projects that benefit severely and persistently distressed counties and areas.(Sec. 9) Allows, at the Commission's discretion, for coverage of up to 75 percent of the administrative expenses of local development districts that have a charter or authority that includes the economic development of a county for which a distressed county designation is in effect.(Sec. 10) Extends through FY 2006 the authorization of appropriations for: (1) carrying out the Act; and (2) the telecommunications and technology initiative.(Sec. 11) Adds Edmonson and Hart ( Kentucky), and Montgomery and Panola (Mississippi) to the counties included in the Appalachian region.(Sec. 12) Extends the deadline for the termination of certain provisions of the Act to October 1, 2006."}
{"article": "SECTION 1. AIR FORCE ROLE IN MANAGEMENT OF CIVIL AIR PATROL AS CIVILIAN AUXILIARY OF THE AIR FORCE. (a) In General.--Chapter 909 of title 10, United States Code, is amended-- (1) by redesignating section 9442 as section 9443; and (2) by inserting after section 9441 the following new section: ``Sec. 9442. Air Force role in management ``(a) Administrative Responsibility.--In its capacity as a federally chartered corporation under chapter 403 of title 36 and a volunteer civilian auxiliary of the Air Force, the Civil Air Patrol shall be administered by the Chief of Staff of the Air Force, under the direction of the Secretary of the Air Force. For command, control, and administrative purposes, the Civil Air Patrol shall have such organizational elements as are approved by the Secretary of the Air Force in regulations. ``(b) Board of Directors.--(1) The Secretary of the Air Force shall appoint a National Board of Directors for the Civil Air Patrol. The National Board of Directors shall be composed of the following: ``(A) General officers of the Air Force, including the Air Force Reserve and Air National Guard. ``(B) Senior civilian employees of the Department of the Air Force. ``(C) Members appointed from the volunteer Civil Air Patrol membership. ``(2) The chairman of the National Board of Directors shall be the member of the Board who is the senior active duty Air Force officer. The members of the Board appointed under paragraph (1)(C) may not exceed a minority of the Board. ``(c) Executive Direction.--(1) The National Board of Directors shall appoint for the Civil Air Patrol the following: ``(A) A National Commander, to be appointed from the civilian volunteer membership of the Civil Air Patrol. ``(B) An Executive Director. ``(C) A Safety Officer. ``(D) An Inspector General. ``(2) The Executive Director, Safety Officer, and Inspector General appointed under paragraph (1) shall report directly to the Secretary of the Air Force through the National Board of Directors. ``(3) The Chief of Staff of the Air Force may assign officers and enlisted members of the Air Force on active duty and civilian employees of the Department of the Air Force to serve on the staff of the national headquarters of the Civil Air Patrol. ``(d) Effect of Appointment or Assignment.--(1) The appointment or assignment of members of the armed forces or civilian employees under subsection (b) or (c) is not precluded by any law or regulation prohibiting active duty members of the armed forces or civilian employees from participating in the management of non-Federal entities. ``(2) An officer or enlisted member of the Air Force appointed to or assigned to duty in a Civil Air Patrol management position specified in subsection (b) or (c) shall not receive any compensation, other than the regular military compensation to which the officer or member is otherwise entitled, as a result of the appointment or assignment. ``(e) Use of Civil Air Patrol Members and Employees.--(1) The Executive Director and National Board of Directors may use such Civil Air Patrol employees and volunteer Civil Air Patrol members as the Executive Director and National Board of Directors considers necessary to administer the Civil Air Patrol and to ensure that it is capable of assisting the Department of the Air Force in the performance of its noncombat mission. ``(2) Except as provided in section 9441(c) of this title, a member of the Civil Air Patrol or an employee of the Civil Air Patrol is not a Federal employee and is not subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, Federal employee benefits, ethics, conflicts of interest, and other similar criminal or civil statutes and regulations governing the conduct of Federal employees. However, nothing in this paragraph shall constrain the Secretary of the Air Force from prescribing standards of conduct and behavior for Civil Air Patrol members and employees. ``(f) Funds Management.--All funds provided to the Civil Air Patrol under subsections (b) and (d) of section 9441 of this title, or any other provision of law, are subject to the requirements of sections 6304 and 6305 of title 31 (commonly known as the Federal Grant and Cooperative Agreement Act) and the Federal regulations governing the provision of appropriated funds to private, nonprofit organizations. ``(g) Relation to Federal Charter.--The powers granted to the Civil Air Patrol in section 40304 of title 36, including the power to adopt a constitution, bylaws, and regulations, are subject to the approval of the Secretary of the Air Force under the authority granted to the Secretary by this section and are subject to any policies, regulations, or instructions issued by the Secretary under that authority.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 9442 and inserting the following new items: ``9442. Air Force role in management. ``9443. Assistance by other agencies.''.", "summary": "Provides for the use of Patrol members and employees (not to be considered Federal employees)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Removal of Terrorist Criminal Aliens Act of 2003''. SEC. 2. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS. (a) In General.--Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 238 the following: ``SEC. 238A. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS. ``(a) In General.--The Secretary of Homeland Security, in such Secretary's discretion, may in the case of an alien described in subsection (b), determine whether such alien is deportable and issue a final order of removal pursuant to the procedures set forth in this section. ``(b) Aliens Described.--An alien is described in this subsection if-- ``(1) the alien, whether or not admitted into the United States, was convicted of any criminal offense described in paragraph (2), (3)(B), or (6) of section 237(a) (without regard to the date of the commission of the offense); and ``(2) the Secretary of Homeland Security, in such Secretary's discretion and in consultation with appropriate heads of agencies of the executive branch, certifies that the alien is engaged in any activity that endangers the national security of the United States. ``(c) Execution of Order.-- ``(1) In general.--The Secretary of Homeland Security, in such Secretary's discretion, may at any time execute any order described in subsection (a), except-- ``(A) during the 14-day period commencing after the date on which such order is issued, in order that the alien has an opportunity to apply for judicial review under section 242, unless this subparagraph is waived by the alien; or ``(B) if the removal has been stayed under section 242(f)(2). ``(2) Review.--Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, no court other than a court of appeals pursuant to its jurisdiction under section 242 of this Act shall have jurisdiction to review or set aside any order, action, or decision taken or issued pursuant to this section. Review in the court of appeals shall be limited to determining whether the petitioner is-- ``(A) an alien; and ``(B) subject to a final judgment of conviction for an offense described in paragraph (2), (3)(B), or (6) of section 237(a). ``(d) Regulations.--Proceedings before the Secretary of Homeland Security under this section shall be in accordance with such regulations as such Secretary shall prescribe. Such regulations shall provide that-- ``(1) the alien shall be given reasonable notice of the grounds for removal alleged and of the opportunity described in paragraph (3); ``(2) the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the alien shall choose; ``(3) the alien shall have a reasonable opportunity to inspect the evidence and rebut the charges that the alien is subject to a final judgment of conviction for an offense described in paragraph (2), (3)(B), or (6) of section 237(a); ``(4) a determination shall be made on the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice; ``(5) a record shall be maintained for judicial review; and ``(6) the final order of removal may not be adjudicated by the same person who issues the charges. ``(e) Eligibility for Certain Relief.--No alien described in subsection (b), regardless of whether the alien is subject to procedures under this section or to proceedings under section 240, shall be eligible for withholding under section 241(b)(3) or for any discretionary relief from removal under the immigration laws of the United States.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 238 the following: ``238A. Expedited removal of terrorist criminal aliens.''. SEC. 3. ADDITIONAL REMOVAL AUTHORITIES. (a) In General.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) in each of subparagraphs (A) and (B), by striking the period at the end and inserting ``unless, in the opinion of the Secretary of Homeland Security, removing the alien to such country would be prejudicial to the United States.''; and (C) by amending subparagraph (C) to read as follows: ``(C) Alternative countries.--If the alien is not removed to a country designated in subparagraph (A) or (B), the Secretary of Homeland Security may, in such Secretary's discretion, remove the alien to-- ``(i) the country of which the alien is a citizen, subject, or national, unless the country prevents the alien from entering the country upon the alien's removal there; or ``(ii) any country whose government will accept the alien into that country.''; and (2) in paragraph (2)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) by amending subparagraph (D) to read as follows: ``(D) Alternative countries.--If the alien is not removed to a country designated under subparagraph (A)(i), the Secretary of Homeland Security may, in such Secretary's discretion, remove the alien to a country of which the alien is a subject, national, or citizen, unless-- ``(i) the country prevents the alien from entering the country upon the alien's removal there; or ``(ii) in the opinion of the Secretary of Homeland Security, removing the alien to the country would be prejudicial to the United States.''; and (C) by amending subparagraph (E)(vii) to read as follows: ``(vii) Any country whose government will accept the alien into that country.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any deportation, exclusion, or removal on or after such date pursuant to any deportation, exclusion, or removal order, regardless of whether such order is administratively final before, on, or after such date. SEC. 4. REMOVAL OF ALIENS POSING A DANGER TO NATIONAL SECURITY. Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following: ``(E) National security.-- ``(i) Aliens other than lawful permanent residents.--An alien, other than an alien lawfully admitted for permanent residence, whose presence or activities in the United States the Attorney General or the Secretary of Homeland Security has reason to believe poses or pose a danger to the national security of the United States (as defined in section 219(c)(2)), is deportable. ``(ii) Delegation.--Delegation by the Attorney General and the Secretary of Homeland Security of authority to make determinations for the purpose of establishing deportability under this subparagraph shall be limited to the Deputy Attorney General and the Deputy Secretary of Homeland Security, respectively. ``(iii) Best available information.--In making determinations for the purpose of establishing whether an alien is deportable under this subparagraph, the Attorney General or the Deputy Attorney General, and the Secretary of Homeland Security or Deputy Secretary of Homeland Security, may take into account the best available information from the intelligence community, including confidential or national security information, and shall consult with appropriate heads of agencies of the executive branch. ``(iv) Judicial review.--A determination made under this subparagraph shall be affirmed if challenged in Federal court where a facially legitimate and bona fide reason in support of the determination is provided. ``(v) Relief and withholding.--An alien who is deportable under this subparagraph shall not be eligible for any discretionary relief from removal or for withholding of removal under section 241(b)(3). Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, no court shall have jurisdiction to review a denial of relief or withholding made pursuant to this clause.''.", "summary": "Removal of Terrorist Criminal Aliens Act of 2003 - Amends the Immigration and Nationality Act to establish procedures for the expedited removal of a terrorist criminal alien, and authorizes the Secretary of Homeland Security to issue a final order of removal under such provisions. Limits judicial review respecting such an order, action, or decision. Makes such an alien ineligible for certain discretionary relief from removal. Revises provisions respecting countries to which an alien may be removed. Includes among the classes of deportable aliens a non-permanent resident alien who poses a danger or national security threat to the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Teenage Pregnancy Reduction Act of 1996''. SEC. 2. EVALUATION OF EFFECTIVE PROGRAMS FOR PREVENTION OF TEENAGE PREGNANCY. (a) In General.--The Secretary of Health and Human Services shall (directly or through grants or contracts awarded to public or nonprofit private entities) arrange for the evaluation of a wide variety of promising programs designed in whole or part to prevent pregnancy in teenagers, including programs that do not receive grants from the Federal Government for the operation of the programs. The purpose of the evaluation shall be the determination of-- (1) the factors contributing to the effectiveness of the programs; and (2) methods for replicating the programs in other locations. (b) Participation of Federal Agencies and Private Organizations.-- In carrying out the evaluation under subsection (a), the Secretary shall as appropriate-- (1) provide for the participation of the Director of the Centers for Disease Control and Prevention, the Director of the Office of Population Affairs, the Assistant Secretary for Children and Families, and the Director of the National Institute of Child Health and Human Development; and (2) provide for the participation of private organizations, including the National Campaign to Prevent Teen Pregnancy, a nonpartisan organization. (c) Design of Evaluation.--Subject to subsection (d), the Secretary shall select a design for the evaluation under subsection (a) from among proposals that-- (1) provide for the evaluation of programs in various geographic regions; (2) with respect to the populations served by the programs, provide for determining factors that are specific to various socioeconomic groups and various racial and ethnic minority groups; (3) provide for recommendations for future programs designed to reduce the rate of teen pregnancy; and (4) meet such criteria as the Secretary may establish. (d) Measures of Effectiveness.--The Secretary shall define the measures of effectiveness used in evaluating the programs designed to reduce the rate of teenage pregnancy, and shall include a variety of measures of effectiveness in the definition. (e) Scientific Peer Review.--The Secretary may provide funds for a proposal pursuant to subsection (a) only if the proposal has been recommended for approval pursuant to a process of scientific peer review utilizing one or more panels of experts. Such panels shall include experts from public entities and from private entities. (f) Submission of Report to Congress and Secretary.--Not later than December 1, 1999, the evaluation under subsection (a) shall be completed and a report describing the findings made in the evaluation shall be submitted to the Congress and to the Secretary. (g) Dissemination of Information.--After the submission of the report under subsection (f), the Secretary shall disseminate the findings presented in the report. The categories of individuals to whom the information is disseminated shall include administrators of prevention programs, public and private entities that provide financial support to such programs, professional medical associations, entities providing public health services, entities providing social work services, and school administrators. (h) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $3,500,000 for each of the fiscal years 1997 through 1999. SEC. 3. NATIONAL CLEARINGHOUSE ON PREVENTION PROGRAMS. (a) In General.--Not later than 180 days after the completion of the evaluation under section 2, the Secretary shall (directly or though grants or contracts awarded to public or nonprofit private entities) establish an information clearinghouse to be known as the National Clearinghouse on Teenage Pregnancy Prevention Programs (in this section referred to as the ``Clearinghouse''). (b) Functions.--The Clearinghouse shall carry out the following activities: (1) Collect, maintain, and disseminate information on prevention programs, including information on the following: (A) The state of program development. (B) All types of prevention programs. (C) Findings made in the report submitted under section 2(f). (2) Develop networks of prevention programs for the purpose of sharing and disseminating information. (3) Develop and disseminate materials that provide technical assistance to public and private entities in establishing or improving prevention programs. (4) Participate in activities designed to encourage and enhance public media campaigns regarding pregnancy in teenagers. (5) Such other activities as will assist in the development and carrying out of activities to reduce pregnancy in teenagers. (c) Dissemination to Certain Entities.--The categories of entities to which the Clearinghouse disseminates information shall include administrators of prevention programs, public and private entities that provide financial support to such programs, professional medical associations, entities providing public health services, entities providing social work services, and school administrators. (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2000 through 2003. SEC. 4. ONE-TIME INCENTIVE GRANTS FOR EFFECTIVE PREVENTION PROGRAMS. (a) In General.--In the case of a prevention program that pursuant to the evaluation under section 2 has been found to be effective, the Secretary may under this section make not more than one grant to the entity that operates the program. The purpose of the grant shall be to assist the entity with the expenses of operating the program. (b) Authorization of Appropriations.--For carrying out subsection (a), there is authorized to be appropriated $10,000,000, in the aggregate, for the fiscal years 2000 through 2003. Such authorization is in addition to any other authorization of appropriations that is available for making grants for the operational expenses of prevention programs. SEC. 5. DEFINITIONS. (a) Prevention Programs.-- (1) Rule of construction.--The provisions of this Act apply with respect to a prevention program without regard to which of the various programmatic approaches for the prevention of pregnancy in teenagers (as defined in paragraph (2)) is the focus of the program. (2) Programmatic approaches.--For purposes of this Act, the term ``programmatic approaches'', with respect to prevention programs, includes advocating abstinence from sexual relations; providing family planning services (including contraception); fostering academic achievement; mentoring by adults; providing employment assistance or job training; providing professional counseling or peer counseling; providing for recreational or social events; and any combination thereof. (b) Other Definitions.--For purposes of this Act: (1) The term ``prevention program'' means a program for the prevention of pregnancy in teenagers. (2) The term ``Secretary'' means the Secretary of Health and Human Services.", "summary": "Teenage Pregnancy Reduction Act of 1996 - Mandates evaluation (directly or through grants or contracts) of a wide variety of promising programs to prevent teenage pregnancy, including programs that do not receive Federal grants. Mandates scientific peer review of evaluation proposals. Authorizes appropriations. Mandates establishment (directly or through grants or contracts) of the National Clearinghouse on Teenage Pregnancy Prevention Programs. Authorizes appropriations. Authorizes an operating grant to a program found (by the evaluation under this Act) to be effective. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Bicycle Helmet Safety Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) 90 million Americans ride bicycles and 20 million ride a bicycle more than once a week; (2) between 1984 and 1988, 2,985 bicyclists in the United States died from head injuries and 905,752 suffered head injuries that were treated in hospital emergency rooms; (3) 41 percent of bicycle-related head injury deaths and 76 percent of bicycle-related head injuries occurred among American children under age 15; (4) deaths and injuries from bicycle accidents cost society $7.6 billion annually; and a child suffering from a head injury, on average, will cost society $4.5 million over the child's lifetime; (5) universal use of bicycle helmets in the United States would have prevented 2,600 deaths from head injuries and 757,000 injuries; and (6) only 5 percent of children in the Nation who ride bicycles wear helmets. SEC. 3. ESTABLISHMENT OF PROGRAM. The Administrator of the National Highway Traffic Safety Administration may, in accordance with section 4, make grants to States, State political subdivisions, and nonprofit organizations for programs that require or encourage individuals under the age of 16 to wear approved bicycle helmets. In making those grants, the Administrator shall allow grantees to use wide discretion in designing programs that effectively promote increased bicycle helmet use. SEC. 4. PURPOSES FOR GRANTS. A grant made under section 3 may be used by a grantee to-- (1) enforce a law that requires individuals under the age of 16 to wear approved bicycle helmets on their heads while riding on bicycles; (2) assist individuals under the age of 16 to acquire approved bicycle helmets; (3) develop and administer a program to educate individuals under the age of 16 and their families on the importance of wearing such helmets in order to improve bicycle safety; or (4) carry out any combination of the activities described in paragraphs (1), (2), and (3). SEC. 5. STANDARDS. (a) In General.--Bicycle helmets manufactured 9 months or more after the date of the enactment of this Act shall conform to-- (1) any interim standard described under subsection (b), pending the establishment of a final standard pursuant to subsection (c); and (2) the final standard, once it has been established under subsection (c). (b) Interim Standards.--The interim standards are as follows: (1) The American National Standards Institute standard designated as ``Z90.4-1984''. (2) The Snell Memorial Foundation standard designated as ``B-90''. (3) Any other standard that the Consumer Product Safety Commission determines is appropriate. (c) Final Standard.--Not later than 60 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall begin a proceeding under section 553 of title 5, United States Code, to-- (1) review the requirements of the interim standards set forth in subsection (a) and establish a final standard based on such requirements; (2) include in the final standard a provision to protect against the risk of helmets coming off the heads of bicycle riders; (3) include in the final standard provisions that address the risk of injury to children; and (4) include additional provisions as appropriate. Sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) shall not apply to the proceeding under this subsection and section 11 of such Act (15 U.S.C. 2060) shall not apply with respect to any standard issued under such proceeding. The final standard shall take effect 1 year from the date it is issued. (d) Failure To Meet Standards.-- (1) Failure to meet interim standard.--Until the final standard takes effect, a bicycle helmet that does not conform to an interim standard as required under subsection (a)(1) shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act. (2) Status of final standard.--The final standard developed under subsection (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. For the National Highway Traffic Safety Administration to carry out the grant program authorized by this Act, there are authorized to be appropriated $2,000,000 for fiscal year 1994, $3,000,000 for fiscal year 1995, and $4,000,000 for fiscal year 1996. SEC. 7. DEFINITION. In this Act, the term ``approved bicycle helmet'' means a bicycle helmet that meets-- (1) any interim standard described in section 5(b), pending establishment of a final standard under section 5(c); and (2) the final standard, once it is established under section 5(c).", "summary": "Children's Bicycle Helmet Safety Act of 1993 - Authorizes the Administrator of the National Highway Traffic Safety Administration to make grants to States, political subdivisions, and nonprofit organizations for programs that require or encourage individuals under age 16 to wear approved bicycle helmets. Specifies that such grants may be used to: (1) enforce a law that requires such individuals to wear approved bicycle helmets; (2) assist such individuals to acquire such helmets; and (3) develop and adminster a program to educate such individuals and their families on the importance of wearing such helmets. Sets interim standards for bicycle helmets and provides that a helmet that does not conform shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act (CPSA). Directs the Consumer Product Safety Commission to begin a proceeding to review the requirements of the interim standards and establish a final standard that includes provisions to protect against the risk of helmets coming off the heads of bicycle riders and to address the risk of injury to children. Specifies that the final standard shall be considered a consumer product safety standard under the CPSA. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Employment Verification Reauthorization Act of 2008''. SEC. 2. PERMANENT EXTENSION OF EMPLOYMENT ELIGIBILITY CONFIRMATION PILOT PROGRAMS. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended by striking ``Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program at the end of the 11-year period beginning on the first day the pilot program is in effect.''. SEC. 3. REDESIGNATION OF BASIC PILOT PROGRAM. Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), and 405(b)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) are amended by striking ``basic pilot program'' each place that term appears and inserting ``E-Verify Program''. SEC. 4. REQUIRED PARTICIPATION BY UNITED STATES CONTRACTORS. Section 402(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) United states contractors.--Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in the E-Verify Program and shall comply with the terms and conditions of such election.''. SEC. 5. CHECKING THE IMMIGRATION STATUS OF EMPLOYEES. Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended-- (1) by striking ``The person'' and inserting the following: ``(i) Upon hiring.--The person''; and (2) by adding at the end the following: ``(ii) Existing employees.--An employer that elects to verify the employment eligibility of existing employees shall verify the employment eligibility of all such employees not later than 10 days after notifying the Secretary of Homeland Security of such election. ``(iii) Required participation.--The Secretary of Homeland Security may require any employer or class of employers to participate in the E-Verify Program with respect to individuals employed as of, or hired after, the date of the enactment of the Electronic Employment Verification Reauthorization Act of 2008 if the Secretary has reasonable cause to believe that the employer has engaged in material violations of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. SEC. 6. REVERIFICATION. Section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended by adding at the end the following: ``(5) Reverification.--Each employer participating in the E-Verify Program shall use the confirmation system to reverify the work authorization of any individual not later than 3 days after the date on which such individual's employment authorization is scheduled to expire, as indicated by the documents that the individual provided to the employer pursuant to section 274A(b), in accordance with the procedures otherwise applicable to the verification of a newly hired employee under this subsection.''. SEC. 7. SMALL BUSINESS DEMONSTRATION PROGRAM. Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Small Business Demonstration Program.--The Director of United States Citizenship and Immigration Services shall establish, in a rural setting or in an area with fewer than 10,000 residents, a demonstration program that assists small businesses in verifying the employment eligibility of their newly hired employees.''. SEC. 8. INTERAGENCY NONCONFIRMATION REPORT. Section 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.--The Director of United States Citizenship and Immigration Services shall submit a monthly report to the Assistant Secretary of Immigration and Customs Enforcement that includes, for each person who receives final nonconfirmation through the E-Verify Program-- ``(1) the name of such person; ``(2) his or her Social Security number or alien file number; ``(3) the name and contact information for his or her current employer; and ``(4) any other critical information that the Assistant Secretary determines to be appropriate. ``(d) Use of Monthly Report.--The Secretary of Homeland Security may use information provided under subsection (c) to enforce compliance of the immigration laws of the United States.''.", "summary": "Electronic Employment Verification Reauthorization Act of 2008 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the employment eligibility confirmation pilot programs permanent. Redesignates the basic pilot program as the E-verify program (program). Requires that any person or employer that enters into a federal contract participate in the program. Requires that an employer electing to verify the employment eligibility of existing employees do so not later than 10 days after notifying the Secretary of Homeland Security of such election. Authorizes the Secretary to require an employer or class of employers to participate in the program if the Secretary has reasonable cause to believe that the employer has engaged in material employment violations under the Immigration and Nationality Act. Requires that an employer participating in the program use the confirmation system to reverify an individual's work authorization not later than three days after the date on which such individual's employment authorization is scheduled to expire. Requires that the Director of United States Citizenship and Immigration Services establish in a rural setting or in an area with fewer than 10,000 residents a demonstration program to assist small businesses verify the employment eligibility of newly hired employees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Abuse and Fraud in Electronic Lending Act of 2018'' or the ``SAFE Lending Act of 2018''. SEC. 2. CONSUMER CONTROL OVER BANK ACCOUNTS. (a) Prohibiting Unauthorized Remotely Created Checks.--Section 905 of the Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by adding at the end the following: ``(d) Limitations on Remotely Created Checks.-- ``(1) Definition.--In this subsection-- ``(A) the term `remotely created check' means a check, including a paper or electronic check and any other payment order that the Bureau, by rule, determines is appropriately covered under this subsection, that-- ``(i) is not created by the financial institution that holds the customer account from which the check is to be paid; and ``(ii) does not bear a signature applied, or purported to be applied, by the person from whose account the check is to be paid; and ``(B) the term `Federal consumer financial law' has the meaning given the term in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481). ``(2) Limitations.--Subject to the limitations in paragraph (3) and any additional limitations that the Bureau may establish, by rule, a remotely created check may only be issued by a person designated in writing by a consumer with that written designation specifically provided by the consumer to the insured depository institution at which the consumer maintains the account from which the check is to be drawn. ``(3) Additional limitations.-- ``(A) In general.--A designation provided by a consumer under paragraph (2) may be revoked at any time by the consumer. ``(B) Consumer financial protection laws.--No payment order, including a remotely created check, may be issued by any person in response to the exercise of, or attempt to exercise, any right by a consumer under-- ``(i) any Federal consumer financial law; or ``(ii) any other provision of any law or regulation within the jurisdiction of the Bureau.''. (b) Consumer Protections for Certain One-Time Electronic Fund Transfers.--Section 913 of the Electronic Fund Transfer Act (15 U.S.C. 1693k) is amended-- (1) in the matter preceding paragraph (1), by inserting ``(a) In General.--'' before ``No person''; (2) in subsection (a)(1), as so designated, by striking ``preauthorized electronic fund transfers'' and inserting ``an electronic fund transfer''; and (3) by adding at the end the following: ``(b) Treatment for Electronic Fund Transfers in Credit Extensions.--If a consumer voluntarily agrees to repay an extension of a small-dollar consumer credit transaction, as defined in section 110(a) of the Truth in Lending Act, by means of an electronic fund transfer, the electronic fund transfer shall be treated as a preauthorized electronic fund transfer subject to the protections of this title.''. SEC. 3. TRANSPARENCY AND CONSUMER EMPOWERMENT IN SMALL-DOLLAR LENDING. (a) Small-Dollar Consumer Credit Transactions.-- (1) In general.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended-- (A) by inserting after section 109 (15 U.S.C. 1608) the following: ``SEC. 110. REGISTRATION REQUIREMENT FOR SMALL-DOLLAR LENDERS. ``(a) Definition.--In this section, the term `small-dollar consumer credit transaction'-- ``(1) means any transaction that extends credit that is-- ``(A) made to a consumer in an amount that-- ``(i) is not more than-- ``(I) $5,000; or ``(II) such greater amount as the Bureau may, by rule, determine; and ``(ii) shall be adjusted annually to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor; and ``(B) extended pursuant to an agreement that is-- ``(i)(I) other than an open end credit plan; and ``(II) payable in one or more installments of less than 12 months (or such longer period as the Bureau may, by rule, determine); ``(ii) an open end credit plan in which each advance is fully repayable within a defined time or in connection with a defined event, or both; or ``(iii) any other plan as the Bureau determines, by rule; and ``(2) includes any action that facilitates, brokers, arranges, or gathers applications for a transaction described in paragraph (1). ``(b) Registration Requirement.--A person shall register with the Bureau before issuing credit in a small-dollar consumer credit transaction.''; and (B) in section 173 (15 U.S.C. 1666j), by adding at the end the following: ``(d) Notwithstanding any other provisions of this title, any small-dollar consumer credit transaction, as defined in section 110(a), shall comply with the laws of the State in which the consumer to which the transaction is made resides with respect to annual percentage rates, interest, fees, charges, and such other similar or related matters as the Bureau may, by rule, determine if the small-dollar consumer credit transaction is-- ``(1) made over-- ``(A) the Internet; ``(B) telephone; ``(C) facsimile; ``(D) mail; ``(E) electronic mail; or ``(F) other electronic communication; or ``(2) conducted by a national bank.''. (2) Technical and conforming amendment.--The table of sections for chapter 1 of the Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after the item relating to section 109 the following: ``110. Registration requirement for small-dollar lenders.''. (b) Prohibition on Certain Fees.--Section 915 of the Electronic Fund Transfer Act (15 U.S.C. 1693l-1) is amended-- (1) in subsection (a)(2)(A), in the matter preceding clause (i), by striking ``The term'' and inserting ``Subject to subsection (d)(1), the term''; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following: ``(d) Additional Fees Prohibited.-- ``(1) Definition.--In this subsection, the term `prepaid account' has the meaning given the term by rule of the Bureau. ``(2) Prohibition.--With respect to the use of a prepaid account by a consumer-- ``(A) it shall be unlawful for any person to charge the consumer a fee for an overdraft, including a shortage of funds or a transaction processed for an amount exceeding the account balance of the prepaid account; ``(B) any transaction for an amount exceeding the account balance of the prepaid account may be declined, except that the consumer may not be charged a fee for that purpose; and ``(C) the Bureau may, by rule, prohibit the charging of any fee so that the Bureau may-- ``(i) prevent unfair, deceptive, or abusive practices; and ``(ii) promote the ability of the consumer to understand and compare the costs of prepaid accounts.''. SEC. 4. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER CREDIT TRANSACTIONS. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following: ``SEC. 140B. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER CREDIT TRANSACTIONS. ``(a) Definitions.--In this section-- ``(1) the terms `Internet access service' and `Internet information location tool' have the meanings given those terms in section 231(e) of the Communications Act of 1934 (47 U.S.C. 231(e)); ``(2) the term `sensitive personal financial information' means a Social Security number, financial account number, bank routing number, bank account number, or security or access code that is immediately necessary to permit access to the financial account of an individual; and ``(3) the term `small-dollar consumer credit transaction' has the meaning given the term in section 110(a). ``(b) Identification Information.--Any person facilitating, brokering, arranging for, or gathering applications for, the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction shall prominently disclose information by which the person may be contacted or identified, including for service of process and for identification of the registrant of any domain name registered or used. ``(c) Prohibition on Lead Generation in Small-Dollar Consumer Credit Transactions.--No person may facilitate, broker, arrange for, or gather applications for the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction, unless the person is directly providing the small-dollar consumer credit to a consumer. ``(d) Rule of Construction.-- ``(1) In general.--Nothing in this section may be construed to limit the authority of the Bureau to further restrict activities covered by this section. ``(2) Clarification.--For the purposes of this section, it shall not be considered facilitating the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction to be engaged solely in one of the following activities: ``(A) The provision of a telecommunications service, an Internet access service, or an Internet information location tool. ``(B) The transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except the deletion of a particular communication or material made by another person in a manner that is consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following: ``140B. Restrictions on lead generation in small-dollar consumer credit transactions.''. SEC. 5. STUDIES. (a) Definitions.--In this section-- (1) the term ``appropriate committees of Congress'' means-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Indian Affairs of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Committee on Natural Resources of the House of Representatives; and (2) the term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (b) Study Required.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study regarding-- (1) the availability of capital on reservations of Indian tribes; and (2) the impact that small-dollar consumer credit extended through Internet and non-Internet means to members of Indian tribes has had on economic opportunity and wealth for members of Indian tribes. (c) Consultation.--In conducting the study required under subsection (b), the Comptroller General of the United States shall consult, as appropriate, with-- (1) the Bureau of Consumer Financial Protection; (2) the Board of Governors of the Federal Reserve System; (3) the Director of the Bureau of Indian Affairs; (4) federally recognized Indian tribes; and (5) community development financial institutions operating in Indian lands. (d) Congressional Consideration.--The Comptroller General of the United States shall submit to the appropriate committees of Congress the study required under subsection (b). SEC. 6. RULEMAKING. Not later than 1 year after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall adopt any final rules necessary to implement the provisions of this Act and the amendments made by this Act.", "summary": "Stopping Abuse and Fraud in Electronic Lending Act of 2018 or the SAFE Lending Act of 2018 This bill amends the Electronic Fund Transfer Act and the Truth in Lending Act. The bill revises requirements related to consumer financial protection and small-dollar lending, including matters concerning remotely created checks, electronic fund transfers, registration of small-dollar lenders, overdraft fees, and the collection of personal information."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Advisory Commission on Tax Reform and Simplification Act of 2001''. SEC. 2. PURPOSE. The purpose of this Act is to establish a commission to study and report back to Congress recommendations on simplifying, reforming, or replacing the Internal Revenue Code of 1986. SEC. 3. FINDINGS. The Congress finds the following: (1) The Internal Revenue Code of 1986 is overly complex, imposes significant burdens on individuals, businesses, and the economy, is extremely difficult for the Internal Revenue Service to administer, and is in need of fundamental reform and simplification. (2) Many of the problems encountered by taxpayers in dealing with the Internal Revenue Service--especially those arising from misunderstandings of the Code--could be eliminated or alleviated by fundamental reform and simplification. (3) The Internal Revenue Service faces continual difficulty in administering an overly lengthy, complex, and confusing tax code. (4) Taxpayers and tax experts have repeatedly called for a simplification of the current tax code. (5) The complexity of the current code places a significant burden on individual filers, including extensive record keeping, time requirements to prepare returns, gaining an understanding of the exemptions for which they may qualify, and other burdens. This has forced the majority of taxpayers to turn to tax professionals to prepare their tax returns. (6) Congress is continually modifying and correcting the Code, leading to annual uncertainty and only adding to the patchwork of complexity and confusion. (7) The Federal Government's present fiscal outlook for continuing and sustained budget surpluses provides a unique opportunity for the Congress to consider measures for fundamental reform and simplification of the tax laws. (8) Recent efforts to simplify or reform the tax laws have not been successful due in part to the difficulty of developing broad-based, nonpartisan support for proposals to make such changes. SEC. 4. ESTABLISHMENT OF A NATIONAL COMMISSION ON TAX REFORM AND SIMPLIFICATION. (a) In General.--To carry out the purposes of this Act, there is established within the legislative branch a National Advisory Commission on Tax Reform and Simplification (in this Act referred to as the ``Commission''), comprised of 15 members. The membership of the Commission shall be as follows: (1) 3 members appointed by the President, 2 from the executive branch of the Government and 1 from private life. (2) 4 members appointed by the majority leader of the Senate, 1 from Members of the Senate and 3 from private life. (3) 2 members appointed by the minority leader of the Senate, 1 from Members of the Senate and 1 from private life. (4) 4 members appointed by the Speaker of the House of Representatives, 1 from Members of the House of Representatives and 3 from private life. (5) 2 members appointed by the minority leader of the House of Representatives, 1 from Members of the House of Representatives and 1 from private life. (b) Sense of Congress.--It is the sense of Congress that the President and congressional leadership should draw from a number of important areas of expertise in composing the Commission, including tax experts familiar with corporate tax issues, international tax issues, small business tax issues, and family and individual tax issues. (c) Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of the enactment of this Act. SEC. 5. RULES OF THE COMMISSION. (a) Quorum.--Nine members of the Commission shall constitute a quorum for conducting the business of the Commission. (b) Initial Meeting.--If, after 60 days from the date of the enactment of this Act, 5 or more members of the Commission have been appointed, members who have been appointed may meet and select the Chair (or Co-chairs) who thereafter shall have the authority to begin the operations of the Commission, including the hiring of staff. (c) Rules.--The Commission may adopt such other rules as it considers appropriate. (d) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any meeting of the Commission or any subcommittee thereof may be held in executive session to the extent that the Chair (Co-Chairs, if elected) or a majority of the members of the Commission or subcommittee determine appropriate. (e) Continuation of Membership.--Any individual who appointed a member to the Commission by virtue of holding a position described in section 4 ceases to hold such position before the report of the Commission is submitted, that member may continue as a member for not longer than the 30-day period beginning on the date that such individual ceases to hold such position. SEC. 6. DUTIES OF THE COMMISSION. (a) In General.--The duties of the Commission shall include-- (1) to conduct, for a period of not to exceed 18 months from the date of its first meeting, the review described in subsection (b); and (2) to submit to the Congress a report of the results of such review, including recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986, as described in section 10. (b) Review and Issuing Proposals.--The Commission shall review and, when applicable, issue proposals on-- (1) the present structure and provisions of the Internal Revenue Code of 1986, especially with respect to-- (A) its impact on the economy (including the impact on savings, capital formation, capital investment, and international trade); (B) its impact on families and the workforce (including issues relating to distribution of tax burden and impact on small businesses); (C) the predictability of the tax code from year to year; (D) the compliance cost to taxpayers and businesses; and (E) the ability of the Internal Revenue Service to administer such provisions; (2) whether tax systems imposed under the laws of other countries could provide more efficient, simple, and fair methods of funding the revenue requirements of the Government; (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (4) whether the Internal Revenue Code of 1986 can be simplified, absent wholesale restructuring or replacement thereof. SEC. 7. POWERS OF THE COMMISSION. (a) In General.--The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths, as the Commission or such designated subcommittee or designated member may deem advisable. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Assistance From Federal Agencies and Offices.-- (1) Information.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, as well as from any committee or other office of the legislative branch, such information, suggestions, estimates, and statistics as it requires for the purposes of its review and report. Each such department, bureau, agency, board, commission, office, establishment, instrumentality, or committee shall, to the extent not prohibited by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chair (Co-chairs, if elected). (2) Treasury department.--The Secretary of the Treasury is authorized on a nonreimbursable basis to provide the Commission with administrative services, funds, facilities, staff, and other support services for the performance of the Commission's functions. (3) General services administration.--The Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request. (4) Joint committee on taxation.--The staff of the Joint Committee on Taxation is authorized on a nonreimbursable basis to provide the Commission with such legal, economic, or policy analysis, including revenue estimates, as the Commission may request. (5) Other assistance.--In addition to the assistance set forth in paragraphs (1), (2), (3), and (4), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may deem advisable and as may be authorized by law. (6) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (7) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property in carrying out its duties under this Act. SEC. 8. STAFF OF THE COMMISSION. (a) In General.--The Chair (Co-Chairs, if elected), in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III or chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (b) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.-- (1) In general.--Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (2) Exception.--Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay on account of their service on the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. REPORT OF THE COMMISSION; TERMINATION. (a) Report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The report of the Commission shall describe the results of its review under section 6(b), shall make such recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986 as the Commission considers appropriate, and shall describe the expected impact of such recommendations on the economy and progressivity and general administrability of the tax laws. (b) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate on the date which is 90 days after the date on which the report is required to be submitted under subsection (a). (2) Concluding activities.--The Commission may use the 90- day period referred to in paragraph (1) for the purposes of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating that report. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the activities of the Commission. Until such time as funds are specifically appropriated for such activities, $2,000,000 shall be available from fiscal year 2001 funds appropriated to the Department of the Treasury, ``Departmental Offices'' account, for the activities of the Commission, to remain available until expended.", "summary": "National Advisory Commission on Tax Reform and Simplification Act of 2001 - Establishes within the legislative branch a National Advisory Commission on Tax Reform and Simplification which shall review and, when applicable, issue proposals on: (1) the present structure and provisions of the Internal Revenue Code; (2) whether tax systems imposed under the laws of other countries could provide more efficient, simple, and fair methods of funding the revenue requirements of the Government; (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (4) whether the Internal Revenue Code can be simplified, absent wholesale restructuring or replacement.Authorizes appropriations for the Commission. Terminates the Commission after the submission of a report."}
{"article": "SECTION 1. THREE-YEAR MODIFICATION OF PROCEDURES RELATING TO ASSISTANCE FOR COUNTRIES NOT COOPERATING WITH UNITED STATES COUNTERDRUG EFFORTS. (a) In General.--Chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.) is amended by adding at the end the following new section: ``SEC. 490A. LIMITATIONS DURING FISCAL YEARS 2002, 2003, AND 2004 ON ASSISTANCE FOR COUNTRIES NOT COOPERATING WITH UNITED STATES COUNTERDRUG EFFORTS. ``(a) Annual Identification of Countries Not Cooperating.--Not later than November 1 of 2001, 2002, and 2003, the President shall submit to the appropriate committees of Congress a report identifying each country, if any, that the President proposes to be subject to the provisions of subsection (f) in the fiscal year in which the country is so identified by reason that such country-- ``(1) is not cooperating fully with the United States in achieving full compliance with the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; ``(2) is not taking adequate steps on its own to achieve full compliance with the goals and objectives of the Convention; or ``(3) is not taking adequate steps to achieve full compliance with the goals and objectives of a bilateral agreement with the United States on illicit drug control. ``(b) Countries Subject to Withholding of Bilateral Assistance and Opposition to Multilateral Assistance.-- ``(1) Identification.--Not later than March 1 of 2002, 2003, and 2004, the President shall submit to the appropriate committees of Congress a report identifying each country, if any, that shall be subject to the provisions of subsection (f) during the fiscal year in which the country is so identified under this subsection by reason of its identification in the most recent report under subsection (a). ``(2) Limitation on countries identified.--A country may be identified in a report under paragraph (1) only if the country is also identified in the most recent report under subsection (a). ``(c) Considerations Regarding Cooperation.--In determining whether or not a country is to be identified in a report under subsection (a) or (b), the President shall consider the extent to which the country-- ``(1) has met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such matters as illicit cultivation, production, distribution, sale, transport, financing, money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction; ``(2) has accomplished the goals described in the applicable bilateral narcotics control agreement with the United States or a multilateral agreement; ``(3) has taken legal and law enforcement measures to prevent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the investigation or prosecution of such acts; and ``(4) in the case of a country that is a producer of licit opium-- ``(A) maintains licit production and stockpiles of opium at levels no higher than those consistent with licit market demand; and ``(B) has taken adequate steps to prevent significant diversion of its licit cultivation and production of opium into illicit markets and to prevent illicit cultivation and production of opium. ``(d) Omission for National Security Reasons.-- ``(1) In general.--The President may omit from identification in a report under subsection (b) a country identified in the most recent report under subsection (a) if the President determines that the vital national security interests of the United States require that the country be so omitted. ``(2) Notice to congress.--If the President omits a country under paragraph (1) from a report under subsection (b), the President shall include in the report under that subsection-- ``(A) a full and complete description of the vital national security interests of the United States placed at risk if the country is not so omitted; and ``(B) a statement weighing the risk described in subparagraph (A) against the risk posed to the vital national security interests of the United States by reason of the failure of the country to cooperate fully with the United States in combatting narcotics or to take adequate steps to combat narcotics on its own. ``(e) Congressional Action.-- ``(1) In general.--The provisions of subsection (f) shall apply to a country in a fiscal year if Congress enacts a joint resolution, not later than March 30 of the fiscal year, providing that such provisions shall apply to the country in the fiscal year. ``(2) Covered countries.--A joint resolution referred to in paragraph (1) may apply to a country for a fiscal year only if the country was not identified in the report in the fiscal year under subsection (b). ``(3) Senate procedures.--Any joint resolution under this subsection shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94- 329; 90 Stat. 765), except that for purposes of that section the certification referred to in section 601(a)(2)(B) of that Act shall be the applicable report of the President under subsection (b) of this section. ``(f) Withholding of Bilateral Assistance and Opposition to Multilateral Assistance.-- ``(1) Bilateral assistance.--Commencing on March 1 of a fiscal year in which a country is identified in a report under subsection (b), or March 31 in the case of a country covered by a joint resolution enacted in accordance with subsection (e), fifty percent of the United States assistance allocated to the country for the fiscal year in the report required by section 653 shall be withheld from obligation and expenditure. ``(2) Multilateral assistance.--Commencing on March 1 of a year in which a country is identified in a report under subsection (b), or March 31 in the case of a country covered by a joint resolution enacted in accordance with subsection (e), the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote, on and after that date, against any loan or other utilization of the funds of such institution for the country. ``(3) Multilateral development bank defined.--In this subsection, the term `multilateral development bank' means the following: ``(A) The International Bank for Reconstruction and Development. ``(B) The International Development Association. ``(C) The Inter-American Development Bank. ``(D) The Asian Development Bank. ``(E) The African Development Bank. ``(F) The European Bank for Reconstruction and Development. ``(g) Appropriate Committees of Congress Defined.--In this section, the term `appropriate committees of Congress' means the following: ``(1) The Committees on Foreign Relations and Appropriations of the Senate. ``(2) The Committees on International Relations and Appropriations of the House of Representatives.''. (b) Relationship to Current Certification Process.--Section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is amended by adding at the end the following new subsection: ``(i) Limitation on Applicability.--This section shall not apply during fiscal years 2002, 2003, and 2004. For limitations on assistance during those fiscal years for countries not cooperating with United States counterdrug efforts see section 490A.''. (c) Conforming Amendment.--Section 489(a)(3)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)(3)(A)) is amended by inserting after ``under section 490(h)'' the following ``or, in 2002, 2003, and 2004, as otherwise determined by the President for purposes of this section''. SEC. 2. INCLUSION OF MAJOR DRUG TRAFFICKING ORGANIZATIONS IN INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT. Section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h), as amended by this Act, is further amended-- (1) in subsection (a), by adding after the flush matter at the end of paragraph (7) the following new paragraph (8): ``(8) The identity of each organization determined by the President to be a major drug trafficking organization, including a description of the activities of such organization during the 2 fiscal years preceding the fiscal year of the report.''; and (2) by adding at the end the following new subsection: ``(c) Definitions.--In this section: ``(1) Major drug trafficking organization.--The term `major drug trafficking organization' means any organization engaged in substantial amounts of illicit activity to cultivate, produce, manufacture, distribute, sell, finance, or transport narcotic drugs, controlled substances, or listed chemicals, engages in money laundering or proceeds from such activities, or otherwise endeavor or attempt to do so, or to assist, abet, conspire, or collude with others to do so. ``(2) Narcotic drug; controlled substance; listed chemical.--The terms `narcotic drug', `controlled substance', and `listed chemical' have the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802).''.", "summary": "Amends the Foreign Assistance Act of 1961 to modify, for a three year period, certain procedures for the provision of development assistance to foreign countries not cooperating with U.S. counterdrug efforts. Requires the President, for each fiscal year during such period, to identify to the appropriate congressional committees any country the President proposes to subject (with enactment of a joint resolution by Congress) to the withholding of half of any allocated bilateral assistance, and to opposition to any multilateral assistance to such country, because it is not: (1) cooperating with the United States in achieving full compliance with the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; (2) taking adequate steps on its own to achieve full compliance with the Convention; or (3) taking adequate steps to achieve full compliance with a bilateral agreement with the United States on illicit drug control.Requires the inclusion of the identity of major drug trafficking organizations in the President's annual international narcotics control strategy report."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Veterans Health Care Facilities Capital Improvement Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Authorization of fiscal year 2012 major medical facility projects. Sec. 3. Modification of authorization for certain major medical facility construction projects previously authorized. Sec. 4. Authorization of fiscal year 2012 major medical facility leases. Sec. 5. Authorization of appropriations. Sec. 6. Modification of requirements relating to congressional approval of certain medical facility acquisitions. Sec. 7. Limitation on authority of Secretary of Veterans Affairs to use bid savings on major construction projects to expand purpose of major medical facility projects. Sec. 8. Name of Department of Veterans Affairs telehealth clinic, Craig, Colorado. Sec. 9. George H. O'Brien, Jr., Department of Veterans Affairs Medical Center. Sec. 10. Extension of certain expiring authorities. Sec. 11. Authorization of appropriations for comprehensive service programs for homeless veterans. Sec. 12. Reauthorization of appropriations for financial assistance for supportive services for very low-income veteran families in permanent housing. Sec. 13. Extension of grant program for homeless veterans with special needs. Sec. 14. Extension of specially adapted housing assistance for individuals residing temporarily in housing owned by a family member. Sec. 15. Extension of funding fees. Sec. 16. Notice and verification of the use of income information from other agencies. Sec. 17. Termination or reduction of certain benefits and services based on income information obtained from other agencies. SEC. 2. AUTHORIZATION OF FISCAL YEAR 2012 MAJOR MEDICAL FACILITY PROJECTS. The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2012, with each project to be carried out in the amount specified for each project: (1) Construction of seismic corrections for Building 100 at the Department of Veterans Affairs Medical Center in Seattle, Washington, in an amount not to exceed $51,800,000. (2) Construction of seismic corrections and renovation of various buildings to include Building 209 for housing facilities for homeless veterans at the Department of Veterans Affairs Medical Center in West Los Angeles, California, in an amount not to exceed $35,500,000. SEC. 3. MODIFICATION OF AUTHORIZATION FOR CERTAIN MAJOR MEDICAL FACILITY CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED. (a) Modification of Authorization of Fiscal Year 2007 Major Medical Facility Project at Department of Veterans Affairs Medical Center in Fayetteville, Arkansas.--Section 803(3) of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109- 461) is amended-- (1) by inserting ``and a parking garage'' after ``clinical addition''; and (2) by striking ``$56,163,000'' and inserting ``$90,600,000''. (b) Modification of Extension of Authorization for Major Medical Facility Construction Project in Orlando, Florida, Previously Authorized in Connection With Capital Asset Realignment Initiative.-- Section 802(11) of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461), as amended by section 702(b)(4) of the Veterans' Mental Health and Other Care Improvements Act of 2008 (Public Law 110-387; 122 Stat. 4137), is amended by inserting ``, including a Simulation, Learning, Education, and Research Network Center,'' after ``Florida, area''. (c) Increase in Amount of Authorization of Fiscal Year 2008 Major Medical Facility Project at Department of Veterans Affairs Medical Center in Palo Alto, California.--The Secretary of Veterans Affairs may carry out the major medical facility project at the Department of Veterans Affairs Medical Center in Palo Alto, California, for which amounts were appropriated under chapter 3 of title I of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2326) under the heading ``construction, major projects'' under the heading ``DEPARTMENT OF VETERANS AFFAIRS'' in an amount not to exceed $716,600,000. (d) Increase in Amount of Authorization of Fiscal Year 2009 Major Medical Facility Project at Department of Veterans Affairs Medical Center, San Juan, Puerto Rico.--Section 701(3) of the Veterans' Mental Health and Other Care Improvements Act of 2008 (Public Law 110-387; 122 Stat. 4137) is amended by striking ``$225,900,000'' and inserting ``$277,000,000''. (e) Increase in Amount of Authorization of Fiscal Year 2007 Major Medical Facility Project at Department of Veterans Affairs Medical Center, St. Louis, Missouri.--Section 803(5) of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109- 461) is amended by striking ``$69,053,000'' and inserting ``$346,300,000''. SEC. 4. AUTHORIZATION OF FISCAL YEAR 2012 MAJOR MEDICAL FACILITY LEASES. The Secretary of Veterans Affairs may carry out the following fiscal year 2012 major medical facility leases at the locations specified, in an amount not to exceed the amount shown for that location: (1) Columbus, Georgia, Community-Based Outpatient Clinic, in an amount not to exceed $5,335,000. (2) Fort Wayne, Indiana, Outpatient Clinic, in an amount not to exceed $2,845,000. (3) Mobile, Alabama, Outpatient Clinic, in an amount not to exceed $6,565,000. (4) Rochester, New York, Outpatient Clinic, in an amount not to exceed $9,232,000. (5) Salem, Oregon, Community-Based Outpatient Clinic, in an amount not to exceed $2,549,000. (6) San Jose, California, Outpatient Clinic, in an amount not to exceed $9,546,000. (7) South Bend, Indiana, Outpatient Clinic, in an amount not to exceed $6,731,000. (8) Springfield, Missouri, Community-Based Outpatient Clinic, in an amount not to exceed $6,489,000. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations for Construction.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2012 or the year in which funds are appropriated for the Construction, Major Projects, account $87,300,000 for the projects authorized in section 2. (b) Modification of Authorization for Certain Major Medical Facility Construction Projects Previously Authorized.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2012 or the year in which funds are appropriated for the Construction, Major Projects, account $850,070,000 for the projects authorized in section 3. (c) Authorization of Appropriations for Medical Facility Leases.-- There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2012 or the year in which funds are appropriated for the Medical Facilities account $49,292,000 for the leases authorized in section 4. (d) Limitation.--The projects authorized in sections 2, 3, and 4 may only be carried out using-- (1) funds appropriated for fiscal year 2012 pursuant to the authorization of appropriations in subsection (a) of this section; (2) funds available for Construction, Major Projects, for a fiscal year before fiscal year 2012 that remain available for obligation; (3) funds available for Construction, Major Projects, for a fiscal year after fiscal year 2012 that remain available for obligation; (4) funds appropriated for Construction, Major Projects, for fiscal year 2012 for a category of activity not specific to a project; (5) funds appropriated for Construction, Major Projects, for a fiscal year before 2012 for a category of activity not specific to a project; and (6) funds appropriated for Construction, Major Projects, for a fiscal year after 2012 for a category of activity not specific to a project. SEC. 6. MODIFICATION OF REQUIREMENTS RELATING TO CONGRESSIONAL APPROVAL OF CERTAIN MEDICAL FACILITY ACQUISITIONS. Section 8104 of title 38, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``detailed description'' and inserting ``detailed estimate of the total costs''; (ii) by striking ``a description of the consideration'' and inserting ``a detailed report of the consideration''; and (iii) by adding at the end the following: ``Such detailed estimate shall include an identification of each of the following: ``(A) Total construction costs. ``(B) Activation costs. ``(C) Special purpose alterations (lump-sum payment) costs. ``(D) Number of personnel. ``(E) Total costs of ancillary services, equipment, and all other items.''; (B) by striking paragraphs (2) and (3) and redesignating paragraphs (4) through (8) as paragraphs (2) through (6), respectively; (C) in paragraph (2), as so redesignated, by striking ``a five-year period and a ten-year period'' and inserting ``a five-year period, a ten-year period, and a twenty-year period''; (D) in paragraph (3), as so redesignated, by inserting before the period at the end the following: ``, including information on projected changes in workload and utilization over a five-year period, a ten-year period, and a twenty-year period''; (E) in paragraph (4), as so redesignated-- (i) by striking ``Current and projected'' and inserting ``Projected''; and (ii) by inserting before the period at the end the following: ``(including and identifying both recurring and non-recurring costs (including activation costs and total costs of ancillary services, equipment and all other items)) over a five-year period, a ten-year period, and a twenty-year period''; and (F) in paragraph (6), as so redesignated-- (i) by striking ``a description of each alternative to construction of the facility that was considered.'' and inserting ``each of the following:''; and (ii) by adding at the end the following new subparagraphs: ``(A) A detailed estimate of the total costs (including total construction costs, activation costs, special purpose alterations (lump-sum payment) costs, number of personnel and total costs of ancillary services, equipment and all other items) for each alternative to construction of the facility that was considered. ``(B) A comparison of total costs to total benefits for each such alternative. ``(C) An explanation of why the preferred alternative is the most effective means to achieve the stated project goals and the most cost-effective alternative.''; and (2) in subsection (d)-- (A) by striking ``major medical facility project'' each place it appears and inserting ``major construction project''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``major medical facility projects'' and inserting ``major construction projects''; and (ii) in subparagraph (B), by striking ``major medical facility'' and inserting ``major construction project''. SEC. 7. LIMITATION ON AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO USE BID SAVINGS ON MAJOR CONSTRUCTION PROJECTS TO EXPAND PURPOSE OF MAJOR MEDICAL FACILITY PROJECTS. Section 8104(d)(2) of title 38, United States Code, as amended by section 6, is further amended by adding at the end the following new subparagraph: ``(C) The Secretary may not obligate an amount under subparagraph (A) to expand the purpose of a major construction project except pursuant to a provision of law enacted after the date on which the Secretary submits to the committees described in subparagraph (B) notice of the following: ``(i) The major construction project that is the source of the bid savings. ``(ii) The major construction project for which the Secretary intends to expand the purpose. ``(iii) A description of such expansion of purpose. ``(iv) The amounts the Secretary intends to obligate to expand the purpose.''. SEC. 8. NAME OF DEPARTMENT OF VETERANS AFFAIRS TELEHEALTH CLINIC, CRAIG, COLORADO. (a) Designation.--The Department of Veterans Affairs telehealth clinic in Craig, Colorado, shall after the date of the enactment of this Act be known and designated as the ``Major William Edward Adams Department of Veterans Affairs Clinic''. (b) References.--Any reference in any law, regulation, map, document, record, or other paper of the United States to the clinic referred to in subsection (a) shall be considered to be a reference to the ``Major William Edward Adams Department of Veterans Affairs Clinic''. SEC. 9. GEORGE H. O'BRIEN, JR., DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER. (a) Designation.--The Department of Veterans Affairs medical center located in Big Spring, Texas, shall after the date of the enactment of this Act be known and designated as the ``George H. O'Brien, Jr., Department of Veterans Affairs Medical Center''. (b) References.--Any reference in any law, regulation, map, document, record, or other paper of the United States to the Department of Veterans Affairs medical center referred to in subsection (a) shall be considered to be a reference to the ``George H. O'Brien, Jr., Department of Veterans Affairs Medical Center''. SEC. 10. EXTENSION OF CERTAIN EXPIRING AUTHORITIES. (a) Recovery Audits for Certain Contracts.--Section 1703(d)(4) of title 38, United States Code, is amended by striking ``September 30, 2013'' and inserting ``September 30, 2020''. (b) Homeless Veterans Reintegration Programs.--Section 2021(e)(1)(F) of such title is amended by striking ``2011'' and inserting ``2012''. (c) Treatment and Rehabilitation for Seriously Mentally Ill and Homeless Veterans.--Section 2031(b) of such title is amended by striking ``December 31, 2011'' and inserting ``December 31, 2012''. (d) Additional Services for Seriously Mentally Ill and Homeless Veterans.--Section 2033(d) of such title is amended by striking ``December 31, 2011'' and inserting ``December 31, 2012''. (e) Housing Assistance for Homeless Veterans.--Section 2041(c) of such title is amended by striking ``December 31, 2011'' and inserting ``December 31, 2012''. (f) Advisory Committee on Homeless Veterans.--Section 2066(d) of such title is amended by striking ``December 30, 2011'' and inserting ``December 31, 2012''. (g) Authority To Transfer Real Property.--Section 8118(a)(5) of such title is amended by striking ``the date that is seven years after the date of the enactment of this section'' and inserting ``December 31, 2018''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS FOR COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS. Section 2013 of title 38, United States Code, is amended-- (1) by striking ``subchapter'' and all that follows through the period at the end and inserting the following: ``subchapter amounts as follows:''; and (2) by adding at the end the following new paragraphs: ``(1) $150,000,000 for each of fiscal years 2007 through 2009. ``(2) $175,100,000 for fiscal year 2010. ``(3) $217,700,000 for fiscal year 2011. ``(4) $250,000,000 for fiscal year 2012. ``(5) $150,000,000 for fiscal year 2013 and each subsequent fiscal year.''. SEC. 12. REAUTHORIZATION OF APPROPRIATIONS FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING. (a) In General.--Subsection (e) of section 2044 is amended-- (1) in paragraph (1), by adding at the end the following new subparagraph: ``(D) $100,000,000 for fiscal year 2012.''; and (2) in paragraph (3), by striking ``2011'' and inserting ``2012''. (b) Technical Amendment.--Paragraph (1) of such subsection is further amended by striking ``carry out subsection (a), (b), and (c)'' and inserting ``carry out subsections (a), (b), and (c)''. SEC. 13. EXTENSION OF GRANT PROGRAM FOR HOMELESS VETERANS WITH SPECIAL NEEDS. Section 2061(c)(1) of title 38, United States Code, is amended by striking ``2011'' and inserting ``2012''. SEC. 14. EXTENSION OF SPECIALLY ADAPTED HOUSING ASSISTANCE FOR INDIVIDUALS RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY MEMBER. Section 2102A(e) of title 38, United States Code, is amended by striking ``2011'' and inserting ``2012''. SEC. 15. EXTENSION OF FUNDING FEES. Section 3729(b)(2) of title 38, United States Code, is amended by striking ``October 1, 2011'' each place it occurs and inserting ``November 18, 2011''. SEC. 16. NOTICE AND VERIFICATION OF THE USE OF INCOME INFORMATION FROM OTHER AGENCIES. Section 5317(g) of title 38, United States Code, is amended by striking ``September 30, 2011'' and inserting ``November 18, 2011''. SEC. 17. TERMINATION OR REDUCTION OF CERTAIN BENEFITS AND SERVICES BASED ON INCOME INFORMATION OBTAINED FROM OTHER AGENCIES. (a) Title 38.--Section 5317A(d) of title 38, United States Code, is amended by striking ``September 30, 2011'' and inserting ``November 18, 2011''. (b) Social Security Act.--Section 453(j)(11)(G) of the Social Security Act (42 U.S.C. 653(j)(11)(G)) is amended by striking ``September 30, 2011'' and inserting ``November 18, 2011''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the House on September 20, 2011. The summary of that version is repeated here.) Veterans Health Care Facilities Capital Improvement Act of 2011 - (Sec. 2) Authorizes, within specified amounts, the Secretary of Veterans Affairs to carry out certain FY2012 major medical facility construction projects (projects) at Department of Veterans Affairs (VA) medical centers in Seattle, Washington and West Los Angeles, California. (Sec. 3) Modifies authorizations for certain previously authorized projects in Fayetteville, Arkansas, the Orlando, Florida area, Palo Alto, California, San Juan, Puerto Rico, and St. Louis, Missouri. (Sec. 4) Authorizes the Secretary to carry out FY2012 major medical facility leases (leases) at specified outpatient and community-based outpatient clinics in Alabama, California, Georgia, Indiana, Missouri, New York, and Oregon. (Sec. 5) Authorizes appropriations for such projects and leases. Provides project and lease funding limitations. (Sec. 6) Directs the Secretary to include in the prospectus required to be submitted to Congress with a request for funding of a major medical facility project or lease: (1) a detailed estimate of the total costs of the medical facility including the number of personnel and itemized costs for construction, activation, special purpose alteration, ancillary services, and equipment; and (2) data concerning demographics, workload, utilization, and operating costs over a 5-, 10-, and 20-year period. Requires further, in the case of a proposed new or replacement facility, a detailed: (1) report of the consideration given to acquiring an existing facility by lease or purchase and to the sharing of health-care resources with the Department of Defense (DOD), and (2) total cost estimate and a cost-benefit comparison for each considered alternative to construction of the facility and an explanation of why the preferred alternative is the most effective means to achieve the stated project goals. (Sec. 7) Prohibits the Secretary from using bid savings on a major construction project to expand the purpose of such a project until after submitting specified information to the congressional veterans committees, including the major project that is the source of the bid savings and the major project for which the Secretary intends to expand the purpose. (Sec. 8) Designates the VA telehealth clinic in Craig, Colorado, as the \"Major William Edward Adams Department of Veterans Affairs Clinic.\" (Sec. 9) Designates the VA medical center in Big Spring, Texas, as the \"George H. O'Brien, Jr., Department of Veterans Affairs Medical Center.\" (Sec. 10) Extends through 2012 specified authority for: (1) treatment, rehabilitation, and additional services for seriously mentally ill and homeless veterans, (2) housing assistance for homeless veterans, and (3) the Advisory Committee on Homeless Veterans. Extends through FY2012 the authority of the Secretary of Labor to conduct homeless veterans reintegration programs. Extends through 2018 the authority for transfers of real property under the Secretary's jurisdiction or control. Extends to September 30, 2020, the recovery audit program for certain fee basis and other medical services contracts concerning non-VA care and services for veterans and beneficiaries. (Sec. 11) Increases authorized amounts for the VA comprehensive service programs for FY2012. Provides a reduced amount for FY2013 and thereafter. (Sec. 12) Increases and extends through FY2012 the authorization of appropriations for the VA program of financial assistance for supportive services for very low-income veteran families residing in permanent housing. (Sec. 13) Extends through: (1) FY2012 a VA grant program for homeless veterans with special needs, and (2) the end of 2012 specially adapted housing assistance for disabled veterans residing temporarily in housing owned by a family member. (Sec. 15) Extends through November 18, 2011, VA authority to: (1) charge a loan fee for certain subsequent housing loans made to veterans, and (2) verify veterans' income information from the Secretary of the Treasury or the Commissioner of Social Security. (Sec. 17) Extends through November 18, 2011, VA authority to verify veterans' income information through the Secretary of Health and Human Services (HHS) before terminating or reducing certain benefits and services. Makes a conforming amendment to part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act authorizing the release of such information by the HHS Secretary."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sportsmen's Bill of Rights Act''. SEC. 2. FINDINGS; POLICY. (a) Findings.--The Congress finds the following: (1) Fishing is an important and traditional recreational activity in which 36,000,000 Americans 16 years old and older participate. (2) Hunting is an important and traditional recreational activity in which 14,000,000 Americans 16 years old and older participate. (3) Survey data from a recent comprehensive 3-year study entitled ``Factors Related to Hunting and Fishing Participation in the United States'' suggest that an overwhelming majority of Americans approved of fishing and hunting. (4) Anglers and hunters have been and continue to be among the foremost supporters of sound wildlife management and conservation practices in the United States. (5) Persons who hunt or fish and organizations related to those activities provide direct assistance to wildlife managers and enforcement officers of Federal, State, and local governments. (6) Funds raised through license, permit, and stamp purchases, as well as through excise taxes on goods used by anglers and hunters, have generated more than $6,000,000,000 for wildlife research and management. (7) Fishing and hunting are essential components of effective wildlife management, in that they tend to reduce conflicts between people and wildlife and provide incentives for the conservation of wildlife and habitats and ecosystems on which wildlife depends. (8) Each State has established one or more agencies staffed by professionally trained fish and wildlife management personnel, has legal authority to manage the fish and wildlife found within the State, and carries out sound programs of fish and wildlife management. (b) Policy.--It is the policy of the United States that in performing duties under Federal law, all Federal agencies that have authority to manage a natural resource or the Federal public land and water on which a natural resource depends shall exercise the authority, consistent with section 3(e), in a manner so as to support, promote, and enhance hunting and fishing opportunities to the extent permitted under State law and regulation and in accordance with applicable Federal law. SEC. 3. TAKING OF FISH AND WILDLIFE ON FEDERAL PUBLIC LANDS. (a) In General.--Federal public land and water shall be open to access and use for fishing and hunting except-- (1) as limited by the State in which the Federal public land or water is located; or (2) as limited by the Federal agency responsible for the Federal public land or water-- (A) for reasons of national security; (B) for reasons of public safety; or (C) for reasons specifically authorized in applicable statutes. (b) Limitations on Terms of Federal Closure to Fishing or Hunting.-- (1) Limitation on duration.--Any closure of Federal public land or water to fishing or hunting may continue in effect only during the period in which the specific circumstances for which the closure is established exist. (2) Rule of construction.--Any authority of a Federal agency to close particular land or water to hunting or fishing shall not be construed as authority to protect or manage fish or wildlife. (c) Certain Federal Public Land and Water Administered by the National Park Service.--Nothing in this Act shall compel the opening to hunting or fishing of national parks or national monuments administered by the National Park Service. (d) No Priority.--This section does not require a Federal agency to give preference to fishing or hunting over other uses of Federal public land or water or land or water management priorities established in Federal law. (e) Authority of the States.-- (1) In general.--Nothing in this Act impairs the primacy of State authority in regulating the taking of fish and wildlife on land or water within the State, including Federal public land or water. (2) Federal authority.--Except as expressly provided by Act of Congress, the authority of a Federal agency regarding the taking of fish and wildlife on Federal public land or water managed by the Federal agency shall be no greater than the rights of a private owner of land or water. SEC. 4. PROTECTION OF THE INTEGRITY OF THE SPORTSMEN'S TRUST ACCOUNTS. (a) Federal Aid in Wildlife Restoration Act.--The Act entitled ``An Act to provide that the United States shall aid the States in wildlife- restoration projects, and for other purposes'', approved September 2, 1937 (16 U.S.C. 669 et seq.; commonly known as the Federal Aid in Wildlife Restoration Act), is amended-- (1) by striking ``Secretary of Agriculture'' each place it appears and inserting ``Secretary of the Interior''; and (2) in section 4 by adding at the end the following: ``(c) The amount of funding made available to the Secretary of the Interior for expenses under this section shall not be available for use as a supplement to decreased funding for any other expense under the authority of the Secretary of the Interior.''. (b) Federal Aid in Fish Restoration Act.--Section 4 of the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes'', approved August 9, 1950 (16 U.S.C. 777c; commonly known as the Federal Aid in Fish Restoration Act), is amended by adding at the end the following: ``(f) The amount of funding made available to the Secretary of the Interior for expenses under this section shall not be available for use as a supplement to decreased funding for any other expense under the authority of the Secretary of the Interior.''. SEC. 5. EVALUATION OF WILDLIFE MANAGEMENT EFFECTS. (a) Statement.--No Federal agency action that may significantly diminish opportunities or access to engage in fishing or hunting on Federal public land or water shall be effective until the agency prepares a detailed statement evaluating the effect of the action on fishing and hunting. (b) Notice and Hearing.--Before taking an action described in subsection (a), a Federal agency shall-- (1) provide notice of the proposed agency action to the appropriate State agency responsible for the conduct or oversight of fish and wildlife management; and (2) conduct a public hearing in the vicinity of the proposed action. (c) Judicial Review.--An individual or entity that may be adversely affected by a loss of fishing or hunting opportunities on Federal public land or water as a result of an agency action described in subsection (a) may bring a civil action in a United States district court for review of the adequacy of the statement required in subsection (a). (d) Emergencies.--Nothing in this section precludes an agency from exercising statutory authority to close Federal public land or water in an emergency or other exigent circumstances. (e) Effect on Other Law.--Nothing in this section affects or has application to the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) or the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). SEC. 6. CIVIL ACTIONS. (a) Intervention.--A person interested in participating in fishing or hunting shall be entitled to intervene as a matter of right in a civil action brought under any other Federal law relating to the use of any Federal public land or water in which the plaintiff seeks an order that would require the use (or nonuse) of the land or water in such a manner as to impair access to or use of the land or water for the purpose of fishing or hunting as required by this Act. (b) Consideration of Interests.--If an intervenor under subsection (a) shows that the application of another Federal law as sought by the plaintiff would be likely to impair access to or use of the Federal public land or water for the purpose of fishing or hunting as required by this Act, the court shall not grant the relief sought unless the plaintiff shows that the interest intended to be advanced by the other Federal law clearly outweighs the interest of protecting access to and use of Federal public land or water for fishing and hunting. (c) State Deemed Indispensable Party.--In any civil action brought in any United States district court under any other Federal law relating to the use of any Federal public land or water, a State is deemed an indispensable party if management by the State of fish and resident wildlife, including hunting and fishing, would be curtailed or if opportunities provided by the State for hunting and fishing would be reduced or eliminated by a grant of preliminary or final relief. SEC. 7. STANDING TO BRING A CIVIL ACTION. An individual who is licensed by a State to engage in fishing or hunting, or an organization representing the interests of such individuals, may bring a civil action in a United States district court to seek declaratory or injunctive relief regarding the implementation of any provision of this Act, including a declaration that a civil action brought by another person may significantly disrupt or eliminate opportunities for fishing or hunting and an injunction against the prosecution of the civil action. SEC. 8. DEFINITIONS. As used in this Act: (1) Hunting and fishing.--For any State, the terms ``hunting'' and ``fishing'' include all means and methods of taking fish and wildlife as authorized and regulated by the State agency responsible for the conduct or oversight of fish and wildlife management. (2) Federal public land or water.--The term ``Federal public land or water''-- (A) except as provided in subparagraph (B), means all lands and waters owned in fee by the United States and all property interests owned by the United States in land or water, including easements, that are administered by-- (i) the Secretary of the Interior through the Bureau of Land Management, the United States Fish and Wildlife Service, the National Park Service, or the Bureau of Reclamation; (ii) the Secretary of Agriculture through the United States Forest Service; or (iii) the Secretary of Defense through the United States Army Corps of Engineers or pursuant to the Sikes Act (16 U.S.C. 670a et seq.); and (B) does not include any land or water, or interest in land or water, that is part of a national park or national monument, administered by the National Park Service.", "summary": "Sportsmen's Bill of Rights Act - Requires Federal public land and water to be open to access and use for fishing and hunting except as limited by: (1) the State involved; or (2) the responsible Federal agency for reasons of national security, public safety, or specific authorization. Allows such land to be closed only during the period in which the reasons for such closure exist. Amends the Federal Aid in Wildlife Restoration Act to authorize the Secretary of the Interior (Secretary) to cooperate with the Secretary of the Interior of Puerto Rico (currently the Secretary of Agriculture of Puerto Rico) in wildlife-restoration projects. Prohibits funds made available to the Secretary for expenses in the administration and execution of wildlife-restoration projects under such Act and the Federal Aid in Fish Restoration Act from being used as a supplement to decreased funding for any other expense of the Secretary. Prohibits a Federal agency's action that may significantly diminish opportunities or access to engage in fishing or hunting on Federal public land or water until the agency prepares a detailed statement evaluating the action's effect on fishing and hunting. Provides for judicial review of such action. Provides for intervention by an interested person in a civil action relating to the use of Federal public land or water for fishing or hunting. Provides standing to seek declaratory or injunctive relief regarding the implementation of this Act for an individual licensed to engage in fishing or hunting, or an organization representing the interests of such individuals."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``VA Major Construction Authorization and Expiring Authorities Extension Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to title 38, United States Code. Sec. 3. Scoring of budgetary effects. TITLE I--CONSTRUCTION AUTHORIZATIONS Sec. 101. Authorization of fiscal year 2013 major medical facility projects. Sec. 102. Authorization of major medical facility project in Miami, Florida. Sec. 103. Authorization of appropriations. TITLE II--EXTENSIONS OF CERTAIN EXPIRING AUTHORITIES Sec. 201. Extension of authority to calculate the net value of real property securing a defaulted loan for purposes of liquidation. Sec. 202. Extension of authority for operation of the Department of Veterans Affairs regional office in Manila, the Republic of the Philippines. Sec. 203. Extension of authority to provide treatment, rehabilitation, and certain other services for seriously mentally ill and homeless veterans. Sec. 204. Extension of authority to provide expanded services to homeless veterans. Sec. 205. Extension of authority to provide housing assistance for homeless veterans. Sec. 206. Extension of authority for the Advisory Committee on Homeless Veterans. Sec. 207. Extension of authority for the performance of medical disability examinations by contract physicians. SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 3. SCORING OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. TITLE I--CONSTRUCTION AUTHORIZATIONS SEC. 101. AUTHORIZATION OF FISCAL YEAR 2013 MAJOR MEDICAL FACILITY PROJECTS. The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2013 in the amount specified for each project: (1) Construction of a mental health building at the Department of Veterans Affairs Medical Center, Seattle, Washington, in an amount not to exceed $222,000,000. (2) Construction of a spinal cord injury center at the Department of Veterans Affairs Medical Center, Dallas, Texas, in an amount not to exceed $155,200,000. SEC. 102. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT IN MIAMI, FLORIDA. (a) In General.--The Secretary of Veterans Affairs may carry out the major medical facility project described in subsection (b) in an amount not to exceed a total of $41,000,000. (b) Project Described.--The major medical facility project described in this subsection is the renovation of the surgical suite and operating rooms at the Department of Veterans Affairs Medical Center, Miami, Florida. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations for Construction.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2013 or the year in which funds are appropriated for the Construction, Major Projects, account $377,200,000 for the projects authorized in section 101. (b) Limitation.--In addition to any limitations under section 8104 of title 38, United States Code, or other provision of law that apply to the projects authorized in section 101 and 102, such projects may only be carried out using-- (1) funds appropriated for fiscal year 2013 pursuant to the authorization of appropriations in subsection (a) of this section; (2) funds available for Construction, Major Projects, for a fiscal year before fiscal year 2013 that remain available for obligation; (3) funds available for Construction, Major Projects, for a fiscal year after fiscal year 2013 that remain available for obligation; (4) funds appropriated for Construction, Major Projects, for fiscal year 2013 for a category of activity not specific to a project; (5) funds appropriated for Construction, Major Projects, for a fiscal year before 2013 for a category of activity not specific to a project; and (6) funds appropriated for Construction, Major Projects, for a fiscal year after 2013 for a category of activity not specific to a project. TITLE II--EXTENSIONS OF CERTAIN EXPIRING AUTHORITIES SEC. 201. EXTENSION OF AUTHORITY TO CALCULATE THE NET VALUE OF REAL PROPERTY SECURING A DEFAULTED LOAN FOR PURPOSES OF LIQUIDATION. Section 3732(c)(11) is amended by striking ``October 1, 2012'' and inserting ``October 1, 2013''. SEC. 202. EXTENSION OF AUTHORITY FOR OPERATION OF THE DEPARTMENT OF VETERANS AFFAIRS REGIONAL OFFICE IN MANILA, THE REPUBLIC OF THE PHILIPPINES. Section 315(b) is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. Such section 315 shall be carried out as amended by this section notwithstanding the date described in section 151 of the Continuing Appropriations Resolution, 2013. SEC. 203. EXTENSION OF AUTHORITY TO PROVIDE TREATMENT, REHABILITATION, AND CERTAIN OTHER SERVICES FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS. Section 2031(b) is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. SEC. 204. EXTENSION OF AUTHORITY TO PROVIDE EXPANDED SERVICES TO HOMELESS VETERANS. Section 2033(d) is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. SEC. 205. EXTENSION OF AUTHORITY TO PROVIDE HOUSING ASSISTANCE FOR HOMELESS VETERANS. Section 2041(c) is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. SEC. 206. EXTENSION OF AUTHORITY FOR THE ADVISORY COMMITTEE ON HOMELESS VETERANS. Section 2066(d) is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. SEC. 207. EXTENSION OF AUTHORITY FOR THE PERFORMANCE OF MEDICAL DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS. Section 704(c) of the Veterans Benefits Act of 2003 (38 U.S.C. 5101 note) is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the House on September 19, 2012. The summary of that version is repeated here.) VA Major Construction Authorization and Expiring Authorities Extension Act of 2012 - Title I: Construction Authorizations - Authorizes the Secretary of Veterans Affairs (VA) to carry out major medical facility projects (projects) in FY2013 at VA medical centers in: (1) Seattle, Washington; (2) Dallas, Texas; and (3) Miami, Florida. Authorizes appropriations for such projects. Provides project funding limitations. Title II: Extensions of Certain Expiring Authorities - Extends through FY2013 VA default procedures with respect to guaranteed loans to veterans. Extends through 2013 VA authority: (1) to operate a regional office in the Republic of the Philippines; (2) to provide treatment, rehabilitation, and related services for seriously mentally ill and homeless veterans; (3) to provide expanded services and housing assistance to homeless veterans; (4) for the Advisory Committee on Homeless Veterans; and (5) to use contract physicians to perform VA medical disability examinations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Selected Reserve Home Loan Equity Act''. SEC. 2. PERMANENT AUTHORITY FOR HOUSING LOANS FOR MEMBERS OF THE SELECTED RESERVE. Section 3702(a)(2)(E) of title 38, United States Code, is amended by striking ``and ending on September 30, 2009,''. SEC. 3. UNIFORM HOME LOAN GUARANTY FEES FOR QUALIFYING MEMBERS OF THE SELECTED RESERVE AND ACTIVE DUTY VETERANS. (a) In General.--Paragraph (2) of section 3729(b) of title 38, United States Code, is amended to read as follows: ``(2) The loan fee table referred to in paragraph (1) is as follows: ``LOAN FEE TABLE ------------------------------------------------------------------------ Type of loan Veteran Other obligor ------------------------------------------------------------------------ (A)(i) Initial loan described in 2.00 NA section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed before October 1, 2011)................... ------------------------------------------------------------------------ (A)(ii) Initial loan described in 1.25 NA section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2011)............. ------------------------------------------------------------------------ (B)(i) Subsequent loan described in 3.30 NA section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed before October 1, 2011).... ------------------------------------------------------------------------ (B)(ii) Subsequent loan described in 2.15 NA section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2011 and before October 1, 2013)........ ------------------------------------------------------------------------ (B)(iii) Subsequent loan described 1.25 NA in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2013).............................. ------------------------------------------------------------------------ (C)(i) Loan described in section 1.50 NA 3710(a) to purchase or construct a dwelling with 5-down (closed before October 1, 2011)................... ------------------------------------------------------------------------ (C)(ii) Loan described in section 0.75 NA 3710(a) to purchase or construct a dwelling with 5-down (closed on or after October 1, 2011)............. ------------------------------------------------------------------------ (D)(i) Initial loan described in 1.25 NA section 3710(a) to purchase or construct a dwelling with 10-down (closed before October 1, 2011).... ------------------------------------------------------------------------ (D)(ii) Initial loan described in 0.50 NA section 3710(a) to purchase or construct a dwelling with 10-down (closed on or after October 1, 2011).............................. ------------------------------------------------------------------------ (E) Interest rate reduction 0.50 NA refinancing loan................... ------------------------------------------------------------------------ (F) Direct loan under section 3711.. 1.00 NA ------------------------------------------------------------------------ (G) Manufactured home loan under 1.00 NA section 3712 (other than an interest rate reduction refinancing loan).............................. ------------------------------------------------------------------------ (H) Loan to Native American veteran 1.25 NA under section 3762 (other than an interest rate reduction refinancing loan).............................. ------------------------------------------------------------------------ (I) Loan assumption under section 0.50 0.50 3714............................... ------------------------------------------------------------------------ (J) Loan under section 3733(a)...... 2.25 2.25''. ------------------------------------------------------------------------ (b) Conforming Amendments.--(1) Paragraph (4)(A) of such section is amended to read as follows: ``(A) The term `veteran' means any veteran eligible for the benefits of this chapter.''. (2) Paragraph (4) of such section is amended by striking subparagraph (B) and redesignating subparagraphs (C), (D), (E), (F), (G), (H), and (I) as subparagraphs (B), (C), (D), (E), (F), (G), and (H), respectively. Passed the House of Representatives May 21, 2003. Attest: JEFF TRANDAHL, Clerk.", "summary": "Selected Reserve Home Loan Equity Act - Makes permanent (currently expires at the end of FY 2009) the authority for individuals who complete six years of service in the Selected Reserve to receive home loans guaranteed, insured, or made through the Department of Veterans Affairs. Prescribes uniform fees for members of the Selected Reserve and veterans eligible for such home loans through qualifying active duty service. (Currently, separate fees apply to active duty veterans and reservists.)"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American $1 Coin Act''. SEC. 2. NATIVE AMERICAN $1 COIN PROGRAM. (a) In General.--Section 5112 of title 31, United States Code, is amended by adding at the end the following: ``(r) Redesign and Issuance of Circulating $1 Coins Honoring Native Americans and the Important Contributions Made by Indian Tribes and Individual Native Americans in United States History.-- ``(1) Redesign beginning in 2009.--Effective beginning January 1, 2009, notwithstanding subsection (d), in addition to the coins to be issued pursuant to subsection (n), and in accordance with this subsection, the Secretary shall mint and issue $1 coins that-- ``(A) have as the designs on the obverse the so- called `Sakakawea design'; and ``(B) have a design on the reverse selected in accordance with paragraph (2)(A), subject to paragraph (3)(A). ``(2) Design requirements.--The $1 coins issued in accordance with paragraph (1) shall meet the following design requirements: ``(A) Coin reverse.--The design on the reverse shall bear-- ``(i) images celebrating the important contributions made by Indian tribes and individual Native Americans to the development of the United States and the history of the United States; ``(ii) the inscription `$1' ; and ``(iii) the inscription `United States of America'. ``(B) Coin obverse.--The design on the obverse shall-- ``(i) be chosen by the Secretary, after consultation with the Commission of Fine Arts and review by the Citizens Coinage Advisory Committee; and ``(ii) contain the so-called `Sakakawea design' and the inscription `Liberty'. ``(C) Edge-incused inscriptions.-- ``(i) In general.--The inscription of the year of minting and issuance of the coin and the inscriptions `E Pluribus Unum' and `In God We Trust' shall be edge-incused into the coin. ``(ii) Preservation of distinctive edge.-- The edge-incusing of the inscriptions under clause (i) on coins issued under this subsection shall be done in a manner that preserves the distinctive edge of the coin so that the denomination of the coin is readily discernible, including by individuals who are blind or visually impaired. ``(D) Reverse design selection.--The designs selected for the reverse of the coins described under this subsection-- ``(i) shall be chosen by the Secretary after consultation with the Committee on Indian Affairs of the Senate, the Congressional Native American Caucus of the House of Representatives, the Commission of Fine Arts, and the National Congress of American Indians; ``(ii) shall be reviewed by the Citizens Coinage Advisory Committee; ``(iii) may depict individuals and events such as-- ``(I) the creation of Cherokee written language; ``(II) the Iroquois Confederacy; ``(III) Wampanoag Chief Massasoit; ``(IV) the `Pueblo Revolt'; ``(V) Olympian Jim Thorpe; ``(VI) Ely S. Parker, a general on the staff of General Ulysses S. Grant and later head of the Bureau of Indian Affairs; and ``(VII) code talkers who served the United States Armed Forces during World War I and World War II; and ``(iv) in the case of a design depicting the contribution of an individual Native American to the development of the United States and the history of the United States, shall not depict the individual in a size such that the coin could be considered to be a `2- headed' coin. ``(3) Issuance of coins commemorating 1 native american event during each year.-- ``(A) In general.--Each design for the reverse of the $1 coins issued during each year shall be emblematic of 1 important Native American or Native American contribution each year. ``(B) Issuance period.--Each $1 coin minted with a design on the reverse in accordance with this subsection for any year shall be issued during the 1- year period beginning on January 1 of that year and shall be available throughout the entire 1-year period. ``(C) Order of issuance of designs.--Each coin issued under this subsection commemorating Native Americans and their contributions-- ``(i) shall be issued, to the maximum extent practicable, in the chronological order in which the Native Americans lived or the events occurred, until the termination of the coin program described in subsection (n); and ``(ii) thereafter shall be issued in any order determined to be appropriate by the Secretary, after consultation with the Committee on Indian Affairs of the Senate, the Congressional Native American Caucus of the House of Representatives, and the National Congress of American Indians. ``(4) Issuance of numismatic coins.--The Secretary may mint and issue such number of $1 coins of each design selected under this subsection in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(5) Quantity.--The number of $1 coins minted and issued in a year with the design in accordance with this subsection shall be not less than 20 percent of the total number of $1 coins minted and issued in such year under this subsection and subsection (n).''. (b) Marketing Program.-- (1) In general.--The Secretary of the Treasury shall carry out a cost-effective, continuing campaign to encourage commercial enterprises to accept and dispense $1 coins that have as designs on the obverse the so-called ``Sakakawea design''. (2) Report.--The Secretary of the Treasury shall submit to Congress an annual report on the success of the efforts described in paragraph (1). SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Presidential $1 Coin Program.--Section 5112(n) of title 31, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking the paragraph designation and heading and all that follows through ``Notwithstanding subsection (d)'' and inserting the following: ``(1) Redesign beginning in 2007.--Notwithstanding subsection (d)''; (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; and (2) by striking ``Sacagawea-design'' each place it appears and inserting ``Sakakawea-design''. (b) Removal of Barriers to Circulation of $1 Coin.--Section 5112(p) of title 31, United States Code, is amended in paragraphs (3)(C) and (5) by striking ``Sacagawea-design'' each place it appears and inserting ``Sakakawea-design''.", "summary": "Native American $1 Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins in commemoration of Native Americans and the important contributions made by Indian tribes and individual Native Americans to the development of the United States and the history of the United States. Requires the issuance of such coins during each year to be emblematic of one important Native American or Native American contribution."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Errors in Credit Use and Reporting Act'' or the ``SECURE Act''. SEC. 2. LEGAL RECOURSE FOR CONSUMERS. (a) Injunctive Relief.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (1) in section 616-- (A) in subsection (a), by striking ``(a) In General.--'' and inserting ``(a) Damages.--''; (B) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (C) by inserting after subsection (b) the following: ``(c) Injunctive Relief.--In addition to any other remedy set forth in this section, a court may award injunctive relief to require compliance with the requirements imposed under this title with respect to any consumer. In the event of any successful action for injunctive relief under this subsection, the court may award to the prevailing party costs and reasonable attorney fees (as determined by the court) incurred during the action by such party.''; and (2) in section 617-- (A) in subsection (a), by striking ``(a) In General.--'' and inserting ``(a) Damages.--''; (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: ``(b) Injunctive Relief.--In addition to any other remedy set forth in this section, a court may award injunctive relief to require compliance with the requirements imposed under this title with respect to any consumer. In the event of any successful action for injunctive relief under this subsection, the court may award to the prevailing party costs and reasonable attorney fees (as determined by the court) incurred during the action by such party.''. (b) Enforcement by Federal Trade Commission.--Section 621(a)(2)(A) of the Fair Credit Reporting Act (15 U.S.C. 1681s(a)(2)(A)) is amended-- (1) by striking ``(A) Knowing violations.--'' and inserting ``(A) Negligent, willful, or knowing violations.--''; and (2) by inserting ``negligent, willful, or'' before ``knowing''. SEC. 3. INCREASED REQUIREMENTS FOR CONSUMER REPORTING AGENCIES AND FURNISHERS OF INFORMATION. (a) Provision and Consideration of Documentation Provided by Consumers.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (1) in section 611-- (A) in subsection (a)-- (i) in paragraph (2)-- (I) in subparagraph (A), by inserting ``, including all documentation provided by the consumer'' after ``received from the consumer or reseller''; and (II) in subparagraph (B), by inserting ``, including all documentation provided by the consumer,'' after ``from the consumer or reseller''; and (ii) in paragraph (4), by inserting ``, including all documentation,'' after ``relevant information''; and (B) in subsection (f)(2)(B)(ii), by inserting ``, including all documentation,'' after ``relevant information''; and (2) in section 623-- (A) in subsection (a)(8)(E), by striking clause (ii) and inserting the following: ``(ii) review and consider all relevant information, including all documentation, provided by the consumer with the notice;''; and (B) in subsection (b)(1), by striking subparagraph (B) and inserting the following: ``(B) review and consider all relevant information, including all documentation, provided by the consumer reporting agency pursuant to section 611(a)(2);''. (b) Gathering and Reporting of Information Relating to Consumer Disputes.--Section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by adding at the end the following: ``(g) Gathering and Reporting of Information Relating to Consumer Disputes.-- ``(1) Reports required.--The Bureau shall provide reports regarding the disputes described in subsection (a)(1) received by consumer reporting agencies in such intervals and to such parties as the Bureau deems appropriate. ``(2) Gathering of information.--The Bureau shall prescribe rules for the gathering of information relating to disputes described in subsection (a)(1) received by consumer reporting agencies to be used in generating the reports under paragraph (1), including rules establishing-- ``(A) the type and format of information that shall be received by the Bureau from each consumer reporting agency; and ``(B) the frequency of receipt of the information from consumer reporting agencies.''. (c) Accuracy Compliance Procedures.--Section 607 of the Fair Credit Reporting Act (15 U.S.C. 1681e) is amended by striking subsection (b) and inserting the following: ``(b) Accuracy of Report.-- ``(1) In general.--A consumer reporting agency shall follow reasonable procedures when preparing a consumer report to assure maximum possible accuracy of the information concerning the individual to whom the consumer report relates. ``(2) Bureau rule to assure maximum possible accuracy.-- ``(A) Proposed rule.--Not later than 1 year after the date of enactment of the Stop Errors in Credit Use and Reporting Act, the Bureau shall issue a proposed rule establishing the procedures that a consumer reporting agency must follow to assure maximum possible accuracy of all consumer reports furnished by the agency in compliance with this subsection. ``(B) Considerations.--When formulating the rule required under subparagraph (A), the Bureau shall consider if requiring the matching of the following information would improve the accuracy of consumer reports: ``(i) The first name and last name of a consumer. ``(ii) The date of birth of a consumer. ``(iii) All 9 digits of the social security number of a consumer. ``(iv) Any other information that the Bureau determines would aid in assuring maximum possible accuracy of all consumer reports furnished by consumer reporting agencies in compliance with this subsection.''. (d) Responsibilities of Furnishers of Information to Consumer Reporting Agencies.--Section 623(a)(8)(F)(i)(II) of the Fair Credit Reporting Act (15 U.S.C. 1681s-2(a)(8)(F)(i)(II)) is amended by inserting ,`` and does not include any new or additional information that would be relevant to a reinvestigation'' before the period. (e) Disclosures to Consumers.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended-- (1) in subsection (a)(3)(B), by striking ``; and'' and all that follows through the end of subparagraph (B) and inserting the following: ``(ii) the address and telephone number of the person; and ``(iii) the permissible purpose of the person for obtaining the consumer report, including the specific type of credit product that is extended, reviewed, or collected as described in section 604(a)(3)(A).''; (2) in subsection (f)-- (A) by amending paragraph (7)(A) to read as follows: ``(A) supply the consumer with a credit score that-- ``(i) is derived from a credit scoring model that is widely distributed to users by the consumer reporting agency for the purpose of any extension of credit or other transaction designated by the consumer who is requesting the credit score; or ``(ii) is widely distributed to lenders of common consumer loan products and predicts the future credit behavior of the consumer; and''; and (B) in paragraph (8), by inserting ``, except that a credit score shall be provided free of charge to the consumer if requested in connection with a free annual consumer report described in section 612(a)'' before the period; and (3) in subsection (g)(1)-- (A) by striking subparagraph (C); and (B) by redesignating subparagraphs (D) though (G) as subparagraphs (C) through (F), respectively. (f) Notification Requirements.-- (1) Adverse information notification.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (A) in section 612, by striking subsection (b) and inserting the following: ``(b) Free Disclosure After Notice of Adverse Action or Offer of Credit on Materially Less Favorable Terms.-- ``(1) In general.--Not later than 14 days after the date on which a consumer reporting agency receives a notification under subsection (a)(2) or (h)(6) of section 615, or from a debt collection agency affiliated with the consumer reporting agency, the consumer reporting agency shall make, without charge to the consumer, all disclosures required in accordance with the rules prescribed by the Bureau under section 609(h). ``(2) Transition period.--After the effective date of the provisions of the Stop Errors in Credit Use and Reporting Act and before the Bureau has finalized the rule required under section 609(h), a consumer reporting agency that is required to make disclosures under this subsection shall provide to the consumer a copy of the current credit report on the consumer and any other disclosures required under this Act or the Stop Errors in Credit Use and Reporting Act, without charge to the consumer.''; and (B) in section 615(a)-- (i) by redesignating paragraphs (2), (3) and (4) as paragraphs (3), (4), and (5) respectively; (ii) by inserting after paragraph (1) the following: ``(2) direct the consumer reporting agency that provided the consumer report used in the decision to take the adverse action to provide the consumer with the disclosures described in section 612(b);''; and (iii) in paragraph (5), as redesignated by this paragraph-- (I) in the matter preceding subparagraph (A), by striking ``of the consumer's right''; (II) by striking subparagraph (A) and inserting the following: ``(A) that the consumer will receive a copy of the consumer report on the consumer, free of charge, from the consumer reporting agency that furnished the consumer report; and''; and (III) in subparagraph (B), by inserting ``of the right of the consumer'' before ``to dispute''. (2) Notification in cases of less favorable terms.--Section 615(h) of the Fair Credit Reporting Act (15 U.S.C. 1681m(h)) is amended-- (A) in paragraph (1), by striking ``paragraph (6)'' and inserting ``paragraph (7)''; (B) in paragraph (2), by striking ``paragraph (6)'' and inserting ``paragraph (7)''; (C) in subparagraph (5)(C), by striking ``may obtain'' and inserting ``will receive'' (D) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; and (E) by inserting after paragraph (5) the following: ``(6) Reports provided to consumers.--A person who uses a consumer report as described in paragraph (1) shall notify and direct the consumer reporting agency that provided the consumer report to provide the consumer with the disclosures described in section 612(b).''. (3) Notification of subsequent submissions of negative information.--Section 623(a)(7)(A)(ii) of the Fair Credit Reporting Act (15 U.S.C. 1681s-2(a)(7)(A)(ii)) by striking ``or customer'' and inserting ``or'' before ``account''. (4) Bureau rule defining certain disclosure requirements.-- Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended by adding at the end the following: ``(h) Bureau Rule Defining Certain Disclosure Requirements.-- ``(1) Proposed rule.--Not later than 1 year after the date of enactment of the Stop Errors in Credit Use and Reporting Act, the Bureau shall publish a proposed rule to implement the disclosure requirements described in section 612(b). ``(2) Considerations.--In formulating the rule required under paragraph (1), the Bureau shall consider-- ``(A) what information would enable consumers to determine the reasons for which a person took adverse action or offered credit on materially less favorable terms and to verify the accuracy of such information; and ``(B) how to provide the information described in subparagraph (A) while protecting consumer privacy, including procedures to ensure that such information is provided to the consumer at the appropriate address.''. SEC. 4. REGULATORY REFORM. Section 621 of the Federal Credit Reporting Act (15 U.S.C. 1681s) is amended by adding at the end the following: ``(h) Consumer Reporting Agency Registry.-- ``(1) Establishment of registry.--Not later than 180 days after the date of enactment of the Stop Errors in Credit Use and Reporting Act, the Bureau shall establish 3 publicly available registries of consumer reporting agencies, including-- ``(A) a registry of nationwide consumer reporting agencies as described in section 603(p); ``(B) a registry of nationwide specialty consumer reporting agencies as defined in section 603(x); and ``(C) a registry of all other consumer reporting agencies included under subsection 603(f) that are not included under section 603(p) or 603(x). ``(2) Registration requirement.--All consumer reporting agencies as defined in section 603(f) must register with one of the registries established by the Bureau under this subsection in a timeframe established by the Bureau.''. SEC. 5. STUDY OF A PUBLIC CREDIT REPORTING SYSTEM. (a) Study.--Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall undertake a study-- (1) of credit systems in the international credit system with government-administered consumer credit reporting systems; (2) of available information regarding the accuracy of existing government-administered consumer credit reporting systems; (3) to evaluate the feasibility of a national, government- administered consumer credit reporting system; (4) of any consumer benefits that might reasonably be expected to result from a government-administered consumer credit report; and (5) of any costs that might result from a government- administered consumer credit reporting system in the United States. (b) Publication of Findings.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall publish the findings under subsection (a). SEC. 6. EFFECTIVE DATE. Except as otherwise provided in this Act and the amendments made by this Act, the provisions of this Act and the amendments made by this Act shall take effect 6 months after the date of enactment of this Act.", "summary": "Stop Errors in Credit Use and Reporting Act or the SECURE Act - Amends the Fair Credit Reporting Act, with respect to civil liability for either willful or negligent noncompliance by a consumer reporting agency with respect to consumer credit protection requirements, to authorize a court to award: (1) injunctive relief to require compliance with such Act, and (2) costs and reasonable attorney fees to the prevailing party in any successful action for injunctive relief. Requires a consumer reporting agency to include, in its mandatory notification to a furnisher of disputed information in a consumer's file, all documentation provided by the consumer. Requires the furnisher of disputed information, upon notification of a dispute, to review and consider all documentation provided by the consumer. Directs the Consumer Financial Protection Bureau (CFPB) to: (1) prepare, and deliver to appropriate parties, reports concerning disputed information received by consumer reporting agencies; and (2) prescribe rules for the gathering of information relating to such disputes. Directs the CFPB to establish mandatory procedures for a consumer reporting agency to follow to assure maximum possible accuracy of all consumer reports. Requires a consumer reporting agency to give a consumer a credit score free of charge if one is requested in connection with a free annual consumer report. Requires a consumer reporting agency to provide free disclosures, even without consumer request, to any consumer who has received either a notice of adverse action or an offer of credit on materially less favorable terms. (Present law requires such disclosure only if the consumer so requests). Directs the CFPB to establish three publicly available registries of consumer reporting agencies, including registries of: (1) nationwide consumer reporting agencies; and (2) nationwide specialty consumer reporting agencies. Directs the Comptroller General (GAO) to study: (1) credit systems in the international credit system with government-administered consumer credit reporting systems; and (2) the feasibility of a national, U.S. government-administered consumer credit reporting system."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Rental Housing Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) There is a pressing and increasing need for rental housing for rural families and senior citizens, as evidenced by the fact that-- (A) two-thirds of extremely low-income and very low-income rural households do not have access to affordable rental housing units; (B) more than 900,000 rural rental households (10.4 percent) live in either severely or moderately inadequate housing; and (C) substandard housing is a problem for 547,000 rural renters, and approximately 165,000 rural rental units are overcrowded. (2) Many rural United States households live with serious housing problems, including a lack of basic water and wastewater services, structural insufficiencies, and overcrowding, as shown by the fact that-- (A) 28 percent, or 10,400,000, rural households in the United States live with some kind of serious housing problem; (B) approximately 1,000,000 rural renters have multiple housing problems; and (C) an estimated 2,600,000 rural households live in substandard housing with severe structural damage or without indoor plumbing, heat, or electricity. (3) In rural America-- (A) one-third of all renters pay more than 30 percent of their income for housing; (B) 20 percent of rural renters pay more than 50 percent of their income for housing; and (C) 92 percent of all rural renters with significant housing problems pay more than 50 percent of their income for housing costs, and 60 percent pay more than 70 percent of their income for housing. (4) Rural economies are often less diverse, and therefore, jobs and economic opportunity are limited because-- (A) factors that exist in rural environments, such as remoteness and low population density, lead to limited access to many forces driving the economy, such as technology, lending, and investment; and (B) local expertise is often limited in rural areas where the economies are focused on farming or natural resource-based industries. (5) Rural areas have less access to credit than metropolitan areas since-- (A) banks and other investors that look for larger projects with lower risk seek metropolitan areas for loans and investment; (B) credit that is available is often insufficient, leading to the need for interim or bridge financing; and (C) credit in rural areas is often more expensive and available at less favorable terms than in metropolitan areas. (6) The Federal Government investment in rural rental housing has dropped during the last 10 years, as evidenced by the fact that-- (A) Federal spending for rural rental housing has been cut by 73 percent since 1994; and (B) rural rental housing unit production financed by the Federal Government has been reduced by 88 percent since 1990. (7) To address the scarcity of rural rental housing, the Federal Government must work in partnership with State and local governments, private financial institutions, private philanthropic institutions, and the private sector, including nonprofit organizations. SEC. 3. DEFINITIONS. In this Act: (1) Eligible project.--The term ``eligible project'' means a project for the acquisition, rehabilitation, or construction of rental housing and related facilities in an eligible rural area for occupancy by low-income families. (2) Eligible rural area.--The term ``eligible rural area'' means a rural area with a population of not more than 25,000, as determined by the most recent decennial census of the United States, and that is located outside an urbanized area. (3) Eligible sponsor.--The term ``eligible sponsor'' means a public agency, an Indian tribe, a for-profit corporation, or a private nonprofit corporation-- (A) a purpose of which is planning, developing, or managing housing or community development projects in rural areas; and (B) that has a record of accomplishment in housing or community development and meets other criteria established by the Secretary by regulation. (4) Low-income families.--The term ``low-income families'' has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (5) Qualified intermediary.--The term ``qualified intermediary'' means a State, a State agency designated by the Governor of the State, a public instrumentality of the State, a private nonprofit community development corporation, a nonprofit housing corporation, a community development loan fund, or a community development credit union, that-- (A) has a record of providing technical and financial assistance for housing and community development activities in rural areas; and (B) has a demonstrated technical and financial capacity to administer assistance made available under this Act. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) State.--The term ``State'' means each of the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, and any other possession of the United States. SEC. 4. RURAL RENTAL HOUSING ASSISTANCE. (a) In General.--The Secretary may, directly or through 1 or more qualified intermediaries in accordance with section 5, make assistance available to eligible sponsors in the form of loans, grants, interest subsidies, annuities, and other forms of financing assistance, to finance the eligible projects. (b) Applications.-- (1) In general.--To be eligible to receive assistance under this section, an eligible sponsor shall submit to the Secretary, or a qualified intermediary, an application in such form and containing such information as the Secretary shall require by regulation. (2) Affordability restriction.--Each application under this subsection shall include a certification by the applicant that the housing to be acquired, rehabilitated, or constructed with assistance under this section will remain affordable for low- income families for not less than 30 years. (c) Priority for Assistance.--In selecting among applicants for assistance under this section, the Secretary, or a qualified intermediary, shall give priority to providing assistance to eligible projects-- (1) for very low-income families (as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (2) in low-income communities or in communities with a severe lack of affordable rental housing, in eligible rural areas, as determined by the Secretary; or (3) if the applications are submitted by public agencies, Indian tribes, private nonprofit corporations or limited dividend corporations in which the general partner is a non- profit entity whose principal purposes include planning, developing and managing low-income housing and community development projects. (d) Allocation of Assistance.-- (1) In general.--In carrying out this section, the Secretary shall allocate assistance among the States, taking into account the incidence of rural substandard housing and rural poverty in each State and the share of that State of the national total of such incidence. (2) Small state minimum.--In making an allocation under paragraph (1), the Secretary shall provide each state an amount not less than $2,000,000. (e) Limitations on Amount of Assistance.-- (1) In general.--Except as provided in paragraph (2), assistance made available under this Act may not exceed 50 percent of the total cost of the eligible project. (2) Exception.--Assistance authorized under this Act shall not exceed 75 percent of the total cost of the eligible project, if the project is for the acquisition, rehabilitation, or construction of not more than 20 rental housing units for use by very low-income families. SEC. 5. DELEGATION OF AUTHORITY. (a) In General.--The Secretary may delegate authority for distribution of assistance-- (1) to one or more qualified intermediaries in the State; and (2) for a period of not more than 3 years, at which time that delegation of authority shall be subject to renewal, in the discretion of the Secretary, for 1 or more additional periods of not more than 3 years. (b) Solicitation.-- (1) In general.--The Secretary may, in the discretion of the Secretary, solicit applications from qualified intermediaries for a delegation of authority under this section. (2) Contents of application.--Each application under this subsection shall include-- (A) a certification that the applicant will-- (i) provide matching funds from sources other than this Act in an amount that is not less than the amount of assistance provided to the applicant under this section; and (ii) distribute assistance to eligible sponsors in the State in accordance with section 4; and (B) a description of-- (i) the State or the area within a State to be served; (ii) the incidence of poverty and substandard housing in the State or area to be served; (iii) the technical and financial qualifications of the applicant; and (iv) the assistance sought and a proposed plan for the distribution of such assistance in accordance with section 4. (3) Multistate applications.--The Secretary may, in the discretion of the Secretary, seek application by qualified intermediaries for more than 1 State. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $250,000,000 for each of fiscal years 2004 through 2008.", "summary": "Rural Rental Housing Act of 2003 - Authorizes the Secretary of Agriculture to provide rural rental assistance, with applicant priority given to very low-income families, low-income communities, rural areas, and communities with severe lack of affordable rental housing."}
{"article": "SECTION. 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Telecommunications Economic Opportunity Act of 1995''. (b) Findings.--The Congress finds the following: (1) It is in the public interest for business enterprises owned by minorities and women to participate in procurement contracts of all providers of telecommunications services. (2) The opportunity for full participation in our free enterprise system by business enterprises that are owned by minorities and women is essential if this Nation is to attain social and economic equality for those businesses and improve the functioning of the national economy. (3) It is in this Nation's interest to expeditiously improve the economically disadvantaged position of business enterprises that are owned by minorities and women. (4) The position of these businesses can be improved through the development by the providers of telecommunications services of substantial long-range and annual goals, which are supported by training and technical assistance, for the purchase, to the maximum practicable extent, of technology, equipment, supplies, services, material and construction from minority business enterprises. (5) Procurement policies which include participation of business enterprises that are owned by minorities and women also benefit the communication industry and its consumers by encouraging the expansion of the numbers of suppliers for procurement, thereby encouraging competition among suppliers and promoting economic efficiency in the process. SEC. 2. PURPOSE. The purposes of this Act are-- (1) to encourage and foster greater economic opportunity for business enterprises that are owned by minorities and women; (2) to promote competition among suppliers to providers of telecommunications services and their affiliates to enhance economic efficiency in the procurement of telephone corporation contracts and contracts of their State commission-regulated subsidiaries and affiliates; (3) to clarify and expand a program for the procurement by State and federally-regulated telephone companies of technology, equipment, supplies, services, materials and construction work from business enterprises that are owned by minorities and women; and (4) to ensure that a fair proportion of the total purchases, contracts, and subcontracts for supplies, commodities, technology, property, and services offered by the providers of telecommunications services and their affiliates are awarded to minority and women business enterprises. SEC. 3. ANNUAL PLAN SUBMISSION. (a) Annual Plans Required.-- (1) In general.--The Commission shall require each provider of telecommunications services to submit annually a detailed and verifiable plan for increasing its procurement from business enterprises that are owned by minorities or women in all categories of procurement in which minorities are under represented. (2) Contents of plans.--The annual plans required by paragraph (1) shall include (but not be limited to) short- and long-term progressive goals and timetables, technical assistance, and training and shall, in addition to goals for direct contracting opportunities, include methods for encouraging both prime contractors and grantees to engage business enterprises that are owned by minorities and women in subcontracts in all categories in which minorities are under represented. (3) Implementation report.--Each provider of telecommunications services shall furnish an annual report to the Commission regarding the implementation of programs established pursuant to this Act in such form as the Commission shall require, and at such time as the Commission shall annually designate. (4) Report to congress.--The Commission shall provide an annual report to Congress, beginning in January 1996, on the progress of activities undertaken by each provider of telecommunications services regarding the implementation of activities pursuant to this Act to develop business enterprises that are owned by minorities or women. The report shall evaluate the accomplishments under this Act and shall recommend a program for enhancing the policy declared in this Act, together with such recommendations for legislation as it deems necessary or desirable to further that policy. (b) Regulations and Criteria for Determining Eligibility of Minority Business Enterprises for Procurement Contracts.-- (1) In general.--The Commission shall establish regulations for implementing programs pursuant to this Act that will govern providers of telecommunications services and their affiliates. (2) Verifying criteria.--The Commission shall develop and publish regulations setting forth criteria for verifying and determining the eligibility of business enterprises that are owned by minorities or women for procurement contracts. (3) Outreach.--The Commission's regulations shall require each provider of telecommunications services and its affiliates to develop and to implement an outreach program to inform and recruit business enterprises that are owned by minorities or women to apply for procurement contracts under this Act. (4) Enforcement.--The Commission shall establish and promulgate such regulations necessary to enforce the provisions of this Act. (c) Waiver Authority.--The requirements of this section may be waived, in whole or in part, by the Commission with respect to a particular contract or subcontract in accordance with guidelines set forth in regulations which the Commission shall prescribe when it determines that the application of such regulations prove to result in undue hardship or unreasonable expense to a provider of telecommunications services. SEC. 4. SANCTIONS AND REMEDIES. (a) False Representation of Businesses; Sanctions.-- (1) In general.--Any person or corporation, through its directors, officers, or agent, which falsely represents the business as a business enterprise that is owned by minorities or women in the procurement or attempt to procure contracts from telephone operating companies and their affiliates pursuant to this article, shall be punished by a fine of not more than $5,000, or by imprisonment for a period not to exceed 5 years of its directors, officers, or agents responsible for the false statements, or by both fine and imprisonment. (2) Holding companies.--Any provider of telecommunications services which falsely represents its annual report to the Commission or its implementation of its programs pursuant to this section shall be subject to a fine of $100,000 and be subject to a penalty of up to 5 years restriction from participation in lines of business activities provided for in this Act. (b) Independent Cause of Action, Remedies, and Attorney Fees.-- (1) Discrimination prohibited.--No otherwise qualified business enterprise that is owned by minorities or women shall solely, by reason of its racial, ethnic, or gender composition be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in procuring contracts from telephone utilities. (2) Civil actions authorized.--Whenever a qualified business enterprise that is owned by minorities or women has reasonable cause to believe that a provider of telecommunications services or its affiliate is engaged in a pattern or practice of resistance to the full compliance of any provision of this Act, the business enterprise may bring a civil action in the appropriate district court of the United States against the provider of telecommunications services or its affiliate requesting such monetary or injunctive relief, or both, as deemed necessary to ensure the full benefits of this Act. (3) Attorneys' fees and costs.--In any action or proceeding to enforce or charge of a violation of a provision of this Act, the court, in its discretion, may allow the prevailing party reasonable attorneys' fees and costs. SEC. 5. DEFINITIONS. For the purpose of this Act, the following definitions apply: (1) The term ``business enterprise owned by minorities or women'' means-- (A) a business enterprise that is at least 51 percent owned by a person or persons who are minority persons or women; or (B) in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more persons who are minority persons or women, and whose management and daily business operations are controlled by one or more of those persons. (2) The term ``minority person'' means persons who are Black Americans, Hispanic Americans, Native Americans, Asian Americans, and Pacific Americans. (3) The term ``control'' means exercising the power to make financial and policy decisions. (4) The term ``operate'' means the active involvement in the day-to-day management of the business and not merely being officers or directors. (5) The term ``Commission'' means the Federal Communications Commission. (6) The term ``telecommunications service'' means the offering, on a common carrier basis, of telecommunications facilities, or of telecommunications by means of such facilities. Such term does not include an information service.", "summary": "Telecommunications Economic Opportunity Act of 1995 - Directs the Federal Communications Commission (FCC) to require each provider of telecommunications services (provider) to submit annually a detailed and verifiable plan for increasing its procurement from businesses that are owned by minorities and women in all categories of procurement in which minorities are underrepresented. Requires each provider to report annually to the FCC regarding implementation of programs established under this Act. Directs the FCC to report annually to the Congress on the progress of activities undertaken by each provider. Directs the FCC to establish regulations for: (1) implementing programs under this Act; and (2) verifying and determining the eligibility of businesses owned by minorities and women. Requires each provider and its affiliates to develop and implement an outreach program to inform and recruit eligible businesses to apply for procurement contracts under this Act. Allows for the waiver of such requirements when their application to a provider results in undue hardship or unreasonable expense. Provides sanctions and remedies in the case of: (1) a business that falsely represents itself as a business owned by minorities or women; or (2) a provider which makes false representations in its annual report to the FCC or in its implementation of programs under this Act. Prohibits discrimination against eligible businesses attempting to procure contracts from telephone utilities. Authorizes civil actions by eligible businesses to enforce the provisions of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``RCAF/RAF-Americans Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Europe was at war before the end of 1939. England and her British Commonwealth of Nations, which included the Dominion of Canada, were warring with Nazi Germany. (2) Early in World War II the Royal Canadian Air Force (RCAF) needed large numbers of pilots and the British Commonwealth Air Training Plan (BCATP) made Canada a center for aircrew training. (3) Approximately 8,864 Americans volunteered to join the RCAF beginning as early as 1940 and continuing throughout World War II. These RCAF-Americans came from every state in the Union. (4) Many of the RCAF-Americans were urgently needed as flying instructors and helped to fully staff the BCATP operations. (5) Approximately 750 Americans (244 with the highly regarded Eagle Squadrons) also served in Great Britain with the RAF. The Eagle Squadrons served from February, 1941, until September, 1942, and provided the British welcome relief from the stress of losing large numbers of combat pilots. (6) President Franklin Roosevelt called the BCATP the ``Aerodrome Of Democracy''. Canadian Prime Minister Mackenzie King, General Dwight Eisenhower, and British Prime Minister Winston Churchill, all expressed their gratitude to the United States men and women who took part in the British Commonwealth Air Training Plan. (7) Approximately 3,794 Americans transferred to the U.S. Army Air Force (USAAF) after the attack on Pearl Harbor. The 3 Eagle Squadrons (No.71/No.121/No.133), transferred into the 4th Fighter Group, USAAF in September 1942. (8) The transfer of these courageous RCAF/RAF-Americans helped prevent a shortage of experienced airmen in the aftermath of America's entry into the war. (9) Many of these highly trained and experienced RCAF/RAF- Americans pilots performed crucial roles as flight instructors for the USAAF. (10) The accumulated knowledge and skills possessed by these RCAF/RAF-American airmen resulted in many becoming highly accomplished USAAF combat pilots. (11) One of the most highly decorated military groups, the American Fighter Aces, can count many of these RCAF/RAF- Americans among their venerable ranks. (12) These brave Americans left their families to join the RCAF/RAF and over 800 lost their lives while serving. They represent the exceptional courage that has been displayed in the defense of Freedom throughout our Nation's history. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a single gold medal of appropriate design in commemoration of all U.S. nationals who joined the Royal Canadian Air Force or the Royal Air Force during World War II, both before and after Japan's attack on Pearl Harbor, in recognition of their contributions to the Nation. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the U.S. nationals described under subsection (a), and that preference should be given to locations affiliated with the Smithsonian Institution. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "summary": "RCAF/RAF-Americans Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal in commemoration of all U.S. nationals who joined the Royal Canadian Air Force or the Royal Air Force during World War II."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Commission Reform Act''. SEC. 2. FINDINGS. (a) Headquarters.--Congress finds that-- (1) regional commissions, such as the Delta Regional Authority, the Denali Commission, and the Northern Border Regional Commission, are each headquartered in their respective region; (2) headquartering regional commissions within the region affected is a sensible approach to ensure that the commissions are housed in more affordable locations than the District of Columbia, thereby reducing administrative overhead and making the commissions closer and more accountable to the people the commissions were designed to serve; (3) the Appalachian Regional Commission (referred to in this Act as the ``Commission'') is not headquartered in Appalachia but in Washington, DC; and (4) the headquarters of the Commission should be relocated from the District of Columbia to a more affordable location in the Appalachian region so that it is closer and more accountable to the people the Commission was designed to serve. (b) Performance.--Congress finds that-- (1) the Commission was created to help foster economic opportunity and close health and educational disparities in a geographic region of the United States beleaguered by persistent poverty and high unemployment; (2) the Commission remains the sole Federal agency focused singularly on economic revitalization in the Appalachian region; (3) in 1998, Congress charged the Commission with ``address[ing] the needs of severely and persistently distressed areas of the Appalachian region and focus[ing] special attention on the areas of greatest need''; (4) the Commission has long been criticized for its shortcomings in fulfilling this mission, including in-- (A) a 1999 study titled ``Mountain Money: Federal Tax Dollars Miss the Mark in Core Appalachia'' by Mark Ferenchik and Jill Ripenhoff for the Columbus Dispatch; and (B) a 2008 book titled ``Uneven Ground: Appalachia Since 1945'' by Ronald D. Eller; (5) in 2004, the Office of Management and Budget noted the importance of the Commission ``[f]ocusing efforts on . . . targeting assistance to areas of distress''; (6) in 2017, Citizens Against Government Waste characterized the programming of the Commission as duplicative and called for drastic reductions in the budget of the Commission; (7) in 2017, the Office of Management and Budget, citing a Government Accountability Office study, concluded that the Commission should be abolished, and that conclusion was reflected in the fiscal year 2018 budget request submitted by the President; (8) these recent actions reflect a growing chorus that the Commission should be reformed; and (9) therefore, given the long-recognized shortcomings of the Commission, the long-standing criticism of the Commission, and the need to ensure its optimal performance, the time has arrived for the Commission to be reformed. (c) Persistent Poverty.--Congress finds that-- (1) using 1960 data, the Commission (which was created in 1965) concluded that there were 214 distressed counties in the Appalachian region; (2) in 2017, according to the Commission, there are 84 distressed counties in the Appalachian region, reflecting the areas of most persistent poverty in the region; and (3) therefore, the Commission should be reformed to focus its attention on the areas of most persistent poverty in the region. (d) Area Development Funding for Distressed Counties.--Congress finds that-- (1) according to the study by the Columbus Dispatch referred to in subsection (b)(4)(A), of the 22,169 grants issued by the Commission from fiscal year 1966 through fiscal year 1998, none of the 5 counties that received the most Commission funding was considered distressed, and more than \\1/ 4\\ of all Commission spending during that period went to States with few, if any, distressed counties; (2) according to author Ronald D. Eller in 2014, ``[the Commission] policies have concentrated resources in a select few `growth centers' in the [Appalachian] region, expanding services to the poor and growing the mountain middle class, but doing little to alter conditions in the most rural distressed counties or to address systemic political or economic inequalities throughout Appalachia''; (3) until 1995, the Commission allocated up to 20 percent of its area development grants for use in distressed counties; (4) following instructions given to the Commission by the Committees on Appropriations of the Senate and the House of Representatives in 1995, this allocation was increased by the Commission to 30 percent; (5) section 7.5(c) of the Code of the Commission (as in effect on the date of enactment of this Act) reflects this 1995 policy change and states that the Commission ``will allocate up to 30 percent of Commission area development funds for use in distressed counties'', even though, according to the Commission's public representations, economic conditions in distressed areas of the Appalachian region have not greatly improved since the 1960s; (6) given the persistent levels of poverty in the distressed counties in the Appalachian region, more area development funding and emphasis should be devoted to those counties; and (7) therefore, the allocation described in paragraph (3) should be increased to 60 percent. (e) Grant Expenditures.--Congress finds that-- (1) section 14524(d) of title 40, United States Code, provides that ``not less than 50 percent of the amount of grant expenditures the Commission approves shall support activities or projects that benefit severely and persistently distressed counties and areas''; (2) given the persistent levels of poverty in the distressed counties in the Appalachian region, more grant expenditures and emphasis should be devoted to those counties; and (3) therefore, the 50 percent threshold in section 14524(d) of title 40, United States Code, should be increased to 60 percent. SEC. 3. MISSION OF THE APPALACHIAN REGIONAL COMMISSION. Section 14301 of title 40, United States Code, is amended by striking subsection (a) and inserting the following: ``(a) Establishment and Mission.-- ``(1) Establishment.--There is an Appalachian Regional Commission (referred to in this chapter as the `Commission'). ``(2) Mission.--The mission of the Commission shall be to focus primarily on poverty reduction and economic development in areas in the Appalachian region with the most persistent poverty.''. SEC. 4. HEADQUARTERS OF THE APPALACHIAN REGIONAL COMMISSION. (a) In General.--Section 14301 of title 40, United States Code, is amended by adding at the end the following: ``(g) Headquarters.--The headquarters of the Commission shall be located in the Appalachian region.''. (b) Implementation.--The Federal Cochairman of the Commission shall take such actions as may be necessary to carry out the amendment made by subsection (a). SEC. 5. GRANT EXPENDITURES. Section 14524(d) of title 40, United States Code, is amended by striking ``50 percent'' and inserting ``60 percent''. SEC. 6. AREA DEVELOPMENT FUNDS FOR DISTRESSED COUNTIES. Section 14526(b) of title 40, United States Code, is amended-- (1) by striking ``In program and'' and inserting the following: ``(1) In general.--In program and''; and (2) by adding at the end the following: ``(2) Area development funds.-- ``(A) In general.--Of the funds made available for each fiscal year for the Area Development Program of the Commission, the Commission shall allocate not less than 60 percent for projects in counties for which a distressed county designation is in effect under this section. ``(B) Methodology.--The methodology for determining whether a county is designated as a distressed county under subsection (a)(1)(A) shall be the methodology in effect on the day before the date of enactment of the Appalachian Regional Commission Reform Act. ``(3) Report.--The Commission shall submit an annual report that describes the allocation of funds, in dollar amounts and percentage of total appropriations, for the Area Development Program to counties described in paragraph (2) to-- ``(A) the Speaker of the House of Representatives; ``(B) the minority leader of the House of Representatives; ``(C) the majority leader of the Senate; ``(D) the minority leader of the Senate; ``(E) the Committee on Appropriations of the House of Representatives; ``(F) the Committee on Appropriations of the Senate; ``(G) the Committee on Transportation and Infrastructure of the House of Representatives; and ``(H) the Committee on Environment and Public Works of the Senate.''.", "summary": "Appalachian Regional Commission Reform Act This bill declares that the mission of the Appalachian Regional Commission shall be to focus primarily on poverty reduction and economic development in areas in the Appalachian region with the most persistent poverty. The headquarters of the commission shall be located in that region. The bill increases from 50% to 60% the minimum amount of the grant expenditures approved by the commission that shall support activities or projects that benefit severely and persistently distressed counties and areas. The commission shall: (1) allocate at least 60% of the funds made available each fiscal year for its Area Development Program for projects in counties designated as distressed, and (2) submit an annual report on the allocation of program funds to such counties."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``New Aid for Trustworthy, Affordable Drugs Act (NAFTA Drugs Act)''. SEC. 2. HARMONIZATION OF DRUG LAWS REGARDING IMPORTATION INTO NAFTA COUNTRIES FROM OTHER NAFTA COUNTRIES. Section 803 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 383) is amended by adding at the end the following subsection: ``(d)(1) Consistent with the North American Free Trade Agreement approved by the Congress under section 101(a) of Public Law 103-182 (referred to in this subsection as `NAFTA'), the United States Trade Representative shall seek to enter into agreements with other NAFTA countries to harmonize regulatory requirements for drugs such that drugs approved for commercial distribution in any NAFTA country may be imported or exported from any NAFTA country into any NAFTA country. ``(2) The United States Trade Representative shall carry out this subsection in consultation with the Secretary and the Commissioner of Food and Drugs. ``(3) The United States Trade Representative may enter into a harmonization agreement under paragraph (1) only if such Representative determines as follows: ``(A) That the proposed agreement provides for regulatory standards for drugs that are consistent with the requirements of this Act. ``(B) That the proposed agreement provides for-- ``(i) the display of a seal on the labeling of the drugs involved, whose purpose is to indicate that the drugs meet the standards of the harmonization agreement and may be imported as provided in paragraph (1); ``(ii) uniform standards applicable to the display of such a seal in any NAFTA country; and ``(iii) approval of such a seal by the appropriate health authority in any NAFTA country before the display of the seal in that country, for the purpose of ensuring that the seal complies with the uniform standards described in clause (ii). ``(C) That the proposed agreement provides that a drug may not be imported into a NAFTA country from another NAFTA country unless the labeling of the drug bears a seal described in subparagraph (B). ``(D) That the proposed agreement provides for a system of unique tracking numbers to indicate-- ``(i) the manufacturer of the drug involved, the NAFTA country of origin, and the wholesale distributors of the drug; and ``(ii) in the case of a prescription drug, the pharmacy that dispenses the drug. ``(E) That the proposed agreement provides for-- ``(i) the placement of a seal described in subparagraph (B) on the labeling of a drug only by a pharmacy registered in accordance with this subparagraph; ``(ii) registration of pharmacies in each NAFTA country by the appropriate health authority in each such country for the purpose of authorizing such pharmacies to place a seal described in subparagraph (B) on the labeling of drugs; and ``(iii) uniform standards applicable to such registration. ``(F) That the proposed agreement-- ``(i) requires drug manufacturers to reimburse the Secretary of Health and Human Services for benefits derived by such manufacturers from research performed by the National Institutes of Health; and ``(ii) authorizes use of such reimbursement to pay the expenses incurred by the Food and Drug Administration in approving seals under subparagraph (B) and registering pharmacies under subparagraph (E). ``(G) That the proposed agreement prohibits any discrimination by any person in the manufacture, distribution, or sale of any drug that bears a seal described in subparagraph (B), on the basis of a prospective customer's citizenship or residency in a NAFTA country, or on the basis of a request for shipment of the drug to any NAFTA country. ``(4) The authority of the United States Trade Representative to enter a harmonization agreement under paragraph (1) terminates one year after the date of the enactment of New Aid for Trustworthy, Affordable Drugs Act (NAFTA Drugs Act). ``(5) For purposes of this subsection, the term `NAFTA country' means each of the United States, Canada, and the United Mexican States-- ``(A) for such time as NAFTA is in force with respect to such country; and ``(B) in the case of each of Canada and the United Mexican States, for such time as the United States applies NAFTA to such country.''.", "summary": "New Aid for Trustworthy, Affordable Drugs Act (NAFTA Drugs Act) - Directs the United States Trade Representative (USTR) to enter into agreements with other North American Free Trade Agreement (NAFTA) countries (Canada and Mexico) to harmonize regulatory requirements such that drugs approved for commercial distribution in any NAFTA country may be imported or exported between NAFTA countries. Permits the USTR to enter into such an agreement only if the agreement provides for: (1) regulatory standards for drugs that are consistent with the requirements of this Act; (2) a seal, to be placed only by a registered pharmacy, certifying that a given drug meets the standards of the harmonization agreement and may be imported; (3) a unique system of tracking numbers identifying certain entities, including the drug manufacturer and the NAFTA county of origin; (4) the reimbursement by drug manufacturers of the Secretary of Health and Human Services for benefits derived from National Institutes of Health research. Sets a sunset of one year after the passage of this Act for the authority of the USTR to enter into harmonization agreements under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Imperial Valley Desert Conservation and Recreation Act''. SEC. 2. TRANSFER OF LAND TO ANZA-BORREGO DESERT STATE PARK, CALIFORNIA. (a) In General.--On termination of all mining claims to the land described in paragraph (2), the Secretary shall transfer the land described in that paragraph to the State. (b) Description of Land.--The land referred to in paragraph (1) is certain Bureau of Land Management land in San Diego County, California, comprising approximately 934 acres, as generally depicted on the map entitled ``Table Mountain Wilderness Study Area Proposed Transfer to the State'' and dated March 17, 2015. (c) Management.-- (1) In general.--The land transferred under paragraph (1) shall be managed in accordance with the provisions of the California Wilderness Act (California Public Resources Code sections 5093.30-5093.40). (2) Withdrawal.--Subject to valid existing rights, the land transferred under paragraph (1) is withdrawn from-- (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing. (3) Reversion.--If the State ceases to manage the land transferred under paragraph (1) as part of the State Park System or in a manner inconsistent with the California Wilderness Act (California Public Resources Code sections 5093.30-5093.40), the land shall revert to the Secretary at the discretion of the Secretary, to be managed as a Wilderness Study Area. SEC. 3. HOLTVILLE AIRPORT, IMPERIAL COUNTY. (a) In General.--On the submission of an application by Imperial County, California, the Secretary of Transportation shall, in accordance with section 47125 of title 49, United States Code, and section 2641.1 of title 43, Code of Federal Regulations (or successor regulations) seek a conveyance from the Secretary of approximately 3,500 acres of Bureau of Land Management land adjacent to the Imperial County Holtville Airport (L04) for the purposes of airport expansion. (b) Segregation.--The Secretary (acting through the Director of the Bureau of Land Management) shall, with respect to the land to be conveyed under subsection (a)-- (1) segregate the land; (2) endeavor to develop a joint Memorandum of Understanding with the Imperial County Board of Supervisors, the Department of Defense, and the Department of Transportation; such an agreement shall not impose any obligation, term, or condition on the property owned by Imperial County; and (3) prohibit the appropriation of the land until-- (A) the date on which a joint Memorandum of Understanding is signed by the parties listed in paragraph (2); (B) the date on which a notice of realty action terminates the application; and (C) the date on which a document of conveyance is published. SEC. 4. VINAGRE WASH SPECIAL MANAGEMENT AREA. (a) Establishment.--There is established the Vinagre Wash Special Management Area in the State, to be managed by the El Centro Field Office and the Yuma Field Office of the Bureau of Land Management. (b) Purpose.--The purpose of the Management Area is to conserve, protect, and enhance-- (1) the plant and wildlife values of the Management Area; and (2) the outstanding and nationally significant ecological, geological, scenic, recreational, archaeological, cultural, historic, and other resources of the Management Area. (c) Boundaries.--The Management Area shall consist of the public land in Imperial County, California, comprising approximately 81,880 acres, as generally depicted on the map. (d) Map; Legal Description.-- (1) In general.--As soon as practicable, but not later than 3 years, after the date of enactment of this title, the Secretary shall submit a map and legal description of the Management Area to-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Effect.--The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any errors in the map and legal description. (3) Availability.--Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in-- (A) the Office of the Director of the Bureau of Land Management; and (B) the appropriate office of the Bureau of Land Management in the State. SEC. 5. MANAGEMENT. (a) In General.--The Secretary shall allow hiking, camping, hunting, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated routes in the Management Area in a manner that-- (1) is consistent with the purpose of the Management Area described in section 4(b); (2) ensures public health and safety; and (3) is consistent with applicable laws and regulations, including the Desert Renewable Energy Conservation Plan. (b) Off-Highway Vehicle Use.-- (1) In general.--Subject to paragraphs (2) and (3) and all other applicable laws, the use of off-highway vehicles shall be permitted on routes in the Management Area generally depicted on the map. (2) Closure.--The Secretary may temporarily close or permanently reroute a portion of a route described in paragraph (1)-- (A) to prevent, or allow for restoration of, resource damage; (B) to protect tribal cultural resources, including the resources identified in the tribal cultural resources management plan; (C) to address public safety concerns; or (D) as otherwise required by law. (3) Designation of additional routes.--During the 3-year period beginning on the date of enactment of this title, the Secretary-- (A) shall accept petitions from the public regarding additional routes for off-highway vehicles; and (B) may designate additional routes that the Secretary determines-- (i) would provide significant or unique recreational opportunities; and (ii) are consistent with the purposes of the Management Area. (c) Withdrawal.--Subject to valid existing rights, all Federal land within the Management Area is withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) right-of-way, leasing, or disposition under all laws relating to-- (A) minerals; or (B) solar, wind, and geothermal energy. (d) No Buffers.--The establishment of the Management Area shall not-- (1) create a protective perimeter or buffer zone around the Management Area; or (2) preclude uses or activities outside the Management Area that are permitted under other applicable laws, even if the uses or activities are prohibited within the Management Area. (e) Notice of Available Routes.--The Secretary shall ensure that visitors to the Management Area have access to adequate notice relating to the availability of designated routes in the Management Area through-- (1) the placement of appropriate signage along the designated routes; (2) the distribution of maps, safety education materials, and other information that the Secretary determines to be appropriate; and (3) restoration of areas that are not designated as open routes, including vertical mulching. (f) Stewardship.--The Secretary, in consultation with Indian tribes and other interests, shall develop a program to provide opportunities for monitoring and stewardship of the Management Area to minimize environmental impacts and prevent resource damage from recreational use, including volunteer assistance with-- (1) route signage; (2) restoration of closed routes; (3) protection of Management Area resources; and (4) recreation education. (g) Protection of Tribal Cultural Resources.--Not later than 2 years after the date of enactment of this title, the Secretary, in accordance with chapter 2003 of title 54, United States Code, and any other applicable law, shall-- (1) prepare and complete a tribal cultural resources survey of the Management Area; and (2) consult with the Quechan Indian Nation and other Indian tribes demonstrating ancestral, cultural, or other ties to the resources within the Management Area on the development and implementation of the tribal cultural resources survey under paragraph (1). SEC. 6. POTENTIAL WILDERNESS. (a) Protection of Wilderness Character.-- (1) In general.--The Secretary shall manage the Federal land in the Management Area described in paragraph (2) in a manner that preserves the character of the land for the eventual inclusion of the land in the National Wilderness Preservation System. (2) Description of land.--The Federal land described in this paragraph is-- (A) the approximately 10,860 acres of land, as generally depicted as the Indian Pass Additions on the map entitled ``Vinagre Wash Proposed Special Management Area'' and dated November 10, 2009; (B) the approximately 17,250 acres of land, as generally depicted as Milpitas Wash Potential Wilderness on the map entitled ``Vinagre Wash Proposed Special Management Area'' and dated November 10, 2009; (C) the approximately 11,840 acres of land, as generally depicted as Buzzards Peak Potential Wilderness on the map entitled ``Vinagre Wash Proposed Special Management Area'' and dated November 10, 2009; and (D) the approximately 9,350 acres of land, as generally depicted as Palo Verde Mountains Potential Wilderness on the map entitled ``Vinagre Wash Proposed Special Management Area'' and dated November 10, 2009. (3) Use of land.-- (A) Military uses.--The Secretary shall manage the Federal land in the Management Area described in paragraph (2) in a manner that is consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), except that the Secretary may authorize use of the land by the Secretary of the Navy for Naval Special Warfare Tactical Training, including long-range small unit training and navigation, vehicle concealment, and vehicle sustainment training, in accordance with applicable Federal laws. (B) Prohibited uses.--The following shall be prohibited on the Federal land described in paragraph (2): (i) Permanent roads. (ii) Commercial enterprises. (iii) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety-- (I) the use of mechanized vehicles; and (II) the establishment of temporary roads. (4) Wilderness designation.-- (A) In general.--The Federal land described in paragraph (2) shall be designated as wilderness and as a component of the National Wilderness Preservation System on the date on which the Secretary, in consultation with the Secretary of Defense, publishes a notice in the Federal Register that all activities on the Federal land that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have terminated. (B) Designation.--On designation of the Federal land under clause (i)-- (i) the land described in paragraph (2)(A) shall be incorporated in, and shall be considered to be a part of, the Indian Pass Wilderness; (ii) the land described in paragraph (2)(B) shall be designated as the ``Milpitas Wash Wilderness''; (iii) the land described in paragraph (2)(C) shall be designated as the ``Buzzard Peak Wilderness''; and (iv) the land described in paragraph (2)(D) shall be incorporated in, and shall be considered to be a part of, the Palo Verde Mountains Wilderness. (b) Administration of Wilderness.--Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by this title shall be administered by the Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.). SEC. 7. DEFINITIONS. In this Act: (1) Management area.--The term ``Management Area'' means the Vinagre Wash Special Management Area. (2) Map.--The term ``map'' means the map entitled ``Vinagre Wash Proposed Special Management Area; Indian Pass Mountains and Palo Verde Mountains Potential Wilderness Additions, and Buzzards Peak, Milpitas Wash Potential Wilderness'' and dated February 19, 2015. (3) Public land.--The term ``public land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of California.", "summary": "Imperial Valley Desert Conservation and Recreation Act This bill directs the Department of the Interior to convey to the state of California approximately 934 acres of specified public lands administered by the Bureau of Land Management (BLM) in San Diego County, upon termination of all mining claims to such lands, to be managed in accordance with the provisions of the California Wilderness Act. On the submission of an application by Imperial County, California, the Department of Transportation shall seek a conveyance from Interior of approximately 3,500 acres of BLM-administered land adjacent to the Imperial County Holtville Airport in Imperial County, California, for purposes of airport expansion. The bill establishes the Vinagre Wash Special Management Area in California to conserve, protect, and enhance its plant and wildlife values and nationally significant resources. The area shall consist of approximately 81,880 acres of certain public lands in Imperial County. Interior shall manage specified lands in the management area to preserve their character for eventual inclusion in the National Wilderness Preservation System."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Employee Stock Option Act of 2002''. SEC. 2. INCENTIVES TO GRANT EMPLOYEE STOCK OPTIONS. (a) In General.--Section 423 of the Internal Revenue Code of 1986 (relating to employee stock purchase plans) is amended by adding at the end the following new subsection: ``(d) Special Incentives With Respect to Employee Stock Purchase Plans Which Meet Certain Additional Requirements.-- ``(1) In general.--If-- ``(A) section 421(a) would (but for this subsection) apply with respect to the transfer of stock to an individual by reason of this section, and ``(B) the requirements of paragraph (2) are met with respect to such transfer, the rules of paragraph (3) shall apply in lieu of the rules of section 421(a) and section 56(b)(3) shall not apply. ``(2) Requirements.--A transfer of stock to an individual meets the requirements of this paragraph if-- ``(A) the price paid by the individual for the stock under the option is paid only through payroll deductions in substantially equal amounts over a period of not less than 12 months and not more than 60 months, ``(B) such payroll deductions are held in a trust described in paragraph (5), ``(C) the price of the stock acquired under the option is not less than the fair market value of the stock at the time the option is granted, ``(D) ownership of the stock is transferred to the individual at the end of the payroll deduction period (or, if earlier, the date that the price of the stock under the option is fully paid), ``(E) the individual's election to commence withholding to purchase such stock pursuant to the option is made during the 30-day period beginning on the earliest date that the individual could have made the election to commence withholding to acquire stock pursuant to such option, and ``(F) the stock acquired by the individual pursuant to the option-- ``(i) is held by the trust described in paragraph (5) until the individual elects to dispose of such stock, or ``(ii) at the election of the individual, is transferred to the individual. ``(3) Special tax treatment.-- ``(A) Treatment of payroll deductions.--With respect to the payroll deductions referred to in paragraph (2)(A)-- ``(i) the gross income of the individual shall not include an amount equal to such deductions, ``(ii) for purposes of subtitle C, the individual's remuneration for employment shall not include an amount equal to such deductions, and ``(iii) the deduction otherwise allowable under section 162 for remuneration paid to such individual shall be reduced by an amount equal to such deductions. The aggregate amount to which the preceding sentence applies for any taxable year of an individual shall not exceed the limitation under section 402(g)(1) for such taxable year. ``(B) Treatment when share transferred to individual.-- ``(i) Employee.--No amount shall be includible in the gross income of an individual (or treated as remuneration for purposes of subtitle C) by reason of the transfer of ownership of stock acquired pursuant to an option to which this subsection applies. ``(ii) Employer.--There shall be allowed as a deduction under section 162 to the person whose deduction was reduced under subparagraph (A)(iii) (for the taxable year in which such transfer of ownership occurs) an amount equal to the fair market value of the stock at the time of such transfer. ``(C) Treatment when share disposed of.--At the time the stock is disposed of, so much of the gain as does not exceed the deduction allowed under subparagraph (B)(ii) shall be treated as ordinary income. ``(D) Failure to include proper amount of ordinary income.--If-- ``(i) the gain on any disposition of stock acquired pursuant to an option to which this subsection applies exceeds the deduction allowed under subparagraph (B)(ii), and ``(ii) the individual fails to include in gross income as ordinary income at least the amount of such deduction, then the entire amount of gain shall be included in gross income as ordinary income. ``(4) Special rules.-- ``(A) Determination of option price.--For purposes of paragraph (2), an option to acquire stock shall be treated as being granted on the earliest date that the individual could have made the election to acquire stock pursuant to such option. ``(B) Return of payroll deductions.--Nothing in this subsection shall prevent the return of an individual's payroll deductions to the individual if the individuals elects not to use the deducted amounts to acquire the stock. The amount so returned shall be included in the gross income of such individual for the taxable year in which paid to the individual and shall be treated for purposes of subtitle C as remuneration from employment. ``(C) Termination of employment.--If an individual terminates employment with the person who granted the option to acquire stock, paragraph (2)(A) shall not apply to amounts paid within 3 months after such termination to the extent such amounts do not exceed the amount payable under options granted before the date of such termination. In the case of an individual who is disabled or who dies before the close of such 3 months, the preceding sentence shall be applied by substituting `1 year' for `3 months'. ``(D) Treatment of nonresident aliens.--If an individual is a nonresident alien individual for any portion of the taxable year, this subsection shall apply only if-- ``(i) such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013, or ``(ii) such individual has income from sources within the United States or which is effectively connected with the conduct of a trade or business in the United States. ``(E) Certain employees may be excluded.--In applying subsection (b)(4) for purposes of this subsection, there may be excluded employees included in a unit of employees covered by an agreement between employee representatives and one or more employers which the Secretary finds to be a collective bargaining agreement, if the benefits provided under this subsection were the subject of good faith bargaining between such employee representatives and such employer or employers. ``(5) Rate of cash compensation must be unaffected.--The grant of any options under the arrangement may not be directly linked with a systematic reduction in the annual rate at which basic or regular cash compensation is paid to employees under the arrangement, as determined under regulations prescribed by the Secretary of the Treasury. ``(6) Trust holding payroll deductions.--A trust is described in this paragraph if-- ``(A) the trust is created or organized in the United States exclusively for the purposes of holding payroll deductions pursuant to this subsection and stock acquired with such payroll deductions, ``(B) a separate account is maintained for each individual, and ``(C) any earnings on payroll deductions of an individual are paid not less often than annually to such individual. The Employee Retirement Income Security Act of 1974 shall not apply to any trust described in this paragraph. ``(7) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this subsection.'' (b) Exemption From Tax for Trust Holding Payroll Deductions, Etc.-- Subsection (a) of section 501 of such Code is amended by striking ``or section 401(a)'' and inserting ``, section 401(a), or section 423(d)(5)''. (c) Information Reporting.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new section: ``SEC. 6050T. RETURNS RELATING TO TRANSFER OF OWNERSHIP OF STOCK ACQUIRED PURSUANT TO CERTAIN STOCK OPTIONS. ``(a) In General.--Any person who is allowed a deduction for any taxable year under section 423(d)(3)(B)(ii) with respect to the transfer of ownership of stock to any individual shall make the return described in subsection (b) with respect to such transfer at such time as the Secretary may by regulations prescribe. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, ``(2) contains-- ``(A) the name, address, and TIN of the individual to whom the stock ownership was so transferred, ``(B) the amount of the deduction allowed under section 423(d)(3)(B)(ii) with respect to such transfer, and ``(C) such other information as the Secretary may prescribe. ``(c) Statements To Be Furnished To Persons With Respect To Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name, address, and phone number of the information contact of the person required to make such return, and ``(2) the amount of the deduction described in subsection (a) with respect to stock ownership transferred to such individual. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.'' (2) Assessable penalties.-- (A) Subparagraph (B) of section 6724(d)(1) of such Code (relating to definitions) is amended by redesignating clauses (xi) through (xvii) as clauses (xii) through (xviii), respectively, and by inserting after clause (x) the following new clause: ``(xi) section 6050T (relating to returns relating to transfers of ownership of stock acquired pursuant to certain stock options),''. (B) Paragraph (2) of section 6724(d) of such Code is amended by striking ``or'' at the end of the next to last subparagraph, by striking the period at the end of the last subparagraph and inserting ``, or'', and by adding at the end the following new subparagraph: ``(BB) section 6050T(c) (relating to returns relating to transfers of ownership of stock acquired pursuant to certain stock options).''. (3) Clerical amendment.--The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050S the following new item: ``Sec. 6050T. Returns relating to transfers of ownership of stock acquired pursuant to certain stock options.''. (d) Effective Date.--The amendments made by this section shall apply to options granted after the date of the enactment of this Act.", "summary": "Workplace Employee Stock Option Act of 2002 - Amends the Internal Revenue Code to provide for the exclusion from gross income of certain stock purchased with payroll deductions through an employee stock purchase plan.Sets forth special rules with respect to the inclusion of nonresident aliens under the provisions of this Act. Allows certain employees to be excluded from purchasing stock options under this Act.Requires certain employers to submit information returns relating to the transfer of ownership of stock acquired by employees pursuant to certain stock options, and assesses penalties for failure to comply."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Investment Act of 2006''. SEC. 2. REPEAL OF TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY. (a) Repeal of Election To Expense Certain Refineries.-- (1) Subparagraph (B) of section 179C(c)(2) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2012'' and inserting ``the date of the enactment of the Climate Change Investment Act of 2006''. (2) Paragraph (2) of section 179C(c) of such Code is amended by striking ``January 1, 2008'' each place it appears and inserting ``the date of the enactment of the Climate Change Investment Act of 2006''. (b) Repeal of Amortization of Geological and Geophysical Expenditures.--Subsection (h) of section 167 of such Code is amended by adding at the end the following new paragraph: ``(5) Termination.--This subsection shall not apply to any expenses paid or incurred in any taxable year beginning after the date of the enactment of this Act.''. (c) Repeal of Enhanced Oil Recovery Credit.--Section 43 of such Code (relating to enhanced oil recovery credit) is amended by adding at the end the following new subsection: ``(f) Termination.--This section shall not apply to taxable years beginning after the date of the enactment of this subsection.''. (d) Repeal of Credit for Production of Low Sulfur Diesel Fuel.-- Section 45H of such Code (relating to credit for production of low sulfur diesel fuel) is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply to taxable years beginning after the date of the enactment of this subsection.''. (e) Repeal of Credit for Producing Fuel From a Nonconventional Source.--Subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking section 45K (relating to credit for producing fuel from a nonconventional source). (f) Repeal of Deduction for Capital Costs Incurred in Complying With Environmental Protection Agency Sulfur Regulations.--Section 179B of such Code (relating to deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations) is amended by adding at the end the following new subsection: ``(f) Termination.--This section shall not apply to taxable years beginning after the date of the enactment of this subsection.''. (g) Repeal of Certain Intangible Drilling and Development Costs.-- Subsection (c) of section 263 of such Code (relating to intangible drilling and development costs in the case of oil and gas wells and geothermal wells) is amended by adding at the end the following new sentence: ``This subsection shall not apply to costs incurred after the date of the enactment of this sentence with respect to any oil or gas well.''. (h) Repeal of Certain Oil and Gas Provisions.-- (1) In general.--Part I of subchapter I of chapter 1 of such Code (relating to deductions) is amended by adding at the end the following new section: ``SEC. 618. OIL AND GAS LIMITATION. ``This part shall not apply with respect to any expenditure which relates to any oil or gas well and which is paid or incurred after the date of the enactment of this section.''. (2) Clerical amendment.--The table of sections for part I of subchapter I of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 618. Oil and gas limitation.''. (i) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Repeal of credit for producing fuel from a nonconventional source.--The amendment made by subsection (e) shall apply with respect to fuels sold or produced after the date of the enactment of this Act. SEC. 3. GREENHOUSE GAS INTENSITY REDUCTION INVESTMENT TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45N. GREENHOUSE GAS INTENSITY REDUCTION INVESTMENT CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--For purposes of section 38, in the case of a taxpayer's investment in a greenhouse gas intensity reduction project approved by the Secretary of Energy, the greenhouse gas intensity reduction investment credit determined under this section for the taxable year is an amount equal to-- ``(A) the percentage reduction in greenhouse gas intensity certified for such project for such year by the Secretary of Energy, multiplied by ``(B) the investment in such project during such year which is attributable, directly or indirectly, to the taxpayer, as determined by the Secretary of Energy. ``(2) Aggregate dollar limitation.--The credit determined under paragraph (1) for any taxable year, when added to any credit allowed to the taxpayer with respect to the such project in any preceding taxable year, shall not exceed 50 percent of the investment attributable to the taxpayer with respect to such project through such taxable year. ``(b) Limitation on Aggregate Credit Allowable.-- ``(1) In general.--The amount of the greenhouse gas intensity reduction investment credit determined under subsection (a) for any project, when added to all such credits allowed to all taxpayers with respect to the such project shall not exceed the credit dollar amount allocated to such project under this subsection by the Secretary of Energy from the greenhouse gas intensity reduction investment credit limitation for the calendar year in which such allocation is made. ``(2) Time for making allocation.--An allocation shall be taken into account under paragraph (1) only if it is made not later than the close of the calendar year in which the greenhouse gas intensity reduction project proposal with respect to such project is approved by the Secretary of Energy. ``(3) Overall limitation on aggregate credit allowable.-- The Secretary of Energy may allocate the aggregate credit dollar amount to any such project for a period not to exceed a 10-year period beginning with the calendar year described in paragraph (2). ``(c) Limitation on Amount of Credits Allocated.-- ``(1) In general.--There is a greenhouse gas intensity reduction investment credit limitation amount for each calendar year. Except as provided in paragraph (2), such limitation amount is $600,000,000 for each of calendar years 2008 through 2012, and zero thereafter. ``(2) Carryover of unused issuance limitation.--If for any calendar year the limitation amount imposed by paragraph (1) exceeds the amount of greenhouse gas intensity reduction investment credits allocated during such year, such excess shall be carried forward to the succeeding calendar year as an addition to the limitation imposed by paragraph (1). ``(d) Greenhouse Gas Intensity Reduction Project; Greenhouse Gas Intensity.--For purposes of this section-- ``(1) Greenhouse gas intensity reduction project.--The term `greenhouse gas intensity reduction project' means any project approved under this section by the Secretary of Energy. Such approval shall be based on the following criteria: ``(A) The extent of the reduction in greenhouse gas intensity proposed for the project. ``(B) Improvements in system efficiency. ``(C) In the case of projects located outside the United States, the extent of technology transfer. ``(D) The existence and nature of agreements for sharing project benefits and liability between the taxpayer and any host government. ``(2) Greenhouse gas intensity.--The greenhouse gas intensity for any period is equal to the volume of emissions divided by the economic activity associated with a project. ``(e) Recapture of Credit in Certain Cases.-- ``(1) In general.--If, at any time during the 20-year period of a greenhouse gas intensity reduction project, there is a recapture event with respect to such project, then the tax imposed by this chapter for the taxable year in which such event occurs shall be increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1)-- ``(A) In general.--The credit recapture amount is an amount equal to the recapture percentage of all greenhouse gas intensity reduction investment credits previously allowable to a taxpayer with respect to any investment in such project that is attributable to such taxpayer. ``(B) Recapture percentage.--The recapture percentage shall be 100 percent if the recapture event occurs during the first 5 years of the project, 75 percent if the recapture event occurs during the second 5 years of the project, 50 percent if the recapture event occurs during the third 5 years of the project, 25 percent if the recapture event occurs during the fourth 5 years of the project, and 0 percent if the recapture event occurs at any time after the 20th year of the project. ``(3) Recapture event.--For purposes of paragraph (1), there is a recapture event with respect to a greenhouse gas intensity reduction project if-- ``(A) the taxpayer violates a term or condition of the approval of the project by the Secretary of Energy at any time, ``(B) the taxpayer adopts a practice which the Secretary of Energy has specified in its approval of the project as a practice which would tend to defeat the purposes of the program, or ``(C) the taxpayer disposes of any ownership interest arising out of its investment that the Secretary of Energy has determined is attributable to the project, unless the Secretary of Energy determines that such disposition will not have any adverse effect on the greenhouse gas intensity reduction project. If an event which otherwise would be a recapture event is outside the control of the taxpayer, as determined by the Secretary of Energy, such event shall not be treated as a recapture event with respect to such taxpayer. ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(f) Disallowance of Double Benefit.-- ``(1) Basis reduction.--The basis of any investment in a greenhouse gas intensity reduction project shall be reduced by the amount of any credit determined under this section with respect to such investment. ``(2) Charitable deduction disallowed.--No deduction shall be allowed to a taxpayer under section 170 with respect to any contribution which the Secretary of Energy certifies to the Secretary of the Treasury constitutes an investment in a greenhouse gas intensity reduction project that is attributable to such taxpayer. ``(g) Certification to Treasury.--The Secretary of Energy shall certify to the Secretary of the Treasury before January 31 of each year with respect to each taxpayer which has made an investment in a greenhouse gas intensity reduction project-- ``(1) the amount of the greenhouse gas intensity reduction investment credit allowable to such taxpayer for the preceding calendar year, ``(2) whether a recapture event occurred with respect to such taxpayer during the preceding calendar year, and ``(3) the credit recapture amount, if any, with respect to such taxpayer for the preceding calendar year. ``(h) Regulations.--The Secretary of the Treasury shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which limit the credit for investments which are directly or indirectly subsidized by other Federal benefits, ``(2) which prevent the abuse of the provisions of this section through the use of related parties, and ``(3) which impose appropriate reporting requirements.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 is amended by striking ``and'' at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting ``, and'', and by adding at the end the following new paragraph: ``(31) the greenhouse gas intensity reduction investment credit determined under section 45N(a).''. (c) Deduction for Unused Credit.--Subsection (c) of section 196 is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, and'', and by adding at the end the following new paragraph: ``(14) the greenhouse gas intensity reduction investment credit determined under section 45N(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45N. Greenhouse gas intensity reduction investment credit.''. (e) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2007.", "summary": "Climate Change Investment Act of 2006 - Repeals provisions of the Internal Revenue Code allowing: (1) an election to expense the cost of certain liquid fuel processing refineries; (2) accelerated amortization of geological and geophysical expenditures; (3) a tax credit for enhanced oil recovery costs; (4) a tax credit for the production of low sulfur diesel fuel; (5) a tax credit for producing fuel from a nonconventional source; (6) a tax deduction for capital costs incurred in complying with certain sulfur regulations; (7) a tax deduction for intangible drilling and development costs for oil and gas wells and geothermal wells; and (8) tax deductions for certain oil and gas well expenditures. Allows a business-related tax credit for investment in a greenhouse gas intensity reduction project approved by the Secretary of Energy."}
{"article": "SECTION 1. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE. Title III of the Workforce Investment Act of 1998 (Public Law 105- 220; 112 Stat. 1080) is amended by adding at the end the following: ``Subtitle E--Staffing for Adequate Fire and Emergency Response ``SEC. 351. SHORT TITLE. ``This subtitle may be cited as the `Staffing for Adequate Fire and Emergency Response Act of 2001' or as the `SAFER Act of 2001'. ``SEC. 352. PURPOSES. ``The purposes of this subtitle are-- ``(1) to expand on the firefighter assistance grant program under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), in order to ensure adequate funding to increase the number of firefighting personnel throughout the Nation; ``(2) to substantially increase the hiring of firefighters so that communities can-- ``(A) meet industry minimum standards for providing adequate protection from acts of terrorism and hazards; and ``(B) enhance the ability of firefighter units to save lives, save property, and effectively respond to all types of emergencies; and ``(3) to promote that substantial increase in hiring by establishing a program of grants, authorized for 7 years, to provide direct funding to States, units of local government, and Indian tribal organizations for firefighter salaries and benefits. ``SEC. 353. DEFINITIONS. ``In this subtitle: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a State, a unit of local government, a tribal organization, or another public entity; or ``(B) a multi-jurisdictional or regional consortia of entities described in subparagraph (A). ``(2) Firefighter.--The term `firefighter' has the meaning given the term `employee in fire protection activities' in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). ``(3) Indian tribe; tribal organization.--The terms `Indian tribe' and `tribal organization' have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ``(4) Secretary.--The term `Secretary' means the Secretary of Labor, acting after consultation with the Director of the Federal Emergency Management Agency. ``(5) State.--The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``SEC. 354. AUTHORITY TO MAKE GRANTS. ``(a) Definition.--In this section, the term `qualifying entity', used with respect to a fiscal year, means any eligible entity (including a State) that has submitted an application under section 355 for the fiscal year that meets the requirements of this subtitle and such additional requirements as the Secretary may prescribe. ``(b) Grant Authorization.--The Secretary may make grants to eligible entities to pay for the Federal share of the cost of carrying out projects to hire firefighters. ``(c) Minimum Amount.-- ``(1) Amount.--For any fiscal year, the Secretary shall ensure that the qualifying entities in each State shall receive, through grants made under this section, a total amount that is not less than \\1/2\\ of 1 percent of the amount appropriated under section 362 for the fiscal year. ``(2) Exception.--Paragraph (1) shall not apply for a fiscal year if the Secretary makes a grant under this section to every qualifying entity for the fiscal year. ``(d) Grant Periods.--The Secretary may make grants under this section for periods of 3 years. ``(e) Federal Share.-- ``(1) In general.--The Federal share of the cost of carrying out a project to hire firefighters under this subtitle shall be not more than 75 percent. ``(2) Non-federal share.--The non-Federal share shall be provided-- ``(A) in cash; ``(B) in the case of a State or unit of local government, from assets received through an asset forfeiture program; or ``(C) in the case of a tribal organization or the Bureau of Indian Affairs, from any Federal funds made available for firefighting functions to assist an Indian tribe. ``(3) Waiver.--The Secretary may waive the requirements of paragraphs (1) and (2) for an eligible entity. ``SEC. 355. APPLICATIONS. ``(a) In General.--To be eligible to receive a grant under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may prescribe. ``(b) Contents.--Each such application shall-- ``(1) include a long-term strategy and detailed implementation plan, for the hiring to be conducted under the grant, that reflects consultation with community groups and appropriate private and public agencies and reflects consideration of a statewide strategy for such hiring; ``(2) specify the reasons why the entity is unable to hire sufficient firefighters to address the entity's needs, without Federal assistance; ``(3)(A) specify the average number of firefighters employed by the entity during the fiscal year prior to the fiscal year for which the application is submitted; and ``(B) outline the initial and planned level of community support for implementing the strategy and plan, including the level of financial and in-kind contributions or other tangible commitments; ``(4)(A) specify plans for obtaining necessary support and continuing the employment of a greater number of firefighters than the number specified under paragraph (3)(A), following the conclusion of Federal assistance under this subtitle; and ``(B) include an assurance that the entity will continue the employment of firefighters hired with funds made available through the grant for at least 1 year after the end of the grant period; and ``(5) include assurances that the entity will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase the ranks of minorities and women within the entity's firefighter units. ``(c) Small Jurisdictions.--Notwithstanding any other provision of this subtitle, the Secretary may waive 1 or more of the requirements of subsection (b), and may make special provisions to facilitate the expedited submission, processing, and approval of an application under this section, for an eligible entity that is a unit of local government, or an eligible entity serving a fire district, that has jurisdiction over an area with a population of less than 50,000. ``(d) Preference.--In awarding grants under this subtitle, the Secretary-- ``(1) shall give preference to a unit of local government; and ``(2) may give preference, where feasible, to an eligible entity that submits an application containing a plan that-- ``(A) provides for hiring (including rehiring) career firefighters; and ``(B) requires the entity to contribute a non- Federal share of more than 25 percent of the cost of carrying out a project to hire the firefighters. ``(e) State and Local Applications.--If a unit of local government for a community, and the State in which the community is located, submit applications under this section for a fiscal year to carry out a project in a community, and the unit of local government and State are qualifying entities under section 354(a), the Secretary-- ``(1) shall make a grant under this subtitle to the unit of local government for that year; and ``(2) shall not make a grant under this subtitle to the State to carry out a project in that community for that year. ``SEC. 356. USE OF FUNDS. ``(a) In General.--An eligible entity that receives a grant under this subtitle shall use the funds made available through the grant to hire career firefighters. The funds may only be used to increase the number of firefighters employed by the agency from the number specified under section 355(b)(3)(A). The funds may be used for salaries and benefits for the firefighters. ``(b) Hiring Costs.-- ``(1) Fiscal year 2002.--For fiscal year 2002, in hiring any 1 firefighter, the entity may not use more than $90,000 of such funds. ``(2) Subsequent years.--For each subsequent fiscal year, in hiring any 1 firefighter, the entity may not use more than $90,000 of such funds, increased or decreased by the same percentage as the percentage by which the Consumer Price Index for All Urban Consumers (United States city average), published by the Secretary of Labor, has increased or decreased by September of the preceding fiscal year from such Index for September 2001. ``(3) Waivers.--The Secretary may waive the requirements of paragraph (1) or (2) for an eligible entity. ``(c) Supplement, not Supplant.--Funds appropriated pursuant to the authority of this subtitle shall be used to supplement and not supplant other Federal, State, and local public funds expended to hire firefighters. ``SEC. 357. TECHNICAL ASSISTANCE. ``The Secretary may provide technical assistance to eligible entities to further the purposes of this Act. ``SEC. 358. MONITORING AND EVALUATIONS. ``(a) Monitoring Components.--Each project funded through a grant made under this subtitle shall contain a monitoring component, developed pursuant to regulations established by the Secretary. The monitoring required by this subsection shall include systematic identification and collection of data about the project throughout the period of the project and presentation of such data in a usable form. ``(b) Evaluation Components.--The Secretary may require that selected grant recipients under this subtitle conduct local evaluations or participate in a national evaluation, pursuant to regulations established by the Secretary. Such local or national evaluations may include assessments of the implementation of different projects. The Secretary may require selected grant recipients under this subtitle to conduct local outcome evaluations to determine the effectiveness of projects under this subtitle. ``(c) Periodic Reports.--The Secretary may require a grant recipient under this subtitle to submit to the Secretary the results of the monitoring and evaluations required under subsections (a) and (b) and such other data and information as the Secretary determines to be reasonably necessary. ``(d) Revocation or Suspension of Funding.--If the Secretary determines, as a result of the monitoring or evaluations required by this section, or otherwise, that a grant recipient under this subtitle is not in substantial compliance with the terms and requirements of an approved grant application submitted under section 355, the Secretary may revoke the grant or suspend part or all of the funding provided under the grant. ``SEC. 359. ACCESS TO DOCUMENTS. ``For the purpose of conducting an audit or examination of a grant recipient that carries out a project under this subtitle, the Secretary and the Comptroller General of the United States shall have access to any pertinent books, documents, papers, or records of the grant recipient and any State or local government, person, business, or other entity, that is involved in the project. ``SEC. 360. REPORT TO CONGRESS. ``Not later than September 30, 2008, the Secretary shall submit a report to Congress concerning the experiences of eligible entities in carrying out projects under this subtitle, and the effects of the grants made under this subtitle. The report may include recommendations for such legislation as the Secretary may consider to be appropriate, which may include reauthorization of this subtitle. ``SEC. 361. REGULATIONS. ``The Secretary may issue regulations to carry out this subtitle. ``SEC. 362. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this subtitle-- ``(1) $1,000,000,000 for fiscal year 2002;- ``(2) $1,030,000,000 for fiscal year 2003; ``(3) $1,061,000,000 for fiscal year 2004; ``(4) $1,093,000,000 for fiscal year 2005; ``(5) $1,126,000,000 for fiscal year 2006; ``(6) $1,159,000,000 for fiscal year 2007; and ``(7) $1,194,000,000 for fiscal year 2008. ``(b) Availability.--Funds appropriated under subsection (a) for a fiscal year shall remain available until the end of the second succeeding fiscal year.''. SEC. 2. CONFORMING AMENDMENT. The table of contents in section 1(b) of the Workforce Investment Act of 1998 (Public Law 105-220; 112 Stat. 936) is amended, in the items relating to title III, by adding at the end the following: ``Subtitle E--Staffing for Adequate Fire and Emergency Response ``Sec. 351. Short title. ``Sec. 352. Purposes. ``Sec. 353. Definitions. ``Sec. 354. Authority to make grants. ``Sec. 355. Applications. ``Sec. 356. Use of funds. ``Sec. 357. Technical assistance. ``Sec. 358. Monitoring and evaluations. ``Sec. 359. Access to documents. ``Sec. 360. Report to Congress. ``Sec. 361. Regulations. ``Sec. 362. Authorization of appropriations.''.", "summary": "Staffing for Adequate Fire and Emergency Response Act of 2001 - SAFER Act of 2001 - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to make matching grants for up to 75 percent of the costs of projects to hire firefighters to eligible States, local governments, tribal organizations, or other public entities, or multi-jurisdictional or regional consortia of such entities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitiveness Tax Credit Act''. SEC. 2. TEMPORARY INVESTMENT CREDIT FOR NEW MANUFACTURING AND OTHER PRODUCTIVE EQUIPMENT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) the manufacturing and other productive equipment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(c) Manufacturing and Other Productive Equipment Credit.-- ``(1) In general.--For purposes of section 46, the manufacturing and other productive equipment credit for any taxable year is an amount equal to the sum of-- ``(A) the domestic equipment credit, and ``(B) the nondomestic equipment credit. ``(2) Amount of domestic and nondomestic equipment credits.--For purposes of this subsection-- ``(A) Domestic equipment credit.-- ``(i) In general.--The domestic equipment credit for any taxable year is 10 percent of the amount equal to the product of-- ``(I) the domestic equipment ratio, and ``(II) the qualified increase amount. ``(ii) Domestic equipment ratio.--The domestic equipment ratio for any taxable year is a fraction in which-- ``(I) the numerator is the aggregate bases of the qualified manufacturing and other productive equipment properties placed in service during such taxable year which are of domestic origin, and ``(II) the denominator is the aggregate bases of all qualified manufacturing and other productive equipment properties placed in service during such taxable year. ``(B) Nondomestic equipment credit.-- ``(i) In general.--The nondomestic equipment credit for any taxable year is 7 percent of the amount equal to the product of-- ``(I) the nondomestic equipment ratio, and ``(II) the qualified increase amount. ``(ii) Nondomestic equipment ratio.--The nondomestic equipment ratio for any taxable year is a fraction in which-- ``(I) the numerator is the aggregate bases of the qualified manufacturing and other productive equipment properties placed in service during such taxable year which are not of domestic origin, and ``(II) the denominator is the aggregate bases of all qualified manufacturing and other productuve equipment properties placed in service during such taxable year. ``(C) Determination of domestic origin.-- ``(i) In general.--Property shall be treated as being of domestic origin only if-- ``(I) the property was completed in the United States, and ``(II) at least 50 percent of the basis of the property is attributable to value added within the United States. ``(ii) United states.--The term `United States' includes the Commonwealth of Puerto Rico and the possessions of the United States. ``(3) Qualified manufacturing and other productive equipment property.--For purposes of this subsection-- ``(A) In general.--The term `qualified manufacturing and other productive equipment property' means any property-- ``(i) which is used as an integral part of the manufacture or production of tangible personal property and increases the efficiency of the manufacturing or production process; ``(ii) which is tangible property to which section 168 applies, other than 3-year property (within the meaning of section 168(e)), ``(iii) which is section 1245 property (as defined in section 1245(a)(3)), and ``(iv)(I) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(II) which is acquired by the taxpayer, if the original use of such property commences with the taxpayer. ``(B) Special rule for computer software.--In the case of any computer software-- ``(i) which is used to control or monitor a manufacturing or production process, ``(ii) which increases the efficiency of the manufacturing or production process, and ``(iii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, such software shall be treated as qualified manufacturing and other productive equipment property. ``(4) Qualified increase amount.--For purposes of this subsection-- ``(A) In general.--The term `qualified increase amount' means the excess (if any) of-- ``(i) the aggregate bases of qualified manufacturing and other productive equipment properties placed in service during the taxable year, over ``(ii) the base amount. ``(B) Base amount.--The term `base amount' means the product of-- ``(i) the fixed-base percentage, and ``(ii) the average annual gross receipts of the taxpayer for the 4 taxable years preceding the taxable year for which the credit is being determined (in this subsection referred to as the `credit year'). ``(C) Minimum base amount.--In no event shall the base amount be less than 50 percent of the amount determined under subparagraph (A)(i). ``(D) Fixed-base percentage.-- ``(i) In general.--The fixed-base percentage is the percentage which the aggregate amounts described in subparagraph (A)(i) for taxable years beginning after December 31, 1987, and before January 1, 1993, is of the aggregate gross receipts of the taxpayer for such taxable years. ``(ii) Rounding.--The percentages determined under clause (i) shall be rounded to the nearest \\1/100\\ of 1 percent. ``(E) Other rules.--Rules similar to the rules of paragraphs (4) and (5) of section 41(c) shall apply for purposes of this paragraph. ``(5) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(6) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(7) Termination date.--This subsection shall not apply to any property placed in service after the expiration of the 2- year period beginning on the date of the enactment of this Act.'' (c) Technical Amendments.-- (1) Clause (ii) of section 49(a)(1)(C) of such Code is amended by inserting ``or qualified manufacturing and other productive equipment property'' after ``energy property''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(6)'' before the period at the end. (3)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (d) Effective Date.--The amendments made by this section shall apply to-- (1) property acquired by the taxpayer after the date of the enactment of this Act, and (2) property the construction, reconstruction, or erection of which is completed by the taxpayer after the date of the enactment of this Act, but only to the extent of the basis thereof attributable to construction, reconstruction, or erection after such date.", "summary": "Competitiveness Tax Credit Act - Amends the Internal Revenue Code to allow an investment tax credit for manufacturing and other productive equipment based upon a determination of the domestic origin of such property. Makes such credit applicable for the two-year period beginning on the date of enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Americans Working Act''. SEC. 2. PURPOSE. The purpose of this Act is to keep Americans working by strengthening and expanding short-time compensation programs that provide employers with an alternative to layoffs. SEC. 3. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS. (a) In General.--Section 3306 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(v) Short-time Compensation Program.--For purposes of this chapter, the term `short-time compensation program' means a program under which-- ``(1) the participation of an employer is voluntary; ``(2) an employer reduces the number of hours worked by employees through certifying that such reductions are in lieu of temporary layoffs; ``(3) such employees whose workweeks have been reduced by at least 10 percent are eligible for unemployment compensation; ``(4) the amount of unemployment compensation payable to any such employee is a pro rata portion of the unemployment compensation which would be payable to the employee if such employee were totally unemployed; ``(5) such employees are not expected to meet the availability for work or work search test requirements while collecting short-time compensation benefits, but are required to be available for their normal workweek; ``(6) eligible employees may participate in an employer- sponsored training program to enhance job skills if such program has been approved by the State agency; ``(7) beginning on the date which is 2 years after the date of enactment of this subsection, the State agency shall require an employer to certify that continuation of health benefits and retirement benefits under a defined benefit pension plan (as defined in section 3(35) of the Employee Retirement Income Security Act of 1974) is not affected by participation in the program; ``(8) the State agency shall require an employer (or an employer's association which is party to a collective bargaining agreement) to submit a written plan describing the manner in which the requirements of this subsection will be implemented and containing such other information as the Secretary of Labor determines is appropriate; ``(9) in the case of employees represented by a union, the appropriate official of the union has agreed to the terms of the employer's written plan and implementation is consistent with employer obligations under the National Labor Relations Act; and ``(10) the program meets such other requirements as the Secretary of Labor determines appropriate.''. (b) Assistance and Guidance in Implementing Programs.-- (1) Assistance and guidance.-- (A) In general.--In order to assist States in establishing, qualifying, and implementing short-time compensation programs, as defined in section 3306(v) of the Internal Revenue Code of 1986 (as added by subsection (a)), the Secretary of Labor (in this section referred to as the ``Secretary'') shall-- (i) develop model legislative language which may be used by States in developing and enacting short-time compensation programs and shall periodically review and revise such model legislative language; (ii) provide technical assistance and guidance in developing, enacting, and implementing such programs; (iii) establish biannual reporting requirements for States, including number of averted layoffs, number of participating companies and workers, and retention of employees following participation; and (iv) award start-up grants to State agencies under subparagraph (B). (B) Grants.-- (i) In general.--The Secretary shall award start-up grants to State agencies that apply not later than September 30, 2010, in States that enact short-time compensation programs after the date of enactment of this Act for the purpose of creating such programs. The amount of such grants shall be awarded depending on the costs of implementing such programs. (ii) Eligibility.--In order to receive a grant under clause (i) a State agency shall meet requirements established by the Secretary, including any reporting requirements under clause (iii). Each State agency shall be eligible to receive not more than one such grant. (iii) Reporting.--The Secretary may establish reporting requirements for State agencies receiving a grant under clause (i) in order to provide oversight of grant funds used by States for the creation of short-time compensation programs. (iv) Funding.--There are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary, such sums as the Secretary certifies as necessary for the period of fiscal years 2010 and 2011 to carry out this subparagraph. (2) Timeframe.--The initial model legislative language referred to in paragraph (1)(A) shall be developed not later than 60 days after the date of enactment of this Act. (c) Reports.-- (1) Initial report.--Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to Congress and to the President a report or reports on the implementation of this section. Such report or reports shall include-- (A) a study of short-time compensation programs; (B) an analysis of the significant impediments to State enactment and creation of such programs; and (C) such recommendations as the Secretary determines appropriate. (2) Subsequent reports.--After the submission of the report under paragraph (1), the Secretary may submit such additional reports on the implementation of short-time compensation programs as the Secretary deems appropriate. (3) Funding.--There are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary, $1,500,000 to carry out this subsection, to remain available without fiscal year limitation. (d) Conforming Amendments.-- (1) Internal revenue code of 1986.-- (A) Subparagraph (E) of section 3304(a)(4) of the Internal Revenue Code of 1986 is amended to read as follows: ``(E) amounts may be withdrawn for the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v));''. (B) Subsection (f) of section 3306 of the Internal Revenue Code of 1986 is amended-- (i) by striking paragraph (5) (relating to short-term compensation) and inserting the following new paragraph: ``(5) amounts may be withdrawn for the payment of short- time compensation under a short-time compensation program (as defined in subsection (v));'', and (ii) by redesignating paragraph (5) (relating to self-employment assistance program) as paragraph (6). (2) Social security act.--Section 303(a)(5) of the Social Security Act is amended by striking ``the payment of short-time compensation under a plan approved by the Secretary of Labor'' and inserting ``the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986)''. (3) Repeal.--Subsections (b) through (d) of section 401 of the Unemployment Compensation Amendments of 1992 (26 U.S.C. 3304 note) are repealed. (e) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. SEC. 4. TEMPORARY FINANCING OF CERTAIN SHORT-TIME COMPENSATION PROGRAMS. (a) Payments to States With Certified Programs.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall make payments to any State unemployment trust fund to be used for the payment of unemployment compensation if the Secretary approves an application for certification submitted under paragraph (3) for such State to operate a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986 (as added by section 3(a))) which requires the maintenance of health and retirement employee benefits as described in paragraph (7) of such section 3306(v), notwithstanding the otherwise effective date of such requirement. (2) Full reimbursement.--Subject to subsection (d), the payment to a State under paragraph (1) shall be an amount equal to 100 percent of the total amount of benefits paid to individuals by the State pursuant to the short-time compensation program during the period-- (A) beginning on the date a certification is issued by the Secretary with respect to such program; and (B) ending on September 30, 2011. (3) Certification requirements.-- (A) In general.--Any State seeking full reimbursement under this subsection shall submit an application for certification at such time, in such manner, and complete with such information as the Secretary may require (whether by regulation or otherwise), including information relating to compliance with the requirements of paragraph (7) of such section 3306(v). The Secretary shall, within 30 days after receiving a complete application, notify the State agency of the State of the Secretary's findings with respect to the requirements of such paragraph (7). (B) Findings.--If the Secretary finds that the short-time compensation program operated by the State meets the requirements of such paragraph (7), the Secretary shall certify such State's short-time compensation program thereby making such State eligible for full reimbursement under this subsection. (b) Timing of Application Submittals.--No application under subsection (a)(3) may be considered if submitted before the date of enactment of this Act or after the latest date necessary (as specified by the Secretary) to ensure that all payments under this section are made before September 30, 2011. (c) Terms of Payments.--Payments made to a State under subsection (a)(1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (d) Limitations.-- (1) General payment limitations.--No payments shall be made to a State under this section for benefits paid to an individual by the State pursuant to a short-time compensation program that is in excess of 26 weeks of benefits. (2) Employer limitations.--No payments shall be made to a State under this section for benefits paid to an individual by the State pursuant to a short-time compensation program if such individual is employed by an employer-- (A) whose workforce during the 3 months preceding the date of the submission of the employer's short-time compensation plan has been reduced by temporary layoffs of more than 20 percent; (B) on a seasonal, temporary, or intermittent basis; or (C) engaged in a labor dispute. (3) Program payment limitation.--In making any payments to a State under this section pursuant to a short-time compensation program, the Secretary may limit the frequency of employer participation in such program. (e) Charging Rule.--Under a short-time compensation program reimbursed under this section, a State may require short-time compensation benefits paid to an individual to be charged to a participating employer regardless of the base period charging rule. (f) Retention Requirement.-- (1) In general.--A participating employer under this section is required to comply with the terms of the written plan approved by the State agency and act in good faith to retain participating employees, and the State shall, in the event of any violation, require such employer to repay to the State a sum based on the amount expended by the State under the program as a result of that violation. (2) Oversight and monitoring.--The Secretary shall establish an oversight and monitoring process by regulation by which State agencies will ensure that participating employers comply with the requirements of paragraph (1). (3) Penalty remittance.--In the case of any State which receives reimbursement under this section, if such State determines that a violation of paragraph (1) has occurred, the State shall transfer an appropriate amount to the United States of the repayment the State required of the employer pursuant to such paragraph. (g) Funding.--There are appropriated, from time to time, out of any moneys in the Treasury not otherwise appropriated, to the Secretary, such sums as the Secretary certifies are necessary to carry out this section (including to reimburse any additional administrative expenses incurred by the States in operating such short-time compensation programs). (h) Definition of State.--In this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.", "summary": "Keep Americans Working Act - Declares that the purpose of this Act is to keep Americans working by strengthening and expanding short-time compensation programs that provide employers with an alternative to layoffs. Requires the Secretary of Labor to: (1) provide guidance to states in enacting short-term compensation programs; and (2) award start-up grants to state agencies in states that have enacted programs and meet certain requirements. Amends the Internal Revenue Code to define \"short-time compensation program\" as one in which: (1) participation of an employer is voluntary; (2) an employer reduces the number of hours worked by employees through certifying that such reductions are in lieu of temporary layoffs; (3) an employee whose workweek that has been reduced by at least 10% is eligible for unemployment compensation; (4) an eligible employee may participate in an employer-sponsored job skills training program; and (5) an employer is required to certify that continuation of employee health and retirement benefits will not be affected by participation in the program. Directs the Secretary to make payments to a state's unemployment compensation trust fund for the payment of unemployment compensation if the Secretary approves a state's application for certification to operate a short-time compensation program that requires the maintenance of health and retirement employee benefits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Fairness for Seniors Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Manufacturers of prescription drugs engage in price discrimination practices that compel many older Americans to pay substantially more for prescription drugs than the drug manufacturers' most favored customers, such as health insurers, health maintenance organizations, and the Federal Government. (2) On average, older Americans who buy their own prescription drugs pay twice as much for prescription drugs as the drug manufacturers' most favored customers. In some cases, older Americans pay over 15 times more for prescription drugs than the most favored customers. (3) The discriminatory pricing by major drug manufacturers sustains their annual profits of $20,000,000,000, but causes financial hardship and impairs the health and well-being of millions of older Americans. More than one in eight older Americans are forced to choose between buying their food and buying their medicines. (4) Most federally funded health care programs, including Medicaid, the Veterans Health Administration, the Public Health Service, and the Indian Health Service, obtain prescription drugs for their beneficiaries at low prices. Medicare beneficiaries are denied this benefit and cannot obtain their prescription drugs at the favorable prices available to other federally funded health care programs. (5) It has been estimated that implementation of the policy set forth in this Act will reduce prescription prices for Medicare beneficiaries by more than 40 percent. (6) In addition to substantially lowering health care costs for older Americans, implementation of the policy set forth in this Act will significantly improve the health and well-being of older Americans and lower the costs to the Federal taxpayer of the Medicare program. (b) Purpose.--The purpose of this Act is to protect Medicare beneficiaries from discriminatory pricing by drug manufacturers and to make prescription drugs available to Medicare beneficiaries at substantially reduced prices, by allowing pharmacies to purchase drugs for Medicare beneficiaries at the substantially reduced price available under the Federal Supply Schedule. SEC. 3. MEDICARE BENEFICIARY DRUG BENEFIT CARD. The Secretary of Health and Human Services shall furnish to each Medicare beneficiary a drug benefit card that enables the beneficiary to purchase covered prescription drugs from participating pharmacies at reduced prices pursuant to section 4. SEC. 4. PARTICIPATING PHARMACIES. (a) Agreements to Participate.--Any qualified pharmacy may enter into an agreement with the Secretary that enables the pharmacy to sell covered outpatient drugs to holders of Medicare drug benefit cards at a reduced price, by authorizing the pharmacy to operate as a participating pharmacy under this Act. (b) Right of Participating Pharmacies To Obtain Drugs.--An agreement under this section shall entitle the participating pharmacy to purchase any covered outpatient drug that is listed on the Federal Supply Schedule of the General Services Administration at the participating pharmacy discount price for that drug determined under subsection (d). (c) Quantity of Drugs Purchased.--An agreement under this section shall permit the participating pharmacy to purchase under this Act as much of a covered outpatient drug as is sold by the pharmacy to holders of Medicare drug benefit cards. (d) Participating Pharmacy Discount Price.-- (1) In general.--The Secretary shall determine a participating pharmacy discount price for each covered outpatient drug. (2) Determination.--The participating pharmacy discount price for a covered outpatient drug shall be determined by adding-- (A) the price at which the drug is available to Federal agencies from the Federal Supply Schedule under section 8126 of title 38, United States Code; plus (B) an amount that reflects the administrative costs incurred by the Secretary in administering this Act. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer this Act in a manner that uses existing methods of obtaining and distributing drugs to the maximum extent possible, consistent with efficiency and cost effectiveness. (b) Regulations.--The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to the Congress regarding the effectiveness of this Act in-- (1) protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers; and (2) making prescription drugs available to Medicare beneficiaries at substantially reduced prices. (b) Consultation.--In preparing such reports, the Secretary shall consult with public health experts, affected industries, organizations representing consumers and older Americans, and other interested persons. (c) Recommendations.--The Secretary shall include in such reports any recommendations they consider appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to Medicare beneficiaries. SEC. 7. DEFINITIONS. In this Act: (1) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (2) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, or both. (3) Medicare drug benefit card.--The term ``Medicare drug benefit card'' means such a card issued under section 3. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 8. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States.", "summary": "Prescription Drug Fairness for Seniors Act of 1998 - Directs the Secretary of Health and Human Services to furnish each Medicare beneficiary under title XVIII of the Social Security Act with a drug benefit card enabling the beneficiary to purchase covered outpatient prescription drugs listed on the Federal Supply Schedule from participating pharmacies at reduced prices."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC. (a) Short Title.--This Act may be cited as the ``Energy Freedom and Economic Prosperity Act''. (b) Reference to 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; etc. TITLE I--REPEAL OF ENERGY TAX SUBSIDIES Sec. 101. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures. Sec. 102. Early termination of credit for qualified fuel cell motor vehicles. Sec. 103. Early termination of new qualified plug-in electric drive motor vehicles. Sec. 104. Repeal of alternative fuel vehicle refueling property credit. Sec. 105. Repeal of credit for alcohol used as fuel. Sec. 106. Repeal of credit for biodiesel and renewable diesel used as fuel. Sec. 107. Repeal of enhanced oil recovery credit. Sec. 108. Termination of credit for electricity produced from certain renewable resources. Sec. 109. Repeal of credit for producing oil and gas from marginal wells. Sec. 110. Termination of credit for production from advanced nuclear power facilities. Sec. 111. Repeal of credit for carbon dioxide sequestration. Sec. 112. Termination of energy credit. Sec. 113. Repeal of qualifying advanced coal project. Sec. 114. Repeal of qualifying gasification project credit. TITLE II--REDUCTION OF CORPORATE INCOME TAX RATE Sec. 201. Corporate income tax rate reduced. TITLE I--REPEAL OF ENERGY TAX SUBSIDIES SEC. 101. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE FUEL MIXTURES. (a) In General.--Section 6426 is repealed. (b) Conforming Amendments.-- (1) Paragraph (1) of section 4101(a) is amended by striking ``or alcohol (as defined in section 6426(b)(4)(A)''. (2) Paragraph (2) of section 4104(a) is amended by striking ``6426, or 6427(e)''. (3) Section 6427 is amended by striking subsection (e). (4) Subparagraph (E) of section 7704(d)(1) is amended-- (A) by inserting ``(as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act)'' after ``of section 6426'', and (B) by inserting ``(as so in effect)'' after ``section 6426(b)(4)(A)''. (5) Paragraph (1) of section 9503(b) is amended by striking the second sentence. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 is amended by striking the item relating to section 6426. (d) Effective.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to fuel sold and used after the date of the enactment of this Act. (2) Liquefied hydrogen.--In the case of any alternative fuel or alternative fuel mixture (as defined in subsection (d)(2) or (e)(3) of section 6426 of the Internal Revenue Code of 1986 as in effect before its repeal by this Act) involving liquefied hydrogen, the amendments made by this section shall apply with respect to fuel sold and used after September 30, 2014. SEC. 102. EARLY TERMINATION OF CREDIT FOR QUALIFIED FUEL CELL MOTOR VEHICLES. (a) In General.--Section 30B is repealed. (b) Conforming Amendments.-- (1) Subparagraph (A) of section 24(b)(3) is amended by striking ``, 30B''. (2) Paragraph (2) of section 25B(g) is amended by striking ``, 30B,''. (3) Subsection (b) of section 38 is amended by striking paragraph (25). (4) Subsection (a) of section 1016 is amended by striking paragraph (35) and by redesignating paragraphs (36) and (37) as paragraphs (35) and (36), respectively. (5) Subsection (m) of section 6501 is amended by striking ``, 30B(h)(9)''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30B. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 103. EARLY TERMINATION OF NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES. (a) In General.--Section 30D is repealed. (b) Effective Date.--The amendment made by this section shall apply to vehicles placed in service after the date of the enactment of this Act. SEC. 104. REPEAL OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. (a) In General.--Section 30C is repealed. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 is amended by striking paragraph (26). (2) Paragraph (3) of section 55(c) is amended by striking ``, 30C(d)(2),''. (3) Subsection (a) of section 1016, as amended by section 102 of this Act, is amended by striking paragraph (35) and by redesignating paragraph (36) as paragraph (35). (4) Subsection (m) of section 6501 is amended by striking ``, 30C(e)(5)''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30C. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 105. REPEAL OF CREDIT FOR ALCOHOL USED AS FUEL. (a) In General.--Section 40 is repealed. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 is amended by striking paragraph (3). (2) Subsection (c) of section 196 is amended by striking paragraph (3) and by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively. (3) Paragraph (1) of section 4101(a) is amended by striking ``, and every person producing cellulosic biofuel (as defined in section 40(b)(6)(E))''. (4) Paragraph (1) of section 4104(a) is amended by striking ``, 40''. (c) Effective Date.--The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act. SEC. 106. REPEAL OF CREDIT FOR BIODIESEL AND RENEWABLE DIESEL USED AS FUEL. (a) In General.--Section 40A is repealed. (b) Conforming Amendment.-- (1) Subsection (b) of section 38 is amended by striking paragraph (17). (2) Section 87 is repealed. (3) Subsection (c) of section 196, as amended by section 105 of this Act, is amended by striking paragraph (11) and by redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12), respectively. (4) Paragraph (1) of section 4101(a) is amended by striking ``, every person producing or importing biodiesel (as defined in section 40A(d)(1)''. (5) Paragraph (1) of section 4104(a) is amended by striking ``, and 40A''. (6) Subparagraph (E) of section 7704(d)(1) is amended by inserting ``(as so in effect)'' after ``section 40A(d)(1)''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 40A. (d) Effective Date.--The amendments made by this section shall apply to fuel produced, and sold or used, after the date of the enactment of this Act. SEC. 107. REPEAL OF ENHANCED OIL RECOVERY CREDIT. (a) In General.--Section 43 is repealed. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 is amended by striking paragraph (6). (2) Paragraph (4) of section 45Q(d) is amended by inserting ``(as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act)'' after ``section 43(c)(2)''. (3) Subsection (c) of section 196, as amended by sections 105 and 106 of this Act, is amended by striking paragraph (5) and by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43. (d) Effective Date.--The amendments made by this section shall apply to costs paid or incurred after December 31, 2014. SEC. 108. TERMINATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. (a) Wind.--Subsection (d) of section 45 is amended by striking ``January 1, 2014'' in paragraph (1) and inserting ``the date of the enactment of the Energy Freedom and Economic Prosperity Act''. (b) Indian Coal.--Subparagraph (A) of section 45(e)(10) is amended by striking ``8-year period'' each place it appears and inserting ``7- year period''. (c) Effective Date.-- (1) Wind.--The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act. (2) Indian coal.--The amendments made by subsection (b) shall apply to coal produced after December 31, 2012. (3) Other qualified energy resources.--For termination of other qualified energy resources for property placed in service after December 31, 2013, see section 45 of the Internal Revenue Code of 1986. SEC. 109. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Section 45I is repealed. (b) Conforming Amendment.--Subsection (b) of section 38 is amended by striking paragraph (19). (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I. (d) Effective Date.--The amendments made by this section shall apply to production in taxable years beginning after December 31, 2014. SEC. 110. TERMINATION OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR POWER FACILITIES. (a) In General.--Subparagraph (B) of section 45J(d)(1) is amended by striking ``January 1, 2021'' and inserting ``January 1, 2015''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 111. REPEAL OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION. (a) In General.--Section 45Q is repealed. (b) Effective Date.--The amendment made by this section shall apply to carbon dioxide captured after December 31, 2014. SEC. 112. TERMINATION OF ENERGY CREDIT. (a) In General.--Section 48 is amended-- (1) by striking ``January 1, 2017'' each place it appears and inserting ``January 1, 2015'', and (2) by striking ``December 31, 2016'' each place it appears and inserting ``December 31, 2014''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 113. REPEAL OF QUALIFYING ADVANCED COAL PROJECT. (a) In General.--Section 48A is repealed. (b) Conforming Amendment.--Section 46 is amended by striking paragraph (3) and by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. (c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 114. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT. (a) In General.--Section 48B is repealed. (b) Conforming Amendment.--Section 46, as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. TITLE II--REDUCTION OF CORPORATE INCOME TAX RATE SEC. 201. CORPORATE INCOME TAX RATE REDUCED. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe a rate of tax in lieu of the rates under paragraphs (1) and (2) of section 11(b), section 1201(a), and paragraphs (1), (2), and (6) of section 1445(e) to such a flat rate as the Secretary estimates would result in-- (1) a decrease in revenue to the Treasury for taxable years beginning during the 10-year period beginning on the date of the enactment of this Act, equal to (2) the increase in revenue for such taxable years by reason of the amendments made by title I of this Act. (b) Effective Date.--The rate prescribed by the Secretary under subsection (a) shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act.", "summary": "Energy Freedom and Economic Prosperity Act - Amends the Internal Revenue Code to repeal: (1) the excise tax credits for alcohol fuel, biodiesel, and alternative fuel mixtures; (2) the tax credits for the purchase of alternative motor vehicles and new qualified plug-in electric drive motor vehicles; (3) the alternative fuel vehicle refueling property tax credit; (4) the income tax credits for alcohol, biodiesel, and renewable diesel used as fuel; (5) the enhanced oil recovery tax credit and the tax credit for producing oil and gas from marginal wells; (6) the tax credits for producing electricity from renewable resources and from advanced nuclear power facilities; (7) the tax credit for carbon dioxide sequestration; (8) the energy tax credit; and (9) the tax credits for investment in qualifying advanced coal projects and qualifying gasification projects. Directs the Secretary of the Treasury to prescribe a flat income tax rate for corporations, in lieu of the existing marginal tax rates, based upon the overall revenue savings from the repeal of energy tax expenditures by this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Treatment of Children's Deformities Act of 1998''. SEC. 2. COVERAGE OF MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standards relating to benefits for minor child's congenital or developmental deformity or disorder.''. (3) Internal revenue code amendments.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (as amended by section 1531(a) of the Taxpayer Relief Act of 1997) is amended-- (A) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standards relating to benefits for minor child's congenital or developmental deformity or disorder.''; and (B) by inserting after section 9812 the following: ``SEC. 9813. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104-204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as added by section 605(b)(3)(B) of Public Law 104-204, is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1999. (2) The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (d) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986''.", "summary": "Treatment of Children's Deformities Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set standards requiring that group and individual health insurance coverage and group health plans provide coverage for treatment of a minor child's congenital or developmental deformity or disorder due to trauma, infection, tumor, or disease."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Biennial Appropriations Act''. SEC. 2. REVISION OF TIMETABLE. Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631) is amended to read as follows: ``timetable ``Sec. 300. (a) Timetable.-- ``(1) In general.--The timetable with respect to the congressional budget process for any fiscal year is as follows: ``On or before: Action to be completed: First Monday in February................ President submits his or her budget. February 15............................. Congressional Budget Office submits report to Budget Committees. Not later than 6 weeks after President Committees submit views and estimates to Budget Committees. submits budget. April 1................................. Budget Committees report concurrent resolution on the budget. April 15................................ Congress completes action on concurrent resolution on the budget. May 15.................................. Biennial appropriation bills and the defense appropriation bill may be considered in the House as provided in subsection (b). June 10................................. House Appropriations Committee reports last appropriation bill to be considered that year as provided in subsection (b). June 15................................. Congress completes action on reconciliation legislation. June 30................................. House completes action on biennial appropriation bills to be considered that year, as provided in subsection (b), and the defense appropriation bill. August 1................................ Congress completes action on biennial appropriation bills to be considered that year, as provided in subsection (b), and the defense appropriation bill. October 1............................... Fiscal year begins. ``(2) Special rule.--In the case of any first session of Congress that begins in any year immediately following a leap year and during which the term of a President (except a President who succeeds himself or herself) begins, the following dates shall supersede those set forth in paragraph (1): ``On or before: Action to be completed: First Monday in April................... President submits his or her budget. April 15................................ Congressional Budget Office submits report to Budget Committees. April 20................................ Committees submit views and estimates to Budget Committees. May 15.................................. Budget Committees report concurrent resolution on the budget. June 1.................................. Congress completes action on concurrent resolution on the budget. July 1.................................. Biennial appropriation bills and the defense appropriation bill may be considered in the House as provided in subsection (b). July 20................................. House completes action on biennial appropriation bills to be considered that year, as provided in subsection (b), and the defense appropriation bill. August 1................................ Congress completes action on biennial appropriation bills to be considered that year, as provided in subsection (b), the defense appropriation bill, and reconciliation legislation. October 1............................... Fiscal year begins. ``(b) Biennial Appropriation Bills and Defense Appropriation Bill.--Appropriation bills shall be enacted as follows: ``(1) Odd-numbered years.--In odd-numbered years Congress shall consider pursuant to the budget process under this title and enact-- ``(A) an annual defense appropriation bill; and ``(B) biennial appropriation bills for-- ``(i) Financial Services; ``(ii) Transportation, Housing and Urban Development; ``(iii) Interior, Environment; ``(iv) Labor, Health and Human Services, Education; and ``(v) Military Construction, Veterans Affairs. ``(2) Even-numbered years.--In even-numbered years Congress shall consider pursuant to the budget process in this title and enact-- ``(A) an annual defense appropriation bill; and ``(B) biennial appropriation bills for-- ``(i) Agriculture; ``(ii) Commerce, Justice, Science; ``(iii) Energy and Water; ``(iv) Homeland Security; ``(v) Legislative Branch; and ``(vi) State-Foreign Operations.''. SEC. 3. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974. (a) Definitions.--Section 3 of the Congressional Budget Act of 1974 (2 U.S.C. 622) is amended by adding at the end the following: ``(12) The term `biennium' means the period of 2 consecutive fiscal years beginning on October 1.''. (b) Committee Allocations.--Section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633) is amended-- (1) in subsection (a)(1), in the matter preceding subparagraph (A)-- (A) by inserting ``and for appropriations for each fiscal year in the biennium and for the first fiscal year of the resolution for defense,'' after ``for the first fiscal year of the resolution,''; (B) by striking ``for that period of fiscal years'' and inserting ``for all fiscal years covered by the resolution''; and (C) by inserting ``for defense and for each fiscal year in the biennium'' after ``for the fiscal year of that resolution''; (2) in subsection (b), by inserting ``for defense and the biennium'' after ``budget year''; and (3) in subsection (f)(2)(A)-- (A) by striking ``the first fiscal year'' and inserting ``each fiscal year of the biennium''; and (B) by striking ``the total of fiscal years'' and inserting ``the total of all fiscal years covered by the resolution''. SEC. 4. AMENDMENTS TO TITLE 31, UNITED STATES CODE. (a) Definition.--Section 1101 of title 31, United States Code, is amended by adding at the end thereof the following: ``(3) `biennium' has the meaning given to such term in section 3(12) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(12)).''. (b) Budget Contents and Submission to the Congress.-- (1) Expenditures.--Section 1105(a)(5) of title 31, United States Code, is amended by striking ``the fiscal year for which the budget is submitted and the 4 fiscal years after that year'' and inserting ``each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 fiscal years''. (2) Receipts.--Section 1105(a)(6) of title 31, United States Code, is amended by striking ``the fiscal year for which the budget is submitted and the 4 fiscal years after that year'' and inserting ``each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years''. (3) Balance statements.--Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking ``the fiscal year'' and inserting ``each fiscal year in the biennium''. (4) Functions and activities.--Section 1105(a)(12)(A) of title 31, United States Code, is amended by striking ``the fiscal year'' and inserting ``each fiscal year in the biennium''. (5) Allowances.--Section 1105(a)(13) of title 31, United States Code, is amended by striking ``the fiscal year'' and inserting ``each fiscal year in the biennium''. (6) Allowances for uncontrolled expenditures.--Section 1105(a)(14) of title 31, United States Code, is amended by striking ``that year'' and inserting ``each fiscal year in the biennium for which the budget is submitted''. (7) Tax expenditures.--Section 1105(a)(16) of title 31, United States Code, is amended by striking ``the fiscal year'' and inserting ``each fiscal year in the biennium''. (8) Future years.--Section 1105(a)(17) of title 31, United States Code, is amended-- (A) by striking ``the fiscal year following the fiscal year'' and inserting ``each fiscal year in the biennium following the biennium''; (B) by striking ``that following fiscal year'' and inserting ``each such fiscal year''; and (C) by striking ``fiscal year before the fiscal year'' and inserting ``biennium before the biennium''. (9) Prior year outlays.--Section 1105(a)(18) of title 31, United States Code, is amended-- (A) by striking ``the prior fiscal year'' and inserting ``each of the 2 most recently completed fiscal years,''; (B) by striking ``for that year'' and inserting ``with respect to those fiscal years''; and (C) by striking ``in that year'' and inserting ``in those fiscal years''. (10) Prior year receipts.--Section 1105(a)(19) of title 31, United States Code, is amended-- (A) by striking ``the prior fiscal year'' and inserting ``each of the 2 most recently completed fiscal years''; (B) by striking ``for that year'' and inserting ``with respect to those fiscal years''; and (C) by striking ``in that year'' each place it appears and inserting ``in those fiscal years''. (c) Estimated Expenditures of Legislative and Judicial Branches.-- Section 1105(b) of title 31, United States Code, is amended by striking ``each year'' and inserting ``each even-numbered year''. (d) Recommendations To Meet Estimated Deficiencies.--Section 1105(c) of title 31, United States Code, is amended-- (1) by striking ``the fiscal year for'' the first place it appears and inserting ``each fiscal year in the biennium for''; (2) by striking ``the fiscal year for'' the second place it appears and inserting ``each fiscal year of the biennium, as the case may be, for''; and (3) by striking ``for that year'' and inserting ``for each fiscal year of the biennium''. (e) Capital Investment Analysis.--Section 1105(e)(1) of title 31, United States Code, is amended by striking ``ensuing fiscal year'' and inserting ``biennium to which such budget relates''. SEC. 5. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF APPROPRIATIONS ACTS. (a) In General.--Section 105 of title 1, United States Code, is amended to read as follows: ``Sec. 105. Title and style of appropriations Acts ``(a) In General.-- ``(1) Nondefense.--Except as provided in paragraph (2), the style and title of all Acts making appropriations for the support of the Government shall be as follows: `An Act making appropriations (here insert the object) for each fiscal year in the biennium of fiscal years (here insert the fiscal years of the biennium).'. ``(2) Defense.--The style and title of Acts making appropriations for the support of defense shall be as follows: `An Act making appropriations for defense for fiscal year (here insert the fiscal year).'. ``(3) Amounts.--All Acts making regular appropriations for the support of the Government shall specify the amount of appropriations provided for each fiscal year in such period. ``(b) Definitions.--In this section-- ``(1) the term `biennium' has the same meaning as in section 3(12) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(12)); and ``(2) Acts described in subsection (a)(1) shall be considered as provided in section 300(b) of the Congressional Budget Act of 1974 (2 U.S.C. 631(b)).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 2 of title 1, United States Code, is amended by striking the item relating to section 105 and inserting the following: ``105. Title and style of appropriations Acts.''. SEC. 6. MULTIYEAR AUTHORIZATIONS. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``authorizations of appropriations ``Sec. 316. (a) Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider-- ``(1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than 2 fiscal years, unless the program, project, or activity for which the appropriations are authorized will require no further appropriations and will be completed or terminated after the appropriations have been expended; and ``(2) for any year, any authorization or revenue bill or joint resolution until Congress completes action on the budget resolution, all appropriations bills to be considered during the year under section 300(b), and all reconciliation bills. ``(b) Applicability.--In the Senate, subsection (a) shall not apply to-- ``(1) defense; ``(2) any measure that is privileged for consideration pursuant to a rule or statute; ``(3) any matter considered in Executive Session; or ``(4) an appropriations measure or reconciliation bill.''. (b) Amendment to Table of Contents.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 315 the following: ``Sec. 316. Authorizations of appropriations.''. SEC. 7. CONGRESSIONAL OVERSIGHT. (a) In General.--In each year that the activities of an agency are not required to be funded pursuant to section 300(b) of the Congressional Budget Act of 1974, the committee of the House and the Senate with legislative jurisdiction over that agency shall hold a joint oversight hearing with the corresponding subcommittee of the Committee on Appropriations of their respective House with jurisdiction over the agency. (b) Hearing.--A hearing required by subsection (a) shall review-- (1) the mission of the agency; (2) the impact of biennial budgeting on agency efficiency; (3) the cost savings associated with biennial budgeting; (4) new programs created in the off year of the agency budget; and (5) programs that were terminated in the off year of the agency budget. SEC. 8. REPORT ON TWO-YEAR FISCAL PERIOD. Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a 2-year fiscal period with a biennial budget process based on the 2-year period; and (2) submit to the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives a report on the findings of the study. SEC. 9. EFFECTIVE DATE. Except as provided in section 8, this Act and the amendments made by this Act shall take effect on January 1, 2016, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2017.", "summary": "Biennial Appropriations Act This bill amends the Congressional Budget Act of 1974 to change the annual appropriations process to a biennial process for nondefense spending. Congress must consider the defense appropriations bill annually and the remaining appropriations bills in either odd-numbered or even-numbered years. In each year that the appropriations bill for an agency is not considered, Congress must conduct oversight hearings. The bill requires the congressional budget resolution to be accompanied by committee allocations for biennial appropriations and the President's budget to include details that reflect the biennial process. It also creates a point of order against considering: (1) legislation authorizing appropriations for less than two years unless the program requires no further appropriations and will be completed after appropriations are expended, and (2) authorization or revenue legislation until Congress completes action on the budget resolution, appropriations bills, and reconciliation bills. The Office of Management and Budget must report to Congress on the impact and feasibility of a biennial budget process."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Psoriasis and Psoriatic Arthritis Research, Cure, and Care Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Psoriasis and psoriatic arthritis are autoimmune, chronic, inflammatory, painful, and disabling diseases that require lifelong timely and appropriate medical intervention and care and have no cure. (2) Current studies indicate that the prevalence of psoriasis in the United States ranges between two and three percent, affecting approximately 7.5 million men, women, and children of all ages, approximately 17,000 individuals in each congressional district, and has an adverse impact on the quality of life for virtually all affected. (3) Psoriasis often is overlooked or dismissed because it is not typically a direct cause of death. Psoriasis is commonly and incorrectly considered by insurers, employers, policymakers, and the public as a mere annoyance--a superficial problem, mistakenly thought to be contagious, due to poor hygiene, or both. As such, treatment for psoriasis is often incorrectly categorized as ``cosmetic'' and not ``medically necessary''. (4) Psoriasis is connected with an elevated risk for other serious, chronic, and life-threatening comorbid conditions, including cardiovascular disease, diabetes, stroke, and cancer. A higher prevalence of stroke, atherosclerosis, chronic obstructive pulmonary disease (COPD), Crohn's disease, lymphoma, metabolic syndrome, and liver disease are also found in people with psoriasis as compared to the general population. Up to 30 percent of people with psoriasis also develop potentially disabling psoriatic arthritis. (5) The National Institute of Mental Health (NIMH) funded a study that found that psoriasis may cause as much physical and mental disability as other major chronic diseases, including cancer, arthritis, hypertension, heart disease, diabetes, and depression. (6) Psoriasis is associated with elevated rates of depression, anxiety, and suicidality (suicidal thoughts, suicide attempts, and completed suicides). Individuals with psoriasis are twice as likely to have thoughts of suicide as people without psoriasis or with other chronic conditions. (7) The risk of premature death is 50 percent higher for people with severe psoriasis. This translates to people with severe psoriasis dying four years earlier, on average, than people without psoriasis. (8) The economic consequences of psoriasis, both for individuals and the health care system, are significant. Total direct and indirect health care costs of psoriasis are calculated at $11,250,000,000 with work loss accounting for 40 percent of the cost burden. People with psoriasis have significantly higher health care resource utilization and costs than the general population. Additionally, psoriasis patients with comorbidities are more likely to experience urgent care, have greater rates of hospitalization, more frequent outpatient visits, and incur greater costs than psoriasis patients without comorbidities. (9) Early diagnosis and treatment of psoriatic arthritis may help prevent irreversible joint damage. (10) Treating psoriasis and psoriatic arthritis presents a challenge for patients and their health care providers. A wide range of treatment options is available; however, adverse side effects and success varies from patient to patient. The same treatments do not work for every patient and a treatment that may have been effective for a period of time can stop working. (11) Despite a number of recent breakthroughs that have led to some new treatments, too many people with psoriasis and psoriatic arthritis still cannot live normal lives. For many of these individuals, existing treatments are not effective or appropriate or may not be accessible due to cost and insurance barriers. (12) Psoriasis and psoriatic arthritis constitute a significant national health issue that deserves a comprehensive and coordinated response by States and the Federal Government with involvement of the health care provider, patient, and public health communities. SEC. 3. NATIONAL PSORIASIS AND PSORIATIC ARTHRITIS DATA COLLECTION. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, is authorized to undertake psoriasis and psoriatic arthritis data collection efforts, including incorporating questions into public health surveys, questionnaires, and other databases in existence as of the date of the enactment of this Act to collect information, with respect to psoriasis and psoriatic arthritis, regarding-- (1) the prevalence of psoriasis and psoriatic arthritis in the United States; (2) the age of onset; (3) health-related quality of life; (4) health care utilization; (5) burden of such disease (such as with respect to employment); (6) direct and indirect costs; (7) health disparities, including with respect to age, gender, race, and ethnicity; and (8) comorbidities and the natural history of such disease. Such data collection efforts may include the consideration and development of a patient registry, which would include individuals of all ages. (b) Authorization of Appropriations.--To carry out subsection (a), there are authorized to be appropriated $1,500,000 for each of fiscal years 2012 through 2017. SEC. 4. SENSE OF CONGRESS FOR COLLABORATIVE INTERDISCIPLINARY RESEARCH ON PSORIASIS AND PSORIATIC ARTHRITIS AND COMORBID CONDITIONS. It is the sense of the Congress that-- (1) the psoriasis research community has made significant strides in proving the seriousness of psoriasis as an autoimmune disease and in advancing the identification of commonalities between psoriasis and other diseases; (2) the nonprofit and private sector psoriasis research communities are to be commended for planning a multidisciplinary scientific meeting in 2012 to discuss future directions of psoriasis and comorbid research, identify initiatives necessary to fill any gaps, leverage public and private investments in psoriasis research, and facilitate progress in interdisciplinary research related to psoriasis and its comorbid conditions; (3) the National Institutes of Health is encouraged to continue to work with the organizations and private sector stakeholders who convene the multidisciplinary scientific meeting to discuss future directions of psoriasis and comorbid research; (4) the nonprofit and private sector meeting conveners should disseminate to the public, Congress, and other relevant public and private policymaking and research entities a report that includes findings from the scientific meeting and suggestions regarding next steps, including recommendations from the National Institutes of Health and other relevant Federal agencies; and (5) utilizing the information produced by the scientific meeting regarding future directions of psoriasis and comorbid research, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, and in conjunction with the National Institute for Arthritis, Musculoskeletal, and Skin Diseases and other institutes and centers of the National Institutes of Health, is encouraged to explore the development of a virtual Center of Excellence for Collaborative Discovery in Psoriasis and Comorbid Research or some other mechanism through which public and private sector findings regarding psoriasis and its comorbid conditions can be regularly shared and leveraged.", "summary": "Psoriasis and Psoriatic Arthritis Research, Cure, and Care Act of 2011 - Authorizes the Director of the Centers for Disease Control and Prevention (CDC) to undertake psoriasis and psoriatic arthritis data collection efforts to collect information regarding: (1) the prevalence of psoriasis and psoriatic arthritis in the United States; (2) the age of onset; (3) health-related quality of life; (4) health care utilization; (5) the burden of such disease; (6) direct and indirect costs; (7) health disparities, including with respect to age, gender, race, and ethnicity; and (8) comorbidities and the natural history of such disease. Allows such data collection efforts to include: (1) incorporating questions into public health surveys, questionnaires, and other databases in existence as of the date of the enactment of this Act; and (2) the consideration and development of a patient registry. Encourages the Director of the National Institutes of Health to explore the development of a virtual Center of Excellence for Collaborative Discovery in Psoriasis and Comorbid Research or some other mechanism through which public and private sector findings regarding psoriasis and its comorbid conditions can be regularly shared and leveraged."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission for the New National Goal: The Advancement of Global Health Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) During the 20th century the United States led the world in defeating totalitarianism and communism. (2) The United States also led the world in spreading and establishing democracy in every region. (3) The end of global conflict and the end of the Cold War, now guaranteed by the power and leadership of the United States, allow the Nation to establish new goals for the 21st century. (4) The United States, the world leader in the research, development, and production of technologies, medicines, and methodologies utilized to prevent and cure disease, has the human and natural resources to dedicate itself to the new national goal of the global eradication of disease. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``National Commission for the New National Goal: The Advancement of Global Health'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. The Commission shall recommend to the Congress a national strategy for coordinating governmental, academic, and public and private health care entities for the purpose of the global eradication of disease. SEC. 5. MEMBERSHIP. (a) Membership of the Commission.--The Commission shall consist of individuals who are of recognized standing and distinction and who possess the demonstrated capacity to discharge the duties imposed on the Commission, and shall include representatives of the public, private, and academic areas whose capacity is based on a special knowledge or expertise in medical research or related areas. (b) Number and Appointment.--The Commission shall be composed of 13 members appointed as follows: (1) The Secretary of Health and Human Services (or the Secretary's delegate). (2) The Chairman of the Federal Trade Commission. (3) 3 Members of the Senate appointed jointly by the President of the Senate and the President pro tempore. Not more than 2 members appointed under this paragraph may be of the same political party. (4) 3 Members of the House of Representatives appointed by the Speaker of the House of Representatives. Not more than 2 members appointed under this paragraph may be of the same political party. (5) 2 individuals appointed by the President, by and with the advice and consent of the Senate, from among individuals who are not officers or employees of any government and who are specially qualified to serve on the Commission by virtue of their education, training, or experience. (6) 3 individuals appointed by the President from among individuals who will represent the views of recipients of health services. Not more than 1 member appointed under this paragraph may be an officer or employee of the Federal Government. (c) Continuation of Membership.--If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, that member may continue as a member for not longer than the 30-day period beginning on the date that member ceases to be a Member of Congress. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Basic Pay.--Members shall serve without pay. (f) Quorum.--7 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be designated by the President at the time of the appointment. (h) Meetings.--The Commission shall meet monthly or at the call of a majority of its members. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Chairperson or Commission. For purposes of Federal income, estate, and gift taxes, property accepted under this subsection shall be considered as a gift, bequest, or devise to the United States. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for administrative and other services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORTS. (a) Interim Reports.--The Commission may submit to the President and the Congress interim reports as the Commission considers appropriate. (b) Final Report.--The Commission shall transmit a final report to the President and the Congress not later than 12 months after the date of enactment of this Act. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislative, administrative, or other actions, as the Commission considers appropriate. SEC. 8. TERMINATION. The Commission shall terminate 30 days after submitting its final report pursuant to section 7. SEC. 9. EFFECTIVE DATE. This Act shall take effect 60 days after the date of its enactment. SEC. 10. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2) (A) and (C))) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriation Acts.", "summary": "National Commission for the New National Goal: The Advancement of Global Health Act - Establishes the National Commission for the New National Goal: The Advancement of Global Health to report to the President and the Congress concerning a national strategy for coordinating governmental, academic, and public and private health care entities for the purpose of the global eradication of disease. Terminates the Commission 30 days after the submission of its final report."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Mobility Safety Act of 2016''. SEC. 2. PERSONAL SELECTIONS OF AUTOMOBILES AND ADAPTIVE EQUIPMENT. Section 3903(b) of title 38, United States Code, is amended-- (1) by striking ``Except'' and inserting ``(1) Except''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary shall ensure that to the extent practicable an eligible person who is provided an automobile or other conveyance under this chapter is given the opportunity to make personal selections relating to such automobile or other conveyance.''. SEC. 3. COMPREHENSIVE POLICY FOR THE AUTOMOBILES ADAPTIVE EQUIPMENT PROGRAM. (a) Comprehensive Policy.--The Secretary of Veterans Affairs shall develop a comprehensive policy regarding quality standards for providers who provide modification services to veterans under the automobile adaptive equipment program. (b) Scope.--The policy developed under subsection (a) shall cover each of the following: (1) The Department of Veterans Affairs-wide management of the automobile adaptive equipment program. (2) The development of standards for safety and quality of equipment and installation of equipment through the automobile adaptive equipment program, including with respect to the defined differentiations in levels of modification complexity. (3) The consistent application of standards for safety and quality of both equipment and installation throughout the Department. (4) In accordance with subsection (c)(1), the certification of a provider by a manufacturer if the Secretary designates the quality standards of such manufacturer as meeting or exceeding the standards developed under this section. (5) In accordance with subsection (c)(2), the certification of a provider by a third party, nonprofit organization if the Secretary designates the quality standards of such organization as meeting or exceeding the standards developed under this section. (6) The education and training of personnel of the Department who administer the automobile adaptive equipment program. (7) The compliance of the provider with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) when furnishing automobile adaptive equipment at the facility of the provider. (8) The allowance, where technically appropriate, for veterans to receive modifications at their residence or location of choice, including standards that ensure such receipt and notification to veterans of the availability of such receipt. (c) Certification of Manufacturers and Third Party, Nonprofit Organizations.-- (1) Certification of manufacturers.--The Secretary shall approve a manufacturer as a certifying manufacturer for purposes of subsection (b)(4), if the manufacturer demonstrates that its certification standards meet or exceed the quality standards developed under this section. (2) Certification of third party, nonprofit organizations.-- (A) In general.--The Secretary may approve two or more private, nonprofit organizations as third party, nonprofit certifying organizations for purposes of subsection (b)(5). (B) Limitation.--If at any time there is only one third party, nonprofit certifying organization approved by the Secretary for purposes of subsection (b)(5), such organization shall not be permitted to provide certifications under such subsection until such time as the Secretary approves a second third party, nonprofit certifying organization for purposes of such subsection. (d) Updates.-- (1) Initial updates.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall update Veterans Health Administration Handbook 1173.4, or any successor handbook or directive, in accordance with the policy developed under subsection (a). (2) Subsequent updates.--Not less frequently than once every 6 years thereafter, the Secretary shall update such handbook, or any successor handbook or directive. (e) Consultation.--The Secretary shall develop the policy under subsection (a), and revise such policy under subsection (d), in consultation with veterans service organizations, the National Highway Transportation Administration, industry representatives, manufacturers of automobile adaptive equipment, and other entities with expertise in installing, repairing, replacing, or manufacturing mobility equipment or developing mobility accreditation standards for automobile adaptive equipment. (f) Conflicts.--In developing and implementing the policy under subsection (a), the Secretary shall-- (1) minimize the possibility of conflicts of interest, to the extent practicable; and (2) establish procedures that ensure against the use of a certifying organization referred to in subsection (b)(5) that has a financial conflict of interest regarding the certification of an eligible provider. (g) Biennial Report.-- (1) In general.--Not later than 1 year after the date on which the Secretary updates Veterans Health Administration Handbook 1173.4, or any successor handbook or directive, under subsection (d), and not less frequently than once every other year thereafter through 2022, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the implementation and facility compliance with the policy developed under subsection (a). (2) Contents.--The report required by paragraph (1) shall include the following: (A) A description of the implementation plan for the policy developed under subsection (a) and any revisions to such policy under subsection (d). (B) A description of the performance measures used to determine the effectiveness of such policy in ensuring the safety of veterans enrolled in the automobile adaptive equipment program. (C) An assessment of safety issues due to improper installations based on a survey of recipients of adaptive equipment from the Department. (D) An assessment of the adequacy of the adaptive equipment services of the Department based on a survey of recipients of adaptive equipment from the Department. (E) An assessment of the training provided to the personnel of the Department with respect to administering the program. (F) An assessment of the certified providers of the Department of adaptive equipment with respect to meeting the minimum standards developed under subsection (b)(2). (h) Definitions.--In this section: (1) Automobile adaptive equipment program.--The term ``automobile adaptive equipment program'' means the program administered by the Secretary of Veterans Affairs pursuant to chapter 39 of title 38, United States Code. (2) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. SEC. 4. APPOINTMENT OF LICENSED HEARING AID SPECIALISTS IN VETERANS HEALTH ADMINISTRATION. (a) Licensed Hearing Aid Specialists.-- (1) Appointment.--Section 7401(3) of title 38, United States Code, is amended by inserting ``licensed hearing aid specialists,'' after ``Audiologists,''. (2) Qualifications.--Section 7402(b)(14) of such title is amended by inserting ``, hearing aid specialist'' after ``dental technologist''. (b) Requirements.--With respect to appointing hearing aid specialists under sections 7401 and 7402 of title 38, United States Code, as amended by subsection (a), and providing services furnished by such specialists, the Secretary shall ensure that-- (1) a hearing aid specialist may only perform hearing services consistent with the hearing aid specialist's State license related to the practice of fitting and dispensing hearing aids without excluding other qualified professionals, including audiologists, from rendering services in overlapping practice areas; (2) services provided to veterans by hearing aid specialists shall be provided as part of the non-medical treatment plan developed by an audiologist; and (3) the medical facilities of the Department of Veterans Affairs provide to veterans access to the full range of professional services provided by an audiologist. (c) Consultation.--In determining the qualifications required for hearing aid specialists and in carrying out subsection (b), the Secretary shall consult with veterans service organizations, audiologists, otolaryngologists, hearing aid specialists, and other stakeholder and industry groups as the Secretary determines appropriate. (d) Annual Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter during the 5-year period beginning on the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the following: (A) Timely access of veterans to hearing health services through the Department of Veterans Affairs. (B) Contracting policies of the Department with respect to providing hearing health services to veterans in facilities that are not facilities of the Department. (2) Timely access to services.--Each report shall, with respect to the matter specified in paragraph (1)(A) for the 1-year period preceding the submittal of such report, include the following: (A) The staffing levels of audiologists, hearing aid specialists, and health technicians in audiology in the Veterans Health Administration. (B) A description of the metrics used by the Secretary in measuring performance with respect to appointments and care relating to hearing health. (C) The average time that a veteran waits to receive an appointment, beginning on the date on which the veteran makes the request, for the following: (i) A disability rating evaluation for a hearing- related disability. (ii) A hearing aid evaluation. (iii) Dispensing of hearing aids. (iv) Any follow-up hearing health appointment. (D) The percentage of veterans whose total wait time for appointments described in subparagraph (C), including an initial and follow-up appointment, if applicable, is more than 30 days. (3) Contracting policies.--Each report shall, with respect to the matter specified in paragraph (1)(B) for the 1-year period preceding the submittal of such report, include the following: (A) The number of veterans that the Secretary refers to non-Department audiologists for hearing health care appointments. (B) The number of veterans that the Secretary refers to non-Department hearing aid specialists for follow-up appointments for a hearing aid evaluation, the dispensing of hearing aids, or any other purpose relating to hearing health. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the Senate on November 17, 2016. Veterans Mobility Safety Act of 2016 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to ensure that an eligible disabled veteran provided an automobile or other conveyance is given the opportunity to make personal selections relating to such conveyance. (Sec. 3) The VA shall develop a comprehensive policy regarding quality standards for providers of modification services to veterans under the automobile adaptive equipment program. Such policy shall cover: (1) management of the automobile adaptive equipment program, (2) development and application of safety and quality standards for equipment and installation, (3) provider certification by a third party organization or manufacturer, (4) manufacturer certification of a provider, (5) education and training of VA personnel, (6) provider compliance with the Americans with Disabilities Act of 1990, and (7) allowance for veterans to receive modifications at their residence or location of choice. The VA shall approve a manufacturer as a certifying manufacturer if such manufacturer demonstrates that its certification standards meet or exceed the quality standards provided for by this bill. The VA may approve two or more private, nonprofit organizations as third party, nonprofit certifying organizations. The VA shall: (1) within one year and at least every six years thereafter, update VHA Handbook 1173.4 in accordance with such policy; and (2) within one year of such update and biennially thereafter through 2022, report on policy implementation and facility compliance. The VA shall: (1) develop and revise such policy in consultation with veteran service organizations, the National Highway Transportation Administration, industry representatives, manufacturers of automobile adaptive equipment, and other entities with relevant expertise; and (2) ensure against the use of a certifying entity that has a financial conflict of interest regarding the certification of an eligible provider. (Sec. 4) The VA may appoint licensed hearing aid specialists to the Veterans Health Administration. The VA shall ensure that: (1) a hearing aid specialist may only perform hearing services consistent with the specialist's state license related to the practice of fitting and dispensing hearing aids, without excluding other qualified professionals from rendering services in overlapping practice areas; (2) services provided to veterans by hearing aid specialists shall be provided as part of the non-medical treatment plan developed by an audiologist; and (3) VA medical facilities provide veterans with access to the full range of audiologist services. The VA shall, within one year and annually thereafter for the next five years, report on: (1) veterans access to such hearing health services; and (2) VA contracting policies for providing hearing health services to veterans in non-VA facilities, including the number of veterans referred to audiologists and hearing aid specialists."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the `Older and Disabled Americans Criminal Protection Act of 1998'. SEC. 2. BACKGROUND CHECKS. (a) In General.--A shared housing referral service, as determined for the purpose of this section by the Attorney General, may request the Attorney General to conduct a search and exchange of records under subsection (b) regarding any applicant for participation in a shared housing arrangement as a service provider resident by-- (1) submitting, to the Attorney General-- (A) fingerprints regarding such applicant; and (B) a written statement authorizing the shared housing referral service to request the search and exchange of records regarding the applicant, which is signed by the applicant; and (2) making the submission of the information under paragraph (1) not more than 7 days (not including Saturdays, Sundays, and legal public holidays under section 6103 of title 5, United States Code) after completing acquiring the information. (b) Search and Exchange of Records.--Pursuant to any submission that complies with subsection (a), the Attorney General shall search the records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation for any criminal history records corresponding to the fingerprints or other positive identification submitted. The Attorney General shall provide any corresponding information identified by the search to the appropriate State or local governmental agency authorized to receive such information. (c) Use of Information.--Information regarding any applicant for participation in a shared housing arrangement obtained pursuant to subsection (b) may be used only by the shared housing referral service requesting the information and only for determining the suitability of the applicant for participation in a shared housing arrangement as a service provider resident. (d) Fees.--The Attorney General may charge a reasonable fee, which may not exceed $50, to any shared housing referral service requesting a search and exchange of records pursuant to subsection (b) to cover the costs of conducting the search and providing the records. (e) Report.--The Attorney General shall submit a report to the House of Representatives and the Senate not later than 2 years after the date of enactment of this Act regarding the number of requests for searches and exchanges of records made under this section by shared housing referral services and the disposition of such requests. SEC. 3. CRIMINAL PENALTY. Whoever knowingly uses any information obtained pursuant to section 2(b) in violation of section 2(c) shall be fined under title 18, United States Code, or imprisoned for not more than 2 years, or both. SEC. 4. ORGANIZATIONAL LIABILITY. A shared housing referral agency that, in making a determination regarding any referral for participation in a shared housing arrangement, reasonably relies upon information provided to the agency by the Attorney General pursuant to section 2 shall not be liable, in any action for damages based on the referral determination, for any damages resulting from incompleteness or inaccuracy of the information. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Shared housing arrangement.--The term `shared housing arrangement' means a primary residential arrangement that consists of at least 2 persons-- (A) who reside in the same dwelling unit and share the use of all or part of the facilities of the dwelling unit; (B) who have no familial relationship; (C) one of whom is the owner or lessee of the dwelling unit, including any owner or lessee who is an elderly person or a person with disabilities, and (D) another of whom provides care or other services for the benefit of the person described in subparagraph (C) in exchange for free occupancy in the dwelling unit, a reduction in the cost otherwise charged for occupancy of the dwelling unit, or other remuneration. (2) Shared housing referral service.--The term `shared housing referral service' means any nonprofit organization, person, or other entity that, for consideration, performs services which involve the referral of individuals or families for participation in shared housing arrangements as service provider residents. (3) Service provider resident.--The term `service provider resident' means, with respect to a shared housing arrangement, the individual participating in the arrangement who is described in paragraph (1)(D). (4) Elderly person; person with disabilities.--The terms `elderly person' and `person with disabilities' have the meanings given such terms in section 3(b) of the United States Housing Act of 1937. SEC. 6. REGULATIONS. The Attorney General may prescribe any regulations necessary to carry out this Act, including regulations regarding the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping and the imposition of fees necessary for the recovery of costs.", "summary": "Older and Disabled Americans Criminal Protection Act of 1998 - Defines a \"shared housing arrangement\" as a residential arrangement under which one person provides care or other services for the owner or lessee of a dwelling unit in exchange for free occupancy or a reduced cost for occupancy of that unit or other remuneration. Authorizes: (1) a shared housing referral agency to request the Attorney General to conduct and share criminal background checks respecting shared housing caretaker applicants; and (2) the Attorney General to charge a fee for such service. Provides a criminal penalty for the knowing use of such information for other than housing determinations. States that an agency that reasonably relies upon such information shall not be liable for damages based on such information's inaccuracy."}
{"article": "SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM. (a) Definitions.--Section 8331 of title 5, United States Code, is amended-- (1) by striking out ``and'' at the end of paragraph (25); (2) by striking out the period at the end of paragraph (26) and inserting in lieu thereof a semicolon and ``and''; and (3) by adding at the end thereof the following new paragraph: ``(27) `fish and wildlife officer' means a law enforcement officer of the Refuge Division of the United States Fish and Wildlife Service of the Department of the Interior.''. (b) Deductions, Contributions, and Deposits.--Section 8334 of title 5, United States Code, is amended-- (1) in subsection (a)(1), by striking out ``a law enforcement officer,'' and inserting in lieu thereof ``a law enforcement officer, a fish and wildlife officer''; and (2) in the table in subsection (c), by striking out ``and firefighter for firefighter service.'' and inserting in lieu thereof ``, firefighter for firefighter service, and a fish and wildlife officer for fish and wildlife service.''. (c) Immediate Retirement.--Section 8336(c)(1) of such title is amended by striking out ``law enforcement officer or firefighter,'' and inserting ``law enforcement officer, a firefighter, or a''. SEC. 2. FEDERAL EMPLOYEES RETIREMENT SYSTEM. (a) Definitions.--Section 8401 of title 5, United States Code, is amended-- (1) by striking out ``and'' at the end of paragraph (31); (2) by striking out the period at the end of paragraph (32) and inserting in lieu thereof a semicolon and ``and''; and (3) by adding at the end thereof the following new paragraph: ``(33) `fish and wildlife officer' means a law enforcement officer of the Refuge Division of the United States Fish and Wildlife Service of the Department of the Interior.''. (b) Immediate Retirement.--Section 8412(a) of title 5, United States Code, is amended-- (1) in paragraph (1) by striking out ``or firefighter,'' and inserting in lieu thereof ``firefighter, or fish and wildlife officer,''; and (2) in paragraph (2) by striking out ``or firefighter,'' and inserting in lieu thereof ``firefighter, or fish and wildlife officer''. (c) Computation of Basic Annuity.--Section 8415(g)(2) of title 5, United States Code, is amended in the sentence following subparagraph (B) by inserting ``fish and wildlife officer,'' after ``firefighter,''. (d) Deductions.--Section 8422(a)(2) of title 5, United States Code, is amended-- (1) in subparagraph (A) by inserting ``fish and wildlife officer,'' after ``air traffic controller,''; and (2) in subparagraph (B) by inserting ``fish and wildlife officer,'' after ``air traffic controller,''. (e) Government Contributions.--Section 8423(a) of title 5, United States Code, is amended-- (1) in paragraph (1)(B)(i) by inserting ``fish and wildlife officer,'' after ``law enforcement officer,''; and (2) in paragraph (3)(A) by inserting ``fish and wildlife officer,'' after ``law enforcement officer,''. (f) Mandatory Separation.--Section 8425(b) of title 5, United States Code, is amended in the second sentence by inserting ``or fish and wildlife officer'' after ``law enforcement officer''. SEC. 3. ADMINISTRATIVE PROVISIONS. (a) Employee Contributions.--Any individual who has served as a fish and wildlife officer before the effective date of this Act, shall have such service credited and annuities determined in accordance with the amendments made by sections 1 and 2 of this Act, if such individual makes payment into the Civil Service Retirement and Disability Fund of an amount, determined by the Office of Personnel Management, which would have been deducted and withheld from the basic pay of such individual (including interest thereon) under chapters 83 and 84 of title 5, United States Code, as if such amendments had been in effect during the periods of such service. (b) Agency Contributions.--No later than 90 days after a payment made by an individual under subsection (a), the Department of the Interior shall make a payment into the Civil Service Retirement and Disability Fund of an amount, determined by the Office of Personnel Management, which would have been contributed as a Government contribution (including interest thereon) under chapters 83 and 84 of title 5, United States Code, for the service credited and annuities determined for such individual, as if the amendments made by sections 1 and 2 of this Act had been in effect during the applicable periods of service. (c) Regulations.--The Office of Personnel Management shall determine the amount of interest to be paid under this section and may promulgate regulations to carry out the provisions of this Act. SEC. 4. EFFECTIVE DATE. The provisions of this Act and amendments made by this Act shall take effect on the date occurring 90 days after the date of enactment of this Act.", "summary": "Amends Federal law to extend certain retirement-related provisions of the Civil Service and Federal Employees' Retirement Systems for Federal law enforcement officers to law enforcement officers of the Refuge Division of the United States Fish and Wildlife Service of the Department of the Interior."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Assault Weapons Prohibition Act of 1993''. SEC. 2. PROHIBITION AGAINST POSSESSION OR TRANSFER OF ASSAULT WEAPONS. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(s)(1) Except as provided in paragraph (2), it shall be unlawful for any person-- ``(A) to transfer an assault weapon; or ``(B) to possess an assault weapon after the 90-day period that begins with the effective date of this subsection. ``(2)(A)(i) Paragraph (1) shall not apply to a transfer to or by, or a possession by or under the authority of, the United States or any department or agency thereof, or any State or a department, agency, or political subdivision thereof. ``(B) Paragraph (1) shall not apply to the otherwise lawful possession of an assault weapon by a person who-- ``(i) has lawfully possessed the weapon since before the effective date of this subsection; and ``(ii) has submitted to the Secretary, in such form and in such manner as the Secretary shall prescribe by regulation-- ``(I) the name (and any former name), address, date of birth, and any driver's license number of the person; and ``(II) the serial number of the weapon. ``(3) Within 90 days after the date of the enactment of this subsection, the Secretary shall prescribe such regulations as are necessary to carry out this subsection.''. SEC. 3. DEFINITION OF ASSAULT WEAPON. Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(29) The term `assault weapon' means-- ``(A)(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models); ``(ii) Action Arms Israeli Military Industries UZI and Galil; ``(iii) Beretta AR-70 (SC-70); ``(iv) Colt AR-15 and CAR-15; ``(v) Fabrique Nationale FN/FAL, FN/LAR, and FNC; ``(vi) MAC 10 and 11; ``(vii) Steyr AUG; ``(viii) INTRATEC TEC-9; ``(ix) Street Sweeper and Striker 12; ``(x) Auto Ordnance 27A1 Thompson, 27A5 Thompson, M1 Thompson; ``(xi) Springfield BM59, SAR48, and G3SA; ``(xii) All Ruger Mini-14 models with folding stocks; and ``(xiii) Armscorp FAL; ``(B) any firearm which is functionally equivalent to any firearm specified in subparagraph (A); ``(C) a firearm having threads, lugs, or other characteristics which are designed to facilitate the direct attachment of a silencer, bayonet, grenade launcher, flash suppressor, or folding stock to the firearm; ``(D) any part or combination of parts designed to facilitate the attachment of a silencer, bayonet, grenade launcher, flash suppressor, or folding stock to a firearm; ``(E) a detachable magazine, drum, belt, feed strip, or similar device which has a capacity of, or can be readily restored or converted to accept, 10 or more rounds of ammunition; and ``(F) any combination of parts-- ``(i) designed and intended solely and exclusively for assembling-- ``(I) a firearm specified in subparagraph (A), or described in subparagraph (B) or (C); or ``(II) a device described in subparagraph (E); and ``(ii) from which a firearm or device referred to in clause (i) could be assembled if such parts were possessed or controlled by 1 person.''. SEC. 4. AUTHORITY TO RECOMMEND MODIFICATIONS TO THE DEFINITION OF ASSAULT WEAPON. The Secretary of the Treasury, in consultation with the Attorney General, may recommend to the Congress that the definition of an assault weapon in section 921(a)(29) of title 18, United States Code, be modified-- (1) to include firearms not covered by the definition which should be so covered; and (2) to exclude firearms covered by the definition which should not be so covered. SEC. 5. ENHANCED PENALTIES. Section 924(c)(1) of title 18, United States Code, is amended-- (1) by inserting ``and if the firearm is an assault weapon, to imprisonment for 15 years,'' after ``ten years,''; and (2) by inserting ``and if the firearm is an assault weapon, to imprisonment for 30 years,'' after ``twenty years,''. SEC. 6. STUDY BY ATTORNEY GENERAL. (a) In General.--The Attorney General of the United States shall-- (1) investigate and study the effect of this Act and the amendments made by this Act on violent and drug-related crime; and (2) evaluate the recreational and other noncriminal uses of assault weapons (as defined in section 921(a)(29) of title 18, United States Code). (b) Report.--Not later than 30 months after the date of the enactment of this Act, the Attorney General shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the matters described in subsection (a). SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall become effective 90 days after the date of the enactment of this Act.", "summary": "Assault Weapons Prohibition Act of 1993 - Amends the Federal criminal code to prohibit the transfer or possession of an assault weapon, with exceptions. Authorizes the Secretary of the Treasury to recommend to the Congress that the definition of an assault weapon (as specified under this Act) be modified. Provides enhanced penalties for the use of an assault weapon during and in relation to any crime of violence or drug trafficking crime. Directs the Attorney General to: (1) investigate and study the effect of this Act on violent and drug-related crime; and (2) evaluate the recreational and other noncriminal uses of assault weapons."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Business Procurement Assistance Act of 1993''. SEC. 2. GOAL SETTING. Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended-- (1) in paragraph (1) by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears in the first sentence and the first place it appears in the fourth sentence; (2) in the first sentence of paragraph (2) by inserting ``by small business concerns owned and controlled by women,'' after ``small business concerns,''; (3) in the second sentence of paragraph (2) by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears; and (4) in the fourth sentence of paragraph (2) by inserting ``small business concerns owned and controlled by women and'' after ``including participation by''. SEC. 3. REPORTING. Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended-- (1) by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears in paragraph (1), the first place it appears in paragraph (2)(A), and the first place it appears in paragraph (2)(D); (2) in paragraph (1) by inserting ``and subcontracts'' after ``contracts''; (3) by adding at the end of paragraph (1) the following new sentence: ``The Administration shall submit to the Committee on Small Business of the Senate and the Committee on Small Business of the House of Representatives information obtained from such reports, together with appropriate comments.''; and (4) in paragraph (2)(F) by striking ``women-owned small business enterprises'' and inserting ``small business concerns owned and controlled by women''. SEC. 4. SUBCONTRACTING. (a) Statement of Policy.--Section 8(d)(1) of the Small Business Act (15 U.S.C. 637(d)(1)) is amended-- (1) in the first sentence by inserting ``small business concerns owned and controlled by women,'' after ``small business concerns,''; and (2) in the second sentence by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears. (b) Contract Clause.--The contract clause specified in section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)) is amended as follows: (1) Subparagraph (A) of such clause is amended by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears in the first sentence and the first place it appears in the second sentence. (2) Subparagraph (C) of such clause is amended to read as follows: ``(C)(i) As used in this contract, the term `small business concern' means a small business concern as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. ``(ii) As used in this contract, the term `small business concern owned and controlled by socially and economically disadvantaged individuals' means a small business concern-- ``(I) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ``(II) whose management and daily business operations are controlled by one or more of such individuals. The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities, or any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act. ``(iii) As used in this contract, the term `small business concern owned and controlled by women' means a small business concern-- ``(I) which is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and ``(II) whose management and daily business operations are controlled by such women. The contractor shall presume that women have been subjected to gender based discrimination and may determine whether a small business concern meets the percentage requirements under subclause (I) without regard to the community property laws of any jurisdiction.''. (c) Conforming Amendments.--Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears in paragraphs (3)(D), (4)(D), (4)(E), (6)(A), (6)(C), (6)(F), (10)(B), and (11). (d) Exclusion.--No business concern shall be deemed eligible for any contract or other assistance pursuant to section 2323 of title 10, United States Code, due solely to the provisions of this section. SEC. 5. WOMEN-IN-BUSINESS SPECIALISTS. Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended-- (1) by inserting ``(1)'' after ``(k)''; (2) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9) as subparagraphs (A), (B), (C), (D), (E), (F), (G), (H), and (I), respectively; (3) by striking ``and'' at the end of subparagraph (H) (as redesignated); (4) in subparagraph (I) (as redesignated), by striking out the period after ``Code'' and all that follows through ``shall be made'' and inserting in lieu thereof a comma, and by striking the period after ``contract file'' and inserting ``, and''; (5) by inserting after subparagraph (I) (as redesignated) the following new subparagraph: ``(J) subject to paragraph (2)(A), designate an employee of such office to be a women-in-business specialist responsible for the implementation and execution of programs designed to assist small business concerns owned and controlled by women.''; (6) by designating the last sentence as paragraph (2); and (7) by adding at the end the following new paragraph: ``(3)(A) The Director of Small and Disadvantaged Business Utilization in a Federal agency shall ensure that the women-in-business specialist designated pursuant to paragraph (1)(J) has sufficient knowledge of small business concerns owned and controlled by women and the Federal procurement process, other appropriate qualifications, and appropriate training from the Office of Women's Business Ownership to effectively carry out the specialist's responsibilities under this Act. ``(B) Each women-in-business specialist designated pursuant to paragraph (1)(J) in a Federal agency shall work full time to initiate and execute programs to assist small business concerns owned and controlled by women in participating in the performance of contracts let by the agency. The specialist shall-- ``(i) respond to requests from small business concerns owned and controlled by women; ``(ii) identify and solicit offers from small business concerns owned and controlled by women, as required under section 15(p) of this Act, through means such as sending solicitation packages to such concerns for each proposed contract for which such concerns may be eligible to compete and holding workshops on procurement for such concerns; and ``(iii) regularly monitor the agency's progress toward meeting the annual goal established under subsection (g) for participation by small business concerns owned and controlled by women.''. SEC. 6. OUTREACH. Section 15 the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection: ``(p) Each Federal agency having procurement powers shall engage in affirmative efforts to identify and solicit offers from small business concerns owned and controlled by women and the small business concerns owned and controlled by socially and economically disadvantaged individuals. To the maximum extent practicable, a representative number of such concerns shall receive solicitation packages for each proposed acquisition for which such concerns may be eligible to compete.''. SEC. 7. ESTABLISHMENT OF THE OFFICE OF WOMEN'S BUSINESS OWNERSHIP. The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following new section: ``SEC. 28. OFFICE OF WOMEN'S BUSINESS OWNERSHIP. ``(a) Establishment.--There is established in the Small Business Administration the Office of Women's Business Ownership (hereinafter in this section referred to as the `Office'). ``(b) Director.--The Director of the Office (hereinafter in this section referred to as the `Director') shall be appointed by the Administrator not later than sixty days after the date of the enactment of this section. ``(c) Functions.--The Director shall perform the following functions: ``(1) Promote, coordinate, and monitor the plans, programs, and operations of Federal departments and agencies which may contribute to the establishment, preservation, and strengthening of small business concerns owned and controlled by women. The Director may, as appropriate, develop comprehensive interagency plans and specific program goals for small business concerns owned and controlled by women with the cooperation of the departments and agencies. ``(2) Establish policies, definitions, procedures, and guidelines to govern the implementation, interpretation, and application of this section, and generally perform such functions and take such steps as the Director may consider to be necessary or appropriate to carry out this section. ``(3) Promote the mobilization of activities and resources of State and local governments, business and trade associations, private industry, colleges and universities, foundations, professional organizations, and volunteer and other groups toward the growth of small business concerns owned and controlled by women, and facilitate the coordination of the efforts of such groups with those of Federal departments and agencies. ``(4) Make an annual assessment of the progress made in the Federal Government toward assisting small business concerns owned and controlled by women to enter the mainstream of business ownership and provide recommendations for future actions to the Administrator. ``(5) Convene and consult (as necessary) with persons inside and outside government to develop and promote new ideas concerning the development of small business concerns owned and controlled by women. ``(6) Consider the findings and recommendations of government and private sector investigations and studies of the problems of women entrepreneurs, and promote further research into such problems. ``(7) Monitor the contracting and subcontracting performance of each department, agency, and business enterprise participating under this section. ``(8) Promote access and participation for small business concerns owned and controlled by women to a fair proportion of the broad array of purchases and contracts for property and services for the Federal Government. ``(9) Provide training as needed to women-in-business specialists designated pursuant to section 15(k)(1)(J) to carry out their responsibilities under this Act.''. SEC. 8. GENERAL ACCOUNTING OFFICE REPORT. (a) Report Requirement.--Not later than 3 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report comparing the number of small business concerns owned and controlled by women procuring Federal contracts during the year preceding the date of the enactment of this Act with the number of such businesses during each of the 3 years occurring after such date. If the number of such businesses did not increase significantly by the end of the 3-year period beginning on the date of the enactment of this Act, the Comptroller General shall include in the report recommendations on actions that could be taken to increase the number. (b) Sense of Congress.--If the report required under subsection (a) shows that the number of small business concerns owned and controlled by women did not increase significantly by the end of the 3-year period beginning on the date of the enactment of this Act, it is the sense of Congress that further legislative steps should be taken to ensure that the number of Federal contracts entered into with small business concerns owned and controlled by women realistically reflects the potential of such business concerns to perform Federal contracting and subcontracting work.", "summary": "Women's Business Procurement Assistance Act of 1993 - Amends the Small Business Act to require the President and the head of each Federal agency to include small business concerns owned and controlled by women within the Federal procurement contract process. Declares that it is the policy of the United States that such business concerns should have the maximum opportunity to participate in the Federal procurement contract process. Requires the Director of the Small and Disadvantaged Business Utilization section in each Federal agency to designate a \"women-in-business\" specialist responsible for the execution of programs designed to assist small business concerns owned and controlled by women. Requires that each such specialist: (1) possess the appropriate knowledge, qualifications, and training for such position; and (2) work full-time in such position. Establishes in the Small Business Administration the Office of Women's Business Ownership. Directs the Comptroller General to report to the Congress on the number of small businesses owned and controlled by women procuring Federal contracts. Expresses the sense of the Congress that if the number of such businesses procuring such contracts does not rise significantly, then further legislative steps should be taken."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Our Democracy Act of 2014''. SEC. 2. ELECTION OF MEMBERS OF HOUSE OF REPRESENTATIVES THROUGH OPEN PRIMARIES. (a) Rules for Election of House Members.--A candidate for election for the office of Member of the House of Representatives shall be elected to such office pursuant to the following elections held by the State in which the candidate seeks election: (1) A single open primary election for such office held in accordance with subsection (b). (2) A single general election for such office held in accordance with subsection (c). (b) Open Primaries.--Each State shall hold a single open primary election for each office of Member of the House of Representatives in the State under which-- (1) each candidate for such office, regardless of the candidate's political party preference, shall appear on a single ballot; and (2) each voter in the State who is eligible to vote in elections for Federal office in the Congressional district involved may cast a ballot in the election, regardless of the voter's political party preference. (c) General Election.--Each State shall hold a general election for each office of Member of the House of Representatives in the State under which the 2 candidates receiving the greatest number of votes in the single open primary election for such office (as described in subsection (b)), without regard to the political party preference of such candidates, shall be the only candidates appearing on the ballot. SEC. 3. ABILITY OF CANDIDATES TO DISCLOSE POLITICAL PARTY PREFERENCES. (a) Option of Candidates To Declare Political Party Preference.--At the time a candidate for the office of Member of the House of Representatives files to run for such office, the candidate shall have the option of declaring a political party preference, and the preference chosen (if any) shall accompany the candidate's name on the ballot for the election for such office. (b) Designation for Candidates Not Declaring Preference.--If a candidate does not declare a political party preference under subsection (a), the designation ``No Party Preference'' shall accompany the candidate's name on the ballot for the election for such office. (c) No Party Endorsement Implied.--The selection of a party preference by a candidate under subsection (a) shall not constitute or imply endorsement of the candidate by the party designated, and no candidate in a general election shall be deemed the official candidate of any party by virtue of his or her selection in the primary. SEC. 4. PROTECTION OF RIGHTS OF POLITICAL PARTIES. Nothing in this Act shall restrict the right of individuals to join or organize into political parties or in any way restrict the right of private association of political parties. Nothing in this Act shall restrict a party's right to contribute to, endorse, or otherwise support a candidate for the office of Member of the House of Representatives. A political party may establish such procedures as it sees fit to endorse or support candidates or otherwise participate in all elections, and may informally designate candidates for election to such an office at a party convention or by whatever lawful mechanism the party may choose, other than pursuant to a primary election held by a State. A political party may also adopt such rules as it sees fit for the selection of party officials (including central committee members, presidential electors, and party officers), including rules restricting participation in elections for party officials to those who disclose a preference for that party at the time of registering to vote. SEC. 5. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT. (a) In General.--For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code. (b) Sense of Congress Regarding Treatment of Day by Private Employers.--It is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day. SEC. 6. STUDY OF NATIONAL STANDARDS AND CRITERIA FOR CONGRESSIONAL REDISTRICTING. (a) Study.--The Comptroller General shall conduct a study of the feasibility and desirability of enacting national standards and criteria for Congressional redistricting. (b) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress on the study conducted under subsection (a). ---------------------------------------------------------------------------------------------------------------- 7.5.......................................... Before January 1, 1999. 7.75........................................ January 1, 1999, to December 31, 1999. 7.9......................................... January 1, 2000, to December 31, 2000. 7.55........................................ After January 11, 2003. ---------------------------------------------------------------------------------------------------------------- SEC. 7. MEMBER DEFINED. In this Act, the term ``Member of the House of Representatives'' included a Delegate or Resident Commissioner to the Congress. SEC. 8. EFFECTIVE DATE. Except as provided in sections 5(a) and 6(b), this Act shall apply with respect to elections occurring during 2016 or any succeeding year.", "summary": "Open Our Democracy Act of 2014 - Requires all candidates for election to the House of Representatives to run in a single open primary, regardless of political party preference. Limits the ensuing general election to the two candidates receiving the greatest number of votes in the single open primary. Gives candidates the option, at the time of filing to run for office, to declare a political party preference, which does not constitute or imply endorsement of the candidate by the party designated. Treats the general election day in the same manner as a legal public holiday for purposes of federal employment. Expresses the sense of Congress that private employers should give their employees a day off on the general election day in November 2016 and each even-numbered year thereafter to enable them to cast votes in elections held on that day. Requires the Comptroller General (GAO) to study the feasibility and desirability of enacting national standards and criteria for congressional redistricting."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Twenty-First Amendment Enforcement Act''. SEC. 2. SHIPMENT OF INTOXICATING LIQUOR INTO STATE IN VIOLATION OF STATE LAW. The Act entitled ``An Act divesting intoxicating liquors of their interstate character in certain cases'', approved March 1, 1913 (commonly known as the ``Webb-Kenyon Act'') (27 U.S.C. 122) is amended by adding at the end the following: ``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT. ``(a) Definitions.--In this section-- ``(1) the term `attorney general' means the attorney general or other chief law enforcement officer of a State, or the designee thereof; ``(2) the term `intoxicating liquor' means any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind; ``(3) the term `person' means any individual and any partnership, corporation, company, firm, society, association, joint stock company, trust, or other entity capable of holding a legal or beneficial interest in property, but does not include a State or agency thereof; and ``(4) the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. ``(b) Action by State Attorney General.--If the attorney general has reasonable cause to believe that a person is engaged in, or has engaged in, any act that would constitute a violation of a State law regulating the importation or transportation of any intoxicating liquor, the attorney general may bring a civil action in accordance with this section for injunctive relief (including a preliminary or permanent injunction or other order) against the person, as the attorney general determines to be necessary to-- ``(1) restrain the person from engaging, or continuing to engage, in the violation; and ``(2) enforce compliance with the State law. ``(c) Federal Jurisdiction.-- ``(1) In general.--The district courts of the United States shall have jurisdiction over any action brought under this section by an attorney general against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. ``(2) Venue.--An action under this section may be brought only in accordance with section 1391 of title 28, United States Code, or in the district in which the recipient of the intoxicating liquor resides or is found. ``(d) Requirements for Injunctions and Orders.-- ``(1) In general.--In any action brought under this section, upon a proper showing by the attorney general of the State, the court may issue a preliminary or permanent injunction or other order to restrain a violation of this section. A proper showing under this paragraph shall require clear and convincing evidence that a violation of State law as described in subsection (b) has taken place. In addition, no temporary restraining order or preliminary injunction may be granted except upon-- ``(A) evidence demonstrating the probability of irreparable injury if injunctive relief is not granted; and ``(B) evidence supporting the probability of success on the merits. ``(2) Notice.--No preliminary injunction or permanent injunction or other order may be issued under paragraph (1) without notice to the adverse party and an opportunity for a hearing. ``(3) Form and scope of order.--Any preliminary or permanent injunction or other order entered in an action brought under this section shall-- ``(A) set forth the reasons for the issuance of the order; ``(B) be specific in its terms; ``(C) describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and ``(D) be binding upon-- ``(i) the parties to the action and the officers, agents, employees, and attorneys of those parties; and ``(ii) persons in active concert or participation with the parties to the action who receive actual notice of the order by personal service or otherwise. ``(e) Additional Remedies.-- ``(1) In general.--A remedy under this section is in addition to any other remedies provided by law. ``(2) State court proceedings.--Nothing in this section may be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any State law. ``SEC. 3. GENERAL PROVISIONS. ``(a) Effect on Internet Tax Freedom Act.--Nothing in this Act may be construed to modify or supersede the operation of the Internet Tax Freedom Act (47 U.S.C. 151 note). ``(b) Enforcement of Twenty-First Amendment.--It is the purpose of this Act to assist the States in the enforcement of section 2 of the twenty-first article of amendment to the Constitution of the United States, and not to impose an unconstitutional burden on interstate commerce in violation of article I, section 8, of the Constitution of the United States. No State may enforce under this Act a law regulating the importation or transportation of any intoxicating liquor that unconstitutionally discriminates against interstate commerce by out-of- State sellers by favoring local industries, erecting barriers to competition, and constituting mere economic protectionism. ``(c) Support for Internet and Other Interstate Commerce.--Nothing in this Act may be construed-- ``(1) to permit State regulation or taxation of Internet services or any other related interstate telecommunications services; or ``(2) to authorize any injunction against-- ``(A) an interactive computer service (as defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)); or ``(B) electronic communication service (as defined in section 2510(15) of title 18, United States Code) used by another person to engage in any activity that is subject to this Act.''. SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendment made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendment.--The amendment made by this Act shall apply only with respect to the importation or transportation of any intoxicating liquor occurring after-- (1) October 31, 1999, or the expiration of the 90-day period beginning on the date of the enactment of this Act, whichever is earlier, if this Act is enacted before November 1, 1999; or (2) the date of the enactment of this Act if this Act is enacted after October 31, 1999. SEC. 4. STUDY. The Attorney General shall submit to the Congress the results of a study to determine the impact of this Act. The Attorney General shall carry out the study required by subsection (a) and shall submit the results of such study not later than 180 days after the date of the enactment of this Act. Passed the House of Representatives August 3, 1999. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.", "summary": "Twenty-First Amendment Enforcement Act - Amends the Webb-Kenyon Act to authorize a State attorney general (State AG) who has reasonable cause to believe that a person is engaging in any act that would constitute a violation of State law regulating the importation or transportation of any intoxicating liquor, to bring a civil action for injunctive relief to: (1) restrain the person from engaging in the violation; and (2) enforce compliance with State law. Grants U.S. district courts jurisdiction over any action brought by a State AG against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. Permits such an action to be brought only in accordance with Federal judicial code provisions regarding venue, or in the district in which the recipient of such liquor resides or is found. Authorizes the court, in such action and upon a proper showing by the State AG, to issue a preliminary or permanent injunction or other order to restrain a violation. Specifies that a proper showing shall require clear and convincing evidence that a violation of State law regulating the importation or transportation of intoxicating liquor has taken place, and that no temporary restraining order or preliminary injunction may be granted except upon evidence: (1) demonstrating the probability of irreparable injury if injunctive relief is not granted; and (2) supporting the probability of success on the merits. Prohibits such issuance without notice to the adverse party and an opportunity for a hearing. Sets forth provisions regarding the form and scope of the order. Specifies that nothing in this Act may be construed to modify or supersede the operation of the Internet Tax Freedom Act. Prohibits any State from enforcing under this Act a law regulating the importation or transportation of intoxicating liquor that unconstitutionally discriminates against interstate commerce by out-of-State sellers by favoring local industries, erecting barriers to competition, and constituting mere economic protectionism. Provides that nothing in this Act may be construed to: (1) permit State regulation or taxation of Internet services or any other related interstate telecommunications services; or (2) authorize any injunction against an interactive computer service or against an electronic communication service used by another person to engage in any activity that is subject to this Act. (Sec. 3) Provides that the amendment made by this Act shall apply only with respect to the importation or transportation of intoxicating liquor occurring after: (1) October 31, 1999, or the expiration of the 90-day period beginning on the date of this Act's enactment, whichever is earlier, if this Act is enacted before November 1, 1999; or (2) the date of this Act's enactment if this Act is enacted after October 31, 1999. (Sec. 4) Directs the Attorney General to conduct and report to Congress on the impact of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Reserve Act of 2001''. SEC. 2. NATURAL GAS RESERVE. Title I of the Energy Policy and Conservation Act is amended by-- (1) redesignating part E as part F; (2) redesignating section 191 as section 198; and (3) inserting after part D the following new part E: ``Part E--Natural Gas Reserve ``establishment ``Sec. 191. (a) Authority.--Notwithstanding any other provision of this Act, the Secretary may establish, maintain, and operate a Natural Gas Reserve. The Reserve established under this part is not a component of the Strategic Petroleum Reserve established under part B of this title. ``(b) Definition.--For the purposes of this part, the term `natural gas' has the meaning given that term in section 2(1) of the Natural Gas Policy Act of 1978 (15 U.S.C. 3301(1)). ``authority ``Sec. 192. To the extent necessary or appropriate to carry out this part, the Secretary may-- ``(1) purchase, contract for, lease, or otherwise acquire, in whole or in part, storage and related facilities, and storage services; ``(2) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired under this part; ``(3) acquire by purchase, exchange (including exchange of petroleum products from the Strategic Petroleum Reserve or received as royalty from Federal lands), lease, or otherwise, natural gas for storage in the Natural Gas Reserve; ``(4) store natural gas in facilities not owned by the United States; and ``(5) sell, exchange, or otherwise dispose of natural gas from the Natural Gas Reserve, including to maintain the quality or quantity of the natural gas in the Reserve or to maintain the operational capability of the Reserve. ``conditions for release; plan ``Sec. 193. (a) Finding.--The Secretary may sell products from the Natural Gas Reserve upon a finding that there is a natural gas supply shortage. ``(b) Release of Natural Gas.--After consultation with the natural gas industry, the Secretary shall determine procedures governing the release of natural gas from the Natural Gas Reserve. The procedures shall provide that-- ``(1) the Secretary may-- ``(A) sell natural gas from the Reserve through a competitive process; or ``(B) enter into exchange agreements described in section 192(3); ``(2) in all such sales or exchanges, the Secretary shall receive revenue or its equivalent that provides the Department with fair market value; ``(3) at no time may the natural gas be sold or exchanged resulting in a loss of revenue or value to the United States; and ``(4) the Secretary shall only sell or dispose of the natural gas in the Reserve to entities customarily engaged in the sale and distribution of natural gas. ``(c) Plan.--Within 45 days after the date of the enactment of this section, the Secretary shall transmit to the Congress a plan describing-- ``(1) the acquisition of storage and related facilities or storage services for the Natural Gas Reserve, including the potential use of storage facilities not currently in use; ``(2) the acquisition of natural gas for storage in the Natural Gas Reserve; ``(3) the anticipated methods of disposition of natural gas from the Natural Gas Reserve; ``(4) the estimated costs of establishment, maintenance, and operation of the Natural Gas Reserve; ``(5) efforts the Department will take to minimize any potential need for future drawdowns and ensure that distributors and importers are not discouraged from maintaining and increasing supplies; and ``(6) actions to ensure quality of the natural gas in the Natural Gas Reserve. ``natural gas reserve account ``Sec. 194. (a) Establishment.--Upon a decision of the Secretary of Energy to establish a Natural Gas Reserve under this part, the Secretary of the Treasury shall establish in the Treasury of the United States an account known as the `Natural Gas Reserve Account' (referred to in this section as the `Account'). ``(b) Deposits.--The Secretary of the Treasury shall deposit in the Account any amounts appropriated to the Account and any receipts from the sale, exchange, or other disposition of natural gas from the Natural Gas Reserve. ``(c) Availability.--The Secretary of Energy may obligate amounts in the Account to carry out activities under this part without the need for further appropriation, and amounts available to the Secretary of Energy for obligation under this section shall remain available without fiscal year limitation. ``exemptions ``Sec. 195. An action taken under this part is not subject to the rulemaking requirements of section 523 of this Act, section 501 of the Department of Energy Organization Act, or section 553 of title 5, United States Code.''.", "summary": "Natural Gas Reserve Act of 2001 - Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy to establish and operate a Natural Gas Reserve (NGR), which shall not be deemed to be a component of the Strategic Petroleum Reserve.Sets forth implementation authority for natural gas release and sales predicated upon a finding that a natural gas supply shortage exists. Restricts such sales to entities customarily engaged in natural gas sale and distribution.Instructs the Secretary of the Treasury to establish a Natural Gas Reserve Account to serve as depository for receipts from disposition of NGR natural gas.Authorizes the Secretary of Energy to obligate amounts in such Account without the need for further appropriation. Retains the availability of such funds for obligation without fiscal year limitation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology for the Classroom Act of 1993''. SEC. 2. PURPOSE. It is the purpose of this Act to establish a program to develop and expand the use of high quality curriculum-based learning resources using state-of-the-art technologies and techniques which are or can be designed to increase the achievement levels of students in subject areas including mathematics, science, geography, history and language arts. SEC. 3. ACHIEVEMENT GRANTS. (a) Competitive Grants.-- (1) In general.--The Secretary shall award grants, on a competitive basis, to eligible consortia to enable such eligible consortia to develop instructional programs or technology-based systems for complete courses or units of study for a specific subject and grade level, if such programs or systems are commercially unavailable in the local area served by such eligible consortia. (2) Eligible consortium.--For the purpose of this section the term ``eligible consortium'' means a consortium consisting of-- (A) State or local educational agencies in partnership with businesses; and (B) institutions of higher education or other public or private nonprofit organizations. (b) Priority.--In awarding grants under this section, the Secretary shall give priority to applications describing programs or systems that are developed-- (1) so that the program or system may be adapted and applied nationally; and (2) to raise the achievement levels of students, particularly disadvantaged students who are not realizing their potential. (c) Duration and Amount.--Each grant made under this section shall be awarded for a period not to exceed 3 years and in an amount not to exceed $3,000,000. (d) Matching Requirement.--The Secretary may not make a grant to an eligible consortium under subsection (a) unless the eligible consortium agrees that, with respect to the costs to be incurred by the eligible consortium in carrying out the program or system for which the grant was awarded, the eligible consortium will make available (from private sources) non-Federal contributions in an amount not less than 25 percent of the Federal funds provided under the grant. (e) Application.-- (1) In general.--Each consortium desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may prescribe. (2) Contents.--Each application submitted pursuant to paragraph (1) shall include-- (A) a description of how the program or system shall improve the achievement levels of students; (B) a description of how teachers associated with the program or system will be trained to integrate technology into the classroom; and (C) an assurance that the program or system shall effectively serve a large number or percentage of economically disadvantaged students. (f) Criteria for Awarding Grants.--In awarding a grant under this section to develop a program or system, the Secretary shall consider the appropriateness and quality of the following elements of the program or system: (1) Identification of specific learning objectives and strategies of the proposed course or unit of study, that take into consideration the national education standards for various disciplines as such standards are developed. (2) Incorporation in creative ways of a variety of technology-based learning resources such as computer software, databases, films, transparencies, video and audio discs, telecommunications (including educational radio and television), and print materials. (3) Design that allows tailoring of the program or system to meet individual needs of students, particularly students at greatest risk of not reaching their educational potential. (4) Flexibility of use by teachers or local schools. (5) Methods for updating or revising information and material. (6) Programs or materials to train and guide teachers. (7) Coordination with teacher training programs. (8) Explanatory materials for students and parents. (9) Field testing and evaluation in terms of stated learning objectives. (10) Plans for pricing technology-based materials that are affordable for public schools and agencies. (11) Plans for distribution that ensure access for the poorest schools and school districts. (12) Demonstration of cost-effectiveness in relation to existing programs and to achieving stated learning objectives. SEC. 4. GRANTS TO STATES TO IMPROVE ACCESS TO TECHNOLOGY. (a) Grants Authorized.-- (1) In general.--The Secretary is authorized to award grants to States to enable States to carry out the activities described in the plan submitted pursuant to subsection (c). (2) Amount of grant.--(A) Except as provided in subparagraph (B), the Secretary shall award grants under this section to each State having a plan approved under subsection (c) in an amount which bears the same relationship to the amount reserved to carry out this section under section 9 as the amount such State received under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 bears to the amount received under such chapter by all States. (B) No State shall receive a grant pursuant to subparagraph (A) in an amount which is less than $100,000. (b) Use of Grant.--Grants awarded under this section shall be used to-- (1) identify schools or school districts which have a large number of educationally disadvantaged students and limited access to technology-based learning resources; and (2) develop jointly, with local education agencies or individual schools, strategies to improve the accessibility and use of technology-based learning resources, including specific plans for-- (A) training of teachers and school personnel; (B) acquisition of hardware or software, if such acquisition presents a major barrier for accessibility to participation in the activities assisted under this section; and (C) partnership arrangements with businesses, institutions of higher education, or other public or private nonprofit organizations. (c) Plan.-- (1) In general.--Each State desiring a grant under this section shall submit to the Secretary a plan at such time, in such manner and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each plan submitted pursuant to paragraph (1) shall-- (A) describe the activities and services for which assistance is sought; (B) indicate how such State shall identify schools in need of the assistance provided under this section; (C) include a strategy for providing such assistance; and (D) contain assurances that such grant funds shall be focused on schools with a large percentage of educationally disadvantaged students. SEC. 5. FEDERAL INTERAGENCY COORDINATION. The Secretary shall coordinate and share information regarding curriculum-based educational technology programs assisted under this Act with other Federal agencies which administer programs that support the development of such programs, including the National Science Foundation, the Department of Defense, the Office of Technology Assessment, the Department of Energy, and the Department of Agriculture. SEC. 6. CONSUMER REPORT. The Secretary shall collect information about products developed pursuant to provisions of this Act and the evaluation of such products, and shall disseminate such information in regular reports to State and local educational agencies, and other organizations or individuals as the Secretary determines to be appropriate. SEC. 7. ROYALTIES. Notwithstanding any other provision of law, any royalties paid to any State or local educational agency as a result of assistance provided under this Act shall be used by such agency for further development of curriculum-based learning resources authorized by this Act. SEC. 8. DEFINITIONS. As used in this Act-- (1) the terms ``institution of higher education'' and ``local educational agency'' have the same meanings given such terms by subsections (a) and (g), respectively, of section 1201 of the Higher Education Act of 1965 (20 U.S.C. 1141); and (2) the term ``Secretary'', unless otherwise specified, means the Secretary of Education. SEC. 9. AUTHORIZATION OF FUNDS. For the purpose of carrying out this Act, there are authorized to be appropriated $90,000,000 for the fiscal year 1994 and such sums as may be necessary for each of the 4 succeeding fiscal years, of which-- (1) 50 percent of such funds shall be available in each such fiscal year to award grants pursuant to section 3; and (2) 50 percent of such funds shall be available in each such fiscal year to award grants pursuant to section 4.", "summary": "Technology for the Classroom Act of 1993 - Directs the Secretary of Education to award competitive grants to eligible consortia to develop instructional programs and technology-based systems for complete courses or units of study for a specific subject and grade level, if these are commercially unavailable locally. Requires that an eligible consortium consist of: (1) State or local educational agencies in partnership with businesses; and (2) institutions of higher education or other public or private nonprofit organizations. Requires priority to be given to applications describing programs that are developed: (1) so that the program may be adapted and applied nationally; and (2) to raise the achievement levels of students, particularly disadvantaged students who are not realizing their potential. Authorizes the Secretary to award grants to: (1) identify schools or school districts which have a large number of educationally disadvantaged students and limited access to technology-based learning resources; and (2) develop jointly, with local educational agencies or individual schools, strategies to improve accessibility and use of technology-based learning resources, including specific plans for teacher and school personnel training, hardware or software acquisition (if this is a major barrier to accessibility), and partnership arrangements with businesses, institutions of higher education, and other public or private nonprofit organizations. Sets forth State plan requirements. Directs the Secretary to: (1) coordinate and share information regarding these curriculum-based educational technology programs with other Federal agencies; and (2) collect and disseminate information about such developed products and their evaluation. Requires that any royalties paid to any State or local educational agency as a result of assistance provided under this Act be used for further development of curriculum-based learning resources authorized by this Act. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Frontline Medical Education Act''. SEC. 2. INCLUDING SERVICES OF INTERNS AND RESIDENTS AT ANY FEDERALLY- QUALIFIED HEALTH CENTER UNDER ANY PROGRAM PAID FOR BY A HOSPITAL IN DETERMINING MEDICARE PAYMENTS FOR GRADUATE MEDICAL EDUCATION. (a) Payment for Direct Costs of Graduate Medical Education.-- Section 1886(h)(4)(E) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(E)) is amended by striking ``setting.'' and inserting the following: ``setting (or, in the case of activities performed at an Federally-qualified health center described in section 1861(aa)(4), if the hospital incurs any of the costs for the training program at such center and reimburses the center for any of the costs of the program that the center incurs).''. (b) Payment for Indirect Costs of Graduate Medical Education.-- Section 1886(d)(5)(B)(iv) of such Act (42 U.S.C. 1395ww(d)(5)(B)(iv)), as amended by section 13506 of the Omnibus Budget Reconciliation Act of 1993, is amended-- (1) by striking ``entity receiving a grant'' and all that follows through ``control of the hospital'' and inserting ``Federally-qualified health center described in section 1861(aa)(4)''; (2) by striking ``all, or substantially all, of the costs'' and inserting ``any of the costs''; and (3) by striking ``residents)'' and inserting ``residents and reimburses the center for any of the costs of the program that the center incurs)''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to services furnished during cost reporting periods beginning on or after October 1, 1994. SEC. 3. MEDICARE PAYMENT FOR DIRECT MEDICAL EDUCATION COSTS OF FEDERALLY-QUALIFIED HEALTH CENTERS. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by inserting after section 1889 the following new section: ``graduate medical education payments for federally-qualified health centers ``Sec. 1890. (a) In General.--Notwithstanding any other provision of this title, in the case of any Federally-qualified health center that participates in an approved medical residency training program, in addition to any other payments that may be made to the center under this title, the Secretary shall provide for payment to the center for direct graduate medical education costs in accordance with subsection (b). ``(b) Determination of Amount of Payment.-- ``(1) In general.--Subject to paragraph (4), the amount of payment made to a Federally-qualified health center under this section for direct medical education for a fiscal year is equal to the product of-- ``(A) the aggregate approved amount (as defined in paragraph (2)) for the year; and ``(B) the center's medicare patient load (as defined in subsection (d)(2)) for the year. ``(2) Aggregate approved amount.--In paragraph (1), the term `aggregate approved amount' means, for a fiscal year, the product of-- ``(A) the approved FTE resident amount (determined under paragraph (3)) for the year; and ``(B) the weighted average number of full-time equivalent residents (as determined by the Secretary in a manner similar to the manner used to determine the number of such residents under section 1886(h)(4)) providing services for the center under the approved medical residency training program in which the center participates during the year. ``(3) Determination of approved fte resident amount.-- ``(A) In general.--For each approved medical residency training program, the Secretary shall determine an approved FTE resident amount for each fiscal year (beginning with fiscal year 1995) equal to 250 percent of the national average salary for the year (as defined in subparagraph (B)(ii)). ``(B) Determination of national average salary.-- ``(i) Determination of base amount.--The Secretary shall determine a base salary amount equal to the Secretary's estimate (using the most recent available audited cost reports) of the national average salary, including fringe benefits, for a full-time-equivalent resident in an approved medical residency training program during fiscal year 1990, increased (in a compounded manner) by the sum of the estimated percentage changes in the consumer price index during the 12-month periods between the midpoint of fiscal year 1990 and the midpoint of fiscal year 1994. ``(ii) National average salary defined.--In this paragraph, the `national average salary' for a fiscal year is equal to-- ``(I) for fiscal year 1995, the base amount determined under clause (i) updated through the midpoint of the year by projecting the estimated percentage change in the consumer price index during the 12-month period ending at that midpoint (with appropriate adjustments to reflect previous under- or over-estimations under this subparagraph in the projected percentage change in the consumer price index); and ``(II) for a subsequent fiscal year, the amount determined under this clause for the previous fiscal year updated through the midpoint of the year by projecting the estimated percentage change in the consumer price index during the 12-month period ending at that midpoint (with appropriate adjustments to reflect previous under- or over-estimations under this subparagraph in the projected percentage change in the consumer price index). ``(4) Offset for reimbursement received directly through hospitals.--The amount of payment made to a Federally-qualified health center under this subsection with respect to costs incurred by the center shall be reduced by the amount of any payment received by the center from a hospital under section 1886(d)(5)(B)(iv) or section 1886(h)(4)(E) as reimbursement for such costs. ``(c) Allocation of Payments Among Trust Funds.--In providing for payments under this section, the Secretary shall provide for an allocation of such payments between part A and part B (and the trust funds established under the respective parts) as reasonably reflects the proportion of direct graduate medical costs of Federally-qualified health centers associated with the provision of services under each respective part. ``(d) Definitions.--In this section: ``(1) The terms `approved medical residency training program', `consumer price index', `direct graduate medical education costs', and `resident' have the meaning given such terms under section 1886(h)(5). ``(2) The term `Federally-qualified health center' has the meaning given such term under section 1861(aa)(4). ``(3) The term `medicare patient load' means, with respect to a Federally-qualified health center for a year, the fraction of the center's services during the year which are attributable to individuals entitled to benefits under this title (based on such measure of services as the Secretary determines to be appropriate for purposes of this section).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to services furnished during cost reporting periods beginning on or after October 1, 1994. SEC. 4. REPEAL OF APPLICATION OF PRODUCTIVITY SCREENS FOR CENTERS RECEIVING PAYMENTS FOR MEDICAL EDUCATION. Section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)) is amended by adding at the end the following new paragraph: ``(8)(A) In the case of a Federally-qualified health center receiving any medical education payment described in subparagraph (B) during a cost reporting period, the Secretary shall waive the application of any screening guideline used to determine the productivity of practitioners providing services at the center for purposes of paragraph (3) or (4). ``(B) A medical education payment described in this subparagraph is a payment made to a Federally-qualified health center-- ``(i) by a hospital as reimbursement to the center for medical education costs, as described in section 1886(d)(5)(B)(iv) or section 1886(h)(4)(E); or ``(ii) by the Secretary under section 1890.''.", "summary": "Frontline Medical Education Act - Amends title XVIII (Medicare) of the Social Security Act with respect to: (1) services of interns and residents at federally-qualified health centers and Medicare payments for graduate medical education; (2) Medicare payment for direct graduate medical education costs of such centers; and (3) waiver of the application of productivity screens for such centers receiving medical education payments."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Acquisition Savings Reform Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Use of reverse auction methods. Sec. 4. Federal Strategic Sourcing Initiative. Sec. 5. Savings through leveraging the Federal Government's purchasing power. Sec. 6. Governmentwide contract vehicles. Sec. 7. Streamlining of contract closeouts. Sec. 8. Affordability as a requirement for certain acquisition plans. Sec. 9. Cost efficiency objectives for service contracts. Sec. 10. Establishing governmentwide acquisition savings criteria. Sec. 11. Office of Management and Budget savings requirements. Sec. 12. Expedited payment to small business. SEC. 2. DEFINITIONS. In this Act: (1) Approved business case.--The term ``approved business case'' means a business case approved by the senior procurement executive of an executive agency. (2) Acquisition.--The term ``acquisition'' has the meaning given the term in section 131 of title 41, United States Code. (3) Commercial item.--The term ``commercial item'' has the meaning given the term in section 103 of title 41, United States Code. (4) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. (5) Federal acquisition regulation.--The term ``Federal Acquisition Regulation'' means the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code. (6) Federal acquisition regulatory council.--The term ``Federal Acquisition Regulatory Council'' means the Federal Acquisition Regulatory Council established under section 1302(a) of title 41, United States Code. (7) Federal strategic sourcing vehicles (fssvs).--The term ``Federal Strategic Sourcing Vehicles'' means a kind of governmentwide interagency acquisition contract or agreement designated by the Office of Management and Budget to leverage the Federal Government's buying power and save taxpayers money. (8) Interagency contract.--The term ``interagency contract''-- (A) includes-- (i) governmentwide acquisition contracts as defined in Federal Acquisition Regulation part 2.101; (ii) multi-agency contracts as defined in Federal Acquisition Regulation part 2.101; (iii) Federal Supply Schedule contracts; and (iv) franchise funds; and (B) does not include contracts entered into under the authority of section 1535 of title 31, United States Code. (9) Procurement.--The term ``procurement'' has the meaning given the term in section 111 of title 41, United States Code. SEC. 3. USE OF REVERSE AUCTION METHODS. Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require the heads of executive agencies, to the extent possible, to use online reverse auction, or an equivalent method, in the procurement of commercial items above the simplified acquisition threshold whenever doing so would be expected to result in savings to the agencies. The regulatory guidance shall address the circumstances in which use of reverse auctions is appropriate, and shall direct agencies, in deciding whether to use auctions or an equivalent method, to consider the dollar volume of the acquisition and potential to streamline the procurement for the agency and vendors. SEC. 4. FEDERAL STRATEGIC SOURCING INITIATIVE. (a) Consideration in Acquisition Planning Process.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require the consideration of Federal Strategic Sourcing Vehicles in the acquisition planning process, by including a listing of Federal Strategic Sourcing Vehicles in the ``Priorities for use of Government supply sources'' for Supplies and Services. The Office of Management and Budget shall maintain a website with the current list of Federal Strategic Sourcing Vehicles. The Supplies priority shall be after the priority for wholesale supply services. The Services priority shall be after services which are on the Procurement List maintained by the Committee for Purchase From People Who are Blind or Severely Disabled. The Federal Acquisition Regulation shall be amended to authorize purchases from other than from Federal Strategic Sourcing Vehicles, provided that consideration is given to its use in the acquisition planning process. The plan will be documented to acknowledge why usage of other than Federal Strategic Sourcing Vehicles is warranted. The acknowledgment shall indicate that such action is judged to be in the best interest of the Federal Government in terms of the combination quality, timeliness, and cost that best meets the requirement. Cost comparisons shall include the administrative cost of the acquisition. Unusual and compelling urgency as prescribed in the Federal Acquisition Regulation shall also be an authorized reason from deviating from the Federal Strategic Sourcing Vehicles. (b) Maximization of Small Business and Other Socioeconomic Categories in Federal Strategic Sourcing Vehicles.--The Administrator for Federal Procurement Policy shall issue policy maximizing the participation of small business and other socioeconomic categories such as service-disabled veteran-owned small business in these Federal Strategic Sourcing Vehicles. Agencies shall also be credited towards their small business goals when awarding to small business Federal Strategic Sourcing Vehicle contract holders. (c) Identification of Designated Federal Strategic Source Vehicles.--The Office of Management and Budget shall identify on its website a list of all Federal Strategic Source Vehicle contracts and agreements and awardees. (d) Inclusion of Information Technology Purchases and Services in Initiative.-- (1) Data collection.--The Director of the Office of Management and Budget shall prescribe regulations requiring Chief Information Officers and Chief Acquisition Officers of executive agencies to develop and gather such data on information technology purchases and service acquisitions by North American Industrial Classification codes. (2) Annual report.--The regulations prescribed under this subsection shall require the head of each executive agency to submit to the Director of Office of Management and Budget an annual report through fiscal year 2016 including the data collected under paragraph (1) and a plan for the strategic sourcing of information technology purchases and common commercial services. The plan shall include specific milestones, measurable savings, and evaluation criteria. (e) Reporting.--The head of each executive agency shall submit to the Director of the Office of Management and Budget an annual report for each of fiscal years 2013 through 2016, estimating the amount of savings achieved through the usage of Federal Strategic Sourcing Vehicles and through other measurable acquisition savings methods approved by the Administrator for Federal Procurement Policy. The report shall also specify by each Federal Strategic Sourcing Vehicle commodity what guidance the agency has issued to employees instructing them to procure goods or services through the Federal Strategic Sourcing Vehicle. If the agency has not issued such guidance to their employees, the agency shall submit an explanation. SEC. 5. SAVINGS THROUGH LEVERAGING THE FEDERAL GOVERNMENT'S PURCHASING POWER. Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall develop a plan to achieve not less than $1,000,000,000 in measurable savings through Federal Strategic Sourcing Vehicles for fiscal years 2013 through 2016. The plan shall include an annual scorecard measuring the success of each executive agency in achieving savings. SEC. 6. GOVERNMENTWIDE CONTRACT VEHICLES. Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that-- (1) where an agency is unable to satisfy the requirements from a mandatory source, agencies are strongly encouraged to utilize Federal Supply Schedules, governmentwide acquisition contracts, multi-agency contracts, and any other procurement instruments intended for use by multiple agencies, including blanket purchase agreements (BPAs) under Federal Supply Schedule contracts absent a written justification that the governmentwide contract is not in the best interest of the Federal Government; (2) agencies shall promote acquisition strategies utilizing these vehicles to maximize participation of small businesses and other socioeconomic categories, including set-asides of acquisitions under these vehicles; and (3) contracting officers shall be encouraged by agency guidance to maximize competition under these vehicles to the maximum amount practicable with the goal of achieving the best value to the Federal Government. SEC. 7. STREAMLINING OF CONTRACT CLOSEOUTS. (a) Authority To Waive Contract Closeout Audits.-- (1) Authority.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide contracting officers the authority to waive contract closeout audits above the simplified acquisition purchase threshold based on risk assessments. Factors upon which an assessment of low risk may include time and material contracts, low dollar cost type contracts, and contractors with approved business systems, strong internal controls, and good past performance ratings. (2) Guidance.--Not later than 270 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in collaboration with the Director of the Defense Procurement and Acquisition Policy, shall issue guidance for assisting contracting officials in determining when waivers of contract closeout audits pursuant to paragraph (1) are appropriate. (3) Use of abilityone program.--Where practicable, and in accordance with the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.) as administered by the Committee For Purchase From People Who Are Blind or Severely Disabled, utilize the AbilityOne Program to accomplish non-inherently governmental tasks associated with contract or grant close-out in those cases where a Federal agency utilizes contractor support for close- out functions. (b) Firm-Fixed Contracts.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that, on firm-fixed contracts-- (1) contractors shall submit a final invoice within 60 days of Federal Government acceptance or relinquish payment unless exempted by the contracting officer; (2) the contracting officer may-- (A) close a contract without a final invoice if the amount due is less than $1,000 and less than 10 percent of the contract value; and (B) unilaterally deobligate any unliquidated obligations remaining on the contract; and (3) such contracts may be closed with missing contract documentation if no additional product or service will be received by the Federal Government and there are no outstanding administrative actions. (c) Authority To Write Off Unreconciled Balances for Low-Risk Contracts.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide contracting officers, with approval one level above the contracting officer concerned, the authority to write off unreconciled balances on low-risk contracts in cases in which-- (1) all administrative actions are complete, including final payment to the contractor unless exempted under subsection (b)(1); and (2) a written notice of the action has been sent to the payment office responsible for the contract. (d) Authority To Grant Exemptions.--The regulations promulgated under this section shall permit the head of contracting activity to grant exemptions to the requirements under this section, with the exemptions included in the contract file. (e) Contracting Officer Defined.--In this section, the term ``contracting officer'' includes procuring and administrative contracting officers. SEC. 8. AFFORDABILITY AS A REQUIREMENT FOR CERTAIN ACQUISITION PLANS. (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require heads of executive agencies to mandate that affordability be included as a requirement for major systems, research and development, construction and architect- engineering acquisitions prior to the approval of any acquisition plan exceeding $100,000,000. (b) Affordability Defined.--In this section, the term ``affordability'' refers to conducting an acquisition program at a cost constrained by the maximum resources that an executive agency can allocate for a particular capability. SEC. 9. COST EFFICIENCY OBJECTIVES FOR SERVICE CONTRACTS. Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require service contracts valued at more than $100,000,000 include provisions to achieve productivity improvements and cost efficiencies. The regulation shall permit the head of contracting activity to grant exceptions to this requirement which shall be included in the contract file. SEC. 10. ESTABLISHING GOVERNMENTWIDE ACQUISITION SAVINGS CRITERIA. The Administrator for Federal Procurement Policy, in collaboration with the Director of the Defense Procurement and Acquisition Policy, shall establish at least one year from enactment a methodology to track and monitor progress made by executive agencies in achieving measurable acquisition savings. Measurable acquisition savings should include price reductions and cost savings through reduced acquisition costs such as administrative costs. SEC. 11. OFFICE OF MANAGEMENT AND BUDGET SAVINGS REQUIREMENTS. (a) Plan for Reduced Use of Time and Materials Contracts.--Not later than 270 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in coordination with the Administrator of General Services and the Secretary of Defense, shall develop a plan for reducing the use of time and materials and labor hour contracts, including for orders under indefinite delivery/ indefinite quantity contracts. (b) Report on Spending on Management Support Service Contracts.-- Not later than one year after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in collaboration with the Director of the Defense Procurement and Acquisition Policy, shall submit to Congress a report on reduced spending on management support service contracts. SEC. 12. EXPEDITED PAYMENT TO SMALL BUSINESS. Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to reflect that governmentwide policy is to assist small business concerns by paying them as quickly as possible after invoices and all proper documentation, including acceptance, are received and before normal payment due dates established in the contract.", "summary": "Acquisition Savings Reform Act of 2011 - Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR) to revise certain federal acquisition practices and procedures, including by: (1) requiring executive agency heads to use online reverse auction, or an equivalent method, in the procurement of commercial items above the simplified acquisition threshold; (2) requiring the consideration of Federal Strategic Sourcing Vehicles (defined as a kind of government-wide interagency acquisition contract or agreement to leverage the federal government's buying power) in the acquisition planning process; (3) authorizing contracting officers to waive contract closeout audits above the simplified acquisition purchase threshold based on risk assessments and to write off unreconciled balances on low risk contracts; (4) requiring executive agency heads to mandate that affordability be included as a requirement for major systems, research and development, and construction and architect-engineering acquisitions, prior to the approval of any acquisition plan exceeding $100 million; (5) requiring service contracts valued at more than $100 million to include provisions to achieve productivity improvements and cost efficiencies; and (6) assisting small businesses by paying their invoices as quickly as possible and before normal payment due dates established by contract. Requires the Administrator for Federal Procurement Policy to develop a plan for reducing the use of time and materials and labor hour contracts. Requires the Director of the Office of Management and Budget (OMB) to: (1) identify on the OMB website a list of all Federal Strategic Source Vehicle contracts and agreements and awardees, and (2) develop a plan to achieve not less than $1 billion in measurable savings through Federal Strategic Sourcing Vehicles for FY2013-FY2016."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Biodiesel Energy Development Act of 1997''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ALTERNATIVE FUELS--GENERAL Sec. 101. Definitions. Sec. 102. Amendments to the Energy Policy and Conservation Act. Sec. 103. Minimum Federal fleet requirement. TITLE II--ALTERNATIVE FUELS--NON-FEDERAL PROGRAMS Sec. 201. State and local incentives programs. Sec. 202. Alternative fuel bus program. Sec. 203. Alternative fuel use in nonroad vehicles, engines, and marine vessels. TITLE III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE FUELS, AND ALTERNATIVE FUELED VEHICLES Sec. 301. Mandate for alternative fuel providers. Sec. 302. Replacement fuel supply and demand program. Sec. 303. Modification of goals; additional rulemaking authority. Sec. 304. Fleet requirement program. Sec. 305. Credits. Sec. 306. Secretary's recommendation to Congress. TITLE I--ALTERNATIVE FUELS--GENERAL SEC. 101. DEFINITIONS. Section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211) is amended-- (1) in paragraph (2), by striking ``derived from biological materials'' and inserting ``derived from domestically produced renewable biological materials (including biodiesel) at mixtures not less than 20 percent by volume''; (2) in paragraph (8), by striking subparagraph (B) and inserting the following: ``(B) a motor vehicle (other than an automobile) or marine vessel that is capable of operating on alternative fuel, gasoline, or diesel fuel, or an approved blend of alternative fuel and petroleum-based fuel.''; (3) by redesignating paragraphs (11) through (14) as paragraphs (12), (14), (15), and (16), respectively; (4) by inserting after paragraph (10) the following: ``(11) the term `heavy duty motor vehicle' means a motor vehicle or marine vessel that is greater than 8,500 pounds gross vehicle weight rating;''; (5) by inserting after paragraph (12) (as redesignated by paragraph (3)) the following: ``(13) the term `marine vessel' means a motorized watercraft or other artificial contrivance used as a means of transportation primarily on the navigable waters of the United States;''; (6) in paragraph (15) (as redesignated by paragraph (3)), by striking ``biological materials'' and inserting ``domestically produced renewable biological materials (including biodiesel)''. SEC. 102. AMENDMENTS TO THE ENERGY POLICY AND CONSERVATION ACT. Section 400AA of the Energy Policy and Conservation Act (42 U.S.C. 6374) is amended-- (1) in the second sentence of subsection (a)(3)(B), by striking ``vehicles converted to use alternative fuels may be acquired if, after conversion,'' and inserting ``existing fleet vehicles may be converted to use alternative fuels at the time of a major vehicle overhaul or rebuild, or vehicles that have been converted to use alternative fuels may be acquired, if''; and (2) in subsection (g)-- (A) in paragraph (2), by striking ``derived from biological materials'' and inserting ``derived from domestically produced renewable biological materials (including biodiesel) at mixtures not less than 20 percent by volume''; (B) in paragraph (5), by striking subparagraph (B) and inserting the following: ``(B) a motor vehicle (other than an automobile) or marine vessel that is capable of operating on alternative fuel, gasoline, or diesel fuel, or an approved blend of alternative fuel and petroleum-based fuel; and''; and (C) in paragraph (6), by inserting ``or marine vessel'' [Same questions as above.] after ``a vehicle''. SEC. 103. MINIMUM FEDERAL FLEET REQUIREMENT. Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is amended-- (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2) by inserting after subsection (b) the following: ``(c) Heavy Duty and Dual-Fueled Vehicle Compliance Credits.-- ``(1) In general.--For purposes of meeting the requirements of this section, the Secretary, in consultation with the Administrator of General Services, if appropriate, shall permit a Federal fleet to acquire 1 heavy duty alternative fueled vehicle in place of 2 light duty alternative fueled vehicles. ``(2) Additional credits.--For purposes of this section, the Secretary, in consultation with the Administrator of General Services, if appropriate, shall permit a Federal fleet to take an additional credit for the purchase and documented use of alternative fuel used in a dual-fueled vehicle, comparable conventionally-fueled motor vehicle, or marine vessel. ``(3) Accounting.-- ``(A) In general.--In allowing a credit for the purchase of a dual-fueled vehicle or alternative fuel, the Secretary may request a Federal agency to provide an accounting of the purchase. ``(B) Guidelines.--The Secretary shall include any request made under subparagraph (A) in the guidelines required under section 308. ``(4) Fuel and vehicle neutrality.--The Secretary shall carry out this subsection in a manner that is, to the maximum extent practicable, neutral with respect to the type of fuel and vehicle used.''. TITLE II--ALTERNATIVE FUELS--NON-FEDERAL PROGRAMS SEC. 201. STATE AND LOCAL INCENTIVES PROGRAMS. (a) Establishment of Program.--Section 409(a) of the Energy Policy Act of 1992 (42 U.S.C. 13235(a)) is amended-- (1) in paragraph (2)(A), by striking ``alternative fueled vehicles'' and inserting ``light and heavy duty alternative fueled vehicles and increasing the use of alternative fuels''; and (2) in paragraph (3)-- (A) in subparagraph (B), by inserting after ``introduction of'' the following: ``converted or acquired light and heavy duty''; (B) in subparagraph (E), by inserting after ``of sales of'' the following: ``, incentives toward use of, and reporting requirements relating to''; and (C) in subparagraph (G)-- (i) by redesignating clauses (i) through (iii) as clauses (ii) through (iv), respectively; and (ii) by inserting after ``cost of--'' the following: ``(i) alternative fuels;''. (b) Federal Assistance to States.--Section 409(b) of the Energy Policy Act of 1992 (42 U.S.C. 13235(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) grants of Federal financial assistance for the incremental purchase cost of alternative fuels.''; (2) in paragraph (2)(B), by inserting after ``be introduced'' the following: ``and the volume of alternative fuel likely to be consumed''; and (3) in paragraph (3)-- (A) by inserting ``alternative fuels and'' after ``in procuring''; and (B) by inserting ``fuels and'' after ``of such''. (c) General Provisions.--Section 409(c)(2)(A) of the Energy Policy Act of 1992 (42 U.S.C. 13235(c)(2)(A)) is amended by inserting after ``alternative fueled vehicles in use'' the following: ``and volume of alternative fuel consumed''. SEC. 202. ALTERNATIVE FUEL BUS PROGRAM. Section 410(c) of the Energy Policy Act of 1992 (42 U.S.C. 13236(c)) is amended in the second sentence by striking ``and the conversion of school buses to dedicated vehicles'' and inserting ``the incremental cost of alternative fuels used in flexible fueled school buses, and the conversion of school buses to alternative fueled vehicles''. SEC. 203. ALTERNATIVE FUEL USE IN NONROAD VEHICLES, ENGINES, AND MARINE VESSELS. Section 412 of the Energy Policy Act of 1992 (42 U.S.C. 13238) is amended-- (1) in the section heading, by striking ``and engines'' and inserting ``, engines, and marine vessels''; (2) by striking ``vehicles and engines'' each place it appears in subsections (a) and (b) and inserting ``vehicles, engines, and marine vessels''; (3) in subsection (a)-- (A) in the subsection heading, by striking ``Nonroad Vehicles and Engines'' and inserting ``In General''; (B) in paragraph (1)-- (i) in the first sentence, by striking ``a study'' and inserting ``studies''; and (ii) in the second sentence-- (I) by striking ``study'' and inserting ``studies''; and (II) by striking ``2 years'' and inserting ``2, 6, and 10 years''; (C) in paragraph (2)-- (i) by striking ``study'' each place it appears and inserting ``studies''; and (ii) in the second sentence, by inserting ``or marine vessels'' after ``such vehicles''; and (D) in paragraph (3)-- (i) by striking ``report'' and inserting ``reports''; and (ii) by striking ``may'' and inserting ``shall''; and (4) in subsection (b)-- (A) in the subsection heading, by striking ``and Engines'' and inserting ``, Engines, and Marine Vessels''; and (B) by striking ``rail transportation, vehicles used at airports, vehicles or engines used for marine purposes, and other vehicles or engines'' and inserting ``rail and waterway transportation, vehicles used at airports and seaports, vehicles or engines used for marine purposes, marine vessels, and other vehicles, engines, or marine vessels''. TITLE III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE FUELS, AND ALTERNATIVE FUELED VEHICLES SEC. 301. MANDATE FOR ALTERNATIVE FUEL PROVIDERS. Section 501 of the Energy Policy Act of 1992 (42 U.S.C. 13251) is amended-- (1) in subsection (a)(1), by inserting ``or heavy'' after ``new light''; and (2) in subsection (b)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) allow the conversion of an existing fleet vehicle into a dual-fueled alternative fueled vehicle at the time of a major overhaul or rebuild of the vehicle, if the original equipment manufacturer's warranty continues to apply to the vehicle, pursuant to an agreement between the original equipment manufacturer and the person performing the conversion.''. SEC. 302. REPLACEMENT FUEL SUPPLY AND DEMAND PROGRAM. Section 502 of the Energy Policy Act of 1992 (42 U.S.C. 13252) is amended-- (1) in the first sentence of subsection (a), by inserting ``and heavy'' after ``in light''; and (2) in the first sentence of subsection (b), by inserting after ``October 1, 1993,'' the following: ``and every 5 years thereafter through October 1, 2008,''. SEC. 303. MODIFICATION OF GOALS; ADDITIONAL RULEMAKING AUTHORITY. Section 504 of the Energy Policy Act of 1992 (42 U.S.C. 13254) is amended-- (1) in the first sentence of subsection (a), by striking ``and periodically thereafter'' and inserting ``consistent with the reporting requirements of section 502(b)''; and (2) in subsection (c), by inserting after the first sentence the following: ``Any additional regulation issued by the Secretary shall be, to the maximum extent practicable, neutral with respect to the type of fuel and vehicle used.''. SEC. 304. FLEET REQUIREMENT PROGRAM. (a) Fleet Program Purchase Goals.--Section 507(a)(1) of the Energy Policy Act of 1992 (42 U.S.C. 13257(a)(1)) is amended by inserting ``acquired as, or converted into,'' after ``shall be''. (b) Fleet Requirement Program.--Section 507(g) of the Energy Policy Act of 1992 (42 U.S.C. 13257(g)) is amended-- (1) in paragraph (1), by inserting ``acquired as, or converted into,'' after ``shall be''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) Substitutions.--The Secretary shall, by rule, permit fleets covered under this section to substitute the acquisition or conversion of 1 heavy duty alternative fueled vehicle for 2 light duty vehicle acquisitions to meet the requirements of this subsection.''. (c) Conversions.--Section 507(j) of the Energy Policy Act of 1992 (42 U.S.C. 13257(j)) is amended-- (1) by striking ``Nothing in'' and inserting the following: ``(1) In general.--Subject to paragraph (2), nothing in''; and (2) by adding at the end the following: ``(2) Conversion into alternative fueled vehicles.-- ``(A) In general.--A fleet owner shall be permitted to convert an existing fleet vehicle into an alternative fueled vehicle, and purchase the alternative fuel for the converted vehicle, for the purpose of compliance with this title or an amendment made by this title, if the original equipment manufacturer's warranty continues to apply to the vehicle, pursuant to an agreement between the original equipment manufacturer and the person performing the conversion. ``(B) Credits.--A fleet owner shall be allowed a credit for the conversion of an existing fleet vehicle and the purchase of alternative fuel for the vehicle.''. (d) Mandatory State Fleet Programs.--Section 507(o) of the Energy Policy Act of 1992 (42 U.S.C. 13257(o)) is amended-- (1) in paragraph (1)-- (A) by inserting ``or heavy'' after ``new light''; and (B) by inserting ``or converted'' after ``acquired''; and (2) in the first sentence of paragraph (2)(A)-- (A) by striking ``this Act'' and inserting ``the Biodiesel Energy Development Act of 1997''; and (B) by inserting after ``of light'' the following: ``or heavy duty alternative fueled''. SEC. 305. CREDITS. (a) In General.--Section 508(a) of the Energy Policy Act of 1992 (42 U.S.C. 13258(a)) is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) Additional alternative fueled vehicles.--The Secretary''; and (2) by adding at the end the following: ``(2) Alternative fuel.--The Secretary shall allocate a credit to a fleet or covered person that acquires a volume of alternative fuel equal to the estimated need for 1 year for any dual-fueled vehicle acquired or converted by the fleet or covered person as required under this title.''. (b) Allocation.--Section 508(b) of the Energy Policy Act of 1992 (42 U.S.C. 13258(b)) is amended-- (1) by striking ``In allocating credits under subsection (a),'' and inserting the following: ``(1) Additional alternative fueled vehicles.--In allocating credits under subsection (a)(1),''; and (2) by adding at the end the following: ``(2) Dual-fueled vehicles; alternative fuel.--In allocating credits under subsection (a)(2), the Secretary shall allocate 2 credits to a fleet or covered person for acquiring or converting a dual-fueled vehicle and acquiring a volume of alternative fuel equal to the estimated need for 1 year for any dual-fueled vehicle if the dual-fueled vehicle acquired is in excess of the number that the fleet or covered person is required to acquire or is acquired before the date that the fleet or covered person is required to acquire the number under this title.''. SEC. 306. SECRETARY'S RECOMMENDATION TO CONGRESS. Section 509(a) of the Energy Policy Act of 1992 (42 U.S.C. 13259(a)) is amended-- (1) in paragraph (1), by inserting before the semicolon at the end the following: ``and exempting replacement fuels from taxes levied on non-replacement fuels''; and (2) in paragraph (2)-- (A) by inserting ``and converters'' after ``suppliers''; and (B) by inserting before the semicolon the following: ``, including the conversion and warranty of motor vehicles into alternative fueled vehicles''.", "summary": "TABLE OF CONTENTS: Title I: Alternative Fuels - General Title II: Alternative Fuels - Non-Federal Programs Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles Biodiesel Energy Development Act of 1997 - Title I: Alternative Fuels - General - Amends the Energy Policy Act of 1992 to modify definitions relating to alternative fuels, dual-fueled vehicles, heavy duty motor vehicles, and marine vessels. Amends the Energy Policy and Conservation Act with respect to alternative fuel use by light duty Federal vehicles to provide that if such vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to use alternative fuels at the time of a major vehicle overhaul or rebuild. Amends the Energy Policy Act of 1992 to require the Secretary of Energy (Secretary), if appropriate, to permit a Federal fleet to: (1) acquire one heavy duty alternative fueled vehicle in place of two light duty alternative fueled vehicles; and (2) take an additional credit for the purchase and documented use of alternative fuel used in a dual-fueled vehicle, comparable conventionally-fueled motor vehicle, or marine vessel. Title II: Alternative Fuels - Non-Federal Programs - Requires State and local alternative fuel incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative fueled vehicles in State-owned or operated motor vehicle fleets. (Sec. 201) Authorizes the Secretary to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel consumed. (Sec. 202) Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative fuels used in flexible fueled school buses and school bus conversions to alternative fueled vehicles. (Sec. 203) Requires the Secretary to study and report to Congress on alternative fuel use in marine vessels. Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles - Modifies the mandate for alternative fuel providers to include regulation of heavy duty trucks. (Sec. 301) Cites circumstances under which the Secretary may allow the conversion of an existing fleet vehicle into a dual-fueled alternative fueled vehicle at the time of a major vehicle overhaul or rebuild. (Sec. 302) Directs the Secretary to: (1) include heavy duty motor vehicles in the program to promote the development and use in light duty motor vehicles of domestic replacement fuels; and (2) review every five years a development plan and production goals for replacement fuel supply and demand. (Sec. 304) Modifies the fleet program purchase goals to require that specified percentages of new light duty motor vehicles acquired in each model year be acquired as, or converted into, alternative fueled vehicles. Modifies the fleet requirement program to direct the Secretary to permit fleets to substitute the acquisition or conversion of one heavy duty alternative fueled vehicle for two light duty vehicle acquisitions to meet program requirements. Permits a fleet owner to convert an existing fleet vehicle into an alternative fueled vehicle, and purchase the fuel for such vehicle for compliance purposes, if the original equipment manufacturer's warranty continues to apply to the vehicle. Allows a fleet owner a credit for such conversion. (Sec. 305) Instructs the Secretary to allocate a credit to a fleet or covered person that acquires a volume of alternative fuel equal to the estimated need for one year for any dual-fueled vehicle acquired or converted under this Act. Sets forth a credit allocation scheme for dual-fueled vehicles and alternative fuel. (Sec. 306) Requires the Secretary to submit to the Congress recommended requirements for exempting replacement fuels from taxes levied on non-replacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Travelers Fair Treatment Act of 2001''. SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS. Section 41712 of title 49, United States Code, is amended by adding at the end the following: ``(c) Specific Practices.--For purposes of subsection (a), the term `unfair or deceptive practice' includes each of the following: ``(1) Flight delays.--The failure of an air carrier or foreign air carrier to provide a passenger of the carrier with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary. ``(2) Termination of ticket agents.--In the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, the failure of the air carrier or foreign air carrier-- ``(A) to provide the ticket agent with written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and ``(B) to provide the ticket agent with at least 60 days to correct any deficiency claimed in the written notice, except in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.''. SEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS. Section 41713(b)(1) of title 49, United States Code, is amended by striking ``related to a price, route, or service of an air carrier that may provide air transportation under this subpart'' and inserting ``that directly prescribes a price, route, or level of service for air transportation provided by an air carrier under this subpart''. SEC. 4. EMERGENCY MEDICAL ASSISTANCE; RIGHT OF EGRESS. (a) In General.--Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41722. Airline passenger rights ``(a) Right to In-Flight Emergency Medical Care.-- ``(1) In general.--The Secretary of Transportation shall prescribe regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier in air transportation that is capable of carrying at least 30 passengers. ``(2) Considerations.--In prescribing regulations under paragraph (1), the Secretary shall consider-- ``(A) the weight and size of the equipment described in paragraph (1); ``(B) the need for special training of air carrier personnel to operate the equipment safely and effectively; ``(C) the space limitations of each type of aircraft; ``(D) the effect of the regulations on aircraft operations; ``(E) the practical experience of airlines in carrying and operating similar equipment; and ``(F) other relevant factors. ``(3) Consultation.--Before prescribing regulations under paragraph (1), the Secretary shall consult with the Surgeon General of the Public Health Service. ``(b) Right To Exit Aircraft.--No air carrier or foreign air carrier operating an aircraft in air transportation shall prevent or hinder (including by failing to assist) any passenger from exiting the aircraft (under the same circumstances as any member of the flight crew is permitted to exit the aircraft) if-- ``(1) the aircraft is parked at an airport terminal gate with access to ramp or other facilities through which passengers are customarily boarded and deplaned; ``(2) the aircraft has remained at the gate more than 1 hour past its scheduled departure time; and ``(3) the captain of the aircraft has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes.''. (b) Conforming Amendment.--The analysis for chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``41722. Airline passenger rights.''. SEC. 5. CONSUMER ACCESS TO INFORMATION. (a) Requirement for Program.-- (1) In general.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 44727. Air traveler safety program ``(a) In General.-- ``(1) Written information.--The Secretary of Transportation (in this section referred to as the `Secretary') shall require in regulations, for a period determined by the Secretary, that each air carrier that provides interstate air transportation or foreign air transportation to provide written information upon request, to passengers that purchase passage for interstate or foreign air transportation concerning the following: ``(A) Safety inspection reviews conducted by the Administrator of the Federal Aviation Administration (in this section referred to as the `Administrator') on the aircraft of that air carrier. ``(B) The safety ranking of that air carrier, as determined by the Administrator in accordance with applicable law. ``(C) The compliance of the members of the crew of the aircraft with any applicable certification requirements under this subtitle. ``(2) Guidelines.--The regulations issued by the Secretary under this subsection shall provide guidelines for air carriers relating to the provision of the information referred to in paragraph (1). ``(3) Request for information.--An air carrier shall be required to provide to a passenger, on request, any information concerning the safety of aircraft and the competency of persons issued a certificate under this subtitle for the operation of the aircraft that the Secretary, to the extent allowable by law, determines to be appropriate. ``(b) Submission of Performance Review.-- ``(1) In general.--Not later than December 31 of each year, the Secretary shall submit a report to Congress regarding the safety of air carriers that provide interstate or foreign air transportation. The report shall include with respect to the year in which the report is filed-- ``(A) the number of accidents and a description of such accidents of air carriers attributable to each air carrier that provides interstate or foreign air transportation; and ``(B) the names of makers of aircraft that have been involved in an accident. ``(2) Availability of information.--The Secretary shall make the annual report under paragraph (1) available to any person or entity upon request. ``(c) Victims' Rights Program.-- ``(1) In general.--The National Transportation Safety Board shall establish and administer a program for victims and survivors of aircraft accidents in air commerce. Under that program, the National Transportation Safety Board shall ensure that such victims and survivors of an accident receive, to the extent allowable by law, immediate and unrestricted access to information on the accident that is made available from-- ``(A) the air carrier involved in an accident in air commerce; ``(B) the Federal Government; and ``(C) State governments and political subdivisions thereof. ``(2) Classified information.--Nothing in paragraph (1) may be construed to authorize a release of information that is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy. ``(d) Coordination of Victim Assistance.-- ``(1) In general.--The National Transportation Safety Board, in cooperation with officials of appropriate Federal agencies and the American Red Cross, shall establish a program to ensure the coordination of the disclosure of information under subsection (c) and assistance provided to victims of an accident in air commerce. ``(2) Establishment of toll-free telephone line.-- ``(A) In general.--The National Transportation Safety Board, in cooperation with officials of the appropriate Federal agencies and the American Red Cross, shall establish a toll-free telephone line to facilitate the provision of information under paragraph (3). ``(B) Action by the national transportation safety board.--The National Transportation Safety Board shall take such action as may be necessary to ensure-- ``(i) the publication of the telephone number of the telephone line established under subparagraph (A) in newspapers of general circulation; and ``(ii) the provision of such number on national television news programs. ``(3) Information provided by telephone line.--The telephone line established under paragraph (2) shall provide the following information concerning an accident in air commerce: ``(A) The identifier name and number of the aircraft involved in the accident. ``(B) The names of known victims of the accident. ``(C) The status of the investigation of the accident. ``(D) A list of appropriate Federal agencies and contacts. ``(E) The facilities at which victims of the accident may be identified. ``(e) Civil Penalties.-- ``(1) In general.--Any air carrier that fails to provide information in accordance with this section shall be liable for a civil penalty in an amount not to exceed $100,000 per violation. ``(2) Travel agencies and other persons not covered.-- Paragraph (1) shall not apply to a travel agency or other person that does not provide interstate or foreign air transportation. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. (2) Conforming amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following new item: ``44727. Air traveler safety program.''. (b) Time for Regulations.--The Secretary of Transportation shall issue the regulations required by subsection (a) of section 44727 of title 49, United States Code (as added by subsection (a)), not later than 90 days after the date of enactment of this Act. (c) Submittal of First Annual Report.--The Secretary of Transportation shall submit the first annual report to Congress under subsection (b) of such section 44727 not later than December 31, 2001.", "summary": "Air Travelers Fair Treatment Act of 2001 - Amends Federal transportation law to make it an unfair or deceptive practice for an air carrier or foreign air carrier to fail to provide a passenger with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary.Makes it an unfair or deceptive practice for an air carrier or foreign air carrier, in the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, to fail: (1) to provide the ticket agent with written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and (2) to provide the ticket agent with at least 60 days to correct any deficiency claimed. Exempts from this rule cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.Directs the Secretary of Transportation to prescribe regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft capable of carrying at least 30 passengers.Prohibits air carriers or foreign air carriers from preventing, hindering, or failing to assist any passenger from exiting an aircraft (under the same circumstances as any flight crew member may exit) if: (1) the aircraft is parked over an hour past its scheduled departure time at an airport terminal gate with access to ramp or other boarding and deplaning facilities; and (2) the aircraft captain has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes.Directs the Secretary to require by regulations each air carrier or foreign air carrier to provide, upon request, to their passengers any information concerning the safety of the aircraft and the competency of the aircraft crew.Directs the National Transportation Safety Board to establish and administer a program for victims and survivors of aircraft accidents in which they receive immediate and unrestricted access to information with regard to such accidents. Establishes a toll-free telephone line for the public to provide specified information concerning an aircraft accident.Sets forth civil penalties for violations of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fraud Enforcement and Prevention Act of 2013''. SEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID FRAUD. (a) In General.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended-- (1) in subsection (a), by striking ``$10,000 or imprisoned for not more than one year'' and inserting ``$20,000 or imprisoned for not more than two years''; and (2) in each of subsections (a), (b)(1), (b)(2), (c), and (d), by striking ``$25,000 or imprisoned for not more than five years'' and inserting ``$50,000 or imprisoned for not more than 10 years''. (b) Illegal Distribution of Medicare or Medicaid Beneficiary Identification or Billing Privileges.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended by adding at the end the following new subsection: ``(h) Whoever knowingly purchases, sells, or unlawfully distributes, or arranges for the purchase, sale, or unlawful distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges under title XVIII or title XIX shall be imprisoned for not more than 10 years or fined under title 18, United States Code (or, if greater, an amount equal to the monetary loss to the Federal and any State government as a result of such acts), or both.''. (c) Effective Date.--The amendments made by this section shall apply to acts committed on or after the date of the enactment of this Act. SEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID FRAUD. (a) Civil Monetary Penalties Law Alignment and Other Changes.-- (1) Section 1128A(a) of the Social Security Act (42 U.S.C. 1320a-7a(a)) is amended-- (A) in paragraph (1), by striking ``to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)),''; (B) by inserting after paragraph (10), as added by section 6402(d)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148) the following new paragraphs: ``(11) conspires to commit a violation of this section; or ``(12) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to a Federal health care program, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to a Federal health care program;''; (C) in the first sentence-- (i) by striking ``or in cases under paragraph (9)'' and inserting ``in cases under paragraph (9)''; and (ii) by striking ``fact)'' and inserting ``fact), in cases under paragraph (11), $50,000 for any violation described in this section committed in furtherance of the conspiracy involved, and in cases under paragraph (12), $50,000 for each false record or statement, or concealment, avoidance, or decrease''; and (D) in the second sentence, by striking ``material fact).'' and inserting ``material fact); or in cases under paragraph (11), an assessment of not more than 3 times the total amount that would otherwise apply for any violation described in this section committed in furtherance of the conspiracy involved; or in cases under paragraph (12), an assessment of not more than 3 times the total amount of the obligation to which the false record or statement was material or that was avoided or decreased.''. (2) Section 1128A(c)(1) of the Social Security Act (42 U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and inserting ``10 years''. (3) Section 1128A(i) of the Social Security Act (42 U.S.C. 1320a-7a(i)) is amended-- (A) by amending paragraph (2) to read as follows: ``(2) The term `claim' means any application, request, or demand, whether under contract, or otherwise, for money or property for items and services under a Federal health care program (as defined in section 1128B(f)), whether or not the United States or a State agency has title to the money or property, that-- ``(A) is presented or caused to be presented to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)); or ``(B) is made to a contractor, grantee, or other recipient if the money or property is to be spent or used on the Federal health care program's behalf or to advance a Federal health care program interest, and if the Federal health care program-- ``(i) provides or has provided any portion of the money or property requested or demanded; or ``(ii) will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.''; (B) by amending paragraph (3) to read as follows: ``(3) The term `item or service' means, without limitation, any medical, social, management, administrative, or other item or service used in connection with or directly or indirectly related to a Federal health care program.''; (C) in paragraph (7)-- (i) by striking ``term `should know' means'' and inserting ``terms `knowing', `knowingly', and `should know' mean''; (ii) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (iii) by inserting before subparagraph (B), as redesignated by clause (ii), the following new subparagraph: ``(A) has actual knowledge of the information;''; and (iv) in the matter following subparagraph (C), as redesignated by clause (ii)-- (I) by inserting ``require'' after ``and''; and (II) by striking ``is required''; and (D) by adding at the end the following new paragraphs: ``(8) The term `obligation' means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment. ``(9) The term `material' means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.''. (b) Exclusion of Responsible Corporate Officials.--Section 1128(b) of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by striking clauses (i) and (ii) of paragraph (15)(A) and inserting the following: ``(i) who has or had a direct or indirect ownership or control interest in a sanctioned entity at the time of and who knew or should have known (as defined in section 1128(i)(7)) of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B); or ``(ii) who is or was an officer or managing employee (as defined in section 1126(b)) of such an entity at the time of any of the conduct that formed a basis for the conviction or exclusion so described.''. (c) Payment Suspensions.--Subsection (o)(1) of section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended by striking ``may'' and inserting ``shall''. (d) Civil Monetary Penalties for False Statements or Delaying Inspections.--Paragraph (9) of section 1128A(a) of the Social Security Act (42 U.S.C. 1320a-7a(a)) is amended by inserting ``or to timely provide information in response to a request authorized by section 1128J(b),'' after ``regulations),''. SEC. 4. ENHANCED SCREENING, MEDICARE DATA-MINING SYSTEM; BIOMETRIC TECHNOLOGY STUDY. (a) Enhanced Screening.--Section 1866(j)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395cc(j)(2)(B)(ii)) is amended by striking ``may'' and inserting ``shall''. (b) Access to Real Time Claims and Payment Data.--Section 1128J(a)(2) of the Social Security Act is amended-- (1) by inserting ``including real time claims and payment data,'' after ``access to claims and payment data''; and (2) by adding at the end the following sentence: ``In carrying out this section, the Inspector General of the Department of Health and Human Services, in consultation with the Attorney General, shall implement mechanisms for the sharing of information about suspected fraud relating to the Federal health care programs under titles XVIII, XIX, and XXI with other appropriate law enforcement officials.''. (c) Study on Use of Biometric Technology.-- (1) In general.--The Secretary of Health and Human Services shall provide for a study that analyzes the feasibility and benefits in reducing waste, fraud, and abuse of carrying out a program (in this subsection referred to as a ``biometric technology program'') that implements biometric technology to ensure that individuals entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title are physically present at the time and place of receipt of certain items and services (specified by the Secretary) for which payment may be made under such title. Such a program may provide for financial incentives to encourage voluntary participation of providers of services (as defined in section 1861(u) of such Act) and suppliers (as defined in section 1861(d) of such Act). (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the study conducted under paragraph (1). Such report shall include an analysis of the likely effectiveness of a biometric technology program on reducing waste, fraud, and abuse under the Medicare program and may include recommendations with regard to whether such a program, on a pilot or other basis, should be implemented.", "summary": "Medicare Fraud Enforcement and Prevention Act of 2013 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid). Adds a new offense of distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges. Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims; and (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim. Amends SSA title XVIII (Medicare), as amended by the Patient Protection and Affordable Care Act (PPACA), to revise screening requirements. Amends SSA title XI, as amended by PPACA, to require the access to claims and payment data granted to Inspector General of the Department of Health and Human Services (HHS) and the Attorney General to include access to real time claims and payment data. Requires the HHS Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (Children's Health Insurance Program) (CHIP) with other appropriate law enforcement officials. Directs the HHS Secretary to provide for a study that analyzes the feasibility and benefits in reducing waste, fraud, and abuse of carrying out a program that implements biometric technology to ensure that individuals entitled to benefits under Medicare part A or enrolled under Medicare part B are physically present at the time and place of receipt of certain items and services for which payment may be made."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``Education Tax Credit Simplification Act of 2004''. SEC. 2. HOPE AND LIFETIME LEARNING CREDITS COMBINED. (a) In General.--So much of section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning Credits) as precedes subsection (d) is amended to read as follows: ``SEC. 25A. EDUCATION CREDIT. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount equal to 50 percent of so much of the qualified expenses paid by the taxpayer during the taxable year (for education furnished to an individual during any academic period beginning in such taxable year) as does not exceed $3,000 for such taxable year with respect to such individual. ``(b) Qualified Expenses.--For purposes of subsection (a), the term `qualified expenses' means the sum of-- ``(1) qualified higher education expenses, and ``(2) the expenses described in subsection (d)(1) with respect to any course of instruction at an eligible educational institution to acquire or improve job skills of the individual.''. (b) Conforming Amendments to Credit.-- (1) Section 25A of such Code is amended-- (A) by striking subsection (h), and (B) by redesignating subsections (d), (e), (f), (g), and (i) as subsections (c), (d), (e), (f), and (g), respectively. (2) Subsection (f)(2) of section 25A of such Code, as so redesignated, is amended by striking ``(before the application of subsections (b), (c), and (d))''. (c) Other Conforming and Clerical Amendments.-- (1) The following provisions of such Code are each amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(f)(2)'': (A) Section 72(t)(7)(B). (B) Section 221(d)(2)(B). (C) Section 222(d)(1) (as amended by section 132 of this Act). (D) Section 529(c)(3)(B)(v)(I). (E) Section 530(b)(2)(A). (F) Section 530(d)(2)(C)(i)(I). (G) Section 530(d)(4)(B)(iii). (2) Section 221(d) of such Code is amended-- (A) in paragraph (2) by striking ``section 25A(f)(2)'' and inserting ``section 25A(e)(2)'', and (B) by amending paragraph (3) to read as follows: ``(3) Eligible student.--The term `eligible student' means, with respect to any academic period, a student who-- ``(A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(B) is carrying at least \\1/2\\ the normal full- time work load for the course of study the student is pursuing.''. (3) Section 529(e)(3)(B)(i) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 221(d)(3)''. (4) The heading of section 529(c)(3)(B)(v) of such Code is amended to read as follows: ``Coordination with education credit.--''. (5) The heading of section 530(d)(2)(C) of such Code is amended to read as follows: ``Coordination with education credit and qualified tuition programs.--''. (6) Section 6050S(e) of such Code is amended by striking ``subsection (g)(2)'' and inserting ``subsection (f)(2)''. (7) Section 6213(g)(2)(J) of such Code is amended by striking ``section 25A(g)(1)'' and inserting ``section 25A(f)(1)''. (8) The item relating to section 25A in the table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 25A. Education Credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. UNIFORM DEFINITION OF QUALIFYING HIGHER EDUCATION EXPENSES. (a) In General.--Paragraph (3) of section 529(e) of such Code (relating to other definitions and special rules) is amended to read as follows: ``(3) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means-- ``(i) tuition, fees, books, supplies, and equipment required for the enrollment or attendance of a designated beneficiary at an eligible educational institution; and ``(ii) expenses for special needs services in the case of a special needs beneficiary which are incurred in connection with such enrollment or attendance. ``(B) Room and board included for students who are at least half-time.-- ``(i) In general.--In the case of an individual who is an eligible student for any academic period, such term shall also include reasonable costs for such period (as determined under the qualified tuition program) incurred by the designated beneficiary for room and board while attending such institution. For purposes of subsection (b)(7), a designated beneficiary shall be treated as meeting the requirements of this clause. ``(ii) Limitation.--The amount treated as qualified higher education expenses by reason of clause (i) shall not exceed-- ``(I) the allowance (applicable to the student) for room and board included in the cost of attendance (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll), as in effect on the date of the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001) as determined by the eligible educational institution for such period, or ``(II) if greater, the actual invoice amount the student residing in housing owned or operated by the eligible educational institution is charged by such institution for room and board costs for such period. ``(iii) Eligible student.--For purposes of this subparagraph, the term `eligible student' means, with respect to any academic period, a student who-- ``(I) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(II) is carrying at least \\1/2\\ the normal full-time work load for the course of study the student is pursuing. ``(C) Exceptions.-- ``(i) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program. ``(ii) Exception for nonacademic fees.-- Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction.''. (b) Conforming Amendments.-- (1) Section 25A and 6050S of such Code are each amended by striking ``qualified tuition and related expenses'' each place it appears and inserting ``qualified higher education expenses''. (2) Section 25A(e)(1) of such Code (as amended by this Act) is amended to read as follows: ``(1) Qualified higher education expenses.--The term `qualified higher education expenses' means the qualified higher education expenses (as defined by section 529(e)(3) without regard to subparagraph (B) thereof) required for the enrollment or attendance of-- ``(A) the taxpayer, ``(B) the taxpayer's spouse, or ``(C) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution.''. (3) Section 135(c)(2) of such Code is amended-- (A) by striking ``tuition and fees'' and inserting ``the qualified higher education expenses (as defined by section 529(e)(3) without regard to subparagraph (B) thereof)'', and (B) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (4) Section 221(d)(2) of such Code is amended by striking ``the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before the date of the enactment of this Act)'' and inserting ``the qualified higher education expenses (as defined by section 529(e)(3) without regard to subparagraph (B) thereof) incurred for attendance''. (5)(A) Section 222 of such Code is amended by striking ``qualified tuition and related expenses'' each place it appears and inserting ``qualified higher education expenses''. (B) Section 222(d)(1) of such Code is amended to read as follows: ``(1) Qualified higher education expenses.--The term `qualified higher education expenses' has the meaning given such term by section 529(e)(3) (without regard to subparagraph (B) thereof). Such expenses shall be reduced in the same manner as under section 25A(f)(2).''. (C) Section 222(d) of such Code is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: ``(6) Room and board included for students who are full- time.--No amount shall be taken into account under this section for an expense described in section 529(e)(3)(B) (relating to room and board included for students who are at least half- time) unless such individual is an eligible student (as defined in section 25A(b)(3), determined by substituting `the normal full-time work load' in lieu of `\\1/2\\ the normal full-time work load' in subparagraph (B) thereof.''. (D) The heading for section 222 of such Code is amended by striking ``TUITION AND RELATED'' and inserting ``HIGHER EDUCATION''. (E) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by amending the item relating to section 222 to read as follows: ``Sec. 222. Qualified higher education expenses.''. (6)(A) Section 6724(d) of such Code is amended-- (i) in paragraph (1)(B)(x) by striking ``qualified tuition and related expenses'' and inserting ``qualified higher education expenses'', and (ii) in paragraph (2)(Z) by striking ``qualified tuition and related expenses'' and inserting ``qualified higher education expenses''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid in taxable years beginning after December 31, 2003, for education furnished in periods beginning after such date.", "summary": "Education Tax Credit Simplification Act of 2004 - Amends the Internal Revenue Code to revise the Hope and Lifetime Learning Tax Credits. Combines both credits into an Education Credit that allows certain students a tax credit of 50 percent of their qualified higher education expenses and educational expenses to acquire or improve job skills, up to $3,000 per year. Eliminates the annual cost of living adjustments to the allowable credit amount."}
{"article": "SECTION 1. SHORT TITLE. This Act may be referred to as the ``Department of the Interior Reform and Savings Act of 1993''. TITLE I--IMPROVE THE FEDERAL HELIUM PROGRAM SEC. 101. AMENDMENTS TO HELIUM ACT AMENDMENTS OF 1960. (a) Section 4 of the Helium Act Amendments of 1960 (74 Stat. 920, 50 U.S.C. 167b) is amended to insert after ``lands acquired, leased, or reserved;'' the following: ``reduce costs and increase operational efficiencies, especially in operations that do not produce revenue; establish and adjust fees charged private industry for storage, transmission, and withdrawal of privately-owned helium from Government storage facilities to compensate fully for all costs incurred;''. (b) Section 6 of the Helium Act Amendments of 1960 (74 Stat. 921, 50 U.S.C. 167d) is amended-- (1) by amending subsection (b) to read: ``(b) The Secretary is authorized to sell helium for Federal, medical, scientific, and commercial uses in such quantities and under such terms and conditions as the Secretary determines. Sales shall be made in quantities and a manner to avoid undue disruption of the usual markets of producers, processors, and consumers of helium and to protect the United States against avoidable loss.''; and (2) by amending subsection (c) to read: ``(c) Sales of helium by the Secretary shall be at prices, as established by the Secretary, that are adequate to cover all costs incurred in carrying out the provisions of this Act. Helium shall be sold at prices comparable to helium sold by private industry. An annual review of price comparability shall be made and adjustments shall be made accordingly.''. SEC. 102. LONG-TERM COMPREHENSIVE PLAN. The Secretary of the Interior shall prepare and develop a long- term, comprehensive plan to (1) cancel the outstanding debt owed to the Treasury by the Department of the Interior related to the Federal helium program; and (2) improve Federal helium program operations over a multi-year period. The plan should analyze various options to accomplish (1) and (2) above, with emphasis on ways to minimize adverse impacts on Federal employment, Federal helium purchasers, and U.S. private sector helium markets. The plan, with the Secretary's preferred options, shall be presented to the President within 4 months of enactment of this Act. The President may adopt the plan, in whole or in part, and is authorized to cancel the out-standing debt upon a finding that such debt cancellation is in the national interest. TITLE II--IMPROVE MINERALS MANAGEMENT SERVICE ROYALTY COLLECTION SEC. 201. IMPROVEMENT OF MINERALS MANAGEMENT SERVICE ROYALTY COLLECTION. (a) The Secretary of the Interior shall, by fiscal year 1995, direct the Minerals Management Service, Royalty Management Program, to develop and implement (1) an automated business information system to provide to its auditors a lease history that includes reference, royalty, production, financial, compliance history, pricing and valuation, and other information; (2) the optimum methods to identify and resolve anomalies and to verify that royalties are paid correctly; (3) a more efficient and cost-effective royalty collection process by instituting new compliance and enforcement measures, including assessments and penalties for erroneous reporting and underreporting; and (4) such other actions as may be necessary to reduce royalty underpayment and increase revenue to the U.S. Treasury by an estimated total of $28 million by fiscal year 1999. (b) The Federal Oil and Gas Royalty Management Act of 1982 (Public Law No. 97-451), (30 U.S.C. 1701 et seq.) is amended by adding a new subsection 111(h) as follows: ``penalty assessment for substantial underreporting of royalty'' ``Sec. 111. (h)(1) If there is any underreporting of royalty owned on production from any lease issued or administered by the Secretary for the production of oil, gas, coal, any other mineral, or geothermal steam, from any Federal or Indian lands or the Outer Continental Shelf, for any production month, by any person who is responsible for paying royalty, the Secretary may assess a penalty of 10 percent of the amount of that underreporting. ``(2) If there is a substantial underreporting of royalty owed on production from any lease issued or administered by the Secretary for the production of oil, gas, coal, any other mineral, or geothermal steam, from any Federal or Indian lands or the Outer Continental Shelf, for any production month, by any person who is responsible for paying royalty, the Secretary may access a penalty of 20 percent of the amount of that substantial underreporting. ``(3) For purposes of this section, the term `undereporting' means the difference between the royalty on the value of the production which should have been reported and the royalty on the value of the production which was reported, if the value of the production which should have been reported is greater than the value of the production which was reported. An underreporting constitutes a `substantial underreporting' if such difference exceeds 10 percent of the royalty on the value of the production which should have been reported. ``(4) The Secretary shall not impose the assessment provided in paragraphs (1) or (2) if the person corrects the underreporting before the date the person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of enactment of this section, whichever is later. ``(5) The Secretary shall waive any portion of an assessment provided in paragraphs (1) or (2) attributable to that portion of the underreporting for which the person demonstrates that-- ``(i) the person had written authorization from the Secretary to report royalty on the value of the production on the basis on which it was reported, or ``(ii) the person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported, or ``(iii) the person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting, or ``(iv) the person meets any other exception which the Secretary may, by rule, establish. ``(6) All penalties collected under this subsection shall be deposited to the same accounts in the Treasury or paid to the same recipients in the same manner as the royalty with respect to which such penalty is paid.''. TITLE III--PHASE OUT THE MINERAL INSTITUTE PROGRAM SEC. 301. PHASE OUT OF MINERAL INSTITUTE PROGRAM. The Secretary of the Interior, beginning in fiscal year 1995, shall take action to phase out the Mining and Mineral Resources Research Institute Act of 1984, Public Law 98-409, as amended (98 Stat. 1536 through 1541 and 102 Stat. 2339 through 2341, 30 U.S.C. 1221 through 1230). There are hereby authorized to be appropriated under the Act the following amounts: fiscal year 1995--$6.5 million; fiscal year 1996--$5 million; fiscal year 1997--$3 million; and fiscal year 1998--$1.5 million. No further appropriations for this Act are authorized after September 30, 1998.", "summary": "TABLE OF CONTENTS: Title I: Improve the Federal Helium Program Title II: Improve Minerals Management Service Royalty Collection Title III: Phase Out the Mineral Institute Program Department of the Interior Reform and Savings Act of 1993 - Title I: Improve the Federal Helium Program - Amends the Helium Act Amendments of 1960 to authorize the Secretary of the Interior (the Secretary) to: (1) reduce costs and increase operational efficiencies; and (2) set fees charged private industry for storage, transmission, and withdrawal of privately-owned helium from Federal storage facilities to compensate fully for all costs incurred. Directs the Secretary to: (1) make helium sales in a manner that avoids undue disruption of the usual helium market and protects the United States against avoidable loss; (2) sell helium at prices comparable to those set by private industry; and (3) develop a long-term comprehensive plan to cancel the outstanding debt owed to the Treasury related to the Federal helium program, and to improve Federal helium program operations. Title II: Improve Minerals Management Service Royalty Collection - Requires the Secretary to direct the Minerals Management Service, Royalty Management Program, to develop and implement: (1) an automated business information system to provide its auditors a lease history; (2) optimum methods to identify and resolve anomalies and to verify royalty payments; (3) new royalty compliance and enforcement measures; and (4) other actions necessary to reduce royalty underpayment and increase revenues by a specified amount. Amends the Federal Oil and Gas Royalty Management Act of 1982 to authorize the Secretary to assess a penalty of ten percent of the amount of underreported royalty, and 20 percent of the amount of substantially underreported royalty. Title III: Phase Out the Mineral Institute Program - Directs the Secretary to phase out the Mining and Mineral Resources Research Institute Act of 1984 by the end of FY 1998."}
{"article": "SECTION 1. TEACHER RECRUITMENT. (a) Future Math and Science Teacher Recruitment.--Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1102 et seq.) is amended by adding at the end the following new part: ``PART L--FUTURE MATH AND SCIENCE TEACHER RECRUITMENT ``SEC. 10995A. SHORT TITLE; FINDINGS. ``(a) Short Title.--This part may be cited as the `Recruit and Reward Future Math and Science Teachers of America Act of 2000'. ``(b) Findings.--Congress finds the following: ``(1) United States high school students rate 16th and 19th, respectively, in science and math out of 21 countries. ``(2) Of United States high school students who take physical science and math courses, 56 percent and 27 percent, respectively, are taught by teachers who did not prepare in that field. ``(3) Teachers' knowledge and skills powerfully influence student learning. ``(4) More than 2,000,000 teachers will need to be hired over the next decade. ``(5) The ability of the United States to place highly qualified math and science teachers specializing in their field of instruction will depend on proactive policies that increase funding for teacher training, recruitment, and induction. ``SEC. 10995B. PURPOSE; APPROPRIATIONS AUTHORIZED. ``(a) Purpose.--It is the purpose of this part to make grants available, through a pilot program, to eligible institutions described in section 10995C, to enable such institutions to provide 500 scholarship awards to outstanding students enrolled in an accredited teacher training graduate program who are committed to pursuing careers teaching math and science at an urban or rural secondary level classroom. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $5,000,000 in each of the fiscal years 2001, 2002, and 2003. ``SEC. 10995C. SCHOLARSHIP DESIGNATION AND SELECTION CRITERIA. ``(a) Scholarship Designation.--Funds made available under this part shall be designated as the `National Math and Science Teacher Scholarships'. ``(b) Selection Criteria.--The Secretary of Education may award funds for National Math and Science Teacher Scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. The Secretary may not provide any individual higher education institution more than $100,000 per academic year for the purpose of the National Math and Science Teacher Scholarships. An institution applying for such scholarships may only be eligible to receive funds if such institution is ranked by the Secretary in the top 25 percent of schools in the State in which the institution is located with the highest percentage of graduates passing the State teacher qualification assessment for new teachers. Notwithstanding the preceding sentence, if there are fewer than 4 such institutions in a State, only the institution with the highest percentage of such graduates shall be eligible to receive funding. ``(c) Priorities.--The Secretary shall give priority to eligible institutions that meet 1 or more of the following criteria: ``(1) Provide a year long internship program in a professional development school. ``(2) Provide mentoring programs for novice teachers in their first 3 years. ``(3) Demonstrate a history of placing graduates in rural and urban schools. ``(4) Demonstrate that there is a high retention rate of teachers that the institution places in teaching positions. ``SEC. 10995D. INDIVIDUAL SCHOLARSHIP ELIGIBILITY. ``An individual may be eligible for a National Math and Science Teacher Scholarship only if such individual-- ``(1) is a citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence; ``(2) is majoring in a physical or life science or mathematics graduate teacher training program; ``(3) is enrolled in a higher education institution that-- ``(A) is ranked by the Secretary in the top 25 percent of schools in the State in which the institution is located with the highest percentage of graduates passing the State teacher qualification assessment for new teachers; or ``(B) if there are are fewer than 4 such institutions in a State, is the institution with the highest percentage of such graduates; and ``(4) is willing to teach math or science in a rural or urban public secondary school for no less than 3 full academic years. ``SEC. 10995E. SCHOLARSHIP AMOUNT. ``(a) Amount of Award.-- ``(1) In general.--The amount of a scholarship awarded by participating teacher training graduate programs under this part for any academic year shall be $10,000 per student, except that in no case shall the total amount of the scholarship exceed the total cost of attendance. ``(2) Insufficient funds.--In any fiscal year in which the amount appropriated to carry out this part is insufficient to award 500 scholarships, the Secretary shall reduce the number of awards to eligible institutions. ``(b) Assistance Not To Exceed Cost of Attendance.--No individual shall receive an award under this part in any academic year which exceeds the cost of attendance. A scholarship awarded under this part shall not be reduced on the basis of the student's receipt of other forms of Federal student financial assistance. ``SEC. 10995F. AGREEMENT; SCHOLARSHIP REPAYMENT PROVISIONS. ``(a) Agreement.--Recipients of the National Math and Science Teachers Scholarships shall agree to teach in an urban or rural public secondary school for no less than 3 full academic years. ``(b) Repayment for Failure To Fulfill Agreement.--Any recipients of a Scholarship found by the Secretary to be in noncompliance with the agreement entered into under subsection (a) of this section shall be required to repay a pro rata amount of the scholarship awards received, plus interest and, where applicable, reasonable collection fees, on a schedule and at a rate of interest prescribed by the Secretary by regulations. ``SEC. 10995G. EXCEPTIONS TO REPAYMENT PROVISIONS. ``An individual recipient of a Scholarship under this part shall not be considered in violation of the agreement entered into pursuant to section 10995F during any period in which the recipient-- ``(1) is pursuing a full-time course of study in math and science at an accredited institution; ``(2) is serving, not in excess of 3 years, as a member of the armed services of the United States; ``(3) is temporarily disabled for a period of time not to exceed 3 years as established by sworn affidavit of a qualified physician; ``(4) is seeking and unable to find full-time employment for a single period not to exceed 12 months; ``(5) is seeking and unable to find full-time employment as a math and science teacher in a public or private nonprofit elementary or secondary school or education program for a single period not to exceed 27 months; ``(6) satisfies the provision of additional repayment exceptions that may be prescribed by the Secretary in regulations issued pursuant to this section; or ``(7) is permanently totally disabled, as established by sworn affidavit of a qualified physician. ``SEC. 10995H. REPORT TO CONGRESS. ``Three years after the date on which funds are first made available to carry out this part, the Secretary of Education shall submit a report to Congress evaluating the success of the National Math and Science Teacher Scholarships pilot program in recruiting math and science teachers to teach in America's public secondary schools.''.", "summary": "Makes available 500 scholarship grants and stipends to outstanding students enrolled in nationally accredited teacher training graduate programs who are committed to pursuing such careers in secondary school mathematics and science teaching. Authorizes appropriations. Designates funds under this Act as National Math and Science Teacher Scholarships. Authorizes the Secretary of Education to award funds for such scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. Limits the amount of such funds in any academic year which may be awarded to any individual higher education institution. Makes an institution eligible for such funds only if it is ranked by the Secretary in the top 25 percent of schools in its State with the highest percentage of graduates passing the State teacher qualification assessment for new teachers. Directs the Secretary to give priority to eligible institutions that have one or more of these: (1) a year-long internship program in a professional development school; (2) mentoring programs for novice teachers in their first three years; (3) a history of placing graduates in rural and urban schools; and (4) a high retention rate of teachers that the institution places in teaching positions. Sets forth eligibility requirements for individual scholarships. Limits the scholarship amount per student to $10,000 per academic year. Requires scholarship recipients to agree to teach in an urban or rural public secondary school for at least three full academic years, or repay the pro rata amount of awards received, plus interest, for any failure to fulfill such obligation. Sets forth exceptions to such repayment requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Irrigation Subsidy Reduction Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) the Federal reclamation program has been in existence for over 90 years, with an estimated taxpayer investment of over $70,000,000,000; (2) the program has had and continues to have an enormous effect on the water resources and aquatic environments of the western States; (3) irrigation water made available from Federal water projects in the West is a very valuable resource for which there are increasing and competing demands; (4) the justification for providing water at less than full cost was to benefit and promote the development of small family farms and exclude large corporate farms, but this purpose has been frustrated over the years due to inadequate implementation of subsidy and acreage limits; (5) below-cost water prices tend to encourage excessive use of scarce water supplies in the arid regions of the West, and reasonable price increases to the wealthiest western farmers would provide an economic incentive for greater water conservation; (6) the Federal Government has increasingly applied eligibility tests based on income for Federal entitlement and subsidy programs, measures that are consistent with the historic approach of the reclamation program's acreage limitations that seek to limit water subsidies to smaller farms; and (7) including a means test based on gross income in the reclamation program will increase the effectiveness of carrying out the family farm goals of the Federal reclamation laws. SEC. 3. AMENDMENTS. (a) Definitions.--Section 202 of the Reclamation Reform Act of 1982 (43 U.S.C. 390bb) is amended-- (1) by redesignating paragraphs (7), (8), (9), (10), and (11) as paragraphs (9), (10), (11), (12), and (13), respectively; (2) in paragraph (6) by striking ``owned or operated under a lease which'' and inserting ``owned, leased, or operated by an individual or legal entity and which''; (3) by inserting after paragraph (6) the following: ``(7) Legal entity.--The term `legal entity' includes a corporation, association, partnership, trust, joint tenancy, or tenancy in common, or any other entity that owns, leases, or operates a farm operation for the benefit of more than 1 individual under any form of agreement or arrangement. ``(8) Operator.-- ``(A) In general.--The term `operator'-- ``(i) means an individual or legal entity that operates a single farm operation on a parcel (or parcels) of land that is owned or leased by another person (or persons) under any form of agreement or arrangement (or agreements or arrangements); and ``(ii) if the individual or legal entity-- ``(I) is an employee of an individual or legal entity, includes the individual or legal entity; or ``(II) is a legal entity that controls, is controlled by, or is under common control with another legal entity, includes each such other legal entity. ``(B) Operation of a farm operation.--For the purposes of subparagraph (A), an individual or legal entity shall be considered to operate a farm operation if the individual or legal entity is the person that performs the greatest proportion of the decisionmaking for and supervision of the agricultural enterprise on land served with irrigation water.''; and (4) by adding at the end the following: ``(14) Single farm operation.-- ``(A) In general.--The term `single farm operation' means the total acreage of land served with irrigation water for which an individual or legal entity is the operator. ``(B) Rules for determining whether separate parcels are operated as a single farm operation.-- ``(i) Equipment- and labor-sharing activities.--The conduct of equipment- and labor-sharing activities on separate parcels of land by separate individuals or legal entities shall not by itself serve as a basis for concluding that the farming operations of the individuals or legal entities constitute a single farm operation. ``(ii) Performance of certain services.-- The performance by an individual or legal entity of an agricultural chemical application, pruning, or harvesting for a farm operation on a parcel of land shall not by itself serve as a basis for concluding that the farm operation on that parcel of land is part of a single farm operation operated by the individual or entity on other parcels of land.''. (b) Identification of Owners, Lessees, and Operators and of Single Farm Operations.--The Reclamation Reform Act of 1982 (43 U.S.C. 39aa et seq.) is amended by inserting after section 201 the following: ``SEC. 201A. IDENTIFICATION OF OWNERS, LESSEES, AND OPERATORS AND OF SINGLE FARM OPERATIONS. ``(a) In General.--Subject to subsection (b), for each parcel of land to which irrigation water is delivered or proposed to be delivered, the Secretary shall identify a single individual or legal entity as the owner, lessee, or operator. ``(b) Shared Decisionmaking and Supervision.--If the Secretary determines that no single individual or legal entity is the owner, lessee, or other individual that performs the greatest proportion of decisionmaking for and supervision of the agricultural enterprise on a parcel of land-- ``(1) all individuals and legal entities that own, lease, or perform a proportion of decisionmaking and supervision that is equal as among themselves but greater than the proportion performed by any other individual or legal entity shall be considered jointly to be the owner, lessee, or operator; and ``(2) all parcels of land of which any such individual or legal entity is the owner, lessee, or operator shall be considered to be part of the single farm operation of the owner, lessee, or operator identified under subsection (1). (c) Pricing.--Section 205 of the Reclamation Reform Act of 1982 (43 U.S.C. 390ee) is amended by adding at the end the following: ``(d) Single Farm Operations Generating More Than $500,000 in Gross Farm Income.-- ``(1) In general.--Notwithstanding subsections (a), (b), and (c), in the case of-- ``(A) a qualified recipient that reports gross farm income from a single farm operation in excess of $500,000 for a taxable year; or ``(B) a limited recipient that received irrigation water on or before October 1, 1981, and that reports gross farm income from a single farm operation in excess of $500,000 for a taxable year; irrigation water may be delivered to the single farm operation of the qualified recipient or limited recipient at less than full cost to a number of acres that does not exceed the number of acres determined under paragraph (2). ``(2) Maximum number of acres to which irrigation water may be delivered at less than full cost.--The number of acres determined under this subparagraph is the number equal to the number of acres of the single farm operation multiplied by a fraction, the numerator of which is $500,000 and the denominator of which is the amount of gross farm income reported by the qualified recipient or limited recipient in the most recent taxable year. ``(3) Inflation adjustment.-- ``(A) In general.--The $500,000 amount under paragraphs (1) and (2) for any taxable year beginning in a calendar year after 1997 shall be equal to the product of-- ``(i) $500,000, multiplied by ``(ii) the inflation adjustment factor for the taxable year. ``(B) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to any calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for 1996. Not later than April 1 of any calendar year, the Secretary shall publish the inflation adjustment factor for the preceding calendar year. ``(C) GDP implicit price deflator.--For purposes of subparagraph (B), the term `GDP implicit price deflator' means the first revision of the implicit price deflator for the gross domestic product as computed and published by the Secretary of Commerce. ``(D) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $100, the increase shall be rounded to the next lowest multiple of $100.''. (d) Certification of Compliance.--Section 206 of the Reclamation Reform Act of 1982 (43 U.S.C. 390ff) is amended to read as follows: ``SEC. 206. CERTIFICATION OF COMPLIANCE. ``(a) In General.--As a condition to the receipt of irrigation water for land in a district that has a contract described in section 203, each owner, lessee, or operator in the district shall furnish the district, in a form prescribed by the Secretary, a certificate that the owner, lessee, or operator is in compliance with this title, including a statement of the number of acres owned, leased, or operated, the terms of any lease or agreement pertaining to the operation of a farm operation, and, in the case of a lessee or operator, a certification that the rent or other fees paid reflect the reasonable value of the irrigation water to the productivity of the land. ``(b) Documentation.--The Secretary may require a lessee or operator to submit for the Secretary's examination-- ``(1) a complete copy of any lease or other agreement executed by each of the parties to the lease or other agreement; and ``(2) a copy of the return of income tax imposed by chapter 1 of the Internal Revenue Code of 1986 for any taxable year in which the single farm operation of the lessee or operator received irrigation water at less than full cost.''. (e) Trusts.--Section 214 of the Reclamation Reform Act of 1982 (43 U.S.C. 390nn) is repealed. (f) Administrative Provisions.-- (1) Penalties.--Section 224(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390ww(c)) is amended-- (A) by striking ``(c) The Secretary'' and inserting the following: ``(c) Regulations; Data Collection; Penalties.-- ``(1) Regulations; data collection.--The Secretary''; and (B) by adding at the end the following: ``(2) Penalties.--Notwithstanding any other provision of law, the Secretary shall establish appropriate and effective penalties for failure to comply with any provision of this Act or any regulation issued under this Act.''. (2) Interest.--Section 224(i) of the Reclamation Reform Act of 1982 (43 U.S.C. 390ww(i)) is amended by striking the last sentence and inserting the following: ``The interest rate applicable to underpayments shall be equal to the rate applicable to expenditures under section 202(3)(C).''. (g) Reporting.--Section 228 of the Reclamation Reform Act of 1982 (43 U.S.C. 390zz) is amended by inserting ``operator or'' before ``contracting entity'' each place it appears. (h) Memorandum of Understanding.--The Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) is amended-- (1) by redesignating sections 229 and 230 as sections 230 and 231; and (2) by inserting after section 228 the following: ``SEC. 229. MEMORANDUM OF UNDERSTANDING. ``The Secretary, the Secretary of the Treasury, and the Secretary of Agriculture shall enter into a memorandum of understanding or other appropriate instrument to permit the Secretary, notwithstanding section 6103 of the Internal Revenue Code of 1986, to have access to and use of available information collected or maintained by the Department of the Treasury and the Department of Agriculture that would aid enforcement of the ownership and pricing limitations of Federal reclamation law.''.", "summary": "Irrigation Subsidy Reduction Act of 1996 - Amends the Reclamation Reform Act of 1982 to define the terms \"legal entity,\" \"operator,\" and \"single farm operation.\" Directs the Secretary of the Interior, for each parcel of land to which irrigation water is delivered or proposed to be delivered, to identify a single individual or legal entity as the owner, lessee, or operator. Allows irrigation water to be delivered at less than the normal per-acre cost to either: (1) a qualified recipient that reports gross farm income from a single farm operation in excess of $500,000 per taxable year; or (2) a limited recipient that received such water on or before October 1, 1981, and that reports gross farm income in excess of such amount. Provides an inflation adjustment for calendar years after 1997. Requires lessees (currently, only owners and operators) of an irrigation district to furnish such district a certification of compliance with the Act. Allows the Secretary to require a lessee or operator to submit for examination a copy of a tax return for any taxable year in which the single farm operation of the lessee or operator received irrigation water at less than full cost. Repeals a provision exempting district lands held in trust from Federal reclamation ownership and cost pricing limitations. Directs the Secretary to establish penalties for failure to comply with provisions of the Act. Directs the Secretaries of the Interior, the Treasury, and Agriculture to enter into a memorandum of understanding to permit the Secretary of the Interior to have access to and use available information collected or maintained by either the Department of the Treasury or Agriculture that would aid in enforcement of the ownership and pricing limitations of Federal reclamation law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Price Disclosure Act of 2005''. SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL AND AMBULATORY SURGICAL CENTER DATA. (a) Requirement.-- (1) Hospitals.--Subsection (a)(1) of section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (A) in subparagraph (U), by striking ``and'' at the end; (B) in subparagraph (V), by striking the period at the end and inserting ``, and''; and (C) by inserting after subparagraph (V) the following new subparagraph: ``(W) in the case of a hospital, to report to the Secretary data in accordance with subsection (k)(1) and to post notice regarding such data in accordance with subsection (k)(2)(B).''. (2) Ambulatory surgical centers.--Section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended by inserting after ``other standards'' the following: ``, including the reporting to the Secretary of data in accordance with section 1866(k)(1) and the posting of notice regarding such data in accordance with section 1866(k)(2)(B)''. (b) Data Reporting by Hospitals and Ambulatory Surgical Centers for Certain Inpatient and Outpatient Procedures and Inpatient Drugs.-- Section 1866 of such Act (42 U.S.C. 1395cc) is further amended by adding at the end the following new subsection: ``(k) Data Reporting by Hospitals and Ambulatory Surgical Centers and Public Posting.-- ``(1) Quarterly reporting requirement.--Not later than 45 days after the end of each calendar quarter (beginning more than one year after the date of the enactment of this subsection), a hospital shall report to the Secretary, for each procedure or drug selected under paragraph (3), and an ambulatory surgical center shall report to the Secretary, for each procedure selected under paragraph (3)(A)(ii), the following data: ``(A) The frequency with which the hospital performed the procedure, or administered the drug in an inpatient setting, or the center performed the procedure during such quarter. ``(B) If the procedure was performed or the drug was so administered during such quarter, the average and the median of the price charged by the hospital or center for such procedure or drug during such quarter. ``(2) Public availability of data.-- ``(A) Public posting of data.--The Secretary shall promptly post, on the official public Internet site of the Department of Health and Human Services, the data reported under paragraph (1). Such data shall be set forth in a manner that promotes price comparison among hospitals and ambulatory surgical centers. ``(B) Notice of availability.--A hospital and ambulatory surgical center shall prominently post at each admission site of the hospital or center a notice of the availability of the data reported under paragraph (1) on the official public Internet site under subparagraph (A). ``(3) Selection of procedures and drugs.-- ``(A) Initial selection.--Based on national data, the Secretary shall select the following: ``(i) The 25 most frequently performed hospital inpatient procedures. ``(ii) The 25 most frequently performed hospital outpatient procedures. ``(iii) The 50 most frequently administered drugs in a hospital inpatient setting. ``(B) Updating selection.--The Secretary shall periodically update the procedures and drugs selected under subparagraph (A). ``(4) Civil money penalty.--The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of the provisions of paragraph (1) or (2)(B) by a hospital or ambulatory surgical center. A civil money penalty under this paragraph shall be imposed and collected in the same manner as a civil money penalty under subsection (a) of section 1128A is imposed and collected under that section. ``(5) Administrative provisions.-- ``(A) Classification of procedures.--For purposes of this subsection, the Secretary shall establish rules for the classification of different procedures and for the assignment of items and services to those procedures. ``(B) Computation of average and median prices.-- For purposes of paragraph (1), the computation of an average and median price for a procedure or drug shall be in accordance with a methodology prescribed by the Secretary. Such methodology may provide for reporting by the hospital or ambulatory surgical center of unit prices for specific items and services included in a procedure, including appropriate per diem prices, and a method of converting such unit prices for a procedure to an average and median price for such procedure. ``(C) Form of report and notice.--The Secretary shall specify the electronic form and manner by which a hospital or ambulatory surgical center shall report data under paragraph (1) and the form for posting of notices under paragraph (2)(B). ``(6) Non-preemption of state laws.--Nothing in this subsection shall be construed as preempting or otherwise affecting any provision of State law relating to the disclosure of price or other information for a hospital or ambulatory surgical center. ``(7) Drug defined.--For purposes of this subsection, the term `drug' includes a biological and a non-prescription drug, such as an ointment. ''.", "summary": "Hospital Price Disclosure Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require the public disclosure of prices for hospital and ambulatory surgical center procedures and drugs."}
{"article": "SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Preserving Equitable Access to Community-based Home Health (PEACH) Act of 2009''. (b) Purpose.--It is the purpose of this Act to preserve access to home health services for all Americans, regardless of their ability to pay or their severity of illness. SEC. 2. FINDINGS. The Congress finds the following: (1) The Medicare home health benefit is vulnerable to agency selection of the most profitable beneficiaries and avoidance of the most complex and costly beneficiaries. (2) Such ``cherry picking'' by some home health agencies compromises access to care for the most complex, highest risk beneficiaries. (3) The Government Accountability Office has reported that hospital discharge planners have difficulty placing more than 10 percent of eligible patients in home health due to their extensive care needs. (4) Proposals to reduce Medicare payments to home health agencies (in response to large aggregate margins across all home health agencies) may undermine the financial viability of mission-driven and non-profit home health agencies, which often have low to negative margins, while allowing high-margin agencies to remain in operation. SEC. 3. SUPPLEMENTAL PAYMENTS FOR PEACH AGENCIES. (a) In General.--There shall be established a fund (to be known as the ``PEACH fund'') from which home health agencies meeting specified criteria shall be paid supplemental amounts in addition to their statutory payment amounts under title XVIII of the Social Security Act. Is this to be a trust fund? Where is this fund to be established? Who adminsters it? What are the sources of funding that goes into the fund? What are the allowed uses of such funding? (b) Peach Program.--Title XVIII of the Social Security Act is amended by inserting after section 1895 the following new section: ``supplemental payments for peach agencies ``Sec. 1895A. (a) Designation.-- ``(1) In general.--The Secretary shall designate as a `PEACH agency' any home health agency that meets the criteria under paragraph (2). ``(2) Criteria.--The Secretary may not designate a home health agency as a PEACH agency unless the home health agency meets the following criteria: ``(A) The home health agency is certified for participation under this title. ``(B) The home health agency offers-- ``(i) the complete range of home health services as defined under section 1861(m) of this title; ``(ii) the complete range of home health services on a 24 hours per day, 7 days per week on-call basis; and ``(iii) its services to all eligible beneficiaries or enrollees under this title and/or title XIX, and uninsured individuals up to its service capacity, regardless of their ability to pay or the complexity or intensity of care they require. ``(C) The home health agency provides charity care in an amount greater than or equal to 1 percent of its total revenue. ``(D) The home health agency agrees that the Secretary may, by statistical or other means, verify on an annual basis that the agency meets the criteria defined in this paragraph, and that the agency will be subject to disqualification from the PEACH program if such criteria are not met. ``(b) Supplemental Payments.-- ``(1) In general.--Subject to the availability of funds under subsection (c), the Secretary shall make supplemental payments to PEACH agencies based on information submitted by the agency on an additional schedule in the Medicare cost report. ``(2) Cost reporting.--The Secretary shall implement an additional schedule, as a component of the cost reporting process, on which home health agencies may report information the Secretary deems necessary for designation and payment as a PEACH agency. ``(3) Amount and timing for first year as peach agency.-- ``(A) The supplemental payment made to a home health agency for the first year in which such agency is designated a PEACH agency under this section shall be equal to its shortfall in that year, defined as the sum of-- ``(i) the aggregate reasonable cost of home health services delivered under parts A and B of this title by the PEACH agency for such year, less the aggregate payments received by the PEACH agency pursuant to section 1895; ``(ii) the aggregate actual costs of home health and home and community based services delivered by the agency under sections 1905(a)(7), 1905(a)(22), and 1915(c) through (e) of title XIX for such year, less the aggregate payments received by the PEACH agency for such services under that title; and ``(iii) the aggregate cost of uncompensated home health services delivered by the PEACH agency for such year. ``(B) The supplemental payment under subparagraph (A) shall be paid within 90 days of receipt of the annual cost report by the Secretary. ``(4) Amount and timing for subsequent years.--For each year after the first year in which a home health agency is designated a PEACH agency, a PEACH agency shall receive interim supplemental payments based on-- ``(A) the intervals at which the agency submits cost reports; and ``(B) the estimated shortfall, as defined in subparagraph (3)(A), for the year or interval in question. ``(c) Funding.--Supplemental payments under this section shall be-- ``(1) paid from the PEACH fund, which shall be capped at $500,000,000 annually and shall be administered by the Secretary; and ``(2) paid to PEACH agencies-- ``(A) pursuant to subsection (b); or ``(B) if the PEACH fund is insufficient to cover all the supplemental payments that should be paid under subsection (b), in proportion to each agency's shortfall relative to the aggregate shortfall of all PEACH agencies for the year in question. In any year in which the Secretary determines that the PEACH fund will not cover the aggregate estimated shortfall of all PEACH agencies, the Secretary shall make a preliminary supplemental payment to each PEACH agency within 90 days of receipt of its annual cost report and, if funds remain, an additional supplemental payment after all PEACH agency cost reports have been received. ``(d) Definitions.--For purposes of this section-- ``(1) the term `charity care' means home health services that are provided to an individual who is-- ``(A) not eligible for payment under this title, under title XIX, or by any other third-party payer; and ``(B) unable to pay any portion of the full cost of care, including any amount subsidized or otherwise discounted due to an individual's inability to pay; and ``(2) the term `uncompensated care' means home health services provided to an individual by a home health agency with the knowledge that the individual will be financially unable to pay for the services.''. (c) Conforming Amendment.--Section 1895(a) of the Social Security Act is amended by inserting before the period at the end the following: ``and the provisions of section 1895A''. SEC. 4. REGULATIONS. The Secretary shall issue such regulations as are necessary and appropriate for the implementation of the provisions of this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized for appropriation $500,000,000 for each fiscal year beginning with fiscal year 2010 for purposes of carrying out the purposes of this Act. Is there anything this funds other than the PEACH fund? Should this go into the provision creating that fund?", "summary": "Preserving Equitable Access to Community-based Home Health (PEACH) Act of 2009 - Establishes the PEACH fund from which home health agencies meeting specified criteria shall be paid supplemental amounts in addition to their statutory payment amounts under title XVIII (Medicare) of the Social Security Act (SSA). Amends SSA title XVIII to direct the Secretary of Health and Human Services (HHS) to make supplemental payments to certain community-based home health agencies that the Secretary has designated as PEACH agencies for estimated shortfalls due to providing uncompensated care."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Island Sound Stewardship Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) Long Island Sound is a national treasure of great cultural, environmental, and ecological importance; (2) 8,000,000 people live within the Long Island Sound watershed and 28,000,000 people (approximately 10 percent of the population of the United States) live within 50 miles of Long Island Sound; (3) activities that depend on the environmental health of Long Island Sound contribute more than $5,000,000,000 each year to the regional economy; (4) the portion of the shoreline of Long Island Sound that is accessible to the general public (estimated at less than 20 percent of the total shoreline) is not adequate to serve the needs of the people living in the area; (5) existing shoreline facilities are in many cases overburdened and underfunded; (6) large parcels of open space already in public ownership are strained by the effort to balance the demand for recreation with the needs of sensitive natural resources; (7) approximately \\1/3\\ of the tidal marshes of Long Island Sound have been filled, and much of the remaining marshes have been ditched, dyked, or impounded, reducing the ecological value of the marshes; and (8) many of the remaining exemplary natural landscape is vulnerable to further development. (b) Purpose.--The purpose of this Act is to establish the Long Island Sound Stewardship System to preserve areas of critical importance because of the open space, public access, and ecological value of the areas. SEC. 3. DEFINITIONS. In this Act: (1) Committee.--The term ``Committee'' means the Long Island Sound Stewardship Coordinating Committee established by section 5(a). (2) Region.--The term ``Region'' means the Long Island Sound Stewardship System Region established by section 4(a). (3) States.--The term ``States'' means the States of Connecticut and New York. SEC. 4. LONG ISLAND SOUND STEWARDSHIP SYSTEM REGION. (a) Establishment.--There is established in the States the Long Island Sound Stewardship System Region. (b) Boundaries.--The Region shall encompass the immediate coastal upland and underwater areas along Long Island Sound, including those portions of the Sound with coastally influenced vegetation, as described on the map entitled the ``Long Island Sound Stewardship Region'' and dated April 21, 2004. SEC. 5. LONG ISLAND SOUND STEWARDSHIP COORDINATING COMMITTEE. (a) Establishment.--There is established a committee to be known as the ``Long Island Sound Stewardship Coordinating Committee''. (b) Chairperson.--The Chairperson of the Committee shall be the Director of the Long Island Sound Office of the Environmental Protection Agency, or designee. (c) Membership.-- (1) Composition.-- (A) In general.--The chairperson shall appoint the members of the Committee in accordance with this subsection and section 320(c) of the Federal Water Pollution Control Act (33 U.S.C. 1330(c)). (B) Representation.--The Committee shall-- (i) include equal representation of the interests of the States; and (ii) represent-- (I) Federal, State, and local government interests; (II) the interests of nongovernmental organizations; (III) academic interests; and (IV) private interests. (2) Date of appointments.--The appointment of a member of the Committee shall be made not later than 180 days after the date of enactment of this Act. (d) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Committee. (2) Vacancies.--A vacancy on the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment was made. (e) Initial Meeting.--Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold the initial meeting of the Committee. (f) Meetings.--The Committee shall meet at the call of the Chairperson, but not less than 4 times each year. (g) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 6. DUTIES OF THE COMMITTEE. The Committee shall-- (1) consistent with the guidelines described in section 9(c)-- (A) establish specific criteria for the evaluation of applications for stewardship site designations; and (B) evaluate and award or deny stewardship designation to applicants for that designation; (2) consistent with the guidelines described in section 9(d)-- (A) evaluate applications from government or nonprofit organizations qualified to hold conservation easements for funds to purchase land or development rights for stewardship sites; and (B) award funds to qualified applicants; (3) not later than 1 year after the date of enactment of this Act, develop and publish a management plan that-- (A) assesses the current resources of and threats to Long Island Sound; (B) assesses the role of the Long Island Sound Stewardship System in protecting Long Island Sound; (C) establishes-- (i) guidelines, schedules, and due dates for applying for designation as a stewardship site; and (ii) specific criteria to be used in evaluating stewardship site applications; (D) includes information about any grants that are available for the purchase of land or property rights to protect stewardship sites; (E) shall be made available to the public on the Internet and in hardcopy form; and (F) shall be updated at least every other year, with information on applications for stewardship site designation and funding published more frequently; and (4) concurrent with the first management plan, publish a list of sites that the Committee considers most appropriate for designation as stewardship sites. SEC. 7. POWERS OF THE COMMITTEE. (a) Hearings.--The Committee may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from a Federal agency such information as the Committee considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Committee, the head of the agency shall provide the information to the Committee. (c) Postal Services.--The Committee may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (d) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. SEC. 8. COMMITTEE PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal employees.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. (2) Federal employees.--A member of the Committee who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Committee. (c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Committee to perform the duties of the Committee. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Committee. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Committee without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. SEC. 9. STEWARDSHIP SITES. (a) Definition of Qualifying Land.--In this section, the term ``qualifying land'' means land-- (1) that is in the Region; and (2) that is-- (A) Federal, State, local, or tribal land; (B) land owned by a nonprofit organization; or (C) privately owned land. (b) Application for Designation.--Owners or other parties in control of qualifying land may apply to the Committee to have the qualifying land designated as a Long Island Sound stewardship site. (c) General Guidelines for Stewardship Site Designation.-- (1) In general.--The Committee shall choose land to be designated as a stewardship site based on-- (A) the contribution of the land to open space on and public access to Long Island Sound; and (B) the ecological value of the land. (2) Criteria.--In considering land described in applications submitted under subsection (b), the Committee shall consider-- (A) land cover; (B) size; (C) adjacency and connectivity to existing parks and open spaces; (D) water quality; (E) current or prospective recreational use; (F) visitor demand; (G) scenic quality; (H) cultural resources; (I) erosion and flood hazard prevention; (J) environmental justice; (K) fish and wildlife productivity; (L) biodiversity; (M) scientific value; (N) water quality protection; (O) habitat restoration characteristics; (P) connectivity to other habitats that are vital to sustaining healthy living resources in the Long Island Sound watershed; (Q) risk of development; and (R) other criteria developed by the Committee under section 6(1)(A). (d) General Guidelines for Awarding Funds.-- (1) In general.--The Committee shall award funds to qualified applicants to help to secure and improve the open space, public access, or ecological values of stewardship sites, through-- (A) purchase of the property of the site; (B) purchase of relevant property rights of the site; or (C) entering into any other binding legal arrangement that ensures that the values of the site are preserved. (2) Equitable distribution of funds.--The Committee shall exert due diligence to distribute funds equitably between the States. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $40,000,000 for each fiscal year, to be allocated from the national estuary program under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330). (b) Allocation of Funds.--For each fiscal year-- (1) not more than 15 percent of funds made available under subsection (a) shall be used to improve the facilities of stewardship sites; and (2) at least 85 percent of funds made available under subsection (a) shall be used to secure the values of stewardship sites. (c) Federal Share.--The Federal share of the cost of an activity carried out using any assistance or grant under this Act shall not exceed 75 percent of the total cost of the activity.", "summary": "Long Island Sound Stewardship Act of 2004 - Establishes the Long Island Sound Stewardship System Region in Connecticut and New York. Establishes the Long Island Sound Stewardship Coordinating Committee to evaluate applications: (1) from owners or other controlling parties to have qualifying land within the Region designated as \"stewardship sites\" for purposes of awarding preservation funds; and (2) from government or nonprofit organizations qualified to hold conservation easements for funds to purchase land or development rights for stewardship sites. Requires the Committee to develop and publish a management plan that describes the current status of Long Island Sound, the Committee's role in protecting it, and details of the stewardship site designation program."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Strengthening the Transition and Reintegration Of the National Guard and Reserves Act'' or the ``STRONGR Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of transitional health care coverage to one year for members of reserve components for mental health care. Sec. 3. Increase in amount of basic educational assistance for members of the Selected Reserve and members of reserve components supporting contingency operations. Sec. 4. Nonreduction in pay while Federal employee is serving on active duty in a reserve component of the uniformed services. Sec. 5. Assistance for State and local governments that continue to pay employees who serve on active duty in a reserve component of the uniformed services. Sec. 6. Active-duty reserve component employee credit added to general business credit. SEC. 2. EXTENSION OF TRANSITIONAL HEALTH CARE COVERAGE TO ONE YEAR FOR MEMBERS OF RESERVE COMPONENTS FOR MENTAL HEALTH CARE. Section 1145(a) of title 10, United States Code, is amended in paragraph (3)-- (1) by inserting ``(A)'' after ``(3)''; and (2) by adding at the end the following new subparagraph: ``(B) In addition to the period described in subparagraph (A), transitional health care shall be available for an additional 180 days, for mental health care only, to a member of a reserve component described in paragraph (2)(B). The additional 180 days shall begin at the end of the period described in subparagraph (A).''. SEC. 3. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE AND MEMBERS OF RESERVE COMPONENTS SUPPORTING CONTINGENCY OPERATIONS. (a) Members of Selected Reserve.-- (1) Increase in amount of assistance.--Section 16131(b) of title 10, United States Code, is amended-- (A) in paragraph (1), by striking ``at the following rates'' and all that follows through the end and inserting ``at the rate provided under paragraph (2).''; and (B) in paragraph (2), by striking all and inserting the following: ``(2)(A) Educational assistance provided under this chapter shall be paid at a rate equal the applicable percentage under subparagraph (B) of the rate provided under section 3015(a) of title 38 for an approved program of education pursued on a full-time basis. ``(B) The applicable percentage under this subparagraph is-- ``(i) 50 percent for each month in which the individual pursues an approved program of education on a full time basis; ``(ii) 37.5 percent for each month in which the individual pursues an approved program of education on a three-quarter- time basis; ``(iii) 25 percent for each month in which the individual pursues an approved program of education on a half-time basis; and ``(iv) an appropriately reduced percent, as determined under regulations which the Secretary of Veterans Affairs shall prescribe, for each month in which the individual pursues an approved program of education on less than a half-time basis, except that no payment may be made to an individual for a month in which the individual pursues such a program on less than a half-time basis if tuition assistance is otherwise available to the individual for such pursuit from the military department concerned.''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to an educational assistance allowance under section 16131(b) of such title paid for months beginning after the date of the enactment of this Act. (b) Reserve Components Supporting Contingency Operations.-- (1) Increase in amount.--Section 16162(c)(4) of title 10, United States Code, is amended-- (A) in subparagraph (A) by striking ``40 percent'' and inserting ``60 percent''; and (B) in subparagraph (B) by striking ``60 percent'' and inserting ``70 percent''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to an educational assistance allowance under section 16162(c)(4) of such title paid for months beginning after the date of the enactment of this Act. SEC. 4. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS SERVING ON ACTIVE DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES. (a) In General.--Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following new section: ``Sec. 5538. Nonreduction in pay while serving on active duty in a reserve component ``(a) An employee who is also a member of a reserve component and is absent from a position of employment with the Federal Government under a call or order to serve on active duty for a period of more than 30 days shall be entitled to receive, for each pay period described in subsection (b), an amount equal to the amount by which-- ``(1) the amount of civilian basic pay that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the Government had not been interrupted by the service on active duty, exceeds (if at all) ``(2) the amount of military compensation that is payable to the employee for the service on active duty and is allocable to such pay period. ``(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted) that occurs-- ``(A) while the employee serves on active duty for a period of more than 30 days; ``(B) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(C) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). ``(2) Paragraph (1) shall not apply with respect to a pay period for which the employee receives civilian basic pay (including by taking any annual, military, or other paid leave) to which the employee is entitled by virtue of the employee's civilian employment with the Government. ``(c) Any amount payable under this section to an employee shall be paid-- ``(1) by the employing agency of the employee; ``(2) from the appropriation or fund that would be used to pay the employee if the employee were in a pay status; and ``(3) to the extent practicable, at the same time and in the same manner as would civilian basic pay if the employee's civilian employment had not been interrupted. ``(d) In consultation with Secretary of Defense, the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section. ``(e)(1) In consultation with the Office, the head of each agency referred to in section 2302(a)(2)(C)(ii) shall prescribe procedures to ensure that the rights under this section apply to the employees of such agency. ``(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. ``(f) For the purpose of this section-- ``(1) the terms `active duty for a period of more than 30 days', `member', and `reserve component' have the meanings given such terms in section 101 of title 37; ``(2) the term `civilian basic pay' includes any amount payable under section 5304; ``(3) the term `employing agency', as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which the employee has reemployment rights under chapter 43 of title 38; and ``(4) the term `military compensation' has the meaning given the term `pay' in section 101(21) of title 37.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5537 the following new item: ``5538. Nonreduction in pay while serving on active duty in a reserve component.''. (c) Application of Amendment.--Section 5538 of title 5, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act. SEC. 5. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES. (a) In General.--Chapter 17 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 911. Assistance for State and local governments that continue to pay employees who serve on active duty ``(a) Continuation of Civilian Basic Pay.--It is the purpose of this section to encourage States and local governments to continue to pay a portion of the civilian compensation of those employees who are also members of a reserve component and are absent from a position of employment with the State or local government under a call or order to serve on active duty for a period of more than 30 days so that the employees receive compensation in an amount that, when taken together with their military pay, is at least equal to their civilian compensation. ``(b) Reimbursement Offered.--(1) At the request of a State or local government that continues to pay all or a portion of the civilian compensation of an employee described in subsection (a), the Secretary concerned shall reimburse the State or local government for 50 percent of the civilian compensation paid by the State or local government for each pay period described in subsection (c), but not to exceed 50 percent of the difference (if any) between-- ``(A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the State or local government had not been interrupted by the service on active duty; and ``(B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. ``(2) If the pay periods described in subsection (c) extend more than nine consecutive months after the first day of the first month during which the employee began to serve on active duty for a period of more than 30 days, the reimbursement rate shall become 100 percent for the subsequent payments. However, as is the case under paragraph (1), reimbursement shall be provided only for the difference (if any) between-- ``(A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the State or local government had not been interrupted by the service on active duty; and ``(B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. ``(c) Pay Periods.--Reimbursement shall be provided under this section with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted) that occurs-- ``(1) while the employee serves on active duty for a period of more than 30 days; ``(2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). ``(d) Effect of Failure To Return to Employment.--(1) If an employee described in subsection (a), with respect to whom reimbursement is provided to a State or local government under this section, fails to report or apply for employment or reemployment with the State or local government by the end of the period referred to in subsection (c)(3), the employee shall refund to the Secretary concerned the total amount of the reimbursement provided with respect to the employee. ``(2) Subject to paragraph (3), an obligation to refund moneys to the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. ``(3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. ``(4) A discharge in bankruptcy under title 11 that is entered less than five years after the end of the period referred to in subsection (c)(3) does not discharge the employee from a debt arising under paragraph (1). This paragraph applies to any case commenced under title 11 after the date of the enactment of this section. ``(e) Regulations.--The Secretaries concerned shall prescribe regulations to carry out this section. ``(f) Definitions.--In this section: ``(1) The term `civilian compensation' means the wages or salary that an employee of a State or local government normally receives from the employee's employment by the State or local government. ``(2) The term `local government' means an agency or political subdivision of a State. ``(3) The term `military pay' has the meaning given the term `pay' in section 101(21) of this title. ``(4) The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories or possessions of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 37, is amended by inserting after the item relating to section 909 the following new item: ``911. Assistance for State and local governments that continue to pay employees who serve on active duty.''. (c) Application of Amendment.--Section 911 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act. SEC. 6. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT ADDED TO GENERAL BUSINESS CREDIT. (a) Addition of Credit.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business- related credits) is amended by adding at the end the following new section: ``SEC. 45N. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of an employer, the active-duty reserve component employee credit determined under this section for the taxable year is an amount equal to 50 percent of the compensation paid by the employer to an employee who is also a member of a reserve component during the taxable year when the employee was absent from employment for a reason described in subsection (b). ``(b) Limitation.--The amount allowed as a credit under subsection (a) shall not exceed 50 percent of the difference (if any) between-- ``(1) the amount of compensation that would otherwise have been payable to the employee during such absence if the employee's employment with the employer had not been interrupted by the employee's absence; and ``(2) the amount of military pay that is payable to the employee during the absence. ``(c) Covered Pay Periods.--Subsection (a) shall apply with respect to an employee who is also a member of a reserve component-- ``(1) while the employee serves on active duty for a period of more than 30 days; ``(2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in paragraph (2). ``(d) Days Not Taken Into Account.--No credit shall be allowed under subsection (a) with respect to an employee on any day on which the employee was not scheduled to work (for a reason other than such service on active duty) and ordinarily would not have worked. ``(e) Definitions.--For purposes of this section-- ``(1) The terms `active duty for a period of more than 30 days', `member', and `reserve component' have the meanings given such terms in section 101 of title 37, United States Code. ``(2) The term `compensation' means any remuneration for employment, whether in cash or in kind, which is paid or incurred by a taxpayer and which is deductible from the taxpayer's gross income under section 162(a)(1).''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the active-duty reserve component employee credit determined under section 45N(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Active-duty reserve component employee credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.", "summary": "Strengthening the Transition and Reintegration of the National Guard and Reserves Act or STRONGR Act - Provides an additional 180-day period of military mental health care coverage for members of the reserves separated from service following active duty of more than 30 days in support of a contingency operation. Increases the amount of basic educational assistance under the Montgomery GI Bill for members of the Selected Reserve and reserve personnel supporting contingency operations. Entitles a federal employee who is a member of a reserve component to receive the difference in pay between military compensation and civilian compensation during periods of active duty exceeding 30 days. Directs the Secretary of the military department concerned to reimburse states or local governments for 50% of the civilian compensation paid by such governments to equalize military and civilian pay. Increases the reimbursement rate to 100% if active duty extends beyond nine months. Amends the Internal Revenue Code to establish an active-duty reserve component employee credit for employers who provide compensation to employees on active duty."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Cash and Counseling Program Act of 2005''. SEC. 2. OPTIONAL CHOICE OF SELF-DIRECTED PERSONAL ASSISTANCE SERVICES (CASH AND COUNSELING). (a) Exemption From Certain Requirements.--Section 1915 of the Social Security Act (42 U.S.C. 1396n) is amended by adding at the end the following new subsection: ``(i)(1) A State may provide, as `medical assistance', payment for part or all of the cost of self-directed personal assistance services (other than room and board) under the plan which are provided pursuant to a written plan of care to individuals with respect to whom there has been a determination that, but for the provision of such services, the individuals would require and receive personal care services under the plan, or home and community-based services provided pursuant to a waiver under sub-section (c). Self-directed personal assistance services may not be provided under this subsection to individuals who reside in a home or property that is owned, operated, or controlled by a provider of services, not related by blood or marriage. ``(2) The Secretary shall not grant approval for a State self- directed personal assistance services program under this section unless the State provides assurances satisfactory to the Secretary of the following: ``(A) Necessary safeguards have been taken to protect the health and welfare of individuals provided services under the program, and to assure financial accountability for funds expended with respect to such services. ``(B) The State will provide, with respect to individuals who-- ``(i) are entitled to medical assistance for personal care services under the plan, or receive home and community-based services under a waiver granted under subsection (c); ``(ii) may require self-directed personal assistance services; and ``(iii) may be eligible for self-directed personal assistance services, an evaluation of the need for personal care under the plan, or personal services under a waiver granted under subsection (c). ``(C) Such individuals who are determined to be likely to require personal care under the plan, or home and community- based services under a waiver granted under subsection (c) are informed of the feasible alternatives, if available under the State's self-directed personal assistance services program, at the choice of such individuals, to the provision of personal care services under the plan, or personal assistance services under a waiver granted under subsection (c). ``(D) The State will provide for a support system that ensures participants in the self-directed personal assistance services program are appropriately assessed and counseled prior to enrollment and are able to manage their budgets. Additional counseling and management support may be provided at the request of the participant. ``(E) The State will provide to the Secretary an annual report on the number of individuals served and total expenditures on their behalf in the aggregate. The State shall also provide an evaluation of overall impact on the health and welfare of participating individuals compared to non- participants every three years. ``(3) A State may provide self-directed personal assistance services under the State plan without regard to the requirements of section 1902(a)(1) and may limit the population eligible to receive these services and limit the number of persons served without regard to section 1902(a)(10)(B). ``(4)(A) For purposes of this subsection, the term `self-directed personal assistance services' means personal care and related services, or home and community-based services otherwise available under the plan under this title or subsection (c), that are provided to an eligible participant under a self-directed personal assistance services program under this section, under which individuals, within an approved self- directed services plan and budget, purchase personal assistance and related services, and permits participants to hire, fire, supervise, and manage the individuals providing such services. ``(B) At the election of the State-- ``(i) a participant may choose to use any individual capable of providing the assigned tasks including legally liable relatives as paid providers of the services; and ``(ii) the individual may use the individual's budget to acquire items that increase independence or substitute (such as a microwave oven or an accessibility ramp) for human assistance, to the extent that expenditures would otherwise be made for the human assistance. ``(5) For purpose of this section, the term `approved self-directed services plan and budget' means, with respect to a participant, the establishment of a plan and budget for the provision of self-directed personal assistance services, consistent with the following requirements: ``(A) Self-direction.--The participant (or in the case of a participant who is a minor child, the participant's parent or guardian, or in the case of an incapacitated adult, another individual recognized by state law to act on behalf of the participant) exercises choice and control over the budget, planning, and purchase of self-directed personal assistance services, including the amount, duration, scope, provider and location of service provision. ``(B) Assessment of needs.--There is an assessment of the needs, strengths, and preferences of the participants for such services. ``(C) Service plan.--A plan for such services (and supports for such services) for the participant has been developed and approved by the State based on such assessment through a person-centered process that-- ``(i) builds upon the participant's capacity to engage in activities that promote community life and that respects the participant's preferences, choices and abilities; and ``(ii) involves families, friends, and professionals in the planning or delivery of services or supports as desired or required by the participant. ``(D) Service budget.--A budget for such services and supports for the participant has been developed and approved by the State based on such assessment and plan and on a methodology that uses valid, reliable cost data, is open to public inspection, and includes a calculation of the expected cost of such services if those services were not self-directed. The budget may not restrict access to other medically necessary care and services furnished under the plan and approved by the state but not included in the budget. ``(E) Application of quality assurance and risk management.--There are appropriate quality assurance and risk management techniques used in establishing and implementing such plan and budget that recognize the roles and responsibilities in obtaining services in a self-directed manner and assure the appropriateness of such plan and budget based upon the participant's resources and capabilities. ``(6) A State may employ a financial management entity to make payments to providers, track costs, and make reports under the program. Payment for the activities of the financial management entity shall be at the administrative rate established in section 1903(a).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to services furnished on or after January 1, 2006.", "summary": "Medicaid Cash and Counseling Program Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to allow a state to provide, as medical assistance, payment for the cost of self-directed personal assistance services (other than room and board) provided pursuant to a written plan of care to individuals who, but for such services, would require and receive personal care services under the plan, or home and community-based services provided pursuant to a waiver. Prohibits the provision of self-directed personal assistamce services to individuals who reside in a home or property owned, operated, or controlled by a service provider not related by blood or marriage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Manhattan Project National Historical Park Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Manhattan Project was an unprecedented top-secret program implemented during World War II to produce an atomic bomb before Nazi Germany; (2) a panel of experts convened by the President's Advisory Council on Historic Preservation in 2001-- (A) stated that ``the development and use of the atomic bomb during World War II has been called `the single most significant event of the 20th century'''; and (B) recommended that nationally significant sites associated with the Manhattan Project be formally established as a collective unit and be administered for preservation, commemoration, and public interpretation in cooperation with the National Park Service; (3) the Manhattan Project National Historical Park Study Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary of the Interior, in consultation with the Secretary of Energy, to conduct a special resource study of the historically significant sites associated with the Manhattan Project to assess the national significance, suitability, and feasibility of designating one or more sites as a unit of the National Park System; (4) after significant public input, the National Park Service study found that ``including Manhattan Project-related sites in the national park system will expand and enhance the protection and preservation of such resources and provide for comprehensive interpretation and public understanding of this nationally significant story in the 20th century American history''; (5) the Department of the Interior, with the concurrence of the Department of Energy, recommended the establishment of a Manhattan Project National Historical Park comprised of resources at-- (A) Oak Ridge, Tennessee; (B) Los Alamos, New Mexico; and (C) Hanford, in the Tri-Cities area, Washington; and (6) designation of a Manhattan Project National Historical Park as a unit of the National Park System would improve the preservation of, interpretation of, and access to the nationally significant historic resources associated with the Manhattan Project for present and future generations to gain a better understanding of the Manhattan Project, including the significant, far-reaching, and complex legacy of the Manhattan Project. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to preserve and protect for the benefit of present and future generations the nationally significant historic resources associated with the Manhattan Project; (2) to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project; (3) to enhance public access to the Historical Park consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and (4) to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project. SEC. 4. DEFINITIONS. In this Act: (1) Historical park.--The term ``Historical Park'' means the Manhattan Project National Historical Park established under section 5. (2) Manhattan project.--The term ``Manhattan Project'' means the Federal program to develop an atomic bomb ending on December 31, 1946. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK. (a) Establishment.-- (1) Date.--Not later than 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park. (2) Areas included.--The Historical Park shall consist of facilities and areas listed under subsection (b) as determined by the Secretary, in consultation with the Secretary of Energy. The Secretary shall include the area referred to in subsection (b)(3)(A), the B Reactor National Historic Landmark, in the Historical Park. (b) Eligible Areas.--The Historical Park may only be comprised of one or more of the following areas, or portions of the areas, and depicted in the map titled ___ and numbered ____: (1) Oak ridge, tennessee.--Facilities, land, or interests in land that are-- (A) at Buildings 9204-3 and 9731 at the Y-12 National Security Complex; (B) at the X-10 Graphite Reactor at the Oak Ridge National Laboratory; (C) at the K-25 Building site at the East Tennessee Technology Park; and (D) at the former Guest House located at 210 East Madison Road. (2) Los alamos, new mexico.--Facilities, land, or interests in land that are-- (A) in the Los Alamos Scientific Laboratory National Historic Landmark District, or any addition to the Landmark District proposed in the National Historic Landmark Nomination--Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA-UR 12-00387 (January 26, 2012); (B) at the former East Cafeteria located at 1670 Nectar Street; and (C) at the former dormitory located at 1725 17th Street. (3) Hanford, washington.--Facilities, land, or interests in land that are-- (A) the B Reactor National Historic Landmark; (B) the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District; (C) the White Bluffs Bank building in the White Bluffs Historic District; (D) the warehouse at the Bruggemann's Agricultural Complex; (E) the Hanford Irrigation District Pump House; and (F) the T Plant (221-T Process Building). (c) Written Consent of Owner.--No non-Federal property may be included in the Historical Park without the written consent of the owner. SEC. 6. AGREEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Los Alamos, and Richland site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is to be included in the Historical Park under section 5(b), including provisions for enhanced public access, management, interpretation, and historic preservation. (b) Responsibilities of the Secretary.--Any agreement under subsection (a) shall provide that the Secretary shall-- (1) have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and (2) ensure that the agreement provides an appropriate advisory role for the National Park Service in preserving the historic resources covered by the agreement. (c) Responsibilities of the Secretary of Energy.--Any agreement under subsection (a) shall provide that the Secretary of Energy-- (1) shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) may consult with and provide historical information to the Secretary concerning the Manhattan Project; (3) shall retain responsibility, in accordance with applicable law, for any environmental remediation that may be necessary in or around the facilities, land, or interests in land governed by the agreement; and (4) shall retain authority and legal obligations for historic preservation and general maintenance, including to ensure safe access, in connection with the Department's Manhattan Project resources. (d) Amendments.--The agreement under subsection (a) may be amended, including to add to the Historical Park facilities, land, or interests in land within the eligible areas described in section 5(b) that are under the jurisdiction of the Secretary of Energy. SEC. 7. PUBLIC PARTICIPATION. (a) In General.--The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public-- (1) before executing any agreement under section 6; and (2) in the development of the general management plan under section 8(b). (b) Notice of Determination.--Not later than 30 days after the date on which an agreement under section 6 is entered into, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map. (c) Availability of Map.--The official boundary map published under subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. The map shall be updated to reflect any additions to the Historical Park from eligible areas described in section 5(b). (d) Additions.--Any land, interest in land, or facility within the eligible areas described in section 5(b) that is acquired by the Secretary or included in an amendment to the agreement under section 6(d) shall be added to the Historical Park. SEC. 8. ADMINISTRATION. (a) In General.--The Secretary shall administer the Historical Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) General Management Plan.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary, with the concurrence of the Secretary of Energy, and in consultation and collaboration with the Oak Ridge, Los Alamos and Richland Department of Energy site offices, shall complete a general management plan for the Historical Park in accordance with section 12(b) of Public Law 91-383 (commonly known as the ``National Park Service General Authorities Act'') (16 U.S.C. 1a-7(b)). (c) Interpretive Tours.--The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park. (d) Land Acquisition.-- (1) In general.--The Secretary may acquire land and interests in land within the eligible areas described in section 5(b) by-- (A) transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy; (B) donation; or (C) exchange. (2) No use of condemnation.--The Secretary may not acquire by condemnation any land or interest in land under this Act or for the purposes of this Act. (e) Donations; Cooperative Agreements.-- (1) Federal facilities.-- (A) In general.--The Secretary may enter into one or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency. (B) Donations; cooperative agreements.--The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under subparagraph (A) or to provide visitor services and administrative facilities within reasonable proximity to the Historical Park. (2) Technical assistance.--The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park. (3) Donations to department of energy.--For the purposes of this Act, or for the purpose of preserving and providing access to historically significant Manhattan Project resources, the Secretary of Energy may accept, hold, administer, and use gifts, bequests, and devises (including labor and services). SEC. 9. CLARIFICATION. (a) No Buffer Zone Created.--Nothing in this Act, the establishment of the Historical Park, or the management plan for the Historical Park shall be construed to create buffer zones outside of the Historical Park. That an activity can be seen and heard from within the Historical Park shall not preclude the conduct of that activity or use outside the Historical Park. (b) No Cause of Action.--Nothing in this Act shall constitute a cause of action with respect to activities outside or adjacent to the established boundary of the Historical Park.", "summary": "Manhattan Project National Historical Park Act - (Sec. 5) Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in land in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. Requires inclusion of the B Reactor National Historic Landmark in Hanford. (Sec. 6) Directs the Secretary of the Interior (the Secretary) and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under DOE's jurisdiction to be included in the Park. Requires the Secretary under any such agreement to: (1) have decisionmaking authority for the content of the historic interpretation of the Manhattan Project for purposes of administering the Historical Park, and (2) ensure that the agreement provides for an appropriate advisory role for the National Park Service (NPS) in preserving the historic resources covered by the agreement. Requires the DOE Secretary under any such agreement to: (1) ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of DOE at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) retain responsibility for any necessary environmental remediation; and (3) retain authority and legal obligations for historic preservation and general maintenance. (Sec. 7) Requires the Secretary to consult with interested state, county, and local officials, and members of the public before executing any such agreement and in developing the general management plan. (Sec. 8) Requires the Secretary to develop a general management plan for the Park in consultation and collaboration with the Oak Ridge, Los Alamos, and Richland DOE site offices. Authorizes the Secretary to provide interpretive tours of historically significant Manhattan Project sites and resources that are located outside the boundary of the Park. Prohibits the acquisition by condemnation of any land or interest in land for the purposes of this Act. Authorizes the Secretary to: (1) enter into agreements with federal agencies to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under their control; and (2) accept donations from, and enter into cooperative agreements with, state governments, local governments, tribal governments, organizations, or individuals to further the purpose of such an interagency agreement, or to provide visitor services and administrative facilities within proximity to the Historical Park. Authorizes the Secretary to provide technical assistance to such governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included in the Historical Park. (Sec. 9) Prohibits anything in this Act, the establishment of the Historical Park, or the management plan for the Historical Park from being construed as creating buffer zones outside of the Park. Prohibits anything in this Act from constituting a cause of action respecting activities outside or adjacent to the established boundary of the Park."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghanistan and Central Asian Republics Sustainable Food Production Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) abject poverty and the inability to produce food, even at the subsistence level, in the rural, mountainous areas of Afghanistan and the Central Asian Republics have plagued the region for over 20 years; (2) extended food shortages in this region have resulted in the consumption of seed supplies and breeding livestock necessary to continue farming and food production; (3) ongoing and violent conflict in the region has badly damaged or destroyed the basic irrigation systems necessary for food production; (4) despite the delivery of over $185,000,000 in aid from the United States in fiscal year 2001 toward humanitarian assistance needs in Afghanistan, millions of people remain at risk of severe malnutrition and starvation in the short- and long-terms; (5) on October 4, 2001, President George W. Bush announced that the people of Afghanistan, and the governments of Pakistan, Iran, Tajikistan, Uzbekistan, and Turkmenistan will receive an additional $320,000,000 humanitarian assistance package for emergency food and refugee assistance to address the region's immediate needs during the war on terrorism; and (6) in addition to addressing short-term emergency assistance needs in Afghanistan and the mountainous regions of the Central Asian Republics, addressing the long-term food production and rural development issues in region will be critical to attaining some stability in the region. SEC. 3. ASSISTANCE. (a) Assistance.--The Administrator of the United States Agency for International Development shall provide assistance in accordance with the provisions of this Act to develop sustainable food production for Afghanistan and the mountainous regions of other countries of Central Asia through restocking seed, replacing breeding livestock, restoring basic irrigation systems, and providing access to credit for food production, processing, or marketing enterprises through rural microenterprise loan programs. (b) Program Objectives.-- (1) In general.--In providing assistance under subsection (a), the Administrator shall provide only grants to nongovernmental organizations for the purpose of carrying out the activities described in paragraph (2) in Afghanistan and the other countries of Central Asia in accordance with this section. (2) Activities supported.-- (A) In general.--Among the activities for which the Administrator may provide grants shall be-- (i) procurement of seed for local food production; (ii) replacement of breeding livestock; (iii) restoration of basic irrigation systems; (iv) establishment of access to credit for food production, processing, or marketing enterprises through rural microenterprise loan programs; and (v) providing technical assistance. (B) Limitation.--Amounts received under a grant shall not be used to carry out activities related to emergencies or disasters. (3) Applications.--A nongovernmental organization that desires to receive a grant under this section shall submit an application for the grant to the Administrator. The application should be developed by the nongovernmental organization in close consultation with local indigenous entities, or associated persons of a village or villages, located in the country within which the activities supported by the grant will be carried out. (4) Implementation of program objectives.--In carrying out the objectives of paragraph (1), the Administrator shall-- (A) coordinate the activities with governments of other countries authorized to receive grants under this section, local and regional governments of such countries, nongovernmental organizations operating in such countries, and private donors; (B) provide minimal supplementary grants for associated administrative costs to the national and regional governments of the country for which grants to nongovernmental organizations are approved under this section; (C) provide oversight of grants disbursed under this section, including procedures under which a nongovernmental organization that misuses grant funds or otherwise fails to adequately carry out the activities described in paragraph (2) should be disqualified from receiving additional grants under this section for not less than 1 year; and (D) coordinate efforts with national, regional, and local government officials to conduct an annual review of disbursement of grant funds and the effectiveness of activities carried out with grant funds. (c) Restriction Relating to the Use of United States Funds in Afghanistan.--Funds made available under this Act shall not be used during a fiscal year for any activity in Afghanistan which is described in subsection (b)(2) unless the Secretary of State certifies for the fiscal year that there has been substantial progress made toward the establishment of a government in Afghanistan that meets the following requirements: (1) The government includes broad representation from the diverse ethnic and religious groups of Afghanistan, including both men and women from such groups. (2) The government does not sponsor terrorism or harbor terrorists. (3) The government demonstrates a strong and determined commitment to eliminating the production of opium-producing poppies. (4) The government meets the conditions outlined in the United Nations Universal Declaration of Human Rights. SEC. 4. ADMINISTRATION. It is the sense of the Congress that the Administrator should establish-- (1) criteria for the selection of projects to receive support under this Act; (2) standards and criteria regarding qualifications of recipients of such support; (3) such rules and procedures as may be necessary for projects that receive support under this Act; (4) such rules and procedures as may be necessary to ensure transparency and accountability in the grant-making process; and (5) criteria for an annual review process for all projects receiving grants. SEC. 5. REPORTS TO CONGRESS. (a) Annual Reports by Administrator.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the subsequent 4 fiscal years, the Administrator shall submit to the appropriate committees of Congress a report on the implementation of this Act. (2) Report elements.--The report shall include a description of-- (A) the programs, projects, and activities supported by grants made under this Act; (B) the criteria that have been established that are used to determine the programs and activities that should be assisted by grants made under this Act; (C) an assessment regarding the extent to which the Government of Afghanistan does or does not meet the requirements of section 3(c) for that fiscal year; and (D) with respect to a fiscal year for which Afghanistan is eligible to receive a grant under section 3, the impact of programming on food production and rural development in Afghanistan. (b) GAO Report on Effectiveness.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report evaluating the effectiveness of grants made under this Act, including the effectiveness of the programs, projects, and activities described in subsection (a)(2)(A) in building sustainable food production and rural microenterprise loans in the countries authorized to receive grants under this section. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. In addition to any other funds authorized to be appropriated for bilateral programs related to sustainable food production and microenterprise systems, there is authorized to be appropriated to the Administrator $25,000,000 for fiscal year 2002 and $50,000,000 for each of the fiscal years 2003 through 2006 to carry out this Act. Of the amount appropriated pursuant to the authorization of appropriations under the preceding sentence for a fiscal year 60 percent should be designated for grants for Afghanistan. SEC. 7. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate committees.--The term ``appropriate committees'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives. (3) Other countries of central asia.--The term ``other countries of Central Asia'' means Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan.", "summary": "Afghanistan and Central Asian Republics Sustainable Food Production Act of 2001 - Directs the Administrator of the United States Agency for International Development to provide financial assistance to nongovernmental organizations carrying out rural developmental activities in Afghanistan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. Stipulates the aid shall be used for: (1) restocking seed; (2) replacing breeding livestock; (3) restoring basic irrigation systems; (4) providing access to credit for food production, processing or marketing enterprises through rural microenterprise loan programs; and (5) technical assistance. Places human rights and other conditions on the government of Afghanistan for projects to be funded in Afghanistan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Radio Broadcasting Preservation Act of 2000''. SEC. 2. MODIFICATIONS TO LOW-POWER FM REGULATIONS REQUIRED. (a) Third-Adjacent Channel Protections Required.-- (1) Modifications required.--The Federal Communications Commission shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99- 25, to-- (A) prescribe minimum distance separations for third-adjacent channels (as well as for co-channels and first- and second-adjacent channels); and (B) prohibit any applicant from obtaining a low- power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of section 301 of the Communications Act of 1934 (47 U.S.C. 301). (2) Congressional authority required for further changes.-- The Federal Communications Commission may not-- (A) eliminate or reduce the minimum distance separations for third-adjacent channels required by paragraph (1)(A); or (B) extend the eligibility for application for low- power FM stations beyond the organizations and entities as proposed in MM Docket No. 99-25 (47 CFR 73.853), except as expressly authorized by Act of Congress enacted after the date of the enactment of this Act. (3) Validity of prior actions.--Any license that was issued by the Commission to a low-power FM station prior to the date on which the Commission modify its rules as required by paragraph (1) and that does not comply with such modifications shall be invalid. (b) Further Evaluation of Need for Third-Adjacent Channel Protections.-- (1) Pilot program required.--The Federal Communications Commission shall conduct an experimental program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if such stations are not subject to the minimum distance separations for third- adjacent channels required by subsection (a). The Commission shall conduct such test in no more than nine FM radio markets, including urban, suburban, and rural markets, by waiving the minimum distance separations for third-adjacent channels for the stations that are the subject of the experimental program. At least one of the stations shall be selected for the purpose of evaluating whether minimum distance separations for third- adjacent channels are needed for FM translator stations. The Commission may, consistent with the public interest, continue after the conclusion of the experimental program to waive the minimum distance separations for third-adjacent channels for the stations that are the subject of the experimental program. (2) Conduct of testing.--The Commission shall select an independent testing entity to conduct field tests in the markets of the stations in the experimental program under paragraph (1). Such field tests shall include-- (A) an opportunity for the public to comment on interference; and (B) independent audience listening tests to determine what is objectionable and harmful interference to the average radio listener. (3) Report to congress.--The Commission shall publish the results of the experimental program and field tests and afford an opportunity for the public to comment on such results. The Federal Communications Commission shall submit a report on the experimental program and field tests to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than February 1, 2001. Such report shall include-- (A) an analysis of the experimental program and field tests and of the public comment received by the Commission; (B) an evaluation of the impact of the modification or elimination of minimum distance separations for third-adjacent channels on-- (i) listening audiences; (ii) incumbent FM radio broadcasters in general, and on minority and small market broadcasters in particular, including an analysis of the economic impact on such broadcasters; (iii) the transition to digital radio for terrestrial radio broadcasters; (iv) stations that provide a reading service for the blind to the public; and (v) FM radio translator stations; (C) the Commission's recommendations to the Congress to reduce or eliminate the minimum distance separations for third-adjacent channels required by subsection (a); and (D) such other information and recommendations as the Commission considers appropriate.", "summary": "Prohibits the FCC, without specific authorization by Congress, from: (1) eliminating or reducing such minimum distance separations for third-adjacent channels; or (2) extending the eligibility for low-power FM stations beyond those organizations and entities proposed in MM Docket No. 99-25. Invalidates any previously issued low-power FM station license that does not comply with such rule modifications. Directs the FCC to conduct an experimental program to test whether low- power FM stations will result in harmful interference to existing FM radio stations if such stations are not subject to the minimum distance separation requirements. Requires the FCC to: (1) publish test results and allow an opportunity for public comment; and (2) report test results and FCC recommendations on reducing or eliminating minimum distance standards to specified congressional committees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Readiness Enhancement Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to institute in the Armed Forces a policy of nondiscrimination based on sexual orientation. SEC. 3. REPEAL OF 1993 POLICY CONCERNING HOMOSEXUALITY IN THE ARMED FORCES. The following provisions of law are repealed: (1) Section 654 of title 10, United States Code. (2) Subsections (b), (c), and (d) of section 571 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 note). SEC. 4. ESTABLISHMENT OF POLICY OF NONDISCRIMINATION BASED ON SEXUAL ORIENTATION IN THE ARMED FORCES. (a) Establishment of Policy.-- (1) In general.--Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 656. Policy of nondiscrimination based on sexual orientation in the armed forces ``(a) Policy.--The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may not discriminate on the basis of sexual orientation against any member of the armed forces or against any person seeking to become a member of the armed forces. ``(b) Discrimination on Basis of Sexual Orientation.--For purposes of this section, discrimination on the basis of sexual orientation is-- ``(1) in the case of a member of the armed forces, the taking of any personnel or administrative action (including any action relating to promotion, demotion, evaluation, selection for an award, selection for a duty assignment, transfer, or separation) in whole or in part on the basis of sexual orientation; and ``(2) in the case of a person seeking to become a member of the armed forces, denial of accession into the armed forces in whole or in part on the basis of sexual orientation. ``(c) Personnel and Administrative Policies and Action.--The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may not establish, implement, or apply any personnel or administrative policy, or take any personnel or administrative action (including any policy or action relating to promotions, demotions, evaluations, selections for awards, selections for duty assignments, transfers, or separations) in whole or in part on the basis of sexual orientation. ``(d) Rules and Policies Regarding Conduct.--Nothing in this section prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from prescribing or enforcing regulations governing the conduct of members of the armed forces if the regulations are designed and applied without regard to sexual orientation. ``(e) Re-Accession of Otherwise Qualified Persons Permitted.--Any person separated from the armed forces on the basis of sexual orientation in accordance with laws and regulations in effect before the date of the enactment of this section, if otherwise qualified for re-accession into the armed forces, shall not be prohibited from re- accession into the armed forces on the sole basis of such separation. ``(f) Sexual Orientation.--In this section, the term `sexual orientation' means heterosexuality, homosexuality, or bisexuality, whether the orientation is real or perceived, and includes statements and consensual sexual conduct that is not otherwise illegal manifesting heterosexuality, homosexuality, or bisexuality.''. (2) Clerical amendments.--The table of sections at the beginning of chapter 37 of such title is amended-- (A) by striking the item relating to section 654; and (B) by adding at the end the following new item: ``656. Policy of nondiscrimination based on sexual orientation in the armed forces.''. (b) Conforming Amendments.--Title 10, United States Code, is amended as follows: (1) Section 481 is amended-- (A) In subsection (a)(2), by inserting ``, including sexual orientation discrimination,'' after ``discrimination'' in subparagraphs (C) and (D); and (B) in subsection (c), by inserting ``and sexual orientation-based'' after ``gender-based'' both places it appears. (2) Section 983(a)(1) is amended by striking ``(in accordance with section 654 of this title and other applicable Federal laws)''. (3) Section 1034(i)(3) is amended by inserting ``sexual orientation,'' after ``sex,''. SEC. 5. BENEFITS. Nothing in this Act, or the amendments made by this Act, shall be construed to require the furnishing of dependent benefits in violation of section 7 of title 1, United States Code (relating to the definitions of ``marriage'' and ``spouse'' and referred to as the ``Defense of Marriage Act''). SEC. 6. NO PRIVATE CAUSE OF ACTION FOR DAMAGES. Nothing in this Act, or the amendments made by this Act, shall be construed to create a private cause of action for damages. SEC. 7. REVIEW AND IMPLEMENTATION. (a) Pentagon Working Group.-- (1) Establishment.--The Secretary of Defense shall establish in the Department of Defense a working group (to be known as the ``Pentagon Working Group'') to make recommendations to the Secretary regarding the implementation of this Act and the amendments made by this Act. (2) Treatment of existing working group.--If there exists in the Department as of the date of the enactment of this Act a working group on recommendations regarding the repeal of section 654 of title 10, United States Code, the Secretary may treat the working group as the working group required by paragraph (1) for purposes of this section. (b) Working Group Recommendations.-- (1) Submittal to secretary of defense.--Not later than 270 days after the date of the enactment of this Act, the working group under subsection (a) shall submit to the Secretary of Defense a written report setting forth such recommendations as the working group considers appropriate for a revision of Department of Defense regulations, or the issuance of new regulations, to implement this Act and the amendments made by this Act. (2) Submittal to congress.--The report under paragraph (1) shall also be submitted to the Committees on Armed Services of the Senate and the House of Representatives. (c) Regulations.-- (1) Revisions required.--Not later than 60 days after receipt of the report required by subsection (b)(1), the Secretary of Defense shall revise Department of Defense regulations, and shall issue such new regulations as may be necessary, to implement this Act and the amendments made by this Act. The Secretary of Defense shall further direct the Secretary of each military department to revise regulations of that military department in accordance with this Act, not later than 120 days after the Secretary of Defense receives the report required by subsection (b)(1). (2) Elements.--The revisions required by paragraph (1) shall include the following: (A) Revision of all equal opportunity and human relations regulations, directives, and instructions to add sexual orientation nondiscrimination to the Department of Defense Equal Opportunity policy and to related human relations training programs. (B) Revision of Department of Defense and military department personnel regulations to eliminate procedures for involuntary discharges based on sexual orientation. (C) Revision of Department of Defense and military department regulations governing victims' advocacy programs to include sexual orientation discrimination among the forms of discrimination for which members of the Armed Forces and their families may seek assistance. (D) Revision of any Department of Defense and military department regulations as necessary to ensure that regulations governing the personal conduct of members of the Armed Forces are written and enforced without regard to sexual orientation. (d) Sexual Orientation Defined.--In this section, the term ``sexual orientation'' has the meaning given that term in section 656(f) of title 10, United States Code, as added by section 4(a). SEC. 8. REPORT. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment of the compliance of institutions of higher education with section 983 of title 10, United States Code (as amended by section 4(b)), and describing the actions, if any, taken by the Secretary to effect the denial of funds authorized in that section to an institution of higher education that continues to prohibit, or in effect prevent, the Secretary or a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officers' Training Corps at that institution (or any subelement of that institution).", "summary": "Military Readiness Enhancement Act of 2010 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense (Secretary), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated on the basis of sexual orientation. Directs the Secretary to establish in DOD the Pentagon Working Group to report recommendations regarding the implementation of this Act. Requires such report to be submitted to the congressional defense committees. Requires the Secretary to: (1) revise DOD regulations and issue new regulations as necessary to implement this Act; and (2) direct each military department Secretary to do the same. Directs the Secretary to report on the compliance of institutions of higher education with federal law concerning the denial of access by such institutions to Reserve Officer Training Corps (ROTC) military recruiting on campus, as well as a description of actions taken to effect the denial of certain federal funding to institutions that continue to prevent ROTC access."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Putting Main Street FIRST Act'' or as the ``Putting Main Street FIRST: Finishing Irresponsible Reckless Speculative Trading Act''. SEC. 2. TRANSACTION TAX. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Trading Transactions ``Sec. 4475. Tax on trading transactions. ``SEC. 4475. TAX ON TRADING TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed a tax on each covered transaction with respect to any security. ``(b) Rate of Tax.--The tax imposed under subsection (a) with respect to any covered transaction shall be 0.03 percent of the specified base amount with respect to such covered transaction. ``(c) Specified Base Amount.--For purposes of this section, the term `specified base amount' means-- ``(1) except as provided in paragraph (2), the fair market value of a security (determined as of the time of the covered transaction), and ``(2) in the case of any payment with respect to a derivative, the amount of such payment. ``(d) Covered Transaction.--For purposes of this section-- ``(1) In general.--The term `covered transaction' means-- ``(A) except as provided in subparagraph (B), any purchase if-- ``(i) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, or ``(ii) the purchaser or seller is a United States person, and ``(B) any transaction with respect to a derivative if-- ``(i) such derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, or ``(ii) any party with rights under such derivative is a United States person. ``(2) Exceptions from tax.-- ``(A) Exception for initial issues.--No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1). ``(B) Exception for certain traded short-term indebtedness.--A note, bond, debenture, or other evidence of indebtedness which-- ``(i) is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, and ``(ii) has a fixed maturity of not more than 100 days, shall not be treated as described in subsection (e)(1)(C). ``(e) Definitions.--For purposes of this section-- ``(1) Security.--The term `security' means-- ``(A) any share of stock in a corporation, ``(B) any partnership or beneficial ownership interest in a partnership or trust, ``(C) any note, bond, debenture, or other evidence of indebtedness, and ``(D) any derivative. ``(2) Derivative.-- ``(A) In general.--The term `derivative' means any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or other transfer with respect to which, is (directly or indirectly) determined by reference to one or more of the following: ``(i) Any security described in subparagraph (A), (B), or (C) of paragraph (1). ``(ii) Any commodity which is actively traded (within the meaning of section 1092(d)(1)). ``(iii) Any currency. ``(iv) Any rate, price, amount, index, formula, or algorithm. ``(v) Any other item as the Secretary may prescribe. Such term shall not include any item described in clauses (i) through (v). ``(B) Exceptions from treatment as derivatives.-- ``(i) Securities lending, sale-repurchase, and similar financing transactions.--To the extent provided by the Secretary, the term `derivative' shall not include the right to the return of the same or substantially identical securities transferred in a securities lending transaction, sale-repurchase transaction, or similar financing transaction. ``(ii) Insurance contracts, annuities, and endowments.--The term `derivative' shall not include any insurance, annuity, or endowment contract issued by an insurance company to which subchapter L applies (or issued by any foreign corporation to which such subchapter would apply if such foreign corporation were a domestic corporation). ``(3) Qualified board or exchange.--The term `qualified board or exchange' has the meaning given such term by section 1256(g)(7). ``(f) By Whom Paid.-- ``(1) In general.--The tax imposed by this section shall be paid by-- ``(A) in the case of a transaction which occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, such qualified board or exchange, and ``(B) in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)) which is a United States person, such broker. ``(2) Special rules for direct, etc., transactions.--In the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by-- ``(A) in the case of a transaction described in subsection (d)(1)(A)-- ``(i) the purchaser if the purchaser is a United States person, and ``(ii) the seller if the purchaser is not a United States person, and ``(B) in the case of a transaction described in subsection (d)(1)(B)-- ``(i) the payor if the payor is a United States person, and ``(ii) the payee if the payor is not a United States person. ``(g) Treatment of Exchanges and Payments With Respect to Derivatives.--For purposes of this section-- ``(1) Treatment of exchanges.-- ``(A) In general.--An exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange. ``(B) Certain deemed exchanges.--In the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section. ``(2) Payments with respect to derivatives treated as separate transactions.--Except as otherwise provided by the Secretary, any payment with respect any derivative shall be treated as a separate transaction for purposes of this section. ``(h) Application to Transactions by Controlled Foreign Corporations.-- ``(1) In general.--For purposes of this section, a controlled foreign corporation shall be treated as a United States person. ``(2) Special rules for payment of tax on direct, etc., transactions.--In the case of any transaction which is a covered transaction solely by reason of paragraph (1) and which is not described in subsection (f)(1)-- ``(A) Payment by united states shareholders.--Any tax which would (but for this paragraph) be payable under subsection (f)(2) by the controlled foreign corporation shall, in lieu thereof, be paid by the United States shareholders of such controlled foreign corporation as provided in subparagraph (B). ``(B) Pro rata shares.--Each such United States shareholder shall pay the same proportion of such tax as-- ``(i) the stock which such United States shareholder owns (within the meaning of section 958(a)) in such controlled foreign corporation, bears to ``(ii) the stock so owned by all United States shareholders in such controlled foreign corporation. ``(C) Definitions.--For purposes of this subsection, the terms `United States shareholder' and `controlled foreign corporation' have the meanings given such terms in sections 951(b) and 957(a), respectively. ``(i) Administration.--The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. ``(j) Guidance; Regulations.--The Secretary shall-- ``(1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and ``(2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions.''. (b) Credit With Respect to Certain Tax-Favored Accounts To Offset Transaction Tax.--Subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 36B the following new section: ``SEC. 36C. OFFSET FOR TRANSACTION TAX ON CONTRIBUTIONS TO CERTAIN TAX- FAVORED ACCOUNTS. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 0.03 percent of the qualified tax-favored account contributions of the taxpayer for the taxable year. ``(b) Qualified Tax-Favored Account Contributions.--For purposes of this section, the term `qualified tax-favored account contributions' means, with respect to any taxable year, the sum of-- ``(1) with respect to qualified retirement plans (as defined in section 4974(c)) of the taxpayer, the amount contributed to such plans for such taxable year to the extent that such contributions are allowable as a deduction or are excludable from gross income (or, in the case of a Roth IRA (as defined in section 408A(b)), the amount contributed), ``(2) with respect to Archer MSAs of the taxpayer, the amount allowed as a deduction under section 220 for such taxable year, ``(3) with respect to health savings accounts of the taxpayer, the amount allowed as a deduction under section 223 for such taxable year, plus ``(4) with respect to qualified tuition programs (as defined in section 529), qualified ABLE programs (as defined in section 529A), and Coverdell education savings accounts (as defined in section 530), with respect to which the taxpayer is the designated beneficiary (or, in the case of a designated beneficiary with respect to whom another taxpayer is allowed a deduction under section 151, such other taxpayer in lieu of such designated beneficiary), the amount contributed for such taxable year.''. (c) Information Reporting With Respect to Controlled Foreign Corporations.--Section 6038(a)(1)(B) of such Code is amended by inserting ``and transactions which are covered transactions for purposes of section 4475 by reason of the application of section 4475(h)(1) to such corporation'' before the semicolon at the end. (d) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``, 36C'' after ``36B''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 37 the following new item: ``Sec. 36C. Offset for transaction tax on contributions to certain tax- favored accounts.''. (3) The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``subchapter c. tax on trading transactions''. (e) Effective Date.--The amendments made by this section shall apply to transactions after December 31, 2018.", "summary": "Putting Main Street FIRST Act or the Putting Main Street FIRST: Finishing Irresponsible Reckless Speculative Trading Act This bill amends the Internal Revenue Code to impose a .03% excise tax on the purchase of a security if: (1) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) the purchaser or seller is a U.S. person. A "security" includes: (1) any share of stock in a corporation, (2) any partnership or beneficial ownership interest in a partnership or trust; (3) any note, bond, debenture, or other evidence of indebtedness; and (4) derivatives that meet specified criteria. The tax applies to transactions with respect to a derivative if: (1) the derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) any party with rights under the derivative is a U.S. person. The bill exempts from such tax: (1) initial issues of securities; and (2) any note, bond, debenture, or other evidence of indebtedness which is traded on or is subject to the rules of, a qualified board or exchange located in the United States, and has a fixed maturity of not more than 100 days. The tax applies to transactions by a controlled foreign corporation and must be paid by its U.S. shareholders. The bill allows an offset against such tax for contributions to certain tax-favored savings accounts."}
{"article": "SECTION 1. MODIFICATIONS OF TREATMENT OF QUALIFIED ZONE ACADEMY BONDS. (a) Proceeds of Bonds May Be Used for Construction.--Paragraph (5) of section 1397E(d) of the Internal Revenue Code of 1986 (defining qualified purpose) is amended-- (1) by striking ``rehabilitating or repairing'' in subparagraph (A) and inserting ``constructing, rehabilitating, or repairing'', and (2) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following: ``(B) acquiring the land on which the facility is to be constructed,''. (b) Repeal of Limitation on Taxpayers Eligible for Credit.-- (1) In general.--Section 1397E(a) of such Code (relating to allowance of credit) is amended by striking ``an eligible taxpayer'' and inserting ``a taxpayer''. (2) Conforming amendment.--Section 1397E(d)(6) of such Code is amended to read as follows: ``(6) Bonds held by regulated investment companies.--If any qualified zone academy bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary.'' (c) Credits May Be Stripped.--Section 1397E of such Code is amended by adding at the end the following new subsection: ``(i) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified zone academy bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified zone academy bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon.'' (d) Allocation of Credit Authority.-- (1) Allocation of limitation.--Section 1397(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Allocation of limitation.-- ``(A) Allocation among states.-- ``(i) 1998, 1999, 2000, 2001, and 2002 limitations.--The national zone academy bond limitations for calendar years 1998, 1999, 2000, 2001, and 2002 shall be allocated by the Secretary among the States on the basis of their respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). ``(ii) Limitation after 2002.--The national zone academy bond limitation for any calendar year after 2002 shall be allocated by the Secretary among the States in proportion to the respective amounts each such State received for basic grants under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) for the most recent fiscal year ending before such calendar year. ``(B) Allocation to local educational agencies.-- The limitation amount allocated to a State under subparagraph (A) shall be allocated by the State to qualified zone academies within such State. ``(C) Designation subject to limitation amount.-- The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (a) with respect to any qualified zone academy shall not exceed the limitation amount allocated to such academy under subparagraph (B) for such calendar year.'' (2) Unused authority.--Section 1397E(e) of such Code (relating to limitation on amount of bonds designated) is amended-- (A) by striking ``If'' in paragraph (4) and inserting ``Except as provided in paragraph (5), if'', and (B) by adding at the end the following: ``(5) Reallocation for amounts unused for two years.-- Notwithstanding paragraph (4), rules similar to the rules of section 42(h)(3)(D) shall apply for purposes of this section.'' (e) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to obligations issued after December 31, 2001. (2) Repeal of restriction on zone academy bond holders.--In the case of bonds to which section 1397E of the Internal Revenue Code of 1986 (as in effect before the date of the enactment of this Act) applies, the limitation of such section to eligible taxpayers (as defined in subsection (d)(6) of such section) shall not apply after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to include construction as a \"qualified purpose\" for the spending of a \"qualified zone academy bond\" (95 percent of such bond proceeds must be spent on a \"qualified purpose\").Allows the credit retained by a regulated investment company for its holding of a zone academy bond to be distributed to the company's shareholders. Permits such credits to be stripped."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``First Responders Support Act of 2008''. SEC. 2. EXPANDING DISABILITY BENEFITS. (a) In General.--Section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended-- (1) in subsection (a)-- (A) by striking ``$250,000'' and inserting ``$350,000''; and (B) by striking ``subsection (h)'' and inserting ``subsection (h)(1)''; (2) in subsection (b)-- (A) by striking ``permanently and totally''; and (B) by striking ``, to the extent that appropriations are provided'' and all that follows and inserting ``a benefit in an amount determined in accordance with subsection (h)(2) to such officer.''; and (3) in subsection (h)-- (A) by striking ``the effective date of this subsection'' and inserting ``the date of enactment of the First Responders Support Act of 2008''; (B) by inserting ``(1)'' after ``(h)''; and (C) by adding at the end the following: ``(2)(A) Subject to subsection (b) and subparagraph (B) of this paragraph, the amount of a benefit paid under subsection (b) to a public safety officer who has become disabled as the direct result of a catastrophic injury sustained in the line of duty shall be in an amount equal to the benefit that is payable under subsection (a) in the applicable year, multiplied by the level of disability of the public safety officer, as determined in accordance with subparagraph (C). ``(B) No benefit shall be paid under subsection (b) if the level of disability of the public safety officer is less than 50 percent. ``(C) The Director shall adopt and apply a schedule of levels of disability of public safety officers associated with specific injuries or combinations of injuries, based upon the average impairments of earning capacity resulting from the injuries concerned.''. (b) Definition of Catastrophic Injury.--Section 1204(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(1)) is amended by striking ``permanently prevent an individual from performing any gainful work'' and inserting ``substantially diminishes the ability of an individual to perform gainful work''. (c) Expediting Benefits.--Section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by adding at the end the following: ``(n) Not later than 3 months after the date on which a claimant submits all information required for a claim under this subpart, the Bureau shall determine whether the claimant is eligible to receive a benefit under this subpart.''. (d) Regulations.--Not later than 9 months after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out the amendments made by this section. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General, in addition to any other amounts otherwise authorized to be appropriated, $3,000,000 for each of fiscal years 2009 through 2013 to hire employees for the Bureau of Justice Assistance and obtain the technology and equipment necessary to expedite the processing of claims and make disability determinations under subpart 1 of part L of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.), as amended by this section. SEC. 3. EDUCATIONAL BENEFITS. (a) In General.--Section 1212(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1(a)) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2)(A) Except as provided in paragraph (3), and subject to subparagraph (C) of this paragraph, financial assistance under this subpart shall-- ``(i) consist of direct payments to an eligible dependent; and ``(ii) be paid at the monthly rate of not more than $1,500. ``(B) The Director shall promulgate regulations to establish the amount of financial assistance under subparagraph (A) for an eligible dependent, which shall be based on the portion of the normal full-time academic workload for the course of study, as determined by the eligible educational institution, that the eligible dependent is pursuing. ``(C) On October 1 of each fiscal year beginning after the date of enactment of the First Responders Support Act of 2008, the Director shall adjust the level of the benefit payable during that fiscal year under subparagraph (A)(ii), to reflect the annual percentage change in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, occurring in the 1-year period ending on June 1 immediately preceding such October 1.''; and (2) in paragraph (3)(A), by striking ``to which the eligible dependent would otherwise be entitled to receive'' and inserting ``that the eligible dependent receives''. (b) Children.--Section 1212(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1(a)(1)) is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking ``a totally and permanently disabling injury'' and inserting ``the officer's catastrophic injury''; (3) by redesignating subparagraph (B) as subparagraph (C); and (4) by inserting after subparagraph (A) the following: ``(B) the child of the spouse of an officer described in subparagraph (A) at the time of the officer's death or on the date of the officer's catastrophic injury; or''. SEC. 4. CREDIT FOR CONTINUING CARE OF FIRST RESPONDERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36 the following new section: ``SEC. 36A. CONTINUING CARE FOR INJURED FIRST RESPONDERS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the qualified medical expenses paid or incurred during such taxable year by a qualified injured first responder or a family member of a qualified injured first responder. ``(b) Limitations.-- ``(1) In general.--The amount of the credit allowed under subsection (a) for any taxable year shall not exceed $7,500. ``(2) Limitation based on adjusted gross income.--The amount of the credit allowed by subsection (a) (determined without regard to this subsection) shall be reduced (but not below zero) by 5 percent of so much of the taxpayer's adjusted gross income as exceeds $75,000 ($150,000 in the case of a joint return). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified injured first responder.--The term `qualified injured first responder' means any public safety officer who has suffered an injury that substantially diminishes the ability of the public safety officer to perform gainful work while performing an official duty as a public safety officer. ``(2) Family member.--The term `family member' includes family members described in section 267(c)(4). ``(3) Qualified medical expenses.--The term `qualified medical expenses' means expenses paid or incurred, not compensated for by insurance or otherwise, for medical care (within the meaning of section 213(d)) in connection with an injury of a qualified injured first responder which was incurred while the qualified injured first responder was performing an official duty as a public safety officer. ``(4) Public safety officer.--The term `public safety officer' has the meaning given such term by section 1204(9) of the Omnibus Crime Control and Safe Streets Act of 1968. ``(d) No Double Benefit.--No credit or deduction shall be allowed under this chapter with respect to any expenses which are taken into account under this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36A,'' after ``36,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item: ``Sec. 36A. Continuing care for injured first responders.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 5. EXPANDING COUNSELING AND MENTAL HEALTH SERVICES. (a) Definitions.--In this section-- (1) the term ``Director'' means the Director of the Bureau of Justice Assistance; (2) the term ``eligible organization'' means an organization that provides free or reduced cost mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of public safety officers killed or seriously injured in the line of duty; (3) the term ``public safety officer'' has the meaning given that term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); and (4) the term ``reduced cost'', relating to mental health services or counseling, means that the organization providing the services or counseling charges not more than 50 percent of the amount that the organization would otherwise charge for the services or counseling. (b) Authorization To Make Grants.--The Director may make grants to eligible organizations to provide mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of public safety officers killed or seriously injured in the line of duty. (c) Application.--An eligible organization desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Director may establish.", "summary": "First Responders Support Act of 2008 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) increase death and disability benefits for public safety officers; and (2) expand educational benefits for dependents of public safety officers killed or disabled in the line of duty. Amends the Internal Revenue Code to allow a tax credit for up to $7,500 of the medical expenses paid or incurred by a public safety officer or a family member for injuries sustained while such officer was performing an official duty. Authorizes the Director of the Bureau of Justice Assistance to award grants for mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of such officers who are killed or seriously injured in the line of duty."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Turkish Human Rights Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1)(A) The Department of State, in its 1996 ``Country Reports on Human Rights Practices'', documented a systematic and widespread pattern of human rights abuses by the Government of Turkey. (B) According to the portion of the report relating to Turkey, ``torture, excessive use of force, and other serious human rights abuses by the security forces persisted throughout 1996.''. (2) Amnesty International, Human Rights Watch, the United Nations Committee Against Torture, the European Parliament, the International Human Rights Law Group, the Lawyers Committee for Human Rights, Physicians Without Frontiers, Freedom House, the Humanitarian Law Project, the Association of the Bar of the City of New York, the Turkish Human Rights Foundation, and other human rights monitoring organizations have documented extensive and continuing human rights abuses by the Government of Turkey, including the widespread use of torture and extrajudicial killings. (3) The actions of the Government of Turkey are in violation of several international human rights agreements to which Turkey is a party, including the United Nations Universal Declaration of Human Rights, the Final Act of the Conference on Security and Cooperation in Europe, the European Convention on Human Rights, and the United Nations and European Conventions Against Torture. (4) The Government of Turkey continues to deny the legitimate civil and human rights of its 15,000,000 citizens of Kurdish origin and has used military force to deny them an identity, destroying more than 2,000 Kurdish villages and uprooting more than 2,000,000 Kurds. (5) Turkey continues its illegal military occupation of Cyprus and has obstructed efforts to reach a just and lasting resolution to the division of Cyprus and the massive uprooting of Greek Cypriots caused by the 1974 invasion by Turkey. (6) The Government of Turkey continues to blockade Armenia, obstructing the delivery of United States and international humanitarian relief supplies. (7) Turkey continues to place prohibitive restrictions on the religious leadership of Christian communities within Turkey and has failed to protect these communities adequately from acts of violence and vandalism. (8)(A) The Congress, in the fiscal year 1997 appropriation for foreign assistance, reduced assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund) to Turkey to $22,000,000 because of Turkey's human rights record and its hostile and antagonistic policies toward its neighbors. (B) The Government of Turkey has stated that it would reject any United States assistance tied to its human rights record. SEC. 3. RESTRICTIONS ON ASSISTANCE FOR THE GOVERNMENT OF TURKEY. (a) In General.--Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund) may not be provided for the Government of Turkey for fiscal year 1998 unless the Secretary of State determines that there has been significant progress in the following areas: (1) The Government of Turkey permits domestic and international human rights monitoring organizations, including, but not limited to, the Turkish Human Rights Foundation, the Organization on Security and Cooperation in Europe, Amnesty International, and Human Rights Watch, to monitor and report on the human rights situation within its territory without fear of reprisal or prosecution. (2) The Government of Turkey-- (A) has ceased all efforts to deny the recognition of the civil, cultural, and human rights of its Kurdish citizens; (B) has ceased its military operations against Kurdish civilians; and (C) has taken demonstrable steps toward a peaceful resolution of the Kurdish issue. (3) The Government of Turkey-- (A) has taken actions and instituted policies to demilitarize Cyprus and provide for the total withdrawal of Turkish military forces from Cyprus; and (B) provides support for a settlement for the Republic of Cyprus based on a constitutional democracy with key United States principles of majority rule, the rule of law, the protection of minority and human rights, and the provision for and implementation of the 3 basic freedoms, namely, freedom of movement, of property, and of settlement. (4) The Government of Turkey has ceased its blockade of United States and international assistance to Armenia. (5) The Government of Turkey-- (A) has ceased its official restrictions on Christian churches and schools; and (B) provides sufficient protection against-- (i) acts of violence and harassment directed at members of the clergy and religious minorities; and (ii) acts of vandalism directed at church and school property. (b) Report.--The Secretary of State shall prepare and submit to the Congress a report containing a documentation of the determinations made by the Secretary under subsection (a).", "summary": "Turkish Human Rights Act - Prohibits economic support fund (ESF) assistance to the Government of Turkey unless the Secretary of State determines that there has been significant progress by such Government in: (1) permitting international human rights monitoring organizations to report on the human rights situation in Turkey; (2) ceasing to deny human rights to the Kurdish people; (3) taking action to demilitarize Cyprus and provide support for democracy there; (4) ceasing to blockade U.S. and international assistance to Armenia; and (5) ceasing its restrictions on religious freedom."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Microbicide Development Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Women and girls are the new face of HIV/AIDS, and are increasingly affected by the disease in every region of the world. As of 2006, nearly half of the 37,200,000 adults living with HIV and AIDS worldwide were women. In sub-Saharan Africa, that proportion was 59 percent. (2) Because of their social and biological vulnerabilities, young women are particularly at risk of HIV infection. In sub- Saharan Africa, the prevalence of HIV/AIDS is three times higher among women ages 15 to 24 than it is among men in that same age group. (3) Women infected with HIV can transmit the infection to their infants during pregnancy, labor, delivery, or breast- feeding. The most effective way to interrupt mother-to-child transmission is to ensure that mothers are not infected in the first place. (4) Many women who become infected with HIV have just one sexual partner--their husband. Marriage is not necessarily effective protection against HIV, because to protect themselves from HIV, women have to rely on their male partners to be faithful or to use condoms. Many women, especially in the developing world, are unable to insist on mutual monogamy or negotiate condom use, particularly in long-term relationships. (5) Scientists are working on a promising new prevention tool that could slow down the spread of the HIV/AIDS epidemic-- microbicides. Formulated as gels, creams, tablets or rings, microbicides are being designed to stop the transmission of the pathogens that cause AIDS and other sexually transmitted infections (referred to in this section as ``STIs''). Microbicides could allow a woman to protect herself from disease. (6) Couples need a method of HIV protection that will allow them to conceive a child and start a family. No existing HIV prevention method also allows conception. Some microbicides in development may allow women to become pregnant while at the same time protecting them from infection. (7) According to UNICEF, worldwide, the lack of HIV/AIDS prevention and treatment has left over 15,000,000 children as orphans. Of these, more than 12,000,000 live in sub-Saharan Africa. The number of AIDS orphans in sub-Saharan Africa alone is expected to grow to nearly 16,000,000 by 2010. (8) HIV prevention tools like microbicides could also be valuable for women in the United States, who account for an increasing proportion of new HIV and AIDS cases among Americans. Minority women in the United States are particularly affected. Both African-American and Latina women account for a disproportionate number of new AIDS cases, and HIV/AIDS was the leading cause of death in 2002 for African-American women ages 25 to 34. (9) With nearly 20,000,000 new cases of sexually transmitted infections occurring every year, the United States has the highest STI rates of any industrialized nation. Like HIV, STIs pose significant health threats and costs, with young people and women bearing a disproportionate burden. Nearly half of new STI cases each year occur in people under 25 years of age with women both more vulnerable to infection and more likely to experience serious and lasting health consequences when they do become infected. Some microbicides could help prevent STIs. (10) HIV/AIDS threatens national and global security. Beyond its burdens on individuals, families, and communities, the pandemic reduces economic growth, decimates health budgets, undermines civil society, and burdens the armed forces of many nations, including the United States military. (11) The microbicide field has gained considerable scientific momentum. Several first-generation products are in large-scale human trials to measure effectiveness, and new products based on recent advances in HIV treatment are well into safety trials. (12) Microbicides are a public health good with potential for large social benefits but limited economic incentives for private investment, so that public funding is required to fill the gap. As is the case for vaccines and other public goods, microbicide development must depend heavily on government leadership and investment. (13) The Federal Government needs to make a strong commitment to microbicide research and development. Three agencies, the National Institutes of Health, Centers for Disease Control and Prevention, and United States Agency for International Development, have played important roles in the progress to date, and each makes a valuable and unique contribution. As the primary Federal agency for conducting and supporting medical research and the largest single Federal Government contributor to microbicide research, the National Institutes of Health supports the Microbicide Trials Network as well as other important research activities. The United States Agency for International Development sustains strong partnerships with public and private organizations working on microbicide research, including trials in developing countries where its experience is extensive, and is well positioned to facilitate introduction of microbicides once available. The Centers for Disease Control and Prevention has a long history of conducting field trials in developing countries, but the extent of its current engagement remains quite limited. (14) According to the National Institutes of Health's strategic plan, microbicides may provide ``one of the most promising primary preventative interventions that could be safe, effective, readily available, affordable, and widely acceptable''. In a recent report to Congress, the United States Agency for International Development states that ``the US government is firmly committed to accelerating the development of safe and effective microbicides to prevent HIV''. In addition, the President's Emergency Plan for AIDS Relief recognizes the urgency of developing safe and effective microbicides. (15) The National Institutes of Health, United States Agency for International Development, and the Centers for Disease Control and Prevention have expanded their microbicide portfolios, but overall Federal leadership and coordination is required to eliminate costly inefficiencies and unproductive duplication of effort. (16) HIV prevention options available as of 2006 are insufficient in general. Most critically, they fail to recognize women's particular needs and vulnerabilities. If women are to have a genuine opportunity to protect themselves, their best option is the rapid development of new HIV- prevention technologies like microbicides, which women can initiate. TITLE I--MICROBICIDE RESEARCH AT THE NATIONAL INSTITUTES OF HEALTH SEC. 101. OFFICE OF AIDS RESEARCH; PROGRAM REGARDING MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. Subpart I of part D of title XXIII of the Public Health Service Act (42 U.S.C. 300cc-40 et seq.) is amended by inserting after section 2351 the following: ``SEC. 2351A. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. ``(a) Federal Strategic Plan.-- ``(1) In general.--The Director of the Office of AIDS Research shall-- ``(A) expedite the implementation of a Federal strategic plan for the conduct and support of microbicide research and development; and ``(B) annually review and, as appropriate, revise such plan, to prioritize funding and activities in terms of their scientific urgency. ``(2) Coordination.--In implementing, reviewing, and prioritizing elements of the plan described under paragraph (1), the Director of the Office of AIDS Research shall coordinate with-- ``(A) other Federal agencies, including the Director of the Centers for Disease Control and Prevention and the Administrator of the United States Agency for International Development, involved in microbicide research; ``(B) the microbicide research and development community; and ``(C) health advocates. ``(b) Expansion and Coordination of Activities.--The Director of the Office of AIDS Research, acting in coordination with relevant institutes and offices, shall expand, intensify, and coordinate the activities of all appropriate institutes and components of the National Institutes of Health with respect to research and development of microbicides to prevent the transmission of the human immunodeficiency virus (`HIV') and other sexually transmitted infections. ``(c) Microbicide Development Branch.--In carrying out subsection (b), the Director of the National Institute of Allergy and Infectious Diseases shall establish within the Division of AIDS in the Institute, a clearly defined organizational branch charged with carrying out microbicide research and development. In establishing such branch, the Director shall ensure that there are a sufficient number of employees dedicated to carrying out its mission. ``(d) Microbicide Clinical Trials.--In carrying out subsection (c), the Director of the National Institute of Allergy and Infectious Diseases shall assign priority to ensuring adequate funding and support for the Microbicide Trials Network and other programs for supporting microbicides clinical trials, with particular emphasis on implementation of trials leading to product licensure. ``(e) Reports to Congress.-- ``(1) In general.--Not later than 6 months after the date of enactment of the Microbicide Development Act, and annually thereafter, the Director of the Office of AIDS Research shall submit to the appropriate committees of Congress a report that describes the strategies being implemented by the Federal Government regarding microbicide research and development. ``(2) Contents of reports.--Each report submitted under paragraph (1) shall include-- ``(A) a description of activities with respect to microbicide research and development conducted and supported by the Federal Government; ``(B) a summary and analysis of the expenditures made by the Director of the Office of AIDS Research during the preceding year for activities with respect to microbicide-specific research and development, including basic research, preclinical product development, clinical trials, and behavioral science; and ``(C) a description and evaluation of the progress made, during the preceding year, toward the development of effective microbicides. ``(3) Appropriate committees of congress defined.--In this subsection, the term `appropriate committees of Congress' means the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out this section.''. TITLE II--MICROBICIDE RESEARCH AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION SEC. 201. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following: ``SEC. 317T. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. ``(a) Development and Implementation of the Centers for Disease Control and Prevention's Microbicide Agenda.--The Director of the Centers for Disease Control and Prevention shall fully implement such Centers' microbicide agenda to support microbicide research and development. Such an agenda shall include-- ``(1) conducting laboratory research in preparation for, and support of, clinical microbicide trials; and ``(2) conducting behavioral research in preparation for, and support of, clinical microbicide trials. ``(b) Personnel.--The Centers for Disease Control and Prevention shall ensure that there are sufficient numbers of dedicated employees for carrying out the microbicide agenda under subsection (a). ``(c) Report to Congress.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Microbicide Development Act, and annually thereafter, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of Congress, a report on the strategies being implemented by the Centers for Disease Control and Prevention with respect to microbicide research and development. Such report shall be submitted alone or as part of the overall Federal strategic plan on microbicides compiled annually by the National Institutes of Health Office of AIDS Research as required under section 2351A. ``(2) Contents of report.--Such report shall include-- ``(A) a description of activities with respect to microbicides conducted or supported by the Director of the Centers for Disease Control and Prevention; ``(B) a summary and analysis of the expenditures made by such Director during the preceding year, for activities with respect to microbicide-specific research and development, including the number of employees of such Centers involved in such activities; and ``(C) a description and evaluation of the progress made, during the preceding year, toward the development of effective microbicides. ``(3) Appropriate committees of congress defined.--For the purposes of this subsection, the term `appropriate committees of Congress' means the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out this section.''. TITLE III--MICROBICIDE RESEARCH AND DEVELOPMENT AT THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT SEC. 301. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES. Section 104A of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2) is amended by adding at the end the following new subsection: ``(h) Microbicides for Preventing Transmission of HIV/AIDS and Other Diseases.-- ``(1) Development and implementation of the microbicide agenda.--The President shall direct the head of the Office of HIV/AIDS of the United States Agency for International Development, in conjunction with other offices of such Agency, to develop and implement a program to support the development of microbicides for the prevention of the transmission of HIV/ AIDS and other diseases, and facilitate wide-scale availability of such products after such development. ``(2) Staffing.--The head of the Office of HIV/AIDS shall ensure that the Agency has a sufficient number of dedicated employees to carry out the microbicide agenda. ``(3) Reports to congress.-- ``(A) In general.--Not later than one year after the date of enactment of the Microbicide Development Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the activities of the Agency to carry out the microbicide agenda and on any other activities carried out by the Agency related to microbicide research and development. ``(B) Contents of report.--Each report submitted under subparagraph (A) shall include-- ``(i) a description of activities with respect to microbicides conducted or supported by the Agency; ``(ii) a summary and analysis of the expenditures made by the Agency during the preceding year for activities with respect to microbicide-specific research and development, including the number of employees of the Agency who are involved in such activities; and ``(iii) a description and evaluation of the progress made during the preceding year toward the development of effective microbicides, including activities in support of eventual product access. ``(C) Consultation.--The President shall consult with the Director of the Office of AIDS Research of the National Institutes of Health in preparing the report required under subparagraph (A). ``(D) Appropriate congressional committees defined.--In this paragraph, the term `appropriate congressional committees' means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. ``(4) Authorization of appropriations.--There are authorized to be appropriated to the Agency such sums as may be necessary for each fiscal year to carry out this subsection.''.", "summary": "Microbicide Development Act - Amends the Public Health Service Act to require the Director of the Office of AIDS Research to: (1) expedite the implementation of the federal strategic plan for the conduct and support of microbicide research and development; and (2) expand, intensify, and coordinate all activities with respect to research and development of microbicides to prevent the transmission of HIV and other sexually transmitted diseases. Requires the Director of the National Institute of Allergy and Infectious Diseases to: (1) establish within the Division of AIDS an organizational branch to carry out microbicide research and development; and (2) assign priority to ensuring adequate funding and support for the Microbicide Trials Network and other programs for supporting microbicides clinical trials. Requires the Director of the Centers for Disease Control and Prevention (CDC) to fully implement the CDC's microbicide agenda to support microbicide research and development. Requires the President to direct the head of the Office of HIV/AIDS of the U.S. Agency for International Development (USAID) to develop and implement a program to support the development of microbicides products for the prevention of the transmission of HIV/AIDS and other diseases and facilitate wide-scale availability of such products."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Finance Act of 1995''. SEC. 2. PURPOSE. The purpose of this Act is to require-- (1)(A) the Administrator of the Environmental Protection Agency to establish an Environmental Financial Advisory Board to provide expert advice and recommendations to Congress and the Administrator on issues, trends, options, innovations, and tax matters affecting the cost and financing of environmental protection by State and local governments; and (B) the Board to study methods to-- (i) lower costs of environmental infrastructure and services; (ii) increase investment in public and private environmental infrastructure; and (iii) build State and local capacity to plan and pay for environmental infrastructure and services; and (2)(A) the Administrator to establish and support Environmental Finance Centers in institutions of higher education; (B) the Centers to carry out activities to improve the capability of State and local governments to manage environmental programs; and (C) the Administrator to provide Federal funding to the Centers, with a goal that the Centers will eventually become financially self-sufficient. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Board.--The term ``Board'' means the Environmental Financial Advisory Board established under section 4. (3) Center.--The term ``Center'' means an Environmental Finance Center established under section 5. SEC. 4. ENVIRONMENTAL FINANCIAL ADVISORY BOARD. (a) In General.--The Administrator shall establish an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels. The Board shall report to the Administrator, and shall make the services and expertise of the Board available to Congress. (b) Membership.-- (1) In general.--The Board shall consist of 35 members appointed by the Administrator. (2) Terms.--A member of the Board shall serve for a term of 2 years, except that 20 of the members initially appointed to the Board shall serve for a term of 1 year. (3) Qualifications.--The members of the Board shall be individuals with expertise in financial matters and shall be chosen from among elected officials and representatives of national trade and environmental organizations, the financial, banking, and legal communities, business and industry, and academia. (4) Chairperson and vice chairperson.--The members of the Board shall elect a Chairperson and Vice Chairperson, who shall each serve a term of 2 years. (c) Duties.--After establishing appropriate rules and procedures for the operations of the Board, the Board shall-- (1) work with the Science Advisory Board, established by section 8 of the Environmental Research, Development, and Demonstration Act of 1978 (42 U.S.C. 4365), to identify and develop methods to integrate risk and finance considerations into environmental decisionmaking; (2) identify and examine strategies to enhance environmental protection in urban areas, reduce disproportionate risks facing urban communities, and promote economic revitalization and environmentally sustainable development; (3) develop and recommend initiatives to expand opportunities for the export of United States financial services and environmental technologies; (4) develop alternative financing mechanisms to assist State and local governments in paying for environmental programs; (5) develop alternative financing mechanisms and strategies to meet the unique needs of small and economically disadvantaged communities; and (6) undertake such other activities as the Board determines will further the purpose of this Act. (d) Recommendations.--The Board may recommend to Congress and the Administrator legislative and policy initiatives to make financing for environmental protection more available and less costly. (e) Open Meetings.--The Board shall hold open meetings and seek input from the public and other interested parties in accordance with the Federal Advisory Committee Act (5 U.S.C. App.) and shall otherwise be subject to the Act. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 1996 through 2000. SEC. 5. ENVIRONMENTAL FINANCE CENTERS. (a) In General.--The Administrator shall establish and support an Environmental Finance Center in an institution of higher education in each of the regions of the Environmental Protection Agency. (b) Duties and Powers.--A Center shall coordinate the activities of the Center with the Board and may-- (1) provide on-site and off-site training of State and local officials; (2) publish newsletters, course materials, proceedings, and other publications relating to financing of environmental infrastructure; (3) initiate and conduct conferences, seminars, and advisory panels on specific financial issues relating to environmental programs and projects; (4) establish electronic database and contact services to disseminate information to public entities on financing alternatives for State and local environmental programs; (5) generate case studies and special reports; (6) develop inventories and surveys of financial issues and needs of State and local governments; (7) identify financial programs, initiatives, and alternative financing mechanisms for training purposes; (8) hold public meetings on finance issues; and (9) collaborate with another Center on projects and exchange information. (c) Grants.--The Administrator may make grants to institutions of higher education to carry out this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 1996 through 2000.", "summary": "Environmental Finance Act of 1995 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish: (1) an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels; and (2) Environmental Finance Centers in institutions of higher education in each of the regions of the EPA. Authorizes the Centers to: (1) provide training of State and local officials; (2) publish materials relating to financing of environmental infrastructure; (3) conduct conferences and advisory panels on specific environmental finance issues; (4) establish information services; (5) generate case studies and reports; (6) develop surveys of financial issues and needs of State and local governments; (7) identify financial programs and alternative financing mechanisms for training purposes; (8) hold public meetings; and (9) collaborate and exchange information. Permits the Administrator to make grants to institutions of higher education to carry out the Center program. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Terrorists Prosecution Act of 2006''. SEC. 2. DEFINITION OF UNLAWFUL ENEMY COMBATANT. Paragraph (1) of section 948a of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended to read as follows: ``(1) Unlawful enemy combatant.--The term `unlawful enemy combatant' means an individual who directly participates in hostilities as part of an armed conflict against the United States who is not a lawful enemy combatant. The term is used solely to designate individuals triable by military commission under this chapter.''. SEC. 3. DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS BY COMBATANT STATUS REVIEW TRIBUNAL NOT DISPOSITIVE FOR PURPOSES OF JURISDICTION OF MILITARY COMMISSIONS. Section 948d of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended-- (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c). SEC. 4. EXCLUSION FROM TRIAL BY MILITARY COMMISSION OF STATEMENTS OBTAINED BY COERCION. Section 948r of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended by striking subsections (c) and (d) and inserting the following new subsection (c): ``(c) Exclusion of Statements Obtained by Coercion.--A statement obtained by use of coercion shall not be admissible in a military commission under this chapter, except against a person accused of coercion as evidence that the statement was made.''. SEC. 5. DISCRETION OF MILITARY JUDGE TO EXCLUDE HEARSAY EVIDENCE DETERMINED TO BE UNRELIABLE OR LACKING IN PROBATIVE VALUE. Section 949a(b)(2)(E)(ii) of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended by striking ``if the party opposing the admission of the evidence demonstrates that the evidence is unreliable or lacking in probative value'' and inserting ``if the military judge determines, upon motion by counsel, that the evidence is unreliable or lacking in probative value''. SEC. 6. DISCRETION OF MILITARY JUDGE TO TAKE CERTAIN ACTIONS IN EVENT THAT A SUBSTITUTE FOR CLASSIFIED EXCULPATORY EVIDENCE IS INSUFFICIENT TO PROTECT THE RIGHT OF A DEFENDANT TO A FAIR TRIAL. Section 949j(d)(1) of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended by adding at the end the following: ``If the military judge determines that the substitute is not sufficient to protect the right of the defendant to a fair trial, the military judge may-- ``(A) dismiss the charges in their entirety; ``(B) dismiss the charges or specifications or both to which the information relates; or ``(C) take such other actions as may be required in the interest of justice.''. SEC. 7. REVIEW OF MILITARY COMMISSION DECISIONS BY UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES RATHER THAN COURT OF MILITARY COMMISSION REVIEW. (a) Review.-- (1) In general.--Section 950f of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended to read as follows: ``Sec. 950f. Review by Court of Appeals for the Armed Forces ``(a) Cases To Be Reviewed.--The United States Court of Appeals for the Armed Forces, in accordance with procedures prescribed under regulations of the Secretary, shall review the record in each case that is referred to the Court by the convening authority under section 950c of this title with respect to any matter of law raised by the accused. ``(b) Scope of Review.--In a case reviewed by the United States Court of Appeals for the Armed Forces under this section, the Court may only act with respect to matters of law.''. (2) Clerical amendment.--The table of sections at the beginning of subchapter VI of chapter 47A of such title (as so enacted) is amended by striking the item relating to section 950f and inserting the following new item: ``950f. Review by Court of Appeals for the Armed Forces.''. (b) Conforming Amendments.-- (1) In general.--Chapter 47A of title 10, United States Code (as so enacted), is further amended as follows: (A) In section 950c(a), by striking ``the Court of Military Commission Review'' and inserting ``the United States Court of Appeals for the Armed Forces''. (B) In section 950d, by striking ``the Court of Military Commission Review'' each place it appears and inserting ``the United States Court of Appeals for the Armed Forces''. (C) In section 950g(a)(2), by striking ``the Court of Military Commission Review'' each place it appears and inserting ``the United States Court of Appeals for the Armed Forces''. (D) In section 950h, by striking ``the Court of Military Commission Review'' each place it appears and inserting ``the United States Court of Appeals for the Armed Forces''. (2) Uniform code of military justice.--Section 867a(a) of title 10, United States Code (article 67a(a) of the Uniform Code of Military Justice), is amended by striking ``Decisions'' and inserting ``Except as provided in sections 950d and 950g of this title, decisions''. SEC. 8. IMPLEMENTATION OF TREATY OBLIGATIONS. (a) In General.--Section 6(a) of the Military Commissions Act of 2006 (Public Law 109-366) is amended-- (1) in paragraph (2)-- (A) in the first sentence, by inserting after ``international character'' the following: ``and preserve the capacity of the United States to prosecute nationals of enemy powers for engaging in acts against members of the United States Armed Forces and United States citizens that have been prosecuted by the United States as war crimes in the past''; and (B) by striking the second sentence; and (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) by striking ``the President has the authority for the United States to interpret the meaning and application of the Geneva Conventions and to promulgate'' and inserting ``the President has the authority, subject to congressional oversight and judicial review, to promulgate''; and (ii) by striking ``higher standards and''; (B) in subparagraph (B), by striking ``interpretations'' and inserting ``rules''; and (C) by amending subparagraph (D) to read as follows: ``(D) The President shall notify other parties to the Geneva Conventions that the United States expects members of the United States Armed Forces and other United States citizens detained in a conflict not of an international character to be treated in a manner consistent with the standards described in subparagraph (A) and embodied in section 2441 of title 18, United States Code, as amended by subsection (b).''. (b) Modifications of War Crimes Offenses.-- (1) Inclusion of denial of trial rights among offenses.-- Paragraph (1) of section 2441(d) of title 18, United States Code (as enacted by the Military Commissions Act of 2006), is amended by adding at the end the following new subparagraph: ``(J) Denial of trial rights.--The act of a person who intentionally denies one or more persons the right to be tried before a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples as prescribed by common Article 3 of the Geneva Conventions.''. (2) Definition of serious physical pain or suffering.-- Clause (ii) of subparagraph ((D) of paragraph (2) of such section (as so enacted) is amended to read as follows: ``(ii) serious physical pain;''. SEC. 9. RESTORATION OF HABEAS CORPUS FOR INDIVIDUALS DETAINED BY THE UNITED STATES. (a) Restoration.--Subsection (e) of section 2241 of title 28, United States Code, as amended by section 7(a) of the Military Commissions Act of 2006 (Public Law 109-366), is repealed. (b) Conforming Amendment.--Subsection (b) of section 7 of the Military Commissions Act of 2006 (Public Law 109-366) is repealed. SEC. 10. EXPEDITED JUDICIAL REVIEW OF MILITARY COMMISSIONS ACT OF 2006. Notwithstanding any other provision of law, the following rules shall apply to any civil action, including an action for declaratory judgment, that challenges any provision of the Military Commissions Act of 2006 (Public Law 109-366), or any amendment made by that Act, on the ground that such provision or amendment violates the Constitution or the laws of the United States: (1) The action shall be filed in the United States District Court for the District of Columbia and shall be heard in that Court by a court of three judges convened pursuant to section 2284 of title 28, United States Code. (2) An interlocutory or final judgment, decree, or order of the United States District Court for the District of Columbia in an action under paragraph (1) shall be reviewable as a matter of right by direct appeal to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after the date on which such judgment, decree, or order is entered. The jurisdictional statement with respect to any such appeal shall be filed within 30 days after the date on which such judgment, decree, or order is entered. (3) It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any action or appeal, respectively, brought under this section. SEC. 11. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 17, 2006, the date of the enactment of the Military Commissions Act of 2006 (Public Law 109-366), immediately after the enactment of that Act and shall apply to all cases, without exception, that are pending on or after such date.", "summary": "Effective Terrorists Prosecution Act of 2006 - Amends federal armed forces provisions enacted by the Military Commissions Act of 2006 to, among other things: (1) exclude from military commission (commission) trials statements obtained by coercion; (2) allow a commission military judge to exclude hearsay evidence determined to be unreliable or lacking in probative value; (3) provide for review of commission decisions by the U.S. Court of Appeals for the Armed Forces rather than the Court of Military Commission Review; (4) revise generally provisions concerning the implementation of treaty obligations with respect to the U.S. prosecution of enemy combatants; (5) restore habeas corpus rights for individuals detained by the United States; and (6) provide for expedited judicial review of provisions of the Military Commissions Act of 2006."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Protecting Consumer Phone Records Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Unauthorized acquisition, use, or sale of confidential customer proprietary network telephone information. Sec. 3. Enhanced confidentiality procedures. Sec. 4. Penalties; extension of confidentiality requirements to other entities. Sec. 5. Enforcement by Federal Trade Commission. Sec. 6. Concurrent enforcement by Federal Communications Commission. Sec. 7. Enforcement by States. Sec. 8. Preemption of State law. Sec. 9. Consumer outreach and education. SEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK TELEPHONE INFORMATION. (a) In General.--It is unlawful for any person-- (1) to acquire or use the customer proprietary network information of another person without that person's affirmative written consent, which shall include electronic consent that meets the requirements of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.); (2) to misrepresent that another person has consented to the acquisition or use of such other person's customer proprietary network information in order to acquire such information; (3) to obtain unauthorized access to the data processing system or records of a telecommunications carrier or an IP- enabled voice service provider in order to acquire the customer proprietary network information of 1 or more other persons; (4) to sell, or offer for sale, customer proprietary network information; or (5) to request that another person obtain customer proprietary network information from a telecommunications carrier or IP-enabled voice service provider, knowing that the other person will obtain the information from such carrier or provider in any manner that is unlawful under this subsection. (b) Exceptions.-- (1) Application with section 222 of communications act of 1934.--Subsection (a) does not prohibit a telecommunications carrier or an IP-enabled voice service provider or any third party that lawfully obtains customer proprietary network information from a carrier or provider from engaging in any act or practice that was not prohibited by section 222 of the Communications Act of 1934 (47 U.S.C. 222) or regulations that are consistent with the provisions of section 222, as that section and those regulations were in effect on the day before the date of enactment of this Act. (2) Application of other laws.--This Act does not prohibit any act or practice otherwise authorized by law, including any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States. (3) Treatment of ip-enabled voice service providers.-- Notwithstanding any other provision of this section, an IP- enabled voice service provider may engage in any act or practice with respect to customer proprietary network information in which a telecommunications carrier may engage under paragraph (1) of this subsection. (4) Caller id.--Nothing in this Act prohibits the use of caller identification services by any person to identify the originator of telephone calls received by that person. (c) Private Right of Action for Providers.-- (1) In general.--A telecommunications carrier or IP-enabled voice service provider may bring a civil action in an appropriate State court, or in any United States district court that meets applicable requirements relating to venue under section 1391 of title 28, United States Code, or for any judicial district in which the carrier or service provider resides or conducts business-- (A) based on a violation of this section or the regulations prescribed under this section to enjoin such violation; (B) to recover for actual monetary loss from such a violation, or to receive $11,000 in damages for each such violation, whichever is greater; or (C) both. (2) Treble damages.--If the court finds that the defendant willfully or knowingly violated this section or the regulations prescribed under this section, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1) of this subsection. (3) Inflation adjustment.--The $11,000 amount in paragraph (1)(B) shall be adjusted for inflation as if it were a civil monetary penalty, as defined in section 3(2) of the Federal Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. 2461 note). (d) Private Right of Action for Consumers.-- (1) In general.--An individual who has been injured as a direct result of his or her confidential proprietary network information being obtained, used, or sold in violation of this section may file a civil action in any court of competent jurisdiction against the person who caused the injury by violating this section. (2) Remedies.--A court in which such civil action has been brought may award damages of not more than $11,000 for each violation of this section with respect to the plaintiff's customer proprietary network information. (3) Treble damages.--If the court finds that the defendant willfully or knowingly violated this section or the regulations prescribed under this section, the court may, in its discretion, increase the amount of the award to not more than 3 times the damages determined by the court under paragraph (2). (4) Inflation adjustment.--The $11,000 amount in paragraph (2) shall be adjusted for inflation as if it were a civil monetary penalty, as defined in section 3(2) of the Federal Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. 2461 note). (e) Civil Penalty.-- (1) In general.--Any person who violates this section shall be subject to a civil penalty of not more than $11,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $11,000,000 for any single act or failure to act. (2) Separate violations.--A violation of this section with respect to the customer proprietary network information of 1 person shall be treated as a separate violation from a violation with respect to the customer proprietary network information of any other person. (f) Limitation.--Nothing in this Act or section 222 of the Communications Act of 1934 (47 U.S.C. 222) authorizes a customer to bring a civil action against a telecommunications carrier or an IP- enabled voice service provider. (g) Definitions.--In this section: (1) Customer proprietary network information.--The term ``customer proprietary network information'' has the meaning given that term by-- (A) section 222(i)(1) of the Communications Act of 1934 (47 U.S.C. 222(i)(1)) with respect to telecommunications carriers; and (B) section 715(b)(1) of such Act with respect to IP-enabled voice service providers. (2) IP-enabled voice service.--The term ``IP-enabled voice service'' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network. (3) Telecommunications carrier.--The term ``telecommunications carrier'' has the meaning given it by section 3(44) of the Communications Act of 1934 (47 U.S.C. 3(44)). SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES. (a) In General.--Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall-- (1) revise or supplement its regulations, to the extent the Commission determines it is necessary, to require a telecommunications carrier or IP-enabled voice service provider to protect-- (A) the security and confidentiality of customer proprietary network information (as defined in section 222(i)(1) of the Communications Act of 1934 (47 U.S.C. 222(i)(1)) or as defined in section 715(b)(1) of such Act with respect to IP-enabled voice service providers); (B) customer proprietary network information against any anticipated threats or hazards to its security or confidentiality; and (C) customer proprietary network information from unauthorized access or use that could result in substantial harm or inconvenience to its customers; and (2) ensure that any revised or supplemental regulations are similar in scope and structure to the Federal Trade Commission's regulations in part 314 of title 16, Code of Federal Regulations, as such regulations are in effect on the date of enactment of this Act, taking into consideration the differences between financial information and customer proprietary network information. (b) Compliance Certification.--Each telecommunications carrier and IP-enabled voice service provider to which the regulations under subsection (a) and section 222 or 715 of the Communications Act of 1934 apply shall file with the Commission annually a certification that, for the period covered by the filing, it has been in compliance with those requirements. SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY REQUIREMENTS TO OTHER ENTITIES. (a) Penalties.--Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.) is amended by inserting after section 508 the following: ``SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK INFORMATION VIOLATIONS. ``(a) Civil Forfeiture.-- ``(1) In general.--Any person determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b), to have violated section 2 of the Protecting Consumer Phone Records Act shall be liable to the United States for a forfeiture penalty. A forfeiture penalty under this subsection shall be in addition to any other penalty provided for by this Act. The amount of the forfeiture penalty determined under this subsection shall not exceed $30,000 for each violation, or 3 times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $3,000,000 for any single act or failure to act. ``(2) Recovery.--Any forfeiture penalty determined under paragraph (1) shall be recoverable pursuant to section 504(a) of this Act. ``(3) Procedure.--No forfeiture liability shall be determined under paragraph (1) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4) of this Act. ``(4) 2-year statute of limitations.--No forfeiture penalty shall be determined or imposed against any person under paragraph (1) if the violation charged occurred more than 2 years prior to the date of issuance of the required notice or notice or apparent liability.''. (b) Extension of Confidentiality Requirements to IP-Enabled Voice Service Providers.-- (1) In general.--Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end thereof the following: ``SEC. 715. PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION BY IP-ENABLED VOICE SERVICE PROVIDERS. ``(a) In General.-- ``(1) General duty of confidentiality.--An IP-enabled voice service provider has a duty to protect the confidentiality of proprietary information of, and relating to, other IP-enabled voice service providers, telecommunications carriers, equipment manufacturers, and customers, including telecommunications carriers reselling telecommunications services provided by another telecommunications carrier or an IP-enabled voice service provider. ``(2) Carrier information.--An IP-enabled voice service provider that receives or obtains proprietary information from a telecommunications carrier or another IP-enabled voice service provider for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts. ``(3) Customer proprietary network information.--Within 90 days after the date of enactment of the Protecting Consumer Phone Records Act, the Commission shall initiate a rulemaking proceeding to apply the requirements of section 222, and regulations thereunder, to IP-enabled voice service providers to the same extent, in the same manner, and subject to the same penalties for failure to comply with those requirements as are applicable to telecommunications carriers. ``(b) Definitions.--In this section: ``(1) Customer proprietary network information.--The term `customer proprietary network information' has the meaning given that term by section 222(i) of this Act, except that-- ``(A) the reference in section 222(i)(1)(B) of this Act to telephone exchange service or telephone toll service shall be considered to refer also to IP-enabled voice service; and ``(B) it does not include information that is related to non-voice service features bundled with IP- enabled voice service. ``(2) IP-enabled voice service.--The term ``IP-enabled voice service'' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network. ``(3) Other terms.--Except as provided in paragraph (1), any term used in subsection (a) that is defined or used in section 222 of this Act has the same meaning as when used in that section.''. (2) Duty of telecommunications carriers with respect to cpni from ip-enabled voice service providers.--Section 222(a) of the Communications Act of 1934 (47 U.S.C. 222(a)) is amended by inserting after ``carrier.'' the following: ``A telecommunications carrier has the same duties under this section with respect to the confidentiality of proprietary information of, or relating to, an IP-enabled voice service provider, and with respect to customer proprietary network information received or obtained from an IP-enabled voice service provider, as it has under this section with respect to another telecommunications carrier.''. (c) Telecommunications Carrier Notification Requirement.--Section 222 of the Communications Act of 1934 (47 U.S.C. 222), is amended-- (1) by redesignating subsection (h) as subsection (i); (2) by inserting after subsection (g) the following new subsection: ``(h) Notice of Violations.-- ``(1) In general.--The Commission shall by regulation require each telecommunications carrier to notify a customer within 14 calendar days after the carrier or provider is notified of, or becomes aware of, an incident in which customer proprietary network information relating to such customer was disclosed to someone other than the customer in violation of this section or section 2 of the Protecting Consumer Phone Records Act. ``(2) Law enforcement and homeland security related delays.--Notwithstanding paragraph (1), a telecommunications carrier may delay the required notification for a reasonable period of time if-- ``(A) a Federal or State law enforcement agency determines that giving notice within the 14-day period would materially impede a civil or criminal investigation; or ``(B) a Federal national security agency or the Department of Homeland Security determines that giv", "summary": "Protecting Consumer Phone Records Act - Makes it unlawful to: (1) acquire or use customer proprietary network information without written consent; (2) represent that another person has consented in order to acquire such information; (3) obtain unauthorized access to certain systems or records in order to acquire such information; (4) sell or offer for sale such information; or (5) request that another person unlawfully obtain such information. Amends the Communications Act of 1934 to provide for a civil forfeiture penalty for violation of this Act. Imposes on IP-enabled voice service providers a duty to protect the confidentiality of specified proprietary information. Requires the Federal Communications Commission (FCC) to require each telecommunications carrier to notify customers of unlawful disclosure of such information. Prohibits a commercial mobile services provider from providing any customer's wireless telephone number information to any wireless directory assistance service without express prior customer authorization. Requires de-listing on customer request without cost to the customer. Prohibits providers from publishing the information without such authorization. Prohibits fees for exercising these rights. Preempts any inconsistent state or local requirements. Requires that violations of certain provisions of this Act be enforced by the Federal Trade Commission (FTC) and treated as unfair or deceptive acts or practices. Gives the FCC concurrent enforcement jurisdiction. Provides for enforcement by states and preemption of state law. Requires public education about the protection afforded such information."}
{"article": "SECTION 1. MODIFICATION OF MONTH OF DEATH BENEFIT FOR SURVIVING SPOUSES OF VETERANS WHO DIE WHILE ENTITLED TO COMPENSATION OR PENSION. (a) Surviving Spouse Benefit for Month of Veteran's Death.-- Subsections (a) and (b) of section 5310 of title 38, United States Code, are amended to read as follows: ``(a) In General.--(1) A surviving spouse of a veteran is entitled to a benefit for the month of the veteran's death if at the time of the veteran's death-- ``(A) the veteran was receiving compensation or pension under chapter 11 or 15 of this title; or ``(B) the veteran was not receiving compensation or pension under chapter 11 or 15 of this title but the veteran had a claim pending for the month of the veteran's death for which benefits would have been payable under chapter 11 or 15 of this title had the veteran not died. ``(2) The amount of benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title for the month of the veteran's death had the veteran not died. ``(3) Any benefits payable under this section on behalf of a veteran who was not in receipt of such benefits as of the month of the veteran's death shall be paid to the surviving spouse as accrued benefits. ``(b) Claims Pending Adjudication.--If a claim for entitlement to compensation or additional compensation under chapter 11 of this title or pension or additional pension under chapter 15 of this title is pending at the time of a veteran's death and the check or other payment issued to the veteran's surviving spouse under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the difference between the amount to which the veteran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran's death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under section 5121 of this title.''. (b) Month of Death Benefit Exempt From Delayed Commencement of Payment.--Section 5111(c)(1) of such title is amended by striking ``apply to'' and all that follows through ``death occurred'' and inserting the following: ``not apply to payments made pursuant to section 5310 of this title''. (c) Prohibition on Requests for Return of Certain Checks and Payments.--In the case of a surviving spouse who was a dependent with respect to whom additional compensation for dependents was payable under section 1115 of title 38, United States Code, or additional pension as a married veteran under chapter 15 of such title, as of the date of the veteran's death, if a check or other payment issued to the veteran as a benefit payment under chapter 11 or 15 of title 38, United States Code, for the month in which death occurs is negotiated, deposited, or otherwise accessed by the surviving spouse-- (1) the check or payment shall be considered to be the benefit payable to the surviving spouse under section 5310(a)(1) of title 38, United States Code (as amended by subsection (a)), to the extent that the check or payment equals the amount which would otherwise be payable under such section; and (2) the Secretary may not require the surviving spouse to return the check or payment. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to deaths that occur on or after that date. SEC. 2. ELIGIBILITY FOR PRESIDENTIAL MEMORIAL CERTIFICATES OF INDIVIDUALS WHO DIE WHILE SERVING IN THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE. Section 112 of title 38, United States Code, is amended-- (1) by amending subsection (a) to read as follows: ``(a)(1) At the request of the President, the Secretary may conduct a program for honoring the memory of covered individuals by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the country's recognition of the covered individual's service in the Armed Forces. ``(2) The award of a certificate to one eligible recipient shall not preclude authorization of another certificate if a request is received from some other eligible recipient.''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following new subsection (b): ``(b) For purposes of this section, a covered individual is any of the following: ``(1) A deceased veteran discharged under honorable conditions. ``(2) An individual who dies while serving in the active military, naval, or air service.''. SEC. 3. MODIFICATION TO AUTHORIZE SATISFACTION OF OCCUPANCY REQUIREMENT ON PROPERTY FINANCED WITH HOUSING LOAN BENEFITS FOR VETERANS BY OCCUPANCY OF DEPENDENT CHILDREN. Paragraph (2) of section 3704(c) of title 38, United States Code, is amended to read as follows: ``(2) In any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of this chapter shall be considered to be satisfied if-- ``(A) the veteran's spouse occupies or intends to occupy the property as a home and the spouse makes the certification required by paragraph (1); or ``(B) the veteran's dependent child occupies or will occupy the property as a home and the veteran's attorney-in-fact or a legal guardian of the veteran's dependent child makes the certification required by paragraph (1).''. SEC. 4. COVENANTS AND LIENS CREATED BY PUBLIC ENTITIES IN RESPONSE TO DISASTER-RELIEF ASSISTANCE. Paragraph (3) of section 3703(d) of title 38, United States Code, is amended to read as follows: ``(3)(A) Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan is so secured, the Secretary may either disregard or allow for subordination to a superior lien created by a duly recorded covenant running with the realty in favor of-- ``(i) a public entity that has provided or will provide assistance in response to a major disaster as declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or ``(ii) a private entity to secure an obligation to such entity for the homeowner's share of the costs of the management, operation, or maintenance of property, services, or programs within and for the benefit of the development or community in which the veteran's realty is located, if the Secretary determines that the interests of the veteran borrower and of the Government will not be prejudiced by the operation of such covenant. ``(B) With respect to any superior lien described in subparagraph (A) created after June 6, 1969, the Secretary's determination under clause (ii) of such subparagraph must have been made prior to the recordation of the covenant.''.", "summary": "Entitles a surviving spouse to a benefit for the month of a veteran's death if, at the time of the veteran's death: (1) the veteran was receiving veterans' disability compensation or veteran's pension, or (2) the veteran was not receiving such compensation or pension but had a claim pending for the month of the veteran's death for which benefits would have been payable had the veteran not died. Prohibits the Secretary of Veterans Affairs (VA) from requesting the return of a check or payment made to a surviving spouse, in the month in which the veteran's death occurs, as additional compensation for a dependent or additional pension as a married veteran. Includes under the VA's presidential memorial certificate program (a program presenting a presidential certificate of appreciation for service in the Armed Forces) an individual who dies during active service. Considers a veteran who is unable to occupy a home because of active-duty status to have satisfied the occupancy requirement relating to housing financed through the VA if the veteran's dependent child is occupying or will occupy the home and the veteran's attorney or a legal guardian of the dependent child makes the VA-required occupancy certification. Authorizes the VA to guarantee a veterans' housing loan regardless of whether such loan is subordinate to a lien created in favor of a public entity that provides assistance in response to a major disaster."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Oceanic and Atmospheric Administration Atmospheric and Satellite Program Authorization Act of 1993''. TITLE I--AUTHORIZATION OF APPROPRIATIONS SEC. 101. NATIONAL WEATHER SERVICE. (a) Operations and Research.--There are authorized to be appropriated to the Secretary of Commerce (in this Act referred to as the ``Secretary'') to enable the National Oceanic and Atmospheric Administration to carry out the operations and research duties of the National Weather Service, $473,256,000 for fiscal year 1994 and $492,185,000 for fiscal year 1995. Such duties include meteorological, hydrological, and oceanographic public warnings and forecasts, as well as applied research in support of such warnings and forecasts. (b) Systems Acquisition.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the public warning and forecast systems duties of the National Weather Service, $76,299,000 for fiscal year 1994 and $14,600,000 for fiscal year 1995. Such duties include the development, acquisition, and implementation of major public warning and forecast systems. None of the funds authorized under this subsection shall be used for the purposes for which funds are authorized under section 102(b) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567). None of the funds authorized under this subsection for fiscal year 1995 shall be used for the purposes for which funds are authorized under subsections (c) and (d) of this section. No funds may be expended for Next Generation Doppler Weather Radar (NEXRAD) until the requirements of paragraph (2)(A) or (B) of such section 102(b) have been fulfilled by the Secretary. None of the funds authorized by such section 102(b) shall be expended for a particular NEXRAD installation unless-- (1) it is identified as a National Weather Service NEXRAD installation in the National Implementation Plan for modernization of the National Weather Service for fiscal year 1994, required under section 703 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567); (2) the Secretary, in consultation with the Modernization Transition Committee established under section 707 of the National Oceanic and Atmospheric Administration Authorization Act of 1992, has made a determination of technical and programmatic necessity with respect to such installation and a period of 60 legislative days after the transmittal to the Congress of such determination, or the period between such transmittal and the next October 1, whichever period is longer, has passed; or (3) it is to be used only for spare parts, not as an installation at a particular site. For purposes of this subsection, the term ``legislative day'' means any day on which either House of Congress is in session. (c) ASOS Complete Program Authorization.--(1) Except as provided in paragraph (2), there are authorized to be appropriated to the Secretary for all fiscal years beginning after September 30, 1994, an aggregate of $30,808,000, to remain available until expended, to complete the acquisition and deployment of-- (A) the Automated Surface Observing System and related systems, including multisensor and backup arrays for National Weather Service sites at airports; and (B) Automated Meteorological Observing System and Remote Automated Meteorological Observing System replacement units, and to cover all associated activities, including program management and operations and maintenance through September 30, 1996. (2) No funds are authorized to be appropriated for any fiscal year under paragraph (1) unless, within 60 days after the submission of the President's budget request for such fiscal year, the Secretary-- (A) certifies to the Congress that-- (i) the systems meet the technical performance specifications included in the system contract as in effect on February 20, 1991; (ii) the systems can be fully deployed, sited, and operational without requiring further appropriations beyond amounts authorized under paragraph (1); and (iii) the Secretary does not foresee any delays in the systems deployment and operations schedule; or (B) submits to the Congress a report which describes-- (i) the circumstances which prevent a certification under subparagraph (A); (ii) remedial actions undertaken or to be undertaken with respect to such circumstances; (iii) the effects of such circumstances on the systems deployment and operations schedule and systems coverage; and (iv) a justification for proceeding with the program, if appropriate. (d) AWIPS Complete Program Authorization.--(1) Except as provided in paragraph (2), there are authorized to be appropriated to the Secretary for all fiscal years beginning after September 30, 1994, an aggregate of $315,887,000, to remain available until expended, to complete the acquisition and deployment of the Advanced Weather Interactive Processing System and NOAA Port and to cover all associated activities, including program management and operations and maintenance through September 30, 1999. (2) No funds are authorized to be appropriated for any fiscal year under paragraph (1) unless, within 60 days after the submission of the President's budget request for such fiscal year, the Secretary-- (A) certifies to the Congress that-- (i) the systems meet the technical performance specifications included in the system contract as in effect on January 5, 1993; (ii) the systems can be fully deployed, sited, and operational without requiring further appropriations beyond amounts authorized under paragraph (1); and (iii) the Secretary does not foresee any delays in the systems deployment and operations schedule; or (B) submits to the Congress a report which describes-- (i) the circumstances which prevent a certification under subparagraph (A); (ii) remedial actions undertaken or to be undertaken with respect to such circumstances; (iii) the effects of such circumstances on the systems deployment and operations schedule and systems coverage; and (iv) a justification for proceeding with the program, if appropriate. (e) Construction of Weather Forecast Offices.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out construction, repair, and modification activities relating to new and existing weather forecast offices, $62,784,000 for fiscal year 1994 and $14,739,000 for fiscal year 1995. Such activities include planning, design, and land acquisition related to such offices. SEC. 102. ATMOSPHERIC RESEARCH. (a) Climate and Air Quality Research.-- (1) In general.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out its climate and air quality research duties, $105,922,000 for fiscal year 1994 and $138,737,000 for fiscal year 1995. Such duties include interannual and seasonal climate research and long-term climate and air quality research. (2) Climate and global change.--Of the sums authorized under paragraph (1), $66,902,000 for fiscal year 1994 and $84,573,000 for fiscal year 1995 are authorized to be appropriated for the purposes of studying climate and global change, including global observations, monitoring, and data and information management relating to the study of changes in the Earth's climatic system, and fundamental research on oceanic and atmospheric processes critical to climate prediction and diagnostics. (b) Atmospheric Programs.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out its atmospheric research duties, $42,103,000 for fiscal year 1994 and $52,980,000 for fiscal year 1995. Such duties include research for developing improved prediction capabilities for atmospheric processes, as well as solar-terrestrial research and services. SEC. 103. NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE. (a) Satellite Observing Systems.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out its satellite observing systems duties, $206,383,000 for fiscal year 1994 and $217,710,000 for fiscal year 1995, except that no funds may be expended for Geostationary Operational Environmental Satellite until the requirements of section 105(d)(2) (A) or (B) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567) have been fulfilled by the Secretary. Such duties include spacecraft procurement, launch, and associated ground station systems involving polar orbiting and geostationary environmental satellites, as well as the operation of such satellites. None of the funds authorized under this subsection shall be used for the purposes for which funds are authorized under section 105(d) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567). None of the funds authorized under this subsection for fiscal year 1995 shall be used for the purposes for which funds are authorized under subsection (b) of this section. (b) POES Complete Program Authorization.--(1) Except as provided in paragraph (2), there are authorized to be appropriated to the Secretary for all fiscal years beginning after September 30, 1994, an aggregate of $196,343,000, to remain available until expended, to complete the procurement of Polar Orbiting Environmental Satellites J, K, L, and M, and the procurement of the launching and supporting ground systems of such satellites. (2) No funds are authorized to be appropriated for any fiscal year under paragraph (1) unless, within 60 days after the submission of the President's budget request for such fiscal year, the Secretary-- (A) certifies to the Congress that-- (i) the satellite instruments meet the technical performance specifications included in the satellite contracts as in effect on July 27, 1988; (ii) the procurements can be completed without requiring further appropriations beyond amounts authorized under paragraph (1); and (iii) the Secretary does not foresee any gaps in two-satellite service operations resulting from nonperformance of the satellite contract; or (B) submits to the Congress a report which describes-- (i) the circumstances which prevent a certification under subparagraph (A); (ii) remedial actions undertaken or to be undertaken with respect to such circumstances; (iii) the effects of such circumstances on the launch schedule and satellite coverage; and (iv) a justification for proceeding with the program, if appropriate. (3) No funds for Polar Orbiting Environmental Satellites, other than for Polar Orbiting Environmental Satellites J, K, L, and M, are authorized to be appropriated under subsection (a) unless the Director of the Office of Science and Technology Policy submits an implementation plan for a single operational polar environmental and weather satellite system and the policy for polar satellite system convergence with the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT). (c) Environmental Data and Information Services.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out its environmental data and information services duties, $34,068,000 for fiscal year 1994 and $41,227,000 for fiscal year 1995. Such duties include climate data services, geophysical data services, and environmental assessment and information services. SEC. 104. PROGRAM SUPPORT. (a) Administration and Services.--There are authorized to be appropriated to the Secretary for Administration and Services, $73,319,000 for fiscal year 1994 and $76,252,000 for fiscal year 1995. (b) Aircraft Services.--There are authorized to be appropriated to the Secretary for Aircraft Services and Aircraft Critical Safety and Instrumentation, $9,495,000 for fiscal year 1994 and $9,875,000 for fiscal year 1995. SEC. 105. LIMITATION ON APPROPRIATIONS. Notwithstanding any other provision of law, except as provided in section 101(c) and (d) and section 103(b), no funds are authorized to be appropriated for any fiscal year after fiscal year 1995 for carrying out the programs for which funds are authorized by this Act. This section shall not apply to the programs described in section 102(a)(2) or section 104(a). TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. STRATEGIC PLAN FOR ENVIRONMENTAL RESEARCH LABORATORIES. (a) Assessment.--The Secretary shall conduct an assessment of the long-term role and mission of the Environmental Research Laboratories of the National Oceanic and Atmospheric Administration and the relevance of the research conducted therein to issues of global and national importance. In conducting such assessment, the Secretary shall take into consideration-- (1) the adequacy of resources provided to support the missions of the Environmental Research Laboratories; (2) the ability of the Environmental Research Laboratories to provide research support for the coastal and ocean management and regulatory responsibilities of the National Oceanic and Atmospheric Administration; (3) the capacity of the Environmental Research Laboratories to process and disseminate environmental data and information collected and processed, or expected to be collected and processed, by the National Oceanic and Atmospheric Administration and other appropriate Federal departments and agencies; (4) the mission of the Environmental Research Laboratories to provide solar-terrestrial services to the Nation; (5) the ability of the Environmental Research Laboratories to provide continued support for the modernization of weather services; (6) the responsibilities of the Environmental Research Laboratories to monitor, assess, and predict changes in the Earth's climate; (7) the capability of the Environmental Research Laboratories to integrate and interpret scientific data in order to provide information useful to policy makers for responding to national and global environmental concerns; (8) the operational efficiency and effectiveness of the Environmental Research Laboratories; (9) the interaction of the Environmental Research Laboratories with the academic community, including Joint and Cooperative Institutes, and the ability of these interactions to improve the quality and effectiveness of research; (10) the number, location, and geographic distribution of the Environmental Research Laboratories; and (11) any other issues that the Secretary may identify. (b) Comprehensive Strategic Plan.--Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology and the Committee on Merchant Marine and Fisheries of the House of Representatives a comprehensive strategic plan, based on the assessment conducted under subsection (a), to modernize and improve the role and mission of the Environmental Research Laboratories of the National Oceanic and Atmospheric Administration. The assessment conducted under subsection (a) shall be submitted along with such plan. SEC. 202. HYDROLOGICAL RESEARCH AND FLOOD FORECAST MODERNIZATION REPORT. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Secretary, in consultation with the heads of other appropriate Federal agencies, shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report identifying the actions required to improve the hydrological research programs and to modernize the Flood Forecasting System of the National Weather Service. (b) Report Contents.--The report required under subsection (a) shall include consideration of-- (1) current, planned, and potential technological improvements in the collection of observational hydrological data; (2) use of additional satellite remote-sensing data and airborne surveys, including those systems operated by other Federal agencies, for hydrological data collection; (3) improvements in data analysis and computer modeling in support of flood forecasts and predictions; and (4) full integration of the River Forecast Centers in the National Weather Service Modernization Plan. SEC. 203. SENSE OF CONGRESS. It is the sense of Congress that any transfers of National Weather Service employees from field offices necessitated by the National Implementation Plan for Modernization of the National Weather Service be carried out in a manner that will not result in the degradation of services in the service area of such field office. Passed the House of Representatives November 20, 1993. Attest: DONNALD K. ANDERSON, Clerk. By Dallas L. Dendy, Jr., Assistant to the Clerk. HR 2811 RFS----2", "summary": "National Oceanic and Atmospheric Administration Atmospheric and Satellite Program Authorization Act of 1993 - Title I: Authorization of Appropriations - Authorizes appropriations to the Secretary of Commerce for: (1) the National Weather Service (operations and research, systems acquisition, and construction of NEXRAD facilities and weather forecast offices); (2) atmospheric research (climate and air quality research and atmospheric programs); (3) national environmental data and information services and satellite observing systems; and (4) program support (administration and services and aircraft services). Title II: Miscellaneous Provisions - Directs the Secretary to: (1) develop a strategic plan for the National Oceanic and Atmospheric Administration's environmental research laboratories; and (2) prepare a hydrological research and flood forecasting modernization report. Expresses the sense of the Congress that any transfers of National Weather Service field office employees necessitated by the National Implementation Plan for Modernization of the National Weather Service be carried out in a manner that will not degrade field services."}
{"article": "SECTION 1. QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Subchapter F of chapter 1 of the Internal Revenue Code of 1986 (relating to exempt organizations) is amended by adding at the end the following new part: ``PART VIII--QUALIFIED STATE TUITION PROGRAMS ``Sec. 529. Qualified State tuition programs. ``SEC. 529. QUALIFIED STATE TUITION PROGRAMS. ``(a) General Rule.--A qualified State tuition program shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Qualified State Tuition Program.--For purposes of this section-- ``(1) In general.--The term `qualified State tuition program' means a program established and maintained by a State or agency or instrumentality thereof-- ``(A) under which a person-- ``(i) may purchase tuition credits or certificates on behalf of a designated beneficiary which entitle the beneficiary to the waiver or payment of qualified higher education expenses of the beneficiary, or ``(ii) may make contributions to an account which is established for the sole purpose of meeting the qualified higher education expenses of the designated beneficiary of the account, and ``(B) which meets the other requirements of this subsection. ``(2) Cash contributions.--A program shall not be treated as a qualified State tuition program unless it provides that purchases or contributions may only be made in cash. ``(3) Refunds.--A program shall not be treated as a qualified State tuition program unless it imposes a more than de minimis penalty on any refund of earnings from the account which are not-- ``(A) used for qualified higher education expenses of the designated beneficiary, ``(B) made on account of the death or disability of the designated beneficiary, or ``(C) made on account of a scholarship received by the designated beneficiary to the extent the amount of the refund does not exceed the amount of the scholarship used for qualified higher education expenses. ``(4) Separate accounting.--A program shall not be treated as a qualified State tuition program unless it provides separate accounting for each designated beneficiary. ``(5) No investment direction.--A program shall not be treated as a qualified State tuition program unless it provides that any contributor to, or designated beneficiary under, such program may not direct the investment of any contributions to the program (or any earnings thereon). ``(6) No pledging of interest as security.--A program shall not be treated as a qualified State tuition program if it allows any interest in the program or any portion thereof to be used as security for a loan. ``(c) Tax Treatment of Designated Beneficiaries and Contributors.-- ``(1) In general.--Except as otherwise provided in this subsection, no amount shall be includible in gross income of-- ``(A) a designated beneficiary under a qualified State tuition program, or ``(B) a contributor to such program on behalf of a designated beneficiary, with respect to any distribution from, or earnings under, such program. ``(2) Distributions.-- ``(A) In general.--Any distribution under a qualified State tuition program shall be includible in the gross income of the distributee in the same manner as provided under section 72 to the extent not excluded from gross income under any other provision of this chapter. ``(B) In-kind distributions.--The furnishing of education to a designated beneficiary under a qualified State tuition program shall be treated as a distribution to the beneficiary. ``(C) Change in beneficiaries.-- ``(i) Rollovers.--Subparagraph (A) shall not apply to that portion of any distribution which, within 60 days of such distribution, is transferred to the credit of another designated beneficiary under a qualified State tuition program who is a member of the same family as the designated beneficiary with respect to which the distribution was made. ``(ii) Change in designated beneficiaries.--Any change in the designated beneficiary of an interest in a qualified State tuition program shall not be treated as a distribution for purposes of subparagraph (A) if the new beneficiary is a member of the same family as the old beneficiary. ``(D) Operating rules.--For purposes of applying section 72-- ``(i) all qualified State tuition programs of which an individual is a designated beneficiary shall be treated as one program, ``(ii) all distributions during a taxable year shall be treated as one distribution, and ``(iii) the value of the contract, income on the contract, and investment in the contract shall be computed as of the close of the calendar year in which the taxable year begins. ``(3) Gift tax treatment.--Any contribution on behalf of a designated beneficiary to a qualified State tuition program shall be treated as a qualified transfer for purposes of section 2503(e). ``(d) Reporting Requirements.-- ``(1) In general.--If-- ``(A) a designated beneficiary is furnished education under a qualified State tuition program during any calendar year, or ``(B) there is a distribution to any individual with respect to an interest in such program during any calendar year, each officer or employee having control of the qualified State tuition program or their designee shall make such reports as the Secretary may require regarding such education or distribution to the Secretary and to the designated beneficiary or the individual to whom the distribution was made. Any such report shall include such information as the Secretary may prescribe. ``(2) Timing of reports.--Any report required by this subsection-- ``(A) shall be filed at such time and in such matter as the Secretary prescribes, and ``(B) shall be furnished to individuals not later than January 31 of the calendar year following the calendar year to which such report relates. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Designated beneficiary.--The term `designated beneficiary' means-- ``(A) the individual designated at the commencement of participation in the qualified State tuition program as the beneficiary of amounts paid (or to be paid) to the program, ``(B) in the case of a change in beneficiaries described in subsection (c)(2)(C)(ii), the individual who is the new beneficiary, and ``(C) in the case of an interest in a qualified State tuition program purchased by a State or local government or an organization described in section 501(c)(3) and exempt from taxation under section 501(a) as part of a scholarship program operated by such government or organization, the individual receiving such interest as a scholarship. ``(2) Member of family.--The term `member of family' has the same meaning given such term as section 2032A(e)(2). ``(3) Qualified higher education expenses.--The term `qualified higher education expenses' means tuition, fees, books, supplies, and equipment required for the enrollment or attendance of a designated beneficiary at an eligible education institution (as defined in section 135(c)(3)). ``(4) Application of section 514.--An interest in a qualified State tuition program shall not be treated as debt for purposes of section 514.''. (b) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Transition rule.--If-- (A) a State or agency or instrumentality thereof maintains, on the date of the enactment of this Act, a program under which persons may purchase tuition credits or certificates on behalf of, or make contributions for education expenses of, a designated beneficiary, and (B) such program meets the requirements of a qualified State tuition program before the later of-- (i) the date which is 1 year after such date of enactment, or (ii) the first day of the first calendar quarter after the close of the first regular session of the State legislature that begins after such date of enactment, the amendments made by this section shall apply to contributions (and earnings allocable thereto) made before the later of such dates without regard to whether any requirements of such amendments are met with respect to such contributions and earnings. For purposes of subparagraph (B)(ii), if a State has a 2- year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.", "summary": "Amends the Internal Revenue Code to exempt from taxation a qualified State tuition program. Defines such a program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``After Care Act of 2007''. SEC. 2. REQUIREMENT OF AIDS TESTING FOR PRISONERS ABOUT TO BE RELEASED. Section 4014(a) of title 18, United States Code, is amended by adding at the end the following: ``The Attorney General shall cause each individual about to be released from a sentence of imprisonment for a Federal offense, other than those who have already tested positive for the human immunodeficiency virus, to be tested for the presence of that virus. If an individual is determined under the preceding sentence to test positive for the presence of the human immunodeficiency virus, the Attorney General shall inform the individual, prior to the individual's release, that the individual has tested positive for such virus and has an obligation to accept treatment through the program under section 4 of the After Care Act of 2007.''. SEC. 3. CONDITIONS OF SUPERVISED RELEASE. Section 3583(d) of title 18, United States Code, is amended by inserting after the 4th sentence the following: ``The court shall order, as explicit conditions of supervised release, that the defendant accept treatment through the program under section 4 of the After Care Act of 2007 and provide notice to any prospective sexual partner that the defendant has tested positive for the presence of the human immunodeficiency virus before engaging in any sex act with such partner, if the Attorney General informs the defendant before the defendant's release from prison that the defendant has tested positive for the presence of the human immunodeficiency virus and it will be the obligation of the defendant to accept such treatment and provide such notice.''. SEC. 4. PROGRAM FOR HIV/AIDS TREATMENT OF RECENTLY RELEASED FEDERAL PRISONERS. (a) Establishment.--The Attorney General of the United States and the Secretary of Health and Human Services, acting jointly, shall establish and maintain a program to provide to each eligible individual treatment for HIV/AIDS throughout the treatment period. (b) Consultation.--In carrying out this section, the Attorney General of the United States and the Secretary of Health and Human Services shall consult with the Director of the Centers for Disease Control and Prevention, the Administrator of the Health Resources and Services Administration, and the Administrator of the Centers for Medicare & Medicaid Services. (c) Program Requirements.--The program established under subsection (a) shall provide for the following: (1) Each eligible individual shall be provided with treatment for HIV/AIDS throughout the treatment period. (2) Prior to the eligible individual's release by the Bureau of Prisons, a culturally competent health care provider shall be assigned to the individual-- (A) to formulate a medical discharge plan for the individual; and (B) to continue to provide support services to the individual throughout the treatment period. (3) A discharge plan under paragraph (2)(A) shall include-- (A) completion of the procedural requirements necessary to establish eligibility for benefits under government programs, such as Medicaid, in sufficient time so that such eligibility has been established prior to release; (B) provision of government-issued identification; and (C) provision to the eligible individual and to the health care provider assigned to the individual under paragraph (2) of copies of all medical documents relating to the individual's treatment while incarcerated, including copies of prescriptions. (4) Prior to the eligible individual's release by the Bureau of Prisons-- (A) a determination shall be made as to whether the individual will be homeless upon release; and (B) if the individual would otherwise be homeless upon release, arrangements shall be made for safe and appropriate housing for the individual. (5) Prior to the eligible individual's release by the Bureau of Prisons, the health care provider assigned to the individual under paragraph (2) shall schedule a medical appointment for the individual. (6) Prior to the eligible individual's release by the Bureau of Prisons-- (A) the individual shall be provided with a one to two week supply of medications for treatment for HIV/ AIDS; and (B) to minimize the risk of such medications being resold-- (i) if the individual is receiving pain medication while incarcerated, the individual shall be tested to determine whether the individual has been taking or selling the medication; and (ii) the medications provided under subparagraph (A) shall be provided in a form, such as open boxes, that is more difficult to sell. (7) At the point of the eligible individual's release by the Bureau of Prisons, the individual-- (A) shall be met and escorted to the services necessary for treatment for HIV/AIDS; and (B) shall be provided with any appropriate emergency assistance, such as appropriate clothing. (8) During the treatment period-- (A) the eligible individual shall be provided with a contact for his or her first medical appointment and, if necessary, arrangements shall be made for subsequent appointments; (B) the individual shall be provided with treatment adherence services to help the individual understand and adhere to the applicable medical regimen; (C) the individual shall be provided, as determined necessary, with access to substance abuse treatment and to mental health services; and (D) a skilled and culturally competent case manager and counselor shall be assigned to work with the individual to ensure that needed support services are obtained, medical appointments are kept, and the individual is supported through the difficult transition from incarceration to the streets. (9) Before the end of the treatment period, the health care provider assigned to the eligible individual under paragraph (2) shall arrange for the continuation of treatment for HIV/ AIDS after such period. (d) Definitions.--In this section: (1) The term ``eligible individual'' means an individual who-- (A) is released from a sentence of imprisonment for a Federal offense; and (B) at the time of such release, tests positive for the presence of the human immunodeficiency virus. (2) The term ``treatment for HIV/AIDS'' means treatment for human immunodeficiency virus or acquired immune deficiency syndrome. Such treatment includes health care (including the provision of medication), counseling, and education. (3) The term ``treatment period'' means the period-- (A) beginning on the date of the individual's release by the Bureau of Prisons; and (B) ending on the date that is 2 years after such date of release. (e) Applicability.--This section applies only with respect to eligible individuals released on or after the dates that is 60 days after the date of the enactment of this Act. (f) Funding.--For fiscal year 2008 and each subsequent fiscal year, there shall be appropriated such sums as may be necessary to carry out this section. SEC. 5. UNLAWFUL SALE OF FEDERALLY FUNDED HIV/AIDS MEDICATION. (a) Prohibition.--A person receiving HIV/AIDS medication, including antiretrovirals, through a Federal program shall not sell, or trade for any benefit, such medication. (b) Enforcement.--If a person violates subsection (a), the Federal official responsible for the program involved shall prohibit the person from receiving any additional HIV/AIDS medication through such program, unless the person agrees to abide by the following: (1) The person will receive such medication only through a pharmacy that has been designated by the Secretary of Health and Human Services as a specialty HIV pharmacy. (2) The person will receive counseling to help him or her understand and adhere to the applicable medical regimen. (c) Designation of Specialty HIV Pharmacies.--For purposes of subsection (b)(1), the Secretary of Health and Human Services shall designate a pharmacy as a specialty HIV pharmacy if the pharmacy agrees to take such actions as may be determined necessary by the Secretary to prevent persons who receive HIV/AIDS medication from violating subsection (a). (d) Definition.--In this section, the term ``HIV/AIDS medication'' means medication to treat the person involved for human immunodeficiency virus, acquired immune deficiency syndrome, or related symptoms.", "summary": "After Care Act of 2007 - Amends the federal criminal code to require: (1) the Attorney General to provide for the testing of prisoners about to be released from a federal facility for the human immunodeficiency virus; and (2) courts to order defendants testing positive for the virus to accept HIV/AIDS treatment as a condition of supervised release and to notify any prospective sexual partner of HIV/AIDS status. Requires the Attorney General and the Secretary of Health and Human Services to establish and maintain a program for HIV/AIDS treatment of prisoners for two years after release by the Bureau of Prisons. Prohibits individuals receiving HIV/AIDS medication, including antiretrovirals, through a federal program from selling or trading such medication."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Accountability Study Act''. SEC. 2. TRADE IMPACT COMMISSION. (a) Establishment.--There is established the ``Trade Impact Review Commission'' (in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall-- (1) determine-- (A) the extent to which exports of goods of the United States to NAFTA countries, and imports of goods of NAFTA countries into the United States, have increased or decreased since January 1, 1994; and (B) the number of jobs in the United States that have been created as a result of increased exports of goods of the United States to NAFTA countries, and the number of jobs in the United States that have been lost as a result of increased imports of goods of NAFTA countries into the United States, since January 1, 1994; and (2) determine-- (A) the extent to which exports of goods of the United States to the People's Republic of China, and imports of goods of the People's Republic of China into the United States, have increased or decreased since December 11, 2001; and (B) the number of jobs in the United States that have been created as a result of increased exports of goods of the United States to the People's Republic of China, and the number of jobs in the United States that have been lost as a result of increased imports of goods of the People's Republic of China into the Untied States, since December 11, 2001; and (3) submit to the appropriate committees of the Congress, the Secretary of Commerce, the Secretary of Labor, and the United States Trade Representative, the findings of the Commission under paragraphs (1) and (2), as well as any recommendations the Commission has for strengthening the United States labor force in light of such findings. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 5 members appointed as follows: (A) 1 member appointed by the President. (B) 1 member appointed by the Speaker of the House of Representatives. (C) 1 member appointed by the minority leader of the House of Representatives. (D) 1 member appointed by the majority leader of the Senate. (E) 1 member appointed by the minority leader of the Senate. (2) Persons eligible.-- (A) In general.--The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission. The members may be from the public or private sector, and may include employees of the Federal Government or of State or local governments, members of academia, nonprofit organizations, or industry, or other interested individuals. (B) Diversity.--It is the intent of the Congress that persons appointed to the Commission under paragraph (1) be persons who represent diverse economic and professional backgrounds from different regions of the United States. (3) Consultation and appointment.-- (A) In general.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall consult among themselves before appointing the members of the Commission in order to achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. (B) Completion of appointments; vacancies.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall conduct the consultation under subparagraph (A) and make their respective appointments not later than 60 days after the date of the enactment of this Act. (4) Terms and vacancies.--Each member of the Commission shall be appointed for the life of the Commission. A vacancy in the membership of the Commission shall not affect the powers of the Commission and shall be filled, not later than 30 days after the vacancy occurs, in the same manner as the original appointment was made. (5) Chair and vice chair.--The Commission shall select a Chair and Vice Chair from among its members. (d) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--After the initial meeting, the Commission shall meet at the call of the Chair. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. (f) Compensation.-- (1) Rate.--Except as provided in paragraph (2), members of the Commission shall each be paid the daily equivalent of the annual rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.--A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress may not receive additional pay, allowances, or benefits by reason of his or her service on the Commission. (g) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (h) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (i) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (j) Powers.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chair or Vice Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. (k) Report.--The Commission shall transmit a report containing its findings and recommendations under subsection (b)(3) not later than 180 days after the first meeting of the Commission under subsection (d)(1). (l) Termination.--The Commission shall terminate 30 days after submitting its report under subsection (k). (m) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 3. FUTURE NEGOTIATIONS. In preparing for and engaging in negotiations for trade agreements, the President shall ensure that the findings and recommendations of the Trade Impact Commission established in section 2 are included in developing trade policy with respect to such negotiations. SEC. 4. PRESIDENTIAL CERTIFICATIONS. The President shall submit to the Congress, not later than May 31 of each year, a report that certifies whether or not-- (1) each NAFTA country is meeting commitments made in the North American Agreement on Environmental Cooperation and in the North American Agreement on Labor Cooperation; and (2) the People's Republic of China is meeting its obligations with respect to protection of the environment and worker rights by reason of its accession to the World Trade Organization, including commitments made to the United States. SEC. 5. DEFINITIONS. As used in this Act: (1) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement entered into by the United States, Canada, and Mexico on December 17, 1992. (2) NAFTA country.--The term ``NAFTA country'' has the meaning given that term in section 2(4) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)). (3) North american agreement on environmental cooperation.--The term ``North American Agreement on Environmental Cooperation'' has the meaning given that term in section 532(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3472(b)(2)). (4) North american agreement on labor cooperation.--The term ``North American Agreement on Labor Cooperation'' has the meaning given that term in section 531(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3471(b)(2)).", "summary": "Trade Accountability Study Act - Establishes the Trade Impact Review Commission to determine: (1) the extent to which exports of U.S. goods to North American Free Trade Agreement (NAFTA) countries, and imports into the United States of goods from NAFTA countries, have increased or decreased since January 1, 1994; (2) the number of jobs in the United States that have resulted from increased exports of U.S. goods to NAFTA countries, and the number of jobs in the United States that have been lost as a result of increased imports into the United States of goods from NAFTA countries, since January 1, 1994; (3) the extent to which exports of U.S. goods to the People's Republic of China, and imports into the United States of Chinese goods, have increased or decreased, since December 11, 2001; and (4) the number of jobs in the United States that have resulted from increased exports of U.S. goods to China, and the number of jobs in the United States lost as a result of increased imports into the United States of goods from China, since December 11, 2001.Directs the President to certify annually to Congress whether or not: (1) each NAFTA country is meeting its commitments with respect to the North American Agreement on Environmental Cooperation and the North American Agreement on Labor Cooperation; and (2) China is meeting its obligations with respect to the protection of the environment and worker rights because of its accession to the World Trade Organization, including commitments made to the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Disease Risk Assessment, Prevention, and Control Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) it is in the interest of the United States to maintain healthy livestock herds; (2) managing the risks of foot and mouth disease, bovine spongiform encephalopathy, and related diseases in the United States may require billions of dollars for remedial activities by consumers, producers, and distributors of meat and blood products; (3) the potential introduction of those diseases into the United States would cause devastating financial losses to-- (A) the agriculture industry and other economic sectors; and (B) United States trade in the affected animals and animal products; (4) foot and mouth disease is a severe and highly contagious viral infection affecting cattle, deer, goats, sheep, swine, and other animals; (5) the most effective means of eradicating foot and mouth disease is by the slaughter of affected animals; (6) while foot and mouth disease was eradicated in the United States in 1929, the virus could be reintroduced by-- (A) a single infected animal, an animal product, or a person carrying the virus; (B) an act of terrorism; or (C) other means; (7) once introduced, foot and mouth disease can spread quickly through-- (A) exposure to aerosols from infected animals; (B) direct contact with infected animals; and (C) contact with contaminated feed, equipment, or humans harboring the virus or carrying the virus on their clothing; (8) foot and mouth disease is endemic to more than \\2/3\\ of the world and is considered to be widespread in parts of Africa, Asia, Europe, and South America; (9) foot and mouth disease occurs in over 7 different serotypes and 60 subtypes; (10) as foot and mouth disease outbreaks have occurred, the United States has banned the importation of live ruminants and swine and many animal products from countries affected by foot and mouth disease; (11) recently, the United States has implemented bans in response to outbreaks in Argentina, the European Union, and Taiwan; (12) although United States exclusion programs have been successful at keeping foot and mouth disease out of the United States since 1929, recent outbreaks in Argentina, the European Union, and Taiwan are placing an unprecedented strain on our animal health system; (13) bovine spongiform encephalopathy is a transmissible, neuro-degenerative disease found in cattle; (14) in cattle with bovine spongiform encephalopathy, the active agent is found primarily in the brain and spinal cord and has not been found in commonly consumed beef products; (15) bovine spongiform encephalopathy is thought to have an incubation period of several years but is ultimately fatal to cattle within weeks of onset of the active disease; (16) bovine spongiform encephalopathy was first widely found in 1986 in cattle in the United Kingdom; (17) bovine spongiform encephalopathy-carrying cattle have been found in cattle in Belgium, Denmark, France, Germany, Ireland, Italy, Liechtenstein, Luxembourg, the Netherlands, Portugal, Spain, and Switzerland; (18) cattle infected with bovine spongiform encephalopathy originating from the United Kingdom have been found and intercepted in Canada; (19) since 1989, the Secretary of Agriculture has prohibited the importation of live grazing animals from countries where bovine spongiform encephalopathy has been found in cattle; (20) other products derived from grazing animals, such as blood meal, bonemeal, fat, fetal bovine serum, glands, meat- and-bone meal, and offal, are prohibited from entry, except under special conditions or under permits issued by the Secretary of Agriculture for scientific or research purposes; (21) on December 12, 1997, the Secretary of Agriculture extended those restrictions to include all countries in Europe because of concerns about widespread risk factors and inadequate surveillance for bovine spongiform encephalopathy; (22) on December 7, 2000, the Secretary of Agriculture prohibited all imports of rendered animal protein products from Europe; (23) Creutzfeldt-Jacob disease is a human spongiform encephalopathy; (24) on March 20, 1996, the Spongiform Encephalopathy Advisory Committee of the United Kingdom announced the identification of 10 cases of a new variant of Creutzfeldt- Jacob disease; (25) all 10 patients developed onsets of the disease in 1994 or 1995; (26) scientific experts (including scientists at the Department of Agriculture, the Department of Health and Human Services, and the World Health Organization) are studying the possible link (including potential routes of transmission) between bovine spongiform encephalopathy and variant Creutzfeldt-Jacob disease; (27) from October 1996 to December 2000, 87 cases of variant Creutzfeldt-Jacob disease have been reported in the United Kingdom, 3 cases in France, and 1 case in Ireland; and (28) to reduce the risk of human spongiform encephalopathies in the United States, the Commissioner of Food and Drugs has-- (A) banned individuals who lived in Great Britain for at least 180 days since 1980 from donating blood in the United States; and (B) established regulations that prohibit the feeding of most animal-derived proteins to grazing animals. (b) Purpose.--The purpose of this Act is to provide the people of the United States and Congress with information concerning-- (1) actions by Federal agencies to prevent foot and mouth disease, bovine spongiform encephalopathy, and related diseases; (2) the sufficiency of legislative authority to prevent or control foot and mouth disease, bovine spongiform encephalopathy, and related diseases in the United States; (3) the economic impacts associated with the potential introduction of foot and mouth disease, bovine spongiform encephalopathy, and related diseases into the United States; and (4) the risks to public health from possible links between bovine spongiform encephalopathy and other spongiform encephalopathies to human illnesses. SEC. 3. REPORT TO CONGRESS. (a) Preliminary Report.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committees and Subcommittees described in paragraph (2) a preliminary report concerning-- (A) coordinated interagency activities to assess, prevent, and control the spread of foot and mouth disease and bovine spongiform encephalopathy in the United States; (B) sources of information from the Federal Government available to the public on foot and mouth disease and bovine spongiform encephalopathy; and (C) any immediate needs for additional legislative authority, appropriations, or product bans to prevent the introduction of foot and mouth disease or bovine spongiform encephalopathy into the United States. (2) Submission of report to congress.--The Secretary shall submit the preliminary report to-- (A) the Committee on Agriculture of the House of Representatives; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Subcommittee on Agriculture, Rural Development, and Related Agencies of the Committee on Appropriations of the Senate; and (D) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives. (b) Final Report.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committees and Subcommittees described in subsection (a)(2) a final report that-- (A) discusses the economic impacts associated with the potential introduction of foot and mouth disease, bovine spongiform encephalopathy, and related diseases into the United States; (B) discusses the potential risks to public and animal health from foot and mouth disease, bovine spongiform encephalopathy, and related diseases; and (C) provides recommendations to protect the health of animal herds and citizens of the United States from those risks including, if necessary, recommendations for additional legislation, appropriations, or product bans. (2) Contents.--The report shall contain-- (A) an assessment of the risks to the public presented by the potential presence of foot and mouth disease, bovine spongiform encephalopathy, and related diseases in domestic and imported livestock, livestock and animal products, wildlife, and blood products; (B) recommendations to reduce and manage the risks of foot and mouth disease, bovine spongiform encephalopathy, and related diseases; (C) any plans of the Secretary to identify, prevent, and control foot and mouth disease, bovine spongiform encephalopathy, and related diseases in domestic and imported livestock, livestock products, wildlife, and blood products; (D) a description of the incidence and prevalence of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in other countries; (E) a description and an analysis of the effectiveness of the measures taken to assess, prevent, and control the risks of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in other countries; (F) a description and an analysis of the effectiveness of the measures that the public, private, and nonprofit sectors have taken to assess, prevent, and control the risk of foot and mouth disease, bovine spongiform encephalopathy, and related diseases in the United States, including controls of ports of entry and other conveyances; (G) a description of the measures taken to prevent and control the risk of bovine spongiform encephalopathy and variant Creutzfeldt-Jacob disease transmission through blood collection and transfusion; (H) a description of any measures (including any planning or managerial initiatives such as interagency, intergovernmental, international, and public-private sector partnerships) that any Federal agency plans to initiate or continue to assess, prevent, and control the spread of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in the United States and other countries; (I) plans by Federal agencies (including the Centers for Disease Control and Prevention)-- (i) to monitor the incidence and prevalence of the transmission of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in the United States; and (ii) to assess the effectiveness of efforts to prevent and control the spread of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in the United States; (J) plans by Federal agencies (including the Agricultural Research Service, the Cooperative State Research, Education, and Extension Service, and the National Institutes of Health) to carry out, in partnership with the private sector-- (i) research programs into the causes and mechanism of transmission of foot and mouth disease and bovine spongiform encephalopathy; and (ii) diagnostic tools and preventive and therapeutic agents for foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases; (K) plans for providing appropriate compensation for affected animals in the event of the introduction of foot and mouth disease, bovine spongiform encephalopathy, or related diseases into the United States; and (L) recommendations to Congress for legislation that will improve efforts to assess, prevent, or control the transmission of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt- Jacob disease, and related diseases in the United States and in other countries. (c) Consultation.-- (1) Preliminary report.--In preparing the preliminary report under subsection (a), the Secretary shall consult with-- (A) the Secretary of the Treasury (B) the Secretary of Commerce; (C) the Secretary of State; (D) the Secretary of Health and Human Services; (E) the Secretary of Defense; (F) the United States Trade Representative; (G) the Director of the Federal Emergency Management Agency; and (H) representatives of other appropriate Federal agencies; (2) Final report.--In preparing the final report under subsection (b), the Secretary shall consult with-- (A) the individuals listed in paragraph (1); (B) private and nonprofit sector experts in infectious disease, research, prevention, and control; (C) international, State, and local governmental animal health officials; (D) private, nonprofit, and public sector livestock experts; (E) representatives of blood collection and distribution entities; and (F) representatives of consumer and patient organizations and other interested members of the public.", "summary": "Animal Disease Risk Assessment, Prevention, and Control Act of 2001 - Directs the Secretary of Agriculture to submit a preliminary report to specified congressional committees concerning: (1) interagency measures to assess, prevent, and control the spread of foot and mouth disease and bovine spongiform encephalopathy (\"mad cow disease\") in the United States; (2) related Federal information sources available to the public; and (3) the need for any additional legislative authority or product bans.Directs the Secretary to submit a final report to such committees that discusses such diseases' economic impacts, public and animal health risks, and related legislative authority or product bans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Information Security Protection Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS INFORMATION SECURITY IMPROVEMENTS. (a) Submittal of Quarterly Information Security Report to Congress.--Paragraph (14) of subsection (b) of section 5723 of title 38, United States Code, is amended by inserting ``and to the Committees on Veterans' Affairs of the Senate and House of Representatives'' after ``to the Secretary''. (b) Plan for Addressing Known Information Security Vulnerabilities.--Such subsection is further amended by adding at the end the following new paragraph: ``(17) Submitting to the Chairs and Ranking Members of the Committees on Veterans' Affairs of the Senate and House of Representatives, by not later than 30 days after the date of the enactment of this paragraph, and quarterly thereafter, a plan of action to address critical known information security vulnerabilities that includes-- ``(A) specific milestones regarding timelines to address such vulnerabilities; ``(B) a summary of any reports provided to the Assistant Secretary for Information and Technology pursuant to subsection (e)(3) during the period covered by the report; ``(C) a discussion of any risk assessment analysis undertaken by the Department that led to the inclusion of any such vulnerability; and ``(D) a summary of such plan of action that could be made publicly available.''. (c) Plan for Replacing Outdated Operating Systems.--Such subsection is further amended by adding at the end the following new paragraph: ``(18) Submitting to the Committees on Veterans' Affairs of the Senate and House of Representatives, by not later than January 1 of each year, a plan for identifying and replacing operating systems of the Department that are out-of-date or unsupported and that includes-- ``(A) requirements that such an operating system be removed from the network of the Department no later than 15 days after the date on which the operating system was identified as being out-of-date or unsupported; and ``(B) information concerning the number of systems so identified during the year preceding the year in which the report is submitted, when each such system was so identified, and when each system so identified was removed from the network of the Department.''. (d) Software Security.--Such subsection is further amended by adding at the end the following new paragraph: ``(19) Ensuring that any software or Internet applications used on systems by the Department are secure from vulnerabilities that could affect the confidentiality of sensitive personal information of veterans.''. SEC. 3. INFORMATION TECHNOLOGY REPORTING REQUIREMENTS. (a) In General.--Chapter 57 of title 38, United States Code, is amended-- (1) by redesignating sections 5727 and 5728 as sections 5729 and 5730, respectively; and (2) by inserting after section 5726 the following new sections: ``Sec. 5727. Reporting requirements ``Not later than 30 days after the last day of each fiscal quarter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report that includes the following information for that fiscal quarter: ``(1) A detailed description of any incidents of failure to comply with established information security policies that occurred during that quarter. ``(2) Any actions taken in response to such an incident. ``(3) Any reports made under paragraphs (8) through (10) of subsection (b) of section 5723 of this title during that quarter. ``(4) Written certification that the requirements of section 5722(c) of this title were followed during that quarter. ``(5) A detailed discussion of whether each recommendation made by the National Institute of Standards and Technology, the Office of Management and Budget, or the Department of Homeland Security relating to information security have been implemented by the Department, and if not, an explanation of why such recommendation was not implemented. ``(6) Steps taken to ensure the security of the Veterans Health Information Systems and Technology Architecture of the Department that allows for an integrated inpatient and outpatient electronic health record for patients and provides administrative tools to employees of the Department taken during that quarter. ``Sec. 5728. Information security strategic plan ``(a) Plan Required.--Not later than one year after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Homeland Security, the Director of the Office of Management and Budget, the Secretary of Defense, the Director of the National Institute of Standards and Technology, the heads of other appropriate Federal agencies, veterans groups, and appropriate industry specialists, shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a strategic plan for improving the information security of the Department. Such plan shall address-- ``(1) methods of protecting the sensitive personal information of veterans while not unduly interfering with the ability of the Department to provide benefits and services to veterans and their dependents; ``(2) how the Department can improve its compliance with information security requirements; ``(3) training and recruitment of employees with the necessary expertise and abilities in information security; and ``(4) the institutional capability of the Department to address information security threats and to implement best practices related to information security. ``(b) Biannual Updates.--The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives biannual updates to the plan required by subsection (a).''. (b) Clerical Amendments.--The table of sections at the beginning of such chapter is amended by striking the items relating to sections 5727 and 5728 and inserting the following new items: ``5727. Reporting requirements. ``5728. Information security strategic plan. ``5729. Definitions. ``5730. Authorization of appropriations.''. SEC. 4. REQUIREMENTS FOR DEPARTMENT OF VETERANS AFFAIRS CONTRACTS FOR DATA PROCESSING OR MAINTENANCE. (a) In General.--Section 5725(a) of title 38, United States Code, is amended-- (1) in paragraph (2), by striking the period and inserting ``; and''; and (2) by adding at the end the following new paragraph: ``(3) the contractor shall provide protective measures to safeguard from possible information security threats any information provided by the Department that will be resident on or transiting through information systems controlled by the contractor.''. (b) Applicability.--Paragraph (3) of section 5725(a) of title 38, United States Code, shall apply with respect to a contract entered into after the date of the enactment of this Act.", "summary": "Department of Veterans Affairs Information Security Protection Act - Requires the Assistant Secretary of Veterans Affairs for Information and Technology to submit to the congressional veterans committees (under current law, only to the Secretary of Veterans Affairs) quarterly reports on Department of Veterans Affairs (VA) compliance with federally-required information security improvements. Directs the Assistant Secretary to submit to such committees: (1) quarterly, a plan of action to address critical known VA information security vulnerabilities; and (2) annually, a plan for identifying and replacing VA operating systems that are out-of-date or unsupported. Requires the Assistant Secretary to ensure that any software or Internet applications used on VA operating systems are secure from vulnerabilities that could affect the confidentiality of sensitive personal information on veterans. Directs the Secretary to report, quarterly, to such committees on any incidents of failure to comply with established information security policies, any actions taken in response to such incidents, and certain related information. Requires the Secretary to submit a strategic plan for improving VA information security and to update such plan at least every two years. Requires VA contractors with access to sensitive personal information to provide protective measures to safeguard from possible information security threats any information provided by the VA that will be resident on, or transiting through, information systems controlled by that contractor."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``College Literacy in Finance and Economics Act of 2011'' or the ``College LIFE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Student borrowing is widespread in higher education, and more than $100,000,000,000 in Federal education loans are originated each year. In 2008, 62 percent of recipients of a baccalaureate degree graduated with student debt. (2) Forty-eight percent of students at 4-year public institutions of higher education borrow money to pay for college, as do 57 percent of students at 4-year private institutions of higher education, and 96 percent of students at for-profit institutions of higher education. (3) In 2008, 92 percent of Black students, 85 percent of Hispanic students, 85 percent of American Indian/Alaska Native students, 82 percent of multi-racial students, 80 percent of Native Hawaiian/Pacific Islander students, 77 percent of White students, and 68 percent of Asian students received financial aid. (4) Students depart from institutions of higher education with significant debt. In 2008, the average student loan debt among graduates of institutions of higher education was $23,186, and 1 in 10 recipients of a baccalaureate degree graduated with at least $40,000 in debt. In 2008, 57 percent of recipients of a baccalaureate degree from a for-profit institution of higher education owed more than $30,000, and the median amount of debt was $32,700. Since 2003, the average cumulative debt among students at institutions of higher education has increased by 5.6 percent each year. (5) Students enrolled in for-profit institutions of higher education account for 47 percent of all student loan defaults, despite representing approximately 10 percent of all students enrolled in institutions of higher education. Since 2003, the national cohort default rate has increased from 4.5 percent to 7 percent. (6) Students rely on access to credit. Fifty-six percent of dependent students at institutions of higher education had a credit card in their own name in 2004. The average credit card balance among such students who were carrying a balance on their cards was $2,000. (7) According to the National Foundation for Credit Counseling, the majority of adults (56 percent of adults in the United States, or 127,000,000 people) do not have a budget or keep close track of expenses or spending. (8) According to a 2009 National Bankruptcy Research Center study, consumers who received financial education through pre- bankruptcy counseling had 27.5 percent fewer delinquent accounts and remained current on their accounts for 29 percent longer than consumers who did not receive such counseling. (9) According to the Financial Industry Regulatory Authority Investor Education Foundation, less than \\1/3\\ of young adults (ages 18 to 29) set aside emergency savings to weather unexpected financial challenges. (10) According to a Jump$tart Coalition for Personal Financial Literacy survey, 62 percent of high school students cannot pass a basic personal finance exam, and financial literacy scores among future higher education students are low. (11) According to research by the National Endowment for Financial Education and the University of Arizona, schools are the institutions that students trust most to help increase their knowledge of personal finance. SEC. 3. FINANCIAL LITERACY COUNSELING. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Financial Literacy Counseling.-- ``(1) In general.--Each eligible institution shall provide financial literacy counseling to borrowers in accordance with the requirements of this subsection, through-- ``(A) financial aid offices; ``(B) an employee or group of employees designated under subsection (c); or ``(C) a contract or partnership with a nonprofit organization that has substantial experience developing or administering financial literacy and economic education curricula, which may include an organization that has received grant funding under the Excellence in Economic Education Act of 2001 (20 U.S.C. 7267 et seq.). ``(2) Entrance and exit counseling required.-- ``(A) In general.--Financial literacy counseling, as required under this subsection, shall be provided to borrowers on the following 2 occasions: ``(i) Entrance counseling.--Such counseling shall be provided not later than 45 days after the first disbursement of a borrower's first loan that is made, insured, or guaranteed under part B, made under part D, or made under part E. ``(ii) Exit counseling.--Such counseling shall be provided, in addition to the counseling provided under clause (i), prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution, to each borrower of a loan that is made, insured, or guaranteed under part B, made under part D, or made under part E. ``(B) Exceptions.--The requirements of subparagraph (A) shall not apply to borrowers of-- ``(i) a loan made, insured, or guaranteed pursuant to section 428C; ``(ii) a loan made, insured, or guaranteed on behalf of a student pursuant to section 428B; or ``(iii) a loan made under part D that is a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student. ``(C) Minimum counseling requirements.--Such financial literacy counseling shall include a total of not less than 4 hours of counseling on the occasion described in subparagraph (A)(i), and an additional period of not less than 4 hours of counseling on the occasion described in subparagraph (A)(ii). A total of not more than 2 hours of counseling for each of the occasions described in subparagraph (A) shall be provided electronically. ``(D) Early departure.--Notwithstanding subparagraph (C), if a borrower leaves an eligible institution without the prior knowledge of such institution, the institution shall attempt to provide the information required under this subsection to the student in writing. ``(3) Information to be provided.--Financial literacy counseling, as required under this subsection, shall include information on the following: ``(A) Student financial aid, including-- ``(i) general information about educational loans, grants, tax credits, and scholarships; ``(ii) the difference between grants, scholarships, and loans, the difference between Federal loans under this title and private educational loans, and the difference between loans under this title and other loan products; and ``(iii) information about educational loan management, including repayment, deferment, consolidation, cancellation, discharge, and defaults. ``(B) Banking basics, including-- ``(i) the types of financial institutions; ``(ii) the roles, purposes, and uses of mainstream financial institutions; and ``(iii) the fundamentals of opening, using, and managing basic savings and checking accounts, including common rates, fees, and borrower pitfalls. ``(C) Budgeting and saving, including-- ``(i) the main components of a budget; ``(ii) designating and prioritizing income, expenses, and personal expenditures; and ``(iii) developing and maintaining matching goals and savings plans. ``(D) Credit and debt management, including responsible use of credit and the pitfalls of credit card debt. ``(E) Credit cards and other common credit products (such as debit cards, student loan debit and refund cards, charge cards, pre-paid cards, and secured cards linked to checking accounts), including-- ``(i) features, terms, and conditions of credit agreements; ``(ii) responsible use of such cards and products; ``(iii) repayment; and ``(iv) the consequences of making only required minimum payments. ``(F) Investing, including-- ``(i) common investment products; ``(ii) establishing investment goals (such as education, homeownership, wealth building, and retirement); ``(iii) risks and benefits of investing; and ``(iv) assessing and establishing risk tolerance. ``(G) Credit scores, including-- ``(i) functions and uses of credit scores; ``(ii) calculation of credit scores; ``(iii) factors that may improve or worsen credit scores; and ``(iv) how to build a strong credit history. ``(H) Housing, including information on-- ``(i) renting; ``(ii) pre-homeownership education (such as assessing homeownership readiness and capability); and ``(iii) the basics of mortgage borrowing (such as common mortgage products and qualifying for and obtaining a mortgage). ``(I) Taxes, including-- ``(i) tax filing and planning; and ``(ii) the tax consequences of financial decisions (such as placing an investment or purchasing a home). ``(J) Responsible financial decision making, including identifying and analyzing costs, benefits, economic incentives, and alternatives. ``(4) Use of interactive programs.--The Secretary may encourage institutions to carry out the requirements of this subsection through the use of interactive programs that test the borrower's understanding of the financial literacy information provided through counseling under this subsection, using simple and understandable language and clear formatting. ``(5) Model financial literacy counseling curriculum.--Not later than 1 year after the date of enactment of the College Literacy in Finance and Economics Act of 2011, the Secretary shall develop a curriculum in accordance with the requirements of paragraph (3), which eligible institutions may use to fulfill the requirements of this subsection. In developing such curriculum, the Secretary may consult with members of the Financial Literacy and Education Commission.''.", "summary": "College Literacy in Finance and Economics Act of 2011 or College LIFE Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to provide student borrowers under the Federal Family Education Loan, Direct Loan, and Perkins Loan programs with financial literacy counseling within 45 days of their first receipt of such a loan and prior to the completion of their studies or when they leave school. Requires student borrowers to receive at least four hours of counseling on each occasion. Makes such counseling requirements inapplicable to borrowers of consolidation loans. Requires financial literacy counseling to include information on student financial aid, banking, budgeting and saving, credit and debt management, credit cards and products, investing, credit scores, housing, taxes, and responsible financial decision making. Directs the Secretary of Education to develop a curriculum that IHEs may use to fulfill this Act's requirements."}
{"article": "SECTION 1. REFERENCES TO SOCIAL SECURITY ACT. Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 2. DURABLE MEDICAL EQUIPMENT. (a) Definition of Medical Equipment and Supplies.-- (1) In general.--Section 1861 (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``medical equipment and supplies ``(oo) The term `medical equipment and supplies'' means-- ``(1) durable medical equipment (as defined in section 1861(n)); ``(2) prosthetic devices (as described in section 1861(s)(8)); ``(3) orthotics and prosthetics (as described in section 1861(s)(9)); ``(4) home dialysis supplies and equipment (as described in section 1861(s)(2)(F)); ``(5) surgical dressings and other devices (as described in section 1861(s)(5)); ``(6) immunosuppressive drugs (as described in section 1861(s)(2)(J)); and ``(7) such other items as the Secretary may determine.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to items furnished on or after January 1, 1994. (b) Development and Application of National Standards for Suppliers of Medical Equipment and Supplies.--Section 1834 (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(i) Requirements for Issuance and Renewal of Supplier Numbers for Suppliers of Medical Equipment and Supplies.-- ``(1) Payment.--No payment may be made under this part after July 1, 1994, for items furnished by a supplier of medical equipment and supplies (as defined in section 1861(oo)) unless such supplier meets the national standards specified by the Secretary and possesses a valid supplier number. ``(2) Revised standards.-- ``(A) In general.--The Secretary shall, by no later than January 1, 1996, in consultation with representatives of suppliers of medical equipment and supplies, carriers, and consumers, revise the national standards for suppliers of medical equipment and supplies to include the requirements listed in subparagraph (B). ``(B) Standards described.--The requirements listed in this subparagraph are that suppliers of medical equipment and supplies shall-- ``(i) comply with all applicable State and Federal licensure and regulatory requirements; ``(ii) maintain a physical facility on an appropriate site; ``(iii) have proof of appropriate liability insurance; and ``(iv) meet such other requirements as the Secretary may specify. ``(C) Applicability of revised standards.-- Beginning after December 31, 1995, each supplier of medical equipment and supplies applying for a supplier number or renewing such supplier's supplier number shall meet the revised standards described in this paragraph.''. (c) Certificates of Medical Necessity.-- (1) In general.--Section 1834 (42 U.S.C. 1395m), as amended by subsection (b), is amended-- (A) in subsection (a), by striking paragraph (16), and (B) by adding at the end the following new subsection: ``(j) Certificates of Medical Necessity.-- ``(1) Standardized certificates.--Not later than July 1, 1994, the Secretary shall, in consultation with carriers under this part, develop one or more standardized certificates of medical necessity (as defined in paragraph (3)) for medical equipment and supplies (as defined in section 1861(oo) other than paragraphs (4), (6), and (7)). If a certificate of medical necessity is required by the Secretary, such standardized certificates shall-- ``(A) be completed by each physician who prescribes such medical equipment and supplies for any beneficiary under this part, and ``(B) be transmitted to the supplier and then to the carrier processing the claim for payment for such medical equipment and supplies under this part. ``(2) Prohibition against distribution by suppliers of certificates of medical necessity.-- ``(A) In general.--Except as provided in subparagraph (B), a supplier of medical equipment and supplies described in paragraph (1) may not distribute to physicians or to individuals entitled to benefits under this part for commercial purposes any completed or partially completed certificates of medical necessity. ``(B) Exception for certain billing information.-- Subparagraph (A) shall not apply with respect to a certificate of medical necessity to the extent that such certificate contains only information completed by the supplier of medical equipment and supplies identifying such supplier and the beneficiary to whom such medical equipment and supplies are furnished, a description of such medical equipment and supplies, any product code identifying such medical equipment and supplies, and any other administrative information identified by the Secretary. In the event a supplier provides a certificate of medical necessity containing information permitted under this subparagraph, such certificate shall also contain the supplier's charge and the fee schedule amount for the medical equipment or supplies being furnished prior to distribution of such certificate to the physician. ``(C) Penalty.--Any supplier of medical equipment and supplies who knowingly and willfully distributes a certificate of medical necessity in violation of subparagraph (A) is subject to a civil money penalty in an amount not to exceed $1,000 for each such certificate of medical necessity so distributed. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to civil money penalties under this subparagraph in the same manner as they apply to a penalty or proceeding under section 1128A(a). ``(3) Definition.--For purposes of this subsection, the term `certificate of medical necessity' means a form or other document containing information required by the Secretary to be submitted to show that a covered item is reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member.''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to certificates of medical necessity on or after January 1, 1994. (d) Coverage and Review Criteria for Certain Medical Equipment and Supplies.--Section 1834 (42 U.S.C. 1395m), as amended by subsection (c), is amended by adding at the end the following new subsection: ``(k) Coverage and Review Criteria.-- ``(1) Development and establishment.--Not later than July 1, 1994, the Secretary, in consultation with representatives of suppliers of medical equipment and supplies (as defined in section 1861(oo) other than paragraphs (4), (6), and (7)), individuals enrolled under this part, and appropriate medical specialty societies, shall develop and establish uniform national coverage and utilization review criteria for 200 items of medical equipment and supplies (as so defined) selected in accordance with the standards described in paragraph (2). The Secretary shall publish the criteria as part of the instructions provided to fiscal intermediaries and carriers under this part and no further publication, including publication in the Federal Register, shall be required. ``(2) Standards for selecting items subject to criteria.-- The Secretary may select an item for coverage under the criteria developed and established under paragraph (1) if the Secretary finds that-- ``(A) the item is frequently purchased or rented by beneficiaries; ``(B) the item is frequently subject to a determination that such item is not medically necessary; or ``(C) the coverage or utilization criteria applied to the item (as of the date of the enactment of this subsection) is not consistent among carriers. ``(3) Annual review and expansion of items subject to criteria.--The Secretary shall annually review the coverage and utilization of items of medical equipment and supplies to determine whether items not included among the items selected under paragraph (1) should be made subject to uniform national coverage and utilization review criteria, and, if appropriate, shall develop and apply such criteria to such additional items. ``(4) Report on effect of uniform criteria on utilization of items.--Not later than January 1, 1995, the Secretary shall submit a report to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate analyzing the impact of the uniform criteria established under paragraph (1) on the utilization of items of medical equipment and supplies by individuals enrolled under this part.''. (e) Prohibition Against Multiple Supplier Numbers.-- (1) In general.--Section 1834 (42 U.S.C. 1395m), as amended by subsection (d), is amended by adding at the end the following new subsection: ``(l) Prohibition Against Multiple Supplier Numbers for Suppliers of Medical Equipment and Supplies.--The Secretary may not issue more than one supplier number to any supplier of medical equipment and supplies (as defined in section 1861(oo)) unless the issuance of more than one number is appropriate to identify subsidiary or regional entities under the supplier's ownership or control.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to items furnished on or after July 1, 1994. (f) Definition of Inducements as Kickbacks Clarified.-- (1) In general.--Section 1128B(b)(3)(B) (42 U.S.C. 1320a- 7b(b)(3)(B)) is amended by inserting before the semicolon ``(except that in the case of a contract supply arrangement between a skilled nursing facility and a supplier of medical supplies and equipment (as defined in section 1861(oo) other than paragraphs (4), (6), and (7)), such employment shall not be considered bona fide to the extent that it includes tasks of a clerical and cataloging nature in transmitting to suppliers assignment rights of individuals eligible for benefits under part B of title XVIII, or performance of warehousing or stock inventory functions)''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to services furnished on or after January 1, 1994. (g) Limitation on Beneficiary Liability.-- (1) In general.--Section 1879 (42 U.S.C. 1395pp) is amended by adding at the end the following new subsection: ``(h) If a supplier of medical equipment and supplies (as defined in section 1861(oo))-- ``(1) furnishes an item or service to a beneficiary for which no payment may be made by reason of section 1834(i); ``(2) furnishes an item or service to a beneficiary for which payment is denied in advance under section 1834(a)(15); ``(3) is excluded from participation under this title; or ``(4) furnishes an item or service to a beneficiary for which payment is denied under section 1862(a)(1); any expenses incurred for items and services furnished to an individual by such a supplier on an unassigned basis shall be the responsibility of such supplier. The individual shall have no financial responsibility for such expenses and the supplier shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items or services, unless the supplier informs the individual in advance that payment under this part will not be made for the item or services and the individual agrees to pay for the item or service.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to items or services furnished on or after July 1, 1994. (h) Treatment of Nebulizers and Aspirators as Miscellaneous Items of Durable Medical Equipment.-- (1) In general.--Section 1834(a)(3)(A) (42 U.S.C. 1395m(a)(3)(A)) is amended by striking ``ventilators, aspirators, IPPB machines, and nebulizers'' and inserting ``ventilators and IPPB machines''. (2) Payment for supplies relating to nebulizers and aspirators.--Section 1834(a)(7)(A) (42 U.S.C. 1395m(a)(7)(A)) is amended by striking ``and'' at the end of clause (v), by striking the period at the end of clause (vi) and inserting ``; and'', and by inserting after clause (vi) the following new clause: ``(vii) In the case of supplies to be used in conjunction with a nebulizer or aspirator for which payment is made under this paragraph, payment shall be in accordance with paragraph (2) of this subsection.''. (3) Effective date.--The amendments made by this subsection shall apply to items furnished on or after January 1, 1994. (i) Payment for Ostomy Supplies, Tracheostomy Supplies, Urologicals, Surgical Dressings, and Other Medical Supplies.-- (1) In general.--Section 1834(h)(1) (42 U.S.C. 1395m(h)(1)) is amended by adding at the end the following new subparagraph: ``(E) Exception for certain items.--Payment for ostomy supplies, tracheostomy supplies, urologicals, surgical dressings, and other medical supplies shall be made in accordance with subparagraphs (B) and (C) of section 1834(a)(2) (except that in the case of surgical dressings, the national limited payment amount shall be computed based on local payment amounts using average reasonable charges for the six-month period ending June 30, 1993, increased by the covered item update for 1994).''. (2) Effective dates.-- (A) In general.--Except as provided in subparagraph (B), the amendment made by paragraph (1) shall apply with respect to items furnished on or after January 1, 1994. (B) Surgical dressings and other medical supplies.--The amendment made by paragraph (1) with respect to surgical dressings and other medical supplies shall apply to items supplied on or after July 1, 1994. (j) Freeze in Reasonable Charges for Parenteral and Enteral Nutrients, Supplies, and Equipment During 1994.--In determining the amount of payment under part B of title XVIII of the Social Security Act during 1994, the charges determined to be reasonable with respect to parenteral and enteral nutrients, supplies, and equipment may not exceed the charges determined to be reasonable with respect to such nutrients, supplies, and equipment during 1993. (k) Studies.-- (1) Supplies and services in nursing facilities.--The Comptroller General of the United States shall conduct a study and report to the Congress no later than January 1, 1995, on the types, volume, and utilization of services and supplies furnished under contract or under arrangement with suppliers to individuals eligible for benefits under title XVIII of the Social Security Act residing in skilled nursing facilities and nursing facilities. (2) Descriptions relating to certain codes.--The Comptroller General of the United States shall conduct a study beginning no earlier than July 1, 1994, and report to the Congress no later than January 1, 1995, on-- (A) whether changes made by the Department of Health and Human Services to the descriptions relating to the codes for medical equipment and supplies (as defined in section 1861(oo) of the Social Security Act other than paragraphs (4), (6), and (7))-- (i) accurately reflect the items being furnished under such codes, and (ii) are sufficiently explicit to distinguish between items of varying quality and price, and (B) recommendations for additional changes that would improve the descriptions relating to the codes for such items. S 516 IS----2", "summary": "Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise procedures under Medicare part B (Supplementary Medical Insurance) with regard to durable medical equipment, including requirements for: (1) national standards and supplier numbers for suppliers of medical equipment and supplies; (2) standardized certificates of medical necessity and uniform national coverage and utilization review criteria for certain medical equipment and supplies; (3) limited Medicare beneficiary liability for items and services for which payment is prohibited by reason of a supplier's failure to meet such national standards or lack of a valid supplier number; (4) the treatment of nebulizers and aspirators as miscellaneous items of durable medical equipment; and (5) payment of ostomy supplies, tracheostomy supplies, urologicals, surgical dressings, and other medical supplies. Amends SSA title XI to modify anti-kickback provisions. Provides for a freeze under Medicare part B in reasonable charges for parenteral and enteral nutrients, supplies, and equipment during 1994. Requires the Comptroller General to study and report to the Congress on: (1) services and supplies furnished to Medicare-eligible nursing facility residents; and (2) changes made to descriptions relating to codes for medical equipment and supplies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fusion Energy Research Authorization Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) by the year 2050, the world will need to supply between 2 and 3 times as much energy as is presently produced to meet minimum requirements for food, shelter, transportation, and economic security; (2) meeting the increased energy demands of the year 2050 cannot be achieved without substantial environmental degradation unless there is a massive shift from dependence on the fossil fuels which today provide more than three-quarters of all energy supply; (3) a wide variety of nonfossil fuel energy technologies must be developed to meet the expected demand of the year 2050; (4) the Federal Government has a responsibility to fund research in energy technologies to help meet future expected energy demand where the technical or economic risks of developing such technologies are too high to be borne solely by the private sector; (5) despite the urgent need to develop a wide variety of nonfossil fuel energy technologies, the Federal Government's investment in all energy supply research and development (including fossil fuels) has declined in real terms by more than two-thirds in the last 14 years; (6) fusion energy is one of the nonfossil fuel technologies which could potentially provide safe, abundant, environmentally sound, secure, and affordable energy supplies in the future; (7) in the last 16 years, fusion energy researchers have made significant progress toward realizing magnetic fusion as a viable source of energy, increasing power production from test reactors more than a million-fold over that time period; (8) while significant engineering, technical, and scientific challenges remain to make fusion energy commercially viable, limited funding remains the primary constraint to more rapid progress; (9) the technical risks and the long time scale needed to demonstrate the commercial viability of fusion energy will likely require a stable, predictable, and sustained investment of government funding for decades to come; (10) while magnetic fusion is the leading fusion technology, research on alternative fusion concepts should continue to be supported; (11) opportunities to participate in international fusion experiments can dramatically lower the cost to the Federal Government of fusion energy research; (12) the United States must demonstrate that it is a credible partner in international scientific programs by being able to make and keep long-term commitments to funding and participation; and (13) the United States should commit to participating in the siting, construction, and operation of ITER as soon as practicable. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) provide direction and authorize appropriations for a broadly based fusion energy research program at the Department of Energy which includes development of the magnetic fusion program and research on alternative fusion concepts; (2) provide an accelerated commitment to United States participation in ITER and provide authorization of appropriations for such activity contingent on meeting program milestones; (3) provide for the selection of a host country and establish a site selection process for ITER; and (4) provide a stable basis of funding for multi-year fusion energy research facility construction commitments through the establishment of a trust fund. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``alternative fusion concepts'' means any concepts for the production of energy based on the fusing of atomic nuclei other than toroidal magnetic fusion concepts, including heavy ion inertial fusion, aneutronic fusion, and electrostatic fusion; (2) the term ``Department'' means the Department of Energy; (3) the term ``Fusion Energy Research Program'' means the program described in section 5; (4) the term ``international partners'' means the United States, the European Atomic Energy Community, Japan, and the Russian Federation; (5) the term ``ITER'' means the International Thermonuclear Experimental Reactor; (6) the term ``magnetic fusion'' means fusion based on toroidal confinement concepts; (7) the term ``Secretary'' means the Secretary of Energy; and (8) the term ``Tokamak Physics Experiment'' means a facility to replace the Tokamak Fusion Test Reactor which is designed to be capable of conducting experiments on reactions with a pulse length of at least 15 minutes and demonstrating a more compact and efficient magnetic fusion reactor design. SEC. 5. FUSION ENERGY RESEARCH PROGRAM. (a) Fusion Program.--The Secretary shall carry out in accordance with the provisions of this Act a Fusion Energy Research Program, including research, development, and demonstration to demonstrate the technical and economic feasibility of producing safe, environmentally sound, and affordable energy from fusion. (b) Program Goals.--The goal of the Fusion Energy Research Program is to demonstrate by the year 2010 the practicability of commercial electric power production and to lead to commercial production of fusion energy by the year 2040. (c) Program Elements.--The Fusion Energy Research Program shall consist of the following elements: (1) Research, development, and demonstration on magnetic fusion energy technology, including-- (A) research on plasma physics and control, confinement, ignition, and burning; (B) the design, construction, and operation of experimental fusion reactors, including the Tokamak Physics Experiment, and the development of special materials for such reactors, the facilities to develop such materials, and the development of components which support the operation of such reactors, such as diagnostic and remote maintenance equipment; and (C) participation by the United States industrial sector in the design and construction of fusion reactors, and cooperation with utilities. (2) Research, development, and demonstration of alternative fusion concepts, to be administered through an Assistant Director for Alternative Fusion Research, including research and development needed to build and test an Induction Linac Systems Experiment for the purpose of developing heavy ion inertial fusion energy. (3) Participation in the design, construction, and operation of ITER with the goal of ITER becoming operational by the year 2005. SEC. 6. INDEPENDENT REVIEW OF FUSION TECHNOLOGIES. Within 6 months after the date of enactment of this Act, the Secretary shall contract with the National Academy of Sciences to conduct a study which examines the various magnetic fusion technologies and alternative fusion concepts to assess their current state of development, evaluates the potential of such technologies and concepts to become commercially viable sources of energy in the future, and identifies the research and development goals and priorities, and the range of probable costs and time scales, needed to achieve commercial viability. SEC. 7. ITER SITE SELECTION PROCESS. (a) ITER Study and Report.--Within 120 days after the date of enactment of this Act, the Secretary shall submit to Congress a study which compares the technical and scientific advantages and disadvantages and the economic costs and benefits to the United States of siting ITER in the United States with siting ITER outside of the United States. Such study shall include the consideration of the impact on employment of constructing ITER in the United States, the effect of manufacturing major ITER subsystems (such as superconducting magnets) in the United States, and the effect of siting ITER in the United States on United States funding requirements for participation in ITER. (b) Host-Country Selection.--The Secretary shall seek to reach an agreement with the international partners which provides for-- (1) the selection of a host country in which to site ITER by October, 1995; (2) the equitable distribution of economic and technological benefits among the international partners, including the construction of ITER and related facilities and the manufacture of major ITER subsystems; (3) substantial United States industry and utility involvement in the design, construction, and operation of ITER to ensure United States industry and utility expertise in the technologies developed; and (4) a schedule to complete site-specific design activities by 1998. (c) United States Site Selection.--The Secretary shall-- (1) immediately initiate a process for identifying candidate sites within the United States which meet the site requirements for the construction and operation of ITER; and (2) propose within 90 days after the date of enactment of this Act a process for selection of a site within the United States by June, 1996, if the United States is selected as the host country for ITER pursuant to the international agreement described in subsection (b). (d) Final Cost Estimate.--The Secretary shall provide to Congress within 90 days following the completion of site-specific design activities a detailed estimate of the final projected total cost and cost to the United States of the construction and operation of ITER based on final site-specific engineering and construction designs. SEC. 8. REPORTS AND MISCELLANEOUS PROVISIONS. (a) Contingency Plan.--Within 120 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on the feasibility of conducting a parallel design effort on the Tokamak Physics Experiment to augment the capabilities of the Tokamak Physics Experiment in the event that an international agreement cannot be reached on the site selection or construction of ITER. (b) Program Report.--Within 180 days after the date of enactment of this Act, and biennially thereafter, the Secretary shall prepare and submit to the Congress a report on the Fusion Energy Research Program and the progress it has made in meeting the goals and requirements of this Act. (c) Coordination With Defense Fusion Research Programs.--(1) The Secretary shall, to the maximum extent practicable, coordinate the research and development activities of the civilian Inertial Fusion Energy Program and the defense Inertial Confinement Fusion Program to maximize the benefits to both programs. (2) Within 120 days after the enactment of this Act, the Secretary, in conjunction with the Secretary of Defense, shall submit a report to Congress with recommendations for sharing budget and other resources in order to enhance the civilian energy applications of the defense Inertial Confinement Fusion Program. (d) Repeal.--Section 2114 of the Energy Policy Act of 1992 (Public Law 102-486) is repealed. SEC. 9. UNIVERSITY RADIATION SCIENCE AND TECHNOLOGY PROGRAM. The Secretary shall combine the Nuclear Engineering Research and Education Program, the University Research Reactor Program, and the University Reactor Fuel Assistance Program to form a new University Radiation Science and Technology Program to be included as a separate and distinct part of the University and Science Education Program of the Department. SEC. 10. FUSION ENERGY FACILITY FUND. (a) Establishment of Fees.--The Secretary shall establish a fee, payable by persons who sell electricity for ultimate consumption, at a rate of 0.1 mills per kilowatt hour. (b) Collection.--The Secretary shall establish procedures for the collection of such fees. The Secretary may use the services of any Federal, State, or local agency or instrumentality to collect such fees, and may reimburse such agency or instrumentality a reasonable amount for such services. (c) Use of Funds.--Funds received under this section shall be deposited in a separate account in the Treasury, and shall be used, to the extent provided in advance in appropriation Acts, only for the design, engineering, and construction of ITER, facilities related to ITER (including a materials testing facility and a blanket testing facility) and the Tokamak Physics Experiment. (d) Termination of Fees.--The authority to assess and collect fees under this section shall expire at the earlier of-- (1) the achievement of a balance in the account established under subsection (c) sufficient in the judgment of the Secretary to satisfy the obligations of the United States in the design, engineering, and construction described in subsection (c); or (2) the completion of ITER construction. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Fusion Energy Research Program.--There are authorized to be appropriated to the Secretary for carrying out the Fusion Energy Research Program $380,000,000 for fiscal 1995, $425,000,000 for fiscal year 1996, $475,000,000 for fiscal year 1997, and such sums as may be necessary thereafter. (b) Alternative Fusion Research.--From the sums authorized in subsection (a), there are authorized to be appropriated to the Secretary for carrying out the Alternative Fusion Research Program under section 5(c)(2), $26,000,000 for fiscal year 1995, $31,000,000 for fiscal year 1996, $31,000,000 for fiscal year 1997, and such sums as may be necessary thereafter. (c) Tokamak Physics Experiment.--The total amount to be appropriated for the complete design, development, and construction of the Tokamak Physics Experiment shall not exceed $700,000,000. (d) University Radiation Science and Technology Program.--There are authorized to be appropriated to the Secretary for carrying out the University Radiation Science and Technology Program $25,000,000 for fiscal year 1995, $25,000,000 for fiscal year 1996, $25,000,000 for fiscal year 1997, and such sums as may be necessary thereafter. (e) Construction of ITER.--No funds are authorized for the construction of ITER until the Secretary certifies to the Congress that there is an international agreement that meets the requirements of section 7(b), and until the report required under section 7(d) is provided to Congress. (f) Limitation on Magnetic Fusion Facilities.--No funds are authorized for the design, engineering, or construction of any magnetic fusion facility other than ITER, facilities related to ITER (including a materials testing facility and a blanket testing facility) and the Tokamak Physics Experiment.", "summary": "Fusion Energy Research Authorization Act of 1994 - Directs the Secretary of Energy to implement a Fusion Energy Research Program to demonstrate the technical and economic feasibility of producing safe, environmentally sound, and affordable energy from fusion. Prescribes program goals and elements. Directs the Secretary to contract with the National Academy of Sciences to review various magnetic fusion technologies and alternative fusion concepts with respect to their commercial viability. Instructs the Secretary to: (1) submit a comparisons study to the Congress regarding the siting of the International Thermonuclear Experimental Reactor (ITER); (2) seek to reach an agreement with international partners to select a host country for ITER; (3) initiate a process to identify candidate sites for ITER within the United States; and (4) provide within a certain time period a detailed estimate to the Congress of final ITER project costs. Directs the Secretary to submit reports to the Congress on: (1) a parallel design effort on the Tokamak Physics Experiment; (2) the Fusion Energy Research Program; and (3) resource sharing with the Secretary of Defense to enhance the civilian energy applications of the Defense Inertial Confinement Fusion Program. Repeals the five-year fusion energy program established under the Energy Policy Act of 1992. Directs the Secretary to form a new University Radiation Science and Technology Program comprised of: (1) the Nuclear Engineering Research and Education Program; (2) the University Research Reactor Program; and (3) the University Reactor Fuel Assistance Program. Directs the Secretary to establish a fee collection program for certain ITER purposes and the Tokamak Physics Experiment. Authorizes appropriations for: (1) the Alternative Fusion Research Program; (2) the Tokamak Physics Experiment; and (3) the University Radiation Science and Technology Program. Sets limitations upon funding for ITER construction and for magnetic fusion facilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Agricultural Research, Development and Export Enhancement Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Clause 3 of section 8 of article I of the United States Constitution recognizes the special relationship between the United States and Indian tribes. (2) Beginning in 1970, with the inauguration by the Nixon Administration of the Indian self-determination era, each successive President has reaffirmed the special government-to- government relationship between Indian tribes and the United States. (3) In 1994, President Clinton issued an executive memorandum to the heads of all Federal departments and agencies that obligated all such departments and agencies, particularly those that have an impact on economic development, to evaluate the potential impacts of their actions on Indian tribes. (4) The United States has an obligation to guard and preserve the agricultural and related renewable resources of Indian tribes in order to foster strong tribal governments, Indian self-determination, and economic self-sufficiency among Indian tribes. (5) Despite the availability of abundant natural resources on Indian lands and a rich cultural legacy that accords great value to self-determination, self-reliance, and independence, Native Americans suffer higher rates of unemployment, poverty, poor health, substandard housing, and associated social ills than those of any other group in the United States. (6) Reservation-based Indians tend to be the most rural of any minority group. They tend to be geographically isolated, resource limited, and the least likely of any farm group to receive payment or loans from the United States. (7) Indian land represents close to 55,000,000 acres, or about 2 percent of the United States land base, with nearly 47,000,000 of these acres consisting of range and cropland. (8) Indian agriculture constitutes the second largest revenue generator and employer in Indian country and is not limited to farming and ranching, but often includes such products as forestry, bison, wild rice and fruits, cotton, tobacco and other Native-made or grown products. (9) Because of the lack of Federal intra-agency and inter- agency coordination in agriculture programs and policies, the development of Indian agriculture and related tribal business and economic development potential has been hindered. (10) It is estimated that about 20 percent of reservation grazing land and about 70 percent of cropland is leased to non- Indian producers. (11) American Indians today use their lands and natural resources for agriculture and agribusiness to provide food and other staples for consumption, improving their economic self- sufficiency, agriculture income and reservation employment. (12) Although there are many programs within Department of Agriculture for which tribal and individual Indian producers are eligible, Indian producers have not fully benefited from these programs because of insufficient coordination within the Department of Agriculture. (13) The United States has an obligation to assist Indian tribes with the creation of appropriate economic and political conditions with respect to Indian lands to-- (A) encourage investment from outside sources that do not originate with the tribes; and (B) facilitate economic ventures with outside entities that are not tribal entities. (14) The economic success and material well-being of Native American communities depends on the combined efforts of the Federal Government, tribal governments, the private sector, and individuals. (b) Purpose.--It is the purpose of this Act to-- (1) promote the coordination of existing agricultural and related programs within the Department of Agriculture to provide the maximum benefit to Indian tribes and their members; (2) encourage intertribal, regional, and international trade and business development in order to assist in increasing productivity and the standard of living of members of Indian tribes and improving the economic self-sufficiency of the Indian tribes; (3) through improving the administration of Federal program, improve the access of Indian tribes to capital, specialty markets, export promotions, and marketing assistance that non-Indian agriculture producers currently have access to; (4) improve the development and coordination of Indian agriculture and related value-added industries to promote self- sustaining Native economies and communities; and (5) promote economic self-sufficiency and political self- determination for Indian tribes and members of Indian tribes. SEC. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means an Indian tribe, a tribal organization, a tribal enterprise, a tribal marketing cooperative, or any other Indian-owned business. (2) Indian.--The term ``Indian'' has the meaning given that term in section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d)). (3) Indian goods and services.--The term ``Indian goods and services'' means-- (A) goods produced or originated by an eligible entity; or (B) services provided by eligible entities. (4) Indian-owned business.--The term ``Indian-owned business'' means an entity organized for the conduct of trade or commerce with respect to which at least 50 percent of the property interest of the entity is owned by Indians or Indian tribes (or a combination thereof). (5) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) Tribal enterprise.--The term ``tribal enterprise'' means a commercial activity or business managed or controlled by an Indian tribe. (8) Tribal organization.--The term ``tribal organization'' has the meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)). SEC. 4. NATIVE AMERICAN RESEARCH, DEVELOPMENT AND EXPORT OFFICE (a) In General.-- (1) Establishment.--There is established within the Department of Agriculture a Native American Agricultural Research, Development and Export Office (referred to this Act as the ``Office''). (2) Director.--The Office shall be headed by a Director of the Native American Agricultural Research, Development and Export Office (referred to in this Act as ``Director'') to be appointed by the Secretary. The Director shall be compensated at a rate not to exceed that for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Duties of the Secretary.-- (1) In general.--The Secretary, acting through the Director, shall ensure the coordination of all programs that provide assistance to Native American communities within the following 7 mission areas of the Department of Agriculture: (A) Farm and foreign agricultural services. (B) Food, nutrition, and consumer services. (C) Food safety. (D) Marketing and regulatory programs. (E) Natural resources and environment. (F) Research, education and economics. (G) Rural development. (2) Activities.--In carrying out paragraph (1), the Secretary, acting through the Director, shall ensure the coordination of, or, as appropriate, carry out-- (A) activities to promote Indian agricultural programs, including the development of domestic and international trade programs; (B) activities to facilitate water and waste programs, housing, utility and other infrastructure development with respect to Native American communities; (C) activities to provide assistance to Indian tribal college programs; (D) activities to implement rural economic development programs for Native American communities; and (E) activities to promote food and nutrition services for Native American communities. (3) Interagency coordination.--In carrying out Department of Agriculture programs, the Secretary, acting through the Director, shall coordinate with other Federal agencies, including the Department of Energy, the Department of Housing and Urban Development, the Department of the Interior, the Department of Justice, the Department of Commerce, or any other Federal agency responsible for administering related Indian programs. (4) Assistance.--In conjunction with the activities described in paragraph (2), the Secretary, acting through the Director, shall provide-- (A) financial assistance, technical assistance, and administrative services to eligible entities to assist those entities in-- (i) identifying and taking advantage of business development opportunities; and (ii) complying with appropriate laws and regulatory practices; and (B) such other assistance as the Secretary, in consultation with the Director, determines to be necessary for the development of business opportunities for eligible entities to enhance the economies of Indian tribes. (5) Priorities.--In carrying out the duties and activities described in paragraphs (3) and (4), the Secretary, acting through the Director, shall give priority to activities that-- (A) provide the greatest degree of economic benefits to Indians; and (B) foster long-term stable economies of Indian tribes. SEC. 5. NATIVE AMERICAN TRADE AND EXPORT PROMOTION. (a) In General.--The Secretary, acting through the Director, shall establish and implement a Native American export and trade promotion program (referred to in this section as the ``program''). (b) Coordination of Federal Programs and Services.--In carrying out the program, the Secretary, acting through the Director and in cooperation with the heads of appropriate Federal agencies, shall ensure the coordination of Federal programs and services that are designed to-- (1) develop the economies of Indian tribes; and (2) stimulate the demand for Indian goods and services that are available from eligible entities. (c) Activities.--In carrying out subsection (b), the Secretary, acting through the Director, shall ensure the coordination of, or, as appropriate, carry out-- (1) Federal programs that are designed to provide technical or financial assistance to eligible entities; (2) activities to develop promotional materials for eligible entities; (3) activities for the financing of appropriate trade missions; (4) activities for the marketing of related Indian goods and services; (5) activities for the participation of appropriate Federal agencies or eligible entities in international trade fairs; and (6) any other activity related to the development of markets for Indian goods and services. (d) Technical Assistance.--In conjunction with the activities described in subsection (c), the Secretary, acting through the Director, shall provide technical assistance and administrative services to eligible entities to assist those entities in-- (1) identifying appropriate markets for Indian goods and services; (2) entering the markets referred to in paragraph (1); (3) complying with foreign or domestic laws and practices with respect to financial institutions concerning the export and import of Indian goods and services; and (4) entering into financial arrangements to provide for the export and trade of Indian agricultural and related products. (e) Priorities.--In carrying out the duties and activities described in subsections (b) and (c), the Secretary, acting through the Director, shall give priority to activities that-- (1) provide the greatest degree of economic benefits to Indians; and (2) foster long-term stable international markets for Indian goods and services.", "summary": "Directs the Secretary of Agriculture, acting through the Director of such Office, to ensure the coordination of all programs that provide assistance to Native American communities within seven specified mission areas of the Department of Agriculture and to ensure the coordination of, or carry out, activities to: (1) promote Indian agricultural programs; (2) facilitate water and waste programs, housing, utility and other infrastructure development with respect to Native American communities; (3) provide assistance to Indian tribal college programs; (4) implement rural economic development programs for Native American communities; and (5) promote food and nutrition services for such communities. Requires the Director to provide: (1) financial and technical assistance and administrative services to assist eligible entities in identifying and taking advantage of business development opportunities and complying with laws and regulatory practices; and (2) such other assistance necessary for the development of business opportunities to enhance Indian tribes' economies. Requires the Director to establish and implement a Native American export and trade promotion program and, in carrying out such program, to ensure the coordination of: (1) Federal programs and services designed to develop Indian tribes' economies and stimulate the demand for Indian goods and services that are available from eligible entities; and (2) Federal programs that are designed to provide technical or financial assistance to eligible entities and any activities related to the development of markets for Indian goods and services. Requires the Director to provide technical assistance and administrative services to assist eligible entities in: (1) identifying and entering markets for Indian goods and services; (2) complying with foreign or domestic laws and practices with respect to financial institutions concerning the export and import of such goods and services; and (3) entering into financial arrangements to provide for the export and trade of Indian agricultural and related products."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``High School Sports Information Collection Act of 2009''. SEC. 2. STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS. Section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543) is amended by adding at the end the following: ``(c) Equality in Athletic Programs.-- ``(1) In general.--The Statistics Commissioner shall collect, annually, for the immediately preceding academic year, from each coeducational secondary school that receives Federal financial assistance that has an athletic program, the following information: ``(A) The number of male and female students that attended the school and for each student an identification of such student's-- ``(i) race; and ``(ii) ethnicity. ``(B) A listing of the teams that competed in athletic competition and for each such team the following data: ``(i) The season in which the team competed. ``(ii) The total number of participants as of the day of the first scheduled contest for the team, and for each participant an identification of such participant's-- ``(I) gender; ``(II) race; and ``(III) ethnicity. ``(iii) The total expenditures for the team, including the following data: ``(I) The travel expenditures. ``(II) The equipment expenditures (including any equipment replacement schedule). ``(III) The uniform expenditures (including any uniform replacement schedule). ``(IV) The expenditures for facilities, including medical facilities, locker rooms, fields, and gymnasiums. ``(V) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person's-- ``(aa) gender; ``(bb) employment status (including whether such person is employed full-time or part- time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services; and ``(cc) qualifications, including whether the person is a professional or student. ``(VI) The expenditures for publicity for competitions. ``(iv) The total number of coaches, and for each coach an identification of such coach's-- ``(I) gender; ``(II) employment status (including whether such coach is employed full- time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching; and ``(III) qualifications, including whether the person is a professional or student. ``(v) The total number of competitions scheduled, and for each scheduled competition an indication of what day of the week and time the competition was scheduled. ``(vi) Whether such team participated in postseason competition, and the success of such team in any postseason competition. ``(vii) The total number of practices scheduled, and for each scheduled practice an indication of what day of the week and time the practice was scheduled. ``(2) Disclosure of information to students and public.--A coeducational secondary school described in paragraph (1) shall-- ``(A) make available to students and potential students, upon request, and to the public, the information contained in reports by the school under this subsection by October 15 of each school year; and ``(B) ensure that all students at the school are informed of their right to request such information. ``(3) Submission; information availability.--On an annual basis, each coeducational secondary school described in paragraph (1) shall provide the information contained in each report by the school under this subsection to the Statistics Commissioner not later than 15 days after the date that the school makes such information available under paragraph (2). ``(4) Duties of commissioner for education statistics.--The Statistics Commissioner shall-- ``(A) ensure that reports under this subsection are posted on the Department of Education's website within a reasonable period of time; and ``(B) not later than 180 days after the date of enactment of the High School Sports Information Collection Act of 2009-- ``(i) notify all secondary schools in all States regarding the availability of information under paragraph (2); and ``(ii) issue guidance to all schools on how to collect and report the information required under this subsection.''.", "summary": "High School Sports Information Collection Act of 2009 - Amends the Education Sciences Reform Act of 2002 to require the Commissioner of the National Center for Education Statistics to collect the following information annually from each coeducational secondary school that receives federal financial assistance and that has an athletic program: (1) the number, gender, race, and ethnicity of students that attended the school; and (2) for each team that competed in athletic competition, the number, gender, race, and ethnicity of participants, the total expenditures, the number, gender, employment status, and qualifications of trainers, medical personnel, and coaches, and the number of competitions and practices scheduled. Requires such schools to: (1) make such information available to students and potential students, upon request, and to the public by October 15 of each school year; (2) ensure that all students at the school are informed of their right to request such information; and (3) annually provide such information to the Commissioner. Directs the Commissioner to: (1) ensure that such information is posted on the Department of Education's website; (2) notify all secondary schools regarding the availability of the information; and (3) issue guidance on how to collect and report the information required under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Venezuelan Refugee Assistance Act''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VENEZUELAN NATIONALS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before January 1, 2019; (B) is not inadmissible under paragraph (1), (2), (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); (C) is not deportable under paragraph (1)(E), (1)(G), (2), (4), (5), or (6) of section 237(a) of such Act (8 U.S.C. 1227(a)); (D) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and (E) has not been convicted of-- (i) any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; or (ii) 3 or more offenses under Federal or State law, for which the alien was convicted on different dates for each of the 3 offenses and sentenced to imprisonment for an aggregate of 90 days or more. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered removed, or ordered to depart voluntarily, from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Secretary of Homeland Security grants the application, the Secretary of Homeland Security shall cancel the order. If the Secretary of Homeland Security renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who is a national of Venezuela-- (1) who was physically present in the United States on January 1, 2013; and (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for adjustment of status under this Act is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien subject to a final order of removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security shall not order any alien to be removed from the United States, if the alien is in removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Secretary of Homeland Security has rendered a final administrative determination to deny the application. (3) Work authorization.--The Secretary of Homeland Security may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the status of an alien shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for at least 1 year; (B) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (C) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); or (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security as to whether the status of any alien should be adjusted under this Act is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this Act, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.", "summary": "Venezuelan Refugee Assistance Act This bill provides for the status adjustment to permanent resident of a qualifying Venezuelan national who: (1) was physically present in the United States on January 1, 2013, (2) has been physically present in the United States for at least one year and is physically present in the United States on the date the status adjustment application is filed, (3) has not been convicted of specified crimes and was never involved in the persecution of others, and (4) applies for adjustment before January 1, 2019. Derivative adjustment of status is provided for the spouse, child, or certain unmarried sons or daughters of such alien."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary School Counseling Improvement Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) elementary and secondary school children are being subjected to unprecedented social stresses, including fragmentation of the family, drug and alcohol abuse, violence, child abuse, and poverty; (2) an increasing number of elementary and secondary school children are exhibiting symptoms of distress, such as substance abuse, emotional disorders, violent outbursts, disruptive behavior, juvenile delinquency, and suicide; (3) between 1984 and 1994, the homicide rate for adolescents doubled, while the rate of nonfatal violent crimes committed by adolescents increased by almost 20 percent; (4) according to the National Institute of Mental Health, up to one in five children and youth have psychological problems severe enough to require some form of professional help, yet only 20 percent of youth with mental disorders or their families receive help; (5) the Institute of Medicine has identified psychological counseling as the most serious school health need for the normal development of our Nation's children and youth; (6) school counselors, school psychologists, and school social workers can contribute to the personal growth, educational development, and emotional well-being of elementary and secondary school children by providing professional counseling, intervention, and referral services; (7) the implementation of well designed school counseling programs has been shown to increase students' academic success; (8) the national average student-to-counselor ratio in elementary and secondary schools is 531 to 1, and the average student-to-psychologist ratio is 2300 to 1; (9) it is recommended that to effectively address students' mental health and development needs, schools have 1 full-time counselor for every 250 students, 1 psychologist for every 1,000 students, and 1 school social worker for every 800 students; (10) the population of elementary and secondary school students in the United States is expected to increase dramatically during the 5 to 10 years beginning with 1999; (11) the Federal Government can help reduce the risk of academic, social, and emotional problems among elementary and secondary school children by stimulating the development of model school counseling programs; and (12) the Federal Government can help reduce the risk of future unemployment and assist the school-to-work transition by stimulating the development of model school counseling programs that include comprehensive career development. (b) Purpose.--It is the purpose of this Act to enhance the availability and quality of counseling services for elementary and secondary school children by providing grants to local educational agencies to enable such agencies to establish or expand effective and innovative counseling programs that can serve as national models. SEC. 3. SCHOOL COUNSELING. Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended-- (1) in section 4004 (20 U.S.C. 7104)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(3) $100,000,000 for fiscal year 2002, and such sums as may be necessary for each of the 4 succeeding fiscal years, for grants under section 4124.''; and (2) by adding at the end of subpart 2 of part A, the following: ``SEC. 4124. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING DEMONSTRATION. ``(a) Counseling Demonstration.-- ``(1) In general.--The Secretary may award grants under this section to local educational agencies to enable the local educational agencies to establish or expand elementary school and secondary school counseling programs. ``(2) Priority.--In awarding grants under this section, the Secretary shall give special consideration to applications describing programs that-- ``(A) demonstrate the greatest need for new or additional counseling services among the children in the schools served by the applicant; ``(B) propose the most promising and innovative approaches for initiating or expanding school counseling; and ``(C) show the greatest potential for replication and dissemination. ``(3) Equitable distribution.--In awarding grants under this section, the Secretary shall ensure an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. ``(4) Duration.--A grant under this section shall be awarded for a period not to exceed three years. ``(5) Maximum grant.--A grant under this section shall not exceed $400,000 for any fiscal year. ``(b) Applications.-- ``(1) In general.--Each local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application for a grant under this section shall-- ``(A) describe the school population to be targeted by the program, the particular personal, social, emotional, educational, and career development needs of such population, and the current school counseling resources available for meeting such needs; ``(B) describe the activities, services, and training to be provided by the program and the specific approaches to be used to meet the needs described in subparagraph (A); ``(C) describe the methods to be used to evaluate the outcomes and effectiveness of the program; ``(D) describe the collaborative efforts to be undertaken with institutions of higher education, businesses, labor organizations, community groups, social service agencies, and other public or private entities to enhance the program and promote school- linked services integration; ``(E) describe collaborative efforts with institutions of higher education which specifically seek to enhance or improve graduate programs specializing in the preparation of school counselors, school psychologists, and school social workers; ``(F) document that the applicant has the personnel qualified to develop, implement, and administer the program; ``(G) describe how any diverse cultural populations, if applicable, would be served through the program; ``(H) assure that the funds made available under this part for any fiscal year will be used to supplement and, to the extent practicable, increase the level of funds that would otherwise be available from non-Federal sources for the program described in the application, and in no case supplant such funds from non-Federal sources; and ``(I) assure that the applicant will appoint an advisory board composed of parents, school counselors, school psychologists, school social workers, other pupil services personnel, teachers, school administrators, and community leaders to advise the local educational agency on the design and implementation of the program. ``(c) Use of Funds.-- ``(1) In general.--From amounts made available under section 4004(3) to carry out this section, the Secretary shall award grants to local education agencies to be used to initiate or expand elementary or secondary school counseling programs that comply with the requirements of paragraph (2). ``(2) Program requirements.--Each program assisted under this section shall-- ``(A) be comprehensive in addressing the personal, social, emotional, and educational needs of all students; ``(B) use a developmental, preventive approach to counseling; ``(C) increase the range, availability, quantity, and quality of counseling services in the schools of the local educational agency; ``(D) expand counseling services only through qualified school counselors, school psychologists, and school social workers; ``(E) use innovative approaches to increase children's understanding of peer and family relationships, work and self, decisionmaking, or academic and career planning, or to improve social functioning; ``(F) provide counseling services that are well- balanced among classroom group and small group counseling, individual counseling, and consultation with parents, teachers, administrators, and other pupil services personnel; ``(G) include inservice training for school counselors, school social workers, school psychologists, other pupil services personnel, teachers, and instructional staff; ``(H) involve parents of participating students in the design, implementation, and evaluation of a counseling program; ``(I) involve collaborative efforts with institutions of higher education, businesses, labor organizations, community groups, social service agencies, or other public or private entities to enhance the program and promote school-linked services integration; and ``(J) evaluate annually the effectiveness and outcomes of the counseling services and activities assisted under this section. ``(3) Report.--The Secretary shall issue a report evaluating the programs assisted pursuant to each grant under this subsection at the end of each grant period in accordance with section 14701. ``(4) Dissemination.--The Secretary shall make the programs assisted under this section available for dissemination, either through the National Diffusion Network or other appropriate means. ``(5) Limit on administration.--Not more than 5 percent of the amounts made available under this section in any fiscal year shall be used for administrative costs to carry out this section. ``(d) Definitions.--For purposes of this section: ``(1) School counselor.--The term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. ``(2) School psychologist.--The term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting; ``(B) possesses State licensure or certification in the State in which the individual works; or ``(C) in the absence of such State licensure or certification, possesses national certification by the National School Psychology Certification Board. ``(3) School social worker.--The term `school social worker' means an individual who-- ``(A)(i) holds a master's degree in social work from a program accredited by the Council on Social Work Education; and ``(ii) is licensed or certified by the State in which services are provided; or ``(B) in the absence of such licensure or certification, possess a national certification or credential as a school social work specialist that has been awarded by an independent professional organization. ``(4) Supervisor.--The term `supervisor' means an individual who has the equivalent number of years of professional experience in such individual's respective discipline as is required of teaching experience for the supervisor or administrative credential in the State of such individual.''.", "summary": "Elementary and Secondary School Counseling Improvement Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to local educational agencies to establish or expand elementary and secondary school counseling programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Full Faith in Veterans Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Men and women who serve in the Armed Forces make great sacrifices for the Nation and for freedom. (2) The Nation takes great pride in the integrity of members of the Armed Forces and places full faith and confidence in these men and women serving in the Armed Forces. (3) The Nation should extend such full faith to the integrity of those men and women when they make claims for disability compensation related to their service. (4) In the spirit of the Armed Forces' pledge never to leave a man behind, the Nation should never leave a veteran behind. (5) Military service is inherently dangerous and stressful whether during peacetime or during war. (6) Post-traumatic stress disorder (referred to in this section as ``PTSD'') is a debilitating mental health condition linked to military service that the Secretary of Veterans Affairs should make every effort to diagnose and effectively treat. (7) It is recognized in the medical community that PTSD can onset at anytime after a traumatic event, and the course of the disorder can contain periods of both relapse and remission. (8) Denial by the Secretary of Veterans Affairs of claims for disability compensation for PTSD due to incomplete military records does a disservice to those who have honorably served the country. (9) Military records that would validate such claims may have been lost due to no fault of the veteran. (10) Due to the dangerous and fast-paced environment in which the members of the Armed Forces operate, not every significant and possibly traumatic incident in the life and service of each member is chronicled accurately or completely. (11) Evaluations for disability compensation for PTSD often place veterans under the additional hardship of reliving traumatic events by describing them to unfamiliar medical professionals. (12) According to the Institute of Medicine and representatives of certain veterans' service organizations, evaluations for pension and disability compensation for PTSD are sometimes completed in as little as 20 minutes, despite recommendations of the mental health community that evaluations should take place over a period of one hour or more. (13) The Veterans' Disability Benefits Commission, established pursuant to title XV of the National Defense Authorization Act for Fiscal Year 2004, issued recommendations to improve the care, compensation, and treatment of veterans diagnosed with PTSD, including updating the schedule for rating disabilities under section 1155 of title 38, United States Code, establishing new criteria for the diagnosis and treatment of PTSD, and using a holistic approach to treat veterans with PTSD that incorporates treatment, compensation, and vocational assessment. SEC. 3. STANDARD OF PROOF FOR SERVICE-CONNECTION OF POST-TRAUMATIC STRESS DISORDER. (a) Standard of Proof.--Section 1154 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) The Secretary shall accept as sufficient proof of service- connection of post-traumatic stress disorder alleged to have been incurred in or aggravated by service in the active military, naval, or air service a diagnosis of post-traumatic stress disorder by a mental health professional together with a written determination by the professional that such disorder is related to the veteran's service, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service- connection of post-traumatic stress disorder may be rebutted by clear and convincing evidence to the contrary. In the case of such a rebuttal, the Secretary shall make all documents related to the service-connection of the veteran's disability available to the veteran.''. (b) Applicability.--Subsection (c) of section 1154 of title 38, United States Code, shall apply with respect to any claim for disability compensation under laws administered by the Secretary of Veterans Affairs for which no final decision has been made before the date of the enactment of this Act. SEC. 4. IMPROVEMENT OF DEPARTMENT OF VETERANS AFFAIRS EVALUATIONS OF CLAIMS RELATING TO POST-TRAUMATIC STRESS DISORDER. (a) Certification and Training for Certain Employees.-- (1) Certification program.-- (A) Certification required.--The Secretary of Veterans Affairs shall require covered employees to successfully complete a certification program established by the Secretary. Such program shall include a periodic recertification requirement. (B) Covered employees.--For the purposes of this paragraph, a ``covered employee'' is an employee of the Department of Veterans Affairs who is responsible for rating disabilities, evaluating claims for disability compensation for post-traumatic stress disorder, or adjudicating disability compensation ratings. (C) Program requirements.--The certification program under subparagraph (A) shall-- (i) provide specialized training on the psychological and medical issues (including comorbidities) that characterize individuals with post-traumatic stress disorder and give guidance on how to appropriately manage commonly encountered problems in evaluating and rating such disorder; and (ii) incorporate the recommendations contained in the Best Practice Manual for Post- Traumatic Stress Disorder (PTSD) Compensation and Pension Examinations issued by the National Center for Post-Traumatic Stress Disorder of the Department of Veterans Affairs. (D) Review of requirements.--The Secretary shall regularly review and update the requirements for successfully completing the certification program under subparagraph (A) to take into consideration medical advances and to reflect lessons learned. (2) Training program.--The Secretary of Veterans Affairs shall provide training to support the certification program required under paragraph (1). (b) Audits of Examinations.--The Secretary of Veterans Affairs shall conduct audits of the examinations conducted by employees of the Department of Veterans Affairs of veterans who submit claims for disability compensation for post-traumatic stress disorder to ensure that such employees are taking sufficient time necessary to diagnose and accurately rate the disorder. (c) Update of Schedule for Rating Disabilities.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin updating the schedule for rating disabilities under section 1155 of title 38, United States Code. The Secretary shall begin by updating the schedule with respect to post- traumatic stress disorder, traumatic brain injury, and other mental disorders. The Secretary shall complete such update not later than five years after the date of the enactment of this Act. (d) New Criteria for Post-Traumatic Stress Disorder.--The Secretary of Veterans Affairs shall implement the criteria of the Diagnostic and Statistical Manual of Mental Disorders, 4th Edition, specific to post- traumatic stress disorder and use such criteria for the purpose of rating post-traumatic stress disorder pursuant to the schedule for rating disabilities under section 1155 of title 38, United States Code. (e) Holistic Approach Required.--The Secretary of Veterans Affairs shall implement a holistic approach for providing treatment for veterans with post-traumatic stress disorder. Such approach shall combine treatment for post-traumatic stress disorder, compensation, and vocational assessment. (f) Treatment of Mental Health Records.--The Secretary of Veterans Affairs shall require an employee of the Department of Veterans Affairs who is responsible for adjudicating disability compensation ratings, in developing evidence for a claim for disability compensation to take into consideration the following: (1) In the case of a veteran who has visited a center for the provision of readjustment counseling and related mental health services under section 1712A of title 38, United States Code, any treatment records of the veteran from that center. (2) In the case of a veteran who has received mental health services from a mental health professional, any written opinion of that mental health professional submitted to the Department by the veteran. (g) Consideration of Certain Materials.--In carrying out subsections (c), (d), and (e), the Secretary of Veterans Affairs shall consider materials on post-traumatic stress disorder and mental health provided by the National Center on Post-Traumatic Stress Disorder of the Department of Veterans Affairs and the Institute of Medicine. (h) Employee.--For purposes of this section, the term ``employee of the Department of Veterans Affairs'' includes an employee of any entity with which the Secretary of Veterans Affairs has entered into a contract for the provision of conducting examinations or rating disabilities for purposes of determining the amount of disability compensation to be provided to a veteran under laws administered by the Secretary. SEC. 5. REPORT TO CONGRESS. Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the implementation of this Act and the amendments made by this Act. Such report shall include any evidence of fraud or abuse relating to any provision of this Act or amendment made by this Act.", "summary": "Full Faith in Veterans Act of 2008 - Directs the Secretary of Veterans Affairs to accept as sufficient proof of service-connection of post-traumatic stress disorder (PTSD) alleged to have been incurred in or aggravated by active military service a diagnosis of PTSD by a mental health professional, together with a written determination that such disorder is related to the veteran's service, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding that there is no official record of such incurrence or aggravation during such service. Requires the Secretary to resolve every reasonable doubt in favor of the veteran. Allows PTSD service-connection to be rebutted by clear and convincing evidence. Directs the Secretary to require Department of Veterans Affairs (VA) employees responsible for rating disabilities, evaluating claims for disability compensation for PTSD, or adjudicating disability compensation ratings to complete a certification program established by the Secretary. Requires the Secretary to: (1) conduct audits of examinations of veterans who submit claims for disability compensation for PTSD; (2) update the schedule for rating disabilities with respect to PTSD, traumatic brain injury, and other mental disorders; (3) implement new PTSD criteria; (4) implement a holistic treatment approach for veterans with PTSD; and (5) require VA employees responsible for adjudicating disability compensation ratings to take into consideration veterans' treatment records from readjustment counseling centers and written opinions of mental health professionals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Beneficiary Access to Care Act of 2003''. SEC. 2. TREATMENT OF DRUGS AND BIOLOGICALS UNDER THE MEDICARE OUTPATIENT HOSPITAL PROSPECTIVE PAYMENT SYSTEM. (a) Separate APCs for Most Drugs and Biologicals.-- (1) In general.--Section 1833(t)(2) of the Social Security Act (42 U.S.C. 1395l(t)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (F); (B) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (C) by adding at the end the following: ``(H) the Secretary shall treat as a separate group of covered OPD services-- ``(i) any drug or biological that was treated as such a group as of December 31, 2002; and ``(ii) any drug or biological that has ceased to be eligible for transitional, pass- through payments under paragraph (6) by reason of the limited period of payment specified in paragraph (6)(C)(i).''. (2) Effective date.--The amendments made by paragraph (1) shall apply to items and services furnished on or after January 1, 2004. (b) Payment Rates for Non-Pass-Through Drugs and Biologicals.-- (1) Program payments.--Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is amended-- (A) in paragraph (3), by amending subparagraph (D) to read as follows: ``(D) Calculation of medicare opd fee schedule amounts.-- ``(i) In general.--The Secretary shall compute a medicare OPD fee schedule amount for each covered OPD service (or group of such services) furnished in a year, in an amount that (except as provided in clause (ii)) is equal to the product of-- ``(I) the conversion factor computed under subparagraph (C) for the year; and ``(II) the relative payment weight (determined under paragraph (2)(C) or paragraph (9)(A)) for the service or group. ``(ii) Special rules for 2004.-- ``(I) In general.--Notwithstanding clause (i), the medicare OPD fee schedule amount for 2004 for a drug or biological that is treated as a separate group of covered OPD services and is-- ``(aa) a single-source drug (as defined in section 1927(k)(7)(A)(iv)); ``(bb) an innovator multiple source drug (as defined in section 1927(k)(7)(A)(ii)); or ``(cc) a biological product approved for marketing under section 351 of the Public Health Service Act (including any such product that is marketed by any cross-licensed producers or distributors), may not be less than 87.37 percent of the payment rate for the drug or biological under paragraph (6) as of December 31, 2002 (determined without regard to any reduction under subparagraph (E)(iii) of such paragraph). ``(II) No revision of relative payment weights.--The relative payment weights established under paragraph (9)(A) for 2004 for groups of covered OPD services other than those to which subclause (I) applies shall not be revised to take into account the application of such subclause (I).''; (B) in paragraph (4)-- (i) in subparagraph (A), by striking ``Secretary, as computed under paragraphs (2)(D) and (2)(E)'' and inserting ``Secretary (as computed under paragraphs (2)(D) and (2)(E)), except that the medicare OPD fee schedule amount determined under paragraph (3)(D) for a drug or biological that is treated as a separate group of covered OPD services shall not be adjusted for relative differences in the cost of labor''; and (ii) in subparagraph (B), by striking ``adjusted''; and (C) in paragraph (9), by adding at the end the following: ``(D) Use of external data.--In determining the relative payment weight for any drug or biological that is treated as a separate group of covered OPD services for any year after 2003, the Secretary shall adjust the weight otherwise determined under this paragraph with respect to the drug or biological to the extent that reliable and valid data collected and submitted by entities and organizations other than the Department of Health and Human Services (including data submitted in public comments on the proposed rule promulgated with respect to the system established under this subsection for 2004) demonstrate that such payment weight is inadequate or inaccurate. In the case of any adjustments made pursuant to the preceding sentence for 2004, the Secretary shall not revise the relative payment weights for other groups of covered OPD services for such year to take into account such adjustments, and the medicare OPD fee schedule amount determined under paragraph (3)(D) using a relative weight resulting from such an adjustment shall be subject to the minimum amount described in clause (ii)(I) of such paragraph.''. (2) Copayments.--Section 1833(t)(8)(E) of the Social Security Act (42 U.S.C. 1395l(t)(8)(E)) is amended-- (A) in the heading, by striking ``outlier and pass- through'' and inserting ``certain''; and (B) by striking ``paragraphs (5) and (6)'' and inserting ``paragraphs (3)(D)(ii), (5), and (6)''. (3) Exceptions to budget neutrality requirement.--Section 1833(t)(9)(B) of the Social Security Act (42 U.S.C. 1395l(t)(9)(B)) is amended by adding at the end the following: ``In determining the budget neutrality adjustment required by the preceding sentence, the Secretary shall not take into account-- ``(i) any expenditures that would not have been made but for the application of clause (ii) of paragraph (3)(D); or ``(ii) any expenditures made by reason of an adjustment required by subparagraph (D) for 2004.''. (c) Study of Pharmacy Services Used To Provide Cancer Drug Therapies in Hospital Outpatient Setting.-- (1) In general.--The Comptroller General shall conduct a study of payments under part B of title XVIII of the Social Security Act for pharmacy service costs and related costs that are incurred in acquiring chemotherapy and supportive care drugs and providing these therapies to cancer patients in hospital outpatient departments. The study shall-- (A) identify pharmacy costs, including the costs of storage, handling, processing, quality control, disposal, compliance with safety protocols and regulations, establishing dosage regimens that avoid drug interactions and contraindications, and pharmacy overhead; (B) include a review of the adequacy of the current payment methodology for pharmacy service costs and related costs (including the adequacy of the methodology used to estimate costs); and (C) identify any changes to that methodology that are necessary to ensure recognition of, and appropriate payment for, all of the services and functions inherent in the provision of cancer treatment in hospital outpatient settings. (2) Report to congress.--Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study under paragraph (1), including any recommendations for legislation that is necessary to implement the changes identified under paragraph (1)(C).", "summary": "Beneficiary Access to Care Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system for hospital outpatient department services (OPD) to: (1) require the Secretary of Health and Human Services to treat as a separate group of covered OPD services any drug or biological that was treated as such a group as of December 31, 2002, and any drug or biological that has ceased to be eligible for transitional, pass-through payments by reason of the limited period of payment specified; and (2) add special rules for 2004 for the calculation of Medicare OPD fee schedule amounts, among other payment-related changes.Directs the Comptroller General to study and report to Congress on pharmacy services used to provide cancer drug therapies in hospital outpatient setting."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Generating American Income and Infrastructure Now Act''. SEC. 2. REQUIRED SALE OF DISTRESSED NOTES AND OTHER OBLIGATIONS. (a) In General.-- (1) Coordination of sale of distressed notes.--The Secretary of Agriculture shall sell, under terms established by the Secretary of the Treasury, distressed notes and other obligations held by the Department of Agriculture. (2) Deposit of proceeds.--Of the proceeds from the sale of the notes and obligations pursuant to paragraph (1)-- (A) 50 percent shall be deposited in an account specifically designated for purposes of carrying out infrastructure projects in low-income communities (as defined in section 45D(e) of the Internal Revenue Code of 1986); and (B) 50 percent shall be retained in the Treasury for purposes of deficit reduction. (b) Terms and Procedures of Sales.-- (1) Fair market valuation.--The Secretary of the Treasury shall consult with the Secretary of Agriculture to establish a fair market valuation for the sale of the distressed notes or other obligations pursuant to this section. (2) No recourse or liability.--The sale of distressed notes or other obligations pursuant to this section shall be on a nonrecourse basis. The Secretary of Agriculture and any subsequent purchaser of such notes or other obligations sold on a nonrecourse basis shall be relieved of any responsibilities that might have been imposed had the borrower remained indebted to the Secretary of Agriculture. (3) Contract provisions.--The sale of distressed notes or other obligations pursuant to this section shall not alter the terms specified in the note or other obligation. (4) Notification; notice and comment.--Not less than 60 days before the sale of a distressed note or other obligation pursuant to this section, the Secretary of Agriculture shall notify the borrower that the Department of Agriculture intends to sell such note or other obligation. (5) Notice and comment.--During the 60-day period before the sale of a distressed note or other obligation under this section, the Secretary of Agriculture shall provide an opportunity for notice and public comment in a manner that protects the personally identifiable information relating to the borrower. (6) Borrower opportunity to refinance.--A borrower may pay off a distressed note or other obligation at a discount to par value enabling the borrower to refinance the note or other obligation through a private market loan within 30 days after the borrower receives notification of the intent to sell such note or other obligation pursuant to paragraph (4). (7) Best price.--The Secretary of Agriculture shall obtain the highest possible return from the sales of distressed notes or other obligations under this section and may conduct sales on a competitive bidding or negotiated process, in amounts sufficiently large to assure market interest. (8) Financial advisor.--In order to assure the highest possible return, the Secretary of Agriculture may employ public finance advisors from micro-, woman-, and minority-owned businesses, as defined by the Small Business Administration. (9) Loan servicing.--Before selling any distressed note or other obligation under this section, the Secretary of Agriculture shall require persons offering to purchase the note or other obligation to demonstrate-- (A) an ability or resources to provide such servicing, with respect to the distressed note or other obligation, that the Secretary of the Treasury determines to be necessary to ensure the continued performance on the loan; and (B) the ability to generate capital to provide the borrowers of the distressed notes or other obligations such additional credit as may be necessary in proper servicing of such notes or other obligations. (c) GAO Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the sale of distressed notes or other obligations of the Department of Agriculture under this section. Such report shall include the recommendation of the Comptroller General of the United States with respect to whether such a sale should be undertaken by other Federal agencies.", "summary": "Generating American Income and Infrastructure Now Act This bill requires the Department of Agriculture (USDA) to sell certain distressed notes and other obligations held by USDA. The sale must be conducted under terms and procedures established by the Department of the Treasury and specified in the bill. Of the proceeds from the sale: (1) 50% must be deposited into an account for carrying out infrastructure projects in low-income communities, and (2) 50% must be retained in the Treasury for deficit reduction."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Youth Summer Jobs Act of 2011''. SEC. 2. GRANTS FOR SUMMER JOBS FOR OUT-OF-SCHOOL YOUTH PROGRAMS. (a) In General.--The Secretary of Labor, subject to the availability of appropriations, shall award competitive grants to eligible entities for the purpose of providing job placement during the summer for out-of-school youths. (b) Eligible Entity.--For purposes of this section, an eligible entity shall-- (1) be a unit of general local government; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of Funds.-- (1) In general.--Amounts received as a grant under this section shall be used for providing summer employment for out- of-school youths that includes employment and job readiness activities, as determined by the Secretary, including work experiences and job placement. (2) Use of existing programs.--An eligible entity that operates an existing youth summer jobs program may use a grant received under this section to expand such program, in lieu of establishing a new program to provide job placement for youths, by providing under such program job training and support services, including health and nutrition referral, housing referral, financial literacy, and instruction on basic daily living skills. (d) Preference.-- (1) In general.--In awarding grants under this section, the Secretary shall give preference to an eligible entity in a community where, for the period between 2002 and 2007, at least one of the following rates was higher than the national average: (A) High school dropout rate. (B) Poverty rate. (C) Juvenile offender rate. (D) Unemployment rate. (E) Industry-depletion rate. (2) Additional preference.--In awarding grants under this section, the Secretary shall give additional preference to an eligible entity that operates in a community where, for the period between 2002 and 2007, each rate listed under paragraph (1) was higher than the national average of each such rate. (e) Grant Terms.-- (1) Duration.--A grant awarded under this section shall be for a term of not less than 5 years. (2) Grant amount.--The Secretary shall determine the amount of funds in a grant under this section. (3) Limitation on number of grants.--A grant recipient under this section shall not have more than 1 grant under this section at anytime. Once a grant term ends, the recipient of such grant may re-apply for a grant under this section. (4) Return of unobligated grant funds.--Not later than 30 days after the date on which a grant term ends, the eligible entity who received such grant shall return any unspent grant funds to the Secretary. (f) Reports.-- (1) Eligible entity.--Not later than September 30 of each fiscal year for which an eligible entity receives a grant under this section, such entity shall submit to the Secretary a report describing the grant-funded program conducted by such entity. The report shall include an assessment of how such program improved the employability skills of out-of-school youths. (2) Secretary.--Not later than August 1 of each fiscal year for which a grant is awarded under this section, the Secretary shall submit a report to Congress on the effectiveness of each grant-funded program. Such report shall include an assessment of the effectiveness of such program to improve General Education Development attainment and job placement of out-of- school youths participating in such program. (g) Definitions.--In this section: (1) Eligible youth.--The term ``eligible youth'' means an individual who has attained age 14 but not age 22. (2) Out-of-school youth.--The term ``out-of-school youth'' means-- (A) an eligible youth who is enrolled in a public or private secondary school; or (B) an eligible youth who has received a secondary school diploma or its equivalent but is basic-skills deficient, unemployed, or underemployed. (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. (4) Unit of general local government.--The term ``unit of general local government'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (h) Authorization of Appropriations.--For grants under this section, there are authorized to be appropriated to the Secretary the following amounts: (1) $20,000,000 for fiscal year 2012. (2) $30,000,000 for fiscal year 2013. (3) $40,000,000 for fiscal year 2014. (4) $50,000,000 for fiscal year 2015. (5) $60,000,000 for fiscal year 2016. (6) $60,000,000 for fiscal year 2017.", "summary": "National Youth Summer Jobs Act of 2011 - Directs the Secretary of Labor to award 5-year competitive grants to eligible local government units to provide summer employment, including job readiness activities, work experiences, and job placement, for out-of-school youths age 14 to 21 who are enrolled in a public or private secondary school or have received a secondary school diploma or its equivalent but are basic-skills deficient, unemployed, or underemployed. Allows eligible entities that operate existing youth summer jobs programs to use grants to expand their programs, in lieu of establishing new job placement programs, by providing job training and support services, including health and nutrition referral, housing referral, financial literacy, and instruction on basic daily living skills."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom from Equifax Exploitation Act''. SEC. 2. DEFINITION OF CREDIT FREEZE. Section 603(q) of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by adding at the end the following: ``(6) Credit freeze.-- ``(A) In general.--The term `credit freeze' means a restriction placed at the request of a consumer or a personal representative of the consumer, on the consumer report of the consumer, that prohibits a consumer reporting agency from releasing the consumer report for a purpose relating to the extension of credit without the express authorization of the consumer. ``(B) Exception.--A credit freeze shall not apply to the use of a consumer report by any of the following: ``(i) A person, or the subsidiary, affiliate, agent, subcontractor, or assignee of the person, with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owed on the account, contract, or debt. ``(ii) A person, or the subsidiary, affiliate, agent, subcontractor, or assignee of the person, to whom access has been granted pursuant to a request by the consumer described under section 605A(i)(1)(B), for purposes of facilitating the extension of credit or other permissible use. ``(iii) Any person acting pursuant to a court order, warrant, or subpoena. ``(iv) A Federal, State, or local government, or an agent or assignee thereof. ``(v) Any person for the sole purpose of providing a credit monitoring or identity theft protection service to which the consumer has subscribed. ``(vi) Any person for the purpose of providing a consumer with a copy of the consumer report or credit score of the consumer upon request by the consumer. ``(vii) Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting. ``(viii) Any person acting pursuant to an authorization from a consumer to use their consumer report for employment purposes.''. SEC. 3. ENHANCEMENT OF FRAUD ALERT PROTECTIONS. Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``One- Call'' and inserting ``One-Year''; (B) in paragraph (1)-- (i) in the paragraph heading, by striking ``Initial alerts'' and inserting ``In general''; (ii) in the matter preceding subparagraph (A), by inserting ``or harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer,'' after ``identity theft,''; (iii) in subparagraph (A)-- (I) by striking ``90 days'' and inserting ``1 year''; and (II) by striking ``and'' at the end; (iv) in subparagraph (B)-- (I) by inserting ``1-year'' before ``fraud alert''; and (II) by striking the period at the end and inserting ``; and''; and (v) by adding at the end the following: ``(C) upon the expiration of the 1-year period described in subparagraph (A) or a subsequent 1-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for an additional period of 1 year if the information asserted in this paragraph remains applicable.''; and (C) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting ``1-year'' before ``fraud alert''; and (ii) in subparagraph (B), by striking ``any request described in subparagraph (A)'' and inserting ``the consumer reporting agency includes the 1-year fraud alert in the file of the consumer''; (2) in subsection (b)-- (A) in the subsection heading, by striking ``Extended'' and inserting ``Seven-Year''; (B) in paragraph (1)-- (i) in subparagraph (B)-- (I) by striking ``5-year period beginning on the date of such request'' and inserting ``the 7-year period described in subparagraph (A)''; and (II) by striking ``and'' at the end; (ii) in subparagraph (C)-- (I) by striking ``extended'' and inserting ``7-year''; and (II) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) upon the expiration of the 7-year period described in subparagraph (A) or a subsequent 7-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for an additional period of 7 years if the consumer or such representative submits an updated identity theft report.''; and (C) in paragraph (2), by amending subparagraph (A) to read as follows: ``(A) disclose to the consumer that the consumer may request a free copy of the file of the consumer pursuant to section 612(d) during each 12-month period beginning on the date on which the 7-year fraud alert was included in the file and ending on the date of the last day that the 7-year fraud alert applies to the file of the consumer; and''; (3) in subsection (c)-- (A) by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; (B) in the matter preceding subparagraph (A), as so redesignated, by striking ``Upon the direct request'' and inserting the following: ``(1) In general.--Upon the direct request''; and (C) by adding at the end the following: ``(2) Access to free reports.--If a consumer reporting agency includes an active duty alert in the file of an active duty military consumer, the consumer reporting agency shall-- ``(A) disclose to the active duty military consumer that the active duty military consumer may request a free copy of the file of the active duty military consumer pursuant to section 612(d), during each 12- month period beginning on the date on which the activity duty military alert is requested and ending on the date of the last day that the active duty alert applies to the file of the active duty military consumer; and ``(B) not later than 3 business days after the date on which the active duty military consumer makes a request described in subparagraph (A), provide to the active duty military consumer all disclosures required to be made under section 609, without charge to the active duty military consumer.''; (4) by amending subsection (d) to read as follows: ``(d) Procedures.--Each consumer reporting agency described in section 603(p) shall establish and make available to the public on the Internet website of the consumer reporting agency policies and procedures to comply with this section, including policies and procedures-- ``(1) that inform consumers of the availability of 1-year fraud alerts, 7-year fraud alerts, active duty alerts, and credit freezes, as applicable; ``(2) that allow consumers to request 1-year fraud alerts, 7-year fraud alerts, and active duty alerts, as applicable, and to place, temporarily lift, or fully remove a credit freeze in a simple and easy manner; and ``(3) for asserting in good faith a suspicion that the consumer has been or is about to become a victim of identity theft, fraud, or a related crime, or harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer, for a consumer seeking a 1-year fraud alert or credit freeze.''; (5) in subsection (e), in the matter preceding paragraph (1), by inserting ``1-year or 7-year'' before ``fraud alert''; (6) in subsection (f), by striking ``or active duty alert'' and inserting ``active duty alert, or credit freeze, as applicable,''; (7) in subsection (g)-- (A) by inserting ``or has been harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer,'' after ``identity theft,''; and (B) by inserting ``or credit freezes'' after ``request alerts''; and (8) in subsection (h)-- (A) in paragraph (1)-- (i) in the paragraph heading, by striking ``initial'' and inserting ``1-year''; (ii) in subparagraph (A), by striking ``initial'' and inserting ``1-year''; and (iii) in subparagraph (B)(i), by striking ``an initial'' and inserting ``a 1-year''; and (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``extended'' and inserting ``7-year''; (ii) in subparagraph (A), in the matter preceding clause (i), by striking ``extended'' and inserting ``7-year''; and (iii) in subparagraph (B), by striking ``an extended'' and inserting ``a 7-year''. SEC. 4. PROVIDING FREE ACCESS TO CREDIT FREEZES. Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) is amended by adding at the end the following: ``(i) Credit Freezes.-- ``(1) In general.--Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, a consumer reporting agency that maintains a file on the consumer and has received appropriate proof of the identity of the requester (as described in section 1022.123 of title 12, Code of Federal Regulations, or any successor thereto) shall-- ``(A)(i) not later than 1 business day after receiving the request sent by postal mail, toll-free telephone, or secure electronic means as established by the agency, place a credit freeze on the file of the consumer; ``(ii) not later than 5 business days after placing a credit freeze described in clause (i), provide the consumer with written confirmation of the credit freeze and a unique personal identification number or password (other than the social security number of the consumer) for use to authorize the release of the file of the consumer for a specific period of time; and ``(iii) disclose all relevant information to the consumer relating to the procedures for temporarily lifting and fully removing a credit freeze, including a statement about the maximum amount of time given to an agency to conduct those actions; ``(B) if the consumer provides a correct personal identification number or password, temporarily lift an existing credit freeze from the file of the consumer for a period of time specified by the consumer for a specific user or category of users, as determined by the consumer-- ``(i) not later than 1 business day after receiving the request by postal mail; or ``(ii) not later than 15 minutes after receiving the request by toll-free telephone number or secure electronic means established by the agency, if the request is received during regular business hours, except if the ability of the consumer reporting agency to temporarily lift the credit freeze is prevented by-- ``(I) an act of God, including earthquakes, hurricanes, storms, or similar natural disaster or phenomenon, or fire; ``(II) unauthorized or illegal acts by a third party including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or a similar occurrence; ``(III) an operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or a similar disruption; ``(IV) governmental action, including emergency orders or regulations, judicial or law enforcement action, or a similar directive; ``(V) regularly scheduled maintenance or updates to the systems of the consumer reporting agency occurring outside of normal business hours; or ``(VI) commercially reasonable maintenance of, or repair to, the systems of the consumer reporting agency that is unexpected or unscheduled; or ``(C) if the consumer provides a correct personal identification number or password, fully remove an existing credit freeze from the file of the consumer not later than 21 business days after receiving the request by postal mail, toll-free telephone, or secure electronic means established by the consumer reporting agency. ``(2) No fee.--A consumer reporting agency may not charge a consumer a fee to place, temporarily lift, or fully remove a credit freeze. ``(3) Exclusion from third-party lists.--During the period beginning on the date on which a consumer or a representative of the consumer requests to place a credit freeze and ending the date on which the consumer or representative requests to fully remove a credit freeze, a consumer reporting agency shall exclude the consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, unless the consumer or that representative requests that the exclusion be rescinded before end of the period.''. SEC. 5. ADDITIONAL FREE CONSUMER REPORT. Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is amended-- (1) in subsection (f)(1), in the matter preceding subparagraph (A), by inserting ``or subsection (h)'' after ``through (d)''; and (2) by adding at the end the following: ``(h) Free Disclosures in Connection With Credit Freeze.--In addition to the free annual disclosure required under subsection (a)(1)(A), each consumer reporting agency that maintains a file on a consumer who requests a credit freeze under section 605A(i) shall make all disclosures pursuant to section 609 once during any 12-month period without charge to the consumer if the consumer makes a request under section 609.''. SEC. 6. REFUNDS. (a) Definitions.--In this section, the terms ``consumer'', ``consumer reporting agency'', and ``credit freeze'' have the meanings given those terms in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), as amended by section 2. (b) Refunds.--With respect to any consumer who requested a credit freeze from a consumer reporting agency during the period beginning on September 7, 2017, and ending on the day before the date of enactment of this Act, the consumer reporting agency-- (1) shall issue a refund to the consumer for any fees charged to the consumer relating to the request for a credit freeze; and (2) may not impose a fee on the consumer to temporarily lift or fully remove the credit freeze.", "summary": "Freedom from Equifax Exploitation Act This bill amends the Fair Credit Reporting Act to revise fraud alert provisions required of consumer reporting agencies. A fraud alert must be placed in a consumer's file upon request if the consumer suspects harm from an unauthorized disclosure. The time period for fraud alerts is extended from 90 days to 1 year. The bill also revises provisions relating to 7-year renewable fraud alerts in cases of identity theft. The bill establishes a credit freeze process. A consumer reporting agency must place a free credit freeze on the consumer's file upon a consumer's request, prohibiting a consumer reporting agency from releasing any credit information without the consumer's permission. Consumer reporting agencies must provide procedures for temporarily and permanently lifting the freeze at no charge to the consumer. Consumers are allowed a free credit report when requesting a credit freeze. While the file is subject to a freeze, a consumer reporting agency is prohibited from including the consumer in lists provided to third parties for credit or insurance offers. A consumer reporting agency must provide on the Internet policies and procedures for consumers to: (1) place, temporarily lift, or fully remove a credit freeze; and (2) make required statements for fraud alerts or credit freezes. The bill requires consumer reporting agencies to issue a refund of fees to any consumer who requested a credit freeze beginning September 7, 2017, through the day before enactment of this bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Pharmacist Services Coverage Act of 2001''. SEC. 2. MEDICARE COVERAGE OF PHARMACIST SERVICES. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) pharmacist services (as defined in subsection (ww));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``Pharmacist Services ``(ww) The term `pharmacist services' means such drug therapy management services furnished by a pharmacist, individually or on behalf of a pharmacy provider, and such services and supplies furnished as an incident to the pharmacist's drug therapy management service, which the pharmacist is legally authorized to perform (in the State in which the individual performs such services) in accordance with State law (or the State regulatory mechanism provided by State law).''. (c) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-489), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to pharmacist services under section 1861(s)(2)(W), the amounts paid shall be 80 percent of the lesser of the actual charge or the amount established under section 1834(n);''. (2) Establishment of fee schedule; payments prior to implementation of fee schedule.--Section 1834 of the Social Security Act (42 U.S.C. 1395m), as amended by section 223(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``(n) Fee Schedules for Pharmacist Services.-- ``(1) Development.--The Secretary shall develop-- ``(A) a relative value scale to serve as the basis for the payment of pharmacist services (as defined in section 1861(ww)) under this part; and ``(B) using such scale and appropriate conversion factors, fee schedules (on a regional, statewide, locality, or carrier service area basis) for payment for pharmacist services under this part, to be implemented for such services furnished during years beginning after the expiration of the 3-year period which begins on the date of enactment of this subsection. ``(2) Considerations.--In developing the relative value scale and fee schedules under paragraph (1), the Secretary shall consider differences in-- ``(A) the time required to perform types of pharmacist services; ``(B) the level of risk associated with the use of particular out-patient prescription drugs or groups of drugs; and ``(C) the health status of individuals to whom pharmacist services are provided. ``(3) Consultation.--In developing the fee schedule for pharmacist services under this subsection, the Secretary shall consult with various national organizations representing pharmacists and pharmacies and share with such organizations the relevant data and data analysis being used in establishing such fee schedule, including data on variations in payments under this part by geographic area and by service. ``(4) Payments prior to implementation of fee schedule.--In the case of a pharmacist service (as defined in section 1861(ww)) that is furnished before the implementation of the fee schedule developed under paragraph (1)(B), the Secretary shall pay an amount equal to 80 percent of the amount that the Secretary would pay for such service under the fee schedule established under section 1848 if the service were furnished by a physician or as an incident to a physician's service.''. (d) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the relative value scale and fee schedules developed under section 1834(n)(1) of the Social Security Act (as added by subsection (c)(2)) for pharmacist services furnished under part B of the medicare program under title XVIII of the Social Security Act. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2002.", "summary": "Medicare Pharmacist Services Coverage Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for Medicare coverage of pharmacist services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Show Background Check Act of 2008''. SEC. 2. GUN SHOW BACKGROUND CHECK. (a) Findings.--Congress finds that-- (1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and nonlicensed firearms sellers; (2) traditional gun shows, as well as flea markets and other organized events, at which a large number of firearms are offered for sale by Federal firearms licensees and nonlicensed firearms sellers, form a significant part of the national firearms market; (3) firearms and ammunition that are exhibited or offered for sale or exchange at gun shows, flea markets, and other organized events move easily in and substantially affect interstate commerce; (4) in fact, even before a firearm is exhibited or offered for sale or exchange at a gun show, flea market, or other organized event, the gun, its component parts, ammunition, and the raw materials from which it is manufactured have moved in interstate commerce; (5) gun shows, flea markets, and other organized events at which firearms are exhibited or offered for sale or exchange, provide a convenient and centralized commercial location at which firearms may be bought and sold anonymously, often without background checks and without records that enable gun tracing; (6) at gun shows, flea markets, and other organized events at which guns are exhibited or offered for sale or exchange, criminals and other prohibited persons obtain guns without background checks and frequently use guns that cannot be traced to later commit crimes; (7) since the enactment of the Brady Handgun Violence Prevention Act (Public Law 103-159; 107 Stat. 1536) in 1993, nearly 70,000,000 background checks have been performed by Federal firearms licensees, denying guns to 1,360,000 illegal buyers; (8) many persons who buy and sell firearms at gun shows, flea markets, and other organized events cross State lines to attend these events and engage in the interstate transportation of firearms obtained at these events; (9) gun violence is a pervasive, national problem that is exacerbated by the availability of guns at gun shows, flea markets, and other organized events; (10) firearms associated with gun shows have been transferred illegally to residents of another State by Federal firearms licensees and nonlicensed firearms sellers, and have been involved in subsequent crimes including drug offenses, crimes of violence, property crimes, and illegal possession of firearms by felons and other prohibited persons; and (11) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to ensure, by enactment of this Act, that criminals and other prohibited persons do not obtain firearms at gun shows, flea markets, and other organized events. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Gun show.--The term `gun show' means any event-- ``(A) at which 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and ``(B) at which-- ``(i) not fewer than 20 percent of the exhibitors are firearm exhibitors; ``(ii) there are not fewer than 10 firearm exhibitors; or ``(iii) 50 or more firearms are offered for sale, transfer, or exchange. ``(37) Gun show promoter.--The term `gun show promoter' means any person who organizes, plans, promotes, or operates a gun show. ``(38) Gun show vendor.--The term `gun show vendor' means any person who exhibits, sells, offers for sale, transfers, or exchanges 1 or more firearms at a gun show, regardless of whether or not the person arranges with the gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange 1 or more firearms.''. (c) Regulation of Firearms Transfers at Gun Shows.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Promoters.--It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person-- ``(1) registers with the Attorney General in accordance with regulations promulgated by the Attorney General; and ``(2) pays a registration fee, in an amount determined by the Attorney General. ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person-- ``(1) before commencement of the gun show, verifies the identity of each gun show vendor participating in the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the vendor containing a photograph of the vendor; ``(2) before commencement of the gun show, requires each gun show vendor to sign-- ``(A) a ledger with identifying information concerning the vendor; and ``(B) a notice advising the vendor of the obligations of the vendor under this chapter; ``(3) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe; and ``(4) maintains a copy of the records described in paragraphs (1) and (2) at the permanent place of business of the gun show promoter for such period of time and in such form as the Attorney General shall require by regulation. ``(c) Responsibilities of Transferors Other Than Licensees.-- ``(1) In general.--If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e). ``(2) Criminal background checks.--A person who is subject to the requirement of paragraph (1)-- ``(A) shall not transfer the firearm to the transferee until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and ``(B) notwithstanding subparagraph (A), shall not transfer the firearm to the transferee if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B). ``(3) Absence of recordkeeping requirements.--Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any nonlicensed vendor. ``(d) Responsibilities of Transferees Other Than Licensees.-- ``(1) In general.--If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to receive a firearm from another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e). ``(2) Criminal background checks.--A person who is subject to the requirement of paragraph (1)-- ``(A) shall not receive the firearm from the transferor until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and ``(B) notwithstanding subparagraph (A), shall not receive the firearm from the transferor if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B). ``(e) Responsibilities of Licensees.--A licensed importer, licensed manufacturer, or licensed dealer who agrees to assist a person who is not licensed under this chapter in carrying out the responsibilities of that person under subsection (c) or (d) with respect to the transfer of a firearm shall-- ``(1) enter such information about the firearm as the Attorney General may require by regulation into a separate bound record; ``(2) record the transfer on a form specified by the Attorney General; ``(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed importer, licensed manufacturer, or licensed dealer to the designated transferee (although a licensed importer, licensed manufacturer, or licensed dealer complying with this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the nonlicensed transferor), and notify the nonlicensed transferor and the nonlicensed transferee-- ``(A) of such compliance; and ``(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed importer, licensed manufacturer, or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or would violate State law; ``(4) not later than 10 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which report-- ``(A) shall be on a form specified by the Attorney General by regulation; and ``(B) shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; ``(5) if the licensed importer, licensed manufacturer, or licensed dealer assists a person other than a licensee in transferring, at 1 time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same nonlicensed person, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which report shall be-- ``(A) prepared on a form specified by the Attorney General; and ``(B) not later than the close of business on the date on which the transfer occurs, forwarded to-- ``(i) the office specified on the form described in subparagraph (A); and ``(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and ``(6) retain a record of the transfer as part of the permanent business records of the licensed importer, licensed manufacturer, or licensed dealer. ``(f) Records of Licensee Transfers.--If any part of a firearm transaction takes place at a gun show, each licensed importer, licensed manufacturer, and licensed dealer who transfers 1 or more firearms to a person who is not licensed under this chapter shall, not later than 10 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which report-- ``(1) shall be in a form specified by the Attorney General by regulation; ``(2) shall not include the name of or other identifying information relating to the transferee; and ``(3) shall not duplicate information provided in any report required under subsection (e)(4). ``(g) Firearm Transaction Defined.--In this section, the term `firearm transaction'-- ``(1) includes the offer for sale, sale, transfer, or exchange of a firearm; and ``(2) does not include the mere exhibition of a firearm.''. (2) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(8)(A) Whoever knowingly violates section 932(a) shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both. ``(C) Whoever willfully violates section 932(d), shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both. ``(D) Whoever knowingly violates subsection (e) or (f) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both. ``(E) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932-- ``(i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and ``(ii) impose a civil fine in an amount equal to not more than $10,000.''. (3) Technical and conforming amendments.--Chapter 44 of title 18, United States Code, is amended-- (A) in the chapter analysis, by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows.''; and (B) in the first sentence of section 923(j), by striking ``a gun show or event'' and inserting ``an event''. (d) Inspection Authority.--Section 923(g)(1) is amended by adding at the end the following: ``(E) Notwithstanding subparagraph (B), the Attorney General may enter during business hours the place of business of any gun show promoter and any place where a gun show is held for the purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. Such entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show promoters and licensees conducting business at the gun show and shall not require a showing of reasonable cause or a warrant.''. (e) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of title 18, United States Code, is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (f) Increased Penalties for Violations of Criminal Background Check Requirements.-- (1) Penalties.--Section 924(a) of title 18, United States Code, is amended-- (A) in paragraph (5), by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(s)''; and (B) by adding at the end the following: ``(9) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned not more than 5 years, or both.''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of title 18, United States Code, is amended by striking ``and, at the time'' and all that follows through ``State law''. (g) Effective Date.--This Act and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.", "summary": "Gun Show Background Check Act of 2008 - Amends the Brady Handgun Violence Prevention Act to require registration of gun show promoters and to set forth the responsibilities of promoters, licensees, and other transferors.Provides that if any part of a firearm transaction takes place at a gun show, each licensed importer, manufacturer, and dealer who transfers one or more firearms to a person who is not licensed shall, within ten days after the transfer, submit a report of the transfer to the Attorney General. Sets forth penalties for violations.Grants the Attorney General authority to enter the place of business of any gun show promoter and any place where a gun show is held, during business hours and without a showing of reasonable cause or a warrant, for purposes of examining records and the inventory of licensees conducting business to determine compliance with this Act.Increases penalties for: (1) serious record-keeping violations by licensees; and (2) violations of criminal background check requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Barriers to Veterans' Benefits Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Tinnitus is the most common service-connected disability for veterans from all periods of service, accounting for almost 841,000 individuals. (2) Hearing loss is the second leading service-connected disability for veterans from all periods of service, accounting for almost 702,000 individuals. (3) Since fiscal year 1999, the number of veterans with service-connected disability for tinnitus has increased by an average rate of 17 percent each year. (4) The number of tinnitus disabilities has grown from 128,600 in fiscal year 1999 to 840,900 in fiscal year 2011, an increase of more than 500 percent. SEC. 3. PRESUMPTION OF SERVICE-CONNECTION FOR HEARING LOSS AND TINNITUS. (a) Presumption.-- (1) In general.--Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1119. Presumption of service connection for hearing loss associated with particular military occupational specialties or combat service ``(a) In General.--(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, diagnosed hearing loss, tinnitus, or both of a veteran described in paragraph (2) shall be considered to have been incurred in or aggravated by the service of the veteran, notwithstanding that there is no record of evidence of such hearing loss or tinnitus, as the case may be, during the period of such service. ``(2) A veteran described in this paragraph is a veteran who while on active military, naval, or air service-- ``(A) was assigned to a military occupational specialty or equivalent described in subsection (b); or ``(B) served in combat against a hostile force during a period of hostilities (as defined in section 1712A(a)(2)(B) of this title). ``(b) Military Occupational Specialty.--A military occupational specialty or equivalent referred to in subsection (a)(2)(A) is a military occupational specialty or equivalent, if any, that the Secretary determines in regulations prescribed under this section in which individuals assigned to such military occupational specialty or equivalent in the active military, naval, or air service are or were likely to be exposed to a sufficiently high level of acoustic trauma as to result in permanent hearing loss, tinnitus, or both. ``(c) Determination.--(1) If the Secretary determines under subsection (b) that a presumption of service connection is warranted for a military occupational specialty or equivalent, the Secretary shall, not later than 60 days after the date of the determination, issue proposed regulations setting forth the Secretary's determination. ``(2) If the Secretary determines under subsection (b) that a presumption of service connection is not warranted for a military occupational specialty or equivalent, the Secretary shall, not later than 60 days after the date of the determination-- ``(A) publish the determination in the Federal Register; and ``(B) submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the determination, including a justification for the determination.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 11 of such title is amended by inserting after the item relating to section 1118 the following new item: ``1119. Presumption of service connection for hearing loss associated with particular military occupational specialties or combat service.''. (b) Presumption Rebuttable.--Section 1113 of title 38, United States Code, is amended by striking ``or 1118'' each place it appears and inserting ``1118, or 1119''. (c) Presumption During Peacetime Service.--Section 1137 of title 38, United States Code, is amended by striking ``and 1113'' and inserting ``1113, and 1119''. (d) Effective Date.--Section 1119 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to a claim for compensation made on or after the date that is 60 days after the date on which the Secretary prescribes regulations pursuant to subsection (c)(1) of such section. SEC. 4. AUDIOMETRIC TEST REQUIRED BEFORE SEPARATION OF MEMBERS OF THE ARMED FORCES. (a) In General.--Chapter 59 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1179. Audiometric test required ``Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary receives an audiometric test at the 8000 Hz frequency (or other test that the Secretary of Defense determines has the ability to discover potential future hearing loss) to evaluate the hearing of the member during the 90-day period before the date on which the member is discharged, separated, or retired.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1178 the following new item: ``1179. Audiometric test required.''. (c) Effective Date.--Section 1179 of title 10, United States Code, as added by subsection (a), shall apply with respect to a member being discharged, separated, or retired from the Armed Forces on or after the date that is 60 days after the date of the enactment of this Act.", "summary": "Reducing Barriers to Veterans' Benefits Act - Presumes a service connection, for veterans' benefits purposes, for diagnosed hearing loss, tinnitus, or both, for veterans who, during active military service: (1) were assigned to a military occupational specialty in which the veterans were likely to be exposed to a level of acoustic trauma sufficient to result in permanent hearing loss, tinnitus, or both; or (2) served in combat against a hostile force during a period of hostilities. Directs the Secretary of each military department to ensure that each member of the Armed Forces under their jurisdiction receives an audiometric test at the 8000 Hz frequency (or an equivalent test) to evaluate the hearing of such member during the 90-day period before the member is discharged, separated, or retired."}
{"article": "SECTION 1. TERMINATION AFTER 1997 OF TAX SUBSIDIES FOR LARGE PRODUCERS OF ETHANOL USED AS A FUEL. (a) General Rule--Subsection (e) of section 40 of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``Except in the case of the credit determined under subsection (a)(3), the preceding sentence shall be applied by substituting `1997' for `2000' and `1998' for `2001'.'' (b) Denial of Credit for Alcohol Used To Produce Ether.--Subsection (b) of section 40 of such Code is amended by adding at the end the following new paragraph: ``(6) Denial of credit for alcohol used to produce ether.-- No credit shall be allowed under this section for alcohol used to produce any ether.'' (c) Conforming Reductions of Other Incentives for Ethanol Fuel.-- (1) Repeal of reduced rate on ethanol fuel produced other than from petroleum or natural gas.--Subsection (b) of section 4041 of such Code is amended to read as follows: ``(b) Exemption for Off-Highway Business Use.-- ``(1) In general.--No tax shall be imposed by subsection (a) or (d)(1) on liquids sold for use or used in an off-highway business use. ``(2) Tax where other use.--If a liquid on which no tax was imposed by reason of paragraph (1) is used otherwise than in an off-highway business use, a tax shall be imposed by paragraph (1)(B), (2)(B), or (3)(A)(ii) of subsection (a) (whichever is appropriate) and by the corresponding provision of subsection (d)(1) (if any). ``(3) Off-highway business use defined.--For purposes of this subsection, the term `off-highway business use' has the meaning given to such term by section 6421(e)(2); except that such term shall not, for purposes of subsection (a)(1), include use in a diesel-powered train.'' (2) Repeal of reduced rate on ethanol fuel produced from natural gas.--Subsection (m) of section 4041 of such Code is amended-- (A) by striking ``or ethanol'' each place it appears (including the heading of paragraph (2)), and (B) by striking ``, ethanol, or other alcohol'' in paragraph (2) and inserting ``or other alcohol (other than ethanol)''. (d) Conforming Amendments To Excise Taxes; Fuel Alcohol Taxed in Same Manner as Other Motor Fuels.-- (1) In general.--Paragraph (1) of section 4083(a) of such Code (defining taxable fuel) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following: ``(C) fuel alcohol.'' (2) Fuel alcohol.--Subsection (a) of section 4083 of such Code is amended by adding at the end the following new paragraph: ``(4) Fuel alcohol.--The term `fuel alcohol' means any alcohol (including ethanol and methanol)-- ``(A) which is produced other than from petroleum, natural gas, or coal (including peat), and ``(B) which is withdrawn from the distillery where produced free of tax under chapter 51 by reason of section 5181 or so much of section 5214(a)(1) as relates to fuel use.'' (3) Rate of tax.--Clause (i) of section 4081(a)(2)(A) of such Code is amended by inserting ``or fuel alcohol'' after ``gasoline''. (4) Special rules for imposition of tax.--Paragraph (1) of section 4081(a) of such Code is amended by adding at the end the following new subparagraph: ``(C) Special rules for fuel alcohol.--In the case of fuel alcohol-- ``(i) the distillery where produced shall be treated as a refinery, and ``(ii) subparagraph (B) shall be applied by including transfers by truck or rail in excess of such minimum quantities as the Secretary shall prescribe.'' (5) Repeal of reduced rates on alcohol fuels.-- (A) Section 4041 of such Code is amended by striking subsection (k). (B) Section 4081 of such Code is amended by striking subsection (c). (C) Section 4091 of such Code is amended by striking subsection (c). (6) Conforming amendments.-- (A) Section 40 of such Code is amended by striking subsection (c). (B) Paragraph (4) of section 40(d) of such Code is amended to read as follows: ``(4) Volume of alcohol.--For purposes of determining under subsection (a) the number of gallons of alcohol with respect to which a credit is allowable under subsection (a), the volume of alcohol shall include the volume of any denaturant (including gasoline) which is added under any formulas approved by the Secretary to the extent that such denaturants do not exceed 5 percent of the volume of such alcohol (including denaturants).'' (C) Paragraph (2) of section 4041(a) of such Code is amended by adding at the end the following: ``No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081 and the tax thereon was not credited or refunded.'' (D) Section 6427 of such Code is amended by striking subsection (f). (E) Subsection (i) of section 6427 of such Code is amended by striking paragraph (3). (F) Paragraph (2) of section 6427(k) of such Code is amended by striking ``(3)''. (G)(i) Paragraph (1) of section 6427(l) of such Code is amended by striking ``or'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) any fuel alcohol (as defined in section 4083) on which tax has been imposed by section 4081, or''. (ii) Paragraph (2) of section 6427(l) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of fuel alcohol (as so defined), any use which is exempt from the tax imposed by section 4041(a)(2) other than by reason of a prior imposition of tax, and''. (iii) The heading of subsection (l) of section 6427 of such Code is amended by inserting ``, Fuel Alcohol,'' after ``Diesel Fuel''. (H) Sections 9503(b)(1)(E) and 9508(b)(2) of such Code are each amended by striking ``and diesel fuel'' and inserting ``diesel fuel, and fuel alcohol''. (I) Section 9502 of such Code is amended by striking subsection (e) and by redesignating subsection (f) as subsection (e). (J) Subsection (e) of section 9502 of such Code (as redesignated by subparagraph (I)) is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (K) Subsection (b) of section 9503 of such Code is amended by striking paragraph (5). (L) Paragraph (3) of section 9503(f) of such Code is amended to read as follows: ``(3) Partially exempt methanol or ethanol fuel.--In the case of a rate of tax determined under section 4041(m), the Highway Trust Fund financing rate is the excess (if any) of the rate so determined over-- ``(A) 5.55 cents per gallon after September 30, 1993, and before October 1, 1995, and ``(B) 4.3 cents per gallon after September 30, 1995.'' (e) Effective Date.--The amendments made by this section shall take effect on January 1, 1998. (f) Floor Stock Taxes.-- (1) Imposition of tax.--In the case of fuel alcohol which is held on January 1, 1998, by any person, there is hereby imposed a floor stocks tax of 18.4 cents per gallon. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding fuel alcohol on January 1, 1998, to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before June 30, 1998. (3) Definitions.--For purposes of this subsection-- (A) Fuel alcohol.--The term ``fuel alcohol'' has the meaning given such term by section 4083 of the Internal Revenue Code of 1986, as amended by this section. (B) Held by a person.--Fuel alcohol shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to fuel alcohol held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of the Internal Revenue Code of 1986 is allowable for such use. (5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on fuel alcohol held in the tank of a motor vehicle or motorboat. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on fuel alcohol held on January 1, 1998, by any person if the aggregate amount of fuel alcohol held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081.", "summary": "Amends the Internal Revenue Code to terminate the credit for large producers of ethanol used as a fuel after 1997. Disallows the credit for alcohol used to produce any ether. Exempts from tax liquids sold for use or used in an off-highway business use. Repeals the reduced rate on ethanol fuel produced from natural gas. Provides for the tax treatment of fuel alcohol in the same manner as other motor fuels. Repeals the reduced rates on alcohol fuels. Exempts partially, in the case of methanol or ethanol, the rate of tax determined under the Highway Trust Fund financing rate. Imposes a floor stock tax on fuel alcohol held by any individual on a specified date and makes such individual liable for such tax. Exempts fuel alcohol held by any individual for any use to the extent a credit or refund of the tax imposed under current law is allowed. Prohibits the imposition of tax on fuel alcohol held in the tank of a motor vehicle or motorboat and for certain amounts of fuel."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Cleanup Taxpayer Protection Act''. SEC. 2. SURFACE COAL MINING BONDING. Section 509 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1259) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Alternative Bonding System.--The Secretary may approve as part of a State or Federal program an alternative system that will-- ``(1) achieve the objectives and purposes of the bonding program pursuant to this section; and ``(2) result in no greater risk of financial liability to the Federal Government or a State government than the bonding program under this section.''; and (2) by adding at the end the following: ``(f) Self-Bonding.-- ``(1) Federal programs.-- ``(A) In general.--Effective on the date of enactment of this subsection, the Secretary-- ``(i) may not accept the bond of the applicant itself (referred to in this subsection as a `self-bond'); but ``(ii) may accept a separate surety or collateral bond, consistent with the terms under subsection (b). ``(B) Existing self-bonds.--For coal mining operations covered by a self-bond accepted by the Secretary prior to the date of enactment of this subsection, the permittee shall replace the self-bond with another form of bond acceptable to the Secretary under this section by not later than the earlier of-- ``(i) the date of renewal of the permit under section 506(d); and ``(ii) the date of any major permit modification under section 506. ``(2) State programs.-- ``(A) In general.--Not later than 90 days after the date of enactment of this subsection, the Secretary shall notify all State regulatory authorities that allow applicants to self-bond that the approved regulatory programs of the State regulatory authority must be amended-- ``(i) to remove the authority for applicants to self-bond; and ``(ii) to require coal mining operations covered by a self-bond accepted by the State regulatory authority prior to the date of enactment of this subsection to replace the self-bond with another form of bond acceptable under this section by not later than the earlier of-- ``(I) the date of renewal of the permit under section 506(d); and ``(II) the date of any major permit modification under section 506. ``(g) Bonds Issued by Surety.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall issue rules establishing limitations on surety bonds accepted under this section to minimize the risk of financial liability to the Federal Government or a State government, including rules regarding-- ``(A) the maximum quantity of corporate surety bonds issued by any 1 corporate surety as a percentage of the total quantity of coal mine reclamation bonds in any 1 State; ``(B) the minimum percentage of surety bonds unrelated to activities regulated pursuant to this Act required to reinsure corporate surety bonds; ``(C) the minimum collateralization required for corporate surety bonds; and ``(D) the minimum amount of cash assets required to be held by a corporate surety as a percentage of coal mine reclamation bonds issued by the corporate surety. ``(2) Existing corporate bonds.--Corporate surety bonds in existence on the date of enactment of this subsection must be modified or replaced as necessary by not later than 1 year after the date on which the rule is issued under paragraph (1). ``(h) Collateral Requirements.--Real property posted as collateral for a bond may not include-- ``(1) coal; ``(2) a coal mine; ``(3) land that includes a coal mine; ``(4) land that is located above a coal mine; ``(5) a coal processing facility; ``(6) a coal waste disposal site; ``(7) coal mining equipment unlikely to retain salvage or resale value; or ``(8) any other property determined by the Secretary. ``(i) Executive Compensation.--The Secretary may require the inclusion of executive compensation, including salaries and bonuses of officers and executives, of an applicant under this section, and any affiliated company, as collateral for a bond under this section.''.", "summary": "Coal Cleanup Taxpayer Protection Act This bill amends the Surface Mining Control and Reclamation Act to prohibit the Office of Surface Mining and Reclamation Enforcement (OSMRE)and state regulatory authoritiesfrom accepting new self-bonds for coal reclamation.Additionally, any existing self-bonds or corporate bondsutilized for coal reclamationmust be converted to surety or collateral bonds. The OSMRE may approve state or federal alternative coal miningbond programs thatresult in no greater risk of financial liability to the federalgovernment than a surety or collateral bond program. The bill also requires the OSMRE to issue rules establishing limitations on surety bondsto minimize the financial liability to the federal or stategovernment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Act of 1964 Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) on December 1, 1955, Rosa Parks' brave act of defiance, refusing to give up her seat to a white person on a segregated bus in Montgomery, Alabama, galvanized the modern civil rights movement and led to the desegregation of the South; (2) on February 1, 1960, 4 college students, Joseph McNeil, Franklin McCain, David Richmond, and Ezell Blair, Jr., asked to be served at a lunch counter in Greensboro, North Carolina, and lunch counter sit-ins began to occur throughout the South to challenge segregation in places of public accommodation; (3) on May 4, 1961, the Freedom Rides into the South began to test new court orders barring segregation in interstate transportation, and riders were jailed and beaten by mobs in several places, including Birmingham and Montgomery, Alabama; (4) Dr. Martin Luther King, Jr., was the leading civil rights advocate of the time, spearheading the civil rights movement in the United States during the 1950s and 1960s with the goal of nonviolent social change and full civil rights for African Americans; (5) on August 28, 1963, Dr. Martin Luther King, Jr., led over 250,000 civil rights supporters in the March on Washington and delivered his famous ``I Have A Dream'' speech to raise awareness and support for civil rights legislation; (6) Mrs. Coretta Scott King, a leading participant in the American civil rights movement, was side-by-side with her husband, Dr. Martin Luther King, Jr., during many civil rights marches, organized Freedom Concerts to draw attention to the Movement, and worked in her own right to create an America in which all people have equal rights; (7) the mass movement sparked by Rosa Parks and led by Dr. Martin Luther King, Jr., among others, called upon the Congress and Presidents John F. Kennedy and Lyndon B. Johnson to pass civil rights legislation which culminated in the enactment of the Civil Rights Act of 1964; (8) the Civil Rights Act of 1964 greatly expanded civil rights protections, outlawing racial discrimination and segregation in public places and places of public accommodation, in federally funded programs and employment and encouraging desegregation in public schools, and has served as a model for subsequent anti-discrimination laws; (9) we are an eminently better Nation because of Rosa Parks, Dr. Martin Luther King, Jr., and all those men and women who have confronted, and continue to confront, injustice and inequality wherever they see it; (10) equality in education was one of the cornerstones of the civil rights movement; (11) on September 10, 1961, Dr. Martin Luther King, Jr., wrote that African American ``students are coming to understand that education and learning have become tools for shaping the future and not devices of privilege for an exclusive few''; (12) over its long and distinguished history, the United Negro College Fund has provided scholarships and operating funds to its member colleges that have enabled more than 300,000 young African Americans to earn college degrees and become successful members of society; (13) those graduates include Dr. Martin Luther King, Jr., as well as leaders in the fields of education, science, medicine, law, entertainment, literature, the military, and politics who have made major contributions to the civil rights movement and the creation of a more equitable society; (14) Congress has an obligation to lead America's continued struggle to fight discrimination and ensure equal rights for all; and (15) the year 2014 will mark the semicentennial of the passage of the Civil Rights Act of 1964. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.--The design of the coins minted under this Act shall be emblematic of the enactment of the Civil Rights Act of 1964 and its contribution to civil rights in America. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2014''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2014. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the United Negro College Fund (UNCF) to carry out the purposes of the Fund, including providing scholarships and internships for minority students and operating funds and technology enhancement services for 39 member historically black colleges and universities. (c) Audits.--The United Negro College Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b).", "summary": "Civil Rights Act of 1964 Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue, during 2014, up to 350,000 one-dollar coins designed to be emblematic of the enactment of the Civil Rights Act of 1964 and its contribution to civil rights in America. Requires sales to include a $10 surcharge per coin, which shall be paid to the United Negro College Fund."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Plan Participant Protection Act of 1998''. SEC. 2. DUTIES OF THE PENSION BENEFIT GUARANTY CORPORATION WHILE SERVING AS TRUSTEE OF TERMINATED PLAN. (a) In General.--Section 4042(d)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1342(d)(3)) is amended-- (1) by inserting ``(A)'' after ``(3)''; and (2) by adding at the end the following new subparagraphs: ``(B) The corporation is subject to the same requirements of reporting and disclosure in connection with a pension plan for which the corporation is serving as trustee pursuant to this section as those of any plan administrator of an employee pension benefit plan under part 1 of subtitle B of title I. ``(C) The corporation is subject to the same fiduciary duties in connection with a pension plan for which the corporation is serving as trustee pursuant to this section, including the determination and payment of plan benefits, as those of any fiduciary of an employee pension benefit plan under part 1 of subtitle B of title I. The corporation shall maintain such separate books and records and retain such separate counsel on its behalf as may be necessary for carrying out such duties. ``(D) For purposes of applying part 5 of subtitle B of title I in the enforcement of subparagraphs (B) and (C)-- ``(i) any civil monetary penalty which may be assessed by the Secretary of Labor against the corporation under any provision of section 502(c) shall be assessed in the full amount specified in such provision, ``(ii) a civil action against the corporation as fiduciary under section 502(a)(2) for relief under section 409 may be brought by any affected party, and, in any such action by an affected party in which the corporation is removed as trustee, the replacement trustee shall be selected by the court from any list of qualified candidates which may be provided by such affected party, and ``(iii) any review under section 502 by a district court of the United States of a benefit determination by the corporation shall be de novo. ``(E) In any case in which the corporation serves as trustee for a terminated pension plan pursuant to this section, the corporation shall issue its final determination regarding any benefit payable under the plan not later than one year after the date of the corporation's appointment as trustee. Any failure by the corporation to comply with the requirements of this subparagraph shall be deemed an action of the corporation upon which a cause of action may be brought against the corporation under section 4003(f)(1).''. (b) Conforming Amendment.--Section 4023 of such Act (29 U.S.C. 1323) is amended-- (1) by inserting ``(a)'' after ``Sec. 4023.''; and (2) by adding at the end the following new subsection: ``(b) Subsection (a) shall not apply with respect to the corporation while the corporation is serving in its fiduciary capacity in accordance with section 4042(d)(3)(B).''. SEC. 3. PARTICIPANTS' COMMITTEES. (a) In General.--Subtitle C of title IV of the Employee Retirement Income Security Act of 1974 is amended by inserting after section 4048 (29 U.S.C. 1348) the following new section: ``participants' committees ``Sec. 4049. (a) In General.-- ``(1) Appointment of committee.--Except as provided in paragraph (3), as soon as practicable after the appointment of a trustee under section 4042, the trustee shall appoint a committee of participants under the plan. ``(2) Requests for adequate representation.--On request of an affected party, the court may order the appointment of additional committees of participants if necessary to assure adequate representation of participants. The trustee shall appoint any such committee. ``(3) Small businesses.--On request of an affected party in a case in which the plan sponsor is a small business and for cause, the court may order that a committee of participants not be appointed. ``(b) Membership.--A committee of participants appointed under subsection (a) shall ordinarily consist of the persons, willing to serve, that were in pay status under the plan as of the date of the termination of the plan and have the seven largest nonforfeitable benefits under the plan, or of the members of a committee organized by participants before such date, if such committee was fairly chosen and is representative of the participants of the plan. ``(c) Powers and Duties of Committees.-- ``(1) Appointment of attorneys, accountants, etc.--At a scheduled meeting of a committee appointed under subsection (a), at which a majority of the members of such committee are present, and with the court's approval, such committee may select and authorize the employment by such committee of one or more attorneys, accountants, or other agents to represent or perform services for such committee. ``(2) Preclusion of conflicts of interest.--An attorney or accountant employed to represent a committee appointed under subsection (a) may not, while employed by such committee, represent any other entity having an adverse interest in connection with the case. Representation of one or more participants of the same class as represented by the committee shall not per se constitute the representation of an adverse interest. ``(3) Specific powers.--A committee appointed under subsection (a) may-- ``(A) consult with the trustee concerning the administration of the case, ``(B) investigate the acts, conduct, assets, liabilities, and financial condition of the plan, the operation of the plan sponsor's financial operations, and the desirability of the continuance of the plan, and any other matter relevant to the case, ``(C) participate in the formulation of the plan for distribution of plan assets, advise those represented by such committee of such committee's determinations as to any plan for distribution of the plan's assets, and collect and file with the court acceptances or rejections of the plan for distribution of plan assets, ``(D) request the court for the appointment of the committee or any other person as an alternative trustee, and ``(E) perform such other services as are in the interest of plan participants and beneficiaries. ``(4) Meeting with trustee.--As soon as practicable after the appointment of a committee under subsection (a), the trustee shall meet with such committee to transact such business as may be necessary and proper.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 4048 the following new item: ``Sec. 4049. Participants' committees.''. SEC. 4. TRUSTEESHIP OF TERMINATED PLANS. (a) In General.--Section 4042(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1342(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by inserting before paragraph (3) the following new paragraph: ``(2) The court may appoint the corporation, a participants' committee, or any other person to serve as trustee under paragraph (1). Upon the application of any two or more of the foregoing to serve as trustee, the determination of the court of which to appoint shall be based on its determination of which applicant is most qualified to carry out the fiduciary duties of the trustee with respect to participants and beneficiaries without conflicts of interest.''. (b) Payment or Reimbursement of Reasonable Fees and Expenses.-- Section 4042(h) of such Act (29 U.S.C. 1342(h)) is amended by adding at the end the following new paragraph: ``(3) The reasonable fees and expenses of a trustee appointed under this section (other than the corporation), of any participants' committee, and of any counsel, accountants, actuaries, and other professional service personnel shall be paid, directly or by means of reimbursement, from the assets of the terminated plan.''. SEC. 5. PARTICIPANT'S ADVOCATE. (a) In General.--Subtitle D of title IV of the Employee Retirement Income Security Act of 1974 is amended by adding after section 4071 (29 U.S.C. 1371) the following new section: ``office of participant's advocate ``(a) In General.--The Secretary of Labor shall establish in the Department of Labor an Office of Participant's Advocate, to be headed by a Participant's Advocate. ``(b) Functions.--The Participant's Advocate shall, upon request of participants of terminated pension plans-- ``(1) counsel participants and beneficiaries of such plans in connection with their rights to benefits thereunder, and ``(2) provide legal representation before the corporation and in court to such participants who have been denied benefits by the corporation. ``(c) Fees.--The Office shall require only such fees for its services as may be prescribed in regulations of the Secretary of Labor. ``(d) Staff.--The Participant's Advocate shall appoint such attorneys, actuaries, and accountants as may be necessary to assist the Participant's Advocate in carrying out the functions of the Office, and may appoint such additional personnel as may be necessary to provide adequate support for the Office. ``(e) Notice.--Each notice of a benefit determination issued by the corporation to a participant or beneficiary under a terminated pension plan shall include a notice (in such form as shall be prescribed in regulations of the Secretary of Labor) describing the services of the Participant's Advocate's Office.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 4071 the following new item: ``Sec. 4071. Office of Participant's Advocate.''. (c) Effective Date.--The Secretary of Labor shall establish the Office of Participant's Advocate pursuant to the amendments made by this section not later than one year after the date of the enactment of this Act. SEC. 6. RULES GOVERNING TRUSTEESHIP BY THE CORPORATION. (a) In General.--Section 4042 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1342) is amended by adding at the end the following new subsection: ``(i) In any case in which the corporation serves as trustee of a terminated pension plan under this section-- ``(1) the corporation shall segregate assets of the terminated plan from the assets of any other plan or any other assets held by the corporation, ``(2) the corporation may not use any assets of the plan for any purpose other than payment of benefits or reasonable administrative expenses directly attributable to the termination and administration of the plan, excluding any generally applicable overhead expenses of the corporation, and ``(3) the corporation shall obtain the services of independent contractors in connection with the termination or administration of the plan only through a competitive bidding process.''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to plan terminations-- (1) the termination date for which occurs on or after January 1, 1990, and (2) for which the final distribution of assets occurs on or after the date of the enactment of this Act.", "summary": "Pension Plan Participant Protection Act of 1998 - Amends the Employee Retirement Income Security Act of 1974 to set forth certain protections for participants and beneficiaries of terminated pension plans. (Sec. 2) Subjects the Pension Benefit Guaranty Corporation (PBGC) to specified fiduciary duties and to reporting, disclosure, and other requirements while it serves as trustee of a terminated pension plan. Provides for assessment of civil penalties against the PBGC for violation of such requirements and duties. Allows any affected party to bring a civil action for relief against the PBGC as fiduciary. Requires the court, in any such action in which the PBGC is removed as trustee, to select the replacement trustee from a list of qualified candidates provided by the affected party. Requires the PBGC to issue its final determination regarding any benefit payable under a terminated pension plan within one year after the date of its appointment as plan trustee. Requires any review of such a PBGC benefit determination by a Federal district court to be de novo. (Sec. 3) Requires the plan trustee to appoint a committee of participants. Authorizes the court, on request of an affected party, to order: (1) the trustee to appoint additional participants' committees if necessary to assure adequate representation; and (2) that a committee of participants not be appointed in a case in which the plan sponsor is a small business. (Sec. 4) Authorizes the appropriate Federal district court to appoint as the trustee of a terminated pension plan the PBGC, a participants' committee, or any other person. Requires the court, if two or more entities apply to serve as trustee, to base the appointment on its determination of which applicant is most qualified to carry out the fiduciary duties of the trustee without conflicts of interest. Requires payment or reimbursement of reasonable fees or expenses of any trustee other than the PBGC. (Sec. 5) Directs the Secretary of Labor to establish in the Department of Labor an Office of Participant's Advocate, headed by a Participant's Advocate, which shall: (1) counsel participants and beneficiaries in connection with their benefits rights; and (2) provide legal representation before the PBGC and in court to participants denied benefits by the PBGC. (Sec. 6) Requires the PBGC, as a trustee of a terminated plan, to: (1) segregate the plan's assets from those of any other plan or any other assets held by the PBGC; (2) use the plan's assets only for payment of benefits or reasonable administrative expenses directly attributable to the plan's termination and administration (excluding any generally applicable overhead expenses of the PBGC); and (3) obtain the services of independent contractors in connection with the termination or administration of the plan only through a competitive bidding process."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Students Using the Camp Community for Enrichment, Strength, and Success Act'' or the ``Promoting SUCCESS Act''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) reduce childhood obesity through increased physical activity and healthy lifestyle choices; and (2) strengthen high school graduation rates by reducing summer learning loss. SEC. 3. GRANTS AUTHORIZED. From the amounts appropriated under section 11, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out a summertime learning pilot program. SEC. 4. APPLICATION. To receive a grant under this Act, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. An application shall include-- (1) a description of the needs of the youth population that will be served under the grant, including any data with respect to such youth that supports a need for the grant, including data on-- (A) summer learning loss; (B) academic achievement; (C) physical activity; (D) childhood obesity; and (E) any other relevant needs facing the youth population; (2) a description of the balanced array of activities that will be undertaken with the grant funds to address the needs of the youth population described in paragraph (1) to reduce summer learning loss, strengthen academic achievement, increase physical activity, reduce childhood obesity, and promote youth development; (3) in the case of an eligible entity consisting of at least 1 nonprofit or for-profit organization offering camp activities, a description of how the eligible entity will work with the local educational agencies and schools serving the youth participating in activities funded under the grant to-- (A) provide activities that complement the academic curriculum taught to the students; and (B) address the academic and developmental needs of the students; (4) specific goals, strategies, and performance measures related to the academic and developmental outcomes expected to be achieved under the grant, including the number of indicators of performance described in subsection 7(b)(2), and the level of performance (as measured by level of performance measure described in section 7(b)(3)) on each of the indicators, expected to be achieved; and (5) an outreach strategy, including-- (A) a description of how parents will be informed of the opportunities made available under the grant; and (B) a description of how diverse participants and staff will be recruited to participate in such opportunities. SEC. 5. PRIORITY. The Secretary shall give priority to eligible entities-- (1) proposing to target services to students who attend schools that have been identified as in need of improvement under section 1116 of the Elementary and Secondary Education Act of 1965; (2) that consist of not less than 1-- (A) nonprofit or for-profit organization offering camp activities; or (B) a local educational agency receiving funds under part A of title I of the Elementary and Secondary Education Act of 1965; and (3) proposing to provide at least 1 activity from 3 or more categories described in section 6(b). SEC. 6. ALLOWABLE USES OF FUNDS. (a) In General.--An eligible entity receiving funds under this Act shall use such funds-- (1) to carry out a summertime learning pilot program that provides the camp activities described in subsection (b) for students during the period beginning with the summer after grade 5 through the summer before grade 10 to increase on-time promotion to the next grade level, reduce summer learning loss, strengthen academic achievement, increase physical activity, promote healthy lifestyle choices, and promote positive youth development; (2) to provide training and technical assistance to pilot program staff in areas such as-- (A) shared leadership; (B) the cultural needs of students; (C) how to attract and effectively serve diverse students and staff; and (D) experiential learning as a teaching strategy; (3) for the evaluation and data collection necessary to submit annual reports under section 7(a); and (4) for reasonable costs associated with program coordination and administration. (b) Camp Activities.--The camp activities described in this subsection include activities in areas such as-- (1) academic achievement, including-- (A) activities related to literacy; (B) tutoring or mentoring to promote academic achievement; (C) nature-based activities that promote achievement in science, technology, engineering, and math; and (D) other activities developed to reduce summer learning loss and increase on-time promotion to the next grade level; (2) health and wellness activities, including activities that encourage-- (A) eating 5 fruits and vegetables a day; (B) limiting computer and television screen time; (C) striving for 1 hour of physical activity a day; and (D) limiting sugar-sweetened drinks; (3) independent living skills, including skills related to-- (A) personal appearance and hygiene; (B) first aid; (C) health; (D) emergency and safety; (E) knowledge of community resources; and (F) interpersonal skills; (4) environmental stewardship, including activities related to-- (A) nature-based civic engagement; (B) service learning; (C) environmental awareness; and (D) other community-based improvement activities; (5) leadership development, including activities related to-- (A) leadership competencies; (B) leadership styles; (C) conflict-management; (D) communication; (E) character development; (F) working effectively with others; (G) emotional self-regulation; (H) team building; (I) making positive choices; and (J) mobilizing groups to solve problems; and (6) workforce preparation, including a range of introductory workforce experiences (such as staff training, workplace etiquette, employee and supervisor relationships, performance feedback, workforce training, and care-giving and supervision of youth). SEC. 7. ACCOUNTABILITY. (a) Annual Reporting.--An eligible entity receiving a grant under this Act shall submit an annual report to the Secretary at such time, in such manner, and providing such information as the Secretary may require, including-- (1) information on the number, and demographic information, of the children served under the summertime learning pilot program carried out with the grant funds; (2) the camp activities provided under the program; and (3) an evaluation of the program using the indicators of performance described in subsection (b)(2) and the level of performance measure described in subsection (b)(3). (b) Independent Evaluation.-- (1) In general.--From the amounts appropriated under section 11 to carry out this subsection, the Secretary shall award a grant or a contract to an independent entity outside of the Department of Education to carry out an evaluation of the grants provided under this Act. Such evaluation shall evaluate the summertime learning pilot program carried out by each eligible entity using a grant under this Act by-- (A) analyzing and documenting the strategies (for increasing on-time promotion to the next grade level, reducing summer learning loss, strengthening academic achievement, increasing physical activity, promoting healthy lifestyle choices, and promoting positive youth development) implemented by the eligible entities under the program, and the key lessons learned by the entity (such as lessons with respect to program design, collaboration among nonprofit organizations, local educational agencies, and schools that offer camps, and program implementation); (B) measuring progress toward the goals identified under subparagraph (A) through the strategies identified under such subparagraph; (C) evaluating the performance of the program using the indicators of performance described in paragraph (2); and (D) determining the level of performance achieved on each such indicator of performance as measured by the level of performance measure described in paragraph (3). (2) Indicators of performance.--The indicators of performance described in this paragraph shall consist of the following: (A) The number and percentage of students served in grade 5 through grade 9 who are promoted to the next grade level on-time. (B) The number and percentage of students passing the State's academic assessments in reading and mathematics required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)). (C) Student school behavior during the summer and the regular school year, as measured by truancy or teacher or principal behavior reports. (D) Number or percentage of students participating in 60 minutes or more of moderate-vigorous physical activity during the program. (E) Developmental outcomes of the students, including-- (i) positive self-identity; (ii) social and interpersonal skills; (iii) responsibility and independence; (iv) positive values and character; (v) creativity and exploration; and (vi) leadership and civic engagement. (3) Level of performance measure.--For each indicator of performance described in paragraph (2), the Secretary, in coordination with eligible entities, shall develop a level of performance measure expressed in an objective and quantifiable form that measures the level of performance achieved by the eligible entity on such indicator. SEC. 8. TECHNICAL ASSISTANCE AND BEST PRACTICES. From the amounts appropriated under section 11, the Secretary shall provide a grant or contract to 1 or more national nonprofit organizations to collect best practices from among grantees under this Act and provide grantees with training, technical assistance, and professional development. A national organization receiving a grant or contract under this section shall have demonstrated expertise in providing technical assistance and training on quality activities for children and youth during the summer, and shall have experience implementing a national system of accreditation to strengthen the quality of summer camp experiences for children and youth. SEC. 9. MATCHING FUNDS. (a) In General.--The Secretary shall require each eligible entity receiving a grant under this Act to provide matching funds from non- Federal sources in an amount determined under subsection (b). (b) Determination of Amount of Match.-- (1) Sliding scale.--Subject to paragraph (2), the Secretary shall determine the amount of matching funds to be required of an eligible entity under this subsection based on a sliding fee scale that takes into account-- (A) the poverty level of the population to be targeted by the eligible entity; and (B) the ability of the eligible entity to obtain such matching funds. (2) Maximum amount.--The Secretary may not require any eligible entity under this section to provide matching funds in an amount that exceeds the amount of the grant award under this Act. (3) Level of poverty.--In determining the poverty level for purposes of subparagraph (A), the Secretary shall use the criteria of poverty used by the Bureau of the Census in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. (c) In-Kind Contributions.--The Secretary shall permit eligible entities under this section to match funds in whole or in part with in- kind contributions. (d) Consideration.--Notwithstanding this section, the Secretary shall not consider an applicant's ability to match funds when determining which applicants will receive grants under this Act. SEC. 10. DEFINITIONS. In this Act: (1) Camp activities.--The term ``camp'' refers to an intentional set of evidence-based youth development and academic activities taking place primarily during the summer weeks when school is not in regular session. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a nonprofit organization; (B) a for-profit organization, (C) a local educational agency; and (D) a consortium of 2 or more local educational agencies. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2011 through 2015. (b) Allocations.--Of the amount appropriated under subsection (a), the Secretary shall use-- (1) not less than 90 percent for grants to eligible entities under this Act; and (2) not more than the greater of 10 percent or $5,000,000 for technical assistance and evaluations under sections 7(b) and 8.", "summary": "Promoting Students Using the Camp Community for Enrichment, Strength, and Success Act or the Promoting SUCCESS Act - Directs the Secretary of Education to award competitive matching grants to nonprofit organizations, for-profit organizations, and local educational agencies to carry out summertime learning pilot programs for students during their summers after grades five through nine. Requires such programs to provide students with camp activities geared toward: (1) reducing childhood obesity through increased physical activity and healthy lifestyle choices; (2) strengthening high school graduation rates by reducing summer learning loss and improving academic achievement; and (3) promoting positive youth development. Directs the Secretary to arrange for an independent evaluation of the pilot programs. Requires the Secretary to provide a grant or contract to one or more national nonprofit organizations to collect best practices from among this Act's grantees and provide grantees with training, technical assistance, and professional development."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Oil-for-Food Accountability Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Allegations have been raised of substantial fraud and corruption in the administration of the Office of the Iraq Oil- for-Food Program of the United Nations. (2) The United Nations received 2.2 percent of the proceeds of the sale of the oil exported from Iraq under the oil-for- food program, representing approximately $1,400,000,000, to fund the administrative costs of the program. (3) The General Accounting Office estimates that during the period from 1997 through 2002, the former Iraqi regime received $10,100,000,000 in illegal revenues from the oil-for-food program, including $5,700,000,000 received from oil smuggled out of Iraq and $4,400,000,000 received from surcharges on oil sales and illicit commissions from suppliers exporting goods to Iraq. (4) Any illicit activity by United Nations officials, personnel, agents, or contractors, including entities that have entered into contracts under the oil-for-food program, is unacceptable and should be thoroughly investigated. (5) Documents in the files of the former Oil Ministry of Iraq indicate that Benon Sevan, the Executive Director of the oil-for-food program, and other senior United Nations officials may have been connected to an illicit scheme in which approximately 270 prominent foreign officials, business people, and political entities received the right to trade in Iraqi oil at below-market prices. (6) On April 21, 2004, the United Nations Security Council adopted Resolution 1538, which established a high-level inquiry into allegations regarding the administration of the oil-for- food program. The inquiry will be led by Paul Volcker, but the investigators will not have subpoena power. (7) The ability and credibility of the United Nations Security Council to act in matters of war and peace is threatened by the alleged influence of politically connected individuals, companies, and institutions of the permanent member states who received Iraqi oil contracts. (8) The ability and credibility of the United Nations to convey legitimacy to the new Government of Iraq and assist in the reconstruction of postwar Iraq is hampered by these allegations of United Nations corruption and mismanagement in the oil-for-food program. SEC. 3. OIL-FOR-FOOD PROGRAM DEFINED. In this Act, the term ``oil-for-food program'' means the program established and administered pursuant to United Nations Security Council Resolution 986 (April 14, 1995) and subsequent United Nations resolutions to permit the sale of petroleum products exported from Iraq and to use the revenue generated from such sale for humanitarian assistance. SEC. 4. PAYMENT OF UNITED STATES CONTRIBUTIONS FOR UNITED NATIONS REGULAR BUDGET CONTINGENT UPON PRESIDENTIAL CERTIFICATION OF UNITED NATIONS COOPERATION. (a) Withholding of Portion of Assessed Contributions.--Until the President submits to Congress a certification that satisfies the requirements described in subsection (b), amounts shall be withheld from amounts appropriated for contributions to international organizations as follows: (1) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2005, 10 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (2) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2006, 20 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (b) Certification.--The certification referred to in subsection (a) is a certification made by the President to Congress that-- (1) the United Nations has in effect procedures that provide the General Accounting Office access to all documents relating to the oil-for-food program so that the Comptroller General may perform nationally mandated reviews of United Nations operations; (2) the United Nations Secretary General has formally confirmed that the United Nations will not assert the inviolability of United Nations papers and internal records that concern the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program; (3) the United Nations Secretary General has authorized the release to the law enforcement authorities of any member state of the United Nations authentic copies of any document in the possession of the United Nations, including any document in the possession of a person who was engaged on a contract basis to provide goods or services to the United Nations, that in the judgment of the requesting authority directly or indirectly concerns the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program upon request by such law enforcement authority; (4) the United Nations has waived any immunity enjoyed by any United Nations official from the judicial process in the United States for any civil or criminal acts or omissions under Federal or State law that may have transpired within the jurisdiction of the United States in connection with the oil- for-food program; and (5) any United Nations official who benefitted financially from the oil-for-food program has reimbursed the Government of Iraq and any other entity affected by the illicit activity of such official the full amount that such official improperly received from the oil-for-food program.", "summary": "United Nations Oil-for-Food Accountability Act of 2004 - Requires the withholding of certain FY 2005 and 2006 U.S. contributions to the United Nations (UN) until the President certifies that the UN is cooperating in the investigation of the United Nations Oil-for-Food Program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``TANF Recipients' Lifeline Act''. SEC. 2. REPEAL OF 5-YEAR LIMIT ON BENEFITS. (a) In General.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by striking paragraph (7). (b) Conforming Amendment.--Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by striking paragraph (9). SEC. 3. EXCEPTION FOR TANF TO 5-YEAR BAN ON BENEFITS FOR QUALIFIED ALIENS. (a) In General.--Section 403(c)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)) is amended by adding at the end the following: ``(L) Benefits under the Temporary Assistance for Needy Families program described in section 402(b)(3)(A).''. (b) Conforming Amendments.--Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended-- (1) in subparagraph (A)(ii) by striking ``subparagraph (C))'' and inserting ``subparagraphs (A) and (C))''; and (2) by striking subparagraph (B). SEC. 4. REQUIREMENT TO PROVIDE TRANSLATION SERVICES FOR NON-ENGLISH SPEAKERS. (a) Requirement.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) Use of bilingual personnel and printed material.--A State to which a grant is made under section 403 shall use appropriate bilingual personnel and printed material in the administration of the State program funded under this part in those portions of the political subdivisions in the State in which a substantial number of recipients of assistance under the State program speak a language other than English.''. (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the following: ``(15) Failure to use bilingual personnel and printed material.--If the Secretary determines that a State to which a grant is made under section 403 for a fiscal year has violated section 408(a)(12) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 2 percent of the State family assistance grant.''. SEC. 5. INFLATION ADJUSTMENT OF BLOCK GRANT. (a) Extension of Block Grant.--Section 403(a)(1)(A) of the Social Security Act (42 U.S.C. 603(a)(1)(A)) is amended by striking ``1996'' and all that follows through ``2002'' and inserting ``2002 through 2005''. (b) Inflation Adjustment.--Section 403(a)(1) of such Act (42 U.S.C. 603(a)(1)) is amended-- (1) in subparagraph (B)-- (A) by striking ``means the greatest of--'' and inserting ``means, with respect to a fiscal year specified in subparagraph (A)-- ``(i) the greatest of--''; (B) by redesignating each of clauses (i), (ii)(I), (ii)(II), and (iii) as subclauses (I), (II)(aa), (II)(bb), and (III), respectively; (C) by indenting each of the provisions specified in subparagraph (B) of this paragraph 2 additional ems to the right; (D) by striking the period and inserting ``; mulitplied by''; and (E) by adding at the end the following: ``(ii) if the fiscal year specified in subparagraph (A) is-- ``(I) fiscal year 2002 or 2003, 1.00; or ``(II) fiscal year 2004 or 2005, 1.00 plus the inflation percentage (as defined in subparagraph (F) of this paragraph) in effect for the fiscal year specified in subparagraph (A).''; and (2) by adding at the end the following: ``(F) Inflation percentage.--For purposes of subparagraph (B) of this paragraph, the inflation percentage applicable to a fiscal year is the percentage (if any) by which-- ``(i) the average of the Consumer Price Index (as defined in section 1(f)(5) of the Internal Revenue Code of 1986) for the 12-month period ending on September 30 of the immediately preceding fiscal year; exceeds ``(ii) the average of the Consumer Price Index (as so defined) for the 12-month period ending on September 30, 2002.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2002.", "summary": "TANF Recipients' Lifeline Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to: (1) repeal the five year limit on TANF benefits; (2) require a State to which a TANF grant is made to use appropriate bilingual personnel and printed material in the administration of the State program in those portions of the State in which a substantial number of TANF recipients speak a language other than English; and (3) provide for inflation adjustment of the TANF block grant.Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to exempt TANF benefits from the ban on Federal means-tested public benefits for qualified aliens for the first five years after lawful entry into the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``NSA Internal Watchdog Act''. SEC. 2. INSPECTOR GENERAL OF THE NATIONAL SECURITY AGENCY. (a) Elevation of Inspector General Status.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 8G(a)(2), by striking ``the National Security Agency,''; and (2) in section 12-- (A) in paragraph (1), by inserting ``the Director of the National Security Agency;'' after ``Export- Import Bank;''; and (B) in paragraph (2), by inserting ``the National Security Agency,'' after ``the National Aeronautics and Space Administration,''. (b) Date of Appointment.--Not later than 90 days after the date of the enactment of this Act, the President shall nominate a person for appointment, by and with the advice and consent of the Senate, as Inspector General of the National Security Agency under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by subsection (a). (c) Transition Rule.--An individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act pursuant to an appointment made under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)-- (1) may continue so serving until the President makes an appointment under section 3(a) of such Act with respect to the National Security Agency consistent with the amendments made by subsection (a); and (2) shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such Act that, immediately before the date of the enactment of this Act, applied with respect to the Inspector General of the National Security Agency and suffer no reduction in pay. SEC. 3. ANNUAL REVIEW OF MECHANISMS FOR REPORTING EMPLOYEE OR CONTRACTOR COMPLAINTS. Section 8H(g)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new subparagraph: ``(E) In the case of the Inspector General of the National Security Agency, a review of the mechanisms for submitting complaints that are available to an employee of or contractor to the National Security Agency and any recommendations of the Inspector General for improving such mechanisms.''. SEC. 4. SPECIAL PROVISIONS CONCERNING THE NATIONAL SECURITY AGENCY. The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section: ``SEC. 8K. SPECIAL PROVISIONS CONCERNING THE NATIONAL SECURITY AGENCY. ``(a) General Counsel to the Inspector General.-- ``(1) In general.--There is a General Counsel to the Inspector General of the National Security Agency, who shall be appointed by the Inspector General of the National Security Agency. ``(2) Duties.--The General Counsel to the Inspector General of the National Security Agency shall-- ``(A) serve as the chief legal officer of the Office of the Inspector General of the National Security Agency; ``(B) provide legal services only to the Inspector General of the National Security Agency; ``(C) perform such functions as the Inspector General may prescribe; and ``(D) serve at the discretion of the Inspector General. ``(3) Office of the general counsel.--There is an Office of the General Counsel to the Inspector General of the National Security Agency. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate. ``(b) Testimony.-- ``(1) Authority to compel.--The Inspector General of the National Security Agency is authorized to require by subpoena the attendance and testimony of former employees of the National Security Agency or contractors, former contractors, or former detailees to the National Security Agency as necessary in the performance of functions assigned to the Inspector General by this Act. ``(2) Refusal to obey.--A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. ``(3) Notification.--The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section. ``(c) Prohibitions on Investigations for National Security Reasons.-- ``(1) Evaluations of prohibitions.--Not later than 7 days after the date on which the Inspector General of the National Security Agency receives notice or a statement under section 8G(d)(2)(C) of the reasons the Secretary of Defense is prohibiting the Inspector General from initiating, carrying out, or completing any audit or investigation, the Inspector General shall submit to the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives and the Select Committee on Intelligence and the Committee on Armed Services of the Senate an evaluation of such notice or such statement. ``(2) Inclusion in semi-annual report.--The Inspector General shall include in the semiannual report prepared by the Inspector General in accordance with section 5(a) a description of the instances in which the Secretary of Defense prohibited the Inspector General from initiating, carrying out, or completing any audit or investigation during the period covered by such report. ``(d) Standard for Audits and Investigations.--In carrying out any audit or investigation of a surveillance or data collection program, the Inspector General shall-- ``(1) assess the impact of such program on civil rights and civil liberties; ``(2) assess the effectiveness and use, including any improper or illegal use, of such program; and ``(3) make any recommendations the Inspector General considers appropriate to improve the protection of civil rights and civil liberties in the operation of such program. ``(e) Availability of Reports.-- ``(1) Availability.--Each report to Congress or a committee of Congress by the Inspector General shall be made available to all Members of Congress. ``(2) Member of congress defined.--In this subsection, the term `Member of Congress' means a Senator, a Member of the House of Representatives, or a Delegate or Resident Commissioner to the Congress.''. SEC. 5. AUDIT OF SURVEILLANCE PROGRAMS AND BACKGROUND INVESTIGATIONS. (a) Audit.--The Inspector General of the National Security Agency appointed under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by section 2(a) of this Act shall perform a comprehensive audit of-- (1) the effectiveness and use, including improper or illegal use, of surveillance and data collection programs of the National Security Agency, including programs conducted pursuant to sections 501 and 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 and 1881a); (2) the interactions between the National Security Agency and the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)), including the accuracy of the information provided to such court by the Agency and the compliance of the Agency with orders of such court; and (3) the process for conducting background investigations of persons for purposes of employment or potential employment by the National Security Agency or for receiving access to classified information. (b) Report.--Not later than 180 days after the date on which the Inspector General of the National Security Agency is appointed under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by section 2(a) of this Act, the Inspector General of the National Security Agency shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under subsection (a). (c) Rule of Construction.--Nothing in this section shall be construed to alter the responsibility of the Inspector General of the National Security Agency to conduct audits or investigations of the surveillance programs of the National Security Agency and the background investigation process for employment or access to classified information on an ongoing basis in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).", "summary": "NSA Internal Watchdog Act - Amends the Inspector General Act of 1978 to require the President to appoint, with advice and consent of the Senate, the Inspector General of the National Security Agency (NSA). (Currently, the NSA Inspector General is appointed by the NSA Director.) Directs the Inspector General to include in an annual report to Congress a review of the mechanisms for NSA employees or contractors to submit complaints. Establishes a General Counsel to the NSA Inspector General, to be appointed by the Inspector General. Authorizes the Inspector General, after providing the Attorney General (DOJ) with seven days' advance notice, to subpoena the attendance and testimony of former NSA employees or NSA contractors, former contractors, or former detailees. Requires the Inspector General to provide Congress with an evaluation of any notice or statement of reasons the Inspector General receives from the Secretary of Defense (DOD) regarding the Secretary's exercise of authority in the interest of national security to prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation. Directs the Inspector General, in carrying out any audit or investigation of a surveillance or data collection program, to assess the impact of such program on civil rights and liberties. Requires the Inspector General's reports to Congress to be made available to all Members of Congress. Directs the Inspector General to audit and report to Congress regarding the effectiveness and use (including improper or illegal use) of NSA surveillance and data collection programs, including programs under the Foreign Intelligence Surveillance Act of 1978 (FISA) that authorize: (1) the Federal Bureau of Investigation (FBI) to submit applications to the FISA court for an order requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items); and (2) the Attorney General and the Director of National Intelligence (DNI), with the approval of the FISA court or under exigent circumstances, to authorize the targeting of persons located outside the United States. Requires such audit to address: (1) the interactions between the NSA and the FISA court, and (2) the process for conducting background investigations of persons for NSA employment or for receiving access to classified information."}
{"article": "SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Medicare Ambulance Access, Fraud Prevention, and Reform Act of 2014''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Reform to the Medicare ambulance fee schedule. Sec. 3. Prior authorization for ambulance transports of ESRD beneficiaries. Sec. 4. Requiring ambulance providers to submit cost and other information. SEC. 2. REFORM TO THE MEDICARE AMBULANCE FEE SCHEDULE. (a) In General.--Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended by adding the following new paragraphs: ``(16) Increase in conversion factor for ground ambulance services.--In the case of ground ambulance services furnished on or after April 1, 2015, for purposes of determining the fee schedule amount for such services under this subsection, the conversion factor otherwise applicable to such services shall be increased by-- ``(A) with respect to ground ambulance services for which the transportation originates in a qualified rural area, as identified using the methodology described in paragraph (12)(B)(iii), 25.6 percent; ``(B) with respect to ground ambulance services not described in subparagraph (A) and for which the transportation originates in a rural area described under paragraph (9) or in a rural census tract described in such paragraph, 3 percent; and ``(C) with respect to ground ambulance services not described in subparagraph (A) or (B), 2 percent. ``(17) Increase in mileage rate for ground ambulance services.--In the case of ground ambulance services furnished on or after April 1, 2015, for purposes of determining the fee schedule amount for such services under this subsection, the payment rate for mileage otherwise applicable to such services shall be increased by-- ``(A) with respect to ground ambulance services for which the transportation originates in a qualified rural area, as identified using the methodology described in paragraph (12)(B)(iii), 3 percent; ``(B) with respect to ground ambulance services for which the transportation originates in a rural area described under paragraph (9) or in a rural census tract described in such paragraph, 3 percent; and ``(C) with respect to ground ambulance services not described in subparagraph (A) or (B), 2 percent.''. (b) Study and Report.-- (1) Study.--The Secretary of Health and Human Services shall conduct a study on how the conversion factor applicable to ground ambulance services under the ambulance fee schedule under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as adjusted under paragraph (16) of such section (as added by subsection (a)), should be modified, if at all, to take into account the cost of providing services in urban, rural, and super-rural areas. In determining such costs, the Secretary shall use the data collected through the data collection system under paragraph (18) of such section, as added by section 4. (2) Report.--Not later than January 1, 2019, the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. SEC. 3. PRIOR AUTHORIZATION FOR AMBULANCE TRANSPORTS OF ESRD BENEFICIARIES. (a) In General.--Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as amended by section 2, is amended by adding at the end the following new paragraph: ``(18) Prior authorization of coverage for ambulance transports of esrd beneficiaries.-- ``(A) Process.-- ``(i) In general.--For applicable ESRD ambulance services furnished on or after January 1, 2016, by an ambulance provider, the Secretary shall establish and implement a process under which the Secretary shall determine, in advance of furnishing such a service to an individual, whether payment for such service may not be made because such service is not covered or because of the application of section 1862(a)(1). ``(ii) Denial of payment.--Subject to subparagraph (B)(ii)(II), no payment shall be made under this part for the service unless the Secretary determines pursuant to such process that the service meets the applicable requirements for coverage. ``(B) Elements of process.--The process described in subparagraph (A) shall include the following elements: ``(i) In order to obtain a prior authorization, the ambulance provider shall submit-- ``(I) a valid physician certification statement (PCS) for non- emergency ambulance transport; and ``(II) any other documentation determined appropriate by the Secretary. ``(ii)(I) The Secretary shall respond to a prior authorization request within 7 business days of receiving the request. ``(II) If the Secretary does not make a prior authorization determination within 7 business days of the date of the Secretary's receipt of medical documentation needed to make such determination, subparagraph (A)(ii) shall not apply. ``(iii) In making the determination under subparagraph (A) with respect to a service and individual, the Secretary shall evaluate the medical necessity of the service by determining-- ``(I) whether the individual is unable to get up from bed without assistance, unable to ambulate, and unable to sit in a chair or wheelchair; ``(II) whether the individual has a medical condition that, regardless of bed confinement, is such that transport by ambulance is medically necessary; or ``(III) whether the individual meets other criteria as determined appropriate by the Secretary. ``(iv) If the prior authorization request is approved, such request shall be retroactive to the date on which such request was received. ``(v) An approved prior authorization shall be valid for a 60-day period. The Secretary may provide for an extension of such period if the Secretary determines such an extension is appropriate. ``(vi) An approved prior authorization shall be deemed to constitute medical necessity but shall not eliminate the documentation requirements necessary to support a claim for the transport. ``(vii) Other elements determined appropriate by the Secretary. ``(C) Reliance upon contractors.--The Secretary may rely upon contractors to implement the requirements of this paragraph. The contractor's compensation shall be limited to a demonstration that it has reduced the number of non-emergency basic life support services involving individuals with end-stage renal disease for renal dialysis services (as described in section 1881(b)(14)(B)) furnished other than on an emergency basis. ``(D) Applicable esrd ambulance services.--In this paragraph, the term `applicable ESRD ambulance services' means ambulance services consisting of non- emergency basic life support services involving transport of an individual with end-stage renal disease for renal dialysis services (as described in section 1881(b)(14)(B)) furnished other than on an emergency basis. ``(E) Ambulance provider.--In this paragraph, the term `ambulance provider' means a provider of services (as defined in section 1861(u)) or other entity that furnishes ambulance services under this title. ``(F) Implementation.-- ``(i) In general.--Subject to clause (ii), the Secretary may carry out this paragraph through program instruction or otherwise. ``(ii) Sufficient notice to prepare.--Not later than June 30, 2015, the Secretary shall make the aspects of the process under this paragraph available to the public.''. (b) Conforming Amendments.--Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended-- (1) in paragraph (1), by striking ``a supplier or provider or under arrangement with a provider'' and inserting ``an ambulance provider (as defined in paragraph (18)(E)) or under arrangement with an ambulance provider''; (2) in paragraph (8), in the matter following subparagraph (B), by striking ``provider or supplier of ambulance services'' and inserting ``ambulance provider (as defined in paragraph (18)(E))''; (3) in paragraph (9), in the heading, by inserting ``ambulance'' after ``rural''; (4) in paragraph (12), in the heading, by inserting ``ambulance'' after ``rural''; and (5) in each of subparagraphs (B)(ii) and (D)(ii) of paragraph (14), by striking ``entity'' and inserting ``ambulance provider (as defined in paragraph (18)(E))''. SEC. 4. REQUIRING AMBULANCE PROVIDERS TO SUBMIT COST AND OTHER INFORMATION. Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as amended by section 3, is amended by adding at the end the following new paragraph: ``(19) Submission of cost and other information.-- ``(A) Development of data collection system.--The Secretary shall develop a data collection system (which may include use of a cost survey and standardized definitions) for providers and suppliers of ambulance services to collect cost, revenue, utilization, and other information determined appropriate by the Secretary. Such system shall be designed to submit information-- ``(i) needed to evaluate the appropriateness of payment rates under this subsection; ``(ii) on the utilization of capital equipment and ambulance capacity; and ``(iii) on different types of ambulance services furnished in different geographic locations, including rural areas and low population density areas described in paragraph (12). ``(B) Specification of data collection system.-- ``(i) In general.--Not later than July 1, 2015, the Secretary shall-- ``(I) specify the data collection system under subparagraph (A) and the time period during which such data is required to be submitted; and ``(II) identify the providers and suppliers of ambulance services who would be required to submit the information under such data collection system. ``(ii) Respondents.--Subject to subparagraph (D)(ii), the Secretary shall determine an appropriate sample of providers and suppliers of ambulance services to submit information under the data collection system for each period for which reporting of data is required. ``(C) Penalty for failure to report cost and other information.--Beginning on July 1, 2016, a 5-percent reduction to payments under this part shall be made for a 1-year prospective period specified by the Secretary to a provider or supplier of ambulance services who-- ``(i) is identified under subparagraph (B)(i)(II) as being required to submit the information under the data collection system; and ``(ii) does not submit such information during the period specified under subparagraph (B)(i)(I). ``(D) Ongoing data collection.-- ``(i) Revision of data collection system.-- The Secretary may, as determined appropriate, periodically revise the data collection system. ``(ii) Subsequent data collection.--In order to continue to evaluate the appropriateness of payment rates under this subsection, the Secretary shall, for years after 2016 (but not less often than once every 3 years), require providers and suppliers of ambulance services to submit information for a period the Secretary determines appropriate. The penalty described in subparagraph (C) shall apply to such subsequent data collection periods. ``(E) Consultation.--The Secretary shall consult with stakeholders in carrying out the development of the system and collection of information under this paragraph, including the activities described in subparagraphs (A) and (D). Such consultation shall include the use of requests for information and other mechanisms determined appropriate by the Secretary. ``(F) Administration.--Chapter 35 of title 44, United States Code, shall not apply to the collection of information required under this subsection. ``(G) Limitations on review.--There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the data collection system or identification of respondents under this paragraph. ``(H) Funding for implementation.--For purposes of carrying out subparagraph (A), the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $1,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for fiscal year 2015. Amounts transferred under this subparagraph shall remain available until expended.''.", "summary": "Medicare Ambulance Access, Fraud Prevention, and Reform Act of 2014 - Amends part B (Supplementary Medical Insurance Benefits) of title XVIII (Medicare) of the Social Security Act with respect to the ambulance fee schedule to: (1) increase the conversion factor for ground ambulance services in the formula for determining the appropriate fee, and (2) increase the mileage rate for such services. Directs the Secretary of Health and Human Services (HHS) to study how the conversion factor should be modified, if at all, to take into account the cost of providing ambulance services in urban, rural, and super-rural areas. Directs the Secretary to establish a process to determine, in advance of furnishing end stage renal disease (ESRD) ambulance services, whether payment for them may not be made because they are not covered or because they are excluded from coverage. Prohibits any payment unless the Secretary determines, pursuant to this process, that the service meets coverage requirements. Directs the Secretary to develop a data collection system for providers and suppliers of ambulance services to collect cost, revenue, utilization, and other appropriate information."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Displaced Older Worker Assistance Act of 2001''. SEC. 2. EXCLUSION FROM INCOME OF SEVERANCE PAYMENT AMOUNTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 139A and by inserting after section 138 the following new section: ``SEC. 139. SEVERANCE PAYMENTS. ``(a) In General.--In the case of an individual, gross income shall not include any qualified severance payment. ``(b) Limitations.-- ``(1) Amount.--The amount to which the exclusion under subsection (a) applies shall not exceed-- ``(A) $15,000, with respect to any separation from employment, reduced by ``(B) the aggregate amount excluded from gross income under subsection (a) in prior taxable years. ``(2) Years to which exclusion applies.--No qualified severance payment shall be excluded from gross income under subsection (a) unless such payment is received in the taxable year in which separation from employment occurs or in one of the two succeeding taxable years. ``(c) Qualified Severance Payment.--For purposes of this section, the term `qualified severance payment' means any payment received by an individual if-- ``(1) such payment was paid by such individual's employer on account of such individual's separation from employment, and ``(2) such individual received a written notice from such employer indicating that such payment is a severance payment.'' (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 139 and inserting the following new items: ``Sec. 139. Severance payments. ``Sec. 139A. Cross references to other Acts.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. REFUNDABLE CREDIT FOR RETRAINING EXPENSES FOR CERTAIN OLDER LONG-TIME EMPLOYEES WHO ARE LAID OFF. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. RETRAINING EXPENSES FOR CERTAIN OLDER LONG-TIME EMPLOYEES WHO ARE LAID OFF. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the qualified job training expenses which are paid or incurred during the taxable year. ``(b) Maximum Credit.--The amount of qualified job training expenses of an individual which may be taken into account under subsection (a) with respect to a reduction in a work force for the taxable year shall not exceed $2,000, reduced by the amount of such expenses which were taken into account under subsection (a) (or would have been so taken into account but for subsection (c)) with respect to such reduction for all prior taxable years. ``(c) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The dollar amount contained in subsection (b) shall be reduced (but not below zero) by an amount which bears the same ratio to such limitation as-- ``(A) the excess of-- ``(i) the taxpayer's adjusted gross income for such taxable year, over ``(ii) the applicable dollar amount, bears to ``(B) $20,000. ``(2) Rounding.--Any amount determined under paragraph (1) which is not a multiple of $10 shall be rounded to the next lowest $10. ``(3) Applicable dollar amount.--For purposes of this subsection, the term `applicable dollar amount' means-- ``(A) in the case of a taxpayer filing a joint return, $100,000, ``(B) in the case of any other taxpayer (other than a married individual filing a separate return), $75,000, and ``(C) in the case of a married individual filing a separate return, $50,000. A rule similar to the rule of section 219(g)(4) shall apply for purposes of this paragraph. ``(d) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means any individual if-- ``(A) during the taxable year or the preceding taxable year, such individual separated from employment in connection with a reduction in the work force of such individual's employer (other than a seasonal reduction), and ``(B) as of the date of such separation, such individual had attained age 50. ``(2) Qualified job training expenses.-- ``(A) In general.--The term `qualified job training expenses' means-- ``(i) tuition and fees required for the enrollment or attendance of the eligible individual-- ``(I) at an eligible educational institution, or ``(II) in an applicable training program, ``(ii) fees, books, supplies, and equipment required for an eligible individual for-- ``(I) courses of instruction at an eligible educational institution, or ``(II) an applicable training program, and ``(iii) a reasonable allowance for meals and lodging while attending an eligible educational institution or an applicable training program. ``(B) Eligible educational institution.--The term `eligible educational institution' means-- ``(i) an institution of higher education (as defined in section 101 or 102 of the Higher Education Act of 1965), or ``(ii) an area vocational technical education school (as defined in subparagraph (C) or (D) of section 3(3) of the Carl D. Perkins Vocational and Technical Education Act of 1998) to the extent such school is located within any State (as defined in section 3 of such Act). ``(C) Applicable training program.--The term `applicable training program' means-- ``(i) any program under the Carl D. Perkins Vocational and Technical Education Act of 1998, chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, or the Wagner-Peyser Act, and ``(ii) any training program approved under section 236 of the Trade Act of 1974.'' (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``from section 35 of such Code, or'' after ``1978,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 35. Retraining expenses for certain older long-time employees who are laid off. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. STUDY ON SPECIAL NEEDS OF DISPLACED OLDER WORKERS. (a) In General.--The Comptroller General of the United States, in collaboration with the Secretary of Labor and the head of any other Federal agency offering a job training or retraining program, shall conduct a study on the special needs of displaced older workers. The study shall-- (1) examine the unique differences in needs and challenges that older workers face when finding a new job after a layoff or work separation in comparison to younger workers facing such challenges; (2) include an assessment of whether existing Federal job training or retraining programs adequately serve and meet the special needs and challenges of older workers; (3) include an assessment of whether older workers are disproportionately impacted by job losses attributable to international trade; and (4) include an assessment of the financial incentives for typical private firms to invest in worker training for older workers in comparison to such incentives for younger workers. (b) Submission of Reports to Congress.-- (1) Final report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to the Congress a report on the study required by subsection (a). The report shall include such legislative and administrative recommendations as the Comptroller General determines are necessary or appropriate to improve the effectiveness of existing Federal programs in serving the needs of displaced older workers. (2) Interim report.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Congress an interim report with respect to the study required by this section. (c) Older Worker Defined.--For purposes of this section, the term ``older worker'' means an individual who is in or desires to be in the workforce and who has attained age 50.", "summary": "Displaced Older Worker Assistance Act of 2001-Amends the Internal Revenue Code to: (1) exclude certain severance payments from income; and (2) allow as a credit qualified job retraining expenses for certain older long-time employees who are laid off.Directs the Comptroller General of the United States to study the special needs of displaced older workers."}
{"article": "SECTION 1. FINDINGS. The Congress makes the following findings: (1) Poland is one of the closest allies of the United States in Europe and worldwide; the diplomatic, political, military, and economic relationships between the two countries have never been better in history, but personal contacts among ordinary individuals are lagging behind. Over the medium and long terms, this will start to affect the overall quality of the strategic partnership between the United States and Poland. (2) Poland has actively participated in the global campaign against terrorism led by the United States. There is an indication that the threat of potential terrorist activities generated in Poland is actually smaller than that in most of the 27 countries currently participating in the visa waiver program established under section 217 of the Immigration and Nationality Act. Polish citizens have not been involved in any form of terrorist activities on the territory of the United States or against the interests of the United States overseas. (3) Since joining the North Atlantic Treaty Organization on March 12, 1999, Poland has proven to be a reliable partner and a capable guarantor of NATO security in Kosovo and Afghanistan. (4) From the first days of Operation Iraqi Freedom, Poland has been a staunch ally to the United States and has committed its soldiers to help with ongoing stabilization efforts in Iraq. (5) In recognition of the historic changes in our bilateral relations and motivated by the sincere need to enhance contacts between Polish and United States citizens, on April 15, 1991, Poland unilaterally repealed its visa obligation for United States citizens seeking to travel to Poland for a period of 90 days or less. (6) The Polish-American community of 9.3 million people contributed significantly to the development of the United States. (7) Since the movement known as ``Solidarity'' and the turning point of 1989, Poland has undergone great political, social, and economic changes. It has become a nation committed to traditional values, rules of law, freedom, and democracy. (8) On May 1, 2004, Poland became a member state of the vibrant European Union. Poland is a free market economy, and Poland's integration within the European structures has had a stabilizing effect on its economy. (9) More than 150,000 Polish citizens visited the United States in 2003. (10) Poland's visa refusal rate has declined dramatically, and it continues to decline. Nevertheless, the visa refusal rate is an arbitrary standard that is not an objective measurement because it does not reflect the propensity of nationals from Poland to violate the terms of their admission into the United States. (11) Poland participates in the work and travel program that allows about 25,000 Polish students to visit the United States each year. (12) Warsaw International Airport Okecie participates in the pilot program of voluntary passenger screening for passengers leaving Warsaw to fly to the United States. (13) If Poland is allowed to conditionally participate in the visa waiver program, the Polish government will develop and implement a campaign to prevent Polish citizens from remaining in the United States beyond their authorized period of admission or otherwise violating the terms of their admission into the United States. (14) The Polish government is committed to becoming a successful part of the visa waiver program. (15) Poland is ready to demonstrate that adequate safeguards against fraudulent use of its passports are in place, including proper storage of blank passports and sufficient screening of passport applicants. (16) Poland is determined to fulfill its obligations and introduce extremely safe passports for its citizens, including two mandatory biometric identifiers. This is in addition to satisfaction of the machine-readable requirements for passports described in the Immigration and Nationality Act. (17) On February 23, 2004, and May 11, 2004, the assemblies of New Jersey and Massachusetts, respectively, enacted resolutions urging the President and the Congress to make Poland eligible for the visa waiver program. SEC. 2. TEMPORARY AND CONDITIONAL DESIGNATIONS OF POLAND FOR VISA WAIVER PROGRAM. (a) Temporary Designation.-- (1) In general.--Effective on the date of the enactment of this Act, and notwithstanding section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)), Poland temporarily shall be designated a program country for purposes of the visa waiver program established under section 217 of such Act. (2) Expiration.--The temporary designation described in paragraph (1) shall expire on the date that is 18 months after the date of the enactment of this Act. (b) Review.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall determine the overstay rate for the portion of the period of temporary designation described in subsection (a) that has elapsed when the determination is made. Based on such calculation, the Secretary shall determine whether Poland permanently, but conditionally, shall be designated a program country for purposes of such visa waiver program. (c) Duration, Suspension, and Termination of Conditional Designation.-- (1) In general.--Notwithstanding any other provision of law, if the Secretary determines under subsection (b) that Poland permanently, but conditionally, shall be designated a program country, Poland shall continue to be a program country for purposes of the visa waiver program as long as the annual overstay rate for each fiscal year remains below 3 percent. (2) Suspension.--If the overstay rate for a fiscal year exceeds 3 percent, the Secretary of Homeland Security shall suspend the designation of Poland as a program country for purposes of the visa waiver program for a period of 1 year. (3) Termination.--If the annual overstay rate exceeds 3 percent for any two fiscal years (regardless of whether such years are consecutive), the Secretary of Homeland Security shall terminate the designation of Poland as a program country for purposes of the visa waiver program. (4) Redesignation.--The Secretary of Homeland Security may redesignate Poland as a program country without regard to any other law when the Secretary determines that Poland has established satisfactory new safeguards to ensure that the overstay rate will remain acceptably low. (d) Definition.--For purposes of this section, the term ``overstay rate'' means the percentage which-- (1) the total number of nationals of Poland who were admitted as nonimmigrant visitors during the applicable measurement period and who violated the terms of such admission; bears to (2) the total number of nationals of such country who applied for admission as nonimmigrant visitors during such period.", "summary": "Temporarily designates Poland as a program country for purposes of the Immigration and Nationality Act's visa waiver program (VWP), notwithstanding designation requirements of current law. Requires the Secretary of Homeland Security to determine the nonimmigrant visa overstay rate for Polish nationals for the elapsed period of temporary designation and, based on such calculation, to determine whether Poland shall be designated permanently but conditionally for VWP purposes. States that, if permanently but conditionally designated, Poland shall remain a VWP country as long as the annual overstay rate remains below three percent. Requires the Secretary to: (1) suspend VWP designation for one year if the overstay rate exceeds three percent; and (2) terminate VWP designation if the overstay rate exceeds three percent for any two fiscal years, with the possibility of redesignation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Film Disclosure Act of 1993''. SEC. 2. AMENDMENT TO THE LANHAM ACT. Section 43 of the Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946, commonly known as the Lanham Act (15 U.S.C. 1125), is amended by adding at the end the following: ``(c)(1)(A) Any distributor or network that proposes to exploit a materially altered motion picture shall-- ``(i) make a good faith effort to notify each artistic author of the motion picture in writing and by registered mail and in a reasonable amount of time prior to such exploitation; ``(ii) determine the objections of any artistic author so notified to any material alteration of the motion picture; ``(iii) determine the objection of any artistic author so notified by the questionnaire set forth in paragraph (9) to any type of future material alterations which are in addition to those specifically proposed for the motion picture to be exploited; ``(iv) if any objections under clause (ii) or (iii) are determined, include the applicable label under paragraph (6) or (8) in, or affix such label to, all copies of the motion picture before-- ``(I) the public performance of the materially altered motion picture if it is already in distribution, or ``(II) the initial distribution of the materially altered motion picture to any exhibitor or retail provider; and ``(v) in the event of objections by an artistic author to any future material alterations, include or affix such objections to any copy of the motion picture distributed or transmitted to any exhibitor or retail provider. ``(B) Whenever a distributor or network exploits a motion picture which has already been materially altered, such distributor or network shall not be required to satisfy the requirements of subparagraph (A) (i), (ii), and (iii), if-- ``(i) such distributor or network does not further materially alter such motion picture; and ``(ii) such motion picture was materially altered by another distributor or network that complied fully with all of the requirements of subparagraph (A). ``(C)(i) The requirement of a good faith effort under subparagraph (A)(i) is satisfied if a distributor or network that has not previously been notified by each artistic author of a motion picture-- ``(I) requests in writing the name and address of each artistic author of the motion picture from the appropriate professional guild, indicating a response date of not earlier than 30 days after the date of the request, by which the appropriate professional guild must respond; and ``(II) upon receipt of such information from the appropriate professional guild within the time specified in the request, notifies each artistic author of the motion picture in a reasonable amount of time before the exploitation of the motion picture by such network or distributor. ``(ii) The notice to each artistic author under this paragraph shall contain a specific date, not earlier than 30 days after the date of such notice, by which the individual so notified shall respond in accordance with subparagraph (A)(ii). Failure of the artistic author or the appropriate professional guild to respond within the time period specified in the notice shall relieve the distributor or network of all liability under subparagraph (A). ``(D) The requirements of this paragraph for an exhibitor shall be limited to-- ``(i) broadcasting, cablecasting, exhibiting, or distributing all labels required under this section in their entirety that are included with or distributed by the network or distributor of the motion picture; and ``(ii) including or affixing a label described in paragraphs (6) and (8) on a materially altered motion picture for any material alterations performed by the exhibitor to which any artistic author has objected under subparagraph (A)(iii). ``(E)(i) The provisions of this paragraph shall apply with respect to motion pictures intended for home use through either retail purchase or rental, except that no requirement imposed under this paragraph shall apply to a motion picture which has been packaged for distribution to retail providers before the effective date of this subsection. ``(ii) The obligations under this paragraph of a retail provider of motion pictures intended for home use shall be limited to including or distributing all labels required under this paragraph in their entirety that are affixed or included by a distributor or network. ``(F) There shall be no consideration in excess of one dollar given in exchange for an artistic author's waiver of any objection or waiver of the right to object under this subsection. ``(2)(A) Any artistic author of a motion picture that is exploited within the United States who believes he or she is or is likely to be damaged by a violation of this subsection may bring a civil action for appropriate relief, as provided in this paragraph, on account of such violation, without regard to the nationality or domicile of the artistic author. ``(B)(i) In any action under subparagraph (A), the court shall have power to grant injunctions, according to the principles of equity and upon such terms as the court deems reasonable, to prevent the violation of this subsection. Any such injunction may include a provision directing the defendant to file with the court and serve on the plaintiff, within 30 days after the service on the defendant of such injunction, or such extended period as the court may direct, a report in writing under oath setting forth in detail the manner and form in which the defendant has complied with the injunction. Any such injunction granted upon hearing, after notice to the defendant, by any district court of the United States-- ``(I) may be served on the parties against whom such injunction is granted anywhere in the United States where they may be found; and ``(II) shall be operative and may be enforced by proceedings to punish for contempt, or otherwise, by the court by which such injunction was granted, or by any other United States district court in whose jurisdiction the defendant may be found. ``(ii) When a violation of any right of an artistic author is established in any civil action arising under this subsection, the plaintiff shall be entitled to the remedies provided under section 35(a). ``(iii) In any action under subparagraph (A), the court may order that all film packaging of a materially altered motion picture (including film packages of motion pictures intended for home use through either retail purchase or rental) that is the subject of the violation shall be delivered up and destroyed. ``(C) No action shall be maintained under this paragraph unless it is commenced within 1 year after the right of action accrues. ``(3) Any disclosure requirements imposed under the common law or statutes of any State respecting the material alteration of motion pictures are preempted by this subsection. ``(4) To facilitate the location of a potentially aggrieved party, each artistic author of a motion picture may notify the copyright owner of the motion picture or any appropriate professional guild. The professional guilds may each maintain a Professional Guild Registry including the names and addresses of artistic authors so notifying them and may make available information contained in a Professional Guild Registry in order to facilitate the location of any artistic author for purposes of paragraph (1)(A). No cause of action shall accrue against any professional guild for failure to create or maintain a Professional Guild Registry or for any failure to provide information pursuant to paragraph (1)(A)(i). ``(5) As used in this subsection-- ``(A) the term `artistic author' means the principal director and principal screenwriter of a motion picture and, to the extent a motion picture is colorized or its photographic images materially altered, the principal cinematographer of the motion picture; ``(B) the term `colorize' means to add color, by whatever means, to a motion picture originally made in black and white, and the term `colorization' means the act of colorizing;. ``(C) the term `distributor'-- ``(i) means any person, vendor, or syndicator who engages in the wholesale distribution of motion pictures to any exhibitor, network, retail provider, or other person who publicly performs motion pictures by means of any technology, and ``(ii) does not include laboratories or other providers of technical services to the motion picture, video, or television industry; ``(D) the term `editing' means the purposeful or accidental removal of existing material or insertion of new material; ``(E) the term `exhibitor' means any local broadcast station, cable system, airline, motion picture theater, or other person that publicly performs a motion picture by means of any technology; ``(F) the term `exploit' means to exhibit publicly or offer to the public through sale or lease, and the term `exploitation' means the act of exploiting; ``(G) the term `film' or `motion picture' means-- ``(i) a theatrical motion picture, after its publication, of 60 minutes duration or greater, intended for exhibition, public performance, public sale or lease, and ``(ii) does not include episodic television programs of less than 60 minutes duration (exclusive of commercials), motion pictures prepared for private commercial or industrial purposes, or advertisements; ``(H) the term `lexiconning' means altering the sound track of a motion picture to conform the speed of the vocal or musical portion of the motion picture to the visual images of the motion picture, in a case in which the motion picture has been the subject of time compression or expansion; ``(I) the terms `materially alter' and `material alteration'-- ``(i) refer to any change made to a motion picture; ``(ii) include, but are not limited to, the processes of colorization, lexiconning, time compression or expansion, panning and scanning, and editing; and ``(iii) do not include insertions for commercial breaks or public service announcements, editing to comply with the requirements of the Federal Communications Commission (in this subparagraph referred to as the `FCC'), transfer of film to videotape or any other secondary media preparation of a motion picture for foreign distribution to the extent that subtitling and editing are limited to those alterations made under foreign standards which are no more stringent than existing FCC standards, or activities the purpose of which is the restoration of the motion picture to its original version; ``(J) the term `network' means any person who distributes motion pictures to broadcasting stations or cable systems on a regional or national basis for public performance on an interconnected basis; ``(K) the term `panning and scanning' means the process by which a motion picture, composed for viewing on theater screens, is adapted for viewing on television screens by modification of the ratio of width to height of the motion picture and the selection, by a person other than the principal director of the motion picture, of some portion of the entire picture for viewing; ``(L) the term `professional guild' means-- ``(i) in the case of directors, the Directors Guild of America (DGA); ``(ii) in the case of screenwriters, the Writers Guild of America-West (WGA-W) and the Writers Guild of America-East (WGA-E); and ``(iii) in the case of cinematographers, the International Photographers Guild (IPG), and the American Society of Cinematographers (ASC); ``(M) the term `Professional Guild Registry' means a list of names and addresses of artistic authors that is readily available from the files of a professional guild; ``(N) the term `publication' means, with respect to a motion picture, the first paid public exhibition of the work other than previews, trial runs, and festivals; ``(O) the term `retail provider' means the proprietor of a retail outlet that sells or leases motion pictures for home use; ``(P) the term `secondary media' means any medium, including, but not limited to, video cassette or video disc, other than television broadcast or theatrical release, for use on which motion pictures are sold, leased, or distributed to the public; ``(Q) the term `syndicator' means any person who distributes a motion picture to a broadcast television station, cable television system, or any other means of distribution by which programming is delivered to television viewers; ``(R) the terms `time compression' and `time expansion' mean the alteration of the speed of a motion picture or a portion thereof with the result of shortening or lengthening the running time of the motion picture; and ``(S) the term `vendor' means the wholesaler or packager of a motion picture which is intended for wholesale distribution to retail providers. ``(6)(A) A label for a materially altered version of a motion picture intended for public performance or home use shall consist of a panel card immediately preceding the commencement of the motion picture, which bears one or more of the following statements, as appropriate, in legible type and displayed on a conspicuous and readable basis: `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED. ______ mins. and ______ secs. have been cut [or, if appropriate, added]. The director, __________________ ____________________, and screenwriter, __________ __________, object because this alteration changes the narrative and/or characterization. It has (also) been panned and scanned. The director and cinematographer, __________ __________, object because this alteration removes visual information and changes the composition of the images. It has (also) been colorized. Colors have been added by computer to the original black and white images. The director and cinematographer object to this alteration because it eliminates the black and white photography and changes the photographic images of the actors. It has (also) been electronically speeded up (or slowed down). The director objects because this alteration changes the pace of the performances.' ``(B) A label for a motion picture that has been materially altered in a manner not described by any of the label elements set forth in subparagraph (A) shall contain a statement similar in form and substance to those set forth in subparagraph (A) which accurately describes the material alteration and the objection of the artistic author. ``(7) A label for a motion picture which has been materially altered in more than one manner, or of which an individual served as more than one artistic author, need only state the name of the artistic author once, in the first objection of the artistic author so listed. In addition, a label for a motion picture which has been materially altered in more than one manner need only state once, at the beginning of the label: `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED.'. ``(8) A label for a film package of a materially altered motion picture shall consist of-- ``(A) an area of a rectangle on the front of the package which bears, as appropriate, one or more of the statements listed in paragraph (6) in a conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package; and ``(B) an area of a rectangle on the side of the package which bears, as appropriate, one or more of the statements listed in paragraph (6) in a conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package. ``(9) The questionnaire required under paragraph (1)(A)(iii) shall consist of the following statement and related questions: `In order to conform [insert name of motion picture], of which you are an ``artistic author'', to ancillary media such as television, airline exhibition, video cassettes, video discs, or any other media, do you object to: `(a) Editing (purposeful or accidental deletion or addition of program material)? Yes____________ No______________ `(b) Time compression/time expansion/lexiconning? Yes____________ No______________ `(c) Panning and scanning? Yes____________ No______________ `(d) Colorization, if the motion picture was originally made in black and white? Yes____________ No______________'.'' SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. HR 1731 IH----2", "summary": "Film Disclosure Act of 1993 - Amends the Lanham Act to require that any distributor or network that proposes to exploit a materially altered motion picture bear a label which conspicuously discloses the fact of: (1) the film's material alteration from the form in which it was first released to the public; (2) the nature of such alteration; and (3) any objections raised by the artistic authors with reference to such alteration. Delineates the compliance procedure for distributors or networks that propose to exploit a materially altered film. Grants an artistic author the right to seek injunctive relief in U.S. district courts to prevent violation of his or her rights under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Safety Net Act of 2008''. SEC. 2. COMMUNITY HEALTH CENTERS PROGRAM OF THE PUBLIC HEALTH SERVICE ACT. (a) Additional Authorizations of Appropriations for the Health Centers Program of Public Health Service Act.--Section 330(r) of the Public Health Service Act (42 U.S.C. 254b(r)) is amended by amending paragraph (1) to read as follows: ``(1) In general.--For the purpose of carrying out this section, in addition to the amounts authorized to be appropriated under subsection (d), there are authorized to be appropriated-- ``(A) $2,065,000,000 for fiscal year 2008; ``(B) $2,313,000,000 for fiscal year 2009; ``(C) $2,602,000,000 for fiscal year 2010; ``(D) $2,940,000,000 for fiscal year 2011; and ``(E) $3,337,000,000 for fiscal year 2012.''. (b) Studies Relating to Community Health Centers.-- (1) Definitions.--For purposes of this subsection-- (A) the term ``community health center'' means a health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b); and (B) the term ``medically underserved population'' has the meaning given that term in such section 330. (2) School-based health center study.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall issue a study of the economic costs and benefits of school-based health centers and the impact on the health of students of these centers. (B) Content.--In conducting the study under subparagraph (A), the Comptroller General of the United States shall analyze-- (i) the impact that Federal funding could have on the operation of school-based health centers; (ii) any cost savings to other Federal programs derived from providing health services in school-based health centers; (iii) the effect on the Federal Budget and the health of students of providing Federal funds to school-based health centers and clinics, including the result of providing disease prevention and nutrition information; (iv) the impact of access to health care from school-based health centers in rural or underserved areas; and (v) other sources of Federal funding for school-based health centers. (3) Health care quality study.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Administrator of the Health Resources and Services Administration, and in collaboration with the Agency for Healthcare Research and Quality, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes agency efforts to expand and accelerate quality improvement activities in community health centers. (B) Content.--The report under subparagraph (A) shall focus on-- (i) Federal efforts, as of the date of enactment of this Act, regarding health care quality in community health centers, including quality data collection, analysis, and reporting requirements; (ii) identification of effective models for quality improvement in community health centers, which may include models that-- (I) incorporate care coordination, disease management, and other services demonstrated to improve care; (II) are designed to address multiple, co-occurring diseases and conditions; (III) improve access to providers through non-traditional means, such as the use of remote monitoring equipment; (IV) target various medically underserved populations, including uninsured patient populations; (V) increase access to specialty care, including referrals and diagnostic testing; and (VI) enhance the use of electronic health records to improve quality; (iii) efforts to determine how effective quality improvement models may be adapted for implementation by community health centers that vary by size, budget, staffing, services offered, populations served, and other characteristics determined appropriate by the Secretary; (iv) types of technical assistance and resources provided to community health centers that may facilitate the implementation of quality improvement interventions; (v) proposed or adopted methodologies for community health center evaluations of quality improvement interventions, including any development of new measures that are tailored to safety-net, community-based providers; (vi) successful strategies for sustaining quality improvement interventions in the long- term; and (vii) partnerships with other Federal agencies and private organizations or networks as appropriate, to enhance health care quality in community health centers. (C) Dissemination.--The Administrator of the Health Resources and Services Administration shall establish a formal mechanism or mechanisms for the ongoing dissemination of agency initiatives, best practices, and other information that may assist health care quality improvement efforts in community health centers. (4) GAO study on integrated health systems model for the delivery of health care services to medically underserved populations.-- (A) Study.--The Comptroller General of the United States shall conduct a study on integrated health system models at not more than 10 sites for the delivery of health care services to medically underserved populations. The study shall include an examination of-- (i) health care delivery models sponsored by public or private non-profit entities that-- (I) integrate primary, specialty, and acute care; and (II) serve medically underserved populations; and (ii) such models in rural and urban areas. (B) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under subparagraph (A). The report shall include-- (i) an evaluation of the models, as described in subparagraph (A), in-- (I) expanding access to primary and preventive services for medically underserved populations; and (II) improving care coordination and health outcomes; and (ii) an assessment of-- (I) challenges encountered by such entities in providing care to medically underserved populations; and (II) advantages and disadvantages of such models compared to other models of care delivery for medically underserved populations. SEC. 3. NATIONAL HEALTH SERVICE CORPS. (a) Funding.-- (1) National health service corps program.--Section 338(a) of the Public Health Service Act (42 U.S.C. 254k(a)) is amended by striking ``2002 through 2006'' and inserting ``2008 through 2012''. (2) Scholarship and loan repayment programs.--Section 338H(a) of the Public Health Service Act (42 U.S.C. 254q(a)) is amended by striking ``appropriated $146,250,000'' and all that follows through the period and inserting the following: ``appropriated-- ``(1) for fiscal year 2008, $131,500,000; ``(2) for fiscal year 2009, $143,335,000; ``(3) for fiscal year 2010, $156,235,150; ``(4) for fiscal year 2011, $170,296,310; and ``(5) for fiscal year 2012, $185,622,980.''. (b) Elimination of 6-Year Demonstration Requirement.--Section 332(a)(1) of the Public Health Service Act (42 U.S.C. 254e(a)(1)) is amended by striking ``Not earlier than 6 years'' and all that follows through ``purposes of this section.''. (c) Assignment to Shortage Area.--Section 333(a)(1)(D)(ii) of the Public Health Service Act (42 U.S.C. 254f(a)(1)(D)(ii)) is amended-- (1) in subclause (IV), by striking ``and''; (2) in subclause (V), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(VI) the entity demonstrates willingness to support or facilitate mentorship, professional development, and training opportunities for Corps members.''. (d) Professional Development and Training.--Subsection (d) of section 336 of the Public Health Service Act (42 U.S.C. 254h-1) is amended to read as follows: ``(d) Professional Development and Training.-- ``(1) In general.--The Secretary shall assist Corps members in establishing and maintaining professional relationships and development opportunities, including by-- ``(A) establishing appropriate professional relationships between the Corps member involved and the health professions community of the geographic area with respect to which the member is assigned; ``(B) establishing professional development, training, and mentorship linkages between the Corps member involved and the larger health professions community, including through distance learning, direct mentorship, and development and implementation of training modules designed to meet the educational needs of offsite Corps members; ``(C) establishing professional networks among Corps members; or ``(D) engaging in other professional development, mentorship, and training activities for Corps members, at the discretion of the Secretary. ``(2) Assistance in establishing professional relationships.--In providing such assistance under paragraph (1), the Secretary shall focus on establishing relationships with hospitals, with academic medical centers and health professions schools, with area health education centers under section 751, with health education and training centers under section 752, and with border health education and training centers under such section 752. Such assistance shall include assistance in obtaining faculty appointments at health professions schools. ``(3) Supplement not supplant.--Such efforts under this subsection shall supplement, not supplant, non-government efforts by professional health provider societies to establish and maintain professional relationships and development opportunities.''. SEC. 4. REAUTHORIZATION OF RURAL HEALTH CARE PROGRAMS. Section 330A(j) of the Public Health Service Act (42 U.S.C. 254c(j)) is amended by striking ``$40,000,000'' and all that follows and inserting ``$45,000,000 for each of fiscal years 2008 through 2012.''. Passed the Senate July 21 (legislative day, July 17), 2008. Attest: Secretary. 110th CONGRESS 2d Session S. 901 _______________________________________________________________________ AN ACT To amend the Public Health Service Act to reauthorize the Community Health Centers program, the National Health Service Corps, and rural health care programs.", "summary": "Health Care Safety Net Act of 2008 - (Sec. 2) Amends the Public Health Service Act to reauthorize appropriations for FY2008-FY2012 for health centers to meet the health care needs of medically underserved populations. Requires the Comptroller General to study the economic costs and benefits of school-based health centers and their impact on the health of students, including an analysis of: (1) the impact that federal funding could have on the operation of such centers; (2) any cost savings to other federal programs derived from providing health services in such centers; and (3) the impact of such centers in rural or underserved areas. Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to submit a report to the relevant congressional committees that describes efforts to expand and accelerate quality improvement activities in community health centers. Requires the Administrator to establish a mechanism for the dissemination of initiatives, best practices, and other information that may assist health care quality improvement efforts in community health centers. Directs the Comptroller General to study integrated health system models for the delivery of health care services to medically underserved populations. (Sec. 3) Reauthorizes appropriations for FY2008-FY2012 for: (1) the National Health Service Corps program; and (2) the National Health Service Corps Scholarship Program and National Health Service Corps Loan Repayment Program. Repeals provisions requiring each center or clinic designated as having a health manpower shortage to demonstrate every six years that it meets the applicable requirements of the definition of a health professional shortage area. Revises requirements for assigning members of the Corps to a health professional shortage area to require that the Secretary determine that an entity demonstrates willingness to support or facilitate mentorship, professional development, and training opportunities for Corps members. Requires the Secretary to assist Corps members in establishing and maintaining professional relationships and developmental opportunities. (Sec. 4) Reauthorizes appropriations for FY2008-FY2012 for grants for expanded delivery of health care services in rural areas, for the planning and implementation of integrated health care networks in rural areas, and for the planning and implementation of small health care provider quality improvement activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen And Fortify Existing Bridges Act of 2013'' or the ``SAFE Bridges Act of 2013''. SEC. 2. ASSISTANCE TO STATES TO REHABILITATE OR REPLACE CERTAIN BRIDGES. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation shall establish a program to assist States to rehabilitate or replace eligible bridges. (b) Apportionment of Funds.-- (1) In general.--Amounts made available to carry out the program established under subsection (a) for a fiscal year shall be apportioned to each State according to the ratio that-- (A) the total cost to rehabilitate or replace structurally deficient and functionally obsolete bridges in that State; bears to (B) the total cost to rehabilitate or replace structurally deficient and functionally obsolete bridges in all States. (2) Calculation of total cost.-- (A) Categories of bridges.--The Secretary shall place each structurally deficient or functionally obsolete bridge into one of the following categories: (i) Federal-aid highway bridges eligible for rehabilitation. (ii) Federal-aid highway bridges eligible for replacement. (iii) Bridges not on Federal-aid highways eligible for rehabilitation. (iv) Bridges not on Federal-aid highways eligible for replacement. (B) Calculation.--For purposes of the calculation required under paragraph (1), the Secretary shall multiply the deck area of structurally deficient and functionally obsolete bridges in each category described in subparagraph (A) by the respective unit price on a State-by-State basis, as determined by the Secretary, to determine the total cost to rehabilitate or replace bridges in each State. (C) Data used in making determinations.--The Secretary shall make determinations under this subsection based on the latest available data, which shall be updated not less than annually. (D) Use of existing inventories.--To the extent practicable, the Secretary shall make determinations under this subsection using inventories prepared under section 144 of title 23, United States Code. (c) Use of Funds.--Funds apportioned to a State under the program established under subsection (a) shall-- (1) be used by that State for the rehabilitation and replacement of eligible bridges; (2) except as otherwise specified in this section, be administered as if apportioned under chapter 1 of title 23, United States Code, except that such funds shall not be transferable; (3) be subject to the requirements described in section 1101(b) of MAP-21 in the same manner as amounts made available for programs under divisions A and B of that Act; and (4) not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act. (d) Condition at Project Completion.--A bridge that is rehabilitated or replaced under the program established under subsection (a) may not be structurally deficient, functionally obsolete, or fracture critical upon the completion of such rehabilitation or replacement. (e) Federal Share.--The Federal share of the cost of a project carried out with funds apportioned to a State under the program established under subsection (a) shall be 100 percent. (f) Reapportionment of Unobligated Funds.--Any funds apportioned to a State under the program established under subsection (a) and not obligated by that State at the end of the third fiscal year beginning after the fiscal year during which the funds were apportioned shall be withdrawn from that State and reapportioned by the Secretary to States that have not had funds withdrawn under this subsection in accordance with the formula specified in subsection (b). (g) Nonsubstitution.--In carrying out the program established under subsection (a), the Secretary shall ensure that funding made available to a State under the program supplements, and does not supplant-- (1) other Federal funding made available for the rehabilitation or replacement of eligible bridges; and (2) the planned obligations of that State with respect to eligible bridges. (h) Report.--Not later than 1 year after the date of enactment of this Act, and each year thereafter if States obligated funds apportioned under the program established under subsection (a) during that year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the amounts obligated by each State for projects under such program. (i) Definitions.--In this section, the following definitions apply: (1) Bridge.--The term ``bridge'' means a bridge on a public road, without regard to whether the bridge is on a Federal-aid highway. (2) Eligible bridge.--The term ``eligible bridge'' means a bridge that is structurally deficient, functionally obsolete, or fracture critical. (3) Federal-aid highway.--The term ``Federal-aid highway'' has the meaning given that term in section 101(a) of title 23, United States Code. (4) Fracture critical.--The term ``fracture critical'' means, with respect to a bridge, a bridge with a steel member in tension, or with a tension element, the failure of which would likely cause a portion of the bridge or the entire bridge to collapse. (5) Functionally obsolete.--The term ``functionally obsolete'' means, with respect to a bridge, a bridge that, as determined by the Secretary, no longer meets current design standards for the traffic demands on the bridge. (6) Public road.--The term ``public road'' has the meaning given that term in section 101(a) of title 23, United States Code. (7) Rehabilitation.--The term ``rehabilitation'' means, with respect to a bridge, the carrying out of major work necessary, as determined by the Secretary-- (A) to restore the structural integrity of the bridge; or (B) to correct a major safety defect of the bridge. (8) Replacement.--The term ``replacement'' means, with respect to a bridge, the construction of a new facility that, as determined by the Secretary, is in the same general traffic corridor as the replaced bridge. (9) State.--The term ``State'' means any of the 50 States and the District of Columbia. (10) Structurally deficient.--The term ``structurally deficient'' means, with respect to a bridge, a bridge that, as determined by the Secretary-- (A) has significant load-carrying elements that are in poor or worse condition due to deterioration, damage, or both; (B) has a load capacity that is significantly below current truckloads and that requires replacement; or (C) has a waterway opening causing frequent flooding of the bridge deck and approaches resulting in significant traffic interruptions. (j) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $2,750,000,000 for each of fiscal years 2013 and 2014. Such sums shall remain available until expended.", "summary": "Strengthen And Fortify Existing Bridges Act of 2013 or SAFE Bridges Act of 2013 - Directs the Secretary of Transportation (DOT) to establish a program to assist states to rehabilitate or replace bridges found to be structurally deficient, functionally obsolete, or fracture critical. Requires states to use apportioned program funds for projects to rehabilitate and replace such bridges. Sets the federal share of project costs at 100%."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Assistance to Counterfeiters Act''. SEC. 2. CERTIFICATION REQUIREMENT RELATING TO TRAFFICKING IN GOODS OR SERVICES THAT CONTAIN COUNTERFEIT MARKS. (a) Amendments.--Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended-- (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following new section: ``SEC. 620K. CERTIFICATION REQUIREMENT RELATING TO TRAFFICKING IN GOODS OR SERVICES THAT CONTAIN COUNTERFEIT MARKS. ``(a) Requirement for Certification.-- ``(1) In general.--Subject to paragraph (2), assistance may not be provided to a person seeking United States assistance for a fiscal year until such person submits to the President a certification described in subsection (c) for that fiscal year. ``(2) Exception for foreign governments.--The certification requirement set out in paragraph (1) shall not be applied to assistance provided under this Act or any other Act directly to the government of a foreign country or an entity of such government or to an international organization that is an association of representatives of national governments, including the United Nations. ``(b) Definitions.--In this section: ``(1) Counterfeit mark.--The term `counterfeit mark' has the meaning given that term in section 2320 of title 18, United States Code. ``(2) Person seeking united states assistance.--The term `person seeking United States assistance' means a person, including an international or domestic organization that is not an association of national governments, that-- ``(A) is seeking assistance under this Act or any other Act directly from the United States; or ``(B) subsequently receives such assistance pursuant to a contract, grant, cooperative agreement, or other agreement. ``(3) Traffic.--The term `traffic' has the meaning given that term in section 2320 of title 18, United States Code. ``(c) Certification.-- ``(1) In general.--A certification described in this subsection is a certification made by a person seeking United States assistance that-- ``(A) such assistance will not be used to intentionally traffic in goods or services that contain counterfeit marks; ``(B) such assistance will not be used by any person that has had an administrative or judicial determination issued against the person for infringement, counterfeiting, or piracy of intellectual property in the United States or a foreign country; ``(C) any material or product, including a material or product in electronic form, that was developed, in whole or in part, using such assistance will not be imported into the United States-- ``(i) in violation of section 2320 of title 18, United States Code; or ``(ii) in violation of section 526(a) of the Tariff Act of 1930 (19 U.S.C. 1526(a)); and ``(D) if such assistance will be used for a contract, grant, cooperative agreement, or other agreement that includes use of any intellectual property, provides evidence of the right to use the intellectual property, including a written license agreement for the use, the date of the first commercial use of the intellectual property, and any registration for the use with an appropriate government. ``(2) Requirements for submission of certification.--A certification described in paragraph (1) shall be submitted to the President by a person seeking United States assistance prior to the provision of any assistance under this Act or any other Act and at the beginning of each subsequent fiscal year for which such person will receive the assistance. ``(d) Suspension and Termination of Assistance.--The President shall suspend or terminate the provision of assistance under this Act or any other Act, in whole or in part, to a person seeking United States assistance if the President determines that such person has used the assistance to carry out an activity in violation of a certification made under subsection (c). ``(e) National Security Waiver.--The President may waive a provision of this section if the President-- ``(1) determines that such a waiver is necessary to the national security interests of the United States; and ``(2) promptly submits to Congress a notification of the waiver and of the reasons for the waiver.''. (b) Effective Date.--The certification requirements under section 620K of the Foreign Assistance Act of 1961, as added by subsection (a) of this section, apply with respect to the provision of assistance by the President for a fiscal year after fiscal year 2006.", "summary": "Stop Assistance to Counterfeiters Act - Amends the Foreign Assistance Act of 1961 to require U.S. foreign assistance recipients to certify that such assistance will not be used to intentionally traffic in goods or services that contain counterfeit marks or for other purposes that promote the improper use of intellectual property. Exempts from such requirement direct assistance to a foreign government (or its entity) or to an international organization that is an association of representatives of national governments, including the United Nations. Directs the President to suspend or terminate assistance to a recipient who is in violation of this Act. Authorizes a national security waiver."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Restricted Weapons Act of 1993''. SEC. 2. PROHIBITION AGAINST POSSESSION AND TRANSFER OF RESTRICTED WEAPONS. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(s)(1) Except as provided in paragraphs (2) and (3), it shall be unlawful for any person to possess or transfer a restricted weapon. ``(2) Paragraph (1) shall not apply to any otherwise lawful possession or transfer of a restricted weapon if the weapon was lawfully possessed before the date the weapon was most recently added to the list published pursuant to section 925A. ``(3) It shall be unlawful for any person to transfer a restricted weapon that meets the requirement of paragraph (2), except in accordance with regulations prescribed by the Secretary.''. (b) Restricted Weapon Defined.--Section 921(a) of such title is amended by adding at the end the following: ``(29) The term `restricted weapon' means any firearm which is on the list most recently published by the Secretary under section 925A.''. (c) Authority of the Secretary of the Treasury to Designate Restricted Weapons; Publication of List.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by inserting after section 925 the following: ``Sec. 925A. Designation of restricted weapons ``(a) Within 60 days after the date of the enactment of this section, the Secretary shall-- ``(1) designate as a restricted weapon-- ``(A) any semiautomatic rifle which is-- ``(i) manufactured in the United States; and ``(ii) not generally recognized as particularly suitable for, or readily adaptable to, sporting purposes; and ``(B) any firearm manufactured outside the United States the importation of which is prohibited under section 925(d); and ``(2) compile and publish a list of the firearms so designated. ``(b) After the end of the 60-day period described in subsection (a), the Secretary shall, from time to time-- ``(1) revise the list published pursuant to subsection (a)-- ``(A) to include in such list any weapon which meets the requirements of subparagraph (A) or (B) of subsection (a)(1); and ``(B) to exclude from such list any weapon which is not described in subsection (a)(1)(A) and which is not described in subsection (a)(1)(B); and ``(2) publish the revised list.''. (2) Semiautomatic rifle defined.--Section 921(a) of such title is amended by adding after the paragraph added by subsection (b) of this section the following: ``(30) The term `semiautomatic rifle', means-- ``(A) a rifle which uses a portion of the force of a fired cartridge to expel the case of the fired cartridge and load another cartridge into the firing chamber, and which requires a separate function of the trigger to fire each cartridge; and ``(B) any part or combination of parts, designed or intended to convert a rifle into a rifle described in subparagraph (A).''. (3) Clerical amendment.--The table of sections at the beginning of chapter 44 of such title is amended by inserting after the item relating to section 925 the following: ``925A. Designation of restricted weapons.''. (d) Penalties.-- (1) Unlawful possession or transfer of restricted weapon.-- Section 924(a)(1)(B) of such title, as amended by section 6(b)(2) of this Act, is amended by striking ``or (r)'' and inserting ``(r), or (s)''. (2) Enhanced penalty for possession or use of restricted weapon during crime of violence or drug trafficking crime.-- Section 924(c)(1) of such title is amended by striking ``and if the firearm is a short-barreled rifle, short-barreled shotgun'' and inserting ``if the firearm is a restricted weapon, a short- barreled rifle, or a short-barreled shotgun,''. (e) Regulations Governing Transfer of Restricted Weapons.-- (1) Regulations.--Section 926 of such title is amended by adding at the end the following: ``(d)(1) Within 60 days after the date of the enactment of this subsection, the Secretary shall prescribe regulations governing the transfer of restricted weapons, which shall allow such a transfer to proceed within 30 days after the Secretary receives such documentation as the Secretary may require to be submitted with respect to the transfer, and shall include provisions for determining whether the transferee is a person described in section 922(g). ``(2) The Secretary may assess a fee of not more than $50 in connection with the transfer of a restricted weapon.''. (2) Penalty for violation of regulations.--Section 924(a) of such title is amended-- (A) in paragraph (1), by striking ``paragraph (2) or (3) of''; and (B) by adding at the end the following: ``(5) Whoever transfers a restricted weapon in violation of a regulation issued under section 926(d)(1) but in an otherwise lawful manner shall be fined under this title, imprisoned not more than one year, or both.''. SEC. 3. PROHIBITION AGAINST CERTAIN EXPORTS OF RESTRICTED WEAPONS. (a) Prohibition.--Section 922 of title 18, United States Code is amended by adding after the subsection added by section 2(a) of this Act the following: ``(t)(1) Except as provided in paragraph (2), it shall be unlawful to export or attempt to export a restricted weapon. ``(2) Paragraph (1) shall not apply to the exportation of a restricted weapon-- ``(A) by or for the United States or any department or agency thereof; or ``(B) by or to the government of a foreign country. ``(3) Notwithstanding paragraph (2)(B), it shall be unlawful to knowingly export or attempt to export a restricted weapon to a country if the Secretary of State finds that-- ``(A) the government of the country engages in a consistent pattern of gross violations of internationally recognized human rights; or ``(B) the country has repeatedly provided support for international terrorism.''. (b) Penalty.--Section 924(a) of such title, is amended by adding after the paragraph added by section 2(e)(2)(B) of this Act the following: ``(6) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned not more than 5 years, or both.''. SEC. 4. PROHIBITION AGAINST MANUFACTURE OF A FIREARM CAPABLE OF ACCEPTING A SILENCER OR BAYONET WITHOUT ALTERATION. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding after the subsections added by sections 2(a) and 3(a) of this Act the following: ``(u) It shall be unlawful for any person to manufacture a firearm to which a firearm silencer or bayonet may be directly attached without alteration of the firearm.''. (b) Penalty.--Section 924(a)(1)(B) of such title, as amended by sections 6(a) and 2(d)(1) of this Act, is amended by striking ``or (s)'' and inserting ``(s), or (u)''. SEC. 5. PROHIBITION AGAINST POSSESSION OR TRANSFER OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding after the subsections added by sections 2(a), 3(a), and 4(a) of this Act the following: ``(v)(1) It shall be unlawful for any person to possess or transfer any large capacity ammunition feeding device. ``(2) Paragraph (1) shall not apply to any otherwise lawful possession or otherwise lawful transfer of a large capacity ammunition feeding device that was lawfully possessed before the date of the enactment of this subsection.''. (b) Large Capacity Ammunition Feeding Device Defined.--Section 921(a) of such title is amended by adding after the paragraphs added by subsections (b) and (c)(2) of section 2 of this Act the following: ``(31)(A) Except as provided in subparagraph (B), the term `large capacity ammunition feeding device' means-- ``(i) a detachable magazine, belt, drum, feed strip, or similar device which has, or which can be readily restored or converted to have, a capacity of more than 7 rounds of ammunition; and ``(ii) any part or combination of parts, designed or intended to convert a detachable magazine, belt, drum, feed strip, or similar device into a device described in clause (i). ``(B) The term `large capacity ammunition feeding device' does not include any attached tubular device designed to accept and capable of operating with only .22 rimfire caliber ammunition.''. (c) Penalty.--Section 924(a)(1)(B) of such title, as amended by sections 6(a), 2(d)(1), and 4(b) of this Act, is amended by striking ``or (u)'' and inserting ``(u), or (v)''. (d) Regulations.--Section 926 of such title is amended by adding after the subsection added by section 2(e)(1) of this Act the following: ``(e) The Secretary shall promulgate regulations requiring manufacturers of large capacity ammunition feeding devices to stamp each such device manufactured after the date of the enactment of this subsection with a permanent distinguishing mark selected in accordance with regulations.''. SEC. 6. TECHNICAL CORRECTION RELATING TO FIREARMS LAWS. (a) In General.--Section 924(a)(1)(B) of title 18, United States Code, is amended by striking ``(q)'' and inserting ``(r)''. (b) Effective Date.--The amendment made by this section shall take effect if such amendment had been included in section 2204 of the Crime Control Act of 1990 at the time such section 2204 became law.", "summary": "Restricted Weapons Act of 1993 - Amends the Federal criminal code to prohibit the possession or transfer of a restricted weapon, unless such weapon was lawfully possessed before the date it was most recently added to the published list required under this Act. Defines \"restricted weapon\" to mean any firearm which is on the list most recently published by the Secretary of the Treasury under this Act. Requires the Secretary to: (1) designate as a restricted weapon any semiautomatic rifle which is manufactured in the United States and is not generally recognized as suitable for, or readily adaptable to, sporting purposes and any firearm manufactured outside the United States the importation of which does not meet the sporting purposes standard; and (2) compile, publish, and periodically revise a list of the firearms so designated. Sets penalties for the unlawful possession or transfer of a restricted weapon. Provides for an enhanced penalty for possession or use of a restricted weapon during a crime of violence or a drug trafficking crime. Requires the Secretary to prescribe regulations governing the transfer of restricted weapons which shall allow such a transfer to proceed within 30 days after the Secretary receives the documentation submitted with respect to such a transfer. Authorizes the Secretary to assess a fee in connection with such a transfer. Sets penalties for violating such regulations. Prohibits: (1) the export of restricted weapons, with exceptions for U.S. departments or agencies and foreign governments (unless such a government engages in a consistent pattern of gross violations of human rights or has repeatedly provided support for international terrorism); and (2) the manufacture of a firearm to which a silencer or bayonet may be attached without alteration of the firearm. Sets penalties for violations of these provisions. Prohibits the possession or transfer of large capacity ammunition feeding devices, except where lawfully possessed before enactment of this Act. Defines such devices to include: (1) a detachable magazine, belt, or similar device which has, or can be readily converted to have, a capacity of more than seven rounds of ammunition; and (2) any part or combination of parts intended to convert a detachable magazine into such a device. Excludes from such definition any attached tubular device designed to accept and capable of operating with only .22 rimfire caliber ammunition. Sets penalties for violations. Requires the Secretary to promulgate regulations requiring manufacturers of such devices to stamp each such device with a permanent distinguishing mark."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Developing Resources Immediately and Long-Term through Leases on Our Nation's Offshore Waters Act of 2008'' or the ``DRILL NOW Act of 2008''. SEC. 2. TERMINATION OF LAWS PROHIBITING THE SPENDING OF APPROPRIATED FUNDS FOR OUTER CONTINENTAL SHELF LEASING ACTIVITIES. All provisions of existing Federal law prohibiting the spending of appropriated funds to conduct oil and natural gas leasing and preleasing activities for any area of the Outer Continental Shelf shall have no force or effect. SEC. 3. REVOCATION OF EXISTING PRESIDENTIAL WITHDRAWALS. All withdrawals of Federal submerged lands of the Outer Continental Shelf from leasing, including withdrawals by the President under the authority of section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby revoked and are no longer in effect with respect to the leasing of areas for exploration for, and development and production of, oil, and natural gas. SEC. 4. REVOCATION OF EXISTING PRESIDENTIAL AUTHORITY. All authorities given to the President with respect to the leasing of Federal submerged lands of the Outer Continental Shelf, given under section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby revoked, except in the interest of national security. SEC. 5. AVAILABILITY OF CERTAIN AREAS FOR LEASING. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Availability of Certain Areas for Leasing.-- ``(1) Definitions.--In this subsection: ``(A) Governor.--The term `Governor' means the Governor of a State. ``(B) Qualified revenues.--The term `qualified revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of this Act for natural gas exploration and extraction activities authorized by the Secretary under this subsection. ``(2) Petition.-- ``(A) In general.--The Governor may submit to the Secretary a petition requesting that the Secretary issue leases authorizing the conduct of oil and natural gas exploration and extraction activities in any area that is at least 50 miles beyond the coastal zone of the State. ``(B) Contents.--In any petition under subparagraph (A), the Governor shall include a detailed plan of the proposed exploration and extraction activities, as applicable. ``(3) Action by secretary.-- ``(A) In general.--Subject to subparagraph (D), as soon as practicable after the date of receipt of a petition under paragraph (2), the Secretary shall approve or deny the petition. ``(B) Requirements for exploration and extraction.--The Secretary shall not approve a petition submitted under paragraph (2)(A) unless the State enacts legislation supporting exploration and extraction of oil and natural gas in the coastal zone of the State. ``(C) Consistency with legislation.--The plan provided in the petition under paragraph (2)(B) shall be consistent with the legislation described in subparagraph (B) as applicable. ``(D) Conflicts with military operations and national security.--The Secretary shall not approve a petition for a drilling activity under this paragraph if the drilling activity would conflict with any military operation or national security, as determined by the President. ``(4) Disposition of revenues.--Notwithstanding section 9, for each applicable fiscal year, the Secretary of the Treasury shall deposit-- ``(A) 25 percent of qualified revenues in a Clean and Alternative Energy Fund in the Treasury, which shall be established by the Secretary; ``(B) 25 percent of qualified revenues in the general fund of the Treasury; ``(C) 37.5 percent of qualified revenues in a special account in the Treasury from which the Secretary shall disburse to the State; and ``(D) 6.25 percent to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 460l-5); and ``(E) 6.25 percent to a reserve fund to be used to mitigate for any environmental damage that occurs as a result of extraction activities authorized under this subsection, regardless of whether the damage is-- ``(i) reasonably foreseeable; or ``(ii) caused by negligence, natural disasters, or other acts. ``(5) Existing leases.--Any funds that would be received by the United States as royalties under any Federal oil and gas lease of an area on the outer Continental Shelf within 50 miles of the coastal zone of the State of Texas, Louisiana, Mississippi, or Alabama that is in effect on the date of enactment of the DRILL NOW Act of 2008 shall be paid to that State if the State enacts a statute that establishes a plan for expenditure of those funds.''.", "summary": "Developing Resources Immediately and Long-Term through Leases on Our Nation's Offshore Waters Act of 2008, or DRILL NOW Act of 2008 - Declares without force or effect all existing federal law which prohibits spending appropriated funds to conduct oil and natural gas leasing and preleasing on the outer Continental Shelf. Revokes: (1) all withdrawals from leasing on federal submerged lands of the outer Continental Shelf (including withdrawals by the President); and (2) Presidential authorities with respect to such leasing (except in the interest of national security). Amends of the Outer Continental Shelf Lands Act to authorize a state governor to petition the Secretary of the Interior to issue leases for oil and natural gas exploration and extraction activities in any area that is at least 50 miles beyond the state's coastal zone. Cites circumstances under which the Secretary shall approve or deny the petition. Instructs the Secretary of the Treasury to deposit revenues from leasing operations into designated funds and accounts. Provides that any funds that would be received by the United States as royalties under any existing federal oil and gas lease on the outer Continental Shelf that lies within 50 miles of the coastal zone of the states of Texas, Louisiana, Mississippi, or Alabama shall be paid to that state if it enacts an expenditure plan for those funds."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeship and Jobs Training Act of 2014''. SEC. 2. TAX CREDIT FOR APPRENTICESHIP PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR APPRENTICESHIP PROGRAM EXPENSES. ``(a) Tax Credit.-- ``(1) In general.--For purposes of section 38, in the case of an employer, the apprenticeship program credit determined under this section for any taxable year with respect to each qualified individual in a qualified apprenticeship program is an amount equal to the lesser of-- ``(A) the amount of any wages (as defined in section 51(c)(1)) paid or incurred by the employer with respect to such qualified individual during the taxable year, or ``(B) $5,000. ``(2) Established apprenticeship programs.-- ``(A) In general.--The apprenticeship program credit determined under this section for the taxable year shall only be applicable to the number of qualified individuals in a qualified apprenticeship program which are in excess of the apprenticeship participation average for such employer (as determined under subparagraph (B)). ``(B) Apprenticeship participation average.--For purposes of subparagraph (A), the apprenticeship participation average shall be equal to the average of the total number of qualified individuals in the qualified apprenticeship program of the employer for-- ``(i) the 3 preceding taxable years, or ``(ii) the number of taxable years in which the qualified apprenticeship program was in existence, whichever is less. ``(3) Denial of double benefit.--No deduction or any other credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ``(4) Election not to claim credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. ``(5) Limitation.--The apprenticeship program credit under this section shall not be allowed for more than 3 taxable years with respect to any qualified individual. ``(b) Qualified Individual.-- ``(1) In general.--For purposes of this section, the term `qualified individual' means, with respect to any taxable year, an individual who is an apprentice and-- ``(A) is participating in a qualified apprenticeship program with an employer that is subject to the terms of a valid apprenticeship agreement (as defined in section 29.7 of title 29 of the Code of Federal Regulations), ``(B) has been employed under a qualified apprenticeship program for a period of not less than 7 months that ends within the taxable year, ``(C) is not a highly compensated employee (as defined in section 414(q)), and ``(D) is not a seasonal worker (as defined in section 45R(d)(5)(B)). ``(2) Training received by members of the armed forces.--An employer shall consider and may accept, in the case of a qualified individual participating in a qualified apprenticeship program, any relevant training or instruction received by such individual while serving in the Armed Forces of the United States, for the purpose of satisfying the applicable training and instruction requirements under such qualified apprenticeship program. ``(3) Ineligibility of certain individuals.--For purposes of this subsection, paragraphs (1) and (2) of section 51(i) shall apply. ``(c) Qualified Apprenticeship Program.-- ``(1) In general.--For purposes of this section, the term `qualified apprenticeship program' means an apprenticeship program (as defined in section 29.2 of title 29 of the Code of Federal Regulations), whether or not such program is administered by the employer, which-- ``(A) provides qualified individuals with on-the- job training and instruction for a qualified occupation with the employer, ``(B) is registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a State apprenticeship agency recognized by such Office of Apprenticeship, ``(C) maintains records relating to the qualified individual, in such manner as the Secretary, after consultation with the Secretary of Labor, may prescribe, and ``(D) satisfies such other requirements as the Secretary, after consultation with the Secretary of Labor, may prescribe. ``(2) Qualified occupation.--For purposes of paragraph (1)(A), the term `qualified occupation' means a skilled trade occupation in a high-demand mechanical, technical, healthcare, or technology field (or such other occupational field as the Secretary, after consultation with the Secretary of Labor, may prescribe) that satisfies the criteria for an apprenticeable occupation under section 29.4 of title 29 of the Code of Federal Regulations. ``(d) Apprenticeship Agreement.-- ``(1) In general.--For purposes of this section, the term `apprenticeship agreement' means an agreement between a qualified individual and an employer that satisfies the criteria under section 29.7 of title 29 of the Code of Federal Regulations. ``(2) Credit for training received under apprenticeship agreement.--If a qualified individual has received training or instruction through a qualified apprenticeship program with an employer which is subsequently unable to satisfy its obligations under the apprenticeship agreement, such individual may transfer any completed training or instruction for purposes of satisfying any applicable training and instruction requirements under a separate apprenticeship agreement with a different employer. ``(e) Application of Certain Rules.--For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as a single person. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section, including regulations to provide for application of paragraphs (1) and (2) of subsection (a) with respect to qualified individuals in a qualified apprenticeship program who are employed by more than 1 employer.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the apprenticeship program expenses credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Credit for apprenticeship program expenses.''. (d) Conforming Amendments.-- (1) Rule for employment credits.--Section 280C(a) of the Internal Revenue Code of 1986 is amended by inserting ``45S(a),'' after ``45P(a),''. (2) Exclusion for determination of credit for increasing research activities.--Clause (iii) of section 41(b)(2)(D) of such Code is amended by inserting ``the apprenticeship program credit under section 45S(a) or'' after ``in determining''. (e) Evaluation.--Not later than 3 years after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and the Workforce of the House of Representatives that contains an evaluation of the activities authorized under this Act, including-- (1) the extent to which qualified individuals completed qualified apprenticeship programs; (2) whether qualified individuals remained employed by an employer that received an apprenticeship program credit under section 45S of the Internal Revenue Code of 1986 and the length of such employment following expiration of the apprenticeship period; (3) whether qualified individuals who completed a qualified apprenticeship program remained employed in the same occupation or field; and (4) recommendations for legislative and administrative actions to improve the effectiveness of the apprenticeship program credit under section 45S of the Internal Revenue Code of 1986. (f) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after December 31, 2014. SEC. 3. ENCOURAGING MENTORS TO TRAIN THE FUTURE. (a) Early Distributions From Qualified Retirement Plans.--Section 72(t)(2) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A)-- (A) by striking ``or'' at the end of clause (vii); (B) by striking the period at the end of clause (viii) and inserting ``, or''; and (C) by adding at the end the following new clause: ``(ix) made to an employee who is serving as a mentor.''; and (2) by adding at the end the following new subparagraph: ``(H) Distributions to mentors.--For purposes of this paragraph, the term `mentor' means an individual who-- ``(i) has attained 55 years of age, ``(ii) is not separated from their employment with a company, corporation, or institution of higher education, ``(iii) in accordance with such requirements and standards as the Secretary determines to be necessary, has substantially reduced their hours of employment with their employer, with the individual to be engaged in mentoring activities described in clause (iv) for not less than 20 percent of the hours of employment after such reduction, and ``(iv) is responsible for the training and education of employees or students in an area of expertise for which the individual has a professional credential, certificate, or degree.''. (b) Distributions During Working Retirement.--Paragraph (36) of section 401(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(36) Distributions during working retirement.-- ``(A) In general.--A trust forming part of a pension plan shall not be treated as failing to constitute a qualified trust under this section solely because the plan provides that a distribution may be made from such trust to an employee who-- ``(i) has attained age 62 and who is not separated from employment at the time of such distribution, or ``(ii) subject to subparagraph (B), is serving as a mentor (as such term is defined in section 72(t)(2)(H)). ``(B) Limitation on distributions to mentors.--For purposes of subparagraph (A)(ii), the amount of the distribution made to an employee who is serving as a mentor shall not be greater than the amount equal to the product obtained by multiplying-- ``(i) the amount of the distribution that would have been payable to the employee if such employee had separated from employment instead of reducing their hours of employment with their employer and engaging in mentoring activities, in accordance with clauses (iii) and (iv) of section 72(t)(2)(H), by ``(ii) the percentage equal to the quotient obtained by dividing-- ``(I) the sum of-- ``(aa) the number of hours per pay period by which the employee's hours of employment are reduced, and ``(bb) the number of hours of employment that such employee is engaging in mentoring activities, by ``(II) the total number of hours per pay period worked by the employee before such reduction in hours of employment.''. (c) ERISA.--Subparagraph (A) of section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) is amended by striking the period at the end and inserting the following: ``, or solely because such distribution is made to an employee who is serving as a mentor (as such term is defined in section 72(t)(2)(H) of the Internal Revenue Code of 1986).''. (d) Effective Date.--The amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2014.", "summary": "Apprenticeship and Jobs Training Act of 2014 - Amends the Internal Revenue Code to allow employers a business-related tax credit for up to $5,000 for the training of a qualified individual in a qualified apprenticeship program. Defines a \"qualified individual\" as an individual who: (1) is an apprentice participating in a qualified apprenticeship program, (2) has been employed in such a program for a period of at least seven months that ends within the taxable year, and (3) is not a highly compensated employee or a seasonal worker. Defines a \"qualified apprenticeship program\" as a program that: (1) provides qualified individuals with on-the-job training and instruction for a qualified occupation (i.e., a skilled trade occupation in a high-demand mechanical, technical, health care, or technology field); (2) is registered with the Office of Apprenticeship of the Department of Labor; and (3) maintains records relating to the qualified individual. Allows a premature distribution, without penalty, from a tax-qualified retirement plan to an employee who is serving as a mentor. Defines a "mentor" as a working individual who: (1) has attained age 55; (2) works reduced hours and engages in mentoring activities for at least 20% of such hours; and (3) is responsible for the training and education of employees or students in an area of expertise for which such individual has a professional credential, certificate, or degree."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Account Distribution Improvement Act of 2008''. SEC. 2. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR CERTAIN RETIREMENT PLANS AND ACCOUNTS. (a) In General.--Section 401(a)(9) of the Internal Revenue Code of 1986 (relating to required distributions) is amended by adding at the end the following new subparagraph: ``(H) Temporary waiver of minimum required distribution.-- ``(i) In general.--The requirements of this paragraph shall not apply in calendar year 2008, 2009, or 2010 to-- ``(I) a defined contribution plan which is described in this subsection or in section 403(a) or 403(b), ``(II) a defined contribution plan which is an eligible deferred compensation plan described in section 457(b) but only if such plan is maintained by an employer described in section 457(e)(1)(A), or ``(III) an individual retirement plan. ``(ii) Plans only to make elective distributions.--A trust forming part of a plan shall not constitute a qualified trust under this subsection unless the plan provides that it will not make a payment or distribution during calendar year 2009 or 2010 which would otherwise be made to meet the requirements of this paragraph unless the employee or beneficiary elects to have such payment or distribution made. This clause shall not apply to an employee or beneficiary who is receiving, after the annuity starting date, distributions under the plan through an annuity contract issued by a company licensed to do business as an insurance company under the laws of any State. ``(iii) Election.--An election under clause (ii) shall be made at such time and in such manner as the Secretary may prescribe. The Secretary may permit an employer to offer only 1 election that applies to 2009 and 2010 or may require employers to offer separate elections for each calendar year. ``(iv) Individual retirement plans exempt from elective distribution requirement.--In the case of an individual retirement account or annuity described in section 408, this subparagraph shall be applied without regard to clauses (ii) and (iii). ``(v) Special rules regarding waiver period.--For purposes of this paragraph-- ``(I) the required beginning date with respect to any individual shall be determined without regard to this subparagraph for purposes of applying this paragraph to calendar years after 2010, and ``(II) if clause (ii) of subparagraph (B) applies to such individual, the 5-year period described in such clause shall be determined without regard to calendar years 2008, 2009, or 2010.''. (b) Eligible Rollover Distributions.--Section 402(c)(4) of the Internal Revenue Code of 1986 (defining eligible rollover distribution) is amended by adding at the end the following new flush sentence: ``If all or any portion of a distribution during 2008, 2009, or 2010 is treated as an eligible rollover distribution but would not be so treated if the minimum distribution requirements under section 401(a)(9) had applied during such calendar year, such distribution shall not be treated as an eligible rollover distribution for purposes of section 401(a)(31) or 3405(c) or subsection (f) of this section''. (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. (2) Recontributions of distributions in 2008 or early 2009.-- (A) In general.--If a person receives 1 or more eligible distributions, the person may, on or before July 1, 2009, make one or more contributions (in an aggregate amount not exceeding all eligible distributions) to an eligible retirement plan and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of the Internal Revenue Code of 1986, as the case may be. For purposes of the preceding sentence, rules similar to the rules of clauses (ii) and (iii) of section 402(c)(11)(A) of such Code shall apply in the case of a beneficiary who is not the surviving spouse of the employee or of the owner of the individual retirement plan. (B) Eligible distribution.--For purposes of this paragraph-- (i) In general.--Except as provided in clause (ii), the term ``eligible distribution'' means an applicable distribution to a person from an individual account or annuity-- (I) under a plan which is described in clause (iv), and (II) from which a distribution would, but for the application of section 401(a)(9)(H) of such Code, have been required to have been made to the individual for 2008 or 2009, whichever is applicable, in order to satisfy the requirements of sections 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of such Code. (ii) Eligible distributions limited to required distributions.--The aggregate amount of applicable distributions which may be treated as eligible distributions for purposes of this paragraph shall not exceed-- (I) for purposes of applying subparagraph (A) to distributions made in 2008, the amount which would, but for the application of section 401(a)(9)(H) of such Code, have been required to have been made to the individual in order to satisfy the requirements of sections 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of such Code for 2008, and (II) for purposes of applying subparagraph (A) to distributions made in 2009, the sum of the amount which would, but for the application of such section 401(a)(9)(H), have been required to have been made to the individual in order to satisfy such requirements for 2009, plus the excess (if any) of the amount described in subclause (I) which may be distributed in 2009 to meet such requirements for 2008 over the portion of such amount taken into account under subclause (I) for distributions made in 2008. (iii) Applicable distribution.-- (I) In general.--The term ``applicable distribution'' means a payment or distribution which is made during the period beginning on January 1, 2008, and ending on June 30, 2009. (II) Exception for minimum required distributions for other years.--Such term shall not include a payment or distribution which is required to be made in order to satisfy the requirements of section 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), or 457(d)(2) of such Code for a calendar year other than 2008 or 2009. (III) Exception for payments in a series.--In the case of any plan described in clause (iv)(I), such term shall not include any payment or distribution made in 2009 which is a payment or distribution described in section 402(c)(4)(A). (iv) Plans described.--A plan is described in this clause if the plan is-- (I) a defined contribution plan (within the meaning of section 414(i) of such Code) which is described in section 401, 403(a), or 403(b) of such Code or which is an eligible deferred compensation plan described in section 457(b) of such Code maintained by an eligible employer described in section 457(e)(1)(A) of such Code, or (II) an individual retirement plan (as defined in section 7701(a)(37) of such Code). (C) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a payment or distribution from a plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the payment or distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the plan in a direct trustee to trustee transfer. (D) Treatment of repayments for distributions from iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a payment or distribution from an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, such payments or distributions shall be treated as a distribution that satisfies subparagraphs (A) and (B) of section 408(d)(3) of such Code and as having been transferred to the individual retirement plan in a direct trustee to trustee transfer. (3) Provisions relating to plan or contract amendments.-- (A) In general.--If this paragraph applies to any pension plan or contract amendment, such pension plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (B)(ii)(I). (B) Amendments to which paragraph applies.-- (i) In general.--This paragraph shall apply to any amendment to any pension plan or annuity contract which-- (I) is made by pursuant to the amendments made by this section, and (II) is made on or before the last day of the first plan year beginning on or after January 1, 2011. In the case of a governmental plan, subclause (II) shall be applied by substituting ``2012'' for ``2011''. (ii) Conditions.--This paragraph shall not apply to any amendment unless-- (I) during the period beginning on January 1, 2009, and ending on December 31, 2010 (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (II) such plan or contract amendment applies retroactively for such period.", "summary": "Retirement Account Distribution Improvement Act of 2008 - Amends the Internal Revenue Code to suspend in 2008, 2009, and 2010 requirements for minimum distributions from tax-deferred retirement plans. Permits taxpayers who have already received a minimum distribution in 2008 to recontribute such distribution to their retirement plans by July 1, 2009."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``AmeriCorps Disaster Relief Corps Act of 2005''. SEC. 2. AUTHORITY. The Corporation for National and Community Service (referred to in this Act as the ``Corporation''), pursuant to section 126(b) of the National and Community Service Act of 1990 (42 U.S.C. 12576(b)), shall carry out the activities authorized under this Act. SEC. 3. ESTABLISHMENT OF SPECIAL AMERICORPS DISASTER RELIEF CORPS. (a) Establishment.--There is established an AmeriCorps Disaster Relief Corps, to be administered by the Corporation, to carry out full- or part-time service projects that provide food, clothing, shelter, and other humanitarian assistance for victims of major disasters and emergencies, projects involving cleaning, repair, and reconstruction of structures, facilities, and lands located within the disaster area, and other projects arising from the consequences of major disasters and emergencies. (b) Recruitment of Participants and Eligibility.-- (1) Recruitment.--The Corporation shall endeavor to recruit up to 10,000 additional eligible participants for the national service program established under subsection (a). (2) Eligibility.--Eligibility to participate in the national service program established under subsection (a) shall be on the same basis as for participation in an approved national service position authorized by subtitle C or E of title I of the National and Community Service Act (42 U.S.C. 12571 et seq.) or by title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.). Individuals selected as participants in the program shall be eligible for living allowances, educational awards, and other support authorized for participants in approved national service positions under such Acts. (3) Priority.--In conducting recruiting under paragraph (1), the Corporation and recipients of assistance to operate projects shall give priority to those individuals dislocated as a result of major disasters and emergencies and may permit alternative documentation requirements relating to demonstrating eligibility of such individuals. (c) Projects.--Participants for the national service program established under subsection (a) may serve on projects that-- (1) help those affected by major disasters and emergencies assess their needs; (2) assist in the construction of temporary housing for the displaced victims of a major disaster or emergency; (3) provide relocation services for victims of the hurricane, including food, water and clothing distribution and housing location services; (4) conduct outreach to local businesses, building owners, and others with applications for disaster relief and for other assistance to be provided by Federal or State government; (5) provide employment services for victims, such as identifying job training, job placement, and other opportunities; (6) conduct environmental surveys, monitoring water quality and determining the environmental impact on the affected region; (7) provide teaching and administrative support functions for school systems where displaced children have enrolled; (8) work with schools to identify and mentor students coping with the impact of a major disaster or emergency; (9) work with public officials to prepare them for future disasters or emergencies; and (10) otherwise assist with the rebuilding of the affected regions. SEC. 4. GRANTS TO STATES, CITIES, ORGANIZATIONS; COOPERATION WITH FEDERAL AGENCIES. The Corporation may use funds authorized under this Act in support of projects or activities consistent with those specified in section 3(c) to-- (1) make grants to, or enter into agreements with States, subdivisions of States, or other organizations to support AmeriCorps projects under section 121 of the National and Community Service Act (42 U.S.C. 12571); (2) support the National Civilian Community Corps authorized under subtitle E of title I of the National and Community Service Act (42 U.S.C. 12611); (3) support the VISTA program under title I of the Domestic Volunteer Service Act (42 U.S.C. 4451 et seq.); and (4) enter into a contract or cooperative or other agreement with another Federal agency. SEC. 5. DEFINITIONS. As used in this Act, the terms ``emergency'' and ``major disaster'' have the meaning given such terms in paragraphs (1) and (2) of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C 5122(1) and (2)). SEC. 6. TRANSFER OF FUNDS TO THE NATIONAL SERVICE TRUST. The Corporation shall transfer funds to the National Service Trust established in section 145 of the National and Community Service Act (42 U.S.C. 12601) an amount required under the Strengthen AmeriCorps Program Act of 2003 (Public Law 108-45) (42 U.S.C. 12605 et seq.) to provide educational awards and related assistance authorized under subtitle D of title I of the National and Community Service Act (42 U.S.C. 12601 et. seq.) SEC. 7. AUTHORITY FOR THIRD-TERM BENEFITS AND EDUCATIONAL AWARD. Notwithstanding any other provision of law, an individual serving in a program authorized by this Act may serve a third term of service in an approved national service position and may receive in-service benefits and a post-service educational award authorized under the national service laws on the same basis as an individual serving in a first or second term of service. SEC. 8. ADMINISTRATIVE EXPENSES. The Corporation may use up to two percent of funds authorized under section 12 for the administration of this Act. SEC. 9. ACCEPTANCE OF DONATED SERVICES. Section 196(a)(2) (42 U.S.C. 12651g(a)(2)) of the National and Community Service Act is amended by striking ``money or property'' and inserting ``money, services, or property''. SEC. 10. GRANTS NOT SUBJECT TO ANNUAL APPROPRIATIONS LIMITATIONS. Notwithstanding any other provision of law, funds provided under this Act to administer, reimburse, or support any national service program authorized under the national service laws, shall not be considered in applying any limitation on funding for such programs in annual appropriations Acts. SEC. 11. AUTHORITY TO SUPPORT PROGRAMS OPERATED BY FEDERAL AGENCIES. Notwithstanding any other provision of law, the Corporation may use funds authorized under this Act to enter into a contract or cooperative agreement with another Federal agency to support a national service program carried out by that agency consistent with section 121(b) of the National and Community Service Act of 1990 (42 U.S.C. 12571(b)). SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Corporation $150,000,000 for each of fiscal years 2006 and 2007 to carry out this Act.", "summary": "AmeriCorps Disaster Relief Corps Act of 2005 - Establishes an AmeriCorps Disaster Relief Corps, administered by the Corporation for National and Community Service, to carry out service projects that: (1) provide food, clothing, shelter, and other humanitarian assistance for victims of major disasters and emergencies; (2) involve cleaning, repair, and reconstruction of structures, facilities, and lands located within the disaster area; and (3) perform other activities in response to the consequences of major disasters and emergencies. Authorizes the Corporation to: (1) make grants to, or enter into agreements with states, local governments, or other organizations to support AmeriCorps projects; (2) support the National Civilian Community Corps authorized under the National and Community Service Act; (3) support the VISTA program under the Domestic Volunteer Service Act; and (4) enter into a contract or other agreement with another Federal agency."}
{"article": "SECTION 1. MENTAL ILLNESS RESEARCH, EDUCATION, AND CLINICAL CENTERS. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 7319. Mental illness research, education, and clinical centers ``(a) The purpose of this section is to improve the provision of health-care services and related counseling services to eligible veterans suffering from mental illness, especially mental illness related to service-related conditions, through research (including research on improving mental health service facilities of the Department and on improving the delivery of mental health services by the Department), education and training of personnel, and the development of improved models and systems for the furnishing of mental health services by the Department. ``(b)(1) In order to carry out the purpose of this section, the Secretary, upon the recommendation of the Under Secretary for Health and pursuant to the provisions of this subsection, shall-- ``(A) designate not more than five health-care facilities of the Department as the locations for a center of research on mental health services, on the use by the Department of specific models for furnishing such services, on education and training, and on the development and implementation of innovative clinical activities and systems of care with respect to the delivery of such services by the Department; and ``(B) subject to the appropriation of funds for such purpose, establish and operate such centers at such locations in accordance with this section. ``(2) The Secretary shall designate at least one facility under paragraph (1) not later than January 1, 1996. ``(3) The Secretary shall, upon the recommendation of the Under Secretary for Health, ensure that the facilities designated for centers under paragraph (1) are located in various geographic regions. ``(4) The Secretary may not designate any health-care facility as a location for a center under paragraph (1) unless-- ``(A) the peer review panel established under paragraph (5) has determined under that paragraph that the proposal submitted by such facility as a location for a new center under this subsection is among those proposals which have met the highest competitive standards of scientific and clinical merit; and ``(B) the Secretary, upon the recommendation of the Under Secretary for Health, determines that the facility has developed (or may reasonably be anticipated to develop)-- ``(i) an arrangement with an accredited medical school which provides education and training in psychiatry and with which the facility is affiliated under which arrangement residents receive education and training in psychiatry through regular rotation through the facility so as to provide such residents with training in the diagnosis and treatment of mental illness; ``(ii) an arrangement with an accredited graduate school of psychology under which arrangement students receive education and training in clinical, counseling, or professional psychology through regular rotation through the facility so as to provide such students with training in the diagnosis and treatment of mental illness; ``(iii) an arrangement under which nursing, social work, or allied health personnel receive training and education in mental health care through regular rotation through the facility; ``(iv) the ability to attract scientists who have demonstrated creativity and achievement in research-- ``(I) into the evaluation of innovative approaches to the design of mental health services; or ``(II) into the causes, prevention, and treatment of mental illness; ``(v) a policymaking advisory committee composed of appropriate mental health-care and research personnel of the facility and of the affiliated school or schools to advise the directors of the facility and the center on policy matters pertaining to the activities of the center during the period of the operation of the center; and ``(vi) the capability to evaluate effectively the activities of the center, including activities relating to the evaluation of specific efforts to improve the quality and effectiveness of mental health services provided by the Department at or through individual facilities. ``(5)(A) In order to provide advice to assist the Under Secretary for Health and the Secretary to carry out their responsibilities under this section, the official within the Central Office of the Veterans Health Administration responsible for mental health and behavioral sciences matters shall establish a panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the establishment of new centers under this subsection. ``(B) The membership of the panel shall consist of experts in the fields of mental health research, education and training, and clinical care. Members of the panel shall serve as consultants to the Department for a period of no longer than six months. ``(C) The panel shall review each proposal submitted to the panel by the official referred to in subparagraph (A) and shall submit its views on the relative scientific and clinical merit of each such proposal to that official. ``(D) The panel shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(c) Clinical and scientific investigation activities at each center may compete for the award of funding from amounts appropriated for the Department of Veterans Affairs medical and prosthetics research account and shall receive priority in the award of funding from such account insofar as funds are awarded to projects and activities relating to mental illness. ``(d) The Under Secretary for Health shall ensure that at least three centers designated under subsection (b)(1)(A) emphasize research into means of improving the quality of care for veterans suffering from mental illness through the development of community-based alternatives to institutional treatment for such illness. ``(e) The Under Secretary for Health shall ensure that useful information produced by the research, education and training, and clinical activities of the centers established under subsection (b)(1) is disseminated throughout the Veterans Health Administration through publications and through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title and through other means. ``(f) The official within the Central Office of the Veterans Health Administration responsible for mental health and behavioral sciences matters shall be responsible for supervising the operation of the centers established pursuant to subsection (b)(1). ``(g)(1) There are authorized to be appropriated for the Department of Veterans Affairs for the basic support of the research and education and training activities of the centers established pursuant to subsection (b)(1) the following: ``(A) $3,125,000 for fiscal year 1996. ``(B) $6,250,000 for each of fiscal years 1997 through 1999. ``(2) In addition to the funds available under the authorization of appropriations in paragraph (1), the Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department of Veterans Affairs medical care account and the Department of Veterans Affairs medical and prosthetics research account such amounts as the Under Secretary for Health determines appropriate in order to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 of such title is amended by adding at the end of the matter relating to subchapter II the following: ``7319. Mental illness research, education, and clinical centers.''. (c) Reports.--Not later than February 1 of each of 1997, 1998, and 1999, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the status and activities during the previous fiscal year of the mental illness, research, education, and clinical centers established pursuant to section 7319 of title 38, United States Code (as added by subsection (a)). Each such report shall contain the following: (1) A description of-- (A) the activities carried out at each center and the funding provided for such activities; (B) the advances made at each center in research, education and training, and clinical activities relating to mental illness in veterans; and (C) the actions taken by the Under Secretary for Health pursuant to subsection (d) of such section (as so added) to disseminate useful information derived from such activities throughout the Veterans Health Administration. (2) The Secretary's evaluations of the effectiveness of the centers in fulfilling the purposes of the centers.", "summary": "Directs the Secretary of Veterans Affairs to: (1) designate not more than five facilities of the Department of Veterans Affairs as locations for centers of mental health services research, education and training, and the development and implementation of innovative clinical activities and systems of care with respect to the delivery of such services by the Department; (2) subject to appropriations, establish and operate such centers; (3) designate one such center by January 1, 1996; and (4) ensure that such centers are located in various geographic regions. Requires the official within the Central Office of the Veterans Health Administration (VHA) responsible for mental health and behavioral science matters to establish a panel to assess the scientific and clinical merit of proposals submitted to the Secretary for the establishment of new centers. Requires at least three centers to emphasize research into improving the quality of care provided to mentally ill veterans through the development of community-based alternatives to institutional treatment. Requires the Under Secretary for Health of the Department to ensure that useful information produced by activities at the centers is disseminated throughout the VHA. Authorizes appropriations. Requires reports."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Recovery Through Building Renovation Act of 2010''. SEC. 2. BUILDING EFFICIENCY RETROFIT LOAN CREDIT SUPPORT PROGRAM. Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) is amended by adding at the end the following: ``SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM. ``(a) Definitions.--In this section: ``(1) Credit support.--The term `credit support' means a guarantee or commitment to issue a guarantee or other forms of credit enhancement to ameliorate risks for efficiency obligations. ``(2) Efficiency obligation.--The term `efficiency obligation' means a debt or repayment obligation incurred in connection with financing a project, or a portfolio of such debt or payment obligations. ``(3) Project.--The term `project' means the installation of efficiency or renewable energy measures in a building (or in multiple buildings on a given property) that are expected to increase the energy efficiency of the building (including fixtures) in accordance with criteria established by the Secretary. ``(b) Eligible Projects.-- ``(1) In general.--Notwithstanding sections 1703 and 1705, the Secretary may provide credit support under this section, in accordance with section 1702. ``(2) Inclusions.--Buildings eligible for credit support under this section include commercial, industrial, municipal, university, school, and hospital facilities that satisfy criteria established by the Secretary. ``(c) Guidelines.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish guidelines for credit support provided under this section. ``(2) Requirements.--The guidelines established by the Secretary under this subsection shall include-- ``(A) standards for assessing the energy savings that could reasonably be expected to result from a project; ``(B) examples of financing mechanisms (and portfolios of such financing mechanisms) that qualify as efficiency obligations; ``(C) the threshold levels of energy savings that a project, at the time of issuance of credit support, shall be reasonably expected to achieve to be eligible for credit support; ``(D) the eligibility criteria the Secretary determines to be necessary for making credit support available under this section; and ``(E) any lien priority requirements that the Secretary determines to be necessary. ``(3) Efficiency obligations.--The financing mechanisms qualified by the Secretary under paragraph (2)(B) may include-- ``(A) loans, including loans made by the Federal Financing Bank; ``(B) power purchase agreements, including energy efficiency power purchase agreements; ``(C) energy services agreements, including energy performance contracts; ``(D) property assessed clean energy bonds and other tax assessment-based financing mechanisms; ``(E) aggregate on-meter agreements that finance retrofit projects; and ``(F) any other efficiency obligations the Secretary determines to be appropriate. ``(4) Priorities.--In carrying out this section, the Secretary shall prioritize-- ``(A) the maximization of energy savings with the available credit support funding; ``(B) the establishment of a clear application and approval process that allows private building owners, lenders, and investors to reasonably expect to receive credit support for projects that conform to guidelines; and ``(C) the distribution of projects receiving credit support under this section across States or geographical regions of the United States. ``(5) Minimum energy savings requirement.-- ``(A) In general.--In carrying out this section, the Secretary shall establish an initial minimum energy savings requirement for eligible projects that, to the maximum extent practicable, results in the greatest amount of energy savings on a per project basis. ``(B) Adjustments.-- ``(i) In general.--Not less than once each year, the Secretary shall adjust the minimum energy savings requirement described in subparagraph (A) and any other credit support terms the Secretary determines to be necessary, including the maximum percentage of the efficiency obligation that may be guaranteed, taking into account market conditions and the available funding. ``(ii) Advanced notice.--If the Secretary adjusts the energy savings requirement, the Secretary shall provide at least 90 days advanced public notice. ``(d) Limitation.--Notwithstanding section 1702(c), the Secretary shall not issue credit support under this section in an amount that exceeds-- ``(1) 90 percent of the principal amount of the efficiency obligation that is the subject of the credit support; or ``(2) $10,000,000 for any single project. ``(e) Aggregation of Projects.--To the extent provided in the guidelines developed in accordance with subsection (c), the Secretary may issue credit support on a portfolio, or pool of projects, that are not required to be geographically contiguous, if each efficiency obligation in the pool fulfills the requirements described in this section. ``(f) Application.-- ``(1) In general.--To be eligible to receive credit support under this section, the applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary. ``(2) Contents.--An application submitted under this section shall include assurances by the applicant that-- ``(A) each contractor carrying out the project-- ``(i) meets minimum experience level criteria, including local retrofit experience, as determined by the Secretary; and ``(ii) beginning on the date on which credit support is issued, will comply with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the ``Davis- Bacon Act''); ``(B) the project is reasonably expected to achieve energy savings, as set forth in the application using any methodology that meets the standards described in the program guidelines; ``(C) the project meets any technical criteria described in the program guidelines; ``(D) the recipient of the credit support and the parties to the efficiency obligation will provide the Secretary with-- ``(i) any information the Secretary requests to assess the energy savings that result from the project, including historical energy usage data and detailed descriptions of the building work, as described in the program guidelines; and ``(ii) permission to access information relating to building operations and usage for the period described in the program guidelines; and ``(E) any other assurances that the Secretary determines to be necessary. ``(3) Determination.--Not later than 90 days after receiving an application, the Secretary shall make a final determination on the application, which may include requests for additional information. ``(g) Fees.-- ``(1) In general.--In addition to the fees required by section 1702(h)(1), the Secretary may charge reasonable fees for credit support provided under this section. ``(2) Availability.--Fees collected under this section shall be subject to section 1702(h)(2). ``(h) Underwriting.--The Secretary may delegate the underwriting activities under this section to 1 or more entities that the Secretary determines to be qualified. ``(i) Report.--Not later than 1 year after commencement of the program, the Secretary shall submit to the appropriate committees of Congress a report that describes in reasonable detail-- ``(1) the manner in which this section is being carried out; ``(2) the number and type of projects supported; ``(3) the types of funding mechanisms used to provide credit support to projects; ``(4) the energy savings expected to result from projects supported by this section; ``(5) any tracking efforts the Secretary is using to calculate the actual energy savings produced by the projects; and ``(6) any plans to improve the tracking efforts described in paragraph (5). ``(j) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2011 through 2020, to remain available until expended. ``(2) Administrative costs.--Not more than 1 percent of any amounts made available to the Secretary under paragraph (1) may be used by the Secretary for administrative costs incurred in carrying out this section.''. SEC. 3. MUSH BUILDING REVOLVING FUND. (a) Definitions.--In this section: (1) Project.--The term ``project'' means an energy efficiency retrofit project that meets the terms of this section and criteria determined to be necessary by the Secretary. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) State.--The term ``State'' has the meaning given the term in section 412 of the Energy Conservation and Production Act (42 U.S.C. 6862). (b) Establishment.--The Secretary shall establish the MUSH Building Efficiency Program to provide grants to State revolving funds to finance projects. (c) Eligibility.--To be eligible to receive a grant under this program, a State shall have, or propose to establish, a program to finance or support building improvement projects on buildings that are owned or controlled by-- (1) a municipality; (2) a State or public university, including a community college; (3) a school or school district, including a technical school or a vocational school; and (4) a State, city, or other publicly owned hospital. (d) Terms and Conditions.-- (1) In general.--As a condition of receiving a grant under this section, a State shall-- (A) develop technical energy assessment report guidelines for each project to be carried out under this section; (B) develop procedures-- (i) to monitor energy consumption prior to, and for at least 3 years after, the completion of each project carried out using State revolving funds; (ii) to make data publicly available in aggregated summary reports regarding the performance of each project carried out using State revolving funds; and (iii) to analyze energy savings, in kilowatt hours and dollars, before and for at least 3 years after the completion of each project carried out using State revolving funds; and (C) incorporate training on audit techniques in any guidelines or procedures developed for State revolving funds that receive a grant under this section. (2) Maximum repayment term.--A State receiving a grant under this section shall not enter into any obligations with a repayment term that exceeds 15 years. (3) Conflict of interest.--A commissioning organization or individual that receives compensation for professional services relating to a project carried out under this section shall not acquire any direct or indirect financial interest in the sale of energy efficiency equipment or products that are directly related to the project. (e) Report.--Not later than 1 year after commencement of the MUSH Building Efficiency Program, the Secretary shall submit to the appropriate committees of Congress a report that-- (1) describes in detail the manner in which this section has been carried out; (2) aggregates the project performance data of the State programs receiving a grant under this section; and (3) includes any recommendations of the Secretary on modifications that may improve the grant program. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary. SEC. 4. ENERGY EFFICIENCY SUPPORT PROGRAM. (a) Definitions.--In this section: (1) Project.--The term ``project'' means an energy efficiency retrofit project that meets the criteria described in subsection (c). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--The Secretary shall establish a program that provides grants to State or tribal governments to support property assessed clean energy bonds and other tax assessment-based financing mechanisms to support building retrofits that meet the criteria described in subsection (c). (c) Authorization, Terms, and Conditions.-- (1) Authorization.-- (A) In general.--In carrying out this section, the Secretary shall provide grants to capitalize loan loss reserves for property assessed clean energy bonds and other tax assessment-based financing mechanisms managed by State or tribal governments. (B) Maximum.--No eligible entity shall receive a grant under this section that exceeds a total amount of $10,000,000. (2) Eligible programs.-- (A) In general.--A grant under this section shall be used to finance building retrofit projects that are expected to produce significant energy efficiency gains. (B) Use of funds.--A State or tribal government that receives a grant under this section shall use the funds to provide credit enhancements or establish other loan loss reserve funds approved by the Secretary. (C) Conditions.--As a condition of receiving a grant under this section, a State or tribal government shall provide to the Secretary such assurances as the Secretary determines to be necessary, including assurances that the State or tribal government shall-- (i) provide support for each financing mechanism approved by the Secretary, including property assessed clean energy bonds and tax lien financing; (ii) for each project receiving financial assistance under this section, develop comprehensive procedures for-- (I) monitoring energy consumption prior to the commencement of, and at least 3 years after completion of, each project; (II) analyzing energy savings achieved, measured in kilowatt hours and dollars, prior to the commencement of, and at least 3 years after completion of, each project; and (III) making data recorded from each project publicly available in aggregated summary reports describing the performance of each project; and (D) incorporate training on audit techniques in any guidelines developed for the capital loan loss reserves. (d) Program Coordination and Aggregation.--Subject to subsection (c)(1) and approval of the Secretary, eligible State or tribal governments may combine grants provided under this section to create multijurisdictional programs to support projects that meet the requirements of this section. (e) Report.--Not later than 1 year after the commencement of the program, the Secretary shall submit to the appropriate committees of Congress a report that-- (1) describes in detail the manner in which this section has been carried out; (2) aggregates the project performance data of the State, local, and tribal government programs receiving funding under this section; and (3) includes any recommendations of the Secretary on modifications that may improve the grant program. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary.", "summary": "Recovery Through Building Renovation Act of 2010 - Amends the Energy Policy Act of 2005 to authorize the Secretary of Energy (DOE) to provide credit support for debt or repayment obligations incurred in connection with financing the installation of efficiency or renewable energy measures (efficiency obligations) in commercial, industrial, municipal, university, school, and hospital facilities. Directs the Secretary to establish guidelines for such credit support, including: (1) standards for assessing, and threshold levels for, the expected energy savings; (2) examples of financing mechanisms that qualify as efficiency obligations; (3) eligibility criteria; and (4) lien priority requirements. Requires the Secretary to prioritize: (1) the maximization of energy savings with the available credit support funding; (2) the establishment of a clear application and approval process; and (3) the distribution of projects receiving credit support across states or geographical regions. Directs the Secretary to: (1) establish an initial minimum energy savings requirement for eligible projects that results in the greatest amount of energy savings on a per project basis; and (2) annually adjust that requirement and any other credit support terms deemed necessary taking into account market conditions and available funding. Limits credit support to 90% of the principal amount of the efficiency obligation or $10 million for any single project. Authorizes the Secretary to charge reasonable fees for such credit support. Directs the Secretary to establish: (1) the MUSH Building Efficiency Program to provide grants to state revolving funds to finance energy efficiency retrofit projects for buildings that are owned or controlled by a municipality, a state or public university, a school or school district, or a publicly owned hospital; and (2) a program that provides grants to state or tribal governments to support property assessed clean energy bonds and other tax assessment-based financing mechanisms to support building retrofit projects expected to produce significant energy efficiency gains."}
{"article": "SECTION 1. GOLDEN GATE NATIONAL RECREATION AREA AND SAN FRANCISCO MARITIME NATIONAL HISTORICAL PARK TECHNICAL CORRECTIONS. (a) Golden Gate National Recreation Area.--Section 4(f) of the Act titled ``An Act to establish the Golden Gate National Recreation Area in the State of California, and for other purposes'' (Public Law 92- 589; 16 U.S.C. 460bb-3(f)) is amended to read as follows: ``(f) The Secretary may enter into a concession contract pursuant to title IV of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5951 et seq.) or a lease pursuant to section 802 of that Act (16 U.S.C. 1a-2) for the parcels of property known as Cliff House Properties and Louis' Restaurant. Notwithstanding any other provision of law, any proceeds from the use of such property shall be available until expended, without further appropriation, for the administration, maintenance, repair, and related expenses of those properties and for major renovation and park rehabilitation of those buildings included in the Fort Mason Foundation Agreement.''. (b) San Francisco Maritime National Historical Park.-- (1) Leasing.--Section 3(c) of the San Francisco Maritime National Historical Park Act of 1988 (Public Law 100-348; 16 U.S.C. 410nn-1(c)) is amended-- (A) in the first sentence, by striking ``any real or personal property, including'' and inserting ``any real or personal property, including the Haslett Warehouse and''; and (B) by striking the second sentence and inserting ``Notwithstanding any other provision of law, any proceeds from the lease of such property shall be available until expended, without further appropriation, for the administration, maintenance, repair, and related expenses of the leased property and the vessels, equipment, piers, and other assets within the park.''. (2) Fees.--Section 3(d) of the San Francisco Maritime National Historical Park Act of 1988 (Public Law 100-348; 16 U.S.C. 410nn-1(d)) is amended by striking the second sentence ``credited in accordance with'' and all that follows through the period and inserting ``available until expended, without further appropriation, for purposes at the park for which fee revenue is permitted to be used under section 808(a)(3) of the Consolidated Appropriations Act, 2005 (Public Law 108-447; 16 U.S.C. 6807).''. (c) Conforming Amendments.-- (1) Map; boundary.--Section 2(b) of the San Francisco Maritime Historical Park Act of 1988 (Public Law 100-348; 16 U.S.C. 410nn(b)) is amended-- (A) by striking ``numbered 641/80,053 and dated April 7, 1987'' and inserting ``numbered 350/80,012 and dated June 2004''; and (B) by striking the third and fourth sentences and inserting the following: ``The Secretary of the Interior (hereafter in this Act referred to as the `Secretary') may make minor revisions of the boundary of the park in accordance with section 7(c) of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l- 9(c)).''. (2) Fees or admission charges.--Section 4(e) of the Act titled ``An Act to establish the Golden Gate National Recreation Area in the State of California, and for other purposes'' (Public Law 92-589; 16 U.S.C. 460bb-3(e)) is amended by striking ``and for admission to the sailing vessel Balclutha and other historical vessels of the National Maritime Museum''. SEC. 2. GOLDEN GATE NATIONAL PARKS. (a) Name Change.-- (1) In general.--The Golden Gate National Recreation Area is hereby renamed the ``Golden Gate National Parks''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Golden Gate National Recreation Area is deemed to be a reference to the Golden Gate National Parks. (3) Conforming amendments.--The Act titled ``An Act to establish the Golden Gate National Recreation Area in the State of California, and for other purposes'' (Public Law 92-589, approved October 27, 1972) is amended-- (A) in sections 1 and 2 by striking ``National Recreation Area'' each place it appears and inserting ``National Parks''; and (B) by striking ``recreation area'' each place it appears and inserting ``national parks''. (b) Change of Unit From Recreation Area to National Park.-- (1) In general.--The Golden Gate National Parks, as so renamed by subsection (a), is hereby designated as a national park and shall be administered as such by the Secretary of the Interior. (2) Clarification.--This section designates the recreation area known as Golden Gate National Recreation Area as a national park and renames that unit Golden Gate National Parks. Nothing in this section shall be construed as creating a new ``national parks'' category of designation with the National Park System. SEC. 3. PRESIDIO TRUST TECHNICAL CORRECTIONS. (a) Public Information and Interpretation.--Section 102(b) of division I of the Omnibus Parks and Public Lands Management Act of 1996 is amended to read as follows: ``(b) Public Information and Interpretation.--The Secretary and the Presidio Trust shall provide public interpretive services, visitor orientation and educational programs within the Presidio.''. (b) Transfer; Board of Directors.--Section 103 of division I of the Omnibus Parks and Public Lands Management Act of 1996 is amended as follows: (1) In subsection (b)(1), by striking ``The Secretary shall retain jurisdiction over those portions of the building identified as number 102 as the Secretary deems essential for use as a visitor center. The building shall be named the `William Penn Mott Visitor Center''' and inserting ``The Trust shall designate a prominently placed building to be the site of a visitor center to be operated jointly by the Trust and the National Park Service. In selecting the site for the visitor center, the Trust shall obtain the concurrence of the Superintendent of the Golden Gate National Recreation Area. The visitor center shall be named the `William Penn Mott Visitor Center' and may be relocated by mutual consent of the Trust and the Superintendent of the Golden Gate National Recreation Area.''. (2) In subsection (c)(1)(B), by inserting ``education, program development,'' after ``real estate development,''. (c) Duties and Authorities of the Trust.--Section 104 of division I of the Omnibus Parks and Public Lands Management Act of 1996 is amended as follows: (1) In subsection (i)-- (A) by striking ``conduct'' and inserting ``provision''; and (B) by adding at the end the following: ``Notwithstanding section 105(b), there are authorized to be appropriated such sums as may be necessary to carry out this paragraph.''. (2) In subsection (n)-- (A) by striking ``general objectives of the General Management Plan for the Presidio'' and inserting ``Presidio Trust Management Plan''; and (B) by inserting ``, and tenants that provide high quality public programming'' before the final period. (3) By striking subsection (o). (d) Limitations on Funding.--Section 105(a)(2) of division I of the Omnibus Parks and Public Lands Management Act of 1996 is amended by striking the following: ``Of such sums, funds shall be available through the Trust for law enforcement activities and services to be provided by the United States Park Police at the Presidio in accordance with section 104(i) of this title.''. (e) Government Accountability Office Study.--Division I of the Omnibus Parks and Public Lands Management Act of 1996 is amended-- (1) in section 106-- (A) by striking subsection (b); (B) by striking ``General Accounting'' each place it appears and inserting ``Government Accountability''; and (C) in subsection (c)-- (i) by striking ``Seven'' and inserting ``Twelve''; (ii) by striking ``comprehensive study'' and inserting ``study''; (iii) by striking ``the implementation of plan and schedule required in subsection (b)''; and (iv) by striking ``on Resources'' and inserting ``on Natural Resources''; and (2) in the table of contents, in the item for section 106, by striking ``General Accounting'' and inserting ``Government Accountability''. (f) Fort Scott Advisory Task Force.--Title I of division I of the Omnibus Parks and Public Lands Management Act of 1996 is amended by adding at the end the following: ``SEC. 108. FORT SCOTT ADVISORY TASK FORCE. ``(a) Establishment.--There is hereby established the Fort Scott, Presidio of San Francisco Advisory Task Force (referred to in this section as the `Task Force'). ``(b) Membership; Appointment.--The Task Force shall be composed of up to 12 members nominated by Chairman of the Board and appointed by a majority vote of the Board of Directors of the Presidio Trust. ``(c) Vacancy.--A vacancy on the Task Force shall be filled in the same manner in which the original appointment was made. ``(d) Purpose; Consultation With Presidio Trust Board of Directors.--The Task Force shall provide expertise and advice to the Board of Directors regarding the preservation and reuse of Fort Scott. The Task Force shall meet with the Presidio Trust Board of Directors not less than 3 times during its term to provide such expertise and advice on matters related to the reuse of Fort Scott as a center for education, research, policy development, and related activities, taking into account the Presidio Trust's statutory mandates. ``(e) Compensation and Expenses.--Members of the Task Force shall serve without compensation, but may be reimbursed for actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the Task Force. ``(f) Voting.--The Task Force shall act and advise by affirmative vote of a majority of the members thereof. ``(g) Termination Date.--The Task Force shall cease to exist 24 months after the date of its first meeting.''.", "summary": "Makes technical and conforming amendments to public lands provisions relating to the Golden Gate National Recreation Area and the San Francisco Maritime National Historical Park. Renames the Golden Gate National Recreation Area as the Golden Gate National Parks. Designates the Golden Gate National Parks as a national park to be administered by the Secretary of the Interior. Amends the Omnibus Parks and Public Lands Management Act of 1996 to make technical amendments to provisions concerning the Presidio of San Francisco and to eliminate the requirement for reversion of lands held by the Presidio Trust to the General Services Administration (GSA). Establishes the Fort Scott, Presidio of San Francisco Advisory Task Force to advise the Presidio Board of Directors on the preservation and reuse of Fort Scott."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Hospital GME Support Reauthorization Act of 2006''. SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS. (a) In General.--Section 340E of the Public Health Service Act (42 U.S.C. 256e) is amended-- (1) in subsection (a), by inserting ``and each of fiscal years 2007 through 2011'' after ``for each of fiscal years 2000 through 2005''; (2) in subsection (e)(1), by striking ``26'' and inserting ``12''; (3) in subsection (f)(1)(A)-- (A) in clause (ii), by striking ``and'' at the end; (B) in clause (iii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iv) for each of fiscal years 2007 through 2011, $110,000,000.''; and (4) in subsection (f)(2)-- (A) in the matter before subparagraph (A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(B)''; (B) in subparagraph (B), by striking ``and'' at the end; (C) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(D) for each of fiscal years 2007 through 2011, $220,000,000.''. (b) Reduction in Payments for Failure To File Annual Report.-- Subsection (b) of section 340E of the Public Health Service Act (42 U.S.C. 256e) is amended-- (1) in paragraph (1), in the matter before subparagraph (A), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following: ``(3) Annual reporting required.-- ``(A) Reduction in payment for failure to report.-- ``(i) In general.--The amount payable under this section to a children's hospital for a fiscal year (beginning with fiscal year 2008 and after taking into account paragraph (2)) shall be reduced by 25 percent if the Secretary determines that-- ``(I) the hospital has failed to provide the Secretary, as an addendum to the hospital's application under this section for such fiscal year, the report required under subparagraph (B) for the previous fiscal year; or ``(II) such report fails to provide the information required under any clause of such subparagraph. ``(ii) Notice and opportunity to provide missing information.--Before imposing a reduction under clause (i) on the basis of a hospital's failure to provide information described in clause (i)(II), the Secretary shall provide notice to the hospital of such failure and the Secretary's intention to impose such reduction and shall provide the hospital with the opportunity to provide the required information within a period of 30 days beginning on the date of such notice. If the hospital provides such information within such period, no reduction shall be made under clause (i) on the basis of the previous failure to provide such information. ``(B) Annual report.--The report required under this subparagraph for a children's hospital for a fiscal year is a report that includes (in a form and manner specified by the Secretary) the following information for the residency academic year completed immediately prior to such fiscal year: ``(i) The types of resident training programs that the hospital provided for residents described in subparagraph (C), such as general pediatrics, internal medicine/ pediatrics, and pediatric subspecialties, including both medical subspecialties certified by the American Board of Pediatrics (such as pediatric gastroenterology) and non- medical subspecialties approved by other medical certification boards (such as pediatric surgery). ``(ii) The number of training positions for residents described in subparagraph (C), the number of such positions recruited to fill, and the number of such positions filled. ``(iii) The types of training that the hospital provided for residents described in subparagraph (C) related to the health care needs of different populations, such as children who are underserved for reasons of family income or geographic location, including rural and urban areas. ``(iv) The changes in residency training for residents described in subparagraph (C) which the hospital has made during such residency academic year (except that the first report submitted by the hospital under this subparagraph shall be for such changes since the first year in which the hospital received payment under this section), including-- ``(I) changes in curricula, training experiences, and types of training programs, and benefits that have resulted from such changes; and ``(II) changes for purposes of training the residents in the measurement and improvement of the quality and safety of patient care. ``(v) The numbers of residents described in subparagraph (C) who completed their residency training at the end of such residency academic year and care for children within the borders of the service area of the hospital or within the borders of the State in which the hospital is located. Such numbers shall be disaggregated with respect to residents who completed residencies in general pediatrics or internal medicine/pediatrics, subspecialty residencies, and dental residencies. ``(C) Residents.--The residents described in this subparagraph are those who-- ``(i) are in full-time equivalent resident training positions in any training program sponsored by the hospital; or ``(ii) are in a training program sponsored by an entity other than the hospital, but who spend more than 75 percent of their training time at the hospital. ``(D) Report to congress.--Not later than the end of fiscal year 2011, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall submit a report to the Congress-- ``(i) summarizing the information submitted in reports to the Secretary under subparagraph (B); ``(ii) describing the results of the program carried out under this section; and ``(iii) making recommendations for improvements to the program.''. (c) Technical Amendments.--Section 340E of the Public Health Service Act (42 U.S.C. 256e) is further amended-- (1) in subsection (c)(2)(E)(ii), by striking ``described in subparagraph (C)(ii)'' and inserting ``applied under section 1886(d)(3)(E) of the Social Security Act for discharges occurring during the preceding fiscal year''; (2) in subsection (e)(2), by striking the first sentence; and (3) in subsection (e)(3), by striking ``made to pay'' and inserting ``made and pay''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Children's Hospital GME Support Reauthorization Act of 2006 - Amends the Public Health Service Act to: (1) require the Secretary of Health and Human Services to make payments for FY2007-FY2011 (currently, through FY2005) to children's hospitals for expenses associated with operating approved graduate medical residency training programs; and (2) decrease from 26 to 12 the number of interim payments to hospitals per fiscal year. Requires a 25% reduction in the amount payable for residency training programs for children's hospitals that do not provide an annual report to the Secretary for the previous fiscal year or that do not provide an annual report that includes all of the required information. Requires an annual report to include: (1) the types of residency training programs that the hospital provided for residents; (2) the number of training positions for residents; (3) the changes the hospital made in residency training for residents during the academic year; and (4) the number of residents who completed their residency training at the end of the academic year and care for children within the borders of the service area of the hospital or within the state. Requires the Secretary to provide notice and an opportunity for a hospital to provide additional information before imposing the reduction. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to report to Congress on the residency training programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Miners Pension Protection Act''. SEC. 2. TRANSFERS TO 1974 UMWA PENSION PLAN. (a) In General.--Subsection (i) of section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232), as amended by the Further Continuing and Security Assistance Appropriations Act, 2017, is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Additional amounts.-- ``(A) Calculation.--If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount equal to the difference between such dollar limitation and such aggregate amount to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan. ``(B) Cessation of transfers.--The transfers described in subparagraph (A) shall cease as of the first fiscal year beginning after the first plan year for which the funded percentage (as defined in section 432(i)(2) of the Internal Revenue Code of 1986) of the 1974 UMWA Pension Plan is at least 100 percent. ``(C) Prohibition on benefit increases, etc.-- During a fiscal year in which the 1974 UMWA Pension Plan is receiving transfers under subparagraph (A), no amendment of such plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986. ``(D) Treatment of transfers for purposes of withdrawal liability under erisa.--The amount of any transfer made under subparagraph (A) (and any earnings attributable thereto) shall be disregarded in determining the unfunded vested benefits of the 1974 UMWA Pension Plan and the allocation of such unfunded vested benefits to an employer for purposes of determining the employer's withdrawal liability under section 4201 of the Employee Retirement Income Security Act of 1974. ``(E) Requirement to maintain contribution rate.--A transfer under subparagraph (A) shall not be made for a fiscal year unless the persons that are obligated to contribute to the 1974 UMWA Pension Plan on the date of the transfer are obligated to make the contributions at rates that are no less than those in effect on the date which is 30 days before the date of enactment of the Miners Pension Protection Act. ``(F) Enhanced annual reporting.-- ``(i) In general.--Not later than the 90th day of each plan year beginning after the date of enactment of the Miners Pension Protection Act, the trustees of the 1974 UMWA Pension Plan shall file with the Secretary of the Treasury or the Secretary's delegate and the Pension Benefit Guaranty Corporation a report (including appropriate documentation and actuarial certifications from the plan actuary, as required by the Secretary of the Treasury or the Secretary's delegate) that contains-- ``(I) whether the plan is in endangered or critical status under section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 as of the first day of such plan year; ``(II) the funded percentage (as defined in section 432(i)(2) of such Code) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage; ``(III) the market value of the assets of the plan as of the last day of the plan year preceding such plan year; ``(IV) the total value of all contributions made during the plan year preceding such plan year; ``(V) the total value of all benefits paid during the plan year preceding such plan year; ``(VI) cash flow projections for such plan year and either the 6 or 10 succeeding plan years, at the election of the trustees, and the assumptions relied upon in making such projections; ``(VII) funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections; ``(VIII) the total value of all investment gains or losses during the plan year preceding such plan year; ``(IX) any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction; ``(X) a list of employers that withdrew from the plan in the plan year preceding such plan year, and the resulting reduction in contributions; ``(XI) a list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability; ``(XII) any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year; ``(XIII) any scheduled benefit increase or decrease in the plan year preceding such plan year having a material effect on liabilities of the plan; ``(XIV) details regarding any funding improvement plan or rehabilitation plan and updates to such plan; ``(XV) the number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries; ``(XVI) the information contained on the most recent annual funding notice submitted by the plan under section 101(f) of the Employee Retirement Income Security Act of 1974; ``(XVII) the information contained on the most recent Department of Labor Form 5500 of the plan; and ``(XVIII) copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, copies of collective bargaining agreements, and financial reports, and such other information as the Secretary of the Treasury or the Secretary's delegate, in consultation with the Secretary of Labor and the Director of the Pension Benefit Guaranty Corporation, may require. ``(ii) Electronic submission.--The report required under clause (i) shall be submitted electronically. ``(iii) Information sharing.--The Secretary of the Treasury or the Secretary's delegate shall share the information in the report under clause (i) with the Secretary of Labor. ``(iv) Penalty.--Any failure to file the report required under clause (i) on or before the date described in such clause shall be treated as a failure to file a report required to be filed under section 6058(a) of the Internal Revenue Code of 1986, except that section 6652(e) of such Code shall be applied with respect to any such failure by substituting `$100' for `$25'. The preceding sentence shall not apply if the Secretary of the Treasury or the Secretary's delegate determines that reasonable diligence has been exercised by the trustees of such plan in attempting to timely file such report. ``(G) 1974 umwa pension plan defined.--For purposes of this paragraph, the term `1974 UMWA Pension Plan' has the meaning given the term in section 9701(a)(3) of the Internal Revenue Code of 1986, but without regard to the limitation on participation to individuals who retired in 1976 and thereafter.''. (b) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to fiscal years beginning after September 30, 2016. (2) Reporting requirements.--Section 402(i)(4)(F) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(4)(F)), as added by this section, shall apply to plan years beginning after the date of the enactment of this Act. SEC. 3. CUSTOMS USER FEES. (a) In General.--Section 13031(j)(3)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)), as amended by section 105(a) of the Health Benefits for Miners Act of 2017, is amended by striking ``January 14, 2026'' and inserting ``May 13, 2026''. (b) Rate for Merchandise Processing Fees.--Section 503 of the United States-Korea Free Trade Agreement Implementation Act (Public Law 112-41; 19 U.S.C. 3805 note), as amended by section 105(b) of the Health Benefits for Miners Act of 2017, is amended by striking ``January 14, 2026'' and inserting ``May 13, 2026''.", "summary": "Miners Pension Protection Act This bill amends the Surface Mining Control and Reclamation Act of 1977 (SMCRA) to transfer certain funds to the 1974 United Mine Workers of America (UMWA) Pension Plan to provide pension benefits to retired coal miners and their families. The Department of the Treasury must transfer additional funds to the 1974 UMWA Pension Plan to pay pension benefits required under that plan if the amounts available for transfer under SMCRA's $490 million annual limit exceed the amounts required to be transferred for other purposes (including to the UMWA Health Plans). The bill also: (1) prohibits the pension plan from making certain changes to benefits during any year in which a transfer is received, and (2) establishes additional reporting requirements for the plan. As an offset, the bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend the authority of Treasury to collect certain customs user fees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Information and Benefits Enhancement Act of 2003''. SEC. 2. PRESUMPTION OF ADDITIONAL DISEASES OF FORMER PRISONERS OF WAR TO BE SERVICE-CONNECTED FOR COMPENSATION PURPOSES. (a) Presumption.--Section 1112(b) of title 38, United States Code, is amended-- (1) in paragraph (14), by striking ``or'' at the end; and (2) by inserting after paragraph (15) the following new paragraphs: ``(16) cardiovascular disease (heart disease), ``(17) cerebrovascular disease (stroke), or ``(18) chronic liver disease, including cirrhosis and primary liver carcinoma,''. (b) Effective Date.--(1) The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) No benefit may be paid by reason of the amendments made by subsection (a) for any period before the date of the enactment of this Act. SEC. 3. DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT OF DEFENSE. (b) Review of Mission, Procedures, and Administration.--(1) The Secretary of Veterans Affairs and the Secretary of Defense shall jointly conduct a review of the mission, procedures, and administration of the Dose Reconstruction Program of the Department of Defense. (2) In conducting the review under paragraph (1), the Secretaries shall-- (A) determine whether any additional actions are required to ensure that the quality assurance and quality control mechanisms of the Dose Reconstruction Program are adequate and sufficient for purposes of the program; and (B) determine the actions that are required to ensure that the mechanisms of the Dose Reconstruction Program for communication and interaction with veterans are adequate and sufficient for purposes of the program, including mechanisms to permit veterans to review the assumptions utilized in their dose reconstructions. (3) Not later than 90 days after the date of the enactment of this Act, the Secretaries shall jointly submit to Congress a report on the review under paragraph (1). The report shall set forth-- (A) the results of the review; (B) a plan for any actions determined to be required under paragraph (2); and (C) such other recommendations for the improvement of the mission, procedures, and administration of the Dose Reconstruction Program as the Secretaries jointly consider appropriate. (b) On-Going Review and Oversight.--The Secretaries shall jointly take appropriate actions to ensure the on-going independent review and oversight of the Dose Reconstruction Program, including the establishment of the advisory board required by subsection (c). (c) Advisory Board.--(1) In taking actions under subsection (b), the Secretaries shall jointly appoint an advisory board to provide review and oversight of the Dose Reconstruction Program. (2) The advisory board under paragraph (1) shall be composed of the following: (A) At least one expert in historical dose reconstruction of the type conducted under the Dose Reconstruction Program. (B) At least one expert in radiation health matters. (C) At least one expert in risk communications matters. (D) A representative of the Department of Veterans Affairs. (E) A representative of the Defense Threat Reduction Agency. (F) At least three veterans, including at least one veteran who is a member of an atomic veterans group. (3) The advisory board under paragraph (1) shall-- (A) conduct periodic, random audits of dose reconstructions and decisions on claims for radiogenic diseases under the Dose Reconstruction Program; (B) assist the Department of Veterans Affairs and the Defense Threat Reduction Agency in communicating to veterans information on the mission, procedures, and evidentiary requirements of the Dose Reconstruction Program; and (C) carry out such other activities with respect to the review and oversight of the Dose Reconstruction Program as the Secretaries shall jointly specify. (4) The advisory board under paragraph (1) may make such recommendations on modifications in the mission or procedures of the Dose Reconstruction Program as the advisory board considers appropriate as a result of the audits conducted under paragraph (3)(A). SEC. 4. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY. (a) In General.--The Secretary of Veterans Affairs shall, in accordance with this section, carry out a study to determine the appropriate disposition of the Air Force Health Study, an epidemiologic study of Air Force personnel who were responsible for conducting aerial spray missions of herbicides during the Vietnam era. (b) Study Through National Academy of Sciences.--Not later than sixty days after the date of the enactment of this Act, the Secretary shall seek to enter into an agreement with the National Academy of Sciences, or another appropriate scientific organization, to carry out the study required by subsection (a). (c) Elements.--Under the study under subsection (a), the National Academy of Sciences, or other appropriate scientific organization, shall address the following: (1) The scientific merit of retaining and maintaining the medical records, other study data, and laboratory specimens collected in the course of the Air Force Health Study after the currently-scheduled termination date of the study in 2006. (2) Whether or not any obstacles exist to retaining and maintaining the medical records, other study data, and laboratory specimens referred to in paragraph (1), including privacy concerns. (3) The advisability of providing independent oversight of the medical records, other study data, and laboratory specimens referred to in paragraph (1), and of any further study of such records, data, and specimens, and, if so, the mechanism for providing such oversight. (4) The advisability of extending the Air Force Health Study, including the potential value and relevance of extending the study, the potential cost of extending the study, and the Federal or non-Federal entity best suited to continue the study if extended. (5) The advisability of making the laboratory specimens of the Air Force Health Study available for independent research, including the potential value and relevance of such research, and the potential cost of such research. (d) Report.--Not later than 60 days after entering into an agreement under subsection (b), the National Academy of Sciences, or other appropriate scientific organization, shall submit to the Secretary and Congress a report on the results of the study under subsection (a). The report shall include the results of the study, including the matters addressed under subsection (c), and such other recommendations as the Academy, or other appropriate scientific organization, considers appropriate as a result of the study. SEC. 5. FUNDING OF MEDICAL FOLLOW-UP AGENCY OF INSTITUTE OF MEDICINE OF NATIONAL ACADEMY OF SCIENCES FOR EPIDEMIOLOGICAL RESEARCH ON MEMBERS OF THE ARMED FORCES AND VETERANS. (a) Funding by Department of Veterans Affairs.--(1) The Secretary of Veterans Affairs shall make available to the National Academy of Sciences in each of fiscal years 2004 through 2013, $250,000 for the Medical Follow-Up Agency of the Institute of Medicine of the Academy for purposes of epidemiological research on members of the Armed Forces and veterans. (2) The Secretary of Veterans Affairs shall make available amounts under paragraph (1) for a fiscal year from amounts available for the Department of Veterans Affairs for that fiscal year. (b) Funding by Department of Defense.--(1) The Secretary of Defense shall make available to the National Academy of Sciences in each of fiscal years 2004 through 2013, $250,000 for the Medical Follow-Up Agency for purposes of epidemiological research on members of the Armed Forces and veterans. (2) The Secretary of Defense shall make available amounts under paragraph (1) for a fiscal year from amounts available for the Department of Defense for that fiscal year. (c) Use of Funds.--The Medical Follow-Up Agency shall use funds made available under subsections (a) and (b) for epidemiological research on members of the Armed Forces and veterans. (d) Supplement Not Supplant.--Amounts made available to the Medical Follow-Up Agency under this section for a fiscal year for the purposes referred to in subsection (c) are in addition to any other amounts made available to the Agency for that fiscal year for those purposes.", "summary": "Veterans Information and Benefits Enhancement Act of 2003 - Includes the following among the diseases to be considered service-connected, and therefore compensable through the Department of Veterans Affairs, when suffered by a veteran who is a former prisoner of war who was detained or interned for at least 30 days: (1) cardiovascular (heart) disease; (2) cerebrovascular disease (stroke); or (3) chronic liver disease, including cirrhosis and primary liver carcinoma. Directs the Secretary of Veterans Affairs (Secretary) and the Secretary of Defense to jointly conduct a review of the mission, procedures, and administration of the Dose Reconstruction Program of the Department of Defense. Requires appointment of an advisory board for Program review and oversight. Directs the Secretary to conduct a study to determine the appropriate disposition of the Air Force Health Study, an epidemiologic study of Air Force personnel responsible for conducting aerial herbicide spray missions during the Vietnam era. Requires the Secretaries to make specified funds available to the National Academy of Sciences in each of FY 2004 through 2013 for the Academy's Medical Follow-Up Agency of the Institute of Medicine to conduct epidemiological research on military personnel and veterans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Refinancing Education Funding to Invest (REFI) for the Future Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) there is approximately $1,100,000,000,000 of outstanding student loan debt in the United States, including more than $150,000,000,000 in private education loans; (2) as of 2008, 81 percent of individuals graduating with an undergraduate degree with more than $40,000 in student loans had a private education loan; (3) the limited number of lenders in the private education loan marketplace reduce the ability of borrowers with private education loans to restructure, refinance, or negotiate repayment terms for their current loans, leading to excessive debt burdens and potential default; and (4) excessive student indebtedness reduces economic activity, threatens homeownership, hurts small business growth, and limits opportunities for economic expansion in rural communities. (b) Purpose.--The purpose of this Act is to spur economic growth, by establishing a mechanism to allow borrowers of private education loans to refinance their loans in order-- (1) to facilitate greater competition in the private education lending and refinancing markets; (2) to address inefficiencies in the private education lending and refinancing markets; (3) to encourage innovation in the private education refinancing markets; and (4) to promote the participation of private capital in the private education refinancing markets. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``private education loan'' has the same meaning as in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)); and (2) the term ``Secretary'' means the Secretary of the Treasury, other than in the context of the Secretary of Education. SEC. 4. TEMPORARY AUTHORITY TO CREATE A CREDIT FACILITY TO INCREASE MARKET EFFICIENCY IN THE STUDENT LOAN MARKET. (a) Authority.-- (1) In general.-- (A) Credit facilities authorization.--Upon a determination by the Secretary that borrowers are unable to secure adequate credit accommodations with existing private education loans, the Secretary, notwithstanding any provision of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091), is authorized to establish lending, purchase, and other credit facilities to-- (i) accommodate reasonable refinancing opportunities or other loan adjustments that-- (I) improve the sustainability of payments for the borrower; and (II) reduce the likelihood of delinquency and default on private education loans; (ii) benefit borrowers that are most likely to have private student debt service obligations that represent a disproportionate share of their income; and (iii) ensure that borrowers pay lower interest rates that are commensurate with credit risk, so that they may pursue more economically productive activities, such as home purchases and small business formation. (B) Consultation.-- (i) In general.--Any determination under subparagraph (A) shall be made jointly with the Secretary of Education and the Director of the Bureau of Consumer Financial Protection. (ii) Compliance system.--Prior to establishing a facility under this subsection, the Secretary, or any administrator designated by the Secretary to establish a program to carry out the authority provided in this subsection, shall establish a compliance system in consultation with the Bureau of Consumer Financial Protection. (2) No net cost to government.--Mechanisms established under this subsection shall not result in any net cost to the Federal Government, as determined jointly by the Secretary, the Secretary of Education, and the Director of the Office of Management and Budget. (b) Federal Register Notice.--Prior to exercising any authority provided under subsection (a), the Secretary shall publish a notice in the Federal Register to seek comment from interested parties on its proposed exercise of such authority, including-- (1) the terms and conditions governing the lending, purchases, or other credit facilities authorized by subsection (a); (2) an outline of methodology and factors considered in the purchase or restructuring of private education loans; (3) private education loan modification options that may be available for existing loans; (4) how they will ensure that borrowers whose education debt service obligations represent a disproportionate share of their income will be provided relief; and (5) how the use of the methodology and factors, as proposed in the notice, will be used to ensure that any exercise of authority by the Secretary will result in no net cost to the Federal Government. (c) Initial Report.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that includes-- (1) a plan of the Secretary to implement credit mechanisms under the authority of this Act; (2) a description of macroeconomic benefits of increased efficiency and refinance activity in the student loan market; and (3) a description of the benefits through the use of such authority to private education loan borrowers, including how any incidental net gain from the credit mechanism would be used to benefit student borrowers. (d) Annual Reports.--Beginning 1 year after the date of the first use of the authority provided under this section, the Secretary shall provide an annual report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing the utilization, impact, and financial performance of any program established under the authority of this section. (e) Public Awareness.--Not later than 60 days after the date of publication of a notice in the Federal Register pursuant to subsection (b), the Secretary, in consultation with the Secretary of Education and the Director of the Bureau of Consumer Financial Protection, shall begin a national awareness campaign to alert all private education loan borrowers who may benefit from any program or facilities established under this section. Such campaign shall include outreach to targeted populations of borrowers that are most likely to have private education loan debt service obligations that represent a disproportionate share of their income. (f) Expiration of Authority.--Three years after the date on which a credit facility is established under this Act, and not later than 5 years after the date of enactment of this Act, any new lending, purchase, or other activity initiated through the facilities established by the Secretary under subsection (a) shall cease. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that the Federal financial institutions, such as the Federal Financing Bank and the Federal Reserve banks, and federally chartered private entities, such as the Federal home loan banks, should consider, in consultation with the Secretary and the Secretary of Education, using available authorities in a timely manner, if needed, to assist in ensuring that borrowers of private education loans can secure credit accommodations to refinance existing loans, in a manner that results in no increased costs to taxpayers.", "summary": "Refinancing Education Funding to Invest (REFI) for the Future Act of 2013 - Directs the Secretary of the Treasury, upon determining that borrowers are unable to secure adequate credit accommodations with existing private education loans, to establish credit facilities to: (1) accommodate reasonable loan adjustments that reduce the likelihood that borrowers become delinquent or default on their loans, (2) benefit borrowers that are most likely to have private student debt service obligations that represent a disproportionate share of their income, and (3) ensure that borrowers pay lower interest rates that are commensurate with credit risk so that they can pursue more economically productive activities. Requires the decision that borrowers are unable to secure adequate credit accommodations to be made by the Secretary jointly with the Secretary of Education and the Bureau of Consumer Financial Protection (CFPB). Prohibits the establishment of such credit mechanisms from resulting in any net cost to the federal government. Directs the Secretary of the Treasury to conduct a national awareness campaign to alert all private education loan borrowers who may benefit from those credit facilities or programs. Terminates any activities initiated through such a credit facility three years after such facility is established or not later than five years after this Act's enactment. Expresses the sense of the Congress that federal financial institutions and federally chartered private entities should consider the timely use of their available authorities to assist borrowers of private education loans in refinancing such loans in a manner that results in no increased costs to taxpayers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy-Efficient Cool Roof Jobs Act''. SEC. 2. DEPRECIATION RECOVERY PERIOD FOR CERTAIN ROOF SYSTEMS. (a) 20-Year Recovery Period.-- (1) In general.--Subparagraph (F) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of certain property) is amended to read as follows: ``(F) 20-year property.--The term `20-year property' means-- ``(i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and ``(ii) any qualified energy-efficient cool roof replacement property.''. (2) Qualified energy-efficient cool roof replacement property.--Section 168(e) of such Code is amended by adding at the end the following new paragraph: ``(9) Qualified energy-efficient cool roof replacement property.-- ``(A) In general.--The term `qualified energy- efficient cool roof replacement property' means any roof system-- ``(i) which is placed in service-- ``(I) above conditioned or semi- heated space on an eligible commercial building, and ``(II) during the period beginning on the date of the enactment of this paragraph and ending on December 31, 2013, ``(ii) which has a slope equal to or less than 2:12, ``(iii) which replaces an existing roof system, and ``(iv) which includes-- ``(I) insulation which meets or exceeds the minimum prescriptive requirements in tables A-1 to A-9 in the Normative Appendix A of ASHRAE Standard 189.1-2009, and ``(II) in the case of an eligible commercial building located in a climate zone other than climate zone 6, 7, or 8 (as specified in ASHRAE Standard 90.1-2010), a primary roof covering which has a cool roof surface. ``(B) Cool roof surface.--The term `cool roof surface' means a roof the exterior surface of which -- ``(i) has a 3-year-aged solar reflectance of at least 0.55 and a 3-year-aged thermal emittance of at least 0.75, as determined in accordance with the Cool Roof Rating Council CRRC-1 Product Rating Program, or ``(ii) has a 3-year-aged solar reflectance index (SRI) of at least 64, as determined in accordance with ASTM Standard E1980, determined-- ``(I) using a medium-wind-speed convection coefficient of 12 W/m2.K, and ``(II) using the values for 3-year- aged solar reflectance and 3-year-aged thermal emittance determined in accordance with the Cool Roof Rating Council CRRC-1 Product Rating Program. ``(C) Roof system.--The term `roof system' means a system of roof components, including roof insulation and a membrane or primary roof covering, but not including the roof deck, designed to weather-proof and improve the thermal resistance of a building. ``(D) Eligible commercial building.--The term `eligible commercial building' means any building-- ``(i) which is within the scope of ASHRAE Standard 90.1-2010, ``(ii) which is located in the United States, ``(iii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and ``(iv) which was placed in service prior to December 31, 2009. ``(E) ASHRAE.--The term `ASHRAE' means the American Society of Heating, Refrigerating and Air-Conditioning Engineers.''. (b) Requirement To Use Straight Line Method.--Paragraph (3) of section 168(b) of such Code is amended by adding at the end the following new subparagraph: ``(J) Any qualified energy-efficient cool roof replacement property.''. (c) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by striking the last item and inserting the following new items: ``(F)(i)........................................... 25 (F)(ii)........................................... 27.5''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.", "summary": "Energy-Efficient Cool Roof Jobs Act - Amends the Internal Revenue Code to classify any qualified energy-efficient cool roof replacement property as 20-year property for depreciation purposes. Defines \"qualified energy-efficient cool roof replacement property\" as any roof system that: (1) is placed in service above conditioned or semi-heated space on an eligible commercial building during the period between the enactment of this Act and December 31, 2013, (2) has a slope equal to or less than 2:12, (3) replaces an existing roof system, and (4) includes insulation meeting specified standards and a primary roof covering that has a cool roof surface."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Fracking Transparency and Review Act of 2015''. SEC. 2. MORATORIUM ON OFFSHORE FRACTURING AND ACID WELL STIMULATION TREATMENT. Notwithstanding the terms of any lease or permit issued before the date of the enactment of this Act, no person may engage in hydraulic fracturing or acid well stimulation treatment in the Pacific Outer Continental Shelf Region until the Secretary of the Interior has published a report under section 3 and issued a final environmental impact statement under section 4. SEC. 3. STUDY OF CONDUCT AND IMPACTS OF HYDRAULIC FRACTURING AND ACID WELL STIMULATION IN THE PACIFIC OCS REGION. (a) In General.--To ensure the relevant agencies' data incorporate the latest science and practices of the oil and gas industry, the Secretary of the Interior shall conduct a study of the conduct and impacts of hydraulic fracturing and acid well stimulation treatments in the Pacific Outer Continental Shelf Region. (b) Included Topics.--The study shall include, but shall not be limited to-- (1) preparation of a descriptive inventory of all chemicals used in offshore oil and gas development and production activities in the Pacific Outer Continental Shelf Region, including chemicals used in hydraulic fracturing and acid well stimulation treatments; (2) the volumes of chemicals used and disposed of in such activities; (3) the risks of a spill of such chemicals; (4) an analysis of the methods by which such chemicals enter the environment during hydraulic fracturing and acid well stimulation treatments; (5) a quantification, to the extent possible, of the amount of such chemicals that enter the environment during hydraulic fracturing and acid well stimulation treatments; and (6) any other related matters the Secretary determines necessary. (c) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress and publish a report on the study conducted under this section. SEC. 4. ENVIRONMENTAL IMPACT STATEMENT. Not later than 18 months after the issuance of the report under section 3, the Secretary of the Interior shall, in coordination with the Environmental Protection Agency and in consultation with appropriate State agencies, issue an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) regarding the impacts on the marine environment and public health of offshore hydraulic fracturing and acid well stimulation treatments conducted in the Pacific Outer Continental Shelf Region. SEC. 5. PUBLIC NOTICE. The Secretary shall notify all relevant State and local regulatory agencies and publish a notice in the Federal Register-- (1) within 30 days after receiving any application for a permit that would allow the conduct of offshore hydraulic fracturing or an acid well stimulation treatment in the Pacific Outer Continental Shelf Region; and (2) within 30 days after the conduct of offshore hydraulic fracturing or acid well stimulation treatment in such region under a permit or other authorization issued by the Secretary. SEC. 6. COMPILATION AND DISCLOSURE OF ACTIVITIES. (a) In General.--The Secretary of the Interior shall compile and maintain a list of all offshore hydraulic fracturing and acid well stimulation treatments that have taken place, or that take place after the enactment of this Act, in the Pacific Outer Continental Shelf Region. (b) Included Information.--For each instance of offshore hydraulic fracturing or an acid well stimulation treatment, the Secretary shall include on the list-- (1) the date the offshore hydraulic fracturing or acid well stimulation treatment was conducted; (2) the location where the offshore hydraulic fracturing or acid well stimulation treatment was conducted; (3) the chemicals used, including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets if available, and the amount of each chemical used; (4) the total volume of fluid used in the hydraulic fracturing or acid well stimulation treatment; (5) the volume of wastewater generated during the hydraulic fracturing or acid well stimulation treatment and the manner in which it was disposed of; and (6) the intended purpose and results of the offshore hydraulic fracturing or acid well stimulation treatments. (c) Unavailable Information.--If any information listed in subsection (b) is not available for a given instance of offshore hydraulic fracturing or acid well stimulation treatment, the Secretary shall note the absence of the information and provide an explanation of why the information is not available. (d) Public Availability.--The Secretary shall make the list created under subsection (b) available to the public, including by publishing it on the Internet site of the Department of the Interior. SEC. 7. DEFINITIONS. In this Act: (1) Hydraulic fracturing.--The term ``hydraulic fracturing'' means an operation conducted in an individual wellbore designed to increase the flow of hydrocarbons from a rock formation to the wellbore through modifying the permeability of reservoir rock by fracturing it, except that such term does not include enhanced secondary recovery, including water flooding, tertiary recovery, and other types of well stimulation operations. (2) Acid well stimulation treatment.--The term ``acid well stimulation treatment''-- (A) means a well stimulation treatment that uses, in whole or in part, the application of one or more acids to the well or underground geologic formation; and (B) includes-- (i) such stimulation treatment at any applied pressure or in combination with hydraulic fracturing treatments or other well stimulation treatments; (ii) acid treatments conducted at pressures lower than the applied pressure necessary to fracture the underground geologic formation (commonly referred to as acid matrix stimulation treatments); and (iii) acid fracturing treatments.", "summary": "Offshore Fracking Transparency and Review Act of 2015 This bill prohibits both hydraulic fracturing and acid well stimulation treatment in the Pacific Outer Continental Shelf Region until the Secretary of the Interior has: (1) reported to Congress on the conduct and impacts of hydraulic fracturing and acid well stimulation treatments in the Region; and (2) issued, in coordination with the Environmental Protection Agency, a final environmental impact statement regarding the impacts upon the marine environment and public health of offshore hydraulic fracturing and acid well stimulation treatments conducted in such Region. The Secretary must notify all relevant state and local regulatory agencies and publish in the Federal Register within 30 days: (1) receipt of any application for a permit that would allow either offshore hydraulic fracturing or acid well stimulation treatment in the Region; and (2) the conduct of offshore hydraulic fracturing or acid well stimulation treatment in the Region pursuant to a permit or other authorization issued by the Secretary. The Secretary shall also maintain and publicize a list of all offshore hydraulic fracturing and acid well stimulation treatments that have taken place in the Region or that take place after enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Corruption Act of 1995''. SEC. 2. PUBLIC CORRUPTION. (a) Offenses.--Chapter 11 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 226. Public corruption ``(a) State and Local Government.-- ``(1) Honest services.--Whoever, in a circumstance described in paragraph (3), deprives or defrauds, or endeavors to deprive or to defraud, by any scheme or artifice, the inhabitants of a State or political subdivision of a State of the honest services of an official or employee of the State or political subdivision shall be fined under this title, imprisoned not more than 10 years, or both. ``(2) Fair and impartial elections.--Whoever, in a circumstance described in paragraph (3), deprives or defrauds, or endeavors to deprive or to defraud, by any scheme or artifice, the inhabitants of a State or political subdivision of a State of a fair and impartially conducted election process in any primary, run-off, special, or general election through one or more of the following means, or otherwise-- ``(A) through the procurement, casting, or tabulation of ballots that are materially false, fictitious, or fraudulent or that are invalid, under the laws of the State in which the election is held; ``(B) through paying or offering to pay any person for voting; ``(C) through the procurement or submission of voter registrations that contain false material information, or omit material information; ``(D) through the filing of any report required to be filed under Federal or State law regarding an election campaign that contains false material information or omits material information; or ``(E) through engaging in intimidating, threatening, or deceptive conduct, with the intent to prevent or unlawfully discourage any person from voting for the candidate of that person's choice, registering to vote, or campaigning for or against a candidate, shall be fined under this title, imprisoned not more than 10 years, or both. ``(3) Circumstances in which offense occurs.--The circumstances referred to in paragraphs (1) and (2) are that-- ``(A) for the purpose of executing or concealing a scheme or artifice described in paragraph (1) or (2) or attempting to do so, a person-- ``(i) places in any post office or authorized depository for mail matter, any matter or thing to be sent or delivered by the Postal Service, deposits or causes to be deposited any matter or thing to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing; ``(ii) transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce any writings, signs, signals, pictures, or sounds; ``(iii) transports or causes to be transported any person or thing, or induces any person to travel in or to be transported in, interstate or foreign commerce; or ``(iv) uses or causes the use of any facility in interstate or foreign commerce; ``(B) the scheme or artifice affects or constitutes an attempt to affect in any manner or degree, or would if executed or concealed affect, interstate or foreign commerce; ``(C) in the case of an offense described in paragraph (1), the honest services of the official or employee relate to a governmental office of a State or political subdivision of a State which receives funds derived from an Act of Congress in an amount not less than $10,000 during the 12-month period immediately preceding or following the date of the offense; or ``(D) in the case of an offense described in paragraph (2), an objective of the scheme or artifice is to secure the election of an official who, if elected, would have any authority over the administration of funds derived from an Act of Congress totaling $10,000 or more during the 12-month period immediately preceding or following the election or date of the offense. ``(b) Federal Government.--Whoever deprives or defrauds, or endeavors to deprive or to defraud, by any scheme or artifice, the inhabitants of the United States of the honest services of a public official or a person who has been selected to be a public official shall be fined under this title, imprisoned not more than 10 years, or both. ``(c) Offense by an Official Against an Employee or Official.-- ``(1) Criminal offense.--Whoever, being an official, public official, or person who has been selected to be a public official, directly or indirectly discharges, demotes, suspends, threatens, harasses, or in any manner discriminates against an employee or official of the United States or of a State or political subdivision of a State, or endeavors to do so, in order to carry out or to conceal a scheme or artifice described in subsection (a) or (b), shall be fined under this title, imprisoned not more than 5 years, or both. ``(2) Civil action.--(A) Any employee or official of a State or political subdivision of a State who is discharged, demoted, suspended, threatened, harassed, or in any manner discriminated against because of lawful acts done by the employee or official as a result of a violation of this section or because of actions by the employee on behalf of himself or herself or others in furtherance of prosecution under this section (including investigation for, initiation of, testimony for, or assistance in such a prosecution) may bring a civil action in any court of competent jurisdiction and obtain all relief necessary to make the employee or official whole, including-- ``(i) reinstatement with the same seniority status that the employee or official would have had but for the violation; ``(ii) the amount of backpay; ``(iii) a penalty of two times the amount of backpay; ``(iv) interest on the actual amount of backpay; and ``(v) compensation for any special damages sustained as a result of the violation, including reasonable litigation costs and reasonable attorney's fees. ``(B) To obtain recovery under subsection (c)(2)(A) (iii) or (v) against a State or political subdivision, the employee or individual bringing the action shall establish by a preponderance of evidence that any violation of this section was-- ``(i) the result of widespread violations within the State or political subdivision; or ``(ii) the result of conduct authorized by a senior official within the State or political subdivision. ``(C) In cases in which a State or political subdivision is sued and found liable for recovery under subsection (c)(2)(A) (iii) or (v), the State or political subdivision may bring an action for contribution for such recovery from any employee or official whose action led to the recovery under subsection (c)(2)(A) (iii) or (v). ``(D) An employee or official shall not be afforded relief under subparagraph (A) if the employee or official participated in the violation of this section with respect to which relief is sought. ``(E)(i) A civil action or proceeding authorized by this paragraph shall be stayed by a court upon certification of an attorney for the Government that prosecution of the action or proceeding may adversely affect the interests of the Government in a pending criminal investigation or proceeding. ``(ii) The attorney for the Government shall promptly notify the court when a stay may be lifted without such adverse effects. ``(d) Definitions.--As used in this section-- ``(1) the term `official' includes-- ``(A) any person employed by, exercising any authority derived from, or holding any position in the government of a State or any subdivision of the executive, legislative, judicial, or other branch of government thereof, including a department, independent establishment, commission, administration, authority, board, and bureau, and a corporation or other legal entity established and subject to control by a government or governments for the execution of a governmental or intergovernmental program; ``(B) any person acting or pretending to act under color of official authority; and ``(C) any person who has been nominated, appointed, or selected to be an official or who has been officially informed that he or she will be so nominated, appointed, or selected; ``(2) the term `person acting or pretending to act under color of official authority' includes a person who represents that he or she controls, is an agent of, or otherwise acts on behalf of an official, public official, and person who has been selected to be a public official; ``(3) the terms `public official' and `person who has been selected to be a public official' have the meanings stated in section 201 and include any person acting or pretending to act under color of official authority; and ``(4) the term `State' means a State of the United States, the District of Columbia, Puerto Rico, and any other commonwealth, territory, or possession of the United States.''. (b) Technical Amendments.--(1) The chapter analysis for chapter 11 of title 18, United States Code, is amended by adding at the end the following new item: ``226. Public corruption.''. (2) Section 1961(1) of title 18, United States Code, is amended by inserting ``section 226 (relating to public corruption),'' after ``section 224 (relating to sports bribery),''. (3) Section 2516(1)(c) of title 18, United States Code, is amended by inserting ``section 226 (relating to public corruption),'' after ``section 224 (bribery in sporting contests),''. SEC. 3. INTERSTATE COMMERCE. (a) In General.--Section 1343 of title 18, United States Code, is amended-- (1) by inserting ``, or uses or causes the use of any facility in interstate or foreign commerce,'' after ``sounds''; and (2) by inserting ``or attempting to do so'' after ``for the purpose of executing such scheme or artifice''. (b) Technical Amendments.--(1) The heading of section 1343 of title 18, United States Code, is amended to read as follows: ``Sec. 1343. Fraud by use of facility of interstate commerce''. (2) The chapter analysis for chapter 63 of title 18, United States Code, is amended by amending the item relating to section 1343 to read as follows: ``1343. Fraud by use of facility in interstate commerce.''. SEC. 4. NARCOTICS-RELATED PUBLIC CORRUPTION. (a) Offenses.--Chapter 11 of title 18, United States Code, is amended by inserting after section 219 the following new section: ``Sec. 220. Narcotics and public corruption ``(a) Offense by Public Official.--A public official who, in a circumstance described in subsection (c), directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person in return for-- ``(1) being influenced in the performance or nonperformance of any official act; or ``(2) being influenced to commit or to aid in committing, or to collude in, or to allow or make opportunity for the commission of any offense against the United States or any State, shall be guilty of a class B felony. ``(b) Offense by Person Other Than a Public Official.--A person who, in a circumstance described in subsection (c), directly or indirectly, corruptly gives, offers, or promises anything of value to any public official, or offers or promises any public official to give anything of value to any other person, with intent-- ``(1) to influence any official act; ``(2) to influence the public to commit or aid in committing, or to collude in, or to allow or make opportunity for the commission of any offense against the United States or any State; or ``(3) to influence the public official to do or to omit to do any act in violation of the official's lawful duty, shall be guilty of a class B felony. ``(c) Circumstances in Which Offense Occurs.--The circumstances referred to in subsections (a) and (b) are that the offense involves, is part of, or is intended to further or to conceal the illegal possession, importation, manufacture, transportation, or distribution of any controlled substance or controlled substance analogue. ``(d) Definitions.--As used in this section-- ``(1) the terms `controlled substance' and `controlled substance analogue' have the meanings stated in section 102 of the Controlled Substances Act (21 U.S.C. 802); ``(2) the term `official act' means any decision, action, or conduct regarding any question, matter, proceeding, cause, suit, investigation, or prosecution which may at any time be pending, or which may be brought before any public official, in such official's official capacity, or in such official's place of trust or profit; and ``(3) the term `public official' means-- ``(A) an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof in any official function, under or by authority of any such department, agency, or branch of Government; ``(B) a juror; ``(C) an officer or employee or person acting for or on behalf of the government of any State, commonwealth, territory, or possession of the United States (including the District of Columbia), or any political subdivision thereof, in any official function, under or by the authority of any such State, commonwealth, territory, possession, or political subdivision; and ``(D) any person who has been nominated or appointed to a position described in subparagraph (A), (B), or (C), or has been officially informed that he or she will be so nominated or appointed.''. (b) Technical Amendments.--(1) Section 1961(1) of title 18, United States Code, is amended by inserting ``section 220 (relating to narcotics and public corruption),'' after ``Section 201 (relating to bribery),''. (2) Section 2516(1)(c) of title 18, United States Code, is amended by inserting ``section 220 (relating to narcotics and public corruption),'' after ``section 201 (bribery of public officials and witnesses),''. (3) The chapter analysis for chapter 11 of title 18, United States Code, is amended by inserting after the item for section 219 the following new item: ``220. Narcotics and public corruption.''.", "summary": "Anti-Corruption Act of 1995 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision (State) of the honest services of a government official or employee, or of a fair and impartially conducted election process. Prescribes criminal penalties to be imposed upon any official, or person selected to be a public official, who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or of any State. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. Specifies that: (1) to obtain recovery against a State, the employee or individual bringing the action shall establish by a preponderance of evidence that any such violation was the result of widespread violations, or conduct authorized by a senior official, within the State; and (2) in cases in which a State is sued and found liable for recovery, the State may bring an action for contribution for such recovery from any employee or official whose action led to the recovery. (Sec. 3) Amends mail fraud provisions to prohibit using, or causing the use, of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. (Sec. 4) Sets forth prohibitions regarding narcotics-related public corruption."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Innovation and Coastal Protection Act of 1993''. SEC. 2. PROGRAM AUTHORITY. (a) In General.--Chapter III of the National Flood Insurance Act of 1968 (42 U.S.C. 4101 et seq.) is amended by adding at the end the following new section: ``SEC. 1366. EROSION MITIGATION DEMONSTRATION PROGRAM. ``(a) In General.--The Director shall make grants, with amounts made available from the Coastal Erosion Control Fund established under section 1367, to demonstrate the feasibility of innovative mitigation activities designed to minimize coastal erosion, preserve shorelines, and avoid environmental degradation. ``(b) Eligible Recipients.--The Director may make grants under this section to-- ``(1) any State; and ``(2) any community participating in the national flood insurance program under this title that-- ``(A) has suffered recurring flood damages and claims, as determined by the Director; and ``(B) is in full compliance with the requirements under the national flood insurance program. ``(c) Eligible Activities.-- ``(1) In general.--A grant under this section may be used to develop and test innovative techniques to minimize coastal erosion and preserve shorelines. ``(2) Priority.--In making grants under this section, the Director shall give a priority to eligible recipients that conduct projects to demonstrate the feasibility of techniques that-- ``(A) have application to more than 1 location; ``(B) substantially broaden the applicability of proven erosion control techniques; or ``(C) avoid permanent structural alterations and rely instead on natural designs, including the use of vegetation, or temporary structures, to accomplish their goal. ``(d) Applications.--The Director shall make grants under this section on the basis of a nationwide competition, in accordance with such application forms and procedures as the Director may establish. ``(e) Maximum Amount.--The total amount of any grant under this section may not exceed $500,000 for any project assisted under this section. ``(f) Program Requirements.-- ``(1) Matching requirements.-- ``(A) In general.--Except as provided in subparagraph (C), a grant under this section may not exceed 3 times the amount that the recipient certifies, as the Director shall require, that the recipient will contribute from non-Federal funds to carry out activities assisted with amounts provided under this section. ``(B) Non-federal funds.--For purposes of this subsection, the term `non-Federal funds' includes-- ``(i) State or local agency funds, ``(ii) any salary paid to staff to carry out the activities of the recipient, ``(iii) the value of the time and services contributed by volunteers to carry out such activities (at a rate determined by the Director), and ``(iv) the value of any donated material or building and the value of any lease on a building. ``(C) No match required for evaluation.--No non- Federal contribution is required for the conduct of evaluations under paragraph (2). ``(2) Report.--Not later than 5 years after the receipt of a grant under this section, the recipient of the grant shall transmit to the Director a report that-- ``(A) evaluates the long-term effectiveness of the techniques that were developed under this section; and ``(B) assesses any impact that such techniques have had on adjacent coastal areas. ``(g) Report to Congress.--The Director shall transmit to the Congress an annual report that-- ``(1) summarizes the erosion mitigation techniques developed pursuant to this section; ``(2) describes the status of the Coastal Erosion Control Fund established under section 1367; and ``(3) recommends any legislative or administrative action necessary to further the purpose of this section. ``(h) Authorization.--There are authorized to be appropriated to carry out this section, from the Coastal Erosion Control Fund under section 1367, $12,500,000 for each of the fiscal years 1994 through 1997.''. SEC. 3. ESTABLISHMENT OF COASTAL EROSION CONTROL FUND. Chapter III of the National Flood Insurance Act of 1968 (42 U.S.C. 4101 et seq.), as amended by section 2, is further amended by adding at the end the following new section: ``SEC. 1367. ESTABLISHMENT OF COASTAL EROSION CONTROL FUND. ``(a) In General.--The Director shall establish in the Treasury of the United States a fund to be known as the Coastal Erosion Control Fund (hereafter in this section referred to as the `Fund'), which shall be available, to the extent provided in appropriation Acts, for grants under section 1366. ``(b) Credits.--The Fund shall be credited with any premium surcharges assessed under section 1308(e).''. SEC. 4. INSURANCE PREMIUM MITIGATION SURCHARGE. (a) In General.--Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the following new subsections: ``(e) Notwithstanding any other provision of this title, the Director shall assess, with respect to each contract for flood insurance coverage under this title, an annual mitigation surcharge of $5. The surcharges shall be paid into the Coastal Erosion Control Fund under section 1367, and shall not be subject to any agents' commissions, company expenses allowances, or State or local premium taxes. ``(f) The Director shall not assess any surcharge under subsection (e) if the balance of the Fund exceeds $15,000,000. ``(g) The Director shall transmit to those who paid a surcharge under subsection (e)-- ``(1) an annual report describing the expenditures of the Fund during the preceding fiscal year; and ``(2) any unobligated funds that remain in the Fund at the end of fiscal year 1997.''. (b) Applicability.--The amendment made by subsection (a) shall apply to any contract for flood insurance under the National Flood Insurance Act of 1968 issued or renewed after the date of enactment of this Act. SEC. 5. INSURANCE RATE INCENTIVES FOR EROSION MITIGATION EFFORTS. Chapter III of the National Flood Insurance Act of 1968 (42 U.S.C. 4101 et seq.), as amended by sections 2 and 3, is further amended by adding at the end the following new section: ``SEC. 1368. INSURANCE RATE INCENTIVES FOR EROSION MITIGATION EFFORTS. ``(a) Preferred Erosion Mitigation Measures.--The Director shall evaluate the effectiveness of the erosion mitigation measures funded under section 1366 and shall publish a list of the most effective of such measures in the Federal Register. ``(b) Rate Incentives for Communities.--The Director shall provide incentives in the form of adjustments in the premium rates for flood insurance coverage in areas that the Director determines have implemented erosion mitigation measures contained in the list published pursuant to subsection (a).''.", "summary": "Local Innovation and Coastal Protection Act of 1993 - Amends the National Flood Insurance Act of 1968 to require the Director of the Federal Emergency Management Agency to make grants ($500,000 maximum with matching fund requirements) from the Coastal Erosion Control Fund (established by this Act) to States and qualifying communities for an erosion mitigation demonstration program. Gives grant priority to projects that: (1) have multiple location applicability; (2) broaden existing erosion control techniques; or (3) rely on natural designs rather than structural alterations. Authorizes appropriations. Establishes in the Treasury the Coastal Erosion Control Fund. Requires the Director to: (1) assess an annual five-dollar flood insurance premium mitigation surcharge to be paid into such Fund, unless the Fund's balance exceeds $15 million; (2) evaluate and publish a list of the most effective erosion mitigation measures; and (3) provide flood insurance rate incentives for erosion mitigation efforts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead-Safe Housing for Kids Act of 2016''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Department'' means the Department of Housing and Urban Development; (2) the term ``housing receiving Federal assistance''-- (A) means housing that-- (i) except as provided in subparagraph (B), is covered by an application for mortgage insurance from the Department; (ii) receives housing assistance payments under a program administered by the Department; or (iii) otherwise receives more than $5,000 in project-based assistance under a Federal housing program administered by a Federal agency other than the Department; and (B) does not include-- (i) single-family housing covered by an application for mortgage insurance from the Federal Housing Administration; or (ii) multi-family housing that-- (I) is covered by an application for mortgage insurance from the Federal Housing Administration; and (II) does not receive any other Federal housing assistance; (3) the term ``public housing agency'' means an agency described in section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)); and (4) the term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 3. UPDATES TO LEAD-CONTAMINATED DUST AND LEAD-CONTAMINATED SOIL STANDARDS. (a) EPA Regulations.--Not later than 120 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Director of the Centers for Disease Control and Prevention, shall promulgate regulations to update the standards for lead-contaminated dust and lead-contaminated soil under part 745 of title 40, Code of Federal Regulations, in accordance with health-based standards. (b) HUD Regulations.--The Secretary shall promptly promulgate regulations to update the standards for lead-contaminated dust and lead-contaminated soil under part 35 of title 24, Code of Federal Regulations, in accordance with the regulations promulgated by the Administrator of the Environmental Protection Agency under subsection (a). SEC. 4. AMENDMENTS TO RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OF 1992. (a) In General.--Section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b) is amended-- (1) by redesignating paragraphs (6) through (27) as paragraphs (7) through (28), respectively; (2) by inserting after paragraph (5) the following: ``(6) Elevated blood lead level.--The term `elevated blood lead level' means the lower of-- ``(A) 5 mg/dL (micrograms of lead per deciliter); or ``(B) the most recent definition for elevated blood lead level or reference range level in children ages 1 through 5 years set by the Centers for Disease Control and Prevention.''; and (3) in paragraph (28), as so redesignated, by striking ``or any 0-bedroom dwelling''. (b) Relation to Other Authorities.--Nothing in this Act or the amendments made by this Act shall be construed to affect the authority of the Environmental Protection Agency under section 403 of the Toxic Substances Control Act (15 U.S.C. 2683). (c) Regulations.--Not later than 120 days after the date of enactment of this Act, the Secretary shall amend the regulations of the Department to comply with the amendments made by subsection (a). SEC. 5. AMENDMENTS TO THE LEAD-BASED PAINT POISONING PREVENTION ACT. Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(a)) is amended by adding at the end the following: ``(5) Additional procedures for families with children under the age of 6.-- ``(A) Risk assessment.-- ``(i) Definition.--In this section, the term `covered housing'-- ``(I) means housing receiving Federal assistance described in paragraph (1) that was constructed prior to 1978; and ``(II) does not include-- ``(aa) single-family housing covered by an application for mortgage insurance from the Federal Housing Administration; or ``(bb) multi-family housing that-- ``(AA) is covered by an application for mortgage insurance from the Federal Housing Administration; and ``(BB) does not receive any other Federal housing assistance. ``(ii) Regulations.--Not later than 120 days after the date of enactment of the Lead- Safe Housing for Kids Act of 2016, the Secretary shall promulgate regulations that-- ``(I) require an initial risk assessment for all covered housing in which a family with a child of less than 6 years of age will reside or be expected to reside for lead-based paint hazards prior to occupancy by the family; and ``(II) provide that a visual assessment is not sufficient for purposes of complying with subclause (I). ``(iii) Exception.--The regulations promulgated under clause (ii) shall provide an exception to the requirement under subclause (I) of such clause for covered housing-- ``(I) from which all lead-based paint has been identified and removed and clearance has been achieved in accordance with section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682 and 2684), as applicable; or ``(II) in accordance with any other standard or exception the Secretary deems appropriate. ``(B) Relocation.--Not later than 120 days after the date of enactment of the Lead-Safe Housing for Kids Act of 2016, the Secretary shall promulgate regulations to provide that a family with a child of less than 6 years of age that occupies a dwelling unit in covered housing may relocate on an emergency basis, and without placement on any waitlist, penalty, or lapse in assistance, to another unit of covered housing that has no lead-based paint hazards if-- ``(i) lead-based paint hazards were identified in the dwelling unit; or ``(ii)(I) lead-based hazards were identified in the dwelling unit; and ``(II) the blood lead level for the child is an elevated blood lead level, as defined in section 1004(6) of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b(6)).''. SEC. 6. GAO REPORTS ON LEAD HAZARDS IN FEDERALLY ASSISTED HOUSING. (a) Initial Report.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress an initial report on lead hazards in housing receiving Federal assistance, which shall analyze the implications of-- (1) changing Department regulations to align with the Centers for Disease Control and Prevention guidance; and (2) requiring a risk assessment (beyond a visual assessment) for initial and periodic inspections for lead-based paint hazards for all housing receiving Federal assistance, and the impact it would have on landlord participation and the stock of affordable housing. (b) Subsequent Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on lead hazards in housing receiving Federal assistance, which shall-- (1) analyze whether existing Federal programs and Federal funding for lead hazard control activities in housing receiving Federal assistance meet the current and evolving needs, and if not, the merits of identifying and providing dedicated funds within new or existing Federal programs to conduct lead hazard control activities; (2) evaluate the financial and social cost of lead-based paint hazard prevention and lead hazard control activities, and provide recommendations on how to improve coordination and leveraging of public and private funds, including private investments and tax incentives, to reduce the cost associated with the identification and remediation of lead hazards and expedite home remediation; (3) identify existing partnerships with public housing agencies and public health agencies in addressing lead-based paint hazards, what gaps exist in compliance and enforcement, and whether the partnerships can be replicated and enhanced with dedicated funding and better data collection and dissemination among stakeholders; and (4) examine the appropriateness and efficacy of existing Department protocols on reducing or abating lead-based paint hazards and whether they are aligned with specific environmental health scenarios to ensure the best and appropriate health outcomes and reduce further exposure. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as may be necessary for each of fiscal years 2017 through 2021.", "summary": "Lead-Safe Housing for Kids Act of 2016 This bill directs the Environmental Protection Agency and the Department of Housing and Urban Development (HUD) to promulgate regulations to update the standards for lead-contaminated dust and lead-contaminated soil, in accordance with health-based standards. The Residential Lead-Based Paint Hazard Reduction Act of 1992 is amended to define elevated blood lead level as the lower of: 5 mg/dL (micrograms of lead per deciliter), or the most recent definition for elevated blood lead level or reference range level in children ages 1 through 5 set by the Centers for Disease Control and Prevention. The bill also removes 0-bedroom housing from the definition of target housing. The Lead-Based Paint Poisoning Prevention Act is amended to direct HUD to promulgate regulations that: require an initial lead-based paint hazard risk assessment before a family with a child under age six occupies certain housing, unless lead-based paint has already been removed; and state that a visual assessment is not sufficient for these purposes. These regulations shall apply to housing receiving federal assistance that was constructed before 1978, but exclude: single-family housing covered by an application for mortgage insurance from the Federal Housing Administration, or multi-family housing covered by such an application but does not receive any other federal housing assistance. HUD regulations shall also require emergency relocation of such families, without placement on a waitlist, penalty, or lapse in assistance, to another unit of covered housing that has no lead-based paint hazards. The Government Accountability Office shall report to Congress on lead hazards in federally assisted housing."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Uranium Resources Stewardship Act'' or ``URSA''. SEC. 2. FEDERAL LANDS URANIUM LEASING. The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following new section: ``SEC. 44. LEASING OF LANDS FOR URANIUM MINING. ``(a) In General.-- ``(1) Withdrawal from entry; leasing requirement.-- Effective upon the date of enactment of the Uranium Resources Stewardship Act, all Federal lands are hereby permanently withdrawn from location and entry under section 2319 of the Revised Statutes (30 U.S.C. 22 et seq.) for uranium. After the end of the 2-year period beginning on such date of enactment, no uranium may be produced from Federal lands except pursuant to a lease issued under this Act. ``(2) Leasing.--The Secretary-- ``(A) may divide any lands subject to this Act that are not withdrawn from mineral leasing and that are otherwise available for uranium leasing under applicable law, including lands available under the terms of land use plans prepared by the Federal agency managing the land, into leasing tracts of such size as the Secretary finds appropriate and in the public interest; and ``(B) thereafter shall, in the Secretary's discretion, upon the request of any qualified applicant or on the Secretary's own motion, from time to time, offer such lands for uranium leasing and award uranium leases thereon by competitive bidding. ``(b) Fair Market Value Required.-- ``(1) In general.--No bid for a uranium lease shall be accepted that is less than the fair market value, as determined by the Secretary, of the uranium subject to the lease. ``(2) Public comment.--Prior to the Secretary's determination of the fair market value of the uranium subject to the lease, the Secretary shall give opportunity for and consideration to public comments on the fair market value. ``(3) Disclosure not required.--Nothing in this section shall be construed to require the Secretary to make public the Secretary's judgment as to the fair market value of the uranium to be leased, or the comments the Secretary receives thereon prior to the issuance of the lease. ``(c) Lands Under the Jurisdiction of Other Agencies.--Leases covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only-- ``(1) upon consent of the head of the other Federal agency; and ``(2) upon such conditions the head of such other Federal agency may prescribe with respect to the use and protection of the nonmineral interests in those lands. ``(d) Consideration of Effects of Mining.--Before issuing any uranium lease, the Secretary shall consider effects that mining under the proposed lease might have on an impacted community or area, including impacts on the environment, on agricultural, on cultural resources, and other economic activities, and on public services. ``(e) Notice of Proposed Lease.--No lease sale shall be held for lands until after a notice of the proposed offering for lease has been given once a week for three consecutive weeks in a newspaper of general circulation in the county in which the lands are situated, or in electronic format, in accordance with regulations prescribed by the Secretary. ``(f) Auction Requirements.--All lands to be leased under this section shall be leased to the highest responsible qualified bidder-- ``(1) under general regulations; ``(2) in units of not more than 2,560 acres that are as nearly compact as possible; and ``(3) by oral bidding. ``(g) Required Payments.-- ``(1) In general.--A lease under this section shall be conditioned upon the payment by the lessee of-- ``(A) a royalty at a rate of not less than 12.5 percent in amount or value of the production removed or sold under the lease; and ``(B) a rental of-- ``(i) not less than $2.50 per acre per year for the first through fifth years of the lease; and ``(ii) not less than $3 per acre per year for each year thereafter. ``(2) Use of revenues.--Amounts received as revenues under this subsection with respect to a lease may be used by the Secretary of the Interior, subject to the availability of appropriations, for cleaning up uranium mill tailings and reclaiming abandoned uranium mines on Federal lands in accordance with the priorities and eligibility restrictions, respectively, under subsections (c) and (d) of section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a). ``(h) Lease Term.--A lease under this section-- ``(1) shall be effective for a primary term of 10 years; and ``(2) shall continue in effect after such primary term for so long is as uranium is produced under the lease in paying quantities. ``(i) Exploration Licenses.-- ``(1) In general.--The Secretary may, under such regulations as the Secretary may prescribe, issue to any person an exploration license. No person may conduct uranium exploration for commercial purposes on lands subject to this Act without such an exploration license. Each exploration license shall be for a term of not more than two years and shall be subject to a reasonable fee. An exploration license shall confer no right to a lease under this Act. The issuance of exploration licenses shall not preclude the Secretary from issuing uranium leases at such times and locations and to such persons as the Secretary deems appropriate. No exploration license may be issued for any land on which a uranium lease has been issued. A separate exploration license shall be required for exploration in each State. An application for an exploration license shall identify general areas and probable methods of exploration. Each exploration license shall be limited to specific geographic areas in each State as determined by the Secretary, and shall contain such reasonable conditions as the Secretary may require, including conditions to ensure the protection of the environment, and shall be subject to all applicable Federal, State, and local laws and regulations. Upon violation of any such conditions or laws the Secretary may revoke the exploration license. ``(2) Limitations.--A licensee may not cause substantial disturbance to the natural land surface. A licensee may not remove any uranium for sale but may remove a reasonable amount of uranium from the lands subject to this Act included under the Secretary's license for analysis and study. A licensee must comply with all applicable rules and regulations of the Federal agency having jurisdiction over the surface of the lands subject to this Act. Exploration licenses covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only upon such conditions as it may prescribe with respect to the use and protection of the nonmineral interests in those lands. ``(3) Sharing of data.--The licensee shall furnish to the Secretary copies of all data (including geological, geophysical, and core drilling analyses) obtained during such exploration. The Secretary shall maintain the confidentiality of all data so obtained until after the areas involved have been leased or until such time as the Secretary determines that making the data available to the public would not damage the competitive position of the licensee, whichever comes first. ``(4) Exploration without a license.--Any person who willfully conducts uranium exploration for commercial purposes on lands subject to this Act without an exploration license issued under this subsection shall be subject to a fine of not more than $1,000 for each day of violation. All data collected by such person on any Federal lands as a result of such violation shall be made immediately available to the Secretary, who shall make the data available to the public as soon as it is practicable. No penalty under this subsection shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. ``(j) Conversion of Mining Claims to Mineral Leases.-- ``(1) In general.--The owner of any mining claim (in this subsection referred to as a `claimant') located prior to the date of enactment of the Uranium Resources Stewardship Act may, within two years after such date, apply to the Secretary of the Interior to convert the claim to a lease under this section. The Secretary shall issue a uranium lease under this section to the claimant upon a demonstration by the claimant, to the satisfaction of the Secretary, within one year after the date of the application to the Secretary, that the claim was, as of such date of enactment, supported by the discovery of a valuable deposit of uranium on the claimed land. The holder of a lease issued upon conversion from a mining claim under this subsection shall be subject to all the requirements of this section governing uranium leases, except that the holder shall pay a royalty of 6.25 percent on the value of the uranium produced under the lease, until beginning ten years after the date the claim is converted to a lease. ``(2) Other claims extinguished.--All mining claims located for uranium on Federal lands whose claimant does not apply to the Secretary for conversion to a lease, or whose claimant cannot make such a demonstration of discovery, shall become null and void by operation of law three years after such date of enactment.''.", "summary": "Uranium Resources Stewardship Act or URSA - Amends the Mineral Leasing Act to: (1) withdraw all federal lands permanently from location and entry for uranium, and (2) prescribe a uranium leasing program for such lands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Tragedies Between Police and Communities Act of 2016''. SEC. 2. TRAINING ON DE-ESCALATION FOR LAW ENFORCEMENT. (a) Training Requirement.--For each fiscal year after the expiration of the period specified in subsection (d) in which a State or unit of local government receives a grant under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State or unit of local government shall require that all individuals enrolled in an academy of a law enforcement agency of the State or unit of local government and all law enforcement officers of the State or unit of local government fulfill a training session on de- escalation techniques each fiscal year, including-- (1) the use of alternative non-lethal methods of applying force and techniques that prevent the officer from escalating any situation where force is likely to be used; (2) verbal and physical tactics to minimize the need for the use of force, with an emphasis on communication, negotiation, de-escalation techniques, providing the time needed to resolve the incident safely for everyone; (3) the use of the lowest level of force that is a possible and safe response to an identified threat, then re-evaluating the threat as it progresses; (4) techniques that provide all officers with awareness and recognition of mental health and substance abuse issues with an emphasis on communication strategies, training officers simultaneously in teams on de-escalation and use of force to improve group dynamics and diminish excessive use of force during critical incidents; (5) principles of using distance, cover, and time when approaching and managing critical incidents, and elimination of the use of concepts like the ``21-foot rule'' and ``drawing a line in the sand'' in favor of using distance and cover to create a ``reaction gap''; (6) crisis intervention strategies to appropriately identify and respond to individuals suffering from mental health or substance abuse issues, with an emphasis on de- escalation tactics and promoting effective communication; and (7) other evidence-based approaches, found to be appropriate by the Attorney General, that enhance de-escalation skills and tactics, such as the Critical Decision-Making Model and scenario based trainings. In the case of individuals attending an academy, such training session shall be for such an appropriate amount of time as to ensure academy participants receive effective training under this subsection and in the case of all other law enforcement officers, the training session shall be for an appropriate amount of time as to ensure officers receive effective training under this subsection. The State or unit of local government shall certify to the Attorney General of the United States that such training sessions have been completed. (b) Scenario-Based Training.--Training described in subsection (a) shall be conducted with an emphasis on training that employs theories of de-escalation techniques and applies them to practical on-the-job scenarios that regularly face law enforcement officers. (c) Cross-Training.--To the extent practicable, principles of training as described in subsection (a) shall be applied to other training conducted at the academy. (d) Compliance and Ineligibility.-- (1) Compliance date.--Beginning not later than 1 year after the date of this Act, each State or unit of local government receiving a grant shall comply with subsection (a), except that the Attorney General may grant an additional 6 months to a State or unit of local government that is making good faith efforts to comply with such subsection. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State or unit of local government that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 20-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State or unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (e) Reallocation.--Amounts not allocated under a program referred to in subsection (b)(2) to a State or unit of local government for failure to fully comply with subsection (a) shall be reallocated under that program to States and units of local government that have not failed to comply with such subsection. (f) Evidence-Based Practices.--For purposes of subsection (a)(4), the Attorney General shall maintain a list of evidence-based practices it determines is successful in enhancing de-escalation skills of law enforcement officers. The Attorney General shall regularly update this list as needed and shall publish the list to the public on a yearly basis. SEC. 3. DATA COLLECTION. The Attorney General shall collect data on efforts undertaken by Federal fund recipients to enhance de-escalation training for law enforcement officers. SEC. 4. AFFIRMATIVE DUTY TO USE DE-ESCALATION TACTICS WHEN AVAILABLE. (a) In General.--In the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), if that State or unit of local government fails by the end of a fiscal year to enact or have in effect laws, policies, or procedures that sets forth an affirmative duty on a law enforcement officer of that State or unit of local government, whenever possible, to employ de-escalation techniques in which the officer has received training required under section 2(a), the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program in the following fiscal year by 15 percent. (b) Reallocation.--Amounts not allocated under a program referred to in subsection (a) to a State or unit of local government for failure to be in compliance with this section shall be reallocated under that program to States and units of local government that are in compliance with this section. SEC. 5. ATTORNEY GENERAL GUIDANCE. Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue guidance, for the benefit of States and units of local government, on compliance with the requirements of this Act.", "summary": "Preventing Tragedies Between Police and Communities Act of 2016 This bill requires a state or local government that receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to train law enforcement officers on de-escalation techniques. The Department of Justice (DOJ) may reduce by up to 20% the JAG allocation of a state or local government that fails to comply. DOJ must collect data on the efforts of state and local governments to enhance de-escalation training for law enforcement officers. Additionally, a state or local government that receives JAG program funding must enact a law, policy, or procedure that establishes an affirmative duty on a law enforcement officer to use de-escalation techniques. DOJ must reduce by 15% the JAG allocation of a state or local government that fails to enact such law, policy, or procedure. DOJ must issue guidance on compliance with these requirements."}
{"article": "SECTION 1. DEFINITIONS. Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended-- (1) by redesignating-- (A) paragraphs (1) through (4) as paragraphs (2) through (5), respectively; (B) paragraphs (5) through (10) as paragraphs (7) through (12), respectively; and (C) paragraphs (12) through (21) as paragraphs (13) through (22), respectively; (2) by adding before paragraph (2) (as so redesignated) the following: ``(1) Affected parties.--The term `affected party' means any person, including a business entity, or any State, tribal government, or local subdivision the rights of which may be affected by a determination made under section 4(a) in a suit brought under section 11(g)(1)(C).''; and (3) by adding after paragraph (5) (as so redesignated) the following: ``(6) Covered settlement.--The term `covered settlement' means a consent decree or a settlement agreement in an action brought under section 11(g)(1)(C).''. SEC. 2. INTERVENTION; APPROVAL OF COVERED SETTLEMENT. Section 11(g) of the Endangered Species Act of 1973 (16 U.S.C. 1540) is amended-- (1) in paragraph (3), by adding at the end the following: ``(C) Publishing complaint; intervention.-- ``(i) Publishing complaint.-- ``(I) In general.--Not later than 30 days after the date on which the plaintiff serves the defendant with the complaint in an action brought under paragraph (1)(C) in accordance with Rule 4 of the Federal Rules of Civil Procedure, the Secretary of the Interior shall publish the complaint in a readily accessible manner, including electronically. ``(II) Failure to meet deadline.-- The failure of the Secretary to meet the 30-day deadline described in subclause (I) shall not be the basis for an action under paragraph (1)(C). ``(ii) Intervention.-- ``(I) In general.--After the end of the 30-day period described in clause (i), each affected party shall be given a reasonable opportunity to move to intervene in the action described in clause (i), until the end of which a party may not file a motion for a consent decree or to dismiss the case pursuant to a settlement agreement. ``(II) Rebuttable presumption.--In considering a motion to intervene by any affected party, the court shall presume, subject to rebuttal, that the interests of that party would not be represented adequately by the parties to the action described in clause (i). ``(III) Referral to alternative dispute resolution.-- ``(aa) In general.--If the court grants a motion to intervene in the action, the court shall refer the action to facilitate settlement discussions to-- ``(AA) the mediation program of the court; or ``(BB) a magistrate judge. ``(bb) Parties included in settlement discussions.--The settlement discussions described in item (aa) shall include each-- ``(AA) plaintiff; ``(BB) defendant agency; and ``(CC) intervenor.''; (2) by striking paragraph (4) and inserting the following: ``(4) Litigation costs.-- ``(A) In general.--Except as provided in subparagraph (B), the court, in issuing any final order in any suit brought under paragraph (1), may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. ``(B) Covered settlement.-- ``(i) Consent decrees.--The court shall not award costs of litigation in any proposed covered settlement that is a consent decree. ``(ii) Other covered settlements.-- ``(I) In general.--For a proposed covered settlement other than a consent decree, the court shall ensure that the covered settlement does not include payment to any plaintiff for the costs of litigation. ``(II) Motions.--The court shall not grant any motion, including a motion to dismiss, based on the proposed covered settlement described in subclause (I) if the covered settlement includes payment to any plaintiff for the costs of litigation.''; and (3) by adding at the end the following: ``(6) Approval of covered settlement.-- ``(A) Definition of species.--In this paragraph, the term `species' means a species that is the subject of an action brought under paragraph (1)(C). ``(B) In general.-- ``(i) Consent decrees.--The court shall not approve a proposed covered settlement that is a consent decree unless each State and county in which the Secretary of the Interior believes a species occurs approves the covered settlement. ``(ii) Other covered settlements.-- ``(I) In general.--For a proposed covered settlement other than a consent decree, the court shall ensure that the covered settlement is approved by each State and county in which the Secretary of the Interior believes a species occurs. ``(II) Motions.--The court shall not grant any motion, including a motion to dismiss, based on the proposed covered settlement described in subclause (I) unless the covered settlement is approved by each State and county in which the Secretary of the Interior believes a species occurs. ``(C) Notice.-- ``(i) In general.--The Secretary of the Interior shall provide each State and county in which the Secretary of the Interior believes a species occurs notice of a proposed covered settlement. ``(ii) Determination of relevant states and counties.--The defendant in a covered settlement shall consult with each State described in clause (i) to determine each county in which the Secretary of the Interior believes a species occurs. ``(D) Failure to respond.--The court may approve a covered settlement or grant a motion described in subparagraph (B)(ii)(II) if, not later than 45 days after the date on which a State or county is notified under subparagraph (C)-- ``(i)(I) a State or county fails to respond; and ``(II) of the States or counties that respond, each State or county approves the covered settlement; or ``(ii) all of the States and counties fail to respond. ``(E) Proof of approval.--The defendant in a covered settlement shall prove any State or county approval described in this paragraph in a form-- ``(i) acceptable to the State or county, as applicable; and ``(ii) signed by the State or county official authorized to approve the covered settlement.''.", "summary": "Amends the Endangered Species Act of 1973 to require the Secretary of the Interior, within 30 days after being served with a complaint in an action alleging a failure to perform an act or duty related to an endangered species or threatened species determination, to publish the complaint. Prohibits the failure of the Secretary to meet such deadline from being the basis for such an action. Sets forth requirements concerning the intervention in such actions by affected parties and referral to a mediation program. Authorizes the court, in issuing any final order in such an action, to award litigation costs to any party. Prohibits the court from: (1) awarding litigation costs in any proposed covered settlement, (2) granting a motion that is based on a proposed covered settlement or other consent decree that includes payment for litigation costs, (3) approving a proposed covered settlement unless each state and county in which the Secretary believes a species occurs approves it, or (4) granting a motion that is based on a proposed covered settlement unless such settlement is approved by each such state and county. Requires the courts to ensure that such a settlement is approved by each such state and county. Requires the Secretary to provide notice of a proposed covered settlement to each such state and county. Authorizes a court to approve such a settlement or grant such a motion if, within 45 days of notification, a: (1) state or county fails to respond, and (2) each state or county that responds approves the covered settlement, or (3) all of the states and counties fail to respond."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Propaganda Prohibition Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Investigations in 2004 and 2005 by the Government Accountability Office revealed that appropriated funds have been used in more than one Federal agency to fund ``covert propaganda'' that is ``misleading as to source''. (2) An independent investigation revealed that the Department of Education paid a conservative commentator to speak in support of the No Child Left Behind Act during his television and radio appearances. (3) The American public has been subjected to receiving millions of dollars worth of messages in print, television, radio, and in person without being informed that the sources are not independent. (4) There is not enough information about Federal public relations and advertising efforts to allow for consistent oversight by Congress. (b) Purposes.--The purposes of this Act are-- (1) to ensure that advertising and public relations campaigns paid for with Federal appropriations are unbiased and factual, and do not contain a political message or covert propaganda; (2) to increase the oversight and evaluation of advertising campaigns paid for by the Federal Government by requiring that agencies provide notice to the appropriate congressional committees of all public relations, media relations, and advertising contracts; (3) to require that all public relations and media outreach tools developed by Federal agencies inform the target audience of the source of funding for the message; and (4) to make permanent the prohibition against spending Federal funds on publicity and propaganda that has been included in appropriations Acts since 1951. SEC. 3. NOTIFICATION TO CONGRESS REGARDING CERTAIN CONTRACTS. (a) Requirement to Notify Congress Regarding Certain Contracts.-- Not later than 30 days after entering into a covered contract, an Executive agency shall submit to each covered congressional committee a written notification containing the name of the contractor, the amount of the contract, the purpose of the contract, a summary of the statement of work for the contract, and any other information the agency considers relevant. (b) Requirement to Submit Other Information Upon Request.--Upon request by the Comptroller General or the chairman or ranking minority member of any covered congressional committee, an Executive agency that provided a notification under subsection (a) for a covered contract shall provide to the person making the request-- (1) a copy of the covered contract; (2) any modifications to the covered contract; and (3) any materials produced under the covered contract. (c) Covered Contracts.--In this section, the term ``covered contract'' means a contract with an Executive agency for public relations, media relations, advertising, or public opinion research services, or any subcontract for such services under a Federal contract. (d) Covered Congressional Committees.--In this section, the term ``covered congressional committee'', with respect to a notification submitted by an Executive agency under subsection (a), means each of the following: (1) The Committee on Government Reform of the House of Representatives. (2) The Committee on Governmental Affairs and Homeland Security of the Senate. (3) The Committee on Appropriations of the House of Representatives. (4) The Committee on Appropriations of the Senate. (5) Each authorizing committee of the House of Representatives and the Senate with jurisdiction over the Executive agency submitting the notification. (e) Executive Agency.--In this section, the term ``Executive agency'' has the meaning provided in section 105 of title 5, United States Code. SEC. 4. PROHIBITION ON UNAUTHORIZED EXPENDITURE OF FUNDS FOR PUBLICITY OR PROPAGANDA PURPOSES. (a) Prohibition.--Chapter 13 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 1355. Prohibition on unauthorized expenditure of funds for publicity or propaganda purposes ``(a) Prohibition.--An officer or employee of the United States Government may not make or authorize an expenditure or obligation of funds for publicity or propaganda purposes within the United States unless authorized by law. ``(b) Penalties.-- ``(1) Adverse personnel action.--An officer or employee of the United States Government violating subsection (a) shall be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office. ``(2) Criminal penalty.--An officer or employee of the United States Government knowingly and willfully violating subsection (a) shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.''. (b) Clerical Amendment.--The table of sections for chapter 13 of such title is amended by adding at the end the following new item: ``1355. Prohibition on unauthorized expenditure of funds for publicity or propaganda purposes.''. SEC. 5. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL FEDERAL ADVERTISING OR OTHER COMMUNICATION MATERIALS. (a) Requirement.--Each advertisement or other communication paid for by an Executive agency, either directly or through a contract awarded by the Executive agency, shall include a prominent notice informing the target audience that the advertisement or other communication is paid for by that Executive agency. (b) Advertisement or Other Communication.--In this section, the term ``advertisement or other communication'' includes-- (1) an advertisement disseminated in any form, including print or by any electronic means; and (2) a communication by an individual in any form, including speech, print, or by any electronic means. (c) Executive Agency.--In this section, the term ``Executive agency'' has the meaning provided in section 105 of title 5, United States Code.", "summary": "Federal Propaganda Prohibition Act of 2005 - Requires an Executive agency, not later than 30 days after entering into a contract for public relations, media relations, advertising, or public opinion research services, to submit in writing to specified congressional committees the contractor's name, the amount and the purpose of the contract, a summary of the contract, other relevant information, and, upon request: (1) a copy of the covered contract; (2) any contract modifications; and (3) any materials produced under the contract. Prohibits an officer or employee of the U.S. Government from making or authorizing an expenditure or obligation of funds for publicity or propaganda within the United States unless authorized by law. Imposes penalties. Requires each advertisement or other communication paid for by an Executive agency to include a prominent notice that the advertisement or other communication is paid for by that agency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Urban Search and Rescue Response System Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to clarify and codify the authority of the Administrator of the Federal Emergency Management Agency to administer the National Urban Search and Rescue Response System for Federal response to all hazards. SEC. 3. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. (a) In General.--Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the following: ``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the Federal Emergency Management Agency. ``(2) Agency.--The term `Agency' means the Federal Emergency Management Agency. ``(3) Hazard.--The term `hazard' has the meaning given that term by section 602. ``(4) Participating agency.--The term `participating agency' means a State or local government, nonprofit organization, or private organization that has executed an agreement with a sponsoring agency to participate in the System. ``(5) Sponsoring agency.--The term `sponsoring agency' means a State or local government that is the sponsor of a task force designated by the Administrator to participate in the System. ``(6) System.--The term `System' means the National Urban Search and Rescue Response System to be administered under this section. ``(7) System member.--The term `System member' means an individual who is not a regular full-time employee of the Federal Government, who serves on a task force or on a System management or other technical team. ``(8) Task force.--The term `task force' means an urban search and rescue team designated by the Administrator to participate in the System. ``(b) General Authority.--Subject to the requirements of this section, the Administrator shall continue to administer the emergency response system known as the `National Urban Search and Rescue Response System'. ``(c) Functions.--In administering the System, the Administrator shall provide for a national network of standardized search and rescue resources to assist States and local governments in responding to hazards. ``(d) Task Forces.-- ``(1) Designation.--The Administrator shall designate task forces to participate in the System. The Administrator shall determine the criteria for such participation. ``(2) Sponsoring agencies.--Each task force shall have a sponsoring agency. The Administrator shall enter into an agreement with the sponsoring agency of each task force with respect to the participation of the task force in the System. ``(3) Composition.-- ``(A) Participating agencies.--A task force may include, at the discretion of the sponsoring agency of the task force, one or more participating agencies. The sponsoring agency of a task force shall enter into an agreement with each participating agency of the task force with respect to the participation of the participating agency on the task force. ``(B) Other individuals.--A task force may also include, at the discretion of the sponsoring agency of the task force, other individuals not otherwise associated with the sponsoring agency or a participating agency of the task force. The sponsoring agency of a task force may enter into a separate agreement with each such individual with respect to the participation of the individual on the task force. ``(e) Management and Technical Teams.--The Administrator shall maintain such management teams and other technical teams as the Administrator determines are necessary to administer the System. ``(f) Appointment of System Members Into Federal Service.-- ``(1) In general.--The Administrator may appoint a System member into Federal service for a period of service to provide for the participation of the System member in exercises, preincident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by the Administrator. ``(2) Nonapplicability of certain civil service laws.--The Administrator may make appointments under paragraph (1) without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. ``(3) Relationship to other authorities.--The authority of the Administrator to make appointments under this subsection shall not affect any other authority of the Administrator under this Act. ``(4) Limitation.--A System member who is appointed into Federal service under paragraph (1) shall not be deemed an employee of the United States for purposes other than those specifically set forth in this section. ``(g) Compensation.-- ``(1) Pay of system members.--Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force-- ``(A) to reimburse each employer of a System member on the task force for compensation paid by the employer to the System member for any period during which the System member is appointed into Federal service under subsection (f)(1); and ``(B) as appropriate, in lieu of providing reimbursement to an employer of a System member on the task force under subparagraph (A), to make payments directly to the System member for any period during which the System member is appointed into Federal service under subsection (f)(1). ``(2) Reimbursement for employees filling positions of system members.-- ``(A) In general.--Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force to reimburse each employer of a System member on the task force for compensation paid by the employer to an employee filling a position normally filled by the System member for any period during which the System member is appointed into Federal service under subsection (f)(1). ``(B) Limitation.--Costs incurred by an employer shall be eligible for reimbursement under subparagraph (A) only to the extent that the costs are in excess of the costs that would have been incurred by the employer had the System member not been appointed into Federal service under subsection (f)(1). ``(3) Method of payment.--A System member shall not be entitled to pay directly from the Agency for a period during which the System member is appointed into Federal service under subsection (f)(1). ``(h) Personal Injury, Illness, Disability, or Death.-- ``(1) In general.--A System member who is appointed into Federal service under subsection (f)(1) and who suffers personal injury, illness, disability, or death as a result of a personal injury sustained while acting in the scope of such appointment shall, for the purposes of subchapter I of chapter 81 of title 5, United States Code, be treated as though the member were an employee (as defined by section 8101 of that title) who had sustained the injury in the performance of duty. ``(2) Election of benefits.-- ``(A) In general.--If a System member (or, in the case of the death of the System member, the System member's dependent) is entitled-- ``(i) under paragraph (1) to receive benefits under subchapter I of chapter 81 of title 5, United States Code, by reason of personal injury, illness, disability, or death, and ``(ii) to receive benefits from a State or local government by reason of the same personal injury, illness, disability, or death, the System member or dependent shall elect to receive either the benefits referred to in clause (i) or (ii). ``(B) Deadline.--A System member or dependent shall make an election of benefits under subparagraph (A) not later than one year after the date of the personal injury, illness, disability, or death that is the reason for the benefits or until such later date as the Secretary of Labor may allow for reasonable cause shown. ``(C) Effect of election.--An election of benefits made under this paragraph is irrevocable unless otherwise provided by law. ``(3) Reimbursement for state or local benefits.--Subject to such terms and conditions as the Administrator may impose by regulation, in the event that a System member or dependent elects benefits from a State or local government under paragraph (2)(A), the Administrator shall reimburse the State or local government for the value of those benefits. ``(i) Liability.--A System member appointed into Federal service under subsection (f)(1), while acting within the scope of the appointment, is deemed an employee of the United States under section 1346(b) of title 28, United States Code, and chapter 171 of that title, relating to tort claims procedure. ``(j) Employment and Reemployment Rights.--With respect to a System member who is not a regular full-time employee of a sponsoring agency or participating agency, the following terms and conditions apply: ``(1) Service as a System member shall be deemed `service in the uniformed services' for purposes of chapter 43 of title 38, United States Code, relating to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such persons and procedures for assistance, enforcement, and investigation shall be as provided for in such chapter. ``(2) Preclusion of giving notice of service by necessity of appointment under this section shall be deemed preclusion by `military necessity' for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Administrator and shall not be subject to judicial review. ``(k) Licenses and Permits.--If a System member holds a valid license, certificate, or other permit issued by any State or other governmental jurisdiction evidencing the member's qualifications in any professional, mechanical, or other skill or type of assistance required by the System, the System member shall be deemed to be performing a Federal activity when rendering aid involving such skill or assistance during a period of appointment into Federal service under subsection (f)(1). ``(l) Advisory Committee.-- ``(1) In general.--The Administrator shall establish and maintain an advisory committee to provide expert recommendations to the Administrator in order to assist the Administrator in administering the System. ``(2) Composition.--The advisory committee shall be composed of members from geographically diverse areas, and shall include-- ``(A) the chief officer or senior executive from at least 3 sponsoring agencies; ``(B) the senior emergency manager from at least 2 States that include sponsoring agencies; and ``(C) at least one representative recommended by the leaders of the task forces. ``(3) Inapplicability of termination requirement.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee under this subsection. ``(m) Preparedness Cooperative Agreements.-- ``(1) In general.--Subject to the availability of appropriations for such purpose, the Administrator shall enter into an annual preparedness cooperative agreement with each sponsoring agency. Amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for the following purposes: ``(A) Training and exercises with other Federal, State, and local government response entities. ``(B) Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment. ``(C) Medical monitoring required for responder safety and health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the Administrator. ``(2) Availability of appropriations.--Notwithstanding section 1552(b) of title 31, United States Code, amounts made available for cooperative agreements under this subsection that are not expended shall be deposited in an Agency account and shall remain available for such agreements without fiscal year limitation. ``(n) Response Cooperative Agreements.--The Administrator shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Administrator agrees to reimburse the sponsoring agency for costs incurred by the sponsoring agency in responding to a major disaster, emergency, or other hazard as determined by the Administrator. ``(o) Obligations.--The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System. ``(p) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $52,000,000 for each of fiscal years 2009, 2010, and 2011. Such sums shall be in addition to amounts made available from the Disaster Relief Fund for response cooperative agreements entered into under subsection (n). ``(2) Administrative expenses.--The Administrator may use not to exceed 6 percent of the funds appropriated for a fiscal year pursuant to paragraph (1) for salaries, expenses, and other administrative costs incurred by the Administrator in carrying out this section.''. (b) Conforming Amendments.-- (1) Applicability of title 5, united states code.--Section 8101(1) of title 5, United States Code, is amended-- (A) in subparagraph (D) by striking ``and'' at the end; (B) in subparagraph (E) by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(F) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.''. (2) Inclusion as part of uniformed services for purposes of userra.--Section 4303 of title 38, United States Code, is amended-- (A) in paragraph (13) by inserting ``a period for which a System member of the National Urban Search and Rescue Response System is absent from a position of employment due to an appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,'' before ``, and a period''; and (B) in paragraph (16) by inserting after ``Public Health Service,'' the following: ``, System members of the National Urban Search and Rescue Response System during a period of appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,''.", "summary": "National Urban Search and Rescue Response System Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) continue to administer the National Urban Search and Rescue Response System; (2) provide for a national network of standardized search and rescue resources; (3) designate task forces to participate in the System and determine criteria for participation; and (4) enter into an agreement with the required sponsoring agency of each task force regarding participation. Sets forth provisions regarding the composition of task forces and reimbursement. Authorizes the Administrator to appoint a System member for a period of federal service to participate in sponsored or sanctioned exercises, pre-incident staging, major disaster and emergency response activities, and training events. Entitles a member who suffers personal injury, illness, disability, or death while acting in the scope of such appointment to be treated as an employee who sustained the injury in the performance of duty. Sets forth provisions regarding election of benefits, liability, employment and re-employment rights, and licenses and permits. Directs the Administrator to: (1) establish and maintain an advisory committee; and (2) enter into an annual preparedness cooperative agreement with each agency; and (3) enter into response cooperative agreements under which the Administrator agrees to reimburse agencies for emegency response costs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Confederate Commemorative Works Inventory and Joint Resource Study Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The American Civil War was fought between 1861 and 1865. (2) As early as 1864, efforts were underway to preserve places that had been the location of pivotal battles during the Civil War, even before surrender occurred. (3) The National Park Service preserves unimpaired the natural and cultural resources and values of the National Park System for the enjoyment, education, and inspiration of this and future generations, including sites dedicated to the interpretation of the American Civil War. (4) The National Park Service, the Department of Veterans Affairs, and the Department of Defense administer public lands that are responsible for Confederate commemorative works. (5) There are 147 national cemeteries in the United States. Fourteen are maintained by the Department of the Interior, through the National Park Service. The Department of Veterans Affairs, through the National Cemetery Administration, administers 131 cemeteries. The Department of Defense, through the Army, administers 2 cemeteries. (6) The Department of Defense has jurisdiction over-- (A) 10 major United States military installations named in honor of Confederate military leaders; and (B) Navy ships named after Confederate victories. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Confederate commemorative work.--The term ``Confederate commemorative work''-- (A) means any work that mentions individuals or units who participated or served in the advancement of Confederate efforts; and (B) includes the Confederate flag and any other symbols or signage that honors the Confederacy, including any monument, statue, or plaque that honors a Confederate leader, soldier, or supporter of the Confederate States of America. (2) Confederate flag.--The term ``Confederate flag''-- (A) means the national flag of the Confederacy from 1861 through 1865; and (B) includes the Stars and Bars, the Stainless Banner, the Blood-Stained Banner, the Confederate States Navy flag, the battle flag of the Army of Northern Virginia, any State or regimental flag as such flag was depicted during 1861-1865, and modern representations of the Confederate battle flag. (3) Director.--The term ``Director'' means the Director of the National Park Service. (4) Secretary concerned.--The term ``Secretary concerned'' means the Secretary of the Interior, the Secretary of Defense, and the Secretary of Veterans Affairs, each in reference to Federal land under the jurisdiction of that Secretary. SEC. 4. INVENTORY AND RESOURCE STUDY. (a) In General.--Each Secretary concerned shall-- (1) conduct a full inventory of Confederate commemorative works under the administrative jurisdiction of that Secretary; and (2) submit a copy of that inventory to the Director. (b) Contents of Study.--Using the inventories received pursuant to subsection (a), the Director shall conduct a special resource study that-- (1) examines works, commemorating and interpreting the Civil War, the commemoration thereof, the soldiers, people on the home front and battle lines, and the related locations in the United States from 1861 through 1865; and (2) identifies-- (A) a historical assessment, based on extensive research, of each inventoried Confederate commemorative work; (B) an evaluation of the suitability and feasibility of retaining the Confederate commemorative work; (C) the identification of properties that could meet criteria for listing in the National Register of Historic Places or criteria for designation as National Historic Landmarks or if the Confederate commemorative work is already on the or part of, another designation or district; (D) an evaluation of relevant historical research on, education about, interpretation of, and public awareness of the Confederate commemorative work; and (E) any other matters that the Director determines to be appropriate for this study. (c) Report.--Not later than 2 years after funds are made available for the study, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the findings of the study required under subsection (b) and any related recommendations.", "summary": "Confederate Commemorative Works Inventory and Joint Resource Study Act This bill directs the Departments of the Interior, Defense, and Veterans Affairs to each conduct a full inventory of specified Confederate commemorative works, including flags and other symbols or signage, on the public lands under their jurisdiction. Using such inventories, the National Park Service shall conduct a special resource study to examine the works commemorating and interpreting the Civil War and commemorating, with respect to such war, the soldiers, people on the home front and battle lines, and related locations in the United States from 1861-1865. Among contents required to be identified by the study are historical assessments of each work, the suitability and feasibility of retaining works, identification of properties that could meet the criteria for designation as national historic sites, and an evaluation of historical research."}
{"article": "SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Make Education Local Act of 2018''. (b) Purpose.--The purposes of this Act are as follows: (1) To give States and local communities added flexibility and control to determine how to improve academic achievement and implement education policy. (2) To reduce the administrative costs and compliance burden of Federal education programs in order to focus Federal resources on improving academic achievement. (3) To ensure that States and communities are accountable to the public and to parents for advancing the academic achievement of all students, especially disadvantaged children. (c) Definitions.-- (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.). (2) Other terms.--In this Act: (A) Accountability.--The term ``accountability'' means that public schools are answerable to parents and other taxpayers for the use of public funds and shall report student academic progress to parents and taxpayers regularly. (B) State.--The term ``State'' has the meaning given such term in section 1122(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6332(e)). (C) State management decision.--The term ``State management decision'' means a decision by a State, as determined by State Authorizing Officials or by referendum, to assume full management responsibility for the expenditure of Federal funds for certain eligible programs for the purpose of advancing, on a more comprehensive and effective basis, the educational policy of such State. (D) State authorizing officials.--The term ``State Authorizing Officials'' means the State officials who shall authorize the submission of a State management decision, and any amendments thereto, on behalf of the State. Such officials shall include not less than 2 of the following: (i) The governor of the State. (ii) The highest elected education official of the State, if any. (iii) The legislature of the State. (E) State designated officer.--The term ``State Designated Officer'' means the person designated by the State Authorizing Officials to submit to the Secretary, on behalf of the State, a State management decision, and any amendments thereto, and to function as the point-of-contact for the State for the Secretary and others relating to any responsibilities arising under this Act. SEC. 2. STATE MANAGEMENT DECISION. (a) In General.--Each State is authorized to submit to the Secretary a State management decision permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of such funds to advance the educational policy of the State. (b) Programs Eligible for Consolidation and Permissible Use of Funds.-- (1) Scope.--A State may choose to include within the scope of the State management decision of the State any program for which Congress makes funds available to the State if the program is for a purpose described in the Elementary and Education Secondary Act of 1965 (20 U.S.C. 6301). A State may not include any program funded pursuant to the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (2) Uses of funds.--Funds made available to a State pursuant to a State management decision under this Act shall be used for any educational purpose permitted by State law of the State submitting a State management decision. (3) Removal of fiscal and accounting barriers.--Each State educational agency that operates under a State management decision under this Act may modify or eliminate State fiscal and accounting barriers that prevent local educational agencies and schools from easily consolidating funds from other eligible Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements. (c) Contents of Decision.--Each State management decision shall contain-- (1) a list of eligible programs that are subject to the State management decision; (2) an assurance that the submission of the State management decision has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; (3) the duration of the State management decision; (4) an assurance that the State will use fiscal control and fund accounting procedures; (5) an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the State management decision and in consolidating and using the funds under the State management decision; (6) an assurance that in implementing the State management decision the State will seek to advance educational opportunities for the disadvantaged; (7) a description of the plan for maintaining direct accountability to parents and other citizens of the State; (8) an assurance that in implementing the State management decision, the State will seek to use Federal funds to supplement, rather than supplant, State education funding; and (9) a description of how the State will address persistently failing public schools. (d) Minimum Duration.--The duration of the State management decision shall-- (1) be greater than or equal to 5 years; and (2) be less than or equal to 10 years. (e) Review, Implementation, and Recognition by the Secretary.-- (1) In general.--The Secretary shall review the State management decision received from the State Designated Officer not more than 60 days after the date of receipt of such decision, and shall approve, with respect to permitting the State to receive the funds described in subsection (a), such State management decision unless the State management decision fails to meet the requirements under subsection (c). (2) Recognition by operation of law.--If the Secretary fails to take action within the time specified in paragraph (1), the State management decision, as submitted, shall be deemed to be approved. (f) Amendment to State Management Decision.-- (1) In general.--The State Authorizing Officials may direct the State Designated Officer to submit amendments to a State management decision that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). (2) Amendments authorized.--A State management decision that is in effect may be amended to-- (A) expand the scope of such State management decision to encompass additional eligible programs; (B) reduce the scope of such State management decision by excluding coverage of a Federal program included in the original State management decision; (C) modify the duration of such State management decision; or (D) achieve such other modifications as the State Authorizing Officials deem appropriate. (3) Effective date.--The amendment shall specify an effective date. Such effective date shall provide adequate time to assure full compliance with Federal program requirements relating to an eligible program that has been removed from the coverage of the State management decision by the proposed amendment. (4) Treatment of program funds withdrawn from state management decision.--Beginning on the effective date of an amendment executed under paragraph (2)(B), each program requirement of each program removed from the State management decision shall apply to the State's use of funds made available under the program. SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION. (a) In General.--Each State operating under a State management decision under this Act shall inform parents and the general public regarding the student achievement assessment system, demonstrating student progress relative to the State's determination of student proficiency, as described in paragraph (2), for the purpose of public accountability to parents and taxpayers. (b) Accountability System.-- (1) In general.--The State shall determine and establish an accountability system to ensure accountability under this Act. (2) Academic achievement.--Any accountability system established by a State pursuant paragraph (1) shall-- (A) be focused on the academic achievement of students; and (B) include a system, as determined by the State, of evaluating the academic achievement and progress of students. (c) Report on Student Progress.--Not later than 1 year after the effective date of the State management decision, and annually thereafter, a State shall, in a format acceptable to such State, disseminate widely to parents and the general public a report that describes student progress. The report shall include-- (1) student performance data disaggregated by various student groups, as determined by the State; (2) a description of other high-quality school options available to parents in the State; and (3) a description of how the State has used Federal funds to improve academic achievement, reduce achievement disparities between various student groups, and improve educational opportunities. SEC. 4. ADMINISTRATIVE EXPENSES. (a) In General.--Except as provided in subsection (b), the amount that a State with a State management decision may expend for administrative expenses shall be limited to 1 percent of the aggregate amount of Federal funds made available to the State through the eligible programs included within the scope of such State management decision. (b) States Not Consolidating Funds Under Part A of Title I.--If the State management decision does not include within its scope part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), the amount spent by the State on administrative expenses shall be limited to 3 percent of the aggregate amount of Federal funds made available to the State pursuant to such State management decision. SEC. 5. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS. Each State consolidating and using funds pursuant to a State management decision under this Act shall provide for the participation of private school children and teachers in the activities assisted under the State management decision in the same manner as participation is provided to private school children and teachers under section 9501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).", "summary": "Make Education Local Act of 2018 This bill authorizes each state that submits to the Department of Education a state management decision to receive federal education funding on a consolidated basis. A state may use funding received pursuant to such a decision for any educational purpose. Each state management decision shall contain specified information, including: (1) a list of programs that are subject to the state management decision, and (2) a description of how the state will address persistently failing public schools. Each state operating under a state management decision shall: (1) establish an accountability system focused on assessing the academic achievement of students, (2) inform the public regarding the student-achievement assessment system, (3) report annually to parents and the general public on student progress and other school options available in the state, and (4) provide for the equitable program participation of private-school children and teachers in the same manner as provided under current law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Republican Form of Government Guarantee Act''. SEC. 2. FINDINGS. Congress finds that-- (1) section 4 of article IV of the Constitution provides that the United States shall guarantee a republican form of government to the States; (2) organized criminal actions are an increasing threat to the republican form of government in some States; (3) people who are responsible for upholding the laws of the United States and the several States, and people who assist them, have been threatened, harassed, and assaulted because of these activities; (4) this violence is having a chilling effect on the democratic process because Americans are afraid to participate in town hall meetings, express their views publicly, or take part in the political process; (5) most victims are targeted solely because of their views or activism on controversial political issues such as gun control, abortion, environmental matters, or the role of government in society; (6) this violence is causing a breakdown of law and order in many parts of the United States; (7) this violence has increased in part because of unfounded exaggerations about the impact of recent firearms laws such as the Brady Law and the ban on assault weapons, as well as baseless conspiracy theories regarding the government; and (8) the climate of violence created by these criminals threatens to undermine republican government in some States. SEC. 3. PROTECTION AGAINST ASSAULT. Section 111(a) of title 18, United States Code, is amended-- (1) in paragraph (1), by inserting ``who is an officer or employee of any State or local government, is assisting such an officer or employee in the performance of official duty, or is'' after ``any person''; and (2) in paragraph (2), by striking ``designated in section 1114'' and inserting ``described in paragraph (1)''. SEC. 4. INCREASED PENALTIES. (a) Assault.--Section 111 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``shall, where'' and all that follows through the end of the subsection and inserting ``shall be punished as is provided in subsection (b)''; and (2) so that subsection (b) reads as follows: ``(b) Penalties.--Whoever is convicted of an offense under this section shall be fined under this title and imprisoned not less than 2 nor more than 3 years, except that-- ``(1) in the case of a second or subsequent offense the maximum term or imprisonment shall be not more than 5 years; and ``(2) in the case of an offense committed with a deadly weapon, the offender shall be imprisoned not less than 8 nor more than 10 years.''. (b) Extortion and Threats.-- (1) Interstate communications.--Section 875 of title 18, United States Code, is amended in subsection (c), by striking ``not more than five years, or both'' and inserting ``not less than 2 nor more than 5 years''. (2) Mailing threatening communications.--Section 876 of title 18, United States Code, is amended in the third undesignated paragraph, by striking ``not more than five years, or both'' and inserting ``not less than 2 nor more than 5 years''. SEC. 5. RIGHT TO PARTICIPATE IN A REPUBLICAN FORM OF GOVERNMENT; ENFORCEMENT. (a) Reaffirmation of Right.--Each person not otherwise disqualified, barred, or disabled by State or Federal law shall have the right to participate in a republican form of State government free from interference from unlawful violence and the reasonably perceived threat of unlawful violence. (b) Right To Participate Defined.--As used in subsection (a), the term ``right to participate in a republican form of State government'' means the right to-- (1) carry out the duties of a State, county, or local office to which the person has been duly elected or appointed; (2) lawfully assist any duly elected or appointed person described in paragraph (1) in carrying out such duties; (3) run for elective office, campaign for such office on one's own behalf, or campaign on behalf of another's candidacy, in accordance with applicable State and local laws; (4) initiate and campaign for any initiative, referendum, petition, or similar political exercise, in accordance with applicable State and local laws; (5) assemble peaceably to petition the Federal, State, or local government, or to attend any public forum concerning such Federal, State, or local government; and (6) exercise the rights guaranteed under article IV of the Constitution of the United States, and the 1st and 14th amendments thereto. (c) Enforcement.-- (1) In general.--A person whose right under subsection (a) is violated by any person or organization may bring an action in any United States district court against such other person or organization for damages, injunctive relief, and such other relief as the court deems appropriate. (2) Government remedy.--The chief executive officer of any State may bring an action in any United States district court located within that State for damages, injunctive relief, and such other relief as the court deems appropriate against any organization wherever located which unlawfully violates or which conspires, attempts, aids, or abets another person or organization to unlawfully violate the right under subsection (a) of any resident of that State. (3) Authority to award a reasonable attorney's fee.--In an action brought under paragraph (1) or (2), the court, in its discretion, may allow the prevailing plaintiff a reasonable attorney's fee as part of the costs. (4) Statute of limitations.--An action may not be brought under paragraph (1) or (2) after the 5-year period that begins with the date that the violation described in paragraph (1) is discovered. SEC. 6. LAW ENFORCEMENT TRAINING. The Attorney General, in consultation with the Secretaries of Treasury, Agriculture, and the Interior, shall develop and implement a training program for Federal law enforcement personnel to enable such personnel to deal more effectively with politically motivated violence. SEC. 7. FEDERAL PAYMENTS WITHHELD. (a) Complaint.--If an agency determines that in any county any of that agency's employees or agents is being unlawfully physically prevented or impeded, by employees or agents of a State, county, or local government, from carrying out lawful duties, the agency may file a complaint with the Attorney General. (b) Escrow.--The Attorney General shall investigate the complaint, and if the Attorney General finds the complaint is meritorious, the Attorney General may place in escrow any payments that otherwise would be made to that county under the Payments in Lieu of Taxes Act of 1976 (31 U.S.C. 6901 et seq.), until such time as the Attorney General is satisfied that such interference has ceased. (c) Rules.--The Attorney General shall make rules governing the procedures used to carry out this section.", "summary": "Republican Form of Government Guarantee Act - Revises Federal criminal code provisions setting penalties for assaulting, resisting, intimidating, or impeding any of specified U.S. officers and employees (including Federal judges), to: (1) cover persons who commit such acts against State or local government officers or employees or persons assisting such officers or employees in the performance of official duty; and (2) increase penalties for such acts. Sets a minimum term of two years' imprisonment for: (1) transmitting in interstate or foreign commerce any communication containing a threat to kidnap or injure any person; and (2) depositing, or causing to be delivered, any communication threatening to kidnap or injure any person. Declares that each person not otherwise disqualified, barred, or disabled by State or Federal law shall have the right to participate in a republican form of State government free from interference from unlawful violence and the reasonably perceived threat of such violence. Creates a private cause of action, as well as a government remedy (enforceable by the chief executive officer of any State) against any individual or organization for a violation of that right. Authorizes the court to award a reasonable attorney's fee to a prevailing plaintiff. Sets a five-year statute of limitations that begins with the date of discovery of the violation. Directs the Attorney General to develop and implement a training program for Federal law enforcement personnel to enable them to deal more effectively with politically motivated violence. Authorizes an agency that determines that an agency employee or agent is being unlawfully and physically prevented from carrying out lawful duties by employees or agents of a State, county, or local government, to file a complaint with the Attorney General. Directs the Attorney General to investigate the complaint and, if the Attorney General finds the complaint is meritorious, to place in escrow any payments that otherwise would be made to that county under the Payments in Lieu of Taxes Act of 1976 until such time as such interference has ceased."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``The VA Vision Scholars Act of 2007''. SEC. 2. VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATION ASSISTANCE PROGRAM. (a) Establishment of Program.--Part V of title 38, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 80--VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATION ASSISTANCE PROGRAM ``Sec. ``8001. Establishment of scholarship program; purpose. ``8002. Application and acceptance. ``8003. Amount of assistance; duration. ``8004. Agreement. ``8005. Repayment for failure to satisfy requirements of agreement. ``Sec. 8001. Establishment of scholarship program; purpose ``(a) Establishment.--Subject to the availability of appropriations, the Secretary shall establish and carry out a scholarship program to provide financial assistance in accordance with this chapter to an individual-- ``(1) who is accepted for enrollment or currently enrolled in a program of study leading to a degree or certificate in visual impairment or orientation and mobility, or a dual degree or certification in both such areas, at an accredited (as determined by the Secretary) educational institution that is in a State; and ``(2) who enters into an agreement with the Secretary as described in section 8004 of this title. ``(b) Purpose.--The purpose of the scholarship program established under this chapter is to increase the supply of qualified blind rehabilitation specialists for the Department and the Nation. ``(c) Outreach.--The Secretary shall publicize the scholarship program established under this chapter to educational institutions throughout the United States, with an emphasis on disseminating information to such institutions with high numbers of Hispanic students and to Historically Black Colleges and Universities. ``Sec. 8002. Application and acceptance ``(a) Application.--(1) To apply and participate in the scholarship program under this chapter, an individual shall submit to the Secretary an application for such participation together with an agreement described in section 8004 of this title under which the participant agrees to serve a period of obligated service in the Department as provided in the agreement in return for payment of educational assistance as provided in the agreement. ``(2) In distributing application forms and agreement forms to individuals desiring to participate in the scholarship program, the Secretary shall include with such forms the following: ``(A) A fair summary of the rights and liabilities of an individual whose application is approved (and whose agreement is accepted) by the Secretary. ``(B) A full description of the terms and conditions that apply to participation in the scholarship program and service in the Department. ``(b) Approval.--(1) Upon the Secretary's approval of an individual's participation in the scholarship program, the Secretary shall, in writing, promptly notify the individual of that acceptance. ``(2) An individual becomes a participant in the scholarship program upon such approval by the Secretary. ``Sec. 8003. Amount of assistance; duration ``(a) Amount of Assistance.--The amount of the financial assistance provided for an individual under this chapter shall be the amount determined by the Secretary as being necessary to pay the tuition and fees of the individual. In the case of an individual enrolled in a program of study leading to a dual degree or certification in both the areas of study described in section 8001(a)(1) of this title, the tuition and fees shall not exceed the amounts necessary for the minimum number of credit hours to achieve such dual certification or degree. ``(b) Relationship to Other Assistance.--Financial assistance may be provided to an individual under this chapter to supplement other educational assistance to the extent that the total amount of educational assistance received by the individual during an academic year does not exceed the total tuition and fees for such academic year. ``(c) Maximum Amount of Assistance.--(1) In no case may the total amount of assistance provided under this chapter for an academic year to an individual who is a full-time student exceed $15,000. ``(2) In the case of an individual who is a part-time student, the total amount of assistance provided under this chapter shall bear the same ratio to the amount that would be paid under paragraph (1) if the participant were a full-time student in the program of study being pursued by the individual as the coursework carried by the individual to full-time coursework in that program of study. ``(3) In no case may the total amount of assistance provided to an individual under this chapter exceed $45,000. ``(d) Maximum Duration of Assistance.--The Secretary may provide financial assistance to an individual under this chapter for not more than six years. ``Sec. 8004. Agreement ``An agreement between the Secretary and a participant in the scholarship program under this chapter shall be in writing, shall be signed by the participant, and shall include the following: ``(1) The Secretary's agreement to provide the participant with financial assistance as authorized under this chapter. ``(2) The participant's agreement-- ``(A) to accept such financial assistance; ``(B) to maintain enrollment and attendance in the program of study described in section 8001(a)(1) of this chapter; ``(C) while enrolled in such program, to maintain an acceptable level of academic standing (as determined by the educational institution offering such program under regulations prescribed by the Secretary); and ``(D) after completion of the program, to serve as a full-time employee in the Department for a period of three years, to be served within the first six years after the participant has completed such program and received a degree or certificate described in section 8001(a)(1) of this chapter. ``(3) Such other terms and conditions that the Secretary determines appropriate for carrying out this chapter. ``Sec. 8005. Repayment for failure to satisfy requirements of agreement ``(a) In General.--An individual who receives educational assistance under this chapter shall repay to the Secretary an amount equal to the unearned portion of such assistance if the individual fails to satisfy the requirements of the agreement entered into under section 8004 of this title, except in circumstances authorized by the Secretary. ``(b) Amount of Repayment.--The Secretary shall establish, by regulations, procedures for determining the amount of the repayment required under this section and the circumstances under which an exception to the required repayment may be granted. ``(c) Waiver or Suspension of Compliance.--The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of an individual for service or payment under this chapter (or an agreement under this chapter) whenever noncompliance by the individual is due to circumstances beyond the control of the individual or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States. ``(d) Obligation as Debt to United States.--An obligation to repay the Secretary under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date of the termination of the agreement or contract on which the debt is based.''. (b) Clerical Amendments.--The tables of chapters at the beginning of title 38, and of part V of title 38, are each amended by inserting after the item relating to chapter 79 the following new item: ``80. Visual Impairment and Orientation and Mobility 8001.''. Professionals Education Assistance Program. (c) Effective Date.--The Secretary of Veterans Affairs shall implement chapter 80 of title 38, United States Code, as added by subsection (a), not later than six months after the date of the enactment of this Act.", "summary": "VA Vision Scholars Act of 2007 - Directs the Secretary of Veterans Affairs to establish and carry out a scholarship program of financial assistance for individuals who: (1) are accepted for, or currently enrolled in, a program of study leading to a degree or certificate in visual impairment or orientation and mobility, or both; and (2) enter into an agreement to serve, after program completion, as a full-time Department of Veterans Affairs (VA) employee for three years within the first six years after program completion. Sets maximum assistance amounts of $15,000 per academic year and $45,000 total. Requires pro rate repayment for failure to satisfy education or service requirements, while allowing the Secretary to waive or suspend such repayment whenever noncompliance is due to circumstances beyond the control of the participant, or when waiver or suspension is in the best interests of the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015''. SEC. 2. FINDINGS. The Congress finds the following: (1) Ozone precursor emissions have been reduced by over 50 percent since 1980, resulting in a 33-percent improvement of ozone air quality. The Environmental Protection Agency projects this improvement will continue even under rules and programs already in place. (2) States are just beginning to implement the 2008 ozone standards, for which the Environmental Protection Agency published State implementation plan requirements on February 13, 2015. Notwithstanding this delayed implementation of the 2008 ozone standards, the Environmental Protection Agency published the 2015 ozone standards on October 26, 2015. (3) With publication of the 2015 ozone standards so early in the implementation of the 2008 ozone standards, States face the prospect of simultaneously implementing two national ambient air quality standards for ozone. (4) In addition, counties face severe statutorily imposed consequences if designated as nonattainment or for failing to meet attainment deadlines, even if those counties would ultimately achieve attainment with no further action. (5) If the 2008 and 2015 ozone standards implementation schedules are not harmonized, already strained State resources will be burdened by overlapping implementation schedules, and counties that are projected to achieve necessary air quality improvements will face significant and permanent sanctions. SEC. 3. OZONE STANDARDS IMPLEMENTATION SCHEDULE HARMONIZATION. (a) Designation Submission.--Not later than October 26, 2024, the Governor of each State shall designate in accordance with section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) all areas (or portions thereof) of the Governor's State as attainment, nonattainment, or unclassifiable with respect to the 2015 ozone standards. (b) Designation Promulgation.--Not later than October 26, 2025, the Administrator shall promulgate final designations under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) for all areas in all States with respect to the 2015 ozone standards, including any modifications to the designations submitted under subsection (a). (c) State Implementation Plans.--Not later than October 26, 2026, notwithstanding the deadline specified in section 110(a)(1) of the Clean Air Act (42 U.S.C. 7410(d)(1)), each State shall submit the plan required by such section 110(a)(1) for the 2015 ozone standards. SEC. 4. CERTAIN PRECONSTRUCTION PERMITS. (a) In General.--The 2015 ozone standards shall not apply to the review and disposition of a preconstruction permit application if-- (1) the Administrator or the State, local, or tribal permitting authority, as applicable, determines the application to be complete on or before the date of promulgation of final designations under section 3(b); or (2) the Administrator or the State, local, or tribal permitting authority, as applicable, publishes a public notice of a preliminary determination or draft permit for the application before the date that is 60 days after the date of promulgation of final designations under section 3(b). (b) Rules of Construction.--Nothing in this section shall be construed to-- (1) eliminate the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emissions rate technology, as applicable; or (2) limit the authority of a State, local, or tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or tribal law than Federal national ambient air quality standards established by the Environmental Protection Agency. SEC. 5. ADJUSTMENT OF 5-YEAR REVIEW CYCLE. (a) 10-Year Cycle for All Criteria Air Pollutants.--Paragraphs (1) and (2)(B) of section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)) are amended by striking ``five-year intervals'' each place it appears and inserting ``ten-year intervals''. (b) Cycle for Next Review of Ozone Criteria and Standards.-- Notwithstanding section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)), the Administrator of the Environmental Protection Agency shall not-- (1) complete, before October 26, 2025, any review of the criteria for ozone published under section 108 of such Act (42 U.S.C. 7408) or the national ambient air quality standard for ozone promulgated under section 109 of such Act (42 U.S.C. 7409); or (2) propose, before such date, any revisions to such criteria or standards. SEC. 6. DEFINITIONS. In this Act: (1) The term ``2008 ozone standards'' means the national ambient air quality standards for ozone published in the Federal Register on March 27, 2008 (73 Fed. Reg. 16436). (2) The term ``2015 ozone standards'' means the national ambient air quality standards for ozone published in the Federal Register on October 26, 2015 (80 Fed. Reg. 65292). (3) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (4) The term ``best available control technology'' has the meaning given to that term in section 169(3) of the Clean Air Act (42 U.S.C. 7479(3)). (5) The term ``lowest achievable emissions rate'' has the meaning given to that term in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)). (6) The term ``preconstruction permit''-- (A) means a permit that is required under part C or D of title I of the Clean Air Act (42 U.S.C. 7470 et seq.) for the construction or modification of a major emitting facility or major stationary source; and (B) includes any such permit issued by the Environmental Protection Agency or a State, local, or tribal permitting authority.", "summary": "Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015 This bill delays the implementation of the Environmental Protection Agency's (EPA) 2015 national ambient air quality standards (NAAQS) for ozone issued under the Clean Air Act. Each state must designate all of its areas as attainment, nonattainment, or unclassifiable with respect to the 2015 ozone standards by October 26, 2024. The EPA must promulgate final designations for those areas by October 26, 2025. States must submit a state implementation plan for the 2015 ozone standards by October 26, 2026. The 2015 ozone standards do not apply to the review and disposition of an application for a preconstruction permit for the construction or modification of a major emitting facility or major stationary source if: (1) the application is completed before final designations under the Clean Air Act, or (2) the applicable permitting authority publishes a public notice of a preliminary determination or draft permit for the application before a certain date. The bill changes the interval by which the EPA must review its NAAQS for criteria pollutants from a 5-year review cycle to a 10-year review cycle. The EPA must not complete any review of ozone criteria or its ozone NAAQS before October 26, 2025, or propose any revisions to them."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Department of Energy Laboratory Modernization and Technology Transfer Act of 2015''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Savings clause. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY Sec. 101. Technology transfer and transitions assessment. Sec. 102. Sense of Congress. Sec. 103. Nuclear energy innovation. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS Sec. 201. Agreements for Commercializing Technology pilot program. Sec. 202. Public-private partnerships for commercialization. Sec. 203. Inclusion of early-stage technology demonstration in authorized technology transfer activities. Sec. 204. Funding competitiveness for institutions of higher education and other nonprofit institutions. Sec. 205. Participation in the Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT Sec. 301. Report by Government Accountability Office. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) National laboratory.--The term ``National Laboratory'' means a Department of Energy nonmilitary national laboratory, including-- (A) Ames Laboratory; (B) Argonne National Laboratory; (C) Brookhaven National Laboratory; (D) Fermi National Accelerator Laboratory; (E) Idaho National Laboratory; (F) Lawrence Berkeley National Laboratory; (G) National Energy Technology Laboratory; (H) National Renewable Energy Laboratory; (I) Oak Ridge National Laboratory; (J) Pacific Northwest National Laboratory; (K) Princeton Plasma Physics Laboratory; (L) Savannah River National Laboratory; (M) Stanford Linear Accelerator Center; (N) Thomas Jefferson National Accelerator Facility; and (O) any laboratory operated by the National Nuclear Security Administration, but only with respect to the civilian energy activities thereof. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. SAVINGS CLAUSE. Nothing in this Act or an amendment made by this Act abrogates or otherwise affects the primary responsibilities of any National Laboratory to the Department. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY SEC. 101. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report which shall include-- (1) an assessment of the Department's current ability to carry out the goals of section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391), including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommended departmental policy changes and legislative changes to section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) to improve the Department's ability to successfully transfer new energy technologies to the private sector. SEC. 102. SENSE OF CONGRESS. It is the sense of the Congress that the Secretary should encourage the National Laboratories and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. SEC. 103. NUCLEAR ENERGY INNOVATION. Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report assessing the Department's capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at Department-owned sites. For purposes of this report, the Secretary shall consider the Department's capabilities to facilitate privately- funded prototypes up to 20 megawatts thermal output. The report shall address the following: (1) The Department's safety review and oversight capabilities. (2) Potential sites capable of hosting research, development, and demonstration of prototype reactors and related facilities for the purpose of reducing technical risk. (3) The Department's and National Laboratories' existing physical and technical capabilities relevant to research, development, and oversight. (4) The efficacy of the Department's available contractual mechanisms, including cooperative research and development agreements, work for others agreements, and agreements for commercializing technology. (5) Potential cost structures related to physical security, decommissioning, liability, and other long-term project costs. (6) Other challenges or considerations identified by the Secretary, including issues related to potential cases of demonstration reactors up to 2 gigawatts of thermal output. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM. (a) In General.--The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section. (b) Terms.--Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, payment structures, performance guarantees, and multiparty collaborations. (c) Eligibility.-- (1) In general.--Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). (2) Agreements with non-federal entities.--To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with a non-Federal entity, including a non-Federal entity already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1), provided that such funding is solely used to carry out the purposes of the Federal award. (3) Restriction.--The requirements of chapter 18 of title 35, United States Code (commonly known as the ``Bayh-Dole Act'') shall apply if-- (A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and (B) at least 1 of the parties to the funding agreement is eligible to receive rights under that chapter. (d) Submission to Secretary.--Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section-- (1) a summary of information relating to the relevant project; (2) the total estimated costs of the project; (3) estimated commencement and completion dates of the project; and (4) other documentation determined to be appropriate by the Secretary. (e) Certification.--The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section-- (1) is not in direct competition with the private sector; and (2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (f) Extension.--The pilot program referred to in subsection (a) shall be extended until October 31, 2017. (g) Reports.-- (1) Overall assessment.--Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (A) assesses the overall effectiveness of the pilot program referred to in subsection (a); (B) identifies opportunities to improve the effectiveness of the pilot program; (C) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and (D) provides a recommendation regarding the future of the pilot program. (2) Transparency.--The Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this section. SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION. (a) In General.--Subject to subsections (b) and (c), the Secretary shall delegate to directors of the National Laboratories signature authority with respect to any agreement described in subsection (b) the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000, if such an agreement falls within the scope of-- (1) a strategic plan for the National Laboratory that has been approved by the Department; or (2) the most recent Congressionally approved budget for Department activities to be carried out by the National Laboratory. (b) Agreements.--Subsection (a) applies to-- (1) a cooperative research and development agreement; (2) a non-Federal work-for-others agreement; and (3) any other agreement determined to be appropriate by the Secretary, in collaboration with the directors of the National Laboratories. (c) Administration.-- (1) Accountability.--The director of the affected National Laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the Department, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States. (2) Certification.--The director of the affected National Laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (3) Availability of records.--Within 30 days of entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary for monitoring and review all records of the National Laboratory relating to the agreement. (4) Rates.--The director of a National Laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section, regardless of the full cost of recovery, if such funds are used exclusively to support further research and development activities at the respective National Laboratory. (d) Exception.--This section does not apply to any agreement with a majority foreign-owned company. (e) Conforming Amendment.--Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) by striking ``Each Federal agency'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), each Federal agency''; and (C) by adding at the end the following: ``(2) Exception.--Notwithstanding paragraph (1), in accordance with section 202(a) of the Department of Energy Laboratory Modernization and Technology Transfer Act of 2015, approval by the Secretary of Energy shall not be required for any technology transfer agreement proposed to be entered into by a National Laboratory of the Department of Energy, the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000.''; and (2) in subsection (b), by striking ``subsection (a)(1)'' each place it appears and inserting ``subsection (a)(1)(A)''. SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES. Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is amended by-- (1) redesignating subsection (g) as subsection (h); and (2) inserting after subsection (f) the following: ``(g) Early-Stage Technology Demonstration.--The Secretary shall permit the directors of the National Laboratories to use funds authorized to support technology transfer within the Department to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities.''. SEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION AND OTHER NONPROFIT INSTITUTIONS. Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 16352(b)) is amended-- (1) in paragraph (1), by striking ``Except as provided in paragraphs (2) and (3)'' and inserting ``Except as provided in paragraphs (2), (3), and (4)''; and (2) by adding at the end the following: ``(4) Exemption for institutions of higher education and other nonprofit institutions.-- ``(A) In general.--Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)). ``(B) Termination date.--The exemption under subparagraph (A) shall apply during the 6-year period beginning on the date of enactment of this paragraph.''. SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM. The Secretary may enter into an agreement with the Director of the National Science Foundation to enable researchers funded by the Department to participate in the National Science Foundation Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report-- (1) describing the results of the projects developed under sections 201, 202, and 203, including information regarding-- (A) partnerships initiated as a result of those projects and the potential linkages presented by those partnerships with respect to national priorities and other taxpayer-funded research; and (B) whether the activities carried out under those projects result in-- (i) fiscal savings; (ii) expansion of National Laboratory capabilities; (iii) increased efficiency of technology transfers; or (iv) an increase in general efficiency of the National Laboratory system; and (2) assess the scale, scope, efficacy, and impact of the Department's efforts to promote technology transfer and private sector engagement at the National Laboratories, and make recommendations on how the Department can improve these activities. Passed the House of Representatives May 19, 2015. Attest: KAREN L. HAAS, Clerk.", "summary": "Department of Energy Laboratory Modernization and Technology Transfer Act of 2015 TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY (Sec. 101) Directs the Department of Energy (DOE) to: (1) report annually on its ability to improve the technology transfer and commercialization of energy technologies, including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommend changes to improve the ability to successfully transfer new energy technologies to the private sector. (Sec. 102) Expresses the sense of Congress that DOE should encourage the nonmilitary national laboratories (national laboratories) and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. (Sec. 103) Requires DOE to report on its capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at DOE-owned sites. Instructs DOE, for purposes of such report, to consider DOE's capabilities to facilitate privately-funded prototypes of up to 20 megawatts thermal output. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS (Sec. 201) Directs DOE to carry out the Agreements for Commercializing Technology pilot program in accordance with this Act, including by giving the contractors of the DOE nonmilitary national laboratories increased authority to negotiate contract terms and making every such facility eligible for the program. Permits the directors of the national laboratories to execute agreements with non-federal entities, provided that such funding is only used to carry out the purposes of the federal award. Subjects agreements that are funding agreements to the requirements of the Bayh-Dole Act (concerning patent rights to inventions arising from federally-supported research and development). Imposes contractor certification requirements for the avoidance of direct competition with the private sector and conflicts of interest. Extends the pilot program until October 31, 2017. Requires DOE to report to Congress on the overall effectiveness of the pilot program and to annually account for, and justify, incidences of use by non-federal entities of funds derived from a federal contract or award to carry out agreements pursuant to the pilot program. (Sec. 202) Requires DOE to delegate to the directors of the national laboratories signature authority with respect to certain agreements the total cost of which is less than $1 million, if such an agreement falls within the scope of: (1) a strategic plan for the national laboratory that has been approved by DOE; or (2) the most recent congressionally approved budget for DOE activities to be carried out by that laboratory. Makes this section inapplicable to any agreement with a majority foreign-owned company. (Sec. 203) Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities. (Sec. 204) Amends the Energy Policy Act of 2005 to exempt institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development for six years. (Sec. 205) Authorizes DOE to enter into an agreement with the National Science Foundation to enable the participation of DOE researchers in the National Science Foundation Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT (Sec. 301) Requires the Government Accountability Office to report to Congress on the results of projects developed under this Act and on the impact of DOE efforts to promote technology transfer and private sector engagement at the national laboratories."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Macau Policy Act of 1999''. SEC. 2. FINDINGS AND DECLARATIONS. The Congress makes the following findings and declarations: (1) The Congress recognizes that under the April 13, 1987, Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau-- (A) the People's Republic of China and the Republic of Portugal have agreed that the People's Republic of China will resume the exercise of sovereignty over Macau on December 20, 1999, and until that time, Portugal will be responsible for the administration of Macau; (B) the Macau Special Administrative Region of the People's Republic of China, beginning on December 20, 1999, will continue to enjoy a high degree of autonomy on all matters other than defense and foreign affairs; (C) there is provision for implementation of a ``one country, two systems'' policy, under which Macau will retain its current lifestyle and legal, social, and economic systems until at least the year 2049; (D) the legislature of the Macau Special Administrative Region has been constituted by elections; and (E) provision is made for the continuation in force of agreements implemented as of December 20, 1999, and for the ability of the Macau Special Administrative Region to conclude new agreements. (2) The Congress declares its wish to see full implementation of the provisions of the Joint Declaration. (3) The Congress supports the policies and decisions reflected in the Joint Declaration. (4) It is the sense of the Congress that-- (A) Macau's continued economic prosperity furthers United States interests in the People's Republic of China and Asia; (B) support for democratization is a fundamental principle of United States foreign policy, and as such, that principle naturally applies to United States policy toward Macau, now and after December 19, 1999; and (C)(i) the human rights of the people of Macau are of great importance to the United States and are directly relevant to United States interests in Macau; (ii) a fully successful transition in the exercise of sovereignty over Macau must safeguard human rights in and of themselves; and (iii) human rights also serve as a basis for Macau's continued economic prosperity. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Macau'' means, prior to December 20, 1999, the Portuguese Dependent Territory of Macau, and on and after December 20, 1999, the Macau Special Administrative Region of the People's Republic of China; (2) the term ``Joint Declaration'' means the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau, of April 13, 1987; and (3) the term ``laws of the United States'' means provisions of law enacted by the Congress. TITLE I--POLICY SEC. 101. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) the United States should play an active role before, on, and after December 20, 1999, in maintaining Macau's confidence and prosperity, Macau's unique cultural heritage, and the mutually beneficial ties between the people of the United States and the people of Macau; and (2) through its policies, the United States should contribute to Macau's ability to maintain a high degree of autonomy in matters other than defense and foreign affairs as promised by the People's Republic of China and the Republic of Portugal in the Joint Declaration, particularly with respect to such matters as trade, commerce, law enforcement, finance, monetary policy, aviation, shipping, communications, tourism, cultural affairs, sports, and participation in international organizations, consistent with the national security and other interests of the United States. TITLE II--THE STATUS OF MACAU IN UNITED STATES LAW SEC. 201. CONTINUED APPLICATION OF UNITED STATES LAW. (a) In General.--Notwithstanding any change in the exercise of sovereignty over Macau, and subject to subsections (b) and (c), the laws of the United States shall continue to apply with respect to Macau, on and after December 20, 1999, in the same manner as the laws of the United States were applied with respect to Macau before such date unless otherwise expressly provided by law or by Executive order under section 202. (b) International Agreements.--For all purposes, including actions in any court of the United States, the Congress approves of the continuation in force on and after December 20, 1999, of all treaties and other international agreements, including multilateral conventions, entered into before such date between the United States and Macau, or entered into force before such date between the United States and the Republic of Portugal and applied to Macau, unless or until terminated in accordance with law. If, in carrying out this title, the President determines that Macau is not legally competent to carry out its obligations under any such treaty or other international agreement, or that the continuation of Macau's obligations or rights under any such treaty or other international agreement is not appropriate under the circumstances, the President shall promptly notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate concerning such determination, and shall take appropriate action to modify or terminate such treaty or other international agreement. (c) Export Controls.--Notwithstanding subsection (a) or any other provision of law, the President shall establish with respect to Macau, within 90 days after the date of the enactment of this Act, such export control policies and regulations as he determines to be advisable in the national security interests of the United States. SEC. 202. PRESIDENTIAL ORDER. (a) Presidential Determination.--On or after December 20, 1999, whenever the President determines that Macau is not sufficiently autonomous to justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People's Republic of China, the President may issue an Executive order suspending the application of section 201(a) to such law or provision of law. The President shall promptly notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate concerning any such determination. (b) Factor for Consideration.--In making a determination under subsection (a) with respect to the application of a law of the United States, or any provision thereof, to Macau, the President should consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Macau. (c) Publication in Federal Register.--Any Executive order issued under subsection (a) shall be published in the Federal Register and shall specify the law or provision of law affected by the order. (d) Termination of Suspension.--An Executive order issued under subsection (a) may be terminated by the President with respect to a particular law or provision of law whenever the President determines that Macau has regained sufficient autonomy to justify treatment under the law or provision of law in question. Notice of any such termination shall be published in the Federal Register. SEC. 203. RULES AND REGULATIONS. The President is authorized to prescribe such rules and regulations as the President considers appropriate to carry out this Act. SEC. 204. CONSULTATION WITH CONGRESS. In carrying out this title, the President shall consult appropriately with the Congress. TITLE III--REPORTING PROVISIONS SEC. 301. REPORTING REQUIREMENT. Not later than 90 days after the date of the enactment of this Act, and not later than March 31 of each of the years 2000, 2001, and 2002, the Secretary of State shall transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report on conditions in Macau of interest to the United States. This report shall cover (in the case of the initial report) the period since the date of the enactment of this Act or (in the case of subsequent reports) the period since the most recent report pursuant to this section, and shall describe-- (1) significant developments in United States relations with Macau; (2) significant developments related to the change in the exercise of sovereignty over Macau affecting United States interests in Macau or United States relations with Macau and the People's Republic of China; (3) steps taken by the United States to implement section 201(c) (relating to export controls with respect to Macau), including any significant problems or other developments arising with respect to the application of United States export controls to Macau; (4) the laws of the United States with respect to which the application of section 201(a) (relating to the application of United States laws to Macau) has been suspended pursuant to section 202(a) or with respect to which such a suspension has been terminated pursuant to section 202(d), and the reasons for the suspension or termination, as the case may be; (5) the treaties and other international agreements with respect to which the President has made a determination described in the last sentence of section 201(b) (relating to the application of treaties and other international agreements to Macau), the reasons for each such determination, and the steps taken as a result of such determination; (6) the development of democratic institutions in Macau; (7) compliance by the Government of the People's Republic of China and the Government of the Republic of Portugal with their obligations under the Joint Declaration; and (8) the nature and extent of Macau's participation in multilateral forums. SEC. 302. SEPARATE PART OF COUNTRY REPORTS. Whenever a report is transmitted to the Congress on a country-by- country basis, there shall be included in such report, where applicable, a separate subreport on Macau under the heading of the state that exercises sovereignty over Macau.", "summary": "Title II: The Status of Macau in United States Law - Declares that U.S. laws (including treaties and international agreements and export controls the President determines is in the national security interest of the United States) shall continue to apply to Macau on or after December 20, 1999, unless otherwise expressly provided by law or by Executive order. (Sec. 202) Authorizes the President, whenever it is determined that Macau is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China, to issue an Executive order suspending the application of U.S. law. (Sec. 204) Directs the President to consult with Congress in carrying out this title. Title III: Reporting Provisions - Directs the Secretary of State to report to specified congressional committees on conditions in Macau of interest to the United States, including: (1) significant developments in U.S. relations with Macau (including the change in the exercise of sovereignty over it affecting U.S. interests there or the U.S. relations with Macau and China; (2) any significant problems or other developments arising with respect to the application of U.S. export controls to Macau; (3) the suspension (or termination of such suspension) with respect to the application of U.S. laws to Macau; (4) the application of treaties and other international agreements to Macau; (5) the development of democratic institutions in Macau; and (6) compliance by China and Portugal with their obligations under the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau, dated April 13, 1987."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Spectrum Incentive Act of 2013''. SEC. 2. FEDERAL SPECTRUM INCENTIVES. (a) Notice to Commission.-- (1) In general.--Section 113(g)(4) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(4)) is amended-- (A) by striking the heading and inserting ``Notice to commission.--''; (B) in the second sentence of subparagraph (A), by striking ``shall notify the Commission'' and all that follows and inserting the following: ``shall notify the Commission-- ``(i) of estimated relocation or sharing costs and timelines for such relocation or sharing; or ``(ii) that, instead of relocation or sharing costs under this subsection and section 118, a Federal entity will receive payment under section 120 because such entity is-- ``(I) discontinuing the operations that the Federal entity conducts on such eligible frequencies without relocating such operations to other frequencies; or ``(II) relocating such operations to frequencies assigned to another Federal entity in order for such entities to share such frequencies.''; and (C) by adding at the end the following: ``(D) This subsection and section 118 shall not apply with respect to the discontinuance of operations on eligible frequencies or the relocation of such operations by a Federal entity after the Commission receives notice under subparagraph (A)(ii) with respect to such discontinuance or relocation.''. (2) Conforming amendments.--Section 113(g) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)) is amended-- (A) in paragraph (3)(A)(iii)(I), by striking ``paragraph (4)(A)'' and inserting ``paragraph (4)(A)(i)''; (B) in paragraph (4)-- (i) in subparagraph (B), by striking ``subparagraph (A)'' and inserting ``subparagraph (A)(i)''; and (ii) in subparagraph (C), by striking ``subparagraphs (A) and (B)'' and inserting ``subparagraphs (A)(i) and (B)''; and (C) in paragraph (5), by striking ``paragraph (4)(A)'' and inserting ``paragraph (4)(A)(i)''. (b) Transition Plans.--Section 113(h) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(h)) is amended-- (1) in the heading, by striking ``Relocation or Sharing''; (2) by amending paragraph (1) to read as follows: ``(1) Development of transition plan by federal entity.-- ``(A) In general.--Not later than 240 days before the commencement of any auction of eligible frequencies described in subsection (g)(2), a Federal entity authorized to use any such frequency shall submit to the NTIA and to the Technical Panel established by paragraph (3) a transition plan in which the Federal entity-- ``(i) declares the intention of such entity-- ``(I) to share such eligible frequencies with a non-Federal user or to relocate to other frequencies, and to receive relocation or sharing costs from the Spectrum Relocation Fund established by section 118; or ``(II) to discontinue the operations that the Federal entity conducts on such eligible frequencies without relocating such operations to other frequencies or to relocate such operations to frequencies assigned to another Federal entity in order for such entities to share such frequencies, and to receive payment from the Federal Spectrum Incentive Fund established by section 120; and ``(ii) describes how the entity will implement the relocation, sharing, or discontinuance arrangement. ``(B) Common format.--The NTIA shall specify, after public input, a common format for all Federal entities to follow in preparing transition plans under this paragraph.''; (3) in paragraph (2)-- (A) in subparagraph (D), by inserting ``, to discontinue such use,'' after ``from such frequencies''; (B) in subparagraph (F), by inserting ``, discontinuance,'' after ``relocation''; and (C) in subparagraph (G), by striking ``The plans'' and inserting ``To the extent applicable given the intention declared by the entity under paragraph (1)(A)(i), the plans''; (4) in paragraph (4)(A), by inserting ``(if applicable)'' after ``timelines and''; (5) in paragraph (6)-- (A) by inserting ``(if applicable)'' after ``costs''; and (B) by inserting ``, discontinuance,'' after ``relocation'' the second place it appears; and (6) in paragraph (7)(A)(ii), by inserting ``, discontinuance,'' after ``relocation''. (c) Relocation or Discontinuance Prioritized Over Sharing.--Section 113(j) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(j)) is amended-- (1) in the heading, by inserting ``or Discontinuance'' after ``Relocation''; and (2) by inserting ``or discontinuance of the operations that the Federal entity conducts on the band'' after ``from the band'' each place it appears. (d) Deposit of Auction Proceeds.--Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended-- (1) in subparagraph (C)(i), by striking ``(D)(ii)'' and inserting ``(D)(ii), (D)(iii)''; and (2) in subparagraph (D)-- (A) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (B) by adding at the end the following: ``(iii) Federal spectrum incentives.-- Notwithstanding subparagraph (A) and except as provided in subparagraph (B) and clause (ii) of this subparagraph, in the case of proceeds (including deposits and upfront payments from successful bidders) attributable to the auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act with respect to which the Commission has received notice under section 113(g)(4)(A)(ii) of such Act, 1 percent of such proceeds shall be deposited in the Federal Spectrum Incentive Fund established by section 120 of such Act and shall be available in accordance with such section. The remainder of such proceeds shall be deposited in the general fund of the Treasury, where such proceeds shall be dedicated for the sole purpose of deficit reduction.''. (e) Federal Spectrum Incentive Fund.--Part B of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 et seq.) is amended by adding at the end the following: ``SEC. 120. FEDERAL SPECTRUM INCENTIVE FUND. ``(a) Establishment.--There is established in the Treasury of the United States a fund to be known as the Federal Spectrum Incentive Fund (in this section referred to as the `Fund'), which shall be administered by the Office of Management and Budget (in this section referred to as `OMB'), in consultation with the NTIA. ``(b) Transfer of Funds.--The Director of OMB shall transfer from the Fund to a Federal entity an amount equal to the amount deposited in accordance with section 309(j)(8)(D)(iii) of the Communications Act of 1934 that is attributable to the auction of eligible frequencies described in section 113(g)(2) of this Act being vacated by such entity. Such amount shall be available to the Federal entity in accordance with subsection (c) and shall remain available until expended. ``(c) Use of Funds.--A Federal entity may use an amount transferred under subsection (b) for the following purposes: ``(1) Offset of sequestration.--Any purposes permitted under the terms and conditions of an appropriations account of the Federal entity that was subject to sequestration for any fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985. The amount used for such purposes under this paragraph may not exceed the amount by which the amount available to such entity under such account was reduced by sequestration for such fiscal year. ``(2) Transfer to incumbent federal entity.--In the case of a Federal entity that is relocating operations to frequencies assigned to an incumbent Federal entity in order for such entities to share such frequencies, to transfer an amount to the incumbent Federal entity for any purposes permitted under this subsection (except this paragraph). The transferred amount shall remain available to the incumbent Federal entity until expended. ``(d) Prohibition on Duplicative Payments.--If the Commission receives notice under section 113(g)(4)(A)(ii) of a discontinuance of operations on or relocation from eligible frequencies by a Federal entity that has received, from the Spectrum Relocation Fund in accordance with section 118(d)(3), relocation or sharing costs related to pre-auction estimates or research with respect to such frequencies, the Director of OMB shall deduct from the amount to be transferred to such entity under subsection (b) an amount equal to such costs and shall transfer such amount to the Spectrum Relocation Fund.''. (f) Department of Defense Spectrum.--Section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65) does not apply to frequencies with respect to which the Commission has received notice under section 113(g)(4)(A)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(4)(A)(ii)). SEC. 3. COSTS OF INCUMBENT FEDERAL ENTITIES RELATED TO SPECTRUM SHARING. (a) Description of Eligible Federal Entities.--Section 113(g)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(1)) is amended-- (1) by striking ``authorized to use a band of eligible frequencies described in paragraph (2)''; (2) by striking ``spectrum frequencies'' the first place it appears and inserting ``eligible frequencies described in paragraph (2)''; and (3) by striking ``spectrum frequencies'' the second place it appears and inserting ``eligible frequencies described in such paragraph''. (b) Definition of Relocation or Sharing Costs.--Section 113(g)(3)(A) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(3)(A)) is amended-- (1) in clause (iv)(II), by striking ``and'' at the end; (2) in clause (v), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(vi) the costs incurred by an incumbent Federal entity to accommodate sharing the spectrum frequencies assigned to such entity with a Federal entity the operations of which are being relocated from eligible frequencies described in paragraph (2), unless the Commission receives notice under paragraph (4)(A)(ii)(II) with respect to the relocation of such operations.''. (c) Spectrum Relocation Fund.--Section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928) is amended-- (1) in subsection (c), by striking ``with respect to'' and all that follows and inserting the following: ``with respect to-- ``(1) relocation from or sharing of such eligible frequencies; or ``(2) in the case of an incumbent Federal entity described in section 113(g)(3)(A)(vi), accommodating sharing the spectrum frequencies assigned to such entity with a Federal entity the operations of which are being relocated from such eligible frequencies.''; and (2) in subsection (d)-- (A) in paragraph (2)(A), by inserting ``(or, in the case of an incumbent Federal entity described in section 113(g)(3)(A)(vi), the eligible Federal entity the operations of which are being relocated has submitted such a plan)'' after ``transition plan''; and (B) in paragraph (3)(B)(ii), by inserting ``except in the case of an incumbent Federal entity described in section 113(g)(3)(A)(vi),'' before ``the transition plan''.", "summary": ". Federal Spectrum Incentive Act of 2013 - Amends the National Telecommunications and Information Administration Organization Act to allow federal entities that utilize government station licenses to participate in the incentive auction program under which licensees of electromagnetic spectrum voluntarily relinquish their spectrum rights in order for such spectrum to be auctioned for a repurposed commercial use in exchange for a percentage of the auction proceeds. Permits such federal entities, instead of being reimbursed for the costs of sharing frequencies with nonfederal users or relocating to other frequencies as provided for under current law, to receive a percentage of the proceeds from spectrum it relinquishes for auction by electing to: (1) discontinue operations on eligible frequencies without relocating to other frequencies, or (2) relocate operations to frequencies assigned to another federal entity in order for such entities to share frequencies. Establishes in the U.S. Treasury a Federal Spectrum Incentive Fund to be administered by the Office of Management and Budget (OMB) in consultation with the National Telecommunications and Information Administration (NTIA). Requires 1% of the proceeds from such auctions to be deposited in such Fund and the remainder to be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. Directs OMB to transfer from the Fund to a federal entity a specified amount attributable to the auction of frequencies vacated by such entity. Permits federal entities to use such amounts for: (1) any purposes permitted under the terms and conditions of an appropriations account that was subject to sequestration for any fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985, provided that the amount used does not exceed the amount by which the account was reduced by sequestration for such fiscal year; or (2) a transfer of amounts to an incumbent federal entity for such purposes when the federal entity relinquishing spectrum relocates its operations to frequencies assigned to another federal entity in order to share frequencies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Quality Assurance Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) In the construction industry, specialty subcontractors now perform the majority of construction work, in certain cases 100 percent of the work, under the management of a prime contractor, making the subcontractors' price and performance the key determinant in the overall cost of construction projects, including those performed for the Federal Government. (2) Detrimental practices known as ``bid shopping'' and ``bid peddling'' exist in the construction industry, including construction projects for the Federal Government. (3) ``Bid shopping'' occurs when a contractor, after award of a contract, contracts with subcontractors at a price less than the quoted price of the subcontractor upon which the contractor's fixed bid price was based, in order to increase the contractor's profit on the project without any benefit to the entity for which the contract is being performed. (4) ``Bid peddling'' occurs when a subcontractor that is not selected for inclusion in a contractor's team seeks to induce the contractor, after award of the contract, to substitute the subcontractor for another subcontractor whose bid price was reflected in the successful bid of the contractor by offering to reduce its price for performance of the specified work, suggesting that the previous offer of the subcontractor was padded or incorrect. (5) Bid shopping and bid peddling-- (A) threaten the integrity of the competitive bid system for construction that benefits the Federal Government, the construction industry, and the economy of the United States as a whole; (B) compromise national security by promoting uncertainty about which contractors actually perform work on critical infrastructure projects; (C) deprive taxpayers of the benefits of full and open competition among prospective contractors and subcontractors for the performance of Federal construction projects; (D) expose Federal construction projects to the dangers of substandard performance, substitution of lower quality materials, and other detrimental cost- cutting practices by an unscrupulous substituted subcontractor; and (E) can be effectively deterred in Federal construction by modifying the Federal Acquisition Regulation to require bid listing, which is the practice of requiring each offeror for a Federal construction contract to list the subcontractors whose performance is reflected in the bid price, procedures for the substitution of listed subcontractors for good cause, and other deterrents to abuse. SEC. 3. DEFINITIONS. In this Act: (1) Contract.--The term ``contract'' means any contract with the Federal Government, exceeding $1,000,000 in amount, for the construction, alteration, or repair of any public building or public work of the United States. (2) Contractor.--The term ``contractor'' means an individual or entity that has been awarded or is seeking to be awarded a construction contract by the Federal Government. (3) Subcontractor.--The term ``subcontractor'' means an individual or entity that subcontracts with a contractor in an amount in excess of $100,000 for work on a contract. SEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS ON CONSTRUCTION PROJECTS. (a) Requirement To List Subcontractors.-- (1) In general.--Each solicitation by an executive agency for the procurement of construction in an amount in excess of $1,000,000 shall require each bidder to submit as part of its bid the name, location of the place of business, and nature of the work of each subcontractor with whom the bidder, if awarded the contract, will subcontract for work in an amount in excess of $100,000 on the contract. (2) Requirements for specific categories.-- (A) Except as provided in subparagraphs (B) and (C), the bidder shall list only one subcontractor for each category of work as defined by the bidder in its bid or proposal. (B) A bidder may list multiple subcontractors for a category of work if each such subcontractor is listed to perform a discrete portion of the work within a category. (C) A bidder may list itself for any portion of work under the contract, which shall be deemed a representation by the bidder that it is fully qualified to perform that portion of the work itself and that the bidder will perform that portion itself. (3) Result of failure to list subcontractors.--An executive agency shall consider any bidder that fails to list subcontractors in accordance with this Act and the regulations promulgated pursuant to section 7 of this Act to be non- responsive and bids by such bidders shall not be considered. (b) Procedures for Substitution of a Listed Subcontractor.-- (1) Consent and good cause required.--No contractor shall substitute a subcontractor in place of the subcontractor listed in the original bid or proposal, except with the consent of the contracting officer for good cause. (2) Examples of good cause.--Good cause under paragraph (1) shall include the following: (A) Failure of the subcontractor to execute a written contract after a reasonable period if such written contract, based upon the terms, conditions, plans, and specifications of the contract and the terms of the subcontractor's bid or proposal, is presented to the subcontractor by the contractor. (B) Bankruptcy of the subcontractor. (C) The death or physical disability of the subcontractor, if the subcontractor is an individual. (D) Dissolution of the subcontractor, if the subcontractor is a corporation or partnership. (E) Failure of a subcontractor to meet the surety bond requirements specified by the bidder as a condition of the subcontractor to perform on the contract, if awarded to the bidder. (F) The subcontractor is ineligible to perform on the subcontract because the subcontractor is suspended, debarred, or otherwise ineligible to perform. (G) A series of failures by the subcontractor to perform in accordance with the specification, terms, and conditions of its subcontract resulting in the withholding of amounts requested by the subcontractor in accordance with section 3905 of title 31, United States Code, and the regulations implementing such section. (H) Failure of the subcontractor to comply with a requirement of law applicable to the subcontractor. (I) Failure or refusal of the subcontractor to perform the subcontract. (3) Requests for substitution.--A request of a contractor for a substitution of a listed subcontractor shall be submitted in writing to the contracting officer and shall include the reasons for the request. The contractor shall provide a copy of its request for substitution to the listed subcontractor by any means that provides written third-party verification of delivery to the last known address of the subcontractor. A subcontractor who has been so notified shall have five working days within which to submit written objections to the substitution to the contracting officer. Failure to file such written objections shall constitute the consent of the listed subcontractor to the substitution. (c) Limitation on Assignment, Transfer, or Substitution.-- (1) Limitation on assignment or transfer.--No contractor shall permit any subcontract to be voluntarily assigned or transferred or to be performed by any entity other than the subcontractor listed in the bid or proposal without the consent of the contracting officer. Consent of the contracting officer to a contractor for a substitution shall-- (A) be promptly made in writing; and (B) be included in the contract file. (2) Limitation on substitution.--No contractor that listed itself for a portion of the work under the contract shall subcontract any portion of the work for which it listed itself, unless authorized by the contracting officer to substitute one or more subcontractors to perform such work. SEC. 5. PENALTIES. (a) In General.-- (1) A contractor shall be subject to penalties if, without obtaining the approval of the contracting officer, the contractor-- (A) replaces a listed subcontractor for a contract with an executive agency; or (B) awards a subcontract to a subcontractor to perform work which the contractor had identified as work to be performed directly by the contractor. (2) A subcontractor shall also be subject to penalties if the subcontractor is determined to have knowingly participated in the failure of the contractor to comply with the regulatory provisions relating to the substitution of a listed subcontractor. (b) Amount of Penalties To Be Imposed.--The amount of penalties imposed under this section shall be equal to the greater of-- (1) 10 percent of the amount of the bid by the listed subcontractor; (2) the difference between the amount of the bid by the listed subcontractor and the amount of the bid by the substituted subcontractor; or (3) the difference between the amount of the bid by a substituted subcontractor and the dollar value specified by the contractor for the work which the contractor had listed for its own performance. (c) Source of Funds for Penalties.--Penalties assessed pursuant to this section shall be deducted from the remaining unpaid contract balance and deposited into the fund from which the contract was awarded. SEC. 6. GROUNDS FOR SUSPENSION OR DEBARMENT. The imposition of penalties on a contractor or subcontractor for failure to comply with the procedures for the substitution of subcontractors on 2 contracts within a 3-year period shall be deemed to be adequate evidence of the commission of an offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a Government contractor within the meaning of part 9.4 of the Federal Acquisition Regulation (Debarment, Suspension, and Eligibility) (48 CFR 9.4). SEC. 7. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION. (a) Proposed Revisions.--Proposed revisions to the Government-wide Federal Acquisition Regulation to implement the provisions in this Act shall be published not later than 120 days after the date of the enactment of this Act and provide not less than 60 days for public comment. (b) Final Regulations.--Final regulations shall be published not less than 180 days after the date of the enactment of this Act and shall be effective on the date that is 30 days after the date of publication.", "summary": "Construction Quality Assurance Act of 2009 - Requires each solicitation by an executive agency for the procurement of construction in excess of $1 million to require each bidder to submit the name, business location, and nature of work of each subcontractor with whom such bidder will subcontract for work in excess of $100,000. Deems to be non-responsive, and prohibits consideration of, any bidder that fails to list such subcontractors. Prohibits a contractor from substituting another subcontractor for a listed subcontractor, permitting any subcontract to be voluntarily assigned or transferred, or subcontracting work for which the contractor listed itself, without the contracting officer's consent. Sets forth: (1) examples of good cause and procedures required for substitution requests; and (2) penalties for violations of such prohibitions, including suspension or debarment from federal contracts for multiple violations. Requires revisions to the Federal Acquisition Regulation to implement this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Community Advisory Board Act of 1995''. SEC. 2. AUTHORITY TO ESTABLISH COMMUNITY ADVISORY BOARDS UNDER ENDANGERED SPECIES ACT OF 1973. The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is amended by adding at the end the following new section: ``community advisory boards ``Sec. 19. (a) Establishment.--(1) The Secretary shall establish an Endangered Species Community Advisory Board (in this section referred to as a `community advisory board') in connection with the designation of an area under this Act as critical habitat or as a National Wildlife Refuge. ``(2) Each community advisory board-- ``(A) shall be comprised of 12 members appointed by the Secretary from among individuals recommended by the Governor of the State in which is located the area for which the advisory board is established; and ``(B) shall have as its chairperson a member of the advisory board who is an elected official of a local government in that area and who is designated as chairperson by the Secretary. ``(3) The term of a member of a community advisory board shall be 4 years, except that of the members first appointed-- ``(A) 3 shall be appointed for an initial term of 1 year; ``(B) 3 shall be appointed for an initial term of 2 years; and ``(C) 3 shall be appointed for an initial term of 3 years; as specified by the Secretary at the time of appointment. ``(4) Individuals who are Federal employees may not comprise a majority of the total number of members of a community advisory board. ``(5) The Secretary shall prescribe regulations regarding the establishment, characteristics, composition, and funding of community advisory boards. However, the issuance of regulations shall not be a precondition to the establishment of a community advisory board or affect the existence or operation of a community advisory board established before the effective date of this section. ``(6) The Secretary may provide for the payment of routine administrative expenses of a community advisory board established for an area from funds available for activities relating to study of the area to determine whether to designate the area as critical habitat or as a National Wildlife Refuge. ``(b) Assistance for Citizen Participation.--(1) Subject to the availability of appropriations, the Secretary shall make available funds to facilitate the participation of individuals from the private sector on community advisory boards for the purpose of ensuring public input into the designation of areas as critical habitat or National Wildlife Refuges. ``(2) The private individuals who are members of a community advisory board are eligible for funding assistance under this subsection only if they reside in the vicinity of the area for which the community advisory board is established. For accounting and financial management purposes, such funds shall be paid to and administered by the community advisory board on which the private individuals are members, subject to paragraph (3). ``(3) Individuals who are local community members of a community advisory board may use funds made available under this paragraph only-- ``(A) to obtain technical assistance of experts in interpreting scientific data, material, and issues regarding protection of endangered species; and ``(B) to educate the local community in understanding such data, material, and issues. ``(c) Consultation by Secretary.--If a community advisory board is established for an area, the Secretary, before designating any of the area under this Act as critical habitat or as a National Wildlife Refuge, shall-- ``(1) consult with and seek the advice and recommendations of the board regarding-- ``(A) identifying the needs and concerns of the affected local community and individual landowners; ``(B) monitoring scientific studies and surveys used to determine the need for designation of the area as critical habitat or a National Wildlife Refuge, before that designation; and ``(C) addressing land use strategies and management; and ``(2) publish recommendations received from the board within 180 days after the date the Secretary initiates consultation under paragraph (1). ``(d) Monitoring and Reporting by Community Advisory Boards.--Each community advisory board shall, with respect to critical habitat or a National Wildlife Refuge for which it was established-- ``(1) monitor and periodically report to the Secretary on progress made in the conservation and recovery of species for which that critical habitat or Refuge was designated; and ``(2) periodically review and report to the Secretary regarding the continued accuracy and sufficiency of the scientific findings that were the basis of that designation. ``(e) State Defined.--Notwithstanding section 3(17), in this section the term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands.''.", "summary": "Endangered Species Community Advisory Board Act of 1995 - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior to establish an Endangered Species Community Advisory Board in connection with the designation of an area under the Act as critical habitat or as a National Wildlife Refuge. Allows the Secretary, subject to the availability of appropriations, to make funds available to facilitate the participation of individuals from the private sector on such Boards to ensure public input into the designation of such areas or Refuges. Requires the Board to: (1) monitor and periodically report to the Secretary on progress made in the conservation and recovery of species for which the critical habitat or Refuge was designated; and (2) periodically review and report to the Secretary regarding the continued accuracy and sufficiency of the scientific findings that were the basis of such designation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Mourn in Peace Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The greatness of America is measured in many ways but nowhere is it better reflected than in the costs paid by the men and women who voluntarily assumed the risk of defending the freedoms guaranteed by the Constitution and who, without reluctance or mental reservation, made the supreme sacrifice for their country. (2) It is altogether fitting and proper for the friends and families of those fallen in battle to be able to mourn their loss in peace and take comfort and pride in the consolation that comes from the certain knowledge that they laid so costly a sacrifice on the altar of freedom. (3) That to secure this temporary but hallowed moment of peace, reflection, and healing, it is appropriate to place reasonable restrictions on those individuals and groups who seek to use the occasion of a funeral, burial, or memorial service of a veteran to stage a public demonstration intended to turn a private gathering of private persons into a public spectacle for the unconscionable purpose of attracting public attention and gratuitously inflicting unnecessary emotional pain on the deceased veteran's families and friends. (4) Funerals, memorial services, and bereavement ceremonies are special events warranting special respect for the deceased and due regard for the emotional well-being of the bereaved whose memories of the final moments before their loved one is laid to rest may be permanently stained were the occasion allowed to be exploited by others for the purpose of attracting public attention by the intentional infliction of emotional distress on the loved ones of the deceased. (5) The First Amendment that veterans risked their lives to defend and preserve is broad and strong enough to protect vigorous and robust public debate on public issues and generous enough to accommodate the natural desire and need of relatives and loved ones to be free to mourn their loss in peace. SEC. 3. PROHIBITION ON DEMONSTRATIONS WHERE FUNERALS, MEMORIAL SERVICES, AND CEREMONIES FOR VETERANS ARE HELD. (a) In General.--Section 2413 of title 38, United States Code, is amended to read as follows: ``Sec. 2413. Prohibition on demonstrations where a funeral, memorial service, or other bereavement ceremony for a veteran is held ``(a) Prohibition.--No person may carry out-- ``(1) a demonstration on the property where a funeral for a veteran is held unless the demonstration has been approved by the cemetery superintendent or the owner of the property on which the funeral is held; or ``(2) with respect to such a cemetery or other property on which a funeral is held, a demonstration during the period beginning 60 minutes before and ending 60 minutes after such funeral, any part of which demonstration-- ``(A)(i) takes place within 150 feet of a road, pathway, or other route of ingress to or egress from such cemetery or other property; and ``(ii) includes, as part of such demonstration, any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace or good order of the funeral; or ``(B) is within 1,000 feet of such cemetery or other property and impedes the access to or egress from such cemetery or other property, if there is visible, at each place that is at the applicable distance specified in this sentence from such cemetery or other property, a sign which clearly and conspicuously states that a funeral will be held on such cemetery or other property and so states the time interval during which the funeral will be held. ``(b) Definitions.--For purposes of this section: ``(1) The term `demonstration' includes the following: ``(A) Any picketing or similar conduct. ``(B) Any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral. ``(C) The display of any placard, banner, flag, or similar device, unless such a display is part of a funeral. ``(D) The distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral. ``(2) The term `funeral' includes a memorial service or any other bereavement ceremony honoring a veteran.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 2413 and inserting the following new item: ``2413. Prohibition on demonstrations where a funeral, memorial service, or other bereavement ceremony for a veteran is held.''.", "summary": "Freedom to Mourn in Peace Act of 2011 - Expands the prohibition on demonstrations at certain funerals, memorial services, or bereavement ceremonies for a deceased veteran to any property where such a service is held unless the demonstration has been approved by the cemetery superintendent or the owner of the property on which the funeral is held. (Current law only prohibits such demonstrations on property of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery.) Extends to 1,000 feet the distance within which certain demonstrations that impede access to or egress from such a cemetery or property are prohibited during the period beginning 60 minutes before and ending 60 minutes after such a service, provided that there is a visible sign at applicable distances stating the time interval during which a service will be held."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sex Offender Registration Tips Program Act of 2009'' or the ``SORT Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Parents for Megan's Law, Inc., a nonprofit corporation described in section 501(c)(3) of the Internal Revenue Code of 1986 and headquartered in New York, has since 1998 educated and supported the community, law enforcement, criminal justice, and government agencies on issues related to sex offender registration, notification, responsible use of information, sexual abuse and abduction prevention, Internet Safety, and crime victim support. (2) Parents for Megan's Law, Inc., established and operates the National Megan's Law Helpline, a free confidential telephone helpline that provides information, support, and criminal justice referrals, nationally and internationally, on sex offender management issues. Parents for Megan's Law, Inc. is a certified rape crisis center and provides support and assistance to child and adult victims of sexual abuse and all victims of violent crime. Research suggests that sexual assault victims who receive counseling support are more likely to report their attack to the police and participate in the prosecution of the offender. (3) The National Megan's Law Helpline has generated over 70,000 requests for assistance, information, or follow-up contacts on sex offender management, crime victim support, and prevention education issues. Helpline requests utilize the Helpline's resources and often entail coordination with outside resources, follow-up calls, or actual referrals to any or all of the following: law enforcement and other criminal justice agencies, state and local crime victims assistance agencies and organizations, social service and human service providers, and other service provider organizations. (4) The Internet website of Parents for Megan's Law, Inc., serves as a clearinghouse and national resource for information related to sex offender registration, notification, sexual abuse and abduction prevention, and crime victims' support and referrals. Such Internet website is also utilized by the public to anonymously report Internet child pornography and child sex tourism and as a resource for Internet Safety education. Reports are forwarded to local law enforcement for appropriate follow-up. (5)(A) With limited resources, the National Megan's Law Helpline has provided the public with a resource for confidentially reporting registered sex offenders failing to comply with registration requirements, supervision, or employment restrictions or who are in positions of trust where potential child victims can be accessed. Confidential tips are triaged, crime victim support is provided, and referrals are made to the appropriate criminal justice agency for follow-up action. (B) In fact, because of anonymous tips to the Helpline, actions have been taken to mitigate potentially dangerous situations, including-- (i) sending a registered sex offender back to prison after he was identified as residing in a registered child day care center where he could access potential child victims; (ii) preventing a convicted former middle school teacher required to register as a sex offender and give up his teacher's license, from gaining employment as an in home children's tutor for a reputable tutoring company where he could gain unsupervised access to potential child victims; (iii) having a registered sex offender who targeted a child, and subsequently was barred from using the Internet to develop online relationships, removed from an Internet Dating service where he attempted to develop a relationship with whom he believed was a single woman with children; (iv) sending a registered sex offender, who was on parole for a weapons charge and restricted from entering school grounds, back to prison for entering school grounds and drug possession; (v) identifying and reporting a registered sex offender, convicted of sexually victimizing a 4-year- old boy while baby-sitting, who had absconded and failed to register; and (vi) identifying, locating and reporting registered sex offenders in violation of conditions of probation, parole, local employment or other restriction laws. (6) A national Sex Offender Registration Compliance survey conducted by Parents for Megan's Law, Inc., in 2003, indicated that, 24 percent of (or over 100,000) registered sex offenders were not complying with sex offender registration laws. Sex offender registry information provides parents and community members an opportunity to protect themselves, their children, and their communities from sexual victimization, but that information, in order to be of value, requires labor intensive follow-up intervention and proactive maintenance to be kept current. (7) Access to the National Criminal Information databases is necessary for Parents for Megan's Law, Inc., to effectively evaluate the veracity of tips received, proactively research noncompliant registrants or registrants engaged in criminal activities and provide law enforcement with viable accurate information for follow-up action. (8) The Sex Offender Registration Tips (SORT) Program will reduce sexual victimization and increase sex offender registration compliance through community tips and proactive maintenance. (9) Authorizing federal funds for the SORT Program will reduce criminal sexual victimization by-- (A) supporting crime victims seeking assistance; (B) supporting sex offender registration, notification, and sexual abuse and abduction prevention education and Internet Safety inquiries; and (C) providing the public two interactive confidential resources, the Helpline and Internet website, for the public to provide information-- (i) about registered sex offenders who are believed to be out of compliance with registration requirements, supervision, or employment restrictions and who are in positions of trust where potential child victims can be accessed; or (ii) concerning sex offender activities that indicate a heightened risk of re- offending. (10)(A) The SORT program will serve as a powerful national tool supporting communities and crime victims while assisting and advancing the mission of Federal, state, and local law enforcement in combating sexual victimization. (B) The SORT program and the National Megan's Law Helpline is unique in the following ways: (i) It provides up to date sexual abuse prevention information, deters vigilantism, and reinforces responsible use of information. (ii) It provides victims who come forth with needed information with an infrastructure of advocacy, enforcement, and therapeutic support. (iii) It maximizes law enforcement's already strained resources by screening anonymous tips promptly and effectively through the use of trained investigators with access to public, private and law enforcement databases. SEC. 3. GRANTS FOR IMPLEMENTATION OF SEX OFFENDER REGISTRATION TIPS PROGRAM. (a) In General.--Subject to the availability of the funds authorized to be appropriated under subsection (d), the Attorney General shall provide grants and access to information and resources to the not-for-profit community and victim's rights organization, Parents for Megan's Law, Inc., to implement the Sex Offender Registration Tips Program described in subsection (b). (b) Sex Offender Registration Tips Program Described.--For purposes of subsection (a), the Sex Offender Registration Tips Program is a program to reduce sexual victimization and support victims of violent crime by-- (1) providing up-to-date and accurate sex offender registry information to Federal, State, and local law enforcement entities through the National Megan's Law Helpline staffed by Parents for Megan's Law, Inc., and the Internet website of such organization; (2) enabling the analysis and coordination of community tips relating to sex offenders who fail to register in the sex offender registry maintained by the jurisdiction involved or who engage in activities in violation of conditions of their probation or parole or other criminal activities; (3) using existing Internet sex offender registries, public information, and the National Criminal Information databases to compare and contrast information and proactively identify high- risk registrants who are out of compliance, in violation of conditions of supervision, and identify the location of wanted registrants in order to ascertain the need for follow-up action by law enforcement; (4) providing crime victims support, information, and referrals; and (5) supporting community members with up-to-date sex offender registration, notification, and sexual abuse and abduction prevention and Internet Safety information. (c) Access.--Notwithstanding any other provision of law, the Attorney General shall ensure access by Parents for Megan's Law, Inc., to the National Crime Information Center databases operated by the Federal Bureau of Investigation pursuant to section 534 of title 28, United States Code, to the extent that such access is only for purposes within the scope of the organization's duties and responsibilities to assist or support law enforcement agencies in administration of criminal justice functions. (d) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 for grants under subsection (a) for each of the fiscal years 2010 through 2014.", "summary": "Sex Offender Registration Tips Program Act of 2009 or the SORT Act of 2009 - Directs the Attorney General to: (1) provide grants and access to information and resources to Parents for Megan's Law, Inc., to implement the Sex Offender Registration Tips Program; and (2) ensure access by Parents for Megan's Law, Inc., to the National Crime Information Center databases operated by the Federal Bureau of Investigation (FBI)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping to Encourage Real Opportunities (HERO) for At-Risk Youth Act''. SEC. 2. MODIFICATION AND EXTENSION OF WORK OPPORTUNITY CREDIT FOR CERTAIN YOUTH EMPLOYEES. (a) Expansion of Credit for Summer Youth.-- (1) Credit allowed for year-round employment.--Section 51(d)(7)(A) of the Internal Revenue Code of 1986 is amended-- (A) by striking clauses (i) and (iii) and redesignating clauses (ii) and (iv) as clauses (i) and (ii), respectively; (B) in clause (i) (as so redesignated), by striking ``(or if later, on May 1 of the calendar year involved),'' and inserting ``, and''; and (C) by adding at the end the following new clause: ``(iii) who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which such individual is regularly attending any secondary school.''. (2) Increase in credit amount.--Section 51(d)(7) of the Internal Revenue Code of 1986 is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (3) Conforming amendments.-- (A) Subparagraph (F) of section 51(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``summer''. (B) Paragraph (7) of section 51(d) of such Code is amended-- (i) by striking ``summer'' each place it appears in subparagraphs (A); (ii) in subparagraph (B), as redesignated by paragraph (2), by striking ``subparagraph (A)(iv)'' and inserting ``subparagraph (A)(ii)''; and (iii) by striking ``summer'' in the heading thereof. (b) Credit for At-Risk Youth.-- (1) In general.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting ``, or'' , and by adding at the end the following new subparagraph: ``(K) an at-risk youth.''. (2) At-risk youth.--Paragraph (14) of section 51(d) of such Code is amended to read as follows: ``(14) At-risk youth.--The term `at-risk youth' means any individual who is certified by the designated local agency-- ``(A) as-- ``(i) having attained age 16 but not age 25 on the hiring date, ``(ii) as not regularly attending any secondary, technical, or post-secondary school during the 6-month period preceding the hiring date, ``(iii) as not regularly employed during such 6-month period, and ``(iv) as not readily employable by reason of lacking a sufficient number of basic skills, or ``(B) as-- ``(i) having attained age 16 but not age 21 on the hiring date, and ``(ii) an eligible foster child (as defined in section 152(f)(1)(C)) who was in foster care during the 12-month period ending on the hiring date.''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 3. EXTENSION OF EMPOWERMENT ZONES. (a) In General.--Section 1391(d)(1)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2016'' and inserting ``December 31, 2019''. (b) Treatment of Certain Termination Dates Specified in Nominations.--In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary's designee) may provide.", "summary": "Helping to Encourage Real Opportunities (HERO) for At-Risk Youth Act This bill amends the Internal Revenue Code, with respect to the work opportunity tax credit, to: change the credit for summer youth employees to a credit for youth employees who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which the individual is regularly attending any secondary school, increase the amount of the credit for youth employees, and expand the credit to include at-risk youth. An "at-risk youth" is any individual who is certified by the designated local agency as: having attained age 16 but not age 25 on the hiring date, having not regularly attended specified schools or been employed during the six-month period preceding the hiring date, and not readily employable by reason of lacking a sufficient number of basic skills. The term also includes individuals who have been certified as having attained the age of 16 but not age 21 on the hiring date and as an eligible foster child who was in foster care during the 12-month period ending on the hiring date. The bill also extends until December 31, 2019, the designation period for certain tax-favored empowerment zones."}
{"article": "67 with respect to deficit reduction are amended to reflect the total reductions provided in section 2(b). (b) Defense Discretionary.--The assumptions included in the conference report on House Concurrent Resolution 67 with respect to reductions in defense discretionary spending shall be assumed to include the following: (1) Limit defense spending in fiscal year 1996 to $244,000,000,000, in fiscal year 1997 to $241,000,000,000, in fiscal year 1998 to $248,000,000,000, in fiscal year 1999 to $254,000,000,000, and in fiscal year 2000 to $261,000,000,000. (2) Terminate production of Trident D5 submarine launched ballistic missiles after 1996. (3) Phase out over five years the equivalent of two Army light divisions. (4) Deny unemployment compensation to service members who voluntarily leave the service. (5) Close the Uniformed Services University of the Health Sciences, with the last class admitted in 1995 and all activities halted on that class' graduation in 1999. (6) Rather than replacing or revitalizing existing Department of Defense Housing Stock, increase reliance on private-sector housing for military families by making service personnel eligible for a cash housing allowance regardless of whether they live in Department of Defense or private-sector units and charging market-driven rent for Department of Defense housing. (7) Reduce the Intelligence budget by $300 million in each of fiscal years 1996, 1997, 1998, 1999, and 2000. (8) Encourage private ownership of industrial assets used in defense production by granting the General Services Administration clear authority to negotiate sale of equipment to the holding contractor in situations in which continued Department of Defense ownership is not necessary, and by requiring contractors in the future to rent or lease such equipment from the Department of Defense if they demonstrate it is in the Department of Defense's interest to provide the equipment. (9) Increase burdensharing by the Republic of Korea by requiring it to increase its contribution to include all payments of Korean won-based labor costs of local employees working for the United States military and support services contracts. (10) Procure the most cost-effective mix of C-17's and commercial airlifters. (11) Cancel the Army's Tank Upgrade Program and lay-away production facilities, deactivating but preserving the Government-owned tank manufacturing facilities. (12) While retaining the number of nuclear warheads permitted by the Strategic Arms Reduction Treaty II (START II), reduce the strategic delivery system structure to 300 Minuteman III ICBM's, 10 Trident submarines each carrying 24 missiles with 7 warheads; 66 B-52H bombers, each carrying 16 warheads; and 20 B-2 bombers, each carrying 16 warheads. (13) Repeal the Civilian Marksmanship Program. (14) Terminate all funding for the Selective Service System except to terminate the program. (15) Limit the mission of the Ballistic Missile Defense Organization to Theater Missile Defense and Terminate its other projects. (16) Terminate the National Aerospace Plane Program. (17) Scale back weapons production and maintenance activities at the Department of Energy to support an arsenal of 4,000 warheads. (c) Nondefense Discretionary.--The assumptions included in the conference report on House Concurrent Resolution 67 with respect to reductions in non-defense discretionary spending shall be assumed to include the following: (1) Terminate NASA's support for producers of commercial airlines. (2) Consolidate and downsize Overseas Broadcasting by capping funding to Radio Free Europe and Radio Liberty at the level of $75 million per year. (3) Terminate funding for the Puget Sound Naval Shipyard Recreational Facility and rescind all unobligated prior appropriations. (4) Terminate the International Space Station Program. (5) Terminate the High-Temperature Gas Reactor Program, also known as the Gas Turbine-Modular Helium Reactor. (6) Phase in over five years a reduction of 25 percent of fiscal year 1995 appropriations for research and development programs for fossil, nuclear, and fusion energy. (7) Allow private producers to build and operate co- generation facilities at Federal civilian installations, paying all construction costs and assuming all financial risks. (8) Reduce electrification and telephone credit subsidies to rural utilities services to levels calculated to result in electricity and telephone consumer costs equivalent to those for consumers in the service areas of unsubsidized electric and telephone companies. (9) Offer for sale the Naval Petroleum Reserve Number 1, located at Elk Hills, California. (10) Prohibit the sale of timber from national forests at a price insufficient to recover fully the Forest Service's associated costs for timber management, reforestation, construction, and maintenance of logging roads, payments to States, and other timber program costs. (11) Limit the level of Federal support for agricultural research and extension activities to 90 percent of the fiscal year 1995 level for fiscal years 1996 through 2000. (12) Terminate the Interstate Commerce Commission and transfer its motor carrier safety responsibilities to the Department of Transportation. (13) Terminate the U.S. Travel and Tourism Administration in 1997. (14) Terminate the Pennsylvania Avenue Development Corporation. (15) Align the method of computing cost-of-living adjustment of the compensation for members of Congress with compensation for civil servants. (16) Limit the number of days Senior Executive Service employees may accrue as annual leave to 30. (17) Permanently reduce the number of political appointees to 2,000. SEC. 4. DIRECT SPENDING REDUCTIONS. (a) Sales of Electric Power By the Power Marketing Administrations.--Notwithstanding any other law governing sales of electric power by the Alaska Power Marketing Administration, Bonneville Power Marketing Administration, Southern Power Marketing Administration, Southeastern Power Marketing Administration, or Western Area Power Marketing Administration (each of which is referred to in this subsection as the ``Administration'')-- (1) offers of sales of electric power by the Administration shall be made on a nonpreferential basis to public bodies and cooperatives and private persons; (2) sales of electric power by the Administration shall be made to the persons offering the highest price for the power; and (3) the Administration shall not be required to acquire for sale to any public body or cooperative or any other person any amount of electric power in excess of that generated by the projects from which the Administration sells power. (b) Spent Nuclear Waste Storage Fees.--Section 136(a)(3) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10156(a)(3)) is amended-- (1) by striking ``(3) Fees'' and inserting the following: ``(3) Fees.-- ``(A) In general.--Fees''; and (2) by adding at the end the following: ``(B) Adjustment for inflation.--On and after the date of enactment of this subparagraph, the amount of the storage fees established under subparagraph (A) shall be adjusted annually on October 1 to account for inflation since the date of enactment of this Act. ``(C) Deadline for payment.--The principal amount of all storage fees established under subparagraph (A) shall be paid by September 30, 1997, and all of the interest accrued or all storage fees shall be paid by September 30, 1998.''. (c) Expansion and Extension of Authority to Use Competitive Bidding.-- (1) Licenses and permits subject to competitive bidding.-- Subsection (j) of section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended-- (A) in paragraph (1), by striking out ``described in paragraph (2)''; and (B) by striking out paragraph (2). (2) Permanent authority.--Such subsection is further amended by striking out paragraph (11). (3) Conforming repeal of random selection authority.--Such section is further amended by striking out subsection (i). (d) Termination of Price Support and Production Adjustment Programs for Sugar Beets and Sugarcane.-- (1) Termination of price support program.-- (A) Price support levels for designated nonbasic agricultural commodities.--Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ``milk, sugar beets, and sugarcane'' and inserting ``and milk''. (B) Sugar price support.--Section 206 of the Act (7 U.S.C. 1446g) is repealed. (C) Benefits.--Section 401(e) of the Act (7 U.S.C. 1421(e)) is amended-- (i) in paragraph (1), by striking ``(1)''; and (ii) by striking paragraph (2). (D) Personal liability of producers for deficiencies.--Section 405 of the Act (7 U.S.C. 1425) is amended-- (i) in subsection (a), by striking ``(a)''; and (ii) by striking subsection (b). (E) Powers of commodity credit corporation.-- Section 5(a) of the Commodity Credit Corporation Charter Act (7 U.S.C. 714c(a)) is amended by inserting ``(except for sugar beets and sugarcane)'' after ``agricultural commodities''. (2) Termination of acreage allotments and marketing quotas.-- (A) Termination.--Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is repealed. (B) Conforming Amendment.--Section 344(f)(2) of the Act (7 U.S.C. 1344(f)(2)) is amended by striking ``sugar cane for sugar, sugar beets for sugar,''. (3) Conforming amendments regarding prevention of government accumulation of sugar.--Section 902 of the Food Security Act of 1985 (7 U.S.C. 1446g note) is amended-- (A) by striking subsection (a); and (B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (4) Conforming amendment regarding section 32 activities.-- The second sentence of the first paragraph of section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) is amended by inserting ``(other than sugar beets and sugarcane)'' after ``commodity'' the last place it appears. (5) Prohibition on subsequent provision of price support.-- (A) Prohibition.--After the effective date of this subsection, the Secretary of Agriculture may not make price support available, whether in the form of loans, payments, purchases, or other operations, for crops of sugar beets or sugarcane by using the funds of the Commodity Credit Corporation or under the authority of any law. (B) Exception.--Notwithstanding subparagraph (A), the Secretary shall settle any outstanding loans under section 206 of the Agricultural Act of 1949 (7 U.S.C. 1446g) made before the effective date of this subsection. (6) Effect on existing liability.--The amendments made by this subsection shall not affect the liability of any person under any provision of law as in effect before the effective date of this subsection. (7) Effective date.--This subsection and the amendments made by this subsection shall become effective on October 1, 1996. (e) Elimination of Market Promotion Program.-- (1) In general.--Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) is repealed. (2) Conforming amendments.-- (A) Section 211 of the Act (7 U.S.C. 5641) is amended by striking subsection (c). (B) Section 402(a)(1) of the Act (7 U.S.C. 5662(a)(1)) is amended by striking ``203,''. (C) Section 1302 of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66; 7 U.S.C. 5623 note) is repealed. (f) Elimination of Export Enhancement Program.-- (1) In general.--Section 301 of the Agricultural Trade Act of 1978 (7 U.S.C. 5651) is repealed. (2) Conforming amendments.-- (A) Section 103(d)(2) of the Act (7 U.S.C. 5603(d)(2)) is amended by striking ``(as amended) and the program under section 301''. (B) The title heading of title III of the Act (7 U.S.C. prec. 5651) is amended to read as follows: ``TITLE III--RELIEF FROM UNFAIR TRADE PRACTICES''. (C) Section 303 of the Act (7 U.S.C. 5653) is amended by striking ``, such as that established under section 301,''. (D) Section 401 of the Act (7 U.S.C. 5661) is amended by striking ``sections 201, 202, and 301'' each place it appears in subsections (a) and (b) and inserting ``sections 201 and 202''. (E) Section 402(a)(1) of the Act (7 U.S.C. 5662(a)(1)) (as amended by section 301(b)(2)) is further amended by striking ``sections 201, 202, and 301'' and inserting ``sections 201 and 202''.", "summary": "Responsible Deficit Reduction Act of 1995 - Amends House Concurrent Resolution 67, 104th Congress to revise the definition of \"discretionary spending limit\" so as to reduce and specify new budget authority and outlay levels only for FY 1996 through 2000 ( H. Con. Res. 67 covered through FY 2002). (Sec. 3) Modifies the deficit reduction assumptions in the conference report on that resolution. (Sec. 4) Declares that, notwithstanding any other law governing sales of electric power by the Alaska Power Marketing Administration, the Bonneville Power Marketing Administration, the Southern Power Marketing Administration, the Southeastern Power Marketing Administration, or the Western Area Power Marketing Administration (each referred to as \"the Administration\"): (1) offers of power sales by the Administration shall be made on a nonpreferential basis to public bodies and cooperatives and private persons; (2) sales of power by the Administration shall be made to the persons offering the highest price; and (3) the Administration shall not be required to acquire for sale to any public body or cooperative or any other person any amount of power in excess of that generated by the projects from which the Administration sells power. Amends the Nuclear Waste Policy Act of 1982 to: (1) require annual inflation adjustment of storage fees; and (2) establish deadlines for the payment of principal and interest on storage fees. Amends the Communications Act of 1934 to modify license application competitive bidding requirements. Removes provisions terminating the authority of the Federal Communications Commission to grant a license or permit under specified provisions. Amends the Agricultural Act of 1949 to end the authority to provide price support for sugar beets and sugarcane. Removes provisions relating to security interests obtained by the Commodity Credit Corporation resulting from security agreements by sugar beet and sugarcane processors. Amends the Commodity Credit Corporation Charter Act to exclude sugar beets and sugarcane from the general power of the Commodity Credit Corporation to support agricultural commodity prices. Amends the Agricultural Adjustment Act to repeal marketing quota provisions relating to information reporting by sugarcane processors, cane sugar refiners, sugar beet processors, manufacturers of crystalline fructose, and producers of sugarcane or sugar beets. Prohibits the Secretary of Agriculture from making price support available (in the form of loans, payments, purchases, or other operations) for sugar beets or sugarcane under any law, except for settling outstanding loans under specified provisions. Amends the Agricultural Trade Act of 1978 to repeal provisions mandating a commodity export market promotion program and provisions mandating a commodity export enhancement program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Development Act of 1994''. SEC. 2. GLOBAL ENVIRONMENT FACILITY. The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended by adding at the end the following: ``SEC. 61. CONTRIBUTION TO GLOBAL ENVIRONMENT FACILITY. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Bank may contribute $400,000,000 on behalf of the United States to the Global Environment Facility. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury not more than $400,000,000, without fiscal year limitation.''. SEC. 3. AFRICAN DEVELOPMENT FUND. (a) In General.--The African Development Fund Act (22 U.S.C. 290g- 290g-15) is amended by adding at the end the following: ``SEC. 217. SEVENTH REPLENISHMENT. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Fund may contribute $315,000,000 to the seventh replenishment of the resources of the Fund. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury not more than $315,000,000, without fiscal year limitation.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the later of-- (1) October 1, 1994; or (2) the date the Secretary of the Treasury notifies the Congress that the negotiations of the seventh replenishment of the resources of the African Development Fund have been concluded successfully. SEC. 4. INTER-AMERICAN DEVELOPMENT BANK AND FUND FOR SPECIAL OPERATIONS. The Inter-American Development Bank Act (22 U.S.C. 283-283z-9) is amended by adding at the end the following: ``SEC. 38. CAPITAL INCREASE; INCREASE IN RESOURCES OF FUND FOR SPECIAL OPERATIONS. ``(a) Authority To Vote for Increase in Authorized Capital Stock of Bank and Increase in Resources of Fund for Special Operations.--The United States Governor of the Bank may vote for resolutions which-- ``(1) were transmitted by the Board of Executive Directors to the Governors of the Bank by resolution of __________; ``(2) are pending before the Board of Governors of the Bank; and ``(3) provide for-- ``(A) an increase in the authorized capital stock of the Bank and subscriptions to the Bank; and ``(B) an increase in the resources of the Fund for Special Operations and contributions to the Fund. ``(b) Subscription and Contribution Authority.-- ``(1) In general.--On adoption of the resolutions described in subsection (a), the United States Governor of the Bank may, on behalf of the United States-- ``(A) subscribe to 760,644 shares of the increase in the authorized capital stock of the Bank, 12,738 of which shall be shares of paid-in capital stock and 747,906 of which shall be shares of callable capital stock; and ``(B) contribute $82,304,000 to the Fund for Special Operations. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(c) Limitations on Authorization of Appropriations.-- ``(1) Subscription.--For the subscription authorized by subsection (b)(1)(A), there are authorized to be appropriated to the Secretary of the Treasury, without fiscal year limitation-- ``(A) not more than $76,832,001 for shares of paid- in capital stock of the Bank; and ``(B) not more than $4,511,156,729 for shares of callable capital stock of the Bank. ``(2) Contribution.--For the contribution authorized by subsection (b)(1)(B), there are authorized to be appropriated to the Secretary of the Treasury not more than $82,304,000, without fiscal year limitation. ``(d) Authority To Vote for Certain Resolutions.--The United States Governor of the Bank may vote for a proposed resolution of the Board of Governors entitled `Amendments to the Agreement Establishing the Inter- American Development Bank, the Regulations of the Board of Governors, the General Rules Governing Admission of Nonregional Countries to Membership in the Bank, and the Regulations for the Election of Executive Directors', which was submitted to the Board of Governors pursuant to a resolution of the Board of Executive Directors approved on __________.''. SEC. 5. ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND. The Bretton Woods Agreements Act (22 U.S.C. 286-286mm), as amended by section 2 of this Act, is amended by adding at the end the following: ``SEC. 62. CONTRIBUTION TO THE INTEREST SUBSIDY ACCOUNT OF THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND. ``(a) Contribution Authority.-- ``(1) In general.--Subject to paragraph (2), the United States Governor of the Fund may make contributions on behalf of the United States in fulfillment of the United States commitment to contribute to the Interest Subsidy Account of the Enhanced Structural Adjustment Facility of the Fund. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(b) Limitation on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury not more than $25,000,000, without fiscal year limitation.''. SEC. 6. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY INVOLVEMENT IN THE ECONOMIES OF RECIPIENT COUNTRIES. Title XV of the International Financial Institutions Act (22 U.S.C. 262o) is amended by adding at the end the following: ``SEC. 1502. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY INVOLVEMENT IN THE ECONOMIES OF RECIPIENT COUNTRIES. ``(a) Consideration of Commitment to Achieving Certain Goals.--The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions (as defined in section 1701(c)(2)) to promote growth in the international economy by taking into account, when considering whether to support or oppose loan proposals at these institutions, the extent to which the recipient government has demonstrated a commitment to achieving the following goals: ``(1) To provide accurate and complete data on the annual expenditures and receipts of the armed forces. ``(2) To end excessive military involvement in the economy. ``(3) To make substantial reductions in excessive military spending and forces. ``(4) To end corruption involoving members of the armed forces. The Secretary shall submit to the Committees on Banking, Finance and Urban Affairs and on Appropriations of the House of Representatives and the Committees on Foreign Relations and on Appropriations of the Senate a report on the steps taken to determine appropriate definitions of the goals set forth in subsection (a). ``(b) Steps to Achieve Goals Required.--The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions (as so defined) to promote a policy at each institution under which-- ``(1) the staff will include in its supporting documents for each proposed loan a report on military expenditures and an assessment of the steps taken by the recipient government to achieve the goals set forth in subsection (a); ``(2) the governing body will not approve proposed loans where insufficient effort has been made to achieve such goals, except in cases where the proposed loans are specifically designed to meet the basic human needs of the poor; and ``(3) a report on military expenditures and an assessment of the steps taken by the recipient government to achieve the goals set forth in subsection (a) will be included in regular policy consultations with developing countries. ``(c) Conditional Opposition to Loans to Indonesia.--In furtherance of the policy established by subsection (a), the Secretary of the Treasury, in consultation with the Secretary of State, shall, not later than May 1, 1995, submit to the Committees on Banking, Finance and Urban Affairs and on Appropriations of the House of Representatives and the Committees on Foreign Relations and on Appropriations of the Senate a report on the performance of the Government of Indonesia in achieving or implementing a credible plan to achieve the goals set forth in subsection (a).''. SEC. 7. RESPECT FOR INDIGENOUS PEOPLES. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-5) is amended by redesignating section 1620 as section 1621 and by inserting after section 1619 the following: ``SEC. 1620. RESPECT FOR INDIGENOUS PEOPLES. ``The Secretary of the Treasury shall direct the United States Executive Directors of the international financial institutions (as defined in section 1701(c)(2)) and the United States representative to the council of the Global Environment Facility administered by the International Bank for Reconstruction and Development to use the voice and vote of the United States to bring about the creation and full implementation of policies designed to promote respect for and full protection of the territorial rights, traditional economies, cultural integrity, traditional knowledge, and human rights of indigenous peoples.''. SEC. 8. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE CARRIBEAN. The Inter-American Development Bank Act (22 U.S.C. 283-283z-9) is amended by adding at the end the following: ``SEC. 38. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE CARRIBEAN. ``The Secretary of the Treasury shall direct the United States Executive Director of the Bank to use the voice and vote of the United States to support an increased focus on the poorest countries in Latin America and the Carribean, and on poorer areas of better off countries, and to support porgrams conducted by the Multilateral Investment Fund, particularly in targeting low-income countries and populations, working with nongovernmental organizations and training and assisting former combatants from civil conflicts in Latin America.''. SEC. 9. GUARANTEE OF WORKER RIGHTS. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-5), as amended by section 7 of this Act, is amended by redesignating section 1621 as section 1622 and by inserting after section 1620 the following: ``SEC. 1621. GUARANTEE OF WORKER RIGHTS. ``The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of this Act) to use the voice and vote of the United States to urge the respective institution to adopt policies to encourage borrowing countries to guarantee internationally recognized worker rights (within the meaning of section 502(a)(4) of the Trade Act of 1974).''.", "summary": "International Development Act of 1994 - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the World Bank to contribute a specified amount to the Global Environment Facility. Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the seventh replenishment of the Fund. Amends the Inter-American Development Bank Act to authorize the U.S. Governor of the Inter-American Development Bank, upon adoption of resolutions, to subscribe to an increase in the authorized capital stock of the Bank and contribute a specified amount to the Fund for Special Operations. Authorizes the U.S. Governor of the International Monetary Fund (IMF) to contribute to the Interest Subsidy Account of the Enhanced Structural Adjustment Facility of the IMF. Authorizes appropriations. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Directors of certain international financial institutions to take into account, when considering whether to support or oppose loan proposals, the extent to which the recipient government has demonstrated a commitment to achieving the following: (1) providing accurate and complete data on the annual expenditures and receipts of the armed forces; (2) ending excessive military involvement in the economy; (3) making substantial reductions in excessive military spending and forces; and (4) ending corruption involving members of the armed forces. Requires the Secretary to report to specified congressional committees on the Government of Indonesia's performance in achieving such goals. Directs the Secretary to instruct the U.S. Executive Directors to bring about policies to promote respect for, and rights of, indigenous peoples. Requires the Secretary to instruct the U.S. Executive Director of the Inter-American Development Bank to support an increased focus on the poorest countries in Latin America and the Caribbean and to support programs of the Multilateral Investment Fund. Requires the Secretary to direct the U.S. Executive Directors to urge their respective institutions to adopt policies to encourage borrowing countries to guarantee internationally recognized worker rights."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Business Bribery Prohibition Act of 2016''. SEC. 2. ACTIONS AUTHORIZED. (a) Prohibited Foreign Practices by Domestic Concerns.--Section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2) is amended by adding at the end the following: ``(j) Private Right of Action Authorized.-- ``(1) Authorized plaintiffs.--Any person that violates subsection (a) shall be liable in an action brought in accordance with this subsection in any court of competent jurisdiction to any issuer that is subject to section 30A of the Securities Exchange Act of 1934, domestic concern that is subject to this section, or other person that is a United States person, that is damaged by the violation of subsection (a) of this section, for damages caused to such issuer, domestic concern, or other person by the violation. ``(2) Proof of damages.--For purposes of this subsection, the court may not find for the plaintiff in an action under this subsection unless the plaintiff alleges and proves that-- ``(A) the defendant violated subsection (a); and ``(B) the defendant's violation of subsection (a)-- ``(i) prevented the plaintiff from obtaining or retaining business for or with any person; and ``(ii) assisted the defendant in obtaining or retaining such business. ``(3) Measure of damages.-- ``(A) In general.--The damages that a plaintiff may obtain in an action under this subsection may be equal to the higher of the two following amounts that are established by the plaintiff's allegations and proof: ``(i) The total amount of the contract or agreement that the defendant gained in obtaining or retaining business by means of the violation of subsection (a). ``(ii) The total amount of the contract or agreement that the plaintiff failed to gain because of the defendant's obtaining or retaining business by means of the violation of subsection (a). ``(B) Treble damages.--In assessing damages under subparagraph (A), the court shall enter judgment for three times the amount determined under clause (i) or (ii) of such subparagraph (whichever is greater), together with a reasonable attorney's fee and costs, for the violation of subsection (a). ``(4) Exception for routine governmental action.--The exception in subsection (b) shall apply to an action under this subsection. ``(5) Affirmative defenses.--The affirmative defenses in subsection (c) shall apply to an action under this subsection. ``(6) Contribution.--Each person who becomes liable to make payment under this subsection may recover contribution as in cases of contract from any person who, if joined in the original suit, would have been liable to make the same payment. ``(7) Statute of limitations.--No action may be maintained to enforce any liability created under this subsection unless brought within 3 years after the discovery of the facts constituting the cause of action and within 6 years after the cause of action accrued. ``(8) United states person defined.--In this subsection, the term `United States person' has the meaning given that term in subsection (i)(2).''. (b) Prohibited Foreign Practices by Other Persons.--Section 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-3) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Private Right of Action Authorized.-- ``(1) Authorized plaintiffs.--Any person that violates subsection (a) shall be liable in an action brought in accordance with this subsection in any court of competent jurisdiction to any issuer that is subject to section 30A of the Securities Exchange Act of 1934, domestic concern that is subject to section 104 of this Act, or other person that is a United States person, that is damaged by the violation of subsection (a) of this section, for damages caused to such issuer, domestic concern, or other person by the violation. ``(2) Proof of damages.--For purposes of this subsection, the court may not find for the plaintiff in an action under this subsection unless the plaintiff alleges and proves that-- ``(A) the defendant violated subsection (a); and ``(B) the defendant's violation of subsection (a)-- ``(i) prevented the plaintiff from obtaining or retaining business for or with any person; and ``(ii) assisted the defendant in obtaining or retaining such business. ``(3) Measure of damages.-- ``(A) In general.--The damages that a plaintiff may obtain in an action under this subsection may be equal to the higher of the two following amounts that are established by the plaintiff's allegations and proof: ``(i) The total amount of the contract or agreement that the defendant gained in obtaining or retaining business by means of the violation of subsection (a). ``(ii) The total amount of the contract or agreement that the plaintiff failed to gain because of the defendant's obtaining or retaining business by means of the violation of subsection (a). ``(B) Treble damages.--In assessing damages under subparagraph (A), the court shall enter judgment for three times the amount determined under clause (i) or (ii) of such subparagraph (whichever is greater), together with a reasonable attorney's fee and costs, for the violation of subsection (a). ``(4) Exception for routine governmental action.--The exception in subsection (b) shall apply to an action under this subsection. ``(5) Affirmative defenses.--The affirmative defenses in subsection (c) shall apply to an action under this subsection. ``(6) Contribution.--Each person who becomes liable to make payment under this subsection may recover contribution as in cases of contract from any person who, if joined in the original suit, would have been liable to make the same payment. ``(7) Statute of limitations.--No action may be maintained to enforce any liability created under this subsection unless brought within 3 years after the discovery of the facts constituting the cause of action and within 6 years after the cause of action accrued. ``(8) United states person defined.--In this subsection, the term `United States person' has the meaning given that term in subsection (i)(2).''. (c) Prohibited Foreign Practices by Issuers.--Section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) is amended by adding at the end the following: ``(h) Private Right of Action Authorized.-- ``(1) Authorized plaintiffs.--Any person that violates subsection (a) shall be liable in an action brought in accordance with this subsection in any court of competent jurisdiction to any issuer that is subject to this section, domestic concern that is subject to section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2), or other person that is a United States person, that is damaged by the violation of subsection (a) of this section, for damages caused to such issuer, domestic concern, or other person by the violation. ``(2) Proof of damages.--For purposes of this subsection, the court may not find for the plaintiff in an action under this subsection unless the plaintiff alleges and proves that-- ``(A) the defendant violated subsection (a); and ``(B) the defendant's violation of subsection (a)-- ``(i) prevented the plaintiff from obtaining or retaining business for or with any person; and ``(ii) assisted the defendant in obtaining or retaining such business. ``(3) Measure of damages.-- ``(A) In general.--The damages that a plaintiff may obtain in an action under this subsection may be equal to the higher of the two following amounts that are established by the plaintiff's allegations and proof: ``(i) The total amount of the contract or agreement that the defendant gained in obtaining or retaining business by means of the violation of subsection (a). ``(ii) The total amount of the contract or agreement that the plaintiff failed to gain because of the defendant's obtaining or retaining business by means of the violation of subsection (a). ``(B) Treble damages.--In assessing damages under subparagraph (A), the court shall enter judgment for three times the amount determined under clause (i) or (ii) of such subparagraph (whichever is greater), together with a reasonable attorney's fee and costs, for the violation of subsection (a). ``(4) Exception for routine governmental action.--The exception in subsection (b) shall apply to an action under this subsection. ``(5) Affirmative defenses.--The affirmative defenses in subsection (c) shall apply to an action under this subsection. ``(6) Contribution.--Each person who becomes liable to make payment under this subsection may recover contribution as in cases of contract from any person who, if joined in the original suit, would have been liable to make the same payment. ``(7) Statute of limitations.--No action shall be maintained to enforce any liability created under this subsection unless brought within 3 years after the discovery of the facts constituting the cause of action and within 6 years after the cause of action accrued. ``(8) United states person defined.--In this subsection, the term `United States person' has the meaning given that term in subsection (g)(2).''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to causes of action accruing on or after such date of enactment.", "summary": "Foreign Business Bribery Prohibition Act of 2016 This bill amends the Foreign Corrupt Practices Act of 1977 (FCPA) to authorize private rights of action against persons that violate the FCPA's anti-bribery provisions, which prohibit giving things of value to foreign officials or political parties for purposes of obtaining or retaining business. A person that violates the FCPA's anti-bribery provisions shall be liable for up to treble damages to a securities issuer, domestic business concern, or U.S. person damaged by the violation. A plaintiff must prove an FCPA anti-bribery violation by the defendant that: (1) prevented the plaintiff from obtaining or retaining business, and (2) assisted the defendant in obtaining or retaining such business."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Health Care Policy Enhancement Act of 2008''. SEC. 2. PROHIBITION ON COLLECTION OF CERTAIN COPAYMENTS FROM VETERANS WHO ARE CATASTROPHICALLY DISABLED. (a) Prohibition on Collection of Copayments and Other Fees for Hospital or Nursing Home Care.--Section 1710 of title 38, United States Code, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): ``(h) Notwithstanding any other provision of this section, a veteran who is catastrophically disabled shall not be required to make any payment otherwise required under subsection (f) or (g) for the receipt of hospital care or nursing home care under this section.''. (b) Effective Date.--Subsection (h) of section 1710 of title 38, United States Code, as added by subsection (a), shall apply with respect to hospital care or nursing home care provided after the date of the enactment of this Act. SEC. 3. EXPANSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO PROVIDE COUNSELING FOR FAMILY MEMBERS OF VETERANS RECEIVING NONSERVICE-CONNECTED TREATMENT. Section 1782(b) of title 38, United States Code, is amended by striking ``if--'' and all that follows and inserting a period. SEC. 4. COMPREHENSIVE POLICY ON PAIN MANAGEMENT. (a) Comprehensive Policy Required.--Not later than October 1, 2008, the Secretary of Veterans Affairs shall develop and implement a comprehensive policy on the management of pain experienced by veterans enrolled for health care services provided by the Department of Veterans Affairs. (b) Scope of Policy.--The policy required by subsection (a) shall cover each of the following: (1) The systemwide management of acute and chronic pain experienced by veterans. (2) The standard of care for pain management to be used throughout the Department. (3) The consistent application of pain assessments to be used throughout the Department. (4) The assurance of prompt and appropriate pain care treatment and management by the Department, systemwide, when medically necessary. (5) The Department's program of research related to acute and chronic pain suffered by veterans, including pain attributable to central and peripheral nervous system damage characteristic of injuries incurred in modern warfare. (6) The Department's program of pain care education and training for health care personnel of the Department. (7) The Department's program of patient education for veterans suffering from acute or chronic pain and their families. (c) Updates.--The Secretary shall revise the policy developed under subsection (a) on a periodic basis in accordance with experience and evolving best practice guidelines. (d) Consultation.--The Secretary shall develop the policy developed under subsection (a), and revise such policy under subsection (c), in consultation with veterans service organizations and organizations with expertise in the assessment, diagnosis, treatment, and management of pain. (e) Annual Report.-- (1) In general.--Not later than 180 days after the date of the completion and initial implementation of the policy under subsection (a) and on October 1 of every fiscal year thereafter through fiscal year 2018, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the implementation of the policy developed under subsection (a). (2) Contents.--The report required by paragraph (1) shall include the following: (A) A description of the policy developed and implemented under subsection (a) and any revisions to such policy under subsection (c). (B) A description of the performance measures used to determine the effectiveness of such policy in improving pain care for veterans systemwide. (C) An assessment of the adequacy of the Department's pain management services based on a survey of patients managed in Department clinics. (D) An assessment of the Department's research programs relevant to the treatment of the types of acute and chronic pain suffered by veterans. (E) An assessment of the training provided to Department health care personnel with respect to the diagnosis, treatment, and management of acute and chronic pain. (F) An assessment of the Department's pain care- related patient education programs. (f) Veterans Service Organization Defined.--In this section, the term ``veterans service organization'' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. SEC. 5. ESTABLISHMENT OF CONSOLIDATED PATIENT ACCOUNTING CENTERS. (a) Establishment of Centers.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1729A the following: ``Sec. 1729B. Consolidated patient accounting centers ``(a) In General.--Not later than 5 years after the date of enactment of this section, the Secretary of Veterans Affairs shall establish not more than seven consolidated patient accounting centers for conducting industry-modeled regionalized billing and collection activities of the Department. ``(b) Functions.--The centers shall carry out the following functions: ``(1) Reengineer and integrate all business processes of the revenue cycle of the Department. ``(2) Standardize and coordinate all activities of the Department related to the revenue cycle for all health care services furnished to veterans for nonservice-connected medical conditions. ``(3) Apply commercial industry standards for measures of access, timeliness, and performance metrics with respect to revenue enhancement of the Department. ``(4) Apply other requirements with respect to such revenue cycle improvement as the Secretary may specify.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1729A the following: ``1729B. Consolidated patient accounting centers.''. SEC. 6. SIMPLIFYING AND UPDATING NATIONAL STANDARDS TO ENCOURAGE TESTING OF THE HUMAN IMMUNODEFICIENCY VIRUS. Section 124 of the Veterans' Benefits and Services Act of 1988 (38 U.S.C. 7333 note; 102 Stat. 505) and the item relating to such section in the table of contents of such Act (102 Stat. 487) are repealed. Passed the House of Representatives July 30, 2008. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Veterans' Health Care Policy Enhancement Act of 2008 - (Sec. 2) Prohibits the collection by the Department of Veterans Affairs (VA) of copayments or other fees for hospital or nursing home care in the case of catastrophically disabled veterans. (Sec. 3) Repeals a current requirement that, in order for a family member of a non-service-connected disabled veteran to be eligible for counseling services, the counseling must be essential to permit the discharge of the veteran from the hospital. (Sec. 4) Directs the Secretary of Veterans Affairs to: (1) develop and implement a comprehensive policy on the management of pain experienced by veterans enrolled for VA health care services; (2) periodically revise the policy; and (3) report annually through FY2018 to the congressional veterans' committees on policy implementation. (Sec. 5) Requires the Secretary, within five years after the enactment of this Act, to establish up to seven consolidated patient accounting centers for conducting industry-modeled regionalized VA billing and collection activities. (Sec. 6) Repeals a provision of the Veterans' Benefits and Services Act of 1988 requiring written informed consent for HIV testing among veterans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Drought Relief Act of 1998''. SEC. 2. LOAN RATES FOR MARKETING ASSISTANCE LOANS FOR CERTAIN CROPS. (a) Wheat.--Subsection (a) of section 132 of the Agricultural Market Transition Act (7 U.S.C. 7232) is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) Loan rate.--Subject to paragraph (2), the loan rate for a marketing assistance loan under section 131 for wheat shall be equal to not less than 85 percent of the simple average price received by producers of wheat, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of wheat, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. (b) Feed Grains.--Subsection (b) of such section is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) Loan rate for corn.--Subject to paragraph (2), the loan rate for a marketing assistance loan under section 131 for corn shall be equal to not less than 85 percent of the simple average price received by producers of corn, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of corn, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. (c) Upland Cotton.--Subsection (c)(2) of such section is amended by striking ``or more than $0.5192 per pound''. (d) Extra Long Staple Cotton.--Subsection (d) of such section is amended to read as follows: ``(d) Extra Long Staple Cotton.--The loan rate for a marketing assistance loan under section 131 for extra long staple cotton shall be equal to not less than 85 percent of the simple average price received by producers of extra long staple cotton, as determined by the Secretary, during 3 years of the 5-year period ending July 31 of the year preceding the year in which the crop is planted, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. (e) Oilseeds.--Subsection (f) of such section is amended-- (1) in paragraph (1)(B), by striking ``or more than $5.26''; and (2) in paragraph (2)(B), by striking ``or more than $0.093''. SEC. 3. COST-SHARE ASSISTANCE FOR AGRICULTURAL PRODUCERS PERFORMING CERTAIN DROUGHT ALLEVIATION PROJECTS. (a) Definitions.--In this section: (1) Designated disaster area.--The term ``designated disaster area'' means an area that is covered by a Presidential declaration of major disaster issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or determined to be a disaster area by the Secretary of Agriculture under subpart A of part 1945 of title 7, Code of Federal Regulations, if the basis for the Presidential declaration or Secretarial determination is at least in part the result of drought conditions in the area. (2) Eligible land.--The term ``eligible land'' means agricultural land, including cropland, rangeland, pasture, and other land on which crops or livestock are produced, or land used to support the production of crops or livestock. (3) Livestock.--The term ``livestock'' means dairy cattle, beef cattle, laying hens, broilers, turkeys, swine, sheep, and such other animals as determined by the Secretary. (4) Producer.--The term ``producer'' means a person who is engaged in livestock or agricultural production (as defined by the Secretary). (b) Authority To Provide Assistance.--During the 1999 through 2002 fiscal years, the Secretary of Agriculture may provide technical assistance and cost-share payments to a producer who undertakes on eligible lands in a designated disaster area a project intended to alleviate or otherwise respond to the effects of drought on crop or livestock production. A producer may apply for cost-share payments under this section before undertaking an eligible project, during the course of the project, or within one year after completing the project. A project may be completed after the expiration of the designation of an area as a designated disaster area. (c) Eligible Projects.--The projects for which assistance may be provided under this section include-- (1) the installation of water wells to be used primarily for crop irrigation or livestock watering; (2) the dredging of ponds or other small bodies of water on eligible lands; and (3) the extension of public water supply lines to serve eligible lands. (d) Offer Selection Process.--The Secretary of Agriculture shall, to the maximum extent practicable, establish a process for selecting applications for financial assistance if there are numerous applications for assistance for eligible projects that would provide substantially the same level of benefits. The process shall be based on-- (1) a reasonable estimate of the projected cost of the proposals and other factors identified by the Secretary for determining which applications will result in the least cost to the program authorized by this section; and (2) such other factors determined by the Secretary that maximize benefits in designated disaster areas per dollar expended. (e) Concurrence of Owner.--If the producer making an offer to receive assistance is a tenant using the eligible land, for the offer to be acceptable, the producer shall obtain the concurrence of the owner of the eligible land with respect to the offer. (f) Amount of Cost-Share Payments.--The Federal share of cost-share payments to a producer proposing to implement one or more eligible project shall be not more than 75 percent of the projected cost of the project, as determined by the Secretary of Agriculture, taking into consideration any payment received by the producer from a State or local government. A producer may not receive cost-share payments under this section for a project if the producer receives cost-share payments or other benefits for the same project under another provision of law. (g) Technical Assistance.--The receipt of technical assistance under this section shall not affect the eligibility of the producer to receive technical assistance under other authorities of law available to the Secretary of Agriculture. (h) Retroactive Effect.--This section shall apply to eligible projects commenced in designated disaster areas on or after January 1, 1998. SEC. 4. AUTHORITY TO PROVIDE EMERGENCY LOANS BASED ON ESTIMATED LOSSES. Subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961-1970) is amended by inserting after section 327 the following: ``Sec. 328. In this subtitle, the terms `actual loss' and `actual production loss' mean actual loss or (if greater) the estimated loss as determined by the relevant county committee.''. SEC. 5. BORROWER ELECTION TO DEFER INTEREST PAYMENTS ON EMERGENCY LOANS. Section 324 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1964) is amended by adding at the end the following: ``(f) A borrower of a loan made under this subtitle may elect to defer the payment of any or all interest on the loan until the end of the period for which the loan is made.''.", "summary": "Emergency Drought Relief Act of 1998 - Amends the Agricultural Market Transition Act to eliminate marketing assistance loan rate caps for wheat, corn and feed grains, upland and extra long staple cotton, and oilseeds. Authorizes the Secretary of Agriculture to (temporarily) provide cost-share assistance for crop and livestock producers performing certain drought alleviation projects. Makes such assistance available retroactively to eligible projects begun as of January 1, 1998. Amends the Consolidated Farm and Rural Development Act to authorize: (1) emergency loans based upon estimated losses; and (2) emergency loan interest deferral."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Empowerment Act''. SEC. 2. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter X--Educational Empowerment Zones ``Sec. 1400E. Designation of educational empowerment zones. ``SEC. 1400E. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES. ``(a) Designation.-- ``(1) Educational empowerment zone.--For purposes of this title, the term `educational empowerment zone' means any area-- ``(A) which is nominated by one or more local governments and the State or States in which it is located for designation as an educational empowerment zone (hereinafter in this section referred to as a `nominated area'), and ``(B) which the Secretary of Health and Human Services and the Secretary of Education (hereinafter in this section referred to as the `Secretaries concerned') jointly designate as an educational empowerment zone. ``(2) Number of designations.--The Secretaries concerned may designate not more than 30 nominated areas as educational empowerment zones. ``(3) Areas designated based on degree of poverty, etc.-- Except as otherwise provided in this section, the nominated areas designated as educational empowerment zones under this subsection shall be those nominated areas with the highest average ranking with respect to the criteria described in subsection (c)(3). For purposes of the preceding sentence, an area shall be ranked within each such criterion on the basis of the amount by which the area exceeds such criterion, with the area which exceeds such criterion by the greatest amount given the highest ranking. ``(4) Limitation on designations.-- ``(A) Publication of regulations.--The Secretaries concerned shall prescribe by regulation no later than 4 months after the date of the enactment of this section-- ``(i) the procedures for nominating an area under paragraph (1)(A), ``(ii) the parameters relating to the size and population characteristics of an educational empowerment zone, and ``(iii) the manner in which nominated areas will be evaluated based on the criteria specified in subsection (c). ``(B) Time limitations.--The Secretaries concerned may designate nominated areas as educational empowerment zones only during the 24-month period beginning on the first day of the first month following the month in which the regulations described in subparagraph (A) are prescribed. ``(C) Procedural rules.--The Secretaries concerned shall not make any designation of a nominated area as an educational empowerment zone under paragraph (2) unless-- ``(i) a nomination regarding such area is submitted in such a manner and in such form, and contains such information, as the Secretaries concerned shall by regulation prescribe, and ``(ii) the Secretaries concerned determine that any information furnished is reasonably accurate. ``(5) Nomination process for indian reservations.--For purposes of this subchapter, in the case of a nominated area on an Indian reservation, the reservation governing body (as determined by the Secretary of the Interior) shall be treated as being both the State and local governments with respect to such area. ``(b) Period for Which Designation Is in Effect.--Any designation of an area as an educational empowerment zone shall remain in effect during the period beginning on the date of the designation and ending on the earliest of-- ``(1) December 31, 2005, ``(2) the termination date designated by the State and local governments in their nomination, or ``(3) the date the Secretaries concerned revoke such designation. ``(c) Area and Eligibility Requirements.-- ``(1) In general.--The Secretary of Commerce may designate a nominated area as an educational empowerment zone under subsection (a) only if the area meets the requirements of paragraphs (2) and (3) of this subsection. ``(2) Area requirements.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if-- ``(A) the area is within the jurisdiction of one or more local governments, ``(B) the boundary of the area is continuous, and ``(C) the area does not include an empowerment zone (as defined in section 1393(b)) other than such a zone designated under section 1391(g). ``(3) Eligibility requirements.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if the State and the local governments in which it is located certify that the nominated area satisfies such conditions as the Secretary of Education deems appropriate. ``(4) Consideration of dropout rate, etc.--The Secretary of Education, in setting forth the conditions for eligibility pursuant to paragraph (3), shall take into account the extent to which an area has low-income families, a high dropout rate, a high rate of teen pregnancy, and large school class sizes. ``(d) Coordination With Treatment of Enterprise Communities.--For purposes of this title, if there are in effect with respect to the same area both-- ``(1) a designation as an educational empowerment zone, and ``(2) a designation as an enterprise community, both of such designations shall be given full effect with respect to such area. ``(e) Definitions and Special Rules.--For purposes of this subchapter, rules similar to the rules of paragraphs (2), (3), (5), and (7) of section 1393 shall apply.''. (b) Clerical Amendment.--The table of subchapters for chapter 1 is amended by adding at the end the following new item: ``Subchapter X. Educational Empowerment Zones.'' SEC. 3. CREDIT FOR DONATIONS TO SCHOOL DISTRICTS IN EDUCATIONAL EMPOWERMENT ZONES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30A the following new section: ``SEC. 30B. CONTRIBUTIONS TO SCHOOL DISTRICTS IN EDUCATIONAL EMPOWERMENT ZONES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified educational empowerment zone contributions made by the taxpayer during such year. ``(b) Maximum Credit.--The amount of the credit allowed by subsection (a)-- ``(1) in the case of an individual, shall not exceed $2,000, and ``(2) in the case of any other taxpayer, shall not exceed $10,000. ``(c) Definition of Qualified Educational Empowerment Zone Contributions.--For purposes of this section, the term `qualified educational empowerment zone contributions' means cash contributions made to any school district located in an educational empowerment zone (as designated under section 1400E) if such contributions-- ``(1) but for subsection (d), would be allowable as a deduction under section 170, and ``(2) are used for any of the following purposes by the school district: ``(A) Hiring new teachers. ``(B) Increasing teacher salaries. ``(C) Training teachers. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution taken into account in computing the credit under this section. ``(e) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(f) Application With Other Credits; Carryover of Excess Credit.-- The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(2) the tentative minimum tax for the taxable year. If the credit under subsection (a) exceeds the limitation of the preceding sentence, such excess shall be added to the credit allowable under subsection (a) for the succeeding taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Contributions to school districts in educational empowerment zones.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. TEACHER LOAN FORGIVENESS PROGRAM. Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS. ``(a) Purpose.--It is the purpose of this section to encourage more individuals to enter and stay in the field of teaching mathematics, science, and related fields. ``(b) Program.-- ``(1) In general.--The Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c), a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C or comparable loans made under part D) for any new borrower after October 1, 1998, who-- ``(A) has been employed as a full-time teacher for 3 consecutive complete school years in a school that is located in an educational empowerment zone, as such term is defined in section 1400E of the Internal Revenue Code of 1986; ``(B) is a fully qualified teacher; and ``(C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Award basis; priority.-- ``(A) Award basis.--Subject to subparagraph (B), loan repayment under this section shall be on a first- come, first-served basis and subject to the availability of appropriations. ``(B) Priority.--The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year. ``(3) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(c) Loan Repayment.-- ``(1) Eligible amount.--The amount the Secretary may repay on behalf of any individual under this section shall not exceed-- ``(A) 80 percent of the sum of the principal amounts outstanding of the individual's qualifying loans at the end of 3 consecutive complete school years of service described in subsection (b)(1)(A); ``(B) an additional 10 percent of such sum at the end of each of the next 2 consecutive complete school years of such service; and ``(C) a total of more than $10,000. ``(2) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ``(4) Double benefits prohibited.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a reduction of loan obligations under both this section and section 428J or 460. ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. ``(e) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing the required number of years of qualifying employment. ``(3) Fully qualified teachers.--An application for loan repayment under this section shall include such information as is necessary to demonstrate that the applicant-- ``(A) if teaching in a public elementary or secondary school (other than as a teacher in a public charter school), has obtained State certification as a teacher (including certification obtained through alternative routes to certification) or passed the State teacher licensing exam and holds a license to teach in such State; and ``(B) if teaching in-- ``(i) an elementary school, holds a bachelor's degree and demonstrates knowledge and teaching skills in reading, writing, mathematics, science, and other areas of the elementary school curriculum; or ``(ii) a middle or secondary school, holds a bachelor's degree and demonstrates a high level of competency in all subject areas in which he or she teaches through-- ``(I) a high level of performance on a rigorous State or local academic subject areas test; or ``(II) completion of an academic major in each of the subject areas in which he or she provides instruction. ``(f) Evaluation.-- ``(1) In general.--The Secretary shall conduct, by grant or contract, an independent national evaluation of the impact of the program assisted under this section. ``(2) Competitive basis.--The grant or contract described in subsection (b) shall be awarded on a competitive basis. ``(3) Contents.--The evaluation described in this subsection shall-- ``(A) determine the number of individuals who were encouraged by the program assisted under this section to pursue teaching careers; ``(B) determine the number of individuals who remain employed in teaching mathematics, science, or related fields as a result of participation in the program; ``(C) identify the barriers to the effectiveness of the program; ``(D) assess the cost-effectiveness of the program; and ``(E) identify the number of years each individual participates in the program. ``(4) Interim and final evaluation reports.--The Secretary shall prepare and submit to the President and the Congress such interim reports regarding the evaluation described in this subsection as the Secretary deems appropriate, and shall prepare and so submit a final report regarding the evaluation by January 1, 2004.''.", "summary": "Establishes a teacher loan forgiveness program for mathematics and science teachers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Defense of Federal Networks Act of 2015''. SEC. 2. CYBER DEFENSE OF FEDERAL NETWORKS. (a) In General.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the following new sections: ``SEC. 230. CYBERSECURITY PLANS. ``(a) Intrusion Detection and Response Plan.--Not later than one year after the date of the enactment of this section, the Secretary, in coordination with the Director of the Office of Management and Budget, shall develop and implement an intrusion detection and response plan to detect, identify, and remove intruders in agency information systems. The Secretary, in coordination with the Director, shall update such plan as necessary. ``(b) Exception.--The intrusion detection and response plan required under subsection (a) shall not apply to the Department of Defense or an element of the intelligence community. ``(c) Definitions.--In this section and sections 231, 232, and 233: ``(1) Agency.--The term `agency' has the meaning given such term in section 3502 of title 44, United States Code. ``(2) Cybersecurity risk.--The term `cybersecurity risk' has the meaning given such term in the second section 226 (relating to the national cybersecurity and communications integration center). ``(3) Information system.--The term `information system' has the meaning given such term in the second section 226 (relating to the national cybersecurity and communications integration center). ``(4) Intelligence community.--The term `intelligence community' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). ``SEC. 231. ADVANCED INTERNAL DEFENSES. ``(a) Advanced Network Security Tools.-- ``(1) In general.--The Secretary shall include in the Department's efforts to continuously diagnose and mitigate cybersecurity risks advanced network security tools to improve visibility of network activity, including through the use of commercial and free or open source tools, to detect and mitigate intrusions and anomalous activity in agencies' information systems. ``(2) Development of plan.--The Secretary, in coordination with the Director of the Office of Management and Budget, shall develop and implement a plan to ensure advanced network security tools, including tools described in paragraph (1), to detect and mitigate intrusions and anomalous activity are available for use by each agency. ``(b) Prioritizing Advanced Security Tools.--The Secretary, in coordination with the Director of the Office of Management and Budget, and in consultation with the heads of appropriate agencies, shall-- ``(1) review and update operational capabilities to ensure appropriate prioritization and use of network security monitoring tools within such agency networks; and ``(2) brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on such prioritization and use. ``(c) Improved Metrics.--The Secretary, in coordination with the Director of the Office of Management and Budget, shall review and update the metrics used to measure security under section 3554 of title 44, United States Code, to include measures of intrusion and incident detection and response times. ``(d) Transparency and Accountability.--The Secretary, in coordination with the Director of the Office of Management and Budget, shall increase transparency to the public on agency cybersecurity postures, including by increasing the number of metrics available on Federal Government performance websites and, to the greatest extent practicable, displaying metrics for agencies. ``(e) Maintenance of Technologies.--Subparagraph (B) of section 3553(b)(6) of title 44, United States Code, is amended by inserting `, operating, and maintaining' after `deploying'. ``SEC. 232. FEDERAL CYBERSECURITY BEST PRACTICES. ``The Secretary, in consultation with the Director of the Office of Management and Budget, shall regularly assess and require implementation of best practices for-- ``(1) securing agency information systems against intrusion; and ``(2) preventing data exfiltration from such systems in the event of an intrusion. ``SEC. 233. ASSESSMENT; REPORTS. ``(a) Definitions.--In this section: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. ``(2) Intrusion assessments.--The term `intrusion assessments' means actions taken under the intrusion detection and response plan described in section 230 to detect, identify, and remove intruders in agency information systems. ``(3) Intrusion detection and response plan.--The term `intrusion detection and response plan' means the intrusion detection and response plan described in section 230. ``(b) GAO Assessment.--Not later than three years after the date of the enactment of this section, the Comptroller General of the United States shall conduct a study and publish a report on the effectiveness of the approach and strategy of the Department's capabilities and plans in securing agency information systems, including in the plans and assessments under sections 230, 231, and 232. ``(c) Report to Congress.--The Secretary, in coordination with the Director of the Office of Management and Budget, shall-- ``(1) not later than six months after the date of the enactment of this section and 30 days after any update thereto, submit to the appropriate congressional committees the intrusion detection and response plan described in section 230; and ``(2) not later than one year after the date of the enactment of this section and annually thereafter, submit to Congress-- ``(A) a description of the implementation of such intrusion detection and response plan; ``(B) the findings of the intrusion assessments conducted pursuant to such intrusion detection and response plan; ``(C) a description of the advanced network security tools referred to in section 231; ``(D) information relating to the results of the assessment of the Secretary of Federal cybersecurity best practices under section 232; and ``(E) the improved metrics referred to in section 231.''. (b) Definitions.--Paragraphs (1) and (2) of the second section 226 of the Homeland Security Act of 2002 (6 U.S.C. 148; relating to the national cybersecurity and communications integration center) are amended to read as follows: ``(1)(A) except as provided in subparagraph (B), the term `cybersecurity risk' means threats to and vulnerabilities of information or information systems and any related consequences caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or destruction of such information or information systems, including such related consequences caused by an act of terrorism; and ``(B) such term does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement; ``(2) the term `incident' means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system, or actually or imminently jeopardizes, without lawful authority, an information system;''. (c) Clerical Amendments.--The table of contents for subtitle C of title II of the Homeland Security Act of 2002 is amended by adding at the end the following new items: ``Sec. 230. Cybersecurity plans. ``Sec. 231. Advanced internal defenses. ``Sec. 232. Federal cybersecurity best practices. ``Sec. 233. Assessment; reports.''. SEC. 3. DUTIES OF THE SECRETARY OF HOMELAND SECURITY RELATED TO INFORMATION SECURITY. Section 3553(b)(6) of title 44, United States Code, is amended by striking subparagraphs (C) and (D) and inserting the following: ``(C) providing incident detection, analysis, mitigation, and response information, disseminating related homeland security information, and providing remote or onsite technical assistance to the head of an agency; ``(D) compiling and analyzing data on agency information security and disseminating related homeland security information; ``(E) developing and conducting targeted risk assessments, including assessments of the risk of terrorism, and operational evaluations for agency information and information systems in consultation with the heads of other agencies or governmental and private entities that own and operate such systems, that may include threat, vulnerability, and impact assessments; ``(F) in conjunction with other agencies and the private sector, assessing and fostering the development of information security technologies and capabilities for use across multiple agencies; and ``(G) coordinating with appropriate agencies and officials to ensure, to the maximum extent feasible, that policies and directives issued under paragraph (2) are complementary with-- ``(i) standards and guidelines developed for national security systems; and ``(ii) policies and directives issued by the Secretary of Defense and the Director of National Intelligence under subsection (e)(1); and''. SEC. 4. DIRECTIVES AND IMMINENT THREATS. Section 3553 of title 44, United States Code, is amended by adding at the end the following: ``(h) Direction to Agencies.-- ``(1) Authority.-- ``(A) In general.--Notwithstanding section 3554, and subject to subparagraph (B), in response to a known or reasonably suspected information security threat, vulnerability, risk, or incident, including an act of terrorism, that represents a substantial threat to the information security of an agency, the Secretary may issue a directive to the head of an agency to take any lawful action with respect to the operation of the information system, including such systems owned or operated by another entity on behalf of an agency, that collects, processes, stores, transmits, disseminates, or otherwise maintains agency information, for the purpose of protecting the information system from, or mitigating, an information security threat or an act of terrorism. ``(B) Exception.--The authorities of the Secretary under this subsection shall not apply to a system described in paragraph (2) or (3) of subsection (e). ``(2) Procedures for use of authority.--The Secretary shall-- ``(A) in coordination with the Director and in consultation with Federal contractors, as appropriate, establish procedures under which a directive may be issued under this subsection, which shall include-- ``(i) thresholds and other criteria; ``(ii) privacy and civil liberties protections; and ``(iii) providing notice to potentially affected third parties; ``(B) specify the reasons for the required action and the duration of the directive; ``(C) minimize the impact of a directive under this subsection by-- ``(i) adopting the least intrusive means possible under the circumstances to secure the agency information systems; and ``(ii) limiting the directive to the shortest period practicable; and ``(D) notify the Director and the head of any affected agency immediately upon the issuance of a directive under this subsection. ``(3) Imminent threats.-- ``(A) In general.--If the Secretary determines that there is an imminent threat, including a threat of terrorism, to agency information systems and a directive under this subsection is not reasonably likely to result in a timely response to the threat, the Secretary may authorize the use of protective capabilities under the control of the Secretary for communications or other system traffic transiting to or from or stored on an agency information system without prior consultation with the affected agency for the purpose of ensuring the security of the information, information system, or other agency information systems. ``(B) Limitation on delegation.--The authority under this paragraph may not be delegated to an official in a position lower than an Assistant Secretary of the Department of Homeland Security. ``(C) Notice.--The Secretary shall immediately notify the Director and the head and chief information officer (or equivalent official) of each affected agency of-- ``(i) any action taken under this subsection; and ``(ii) the reasons for and duration and nature of the action. ``(D) Other law.--Any action of the Secretary under this paragraph shall be consistent with applicable law. ``(4) Limitation.--The Secretary may direct or authorize lawful action or protective capability under this subsection only to-- ``(A) protect agency information from unauthorized access, use, disclosure, disruption, modification, or destruction; or ``(B) require the remediation of or protect against identified information security risks, including acts of terrorism, with respect to-- ``(i) information collected or maintained by or on behalf of an agency; or ``(ii) that portion of an information system used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency.''. SEC. 5. REPORT TO CONGRESS REGARDING DHS FUNCTIONS. Section 3553 of title 44, United States Code, as amended by section 3, is further amended by adding at the end the following new subsection: ``(i) Annual Report to Congress.--Not later than February 1 of every year, the Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, regarding the specific actions the Secretary has taken pursuant to subsections (b) and (h).''.", "summary": "Cyber Defense of Federal Networks Act of 2015 Amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS), in coordination with the Office of Management and Budget (OMB), to implement plans to: (1) detect, identify, and remove intruders in federal agencies' information systems; and (2) make advanced network security tools available for agencies to improve visibility of network activity to detect and mitigate intrusions and anomalous activity. Directs DHS to coordinate with the OMB to: (1) update government information security metrics to include measures of intrusion and incident detection and response times, and (2) display additional metrics about agency cybersecurity postures on federal government performance websites. Authorizes DHS, upon an agency's request, to operate and maintain technology that is deployed to agencies to diagnose and mitigate cyber threats and vulnerabilities. Requires DHS to regularly assess and require implementation of best practices for securing agency information systems and preventing data exfiltration. Redefines for purposes of DHS's national cybersecurity and communications integration center: (1) \"cybersecurity risk\" to exclude actions that solely involve a violation of a consumer term of service or a consumer licensing agreement; and (2) \"incident\" to include occurrences that actually or imminently jeopardize, without lawful authority, an information system, thereby replacing a standard that currently includes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies. Requires DHS to assist agencies in implementing information security practices by: (1) providing incident detection, analysis, mitigation, and response information, disseminating related homeland security information, and providing remote or onsite technical assistance; (2) developing and conducting impact assessments in consultation with other governmental and private entities; (3) assessing and fostering technologies for use across multiple agencies; and (4) ensuring that policies are coordinated with standards for national security systems and policies of the Department of Defense (DOD) and the Director of National Intelligence. Authorizes the DHS Secretary to: (1) issue a directive to an agency to take any lawful action with respect to the operation of an agency's information system in response to a known or reasonably suspected information security threat, vulnerability, risk, or incident, including an act of terrorism, that represents a substantial threat to information security; or (2) authorize, without prior consultation with the affected agency, the use of protective capabilities under the Secretary's control for communications or system traffic transiting to or from or stored on an agency information system if there is an imminent threat and a directive is unlikely to be timely. Exempts DOD and the intelligence community from such procedures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Save America's Utility Infrastructure and Secure America Now Act of 2008''. SEC. 2. FINDINGS. The Congress finds that: (1) The blackout of August 2003 in the Northeast, Midwest, and adjoining parts of Canada highlighted the need for infrastructure and operating improvements. (2) In 2005 Hurricane Wilma destroyed power in most of southern Florida, and within 6 months, Florida utility regulators inserted requirements that utilities harden their system over time and create a regular schedule of clearing vegetation from power lines to ensure electric reliability. (3) In Iowa, in 2008, over two dozen people were killed and 148 injured as a result of flooding. Flood warnings covered a span of about 325 miles from Dubuque, Iowa to St. Louis, Missouri with over 35,000 families evacuated from their homes. (4) The devastation from Hurricane Katrina and its calamitous results can still be seen across the Gulf Coast. Hurricane Katrina cost over 1,800 lives, billions of dollars in damage and catastrophic loss and the largest single loss in the history of insurance at $40.6 billion with more than 1.7 million claims across 6 States (Louisiana, Mississippi, Alabama, Florida, Tennessee, and Georgia). (5) Early estimates of Hurricane Ike's destruction are $9.8 billion in insured damages, which would make it the 4th most expensive hurricane in the history of the United States, according to the Insurance Information Institute. Hurricane Katrina caused $43 billion in damages. (6) Cedric Delane passed away September 14, 2008, due in part to a lack of electricity and not being identified as part of the vulnerable class of people that needed assistance immediately. Cedric was a 5th grade student at Blackshear Elementary in Houston, Texas. Cedric was an asthmatic and suffered a severe attack during Hurricane Ike. The lack of electrical power prevented the use of his breathing machine, which could possibly have saved his life. The paramedics were called and Cedric was transported to the hospital, but he did not survive. (7) There have been more than 370,000 overnight shelter stays, over 8.77 million meals served, and over 190,000 clean- up kits and comfort kits distributed in the Houston-Galveston area of Texas after Hurricanes Gustav and Ike. (8) The Texas Public Utility Commissioners did not require electric companies on the coast to ensure reliability in their distribution systems against hurricanes after the Texas Public Utility Commission staff recommended aggressive tree-trimming programs and major upgrades, including replacing wooden electric polls with metal or concrete polls in 2005 after Hurricane Rita. (9) Texas Public utility companies fought the recommendations on the grounds that upgrading the distribution system would cost far more than repairing it after a storm, however the Texas Public Utility Commission ordered a cost- benefit analysis of only one recommendation: moving electric substations out of flood zones. (10) There were 28 Houston-area deaths attributed to Hurricane Ike with over a half a million people without electrical power for more than a week including many elderly, disabled, and medically-dependent persons. (11) Without criminal enforcement of reliability standards with penalties by FERC and cost-benefit studies that include United States Census and Federal Emergency Management Agency data on vulnerable populations and loss of electricity on those populations, greater loss of property and life will occur. SEC. 3. FERC ENFORCEMENT AUTHORITY. Section 215(e) of the Federal Power Act (16 U.S.C. 824o) is amended as follows: (1) In paragraph (1) by striking ``ERO may impose, subject to paragraph (2),'' and inserting ``Commission may impose'' and by striking ``if the ERO'' and inserting ``if the Commission''. (2) Paragraph (2) is amended to read as follows: ``(2) Any person who violates any standard approved by the Commission under subsection (d) shall, upon conviction, be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both.''. (3) Paragraph (4) is repealed. (4) In paragraph (6) by striking ``penalty imposed under this section'' and inserting ``civil penalty imposed under paragraph (1) of this section''. SEC. 4. DISTURBANCES LASTING LONGER THAN 5 DAYS. Within 180 days after the enactment of this Act the Federal Energy Regulatory Commission shall issue a rule under section 215 of the Federal Power Act amending the reliability standards under that section to prohibit disturbances (other than planned maintenance) lasting greater than 5 days at substations subject to section 215. SEC. 5. STUDY AND REPORT ON EMERGENCY PLANNING PREPAREDNESS FOR VULNERABLE POPULATIONS. (a) Study.--The Secretary of the Department of Homeland Security, acting through the Assistant Secretary of the Office of the Infrastructure Protection, shall conduct a study to examine gaps in emergency planning preparedness and management as related to vulnerable populations including-- (1) individuals with physical and mental disabilities, visual impairments, hearing impairments, limited English proficiency, and literacy barriers; (2) socially and economically disadvantaged households and communities; (3) individuals over 65 years old; (4) minor children; and (5) individuals with pets or service animals. (b) Report.--Not later than one year after the date of the enactment of this Act the Secretary of the Department of Homeland Security, acting through the Assistant Secretary of the Office of the Infrastructure Protection, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing the results of the study under subsection (a) and any recommendations of the Secretary.", "summary": "Save America's Utility Infrastructure and Secure America Now Act of 2008 - Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) enforcement powers with respect to electric reliability standards. (Currently such powers are exercised by an Electric Reliability Organization [ERO].) Revises penalty guidelines to subject to federal criminal law any person who violates a FERC-approved electric reliability standard. Requires FERC to issue a rule in connection with electric reliability standards to prohibit disturbances (other than planned maintenance) lasting greater than five days at certain substations. Instructs the Secretary of the Department of Homeland Security to study and report to Congress on gaps in emergency planning preparedness and management as related to specified, vulnerable populations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act'' or the ``PROSPERS Act''. SEC. 2. DEFINITIONS. Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following: ``(C)(i) The terms `employee pension benefit plan' and `pension plan' do not include an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) established and maintained pursuant to a payroll deduction savings program of a State or qualified political subdivision of a State, provided that-- ``(I) the program is specifically established pursuant to State or qualified political subdivision law; ``(II) the program is implemented and administered by the State or qualified political subdivision establishing the program (or by a governmental agency or instrumentality of either), which is responsible for investing the employee savings or for selecting investment alternatives for employees to choose; ``(III) the State or qualified political subdivision (or governmental agency or instrumentality of either) assumes responsibility for the security of payroll deductions and employee savings, including by requiring that amounts withheld from wages by the employer be transmitted to the program promptly and by providing an enforcement mechanism to assure compliance with this requirement; ``(IV) the State or qualified political subdivision (or governmental agency or instrumentality of either) adopts measures to ensure that employees are notified of their rights under the program, and creates a mechanism for enforcement of those rights; ``(V) participation in the program is voluntary for employees; ``(VI) all rights of the employee, former employee, or beneficiary under the program are enforceable only by the employee, former employee, or beneficiary, an authorized representative of such a person, or by the State or qualified political subdivision (or governmental agency or instrumentality of either); ``(VII) the involvement of the employer is limited to-- ``(aa) collecting employee contributions through payroll deductions and remitting them to the program; ``(bb) providing notice to the employees and maintaining records regarding the employer's collection and remittance of payments under the program; ``(cc) providing information to the State or qualified political subdivision (or governmental agency or instrumentality of either) necessary to facilitate the operation of the program; and ``(dd) distributing program information to employees from the State or qualified political subdivision (or governmental agency or instrumentality of either) and permitting the State or qualified political subdivision (or governmental agency or instrumentality of either) to publicize the program to employees; ``(VIII) the employer contributes no funds to the program and provides no bonus or other monetary incentive to employees to participate in the program; ``(IX) the employer's participation in the program is required by the law of the State law or qualified political subdivision; ``(X) the employer has no discretionary authority, control, or responsibility under the program; and ``(XI) the employer receives no direct or indirect consideration in the form of cash or otherwise, other than consideration (including tax incentives and credits) received directly from the State or qualified political subdivision (or governmental agency or instrumentality of either) that does not exceed an amount that reasonably approximates the employer's (or a typical employer's) costs under the program. ``(ii) A State savings program will not fail to satisfy the requirements of subclauses (I) through (XI) of clause (i) merely because the program-- ``(I) is directed toward those employers that do not offer some other workplace savings arrangement; ``(II) utilizes one or more service or investment providers to operate and administer the program, provided that the State (or governmental agency or instrumentality of the State) retains full responsibility for the operation and administration of the program; or ``(III) treats employees as having automatically elected payroll deductions in an amount or percentage of compensation, including any automatic increases in such amount or percentage, unless the employee specifically elects not to have such deductions made (or specifically elects to have the deductions made in a different amount or percentage of compensation allowed by the program), provided that the employee is given adequate advance notice of the right to make such elections and provided, further, that a program may also satisfy the requirements of such subclauses (I) through (XI) without requiring or otherwise providing for automatic elections such as those described in this subclause. ``(iii) For purposes of this subparagraph, the term ``qualified political subdivision'' means any governmental unit of a State, including a city, county, or similar governmental body, that-- ``(I) has the authority, implicit or explicit, under State law to require employers' participation in the program as described in clause (i); and ``(II) at the time of the establishment of the political subdivision's payroll deduction savings program-- ``(aa) has a population equal to or greater than the population of the least populated State (excluding the District of Columbia and territories listed in paragraph (10)); ``(bb) has no geographic overlap with any other political subdivision that has enacted a mandatory payroll deduction savings program for private-sector employees and is not located in a State that has enacted such a program statewide; and ``(cc) has implemented and administers a plan, fund, or program that provides retirement income to its employees, or results in a deferral of income by its employees for periods extending to the termination of covered employment or beyond. ``(iv) For purposes of clause (i)(III), amounts withheld from an employee's wages by the employer are deemed to be transmitted promptly if such amounts are transmitted to the program as of the earliest date on which such contributions can reasonably be segregated from the employer's general assets, but in no event later than the last day of the month following the month in which such amounts would otherwise have been payable to the employee in cash.''.", "summary": "Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act or the PROSPERS Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to specify that states and certain political subdivisions may establish and administer voluntary payroll deduction retirement savings programs for private sector employees that are not considered employee pension benefit plans or pension plans covered by ERISA if the plans meet certain requirements. The bill requires the plans to be established, implemented, and administered by states or political subdivisions. The plans must also be voluntary for employees and meet other specified requirements, including restrictions on the involvement of employers and obligations to enforce the rights of employees."}
{"article": "SEC. . STANDING FOR CERTAIN TAXPAYERS WITH REGARD TO SALE OF NET OPERATING LOSSES. (a) Subsection (c) of section 5021 of the Technical and Miscellaneous Revenue Act of 1988 (Public Law 100-647) is amended to read as follows: ``(c) Special Administrative Rules.-- ``(1) Income included in native corporation return.--At the joint election of a Native Corporation and a corporation (referred to in this subsection (c) as the `buyer corporation') with which the Native Corporation entered into a transaction permitted under section 60(b)(5) of the Tax Reform Act of 1984 and section 1804(e)(4) of the Tax Reform Act of 1986 (referred to in this subsection (c) as a `Native Corporation transaction'), income assigned, transferred or otherwise made available by the buyer corporation through the use of a corporation (referred to in this subsection (c) as the `profit subsidiary') by reason of such transaction for a period in which the profit subsidiary qualified as a member of the affiliated group of which the Native Corporation was the common parent shall be included in the taxable income of the Native Corporation affiliated group solely for purposes of section 6212 of the Internal Revenue Code-- ``(A) Election.--The election under this subsection (c) for the taxable year to which the election relates shall be made no later than 120 days after the date of enactment of this amendment. The election shall be irrevocable and shall be made by filing with the district director for the Anchorage district office of the Internal Revenue Service a written statement signed by responsible officers of the Native Corporation and the electing buyer corporation that-- ``(i) identifies the Native Corporation, the profit subsidiary, and the buyer corporation (and their taxpayer identification numbers) and states their agreement to make the election provided in this subsection (c); ``(ii) states the amount of income assigned, transferred or otherwise made available to the profit subsidiary for the taxable year by reason of the Native Corporation transaction; ``(iii) if profit subsidiaries related to a buyer corporation other than the electing buyer corporation were members of the affiliated group of which the Native Corporation was the common parent, describes the order and the amount of the losses and credits of the Native Corporation affiliated group that were used to offset the income of each profit subsidiary; ``(iv) states the agreement of the buyer corporation to consent under section 6501(c)(4) of the Internal Revenue Code to extend the periods of limitations for assessment and collection solely with respect to the income of the profit subsidiary for the affected taxable period(s) to a date not less than 180 days after the date the tax liability for the taxable year in which the Native Corporation transaction occurred is finally determined; ``(v) states the agreement of the Native Corporation to consent under section 6501(c)(4) of the Internal Revenue Code to extend the periods of limitations for assessment and collection solely with respect to the income of the profit subsidiary for the affected taxable period(s) to a date not less than 120 days after the date on which the Native Corporation makes the election under this subsection; and ``(vi) the Native Corporation and the buyer corporation agree that the Service is authorized to make any refund of any overpayment that is determined to be due, jointly to the Native Corporation and the electing buyer corporation. If a Native Corporation has engaged in multiple Native Corporation transactions, such election shall be independently made by each buyer corporation on separate written statements. A buyer corporation that elects under this provision must so elect for all Native Corporation transactions with the particular Native Corporation with whom the election is made for which the statue of limitations for assessment is open. ``(B) Taxable rate.--Notwithstanding section 11 of the Internal Revenue Code, any income of the profit subsidiary that is subject to the election provided in this subsection (c) shall be taxed at the rate that such income would have been taxed if it had been included in the return of the buyer corporation for the taxable year from which such income was assigned, transferred or otherwise made available. Solely for purposes of issuing a notice under section 6212 of the Internal Revenue Code to a Native Corporation for a Native Corporation transaction for which an election has been made under this subsection (c), the tax may be computed by applying the maximum corporate rate under section 11 of the Internal Revenue Code. ``(2) Treatment of native corporation as common parent as sole agent.--The common parent of an affiliated group which includes a Native Corporation that elects under subsection (c)(1) shall be the sole agent for the profit subsidiary for purposes of the Native Corporation transaction for the period of affiliation. ``(3) Collection of tax from buyer corporation.--For purposes of this subsection, the amount of any tax, interest, addition to tax, penalty or other amount attributable to the income of the profit subsidiary shall be paid by and be collectible from the profit subsidiary and the buyer corporation for the taxable year for which income was assigned, transferred or otherwise made available by the buyer corporation in connection with the Native Corporation transaction. ``(4) Payment of tax by native corporation.--If, after the election provided in subsection (c)(1) is made, the Native Corporation pays all or any part of the tax, interest, addition to tax, penalty or other amount attributable to the income of the profit subsidiary, such payment shall be deemed to be a payment by the buyer corporation for the taxable year for which such income would otherwise have been included in the buyer corporation's return if the election provided in subsection (c)(1) was not made-- ``(A) Filing of refund claim.--A Native Corporation that elects under subsection (c)(1) shall be treated as the taxpayer for purposes of sections 6402 and 6511 of the Internal Revenue Code with respect to all payments of tax, interest, additions to tax, penalties, or other amounts attributable to the income of the profit subsidiary and shall be entitled to file a claim for refund as the taxpayer with respect to any taxes, interest, additions to tax, penalties or other amounts attributable to the income of the profit subsidiary. ``(B) Filing of refund suit.--A Native Corporation that elects under subsection (c)(1) shall be treated as the taxpayer for purposes of section 7422 of the Internal Revenue Code with respect to all payments of tax, interest, additions to tax, penalties, or other amounts attributable to the income of the profit subsidiary, and as the plaintiff for purposes of section 1402 of title 28, United States Code, and shall be entitled to file and maintain a proceeding in court as the taxpayer for the recovery of such amounts. ``(C) Refund of overpayment.--In the event that an overpayment is determined to be due, whether by final administrative or judicial decision, with respect to a Native Corporation transaction (c)(1), the Native Corporation shall be treated as the person who made the overpayment within the meaning of section 6402(a) of the Internal Revenue Code. Notwithstanding any law or rule of law, including the preceding sentence, any refund of such overpayment may be made jointly to the Native Corporation and to the electing buyer corporation, as agreed to under paragraph (A)(v) of subsection (c)(1). ``(5) Participatory rights of electing buyer corporation.-- Any buyer corporation that makes an election under subsection (c)(1) shall have the right to-- ``(A) submit a written statement and participate with the Native Corporation in any administrative proceeding relating to any proposed adjustment regarding a Native Corporation transaction for which an election has been made; and ``(B) file an amicus brief in any proceeding in a Federal court or the United States Tax Court that has been filed by the Native Corporation involving a proposed adjustment regarding such a Native Corporation transaction. All written notices or other reports issued by the Secretary or his delegate with respect to such a Native Corporation transaction shall be issued to the Native Corporation, and it shall be the obligation of the Native Corporation to provide copies thereof to the electing buyer corporation. Rules similar to the rules of subparagraphs (B) and (C) of paragraph (7) shall apply for purposes of this paragraph. ``(6) Final determination of issues.-- ``(A) All issues with respect to the Native Corporation transaction with respect to which an election is made under subsection (c)(1), including the applicability of any interest, addition to tax, penalty or other amount, shall be determined by administrative or judicial decision with respect to the consolidated return of the Native Corporation affiliated group. ``(B) Upon such determination, any income of the profit subsidiary that is not offset in the Native Corporation transaction shall be reported on the buyer corporation's return as if it were originally reported thereon and subject to all adjustments, including net operating loss or other carrybacks, to which such income would otherwise be subject. ``(7) No effect on nonelecting corporations.--The absence of an election by a Native Corporation and a buyer corporation with respect to a Native Corporation transaction shall not restrict the authority of the Secretary of the Treasury or his delegate to settle or litigate with any nonelecting buyer corporation with respect to any issue relating to such a transaction-- ``(A) Rights of native corporation.--For any such Native Corporation transaction for which no election is made under subsection (c)(1), the Native Corporation shall have the right to submit a written statement and participate with the buyer corporation in any administrative proceeding relating to any proposed adjustment regarding such Native Corporation transaction; and to file an amicus brief in any proceeding in a Federal court or the United States Tax Court that has been filed by the non-electing buyer corporation involving a proposed adjustment regarding such Native Corporation transaction. ``(B) Extension of statute of limitations.-- Subparagraph (A) shall not apply if the Secretary of the Treasury or his delegate determines that an extension of the statute of limitations is necessary to permit the participation described in subparagraph (A) and the taxpayer and the Secretary or his delegate have not agreed to such extension. ``(C) Failures.--For purposes of the 1986 Code, any failure by the Secretary of the Treasury or his delegate to comply with the provisions of this subsection shall not affect the validity of the determination of the Internal Revenue Service of any adjustment of tax liability of any non-electing buyer corporation. ``(8) Effective date.--This provision shall be effective for all taxable years for which the statute of limitations for assessment with respect to an electing Native Corporation has not expired prior to the date of enactment of this Act-- ``(A) Extension of statute of limitations.--Any Native Corporation for which the statue of limitations for assessment will expire within 120 days after the date of enactment of this section shall have the right upon request to extend such statute of limitations pursuant to section 6501(c)(4) of the Internal Revenue Code to a date not less than 120 days after the date of enactment of this section. ``(B) Period for assessments.--If the statute of limitations for assessments with respect to an electing Native Corporation has not expired prior to the date of the enactment of this Act, such period shall not expire before the date 120 days after the date on which the Native Corporation makes the election under this subsection.''. (b) Section 5021 of the Technical and Miscellaneous Revenue Act of 1988 (Public Law 100-647) is amended by adding, after subsection (e), new subsection (f) to read as follows: ``(f) Increase in Underpayment Rate.--For purposes of determining the amount of interest payable under section 6601 of the Internal Revenue Code on a tax underpayment attributable to a Native Corporation transaction for which an election has been made under subsection (c) hereof, the underpayment rate otherwise applicable under section 6621(a) (2) or (c) of the Internal Revenue Code of 1986 shall be increased by 0.5 percentage points.''.", "summary": "Amends the Technical and Miscellaneous Revenue Act of 1988 to permit Alaska Native Corporations to litigate the validity of the sale of their net operating losses to other corporate buyers as reported on their tax returns, if the buyers so agree. Increases the interest on the underpayment rate for any underpayments resulting from such litigation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Part D Drug Class Protection Act of 2007''. SEC. 2. SPECIAL TREATMENT UNDER MEDICARE PART D FOR DRUGS IN 6 SPECIFIED THERAPEUTIC CATEGORIES. (a) Medicare Part D Formularies Required To Cover All Drugs in 6 Specified Therapeutic Categories.-- (1) In general.--Section 1860D-4(b)(3) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)) is amended-- (A) in subparagraph (C)(i), by inserting ``, except as provided in subparagraph (G),'' after ``although''; and (B) by inserting after subparagraph (F) the following new subparagraph: ``(G) Required inclusion of drugs in certain therapeutic categories and classes.-- ``(i) Requirement.--The formulary must include, subject to clause (iii), all or substantially all drugs in each of the following therapeutic categories of covered part D drugs: ``(I) Immunosuppresessants. ``(II) Antidepressants. ``(III) Antipsychotics. ``(IV) Anticonvulsants. ``(V) Antiretrovials. ``(VI) Antineoplastics. ``(ii) Coverage of all unique dosage forms.--To meet the requirement under clause (i), the formulary must include all covered part D drugs and unique dosages and forms of such drugs in the categories specified in such clause, except for-- ``(I) multi-source brands of the identical molecular structure; ``(II) extended release products in the case that the immediate release product involved is included on the formulary; ``(III) products that have the same active ingredient; and ``(IV) dosage forms that do not provide a unique route of administration, such as tablets and capsules. ``(iii) Application to new fda-approved drugs.--In the case of a drug that becomes a covered part D drug and that is included in a category specified in clause (i), clause (i) shall apply to such drug 30 days after the drug has been placed on the market. Nothing in the previous sentence shall be construed as preventing a pharmacy and therapeutic committee from advising a PDP sponsor of a prescription drug plan on the clinical appropriateness of formulary management practices and policies related to new drugs in such categories. ``(iv) Utilization management tools not permitted.--A PDP sponsor of a prescription drug plan may not apply a utilization management tool, such as prior authorization or step therapy, to a drug required under clause (i) to be included on the formulary. ``(v) Rules of construction.-- ``(I) Issuance of guidance or regulations to establish formulary or utilization management requirements permitted.--Nothing in this subparagraph shall be construed as prohibiting the Secretary from issuing guidance or regulations to establish formulary or utilization management requirements under this section for any category or class of covered part D drugs if such guidance or regulations are consistent with the requirements of this subparagraph. ``(II) Additional therapeutic categories permitted.--Nothing in this subparagraph shall be construed as prohibiting the Secretary from including any additional therapeutic category or class of covered part D drugs under clause (i) for purposes of this subparagraph.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to plan years beginning on or after January 1, 2008. (b) Special Requirements for Coverage Determinations, Reconsiderations, and Appeals for Drugs Included in Specified Therapeutic Categories.-- (1) In general.--Section 1860D-4(g) of the Social Security Act (42 U.S.C. 1395w-104(g)) is amended by adding at the end the following new paragraph: ``(3) Reconsideration of determinations related to drugs included in specified therapeutic categories conducted by independent review entity.--With respect to a part D eligible individual enrolled in a prescription drug plan, in the case of a determination under this subsection that denies such individual coverage (in whole or in part) of a drug in a category specified in subsection (b)(3)(G)(i), the individual may request that the reconsideration of such determination authorized under section 1852(g)(2) (as applied by paragraph (1)) be conducted by the independent, outside entity described in paragraph (4) of section 1852(g) in accordance with the procedures for an expedited reconsideration under paragraph (3) of such section. ``(4) Required coverage of drugs included in specified therapeutic categories during determinations, reconsiderations, and appeals.--If a part D eligible individual enrolled in a prescription drug plan offered by a PDP sponsor requests a redetermination or reconsideration under this subsection (or an appeal under subsection (h)) with respect to an utilization management requirement or denial of coverage (in whole or in part) of a drug in a category specified in subsection (b)(3)(G)(i), such sponsor shall provide such individual with coverage of such drug as prescribed during the pendency of such redetermination, reconsideration, or appeal until 60 days after the date of receipt of a written notification of-- ``(A) in the case that the individual does not request a reconsideration or appeal, the determination on such redetermination; ``(B) in the case that the individual requests a reconsideration but not an appeal, the determination on such reconsideration; or ``(C) in the case that the individual requests an appeal, the determination on such appeal or the dismissal of the appeal; except that in no case shall such coverage end before the end of the period in which an individual may file an appeal with respect to the determination involved.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to requests for redeterminations, reconsiderations, and appeal hearings made on or after the effective date described in subsection (a)(2). (c) Reporting Requirements for Drugs Included in Specified Therapeutic Categories.-- (1) In general.--Section 1860D-4(b) of the Social Security Act (42 U.S.C. 1395w-104(b)) is amended by adding at the end the following new paragraph: ``(4) Reporting requirements for drugs included in specified therapeutic categories.-- ``(A) Reports by pdp sponsors.--A PDP sponsor offering a prescription drug plan shall submit to the Secretary (in a form and manner specified by the Secretary), with respect to drugs in a category of covered part D drugs specified in subsection (b)(3)(G)(i), information on the number of favorable and unfavorable decisions under the plan relating to coverage determinations, redeterminations, reconsiderations, appeals, and enrollee requests for exceptions to formulary policies for such drugs. ``(B) Report to congress.--The Secretary shall submit an annual report to Congress summarizing the information submitted under subparagraph (A) and shall publish each report in the Federal Register.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to prescription drug plans and MA plans for plan years beginning on or after the effective date described in subsection (a)(2).", "summary": "Medicare Part D Drug Class Protection Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require that Medicare prescription drug plans using formularies cover all drugs included in six specified therapeutic categories. Sets forth special requirements for reconsideration of coverage determinations, and appeals for drugs included in such categories. Establishes reporting requirements for drugs in these categories."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Connect with Veterans Act of 2014''. SEC. 2. VOLUNTARY NATIONAL DIRECTORY OF VETERANS. (a) Program Required.-- (1) In general.--The Secretary of Veterans Affairs, in coordination with the Secretary of Defense, shall establish a program to facilitate outreach to veterans by covered entities. (2) Covered entities.--For purposes of this section, a covered entity is any of the following: (A) The Department of Veterans Affairs. (B) The agency or department of a State that is the primary agency or department of the State for the administration of benefits and services for veterans in the State. (C) A political subdivision of a State. (D) An Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)). (3) National directory.--To carry out the program required by paragraph (1), the Secretary shall-- (A) establish a national directory of veterans as described in subsection (b); and (B) share information in the directory in accordance with subsection (c). (b) National Directory.-- (1) In general.--The Secretary of Veterans Affairs shall establish the national directory required by subsection (a)(3) using information received from the Secretary of Defense under subsection (d)(4). (2) Updates.--The Secretary of Veterans Affairs shall ensure that the national directory includes a mechanism by which a participating individual can update the information in the national directory that pertains to the participating individual. (3) Disenrollment.--The Secretary shall establish a mechanism by which a participating individual can indicate to the Secretary that the individual would no longer like to receive information from participating entities under the program. (4) Reenrollment.--The Secretary shall establish a mechanism for the inclusion of information in the national directory of individuals who were previously participating individuals but who had made an indication under paragraph (3) and subsequently indicate that they would like to receive information from participating entities under the program. (5) Privacy and security.--The Secretary shall take such actions as the Secretary considers appropriate to protect-- (A) the privacy of individuals participating in the program; and (B) the security of the information stored in the national directory. (6) Ebenefits.--The Secretary of Veterans Affairs may use the system and architecture of the eBenefits Internet website of the Department of Veterans Affairs to support and operate the national directory as the Secretary considers appropriate. (c) Outreach.-- (1) Sharing of directory information.-- (A) In general.--Except as provided in paragraph (2), in order to connect participating individuals with information about the programs they could be eligible for or services, support, and information they may be interested in receiving, the Secretary of Veterans Affairs may share, under the program established under subsection (a)(1), information in the national directory concerning such individuals with entities applicable to participating individuals. (B) Entities applicable to participating individuals.--For purposes of this subsection, an entity that is applicable to a participating individual is a covered entity from whom a participating individual has expressed interest in receiving information under the program. (C) Updated information.--In a case in which a participating individual updates the information pertaining to the participating individual under subsection (b)(2), the Secretary shall transmit such information to each entity applicable to the participating individual. (D) Notification of disenrollment.--In a case in which a participating individual indicates to the Secretary under subsection (b)(3) that the individual would no longer like to receive information from participating entities under the program, the Secretary shall inform each entity applicable to the participating individual that the individual would no longer like to receive information from the entity under the program. (2) Limitations.-- (A) Limitations on the secretary.-- (i) Information shared.--Under the program, the Secretary of Veterans Affairs may only share from the national directory the following: (I) The name of a participating individual. (II) The e-mail address of a participating individual. (III) The postal address of a participating individual. (IV) The phone number of a participating individual. (ii) Prohibition on sale of information.-- The Secretary may not sell any information collected under this section. (iii) Entities.--The Secretary may not share any information collected under the program with any entity that is not a participating entity. (B) Limitations on participating entities.-- (i) Sharing with third-party and for-profit entities.--As a condition of participation in the program, a participating entity shall agree not to share any information the participating entity receives under the program with any third-party or for-profit entities. (ii) Purchases of products or services.--As a condition of participation in the program, a participating entity shall agree not to include in any information sent by the participating entity to a participating individual a requirement that the participating individual or the family of the participating individual purchase a product or service. (iii) Political communication.--As a condition of participation in the program, a participating entity shall agree not to use any information received under the program for any political communication. (3) Disenrollment by participating entities.--The Secretary shall establish a mechanism by which a participating entity may indicate to the Secretary that the participating entity would no longer like to receive information about participating individuals from the national directory. (4) Sense of congress.-- (A) Consolidation of requests.--It is the sense of Congress that covered entities described in subsection (a)(2)(C) who are located in the same region should work together in a manner such that only one of them requests receipt of information under the program. (B) Collaboration.--It is the sense of Congress that covered entities described in subsection (a)(2)(C) should work with third parties, such as veterans service organizations, military community groups, and other entities with an interest in assisting veterans, to develop the information the covered entities send to participating individuals under the program. (5) Publicity.--The Secretary shall develop a plan to publicize the program and inform covered entities of the benefits of participating in the program. (d) Collection of Contact Information.-- (1) In general.--To each member of the Armed Forces separating from service in the Armed Forces, the Secretary of Defense shall provide a form for the collection of information to be included in the national directory established under subsection (a). (2) Form.-- (A) Development.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, develop the form provided under paragraph (1). (B) Elements.--The form developed under subparagraph (A) shall allow a member of the Armed Forces who is in the process of separating from service in the Armed Forces to indicate the following: (i) Where the member intends to reside after separation. (ii) How the individual can best be contacted, such as a telephone number, an e- mail address, or a postal address. (iii) For which types of benefits and services the member would like to receive communication and outreach, such as health care, education, employment, and housing. (iv) From which of the following the member would like to receive the communication and outreach specified under clause (iii): (I) The Department of Veterans Affairs. (II) The agency or department of the State in which the member intends to reside after separation that is the primary agency or department of the State for the administration of benefits and services for veterans in the State. (III) A political subdivision of a State. (C) Notice.--The form developed under subparagraph (A) shall include notice of the following: (i) Information provided to agencies and departments described in subparagraph (B)(iv)(III) will only be provided as authorized and upon request by such agencies and departments. (ii) Political subdivisions of States that receive information under the program established under subsection (a) may-- (I) share such information with such nonprofit organizations as the political subdivisions consider appropriate; and (II) work with such organizations to provide the veterans with relevant information about benefits and services offered by such organizations. (iii) Information provided on the form developed under subparagraph (A) will never be sold, provided to a for-profit entity, or used to send any sort of political communication. (D) Manner.--The Secretary of Defense shall ensure that the form provided under paragraph (1) is not primarily electronic in nature. (3) Voluntary participation.--The Secretary of Defense shall ensure that completion of the form provided under paragraph (1) is voluntary and submittal of such form to the Secretary by a member of the Armed Forces shall be considered an indication to the Secretary that the member would like to receive information from participating entities under the program. (4) Transmittal of information to secretary of veterans affairs.--Not later than 30 days after the date on which a member of the Armed Forces who submitted information to the Secretary of Defense under this subsection separates from service in the Armed Forces, the Secretary of Defense shall transmit such information to the Secretary of Veterans Affairs. (5) Privacy and security.--The Secretary of Defense shall take such actions as the Secretary considers appropriate to protect-- (A) the privacy of individuals who submit information under this subsection; and (B) the security of such information-- (i) while it is in the possession of the Secretary; and (ii) while it is in transit to the Secretary of Veterans Affairs. (6) Integration with transition assistance program.--The Secretary of Defense and the Secretary of Labor shall jointly take such actions as the secretaries consider appropriate to integrate the collection of information under this subsection into the Transition Assistance Program. (e) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report on the program established under subsection (a)(1). (2) Contents.--The report submitted under paragraph (1) shall include an examination and assessment of the following: (A) The signup process and the effectiveness of the forms developed and provided under subsection (d). (B) The ways in which contact information is transferred from the Secretary of Defense to the Secretary of Veterans Affairs under the program and the plans of the secretaries to overcome challenges encountered by the secretaries in transferring such information. (C) The number of covered entities described in subsection (a)(2)(C) participating in the program and any challenges they report in receiving the contact information from the Secretary of Veterans Affairs under the program. (D) The effectiveness of efforts of the Secretary of Veterans Affairs and the Secretary of Defense to protect the personal information of participating individuals. (E) The effectiveness of efforts of covered entities described in subsection (a)(2)(C) to protect the personal information of participating individuals. (F) Whether additional limitations on the use of information collected under the program are necessary to protect participating individuals from unwanted contact, or contact that is inconsistent with the program. (G) Whether participating individuals are benefitting by participating in the program and whether changing the program would improve such benefits. (H) The overall participation in the program, utilization of the program, and how such participation and utilization could be improved. (I) Such other matters as the secretaries consider appropriate. (3) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means the following: (A) The Committee on Veterans' Affairs, the Committee on Armed Services, and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. (B) The Committee on Veterans' Affairs, the Committee on Armed Services, and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the House of Representatives. (f) Definitions.--In this section: (1) Participating entity.--The term ``participating entity'' means a covered entity that has indicated to the Secretary of Veterans Affairs that the covered entity would like to receive information about participating individuals from the national directory and has made no subsequent indication that the covered entity would like to stop receiving such information. (2) Participating individual.--The term ``participating individual'' means an individual with respect to whom information is stored in the national directory and who has indicated to the Secretary of Veterans Affairs or the Secretary of Defense that the individual would like to receive information from participating entities under the program and has made no subsequent indication that the individual would like to stop receiving such information.", "summary": "Connect with Veterans Act of 2014 - Directs the Secretary of Veterans Affairs to: (1) establish a program to facilitate outreach to veterans by the Department of Veterans Affairs (VA), the primary agencies of states for the administration of veterans' benefits and services, political subdivisions of states, and Indian tribes; and (2) publicize such program and the benefits to such entities of participating. Requires the Secretary, to carry out such program, to: (1) establish a national directory of veterans, and (2) share information in the directory with any such entities from whom a participating individual has expressed interest in receiving information. Prohibits: (1) the Secretary from selling information collected under this Act, (2) the Secretary or any participating entity from sharing such information with a non-participating entity, or (3) any participating entity from using any such information for any political communication or from requiring any participating individual to purchase any product or service. Requires the Secretary of Defense (DOD) to: (1) provide to each member of the Armed Forces separating from service a form for the collection of information to be included in the directory, (2) ensure that completion of the form is voluntary, and (3) protect the privacy of individuals who submit information and the security of information. Directs the Secretaries of Defense and Labor to jointly take appropriate steps to integrate the collection of information under this Act into the Transition Assistance Program."}
{"article": "SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Safe NOW Act of 2006''. (b) Purpose.--The purpose of this Act is to establish a National Sex Offender Risk Classification Task Force to create guidelines for the establishment of a risk-based sex offender classification system that will-- (1) classify sex offenders based on the threat of danger each sex offender poses to the public; and (2) allow law enforcement agencies and the public to identify the most dangerous sex offenders listed in sex offender registries by using the classification system. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Sex offender registry.--The term ``sex offender registry'' means a registry of sex offenders, and a notification program, maintained by a jurisdiction. (2) Jurisdiction.--The term ``jurisdiction'' means any of the following: (A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) Any Federally recognized Indian tribe. SEC. 3. NATIONAL SEX OFFENDER RISK CLASSIFICATION TASK FORCE. (a) Task Force Established.--There is established, under the general authority of the Attorney General, the National Sex Offender Risk Classification Task Force (referred to in this Act as the ``Task Force''). (b) Duties.-- (1) In general.--The Task Force shall-- (A) create preliminary guidelines for the establishment of a risk-based sex offender classification system; (B) administer the demonstration program under section 4; and (C) create final guidelines for the establishment of a risk-based sex offender classification system that shall be made available to jurisdictions for use in accordance with section 7, and that shall be created using the information gathered through-- (i) the demonstration program under section 4; and (ii) the activities of the working groups under paragraph (3). (2) Creation of guidelines.--In creating the guidelines required under this subsection, the Task Force shall consider-- (A) empirically-based assessment tools available to assess the dangers posed by sex offenders; (B) the methods used to classify sex offenders for the purposes of sex offender registries in use by Federal, State, and local law enforcement agencies as of the date of enactment of this Act, and how those methods differ from a risk-based sex offender classification system; (C) means by which information regarding the risk- based classification of sex offenders may be comprehensively and consistently disseminated to Federal, State, and local law enforcement agencies and the public; (D) opportunities available to sex offenders (especially those who are not under court supervision) to change their risk-based classification, including voluntary participation in sex offender treatment and monitoring programs; and (E) any negative consequences that have resulted from Megan's Law (Public Law 104-145; 110 Stat. 1345), and steps that might be taken to reduce such negative consequences. (3) Working groups.--The Chair shall designate 5 working groups within the Task Force, each of which shall conduct one of the following activities: (A) Survey the methods of risk classification used by each jurisdiction, as of the date of enactment of this Act, and identify changes to such methods that jurisdictions could implement to improve the efficiency, accuracy, and consistency of sex offender registries. (B) Research and analyze the effectiveness of the most recently developed tools available (as of the date of enactment of this Act) to assess the dangers posed by sex offenders and to classify sex offenders based on risk. (C) Identify the strengths and weaknesses of Federal, State, and local sex offender registration and notification procedures in use as of the day before the date of enactment of this Act, and propose methods to improve any such weaknesses. (D) Analyze Federal, State, and local law enforcement agency procedures for community notification regarding sex offenders (as of the date of enactment of this Act), and determine the most appropriate procedures to notify communities regarding sex offenders of varying risk-based classifications. (E) Develop a resource guide that Federal, State, and local law enforcement agencies may use to educate the public about the prevention of sex offenses, the dangers posed by sex offenders, the systems used to classify sex offenders, and the access and use of sex offender registries. (c) Membership.-- (1) In general.--The Task Force shall consist of 20 members, who shall be appointed by the Attorney General within 45 days after the date of enactment of this Act, and who shall include-- (A) the Chair; (B) one representative from each of the following: (i) the Safe NOW Project; (ii) the National Association to PROTECT Children; (iii) Parents For Megan's Law, Inc.; (iv) the Association for the Treatment of Sexual Abusers; (v) the National Sheriffs' Association; (vi) the National Association of Police Organizations; (vii) the American Probation and Parole Association; (viii) the American Psychological Association; (ix) the National Association of Criminal Defense Lawyers; (x) the Washington State Institute for Public Policy; (xi) the National Center for Missing and Exploited Children; (xii) the Office for Victims of Crime; (xiii) the Center for Sex Offender Management; (xiv) the National Law Enforcement and Corrections Technology Center; (xv) the Federal Bureau of Investigation; and (xvi) the Center for Disease Control and Prevention; and (C) three representatives of the academic community who specialize in risk assessment of sex offenders. (2) Selection criteria.--The Attorney General shall appoint to the Task Force a Chair and a diverse group of members who are knowledgeable in the fields of sex offender management, community education, risk assessment of sex offenders, and sex offender victim issues. (3) Terms; vacancies.--The term of office for members shall be for the life of the Task Force. A vacancy in the Task Force shall not affect the powers of the Task Force, and shall be filled in the same manner in which the original appointment was made. (4) Compensation.-- (A) Except as provided in subparagraph (B), the Chair and members of the Task Force shall be paid at the rate of $500 per day for each day, including travel time, during which he or she is engaged in the actual performance of duties vested in the Task Force. (B) A member of the Task Force who is a full-time officer or employee of the United States or a Member of Congress shall receive no additional pay, allowances, or benefits by reason of his or her service to the Task Force. (C) All members of the Task Force shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties to the extent authorized by chapter 57 of title 5, United States Code. (d) Meetings.-- (1) Frequency.--The Task Force shall meet not less than 4 times per year, at the call of the Chair. The Attorney General shall call the first meeting of the Task Force within 90 days after the date of the enactment of this Act, or within 30 days after the date on which legislation is enacted making appropriations to carry out this Act, whichever date is later. (2) Record.--The Task Force shall maintain records of an active roster of membership, meeting minutes, and any other information the Chair may require. (3) Public meetings; notice.--Task Force meetings shall be open to the public, except as determined otherwise by the Chair (or other official to whom the authority has been delegated by the Chair). Notice of all meetings shall be published in the Federal Register not later than 30 days before the date of such meeting. (4) Closed meetings.--No later than 7 days after any Task Force meeting (or a portion of such a meeting) is closed to the public, a report shall be prepared for the Attorney General by a designated member the Task Force who was present for the entirety of such meeting, which shall contain, at a minimum, a list of individuals present and the activities conducted at such closed meeting. SEC. 4. DEMONSTRATION PROGRAM. (a) In General.--The Task Force is authorized to carry out a demonstration program under which the Task Force shall award one grant to each of 5 selected jurisdictions to carry out the activities under subsection (b). (b) Program Activities.--A selected jurisdiction shall use a grant awarded under subsection (a) to-- (1) use the preliminary guidelines created by the Task Force under section 3(b) to implement a risk-based sex offender classification system to classify sex offenders registered in the jurisdiction's sex offender registry; (2) demonstrate the extent to which such preliminary guidelines provide for the successful implementation of an effective risk-based sex offender classification system; and (3) identify ways such preliminary guidelines may be improved to provide better guidance for the successful implementation of an effective risk-based sex offender classification system. (c) Applications.--A jurisdiction desiring to participate in the demonstration program shall submit an application to the Task Force at such time, in such manner, and containing such information as the Task Force may require. (d) Selection of Jurisdictions.-- (1) Not later than 9 months after the date of the first meeting of the Task Force, the Task Force shall select 5 jurisdictions to participate in the demonstration program from the applications received under subsection (c). (2) The Task Force shall develop criteria to select jurisdictions to participate in the demonstration program. In developing such criteria and selecting jurisdictions, the Task Force shall consider-- (A) the importance of the participation of demographically and geographically diverse jurisdictions in the demonstration program; and (B) the willingness and ability of jurisdictions to-- (i) collaborate with officials in such jurisdiction responsible for the management of sex offenders; (ii) report to the Task Force on the effectiveness of the preliminary guidelines created under section 3(b); (iii) provide recommendations to the Task Force regarding the improvement of such preliminary guidelines and the creation of final guidelines; and (iv) provide information about their participation in the demonstration program to other jurisdictions implementing a risk-based sex offender classification system. (e) Duration.--A grant awarded under this subsection shall be for the one-year period beginning on the date one year after the date of the first meeting of the Task Force, and shall not be renewable. (f) Assistance and Review.--The Task Force shall provide technical assistance as necessary to the jurisdictions selected to participate in the demonstration program, and shall document the demonstration program experience of each selected jurisdiction in the final report required under section 5. SEC. 5. REPORTS. (a) The Task Force shall provide to the Attorney General and to the relevant committees of Congress-- (1) not later than one year after the date of the first meeting of the Task Force, an initial report containing-- (A) preliminary guidelines for the establishment of a risk-based sex offender classification system to be used for the demonstration program under section 3; (B) a list of the jurisdictions selected to participate in such demonstration program; and (C) a summary of the activities conducted by, and the findings of, each working group under section 3(b)(3); and (2) not later than 6 months after the date of the expiration of the demonstration program grants made under section 4, a final report containing-- (A) final guidelines for the establishment of a risk-based sex offender classification system, as required under section 3(b); and (B) a summary of the information gathered through the demonstration program under section 4, including any information provided by the jurisdictions that participated in such program that was considered by the Task Force in the creation of the final guidelines under subparagraph (A). SEC. 6. TERMINATION OF TASK FORCE. The Task Force shall terminate 90 days after the final report under section 5 is provided to the Attorney General and the relevant committees of Congress. SEC. 7. SENSE OF CONGRESS REGARDING USE OF GUIDELINES. It is the sense of Congress that each jurisdiction should use the final guidelines created by the Task Force under this Act to implement a risk-based sex offender classification system to classify sex offenders registered in such jurisdiction's sex offender registry. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act (except for section 4), $1,000,000 for each of fiscal years 2007, 2008, and 2009. (b) Demonstration Program.--There are authorized to be appropriated such sums as may be necessary to carry out the demonstration program under section 4.", "summary": "Safe NOW Act of 2006 - Establishes the National Sex Offender Risk Classification Task Force to create guidelines for a risk-based sex offender classification system. Authorizes the Task Force to carry out demonstration programs in five selected jurisdictions to: (1) use the Task Force's preliminary guidelines to implement such a system for their sex offender registries; and (2) identify ways to improve such guidelines. Expresses the sense of Congress that each state, federally recognized Indian tribe, and U.S. possession and territory should use final Task Force guidelines to implement such a system for its registry."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sports Agent Responsibility and Trust Act''. SEC. 2. DEFINITIONS. As used in this Act, the following definitions apply: (1) Agency contract.--The term ``agency contract'' means an oral or written agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports contract or an endorsement contract. (2) Athlete agent.--The term ``athlete agent'' means an individual who enters into an agency contract with a student athlete, or directly or indirectly recruits or solicits a student athlete to enter into an agency contract, and does not include a spouse, parent, sibling, grandparent, or guardian of such student athlete, or an individual acting solely on behalf of a professional sports team or professional sports organization. (3) Athletic director.--The term ``athletic director'' means an individual responsible for administering the athletic program of an educational institution or, in the case that such program is administered separately, the athletic program for male students or the athletic program for female students, as appropriate. (4) Commission.--The term ``Commission'' means the Federal Trade Commission. (5) Endorsement contract.--The term ``endorsement contract'' means an agreement under which a student athlete is employed or receives consideration for the use by the other party of that individual's person, name, image, or likeness in the promotion of any product, service, or event. (6) Intercollegiate sport.--The term ``intercollegiate sport'' means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of college athletics. (7) Professional sports contract.--The term ``professional sports contract'' means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete. (8) State.--The term ``State'' includes a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (9) Student athlete.--The term ``student athlete'' means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. An individual who is permanently ineligible to participate in a particular intercollegiate sport is not a student athlete for purposes of that sport. SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH THE CONTACT BETWEEN AN ATHLETE AGENT AND A STUDENT ATHLETE. (a) Conduct Prohibited.--It is unlawful for an athlete agent to-- (1) directly or indirectly recruit or solicit a student athlete to enter into an agency contract, by-- (A) giving any false or misleading information or making a false promise or representation; or (B) providing anything of value to a student athlete or anyone associated with the student athlete before the student athlete enters into an agency contract; (2) enter into an agency contract with a student athlete without providing the student athlete with the disclosure document described in subsection (b); or (3) predate or postdate an agency contract. (b) Required Disclosure by Athlete Agents to Student Athletes.-- (1) In general.-- In conjunction with the entering into of an agency contract, an athlete agent shall provide to the student athlete, or, if the student athlete is under the age of 18 to such student athlete's parent or legal guardian, a disclosure document that meets the requirements of this subsection. Such disclosure document is separate from and in addition to any disclosure which may be required under State law. (2) Signature of student athlete.--The disclosure document must be signed by the student athlete, or, if the student athlete is under the age of 18 by such student athlete's parent or legal guardian, prior to entering into the agency contract. (3) Required language.--The disclosure document must contain, in close proximity to the signature of the student athlete, or, if the student athlete is under the age of 18, the signature of such student athlete's parent or legal guardian, a conspicuous notice in boldface type stating: ``Warning to Student Athlete: If you agree orally or in writing to be represented by an agent now or in the future you may lose your eligibility to compete as a student athlete in your sport. Within 72 hours after entering into this contract or before the next athletic event in which you are eligible to participate, whichever occurs first, both you and the agent by whom you are agreeing to be represented must notify the athletic director of the educational institution at which you are enrolled, or other individual responsible for athletic programs at such educational institution, that you have entered into an agency contract.''. SEC. 4. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.--The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. SEC. 5. ACTIONS BY STATES. (a) In General.-- (1) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any athlete agent in a practice that violates section 3 of this Act, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with this Act; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission-- (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before filing of the action. In such case, the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (b) Intervention.-- (1) In general.--On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention.--If the Commission intervenes in an action under subsection (a), it shall have the right-- (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by the Commission.--In any case in which an action is instituted by or on behalf of the Commission for a violation of section 3, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action-- (e) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (f) Service of Process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (1) is an inhabitant; or (2) may be found. SEC. 6. PROTECTION OF EDUCATIONAL INSTITUTION. (a) Notice Required.--Within 72 hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the athlete agent and the student athlete shall each inform the athletic director of the educational institution at which the student athlete is enrolled, or other individual responsible for athletic programs at such educational institution, that the student athlete has entered into an agency contract, and the athlete agent shall provide the athletic director with notice in writing of such a contract. (b) Civil Remedy.-- (1) In general.--An educational institution has a right of action against an athlete agent for damages caused by a violation of this Act. (2) Damages.--Damages of an educational institution may include losses and expenses incurred because, as a result of the conduct of the athlete agent, the educational institution was injured by a violation of this Act or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self- imposed disciplinary action taken to mitigate actions likely to be imposed by such an association or conference. (3) Costs and attorneys fees.--In an action taken under this section, the court may award to the prevailing party costs and reasonable attorneys fees. (4) Effect on other rights, remedies and defenses.--This section does not restrict the rights, remedies, or defenses of any person under law or equity. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that States should enact the Uniform Athlete Agents Act of 2000 drafted by the National Conference of Commissioners on Uniform State Laws, to protect student athletes and the integrity of amateur sports from unscrupulous sports agents. In particular, it is the sense of Congress that States should enact the provisions relating to the registration of sports agents, the required form of contract, the right of the student athlete to cancel an agency contract, the disclosure requirements relating to record maintenance, reporting, renewal, notice, warning, and security, and the provisions for reciprocity among the States.", "summary": "Sports Agent Responsibility and Trust Act - Prohibits an agent from: (1) directly or indirectly recruiting or soliciting a student athlete to enter into an agency contract by giving false or misleading information or making a false promise or representation or by providing anything of value to the athlete before entering into such a contract; (2) entering into an agency contract with a student athlete without providing the required disclosure document; or (3) predating or postdating an agency contract.Requires an agent, in conjunction with the signing of an agency contract, to provide to the athlete a separate disclosure document that includes notice that if the athlete signs the contract he or she may lose eligibility to compete as a student athlete in that sport. Requires the student athlete to sign such document before signing the agency contract.Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act. Authorizes civil actions by State attorneys general under specified circumstances.Requires the agent and the athlete, within 72 hours after entering into an agency contract or before the next athletic event in which the athlete may participate, whichever occurs first, to provide notice to the educational institution that the athlete has entered into an agency contract. Grants an educational institution a right of action against an agent for damages caused by such agent's failure to provide such notice.Expresses the sense of Congress that States should enact the Uniform Athlete Agents Act of 2000 drafted by the National Conference of Commissioners on Uniform State Laws to protect student athletes and the integrity of amateur sports from unscrupulous sports agents."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Administration Accountability Act of 2012''. SEC. 2. AMENDING SOCIAL SECURITY ADMINISTRATION BUDGETARY MATTERS. (a) Annual Budget.--Section 704(b)(1)(A) of the Social Security Act (42 U.S.C. 904(b)(1)(A)) is amended to read as follows: ``(b)(1)(A) The Commissioner shall prepare and submit an annual budget estimate for the Administration directly to the President and Congress.''. (b) Contents of Budget.--Section 704(b)(1)(B) of such Act (42 U.S.C. 904(b)(1)(B)) is amended to read as follows: ``(B) The Commissioner shall include in the annual budget prepared pursuant to subparagraph (A) the following: ``(i) The total number of cases pending at each hearing office, listed by hearing office, and an aggregate total of all cases pending at all hearing offices. ``(ii) The total number of cases pending for over the preceding year at each hearing office, listed by both hearing office and presiding administrative judge, and an aggregate total of all cases pending for over such year at all hearing offices. ``(iii) The average duration of time to process each case at each hearing office, listed by hearing office. ``(iv) The staffing levels at each hearing office and field office, including a listing of job titles, classifications, and the number of staff within each title and classification.''. (c) Comprehensive Work Force Plan.--Section 704(b)(2)(A) of such Act (42 U.S.C. 904(b)(2)(A)) is amended by adding at the end the following: ``Not later than 90 days before a revision of the comprehensive work force plan, the Commissioner shall submit the document setting forth the revision to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.''. SEC. 3. CLOSURE OF FIELD OR HEARING OFFICES. (a) Moratorium on Closure or Consolidation of Field or Hearing Offices or New Limitations on Access to Such Offices.-- (1) In general.--Except as provided in paragraph (2), the Commissioner of Social Security shall take no action on or after the date of the enactment of this Act to close or consolidate field or hearing offices of the Social Security Administration or to otherwise impose any new limitation on access to such offices. (2) Cessation of moratorium upon report to congress.-- Paragraph (1) shall cease to be effective 180 days after the Commissioner submits to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a detailed report outlining and justifying the process for selecting field or hearing offices to be closed or consolidated or otherwise to have limited access. Such report shall include-- (A) an analysis of the criteria used for selecting field or hearing offices for closure, consolidation, or limited access; (B) a description of how the Commissioner has analyzed and considered relevant factors, including but not limited to transportation and communication burdens faced by individuals serviced by the offices, including elderly and disabled citizens; and (C) a description of any method of cost-benefit analysis applied by the Commissioner in connection with closures and consolidations of field or hearing offices, and other limitations on access to field or hearing offices, including any analysis that takes into account-- (i) the anticipated savings resulting from the closure, consolidation, or limitation on access; (ii) the anticipated costs associated with replacing services lost by the closure, consolidation, or limitation on access; (iii) the anticipated effects on employees of the offices affected; and (iv) such other relevant factors as may be determined by the Commissioner, including but not limited to transportation and communication burdens faced by individuals serviced by the offices, including elderly and disabled citizens. (b) Requirements for Future Closures, Consolidations, and New Limitations on Access.-- (1) In general.--Section 704 of the Social Security Act (42 U.S.C. 904) is amended by adding at the end the following new subsection: ``Field and Hearing Offices ``(f)(1) The Commissioner may not close a field or hearing office of the Administration, consolidate two or more such offices, or otherwise impose any new limitation on public access to any such office, unless the Commissioner complies with the requirements of paragraphs (2), (3), and (4) in connection with the closure, consolidation, or limitation on public access. ``(2)(A) The requirements of this paragraph are met in connection with a closure, consolidation, or new limitation on access referred to in paragraph (1) only if-- ``(i) not later than 120 days before the date of the closure, consolidation, or limitation on access, the Commissioner provides effective public notice of the proposed closure, consolidation, or limitation on access (including, to the extent practicable, notice by direct mailing and through community outlets such as newspapers and posting in heavily frequented public spaces) to individuals residing in the area serviced by the affected office or offices; and ``(ii) not earlier than 30 days after the issuance of public notice pursuant to clause (i) and not later than 45 days before the date of the proposed closure, consolidation, or limitation on access, the Commissioner conducts at least 2 public hearings (scheduled so that the first and last such hearings are separated by at least 10 days), at which the Commissioner presents the justifications for the closure, consolidation, or limitation on access described in subparagraph (B) and provides for attendees an opportunity to present their views regarding the proposed closure, consolidation, or limitation on access. ``(B) The justifications referred to in subparagraph (A)(ii) shall consist of the following: ``(i) an analysis of the criteria used for selecting the field or hearing office or offices for closure, consolidation, or limited access; ``(ii) a description of how the Commissioner has analyzed and considered relevant factors, including but not limited to transportation and communication burdens faced by individuals serviced by the offices, including elderly and disabled citizens; and ``(iii) a description of a method of cost-benefit analysis which shall be applied by the Commissioner in connection with the closure, consolidation, or limitation on access, and which shall take into account-- ``(I) the anticipated savings resulting from the closure, consolidation, or limitation on access; ``(II) the anticipated costs associated with replacing services lost by the closure, consolidation, or limitation on access; ``(III) the anticipated effects on employees of the offices affected; and ``(IV) such other relevant factors as may be determined by the Commissioner, including but not limited to transportation and communication burdens faced by individuals serviced by the offices, including elderly and disabled citizens. ``(C) The notice provided pursuant to subparagraph (A)(i) shall include notice of the time and place of the public hearings to be conducted pursuant to clause (A)(ii) and of the right of aggrieved individuals to appeal to the Commissioner regarding the proposed closure, consolidation, or limitation on access pursuant to paragraph (4). ``(3) The requirements of this paragraph are met in connection with a closure, consolidation, or limitation on access referred to in paragraph (1) only if, not later than 30 days before the date of the proposed closure, consolidation, or limitation on access, the Commissioner submits to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and each Member of the Congress representing a State or congressional district in which the affected office or offices are located a detailed final report in support of the closure, consolidation, or limitation on access. Such report shall include-- ``(A) the justifications described in paragraph (2)(B), (including any amendments made to such justifications after the public hearings conducted pursuant to paragraph (2)(A)); ``(B) any findings made by the Commissioner pursuant to the public hearings; ``(C) the status of any appeals regarding the closure, consolidation, or new limitation on access which were commenced pursuant to paragraph (4) before the date of the report; ``(D) the final decision of the Commissioner regarding the closure, consolidation, or new limitation on access; and ``(E) such other information as the Commissioner considers relevant. ``(4)(A) Upon timely request by any individual who makes a showing in writing described in subparagraph (B) in connection with a proposed closure, consolidation, or limitation on access referred to in subparagraph (A), the Commissioner shall give such individual an opportunity for a hearing with respect to the closure, consolidation, or limitation on access. The request for the hearing shall be considered timely only if it is made not later than 30 days before the proposed date of the closure, consolidation, or limitation on access. The Commissioner shall submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and each Member of the Congress representing a State or congressional district in which the affected office or offices are located the Commissioner's findings based on the hearing and a description of any action taken or to be taken by Commissioner on the basis of such findings. ``(B) A showing described in subparagraph (A) shall consist of a showing that-- ``(i) the determination of the Commissioner to close a field or hearing office, consolidate field or hearing offices, or impose a new limitation on access to a field or hearing office is arbitrary, capricious, an abuse of discretion, not in accordance with law, or not based on substantial evidence; or ``(ii) the Commissioner has failed to observe procedures required by law in connection with the closure, consolidation, or new limitation on access.''. (2) Effective date.--The amendment made by paragraph (1) of this subsection shall apply with respect to closures and consolidations of field or hearing offices and impositions of new limitations on access to such offices occurring after the cessation of the moratorium under subsection (a) of this section.", "summary": "Social Security Administration Accountability Act of 2012 - Amends title VII (Administration) of the Social Security Act to require the Commissioner of Social Security to submit an annual budget estimate of the Social Security Administration (SSA) (instead of a budget) directly to Congress and the President (instead of first to the President, who would submit it to Congress). Revises requirements for the general contents of the SSA budget, requiring inclusion of the number of cases pending at each hearing office and the average processing time. Prohibits the Commissioner from closing or consolidating SSA field or hearing offices, or otherwise limiting public access to one, until 180 days after submitting to specified congressional committees a detailed report outlining and justifying the process for selecting field offices to be closed, consolidated, or otherwise have limited access. Prohibits the Commissioner from closing an SSA field or hearing office, consolidating two or more such offices, or otherwise imposing any new limitation on public access to any such office unless the Commissioner follows certain administrative procedures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Port of Entry Personnel and Infrastructure Funding Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Northern border.--The term ``Northern border'' means the international border between the United States and Canada. (2) Port of entry.--The term ``port of entry'' includes land, air, and sea ports of entry into the United States. (3) Southern border.--The term ``Southern border'' means the international border between the United States and Mexico. SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL. (a) Staff Enhancements for Customs Officers.--In addition to positions authorized as of the date of the enactment of this Act, United States Customs and Border Protection shall hire, train, and assign to duty during fiscal years 2009 through 2012-- (1) 2,000 full-time officers to serve on primary inspection lanes at land ports of entry on the Northern border and the Southern border; (2) 1,000 full-time officers to serve on primary inspection lanes at air and sea ports of entry on the Northern border and the Southern border; (3) 600 supervisory full-time officers to serve on the Northern border and the Southern border; and (4) 200 support staff for ports of entry along the Northern border and the Southern border. (b) Staff Enhancements for Customs Officers in Texas.--In addition to positions authorized on the date of the enactment of this Act, United States Customs and Border Protection shall hire, train, and assign to duty during fiscal years 2009 through 2012-- (1) 750 full-time officers to serve on primary inspection lines at land ports of entry in Texas; and (2) 500 full-time officers to serve on primary inspection lines at air and sea ports of entry in Texas. (c) Waiver of FTE Limitation.--The Secretary of Homeland Security may waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security in order to fulfill the requirements under subsections (a) and (b). (d) Secure Communication and Equipment.--The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, ensure that all United States Customs and Border Protection agents and officers are equipped with secure 2-way communication and satellite-enabled devices to ensure communication between agents and ports of entry, patrol, and inspection stations, and other Federal, State, local and tribal law enforcement agencies. (e) Retention Incentives, Training, and Salaries.-- (1) In general.--The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, ensure that the requirements under this subsection are met. (2) Training.-- (A) New hires.--All new United States Customs and Border Protection officers (including new supervisory officers) shall receive initial law enforcement training at the Federal Law Enforcement Center. Such training shall include-- (i) at least 30 hours of training on immigration and nationality law; (ii) language training to ensure proficiency in Spanish and in any other language frequently used by aliens on the Southern border, unless such officers have already demonstrated proficiency in such languages; (iii) training on the law and standards governing the use of force in apprehension and detention of aliens; and (iv) training on ethics and substance abuse. (B) Existing cbp officers.--All existing United States Customs and Border Protection officers shall receive annual law enforcement training in a manner, and at such locations, as prescribed by the Commissioner of United States Customs and Border Protection. Such refresher training shall include-- (i) at least 10 hours on immigration and nationality law, including recent changes through legislative action, litigation, administrative regulations, and policy interpretations of the Department of Homeland Security; (ii) refresher training on the law and standards governing the use of force in apprehension and detention of aliens; and (iii) training on ethics and substance abuse. (3) Recruitment and retention bonuses.--To the extent necessary to retain qualified United States Customs and Border Protection port of entry officers and border patrol agents, the Secretary may pay recruitment incentives that are not less than $5,000 and not more than $10,000. (4) Special rules for incentive payments.-- (A) In general.--Any recruitment incentive payment shall be paid to each new employee, in a lump sum, after the employee has entered on duty and completed 6 months of service. (B) Retention incentives.--A retention incentive payment shall-- (i) be paid to an employee, in a lump sum, at the end of the fiscal year in which the qualified employee is selected by the Secretary, or a delegate of the Secretary, for receipt of such payment; (ii) not be limited solely to work performance, but may be based on criteria such as-- (I) longevity of service and experience; (II) comparative salaries for law enforcement officers in other Federal agencies; and (III) costs for replacement and training of a new employee; (iii) be contingent upon the selected employee signing an agreement, under penalty of perjury, to remain in Federal service at his or her current location for at least 3 years; (iv) be subject to reimbursement if the employee fails to complete the required 3 years of Federal service due to voluntary or involuntary separation from service. (f) Salaries.--Section 101(b) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1711(b)) is amended to read as follows: ``(b) Authorization of Appropriations for CBP Employees.--There are authorized to be appropriated to United States Customs and Border Protection such sums as may be necessary to increase, beginning January 1, 2008, the annual rate of basic pay for United States Customs and Border Protection employees who have completed at least 1 year of service-- ``(1) to the annual rate of basic pay payable for positions at GS-12 of the General Schedule under subchapter III of chapter 53 of title 5, United States Code, for officers and agents who have been paid at the annual rate of basic pay payable for a position at GS-5, GS-6, GS-7, GS-8, or GS-9 of the General Schedule; ``(2) to the annual rate of basic pay payable for positions at GS-12, step 10, GS-13, or GS-14, step 1, respectively, of the General Schedule, for supervisory officers and supervisory border patrol agents who have been paid at an annual rate of pay payable for positions at GS-10, GS-11, or GS-12 of the General Schedule; and ``(3) to the annual rate of basic pay payable for positions at GS-8, GS-9, or GS-10, respectively, of the General Schedule, for assistants who have been paid at an annual rate of pay payable for positions at GS-5, GS-6, or GS-7 of the General Schedule.''. SEC. 4. PORTS OF ENTRY INFRASTRUCTURE. (a) In General.--The Secretary of Homeland Security may-- (1) construct additional ports of entry along the Northern border and the Southern border; and (2) determine the location for new ports of entry, except as provided under subsection (c). (b) Consultation.--The Secretary of Homeland Security may designate locations for new ports of entry after consultation with the Secretary of Interior, the Secretary of Agriculture, appropriate representatives of States, local governments, and Indian tribes, and property owners in the United States. Such consultations shall be designed to minimize the impact of the new ports of entry on the environment, culture, commerce, and quality of life for the communities and residents located near the proposed sites at which the such ports of entry will be constructed. (c) Expansion of Texas Ports of Entry.-- (1) Eagle pass.--The Secretary shall expand the vehicle, cargo, and pedestrian inspection lanes at the Eagle Pass, Texas port of entry by 6 additional primary and secondary inspection lanes by the end of fiscal year 2012. (2) Laredo.--The Secretary shall expand the vehicle, cargo, and pedestrian inspection lanes at the Laredo, Texas port of entry by 6 additional primary and secondary inspection lanes by the end of fiscal year 2012. SEC. 5. EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT AND THE PAPERWORK REDUCTION ACT. (a) Administrative Procedures Act.--Chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedure Act''), and any other law relating to rulemaking, information collection, or publication in the Federal Register, shall not apply to any action to implement this Act, and the amendments made by this Act, to the extent the Secretary of Homeland Security, the Secretary of State, the Attorney General, or the Secretary of Labor determines that compliance with any such requirement would impede the expeditious implementation of this Act or the amendments made by this Act. (b) Paperwork Reduction Act.--Chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act to the extent the Secretary of Homeland Security, the Secretary of State, the Attorney General, or the Secretary of Labor determines that compliance with any such requirement would impede the expeditious implementation of such Act or the amendments made by this Act. SEC. 6. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING RULES. (a) In General.--Notwithstanding any other provision of law, in implementing this Act-- (1) the competition requirements under section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) shall not apply; (2) any executive agency entering into a contract to implement this Act may use noncompetitive procedures in accordance with section 303(c) of such Act; (3) the Secretary of Homeland Security may enter into contracts to implement the programs described in this Act in advance of the receipt of any fees imposed on any beneficiary or petitioner for benefits under this Act; (4) the Secretary may not collect fees in excess of the amount necessary to defray the costs of the programs described in this Act; (5) the Secretary may appoint employees on a term, temporary limited, or part-time basis without regard to-- (A) the number of such employees; (B) the ratio between the number of such employees and the number of permanent full-time employees; and (C) the duration of such employees' employment; and (6) nothing in chapter 71 of title 5, United States Code, shall affect the authority of any Department of Homeland Security management official to hire employees under this subsection on a temporary limited or part-time basis. (b) Limitations on Judicial Review.--The determination of an executive agency under section 303 of the Federal Property and Administrative Services Act (41 U.S.C. 253(c)) shall not be subject to challenge by protest to-- (1) the Government Accountability Office under subchapter V of chapter 35 of title 31, United States Code; or (2) the Court of Federal Claims under section 1491 of title 28, United States Code. (c) Reports.--Any executive agency exercising the authority granted under subsections (a) and (b) shall-- (1) immediately submit written notification to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and (2) submit a quarterly report on the estimated obligations incurred pursuant to the authority granted under subsection (b). SEC. 7. AUTHORITY TO ACQUIRE LEASEHOLDS. Notwithstanding any other provision of law, the Secretary of Homeland Security may acquire a leasehold interest in real property, and may provide in a lease entered into under this section for the construction or modification of any facility on the leased property, if the Secretary determines that the acquisition of such interest, and such construction or modification, are necessary to facilitate the implementation of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to any funds otherwise available, there are authorized to be appropriated-- (1) such sums as may be necessary for each of the fiscal years 2009 through 2012 to carry out subsections (a) and (b) of section 3; (2) $10,000,000 for each of the fiscal years 2009 through 2012 to carry out section 3(d); (3) $30,000,000 for each of the fiscal years 2009 through 2012 to carry out section 3(e)(1); (4) $10,000,000 for each of the fiscal years 2009 through 2012 to carry out section 3(e)(3); (5) such sums as may be necessary to carry out section 3(f) for fiscal year 2008 and for each succeeding fiscal year; and (6) $400,000,000 for each of the fiscal years 2008 through 2010 to carry out section 4. (b) International Agreements.--In addition to any funds otherwise made available, there are authorized to be appropriated $100,000,000 for each of the fiscal years 2009 through 2012 for continued implementation of-- (1) the Secure Border Initiative, the Western Hemisphere Travel Initiative, and the US-VISIT program on the Northern border and the Southern border; and (2) the Customs-Trade Partnership Against Terrorism.", "summary": "Emergency Port of Entry Personnel and Infrastructure Funding Act of 2007 - Directs the U.S. Customs and Border Protection for FY2009-FY2012 to hire, train, and assign additional customs and border protection personnel (with an additional allotment for Texas) for the Northern and Southern U.S. borders. Requires the Secretary of Homeland Security (Secretary) to ensure such personnel are equipped with secure two-way communication devices and that existing personnel and new hires receive law enforcement training. Authorizes the Secretary to: (1) construct additional ports of entry along the Northern and Southern U.S. borders; and (2) determine the location for new U.S. ports of entry. Requires expansion of the vehicle, cargo, and pedestrian inspection lanes at Eagle Pass, Texas, and Laredo, Texas. Exempts the provisions of this Act from: (1) the Administrative Procedures Act and the Paperwork Reduction Act; and (2) federal competitive contracting and hiring requirements. Authorizes appropriations, including for continued implementation of: (1) the Secure Border Initiative, the Western Hemisphere Travel Initiative, and the US-VISIT program; and (2) the Customs-Trade Partnership Against Terrorism."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) Senator Mark O. Hatfield and Congresswoman Elizabeth Furse served the United States with distinction and honor; (2) Senator Hatfield and Congresswoman Furse have had a lasting impact on the relationship between the United States and Native Americans; (3) Senator Hatfield and Congresswoman Furse have been champions of the rights of Native Americans and Alaska Natives and worked in Congress to strengthen tribal self-governance; and (4) it is a fitting tribute to the leadership, courage, and bipartisan spirit that Senator Mark O. Hatfield and Congresswoman Elizabeth Furse exemplify to establish in their names programs to encourage excellence in tribal government. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Trustees of the Foundation established under section 4(b). (2) Eligible individual.--The term ``eligible individual'' means a citizen or national of the United States or a permanent resident alien of the United States. (3) Foundation.--The term ``Foundation'' means the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation established by section 4(a). (4) Fund.--The term ``Fund'' means the Mark O. Hatfield- Elizabeth Furse Scholarship and Excellence in Tribal Governance Fund established by section 7. (5) Institute.--The term ``Institute'' means the Institute for Tribal Government at Portland State University. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (7) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) American Samoa; (D) the Commonwealth of the Northern Mariana Islands; (E) Guam; (F) the Republic of the Marshall Islands; (G) the Federal States of Micronesia; (H) the Republic of Palau; (I) the Commonwealth of Puerto Rico; and (J) the United States Virgin Islands. SEC. 4. ESTABLISHMENT OF THE MARK O. HATFIELD-ELIZABETH FURSE SCHOLARSHIP AND EXCELLENCE IN TRIBAL GOVERNANCE FOUNDATION. (a) Establishment.--There is established as an independent entity in the Executive branch the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation. (b) Board of Trustees.-- (1) In general.--The Foundation shall be subject to the supervision and direction of a Board of Trustees. (2) Membership.--The Board shall be comprised of 12 trustees, of whom-- (A) 2 trustees shall be individuals appointed by the President, by and with the advice and consent of the Senate, after considering recommendations of the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives; (B) 2 trustees shall be individuals appointed by the President, by and with the advice and consent of the Senate, after considering recommendations of the President pro tempore of the Senate, in consultation with the majority and minority leaders of the Senate; (C) 5 trustees, not more than 3 trustees of whom shall be of the same political party, shall be individuals appointed by the President, by and with the advice and consent of the Senate, who have demonstrated leadership and interest in strengthening tribal self- governance, such as tribal leaders involved in health and public policy development affecting Native American and Alaska Native communities; (D) 1 trustee shall be the Secretary of the Interior; (E) 1 trustee shall be the Secretary of Education; and (F) 1 trustee shall be the president of Portland State University, who shall serve as a nonvoting member and shall not be eligible to serve as Chairperson. (c) Term.-- (1) In general.--The term of a member of the Board shall be 6 years, except that-- (A) in the case of the trustees first taking office-- (i) as designated by the President, 1 trustee appointed under subsection (b)(2)(B) and 2 trustees appointed under subsection (b)(2)(C) shall serve 2 years; (ii) as designated by the President, 1 trustee appointed under subsection (b)(2)(A) and 2 trustees appointed under subsection (b)(2)(C) shall serve 4 years; and (iii) as designated by the President, 1 trustee appointed under subsection (b)(2)(A), 1 trustee appointed under subsection (b)(2)(B), and 1 trustee appointed under subsection (b)(2)(C) shall serve 6 years; and (B) a trustee appointed to fill a vacancy shall-- (i) serve for the remainder of the term for which the predecessor of the trustee was appointed; and (ii) be appointed in the same manner as the original appointment for that vacancy was made. (d) Travel and Subsistence Pay.--A trustee shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of the duties of a member of the Board. (e) Location of Foundation.--The Foundation shall be located in Portland, Oregon. (f) Executive Director.-- (1) In general.--There shall be an Executive Director of the Foundation, who shall be appointed by the Board. (2) Duties.--The Executive Director-- (A) shall be the chief executive officer of the Foundation; and (B) shall carry out the functions of the Foundation, subject to the supervision and direction of the Board, and such other functions consistent with this Act as the Board shall prescribe. (3) Compensation.--The Executive Director shall be compensated at the rate specified for an employee in level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 5. PURPOSES. The purposes of the Foundation shall be-- (1) to develop resources to properly train Native American and Alaska Native tribal council members in self-government and related fields; (2) to foster among people in the United States greater recognition and understanding of the role of tribal self- government in the development of the United States; (3) to identify critical issues facing tribal governments; (4) to establish a program for tribal governance research at the Institute; and (5) to provide educational outreach regarding tribal self- government. SEC. 6. AUTHORITY OF THE FOUNDATION. (a) In General.--The Foundation, in consultation with the Institute, may identify and conduct such programs, activities, and services as the Foundation considers appropriate to carry out the purposes of the Foundation. (b) Programs, Activities, and Services.--The Foundation may, in accordance with this section-- (1) award scholarships, fellowships, internships, and grants; and (2) provide grants to the Institute to carry out and manage other programs, activities, and services. (c) National Competition.--The Foundation may provide, directly or by contract, for the conduct of national competition for the purpose of selecting recipients of scholarships, fellowships, internships, and grants awarded under this Act. (d) Award of Scholarships, Fellowships, Internships, and Grants.-- (1) In general.--The Foundation may award scholarships, fellowships, internships, and grants to eligible individuals who meet the minimum criteria established by the Foundation, for study in fields relating to tribal governance. (2) Elizabeth furse scholars.--Recipients of scholarships, fellowships, internships, and grants under this Act shall be known as ``Elizabeth Furse Scholars''. (e) Scholarships.-- (1) In general.--The Foundation may award scholarships to outstanding-- (A) undergraduate students who intend to pursue careers relating to tribal governance; and (B) Native American and Alaska Native undergraduate students who intend to pursue careers in tribal public policy. (2) Payments.--An eligible individual awarded a scholarship under this Act may receive payments under this Act only during such periods as the Foundation determines that the eligible individual-- (A) is maintaining satisfactory proficiency and devoting full time to study or research; and (B) is not engaging in gainful employment other than employment approved by the Foundation under regulations of the Board. (3) Reports.-- (A) In general.--The Foundation may require reports containing such information, in such form, and to be filed at such times as the Foundation determines to be necessary from any eligible individual awarded a scholarship under this Act. (B) Certificate.--Except as otherwise provided under this subsection, a report under subparagraph (A) shall be accompanied by a certificate from an appropriate official at the institution of higher education, approved by the Foundation, stating that the individual is making satisfactory progress in, and is devoting essentially full time to, study or research. (f) Fellowships.--The Foundation may award fellowships to-- (1) outstanding graduate students who intend to pursue advanced degrees in fields relating to tribal governance; (2) outstanding Native American and Alaska Native graduate students who intend to pursue advanced degrees in tribal public policy, law, or medicine; and (3) faculty from a variety of disciplines to bring the expertise of the faculty to the Foundation. (g) Internships.--The Foundation may award internships to deserving and qualified-- (1) individuals, for use in participating in internships in Federal, State, and local agencies or in offices of major tribal governance organizations; and (2) Native American and Alaska Native individuals, for use in participating in internships in Federal, State, and local agencies or in offices of major public health or public policy organizations. (h) Grants.--The Foundation shall award grants to the Institute-- (1) to provide for an annual panel of experts to discuss contemporary tribal governance issues; (2) to conduct tribal governance policy research; (3) to conduct research on Native American and Alaska Native tribal public policy issues; and (4) to invite visiting policymakers to share practical experiences with the Foundation. (i) Coordination.--The Foundation shall assist in the development and implementation of a program for tribal governance research to be located at the Institute. (j) Program Priorities.-- (1) In general.--Subject to paragraph (2), the Foundation shall determine-- (A) the priority of the programs to be carried out under this Act; and (B) the amount of funds to be allocated for the programs. (2) Requirements.--Of amounts made available to carry out this section-- (A) not less than 50 percent shall be used for the programs described in subsections (e), (f), and (g); (B) not less than 20 percent shall be made available to the Institute to carry out subsections (h) and (i), on the conditions that-- (i) a 25-percent matching share is provided from other non-Federal sources; and (ii) adequate space at the Institute is made available by the Institute for the Executive Director and other appropriate staff of the Foundation; and (C) not more than 15 percent shall be used for salaries and other administrative purposes. SEC. 7. ESTABLISHMENT OF MARK O. HATFIELD-ELIZABETH FURSE SCHOLARSHIP AND EXCELLENCE IN TRIBAL GOVERNANCE TRUST FUND. (a) Establishment of Fund.--There is established in the Treasury of the United States a trust fund to be known as the ``Mark O. Hatfield- Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust Fund'', to be administered by the Foundation, consisting of amounts appropriated to the fund under section 10. (b) Investment of Fund Assets.-- (1) In general.--The Secretary of the Treasury shall invest in full, at the direction of the Board, the amounts appropriated to the Fund. (2) Eligible investments.--The investments shall be in public debt securities with maturities suitable for the needs of the Fund. (3) Interest.--Investments in public debt securities shall bear interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturity. SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND. (a) In General.--The Foundation shall pay from the interest and earnings of the Fund such amounts as the Board determines are appropriate to enable the Foundation to carry out this Act. (b) Audit by Government Accountability Office.-- (1) In general.--The activities of the Foundation and the Institute under this Act may be audited by the Government Accountability Office under such regulations as may be promulgated by the Comptroller General of the United States. (2) Access.--Representatives of the Government Accountability Office shall have access to all books, accounts, records, reports filed and all other papers, things, or property belonging to or in use by the Foundation and the Institute that pertain to federally-assisted activities and are necessary to facilitate the audit. SEC. 9. ADMINISTRATIVE PROVISIONS. To carry out this Act, the Foundation may-- (1) appoint, and fix the compensation of, such personnel as are necessary to carry out this Act, except that in no case shall an employee other than the Executive Director be compensated at a rate that exceeds the maximum rate for employees in grade GS-15 of the General Schedule under section 5332 of title 5, United States Code; (2) procure or fund the Institute to procure temporary and intermittent services of such experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for level IV of the Executive Schedule under section 5315 of title 5, United States Code; (3) promulgate such regulations as the Foundation considers to be necessary governing the manner in which the functions of the Foundation shall be carried out; (4) accept, hold, administer, and use gifts, both real and personal, for the purpose of aiding or facilitating the work of the Foundation; (5) accept and use the services of voluntary and noncompensated personnel and reimburse such personnel for travel expenses, including per diem expenses, as authorized by section 5703 of title 5, United States Code; (6) enter into contracts, grants, or other arrangements or modifications of contracts, grants, or arrangements to carry out this Act, which contracts, grants, arrangements, and modifications may, with the concurrence of at least \\2/3\\ of the members of the Board, be entered into without performance bond or other bond, and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5); and (7) make other necessary expenditures. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Fund $50,000,000.", "summary": "Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Act of 2004 - Establishes as an independent entity of the executive branch the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation to be located in Portland, Oregon, to: (1) develop resources to properly train Native American and Alaska Native tribal council members in self-government and related fields; (2) foster greater recognition and understanding of the role of tribal self-government in the development of the United States; (3) identify critical issues facing tribal governments in the Nation; (4) establish a program for tribal goverance research at the Institute for Tribal Government at Portland State University; and (5) provide educational outreach regarding tribal self-government. Authorizes the Foundation to award scholarships, fellowships, internships, and grants to eligible individuals who meet the minimum criteria established by the Foundation for study in fields relating to tribal governance. Authorizes the Foundation to award scholarships to outstanding undergraduate students who intend to pursue careers relating to tribal goverance, and Native Americans and Alaska Natives intending to pursue careers in tribal public policy. Authorizes the Foundation to award fellowships to: (1) outstanding graduate students who intend to pursue advanced degrees in fields relating to tribal governance, and Native Americans and Alaska Natives intending to pursue advanced degrees in tribal public policy, law, or medicine; and (2) faculty from a variety of disciplines to bring their expertise to the Foundation. Authorizes the Foundation to award internships to deserving and qualified: (1) individuals to work in Federal, State, and local agencies or in offices of major tribal governance organizations; and (2) Native American and Alaska Native individuals to work in Federal, State, and local agencies or in offices of major public health or public policy organizations. Directs the Foundation to award grants to the Institute to: (1) provide for an annual panel of experts to discuss contemporary tribal governance issues; (2) conduct research in tribal governance policy and on Native American and Alaska Native tribal public policy issues; and (4) invite visiting policymakers to share practical experiences with the Foundation. Establishes in the Treasury the Mark O. Hatfield- Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust Fund to be administered by the Foundation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Integrity and Data Improvement Act''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Extension of program. Sec. 4. Data standardization. Sec. 5. Spending policies for assistance under State TANF programs. Sec. 6. Technical corrections. SEC. 3. EXTENSION OF PROGRAM. (a) Family Assistance Grants.--Section 403(a)(1) of the Social Security Act (42 U.S.C. 603(a)(1) is amended-- (1) in subparagraph (A), by striking `` each of fiscal years 1996'' and all that follows through ``2003'' and inserting ``fiscal year 2012''; (2) in subparagraph (B)-- (A) by inserting ``(as in effect just before the enactment of the Welfare Integrity and Data Improvement Act)'' after ``this paragraph'' the 1st place it appears; and (B) by inserting ``(as so in effect)'' after ``this paragraph'' the 2nd place it appears; and (3) in subparagraph (C), by striking ``2003'' and inserting ``2012''. (b) Healthy Marriage Promotion and Responsible Fatherhood Grants.-- Section 403(a)(2)(D) of such Act (42 U.S.C. 603(a)(2)(D)) is amended by striking ``2011'' and inserting ``2012''. (c) Maintenance of Effort Requirement.--Section 409(a)(7) of such Act (42 U.S.C. 609(a)(7)) is amended-- (1) in subparagraph (A), by striking ``fiscal year'' and all that follows through ``2013'' and inserting ``a fiscal year''; and (2) in subparagraph (B)(ii)-- (A) by striking ``for fiscal years 1997 through 2012,''; and (B) by striking ``407(a) for the fiscal year,'' and inserting ``407(a),''. (d) Tribal Grants.--Section 412(a) of such Act (42 U.S.C. 612(a)) is amended in each of paragraphs (1)(A) and (2)(A) by striking ``each of fiscal years 1997'' and all that follows through ``2003'' and inserting ``fiscal year 2012''. (e) Studies and Demonstrations.--Section 413(h)(1) of such Act (42 U.S.C. 613(h)(1)) is amended by striking ``each of fiscal years 1997 through 2002'' and inserting ``fiscal year 2012''. (f) Census Bureau Study.--Section 414(b) of such Act (42 U.S.C. 614(b)) is amended by striking ``each of fiscal years 1996'' and all that follows through ``2003'' and inserting ``fiscal year 2012''. (g) Child Care Entitlement.--Section 418(a)(3) of such Act (42 U.S.C. 618(a)(3)) is amended by striking ``appropriated'' and all that follows and inserting ``appropriated $2,917,000,000 for fiscal year 2012.''. (h) Grants to Territories.--Section 1108(b)(2) of such Act (42 U.S.C. 1308(b)(2)) is amended by striking ``for fiscal years 1997 through 2003'' and inserting ``fiscal year 2012''. (i) Prevention of Duplicate Appropriations for Fiscal Year 2012.-- Expenditures made pursuant to the Short-Term TANF Extension Act (Public Law 112-35) for fiscal year 2012 shall be charged to the applicable appropriation or authorization provided by the amendments made by this section for such fiscal year. (j) Effective Date.--This section and the amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 4. DATA STANDARDIZATION. (a) In General.--Section 411 of the Social Security Act (42 U.S.C. 611) is amended by adding at the end the following: ``(d) Data Standardization.-- ``(1) Standard data elements.-- ``(A) Designation.--The Secretary, in consultation with an interagency work group which shall be established by the Office of Management and Budget, and considering State and tribal perspectives, shall, by rule, designate standard data elements for any category of information required to be reported under this part. ``(B) Requirements.--In designating the standard data elements, the Secretary shall, to the extent practicable-- ``(i) ensure that the data elements are nonproprietary and interoperable; ``(ii) incorporate interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization; ``(iii) incorporate interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and ``(iv) incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory Council. ``(2) Data reporting standards.-- ``(A) Designation.--The Secretary, in consultation with an interagency work group established by the Office of Management and Budget, and considering State and tribal perspectives, shall, by rule, designate standards to govern the data reporting required under this part. ``(B) Requirements.--In designating the data reporting standards, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Business Reporting Language. Such standards shall, to the extent practicable-- ``(i) incorporate a widely-accepted, nonproprietary, searchable, computer-readable format; ``(ii) be consistent with and implement applicable accounting principles; and ``(iii) be capable of being continually upgraded as necessary.''. (b) Applicability.--The amendments made by this subsection shall apply with respect to information required to be reported on or after October 1, 2012. SEC. 5. SPENDING POLICIES FOR ASSISTANCE UNDER STATE TANF PROGRAMS. (a) State Requirement.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) State requirement to prevent unauthorized spending of benefits.-- ``(A) In general.--A State to which a grant is made under section 403 shall maintain policies and practices as necessary to prevent assistance provided under the State program funded under this part from being used in any electronic benefit transfer transaction in-- ``(i) any liquor store; ``(ii) any casino, gambling casino, or gaming establishment; or ``(iii) any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. ``(B) Definitions.--For purposes of subparagraph (A)-- ``(i) Liquor store.--The term `liquor store' means any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (within the meaning of section 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(r))). ``(ii) Casino, gambling casino, or gaming establishment.--The terms `casino', `gambling casino', and `gaming establishment' do not include a grocery store which sells groceries including such staple foods and which also offers, or is located within the same building or complex as, casino, gambling, or gaming activities. ``(iii) Electronic benefit transfer transaction.--The term `electronic benefit transfer transaction' means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.''. (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the following: ``(16) Penalty for failure to enforce spending policies.-- ``(A) In general.--If, within 2 years after the date of the enactment of this paragraph, any State has not reported to the Secretary on such State's implementation of the policies and practices required by section 408(a)(12), or the Secretary determines, based on the information provided in State reports, that any State has not implemented and maintained such policies and practices, the Secretary shall reduce, by an amount equal to 5 percent of the State family assistance grant, the grant payable to such State under section 403(a)(1) for-- ``(i) the fiscal year immediately succeeding the year in which such 2-year period ends; and ``(ii) each succeeding fiscal year in which the State does not demonstrate that such State has implemented and maintained such policies and practices. ``(B) Reduction of applicable penalty.--The Secretary may reduce the amount of the reduction required under subparagraph (A) based on the degree of noncompliance of the State. ``(C) State not responsible for individual violations.--Fraudulent activity by any individual in an attempt to circumvent the policies and practices required by section 408(a)(12) shall not trigger a State penalty under subparagraph (A).''. (c) Conforming Amendment.--Section 409(c)(4) of such Act (42 U.S.C. 609(c)(4)) is amended by striking ``or (13)'' and inserting ``(13), or (16)''. SEC. 6. TECHNICAL CORRECTIONS. (a) Section 404(d)(1)(A) of the Social Security Act (42 U.S.C. 604(d)(1)(A)) is amended by striking ``subtitle 1 of Title'' and inserting ``Subtitle 1 of title''. (b) Sections 407(c)(2)(A)(i) and 409(a)(3)(C) of such Act (42 U.S.C. 607(c)(2)(A)(i) and 609(a)(3)(C)) are each amended by striking ``403(b)(6)'' and inserting ``403(b)(5)''. (c) Section 409(a)(2)(A) of such Act (42 U.S.C. 609(a)(2)(A)) is amended by moving clauses (i) and (ii) 2 ems to the right. (d) Section 409(c)(2) of such Act (42 U.S.C. 609(c)(2)) is amended by inserting a comma after ``appropriate''. (e) Section 411(a)(1)(A)(ii)(III) of such Act (42 U.S.C. 611(a)(1)(A)(ii)(III)) is amended by striking the last close parenthesis. Passed the House of Representatives December 15, 2011. Attest: KAREN L. HAAS, Clerk.", "summary": "Welfare Integrity and Data Improvement Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to extend the TANF program through FY2012. Directs the Secretary of HHS to designate standard data elements for any category of information required to be reported under TANF. Requires states to maintain policies and practices necessary to prevent the use of state TANF assistance in any transaction in any: (1) liquor store; (2) casino, gambling casino, or gaming establishment; or (3) retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. Prescribes an administrative penalty for states which failure to enforce such requirement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Productivity Innovation Challenge Act of 2015'' or the ``EPIC Act of 2015''. SEC. 2. PURPOSE. The purpose of this Act is to assist energy policy innovation in the States to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. SEC. 3. DEFINITIONS. In this Act: (1) Energy productivity.--The term ``energy productivity'' means, in the case of a State or Indian tribe, the gross State or tribal product per British thermal unit of energy consumed in the State or tribal land of the Indian tribe, respectively. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (3) State.--The term ``State'' has the meaning given the term in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202). SEC. 4. PHASE 1: INITIAL ALLOCATION OF GRANTS TO STATES. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall issue an invitation to States to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section. (b) Grants.-- (1) In general.--Subject to section 7, the Secretary shall use funds made available under section 8(b)(1) to provide an initial allocation of grants to not more than 25 States. (2) Amount.--The amount of a grant provided to a State under this section shall be not less than $500,000 nor more than $1,750,000. (c) Submission of Plans.--To receive a grant under this section, not later than 90 days after the date of issuance of the invitation under subsection (a), a State (in consultation with energy utilities, regulatory bodies, and others) shall submit to the Secretary an application to receive the grant by submitting a revised State energy conservation plan under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322). (d) Decision by Secretary.-- (1) Basis.--The Secretary shall base the decision of the Secretary on an application submitted under this section on-- (A) plans for improvement in electric and thermal energy productivity consistent with this Act; and (B) other factors determined appropriate by the Secretary, including geographic diversity. (2) Ranking.--The Secretary shall-- (A) rank revised plans submitted under this section in order of the greatest to least likely contribution to improving energy productivity in the State; and (B) provide grants under this section in accordance with the ranking and the scale and scope of a plan. (e) Plan Requirements.--A plan submitted under subsection (c) shall provide-- (1) a description of the manner in which-- (A) energy savings will be monitored and verified and energy productivity improvements will be calculated using inflation-adjusted dollars; (B) a statewide baseline of energy use and potential resources for calendar year 2010 will be established to measure improvements; (C) the plan will promote achievement of energy savings and demand reduction goals; (D) public and private sector investments in energy efficiency will be leveraged with available Federal funding; and (E) the plan will not cause cost-shifting among utility customer classes or negatively impact low- income populations; and (2) an assurance that-- (A) the State energy office required to submit the plan, the energy utilities in the State participating in the plan, and the State public service commission are cooperating and coordinating programs and activities under this Act; (B) the State is cooperating with local units of government, Indian tribes, and energy utilities to expand programs as appropriate; and (C) grants provided under this Act will be used to supplement and not supplant Federal, State, or ratepayer-funded programs or activities in existence on the date of enactment of this Act. (f) Uses.--A State may use grants provided under this section to promote-- (1) the expansion of policies and programs that will advance industrial energy efficiency, waste heat recovery, combined heat and power, and waste heat-to-power utilization; (2) the expansion of policies and programs that will advance energy efficiency construction and retrofits for public and private commercial buildings (including schools, hospitals, and residential buildings, including multifamily buildings) such as through expanded energy service performance contracts, equivalent utility energy service contracts, zero net-energy buildings, and improved building energy efficiency codes; (3) the expansion of residential policies and programs designed to implement best practice policies and tools for residential retrofit programs that-- (A) reduce administrative and delivery costs for energy efficiency projects; (B) encourage streamlining and automation to support contractor engagement; and (C) implement systems that encourage private investment and market innovation; (4) the establishment or expansion of incentives in the electric utility sector to enhance demand response and energy efficiency, including consideration of additional incentives to promote the purposes of section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)), such as appropriate, cost-effective policies regarding rate structures, grid improvements, behavior change, combined heat and power and waste heat-to-power incentives, financing of energy efficiency programs, data use incentives, district heating, and regular energy audits; and (5) leadership by example, in which State activities involving both facilities and vehicle fleets can be a model for other action to promote energy efficiency and can be expanded with Federal grants provided under this Act. SEC. 5. PHASE 2: SUBSEQUENT ALLOCATION OF GRANTS TO STATES. (a) Reports.--Not later than 18 months after the receipt of grants under section 4, each State (in consultation with other parties described in subsection (b)(3)(F)) that received grants under section 4 may submit to the Secretary a report that describes-- (1) the performance of the programs and activities carried out with the grants; and (2) in consultation with other parties described in subsection (b)(3)(F), the manner in which additional funds would be used to carry out programs and activities to promote the purposes of this Act. (b) Grants.-- (1) In general.--Not later than 180 days after the date of the receipt of the reports required under subsection (a), subject to section 7, the Secretary shall use amounts made available under section 8(b)(2) to provide grants to not more than 6 States to carry out the programs and activities described in subsection (a)(2). (2) Amount.--The amount of a grant provided to a State under this section shall be not more than $15,000,000. (3) Basis.--The Secretary shall base the decision of the Secretary to provide grants under this section on-- (A) the performance of the State in the programs and activities carried out with grants provided under section 4; (B) the potential of the programs and activities described in subsection (a)(2) to achieve the purposes of this Act; (C) the desirability of maintaining a total project portfolio that is geographically and functionally diverse; (D) the amount of non-Federal funds that are leveraged as a result of the grants to ensure that Federal dollars are leveraged effectively; (E) plans for continuation of the improvements after the receipt of grants under this Act; and (F) demonstrated effort by the State to involve diverse groups, including-- (i) investor-owned, cooperative, and public power utilities; (ii) local governments; and (iii) nonprofit organizations. SEC. 6. ALLOCATION OF GRANTS TO INDIAN TRIBES. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall invite Indian tribes to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section. (b) Submission of Plans.--To receive a grant under this section, not later than 90 days after the date of issuance of the invitation under subsection (a), an Indian tribe shall submit to the Secretary a plan to increase electric and thermal energy productivity by the Indian tribe. (c) Decision by Secretary.-- (1) In general.--Not later than 90 days after the submission of plans under subsection (b), the Secretary shall make a final decision on the allocation of grants under this section. (2) Basis.--The Secretary shall base the decision of the Secretary under paragraph (1) on-- (A) plans for improvement in electric and thermal energy productivity consistent with this Act; (B) plans for continuation of the improvements after the receipt of grants under this Act; and (C) other factors determined appropriate by the Secretary, including-- (i) geographic diversity; and (ii) size differences among Indian tribes. (3) Limitation.--An individual Indian tribe shall not receive more than 20 percent of the total amount available to carry out this section. SEC. 7. ADMINISTRATION. (a) Independent Evaluation.--To evaluate program performance and effectiveness under this Act, the Secretary shall consult with the National Research Council regarding requirements for data and evaluation for recipients of grants under this Act. (b) Coordination With State Energy Conservation Programs.-- (1) In general.--Grants to States under this Act shall be provided through additional funding to carry out State energy conservation programs under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). (2) Relationship to state energy conservation programs.-- (A) In general.--A grant provided to a State under this Act shall be used to supplement (and not supplant) funds provided to the State under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). (B) Minimum funding.--A grant shall not be provided to a State for a fiscal year under this Act if the amount of funding provided to all State grantees under the base formula for the fiscal year under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is less than $50,000,000. (c) Voluntary Participation.--The participation of a State in a challenge established under this Act shall be voluntary. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $100,000,000 for the period of fiscal years 2016 and 2017. (b) Allocation.--Of the total amount of funds made available under subsection (a)-- (1) 30 percent shall be used to provide an initial allocation of grants to States under section 4; (2) 61 percent shall be used to provide a subsequent allocation of grants to States under section 5; (3) 4 percent shall be used to make grants to Indian tribes under section 6; and (4) 5 percent shall be available to the Secretary for the cost of administration and technical support to carry out this Act. SEC. 9. OFFSET. Section 422(f) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082(f)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon at the end; and (2) by striking paragraph (4) and inserting the following: ``(4) $200,000,000 for each of fiscal years 2013 through 2015; ``(5) $150,000,000 for each of fiscal years 2016 and 2017; and ``(6) $200,000,000 for fiscal year 2018.''.", "summary": "Energy Productivity Innovation Challenge Act of 2015 or the EPIC Act of 2015 This bill requires the Department of Energy (DOE) to establish a voluntary electric and thermal energy productivity challenge grant program for providing support to states for: advancing industrial energy efficiency, waste heat recovery, combined heat and power, and waste heat-to-power utilization; advancing energy efficiency construction and retrofits for commercial buildings, schools, hospitals, and residential buildings; expanding residential policies and programs designed to implement best practice policies and tools for residential retrofit programs that reduce administrative and delivery costs for energy efficiency projects, encourage streamlining and automation to support contractor engagement, and implement systems that encourage private investment and market innovation; establishing or expanding incentives in the electric utility sector to enhance demand response and energy efficiency; and promoting state activities involving both facilities and vehicle fleets than can be a model for other action to promote energy efficiency. DOE must: (1) provide subsequent grants for activities to assist energy policy innovation in the states and to promote the goal of doubling electric and thermal energy productivity by January 1, 2030, and (2) invite Indian tribes to participate in the productivity challenge grant program. As an offset to the cost of this bill, the bill amends the Energy Independence and Security Act of 2007 to reduce the authorized amount of appropriations for FY2016-FY2017 for the Zero Net Energy Commercial Buildings Initiative."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Company Capital Formation Act of 2011''. SEC. 2. AUTHORITY TO EXEMPT CERTAIN SECURITIES. (a) In General.--Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is amended-- (1) by striking ``(b) The Commission'' and inserting the following: ``(b) Additional Exemptions.-- ``(1) Small issues exemptive authority.--The Commission''; and (2) by adding at the end the following: ``(2) Additional issues.--The Commission shall by rule or regulation add a class of securities to the securities exempted pursuant to this section in accordance with the following terms and conditions: ``(A) The aggregate offering amount of all securities offered and sold within the prior 12-month period in reliance on the exemption added in accordance with this paragraph shall not exceed $50,000,000. ``(B) The securities may be offered and sold publicly. ``(C) The securities shall not be restricted securities within the meaning of the Federal securities laws and the regulations promulgated thereunder. ``(D) The civil liability provision in section 12(a)(2) shall apply to any person offering or selling such securities. ``(E) The issuer may solicit interest in the offering prior to filing any offering statement, on such terms and conditions as the Commission may prescribe in the public interest or for the protection of investors. ``(F) The Commission shall require the issuer to file audited financial statements with the Commission annually. ``(G) Such other terms, conditions, or requirements as the Commission may determine necessary in the public interest and for the protection of investors, which may include-- ``(i) a requirement that the issuer prepare and electronically file with the Commission and distribute to prospective investors an offering statement, and any related documents, in such form and with such content as prescribed by the Commission, including audited financial statements, a description of the issuer's business operations, its financial condition, its corporate governance principles, its use of investor funds, and other appropriate matters; and ``(ii) disqualification provisions under which the exemption shall not be available to the issuer or its predecessors, affiliates, officers, directors, underwriters, or other related persons, which shall be substantially similar to the disqualification provisions contained in the regulations adopted in accordance with section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 77d note). ``(3) Limitation.--Only the following types of securities may be exempted under a rule or regulation adopted pursuant to paragraph (2): equity securities, debt securities, and debt securities convertible or exchangeable to equity interests, including any guarantees of such securities. ``(4) Periodic disclosures.--Upon such terms and conditions as the Commission determines necessary in the public interest and for the protection of investors, the Commission by rule or regulation may require an issuer of a class of securities exempted under paragraph (2) to make available to investors and file with the Commission periodic disclosures regarding the issuer, its business operations, its financial condition, its corporate governance principles, its use of investor funds, and other appropriate matters, and also may provide for the suspension and termination of such a requirement with respect to that issuer. ``(5) Adjustment.--Not later than 2 years after the date of enactment of the Small Company Capital Formation Act of 2011 and every 2 years thereafter, the Commission shall review the offering amount limitation described in paragraph (2)(A) and shall increase such amount as the Commission determines appropriate. If the Commission determines not to increase such amount, it shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on its reasons for not increasing the amount.''. (b) Treatment as Covered Securities for Purposes of NSMIA.--Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended-- (1) in subparagraph (C), by striking ``; or'' at the end and inserting a semicolon; and (2) by redesignating subparagraph (D) as subparagraph (E), and inserting after subparagraph (C) the following: ``(D) a rule or regulation adopted pursuant to section 3(b)(2) and such security is-- ``(i) offered or sold on a national securities exchange; or ``(ii) offered or sold to a qualified purchaser, as defined by the Commission pursuant to paragraph (3) with respect to that purchase or sale.''. (c) Conforming Amendment.--Section 4(5) of the Securities Act of 1933 is amended by striking ``section 3(b)'' and inserting ``section 3(b)(1)''. SEC. 3. STUDY ON THE IMPACT OF STATE BLUE SKY LAWS ON REGULATION A OFFERINGS. The Comptroller General shall conduct a study on the impact of State laws regulating securities offerings, or ``Blue Sky laws'', on offerings made under Regulation A (17 CFR 230.251 et seq.). The Comptroller General shall transmit a report on the findings of the study to the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than 3 months after the date of enactment of this Act. Passed the House of Representatives November 2, 2011. Attest: KAREN L. HAAS, Clerk.", "summary": "Small Company Capital Formation Act of 2011 - (Sec. 2) Amends the Securities Act of 1933 (Act) to direct the Securities and Exchange Commission (SEC) to exempt from its regulation a class of securities for which the aggregate offering amount of all securities sold within the prior 12-month period in reliance upon such exemption does not exceed $50 million. Restricts any such exemption to equity securities, debt securities, and debt securities convertible or exchangeable to equity interests, including any guarantees of such securities. Subjects to civil liability certain violations arising from offering or selling securities by use of prospectuses and communications. Authorizes the SEC to: (1) require an issuer of such exempted class of securities to make periodic disclosures available to investors regarding the issuer, its business operations, financial condition, corporate governance principles, and use of investor funds; (2) require the issuer to file electronically with the SEC and distribute to prospective investors an offering statement which includes this information; (3) provide for the suspension and termination of this disclosure requirement with respect to that issuer; and (4) prescribe exemption disqualification requirements, substantially similar to regulations adopted in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act, under which the exemption shall not be available to the issuer and related persons, including predecessors, affiliates, officers, directors, and underwriters. Requires the SEC to: (1) review and increase biennially such offering amount limitation, as appropriate; and (2) report to certain congressional committees its reasons for not increasing the amount if it determines not to do so. Exempts from state regulation the securities covered and required exempted from SEC regulation by this Act. (Sec. 3) Directs the Comptroller General to study the impact of state laws regulating securities offerings (Blue Sky laws) on offerings made under Regulation A (which specifies the terms and conditions of exemption from the registration requirements of the Securities Act of 1933)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Integrity Act of 2004'' . SEC. 2. REQUIRING PROOF OF CITIZENSHIP TO ACCOMPANY APPLICATION FOR VOTER REGISTRATION. (a) Application Provided With Motor Vehicle License Application.-- Section 5(c)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg--3(c)(2)) is amended-- (1) in subparagraph (B), by striking ``may require'' and inserting ``in addition to the information required under subparagraph (E), may require''; (2) by striking ``and'' at the end of subparagraph (D); (3) by redesignating subparagraph (E) as subparagraph (F); and (4) by inserting after subparagraph (D) the following new subparagraph: ``(E) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.''. (b) Mail-In Form.--Section 9(b) of such Act (42 U.S.C. 1973gg-- 7(b)) is amended-- (1) in paragraph (1), by striking ``may require'' and inserting ``consistent with paragraph (5), may require''; (2) by striking ``and'' at the end of paragraph (3); (3) by striking the period at the end of paragraph (4) and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(5) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.''. (c) Special Rules for States Without Registration Requirement and States Permitting Same-Day Registration.-- (1) In general.--Section 8 of such Act (42 U.S.C. 1973gg-- 6) is amended-- (A) by redesignating subsection (j) as subsection (k); and (B) by inserting after subsection (i) the following new subsection: ``(j) Requirement for Proof of Citizenship in States Without Registration Requirement and States Permitting Same-Day Registration.-- ``(1) States without registration requirement.--In the case of a State described in section 4(b)(1), the appropriate State or local election official may not provide any individual with a ballot for an election for Federal office (including an absentee ballot) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State. ``(2) States permitting same-day registration.--In the case of a State described in section 4(b)(2), the appropriate State or local election official may not permit any individual to register to vote in an election for Federal office (including an individual who desires to register to vote at the polling place at the time of voting in the election) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.''. (2) Conforming amendment.--Section 4(b) of such Act (42 U.S.C. 1973gg-2(b)) is amended by striking ``This Act'' and inserting ``Except as provided in section 8(j), this Act''. SEC. 3. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION. (a) In General.--Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)) is amended-- (1) in the heading, by striking ``for Voters Who Register by Mail'' and inserting ``for Providing Photo Identification''; and (2) by striking paragraphs (1) through (3) and inserting the following: ``(1) Individuals voting in person.--Notwithstanding any other provision of law, the appropriate State or local election official may not provide a ballot for an election for Federal office (including a provisional ballot under section 302(a)) to an individual who desires to vote in person unless the individual presents to the official a current and valid photo identification. ``(2) Individuals voting by mail.--Notwithstanding any other provision of law, the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes by mail unless the individual submits with the ballot a copy of a current and valid photo identification.''. (b) Conforming Amendments.--Section 303 of such Act (42 U.S.C. 15483) is amended-- (1) in the heading, by striking ``for voters who register by mail'' and inserting ``for providing photo identification''; and (2) in subsection (c), by striking ``subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting ``subsection (a)(5)(A)(i)(II)''. (c) Clerical Amendment.--The table of contents of such Act is amended by amending the item relating to section 303 to read as follows: ``Sec. 303. Computerized statewide voter registration list requirements and requirements for providing photo identification.''. (d) Effective Date.--Section 303(d) of such Act (42 U.S.C. 15483(d)) is amended to read as follows: ``(d) Requirement to Provide Photo Identification.--Subsection (b) shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office.", "summary": "Federal Election Integrity Act of 2004 - Amends the National Voter Registration Act of 1993 to require any individual who desires to register or re-register to vote in an election for Federal office to provide the appropriate State election official with proof that the individual is a U.S. citizen. Requires proof of citizenship in States without registration requirement and States permitting same day registration. Amends the Help America Vote Act of 2002 to prohibit the appropriate State or local election official from: (1) providing a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official a current and valid photo ID; or (2) accepting any ballot of an individual voting by mail without a copy of a current photo ID."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Repeal of Expensive Exchanges Act'' or the ``FREE Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Patient Protection and Affordable Care Act makes health care more expensive and less accessible, while also driving up the Federal deficit and debt. (2) This increase in cost is most noticeable in the health insurance exchanges established under such Act, which would increase the Federal deficit by $1.017 trillion over an eleven- year timeframe, as stated in a July, 2012 Congressional Budget Office report. (3) The Federal mandate to establish health insurance exchanges directly assaults the States' traditional authority to regulate health insurance. (4) Such Federal mandate imposes unknown insurance costs on consumers and administrative costs on States. (5) Such Federal mandate imposes a ``one-size-fits-all'' approach that ignores State differences. (6) Such Federal mandate undermines choice and competition and guarantees further consolidation of the health insurance markets. SEC. 3. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT PREMIUM TAX CREDITS AND COST-SHARING SUBSIDIES. (a) Premium Tax Credits.--The Internal Revenue Code of 1986 is amended by striking section 36B. (b) Advance Determination and Payment of Premium Tax Credits and Cost-Sharing Reductions.--The Patient Protection and Affordable Care Act is amended by striking section 1412. (c) Cost-Sharing.--The Patient Protection and Affordable Care Act is amended by striking section 1402. (d) Conforming Amendments.-- (1) Internal revenue code of 1986.-- (A) Section 280C of the Internal Revenue Code of 1986 is amended by striking subsection (g). (B) Clause (iii) of section 6055(b)(1)(B) of such Code is amended to read as follows: ``(iii) in the case of minimum essential coverage which consists of health insurance coverage, information concerning whether or not the coverage is a qualified health plan offered through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act, and''; and (C) Section 6103(l)(21) of such Code is amended-- (i) by striking ``any premium tax credit under section 36B or any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act or'' in the matter preceding subparagraph (i), (ii) by striking ``(as defined in section 36B)'' in subparagraph (A)(iv), and (iii) by adding at the end the following: ``(D) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means adjusted gross income increased by-- ``(i) any amount excluded from gross income under section 911, ``(ii) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and ``(iii) an amount equal to the portion of the taxpayer's social security benefits (as defined in section 86(d)) which is not included in gross income under section 86 for the taxable year.''. (D) Section 6211(b)(4)(A) of such Code is amended by striking ``36B,''. (E) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36B. (2) Fair labor standards act of 1938.-- (A) Section 18B(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218b(a)) is amended-- (i) by inserting ``and'' at the end of paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (B) Section 18C(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218c(a)) is amended by striking paragraph (1) and by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (3) Public health service act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (A) in section 2705(l)(3)(A) (42 U.S.C. 300gg- 4(l)(3)(A))-- (i) by striking the em dash before clause (i) and inserting ``will not result in any decrease in coverage.''; and (ii) by striking clauses (i) and (ii); and (B) in section 2793(c) (300gg-93(c))-- (i) by inserting ``and'' at the end of paragraph (3); (ii) by striking ``; and'' at the end of paragraph (4); and (iii) by striking paragraph (5). (4) Patient protection and affordable care act.--The Patient Protection and Affordable Care Act (Public Law 111-148, as amended) is amended-- (A) in section 1303(b) by striking paragraph (2); (B) in section 1311(c)(5)(B) (42 U.S.C. 18031(c)(5)(B)), by striking ``or eligible for a premium tax credit or cost-sharing reduction''; (C) in section 1311(d)(4) (42 U.S.C. 18031(d)(4))-- (i) in subparagraph (G), by striking ``after the application of any premium tax credit'' and all that follows through ``section 1402''; and (ii) in subparagraph (I), by striking clause (ii); (D) in section 1311(i)(3)(B) (42 U.S.C. 18031(i)(3)(B)), by striking ``, and the availability of premium tax credits'' and all that follows through ``section 1402''; (E) in section 1312(e) (42 U.S.C. 18032(e))-- (i) in paragraph (1), by striking ``; and'' and inserting a period; (ii) by striking paragraph (2); and (iii) by striking ``brokers--'' and all that follows through ``to enroll'' and inserting ``brokers to enroll''; (F) in section 1313(a)(6)(A) (42 U.S.C. 18033(a)(6)(A)), by striking ``, including payments of premium tax credits and cost-sharing reductions through the Exchange''; (G) in section 1331(d)(3)(A)(i) (42 U.S.C. 18051) is amended by inserting ``and the Federal Repeal of Expensive Exchanges Act had not been enacted'' before the period at the end; (H) in section 1332(a) (42 U.S.C. 18052(a))-- (i) in paragraph (2)-- (I) by striking subparagraph (C); and (II) in subparagraph (D) by striking ``36B, 4980H,'' and inserting ``4980H''; and (ii) in paragraph (3), by striking ``premium tax credits, cost-sharing reductions''; (I) in section 1334(c) (42 U.S.C. 18054(c)) by striking paragraph (3); (J) in section 1401(c)(1)(A), by striking clause (i); (K) in section 1411 (42 U.S.C. 18081)-- (i) in subsection (a)(1)-- (I) by striking ``or who is claiming a premium tax credit or reduced cost-sharing,''; and (II) by striking ``sections 1312(f)(3), 1402(e), and 1412(d)'' and inserting ``section 1312(f)(3)''; (ii) in subsection (a), by striking paragraph (2); (iii) in subsection (b), by striking paragraphs (3) and (4); (iv) in subsection (e)-- (I) in paragraph (2), by amending subparagraph (A) to read as follows: ``(A) Eligibility for enrollment.--If information provided by an applicant under paragraphs (1) and (2) of subsection (b) is verified under subsections (c) and (d) the individual's eligibility to enroll through the Exchange shall be satisfied.''; and (II) in paragraph (4)(B), by striking clauses (ii) and (iii) and redesignating clause (iv) as clause (ii); (v) by striking subsection (f)(2); (vi) in subsection (g)(1)-- (I) by striking ``or for a premium tax credit or cost-sharing reduction'', and (II) by striking ``, determine eligibility, and determine the amount of the credit or reduction'' and inserting ``and determine eligibility''; and (vii) in subsection (g)(2) by striking ``or to claim a premium tax credit or cost-sharing reduction or the amount of the credit or reduction''; (L) in section 1413(e)(1) (42 U.S.C. 18083(e)(1)), by striking ``, including the premium tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402''; (M) by striking section 1415 (42 U.S.C. 18084); and (N) in section 2901 (25 U.S.C. 1623), by striking subsection (a). (5) Social security act.--Section 1943(b) of the Social Security Act (42 U.S.C. 1396w-3(b)) is amended-- (A) in paragraph (1)(C)-- (i) by striking ``and, if applicable, premium assistance'' and all that follows through ``section 1412 of the Patient Protection and Affordable Care Act),''; and (ii) by striking ``reduced cost-sharing for eligible individuals under section 1402 of the Patient Protection and Affordable Care Act, and any other'' and inserting ``any''; (B) in paragraph (1)(D), by striking ``, child health assistance, or premium assistance,'' and inserting ``or child health assistance,''; (C) by striking paragraph (2); and (D) in paragraph (4), by striking ``and who is eligible to receive premium credit assistance for the purchase of a qualified health plan under section 36B of the Internal Revenue Code of 1986''. SEC. 4. REPEAL OF EMPLOYER AND INDIVIDUAL MANDATES. (a) Employer Mandate.-- (1) In general.--Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H, and the table of sections for such chapter is amended by striking the item relating to section 4980H. (2) Information return.-- (A) Chapter 61 of such Code is amended by striking section 6056, and the table of sections for such chapter is amended by striking the item relating to section 6056. (B) Section 6724(d) of such Code is amended-- (i) in paragraph (1)(B) by inserting ``or'' at the end of clause (xxiii), by striking ``or'' at the end of clause (xxiv) and inserting ``and'', and by striking clause (xxv), and (ii) in paragraph (2) by inserting ``or'' at the end of subparagraph (FF), by striking ``or'' at the end of subparagraph (GG) and inserting ``and'', and by striking subparagraph (HH). (3) Patient protection and affordable care act conforming amendments.-- (A) Section 1332(a)(2)(D) of the Patient Protection and Affordable Care Act (as amended by section 3(d)(4)(H) of this Act) is amended by striking ``Sections 4980H'' and inserting ``Section''. (B) Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c). (b) Repeal of Individual Health Insurance Mandate.-- (1) In general.--Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any month beginning after December 31, 2013.''. (2) Conforming amendment.--Section 1311(d)(4) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(d)(4)) is amended by striking subparagraph (H). (c) Effective Date.--The amendments made by this section shall apply as if included in the respective sections the Patient Protection and Affordable Care Act to which such amendments relate.", "summary": "Federal Repeal of Expensive Exchanges Act or the FREE Act - Repeals provisions of the Internal Revenue Code and the Patient Protection and Affordable Care Act (PPACA) providing for: (1) a health insurance premium assistance tax credit and advance payments for credit amounts, (2) reductions in out-of-pocket health care expenses for certain low income taxpayers (cost-sharing) and advance payments of cost-sharing amounts, (3) the individual mandate to purchase health care coverage under PPACA, and (4) the employer mandate to provide health care coverage to employees under PPACA and the reporting requirements with respect to such mandate."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Stabilization Financing Demonstration Act 1994''. SEC. 101. GUARANTEED LOAN DEMONSTRATION PROGRAM. (a) In General.--In order to study the feasibility and desirability of a program of loan guarantees for economic growth and stabilization in communities facing economic distress, the Secretary is authorized to guarantee loans made to private borrowers by private lending institutions, community development financial institutions, and other lenders as the Secretary considers appropriate, except that the Secretary may guarantee loans less than $750,000 only if the borrower is not eligible for a loan guarantee under the Small Business Act. (b) Terms and Conditions.-- (1) In general.--The Secretary may make such guarantees upon application of the lenders and upon such terms and conditions as the Secretary may prescribe. (2) Presumption of validity.--Guarantees under paragraph (1) shall be conclusive evidence that the guarantee has been properly obtained, that the underlying loan qualifies for such guarantee, and that, but for fraud or material misrepresentation by the holder, such guarantee will be presumed to be valid, legal, and enforceable. (3) Lender responsibility.--No guarantee will be provided unless the lender is responsible and makes adequate provision for servicing the loan on reasonable terms and for protecting the financial interest of the United States. (c) Preferred Lender Preference.--To the extent feasible, the Secretary shall exercise the guarantee authority established under this section on a preferred lender basis and authorize lenders, in accordance with agreements entered into between the Secretary and such lenders, to take such actions on the Secretary's behalf as the Secretary deems appropriate, including, but not limited to, the determination of eligibility and credit worthiness and loan monitoring, collection and liquidation. (d) Target Subsidy Rate.--In exercising the loan guarantee authority provided under this section, the Secretary shall attempt to administer the program in a manner which results in a subsidy rate not to exceed approximately 6 percent of the amount of the overall loan guarantees. (e) Authorization of Appropriations.--Of the funds authorized to be appropriated under section 106, for purposes of this section there are authorized to be appropriated $50,000,000 per fiscal year to cover the costs (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees issued pursuant to subsection (b)(3) of such section. Such sums shall remain available until expended. SEC. 102. INTEREST RATE SUBSIDY DEMONSTRATION PROGRAM. (a) In General.--In order to study the feasibility and desirability of a program of interest rate subsidies for economic growth and stabilization in communities facing economic distress, the Secretary is authorized to pay interest rate subsidies to private lending institutions, community development financial institutions, and other lenders as the Secretary considers appropriate, for loans made to private borrowers. (b) Terms and Conditions.--The Secretary may pay interest rate subsidies upon application of the lenders and upon such terms and conditions as the Secretary may prescribe, except that no interest rate subsidy may be provided unless the lender is responsible and makes adequate provision for servicing the loan on reasonable terms and for protecting the financial interest of the United States. (c) Preferred Lender Preference.--To the extent feasible, the Secretary shall exercise the interest rate subsidy authority established under this section on a preferred lender basis and authorize lenders, in accordance with agreements entered into between the Secretary and such lenders, to take such actions on the Secretary's behalf as the Secretary deems appropriate, including, but not limited to, the determination of eligibility and credit worthiness and loan monitoring, collection and liquidation. SEC. 103. EQUITY FINANCE DEMONSTRATION PROGRAM. (a) In General.--In order to study the feasibility and desirability of a program of equity financing for economic growth and stabilization in communities facing economic distress, the Secretary is authorized to establish a demonstration program under which the Secretary may directly, or indirectly through grants to eligible intermediaries, purchase or commit to purchase warrants, subordinated debt, or nonvoting preferred securities of private United States businesses or nonprofit organizations and associations. (b) Establishment of Fund.--For purposes of conducting the program provided under subsection (a), the Secretary shall establish an Equity Investment Revolving Fund. (c) Disposal of Equity Instruments.--The Secretary shall endeavor to dispose of any financial instruments purchased or guaranteed under this section within a period of 10 years after their date acquisition of such interest. (d) Use of Payments.-- (1) Use of payments to the secretary.--Amounts received by the Secretary from the payment of dividends and the redemption of financial instruments acquired under this section shall be deposited in the Equity Investment Revolving Fund and shall, subject to appropriations, be available to make or guarantee additional investments consistent with this section. (2) Use of payments to eligible intermediaries.--Of the amounts received by eligible recipient intermediaries from the payment of dividends and the redemption of financial instruments acquired under this section-- (A) up to 50 percent may be retained by such eligible intermediaries to make or guarantee additional investments consistent with this section, and (B) no less than 50 percent shall be returned to the Secretary to be deposited into the Fund established under subsection (b) to make or guarantee additional investments consistent with this section. (e) Investment of Excess Funds.--If the Secretary determines that the amount of money in the Fund exceeds the current requirements of the Fund, the Secretary may direct the Secretary of the Treasury to invest such amounts in obligations of the United States, in obligations guaranteed by the United States Government, or in such other obligations or securities of the United States as the Secretary of the Treasury deems appropriate. Provided, however, that any subsequent use of monies so invested shall be subject to appropriations. SEC. 104. SECONDARY MARKET CREDIT ENHANCEMENT DEMONSTRATION PROGRAM. In order to study the feasibility and desirability of a program of providing credit enhancements to pools of financial instruments related to economic growth and stabilization activities in communities facing economic distress, the Secretary is authorized to establish a demonstration program under which the Secretary may provide credit enhancements to pools of financial instruments related to economic growth and stabilization activities in such areas. SEC. 105. PERFORMANCE EVALUATIONS; REPORT TO CONGRESS. (a) Performance Evaluations.--The Secretary shall conduct performance evaluations of each of the demonstration projects established under this Act to assess their effectiveness in promoting economic growth and stabilization in communities facing economic distress. (b) Annual Report.--Based on the evaluations conducted under subsection (a), the Secretary shall prepare and submit annually a report to the Congress containing a full and detailed account of operations under this Act. Such a report shall include-- (1) performance measures established under subsection (a); (2) an audit setting forth the amount, type, recipient, and source of disbursements, receipts, and losses sustained as a result of operations under this Act during the preceding fiscal year and since inception of the demonstration programs; and (3) recommendations with respect to program changes, statutory changes, and other matters to improve and facilitate the operations of the demonstration programs and to encourage the use of these programs by qualified concerns. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. For purposes of this Act, there are authorized to be appropriated $90,000,000 per fiscal year. Such sums shall remain available until expended. SEC. 107. SEPARABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to person or circumstance other than those as to which it is held invalid, shall not be affected thereby.", "summary": "Economic Growth and Stabilization Financing Demonstration Act 1994 - Prescribes guidelines under which the Secretary of Commerce may conduct demonstration programs in economically distressed communities to: (1) guarantee loans made by lending institutions to private parties; (2) pay interest rate subsidies; (3) implement an equity financing program; and (4) provide secondary market credit enhancements to pools of financial instruments related to economic growth and stabilization in such communities. Directs the Secretary to conduct performance evaluations and submit an annual status report to the Congress. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Laurie Beechman Ovarian Cancer Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of Laurie Beechman, her struggle against ovarian cancer, and her many accomplishments throughout her extraordinary life. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of ``1954-1998''; and (C) inscriptions of ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this Act shall bear the likeness of Laurie Beechman. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act as soon as is practicable. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1999. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $9 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to Gilda's Club, Incorporated, for purposes relating to the battle against ovarian cancer. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of Gilda's Club, Incorporated, as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.", "summary": "Laurie Beechman Ovarian Cancer Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 dollar coins emblematic of Laurie Beechman, her struggle against ovarian cancer, and her many accomplishments throughout her life. Requires prompt payment of all surcharges from coin sales to Gilda's Club, Incorporated, for purposes relating to the battle against ovarian cancer."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facilities Clean Water Compliance Act of 1993''. SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES. Section 313(a) of the Federal Water Pollution Control Act (33 U.S.C. 1323(a)) is amended by striking the third sentence and all that follows through the period at the end of the last sentence and inserting the following: ``The Federal, State, interstate, and local substantive and procedural requirements, administrative authority, and process and sanctions referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such requirement, administrative authority, and process and sanctions (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local water pollution regulatory program. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local water pollution law with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State water pollution law, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction.''. SEC. 3. FEDERAL FACILITY ENFORCEMENT. Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) Federal Facility Enforcement.-- ``(1) Compliance orders.-- ``(A) In general.--Whenever on the basis of any information available to him-- ``(i) the Administrator determines that any department, agency, or instrumentality of the United States has violated or is in violation of section 301, 302, 306, 307, 308, 311, 318, or 405 of this Act, or has violated or is in violation of any permit condition or limitation implementing any such section in a permit issued under section 402 of this Act by the Administrator or by a State, or in a permit issued under section 404 of this Act by a State, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of this Act; ``(ii) the Secretary of the Army determines that any department, agency, or instrumentality of the United States has violated or is in violation of any condition or limitation in a permit issued under section 404 of this Act; ``(iii) the Secretary of the department in which the Coast Guard is operating determines that any department, agency, or instrumentality of the United States has violated any provision of section 311 of this Act or any of its implementing regulations; the Administrator or Secretary, as applicable, may propose an order to assess a civil penalty for any past or current violation or require compliance immediately or within a specified time period, or both. ``(B) Required terms.--Any order issued under this subsection -- ``(i) by the Administrator may include a suspension or revocation of any permit issued by the Administrator or a State under sections 402 and 404 of this Act; and ``(ii) by the Secretary of the Army may include a suspension or revocation of any permit issued by the Secretary of the Army or a State under section 404 of this Act; and shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day for each violation. ``(2) Public hearing.--Any order under this section shall become final unless, not later than 30 days after the order is served, a Federal department, agency, or instrumentality of the United States named therein requests a public hearing. Upon such request, the Administrator or Secretary, as applicable, shall promptly conduct a public hearing. Such public hearing shall be conducted in accordance with section 554 of title 5, United States Code. In connection with any proceeding under this subsection, the Administrator or Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents and may promulgate rules for discovery procedures. ``(3) Violation of compliance orders.--If a violator fails to take corrective action within the time specified in an order issued under paragraph (1)-- ``(A) the Administrator or Secretary, as applicable, may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order; and ``(B)(i) the Administrator may suspend or revoke any permit issued pursuant to section 402 or 404 of this Act which is the subject of the order, whether issued by the Administrator or the State; and ``(ii) the Secretary of the Army may suspend or revoke any permit issued pursuant to section 404 of this Act, whether issued by the Secretary of the Army or a State. ``(4) Determination of amount of penalty.--In determining the amount of any penalty assessed under this subsection, the Administrator or Secretary, as the case may be, shall consider the seriousness of each violation or violations, the violator's economic benefit or savings (if any) resulting from each violation, any history of prior violations, any good-faith efforts to avoid noncompliance or to comply with the applicable requirements, the violator's ability to pay the penalty, and such other matters in mitigation and aggravation as justice may require. ``(5) Limitation on actions and right of intervention.--Any violation with respect to which the Administrator or the Secretary, as applicable, has commenced and is diligently prosecuting an action under this subsection, or for which the Administrator or the Secretary has issued a final order and the violator has paid a penalty assessed under this subsection, shall not be the subject of a civil enforcement action under section 505 of this Act. In any action under this subsection, any citizen may intervene as a matter of right. ``(6) Penalty fund.--Penalties received under this subsection shall be deposited into a special fund in the United States Treasury for licensing and other services. Amounts in the fund are authorized to be appropriated and shall remain available until expended for allocation by the Administrator to finance water remediation and other restorative and preventive projects at Federal facilities. The Administrator shall annually report to Congress about the sums deposited into the fund, the sources thereof, and the allocations thereof.''. SEC. 4. DEFINITION OF PERSON. (a) General Definitions.--Section 502(5) of the Federal Water Pollution Control Act (33 U.S.C. 1362(5)) is amended by inserting before the period at the end the following: ``and includes any department, agency, or instrumentality of the United States''. (b) Oil and Hazardous Substance Liability Program.--Section 311(a)(7)) of such Act (33 U.S.C. 1321(a)(7) is amended by inserting before the semicolon at the end the following: ``and any department, agency, or instrumentality of the United States''. SEC. 5. DEFINITION OF RADIOACTIVE MATERIAL. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(21) The term `radioactive materials' includes source materials, special nuclear materials, and byproduct materials (as such terms are defined under the Atomic Energy Act of 1954) which are used, produced, or managed at facilities not licensed by the Nuclear Regulatory Commission.''.", "summary": "Federal Facilities Clean Water Compliance Act of 1993 - Amends the Federal Water Pollution Control Act to waive immunity of the United States with respect to Federal, State, interstate, and local requirements, administrative authorities, sanctions, and penalties concerning water pollution control. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Permits the imposition of civil penalties or the issuance of compliance orders against Federal agencies determined to be in violation of specified water pollution control or permit requirements. Authorizes the suspension or revocation of permits. Provides for the deposit of penalties into a fund to be used for water remediation and other restorative and preventive projects at Federal facilities. Includes Federal agencies within the definition of \"person\" for purposes of such Act."}
{"article": "SECTION 1. AMENDMENT OF THE BRADY HANDGUN VIOLENCE PREVENTION ACT. (a) Section 922 of Title 18, United States Code.--Section 922 of title 18, United States Code, as added by the Brady Handgun Violence Prevention Act, is amended-- (1) in subsection (s)(1) by striking ``ending on the day before the date that is 60 months after such date of enactment,'' and inserting ``ending either on the day before the date that is 48 months after such date of enactment, unless the Attorney General extends the date by 12 additional months, or on the day that the Attorney General notifies the licensees under section 103(e)(1) of the Brady Handgun Violence Prevention Act, whichever occurs earlier,''; and (2) by amending subsection (t) to read as follows: ``(t)(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(e)(1) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, and upon notification by the Attorney General to licensees that the system is operational and capable of supplying information immediately (during which 30-day period subsection (s) shall remain in effect), a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless-- ``(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act; ``(B)(i) the system provides the licensee with a unique identification number; or ``(ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State law; and ``(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d)(1) of this title) of the transferee containing a photograph of the transferee. ``(2) If receipt of a firearm would not violate section 922 (g) or (n) or State law, the system shall immediately ``(A) assign a unique identification number to the transfer; ``(B) provide the licensee with the number; and ``(C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer. ``(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if-- ``(A)(i) such other person has presented to the licensee a permit that-- ``(I) allows such other person to possess, acquire, or carry a firearm; and ``(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and ``(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law; ``(B) the Secretary has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or ``(C) on application of the transferor, the Secretary has certified that compliance with paragraph (1)(A) is impracticable because-- ``(i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; ``(ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer (as defined in subsection (s)(8)); and ``(iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. ``(4) If the national instant criminal background check system notifies the licensee that the information available to the system does not demonstrate that the receipt of a firearm by such other person would violate subsection (g) or (n) or State law, and the licensee transfers a firearm to such other person, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer. ``(5) If the licensee knowingly transfers a firearm to such other person and knowingly fails to comply with paragraph (1) of this subsection with respect to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State law, the Secretary may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 923, and may impose on the licensee a civil fine of not more than $5,000. ``(6) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages-- ``(A) for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section; or ``(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm.''. (b) National Instant Criminal Background Check System.--Section 103 of the Brady Handgun Violence Prevention Act is amended to read as follows: ``SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. ``(a) Determination of Timetables.--Not later than 6 months after the date of enactment of this Act, the Attorney General shall-- ``(1) determine the type of computer hardware and software that will be used to operate the national instant criminal background check system and the means by which State criminal records systems and the telephone or electric device of licensees that will communicate with the national system; ``(2) investigate the criminal records system of each State and determine for each State a timetable by which the State should be able to provide criminal records on an on-line capacity basis to the national system; and ``(3) notify each State of the determinations made pursuant to paragraphs (1) and (2). ``(b) Establishment of System.-- ``(1) Determinations.--Not later than the date that is 24 months after the date of enactment of this Act, the Attorney General shall-- ``(A) determine whether-- ``(i) the equipment used to link State criminal history records systems to the national criminal history records system and the equipment necessary to operate the national instant criminal background check system are operational; and ``(ii) any group of States that-- ``(I) have at least 80 percent of the population of the United States; and ``(II) have reported during a 12- month period at least 80 percent of the number of crimes of violence reported by all of the States during that period, have achieved and maintained at an average of at least 60 percent currency of felony case dispositions in computerized criminal history files for all cases in which there has been an event or activity within the last 5 years; and ``(B) if such determinations are made in the affirmative, certify that the national system is established. ``(2) Establishment.--The Attorney General shall establish a national instant criminal background check system that any licensee may contact, by telephone and by other electronic means in addition to the telephone, for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate section 922 of title 18, United States Code, or State law. ``(c) Expedited Action by the Attorney General.--The Attorney General shall expedite-- ``(1) the upgrading and indexing of State criminal history records in the Federal criminal records system maintained by the Federal Bureau of Investigation; ``(2) the development of hardware and software systems to link State criminal history check systems into the national instant criminal background check system established by the Attorney General pursuant to this section; and ``(3) the current revitalization initiatives by the Federal Bureau of Investigation for technologically advanced fingerprint and criminal records identification. ``(d) Notification of Licensees.-- ``(1) System established.--On establishment of the system under this section, the Attorney General shall notify each licensee and the chief law enforcement officer of each State of the existence and purpose of the system and the means to be used to contact the system. ``(2) Compliance with timetable.--At any time at which the Attorney General determines that a State is in compliance with the timetable set for that State under section (a), the Attorney General shall notify each licensee in the State and the chief law enforcement officer of the State of the determination. ``(e) Administrative Provisions.-- ``(1) Authority to obtain official information.-- Notwithstanding any other law, the Attorney General may secure directly from any department or agency of the United States such information on persons for whom receipt of a firearm would violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law as is necessary to enable the system to operate in accordance with this section. On request of the Attorney General, the head of such department or agency shall furnish such information to the system. ``(2) Other authority.--The Attorney General shall develop such computer software, design and obtain such telecommunications and computer hardware, and employ such personnel, as are necessary to establish and operate the system in accordance with this section. ``(f) Written Reasons Provided on Request.--If the national instant criminal background check system determines that an individual is ineligible to receive a firearm and the individual requests the system to provide the reasons for the determination, the system shall provide such reasons to the individual, in writing, within 5 business days after the date of the request. ``(g) Correction of Erroneous System Information.--A prospective transferee may submit to the Attorney General information that to correct, clarify, or supplement records of the system with respect to the prospective transferee. After receipt of such information, the Attorney General shall immediately consider the information, investigate the matter further, and correct all erroneous Federal records relating to the prospective transferee and give notice of the error to any Federal department or agency or any State that was the source of such erroneous records. ``(h) Regulations.--After 90 days' notice to the public and an opportunity for hearing by interested parties, the Attorney General shall prescribe regulations to ensure the privacy and security of the information of the system established under this section. ``(i) Prohibition Relating To Establishment of Registration Systems With Respect to Firearms.--No department, agency, officer, or employee of the United States may-- ``(1) require that any record or portion thereof generated by the system established under this section be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or ``(2) use the system established under this section to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons, prohibited by section 922 (g) or (n) of title 18, United States Code, or State law from receiving a firearm. ``(j) Definitions.--As used in this section: (1) Licensee.--The term ``licensee'' means a licensed importer (as defined in section 921(a)(9) of title 18, United States Code), a licensed manufacturer (as defined in section 921(a)(10) of that title), or a licensed dealer (as defined in section 921(a)(11) of that title). ``(2) Other terms.--The terms ``firearm'', ``handgun'', ``licensed importer'', ``licensed manufacturer'', and ``licensed dealer'' have the meanings stated in section 921(a) of title 18, United States Code, as amended by subsection (a)(2). ``(k) Authorization of Appropriations.--There are authorized to be appropriated, which may be appropriated from the Violent Crime Reduction Trust Fund established by section 1115 of title 31, United States Code, such sums as are necessary to enable the Attorney General to carry out this section.''. (c) Notification of Adjudications of Persons as Mental Defectives and Commitments to Mental Institutions.--Section 503(a) of title I of the Omnibus Safe Streets and Crime Control Act of 1968 (42 U.S.C. 3753(a)) is amended by adding at the end the following new paragraph: ``(12) A certification that the State has established a plan under which the State will provide to the Department of Justice, without fee-- ``(A) within 30 days after the date on which any person in the State is adjudicated as a mental defective or committed to a mental institution, notice of the adjudication or commitment; and ``(B) within 30 days after the date on which the Department of Justice requests it, a copy of the certified record of the adjudication or commitment.''.", "summary": "Amends the Brady Handgun Violence Prevention Act to: (1) shorten to 48 months the period that a five-day waiting period and background check are to be imposed pending establishment of a national instant criminal background check system (system) for handgun transfers; and (2) provide that system check requirements shall not apply until notification by the Attorney General to licensees that the system is operational and capable of supplying information immediately. Makes the latter provision inapplicable to a firearm transfer between a licensee and another person who has presented a firearm permit meeting certain conditions. Directs the Attorney General to: (1) establish the system within 24 (currently, 60) months after the enactment of such Act; and (2) notify each licensee in, and the chief law enforcement officer of, a State at any time of a determination that the State is in compliance with the timetable set for that State. Authorizes a prospective transferee to submit to the Attorney General information to correct, clarify, or supplement records of the system with respect to the prospective transferee. Requires the Attorney General to immediately consider the information, to investigate further, and to correct erroneous information and give notice of the error to any Federal department or agency or any State that was the source of such records. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include among State application requirements for drug control and system improvement grants a certification that the State has established a plan under which the State will provide the Department of Justice with notification of adjudications of persons as mental defectives and of commitments to mental institutions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013''. SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES. The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. (27) For the expansion of a community-based outpatient clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200. SEC. 3. BUDGETARY TREATMENT OF DEPARTMENT OF VETERANS AFFAIRS MAJOR MEDICAL FACILITIES LEASES. (a) Findings.--Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A-11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A-11 requires the Department of Veterans Affairs to record up-front budget authority in an ``amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs''. (b) Requirement for Obligation of Full Cost.--Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 of title 31, United States Code, as the full cost of the contractual obligation at the time a contract is executed either-- (1) an amount equal to total payments under the full term of the lease; or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (c) Transparency.-- (1) Compliance.--Subsection (b) of section 8104 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A-11 and section 1341 of title 31 (commonly referred to as the `Anti-Deficiency Act'). Any such analysis shall include-- ``(A) an analysis of the classification of the lease as a `lease-purchase', `capital lease', or `operating lease' as those terms are defined in Office of Management and Budget Circular A-11; ``(B) an analysis of the obligation of budgetary resources associated with the lease; and ``(C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease.''. (2) Submittal to congress.--Such section 8104 is further amended by adding at the end the following new subsection: ``(h)(1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives-- ``(A) notice of the Secretary's intention to enter into the lease; ``(B) a copy of the proposed lease; ``(C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and ``(D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A-11. ``(2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. ``(3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph.''. (d) Rule of Construction.--Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. SEC. 4. BUDGETARY EFFECTS OF THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, as long as such statement has been submitted prior to the vote on passage of this Act. Passed the House of Representatives December 10, 2013. Attest: KAREN L. HAAS, Clerk.", "summary": "Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to carry out specified major medical facility leases (leases) in New Mexico, New Jersey, South Carolina, Georgia, Hawaii, Kansas, Louisiana, Florida, Puerto Rico, Texas, California, Connecticut, Massachusetts, Missouri, Tennessee, Illinois, Nebraska, Arizona, and Oklahoma. Directs the Secretary, in exercising the authority to enter into such leases, to record as the full cost of the contractual obligation at the time a contract is executed either: (1) the amount of total payments under the full lease term; or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first-year payments plus the specified cancellation costs. Requires the funding prospectus of a proposed lease to include a detailed analysis of how the lease is expected to comply with Office of Management and Budget (OMB) Circular A-11 (which provides guidance to federal agencies in meeting statutory requirements for disclosure of the full costs of contracts or leases) and the Anti-Deficiency Act, including an analysis of: (1) the classification of the lease as a lease-purchase, capital lease, or operating lease; (2) the obligation of budgetary resources associated with the lease; and (3) the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. Directs the Secretary, at least 30 days before entering into a lease, to submit to the congressional veterans committees: (1) notice of the intention to enter into, and a copy of, such lease; (2) a description and analysis of any differences between the lease prospectus submitted and the proposed lease; and (3) a scoring analysis demonstrating that the proposed lease fully complies with OMB Circular A-11. Requires the Secretary, no more than 30 days after entering into a lease, to report any material differences between the proposed lease and the lease entered."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Homes, Small Businesses, and Private Property Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) The protection of homes, small businesses, and other private property rights against government seizures and other unreasonable government interference is a fundamental principle and core commitment of our Nation's Founders. (2) As Thomas Jefferson wrote on April 6, 1816, the protection of such rights is ``the first principle of association, the guarantee to every one of a free exercise of his industry, and the fruits acquired by it''. (3) The Fifth Amendment of the United States Constitution specifically provides that ``private property'' shall not ``be taken for public use without just compensation''. (4) The Fifth Amendment thus provides an essential guarantee of liberty against the abuse of the power of eminent domain, by permitting government to seize private property only ``for public use''. (5) On June 23, 2005, the United States Supreme Court issued its decision in Kelo v. City of New London, No. 04-108. (6) As the Court acknowledged, ``it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B'', and that under the Fifth Amendment, the power of eminent domain may be used only ``for public use''. (7) The Court nevertheless held, by a 5-4 vote, that government may seize the home, small business, or other private property of one owner, and transfer that same property to another private owner, simply by concluding that such a transfer would benefit the community through increased economic development. (8) The Court's decision in Kelo is alarming because, as Justice O'Connor accurately noted in her dissenting opinion, joined by the Chief Justice and Justices Scalia and Thomas, the Court has ``effectively . . . delete[d] the words `for public use' from the Takings Clause of the Fifth Amendment'' and thereby ``refus[ed] to enforce properly the Federal Constitution''. (9) Under the Court's decision in Kelo, Justice O'Connor warns, ``[t]he specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory''. (10) Justice O'Connor further warns that, under the Court's decision in Kelo, ``[a]ny property may now be taken for the benefit of another private party'', and ``the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result''. (11) As an amicus brief filed by the National Association for the Advancement of Colored People, AARP, and other organizations noted, ``[a]bsent a true public use requirement the takings power will be employed more frequently. The takings that result will disproportionately affect and harm the economically disadvantaged and, in particular, racial and ethnic minorities and the elderly''. (12) It is appropriate for Congress to take action, consistent with its limited powers under the Constitution, to restore the vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of the power of eminent domain. (13) It would also be appropriate for States to take action to voluntarily limit their own power of eminent domain. As the Court in Kelo noted, ``nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power''. SEC. 3. PROTECTION OF HOMES, SMALL BUSINESSES, AND OTHER PRIVATE PROPERTY RIGHTS. (a) In General.--The power of eminent domain shall be available only for public use. (b) Public Use.--In this Act, the term ``public use'' shall not be construed to include economic development. (c) Application.--This Act shall apply to-- (1) all exercises of eminent domain power by the Federal Government; and (2) all exercises of eminent domain power by State and local government through the use of Federal funds.", "summary": "Protection of Homes, Small Businesses, and Private Property Act of 2005 - Declares that the power of eminent domain shall be available only for public use, which shall not be construed to include economic development. Applies such limitation to all exercises of eminent domain by the federal government or by state and local governments through the use of federal funds."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Highways and Infrastructure Preservation Act of 1997''. SEC. 2. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS. (a) Prohibition on Operation of Certain Cargo-Carrying Units.-- Section 411 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311) is amended-- (1) by striking the section heading and all that follows through ``(a) Except'' and inserting the following: ``SEC. 411. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS. ``(a) State Requirements.-- ``(1) In general.--Except''; (2) by moving the remaining portion of paragraph (1) of subsection (a), as designated by paragraph (1) of this subsection, 2 ems to the right; and (3) by adding at the end of subsection (a) the following: ``(2) Prohibition on operation of certain cargo-carrying units.-- ``(A) General rule.--No State shall register for operation on any segment of the Interstate System and those classes of qualifying National Highway System highways as designated by the Secretary any trailer, semi-trailer, container, or other cargo-carrying unit that is longer than 53 feet, except as provided by subparagraph (B). ``(B) Exceptions.--The following shall not be subject to the requirement of subparagraph (A): ``(i) Any trailer, semi-trailer, container, or other cargo carrying unit that is manufactured before the expiration of the 1- year period beginning on the date of the enactment of this paragraph. ``(ii) Any trailer, semi-trailer, container, or other cargo-carrying unit that is used exclusively for fire-fighting. ``(C) Limitation on statutory construction.--Nothing in this paragraph shall be construed to affect the laws of any State applicable to any trailer, semi-trailer, container, or other cargo-carrying unit that is less than 53 feet in length.''. (b) Repeal.--The 3d sentence of section 411(b) of such Act is repealed. (c) Conforming Amendments.--Section 411 of such Act is amended-- (1) by striking ``subsection (a) of this section'' each place it appears and inserting ``subsection (a)(1) of this section''; and (2) in subsection (d) by striking ``subsections (a)'' and inserting ``subsections (a)(1)''. (d) Enforcement.--The 2d sentence of section 141(b) of title 23, United States Code, is amended-- (1) by striking ``section 411(j)'' and inserting ``subsections (a)(2) and (j) of section 411''; and (2) by striking ``2311(j)'' and inserting ``2311''. SEC. 3. TERMINATION OF DETERMINATIONS OF GRANDFATHER RIGHTS. (a) In General.--Section 127 of title 23, United States Code, is amended by adding at the end the following: ``(h) Grandfather Rights.-- ``(1) General rule.--No State shall allow the operation of any vehicle or combination (other than longer combination vehicles) not in conformance with the Interstate weight limits, unless such operation is on the list published pursuant to paragraph (2). ``(2) List of vehicles or combinations.-- ``(A) Proceeding.--Not later than 60 days after the date of the enactment of this subsection, the Secretary shall initiate a proceeding to determine and publish a list of vehicles or combinations (other than longer combination vehicles), otherwise not in conformance with the Interstate weight limits, that the Department of Transportation or any other Federal agency or a State has determined before January 1, 1997, could be lawfully operated within such State on July 1, 1956 (except in the case of the overall gross weight of any group of 2 or more consecutive axles, on the date of the enactment of the Federal-Aid Highway Amendments of 1974). ``(B) Limitation.--No operation of any vehicle or combination (other than a longer combination vehicle) shall be included on the list published pursuant to subparagraph (A) on the basis that a State law or regulation could have authorized such operation at some prior date by permit or otherwise. ``(C) Publication of final list.--Not later than 270 days after the date of the enactment of this subsection, the Secretary shall publish a final list of vehicles or combinations described in subparagraph (A). ``(3) Limitation on statutory construction.--Nothing in this subsection shall be construed to prevent a State from reducing the State's gross vehicle weight limitation or the State's single or tandem axle weight limitations on the Interstate System for operations on the list published pursuant to paragraph (2) but in no event shall any such reduction fall below weight limits referred to in subsection (a). ``(4) Applicability of existing requirements.--All vehicles or combinations included on the list published pursuant to paragraph (2) shall be subject to all routing-specific, commodity-specific, and weight-specific designations in force in a State before January 1, 1997.''. (b) Conforming Amendment.--The 4th sentence of section 127(a) of such title is amended by striking ``the State determines''. SEC. 4. NONDIVISIBLE LOAD PROCEEDING. Section 127 of title 23, United States Code, is further amended by adding at the end the following: ``(i) Nondivisible Loads.-- ``(1) Proceeding.--Not later than 60 days after the date of the enactment of this subsection, the Secretary shall initiate a proceeding to determine the meaning of the term `vehicles and loads which cannot be easily dismantled or divided' as used in subsection (a), including a commodity-specific definition of such term. ``(2) Regulations.--Not later than 270 days after the date of the enactment of this subsection, the Secretary shall issue final regulations setting forth the determination of the Secretary made pursuant to subparagraph (A). Such regulations shall apply to all loads operating on the National Highway System. A State may establish other requirements not inconsistent with such regulations. ``(j) Statement of Policy.--The policy of this title is to promote conformity with the Interstate weight limits for the benefit and safety of all motorists. ``(k) Interstate Weight Limits Defined.--For purposes of subsections (h), (i), and (j), the term `Interstate weight limits' means the 80,000 pound gross vehicle weight limitation, the 20,000 pound single axle weight limitation (including enforcement tolerances), the 34,000 pound tandem axle weight limitation (including enforcement tolerances), and the overall maximum gross weight (including enforcement tolerances) on a group of 2 or more consecutive axles produced by application of the Bridge Formula B in subsection (a).''. SEC. 5. WEIGHT LIMITATIONS. (a) In General.--Title 23, United States Code, is amended by inserting after section 127 the following: ``Sec. 127a. Gross vehicle weight and axle loading limitations on non- Interstate highways on the National Highway System ``(a) Non-Interstate Highways on NHS.--The gross vehicle weight limitations and axle loading limitations applicable to all vehicles and combinations on any non-Interstate highway on the National Highway System in existence on the date of the enactment of this section, shall be the gross vehicle weight and axle loading limitations (including enforcement tolerances) set by State statute as of January 1, 1997, on the non-Interstate highway on the National Highway System in the State in which such non-Interstate highway is located, except as provided by subsection (c). The gross vehicle weight limitations and axle loading limitations applicable to all vehicles and combinations on any segment of any non-Interstate highway on the National Highway System not in existence on the date of the enactment of this section, shall be the Interstate weight limits. ``(b) Proceeding To Publish List of State Limitations.--The Secretary shall initiate a proceeding to determine and publish a list of the States' gross vehicle weight limitations and axle loading limitations as of January 1, 1997, applicable to non-Interstate highways on the National Highway System. The Secretary shall publish a final list not later than 180 days after the date of the enactment of this section. ``(c) Proceeding To Publish List of Nonconforming Operations.--The Secretary shall initiate a proceeding to determine and publish a list of operations not in conformance with State gross vehicle weight limitations and axle loading limitations applicable to all vehicles and combinations on any non-Interstate highways on the National Highway System in existence on the date of the enactment of this section, of such State before January 1, 1997, and which were in actual and lawful operation on a regular or periodic basis (including seasonal operations) before January 1, 1997. The Secretary shall publish a final list of such operations not later than 180 days after the date of the enactment of this section. No operation of any vehicle or combination shall be on the Secretary's list on the basis that a State law or regulation could have authorized such operations at some prior date, by permit or otherwise. ``(d) Applicability of Existing Requirements.--All vehicles or combinations included on the Secretary's list provided for in subsection (c) shall be subject to all routing-specific, commodity- specific, and weight-specific designations in force in a State on December 31, 1996. ``(e) Applicability.--The limitations established by subsection (a) shall apply to any new designations made to the National Highway System and remain in effect on those non-Interstate highways that cease to be designated as part of the National Highway System. ``(f) Limitation on Statutory Construction.--Nothing in this section shall be construed to prevent any State from reducing the State's gross vehicle weight limitation or the State's single or tandem axle weight limitations on any existing non-Interstate highway on the National Highway System. ``(g) Interstate Weight Limits Defined.--For purposes of this section, the term `Interstate weight limits' means the 80,000 pound gross vehicle weight limitation, the 20,000 pound single axle weight limitation (including enforcement tolerances), and the 34,000 pound tandem axle weight limitation (including enforcement tolerances).''. (b) Enforcement of Requirements.--Section 141(a) of such title is amended by striking ``section 127(d)'' and inserting ``sections 127 and 127a''. (c) Conforming Chapter Analysis Amendment.--The analysis for chapter 1 of such title is amended by inserting after the item relating to section 127 the following: ``127a. Gross vehicle weight and axle loading limitations on non- Interstate highways on the National Highway System.''.", "summary": "Safe Highways and Infrastructure Preservation Act of 1997 - Amends the Surface Transportation Assistance Act of 1982 to revise length limitations on federally-assisted highways to prohibit States from allowing the operation on highways of the Interstate System and the National Highway System of any trailer, semi-trailer, container, or other cargo-carrying unit that is longer than 53 feet, with specified exceptions. Amends Federal highway law to terminate all current State (grandfathered) exceptions to Interstate vehicle weight limits, unless the vehicle or combination involved is on a list of vehicles and combinations which could be lawfully operated in the State on July 1, 1956. Directs the Secretary of Transportation to issue regulations, in order to promote conformity with Interstate weight limits for the safety of all motorists, defining the term \"vehicles and loads which cannot be easily dismantled or divided\" (nondivisible loads), which shall apply to all loads operating on the National Highway System. Sets forth gross vehicle weight and axle loading limits on non-Interstate highways on the National Highway System."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Full Employment Opportunity and Infrastructure Improvement Act of 1994''. SEC. 2. PUBLIC WORKS AND PUBLIC SERVICE JOB TRAINING PROGRAM. (a) In General.--The Job Training Partnership Act (29 U.S.C. 1501 et seq.) (in this Act referred to as ``the Act'') is amended by adding at the end the following new title: ``TITLE VIII--PUBLIC WORKS AND PUBLIC SERVICE JOB TRAINING PROGRAM ``SEC. 801. FINDINGS AND PURPOSES. ``(a) Findings.--The Congress finds that-- ``(1) restoring the competitiveness and enhancing the productivity of the United States will require that all workers possess basic job and educational skills; and ``(2) an investment in human capital will have a substantial impact on increasing productivity in the United States. ``(b) Purposes.--The purposes of this title are to establish a public works and public service job training program designed-- ``(1) to provide on-the-job training opportunities for hard-to-employ individuals; and ``(2) to improve infrastructure and public sector service delivery. ``SEC. 802. ALLOTMENT AND ALLOCATION. ``(a) Allotment to States.--Of the amount appropriated under section 3(g) for each fiscal year and available to carry out this title, the Secretary shall allot such amount to the States for allocation to service delivery areas within each State. ``(b) Allocation to Service Delivery Areas.--Of the amount allotted to a State under subsection (a) for a fiscal year, the Governor shall allocate such amount to service delivery areas in such State in accordance with the criteria contained in subparagraphs (A) through (C) of section 202(b)(1). ``(c) Reallotment.-- ``(1) In general.--Not later than 60 days after the end of each program year, the Secretary shall, in accordance with the requirements of this subsection, reallot to eligible States amounts appropriated for such program year that are available for reallotment under paragraph (2). ``(2) Amount.--The amount available for reallotment is equal to the amount by which the unobligated balance of the State allotment under subsection (a) for all States at the end of the program year prior to the program year for which the determination under this subsection is made exceeds 20 percent of such allotment for that prior program year. ``(3) Eligible states defined.--For purposes of this subsection, the term `eligible States' means States that demonstrate progress toward achieving the objectives of this title and that require additional funds in order to accomplish such objectives, as determined by the Secretary. ``SEC. 803. USE OF FUNDS. ``(a) In General.--A service delivery area shall use amounts allocated under section 802 to establish a public works and public service job training program under which eligible individuals participate in job projects in accordance with this title. ``(b) Conduct of Program.--In carrying out the program established under subsection (a), the service delivery area shall-- ``(1) prepare a plan for the establishment and conduct of job projects pursuant to criteria prescribed by the Secretary; ``(2) submit such plan to the Secretary for review and approval; ``(3) provide for an objective assessment of the skill levels and service needs of each participant to determine the appropriate job project for each such participant; ``(4) provide participants with limited English speaking ability such instruction as the service delivery area considers appropriate; ``(5) use objective measures to monitor the success or failure of the participant in the job project and maintain records on each participant; ``(6) conduct outreach activities to attract eligible individuals; ``(7) provide pre-employment skills and work responsibility training; ``(8) provide each participant with-- ``(A) information about and referrals to pre- college and adult continuing education and related training programs; ``(B) appropriate social services, including information relating to educational programs; and ``(C) information about programs and services provided by the State apprenticeship council; ``(9) establish a job counseling and job placement service to assist each participant in obtaining employment upon completion of the job project, including the training-related placement of minorities in nontraditional employment and apprenticeships; and ``(10) prepare and submit an annual report to the Secretary on the activities of the service delivery area with respect to the program. ``(c) Job Project Requirements.--Each job project shall meet the following requirements: ``(1) Each job project shall be capable of completion within 24 months. ``(2) Each job project shall provide for on-the-job training and employment of eligible individuals, including the training of minorities in nontraditional employment. ``(3) A participant who has not received a high school diploma or its equivalent shall, in order to continue employment in the project, maintain satisfactory progress toward receiving a high school diploma or its equivalent. ``(d) Personnel.--A service delivery area shall-- ``(1) employ an administrator and support personnel sufficient to carry out the program established under subsection (a); and ``(2) select a project manager for each job project assisted under this title, in accordance with criteria established by the Secretary. ``(e) Progress Reports.--The administrator shall prepare and submit to the private industry council of the service delivery area monthly progress reports on the job projects. ``(f) Administrative Costs.--Not more than 10 percent of amounts allocated under section 802 to a service delivery area for a fiscal year may be used for administrative expenses in carrying out the program established under subsection (a). ``(g) Criteria Relating to Profit or Loss of Employers.--The Secretary shall develop criteria to be used by each private industry council to evaluate the projected profit or loss of an employer with respect to a job project carried out by such employer. ``(h) Job Project Defined.--For purposes of this title, the term `job project' means-- ``(1) the construction, renovation, repair, or other improvement, and maintenance of a public building or other public facility (including a surface transportation, aviation, water resources, solid waste management, or drinking water facility) with commercial, industrial, public, service, or other value, or ``(2) work in such fields as environmental quality, health care, education, public safety, crime prevention and control, prison rehabilitation, transportation, recreation, maintenance of parks, streets, and other public facilities, solid waste removal, pollution control, housing and neighborhood improvements, rural development, conservation, beautification, and other fields of human betterment and community improvement, that will be carried out by a public agency or a private nonprofit organization and would not otherwise be conducted with existing funds. ``SEC. 804. ELIGIBLE INDIVIDUALS. ``(a) In General.--Subject to the limitations in subsection (b), an individual shall be eligible to participate in a job project under this title if such individual-- ``(1)(A) has a high school diploma or its equivalent; or ``(B) is enrolled in a program which leads to a high school diploma or its equivalent and is making substantial progress toward such diploma or equivalent; ``(2) is at least 18 years of age; ``(3) has resided in the service delivery area for at least 60 consecutive days prior to applying for employment under the job project; and ``(4)(A) has been unemployed for at least 35 consecutive days prior to applying for such employment; ``(B) sought employment during such 35-day period; and ``(C) provides assurances that he or she will continue to seek employment during the last 6 months of the job project. ``(b) Limitations.-- ``(1) Maximum income.--An individual whose income from all sources for the year preceding the year in which the determination of employment under the job project is made is equal to or greater than 150 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) shall not be eligible to participate in a job project under this title. ``(2) Retirement benefits.--An individual eligible for retirement benefits under the Social Security Act (42 U.S.C. 301 et seq.), under any retirement system for Federal Government employees, under the railroad retirement system, under the military retirement system, or under any private pension program shall not be eligible to participate in a job project under this title. ``SEC. 805. WAGES AND BENEFITS AND SUPPORTIVE SERVICES. ``(a) Wages and Benefits.--Notwithstanding section 141(k), each participant in a job project under this title shall receive the following: ``(1) Wages in an amount equal to-- ``(A) the wages described in section 143(d) with respect to laborers and mechanics described in such section; or ``(B) in cases where subparagraph (A) does not apply, wages equal to the higher of-- ``(i) the minimum wage established under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); or ``(ii) the minimum wage established under the applicable State minimum wage law. ``(2) Benefits and employment conditions comparable to the benefits and conditions provided to other employees employed in similar occupations by a comparable employer, as determined by the private industry council. ``(b) Supportive Services.--Each service delivery area shall make available to each participant in a job project under this title appropriate supportive services to enable a participant to work. ``SEC. 806. WAIVER AUTHORITY. ``The service delivery area may waive the education requirement under section 803(c)(3) with respect to a participant in a job project. ``SEC. 807. LINKAGES. ``In carrying out the program under this title, each service delivery area shall establish appropriate linkages with other appropriate programs, including programs under titles II and III and any other provision of this Act, to avoid duplication and enhance the delivery of services.''. (b) Authorization of Appropriations.--Section 3 of the Act (29 U.S.C. 1502) is amended by adding at the end the following new subsection: ``(g) There are authorized to be appropriated such sums as may be necessary to carry out title VIII.''. (c) Conforming Amendment.--The table of contents of the Act is amended by adding at the end the following new items: ``TITLE VIII--PUBLIC WORKS AND PUBLIC SERVICE JOB TRAINING PROGRAM ``Sec. 801. Findings and purposes. ``Sec. 802. Allotment and allocation. ``Sec. 803. Use of funds. ``Sec. 804. Eligible individuals. ``Sec. 805. Wages and benefits and supportive services. ``Sec. 806. Waiver authority. ``Sec. 807. Linkages.''. SEC. 3. REQUIREMENT THAT STATE APPRENTICESHIP COUNCIL REPRESENTATIVE BE MEMBER OF PRIVATE INDUSTRY COUNCIL. Paragraph (3) of section 102(a) of the Act (29 U.S.C. 1512(a)(3)) is amended by adding at the end the following new subparagraph: ``(F) The State apprenticeship council.''.", "summary": "Full Employment Opportunity and Infrastructure Improvement Act of 1994 - Amends the Job Training Partnership Act to establish a public works and public service job training program. Sets forth provisions for allotment to States, allocation to service delivery areas, program conduct and project requirements, individual eligibility, wages, benefits, and supportive services, waiver of education requirements, and linkages to other programs. Requires that private industry councils include representatives of the State apprenticeship council."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Overdoses While in Emergency Departments Act of 2018''. SEC. 2. PROGRAM TO SUPPORT EMERGENCY DEPARTMENT DISCHARGE AND CARE COORDINATION FOR DRUG OVERDOSE PATIENTS. (a) In General.--The Secretary of Health and Human Services shall establish a program (referred to in this Act as the ``Program'') to develop protocols for discharging patients who have presented with a drug overdose and enhance the integration and coordination of care and treatment options for individuals with substance use disorder after discharge. (b) Grant Establishment and Participation.-- (1) In general.--In carrying out the Program, the Secretary shall award grants on a competitive basis to not more than 20 eligible health care sites described in paragraph (2). (2) Eligible health care sites.--To be eligible for a grant under this section, a health care site shall-- (A) submit an application to the Secretary at such time, in such manner, and containing such information as specified by the Secretary; (B) have an emergency department; (C)(i) have a licensed health care professional on site who has a waiver under section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) to administer medication-assisted treatment; or (ii) have a demonstrable plan to hire a full-time licensed health care professional who has a waiver described in clause (i) to administer such treatment on site; (D) have in place an agreement with a sufficient number and range of entities certified under applicable State and Federal law, such as pursuant to registration or a waiver under section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) or certification as described in section 8.2 of title 42 of the Code of Federal Regulations, to provide treatment for substance use disorder such that, in combination, the resulting network of entities with an agreement with the hospital cumulatively are capable of providing services for all evidence-based services for the treatment of substance use disorder, as medically appropriate for the individual involved, including-- (i) medication-assisted treatment; (ii) withdrawal and detoxification services that include patient evaluation, stabilization, and readiness for, and entry into, treatment; and (iii) counseling; (E) deploy on-site recovery coaches to help connect patients with treatment and recovery support programs; and (F) include the provision of overdose reversal medication in discharge protocols for opioid overdose patients. (3) Preference.--In awarding grants under this section, the Secretary shall give preference to eligible health care sites that meet either or both of the following criteria: (A) The site is a critical access hospital (as defined in section 1861(mm)(1) of the Social Security Act (42 U.S.C. 1395x(mm)(1))), a low volume hospital (as defined in section 1886(d)(12)(C)(i) of such Act (42 U.S.C. 1395ww(d)(12)(C)(i))), or a sole community hospital (as defined in section 1886(d)(5)(D)(iii) of such Act (42 U.S.C. 1395ww(d)(5)(D)(iii))). (B) The site is located in a geographic area with an overdose rate higher than the national average, based on the most recent data of the Centers for Disease Control and Prevention. (4) Medication-assisted treatment defined.--For purposes of this section, the term ``medication-assisted treatment'' means the use of medication approved by the Food and Drug Administration in combination with behavioral health services to provide an individualized approach to the treatment of substance use disorders, including opioid use disorder. (c) Period of Grant.--A grant awarded to an eligible health care site under this section shall be for a period of at least 2 years. (d) Grant Uses.-- (1) Required uses.--A grant awarded under this section to an eligible health care site shall be used for both of the following purposes: (A) To establish policies and procedures that address the provision of overdose reversal medication, the administration of medication-assisted treatment to a non-fatal overdose patient in the emergency department, and the subsequent referral to evidence- based treatment upon discharge for patients who have experienced a non-fatal drug overdose. (B) To develop best practices for treating non- fatal drug overdoses, including with respect to care coordination and integrated care models for long-term treatment and recovery options for individuals who have experienced a non-fatal drug overdose. (2) Additional permissible uses.--A grant awarded under this section to an eligible health care site may be used for any of the following purposes: (A) To hire emergency department recovery coaches, counselors, therapists, social workers, or other licensed medical professionals specializing in the treatment of substance use disorder. (B) To establish integrated models of care for individuals who have experienced a non-fatal drug overdose which may include patient assessment, followup, and transportation to treatment facilities. (C) To provide for options for increasing the availability and access of medication-assisted treatment and other evidence-based treatment for individuals with substance use disorders. (e) Reporting Requirements.-- (1) Reports by grantees.--Each eligible health care site awarded a grant under this section shall submit to the Secretary an annual report for each year for which the site has received such grant that includes information on-- (A) the number of individuals treated at the site for non-fatal overdoses in the emergency department; (B) the number of individuals administered medication-assisted treatment at the site in the emergency department; (C) the number of individuals referred by the site to other treatment facilities after a non-fatal overdose, the types of such other facilities, and the number of such individuals admitted to such other facilities pursuant to such referrals; (D) the frequency and number of patient readmissions for non-fatal overdoses and substance abuse disorder; (E) how the grant funding was used; and (F) the effectiveness of, and any other relevant additional data regarding, having an onsite health care professional to administer and begin medication- assisted treatment for substance use disorders. (2) Report by secretary.--Not less than one year after the conclusion of the Program, the Secretary shall submit to Congress a report that includes-- (A) findings of the Program; (B) overall patient outcomes under the Program, such as with respect to hospital readmission; (C) what percentage of patients treated by a site receiving a grant under this section were readmitted to a hospital for non-fatal or fatal overdose; and (D) a compilation of voluntary guidelines and best practices from the reports submitted under paragraph (1). (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $50,000,000 for the period of fiscal years 2019 through 2023.", "summary": "Preventing Overdoses While in Emergency Departments Act of 2018 This bill requires the Department of Health and Human Services to establish a grant program to: (1) develop protocols for discharging patients who are treated for a drug overdose, and (2) enhance the integration and coordination of postdischarge care and treatment options for individuals with a substance use disorder."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``True Cost of War Act of 2011''. SEC. 2. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM. (a) Findings.--Congress makes the following findings: (1) The United States has been engaged in military operations in Afghanistan since October 2001 as Operation Enduring Freedom and in military operations in Iraq since March 2003 as Operation Iraqi Freedom and its successor contingency operation, Operation New Dawn. (2) According to the Congressional Research Service, through fiscal year 2010, Congress has appropriated $1,087,000,000,000 for the Department of Defense, for the State Department, and for medical costs paid by the Department of Veterans Affairs. This amount includes $751,000,000,000 related to operations in Iraq and $336,000,000,000 related to operations in Afghanistan. (3) Over 90 percent of the funds appropriated for the Department of Defense for operations in Iraq and Afghanistan have been provided as supplemental or additional appropriations and designated as an emergency funding requirement. (4) The Congressional Budget Office and the Congressional Research Service have stated that future costs for operations in Iraq and Afghanistan are difficult to estimate because the Department of Defense provides little information on costs incurred to date and does not report outlays or actual expenditure for operations in Iraq and Afghanistan (because war and baseline funds are mixed in the same accounts) and because of a lack of information from the Department of Defense on many of the key factors that determine costs, including personnel levels and the pace of operations. (5) Over 2,000,000 members of the United States Armed Forces have served in Afghanistan and Iraq since the beginning of the conflicts. (6) Over 4,400 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Iraqi Freedom, and over 1,400 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Enduring Freedom in Afghanistan. (7) Over 1,620 members of the Armed Forces have suffered amputations as a result of wounds or other injuries incurred in Afghanistan or Iraq. (8) More than 243,685 veterans of military service in Iraq and Afghanistan have been treated for mental health conditions, more than 66,900 of these veterans have been diagnosed with post-traumatic stress disorder, and approximately 178,876 of these veterans have a confirmed traumatic brain injury diagnosis. (9) Approximately 46 percent of veterans of military service in Iraq and Afghanistan have sought treatment at a Department of Veterans Affairs hospital or medical clinic. (10) The Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center identified traumatic brain injury, post-traumatic stress disorder, increased survival of severe burns, and traumatic amputations as the four signature wounds of the current conflicts, and the Independent Review Group report states that the recovery process ``can take months or years and must accommodate recurring or delayed manifestations of symptoms, extended rehabilitation and all the life complications that emerge over time from such trauma''. (b) Report Requirement.--Not later than 90 days after the date of the enactment of this Act, the President, with contributions from the Secretary of Defense, the Secretary of State, and the Secretary of Veterans Affairs, shall submit to Congress a report containing an estimate of the long-term costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and Operation Enduring Freedom for each the following scenarios: (1) The scenario in which the number of members of the Armed Forces deployed in support of Operation New Dawn and Operation Enduring Freedom is reduced from roughly 190,000 in 2011 to 150,000 in 2012, 65,000 in 2013, and 30,000 by the beginning of 2014, and remains at 30,000 through 2020. (2) The scenario in which the number of members of the Armed Forces deployed in support of Operation New Dawn and Operation Enduring Freedom rises to approximately 235,000 in 2011, is reduced to 230,000 in 2012, 195,000 in 2013, 135,000 in 2014, 80,000 in 2015, 60,000 in 2016, and remains at 60,000 through 2020. (3) An alternative scenario, determined by the President and based on current contingency operation and withdrawal plans, which takes into account expected force levels and the expected length of time that members of the Armed Forces will be deployed in support of Operation New Dawn and Operation Enduring Freedom. (c) Estimates To Be Used in Preparation of Report.--In preparing the report required by subsection (b), the President shall make estimates and projections through at least fiscal year 2020, adjust any dollar amounts appropriately for inflation, and take into account and specify each of the following: (1) The total number of members of the Armed Forces expected to be deployed in support of Operation New Dawn and Operation Enduring Freedom, including-- (A) the number of members of the Armed Forces actually deployed in Southwest Asia in support of Operation New Dawn and Operation Enduring Freedom; (B) the number of members of reserve components of the Armed Forces called or ordered to active duty in the United States for the purpose of training for eventual deployment in Southwest Asia, backfilling for deployed troops, or supporting other Department of Defense missions directly or indirectly related to Operation New Dawn or Operation Enduring Freedom; and (C) the break-down of deployments of members of the regular and reserve components and activation of members of the reserve components. (2) The number of members of the Armed Forces, including members of the reserve components, who have previously served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom and who are expected to serve multiple deployments. (3) The number of contractors and private military security firms that have been used and are expected to be used during the course of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (4) The number of veterans currently suffering and expected to suffer from post-traumatic stress disorder, traumatic brain injury, or other mental injuries. (5) The number of veterans currently in need of and expected to be in need of prosthetic care and treatment because of amputations incurred during service in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (6) The current number of pending Department of Veterans Affairs claims from veterans of military service in Iraq and Afghanistan, and the total number of such veterans expected to seek disability compensation from the Department of Veterans Affairs. (7) The total number of members of the Armed Forces who have been killed or wounded in Iraq or Afghanistan, including noncombat casualties, the total number of members expected to suffer injuries in Iraq and Afghanistan, and the total number of members expected to be killed in Iraq and Afghanistan, including noncombat casualties. (8) The amount of funds previously appropriated for the Department of Defense, the Department of State, and the Department of Veterans Affairs for costs related to Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, including an account of the amount of funding from regular Department of Defense, Department of State, and Department of Veterans Affairs budgets that has gone and will go to costs associated with such operations. (9) Current and future operational expenditures associated with Operation New Dawn and Operation Enduring Freedom, including-- (A) funding for combat operations; (B) deploying, transporting, feeding, and housing members of the Armed Forces (including fuel costs); (C) activation and deployment of members of the reserve components of the Armed Forces; (D) equipping and training of Iraqi and Afghani forces; (E) purchasing, upgrading, and repairing weapons, munitions, and other equipment consumed or used in Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom; and (F) payments to other countries for logistical assistance in support of such operations. (10) Past, current, and future costs of entering into contracts with private military security firms and other contractors for the provision of goods and services associated with Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (11) Average annual cost for each member of the Armed Forces deployed in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom, including room and board, equipment and body armor, transportation of troops and equipment (including fuel costs), and operational costs. (12) Current and future cost of combat-related special pays and benefits, including reenlistment bonuses. (13) Current and future cost of calling or ordering members of the reserve components to active duty in support of Operation New Dawn or Operation Enduring Freedom. (14) Current and future cost for reconstruction, embassy operations and construction, and foreign aid programs for Iraq and Afghanistan. (15) Current and future cost of bases and other infrastructure to support members of the Armed Forces serving in Iraq and Afghanistan. (16) Current and future cost of providing health care for veterans who served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom, including-- (A) the cost of mental health treatment for veterans suffering from post-traumatic stress disorder and traumatic brain injury, and other mental problems as a result of such service; and (B) the cost of lifetime prosthetics care and treatment for veterans suffering from amputations as a result of such service. (17) Current and future cost of providing Department of Veterans Affairs disability benefits for the lifetime of veterans who incur disabilities while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (18) Current and future cost of providing survivors' benefits to survivors of members of the Armed Forces killed while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (19) Cost of bringing members of the Armed Forces and equipment back to the United States upon the conclusion of Operation New Dawn and Operation Enduring Freedom, including the cost of demobilization, transportation costs (including fuel costs), providing transition services for members of the Armed Forces transitioning from active duty to veteran status, transporting equipment, weapons, and munitions (including fuel costs), and an estimate of the value of equipment that will be left behind. (20) Cost to restore the military and military equipment, including the equipment of the reserve components, to full strength after the conclusion of Operation New Dawn or Operation Enduring Freedom. (21) Amount of money borrowed to pay for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, and the sources of that money. (22) Interest on money borrowed, including interest for money already borrowed and anticipated interest payments on future borrowing, for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom.", "summary": "True Cost of War Act of 2011 - Directs the President, with contributions from the Secretary of Defense (DOD), the Secretary of State, and the Secretary of Veterans Affairs (VA), to report to Congress an estimate of the long-term costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and Operation Enduring Freedom under three specified scenarios based on the number of U.S. troops deployed in such operations, as well as contingency operation and withdrawal plans. Requires the President, in preparing such report, to make estimates and projections through at least FY2020, and to take into account specified cost factors, including: (1) the deployment of U.S. military personnel, contractors, and private security firms; (2) the number of veterans in need of medical or mental health care due to injuries and illnesses; (3) pending veterans' disability compensation claims; (4) total casualties and injuries; (5) current and future operational expenses and related costs; and (6) the amount of money borrowed to pay for such operations, the sources of that money, and the interest on the money borrowed."}
{"article": "SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Minority National Security Scholarship Act of 2002''. (b) Findings.--The Congress makes the following findings: (1) The security of the United States will continue to depend on the ability of the United States to understand, shape, and react to political, economic, and social developments around the world. (2) Ethno-national conflicts continue to rage around the world, and such conflicts are often accompanied by the proliferation of weapons, human rights violations, economic and commercial decline, trafficking in women and children, the drafting of children into military service, and threats to American citizens and business interests. (3) International terrorist organizations like al-Qaeda have established footholds in a number of countries, including both allies and adversaries of the United States, and attempt to use such footholds as bases from which to launch terrorist attacks on the United States and American interests abroad. (4) The future national security and economic well-being of the United States will depend substantially on the ability of its citizens to understand, influence, and respond to ethno- national conflicts and the social and political factors that cause others to support international terrorist groups. American economic interests will also depend on the ability of U.S. citizens to communicate and compete by knowing the languages and cultures of other countries. (5) The Federal Government has an interest in ensuring that the employees of its departments and agencies with national security responsibilities are prepared to meet the challenges of this changing international environment. (6) The Federal Government also has an interest in taking actions to alleviate the problem of American undergraduate and graduate students being inadequately prepared to meet the challenges posed by increasing global interaction among nations. (7) American colleges and universities must place a new emphasis on improving the teaching of foreign languages, area studies, and other international fields, particularly of those far-flung regions and newly independent countries that have previously not been the focus of study in American institutions of higher learning, to help meet those challenges. (8) By virtue of their intimate understanding of foreign languages, cultures, and locations, members of minority groups have the potential to offer the Federal Government their insights into political, economic, and social developments abroad, and the Federal Government should take whatever steps are necessary to encourage members of minority groups to use their skills to promote United States national security by making a career in the foreign affairs, security, or intelligence agencies of the Federal Government. Furthermore, if the United States is to penetrate terrorist organizations like al-Qaeda or hostile adversaries of any kind in hopes of preventing future attacks on the United States or on American interests, the Federal Government must take full advantage of the diversity of the American citizenry. (c) Purposes.--The purposes of this Act are as follows: (1) To provide the necessary resources, accountability, and flexibility to meet the national security education needs of the United States. (2) To increase the quantity, diversity, and quality of the teaching and learning of subjects in the fields of foreign languages, area studies, and other international fields that are critical to the Nation's interest. (3) To produce an increased pool of applicants for work in the departments and agencies of the United States Government with responsibilities for issues affecting national security. (4) To expand, in conjunction with other Federal programs, the international experience, knowledge base, and perspectives on which the United States citizenry, Government employees, and leaders rely. (5) To provide enhanced opportunities for members of minority groups to serve their country and contribute to United States national security by contributing to the work of the foreign affairs, security, or intelligence agencies of the Federal Government. SEC. 2. SCHOLARSHIP, FELLOWSHIP, AND GRANT PROGRAM. (a) Program Required.--The Secretary of Education shall establish a program to-- (1) award scholarships to minority undergraduate students who are United States citizens in order to enable such students to study, for at least one academic semester, in foreign countries that are critical countries (as determined under section 3(4)(A)); (2) award fellowships to minority graduate students who-- (A) are United States citizens to enable such students to pursue education in the United States in the disciplines of foreign languages, area studies, and other international fields that are critical areas of those disciplines (as determined under section 3(4)(B)); and (B) pursuant to subsection (d), enter into an agreement to work for an agency or office of the Federal Government or in the field of education in the area of study for which the fellowship was awarded; and (3) award grants to institutions of higher education to enable such institutions to establish, operate, or improve programs in foreign languages, area studies, and other international fields that are critical areas of those disciplines (as determined under section 3(4)(C)) and that will primarily serve students who are members of minority groups. (b) Funding Allocations.--Of the amounts available to carry out the programs under subsection (a) for any fiscal year, the Secretary of Education shall have a goal of allocating-- (1) \\1/3\\ of such amount for the awarding of scholarships pursuant to subsection (a)(1); (2) \\1/3\\ of such amount for the awarding of fellowships pursuant to subsection (a)(2); and (3) \\1/3\\ of such amount for the awarding of grants pursuant to subsection (a)(3). (c) Contract Authority.--The Secretary of Education may enter into one or more contracts, with private national organizations having an expertise in foreign languages, area studies, and other international fields, for the awarding of the scholarships, fellowships, and grants described in subsection (a) in accordance with the provisions of this Act. The Secretary of Education may enter into such contracts without regard to section 3709 of the Revised Statutes (41 U.S.C. 5) or any other provision of law that requires the use of competitive procedures. (d) Service Agreement.--In awarding a scholarship or fellowship under the program, the Secretary of Education or contract organization referred to in subsection (c), as the case may be, shall require a recipient of any fellowship, or of scholarships that provide assistance for periods that aggregate 12 months or more, to enter into an agreement that, in return for such assistance, the recipient-- (1) will maintain satisfactory academic progress, as determined in accordance with regulations issued by the Secretary of Education, and agrees that failure to maintain such progress shall constitute grounds upon which the Secretary or contract organization referred to in subsection (c) may terminate such assistance; (2) will, upon completion of such recipient's baccalaureate degree or education under the program, as the case may be, and in accordance with regulations issued by the Secretary, work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded for a period specified by the Secretary, which period for the recipients of scholarships shall be no more than the same period for which scholarship assistance was provided and for the recipients of fellowships shall be not less than one and not more than three times the period for which the fellowship assistance was provided; and (3) if the recipient fails to meet either of the obligations set forth in paragraph (1) or (2), will reimburse the United States Government for the amount of the assistance provided the recipient under the program, together with interest at a rate determined in accordance with regulations issued by the Secretary. (e) Distribution of Assistance.--In selecting the recipients for awards of scholarships, fellowships, or grants pursuant to this Act, the Secretary of Education or a contract organization referred to in subsection (c), as the case may be, shall take into consideration: (1) the extent to which the selections will result in there being an equitable geographic distribution of such scholarships, fellowships, or grants (as the case may be) among the various regions of the United States, and (2) the extent to which the distribution of scholarships and fellowships to individuals reflects the cultural, racial, and ethnic diversity of the minority population of the United States. (f) Merit Review.--The Secretary of Education shall award scholarships, fellowships, and grants under the program based upon a merit review process. SEC. 3. POLICY GUIDANCE. The Secretary of Education shall provide guidance regarding the implementation of this Act by-- (1) developing criteria for awarding scholarships, fellowships, and grants under this Act; (2) widely disseminating information regarding the activities assisted under this Act; (3) establishing qualifications for students desiring scholarships or fellowships, and institutions of higher education desiring grants, under this Act, including, in the case of students desiring a scholarship or fellowship, a requirement that the student have a demonstrated commitment to the study of the discipline for which the scholarship or fellowship is to be awarded; (4) making determinations regarding-- (A) which countries are not emphasized in other United States study abroad programs, such as countries in which few United States minority students are studying, and are, therefore, critical countries for the purposes of section 2(a)(1); (B) which areas within the disciplines described in section 2(a)(2) are areas of study in which United States minority students are deficient in learning and are, therefore, critical areas within those disciplines for the purposes of that section; (C) which areas within the disciplines described in section 2(a)(3) are areas in which United States minority students, educators, and Government employees are deficient in learning and in which insubstantial numbers of United States institutions of higher education serving primarily minority students provide training and are, therefore, critical areas within those disciplines for the purposes of that section; and (D) how minority students desiring scholarships or fellowships can be encouraged to work for an agency or office of the Federal Government involved in national security affairs or national security policy upon completion of their education; and (5) review the administration of the program required under this Act. SEC. 4. ADMINISTRATIVE PROVISIONS (a) Acceptance and Use of Gifts.--In order to conduct the program required by this Act, the Secretary of Education may-- (1) receive money and other property donated, bequeathed, or devised, without condition or restriction other than that it be used for the purpose of conducting the program required by this Act; and (2) may use, sell, or otherwise dispose of such property for that purpose. (b) Voluntary Services.--In order to conduct the program required by this Act, the Secretary of Education may accept and use the services of voluntary and noncompensated personnel. SEC. 5. ANNUAL REPORT. (a) Annual Report.--The Secretary of Education shall submit to the President and to the Congress an annual report of the conduct of the program required by this Act. (b) Contents of Report.--Each such report shall include the following: (1) An analysis of the trends within language, international, and area studies, along with a survey of such areas as the Secretary determines are receiving inadequate attention. (2) An analysis of minority participation in language, international, and area studies. (3) The effect on those trends of activities under the program required by this Act. (4) An analysis of the assistance provided under the program for the previous fiscal year, to include the subject areas being addressed and the nature of the assistance provided. (5) An analysis of the performance of the individuals who received assistance under the program during the previous fiscal year, to include the degree to which assistance was terminated under the program and the extent to which individual recipients failed to meet their obligations under the program. (6) An analysis of the results of the program for the previous fiscal year, and cumulatively, to include, at a minimum-- (A) the percentage of individuals who have received assistance under the program who subsequently became employees of the United States Government; (B) in the case of individuals who did not subsequently become employees of the United States Government, an analysis of the reasons why they did not become employees and an explanation as to what use, if any, was made of the assistance by those recipients; and (C) the uses made of grants to educational institutions. (7) Any legislative changes recommended by the Secretary to facilitate the administration of the program or otherwise to enhance its objectives. (c) Submission of Initial Report.--The first report under this section shall be submitted at the time the budget for fiscal year 2005 is submitted to Congress. SEC. 6. GENERAL ACCOUNTING OFFICE AUDITS. The conduct of the program required by this Act may be audited by the General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. Representatives of the General Accounting Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property of the Department of Education pertaining to such activities and necessary to facilitate the audit. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated to carry out this Act-- (1) $10,000,000 for each of the fiscal years 2003 through 2007; and (2) $12,000,000 for each fiscal year thereafter. (b) Carry-Over of Funds Permitted.--Funds appropriated pursuant to subsection (a) are authorized to remain available until expended. SEC. 8. DEFINITION OF ELIGIBLE MINORITY. For the purpose of this Act, the term ``minority'' means an individual who is a member of any of the following groups: (1) American Indian or Alaska Native. (2) Asian (to include individuals of East Asian, South Asian, and Central Asian descent). (3) Arab. (4) African American. (5) Native Hawaiian or other Pacific Islander. (6) Hispanic or Latino.", "summary": "Minority National Security Scholarship Act of 2002 - Directs the Secretary of Education to establish a program for awarding: (1) scholarships to minority American undergraduates (American Indian or Alaska Native, Asian, Arab, African American, Native Hawaiian or other Pacific Islander, or Hispanic or Latino) to enable them to study, for at least one academic semester, in \"critical\" countries in which few minority students are studying; (2) fellowships to enable minority American graduate students to pursue education in the United States in the disciplines of foreign languages, area studies, and other international fields, and to enter into an agreement to work for a Federal agency or office in the field studied; and (3) grants to enable institutions of higher education to establish, operate, or improve programs in foreign languages, area studies, and other international fields in which minority students, educators, and Government employees are deficient in learning.Requires a recipient of any fellowship, or scholarship that provides assistance for periods that aggregate 12 months or more, to maintain satisfactory academic progress and to work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded for a period specified by the Secretary. Requires any recipient failing to meet those requirements to reimburse the United States for the amount of assistance provided under the program, with interest."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``ANCSA Unrecognized Community Landless Natives Authorization Act of 2017''. SEC. 2. UNRECOGNIZED SOUTHEAST ALASKA NATIVE COMMUNITIES RECOGNITION AND COMPENSATION. (a) Purpose.--The purpose of this section is to redress the omission of the southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell from eligibility by authorizing the Native people enrolled in the communities-- (1) to form Urban Corporations for the communities under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (2) to receive certain settlement land pursuant to that Act. (b) Establishment of Additional Native Corporations.--Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by adding at the end the following: ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska.-- ``(1) In general.--The Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, may organize as Urban Corporations. ``(2) Effect on entitlement to land.--Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.''. (c) Shareholder Eligibility.--Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following: ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.-- ``(1) In general.--The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively. ``(2) Number of shares.--Each Native who is enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell pursuant to paragraph (1) and who was enrolled as a shareholders of the Regional Corporation for Southeast Alaska on or before March 30, 1973, shall receive 100 shares of Settlement Common Stock in the respective Urban Corporation. ``(3) Natives receiving shares through inheritance.--If a Native received shares of stock in the Regional Corporation for Southeast Alaska through inheritance from a decedent Native who originally enrolled to the Native Village of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the decedent Native was not a shareholder in a Village or Urban Corporation, the Native shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective Urban Corporation. ``(4) Effect on entitlement to land.--Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8).''. (d) Distribution Rights.--Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606) is amended-- (1) in subsection (j)-- (A) by striking ``(j) During'' and inserting the following: ``(j) Distribution of Corporate Funds and Other Net Income.-- ``(1) In general.--During''; (B) by striking ``Not less'' and inserting the following: ``(2) Minimum allocation.--Not less''; (C) by striking ``In the case'' and inserting the following: ``(3) Thirteenth regional corporation.--In the case''; and (D) by adding at the end the following: ``(4) Native villages of haines, ketchikan, petersburg, tenakee, and wrangell.--Native members of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who become shareholders in an Urban Corporation for such a Native Village shall continue to be eligible to receive distributions under this subsection as at-large shareholders of the Regional Corporation for Southeast Alaska.''; and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--Section 2 of the ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 and the amendments made by that section shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporation or Village Corporations or other provisions of subsection (i) or (j).''. (e) Compensation.--The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG, TENAKEE, AND WRANGELL. ``(a) Offer of Compensation.-- ``(1) In general.--On incorporation of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, the Secretary, in consultation and coordination with the Secretary of Commerce, and in consultation with representatives of each such Urban Corporation and the Regional Corporation for Southeast Alaska, shall offer as compensation, pursuant to this Act, 1 township of land (23,040 acres) to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, in accordance with this subsection. ``(2) Local areas of historical, cultural, traditional, and economic importance.-- ``(A) In general.--The Secretary shall offer as compensation under this subsection local areas of historical, cultural, traditional, and economic importance to Alaska Natives from the Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell. ``(B) Selection of land.--In selecting the land to be withdrawn and conveyed pursuant to this section, the Secretary-- ``(i) shall give preference to land with commercial purposes; ``(ii) may include subsistence and cultural sites, aquaculture sites, hydroelectric sites, tideland, surplus Federal property, and eco- tourism sites; and ``(iii) shall not include land within a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)). ``(C) Contiguous, compact sites.--The land selected pursuant to this section shall be contiguous and reasonably compact tracts if practicable. ``(D) Valid existing rights.--The land selected pursuant to this section shall be subject to all valid existing rights and all other provisions of section 14(g), including any lease, contract, permit, right-of- way, or easement (including a lease issued under section 6(g) of the Act of July 7, 1958 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21; Public Law 85-508)). ``(b) Acceptance or Rejection of Offer.-- ``(1) In general.--Not later than 1 year after the date of the offer of compensation from the Secretary under subsection (a), each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell shall accept or reject the offer. ``(2) Resolution.--To accept or reject the offer, each such Urban Corporation shall provide to the Secretary a properly executed and certified corporate resolution that states that the offer proposed by the Secretary was voted on, and either approved or rejected, by a majority of the shareholders of the Urban Corporation. ``(3) Rejection of offer.--If the offer is rejected-- ``(A) the Secretary, in consultation with representatives of the Urban Corporation that rejected the offer and the Regional Corporation for Southeast Alaska, shall revise the offer; and ``(B) the Urban Corporation shall have an additional 180 days within which to accept or reject the revised offer. ``(c) Withdrawal and Conveyance of Land and Title.--Not later than 180 days after receipt of a corporate resolution of an Urban Corporation approving an offer of the Secretary under subsection (b)(1), the Secretary shall (as appropriate)-- ``(1) withdraw the land; ``(2) convey to the Urban Corporation title to the surface estate of the land; and ``(3) convey to the Regional Corporation for Southeast Alaska title the subsurface estate for the land. ``(d) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.--The Secretary shall, without consideration of compensation, convey to the Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Corporations pursuant to subsection (c). ``(e) Settlement Trust.-- ``(1) In general.--The Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, respectively. ``(2) Proceeds and income.--The proceeds and income from the principal of a trust established under paragraph (1) shall-- ``(A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and ``(B) then to the support of all other enrollees.''.", "summary": "ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 This bill amends the Alaska Native Claims Settlement Act to permit the Alaska Native residents of each of the Alaska Native villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Alaska Native urban corporations and to receive certain settlement land. These urban corporations may establish a settlement trust to promote the health, education, and welfare of the trust beneficiaries, and preserve the Alaska Native heritage and culture of their communities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Lending Pilot Act of 2003''. SEC. 2. CHILD CARE BUSINESS LOAN PROGRAM. (a) Loans Authorized.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``The Administration'' and inserting the following: ``(a) Authorization.--The Administration''; (B) by striking ``and such loans'' and inserting ``. Such loans''; (C) by striking ``: Provided, however, That the foregoing powers shall be subject to the following restrictions and limitations:'' and inserting a period; and (D) by adding at the end the following: ``(b) Restrictions and Limitations.--The authority under subsection (a) shall be subject to the following restrictions and limitations:''; and (2) in paragraph (1)-- (A) by inserting after ``Use of proceeds.--'' the following: ``(A) In general.--''; and (B) by adding at the end the following: ``(B) Loans to small, non-profit child care businesses.--The proceeds of any loan described in subsection (a) may be used by the borrower to assist, in addition to other eligible small business concerns, small, non-profit child care businesses, provided that-- ``(i) the loan will be used for a sound business purpose that has been approved by the Administration; and ``(ii) each such business receiving financial assistance meets all of the same eligibility requirements applicable to for- profit businesses under this title, except for status as a for-profit business.''. (b) Reports.-- (1) Small business administration.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter until September 30, 2006, the Administrator of the Small Business Administration shall submit a report on the implementation of the program under subsection (a) to-- (i) the Committee on Small Business and Entrepreneurship of the Senate; and (ii) the Committee on Small Business of the House of Representatives. (B) Contents.--The report under subparagraph (A) shall contain-- (i) the date on which the program is implemented; (ii) the date on which the rules are issued pursuant to subsection (c); and (iii) the number and dollar amount of loans under the program applied for, approved, and disbursed during the previous 6 months. (2) General accounting office.-- (A) In general.--Not later than March 31, 2006, the Comptroller General of the United States shall submit a report on the child care small business loans authorized by section 502(b)(1)(B) of the Small Business Investment Act of 1958, as added by this Act, to-- (i) the Committee on Small Business and Entrepreneurship of the Senate; and (ii) the Committee on Small Business of the House of Representatives. (B) Contents.--The report under subparagraph (A) shall contain information gathered during the first 2 years of the loan program, including-- (i) an evaluation of the timeliness of the implementation of the loan program; (ii) a description of the effectiveness and ease with which Certified Development Companies, lenders, and small businesses have participated in the loan program; (iii) a description and assessment of how the loan program was marketed; (iv) the number of child care small businesses, categorized by status as a for- profit or non-profit business and a new business or an expanded business, that-- (I) applied for loans under the program; (II) were approved for loans under the program; and (III) received loan disbursements under the program. (v) of the businesses under clause (iv)(III)-- (I) the number of such businesses in each State; (II) the total amount loaned to such businesses under the program; and (III) the average loan amount and term. (c) Rulemaking Authority.--Not later than 120 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue final rules to carry out the loan program authorized by section 502(b)(1)(B) of the Small Business Investment Act of 1958, as added by this Act. (d) Sunset Provision.--The amendments made by this section shall remain in effect until September 30, 2006, and shall apply to all loans authorized by section 502(b)(1)(B) of the Small Business Investment Act of 1958, as added by this Act, that are made during the period beginning on the date of enactment of this Act and ending on September 30, 2006.", "summary": "Child Care Lending Pilot Act of 2003 - Amends the Small Business Investment Act of 1958 to allow the proceeds of loans made through the Small Business Administration (SBA) to local development companies for plant acquisition, construction, or expansion to be used to assist small, nonprofit child care businesses, provided that: (1) the loan will be used for a sound business purpose approved by the SBA; and (2) each business receiving the assistance meets eligibility requirements applicable to for-profit businesses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Understanding the True Cost of College Act of 2012''. SEC. 2. INSTITUTION FINANCIAL AID OFFER FORM. (a) Institution Financial Aid Offer Form.--Section 484 of the Higher Education Opportunity Act (20 U.S.C. 1092 note) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Standard Format.--The Secretary of Education, in consultation with the heads of relevant Federal agencies, shall develop a standard format for financial aid offer forms based on recommendations from representatives of students, students' families, institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups.''; (2) by striking subsection (b) and inserting the following: ``(b) Key Required Contents for Offer Form.--The standard format developed under subsection (a) shall include, in a consumer-friendly manner that is simple and understandable, the following items clearly separated from each other and listed on the first page of the financial aid offer form in either electronic or written format: ``(1) Information on the student's cost of attendance based on the most current costs for the academic period covered by the financial aid offer form, including the following: ``(A) Tuition and fees, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(B) Room and board costs, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(C) Books and supplies, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(D) Transportation, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(E) Miscellaneous personal expenses, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(2) The amount of financial aid that the student does not have to repay, such as scholarships, grant aid offered under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), or grant aid offered by the institution, a State, or an outside source to the student for such academic period, including a disclosure that the financial aid does not have to be repaid and whether the student can expect to receive similar amounts of such financial aid for each academic period the student is enrolled at the institution. ``(3) The net amount that the student, or the student's family on behalf of the student, will have to pay for the student to attend the institution for such academic period, equal to-- ``(A) the cost of attendance as described in paragraph (1) for the student for such academic period, minus ``(B) the amount of financial aid described in paragraph (2) that is included in the financial aid offer form. ``(4) Work study assistance, including a disclosure that the aid must be earned by the student and a disclosure that the assistance offered is subject to the availability of employment opportunities. ``(5) The types and amounts of loans under part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq., 1087aa et seq.) that the institution recommends for the student for such academic period, a disclosure that such loans have to be repaid, a disclosure that the student can borrow a lesser amount than the recommended loan amount, a clear use of the word `loan' to describe the recommended loan amounts, the interest rates, fees, the expected monthly repayment amounts assuming a 10-year repayment plan, and the total amounts the student will pay over the life of the loans. ``(6) Where a student or the student's family can seek additional information regarding the financial aid offered, including contact information for the institution's financial aid office and the Department of Education's website on financial aid. ``(7) A disclosure that Federal student loans offer generally more favorable terms and beneficial repayment options than private education loans so students should examine available Federal student loan options before applying for private education loans, and an explanation to be written by the Secretary of Education, in consultation with the heads of relevant Federal agencies, of the benefits unique to Federal student loans, including various repayment plans, loan forgiveness, and loan deferment, and the terms to examine carefully if considering a private education loan. ``(8) The deadline and summary of the process, if any, for accepting the financial aid offered in the financial aid offer form. ``(9) The academic period covered by the financial aid offer form and a clear indication whether the aid offered is based on full-time or part-time enrollment. ``(10) With respect to institutions where more than 30 percent of enrolled students borrow loans to pay for their education, the institution's most recent cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), compared to the national average cohort default rate. ``(11) Any other information the Secretary of Education, in consultation with the heads of relevant Federal agencies, determines necessary so that students and parents can make informed loan borrowing decisions, including quality metrics such as percentage of students at the institution who take out student loans and average debt at graduation for students at the institution.''; and (3) by adding at the end the following: ``(c) Other Required Contents for the Offer Form.--The standard format developed under subsection (a) shall also include the following information to be included on the financial aid offer form in a concise format determined by the Secretary of Education, in consultation with the heads of relevant Federal agencies: ``(1) A concise summary of the terms and conditions of financial aid recommended under paragraphs (2), (4), and (5) of subsection (b) and a method to provide students with additional information about such terms and conditions, such as links to the supplementary information, including that the student may be eligible for longer loan repayment terms. ``(2) At the institution's discretion, additional options for paying for the net amount listed in subsection (b)(3), such as the amount recommended to be paid by the student or student's family, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e), or private education loans. If the institution recommends private education loans, as defined in section 140 of the Truth in Lending Act (15 U.S.C. 1650), the financial aid offer form shall contain the additional following disclosures on the offer form: ``(A) The availability of, and the student's potential eligibility for, Federal financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(B) The impact of a proposed private education loan on the student's potential eligibility for other financial assistance, including Federal financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(C) The student's ability to select a private educational lender of the student's choice. ``(D) The student's right to accept or reject a private education loan within the 30-day period following a private educational lender's approval of a student's application and a student's 3-day right-to- cancel period. ``(E) With respect to dependent students, any reference to private education loans shall be accompanied by information about the recommended family contribution and the availability of, and terms and conditions associated with, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) for the student's parents regardless of family income, and of the student's increased eligibility for Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) if the student's parents are not able to borrow under the Federal Direct PLUS Loan program. ``(3) The following disclosures: ``(A) That the financial aid offer form only contains information for 1 academic period and the financial aid offered in following academic periods may change, unless the institution is offering aid that covers multiple academic periods. ``(B) How non-institutional scholarships awarded to the student affect the financial aid package offered to the student. ``(C) A concise summary of any Federal or institutional conditions required to receive and renew financial aid and a method to provide students with additional information about these conditions, such as links to the supplementary information. ``(d) Additional Requirements for Financial Aid Offer Form.--In addition to the requirements listed under subsections (b) and (c), the financial aid offer form shall meet the following requirements: ``(1) Clearly distinguish between the aid offered in paragraphs (2), (4), and (5) of subsection (b), by including a subtotal for the aid offered in each of such paragraphs and by refraining from commingling the different types of aid described in such paragraphs. ``(2) Use standard definitions and names for the terms described in subsection (b) that are developed by the Secretary of Education in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors, not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2012. ``(3) If an institution's recommended Federal student loan aid offered in subsection (b)(5) is less than the Federal maximum available to the student, the institution shall provide additional information on Federal student loans, including the types and amounts for which the student is eligible in an attached document or webpage. ``(4) Use standard formatting and design that the Secretary of Education, in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors determine is appropriate to produce multiple draft financial aid offer designs for consumer testing not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2012 to ensure-- ``(A) that figures described in paragraphs (1) through (5) of subsection (b) are in the same font, appear in the same order, and are displayed prominently on the first page of the financial aid offer form whether produced in written or electronic format; and ``(B) that the other information required in (b) and (c) appears in a standard format and design on the financial aid offer form. ``(5) Include an attestation that the student has accessed and read the financial aid offer form, if provided to the student in electronic format. ``(6) Include language developed by the Secretary of Education, in consultation with the heads of relevant Federal agencies, notifying eligible students that they may be eligible for education benefits, and where they can locate more information about such benefits, described in the following provisions: ``(A) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. ``(B) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. ``(C) Section 1784a, 2005, or 2007 of title 10, United States Code. ``(e) Additional Information.--Nothing in this section shall preclude an institution from supplementing the financial aid offer form with additional information so long as such additional information supplements the financial aid offer form and is not located on the financial aid offer form. ``(f) Consumer Testing.-- ``(1) In general.--Not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2012, the Secretary of Education, in consultation with the heads of relevant Federal agencies, shall establish a process to submit the financial aid offer form developed under this section for consumer testing among representatives of students (including low-income students, first generation college students, adult students, and prospective students), students' families (including low-income families, families with first generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. ``(2) Length of consumer testing.--The Secretary of Education shall ensure that the consumer testing lasts no longer than 6 months after the process for consumer testing is developed under paragraph (1). ``(3) Use of results.--The results of consumer testing under paragraph (1) shall be used in the final development of the financial aid offer form. ``(4) Reporting requirement.--Not later than 3 months after the date the consumer testing under paragraph (1) concludes, the Secretary of Education shall submit to Congress the final standard financial aid offer form and a report detailing the results of such testing, including whether the Secretary added any additional items to the standard financial aid offer form pursuant to subsection (b)(10). ``(5) Authority to modify.--The Secretary of Education may modify the definitions, terms, formatting, and design of the financial aid offer form based on the results of consumer testing required under this subsection and before finalizing the form.''. (b) Mandatory Form.--Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: ``SEC. 124. USE OF MANDATORY FINANCIAL AID OFFER FORM. ``(a) In General.--Notwithstanding any other provision of law, each institution of higher education that receives Federal financial assistance under this Act shall use the financial aid offer form developed under section 484 of the Higher Education Opportunity Act (20 U.S.C. 1092 note) in providing written or electronic financial aid offers to students enrolled in, or accepted for enrollment in, the institution. ``(b) Effective Date.--The requirement under subsection (a) shall take effect 8 months after the Secretary of Education finalizes the offer form developed under section 484(a) of the Higher Education Opportunity Act (20 U.S.C. 1092 note).''.", "summary": "Understanding the True Cost of College Act of 2012 - Amends the Higher Education Opportunity Act to refer to the Secretary of Education's model institution of higher eduction (IHE) financial aid offer form as the standard form. Requires the standard form to include certain additional items, such as: (1) information concerning work study assistance, including its dependence on the availability of employment opportunities; (2) the disclosure that federal student loans offer generally more favorable terms and repayment options than private education loans; (3) the deadline for and a summary of the financial aid acceptance process; (4) the academic period covered by the offer and whether the aid is based on full-time or part-time enrollment; and (5) the IHE's most recent cohort default rate compared to the national average cohort default rate, if more than 30% of the school's students take out student loans. Requires more detailed information to be included on the form. Includes among those details, with respect to federal education loans, information: (1) identifying the type and amount of loan recommended for the applicable student; (2) clearly indicating that such loans need to be repaid; (3) disclosing the student's right to borrow less than the recommended amount; and (4) detailing the interest rates, fees, expected monthly repayment amounts, and sums to be paid over the life of such loans. Requires that certain steps be taken to improve the clarity of the form and provide recipients with access to additional information. Directs the Secretary, before finalizing the standard form, to submit it to consumer testing among students, their families, IHEs, secondary school and postsecondary counselors, and nonprofit consumer groups. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each IHE receiving federal financial assistance under the Act to use the standard form in providing written or electronic financial aid offers to students enrolled in, or accepted for enrollment in, the IHE."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexible Refinancing for American Families Act of 2012''. SEC. 2. AFFORDABLE 50-YEAR REFINANCING OF MORTGAGES OWNED OR GUARANTEED BY FANNIE MAE AND FREDDIE MAC. (a) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the refinancing of qualified mortgages on single-family housing owned by such enterprise through a refinancing mortgage having a 50-year term, and for the purchase of and securitization of such refinancing mortgages, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Such program shall require such refinancing of a qualified mortgage upon the request of the mortgagor made to the applicable enterprise and a determination by the enterprise that the mortgage is a qualified mortgage. (b) Qualified Mortgage.--For purposes of this section, the term ``qualified mortgage'' means a mortgage, without regard to whether the mortgagor is current on or in default on payments due under the mortgage, that-- (1) is an existing first mortgage that was made for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as the principal residence of the mortgagor; (2) is owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (3) was originated on or before the date of the enactment of this Act. (c) Refinancing Mortgage.--For purposes of this section, the term ``refinancing mortgage'' means a mortgage that meets the following requirements: (1) Refinancing of qualified mortgage.--The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing qualified mortgage. (2) Single-family housing.--The property that is subject to the mortgage shall be the same property that is subject to the qualified mortgage being refinanced. (3) 50-year term with 30-year call option.--The mortgage shall have a term to maturity of 50 years from the date of the beginning of the amortization of the mortgage and shall fully amortize over such term, except that the mortgagee may, at the sole option of the mortgagee, require payment in full of all amounts of principal and interest owed under the mortgage on the date that is 30 years after the date of the beginning of the amortization of the mortgage, but only if the mortgagee provides written notice to the mortgagor of such acceleration of indebtedness not fewer than 90 days in advance of such acceleration. (4) Interest rate.--The mortgage shall bear interest at a single rate that is fixed for the entire term of the mortgage, which shall be equivalent to the premium received by the enterprise on the qualified mortgage being refinanced plus the cost of selling a newly issued mortgage having comparable risk and term to maturity in a mortgage-backed security, as such rate may be increased to the extent necessary to cover, over the term to maturity of the mortgage, any fee paid to the servicer pursuant to subsection (d), the cost of any title insurance coverage issued in connection with the mortgage, and, as determined by the Director, a portion of any administrative costs of the program under this section as may attributable to the mortgage. (5) Waiver of prepayment penalties.--All penalties for prepayment or refinancing of the qualified mortgage that is refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (6) Prohibition on borrower fees.--The servicer conducting the refinancing shall not charge the mortgagor any fee for the refinancing of the qualified mortgage through the refinancing mortgage. (7) Title insurance.--The fee for title insurance coverage issued in connection with the mortgage shall be reasonable in comparison with fees for such coverage available in the market for mortgages having similar terms. (d) Fee to Servicer.--For each qualified mortgage of an enterprise that the servicer of the qualified mortgage refinances through a refinancing mortgage pursuant to this section, the enterprise shall pay the servicer a fee not exceeding $1,000. (e) No Appraisal.--The enterprises may not require an appraisal of the property subject to a refinancing mortgage to be conducted in connection with such refinancing. (f) Termination.--The requirement under subsection (a) for the enterprises to refinance qualified mortgages shall not apply to any request for refinancing made after the expiration of the one-year period beginning on the date of the enactment of this Act. (g) Definitions.--For purposes of this section, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (h) Regulations.--The Director shall issue any regulations or guidance necessary to carry out the program under this section.", "summary": "Flexible Refinancing for American Families Act of 2012 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs) each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage having a 50-year term (and for the purchase of and securitization of such refinancing mortgages) in accordance with this Act and the policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Permits the mortgagee, however, upon written 90-day advance notice to the mortgagor, to require payment in full of a 50-year mortgage only 30 years after the beginning of its amortization. Defines a qualified mortgage as one, regardless of whether the mortgagor is current on payments due or in default, that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence; (2) is owned or guaranteed by the particular GSE; and (3) was originated on or before enactment of this Act. Specifies the terms and conditions of a refinancing mortgage, including a 50-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage. Requires a GSE to pay a fee of up to $1,000 to the servicer of a qualified mortgage refinance. Prohibits any requirement of a property appraisal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Workers' Rights Restoration Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1974, the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) has prohibited States from discriminating in employment on the basis of age. In EEOC v. Wyoming, 460 U.S. 226 (1983), the Supreme Court upheld Congress' constitutional authority to prohibit States from discriminating in employment on the basis of age. The prohibitions of the Age Discrimination in Employment Act of 1967 remain in effect and continue to apply to the States, as the prohibitions have for more than 25 years. (2) Age discrimination in employment remains a serious problem both nationally and among State agencies, and has invidious effects on its victims, the labor force, and the economy as a whole. For example, age discrimination in employment-- (A) increases the risk of unemployment among older workers, who will as a result be more likely to be dependent on government resources; (B) prevents the best use of available labor resources; (C) adversely effects the morale and productivity of older workers; and (D) perpetuates unwarranted stereotypes about the abilities of older workers. (3) Private civil suits by the victims of employment discrimination have been a crucial tool for enforcement of the Age Discrimination in Employment Act of 1967 since the enactment of that Act. In Kimel v. Florida Board of Regents, 120 S. Ct. 631 (2000), however, the Supreme Court held that Congress lacks the power under the 14th amendment to the Constitution to abrogate State sovereign immunity to suits by individuals under the Age Discrimination in Employment Act of 1967. The Federal Government has an important interest in ensuring that Federal financial assistance is not used to subsidize or facilitate violations of the Age Discrimination in Employment Act of 1967. Private civil suits are a critical tool for advancing that interest. (4) As a result of the Kimel decision, although age-based discrimination by State employers remains unlawful, the victims of such discrimination lack important remedies for vindication of their rights that are available to all other employees covered under that Act, including employees in the private sector, local government, and the Federal Government. Unless a State chooses to waive sovereign immunity, or the Equal Employment Opportunity Commission brings an action on their behalf, State employees victimized by violations of the Age Discrimination in Employment Act of 1967 have no adequate Federal remedy for violations of that Act. In the absence of the deterrent effect that such remedies provide, there is a greater likelihood that entities carrying out programs and activities receiving Federal financial assistance will use that assistance to violate that Act, or that the assistance will otherwise subsidize or facilitate violations of that Act. (5) Federal law has long treated nondiscrimination obligations as a core component of programs or activities that, in whole or part, receive Federal financial assistance. That assistance should not be used, directly or indirectly, to subsidize invidious discrimination. Assuring nondiscrimination in employment is a crucial aspect of assuring nondiscrimination in those programs and activities. (6) Discrimination on the basis of age in programs or activities receiving Federal financial assistance is, in contexts other than employment, forbidden by the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). Congress determined that it was not necessary for the Age Discrimination Act of 1975 to apply to employment discrimination because the Age Discrimination in Employment Act of 1967 already forbade discrimination in employment by, and authorized suits against, State agencies and other entities that receive Federal financial assistance. In section 1003 of the Rehabilitation Act Amendments of 1986 (42 U.S.C. 2000d-7), Congress required all State recipients of Federal financial assistance to waive any immunity from suit for discrimination claims arising under the Age Discrimination Act of 1975. The earlier limitation in the Age Discrimination Act of 1975, originally intended only to avoid duplicative coverage and remedies, has in the wake of the Kimel decision become a serious loophole leaving millions of State employees without an important Federal remedy for age discrimination, resulting in the use of Federal financial assistance to subsidize or facilitate violations of the Age Discrimination in Employment Act of 1967. (7) The Supreme Court has upheld Congress' authority to condition receipt of Federal financial assistance on acceptance by the States or other recipients of conditions regarding or related to the use of that assistance, as in Cannon v. University of Chicago, 441 U.S. 677 (1979). The Court has further recognized that Congress may require a State, as a condition of receipt of Federal financial assistance, to waive the State's sovereign immunity to suits for a violation of Federal law, as in College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, 527 U.S. 666 (1999). In the wake of the Kimel decision, in order to assure compliance with, and to provide effective remedies for violations of, the Age Discrimination in Employment Act of 1967 in State programs or activities receiving or using Federal financial assistance, and in order to ensure that Federal financial assistance does not subsidize or facilitate violations of the Age Discrimination in Employment Act of 1967, it is necessary to require such a waiver as a condition of receipt or use of that assistance. (8) A State's receipt or use of Federal financial assistance in any program or activity of a State will constitute a limited waiver of sovereign immunity under section 7(g) of the Age Discrimination in Employment Act of 1967 (as added by section 4 of this Act). The waiver will not eliminate a State's immunity with respect to programs or activities that do not receive or use Federal financial assistance. The State will waive sovereign immunity only with respect to suits under the Age Discrimination in Employment Act of 1967 brought by employees within the programs or activities that receive or use that assistance. With regard to those programs and activities that are covered by the waiver, the State employees will be accorded only the same remedies that are accorded to other covered employees under the Age Discrimination in Employment Act of 1967. (9) The Supreme Court has repeatedly held that State sovereign immunity does not bar suits for prospective injunctive relief brought against State officials, as in Ex parte Young, 209 U.S. 123 (1908). Clarification of the language of the Age Discrimination in Employment Act of 1967 will confirm that that Act authorizes such suits. The injunctive relief available in such suits will continue to be no broader than the injunctive relief that was available under that Act before the Kimel decision, and that is available to all other employees under that Act. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide to State employees in programs or activities that receive or use Federal financial assistance the same rights and remedies for practices violating the Age Discrimination in Employment Act of 1967 as are available to other employees under that Act, and that were available to State employees prior to the Supreme Court's decision in Kimel v. Florida Board of Regents, 120 S. Ct. 631 (2000); (2) to provide that the receipt or use of Federal financial assistance for a program or activity constitutes a State waiver of sovereign immunity from suits by employees within that program or activity for violations of the Age Discrimination in Employment Act of 1967; and (3) to affirm that suits for injunctive relief are available against State officials in their official capacities for violations of the Age Discrimination in Employment Act of 1967. SEC. 4. REMEDIES FOR STATE EMPLOYEES. Section 7 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626) is amended by adding at the end the following: ``(g)(1)(A) A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th amendment to the Constitution or otherwise, to a suit brought by an employee of that program or activity under this Act for equitable, legal, or other relief authorized under this Act. ``(B) In this paragraph, the term `program or activity' has the meaning given the term in section 309 of the Age Discrimination Act of 1975 (42 U.S.C. 6107). ``(2) An official of a State may be sued in the official capacity of the official by any employee who has complied with the procedures of subsections (d) and (e), for injunctive relief that is authorized under this Act. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes (42 U.S.C. 1988).''. SEC. 5. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be invalid, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to another person or circumstance shall not be affected. SEC. 6. EFFECTIVE DATE. (a) Waiver of Sovereign Immunity.--With respect to a particular program or activity, section 7(g)(1) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(g)(1)) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (b) Suits Against Officials.--Section 7(g)(2) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(g)(2)) applies to any suit pending on or after the date of enactment of this Act.", "summary": "Older Workers' Rights Restoration Act of 2001 (sic) - Amends the Age Discrimination in Employment Act of 1967 to require States to waive their sovereign immunity to lawsuit for violations of such Act against State employees in programs or activities that receive Federal financial assistance.Allows such State employees to sue: (1) States for equitable, legal, or other authorized relief; and (2) State officials for injunctive relief, as authorized upon compliance with certain procedures, with the award of costs to the prevailing party.Applies such State waiver, following enactment of this Act, to conduct on or after the day the State first receives or uses Federal financial assistance for the program or activity. Applies this Act with respect to injunctive relief against a State official to any suit pending on or after enactment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Veterans Health Care Access Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) One out of every six veterans who have returned from serving in Operation Enduring Freedom or Operation Iraqi Freedom have diagnosable post-traumatic stress disorder. (2) The Department of Veterans Affairs and the Department of Defense face a shortfall of trained mental health professionals. (3) The demands placed on the Department of Veterans Affairs health care system exceed the capacity of that system to serve veterans. (4) Veterans who live in rural areas serviced by distant Department of Veterans Affairs facilities have no option other than excessive travel for diagnosis and long-term treatment. (5) The variety of mental ailments acquired during or as a result of deployment in a war zone frequently require long- term, intensive, and highly-personalized care. (6) The system of the Veterans Health Administration of the Department of Veterans Affairs in effect as of the date of the enactment of this Act for providing long-term mental health care creates unnecessary and unacceptable stress for veterans and the Department of Veterans Affairs. (7) The long-term needs associated with mental health conditions require a positive change in the way the Department of Veterans Affairs provides mental health services. SEC. 3. PILOT PROGRAM TO PROVIDE MENTAL HEALTH SERVICES TO CERTAIN VETERANS OF CONTINGENCY OPERATIONS. (a) Establishment.--The Secretary of Veterans Affairs shall establish and carry out a pilot program to provide mental health counseling to eligible veterans at facilities other than medical facilities of the Department of Veterans Affairs. (b) Eligible Veteran.--For purposes of this section, the term ``eligible veteran'' means a veteran who-- (1) served on active duty in support of a contingency operation, as that term is defined in section 101(13) of title 10, United States Code; (2) is eligible to receive hospital care and medical services under section 1710 of title 38, United States Code; (3) has been diagnosed with a mental health condition for which a certified mental health provider has recommended the veteran receive mental health counseling; and (4) resides at least 30 miles from a medical facility of the Department of Veterans Affairs that employs a full-time mental health professional. (c) Provision of Vouchers.-- (1) Vouchers.-- (A) Six month supply.--Under the pilot program established under subsection (a), upon the request of an eligible veteran, the Secretary of Veterans Affairs shall issue to the eligible veteran a six-month supply of vouchers that may be used to provide for full payment for counseling services provided by any mental health provider on the list established under paragraph (2). (B) Additional vouchers.--If a veteran receives a supply of vouchers under the preceding sentence and, not later than five months after receiving such vouchers requests an additional six-month supply of vouchers, the Secretary may issue to the veteran an additional six-month supplies of vouchers, as the Secretary determines is appropriate. (C) Deadline.--The Secretary of Veterans Affairs shall issue the vouchers under this paragraph not later than 30 days after the date of the date on which the veteran requests the vouchers. (2) List of service providers.--The Secretary shall compile and maintain a list of mental health care providers, including family counseling providers, who have entered into an agreement with the Secretary to accept the vouchers issued under paragraph (1) as payment in full for visits to the provider for mental health counseling. (3) Compliance with department protocols.--Each mental health care provider on the list maintained by the Secretary under paragraph (2) shall comply with applicable protocols of the Department of Veterans Affairs before incurring any liability on behalf of the Department for the provision of services as part of the pilot program. (d) Family Counseling.--If a certified mental health provider or the Secretary of Veterans Affairs has recommended that an eligible veteran and the veteran's family receive family counseling, that veteran may use a voucher provided under subsection (c) as payment in full for visits to a family counseling provider on the list maintained under paragraph (2) of such subsection for such counseling. (e) Rate of Provider Reimbursement.--The Secretary of Veterans Affairs shall provide for payment under the voucher of a mental health provider at the reimbursement rate (if any) in effect under the TRICARE program under chapter 55, of title 10, United States Code, for such services (or similar services) of such a provider in the area or, in the absence of such a reimbursement rate, at the payment rates for such services (or similar services) in effect under part B of title XVIII of the Social Security Act. In order to receive payment under a voucher, a mental health provider shall submit to the Secretary the voucher bearing the signature of the provider and the veteran who received counseling from the provider in exchange for the voucher. (f) Veterans Integrated Service Networks.--The Secretary shall carry out the pilot program under this section in Veterans Integrated Service Networks 1, 4, 7, 12, 17, 20, and 23. (g) Termination; Extension.-- (1) Termination.--The authority of the Secretary to carry out a pilot program under this subsection shall terminate on the date that is five years after the date of enactment of this section. (2) Study; Extension.--Not later than four years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a study on the effectiveness of the pilot program under this section, in which the Secretary shall recommend whether the program should be extended or expanded. Notwithstanding paragraph (1), if the Secretary determines the program should be extended or expanded, the Secretary may extend or expand the existing program.", "summary": "Rural Veterans Health Care Access Act of 2007 - Directs the Secretary of Veterans Affairs (Secretary) to establish and implement a pilot program to provide mental health counseling services to eligible veterans at non-Department of Veterans Affairs (VA) medical facilities. Defines \"eligible veteran\" as one who: (1) served on active duty in support of a contingency operation; (2) is eligible to receive hospital care and medical services; (3) has been diagnosed with a mental health condition and recommended to receive mental health counseling; and (4) resides at least 30 miles from a VA medical facility that employs a full-time mental health professional. Requires the Secretary to issue to an eligible veteran a six-month supply of vouchers to be used to pay for counseling (including family counseling) services provided by the mental health provider. Requires the Secretary to conduct a study on the effectiveness of the pilot program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Expand School Meals Act of 2009''. SEC. 2. FREE LUNCH ELIGIBILITY. (a) In General.--Section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (D); (2) by striking ``(b)(1)(A) Not'' and inserting the following: ``(b) Income Eligibility Guidelines.-- ``(1) Establishment.-- ``(A) In general.--Not''; (3) in subparagraph (A)-- (A) in the first sentence, by striking ``and reduced price''; (B) by striking ``The income guidelines for determining eligibility for free lunches shall be 130 percent'' and inserting the following: ``(B) Free lunches.--The income guidelines for determining eligibility for free lunches shall be 185 percent.''; (C) by striking the third sentence; and (D) by striking ``The Office'' and inserting the following: ``(C) Frequency of revisions.--The Office''; and (4) in subparagraph (D) (as redesignated by paragraph (1))-- (A) by striking ``(D) The'' and inserting the following: ``(D) Amount of revisions.--The''; and (B) by striking ``subparagraph (A) of this paragraph'' and inserting ``subparagraph (C)''. (b) Conforming Amendments.-- (1) Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended-- (A) in subsection (b)-- (i) by striking ``free and reduced price'' each place it appears (other than paragraph (7)) and inserting ``free''; (ii) by striking ``free or reduced price'' each place it appears and inserting ``free''; (iii) in paragraph (2)(B)(i), by striking ``, and shall contain'' and all that follows through ``or reduced price lunches''; (iv) in paragraph (3)-- (I) in subparagraph (E)(iii), by striking ``free or reduced-price'' each place it appears and inserting ``free''; and (II) in subparagraph (F)-- (aa) in clause (i), by striking ``Subject to clauses (ii) and (iii)'' and inserting ``Subject to clause (ii),''; (bb) in clause (ii)(II), by striking ``133 percent'' both places it appears in items (aa) and (bb) and inserting ``185 percent''; (cc) by striking clause (iii); and (dd) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; (v) in paragraph (7)-- (I) in the paragraph heading, by striking ``and reduced price'' and inserting ``meals''; (II) by striking ``and reduced price policy'' each place it appears and inserting ``meals policy''; and (III) in subparagraph (B), by striking ``and reduced price meals'' and inserting ``meals''; (vi) in paragraph (9)-- (I) in the paragraph heading, by striking ``and reduced price''; (II) by striking subparagraph (B); and (III) by redesignating subparagraph (C) as subparagraph (B); (vii) in paragraph (10), by striking ``or a reduced price lunch''; and (viii) in paragraph (11), in the first sentence, by striking ``or reduced price lunches''; (B) in subsection (c), in the third sentence, by striking ``or at a reduced cost''; (C) in subsection (d), by striking ``or reduced price'' each place it appears; and (D) in subsection (e), by striking ``, reduced price,''. (2) Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in subparagraph (A), by striking ``and the product obtained by multiplying'' and all that follows through ``for such fiscal year''; (II) in subparagraph (B)-- (aa) by striking ``or reduced price lunches'' the first place it appears; (bb) by striking ``or reduced price lunches, as the case may be''; and (cc) by striking ``and reduced price lunches''; (III) in subparagraph (C)-- (aa) in clause (ii), by striking ``or reduced price lunches or breakfasts'' each place it appears; and (bb) in clause (iii), by striking ``or reduced price''; and (IV) in subparagraph (D), by striking ``and reduced price lunches'' each place it appears in clauses (iii) and (iv); (ii) in paragraph (2), by striking ``and the special assistance factor for reduced price'' and all that follows through ``free lunches''; and (iii) in paragraph (3)(B)(iii)(I), by striking ``or reduced price''; (B) in subsection (b), in the first sentence, by striking ``and reduced price''; (C) in subsection (d), by striking ``and the average number of children who received reduced price lunches'' each place it appears paragraphs (1) and (2); and (D) in subsection (e)-- (i) in the second sentence, by striking ``, and shall serve meals at a reduced price'' and all that follows through ``such section''; and (ii) in the third sentence, by striking ``or reduced priced''. (3) Section 12(l)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(4)) is amended-- (A) in subparagraph (C), by striking ``and reduced price''; (B) by striking subparagraph (D); (C) in subparagraph (H), by striking ``or reduced price''; and (D) by redesignating subparagraphs (E) through (M) as subparagraphs (D) through (L). (4) Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended-- (A) in subsection (a)-- (i) in paragraph (1)(C)-- (I) by striking ``or reduced price''; and (II) by striking ``and reduced price''; and (ii) in paragraph (5), by striking ``or reduced price''; and (B) in subsection (f)(3), by striking ``or reduced price''. (5) Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended-- (A) in subsection (a)(2)(B)(i), by striking ``or reduced price''; (B) in subsection (c)-- (i) in paragraph (1), by inserting ``(as calculated on the day before the date of enactment of the Expand School Meals Act of 2009)'' after ``lunches, reduced price lunches''; (ii) in paragraph (2), by inserting ``(as calculated on the day before the date of enactment of the Expand School Meals Act of 2009)'' after ``breakfasts, reduced price breakfasts''; and (iii) by striking paragraph (4) and inserting the following: ``(4) Determinations.-- ``(A) Free meals.--Determinations with regard to eligibility for free meals and supplements shall be made in accordance with the income eligibility guidelines for free lunches under section 9. ``(B) Reduced price meals.--Determinations with regard to eligibility for reduced price meals and supplements shall be made in accordance with the income eligibility guidelines for reduced price lunches under section 9, as in effect on the day before the date of enactment of the Expand School Meals Act of 2009.''; (C) in subsection (f)(3)-- (i) by striking ``or reduced price'' each place it appears; and (ii) in subparagraph (A)(iii)(II)(aa), in the item heading, by striking ``or reduced price''; and (D) in subsection (r)(1)(B), by striking ``or reduced price''. (6) Section 17A(c)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766a(c)(1)) is amended in the matter preceding subparagraph (A) by striking ``or reduced price''. (7) Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (i). (8) Section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) is amended-- (A) by striking ``or reduced price'' each place it appears; and (B) by striking ``and reduced price'' each place it appears. (9) Section 20(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b(b)) is amended by striking ``and reduced price''. (10) Section 21(a)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b-1(a)(1)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``or reduced price''; and (B) in clause (iii), by striking ``and reduced price''. (c) Transition Rules.--The Secretary of Agriculture shall carry out the amendments made by paragraphs (2) and (8) of subsection (b) in accordance with transition rules established by the Secretary. SEC. 3. FREE BREAKFAST ELIGIBILITY. (a) In General.--Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1733) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (A)(i)(II)-- (I) by striking ``, for reduced price breakfasts,''; and (II) by striking ``or reduced price''; (ii) in subparagraph (B)-- (I) in the third sentence, by striking ``or reduced price''; and (II) by striking the second sentence; (iii) by striking subparagraph (C); (iv) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (v) in subparagraph (D) (as so redesignated)-- (I) in the subparagraph heading, by striking ``and reduced price'' and inserting ``meals''; (II) by striking ``and reduced price policy'' each place it appears and inserting ``meals policy''; and (III) by striking ``and reduced price meals'' and inserting ``meals''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``or reduced price''; and (ii) by striking subparagraph (C); and (2) in subsections (d)(1)(A) and (e)(1)(A), by striking ``or at a reduced price'' each place it appears. (b) Conforming Amendments.-- (1) Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended-- (A) in subsection (e)(2)(B)(ii), by striking ``or reduced price''; and (B) in subsection (i), by striking ``and reduced price'' each place it appears in paragraphs (2)(B)(iii) and (3)(B)(i). (2) Section 17(d)(2)(A)(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)(i)) is amended by striking ``and reduced price''. (3) Section 20(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1789(b)) is amended by striking ``and reduced-price''.", "summary": "Expand School Meals Act of 2009 - Amends the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to expand eligibility for free meals under the school lunch and breakfast programs to children whose family income falls at or below 185% of the federal poverty guidelines. (This makes children who are currently eligible for reduced price meals eligible for free meals.)"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Program Reauthorization and Environmental Accountability Act of 2005''. SEC. 2. CHESAPEAKE BAY ENVIRONMENTAL ACCOUNTABILITY AND REPORTING REQUIREMENTS. Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1267) is amended-- (1) by redesignating subsection (j) as subsection (l); (2) in subsection (e)(7), by inserting ``by the Federal Government or a State government'' after ``funded'' each place it appears; and (3) by inserting after subsection (i) the following: ``(j) Environmental Accountability.-- ``(1) Implementation plan.-- ``(A) In general.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall complete a plan for achieving the nutrient and sediment reduction goals described in the agreement entered into by the Chesapeake Executive Council entitled `Chesapeake 2000' and dated June 28, 2000. ``(B) Inclusions.--The plan shall include-- ``(i) a timeline identifying-- ``(I) annual goals for achieving the overall nutrient and sediment reduction goals; and ``(II) the estimated annual costs of reaching the annual goals identified under subclause (I); ``(ii) a description of any measure, including monitoring or modeling, that the Administrator will use to assess progress made toward achieving a goal described in subparagraph (A) in-- ``(I) each jurisdictional tributary strategy basin of the Chesapeake Bay; and ``(II) the Chesapeake Bay watershed as a whole; and ``(iii) a description of any Federal or non-Federal activity necessary to achieve the nutrient and sediment reduction goals, including an identification of any party that is responsible for carrying out the activity. ``(2) Annual tributary health report card.-- ``(A) In general.--Not later than January 31 of each year, the Administrator shall publish and widely circulate a `tributary health report card' to evaluate, based on monitoring and modeling data, progress made during the preceding year (including any practice implemented during the year), and overall progress made, in achieving and maintaining nutrient and sediment reduction goals for each major tributary of the Chesapeake Bay and each separable segment of such a tributary. ``(B) Baseline.--The baseline for the report card (referred to in this paragraph as the `baseline') shall be the tributary cap load allocation agreement numbered EPA 903-R-03-007, dated December 2003, and entitled `Setting and Allocating the Chesapeake Bay Basin Nutrient and Sediment Loads: The Collaborative Process, Technical Tools and Innovative Approaches'. ``(C) Inclusions.--The report card shall include, for each jurisdictional tributary strategy basin of the Chesapeake Bay-- ``(i) an identification of the total allocation of nutrients and sediments under the baseline; ``(ii) the monitored and modeled quantities of nitrogen, phosphorus, and sediment reductions achieved during the preceding year, expressed numerically and as a percentage of reduction; ``(iii) a list (organized from least to most progress made) that ranks the comparative progress made, based on the percentage of reduction under clause (ii), by each jurisdictional tributary strategy basin toward meeting the annual allocation goal of that jurisdictional tributary strategy basin for nitrogen, phosphorus, and sediment; and ``(iv) to the maximum extent practicable, an identification of the principal sources of pollutants of the tributaries, including airborne sources of pollutants. ``(D) Use of data; consideration.--In preparing the report, the Administrator shall-- ``(i) use monitoring data and data submitted under paragraph (3)(A); and ``(ii) take into consideration drought and wet weather conditions. ``(3) Actions by states.-- ``(A) Submission of information.--Not later than December 31 of each year, each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the District of Columbia shall submit to the Administrator information describing, for each jurisdictional tributary strategy basin of the Chesapeake Bay located in the State or District, for the preceding year-- ``(i) the nutrient and sediment cap load allocation of the jurisdictional tributary strategy basin; ``(ii) the principal sources of nutrients and sediment in the jurisdictional tributary strategy basin, by category; ``(iii) for each category of pollutant source, the technologies or practices used to achieve reductions, including levels of best management practices implementation and sewage treatment plant upgrades; and ``(iv) any Federal, State, or non-Federal funding used to implement a technology or practice described in clause (iii). ``(B) Audit.--Not later than 1 year after the date of enactment of this subparagraph, and triennially thereafter, the Inspector General of the Environmental Protection Agency shall audit the information submitted by States under subparagraph (A) for accuracy. ``(C) Failure to act.--The Administrator shall not make a grant to a State under this Act if the State fails to submit any information in accordance with subparagraph (A). ``(k) Reporting Requirements.-- ``(1) Office of management and budget.-- ``(A) Initial report.--Not later than 180 days after the date of enactment of this subsection, the Director of the Office of Management and Budget shall submit to the appropriate committees of the Senate and the House of Representatives a report describing the feasibility and advisability of-- ``(i) combining into a single fund certain or all funds (including formula and grant funds) made available to each Federal agency to carry out restoration activities relating to the Chesapeake Bay; and ``(ii) notwithstanding any issue relating to jurisdiction, distributing amounts from that fund in accordance with the priority of water quality improvement activities identified under the Chesapeake Bay Program. ``(B) Annual report.--Not later than February 15 of each year, the Director of the Office of Management and Budget shall submit to the appropriate committees of the Senate and the House of Representatives a report containing-- ``(i) an interagency crosscut budget that displays the proposed budget for use by each Federal agency in carrying out restoration activities relating to the Chesapeake Bay for the following fiscal year; and ``(ii) a detailed accounting of all funds received and obligated by Federal and State governments (including formula and grant funds, such as State revolving loan funds and agriculture conservation funds) to achieve the objectives of the Chesapeake Bay Program during the preceding fiscal year. ``(2) Environmental protection agency.--Not later than April 15 of each year, the Administrator, in cooperation with appropriate Federal agencies, as determined by the Administrator, shall submit to the appropriate committees of the Senate and the House of Representatives a report containing-- ``(A)(i) an estimate of the reduction in levels of nutrients and sediments in the Chesapeake Bay and its tributaries; and ``(ii) a comparison of each estimated reduction under clause (i) and the appropriate annual goal described in the implementation plan under subsection (j)(1); ``(B) based on review by the Administrator of the budget and implementation plans of each Federal agency, and any tributary strategy of an appropriate State agency-- ``(i) an estimate of the reductions in pollutants likely to occur as a result of each program of an agency under this section during the subsequent 1-year and 5-year periods, including-- ``(I) an analysis of the success or failure of each program in achieving nutrient and sediment reduction; and ``(II) an estimated timeline during which a reduction in nutrient and sediment pollution will occur; and ``(ii) accounting for other trend data, an estimate of the actual reduction in the quantities of nutrients and sediments in the Chesapeake Bay and its tributaries from all sources that has occurred over the preceding 1- year and 5-year periods; and ``(C) the technical basis and reliability of each estimate under this paragraph.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1267) is amended by striking subsection (l) (as redesignated by section 2) and inserting the following: ``(l) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2006 through 2010, to remain available until expended.''.", "summary": "Chesapeake Bay Program Reauthorization and Environmental Accountability Act of 2005 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) complete a plan for achieving the nutrient and sediment reduction goals described in the Chesapeake 2000 Agreement; (2) publish and circulate an annual tributary health report card to evaluate progress made in achieving and maintaining nutrient and sediment reduction goals for each major tributary of the Chesapeake Bay; and (3) make annual reports to Congress on nutrient and sediment reduction in the Chesapeake Bay. Requires the states of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the District of Columbia to submit information to the Administrator annually on actions taken by such states to achieve nutrient and sediment reductions in the Chesapeake Bay. Directs the Office of Management and Budget to report to Congress on the funding of restoration activities in the Chesapeake Bay. Increases and extends through FY2010 the authorization of appropriations for the Chesapeake Bay Program."}
{"article": "SECTION 1. FINDINGS. Congress makes the following findings: (1) Title 38, United States Code, authorizes the Secretary of Veterans Affairs to furnish hospital and domiciliary care, medical services, nursing home care, and related services to eligible and enrolled veterans, but such services can only be provided to the extent that appropriated resources and facilities are available for such purposes. (2) For 19 out of the past 21 fiscal years, Congress has not appropriated funds for medical care provided by the Department of Veterans Affairs before the commencement of the new fiscal year, causing the Department great challenges in planning and managing health care for enrolled veterans, to the detriment of those veterans. (3) The cumulative effects of insufficient, late and unpredictable health care funding endanger the viability of the system and the specialized health care resources the Department has developed to maintain and improve the health of the Nation's sick and disabled veterans. (4) Approved appropriation levels for the health care programs of the Department have too often proven insufficient over the past decade, requiring the Secretary of Veterans Affairs to ration health care services and Congress to approve supplemental appropriations. (5) Providing sufficient, timely, and predictable funding would ensure the government meets its obligation to provide health care to sick and disabled veterans and ensure that all veterans enrolled for care in the Department of Veterans Affairs health care system have ready access to timely, quality services. (6) Providing sufficient, timely, and predictable funding to the veterans health care system would eliminate year-to-year uncertainty on funding levels that has prevented the Department of Veterans Affairs from being able to adequately plan for and meet the needs of veterans who are enrolled in the Department health care system. SEC. 2. TWO-FISCAL YEAR BUDGET AUTHORITY FOR CERTAIN MEDICAL CARE ACCOUNTS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Two-Fiscal Year Budget Authority.-- (1) In general.--Chapter 1 of title 38, United States Code, is amended by inserting after section 113 the following new section: ``Sec. 113A. Two-fiscal year budget authority for certain medical care accounts ``(a) In General.--Beginning with fiscal year 2010, new discretionary budget authority provided in an appropriations Act for the appropriations accounts of the Department specified in subsection (b) shall be made available for the fiscal year involved and shall include new discretionary budget authority first available after the end of such fiscal year for the subsequent fiscal year. ``(b) Medical Care Accounts.--The medical care accounts of the Department specified in this subsection are the medical care accounts of the Veterans Health Administration as follows: ``(1) Medical Services. ``(2) Medical Administration. ``(3) Medical Facilities.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 113 the following new item: ``113A. Two-fiscal year budget authority for certain medical care accounts.''. SEC. 3. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON ADEQUACY AND ACCURACY OF BASELINE MODEL PROJECTIONS OF THE DEPARTMENT OF VETERANS AFFAIRS FOR HEALTH CARE EXPENDITURES. (a) Study of Adequacy and Accuracy of Baseline Model Projections.-- The Comptroller General of the United States shall conduct a study of the adequacy and accuracy of the budget projections made by the Enrollee Health Care Projection Model, or its equivalent, as utilized for the purpose of estimating and projecting health care expenditures of the Department of Veterans Affairs (in this section referred to as the ``Model'') with respect to the fiscal year involved and the subsequent four fiscal years. (b) Reports.-- (1) In general.--Not later than the date of each year in 2010, 2011, and 2012, on which the President submits the budget request for the next fiscal year under section 1105 of title 31, United States Code, the Comptroller General shall submit to the appropriate committees of Congress and to the Secretary a report. (2) Elements.--Each report under this paragraph shall include, for the fiscal year beginning in the year in which such report is submitted, the following: (A) A statement whether the amount requested in the budget of President for expenditures of the Department for health care in such fiscal year is consistent with anticipated expenditures of the Department for health care in such fiscal year as determined utilizing the Model. (B) The basis for such statement. (C) Such additional information as the Comptroller General determines appropriate. (3) Availability to the public.--Each report submitted under this subsection shall also be made available to the public. (4) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committees on Veterans' Affairs, Appropriations, and the Budget of the Senate; and (B) the Committees on Veterans' Affairs, Appropriations, and the Budget of the House of Representatives.", "summary": "Requires, beginning with FY2010, a two-fiscal-year budget authority for the following accounts of the Department of Veterans Affairs (VA): (1) Medical Services; (2) Medical Administration; and (3) Medical Facilities. Requires the Comptroller General to conduct a study on the adequacy and accuracy of VA baseline model projections for health care expenditures."}
{"article": "SECTION 1. STUDY AND REPORT ON FILING REQUIREMENTS UNDER UNIVERSAL SERVICE FUND PROGRAMS. (a) Definitions.--In this section-- (1) the term ``Administrative Procedure Act'' means subchapter II of chapter 5 of title 5, United States Code; (2) the term ``Commission'' means the Federal Communications Commission; (3) the term ``covered carrier'' means an eligible telecommunications carrier or service provider that receives universal service support under sections 214(e) and 254 of the Communications Act of 1934 (47 U.S.C. 214(e) and 254) for the provision of service under a Universal Service Fund program; and (4) the term ``Universal Service Fund program'' means each program of the Commission set forth under part 54 of title 47, Code of Federal Regulations, or any successor thereto, including-- (A) the Connect America Fund set forth under subpart D of that part; (B) the Lifeline program set forth under subpart E of that part; (C) the E-Rate program set forth under subpart F of that part; (D) the Rural Health Care program set forth under subpart G of that part; (E) the Remote Areas Fund set forth under subpart J of that part; (F) the Connect America Fund Broadband Loop Support program set forth under subpart K of that part; (G) the Mobility Fund set forth under subpart L of that part; and (H) the High Cost Loop Support for Rate-of-Return Carriers program set forth under subpart M of that part. (b) Study and Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Commission, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report, which shall include-- (1) an analysis of the filing requirements for covered carriers participating in a Universal Service Fund program, including any filings required by the Universal Service Administrative Company; (2) an analysis of the financial impact of those filing requirements on covered carriers participating in a Universal Service Fund program; and (3) recommendations, if any, on how to consolidate redundant filing requirements for covered carriers participating in a Universal Service Fund program. (c) Rulemaking.-- (1) New or ongoing rulemaking.--Except as provided in paragraph (3), not later than 60 days after the date on which the report is submitted under subsection (b), the Commission shall-- (A)(i) initiate a rulemaking to consolidate redundant filing requirements for covered carriers participating in a Universal Service Fund program; and (ii) incorporate into the rulemaking under clause (i), and as part of that rulemaking seek comment on, the recommendations described in subsection (b)(3), if any, except to the extent that doing so would violate the requirements of the Administrative Procedure Act; or (B) incorporate into an ongoing rulemaking relating to consolidating redundant filing requirements of the Commission, and as part of that rulemaking seek comment on, the recommendations described in subsection (b)(3), if any, except to the extent that doing so would violate the requirements of the Administrative Procedure Act. (2) Waste, fraud, and abuse.--In a rulemaking in which the Commission is required under paragraph (1) to seek comment on the recommendations described in subsection (b)(3), if any, the Commission shall also seek comment on and consider whether the benefit of each recommendation is outweighed by any potential increased risk of waste, fraud, and abuse in the Universal Service Fund program affected by the recommendation. (3) Previous rulemaking.--Paragraph (1) shall not apply if, on or before the date on which the report is submitted under subsection (b), the Commission completes a rulemaking to consolidate redundant filing requirements for covered carriers participating in a Universal Service Fund program. Passed the Senate January 10, 2018. Attest: JULIE E. ADAMS, Secretary.", "summary": "(Sec. 1) This bill requires the Government Accountability Office (GAO) to report to the Federal Communications Commission (FCC) and Congress on the filing requirements for telecommunications carriers or service providers that receive Universal Service Fund support under the Communications Act of 1934 to provide service to qualifying low-income consumers, rural or high-cost areas, rural health care providers, schools, or libraries under the Connect America Fund, Lifeline, E-Rate, Rural Health Care, Remote Areas Fund, Connect America Fund Broadband Loop Support, Mobility Fund, and High Cost Loop Support for Rate-of-Return Carriers programs. The report must analyze the financial impact of those filing requirements and provide any recommendations on how to consolidate redundant filing requirements. After receiving the GAO's report, the FCC must initiate a rulemaking to consolidate redundant filing requirements and incorporate any GAO recommendations that would not violate the Administrative Procedure Act into such rulemaking or any ongoing rulemakings."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Local Government Economic Empowerment Act''. SEC. 2. ELIGIBILITY OF STATE AND LOCAL GOVERNMENTS FOR INTEREST-FREE LOANS. (a) In General.--Subject to subsection (b), each State, county, incorporated municipality, and Indian tribe shall be entitled to obtain a loan under section 3, unless such unit of government is delinquent in repaying a prior loan. (b) Maximum Amount Limitation.--The total amount of money to which any entity described in subsection (a) is entitled to borrow under this section shall not exceed the amount equal to the product of-- (1) the resident population, as determined by the Secretary on the basis of the 2000 census, of the geographic territory over which the entity has jurisdiction; and (2) the amount equal to-- (A) in the case of a State, $200; (B) in the case of a county (as defined in section 2 of title 1, United States Code), $200; (C) in the case of an incorporated municipality, $600; and (D) in the case of an Indian tribe, $1,000. SEC. 3. INTEREST-FREE LOANS. Subject to sections 2(b) and 4, the Secretary shall issue an interest-free loan to any government unit described in section 2(a) if the Secretary obtains such assurances as the Secretary determines to be appropriate from the unit that the proceeds of such loan will be used solely for the purpose of funding capital projects of the governmental unit, including the construction of or improvements to-- (1) streets, highways, bridges, and tunnels; (2) waste water and sewer systems; and (3) infrastructure and other public facilities. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Disbursement Requirements.--Loans made under section 3 shall be disbursed by the Secretary-- (1) in a lump sum for the full amount of the loan; or (2) if the Secretary determines that partial disbursements are appropriate in the case of loans for construction projects in order to accommodate a greater number of loan requests, over the construction period of the project. (b) Minimum Phase-In Period.--Disbursements on all eligible loans made under section 3 shall begin before the end of the 5-year period beginning on the date of enactment of this Act. (c) Period to Maturity.--The period to maturity of any loan made under section 3 shall be the estimated number of years of the useful life of the infrastructure installation (if any) which is financed by the loan, but, in any case, shall be a minimum of 10 years and a maximum of 30 years. (d) Applicability of State Law.--The number or the principal amounts of interest-free loans made under section 3 to any governmental unit established by a State, or the period to maturity of any such loan, may not exceed the maximum number, amount, or period to maturity established under the law of such State, unless the State provides a waiver from any such limitation with respect to any such governmental unit. (e) Administrative Fees.--The Secretary shall impose an administrative fee on each recipient of a loan under section 3 in an amount not to exceed the lesser of-- (1) 0.25 percent of the total amount of the loan; or (2) an amount sufficient to cover all administrative costs incurred by the Secretary, including overhead, for making and administering the loan. (f) Terms of Repayment.--The repayment terms of any loan made under section 3 shall require quarterly payments by the recipient in equal amounts determined by dividing-- (1) the sum of the principal and the administrative fees applicable with respect to such loan; by (2) the number of calendar quarters any portion of which falls within the period to maturity of the loan. (g) Collections of Past Due Amounts and Collection Fees.-- (1) Enforced collections.--The Secretary shall take action to enforce collection of past due amounts of any loan on which 4 or more quarterly payments are due and payable. (2) Impoundment of delinquent amount.--In the case of any delinquent loan described in paragraph (1), the Secretary may seek an order from a district court of the United States of appropriate jurisdiction directing a United States Marshall to impound, under authority of this subsection, any available funds of the debtor in an amount equal to the amount currently due as of the date of such action to reduce or eliminate the delinquency. (3) Waiver of debtor's right to defend against collection.--As a condition for receiving any loan under section 3, the recipient shall waive any right to take any legal action to prevent or defend against the collection by the Secretary of any amount which the parties agree is past due. (4) Cost of collection.--The costs incurred by the Secretary in collecting any amount under this subsection with respect to any loan shall be added to and treated as a part of the principal amount of the loan. (5) Balance of loan principal and fees payable in accordance with terms of loan.--A debtor who is subject to collection proceedings under this subsection for any delinquent portion of a loan under section 3 shall continue to meet the repayment schedule applicable to such loan for the remaining amount of principal and fees. (h) Repayment of Loans.--Loans made under section 3 shall be repaid to the Secretary in accordance with the terms established under this Act and shall be deposited into the Treasury of the United States. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (2) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, pueblo, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (3) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Northern Mariana Islands. SEC. 6. PROGRAM AUTHORITY. In accordance with the provisions of this Act, there are hereby made available, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to make loans to all entities described in section 2(a).", "summary": "State and Local Government Economic Empowerment Act - Directs the Secretary of Commerce to issue an interest-free loan to any State, county, incorporated municipality, or Indian tribe upon obtaining appropriate assurances that the proceeds of the loan will be used solely for funding capital projects, including the construction of or improvements to: (1) streets, highways, bridges, and tunnels; (2) waste water and sewer systems; and (3) infrastructure and other public facilities. Sets maximum loan limitations. Entitles each such unit of government to obtain an interest-free loan unless it is delinquent in repaying a prior loan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Methamphetamine Awareness and Prevention Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Methamphetamine addiction is a growing epidemic in the United States. (2) Existing programs within the Federal Government do not specifically target methamphetamine use in an effective manner, considering the widespread use of the drug. (3) The existing drug policy of the Federal Government focuses on the impact of marijuana as a gateway drug rather than methamphetamine. (4) Methamphetamine use impacts a variety of Federal and State services, from child welfare to addiction, treatment, and housing costing taxpayers millions of dollars every year. (5) The Substance Abuse and Mental Health Services Administration found in 2004 that 1,400,000 persons ages 12 and older used methamphetamine in the past year. (6) Precursor chemicals for the production of methamphetamine vary widely and are easily accessible across the United States. (b) Purpose.--It is the purpose of this Act to prevent the spread of methamphetamine through the establishment of a competitive grant program to identify successful methamphetamine education and awareness campaigns. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part A of title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following: ``SEC. 506C. METHAMPHETAMINE AWARENESS AND PREVENTION. ``(a) Office.-- ``(1) In general.--There is established within the Substance Abuse and Mental Health Services Administration an office to be known as the Methamphetamine Awareness and Prevention Office. The Office shall be headed by a director to be appointed by the Secretary. ``(2) Duties.--In addition to other activities determined appropriate by the Secretary to reduce the use of methamphetamines, the director of the Office shall administer the grant program established under subsection (b). ``(b) Grant Program.-- ``(1) In general.--The director of the Office shall establish a program to award competitive grants to eligible entities for the establishment and implementation of successful methamphetamine education and awareness campaigns to reduce the spread of methamphetamine use. ``(2) Eligibility.--To be eligible for a grant under this subsection an entity shall-- ``(A) be a State or local government or a private nonprofit organization; ``(B) submit to the director of the Office an application in accordance with paragraph (3)(C); and ``(C) provide assurances that the entity will contribute non-Federal funds towards the costs of carrying out activities under the grant in an amount equal to 100 percent of the amount received under the grant. ``(3) Applications.-- ``(A) Process.--Not later than 90 days after the date of enactment of this section, the director of the Office shall solicit applications for grants under this subsection. The director of the Office shall notify an applicant in writing of the reasons why an applicant has failed to be awarded such a grant. ``(B) Evaluation of applications.--In determining whether to award a grant to an applicant under this subsection, the director of the Office shall-- ``(i) evaluate the scope of the education and awareness campaign to be conducted under the grant to ensure that the target audience is reached; ``(ii) consider the duration of the education and awareness campaign involved and the expected positive impact at the State or local level; ``(iii) consider the ability of the applicant to tailor the message to at-risk populations; ``(iv) require a reduced match of 50 percent with respect to applications from rural or underserved areas, such as Indian reservations, with little access to outside capital, and any other areas deemed eligible by the director of the Office; and ``(v) consider the benefit of the applicant's program based on the criteria described in clauses (i) through (iv). ``(C) Contents.--An application submitted under paragraph (2)(B) shall contain-- ``(i) a description of the methamphetamine education and awareness campaign to be funded under the grant and how such campaign will significantly curb methamphetamine use, especially among those vulnerable to using methamphetamine for the first time; ``(ii) a description of the significance of the methamphetamine problem in the area targeted by the applicant's campaign, which may include the use of statistics provided through the annual research of the Administration as well as any statistics collected by the Department of Justice, the Office of National Drug Control Policy, or any other State or local law enforcement agency determined useful by the Office to accurately identify the scope of the methamphetamine problem; ``(iii) a description of the size and characteristics of the target audience (including a focus on pre-teen and teenage populations and populations that are historically vulnerable to first-time use) and the most effective means to reach such audience as determined through the conduct of a thorough review by the applicant prior to the submission of the application; ``(iv) a detailed budget or spending plan for use of grant funds; ``(v) evidence to demonstrate positive outcomes of the campaign; and ``(vi) any other information determined appropriate by the director of the Office. ``(4) Limitation.--An entity may receive not more than one grant in each fiscal year under this subsection. Each such grant shall not exceed $5,000,000. ``(5) Submission of impact reports.--Not later than 90 days after the exhaustion of each grant period, the grant recipient shall submit to the director of the Office a report on the impact of the education and awareness campaign carried out under the grant. Each such report shall include quantitative data to demonstrate, with respect to the campaign, the size of the audience reached, the impact of the campaign, and the reaction to the campaign from the State or local area involved. The director of the Office shall use such impact reports in any subsequent determinations with respect to grant awards. ``(c) Report to Congress.--Not later than 90 days after the end of the first and each subsequent grant cycle under this section, the director of the Office shall submit to the appropriate committees of Congress a report that contains a summary of grant awards under subsection (b) and the impact of such grants on communities throughout the United States. Information contained in the report may be shared among all interested Federal and State entities for use to coordinate effective methamphetamine prevention activities. ``(d) Definitions.--In this section: ``(1) Education and awareness campaign.--The term `education and awareness campaign' means a coordinated effort to reduce methamphetamine use through the use of any media, print, radio, television, Internet-based or any other mode of communication to convey messages to an audience. ``(2) Grant cycle.--The term `grant cycle' means the length of time from the date on which a grant is awarded under this section until the date on which such grant is expended. ``(3) Office.--The term `Office' means the Methamphetamine Awareness and Prevention Office. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $25,250,000 for fiscal year 2006. Of the amount appropriated for such fiscal year, $250,000 shall be made available for the activities of the Office, and $25,000,000 shall be made available for grants under subsection (b).''.", "summary": "Methamphetamine Awareness and Prevention Act of 2006 - Amends the Public Health Service Act to establish the Methamphetamine Awareness and Prevention Office within the Substance Abuse and Mental Health Services Administration. Requires the Director of the Office to establish a program to award competitive matching grants to states, local governments, and private nonprofit organizations for the establishment and implementation of methamphetamine education and awareness campaigns to reduce the spread of methamphetamine use. Limits a recipient to one grant each fiscal year. Requires recipients to report to the Director on the impact of the campaign carried out under the grant."}
{"article": "SECTION 1. TWO-YEAR ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE FOR MEMBERS OF THE ARMED FORCES SERVING IN AREAS AFFECTED BY HURRICANES KATRINA AND RITA. Section 1710(e) of title 38, United States Code, is amended-- (1) by adding at the end of paragraph (1) the following new subparagraph: ``(F) Subject to paragraphs (2) and (3), a member of the Armed Forces (including a member ordered to duty under section 502(f) of title 32) who is performing duty in response to a disaster or emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) after August 28, 2005, in an area affected by Hurricane Katrina or Hurricane Rita is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability is attributable to such duty.''; (2) by adding at the end of paragraph (2) the following new subparagraph: ``(C) In the case of a member of the Armed Forces described in paragraph (1)(F), hospital care, medical services, and nursing home care may not be provided under subsection (a)(2)(F) with respect to a disability that is found, in accordance to guidelines issued by the Under Secretary for Health, to have resulted from a cause other than duty described in that paragraph.''; (3) in paragraph (3)-- (A) by striking ``and'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(E) in the case of care for a veteran described in paragraph (1)(F), after a period of two years beginning on the date of the veteran's discharge or release from duty described in that paragraph.''; and (4) by adding at the end of paragraph (4) the following new subparagraph: ``(C) The term `area affected by Hurricane Katrina or Hurricane Rita' means an area designated for individual assistance or public assistance by Federal Disaster Declaration notice 1602, 1603, 1604, 1605, 1606, or 1607 issued by the Director of the Federal Emergency Management Agency in August and September 2005.''. SEC. 2. HEALTH ASSESSMENT OF SERVICEMEMBERS EXPOSED TO ENVIRONMENTAL HAZARDS ASSOCIATED WITH DUTY IN AREAS AFFECTED BY HURRICANES KATRINA AND RITA. (a) Purpose.--The purpose of this section is to provide for the National Academy of Sciences, an independent nonprofit scientific organization with appropriate expertise which is not part of the Federal Government, to review and make recommendations for health surveillance of members of the uniformed services who may be exposed to environmental hazards as the result of duty in areas affected by Hurricanes Katrina and Rita in 2005. (b) Assessment by National Academy of Sciences.--The Secretary of Veterans Affairs and the Secretary of Defense shall seek to enter into an agreement with the National Academy of Sciences for the Academy to perform the activities specified in this section. The Secretaries shall seek to enter into the agreement not later than 60 days after the date of the enactment of this Act. (c) Duties Under Agreement.--Under the agreement under subsection (b), the National Academy of Sciences shall do the following: (1) Review and assess available data on environmental exposures and adverse health effects that could reasonably be expected to be incurred by members of the uniformed services assigned to duty (including duty under section 502(f) of title 32, United States Code) during the period beginning August 28, 2005, and ending on December 31, 2005, in any county designated by the Director of the Federal Emergency Management Agency as a Federal disaster county for individual or public assistance as the result of Hurricane Katrina or Hurricane Rita. (2) Describe the appropriate criteria for identification of members of the uniformed services covered by paragraph (1) and appropriate data to be collected and maintained for such members and make recommendations for the development of a registry which could be used to monitor morbidity and mortality data for such members. (3) Make recommendations concerning the establishment, location, and content of a data registry and policies and procedures for the ongoing periodic health surveillance of members covered by paragraph (1). (d) Report.--Not later than 180 days after the date of the entry into effect of the agreement referred to in subsection (a), the National Academy of Sciences shall submit to the Secretaries a report on the activities of the National Academy of Sciences under the agreement, including the results of the activities specified in subsection (c). (e) Recommendations for Additional Scientific Studies.--The Academy shall make any recommendations it has for additional scientific studies to resolve areas of continuing scientific uncertainty relating to environmental toxic exposure in hurricane affected areas referred to in subsection (c)(1). In making recommendations for further study, the Academy shall consider the scientific information that is currently available, the value and relevance of the information that could result from additional studies, and the cost and feasibility of carrying out such additional studies. (f) Alternative Contract Scientific Organization.--If the Secretaries are unable within the time period prescribed in subsection (b) to enter into an agreement with the National Academy of Sciences for the purposes of this section on terms acceptable to the Secretaries, the Secretaries shall seek to enter into an agreement for the purposes of this section with another appropriate scientific organization that is not part of the Government and operates as a not- for-profit entity and that has expertise and objectivity comparable to that of the National Academy of Sciences. If the Secretaries enter into such an agreement with another organization, then any reference in this section to the National Academy of Sciences shall be treated as a reference to the other organization. SEC. 3. ANNUAL REPORT ON HEALTH CARE FROM THE DEPARTMENT OF VETERANS AFFAIRS TO HURRICANE-AFFECTED MEMBERS OF THE NATIONAL GUARD. (a) Data Base.--The Secretary of Veterans Affairs shall develop and maintain a data base of members of the Armed Forces who are provided health care by the Department of Veterans Affairs pursuant to section 1710(e)(1)(F) of title 38, United States Code, as added by section 1. (b) Annual Report.--Not later than January 1 of each year from 2007 through 2009, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on members of the Armed Forces who are provided health care by the Department of Veterans Affairs pursuant to section 1710(e)(1)(F) of title 38, United States Code, as added by section 1. Each such report shall include the following: (1) The total number of veterans who sought treatment in Department of Veterans Affairs health care facilities pursuant to section 1710(e)(1)(F) of title 38, United States Code, as added by section 1, during the preceding fiscal year and cumulatively, set forth by the number of veterans per fiscal year and the health-care eligibility category under which such care was provided. (2) The cost of health care furnished to veterans pursuant to such section during the preceding fiscal year and cumulatively, including the costs for veterans who would not have been eligible for enrollment for such care under limitations imposed by the Secretary of Veterans Affairs for veterans eligible for health care from the Department only under section 1710(a)(3) of title 38, United States Code.", "summary": "Makes a member of the Armed Forces who is performing duty in response to a disaster or emergency declaration after August 28, 2005, in an area affected by Hurricane Katrina or Rita eligible for hospital care, medical services, and nursing home care for any disability, notwithstanding insufficient medical evidence to conclude that the disability is attributable to such duty. Prohibits such care or services with respect to a disability found to have resulted from a cause other than such duty. Terminates eligibility two years after the member's discharge or release from such duty. Directs the Secretaries of Defense and Veterans Affairs to enter into an agreement with the National Academy of Sciences to review and make recommendations for the health surveillance of members who may be exposed to environmental hazards as the result of duty in areas affected by Hurricanes Katrina and Rita in 2005. Requires the Secretary of Veterans Affairs to maintain a database of members provided health care by the Department of Veterans Affairs pursuant to such duty."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Suburban and Community Forestry and Open Space Initiative Act of 2001''. SEC. 2. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE. The Cooperative Forestry Assistance Act of 1978 is amended by inserting after section 7 (16 U.S.C. 2103c) the following: ``SEC. 7A. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a State (including a political subdivision) or nonprofit organization that the Secretary determines under subsection (c)(1)(A)(ii) is eligible to receive a grant under subsection (c)(2). ``(2) Indian tribe.--The term `Indian tribe'-- ``(A) in the case of the State of Alaska, means a Native corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)); and ``(B) in the case of any other State, has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(3) Private forest land.--The term `private forest land' means land that is-- ``(A)(i) covered by trees; or ``(ii) suitable for growing trees, as determined by the Secretary; ``(B) suburban, as determined by the Secretary; and ``(C) owned by-- ``(i) a private entity; or ``(ii) an Indian tribe. ``(4) Program.--The term `program' means the Suburban and Community Forestry and Open Space Initiative established by subsection (b). ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Chief of the Forest Service. ``(b) Establishment.-- ``(1) In general.--There is established within the Forest Service a program to be known as the `Suburban and Community Forestry and Open Space Initiative'. ``(2) Purpose.--The purpose of the program is to provide assistance to eligible entities to carry out projects and activities to-- ``(A) identify and preserve private forest land; and ``(B) contain suburban sprawl. ``(c) Grant Program.-- ``(1) Identification of eligible private forest land.-- ``(A) In general.--The Secretary, in consultation with State foresters or equivalent State officials and State planning offices, shall establish criteria for-- ``(i) the identification, subject to subparagraph (B), of private forest land in each State that may be preserved under this section; and ``(ii) the identification of eligible entities. ``(B) Conditions for eligible private forest land.--Private forest land identified for preservation under subparagraph (A)(i) shall be land that is-- ``(i) located in an area that is affected, or threatened to be affected, by significant suburban sprawl, as determined by the appropriate planning office of the State in which the private forest land is located; and ``(ii) threatened by present or future conversion to nonforest use. ``(2) Grants.-- ``(A) Projects and activities.-- ``(i) In general.--In carrying out this section, the Secretary shall award grants to eligible entities to carry out a project or activity described in clause (ii). ``(ii) Types.--A project or activity referred to in clause (i) is a project or activity that-- ``(I) is carried out to preserve private forest land or contain suburban sprawl; and ``(II) provides for guaranteed public access to land on which the project or activity is carried out, unless the appropriate State planning office requests, and provides justification for the request, that that requirement be waived. ``(B) Application.--An eligible entity that seeks to receive a grant under this section shall submit to the Secretary, in such form as the Secretary shall prescribe, an application for the grant (including a description of any private forest land to be preserved using funds from the grant). ``(C) Approval or disapproval.-- ``(i) In general.--Subject to clause (ii), as soon as practicable after the date on which the Secretary receives an application under subparagraph (B) or a resubmission under subclause (II)(bb), the Secretary shall-- ``(I)(aa) approve the application; and ``(bb) award a grant to the applicant; or ``(II)(aa) disapprove the application; and ``(bb) provide the applicant a statement that describes the reasons why the application was disapproved (including a deadline by which the applicant may resubmit the application). ``(ii) Priority.--In awarding grants under this section, the Secretary shall give priority to applicants that propose to fund projects and activities that promote, in addition to the primary purposes of preserving private forest land and containing suburban sprawl-- ``(I) the active management, in a sustainable manner, of private forest land; ``(II) community and school education programs and curricula relating to sustainable forestry; and ``(III) community involvement in determining the care and management of forest resources. ``(3) Cost sharing.-- ``(A) In general.--The Federal share of the cost of carrying out any project or activity using funds from a grant awarded under this section shall not exceed \\1/2\\ of the total cost of the project or activity. ``(B) Assurances of non-federal share.--As a condition of receipt of a grant under this section, an eligible entity shall provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the non-Federal share of the cost of each project or activity to be funded by the grant has been secured. ``(C) Form of non-federal share.--The non-Federal share of the cost of carrying out any project or activity described in subparagraph (A) may be provided in cash or in kind. ``(d) Use of Grant Funds for Purchases of Land or Easements.-- ``(1) Purchases.-- ``(A) In general.--Except as provided in subparagraph (B), funds made available, and grants awarded, under this section may be used to purchase private forest land or interests in private forest land (including conservation easements) only from willing sellers at fair market value. ``(B) Sales at less than fair market value.--A sale of private forest land or an interest in private forest land at less than fair market value shall be permitted only on certification by the landowner that the sale is being entered into willingly and without coercion. ``(2) Title.--Title to private forest land or an interest in private forest land purchased under paragraph (1) may be held, as determined appropriate by the Secretary, by-- ``(A) a State (including a political subdivision of a State); or ``(B) a nonprofit organization. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $50,000,000 for fiscal year 2003; and ``(2) such sums as are necessary for each fiscal year thereafter.''.", "summary": "Suburban and Community Forestry and Open Space Initiative Act of 2001 - Amends the Cooperative Forestry Assistance Act of 1978 to establish in the Forest Service the Suburban and Community Forestry and Open Space Initiative, which shall provide grants to preserve private forest land and contain suburban sprawl."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hunt Unrestricted on National Treasures Act'' or the ``HUNT Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal public land management agency.--The term ``Federal public land management agency'' means any of the National Park Service, the United States Fish and Wildlife Service, the Forest Service, and the Bureau of Land Management. (2) Travel management plan.--The term ``travel management plan'' means a plan for the management of travel-- (A) with respect to land under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36, Code of Federal Regulations (or successor regulations); (B) with respect to land under the jurisdiction of the United States Fish and Wildlife Service, on the land under a comprehensive conservation plan prepared under section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e)); (C) with respect to land under the jurisdiction of the Forest Service, on National Forest System land under part 212 of title 36, Code of Federal Regulations (or successor regulations); and (D) with respect to land under the jurisdiction of the Bureau of Land Management, under a resource management plan developed under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). SEC. 3. REPORT ON PUBLIC ACCESS AND EGRESS TO FEDERAL PUBLIC LAND. (a) Report.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, each head of a Federal public land management agency shall make available to the public on the website of the Federal public land management agency a report that includes-- (1) a list of the location and acreage of land more than 640 acres in size under the jurisdiction of the Federal public land management agency on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes-- (A) to which there is no public access or egress; or (B) to which public access or egress to the legal boundaries of the land is significantly restricted (as determined by the head of the Federal public land management agency); (2) with respect to land described in paragraph (1), a list of the locations and acreage on the land that the head of the Federal public land management agency determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) with respect to land described in paragraph (2), a plan developed by the Federal public land management agency that-- (A) identifies how public access and egress could reasonably be provided to the legal boundaries of the land in a manner that minimizes the impact on wildlife habitat and water quality; (B) specifies the actions recommended to secure the access and egress, including acquiring an easement, right-of-way, or fee title from a willing owner of any land that abuts the land or the need to coordinate with State land management agencies or other Federal or State governmental entities to allow for such access and egress; and (C) is consistent with the travel management plan in effect on the land. (b) List of Public Access Routes for Certain Land.--Not later than 1 year after the date of enactment of this Act, each head of a Federal public land management agency shall make available to the public on the website of the Federal public land management agency, and thereafter revise as the head of the Federal public land management agency determines appropriate, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the jurisdiction of the Federal public land management agency on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes. (c) Means of Public Access and Egress Included.--In considering public access and egress under subsections (a) and (b), the head of the applicable Federal public land management agency shall consider public access and egress to the legal boundaries of the land described in those subsections, including access and egress-- (1) by motorized or non-motorized vehicles; and (2) on foot or horseback. (d) Effect.-- (1) In general.--This Act shall have no effect on whether a particular recreational use shall be allowed on the land described in paragraphs (1) and (2) of subsection (a). (2) Effect of allowable uses on agency consideration.--In preparing the plan under subsection (a)(3), the head of the applicable Federal public land management agency shall only consider recreational uses that are allowed on the land at the time that the plan is prepared. SEC. 4. FUNDS FOR PUBLIC ACCESS TO FEDERAL LAND FOR RECREATIONAL PURPOSES. Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is amended by adding at the end the following: ``Recreational public access to federal land.--In an amount not less than 1.5 percent of such moneys, for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.''.", "summary": "Hunt Unrestricted on National Treasures Act or HUNT Act - Requires each head of a federal public land management agency (the National Park Service, the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the Bureau of Land Management [BLM]), to annually make available to the public on its website a report that includes: (1) a list of the land more than 640 acres in size under its jurisdiction on which the public is allowed to hunt, fish, or use such land for other recreational purposes and to which there is no public access or egress or to which such access or egress to the land's legal boundaries is significantly restricted; (2) a list of locations and acreage on such land that the agency head determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) a plan to provide such access and egress that is consistent with the travel management plan in effect. Requires each agency head to make available to the public on the agency's website, and thereafter revise, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the agency's jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes. Amends the Land and Water Conservation Fund Act of 1965 to require allotment from the Land and Water Conservation Fund of an amount not less than 1.5% of the moneys appropriated for projects that secure public access to federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korean Counterterrorism and Nonproliferation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) International press reports noted that Iranian officials traveled to North Korea to observe the long and short-range missile tests conducted by the North Korean regime on July 4, 2006, and this was confirmed by Ambassador Christopher Hill, Assistant Secretary of State for East Asia and the Pacific, during testimony before the Senate Foreign Relations Committee on July 20, 2006. (2) International press reports in the summer of 2006 indicated that North Korea was involved in training in guerrilla warfare of Hezbollah cadres who subsequently were involved in operations against Israeli forces in south Lebanon. (3) The United Nations Security Council, under the Presidency of Japan, unanimously adopted Resolution 1718 on October 14, 2006, ``condemning'' the nuclear weapon test conducted by North Korea on October 9, 2006, and imposing sanctions on North Korea. (4) President George W. Bush stated in November 2006 that: ``The transfer of nuclear weapons or material by North Korea to states or non-state entities would be considered a grave threat to the United States, and we would hold North Korea fully accountable for the consequences of such action. . . . It is vital that the nations of this region send a message to North Korea that the proliferation of nuclear technology to hostile regimes or terrorist networks will not be tolerated.''. (5) Secretary of State Condoleezza Rice stated in October 2006 that ``a North Korean decision to try to transfer a nuclear weapon or technologies either to another state or to a non-state actor'' would be an ``extremely grave'' action for which the United States would ``hold North Korea accountable''. (6) Congress authoritatively expressed its view, in section 202(b)(2) of the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7832(b)(2)), that ``United States nonhumanitarian assistance to North Korea shall be contingent on North Korea's substantial progress'' on human rights improvements, release of and accounting for abductees, family reunification, reform of North Korea's labor camp system, and the decriminalization of political expression, none of which has occurred. SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE GOVERNMENT OF NORTH KOREA. Restrictions against the Government of North Korea that were imposed by reason of a determination of the Secretary of State that the Government of North Korea, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism, shall remain in effect, and shall not be lifted pursuant to such provisions of law, unless the President certifies to Congress that the Government of North Korea-- (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to the Governments of Iran, Syria, or any other country, the government of which the Secretary of State has determined, for purposes of any of the provisions of law specified in the matter preceding this paragraph, is a government that has repeatedly provided support for acts of international terrorism; (2) is no longer engaged in training, harboring, supplying, financing, or supporting in any way-- (A) Hamas, Hezbollah, or the Japanese Red Army, or any member of such organizations; (B) any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); and (C) any person included on the Annex to Executive Order 13224 (September 23, 2001) and any other person identified under section 1 of that Executive Order whose property and interests in property are blocked by that section (commonly known as a ``specially designated global terrorist''); (3) is no longer engaged in the counterfeiting of United States currency ``supernotes''; (4) has made inoperable Bureau No. 39 under the North Korean Workers Party headed by Kim Jong Il, which is charged with laundering illicit funds obtained by narcotics trafficking and other criminal activities; (5) has released United States permanent resident Kim Dong- Shik who, according to the findings of a South Korean court, was abducted by North Korean agents on the Chinese border in January 2000; (6) has released the 15 Japanese nationals recognized as abduction victims by the National Police Agency (NPA) of Japan; (7) has released an estimated 600 surviving South Korean POWs, comrades-in-arms of United States and Allied forces, who have been held in North Korea against their will and in violation of the Armistice Agreement since hostilities ended in July 1953; and (8) has ceased and desisted from engaging in further terrorist activities subsequent to the 1987 bombing of Korean Air Flight 858 over Burma, the 1996 murder in Vladivostok, Russia, of South Korean diplomat Choi Duck-keun, following Pyongyang's threats of retaliation for the deaths of North Korean commandoes whose submarine ran aground in South Korea, and the 1997 assassination on the streets of Seoul of North Korean defector Lee Han Young.", "summary": "North Korean Counterterrorism and Nonproliferation Act - Provides for the continuation of restrictions against the government of North Korea unless the President certifies to Congress that North Korea has met certain benchmarks respecting: (1) missile or nuclear technology transfers; (2) support of terrorist groups and terrorist activities, (3) counterfeiting of U.S. currency, (4) release of South Korean POWs, Japanese journalists, and Kim Donk-Shik; and (5) Bureau 39's closure."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Displaced Aircraft Manufacturers Workers Relief Act of 2001''. SEC. 2. DEFINITIONS. In this Act: (1) Affected area.--The term ``affected area'' means an area that the Secretary determines has a substantial number of eligible employees. (2) COBRA continuation coverage.--The term ``COBRA continuation coverage'' means coverage under a group health plan provided by an employer pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or section 8905a of title 5, United States Code. (3) Eligible employee.--The term ``eligible employee'' means an individual who has become totally or partially separated, or is threatened to become totally or partially separated, from employment with an aircraft manufacturer as a consequence of-- (A) reductions in production as a result of a terrorist action or security measure, as determined by the Secretary; or (B) a closure of an airport in the United States as a result of a terrorist action or security measure, as determined by the Secretary. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) Terrorist action or security measure.--The term ``terrorist action or security measure'' means a terrorist attack on the United States on September 11, 2001, or a security measure taken in response to the attack. (6) Other terms.--The terms defined in section 247 of the Trade Act of 1974 shall apply in this Act. SEC. 3. PETITIONS AND DETERMINATIONS. (a) Petitions.--A petition for a certification of eligibility to apply for adjustment assistance under this Act may be filed with the Secretary by a group of workers or by their certified or recognized union or other duly authorized representative. The Secretary shall comply with the notice and hearing requirements of section 221 of the Trade Act of 1974 with respect to the petition. (b) Certification.--The Secretary shall certify a group of workers as eligible to apply for adjustment assistance under this Act if the Secretary determines that a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm are eligible employees. (c) Determinations.--As soon as possible after the date on which a petition is filed under subsection (a), but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of subsection (b) and shall issue a certification of eligibility to apply for adjustment assistance under this Act covering workers in any group that meets such requirements. The Secretary shall issue and terminate such certifications in accordance with section 223 of the Trade Act of 1974. (d) Information.--The Secretary shall provide the information, assistance, and notice described in section 225 of the Trade Act of 1974 with respect to certifications made under subsection (b), and agreements entered into and benefits available under this Act. SEC. 4. PROGRAM BENEFITS. (a) Determinations.--The Secretary shall determine, with respect to an eligible employee covered by a certification issued by the Secretary under section 3, whether-- (1) the employee is unlikely to return to the industry involved; (2) the employee is likely to return to that industry, but unlikely to return to the employee's previous occupation in the industry; or (3) the employee is likely to return to that occupation. (b) Different Industry or Occupation.--If the Secretary determines that an eligible employee described in subsection (a) meets the requirements of paragraph (1) or (2) of subsection (a) and engages in appropriate job search activities, and that the employee and any training approved by the Secretary for the employee meet the requirements of paragraphs (1) and (3) of section 236(a) of the Trade Act of 1974, the employee shall be provided, in the same manner and to the same extent as an employee covered under a certification under subchapter A of chapter 2 of title II of the Trade Act of 1974, 1 or more of the following: (1) Employment services described in section 235 of the Trade Act of 1974 (including, in the case of an eligible employee in an affected area, employment services provided through programs developed and conducted through partnerships between public agencies, employers, and labor organizations). (2) Training that consists of-- (A) training (including supplemental assistance) described in section 236 of the Trade Act of 1974, notwithstanding the provisions of section 236(a)(2) of such Act; (B) training for a position requiring different technical skill than the original position; or (C) in the case of an eligible employee in an affected area, training provided through programs developed and conducted through partnerships between public agencies, employers, and labor organizations. (3) Readjustment allowances described in sections 231 through 234 of the Trade Act of 1974, except that-- (A) an eligible employee is not required to enroll in training to receive such an allowance; (B) the reference in section 233(a)(1) of the Trade Act of 1974 to ``52'' shall be considered to be a reference to ``78''; and (C) no employee shall receive additional weeks of assistance under section 233(a)(3) of such Act. (4) Job search allowances described in section 237 of the Trade Act of 1974. (c) Same Industry and Occupation.--If the Secretary determines that an eligible employee described in subsection (a) meets the requirements of subsection (a)(3), the employee shall be provided, in the same manner and to the same extent as an employee covered under a certification under subchapter A of chapter 2 of title II of the Trade Act of 1974, 1 or more of the following: (1) Employment services described in section 235 of the Trade Act of 1974 (including, in the case of an eligible employee in an affected area, employment services provided through programs developed and conducted through partnerships between public agencies, employers, and labor organizations). (2) Readjustment allowances described in sections 231 through 234 of the Trade Act of 1974, except that-- (A) an eligible employee is not required to enroll in training to receive such an allowance; (B) the reference in section 233(a)(1) of the Trade Act of 1974 to ``52'' shall be considered to be a reference to ``78''; and (C) no employee shall receive additional weeks of assistance under section 233(a)(3) of such Act. (d) Employees Not Eligible for Unemployment Insurance.--An eligible employee who is totally separated from employment in a State who does not meet the requirements of paragraphs (2) through (4) of section 231(a) of the Trade Act of 1974 shall be provided only an allowance, for a period of 26 weeks, in the amount of the average weekly benefit received by an individual in the State under the State unemployment insurance program during the most recent 52-week period for which data are available. (e) COBRA Continuation Coverage.--In the case of an individual who is eligible for benefits under subsection (b) or (c), the Secretary shall provide for payment of premiums for COBRA continuation coverage with respect to such individual. Such payment may be made through appropriate direct payment arrangements with the group health plan or health insurance issuer involved. The Secretary may require documentation of election of benefits or proof of premium payment. (f) Optional Temporary Medicaid Coverage for Uninsured Eligible Employees.-- (1) In general.--Notwithstanding any other provision of law, a State may elect to provide, under its medicaid program under title XIX of the Social Security Act, medical assistance in the case of an individual who is eligible for benefits under subsection (b) or (c), who is not eligible for COBRA continuation coverage, and who is uninsured. For purposes of this subsection, an individual is considered to be uninsured if the individual is not covered under a group health plan, health insurance coverage, or under such program or a program under title XVIII or XXI of such Act. (2) Limitation to 18 months of coverage.--Assistance under this subsection shall end with respect to an individual on the earlier of-- (A) the date the individual is no longer uninsured; or (B) 18 months after the date the individual is first determined to be eligible for medical assistance under this subsection. (3) Special rules.--In the case of medical assistance provided under this subsection-- (A) the Federal medical assistance percentage under section 1905(b) of the Social Security Act shall be 100 percent; (B) a State may elect to disregard any income, asset, or resource limitation imposed under the State medicaid plan or under title XIX of such Act; (C) such medical assistance shall not be provided for periods before the date the individual is determined eligible for such assistance; (D) a State may elect to make eligible for such assistance a dependent spouse or children of an individual eligible for medical assistance under paragraph (1), if such spouse or children are uninsured; and (E) individuals eligible for medical assistance under this subsection shall be deemed to be described in the list of individuals described in the matter preceding paragraph (1) of section 1905(a) of such Act. SEC. 5. ADMINISTRATION. The provisions of subchapter C of chapter 2 of title II of the Trade Act of 1974 shall apply to the administration of the program under this Act in the same manner and to the same extent as such provisions apply to the administration of the program under subchapters A and B of chapter 2 of title II of the Trade Act of 1974, except that-- (1) the agreement between the Secretary and the States described in section 239 of the Trade Act of 1974 shall specify the procedures that will be used to carry out the certification process under section 3, the procedures for providing relevant data by the Secretary to assist the States in making preliminary findings under section 3, and the adjustment assistance described in section 4; (2) the provisions of such subchapter C relating to training shall not be applicable under this Act; and (3) the provisions of such subchapter shall apply to COBRA continuation coverage under section 4(e) to the extent specified by the Secretary. SEC. 6. REGULATIONS. The Secretary-- (1) may issue interim regulations to carry out this Act, notwithstanding chapters 5 and 7 of title 5, United States Code; and (2) shall issue final regulations to carry out this Act in accordance with such chapters. SEC. 7. APPLICATION AND CONSTRUCTION. (a) Application.--For purposes of applying provisions of chapter 2 of title II of the Trade Act of 1974 under this Act, references in such chapter-- (1) to a worker shall be considered to be references to an eligible employee; (2) to a benefit shall be considered to be references to the corresponding benefit provided under this subsection to an eligible employee; and (3) to a provision of chapter 2 of title II of the Trade Act of 1974 shall be considered to be references to the corresponding provision of this Act. (b) Construction.-- (1) No impact on trade adjustment assistance.--Nothing in this Act shall be construed to modify or affect title II of the Trade Act of 1974. (2) No impact on existing agreements and benefits.--Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any collective bargaining agreement or any employment benefit program or plan.", "summary": "Displaced Aircraft Manufacturers Workers Relief Act of 2001 - Authorizes certain groups of workers who have become totally or partially separated (or who are threatened with total or partial separation) from employment with an aircraft manufacturer as a result of reductions in production or closure of an airport due to a terrorist action or security measures to petition the Secretary of Labor for a certification of eligibility to apply for adjustment assistance (similar to trade adjustment assistance under the Trade Act of 1974). Provides certain benefits (employment services, job training, and readjustment allowances) to eligible workers meeting certain eligibility requirements.Provides eligible workers who do not meet certain requirements for State unemployment compensation with a limited readjustment allowance under this Act.Provides for payment of premiums for COBRA health care continuation coverage of eligible workers. Authorizes a State to elect to provide medical assistance under its Medicaid program under title XIX of the Social Security Act for eligible workers who are not eligible for COBRA health care continuation coverage, and who are uninsured."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``TMDL Regulatory Accountability Act of 2000''. SEC. 2. ENSURING CONSIDERATION OF THE VIEWS OF THE PUBLIC. The Administrator shall-- (1) publish, not later the 5th day following the date of enactment of this Act, in the Federal Register a notice soliciting public comment for 120 days on revisions to regulations pertaining to the national pollutant discharge elimination system program and the water quality planning and management program published in the Federal Register on July 13, 2000 (65 Fed. Reg. 43586); (2) solicit comments from each State regarding the impact of such revisions on implementation and effectiveness of existing State programs; (3) hold public meetings for the purpose of receiving public comments on such revisions, including meetings at locations that will provide a reasonable opportunity for citizens of rural communities to both attend and provide comments; and (4) maintain a record of all public comments on such revisions, including comments from States under paragraph (2) and comments received at public meetings under paragraph (3), in a publicly available docket and, not later than the 180th day following such date of enactment, publish a response to the comments in the Federal Register. SEC. 3. FILLING DATA GAPS. (a) In General.--Not later than the 120th day following the date of enactment of this Act, the Administrator shall transmit to Congress an analysis of the monitoring data needed for development and implementation of TMDLs. Such analysis shall address the data gaps identified by the Comptroller General in the March 2000 report issued by the General Accounting Office, entitled ``Water Quality, Key EPA and State Decisions Limited By Inconsistent and Incomplete Data'', including gaps in data needed to-- (1) assess all State waters; (2) identify waters that are impaired; (3) identify pollution sources; (4) develop TMDLs; and (5) develop plans to implement TMDLs. (b) Data Collection Costs.--The analysis under subsection (a) shall include an estimate of the cost of collecting the monitoring data. (c) State Input.--In conducting the analysis under subsection (a) and estimating the costs under subsection (b), the Administrator shall solicit comments from each State regarding the analysis and estimate. SEC. 4. IMPROVING SCIENTIFIC UNDERSTANDING. (a) Study Required.--The Administrator shall make arrangements with the National Academy of Sciences to conduct a study on the scientific bases underlying the development of TMDLs. (b) Scope.--The study shall include an evaluation of each of the following: (1) The information required to identify sources of pollutant loadings and their respective contributions to water quality impairment. (2) The information required to allocate reductions in pollutant loadings among sources. (3) Whether such information is available for use by States. (4) Whether such information, if available, is reliable. (5) If such information is not available or is not reliable, what methodologies should be used to obtain such information. (c) Review.--Before submitting a report under subsection (d), the National Academy of Sciences shall provide appropriate Federal, State, and public and private sector interests an opportunity to review and submit written comments on the report. The final report shall incorporate such comments if appropriate. (d) Report.--Not later than the 240th day following the date of enactment of this Act, the National Academy of Sciences shall transmit a report on the study to the Administrator and Congress. The report shall include recommendations of the National Academy of Sciences for improving the methodologies evaluated under the study. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000. Such sums shall remain available until expended. SEC. 5. ENSURING PUBLIC UNDERSTANDING OF THE BENEFITS AND COSTS OF REGULATORY CHANGES. (a) UMRA Analysis.-- (1) In general.--With respect to the revisions referred to in section 2, the Administrator shall prepare a written statement containing the information specified in section 202(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532(a); 109 Stat. 64-65) and shall conduct the analyses required under section 205 of such Act (2 U.S.C. 1535). (2) Recommendations of the comptroller general.--In preparing the statement and conducting the analyses referred to in paragraph (1)-- (A) the Administrator shall address the concerns regarding the economic analysis performed by the Administrator on these regulatory changes identified by the Comptroller General in a June 21, 2000, report entitled ``Clean Water Act: Proposed Revisions to EPA Regulations to Clean Up Polluted Waters''; and (B) the Administrator, consistent with the recommendations of the Comptroller General, shall-- (i) use alternative baseline assumptions, including an assumption that accurately reflects the water quality data currently available for the development and implementation of TMDLs, and conduct a sensitivity analysis to assess the effect of different assumptions on the analyses; (ii) quantify benefits using the same baseline assumptions used to quantify costs; and (iii) consider costs to regulated entities and other Federal agencies, as well as costs to States. (b) Effects on Small Entities.--The Administrator shall conduct analyses of the effects of the revisions referred to in section 2 on small entities, including small businesses, small organizations, and small governmental organizations. Such analyses shall include, at a minimum-- (1) a description of and an estimate of the number of small entities to which the regulations, as revised, would apply; (2) the cost to small entities resulting from implementation of the regulations, as revised, by States and the Environmental Protection Agency; and (3) a description of the steps the Administrator has taken to minimize the significant economic impact on small entities, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the Administrator that affect the impact on small entities was rejected. (c) Information From Relevant Federal Agencies.--In conducting the analyses under subsections (a) and (b), the Administrator shall obtain information from relevant Federal agencies, including the Department of Agriculture, the Department of Defense, and the Small Business Administration. (d) Review by the Comptroller General.--At least 60 days before publishing an analysis in the Federal Register for public notice and comment under subsection (e), the Administrator shall provide the Comptroller General with an opportunity to review and comment on such analysis. (e) Public Review and Comment.--The Administrator shall publish the analyses required under subsections (a) and (b) in the Federal Register not later than 150th day after the date of enactment of this Act and shall solicit public comment for a period of not less than 60 days. Comments received shall be included in the publicly available docket maintained under section 2. (f) Response to Comments.--Not later than the 60th day following the last day of the comment period under subsection (e), the Administrator shall publish a response to comments in the Federal Register. SEC. 6. USE OF INFORMATION TO IMPROVE CLEAN WATER ACT PROGRAMS. (a) Agency Review of Information and Regulations.--The Administrator shall review all information provided or developed under sections 2, 3, 4, and 5 and shall consider whether or not the Administrator should change the revisions referred to in section 2 based upon such information. (b) Explanation to Congress.--Upon completing the review, but not later than the 270th day following the date of enactment of this Act, the Administrator shall transmit to Congress an explanation of the Administrator's decision to change or not to change the revisions referred to in section 2. SEC. 7. DEFINITIONS. In this Act, the following definitions shall apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) TMDL.--The term ``TMDL'' has the meaning that the term ``total maximum daily load'' has under section 303(d)(1)(C) of the Federal Water Pollution Control Act (23 U.S.C. 1313(d)(1)(C)). (3) Small entity.--The term ``small entity'' has the meaning such term has in section 601 of title 5, United States Code. (4) State.--The term ``State'' has the meaning such term has under section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).", "summary": "Directs the Administrator to transmit to Congress an analysis of the monitoring data needed for development and implementation of total maximum daily loads (TMDLs) which shall address data gaps identified by the Comptroller General in a March 2000 report entitled \"Water Quality, Key EPA and State Decisions Limited By Inconsistent and Incomplete Data.\" Requires the Administrator to make arrangements with the National Academy of Sciences to study and report on the scientific bases underlying the development of TDMLs. Authorizes appropriations. Directs the Administrator, with respect to the economic analysis performed on regulatory changes identified by the Comptroller General in the June 2000 report entitled \"Clean Water Act: Proposed Revisions to EPA Regulations to Clean Up Polluted Waters,\" to prepare certain statements and analyses required under the Unfunded Mandates Reform Act of 1995 with respect to: (1) significant regulatory actions that may result in expenditures by State, local, and tribal governments or the private sector of $100 million or more annually; and (2) selection of a least costly, most cost-effective, or least burdensome alternative. Requires the Administrator to conduct analyses of the effects of the revisions to the regulations pertaining to the NPDES and water quality planning and management on small entities. Directs the Administrator to review the information provided or developed under this Act and consider whether the revisions to such regulations should be changed. Requires an explanation to Congress of the decision to change or not to change such revisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Education for Democracy Act''. SEC. 2. CIVIC EDUCATION. Part F of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8141 et seq.) is amended to read as follows: ``PART F--CIVIC EDUCATION ``SEC. 10601. SHORT TITLE. ``This part may be cited as the `Education for Democracy Act'. ``SEC. 10602. FINDINGS. ``The Congress finds that-- ``(1) college freshmen surveyed in 1997 by the Higher Education Research Institute at the University of California at Los Angeles demonstrated higher levels of disengagement, both academically and politically, than any previous entering class of students; ``(2) college freshmen in 1997 demonstrated the lowest levels of political interest in the 20-year history of surveys conducted by the Higher Education Research Institute at the University of California at Los Angeles; ``(3) United States secondary school students expressed relatively low levels of interest in politics and economics in a 1999 Harris survey; ``(4) the 28th Annual Phi Delta Kappa/Gallup Poll in 1996 indicated that American citizens believe that the Nation's schools, apart from providing a basic education, had a very important role to play in preparing students to be responsible citizens; ``(5) Americans surveyed by the Organization of Economic Cooperation and Development indicated that only 59 percent had confidence that schools have a major effect on the development of good citizenship; ``(6) teachers too often do not have sufficient expertise in the subjects that they teach, and half of all secondary school history students in America are being taught by teachers with neither a major nor a minor in history; ``(7) secondary school students correctly answered less than half of the questions on a national test of economic knowledge in a 1999 Harris survey; ``(8) the most recent National Assessment of Educational Progress indicated that students have only superficial knowledge of, and lacked a depth of understanding regarding, civics; ``(9) civic and economic education are important not only to developing citizenship competencies in the United States but also are critical to supporting political stability and economic health in other democracies, particularly emerging democratic market economies; ``(10) international education exchange programs in civic and economic education have been shown to enhance both educational reform efforts in other democracies and educational quality in United States classrooms; ``(11) more than three quarters of Americans surveyed by the National Constitution Center in 1997 admitted that they knew only some or very little about the Constitution of the United States; and ``(12) the Constitution of the United States is too often viewed within the context of history and not as a living document that shapes current events. ``SEC. 10603. PURPOSE. ``It is the purpose of this part-- ``(1) to improve the quality of civics and government education, and to enhance the attainment of the third and sixth National Education Goals, by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights; ``(2) to foster civic competence and responsibility; and ``(3) to improve the quality of civic education and economic education through cooperative civic education and economic education exchange programs with other democratic nations. ``SEC. 10604. GENERAL AUTHORITY. ``(a) Grants and Contracts.-- ``(1) In general.--The Secretary is authorized to award grants to or enter into contracts with-- ``(A) the Center for Civic Education to carry out civic education activities under sections 10605 and 10606; and ``(B) the National Council on Economic Education to carry out economic education activities under section 10606. ``(2) Consultation.--The Secretary shall award the grants and contracts under section 10606 in consultation with the Secretary of State. ``(b) Distribution.--The Secretary shall use not more than 50 percent of the amount appropriated under section 10607(b) for each fiscal year to carry out economic education activities under section 10606. ``SEC. 10605. WE THE PEOPLE PROGRAM. ``(a) The Citizen and the Constitution.-- ``(1) In general.--The Center for Civic Education shall use funds awarded under section 10604(a)(1)(A) to carry out The Citizen and the Constitution program in accordance with this subsection. ``(2) Educational activities.--The Citizen and the Constitution program-- ``(A) shall continue and expand the educational activities of the `We the People . . . The Citizen and the Constitution' program administered by the Center for Civic Education; ``(B) shall enhance student attainment of challenging content standards in civics and government; and ``(C) shall provide-- ``(i) a course of instruction on the basic principles of our Nation's constitutional democracy and the history of the Constitution of the United States and the Bill of Rights; ``(ii) at the request of a participating school, school and community simulated congressional hearings following the course of study; ``(iii) an annual national competition of simulated congressional hearings for secondary school students who wish to participate in such a program; ``(iv) advanced training of teachers about the Constitution of the United States and the political system the United States created; ``(v) materials and methods of instruction, including teacher training, that utilize the latest advancements in educational technology; and ``(vi) civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol. ``(3) Availability of program.--The education program authorized under this subsection shall be made available to public and private elementary schools and secondary schools, including Bureau funded schools, in the 435 congressional districts, and in the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(b) Project Citizen.-- ``(1) In general.--The Center for Civic Education shall use funds awarded under section 10604(a)(1)(A) to carry out The Project Citizen program in accordance with this subsection. ``(2) Educational activities.--The Project Citizen program-- ``(A) shall continue and expand the educational activities of the `We the People . . . Project Citizen' program administered by the Center for Civic Education; ``(B) shall enhance student attainment of challenging content standards in civics and government; and ``(C) shall provide-- ``(i) a course of instruction at the middle school level on the roles of State and local governments in the Federal system established by the Constitution of the United States; ``(ii) optional school and community simulated State legislative hearings; ``(iii) an annual national showcase or competition; ``(iv) advanced training of teachers on the roles of State and local governments in the Federal system established by the Constitution of the United States; ``(v) materials and methods of instruction, including teacher training, that utilize the latest advancements in educational technology; and ``(vi) civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol. ``(3) Availability of program.--The education program authorized under this subsection shall be made available to public and private middle schools, including Bureau funded schools, in the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(c) Definition of Bureau Funded School.--In this section the term `Bureau funded school' has the meaning given the term in section 1146 of the Education Amendments of 1978. ``SEC. 10606. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE PROGRAMS. ``(a) Cooperative Education Exchange Programs.--The Center for Civic Education and the National Council on Economic Education shall use funds awarded under section 10604(a)(1) to carry out Cooperative Education Exchange programs in accordance with this section. ``(b) Purpose.--The purpose of the Cooperative Education Exchange programs provided under this section shall be to-- ``(1) make available to educators from eligible countries exemplary curriculum and teacher training programs in civics and government education, and economics education, developed in the United States; ``(2) assist eligible countries in the adaptation, implementation, and institutionalization of such programs; ``(3) create and implement civics and government education, and economic education, programs for students that draw upon the experiences of the participating eligible countries; ``(4) provide a means for the exchange of ideas and experiences in civics and government education, and economic education, among political, educational, governmental, and private sector leaders of participating eligible countries; and ``(5) provide support for-- ``(A) research and evaluation to determine the effects of educational programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and ``(B) effective participation in and the preservation and improvement of an efficient market economy. ``(c) Avoidance of Duplication.--The Secretary shall consult with the Secretary of State to ensure that-- ``(1) activities under this section are not duplicative of other efforts in the eligible countries; and ``(2) partner institutions in the eligible countries are creditable. ``(d) Activities.--The Cooperative Education Exchange programs shall-- ``(1) provide eligible countries with-- ``(A) seminars on the basic principles of United States constitutional democracy and economics, including seminars on the major governmental and economic institutions and systems in the United States, and visits to such institutions; ``(B) visits to school systems, institutions of higher education, and nonprofit organizations conducting exemplary programs in civics and government education, and economic education, in the United States; ``(C) translations and adaptations regarding United States civic and government education, and economic education, curricular programs for students and teachers, and in the case of training programs for teachers translations and adaptations into forms useful in schools in eligible countries, and joint research projects in such areas; ``(D) research and evaluation assistance to determine-- ``(i) the effects of the Cooperative Education Exchange programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and ``(ii) effective participation in and the preservation and improvement of an efficient market economy; ``(2) provide United States participants with-- ``(A) seminars on the histories, economies, and systems of government of eligible countries; ``(B) visits to school systems, institutions of higher education, and organizations conducting exemplary programs in civics and government education, and economic education, located in eligible countries; ``(C) assistance from educators and scholars in eligible countries in the development of curricular materials on the history, government, and economy of such countries that are useful in United States classrooms; ``(D) opportunities to provide onsite demonstrations of United States curricula and pedagogy for educational leaders in eligible countries; and ``(E) research and evaluation assistance to determine-- ``(i) the effects of the Cooperative Education Exchange programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and ``(ii) effective participation in and improvement of an efficient market economy; and ``(3) assist participants from eligible countries and the United States to participate in international conferences on civics and government education, and economic education, for educational leaders, teacher trainers, scholars in related disciplines, and educational policymakers. ``(e) Participants.--The primary participants in the Cooperative Education Exchange programs assisted under this section shall be educational leaders in the areas of civics and government education, and economic education, including curriculum and teacher training specialists, scholars in relevant disciplines, and educational policymakers, and government and private sector leaders from the United States and eligible countries. ``(f) Definition.--For the purpose of this section, the term `eligible country' means a Central European country, an Eastern European country, Lithuania, Latvia, Estonia, the independent states of the former Soviet Union as defined in section 3 of the FREEDOM Support Act (22 U.S.C. 5801), and may include the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country as defined in section 209(d) of the Education for the Deaf Act. ``SEC. 10607. AUTHORIZATION OF APPROPRIATIONS. ``(a) Section 10605.--There are authorized to be appropriated to carry out section 10605, $10,000,000 for fiscal year 2000 and such sums as may be necessary for each of the fiscal years 2001 through 2004. ``(b) Section 10606.--There are authorized to be appropriated to carry out section 10606, $10,000,000 for fiscal year 2000 and such sums as may be necessary for each of the fiscal years 2001 through 2004.''. SEC. 3. REPEAL. Title VI of the Goals 2000: Educate America Act (20 U.S.C. 5951 et seq.) is repealed.", "summary": "(Sec. 2) Authorizes the Secretary of Education to make grants to or contracts with: (1) the Center for Civic Education (CCE) to carry out civic education activities under the We the People... The Citizen and the Constitution program and The Project Citizen program, and under Cooperative Educational Exchange programs; and (2) the National Council on Economic Education (NCEE) to carry out economic education activities under Cooperative Educational Exchange programs. Revises requirements for CCE implementation of the We the People... The Citizen and the Constitution program and The Project Citizen program. Sets forth requirements for the Cooperative Educational Exchange programs of civic education by CCE and economic education by NCEE. Makes eligible for such programs Central European countries, an Eastern European country, Lithuania, Latvia, Estonia, and the independent states of the former Soviet Union. Allows such program eligibility also for the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country as defined under the Education for the Deaf Act. Authorizes appropriations through FY 2004 for: (1) the We the People... The Citizen and the Constitution program and The Project Citizen program; and (2) the Cooperative Educational Exchange programs. (Sec. 3) Repeals title VI (International Education Program) of the Goals 2000: Educate America Act."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Angeles and San Bernardino National Forests Protection Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Administration of Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. Sec. 4. Expansion of Cucamonga and Sheep Mountain Wilderness Areas. Sec. 5. Protection of property rights and uses in additions to Cucamonga and Sheep Mountain Wilderness Areas. Sec. 6. Fire management in Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. Sec. 7. Maintenance of Angeles and San Bernardino National Forests. Sec. 8. Completion of wild and scenic rivers studies. Sec. 9. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds the following: (1) California has experienced devastating wildfires that have caused mudslides, burned public and private lands, destroyed and damaged structures and homes, and taken the lives of residents and first responders. (2) On August 30, 2009, Fire Captain Tedmund ``Ted'' Hall, 47, and Firefighter Specialist Arnaldo ``Arnie'' Quinones, 34, of the Los Angeles County Fire Department lost their lives while battling the Station Fire. (3) Coordination among Federal, State, and local agencies is essential to effectively respond to emergencies and prevent further loss of life from incidents in and around the Angeles and San Bernardino National Forests. (4) The Angeles and San Bernardino National Forests are among the most widely visited national forests in the Nation. (5) The Angeles and San Bernardino National Forests provide families with a variety of recreational opportunities, including hunting, fishing, biking, hiking, boating, swimming, off-highway vehicle use, skiing and snowboarding, horseback riding, camping, and picnicking. (6) The Angeles and San Bernardino National Forests account for approximately 70 percent of the open space and provide 35 percent of the drinking water in Los Angeles County, the most populous county in the Nation. (7) Several private land holdings and cabin communities are located within the Angeles and San Bernardino National Forests. (8) The Angeles and San Bernardino National Forests are also home to several rare and endangered plant and animal species. (9) Public safety, preserving recreational activities, and the protection of our natural resources must remain the top three priorities for these areas. SEC. 3. ADMINISTRATION OF CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL WILDERNESS AREAS. (a) Cucamonga and Sheep Mountain Wilderness Areas.--Except as otherwise provided in this Act, the Secretary of Agriculture shall continue to administer the Cucamonga and Sheep Mountain Wilderness Areas as provided in section 103 of the California Wilderness Act of 1984 (Public Law 98-425; 98 Stat. 1619; 16 U.S.C. 1131 note) and the Wilderness Act (16 U.S.C. 1131 et seq.), except that, with respect to areas added to the Cucamonga or Sheep Mountain Wilderness Areas by an amendment made by section 4, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. (b) San Gabriel Wilderness Area.--Except as otherwise provided in this Act, the Secretary of Agriculture shall continue to administer the San Gabriel Wilderness Area in accordance with section 3 of the Act entitled ``An Act to designate the San Gabriel Wilderness, Angeles National Forest, in the State of California'', approved May 24, 1968 (Public Law 90-318; 82 Stat. 131; 16 U.S.C. 1132 note), and the Wilderness Act (16 U.S.C. 1131 et seq.). SEC. 4. EXPANSION OF CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS. (a) Expansion of Cucamonga Wilderness Area.--Section 101(a)(5) of the California Wilderness Act of 1984 (Public Law 98-425; 98 Stat. 1619; 16 U.S.C. 1132 note) is amended by inserting after ``1984,'' the following: ``and which comprise approximately 18,983 acres, as generally depicted on a map entitled `Sheep Mountain and Cucamonga Proposed Wilderness Addition' and dated July 13, 2010,''. (b) Expansion of Sheep Mountain Wilderness Area.--Section 101(a)(29) of the California Wilderness Act of 1984 (Public Law 98-425; 98 Stat. 1623; 16 U.S.C. 1132 note) is amended by inserting after ``1984,'' the following: ``and which comprise approximately 53,889 acres, as generally depicted on a map entitled `Sheep Mountain and Cucamonga Proposed Wilderness Addition' and dated July 13, 2010,''. (c) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a copy of the map referred to in the amendments made by subsections (a) and (b) and legal descriptions of each wilderness area expanded by such amendments. The map and legal descriptions shall have the same force and effect as if included in this Act. The map and legal descriptions shall be on file and available for public inspection in the appropriate offices of the Forest Service. SEC. 5. PROTECTION OF PROPERTY RIGHTS AND USES IN ADDITIONS TO CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS. (a) Definition of Covered Wilderness Addition.--For purposes of this section, the term ``covered wilderness addition'' means an area added by the amendments in subsections (a) and (b) in subsection (4) to-- (1) the Cucamonga Wilderness Area; or (2) the Sheep Mountain Wilderness Area. (b) No Effect on Valid Existing Rights.--No provision in this Act shall affect any valid existing rights, including the following rights: (1) The rights of owners of private property in a covered wilderness addition. (2) Water rights. (c) Hunting, Fishing, and Trapping.--Consistent with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act or the Wilderness Act shall be construed as affecting the jurisdiction or responsibilities of the State of California with respect to hunting, fishing, and trapping in a covered wilderness addition. (d) Wildlife and Fish Conservation Activities.-- (1) In general.--Consistent with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be construed as affecting the authority of the State of California to carry out activities for the conservation of wildlife and fish, including management activities to maintain or restore wildlife and fish populations and the habitats supporting such populations, in a covered wilderness addition. (2) Use of aircraft and other vehicles.--Consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary of Agriculture may authorize in a covered wilderness addition, in the manner in which the Secretary has previously authorized such activities in the Cucamonga and Sheep Mountain Wilderness Areas-- (A) the use of transportation and equipment including motor vehicles, motorized equipment or motorboats, aircraft, and other forms of mechanical transport to carry out activities described in paragraph (1); and (B) if the Secretary determines that the minimum tools necessary will be used, the infrequent and temporary landing of helicopters at unmodified sites for wildlife research or for the capture or translocation of species of wildlife including bighorn sheep. (e) Drug Interdiction.--Nothing in this Act or the Wilderness Act (16 U.S.C. 1131 et seq.) shall interfere with drug interdiction operations in, around, or affecting a covered wilderness addition (including low-level overflights of such addition), or otherwise restrict law enforcement access to a covered wilderness addition. (f) Military Activities.--Nothing in this Act or the Wilderness Act (16 U.S.C. 1131 et seq.) shall interfere with low-level overflights of military aircraft, the designation of new units of special airspace, or the use or establishment of military flight training routes over a covered wilderness addition. (g) Horses.--Nothing in this Act precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, a covered wilderness addition in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)) and subject to any terms and conditions determined by the Secretary of Agriculture to be necessary. (h) Access for Persons With Disabilities.--The Secretary of Agriculture, in consultation with the public, shall consider options for the design and construction of trails in the covered wilderness additions that are suitable for use by persons with disabilities. (i) Access to Private Property.--In conformance with subsections (a) and (b) of section 5 of the Wilderness Act (16 U.S.C. 1134), the Secretary of Agriculture shall provide any owner of private property within the boundary of a covered wilderness addition adequate access to the property to ensure the reasonable use and enjoyment of the property by the owner. (j) Activities or Uses in Buffer Zones.--Congress does not intend the inclusion of a covered wilderness addition in the Cucamonga or Sheep Mountain Wilderness Areas to result in the creation of protective perimeters or buffer zones around such addition. The fact that nonwilderness activities or uses can be seen or heard from within a covered wilderness addition shall not, of itself, preclude such activities or uses up to the boundaries of such addition. SEC. 6. FIRE MANAGEMENT IN CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL WILDERNESS AREAS. (a) Authorized Measures for Control of Fire, Insects, and Diseases.-- (1) In general.--The Secretary of Agriculture may take such measures in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas as are necessary for the control of fire, insects, and diseases (including the use of prescribed burning, priority treatments, or fuels reduction) in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th Congress. (2) Use of mechanized equipment and other measures.--The inclusion of the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas in the National Wilderness Preservation System shall not be construed to interfere with or prevent-- (A) for purposes of wildfire prevention, the mechanical thinning of trees or underbrush in the wilderness areas; and (B) for purposes of responding to a wildfire that threatens a community, the use by the Secretary, the Forest Service, or a Federal Incident Commander of any modern method of fire suppression in the wilderness areas, including methods involving the use of mechanized heavy equipment, installation of fire breaks (including roads), and such other methods as are necessary to address the threat. (b) Revision and Development of Local Fire Management Plans.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall amend the local fire management plans that apply to the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. In the local fire management plans, the Secretary shall identify the following: (1) Best management practices (consistent with subsection (a)) for wildfire prevention, wildfire response, and watershed protection in the wilderness areas. (2) State and local officials to carry out the management practices described in paragraph (1). (c) Administration.--Not later than one year after the date of the enactment of this Act, to ensure a timely and efficient response to wildfires in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas, the Secretary shall carry out the following measures: (1) The Secretary shall establish agency approval procedures (including delegations of authority, as appropriate, to the Forest Supervisor, District Manager, Incident Commander, or other agency officials) for responding to wildfires. (2) The Secretary shall enter into agreements, as appropriate, with State and local firefighting agencies to carry out measures for wildfire prevention and response. (d) Funding Priorities.--Nothing in this Act limits funding for fire and fuels management in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. SEC. 7. MAINTENANCE OF ANGELES AND SAN BERNARDINO NATIONAL FORESTS. (a) Assessment of Maintenance Backlog.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall assess the backlog in the Angeles and San Bernardino National Forests in-- (1) preventive wildfire management activities, including fuels reduction; (2) maintenance of recreational areas, including the upkeep of signage for recreational areas and trails; and (3) restoration of the levels of access to and availability of recreational facilities and trails to at least the levels that existed immediately before the Station Fire in August 2009. (b) Elimination of Maintenance Backlog.--As soon as practicable after the Secretary of Agriculture has assessed the backlog under subsection (a), the Secretary shall carry out measures to eliminate the backlog assessed under subsection (a), focusing on the restoration described in paragraph (3) of such subsection. SEC. 8. COMPLETION OF WILD AND SCENIC RIVERS STUDIES. Not later than two years after the date of the enactment of this Act, the Secretary of Agriculture shall complete and submit to Congress the studies, undertaken before the date of the enactment of this Act and uncompleted as of such date, regarding the potential addition of portions of the San Gabriel River (East, West, and North Forks), San Antonio Creek, and Middle Fork Lytle Creek in California to the national wild and scenic rivers system instituted by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). Such studies shall include information about the effect of each proposed addition on the following: (1) Valid existing rights of owners of property adjacent to such rivers, including owners of cabins on leased property, and their access to and use of such rivers, including their use of pump systems. (2) Other uses of such rivers, including the operation of dams. (3) Sediment management operations for reservoirs. (4) Valid existing water rights and easements in such rivers. (5) Use of and access to existing roadways, bridges, and trails, including the extent to which an existing roadway, bridge, or trail may be maintained or improved. (6) Construction of new roadways, bridges, and trails. (7) Implementation of future projects, including any delays that may be caused by environmental documentation required as a result of the addition. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary to carry out this Act.", "summary": "Angeles and San Bernardino National Forests Protection Act - Incorporates specified proposed wilderness additions into the Cucamonga and Sheep Mountain Wilderness Areas in the Angeles and San Bernardino National Forests in California. Sets forth provisions regarding private property and water rights protections and permissible activities in such additions. Authorizes the Secretary of Agriculture to take such measures in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas that are necessary for the control of fire, insects, and diseases. Directs the Secretary to assess a specified maintenance backlog in the Angeles and San Bernardino National Forests. Requires completion of the studies regarding the potential addition of portions of the San Gabriel River, San Antonio Creek, and Middle Fork Lytle Creek in California to the national wild and scenic rivers system."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``American Indian Equal Justice Act''. (b) Findings.--Congress finds that-- (1) a universal principle of simple justice and accountable government requires that all persons be afforded legal remedies for violations of their legal rights; (2) the fifth amendment of the Constitution builds upon that principle by guaranteeing that ``. . . no person shall be deprived of life, liberty, or property without due process of law''; (3) sovereign immunity, a legal doctrine that has its origins in feudal England when it was policy that the ``King could do no wrong'', affronts that principle and is incompatible with the rule of law in democratic society; (4) for more than a century, the Government of the United States and the States have dramatically scaled back the doctrine of sovereign immunity without impairing their dignity, sovereignty, or ability to conduct valid government policies; (5) the only remaining governments in the United States that maintain and assert the full scope of immunity from lawsuits are Indian tribal governments; (6) according to the 1990 decennial census conducted by the Bureau of the Census, nearly half of the individuals residing on Indian reservations are non-Indian; (7) for the non-Indian individuals referred to in paragraph (6) and the thousands of people of the United States, Indian and non-Indian, who interact with tribal governments everyday, the rights to due process and legal remedy are constantly at risk because of tribal immunity; (8) by providing a complete shield from legal claims, the doctrine of sovereign immunity frustrates justice and provokes social tensions and turmoil inimical to social peace; (9) the Supreme Court has affirmed that Congress has clear and undoubted constitutional authority to define, limit, or waive the immunity of Indian tribes; and (10) it is necessary to address the issue referred to in paragraph (9) in order to-- (A) secure the rights provided under the Constitution for all persons; and (B) uphold the principle that no government should be above the law. (c) Purpose.--The purpose of this Act is to assist in ensuring due process and legal rights throughout the United States and to strengthen the rule of law by making Indian tribal governments subject to judicial review with respect to certain civil matters. SEC. 2. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' means any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior. (2) Tribal immunity.--The term ``tribal immunity'' means the immunity of an Indian tribe from jurisdiction of the courts, judicial review of an action of that Indian tribe, and other remedies. SEC. 3. COLLECTION OF STATE TAXES. Section 1362 of title 28, United States Code, is amended-- (1) by inserting ``(a)'' before ``The district courts''; (2) by inserting ``(referred to in this section as an `Indian tribe')'' after ``Interior''; and (3) by adding at the end the following: ``(b)(1) An Indian tribe, tribal corporation, or member of an Indian tribe, shall collect, and remit to a State, any excise, use, or sales tax imposed by the State on nonmembers of the Indian tribe as a consequence of the purchase of goods or services by the nonmember from the Indian tribe, tribal corporation, or member. ``(2) A State may bring an action in a district court of the United States to enforce the requirements under paragraph (1). ``(3) To the extent necessary to enforce this subsection with respect to an Indian tribe, tribal corporation, or member of an Indian tribe, the tribal immunity of that Indian tribe, tribal corporation, or member is waived.''. SEC. 4. INDIAN TRIBES AS DEFENDANTS. (a) Provisions To Parallel the Provisions That Are Popularly Known as the Tucker Act.--Section 1362 of title 28, United States Code, as amended by section 3, is further amended by adding at the end the following: ``(c)(1) The district courts of the United States shall have original jurisdiction in any civil action or claim against an Indian tribe, with respect to which the matter in controversy arises under the Constitution, laws, or treaties of the United States. ``(2) The district courts shall have jurisdiction of any civil action or claim against an Indian tribe for liquidated or unliquidated damages for cases not sounding in tort that involve any contract made by the governing body of the Indian tribe or on behalf of an Indian tribe. ``(d) Subject to the provisions of chapter 171A, the district courts shall have jurisdiction of civil actions in claims against an Indian tribe for money damages, accruing on or after the date of enactment of the American Indian Equal Justice Act for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of an Indian tribe under circumstances in which the Indian tribe, if a private individual or corporation would be liable to the claimant in accordance with the law of the State where the act or omission occurred. ``(e) To the extent necessary to enforce this section, the tribal immunity (as that term is defined in section 2 of the American Indian Equal Justice Act) of the Indian tribe (as that term is defined in such section 2) involved is waived.''. SEC. 5. TORT CLAIMS PROCEDURE. (a) In General.--Part 6 of title 28, United States Code, is amended by inserting after chapter 171 the following: ``CHAPTER 171A--INDIAN TORT CLAIMS PROCEDURE ``Sec. ``2691. Definitions. ``2692. Liability of Indian tribes. ``2693. Compromise. ``2694. Exceptions; waiver. ``Sec. 2691. Definitions ``In this chapter: ``(1)(A) Subject to subparagraph (B), the term `employee of an Indian tribe' includes-- ``(i) an officer or employee of an Indian tribe; and ``(ii) any person acting on behalf of an Indian tribe in an official capacity, temporarily or permanently, whether with or without compensation (other than an employee of the Federal Government or the government of a State or political subdivision thereof who is acting within the scope of the employment of that individual). ``(B) The term includes an individual who is employed by an Indian tribe to carry out a self-determination contract (as that term is defined in section 4(j) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(j))). ``(2) The term `Indian tribe' means any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior. ``Sec. 2692. Liability of Indian tribes ``(a) An Indian tribe shall be liable, relating to tort claims, in the same manner and to the same extent, as a private individual or corporation under like circumstances, but shall not be liable for interest before judgment or for punitive damages. ``(b) In any case described in subsection (a) in which a death was caused and the law of the State where the act or omission complained of occurred provides for punitive damages, the Indian tribe shall, in lieu of being liable for punitive damages, be liable for actual or compensatory damages resulting from that death to each person on behalf of whom action was brought. ``Sec. 2693. Compromise ``The governing body of an Indian tribe or a designee of that governing body may arbitrate, compromise, or settle any claim cognizable under section 1362(d). ``Sec. 2694. Exceptions; waiver ``(a) The provisions of this chapter and section 1362(d) shall not apply to any case relating to a controversy relating to membership in an Indian tribe. ``(b) With respect to an Indian tribe, to the extent necessary to carry out this chapter, the tribal immunity (as that term is defined in section 2 of the American Indian Equal Justice Act) of that Indian tribe is waived.''. (b) Clerical Amendment.--The table of chapters for title 28, United States Code, is amended by inserting after the item relating to chapter 171 the following: ``171A. Indian Tort Claims Procedure........................ 2691''. SEC. 6. INDIAN TRIBES AS DEFENDANTS IN STATE COURTS. (a) Consent to Suit in State Court.--Consent is hereby given to institute a civil cause of action against an Indian tribe in a court of general jurisdiction of the State, on a claim arising within the State, including a claim arising on an Indian reservation or Indian country, in any case in which the cause of action-- (1) arises under Federal law or the law of a State; and (2) relates to-- (A) tort claims; or (B) claims for cases not sounding in tort that involve any contract made by the governing body of an Indian tribe or on behalf of an Indian tribe. (b) Tort Claims.--In any action brought in a State court for a tort claim against an Indian tribe, that Indian tribe shall be liable to the same extent as a private individual or corporation under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages. (c) Federal Consent.--Notwithstanding the provisions of the Act of August 15, 1953 (67 Stat. 588 et seq., chapter 505), section 1360 of title 28, United States Code, and sections 401 through 404 of the Civil Rights Act of 1968 (25 U.S.C. 1321 through 1324) and section 406 of such Act (25 U.S.C. 1326) that require the consent of an Indian tribe for a State to assume jurisdiction over matters of civil law, this section constitutes full and complete consent by the United States for a State court to exercise jurisdiction over any claim referred to in subsection (a). (d) Removal.--An action brought under this section-- (1) shall not be removable under section 1441 of title 28, United States Code; and (2) shall be considered to meet the requirements for an exception under section 1441(a) of title 28, United States Code. SEC. 7. INDIAN CIVIL RIGHTS. Title II of the Civil Rights Act of 1968 (commonly known as the ``Indian Civil Rights Act'') (25 U.S.C. 1301 et seq.) is amended by adding at the end the following: ``SEC. 204. ENFORCEMENT. ``The district courts of the United States shall have jurisdiction in any civil rights action alleging a failure to comply with rights secured by the requirements under this title. With respect to an Indian tribe, to the extent necessary to enforce this title, the tribal immunity of that Indian tribe (as that term is defined in section 2 of the American Indian Equal Justice Act) is waived.''. SEC. 8. APPLICABILITY. This Act and the amendments made under this Act shall apply to cases commenced against an Indian tribe on or after the date of enactment of this Act.", "summary": "American Indian Equal Justice Act - Amends Federal law concerning the jurisdiction of U.S. district courts to make it a requirement that an Indian tribe, tribal corporation, or member of an Indian tribe collect and remit to a State any excise, use, or sales tax imposed by the State on nonmembers of the Indian tribe as a consequence of the purchase of goods or services by nonmembers from the Indian tribe, tribal corporation, or member. Permits a State to bring an action in a U.S. district court to enforce the requirement. Grants U.S. district courts: (1) original jurisdiction in any civil action or claim against an Indian tribe, in matters arising under the Constitution, laws, or treaties of the United States; (2) jurisdiction of any civil action or claim against an Indian tribe for liquidated or unliquidated damages for cases not sounding in tort that involve any contract made by the governing body of the Indian tribe or on behalf of an Indian tribe; and (3) subject to Indian tribe tort claims procedure provisions under this Act, jurisdiction of civil actions in claims against an Indian tribe for money damages, accruing on or after the enactment of this Act for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of an Indian tribe under circumstances in which the Indian tribe, if it were a private individual or corporation, would be liable to the claimant in accordance with the law of the State where the act or omission occurred. Sets forth Indian tort claims procedure provisions. Excepts any case relating to a controversy about membership in an Indian tribe. Grants consent to institute a civil cause of action against an Indian tribe in a State court on a claim arising within the State, including a claim arising on an Indian reservation or Indian country, in any case in which the cause of action: (1) arises under Federal or State law; and (2) relates to tort claims or claims not sounding in tort that involve any contract made by the governing body of an Indian tribe on or behalf of a tribe. Provides, in any tort action brought in a State court against an Indian tribe, for that tribe to be liable to the same extent as a private individual or corporation under like circumstances, but not to be liable for interest prior to judgment or for punitive damages. Amends title II of the Civil Rights Act of 1968 (the Indian Civil Rights Act) to grant U.S. district courts jurisdiction in any civil rights action alleging a failure to comply with rights secured by the requirements under such title."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Improvement Act of 1994''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the single family housing mortgage insurance program of the Department of Housing and Urban Development is a significant factor in promoting first-time and affordable homeownership in the United States; (2) use of mortgage financing under the program has decreased in recent years, due in part to increasing complexity of mortgage origination and servicing under the program; (3) simplifying and streamlining the loan criteria and loan approval process under the program would have a positive effect on use of the program without increasing risk to the Mutual Mortgage Insurance Fund; and (4) flexible lending products can be developed without increasing risk to the Mutual Mortgage Insurance Fund. SEC. 3. LOAN FLOOR. Subparagraph (A) of the first sentence of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended by striking the matter following clause (ii) and inserting the following: ``except that the applicable dollar amount limitation in effect under this subparagraph (A) for any area may not be less than the greater of-- ``(I) the dollar amount limitation in effect under this section for the area on the date of enactment of the FHA Improvement Act of 1994; or ``(II) the applicable average area purchase price determined under section 143(e)(2) of the Internal Revenue Code of 1986, as adjusted by the Secretary to reflect a single amount using purchase prices for residences that have been previously occupied, and for residences that have not been so occupied, which amount shall be adjusted by the Secretary annually on the basis of the Constant Quality Housing Price Index;''. SEC. 4. CALCULATION OF DOWNPAYMENT. Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended-- (1) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) except as otherwise provided in this paragraph (2), not in excess of-- ``(i) 98.75 percent of the appraised value of the property, in the case of a mortgage with an appraised value equal to or less than $50,000, or ``(ii) 97.5 percent of the appraised value of the property, in the case of a mortgage with an appraised value in excess of $50,000, plus the amount of the mortgage insurance premium paid at the time the mortgage is insured.''; (2) by striking the 2d sentence of the matter following subparagraph (B); and (3) in penultimate undesignated paragraph-- (A) in the 2d sentence, by striking ``the preceding sentence'' and inserting ``this subsection''; and (B) by striking the first sentence. SEC. 5. ISSUANCE OF INSURANCE BY MORTGAGEES. Section 215 of the National Housing Act (12 U.S.C. 1715f) is amended-- (1) by inserting ``(a) Mortgages Without Insured Permanent Financing.--'' after ``Sec. 215''; and (2) by adding at the end the following new subsection: ``(b) Issuance of Insurance Certificates by Mortgagee.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary shall implement a system for insuring mortgages under this title involving properties upon which are located 1- to 4-family dwelling units that provides that any mortgagee that is authorized by the Secretary to process mortgages as direct endorsement mortgages may endorse a mortgage for insurance, execute a firm commitment for insurance binding upon the Secretary, and issue a certificate of mortgage insurance under this title, without review and approval by the Secretary of the specific mortgage.''. SEC. 6. ELIMINATION OF RESTRICTIONS REGARDING NEW CONSTRUCTION. (a) In General.--Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended, in the matter following subparagraph (B) (as amended by section 3 of this Act)-- (1) in the 1st undesignated paragraph, by striking ``Notwithstanding any other provision of this section,'' and all that follows through ``beginning of construction.''; and (2) by striking the 2d undesignated paragraph (relating to mortgage insurance amounts for residences having solar energy systems) (b) Repeal of Authority to Expend Amounts From Insurance Fund to Correct Substantial Defects.--Section 518 of the National Housing Act (12 U.S.C. 1735b) is hereby repealed. SEC. 7. AUTHORITY TO USE AMOUNTS BORROWED FROM FAMILY MEMBERS FOR DOWNPAYMENTS. (a) In General.--Section 203(b)(9) of the National Housing Act (12 U.S.C. 1709(b)(9)) is amended by inserting before the period at the end the following: ``: Provided further, That for purposes of this paragraph, the Secretary shall consider as cash or its equivalent any amounts borrowed from a family member (as such term is defined in section 201), subject only to the requirements that, in any case in which the repayment of such borrowed amounts is secured by a lien against the property, such lien shall be subordinate to the mortgage and the sum of the principal obligation of the mortgage and the obligation secured by such lien may not exceed 100 percent of the appraised value of the property plus any initial service charges, appraisal, inspection, and other fees in connection with the mortgage''. (b) Definition of Family Member.--Section 201 of the National Housing Act (12 U.S.C. 1707) is amended by adding at the end the following new subsections: ``(e) The term `family member' means, with respect to a mortgagor under such section, a child, parent, or grandparent of the mortgagor (or the mortgagor's spouse). In determining whether any of the relationships referred to in the preceding sentence exist, a legally adopted son or daughter of an individual (and a child who is a member of an individual's household, if placed with such individual by an authorized placement agency for legal adoption by such individual), and a foster child of an individual, shall be treated as a child of such individual by blood. ``(f) The term `child' means, with respect to a mortgagor under such section, a son, stepson, daughter, or stepdaughter of such mortgagor.''. SEC. 8. APPROVAL OF CONDOMINIUM PROJECTS. Section 234 of the National Housing Act (12 U.S.C. 1715y) is amended by striking subsection (k) and inserting the following new subsection: ``(k) Approval of Projects.-- ``(1) In general.--A mortgage covering a multifamily project or a condominium unit in a multifamily project shall be eligible for mortgage insurance under this section notwithstanding any other provision of this section relating to requirements for multifamily projects if the project has been approved by a government-sponsored housing enterprise and-- ``(A) in the case of a mortgage covering any condominium unit in the project, the mortgage otherwise complies with the requirements under this section regarding eligibility of mortgages for mortgage insurance provided under subsection (c); and ``(B) in the case of a blanket mortgage covering the multifamily project, the mortgage otherwise complies with the requirements under this section regarding eligibility of mortgages for mortgage insurance provided under subsection (d). ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) The term `approved by a government-sponsored housing enterprise' means, with respect to a multifamily housing project having a condominium ownership structure, that a government-sponsored housing enterprise has determined that any mortgage covering the project or any condominium property in the project may be purchased by the enterprise if such mortgage is otherwise determined by the enterprise to meet the standards and requirements of the enterprise relating to mortgages. ``(B) The term `condominium unit' means, with respect to a multifamily property, a 1-family dwelling unit in the project and an undivided interest in the common areas and facilities that serve the project. ``(C) The term `government-sponsored housing enterprise' means-- ``(i) the Federal National Mortgage Association; and ``(ii) the Federal Home Loan Mortgage Corporation.''. SEC. 9. INSURANCE OF 2-STEP SINGLE FAMILY MORTGAGES. Title II of the National Housing Act (12 U.S.C. 1701 et seq.) is amended by adding at the end the following new section: ``2-step single family mortgages ``Sec. 256. (a) Authority.--After making the finding required under subsection (d), the Secretary may insure under any provision of this title a mortgage involving property upon which there is located a dwelling designed principally for occupancy by 1 to 4 families, where the mortgage provides that the effective rate of interest charged is-- ``(1) fixed for the duration of a specified period that consists of not less than the first 5 years of the mortgage term; ``(2) adjusted by the mortgagee upon the expiration of the specified period referred to in paragraph (1) for the mortgage; and ``(3) for the term of the mortgage remaining after such adjustment-- ``(A) fixed at the adjusted rate established pursuant to paragraph (2); or ``(B) periodically adjusted by the mortgagee. ``(b) Redetermination of Rate.--For each mortgage insured pursuant to this section, the adjustment of the effective rate of interest pursuant to subsection (a)(2) may be accomplished through adjustments in the monthly payment amount, the outstanding principal balance, or the mortgage term, or a combination of such factors, except that in no case may any extension of a mortgage term result in a total term in excess of 40 years. The adjustment in the effective rate of interest shall correspond to a specified national interest rate index that is approved in regulations issued by the Secretary and information on which is readily accessible to the mortgagors from generally available published sources. ``(c) Limitations on Second-Step Periodic Rates.--For each mortgage insured pursuant to this section for which the effective rate of interest charged pursuant to subsection (a)(3) is periodically adjusted under subparagraph (B) of such subsection, such adjustments in the interest rate-- ``(1) may be accomplished through adjustments in the monthly payment amount, the outstanding principal balance, or the mortgage term, or a combination of such factors, except that in no case may any extension of a mortgage term result in a total term in excess of 40 years; ``(2) shall correspond to a specified national interest rate index that is approved in regulations issued the Secretary and information on which is readily accessible to the mortgagors from generally available published sources; ``(3) shall be made on an annual basis; ``(4) shall be limited, with respect to any single interest rate increase, to no more than 1 percent on the outstanding loan balance; and ``(5) be limited to a maximum increase of 5 percentage points above the initial contract interest rate over the term of the mortgage. ``(d) Conditions on Insuring Authority.--The Secretary may insure mortgages pursuant to this section only after determining that the risk posed by such insurance to the financial safety and soundness of the insurance fund of which the mortgage insurance is an obligation does not exceed such risk posed by insurance of mortgages of equivalent terms having fixed interest rates over such terms. ``(e) Description of Features.--The Secretary shall issue regulations requiring that the mortgagee make available to the mortgagor, at the time of loan application, a written explanation of the features of the 2-step mortgage insured pursuant to this section. ``(f) Limitation of Total Number of Mortgages Insured.--The aggregate number of mortgages and loans insured pursuant to this section in any fiscal year may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this title during the preceding fiscal year.''. SEC. 10. STUDY REGARDING MORTGAGE INSURANCE PREMIUMS AND MORTGAGE AMOUNT LIMITATIONS. The Secretary of Housing and Urban Development shall conduct a study to determine-- (1) various methods of decreasing the amounts of the up- front and annual premiums charged for mortgage insurance under the single family home mortgage insurance program under title II of the National Housing Act; and (2) the effects of such various methods on the financial safety and soundness of the Mutual Mortgage Insurance Fund. Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress containing the findings of the study under this section and any recommendations of the Secretary resulting from such findings.", "summary": "FHA Improvement Act of 1994 - Amends the National Housing Act to revise the single family mortgage insurance program. Directs the Secretary of Housing and Urban Development to study mortgage insurance premiums and mortgage amount limitations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Helicopter Medical Services Patient Safety, Protection, and Coordination Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Federal Aviation Administration is responsible for regulating civil aviation in the United States. (2) Each State is responsible for the regulation of public health planning and protection, patient safety and protection, emergency medical services, the quality and coordination of medical care, and the practice of medicine within its jurisdiction. (3) Helicopter medical services are an essential component of the health care delivery and emergency medical services system in each State and are integral to each State's management of public health planning and protection, patient safety and protection, emergency medical services, the quality and coordination of medical care, and the practice of medicine within the State's jurisdiction. (4) Existing or future regulation of helicopter medical services by the several States is in the public interest. (5) Helicopter medical services represent a unique and discrete area of air transportation because those services present issues involving the adequacy and availability of medical services to patients. (6) Court rulings and statutory interpretations issued by the Secretary of Transportation have imposed limitations on, impeded, or prevented, the ability of States to effectively regulate helicopter medical services in a manner similar to the regulation of other health care services by the States. (7) Those rulings and interpretations have concluded that certain State actions related to public health planning and protection, patient safety and protection, emergency medical services, the quality and coordination of medical care, and the practice of medicine, and related aspects of helicopter medical services, are preempted by Federal law, either pursuant to the preemption provisions of the Airline Deregulation Act of 1978 (Public Law 95-504; 92 Stat. 1705) or through the application of the ``field occupation'' preemption doctrine. (8) The Airline Deregulation Act of 1978 did not contemplate helicopter medical services, and the use of the Act to strike down intrastate health-related regulations overseeing the provision of helicopter medical services that would otherwise be permissible with respect to any other segment of the health care industry is not in the public interest. (9) At the same time, it is also important to ensure that the Federal Aviation Administration's plenary and exclusive jurisdiction over matters of aviation safety is not infringed by any State. Accordingly, any State health-related regulation of helicopter medical services must be harmonized and shall not be inconsistent with Federal regulation of aviation safety because the safe operation of the helicopter medical services flight is of paramount importance. (10) Accordingly, there is a need for clarification of existing Federal law so that States may regulate helicopter medical services with respect to public health planning and protection, patient safety and protection, emergency medical services, the quality and coordination of medical care, and the practice of medicine without infringing on the Federal government's plenary power to regulate aviation safety. SEC. 3. CLARIFICATION OF STATE AUTHORITY OVER HELICOPTER MEDICAL SERVICES. (a) In General.--Chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 40130. Clarification of State authority over helicopter medical services ``(a) Clarification of State Authority.--Nothing in this subtitle shall prohibit a State from-- ``(1) requiring medical licenses for the provision of helicopter medical services between locations within the State; or ``(2) prescribing regulations relating to the provision of such services if such regulations are prescribed pursuant to subsection (c), (d), or (e). ``(b) Applicability of Federal Aviation Safety Authority.--No State health-related regulation established pursuant to this section shall supersede or be inconsistent with any Federal operating requirement with respect to aviation safety. ``(c) State Authority Over Medical Services.--A State may prescribe regulations relating to the provision of helicopter medical services with respect to the following: ``(1) The medical qualifications and medical training of helicopter medical personnel, except that a State may not impose any requirement with respect to a pilot. ``(2) The obligation of providers of helicopter medical services to comply with the health planning, patient safety, and medical service requirements of the State, including-- ``(A) coordination of the interrelationship, interaction, and agreements among providers of helicopter medical services, providers of other emergency medical services, providers of other medical transport services, referring entities, and medical institutions that receive patients transported by providers of helicopter medical services with respect to the transport of patients; ``(B) demonstration of adequate capacity to provide helicopter medical services; ``(C) demonstration of the need for new or expanded helicopter medical services; ``(D) determinations with respect to the number and base location of helicopters used in the provision of helicopter medical services within the State or region of the State or the regulation of competition for specific markets within the State; ``(E) affiliation with health care institutions; ``(F) sanitation and infection control protocols; ``(G) medical records requirements; ``(H) quality of medical care requirements, including participation in patient safety and medical quality control efforts, such as peer review processes, utilization review, and error reporting systems; and ``(I) the proffer of gifts of monetary value (other than training or educational programs) to referring entities (or personnel employed by such entities) within the State. ``(d) State Authority Over Medical Services Subject to Harmonization Requirement.--A State may prescribe regulations relating to the provision of helicopter medical services with respect to the following, if such regulations are harmonized with, and do not infringe upon, any applicable Federal operating requirements: ``(1) The establishment of appropriate medical criteria for determining the appropriate medical institution to receive a patient being transported from the scene at which the patient's injury or accident, or other event resulting in the need for medical services for the patient, occurred. ``(2) The specification of service requirements with respect to geographic areas within the State or during specified hours and days. ``(3) The coordination of flight requests for emergency helicopter medical services. ``(4) The compliance with accreditation requirements regarding medical services, except where such requirements infringe upon relevant Federal operating requirements. ``(5) The provision of emergency helicopter medical services to all persons for whom such services are medically necessary and appropriate. ``(e) State Authority Over Medical Services Subject to Consistency Requirement.-- ``(1) In general.--Subject to paragraph (2), a State may prescribe regulations relating to the provision of helicopter medical services with respect to the following, if such regulations are consistent with, and do not infringe upon, any applicable Federal operating requirements: ``(A) The necessary medical equipment and supplies to be carried on board or affixed to the helicopter. ``(B) The physical attributes of the helicopter-- ``(i) necessary for the provision of quality medical care, including-- ``(I) permanently installed climate control systems capable of meeting specified temperature settings; ``(II) a configuration that allows adequate access to the patient, medical equipment, and medical supplies by the helicopter medical personnel; ``(III) use of materials in the helicopter that are appropriate for proper patient care; ``(IV) sufficient electrical supply to support medical equipment without compromising helicopter power; and ``(V) the ability of the helicopter to transport a patient a certain distance without refueling within the State; and ``(ii) necessary-- ``(I) for the protection of helicopter personnel, ground medical personnel, and emergency response personnel; and ``(II) to ensure that the helicopter has no structural or functional defects that may adversely affect such personnel, such as by requiring tailroter illumination for loading patients at night or external search lights. ``(C) Communication capabilities enabling-- ``(i) the helicopter medical personnel to communicate with emergency medical services and public safety personnel and personnel at medical institutions that receive patients transported by providers of helicopter medical services; and ``(ii) the flightcrew to communicate with the helicopter medical personnel, to the extent that the communications do not interfere with the safe operation of the flight. ``(2) Limitations.-- ``(A) Providers licensed in multiple states.--If a provider of helicopter medical services is licensed to provide such services in more than one State and the regulations established pursuant to this subsection by the States in which the provider is licensed are inconsistent, the provider shall comply with the most stringent of such regulations. ``(B) Nondelegation requirement.--A State may not delegate authority provided under this subsection to a political subdivision of the State. ``(f) Interstate Agreements.--In regulating the provision of helicopter medical services pursuant to this section, a State shall, if necessary, establish regulations or negotiate mutual aid agreements with adjacent States or providers of helicopter medical services in adjacent States to ensure access to helicopter medical services across State borders. ``(g) Definitions.--In this section: ``(1) Helicopter medical services.--The term `helicopter medical services' means the helicopter transport of a patient, in both emergency and nonemergency situations, as well as the medical services provided to such patient in the course of transport by such helicopter. ``(2) Federal operating requirements.--The term `Federal operating requirements' means requirements under part A of subtitle VII of title 49, United States Code, and Federal aviation regulations set forth in title 14, Code of Federal Regulations. ``(3) Referring entities.--The term `referring entity' means any entity that dispatches or provides a referral for a provider of helicopter medical services, such as a medical institution, an agency providing emergency medical services, or a first responder.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``40130. Clarification of State authority over intrastate helicopter medical services.''.", "summary": "Helicopter Medical Services Patient Safety, Protection, and Coordination Act - Authorizes states to regulate helicopter medical services with respect to: (1) the medical qualifications and training of helicopter medical personnel; and (2) the obligation of providers of helicopter medical services to comply with a state's health planning, patient safety, and medical service requirements. Prohibits states from imposing requirements on pilots. Authorizes states to regulate the following aspects of helicopter medical services to the extent such regulations are harmonized with applicable federal operating requirements: (1) establishment of criteria for determination of the appropriate medical institution to receive a transported patient; (2) specification of service requirements with respect to geographic areas within a state or during specified hours and days; (3) coordination of flight requests for emergency helicopter medical services; (4) compliance with medical services accreditation requirements, except where they infringe upon relevant federal operating requirements; and (5) provision of emergency helicopter medical services to all persons where needed. Authorizes a state to regulate certain aspects of helicopter medical services to the extent that such regulations are consistent with, and do not infringe upon, applicable federal operating requirements. Specifies among the aspects of helicopter medical services which states may regulate: (1) the necessary medical equipment and supplies to be carried on board or affixed to the helicopter; (2) the physical attributes of the helicopter necessary for the provision of quality medical care and for the protection of helicopter, ground medical, and emergency response personnel; and (3) specified communication capabilities among helicopter medical personnel and emergency medical services and public safety personnel, and between the flight crew and helicopter medical personnel. Requires a provider of helicopter medical services that is licensed in more than one state where state helicopter medical services regulations are inconsistent to comply with the most stringent regulation. Requires a state, if necessary, to establish regulations or negotiate mutual aid agreements with adjacent states, or providers of helicopter medical services in such states, to ensure access to such services across state borders."}
{"article": "To amend the Federal Food, Drug, and Cosmetic Act to ensure that human tissue intended for transplantation is safe and effective and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Human Tissue for Transplantation Act of 1993''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act. SEC. 2. FINDINGS. The Congress finds that reasonable assurance of the safety and effectiveness of human tissue for transplantation through regulatory oversight is necessary to protect the public health against the transmission of infectious disease or the conduct of medical therapy with human tissue unfit for use. SEC. 3. DEFINITIONS. Section 201 (21 U.S.C. 321) is amended-- (1) in the first sentence of paragraph (g)(1), by striking ``, and (D), and inserting ``, (D)'' and by inserting before the period ``, and (E) human tissue in combination with a drug as described in clause (A), (B), (C), or (D)'', (2) in paragraph (h), by inserting after ``implant,'' the following: ``human tissue (other than banked human tissue),'', and (3) by adding at the end the following: ``(gg)(1) The term `tissue' means an aggregate of cells or their intercellular substance that form a structural material. ``(2)(A) The term `banked human tissue' means any tissue-- ``(i) derived from a human body that is intended for administration to a human for the diagnosis, cure, mitigation, treatment or prevention of any condition or disease, ``(ii) procured, processed, stored, or distributed by methods to prevent the transmission of infectious disease and to preserve clinical usefulness, and ``(iii) not intended to change tissue structure or functional characteristics. ``(B) Such term does not include-- ``(i) whole organs, including hearts, kidneys, livers, lungs, pancreases, or any other organ containing vasculature that carries blood after transplantation, ``(ii) blood, blood products, bone marrow, reproductive tissue, or human milk, or ``(iii) autograft human tissue that is not stored or processed during a single surgical procedure.''. ``(3) The term `human tissue bank' means a person that procures, processes, stores, or distributes banked human tissue.''. SEC. 4. REGULATION OF HUMAN TISSUE BANKS Chapter V is amended by adding at the end the following: ``Subchapter D-Human Tissue Banks ``regulation of human tissue banks ``Sec. 545. (a) Prevention of Disease Transmission.--To prevent the transmission of infectious disease by the use of banked human tissue, the Secretary may by regulation require-- ``(1) the screening of donors of tissue, ``(2) the testing of donors of tissue and tissue donated, and ``(3) recordkeeping by human tissue banks, including records that provide a method to track tissue from a donor to a recipient and from a recipient to a donor, taking into account the privacy interest of donors, donor families, and recipients. ``(b) Good Tissue Banking Practice.--The Secretary shall by regulation establish good tissue banking practices by human tissue banks which may require-- ``(1) ascertainment of donor suitability, ``(2) recovery of cadaveric or living donor tissue, ``(3) tissue screening and acceptance, ``(4) validation of the manufacturing, equipment, and facilities used for banked human tissue, ``(5) finished tissue inspection and control, ``(6) inspection for quality control, ``(7) investigation of failures involving banked human tissue and files of complaints about such failures, ``(8) recordkeeping, ``(9) assurance of the quality of banked human tissue, ``(10) personnel requirements, including a requirement for a medical director who is a physician licensed to practice medicine in the State in which the bank is located, and ``(11) special practices for specific tissues. ``(c) Labeling, Advertising, and Promotion.--The Secretary may by regulation prescribe requirements for the labeling, advertising, and promotion of banked human tissue by human tissue banks. Such requirements shall include-- ``(1) requirements for adequate direction for use, and ``(2) information about results from the use of banked human tissue according to directions or under customary and usual conditions. ``(d) Operating Permits.-- ``(1) In general.--The Secretary shall by regulation require human tissue banks to acquire a permit for operation. Such a permit may be acquired by a human tissue bank if-- ``(A) the human tissue bank has on file with the Secretary an application for such permit which demonstrates, through supporting documentation, that the bank is in compliance with the requirements of subsections (a), (b), and (c), ``(B) the human tissue bank has on file with the Secretary an application for an exemption from the requirements of subsection (a), (b), or (c) and the Secretary has approved such application based upon-- ``(i) data from well controlled scientific studies designed to provide reasonable assurance that an exemption from such requirements is safe and does not reduce clinical utility, or ``(ii) a determination by the Secretary, after consultation with a Tissue Advisory Committee, that such an exemption does not affect the safety and effectiveness of the operations of such bank, or ``(C) the human tissue bank has on file with the Secretary an application for an exemption from the requirements of subsection (a), (b), or (c) to investigate new or existing standards, methods, or uses relating to tissue, such application is submitted with a proposed scientific protocol for such investigation, and the Secretary has determined that such investigation does not affect the safety and effectiveness of the operations of such bank and that patients of the bank will be protected by a requirement of adequate informed consent. ``(2) Permits.--The Secretary shall issue an operating permit to a human tissue bank if the Secretary determines the bank meets the requirements of paragraph (1). Such a permit shall identify the tissues banked by the bank and the methods of procurement, processing, storage, and distribution of such tissue which the Secretary had determined to be safe and effective. A permit shall be valid for such period as specified by the Secretary but not for more than 3 years. ``(3) Amendment.--The Secretary shall allow a human tissue bank which has a permit issued under paragraph (2) to amend the permit if under the amendment the human tissue bank is still in compliance with paragraph (1). ``(4) Revocation.--The Secretary shall revoke, in whole or in part, a permit of a human tissue bank issued under paragraph (2) if the Secretary determines that the bank is operating in a manner which is inconsistent with its permit and which places the bank out of compliance with paragraph (1). ``(e) Registration.--Each human tissue bank, except human tissue banks that operate solely for research or teaching, shall under regulations of the Secretary be required to register in accordance with the requirements of section 510 as made applicable under such regulations. ``(f) Regulations.--The Secretary shall promulgate the regulations required by subsection (a), (b), (c), (d), and (e) within 5 years of the date of the enactment of the Human Tissue for Transplantation Act of 1993 and shall be based on adequate scientific evidence. ``tissue advisory committees ``Sec. 546. (a) In General.--The Secretary shall establish a national advisory committee to be known as the Tissue Advisory Committee (hereinafter in this section referred to as the `advisory committee'). The advisory committee shall be established within one year of the date of the enactment of the Human Tissue for Transplantation Act of 1993. ``(b) Composition.--The advisory committee shall be comprised of not fewer than 13 or more than 19 individuals who are not officers or employees of the Federal Government. The Secretary shall make appointments to the advisory committee from among physicians, other health care practitioners, and representatives of human tissue bank consumers and industry groups whose clinical practice, research specialization, or expertise include a significant focus on tissue transplantation by human tissue banks. ``(c) Functions.--The advisory committee shall-- ``(1) advise the Secretary on appropriate quality standards and regulations for human tissue banks under section 545, ``(2) report on new developments concerning tissue transplantation, ``(3) advise the Secretary on appropriate standards for the prevention of infectious disease transmission by banked human tissues, ``(4) advise the Secretary on appropriate quality standards for good tissue banking practices under section 545(b), ``(5) advise the Secretary in the development of regulations to ensure that adequate directions for use of banked human tissues are provided by human tissue banks, ``(6) make recommendations in the establishment of mechanisms to investigate consumer complaints, and ``(7) perform such other activities as the Secretary may require. ``(d) Meetings.--The advisory committee shall meet not less often than quarterly during the first 3 years of its operation. ``(e) Chairperson.--The Secretary shall appoint the chairperson of the advisory committee from among members of the advisory committee.''. SEC. 5. ENFORCEMENT. (a) Adulteration.--Section 501 (21 U.S.C. 351) is amended-- (1) by inserting ``, banked human tissue,'' after ``drug'' before paragraph (a), (2) in paragraphs (a)(2)(B) and (d), by inserting ``or banked human tissue'' after ``drug'' each place it occurs, (3) by adding at the end the following: ``(j)(1) If it is banked human tissue and the materials, facilities, or controls used for its procurement, processing, distribution, or storage are not in conformity with the requirements of section 545(b). ``(2) If it is banked human tissue for which an exemption for investigation use of human tissue has been granted under section 545(d)(1)(D) and the person granted such exemption or any investigator fails to comply with the requirements of such section.'', and (4) in the title to the section, by inserting ``or banked human tissue'' after ``drugs. (b) Misbranding.--Section 502 (21 U.S.C. 352) is amended-- (1) by inserting ``, banked human tissue,'' after ``drug'' before paragraph (a), (2) in paragraph (f), the first sentence of paragraph (h), and (i), by inserting ``or banked human tissue'' after ``drug'' each place it occurs (3) in paragraph (o), by inserting ``or if an application or other information respecting it was not provided as required by section 545(d),'' after ``510(e)'', (4) by adding at the end the following: ``(u)(1) If it is banked human tissue subject to regulation under section 545(c) unless it bears such labeling as may be required. ``(2) If it is a banked human tissue distributed or offered for sale in any State and its promotion or advertising is false or misleading in any particular.'', and (5) in the title to the section, by inserting ``or banked human tissue'' after ``drugs. (c) Prohibited Acts.--Section 301 (21 U.S.C. 331) is amended-- (1) in paragraphs (a), (b), (c), (g), (h), (k), and (l), by inserting ``, banked human tissue'' after ``drug'' each place it occurs, (2) in paragraph (d), by striking ``404 or 505'' and inserting ``404, 505, or 545'', (3) in paragraph (j), by inserting ``, 545'' after ``520'', (4) in paragraph (p), by striking ``510,'' and inserting ``510 or 545(e),'', and (5) in paragraphs (q)(2) and (r), by inserting ``or banked human tissue'' after ``device''. (d) Penalties.--Section 303(f) (21 U.S.C. 333(f)) is amended by inserting ``or banked human tissues'' after ``devices''. (e) Seizures.--Section 304 (21 U.S.C. 334) is amended-- (1) in subsections (a)(1) and (d)(1), by inserting ``, banked human tissue'' after ``drug'', (2) in subsection (a)(1), by striking ``, and (D)'' and inserting ``(D) Any adulterated or misbranded banked human tissue, and (E)'', and (3) in subsection (g)(1), by striking ``or a vehicle, a device'' and inserting ``, a vehicle, a device, or banked human tissue'' and by inserting after each other occurrence of ``device'' the following: ``or banked human tissue''. (f) Investigations.--Section 702 (21 U.S.C. 372) is amended-- (1) in subsection (b), by inserting ``, banked human tissue'' after ``drug'', and (2) in subsection (d), by inserting ``or banked human tissues'' after ``drugs''. (g) Records of Interstate Shipment.--Section 703 (21 U.S.C. 373) is amended-- (1) by inserting ``or banked human tissues'' after ``drugs'' each place it occurs, and (2) by inserting ``or banked human tissue'' after ``drug'' each place it occurs. (h) Inspections.--Section 704 (21 U.S.C. 374) is amended-- (1) in subsection (a)(1)(A), by inserting ``, banked human tissues'' after ``drugs'' each place it occurs, (2) in subsection (a)(1)(B), by inserting ``, banked human tissues'' after ``prescription drugs'' each place it occurs, and (3) in subsection (b), by inserting ``, banked human tissue'' after ``drug''. (i) Publicity.--Section 705(b) (21 U.S.C. 375(b)) is amended by inserting ``, banked human tissues'' after ``drugs''. (j) Interstate Commerce Presumption.--Section 709 (21 U.S.C. 379a) is amended by inserting ``or banked human tissue'' after ``device''. (k) Imports and Exports.--Section 801 (21 U.S.C 381) is amended-- (1) in the first sentence of subsection (a), by inserting ``, banked human tissues'' and ``drugs'', (2) in subsection (a)(3), by inserting ``or 545'' after ``505'', and (3) in subsections (b) and (e)(1), by inserting ``, banked human tissue'' after ``drug''. SEC. 6. FUNDING. (a) Imposition.--Each human tissue bank-- (1) which has a permit issued under section 545(d) shall pay a fee for such permit, and (2) which is registered under section 545(e) shall pay a fee for such registration. The fees imposed under this subsection are imposed to cover the costs of the Secretary in the implementation of sections 545 and 546. (b) Fee Amount.--The Secretary shall determine the amount of the fees imposed by subsection (a) on the basis of the gross revenue of the human tissue bank paying the fee which relates to the procurement, processing, storage, and distribution of human tissue. (c) Crediting and Availability of Fees.-- (1) In general.--Fees collected for a fiscal year pursuant to subsection (a) shall be credited to the appropriation account for salaries and expenses of the Secretary and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. (2) Collections.--The fees imposed under subsection (a)-- (A) shall be collected in each fiscal year in an amount equal to the amount specified in appropriation Acts for such fiscal year, and (B) shall only be collected and available to defray the costs of implementing sections 545 and 546. (d) Effective Date.--The fee authorized by subsection (a)(1) shall take effect 4 years after the date of the enactment of the Human Tissue for Transplantation Act of 1993 and the fee authorized by subsection (a)(2) shall take effect one year after the date of the enactment. SEC. 7. HUMAN HEART VALVES. (a) Enforcement.--The Secretary of Health and Human Services may not enforce the Secretary's regulation, promulgated on May 13, 1987, and published at page 18162 of 52 Federal Register, insofar as such regulation applies to human heart valves. (b) Premarket Approval Determination.--The determination of the Secretary issued June 26, 1991 (56 FR 29177), acting through the Food and Drug Administration, that human heart valves are replacement heart valves subject to premarket approval under section 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e) shall have no legal force and effect.", "summary": "Human Tissue for Transplantation Act of 1993 - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of human tissue banks and tissue banking practices. Directs the Secretary of Health and Human Services to establish a Tissue Advisory Committee for advice on standards and regulations. Provides for the use of tissue bank permit fees to cover costs of implementing this Act. Prohibits the Secretary from enforcing existing regulations that treat human heart valves as medical devices subject to premarket approval. Rescinds the determination by the Secretary that human heart valves must undergo premarket approval."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Alternatives for Energy Independence Act of 2005''. SEC. 2. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF 2005 FOR OIL AND GAS. (a) Repeal.--The following provisions, and amendments made by such provisions, of the Energy Policy Act of 2005 are hereby repealed: (1) Section 1323 (relating to temporary expensing for equipment used in refining of liquid fuels). (2) Section 1324 (relating to pass through to owners of deduction for capital costs incurred by small refiner cooperatives in complying with Environmental Protection Agency sulfur regulations). (3) Section 1325 (relating to natural gas distribution lines treated as 15-year property). (4) Section 1326 (relating to natural gas gathering lines treated as 7-year property). (5) Section 1328 (relating to determination of small refiner exception to oil depletion deduction). (6) Section 1329 (relating to amortization of geological and geophysical expenditures). (b) Administration of Internal Revenue Code of 1986.--The Internal Revenue Code of 1986 shall be applied and administered as if the provisions, and amendments, specified in subsection (a) had never been enacted. SEC. 3. INCREASE IN FUEL CELL TAX INCENTIVES FOR RESIDENTIAL AND BUSINESS USES. (a) Residential Use.--Subparagraph (C) of section 25D(b)(1) of the Internal Revenue Code of 1986 (relating to maximum credit) is amended by striking ``$500'' and inserting ``$1,000''. (b) Business Use.-- (1) Increase.--Subparagraph (B) of section (48)(c)(1) of such Code (relating to qualified fuel cell property) is amended by striking ``$500'' and inserting ``$1,000''. (2) Extension.--Subparagraph (E) of section (48)(c)(1) of such Code (relating to termination) is amended by striking ``December 31, 2007'' and inserting ``December 31, 2012''. SEC. 4. ALTERNATIVE MOTOR VEHICLE TAX INCENTIVES. (a) Increases in Credit.-- (1) New qualified fuel cell motor vehicle.--Subsection (b) of section 30B of such Code (relating to new qualified fuel cell motor vehicle credit) is amended-- (A) in paragraph (1)-- (i) by striking ``$8,000'' in subparagraph (A) and inserting ``$16,000'', (ii) by striking ``$10,000'' in subparagraph (B) and inserting ``$20,000'', (iii) by striking ``$20,000'' in subparagraph (C) and inserting ``$40,000'', and (iv) by striking ``$40,000'' in subparagraph (D) and inserting ``$80,000'', and (B) in paragraph (2)(A)-- (i) by striking ``$1,000'' in clause (i) and inserting ``$2,000'', (ii) by striking ``$1,500'' in clause (ii) and inserting ``$3,000'', (iii) by striking ``$2,000'' in clause (iii) and inserting ``$4,000'', (iv) by striking ``$2,500'' in clause (iv) and inserting ``$5,000'', (v) by striking ``$3,000'' in clause (v) and inserting ``$6,000'', (vi) by striking ``$3,500'' in clause (vi) and inserting ``$7,000'', and (vii) by striking ``$4,000'' in clause (vii) and inserting ``$8,000''. (2) New advanced lean burn technology motor vehicle.-- (A) Fuel economy.--The table in clause (i) of section 30B(c)(2)(A) of such Code (relating to fuel economy) is amended-- (i) by striking ``$400'' and inserting ``$800'', (ii) by striking ``$800'' and inserting ``$1,600'', (iii) by striking ``$1,200'' and inserting ``$2,400'', (iv) by striking ``$1,600'' and inserting ``$3,200'', (v) by striking ``$2,000'' and inserting ``$4,000'', and (vi) by striking ``$2,400'' and inserting ``$4,800''. (B) Conservation.--The table in subparagraph (B) of section 30B(c)(2) of such Code (relating to conservation credit) is amended-- (i) by striking ``$250'' and inserting ``$500'', (ii) by striking ``$500'' and inserting ``$1,000'', (iii) by striking ``$750'' and inserting ``$1,500'', and (iv) by striking ``$1,000'' and inserting ``$2,000''. (b) Expansion of Number of New Qualified Hybrid and Advanced Lean Burn Technology Vehicles Eligible for Credit.--Paragraph (2) of section 30B(f) of such Code (relating to phaseout) is amended by striking ``60,000'' and inserting ``120,000''. (c) Increase in Credit for Alternative Fuel Vehicle Refueling Property.--Subsection (b) of section 30C of such Code (relating to limitation) is amended-- (1) in paragraph (1) by striking ``$30,000'' and inserting ``$60,000'', and (2) in paragraph (2) by striking ``$1,000'' and inserting ``$2,000''. (d) Extensions of Incentives.-- (1) New qualified fuel cell motor vehicle.--Paragraph (1) of section 30B(j) of such Code (relating to termination) is amended by striking ``December 31, 2014'' and inserting ``December 31, 2019''. (2) Alternative fuel vehicle refueling property.-- (A) Hydrogen-related property.--Paragraph (1) of section 30C(g) of such Code (relating to termination) is amended by striking ``December 31, 2014'' and inserting ``December 31, 2019''. (B) Other fuels-related property.--Paragraph (2) of section 30C(g) of such Code (relating to termination) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the Energy Policy Act of 2005 to which they relate.", "summary": "Clean Alternatives for Energy Independence Act of 2005 - Repeals certain tax benefits relating to oil and natural gas enacted by the Energy Policy Act of 2005. Amends the Internal Revenue Code to increase: (1) the tax credit for investment in residential and business fuel cell property; (2) the tax credit for investment in fuel cell motor and advanced lean burn technology motor vehicles; (3) the number of hybrid and advanced lean burn technology vehicles eligible for the alternative motor vehicle tax credit; and (4) the tax credit for investment in commercial and residential alternative fuel vehicle refueling property. Extends through 2012 the tax credit for business fuel cell property. Extends through 2019 the tax credits for: (1) investment in qualified fuel cell motor vehicles; (2) investment in alternative fuel vehicle refueling hydrogen-related property (through 2011 for other fuel-related property)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Security Act of 2010''. SEC. 2. PROHIBITION OF POSSESSION OF FIREARMS AT AIRPORTS. (a) Program To Prohibit Possession.--Section 44903 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(m) Program To Prohibit Possession of Firearms at Airports.-- ``(1) Establishment.--The Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish and carry out a program to prohibit, except as provided in paragraph (3), any individual from possessing a firearm at a covered airport, including any individual who enters the airport, or who exits public transportation at the airport, for the following purposes: ``(A) Air travel. ``(B) Meeting another individual. ``(C) Picking up cargo. ``(D) Employment at the airport. ``(2) Requirements for airport operators.--In carrying out the program established under paragraph (1), the Assistant Secretary shall require each airport operator to-- ``(A) conspicuously display notices summarizing the program-- ``(i) at each entrance to the airport; and ``(ii) in such form, and containing such information, as the Assistant Secretary shall by regulation prescribe; and ``(B) require law enforcement personnel to-- ``(i) monitor the airport to prevent violations of paragraph (1); and ``(ii) escort any individual described in paragraph (3)(B)(ii) who is discovered by such personnel to be in possession of a firearm referred to in paragraph (3)(B)(i), to ensure that such individual continues to be excepted from paragraph (1) by reason of paragraph (3)(B). ``(3) Exceptions.--The following individuals shall not be prohibited by paragraph (1) from possessing a firearm under such paragraph: ``(A) Individuals authorized to carry a firearm.-- An individual who, by regulation, is authorized by the Administrator of the Federal Aviation Administration or the Assistant Secretary to carry a firearm at the covered airport. ``(B) Travelers.--An individual who possesses a firearm, if-- ``(i) the firearm is unloaded, carried in a hard-sided container that is locked, and the key or combination to the lock is in the exclusive possession of the individual; and ``(ii) the individual-- ``(I) is carrying a ticket in the name of the individual for a flight that is scheduled for departure from the covered airport within 24 hours or that has arrived at the airport within the preceding 24 hours; or ``(II) communicates the intention to obtain a ticket for departure referred to in subclause (I) at the covered airport and obtains and carries such ticket or does not obtain such ticket for a compelling reason. ``(C) Individuals shipping firearms.--An individual who possesses a firearm in a capacity relating to the shipment of the firearm in air commerce and who, by regulation, is authorized by the Administrator of the Federal Aviation Administration or the Assistant Secretary to possess the firearm at the covered airport in such capacity. ``(D) Law enforcement officers.--An on-duty law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Federal Government, who is authorized to carry a firearm. ``(E) Certain individuals on public transportation.--An individual passing through an airport on public transportation. ``(F) Additional authorized individuals.--An individual who is otherwise authorized by the Administrator of the Federal Aviation Administration or the Assistant Secretary to possess a firearm at a covered airport. ``(4) Issuance of regulations.--Not later than one year after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall issue regulations to carry out this subsection. ``(5) Definitions.--In this subsection: ``(A) Airport.--The term `airport' means an airport and any appurtenant building or area that is related to the operation of the airport, including a building or area on the site of the airport designed to-- ``(i) receive passengers or cargo before or after a flight; or ``(ii) facilitate arrival at or departure from the airport, including-- ``(I) a road or section of road used primarily for arrival at or departure from the airport; ``(II) an airport parking area; and ``(III) a public transportation stop. ``(B) Airport operator.--The term `airport operator' means the operator of a covered airport. ``(C) Assistant secretary.--The term `Assistant Secretary' means the Assistant Secretary of Homeland Security (Transportation Security Administration). ``(D) Covered airport.--The term `covered airport' means an airport that in the preceding fiscal year received an amount allocated or apportioned under chapter 471. ``(E) Firearm.--The term `firearm' has the meaning given the term in section 921(a)(3) of title 18. ``(F) Public transportation.--The term `public transportation' means a conveyance that provides regular and continuing general or special transportation to the public.''. (b) Criminal Penalty for Possession.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 932. Possession of firearms at airports ``(a) In General.--Except as provided in subsection (b), an individual who knowingly possesses a firearm at a covered airport shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Exceptions.--Subsection (a) shall not apply to an individual described in section 44903(m)(3) of title 49. ``(c) Definition of Covered Airport.--In this section, the term `covered airport' has the meaning given the term in section 44903(m)(5)(D) of title 49.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date that is 30 days after the date on which the Assistant Secretary of Homeland Security (Transportation Security Administration) has issued regulations pursuant to section 44903(m)(4) of title 49, United States Code (as added by subsection (a)). (3) Conforming amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following new item: ``932. Possession of firearms at airports.''.", "summary": "Airport Security Act of 2010 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration [TSA]) to establish a program to prohibit all but specified authorized individuals from possessing a firearm at a covered airport, including any individual who enters the airport, or exits public transportation at it, for air travel, meeting another individual, picking up cargo, or employment. Directs the Assistant Secretary to require airport operators to: (1) display conspicuous notices summarizing the program at each airport entrance; and (2) require law enforcement personnel to monitor the airport to prevent violations and escort air travelers who are authorized to carry a firearm. Prescribes criminal penalties for nonauthorized individuals who knowingly possess a firearm at a covered airport."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fixed Asset Relief Act of 2015''. SEC. 2. BONUS DEPRECIATION INCREASED TO 100 PERCENT AND MADE PERMANENT. (a) Increase.--Section 168(k)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' and inserting ``100 percent''. (b) Made Permanent.--Section 168(k)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Qualified property.--For purposes of this subsection-- ``(A) In general.--The term `qualified property' means property-- ``(i)(I) to which this section applies which has a recovery period of 20 years or less, ``(II) which is computer software (as defined in section 167(f)(1)(B)) for which a deduction is allowable under section 167(a) without regard to this subsection, ``(III) which is water utility property, or ``(IV) which is qualified leasehold improvement property, and ``(ii) the original use of which commences with the taxpayer. ``(B) Exception for alternative depreciation property.--The term `qualified property' shall not include any property to which the alternative depreciation system under subsection (g) applies, determined-- ``(i) without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and ``(ii) after application of section 280F(b) (relating to listed property with limited business use). ``(C) Special rules.-- ``(i) Sale-leasebacks.--For purposes of clause (ii) and subparagraph (A)(ii), if property is-- ``(I) originally placed in service by a person, and ``(II) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II). ``(ii) Syndication.--For purposes of subparagraph (A)(ii), if-- ``(I) property is originally placed in service by the lessor of such property, ``(II) such property is sold by such lessor or any subsequent purchaser within 3 months after the date such property was originally placed in service (or, in the case of multiple units of property subject to the same lease, within 3 months after the date the final unit is placed in service, so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed 12 months), and ``(III) the user of such property after the last sale during such 3-month period remains the same as when such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date of such last sale. ``(D) Coordination with section 280f.--For purposes of section 280F-- ``(i) Automobiles.--In the case of a passenger automobile (as defined in section 280F(d)(5)) which is qualified property, the Secretary shall increase the limitation under section 280F(a)(1)(A)(i) by $8,000. ``(ii) Listed property.--The deduction allowable under paragraph (1) shall be taken into account in computing any recapture amount under section 280F(b)(2). ``(iii) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2015, the $8,000 amount in clause (i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the automobile price inflation adjustment determined under section 280F(d)(7)(B)(i) for the calendar year in which such taxable year begins by substituting `2014' for `1987' in subclause (II) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100. ``(E) Deduction allowed in computing minimum tax.-- For purposes of determining alternative minimum taxable income under section 55, the deduction under section 167 for qualified property shall be determined without regard to any adjustment under section 56.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014.", "summary": "Fixed Asset Relief Act of 2015 This bill amends the Internal Revenue Code to increase the additional depreciation allowance (bonus depreciation) from 50% to 100% of the adjusted basis of qualifying business property and to make such increased allowance permanent."}
{"article": "SECTION 1. TREATMENT OF CERTAIN PROPERTY OF THE SILETZ TRIBE OF THE STATE OF OREGON. Section 7 of the Siletz Tribe Indian Restoration Act (25 U.S.C. 711e) is amended by adding at the end the following: ``(f) Treatment of Certain Property.-- ``(1) In general.--The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1855 Siletz Coast Reservation established by Executive Order dated November 9, 1855, comprised of land within the political boundaries of Benton, Douglas, Lane, Lincoln, Tillamook, and Yamhill Counties in the State of Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the tribe. ``(2) Treatment as part of reservation.--Subject to paragraph (3), all real property that is taken into trust under paragraph (1) shall-- ``(A) be considered and evaluated as an on- reservation acquisition under part 151.10 of title 25, Code of Federal Regulations (or successor regulations); and ``(B) become part of the reservation of the tribe. ``(3) Approval of county governments.-- ``(A) Definition of county.--In this paragraph, the term `County' means the following counties in the State of Oregon: ``(i) Benton County. ``(ii) Douglas County. ``(iii) Lane County. ``(iv) Lincoln County. ``(v) Tillamook County. ``(vi) Yamhill County. ``(B) Notification to secretary.-- ``(i) Opt-in.-- ``(I) In general.--Subject to clause (iii), any real property taken into trust under this subsection shall be considered and evaluated as an on- reservation acquisition under part 151.10 of title 25, Code of Federal Regulations (or successor regulations), if the Board of County Commissioners or other appropriate County executive of the County in which the real property is located submits to the Secretary written approval of that consideration and evaluation in the form of a resolution or other appropriate governing document. ``(II) Action by secretary.--If a Board of County Commissioners or other appropriate County executive submits written approval to the Secretary under subclause (I), the Secretary shall consider and evaluate in accordance with subclause (I) any real property taken into trust in that County under this subsection by not later than 30 days after the date on which the Secretary receives the written approval. ``(ii) Other acquisitions.--If a Board of County Commissioners or other appropriate County executive does not submit written approval to the Secretary under subclause (I), any real property taken into trust in that County under this subsection shall be considered and evaluated under the appropriate provisions of part 151 of title 25, Code of Federal Regulations (or successor regulations), as determined by the Secretary. ``(iii) Opt-out.-- ``(I) In general.--A Board of County Commissioners or other appropriate County executive that submits written approval to the Secretary under clause (i)(I) may revoke that approval by submitting to the Secretary written documentation of the revocation in the form of a resolution or other appropriate governing document for-- ``(aa) any real property taken into trust in that County under this subsection; or ``(bb) a specific transaction in which real property is taken into trust in that County under this subsection. ``(II) No retroactivity.--Any revocation submitted under subclause (I) shall apply only to real property that is taken into trust on or after the date on which the Secretary receives the revocation. ``(III) Action by secretary.-- ``(aa) In general.--If a Board of County Commissioners or other appropriate County executive submits a revocation to the Secretary under subclause (I)(aa), the Secretary shall consider and evaluate any real property taken into trust in that County under the appropriate provisions of part 151 of title 25, Code of Federal Regulations (or successor regulations), as determined by the Secretary, by not later than 30 days after the date on which the Secretary receives the revocation. ``(bb) Specific transactions.--If a Board of County Commissioners or other appropriate County executive submits a revocation to the Secretary under subclause (I)(bb), the Secretary shall consider and evaluate that specific transaction in which real property is taken into trust in that County under this subsection under the appropriate provisions of part 151 of title 25, Code of Federal Regulations (or successor regulations), as determined by the Secretary, beginning on the date on which the Secretary receives the revocation. ``(4) Prohibition on gaming.--Any real property taken into trust under paragraph (1) shall not be eligible, or used, for any gaming activity carried out under the Indian Gaming Regulatory Act (25 U.S.C.A. 2701 et seq.).''.", "summary": "Amends the Siletz Tribe Indian Restoration Act to authorize the Secretary of the Interior to take into trust for the Siletz Tribe additional lands that lie within the original 1855 Siletz Coast Reservation and are located in Benton, Douglas, Lane, Lincoln, Tillamook, or Yamhill County in Oregon. Requires such land to be considered and evaluated as an on-reservation acquisition and become part of the Tribe's reservation if the county in which the land is located submits a written approval of such evaluation and consideration to the Secretary. (Off-reservation land acquisition requests require the Secretary to give greater scrutiny to the tribe's justification of the anticipated benefits from the acquisition.) Prohibits gaming on lands taken into trust pursuant to this Act."}
{"article": "SECTION 1. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393 the following section: ``prevention of traumatic brain injury ``Sec. 393A. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may carry out projects to reduce the incidence of traumatic brain injury. Such projects may be carried out by the Secretary directly or through awards of grants or contracts to public or nonprofit private entities. The Secretary may directly or through such awards provide technical assistance with respect to the planning, development, and operation of such projects. ``(b) Certain Activities.--Activities under subsection (a) may include-- ``(1) the conduct of research into identifying effective strategies for the prevention of traumatic brain injury; and ``(2) the implementation of public information and education programs for the prevention of such injury and for broadening the awareness of the public concerning the public health consequences of such injury. ``(c) Coordination of Activities.--The Secretary shall ensure that activities under this section are coordinated as appropriate with other agencies of the Public Health Service that carry out activities regarding traumatic brain injury. ``(d) Definition.--For purposes of this section, the term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary.''. SEC. 2. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH. Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) is amended-- (1) in subsection (d)-- (A) in paragraph (2), by striking ``and'' after the semicolon at the end; (B) in paragraph (3), by striking the period and inserting ``; and''; and (C) by adding at the end the following paragraph: ``(4) the authority to make awards of grants or contracts to public or nonprofit private entities for the conduct of basic and applied research regarding traumatic brain injury, which research may include-- ``(A) the development of new methods and modalities for the more effective diagnosis, measurement of degree of injury, post-injury monitoring and prognostic assessment of head injury for acute, subacute and later phases of care; ``(B) the development, modification and evaluation of therapies that retard, prevent or reverse brain damage after acute head injury, that arrest further deterioration following injury and that provide the restitution of function for individuals with long-term injuries; ``(C) the development of research on a continuum of care from acute care through rehabilitation, designed, to the extent practicable, to integrate rehabilitation and long-term outcome evaluation with acute care research; and ``(D) the development of programs that increase the participation of academic centers of excellence in head injury treatment and rehabilitation research and training.''; and (2) in subsection (h), by adding at the end the following paragraph: ``(4) The term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary.''. SEC. 3. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. Part E of title XII of the Public Health Service Act (42 U.S.C. 300d-51 et seq.) is amended by adding at the end the following section: ``SEC. 1252. STATE GRANTS FOR DEMONSTRATION PROJECTS REGARDING TRAUMATIC BRAIN INJURY. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to States for the purpose of carrying out demonstration projects to improve access to health and other services regarding traumatic brain injury. ``(b) State Advisory Board.-- ``(1) In general.--The Secretary may make a grant under subsection (a) only if the State involved agrees to establish an advisory board within the appropriate health department of the State or within another department as designated by the chief executive officer of the State. ``(2) Functions.--An advisory board established under paragraph (1) shall advise and make recommendations to the State on ways to improve services coordination regarding traumatic brain injury. Such advisory boards shall encourage citizen participation through the establishment of public hearings and other types of community outreach programs. In developing recommendations under this paragraph, such boards shall consult with Federal, State, and local governmental agencies and with citizens groups and other private entities. ``(3) Composition.--An advisory board established under paragraph (1) shall be composed of-- ``(A) representatives of-- ``(i) the corresponding State agencies involved; ``(ii) public and nonprofit private health related organizations; ``(iii) other disability advisory or planning groups within the State; ``(iv) members of an organization or foundation representing traumatic brain injury survivors in that State; and ``(v) injury control programs at the State or local level if such programs exist; and ``(B) a substantial number of individuals who are survivors of traumatic brain injury, or the family members of such individuals. ``(c) Matching Funds.-- ``(1) In general.--With respect to the costs to be incurred by a State in carrying out the purpose described in subsection (a), the Secretary may make a grant under such subsection only if the State agrees to make available, in cash, non-Federal contributions toward such costs in an amount that is not less than $1 for each $2 of Federal funds provided under the grant. ``(2) Determination of amount contributed.--In determining the amount of non-Federal contributions in cash that a State has provided pursuant to paragraph (1), the Secretary may not include any amounts provided to the State by the Federal Government. ``(d) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(e) Coordination of Activities.--The Secretary shall ensure that activities under this section are coordinated as appropriate with other agencies of the Public Health Service that carry out activities regarding traumatic brain injury. ``(f) Report.--Not later than 2 years after the date of the enactment of this section, the Secretary shall submit to the Committee on Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the findings and results of the programs established under this section, including measures of outcomes and consumer and surrogate satisfaction. ``(g) Definition.--For purposes of this section, the term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary. ``(h) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1997 through 1999.''. SEC. 4. STUDY; CONSENSUS CONFERENCE. (a) Study.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the appropriate agencies of the Public Health Service, shall conduct a study for the purpose of carrying out the following with respect to traumatic brain injury: (A) In collaboration with appropriate State and local health-related agencies-- (i) determine the incidence and prevalence of traumatic brain injury; and (ii) develop a uniform reporting system under which States report incidents of traumatic brain injury, if the Secretary determines that such a system is appropriate. (B) Identify common therapeutic interventions which are used for the rehabilitation of individuals with such injuries, and shall, subject to the availability of information, include an analysis of-- (i) the effectiveness of each such intervention in improving the functioning of individuals with brain injuries; (ii) the comparative effectiveness of interventions employed in the course of rehabilitation of individuals with brain injuries to achieve the same or similar clinical outcome; and (iii) the adequacy of existing measures of outcomes and knowledge of factors influencing differential outcomes. (C) Develop practice guidelines for the rehabilitation of traumatic brain injury at such time as appropriate scientific research becomes available. (2) Dates certain for reports.-- (A) Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the findings made as a result of carrying out paragraph (1)(A). (B) Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to the Committees specified in subparagraph (A) a report describing the findings made as a result of carrying out subparagraphs (B) and (C) of paragraph (1). (b) Consensus Conference.--The Secretary, acting through the Director of the National Center for Medical Rehabilitation Research within the National Institute for Child Health and Human Development, shall conduct a national consensus conference on managing traumatic brain injury and related rehabilitation concerns. (c) Definition.--For purposes of this section, the term ``traumatic brain injury'' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary. (d) Authorizations of Appropriations.--For the purpose of carrying out subsection (a)(1)(A), there is authorized to be appropriated $3,000,000 for each of the fiscal years 1997 through 1999. For the purpose of carrying out the other provisions of this section, there is authorized to be appropriated an aggregate $500,000 for the fiscal years 1997 through 1999. Amounts appropriated for such other provisions remain available until expended. SEC. 5. TECHNICAL AMENDMENTS. Title XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et seq.), as amended by Public Law 104-146 (the Ryan White CARE Act Amendments of 1996), is amended-- (1) in section 2626-- (A) in subsection (d), in the first sentence, by striking ``(1) through (5)'' and inserting ``(1) through (4)''; and (B) in subsection (f), in the matter preceding paragraph (1), by striking ``(1) through (5)'' and inserting ``(1) through (4)''; and (2) in section 2692-- (A) in subsection (a)(1)(A)-- (i) by striking ``title XXVI programs'' and inserting ``programs under this title''; and (ii) by striking ``infection and''; and (B) by striking subsection (c) and all that follows and inserting the following: ``(c) Authorization of Appropriations.-- ``(1) Schools; centers.--For the purpose of grants under subsection (a), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1996 through 2000. ``(2) Dental schools.--For the purpose of grants under subsection (b), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1996 through 2000.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Amends the Public Health Service Act to authorize grants and contracts for research and public information projects to reduce the incidence of traumatic brain injury. (Sec. 2) Requires the National Institutes of Health's trauma research program to include the authority to award grants or contracts for basic and applied traumatic brain injury research. (Sec. 3) Authorizes grants to States for demonstration projects to improve access to health and other services regarding traumatic brain injury. Requires State establishment of an advisory board. Authorizes appropriations. (Sec. 4) Mandates a study concerning traumatic brain injuries and a national consensus conference on managing traumatic brain injury and rehabilitation. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Investment and Economic Development Fund for the Americas Act of 2003''. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) The historic economic, political, cultural, and geographic relationships among the countries of the Western Hemisphere are unique and of continuing special significance to the United States. (2) The interests of the countries of the Western Hemisphere are more interrelated today than ever before. Consequently, sound economic, social, and democratic progress in each of the countries continues to benefit other countries, and lack of it in any country may have serious repercussions in others. (3) Following the historic Summits of the Americas--the 1994 Summit in Miami, the 1998 Summit in Santiago, Chile, and the 2001 Summit in Quebec City, Canada--the heads of state of the countries of the Western Hemisphere accepted the formidable challenge of economic and social integration in and between their respective countries. (4) To make progress toward economic and social integration, there is a compelling need to focus on the social development of the people of the Americas which, in turn, will promote the economic and political development of the region. (5) Investment in social development in the Americas, including investment in human and social capital, specifically in education, health, housing, and labor markets with the goal of combating social exclusion and social ills, will consolidate political democracy and the rule of law and promote regional economic integration and trade in the region. (6) The challenge of achieving economic integration between one of the world's most developed economies and some of the poorest and most vulnerable countries requires a special effort to promote social equality, develop skills, and modernize the infrastructure in poorer countries that will enable the people of these countries to maximize the amount of benefits accrued from economic integration. (7) The particular challenge facing social and economic development in Latin America is the historic and persistent highly unequal distribution of wealth. Latin America suffers from the most unequal distribution of wealth in the world with huge inequities in the distribution of assets including education, land, and credit. (8) Latin America also confronts the challenge of an increasing number of poor people. As of today, approximately one-third of the population lives in poverty and increasing numbers live in extreme poverty. Poverty exists in all Latin American countries but 70 percent of the region's poor live in the five largest middle-income countries. (9) Marginalized groups, including indigenous populations, people of African descent, women, people with disabilities, and rural populations, are socially excluded and suffer from poverty, stigma, and discrimination. (10) Democratic values are dominant throughout the Americas, and nearly all governments in the region have come to power through democratic elections. (11) Nonetheless, existing democratic governments and their constituent institutions remain fragile and face critical challenges including effective democratic civilian authority over these institutions, including the military, the consolidation or establishment of independent judicial institutions and the rule of law, and the elimination of corruption. (12) The prosperity, security, and well-being of the United States is linked directly to peace, prosperity, and democracy in the Americas. The entire region benefits by reducing poverty, strengthening the middle class, and promoting the rule of law which will also increase markets for United States goods and create a better environment for regional investment by United States businesses. (13) Section 101 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151) establishes as a principal objective of United States foreign assistance the ``encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to development and to build the economic, political, and social institutions which will improve the quality of their lives''. (14) It is in the national interests of the United States to assist developing countries in the Western Hemisphere as they implement the economic and political policies which are necessary to achieve equitable economic growth. (15) The Summit of the Americas has directly charged the multilateral institutions of the Americas, including the Organization of American States (OAS), the Inter-American Development Bank (IADB), and the new Inter-American Agency for Cooperation and Development with mobilizing private-public sector partnerships among industry and civil society to help achieve equitable development objectives. (16) By supporting the purposes and objectives of development and applying such purposes and objectives to the Americas, a Social Investment and Economic Development Fund for the Americas can advance the national interests of the United States and can directly improve the lives of the poor and marginalized groups, encourage broad-based economic growth while protecting the environment, build human capital and knowledge, support meaningful participation in democracy, and promote peace and justice in the Americas. (b) Statement of Policy.--It is, therefore, the policy of the United States-- (1) to promote market-based principles, economic integration, social development, and trade in and between countries of the Americas by-- (A) nurturing public-private partnerships and microenterprise development; (B) improving the quality of life and investing in human capital, specifically targeting education, health and disease prevention, and housing; (C) strengthening the rule of law through improved efficiency and transparency in government services; and (D) reducing poverty and eliminating the exclusion of marginalized populations, including people of African descent, indigenous groups, women, and people with disabilities; and (2) to establish an investment fund for the Western Hemisphere to advance the national interests of the United States, directly improve the lives of the poor and marginalized, encourage broad-based economic growth while protecting the environment, build human capital and knowledge, support meaningful participation in democratic institutions and processes, and promote peace and justice in the Americas. SEC. 3. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 1961. Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``CHAPTER 13--SOCIAL INVESTMENT AND ECONOMIC DEVELOPMENT FUND FOR THE AMERICAS ``SEC. 499H. AUTHORIZATION OF ASSISTANCE. ``(a) In General.--The President, acting through the Administrator of the United States Agency for International Development, shall provide assistance to reduce poverty and foster increased economic opportunity in the countries of the Western Hemisphere by-- ``(1) nurturing public-private partnerships and microenterprise development; ``(2) improving the quality of life and investing in human capital, specifically targeting education, health and disease prevention, and housing; ``(3) strengthening the rule of law through improved efficiency and transparency in government services; and ``(4) reducing poverty and eliminating the exclusion of marginalized populations, including people of African descent, indigenous groups, women, and people with disabilities. ``(b) Terms and Conditions.--Assistance under this chapter may be provided on such other terms and conditions as the President may determine. ``SEC. 499I. TECHNICAL REVIEW COMMITTEE. ``(a) In General.--There is established within the United States Agency for International Development a technical review committee. ``(b) Membership.--The President, by and with the advice and consent of the Senate, shall appoint to serve on the technical review committee-- ``(1) individuals with technical expertise with respect to the development of Latin America and the Caribbean; and ``(2) citizens of the United States with technical expertise with respect to development projects and business experience. Technical expertise shall be the sole criterion in making appointments to the technical review committee. ``(c) Duties.--The technical review committee shall review all projects proposed for funding using assistance provided under section 499H(a), and make recommendations to the President with respect to the guidelines to be used in evaluating project proposals and the suitability of the proposed projects for funding. ``(d) Conflicts of Interest.--A member of the technical review committee shall not be permitted to review an application submitted by an organization with which the member has been or is affiliated. ``SEC. 499J. REPORT. ``The President shall prepare and transmit to the Committee on International Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, and other appropriate congressional committees an annual report on the specific programs, projects, and activities carried out under this chapter during the preceding year, including an evaluation of the results of such programs, projects, and activities. ``SEC. 499K. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this chapter $250,000,000 for each of the fiscal years 2005 through 2009. ``(b) Additional Authorities.--Amounts appropriated pursuant to subsection (a)-- ``(1) may be referred to as the `United States Social Investment and Economic Development Fund for the Americas'; ``(2) are authorized to remain available until expended; and ``(3) are in addition to amounts otherwise available for such purposes. ``(c) Funding Limitation.--Not more than 7 percent of the amounts appropriated pursuant to subsection (a) for a fiscal year may be used for administrative expenses.''. SEC. 4. AMENDMENT TO THE INTER-AMERICAN DEVELOPMENT BANK ACT. The Inter-American Development Bank Act (22 U.S.C. 283--283z-10) is amended by adding at the end the following: ``SEC. 39. SOCIAL INVESTMENT AND ECONOMIC DEVELOPMENT FUND FOR THE AMERICAS. ``(a) In General.--The Secretary of the Treasury shall instruct the United States Executive Director at the Bank to use the voice, vote, and influence of the United States to urge the Bank to establish an account to be known as the `Social Investment and Economic Development Fund for the Americas' (in this section referred to as the `Fund'), which is to be operated and administered by the Board of Executive Directors of the Bank consistent with subsection (b). The United States Governor of the Bank may vote for a resolution transmitted by the Board of Executive Directors which provides for the establishment of such an account, and the operation and administration of the account consistent with subsection (b). ``(b) Governing Rules.-- ``(1) Use of funds.--The Fund shall be used to provide assistance to reduce poverty and foster increased economic opportunity in the countries of the Western Hemisphere by-- ``(A) nurturing public-private partnerships and microenterprise development; ``(B) improving the quality of life and investing in human capital, specifically targeting education, health and disease prevention, and housing; ``(C) strengthening the rule of law through improved efficiency and transparency in government services; and ``(D) reducing poverty and eliminating the exclusion of marginalized populations, including people of African descent, indigenous groups, women, and people with disabilities. ``(2) Application for funding through a competitive process.--Any interested person or organization may submit an application for funding by the Fund. ``(3) Technical review committee.-- ``(A) In general.--The Fund shall have a technical review committee. ``(B) Membership.--The Board of Executive Directors of the Bank shall appoint to serve on the technical review committee-- ``(i) individuals with technical expertise with respect to the development of Latin America and the Caribbean; and ``(ii) citizens of the United States with technical expertise with respect to development projects and business experience. Technical expertise shall be the sole criterion (other than citizenship pursuant to clause (ii)) in making appointments to the technical review committee. ``(C) Duties.--The technical review committee shall review all projects proposed for funding by the Fund, and make recommendations to the Board of Executive Directors of the Bank with respect to the guidelines to be used in evaluating project proposals and the suitability of the proposed projects for funding. ``(D) Conflicts of interest.--A member of the technical review committee shall not be permitted to review an application submitted by an organization with which the member has been or is affiliated. ``(4) Review of proposed projects.--Not more frequently than annually, the Board of Executive Directors of the Bank shall review and make decisions on applications for projects to be funded by the Fund, in accordance with procedures which provide for transparency. The Board of Executive Directors shall provide advance notice to all interested parties of any date on which such a review will be conducted. ``(c) Contribution Authority.--To the extent and in the amounts provided in advance in appropriations Acts, the United States Governor of the Bank may contribute to the Fund $1,250,000,000. ``(d) Limitations on Authorization of Appropriations.-- ``(1) In general.--For the contribution authorized by subsection (c), there are authorized to be appropriated for payment to the Secretary of the Treasury $250,000,000 for each fiscal year beginning with the fiscal year in which the resolution described in subsection (a) is adopted. ``(2) Additional authorities.--Amounts appropriated pursuant to paragraph (1)-- ``(A) are authorized to remain available until expended; and ``(B) are in addition to amounts otherwise available for such purposes. ``(3) Funding limitation.--Not more than 7 percent of the amounts appropriated pursuant to paragraph (1) for a fiscal year may be used for administrative expenses.''. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that the countries of the Western Hemisphere should collectively provide assistance equal to the amount of United States bilateral assistance provided under chapter 13 of part I of the Foreign Assistance Act of 1961 (as added by section 3(a) of this Act) and multilateral assistance provided by the Social Investment and Economic Development Fund for the Americas under section 39 of the Inter-American Development Bank Act (as added by section 4 of this Act) for the same purpose for which such assistance was provided.", "summary": "Social Investment and Economic Development Fund for the Americas Act of 2003 - Sets forth the policy of the United States to: (1) promote market-based principles, economic integration, social development, and trade in and between countries of the Americas; and (2) establish an investment fund for the Western Hemisphere to advance the national interests of the United States, improve the lives of the poor and marginalized, encourage broad-based economic growth while protecting the environment, build human capital and knowledge, support meaningful participation in democratic institutions and processes, and promote peace and justice in the Americas. Amends the Foreign Assistance Act of 1961 to require the President to provide assistance to reduce poverty and foster increased economic opportunity in the countries of the Western Hemisphere by: (1) nurturing public-private partnerships and microenterprise development; (2) improving the quality of life and investing in human capital; (3) strengthening the rule of law through improved efficiency and transparency in government services; and (4) reducing poverty and eliminating the exclusion of marginalized populations. Establishes a technical review committee to review the projects proposed for assistance and to make recommendations to the President with respect to the guidelines to be used in evaluating project proposals and the suitability of the proposed projects for funding. Amends the Inter-American Development Bank Act to require the Secretary of the Treasury to instruct the U.S. Executive Director at the Bank to urge the Bank to establish an account to be operated and administered consistent with the above guidelines. Establishes a technical review committee in the same manner as discussed above. Expresses the sense of Congress that the countries of the Western Hemisphere should collectively provide assistance equal to the amount of U.S. bilateral and multilateral assistance provided."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Poll Tape Transparency Act of 2008''. SEC. 2. REQUIRING STATES TO MEET STANDARDS FOR PUBLICATION OF POLL TAPES. (a) In General.--Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraph: ``(7) Requirements for publication of poll tapes.-- ``(A) Requirements.--Each State shall meet the following requirements: ``(i) Upon the closing of the polls at each polling place, the appropriate election official, under the observation of the certified tabulation observers admitted to the polling place under subparagraph (E) (if any), shall announce the vote orally, post a copy of the poll tape reflecting the totals from each voting machine upon which votes were cast in the election at the polling place, and prepare and post a statement of the total number of individuals who appeared at the polling place to cast ballots, determined by reference to the number of signatures in a sign-in book or other similar independent count. Such officials shall ensure that each of the certified tabulation observers admitted to the polling place has full access to observe the process by which the poll tapes and statement are produced and a reasonable period of time to review the poll tapes and statement before the polling place is closed, and (if feasible) shall provide such observers with identical duplicate copies of the poll tapes and statement. ``(ii) As soon as practicable, but in no event later than noon of the day following the date of the election, the appropriate election official shall display (at a prominent location accessible to the public during regular business hours and in or within reasonable proximity to the polling place) a copy of each poll tape and statement prepared under clause (i), and the information shall be displayed on the official public websites of the applicable local election official and chief State election official, together with the name of the designated voting official who entered the information and the date and time the information was entered. ``(iii) Each website on which information is posted under clause (ii) shall include information on the procedures by which discrepancies shall be reported to election officials. If any discrepancy exists between the posted information and the relevant poll tape or statement, the appropriate election official shall display information on the discrepancy on the website on which the information is posted under clause (ii) not later than 24 hours after the official is made aware of the discrepancy, and shall maintain the information on the discrepancy and its resolution (if applicable) on such website during the entire period for which results of the election are typically maintained on such website. ``(iv) The appropriate election official shall preserve archived copies of the poll tapes and statements prepared under clause (i) and reports of discrepancies filed by certified tabulation observers for the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 1974 et seq.) or for the same duration for which archived copies of other records of the election are required to be preserved under applicable State law, whichever is longer. ``(B) Treatment of ballots cast at early voting sites.-- ``(i) Application.--The requirements of this subparagraph shall apply with respect to poll tapes and statements of the number of voters who voted in person at designated sites prior to the date of the election. ``(ii) Daily count of voters.--At the close of business on each day on which ballots described in clause (i) may be cast prior to the date of the election, the appropriate election official at each such site shall-- ``(I) under the observation of certified tabulation observers admitted to the site under subparagraph (E) (if any), prepare and post a statement of the total number of individuals who appeared at the site to cast ballots, determined by reference to the number of signatures in a sign-in book or other similar independent count, and the total number of ballots cast (excluding information on the votes received by individual candidates), and shall ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed; and ``(II) display at the site during regular business hours for the duration of the early voting period a paper copy of the statement prepared under subclause (I). ``(iii) Application of general requirements for poll tapes and statements.--Upon the closing of the polls on the date of the election, the appropriate election official at each designated site described in this subparagraph shall meet the requirements of subparagraph (A) (including requirements relating to the role of certified tabulation observers) in the same manner as an election official at a polling place. ``(C) Treatment of absentee ballots.-- ``(i) Daily count of ballots mailed and received.--At the close of each business day on which a State mails or accepts absentee ballots cast in an election for Federal office prior to the date of the election, the appropriate election official shall-- ``(I) under the observation of certified tabulation observers admitted under subparagraph (E) to the site at which the ballots are mailed and received (if any), prepare and post a statement of the total number of absentee ballots mailed and received by the official during that day and a separate count of the number of absentee ballots received but rejected (separated into categories of the reasons for rejection), and ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed; and ``(II) display at the site during regular business hours for the duration of the period during which absentee ballots are processed a paper copy of the statement prepared under subclause (I). ``(ii) Application of general requirements for poll tapes and statements.--At the close of business on the last day on which absentee ballots are counted prior to the certification of the election, the appropriate election official at the site at which absentee ballots are received and counted shall meet the requirements of subparagraph (A) (including requirements relating to the role of certified tabulation observers) in the same manner as an election official at a polling place. ``(D) Daily count of provisional ballots.--At the close of business on the day on which the appropriate election official determines whether or not provisional ballots cast in an election for Federal office will be counted as votes in the election (as described in section 302(a)(4)), the official shall-- ``(i) under the observation of certified tabulation observers admitted under subparagraph (E) to the site at which the determination is made (if any), prepare and post a statement of the number of such ballots for which a determination was made, the number of ballots counted, and the number of ballots rejected (separated into categories of the reason for the rejection), and ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed; and ``(ii) display at the site during regular business hours for the duration of the period during which provisional ballots are processed a paper copy of the statement prepared under clause (i). ``(E) Admission of certified tabulation observers.-- ``(i) Certified tabulation observer defined.--In this paragraph, a `certified tabulation observer' is an individual who is certified by an appropriate election official as authorized to carry out the responsibilities of a certified tabulation observer under this paragraph. ``(ii) Selection.--In determining which individuals to certify as tabulation observers and admit to a polling place or other location to serve as certified tabulation observers with respect to an election for Federal office, the election official shall give preference to individuals who are affiliated with a candidate in the election, except that-- ``(I) the number of individuals admitted who are affiliated with the same candidate for Federal office may not exceed one; and ``(II) the maximum number of individuals who may be admitted shall equal the number of candidates in the election plus 3, or such greater number as may be authorized under State law. ``(iii) No effect on admission of other observers.--Nothing in this subparagraph may be construed to limit or otherwise affect the authority of other individuals to enter and observe polling place operations under any other law, including international observers authorized under any treaty or observers of the Federal Government authorized under the Voting Rights Act of 1965. ``(F) No effect on other tabulation requirements.-- Nothing in this Act may be construed to supersede any requirement that an election official at a polling place report vote totals to a central tabulation facility and address discrepancies the official finds in the aggregation of those totals with other vote totals.''. (b) Effective Date.--Section 301(d) of such Act (42 U.S.C. 15481(d)) is amended by striking ``January 1, 2006'' and inserting ``January 1, 2006 (or, in the case of the requirements of subsection (a)(7), shall meet such requirements with respect to the first election for Federal office held after the date of the enactment of the Poll Tape Transparency Act of 2008 and each subsequent election for Federal office)''.", "summary": "Poll Tape Transparency Act of 2008 - Amends the Help America Vote Act with respect to the requirements for each voting system used in a federal election. Requires the appropriate election official, upon the closing of the polls at each polling place, and under the observation of the certified tabulation observers admitted to the polling place, to: (1) announce the vote orally; (2) post a copy of the poll tape reflecting the totals from each voting machine in the polling place upon which votes were cast; (3) prepare and post a statement of the total number of individuals who appeared at the polling place to cast ballots; and (4) display by noon the following day, at a prominent public location, a copy of each poll tape and statement. Requires display of such information also on the official public websites of the applicable local election official and chief state election official. Specifies similar treatment of ballots cast at early voting sites, absentee ballots, and the daily count of provisional ballots."}
{"article": "SECTION 1. FINDINGS. The Congress finds that: (1) The United States must increase its supply of energy to ensure a continuing prosperous economy and high standard of life. (2) We currently rely heavily on imports of energy supplies from foreign nations and utilize large quantities of carbon fuels for electricity generation. (3) Hydropower is a domestic energy source which currently produces 92,000 megawatts of electricity per year, a figure representing 10 percent of the generation capacity in the United States. (4) The Energy Information Agency estimates that, of the 75,000 dams in the United States, only 2,400 or three percent of these dams currently produce electricity. (5) The Energy Information Agency further estimates that there are approximately 21,300 megawatts of undeveloped capacity at existing dams. (6) New technology allows this energy to be utilized with little or no environmental effect by adding new turbines to existing dams and improving the efficiency of existing turbines. (7) Hydropower produces electricity without producing hazardous waste or air pollutants. (8) The 92,000 megawatts of electricity currently generated by hydropower avoid the annual emission of 4.75 million tons of sulfur dioxide and 2 million tons of nitrous oxide by eliminating the need to burn 345 million tons of coal. (9) Hydropower is a renewable energy source which, because of the natural hydrologic cycle, will continue to be available in perpetuity. SEC. 2. CONSTITUTIONAL AUTHORITY. The Constitutional authority on which this Act rests is the power of Congress to make all laws which shall be necessary and proper as enumerated in article I, section 8 of the United States Constitution. SEC. 3. HYDROELECTRIC PRODUCTION INCENTIVES. (a) Incentive Payments.--For electric energy generated and sold by a qualified hydroelectric facility during the incentive period, the Secretary of Energy (referred to in this section as the ``Secretary'') shall make, subject to the availability of appropriations, incentive payments to the owner or operator of such facility. The amount of such payment made to any such owner or operator shall be as determined under subsection (e) of this section. Payments under this section may only be made upon receipt by the Secretary of an incentive payment application which establishes that the applicant is eligible to receive such payment and which satisfies such other requirements as the Secretary deems necessary. Such application shall be in such form, and shall be submitted at such time, as the Secretary shall establish. (b) Definitions.--For purposes of this section: (1) Qualified hydroelectric facility.--The term ``qualified hydroelectric facility'' means a turbine or other generating device owned or solely operated by a non-Federal entity which generates hydroelectric energy for sale and which is added to an existing dam or conduit. (2) Existing dam or conduit.--The term ``existing dam or conduit'' means any dam or conduit the construction of which was completed before the date of the enactment of this section and which does not require any construction or enlargement of impoundment or diversion structures (other than repair or reconstruction) in connection with the installation of a turbine or other generating device. (3) Conduit.--The term ``conduit'' has the same meaning as when used in section 30(a)(2) of the Federal Power Act. The terms defined in this subsection shall apply without regard to the hydroelectric kilowatt capacity of the facility concerned, without regard to whether the facility uses a dam owned by a governmental or nongovernmental entity, and without regard to whether the facility begins operation on or after the date of the enactment of this section. (c) Eligibility Window.--Payments may be made under this section only for electric energy generated from a qualified hydroelectric facility which begins operation during the period of 10 fiscal years beginning with the first full fiscal year occurring after the date of enactment of this Act. (d) Incentive Period.--A qualified hydroelectric facility may receive payments under this section for a period of 10 fiscal years (referred to in this section as the ``incentive period''). Such period shall begin with the fiscal year in which electric energy generated from the facility is first eligible for such payments. (e) Amount of Payment.-- (1) In general.--Payments made by the Secretary under this section to the owner or operator of a qualified hydroelectric facility shall be based on the number of kilowatt hours of hydroelectric energy generated by the facility during the incentive period. For any such facility, the amount of such payment shall be 1.5 cents per kilowatt hour (adjusted as provided in paragraph (2)), subject to the availability of appropriations under subsection (g), except that no facility may receive more than $1,000,000 in one calendar year. (2) Adjustments.--The amount of the payment made to any person under this section as provided in paragraph (1) shall be adjusted for inflation for each fiscal year beginning after calendar year 2005 in the same manner as provided in the provisions of section 29(d)(2)(B) of the Internal Revenue Code of 1986, except that in applying such provisions the calendar year 2005 shall be substituted for calendar year 1979. (f) Sunset.--No payment may be made under this section to any qualified hydroelectric facility after the expiration of the period of 20 fiscal years beginning with the first full fiscal year occurring after the date of enactment of this Act, and no payment may be made under this section to any such facility after a payment has been made with respect to such facility for a period of 10 fiscal years. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the purposes of this section $50,000,000 for each of the fiscal years 2006 through 2015. SEC. 4. HYDROELECTRIC EFFICIENCY IMPROVEMENT. (a) Incentive Payments.--The Secretary of Energy shall make incentive payments to the owners or operators of hydroelectric facilities at existing dams to be used to make capital improvements in the facilities that are directly related to improving the efficiency of such facilities by at least 3 percent. (b) Limitations.--Incentive payments under this section shall not exceed 10 percent of the costs of the capital improvement concerned and not more than one payment may be made with respect to improvements at a single facility. No payment in excess of $1,000,000 may be made with respect to improvements at a single facility. (c) Authorization.--There is authorized to be appropriated to carry out this section not more than $50,000,000 in each fiscal year after the fiscal year 2005. SEC. 5. SMALL HYDROELECTRIC POWER PROJECTS. Section 408(a)(6) of the Public Utility Regulatory Policies Act of 1978 is amended by striking ``April 20, 1977'' and inserting ``March 4, 2005''. SEC. 6. INCREASED HYDROELECTRIC GENERATION AT EXISTING FEDERAL FACILITIES. (a) In General.--The Secretary of Energy, in consultation with the Secretary of the Interior and Secretary of the Army, shall conduct studies of the cost-effective opportunities to increase hydropower generation at existing federally-owned or operated water regulation, storage, and conveyance facilities. Such studies shall be completed within two years after the date of enactment of this Act and transmitted to the Committee on Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. An individual study shall be prepared for each of the Nation's principal river basins. Each such study shall identify and describe with specificity the following matters: (1) Opportunities to improve the efficiency of hydropower generation at such facilities through, but not limited to, mechanical, structural, or operational changes. (2) Opportunities to improve the efficiency of the use of water supplied or regulated by Federal projects where such improvement could, in the absence of legal or administrative constraints, make additional water supplies available for hydropower generation or reduce project energy use. (3) Opportunities to create additional hydropower generating capacity at existing facilities through, but not limited to, the construction of additional generating facilities, the uprating of generators and turbines, and the construction of pumped storage facilities. (4) Preliminary assessment of the costs and the economic and environmental consequences of such measures. (b) Previous Studies.--If studies of the type required by subsection (a) have been prepared by any agency of the United States and published within the five years prior to the date of enactment of this Act, the Secretary of Energy may choose not to perform new studies and incorporate the information in such studies into the studies required by subsection (a). (c) Authorization.--There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. SEC. 7. RENEWABLE ENERGY PRODUCTION INCENTIVES PROGRAM. Section 1212 of the Energy Policy Act of 1992 is amended in subsection (b) by inserting after ``and which'' the following ``is a small hydroelectric power project (as defined in section 408(a)(1) of the Public Utility Regulatory Policies Act of 1978) or which''.", "summary": "Directs the Secretary of Energy to make incentive payments during a specified incentive period to the owner or operator of: (1) a turbine or other generating device owned or solely operated by a non-Federal entity which generates hydroelectric energy for sale and which is added to an existing dam or conduit (a qualified hydroelectric facility); and (2) hydroelectric facilities at existing dams for capital improvements that are directly related to improving their efficiency by at least three percent. Describes payment limitations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Yellowstone Reclamation Projects Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Diversion works.--The term ``Diversion Works'' means the land in the N\\1/2\\NW\\1/4\\ of Sec. 36, T.18N., R.56E. P. M., Montana, and the diversion dam structure, canal headworks structure, and the first section of the main canal, all contained therein. (2) Intake irrigation district.--The term ``Intake Irrigation District'' means the irrigation district by that name that is organized under the laws of the State of Montana and operates the Intake Project. (3) Intake project.--The term ``Intake Project'' means the Federal irrigation feature operated by the Intake Irrigation District and authorized under the Act of August 11, 1939 (chapter 717; 53 Stat. 1418). (4) Irrigation districts.--The term ``irrigation districts'' means-- (A) the Intake Irrigation District; (B) the Lower Yellowstone Irrigation District No. 1; (C) the Lower Yellowstone Irrigation District No. 2; and (D) the Savage Irrigation District. (5) Lower yellowstone irrigation district no. 1.--The term ``Lower Yellowstone Irrigation District No. 1'' means the irrigation district by that name that is organized under the laws of the State of Montana and operates the part of the Lower Yellowstone Irrigation Project located in the State of Montana. (6) Lower yellowstone irrigation district no. 2.--The term ``Lower Yellowstone Irrigation District No. 2'' means the irrigation district by that name that is organized under the laws of the State of North Dakota and operates the part of the Lower Yellowstone Irrigation Project located in the State of North Dakota. (7) Lower yellowstone irrigation project.--The term ``Lower Yellowstone Irrigation Project'' means the Federal irrigation feature operated by Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2 and authorized by the Act of June 17, 1902 (chapter 1093; 32 Stat. 388). (8) Memorandum of understanding.--The term ``Memorandum of Understanding'' means the memorandum of understanding dated November 16, 1999, and any subsequent replacements or amendments between the Districts and the Montana Area Office, Great Plains Region, Bureau of Reclamation, for the purpose of defining certain principles by which the title to the projects will be transferred from the United States to the districts. (9) Pick-sloan missouri basin program.--The term ``Pick- Sloan Missouri Basin Program'' means the comprehensive Federal program for multipurpose benefits within the Missouri River Basin, including irrigation authorized by section 9 of the Act of December 22, 1944, commonly known as the ``Flood Control Act of 1944'' (chapter 665; 58 Stat. 891). (10) Pick-sloan missouri basin program project use power.-- The term ``Pick-Sloan Missouri Basin Program Project Use Power'' means power available for establishing and maintaining the irrigation developments of the Pick-Sloan Missouri Basin Program. (11) Projects.--The term ``Projects'' means-- (A) the Lower Yellowstone Irrigation Project; (B) the Intake Irrigation Project; and (C) the Savage Unit. (12) Savage irrigation district.--The term ``Savage Irrigation District'' means the irrigation district by that name that is organized under the laws of the State of Montana and operates the Savage Unit. (13) Savage unit.--The term ``Savage Unit'' means the Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal irrigation development authorized by the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (chapter 665; 58 Stat. 891). (14) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF PROJECTS. (a) Conveyances.-- (1) General.--As soon as practicable after the date of enactment of this Act, the Secretary shall convey works, facilities, and lands of the Projects to the Irrigation Districts in accordance with all applicable laws and pursuant to the terms of the Memorandum of Understanding. The conveyance shall take place in two stages, the first stage to include all conveyances under this Act except Diversion Works and the second stage to convey the Diversion Works. (2) Lands.-- (A) General.--All lands, easements, and rights-of- way the United States possesses that are to be conveyed by the Secretary to the respective irrigation districts shall be conveyed by quitclaim deed. Conveyance of such lands, easements, and rights-of-way is subject to permits, licenses, leases, rights-of-use, or right-of-way of record outstanding in third parties on, over, or across such lands, easements, and rights-of-way. (B) Mineral rights.--Conveyance of all lands herein described shall be subject to a reservation by the United States reserving all minerals of a nature whatsoever, excluding sand and gravel, and subject to oil, gas, and other mineral rights heretofore reserved of record by or in favor of third parties. (3) Water rights.--The Secretary shall transfer to the respective Irrigation Districts in accordance with and subject to the law of the State of Montana, all natural flow, wastewater, seepage, return flow, domestic water, stock water, and groundwater rights held in part or wholly in the name of the United States that are used to serve the lands within the Irrigation Districts. (4) Costs.-- (A) Reclamation withdrawn lands.--The Irrigation Districts shall purchase Reclamation withdrawn lands as identified in the Memorandum of Understanding for their value in providing operation and maintenance benefits to the Irrigation Districts. (B) Savage unit repayment obligations.-- (i) Savage irrigation district.--As a condition of transfer, the Secretary shall receive an amount from the Savage Irrigation District equal to the present value of the remaining water supply repayment obligation of $60,480 that shall be treated as full payment under Contract Number I1r-1525, as amended and as extended by Contract No. 9-07-60-WO770. (ii) Pick-sloan missouri basin program construction obligation.--As a condition of transfer, the Secretary shall accept $94,727 as payment from the Pick-Sloan Missouri Basin Program (Eastern Division) power customers under the terms specified in this section, as consideration for the conveyance under this subsection. This payment shall be out of the receipts from the sale of power from the Pick- Sloan Missouri Basin Program (Eastern Division) collected by the Western Area Power Administration and deposited into the Reclamation fund of the Treasury in fiscal year 2003. This payment shall be treated as full and complete payment by the power customers of the construction aid-to-irrigation associated with the facilities of the Savage Unit. (b) Revocation of Reclamation Withdrawals and Orders.-- (1) The Reclamation withdrawal established by Public Land Order 4711 dated October 6, 1969, for the Lower Yellowstone Irrigation Project in lots 1 and 2, section 3, T.23N., R. 59 E., is hereby revoked in its entirety. (2) The Secretarial Order of March 22, 1906, which was issued for irrigation works on lots 3 and 4 section 2, T. 23N., R. 59E., and Secretarial Order of August 8, 1905, which was issued for irrigation works in section 2, T. 17 N., R. 56 E. and section 6, T. 17 N., R. 57 E., are hereby revoked in their entirety. (3) The Secretarial Order of August 24, 1903, and July 27, 1908, which were issued in connection with the Lower Yellowstone Irrigation Project, are revoked insofar as they affect the following lands: (A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, T.18N., R.57E.; lot 3 of Sec. 4, T.19N., R.58E.; lots 2 and 3 and 6 and 7 of Sec. 12, T.21N, R.58E.; SW\\1/4\\NW\\1/4\\ of Sec. 26, T.22N., R58E; lots 1 and 4 and 7 and NW\\1/ 4\\SW\\1/4\\ of Sec. 20, T.22N., R.59E.; SE\\1/4\\NE\\1/4\\ of Sec. 13, T.23N., R.59E.; and lot 2 of Sec. 18, T.24N., R.60E.; all in the Principal Meridian, Montana. (B) Lot 8 of Sec. 2 and lot 1 and lot 2 and lot 3 and NE\\1/4\\NE\\1/4\\ of Sec. 10 and lot 2 of Sec. 11 and lot 6 of Sec. 18 and lot 3 of Sec. 35, T.151N., R.104W.; and lot 7 of Sec. 28, T.152N., R.104W.; all in the Fifth Principal Meridian, North Dakota. SEC. 4. REPORT. If the conveyance under this Act has not occurred within 2 years after the date of the enactment of this Act for the first stage conveyances as provided in section 3, and 5 years after the date of the enactment of this Act for the second stage conveyances as provided in section 3, the Secretary shall provide a report to the Committee on Resources of the House of Representatives and the Committee on Energy and Resources of the Senate on the status of the transfer and anticipated completion date. SEC. 5. RECREATION MANAGEMENT. As a condition of the Conveyance of lands under section 3, the Secretary shall require that Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2 convey a perpetual conservation easement to the State of Montana, at no cost to the State, for the purposes of protecting, preserving, and enhancing the conservation values and permitting recreation on Federal lands in part to be conveyed under this Act. Lower Yellowstone Irrigation District No 1, Lower Yellowstone Irrigation District No. 2, and the State of Montana have mutually agreed upon such conservation easement. SEC. 6. PROJECT PUMPING POWER. The Secretary shall sustain the irrigation developments established by the Lower Yellowstone and Intake Projects and the Savage Unit as components of the irrigation plan under the Pick-Sloan Missouri River Basin Program and shall continue to provide the Irrigation Districts with Pick-Sloan Missouri River Basin Project Use power at the Irrigation Districts' pumping plants, except that the rate shall be at the preference power rate and there shall be no ability-to-pay adjustment. SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION. (a) General.--The Secretary, prior to the transfer of title of the Diversion Works and in cooperation with the Irrigation Districts, shall provide fish protection devices to prevent juvenile and adult fish from entering the Main Canal of the Lower Yellowstone Irrigation Project and allow bottom dwelling fish species to migrate above the Project's Intake Diversion Dam. (b) Participation.--The Secretary and the Irrigation District shall work cooperatively in planning, engineering, and constructing the fish protection devices. (c) Construction Schedule.--Construction of Fish Protection Devices shall be completed within 2 years after the date of enactment of this Act. (d) Monitoring.--The Secretary, acting through the Commissioner of the Bureau of Reclamation and the Director of the United States Fish and Wildlife Service, prior to the transfer of title of the Diversion Works, shall establish and conduct a monitoring plan to measure the effectiveness of the devices for a period of 2 years after construction is completed. (e) Modifications.--The Commissioner of the Bureau of Reclamation, prior to the transfer of title of the Diversion Works, shall be responsible to modify the devices as necessary to ensure proper functioning. All modifications shall be completed within 3 years after the devices were initially constructed. (f) Costs.--Costs incurred in planning, engineering, constructing, monitoring, and modifying all fish protection devices shall be deemed nonreimbursable. (g) Operation, Maintenance, and Replacements Responsibility.-- Following completion of monitoring and modifications required under this section, the Irrigation Districts shall operate, maintain, and replace the fisheries protection devices in a manner to ensure proper functioning. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to implement this section. SEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS. Upon conveyance of the projects under this Act, the Irrigation Districts shall not be subject to the Reclamation laws or entitled to receive any Reclamation benefits under those laws except as provided in section 6. SEC. 9. LIABILITY. Effective on the date of conveyance of a project under this Act, the United States shall not be liable under any State or Federal law for damages of any kind arising out of any act, omission, or occurrence relating to the projects, except for damages caused by acts of negligence committed by the United Stated or by its employees, agents, or contractors prior to the date of this conveyance. Nothing in this section shall be considered to increase the liability of the United States beyond that currently provided in chapter 171 of title 28, United States Code, popularly known as the Federal Tort Act. SEC. 10. COMPLIANCE WITH LAWS. As a condition of the Conveyances under section 3, the Secretary shall by no later than the date on which the conveyances occur complete appropriate analyses of the transfer in compliance with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable laws.", "summary": "Lower Yellowstone Reclamation Projects Conveyance Act - Directs the Secretary of the Interior to convey the works, facilities, and lands of the Lower Yellowstone Irrigation Project, the Intake Irrigation Project in Montana, and the Savage Unit of the Pick-Sloan Missouri Basin Program to the Lower Yellowstone Irrigation Districts No. 1 (Montana) and No. 2 (North Dakota), the Intake Irrigation District (Montana), and the Savage Irrigation District (Montana), respectively, pursuant to the terms of the Memorandum of Understanding of November 16, 1999, between the Districts and the Bureau of Reclamation. Requires: (1) all conveyances under this Act, except the Diversion Works (land and the diversion dam structure, canal headworks, and first section of the mail canal) to be conveyed in the first stage; and (2) the Diversion Works to be conveyed in the second stage..Requires the Districts to buy Reclamation withdrawn lands as identified in the Memorandum for their value in providing operation and maintenance benefits.Requires the Secretary to accept: (1) an amount equal to the present value of the remaining water supply repayment obligation from the Savage Irrigation District as full payment of such District's share of the construction of the Savage Unit; and (2) a specified amount from the Pick Sloan Missouri Basin Program (Eastern Division) power customers as full payment for the construction aid-to-irrigation associated with Unit facilities.Conditions the conveyance on the Lower Yellowstone Irrigation Districts conveying a perpetual conservation easement to the State of Montana for the purposes of protecting, preserving, and enhancing the conservation values and permitting recreation on Federal lands in part to be conveyed under this Act. Sets forth requirements regarding: (1) continuation of Pick-Sloan Program irrigation components and pumping power service; and (2) Yellowstone River fisheries protection."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Measuring the Economic Impact of Broadband Act of 2018''. SEC. 2. ASSESSMENT AND ANALYSIS REGARDING THE EFFECT OF THE DIGITAL ECONOMY ON THE ECONOMY OF THE UNITED STATES. (a) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Small Business and Entrepreneurship of the Senate; (D) the Committee on Energy and Commerce of the House of Representatives; (E) the Committee on Transportation and Infrastructure of the House of Representatives; and (F) the Committee on Small Business of the House of Representatives. (2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (3) Broadband.--The term ``broadband'' means an Internet Protocol-based transmission service that enables users to send and receive voice, video, data, or graphics, or a combination of those items. (4) Digital economy.-- (A) In general.--Subject to subparagraph (B), the term ``digital economy'' has the meaning given the term by the Secretary in carrying out this section. (B) Considerations.--In establishing a definition for the term ``digital economy'' under subparagraph (A), the Secretary shall consider-- (i) the digital-enabling infrastructure that a computer network needs to exist and operate; and (ii) the roles of e-commerce and digital media. (5) Digital media.--The term ``digital media'' means the content that participants in e-commerce create and access. (6) E-commerce.--The term ``e-commerce'' means the digital transactions that take place using the infrastructure described in paragraph (4)(B)(i). (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (b) Biennial Assessment and Analysis Required.--Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Secretary, in consultation with the Director of the Bureau of Economic Analysis of the Department of Commerce and the Assistant Secretary, shall conduct an assessment and analysis regarding the contribution of the digital economy to the economy of the United States. (c) Considerations and Consultation.--In conducting each assessment and analysis required under subsection (b), the Secretary shall-- (1) consider the impact of-- (A) the deployment and adoption of-- (i) digital-enabling infrastructure; and (ii) broadband; (B) e-commerce and platform-enabled peer-to-peer commerce; and (C) the production and consumption of digital media, including free media; and (2) consult with-- (A) the heads of any agencies and offices of the Federal Government as the Secretary considers appropriate, including the Secretary of Agriculture, the Commissioner of the Bureau of Labor Statistics, the Administrator of the Small Business Administration, and the Federal Communications Commission; (B) representatives of the business community, including rural and urban Internet service providers and telecommunications infrastructure providers; (C) representatives from State, local, and tribal government agencies; and (D) representatives from consumer and community organizations. (d) Report.--The Secretary shall submit to the appropriate committees of Congress a report regarding the findings of the Secretary with respect to each assessment and analysis conducted under subsection (b). Passed the Senate December 13, 2018. Attest: Secretary. 115th CONGRESS 2d Session S. 645 _______________________________________________________________________ AN ACT To require the Secretary of Commerce to conduct an assessment and analysis of the effects of broadband deployment and adoption on the economy of the United States, and for other purposes.", "summary": "Measuring the Economic Impact of Broadband Act of 2018 This bill requires the Department of Commerce to assess, and submit a report regarding, the effects of the digital economy on the U.S. economy. In conducting the assessment, Commerce must: (1) consider the impact of the deployment and adoption of digital-enabling infrastructure and broadband, e-commerce and platform-enabled peer-to-peer commerce, and the production and consumption of digital media; and (2) consult with other government agencies, businesses, rural and urban Internet service and telecommunications infrastructure providers, and consumer and community organizations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Energy Price Protection Act''. SEC. 2. PROTECTION OF CONSUMERS AGAINST PRICE GOUGING. It shall be unlawful for any supplier to increase the price at which that supplier sells, or offers to sell, crude oil, gasoline, or petroleum distillates in an area covered by a Presidential proclamation issued under section 4(a)(1) by an unconscionable amount during the period beginning on the date the proclamation is issued and ending on the date specified in the proclamation. SEC. 3. JUSTIFIABLE PRICE INCREASES. (a) In General.--The prohibition in section 2 does not apply to the extent that the increase in the price of the crude oil, gasoline, or petroleum distillate is substantially attributable to-- (1) an increase in the wholesale cost of crude oil, gasoline, or petroleum distillates to a supplier; (2) an increase in the replacement costs for crude oil, gasoline, or petroleum distillate sold; (3) an increase in operational costs; or (4) local, regional, national, or international market conditions. (b) Other Mitigating Factors.--In determining whether a violation of section 2 has occurred, there also shall be taken into account, among other factors, the price that would reasonably equate supply and demand in a competitive and freely functioning market and whether the price at which the crude oil, gasoline, or petroleum distillate was sold reasonably reflects other additional costs or risks, not within the control of the seller, that were paid or incurred by the seller. SEC. 4. EMERGENCY PROCLAMATIONS AND ORDERS. (a) Presidential Emergency Proclamations.--The President may issue an emergency proclamation when an abnormal market disruption has occurred or is reasonably expected to occur. (b) Scope and Duration.-- (1) In general.--The emergency proclamation or order shall specify with particularity-- (A) the period for which the proclamation or order applies; (B) the event, circumstance, or condition that is the reason such a proclamation or order is determined to be necessary; and (C) the geographic area or region to which it applies. (2) Limitations.--An emergency proclamation or an order under subsection (a)-- (A) may not apply for a period of more than 30 consecutive days (renewable for a consecutive period of not more than 30 days); and (B) may apply to a period of not more than 7 days preceding the occurrence of an event, circumstance, or condition that is the reason such a proclamation or order is necessary. SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Act or Practice.--Section 2 of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.--The Commission shall prevent any supplier from violating this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any entity that violates any provision of this Act is subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall prescribe such regulations as may be necessary or appropriate to implement this Act. SEC. 6. PENALTIES. (a) Civil Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act any supplier who violates this Act is punishable by a civil penalty of-- (A) not more than $500,000, in the case of an independent small business marketer of gasoline (within the meaning of section 324(c) of the Clean Air Act (42 U.S.C. 7625(c)); and (B) not more than $5,000,000 in the case of any other supplier. (2) Method of assessment.--The penalty provided by paragraph (1) shall be assessed in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) the Commission shall take into consideration the seriousness of the violation and the efforts of the supplier committing the violation to remedy the harm caused by the violation in a timely manner; and (B) each determination that the price at which crude oil, gasoline, or other petroleum distillate has been sold or offered for sale in an area and during a period covered by a proclamation or order issued under section 4 was increased by an unconscionable amount shall be treated as a single violation. (b) Criminal Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act, the violation of this Act is punishable by a fine of not more than $1,000,000, imprisonment for not more than 2 years, or both. (2) Enforcement.--The criminal penalty provided by paragraph (1) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. SEC. 7. LOW INCOME ENERGY ASSISTANCE. Amounts collected in fines and penalties under section 6 of this Act shall be deposited in a separate fund in the treasury to be known as the Consumer Relief Trust Fund. To the extent provided for in advance in appropriations Acts fund shall be used to provide assistance under the Low Income Home Energy Assistance Program administered by the Secretary of Health and Human Services. SEC. 8. DEFINITIONS. In this Act: (1) Abnormal market disruption.--The term ``abnormal market disruption'' means there is a reasonable likelihood that, in the absence of a proclamation under section 4(a), there will be an increase in the average price of crude oil, gasoline, or petroleum distillates as a result of a change in the market, whether actual or imminently threatened, resulting from extreme weather, a natural disaster, strike, civil disorder, war, military action, a national or local emergency, or other similar cause, that adversely affects the availability or delivery of crude oil, gasoline, or petroleum distillates. (2) Supplier.--The term ``supplier'' means any person engaged in the trade or business of selling, reselling, at retail or wholesale, or distributing crude oil, gasoline, or petroleum distillates. (3) Replacement costs.--The term ``replacement costs'' means, with respect to a supplier to whom sections 2 and 3 apply, costs to that supplier determined by referencing either-- (A) the actual or reasonably anticipated replacement cost as evidenced by bills of sale, invoices, or other appropriate documentation; or (B) the cost for crude oil, gasoline, or other petroleum distillates in the relevant market at the time of the sale or offer for sale that is the subject of a violation of section 2, plus actual storage, transportation, and delivery costs. (4) Unconscionable amount.--The term ``unconscionable amount'' means, with respect to any supplier to whom section 2 applies, a significant increase in the price at which crude oil, gasoline, or petroleum distillates are sold or offered for sale by that supplier that increases the price, for the same grade of crude oil, gasoline, or petroleum distillate, to an amount that-- (A) substantially exceeds the average price at which crude oil, gasoline, or petroleum distillates were sold or offered for sale by that supplier during the 30-day period immediately preceding the sale or offer; (B) substantially exceeds the average price at which crude oil, gasoline, or petroleum distillates were sold or offered for sale by that person's competitors in the area and during the period for which the emergency proclamation applies; and (C) cannot be justified by taking into account the factors described in section 3. SEC. 9. EFFECTIVE DATE. This Act shall take effect on the date on which a final rule issued by the Federal Trade Commission under section 5(c) is published in the Federal Register.", "summary": "Federal Energy Price Protection Act - Prohibits a supplier from increasing the price for crude oil, gasoline, or petroleum distillates by an unconscionable amount in an area during the period covered by a Presidential proclamation that an abnormal market disruption has occurred. States that such prohibition does not apply to the extent that the price increase is substantially attributable to: (1) an increase in the wholesale cost of crude oil, gasoline, or petroleum distillates to a supplier; (2) an increase in the replacement costs for crude oil, gasoline, or petroleum distillate sold; (3) an increase in operational costs; or (4) local, regional, national, or international market conditions. States that a violation of this Act shall: (1) be treated as a violation of a rule defining an unfair or deceptive act or practice of the Federal Trade Commission Act; and (2) be subject to civil and criminal penalties. States that fines and penalties collected under this Act shall be deposited in the Consumer Relief Trust Fund to provide assistance under the Low Income Home Energy Assistance (LIHEAP) Program administered by the Secretary of Health and Human Services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Medical Oversight in the Department of Veterans Affairs Act of 2014''. SEC. 2. OFFICE OF THE MEDICAL INSPECTOR. (a) Establishment.--Subchapter I of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7310. Office of the Medical Inspector ``(a) In General.--There is established in the Department within the Office of the Under Secretary for Health an office to be known as the `Office of the Medical Inspector' (in this section referred to as the `Office'). ``(b) Head.--(1) The Medical Inspector shall be the head of the Office. ``(2) The Medical Inspector shall be appointed by the Secretary from among individuals qualified to perform the duties of the position. ``(3) The Medical Inspector shall report directly to the Under Secretary for Health. ``(c) Functions.--The functions of the Office shall include the following: ``(1) To review the quality of health care provided to veterans-- ``(A) by the Department generally; and ``(B) by the Department through contracts with non- Department health care providers. ``(2) To review offices of the Veterans Health Administration that have an impact on the quality of health care provided to veterans by the Department and the performance of the Department in providing such care. ``(3) To review offices and facilities of the Veterans Health Administration to ensure that policies and procedures of the Department and the Veterans Health Administration are applied consistently at all such offices and facilities. ``(4) To investigate any systemic issues, as determined by the Medical Inspector, that arise within the Veterans Health Administration, including the following: ``(A) Improper issuance of credentials and privileges to health care providers. ``(B) Impediments to the access of veterans to health care from the Department. ``(C) Wait times for appointments by veterans at medical facilities of the Department in excess of wait- time goals established by the Department. ``(D) Intentional falsification by employees of the Department of information or data with respect to wait times for such appointments. ``(5) To establish temporary investigative teams to carry out reviews or investigations described in paragraphs (1), (2), (3), and (4) in response to specific incidents or inquiries, including the following: ``(A) Investigations of complaints by a veteran, a family member of a veteran, or another individual that may require a visit to a facility or facilities of the Department. ``(B) Assessments to examine potential systemic issues within the Veterans Health Administration that may require the conduct of surveys, the collection of data, and the analysis of databases of the Department. ``(6) To recommend policies to promote economy and efficiency in the administration of, and to prevent and detect criminal activity, waste, abuse, and mismanagement in, programs and operations of the Veterans Health Administration. ``(7) To carry out any other tasks required of the Office by the Secretary or the Under Secretary for Health before, on, or after the date of the enactment of this section. ``(d) Reports.--(1) Not later than 30 days after the date of the enactment of this section, and periodically thereafter, the Medical Inspector shall submit to the Secretary, the Under Secretary for Health, and Congress reports on any problems or deficiencies encountered in programs and operations of the Veterans Health Administration, including any recommendations for corrective actions. ``(2) Each report required by paragraph (1) shall be made available to the public on an Internet website of the Department. ``(3) Any other report prepared by the Medical Inspector in carrying out the functions of the Office under this section shall be-- ``(A) submitted to Congress; and ``(B) made available to the public on an Internet website of the Department. ``(e) Privacy Matters.--Any medical or other personal information obtained by the Office shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7309 the following new item: ``7310. Office of the Medical Inspector.''. (c) Conforming Amendments.--Section 7306(a) of such title is amended by-- (1) redesignating paragraph (10) as paragraph (11); and (2) inserting after paragraph (9) the following new paragraph (10): ``(10) The Medical Inspector, who shall be the head of the Office of the Medical Inspector under section 7310 of this title.''. (d) Continuation in Office.--The individual serving as the Medical Inspector of the Department of Veterans Affairs on the day before the date of the enactment of this Act may serve as the Medical Inspector of the Department of Veterans Affairs after that date until the date on which the Secretary of Veterans Affairs appoints an individual to be the Medical Inspector pursuant to section 7310(b)(2) of title 38, United States Code, as added by subsection (a).", "summary": "Increasing Medical Oversight in the Department of Veterans Affairs Act of 2014 - Establishes the Office of the Medical Inspector of the Department of Veterans Affairs (VA) within the Office of the Under Secretary for Health. Includes among the functions of the Office to: review the quality of health care provided to veterans by the VA generally and by the VA through contracts with non-VA health care providers; review offices of the Veterans Health Administration (VHA) that have an impact on the quality of health care provided to veterans by the VA and the performance of the VA in providing such care; review VHA offices and facilities to ensure that VA and VHA policies and procedures are applied consistently; investigate any systemic issues that arise within VHA, including improper issuance of credentials and privileges to health care providers, impediments to access to VA health care, wait times for appointments at VA medical facilities in excess of VA goals, and intentional falsification by VA employees of information regarding wait times; establish temporary investigative teams to carry out reviews in response to specific incidents or inquiries, including veterans' complaints and potential systemic issues within VHA that may require the conduct of surveys, the collection of data, and the analysis of VA databases; recommend policies to promote economy and efficiency in the administration of, and to prevent and detect criminal activity, waste, abuse, and mismanagement in, VHA programs and operations; and report on problems or deficiencies encountered in VHA programs and operations and recommend corrective actions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rehab and Ahmed Amer Foster Care Improvement Act of 2012''. SEC. 2. REQUIREMENT THAT STATES FOLLOW CERTAIN PROCEDURES IN PLACING A CHILD REMOVED FROM THE CUSTODY OF HIS OR HER PARENTS. (a) In General.--Section 471(a)(29) of the Social Security Act (42 U.S.C. 671(a)(29)) is amended to read as follows: ``(29) provides that-- ``(A) within 30 days after the removal of a child from the custody of the parent or parents of the child, the State shall exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of the child (including any other adult relatives suggested by the parents), subject to exceptions due to family or domestic violence, that-- ``(i) specifies that the child has been or is being removed from the custody of the parent or parents of the child; ``(ii) explains the options the relative has under Federal, State, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice; ``(iii) describes the requirements under paragraph (10) of this subsection to become a foster family home and the additional services and supports that are available for children placed in such a home; and ``(iv) if the State has elected the option to make kinship guardianship assistance payments under paragraph (28) of this subsection, describes how the relative guardian of the child may subsequently enter into an agreement with the State under section 473(d) to receive the payments; ``(B) within 90 days after the State makes a placement decision with respect to the child, the State shall provide notice of the decision and the reasons therefor to each parent of the child, each relative who has expressed to the State an interest in caring for the child, the guardian, and the guardian ad litem for the child, the attorney for the child, the attorney for each parent of the child, the child (if the child is able to express an opinion regarding placement), and the prosecutor involved; and ``(C) the State shall establish procedures to-- ``(i) allow a person who receives a notice pursuant to subparagraph (B) to request, in writing, within 5 days after receipt of the notice, documentation of the reasons for the decision involved; ``(ii) allow the attorney for the child to petition the court involved to review the decision; and ``(iii) require the court to-- ``(I) commence such a review within 7 days after receipt of a petition made pursuant to clause (ii); and ``(II) conduct such a review on the record;''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date. (2) Delay permitted if state legislation required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendment made by subsection (a), the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.", "summary": "Rehab and Ahmed Amer Foster Care Improvement Act of 2012 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise requirements that states must follow to contact the adult relatives of a child removed from the custody of his or her parents. Requires the state, within 90 days after making a placement decision, to provide notice of the decision and the reasons for it to each parent of the child, each relative who has expressed an interest in caring for the child, the guardian, and other specified parties. Requires the state to establish procedures to: (1) allow a person who receives such a notice to request documentation of the reasons for the decision involved, (2) allow the attorney for the child to petition the court involved to review the decision, and (3) require the court to commence such a review on the record after receiving such a petition."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane and Tornado Mitigation Investment Act of 2007''. SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR HURRICANE AND TORNADO MITIGATION PROPERTY. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. HURRICANE AND TORNADO MITIGATION PROPERTY. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed under subsection (a) for any taxable year shall not exceed $5,000. ``(c) Qualified Hurricane and Tornado Mitigation Expenditure.--For purposes of this section-- ``(1) In general.--The term `qualified hurricane and tornado mitigation property expenditure' means an expenditure for property-- ``(A) to improve the strength of a roof deck attachment, ``(B) to create a secondary water barrier to prevent water intrusion, ``(C) to improve the durability of a roof covering, ``(D) to brace gable-end walls, ``(E) to reinforce the connection between a roof and supporting wall, ``(F) to protect openings from penetration by windborne debris, or ``(G) to protect exterior doors and garages, in a qualified dwelling unit located in a qualified State and owned by the taxpayer. ``(2) Qualified dwelling unit.--The term `qualified dwelling unit' means a dwelling unit that is assessed at a value that is less than $1,000,000 by the locality in which such dwelling unit is located and with respect to the taxable year for which the credit described in subsection (a) is allowed. ``(3) Qualified state.--The term `qualified State' means Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, or Virginia. ``(d) Limitation.--An expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector. ``(e) Labor Costs.--For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. ``(f) Inspection Costs.--For purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Hurricane and tornado mitigation property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. BUSINESS RELATED CREDIT FOR HURRICANE AND TORNADO MITIGATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45N the following new section: ``SEC. 45O. HURRICANE AND TORNADO MITIGATION CREDIT. ``(a) General Rule.--For purposes of section 38, the hurricane and tornado mitigation credit determined under this section for any taxable year is an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. ``(b) Maximum Credit.--The amount of the credit determined under subsection (a) for any taxable year shall not exceed $5,000. ``(c) Qualified Hurricane and Tornado Mitigation Expenditure.--For purposes of this section-- ``(1) In general.--The term `qualified hurricane and tornado mitigation property expenditure' means an expenditure for property-- ``(A) to improve the strength of a roof deck attachment, ``(B) to create a secondary water barrier to prevent water intrusion, ``(C) to improve the durability of a roof covering, ``(D) to brace gable-end walls, ``(E) to reinforce the connection between a roof and supporting wall, ``(F) to protect openings from penetration by windborne debris, or ``(G) to protect exterior doors and garages, in a qualified place of business located in a qualified State and owned by the taxpayer. ``(2) Qualified place of business.--The term `qualified place of business' means a place of business that is assessed at a value that is less than $5,000,000 by the locality in which such business is located and with respect to the taxable year for which the credit described in subsection (a) is allowed. ``(3) Qualified state.--The term `qualified State' means Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, or Virginia. ``(d) Limitation.--An expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector. ``(e) Labor Costs.--For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. ``(f) Inspection Costs.--For purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) the hurricane and tornado mitigation credit determined under section 45O(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45N the following new item: ``Sec. 45O. Hurricane and tornado mitigation credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.", "summary": "Hurricane and Tornado Mitigation Investment Act of 2007 - Amends the Internal Revenue Code to allow individual and business taxpayers in certain states a tax credit for 25% of their qualified hurricane and tornado mitigation property expenditures up to $5,000 for any taxable year. Defines such expenditures as expenditures in a dwelling unit to improve the strength of a roof deck attachment, create a secondary water barrier, improve the durability of a roof covering, brace gable-end walls, reinforce the connections between a roof and supporting wall, protect against windborne debris, or protect exterior doors and garages."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Streamlining Approval Process Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) airports play a major role in interstate and foreign commerce; (2) congestion and delays at our Nation's major airports have a significant negative impact on our Nation's economy; (3) airport capacity enhancement projects at congested airports are a national priority and should be constructed on an expedited basis; (4) airport capacity enhancement projects must include an environmental review process that provides local citizenry an opportunity for consideration of and appropriate action to address environmental concerns; and (5) the Federal Aviation Administration, airport authorities, communities, and other Federal, State, and local government agencies must work together to develop a plan, set and honor milestones and deadlines, and work to protect the environment while sustaining the economic vitality that will result from the continued growth of aviation. SEC. 3. PROMOTION OF NEW RUNWAYS. Section 40104 of title 49, United States Code, is amended by adding at the end the following: ``(c) Airport Capacity Enhancement Projects at Congested Airports.--In carrying out subsection (a), the Administrator shall take action to encourage the construction of airport capacity enhancement projects at congested airports as those terms are defined in section 47179.''. SEC. 4. AIRPORT PROJECT STREAMLINING. (a) In General.--Chapter 471 of title 49, United States Code, is amended by inserting after section 47153 the following: ``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING ``Sec. 47171. DOT as lead agency ``(a) Airport Project Review Process.--The Secretary of Transportation shall develop and implement a coordinated review process for airport capacity enhancement projects at congested airports. ``(b) Coordinated Reviews.--The coordinated review process under this section shall provide that all environmental reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal agency or airport sponsor for an airport capacity enhancement project at a congested airport will be conducted concurrently, to the maximum extent practicable, and completed within a time period established by the Secretary, in cooperation with the agencies identified under subsection (c) with respect to the project. ``(c) Identification of Jurisdictional Agencies.--With respect to each airport capacity enhancement project at a congested airport, the Secretary shall identify, as soon as practicable, all Federal and State agencies that may have jurisdiction over environmental-related matters that may be affected by the project or may be required by law to conduct an environmental-related review or analysis of the project or determine whether to issue an environmental-related permit, license, or approval for the project. ``(d) State Authority.--If a coordinated review process is being implemented under this section by the Secretary with respect to a project at an airport within the boundaries of a State, the State, consistent with State law, may choose to participate in such process and provide that all State agencies that have jurisdiction over environmental-related matters that may be affected by the project or may be required by law to conduct an environmental-related review or analysis of the project or determine whether to issue an environmental- related permit, license, or approval for the project, be subject to the process. ``(e) Memorandum of Understanding.--The coordinated review process developed under this section may be incorporated into a memorandum of understanding for a project between the Secretary and the heads of other Federal and State agencies identified under subsection (c) with respect to the project and the airport sponsor. ``(f) Effect of Failure To Meet Deadline.-- ``(1) Notification of congress and ceq.--If the Secretary determines that a Federal agency, State agency, or airport sponsor that is participating in a coordinated review process under this section with respect to a project has not met a deadline established under subsection (b) for the project, the Secretary shall notify, within 30 days of the date of such determination, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Council on Environmental Quality, and the agency or sponsor involved about the failure to meet the deadline. ``(2) Agency report.--Not later than 30 days after date of receipt of a notice under paragraph (1), the agency or sponsor involved shall submit a report to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Council on Environmental Quality explaining why the agency or sponsor did not meet the deadline and what actions it intends to take to complete or issue the required review, analysis, opinion, license, or approval. ``(g) Purpose and Need.--For any environmental review, analysis, opinion, permit, license, or approval that must be issued or made by a Federal or State agency that is participating in a coordinated review process under this section with respect to an airport capacity enhancement project at a congested airport and that requires an analysis of purpose and need for the project, the agency, notwithstanding any other provision of law, shall be bound by the project purpose and need as defined by the Secretary. ``(h) Alternatives Analysis.--The Secretary shall determine the reasonable alternatives to an airport capacity enhancement project at a congested airport. Any other Federal or State agency that is participating in a coordinated review process under this section with respect to the project shall consider only those alternatives to the project that the Secretary has determined are reasonable. ``(i) Solicitation and Consideration of Comments.--In applying subsections (g) and (h), the Secretary shall solicit and consider comments from interested persons and governmental entities. ``Sec. 47172. Categorical exclusions ``Not later than 120 days after the date of enactment of this section, the Secretary of Transportation shall develop and publish a list of categorical exclusions from the requirement that an environmental assessment or an environmental impact statement be prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects at airports. ``Sec. 47173. Access restrictions to ease construction ``At the request of an airport sponsor for a congested airport, the Secretary of Transportation may approve a restriction on use of a runway to be constructed at the airport to minimize potentially significant adverse noise impacts from the runway only if the Secretary determines that imposition of the restriction-- ``(1) is necessary to mitigate those impacts and expedite construction of the runway; ``(2) is the most appropriate and a cost-effective measure to mitigate those impacts, taking into consideration any environmental tradeoffs associated with the restriction; and ``(3) would not adversely affect service to small communities, adversely affect safety or efficiency of the national airspace system, unjustly discriminate against any class of user of the airport, or impose an undue burden on interstate or foreign commerce. ``Sec. 47174. Airport revenue to pay for mitigation ``(a) In General.--Notwithstanding section 47107(b), section 47133, or any other provision of this title, the Secretary of Transportation may allow an airport sponsor carrying out an airport capacity enhancement project at a congested airport to make payments, out of revenues generated at the airport (including local taxes on aviation fuel), for measures to mitigate the environmental impacts of the project if the Secretary finds that-- ``(1) the mitigation measures are included as part of, or are consistent with, the preferred alternative for the project in the documentation prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(2) the use of such revenues will provide a significant incentive for, or remove an impediment to, approval of the project by a State or local government; and ``(3) the cost of the mitigation measures is reasonable in relation to the mitigation that will be achieved. ``(b) Mitigation of Aircraft Noise.--Mitigation measures described in subsection (a) may include the insulation of residential buildings and buildings used primarily for educational or medical purposes to mitigate the effects of aircraft noise and the improvement of such buildings as required for the insulation of the buildings under local building codes. ``Sec. 47175. Airport funding of FAA staff ``(a) Acceptance of Sponsor-Provided Funds.--Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration may accept funds from an airport sponsor, including funds provided to the sponsor under section 47114(c), to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project. ``(b) Administrative Provision.--Instead of payment from an airport sponsor from funds apportioned to the sponsor under section 47114, the Administrator, with agreement of the sponsor, may transfer funds that would otherwise be apportioned to the sponsor under section 47114 to the account used by the Administrator for activities described in subsection (a). ``(c) Receipts Credited as Offsetting Collections.--Notwithstanding section 3302 of title 31, any funds accepted under this section, except funds transferred pursuant to subsection (b)-- ``(1) shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted; ``(2) shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and ``(3) shall remain available until expended. ``(d) Maintenance of Effort.--No funds may be accepted pursuant to subsection (a), or transferred pursuant to subsection (b), in any fiscal year in which the Federal Aviation Administration does not allocate at least the amount it expended in fiscal year 2002, excluding amounts accepted pursuant to section 337 of the Department of Transportation and Related Agencies Appropriations Act, 2002 (115 Stat. 862), for the activities described in subsection (a). ``Sec. 47176. Authorization of appropriations ``In addition to the amounts authorized to be appropriated under section 106(k), there is authorized to be appropriated to the Secretary of Transportation, out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502), $2,100,000 for fiscal year 2003 and $4,200,000 for each fiscal year thereafter to facilitate the timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports. ``Sec. 47177. Judicial review ``(a) Filing and Venue.--A person disclosing a substantial interest in an order issued by the Secretary of Transportation or the head of any other Federal agency under this part or a person or agency relying on any determination made under this part may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60th day only if there are reasonable grounds for not filing by the 60th day. ``(b) Judicial Procedures.--When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall send a copy of the petition to the Secretary or the head of any other Federal agency involved. The Secretary or the head of such other agency shall file with the court a record of any proceeding in which the order was issued. ``(c) Authority of Court.--When the petition is sent to the Secretary or the head of any other Federal agency involved, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Secretary or the head of such other agency to conduct further proceedings. After reasonable notice to the Secretary or the head of such other agency, the court may grant interim relief by staying the order or taking other appropriate action when good cause for its action exists. Findings of fact by the Secretary or the head of such other agency are conclusive if supported by substantial evidence. ``(d) Requirement for Prior Objection.--In reviewing an order of the Secretary or the head of any other Federal agency under this section, the court may consider an objection to the action of the Secretary or the head of such other agency only if the objection was made in the proceeding conducted by the Secretary or the head of such other agency or if there was a reasonable ground for not making the objection in the proceeding. ``(e) Supreme Court Review.--A decision by a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28. ``(f) Order Defined.--In this section, the term `order' includes a record of decision or a finding of no significant impact. ``Sec. 47178. Definitions ``In this subchapter, the following definitions apply: ``(1) Airport sponsor.--The term `airport sponsor' has the meaning given the term `sponsor' under section 47102. ``(2) Congested airport.--The term `congested airport' means an airport that accounted for at least 1 percent of all delayed aircraft operations in the United States in the most recent year for which such data is available and an airport listed in table 1 of the Federal Aviation Administration's Airport Capacity Benchmark Report 2001. ``(3) Airport capacity enhancement project.--The term `airport capacity enhancement project' means-- ``(A) a project for construction or extension of a runway, including any land acquisition, taxiway, or safety area associated with the runway or runway extension; and ``(B) such other airport development projects as the Secretary may designate as facilitating a reduction in air traffic congestion and delays.''. (b) Conforming Amendment.--The analysis for chapter 471 of such title is amended by adding at the end the following: ``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING ``47171. DOT as lead agency. ``47172. Categorical exclusions. ``47173. Access restrictions to ease construction. ``47174. Airport revenue to pay for mitigation. ``47175. Airport funding of FAA staff. ``47176. Authorization of appropriations. ``47177. Judicial review. ``47178. Definitions.''. SEC. 5. GOVERNOR'S CERTIFICATE. Section 47106(c) of title 49, United States Code, is amended-- (1) in paragraph (1)-- (A) by inserting ``and'' after the semicolon at the end of subparagraph (A)(ii); (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (2) in paragraph (2)(A) by striking ``stage 2'' and inserting ``stage 3''; (3) by striking paragraph (4); and (4) by redesignating paragraph (5) as paragraph (4). SEC. 6. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY PROJECTS. Section 47504(c)(2) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (3) by adding at the end the following: ``(E) to an airport operator of a congested airport (as defined in section 47178) and a unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to carry out a project to mitigate noise in the area surrounding the airport if the project is included as a commitment in a record of decision of the Federal Aviation Administration for an airport capacity enhancement project (as defined in section 47178) even if that airport has not met the requirements of part 150 of title 14, Code of Federal Regulations.''. SEC. 7. LIMITATIONS. Nothing in this Act, including any amendment made by this Act, shall preempt or interfere with-- (1) any practice of seeking public comment; and (2) any power, jurisdiction, or authority of a State agency or an airport sponsor has with respect to carrying out an airport capacity enhancement project. Passed the House of Representatives July 9, 2002. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.", "summary": "Airport Streamlining Approval Process Act of 2002 - (Sec. 3) Amends Federal transportation law to direct the Administrator of the Federal Aviation Administration (FAA) to take action to encourage the construction of airport capacity enhancement projects at congested airports.(Sec. 4) Directs the Secretary of Transportation to develop and implement a coordinated review process for such projects, which shall provide that all environmental reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal agency or airport sponsor for such a project will be conducted concurrently in cooperation with all Federal and State agencies with jurisdiction over environmental-related matters.Requires: (1) the Secretary determine the reasonable alternatives to an airport capacity enhancement project at a congested airport; and (2) any other participating Federal or State agency to consider only those alternatives the Secretary has determined are reasonable.Authorizes the Secretary, at the request of an airport sponsor for a congested airport, to approve a restriction on use of a runway to be constructed at the airport to minimize potentially significant adverse noise impacts from the runway only if the restriction is necessary and the most appropriate and cost-effective measure (taking into consideration associated environmental trade-offs) to mitigate such impacts and expedite runway construction.Authorizes the Secretary, in specified circumstances, to allow an airport sponsor carrying out such a project to make payments, out of airport revenues (including local taxes on aviation fuel), for measures to mitigate the environmental impacts of the project, including aircraft noise.Permits the FAA Administrator to accept funds from an airport sponsor to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project.Authorizes appropriations to facilitate timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports.Permits a person disclosing a substantial interest in an order issued by the Secretary or the head of any other pertinent Federal agency to apply for judicial review of the order. Prescribes procedures and requirements for such an appeal.(Sec. 5) Repeals the requirement that the Secretary approve a project grant application only if the chief executive officer of the State in which the project will be located certifies that there is reasonable assurance that the project will be located, designed, constructed, and operated in compliance with applicable air and water quality standards.Revises the approval criteria without the requirement of an environmental impact statement for an airport development project that does not involve the location of an airport or runway, or a major runway extension, at an existing airport. Allows such a project without an environmental impact statement if completing the project would allow airport operations involving aircraft complying with the noise standards prescribed for \"stage 3\" aircraft (currently \"stage 2\" aircraft).(Sec. 6) Authorizes the Secretary to incur obligations to make grants to an operator of a congested airport and a specified unit of local government to carry out a project to mitigate noise in the area surrounding the airport, if the project is included as a commitment in an FFA record of decision for an airport capacity enhancement project, even if that airport has not met certain regulatory requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Insurance Options Act of 2007''. SEC. 2. HEALTH INSURANCE OPTIONS INFORMATION FOR SMALL BUSINESS CONCERNS. (a) Definitions.--In this section, the following definitions shall apply: (1) Administration.--The term ``Administration'' means the Small Business Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Administration. (3) Association.--The term ``association'' means an association established under section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) representing a majority of small business development centers. (4) Participating small business development center.--The term ``participating small business development center'' means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648) that-- (A) is accredited under section 21(k)(2) of the Small Business Act (15 U.S.C. 648(k)(2)); and (B) receives a grant under the pilot program. (5) Pilot program.--The term ``pilot program'' means the small business health insurance information pilot program established under this section. (6) Small business concern.--The term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). (7) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam. (b) Small Business Health Insurance Information Pilot Program.--The Administrator shall establish a pilot program to make grants to small business development centers to provide neutral and objective information and educational materials regarding health insurance options, including coverage options within the small group market, to small business concerns. (c) Applications.-- (1) Posting of information.--Not later than 90 days after the date of enactment of this Act, the Administrator shall post on the website of the Administration and publish in the Federal Register a guidance document describing-- (A) the requirements of an application for a grant under the pilot program; and (B) the types of informational and educational materials regarding health insurance options to be created under the pilot program, including by referencing materials and resources developed by the National Association of Insurance Commissioners, the Kaiser Family Foundation, and the Healthcare Leadership Council. (2) Submission.--A small business development center desiring a grant under the pilot program shall submit an application at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. (d) Selection of Participating Small Business Development Centers.-- (1) In general.--The Administrator shall select not more than 20 small business development centers to receive a grant under the pilot program. (2) Selection of programs.--In selecting small business development centers under paragraph (1), the Administrator may not select-- (A) more than 2 programs from each of the groups of States described in paragraph (3); and (B) more than 1 program in any State. (3) Groupings.--The groups of States described in this paragraph are the following: (A) Group 1.--Group 1 shall consist of Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. (B) Group 2.--Group 2 shall consist of New York, New Jersey, Puerto Rico, and the Virgin Islands. (C) Group 3.--Group 3 shall consist of Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. (D) Group 4.--Group 4 shall consist of Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. (E) Group 5.--Group 5 shall consist of Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. (F) Group 6.--Group 6 shall consist of Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. (G) Group 7.--Group 7 shall consist of Missouri, Iowa, Nebraska, and Kansas. (H) Group 8.--Group 8 shall consist of Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. (I) Group 9.--Group 9 shall consist of California, Guam, American Samoa, Hawaii, Nevada, and Arizona. (J) Group 10.--Group 10 shall consist of Washington, Alaska, Idaho, and Oregon. (4) Deadline for selection.--The Administrator shall make selections under this subsection not later than 6 months after the later of the date on which the information described in subsection (c)(1) is posted on the website of the Administration and the date on which the information described in subsection (c)(1) is published in the Federal Register. (e) Use of Funds.-- (1) In general.--A participating small business development center shall use funds provided under the pilot program to-- (A) create and distribute informational materials; and (B) conduct training and educational activities. (2) Content of materials.-- (A) In general.--In creating materials under the pilot program, a participating small business development center shall evaluate and incorporate relevant portions of existing informational materials regarding health insurance options, including materials and resources developed by the National Association of Insurance Commissioners, the Kaiser Family Foundation, and the Healthcare Leadership Council. (B) Health insurance options.--In incorporating information regarding health insurance options under subparagraph (A), a participating small business development center shall provide neutral and objective information regarding health insurance options in the geographic area served by the participating small business development center, including traditional employer sponsored health insurance for the group insurance market, such as the health insurance options defined in section 2791 of the Public Health Services Act (42 U.S.C. 300gg-91) or section 125 of the Internal Revenue Code of 1986, and Federal and State health insurance programs. (f) Grant Amounts.--Each participating small business development center program shall receive a grant in an amount equal to-- (1) not less than $150,000 per fiscal year; and (2) not more than $300,000 per fiscal year. (g) Matching Requirement.--Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to assistance made available under the pilot program. (h) Reports.--Each participating small business development center shall transmit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a quarterly report that includes-- (1) a summary of the information and educational materials regarding health insurance options provided by the participating small business development center under the pilot program; and (2) the number of small business concerns assisted under the pilot program. (i) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section-- (A) $5,000,000 for the first fiscal year beginning after the date of enactment of this Act; and (B) $5,000,000 for each of the 3 fiscal years following the fiscal year described in subparagraph (A). (2) Limitation on use of other funds.--The Administrator may carry out the pilot program only with amounts appropriated in advance specifically to carry out this section.", "summary": "Small Business Health Insurance Options Act of 2007 - Directs the Administrator of the Small Business Administration (SBA) to: (1) establish a four-year pilot program to provide information and educational materials regarding health insurance options, including coverage options within the small group market, to small businesses; and (2) select up to 20 small business development centers (SBDCs) to receive grants under the pilot program. Requires: (1) a specified geographical distribution with respect to grant recipients; and (2) grant funds to be used to create and distribute informational materials and conduct training and educational activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Supervisor Training Act of 2016''. SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS. (a) In General.--Section 4121 of title 5, United States Code, is amended-- (1) by inserting before ``In consultation with'' the following: ``(a) Definitions.--For purposes of this section-- ``(1) the term `program' means any activity, project, function, or policy that has an identifiable purpose or set of objectives; and ``(2) the term `supervisor' means-- ``(A) a supervisor, as defined under section 7103(a)(10); ``(B) a management official, as defined under section 7103(a)(11); or ``(C) any other employee as the Director of the Office of Personnel Management may by regulation prescribe.''; (2) by striking ``In consultation with'' and inserting ``(b) Training Programs To Be Established.--In consultation with''; and (3) by striking paragraph (2) (of the matter redesignated as subsection (b) as a result of the amendment under paragraph (2) of this subsection) and inserting the following: ``(2) a program-- ``(A) to require supervisors to have individual development plans that provide for training on actions, options, and strategies a supervisor may use in-- ``(i) developing and discussing relevant performance goals and objectives with the employee and ensuring the performance goals and objectives align to the mission and priority goals of the agency; ``(ii) communicating and discussing progress relative to performance goals and objectives, and conducting performance appraisals; ``(iii) mentoring and motivating employees and improving employee engagement, performance, and productivity; ``(iv) fostering a work environment characterized by fairness, respect, equal opportunity, and attention paid to the merit of the work of employees; ``(v) effectively managing employees with unacceptable performance, including training to understand the disciplinary options and procedures available to the supervisor; ``(vi) effectively using the probationary period to examine whether an employee has demonstrated successful performance or conduct to continue past the probationary period; ``(vii) addressing reports of a hostile work environment, retaliation, or harassment of, or by, another supervisor or employee; ``(viii) meeting supervisor competencies established by the Office of Personnel Management or the employing agency of the supervisor; ``(ix) collaborating with human resources employees to recruit, select, appraise, and reward employees to build a workforce based on organizational goals, budget considerations, and staffing needs; and ``(x) otherwise carrying out the duties or responsibilities of a supervisor; ``(B) to provide training to supervisors on the prohibited personnel practices under section 2302 (particularly with respect to such practices described under paragraphs (1) and (8) of subsection (b) of that section), employee rights, and the procedures and processes used to enforce employee rights; and ``(C) under which experienced supervisor mentors are identified, evaluated, and approved to provide guidance and advice to new or underperforming supervisors to-- ``(i) transfer knowledge and advice in areas such as communication, critical thinking, responsibility, flexibility, motivating and engaging employees, teamwork, leadership, and professional development; and ``(ii) identify strengths and areas for development. ``(c) Requirements for Training Design.--Training in the program components established under subparagraphs (A) and (B) of subsection (b)(2) shall-- ``(1) be designed using principles of adult learning and an industry standard instructional design model; and ``(2) to the extent practicable, as determined by the agency, be training that is instructor-based. ``(d) Timing of Training.-- ``(1) Initial training.-- ``(A) In general.--Not later than 1 year after the date on which an individual is appointed to the position of supervisor, that individual shall be required to have completed each program component established under subsection (b)(2). ``(B) Extensions.--The Director of the Office of Personnel Management may establish and administer procedures under which an agency may extend the 1-year period described under subparagraph (A) with respect to an individual. ``(2) Subsequent training.--After completion of a program component under subparagraphs (A) and (B) of subsection (b)(2), each supervisor shall be required to complete a program component under such subparagraphs not less frequently than once every 3 years. ``(3) Credit for similar training.--Each program component established under subsection (b)(2) shall include provisions under which the agency gives a supervisor credit toward a period of training that the agency determines is similar to training that the supervisor previously completed. ``(4) Effectiveness evaluation.--Each agency shall measure the effectiveness of training program components established under subsection (b)(2). ``(e) Information on Developmental Opportunities.--An agency shall make available to each supervisor-- ``(1) a detailed list of developmental opportunities available to the supervisor; and ``(2) the policies of the agency for requiring supervisor development. ``(f) Regulations.--Notwithstanding section 4118(c), the Director of the Office of Personnel Management shall prescribe regulations to carry out this section, including the monitoring of agency compliance with this section. Regulations prescribed under this subsection shall include measures by which to assess the effectiveness of agency supervisor training programs.''. (b) Report on Extensions for Training Requirements.-- (1) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Government Reform of the House of Representatives. (2) Report.--Not later than 2 years after the date of enactment of this Act and annually thereafter, the Director of the Office of Personnel Management shall submit a report with respect to the preceding fiscal year to the appropriate congressional committees on-- (A) the number of extensions granted under section 4121(d)(1)(B) of title 5, United States Code, as added by subsection (a) of this section, which shall include-- (i) a brief description of the reason why the training was not completed; (ii) the actions the agency plans to take to ensure training is received; and (iii) the date by which the agency intends to complete the training; and (B) the number of individuals completing the requirements of section 4121(d)(1)(A) of title 5, United States Code, as added by subsection (a) of this section. (c) Regulations.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations under section 4121(f) of title 5, United States Code, as added by subsection (a) of this section. (d) Career Track for Technical Experts.--Section 5106 of title 5, United States Code, is amended by adding at the end the following: ``(d) To the extent practicable under the requirements under this chapter, each agency shall develop a career track for employees of the agency whom the agency determines are mission critical technical experts that affords the employees the opportunity for career advancement, without being required to be appointed to a management or supervisory position.''. (e) Effective Date and Application.-- (1) In general.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act. (2) Applicability.--The amendments made by this section shall apply to-- (A) each individual appointed to the position of a supervisor, as defined under section 4121(a) of title 5, United States Code (as added by subsection (a) of this section), on or after the effective date of the amendments; and (B) each individual who is employed in the position of a supervisor on the effective date of the amendments as provided under paragraph (3). (3) Existing supervisors.--Each individual who is employed in the position of a supervisor, as defined under section 4121(a) of title 5, United States Code (as added by subsection (a) of this section), on the effective date of the amendments made by this section and is not subject to an extension under section 4121(d)(1)(B) of title 5, United States Code (as added by subsection (a) of this section) shall be required to-- (A) complete each program component established under subparagraphs (A) and (B) of section 4121(b)(2) of title 5, United States Code (as added by subsection (a) of this section), not later than 3 years after the effective date of the amendments; and (B) complete program components every 3 years thereafter in accordance with paragraphs (2) and (3) of section 4121(d) of that title (as added by subsection (a) of this section). (f) GAO Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the mandatory training programs required to be established by under section 4121(b)(2) of title 5, United States Code (as added by subsection (a) of this section) and the effectiveness of those programs. SEC. 3. MANAGEMENT COMPETENCIES. (a) In General.--Chapter 43 of title 5, United States Code, is amended-- (1) by redesignating section 4305 as section 4306; and (2) by inserting after section 4304 the following: ``Sec. 4305. Management competencies ``(a) Definition.--In this section, the term `supervisor' means-- ``(1) a supervisor, as defined under section 7103(a)(10); ``(2) a management official, as defined under section 7103(a)(11); or ``(3) any other employee as the Director of the Office of Personnel Management may by regulation prescribe. ``(b) Guidance.--The Director of the Office of Personnel Management shall issue guidance to agencies on competencies supervisors are expected to meet in order to effectively manage, and be accountable for managing, the performance of employees. ``(c) Assessment by Agencies.--Based on guidance issued under subsection (b) and on any additional competencies developed by an agency, each agency shall assess the performance of the supervisors and the overall capacity of the supervisors in that agency. ``(d) Reports.--Every year, or on any basis requested by the Director of the Office of Personnel Management, each agency shall submit to the Office of Personnel Management a report on the progress of the agency in implementing this section, including measures used to assess program effectiveness.''. (b) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 43 of title 5, United States Code, is amended by striking the item relating to section 4305 and inserting the following: ``4305. Management competencies. ``4306. Regulations.''. (2) Reference.--Section 4304(b)(3) of title 5, United States Code, is amended by striking ``section 4305'' and inserting ``section 4306''.", "summary": "Federal Supervisor Training Act of 2016 This bill requires federal agencies to establish supervisor training programs that: (1) require supervisors and management officials to have individual development plans for training on actions, options, and strategies to use for supervisory functions regarding the performance and productivity of agency employees; (2) train supervisors on prohibited personnel practices and employee rights; and (3) provide experienced supervisor mentors to advise new or underperforming supervisors. The bill expands manager training program requirements for employee performance appraisals, mentoring, and management of unacceptable employee performance into mandatory supervisor and manager training programs that also include supervisor training on: fostering equal opportunities and fairness in the workplace; using probationary periods to examine whether employees are performing at an acceptable level to continue their employment; addressing reports of hostile work environment, retaliation, or harassment; meeting supervisor competencies established by the Office of Personnel Management (OPM) or the employing agency; and collaborating with human resources to recruit, select, appraise, and reward employees based on organizational goals, budget considerations, and staffing needs. After initial training on each program component, supervisors must complete subsequent training every three years. Agencies must develop a career track for mission critical technical expert employees that affords such employees the opportunity for career advancement without being required to be appointed to a management or supervisory position. The OPM must issue guidance to agencies on competencies supervisors are expected to meet in order to effectively manage the performance of employees. Each agency must assess the performance of supervisors and the overall capacity of its supervisors."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategic Gasoline Reserve for Purposes of National Security Act of 2009''. SEC. 2. STRATEGIC GASOLINE RESERVE. (a) Establishment.-- (1) Authority.--The Secretary of Energy shall establish a Strategic Gasoline Reserve system (in this section referred to as the ``Gasoline Reserve'') with a total capacity of 10,000,000 barrels of regular unleaded gasoline. (2) Reserve locations.--No later than 1 year after the date of enactment of this Act, the Secretary shall determine strategic locations for no less than three and no more than five Gasoline Reserve sites, each located in a different geographical region of the United States. When determining site locations, the Secretary shall consider all factors, including seasonal and regional variations in gasoline, cost, regional population, accessibility for distribution, and the region's vulnerability to natural disasters and acts of terrorism. The Secretary shall endeavor to find the most affordable method for storage and, when possible, should consult the methodology used for the creation of the Home Heating Oil Reserve and the Strategic Petroleum Reserves. Such reserve site locations shall be operational within 2 years after the date of enactment of this Act. (3) Onsite protection.--In establishing the Gasoline Reserve under this section, the Secretary shall confer with the Secretary of Transportation and the Secretary of Homeland Security with respect to physical structures' security, the transportation security, and operational security. (b) Transportation.--Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall transmit to the Congress, the Secretary of Homeland Security, and the Governor of each State in which a Gasoline Reserve will be sited a plan for the transportation of the contents of the Gasoline Reserve under this section to wholesale or retail markets in the event of an emergency sale under subsection (d). (c) Capacity.--The Secretary of Energy shall complete the process of filling the Gasoline Reserve to a minimum of 90 percent within 2 years of submitting a transportation plan to the Congress. (d) Aging Supply.--The Secretary shall conduct an annual review of the gasoline supply to ensure the reserves in the Gasoline Reserve do not exceed their shelf life. The Secretary shall have in place within 2 years of enactment of this Act a plan for assuring that the inventory is sold and replaced in a manner that assures the integrity of the product at all times. The Secretary shall have the authority to exchange an aging supply of reserve gasoline through private sales or by utilizing the fuel for military or government use. The Secretary shall seek the best means to minimize transaction expense. (e) Requests for Emergency Sale Authorization.--The Secretary of Energy shall sell gasoline from the Gasoline Reserve if-- (1) the Governor of an affected State submits a written request that-- (A) provides sufficient evidence that the sale or supply of gasoline in the region in which such State is located has been severely disrupted, caused by, but not limited to, an interruption in the normal distribution or availability of gasoline which dramatically affects the price of gasoline; and (B) provides sufficient evidence that the State would experience further adverse effects without the sale of gasoline from the Gasoline Reserve; and (2) the President issues an Executive order requiring immediate release from any or all Gasoline Reserves at any time that the President determines that the conditions specified in paragraph (1)(A) are satisfied. (f) Procedure.-- (1) Secretary's response.--The Secretary of Energy shall respond to a request transmitted under subsection (e) within 7 days of receipt of a request through a written response, regardless of the decision. (2) Additional information.--The Secretary may request additional information if the Secretary concludes there are insufficient reasons provided for the sale of gasoline from the Gasoline Reserve system. (g) Purchase.--The Secretary of Energy is authorized to conduct purchases and sales of gasoline at wholesale for maintenance of the Gasoline Reserve system. In conducting these transactions, the Secretary shall-- (1) ensure that the overall supply returns to a minimum 90 percent capacity in a timely manner following a sizeable depletion due to an emergency; and (2) assess market conditions to avoid, to the extent possible, when prices appear to be at higher levels unlikely to be sustained, or when purchases of gasoline are likely to significantly raise gasoline prices in the market served by a particular Gasoline Reserve for purchases consistent with the need for timely replenishment of the Reserve after emergency or nonemergency sales. (h) Annual Report.--At a specified date as determined by the Secretary of Energy, the Secretary shall submit to the President, the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Energy and Natural Resources of the Senate a report on the status of the Strategic Gasoline Reserve outlining the Reserve's current capacity, emergency sales from the previous year, any security threats in the previous year, and the current condition of the storage facilities. The Secretary shall also in the report include any recommendations for improvements in the efficiency of the purchase, transportation, sale, and storage of gasoline in the Gasoline Reserves. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy such sums as may be necessary for construction and operation of the Gasoline Reserve system for fiscal years 2009 through 2015.", "summary": "National Strategic Gasoline Reserve for Purposes of National Security Act of 2009 - Directs the Secretary of Energy to establish a Strategic Gasoline Reserve system with a total capacity of 10 million barrels of regular unleaded gasoline. Directs the Secretary to: (1) transmit to Congress, the Secretary of Homeland Security, and the governor of each state in which a Gasoline Reserve will be sited a plan for the transportation of its contents to wholesale or retail markets in the event of an emergency sale; (2) complete the process of filling the Gasoline Reserve to a minimum of 90% within two years of submitting a transportation plan to Congress; (3) review the gasoline supply annually to ensure the reserves in the Gasoline Reserve do not exceed their shelf life; and (4) have in place a plan for assuring that the inventory is sold and replaced in a manner that assures the integrity of the product at all times. Directs the Secretary of Energy to sell gasoline from the Gasoline Reserve if the governor of an affected state submits a written request and the President issues an Executive order requiring immediate release from any or all Gasoline Reserves at any time that the President determines certain emergency conditions are satisfied."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Administration Authorization Act of 1995''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Under Secretary for Technology.--(1) There are authorized to be appropriated to the Secretary of Commerce for the activities of the Under Secretary for Technology/Office of Technology Policy $5,000,000 for fiscal year 1996. (2) With the Fiscal Year 1997 budget submission for the Department of Commerce, the Secretary of Commerce shall submit to Congress a strategic plan for phasing out the Office of Technology Policy during fiscal year 1996 by eliminating nonessential functions and transferring any essential functions to the National Institute of Standards and Technology. (b) National Institute of Standards and Technology.--For each of fiscal years 1996, 1997, and 1998, there are authorized to be appropriated to the Secretary of Commerce for the following activities of the National Institute of Standards and Technology: (1) For Scientific and Technical Research and Services, $263,000,000. (2) For Industrial Technology Services, $427,000,000, but no appropriations are authorized for Advanced Technology Program grants awarded after October 1, 1995. (3) For Construction of Research Facilities, $60,000,000. SEC. 3. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY. The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by redesignating section 31 as section 32 and by inserting after section 30 the following: ``COMPETITIVE TECHNOLOGY PROGRAM ``Sec. 31. (a) Findings.--Congress finds that-- ``(1) it is in the National interest for the federal government to take appropriate steps in order to strengthen the competitiveness of research institutions and industry in our rural and less populous states that historically have not been included as full partners in the federal research and development enterprise; ``(2) the research institutions in our rural and less populous states represent a valuable and productive research and technological base that has generated important breakthrough advances in science and technology and helped boost the Nation's economy; ``(3) as part of its mission to help increase U.S. competitiveness, the National Institute of Standards and Technology (NIST) of the Department of Commerce, has an important role in strengthening and broadening the research and technology base in our rural and less populous states; ``(4) the Experimental Program to Stimulate Competitive Research (EPSCOR) at the National Science Foundation and similar programs at the National Aeronautics and Space Administration and other federal science agencies have been extremely successful in strengthening the research base of our rural and less populous states by funding, on a competitive, peer-reviewed basis, research grant proposals from those states; and ``(5) the establishment at NIST of a program based on the EPSCOR concept would both build on the progress of the other federal agencies' EPSCOR activities and further broaden the Nation's scientific and technology base to embrace the quality research institutions in rural and less populous states. ``(b) Policy.--It is the policy of the United States that-- ``(1) NIST should conduct appropriate programs and activities to strengthen and broaden the Nation's scientific and technology capabilities and infrastructure; ``(2) NIST should develop programs and activities to support research efforts in our rural and less populous states to enhance U.S. industrial competitiveness; and ``(3) such programs and activities should be coordinated and made consistent with the Experimental Program to Stimulate Competitive Research at the National Science Foundation and similar programs at other federal science agencies. ``(c) Requirements.-- ``(1) Competition.--Through the National Institute of Standards and Technology, the Secretary of Commerce shall establish an Experimental Program to Stimulate Competitive Technology (EPSCOT). EPSCOT shall provide grants on a competitive and peer-reviewed basis to qualified institutions in eligible States. Such grants shall be awarded for any purpose consistent with and in furtherance of the mission of the Institute including, but not limited to, research, technology transfer, outreach activities, economic development, and education. In evaluating a grant application under EPSCOT, the Secretary of Commerce shall consider-- ``(A) the application's merit and relevance to mission of the Institute; ``(B) the potential for the grant to serve as a catalyst to enhance the ability of researchers in the State to become more competitive for regular civilian research funding; ``(C) the potential for the grant to improve the environment for science, mathematics, and engineering education in the State; and ``(D) the need to assure the maximum distribution of grants among eligible States, consistent with merit. ``(2) Supplemental grants.--The Secretary of Commerce shall endeavor, where appropriate, to supplement grants made under subsection (a) with such grants for fellowships, traineeships, equipment, or instrumentation as practicable. ``(3)Definitions.--For the purposes of this section-- ``(A) the term `qualified institutions' means small and medium-sized companies, colleges, universities, not-for-profit institutions, local and state governments, individuals with a record of achievement in science and technology, and any other persons or entities deemed qualified by the Secretary of Commerce, but not large companies and ``(B) the term `eligible states' means a State designated as eligible to compete in the National Science Foundation's Experimental Program to Stimulate Competitive Research. ``(e) Authorization of Appropriations.--To implement EPSCOT and any related activities, the Secretary of Commerce shall ensure that up to $10,000,000 from the appropriations authorized for the Industrial Technology Services account at the National Institute of Standards and Technology are used for purposes of establishing and developing an Experimental Program to Stimulate Competitive Technology Research at the agency.''. SEC. 4. ELIMINATION OF NATIONAL QUALITY COUNCIL. Section 507 of the American Technology Preeminence Act of 1991 (15 U.S.C. 3717) is hereby repealed. SEC. 5. FASTENER QUALITY ACT AMENDMENTS. (a) Section 2 Amendments.--Section 2 of the Fastener Quality Act (15 U.S.C. 5401) is amended-- (1) by striking subsection (a)(4), and redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; (2) by striking ``by lot number'' in subsection (a)(7), as so redesignated by paragraph (1) of this subsection; and (3) by striking ``used in critical applications'' in subsection (b) and inserting ``in commerce''. (b) Section 3 Amendments.--Section 3 of the Fastener Quality Act (15 U.S.C. 5402) is amended-- (1) by striking ``having a minimum tensile strength of 150,000 pounds per square inch'' in paragraph (1)(B) and inserting ``having a minimum Rockwell C hardness of 40 or above''; (2) in paragraph (2)-- (A) by inserting ``International Organization for Standardization,'' after ``Society of Automotive Engineers,''; and (B) by inserting ``consensus'' after ``or any other''; (3) in paragraph (5)-- (A) by inserting ``or'' after ``standard or specification,'' in subparagraph (B); (B) by striking ``or'' at the end of subparagraph (C); (C) by striking subparagraph (D); and (D) by inserting ``or produced in accordance with ASTM F 432'' after ``307 Grade A''; (4) by striking ``other person'' in paragraph (6) and inserting ``government agency''; (5) by striking ``Standard'' in paragraph (8) and inserting ``Standards''; (6) by striking paragraph (11) and redesignating paragraphs (12) through (15) as paragraphs (11) through (14), respectively; (7) by striking ``, a government agency'' and all that follows through ``markings of any fastener'' in paragraph (13), as so redesignated, and inserting ``or a government agency''; and (8) by inserting ``for the purpose of achieving a uniform hardness'' in paragraph (14), as so redesignated, after ``quenching and tempering''. (c) Section 4 Repeal.--Section 4 of the Fastener Quality Act (15 U.S.C. 5404) is repealed. (d) Section 5 Amendments.--Section 5 of the Fastener Quality Act (15 U.S.C. 5404) is amended-- (1) by striking ``subsections (b) and (c)'' in subsection (a)(1)(B) and (2)(A)(i) and inserting ``subsections (b), (c), and (d)''; (2) by striking ``or, where applicable'' and all that follows through ``section 7(c)(1)'' in subsection (c)(2); (3) by striking ``, such as the chemical, dimensional, physical, mechanical, and any other'' in subsection (c)(3); (4) by inserting ``except as provided in subsection (d),'' in subsection (c)(4) before ``state whether''; and (5) by adding at the end the following new subsection: ``(d) Alternative Procedure for Chemical Characteristics.-- Notwithstanding the requirements of subsections (b) and (c), a manufacturer shall be deemed to have demonstrated, for purposes of subsection (a)(1), that the chemical characteristics of a lot conform to the standards and specifications to which the manufacturer represents such lot has been manufactured if the following requirements are met: ``(1) The coil or heat number of metal from which such lot was fabricated has been inspected and tested with respect to its chemical characteristics by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6. ``(2) Such laboratory has provided to the manufacturer, either directly or through the metal manufacturer, a written inspection and testing report, which shall be in a form prescribed by the Secretary by regulation, listing the chemical characteristics of such coil or heat number. ``(3) The report described in paragraph (2) indicates that the chemical characteristics of such coil or heat number conform to those required by the standards and specifications to which the manufacturer represents such lot has been manufactured. ``(4) The manufacturer demonstrates that such lot has been fabricated from the coil or heat number of metal to which the report described in paragraphs (2) and (3) relates. In prescribing the form of report required by subsection (c), the Secretary shall provide for an alternative to the statement required by subsection (c)(4), insofar as such statement pertains to chemical characteristics, for cases in which a manufacturer elects to use the procedure permitted by this subsection.''. (e) Section 6 Amendment.--Section 6(a)(1) of the Fastener Quality Act (15 U.S.C. 5405(a)(1)) is amended by striking ``Within 180 days after the date of enactment of this Act, the'' and inserting ``The''. (f) Section 7 Amendments.--Section 7 of the Fastener Quality Act (15 U.S.C. 5406) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Domestically Produced Fasteners.--It shall be unlawful for a manufacturer to sell any shipment of fasteners covered by this Act which are manufactured in the United States unless the fasteners-- ``(1) have been manufactured according to the requirements of the applicable standards and specifications and have been inspected and tested by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6; and ``(2) an original laboratory testing report described in section 5(c) and a manufacturer's certificate of conformance are on file with the manufacturer, or under such custody as may be prescribed by the Secretary, and available for inspection.''; (2) by inserting ``label'' after ``private'' the first place it appears in subsection (c)(2); (3) by inserting ``to the same'' in subsection (c)(2) after ``in the same manner and''; (4) by striking ``certificate'' in subsection (d)(1) and inserting ``test report''; (5) by striking subsection (e) and inserting the following: ``(e) Commingling.--It shall be unlawful for any manufacturer, importer, or private label distributor to commingle like fasteners from different lots in the same container; except that such manufacturer, importer, or private label distributor may commingle like fasteners of the same type, grade, and dimension from not more than two tested and certified lots in the same container during repackaging and plating operations: Provided, that any container which contains the fasteners from two lots shall be conspicuously marked with the lot identification numbers of both lots.''; and (6) by striking subsection (f) and inserting the following: ``(f) Subsequent Purchaser.--If a person who purchases fasteners for any purpose so requests either prior to the sale or at the time of sale, the seller shall conspicuously mark the container of the fasteners with the lot number from which such fasteners were taken.''. (g) Section 9 Amendment.--Section 9 of the Fastener Quality Act (15 U.S.C. 5408) is amended by adding at the end the following new subsection: ``(d) Enforcement.--The Secretary may designate officers or employees of the Department of Commerce to conduct investigations pursuant to this Act. In conducting such investigations, those officers or employees may, to the extent necessary or appropriate to the enforcement of this Act, exercise such authorities as are conferred upon them by other laws of the United States, subject to policies and procedures approved by the Attorney General.''. (h) Section 10 Amendments.--Section 10 of the Fastener Quality Act (15 U.S.C. 5409) is amended-- (1) by striking ``10 years''in subsections (a) and (b) and inserting ``5 years''; and (2) by striking ``any subsequent'' in subsection (b) and inserting ``the subsequent''. (i) Section 13 Amendment.--Section 13 of the Fastener Quality Act (15 U.S.C. 5412) is amended by striking ``within 180 days after the date of enactment of this Act''. (j) Section 14 Repeal.--Section 14 of the Fastener Quality Act (15 U.S.C. 5413) is repealed.", "summary": "Technology Administration Authorization Act of 1995 - Authorizes appropriations to the Secretary of Commerce for: (1) the Under Secretary for Technology-Office of Technology Policy; and (2) the National Institute of Standards and Technology (NIST). Directs the Secretary to submit to the Congress a plan for phasing out the Office of Technology Policy and transferring essential functions to NIST. Amends the National Institute of Standards and Technology Act to direct the Secretary to establish an Experimental Program to Stimulate Cooperative Technology which shall make grants in furtherance of NIST's mission. Amends the American Technology Preeminence Act of 1991 to eliminate the National Quality Council. Amends the Fastener Quality Act with regard to metal chemistry testing, commingling of fasteners in distribution, and acceptance of nonconforming fasteners."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Dress Protection Act''. SEC. 2. PROTECTION FOR TRADE DRESS. (a) Principal Register.--The Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes.'' (hereinafter referred to in this Act as the ``Trademark Act of 1946'') is amended in section 2 thereof (15 U.S.C. 1052)-- (1) in subsection (e)-- (A) in clause (3) by striking ``or'' after ``them,''; and (B) by inserting before the period at the end the following: ``, or (5) comprises any matter that, as a whole, is functional''; (2) in subsection (f), by striking ``paragraphs (a), (b), (c), (d), and (e)(3)'' and inserting ``subsections (a), (b), (c), (d), (e)(3), and (e)(5)''; and (3) by adding at the end the following: ``(g) Except as expressly excluded in subsections (a), (b), (c), (d), and (e) of this section, trade dress which functions as a mark may be registered and protected without the need to show that it has become distinctive under subsection (f) of this section if the relevant public is likely to identify the source of the product or service by reference to the subject matter claimed as trade dress. In determining whether the relevant public is likely to identify the source of the product or service by reference to the subject matter claimed as trade dress, the factors to be considered shall include, but not be limited to-- ``(1) whether the trade dress is unique or unusual in the particular field to which the subject matter pertains; ``(2) whether the trade dress comprises a common basic shape or design; ``(3) whether the trade dress is a mere refinement of commonly adopted and well known forms of ornamentation for that particular class of goods or services viewed by the public as a dress or ornamentation for the goods or services; and ``(4) whether the trade dress is capable of creating a commercial impression distinct from any accompanying words.''. (b) Supplemental Register.--Section 23(c) of the Trademark Act of 1946 (15 U.S.C. 1091(c)) is amended to read as follows: ``(c) For the purposes of registration on the supplemental register, a mark may consist of any symbol, name, word, slogan, phrase, surname, geographical name, numeral, device, color, label, any matter that is not functional, or any combination of any of the foregoing, but such mark must be capable of distinguishing the applicant's goods or services.''. (c) Construction and Definitions.--Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by striking the definition of ``mark'' and inserting the following: ``The term `trade dress' means the total image or overall appearance of a product or service, including, but not limited to, the design of packaging, labels, containers, displays, decor, color, the design of a product, a product feature, or a combination of product features, except that trade dress shall not be registered or protected under this Act if it is functional. ``The term `functional' means, with respect to matter sought to be protected under this Act, that the matter is of such superior design for its purpose that to afford it protection under this Act would significantly hinder effective competition. In determining whether matter sought to be protected under this Act is functional, the factors to be considered shall include, but not be limited to-- ``(1) whether the matter yields a competitive advantage; ``(2) whether alternative designs are available; and ``(3) whether the matter achieves economies in the manufacture or use of the goods or services, or affects their cost or quality. ``The term `mark' includes any trademark, service mark, collective mark, or certification mark.''. (d) Civil Actions for Trade Dress Infringement.--Section 43(a) of the Trademark Act of 1946 (15 U.S.C. 1125(a)) is amended by adding at the end the following: ``(3) In a civil action for trade dress infringement under this Act for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional.''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act, but shall not apply to any proceeding before the United States Patent and Trademark Office relating to the registration of a mark, or to any civil action, that is pending on that date. SEC. 4. TECHNICAL AMENDMENTS. The Trademark Act of 1946 is amended as follows: (1) Section 1(a)(1)(A) (15 U.S.C. 1051(a)(1)(A)) is amended by striking ``goods in connection'' each place it appears and inserting ``goods on or in connection''. (2) Section 7(a) (15 U.S.C. 1057(a)) is amended in the first sentence by striking the second period at the end. (3) Section 10 (15 U.S.C. 1060) is amended-- (A) at the end of the first sentence, by striking the comma before the period; and (B) in the third sentence, by striking the second period at the end. (4) Section 26 (15 U.S.C. 1094) is amended by striking ``7(c),,'' and inserting ``, 7(c),''. (5) Section 31 (15 U.S.C. 1113) is amended-- (A) by striking ``Sec. 31. Fees''; and (B) by striking ``(a)'' and inserting ``Sec. 31. (a)''. (6) Section 32(1) (15 U.S.C. 1114(1)) is amended by striking ``As used in this subsection'' and inserting ``As used in this paragraph''. (7) Section 39(a) (15 U.S.C. 1121(a)) is amended by striking ``circuit courts'' and inserting ``courts''. (8) Section 42 (15 U.S.C. 1124) is amended by striking ``the any domestic'' and inserting ``any domestic''. (9) Section 44(d) (15 U.S.C. 1126(d)) is amended-- (A) by striking ``23, or 44(e) of this Act'' and inserting ``23, or subsection (e) of this section that is''; and (B) in paragraphs (3) and (4) by striking ``this subsection (d)'' and inserting ``this subsection''. (10) The Act is amended by striking ``trade-mark'' each place it appears in the text and the title and inserting ``trademark''.", "summary": "Trade Dress Protection Act - Amends the Trademark Act of 1946 to add to the list of trademarks that may be refused registration on the principal register on account of their nature those marks that comprise any matter that, as a whole, is functional. Authorizes trade dress which functions as a mark to be registered and protected (except as expressly excluded by existing law) without the need to show that it has become distinctive if the relevant public is likely to identify the source of the product or service by reference to the subject matter claimed as trade dress. Revises a provision regarding registration on the supplemental register to authorize registration of a mark that: (1) consists of any symbol, name, word, slogan, phrase, surname, geographical name, numeral, device, color, label, any matter that is not functional, or any combination of the foregoing; and (2) is capable of distinguishing the applicant's goods or services. Defines \"trade dress\" as the total image or overall appearance of a product or service. Prohibits registration or protection of trade dress that is functional. Defines \"functional,\" with respect to matter seeking protection under the Act, to mean that the matter is of such superior design that to afford it protection would significantly hinder effective competition. Places the burden of proving that matter is not functional in a civil action for trade dress infringement for unregistered trade dress on the person asserting trade dress protection."}
{"article": "SECTION 1. SHORT TITLE. This Act shall be known as the ``Skill Game Protection Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds as follows: (1) Millions of Americans enjoy competing with other players in a variety of games of skill, including bridge, mah- jong, backgammon, and poker, over the Internet, where the operator provides the Internet venue for competition and receives a fee for such service. (2) For some Americans, these games provide their primary source of income. (3) While each of these games contains an element of chance, over any substantial interval, a player's success at any of these games is determined by that player's relative level of skill and is widely recognized as such. (4) Games where success is predominantly determined by the skill of the players involved, as a matter of law and of policy, are distinct from the games of chance traditionally described and addressed in Federal and State gambling statutes. (5) Despite the fact that the language in section 1084 of title 18, United States Code, commonly referred to as the ``Wire Act'', has been interpreted by Federal courts as applying only to betting on sports, some in law enforcement interpret the section as prohibiting the acceptance of both sports and non-sports betting through a communications device. (6) The Federal Government should take appropriate steps to ensure that, with respect to skill games-- (A) minors are prevented from playing for money; (B) persons with compulsive behavior should be identified and referred to treatment; (C) operators of such games should not be vulnerable to, or participate in criminal or terrorist money laundering; and (D) appropriate taxes are collected. SEC. 3. CLARIFICATION. Section 1084 of title 18, United States Code, is amended by adding at the end the following new subsection: (f) ``(f) As used in this section, the term `bets or wagers' does not include operating, or participation in, poker, chess, bridge, mahjong or any other game where success is predominantly determined by a player's skill, to the extent that-- ``(1) the game provides for competition only between and among participants, and not against the person operating the game; and ``(2) the operator is in compliance with regulations issued pursuant to section 5368 of title 31, United States Code.''. SEC. 4. SAFEGUARDS. (a) In General.--Subchapter IV of chapter 53 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 5368. Games of skill ``Before the end of the 180-day period beginning on the date of the enactment of the Skill Game Protection Act, the Secretary shall prescribe regulations requiring each person who operates a game of skill on the Internet to maintain the following: ``(1) Appropriate safeguards to ensure that the individual participant depositing funds is 18 years of age or older. ``(2) Appropriate safeguards to ensure that the individual participant is physically located in a jurisdiction that does not bar participation in the particular Internet games of skill in which the individual participates at the time in the individual participates. ``(3) Appropriate mechanisms to ensure that all taxes relating to Internet games of skill due to Federal and State governments and to Indian tribes from individual participants are collected as required by at the time of any payment of any proceeds of Internet games of skill. ``(4) Appropriate safeguards to combat fraud and money laundering as may be prescribed by regulations issued by the Secretary or a designee of the Secretary. ``(5) Appropriate safeguards to combat compulsive participation in Internet games of skill. ``(6) Appropriate safeguards to protect the privacy and security of any person engaged in Internet games of skill.''. (b) Clerical Amendment.--The table of sections for subchapter IV of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5367 the following new item: ``5368. Games of skill.''. SEC. 5. RULES OF CONSTRUCTION. (a) Nonapplicability to Games of Skill.--Section 5362(1)(E) of title 31, United States Code, is amended-- (1) by striking ``or'' at the end of clause (viii); (2) by striking the period at the end of clause (ix) and inserting ``; or''; and (3) by adding at the end the following new clause: ``(x) participation in any activity which does not constitute ``bets or wagers'' within the meaning of section 1084(f) of title 18 and is operated in compliance with the regulations issued pursuant to section 5368.''. (b) Nonapplicability to Non-Sports Wagering.--No provision of this Act, or amendment made by this Act to any other provision of law, shall be construed as implying that section 1084 of title 18, United States Code, applies or applied to non-sports wagering before or after the enactment of this Act.", "summary": "Skill Game Protection Act - Amends federal criminal law to exempt from the prohibition against transmission of wagering information the operation or participation in poker, chess, bridge, mahjong or any other game where success is predominantly determined by a player's skill, to the extent that: (1) the game provides for competition only between and among participants, and not against the person operating the game; and (2) the operator is in compliance with federal regulations governing games of skill. Amends federal law governing monetary transactions to instruct the Secretary of the Treasury to prescribe regulations requiring each person who operates a game of skill on the Internet to maintain specified safeguards, including: (1) that the individual participant depositing funds is 18 years of age or older; (2) that the individual participant is physically located in a jurisdiction that does not bar participation in the particular Internet games of skill in which the individual participates; and (3) that all taxes relating to Internet games of skill due to federal and state governments and to Indian tribes from individual participants are collected at the time of any payment of any proceeds of Internet games of skill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Spearfish Canyon and Bismarck Lake Land Exchange Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means-- (A) the approximately 1,468 acres of land (including any improvements to the land) in the Forest that is-- (i) known as the ``Spearfish Canyon Area''; and (ii) generally depicted on the map described in paragraph (3)(A); and (B) the approximately 524 acres of land (including any improvements to the land) in the Forest that is-- (i) known as the ``Bismarck Lake Area''; and (ii) generally depicted on the map described in paragraph (3)(B). (2) Forest.--The term ``Forest'' means the Black Hills National Forest in the State. (3) Maps.--The term ``Maps'' means each of-- (A) the map entitled ``Spearfish Canyon Area Federal Land'' and dated June 8, 2016; (B) the map entitled ``Bismarck Lake Area Federal Land'' and dated June 8, 2016; (C) the map entitled ``Lyman County Non-Federal Land'' and dated June 8, 2016; (D) the map entitled ``Pennington County Non- Federal Land'' and dated June 8, 2016; and (E) the map entitled ``Lawrence County Non-Federal Land'' and dated June 8, 2016. (4) Non-federal land.--The term ``non-Federal land'' means the 4 parcels of land, comprising approximately 1,954 acres, as depicted on the maps described in subparagraphs (C), (D), and (E) of paragraph (3). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) State.--The term ``State'' means the State of South Dakota. SEC. 3. LAND EXCHANGE, BLACK HILLS NATIONAL FOREST, SOUTH DAKOTA. (a) Land Exchange Required.--If the State conveys to the Secretary all right, title, and interest of the State in and to the non-Federal land, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Appraisals.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary and the State shall select an appraiser to conduct appraisals of the Federal land and non- Federal land. (2) Requirements.-- (A) In general.--Except as provided in subparagraph (B), an appraisal required under this subsection shall be conducted in accordance with nationally recognized appraisal standards, including-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (B) Agricultural value.--The value of the Federal land and non-Federal land shall be determined based on the agricultural value of the Federal land and non- Federal land to be exchanged. (c) Equal Value Exchange.-- (1) In general.--The value of the Federal land and non- Federal land to be exchanged under subsection (a) shall-- (A) be equal; or (B) be equalized in accordance with this subsection. (2) Surplus of federal land.--If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land, the State shall-- (A) convey additional non-Federal land in the State to the Secretary, consistent with the requirements of this Act; (B) make a cash payment to the Secretary; or (C) use a combination of the methods described in subparagraphs (A) and (B), as agreed to by the Secretary and the State. (3) Surplus of non-federal land.--If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land, parcels of the non-Federal land may be excluded from the exchange in sufficient quantity to result in an equal value exchange. (d) Survey; Administrative Costs.-- (1) In general.--The exact acreage and legal description of the land to be exchanged under subsection (a) shall be determined by a survey satisfactory to the Secretary. (2) Costs.--The costs of the survey and any administrative costs relating to the land exchange shall be paid by the State. (e) NEPA Compliance.-- (1) Deadline for completion.--Not later than 1 year after the date on which the State offers to convey the non-Federal land to the Secretary under subsection (a), the Secretary shall complete any environmental analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the land exchange carried out under this section. (2) Costs.--The costs of any environmental analysis under this subsection shall be paid by the Secretary. (f) Additional Terms and Conditions.--The land exchange under subsection (a) shall be subject to any additional terms and conditions that the Secretary and the State may agree on. SEC. 4. MANAGEMENT OF NON-FEDERAL AND FEDERAL LAND. (a) In General.--The non-Federal land acquired by the Secretary under section 3 shall be-- (1) added to, and administered as part of, the Forest; and (2) managed in accordance with the laws (including regulations) applicable to the National Forest System. (b) Grazing on Non-Federal Land.--If the non-Federal land exchanged under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of acquisition of the non-Federal land, the Secretary shall allow the grazing to continue subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. (c) Condition on Use of Federal Land.--As a condition of the land exchange under this Act, the Federal land acquired by the State under section 3 shall be managed by the State for public recreation uses and the conservation of natural resources. SEC. 5. MAPS. (a) Availability.--The Maps shall be on file and available for public inspection in the Office of the Forest Supervisor of the Forest. (b) Corrections.--With the agreement of the State, the Secretary may make technical corrections to the Maps and legal descriptions of the Federal land and non-Federal land to be exchanged under this section.", "summary": "Spearfish Canyon and Bismarck Lake Land Exchange Act This bill directs the Department of Agriculture (USDA), if South Dakota conveys to it four parcels of specified nonfederal lands, comprising 1,954 acres, to convey to South Dakota in exchange 1,468 acres known as the "Spearfish Canyon Area" and 524 acres known as the "Bismarck Lake Area" in the Black Hills National Forest in South Dakota. The values of the federal and nonfederal lands to be exchanged shall be equal. USDA shall complete any environmental analyses required under the National Environmental Policy Act of 1969 regarding the land exchange carried out under this bill. The nonfederal lands acquired by USDA shall be added to and administered as part of the forest. The federal lands acquired by South Dakota shall be managed by it for public recreation uses and the conservation of natural resources."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Troubled Asset Relief Program Enhancement Act''. SEC. 2. ENHANCED OVERSIGHT OF THE TARP. (a) In General.--Section 116 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5226) is amended-- (1) in subsection (a)(1)(A)-- (A) in clause (iii), by striking ``and'' at the end; (B) in clause (iv), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(v) public accountability for the exercise of such authority, including with respect to actions taken by those entities participating in programs established under this Act.''; and (2) in subsection (a)(2)-- (A) by redesignating subparagraph (C) as subparagraph (E); and (B) by striking subparagraph (B) and inserting the following: ``(B) Access to records.-- ``(i) In general.--Notwithstanding any other provision of law, and for purposes of reviewing the performance of the Troubled Asset Relief Program, the Comptroller General shall have access, upon request, to any information, data, schedules, books, accounts, financial records, reports, files, electronic communications, or other papers, things, or property belonging to or in use by the TARP, any entity established by the Secretary under this Act, or any entity participating in a program established under the authority of this Act, and to the officers, employees, directors, independent public accountants, financial advisors and any and all other agents and representatives thereof, at such time as the Comptroller General may request. ``(ii) Verification.--The Comptroller General shall be afforded full facilities for verifying transactions with the balances or securities held by, among others, depositories, fiscal agents, and custodians. ``(iii) Copies.--The Comptroller General may make and retain copies of such books, accounts, and other records as the Comptroller General deems appropriate. ``(C) Agreement by entities.--Each contract, term sheet, or other agreement between the Secretary or the TARP (or any TARP vehicle, officer, director, employee, independent public accountant, financial advisor, or other TARP agent or representative) and an entity participating in a program established under this Act shall provide for access by the Comptroller General in accordance with this section. ``(D) Restriction on public disclosure.-- ``(i) In general.--The Comptroller General may not publicly disclose proprietary or trade secret information obtained under this section. ``(ii) Exception for congressional committees.--This subparagraph does not limit disclosures to congressional committees or members thereof having jurisdiction over any private or public entity participating in a program established under this Act. ``(iii) Rule of construction.--Nothing in this section shall be construed to alter or amend the prohibitions against the disclosure of trade secrets or other information prohibited by section 1905 of title 18, United States Code, or other applicable provisions of law.''. (b) Authorization of Appropriation.--There is authorized to be appropriated to the Comptroller General of the United States for each of fiscal years 2010 and 2011 an additional amount not to exceed $5,000,000 to cover any additional expenses incurred in carrying out the responsibilities of the Comptroller General under section 116 of the Emergency Economic Stabilization Act of 2008 with respect to the Troubled Asset Relief Program.", "summary": "Troubled Asset Relief Program Enhancement Act - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to require the Comptroller General to oversee the performance of the Troubled Asset Relief Program (TARP) in meeting EESA purposes involving public accountability for the exercise of its authority. Grants the Comptroller General access, upon request, to any information, data, schedules, books, accounts, financial records, reports, files, electronic communications, or other papers, things, or property belonging to or in use by the TARP, any entity established by the Secretary under EESA, or any entity participating in a program established under EESA, and to any of their officers, employees, directors, independent public accountants, financial advisors and any and all other agents and representatives. Requires the Comptroller General to be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. Prohibits the Comptroller General from disclosing publicly any proprietary or trade secret information obtained under this Act."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Agricultural Equity Act of 1995''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings, policy, and purpose. Sec. 3. Sense of Congress on ending the Federal deficit. Sec. 4. Nonrecourse loans and deficiency payments for the 1996 through 2002 crops of rice, upland cotton, feed grains, wheat, and oilseeds. Sec. 5. Review of status and future of production agriculture. SEC. 2. FINDINGS, POLICY, AND PURPOSE. (a) Findings.--Congress finds the following: (1) A sound and prosperous economy in the United States is dependent on American agriculture and related industries, including producers, processors, handlers, manufacturers, marketers, transporters, and the banking and credit industry. (2) American agriculture and related industries account for over 21,000,000 jobs and approximately 16 percent, or over $41,000,000,000,000, of the gross domestic product. (3) Because of the combined effort of American agriculture and related industries, consumers in the United States enjoy a dependable supply of food and fiber at fair prices. (4) The future of American agriculture is dependent on the continued viability of the American agricultural producer, the underpinning of the national economy. (5) Agricultural producers must receive a fair return on their productivity and investment in an industry characterized by continued subsidized foreign competition and wide fluctuations in production and prices due to weather and related factors. (6) One of the essential elements of a sound agricultural economy is the ability of the United States to compete in the world market. (7) Exports of United States agricultural commodities are expected to reach nearly $50,000,000,000 in 1995 and contribute about $20,000,000,000 to the United States balance of trade. (8) Agricultural exports account for over 1,000,000 American jobs. (9) Commodity Credit Corporation outlays for farm programs have declined from a high of approximately $26,000,000,000 for fiscal year 1986 to less than $9,000,000,000 for fiscal year 1995, a reduction of over 65 percent that is unique among the many mandatory spending programs of the Federal Government. (10) According to the Congressional Budget Office, farm program outlays are projected to remain below the outlay level for fiscal year 1995 for the next 5 years and continue to decline by nearly 8 percent, even if no changes are made in current law for existing farm programs. (b) Policy.--It is the policy of the United States that-- (1) continued Federal Government support is necessary to provide stability for American agricultural producers to-- (A) enable the producers to continue to provide consumers with a steady and dependable supply of food and fiber at fair prices; (B) enhance farmer and rancher profitability; (C) encourage young farmers to stay on the farm; (D) maintain the competitiveness of the United States in the world market; and (E) otherwise preserve the underpinnings of a sound agricultural economy; and (2) reductions in farm program spending should be made in a fair and equitable manner in order to meet the objective of achieving a balanced budget for the Federal Government in a manner consistent with paragraph (1). (c) Purpose.--The purpose of this Act is to establish agricultural price support and production adjustment programs for the 1996 through 2002 crop years that provide a structure for a sound agricultural economy in a manner consistent with subsection (b). SEC. 3. SENSE OF CONGRESS ON ENDING THE FEDERAL DEFICIT. It is the sense of Congress that-- (1) the continuation of significant Federal budgetary deficits harms the economic well-being of the United States and is detrimental to the development of sound, long-term agricultural policy; (2) agricultural price support and production adjustment programs are necessary for the continued economic health of United States agriculture, which must compete in international markets against subsidized foreign competition; and (3) agricultural price support and production adjustment programs should be-- (A) implemented, to the maximum extent practicable, in a manner that is consistent with the primary goal of the concurrent resolution on the budget for fiscal year 1996 (H. Con. Res. 67, agreed to June 29, 1995) to end Federal budget deficits; and (B) modified, as necessary, to ensure that the programs comply with applicable budget reconciliation instructions in the concurrent resolution that are designed to end Federal budget deficits, in a manner consistent with section 306 of the concurrent resolution. SEC. 4. NONRECOURSE LOANS AND DEFICIENCY PAYMENTS FOR THE 1996 THROUGH 2002 CROPS OF RICE, UPLAND COTTON, FEED GRAINS, WHEAT, AND OILSEEDS. (a) Definitions.--For purposes of this section: (1) Covered commodities.--The term ``covered commodities'' means rice, upland cotton, feed grains, wheat, and oilseeds. (2) Feed grains.--The term ``feed grains'' means corn, grain sorghum, barley, and oats. (3) Oilseeds.--The term ``oilseeds'' means soybeans, sunflower seeds, canola, rapeseed, safflower, flaxseed, mustard seed, and such other oilseeds as the Secretary may determine appropriate for inclusion. (b) Nonrecourse Loans.-- (1) Price support loans.--The Secretary shall make available to producers on a farm nonrecourse loans for each of the 1996 through 2002 crops of each covered commodity at the level specified in paragraph (2). Acreage covered shall include both mandatory and voluntary flex acres. (2) Loan levels.--The loan levels for each covered commodity shall be 100 percent of the simple average price received by producers of that covered commodity, as determined by the Secretary, during the marketing years for the preceding 5 crops of that covered commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period. The Secretary may adjust the loan level for a particular covered commodity to reflect changes in the market price of that covered commodity. (3) Prohibitions.--The Secretary shall not make available a marketing loan or loan deficiency payment to any producer on a farm for any of the 1996 through 2002 crops of covered commodities. (c) Deficiency Payments.-- (1) In general.--The Secretary shall make deficiency payments available to producers for each of the 1996 through 2002 crops of each covered commodity (other than oilseeds) in an amount computed by multiplying-- (A) the payment rate for the covered commodity; (B) the payment acres for the crop of that covered commodity; and (C) the farm program yield for the crop of that covered commodity for the farm. (2) Payment rate.-- (A) Minimum established price.--The minimum established price in effect for the 1991 through 1995 crops of each covered commodity shall continue in effect for the 1996 through 2002 crops of that covered commodity. (B) Establishment of rate.--The payment rate for each of the 1996 through 2002 crops of each covered commodity shall be the amount by which the target price exceeds the higher of-- (i) the loan level established for that covered commodity under subsection (b); (ii) the average market price of that covered commodity. (3) Payment acres.--Payment acres for a crop of a covered commodity shall equal base acres less idled (set aside) and flex (mandatory and optional) acres. (4) Elimination of \\0/85\\ and \\50/85\\ programs.--The Secretary shall discontinue the partial payment programs, variously known as \\0/85\\, \\50/85\\, \\0/92\\, and \\50/92\\, effective with crop year 1996. (d) Flexibility (`Flex') Program.--The Secretary shall increase producer planting flexibility-- (1) by increasing the mandatory flex acreage percentage for each covered commodity from 15 percent to 20 percent; and (2) by offering producers an additional voluntary increase in flex acres of between 10 percent to 25 percent. (e) Crop Insurance Requirement.--As a condition for eligibility for crop loans and deficiency payments under this section, the producers on a farm shall obtain catastrophic risk protection insurance coverage in accordance with section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)). (f) Conforming Repeals.--Sections 101B (rice), 103B (cotton), 105B (feed grains), 107B (wheat), and 205 (oilseeds) of the Agricultural Act of 1949 are repealed. The repeal of such sections shall not affect the authority of the Secretary to carry out a price support or production adjustment program for any of the 1991 through 1995 crops of a covered commodity under a provision of law in effect immediately before the date of the enactment of this Act. SEC. 5. REVIEW OF STATUS AND FUTURE OF PRODUCTION AGRICULTURE. (a) Scope of Review.--The Secretary of Agriculture shall conduct a comprehensive review of the status and future of production agriculture and farming communities in the United States and the extent to which the program changes made by this Act will impact production agriculture and farming communities in the United States. The review shall include the following-- (1) an assessment of the food security situation in the United States in the areas of trade, consumer prices, international competitiveness of United States production agriculture, food supplies, and humanitarian relief; (2) an assessment of current and future farm land values and agricultural producer incomes; (3) an assessment of the extent to which regulatory relief for agricultural producers has been enacted and implemented, including the application of cost-benefit principles in the issuance of agricultural regulations; (4) an assessment of the extent to which tax relief for agricultural producers has been enacted in the form of capital gains tax reductions, estate tax exemptions, and mechanisms to average tax loads over high- and low-income years; (5) an assessment of any Federal Government interference in agricultural export markets, such as the imposition of trade embargoes, and the degree of implementation and success of international trade agreements; (6) identification of the appropriate future relationship of the Federal Government with production agriculture after 2002; (7) identification of the long-term goals for production agriculture and farming communities in the United States and recommendations for actions needed to achieve those goals; and (8) an assessment of manpower and infrastructure requirements of the Department of Agriculture as the result of program changes made by this Act. (b) Legislative Proposals.--As part of the comprehensive review required under subsection (a), the Secretary shall develop specific legislative proposals to implement any recommendations being made. (c) Reports.--The Secretary shall report the findings and recommendations made under subsection (a) to the President, to the Committee on Agriculture of the House of Representatives, and to the Committee on Agriculture, Nutrition, and Forestry of the Senate, not later than March 31, 1997. (d) Hearings.--The Secretary may, for the purpose of carrying out this section, conduct such hearings and receive such evidence as the Secretary considers appropriate. (e) Assistance From Other Agencies.--The Secretary may secure from other departments and agencies of the Federal Government such information as may be necessary to carry out this section.", "summary": "Agricultural Equity Act of 1995 - Directs the Secretary of Agriculture to make price support loans and deficiency payments (excluding oilseeds) through 2002 for wheat, feed grains, rice, upland cotton, and oilseeds. Provides for increased flex acreage. Requires crop insurance as a condition of program eligibility. Directs the Secretary to review the status and future of production agriculture, including development of related legislative proposals."}
{"article": "SECTION 1. MEDICAID EXCEPTION FOR PERMANENT RESIDENT ALIEN CHILDREN. Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Medicaid exception for permanent resident alien children.--With respect to eligibility for benefits under paragraph (3)(C) (relating to the medicaid program), an alien who -- ``(A) is lawfully admitted for permanent residence under the Immigration and Nationality Act; and ``(B) is under 19 years of age.''. SEC. 2. EXTENSION OF ELIGIBILITY PERIOD FOR SSI AND MEDICAID FOR REFUGEES AND ASYLEES FROM 5 TO 7 YEARS. (a) SSI.--Section 402(a)(2)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) is amended by inserting ``(or with respect to eligibility under paragraph (3)(A) 7 years)'' after ``5 years''. (b) Medicaid.--Section 402(b)(2)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)(A)) is amended in clauses (i), (ii), and (iii) by inserting ``(or with respect to eligibility under paragraph (3)(C) 7 years)'' after ``5 years'' each place it appears. SEC. 3. SSI ELIGIBILITY FOR QUALIFIED ALIENS WHO BECAME BLIND OR DISABLED AFTER ADMISSION. (a) Eligibility.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Qualified aliens who became blind or disabled after admission.--With respect to eligibility for benefits for the program defined in paragraph (3)(A) (relating to the supplemental security income program), paragraph (1) shall not apply to an alien who is a qualified alien (as defined in section 431) who became blind or disabled after admission to the United States.''. (b) Attribution of Income.--Section 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631) is amended by adding at the end the following new subsection: ``(g) Special Rule for SSI Benefits for Blind and Disabled Aliens.--Notwithstanding any other provision of this section, subsection (a) shall not apply to benefits under section 402(a)(3)(A) (relating to the supplemental security income program) for an alien who became blind or disabled after admission to the United States.''. (c) No reimbursement requirement.--Section 423(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is amended by adding at the end the following new paragraph: ``(12) Benefits under section 402(a)(3)(A) (relating to the supplemental security income program) for an alien who became blind or disabled after admission to the United States.''. SEC. 4. SSI ELIGIBILITY FOR QUALIFIED ALIENS WHO WERE ADMITTED TO THE UNITED STATES BEFORE ATTAINING 18 YEARS OF AGE AND WERE BLIND OR DISABLED PRIOR TO ADMISSION. (a) Eligibility.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding after subparagraph (E) the following new subparagraph: ``(F) Qualified aliens who became blind or disabled after admission.--With respect to eligibility for benefits for the program defined in paragraph (3)(A) (relating to the supplemental security income program), paragraph (1) shall not apply to an alien who is a qualified alien (as defined in section 431), who was admitted to the United States before attaining the age of 18 years, and who was blind or disabled (or for whom the onset of blindness or disability occurred) prior to admission to the United States.''. (b) Attribution of Income.--Section 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631) is amended by adding at the end the following new subsection: ``(g) Special Rule for SSI Benefits for Blind and Disabled Aliens.--Notwithstanding any other provision of this section, subsection (a) shall not apply to benefits under section 402(a)(3)(A) (relating to the supplemental security income program) for an alien who became blind or disabled after admission to the United States or for an alien who was admitted to the United States prior to attaining the age of 18 years and was blind or disabled (or for whom the onset of blindness or disability occurred) prior to admission to the United States.''. (c) No reimbursement requirement.--Section 423(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is amended by adding at the end the following new paragraph: ``(12) Benefits under section 402(a)(3)(A) (relating to the supplemental security income program) for an alien who became blind or disabled after admission to the United States or for an alien who was admitted to the United States prior to attaining the age of 18 years and was blind or disabled (or for whom the onset of blindness or disability occurred) prior to admission to the United States.''. SEC. 5. EXCEPTION FOR CERTAIN BLIND AND DISABLED ALIENS TO 5-YEAR INELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL MEANS- TESTED PUBLIC BENEFITS. Section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding after paragraph (2) the following new paragraph: ``(3) Exception for blind and disabled aliens.-- ``(A) An alien who became blind or disabled after admission to the United States. ``(B) An alien who was admitted to the United States before attaining the age of 18 years and who was blind or disabled (or for whom the onset of blindness or disability occurred) prior to admission to the United States.''. SEC. 6. SSI ELIGIBILITY FOR PERMANENT RESIDENT ALIENS AT LEAST 76 YEARS OF AGE. (a) In General.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is further amended by adding after subparagraph (E) the following new subparagraph: ``(F) Permanent resident aliens at least 76 years of age.--With respect to eligibility for benefits under paragraph (3)(A) relating to the supplemental security income program), paragraph (1) shall not apply to an alien who ``(i) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act; and ``(ii) is at least 76 years of age.''. (b) No reimbursement requirement.--Section 423(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is amended by adding at the end the following new paragraph: ``(13) Benefits under section 402(a)(3)(A) (relating to the supplemental security income program) for an alien who is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act and is at least 76 years of age.''. SEC. 7. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall be effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (b) Exceptions.--The amendments made by sections 4, 5, and 6 shall be effective with respect to benefits payable for months after July 1997.''.", "summary": "Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make permanent resident aliens under 19 years old eligible for Medicaid. Extends the refugee and asylee eligibility period for Medicaid and Supplemental Security Income (SSI). Makes qualified aliens eligible for SSI benefits who: (1) became blind or disabled after U.S. admission; or (2) were under 18 years old at, and blind or disabled prior to, U.S. admission. Exempts such aliens from: (1) attribution of sponsor income and repayment requirements; and (2) the five-year ineligibility period for Federal means-tested public benefits. Makes permanent resident aliens who are at least 76 years old eligible for SSI benefits. Exempts such aliens from sponsor repayment requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cardiac Arrest Survival Act of 1999''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Each year more than 250,000 adults suffer cardiac arrest, usually away from a hospital. More than 95 percent of them will die, in many cases because cardiopulmonary resuscitation (``CPR''), defibrillation, and advanced life support are provided too late to reverse the cardiac arrest. These cardiac arrests occur primarily from occult underlying heart disease and from drowning, allergic or sensitivity reactions, or electrical shocks. (2) Every minute that passes before returning the heart to a normal rhythm after a cardiac arrest causes the chance of survival to fall by 10 percent. (3) In communities where strong public access to defibrillation programs have been implemented, survival from cardiac arrest has improved by as much as 20 percent. (4) Survival from cardiac arrest requires successful early implementation of a chain of events, known as the chain of survival, which must be initiated as soon as the person sustains a cardiac arrest and must continue until the person arrives at the hospital. (5) The chain of survival is the medical standard of care for treatment of cardiac arrest. (6) A successful chain of survival requires the first person on the scene to take rapid and simple initial steps to care for the patient and to assure that the patient promptly enters the emergency medical services system. These steps include-- (A) recognizing an emergency and activating the emergency medical services system; (B) beginning CPR; and (C) using an automated external defibrillator (``AED'') if one is available at the scene. (7) The first persons at the scene of an arrest are typically lay persons who are friends or family of the victim, fire services, public safety personnel, basic life support emergency medical services providers, teachers, coaches and supervisors of sports or other extracurricular activities, providers of day care, school bus drivers, lifeguards, attendants at public gatherings, coworkers, and other leaders within the community. (8) The Federal Government should facilitate programs for the placement of AEDs in public buildings, including provisions regarding the training of personnel in CPR and AED use, integration with the emergency medical services system, and maintenance of the devices. SEC. 3. RECOMMENDATIONS OF SECRETARY OF HEALTH AND HUMAN SERVICES REGARDING PLACEMENT OF AUTOMATIC EXTERNAL DEFIBRILLATORS IN BUILDINGS. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following section: ``recommendations regarding placement of automated external defibrillators in buildings ``Sec. 247. (a) Recommendation for Federal Buildings.-- ``(1) In General.--Not later than 90 days after the date of the enactment of the Cardiac Arrest Survival Act of 1999, the Secretary shall assist in providing for an improvement in the survival rates of individuals who experience cardiac arrest in Federal buildings by publishing in the Federal Register for public comment the recommendations of the Secretary with respect to placing automatic external defibrillators in such buildings. The Secretary shall in addition assist Federal agencies in implementing programs for such placement. ``(2) Agency assessments.--Not later than 180 days after the date on which the recommendations are published under paragraph (1), the head of each Federal agency that occupies a Federal building that meets the criteria described in subsection (a)(1) shall submit to the Secretary an assessment of the ability of each such agency to meet the goals described in subsection (c). ``(b) Additional Recommendations.--The Secretary shall publish, as part of the recommendations referred to in subsection (a), recommendations with respect to the placement of automatic external defibrillators in buildings and facilities, or other appropriate venues, frequented by the public (other than the buildings referred to in subsection (a)). Such recommendations shall only be for information purposes for States and localities to consider in determining policy regarding the use or placement of such defibrillators in recommended buildings, facilities or venues. ``(c) Consideration of Certain Goals for Survival Rates.--In carrying out this section, the Secretary shall consider the goals established by national public-health organizations for improving the survival rates of individuals who experience cardiac arrest in nonhospital settings, including goals for minimizing the time elapsing between the onset of cardiac arrest and the initial medical response. ``(d) Certain Procedures.--The matters addressed by the Secretary in the recommendations under subsections (a) and (b) shall include the following: ``(1) Procedures for implementing appropriate nationally recognized training courses in performing cardiopulmonary resuscitation and the use of automatic external defibrillators. ``(2) Procedures for proper maintenance and testing of such devices, according to the guidelines of the manufacturer of the devices. ``(3) Procedures for ensuring direct involvement of a licensed medical professional and coordination with local emergency medical services in the oversight of training and notification of incidents of the use of the devices. ``(4) Procedures for ensuring notification of an agent of the local emergency medical system dispatch center of the location and type of device. ``(e) Certain Criteria.--In making recommendations under subsections (a) and (b), the Secretary shall determine the following: ``(1) Criteria for selecting the public buildings, facilities and other venues in which automatic external defibrillators should be placed, taking into account-- ``(A) the typical number of employees and visitors in the buildings, facilities or venues; ``(B) the extent of the need for security measures regarding the buildings, facilities or venues; ``(C) buildings, facilities or other venues, or portions thereof, in which there are special circumstances such as high electrical voltage or extreme heat or cold; and ``(D) such other factors as the Secretary determines to be appropriate. ``(2) Criteria regarding the maintenance of such devices (consistent with the labeling for the devices). ``(3) Criteria for coordinating the use of the devices in public buildings, facilities or other venues with providers of emergency medical services for the geographic areas in which the buildings, facilities or venues are located.''. SEC. 4. IMMUNITY FROM CIVIL LIABILITY FOR EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS. Part B of title II of the Public Health Service Act, as amended by section 3 of this Act, is amended by adding at the end the following section: ``liability regarding emergency use of automated external defibrillators ``Sec. 248. (a) Persons Using AEDs.--Any person who provides emergency medical care through the use of an automated external defibrillator is immune from civil liability for any personal injury or wrongful death resulting from the provision of such care, except as provided in subsection (c). ``(b) Other Persons Involved With AEDs; Special Rules for Acquirers.-- ``(1) In general.--With respect to a personal injury or wrongful death to which subsection (a) applies, in addition to the person who provided emergency medical care through the use of the automated external defibrillator, the person described in paragraph (2) is with respect to the device immune from civil liability for the personal injury or wrongful death in accordance with such paragraph, except as provided in subsection (c). ``(2) Person described.--A person described in this paragraph is the person who acquired the device for use at a nonmedical facility (in this paragraph referred to as the `acquirer'). Such person shall be immune from liability as provided for in paragraph (1) if the following conditions are met: ``(A) The condition that the acquirer notified local emergency response personnel of the most recent placement of the device within a reasonable period of time after the device was placed. ``(B) The condition that, as of the date on which the emergency occurred, the device had been maintained and tested in accordance with the guidelines established for the device by the manufacturer of the device. ``(C) In any case in which the person who provided the emergency medical care through the use of the device was an employee or agent of the acquirer, and the employee or agent was within the class of persons the acquirer expected would use the device in the event of a relevant emergency, the condition that the employee or agent received reasonable instruction in the use of such devices through a course approved by the Secretary or by the chief public health officer of any of the States. ``(c) Inapplicability of Immunity.--Immunity under subsections (a) and (b) does not apply to a person if-- ``(1) the person engaged in gross negligence or willful or wanton misconduct in the circumstances described in such subsections that apply to the person with respect to automated external defibrillators; or ``(2) the person was a licensed or certified medical professional who was using the automated external defibrillator while acting within the scope of their license or certification, and within the scope of their employment as a medical professional. ``(d) Rules of Construction.-- ``(1) In general.--The following applies with respect to this section: ``(A) This section is not applicable in any State that (before, on, or after the date of the enactment of the Cardiac Arrest Survival Act of 1999) provides through statute or regulations any degree of immunity for any class of persons for civil liability for personal injury or wrongful death arising from the provision of emergency medical care through the use of an automated external defibrillator. ``(B) This section does not waive any protection from liability for Federal officers or employees under-- ``(i) section 224; or ``(ii) sections 1346(b), 2672 and 2679 of title 28, United States Code, or under alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of title 28. ``(C) This section does not require that an automated external defibrillator be placed at any building or other location. ``(2) Civil actions under federal law.-- ``(A) In general.--The applicability of subsections (a) through (c) includes applicability to any action for civil liability described in subsection (a) that arises under Federal law. ``(B) Federal areas adopting state law.--If a geographic area is under Federal jurisdiction and is located within a State but out of the jurisdiction of the State, and if, pursuant to Federal law, the law of the State applies in such area regarding matters for which there is no applicable Federal law, then an action for civil liability described in subsection (a) that in such area arises under the law of the State is subject to subsections (a) through (c) in lieu of any related State law that would apply in such area in the absence of this subparagraph.''. Passed the Senate November 19, 1999. Attest: GARY SISCO, Secretary.", "summary": "Requires the Secretary to determine criteria for: (1) the selection of the Federal public buildings in which defibrillators should be placed; (2) defibrillator maintenance; and (3) the coordination of the use of the defibrillators in public buildings, facilities, or other venues with emergency medical services providers for the geographic areas in which the buildings are located. Provides that any person who provides emergency medical care through the use of a defibrillator, and the person who acquired the device (if specified conditions have been met) are immune from civil liability for any personal injury or wrongful death resulting from the provision of such care, unless the person engaged in gross negligence or willful or wanton misconduct under the applicable circumstances, or the person was a licensed or certified medical professional who was using the defibrillator while acting within the scope of employment as a medical professional."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on International Religious Freedom Reform and Reauthorization Act of 2014''. SEC. 2. ESTABLISHMENT AND COMPOSITION. (a) Leadership.--Subsection (d) of section 201 of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(d)) is amended to read as follows: ``(d) Election of Chair.--At the first meeting of the Commission after May 30 of each year, a majority of the Members of the Commission present and voting shall elect the Chair and Vice Chair of the Commission, subject to the following requirements: ``(1) Initial elections.--At the first meeting of the Commission after May 30, 2015, the Members of the Commission shall elect as Chair a Commissioner appointed by an elected official of the political party that is not the political party of the President, and as Vice Chair a Commissioner appointed by an elected official of the political party of the President. ``(2) Future elections.--At the first meeting of the Commission after May 30, 2016, the Members of the Commission shall elect as Chair a Commissioner appointed by an elected official of the political party of the President, and as Vice Chair a Commissioner appointed by an elected official of the political party that is not the political party of the President. Thereafter, positions of Chair and Vice Chair shall continue to rotate on an annual basis between Commissioners appointed by elected officials of each political party. ``(3) Term limits.--No Member of the Commission is eligible to be elected as Chair of the Commission for a second term, and no Member of the Commission is eligible to be elected as Vice Chair of the Commission for a second term.''. (b) Attendance at Meetings of Ambassador at Large for International Religious Freedom.--Subsection (f) of such section (22 U.S.C. 6431(f)) is amended by adding at the end the following: ``The Ambassador at Large shall be given advance notice of all Commission meetings and may attend all Commission meetings as a non-voting Member of the Commission.''. (c) Appointments in Cases of Vacancies.--Subsection (g) of such section (22 U.S.C. 6431(g)) is amended by striking the second sentence. SEC. 3. POWERS OF THE COMMISSION. Section 203(e) of the International Religious Freedom Act of 1998 (22 U.S.C. 6432a) is amended to read as follows: ``(e) Views of the Commission.--The Members of the Commission may speak in their capacity as private citizens. Statements on behalf of the Commission shall be issued in writing over the names of the Members. Members of the Commission shall make every effort to reach consensus on all statements on behalf of the Commission, including testimony, press releases, and articles by Commissioners or Commission staff. When a statement supported by all Commissioners is not possible, the Commission shall issue a statement only if such statement is approved by an affirmative vote of at least six of the nine Members of the Commission and each Member of the Commission may include the individual or dissenting views of the Member. The Commission shall in its written statements clearly describe its statutory authority, distinguishing that authority from that of appointed or elected officials of the United States Government. Oral statements, where practicable, shall include a similar description.''. SEC. 4. COMMISSION PERSONNEL MATTERS. (a) Staff Directors.--Section 204 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432b) is amended by striking subsections (a), (b), and (c) and inserting the following new subsections: ``(a) Committee Functions.--Subject to subsection (c), the Commission may appoint and fix the pay of such staff personnel as it deems desirable. All decisions pertaining to the hiring, firing, and fixing of pay of personnel of the Commission shall be by an affirmative vote of at least six of the nine Members of the Commission, except that-- ``(1) Members of the Commission appointed by an elected official of the political party of the President, by a majority vote thereof, shall be entitled to appoint, terminate, and fix the pay of a Majority Staff Director and shall have the authority to appoint, terminate, and fix the pay of three professional staff members who shall be responsible to the Members of the Commission of the political party of the President; and ``(2) Members of the Commission appointed by an elected official of the political party that is not the political party of the President, by a majority vote thereof, shall be entitled to appoint, terminate, and fix the pay of a Minority Staff Director and shall have the authority to appoint, terminate, and fix the pay of three professional staff members who shall be responsible to the Members of the Commission of the political party that is not the political party of the President. ``(b) Staff Appointments and Compensation.--All staff appointments shall be made without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Majority Staff Director, Minority Staff Director, and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ``(c) Qualifications of Professional Staff.--The Commission shall ensure that the professional staff of the Commission consists of persons with expertise in areas relevant to the issue of international religious freedom, including foreign affairs, direct experience abroad, human rights, and international law.''. (b) Conforming Amendments.--Subsection (e) of such section (22 U.S.C. 6432b(e)) is amended by striking ``The Executive Director'' both places it appears and inserting ``The Majority Staff Director and the Minority Staff Director''. SEC. 5. REPORT OF COMMISSION. (a) Report Publication Date.--Section 205(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6433(a)) is amended by striking ``Not later than May 1 of each year'' and inserting ``Each year, not earlier than 30 days after, and not later than 90 days after, the publication of the Department of State's Annual Report on International Religious Freedom''. (b) Consensus on Reports.--Section 205(c) of the International Religious Freedom Act of 1998 (22 U.S.C. 6433(c)) is amended to read as follows: ``(c) Individual or Dissenting Views.--Members of the Commission shall make every effort to reach consensus on the report. When a report supported by all Commissioners is not possible, the report shall be approved by an affirmative vote of at least six of the nine Members of the Commission and each Member of the Commission may include the individual or dissenting views of the Member.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 207(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6435(a)) is amended by striking ``2014'' and inserting ``2016''. SEC. 7. TERMINATION. Section 209 of the International Religious Freedom Act of 1998 (22 U.S.C. 6436) is amended by striking ``September 30, 2014'' and inserting ``September 30, 2016''.", "summary": "United States Commission on International Religious Freedom Reform and Reauthorization Act of 2014 - Amends the International Religious Freedom Act of 1998 to reauthorize the U.S. Commission on International Religious Freedom through September 30, 2016. Directs the Commission, during an initial election, to elect: (1) as Chair a Commissioner appointed by an elected official of the political party that is not the political party of the President, and (2) as Vice Chair a Commissioner appointed by an elected official of the political party of the President. Sets forth a process for future elections in which the positions of Chair and Vice Chair rotate annually between Commissioners appointed by elected officials of each political party. Requires the Ambassador at Large to be notified in advance of all Commission meetings. Allows the Ambassador to attend all meetings as a nonvoting member. Removes authority under which a Commission member may serve after the expiration of that member's term until a successor has taken office. Requires approval by at least six of the nine members of the Commission before: (1) issuance of a statement on behalf of the Commission, or (2) submittal of policy recommendation reports to the President, the Secretary of State, and Congress. Permits each member to include individual or dissenting views. Authorizes elected officials to appoint majority and minority staff directors for the Commission, as well as professional staff for the political parties. (Currently, the Commission appoints a single executive director and is served by nonpartisan staff.)"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildlife Disease Emergency Act of 2010''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) authorize the Secretary of the Interior to identify and declare wildlife disease emergencies; (2) establish a fund through which the Secretary may coordinate rapid response to these emergencies; and (3) prepare for, identify, and address diseases adversely affecting wildlife populations and biodiversity through strategic and coordinated actions between the Federal agencies and State and local agencies, Indian tribes, and nongovernmental organizations. SEC. 3. DECLARATION OF WILDLIFE DISEASE EMERGENCY. (a) In General.--The Secretary of the Interior, in consultation with the Governor of a potentially affected State or States, may declare within such State or States a wildlife disease emergency for disease that is-- (1) occurring within the United States; or (2) occurring outside the United States with the potential to enter the United States. (b) Considerations.--In making a declaration under subsection (a), the Secretary shall consider-- (1) the level of threat the disease poses to affected wildlife populations, based on the-- (A) relative threat to population levels; (B) relative strength of the contagion and spread of the disease; (C) observed rate of morbidity or mortality of the disease; and (D) priority of affected species or ecosystems, including-- (i) species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (ii) species protected by the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), or other Federal statutes; (iii) species and habitats identified as priorities through the National Fish and Wildlife Climate Adaptation Plan or other Federal, State or local laws, regulations, and conservation plans; and (iv) wildlife located on Federal lands; (2) the sufficiency of resources available in the Wildlife Disease Emergency Fund established under section 4; (3) the ability of the Department of the Interior and other Federal, State, and local agencies, tribal governments, and other stakeholders to address and coordinate response to the disease through other authorities; and (4) the request of any State Governor to make such a declaration. (c) Response Coordination.-- (1) In general.--Upon a declaration of a wildlife disease emergency by the Secretary, the Secretary shall lead a coordinated response to the emergency that shall include appropriate Federal agencies, State and local governments, Indian tribes, nongovernmental organizations, or other stakeholders. (2) Grant program.--The Secretary shall develop and implement a grant program to provide funding to State wildlife agencies and Indian tribes to address wildlife disease emergencies. SEC. 4. WILDLIFE DISEASE EMERGENCY FUND. (a) Establishment.--There is established in the Treasury of the United States a separate account, which shall be known as the ``Wildlife Disease Emergency Fund'' and shall consist of-- (1) such amounts as are appropriated to the Secretary for activities to address wildlife disease emergencies authorized by this Act; and (2) any amounts received by the Secretary as donations, gifts, or contributions identified for use to address wildlife disease emergencies. (b) Expenditures From Fund.--Subject to the availability of appropriations, amounts in the fund shall be available to the Secretary for use in carrying out activities authorized by this Act. SEC. 5. WILDLIFE DISEASE COMMITTEE. (a) Establishment.--The Secretary may establish a Wildlife Disease Committee. The purpose of the Committee shall be to assist the Secretary in increasing the level of preparedness of the United States to address emerging wildlife diseases. (b) Purpose.--The Committee shall-- (1) advise the Secretary on risk assessment, preparation, monitoring, research, and response to wildlife diseases that may significantly impact the health and sustainability of wildlife populations; and (2) draft reports, recommendations, plans, or other documents toward accomplishment of these purposes as appropriate. (c) Membership.--Members of the Committee-- (1) shall be appointed by the Secretary from among individuals who are qualified by education, training, and experience; and (2) shall include-- (A) individuals employed by Federal and State agencies and tribal entities who have expertise in wildlife health, biology, ecology, wildlife conservation, and natural resource management; and (B) representatives of public and private organizations who have such expertise. (d) Committee Chair.--The Committee shall be chaired by the Secretary or a designee of the Secretary. (e) Staffing and Assistance.--The Secretary shall make available to the Committee any staff, information, administrative services, or assistance the Secretary determines is reasonably required to enable the Committee to carry out its functions. (f) Renewal.--Notwithstanding the Federal Advisory Committee Act (5 U.S.C. 5 et al.), the Secretary may renew the Committee beyond the date it would otherwise terminate under that Act. SEC. 6. RAPID RESPONSE TEAMS. The Secretary, in consultation with the Committee as appropriate, may convene rapid response teams to address any particular wildlife disease emergency. SEC. 7. SAVINGS CLAUSE. Nothing in this Act shall be construed to-- (1) limit the Secretary's authority to respond to wildlife disease events that are not declared wildlife disease emergencies under this Act; or (2) limit, repeal, supersede, or modify any provision of Federal, State, local, or tribal laws and regulations. SEC. 8. DEFINITIONS. In this Act: (1) Disease.--The term ``disease'' means an infectious or noninfectious, pathological condition occurring in a susceptible population of wildlife, and that is not zoonotic. (2) Fund.--The term ``fund'' means the Wildlife Disease Emergency Fund as established by section 4. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means any State, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands. (6) United states.--The term ``United States'' includes the States and the territories and possessions of the United States. (7) Wildlife.--The term ``wildlife'' means any species native to the United States including nondomesticated mammals, fish, birds, amphibians, reptiles, mollusks, and arthropods. (8) Wildlife disease emergency.--The term ``wildlife disease emergency'' means a disease that is-- (A) infectious and caused by a newly discovered pathogen or a known infectious disease that is expanding its geographic range, species impacted, or other recognized impacts; (B) posing significant threats to the sustainability of a wildlife species; (C) spreading rapidly; or (D) posing a significant threat to the health of a functioning ecosystem in a priority landscape identified as part of the National Fish and Wildlife Climate Change Adaptation Plan or another Federal, State, local, or tribal law, regulation, or conservation plan.", "summary": "Wildlife Disease Emergency Act of 2010 - Directs the Secretary of the Interior to: (1) declare a wildlife disease emergency in one or more states for a disease that is occurring either within the United States or outside the United States with the potential to enter the United States, (2) lead a coordinated response to the emergency, and (3) implement a grant program to provide funding to state wildlife agencies and Indian tribes to address such emergencies. Directs the Secretary, in making such a declaration, to consider: (1) the level of threat the disease poses to affected wildlife populations; (2) the sufficiency of resources available in the Wildlife Disease Emergency Fund; (3) the ability of the Department of the Interior and other federal, state, and local agencies, tribal governments, and other stakeholders to address and coordinate a response to the disease through other authorities; and (4) any state governor's request for such a declaration. Establishes in the Treasury a Wildlife Disease Emergency Fund, which shall be available to the Secretary for activities authorized by this Act. Directs the Secretary to establish a Wildlife Disease Committee to assist the Secretary in increasing the level of preparedness of the United States to address emerging wildlife diseases. Authorizes the Secretary to convene rapid response teams to address a wildlife disease emergency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Worker Registration and Visa Act of 2005''. SEC. 2. ISSUANCE OF TEMPORARY WORKER VISA FOR CERTAIN UNDOCUMENTED WORKER REGISTRANTS. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 245A (8 U.S.C. 1255a) the following new section: ``SEC. 245B. ISSUANCE OF TEMPORARY WORKER VISA FOR CERTAIN UNDOCUMENTED WORKER REGISTRANTS. ``(a) Registration Process for Certain Undocumented Workers.-- ``(1) In general.--The Secretary of Homeland Security shall register under this subsection an alien if the alien demonstrates to the satisfaction of the Secretary that the alien meets the following requirements: ``(A) Application.-- ``(i) In general.--The alien applies for such registration in a form and manner specified by the Secretary during the registration period under clause (ii). ``(ii) Registration period.--The registration period under this clause shall be a 12-month period beginning on a date (not later than 180 days after the enactment of this section) designated by the Secretary. ``(B) Continuous unlawful presence.-- ``(i) In general.--The alien has been continuously unlawfully present in the United States from January 1, 2005, through the date the application under subparagraph (A) is filed. ``(ii) Unlawful presence not known.--The alien's unlawful presence in the United States is not known to officials of the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security (as evidenced by documentary records) at any time prior to the alien's application for registration under this subsection. ``(iii) Treatment of brief, casual, and innocent absences.--An alien shall not be considered to have failed to have maintained continuous physical presence in the United States for purposes of clause (i) by virtue of brief, casual, and innocent absences from the United States or a brief, temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien ``(iv) No authorization of admission.-- Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to register under this subsection. ``(C) Nonimmigrants.-- ``(i) In general.--In the case of an alien who entered the United States as a nonimmigrant before the date specified in subparagraph (B)(i), the alien's period of authorized stay as a nonimmigrant expired through the passage of time before such date. ``(ii) Exchange visitors.--If the alien was at any time a nonimmigrant exchange alien (as described in section 101(a)(15)(J)), the alien was not subject to the two-year foreign residence requirement of section 212(e) or has fulfilled that requirement or received a waiver thereof. ``(D) Admissible as temporary worker.--The alien-- ``(i) is admissible to the United States as an immigrant, except as otherwise provided under paragraph (3), and is not inadmissible under paragraph (2) or (3) of section 212(a) or deportable under paragraph (2)(A)(iii) or (4) of section 237(a); ``(ii) has not been convicted of any felony or of three or more misdemeanors committed in the United States; and ``(iii) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion. ``(E) Biometric identifiers.--The alien provides the Secretary with such biometric identifiers as the Secretary may require for the issuance of a visa, in accordance with section 303(b)(1) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732(b)(1)). ``(F) Registration fee.--The alien has paid such registration fee as the Secretary shall specify. ``(G) Abandonment of other applications for relief.--The alien has withdrawn or has otherwise abandoned or terminated any other application for relief from removal under any law, which may have been pending prior to the submission of the application under subparagraph (A), and the alien has permanently relinquished the opportunity subsequently to submit any other such application for relief. ``(H) Employment in the united states.-- ``(i) In general.--Except as provided in clause (ii), the alien was employed on a full- time basis in the United States since the date specified in subparagraph (B)(i). ``(ii) Exception for spouses and minor children of registrants.--Clause (i) shall not apply in the case of an alien who is the spouse or minor child of an alien who is registered (or in the process of registering) under this subsection. ``(2) Benefits of registration.-- ``(A) Work authorization.-- ``(i) In general.--The Secretary shall authorize an alien who is registered under this subsection to engage in employment in the United States during the term of the alien's registration and shall provide the alien with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(ii) Granting upon prima facie showing of eligibility.--In the case of an alien who applies for registration under this subsection and who establishes a prima facie case of eligibility to be so registered, the Secretary shall provide such alien with the employment authorization described in clause (i) during the pendency of such application. ``(3) Waiver of certain grounds for removal.-- ``(A) In general.--Except as provided in this paragraph, the provisions of subparagraphs (A) and (B) of subsection (d)(2) of section 245A shall apply to determinations of eligibility for registration under this subsection in the same manner as they apply to determinations of admissibility for purposes of such section. ``(B) Modification of reference.--In applying subparagraph (A), any reference in section 245A(d)(2)(A) to section 212(a)(7)(A) is deemed a reference to section 212(a)(7)(B). ``(C) Inapplicability of certain grounds for subsequent removal.--For purposes of obtaining the benefits described in this subsection, and for purposes of any other determination under the immigration laws of the United States, any ground for removal or denial of admission (including grounds under sections 212(a)(6)(A) and 212(a)(9)(B)) applicable to an alien registered under this subsection shall be disregarded if the ground is reflected in the records of the Department of Homeland Security or the Department of State on the date on which the alien first applied for such registration and if such ground is waived under this paragraph. ``(4) Termination of registration.-- ``(A) Expiration.--Except as provided in subparagraph (B), the period of registration of an alien under this section shall expire at the end of the 6-month period beginning on the date of the approval of such registration. ``(B) Termination of registration.--The Secretary of Homeland Security shall provide for the termination of registration of an alien under this subsection-- ``(i) if it appears to the Secretary that the alien was in fact not eligible for such registration; or ``(ii) if the alien commits an act that makes the alien inadmissible to the United States as a nonimmigrant under section 101(a)(15)(W). ``(b) Provision of Temporary Worker Visa.-- ``(1) In general.--The Secretary of Homeland Security shall approve the issuance of a visa to an alien as a nonimmigrant described in section 101(a)(15)(W) if the alien-- ``(A) is registered under subsection (a); and ``(B) makes application for such visa at an appropriate consular office outside the United States in the alien's country of nationality or, in the case of an alien having no nationality, in the alien's country of last habitual residence outside the United States, not later than 6 months after the date of approval of such registration. ``(2) Period of authorized admission.-- ``(A) In general.--Subject to subparagraph (B), the initial period of authorized admission as a nonimmigrant described in section 101(a)(15)(W) shall be 3 years. ``(B) Employment required to maintain status.-- ``(i) In general.--An alien's admission as a nonimmigrant under section 101(a)(15)(W), other than as the spouse or child of such a nonimmigrant, is conditioned upon continuous employment in the United States. ``(ii) Short breaks in employment permitted with notice.-- An alien does not violate clause (i) if-- ``(I) the break in employment does not exceed 30 days (or such longer period as the Secretary may provide based on extraordinary circumstances); and ``(II) the Secretary is provided notice in a timely manner of the break in employment and of the resumption of employment. ``(C) Extension.-- ``(i) In general.--The period of authorized admission as a nonimmigrant under section 101(a)(15)(W) may be extended by the Secretary in 3-year increments. The Secretary may not authorize such extension for an alien if the alien violated subparagraph (B) for the previous period of authorized admission. ``(ii) Extension fee.-- The Secretary shall impose a fee on applicants for an extension under clause (i). ``(D) Termination of nonimmigrant status.--The Secretary of Homeland Security shall provide for the termination of nonimmigrant status granted an alien under this subsection if it appears to the Secretary that the alien was in fact not eligible for registration under subsection (a). ``(c) Application of Certain Provisions.-- ``(1) Confidentiality and false statement.--The provisions of paragraphs (5) and (6) of subsection (c) of section 245A shall apply to applications for registration under subsection (a) in the same manner as they applied to applications for adjustment under section 245A. ``(2) Temporary stay of deportation.--The provisions of subsection (e)(1) of section 245A shall apply to aliens with respect to the application period and registration under subsection (a) in the same manner as they applied to the application period and applications for adjustment under subsection (a) of such section. ``(d) Construction.-- ``(1) Limited follow-to-join authority for family members.--Nothing in this section shall be construed as authorizing, in the case of an alien registered under subsection (a)-- ``(A) the registration of any family member of such alien unless such family member meets the requirements for such registration; or ``(B) the issuance of a nonimmigrant visa under section 101(a)(15)(W) to such family member unless such family member qualifies for such a visa. ``(2) Change in nonimmigrant classification; adjustment of status.--Nothing in this section shall be construed as prohibiting the change of nonimmigrant classification, or adjustment to lawful permanent resident status, of an alien who is a nonimmigrant described in section 101(a)(15)(W).''. (b) New Nonimmigrant Visa Category.--Section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) is amended-- (1) in subparagraph (U), by striking ``or'' at the end; (2) in subparagraph (V), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(W) an alien who is coming temporarily to the United States to be employed in accordance with subsection (b) of section 245B, and the spouse and minor children of such alien if accompanying or following to join the alien and qualified under paragraph (1) of such subsection to be provided nonimmigrant status under this subparagraph.''. (c) Clerical Amendment.--The table of contents for such Act is amended by inserting after the item relating to section 245A the following: ``Sec. 245B. Issuance of temporary worker visa for certain undocumented worker registrants.''.", "summary": "Temporary Worker Registration and Visa Act of 2005 - Amends the Immigration and Nationality Act to provide for issuance of a temporary (initial three-year period with three-year extensions) worker visa (W-visa) for qualifying aliens who have been continuously unlawfully present and working full-time in the United States from January 1, 2005 through the application date provided for under this Act. Conditions such admission on the alien worker's continuous employment. Limits family member follow-to-join admissions to situations where the family member meets registration or W-visa requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Cures Act''. SEC. 2. CAP ADJUSTMENT. (a) In General.--Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C), the following: ``(D) Biomedical research.-- ``(i) National institutes of health.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the National Institutes of Health at the Department of Health and Human Services, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $1,741,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $3,422,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $5,167,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $7,085,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $9,149,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $11,435,000,000 in additional new budget authority. ``(ii) Centers for disease control and prevention.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Centers for Disease Control and Prevention at the Department of Health and Human Services, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $716,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $1,287,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $1,503,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $1,980,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $2,298,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $2,884,000,000 in additional new budget authority. ``(iii) Department of defense health program.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Department of Defense health program, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $57,402,000 in additional new budget authority; ``(II) for fiscal year 2017, $139,213,000 in additional new budget authority; ``(III) for fiscal year 2018, $226,460,000 in additional new budget authority; ``(IV) for fiscal year 2019, $322,742,000 in additional new budget authority; ``(V) for fiscal year 2020, $425,700,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $540,000,000 in additional new budget authority. ``(iv) Medical and prosthetics research program of the department of veterans affairs.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the medical and prosthetics research program of the Department of Veterans Affairs, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $25,201,000 in additional new budget authority; ``(II) for fiscal year 2017, $52,945,000 in additional new budget authority; ``(III) for fiscal year 2018, $80,866,000 in additional new budget authority; ``(IV) for fiscal year 2019, $112,189,000 in additional new budget authority; ``(V) for fiscal year 2020, $146,157,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $184,027,000 in additional new budget authority. ``(v) Definitions.--As used in this subparagraph: ``(I) Additional new budget authority.--The term `additional new budget authority' means-- ``(aa) with respect to the National Institutes of Health, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the National Institutes of Health; ``(bb) with respect to the Centers for Disease Control and Prevention, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the Centers for Disease Control and Prevention; ``(cc) with respect to the Department of Defense health program, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the Department of Defense health program; and ``(dd) with respect to the medical and prosthetics research program of the Department of Veterans Affairs, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the medical and prosthetics research program of the Department of Veterans Affairs. ``(II) Centers for disease control and prevention.--The term `Centers for Disease Control and Prevention' means the appropriations accounts that support the various institutes, offices, and centers that make up the Centers for Disease Control and Prevention. ``(III) Department of defense health program.--The term `Department of Defense health program' means the appropriations accounts that support the various institutes, offices, and centers that make up the Department of Defense health program. ``(IV) Medical and prosthetics research program of the department of veterans affairs.--The term `medical and prosthetics research program of the Department of Veterans Affairs' means the appropriations accounts that support the various institutes, offices, and centers that make up the medical and prosthetics research program of the Department of Veterans Affairs. ``(V) National institutes of health.--The term `National Institutes of Health' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Institutes of Health.''. (b) Funding.--There are hereby authorized to be appropriated-- (1) for the National Institutes of Health, the amounts provided for under clause (i) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; (2) for the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, the amounts provided for under clause (ii) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; (3) for the Department of Defense health program, the amounts provided for under clause (iii) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; and (4) for the Medical and prosthetics research program of the Department of Veterans Affairs, the amounts provided for under clause (iv) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year. (c) Minimum Continued Funding Requirement.--Amounts appropriated for each of the programs and agencies described in section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as added by subsection (a)) for each of fiscal years 2016 through 2021, and each subsequent fiscal year, shall not be less than the amounts appropriated for such programs and agencies for fiscal year 2015. (d) Exemption of Certain Appropriations From Sequestration.-- (1) In general.--Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act (2 U.S.C. 905(g)(1)(A)) is amended by inserting after ``Advances to the Unemployment Trust Fund and Other Funds (16-0327-0-1-600).'' the following: ``Appropriations under the American Cures Act.''. (2) Applicability.--The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.", "summary": "American Cures Act This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require certain adjustments to discretionary spending limits in FY2016-FY2021 to accommodate increases in appropriations for agencies that perform biomedical research. Adjustments are required for the National Institutes of Health, the Centers for Diseases Control and Prevention, the Department of Defense health program, and the Department of Veterans Affairs medical and prosthetics research program. The bill also requires annual appropriations for each of the programs and agencies referenced in this bill to be at least the amount appropriated in FY2015. The bill exempts appropriations provided pursuant to this bill from sequestration. Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Strategic Partnership Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The people and the Governments of the United States and Israel share a deep and unbreakable bond, forged by over 60 years of shared interests and shared values. (2) Today, the people and Governments of the United States and Israel are facing a dynamic and rapidly changing security environment in the Middle East and North Africa, necessitating deeper cooperation on a range of defense, security, and intelligence matters. (3) From Gaza, Hamas continues to deny Israel's right to exist and persists in firing rockets indiscriminately at population centers in Israel. (4) Hezbollah--with support from Iran--continues to stockpile rockets and may be seeking to exploit the tragic and volatile security situation within Syria. (5) The Government of Iran continues to pose a grave threat to the region and the world at large with its reckless uranium enrichment program and defiance of multiple United Nations Security Council resolutions. (6) The civil war in Syria is threatening the security of Syria's chemical weapons arsenal, which could be deployed against its own people or fall into the hands of terrorists. (7) Given these challenges, it is imperative that the United States continue to deepen cooperation with allies like Israel in pursuit of shared policy objectives. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to reaffirm the unwavering support of the United States for the security of Israel as a Jewish state; (2) to reaffirm the principals and objectives enshrined in the United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112-150) and ensure its implementation to the fullest extent; (3) to reaffirm the importance of the 2007 United States- Israel Memorandum of Understanding on United States assistance to Israel and the semi-annual Strategic Dialogue between the United States and Israel; (4) to pursue every opportunity to deepen cooperation with Israel on a range of critical issues including defense, homeland, energy, and cyber security; (5) to continue to provide Israel with robust security assistance, including for the development, procurement, and maintenance of the Iron Dome Missile Defense System; and (6) to support the Government of Israel in its ongoing efforts to reach a negotiated political settlement with the Palestinian people that results in two states living side-by- side in peace and security. SEC. 4. SENSE OF CONGRESS ON ISRAEL AS A MAJOR STRATEGIC PARTNER. It is the sense of Congress that Israel is a Major Strategic Partner. SEC. 5. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY. (a) Department of Defense Appropriations Act, 2005.--Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by striking ``more than 10 years after'' and inserting ``more than 11 years after''. (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and 2014'' and inserting ``, 2014, and 2015''. SEC. 6. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING REQUIREMENTS. (a) Finding.--Congress finds that Israel-- (1) has declared its unilateral adherence to the Missile Technology Control Regime and the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies; (2) is a party to-- (A) the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, signed at Geneva October 10, 1980; (B) the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva June 17, 1925; and (C) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on October 26, 1979; and (3) is a country with a low risk of diversion of items subject to export controls. (b) Eligibility for Strategic Trade Authorization Exception.--The Secretary of Commerce shall take steps to include Israel in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of title 15, Code of Federal Regulations, to the requirement for a license for the export, reexport, or in-country transfer of an item subject to controls under the Export Administration Regulations, consistent with the obligations of the United States pursuant to international agreements. SEC. 7. ENERGY, WATER, HOMELAND SECURITY, AGRICULTURE, AND ALTERNATIVE FUEL TECHNOLOGIES. (a) In General.--The President is authorized to carry out United States-Israel cooperative activities and to provide assistance promoting cooperation in the fields of energy, water, homeland security, agriculture, and alternative fuel technologies. (b) Requirements.--In carrying out subsection (a), the President is authorized to share and exchange with Israel research, technology, intelligence, information, equipment, and personnel that the President determines will advance the national security interests of the United States and is consistent with the Strategic Dialogue and pertinent provisions of law-- (1) by enhancing scientific cooperation between Israel and the United States; or (2) by the sale, lease, exchange in kind, or other techniques the President determines to be suitable. SEC. 8. REPORT ON ESTABLISHMENT OF UNITED STATES-ISRAEL CENTER OF EXCELLENCE ON CYBER SECURITY. Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the feasibility and advisability of establishing a joint United States-Israel Cyber Security Center for the purposes of sharing and advancing technologies related to the prevention of cybercrimes. SEC. 9. DESIGNATION OF ISRAEL AS VISA WAIVER PROGRAM COUNTRY. Section 217(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``subparagraph (G) and'' after ``Except as provided in''; and (2) by adding at the end the following: ``(G) Israel.--The State of Israel shall be designated as a program country on the date on which the Secretary of Homeland Security, after consultation with the Secretary of State, certifies that the Government of Israel-- ``(i) has complied with all of the requirements set forth in subparagraphs (B) through (F); and ``(ii) has made every reasonable effort, without jeopardizing the security of the State of Israel, to ensure that reciprocal travel privileges are extended to all United States citizens.''. SEC. 10. REPORT ON IMPLEMENTATION OF SECTION 4 OF THE UNITED STATES- ISRAEL ENHANCED SECURITY COOPERATION ACT OF 2012. Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Armed Services of the Senate and the House of Representatives a comprehensive report on current and future efforts undertaken by the President to fulfill the objectives of section 4 of the United States-Israel Enhanced Security Cooperation Act (22 U.S.C. 8603).", "summary": "United States-Israel Strategic Partnership Act of 2013 - Declares that Israel is a Major Strategic Partner of the United States. Amends the Israel Enhanced Security Cooperation Act of 2012 to extend authority to: (1) make additions to foreign-based defense stockpiles, and (2) transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Directs the Secretary of Commerce to take steps to make Israel eligible for the strategic trade authorization exception to the requirement for a license for the export, reexport, or in-country transfer of an item subject to certain export controls. Authorizes the President to carry out U.S.-Israel cooperative activities and to provide assistance for cooperation in the fields of energy, water, homeland security, agriculture, and alternative fuel technologies. Directs the President to report to Congress on the feasibility and advisability of establishing a joint United States-Israel Cyber Security Center. Includes Israel in the visa waiver program when Israel satisfies such program's inclusion requirements and provides, subject to security concerns, reciprocal travel privileges for U.S. citizens."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Livestock Protection and Ranching Opportunity Act of 2014''. SEC. 2. SENSE OF CONGRESS REGARDING COUNTRY OF ORIGIN LABELING. It is the sense of Congress that-- (1) the overwhelming majority of consumers in the United States want to know where animals used to produce the meat eaten by the consumers is born, raised, and slaughtered; (2) country-of-origin labeling provides information that consumers in the United States have a right to know; and (3) country-of-origin labeling facilitates supply chain information critical for food safety. SEC. 3. PROHIBITION ON IMPORTATION OF FRESH MEAT AND MEAT PRODUCTS FROM COUNTRIES WITH FOOT-AND-MOUTH DISEASE. Section 10404 of the Animal Health Protection Act (7 U.S.C. 8303) is amended by adding at the end the following: ``(d) Prohibition on Importation of Fresh Meat and Meat Products From Countries With Foot-and-Mouth Disease.--Notwithstanding any other provision of law, until the date on which the Secretary of Agriculture certifies to Congress that a country is free of foot-and-mouth disease without vaccination, the Secretary may not-- ``(1) allow the importation of fresh meat or meat products from that country; or ``(2) initiate, administer, finalize, or enforce any rulemaking allowing for the new importation of any fresh meat or meat product from that country.''. SEC. 4. BRUCELLOSIS RESEARCH AND COMPENSATION. (a) Livestock Disease Initiative.--Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7624 et seq.) is amended by inserting after the title heading the following: ``SEC. 401. LIVESTOCK DISEASE INITIATIVE. ``(a) In General.--There is established in the Department a livestock disease initiative under which the Secretary shall provide to eligible entities competitive grants for research and development described in subsection (d). ``(b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a Federal agency; ``(2) a National Laboratory; ``(3) an institution of higher education; ``(4) a research institution; or ``(5) a State agricultural experiment station. ``(c) Priority.--In awarding grants under this section, the Secretary shall give priority to research and development relating to bovine brucellosis, bovine tuberculosis, and other zoonotic diseases in livestock that are covered by a high-priority research and extension initiative authorized under section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925). ``(d) Use of Grants.--An entity that receives a grant under this section shall use the grant to conduct research and development relating to surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for diseases in domestic livestock that present a potential concern to public health and safety, as determined by the Secretary. ``(e) Matching Funds.-- ``(1) In general.--In awarding grants under this section, the Secretary may give priority to proposals from eligible entities that provide matching funds for the grants in a manner as determined by the Secretary, but shall not require eligible entities to have matching funds as a requirement of being awarded a grant. ``(2) Exemption.--The matching funds requirement under section 1492 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371) shall not apply in the case of a grant awarded under this section. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2015 through 2018.''. (b) Assistance for Losses Due to Brucellosis.--Section 1501(c) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)) is amended-- (1) in paragraph (1)(A), by inserting ``or brucellosis'' after ``fire condition'' both places it appears; (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(C) brucellosis, as described in paragraph (6).''; and (3) by adding at the end the following: ``(6) Assistance for losses due to brucellosis.-- ``(A) In general.--An eligible livestock producer may receive assistance under this paragraph only if the grazing losses occur due to quarantine of livestock under section 10407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8306) due to brucellosis infection in the Greater Yellowstone Designated Surveillance Area, as determined by the Secretary. ``(B) Payment rate.--The payment rate for assistance under this paragraph shall be equal to 60 percent of the monthly feed cost (as determined under paragraph (3)(C)) for the total number of livestock of the eligible livestock producer subject to quarantine.''. SEC. 5. LIVESTOCK INDEMNITY PAYMENTS. Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 9081(b)) is amended by striking paragraph (2) and inserting the following: ``(2) Payment rates.--Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 75 percent of the higher of, as determined by the Secretary-- ``(A) the market value of the applicable livestock on the earliest day that information is available to the Secretary; or ``(B) the applicable nationwide price of the applicable livestock for the previous calendar year.''. SEC. 6. LIVESTOCK FORAGE DISASTER PROGRAM. Section 1501(c)(3)(C) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(C)) is amended by adding at the end the following: ``(iv) High-value forage.--The Secretary may provide for a price adjustment in the monthly feed cost in the case of high-value forage, as determined by the Secretary.''.", "summary": "American Livestock Protection and Ranching Opportunity Act of 2014 - Expresses the sense of Congress that: the majority of consumers in the United States want to know where animals used to produce the meat eaten are born, raised, and slaughtered; country-of-origin labeling provides information that consumers have a right to know; and country-of-origin labeling facilitates supply chain information critical for food safety. Amends the Animal Health Protection Act to prohibit the Secretary of Agriculture (USDA) from allowing or advancing regulations that allow the importation of fresh meat and meat products from a country until the Secretary certifies to Congress that a country is free of foot-and-mouth disease without vaccination. Amends the Agricultural Research, Extension, and Education Reform Act of 1998 to establish a USDA livestock disease initiative to provide competitive grants for research and development related to surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for diseases in domestic livestock that present a potential concern to public health and safety. Makes federal agencies, national laboratories, institutions of higher education, research institutions, and state agricultural experiment stations eligible for grants. Amends the Agricultural Act of 2014 to provide eligible livestock producers with assistance for losses due to brucellosis and to alter the payment rates USDA uses to provide agricultural disaster assistance under the Livestock Indemnity Program and the Livestock Forage Disaster Program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Survivors' and Dependents' Educational Assistance Adjustment Act of 2002''. SEC. 2. INCREMENTAL INCREASE IN RATES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE. (a) Survivors' and Dependents' Educational Assistance.--Section 3532 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``at the monthly rate of'' and all that follows and inserting ``at the monthly rate of-- ``(A) for months occurring during fiscal year 2003, $900 for full-time, $676 for three-quarter-time, or $450 for half- time pursuit; and ``(B) for months occurring during a subsequent fiscal year, $985 for full-time, $740 for three-quarter-time, or $492 for half-time pursuit.''; and (B) in paragraph (2), by striking ``at the rate of'' and all that follows and inserting ``at the rate of the lesser of-- ``(A) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay; or ``(B)(i) for months occurring during fiscal year 2003, $900 per month for a full-time course; or (ii) for months occurring during a subsequent fiscal year, $985 per month for a full-time course.''; (2) in subsection (b), by striking ``at the rate of'' and all that follows and inserting ``at the rate of-- ``(1) for months occurring during fiscal year 2003, $900 per month; and ``(2) for months occurring during a subsequent fiscal year, $985 per month.''; and (3) in subsection (c)(2), by striking ``shall be'' and all that follows and inserting ``shall be-- ``(A) for months occurring during fiscal year 2003, $727 for full-time, $545 for three-quarter-time, or $364 for half- time pursuit; and ``(B) for months occurring during a subsequent fiscal year, $795 for full-time, $596 for three-quarter-time, or $398 for half-time pursuit.''. (b) Correspondence Courses.--Section 3534(b) of that title is amended by striking ``for each $670'' and all that follows and inserting ``for each amount which is paid to the spouse as an educational assistance allowance for such course as follows: ``(1) For amounts paid during fiscal year 2003, $900. ``(2) For amounts paid during a subsequent fiscal year, $985.''. (c) Special Restorative Training.--Section 3542(a) of that title is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by designating the second sentence as paragraph (2) and indenting such paragraph, as so designated, two ems from the left margin; (3) in paragraph (1), as so designated, by striking ``the basic rate of $670 per month.'' and inserting ``the basic rate of-- ``(A) for months occurring during fiscal year 2003, $900 per month; and ``(B) for months occurring during a subsequent fiscal year, $985 per month.''; and (4) in paragraph (2), as so designated-- (A) by striking ``$184 per calendar month'' and inserting ``$282 per calendar month for months occurring during fiscal year 2003, or $307 per calendar months for months occurring during a subsequent fiscal year''; and (B) by striking ``$184 a month'' and inserting ``$282 a month for months occurring during fiscal year 2003, or $307 a month for months occurring during a subsequent fiscal year''. (d) Apprenticeship Training.--Section 3687(b)(2) of that title is amended by striking ``shall be $488 for the first six months'' and all that follows and inserting ``shall be-- ``(A) $655 for the first six months, $490 for the second six months, $325 for the third six months, and $164 for the fourth and any succeeding six-month period of training, if such six-month period of training begins during fiscal year 2003; and ``(B) $717 for the first six months, $536 for the second six months, $356 for the third six months, and $179 for the fourth and any succeeding six-month period of training, if such six-month period of training begins during a subsequent fiscal year.''. (e) Effective Date.--(1) The amendments made by this section shall take effect as of October 1, 2003, and shall apply with respect to educational assistance allowances payable under chapter 35 and section 3687(b)(2) of title 38, United States Code, for months beginning on or after that date. (2) No adjustment in rates of monthly training allowances shall be made under section 3687(d) of title 38, United States Code, for fiscal years 2003 and 2004. SEC. 3. MODIFICATION OF DURATION OF EDUCATIONAL ASSISTANCE. Section 3511(a)(1) of title 38, United States Code, is amended by striking ``45 months'' and all that follows and inserting ``45 months, or 36 months in the case of a person who first files a claim for educational assistance under this chapter after the date of the enactment of the Survivors' and Dependents' Educational Assistance Adjustment Act of 2002, or to the equivalent thereof in part-time training.''. SEC. 4. INCREASE IN AGGREGATE ANNUAL AMOUNT AVAILABLE FOR STATE APPROVING AGENCIES FOR ADMINISTRATIVE EXPENSES. (a) Increase in Amount.--Section 3674(a)(4) of title 38, United States Code, is amended in the first sentence by striking ``may not exceed $13,000,000'' and all that follows through the end and inserting ``may not exceed $18,000,000.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2002.", "summary": "Survivors' and Dependents' Educational Assistance Adjustment Act of 2002 - Provides incremental increases in the rates of educational assistance provided to veterans' survivors and dependents, including for full- and part-time courses, correspondence courses, special restorative training, and apprenticeship training.Entitles an eligible person who first files a claim for such assistance after enactment of this Act to assistance for up to 36 (currently 45) months.Increases the annual aggregate amount available to State educational approving agencies for the reimbursement of administrative expenses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Entrepreneurs' Economic Development Act of 2013''. SEC. 2. DIRECT LENDING PROGRAM FOR SMALL BUSINESS CONCERNS. (a) Establishment.--The Administrator of the Small Business Administration shall-- (1) establish and carry out a loan program (in this Act referred to as the ``program''); and (2) establish a process under which an eligible small business concern may submit an application to the Administrator for the purpose of securing a loan under the program. (b) Loan Amount.--Each loan made to an eligible small business concern under the program shall be in an amount not to exceed $150,000. (c) Repayment Period.--An eligible small business concern that receives a loan under the program shall repay the loan not later than 6 years after the date on which such loan is disbursed. (d) No Prepayment Penalty.--There shall be no prepayment penalty on a loan made under the program. (e) Interest Rate.--The maximum legal rate of interest on any loan made under the program shall not exceed the sum of the rate prescribed by the Administrator pursuant to section 7(a)(4)(A) of the Small Business Act (15 U.S.C. 636(a)(4)(A)) for direct loans plus 5 percent. (f) Borrower Fees.--With respect to each loan made to an eligible small business concern under the program, the Administrator may collect a fee from the borrower using the formula established under section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)). (g) Underwriting Standards.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue guidance regarding prudent underwriting standards that must be used for loans made under the program. (h) Lender Participation.-- (1) Lenders.-- (A) In general.--The Administrator shall establish a process under which the Administrator makes available to lenders each loan application submitted for the purpose of such lenders originating, underwriting, closing, and servicing the loan for which the applicant applied. (B) Eligibility.--Lenders are eligible to receive a loan application described in subparagraph (A) if they participate in the program. (C) Local lenders.--The Administrator shall first make available a loan application described in subparagraph (A) to lenders within 50 miles of the principal office of the loan applicant. (D) Preferred lenders.--If a lender described in subparagraph (C) does not agree to originate, underwrite, close, and service the loan applied for within 5 business days of receiving a loan application described in subparagraph (A), the Administrator shall subsequently make available such loan application to lenders in the Preferred Lenders Program under section 7(a)(2)(C)(ii) of the Small Business Act (15 U.S.C. 636(a)(2)(C)(ii)). (E) Authority of administration to lend.--If a lender described in subparagraphs (C) and (D) does not agree to originate, underwrite, close, and service the loan applied for within 10 business days of receiving a loan application described in subparagraph (A), the Administrator shall, in accordance with the underwriting standards promulgated under subsection (g), consider such loan for origination, underwriting, closing, and servicing by the Administration within 10 business days. (2) Asset sales.--The Administrator shall offer to sell loans made by the Administrator under the program. Such sales shall be made through the semi-annual public solicitation (in the Federal Register and in other media) of offers to purchase. The Administrator may contract with vendors for due diligence, asset valuation, and other services related to such sales. The Administrator may not sell any loan under the program for less than 90 percent of the net present value of the loan, as determined and certified by a qualified third party. (3) Loans not sold.--The Administrator shall maintain and service loans made by the Administrator under this paragraph that are not sold through the asset sales under this subsection. (i) Definitions.--In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Eligible small business concern.--The term ``eligible small business concern'' means a small business concern that has less than 20 employees. (3) Small business concern.--The term ``small business concern'' has the same meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. FEE FOR HIGH-DOLLAR 7(A) LOANS. Section 7(a) of the Small Business Act is amended-- (1) by redesignating paragraphs (31) through (35) as paragraphs (32) through (36); and (2) by inserting the following new paragraph: ``(31) Fee for high-dollar loans.--With respect to each loan in excess of $2,000,000 approved under this subsection, the Administration shall assess, collect, and retain a fee not to exceed a certain percentage, as determined by the Administrator, of the outstanding balance of the deferred participation share of the loan, as necessary to reduce to zero the cost to the Administration of making loans under this subsection. As used in the paragraph, the term `cost' has the meaning given that term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).''.", "summary": "Strengthening Entrepreneurs' Economic Development Act of 2013 - Directs the Administrator of the Small Business Administration (SBA) to establish and carry out a direct lending program for small businesses (businesses with fewer than 20 employees). Sets forth provisions governing the amount and repayment period of, and interest rate on, such a loan. Authorizes the Administrator to collect a fee from the borrower. Directs the Administrator to: (1) issue guidance regarding prudent underwriting standards for such loans; (2) establish a process of making each loan application available to lenders for the purpose of originating, underwriting, closing, and servicing the loan; (3) first give priority to lenders within 50 miles of the principal office of the applicant, then make such applications available to lenders in the Preferred Lenders Program, and then consider such a loan for origination, underwriting, closing, and servicing by the Administrator; (4) offer to sell loans made under the program through the semi-annual public solicitation of offers to purchase; and (5) maintain and service loans that are not sold through asset sales. Amends the Small Business Act to require the SBA, for each small business loan in excess of $2 million that is approved under such Act, to collect a fee not to exceed a certain percentage of the outstanding balance of the deferred participation share of the loan as necessary to reduce to zero the cost to the SBA of making such loan."}
{"article": "SECTION 1. ADJUSTED DIFFERENTIALS. (a) In General.--Paragraph (1) of section 404(b) of the Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note) is amended by striking the matter after ``follows:'' and inserting the following: ``Area Differential Atlanta Consolidated Metropolitan Statistical Area. 16.82% Boston-Worcester-Lawrence, MA-NH-ME-CT-RI 24.42% Consolidated Metropolitan Statistical Area. Chicago-Gary-Kenosha, IL-IN-WI Consolidated 25.68% Metropolitan Statistical Area. Cincinnati-Hamilton, OH-KY-IN Consolidated 21.47% Metropolitan Statistical Area. Cleveland Consolidated Metropolitan Statistical 17.83% Area. Columbus Consolidated Metropolitan Statistical Area 16.90% Dallas Consolidated Metropolitan Statistical Area.. 18.51% Dayton Consolidated Metropolitan Statistical Area.. 15.97% Denver-Boulder-Greeley, CO Consolidated 22.78% Metropolitan Statistical Area. Detroit-Ann Arbor-Flint, MI Consolidated 25.61% Metropolitan Statistical Area. Hartford, CT Consolidated Metropolitan Statistical 24.47% Area. Houston-Galveston-Brazoria, TX Consolidated 30.39% Metropolitan Statistical Area. Huntsville Consolidated Metropolitan Statistical 13.29% Area. Indianapolis Consolidated Metropolitan Statistical 13.38% Area. Kansas City Consolidated Metropolitan Statistical 14.11% Area. Los Angeles-Riverside-Orange County, CA 27.25% Consolidated Metropolitan Statistical Area. Miami-Fort Lauderdale, FL Consolidated Metropolitan 21.75% Statistical Area. Milwaukee Consolidated Metropolitan Statistical 17.45% Area. Minneapolis-St. Paul, MN-WI Consolidated 20.27% Metropolitan Statistical Area. New York-Northern New Jersey-Long Island, NY-NJ-CT- 27.11% PA Consolidated Metropolitan Statistical Area. Orlando, FL Consolidated Metropolitan Statistical 14.22% Area. Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD 21.03% Consolidated Metropolitan Statistical Area. Pittsburgh Consolidated Metropolitan Statistical 14.89% Area. Portland-Salem, OR-WA Consolidated Metropolitan 20.96% Statistical Area. Richmond Consolidated Metropolitan Statistical Area 16.46% Sacramento-Yolo, CA Consolidated Metropolitan 20.77% Statistical Area. San Diego, CA Consolidated Metropolitan Statistical 22.13% Area. San Francisco-Oakland-San Jose, CA Consolidated 32.98% Metropolitan Statistical Area. Seattle-Tacoma-Bremerton, WA Consolidated 21.18% Metropolitan Statistical Area. St. Louis Consolidated Metropolitan Statistical 14.69% Area. Washington-Baltimore, DC-MD-VA-WV Consolidated 19.48% Metropolitan Statistical Area. Rest of United States Consolidated Metropolitan 14.19%''. Statistical Area. (b) Special Rules.--For purposes of the provision of law amended by subsection (a)-- (1) the counties of Providence, Kent, Washington, Bristol, and Newport, RI, the counties of York and Cumberland, ME, and the city of Concord, NH, shall be treated as if located in the Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated Metropolitan Statistical Area; and (2) members of the Capitol Police shall be considered to be law enforcement officers within the meaning of section 402 of the Federal Law Enforcement Pay Reform Act of 1990. (c) Effective Date.--The amendment made by subsection (a)-- (1) shall take effect as if included in the Federal Law Enforcement Pay Reform Act of 1990 on the date of the enactment of such Act; and (2) shall be effective only with respect to pay for service performed in pay periods beginning on or after the date of the enactment of this Act. Subsection (b) shall be applied in a manner consistent with the preceding sentence. SEC. 2. SEPARATE PAY, EVALUATION, AND PROMOTION SYSTEM FOR FEDERAL LAW ENFORCEMENT OFFICERS. (a) Study.--Not later than 6 months after the date of the enactment of this Act, the Office of Personnel Management shall study and submit to Congress a report which shall contain its findings and recommendations regarding the need for, and the potential benefits to be derived from, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers. In carrying out this subsection, the Office of Personnel Management shall take into account the findings and recommendations contained in the September 1993 report of the Office entitled ``A Plan to Establish a New Pay and Job Evaluation System for Federal Law Enforcement Officers''. (b) Demonstration Project.-- (1) In general.--If, after completing its report under subsection (a), the Office of Personnel Management considers it to be appropriate, the Office shall implement, within 12 months after the date of the enactment of this Act, a demonstration project to determine whether a separate system for Federal law enforcement officers (as described in subsection (a)) would result in improved Federal personnel management. (2) Applicable provisions.--Any demonstration project under this subsection shall be conducted in accordance with the provisions of chapter 47 of title 5, United States Code, except that a project under this subsection shall not be taken into account for purposes of the numerical limitation under section 4703(d)(2) of such title. (3) Permanent changes.--Not later than 6 months before the demonstration project's scheduled termination date, the Office of Personnel Management shall submit to Congress-- (A) its evaluation of the system tested under the demonstration project; and (B) recommendations as to whether or not that system (or any aspects of that system) should be continued or extended to other Federal law enforcement officers. (c) Federal Law Enforcement Officer Defined.--In this section, the term ``Federal law enforcement officer'' means a law enforcement officer as defined under section 8331(20) or 8401(17) of title 5, United States Code. SEC. 3. LIMITATION ON PREMIUM PAY. (a) In General.--Section 5547 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``5545a,''; (2) in subsection (c), by striking ``or 5545a''; and (3) in subsection (d), by striking the period and inserting ``or a criminal investigator who is paid availability pay under section 5545a.''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 1114 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1239).", "summary": "Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for (percentage differentials payable to) Federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act.Directs the Office of Personnel Management: (1) to study and report to Congress on the need for, and the potential benefits to be derived from, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers; (2) if it considers it to be appropriate, to implement a demonstration project to determine whether a separate system for such officers would result in improved Federal personnel management; and (3) to submit to Congress its evaluation of the system tested under the demonstration project and recommendations as to whether that system should be continued or extended to other Federal law enforcement officers.Eliminates the limitation on the aggregate of basic pay and premium pay with respect to availability pay for Federal criminal investigators."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Durham Woods Natural Gas Pipeline Safety Act of 1995''. SEC. 2. INCREASED INSPECTION REQUIREMENTS IN HIGH-DENSITY POPULATION AREAS. (a) Instrumented Internal Inspection Devices.--Section 60102(f)(2) of title 49, United States Code, is amended by inserting ``In the case of gas pipelines, such inspection shall be required not less than once every 7 years.'' after ``60109 of this title.''. (b) Additional Inspections.--Section 60108 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(e) Additional Inspection Requirements for Gas Transmission Pipeline Facilities.--Within 2 years after the date of the enactment of this subsection, the Secretary shall prescribe regulations requiring that each owner or operator of a gas transmission pipeline facility-- ``(1) establish a program for observing from the air, or inspecting from the ground, or both, at least once every month, the surface conditions on and adjacent to the right-of-way of all of such owner or operator's gas transmission pipeline facilities identified under section 60109 of this title for indications of leaks, construction, and other circumstances affecting safety or operation; and ``(2) place line markers at suitable intervals along the rights-of-way of all of such owner or operator's gas transmission pipeline facilities identified under section 60109 of this title, unless such placement is impractical.''. SEC. 3. DAMAGE REPORTING. Section 60123(d)(2) of title 49, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: ``(B) a pipeline facility and does not report the damage promptly to the operator of the pipeline facility and other appropriate authorities; or''. SEC. 4. INCREASED PENALTIES. (a) Criminal Penalties.--Section 60123 of title 49, United States Code, is amended-- (1) in subsection (a), by striking ``5 years'' and inserting in lieu thereof ``10 years''; (2) in subsection (b), by striking ``15 years'' and inserting in lieu thereof ``30 years''; (3) in subsection (c), by striking ``one year'' and inserting in lieu thereof ``5 years''; and (4) in subsection (d), by striking ``5 years'' and inserting in lieu thereof ``10 years''. (b) Civil Penalties.--Section 60122(a) of title 49, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``or 60118(a)'' and inserting in lieu thereof ``, 60102(l), or 60118(a)''; (B) by striking ``$25,000'' and inserting in lieu thereof ``$50,000''; and (C) by striking ``$500,000'' and inserting in lieu thereof ``$1,000,000''; and (2) in paragraph (2), by striking ``$50,000'' and inserting in lieu thereof ``$100,000''. SEC. 5. PUBLIC AWARENESS. Section 60116 of title 49, United States Code, is amended-- (1) by inserting ``(a) Requirement.--'' before ``Under regulations the Secretary''; and (2) by adding at the end the following new subsection: ``(b) State Programs.--The Secretary shall, to the extent provided in advance in appropriations Acts, make grants to States for the promotion of public awareness of the dangers of excavating near pipeline facilities by advertising in the media and other means.''. SEC. 6. PIPELINE SAFETY STUDY. (a) Study.--The Secretary of Transportation shall conduct a comprehensive study on the safety of all gas transmission pipeline facilities in the State of New Jersey. Such study shall address, at a minimum-- (1) increasing population encroachment on pipeline rights- of-way; (2) environmental concerns; (3) financial pressures on the pipeline industry to control their costs; and (4) the feasibility of utilizing remotely operated or automatic shut-off valves, and their appropriate spacing. (b) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall transmit to the Congress a report containing the results of the study conducted under subsection (a). SEC. 7. RISK ASSESSMENT. (a) Assessment.--The Secretary of Transportation shall conduct an assessment of the risks to public safety and the environment posed by the transportation of gas by pipeline. Such assessment shall-- (1) rank the risks identified by the Secretary in terms of their probability of occurrence and the severity of their likely consequences, and in terms of any other factors the Secretary considers relevant; (2) identify and prioritize technically feasible and economically justified actions that should be taken to lessen the risks identified; and (3) address, at a minimum-- (A) inspection by instrumented internal inspection devices; (B) installation of state-of-the-art leak detection systems, including automatic and remotely controlled valves; (C) inspection and burial of underwater pipelines; and (D) inspection and replacement of cast iron pipelines. (b) Report to Congress.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation shall transmit to the Congress a report including the assessment required under subsection (a) and a plan for actions proposed by the Secretary to address each risk identified in the assessment. SEC. 8. MAPPING. Section 60102 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(l) Mapping of Pipeline Facilities.--(1) The owner or operator of a gas transmission or hazardous liquid pipeline facility, or a regulated gathering line, shall inform the Secretary of the specific location of such pipeline facility or gathering line. ``(2) The Secretary, using the information received under paragraph (1) and any other information available to the Secretary, shall develop a comprehensive mapping program to identify the specific location of all gas transmission and hazardous liquid pipeline facilities, and regulated gathering lines. The program shall include information on the proximity of such pipeline facilities and gathering lines to high- density population areas, environmentally sensitive areas, water intakes, and other appropriate areas or facilities. The Secretary shall establish an electronic data base for the comprehensive mapping program, and shall ensure that such data base is available to State and local governments and the public in an appropriate manner. ``(3) The Secretary shall ensure the security of the program developed under paragraph (2) against terrorism, sabotage, and other threats.''. SEC. 9. TECHNICAL SAFETY STANDARDS COMMITTEE. Section 60115(f) is amended-- (1) by striking the first 2 sentences thereof; and (2) by inserting ``of a committee under this section'' after ``A member''. SEC. 10. DEFINITIONS. Terms used in this Act shall have the same definitions given such terms in section 60101 of title 49, United States Code.", "summary": "Durham Woods Natural Gas Pipeline Safety Act of 1995 - Amends Federal pipeline safety law to instruct the Secretary of Transportation to issue regulations requiring: (1) periodic inspections of gas pipeline facilities with the use of instrumented internal inspection devices at least once every seven years in high-density population areas; and (2) transmission pipeline operators to institute a monthly inspection program for leaks and other specified hazards and line markers along pipeline rights-of-way. (Sec. 3) Declares it is a criminal offense to fail to report damage to a gas or hazardous liquid pipeline facility after knowingly and willfully engaging in excavation activities without taking specified steps to establish the location of underground facilities. (Sec. 4) Increases the civil and criminal penalties for violations of such law. (Sec. 5) Directs the Secretary to: (1) make grants to the States to promote public awareness programs regarding the dangers of excavating near gas pipelines; (2) study and report to the Congress on the safety of all gas transmission pipelines in the State of New Jersey and on an assessment of the risks to public safety and the environment posed by gas pipeline transportation; and (3) develop a comprehensive mapping program to identify the specific location of all gas and hazardous liquid transmission pipelines , and gathering lines, in the country."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Independence, Limiting Subsidies, and Accelerating Vehicle Efficiency (OILSAVE) Act''. SEC. 2. TAX CREDIT FOR FUEL-EFFICIENT MOTOR VEHICLES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by inserting after section 30C the following new section: ``SEC. 30D. FUEL-EFFICIENT MOTOR VEHICLE CREDIT. ``(a) Allowance of Credit.--There shall be allowed a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable amount for each new qualified fuel-efficient motor vehicle placed in service by the taxpayer during the taxable year. ``(b) New Qualified Fuel-Efficient Motor Vehicle.--For purposes of this section, the term `new qualified fuel-efficient motor vehicle' means a motor vehicle (as defined under section 30(c)(2))-- ``(1) which is a passenger automobile or a light truck, ``(2) which-- ``(A) in the case of a passenger automobile, achieves a fuel economy of not less than 34.5 miles per gallon, and ``(B) in the case of a light truck, achieves a fuel economy of not less than 27.5 miles per gallon, ``(3) the original use of which commences with the taxpayer, ``(4) which is acquired for use or lease by the taxpayer and not for resale, and ``(5) which is made by a manufacturer for model year 2007, 2008, 2009, 2010, or 2011. ``(c) Applicable Amount.--For purposes of this section, the applicable amount shall be determined as follows: ------------------------------------------------------------------------ In the case of a In the case passenger of a light ``If the motor vehicle achieves a fuel economy automobile, truck, the of: the applicable applicable amount is: amount is: ------------------------------------------------------------------------ 27.5 miles per gallon......................... $0 $630 28.5.......................................... 0 710 29.5.......................................... 0 780 30.5.......................................... 0 850 31.5.......................................... 0 920 32.5.......................................... 0 980 33.5.......................................... 0 1,040 34.5.......................................... 630 1.090 35.5.......................................... 700 1,140 36.5.......................................... 760 1,190 37.5.......................................... 820 1,240 38.5.......................................... 880 1,280 39.5.......................................... 940 1,320 40.5.......................................... 990 1,360 41.5.......................................... 1,040 1,400 42.5.......................................... 1,090 1,430 43.5.......................................... 1,140 1,470 44.5.......................................... 1,180 1,500 45.5.......................................... 1,220 1,530 46.5.......................................... 1,260 1,560 47.5.......................................... 1,300 1,590 48.5.......................................... 1,340 1,620 49.5.......................................... 1,370 1,640 50.5.......................................... 1,410 1,670 51.5.......................................... 1,440 1,690 52.5.......................................... 1,470 1,720 53.5.......................................... 1,500 1,740 54.5.......................................... 1,530 1,760 55.5.......................................... 1,560 1,780 56.5.......................................... 1,590 1,800 57.5.......................................... 1,610 1,820 58.5.......................................... 1,640 1,840 59.5 or more.................................. 1,660 1,860 ------------------------------------------------------------------------ ``(d) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Fuel economy.--The term `fuel economy' has the meaning given such term under section 32901(a)(10) of title 49, United States Code. ``(2) Model year.--The term `model year' has the meaning given such term under section 32901(a)(14) of such title. ``(3) Other terms.--The terms `passenger automobile', `light truck', and `manufacturer' have the meaning given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act. ``(4) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. ``(5) No double benefit.-- ``(A) Coordination with other vehicle credits.--No credit shall be allowed under subsection (a) with respect to any new qualified fuel-efficient motor vehicle for any taxable year if a credit is allowed with respect to such motor vehicle for such taxable year under section 30 or 30B. ``(B) Other tax benefits.--The amount of any deduction or credit (other than the credit allowable under this section and any credit described in subparagraph (A)) allowable under this chapter with respect to any new qualified fuel-efficient motor vehicle shall be reduced by the amount of credit allowed under subsection (a) for such motor vehicle for such taxable year. ``(6) Property used outside the united states, etc., not qualified.--No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(7) Election not to take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects not to have this section apply to such vehicle. ``(8) Interaction with air quality and motor vehicle safety standards.--Unless otherwise provided in this section, a motor vehicle shall not be considered eligible for a credit under this section unless such vehicle is in compliance with-- ``(A) the applicable provisions of the Clean Air Act for the applicable make and model year of the vehicle (or applicable air quality provisions of State law in the case of a State which has adopted such provision under a waiver under section 209(b) of the Clean Air Act), and ``(B) the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code. ``(e) Credit May Be Transferred.-- ``(1) In general.--A taxpayer may, in connection with the purchase of a new qualified fuel-efficient motor vehicle, transfer any credit allowable under subsection (a) to any person who is in the trade or business of selling new qualified fuel-efficient motor vehicles, but only if such person clearly discloses to such taxpayer, through the use of a window sticker attached to the new qualified fuel-efficient vehicle-- ``(A) the amount of any credit allowable under subsection (a) with respect to such vehicle, and ``(B) a notification that the taxpayer will not be eligible for any credit under section 30 or 30B with respect to such vehicle unless the taxpayer elects not to have this section apply with respect to such vehicle. ``(2) Consent required for revocation.--Any transfer under paragraph (1) may be revoked only with the consent of the Secretary. ``(3) Regulations.--The Secretary may prescribe such regulations as necessary to ensure that any credit described in paragraph (1) is claimed once and not retransferred by a transferee.''. (b) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30D(d)(4).''. (2) Section 6501(m) of such Code is amended by inserting ``30D(d)(7),'' after ``30C(e)(5),''. (3) The table of section for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Fuel-efficient motor vehicle credit.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. AMORTIZATION OF INTANGIBLE DRILLING AND DEVELOPMENT COSTS FOR MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Subsection (i) of section 263 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Incurred Outside the United States'' in the heading, (2) by inserting ``or owned or operated by a major integrated oil company (as defined in section 167(h)(5)(B))'' after ``United States'', and (3) by inserting ``located outside the United States'' after ``nonproductive well'' in the last sentence thereof. (b) Effective Date.--The amendments made by this section shall apply to costs paid or incurred after the date of the enactment of this Act.", "summary": "Oil Independence, Limiting Subsidies, and Accelerating Vehicle Efficiency (OILSAVE) Act - Amends the Internal Revenue Code to allow a tax credit for the purchase of a new qualified fuel-efficient motor vehicle. Defines \"new qualified fuel-efficient motor vehicle\" as a passenger automobile with a fuel economy rating of not less than 34.5 miles per gallon or a light truck with a 27.5 miles per gallon rating which are manufactured for model years 2007-2011. Denies major integrated oil companies (companies with an average daily production of crude oil of at least 500,000 barrels and gross receipts in excess of $1 billion for a taxable year) the option to expense intangible drilling and development costs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Regulatory Transparency for New Medical Therapies Act''. SEC. 2. SCHEDULING OF SUBSTANCES INCLUDED IN NEW FDA-APPROVED DRUGS. (a) Effective Date of Approval.-- (1) Effective date of drug approval.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the following: ``(x) Date of Approval in the Case of Recommended Controls Under the CSA.-- ``(1) In general.--In the case of an application under subsection (b) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act. ``(2) Date of approval.--For purposes of this section, with respect to an application described in paragraph (1), the term `date of approval' shall mean the later of-- ``(A) the date an application under subsection (b) is approved under subsection (c); or ``(B) the date of issuance of the interim final rule controlling the drug.''. (2) Effective date of approval of biological products.--Section 351 of the Public Health Service Act (42 U.S.C. 262) is amended by adding at the end the following: ``(n) Date of Approval in the Case of Recommended Controls Under the CSA.-- ``(1) In general.--In the case of an application under subsection (a) with respect to a biological product for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, approval of such application shall not take effect until the interim final rule controlling the biological product is issued in accordance with section 201(j) of the Controlled Substances Act. ``(2) Date of approval.--For purposes of this section, with respect to an application described in paragraph (1), references to the date of approval of such application, or licensure of the product subject to such application, shall mean the later of-- ``(A) the date an application is approved under subsection (a); or ``(B) the date of issuance of the interim final rule controlling the biological product.''. (3) Effective date of approval of animal drugs.-- (A) In general.--Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the following: ``(q) Date of Approval in the Case of Recommended Controls Under the CSA.-- ``(1) In general.--In the case of an application under subsection (b) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act. ``(2) Date of approval.--For purposes of this section, with respect to an application described in paragraph (1), the term `date of approval' shall mean the later of-- ``(A) the date an application under subsection (b) is approved under subsection (c); or ``(B) the date of issuance of the interim final rule controlling the drug.''. (B) Conditional approval.--Section 571(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc(d)) is amended by adding at the end the following: ``(4)(A) In the case of an application under subsection (a) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, conditional approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act. ``(B) For purposes of this section, with respect to an application described in subparagraph (A), the term `date of approval' shall mean the later of-- ``(i) the date an application under subsection (a) is conditionally approved under subsection (b); or ``(ii) the date of issuance of the interim final rule controlling the drug.''. (C) Indexing of legally marketed unapproved new animal drugs.--Section 572 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc-1) is amended by adding at the end the following: ``(k) In the case of a request under subsection (d) to add a drug to the index under subsection (a) with respect to a drug for which the Secretary provides notice to the person filing the request that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, a determination to grant the request to add such drug to the index shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act.''. (4) Date of approval for designated new animal drugs.--Section 573(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc-2(c)) is amended by adding at the end the following: ``(3) For purposes of determining the 7-year period of exclusivity under paragraph (1) for a drug for which the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, the drug shall not be considered approved or conditionally approved until the date that the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act.''. (b) Scheduling of Newly Approved Drugs.--Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by inserting after subsection (i) the following: ``(j)(1) With respect to a drug referred to in subsection (f), if the Secretary of Health and Human Services recommends that the Attorney General control the drug in schedule II, III, IV, or V pursuant to subsections (a) and (b), the Attorney General shall, not later than 90 days after the date described in paragraph (2), issue an interim final rule controlling the drug in accordance with such subsections and section 202(b) using the procedures described in paragraph (3). ``(2) The date described in this paragraph shall be the later of-- ``(A) the date on which the Attorney General receives the scientific and medical evaluation and the scheduling recommendation from the Secretary of Health and Human Services in accordance with subsection (b); or ``(B) the date on which the Attorney General receives notification from the Secretary of Health and Human Services that the Secretary has approved an application under section 505(c), 512, or 571 of the Federal Food, Drug, and Cosmetic Act or section 351(a) of the Public Health Service Act, or indexed a drug under section 572 of the Federal Food, Drug, and Cosmetic Act, with respect to the drug described in paragraph (1). ``(3) A rule issued by the Attorney General under paragraph (1) shall become immediately effective as an interim final rule without requiring the Attorney General to demonstrate good cause therefor. The interim final rule shall give interested persons the opportunity to comment and to request a hearing. After the conclusion of such proceedings, the Attorney General shall issue a final rule in accordance with the scheduling criteria of subsections (b), (c), and (d) of this section and section 202(b).''. (c) Extension of Patent Term.--Section 156 of title 35, United States Code, is amended-- (1) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, or in the case of a drug product described in subsection (i), within the sixty-day period beginning on the covered date (as defined in subsection (i))'' after ``marketing or use''; and (2) by adding at the end the following: ``(i)(1) For purposes of this section, if the Secretary of Health and Human Services provides notice to the sponsor of an application or request for approval, conditional approval, or indexing of a drug product for which the Secretary intends to recommend controls under the Controlled Substances Act, beginning on the covered date, the drug product shall be considered to-- ``(A) have been approved or indexed under the relevant provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act; and ``(B) have permission for commercial marketing or use. ``(2) In this subsection, the term `covered date' means the later of-- ``(A) the date an application is approved-- ``(i) under section 351(a)(2)(C) of the Public Health Service Act; or ``(ii) under section 505(b) or 512(c) of the Federal Food, Drug, and Cosmetic Act; ``(B) the date an application is conditionally approved under section 571(b) of the Federal Food, Drug, and Cosmetic Act; ``(C) the date a request for indexing is granted under section 572(d) of the Federal Food, Drug, and Cosmetic Act; or ``(D) the date of issuance of the interim final rule controlling the drug under section 201(j) of the Controlled Substances Act.''. SEC. 3. ENHANCING NEW DRUG DEVELOPMENT. Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(i)(1) For purposes of registration to manufacture a controlled substance under subsection (d) for use only in a clinical trial, the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with section 304(c), not later than 180 days after the date on which the application is accepted for filing. ``(2) For purposes of registration to manufacture a controlled substance under subsection (a) for use only in a clinical trial, the Attorney General shall, in accordance with the regulations issued by the Attorney General, issue a notice of application not later than 90 days after the application is accepted for filing. Not later than 90 days after the date on which the period for comment pursuant to such notice ends, the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with section 304(c), unless the Attorney General has granted a hearing on the application under section 1008(i) of the Controlled Substances Import and Export Act.''. SEC. 4. RE-EXPORTATION AMONG MEMBERS OF THE EUROPEAN ECONOMIC AREA. Section 1003 of the Controlled Substances Import and Export Act (21 U.S.C. 953) is amended-- (1) in subsection (f)-- (A) in paragraph (5)-- (i) by striking ``(5)'' and inserting ``(5)(A)''; (ii) by inserting ``, except that the controlled substance may be exported from a second country that is a member of the European Economic Area to another country that is a member of the European Economic Area, provided that the first country is also a member of the European Economic Area'' before the period at the end; and (iii) by adding at the end the following: ``(B) Subsequent to any re-exportation described in subparagraph (A), a controlled substance may continue to be exported from any country that is a member of the European Economic Area to any other such country, if-- ``(i) the conditions applicable with respect to the first country under paragraphs (1), (2), (3), (4), (6), and (7) are met by each subsequent country from which the controlled substance is exported pursuant to this paragraph; and ``(ii) the conditions applicable with respect to the second country under paragraphs (1), (2), (3), (4), (6), and (7) are met by each subsequent country to which the controlled substance is exported pursuant to this paragraph.''; and (B) in paragraph (6)-- (i) by striking ``(6)'' and inserting ``(6)(A)''; and (ii) by adding at the end the following: ``(B) In the case of re-exportation among members of the European Economic Area, within 30 days after each re-exportation, the person who exported the controlled substance from the United States delivers to the Attorney General-- ``(i) documentation certifying that such re-exportation has occurred; and ``(ii) information concerning the consignee, country, and product.''; and (2) by adding at the end the following: ``(g) Limitation.--Subject to paragraphs (5) and (6) of subsection (f) in the case of any controlled substance in schedule I or II or any narcotic drug in schedule III or IV, the Attorney General shall not promulgate nor enforce any regulation, subregulatory guidance, or enforcement policy which impedes re-exportation of any controlled substance among European Economic Area countries, including by promulgating or enforcing any requirement that-- ``(1) re-exportation from the first country to the second country or re-exportation from the second country to another country occur within a specified period of time; or ``(2) information concerning the consignee, country, and product be provided prior to exportation of the controlled substance from the United States or prior to each re-exportation among members of the European Economic Area.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the Senate on October 26, 2015. Improving Regulatory Transparency for New Medical Therapies Act (Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to delay the effective date of approval of a drug, biological product, or animal drug for which the Food and Drug Administration (FDA) recommends controls under the Controlled Substances Act until the Department of Justice (DOJ) issues a final interim rule for the drug. This delay also applies to conditional approval and indexing of animal drugs. This bill amends the Controlled Substances Act to require the DOJ to issue a final interim rule for a drug product recommended for controls by the FDA not later than 90 days after DOJ receives a recommendation for controls or the FDA approves the drug. The final interim rule is effective immediately. For purposes of submitting an application to extend a patent, a drug product recommended for controls is considered to be approved and have permission for commercial marketing and use on the date of FDA approval or the date an interim final rule is issued, whichever is later. (Sec. 3) Timelines are established for DOJ to either register an applicant to manufacture a controlled substance for a clinical trial or serve an order to show cause upon the applicant. (Sec. 4) This bill amends the Controlled Substances Import and Export Act to allow exported controlled substances to be re-exported within the European Economic Area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Chemical Facility Anti-Terrorism Security Authorization Act of 2011''. SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS. (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following new title: ``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS ``SEC. 2101. CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS. ``(a) In General.--The Secretary shall maintain, and revise as necessary, regulations to protect chemical facilities against terrorism and potential terrorist attacks. Such regulations shall include-- ``(1) risk-based performance standards for chemical facility security; ``(2) requirements for chemical facility security vulnerability assessments; and ``(3) requirements for the development and implementation of chemical facility site security plans. ``(b) Facilities Regulated.--The regulations required by subsection (a) shall apply to any chemical facility that the Secretary determines presents a high level of security risk with respect to acts of terrorism, except that the Secretary may not apply such regulations to any of the following: ``(1) Any facility owned or operated by the Department of Defense. ``(2) Any facility owned or operated by the Department of Energy. ``(3) Any facility subject to regulation by the Nuclear Regulatory Commission. ``(4) Any facility regulated under chapter 701 of title 46, United States Code. ``(5) A public water system, as such term is defined by section 1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4)). ``(6) A treatment works, as such term is defined by section 212(2) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)). ``(c) Security Measures.--The regulations required by subsection (a) shall provide that each such facility, in developing and implementing site security plans, be permitted to select layered security measures that, in combination, appropriately address the vulnerability assessment and the risk-based performance standards for security for the facility. ``(d) Review.-- ``(1) In general.--The Secretary shall review and approve or disapprove each vulnerability assessment and site security plan required under this title or by the regulations required by subsection (a). ``(2) Standards for disapproval.--The Secretary may not disapprove such a site security plan based on the presence or absence of a particular security measure, but the Secretary may disapprove such a site security plan if the plan fails to satisfy the risk-based performance standards established by the Secretary. ``(3) Deadline for notification.--Beginning after the Secretary publishes final regulations to implement this section, not later than 180 days, to the greatest extent practicable, after the date on which the Secretary receives a security vulnerability assessment or site security plan under this title, the Secretary shall review and approve or disapprove such assessment or plan and notify the covered chemical facility of such approval or disapproval. ``(4) Notification of disapproval.--If the Secretary disapproves the security vulnerability assessment or site security plan submitted by a covered chemical facility under this title or the implementation of a site security plan by such a chemical facility, the Secretary shall provide the owner or operator of the covered chemical facility a written notification of the disapproval not later than 14 days after the date on which the Secretary disapproves such assessment or plan, that-- ``(A) includes a clear explanation of deficiencies in the assessment, plan, or implementation of the plan; and ``(B) requires the owner or operator of the covered chemical facility to revise the assessment or plan to address any deficiencies and, by such date as the Secretary determines is appropriate, to submit to the Secretary the revised assessment or plan. ``(5) Reporting.--The Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate, on an annual basis, information on the number of instances during the year covered by the report where the Secretary determined that the 180 day notification requirement under paragraph (3) was impracticable. ``(e) Alternative Security Programs.--The Secretary may approve any alternative security program established by a private sector entity or Federal, State, or local authority, or under another applicable law, if the Secretary determines that the requirements of such program meets the requirements of this title and any regulations issued or maintained pursuant to this title. ``(f) Security Background Checks.--In any personnel surety regulation issued by the Secretary pursuant to subsection (a), the Secretary shall include provisions on how an owner or operator of a covered chemical facility can meet, in whole or in part, the requirements set forth in such regulations by submitting-- ``(1) information on an employee or individual holding a valid transportation security card issued under section 70105 of title 46, United States Code; ``(2) an alternate security background check conducted by a private sector entity, including the owner and operator of a covered chemical facility and a non-profit personnel surety accrediting organization; and ``(3) an alternate security background check conducted under another applicable law. ``(g) Technical Assistance to Small Businesses.--The Secretary shall provide technical assistance to any owner or operator of a covered chemical facility who requests such assistance to prepare a security vulnerability assessment or site security plan required under this title or by the regulations required by subsection (a), if the covered chemical facility is a small business concern, under the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). ``SEC. 2102. INFORMATION PROTECTION. ``(a) In General.--Notwithstanding any other provision of law, information developed pursuant to this title, or pursuant to the regulations required by section 2101(a), including vulnerability assessments, site security plans, and other security related information, records, and documents shall be given protections from public disclosure consistent with similar information developed by chemical facilities subject to regulation under section 70103 of title 46, United States Code. ``(b) Sharing of Information.-- ``(1) State and local governments.--This section does not prohibit the sharing of such information, as the Secretary determines appropriate, with State and local government officials possessing the appropriate security clearances, including emergency response providers, for the purpose of carrying out this title, as long as such information may not be disclosed pursuant to any State or local law. ``(2) Congress.--Nothing in this title shall permit or authorize the withholding of information from Congress or any committee or subcommittee thereof. ``(c) Administrative and Judicial Proceedings.--In any proceeding to enforce this title, vulnerability assessments, site security plans, and other information submitted to or obtained by the Secretary under this title, and related vulnerability or security information, shall be treated as if the information were classified material. ``SEC. 2103. ENFORCEMENT. ``(a) In General.--The Secretary shall audit and inspect chemical facilities subject to regulation under this title for the purposes of determining compliance with this title and the regulations required by section 2101(a). ``(b) Orders for Compliance.--If the Secretary determines that a chemical facility is not in compliance with this title or the regulations required by section 2101(a), the Secretary shall provide the owner or operator of the facility with written notification (including a clear explanation of deficiencies in the vulnerability assessment and site security plan) and an opportunity for consultation, and issue an order to comply by such date as the Secretary determines to be appropriate under the circumstances. ``(c) Civil Penalties.--Any person who violates an order issued under this title shall be liable for a civil penalty under section 70119(a) of title 46, United States Code. ``(d) Order To Cease Operation.--If the owner or operator of a chemical facility subject to regulation under this title continues to be in noncompliance, the Secretary may issue an order for the facility to cease operation until the owner or operator complies with the order. ``(e) Exception.--Nothing in this title confers upon any person except the Secretary a right of action against an owner or operator of a chemical facility to enforce any provision of this title. ``SEC. 2104. JOBS IMPACT. ``Not later than one year after the date of the enactment of this title, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that, at a minimum, includes-- ``(1) an estimate of the potential jobs created or lost within the private sector as a result of the regulations required under section 2101 of this title; and ``(2) information on feedback received from owners and operators of covered chemical facilities about how the regulations required under section 2101 of this title could be revised to spur potential job creation or stem job losses. ``SEC. 2105. SCOPE. ``Nothing in this title shall be construed to supersede, amend, alter, or affect any Federal law that regulates the manufacture, distribution in commerce, use, sale, other treatment, or disposal of chemical substances or mixtures. ``SEC. 2106. PREEMPTION. ``This title shall not preclude or deny any right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with respect to chemical facility security that is more stringent than a regulation, requirement, or standard of performance required under this title, or otherwise impair any right or jurisdiction of any State with respect to chemical facilities within that State, unless there is an actual conflict between this title and the law of that State. ``SEC. 2107. TERMINATION. ``The authority provided by this title shall terminate on September 30, 2018. ``SEC. 2108. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Secretary to carry out this title $89,928,000 for each of fiscal years 2012 through 2018.''. (b) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following new items: ``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS ``Sec. 2101. Chemical facility anti-terrorism security regulations. ``Sec. 2102. Information protection. ``Sec. 2103. Enforcement. ``Sec. 2104. Jobs Impact. ``Sec. 2105. Scope. ``Sec. 2106. Preemption. ``Sec. 2107. Termination. ``Sec. 2108. Authorization of appropriations.''. SEC. 3. CONFORMING REPEAL. (a) Repeal.--The Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295) is amended by striking section 550. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 4. HARMONIZATION. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the extent to which the security requirements under title XXI of the Homeland Security Act of 2002, as added by this Act, have been harmonized with the security requirements for facilities regulated under chapter 701 of title 46, United States Code.", "summary": "Chemical Facility Anti-Terrorism Security Authorization Act of 2011 - Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security (DHS) to maintain regulations to protect chemical facilities against terrorism, which shall include: (1) risk-based performance standards for facility security, (2) requirements for facility security vulnerability assessments, and (3) requirements for the development and implementation of facility site security plans. Applies such regulations to any chemical facility that the Secretary determines presents a high level of security risk with respect to acts of terrorism, with the exception of Department of Defense (DOD) and Department of Energy (DOE) facilities, facilities regulated by the Nuclear Regulatory Commission (NRC), port security facilities, public water systems, and treatment works. Requires such regulations to provide that each facility be permitted to select layered security measures that, in combination, appropriately address the vulnerability assessment and risk-based performance standards. Directs the Secretary to approve or disapprove each assessment and site security plan. Prohibits the Secretary from disapproving such a plan based on the presence or absence of a particular security measure, but allows the Secretary to disapprove a plan that fails to satisfy performance standards. Requires the Secretary to: (1) approve or disapprove a security vulnerability assessment or site security plan after publishing final regulations and no later than 180 days after receipt, and (2) provide to a facility owner or operator no later than 14 days after such disapproval written notification that includes a clear explanation of deficiencies and that requires the owner or operator to make revisions to address deficiencies by an appropriate date. Authorizes the Secretary to approve an alterative security program established by a private sector entity or federal, state, or local authority, or established under another applicable law, if the Secretary determines that the requirements of such program meet the requirements of this Act. Requires the Secretary to include in any personnel surety regulation issued pursuant to this Act provisions on how a facility owner or operator can meet regulation requirements by submitting: (1) information on an employee or individual holding a valid transportation security card, (2) an alternate security background check conducted by a private sector entity, and (3) an alternate security background check conducted under another applicable law. Directs the Secretary to provide, upon request, to any owner or operator of a covered chemical facility that is a small business concern technical assistance to prepare a security vulnerability assessment or site security plan. Requires information developed pursuant to this Act to be protected from public disclosure but permits information sharing with state and local government officials under specified circumstances. Directs the Secretary to audit and inspect chemical facilities and order compliance with such regulations. Imposes civil penalties for violations. Authorizes the Secretary to issue an order for a facility not in compliance to cease operations. Requires the Secretary to report annually on: (1) an estimate of the potential jobs created or lost within the private sector as a result of the regulations required under this Act, and (2) information on feedback from facility owners and operators about how the regulations could be revised to spur potential job creation or stem job losses. Terminates this Act on September 30, 2018. Authorizes appropriations for FY2012-FY2018. (Sec. 3) Repeals similar provisions of the Department of Homeland Security Appropriations Act, 2007. (Sec. 4) Directs the Secretary to report on the extent to which the security requirements added by this Act have been harmonized with security requirements for facilities regulated under existing port security provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Fairness Act of 1996''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. (a) In General.--Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made'', and by striking ``1984'' in clause (i) and inserting ``1989''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraph (F) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979............................... 55 percent 1980............................... 45 percent 1981............................... 35 percent 1982............................... 32 percent 1983............................... 25 percent 1984............................... 20 percent 1985............................... 16 percent 1986............................... 10 percent 1987............................... 3 percent 1988............................... 5 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph.''. (b) Effective Date and Related Rules.-- (1) Applicability of amendments.-- (A) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Prospective applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before April 1996. (2) Recomputation to reflect benefit increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for March 1995, if such benefits are based on a primary insurance amount computed-- (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. SEC. 3. ENTITLEMENT OF STEPCHILDREN TO CHILD'S INSURANCE BENEFITS BASED ON ACTUAL DEPENDENCY ON STEPPARENT SUPPORT. (a) Requirement of Actual Dependency for Future Entitlements.-- (1) In general.--Section 202(d)(4) of the Social Security Act (42 U.S.C. 402(d)(4)) is amended by striking ``was living with or''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to benefits of individuals who become entitled to such benefits for months after the third month following the month in which this Act is enacted. (b) Termination of Child's Insurance Benefits Based on Work Record of Stepparent Upon Natural Parent's Divorce From Stepparent.-- (1) In general.--Section 202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended-- (A) by striking ``or'' at the end of clause (F); (B) by striking the period at the end of clause (G) and inserting ``; or''; and (C) by inserting after clause (G) the following new clause: ``(H) if the benefits under this subsection are based on the wages and self-employment income of a stepparent who is subsequently divorced from such child's natural parent, the sixth month after the month in which the Commissioner of Social Security receives formal notification of such divorce.''. (2) Effective date.--The amendments made by this subsection shall apply with respect to notifications of divorces received by the Commissioner of Social Security on or after the date of the enactment of this Act. SEC. 4. DENIAL OF DISABILITY BENEFITS TO DRUG ADDICTS AND ALCOHOLICS. (a) Amendments Relating to Title II Disability Benefits.-- (1) In general.--Section 223(d)(2) of the Social Security Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the following: ``(C) An individual shall not be considered to be disabled for purposes of this title if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner's determination that the individual is disabled.''. (2) Representative payee requirements.-- (A) Section 205(j)(1)(B) of such Act (42 U.S.C. 405(j)(1)(B)) is amended to read as follows: ``(B) In the case of an individual entitled to benefits based on disability, the payment of such benefits shall be made to a representative payee if the Commissioner of Social Security determines that such payment would serve the interest of the individual because the individual also has an alcoholism or drug addiction condition (as determined by the Commissioner) that prevents the individual from managing such benefits.''. (B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C. 405(j)(2)(C)(v)) is amended by striking ``entitled to benefits'' and all that follows through ``under a disability'' and inserting ``described in paragraph (1)(B)''. (C) Section 205(j)(2)(D)(ii)(II) of such Act (42 U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all that follows ``15 years, or'' and inserting ``described in paragraph (1)(B).''. (D) Section 205(j)(4)(A)(ii)(II) (42 U.S.C. 405(j)(4)(A)(ii)(II)) is amended by striking ``entitled to benefits'' and all that follows through ``under a disability'' and inserting ``described in paragraph (1)(B)''. (3) Treatment referrals for individuals with an alcoholism or drug addiction condition.--Section 222 of such Act (42 U.S.C. 422) is amended by adding at the end the following new subsection: ``Treatment Referrals for Individuals with an Alcoholism or Drug Addiction Condition ``(e) In the case of any individual whose benefits under this title are paid to a representative payee pursuant to section 205(j)(1)(B), the Commissioner of Social Security shall refer such individual to the appropriate State agency administering the State plan for substance abuse treatment services approved under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).''. (4) Conforming amendment.--Subsection (c) of section 225 of such Act (42 U.S.C. 425(c)) is repealed. (5) Effective dates.-- (A) The amendments made by paragraphs (1) and (4) shall apply with respect to monthly insurance benefits under title II of the Social Security Act based on disability for months beginning after the date of the enactment of this Act, except that, in the case of individuals who are entitled to such benefits for the month in which this Act is enacted, such amendments shall apply only with respect to such benefits for months beginning on or after January 1, 1997. (B) The amendments made by paragraphs (2) and (3) shall apply with respect to benefits for which applications are filed on or after the date of the enactment of this Act. (C) If an individual who is entitled to monthly insurance benefits under title II of the Social Security Act based on disability for the month in which this Act is enacted and whose entitlement to such benefits would terminate by reason of the amendments made by this subsection reapplies for benefits under title II of such Act (as amended by this Act) based on disability within 120 days after the date of the enactment of this Act, the Commissioner of Social Security shall, not later than January 1, 1997, complete the entitlement redetermination with respect to such individual pursuant to the procedures of such title. (b) Amendments Relating to SSI Benefits.-- (1) In general.--Section 1614(a)(3) of the Social Security Act (42 U.S.C. 1382c(a)(3)) is amended by adding at the end the following: ``(I) Notwithstanding subparagraph (A), an individual shall not be considered to be disabled for purposes of this title if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner's determination that the individual is disabled.''. (2) Representative payee requirements.-- (A) Section 1631(a)(2)(A)(ii)(II) of such Act (42 U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as follows: ``(II) In the case of an individual eligible for benefits under this title by reason of disability, the payment of such benefits shall be made to a representative payee if the Commissioner of Social Security determines that such payment would serve the interest of the individual because the individual also has an alcoholism or drug addiction condition (as determined by the Commissioner) that prevents the individual from managing such benefits.''. (B) Section 1631(a)(2)(B)(vii) of such Act (42 U.S.C. 1383(a)(2)(B)(vii)) is amended by striking ``eligible for benefits'' and all that follows through ``is disabled'' and inserting ``described in subparagraph (A)(ii)(II)''. (C) Section 1631(a)(2)(B)(ix)(II) of such Act (42 U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking all that follows ``15 years, or'' and inserting ``described in subparagraph (A)(ii)(II).''. (D) Section 1631(a)(2)(D)(i)(II) of such Act (42 U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking ``eligible for benefits'' and all that follows through ``is disabled'' and inserting ``described in subparagraph (A)(ii)(II)''. (3) Treatment services for individuals with a substance abuse condition.--Title XVI of such Act (42 U.S.C. 1381 et seq.) is amended by adding at the end the following new section: ``treatment services for individuals with a substance abuse condition ``Sec. 1636. In the case of any individual whose benefits under this title are paid to a representative payee pursuant to section 1631(a)(2)(A)(ii)(II), the Commissioner of Social Security shall refer such individual to the appropriate State agency administering the State plan for substance abuse treatment services approved under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).''. (4) Conforming amendments.-- (A) Section 1611(e) of such Act (42 U.S.C. 1382(e)) is amended by striking paragraph (3). (B) Section 1634 of such Act (42 U.S.C. 1383c) is amended by striking subsection (e). (5) Effective dates.-- (A) The amendments made by paragraphs (1) and (4) shall apply with respect to supplemental security income benefits under title XVI of the Social Security Act based on disability for months beginning after the date of the enactment of this Act, except that, in the case of individuals who are eligible for such benefits for the month in which this Act is enacted, such amendments shall apply only with respect to such benefits for months beginning on or after January 1, 1997. (B) The amendments made by paragraphs (2) and (3) shall apply with respect to supplemental security income benefits under title XVI of the Social Security Act for which applications are filed on or after the date of the enactment of this Act. (C) If an individual who is eligible for supplemental security income benefits under title XVI of the Social Security Act for the month in which this Act is enacted and whose eligibility for such benefits would terminate by reason of the amendments made by this subsection reapplies for supplemental security income benefits under title XVI of such Act (as amended by this Act) within 120 days after the date of the enactment of this Act, the Commissioner of Social Security shall, not later than January 1, 1997, complete the eligibility redetermination with respect to such individual pursuant to the procedures of such title. (D) For purposes of this paragraph, the phrase ``supplemental security income benefits under title XVI of the Social Security Act'' includes supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act and payments pursuant to an agreement entered into under section 212(b) of Public Law 93-66. (c) Conforming Amendment.--Section 201(c) of the Social Security Independence and Program Improvements Act of 1994 (42 U.S.C. 425 note) is repealed. (d) Supplemental Funding for Alcohol and Substance Abuse Treatment Programs.-- (1) In general.--Out of any money in the Treasury not otherwise appropriated, there are hereby appropriated to supplement State and Tribal programs funded under section 1933 of the Public Health Service Act (42 U.S.C. 300x-33), $100,000,000 for each of the fiscal years 1997 and 1998. (2) Additional funds.--Amounts appropriated under paragraph (1) shall be in addition to any funds otherwise appropriated for allotments under section 1933 of the Public Health Service Act (42 U.S.C. 300x-33) and shall be allocated pursuant to such section 1933. (3) Use of funds.--A State or Tribal government receiving an allotment under this subsection shall consider as priorities, for purposes of expending funds allotted under this subsection, activities relating to the treatment of the abuse of alcohol and other drugs. HR 2930 IH----2", "summary": "Notch Fairness Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Requires actual dependency of a stepchild in order to receive a child's insurance benefit under OASDI. Repeals the benefit eligibility of a stepchild living with the stepparent but not dependent on the stepparent for at least half of his or her support. Terminates a child's insurance benefit based upon the work income of a stepparent six months after the month in which the Commissioner of Social Security receives formal notification of the divorce of such stepparent from the natural parent of the child. Prohibits payment of OASDI disability benefits if alcoholism or drug addiction would be a contributing factor material to the Commissioner's determination that such individual is disabled. Requires the payment of disability benefits to a representative payee if the Commissioner determines that a disabled individual also has an alcoholism or drug addition condition that prevents the individual from managing such benefits. Directs the Commissioner to refer an individual with such a condition to the appropriate State agency administering the plan for substance abuse treatment services under the Public Health Service Act. Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to make the same requirements with respect to SSI beneficiaries. Appropriates funds for FY 1997 and 1998 for supplemental funding of State and tribal alcohol and substance abuse treatment programs under the Public Health Service Act. Requires State or tribal governments receiving such funds to consider as a priority in their expenditure those activities relating to the treatment of the abuse of alcohol and other drugs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Certification Program Act of 2014''. SEC. 2. VOLUNTARY CERTIFICATION PROGRAMS FOR AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS. Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C. 6296(b)) is amended by adding at the end the following: ``(6) Voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products.-- ``(A) Definition of basic model group.--In this paragraph, the term `basic model group' means a set of models-- ``(i) that share characteristics that allow the performance of 1 model to be generally representative of the performance of other models within the group; and ``(ii) in which the group of products does not necessarily have to share discrete performance. ``(B) Reliance on voluntary certification programs.--For the purpose of testing to verify the performance rating of, or receiving test reports from manufacturers certifying compliance with energy conservation standards and Energy Star specifications established under sections 324A, 325, and 342, the covered products described in paragraphs (3), (4), (5), (9), and (11) of section 322(a) and covered equipment described in subparagraphs (B), (C), (D), (F), (I), (J), and (K) of section 340(1), the Secretary and Administrator shall rely on voluntary certification programs that-- ``(i) are nationally recognized; ``(ii) maintain a publicly available list of all certified products and equipment; ``(iii) as determined by the Secretary, annually test not less than 10 percent and not more than 30 percent of the basic model group of a program participant; ``(iv) require the changing of the performance rating or removal of the product or equipment from the program, if verification testing determines that the performance rating does not meet the levels the manufacturer has certified to the Secretary; ``(v) require the qualification of new participants in the program through testing and production of test reports; ``(vi) allow for challenge testing of products and equipment within the scope of the program; ``(vii) require program participants to certify the performance rating of all covered products and equipment within the scope of the program; ``(viii) are conducted by a certification body that is accredited under International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Standard 17065; ``(ix) provide to the Secretary-- ``(I) an annual report of all test results; ``(II) prompt notification when program testing results in-- ``(aa) the rerating of the performance rating of a product or equipment; or ``(bb) the delisting of a product or equipment; and ``(III) test reports, on the request of the Secretary or the Administrator, for Energy Star compliant products, which shall be treated as confidential business information as provided for under section 552(b)(4) of title 5, United States Code (commonly known as the `Freedom of Information Act'); ``(x) use verification testing that-- ``(I) is conducted by an independent test laboratory that is accredited under International Organization for Standardization/ International Electrotechnical Commission (ISO/IEC) Standard 17025 with a scope covering the tested products or equipment; ``(II) follows the test procedures established under this title; and ``(III) notes in each test report any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing; and ``(xi) satisfy such other requirements as the Secretary has determined-- ``(I) are essential to ensure standards compliance; or ``(II) have consensus support achieved through a negotiated rulemaking process. ``(C) Administration.-- ``(i) In general.--The Secretary shall not require-- ``(I) manufacturers to participate in a voluntary certification program described in subparagraph (B); or ``(II) participating manufacturers to provide information that can be obtained through a voluntary certification program described in subparagraph (B). ``(ii) List of covered products.--The Secretary or the Administrator may maintain a publicly available list of covered products and equipment certified under a program described in subparagraph (B) that distinguishes between-- ``(I) covered products and equipment verified by the program; and ``(II) products not verified by the program. ``(iii) Reduction of requirements.--Any rules promulgated by the Secretary that require testing of products or equipment for certification of performance ratings shall on average reduce requirements and burdens for manufacturers participating in a voluntary certification program described in subparagraph (B) for the products or equipment relative to other manufacturers. ``(iv) Periodic testing by program nonparticipants.--In addition to certification requirements, the Secretary shall require a manufacturer that does not participate in a voluntary certification program described in subparagraph (B)-- ``(I) to verify the accuracy of the performance rating of the product or equipment through periodic testing using the testing methods described in clause (iii) or (x) of subparagraph (B); and ``(II) to provide to the Secretary test results and, on request, test reports verifying the certified performance for each basic model group of the manufacturer. ``(v) Restrictions on test laboratories.-- ``(I) In general.--Subject to subclause (II), with respect to covered products and equipment, a voluntary certification program described in subparagraph (B) shall not be a test laboratory that conducts the testing on products or equipment within the scope of the program. ``(II) Limitation.--Subclause (I) shall not apply to Energy Star specifications established under section 324A. ``(vi) Effect on other authority.--Nothing in this paragraph limits the authority of the Secretary or the Administrator to test products or equipment or to enforce compliance with any law (including regulations).''.", "summary": "Voluntary Certification Program Act of 2014 - Amends the Energy Policy and Conservation Act to require the Secretary of Energy and the Administrator of the Environmental Protection Agency (EPA) to rely on voluntary programs for certifying manufacturer compliance with energy conservation performance standards for air conditioning, furnace, boiler, heat pump, and water heater products. Sets forth required characteristics of such certification programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Housing Preservation and Revitalization Act of 2009''. SEC. 2. AFFORDABLE HOUSING PRESERVATION AND REVITALIZATION PROGRAM. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following: ``(ff) Affordable Housing Preservation and Revitalization Program.-- ``(1) In general.--The Secretary of Housing and Urban Development shall ensure that funds in the residual receipts account of an eligible multifamily housing property are transferred, at the time of a qualified sale or exchange, to a preservation entity. ``(2) Purpose.--The purpose of this subsection is to facilitate the transfer of multifamily housing projects with expiring housing assistance payments contracts to preservation entities that are committed to maintaining the affordability and preservation of such projects by allowing expanded access to existing residual receipts to assist with the acquisition and rehabilitation of the project. ``(3) Use of funds.--A preservation entity that acquires an eligible multifamily housing property through a qualified sale shall, subject to the approval of the housing agency, use the funds in the residual receipts account transferred to it, or for its benefit-- ``(A) to pay for rehabilitation costs approved by the housing agency; ``(B) to deposit funds into the replacement reserve account of the property; ``(C) to pay for social and other services that directly benefit the tenants of such property, but in any 1 year such payments may not exceed 10 percent of the balance of the residual receipts account of the property at the end of the prior fiscal year; ``(D) to pay for costs associated with the acquisition of the property, but such payments may not exceed 50 percent of the amount in the residual receipts account of the property at the time of acquisition; and ``(E) to pay for any other costs that have been approved by the housing agency and will directly benefit the tenants of the property. ``(4) Definitions.--In this subsection, the following definitions shall apply: ``(A) Affordability and use restrictions.--The term `affordability and use restrictions' means the affordability and use restrictions in connection with project-based housing assistance payments made under this section. ``(B) Extended use period.--The term `extended use period' means the later of-- ``(i) 30 years after the close of the sale of an eligible multifamily housing property to a preservation entity, or ``(ii) upon the expiration of the remaining useful life of the eligible multifamily property taking into account any rehabilitation undertaken in connection with the acquisition of said property by the preservation entity, as such remaining useful life is determined by the housing agency, provided that, such extended use period shall terminate in the event that the Secretary of Housing and Urban Development is unable to provide Section 8 assistance on terms at least as advantageous to the preservation entity as exist at the time of the acquisition of such eligible multifamily housing property. ``(C) Eligible multifamily housing property.--The term `eligible multifamily housing property' means a project that-- ``(i) is receiving project-based housing assistance payments under this section; and ``(ii) was financed pursuant to part 883 of title 24, Code of Federal Regulations, on or after February 29, 1980. ``(D) Housing agency.--The term `housing agency' means, with respect to any eligible multifamily housing property, the housing agency which administers housing assistance with respect to such property. ``(E) Preservation entity.--The term `preservation entity' means an entity-- ``(i) that is-- ``(I) a nonprofit corporation under State law that is exempt from Federal income taxation pursuant to paragraph (3) or (4) of section 501(c) of the Internal Revenue Code of 1986; or ``(II) a limited partnership or limited liability company where the sole general partner or sole managing member of such ownership entity is a nonprofit corporation under State law which is exempt from Federal income taxation pursuant to paragraphs (3) or (4) of section 501(c) of the Internal Revenue Code of 1986; and ``(ii) approved by the housing agency that has the capacity to acquire and preserve an eligible multifamily housing property. ``(F) Qualified sale.-- ``(i) In general.--The term `qualified sale' means the sale of an eligible multifamily housing property to a preservation entity which agrees to maintain affordability and use restrictions regarding the property that are-- ``(I) for a term of not less than the extended use period; and ``(II) legally enforceable. ``(ii) Future applicability of restrictions.--The restrictions under subparagraph (A) shall be-- ``(I) binding on all successors and assigns of the preservation entity; and ``(II) recorded as a restrictive covenant on the property pursuant to State law. ``(G) Residual receipts.--The term `residual receipts' means-- ``(i) funds generated by a property in excess of the amount needed for operating expenses, operating reserve requirements, and allowable distributions to project owners; and ``(ii) includes any other funds that the Secretary, in his or her discretion, designates as residual receipts. ``(5) Residual receipts not treated as federal funds.--For the purposes of section 42 of the Internal Revenue Code of 1986, residual receipts used or transferred under this section shall not be considered Federal funds.''.", "summary": "Affordable Housing Preservation and Revitalization Act of 2009 - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development (HUD) to ensure that funds in the residual receipts account of an eligible multifamily housing property are transferred, at the time of a qualified sale or exchange, to preservation entities. Requires that funds in the residual receipts account be used, subject to housing agency approval, to: (1) pay for rehabilitation costs approved by the housing agency; (2) deposit funds into the property's replacement reserve account; and (3) pay for social and other services, associated acquisition costs, and any other costs that have been approved by the housing agency and will directly benefit such tenants. Defines \"preservation entity\" as: (1) a nonprofit tax-exempt corporation; or (2) a limited partnership or limited liability company where the sole general partner or sole managing member of such ownership entity is a nonprofit tax-exempt corporation; and (3) that has the capacity to acquire and preserve an eligible multifamily housing property. States that, for purposes of the low-income housing credit under the Internal Revenue Code, residual receipts used or transferred under this Act shall not be considered federal funds."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Access for Small Businesses Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) For most of the past 16 years, the number of Americans without health insurance has been on the rise, reaching more than 41,000,000 in 2002. (2) People without health insurance are less likely to get preventive care and often delay or forgo needed care. They are therefore more likely than those with health insurance to be hospitalized for conditions that could have been avoided. (3) Not only are the health and financial circumstances of uninsured Americans adversely affected by the lack of health insurance, their care is ultimately being paid for in the least efficient manner: after they get sick. (4) People who were uninsured during any part of 2001 received $99,000,000,000 in care, of which $34,500,000,000 was not paid for either out of pocket or by a private or public insurance source. Federal, State, and local governments covered 85 percent of such uncompensated care, amounting to $30,000,000,000. (5) Private health insurance enrollees also help pay for uncompensated care through higher premiums. (6) Covering more Americans will not only contribute to better overall health, it will lower the amount of health care costs assumed by taxpayers, businesses, and consumers. (7) Helping small businesses gain access to affordable health care benefits is essential to insuring more Americans. (8) Eighty-two percent of uninsured people are part of working families. (9) More than \\1/2\\ of small businesses with less than 50 employees do not offer their employees health insurance. (10) Innovative community-based solutions have developed and should serve as a model for insuring more Americans. SEC. 3. THREE-SHARE PROGRAMS. The Social Security Act (42 U.S.C. 301 et seq.) is amended by adding at the end the following: ``TITLE XXII--PROVIDING FOR THE UNINSURED ``SEC. 2201. THREE-SHARE PROGRAMS. ``(a) Certification.-- ``(1) In general.--The Secretary, acting through the Administrator, shall promulgate regulations for the certification of three-share programs for purposes of section 36 of the Internal Revenue Code. ``(2) Three-share program requirements.-- ``(A) In general.--The Administrator shall require, for purposes of a certification under regulations under paragraph (1) that each three-share program shall-- ``(i) be either a non-profit or local governmental entity; ``(ii) define a region in which such program will provide services; ``(iii) have the capacity to carry out administrative functions of managing health plans, including monthly billings, verification/enrollment of eligible employers and employees, maintenance of membership rosters, development of member materials (such as handbooks and identification cards), customer service, and claims processing; and ``(iv) have community involvement, as determined by the Administrator. ``(B) Payment.--To obtain the certification described in paragraph (1), a three-share program shall pay the costs of services provided under subparagraph (A)(ii) by charging a monthly premium for each covered individual to be divided as follows: ``(i) Not more than thirty percent of such fee shall be paid by a qualified employee desiring coverage under the three-share program. ``(ii) At least seventy percent of such fee shall be paid by the qualified employer of such a qualified employee. ``(3) Coverage.-- ``(A) In general.--To obtain the certification described in paragraph (1) a 3-share program shall provide at least the following benefits: ``(i) Physicians services. ``(ii) In-patient hospital services. ``(iii) Out-patient services. ``(iv) Emergency room visits. ``(v) Emergency ambulance services. ``(vi) Diagnostic lab fees and x-rays. ``(vii) Prescription drug benefits. ``(B) Limitation.--Nothing in subparagraph (A) shall be construed to require that a three-share program provide coverage for services performed outside the region described in paragraph (2)(A)(i). ``(C) Preexisting conditions.--A program described in subparagraph (A) shall not be eligible for certification under paragraph (1) if any individual can be excluded from coverage under such program because of a preexisting health condition. ``(b) Startup Grants for Three-Share Programs.-- ``(1) Establishment.--The Administrator may award startup grants to eligible entities to establish three-share programs for certification under subsection (a). ``(2) Three-share program plan.--Each entity desiring a grant under this subsection shall develop a plan for the establishment and operation of a three-share program that meets the requirements of paragraphs (2) and (3) of subsection (a). ``(3) Application.--Each entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner and containing such information as the Administrator may require, including-- ``(A) the three-share program plan described in paragraph (2); and ``(B) an assurance that the eligible entity will-- ``(i) determine a benefit package; ``(ii) recruit businesses and employees for the three-share program; ``(iii) build and manage a network of health providers or contract with an existing network or licensed insurance provider; and ``(iv) manage all administrative needs. ``(4) Number of grants.--An eligible entity may receive only 1 grant under this subsection for each three-share program and may not receive a grant for such program under both this subsection and subsection (c). ``(c) Grants for Existing Three-Share Programs To Meet Certification Requirements.-- ``(1) In general.--The Administrator may award grants to three-share programs that are operating on the date of enactment of this section, to assist such programs in meeting the certification requirements of subsection (a). ``(2) Number of grants.--An eligible entity may receive only 1 grant under this subsection for a three-share program and may not receive a grant for such program under both this subsection and subsection (b). ``(3) Application.--Each eligible entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. ``(d) Risk Pool Grants.-- ``(1) In general.--The Administrator may award grants to eligible entities administering certified three-share programs to enhance the risk pools of such programs. ``(2) Number of grants.--An eligible entity administering a three-share program described in paragraph (1) may receive only 1 grant under this subsection for such three-share program. ``(3) Application.--Each eligible entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. ``(e) Application of State Laws.--Nothing in this Act shall be construed to preempt State law. ``(f) Distressed Business Formula.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Administrator of the Health Resources and Services Administration shall develop a formula to determine which businesses qualify as distressed businesses for purposes of this Act. ``(2) Effect on insurance market.--Granting eligibility to a distressed business using the formula under paragraph (1) shall not interfere with the insurance market. Any business found to have reduced benefits to qualify as a distressed business under the formula under paragraph (1) shall not be eligible for any three-share program certified pursuant to this section. ``(g) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Health Resources and Services Administration. ``(2) Covered individual.--The term `covered individual' means-- ``(A) a qualified employee; or ``(B) a child under the age of 23 or a spouse of such qualified employee who-- ``(i) lacks access to health care coverage through their employment or employer; ``(ii) lacks access to health coverage through a family member; ``(iii) is not eligible for coverage under the medicare program under title XVIII or the medicaid program under title XIX; and ``(iv) does not qualify for benefits under the State Children's Health Insurance Program under title XXI. ``(3) Distressed business.--The term `distressed business' means a business that-- ``(A) in light of economic hardship and rising health care premiums may be forced to discontinue or scale back its health care coverage; and ``(B) qualifies as a distressed business according to the formula under subsection (f). ``(4) Eligible entity.--The term `eligible entity' means an entity that meets the requirements of subsection (a)(2)(A). ``(5) Full time.--The term `full time', for purposes of employment, means regularly working at least 35 hours per week. ``(6) Qualified employee.--The term `qualified employee' means any individual employed by a qualified employer who meets certain criteria including-- ``(A) working full time; ``(B) lacking access to health coverage through a family member or common law partner; ``(C) not being eligible for coverage under the medicare program under title XVIII or the medicaid program under title XIX; and ``(D) agreeing that the share of fees described in subsection (a)(2)(B)(i) shall be paid in the form of payroll deductions from the wages of such individual. ``(7) Qualified employer.--The term `qualified employer' means an employer as defined in section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) who-- ``(A) is a small business concern as defined in section 3(a) of the Small Business Act (15 U.S.C. 632); ``(B) is located in the region described in subsection (a)(2)(A)(i); and ``(C) has not contributed to the health care benefits of its employees for at least 12 months consecutively or currently provides insurance but is classified as a distressed business. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2004 and such sums as may be necessary for each subsequent fiscal year.''. SEC. 4. REFUNDABLE CREDIT FOR PORTION OF EMPLOYER COSTS OF THREE-SHARE PROGRAM. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``SEC. 36. EMPLOYER COSTS OF THREE-SHARE PROGRAM. ``(a) In General.--In the case of an eligible employer, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 40 percent of the costs of a three-share program resulting from the participation of the taxpayer in such program during the taxable year. ``(b) Eligible Employer.--For purposes of this section, the term `eligible employer' means any employer which pays or incurs at least 70 percent of the costs of a three-share program resulting from the participation of the taxpayer in such program during the taxable year. ``(c) Three-Share Program.--For purposes of this section, the term `three-share program' means an employee health care coverage program approved for participation by an eligible employer pursuant to title XXII of the Social Security Act. ``(d) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to costs of a three-share program taken into account under subsection (a). ``(e) Advanced Refundability.--The Secretary shall provide for the advanced refundability of the credit allowed under this section to be made in quarterly payments to taxpayers providing such information as the Secretary requires in order to make a proper determination of such payments. ``(f) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Employer costs of three-share program. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Health Care Access for Small Business Act of 2003 - Amends the Social Security Act to add a new title XXII (Providing for the Uninsured) to direct the Secretary of Health and Human Services to promulgate regulations for the certification of three-share programs for purposes of offering a refundable tax credit to small businesses who participate in such programs where: (1) not more than 30 percent of the cost of the monthly premium for health coverage (including prescription drug benefits) is paid by the qualified employee who lacks access to health coverage and desires coverage; and (2) at least 70 percent of such cost is paid by the qualified employer of such a qualified employee.Authorizes the Administrator to award startup grants to eligible entities to establish three-share programs for certification.Amends the Internal Revenue Code to provide for a refundable tax credit in the case of an eligible employer in an amount equal to 40 percent of the costs of a three-share program resulting from the participation of the taxpayer in such program during the taxable year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Government Improvement and Efficiency Act of 1996''. SEC. 2. REDUCTION IN MINIMUM NUMBER OF MEMBERS OF BOARD OF TRUSTEES OF AMERICAN UNIVERSITY. (a) In General.--The first section of the Act entitled ``An Act to incorporate the American University'', approved February 24, 1893 (27 Stat. 476), is amended by striking ``forty'' and inserting ``twenty- five''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 3. REPEAL OF APPLICATION OF SERVICE CONTRACT ACT OF 1965 TO DISTRICT OF COLUMBIA. (a) In General.--The Service Contract Act of 1965 (41 U.S.C. 351 et seq.) is amended-- (1) in section 2(a) in the matter preceding paragraph (1), by striking ``or the District of Columbia''; and (2) in section 7(1), by striking ``or District of Columbia''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contracts of the District of Columbia entered into on or after the date of the enactment of this Act. SEC. 4. AUTHORIZING AGREEMENTS BETWEEN DISTRICT OF COLUMBIA AND BUREAU OF PRISONS TO ESTABLISH AMOUNT OF PAYMENTS FOR HOUSING DISTRICT PRISONERS. The undesignated paragraph in the item relating to ``united states courts'' under the heading ``JUDICIAL'' in the Act of March 3, 1915 (38 Stat. 869, ch. 75; sec. 24-424, D.C. Code) (relating to the cost of the care and custody of District of Columbia convicts in any Federal penitentiary) is amended by adding at the end the following new sentence: ``Notwithstanding the previous sentence or any provision of title 18, United States Code, to the contrary, with respect to District of Columbia convicts in any Federal penitentiary during the 5-year period beginning October 1, 1996, the Mayor of the District of Columbia and the Director of the Bureau of Prisons may enter into an agreement waiving the requirements of the previous sentence or establishing an alternative amount to be charged against the District of Columbia for such convicts, so long as the Director provides notice of the intent to enter into the agreement to the Committees on Appropriations, the Judiciary, and Government Reform and Oversight of the House of Representatives and the Committees on Appropriations, the Judiciary, and Governmental Affairs of the Senate not later than 15 days before entering into the agreement.''. SEC. 5. EXEMPTION OF CERTAIN CONTRACTS FROM COUNCIL REVIEW. (a) In General.--Section 451 of the District of Columbia Self- Government and Governmental Reorganization Act (sec. 1-1130, D.C. Code), as amended by section 304(a)(3) of the District of Columbia Appropriations Act, 1996, is amended by adding at the end the following new subsection: ``(d) Exemption for Certain Contracts.--The requirements of this section shall not apply with respect to any of the following contracts: ``(1) Any contract entered into by the Washington Convention Center Authority for preconstruction activities, project management, design, or construction. ``(2) Any contract entered into by the District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, other than contracts for the sale or lease of the Blue Plains Wastewater Treatment Plant. ``(3) At the option of the Council, any contract for a highway improvement project carried out under title 23, United States Code.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contracts entered into on or after the date of the enactment of this Act. SEC. 6. WAIVER OF RESIDENCY REQUIREMENT FOR CERTAIN EMPLOYEES OF INSPECTOR GENERAL. Section 906 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (sec. 1-610.6, D.C. Code) is amended-- (1) in subsection (a), by inserting ``or subsection (d)'' after ``subsection (c)''; and (2) by adding at the end the following new subsection: ``(d) At the request of the Inspector General (as described in section 208(a) of the District of Columbia Procurement Practices Act of 1985), the Director of Personnel may waive the application of subsections (a) and (b) to employees of the Office of the Inspector General.''. SEC. 7. COMPENSATION OF MEMBERS OF JUDICIAL NOMINATION COMMISSION. (a) In General.--Effective as if included in the enactment of the District of Columbia Appropriations Act, 1996, section 434(b)(5) of the District of Columbia Self-Government and Governmental Reorganization Act is amended to read as follows: ``(5) Members of the Commission shall serve without compensation for services rendered in connection with their official duties on the Commission.''. (b) Conforming Amendment.--Section 133(b) of the District of Columbia Appropriations Act, 1996 is hereby repealed, and the provision of law amended by such section is hereby restored as if such section had not been enacted into law. SEC. 8. SHORT TITLE OF HOME RULE ACT. (a) In General.--Section 101 of the District of Columbia Self- Government and Governmental Reorganization Act is amended by striking ``District of Columbia Self-Government and Governmental Reorganization Act'' and inserting ``District of Columbia Home Rule Act''. (b) References in Law.--Any reference in law or regulation to the District of Columbia Self-Government and Governmental Reorganization Act shall be deemed to be a reference to the District of Columbia Home Rule Act.", "summary": "District of Columbia Government Improvement and Efficiency Act of 1996 - Reduces the minimum number of members of the Board of Trustees of the American University from 40 to 25. (Sec. 3) Repeals the application of the Service Contract Act of 1965 with respect to the District of Columbia. (Sec. 4) Authorizes the Mayor of the District and the Director of the Bureau of Prisons, with respect to District of Columbia convicts in any Federal penitentiary during the five-year period beginning in FY 1997, to enter into an agreement waiving requirements relating to the cost of the care and custody of D.C. convicts in Federal penitentiaries or establishing an alternative amount to be charged against the District for such convicts so long as the Director provides at least 15 days' notice of the intent to enter into the agreement to specified congressional committees. (Sec. 5) Amends the District of Columbia Self-Government and Governmental Reorganization Act to exempt from review by the D.C. Council contracts: (1) entered into by the Washington Convention Center Authority for preconstruction activities, project management, design, or construction; (2) entered into by the District of Columbia Water and Sewer Authority, other than contracts for the sale or lease of the Blue Plains Wastewater Treatment Plant; and (3) for Federal highway improvement projects at the option of the Council. (Sec. 6) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to allow, at the request of the Inspector General, the Director of Personnel to waive the residency requirement for employees of the Office of the Inspector General. (Sec. 7) Requires members of the Judicial Nomination Commission to serve without compensation for services rendered in connection with their official duties on the Commission. (Sec. 8) Renames the District of Columbia Self-Government and Governmental Reorganization Act as the District of Columbia Home Rule Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Fairness Act of 2009''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--Except as provided under subparagraph (B), the Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence, if the alien-- (i) applies for adjustment before April 1, 2011; and (ii) is otherwise eligible to receive an immigrant visa and admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Secretary of Homeland Security determines that the alien has been convicted of-- (i) any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); or (ii) 2 or more crimes involving moral turpitude. (2) Relationship of application to certain orders.-- (A) In general.--An alien present in the United States who has been subject to an order of exclusion, deportation, or removal, or has been ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1) if otherwise qualified under such paragraph. (B) Separate motion not required.--An alien described in subparagraph (A) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the order described in subparagraph (A). (C) Effect of decision by secretary.--If the Secretary of Homeland Security grants an application under paragraph (1), the Secretary shall cancel the order described in subparagraph (A). If the Secretary of Homeland Security makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided under subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States from January 1, 2009, through the date of application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision in the Immigration and Nationality Act, the Secretary of Homeland Security shall not order an alien to be removed from the United States if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Secretary of Homeland Security has made a final determination to deny the application. (3) Work authorization.-- (A) In general.--The Secretary of Homeland Security may-- (i) authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application; and (ii) provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment. (B) Pending applications.--If an application for adjustment of status under subsection (a) is pending for a period exceeding 180 days and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Record of Permanent Residence.--Upon the approval of an alien's application for adjustment of status under subsection (a), the Secretary of Homeland Security shall establish a record of the alien's admission for permanent record as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); and (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security regarding the adjustment of status of any alien under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--If an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (h) Application of Immigration and Nationality Act Provisions.-- (1) Definitions.--Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this section. (2) Savings provision.--Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization. (3) Effect of eligibility for adjustment of status.-- Eligibility to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude an alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.", "summary": "Liberian Refugee Immigration Fairness Act of 2009 - Adjusts to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States from January 1, 2009, through the date of status adjustment application; or (2) is the spouse, child, or unmarried son or daughter of such an alien. Requires adjustment applications to be filed before April 1, 2011."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Drug Savings Through Choice Act of 2007''. SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN OPTION. (a) In General.--Subpart 2 of part D of the Social Security Act is amended by inserting after section 1860D-11 (42 U.S.C. 1395w-111) the following new section: ``medicare operated prescription drug plan option ``Sec. 1860D-11A. (a) In General.--Notwithstanding any other provision of this part, for each year (beginning with 2008), in addition to any plans offered under section 1860D-11, the Secretary shall offer a Medicare operated prescription drug plan (as defined in subsection (b)) with a service area that consists of the entire United States. ``(b) Medicare Operated Prescription Drug Plan Defined.--For purposes of this part, the term `Medicare operated prescription drug plan' means a prescription drug plan that offers qualified prescription drug coverage and access described in section 1860D-2(d) to the prices negotiated under subsection (c)(1). Such plan may offer supplemental prescription drug coverage in the same manner as other qualified prescription drug coverage offered by other prescription drug plans. ``(c) Enhanced Affordability Through Negotiations.-- ``(1) In general.--Notwithstanding section 1860D-11(i), for purposes of offering the Medicare operated prescription drug plan under this section, the Secretary shall negotiate with pharmaceutical manufacturers with respect to the purchase price of such covered part D drugs and shall encourage the use of more affordable therapeutic equivalents to the extent such practices do not override medical necessity as determined by the prescribing physician. ``(2) Implementation of other cost savings strategies.--To the extent practicable and consistent with paragraph (1), the Secretary shall implement strategies similar to those used by the Department of Veterans Affairs or other Federal purchasers of prescription drugs, and other strategies, to reduce the purchase cost of covered part D drugs. ``(3) Conditioning use of formularies.--Insofar as the Medicare operated prescription drug plan uses a formulary, such plan shall inform, consistent with section 1860D-4(a)(3)(B), enrollees of changes in such formulary, including changes in covered drugs and the prices of such drugs. ``(4) Savings used to fill gaps in prescription drug coverage.--Any savings to the Medicare operated prescription drug plan resulting from actions take under this subsection shall be used by the plan to extend coverage under the plan to individuals who have reached the initial coverage limit applicable under the plan but who have not reached the annual out-of-pocket threshold specified in section 1860D-2(b)(4)(B). ``(d) Monthly Premiums.-- ``(1) For qualified prescription drug coverage.-- ``(A) Nationally uniform monthly beneficiary premium.--The monthly beneficiary premium for qualified prescription drug coverage and access to negotiated prices described in section 1860D-2(a)(1)(A) to be charged under the Medicare operated prescription drug plan shall be uniform nationally. ``(B) Bid based on costs.--The bid submitted under section 1860D-11(b)(2)(C) for the Medicare operated prescription drug plan shall be based on the average monthly per capita actuarial cost of offering such plan for the year involved, including administrative expenses. ``(2) Supplemental prescription drug coverage.--Insofar as the Medicare operated prescription drug plan offers supplemental prescription drug coverage, the Secretary shall adjust the amount of the bid submitted under section 1860D- 11(b)(2)(C) (and the premium charged under paragraph (1)) to reflect the additional benefits offered under such coverage. ``(e) Open Enrollment.--A part D eligible individual may enroll in the Medicare operated prescription drug plan at any time.''. (b) No Late Enrollment Penalty for Individuals Enrolled in Medicare Operated Prescription Drug Plan.--Section 1860D-13(b)(2) of such Act (42 U.S.C. 1395w-113(b)(2)) is amended by adding at the end the following new sentence: ``A part D eligible individual described in this paragraph does not include an individual enrolled in the Medicare operated prescription drug plan during the period in which the individual is so enrolled.''. (c) Conforming Amendments.-- (1) Section 1860D-1(b)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is amended by inserting ``and section 1860D-11A(e)'' after ``paragraphs (2) and (3) of this subsection''. (2) Section 1860D-2(b)(3)(A) of such Act (42 U.S.C. 1395w- 102(b)(3)(A)) is amended by inserting ``and section 1860D- 11A(c)(4)'' after ``paragraph (4)''. (3) Section 1860D-3(a) of such Act (42 U.S.C. 1395w-103(a)) is amended by adding at the end the following new paragraph: ``(4) Availability of the medicare operated prescription drug plan.-- ``(A) In general.--The Medicare operated prescription drug plan shall be offered nationally in accordance with section 1860D-11A. ``(B) Relationship to other plans.-- ``(i) In general.--Subject to clause (ii), the Medicare operated prescription drug plan shall be offered in addition to any qualifying plan or fallback prescription drug plan offered in a PDP region and shall not be considered to be such a plan for purposes of meeting the requirements of this subsection. ``(ii) Designation as a fallback plan.-- Notwithstanding any other provision of this part, the Secretary may designate the Medicare operated prescription drug plan as the fallback prescription drug plan for any fallback service area (as defined in section 1860D-11(g)(3)) determined to be appropriate by the Secretary.''. (4) Section 1860D-13(c)(3) of such Act (42 U.S.C. 1395w- 113(c)(3)) is amended-- (A) in the heading, by inserting ``and the Medicare operated prescription drug plan'' after ``Fallback plans''; and (B) by inserting ``or the Medicare operated prescription drug plan'' after ``a fallback prescription drug plan''. (5) Section 1860D-16(b)(1) of such Act (42 U.S.C.1395w- 116(b)(1)) is amended-- (A) in subparagraph (C), by striking ``and'' after the semicolon at the end; and (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and ``(E) payments for expenses incurred with respect to the operation of the Medicare operated prescription drug plan under section 1860D-11A.''. (6) Section 1860D-41(a) of such Act (42 U.S.C. 1395w- 151(a)) is amended by adding at the end the following new paragraph: ``(19) Medicare operated prescription drug plan.--The term `Medicare operated prescription drug plan' has the meaning given such term in section 1860D-11A(b).''.", "summary": "Medicare Drug Savings Through Choice Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) offer a Medicare operated prescription drug plan with a service area that consists of the entire United States; (2) negotiate with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs; and (3) encourage the use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally. Requires adjustment of such premium amount in case of supplemental prescription drug coverage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Express Lane to Health Coverage Act of 2003''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Despite gains made in recent years, 8,900,000 children in the United States are uninsured. Of those, 6,900,000 are eligible for public health insurance coverage. (2) Most low-income uninsured children are enrolled in nutrition and related programs that operate under income guidelines similar to those of the medicaid program. In fact, 63 percent, or 4,300,000, low-income uninsured children are in families that receive benefits through the food stamps program, the National school lunch program, or the special supplemental nutrition program for women, infants and children (commonly referred to as ``WIC''). (3) The public would be well served if Federal means-tested public programs were able to improve administrative efficiency and coordination as well as reduce unnecessary bureaucracy. (4) Uninsured children would be well served if their enrollment in a nutrition-based or other means-tested program could serve as a gateway to health coverage. (5) Existing law already allows children to be found income eligible for WIC based on their enrollment in the medicaid program. Current law does not, however, give States adequate flexibility to make an income determination for eligibility for the medicaid or State children's health insurance program based on an uninsured child's enrollment in WIC or another public program. (b) Purpose.--The purpose of this Act is to give States the flexibility to find children income eligible for the medicaid program or State children's health insurance program based on the fact that the children are eligible for nutrition assistance or similar public programs with comparable income standards and methodologies. SEC. 3. STATE OPTION TO PROVIDE FOR SIMPLIFIED DETERMINATIONS OF A CHILD'S FINANCIAL ELIGIBILITY FOR MEDICAL ASSISTANCE UNDER MEDICAID OR CHILD HEALTH ASSISTANCE UNDER SCHIP. (a) Medicaid.--Section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following: ``(13)(A) At the option of the State, the plan may provide that financial eligibility requirements for medical assistance are met for an individual who is under an age specified by the State (not to exceed 21 years of age) by using a determination (made within a reasonable period, as found by the State, before its use for this purpose) of the individual's family or household income or resources, notwithstanding any differences in budget unit, disregard, deeming, or other methodology, by a Federal or State agency (or a public or private entity making such determination on behalf of such agency) specified by the plan, including but not limited to the agencies administering the Food Stamp Act of 1977, the Richard B. Russell National School Lunch Act, and the Child Nutrition Act of 1966, provided that such agency has fiscal liabilities or responsibilities affected or potentially affected by such determinations and provided that all information furnished by such agency pursuant to this subparagraph is used solely for purposes of determining eligibility for medical assistance under the State plan approved under this title or for child health assistance under a State plan approved under title XXI. ``(B) Nothing in subparagraph (A) shall be construed-- ``(i) to authorize the denial of medical assistance under a State plan approved under this title or of child health assistance under a State plan approved under title XXI to an individual who, without the application of this paragraph or an option exercised thereunder, would qualify for such assistance; ``(ii) to relieve a State of the obligation under subsection (a)(8) to furnish assistance with reasonable promptness after the submission of an initial application that is evaluated or for which evaluation is requested pursuant to this paragraph; or ``(iii) to relieve a State of the obligation to determine eligibility on other grounds for an individual found to be ineligible under this paragraph. ``(C) At the option of a State, the financial eligibility process described in subparagraph (A) may apply to an individual who is older than age 21 if such individual's eligibility for medical assistance is based on pregnancy or if such individual is a parent, guardian, or other caretaker relative of an individual found eligible under subparagraph (A).''. (b) SCHIP.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended by adding at the end the following: ``(E) Section 1902(e)(13) (relating to the State option to base a child's eligibility for assistance on financial determinations made by a program providing nutrition or other public assistance).''. (c) Effective Date.--The amendments made by this section take effect on October 1, 2003.", "summary": "Children's Express Lane to Health Coverage Act of 2003 - Amends title XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to give States the option of providing that Medicaid or SCHIP financial eligibility requirements are met for children based on their eligibility for nutrition assistance or similar public programs with comparable income standards and methodologies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Rights and Labor Standards Trade Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) International trade, when fair and open, can serve as an important factor in the economic well-being of nations; but the maintenance of a fair and open world trading system requires the enhancement and active enforcement of national and international trade agreements and laws by all trading nations. (2) As the productivity of our trading partners that are developing countries has risen, the ability of many of these countries to export goods cheaply to the United States has been based, in part, upon the violation of internationally recognized worker rights. (3) The exploitation of workers is an unacceptable means for any country, whether developed or developing, or industry to gain competitive advantage in international trade. (4) Exports to the United States from countries which fail to respect internationally recognized worker rights undermine living and working standards in both those countries as well as the United States, because international corporations can play workers in one country off against those in another with respect to wages and work standards in order to minimize costs. (5) At various times in the 20th century, international agreements and United States policy have explicitly stated that fundamental worker rights and fair labor standards are necessary to the workings of a fair international trading system. (6) The United States and over 160 other member nations of the International Labor Organization are legally obligated to ``endeavor to secure and maintain fair and humane conditions of labor for men, women, and children, both in their own countries and in all countries to which their commercial and industrial nations extend''. (7) For decades, United States trade negotiators, whether serving in Democratic or Republican administrations, have initiated discussions to no avail with ranking officials of the GATT and the International Labor Organization concerning the demonstrable relationship of fundamental worker rights and fair labor standards to prior rounds of multilateral trade negotiations. (8) The right of all workers to certain fundamental rights is affirmed in the following international agreements to which the United States is a party: (A) The United Nations Charter, which states in Article 55 that ``the United Nations shall promote higher standards of living, full employment, and conditions of economic and social progress and development,''. (B) The United Nations Universal Declaration of Human Rights, which states in Article 23 that ``Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment . . . `and that' Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity.''. (C) The United Nations International Covenant on Civil and Political Rights, which states in Article 8 that ``No one shall be required to perform forced or compulsory labor.''. (D) The Revised Charter of the Organization of American States, which states in Article 31 that ``Member States agree to dedicate every effort to achieve the following basic goals . . . Fair wages, employment opportunities, and acceptable working conditions for all.''. (E) The General Agreement on Tariffs and Trade which-- (i) provides in the preamble that relations among countries ``in the field of trade and economic endeavor should be conducted with a view to raising standards of living and ensuring full employment,''; (ii) allows, under Article XX, any country to take action against products of prison labor; and (iii) incorporates by reference Article 7 of Chapter II of the Havana Charter which states that ``the members recognize that measures relating to employment must take fully into account the rights of workers under intergovernmental declarations, conventions, and agreements. The members recognize that all countries have a common interest in the achievement and maintenance of fair labor standards related to productivity, and thus in the improvement of wages and working conditions as productivity may permit. The members recognize that unfair labor conditions, particularly in production for export, create difficulties in international trade, and accordingly, each member shall take whatever action may be appropriate and feasible to eliminate such conditions within its territory.''. (9) The adherence of the United States to the principles referred to in paragraph (5) is reflected in-- (A) the provisions of the Tariff Act of 1930 that prohibit the importation of goods produced by forced labor, (B) the provisions of title V of the Trade Act of 1974 (relating to the Generalized System of Preferences) that-- (i) define internationally recognized worker rights as the right to association, the right to organize and bargain collectively, the prohibition of the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and (ii) prohibit the extension of trade preferences to any developing country that ``has not or is not taking steps to afford internationally recognized worker rights to its workers''; and (C) the provisions of section 231A of the Foreign Assistance Act of 1961, which allow the Overseas Private Investment Corporation to insure, reinsure, guarantee, or finance a project only if the country in which the project is to be undertaken ``is taking steps to adopt and implement laws that extend internationally recognized worker rights . . . to workers in that country.''. (10) Little, if any, progress has been made ``to adopt, as a principle of the GATT, that the denial of worker rights should not be a means for a country or its industries to gain competitive advantage in international trade'', pursuant to section 1101(b)(14) of the Omnibus Trade and Competitiveness Act of 1988. SEC. 3. ESTABLISHMENT OF WORKING PARTY ON WORKER RIGHTS. (a) Action by the President.--The President shall seek the establishment in the GATT of a working party to examine the relationship of fundamental internationally recognized worker rights to the articles, objectives, and related instruments of the GATT, particularly the preamble, Article XXIX, and Article XX. (b) Objectives of Working Group.--The objectives of the working group described in subsection (a) would be to-- (1) explore ways in which to link the conduct of international trade to respect for fundamental internationally recognized worker rights; (2) examine the economic impact of competition that is based upon trade distortions that are attributable to the systematic denial of fundamental internationally recognized worker rights; (3) consider and develop information on the incidence and effects of systematic, trade-distorting worker rights practices and ways to address such practices; and (4) establish that it is unjustifiable for any country or any of its industries to seek to gain competitive advantage in international trade through the systematic denial of fundamental internationally recognized worker rights. SEC. 4. ESTABLISHMENT OF STANDING COMMITTEE ON WORKER RIGHTS WITHIN THE WORLD TRADE ORGANIZATION. The President shall seek the establishment in the World Trade Organization, when such organization becomes effective, a standing committee to carry out the functions of the working group described in section 3. SEC. 5. DEFINITIONS. As used in this Act: (1) The term ``fundamental internationally recognized worker rights'' means ``internationally recognized worker rights'' as defined in section 502(a)(4) of the Trade Act of 1974. (2) GATT.--The term ``GATT'' means the General Agreement on Tariffs and Trade.", "summary": "Worker Rights and Labor Standards Trade Act of 1994 - Directs the President to seek the establishment of: (1) a working party within the General Agreement on Tariffs and Trade (GATT) to examine the relationship of fundamental internationally-recognized worker rights to specified articles of the GATT; and (2) a standing committee within the World Trade Organization to perform the functions of the working group."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``State Prescription Drug Discount Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 70,000,000 Americans, including more than 18,000,000 Medicare beneficiaries, are uninsured or underinsured for prescription drug coverage. (2) High prescription drug prices are denying uninsured and underinsured Americans access to medically necessary care, thereby threatening their health and safety. Many of these Americans require repeated doctor or medical clinic appointments, becoming sicker because they cannot afford to take the drugs prescribed for them. Many are admitted to or treated at hospitals because they cannot afford the drugs prescribed for them that could have prevented the need for hospitalization. Many enter expensive institutional care settings because they cannot afford the prescription drugs that could have supported them outside of an institution. In each of these circumstances, uninsured and underinsured residents too often become medicaid recipients because of their inability to afford prescription drugs. (3) Pursuant to the Social Security Act, State medicaid programs receive discounts in the form of rebates for outpatient prescription drugs. On average, these rebates provide discounts of more than 40 percent off retail prices. (4) In 49 States, individual Americans do not have access to medicaid rebates. But in 1 State, since June 1, 2001, over 100,000 Americans have received discounts from those rebates through the ``Healthy Maine'' program. This program, established as a demonstration project pursuant to a waiver from the Secretary of Health and Human Services has proven to work. Americans need that program replicated in every State, immediately. (5) The Federal and State governments are the only agents that, as a practical matter, can play an effective role as a market participant on behalf of Americans who are uninsured or underinsured. SEC. 3. STATE PRESCRIPTION DISCOUNT PROGRAM. (a) In General.--Section 1927(a) of the Social Security Act (42 U.S.C. 1396r-8(a)) is amended by adding at the end the following: ``(7) Requirements relating to agreements for drugs procured by individuals through state prescription drug discount programs.-- ``(A) In general.--A manufacturer meets the requirements of this paragraph if the manufacturer enters into an agreement with the State to make rebate payments for drugs covered by a State prescription drug discount program in the same amounts as are paid by the manufacturer to the State for such drugs under a rebate agreement described in subsection (b). ``(B) State prescription drug discount program defined.-- ``(i) In general.--In this paragraph, the term `State prescription drug discount program' means a State program under which, with respect to a rebate period, not less than the amount equal to 95 percent of all the rebates paid to the State under agreements entered into under subparagraph (A) during such period is provided to eligible State residents in the form of discounted prices for the purchase of outpatient prescription drugs. ``(ii) Eligible state resident.--For purposes of clause (i), the term `eligible State resident' means an individual who is a State resident and-- ``(I) who is eligible for benefits under title XVIII; or ``(II) whose income does not exceed 300 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved. ``(iii) Additional subsidies.--Nothing in this subparagraph shall be construed as-- ``(I) requiring a State to expend State funds to carry out a State prescription drug discount program; or ``(II) prohibiting a State from electing to contribute State funds to a State prescription drug discount program to provide greater subsidies to eligible State residents for outpatient prescription drugs covered under the program. ``(C) No offset against medical assistance.-- Amounts received by a State under an agreement entered into under subparagraph (A) in any quarter shall not be considered to be a reduction in the amount expended under the State plan in the quarter for medical assistance for purposes of section 1903(a)(1).''. (b) Conforming Amendment.--The first sentence of section 1927(a)(1) of the Social Security Act (42 U.S.C. 1396r-8(a)(1)) is amended, by striking ``and paragraph (6)'' and inserting ``, paragraph (6), and paragraph (7)''. SEC. 4. ENHANCED REBATES FOR STATE MEDICAID PROGRAMS. Section 1927(b)(1)(B) of the Social Security Act (42 U.S.C. 1396r- 8(b)(1)(B) is amended-- (1) by striking ``Amounts'' and inserting the following: ``(i) In general.--Except as provided in clause (ii) and subsection (a)(7)(C), amounts''; and (2) by adding at the end the following: ``(ii) Enhanced rebate.--In the case of a State that has a State prescription drug discount program described in subsection (a)(7) and that has entered into a rebate agreement described in paragraph (1) or (4) of subsection (a) that provides a greater rebate for a covered outpatient drug than the rebate that would be paid for the covered outpatient drug under subsection (c), then, notwithstanding clause (i), only the amount equal to \\1/2\\ of the difference between the amount received by the State in any quarter under such a rebate agreement and the amount of the rebate that would be paid under subsection (c) for such covered outpatient drug shall be considered to be a reduction in the amount expended under the State plan in the quarter for medical assistance for purposes of section 1903(a)(1).''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act take effect on January 1, 2004.", "summary": "State Prescription Drug Discount Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) require drug manufacturers to pay rebates to State prescription drug discount programs as a condition of participation in a rebate agreement for outpatient prescription drugs under the Medicaid program; and (2) provide for enhanced rebates for State prescription drug discount programs of States with rebate agreements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Minuteman Missile National Historic Site Establishment Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Minuteman II intercontinental ballistic missile (hereinafter referred to as ``ICBM'') launch control facility and launch facility known as ``Delta 1'' and ``Delta 9'', respectively, have national significance as the best preserved examples of the operational character of American history during the Cold War; (2) the facilities are symbolic of the dedication and preparedness exhibited by the missileers of the Air Force stationed throughout the upper Great Plains in remote and forbidding locations during the Cold War; (3) the facilities provide a unique opportunity to illustrate the history and significance of the Cold War, the arms race, and ICBM development; and (4) the National Park System does not contain a unit that specifically commemorates or interprets the Cold War. (b) Purposes.--The purposes of this Act are-- (1) to preserve, protect, and interpret for the benefit and enjoyment of present and future generations the structures associated with the Minuteman II missile defense system; (2) to interpret the historical role of the Minuteman II missile defense system in the broader context of the Cold War and the role of the system as a key component of America's strategic commitment to preserve world peace; and (3) to complement the interpretive programs relating to the Minuteman II missile defense system offered by the South Dakota Air and Space Museum at Ellsworth Air Force Base. SEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE. (a) Establishment.--(1) The Minuteman Missile National Historic Site in the State of South Dakota (hereinafter referred to as the ``historic site'') is hereby established as a unit of the National Park System. The historic site shall consist of lands and interests therein comprising the following Minuteman II ICBM launch control facilities, as generally depicted on the map referred to as ``Minuteman Missile National Historic Site'', numbered 406/80,008 and dated September, 1998: (A) An area surrounding the Minuteman II ICBM launch control facility depicted as ``Delta 1 Launch Control Facility''. (B) An area surrounding the Minuteman II ICBM launch control facility depicted as ``Delta 9 Launch Facility''. (2) The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (3) The Secretary of the Interior (hereinafter referred to as the ``Secretary'') is authorized to make minor adjustments to the boundary of the historic site. (b) Administration of Historic Site.--The Secretary shall administer the historic site in accordance with this Act and laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1, 2-4) and the Act of August 21, 1935 (16 U.S.C. 461-467). (c) Coordination With Secretary of Defense.--The Secretary shall consult with the Secretary of Defense and the Secretary of State, as appropriate, to ensure that administration of the historic site is in compliance with applicable treaties. (d) Cooperative Agreements.--The Secretary may enter into cooperative agreements with appropriate public and private entities and individuals in furtherance of the purposes of this Act. (e) Land Acquisition.--(1) Except as provided in paragraph (2), the Secretary is authorized to acquire lands and interests therein within the boundaries of the historic site by donation, purchase with donated or appropriated funds, exchange or transfer from another Federal agency: Provided, That lands or interests therein owned by the State of South Dakota may only be acquired by donation or exchange. (2) The Secretary shall not acquire any lands pursuant to this Act if the Secretary determines that such lands, or any portion thereof, are contaminated with hazardous substances (as defined in the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601)), unless all remedial action necessary to protect human health and the environment has been taken pursuant to such Act. (f) General Management Plan.--(1) Within three years after the date funds are made available, the Secretary shall prepare a general management plan for the historic site. (2) The plan shall include an evaluation of an appropriate location for a visitor facility and administrative site within the areas depicted as ``Support Facility Study Area--Alternative A'' or ``Support Facility Study Area--Alternative B'' on the map referred to in subsection (a). Upon a determination by the Secretary of the appropriate location for such facilities, the boundaries of the historic site shall be modified to include the selected site. (3) In developing the plan, the Secretary shall consider coordinating or consolidating appropriate administrative, management, and personnel functions with Badlands National Park. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Air Force Funds.--The Secretary of the Air Force shall transfer to the Secretary any funds specifically appropriated to the Air Force for the maintenance, protection, or preservation of the facilities described in section 3. Such funds shall be used by the Secretary for establishing, operating, and maintaining the historic site. (c) Legacy Resource Management Program.--Nothing in this Act affects the use of any funds available for the Legacy Resource Management Program being carried out by the Air Force that, before the date of enactment of this Act, were directed to be used for resource preservation and treaty compliance. Passed the Senate October 7 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.", "summary": "Minuteman Missile National Historic Site Establishment Act of 1998 - Establishes the Minuteman Missile National Historic Site in South Dakota as a unit of the National Park System consisting of lands and interests comprising the areas surrounding the Minuteman II ICBM launch control facilities known as Delta 1 and Delta 9. Authorizes the Secretary to acquire lands and interests within the boundaries of the historic site by donation, purchase with donated or appropriated funds, exchange or transfer from another Federal agency. Prohibits the Secretary from acquiring any lands contaminated with hazardous substances, unless all remedial action necessary to protect human health and the environment has been taken. Requires the Secretary to: (1) prepare a general management plan for the historic site, including an evaluation of a location for a visitor facility and administrative site; and (2) in developing the plan, to consider coordinating and consolidating administrative, management, and personnel function with Badlands National Park. Authorizes appropriations. Requires the Secretary of the Air Force to transfer to the Secretary any funds specifically appropriated to the Air Force for the maintenance, protection, or preservation of the facilities."}
{"article": "of Approval.--A joint resolution described in this paragraph means only a joint resolution which is introduced within the 10-day period beginning on the date on which the Commission submits recommendations under section 102(c) and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That Congress approves the recommendations of the Independent Commission on Medicare concerning methods to control outlays under the medicare program for fiscal year ________, as submitted by the Commission on ______________.'', the first blank space being filled in with the appropriate fiscal year and the second blank space being filled in with the appropriate date; and (3) the title of which is as follows: ``Joint resolution approving recommendations of the Independent Commission on Medicare concerning methods to control outlays under the medicare program for fiscal year ________, as submitted by the Commission on ______________.'', the first blank space being filled in with the appropriate fiscal year and the second blank space being filled in with the appropriate date. (c) Procedures for Consideration of Resolution of Approval.-- Subject to subsection (d), the provisions of section 2908 (other than subsection (a)) of the Defense Base Closure and Realignment Act of 1990 shall apply to the consideration of a joint resolution described in subsection (b) in the same manner as such provisions apply to a joint resolution described in section 2908(a) of such Act. (d) Special Rules.--For purposes of applying subsection (c) with respect to such provisions-- (1) any reference to the Committee on Armed Services of the House of Representatives shall be deemed a reference to an appropriate committee of the House of Representatives (specified by the Speaker of the House of Representatives at the time of submission of recommendations under subsection (c)) and any reference to the Committee on Armed Services of the Senate shall be deemed a reference to an appropriate committee of the Senate (specified by the majority leader of the Senate at the time of submission of recommendations by the Commission under section 102(c)); and (2) any reference to the date on which the President transmits a report shall be deemed a reference to the date on which the Commission submits recommendations under section 102(c). SEC. 104. NO TERMINATION OF COMMISSION. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Commission. TITLE II--CONTROLLING OUTLAYS UNDER MEDICARE PROGRAM SEC. 201. ESTABLISHMENT OF ANNUAL LIMITS ON OUTLAYS. Not later than April 15 of each year (beginning with 1996), Congress shall in the concurrent resolution on the budget for the fiscal year beginning on the following October 1 establish a limit on total outlays to be made under the medicare program for the fiscal year. SEC. 202. ENFORCEMENT OF LIMITS THROUGH SEQUESTRATION. (a) In General.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended by inserting after section 252 the following new section: ``SEC. 252A. SEQUESTRATION WITH RESPECT TO MEDICARE. ``(a) Sequestration.--If, with respect to a fiscal year (beginning with fiscal year 1997), Congress has not enacted a joint resolution under section 103(b) of the Commission to Save Medicare Act of 1995 before the first day of the fiscal year, there shall be a sequestration to eliminate any budgetary excess in the medicare program as described in subsection (b). ``(b) Eliminating a Budgetary Excess.-- ``(1) In general.--Outlays under the medicare program shall be reduced during a fiscal year as provided by paragraph (2), as necessary to eliminate any amount by which estimated outlays under the program in the year exceed the limit for such outlays established for the year by Congress pursuant to section 201 of the Commission to Save Medicare Act of 1995. ``(2) Reductions described.--In carrying out paragraph (1), the President shall-- ``(A) reduce payments made under the medicare program by a uniform percentage sufficient to reduce 50 percent of the amount described in paragraph (1); and ``(B) increase premiums, deductibles, copayments, and coinsurance required to be paid under the program by a uniform percentage sufficient to reduce 50 percent of the amount described in paragraph (1). ``(c) Part-Year Appropriations and OMB Estimates.--Paragraphs (4) and (7) of section 251(a) shall apply to sequestration of amounts under this section in the same manner as those paragraphs apply to discretionary appropriations and sequestrations under that section. ``(d) Coordination With Other Sequestration.-- ``(1) In general.--Reductions under subsection (b) for a fiscal year shall supersede any reduction otherwise made under section 252 or 253. ``(2) Reports.--On the dates specified in section 254(a), OMB and CBO shall issue preview, update, and final reports on medicare sequestration under this section. Such reports shall specify-- ``(A) the estimated amount described in subsection (b)(1) for the fiscal year; ``(B) the estimated uniform percentage described in subsection (b)(2)(A) of the fiscal year; and ``(C) the estimated uniform percentage described in subsection (b)(2)(B) of the fiscal year. ``(3) Rules for application of reductions.--The provisions of section 256(d) shall apply to reductions under this section.''. (b) Clerical Amendment.--The table of contents for part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended by inserting after the item relating to section 252 the following: ``Sec. 252A. Sequestration with respect to medicare.''.", "summary": "TABLE OF CONTENTS: Title I: Independent Commission on Medicare Title II: Controlling Outlays Under Medicare Program Commission to Save Medicare Act of 1995 - Title I: Independent Commission on Medicare - Establishes the Independent Commission on Medicare to: (1) report to the Congress and the President during December of each year on certain aspects of the Medicare program under title XVIII of the Social Security Act involving projected outlays and benefits; and (2) report to the Congress during July of each year specific recommendations on certain changes to ensure that total program outlays for the fiscal year involved do not exceed specified limits. Precludes such recommendations from including changes relating to the payment of payroll taxes for financing the program. Provides procedures for expedited congressional consideration of recommendations. Title II: Controlling Outlays Under Medicare Program - Provides that Congress, not later than April 15 of each year, shall, in the concurrent resolution on the budget for the following fiscal year, establish a limit on total outlays to be made under the Medicare program for the fiscal year involved. Provides for the enforcement of such limits through sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Theodore Roosevelt Wildlife Legacy Act of 1997''. SEC. 2. MISSION AND PURPOSES OF THE SYSTEM. (a) Mission.--The overall mission of the National Wildlife Refuge System (in this Act referred to as the ``System'') is to preserve a network of lands and waters for the conservation and management of fish, wildlife, and plants of the United States for the benefit of present and future generations. (b) Purposes.--The purposes of the System are-- (1) to conserve, manage, and where appropriate, restore fish and wildlife habitats so as to provide, in perpetuity, for the diversity of fish, wildlife, and plants and the ecological processes that sustain them; (2) to provide a diverse national network of lands and waters designed to conserve and manage, in perpetuity, fish, wildlife, and plants of the United States, and their habitats; (3) to conserve and manage migratory birds, endangered species, anadromous or interjurisdictional fish species, marine mammals, and other fish, wildlife, and plants; and (4) to fulfill international treaty obligations of the United States with respect to fish, wildlife, and plants, and their habitats. SEC. 3. PRIORITY USES. The priority public uses of the System are wildlife observation and photography, hunting, fishing, and environmental education and interpretation. SEC. 4. ADMINISTRATION OF THE SYSTEM. In administering the System, the Secretary of the Interior shall-- (1) ensure that the mission and purposes of the System described in section 2 and the purposes of each refuge are carried out, except that if a conflict exists between the primary purpose of a National Wildlife Refuge and any purpose of the System, the conflict shall be resolved in a manner that first fulfills the primary purpose of the refuge, and, to the extent practicable, also achieves the purposes of the System; (2) ensure that opportunities for the uses described in section 3 receive priority attention in planning and management within the System, consistent with the mission and purposes of the System described in sections 2(a) and (b); (3) plan, propose, and direct expansion of the System-- (A) to accomplish the mission and purposes of the System and the purposes of each National Wildlife Refuge; and (B) to contribute to the conservation of the ecosystems of the United States; and (4) inventory and monitor the status and trends of fish, wildlife, and plants in each National Wildlife Refuge. SEC. 5. COMPATIBILITY STANDARDS AND PROCEDURES. (a) General Rule.--Except as provided in subsection (b), effective beginning on the date that is 3 years after the date of enactment of this Act, the Secretary shall not initiate or permit a new use of a National Wildlife Refuge or expand, renew, or extend an existing allowed use unless the Secretary determines that the use is compatible with the primary purposes of the refuge and the mission and purposes of the System specified in section 2 of this Act. Such determinations shall-- (1) be made in writing, be based on the best available scientific information, and represent the best professional judgment of the refuge officer involved; (2) be made after an opportunity has been provided for the public to review and comment on the evaluations; (3) where appropriate, be made concurrently with the development of a conservation plan for the refuge under section 6; and (4) be reevaluated when conditions under which the use is permitted change significantly or when there is significant new information regarding the effects of the use, but not less frequently than every 10 years. (b) Prior Identification for New Acquisitions.--On lands added to the System after the date of enactment of this Act, the Secretary shall identify, prior to acquisition, existing compatible priority public uses (as described in section 3) that shall be permitted to continue on an interim basis pending completion of comprehensive planning. SEC. 6. REFUGE CONSERVATION PLANNING PROGRAM. (a) General Rule.--Except with respect to National Wildlife Refuge lands in Alaska (which shall be governed by the refuge planning provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.)), the Secretary shall-- (1) propose a comprehensive conservation plan for each refuge or ecologically related complex of refuges consistent with section 2 of this Act within 15 years after the date of enactment of this Act and revise such plans not less frequently than every 15 years thereafter; (2) develop and implement a process to ensure an opportunity for active public involvement in the preparation and revision of conservation plans; and (3) manage each refuge in a manner consistent with the conservation plan for the refuge. (b) New Refuges.--With respect to any refuge established after the date of enactment of this Act, the Secretary shall prepare a conservation plan for the refuge not later than 2 years after the Secretary has determined that sufficient land has been acquired to warrant comprehensive planning.", "summary": "Theodore Roosevelt Wildlife Legacy Act of 1997 - Declares the mission of the National Wildlife Refuge System to be to preserve a network of lands and waters for the conservation and management of U.S. fish, wildlife, and plants for present and future generations. Establishes as the System's priority public uses: (1) wildlife observation and photography; (2) hunting; (3) fishing; and (4) environmental education and interpretation. Directs the Secretary of the Interior, in administering the System, to: (1) resolve any conflict between the primary purpose of a National Wildlife Refuge and any purpose of the System in a manner that first fulfills the primary purpose of the refuge; (2) plan, propose, and direct System expansion to accomplish the mission and purposes of the System and of each refuge and to contribute to the conservation of U.S. ecosystems; and (3) inventory and monitor the status and trends of fish, wildlife, and plants in each refuge. Prohibits the Secretary, effective three years after enactment of this Act, from initiating or permitting a new use of a refuge or an expansion of an existing allowed use unless such use is compatible with the primary purposes of the refuge and the mission and purposes of the System. Directs the Secretary to: (1) propose within 15 years and revise every 15 years comprehensive conservation plans for each refuge in the System, except refuges in Alaska; (2) develop and implement a process to ensure an opportunity for active public involvement in the preparation and revision of such plans; (3) manage each refuge in a manner consistent with its conservation plan; and (4) prepare a conservation plan for a refuge established after enactment of this Act not later than two years after the Secretary determines that sufficient land has been acquired to warrant comprehensive planning."}
{"article": "SECTION. 1. SHORT TITLE. This Act may be cited as the ``Immigrant Labor Policy Review Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The unemployment rate in the United States is at a record low. (2) Many industries in the United States, including agriculture, tourism, construction, nursing, information technology, and other portions of the service sector, are experiencing labor shortages. (3) The inability to secure sufficient workers is having a detrimental impact on the economy of the United States and the standard of living for all people in the United States. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the High Level Commission on Immigrant Labor Policy (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTIES. (a) In General.--The Commission shall study the interactions between Federal immigration policy and the labor markets for aliens in the United States, including the following subjects: (1) The adequacy of the supply of labor in the United States and whether this supply needs to be further supplemented with alien workers. (2) The extent to which employers in the United States rely upon the employment of a temporary workforce. (3) The economic impact and desirability of maintaining statutory caps on nonimmigrant workers. (4) The extent to which employers in the United States rely upon the employment of a workforce that includes or consists of aliens who unlawfully enter or remain in the United States. (5) The extent of unemployment and underemployment of workers who are United States citizens or aliens lawfully admitted to the United States for permanent residence. (6) The effectiveness of United States labor policies in stopping the flow into the United States of illegal immigrants. (7) Any other subject necessary to permit the Commission to prepare the reports required under section 8. (b) Consultation.--In conducting the study, the Commission shall consult with migrant labor groups, nonprofit organizations, labor unions, pertinent business and agriculture associations and organizations, State Governors, law enforcement associations and organizations, and relevant executive branch agencies and congressional committees. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall consist of 10 members, to be appointed as follows: (1) 4 to be appointed by the President. (2) 2 to be appointed by the Speaker of the House of Representatives. (3) 1 to be appointed by the minority leader of the House of Representatives. (4) 2 to be appointed by the President pro tempore of the Senate. (5) 1 to be appointed by the minority leader of the Senate. (b) Consultations.--In making appointments under subsection (a)(1), the President shall consult with-- (1) the Attorney General in appointing 1 member; (2) the Chairman of the Federal Reserve Board in appointing 1 member; (3) the Secretary of Commerce in appointing 1 member; and (4) the Secretary of Agriculture in appointing 1 member. (c) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Chairperson.--The Chairman of the Federal Reserve Board (or the Chairman of the Federal Reserve Board's designee) shall serve as the chairperson of the Commission until such time as the members of the Commission can elect a chairperson. (f) Basic Pay.--Each member shall serve without pay. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--A majority of the members shall constitute a quorum for the transaction of business. (h) Meetings.--The Commission shall meet at the call of the chairperson. SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a director who shall be appointed by the chairperson subject to rules prescribed by the Commission. (b) Staff.--Subject to rules prescribed by the Commission, the chairperson may appoint and fix the pay of such additional personnel as the chairperson considers appropriate. (c) Applicability of Certain Civil Service Laws.--The director and staff of the Commission may be appointed without regard to title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the requirements of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (d) Experts and Consultants.--The chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (e) Staff of Federal Agencies.--Upon request of the chairperson, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out its duties. SEC. 7. POWERS. (a) Obtaining Official Data.--The chairperson may secure directly from any Federal agency information necessary to enable the Commission to carry out its duties. Upon request of the chairperson, the head of the agency shall furnish such information to the Commission to the extent such information is not prohibited from disclosure by law. (b) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (c) Administrative Support Services.--Upon the request of the chairperson, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties. (d) Contract Authority.--The chairperson may contract with and compensate government and private agencies or persons for the purpose of conducting research, surveys, and other services necessary to enable the Commission to carry out its duties. SEC. 8. REPORTS. (a) Interim Report.--Not later than 6 months after the date of the enactment of this Act, the Commission shall prepare and submit to the President and the Congress an interim report on the following: (1) The overall effectiveness of Federal immigration and labor laws and policies in-- (A) protecting jobs held by citizens and nationals of the United States, aliens who are lawfully admitted to the United States for permanent residence, aliens who are admitted as refugees or are granted asylum, and other immigrants otherwise authorized to be employed in the United States; (B) preventing exploitation of alien immigrant and nonimmigrant workers; (C) reducing the number of illegal border crossings into the United States; and (D) reducing the numbers of aliens unlawfully employed in the United States. (2) The impact of statutory numerical limitations on the entry of immigrants and nonimmigrants into the United States on the achievement of the goals described in subparagraphs (A) through (D) of paragraph (1). (3) The impact of recent measures undertaken in border areas to deter illegal border crossings on the achievement of such goals. (4) The impact of Federal alien labor laws and policies on the overall economic performance within the United States and economic performance within the following sectors: (A) Agriculture. (B) Tourism and service. (C) Construction. (D) Nursing and health care. (E) Apparel. (F) Information technology. (b) Final Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall prepare and submit to the President and the Congress a final report that contains at least the following: (1) Information that updates the findings reported in the interim report on each of the issues described in paragraphs (1) through (4) of subsection (a). (2) Recommendations for actions that the Commission considers necessary-- (A) to curb illegal border crossings into the United States; (B) to curb unlawful employment of aliens in the United States; (C) to ensure adequate protection of the workers described in subsection (a)(1)(A); and (D) to ensure a stable and steady workforce for industry in the United States. (3) The viability of expanding the agricultural guest worker program established under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) and section 218 of such Act (8 U.S.C. 1188) to any or all of the following United States industries: (A) Tourism and service. (B) Construction. (C) Nursing and health care. (D) Apparel. (E) Information technology. (4) Recommendations for any additional actions that the Commission determines would improve Federal immigration or labor laws or policies. (5) Any other related information that the Commission considers to be appropriate. SEC. 9. TERMINATION. The Commission shall terminate 6 months after the date on which the Commission submits its final report under section 8(b). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, which sums shall remain available until expended.", "summary": "Immigrant Labor Policy Review Act - Establishes the High Level Commission on Immigrant Labor Policy. Directs the Commission to study the interactions between Federal immigration policy and the labor markets for aliens in the United States.Terminates the Commission six months after submission of its final report."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act''. SEC. 2. AMENDMENT TO TITLE 31. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) If any regular appropriation bill for a fiscal year (or, if applicable, for each fiscal year in a biennium) does not become law before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(A) the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year; ``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year; ``(C) the rate of operations provided for in the regular appropriation bill as passed by the House of Representatives or the Senate for the fiscal year in question, except that the lower of these two versions shall be ignored for any project or activity for which there is a budget request if no funding is provided for that project or activity in either version; or ``(D) the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; or ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law. ``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(f) For purposes of this section, the term `regular appropriation bill' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(1) Agriculture, rural development, Food and Drug Administration, and related agencies programs. ``(2) The Departments of Commerce, Justice, Science, and related agencies. ``(3) The Department of Defense. ``(4) Energy and water development, and related agencies. ``(5) Financial services and general government. ``(6) The Department of Homeland Security. ``(7) The Department of Interior, environment, and related agencies. ``(8) The Department of Labor, Health and Human Services, and Education, and related agencies. ``(9) The legislative branch. ``(10) Military construction and veterans affairs. ``(11) The Department of State, foreign operations, and related programs. ``(12) The Transportation, Housing and Urban Development, and related agencies.''. (b) Clerical Amendment.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''.", "summary": "Government Shutdown Prevention Act - Provides for automatic continuing appropriations if any regular appropriation for a fiscal year (or, if applicable, for each fiscal year in a biennium) does not become law before the beginning of such fiscal year, or a joint resolution making continuing appropriations is not in effect. Appropriates amounts necessary to continue any project or activity for which funds were provided in the preceding fiscal year: (1) in the corresponding regular appropriation Act for such preceding fiscal year; or (2) if such legislation did not become law, then in the joint resolution making continuing appropriations for such preceding fiscal year. Requires the appropriations and funds made available, and authority granted, for any fiscal year for a project or activity to be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of: (1) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; or (2) the last day of such fiscal year."}
{"article": "SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``International Megan's Law to Prevent Demand for Child Sex Trafficking''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Angel Watch Center. Sec. 5. Sense of Congress provisions. Sec. 6. Enhancing the minimum standards for the elimination of trafficking. Sec. 7. Assistance to foreign countries to meet minimum standards for the elimination of trafficking. Sec. 8. Rules of Construction. SEC. 2. FINDINGS. Congress finds the following: (1) Megan Nicole Kanka, who was 7 years old, was abducted, sexually assaulted, and murdered in 1994, in the State of New Jersey by a violent predator living across the street from her home. Unbeknownst to Megan Kanka and her family, he had been convicted previously of a sex offense against a child. (2) In 1996, Congress adopted Megan's Law (Public Law 104- 145) as a means to encourage States to protect children by identifying the whereabouts of sex offenders and providing the means to monitor their activities. (3) In 2006, Congress passed the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) to protect children and the public at large by establishing a comprehensive national system for the registration and notification to the public and law enforcement officers of convicted sex offenders. (4) Law enforcement reports indicate that known child-sex offenders are traveling internationally, and that the criminal background of such individuals may not be known to local law enforcement prior to their arrival. (5) The commercial sexual exploitation of minors in child sex trafficking and pornography is a global phenomenon. The International Labour Organization has estimated that 1.8 million children worldwide are victims of child sex trafficking and pornography each year. (6) Child sex tourism, where an individual travels to a foreign country and engages in sexual activity with a child in that country, is a form of child exploitation and, where commercial, child sex trafficking. (7) According to research conducted by The Protection Project of The Johns Hopkins University Paul H. Nitze School of Advanced International Studies, sex tourists from the United States who target children form a significant percentage of child sex tourists in some of the most significant destination countries for child sex tourism. (8) In order to protect children, it is essential that United States law enforcement be able to identify child-sex offenders in the United States who are traveling abroad and child-sex offenders from other countries entering the United States. Such identification requires cooperative efforts between the United States and foreign governments. In exchange for providing notice of child-sex offenders traveling to the United States, foreign authorities will expect United States authorities to provide reciprocal notice of child-sex offenders traveling to their countries. SEC. 3. DEFINITIONS. In this Act: (1) Center.--The term ``Center'' means the Angel Watch Center established pursuant to section 4(a). (2) Child-sex offender.-- (A) In general.--The term ``child-sex offender'' means an individual who is a sex offender described in paragraph (3) or (4) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911) by reason of being convicted of a child-sex offense. (B) Definition of convicted.--In this paragraph, the term ``convicted'' has the meaning given the term in paragraph (8) of section 111 of such Act. (3) Child-sex offense.-- (A) In general.--The term ``child-sex offense'' means a specified offense against a minor, as defined in paragraph (7) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911), including-- (i) an offense (unless committed by a parent or guardian) involving kidnapping; (ii) an offense (unless committed by a parent or guardian) involving false imprisonment; (iii) solicitation to engage in sexual conduct; (iv) use in a sexual performance; (v) solicitation to practice prostitution; (vi) video voyeurism as described in section 1801 of title 18, United States Code; (vii) possession, production, or distribution of child pornography; (viii) criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; and (ix) any conduct that by its nature is a sex offense against a minor. (B) Other offenses.--The term ``child-sex offense'' includes a sex offense described in paragraph (5)(A) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 that is a specified offense against a minor, as defined in paragraph (7) of such section. (C) Foreign convictions; offenses involving consensual sexual conduct.--The limitations contained in subparagraphs (B) and (C) of section 111(5) of the Adam Walsh Child Protection and Safety Act of 2006 shall apply with respect to a child-sex offense for purposes of this Act to the same extent and in the same manner as such limitations apply with respect to a sex offense for purposes of the Adam Walsh Child Protection and Safety Act of 2006. (4) Jurisdiction.--The term ``jurisdiction'' means any of the following: (A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) To the extent provided in, and subject to the requirements of, section 127 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16927), a federally recognized Indian tribe. (5) Minor.--The term ``minor'' means an individual who has not attained the age of 18 years. SEC. 4. ANGEL WATCH CENTER. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish within the Child Exploitation Investigations Unit of United States Immigration and Customs Enforcement (ICE) of the Department of Homeland Security a Center, to be known as the ``Angel Watch Center'', to carry out the activities specified in subsection (d). (b) Leadership.--The Center shall be headed by the Director of ICE, in collaboration with the Commissioner of United States Customs and Border Protection (CBP) and in consultation with the Attorney General. (c) Members.--The Center shall consist of the following: (1) The Director of ICE. (2) The Commissioner of CBP. (3) Individuals who are designated as analysts in ICE or CBP. (4) Individuals who are designated as program managers in ICE or CBP. (d) Activities.-- (1) In general.--The Center shall carry out the following activities: (A) Receive information on travel by child-sex offenders. (B) Establish a system to maintain and archive all relevant information, including the response of destination countries to notifications under subsection (e) where available, and decisions not to transmit notification abroad. (C) Establish an annual review process to ensure that the Center is consistent in procedures to provide notification to destination countries or not to provide notification to destination countries, as appropriate. (2) Information required.--The United States Marshals Service's National Sex Offender Targeting Office shall make available to the Center information on travel by child-sex offenders in a timely manner for purposes of carrying out the activities described in paragraph (1) and (e). (e) Notification.-- (1) To countries of destination.-- (A) In general.--The Center may transmit notice of impending or current international travel of a child- sex offender to the country or countries of destination of the child-sex offender, including to the visa- issuing agent or agents in the United States of the country or countries. (B) Form.--The notice under this paragraph may be transmitted through such means as determined appropriate by the Center, including through an ICE attache. (2) To offenders.-- (A) General notification.-- (i) In general.--If the Center transmits notice under paragraph (1) of impending international travel of a child-sex offender to the country or countries of destination of the child-sex offender, the Secretary of Homeland Security, in conjunction with any appropriate agency, shall make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender prior to the child-sex offender's arrival in the country or countries. (ii) Exception.--The requirement to provide constructive notice under clause (i) shall not apply in the case of impending international travel of a child-sex offender to the country or countries of destination of the child-sex offender if such constructive notice would conflict with an existing investigation involving the child-sex offender. (B) Specific notification regarding risk to life or well-being of offender.--If the Center has reason to believe that to transmit notice under paragraph (1) poses a risk to the life or well-being of the child-sex offender, the Center shall make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender of such risk. (C) Specific notification regarding probable denial of entry to offender.--If the Center has reason to believe that a country of destination of the child-sex offender is highly likely to deny entry to the child- sex offender due to transmission of notice under paragraph (1), the Center shall make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender of such probable denial. (3) Sunset.--The authority of paragraph (1) shall terminate with respect to a child-sex offender beginning as of the close of the last day of the registration period of such child-sex offender under section 115 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16915). (f) Complaint Review.--The Center shall establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries of such child-sex offenders under subsection (e). (g) Consultations.--The Center shall seek to engage in ongoing consultations with-- (1) nongovernmental organizations, including faith-based organizations, that have experience and expertise in identifying and preventing child sex tourism and rescuing and rehabilitating minor victims of international sexual exploitation and trafficking; (2) the governments of countries interested in cooperating in the creation of an international sex offender travel notification system or that are primary destination or source countries for international sex tourism; and (3) Internet service and software providers regarding available and potential technology to facilitate the implementation of an international sex offender travel notification system, both in the United States and in other countries. (h) Technical Assistance.--The Secretary of Homeland Security and the Secretary of State may provide technical assistance to foreign authorities in order to enable such authorities to participate more effectively in the notification program system established under this section. SEC. 5. SENSE OF CONGRESS PROVISIONS. (a) Bilateral Agreements.--It is the sense of Congress that the President should negotiate memoranda of understanding or other bilateral agreements with foreign governments to further the purposes of this Act and the amendments made by this Act, including by-- (1) establishing systems to receive and transmit notices as required by title I of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); and (2) establishing mechanisms for private companies and nongovernmental organizations to report on a voluntary basis suspected child pornography or exploitation to foreign governments, the nearest United States embassy in cases in which a possible United States citizen may be involved, or other appropriate entities. (b) Notification to the United States of Child-sex Offenses Committed Abroad.--It is the sense of Congress that the President should formally request foreign governments to notify the United States when a United States citizen has been arrested, convicted, sentenced, or completed a prison sentence for a child-sex offense in the foreign country. SEC. 6. ENHANCING THE MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING. Section 108(b)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)(4)) is amended by adding at the end before the period the following: ``, including severe forms of trafficking in persons related to sex tourism''. SEC. 7. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING. The President is strongly encouraged to exercise the authorities of section 134 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152d) to provide assistance to foreign countries directly, or through nongovernmental and multilateral organizations, for programs, projects, and activities, including training of law enforcement entities and officials, designed to establish systems to identify sex offenders and provide and receive notification of child sex offender international travel. SEC. 8. RULES OF CONSTRUCTION. (a) Department of Justice.--Nothing in this Act shall be construed to preclude or alter the jurisdiction or authority of the Department of Justice under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.), including section 113(d) of such Act, or any other provision law, or to affect the work of the United States Marshals Service with INTERPOL. (b) Angel Watch Center.--Nothing in this Act shall be construed to preclude the Angel Watch Center from transmitting notice with respect to any sex offender described in paragraph (3) or (4) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911) or with respect to any sex offense described in paragraph (5) of such section.", "summary": "(This measure has not been amended since it was passed by the House on May 20, 2014. International Megan's Law to Prevent Demand for Child Sex Trafficking - (Sec. 4) Directs the Secretary of Homeland Security (DHS) to establish within the Child Exploitation Investigations Unit of U.S. Immigration and Customs Enforcement (ICE) the Angel Watch Center, which shall: (1) receive information on travel by child-sex offenders; (2) establish a system to maintain and archive all relevant information, including decisions not to transmit notification abroad and responses of destination countries to notifications; (3) establish an annual review process to ensure that the Center is consistent in procedures regarding providing notification to destination countries; and (4) establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries. Authorizes the Center to transmit notice to a destination country (including to such country's visa-issuing agents in the United States) of impending or current international travel of a child-sex offender to such country. Requires the Secretary, in conjunction with any appropriate agency, if the Center transmits such notice to a destination country, to make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender prior to such offender's arrival in such country, except when such constructive notice would conflict with an existing investigation involving the offender. Requires the Center to make reasonable efforts to provide constructive notice to such offender if the Center has reason to believe that transmitting notice to a destination country: (1) poses a risk to the life or well-being of the offender, or (2) is highly likely to result in the destination country denying entry to the offender. Terminates the authority of the Center to transmit such notice of international travel of a child-sex offender as of the close of the last day of the registration period of such offender under the Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act). Directs the Center to establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries. Requires the Center to engage in ongoing consultations with: (1) nongovernmental organizations that have experience in identifying and preventing child sex tourism and rescuing and rehabilitating minor victims of international sexual exploitation and trafficking, (2) the governments of countries interested in cooperating in the creation of an international sex offender travel notification system or that are primary destination or source countries for international sex tourism, and (3) Internet service and software providers regarding technology to facilitate the implementation of an international sex offender travel notification system in the United States and in other countries. Authorizes the Secretary of Homeland Security and the Secretary of State to provide technical assistance to enable foreign authorities to participate more effectively in the notification program system. (Sec. 5) Expresses the sense of Congress that the President should: (1) negotiate bilateral agreements with foreign governments to further the purposes of this Act; and (2) formally request foreign governments to notify the United States when a U.S. citizen has been arrested, convicted, or sentenced or has completed a prison sentence for a child-sex offense in the foreign country. (Sec. 6) Amends the Trafficking Victims Protection Act of 2000 to include, as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons, a country's cooperation with other governments in the investigation and prosecution of such trafficking, including trafficking related to sex tourism. (Sec. 7) Encourages the President to use authorities under the Foreign Assistance Act of 1961 to assist foreign countries in identifying sex offenders and providing and receiving notification of child sex offender international travel."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Expansion Act''. SEC. 2. ELIGIBILITY FOR FARM LOANS. (a) Farm Ownership Loans.--Section 302(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)) is amended-- (1) by striking ``(a) In General.--The'' and inserting the following: ``(a) In General.-- ``(1) Eligibility requirements.--The''; (2) in paragraph (1) (as designated by paragraph (1))-- (A) in the first sentence, by striking ``and limited liability companies'' and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate,''; and (B) in the second sentence-- (i) by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate''; (ii) by striking ``(1)'' and inserting ``(A)''; (iii) by striking ``(2)'' and inserting ``(B)''; (iv) by striking ``(3)'' and inserting ``(C)''; and (v) by striking ``(4)'' and inserting ``(D)''; (3) in the third sentence-- (A) by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate''; (B) by striking ``(3)'' and inserting ``(C)''; and (C) by striking ``(4)'' and inserting ``(D)''; and (4) by adding at the end the following: ``(2) Special rules regarding determinations.-- ``(A) Eligibility of certain operating-only entities.--An entity that is, or will become, only the operator of a family farm shall be determined by the Secretary to meet each owner-operator requirement described in paragraph (1) if the 1 or more individuals who are the owners of the family farm own-- ``(i) a percentage of the family farm that exceeds 50 percent; or ``(ii) such other percentage that the Secretary determines to be appropriate. ``(B) Eligibility of certain embedded entities.--An entity that is an owner-operator described in paragraph (1), or an operator described in subparagraph (A), that is owned, in whole or in part, by 1 or more other entities, shall be determined by the Secretary to meet the direct ownership requirement described in paragraph (1) if not less than 75 percent of the ownership interests of each embedded entity of the entity is owned directly or indirectly by the 1 or more individuals who own the family farm.''. (b) Conservation Loans.--Section 304(c)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(c)(1)) is amended by striking ``or limited liability companies'' and inserting ``limited liability companies, or such other legal entities that the Secretary determines to be appropriate,''. (c) Farm Operating Loans.--Section 311(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(a)) is amended-- (1) by striking ``(a) In General.--The'' and inserting the following: ``(a) In General.-- ``(1) Eligibility requirements.--The''; (2) in paragraph (1) (as designated by paragraph (1))-- (A) in the first sentence, by striking ``and limited liability companies'' and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate,''; and (B) in the second sentence-- (i) by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate''; (ii) by striking ``(1)'' and inserting ``(A)''; (iii) by striking ``(2)'' and inserting ``(B)''; (iv) by striking ``(3)'' and inserting ``(C)''; and (v) by striking ``(4)'' and inserting ``(D)''; (3) in the third sentence-- (A) by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate''; (B) by striking ``(3)'' and inserting ``(C)''; and (C) by striking ``(4)'' and inserting ``(D)''; and (4) by adding at the end the following: ``(2) Special rules regarding determinations.--An entity that is an operator described in paragraph (1) that is owned, in whole or in part, by 1 or more other entities, shall be determined by the Secretary to meet the direct ownership requirement described in paragraph (1) if not less than 75 percent of the ownership interests of each embedded entity of the entity is owned directly or indirectly by the 1 or more individuals who own the family farm.''. (d) Emergency Loans.--Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended-- (1) in the first sentence, in the matter preceding the proviso-- (A) by striking ``owner-operators (in the case of loans for a purpose under subtitle A) or operators (in the case of loans for a purpose under subtitle B)'' each place it appears and inserting ``(in the case of farm ownership loans in accordance with subtitle A) owner-operators or operators, or (in the case of loans for a purpose under subtitle B) operators''; (B) by striking ``or limited liability companies'' the first place it appears and inserting ``limited liability companies, or such other legal entities that the Secretary determines to be appropriate''; and (C) by striking ``or limited liability companies'' the second place it appears and inserting ``limited liability companies, or such other legal entities''; (2) in the second sentence of the proviso-- (A) by striking ``and limited liability companies'' and inserting ``limited liability companies, and such other legal entities''; and (B) by striking ``ownership and operator'' and inserting ``ownership or operator''; and (3) by adding at the end the following: ``An entity that is an owner-operator or operator described in this subsection shall be determined by the Secretary to meet the direct ownership requirement described in this subsection if the entity is owned, in whole or in part, by 1 or more other entities and each individual who is an owner of the family farm involved has a direct or indirect ownership interest in each of the other entities.''. (e) Conforming Amendments.-- (1) Section 304(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(c)(2)) is amended by striking ``paragraphs (1) and (2) of section 302(a)'' and inserting ``clauses (A) and (B) of section 302(a)(1)''. (2) Section 310D(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1934(a)) is amended-- (A) in the first sentence, by striking ``paragraphs (2) through (4) of section 302'' and inserting ``clauses (B) through (D) of section 302(a)(1)''; and (B) in the second sentence-- (i) by striking ``farm cooperative or private domestic corporation or partnership'' and inserting ``farm cooperative, private domestic corporation, partnership, or such other legal entity that the Secretary determines to be appropriate,''; and (ii) by striking ``or partners'' and inserting ``partners, or owners''. (3) Section 343(a)(11) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(11)) is amended-- (A) in subparagraph (C)-- (i) by striking ``or joint operation'' and inserting ``joint operation, or such other legal entity that the Secretary determines to be appropriate''; and (ii) by striking ``or joint operators'' and inserting ``joint operators, or owners''; and (B) in subparagraph (D)-- (i) in clause (i)(II)(aa)-- (I) by striking ``or joint operation'' and inserting ``joint operation, or such other legal entity''; and (II) by striking ``or joint operators'' and inserting ``joint operators, or owners''; and (ii) in clause (ii)(II)(aa)-- (I) by striking ``or joint operation'' and inserting ``joint operation, or such other legal entity''; and (II) by striking ``or joint operators'' and inserting ``joint operators, or owners''. (4) Section 359(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2006a(c)(2)) is amended by striking ``section 302(a)(2) or 311(a)(2)'' and inserting ``clause (B) of section 302(a)(1) or clause (B) of section 311(a)(1)''. SEC. 3. PURPOSES OF CERTAIN DIRECT LOANS. Section 303(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1923(a)(1)) is amended-- (1) in subparagraph (D), by striking ``or'' at the end; (2) in subparagraph (E)(ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(F) refinancing 1 or more loans made or guaranteed under this subtitle.''. SEC. 4. REPEAL OF CERTAIN LOAN TERM LIMITS. (a) Direct Loans.--Section 311 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941) is amended by striking subsection (c). (b) Limitation on Period Borrowers Are Eligible for Guaranteed Assistance.--Section 319 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1949) is amended-- (1) by striking ``(a) Graduation Plan.--The Secretary'' and inserting ``The Secretary''; and (2) by striking subsection (b).", "summary": "Agricultural Credit Expansion Act - Amends the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency operating loans, farm ownership loans, conservation loans, and emergency loans. Deems specified embedded entities (an entity owned wholly or in part by another entity) eligible for farm ownership and operating loans. Deems specified operating-only entities eligible for farm ownership loans. Directs the Secretary of Agriculture (USDA) to determine that an entity that is an owner-operator or operator meets the direct ownership loan requirement if it is owned in whole or in part by other entities and each individual that is an owner of the family farm involved has an ownership interest in each of the other entities. Permits direct loans to be used to refinance Farm Service Agency loans or guaranteed loans. Eliminates the 15-year limitation on the period operating loan borrowers are eligible for guaranteed assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Prevention, Education, and Awareness Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nearly one-third of American women report being physically or sexually abused by a husband or boyfriend at some point in their lives. (2) Family violence costs the nation between $5,000,000,000 and $10,000,000,000 each year in medical expenses, police and court costs, shelters and foster care, sick leave, absenteeism, and nonproductivity. (3) The United States is becoming increasingly multicultural, and racial and ethnic minorities are expected to constitute approximately 50 percent of the United States population by 2050. (4) Two-thirds of female immigrants to the United States originate from Asia, Latin America, the Caribbean, and the Middle East, and they migrate here to seek economic security, reunify their families, or escape prosecution. (5) Racial and ethnic minority women and immigrant women face unique challenges to reporting and getting help for domestic violence. (6) Structural inequalities experienced by racial and ethnic minority communities and immigrant communities, including poverty and discrimination, may contribute to higher rates of violence. (7) Problems of domestic violence are exacerbated for immigrants when spouses control the immigration status of their family members, and abusers use threats of refusal to file immigration papers and threats to deport spouses and children as powerful tools to prevent battered immigrant women from seeking help, trapping battered immigrant women in violent homes because of fear of deportation. (8) Many racial and ethnic minority women and immigrant women face cultural barriers to reporting abuse or seeking help for domestic violence, including but not limited to strong religious beliefs that stress the importance of keeping family intact, fear of dishonor, or a belief that negative events occur regardless of attempts to prevent them. (9) Many racial and ethnic minority women and immigrant women also face institutional barriers to reporting abuse or seeking help for domestic violence, including but not limited to restrictions on public assistance, limited access to immigration relief, lack of translators or bilingual professionals, little educational material in the woman's native language, treatment programs that do not take into account ethnic and cultural differences, prohibitive fee structures, and inflexible or inconvenient hours of operation. SEC. 3. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS TO EDUCATE RACIAL AND ETHNIC MINORITY COMMUNITIES AND IMMIGRANT COMMUNITIES ABOUT DOMESTIC VIOLENCE. (a) In General.--From amounts made available to carry out this section, the Attorney General, acting through the Violence Against Women Office, shall make grants to public or private nonprofit entities, States, and Indian tribes and tribal organizations to carry out public information campaigns for the purpose of educating racial and ethnic minority communities and immigrant communities about domestic violence, including the effects of domestic violence, methods of preventing or reducing domestic violence, and services available to victims of domestic violence. (b) Use of Grant Amounts.--Grant amounts under this section may be used only to carry out public information campaigns for the purpose specified in subsection (a) and to provide staffing appropriate to carrying out the campaigns. (c) Elements of Campaigns.--Each public information campaign carried out under this section shall consist of one or more of the following elements: (1) Public service announcements. (2) Paid educational messages for print media. (3) Public transit advertising. (4) Electronic broadcast media. (5) Any other mode of conveying information that the Attorney General determines to be appropriate. (d) Requirements for Grant.--The Attorney General may award a grant under this section to an applicant only if the Attorney General determines that-- (1) the campaign will be carried out in consultation with local domestic violence advocates or State domestic violence coalitions; (2) the campaign is designed to be conducted in a culturally sensitive manner using one or more culturally appropriate languages; (3) the applicant has an adequate plan to test-market the campaign with a relevant community or group in the relevant geographic area, and will carry out that plan; and (4) the applicant will use effectiveness criteria in carrying out the campaign and an evaluation component to measure the effectiveness of the campaign. (e) Award Criteria.--In awarding grants under this section, the Attorney General shall consider the following criteria: (1) Whether the applicant has, or will be partnering with an entity that has, a record of high quality campaigns of a comparable type. (2) Whether the applicant has, or will be partnering with an entity that has, a record of high quality campaigns that educate the communities and groups at greatest risk of domestic violence. (f) Application.-- (1) In general.--To be eligible to receive a grant under this section, a State or entity must submit to the Attorney General an application that meets the requirements of paragraph (2). (2) Requirements.--An application submitted under this subsection shall be in such form, and submitted in such manner, as the Attorney General may prescribe, and shall include the following matters: (A) A complete description of applicant's plan for the proposed public information campaign. (B) An identification of the specific communities and groups to be educated by the campaign, and a description of how the campaign will educate the communities and groups at greatest risk of domestic violence. (C) The plans of the applicant with respect to working with organizations that have expertise in developing culturally appropriate informational messages. (D) A description of the geographic distribution of the campaign. (E) An identification of the media organizations and other groups through which the campaign will be carried out and any memorandum of understanding or other agreement under which the campaign will be carried out. (F) A description of the nature, amount, distribution, and timing of informational messages to be used in the campaign. (G) Such information and assurances as the Attorney General may require to determine whether the requirements specified in subsection (d) will be satisfied, and whether the criteria specified in subsection (e) apply. (H) Such other information and assurances as the Attorney General may require. (g) Definition.--For purposes of this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and any other territory or possession of the United States. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act.", "summary": "Domestic Violence Prevention, Education, and Awareness Act - Requires the Attorney General, acting through the Violence Against Women Office, to make grants to public or private nonprofit entities, States, and Indian tribes and tribal organizations to carry out public information campaigns to educate racial and ethnic minority communities and immigrant communities about domestic violence, including its effects, methods of preventing or reducing it, and available services to such victims."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy High Energy and Nuclear Physics Authorization Act of 1994''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``CERN'' means the European Organization for Nuclear Research; (2) the term ``construction'' means all activities necessary for completion of a project and its supporting infrastructure, and includes conventional construction and the research, development, design, fabrication, installation, testing, and preoperation of technical sytems; (3) the term ``conventional construction'' means the design and construction of civil works, facilities, and other infrastructure necessary to construct a project, including tunnels, buildings, and roads, necessary to house and support the technical systems, and utilities as necessary for the direct support of elements of a project; (4) the term ``Department'' means the Department of Energy; (5) the term ``Large Hadron Collider project'' means the Large Hadron Collider project at CERN; and (6) the term ``Secretary'' means the Secretary of Energy. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) High Energy Physics.--There are authorized to be appropriated to the Secretary for high energy physics activities of the Department-- (1) $695,400,000 for fiscal year 1996; (2) $719,700,000 for fiscal year 1997; (3) $744,900,000 for fiscal year 1998; and (4) $713,600,000 for fiscal year 1999. Funds authorized under paragraphs (1) through (4) may be expended for the B-factory at the Stanford Linear Accelerator Center and the Fermilab Main Injector. No funds are authorized for United States participation in the planning and construction of the Large Hadron Collider project until the Secretary certifies to the Congress that there is an international agreement that includes the provisions described in section 4(a). (b) Nuclear Physics.--There are authorized to be appropriated to the Secretary for nuclear physics activities of the Department-- (1) $337,100,000 for fiscal year 1996, of which not more than $15,000,000 shall be used for preparation for decontamination and decommissioning of the Los Alamos Meson Physics Facility; (2) $348,900,000 for fiscal year 1997; (3) $361,100,000 for fiscal year 1998; and (4) $373,700,000 for fiscal year 1999. None of the funds authorized under paragraph (2), (3), or (4) are authorized to be appropriated for the operation of the Los Alamos Meson Physics Facility. Funds authorized under paragraphs (1) through (4) may be expended for the Relativistic Heavy Ion Collider at Brookhaven National Laboratory. (c) Limitation on Major Construction Projects.--No funds may be expended for any high energy and nuclear physics facility construction project of the Department, with total project expenditures projected to be in excess of $100,000,000, unless funds are specifically authorized for such purposes in an Act that is not an appropriations Act. SEC. 4. THE LARGE HADRON COLLIDER PROJECT. (a) Negotiations.--The Secretary shall enter into negotiations with CERN concerning United States participation in the planning and construction of the Large Hadron Collider project, and shall seek to ensure that any agreement incorporates provisions to protect the United States investment in the project, including provisions for-- (1) fair allocation of costs and benefits among project participants; (2) a limitation on the amount of United States contribution to project construction and subsequent operating costs; (3) a cost and schedule control system for the total project; (4) the projected cost and schedule for all component design, testing, and fabrication, including technical goals and milestones; (5) the projected cost and schedule for total project construction and operation, including technical goals and milestones; (6) reconsideration of the extent of United States participation if technical or operational milestones described in paragraphs (4) and (5) are not met, or if the project falls significantly behind schedule; and (7) conditions of access for United States and other scientists to the facility. (b) Other International Negotiations.--Nothing in this Act shall be construed to preclude the President from entering into negotiations with respect to international science agreements. SEC. 5. OPERATING PLAN. Within 30 days after the date of the enactment of any Act appropriating funds for the high energy or nuclear physics activities of the Department, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a plan for the operations of the high energy and nuclear physics activities of the Department, as adjusted to reflect the amounts appropriated for such purposes by such Act. SEC. 6. LONG-RANGE PLANNING AND GOVERNANCE. (a) Program Governance Review.-- (1) Requirement.--The Secretary shall contract with an appropriate independent organization to review the governance of all elements of the Department's high energy and nuclear physics programs. Such review shall include-- (A) a performance review of the effectiveness of the Department's management policies and procedures, including an evaluation of departmental staff allocation and the staff allocation and funding balance among facility operations, construction, and research support; (B) an evaluation of the appropriateness of the current application of administrative, environmental, health, and safety regulations to the high energy and nuclear physics laboratories of the Department; and (C) an analysis of the extent to which the Department's high energy and nuclear physics advisory groups represent the diversity of, and the full range of interests among, high energy and nuclear physics researchers. (2) Report to congress.--The Secretary shall submit a report to Congress within 9 months after the date of enactment of this Act detailing the results of the review required by this section, including recommendations for implementing the results and schedules for such implementation. (b) Long-Range Plan.-- (1) Requirement.--The Secretary and the Director of the National Science Foundation shall jointly prepare, in consultation with the high energy physics and nuclear physics communities, a long-range plan for Federal high energy and nuclear physics programs based on current and projected program funding levels. The plan shall be modified every two years. The long-range plan shall include-- (A) a list of research opportunities to be pursued, including both ongoing and proposed activities, listed in order of priority; (B) an analysis of the relevance of each research facility to the research opportunities listed under subparagraph (A); (C) a statement of the optimal balance among facility operations, construction, and research support and the optimal balance between university and laboratory research programs; (D) schedules for continuation, consolidation, or termination of each research program, and continuation, upgrade, transfer, or closure of each research facility; (E) a statement by project of efforts to coordinate research projects with the international community to maximize the use of limited resources and avoid unproductive duplication of efforts; and (F) a description of the extent to which the biennial plan modifications differ from previous plans submitted under this subsection, along with an explanation for such differences. (2) Reports to congress.--(A) The Secretary shall transmit a copy of the original long-range plan with the President's annual budget request to Congress for fiscal year 1997. The plan as modified shall be submitted with the President's budget request to Congress for each subsequent fiscal year ending in an odd number. (B) The Secretary shall transmit with the President's budget request to Congress each year a report demonstrating the consistency of the current long-range plan with the budget being requested for the Department's high energy and nuclear physics programs. (c) Capital Budget Account.--Each of the President's annual budget requests to the Congress for high energy physics activities of the Department, and for nuclear physics activities of the Department, shall distinguish between the budget for capital expenditures, including all ongoing and planned major construction and capital equipment items, and other activities.", "summary": "Department of Energy High Energy and Nuclear Physics Authorization Act of 1994 - Authorizes appropriations for FY 1996 through 1999 for high energy physics and nuclear physics activities of the Department of Energy (DOE). Instructs the Secretary of Energy to: (1) enter into negotiations with the European Organization for Nuclear Research (CERN) regarding U.S. participation in the planning and construction of the Large Hadron Collider project; (2) submit an operations plan to certain congressional committees subsequent to enactment of appropriations for DOE high energy or nuclear activities; (3) contract with an independent organization to review the governance of DOE high energy and nuclear physics programs; and (4) report to the Congress on a mandated long-range plan prepared jointly with the Director of the National Science Foundation regarding Federal high energy and nuclear physics programs based on current and projected funding levels. Mandates that each of the President's annual budget requests for DOE high energy and nuclear physics activities distinguish between the budget for capital expenditures and other activities."}
{"article": "SECTION 1. REMOVAL OF 18 OR 36 MONTH LIMITATION ON COBRA CONTINUATION COVERAGE. (a) Under ERISA.-- (1) In general.--Subparagraph (A) of section 602(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)) is amended to read as follows: ``(A) No specified maximum required period.--Except as otherwise provided, there is no specified deadline for the continuation coverage provided under this part.''. (2) Increased premium permitted for additional coverage.-- The last sentence of section 602(3) of such Act is amended to read as follows: ``In the case of an individual who was described in the last sentence of paragraph (2)(A), as in effect before the amendment made by section 2(a)(1) of the Health Insurance For Life Act of 2006, for any month after the 18th month of continuation coverage described in clause (i) or (ii) of such paragraph and in the case of an individual whose continuation coverage is only required under this part due to such amendment, any reference in subparagraph (A) of this paragraph to `102 percent' is deemed a reference to such percentage as the Secretary of Health and Human Services determines (from time to time and after consultation with the Secretary of Labor and the Secretary of the Treasury) that if were applied during the period of the first 18 months of continuation coverage under this part would have resulted in a premium equal to the average monthly actuarial cost of such continuation coverage.''. (b) Under IRC.-- (1) In general.--Clause (i) of section 4980B(f)(2)(B) of the Internal Revenue Code of 1986 (relating to maximum required period of continuation coverage) is amended to read as follows: ``(i) No specified maximum required period.--Except as otherwise provided, there is no specified deadline for the continuation coverage provided under this section.''. (2) Increased premium permitted for additional coverage.-- The last sentence of section 4980B(f)(2)(C) of such Code is amended to read as follows: ``In the case of an individual who was described in the last sentence of subparagraph (B)(i), as in effect before the amendment made by section 2(b)(1) of the Health Insurance For Life Act of 2006, for any month after the 18th month of continuation coverage described in subclause (I) or (II) of such subparagraph and in the case of an individual whose continuation coverage is only required under this section due to such amendment, any reference in clause (i) of this subparagraph to `102 percent' is deemed a reference to such percentage as the Secretary of Health and Human Services determines from time to time under the last sentence of section 602(e) of the Employee Retirement Income Security Act of 1974.''. (c) Under PHSA.-- (1) In general.--Subparagraph (A) of section 2202(2) of the Public Health Service Act (42 U.S.C. 300bb-2(2)) is amended to read as follows: ``(A) No specified maximum required period.--Except as otherwise provided, there is no specified deadline for the continuation coverage provided under this part.''. (2) Increased premium permitted for additional coverage.-- The last sentence of section 2202(3) of such Act is amended to read as follows: ``In the case of an individual who was described in the last sentence of paragraph (2)(A), as in effect before the amendment made by section 2(c)(1) of the Health Insurance For Life Act of 2006, for any month after the 18th month of continuation coverage described in clause (i) or (ii) of such paragraph and in the case of an individual whose continuation coverage is only required under this part due to such amendment, any reference in subparagraph (A) of this paragraph to `102 percent' is deemed a reference to such percentage as the Secretary of Health and Human Services determines from time to time under the last sentence of section 602(e) of the Employee Retirement Income Security Act of 1974.''. (d) FEHBP.-- (1) In general.--Subsection (e) of section 8905a of title 5, United States Code, is amended to read as follows: ``(e) Continuation coverage under this section shall not extend beyond the period of continuation required under section 602(2) of the Employee Retirement Income Security Act of 1974 for a group health plan covered under such section.''. (2) Increased premium permitted for additional coverage.-- Section 8905a(d) of such title is amended-- (A) in paragraph (1)(A), by striking ``and (5)'' and inserting ``, (5), and (6)''; (B) in paragraph (4)(A), in the matter before clause (i), by inserting ``for periods of continuation coverage not resulting from the amendment made by section 2(d)(1) of the Health Insurance For Life Act of 2006'' after ``National Nuclear Security Administration''; (C) in paragraph (5)(A), in the matter before clause (i), by inserting ``for periods of continuation coverage not resulting from the amendment made by section 2(d)(1) of the Health Insurance For Life Act of 2006'' after ``Atomic Energy Defense Act''; and (D) by adding at the end the following new paragraph: ``(6) In the case of any period of continuation coverage under this section resulting from the amendment made by section 2(d)(1) of the Health Insurance For Life Act of 2006, the amount required to be paid under this subsection shall be equal to a percentage (equal to such percentage as the Secretary of Health and Human Services determines from time to time under the last sentence of section 602(e) of the Employee Retirement Income Security Act of 1974) applied to the amount described in paragraph (1)(A)(i).''. (e) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by subsections (a) through (c) shall apply with respect to group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning after the date of the enactment of this Act and the amendments made by subsection (d) shall apply to contract years beginning after the date of the enactment of this Act. (2) Treatment of collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by subsections (a) through (c) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act); or (B) 2 years after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement.", "summary": "Amends the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and the Public Health Service Act to remove all limitations on Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage that establish a period by which such coverage must end, and instead provides no deadline for discontinuing such coverage. Sets forth a formula to determine the maximum allowable premium that certain qualified disabled beneficiaries and individuals receiving extended coverage provided pursuant to this Act may be charged based on the average monthly actuarial cost of such continuation coverage. Applies such provisions to continuation coverage provided pursuant to the Federal Employee Health Benefits Program (FEHBP)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Fuel Vehicles Intermodal Transportation Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Alternative fuel vehicle.-- (A) In general.--The term ``alternative fuel vehicle'' means a motor vehicle that is powered by-- (i) in whole or in part, electricity, including that supplied by a fuel cell that is not powered by gasoline or diesel; (ii) liquefied natural gas; (iii) compressed natural gas; (iv) liquefied petroleum gas; (v) hydrogen; or (vi) methanol at no less than 85 percent by volume. (B) Exclusions.--The term ``alternative fuel vehicle'' shall not include any vehicle capable of operating solely on gasoline or diesel. (2) Pilot program.--The term ``pilot program'' means the grant program established under section 4(a). (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 3. PURPOSE. The purpose of this Act is-- (1) to establish a pilot program to demonstrate the use of alternative fuel vehicles in linked systems of transportation, enhance the usefulness of public transportation systems, protect the environment, and speed the deployment of alternative fuel vehicle technology; and (2) to encourage partnerships between the public and private sectors. SEC. 4. ALTERNATIVE FUELS INTERMODAL TRANSPORTATION PILOT PROGRAM. (a) In General.--The Secretary shall establish a competitive grant program to assist States, localities, and governmental authorities to purchase, operate, and facilitate the use of alternative fuel vehicles in linked transportation systems. (b) Eligible Projects.--To receive Federal assistance under the pilot program, a proposal shall-- (1) have been made in accordance with the application requirements of subsection (e); (2) include only projects that provide new options in a locality for moving passengers or goods in alternative fuel vehicles; and (3) include at least one project to enable passengers or goods to be transferred directly from one alternative fuel vehicle to another in a linked transportation system. (c) Funding Limitations.-- (1) Maximum number of grants.--The Secretary shall not provide grants to more than 15 applicants under the pilot program. (2) Maximum amount.--The Secretary shall not provide more than $20,000,000 in Federal assistance under the pilot program to any applicant. (3) Cost sharing.-- (A) Federal share.--The Federal share of the cost of any project under the pilot program shall not exceed 50 percent of the eligible costs of the project. (B) Non-federal share.--Funds apportioned to a State under section 104(b)(2) of title 23, United States Code, for the congestion mitigation and air quality improvement program may be used by the State to pay for the non-Federal share of the cost of any project under the pilot program. (4) Maximum period of grants.--No applicant may receive Federal assistance under the pilot program for more than 5 years. (d) Allowable Project Costs.--The cost of a project eligible for Federal assistance under the pilot program may include only the following: (1) The purchase of alternative fuel vehicles, including-- (A) passenger vehicles; (B) buses used for public transportation or transportation to and from schools; (C) delivery vehicles for goods or services; (D) ground support vehicles at public airports, including vehicles to carry baggage or push airplanes away from terminal gates; and (E) two-wheel bikes, scooters, or other vehicles for use by law enforcement personnel or other State or local government employees. (2) Infrastructure necessary to directly support a project, including fueling and other support equipment. (3) Operation and maintenance of vehicles, infrastructure, and equipment purchased as part of a project with Federal assistance under the pilot program. (e) Proposals.--The Secretary shall issue requirements for applying for grants under the pilot program. At a minimum, the Secretary shall require that applications be submitted by the head of a State or local government or a metropolitan transportation authority, or any combination thereof, and include-- (1) an estimate of the ridership or degree of use of the projects proposed in the application; (2) an estimate of the air pollution emissions reduced and fossil fuel displaced as a result of the projects and a plan to collect and disseminate environmental data over the life of the projects; (3) a description of other existing modes of transportation to which the projects will connect or the degree to which proposed modes of transportation will be linked; (4) a description of how the projects will be sustainable without Federal assistance after the completion of the term of the demonstration; (5) a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project; and (6) a description of which costs will be supported by Federal assistance and which by assistance from non-Federal partners, including State and local governments and private entities. (f) Criteria.--In evaluating applications under the pilot program, the Secretary shall consider each applicant's previous experience involving alternative fuel vehicles and shall approve the proposals that-- (1) are most likely to maximize-- (A) protection of the environment, including reductions in air pollution emissions and the ability of the proposal to help achieve national, State, or local air quality goals; (B) enhancement of the local or national public transportation system, especially the degree to which the proposal connects various modes of transportation; (C) nationwide deployment of innovative transportation technology or important new configurations of intermodal transportation systems that increase the use of alternative fuel vehicles; (D) the amount of goods transported or number of riders served; and (E) stimulation of the national or regional economy; (2) demonstrate the greatest commitment on the part of the applicant to fund the proposal and the greatest likelihood that each project in the proposal will be maintained and expanded after Federal assistance is exhausted; and (3) assure a broad geographic distribution of project sites. (g) Schedule.-- (1) Publication.--Not later than 90 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register, and elsewhere as appropriate, a request for proposals to undertake projects under the pilot program. Applications for such proposals shall be due within 180 days of the publication of the notice. (2) Selection.--Not later than 180 days after the date by which applications for grants are due, the Secretary shall select all proposals to be carried out under the pilot program. SEC. 5. REPORT TO CONGRESS. Not later than 36 months after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing-- (1) an evaluation of the effectiveness of the pilot program including an assessment of the benefits to the environment derived from the projects included in the pilot program as well as an estimate of the potential benefits to the environment to be derived from widespread application of such intermodal transportation activities; (2) an identification of other applicants that submitted project applications for the pilot program; and (3) a description of the mechanisms used by the Secretary to ensure that the information and know-how gained by participants in the pilot program is transferred among the pilot program participants and to other interested parties, including other applicants that submitted project applications. SEC. 6. AUTHORIZATIONS. (a) In General.--There is authorized to be appropriated $200,000,000 to carry out this Act. (b) Availability of Amounts.--Amounts appropriated to carry out this Act shall remain available until expended.", "summary": "Directs the Secretary to report to specified congressional committees on: (1) the effectiveness of the pilot program, including an assessment of the benefits to the environment derived from the projects included in the program as well as an estimate of the potential benefits to the environment to be derived from widespread application of such intermodal transportation activities; and (2) the mechanisms used by the Secretary to ensure that the information and knowhow gained by program participants is transferred among them and to other interested parties, including other project applicants. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Truck Safety Act''. SEC. 2. MINIMUM AMOUNTS. (a) Transporting Property.-- (1) In general.--Section 31139(b) of title 49, United States Code, is amended-- (A) in paragraph (2), by striking ``$750,000'' and inserting ``$1,500,000''; and (B) by adding at the end the following: ``(3) The minimum level of financial responsibility under paragraph (2) shall be adjusted annually by the Secretary to reflect changes in the Consumer Price Index--All Urban Consumers.''. (2) Effective date.--The amendments made by paragraph (1) shall take effect 1 year after the date of enactment of this Act. (b) Rulemaking.--The Secretary of Transportation, by regulation, shall increase any minimum level of financial responsibility required under section 31138 or section 31139 if, after an opportunity for notice and comment, the Secretary determines that the current amount is insufficient to satisfy liability amounts covering the claims described in section 31138 or section 31139, as applicable. SEC. 3. COLLISION AVOIDANCE TECHNOLOGIES. (a) In General.--Not later than 24 months after the date of enactment of this Act, the Secretary of Transportation shall initiate a rulemaking to establish a Federal motor vehicle safety standard requiring a motor vehicle with a gross vehicle weight rating greater than 26,000 pounds be equipped with crash avoidance and mitigation systems, such as forward collision warning systems, forward collision automatic braking systems, and lane departure warning systems. (b) Performance and Standards.--The regulations prescribed under subsection (a) shall establish performance requirements and standards to prevent collisions with moving vehicles and stopped vehicles. (c) Effective Date.--The Secretary shall issue a final rule not later than 2 years after the date of enactment of this Act, and the regulations prescribed by the Secretary under this section shall take effect 2 years after the date of publication of the final rule. SEC. 4. SPEED LIMITING DEVICES. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall finalize regulations to require a motor vehicle with a gross vehicle weight rating greater than 26,000 pounds to be equipped with an electronic control module requiring the speed to be set at no more than 70 miles per hour by the manufacturer. SEC. 5. HIGH-RISK CARRIER COMPLIANCE REVIEWS. (a) High-Risk Carrier Compliance Reviews.--Section 31104(b) of title 49, United States Code, is amended by adding at the end the following: ``From the funds authorized by this subsection, the Secretary shall ensure that a review is completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk. At a minimum, a review shall be conducted whenever a motor carrier is among the highest risk carriers for 2 consecutive months.''. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on the actions the Secretary has taken to comply with the review requirement under section 31104(b) of title 49, United States Code, as amended, including the number of high-risk motor carriers identified and the high-risk motor carriers reviewed. (c) Conforming Amendment.--Section 4138 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (49 U.S.C. 31144 note) is repealed. SEC. 6. DRIVER COMPENSATION. (a) In General.--Chapter 311 of title 49, United States Code, is amended by inserting after section 31139 the following: ``Sec. 31140. Driver compensation ``(a) In General.--The Secretary of Transportation by regulation shall require that a motor carrier-- ``(1) track the on-duty (not driving) time of an employee whose base compensation is calculated in a manner other than an hourly wage and who is required to keep a record of duty status under the hours of service regulations prescribed by the Secretary; and ``(2) separately compensate the employee for any on-duty (not driving) time period at an hourly rate not less than the Federal minimum wage rate under section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206). ``(b) Limitation.--This section shall not apply to an employee whose employment is governed by a collective bargaining agreement, negotiated by employee representatives certified as bona fide by the National Labor Relations Board, if the agreement governs, and compensates the employee for all hours of on-duty (not driving) time. ``(c) Rule of Construction.--Nothing in this section or regulations adopted under this section shall affect an employer's obligations under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). Compensation of employees under this section and regulations promulgated under this section shall be in addition to other compensation calculated for purposes of determining compliance with the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).''. (b) Conforming Amendment.--The table of contents of chapter 311 of title 49, United States Code, is amended by inserting after the item relating to section 31139 the following: ``31140. Driver compensation.''. SEC. 7. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER COMMUTING. (a) Effects of Excessive Commuting.--The Administrator of the Federal Motor Carrier Safety Administration shall conduct a study of the effects of excessive commuting on safety and commercial motor vehicle driver fatigue. (b) Study.--In conducting the study, the Administrator shall consider-- (1) the prevalence of excessive driver commuting in the commercial motor vehicle industry, including the number and percentage of drivers who commute; (2) the distances traveled, time zones crossed, time spent commuting, and methods of transportation used; (3) research on the impact of excessive commuting on safety and commercial motor vehicle driver fatigue; (4) the commuting practices of commercial motor vehicle drivers and policies of motor carriers; (5) the Federal Motor Carrier Safety Administration regulations, policies, and guidance regarding excessive driver commuting; and (6) any other matters the Administrator considers appropriate. (c) Report.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report containing its findings under the study and any recommendations for regulatory or administrative action concerning excessive driver commuting.", "summary": "Truck Safety Act This bill increases from $750,000 to $1.5 million (adjusted annually for inflation) the minimum level of financial responsibility required to satisfy liability covering public liability, property damage, and environmental restoration for the transportation of property by a commercial motor carrier in the United States or to a place outside the United States. The Department of Transportation (DOT) must increase, by regulation, the minimum level of financial responsibility for transporting property or passengers if the current amount is insufficient to satisfy liability claims. DOT shall initiate a rulemaking to establish a federal motor vehicle safety standard requiring a motor vehicle with a gross vehicle weight rating greater than 26,000 pounds to be equipped with crash avoidance and mitigation systems. DOT shall finalize regulations to require such a motor vehicle also to be equipped with an electronic control module requiring the speed to be set by the manufacturer at a maximum 70 m.p.h. DOT must ensure that a review is completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk, especially whenever it is among the highest risk carriers for two consecutive months. DOT shall require, with respect to driver compensation, that a motor carrier: track the on-duty (not driving) time of an employee whose base compensation is calculated in a manner other than an hourly wage and who is required to keep a record of duty status under the hours of service regulations; and separately compensate the employee for any on-duty (not driving) time period at an hourly rate not less than the federal minimum wage rate under the Fair Labor Standards Act of 1938. This compensation requirement, however, shall not apply where employment is governed by a collective bargaining agreement, negotiated by bona fide employee representatives, if the agreement governs, and compensates the employee for, all hours of on-duty (not driving) time. The Federal Motor Carrier Safety Administration shall study the effects of excessive commuting on safety and commercial motor vehicle driver fatigue."}
{"article": "SECTION 1. RESERVE FORCES PARTICIPATION CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45C. RESERVE FORCES PARTICIPATION CREDIT. ``(a) General Rule.--For purposes of section 38, the reserve forces participation credit determined under this section is an amount equal to the sum of-- ``(1) the aggregate of the employment credits with respect to qualified employees of a taxpayer, plus ``(2) if the taxpayer is a qualified self-employed taxpayer, the self-employment credit. ``(b) Employment Credit.--For purposes of this section-- ``(1) In general.--The employment credit with respect to a qualified employee of a taxpayer for any taxable year is an amount equal to the lesser of-- ``(A) 50 percent of the amount of qualified compensation that would have been paid to the employee with respect to all periods during which the employee participates in qualified reserve duty to the exclusion of normal employment duties, including time spent in a travel status had the employee not been participating in qualified reserve duty, or ``(B) $2,000. ``(2) Qualified compensation.--The term `qualified compensation' means compensation-- ``(A) which is normally contingent on the employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the employee were present and receiving such compensation; and ``(B) which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave absence, and with respect to which the number of days the employee participates in qualified reserve duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the employee. ``(3) Qualified employee.--The term `qualified employee' means a person who-- ``(A) has been a full-time employee of a taxpayer for the 21-day period immediately preceding the period during which the employee participates in qualified reserve duty, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(4) Credit in addition to deduction.--The employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee during any period the employee participates in qualified reserve duty to the exclusion of normal employment duties. ``(c) Self-Employment Credit.-- ``(1) In general.--In the case of a qualified self-employed taxpayer, the self-employment credit for any taxable year is equal to 50 percent of the excess (if any) of-- ``(A) the taxpayer's average daily self-employment income for the taxable year over ``(B) the average daily military pay and allowances received by the taxpayer during the taxable year while participating in qualified reserve duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) Average daily self-employment income.--The term `average daily self-employment income' means the net earnings from self-employment (as defined in section 1402) of the taxpayer for the taxable year divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status. ``(B) Average daily military pay and allowances.-- The term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during a taxable year as military pay on account of the taxpayer's participation in qualified reserve duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve duty, including, if applicable, time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Limitations.-- ``(1) Maximum credit.--The credit determined under subsection (a) for the taxable year shall not exceed $7,500. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed by reason of subsection (a) to a taxpayer for-- ``(A) any taxable year in which the taxpayer complies with a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the two succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed by reason of subsection (a) to a taxpayer with respect to any period for which the person on whose behalf the credit would otherwise be allowable is called or ordered to active duty for any of the following types of duty-- ``(A) active duty for training under any provision of title 10 of the United States Code; ``(B) training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code; or ``(C) full-time National Guard duty, as defined in section 101(d)(5) of title 10, United State Code. ``(e) General Definitions.-- ``(1) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(2) Qualified reserve duty.--The term `qualified reserve duty' includes only active duty performed in support of, as designated in the reservist's military orders, a contingency operation as defined in section 101(a)(13), of title 10, United States Code. ``(3) Normal employment and self-employment duties.--A person shall be deemed to be participating in qualified reserve duty to the exclusion of normal employment or self-employment duties if the person does not engage in or undertake any substantial activity related to the person's normal employment or self-employment duties while participating in qualified reserve duty unless in an authorized leave status or other authorized absence form military duties. If a person engages in or undertakes any substantial activity related to the person's normal employment or self-employment duties at any time while participating in a period of qualified reserve duty, unless during a period of authorized leave or other authorized absence from military duties, the person shall be deemed to have engaged in or undertaken such activity for the entire period of qualified reserve duty. ``(f) Controlled groups.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single employer for purposes of this section.'' (b) Credit to be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended-- (1) by striking ``plus'' at the end of paragraph (10); (2) by striking the period at the end of paragraph (11) and inserting ``, plus''; and (3) by adding at the end the following new paragraph: ``(12) the reserve forces participation credit determined under section 45C(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45C. Reserve forces participation credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.", "summary": "Amends the Internal Revenue Code to allow a tax credit to employers of members of reserve components of the armed forces and to self-employed individuals who are members of such reserve components."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Plans Act of 2006''. SEC. 2. SMALL BUSINESS HEALTH BENEFITS PROGRAM (SBHBP). (a) Establishment.--The Secretary of Health and Human Services shall establish a small business health benefits program under which small employers may offer health insurance coverage to employees and their dependents. (b) Program Elements.--Under the SBHBP: (1) Access to insurance.--Small employers are provided access, for years beginning on or after January 1, 2007, to qualified health pooling arrangements under which their employees may elect self-only or family health insurance coverage under at least 2 health insurance coverage policies, regardless of whether premium assistance referred to in paragraph (2) is available with respect to such employer. (2) Premium assistance for small employers.--Premium assistance is available under subsection (c) to assist small employers in the payment of premiums for the health insurance coverage provided. (3) Employer share of premiums.-- (A) In general.--Small employers are provided access to health insurance coverage, and may be eligible for premium assistance under subsection (c), only if they pay (before the application of any premium assistance under subsection (c)) at least 50 percent of the premiums for coverage of their employees, but such employers are not required to pay for the portion of the premiums for dependents of employees. (B) Construction.--Nothing in this section shall be construed as preventing an employee from applying the payment described in subparagraph (A) towards the payment of premiums for family health insurance coverage. (4) Health insurance coverage.-- (A) In general.--Health insurance coverage offered thereunder shall meet the following requirements: (i) The Secretary determines that the coverage is substantially similar to health benefits coverage in any of the four largest health benefit plans (determined by enrollment) offered under chapter 89 of title 5, United States Code. (ii) The coverage complies with State laws and regulations (including applicable benefit mandates and other consumer protections) for group health insurance coverage for the State in which the coverage is offered. (iii) The coverage does not discriminate, through underwriting, the imposition of a pre- existing condition exclusion (as defined in section 701(b)(1)(A) of the Employee Retirement Income Security Act of 1974 or section 9801(b)(1)(A) of the Internal Revenue Code of 1986), differential benefits, differential premiums, or otherwise, against an employee or dependent on the basis of health status. (iv) The Secretary determines that the coverage provided to employees is coordinated, in accordance with regulations prescribed by the Secretary, with other coverage provided under governmental health benefits programs under which health benefits coverage is available to such employees. (B) Standards for participating health insurers.-- In administering the program, the Secretary shall promote participation by health insurers that establish-- (i) integration of health information technology tools to promote quality; (ii) chronic disease management; (iii) preventive health care services; and (iv) evidence-based medicine considerations of prescription drugs and other treatment that take into account the individual medical circumstances of individuals enrolled in the program. (5) Enrollment.--In administering the program, the Secretary shall provide that employee enrollment (and changes in enrollment) are limited to an annual open enrollment period, except in the case of qualifying events (such as change in family status) specified by the Secretary and consistent with section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)). (c) Premium Assistance.--Under the SBHBP, the Secretary shall establish a program of premium assistance for small employers. Such program shall provide for a sliding scale of assistance to such employers taking into account the following: (1) The number of employees of the employer. (2) The average wage level of such employees relative to the average wage level for employees in the same geographic area. (3) The profit margin of the employer. (d) Reinsurance for Catastrophic Costs for Certain Health Insurance Issuers.-- (1) In general.--In the case of health insurance coverage offered under the SBHBP by a health insurance issuer that participates in a qualified health pooling arrangement, the Secretary shall provide for reinsurance coverage for 75 percent of covered claims that exceed, for an individual for a year, an amount determined by the Secretary for such year which is not less than the minimum amount specified in paragraph (2). (2) Minimum amount.--The minimum amount specified in this paragraph is-- (A) for the first year in which this section is in effect, $100,000; or (B) for a subsequent year is the minimum amount specified in this paragraph for a previous year, increased by the Secretary's estimate of the average annual percentage increase in health insurance coverage with a median level of premiums for the previous year. Any amount determined under subparagraph (B) which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000. (e) Qualified Health Pooling Arrangement.--For purposes of this section, the term ``qualified health pooling arrangement'' means, with respect to employees employed in any State for any year-- (1) except as provided in subparagraph (B), an arrangement established by (and operating under the oversight of) such State for purposes of this section, in accordance with regulations of the Secretary, which provides for pooling of health insurance coverage offered for such year in such State, and (2) in any case in which there is not in effect for any year an arrangement described in subparagraph (A) established by such State, the national health pooling arrangement established under section 3. The Secretary shall determine, within a reasonable time prior to each year, whether there is a qualified health pooling arrangement described in paragraph (1) with respect to employees employed in any State. (f) Small Employer Defined.-- (1) In general.--For purposes of this Act, except as otherwise provided in this subsection, the term ``small employer'' means an employer with 50 or fewer employees, as determined under regulations promulgated by the Secretary. (2) Continuation of participation.--An employer whose employees are provided health insurance coverage under the SBHBP while the employer is a small employer as defined in paragraph (1) and who thereafter has more than 50 employees shall continue to be treated as a small employer. (3) Employers not in existence in preceding year.--In the case of an employer which was not in existence for the full year prior to the date on which the employer applies to participate in SBHBP, the determination of whether such employer meets the requirements of paragraph (1) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the employer's first full year. (4) Waiver.--The Secretary may waive the limitations relating to the size of an employer which may participate under SBHBP on a case by case basis if the Secretary determines that such employer makes a compelling case for such a waiver. In making determinations under this paragraph, the Secretary shall consider the effects of the employment of temporary and seasonal workers and other related factors. (g) Other Definitions.--For purposes of this Act: (1) The terms ``employee'' and ``dependent'' have the meanings given such terms by the Secretary in regulations and shall be based upon the definitions of such terms used for purposes of the Federal employee health benefits program established under chapter 89 of title 5, United States Code. (2) The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms in section 2791(b) of the Public Health Service Act (42 U.S.C. 300gg-91(b)). (3) The term ``Secretary'' means the Secretary of Health and Human Services. (4) The term ``SBHBP'' means the small business health benefits program established under this section. (5) The term ``State'' has the meaning given such term in section 2791(d)(14) of the Public Health Service Act (42 U.S.C. 300gg-91(d)(14)). (h) Grants for Establishment of State Qualified Health Pooling Arrangements.-- (1) In general.--The Secretary shall provide grants to States for the establishment and initial administration of qualified health pooling arrangements described in subsection (e)(1). (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. SEC. 3. ESTABLISHMENT OF NATIONAL HEALTH POOLING ARRANGEMENT. (a) In General.--The Secretary of Health and Human Services and the Secretary of Labor, acting jointly and in consultation with the Director of the Office of Personnel Management, shall provide for-- (1) the offering on a timely basis consistent with section 2 of a national health pooling arrangement to eligible small employers; and (2) appropriate oversight over any such arrangement. (b) Specific Requirements.--In carrying out subsection (a), the Secretaries shall-- (1) model the national health pooling arrangement on the Federal employees health benefits program under chapter 89 of title 5, United States Code, to the extent practicable and consistent with the other requirements of this Act; and (2) consistent with paragraph (1), negotiate the most affordable and substantial coverage possible for small employers. (c) Definitions.--For purposes of this section-- (1) the term ``Secretaries'' means the Secretary of Health and Human Services and the Secretary of Labor; and (2) the term ``national health pooling arrangement'' means an arrangement which provides for pooling of health insurance coverage offered for any year in all States which do not have in effect for such year an arrangement for pooling of health insurance coverage offered in such States.", "summary": "Small Business Health Plans Act of 2006 - Directs the Secretary of Health and Human Services (HHS) to establish a small business health benefits program (SBHBP) under which small businesses may offer health insurance coverage to employees and their dependents. Outlines program elements and coverage requirements. Requires the Secretary to establish a program of premium assistance for small employers under the SBHBP. Allows for reinsurance for catastrophic costs for certain health insurance issuers. Defines a \"small employer\" for SBHBP purposes as an employer with 50 or fewer employees. Directs the Secretary and the Secretary of Labor to provide for the establishment of a national health pooling arrangement for eligible small employers under the SBHBP."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment Tax Incentive Act of 1993''. SEC. 2. DEPRECIATION ADJUSTMENT FOR CERTAIN PROPERTY PLACED IN SERVICE IN TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1992. (a) In General.--Section 168 of the Internal Revenue Code of 1986 (relating to accelerated cost recovery system) is amended by adding at the end thereof the following new subsection: ``(j) Deduction Adjustment To Allow Equivalent of Expensing For Certain Property Placed in Service in Taxable Years Beginning After December 31, 1992.-- ``(1) In general.--In the case of tangible property placed in service in a taxable year beginning after December 31, 1992, the deduction allowable under this section with respect to such property for any taxable year (after the taxable year during which the property is placed in service) shall be-- ``(A) the amount so allowable for such taxable year without regard to this subsection, multiplied by ``(B) the applicable neutral cost recovery ratio for such taxable year. For purposes of subparagraph (A), paragraphs (1) and (2) of section 168(b) shall be applied by substituting `150 percent' for `200 percent'. ``(2) Applicable neutral cost recovery ratio.--For purposes of paragraph (1), the applicable neutral cost recovery ratio for any taxable year is the number determined by-- ``(A) dividing-- ``(i) the gross national product deflator for the calendar quarter ending in such taxable year which corresponds to the calendar quarter during which the property was placed in service by the taxpayer, by ``(ii) the gross national product deflator for the calendar quarter during which the property was placed in service by the taxpayer, and ``(B) then multiplying the number determined under subparagraph (A) by the number equal to 1.035 to the nth power where `n' is the number of full years in the period beginning on the 1st day of the calendar quarter during which the property was placed in service by the taxpayer and ending on the day before the beginning of the corresponding calendar quarter ending during such taxable year. The applicable neutral cost recovery ratio shall not be taken into account unless it is greater than 1. The applicable neutral cost recovery ratio shall be rounded to the nearest one-tenth of 1 percent. ``(3) Gross national product deflator.--For purposes of paragraph (2), the gross national product deflator for any calendar quarter is the implicit price deflator for the gross national product for such quarter (as shown in the first revision thereof). ``(4) Election not to have subsection apply.--This subsection shall not apply to any property if the taxpayer elects not to have this subsection apply to such property. Such an election, once made, shall be irrevocable.'' (b) Minimum Tax Treatment.--Paragraph (1) of section 56(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(E) Use of Neutral Cost Recovery Ratio.--In the case of tangible property placed in service in a taxable year beginning after December 31, 1992, the deduction allowable under this paragraph with respect to such property for any taxable year (after the taxable year during which the property is placed in service) shall be-- ``(i) the amount so allowable for such taxable year without regard to this subparagraph, multiplied by ``(ii) the applicable neutral cost recovery ratio for such taxable year (as determined under section 168(j)). This subparagraph shall not apply to any property with respect to which there is an election in effect not to have section 168(j) apply.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 3. REPEAL OF SPECIAL DEPRECIATION RULES APPLICABLE UNDER THE ADJUSTED CURRENT EARNINGS PROVISIONS OF THE MINIMUM TAX. (a) In General.--Subparagraph (A) of section 56(g)(4) of the Internal Revenue Code of 1986 (relating to adjustments) is amended to read as follows: ``(A) Depreciation.-- ``(i) In general.--The depreciation deduction with respect to any property for any taxable year beginning after December 31, 1992, shall be the same as the depreciation deduction allowable in computing alternative minimum taxable income for such taxable year. ``(ii) Basis rules.--Notwithstanding subparagraph (I), the adjusted basis of any depreciable property held by the taxpayer as of the beginning of the taxpayer's first taxable year beginning after December 31, 1992, shall be determined as if the provisions of clause (i) had also applied to taxable years beginning in 1990, 1991, or 1992. ``(iii) Lost basis recovered over 5 years.--The amount determined under clause (iv) shall be allowed as a deduction ratably over the 60-month period beginning with the first month of the taxpayer's first taxable year beginning after December 31, 1992. ``(iv) Amount of lost basis.--The amount determined under this clause is the excess of-- ``(I) the aggregate adjusted bases of depreciable property held by the taxpayer as of the beginning of the taxpayer's first taxable year beginning after December 31, 1992, which would have been determined (as of such time) under subparagraph (I) without regard to clause (ii), over ``(II) the aggregate adjusted bases of such property (as of such time) as determined under the rules of clause (ii).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1992.", "summary": "Investment Tax Incentive Act of 1993 - Amends the Internal Revenue Code to allow the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1992. Repeals the special depreciation rules applicable under the adjusted current earnings provisions of the minimum tax."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclamation Recreation Management Act of 2002''. SEC. 2. AMENDMENTS TO THE FEDERAL WATER PROJECT RECREATION ACT. (a) Congressional Policy.--The first section of the Federal Water Project Recreation Act (16 U.S.C. 460l-12) is amended by striking ``public bodies'' and inserting ``entities''. (b) Allocation of Costs.--Section 2 of the Federal Water Project Recreation Act (16 U.S.C. 460l-13) is amended-- (1) in subsection (a) by striking ``, before authorization of a project,''; (2) in subsection (a), by striking ``public bodies'' and inserting ``entities'' and by striking ``Projects authorized during the calendar year'' and all that follows to the end of the subsection; (3) in subsection (b) by striking ``non-Federal interests'' each place it appears and inserting ``non-Federal entities''; (4) in subsection (b)(2)-- (A) by striking ``: Provided, That the source of repayment may be limited to'' and inserting ``. The source of repayment may include''; and (B) by inserting ``and retained'' after ``collected''; and (5) in subsection (b)(2) by adding at the end the following: ``Fees and charges may be collected, retained and used by the non-Federal entities for operation, maintenance, and replacement of recreation facilities on project lands and waters being managed by the non-Federal entities. As established by the Secretary, any excess revenues will be credited to the Reclamation Fund to remain available, without further Act of appropriation, to support recreation development and management of Bureau of Reclamation land and water areas.''. (c) Recreation and Fish and Wildlife Enhancement.--Section 3 of the Federal Water Project Recreation Act (16 U.S.C. 460l-14) is amended-- (1) by striking subsection (a), redesignating subsection (b) as subsection (a), and inserting after subsection (a) (as so redesignated) the following: ``(b) In the absence of a non-Federal managing partner, the Secretary of the Interior, acting through the Commissioner of Reclamation, is authorized, as a part of any water resource development project under the Secretary's control heretofore or hereafter authorized or reauthorized, to investigate, plan, construct, replace, manage, operate and maintain or otherwise provide for public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with the other project purposes; the costs of which are nonreimbursable.''; (2) in subsection (a) (as so redesignated)-- (A) by inserting ``or enhance'' after ``project construction to preserve''; (B) by striking ``enhancement potential'' each place it appears and inserting ``resources''; (C) by striking ``public bodies'' each place it appears and inserting ``entities''; (D) by striking ``public body'' and inserting ``entity''; and (E) by striking ``or, in the absence thereof, will not detract from that potential''; (3) in subsection (c)(1)(B) by striking ``public body'' each place it appears and inserting ``entity''; and (4) by adding at the end of subsection (c) the following: ``(3) In the absence of a non-Federal managing partner, the Secretary of the Interior, acting through the Commissioner of Reclamation, may modify or expand existing facilities, the costs of which are nonreimbursable.''. (d) Lease of Facilities.-- (1) Repeal.--Section 4 of the Federal Water Project Recreation Act (16 U.S.C. 460l-15) is repealed, and sections 5 through 12 of such Act are redesignated as sections 4 through 11, respectively. (2) Conforming amendment.--Section 6(e) of the Federal Water Project Recreation Act (16 U.S.C. 460l-17(e)) is amended by striking ``4, and 5'' and inserting ``, and 4''. (e) Post Authorization Development.--Section 5 of the Federal Water Project Recreation Act (16 U.S.C. 460l-16) is amended by striking ``public bodies'' and inserting ``entities''. (f) Provision of Facilities.--Section 7 of the Federal Water Project Recreation Act (16 U.S.C. 460l-18) is amended-- (1) in subsection (e) by striking ``and 5'' and inserting ``and between 3 and 4''; (2) in subsection (g) by striking ``3(b)'' and inserting ``3(a)''; and (3) in subsection (h) by striking ``public bodies'' and inserting ``entities''; and by striking ``3(b)'' and inserting ``3(a)''. (g) Miscellaneous Reports.--Section 6 of the Federal Water Project Recreation Act (16 U.S.C. 460l-17) is amended by adding at the end the following: ``(i) Amounts collected under section 2805 of Public Law 102-575 for admission to or recreation use of project land and waters shall be deposited in a special account in the Reclamation Fund and remain available to the Commissioner of Reclamation without further appropriation until expended. Such funds may be used for the development, reconstruction, replacement, management, and operation of recreation resources on project lands and waters with not less than 60 percent being used at the site from which the fees were collected.''. (h) Management for Recreation, Fish and Wildlife, and Other Resources.--Section 7 of the Federal Water Project Recreation Act (16 U.S.C. 460l-18) is amended-- (1) by amending subsection (a) to read as follows: ``(a) The Secretary of the Interior, acting through the Commissioner of Reclamation, is authorized, in conjunction with any water resource development project heretofore or hereafter constructed or which is otherwise under the Secretary's control, to-- ``(1) investigate, plan, design, construct, replace, manage, operate, and maintain or otherwise provide for recreation and fish and wildlife enhancement facilities and services, the costs of which may be nonreimbursable; ``(2) provide for public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with the other project purposes, including by entering into grants, cooperative agreements, and similar instruments with non- Federal entities, without cost sharing, for recreation projects and activities; and ``(3) to acquire or otherwise make available such adjacent lands or interests therein as are necessary for public recreation or fish and wildlife use.''; (2) in subsection (b)-- (A) by inserting ``, acting through the Commissioner of Reclamation,'' after ``the Secretary of the Interior''; (B) by inserting ``and management'' after ``administration''; (C) by striking ``lease''; and (D) by adding at the end the following: ``All such agreements or contracts for administration or management shall identify the terms and conditions of administration, management, and use, approvals required from Bureau of Reclamation, and assure public access to project lands managed for recreation.''; (3) by adding at the end the following: ``(d) The Secretary of the Interior, acting through the Commissioner of Reclamation, is also authorized to enter into agreements with other non-Federal entities for recreation and concession management at Bureau of Reclamation projects. All such agreements or contracts for management shall identify the terms and conditions of management and use, approvals required from the Bureau of Reclamation, and assure public access to project lands managed for recreation.''; and ``(e) The Secretary of the Interior, acting through the Commissioner of Reclamation, is authorized to approve the administration, management, and use of Bureau of Reclamation lands, waters, and the resources thereon by means of easements, leases, licenses, contracts, permits, and other forms of conveyance instruments. ``(f) The Secretary of the Interior, acting through the Commissioner of Reclamation, is authorized to produce, sell, or otherwise make available to the public: information about Bureau of Reclamation programs including publications, photographs, computer discs, maps, brochures, posters, videos, and other memorabilia related to the Bureau of Reclamation, and the natural, historic, and cultural resources of the area; and, other appropriate and suitable merchandise to enhance the public's use of the area. Income from such sales shall be credited to the Reclamation Fund to remain available, without further Act of appropriation, to pay costs associated with the production and sale of items, and any remaining revenue shall be available, without further Act of appropriation, to support recreation development and management of Bureau of Reclamation land and water areas.''. (i) Definitions.--Section 10 of the Federal Water Project Recreation Act (16 U.S.C. 460l-21) is amended by adding at the end the following: ``(f) The term `non-Federal entity' means non-Federal public bodies, nonprofit organizations, Indian tribes, or entities within the private sector.''. (j) Authorization of Appropriations.--The Federal Water Project Recreation Act (16 U.S.C. 460l-12 et seq.) is amended by redesignating section 11 (as redesignated by subsection (d) of this section) as section 12, and by inserting after section 10 the following: ``SEC. 11. AVAILABILITY OF APPROPRIATIONS. ``Funds appropriated under this section may remain available until expended.''. (k) Limitation on Application.--This section and the amendments made by this section shall apply only to water resource development projects under the control of the Secretary of the Interior. SEC. 3. RECREATIONAL FACILITIES AT LOST CREEK RESERVOIR. (a) Construction of Facilities.--As soon as practicable after funds are made available for this section, the Secretary of the Interior shall construct recreational facilities at Lost Creek Reservoir in Utah. (b) Maintenance and Operation of Facilities.--Construction of recreational facilities under subsection (a) shall begin only after the Secretary has entered into a cooperative agreement with the State of Utah that provides for the operation and maintenance of the recreational facilities. (c) Cost Sharing.--The Federal share of the cost of construction carried out under this section shall be 50 percent. SEC. 4. TECHNICAL CORRECTION. Section 1(g) of Public Law 107-69 (115 Stat. 595) is amended by striking ``section 2(c)(1)'' and inserting ``subsection (c)(1)''. SEC. 5. AUTHORIZATION OF AUSTIN, TEXAS, WASTEWATER RECLAMATION AND REUSE PROJECT. (a) Authorization of Project.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 1635. AUSTIN, TEXAS, WATER RECLAMATION AND REUSE PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Austin Water and Wastewater Utility, Texas, is authorized to participate in the planning (including an appraisal and feasibility study), design, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the City of Austin Water and Wastewater Utility, Texas. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.''. (b) Clerical Amendment.--The table of contents in section 2 of Public Law 102-575 (106 Stat. 4600) is amended by adding at the end of the items relating to chapter XVI the following: ``Sec. 1635. Austin, Texas, Water Reclamation and Reuse Project.''. SEC. 6. WILLARD BAY RESERVOIR ENLARGEMENT STUDY. (a) Authorization of Feasibility Study.--Pursuant to the reclamation laws, the Secretary of the Interior, through the Bureau of Reclamation, may conduct a feasibility study on raising the height of Arthur V. Watkins Dam and thereby enlarging the Willard Bay Reservoir for the development of additional storage to meet water supply needs within the Weber Basin Project area. The feasibility study shall include such environmental evaluation as required under the National Environmental Policy Act of 1969 and a cost allocation as required under the Reclamation Projects Act of 1939. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report on the results of the study to the Congress for review and approval. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $2,000,000. SEC. 7. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996. (a) Authorization of Cooperative and Interagency Agreements.-- Section 3(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note) is amended in the first sentence by inserting ``and cooperative and interagency agreements'' after ``contracts''. (b) Authorization of Appropriations.--Section 8 of such Act is amended-- (1) in subsection (a) by striking ``1997 through 2002'' and inserting ``2003 through 2008''; and (2) in subsection (b) by striking ``$25,000,000 for fiscal years 1997 through 2002'' and inserting ``$25,000,000 for fiscal years 2003 through 2008''. Passed the House of Representatives October 1, 2002. Attest: JEFF TRANDAHL, Clerk.", "summary": "Reclamation Recreation Management Act of 2002 - (Sec. 2) Amends the Federal Water Project Recreation Act to allow fees to be collected under a project for recreation or fish and wildlife enhancement (project) and retained and used by the participating non-federal entities for operation, maintenance, and replacement of recreation facilities on project lands and waters being managed by such entities. Requires excess revenues to be credited to the Reclamation Fund.Repeals provisions limiting the modification of such projects. Authorizes the Secretary of the Interior to: (1) investigate, plan, construct, replace, manage, operate, maintain, or otherwise provide for public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with other project purposes; and (2) modify or expand existing facilities.Requires: (1) amounts collected for admission to or recreation use of project land and waters to be deposited into a special account in the Fund; and (2) at least 60 percent of such amounts to be used at the site from which the fees were collected.Authorizes the Secretary to: (1) investigate, plan, design, construct, replace, manage, operate, and maintain recreation and fish and wildlife enhancement facilities and services; and (2) acquire or otherwise make available adjacent lands or interests for public recreation or fish and wildlife use.Authorizes the Secretary to: (1) enter into agreements with other non-federal entities for recreation and concession management at Bureau of Reclamation projects; and (2) make available to the public information about Bureau programs.(Sec. 3) Directs the Secretary to construct recreational facilities at Lost Creek Reservoir, Utah.(Sec. 5) Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary to participate in the planning, design, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside the service area of the City of Austin Water and Wastewater Utility, Texas. Prohibits the Federal cost share of such project from exceeding 25 percent.(Sec. 6) Authorizes the Secretary to conduct a feasibility study on raising the height of Arthur V. Watkins Dam and thereby enlarging the Willard Bay Reservoir for the development of additional storage to meet water supply needs within the Weber Basin Project area. Requires a report from the Secretary to Congress. Authorizes appropriations.(Sec. 7) Amends the Water Desalination Act of 1996 to: (1) authorize the Secretary to enter into cooperative and interagency agreements (as well as to award grants and enter into contracts) for research to develop processes for converting saline water into water suitable for beneficial uses; and (2) extend the authorization of appropriations through FY 2008."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Geriatric Care Act of 2001''. SEC. 2. DISREGARD OF CERTAIN GERIATRIC RESIDENTS AGAINST GRADUATE MEDICAL EDUCATION LIMITATIONS. (a) Direct GME.--Section 1886(h)(4)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(F)) is amended by adding at the end the following new clause: ``(iii) Increase in limitation for geriatric fellowships.--For cost reporting periods beginning on or after the date that is 6 months after the date of enactment of the Geriatric Care Act of 2001, in applying the limitations regarding the total number of full- time equivalent residents in the field of allopathic or osteopathic medicine under clause (i) for a hospital, rural health clinic, or Federally qualified health center, the Secretary shall not take into account a maximum of 3 residents enrolled in a fellowship or residency in geriatric medicine or geriatric psychiatry within an approved medical residency training program to the extent that the hospital, rural health clinic, or Federally qualified health center increases the number of such residents above the number of such residents for the hospital's, rural health clinic's, or Federally qualified health center's most recent cost reporting period ending before the date that is 6 months after the date of enactment of such Act.''. (b) Indirect GME.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the following new clause: ``(ix) Clause (iii) of subsection (h)(4)(F), insofar as such clause applies with respect to hospitals, shall apply to clause (v) in the same manner and for the same period as such clause (iii) applies to clause (i) of such subsection.''. SEC. 3. MEDICARE COVERAGE OF CARE COORDINATION AND ASSESSMENT SERVICES. (a) Part B Coverage of Care Coordination and Assessment Services.-- Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' after the semicolon at the end; and (3) by adding at the end the following new subparagraph: ``(W) care coordination and assessment services (as defined in subsection (ww)).''. (b) Care Coordination and Assessment Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554), is amended by adding at the end the following new subsection: ``Care Coordination and Assessment Services; Individual with a Serious and Disabling Chronic Condition; Care Coordinator ``(ww)(1) The term `care coordination and assessment services' means services that are furnished to an individual with a serious and disabling chronic condition (as defined in paragraph (2)) by a care coordinator (as defined in paragraph (3)) under a plan of care prescribed by such care coordinator for the purpose of care coordination and assessment, which may include any of the following services: ``(A) An initial assessment of an individual's medical condition, functional and cognitive capacity, and environmental and psychological needs and an annual reassessment of such condition, capacity, and needs, unless the care coordinator determines that a more frequent reassessment is necessary based on sentinel health events (as defined by the Secretary) or a change in health status that may require a change in the individual's plan of care. ``(B) The coordination of, and referral for, medical and other health services, including-- ``(i) multidisciplinary care conferences; ``(ii) coordination with other providers (including telephone consultations with physicians); and ``(iii) the monitoring and management of medications, with special emphasis on the management on behalf of an individual with a serious and disabling chronic condition that uses multiple medications (including coordination with the entity managing benefits for the individual). ``(C) Patient and family caregiver education and counseling services (through office visits or telephone consultation), including self-management services and risk appraisal services to identify behavioral risk factors through self-assessment. ``(D) Such other services for which payment would not otherwise be made under this title as the Secretary determines to be appropriate, including activities to facilitate continuity of care and patient adherence to plans of care. ``(2) For purposes of this subsection, the term `individual with a serious and disabling chronic condition' means an individual who a care coordinator annually certifies-- ``(A) is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as described in section 7702B(c)(2)(B) of the Internal Revenue Code of 1986) for a period of at least 90 days due to a loss of functional capacity; ``(B) has a level of disability similar to the level of disability described in subparagraph (A) (as determined under regulations promulgated by the Secretary); ``(C) requires medical management and coordination of care due to a complex medical condition (as defined by the Secretary); or ``(D) requires substantial supervision to protect such individual from threats to health and safety due to a severe cognitive impairment (as defined by the Secretary). ``(3)(A) For purposes of this subsection, the term `care coordinator' means an individual or entity that-- ``(i) is-- ``(I) a physician (as defined in subsection (r)(1)); or ``(II) a practitioner described in section 1842(b)(18)(C) or an entity that meets such conditions as the Secretary may specify (which may include physicians, physician group practices, or other health care professionals or entities the Secretary may find appropriate) working in collaboration with a physician; ``(ii) has entered into a care coordination agreement with the Secretary; and ``(iii) meets such other criteria as the Secretary may establish (which may include experience in the provision of care coordination or primary care physicians' services). ``(B) For purposes of subparagraph (A)(ii), each care coordination agreement shall-- ``(i) be entered into for a period of 1 year and may be renewed if the Secretary is satisfied that the care coordinator continues to meet the conditions of participation specified in subparagraph (A); ``(ii) assure that the care coordinator will submit reports to the Secretary on the functional and medical status of individuals with a chronic and disabling condition who receive care coordination services, expenditures relating to such services, and health outcomes relating to such services, except that the Secretary may not require a care coordinator to submit more than 1 such report during a year; and ``(iii) contain such other terms and conditions as the Secretary may require.''. (c) Payment and Elimination of Coinsurance.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-489), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) by striking ``and (U)'' and inserting ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to care coordination and assessment services described in section 1861(s)(2)(W), the amounts paid shall be 100 percent of the lesser of the actual charge for the service or the amount determined under the payment basis determined under section 1848 by the Secretary for such service''. (2) Payment under physician fee schedule.--Section 1848(j)(3) (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(W),'' after ``(2)(S),''. (3) Elimination of coinsurance in outpatient hospital settings.--The third sentence of section 1866(a)(2)(A) of the Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by inserting after ``1861(s)(10)(A)'' the following: ``, with respect to care coordination and assessment services (as defined in section 1861(ww)(1)),''. (d) Application of Limits on Billing.--Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)), as amended by section 105(d) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-472), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new clause: ``(vii) A care coordinator (as defined in section 1861(ww)(3)) that is not a physician.''. (e) Exception to Limits on Physician Referrals.--Section 1877(b) of the Social Security Act (42 U.S.C. 1395nn(b)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) Private sector purchasing and quality improvement tools for original medicare.--In the case of a designated health service, if the designated health service is-- ``(A) a care coordination and assessment service (as defined in section 1861(ww)(1)); and ``(B) provided by a care coordinator (as defined in paragraph (3) of such section).''. (f) Rulemaking.--The Secretary of Health and Human Services shall define such terms and establish such procedures as the Secretary determines necessary to implement the provisions of this section. (g) Effective Date.--The amendments made by this section shall apply to care coordination and assessment services furnished on or after January 1, 2003.", "summary": "Geriatric Care Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to payments to hospitals, rural health clinics, or Federally qualified health centers for direct graduate medical education costs and the limitation on the number of full-time-equivalent residents in allopathic and osteopathic medicine. Provides for the disregard of up to three geriatric residents in applying such limitation.Amends SSA title XVIII, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for Medicare coverage of care coordination and assessment services to an individual with a serious and disabling chronic condition."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Reform Act of 1995''. SEC. 2. MEMBERSHIP OF THE FEDERAL OPEN MARKET ADVISORY COMMITTEE. (a) In General.--Section 12A(a) of the Federal Reserve Act (12 U.S.C. 263(a)) is amended to read as follows: ``(a) Establishment of Advisory Committee.-- ``(1) In general.--There is established a Federal Open Market Advisory Committee (hereafter in this section referred to as the `Advisory Committee'), which shall consist of the presidents of the Federal Reserve banks. ``(2) Chairperson.--The president of the Federal Reserve Bank of New York shall serve as the chairperson of the Advisory Committee. ``(3) Meetings.--The meetings of the Advisory Committee shall be held in Washington, District of Columbia, not less than 4 times each year upon the call of the Board. ``(4) Duties.--The Advisory Committee shall advise the Board on the conduct of open-market operations.''. (b) Conforming Amendments.-- (1) Federal reserve act.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended-- (A) in section 2A (12 U.S.C. 225a)-- (i) by striking ``and the Federal Open Market Committee'' each place it appears; and (ii) in the sixth sentence, by striking ``determine'' and inserting ``determines''; (B) in the tenth undesignated paragraph of section 10 (12 U.S.C. 247a)-- (i) by striking ``and by the Federal Open Market Committee''; and (ii) by striking ``and the Committee''; (C) in section 12A (12 U.S.C. 263)-- (i) in subsection (b)-- (I) by striking ``Committee'' each place it appears and inserting ``Board''; and (II) by inserting ``Regulations.-- '' before ``No Federal Reserve''; and (ii) in subsection (c), by inserting ``Accommodation of Commerce and Business.--'' before ``The time''; and (D) in section 14(b)(2) (12 U.S.C. 355(2)), by striking ``Federal Open Market Committee'' and inserting ``Board''. (2) International lending supervision act of 1983.--Section 911(a)(3)(C) of the International Lending Supervision Act of 1983 (12 U.S.C. 3910(a)(3)(C)) is amended by striking ``Federal Open Market Committee'' and inserting ``Board of Governors of the Federal Reserve System''. SEC. 3. CONSULTATION BETWEEN THE BOARD OF GOVERNORS AND THE SECRETARY OF THE TREASURY, THE DIRECTOR OF THE OMB, AND THE CHAIRMAN OF THE CEA. Section 2A of the Federal Reserve Act (12 U.S.C. 225a) (as amended by section 2(b)(1)(A)) is amended-- (1) in the first sentence, by striking ``The Board of Governors'' and inserting the following: ``(a) In General.--The Board of Governors''; and (2) by adding at the end the following new subsection: ``(b) Consultation Required.--The Board of Governors shall meet and consult with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the chairman of the Council of Economic Advisors-- ``(1) during the 30-day period immediately preceding the date on which each report required under the second sentence of subsection (a) is submitted to the Congress by the Board of Governors; and ``(2) during the 30-day period beginning on the date which is 100 days immediately preceding the date by which the President is required to submit the budget under section 1105(a) of title 31, United States Code.''. SEC. 4. APPOINTMENT OF THE CHAIRMAN AND VICE CHAIRMAN. (a) Appointment of the Chairman and Vice Chairman.--The second undesignated paragraph of section 10 of the Federal Reserve Act (12 U.S.C. 242) is amended by striking the third sentence and inserting the following: ``The President shall appoint, by and with the advice and consent of the Senate, one member of the Board to serve as Chairman. The term of such member as Chairman shall expire on January 31 of the first calendar year beginning after the end of the term of the President who appointed such member as Chairman. If a member appointed as Chairman does not complete the term of such office as established in the preceding sentence, the President shall appoint, by and with the advice and consent of the Senate, another member to complete the unexpired portion of such term. The President shall also appoint, by and with the advice and consent of the Senate, one member of the Board to serve as Vice Chairman for a term of 4 years. The Chairman and the Vice Chairman may each serve after the end of their respective terms until a successor has taken office.''. (b) Performance of Duties.--The second undesignated paragraph of section 10 of the Federal Reserve Act (12 U.S.C. 242) (as amended by subsection (a) of this section) is amended by inserting after the seventh sentence the following: ``In the event of the absence or unavailability of the Chairman, the Vice Chairman or (in the Vice Chairman's absence) another member of the Board may be designated by the Chairman to perform the duties of the office of the Chairman. If a vacancy occurs in the office of the Chairman, the Vice Chairman shall perform the duties of the Chairman until a successor takes office. If a vacancy occurs in the office of the Vice Chairman while the office of the Chairman is vacant, the member of the Board with the most years of service on the Board shall perform the duties of the Chairman until a successor takes office.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act. (2) Current chairman to complete term.--Notwithstanding the amendment made by subsection (a), any member who holds the office of Chairman of the Board of Governors of the Federal Reserve System on the date of enactment of this Act shall continue in such office during the remainder of the term to which such member was appointed. SEC. 5. DISCLOSURE OF INTERMEDIATE TARGETS. Section 12A(b) of the Federal Reserve Act (12 U.S.C. 263(b)) (as amended by section 2(b)(1)(C)(i)) is amended by adding at the end the following: ``Notwithstanding any other provision of law, each change, of any nature whatsoever, in the intermediate targets for monetary policy, which change is adopted by the Board, shall be disclosed to the public on the date on which such change is adopted. For purposes of this subsection, the term `intermediate targets' means any policy objectives regarding monetary aggregates, credit aggregates, prices, interest rates, or bank reserves.''. SEC. 6. AUDIT OF FINANCIAL TRANSACTIONS BY COMPTROLLER GENERAL. Section 714(b) of title 31, United States Code, is amended-- (1) in paragraph (1), by inserting ``or'' at the end; and (2) by striking paragraphs (2) through (4) and inserting the following: ``(2) memoranda, letters, or other written communications between or among members of the Board of Governors of the Federal Reserve System or officers or employees of the Federal Reserve System relating to any transaction described in paragraph (1).''. SEC. 7. BOARD SUBJECT TO BUDGET PROCESS. Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(h) Federal Reserve Board Budget Treatment.--Not later than October 16 of each year, the estimated receipts and proposed expenditures of the Board of Governors of the Federal Reserve System and all Federal Reserve banks for the current year and the next 2 succeeding years shall be transmitted by the Board to the President. The President shall transmit to the Congress the information received in accordance with this subsection, without change, together with the budget transmitted to the Congress under subsection (a).''.", "summary": "Federal Reserve Reform Act of 1995 - Amends the Federal Reserve Act to abolish the current Federal Open Market Committee, on which the Board of Governors of the Federal Reserve System (the Board) sits, and replace it with a Federal Open Market Advisory Committee, on which the Board does not sit, which shall advise the Board on the conduct of open-market operations. Requires the Board to meet and consult with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the chairman of the Council of Economic Advisers during specified periods. Revises the term of the Chairman of the Board to expire on January 31 of the first calendar year beginning after the end of the term of the President who appointed the Chairman. Provides for performance of the duties of Chairman and Vice Chairman in the event of absence, unavailability, or vacancy. Mandates that each Board-adopted change in the intermediate targets for monetary policy be disclosed to the public upon its date of adoption. Amends Federal law to: (1) instruct the Comptroller General to audit written communications by members of the Board or officers or employees of the Federal Reserve System with respect to financial transactions; and (2) mandate an annual transmittal to the President and the Congress of all estimated receipts and proposed expenditures of the Board and all Federal Reserve banks for the current year and the next two succeeding years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Significant Regulation Oversight Act of 1996''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--The Congress finds that oversight of significant rules will be enhanced if they are subject to congressional review and approval after being proposed by an agency. (b) Purpose.--The purpose of this Act is to ensure that before a significant rule takes affect-- (1) Congress is given an adequate opportunity to review the rule and ensure that it is in accordance with the intent of Congress in enacting the law under which the rule is proposed; and (2) Congress approves the rule in accordance with the procedures established by this Act. SEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS. (a) Congressional Approval of Significant Rules Required.--A significant rule shall not take effect before the date of the enactment of a joint resolution described in section 4(a) comprised solely of the text of the significant rule. (b) Reporting and Review of Significant Rules.--(1) Before a proposed significant rule would take effect as a final rule, the agency proposing the rule shall submit to each House of Congress a report containing the following: (A) A copy of the proposed significant rule. (B) A concise summary of the proposed significant rule, its purpose, and anticipated effects. (C) A complete copy of any cost-benefit analysis report that has been prepared by the agency with respect to the proposed significant rule. (D) An explanation of the specific statutory interpretation under which a rule is proposed, including an explanation of-- (i) whether the interpretation is expressly required by the text of the statute; or (ii) if the interpretation is not expressly required by the text of the statute, an explanation that the interpretation is within the range of permissible interpretations of the statute as identified by the agency, and an explanation why the interpretation selected by the agency is the agency's preferred interpretation. (E) Any other relevant information or requirements under any other Act and any relevant Executive order. (2) Upon receipt of a report under paragraph (1), each House of Congress shall provide a copy of the report to the Chairman and ranking minority party member of each committee with jurisdiction over the subject matter of the report. (c) No Inference To Be Drawn Where Congress Fails To Approve.--If Congress fails to enact a joint resolution approving a proposed significant rule, no court or agency may infer any intent of Congress from any action or inaction of Congress with regard to such rule or related statute. SEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIGNIFICANT RULES. (a) Introduction.--Not later than 3 legislative days after the date on which an agency submits a report under section 3(b) containing the text of any proposed significant rule, the majority leader of each House of the Congress shall introduce (by request) a joint resolution comprised solely of the text of that significant rule. If the joint resolution is not introduced in either House as provided in the preceding sentence, then any Member of that House may introduce the joint resolution. (b) Referral and Consideration.--(1) The joint resolution shall be referred to the appropriate committee of the House in which it is introduced. The committee may report the joint resolution without substantive revision and with or without recommendation or with an adverse recommendation, or the committee may vote not to report the joint resolution. If the committee votes to order the joint resolution reported, it shall be reported not later than the end of the period (not to exceed 45 legislative days) established for consideration of the joint resolution by the Speaker of the House of Representatives or the majority leader of the Senate, as the case may be. Except in the case of a joint resolution which a committee votes not to report, a committee failing to report a joint resolution within such period shall be automatically discharged from consideration of the joint resolution, and it shall be placed on the appropriate calendar. (2) A vote on final passage of the joint resolution shall be taken in that House on or before the close of the 90th legislative day after the date of the introduction of the joint resolution in that House. (3)(A) A motion in the House of Representatives to proceed to the consideration of a joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate in the House of Representatives on a joint resolution under this section shall be limited to not more than 4 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a joint resolution under this section or to move to reconsider the vote by which the joint resolution is agreed to or disagreed to. (C) All appeals from the decisions of the chair relating to the application of the Rules of the House of Representatives to the procedure relating to a joint resolution under this section shall be decided without debate. (D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a joint resolution under this section shall be governed by the Rules of the House of Representatives applicable to other joint resolutions in similar circumstances. (4)(A) A motion in the Senate to proceed to the consideration of a joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate in the Senate on a joint resolution under this section, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (C) Debate in the Senate on any debatable motion or appeal in connection with a joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (D) A motion in the Senate to further limit debate on a joint resolution under this section is not debatable. A motion to recommit a joint resolution under this section is not in order. (c) Amendments Prohibited.--No amendment to a joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the presiding officer to entertain a request to suspend the application of this subsection by unanimous consent. (d) Treatment if the Other House Has Acted.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a) comprised of the same text, then: (1) The procedure in that House shall be the same as if no joint resolution had been received from the other House. (2) The vote on final passage shall be on the joint resolution of the other House. (e) Constitutional Authority.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. EXISTING RULES. (a) General.--Any existing rule may be revised or revoked in accordance with this section if a petition for review so requests. (b) Introduction.--If a petition for review is filed with the Clerk of the House of Representatives or the Secretary of the Senate, the Clerk or the Secretary shall determine whether the petition meets the requirements of subsection (d). If the Clerk or the Secretary determines that a petition meets those requirements, he or she shall notify the majority leader of that House. The majority leader so notified shall, within 3 legislative days, introduce a joint resolution (by request) that makes the revision or revocation of existing rules proposed by the petition upon the enactment of that joint resolution. If the joint resolution is not introduced as provided in the preceding sentence, then any Member of that House may introduce the joint resolution. (c) Procedures for Consideration in the House of Representatives and the Senate.--Any joint resolution introduced under subsection (b) shall be considered in the House of Representatives and the Senate in accordance with the procedures respecting a joint resolution set forth in section 4. (d) Petitions for Review.--A petition for review under subsection (a) shall contain the following: (1) Any rule affected by the petition and the contents of that rule as it would exist if a joint resolution revising or revoking that rule pursuant to the petition were enacted. (2) For a petition in the Senate, the signatures of 30 Senators, or for a petition in the House of Representatives, the signatures of 120 Members. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code (relating to administrative procedure). (2) Rule.--(A) The term ``rule'' has the meaning given such term by section 551 of title 5, United States Code, except that such term does not include-- (i) any rule of particular applicability including a rule that approves or prescribes-- (I) future rates, wages, prices, services, or allowances therefor, (II) corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or (III) accounting practices or disclosures bearing on any of the foregoing, or (ii) any rule of agency organization, personnel, procedure, practice, or any routine matter. (B) The term ``final rule'' means any final rule or interim final rule. (3) Significant rule.--The term ``significant rule'' means any rule proposed by an agency that is specified or described as such in the Act that authorizes the rule. SEC. 7. EXEMPTION FOR MONETARY POLICY. Nothing in this Act applies to any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.", "summary": "Significant Regulation Oversight Act of 1996 - Prohibits a significant rule (as so specified or described in the authorizing Act) from taking effect before the enactment of a joint resolution comprised solely of the text of such rule. Provides that, before a proposed significant rule takes effect as a final rule, the agency proposing the rule shall submit to each House of Congress a report containing a copy of the rule, a concise summary of its purpose and anticipated effects, any cost-benefit analysis prepared for the rule, the specific statutory interpretation under which the rule is proposed, and any other relevant information or executive order. Bars a court or agency from inferring any intent of the Congress with regard to such a rule or a related statute if it fails to enact a joint resolution approving a proposed significant rule. Provides for the revision or revocation of an existing rule upon enactment of a joint resolution introduced pursuant to a petition for review signed by 30 Members in the Senate or 120 Representatives in the House and containing the rule affected and the rule as it would exist if the joint resolution were enacted. Sets forth congressional procedures for the introduction, referral, and consideration of such joint resolutions for the approval of significant proposed rules or the review of existing rules. Exempts from this Act any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Market Promotion Program Amendments Act of 1993''. SEC. 2. MODIFICATIONS TO MARKET PROMOTION PROGRAM. (a) Small-Sized Commercial Entities and Medium-Sized Commercial Entities That Are Beginning Exporters.--Section 203(c) of the Agricultural Trade Act of 1978 (7 U.S.C. 5623(c)) is amended-- (1) in paragraph (2), by striking ``in the case of an unfair trade practice'' and inserting ``in the case of-- ``(A) an unfair trade practice; or ``(B) a small-sized commercial entity, or a medium- sized commercial entity, that is a beginning exporter, as determined by the Secretary.''; and (2) by adding at the end the following new paragraph: ``(3) Goal for small-sized commercial entities and medium- sized commercial entities that are beginning exporters.--In carrying out the program established under this section, the Secretary shall use, to the maximum extent practicable, at least 30 percent of the total funds available or 30 percent of the value of any commodities employed, as determined by the Secretary, for each of fiscal years 1994 and 1995 for program activities involving small-sized commercial entities, and medium-sized commercial entities, that are beginning exporters.''. (b) Branded Promotion.--Section 203(e)(4) of such Act is amended by adding at the end the following new sentence: ``Assistance provided under this paragraph may be used only for market promotion activities that are in addition to activities for which a commercial entity expends an amount during a year in a foreign country, in United States dollars adjusted to reflect the latest Consumer Price Index for all- urban consumers published by the Department of Labor, that is equal to the dollar amount expended by the commercial entity (other than amounts provided under this section) on all market promotion activities during the preceding year in the foreign country.''. (c) Other Terms and Conditions.--Section 203(f) of such Act is amended by adding at the end the following new paragraphs: ``(4) Independent audits.--In addition to an audit that is required by section 403, the Secretary shall require that, as a condition of eligibility for assistance under this section, a commercial entity that receives more than $50,000 a year in assistance under this section shall provide for an independent audit of program activities under this section during the year to determine whether the entity has complied with the requirements of this section. ``(5) Prohibition on assistance for tobacco.--No assistance under this section may be used for the development, maintenance, or expansion of a commercial export market for tobacco. ``(6) Definitions.--As used in this section: ``(A) Commercial entity.--The term `commercial entity' means a cooperative or private organization that exports or promotes an agricultural commodity, including an entity that controls, is controlled by, or is under common control with such a cooperative or private organization. ``(B) Medium-sized commercial entity.--The term `medium-sized commercial entity' means a commercial entity that employs not less than 51, nor more than 500, individuals. ``(C) Small-sized commercial entity.--The term `small-sized commercial entity' means a commercial entity that employs not more than 50 individuals.''. (d) Graduation.--Paragraph (2) of section 203(g) of such Act is amended to read as follows: ``(2) Limitations.-- ``(A) Branded promotion.-- ``(i) In general.--Assistance provided under this section to a commercial entity for activities described in subsection (e)(4) that are conducted in a foreign country-- ``(I) during each year of the first 3-year period the commercial entity receives assistance for the activities, shall not exceed 50 percent of the cost of implementing the marketing plan in the country; ``(II) during the 4th year of the period the commercial entity receives assistance for the activities, shall not exceed 33 percent of the cost of implementing the marketing plan in the country; and ``(III) during the 5th year of period the commercial entity receives assistance for the activities, shall not exceed 17 percent of the cost of implementing the marketing plan in the country. ``(ii) Maximum period.--Assistance provided under this section to a commercial entity for activities described in subsection (e)(4) that are conducted in a foreign country shall not be provided for more than 5 years. ``(B) Generic promotion.-- ``(i) In general.--To be eligible for assistance under this section (other than for activities described in subsection (e)(4) or clause (iii)), an eligible trade organization shall contribute a larger share of the cost of a marketing plan for a foreign country in each year the organization conducts activities in the country, as determined by the Secretary. ``(ii) Maximum period.--The nonfederal share shall be progressively increased in such a manner that an eligible trade organization shall not receive assistance under this section in the country for more than 5 years. ``(iii) Regional state-related trade organizations.--Assistance may be provided under this section for a period not to exceed 5 years for each agricultural commodity for which an eligible regional State-related organization has an approved marketing place for an activity, other than for an activity described in subsection (e)(4). ``(C) Waiver.--The Secretary may waive the limitations described in subparagraphs (A) and (B) in the case of an agricultural commodity with respect to which there has been a favorable decision by the United States Trade Representative under section 301 of the Trade Act of 1974 (19 U.S.C. 2411). To grant waivers, the Secretary shall establish criteria that are consistent and documented.''. SEC. 3. COOPERATOR FOREIGN MARKET DEVELOPMENT PROGRAM. Section 1126(b) of the Food Security Act of 1985 (7 U.S.C. 1736u(b)) is amended by striking ``shall be'' and inserting ``shall not be''. SEC. 4. EFFECTIVE DATE; REGULATIONS. (a) Effective Date.--This Act and the amendments made by this Act shall become effective on the date of enactment of this Act. (b) Regulations.--Not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out this Act and the amendments made by this Act.", "summary": "Agricultural Market Promotion Program Amendments Act of 1993 - Amends the Agricultural Trade Act of 1978 with regard to the agricultural market promotion program to: (1) give priority to, and obligate specified funds for, small and medium beginning exporters; (2) permit assistance for branded promotion only to supplement an entity's own promotional activities; (3) prohibit assistance for tobacco promotion; and (4) incrementally reduce and eliminate over a five-year period assistance for branded and generic promotion in a foreign country."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Price Reduction and Refinery Tax Fairness Act of 2004''. SEC. 2. POLICY. It is the policy of the United States to take all actions necessary in the areas of conservation, efficiency, alternative sources, technology development, and domestic production to reduce the United States dependence on foreign energy sources by January 1, 2014, to 45 percent of the Nation's total energy needs. SEC. 3. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(24) Oil and gas exploration and production.--The term `oil and gas exploration, production, processing, or treatment operations or transmission facilities' means all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.''. SEC. 4. OFFICE OF FEDERAL ENERGY PROJECT COORDINATION. (a) Establishment.--The President shall establish the Office of Federal Energy Project Coordination (referred to in this section as the ``Office'') within the Executive Office of the President in the same manner and with the same mission as the White House Energy Projects Task Force established by Executive Order No. 13212 (42 U.S.C. 13201 note). (b) Staffing.--The Office shall be staffed by functional experts from relevant Federal agencies on a nonreimbursable basis to carry out the mission of the Office. (c) Report.--The Office shall transmit an annual report to Congress that describes the activities put in place to coordinate and expedite Federal decisions on energy projects. The report shall list accomplishments in improving the Federal decisionmaking process and shall include any additional recommendations or systemic changes needed to establish a more effective and efficient Federal permitting process. SEC. 5. FEDERAL ONSHORE OIL AND GAS LEASING AND PERMITTING PRACTICES. (a) Review of Onshore Oil and Gas Leasing Practices.-- (1) In general.--The Secretary of the Interior, in consultation with the Secretary of Agriculture with respect to National Forest System lands under the jurisdiction of the Department of Agriculture, shall perform an internal review of current Federal onshore oil and gas leasing and permitting practices. (2) Inclusions.--The review shall include the process for-- (A) accepting or rejecting offers to lease; (B) administrative appeals of decisions or orders of officers or employees of the Bureau of Land Management with respect to a Federal oil or gas lease; (C) considering surface use plans of operation, including the timeframes in which the plans are considered, and any recommendations for improving and expediting the process; and (D) identifying stipulations to address site- specific concerns and conditions, including those stipulations relating to the environment and resource use conflicts. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall transmit a report to Congress that describes-- (1) actions taken under section 3 of Executive Order No. 13212 (42 U.S.C. 13201 note); and (2) actions taken or any plans to improve the Federal onshore oil and gas leasing program. SEC. 6. MANAGEMENT OF FEDERAL OIL AND GAS LEASING PROGRAMS. (a) Timely Action on Leases and Permits.--To ensure timely action on oil and gas leases and applications for permits to drill on land otherwise available for leasing, the Secretary of the Interior (in this section referred to as the ``Secretary'') shall-- (1) ensure expeditious compliance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); (2) improve consultation and coordination with the States and the public; and (3) improve the collection, storage, and retrieval of information relating to the leasing activities. (b) Best Management Practices.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall develop and implement best management practices to-- (A) improve the administration of the onshore oil and gas leasing program under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (B) ensure timely action on oil and gas leases and applications for permits to drill on lands otherwise available for leasing. (2) Considerations.--In developing the best management practices under paragraph (1), the Secretary shall consider any recommendations from the review under section 5. (3) Regulations.--Not later than 180 days after the development of best management practices under paragraph (1), the Secretary shall publish, for public comment, proposed regulations that set forth specific timeframes for processing leases and applications in accordance with the practices, including deadlines for-- (A) approving or disapproving resource management plans and related documents, lease applications, and surface use plans; and (B) related administrative appeals. (c) Improved Enforcement.--The Secretary shall improve inspection and enforcement of oil and gas activities, including enforcement of terms and conditions in permits to drill. (d) Authorization of Appropriations.--In addition to amounts authorized to be appropriated to carry out section 17 of the Mineral Leasing Act (30 U.S.C. 226), there are authorized to be appropriated to the Secretary for each of fiscal years 2005 through 2008-- (1) $40,000,000 to carry out subsections (a) and (b); and (2) $20,000,000 to carry out subsection (c). SEC. 7. CONSULTATION REGARDING OIL AND GAS LEASING ON PUBLIC LAND. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall enter into a memorandum of understanding regarding oil and gas leasing on-- (1) public lands under the jurisdiction of the Secretary of the Interior; and (2) National Forest System lands under the jurisdiction of the Secretary of Agriculture. (b) Contents.--The memorandum of understanding shall include provisions that-- (1) establish administrative procedures and lines of authority that ensure timely processing of oil and gas lease applications, surface use plans of operation, and applications for permits to drill, including steps for processing surface use plans and applications for permits to drill consistent with the timelines established by the amendment made by section 10; (2) eliminate duplication of effort by providing for coordination of planning and environmental compliance efforts; and (3) ensure that lease stipulations are-- (A) applied consistently; (B) coordinated between agencies; and (C) only as restrictive as necessary to protect the resource for which the stipulations are applied. (c) Data Retrieval System.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall establish a joint data retrieval system that is capable of-- (A) tracking applications and formal requests made in accordance with procedures of the Federal onshore oil and gas leasing program; and (B) providing information regarding the status of the applications and requests within the Department of the Interior and the Department of Agriculture. (2) Resource mapping.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall establish a joint Geographic Information System mapping system for use in-- (A) tracking surface resource values to aid in resource management; and (B) processing surface use plans of operation and applications for permits to drill. SEC. 8. ESTIMATES OF OIL AND GAS RESOURCES UNDERLYING ONSHORE FEDERAL LAND. (a) Assessment.--Section 604 of the Energy Act of 2000 (42 U.S.C. 6217) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``reserve''; and (ii) by striking ``and'' after the semicolon; and (B) by striking paragraph (2) and inserting the following: ``(2) the extent and nature of any restrictions or impediments to the development of the resources, including-- ``(A) impediments to the timely granting of leases; ``(B) post-lease restrictions, impediments, or delays on development for conditions of approval, applications for permits to drill, or processing of environmental permits; and ``(C) permits or restrictions associated with transporting the resources for entry into commerce; and ``(3) the quantity of resources not produced or introduced into commerce because of the restrictions.''; (2) in subsection (b)-- (A) by striking ``reserve'' and inserting ``resource''; and (B) by striking ``publically'' and inserting ``publicly''; and (3) by striking subsection (d) and inserting the following: ``(d) Assessments.--Using the inventory, the Secretary of Energy shall make periodic assessments of economically recoverable resources accounting for a range of parameters such as current costs, commodity prices, technology, and regulations.''. (b) Methodology.--The Secretary of the Interior shall use the same assessment methodology across all geological provinces, areas, and regions in preparing and issuing national geological assessments to ensure accurate comparisons of geological resources. SEC. 9. COMPLIANCE WITH EXECUTIVE ORDER 13211; ACTIONS CONCERNING REGULATIONS THAT SIGNIFICANTLY AFFECT ENERGY SUPPLY, DISTRIBUTION, OR USE. (a) Requirement.--The head of each Federal agency shall require that before the Federal agency takes any action that could have a significant adverse effect on the supply of domestic energy resources from Federal public land, the Federal agency taking the action shall comply with Executive Order No. 13211 (42 U.S.C. 13201 note). (b) Guidance.--Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall publish guidance for purposes of this section describing what constitutes a significant adverse effect on the supply of domestic energy resources under Executive Order No. 13211 (42 U.S.C. 13201 note). (c) Memorandum of Understanding.--The Secretary of the Interior and the Secretary of Agriculture shall include in the memorandum of understanding under section 7 provisions for implementing subsection (a) of this section. SEC. 10. DEADLINE FOR CONSIDERATION OF APPLICATIONS FOR PERMITS. Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(p) Deadlines for Consideration of Applications for Permits.-- ``(1) In general.--Not later than 10 days after the date on which the Secretary receives an application for any permit to drill, the Secretary shall-- ``(A) notify the applicant that the application is complete; or ``(B) notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete. ``(2) Issuance or deferral.--Not later than 30 days after the applicant for a permit has submitted a complete application, the Secretary shall-- ``(A) issue the permit; or ``(B)(i) defer decision on the permit; and ``(ii) provide to the applicant a notice that specifies any steps that the applicant could take for the permit to be issued. ``(3) Requirements for deferred applications.-- ``(A) In general.--If the Secretary provides notice under paragraph (2)(B)(ii), the applicant shall have a period of 2 years from the date of receipt of the notice in which to complete all requirements specified by the Secretary, including providing information needed for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(B) Issuance of decision on permit.--If the applicant completes the requirements within the period specified in subparagraph (A), the Secretary shall issue a decision on the permit not later than 10 days after the date of completion of the requirements described in subparagraph (A). ``(C) Denial of permit.--If the applicant does not complete the requirements within the period specified in subparagraph (A), the Secretary shall deny the permit. ``(q) Report.--On a quarterly basis, each field office of the Bureau of Land Management and the Forest Service shall transmit to the Secretary of the Interior or the Secretary of Agriculture, respectively, a report that-- ``(1) specifies the number of applications for permits to drill received by the field office in the period covered by the report; and ``(2) describes how each of the applications was disposed of by the field office.''. SEC. 11. ENVIRONMENTAL REGULATIONS. In issuing any rule or order relating to gasoline production and distribution, a Federal agency shall include a detailed analysis of the effects the rule or order would have on gasoline supply. Each Federal agency shall seek to ensure that no such rule or order is issued that will increase United States dependence on foreign sources of oil. SEC. 12. ACCELERATED DEPRECIATION FOR REFINERY MACHINERY. (a) In General.--Subparagraph (B) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of property) is amended by striking ``and'' at the end of clause (v), by striking the period at the end of clause (vi) and inserting ``, and'', and by adding at the end the following new clause: ``(vii) any refinery machinery.''. (b) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item relating to subparagraph (B)(iii) the following new item: ``(B)(vii).................................................. 10''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2004. SEC. 13. REFINERY PERMITTING PROCESS. Each Federal agency with authority to approve or disapprove actions affecting the siting or operation of United States refineries shall, within 180 days after receiving an application for such approval, either provide the approval or notify the applicant of the reasons for rejection along with an explanation of what steps would be necessary to obtain approval.", "summary": "Gasoline Price Reduction and Refinery Tax Fairness Act of 2004 - Amends the Federal Water Pollution Control Act to define \"oil and gas exploration, production, processing, or treatment operations or transmission facilities\" as all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities. Directs the President to establish the Office of Federal Energy Project Coordination (Office) within the Executive Office of the President. Instructs the Secretary of the Interior to: (1) perform an internal review of Federal onshore oil and gas leasing and permitting practices; and (2) implement certain best management practices to ensure timely action on oil and gas leases and applications for permits to drill on lands otherwise available for leasing. Directs the Secretaries of the Interior and of Agriculture to: (1) enter into a prescribed Memorandum of Understanding regarding oil and gas leasing on public lands; and (2) establish a joint data retrieval system and a joint Geographic Information System mapping system. Amends the Energy Act of 2000 to require the Secretary of the Interior's inventory of all Federal onshore lands to identify restrictions or impediments to oil and gas resource development of such lands. Directs each Federal agency head to require the agency, before it takes action that could have a significant adverse effect on the supply of domestic energy resources from Federal public land, to act in compliance with a certain Executive Order that identifies actions to expedite energy-related projects. Amends the Mineral Leasing Act to set a deadline for expeditious consideration of applications for permits for oil and gas leases. Requires a Federal agency, in issuing any rule or order relating to gasoline production and distribution, to include a detailed analysis of the effects the rule or order would have on gasoline supply and seek to ensure that no rule or order is issued that will increase U.S. dependence on foreign sources of oil. Amends the Internal Revenue Code to provide for accelerated depreciation for refinery machinery. Requires each Federal agency with the authority to do so to approve or disapprove (with specified explanations) within 180 days of its receipt any application for approval of an action affecting the siting or operation of U.S. refineries."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Deter Revolving-door Appointments In our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act'' or the ``DRAIN the SWAMP Act''. SEC. 2. RESTRICTIONS ON LOBBYING ACTIVITIES OF FORMER POLITICAL APPOINTEES. (a) 5-Year Post-Employment Ban on Serving as Registered Lobbyist.-- (1) In general.--Section 207 of title 18, United States Code, is amended by striking subsections (c) and (d) and inserting the following: ``(c) Restrictions on Senior Personnel of the Executive Branch and Independent Agencies.-- ``(1) Restrictions.--In addition to the restrictions set forth in subsections (a) and (b), any person who is a political appointee of the executive branch of the United States (including an independent agency), and who, within 5 years after the termination of his or her service or employment as such a political appointee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of the department or agency in which such person served, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title. ``(2) Political appointee.--The term `political appointee' means an individual who is-- ``(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ``(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. ``(3) Waiver.--At the request of a department or agency, the Director of the Office of Government Ethics may waive the restrictions contained in paragraph (1) with respect to any position, or category of positions, referred to in paragraph (2) in such department or agency if the Director determines that-- ``(A) the imposition of the restrictions with respect to such position or positions would create an undue hardship on the department or agency in obtaining qualified personnel to fill such position or positions; and ``(B) granting the waiver would not create the potential for use of undue influence or unfair advantage.''. (2) Conforming amendments.--Section 207 of such title is amended-- (A) in subsection (f)(1), by striking ``subsection (c), (d), or (e)'' and inserting ``subsection (c) or (e)''; (B) in subsection (h)(2), by striking ``subsection (c)(2)(A)(i) or (iii)'' and inserting ``subsection (c)(2)(A) or (C)''; and (C) in subsection (i)(1)(A), by striking ``subsections (a), (c), and (d)'' and inserting ``subsections (a) and (c)''. (b) Lifetime Ban on Serving as Agent of Foreign Government.-- (1) Registration as agent.--The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) is amended by adding at the end the following new section: ``SEC. 12. PROHIBITING REGISTRATION BY FORMER POLITICAL APPOINTEES. ``(a) Prohibition.--No individual may register under this Act or otherwise serve as the agent of a foreign principal if the individual at any time served as a political appointee (as defined in subsection (b)). ``(b) Political Appointee.--The term `political appointee' means an individual who is-- ``(1) employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ``(2) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(3) employed in a position of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.''. (2) Other representation as foreign entity.--Section 207(f)(1)(A) of title 18, United States Code, is amended by inserting after ``within 1 year'' the following: ``(or, in the case of a person who is subject to the restrictions contained in subsection (c), at any time)''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply with respect to any individual whose service as a political appointee terminates on or after the date of the enactment of this Act. (2) Definition.--In paragraph (1), the term ``political appointee'' has the meaning given such term in section 207(c)(2) of title 18, United States Code (as amended by subsection (a)(1)), and section 12(b) of the Foreign Agents Registration Act of 1938 (as added by subsection (b)(1)).", "summary": "Deter Revolving-door Appointments in our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act or the DRAIN the SWAMP Act This bill amends the federal criminal code to revise post-employment lobbying restrictions on senior executive branch officials and employees. Specifically, it imposes a five-year ban on communications by a former political appointee with the intent to influence officers or employees at their former executive branch agency or department. The term political appointee includes certain senior political officials compensated on the Executive Schedule; limited term, limited emergency, and noncareer appointees in the Senior Executive Service; and employees in confidential or policy-determining positions in the excepted service. Additionally, the bill amends the Foreign Agents Registration Act of 1938 to impose a lifetime ban on lobbying by a former political appointee on behalf of a foreign government or foreign political party."}
{"article": "SECTION 1. FINDINGS. Congress finds the following: (1) Consumers have the right to know that event data recorders are installed in their vehicles, that they are capable of collecting data recorded in automobile accidents, and how such data may be used. (2) From the standpoint of consumer privacy rights, most consumers are not aware that their vehicles are recording data that not only may be used to aid traffic safety analyses, but has the potential of being used against them in a civil or criminal proceeding, or by their insurer to increase rates. (3) There exists no Federal law clarifying the rights of a vehicle owner to ownership of the recorded data and, in the absence of Federal direction, States have begun to create different standards of ownership and rights for recorded data. SEC. 2. DISCLOSURE OF EVENT DATA RECORDERS ON AUTOMOBILES. (a) Required Disclosure.--In accordance with regulations prescribed by the Federal Trade Commission under section 5(c), a dealer shall disclose, to each consumer who purchases a new automobile, in a clear and conspicuous written format at the time of purchase, the following information regarding any event data recorder installed on such new automobile-- (1) the presence and location of an event data recorder; (2) the type of information recorded by the event data recorder and how such information is recorded; and (3) that the information recorded by the event data recorder also may be used in a law enforcement proceeding. (b) Required Disclosures in Owner's Manual.--The manufacturer shall include, in clear and conspicuous language in the owner's manual of any new automobile containing an event data recorder, the disclosures required by subsection (a). SEC. 3. OWNERSHIP AND RETRIEVAL OF EVENT DATA RECORDER DATA. Any event data recorder in the vehicle and any data recorded on any event data recorder in the vehicle shall be considered the property of the owner of the vehicle. Data that is recorded on any event data recorder may not be downloaded or otherwise retrieved by a person other than the owner of the motor vehicle, except under one of the following circumstances: (1) The owner of the motor vehicle or the owner's agent or legal representative consents to the retrieval of the information. (2) In response to an order of a court having jurisdiction to issue the order. (3) The data is retrieved by a motor vehicle dealer, or by an automotive technician for the purpose of diagnosing, servicing, or repairing the motor vehicle. (4) For the purpose of improving motor vehicle safety, including medical research on the human body's reaction to motor vehicle accidents, provided that the identity of the registered owner or driver is not disclosed in connection with that retrieved data. SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON NEW AUTOMOBILES. No person may manufacture for sale, sell, offer for sale, introduce or deliver into interstate commerce, or import into the United States, an automobile manufactured after 2008 (and bearing a model year of 2009 or later) that is equipped with an event data recorder, unless such event data recorder includes a function whereby the consumer has the option to enable or disable the recording function of the event data recorder. Once disabled, the recording function shall not resume functioning until the consumer elects to enable such functioning. SEC. 5. ENFORCEMENT. (a) Treatment of Violations as Unfair or Deceptive Acts or Practices.--A violation of section 2, 3 or 4 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Federal Trade Commission Authority.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (c) Rulemaking.--Within 180 days following the enactment of this Act, the Federal Trade Commission shall prescribe regulations to carry out this Act, including guidelines setting forth a uniform method by which a dealer may provide the disclosures and options required by section 2. SEC. 6. DEFINITIONS. As used in this Act: (1) The term ``consumer'' has the meaning given the term ``ultimate purchaser'' in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). (2) The term ``dealer'' has the meaning given that term in section 30102(a) of title 49, United States Code. (3) The term ``event data recorder'' means any device or means of technology installed in an automobile that records information such as vehicle speed, seatbelt use, application of brakes or other information pertinent to the operation of the automobile. (4) The terms ``manufacturer'' and ``new automobile'' have the meanings given those terms in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). SEC. 7. EFFECTIVE DATE. This Act shall take effect 180 days after the date of enactment of this Act.", "summary": "Requires automobile dealers to disclose to each consumer at the time of purchase of a new automobile, and to include in the automobile's owner's manual, information on: (1) the presence and location of an event data recorder (EDR) in such automobile; and (2) the type of information recorded by the EDR, how such information is recorded, and the possible use of such information in law enforcement proceedings. Requires the EDR and any data recorded to be considered the property of the vehicle owner. Prohibits the retrieval of EDR data by anyone other than the vehicle owner, except : (1) with the owner's consent; (2) in response to a court order; (3) by a vehicle dealer or an automotive technician for servicing the vehicle; or (4) for improving vehicle safety, provided the identity of the registered owner or driver is not disclosed. Prohibits persons from manufacturing automobiles for sale in the United States after 2008 (bearing a model year of 2009 or later) that are equipped with EDRs, unless those EDRs can be disabled by the consumer. Treats a violation of EDR requirements of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stabilize Medicaid and CHIP Coverage Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Every year millions of people are enrolled in Medicaid and the Children's Health Insurance Program (in this section referred to as ``CHIP''), but subsequently lose their coverage, despite still being eligible, because of inefficient and cumbersome paperwork and logistical requirements. (2) Data show that the typical enrollee receives Medicaid coverage for about three-quarters of a year. Coverage periods are lower for non-elderly, non-disabled adults than for those with disabilities, seniors, and children. (3) Medicaid enrollees with coverage disruptions are more likely to be hospitalized for illnesses like asthma, diabetes, or cardiovascular disease that can be effectively managed through ongoing primary medical care and medication, are less likely to be screened for breast cancer, and may have poorer cancer outcomes. (4) Children enrolled in CHIP also experience disruptions in health coverage and care. For example, during just a one- year period, over one-third of CHIP enrollees were also enrolled in a State's Medicaid program. Transitions between Medicaid and CHIP can cause disruptions in care because the health care coverage and participating providers vary between the two programs. (5) Interruptions in coverage can impair the receipt of effective primary care and lead to expensive hospitalizations or emergency room visits. Unnecessary enrollment, disenrollment, and reenrollment in Medicaid and CHIP result in higher administrative expenses for re-enrollment and result in more people uninsured at any given time. (6) Stable coverage under Medicaid and CHIP lowers average monthly medical costs. (7) Continuous enrollment also permits better prevention and disease management, leading to fewer serious illnesses and hospitalizations. (8) Children with stable coverage are less likely to have unmet medical needs, allowing children to receive the preventive care that is necessary to help them grow into healthy adults. SEC. 3. 12-MONTH CONTINUOUS ENROLLMENT. (a) Requirement of 12-Month Continuous Enrollment Under Medicaid.-- Section 1902(e)(12) of the Social Security Act (42 U.S.C. 1396a(e)(12)) is amended to read as follows: ``(12) 12-month continuous enrollment.--Notwithstanding any other provision of this title, a State plan approved under this title (or under any waiver of such plan approved pursuant to section 1115 or section 1915), shall provide that an individual who is determined to be eligible for benefits under such plan (or waiver) shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends.''. (b) Requirement of 12-Month Continuous Enrollment Under CHIP.-- (1) In general.--Section 2102(b) of the Social Security Act (42 U.S.C. 1397bb(b)) is amended by adding at the end the following new paragraph: ``(6) Requirement for 12-month continuous enrollment.-- Notwithstanding any other provision of this title, a State child health plan that provides child health assistance under this title through a means other than described in section 2101(a)(2), shall provide that an individual who is determined to be eligible for benefits under such plan shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends.''. (2) Conforming amendment.--Section 2105(a)(4)(A) of the Social Security Act (42 U.S.C. 1397ee(a)(4)(A)) is amended-- (A) by striking ``has elected the option of'' and inserting ``is in compliance with the requirement for''; and (B) by striking ``applying such policy under its State child health plan under this title'' and inserting ``in compliance with section 2102(b)''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2) or (3), the amendments made by subsections (a) and (b) shall apply to determinations (and redeterminations) of eligibility made on or after the date that is 18 months after the date of the enactment of this Act. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX or State child health plan under title XXI of the Social Security Act (42 U.S.C. 1396 et seq., 42 U.S.C. 1397aa et seq.) which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the respective plan to meet the additional requirement imposed by the amendment made by subsection (a) or (b), respectively, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such applicable additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. (3) Option to implement 12-month continuous eligibility prior to effective date.--A State may elect through a State plan amendment under title XIX or XXI of the Social Security Act (42 U.S.C. 1396 et seq., 42 U.S.C. 1397aa et seq.) to apply the amendment made by subsection (a) or (b), respectively, on any date prior to the 18-month date specified in paragraph (1), but not sooner than the date of the enactment of this Act.", "summary": "Stabilize Medicaid and CHIP Coverage Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require a state Medicaid plan to provide 12-month continuous enrollment for an eligible individual, regardless of age. Amends SSA title XXI (State Children's Health Insurance) (CHIP) to require a state CHIP plan also to provide 12-month continuous enrollment for an eligible individual."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Sanctions Enabling Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There is an increasing interest by States, local governments, educational institutions, and private institutions to seek to disassociate themselves from companies that directly or indirectly support the Government of Iran's efforts to achieve a nuclear weapons capability. (2) Policy makers and fund managers may find moral, prudential, or reputational reasons to divest from companies that accept the business risk of operating in countries that are subject to international economic sanctions or that have business relationships with countries, governments, or entities with which any United States company would be prohibited from dealing because of economic sanctions imposed by the United States. SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN COMPANIES INVESTED IN IRAN'S ENERGY SECTOR. (a) Statement of Policy.--It is the policy of the United States to support the decision of State governments, local governments, and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of more than $20,000,000 in Iran's energy sector. (b) Authority to Divest.--Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities in Iran described in subsection (c). (c) Investment Activities in Iran Described.--A person engages in investment activities in Iran described in this subsection if the person-- (1) has an investment of $20,000,000 or more in the energy sector of Iran; (2) provides oil or liquified natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquified natural gas, for the energy sector in Iran; or (3) is a financial institution that extends $20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit to invest in the energy sector in Iran. (d) Requirements.--The requirements referred to in subsection (b) that a measure taken by a State or local government must meet are the following: (1) Notice.--The State or local government shall provide written notice to each person to whom the State or local government, as the case may be, intends to apply the measure, of such intent. (2) Timing.--The measure shall apply to a person not earlier than the date that is 90 days after the date on which the person receives the written notice required by paragraph (1). (3) Opportunity for hearing.--The State or local government shall provide each person referred to in paragraph (1) with an opportunity to demonstrate to the State or local government, as the case may be, that the person does not engage in investment activities in Iran described in subsection (c). If the person demonstrates to the State or local government that the person does not engage in investment activities in Iran described in subsection (c), the measure shall not apply to the person. (4) Sense of the congress on avoiding erroneous targeting.--It is the sense of the Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person engages in investment activities in Iran described in subsection (c). (e) Notice to Department of Justice.--Not later than 30 days after adopting a measure pursuant to subsection (b), a State or local government shall submit to the Attorney General of the United States a written notice which describes the measure. (f) Nonpreemption.--A measure of a State or local government authorized under subsection (b), or described in subsection (i), is not preempted by any Federal law or regulation. (g) Definitions.--In this section: (1) Investment.--The ``investment'' of assets, with respect to a State or local government, includes-- (A) a commitment or contribution of assets; (B) a loan or other extension of credit; or (C) the entry into or renewal of a contract for goods or services. (2) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled directly or indirectly by a State or local government. (B) Exception.--The term ``assets'' does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (h) Effective Date.-- (1) In general.--Except as provided in paragraph (2) of this subsection and subsection (i), this section shall apply to measures adopted by a State or local government on or after the date of the enactment of this Act. (2) Notice requirements.--Subsections (d) and (e) apply to measures adopted by a State or local government on or after the date of the enactment of this Act. (i) Authorization for Prior Enacted Measures.--Notwithstanding any other provision of law, a State or local government may enforce a measure (without regard to the requirements of subsection (d)) adopted by the State or local government before the date of the enactment of this Act that provides for the divestiture of assets of the State or local government from, or prohibits the investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment or business activities in Iran (determined without regard to subsection (c)) identified in the measure. SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended to read as follows: ``(1) In general.--Solely for purposes of this subsection, and notwithstanding any other provision of Federal or State law, no person may bring any civil, criminal, or administrative action against any registered investment company, or any employee, officer, director, or investment adviser thereof, based solely upon the investment company divesting from, or avoiding investing in, securities issued by persons that the investment company determines, using credible information that is available to the public, conduct or have direct investments in business operations in Sudan described in section 3(d) of the Sudan Accountability and Divestment Act of 2007 or engage in investment activities in Iran described in section 3(c) of the Iran Sanctions Enabling Act of 2009. Nothing in this paragraph shall be construed to create, imply, diminish, change, or affect in any way the existence of a private cause of action under any other provision of this Act.''. SEC. 5. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE BENEFIT PLANS. Section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end the following new subsection: ``(e) No person shall be treated as breaching any of the responsibilities, obligations, or duties imposed upon fiduciaries by this title for divesting plan assets from, or avoiding investing plan assets in, persons that are determined by such person, using credible information that is available to the public, to be engaged in investment activities in Iran described in section 3(c) of the Iran Sanctions Enabling Act of 2009. Any divestiture of plan assets from, or avoidance of investing plan assets in, persons that are so determined to be engaged in such investment activities shall be treated as in accordance with this title and the documents and instruments governing the plan.''. SEC. 6. DEFINITIONS. In this title: (1) Energy sector.--The term ``energy sector'' refers to activities to develop petroleum or natural gas resources or nuclear power. (2) Financial institution.--The term ``financial institution'' has the meaning given that term in section 14(5) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (3) Iran.--The term ``Iran'' includes any agency or instrumentality of Iran. (4) Person.--The term ``person'' means-- (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent company, or subsidiary of, or company under common ownership or control with, any entity described in subparagraph (A) or (B). (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State, and any agency or instrumentality thereof; (C) any other governmental instrumentality; and (D) any public institution of higher education within the meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 7. SUNSET. This Act shall terminate 30 days after the date on which the President has certified to the Congress that-- (1) the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; or (2) Iran has ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology. Passed the House of Representatives October 14, 2009. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Iran Sanctions Enabling Act of 2009 - (Sec. 3) States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that the have investments of more than $20 million in Iran's energy sector. Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit their investment in, any person that the state or local government determines, using credible information available to the public, engages in certain investment activities in Iran. Specifies such activities as: (1) the investment of $20 million or more in Iran's energy sector; or (2) provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for that energy sector. Authorizes divestment, as well, from any financial institution which extend $20 million or more in credit to another person, for 45 days or more, if that person will use the credit to invest in Iran's energy sector. Expresses the sense of Congress that a state or local government should not adopt such measures against such a person unless it has made every effort to avoid erroneously targeting the person and has verified that such person engages in such investment activities. Declares that any measure of a state or local government authorized under this Act is not preempted by any federal law or regulation. (Sec. 4) Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by persons that have invested in Sudan or in Iran. (Sec. 5) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to shield from treatment as breaching a fiduciary duty any person divesting employee benefit plan assets from, or avoiding investing plan assets in, persons that have engaged in such investment activities in Iran. (Sec. 7) Terminates this Act 30 days after the President certifies to Congress that the government of Iran has ceased: (1) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism; or (2) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bioterror and Pandemic Preparedness Protection Act''. SEC. 2. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND COUNTERMEASURES. Part B of title III of the Public Health Service Act is amended by inserting after section 319F-2 (42 U.S.C. 247d-6b) the following: ``SEC. 319A-3. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND SECURITY COUNTERMEASURES. ``(a) Authority.--The Secretary shall be solely and exclusively responsible for the administration of this section. This section shall apply with respect to the design, development, clinical testing and investigation, manufacture, labeling, distribution, sale, purchase, donation, dispensing, administration, or use of a security countermeasure or a qualified pandemic or epidemic product. ``(b) Litigation Management.-- ``(1) Federal cause of action.-- ``(A) In general.--There shall exist an exclusive Federal cause of action for all claims arising out of, relating to, or resulting from the design, development, clinical testing and investigation, manufacture, labeling, distribution, sale, purchase, donation, dispensing, administration, and use of a qualified pandemic or epidemic product or a security countermeasure as provided for in clauses (i) and (ii) of paragraph (2)(B). ``(B) Action.--With respect to the Federal cause of action provided in subparagraph (A)-- ``(i) an action may be commenced solely and exclusively against the United States for claims identified in subparagraph (A) that are against a manufacturer, distributor, or health care provider; ``(ii) no cause of action shall be maintained against a manufacturer, distributor, or health care provider for claims identified in subparagraph (A); and ``(iii) for products subject to designation by the Secretary as provided for in clause (ii) of paragraph (2)(B), the protections set forth in clauses (i) and (ii) shall apply to all claims identified in subparagraph (A) that involve products sold, purchased, donated, dispensed, or administered during the effective period set forth in the designation provided for in paragraph (2)(F), regardless of the date of alleged injury. ``(C) Jurisdiction.--The United States District Court for the District of Columbia shall have sole and exclusive jurisdiction over any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from the design, development, clinical testing and investigation, manufacture, labeling, distribution, sale, purchase, donation, dispensing, administration, or use of a qualified pandemic or epidemic product or security countermeasure as provided for in clauses (i) and (ii) of paragraph (2)(B). ``(2) Affirmative defense.-- ``(A) In general.--There shall be a rebuttable presumption that the Federal Government is immune from liability in an action described in subparagraph (B). ``(B) Action described.--An action described in this subparagraph is an action that is commenced against the United States for claims arising out of, relating to, or resulting from the design, development, clinical testing and investigation, manufacture, labeling, distribution, sale, purchase, donation, dispensing, administration, or use of-- ``(i) a security countermeasure that has been procured for the National Strategic Stockpile under section 319F-2 or a qualified pandemic or epidemic product that has been procured by the Secretary; or ``(ii) a security countermeasure or qualified pandemic or epidemic product in anticipation of and preparation for, in defense against, or in response or recovery to an actual or potential public health emergency, that is a security countermeasure or is designated as a qualified pandemic or epidemic product by the Secretary after the Secretary declared a public health emergency as described in paragraph (1) or (2) of section 319(a). ``(C) Rebuttability.-- ``(i) In general.--The presumption described in subparagraph (A) shall be overcome by a determination by the Secretary as provided for in subparagraph (D). ``(ii) Investigation by secretary.--A party seeking a determination under subparagraph (D) may petition the Secretary to investigate claims against a manufacturer, distributor, dispenser, or health care provider arising out of, relating to, or resulting from the design, development, clinical testing and investigation, manufacture, labeling, distribution, sale, purchase, donation, dispensing, administration, or use of products as provided for in clauses (i) and (ii) of subparagraph (B). The decision to undertake such investigation shall be within the Secretary's discretion and shall not be subject to judicial review. ``(D) Determination by secretary.-- ``(i) In general.--In making a determination under this subparagraph, the Secretary must find clear and convincing evidence that the manufacturer, distributor, or health care provider intentionally or with willful disregard violated a provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or this Act and such violation-- ``(I) caused the product to present a significant risk to health; and ``(II) proximately caused the injury alleged by the petitioner. ``(ii) Notice and hearing.--Prior to the Secretary's making a determination under clause (i), the manufacturer, distributor, dispenser, or health care provider shall have notice and a right to a formal hearing in accordance with section 556 of title 5, United States Code. ``(iii) Judicial review.--At any time prior to the 90th day following a determination by the Secretary under clause (i) of this subparagraph, any manufacturer, distributor, or health care provider who will be adversely affected by such determination may file a petition with the United States Court of Appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review of such determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by the Secretary for that purpose. The Secretary thereupon shall file in the court the record of the findings on which the Secretary based his or her determination. The filing of a petition under this clause shall automatically stay the Secretary's determination for the duration of the judicial proceeding. The sole parties to the judicial proceeding shall be the Secretary and the petitioner. Intervention by third parties in the judicial proceeding shall not be permitted. No subpoenas shall be issued nor shall other compulsory process apply. The court's review of a determination by the Secretary under this clause shall conform to the procedures for judicial review of administrative orders set forth in paragraphs (2) through (6) of section 371(f) of title 21, United States Code, to the extent consistent with this section. ``(E) Scope.--The presumption under subparagraph (A) shall apply regardless of whether the claim against the United States arises from the design, development, clinical testing and investigation, manufacture, labeling, distribution, sale, purchase, donation, dispensing, administration, or use by the Federal Government or by non-Federal Government customers. ``(F) Designation.--In any declaration of a public health emergency under section 319, the Secretary shall identify the pandemic, epidemic, or biological, chemical, nuclear agent, or toxin that presents, or may present, a public health emergency and shall designate the security countermeasure(s) or qualified pandemic or epidemic product(s) to be sold by, purchased from, or donated by a manufacturer or drawn from the National Strategic Stockpile and shall specify in such designation the beginning and ending dates of such sale, purchase, donation, or use from the stockpile. The period so defined shall be the effective period of such qualification for any products specified in the designation. The declaration shall subsequently be amended to reflect any additional sale, purchase, or donation of products specified in the designation. ``(c) Definitions.--In this section: ``(1) Health care provider.--The term `health care provider' means a person, including a volunteer, who lawfully prescribes, administers, dispenses, or provides a facility to administer a security countermeasure or a qualified pandemic or epidemic product, including persons who prescribe, administer, or provide a facility to administer in accordance with a designation under subsection (b)(2)(F). ``(2) Loss.--The term `loss' means death, bodily injury, or loss of or damage to property, including business interruption loss. ``(3) Non-federal government customers.--The term `non- Federal Government customers' means any customer of a manufacturer that is not an agency or instrumentality for the United States Government with authority under Public Law 85-804 to provide for indemnification under certain circumstances for third-party claims against its contractors, including a State, a local authority, a private entity, a health care provider, or an individual. ``(4) Qualified pandemic or epidemic product.--The term `qualified pandemic or epidemic product' means a drug (as such term is defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1))), biological product (as such term is defined by section 351(i) of this Act) or device (as such term is defined by section 201(h) of the Federal food, Drug and Cosmetic Act (21 U.S.C. 321(h))) designed, developed, modified, or procured to diagnose, mitigate, prevent, treat, or cure a pandemic or epidemic or limit the harm such pandemic or epidemic might otherwise cause or a serious or life-threatening disease or condition caused by such a product, that-- ``(A) is approved or cleared under chapter V of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of this Act; ``(B) is a product for which the Secretary determines that sufficient and satisfactory clinical experience or research data (including data, if available, from pre-clinical and clinical trials) support a reasonable conclusion that the countermeasure will qualify for approval or licensing within 8 years after the date the Secretary declares a public health emergency as described in paragraph (1) or (2) of section 319(a); or ``(C) is authorized by the Secretary under this section, except that the Secretary may authorize under this section the emergency use of a product only if, after consultation with the Director of the National Institutes of Health and the Director of the Centers for Disease Control and Prevention (to the extent feasible and appropriate given the circumstances of the emergency involved), the Secretary concludes-- ``(i) that an agent or toxin identified in a declaration described under subsection (b) can cause a serious or life-threatening disease or condition; ``(ii) that, based on the totality of the scientific evidence available to the Secretary, including data from adequate and well- controlled clinical trials, if available, it is reasonable to believe that-- ``(I) the product may be effective in diagnosing, mitigating, preventing, treating or curing-- ``(aa) a pandemic or epidemic; or ``(bb) a serious or life- threatening disease or condition caused by a product; and ``(II) the known and potential benefits of the product, when used to diagnose, mitigate, prevent, treat or cure such disease or condition, outweigh the known and potential risks of the product; ``(iii) that there is no adequate, approved, and available alternative to the product for diagnosing, mitigating, preventing, treating or curing such disease or condition; and ``(iv) that such other criteria as the Secretary may by regulation prescribe are satisfied. ``(5) Security countermeasure.--The term `security countermeasure' has the meaning given such term in section 319F-2(c)(1)(B).''. SEC. 3. TECHNICAL AMENDMENT. Section 319(a)(1) of the Public Health Service Act (42 U.S.C. 247d (a)(1)) is amended by inserting ``, or may present,'' after ``present''.", "summary": "Bioterror and Pandemic Preparedness Protection Act - Amends the Public Health Service Act to establish an exclusive federal cause of action for all claims relating to a qualified pandemic or epidemic product or a security countermeasure. Restricts all causes of action for such claims against a manufacturer, distributor, or health care provider and instead provides for sole and exclusive action against the United States. Gives jurisdiction over such an action to the U.S. District Court for the District of Columbia. Establishes a rebuttable presumption of immunity for the federal government in any such action concerning: (1) a security countermeasure that has been procured for the National Strategic Stockpile; (2) a qualified pandemic or epidemic product that has been procured by the Secretary of Health and Human Services; or (3) a security countermeasure or designated qualified pandemic or epidemic product relating to an actual or potential public health emergency. Allows a party to petition the Secretary to investigate claims against a manufacturer, distributor, dispenser, or heath care provider. Disallows judicial review of the Secretary's decision as to whether to undertake such an investigation. Declares that the immunity presumption shall be overcome by a determination by the Secretary, by finding clear and convincing evidence, that the manufacturer, distributor, or health care provider intentionally or with willful disregard violated the Federal Food, Drug, and Cosmetic Act or this Act and that such violation: (1) caused the product to present a significant health risk; and (2) proximately caused the injury alleged by the petitioner."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cleaning Product Right to Know Act of 2011''. SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT. (a) Labeling Requirement.--Beginning 1 year after the date of enactment of this Act, a cleaning product manufactured for sale, offered for sale, distributed in commerce, or imported to the United States after such date shall bear a label on the product's container or packaging with a complete and accurate list of all the product's ingredients, including the individual ingredients in dyes, fragrances, and preservatives. Ingredients shall be listed in accordance with the following: (1) Each ingredient shall be listed by the name assigned to it by the International Nomenclature of Cosmetic Ingredients. If there is no such name, by the name assigned to it by the International Union of Pure and Applied Chemistry. If there is no such name, the ingredient may be listed by its common chemical name. (2) Ingredients shall be listed in descending order of predominance in the product by weight, other than ingredients that constitute less than 1 percent of the product, which may be listed at the end in any order. (b) Exemptions.-- (1) Exemption for undetectable ingredients.--The Commission may exempt from the labeling requirement an ingredient that is present in a cleaning product at such low levels that detection of the ingredient in the product is not technologically feasible. (2) Exemption for ingredients constituting trade secrets.-- (A) In general.--An ingredient may be exempt from the labeling requirements of this section if the manufacturer demonstrates to the Commission that such ingredient is a trade secret, as determined by the Commission under subparagraph (D), based on a claim submitted by the manufacturer under subparagraph (B). An exemption for an ingredient under this paragraph shall be for a period of 5 years, after which the manufacturer may again submit a claim for an additional 5-year exemption. (B) Claims of trade secrecy.--A manufacturer making a claim that an ingredient is a trade secret shall file such claim with the Commission. Such claim shall contain-- (i) the identity of the person making the claim; (ii) a brief description of the information for which trade secret protection is being claimed; (iii) the period of time for which trade secret protection is claimed and a justification for the period selected; (iv) the extent to which the information is known by employees or others involved with the facility or business, and whether or not those individuals with knowledge are bound by non- disclosure agreements; (v) the extent to which the information is known outside of the facility or business of the person, and whether or not individuals with such knowledge are bound by non-disclosure agreements; (vi) the measures taken to restrict access to and safeguard the information, and whether or not the person plans to continue utilizing such measures; (vii) copies of, or references to, any pertinent confidentiality determinations previously made by any public agencies; (viii) the estimated dollar value of the claimed information to the person's facility or business, and to that person's competitors; (ix) the amount of effort or money expended by the person's facility or business in developing the information; (x) the ease or difficulty with which the information could be properly acquired, duplicated or reverse-engineered by others; (xi) a description of the nature and extent of substantial harm that would be caused if the information were made public, including an explanation of the causal relationship between disclosure and the harmful effects claimed; (xii) the signature of the person's general counsel or other executive with knowledge of the preparation of the substantiating information certifying under penalty of perjury, based upon the knowledge and belief of the signatory, that-- (I) the substantiating information is true, accurate, and complete; (II) the information for which trade secret protection is claimed is not otherwise publicly available; and (III) there is a reasonable basis to assert trade secret protection for the information so claimed; and (xiii) the name, mailing address, telephone number and email address of the individual to be contacted if any additional information is needed by the Commission to make a determination. (C) Limitation.--No ingredient may be claimed as a trade secret if such ingredient-- (i) is publicly know to be in the product; (ii) can be discovered through a standard process of reverse engineering; (iii) is a hazardous substance within the meaning of section 2(f) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)); or (iv) is a substance-- (I) meeting the criteria for category 1 or category 2 for any of the toxicity endpoints established by the Globally Harmonized System for the Classification and Labeling of Hazardous Substances that causes an adverse effect that has been demonstrated in humans or other exposed organisms; or (II) for which the weight of evidence (such as demonstration of an adverse effect, laboratory studies, or data for a chemical from the same chemical class that exhibits that adverse effect) demonstrates the potential for an adverse effect in humans or other exposed organisms, including actual or potential effects of exposure to the chemical substance or mixture on mortality, morbidity, including carcinogenesis, reproduction, growth and development, the immune system, the endocrine system, the brain or nervous system, other organ systems, or any other biological functions in humans or nonhuman organisms. (D) CPSC determination.--As promptly as practicable after receiving the information submitted by a manufacturer, the Commission shall make a determination on the basis of such information as to whether the ingredient is a legitimate trade secret and shall notify the manufacturer of its determination. (c) Treatment Under the FHSA.--A cleaning product that is not in conformity with the labeling requirements of subsection (a) and not exempt from such requirements pursuant to subsection (b) shall be treated as a substance defined in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)) for purposes of such Act. (d) No Effect on Existing Labeling Requirements.--Nothing in this Act shall be interpreted as having any effect on any labeling requirements in effect before the date of enactment of this Act as described in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)). (e) Rulemaking Authority.--The Commission may issue such regulations it determines necessary to provide for the effective enforcement of this Act, and shall consult with the Administrator of the Environmental Protection Agency as necessary. SEC. 3. PUBLIC RIGHT TO KNOW PETITION. (a) Petition.--Any person may submit a petition to the Commission alleging that a cleaning product available in interstate commerce does not satisfy the labeling requirements of this Act. (b) Action by the Commission.--The Commission shall notify a petitioner of the receipt of a petition within 30 days after receipt of such petition. The Commission shall investigate the claims made by the petition and make a determination as to the validity of such claims within 180 days after acknowledging the receipt of such petition. If the Commission sustains the claim or claims made by the petition, the Commission shall initiate the proper enforcement actions required by law. (c) Regulations.--The Commission may issue such regulations as it determines necessary to require that petitions include a reasonable evidentiary basis for the claims made therein. SEC. 4. REQUIRED INTERNET DISCLOSURE. (a) Manufacturer Disclosure.--Each manufacturer of a cleaning product shall make available in a clear and conspicuous location on the website of such manufacturer, if the manufacturer maintains a website, a complete list of each of the manufacturer's cleaning products' ingredients not later than 6 months after the date of enactment of this Act. (b) Content and Requirements of Disclosure.--The disclosure required by subsection (a) shall-- (1) name and list the product's ingredients in the manner prescribed in section 3; (2) be reviewed every 120 days and revised as necessary to reflect changes to cleaning products; (3) include the appropriate Chemical Abstract Services number for each ingredient; (4) identify any potential adverse health effect of each ingredient in the cleaning product and use the appropriate signal word or hazard descriptor as prescribed in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)); and (5) be sortable by product, ingredient, adverse health effect, and other categories as determined by the Commission. (c) Commission Disclosure.--Promptly after the date set forth in subsection (a), the Commission shall provide on the website of the Commission a web page that aggregates the information made available by manufacturers under such subsection and that allows users to compare products made by different manufacturers. Such web page shall be reviewed every 6 months and revised as necessary to reflect changes to cleaning products. (d) Language Accessibility.--The disclosures required to be made on a website or web page subject to this section shall be available in English, Spanish, and any other language the Commission determines necessary to ensure that users of a cleaning product in the United States are informed as to the complete list of the product's ingredients and potential adverse health effects. SEC. 5. ENHANCED PENALTIES. Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1)) is amended by striking ``$15,000,000'' and inserting ``$30,000,000''. SEC. 6. REPORTING. Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Commission shall prepare a report on compliance with the labeling requirement of this Act and the enforcement activities of the Commission, and shall transmit such report to Congress and make it publicly available on the Internet. SEC. 7. PREEMPTION. Nothing in this Act affects the right of a State or political subdivision of a State to adopt or enforce any regulation, requirement, or standard of performance that is different from, or in addition to, a regulation, requirement, liability, or standard of performance established pursuant to this Act unless compliance with both this Act and the State or political subdivision of a State regulation, requirement, or standard of performance is impossible, in which case the applicable provision of this Act shall control. SEC. 8. DEFINITIONS. In this Act: (1) Adverse health effect.--The term ``adverse health effect'' means a chemical or biochemical change, anatomic change, or functional impairment, or a known precursor to such a change or impairment, that-- (A) has the potential to impair the performance of an anatomic structure of a vital system of an organism or progeny of an organism; (B) causes irreversible change in the homeostasis of an organism; (C) increases the susceptibility of an organism or progeny of an organism to other chemical or biological stressors or reduces the ability of an organism or progeny of an organism to respond to additional health or environmental challenges; or (D) affects, alters, or harms the environment such that the health of humans or other organisms is directly or indirectly threatened. (2) Air care product.--The term ``air care product'' means a chemically formulated consumer product designed to clean and freshen air or to deodorize and neutralize unwanted odors in the indoor air, including solid gels, air freshener spray, an outlet or battery operated air freshener, a hanging car air freshener, and a potpourri product. (3) Automotive product.--The term ``automotive product'' means a chemically formulated consumer product designed to maintain the appearance of a motor vehicle, but does not include automotive paint or a paint repair product. (4) Cleaning product.--The term ``cleaning product'' means any product used primarily for commercial, domestic, or institutional cleaning purposes, including an air care product, automotive product, disinfectant (except as provided in subparagraph (B)), and polish or floor maintenance product. Such term shall not include-- (A) any drug or cosmetics, including a personal care items such as toothpaste, shampoo, and hand soap; or (B) a product labeled, advertised, marketed, and distributed for use only as a pesticide, as defined by section 2(u) of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136(u)), including a disinfectant intended for use solely on critical or semi-critical devices as described by such section. (5) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (6) Ingredient.--The term ``ingredient'' means a chemical in a cleaning product, including-- (A) a chemical that provides a technical or functional effect; (B) a chemical that has no technical or functional effect but is present by reason of having been incorporated into the cleaning product as an ingredient of another chemical; (C) a processing aid that is present by reason of having been added to a cleaning product during the processing of such cleaning product; (D) any substance that is present by reason of having been added to a cleaning product during processing for its technical or functional effect; (E) any contaminant that may leach from container materials or form via reactions over the shelf life of a cleaning product and that may be present at levels where detection is technologically feasible; (F) with respect to a fragrance or preservative, each individual component part of the fragrance or preservative by its individual name; and (G) any individual component of a petroleum- derived, animal-derived, or other ingredient that the Commission determines be considered an ingredient. (7) Polish or floor maintenance product.--The term ``polish or floor maintenance product'' means a chemically formulated consumer product designed to polish, protect, or maintain furniture, floors, metal, leather, or other surfaces, including polish, wax, and restorer.", "summary": "Cleaning Product Right to Know Act of 2011 - Requires a cleaning product manufactured or offered for sale, distributed in commerce, or imported into the United States to bear a label listing each of its ingredients: (1) by the name assigned by the International Nomenclature of Cosmetic Ingredients or, if there is no such name, by the name assigned by the International Union of Pure and Applied Chemistry or, if there is none, by its common chemical name; and (2) in descending order of predominance by weight, except that ingredients that constitute less than 1% of the product can be listed at the end in any order. Allows the Consumer Product Safety Commission (CPSC) to exempt from such labeling requirement: (1) an ingredient that is present in a product at such low levels that detection is not technologically feasible, or (2) for five-year periods, an ingredient that a manufacturer demonstrates to be a trade secret. Sets forth required disclosures for, and limitations to, a manufacturer's claim that an ingredient is a trade secret. Requires a product that is not in conformity with the labeling requirements and not exempt to be treated as a misbranded hazardous substance under the Federal Hazardous Substances Act (FHSA). Increases penalties for violations of FHSA. Authorizes any person to petition the CPSC to investigate claims that a product does not satisfy the labeling requirements. Requires: (1) each cleaning product manufacturer to make available on its website a complete list of ingredients for each product, including any potential adverse health effect of each ingredient; and (2) CPSC to provide on its website aggregated information that allows users to compare products made by different manufacturers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Review of the Overseas Military Facility Structure of the United States Act of 2011''. SEC. 2. COMMISSION ON REVIEW OF OVERSEAS MILITARY FACILITY STRUCTURE OF THE UNITED STATES. (a) In General.-- (1) Establishment.--There is established the Commission on the Review of the Overseas Military Facility Structure of the United States (in this section referred to as the ``Commission''). (2) Composition.-- (A) In general.--The Commission shall be composed of eight members of whom-- (i) two shall be appointed by the majority leader of the Senate; (ii) two shall be appointed by the minority leader of the Senate; (iii) two shall be appointed by the Speaker of the House of Representatives; and (iv) two shall be appointed by the minority leader of the House of Representatives. (B) Qualifications.--Individuals appointed to the Commission shall have significant experience in the national security or foreign policy of the United States. (C) Deadline for appointment.--Appointments of the members of the Commission shall be made not later than 45 days after the date of the enactment of this Act. (D) Chairman and vice chairman.--The Commission shall select a Chairman and Vice Chairman from among it members. (3) Tenure; vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Meetings.-- (A) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (B) Calling of the chairman.--The Commission shall meet at the call of the Chairman. (C) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (b) Duties.-- (1) Study of overseas military facility structure.-- (A) In general.--The Commission shall conduct a thorough study of matters relating to the military facility structure of the United States overseas. (B) Scope.--In conducting the study, the Commission shall-- (i) assess the number of forces required to be forward based outside the United States; (ii) examine the current state of the military facilities and training ranges of the United States overseas for all permanent stations and deployed locations, including the condition of land and improvements at such facilities and ranges and the availability of additional land, if required, for such facilities and ranges; (iii) identify the amounts received by the United States, whether in direct payments, in- kind contributions, or otherwise, from foreign countries by reason of military facilities of the United States overseas; (iv) assess the feasibility and advisability of the closure or realignment of military facilities of the United States overseas, or of the establishment of new military facilities of the United States overseas; (v) consider the findings of the February 2011 Government Accountability Office report, ``Additional Cost Information and Stakeholder Input Necessary to Assess Military Posture in Europe'', GAO-11-131; and (vi) consider or assess any other issue relating to military facilities of the United States overseas that the Commission considers appropriate. (2) Report.-- (A) In general.--Not later than 60 days after holding its final public hearing, the Commission shall submit to the President and Congress a report which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (B) Proposed overseas basing strategy.--In addition to the matters specified in subparagraph (A), the report shall also include a proposal by the Commission for an overseas basing strategy for the Department of Defense in order to meet the current and future mission of the Department, taking into account heightened fiscal constraints. (C) Focus on particular issues.--The report shall focus on current and future geopolitical posturing, operational requirements, mobility, quality of life, cost, and synchronization with the combatant commands. (c) Powers.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information sharing.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Administrative support.--Upon request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support necessary for the Commission to carry out its duties under this section. (4) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (5) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Personnel Matters.-- (1) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission under this section. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel.-- (A) Expenses.--Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission under this section. (B) Military aircraft.--Members and staff of the Commission may receive transportation on military aircraft to and from the United States, and overseas, for purposes of the performance of the duties of the Commission to the extent that such transportation will not interfere with the requirements of military operations. (3) Staffing.-- (A) Executive director.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties under this section. The employment of an executive director shall be subject to confirmation by the Commission. (B) Staff.--The Commission may employ a staff to assist the Commission in carrying out its duties. The total number of the staff of the Commission, including an executive director under subparagraph (A), may not exceed 12. (C) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Details.--Any employee of the Department of Defense, the Department of State, or the Government Accountability Office may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Temporary and intermittent services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Security.-- (1) Security clearances.--Members and staff of the Commission, and any experts and consultants to the Commission, shall possess security clearances appropriate for their duties with the Commission under this section. (2) Information security.--The Secretary of Defense shall assume responsibility for the handling and disposition of any information relating to the national security of the United States that is received, considered, or used by the Commission under this section. (f) Termination.--The Commission shall terminate 45 days after the date on which the Commission submits its report under subsection (b).", "summary": "Commission on the Review of the Overseas Military Facility Structure of the United States Act of 2011 - Establishes the Commission on the Review of the Overseas Military Facility Structure of the United States to: (1) conduct a thorough study of matters relating to the U.S. overseas military facility structure, and (2) report study findings and conclusions to the President and Congress. Requires the report to include a proposal for an overseas basing strategy for the Department of Defense (DOD) to meet current and future DOD missions during periods of heightened fiscal constraints."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``9/11 Commission Review Act''. SEC. 2. ESTABLISHMENT. There is established in the legislative branch a National Commission to Review the National Response Since the Terrorist Attacks of September 11, 2001 (referred to as the ``9/11 Review Commission''). SEC. 3. PURPOSES OF THE 9/11 REVIEW COMMISSION. The 9/11 Review Commission shall conduct a comprehensive review of the implementation of the recommendations proposed in the report issued by the National Commission on Terrorist Attacks Upon the United States (commonly known as the ``9/11 Commission''), as established pursuant to section 601 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306). The review of the 9/11 Review Commission shall-- (1) assess the progress and challenges in carrying out the recommendations of the 9/11 Commission, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure implemented since the attacks of September 11, 2001; (2) analyze the trends of domestic terror attacks since the attacks of September 11, 2001, including the growing influence of domestic radicalization and its causes, and recommendations on how Federal, State, and local agencies can deter and mitigate such radicalization; (3) investigate whether there exists evidence that was not considered by the 9/11 Commission of any conduct, relationships, or other factors which served in any manner to contribute to, facilitate, support, or assist the hijackers who carried out the terrorist attacks of September 11, 2001; and (4) provide additional recommendations with regard to protecting United States homeland security, ensuring interagency intelligence sharing, and other matters relating to counterterrorism policy. SEC. 4. COMPOSITION OF THE 9/11 REVIEW COMMISSION. The 9/11 Review Commission shall be composed of a chairman, to be appointed by the Speaker of the House of Representatives, and a vice chairman, to be appointed by the Majority Leader of the Senate. SEC. 5. AUTHORITY OF 9/11 REVIEW COMMISSION. (a) Hearings and Evidence.--The 9/11 Review Commission, or any panel acting on the authority of the 9/11 Review Commission, may-- (1) hold hearings, take testimony, receive evidence, and administer oaths; and (2) subject to subsection (b)(1), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, electronic communications, papers, and documents, as the 9/11 Review Commission or such designated panel may determine advisable. (b) Subpoena Authority.-- (1) Issuance.--Upon the agreement of the chairman and the vice chairman, the chairman may issue a subpoena to compel the production of documents or sworn testimony. (2) Process.--Subpoenas issued pursuant to this subsection shall be signed by the chairman or any person designated by the chairman, and may be served by any person designated by the chairman. (3) Enforcement.-- (A) In general.--In the event that any person fails to obey a subpoena issued pursuant to paragraph (1), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any person failing to obey the order of the court may be held in contempt of the court. (B) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the chairman may certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192-194). (c) Information From Federal Agencies.-- (1) In general.--The 9/11 Review Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the 9/11 Review Commission, upon request made by the chairman or the vice chairman. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by the 9/11 Review Commission, including its staff, in accordance with all applicable statutes, regulations, and Executive orders. (d) Advisory Panels.--The chairman may establish advisory panels composed of individuals, including such experts as the chairman determines appropriate, who may undertake investigations, evaluate evidence, make findings, and provide recommendations to the 9/11 Review Commission. (e) Contracting.--The 9/11 Review Commission may, to such extent and in such amounts as are provided in by appropriations, enter into contracts to enable the Commission to discharge its duties under this title. (f) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the 9/11 Review Commission, on a reimbursable basis, administrative support and other services for the performance of the 9/11 Review Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), the heads of Federal departments and agencies may provide to the 9/11 Review Commission such services, funds, facilities, staff, and other support services as such heads may determine advisable and as may be authorized by law. (g) Postal Services.--The 9/11 Review Commission may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. SEC. 6. COMPENSATION. The chairman and vice chairman of the 9/11 Review Commission may receive compensation in an amount not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the chairman or vice chairman, as the case may be, is engaged in the actual performance of the duties of the 9/11 Review Commission. SEC. 7. APPOINTMENT OF STAFF. (a) In General.--The chairman, in consultation with the vice chairman and in accord with any rule agreed upon by the 9/11 Review Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the 9/11 Review Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the 9/11 Review Commission, members and staff of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (c) Staff as Federal Employees.-- (1) In general.--Any staff receiving compensation under this section shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (2) Members of commission.--Paragraph (1) shall not be construed to apply to the chairman or vice chairman. (d) Detailees.--Any Federal Government employee may be detailed to the 9/11 Review Commission without reimbursement from the 9/11 Review Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (e) Consultant Services.--The 9/11 Review Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall provide to the 9/11 Review Commission, to the extent possible, personnel with appropriate security clearances. No person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 9. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 9/11 Review Commission. (b) Public Meetings and Release of Public Versions of Reports.--The 9/11 Review Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under this Act. (c) Public Hearings.--Any public hearings of the 9/11 Review Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the 9/11 Review Commission as required by any applicable statute, regulation, or Executive order. SEC. 10. REPORTS OF 9/11 REVIEW COMMISSION. (a) Interim Reports.--The 9/11 Review Commission may submit to the President and provide to Congress interim reports containing its findings, conclusions, and recommendations, and may submit with such reports any classified annexes. (b) Final Report.--Not later than 12 months after the date of the enactment of this Act, the 9/11 Review Commission shall submit to the President and appropriate congressional committees (as such term is defined in section 101 of the Homeland Security Act of 2002 (6 U.S.C. 101)) a final report, together with a classified annex if such is determined appropriate, containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by the chairman and vice chairman. (c) Termination.-- (1) In general.--The 9/11 Review Commission, and all the authorities of this Act, shall terminate 30 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The 9/11 Review Commission may use the 30-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to Congress concerning its reports and disseminating the final report. SEC. 11. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 to carry out this Act. (b) Duration of Availability.--Amounts made available to the 9/11 Review Commission under this section shall remain available until the termination of the 9/11 Review Commission.", "summary": "9/11 Commission Review Act - Establishes in the legislative branch a National Commission to Review the National Response Since the Terrorist Attacks of September 11, 2001. Directs the Commission to conduct a comprehensive review of the implementation of the recommendations proposed in the report issued by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) and to: (1) assess the progress and challenges in carrying out such recommendations; (2) analyze the trends of domestic terror attacks since the attacks of September 11, 2001, including the growing influence of domestic radicalization and how federal, state, and local agencies can deter and mitigate it; (3) investigate whether there is evidence of any conduct, relationships, or other factors which served to contribute to, facilitate, support, or assist the hijackers who carried out the attacks that was not considered by the 9/11 Commission; and (4) provide additional recommendations with regard to U.S. homeland security protection, interagency intelligence sharing, and counterterrorism policy."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Investor Confidence Act of 2002''. SEC. 2. 55-PERCENT CAPITAL GAINS DEDUCTION FOR TAXPAYERS OTHER THAN CORPORATIONS. (a) In General.--Section 1202 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 1202. CAPITAL GAINS DEDUCTION. ``(a) General Rule.--If for any taxable year a taxpayer other than a corporation has a net capital gain, 55 percent of such gain shall be a deduction from gross income. ``(b) Estates and Trusts.--In the case of an estate or trust, the deduction shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets. ``(c) Coordination With Treatment of Capital Gain Under Limitation on Investment Interest.--For purposes of this section, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ``(d) Transitional Rule.-- ``(1) In general.--In the case of a taxable year which includes January 1 of the year following the date of enactment of this section-- ``(A) the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year on or after such January 1, and ``(B) the amount of the net capital gain taken into account in applying section 1(h) for such year shall be reduced by the amount taken into account under subparagraph (A) for such year. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.''. (b) Deduction Allowable in Computing Adjusted Gross Income.-- Section 62(a) of such Code (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Long-term capital gains.--The deduction allowed by section 1202.''. (c) Conforming Amendments.-- (1) Section 1 of such Code is amended by striking subsection (h). (2) Section 170(e)(1) of such Code is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``45 percent (50 percent in the case of a corporation) of the amount of gain''. (3) Section 172(d)(2)(B) of such Code is amended to read as follows: ``(B) the deduction under section 1202 shall not be allowed.''. (4) The last sentence of section 453A(c)(3) of such Code is amended by striking all that follows ``long-term capital gain,'' and inserting ``the maximum rate on net capital gain under section 1201 or the deduction under section 1202 (whichever is appropriate) shall be taken into account.''. (5) Section 642(c)(4) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1202 (relating to capital gains deduction). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).''. (6) The last sentence of section 643(a)(3) of such Code is amended to read as follows: ``The deduction under section 1202 (relating to capital gains deduction) shall not be taken into account.''. (7) Section 643(a)(6)(C) of such Code is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1202 (relating to capital gains deduction) shall not be taken into account''. (8)(A) Section 904(b)(2) of such Code is amended by striking subparagraph (A), by redesignating subparagraph (B) as subparagraph (A), and by inserting after subparagraph (A) (as so redesignated) the following: ``(B) Other taxpayers.--In the case of a taxpayer other than a corporation, taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.''. (B) Section 904(b)(2)(A) of such Code, as so redesignated, is amended-- (i) by striking all that precedes clause (i) and inserting the following: ``(A) Corporations.--In the case of a corporation-- '', and (ii) in clause (i), by striking ``in lieu of applying subparagraph (A),''. (C) Section 904(b)(3) of such Code is amended by striking subparagraphs (D) and (E) and inserting the following: ``(D) Rate differential portion.--The rate differential portion of foreign source net capital gain, net capital gain, or the excess of net capital gain from sources within the United States over net capital gain, as the case may be, is the same proportion of such amount as the excess of the highest rate of tax specified in section 11(b) over the alternative rate of tax under section 1201(a) bears to the highest rate of tax specified in section 11(b).''. (D) Section 593(b)(2)(D)(v) of such Code is amended-- (i) by striking ``if there is a capital gain rate differential (as defined in section 904(b)(3)(D)) for the taxable year,'', and (ii) by striking ``section 904(b)(3)(E)'' and inserting ``section 904(b)(3)(D)''. (9) Section 1044(d) of such Code is amended by striking the last sentence. (10)(A) Section 1211(b)(2) of such Code is amended to read as follows: ``(2) the sum of-- ``(A) the excess of the net short-term capital loss over the net long-term capital gain, and ``(B) one-half of the excess of the net long-term capital loss over the net short-term capital gain.''. (B) So much of section 1212(b)(2) of such Code as precedes subparagraph (B) thereof is amended to read as follows: ``(2) Special rules.-- ``(A) Adjustments.-- ``(i) For purposes of determining the excess referred to in paragraph (1)(A), there shall be treated as short-term capital gain in the taxable year an amount equal to the lesser of-- ``(I) the amount allowed for the taxable year under paragraph (1) or (2) of section 1211(b), or ``(II) the adjusted taxable income for such taxable year. ``(ii) For purposes of determining the excess referred to in paragraph (1)(B), there shall be treated as short-term capital gain in the taxable year an amount equal to the sum of-- ``(I) the amount allowed for the taxable year under paragraph (1) or (2) of section 1211(b) or the adjusted taxable income for such taxable year, whichever is the least, plus ``(II) the excess of the amount described in subclause (I) over the net short-term capital loss (determined) without regard to this subsection) for such year.''. (C) Section 1212(b) of such Code is amended by adding at the end of the following: ``(3) Transitional rule.--In the case of any amount which, under this subsection and section 1211(b) (as in effect for taxable year beginning before January 1, 2003), is treated as a capital loss in the first taxable year beginning after December 31, 2002, paragraph (2) and section 1211(b) (as so in effect) shall apply (and paragraph (2) and section 1211(b) as in effect for taxable years beginning after December 31, 2002, shall not apply) to the extent such amount exceeds the total of any capital gain net income (determined without regard to this subsection) for taxable years beginning after December 31, 2002.''. (11) Section 1402(i)(1) of such Code is amended by inserting``, and the deduction provided by section 1202 shall not apply'' before the period at the end thereof. (12) Section 1445(e) of such Code is amended-- (A) in paragraph (1), by striking ``35 percent (or, to the extent provided in regulations, 20 percent)'' and inserting ``17.5 percent (or, to the extent provided in regulation, 15.6 percent)'', and (B) in paragraph (2), by striking ``35 percent'' and inserting ``17.5 percent''. (13)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) applies'', and (ii) by striking ``20 percent (34 percent'' and inserting ``10 percent (15.3 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) of such Code applies'', and (ii) by striking ``20 percent (34 percent'' and inserting ``10 percent (15.3 percent''. (14) The item relating to section 1202 in the table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1202. Capital gains deduction.''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments, made by this section apply to taxable years ending after December 31 of the year which includes the date of enactment of this Act. (2) Repeal of section 1(h).--The amendment made by subsection (c)(1) applies to taxable years beginning on or after January 1 of the year following the date of enactment of this Act. (3) Contributions.--The amendment made by subsection (c)(2) applies to contributions on or after January 1 of the year following the date of enactment of this Act. (4) Use of long-term losses.--The amendments made by subsection (c)(10) apply to taxable years beginning on or after January 1 of the second year following the date of enactment of this Act. (5) Withholding.--The amendments made by subsection (c)(12) apply only to amounts paid on or after January 1 of the year following the date of enactment of this Act. SEC. 3. 55-PERCENT EXCLUSION OF DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. 55-PERCENT EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include 55 percent of the amounts received during the taxable year by an individual as dividends from domestic corporations. ``(b) Certain Dividends Excluded.--Subsection (a) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organization) or section 521 (relating to farmers' cooperative associations). ``(c) Special Rules.--For purposes of this section-- ``(1) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k).'' (b) Conforming Amendments.-- (1)(A) Subparagraph (A) of section 135(c)(4) of such Code is amended by inserting ``116,'' before ``137''. (B) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.'' (2) Subsection (c) of section 584 of such Code is amended by adding at the end thereof the following new flush sentence: ``The proportionate share of each participant in the amount of dividends received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.'' (3) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends.--There shall be included the amount of any dividends excluded from gross income pursuant to section 116.'' (4) Section 854(a) of such Code is amended by inserting ``section 116 (relating to partial exclusion of dividends received by individuals) and'' after ``For purposes of''. (5) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to partial exclusion of dividends received by individuals), a capital gain dividend (as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend.'' (6) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. 55-percent exclusion of dividends received by individuals.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31 of the year which includes the date of enactment of this Act.", "summary": "Restoring Investor Confidence Act of 2002 - Amends the Internal Revenue Code to revise rules concerning capital gain for taxpayers other than corporations to establish a new general rule which provides that if for any taxable year a taxpayer other than a corporation has a capital gain, 55 percent of such gain shall be a deduction from gross income.Excludes from individual gross income 55 percent of dividends received from a domestic corporation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Equity Act of 1993''. SEC. 2. INDEXATION OF GUARANTEED LOAN LIMITS IN COUNTIES WITH ABOVE AVERAGE LAND COSTS. (a) Guaranteed Real Estate Loans.--Section 305 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925) is amended-- (1) by inserting ``(a)'' before ``The Secretary shall make''; (2) by inserting ``multiplied by the adjustment factor calculated under subsection (b) for the area in which the borrower is located'' after ``$300,000''; and (3) by adding at the end the following: ``(b)(1) Upon the enactment of this subsection, and not later than the date any Census of Agriculture is completed, the Secretary shall calculate-- ``(A) the average value of land and buildings in each defined area in the United States; and ``(B) the adjustment factor for each such area in accordance with paragraph (2). ``(2) The adjustment factor for any defined area shall be 1.00, plus an amount that is directly proportional to the percentage (if any) by which the average value of land and buildings in the defined area exceeds the average value of land and buildings in the United States. The Secretary shall determine the proportion to be used in calculating adjustment factors under this subsection. ``(3) As used in paragraph (1), the term `defined area' means-- ``(A) a county; and ``(B) any other area if the Secretary deems it appropriate to calculate a separate adjustment factor for the area to better serve the credit needs of family farms in the area.''. (b) Guaranteed Operating Loans.--Section 313 of such Act (7 U.S.C. 1943) is amended-- (1) by inserting ``(a)'' before ``The Secretary shall make''; (2) by inserting ``multiplied by the adjustment factor calculated under subsection (b) for the area in which the borrower is located'' after ``$400,000''; and (3) by adding at the end the following: ``(b)(1) Upon the enactment of this subsection, and not later than the date any Census of Agriculture is completed, the Secretary shall calculate-- ``(A) the average value of land and buildings in each defined area in the United States; and ``(B) the adjustment factor for each such area in accordance with paragraph (2). ``(2) The adjustment factor for any defined area shall be 1.00, plus an amount that is directly proportional to the percentage (if any) by which the average value of land and buildings in the defined area exceeds the average value of land and buildings in the United States. The Secretary shall determine the proportion to be used in calculating adjustment factors under this subsection. ``(3) As used in paragraph (1), the term `defined area' means-- ``(A) a county; and ``(B) any other area if the Secretary deems it appropriate to calculate a separate adjustment factor for the area to better serve the credit needs of family farms in the area.''. (c) Elimination of Ceiling on Price of Property Which May Be Acquired Under the Down Payment Loan Program.--Section 310E of such Act (7 U.S.C. 1935) is amended-- (1) in subsection (b)(1), by inserting ``the lesser of $75,000, or'' before ``30''; and (2) in subection (c), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). SEC. 3. HIRED LABOR LIMITS. (a) Real Estate Loans.--Section 302 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922) is amended by adding at the end the following: ``(c)(1) The primary factor to be considered in determining whether an applicant for a loan under this subtitle is engaged primarily and directly in farming or ranching shall be whether the applicant is participating in routine, ongoing farm activities, and in overall decisionmaking with regard to the farm or ranch. ``(2) The Secretary may not deny a loan under this subtitle solely because more than 2 individuals are employed full-time in the farming operation for which the loan is sought.''. (b) Operating Loans.--Section 311 of such Act (7 U.S.C. 1941) is amended by adding at the end the following: ``(d)(1) The primary factor to be considered in determining whether an applicant for a loan under this subtitle is engaged primarily and directly in farming or ranching shall be whether the applicant is participating in routine, ongoing farm activities, and in overall decisionmaking with regard to the farm or ranch. ``(2) The Secretary may not deny a loan under this subtitle solely because more than 2 individuals are employed full-time in the farming operation for which the loan is sought.''. (c) Emergency Loans.--Section 321 of such Act (7 U.S.C. 1961) is amended by adding at the end the following: ``(e)(1) The primary factor to be considered in determining whether an applicant for a loan under this subtitle is engaged primarily and directly in farming or ranching shall be whether the applicant is participating in routine, ongoing farm activities, and in overall decisionmaking with regard to the farm or ranch. ``(2) The Secretary may not deny a loan under this subtitle solely because more than 2 individuals are employed full-time in the farming operation for which the loan is sought.''. SEC. 4. AVAILABILITY OF CREDIT ELSEWHERE. Sections 302(a)(4) and 311(a)(4) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)(4) and 1941(a)(4)) are each amended by inserting ``and the availability of conventional sources of funds for lending to agricultural producers in the community'' before the period. SEC. 5. GROWER-SHIPPER AGREEMENTS. (a) Real Estate Loans.--Section 302 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922) is amended by adding after the subsection added by section 3(a) of this Act the following: ``(d) This section shall not be construed to prohibit the Secretary from making a loan under this subtitle to an applicant therefor who has entered into an agreement with a shipper of perishable commodities under which the applicant and the shipper share in the proceeds of the sale of an agricultural commodity if-- ``(1) in the absence of such an agreement, the applicant could not easily market the agricultural commodity, or could not market the agricultural commodity without incurring significant additional risk; and ``(2) the agreement is clearly beneficial to the applicant.''. (b) Operating Loans.--Section 311 of such Act (7 U.S.C. 1941) is amended by adding after the subsection added by section 3(b) of this Act the following: ``(e) This section shall not be construed to prohibit the Secretary from making a loan under this subtitle to an applicant therefor who has entered into an agreement with a shipper of perishable commodities under which the applicant and the shipper share in the proceeds of the sale of an agricultural commodity if-- ``(1) in the absence of such an agreement, the applicant could not easily market the agricultural commodity, or could not market the agricultural commodity without incurring significant additional risk; and ``(2) the agreement is clearly beneficial to the applicant.''. (c) Emergency Loans.--Section 321 of such Act (7 U.S.C. 1961) is amended by adding after the subsection added by section 3(c) of this Act the following: ``(f) This section shall not be construed to prohibit the Secretary from making a loan under this subtitle to an applicant therefor who has entered into an agreement with a shipper of perishable commodities under which the applicant and the shipper share in the proceeds of the sale of an agricultural commodity if-- ``(1) in the absence of such an agreement, the applicant could not easily market the agricultural commodity, or could not market the agricultural commodity without incurring significant additional risk; and ``(2) the agreement is clearly beneficial to the applicant.''. SEC. 6. ELIGIBILITY FOR EMERGENCY LOANS. Section 321(a)(2)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)(2)(B)) is amended by inserting ``or, in the case of holders of the entire interest who are related by blood or marriage and all of whom are or will become farm operators, the ownership interest of each such holder separately constitutes not larger than a family farm, even if their interests collectively constitute larger than a family farm, as defined by the Secretary'' after ``operator of not larger than a family farm''.", "summary": "Agricultural Credit Equity Act of 1993 - Amends the Consolidated Farm and Rural Development Act to provide for indexing of guaranteed agricultural real estate and operating loan limits in high cost areas. Eliminates maximum property limits in the down payment loan program. Prohibits the denial of agricultural real estate, operating, or emergency loans based upon: (1) a farm's having more than two full-time employees; or (2) certain grower-shipper agreements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Milestones to Measure Progress in Ending the Opioid Epidemic Act of 2018''. SEC. 2. NATIONAL MILESTONES TO MEASURE SUCCESS IN CURTAILING THE OPIOID EPIDEMIC. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), in consultation with the Administrator of the Drug Enforcement Administration and the Director of the Office of National Drug Control Policy, shall develop national indicators to measure success in curtailing the opioid epidemic, with the goal of significantly reversing the toll of opioid misuse and opioid-related morbidity and mortality in the United States within 5 years of such date of enactment (referred to in this section as the ``national milestones''). (b) National Milestones To End the Opioid Epidemic.--The national milestones under subsection (a) shall include the following: (1) The establishment of not fewer than 10 indicators or metrics to accurately and expediently measure progress in meeting the goal described in subsection (a)(1), which shall include-- (A) a reduction in fatal and non-fatal opioid overdoses; (B) a reduction in emergency room visits related to opioid misuse and abuse; (C) an increase in public and provider education, including a focus on reducing stigma associated with opioid use disorder; (D) an increase in the number of individuals in sustained recovery from opioid use disorder; (E) a reduction in the number of co-infections associated with injection drug use, such as HIV, viral hepatitis, and endocarditis, and an expanded capacity to reduce initial infections and enhance access to treatment; (F) an increase in the number of providers prescribing medically assisted treatment for opioid use disorder in different settings, including primary care, community health centers, jails, and prisons; (G) an increase in the number of harm reduction organizations, including syringe services programs and naloxone distribution programs; (H) an increase in the number of individuals admitted to opioid use disorder treatment; and (I) additional indicators or metrics, such as metrics pertaining to specific populations, including women and children, American Indians and Alaskan Natives, individuals living in rural and non-urban areas, and justice-involved populations, that would further clarify the progress made in addressing the opioid misuse and abuse epidemic, as the Secretary determines appropriate. (2) A reasonable goal, such as a percentage decrease or other specified metric, that signifies progress in meeting the goal described in subsection (a), and annual targets to help achieve that goal. (c) Extension of Period.--If the Secretary determines that the goal described in subsection (a) will not be achieved with respect to any indicator or metric established under subsection (b)(2) within 5 years of the date of enactment of this Act, the Secretary may extend the timeline for meeting such goal with respect to that indicator or metric. The Secretary shall include with any such extension a rationale for why additional time is needed and a description of changes the Secretary will make in order to achieve such goal with respect to the indicator or metric. (d) Reports.--During the 5-year period described in subsection (a) or such extended period as the Secretary may determine under subsection (c), the Secretary shall-- (1) submit to Congress annual reports on the national milestones; and (2) make each such report publicly available. (e) Annual Status Update.--Beginning one year after submission of the report under subsection (d) and for each year thereafter that a report is required under such subsection, the Secretary shall provide an update to Congress on the progress of Federal agencies in achieving the goals detailed in the national milestones. Each such update shall include-- (1) the total Federal investment in programs addressing the opioid epidemic and the amount invested in each program, both by fiscal year and, for programs created after fiscal year 2015, the total spent since the program's creation; (2) an evaluation of the most and least effective Federal programs intended to respond to the opioid crisis; (3) the progress made in the first year or since the previous report, as applicable, in meeting each indicator or metric in the national milestones; and (4) the Secretary's proposal for meeting each specified indicator or metric in the proceeding year.", "summary": "National Milestones to Measure Progress in Ending the Opioid Epidemic Act of 2018 This bill requires the Department of Health and Human Services (HHS) to develop national milestones to measure progress in reducing the opioid epidemic over a five-year period based on certain metrics, such as opioid-related overdoses, emergency room visits, and treatment admissions. HHS must submit annual reports and status updates, including evaluations of federal programs that are intended to address the opioid epidemic."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Disaster Family Assistance Act of 1996''. SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES OF PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS. (a) Authority To Provide Assistance.-- (1) In general.--Subchapter III of chapter 11 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 1136. Assistance to families of passengers involved in aircraft accidents ``(a) In General.--As soon as practicable after being notified of an aircraft accident within the United States involving an air carrier or foreign air carrier and resulting in a major loss of life, the Chairman of the National Transportation Safety Board shall-- ``(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the air carrier or foreign air carrier and the families; and ``(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident. ``(b) Responsibilities of the Board.--The Board shall have primary Federal responsibility for facilitating the recovery and identification of fatally-injured passengers involved in an accident described in subsection (a). ``(c) Responsibilities of Designated Organization.--The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to the families of passengers involved in the accident: ``(1) To provide mental health and counseling services, in coordination with the disaster response team of the air carrier or foreign air carrier involved. ``(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private. ``(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed. ``(4) To communicate with the families as to the roles of the organization, government agencies, and the air carrier or foreign air carrier involved with respect to the accident and the post-accident activities. ``(5) To arrange a suitable memorial service, in consultation with the families. ``(d) Passenger Lists.-- ``(1) Requests for passenger lists.-- ``(A) Requests by director of family support services.--It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the air carrier or foreign air carrier involved in the accident a list, which is based on the best available information at the time of the request, of the names of the passengers that were aboard the aircraft involved in the accident. ``(B) Requests by designated organization.--The organization designated for an accident under subsection (a)(2) may request from the air carrier or foreign air carrier involved in the accident a list described in subparagraph (A). ``(2) Use of information.--The director of family support services and the organization may not release to any person information on a list obtained under paragraph (1) but may provide information on the list about a passenger to the family of the passenger to the extent that the director of family support services or the organization considers appropriate. ``(e) Continuing Responsibilities of the Board.--In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident-- ``(1) are briefed, prior to any public briefing, about the accident, its causes, and any other findings from the investigation; and ``(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident. ``(f) Use of Air Carrier Resources.--To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the air carrier or foreign air carrier involved in the accident so that the resources of the carrier can be used to the greatest extent possible to carry out the organization's responsibilities under this section. ``(g) Prohibited Actions.-- ``(1) Actions to impede the board.--No person (including a State or political subdivision) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of the families of passengers involved in the accident to have contact with one another. ``(2) Unsolicited communications.--In the event of an accident involving an air carrier providing interstate or foreign air transportation, no unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney, representative of an attorney, insurance company, or air carrier litigation representative to an individual injured in the accident, or to a relative of an individual involved in the accident, before the 30th day following the date of the accident. ``(h) Definitions.--In this section, the following definitions apply: ``(1) Aircraft accident.--The term `aircraft accident' means any aviation disaster regardless of its cause or suspected cause. ``(2) Passenger.--The term `passenger' includes an employee of an air carrier aboard an aircraft.''. (2) Conforming amendment.--The table of sections for chapter 11 of such title is amended by inserting after the item relating to section 1135 the following: ``1136. Assistance to families of passengers involved in aircraft accidents.''. (b) Penalties.--Section 1155(a)(1) of such title is amended-- (1) by striking ``or 1134(b) or (f)(1)'' and inserting ``, section 1134(b), section 1134(f)(1), or section 1136(g)''; and (2) by striking ``either of'' and inserting ``any of''. SEC. 3. AIR CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS. (a) In General.--Chapter 411 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41113. Plans to address needs of families of passengers involved in aircraft accidents ``(a) Submission of Plans.--Not later than 6 months after the date of the enactment of this section, each air carrier holding a certificate of public convenience and necessity under section 41102 of this title shall submit to the Secretary and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in any aircraft accident involving an aircraft of the air carrier and resulting in a major loss of life. ``(b) Contents of Plans.--A plan to be submitted by an air carrier under subsection (a) shall include, at a minimum, the following: ``(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers. ``(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under section 1136(a)(2) of this title or the services of other suitably trained individuals. ``(3) An assurance that the notice described in paragraph (2) will be provided to the family of a passenger as soon as the air carrier has verified that the passenger was aboard the aircraft (whether or not the names of all of the passengers have been verified) and, to the extent practicable, in person. ``(4) An assurance that the air carrier will provide to the director of family support services designated for the accident under section 1136(a)(1) of this title, and to the organization designated for the accident under section 1136(a)(2) of this title, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified), and will periodically update the list. ``(5) An assurance that the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger. ``(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the air carrier (regardless of its condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation. ``(7) An assurance that any unclaimed possession of a passenger within the control of the air carrier will be retained by the air carrier for at least 18 months. ``(8) An assurance that the family of each passenger will be consulted about construction by the air carrier of any monument to the passengers, including any inscription on the monument. ``(9) An assurance that the treatment of the families of nonrevenue passengers (and any other victim of the accident) will be the same as the treatment of the families of revenue passengers. ``(10) An assurance that the air carrier will work with any organization designated under section 1136(a)(2) of this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident. ``(11) An assurance that the air carrier will provide reasonable compensation to any organization designated under section 1136(a)(2) of this title for services provided by the organization. ``(12) An assurance that the air carrier will assist the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location. ``(13) An assurance that the air carrier will commit sufficient resources to carry out the plan. ``(c) Certificate Requirement.--After the date that is 6 months after the date of the enactment of this section, the Secretary may not approve an application for a certificate of public convenience and necessity under section 41102 of this title unless the applicant has included as part of such application a plan that meets the requirements of subsection (b). ``(d) Limitation on Liability.--An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the air carrier in preparing or providing a passenger list pursuant to a plan submitted by the air carrier under subsection (b), unless such liability was caused by conduct of the air carrier which was grossly negligent or which constituted intentional misconduct. ``(e) Aircraft Accident and Passenger Defined.--In this section, the terms `aircraft accident' and `passenger' have the meanings such terms have in section 1136 of this title.''. (b) Conforming Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``41113. Plans to address needs of families of passengers involved in aircraft accidents.''. SEC. 4. ESTABLISHMENT OF TASK FORCE. (a) Establishment.--The Secretary of Transportation, in cooperation with the National Transportation Safety Board, the Federal Emergency Management Agency, the American Red Cross, air carriers, and families which have been involved in aircraft accidents shall establish a task force consisting of representatives of such entities and families, representatives of air carrier employees, and representatives of such other entities as the Secretary considers appropriate. (b) Model Plan and Recommendations.--The task force established pursuant to subsection (a) shall develop-- (1) a model plan to assist air carriers in responding to aircraft accidents; (2) recommendations on methods to ensure that attorneys and representatives of media organizations do not intrude on the privacy of families of passengers involved in an aircraft accident; (3) recommendations on methods to ensure that the families of passengers involved in an aircraft accident who are not citizens of the United States receive appropriate assistance; (4) recommendations on methods to ensure that State mental health licensing laws do not act to prevent out-of-state mental health workers from working at the site of an aircraft accident or other related sites; (5) recommendations on the extent to which military experts and facilities can be used to aid in the identification of the remains of passengers involved in an aircraft accident; and (6) recommendations on methods to improve the timeliness of the notification provided by air carriers to the families of passengers involved in an aircraft accident, including-- (A) an analysis of the steps that air carriers would have to take to ensure that an accurate list of passengers on board the aircraft would be available within 1 hour of the accident and an analysis of such steps to ensure that such list would be available within 3 hours of the accident; (B) an analysis of the added costs to air carriers and travel agents that would result if air carriers were required to take the steps described in subparagraph (A); and (C) an analysis of any inconvenience to passengers, including flight delays, that would result if air carriers were required to take the steps described in subparagraph (A). (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report containing the model plan and recommendations developed by the task force under subsection (b). SEC. 5. LIMITATION ON STATUTORY CONSTRUCTION. Nothing in this Act or any amendment made by this Act may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident. Passed the House of Representatives September 18, 1996. Attest: ROBIN H. CARLE, Clerk.", "summary": "Aviation Disaster Family Assistance Act of 1996 - Amends Federal transportation law to require the Chairman of the National Transportation Safety Board (NTSB), after an accident involving a domestic or foreign aircraft that results in a major loss of life of passengers, to: (1) designate and publicize the name and phone number of a director of family support services to be a Government liaison between the air carrier or foreign air carrier and the families of the passengers; and (2) designate an experienced, independent nonprofit organization which shall have primary responsibility for coordinating the care and support of the passengers' families. Declares that the NTSB shall have primary Federal responsibility for facilitating the recovery and identification of fatally-injured passengers involved in an aircraft accident. Prohibits: (1) any person from impeding the ability of the NTSB, or the designated organization, from carrying out its responsibilities under this Act; and (2) any unsolicited communications from being made to the families concerning potential action for personal injury or wrongful death before the 30th day following the accident. Sets forth penalties for violations of this Act. Requires each air carrier to submit to the Secretary of Transportation and the Chairman of NTSB a plan for addressing the needs of the passengers' families. Specifies minimum requirements for such a plan. Prohibits the Secretary from approving an air carrier's application for a certificate of public convenience and necessity unless it includes such plan in its application. Requires the Secretary to establish a task force to develop: (1) a model plan to assist air carriers in responding to aircraft accidents; (2) recommendations to the Congress on methods to ensure that attorneys and the media do not intrude on the privacy of the passengers' families; and (3) recommendations on methods with respect to assistance to non-citizens, out-of-state mental health workers at the accident site, the use of military experts and facilities in passenger remains identification, and timeliness of airline notification to families of victims."}
{"article": "SECTION 1. DESIGNATION OF TAUNTON RIVER, MASSACHUSETTS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(__) Taunton River, Massachusetts.--The main stem of the Taunton River from its headwaters at the confluence of the Town and Matfield Rivers in the Town of Bridgewater downstream 40 miles to the confluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, to be administered by the Secretary of the Interior in cooperation with the Taunton River Stewardship Council as follows: ``(A) The 18-mile segment from the confluence of the Town and Matfield Rivers to Route 24 in the Town of Raynham, as a scenic river. ``(B) The 5-mile segment from Route 24 to 0.5 miles below Weir Bridge in the City of Taunton, as a recreational river. ``(C) The 8-mile segment from 0.5 miles below Weir Bridge to Muddy Cove in the Town of Dighton, as a scenic river. ``(D) The 9-mile segment from Muddy Cove to the confluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, as a recreational river.''. SEC. 2. MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS. (a) Taunton River Stewardship Plan.-- (1) In general.--Each river segment added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act shall be managed in accordance with the Taunton River Stewardship Plan, dated July 2005 (including any amendment to the Taunton River Stewardship Plan that the Secretary of the Interior (referred to in this section as the ``Secretary'') determines to be consistent with this Act). (2) Effect.--The Taunton River Stewardship Plan described in paragraph (1) shall be considered to satisfy each requirement relating to the comprehensive management plan required under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b) Cooperative Agreements.--To provide for the long-term protection, preservation, and enhancement of each river segment added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act, pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter into cooperative agreements (which may include provisions for financial and other assistance) with-- (1) the Commonwealth of Massachusetts (including political subdivisions of the Commonwealth of Massachusetts); (2) the Taunton River Stewardship Council; and (3) any appropriate nonprofit organization, as determined by the Secretary. (c) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each river segment added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act shall not be-- (1) administered as a unit of the National Park System; or (2) subject to the laws (including regulations) that govern the administration of the National Park System. (d) Land Management.-- (1) Zoning ordinances.--The zoning ordinances adopted by the Towns of Bridgewater, Halifax, Middleborough, Raynham, Berkley, Dighton, Freetown, and Somerset, and the Cities of Taunton and Fall River, Massachusetts (including any provision of the zoning ordinances relating to the conservation of floodplains, wetlands, and watercourses associated with any river segment added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act), shall be considered to satisfy each standard and requirement described in section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Villages.--For the purpose of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described in paragraph (1) shall be considered to be a village. (3) Acquisition of land.-- (A) Limitation of authority of secretary.--With respect to each river segment added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act, the Secretary may only acquire parcels of land-- (i) by donation; or (ii) with the consent of the owner of the parcel of land. (B) Prohibition relating to acquisition of land by condemnation.--In accordance with section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), with respect to each river segment added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act, the Secretary may not acquire any parcel of land by condemnation. SEC. 3. ENERGY AND CONGRESSIONAL REVIEW. The Secretary of the Interior, in consultation with the Secretary of Energy and private industry, shall complete and submit to the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and Senators and Representatives from the States affected by the designation, a report using the best available data and regarding the energy resources available on the lands and waters included in the segments of the Taunton River designated under section 2 of this Act. The report shall-- (1) contain the best available description of the energy resources available on the land and report on the specific amount of energy withdrawn from possible development; and (2) identify cubic feet of natural gas, natural gas transmission and storage potential, megawatts of geothermal, wind and solar energy that could be commercially produced, annual available biomass for energy production, and any megawatts of hydropower resources available, including tidal, traditional dams, and in-stream flow turbines. SEC. 4. HUNTING, FISHING, TRAPPING, AND RECREATIONAL SHOOTING. Nothing in this Act shall be construed as affecting the authority, jurisdiction, or responsibility of the Commonwealth of Massachusetts to manage, control, or regulate fish and resident wildlife under State law or regulations, including the regulation of hunting, fishing, trapping, and recreational shooting. Nothing in this Act shall be construed as limiting access for hunting, fishing, trapping, or recreational shooting. SEC. 5. DOMESTICALLY-PRODUCED ENERGY RESOURCES. Nothing in this Act shall impact the supply of domestically- produced energy resources. Passed the House of Representatives July 16, 2008. Attest: LORRAINE C. MILLER, Clerk. By Robert F. Reeves, Deputy Clerk.", "summary": "Amends the Wild and Scenic Rivers Act (the Act) to designate specified segments of the Taunton River in Massachusetts as a component of the National Wild and Scenic Rivers System. Requires the river segments to be managed in accordance with the Taunton River Stewardship Plan, dated July 2005, including any amendment to such Plan, that the Secretary of the Interior determines to be consistent with this Act. Authorizes the Secretary, in order to provide for the protection, preservation, and enhancement of each river segment, to enter into cooperative agreements, which may include provisions for financial and other assistance, with: (1) the Commonwealth of Massachusetts (including the political subdivisions of Massachusetts); (2) the Taunton River Stewardship Council; and (3) any appropriate nonprofit, as determined by the Secretary. Bars the river segments from being: (1) administered as a unit of the National Park System; or (2) subject to the laws (including regulations) that govern the administration of such System. Considers the zoning ordinances adopted by specified towns and cities, including any provision of the zoning ordinances related to the conservation of floodplains, wetlands, and watercourses associated with any river segment designated by this Act, to satisfy each standard and requirement under the Act regarding the prohibition on the federal acquisition of certain lands by condemnation for inclusion in any national, wild, scenic, or recreational river area. Authorizes the Secretary, respecting each river segment, to only acquire parcels of land by donation or with the owner's consent. Prohibits the acquisition of any parcel by condemnation. Requires the Secretary, in consultation with the Secretary of Energy and private industry, to complete a report regarding the energy resources available on the lands and waters included in the segments of the Taunton River designated by this Act. Prohibits anything in this Act from: (1) being construed as affecting the authority or responsibility of Massachusetts to manage or regulate fish and resident wildlife, including the authority to regulate hunting, fishing, trapping, and recreational shooting; (2) being construed as limiting access for hunting, fishing, trapping, or recreational shooting; or (3) impacting the supply of domestically-produced energy resources."}
{"article": "SECTION 1. FINDINGS. Congress finds that-- (1) among its purposes, the Act entitled ``An Act to provide for the equalization of allotments on the Agua Caliente (Palm Springs) Reservation in California, and for other purposes'', approved September 21, 1959, commonly known as the ``Agua Caliente Equalization Act of 1959'' (25 U.S.C. 951 et seq.) (referred to in this section as the ``Act'') was intended to provide for a reasonable degree of equalization of the value of allotments made to members of the Agua Caliente Band of Cahuilla Indians; (2) the Act was enacted in response to litigation in Federal courts in Segundo, et al. v. United States, 123 F. Supp. 554 (1954); (3) the case referred to in paragraph (2) was appealed under the case name United States v. Pierce, 235 F. 2d 885 (1956) and that case affirmed the entitlement of certain members of the Band to allotments of approximately equal value to lands allotted to other members of the Band; (4)(A) to achieve the equalization referred to in paragraph (3), section 3 of the Act (25 U.S.C. 953) provided for the allotment or sale of all remaining tribal lands, with the exception of several specifically designated parcels, including 2 parcels in the Mineral Springs area known as parcel A and parcel B; (B) section 3 of the Act restricted the distribution of any net rents, profits, or other revenues derived from parcel B to members of the Band and their heirs entitled to equalization of the value of the allotments of those members; (C) from 1959 through 1984, each annual budget of the Band, as approved by the Bureau of Indian Affairs, provided for expenditure of all revenues derived from both parcel A and parcel B solely for tribal governmental purposes; and (D) as a result of the annual budgets referred to in subparagraph (C), no net revenues from parcel B were available for distribution to tribal members entitled to equalization under section 3 of the Act referred to in paragraph (1); (5) by letter of December 6, 1961, the Director of the Sacramento Area Office of the Bureau of Indian Affairs informed the regional solicitor of the Bureau of Indian Affairs that the equalization of allotments on the Agua Caliente Reservation with respect to those members of the Band who were eligible for equalization had been completed using all available excess tribal land in a manner consistent with-- (A) the decree of the court in the case referred to in paragraph (2); and (B) the Act; (6) in 1968, the files of the Department of the Interior with respect to the case referred to in paragraph (3), the closure of which was contingent upon completion of the equalization program, were retired to the Federal Record Center, where they were subsequently destroyed; (7) on March 16, 1983, the Secretary of the Interior published notice in the Federal Register that full equalization had been achieved within the meaning of section 7 of the Act (25 U.S.C. 957); (8) section 7 of the Act states that ``allotments in accordance with the provisions of this Act shall be deemed complete and full equalization of allotments on the Agua Caliente Reservation''; and (9) the regulations governing the equalization of allotments under the Act referred to in paragraph (1) were rescinded by the Secretary, effective March 31, 1983. SEC. 2. DEFINITIONS. In this Act: (1) Band.--The term ``Band'' means the Agua Caliente Band. (2) Parcel b.--The term ``parcel B'' means the parcel of land in the Mineral Springs area referred to as ``parcel B'' in section 3(b) of the Act entitled ``An Act to provide for the equalization of allotments on the Agua Caliente (Palm Springs) Reservation in California, and for other purposes'', approved September 21, 1959, commonly known as the ``Agua Caliente Equalization Act of 1959'' (25 U.S.C. 953(b)). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. EQUALIZATION OF ALLOTMENTS. (a) In General.--The full equalization of allotments within the meaning of section 7 of the Act entitled ``An Act to provide for the equalization of allotments on the Agua Caliente (Palm Springs) Reservation in California, and for other purposes'', approved September 21, 1959, commonly known as the ``Agua Caliente Equalization Act of 1959'' (25 U.S.C. 957) is deemed to have been completed. (b) Expiration of Entitlement.--By reason of the achievement of the full equalization of allotments described in subsection (a), the entitlement of holders of equalized allotments to distribution of net revenues from parcel B under section 3(b) of the Act entitled ``An Act to provide for the equalization of allotments on the Agua Caliente (Palm Springs) Reservation in California, and for other purposes'', approved September 21, 1959, commonly known as the ``Agua Caliente Equalization Act of 1959'' (25 U.S.C. 953(b)) shall be deemed to have expired. SEC. 4. REMOVAL OF RESTRICTION. (a) In General.--The fourth undesignated paragraph in section 3(b) of the Act entitled ``An Act to provide for the equalization of allotments on the Agua Caliente (Palm Springs) Reservation in California, and for other purposes'', approved September 21, 1959, commonly known as the ``Agua Caliente Equalization Act of 1959'' (25 U.S.C. 953(b)), is amended by striking ``east: Provided,'' and all that follows through the end of the paragraph and inserting ``east.''. (b) Applicability.--The amendment made by subsection (a) shall apply as if this section had been enacted on March 31, 1983. (c) Subsequent Distributions.--Any per capita distribution of tribal revenues of the Band made after the date of enactment of this Act shall be made to all members of the Band in equal amounts. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Deems: (1) the full equalization of allotments under the Agua Caliente Equalization Act of 1959 to have been completed; and (2) the entitlement of holders of equalized allotments to distribution of net revenues from parcel B under such Act to have expired. Amends Federal law relating to the Agua Caliente (Palm Springs) Reservation in California to repeal the restriction on the distribution of net rents, profits, and other revenues from the Mineral Springs parcel to certain members of the Agua Caliente Band of Cahuilla Indians. Makes such repeal applicable as if enacted on March 31, 1983. Provides for any per capita distribution of tribal revenues to be made to all members of the Band in equal amounts."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Special Needs Trust Fairness and Medicaid Improvement Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Fairness in Medicaid supplemental needs trusts. Sec. 3. Medicaid coverage of tobacco cessation services for mothers of newborns. Sec. 4. Eliminating Federal financial participation with respect to expenditures under Medicaid for agents used for cosmetic purposes or hair growth. Sec. 5. Medicaid Improvement Fund. SEC. 2. FAIRNESS IN MEDICAID SUPPLEMENTAL NEEDS TRUSTS. (a) In General.--Section 1917(d)(4)(A) of the Social Security Act (42 U.S.C. 1396p(d)(4)(A)) is amended by inserting ``the individual,'' after ``for the benefit of such individual by''. (b) Effective Date.--The amendment made by subsection (a) shall apply to trusts established on or after the date of the enactment of this Act. SEC. 3. MEDICAID COVERAGE OF TOBACCO CESSATION SERVICES FOR MOTHERS OF NEWBORNS. (a) In General.--Section 1905(bb) of the Social Security Act (42 U.S.C. 1396d(bb)) is amended by adding at the end the following new paragraph: ``(4) A woman shall continue to be treated as described in this subsection as a pregnant woman through the end of the 1-year period beginning on the date of the birth of a child of the woman.''. (b) Conforming Amendments.-- (1) Subsections (a)(2)(B) and (b)(2)(B) of section 1916 of the Social Security Act (42 U.S.C. 1396o) are each amended by inserting ``(and women described in section 1905(bb) as pregnant women pursuant to paragraph (4) of such section)'' after ``tobacco cessation by pregnant women''. (2) Section 1927(d)(2)(F) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)(F)) is amended by inserting ``(and women described in section 1905(bb) as pregnant women pursuant to paragraph (4) of such section)'' after ``pregnant women''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply with respect to items and services furnished on or after the date that is 2 years after the date of the enactment of this Act. (2) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet any requirement imposed by amendments made by this section, the plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the effective date specified in paragraph (1). For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. (d) Report.--Not later than 2 years after the date of the enactment of this Act, the Inspector General of the Department of Health and Human Services shall submit to Congress a report that assesses the use of the tobacco cessation service benefit under the Medicaid program. Such report shall include an assessment of-- (1) the extent that States are encouraging the use of such benefit, such as through promotion of beneficiary and provider awareness of such benefit; and (2) gaps in the delivery of such benefit. SEC. 4. ELIMINATING FEDERAL FINANCIAL PARTICIPATION WITH RESPECT TO EXPENDITURES UNDER MEDICAID FOR AGENTS USED FOR COSMETIC PURPOSES OR HAIR GROWTH. (a) In General.--Section 1903(i)(21) of the Social Security Act (42 U.S.C. 1396b(i)(21)) is amended by inserting ``section 1927(d)(2)(C) (relating to drugs when used for cosmetic purposes or hair growth), except where medically necessary, and'' after ``drugs described in''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to calendar quarters beginning on or after the date of the enactment of this Act. SEC. 5. MEDICAID IMPROVEMENT FUND. Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b)) is amended-- (1) in paragraph (2)-- (A) by striking ``under paragraph (1)'' and inserting ``under this subsection''; and (B) by redesignating such paragraph as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Additional funding.--In addition to any funds otherwise made available to the Fund, there shall be available to the Fund, for expenditures from the Fund-- ``(A) for fiscal year 2021, $10,000,000, to remain available until expended; and ``(B) for fiscal year 2022, $14,000,000, to remain available until expended.''. Passed the House of Representatives September 20, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": "(This measure has not been amended since it was reported to the House on September 9, 2016. Special Needs Trust Fairness and Medicaid Improvement Act (Sec. 2) This bill amends title XIX (Medicaid) of the Social Security Act with respect to the treatment of revocable trusts for the benefit of an individual for purposes of meeting income requirements for Medicaid coverage. The bill extends the supplemental needs trust exemption from treatment of a trust as resources available to the individual to supplemental needs trusts for Medicaid beneficiaries established by those beneficiaries. (Sec. 3) Medicaid coverage of tobacco cessation services shall continue to be provided for mothers of newborns through the first year after the child's birth. The Inspector General of the Department of Health and Human Services must report to the Congress on the use of the tobacco cessation service benefit under the Medicaid program. (Sec. 4) The bill eliminates federal financial participation regarding expenditures under Medicaid for drugs used for cosmetic purposes or hair growth, except where such drugs are medically necessary. (Sec. 5) The bill makes additional funding available to the Medicaid Improvement Fund for FY2021 and FY2022."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cavernous Angioma Research Resource Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Cavernous angioma, also termed ``cerebral cavernous malformations'' or ``CCM'', affects an estimated 1,500,000 people in the United States. (2) Cavernous angioma is a devastating blood vessel disease that is characterized by the presence of vascular lesions that develop and grow within the brain and spinal cord. (3) Detection of cavernous angioma lesions is achieved through costly and specialized medical imaging techniques. These techniques are often not readily available where patients live, and require sedation for children and disabled adults. (4) Cavernous angioma is a common type of vascular anomaly, but individuals may not be aware that they have the disease until the onset of serious clinical symptoms. In the genetic forms, they may not be aware that it may be passed on to their children. (5) Individuals diagnosed with cavernous angioma may experience neurological deficits, seizure, stroke, or sudden death. (6) Due to limited research with respect to cavernous angioma, there is no treatment regimen for the disease other than brain and spinal surgery. (7) Some individuals with cavernous angioma are not candidates for brain surgery. No alternative treatment option is available for such individuals. (8) There is a shortage of physicians who are familiar with cavernous angioma and affected individuals may find it difficult to receive timely diagnosis and appropriate care. (9) Due to the presence of a specific disease-causing mutation, termed the ``common Hispanic mutation'' that has passed through as many as 17 generations of Americans descended from the original Spanish settlers of the Southwest in the 1590s, New Mexico has the highest population density of cavernous angioma in the world. Cavernous angioma affects thousands of individuals in New Mexico and with ancestry in New Mexico. (10) Other States with high rates of cavernous angioma due to the common Hispanic Mutation include Texas, Arizona, and Colorado. (11) To address the public health threat posed by cavernous angioma in New Mexico and throughout the United States, there is a need to identify institutions capable of running clinical trial for this debilitating brain disorder. SEC. 3. CAVERNOUS ANGIOMA RESEARCH ACTIVITIES. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. CAVERNOUS ANGIOMA RESEARCH ACTIVITIES. ``(a) Expansion, Intensification, and Coordination of Activities.-- The Director of NIH, acting through the director of the National Institute of Neurological Disorders and Stroke, shall expand and intensify programs of the National Institutes of Health or may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for research and related activities concerning cavernous angioma. ``(b) Activities.--In expanding and intensifying programs under subsection (a), the Director of NIH may carry out the following: ``(1) Basic, translational, and clinical research.--Conduct or financially support basic, clinical, and translational research on cavernous angioma, including research on the following: ``(A) Proteomic, pharmacological, and cell biological analysis of the cerebral cavernous malformations (referred to in this section as the `CCM') molecules. ``(B) Continued development and expansion of novel animal models for cavernous angioma preclinical research. ``(C) Early detection, diagnosis, and treatment of cavernous angioma. ``(D) Biological mechanisms for lesion genesis, development, and maturation. ``(E) Biological mechanisms for lesion bleeding and symptomology. ``(F) Novel biomedical and pharmacological interventions designed to prohibit new lesion development, lesion growth, and lesion bleeding. ``(G) Contributions of genetic variation to clinical presentation as targets for therapy. ``(H) Identification and development of biomarkers to measure phenotypic variation. ``(I) Research related to improving the quality of life for individuals with cavernous angioma and their families. ``(J) Clinical training programs aimed at increasing the number of scientists and clinicians who are trained to treat patients and carry out these research directions. ``(2) Facilitation of research resources; clinical trial preparedness.-- ``(A) Coordination.--Identify and support the development of a clinical and research coordinating center with the potential of coordinating a multi-site clinical drug trial for cavernous angioma. Such coordinating center shall provide a model for additional trial sites, facilitate medical research to develop a cure for cavernous angioma, and enhance the medical care of individuals with cavernous angioma nationwide. Such coordinating center shall-- ``(i) have an institutional infrastructure that is capable of hosting a clinical trial site and facilitating translational projects and collaborations for clinical trials; ``(ii) have the capacity to maintain programs dedicated to patient education, patient outreach, and awareness, including-- ``(I) launching a national multimedia public awareness campaign; ``(II) creating and distributing patient education materials for distribution by national physician and surgeon offices; ``(III) establishing an education program for elementary and secondary school nurses to facilitate early detection and diagnosis of cavernous angioma in areas of high cavernous angioma population density; ``(IV) coordinating regular patient and family-oriented educational conferences; and ``(V) developing nationally relevant electronic health teaching and communication tools and a network of professional capacity and patient and family support; ``(iii) have the capacity to establish and maintain communication with other major cavernous angioma research and care institutions internationally for information sharing and coordination of research activities; ``(iv) have demonstrated clinical expertise in cavernous angioma management; ``(v) have a sufficient number of eligible patients for participation with particular focus on unique subpopulations including Common Hispanic Mutation and CCM3 gene mutation carriers; and ``(vi) have a telehealth infrastructure to support and to provide clinical consultation for remote and underserved communities. ``(B) Participation.--Identify and support the development of clinical and research participation centers with the potential to participate in a multi- site clinical drug trial for cavernous angioma. Such participation centers may facilitate medical research to develop a cure for cavernous angioma and enhance the medical care of individuals with cavernous angioma in partnership with the coordinating center under subparagraph (A) and other national and international centers. Such participation centers shall-- ``(i) have an institutional infrastructure capable of hosting a clinical trial site and facilitating translational projects and collaborations for clinical trials; ``(ii) have the capacity to maintain communication with other major cavernous angioma research and care institutions internationally for information sharing and coordination of research activities; ``(iii) have demonstrated clinical expertise in cavernous angioma management; and ``(iv) have a sufficient numbers of eligible patients for participation with particular focus on unique subpopulations including Common Hispanic Mutation and CCM3 gene mutation carriers as these unique populations may provide insight to other genetic and non-genetic forms of the illness. ``(c) Training Program for Clinicians and Scientists.-- ``(1) In general.--Eligible coordinating and participation centers under this section shall establish or expand training programs for medical and allied health clinicians and scientists in clinical practice and research relevant to cavernous angioma. ``(2) Research resources.--In carrying out this subsection, the Director of NIH may-- ``(A) use information collected by the National Institutes of Health pursuant to other provisions of law or prior to the date of the enactment of this section; ``(B) take into consideration the availability of other research resources; ``(C) encourage the use of research resources for research on, and development of, therapies and treatments for individuals with cavernous angioma; and ``(D) encourage the inclusion of individuals with cavernous angioma in clinical trials conducted or supported by the National Institutes of Health. ``(3) Cavernous angioma consortium.--The Director of NIH may provide for the participation of agencies of the National Institutes of Health in a consortium to facilitate the exchange of information and to make the research effort on cavernous angioma more efficient and effective by ensuring consistent communication, minimizing duplication of effort, and integrating the varied perspectives of partner agencies, organizations, and individuals. Such consortium shall include at least one national cavernous angioma patient advocacy organization and may be the same consortium receiving a grant or contract under subsection (b)(2)(A).''. SEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION CAVERNOUS ANGIOMA SURVEILLANCE AND RESEARCH PROGRAMS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. CAVERNOUS ANGIOMA SURVEILLANCE AND RESEARCH PROGRAMS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for the collection, analysis, and reporting of data on cavernous angioma. In making such awards, the Secretary may provide direct technical assistance, including personnel support, in lieu of cash. ``(b) National Cavernous Angioma Epidemiology Program.-- ``(1) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for the purpose of carrying out epidemiological activities regarding cavernous angioma, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility (including costs and benefits) of specific practice patterns. In making such awards, the Secretary may provide direct technical assistance, including personnel support, in lieu of cash. ``(2) National surveillance program.--In carrying out subsection (a), the Secretary shall-- ``(A) provide for a national surveillance program; and ``(B) where possible, ensure that the surveillance program is coordinated with the data and sample collection activities of the National Institutes of Health under section 409K.''. SEC. 5. FOOD AND DRUG ADMINISTRATION CAVERNOUS ANGIOMA CLINICAL TRIAL PREPAREDNESS AND SUPPORT PROGRAM. (a) Investigational New Drug Application.--The Commissioner of Food and Drugs shall work with clinical centers, investigators, and advocates to support appropriate investigational new drug application under section 505(i) of the Federal Food, Drug, and Cosmetic Act in an effort to hasten the pace of clinical trials for cavernous angioma. (b) Orphan Product Development.--Where applicable in rare subpopulations of cavernous angioma requiring unique pharmacological intervention, including those with the Common Hispanic Mutation or CCM3 gene mutations, the Commissioner of Food and Drugs shall support appropriate requests for designations of drugs as orphan drugs under section 526 of the Federal Food, Drug, and Cosmetic Act. SEC. 6. REPORT TO CONGRESS. Not later than January 1, 2015, and each January 1 thereafter, the Secretary of Health and Human Services shall prepare and submit to the appropriate committees of the Congress a report concerning the implementation of this Act and the amendments made by this Act.", "summary": "Cavernous Angioma Research Resource Act of 2013 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the National Institute of Neurological Disorders and Stroke, to expand and intensify NIH programs regarding research and related activities concerning cavernous angioma. Authorizes grants and cooperative agreements to public or nonprofit private entities for such activities. Authorizes the Director of NIH to: (1) conduct basic, clinical, and translational research on cavernous angioma; (2) identify and support the development of a clinical and research coordinating center with the potential of coordinating a multi-site clinical drug trial for cavernous angioma; and (3) identify and support the development of clinical and research participation centers with the potential to participate in such a trial. Requires coordinating and participation centers to expand training programs for medical and allied health clinicians and scientists in clinical practice and research relevant to cavernous angioma. Authorizes the Director to provide for the participation of NIH agencies in a consortium (to include at least one patient advocacy organization) to facilitate the exchange of information and increase the efficiency and effectiveness of the research effort. Authorizes the Secretary of Health and Human Services (HHS) to award grants and cooperative agreements, including technical assistance, to public or nonprofit private entities for: (1) the collection, analysis, and reporting of data on cavernous angioma; and (2) epidemiological activities, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility of specific practice patterns. Requires establishment of a national surveillance program as part of such activities. Requires the Commissioner of Food and Drugs (FDA) to: (1) work with clinical centers, investigators, and advocates to support appropriate investigational new drug applications under the Federal Food, Drug, and Cosmetic Act in order to hasten the pace of clinical trials for cavernous angioma; and (2) where applicable in rare subpopulations of cavernous angioma requiring unique pharmacological intervention, including those with the Common Hispanic Mutation or CCM3 gene mutations, support appropriate requests for designations of orphan drugs."}
{"article": "SECTION 1. RELIEF WITH RESPECT TO RENT AND MORTGAGE PAYMENTS FOR RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY. (a) Rent and Mortgage Relief.--Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by adding at the end the following new section: ``SEC. 309. RENT AND MORTGAGE RELIEF. ``(a) Rent.--A member of a reserve component who is ordered to report for military service for a period of more than 90 days and who on the date of such order is a lessee of real property that is occupied by the member or dependents of the member as the primary residence of the member or dependents shall not be required to pay rent under that lease for any period of such military service during which the member is assigned to duty at a location sufficiently distant from such property that the member is unable to reside at such property. ``(b) Mortgages.-- ``(1) In general.--A member of a reserve component who is ordered to report for military service for a period of more than 90 days and who on the date of such order resides at real property that is occupied by the member or dependents of the member as the primary residence of the member or dependents, is owned by the member, and is secured by a mortgage shall be not be required during the period of such military service to make any payment of principal or interest on the mortgage. Any payment not paid by reason of the preceding sentence shall be deferred and shall be appended, on a month-for-month basis, to the end of the term of the mortgage, in the same amount as originally due. ``(2) Mortgage.--In this subsection, the term `mortgage' includes a trust deed or other security in the nature of a mortgage.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 308 the following new item: ``Sec. 309. Rent and mortgage relief.''. (c) Effective Date.--Section 309 of the Servicemembers Civil Relief Act, as added by subsection (a), shall apply with respect to obligations to make lease payments or mortgage payments that become due on or after the date of the enactment of this Act. SEC. 2. REFUNDABLE TAX CREDIT FOR LESSORS WITH RESPECT TO RENT RELIEF FOR RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. CREDIT FOR LESSORS WITH RESPECT TO RENT RELIEF FOR RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY. ``(a) General Rule.--In the case of a lessor, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the reserve component rent relief credit. ``(b) Limitation Based on Previous Rent.--For purposes of this section-- ``(1) In general.--In the case of a property which was rented for the entire preceding taxable year, the amount taken into account under this section as rent not received with respect to such property shall not exceed the amount for which such property was rented for the preceding taxable year. ``(2) Property rented for less than full year.--In the case of a property which was rented for less than the entire preceding taxable year, the amount taken into account under this section as rent not received with respect to such property shall not exceed the amount for which such property was rented for the preceding taxable year, annualized under such methods as the Secretary may prescribe by regulation. ``(3) Property not rented during preceding year.--This subsection shall not apply in the case of a property which was not rented during the preceding taxable year. ``(c) Reserve Component Rent Relief Credit.--For purposes of subsection (a), the reserve component rent relief credit for a taxable year is the aggregate amount of rent not received on leases held by the taxpayer by reason of section 309(a) of the Servicemembers Civil Relief Act. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter with respect to amounts taken into account in determining the credit allowed under this section. ``(e) Regulations.--The Secretary shall issue such regulations as may be necessary or appropriate to carry out this section.''. (b) Technical Amendment.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or from section 36 of such Code'' before the period at the end. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting after the item relating to section 35 the following new item: ``Sec. 36. Credit for lessors with respect to rent relief for reserve components members ordered to active duty.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Amends the Servicemembers Civil Relief Act to allow a military reservist who is ordered to active duty for a period of more than 90 days: (1) an exemption during the period of active duty from payment of rent on a primary residence occupied by such member or dependents; and (2) a deferral of mortgage payments on a principal residence. Amends the Internal Revenue Code to allow lessors of military reservists granted an exemption from rent payments under this Act a refundable tax credit for the exempted lease amounts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent and Trademark Office Authorization Act of 2002''. SEC. 2. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT AND TRADEMARK OFFICE. (a) In General.--There are authorized to be appropriated to the United States Patent and Trademark Office for salaries and necessary expenses for each of the fiscal years 2003 through 2008 an amount equal to the fees estimated by the Secretary of Commerce to be collected in each such fiscal year, respectively, under-- (1) title 35, United States Code; and (2) the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the Trademark Act of 1946). (b) Estimates.--Not later than February 15, of each fiscal year, the Undersecretary of Commerce for Intellectual Property and the Director of the Patent and Trademark Office (in this Act referred to as the Director) shall submit an estimate of all fees referred to under subsection (a) to be collected in the next fiscal year to the chairman and ranking member of-- (1) the Committees on Appropriations and Judiciary of the Senate; and (2) the Committees on Appropriations and Judiciary of the House of Representatives. SEC. 3. ELECTRONIC FILING AND PROCESSING OF PATENT AND TRADEMARK APPLICATIONS. (a) Electronic Filing and Processing.--Not later than December 1, 2004, the Director shall complete the development of an electronic system for the filing and processing of patent and trademark applications, that-- (1) is user friendly; and (2) includes the necessary infrastructure to-- (A) allow examiners and applicants to send all communications electronically; and (B) allow the Office to process, maintain, and search electronically the contents and history of each application. (b) Authorization of Appropriations.--Of amounts authorized under section 2, there are authorized to be appropriated to carry out subsection (a) of this section not more than $50,000,000 for each of fiscal years 2003 and 2004. Amounts made available under this subsection shall remain available until expended. SEC. 4. ANNUAL REPORTS ON STRATEGIC PLAN. In each of the 5 calendar years following the date of enactment of this Act, the Secretary of Commerce shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives on-- (1) the progress made in implementing the 21st Century Strategic Plan issued on June 3, 2002; and (2) any amendments made to the plan. SEC. 5. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF PATENTABILITY IN REEXAMINATION PROCEEDINGS. (a) In General.--Sections 303(a) and 312(a) of title 35, United States Code, are each amended by adding at the end the following: ``The existence of a substantial new question of patentability is not precluded by the fact that a patent or printed publication was previously cited by or to the Office or considered by the Office.''. (b) Effective Date.--The amendments made by this section shall apply with respect to any determination of the Director of the United States Patent and Trademark Office that is made under section 303(a) or 312(a) of title 35, United States Code, on or after the date of the enactment of this Act. SEC. 6. APPEALS IN INTER PARTES REEXAMINATION PROCEEDINGS. (a) Appeals by Third-Party Requester in Proceedings.--Section 315(b) of title 35, United States Code, is amended to read as follows: ``(b) Third-Party Requester.--A third-party requester-- ``(1) may appeal under the provisions of section 134, and may appeal under the provisions of sections 141 through 144, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; and ``(2) may, subject to subsection (c), be a party to any appeal taken by the patent owner under the provisions of section 134 or sections 141 through 144.''. (b) Appeal to Board of Patent Appeals and Interferences.--Section 134(c) of title 35, United States Code, is amended by striking the last sentence. (c) Appeal to Court of Appeals for the Federal Circuit.--Section 141 of title 35, United States Code, is amended in the third sentence by inserting ``, or a third-party requester in an inter partes reexamination proceeding, who is'' after ``patent owner''. (d) Effective Date.--The amendments made by this section apply with respect to any reexamination proceeding commenced on or after the date of the enactment of this Act. Passed the Senate June 26, 2002. Attest: Secretary. 107th CONGRESS 2d Session S. 1754 _______________________________________________________________________ AN ACT To authorize appropriations for the United States Patent and Trademark Office for fiscal years 2003 through 2008, and for other purposes.", "summary": "Patent and Trademark Office Authorization Act of 2002 - Authorizes appropriations to the U.S. Patent and Trademark Office for salaries and expenses for FY 2003 through 2008 in an amount equal to all patent and trademark fees estimated by the Secretary of Commerce (Secretary) to be collected in each such fiscal year.(Sec. 2) Requires the Under Secretary of Commerce for Intellectual Property and the Director of the Office (Director), by February 15 of each fiscal year, to report an estimate of all fees to be collected in the next fiscal year to the chairman and ranking member of specified congressional committees.(Sec. 3) Requires the Director, by December 1, 2004, to complete the development of an electronic system for the filing and processing of patent and trademark applications that: (1) is user friendly; and (2) includes the necessary infrastructure to allow examiners and applicants to send all communications electronically, and the Office to process, maintain, and search electronically the contents and history of each application. Authorizes appropriations for FY 2003 and 2004 for development of such system.(Sec. 4) Requires the Secretary, in each of the five calendar years following the enactment of this Act, to report to specified congressional committees on the progress made in implementing the 21st Century Strategic Plan issued on June 3, 2002, and on any amendments made to it.(Sec. 5) Amends Federal patent law to provide that previous citation by or to, or consideration by the Office of, a patent or printed publication does not preclude the existence of a substantial new question of patentability in patent reexamination proceedings.(Sec. 6) Revises requirements for appeals in inter partes reexamination proceedings to allow a third-party requester to appeal to the U.S. Court of Appeals for the Federal Circuit, or be a party to any appeal taken by the patent owner, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent.Allows a third-party requester to appeal a decision of the Board of Patent Appeals and Interferences.Provides that a third-party requester in an inter partes reexamination proceeding dissatisfied with the final decision in an appeal to the Board may appeal the decision only to the U.S. Court of Appeals for the Federal Circuit."}
{"article": "SECTION 1. CERTAIN THREE-RING BINDERS WHOLLY OR PREDOMINANTLY COVERED WITH POLYESTER FABRICS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.73.01 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm..... 9902.73.02 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings exceeding 51 mm diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm..... 9902.73.03 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with a zipper closure.......... 9902.73.04 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings exceeding 51mm diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with a zipper closure.......... 9902.73.05 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with a hook and loop closure..... 9902.73.06 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with a hook and loop closure..... 9902.73.07 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with an elastic band closure..... 9902.73.08 Three-ring binders Free No change No change On or before ''. with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings exceeding 51mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with an elastic band closure..... (b) Effective Date.--The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "summary": "Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain three-ring binders wholly or predominantly covered with polyester fabrics."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``African Development Foundation Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The African Development Foundation is uniquely promoting sustainable community-based solutions to economic and social development and is effectively supporting the development of African-owned small enterprises as engines of growth and sources of income and employment for the poor. (2) The African Development Foundation's programs advance United States interests in Africa and are in high demand across the continent, as evidenced by $20 million in host country contributions. (3) The Office of Management and Budget has determined the African Development Foundation to be a fully effective agency after assessing its program performance. (4) The African Development Foundation is the only United States Government agency working directly at the grassroots level, supporting African-designed and African-driven solutions to economic and social problems. The African Development Foundation enables individuals and groups to get out of poverty by putting their own ideas to work, instead of someone else's. (5) In 2005, African Development Foundation investments across Africa created more than 110,000 jobs for poor Africans and generated $70 million in gross revenues for enterprises. Almost 65 percent of micro and small entrepreneurs assisted by the African Development Foundation were women. (6) African Development Foundation-assisted groups had $35 million in export sales in 2005. For example, in Tanzania, the African Development Foundation is helping several thousand small sugar cane producers improve their income. Mtibwa Sugar has increased its gross export revenues by 423 percent over the past three years, from US$1.188 million during fiscal year 2002 to US$5.034 million in fiscal year 2005. In the Ruembe Outgrowers Association, sugar cane yields per hectare are up 30 percent and cumulative export sales stand at US$4.7 million. The number of participating cane farmers has increased by 50 percent since project inception and the income of the 1440 growers has almost doubled as a consequence of investment by the African Development Foundation. (7) The African Development Foundation is supporting African solutions to prevent HIV/AIDS and to reduce its impact on families and communities. For example, in Swaziland, where almost 40 percent of adults are infected with the AIDS virus, the African Development Foundation is improving nutrition and providing income-generating opportunities for widows and orphans by helping them produce and market vegetables, in Ghana, the African Development Foundation funded the training of almost 1500 youth who conducted peer counseling on HIV/AIDS to more than 200,000 young people, in Plateau State, Nigeria, the African Development Foundation funded a pilot program to adapt and extend a faith-based life skills training program in the public secondary schools in which approximately 500 teachers were trained in the new curriculum and more than 25,000 students received year-long training, and in Tanzania, the African Development Foundation has experimented with supporting schemes that extend micro-credit to people living with HIV/AIDS, enabling them to start informal businesses and undertake income-generating activities. (8) The work of the African Development Foundation is a powerful example of the goodwill of the American people, and it is one of the most effective foreign assistance programs of the United States. SEC. 3. AMENDMENTS TO AFRICAN DEVELOPMENT FOUNDATION ACT. (a) Redesignation.-- (1) In general.--Section 503(a) of the African Development Foundation Act (Public Law 96-533; 22 U.S.C. 290h-1(a)) is amended by striking ```African Development Foundation''' and inserting ```United States African Development Foundation'''. (2) Reference.--Any reference to the African Development Foundation in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of the enactment of this Act shall be deemed to be a reference to the United States African Development Foundation. (b) Funding for Grants and Loans.-- (1) Limitation.--Subsection (a) of section 505 of such Act (22 U.S.C. 290h-3) is amended-- (A) in paragraph (1), by inserting ``(including small enterprises, producer associations, and cooperatives)'' after ``entity''; and (B) in paragraph (2)-- (i) by striking ``The total'' and inserting ``Except as provided in this paragraph, the total''; (ii) by striking ``$250,000'' and inserting ``$400,000''; and (iii) by adding at the end the following new sentence: ``The funding limitation specified in this paragraph may be exceeded only in exceptional circumstances upon approval of the Board of the Directors and notification to Congress.''. (2) Use of funds.--Subsection (b) of such section is amended, in the second sentence, by inserting before the period at the end the following: ``, including supporting projects which benefit the poor''. (3) Recipients.--Such section is amended by adding at the end the following new subsection: ``(c) To be eligible to receive grant, loan, or loan guarantee under this section, a small enterprise referred to in subsection (a) shall satisfy the following requirements: ``(1) Ownership is predominantly vested in one or more individuals who are indigenous to Africa and who are representative and knowledgeable of, and with a track record of responding to, the needs and aspirations of the poor. ``(2) Management and daily business operations of the entity are controlled by one or more individuals who are indigenous to Africa.''. (c) Powers of the Foundation.--Section 506(a)(5) of such Act (22 U.S.C. 290h-4(a)) is amended by inserting ``including providing technical assistance to eligible recipients described in section 505(a)(1),'' after ``situated,''. (d) Basic Pay and Hiring Authorities.--Subsection (d) of section 507 of such Act (22 U.S.C. 290h-5) is amended-- (1) in paragraph (1), in the second sentence, by striking ``level IV of the Executive Schedule under section 5315 of title 5'' and inserting ``level II of the Executive Schedule under section 5313 of title 5, United States Code''; (2) in paragraph (2), by adding at the end the following new sentence: ``Such experts and consultants may be employed without regard to section 5373 of such title.''; and (3) by adding at the end the following new paragraph: ``(3) Of the individuals employed by the Foundation, not to exceed four such individuals may be appointed, compensated, or removed without regard to the civil service laws and regulations. No individual appointed may receive a rate of pay that exceeds the rate for senior level positions under section 5376 of title 5, United States Code. An employee of an agency serving in a career, career conditional, or non-temporary excepted service position who is appointed by the Foundation shall be entitled, on termination of such appointment for any reason other than for the misconduct or delinquence of such employee, to be reinstated in such employee's former position or a position of similar seniority and pay in the same agency.''.", "summary": "African Development Foundation Act of 2006 - Amends the the African Development Foundation Act to redesignate the African Development Foundation as the United States African Development Foundation. Specifies that small enterprises, producer associations, and cooperatives are eligible for Foundation assistance grants, loans, and loan guarantee assistance. Increases the project assistance ceiling and permits such amount to be exceeded in exceptional circumstances upon Board of Directors approval and congressional notification. Requires a small enterprise to have its ownership and management and daily business operations vested in one or more individuals who are indigenous to Africa in order to qualify for Foundation assistance. Authorizes the Foundation to provide eligible recipients with technical assistance. Revises specified salary and hiring provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wholesale Motor Fuel Fairness and Competition Restoration Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) both wholesale and retail motor fuel prices are the result of a number of complex factors, including those related to supply, refining, consumer demand, and oil company cost, pricing, and marketing practices; (2) certain cost, pricing, and marketing practices employed by the oil companies are unfair and anticompetitive, and contribute to the unjustified price of retail motor fuel charged the American consumer; (3) among the unfair and anticompetitive oil company practices are price zoning, redlining, discriminatory wholesale motor fuel pricing, and a complex system of cost allocation that hides the factors on which wholesale costs are based; (4) the oil companies' practice known as price zoning is one by which prices for motor fuel are set solely because of the retail station's geographic location unrelated to cost-of- business factors; (5) price zoning allows an oil company to artificially increase or depress retail motor fuel prices in order to secure an unfair market advantage against competitors; (6) the oil companies engage in a practice known as redlining, whereby a refiner refuses to sell motor fuel to distributors or particular geographic markets; (7) redlining allows an oil company to force concessions from a distributor and affords the company the opportunity to exert undue influence in a particular area or region; (8) the oil companies engage in a practice of discriminatory wholesale pricing of motor fuel based on the relationship of the purchaser to the oil company and the degree of competition they provide; (9) discriminatory pricing allows oil companies to charge different wholesale prices to company owned and operated retail stations, franchisees, and independent retailers though all may be situated in the same community and face the same competitive and operating factors; (10) the oil companies engage in a complex system of cost allocations by which they employ rebates, incentives, credits, and market enhancement allowances that hide the factors on which wholesale prices are based or published; (11) the complex system of cost allocation allows oil companies to post a ``wholesale price'' that is far different from the actual wholesale price that would be revealed if the cost factors were publicly identified and appropriately allocated; and (12) it is appropriate for the Federal Government to prohibit these unfair oil company cost, pricing, and marketing practices, to restore fair and competitive practices to the wholesale sale of motor fuel, and to allow American consumers to assess for themselves the factors that contribute to the price changes they pay at the retail pump. SEC. 3. PRICE DISCRIMINATION PROHIBITION. (a) Prohibition.-- (1) In general.--It shall be a violation of this Act for an owner or operator of a terminal facility to sell motor fuel from the terminal facility to a distributor or retailer at a price in excess of the price it charges any other distributor or retailer, including a distributor or retailer which it owns or with which it is affiliated. (2) Price determination.--For purposes of this subsection, the price an owner or operator of a terminal facility charges a distributor or retailer which it owns or with which it is affiliated shall be the price determined pursuant to the regulations issued under section 4(a). (3) Exception.--A sale shall not be in violation of this subsection if it is made pursuant to the terms of a franchise or sales contract entered into before October 17, 2000. (b) Civil Penalty.--The Federal Trade Commission may assess a civil penalty, not to exceed $1,000,000, for each violation described in subsection (a). (c) Criminal Penalty.--Whoever knowingly violates subsection (a) shall be fined under title 18, United States Code, or imprisoned not more than 5 years. (d) Effective Date.--This section shall take effect 6 months after the date of the enactment of this Act. SEC. 4. FULL DISCLOSURE. (a) Requirement.--The Federal Trade Commission, in consultation with the Secretary of Energy, shall issue regulations requiring full disclosure by refiners and distributors of their wholesale motor fuel pricing policies, including rebates, incentives, and market enhancement allowances. Such regulations shall establish procedures for determining the price an owner or operator of a terminal facility charges a distributor or retailer which it owns or with which it is affiliated. (b) Effective Date.--The regulations issued under subsection (a) shall take effect 6 months after the date of the enactment of this Act. (c) Public Dissemination.--The Federal Trade Commission shall ensure that all information acquired pursuant to the regulations issued under subsection (a) are made available to the public, except trade secrets and commercial or financial information protected from disclosure under subsection (b)(4) of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). Such information may be disseminated through the Energy Information Administration. SEC. 5. OWNERSHIP STUDY AND REPORT. Not later than 18 months after the date of the enactment of this Act, the Federal Trade Commission, in consultation with the Secretary of Energy, shall transmit to the Congress a report containing the results of a study of whether ownership or operation by a refiner of a facility for the retail sale of motor fuel has anticompetitive effects on the price of motor fuel. Such report shall include any recommendations for legislative or administrative actions the Federal Trade Commission, in consultation with the Secretary of Energy, considers appropriate. SEC. 6. DEFINITIONS. For purposes of this Act, any term defined in section 101 of the Petroleum Marketing Practices Act (15 U.S.C. 2801) shall have the meaning given the term in that Act.", "summary": "Sets forth civil and criminal penalties for violations of such prohibition. Directs the Federal Trade Commission to: (1) promulgate regulations requiring full disclosure by refiners and distributors of their wholesale motor fuel pricing policies, including rebates, incentives, and market enhancement allowances; (2) ensure that all such information is made available to the public; and (3) report to Congress the results of a study whether ownership or operation by a refiner of a facility for the retail sale of motor fuel has anticompetitive effects on the price of motor fuel."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Expiring Authorities Act of 2013''. SEC. 2. EXTENSIONS OF EXPIRING AUTHORITIES AFFECTING VETERANS AND THEIR FAMILIES. (a) Extension of Authority To Provide Monthly Assistance Allowance to Veterans With Disability Invited by United States Olympic Committee.-- (1) In general.--Section 322(d)(4) of title 38, United States Code, is amended by inserting ``and $500,000 for the period beginning October 1, 2013, and ending December 31, 2013'' after ``2013''. (2) Technical correction.--Section 322 of such title is amended by striking ``United States Paralympics, Inc.,'' each place it appears and inserting ``United States Olympic Committee''. (b) Extension of Authority To Provide Assistance for United States Olympic Committee.-- (1) In general.--Section 521A of such title is amended-- (A) in subsection (g), by inserting ``and $2,000,000 for the period beginning October 1, 2013, and ending December 31, 2013'' after ``2013''; and (B) in subsection (l), by striking ``The Secretary may only provide assistance under this section during fiscal years 2010 through 2013.'' and inserting ``The Secretary may not provide assistance under this section after December 31, 2013.''. (2) Technical correction.--Such section is further amended-- (A) except in subsection (d)(4), by striking ``United States Paralympics, Inc.,'' each place it appears and inserting ``United States Olympic Committee''; (B) in subsection (d)(4), by striking ``United States Paralympics, Inc.'' and inserting ``United States Olympic Committee''; and (C) by adding at the end the following new subsection: ``(m) Applicability to Commonwealths and Territories of United States.--The provisions of this section and section 322 of this title shall apply with respect to the following in the same manner and to the same degree as the United States Olympic Committee: ``(1) The American Samoa National Olympic Committee. ``(2) Guam National Olympic Committee. ``(3) Comite Olimpico de Puerto Rico. ``(4) Such entities as the Secretary considers appropriate to represent the interests of the Northern Mariana Islands and the United States Virgin Islands under this section and section 322 of this title.''. (3) Clerical amendment.--The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 521A and inserting the following new item: ``521A. Assistance for United States Olympic Committee.''. (c) Extension of Authority for Collection of Copayments for Hospital Care and Nursing Home Care.--Section 1710(f)(2)(B) of such title is amended by striking ``September 30, 2013'' and inserting ``September 30, 2014''. (d) Extension of Authority for Recovery From Third Parties of Cost of Care and Services Furnished to Veterans With Health-plan Contracts for Non-service-connected Disability.--Section 1729(a)(2)(E) of such title is amended by striking ``October 1, 2013'' and inserting ``October 1, 2014''. (e) Extensions of Authorities Affecting Homeless Veterans.-- (1) Homeless veterans reintegration programs.--Section 2021(e)(1)(F) of such title is amended by striking ``2013'' and inserting ``2014''. (2) Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions.-- Section 2023(d) of such title is amended-- (A) by inserting ``to enter into a contract'' before ``to provide''; and (B) by striking ``September 30, 2013'' and inserting ``September 30, 2014''. (f) Extension of Previously Fully-funded Authorities Affecting Homeless Veterans.-- (1) Comprehensive service programs.--Section 2013 of such title is amended by striking paragraph (6) and inserting the following new paragraphs: ``(6) $250,000,000 for fiscal year 2014. ``(7) $150,000,000 for fiscal year 2015 and each subsequent fiscal year.''. (2) Financial assistance for supportive services for very low- income veteran families in permanent housing.--Section 2044(e)(1)(E) of such title is amended by striking ``for fiscal year 2013'' and inserting ``for each of fiscal years 2013 and 2014''. (3) Grant program for homeless veterans with special needs.-- Section 2061(d)(1) of such title is amended by striking ``through 2013'' and inserting ``through 2014''. (g) Extension of Temporary Expansion of Eligibility for Specially Adapted Housing Assistance for Certain Veterans With Disabilities Causing Difficulty With Ambulating.--Section 2101(a)(4) of such title is amended-- (1) by striking ``The Secretary's'' and inserting ``(A) Except as provided in subparagraph (B), the Secretary's''; (2) in subparagraph (A), as designated by paragraph (1), by striking ``September 30, 2013'' and inserting ``September 30, 2014''; and (3) by adding at the end the following new subparagraph: ``(B) In fiscal year 2014, the Secretary may not approve more than 30 applications for assistance under paragraph (1) for disabled veterans described in paragraph (2)(A)(ii).''. (h) Extension of Authority To Calculate Net Value of Real Property Securing Defaulted Loan for Purposes of Liquidation.--Section 3732(c)(11) of such title is amended by striking ``October 1, 2013'' and inserting ``October 1, 2014''. (i) Extension of Pilot Program on Assistance for Child Care for Certain Veterans Receiving Health Care.--Section 205 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 38 U.S.C. 1710 note) is amended-- (1) in subsection (e), by striking ``2-year'' and inserting ``3-year''; and (2) in subsection (h), by striking ``and 2011'' and inserting ``and 2014''. SEC. 3. REAUTHORIZATION OF USE OF NATIONAL DIRECTORY OF NEW HIRES FOR INCOME VERIFICATION PURPOSES FOR CERTAIN VETERANS BENEFITS. (a) Secretary of Health and Human Services.--Section 453(j)(11) of the Social Security Act (42 U.S.C. 653(j)(11)) is amended by striking subparagraph (G) and inserting the following new subparagraph (G): ``(G) Expiration of authority.--The authority under this paragraph shall be in effect as follows: ``(i) During the period beginning on December 26, 2007, and ending on November 18, 2011. ``(ii) During the period beginning on the date of the enactment of the Department of Veterans Affairs Expiring Authorities Act of 2013 and ending 180 days after that date.''. (b) Secretary of Veterans Affairs.--Section 5317A of title 38, United States Code, is amended by striking subsection (d) and inserting the following new subsection (d): ``(d) Expiration of Authority.--The authority under this section shall be in effect as follows: ``(1) During the period beginning on December 26, 2007, and ending on November 18, 2011. ``(2) During the period beginning on the date of the enactment of the Department of Veterans Affairs Expiring Authorities Act of 2013 and ending 180 days after that date.''. SEC. 4. EFFECTIVE DATE AND RATIFICATION. (a) Effective Date.--This Act shall take effect on October 1, 2013, except that Section 2 (a) shall take effect on September 30, 2013. (b) Ratification.--If this Act is not enacted on or before September 30, 2013, any actions undertaken by the Department of Veterans Affairs under the authorities extended by this Act during the period beginning on such date and ending on the date of the enactment of this Act shall be deemed ratified. SEC. 5. SCORING OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010 shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the Senate on September 23, 2013. Department of Veterans Affairs Expiring Authorities Act of 2013 - (Sec. 2) Authorizes specified appropriations for the period October 1-December 31, 2013, to pay a monthly assistance allowance to a veteran with a disability invited by the United States Olympic Committee (USOC) to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in any event sanctioned by the USOC, or who is residing at a USOC, training center. Extends for the same period the authorization for grants to USOC for an integrated adaptive sports program for disabled veterans and disabled members of the Armed Forces. Applies the same grant authorization, in the same manner and to the same degree as to the USOC, to: (1) the American Samoa National Olympic Committee, (2) the Guam National Olympic Committee, (3) the Comite Olimpico de Puerto Rico, and (4) appropriate entities representing the interests of the Northern Mariana Islands and the United States Virgin Islands. Extends through FY2014 a veteran's liability for copayments of $10 for every day the veteran receives hospital care and of $5 for every day he or she receives nursing home care. Extends through FY2014 the right of the United States to recover or collect from a third party reasonable charges for care or services for a non-service-connected disability of a veteran with a service-connected disability who is entitled to care (or payment of the expenses of care) under a health-plan contract. Extends through FY2014 the authority of the Secretary of Labor for homeless veterans reintegration programs, and of the same Secretary and the Secretary of Veterans Affairs (VA) to contract for referral and counseling services for veterans at risk of homelessness who are transitioning from certain institutions. Extends through FY2015 the authorization of appropriations for comprehensive service programs for homeless veterans. Extends through FY2014 the availability of funds for: (1) financial assistance for supportive services for very low-income veteran families in permanent housing, and (2) the grant program for homeless veterans with special needs. Extends through FY2014 specially adapted housing assistance for a disabled veteran whose permanent and total service-connected disability causes difficulty with ambulating. Limits to 30 applications during FY2014 approval of such assistance for any such disabled veterans who served in the Armed Forces on or after September 11, 2001. Extends through FY2014 the authority to calculate, for liquidation purposes, the net value of real property securing a defaulted guaranteed housing or small business loan to a veteran. Amends the Caregivers and Veterans Omnibus Health Services Act of 2010 to extend through FY2014 the pilot program to assess the feasibility and advisability of providing assistance to veterans receiving regular or intensive mental health services and other intensive health care services in order to obtain child care while receiving such services. (Sec. 3) Amends part D (Child Support and Establishment of Paternity) of title IV (Temporary Assistance to Needy families) (TANF) of the Social Security Act to revive for a specified 180-day period the authority of the Secretary of Veterans Affairs to furnish the Secretary of Health and Human Services (HHS) with VA information for comparison with information in the National Directory of New Hires about individuals applying for or receiving needs-based veterans pension benefits, parents' dependency and indemnity compensation, veterans health care services, or compensation based on 100% unemployability. Authorizes for the same 180-day period the authority of the VA Secretary to terminate, deny, suspend, or reduce any of such veterans benefits or services, with respect to an applicant or recipient under age 65, by reason of information obtained from the HHS Secretary, but only if the VA Secretary takes appropriate steps to verify independently information relating to the individual's employment and employment income. (Sec. 4) Makes this Act effective on October 1, 2013, except for the authorization of appropriations for monthly assistance for disabled veterans invited to compete for a slot on, or selected for, the Paralympic Team, which shall be effective September 30, 2013. Deems ratified any VA actions undertaken before enactment of this Act under the authorities extended by this Act, if this Act is not enacted on or before September 30, 2013."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Security Act of 2003''. SEC. 2. DEFINITIONS. Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is amended-- (1) by redesignating subsection jj. as subsection ii.; and (2) by adding at the end the following: ``jj. Design Basis Threat.--The term `design basis threat' means the design basis threat established by the Commission under section 73.1 of title 10, Code of Federal Regulations (or any successor regulation developed under section 170C). ``kk. Sensitive Nuclear Facility.--The term `sensitive nuclear facility' means-- ``(1) a commercial nuclear power plant and associated spent fuel storage facility; ``(2) a decommissioned nuclear power plant and associated spent fuel storage facility; ``(3) a category I fuel cycle facility; ``(4) a gaseous diffusion plant; and ``(5) any other facility licensed by the Commission, or used in the conduct of an activity licensed by the Commission, that the Commission determines should be treated as a sensitive nuclear facility under section 170C.''. SEC. 3. NUCLEAR SECURITY. (a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following: ``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES AGAINST THE DESIGN BASIS THREAT. ``(a) Definitions.--In this section: ``(1) Nuclear security force.--The term `nuclear security force' means the nuclear security force established under subsection (b)(1). ``(2) Fund.--The term `Fund' means the Nuclear Security Fund established under subsection (e). ``(3) Qualification standard.--The term `qualification standard' means a qualification standard established under subsection (d)(2)(A). ``(4) Security plan.--The term `security plan' means a security plan developed under subsection (b)(2). ``(b) Nuclear Security.--The Commission shall-- ``(1) establish a nuclear security force, the members of which shall be employees of the Commission, to provide for the security of all sensitive nuclear facilities against the design basis threat; and ``(2) develop and implement a security plan for each sensitive nuclear facility to ensure the security of all sensitive nuclear facilities against the design basis threat. ``(c) Security Plans.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Commission shall develop a security plan for each sensitive nuclear facility to ensure the protection of each sensitive nuclear facility against the design basis threat. ``(2) Elements of the plan.--A security plan shall prescribe-- ``(A) the deployment of the nuclear security force, including-- ``(i) numbers of the members of the nuclear security force at each sensitive nuclear facility; ``(ii) tactics of the members of the nuclear security force at each sensitive nuclear facility; and ``(iii) capabilities of the members of the nuclear security force at each sensitive nuclear facility; ``(B) other protective measures, including-- ``(i) designs of critical control systems at each sensitive nuclear facility; ``(ii) restricted personnel access to each sensitive nuclear facility; ``(iii) perimeter site security, internal site security, and fire protection barriers; ``(iv) increases in protection for spent fuel storage areas; ``(v) placement of spent fuel in dry cask storage; and ``(vi) background security checks for employees and prospective employees; and ``(C) a schedule for completing the requirements of the security plan not later than 18 months after the date of enactment of this section. ``(3) Additional requirements.--A holder of a license for a sensitive nuclear facility under section 103 or 104 or the State or local government in which a sensitive nuclear facility is located may petition the Commission for additional requirements in the security plan for the sensitive nuclear facility. ``(4) Implementation of security plan.--Not later than 270 days after the date of enactment of this section, the Commission, in consultation with a holder of a license for a sensitive nuclear facility under section 103 or 104, shall, by direct action of the Commission or by order requiring action by the licensee, implement the security plan for the sensitive nuclear facility in accordance with the schedule under paragraph (2)(C). ``(5) Sufficiency of security plan.--If at any time the Commission determines that the implementation of the requirements of the security plan for a sensitive nuclear facility is insufficient to ensure the security of the sensitive nuclear facility against the design basis threat, the Commission shall immediately submit to Congress and the President a classified report that-- ``(A) identifies the vulnerability of the sensitive nuclear facility; and ``(B) recommends actions by Federal, State, or local agencies to eliminate the vulnerability. ``(d) Nuclear Security Force.-- ``(1) In general.--Not later than 90 days after the date of the enactment of this section, the Commission, in consultation with other Federal agencies, as appropriate, shall establish a program for the hiring and training of the nuclear security force. ``(2) Hiring.-- ``(A) Qualification standards.--Not later than 30 days after the date of enactment of this section, the Commission shall establish qualification standards that individuals shall be required to meet to be hired by the Commission as members of the nuclear security force. ``(B) Examination.--The Commission shall develop and administer a nuclear security force personnel examination for use in determining the qualification of individuals seeking employment as members of the nuclear security force. ``(C) Criminal and security background checks.--The Commission shall require that an individual to be hired as a member of the nuclear security force undergo a criminal and security background check. ``(D) Disqualification of individuals who present national security risks.--The Commission, in consultation with the heads of other Federal agencies, as appropriate, shall establish procedures, in addition to any background check conducted under subparagraph (B), to ensure that no individual who presents a threat to national security is employed as a member of the nuclear security force. ``(3) Annual proficiency review.-- ``(A) In general.--The Commission shall provide that an annual evaluation of each member of the nuclear security force is conducted and documented. ``(B) Requirements for continuation.--An individual employed as a member of the nuclear security force may not continue to be employed in that capacity unless the evaluation under subparagraph (A) demonstrates that the individual-- ``(i) continues to meet all qualification standards; ``(ii) has a satisfactory record of performance and attention to duty; and ``(iii) has the knowledge and skills necessary to vigilantly and effectively provide for the security of a sensitive nuclear facility against the design basis threat. ``(4) Training.-- ``(A) In general.--The Commission shall provide for the training of each member of the nuclear security force to ensure each member has the knowledge and skills necessary to provide for the security of a sensitive nuclear facility against the design basis threat. ``(B) Training plan.--Not later than 60 days after the date of enactment of this section, the Commission shall develop a plan for the training of members of the nuclear security force. ``(C) Use of other agencies.--The Commission may enter into a memorandum of understanding or other arrangement with any other Federal agency with appropriate law enforcement responsibilities, to provide personnel, resources, or other forms of assistance in the training of members of the nuclear security force. ``(e) Nuclear Security Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Nuclear Security Fund', which shall be used by the Commission to administer programs under this section to provide for the security of sensitive nuclear facilities. ``(2) Deposits in the fund.--The Commission shall deposit in the Fund-- ``(A) the amount of fees collected under paragraph (5); and ``(B) amounts appropriated under subsection (f). ``(3) Investment of amounts.-- ``(A) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. ``(B) Acquisition of obligations.--For the purpose of investments under subparagraph (A), obligations may be acquired-- ``(i) on original issue at the issue price; or ``(ii) by purchase of outstanding obligations at the market price. ``(C) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. ``(D) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. ``(4) Use of amounts in the fund.--The Commission shall use amounts in the Fund to pay the costs of-- ``(A) salaries, training, and other expenses of the nuclear security force; and ``(B) developing and implementing security plans. ``(5) Fee.--To ensure that adequate amounts are available to provide assistance under paragraph (4), the Commission shall assess licensees a fee in an amount determined by the Commission. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Implementation.--The Commission shall complete the full implementation of the amendment made by subsection (a) as soon as practicable after the date of enactment of this Act, but in no event later than 270 days after the date of enactment of this Act. (c) Technical and Conforming Amendment.--The table of contents for chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by adding at the end the following: ``170B. Uranium supply. ``170C. Protection of sensitive nuclear facilities against the design basis threat.''.", "summary": "Nuclear Security Act of 2003 - Amends the Atomic Energy Act of 1954 to instruct the Nuclear Regulatory Commission (NRC) to: (1) establish a nuclear security force composed of NRC employees to provide for the security of all sensitive nuclear facilities against design basis threat; and (2) develop and implement a security plan containing specified elements for each sensitive nuclear facility to ensure the security of all sensitive nuclear facilities against such threat. Authorizes a holder of a license for a sensitive nuclear facility to petition the Commission for additional requirements in the security plan for such facility. Requires the NRC to establish a hiring and training program for the nuclear security force. Establishes the Nuclear Security Fund for use by the Commission to administer the security programs for sensitive nuclear facilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Medical School Accountability Fairness Act of 2013''. SEC. 2. PURPOSE. To establish consistent eligibility requirements for graduate medical schools operating outside of the United States and Canada in order to increase accountability and protect American students and taxpayer dollars. SEC. 3. FINDINGS. Congress finds the following: (1) Three for-profit schools in the Caribbean receive more than two-thirds of all Federal funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that goes to students enrolled at foreign graduate medical schools, despite those three schools being exempt from meeting the same eligibility requirements as the majority of graduate medical schools located outside of the United States and Canada. (2) The National Committee on Foreign Medical Education and Accreditation and the Department of Education recommend that all foreign graduate medical schools should be required to meet the same eligibility requirements to participate in Federal funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) and see no rationale for excluding certain schools. (3) The attrition rate at United States medical schools averaged 3 percent for the class beginning in 2009 while rates at for-profit Caribbean schools have reached 26 percent or higher. (4) In 2013, residency match rates for foreign trained graduates averaged 53 percent compared to 94 percent for graduates of medical schools in the United States. (5) On average, students at for-profit medical schools operating outside of the United States and Canada amass more student debt than those at medical schools in the United States. SEC. 4. REPEAL GRANDFATHER PROVISIONS. Section 102(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(2)) is amended-- (1) in subparagraph (A), by striking clause (i) and inserting the following: ``(i) in the case of a graduate medical school located outside the United States-- ``(I) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part D of title IV; and ``(II) at least 75 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of title IV;''; and (2) in subparagraph (B)(iii), by adding at the end the following: ``(V) Expiration of authority.--The authority of a graduate medical school described in subclause (I) to qualify for participation in the loan programs under part D of title IV pursuant to this clause shall expire beginning on the first July 1 following the date of enactment of the Foreign Medical School Accountability Fairness Act of 2013.''. SEC. 5. LOSS OF ELIGIBILITY. If a graduate medical school loses eligibility to participate in the loan programs under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) due to the enactment of the amendments made by section 4, then a student enrolled at such graduate medical school on or before the date of enactment of this Act may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under such part D while attending such graduate medical school in which the student was enrolled upon the date of enactment of this Act, subject to the student continuing to meet all applicable requirements for satisfactory academic progress, until the earliest of-- (1) withdrawal by the student from the graduate medical school; (2) completion of the program of study by the student at the graduate medical school; or (3) the fourth June 30 after such loss of eligibility.", "summary": "Foreign Medical School Accountability Fairness Act of 2013 - Amends the Higher Education Act of 1965 to eliminate the exemption of certain foreign medical schools from the prohibition on foreign medical schools participating in the William D. Ford Federal Direct Loan program, unless: at least 60% of those enrolled in, and at least 60% of the graduates of, the foreign medical school during the preceding year were not citizens, nationals, or permanent residents of the United States or were not in the United States with the intention of becoming citizens or permanent residents; and at least 75% of students or graduates of the medical school located outside the United States or Canada who took the examinations administered by the Educational Commission for Foreign Medical Graduates in the preceding year received a passing score. Preserves the Direct Loan eligibility of students who were enrolled at schools excepted from that prohibition on or before the date of this Act's enactment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Protection Act of 1997''. SEC. 2. ESTABLISHMENT OF MORE INDEPENDENT OFFICE OF THE TAXPAYER ADVOCATE. (a) In General.--Paragraph (1) of section 7802(d) of the Internal Revenue Code of 1986 (relating to Office of Taxpayer Advocate) is amended to read as follows: ``(1) Establishment.-- ``(A) In general.--There is established in the Internal Revenue Service an office to be known as the `Office of the Taxpayer Advocate'. ``(B) National taxpayer advocate.-- ``(i) In general.--The Office of the Taxpayer Advocate shall be under the supervision and direction of an official to be known as the `National Taxpayer Advocate'. The National Taxpayer Advocate shall report directly to the Commissioner of Internal Revenue and shall be entitled to compensation at the same rate as the highest level official reporting directly to the Commissioner of the Internal Revenue Service. ``(ii) Appointment.--The National Taxpayer Advocate shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals with a background in customer service, as well as tax law. No officer or employee of the Internal Revenue Service may be appointed to such position in order to ensure an independent position to represent taxpayers' interests.''. (b) Annual Reports and Additional Responsibilities.--Section 7802(d)(2) of the Internal Revenue Code of 1986 (relating to functions of office) is amended by striking subparagraph (B) and inserting the following: ``(B) Annual reports.-- ``(i) Objectives.--Not later than June 30 of each calendar year, the National Taxpayer Advocate shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the objectives of the Office of the Taxpayer Advocate for the fiscal year beginning in such calendar year. Any such report shall contain full and substantive analysis, in addition to statistical information. ``(ii) Activities.--Not later than December 31 of each calendar year, the National Taxpayer Advocate shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the activities of the Office of the Taxpayer Advocate during the fiscal year ending during such calendar year. Any such report shall contain full and substantive analysis, in addition to statistical information, and shall-- ``(I) identify the initiatives the Office of the Taxpayer Advocate has taken on improving taxpayer services and Internal Revenue Service responsiveness, ``(II) contain recommendations received from individuals with the authority to issue Taxpayer Assistance Orders under section 7811, ``(III) contain a summary of at least 20 of the most serious problems encountered by taxpayers, including a description of the nature of such problems, ``(IV) contain an inventory of the items described in subclauses (I), (II), and (III) for which action has been taken and the result of such action, ``(V) contain an inventory of the items described in subclauses (I), (II), and (III) for which action remains to be completed and the period during which each item has remained on such inventory, ``(VI) contain an inventory of the items described in subclauses (I), (II), and (III) for which no action has been taken, the period during which each item has remained on such inventory, the reasons for the inaction, and identify any Internal Revenue Service official who is responsible for such inaction, ``(VII) identify any Taxpayer Assistance Order which was not honored by the Internal Revenue Service in a timely manner, as specified under section 7811(b), ``(VIII) contain recommendations for such administrative and legislative action as may be appropriate to resolve problems encountered by taxpayers, ``(IX) identify areas of the tax law that impose significant compliance burdens on taxpayers or the Internal Revenue Service, including specific recommendations for remedying these problems, ``(X) identify the 10 most litigated issues for each category of taxpayers, including recommendations for mitigating such disputes, and ``(XI) include such other information as the National Taxpayer Advocate may deem advisable. ``(iii) Report to be submitted directly.-- Each report required under this subparagraph shall be provided directly to the Committees described in clauses (i) and (ii) without any prior review or comment from the Commissioner, the Secretary of the Treasury, any other officer or employee of the Department of the Treasury, or the Office of Management and Budget. ``(C) Other responsibilities.--The National Taxpayer Advocate shall-- ``(i) monitor the coverage and geographic allocation of local taxpayer advocates, ``(ii) develop guidance to be distributed to all Internal Revenue Service officers and employees outlining the criteria for referral of taxpayer inquiries to local taxpayer advocates, ``(iii) ensure that the local telephone number for the local taxpayer advocate in each Internal Revenue Service district is published and available to taxpayers, and ``(iv) in conjunction with the Commissioner, develop career paths for local taxpayer advocates choosing to make a career in the Office of the Taxpayer Advocate.''. (c) National Oversight of Local Offices.--Section 7802(d)(2) of the Internal Revenue Code of 1986 (relating to functions of office), as amended by subsection (b), is amended by adding at the end the following: ``(D) Personnel actions.-- ``(i) Heads of local offices.--The National Taxpayer Advocate shall have the responsibility to-- ``(I) appoint and dismiss the local taxpayer advocate heading the office of the taxpayer advocate at each Internal Revenue Service district office and service center, and ``(II) evaluate and take personnel actions with respect to any employee of an office of the taxpayer advocate described in subclause (I). ``(ii) Consultation.--The National Taxpayer Advocate may consult with the head of any Internal Revenue Service district office or service center in carrying out the National Taxpayer Advocate's responsibilities under this subparagraph.''. (d) Operation of Local Offices.--Section 7802(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(4) Operation of local offices.-- ``(A) In general.--Each local taxpayer advocate-- ``(i) shall report directly to the National Taxpayer Advocate, ``(ii) may consult with the head of the Internal Revenue Service district office or service center which the local taxpayer advocate serves regarding the daily operation of the office of the taxpayer advocate, ``(iii) shall, at the initial meeting with any taxpayer seeking the assistance of the office of the taxpayer advocate, notify such taxpayer that the office operates independently of any Internal Revenue Service district office or service center and reports directly to Congress through the National Taxpayer Advocate, and ``(iv) shall, at the taxpayer advocate's discretion, not disclose to the Internal Revenue Service contact with, or information provided by, such taxpayer. ``(B) Maintenance of independent communications.-- Each local office of the taxpayer advocate shall maintain separate phone, facsimile, and other electronic communication access, and a separate post office address from the Internal Revenue Service district office or service center which it serves.''. (e) Notice of Right To Contact Office Included in Notice of Deficiency.--Section 6212(a) of the Internal Revenue Code of 1986 (relating to notice of deficiency) is amended by adding at the end the following: ``Such notice shall include a notice to the taxpayer of the taxpayer's right to contact a local office of the taxpayer advocate and the location and phone number of the nearest office.''. (f) Expansion of Authority To Issue Taxpayer Assistance Orders.-- Section 7811(a) of the Internal Revenue Code of 1986 (relating to taxpayer assistance orders) is amended-- (1) by striking ``Upon application'' and inserting the following: ``(1) In general.--Upon application'', (2) by moving the text 2 ems to the right, and (3) by adding at the end the following new paragraph: ``(2) Determination of hardship.--For purposes of determining whether a taxpayer is suffering or about to suffer a significant hardship, the National Taxpayer Advocate should consider-- ``(A) whether the Internal Revenue Service employee to which such order would issue is following applicable published administrative guidance, including the Internal Revenue Manual, ``(B) whether there is an immediate threat of adverse action, ``(C) whether there has been a delay of more than 30 days in resolving taxpayer account problems, and ``(D) the prospect that the taxpayer will have to pay significant professional fees for representation.''. (g) Conforming Amendments.-- (1) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``Taxpayer Advocate'' each place it appears and inserting ``National Taxpayer Advocate'': (A) Section 6323(j)(1)(D) (relating to withdrawal of notice in certain circumstances). (B) Section 6343(d)(2)(D) (relating to return of property in certain cases). (C) Section 7802(d)(3) (relating to responsibilities of Commissioner). (D) Section 7811(a)(1) (relating to authority to issue), as amended by subsection (f). (E) Section 7811(b)(2)(D) (relating to terms of a Taxpayer Assistance Order). (F) Section 7811(c) (relating to authority to modify or rescind). (G) Section 7811(d)(2) (relating to suspension of running of period of limitation). (H) Section 7811(e) (relating to independent action of Taxpayer Advocate). (I) Section 7811(f) (relating to Taxpayer Advocate). (2) Section 7811(d)(1) of such Code (relating to suspension of running of period of limitation) is amended by striking ``Taxpayer Advocate's'' and inserting ``National Taxpayer Advocate's''. (3) The headings of subsections (e) and (f) of section 7802 of such Code are each amended by striking ``Taxpayer Advocate'' and inserting ``National Taxpayer Advocate''. (4) The heading of section 7802 of such Code is amended by striking ``taxpayer advocate'' and inserting ``national taxpayer advocate''. (h) Transition Rules Relating to Appointment of National Taxpayer Advocate.-- (1) Initial appointment.--The President shall nominate for appointment the initial National Taxpayer Advocate to serve as head of the Office of the Taxpayer Advocate established under section 7208(a) of the Internal Revenue Code of 1986 (as amended by this section) not later than 120 days after the date of the enactment of this Act. (2) Interim role of current taxpayer advocate.--Until an individual has taken office under section 7208(a) of such Code (as so amended), the Taxpayer Advocate shall assume the additional powers and duties of the National Taxpayer Advocate under the amendments made by this section. (i) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.", "summary": "Taxpayer Protection Act of 1997 - Amends the Internal Revenue Code to revise provisions concerning of the Office of the Taxpayer Advocate. Places such office under the direction of the National Taxpayer Advocate, who shall be appointed by the President. (Currently, the Office is under the direction of the Taxpayer Advocate, who is appointed by the Commissioner of Internal Revenue.) Revises provisions concerning reporting and responsibilities of the Office, including directing the National Taxpayer Advocate to appoint local taxpayer advocates who shall report directly to the National Taxpayer Advocate. Requires each local taxpayer advocate office to maintain separate phone, facsimile, and other communication access, and a separate post office address from its IRS district office or service center. Revises provisions concerning the authority to issue taxpayer assistance orders."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Training and Research in Urology Act of 2004''. SEC. 2. RESEARCH, TRAINING, AND HEALTH INFORMATION DISSEMINATION WITH RESPECT TO UROLOGIC DISEASES. (a) Division Director of Urology.--Section 428 of the Public Health Service Act (42 U.S.C. 285c-2) is amended-- (1) in subsection (a)(1), by striking ``and a Division Director for Kidney, Urologic, and Hematologic Diseases'' and inserting ``a Division Director for Urologic Diseases, and a Division Director for Kidney and Hematologic Diseases''; and (2) in subsection (b)-- (A) by striking ``and the Division Director for Kidney, Urologic, and Hematologic Diseases'' and inserting ``the Division Director for Urologic Diseases, and the Division Director for Kidney and Hematologic Diseases''; and (B) by striking ``(1) carry out programs'' and all that follows through the end and inserting the following: ``(1) carry out programs of support for research and training (other than training for which National Research Service Awards may be made under section 487) in the diagnosis, prevention, and treatment of diabetes mellitus and endocrine and metabolic diseases, digestive diseases and nutritional disorders, and kidney, urologic, and hematologic diseases, including support for training in medical schools, graduate clinical training (with particular attention to programs geared to the needs of urology residents and fellows), graduate training in epidemiology, epidemiology studies, clinical trials, and interdisciplinary research programs; ``(2) establish programs of evaluation, planning, and dissemination of knowledge related to such research and training; ``(3) in cooperation with the urologic scientific and patient community, develop and submit to the Congress not later than January 1, 2006, a national urologic research plan that identifies research needs in the various areas of urologic diseases, including pediatrics, interstitial cystitis, incontinence, stone disease, urinary tract infections, and benign prostatic diseases; and ``(4) in cooperation with the urologic scientific and patient community, review the national urologic research plan every 3 years beginning in 2009 and submit to the Congress any revisions or additional recommendations.''; and (3) at the end of the section, by adding the following: ``(c) There are authorized to be appropriated $500,000 for each of fiscal years 2004 and 2005 to carry out paragraphs (3) and (4) of subsection (b), and such sums as may be necessary thereafter.''. (b) Urologic Diseases Data System and Information Clearinghouse.-- Section 427 of the Public Health Service Act (42 U.S.C. 285c-1) is amended-- (1) in subsection (c), by striking the terms ``and Urologic'' and ``and urologic'' each place either such term appears; and (2) by adding at the end the following: ``(d) The Director of the Institute shall-- ``(1) establish the National Urologic Diseases Data System for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with urologic diseases, including, where possible, data involving general populations for the purpose of detection of individuals with a risk of developing urologic diseases; and ``(2) establish the National Urologic Diseases Information Clearinghouse to facilitate and enhance knowledge and understanding of urologic diseases on the part of health professionals, patients, and the public through the effective dissemination of information.''. (c) Strengthening the Urology Interagency Coordinating Committee.-- Section 429 of the Public Health Service Act (42 U.S.C. 285c-3) is amended-- (1) in subsection (a), by striking ``and a Kidney, Urologic, and Hematologic Diseases Coordinating Committee'' and inserting ``a Urologic Diseases Interagency Coordinating Committee, and a Kidney and Hematologic Diseases Interagency Coordinating Committee''; (2) in subsection (b), by striking ``the Chief Medical Director of the Veterans' Administration,'' and inserting ``the Under Secretary for Health of the Department of Veterans Affairs''; and (3) by adding at the end the following: ``(d) The urology interagency coordinating committee may encourage, conduct, or support intra- or interagency activities in urology research, including joint training programs, joint research projects, planning activities, and clinical trials. ``(e) For the purpose of carrying out the activities of the Urologic Diseases Interagency Coordinating Committee, there are authorized to be appropriated $5,000,000 for each of fiscal years 2004 through 2008, and such sums as may be necessary thereafter.''. (d) National Urologic Diseases Advisory Board.--Section 430 of the Public Health Service Act (42 U.S.C. 285c-4) is amended by striking ``and the National Kidney and Urologic Diseases Advisory Board'' and inserting ``the National Urologic Diseases Advisory Board, and the National Kidney Diseases Advisory Board''. (e) Expansion of O'Brien Urologic Disease Research Centers.-- (1) In general.--Subsection (c) of section 431 of the Public Health Service Act (42 U.S.C. 285c-5(c)) is amended in the matter preceding paragraph (1) by inserting ``There shall be no fewer than 15 such centers focused exclusively on research of various aspects of urologic diseases, including pediatrics, interstitial cystitis, incontinence, stone disease, urinary tract infections, and benign prostatic diseases.'' before ``Each center developed''. (2) Authorization of appropriations.--Section 431 of the Public Health Service Act (42 U.S.C. 285c-5) is amended by adding at the end the following: ``(f) There are authorized to be appropriated for the urologic disease research centers described in subsection (c) $22,500,000 for each of fiscal years 2004 through 2008, and such sums as are necessary thereafter.''. (3) Technical amendment.--Subsection (c) of section 431 of the Public Health Service Act (42 U.S.C. 285c-5(c)) is amended at the beginning of the unnumbered paragraph-- (A) by striking ``shall develop and conduct'' and inserting ``(2) shall develop and conduct''; and (B) by aligning the indentation of such paragraph with the indentation of paragraphs (1), (3), and (4). (f) Subcommittee on Urologic Diseases.--Section 432 of the Public Health Service Act (42 U.S.C. 285c-6) is amended by striking ``and a subcommittee on kidney, urologic, and hematologic diseases'' and inserting ``a subcommittee on urologic diseases, and a subcommittee on kidney and hematologic diseases''. (g) Loan Repayment To Encourage Urologists and Other Scientists To Enter Research Careers.--Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) is amended by inserting after section 434A the following: ``loan repayment program for urology research ``Sec. 434B. (a) Establishment.--Subject to subsection (b), the Secretary shall carry out a program of entering into contracts with appropriately qualified health professionals or other qualified scientists under which such health professionals or scientists agree to conduct research in the field of urology, as employees of the National Institutes of Health or of an academic department, division, or section of urology, in consideration of the Federal Government agreeing to repay, for each year of such research, not more than $35,000 of the principal and interest of the educational loans of such health professionals or scientists. ``(b) Limitation.--The Secretary may not enter into an agreement with a health professional or scientist pursuant to subsection (a) unless the professional or scientist-- ``(1) has a substantial amount of educational loans relative to income; and ``(2) agrees to serve as an employee of the National Institutes of Health or of an academic department, division, or section of urology for purposes of the research requirement of subsection (a) for a period of not less than 3 years. ``(c) Applicability of Certain Provisions.--Except as inconsistent with this section, the provisions of subpart 3 of part D of title III apply to the program established under subsection (a) in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program established under such subpart.''. (h) Authorization of Appropriations for Urology Research.--Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) (as amended by subsection (g)) is further amended by inserting after section 434B the following: ``authorization of appropriations for urology research ``Sec. 434C. There are authorized to be appropriated to the Director of NIH for the purpose of carrying out intra- and interagency activities in urology research (including training programs, joint research projects, and joint clinical trials) $5,000,000 for each of fiscal years 2004 through 2008, and such sums as may be necessary thereafter. Amounts authorized to be appropriated under this section shall be in addition to amounts otherwise available for such purpose.''.", "summary": "Training and Research in Urology Act of 2004 - Amends the Public Health Service Act to separate the research and training on urologic diseases from that of kidney and hematologic diseases. Replaces the Division Director for Kidney, Urologic, and Hematologic Diseases in the National Institute of Diabetes and Digestive and Kidney Diseases with a Division Director for Urologic Diseases and a Division Director for Kidney and Hematologic Diseases. Requires the Director of the Institute to: (1) give particular attention to supporting research and training programs geared to the needs of urology residents and fellows; and (2) submit to Congress a national urologic research plan and review such plan every three years. Replaces the National Kidney and Urologic Diseases Data System, the National Kidney and Urologic Diseases Information Clearinghouse, and the National Kidney and Urologic Diseases Advisory Board with separate data systems, information clearinghouses, and advisory boards for kidney diseases and urologic diseases. Replaces the Kidney, Urologic, and Hematologic Diseases Interagency Coordinating Committee and the Institute's advisory panel subcommittee on kidney, urologic, and hematologic diseases with separate coordinating committees and subcommittees for: (1) kidney and hematologic diseases; and (2) urologic diseases. Requires at least 15 of the centers developed for research in kidney and urologic diseases under the Public Health Service Act to focus exclusively on urologic diseases. Directs the Secretary of Health and Human Services to establish a loan repayment program for urology research."}
{"article": "SECTION 1. SHORT TITLE. This title may be cited as the ``Habeas Corpus Revision Act of 1994''. SEC. 2. STATUTE OF LIMITATIONS. Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(g)(1) In the case of an applicant under sentence of death, any application for habeas corpus relief under this section must be filed in the appropriate district court not later than 1 year after-- ``(A) the date of denial of a writ of certiorari, if a petition for a writ of certiorari to the highest court of the State on direct appeal or unitary review of the conviction and sentence is filed, within the time limits established by law, in the Supreme Court; ``(B) the date of issuance of the mandate of the highest court of the State on direct appeal or unitary review of the conviction and sentence, if a petition for a writ of certiorari is not filed, within the time limits established by law, in the Supreme Court; or ``(C) the date of issuance of the mandate of the Supreme Court, if on a petition for a writ of certiorari the Supreme Court grants the writ and disposes of the case in a manner that leaves the capital sentence undisturbed. ``(2) The time requirements established by this section shall be tolled-- ``(A) during any period in which the State has failed to provide counsel as required in section 2257 of this chapter; ``(B) during the period from the date the applicant files an application for State postconviction relief until final disposition of the application by the State appellate courts, if all filing deadlines are met; and ``(C) during an additional period not to exceed 90 days, if counsel moves for an extension in the district court that would have jurisdiction of a habeas corpus application and makes a showing of good cause.''. SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES. Section 2251 of title 28, United States Code, is amended-- (1) by inserting ``(a)(1)'' before the first paragraph; (2) by inserting ``(2)'' before the second paragraph; and (3) by adding at the end the following: ``(b) In the case of an individual under sentence of death, a warrant or order setting an execution shall be stayed upon application to any court that would have jurisdiction over an application for habeas corpus under this chapter. The stay shall be contingent upon reasonable diligence by the individual in pursuing relief with respect to such sentence and shall expire if-- ``(1) the individual fails to apply for relief under this chapter within the time requirements established by section 2254(g) of this chapter; ``(2) upon completion of district court and court of appeals review under section 2254 of this chapter, the application is denied and-- ``(A) the time for filing a petition for a writ of certiorari expires before a petition is filed; ``(B) a timely petition for a writ of certiorari is filed and the Supreme Court denies the petition; or ``(C) a timely petition for certiorari is filed and, upon consideration of the case, the Supreme Court disposes of it in a manner that leaves the capital sentence undisturbed; or ``(3) before a court of competent jurisdiction, in the presence of counsel qualified under section 2257 of this chapter and after being advised of the consequences of the decision, an individual waives the right to pursue relief under this chapter.''. SEC. 4. LAW APPLICABLE. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2256. Law applicable ``(a) Except as provided in subsection (b), in an action under this chapter, the court shall not apply a new rule. ``(b) A court shall apply a new rule, if the new rule-- ``(1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or ``(2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. ``(c) As used in this section, the term `new rule' means a clear break from precedent, announced by the Supreme Court of the United States, that could not reasonably have been anticipated at the time the claimant's sentence became final in State court. A rule is not `new' merely because it was not dictated or compelled by the precedents existing at that time or because, at that time, it was susceptible to debate among reasonable minds.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding at the end the following: ``2256. Law applicable.''. SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 804 of this subtitle the following: ``Sec. 2257. Counsel in capital cases; State court ``(a) Notwithstanding section 2254(d) of this chapter, the court in an action under this chapter shall neither presume a finding of fact made in a State court proceeding specified in subsection (b)(1) of this section to be correct nor decline to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless-- ``(1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases that meets the specifications in subsection (b) of this section; ``(2) if the applicant in the instant case was eligible for the appointment of counsel and did not waive such an appointment, the State actually appointed an attorney or attorneys to represent the applicant in the State proceeding in which the finding of fact was made or the default occurred; and ``(3) the attorney or attorneys so appointed substantially met both the qualification standards specified in subsection (b)(3)(A) or (b)(4) of this section and the performance standards established by the appointing authority. ``(b) A mechanism for providing legal services to indigents within the meaning of subsection (a)(1) of this section shall include the following elements: ``(1) The State shall provide legal services to-- ``(A) indigents charged with offenses for which capital punishment is sought; ``(B) indigents who have been sentenced to death and who seek appellate, collateral, or unitary review in State court; and ``(C) indigents who have been sentenced to death and who seek certiorari review of State court judgments in the United States Supreme Court. ``(2) The State shall establish a counsel authority, which shall be-- ``(A) a statewide defender organization; ``(B) a resource center; or ``(C) a counsel authority appointed by the highest State court having jurisdiction over criminal matters, consisting of members of the bar with substantial experience in, or commitment to, the representation of criminal defendants in capital cases, and comprised of a balanced representation from each segment of the State's criminal defense bar. ``(3) The counsel authority shall-- ``(A) publish a roster of attorneys qualified to be appointed in capital cases, procedures by which attorneys are appointed, and standards governing qualifications and performance of counsel, which shall include-- ``(i) knowledge and understanding of pertinent legal authorities regarding issues in capital cases; and ``(ii) skills in the conduct of negotiations and litigation in capital cases, the investigation of capital cases and the psychiatric history and current condition of capital clients, and the preparation and writing of legal papers in capital cases; ``(B) monitor the performance of attorneys appointed and delete from the roster any attorney who fails to meet qualification and performance standards; and ``(C) appoint a defense team, which shall include at least 2 attorneys, to represent a client at the relevant stage of proceedings, within 30 days after receiving notice of the need for the appointment from the relevant State court. ``(4) An attorney who is not listed on the roster shall be appointed only on the request of the client concerned and in circumstances in which the attorney requested is able to provide the client with quality legal representation. ``(5) No counsel appointed pursuant to this section to represent a prisoner in State postconviction proceedings shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made, unless the prisoner and counsel expressly request continued representation. ``(6) The ineffectiveness or incompetence of counsel appointed pursuant to this section during State or Federal postconviction proceedings shall not be a ground for relief in a proceeding arising under section 2254 of this title. This limitation shall not preclude the appointment of different counsel at any phase of State or Federal postconviction proceedings. ``(7) Upon receipt of notice from the counsel authority that an individual entitled to the appointment of counsel under this section has declined to accept such an appointment, the court requesting the appointment shall conduct, or cause to be conducted, a hearing, at which the individual and counsel proposed to be appointed under this section shall be present, to determine the individual's competency to decline the appointment, and whether the individual has knowingly and intelligently declined it. ``(8) Attorneys appointed pursuant to this section shall be compensated on an hourly basis pursuant to a schedule of hourly rates as periodically established by the counsel authority after consultation with the highest State court with jurisdiction over criminal matters. Appointed counsel shall be reimbursed for expenses reasonably incurred in representing the client, including the costs of law clerks, paralegals, investigators, experts, or other support services. ``(9) Support services for staff attorneys of a defender organization or resource center shall be equal to the services listed in paragraph (8).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 804 the following: ``2257. Counsel in capital cases; State court.''. SEC. 6. SUCCESSIVE FEDERAL PETITIONS. Section 2244(b) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by inserting ``, in the case of an applicant not under sentence of death,'' after ``When''; and (3) by adding at the end the following: ``(2) In the case of an applicant under sentence of death, a claim presented in a second or successive application, that was not presented in a prior application under this chapter, shall be dismissed unless-- ``(A) the applicant shows that-- ``(i) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application; or ``(ii) the failure to raise the claim in the prior application was due to action by State officials in violation of the Constitution of the United States; and ``(B) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense or offenses for which the capital sentence was imposed, or in the validity of that sentence under Federal law.''. SEC. 7. CERTIFICATES OF PROBABLE CAUSE. The third paragraph of section 2253, of title 28, United States Code, is amended to read as follows: ``An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable cause. However, an applicant under sentence of death shall have a right of appeal without a certification of probable cause, except after denial of a second or successive application.''. SEC. 8. DUTIES OF THE DISTRICT COURT. Section 2254(a) of title 28, United States Code, is amended by adding at the end the following: ``In adjudicating the merits of any such ground, the court shall exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts and shall not defer to a previous State court judgment regarding a Federal legal standard or its application. Upon request, the court shall permit the parties to present evidence regarding material facts that were not adequately developed in State court. The court shall award relief with respect to any meritorious constitutional ground, unless, in the case of a violation that can be harmless, the respondent shows that the error was harmless beyond a reasonable doubt.''. SEC. 9. CLAIMS OF INNOCENCE. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 805 of this subtitle the following: ``Sec. 2258. Claims of innocence ``(a) At any time, and notwithstanding any other provision of law, a district court shall issue habeas corpus relief on behalf of an applicant under sentence of death, imposed either in Federal or in State court, who offers credible newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in-- ``(1) an acquittal of the offense for which the death sentence was imposed; or ``(2) a sentence other than death. ``(b) An application filed pursuant to subsection (a) shall offer substantial evidence which, if credible, would establish one of the standards in subsection (a)(1) or (2). An application that fails to do so may be dismissed. ``(c) If the court concludes that an application meets the requirements in subsection (b), the court shall-- ``(1) order the respondent to file an answer; ``(2) permit the parties to conduct reasonable discovery; ``(3) conduct a hearing to resolve disputed issues of fact; and ``(4) upon request, issue a stay of execution pending further proceedings in the district court and on direct review of the district court's judgment. ``(d) If the court concludes that the applicant meets the standards established by subsection (a)(1) or (2), the court shall order his or her release, unless a new trial or, in an appropriate case, a new sentencing proceeding, is conducted within a reasonable time. ``(e) If the court determines that the applicant is currently entitled to pursue other available and effective remedies in either State or Federal court, the court may, at the request of either party, suspend its consideration of the application under this section until the applicant has exhausted those remedies. A stay issued pursuant to subsection (c) shall remain in effect during such a suspension. ``(f) An application under this section may be consolidated with any other pending application under this chapter, filed by the same applicant.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 805 of this subtitle the following: ``2258. Claims of innocence.''. SEC. 10. PROCEDURAL DEFAULT IN STATE COURT. Section 2254 of title 28, United States Code, is amended by adding the following: ``(h)(1) A district court shall decline to consider a claim under this section if-- ``(A) the applicant previously failed to raise the claim in State court at the time and in the manner prescribed by State law; the State courts, for that reason, refused or would refuse to entertain the claim; such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the Supreme Court of the United States; and ``(B) the applicant fails to show cause for the failure to raise the claim in State court and prejudice to the applicant's right to fair proceedings or to an accurate outcome resulting from the alleged violation of the Federal right asserted, or that failure to consider the claim would result in a miscarriage of justice. ``(2) The court shall not find cause in any case in which it appears that the applicant or counsel deliberately withheld a claim from the State courts for strategic purposes. An applicant may establish cause by showing that-- ``(A) the factual basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant could have raised the claim in State court; ``(B) the claim relies on a decision of the Supreme Court of the United States, announced after the applicant might have raised the claim in State court; or ``(C) the failure to raise the claim in State court was due to interference by State officials, counsel's ignorance or neglect, or counsel's ineffective assistance in violation of the Constitution.''. HR 4018 RH----2", "summary": "Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. (Sec. 3) Specifies requirements for stays of execution in capital cases. (Sec. 4) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S. Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule: (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. (Sec. 5) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless: (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority. (Sec. 6) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law. (Sec. 7) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application. (Sec. 8) Requires the district court, in adjudicating habeas corpus cases, to: (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Weapons Complex Conversion Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Russian nuclear weapons complex is still at its Cold War size. Little information about this complex is shared, and 10 of its most sensitive cities remain closed. These cities house 750,000 people and employ approximately 150,000 people in nuclear military facilities. Although the Russian Federation Ministry of Atomic Energy has announced the need to significantly downsize its workforce, perhaps by as much as 50 percent, it has been very slow in accomplishing this goal. Information on the extent of any progress is very closely held. The major impediments to downsizing have been economic and social conditions in Russia. (2) The United States, on the other hand, has significantly downsized its nuclear weapons complex in an open and transparent manner. As a result, an enormous asymmetry now exists between the United States and Russia in nuclear weapon production capacities and in transparency of such capacities. It is in the national security interest of the United States to assist the Russian Federation in accomplishing significant reductions in its nuclear military complex and in helping it to protect its nuclear weapons, nuclear materials, and nuclear secrets during such reductions. Such assistance will accomplish critical nonproliferation objectives and provide essential support towards future arms reduction agreements. Without a significant, transparent reduction in nuclear weapons production capacity, the Russian Federation's ability to quickly reconstitute its arsenal remains inconsistent with current and contemplated arms control agreements. (3) Several current programs address portions of the downsizing and nuclear security concerns. The Nuclear Cities Initiative was established to assist Russia in creating job opportunities for employees who are not required to support realistic Russian nuclear security requirements. Its focus has been on creating commercial ventures that can provide self- sustaining jobs in three of the closed cities. The current scope and funding of the program are not commensurate with the scale of the threats to the United States sought to be addressed by the program. (4) To effectively address threats to United States national security interests, progress with respect to the nuclear cities must be expanded and accelerated. The Nuclear Cities Initiative has laid the groundwork for an immediate increase in investment and potential for immediate risk reduction in the cities of Sarov, Snezhinsk, and Seversk, which house four key Russian nuclear facilities. Furthermore, the Nuclear Cities Initiative has made considerable progress with the limited funding available. However, to gain sufficient advocacy for additional support, the program must demonstrate-- (A) rapid progress in conversion and restructuring; and (B) an ability for the United States to track progress against verifiable milestones that support a Russian nuclear complex consistent with their future national security requirements. (5) Reductions in the nuclear weapons-grade material stocks in the United States and Russia enhance prospects for future arms control agreements and reduce concerns that these materials could lead to proliferation risks. Confidence in both nations will be enhanced by knowledge of the extent of each nation's stockpiles of weapons-grade materials. The United States already makes this information public. (6) Many current programs contribute to the goals stated herein. However, the lack of programmatic coordination within and among United States Government agencies impedes the capability of the United States to make rapid progress. A formal single point of coordination is essential to ensure that all United States programs directed at cooperative threat reduction, nuclear materials reduction and protection, and the downsizing, transparency, and nonproliferation of the nuclear weapons complex effectively mitigate the risks inherent in the Russian Federation's military complex. (7) Specialists in the United States and the former Soviet Union trained in nonproliferation studies can significantly assist in the downsizing process while minimizing the threat presented by potential proliferation of weapons materials or expertise. SEC. 3. EXPANSION AND ENHANCEMENT OF NUCLEAR CITIES INITIATIVE. (a) In General.--The Secretary of Energy shall, in accordance with the provisions of this section, take appropriate actions to expand and enhance the activities under the Nuclear Cities Initiative in order to-- (1) assist the Russian Federation in the downsizing of the Russian Nuclear Complex; and (2) coordinate the downsizing of the Russian Nuclear Complex under the Initiative with other United States nonproliferation programs. (b) Enhanced Use of MINATOM Technology and Research and Development Services.--In carrying out actions under this section, the Secretary shall facilitate the enhanced use of the technology, and the research and development services, of the Russia Ministry of Atomic Energy (MINATOM) by-- (1) fostering the commercialization of peaceful, non- threatening advanced technologies of the Ministry through the development of projects to commercialize research and development services for industry and industrial entities; and (2) authorizing the Department of Energy, and encouraging other departments and agencies of the United States Government, to utilize such research and development services for activities appropriate to the mission of the Department, and such departments and agencies, including activities relating to-- (A) remediation of the environmental consequences of United States nuclear weapons activities and Russian nuclear weapons activities; (B) nonproliferation (including the detection and identification of weapons of mass destruction and verification of treaty compliance); (C) global energy and environmental matters; and (D) basic scientific research. (c) Acceleration of Nuclear Cities Initiative.--(1) In carrying out actions under this section, the Secretary shall accelerate the Nuclear Cities Initiative by implementing, as soon as practicable after the date of the enactment of this Act, programs at the nuclear cities referred to in paragraph (2) in order to convert significant portions of the activities carried out at such nuclear cities from military activities to civilian activities. (2) The nuclear cities referred to in this paragraph are the following: (A) Zarechnyy (Penza-19). (B) Sarov (Arzamas-16 and Avangard). (C) Snezhinsk (Chelyabinsk-70). (D) Seversk (Tomsk-7). (3) Before implementing a program under paragraph (1), the Secretary shall establish appropriate, measurable milestones for the first year of the program. (d) Plan for Restructuring the Russian Nuclear Complex.--(1) The President, acting through the Secretary of Energy, is urged to enter into negotiations with the Russian Federation for purposes of the development by the Russian Federation of a plan to restructure the Russian Nuclear Complex in order to meet changes in the national security requirements of Russia by 2010. (2) The plan under paragraph (1) should include the following: (A) Mechanisms to achieve a nuclear weapons production capacity in Russia that is consistent with the obligations of Russia under current and future arms control agreements. (B) Mechanisms to increase transparency regarding nuclear weapons production processes and nuclear materials inventories in Russia to the levels of transparency for such matters in the United States, including the participation of Department of Energy officials with expertise in transparency of such matters. (C) Measurable milestones that will permit the United States and the Russian Federation to monitor progress under the plan. (e) Encouragement of Careers in Nonproliferation.--(1) In carrying out actions under this section, the Secretary shall carry out a program to encourage students in the United States and in the Russian Federation to pursue a career in an area relating to nonproliferation. (2) Of the amounts available under subsection (f), $2,000,000 shall be available for purposes of the program required under paragraph (1). (f) Funding for Fiscal Year 2001.--There is hereby authorized to be appropriated for the Department of Energy for fiscal year 2001, $50,000,000 for purposes of the Nuclear Cities Initiative, including activities under this section. (g) Sense of Congress Regarding Funding for Fiscal Years After Fiscal Year 2001.--It is the sense of Congress that the availability of funds for the Nuclear Cities Initiative in fiscal years after fiscal year 2001 should be contingent upon-- (1) demonstrable progress in the programs carried out under subsection (c), as determined utilizing the milestones required under paragraph (3) of that subsection; and (2) the development and implementation of the plan required by subsection (d). SEC. 4. SENSE OF CONGRESS ON THE ESTABLISHMENT OF A NATIONAL COORDINATOR FOR NONPROLIFERATION MATTERS. It is the sense of Congress that-- (1) there should be a National Coordinator for Nonproliferation Matters to coordinate-- (A) the Nuclear Cities Initiative; (B) the Initiatives for Proliferation Prevention program; (C) the Cooperative Threat Reduction programs; (D) the materials protection, control, and accounting programs; and (E) the International Science and Technology Center; and (2) the position of National Coordinator for Nonproliferation Matters should be similar, regarding nonproliferation matters, to the position filled by designation of the President under section 1441(a) of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104-201; 110 Stat. 2727; 50 U.S.C. 2351(a)). SEC. 5. DEFINITIONS. In this Act: (1) Nuclear city.--The term ``nuclear city'' means any of the closed nuclear cities within the complex of the Russia Ministry of Atomic Energy (MINATOM) as follows: (A) Sarov (Arzamas-16 and Avangard). (B) Zarechnyy (Penza-19). (C) Novoural'sk (Sverdlovsk-44). (D) Lesnoy (Sverdlovsk-45). (E) Ozersk (Chelyabinsk-65). (F) Snezhinsk (Chelyabinsk-70). (G) Trechgornyy (Zlatoust-36). (H) Seversk (Tomsk-7). (I) Zhelenznogorsk (Krasnoyarsk-26). (I) Zelenogorsk (Krasnoyarsk-45). (2) Russian nuclear complex.--The term ``Russian Nuclear Complex'' refers to all of the nuclear cities.", "summary": "Urges the President to enter into negotiations with the Russian Federation for the Federation's development of a plan to restructure its nuclear complex in order to meet changes in Russian nuclear security requirements by 2010. Directs the Secretary to carry out a program to encourage students in the United States and the Russian Federation to pursue careers in nonproliferation. Authorizes appropriations. Expresses the sense of Congress that availability of Initiative funds after FY 2001 should be contingent upon: (1) demonstrable progress in enhancing and accelerating Initiative activities; and (2) the development and implementation of Russia's nuclear restructuring plan. Expresses the sense of Congress that: (1) there should be a National Coordinator for Nonproliferation Matters to coordinate various Federal nonproliferation programs, including the Initiative; and (2) such Coordinator position should be similar to the Coordinator position filled by the President under the Defense Against Weapons of Mass Destruction Act of 1996."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Living Wage Act''. SEC. 2. INCREASE IN EARNED INCOME TAX CREDIT. (a) General Rule.--Subsections (a) and (b) of section 32 of the Internal Revenue Code of 1986 (relating to earned income tax credit) are amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the credit percentage of so much of the earned income for the taxable year as does not exceed $8,000. ``(2) Limitation.--The amount of the credit allowable to a taxpayer under this subsection for any taxable year shall not exceed the excess (if any) of-- ``(A) the credit percentage of $8,000, over ``(B) the phaseout percentage of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds $10,000. ``(b) Percentages.--For purposes of subsection (a)-- ``(1) Credit percentage.-- ``(A) In general.--The credit percentage is the percentage equal to the sum of-- ``(i) 20 percent, ``(ii) 5 percent for each school age qualifying child, plus ``(iii) 10 percent for each preschool age qualifying child. ``(B) Not more than 4 children taken into account.--Not more than 4 children shall be taken into account under subparagraph (A), and preschool age qualifying children shall be taken into account before any other children are taken into account. ``(2) Phaseout percentage.-- ``(A) Phasedown to minimum benefit.-- ``(i) In general.--The phaseout percentage is the percentage determined in accordance with the following table: ``If the combination of qualifying children taken into account under The phaseout paragraph (1) is-- percentage is-- 1 S................. 13 2 S, or 1 P......... 14 3 S, or 1 S and 1 P. 15 4 S, or 2 S and 1 P, 16 or 2 P. 3 S and 1 P, or 1 S 17 and 2 P. 2 S and 2 P, or 3 P. 18 1 S and 3 P......... 19 4 P................. 20. ``(ii) Symbols used in table.--For purposes of clause (i)-- ``(I) S means school age qualifying child, and ``(II) P means preschool age qualifying child. ``(B) Minimum benefit for taxpayers with incomes below $50,000.--Except as provided in subparagraph (C), subparagraph (A) shall not apply so as to reduce the credit allowed by this section to a taxpayer to less than the minimum benefit determined in accordance with the following table: ``If the phaseout percentage The minimum applicable to the taxpayer is-- benefit is-- 13..................... $200 14..................... 400 15..................... 600 16..................... 800 17..................... 1,000 18..................... 1,200 19..................... 1,400 20..................... 1,600. ``(C) Phaseout of minimum benefit.--If the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year exceeds $50,000, the minimum benefit determined under subparagraph (B) shall be reduced by 15 percent of such excess. ``(3) Special rules for individual whose only children have attained age 16.--For purposes of this section, in the case of an individual who is an eligible individual solely by reason of children each of whom has attained age 16 as of the close of the taxable year-- ``(A) the credit percentage shall be 20 percent, ``(B) the phaseout percentage shall be 12 percent, and ``(C) subparagraphs (B) and (C) of paragraph (2) shall not apply.'' (b) Preschool Age and School Age Qualifying Children Defined.-- Subsection (c) of section 32 of such Code is amended by adding at the end the following new paragraph: ``(4) Preschool age and school age qualifying children.-- ``(A) Preschool age qualifying child.--The term `preschool age qualifying child' means any qualifying child who has not attained age 6 as of the close of the taxable year. ``(B) School age qualifying child.--The term `school age qualifying child' means any qualifying child who has attained age 6 but not age 16 as of the close of the taxable year.'' (c) Advance Payment Provisions.-- (1) Subsection (b) of section 3507 of such Code is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by inserting after paragraph (3) the following new paragraph: ``(4) states the number and ages of qualifying children (as defined in section 32(c)) of the employee for the taxable year.'' (2) Paragraph (2) of section 3507(c) of such Code is amended-- (A) in subparagraph (B)(i), by striking ``(without regard to subparagraph (D)'' and by striking ``section 32(a)(1)'' and inserting ``section 32(a)'', (B) in subparagraph (B)(ii), by striking ``section 32(b)(1)(B)(ii)'' and inserting ``section 32(a)(2)'' and by striking ``section 32(a)(1)'' and inserting ``section 32(a)'', and (C) by adding at the end the following new sentence: ``For purposes of this paragraph, the credit percentage shall be determined under section 32(b) on the basis of the number and ages of qualifying children specified in the earned income eligibility certificate and the determination of the amounts referred to in subparagraph (B)(ii) shall be made on the basis of the number and ages of qualifying children so specified.'' (3) Clause (i) of section 3507(e)(3)(A) of such Code is amended by inserting before ``, or'' the following: ``(or changing the percentages applicable to the employee under section 32(b) for the taxable year)''. (d) Conforming Amendments.-- (1) Paragraph (2) of section 32(f) of such Code is amended-- (A) by striking ``subsection (b)'' each place it appears in subparagraphs (A) and (B) and inserting ``subsection (a)(2)'', and (B) by adding at the end the following new sentence: ``Separate tables shall be prescribed for each of the phaseout percentages specified in the table contained in subsection (b)(2)(A)(i).'' (2) Paragraphs (1) and (2) of section 32(i) of such Code are amended to read as follows: ``(1) In general.--In the case of any taxable year beginning after 1995, each amount referred to in paragraph (2) shall be increased by an amount equal to-- ``(A) such amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `1994' for `1989' in subparagraph (B) thereof. ``(2) Amounts.--The amounts referred to in this paragraph are-- ``(A) the credit percentages used for purposes of subsection (a), ``(B) the $10,000 amount contained in subsection (a)(2)(B), and ``(C) the $50,000 amount contained in subsection (b)(2)(C).'' (3) Section 213 of such Code (relating to medical, dental, etc., expenses) is amended by striking subsection (f). (4) Paragraph (3) of section 162(l) of such Code is amended to read as follows: ``(3) Coordination with medical deduction.--Any amount paid by a taxpayer for insurance to which paragraph (1) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a).'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993; except that the amendments made by subsection (c) shall take effect on January 1, 1994. SEC. 3. DEPENDENT CARE CREDIT LIMITED TO HANDICAPPED DEPENDENTS AND SPOUSES. (a) In General.--Paragraph (1) of section 21(b) of the Internal Revenue Code of 1986 (defining qualifying individual and employment- related expenses) is amended by striking subparagraph (A), by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively, and by adding at the end the following new sentence: ``In the case of an individual described in subparagraph (A) who has not attained age 16 as of the close of the taxable year, such individual may be treated as a qualifying individual for purposes of this section only if the taxpayer elects not to treat such individual as a qualifying child under section 32 for such year.'' (b) Conforming Amendments.-- (1) Subparagraph (B) of section 21(b)(2) of such Code is amended by striking ``care of--'' and all that follows and inserting ``care of a qualifying individual who regularly spends at least 8 hours each day in the taxpayer's household.'' (2) Paragraph (2) of section 21(d) of such Code is amended by striking ``subsection (b)(1)(C)'' and inserting ``subsection (b)(1)(B)''. (3) Paragraph (5) of section 21(e) of such Code is amended-- (A) by striking ``is under the age of 13 or'' in subparagraph (B), and (B) by striking ``subparagraph (A) or (B) of subsection (b)(1) (whichever is appropriate)'' and inserting ``subsection (b)(1)(A)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 4. ELIMINATION OF PROPOSED CHANGES IN TREATMENT OF EARNED INCOME CREDIT IN DETERMINING CERTAIN WELFARE BENEFITS. Paragraphs (1) and (2)(A) of section 402(c) of the Family Support Act of 1988 are repealed.", "summary": "Family Living Wage Act - Amends Internal Revenue Code provisions governing the earned income tax credit to: (1) increase from $5,714 to $8,000 the amount of earned income subject to the credit; (2) establish the basic credit at 20 percent; and (3) permit an additional credit (to apply to not more than four children) of five percent for each dependent school age child between age six and age 16 and ten percent for each preschool age child. Reduces the amount of the credit for taxpayers with adjusted gross income over $50,000. Indexes amounts relating to the credit beginning in 1995. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 13, unless the child is physically or mentally incapable of self-care. Permits the credit with respect to handicapped children under age 16 only if the taxpayer elects not to include the child within the framework of the earned income credit. Repeals provisions of the Family Support Act of 1988 that revise the way in which the earned income credit is treated in the context of needs analysis for purposes of State plans for aid and services to needy families with children under title IV of the Social Security Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2017'' or the ``DEVICE Act of 2017''. SEC. 2. REPORTING REQUIREMENT FOR DESIGN AND REPROCESSING INSTRUCTION CHANGES. (a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(q) (relating to design and reprocessing changes).''. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the following: ``(q) Reporting Requirement for Device Design Changes.--Before making a change to the design of a device, or the reprocessing instructions of a device, that is marketed in interstate commerce, the manufacturer of the device shall give written notice of the change to the Food and Drug Administration.''. SEC. 3. REPORTING REQUIREMENT FOR CERTAIN COMMUNICATIONS TO FOREIGN HEALTH CARE PROVIDERS. (a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(r) (relating to communications to foreign health care providers).''. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by section 2 of this Act, is further amended by adding at the end the following: ``(r) Reporting Requirement for Certain Communications to Foreign Health Care Providers.-- ``(1) Requirement.--The manufacturer of a device that is marketed in interstate commerce shall give written notice to the Food and Drug Administration of any communication described in paragraph (2) not more than 5 calendar days after making such communication. ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. SEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING. (a) Inclusion in Device Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended-- (1) in paragraph (h)-- (A) in subparagraph (2), by striking ``or'' at the end; (B) in subparagraph (3), by striking ``and'' at the end and inserting ``or''; and (C) by inserting after subparagraph (3) the following: ``(4) a rapid assessment test intended to ensure the proper reprocessing of a reusable device (as defined in paragraph (ss)), and''; and (2) by adding at the end the following: ``(ss) The term `reusable device' means a device that-- ``(1) is intended to be used more than one time; and ``(2) must be sanitized (whether through cleaning, disinfection, or sterilization) to ensure that the device is safe and effective for such intended use.''. (b) Instructions for Use and Validation Data.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(s) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1). ``(3) Enforcement.--Beginning on the date of publication of the initial list under paragraph (1), the Secretary shall not accept any notification under subsection (k) for clearance of a type of rapid assessment test that is included on such list unless such notification includes instructions for use and validation data in accordance with paragraph (1).''.", "summary": "Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2017 or the DEVICE Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require medical device manufacturers to notify the Food and Drug Administration (FDA): (1) before making changes to the design or reprocessing instructions of a device, and (2) no more than five days after widely disseminating to health care providers in a foreign country communications regarding changes to the design or reprocessing instructions of a device or regarding a safety concern about a device. A device may not be sold if the manufacturer violates these notification requirements. Rapid assessment tests intended to ensure the proper reprocessing of reusable medical devices are defined as medical devices. The FDA must publish a list of the types of rapid assessment tests for which premarket notification must include validated instructions for use and validation data."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hedge Fund Transparency Act''. SEC. 2. HEDGE FUND REGISTRATION REQUIREMENTS. (a) Definition of Investment Company.--Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)) is amended-- (1) by striking paragraph (1); (2) by striking paragraph (7); (3) by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively; and (4) by redesignating paragraphs (8) through (14) as paragraphs (6) through (12), respectively. (b) Additional Exemptions.--Section 6 of the Investment Company Act of 1940 (15 U.S.C. 80a-6) is amended-- (1) in subsection (a), by adding at the end the following: ``(6)(A) Subject to subsection (g), any issuer whose outstanding securities (other than short-term paper) are beneficially owned by not more than 100 persons, and which is not making and does not presently propose to make a public offering of its securities. ``(B) For purposes of this paragraph and paragraph (7), beneficial ownership-- ``(i) by a company shall be deemed to be beneficial ownership by one person, except that, if the company owns 10 percent or more of the outstanding voting securities of the issuer, and is or, but for the exemption provided for in this paragraph or paragraph (7), would be an investment company, the beneficial ownership shall be deemed to be that of the holders of the outstanding securities (other than short-term paper) of such company; and ``(ii) by any person who acquires securities or interests in securities of an issuer described in this paragraph shall be deemed to be beneficial ownership by the person from whom such transfer was made, pursuant to such rules and regulations as the Commission shall prescribe as necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of this title, where the transfer was caused by legal separation, divorce, death, or any other involuntary event. ``(7)(A) Subject to subsection (g), any issuer, the outstanding securities of which are owned exclusively by persons who, at the time of the acquisition of such securities, are qualified purchasers, and which is not making and does not at that time propose to make a public offering of such securities. Securities that are owned by persons who received the securities from a qualified purchaser as a gift or bequest, or in a case in which the transfer was caused by legal separation, divorce, death, or any other involuntary event, shall be deemed to be owned by a qualified purchaser, subject to such rules, regulations, and orders as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. ``(B) Notwithstanding subparagraph (A), an issuer is exempt under this paragraph if-- ``(i) in addition to qualified purchasers, outstanding securities of that issuer are beneficially owned by not more than 100 persons who are not qualified purchasers, if-- ``(I) such persons acquired any portion of the securities of such issuer on or before September 1, 1996; and ``(II) at the time at which such persons initially acquired the securities of such issuer, the issuer was exempt under paragraph (6); and ``(ii) prior to availing itself of the exemption provided by this paragraph-- ``(I) such issuer has disclosed to each beneficial owner that future investors will be limited to qualified purchasers, and that ownership in such issuer is no longer limited to not more than 100 persons; and ``(II) concurrently with or after such disclosure, such issuer has provided each beneficial owner with a reasonable opportunity to redeem any part or all of their interests in the issuer, notwithstanding any agreement to the contrary between the issuer and such persons, for the proportionate share of that person of the net assets of the issuer. ``(C) Each person that elects to redeem under subparagraph (B)(ii)(II) shall receive an amount in cash equal to the proportionate share of that person of the net assets of the issuer, unless the issuer elects to provide such person with the option of receiving, and such person agrees to receive, all or a portion of the share of that person in assets of the issuer. If the issuer elects to provide such persons with such an opportunity, disclosure concerning such opportunity shall be made in the disclosure required by subparagraph (B)(ii)(I). ``(D) An issuer that is exempt under this paragraph shall nonetheless be deemed to be an investment company for purposes of the limitations set forth in subparagraphs (A)(i) and (B)(i) of section 12(d)(1) (15 U.S.C. 80a-12(d)(1) (A)(i) and (B)(i)) relating to the purchase or other acquisition by such issuer of any security issued by any registered investment company and the sale of any security issued by any registered open-end investment company to any such issuer. ``(E) For purposes of determining compliance with this paragraph and paragraph (6), an issuer that is otherwise exempt under this paragraph and an issuer that is otherwise exempt under paragraph (6) shall not be treated by the Commission as being a single issuer for purposes of determining whether the outstanding securities of the issuer exempt under paragraph (6) are beneficially owned by not more than 100 persons, or whether the outstanding securities of the issuer exempt under this paragraph are owned by persons that are not qualified purchasers. Nothing in this subparagraph shall be construed to establish that a person is a bona fide qualified purchaser for purposes of this paragraph or a bona fide beneficial owner for purposes of paragraph (6).''; and (2) by adding at the end the following: ``(g) Limitation on Exemptions for Large Investment Companies.-- ``(1) In general.--An investment company with assets, or assets under management, of not less than $50,000,000 is exempt under subsection (a)(6) or (a)(7) only if that company-- ``(A) registers with the Commission; ``(B) files an information form with the Commission under paragraph (2); ``(C) maintains such books and records as the Commission may require; and ``(D) cooperates with any request for information or examination by the Commission. ``(2) Information form.--The information form required under paragraph (1) shall be filed at such time and in such manner as the Commission shall require, and shall-- ``(A) be filed electronically; ``(B) be filed not less frequently than once every 12 months; ``(C) include-- ``(i) the name and current address of-- ``(I) each natural person who is a beneficial owner of the investment company; ``(II) any company with an ownership interest in the investment company; and ``(III) the primary accountant and primary broker used by the investment company; ``(ii) an explanation of the structure of ownership interests in the investment company; ``(iii) information on any affliation that the investment company has with another financial institution; ``(iv) a statement of any minimum investment commitment required of a limited partner, member, or other investor; ``(v) the total number of any limited partners, members, or other investors; and ``(vi) the current value of-- ``(I) the assets of the investment company; and ``(II) any assets under management by the investment company; and ``(D) be made available by the Commission to the public at no cost and in an electronic, searchable format.''. SEC. 3. IMPLEMENTING GUIDANCE AND RULES. (a) Forms and Guidance.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue such forms and guidance as are necessary to carry out this Act. (b) Rules.--The Securities and Exchange Commission may make a rule to carry out this Act. SEC. 4. ANTI-MONEY LAUNDERING OBLIGATIONS. (a) Purpose.--It is the purpose of this section to safeguard against the financing of terrorist organizations and money laundering. (b) In General.--An investment company that relies on paragraph (6) or (7) of section 6(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-6(a) (6) and (7)), as amended by this Act, as the basis for an exemption under that Act shall establish an anti-money laundering program and shall report suspicious transactions under subsections (g) and (h) of section 5318 of title 31, United States Code. (c) Rulemaking.-- (1) In general.--The Secretary of the Treasury, in consultation with the Chairman of the Securities and Exchange Commission and the Chairman of the Commodity Futures Trading Commission, shall, by rule, establish the policies, procedures, and controls necessary to carry out subsection (b). (2) Contents.--The rule required by paragraph (1)-- (A) shall require that each investment company that receives an exemption under paragraph (6) or (7) of section 6(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-6(a) (6) and (7)), as amended by this Act, shall-- (i) use risk-based due diligence policies, procedures, and controls that are reasonably designed to ascertain the indentity of and evaluate any foreign person (including, where appropriate, the nominal and beneficial owner or beneficiary of a foreign corporation, partnership, trust, or other foreign entity) that supplies or plans to supply funds to be invested with the advice or assistance of such investment company; and (ii) be subject to section 5318(k)(2) of title 31, United States Code; and (B) may incorporate elements of the proposed rule for unregistered investment companies published in the Federal Register on September 26, 2002 (67 Fed. Reg. 60617) (relating to anti-money laundering programs). (3) Publication date.--The Secretary of the Treasury, shall-- (A) propose the rule required by this subsection not later than 90 days after the date of enactment of this Act; and (B) issue the rule required by this subsection in final form not later than 180 days after the date of enactment of this Act. (d) Effective Date.--Subsection (b) shall take effect 1 year after the date of enactment of this Act, whether or not a final rule is issued under subsection (c), and the failure to issue such rule shall in no way affect the enforceability of this section. SEC. 5. TECHNICAL CORRECTIONS. (a) Securities Act of 1933.--Section 3(a) of the Securities Act of 1933 (15 U.S.C. 77c(a)) is amended-- (1) in paragraph (2)-- (A) by striking ``section 3(c)(3)'' and inserting ``section 3(c)(2)''; and (B) by striking ``section 3(c)(14)'' and inserting ``section 3(c)(12)''; (2) in paragraph (4), by striking ``section 3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)''; and (3) in paragraph (13), by striking ``section (3)(c)(14)'' and inserting ``section 3(c)(12)''. (b) Securities Exchange Act of 1934.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended-- (1) in section 3(a) (15 U.S.C. 78c(a))-- (A) in paragraph (12)(A)-- (i) in clause (iii), by striking ``section 3(c)(3)'' and inserting ``section 3(c)(2)''; (ii) in clause (v), by striking ``section 3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)''; and (iii) in clause (vi), by striking ``section 3(c)(14)'' and inserting ``section 3(c)(12)''; (B) in paragraph (12)(C), by striking ``section 3(c)(14)'' and inserting ``section 3(c)(12)''; and (C) in paragraph (54)(A)-- (i) in clause (ii), by striking ``exclusion from the definition of investment company pursuant to section 3(c)(7)'' and inserting ``exemption under section 6(a)(7)''; and (ii) in clause (vii), by striking ``section 3(c)(2)'' and inserting ``section 3(c)(1)''; (2) in section 3(g) (15 U.S.C. 78c(g)) by striking ``section 3(c)(14)'' each place that term appears and inserting ``section 3(c)(12)''; and (3) in section 12(g)(2) (15 U.S.C. 78l(g)(2))-- (A) in subparagraph (D), by striking ``section 3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)''; and (B) in subparagraph (H), by striking ``section 3(c)(14)'' and inserting ``section 3(c)(12)''. (c) Investment Company Act of 1940.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended-- (1) in section 2(a)(51) (15 U.S.C. 80a-2(a)(51))-- (A) in subparagraph (A)(i), by striking ``excepted under section 3(c)(7)'' and inserting ``exempt under section 6(a)(7)''; and (B) in subparagraph (C)-- (i) by striking ``that, but for the exceptions provided for in paragraph (1) or (7) of section 3(c), would be an investment company (hereafter in this paragraph referred to as an `excepted investment company')'' and inserting ``that is exempt under paragraph (6) or (7) of section 6(a) (hereafter in this paragraph referred to as an `exempt investment company')''; (ii) by striking ``section 3(c)(1)(A)'' and inserting ``section 6(a)(6)(B)(i)''; and (iii) by striking ``excepted'' each place that term appears and inserting ``any exempt''; (2) in section 6 (15 U.S.C. 80a-6)-- (A) in subsection (a)-- (i) in paragraph (2), by striking ``section 3(c)(1)'' and inserting ``section 6(a)(6)''; and (ii) in paragraph (5)(A)(iv), by striking ``that would be an investment company except for the exclusions from the definition of the term `investment company' under paragraph (1) or (7) of section 3(c)'' and inserting ``that is exempt under paragraph (6) or (7) of section 6(a)''; and (B) in subsection (f), by striking ``excluded from the definition of an investment company by section 3(c)(1)'' and inserting ``exempt under section 6(a)(6)''; (3) in section 7(e) (15 U.S.C. 80a-7(e)), by striking ``section 3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)''; and (4) in section 30 (15 U.S.C. 80a-29) in each of subsections (i) and (j), by striking ``section 3(c)(14)'' each place that term appears and inserting ``section 3(c)(12)''. (d) Investment Advisers Act of 1940.--The Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.) is amended-- (1) in section 203(b) (15 U.S.C. 80b-3(b))-- (A) in paragraph (4) by striking ``section 3(c)(10)'' each place that term appears and inserting ``section 3(c)(8)''; and (B) in paragraph (5), by striking ``section 3(c)(14)'' and inserting ``section 3(c)(12)''; and (2) in section 205(b) (15 U.S.C. 80b-5(b))-- (A) in paragraph (2)(B), by striking ``section 3(c)(11)'' and inserting ``section 3(c)(9)''; and (B) in paragraph (4), by striking ``excepted from the definition of an investment company under section 3(c)(7)'' and inserting ``exempt under section 6(a)(7)''. (e) Internal Revenue Code of 1986.--Section 851(a)(2) of the Internal Revenue Code of 1986 (relating to the definition of regulated investment company) is amended by striking ``section 3(c)(3)'' and inserting ``section 3(c)(2)''.", "summary": "Hedge Fund Transparency Act - Amends the Investment Company Act of 1940, Securities Act of 1933, the Securities Exchange Act of 1934, and the Internal Revenue Code to convert exceptions to the definition of an investment company into exemptions from mandatory registration as one. Exempts an investment company with assets, or assets under management, of at least $50 million from ordinary registration and filing requirements only if that company: (1) registers with the Securities and Exchange Commission (SEC); (2) files with the SEC a specified annual electronic information form, made available to the public, concerning ownership structure, investors, primary accountant and broker, and current assets value; (3) maintains such books and records as the SEC may require; and (4) cooperates with any request for information or examination by the SEC. Requires any investment company meeting such exemption requirements to establish an anti-money laundering program, according to rules prescribed by the Secretary of the Treasury, and report suspicious transactions. Requires such rules to require exempted investment companies to use risk-based due diligence policies, procedures, and controls reasonably designed to ascertain the identity of, and evaluate, any foreign person that supplies funds, or plans to supply funds, to be invested with the investment company's advice or assistance. Requires such rules also to require exempted investment companies to comply with the same requirements as other financial institutions for producing records requested by a federal regulator, particularly within 120 hours of receiving such a request."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``ESA Improvement Act of 2014''. SEC. 2. ENDANGERED AND THREATENED SPECIES STATE PROTECTIVE ACTIONS. Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)) is amended-- (1) in paragraph (1), in the first sentence, by striking ``The Secretary shall'' and inserting ``Except as provided in paragraph (3), the Secretary shall''; and (2) by adding at the end the following: ``(3) State protective action.-- ``(A) Exclusion from lists.--The Secretary shall not include in a list under this subsection any population of a species in a State if the Secretary has approved a State Protective Action for such population in accordance with this paragraph. ``(B) Publication of notice.--Not later than 90 days before proposing to add a species to a list under this subsection, the Secretary shall notify each State in which a population of the species occurs of the opportunity to submit to the Secretary a proposed State Protective Action for the species in that State, including specification of the criteria for approval of such an action under this paragraph. ``(C) Submission by state.--Each State notified under subparagraph (B), or group of such States, may submit to the Secretary a proposed State Protective Action for the species in such State or States within the period specified by the Secretary for the submission of public comment regarding the inclusion of the species in the list. ``(D) Guidance to states.--During preparation of a proposed State Protective Action under subparagraph (A), the Secretary shall provide guidance to the State regarding such preparation. ``(E) Approval or disapproval; resubmission.--The Secretary shall-- ``(i) approve or disapprove a proposed State Protective Action by not later than 45 days after the date it is submitted; ``(ii) approve such an action if the Secretary determines that it meets the criteria specified for approval in the notification under subparagraph (B); ``(iii) upon disapproving such an action-- ``(I) provide the written comments explaining specifically why the action was not approved; ``(II) allow the proposed action to be resubmitted at any time before the end of the 45-day period beginning on the date the Secretary provides such comments; and ``(III) by not later than 30 days after the end of such period, issue a final decision regarding the proposed action. ``(F) Limitation on final listing.--The Secretary may not add a population of a species to a list before the date the Secretary has made a final determination regarding approval of each State Protective Action for such population that has been submitted in accordance with this paragraph. ``(G) Qualification for grants.--For purposes of subsection (d), a State Protective Action approved by the Secretary under this paragraph shall be treated as a cooperative agreement entered into pursuant to this subsection. ``(H) Review of plans.--Every 5 years after approving a State Protective Action, the Secretary shall review the implementation and effectiveness of the action, and if necessary provide guidance on improvements or revisions that are required to maintain the Secretary's approval of the action. ``(I) Revocation of approval.--The Secretary may revoke approval of a State Protective Action for a population and propose adding such species to a list under this subsection if at any time after completion of the first review under subparagraph (H) the Secretary determines that-- ``(i) the State has failed to implement the action; or ``(ii) the action has failed to make measurable progress toward achieving the recovery criteria for the population. ``(J) Termination.--The Secretary may terminate the effectiveness of a State Protective Action approved under this paragraph, including review regarding the action under subparagraph (H), if the Secretary determines that recovery criteria for the population have been achieved.''.", "summary": "ESA Improvement Act of 2014 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from adding a species to the list of endangered and threatened species: (1) if the Secretary has approved a State Protective Action (SPA) for such species, and (2) before the Secretary has made a final determination regarding approval of an SPA. Directs the Secretary to: (1) notify each state of the opportunity to submit an SPA prior to proposing to add a species to the federal list of endangered and threatened species, and (2) provide guidance to states regarding the preparation of an SPA. Establishes a process for approving or disapproving a proposed SPA. Requires the Secretary to review the implementation and effectiveness of an SPA every five years and, if necessary, provide guidance on improvements or revisions that are required to maintain the Secretary's approval of the SPA. Authorizes the Secretary to: (1) revoke approval of an SPA and propose adding a species to the federal list if the state has failed to implement the SPA or the SPA failed to make measurable progress toward meeting the recovery criteria for the species, and (2) terminate the effectiveness of an approved SPA if the recovery criteria for the species have been met."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Security and Liberty Preservation Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The terrorist attacks of September 11, 2001, and the continuing threat of further attacks, are an assault on the safety and security of all Americans. (2) The threat of further acts of terrorism has necessitated an expansion of the authority of government to conduct surveillance and collect data. (3) While recognizing the need for additional security measures, Americans remain deeply committed to the individual dignity, liberty, and privacy rooted in United States history and protected by the Constitution of the United States. (4) Different investigative technologies and methods can achieve the same security goals in ways that have substantially different impacts on individual rights. (5) The government should conduct investigations and surveillance in a manner that fully addresses law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the Commission on Enhancing Security and Preserving Freedom (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 17 members of whom-- (A) five shall be representatives of the Federal Government, including-- (i) the Attorney General, or the Attorney General's designee; (ii) the Secretary of the Treasury, or the Secretary's designee; (iii) the Secretary of Commerce, or the Secretary's designee; (iv) the Director of Central Intelligence, or the Director's designee; and (v) the Director of Homeland Security, or the Director's designee; (B) four shall be appointed by the Majority Leader of the Senate; (C) two shall be appointed by the Minority Leader of the Senate; (D) four shall be appointed by the Speaker of the House of Representatives; and (E) two shall be appointed by the Minority Leader of the House of Representatives. (2) Limitation on designees.--An individual may not be designated for membership on the Commission under paragraph (1)(A) unless the individual holds a position in the United States Government by appointment of the President, by and with the advice and consent of the Senate. (3) Appointments by congressional leadership.-- (A) Requirements.--Of the individuals appointed under subparagraphs (B) through (E) of paragraph (1)-- (i) at least one shall be an officer or employee of a State law enforcement agency; and (ii) at least one shall be an officer or employee of a local law enforcement agency. (B) Limitation.--No individual may be appointed under subparagraphs (B) through (E) of paragraph (1) if the individual is an officer or employee of the Federal Government or an active member of the uniformed services. (C) Sense of congress.--It is the sense of Congress that in making appointments to the Commission under subparagraphs (B) through (E) of paragraph (1) the Members of Congress referred to in such subparagraphs should seek to appoint individuals with varying viewpoints on and areas of expertise in the matters to be covered by the Commission, including individuals from the technology industry, non-profit entities, and academia. (c) Period of Appointment; Vacancies.--Members of the Commission shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Security Clearances.-- (1) In general.--Each individual appointed to the Commission under subparagraphs (B) through (E) of subsection (d)(1) shall possess a security clearance appropriate for the work of the Commission under this Act. (2) Failure to secure clearance.-- (A) Initial appointments.--If an individual initially appointed under subparagraphs (B) through (E) of subsection (d)(1) without a security clearance does not secure a security clearance by the commencement of the work of the Commission, the appointment shall be deemed vacant. (B) Appointments to vacancies.--If an individual appointed to a vacancy in a position under subparagraphs (B) through (E) of subsection (d)(1) without a security clearance does not secure a security clearance within a reasonable period (as determined by the Commission), the appointment shall be deemed vacant. (3) Processing of clearances.--The Attorney General shall seek to ensure the timely processing of any applications for security clearances for purposes of this subsection. (e) Chairman.--The Commission shall select a Chairman from among its members. (f) Initial Meeting.--Not later than 30 days after the date on which nine members of the Commission have been appointed, the Commission shall hold its first meeting. (g) Meetings.--The Commission shall meet at the call of the Chairman. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 4. DUTIES OF COMMISSION. (a) Investigation.--The Commission shall conduct a thorough investigation of the following: (1) Standards for using, selecting, and operating investigative and surveillance technologies to meet law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States. (2) The advisability of establishing within the Government one or more entities or procedures to ensure that the Government uses investigative and surveillance technologies to meet law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States. (b) Report.-- (1) In general.--Not later than 18 months after the date of the initial meeting of the Commission, the Commission shall submit to the President and Congress a report which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (2) Form of report.--The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (c) Investigative and Surveillance Technologies Defined.--In this section, the term ``investigative and surveillance technologies'' means technologies that may be used by the Federal Government, and by State and local governments, to monitor and collect information about individuals in the absence of reasonable, articulable suspicion of criminal activity, including-- (1) Internet surveillance technologies; (2) data mining technologies; (3) surveillance camera technologies; (4) x-ray body scan technologies; (5) biometric technologies; and (6) other technologies identified by the Commission for purposes of this Act. SEC. 5. POWERS OF COMMISSION. (a) Hearings.-- (1) In general.--The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act-- (A) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials, as the Commission or such subcommittee or member considers advisable. (2) Public meetings.--To the maximum extent practicable, the meetings of the Commission shall be open to the public. (3) Closed meetings.-- (A) In general.--Meetings of the Commission may be closed to the public under section 10(d) of the Federal Advisory Committee Act (5 U.S.C. App.) or other applicable law. (B) Additional authority.--In addition to the authority under subparagraph (A), paragraphs (1) and (3) of section 10(a) of the Federal Advisory Committee Act shall not apply to any portion of a Commission meeting if the President determines that such portion or portions of that meeting is likely to disclose matters that could endanger national security. If the President makes such determination, the requirements relating to a determination under section 10(d) of that Act shall apply. (4) Public summary of closed proceedings.--Whenever practicable, the Commission shall maintain and make available for public inspection an unclassified summary of any classified information considered by the Commission and of any classified meeting or proceeding conducted by the Commission. (b) Issuance and Enforcement of Subpoenas.-- (1) Issuance.--Subpoenas issued under subsection (a) shall bear the signature of the Chairman of the Commission and shall be served by any person or class of persons designated by the Chairman for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of court. (c) Witness Allowances and Fees.--Section 1821 of title 28, United States Code, shall apply to witnesses requested or subpoenaed to appear at any hearing of the Commission. The per diem and mileage allowances for witnesses shall be paid from funds available to pay the expenses of the Commission. (d) Procedures.--The Commission may adopt procedures for the work of the Commission under this Act. Any portion of such procedures relating to the treatment of confidential or classified information shall not go into effect until jointly approved by the Attorney General and the Director of Central Intelligence. (e) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (g) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission shall serve without compensation for their service as members of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Security clearances.--The executive director and any other personnel of the Commission shall possess security clearances appropriate for the work of the Commission. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. TERMINATION OF COMMISSION. The Commission shall terminate 60 days after the date on which the Commission submits its report under section 4(b). SEC. 8. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2003, 2004, and 2005 such sums as may be necessary for the Commission to carry out this Act in such fiscal year. (b) Transfer of Funds.--If no funds are appropriated to the Commission by the end of the session of Congress ending in a fiscal year specified in subsection (a), the Secretary of Commerce shall, from amounts appropriated or otherwise available to the Secretary for such fiscal year, transfer to the Commission an amount necessary to permit the Commission to carry out this Act in such fiscal year. (c) Availability.--Any amounts appropriated to the Commission under subsection (a), or transferred to the Commission under subsection (b), shall remain available, without fiscal year limitation, until expended.", "summary": "Security and Liberty Preservation Act - Establishes the Commission on Enhancing Security and Preserving Freedom to conduct a thorough investigation of: (1) standards for using, selecting, and operating investigative and surveillance technologies to meet law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States; and (2) the advisability of establishing Government entities or procedures to ensure that the Government complies with such standards."}
{"article": "SECTION 1. FIRE-RETARDANT MATERIALS EXEMPTION. Section 3503 of title 46, United States Code, is amended to read as follows: ``Sec. 3503. Fire-retardant materials ``(a)(1) A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certificate of inspection only if-- ``(A) the vessel is constructed of fire-retardant materials; and ``(B) the vessel-- ``(i) is operating engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators that meet current Coast Guard regulations; ``(ii) is operating boilers and main electrical generators that are contained within noncombustible enclosures equipped with fire suppression systems; and ``(iii) has multiple forms of egress off the vessel's bow and stern. ``(2) Before December 1, 2028, this section does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line. ``(b)(1) When a vessel is exempted from the fire-retardant standards of subsection (a)-- ``(A) the owner or managing operator of the vessel shall-- ``(i) notify in writing prospective passengers, prior to the sale of any ticket for boarding and to be affirmatively recognized by such passenger prior to purchase, and any crew member that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas; and ``(ii) display in clearly legible font prominently throughout the vessel, including in each state room the following: `THIS VESSEL FAILS TO COMPLY WITH SAFETY RULES AND REGULATIONS OF THE U.S. COAST GUARD.'; ``(B) the owner or managing operator of the vessel-- ``(i) may not disclaim liability to a passenger or crew member for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator; and ``(ii) shall acquire prior to entering service, and maintain, liability insurance in an amount to be prescribed by the Federal Maritime Commission; ``(C) the penalties provided in section 3504(c) of this title apply to a violation of this subsection; ``(D) the owner or managing operator of the vessel shall-- ``(i) make annual structural alteration to not less than 10 percent of the areas of the vessel that are not constructed of fire retardant materials; ``(ii) prioritize alterations in galleys, engineering areas of the vessel, including all spaces and compartments containing, or adjacent to spaces and compartments containing, engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators; ``(iii) ensure, to the satisfaction of the Coast Guard, that the combustible fire-load has been reduced pursuant to clause (i) during each annual inspection for certification; and ``(iv) provide advance notice to the Coast Guard regarding the structural alterations made pursuant to clause (i) and comply with any noncombustible material requirements prescribed by the Coast Guard; ``(E) the Coast Guard, in making the determination required in subparagraph (D)(iii), shall consider, to the extent practicable, the goal of preservation of the historic integrity of the vessel in areas carrying or accessible to passengers or generally visible to the public; ``(F) the owner or managing operator of the vessel shall annually notify all ports of call and State emergency management offices of jurisdiction that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas; ``(G) the crews manning such vessel shall receive specialized training, above minimum standards, in regards to shipboard firefighting that is specialized for exempted vessels and approved by the Coast Guard; and ``(H) the owner or managing operator of the vessel shall, to the extent practicable, take all steps to retain previously trained crew knowledgeable of such vessel or to hire crew trained in operations aboard exempted vessels. ``(2) The Secretary shall conduct an annual audit and inspection of any vessel exempted from the fire-retardant standards of subsection (a). ``(c) The Secretary shall prescribe regulations to carry out this section. Such regulations shall include the manner in which prospective passengers are to be notified. ``(d) In addition to other penalties permitted by law, the Secretary is authorized to immediately withdraw a certificate of inspection for a passenger vessel that does not comply with any requirement under this section.''.", "summary": "This bill revises the requirements for passenger vessels that are exempt from fire-retardant materials standards. Vessels in operation before January 1, 1968, that operate within inland waterways are exempt from the new requirements until December 1, 2028. Exempt vessel operators must follow certain requirements including notifying prospective passengers in writing prior to the sale of any ticket for boarding and making annual structural alterations to at least 10% of areas of the vessel that are not constructed of fire-retardant materials. Additionally, the Department of Transportation (DOT)must conduct an annual inspection of any vessel that is exempted from fire-retardant materials standards.DOTmay withdraw a certificate of inspection for any vessel that does not comply with requirements under this bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuels Pipelines Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) creating the appropriate infrastructure to move renewable fuels is a necessary energy and transportation objective for the United States; (2) as of the date of enactment of this Act, more than 70 percent of the gasoline supply of the United States is delivered to local terminals through pipelines; (3) pipelines are the most cost-effective, efficient, and safe transportation mode in use in 2009 to deliver large volumes of liquid fuels; (4) as of the date of enactment of this Act, renewable fuels are transported by truck, barge, and rail, and the volume requirements of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.), and the amendments made by that Act, will require an expansion of the renewable fuels infrastructure; (5) the transportation of renewable fuels through a pipeline will facilitate the meeting of the volume requirements of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.) and the amendments made by that Act; and (6) the production and use of renewable fuels is supported by Federal policy and a corresponding Federal policy is necessary to support the construction of an appropriate infrastructure to transport those fuels. SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following: ``(6) Renewable fuel.--The term `renewable fuel' has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as in effect on January 1, 2009, except that the term includes ethanol and biodiesel. ``(7) Renewable fuel pipeline.--The term `renewable fuel pipeline' means a common carrier pipeline for transporting renewable fuel in accordance with this title.''. (b) Specific Appropriation or Contribution.--Section 1702(b) of the Energy Policy Act of 2005 (42 U.S.C. 16512(b)) is amended by striking ``No'' and inserting ``Except with respect to a project described in section 1703(f), no''. (c) Amount.--Section 1702(c) of the Energy Policy Act of 2005 (42 U.S.C. 16512(c)) is amended-- (1) by striking ``(c) Amount.--Unless'' and inserting the following: ``(c) Amount.-- ``(1) In general.--Unless''; and (2) by adding at the end the following: ``(2) Renewable fuel pipelines.--With respect to a project described in section 1703(f)-- ``(A) a guarantee by the Secretary shall not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of the guarantee, as estimated at the time at which the guarantee is issued; and ``(B) the Secretary may make more than 1 guarantee for the project, to the extent that the sum of all guarantees for the project does not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of the guarantees, as estimated any time after the original guarantee is issued.''. (d) Eligible Projects.--Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended by adding at the end the following: ``(f) Renewable Fuel Pipelines.-- ``(1) In general.--The Secretary may make guarantees under this title for projects to construct renewable fuel pipelines without regard to any limitation imposed by this section other than a limitation imposed by this subsection. ``(2) Guarantee determinations.--In determining whether to make a guarantee for a project described in paragraph (1), the Secretary shall consider the following: ``(A) The volume of renewable fuel to be moved by the renewable fuel pipeline. ``(B) The size of the markets to be served by the renewable fuel pipeline. ``(C) The existence of sufficient storage to facilitate access to the markets to be served by the renewable fuel pipeline. ``(D) The proximity of the renewable fuel pipeline to renewable fuel production facilities. ``(E) The investment in terminal infrastructure of the entity carrying out the proposed project to construct a renewable fuel pipeline. ``(F) The history and experience working with renewable fuel of the entity carrying out the proposed project to construct a renewable fuel pipeline. ``(G) The ability of the entity carrying out the proposed project to construct a renewable fuel pipeline to ensure and maintain the quality of the renewable fuel through the terminal system of the entity and through the dedicated pipeline system. ``(H) The ability of the entity carrying out the proposed project to construct a renewable fuel pipeline to complete such proposed project in a timely manner. ``(I) The ability of the entity carrying out the proposed project to construct a renewable fuel pipeline to secure property rights-of-way. ``(J) Other criteria the Secretary determines appropriate for consideration. ``(3) Loan guarantee for preliminary stage.-- ``(A) In general.--The Secretary-- ``(i) shall evaluate a project to assemble a renewable fuel pipeline under this title as a complete project; but ``(ii) as a result of the size and nature of the project, the Secretary may make a guarantee under this title for an initial loan to assemble the renewable fuel pipeline at a preliminary stage in the loan approval process for the complete project. ``(B) Amount.--The amount of a loan that is guaranteed at the preliminary stage of a renewable fuel pipeline project under this paragraph-- ``(i) shall not exceed 2 percent of the total amount of loan guarantees made for the complete project; and ``(ii) shall be incorporated into the total amount of loan guarantees made for the complete project. ``(C) Required information.--To be eligible to obtain a loan guarantee at the preliminary stage of a renewable fuel pipeline project under this paragraph, the applicant shall provide to the Secretary-- ``(i) a route description for the project, including a centerline map of the proposed pipeline route subject to field verification and right-of-way acquisition (with a margin of error of 10 miles); ``(ii) a construction cost estimate and schedule for completion of the project; ``(iii) an environmental review of the impact of the project on sensitive areas, including likely mitigation strategies and a plan for conducting the necessary environmental impact statements; and ``(iv) a business plan that includes-- ``(I) a market assessment; ``(II) an economic analysis; and ``(III) an analysis of any required pipeline connections to biorefineries, terminal locations, and other terminal connections. ``(D) Supporting information.--In making a loan guarantee at the preliminary stage of a renewable fuel pipeline project under this paragraph, the Secretary shall consider whether an applicant provides to the Secretary-- ``(i) a comprehensive project plan that includes a full work plan; ``(ii) a full engineering summary; ``(iii) a detailed assessment of the ability of the applicant to complete the project in a timely manner; ``(iv) a right of way acquisition plan; ``(v) appropriate environmental studies; and ``(vi) a plan for acquiring necessary permits. ``(4) Eminent domain.-- ``(A) In general.--Subject to subparagraph (B), the Secretary may provide to the owner of a renewable fuel pipeline under this title the same rights of eminent domain that the Federal Energy Regulatory Commission is authorized to provide to a natural gas company under section 7(h) of the Natural Gas Act (15 U.S.C. 717f(h)). ``(B) Certificate of public convenience and necessity.--An owner of a renewable fuel pipeline under this title shall not be required to hold a certificate of public convenience and necessity, or any comparable certificate, to exercise the rights of eminent domain under this title. ``(5) Renewable fuel pipeline ratemaking methodology.-- Consistent with the ratemaking methodology used for a natural gas company under the Natural Gas Act (15 U.S.C. 717 et seq.), the Federal Energy Regulatory Commission shall have jurisdiction over the ratemaking methodology used for renewable fuel transported by pipeline.''. (e) Authorization of Appropriations.--Section 1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end the following: ``(c) Authorization of Appropriations.--There is authorized to be appropriated such sums as are necessary to provide up to $5,000,000,000 in loan guarantees under this title for projects described in section 1703(f).''. (f) Temporary Program for Rapid Deployment of Renewable Energy and Electric Power Transmission Projects.--Section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the end the following: ``(4) Renewable fuel pipelines.''. SEC. 4. FINAL RULE. Not later than 90 days after the date of the enactment of this Act, the Secretary of Energy shall-- (1) publish in the Federal Register a final rule for carrying out a guarantee program for the construction of renewable fuel pipelines under title XVII of the Energy Policy Act of 2005 (22 U.S.C. 16511 et seq.) in accordance with the amendments made by this Act; or (2) modify rules and regulations applicable as of the date of enactment of this Act to the guarantee program under that title in accordance with the amendments made by this Act.", "summary": "Renewable Fuels Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel. Allows a maximum guarantee by the Secretary of Energy of 90% of the pipeline project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%). Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities. Authorizes the Secretary to evaluate a project to assemble a renewable fuel pipeline as a complete project and, as a result of the size and nature of the project, to make a guarantee for an initial loan at a preliminary stage in the loan approval process for the complete project."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``Health Care for Young Adults Act of 2005''. SEC. 2. PROVIDING STATE OPTION FOR SCHIP AND MEDICAID COVERAGE OF YOUNG ADULTS UP TO AGE 23. (a) In General.-- (1) Medicaid.--(A) Section 1902(l)(1)(D) of the Social Security Act (42 U.S.C. 1396a(l)(1)(D)) is amended by inserting ``(or, at the option of the State, who have not attained 20, 21, or 22 years of age, as the State may elect)'' after ``have not attained 19 years of age''. (B) Clause (i) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by striking ``under the age of 21, or, at the option of the State, under the age of 20, 19, or 18 as the State may choose'' and inserting ``under the age of 23, or, at the option of the State, under the age of 22, 21, 20, 19, or 18 as the State may elect''. (2) SCHIP.--Section 2110(c)(1) of such Act (42 U.S.C. 1397jj(c)(1)) is amended by inserting after ``19 years of age'' the following: ``(or, at the option of the State and subject to the availability of additional allotments under section 2104(d), 20, 21, 22, or 23 years of age)''. (b) Additional SCHIP Allotments for Providing Coverage of Optional Young Adults.-- (1) In general.--Section 2104 of such Act (42 U.S.C. 1397dd) is amended by inserting after subsection (c) the following: ``(d) Additional Allotments for the Provision of Coverage to Optional Young Adults.-- ``(1) Appropriation; total allotment.--For the purpose of providing additional allotments to States under this title, there is appropriated, out of any money in the Treasury not otherwise appropriated, for each of fiscal years 2006 through 2009, $500,000,000. ``(2) State and territorial allotments.--In addition to the allotments provided under subsections (b) and (c), subject to paragraph (3), of the amount available for the additional allotments under paragraph (1) for a fiscal year, the Secretary shall allot to each State with a State child health plan approved under this title-- ``(A) in the case of such a State other than a commonwealth or territory described in subparagraph (B), the same proportion as the proportion of the State's allotment under subsection (b) (determined without regard to subsection (f)) to the total amount of the allotments under subsection (b) for such States eligible for an allotment under this paragraph for such fiscal year; and ``(B) in the case of a commonwealth or territory described in subsection (c)(3), the same proportion as the proportion of the commonwealth's or territory's allotment under subsection (c) (determined without regard to subsection (f)) to the total amount of the allotments under subsection (c) for commonwealths and territories eligible for an allotment under this paragraph for such fiscal year. ``(3) Use of additional allotment.--Additional allotments provided under this subsection are not available for amounts expended before October 1, 2005. Such amounts are available for amounts expended on or after such date only for-- ``(A) expenditures described in section 1905(u)(4)(A); and ``(B) child health assistance for individuals who are targeted low-income children and over 18 years of age and who are low-income children only because of an election by the State under section 2110(c)(1).''. (2) Conforming amendments.--Section 2104 of such Act (42 U.S.C. 1397dd) is amended-- (A) in subsection (a), in the matter preceding paragraph (1), by inserting ``subject to subsection (d),'' after ``under this section,''; (B) in subsection (b)(1), by inserting ``and subsection (d)'' after ``Subject to paragraph (4)''; and (C) in subsection (c)(1), by inserting ``subject to subsection (d),'' after ``for a fiscal year,''. (c) Modification of Medicaid Caps for Territories.--Section 1108 of such Act (42 U.S.C. 1308) is amended-- (1) in subsection (f), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; and (2) by adding at the end the following new subsection: ``(h) The Secretary shall provide for such increase in the limitations under subsections (f) and (g) with respect to each of the territories as may be necessary for each such territory to provide for an expansion of medicaid coverage to young adults described in section 1902(l)(1)(D).''. (d) Effective Date.--The amendments made by this section apply to items and services furnished on or after October 1, 2005, without regard to whether regulations implementing such amendments have been promulgated. SEC. 3. GRANTS TO IMPLEMENT MEDICAID AND SCHIP EXPANSIONS. (a) In General.--The Secretary of Health and Human Services shall provide for grants to States (as defined for purposes of titles XIX and XXI of the Social Security Act) in order to enable such States to implement expansions of eligibility for children and young adults their State medicaid plans under title XIX of the Social Security Act and State child health plans under title XXI of such Act. Such grants shall be available for planning, implementation, and outreach with respect to such expanded eligibility populations. (b) Terms and Conditions.--Grants under this section shall be made available under such terms and conditions, including the approval of a grant application, as the Secretary shall specify. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to provide for grants under this section.", "summary": "Health Care for Young Adults Act of 2005 - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance Program) to permit states to provide Medicaid and SCHIP coverage of low-income youth up to age 23. Provides for additional SCHIP allotments for the provision of coverage to optional young adults. Amends SSA title XI to modify Medicaid caps for territories. Directs the Secretary of Health and Human Services to provide for grants to states in order to enable them to implement expansions of eligibility for children and young adults in their state Medicaid and state SCHIP plans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pet and Women Safety Act of 2017''. SEC. 2. PET INVOLVEMENT IN CRIMES RELATED TO DOMESTIC VIOLENCE AND STALKING. (a) Interstate Stalking.--Section 2261A of title 18, United States Code, is amended-- (1) in paragraph (1)(A)-- (A) in clause (ii), by striking ``or'' at the end; and (B) by inserting after clause (iii) the following: ``(iv) the pet of that person; or''; and (2) in paragraph (2)(A)-- (A) by inserting after ``to a person'' the following: ``or a pet''; and (B) by striking ``or (iii)'' and inserting ``(iii), or (iv)''. (b) Interstate Violation of Protection Order.--Section 2262 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting after ``another person'' the following: ``or the pet of that person''; and (B) in paragraph (2), by inserting after ``proximity to, another person'' the following ``or the pet of that person''; and (2) in subsection (b)(5), by inserting after ``in any other case,'' the following: ``including any case in which the offense is committed against a pet,''. (c) Restitution To Include Veterinary Services.--Section 2264 of title 18, United States Code, is amended in subsection (b)(3)-- (1) by redesignating subparagraph (F) as subparagraph (G); (2) in subparagraph (E), by striking ``and'' at the end; and (3) by inserting after subparagraph (E) the following: ``(F) veterinary services relating to physical care for the victim's pet; and''. (d) Pet Defined.--Section 2266 of title 18, United States Code, is amended by inserting after paragraph (10) the following: ``(11) Pet.--The term `pet' means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, horse, or other animal that is kept for pleasure rather than for commercial purposes.''. SEC. 3. EMERGENCY AND TRANSITIONAL PET SHELTER AND HOUSING ASSISTANCE GRANT PROGRAM. (a) In General.--The Secretary of Agriculture (hereinafter in this section referred to as the ``Secretary''), acting in consultation with the Office of the Violence Against Women of the Department of Justice, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services, shall award grants under this section to eligible entities to carry out programs to provide the assistance described in subsection (c) with respect to victims of domestic violence, dating violence, sexual assault, or stalking and the pets of such victims. (b) Application.-- (1) In general.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including-- (A) a description of the activities for which a grant under this section is sought; (B) such assurances as the Secretary determines to be necessary to ensure compliance by the entity with the requirements of this section; and (C) a certification that the entity, before engaging with any individual domestic violence victim, will disclose to the victim any mandatory duty of the entity to report instances of abuse and neglect (including instances of abuse and neglect of pets). (2) Additional requirements.--In addition to the requirements of paragraph (1), each application submitted by an eligible entity under that paragraph shall-- (A) not include proposals for any activities that may compromise the safety of a domestic violence victim, including-- (i) background checks of domestic violence victims; or (ii) clinical evaluations to determine the eligibility of such a victim for support services; (B) not include proposals that would require mandatory services for victims or that a victim obtain a protective order in order to receive proposed services; and (C) reflect the eligible entity's understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking. (3) Rules of construction.--Nothing in this subsection shall be construed to require-- (A) domestic violence victims to participate in the criminal justice system in order to receive services; or (B) eligible entities receiving a grant under this section to breach client confidentiality. (c) Use of Funds.--Grants awarded under this section may only be used for programs that provide-- (1) emergency and transitional shelter and housing assistance for domestic violence victims with pets, including assistance with respect to any construction or operating expenses of newly developed or existing emergency and transitional pet shelter and housing (regardless of whether such shelter and housing is co-located at a victim service provider or within the community); (2) short-term shelter and housing assistance for domestic violence victims with pets, including assistance with respect to expenses incurred for the temporary shelter, housing, boarding, or fostering of the pets of domestic violence victims and other expenses that are incidental to securing the safety of such a pet during the sheltering, housing, or relocation of such victims; (3) support services designed to enable a domestic violence victim who is fleeing a situation of domestic violence, dating violence, sexual assault, or stalking to-- (A) locate and secure-- (i) safe housing with the victim's pet; or (ii) safe accommodations for the victim's pet; or (B) provide the victim with pet-related services, such as pet transportation, pet care services, and other assistance; or (4) for the training of relevant stakeholders on-- (A) the link between domestic violence, dating violence, sexual assault, or stalking and the abuse and neglect of pets; (B) the needs of domestic violence victims; (C) best practices for providing support services to such victims; (D) best practices for providing such victims with referrals to victims' services; and (E) the importance of confidentiality. (d) Grant Conditions.--An eligible entity that receives a grant under this section shall, as a condition of such receipt, agree-- (1) to be bound by the nondisclosure of confidential information requirements of section 40002(b)(2) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(2)); and (2) that the entity shall not condition the receipt of support, housing, or other benefits provided pursuant to this section on the participation of domestic violence victims in any or all of the support services offered to such victims through a program carried out by the entity using grant funds. (e) Duration of Assistance Provided to Victims.-- (1) In general.--Subject to paragraph (2), assistance provided with respect to a pet of a domestic violence victim using grant funds awarded under this section shall be provided for a period of not more than 24 months. (2) Extension.--An eligible entity that receives a grant under this section may extend the 24-month period referred to in paragraph (1) for a period of not more than 6 months in the case of a domestic violence victim who-- (A) has made a good faith effort to acquire permanent housing for the victim's pet during that 24- month period; and (B) has been unable to acquire such permanent housing within that period. (f) Report to the Secretary.--Not later than 1 year after the date on which an eligible entity receives a grant under this section and each year thereafter, the entity shall submit to the Secretary a report that contains, with respect to assistance provided by the entity to domestic violence victims with pets using grant funds received under this section, information on-- (1) the number of domestic violence victims with pets provided such assistance; and (2) the purpose, amount, type of, and duration of such assistance. (g) Report to Congress.-- (1) Reporting requirement.--Not later than November 1 of each even-numbered fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains a compilation of the information contained in the reports submitted under subsection (f). (2) Availability of report.--The Secretary shall transmit a copy of the report submitted under paragraph (1) to-- (A) the Office on Violence Against Women of the Department of Justice; (B) the Office of Community Planning and Development of the Department of Housing and Urban Development; and (C) the Administration for Children and Families of the Department of Health and Human Services. (h) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2017 through 2021. (2) Limitation.--Of the amount made available under paragraph (1) in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, salaries, and administrative expenses. (i) Definitions.--In this section: (1) Domestic violence victim defined.--The term ``domestic violence victim'' means a victim of domestic violence, dating violence, sexual assault, or stalking. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) a unit of local government; (C) an Indian tribe; or (D) any other organization that has a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking (as determined by the Secretary), including-- (i) a domestic violence and sexual assault victim service provider; (ii) a domestic violence and sexual assault coalition; (iii) a community-based and culturally specific organization; (iv) any other nonprofit, nongovernmental organization; and (v) any organization that works directly with pets and collaborates with any organization referred to in clauses (i) through (iv), including-- (I) an animal shelter; and (II) an animal welfare organization. (3) Pet.--The term ``pet'' means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, horse, or other animal that is kept for pleasure rather than for commercial purposes. (4) Other terms.--Except as otherwise provided in this subsection, terms used in this section shall have the meaning given such terms in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)). SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that States should encourage the inclusion of protections against violent or threatening acts against the pet of a person in domestic violence protection orders.", "summary": "Pet and Women Safety Act of 2017 This bill amends the federal criminal code to broaden the definition of stalking to include conduct that causes a person to experience a reasonable fear of death or serious bodily injury to his or her pet. Additionally, an interstate violation of a protection order includes interstate travel with the intent to violate a protection order against a pet that is included within the scope of the protection order. The bill specifies the applicable criminal penalty—a prison term of up to five years, a fine, or both—for a person who commits an interstate violation of a protection order against a pet. With respect to a defendant who commits a domestic violence offense or an interstate violation of a protection order, mandatory restitution in the "full amount of victim's losses" includes costs incurred for veterinary services related to the pet. The bill directs the Department of Agriculture to award grants for shelter and housing assistance and support services for domestic violence victims with pets. Finally, it expresses the sense of Congress that states should include, in domestic violence protection orders, protections against violence or threats against a person's pet."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Environmental Education Pilot Program Act''. SEC. 2. FINDINGS. Congress finds that-- (1) increasing public environmental awareness and understanding through formal environmental education and meaningful bay or stream field experiences are vital parts of the effort to protect and restore the Chesapeake Bay ecosystem; (2) using the Chesapeake Bay watershed as an integrating context for learning can help-- (A) advance student learning skills; (B) improve academic achievement in core academic subjects; and (C)(i) encourage positive behavior of students in school; and (ii) encourage environmental stewardship in school and in the community; and (3) the Federal Government, acting through the Secretary of Education, should work with the Under Secretary for Oceans and Atmosphere, the Chesapeake Executive Council, State educational agencies, elementary schools and secondary schools, and nonprofit educational and environmental organizations to support development of curricula, teacher training, special projects, and other activities, to increase understanding of the Chesapeake Bay watershed and to improve awareness of environmental problems. SEC. 3. CHESAPEAKE BAY ENVIRONMENTAL EDUCATION AND TRAINING GRANT PILOT PROGRAM. Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--CHESAPEAKE BAY ENVIRONMENTAL EDUCATION AND TRAINING GRANT PILOT PROGRAM ``SEC. 4401. DEFINITIONS. ``In this part: ``(1) Bay watershed state.--The term `Bay Watershed State' means each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia, and the District of Columbia. ``(2) Chesapeake executive council.--The term `Chesapeake Executive Council' has the meaning given the term in section 307(d) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d(d)). ``(3) Eligible institution.--The term `eligible institution' means-- ``(A) a public elementary school or secondary school located in a Bay Watershed State; and ``(B) a nonprofit environmental or educational organization located in a Bay Watershed State. ``(4) Program.--The term `Program' means the Chesapeake Bay Environmental Education and Training Grant Pilot Program established under section 4402. ``SEC. 4402. CHESAPEAKE BAY ENVIRONMENTAL EDUCATION AND TRAINING GRANT PILOT PROGRAM. ``(a) In General.--The Secretary shall establish a grant program, to be known as the `Chesapeake Bay Environmental Education and Training Grant Pilot Program', to make grants to eligible institutions to pay the Federal share of the cost of developing, demonstrating, or disseminating information on practices, methods, or techniques relating to environmental education and training in the Chesapeake Bay watershed. ``(b) Federal Share.--The Federal share referred to in subsection (a) shall be 50 percent. ``(c) Administration.--The Secretary may offer to enter into a cooperative agreement or contract with the National Fish and Wildlife Foundation established by the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), the Under Secretary for Oceans and Atmosphere, a State educational agency, or a nonprofit organization that carries out environmental education and training programs, for administration of the Program. ``(d) Use of Funds.--An eligible institution that receives a grant under the Program shall use the funds made available through the grant to carry out a project consisting of-- ``(1) design, demonstration, or dissemination of environmental curricula, including development of educational tools or materials; ``(2) design or demonstration of field practices, methods, or techniques, including-- ``(A) assessments of environmental or ecological conditions; and ``(B) analyses of environmental pollution or other natural resource problems; ``(3) understanding and assessment of a specific environmental issue or a specific environmental problem; ``(4) provision of training or related education for teachers or other educational personnel, including provision of programs or curricula to meet the needs of students in various age groups or at various grade levels; ``(5) provision of an environmental education seminar, teleconference, or workshop for environmental education professionals or environmental education students, or provision of a computer network for such professionals and students; ``(6) provision of on-the-ground activities involving students and teachers, such as-- ``(A) riparian forest buffer restoration; and ``(B) volunteer water quality monitoring at schools; ``(7) provision of a Chesapeake Bay or stream outdoor educational experience; or ``(8) development of distance learning or other courses or workshops that are acceptable in all Bay Watershed States and apply throughout the Chesapeake Bay watershed. ``(e) Required Elements of Program.--In carrying out the Program, the Secretary shall-- ``(1) solicit applications for projects; ``(2) select suitable projects from among the projects proposed; ``(3) supervise projects; ``(4) evaluate the results of projects; and ``(5) disseminate information on the effectiveness and feasibility of the practices, methods, and techniques addressed by the projects. ``(f) Solicitation of Applications.--Not later than 90 days after the date on which amounts are first made available to carry out this part, and each year thereafter, the Secretary shall publish a notice of solicitation for applications for grants under the Program that specifies the information to be included in each application. ``(g) Applications.--To be eligible to receive a grant under the Program, an eligible institution shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. ``(h) Priority in Selection of Projects.--In making grants under the Program, the Secretary shall give priority to an applicant that proposes a project that will develop-- ``(1) a new or significantly improved environmental education practice, method, or technique, in multiple disciplines, or a program that assists appropriate entities and individuals in meeting Federal or State academic standards relating to environmental education; ``(2) an environmental education practice, method, or technique that may have wide application; and ``(3) an environmental education practice, method, or technique that addresses a skill or scientific field identified as a priority by the Chesapeake Executive Council. ``(i) Maximum Amount of Grants.--Under the Program, the maximum amount of a grant shall be $50,000. ``(j) Notification.--Not later than 3 days before making a grant under this part, the Secretary shall provide notification of the grant to the appropriate committees of Congress. ``(k) Regulations.--Not later than 1 year after the date of enactment of the Chesapeake Bay Environmental Education Pilot Program Act, the Secretary shall promulgate regulations concerning implementation of the Program. ``SEC. 4403. EVALUATION AND REPORT. ``(a) Evaluation.--Not later than December 31, 2009, the Secretary shall enter into a contract with an entity that is not the recipient of a grant under this part to conduct a detailed evaluation of the Program. In conducting the evaluation, the Secretary shall determine whether the quality of content, delivery, and outcome of the Program warrant continued support of the Program. ``(b) Report.--Not later than December 31, 2010, the Secretary shall submit a report to the appropriate committees of Congress containing the results of the evaluation. ``SEC. 4404. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this part $6,000,000 for each of fiscal years 2006 through 2009. ``(b) Administrative Expenses.--Of the amounts made available under subsection (a) for each fiscal year, not more than 10 percent may be used for administrative expenses.''.", "summary": "Chesapeake Bay Environmental Education Pilot Program Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to establish a Chesapeake Bay Environmental Education Grant Pilot Program of matching grants for developing, demonstrating, or disseminating information on practices, methods, or techniques relating to environmental education and training in the Chesapeake Bay watershed. Makes eligible for such grants public elementary or secondary schools and nonprofit environmental or educational organizations located in the District of Columbia, Delaware, Maryland, New York, Pennsylvania, Virginia, or West Virginia."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighters Pay Fairness Act of 1994''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) improve pay equality between Federal firefighters and municipal and other public sector firefighters; (2) enhance recruitment and retention of firefighters in order to maintain the highest quality Federal fire service; and (3) encourage Federal firefighters to pursue career advancement and training opportunities. SEC. 3. BIWEEKLY PAY PERIODS; COMPUTATION OF PAY. Section 5504 of title 5, United States Code, is amended-- (1) by amending subsection (a) to read as follows: ``(a) The pay period for an employee covers 2 administrative workweeks. For the purpose of this section, the term-- ``(1) `employee' means-- ``(A) an employee in or under an executive agency; ``(B) an employee in or under the judicial branch; ``(C) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under section 6101(a)(5); and ``(D) an individual employed by the government of the District of Columbia; but does not include an employee or individual excluded from the definition of an employee in section 5541(2) other than an employee or individual excluded by section 5541(2)(xvi); ``(2) `firefighter' has the same meaning as such term is defined under sections 8331 and 8401; and ``(3) `firefighting duties' means those duties usually performed by a firefighter in responding to or engaging in the control and extinguishment of a fire.''; (2) in subsection (b) in the first sentence by inserting ``(except as provided under subsection (c))'' after ``in the case of an employee''; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following subsection: ``(c)(1) For pay computation purposes affecting a firefighter, the annual rate of basic pay established by or under statute is deemed the annual basic pay to be used in calculating payment for employment during 26 administrative biweekly work periods of up to 106 hours each. When it is necessary for computation of pay under this subsection to convert an annual rate of basic pay to a basic hourly, daily, or biweekly rate, the following rules govern: ``(A) To derive an hourly rate, divide the annual rate by 2,087. ``(B) To derive a daily rate, multiply the hourly rate by the number of hours in the regularly scheduled daily tour of duty. ``(C) To derive a biweekly rate, multiply the hourly rate by the total number of hours not to exceed 106 hours, in the regularly scheduled tours of duty during the biweekly period. Rates are computed to the nearest cent, counting one-half and over as a whole cent. ``(2) Notwithstanding the provisions of paragraph (1), for pay computation purposes affecting an employee who is not a firefighter but who performs firefighting duties during a biweekly pay period, the biweekly pay for that period shall be the greater of pay calculated under-- ``(A) subsection (b) of this section and sections 5542(a), 5545, and 5546, using the employee's annual rate of basic pay; or ``(B) paragraph (1) and section 5542(d), using the employee's annual rate of basic pay. Rates are computed to the nearest cent, counting one-half and over as a whole cent.''. SEC. 4. OVERTIME. (a) Application of Fair Labor Standards Act of 1938.--Section 5542(c) of title 5, United States Code, is amended to read as follows: ``(c) Subsection (a) shall not apply to an employee who is subject to the overtime provisions of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207). In the case of a firefighter subject to the provisions of section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)), overtime shall be determined in accordance with the provisions of subsection (d). In the case of all other employees who would, were it not for the preceding sentences, be subject to the provisions of subsection (a), the Office of Personnel Management shall by regulation prescribe what hours shall be deemed to be hours of work and what hours of work shall be deemed to be overtime hours for the purpose of such section 7 so as to ensure than no employee receives less pay by reason of the preceding sentence.''. (b) Application to Firefighters.--Section 5542 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: ``(d) Firefighters who are subject to the provisions of section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)), for full-time, part-time, and intermittent tours of duty, hours ordered or approved which in the aggregate exceed 106 hours in a biweekly period, shall be compensated at one and one-half times the hourly rate of basic pay of such employee as determined under subsection (b)(2). Payments calculated under this subsection for hours in excess of 106 in the regularly scheduled biweekly tour of duty shall be considered to be part of basic pay for purposes of retirement under chapter 83 or 84, as applicable, life insurance under chapter 87, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe.''. (c) Limitation on Payment of Other Premium Pay.--Section 5545(c) of title 5, United States Code, is amended by adding a new sentence at the end thereof to read as follows: ``Paragraphs (1) and (2) of this subsection shall not be applicable to employees who are subject to the provisions of section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)) and the overtime calculations provided for under subsection (d).''. SEC. 5. MINIMUM PAY RATE FOR FIREFIGHTER PROMOTED TO SUPERVISORY POSITION. (a) In General.--Chapter 53 of title 5, United States Code, is amended-- (1) by redesignating section 5385 as section 5386; and (2) by inserting after section 5384 the following new section: ``Sec. 5385. Minimum pay rate for firefighter promoted to supervisory position ``(a) For purposes of this section, the term-- ``(1) `agency' has the meaning as such term is defined under section 5102(1); ``(2) `employee' has the meaning as such term is defined under section 5102(2); and ``(3) `firefighter' has the meaning as such term is defined under sections 8331 and 8401. ``(b)(1) The position to which an employee described under paragraph (2) is promoted shall be paid at a basic rate of pay equal to or greater than the annual aggregate rate of pay based on basic pay and regularly scheduled overtime pay received by such employee in the calendar year immediately preceding the promotion. ``(2) Paragraph (1) applies to an employee who-- ``(A) is in a position as a firefighter; ``(B) is promoted to a supervisory position as a firefighter; and ``(C) after such promotion, is not subject to the provisions of section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)).''. (b) Technical and Conforming Amendments.--The table of sections for chapter 53 of title 5, United States Code, is amended by striking out the item relating to section 5385 and inserting in lieu thereof the following: ``5385. Minimum pay rate for firefighter promoted to supervisory position. ``5386. Regulations.''. SEC. 6. TRAINING. Section 4109 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: ``(d) Notwithstanding subsection (a)(1), a firefighter, as defined under sections 8331 and 8401, who is selected and assigned for training under this chapter, shall be paid during the period of training at the rate of basic pay of such employee and overtime which is normally paid for the regularly scheduled tour of duty of such employee.''. SEC. 7. TECHNICIAN BONUSES. (a) In General.--Chapter 45 of title 5, United States Code, is amended by adding at the end thereof the following new subchapter: ``SUBCHAPTER IV--AWARD TO FIREFIGHTERS FOR SPECIAL SKILLS AND CERTIFICATIONS ``Sec. 4531. Definitions ``For the purpose of this subchapter, the term-- ``(1) `firefighter' has the same meaning as such term is defined under sections 8331 and 8401; and ``(2) `firefighting duties' means those duties usually performed by a firefighter in responding to or engaging in the control and extinguishment of a fire. ``Sec. 4532. Award authority ``(a) An agency may pay a cash award of up to 5 percent of basic pay, to a firefighter or other employee who performs firefighting duties, employed in or under such agency who possesses and makes substantial use of special skills or certifications, including handling hazardous materials or certification as an emergency medical technician. ``(b) Awards under this section shall be paid under regulations prescribed by the head of the agency involved or pursuant to negotiations as the case may be. Such regulations or collective bargaining provisions shall include-- ``(1) procedures under which such special skills or certifications shall be ascertained; ``(2) criteria for determining the amount paid to individuals for recognition under this section; and ``(3) any other provisions which may be necessary to carry out the purposes of this subchapter.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 45 of title 5, United States Code, is amended by adding at the end thereof the following: ``SUBCHAPTER IV--AWARD TO FIREFIGHTERS FOR SPECIAL SKILLS AND CERTIFICATIONS ``4531. Definitions. ``4532. Award authority.''. SEC. 8. EFFECTIVE DATES. The provisions of this Act shall become effective as follows: (1) Sections 3, 4, and 5 shall be effective beginning with the applicable first pay period which begins on or after 60 days after the date of the enactment of this Act. (2) Section 6 shall take effective 60 days after the date of the enactment of this Act. (3) Section 7 shall take effect on October 1, 1994.", "summary": "Firefighters Pay Fairness Act of 1994 - Amends Federal law to extend existing biweekly pay period and pay computation requirements to Federal fire fighters and employees of the judicial branch. Repeals the current exception from such requirements of employees on the Isthmus of Panama in the service of the Panama Canal Commission. States that, for fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Specifies limits on the payment of other premium pay to such fire fighters. Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position; and (2) selected and assigned for training. Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who possess and make substantial use of special skills or certifications, including handling hazardous materials or certification as an emergency medical technician."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Fairness and Interstate Responsibility Act'' or ``Net FAIR Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) By exercising its authority under article I, section 8, clause 3 of the United States Constitution, Congress may best achieve a consistent and coherent national policy regarding regulation and taxation of Internet activity and the concomitant uniformity, simplicity, and fairness that is needed to avoid burdening this evolving form of interstate and foreign commerce. (2) Because the Federal Government and State and local governments will have numerous reasons to interact over the Internet with the individuals and companies that use it, a lexicon of terms relating to the Internet and its use is vital. (3) A limited number of States have already adopted by law or regulation various forms of taxes that apply to commercial activity that are unique to the Internet or to providers of Internet services. (4) There are approximately 30,000 separate taxing jurisdictions in the United States, thus presenting the potential for an enormous variety of taxes and tax rates on Internet activity. (5) The unique character of the Internet transcends physical and political boundaries and permits commercial and intellectual communications to move from city to city, State to State, and nation to nation without any set path in a manner that is virtually unparalleled in history. (6) The Internet is a global network that offers the potential for entrepreneurial individuals and small businesses throughout the United States to reach customers and markets throughout the world with their products and services. (7) The United States must create an example for the rest of the world by preventing discriminatory taxation on Internet activities so that the United States can persuade our trading partners to resist the temptation to tax such activities and thereby limit the potential growth of such activities. (8) The innovation and creativity that has helped computer technology evolve into the present-day Internet has thrived in a tax-free environment and should be granted protection from local, State, and Federal taxation in order to permit this new medium to reach its fullest potential. (9) The President should seek bilateral and multilateral agreements through the World Trade Organization, the Organization for Economic Cooperation and Development, the Asia Pacific Economic Cooperation Council, and other appropriate international organizations and fora to establish that commercial transactions using the Internet are free from tariff and discriminatory taxation. SEC. 3. MORATORIUM ON IMPOSITION OF TAXES ON INTERNET AND INTERNET- RELATED COMPUTER SERVICES. (a) Moratorium.--Except as otherwise provided in this section, no State or political subdivision thereof may impose, assess, or attempt to collect a tax directly or indirectly on-- (1) the Internet or Internet-related services; or (2) the use of the Internet or Internet-related services. (b) Preservation of State and Local Taxing Authority.--Subsection (a)-- (1) does not apply to taxes imposed on or measured by net income derived from the Internet or Internet-related services if such taxes are applied uniformly to all businesses; (2) does not apply to fairly apportioned business license taxes applied to businesses having a business location in the taxing jurisdiction if such taxes are applied uniformly to all businesses; (3) does not affect the authority of a State or political subdivision to impose a sales or use tax on sales or other transactions effected by use of the Internet or Internet-related services if-- (A) the tax is the same as the tax generally imposed and collected by that State or political subdivision thereof on sales or transactions effected by mail order, telephone, or other remote means within its taxing jurisdiction; and (B) the obligation to collect the tax from sales or other transactions effected by use of the Internet or Internet-related services is imposed on the same person or entity as in the case of sales or transactions affected by mail order, telephone, or other remote means; and (4) does not apply to taxes on real or personal property used in connection with the providing of Internet or Internet- related services if such taxes are applied to all businesses using real or personal property in connection with their businesses. (c) Termination.--The moratorium set forth under subsection (a) shall terminate on December 31, 2001. SEC. 4. COMMISSION ON INTERNET TAXATION AND REGULATION. (a) Establishment.-- (1) In general.--There is established a commission to be known as the Commission on Internet Taxation and Regulation (hereafter in this section referred to as the ``Commission''). (2) Membership.--The Commission shall be composed of 15 members of whom-- (A) one shall be the Secretary of Commerce; (B) one shall be the Secretary of State; (C) one shall be the Secretary of the Treasury; and (D) twelve shall be appointed by the President without regard to political affiliation, of whom-- (i) three shall be the chief executive officer of a State (including at least one who is the chief executive officer of a State that does not impose a sales tax); (ii) three shall be the chief executive officer of a political subdivision of a State (including at least one who is the chief executive officer of a political subdivision that does not impose a sales tax); (iii) three shall be individuals employed by or affiliated with companies engaged in computer manufacturing activities, software activities, or activities relating to the Internet or the provision of Internet-related services; and (iv) three shall be individuals employed by or affiliated with companies engaged in electronic commerce (including at least one who is employed by or affiliated with a company engaged in mail order commerce). (3) Period of appointment; vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Chairman and vice chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. (5) Meetings.--The Commission shall meet at the call of the Chairman. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (b) Duties.-- (1) In general.--The Commission shall have as its duties the following: (A) To conduct a thorough study of taxation and regulation of the Internet and Internet-related services under State and local law and identify any inconsistencies in such taxation or regulation. (B) To consider the effect of current Federal statutes and regulations on the Internet and Internet- related services and recommend appropriate modifications of such statutes and regulations. (C) To propose model legislation (a so-called ``Uniform Internet Commercial Code'') relating to commercial transactions on the Internet and to Internet-related services in order to facilitate uniform treatment of such transactions and such services under Federal law and State law. (2) Model legislation.--The model legislation under paragraph (1)(C) shall-- (A) provide terminology applicable to commercial transactions on the Internet and to Internet-related services; (B) define the transactions, services, and other activities covered by the legislation; and (C) establish regulatory structures and mechanisms applicable to such transactions, services, and other activities. (3) Adoption of positions.--The Commission may not adopt a position with respect to a matter under this subsection unless the position is approved by at least 10 members of the Commission. (c) Report.--Not later than December 31, 2000, the Commission shall submit to Congress and the President a report on its activities under this section. The report shall-- (1) set forth the findings of the Commission under subsection (b)(1)(A); (2) set forth any findings of the Commission under subsection (b)(1)(B), including any recommendations relating to such findings; (3) set forth the model legislation proposed under subsection (b)(1)(C); and (4) include any additional findings and recommendations that the Commission considers appropriate. (d) Powers of Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this section. (2) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Termination.--The Commission shall terminate 90 days after the date on which the Commission submits its report under subsection (c). SEC. 5. DEFINITIONS. In this Act: (1) Internet.--The term ``Internet'' means the computer facilities and telecommunications facilities, and related equipment and software, comprising the interconnected world- wide network of computer networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocol, to transmit information by wire or radio. (2) Internet-related services.--The term ``Internet-related services'' includes the following: (A) Internet access services, including the storage, processing, and transmission of information that enables an individual to make use of the resources found via the Internet. (B) Online services, including the information, information processing, electronic commerce, and other services available to an individual as part of a package of services that are combined with Internet access service and offered to the user for a single price. (3) Tax.--The term ``tax'' includes any tax, license, or fee that is imposed by any governmental entity, and includes the imposition on the seller of an obligation to collect and remit a tax imposed on the buyer.", "summary": "Internet Fairness and Interstate Responsibility Act or Net FAIR Act - Prohibits a State or political subdivision thereof from imposing, assessing, or attempting to collect any tax on the Internet or Internet-related services or on their use. Preserves State and local taxing authority with respect to income, license, and sales or use taxes. Terminates such prohibition on December 31, 2001. Establishes the Commission on Internet Taxation and Regulation to: (1) study the taxation and regulation of the Internet and Internet-related services under State and local law and identify any inconsistencies; (2) recommend appropriate modification to current Federal and State statutes concerning such services; (3) propose model legislation relating to commercial transactions on the Internet in order to facilitate their uniform treatment under Federal and State law; and (4) report to the Congress and the President."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Colorado River Multi-Species Conservation Program Act''. SEC. 2. DEFINITIONS. In this Act: (1) Lower colorado river multi-species conservation program.--The term ``Lower Colorado River Multi-Species Conservation Program'' or ``LCR MSCP'' means the cooperative effort on the Lower Colorado River between Federal and non- Federal entities in Arizona, California, and Nevada approved by the Secretary of the Interior on April 2, 2005. (2) Lower colorado river.--The term ``Lower Colorado River'' means the Colorado River from Lake Mead to the Southerly International Boundary with Mexico, including its historic floodplain and its mainstem reservoirs to their full pool elevations. (3) Program documents.--The term ``Program Documents'' means the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact Statement/Environmental Impact Report, Funding and Management Agreement, Implementing Agreement, and Section 10(a)(1)(B) Permit issued and, as applicable, executed in connection with the LCR MSCP. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means each of the States of Arizona, California, and Nevada. (6) Steering committee.--The term ``Steering Committee'' means the LCR MSCP steering committee established pursuant to the Program Documents. SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING. (a) Implementation.--The Secretary shall manage and implement the LCR MSCP in accordance with the Program Documents. (b) Water Accounting.--The Secretary is authorized and directed to enter into an agreement with the States providing for the use of water from the Lower Colorado River for habitat creation and maintenance in accordance with the Program Documents. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary such sums as may be necessary to meet the obligations of the Secretary under the Program Documents, to remain available until expended. (b) Investments.--The Secretary is authorized to invest with the Secretary of the Treasury such portions of appropriations, and any non- Federal contributions made pursuant to the Program Documents, as are not, in the judgment of the Secretary, required to meet current expenditures. Such investments shall be made only in interest-bearing obligations of the United States. Funds invested under this subsection and interest on those funds shall be available to the Secretary to meet the obligations of the Secretary under the Program Documents. (c) Non-Reimbursable and Non-Returnable.--All amounts appropriated to and expended by the Secretary for the LCR MSCP shall be non- reimbursable and non-returnable. SEC. 5. APPLICABLE LAW, CONTINUITY OF PROGRAM, ENFORCEABILITY OF PROGRAM DOCUMENTS. (a) In General.--Nothing in this Act shall impair any right to the delivery or beneficial consumptive use of Colorado River water under any compact, treaty, law, decree, or contract in effect on the date of enactment of this Act. (b) Continuity of Program Documents.--No future act of Congress relating to Public Law 93-205 (16 U.S.C. 1531 et seq.) shall have the effect of modifying the Program Documents unless expressly made applicable to the LCR MSCP. (c) Enforceability of Program Documents.--Any party to any agreement entered into with the United States or any agency thereof pursuant to the LCR MSCP may commence a civil action in United States district court to enforce the agreement or to declare the rights and obligations of the parties under the Program Documents. The district court shall have jurisdiction of such actions and may issue such orders, judgments, and decrees as are consistent with the court's exercise of jurisdiction under this section. The United States or any agency thereof may be named as a defendant in such actions. The sovereign immunity of the United States is waived for purposes of actions commenced pursuant to this section. Nothing in this section waives the sovereign immunity of the United States to claims for money damages, monetary compensation, the provision of indemnity, or any claim seeking money from the United States. Any suit pursuant to this section may be brought in any United States district court in the State in which any non-Federal party to the suit is situated. (d) Applicable Law.--Nothing in this Act affects the enforceability of the requirement that the Program Documents comply with existing law as of April 2, 2005, except that the Steering Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).", "summary": "Lower Colorado River Multi-Species Conservation Program Act - Directs the Secretary of the Interior to manage and implement the Lower Colorado River Multi-Species Conservation Program, and to enter into an agreement with Arizona, California, and Nevada providing for the use of water from the Lower Colorado River for habitat creation and maintenance, in accordance with the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact Statement/Environmental Impact Report, Funding and Management Agreement, Implementing Agreement (Agreement). Permits any party to an agreement entered into with the United States pursuant to the Program to commence a civil action in U.S. district court to enforce the agreement or to declare the rights and obligations of the parties under the program documents. Grants the district court jurisdiction over any such action."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Mountain Nation Park Wilderness Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. The Congress finds that-- (1) it is in the national interest to include certain lands in Rocky Mountain National Park within the National Wilderness Preservation System so as to protect those lands' enduring scenic and historic wilderness character and unique wildlife and to preserve the lands' scientific, educational, recreational, and inspirational resources and challenges; (2) to fulfill the purposes of the wilderness designation of those lands, as expressed in this Act and the Wilderness Act of 1964 (16 U.S.C. 1131 et seq.), it is necessary for the United States to have rights to water within Rocky Mountain National Park; and (3) the existing rights of the United States to water within Rocky Mountain Park for national park purposes, which are being adjudicated in the courts of the State of Colorado, may be sufficient to fulfill the purposes of the wilderness designation of those lands. SEC. 3. WILDERNESS DESIGNATION AND MAPS. (a) Designation.--(1) In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain lands in Rocky Mountain National Park, Colorado, which comprise approximately 240,700 acres, as generally depicted on a man entitled ``Rocky Mountain National Park Wilderness--Proposed'' and dated April 1996, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System, and, together with the lands referred to in paragraph (2), shall be known as the Rocky Mountain National Park Wilderness. (2) Those lands within the Indian Peaks Wilderness (as designated by Public Law 94-450 (92 Stat. 1099)) that were transferred to Rocky Mountain National Park by section 111(a) of Public Law 96-580 (94 Stat. 3272), which comprise approximately 2,917 acres, shall be included in, and administered as part of, the Rocky Mountain National Park Wilderness designated by paragraph (1). (b) Map and Description.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall file a map and a boundary description of the area designated as wilderness by this section with the Committee on Natural Resources of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate. That map and description shall have the same force and effect and if included in this Act, except that the Secretary is authorized to correct clerical and typographical errors in such map and description. That map and boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) In General.--Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary of the Interior in accordance with the Wilderness Act and this Act, except that, with respect to the wilderness area designated by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (b) Reserved Water Rights.--(1) Within the area designated as wilderness by section 3(a)(1), there is hereby reserved a quantity of water sufficient to fulfill the purposes of that wilderness designation. (2) The priority date of the water rights reserved in paragraph (1) shall be the date of enactment of this Act. (3) The Secretary of the Interior and other appropriate officers of the United States shall take all steps necessary to protect the rights reserved by paragraph (1), including the filing by the Secretary of a claim for the quantification of such right in any present or future appropriate stream adjudication in the courts of the State of Colorado in which the United States has been or is hereafter properly joined in accordance with section 208 of the Act of July 10, 1952 (43 U.S.C. 666), commonly referred to as the ``McCarran Amendment''. (4) The water rights reserved by paragraph (1) shall be in addition to any water rights which may have been previously reserved or appropriated by the United States in the State of Colorado before the date of enactment of this Act. (5) In the case of any lands designated as wilderness by section 3(a)(1) for which the United States has reserved rights for national park purposes to all the water within those lands that was unappropriated at the time those lands were included in Rocky Mountain National Park, those existing rights shall be deemed sufficient to fulfill the purposes of the wilderness designation of those lands made by section 3(a)(1). (c) Colorado-Big Thompson Project.--This Act shall not be construed to prevent or impede activities under the surface of lands designated as wilderness by this Act to operate, maintain, repair, or replace the Alva B. Adams Tunnel of the Colorado-Big Thompson Project. (2) Section 1 of the Act of January 26, 1915 (16 U.S.C. 191; 38 Stat. 798), is amended by striking the last sentence", "summary": "Rocky Mountain National Park Wilderness Act of 1997 - Designates certain lands in Rocky Mountain National Park, Colorado, as components of the National Wilderness Preservation System which, together with specified lands within the Indian Peaks Wilderness, shall be known as the Rocky Mountain National Park Wilderness. Reserves water rights in such area sufficient for purposes of the wilderness designation. Provides that this Act shall not be construed to prevent or impede activities under the surface of lands designated as wilderness by this Act to operate, maintain, repair, or replace the Alva B. Adams Tunnel of the Colorado-Big Thompson Project. Repeals provisions authorizing the Bureau of Reclamation to enter and utilize for flowage or other purposes areas within the Park which may be necessary for the development and maintenance of a Government reclamation project."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Assessing Progress in Haiti Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On January 12, 2010, a massive earthquake struck near the Haitian capital city of Port-au-Prince, leaving an estimated 220,000 people dead, including 103 United States citizens, 101 United Nations personnel, and nearly 18 percent of the nation's civil service, as well as 300,000 injured, 115,000 homes destroyed, and 1,500,000 people displaced. (2) According to the Post Disaster Needs Assessment conducted by the Government of Haiti, with technical assistance from the United Nations, the World Bank, the Inter-American Development Bank, the Economic Commission for Latin America and the Caribbean, and the European Commission, an estimated 15 percent of the population was directly affected by the disaster and related damages and economic losses totaled $7,804,000,000. (3) Even before the earthquake, Haiti had some of the lowest socioeconomic indicators and the second highest rate of income disparity in the world, conditions that have further complicated post-earthquake recovery efforts and, according to the World Bank, have significantly reduced the prospects of addressing poverty reduction through economic growth. (4) According to the World Food Programme, more than 6,700,000 people in Haiti (out of a population of about 10,000,000) are considered food insecure. (5) In October 2010, an unprecedented outbreak of cholera in Haiti resulted in over 500,000 reported cases and over 8,000 deaths to date, further straining the capacity of Haiti's public health sector and increasing the urgency of resettlement and water, sanitation, and hygiene (WASH) efforts. (6) The international community, led by the United States and the United Nations, mounted an unprecedented humanitarian response in Haiti, with donors pledging approximately $10,400,000,000 for humanitarian relief and recovery efforts, including debt relief, supplemented by $3,100,000,000 in private charitable contributions, of which approximately $6,400,000,000 has been disbursed and an additional $3,800,000,000 has been committed as of September 30, 2013. (7) The emergency response of the men and women of the United States Government, led by the United States Agency for International Development (USAID) and the United States Southern Command, as well as of cities, towns, individuals, businesses, and philanthropic organizations across the United States, was particularly swift and resolute. (8) Since 2010, a total of $1,300,000,000 in United States assistance has been allocated for humanitarian relief and $2,300,000,000 has been allocated for recovery, reconstruction, and development assistance in Haiti, including $1,140,000,000 in emergency appropriations and $95,000,000 that has been obligated specifically to respond to the cholera epidemic. (9) Of the $3,600,000,000 in United States assistance allocated for Haiti, $651,000,000 was apportioned to USAID to support an ambitious recovery plan, including the construction of a power plant to provide electricity for the new Caracol Industrial Park (CIP) in northern Haiti, a new port near the CIP, and permanent housing in new settlements in the Port-au-Prince, St-Marc, and Cap- Haitien areas. (10) According to a recent report of the Government Accountability Office, as of June 30, 2013, USAID had disbursed 31 percent of its reconstruction funds in Haiti, the port project was 2 years behind schedule and USAID funding will be insufficient to cover a majority of the projected costs, the housing project has been reduced by 80 percent, and the sustainability of the power plant, the port, and the housing projects were all at risk. (11) GAO further found that Congress has not been provided with sufficient information to ensure that it is able to conduct effective oversight at a time when most funding remains to be disbursed, and specifically recommends that a periodic reporting mechanism be instituted to fill this information gap. (12) Donors have encountered significant challenges in implementing recovery programs, and nearly 4 years after the earthquake, an estimated 171,974 people remain displaced in camps, unemployment remains high, corruption is rampant, land rights remain elusive, allegations of wage violations are widespread, the business climate is unfavorable, and government capacity remains weak. (13) For Haiti to achieve stability and long term economic growth, donor assistance will have to be carefully coordinated with a commitment by the Government of Haiti to transparency, a market economy, rule of law, and democracy. (14) The legal environment in Haiti remains a challenge to achieving the goals supported by the international community. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to support the sustainable rebuilding and development of Haiti in a manner that-- (1) promotes efforts that are led by and support the people and Government of Haiti at all levels so that Haitians lead the course of reconstruction and development of Haiti; (2) builds the long term capacity of the Government of Haiti and civil society in Haiti; (3) reflects the priorities and particular needs of both women and men so they may participate equally and to their maximum capacity; (4) respects and helps restore Haiti's natural resources, as well as builds community-level resilience to environmental and weather-related impacts; (5) provides timely and comprehensive reporting on goals and progress, as well as transparent post program evaluations and contracting data; (6) prioritizes the local procurement of goods and services in Haiti where appropriate; and (7) promotes the holding of free, fair, and timely elections in accordance with democratic principles and the Haitian Constitution. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding United States assistance, including assistance to Haiti. SEC. 5. REPORT. (a) In General.--Not later than December 31, 2014, and annually thereafter through December 31, 2017, the Secretary of State shall submit to Congress a report on the status of post-earthquake recovery and development efforts in Haiti. (b) Contents.--The report required by subsection (a) shall include-- (1) a summary of ``Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity'', including any significant changes to the strategy over the reporting period and an explanation thereof; (2) a breakdown of the work that the United States Government agencies other than USAID and the Department of State are conducting in the Haiti recovery effort, and the cost of that assistance; (3) an assessment of the progress of United States efforts to advance the objectives of the ``Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity'' produced by the Department of State, compared to what remains to be achieved to meet specific goals, including-- (A) a description of any significant changes to the Strategy over the reporting period and an explanation thereof; (B) an assessment of progress, or lack thereof, over the reporting period toward meeting the goals and objectives, benchmarks, and timeframes specified in the Strategy, including-- (i) a description of progress toward designing and implementing a coordinated and sustainable housing reconstruction strategy that addresses land ownership, secure land tenure, water and sanitation, and the unique concerns of vulnerable populations such as women and children, as well as neighborhood and community revitalization, housing finance, and capacity building for the Government of Haiti to implement an effective housing policy; (ii) a description of United States Government efforts to construct and sustain the proposed port, as well as an assessment of the current projected timeline and cost for completion; and (iii) a description of United States Government efforts to attract and leverage the investments of private sector partners to the CIP, including by addressing any policy impediments; (C) a description of the quantitative and qualitative indicators used to evaluate the progress toward meeting the goals and objectives, benchmarks, and timeframes specified in the Strategy at the program level; (D) the amounts committed, obligated, and expended on programs and activities to implement the Strategy, by sector and by implementing partner at the prime and subprime levels (in amounts of not less than $25,000); and (E) a description of the risk mitigation measures put in place to limit the exposure of United States assistance provided under the Strategy to waste, fraud, and abuse; (4) a description of measures taken to strengthen, and United States Government efforts to improve, Haitian governmental and nongovernmental organizational capacity to undertake and sustain United States-supported recovery programs; (5) as appropriate, a description of United States efforts to consult and engage with Government of Haiti ministries and local authorities on the establishment of goals and timeframes, and on the design and implementation of new programs under the Post- Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity; (6) a description of efforts by Haiti's legislative and executive branches to consult and engage with Haitian civil society and grassroots organizations on the establishment of goals and timeframes, and on the design and implementation of new donor- financed programs, as well as efforts to coordinate with and engage the Haitian diaspora; (7) consistent with the Government of Haiti's ratification of the United Nations Convention Against Corruption, a description of efforts of the Governments of the United States and Haiti to strengthen Government of Haiti institutions established to address corruption, as well as related efforts to promote public accountability, meet public outreach and disclosure obligations, and support civil society participation in anti-corruption efforts; (8) a description of efforts to leverage public-private partnerships and increase the involvement of the private sector in Haiti in recovery and development activities and coordinate programs with the private sector and other donors; (9) a description of efforts to address the particular needs of vulnerable populations, including internally displaced persons, women, children, orphans, and persons with disabilities, in the design and implementation of new programs and infrastructure; (10) a description of the impact that agriculture and infrastructure programs are having on the food security, livelihoods, and land tenure security of smallholder farmers, particularly women; (11) a description of mechanisms for communicating the progress of recovery and development efforts to the people of Haiti, including a description of efforts to provide documentation, reporting and procurement information in Haitian Creole; (12) a description of the steps the Government of Haiti is taking to strengthen its capacity to receive individuals who are removed, excluded, or deported from the United States; and (13) an assessment of actions necessary to be taken by the Government of Haiti to assist in fulfilling the objectives of the Strategy. SEC. 6. STRATEGY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Western Hemisphere Affairs, shall coordinate and transmit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a three-year Haiti strategy based on rigorous assessments that-- (1) identifies and addresses constraints to sustainable, broad- based economic growth and to the consolidation of responsive, democratic government institutions; (2) includes an action plan that outlines policy tools, technical assistance, and anticipated resources for addressing the highest-priority constraints to economic growth and the consolidation of democracy, as well as a specific description of mechanisms for monitoring and evaluating progress; and (3) identifies specific steps and verifiable benchmarks appropriate to provide direct bilateral assistance to the Government of Haiti. (b) Elements.--The strategy required under subsection (a) should address the following elements: (1) A plan to engage the Government of Haiti on shared priorities to build long-term capacity, including the development of a professional civil service, to assume increasing responsibility for governance and budgetary sustainment of governmental institutions. (2) A plan to assist the Government of Haiti in holding free, fair and timely elections in accordance with democratic principles. (3) Specific goals for future United States support for efforts to build the capacity of the Government of Haiti, including to- (A) reduce corruption; (B) consolidate the rule of law and an independent judiciary; (C) strengthen the civilian police force; (D) develop sustainable housing, including ensuring appropriate titling and land ownership rights; (E) expand port capacity to support economic growth; (F) attract and leverage the investments of private sector partners, including to the Caracol Industrial Park; (G) promote large and small scale agricultural development in a manner that reduces food insecurity and contributes to economic growth; (H) improve access to potable water, expand public sanitation services, reduce the spread of infectious diseases, and address public health crises; (I) restore the natural resources of Haiti, including enhancing reforestation efforts throughout the country; and (J) gain access to safe, secure, and affordable supplies of energy in order to strengthen economic growth and energy security. (c) Consultation.--In devising the strategy required under subsection (a), the Secretary should-- (1) coordinate with all United States Government departments and agencies carrying out work in Haiti; (2) consult with the Government of Haiti, including the National Assembly of Haiti, and representatives of private and nongovernmental sectors in Haiti; and (3) consult with relevant multilateral organizations, multilateral development banks, private sector institutions, nongovernmental organizations, and foreign governments present in Haiti. (d) Briefings.--The Secretary of State, at the request of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, shall provide a quarterly briefing that reviews progress of the implementation of the strategy required under subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was reported to the Senate on June 26, 2014. Assessing Progress in Haiti Act of 2014 - Expresses the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding U.S. assistance, including assistance to Haiti. Directs the Secretary of State to report to Congress annually through December 31, 2017, on the status of post-earthquake recovery and development efforts in Haiti. Directs the Secretary, through the Assistant Secretary of State for Western Hemisphere Affairs, to coordinate and transmit to Congress a three-year Haiti strategy that: (1) identifies constraints to economic growth and to consolidation of democratic government institutions; (2) includes an action plan that outlines policy tools, technical assistance, and resources for addressing the highest-priority constraints; and (3) identifies specific steps and benchmarks to provide direct bilateral assistance to the government of Haiti."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Intelligence Education and Training Act''. SEC. 2. ACADEMY FOR LAW ENFORCEMENT INTELLIGENCE. (a) Academy Required.--(1) The Attorney General shall maintain an academy, to be known as the Academy for Law Enforcement Intelligence, for the training of Federal, State, and local law enforcement officers and analysts in the analysis, dissemination, and management of intelligence. (2) The Attorney General shall carry out paragraph (1) in consultation with the Secretary of Homeland Security, the Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, the Secretary of Defense, and the Director of Central Intelligence. (b) Curriculum.--The curriculum of the Academy shall include-- (1) basic, intermediate, and advanced training in the collection, analysis, and dissemination of intelligence; (2) modular courses in collection, analysis, communications for intelligence, critical thinking, counter-terrorism, foreign language, criminal intelligence, studies in intelligence methodology, leadership and management, ethics and the law, narcotics, organized crime, white-collar crime, technology, and information security; (3) courses on the use and management of intelligence for law enforcement officers, supervisors, and executives; and (4) may include both in-person and distance-learning courses. (c) Location of Academy.--The Attorney General shall develop and administer the academy curriculum utilizing the Justice Training Center facilities located in Quantico, Virginia. Training shall be provided at that facility and at any other locations that the Attorney General considers appropriate. (d) Advisory Board on Law Enforcement Intelligence.-- (1) Establishment.--The Attorney General shall establish an advisory board to be known as the Advisory Board on Law Enforcement Intelligence (hereinafter in this subsection referred to as the ``Board''). The Attorney General shall, on a regular basis, consult with the Board with respect to matters within the duties of the Board. (2) Members.--The Attorney General shall appoint the members of the Board from among individuals from the fields of intelligence and law enforcement. The Attorney General shall ensure that the Board includes members from each of the following groups: (A) Officers, analysts, and agents who represent Federal, State, and local law enforcement agencies. (B) Officers, analysts, and agents who represent appropriate elements of the intelligence community. (C) Individuals recognized for exceptional expertise in academic studies on intelligence. (3) Terms.--The Attorney General shall determine the number, terms of service, and pay and allowances of members of the Board. (4) Duties.--The duty of the Board shall be to advise the Attorney General with respect to the following matters: (A) The overall operation of the Academy. (B) The quality of instruction and the content of curriculum of the Academy. (C) The appointment of staff and the hiring of contract instructors at the Academy. (D) The efforts of the Academy to promote the intelligence profession among undergraduate and graduate students in the United States. (5) Meetings.--The Board shall meet not less frequently than semi-annually. (6) Report.--(A) Not later than September 1, 2004, the Board shall submit to the Attorney General a report containing the recommendations of the Board with respect to establishing and maintaining the highest-quality intelligence personnel resources for Federal, State, and local law enforcement agencies. The report shall include recommendations with respect to existing intelligence training initiatives that represent all levels of law enforcement agencies and professional intelligence training associations and consortiums. (B) Not later than 30 days after the receipt of the report under subparagraph (A), the Attorney General shall transmit a copy of the report to Congress. In transmitting the report, the Attorney General may include the responses of the Attorney General to any or all of the recommendations contained in that report. (e) Authorization of Appropriations.--Amounts are authorized to be appropriated to carry out this section as follows: (1) $15,000,000 for fiscal year 2004. (2) $18,000,000 for fiscal year 2005. (3) $20,000,000 for fiscal year 2006. SEC. 3. PILOT PROGRAM ON TRAINING FOR LAW ENFORCEMENT INTELLIGENCE ANALYSTS. (a) Pilot Program Required.--(1) The Attorney General shall carry out a pilot program, to be known as the Law Enforcement Analyst Training Assistance Program, to assess the feasibility and advisability of providing for the preparation of selected students for availability for employment as intelligence analysts for the intelligence and intelligence-related activities of law enforcement agencies in the United States. (2) The Attorney General shall model the pilot program after the Reserve Officers' Training Corps program of the Department of Defense. (b) Elements.--In carrying out the pilot program under subsection (a), the Attorney General shall establish and maintain one or more cadres of students who-- (1) participate in such training as intelligence analysts as the Attorney General considers appropriate; and (2) upon completion of such training, are available for employment as intelligence analysts under such terms and conditions as the Attorney General considers appropriate. (c) Duration.--The Attorney General shall carry out the pilot program under subsection (a) during fiscal years 2004 through 2006. (d) Limitation on Number of Members During Fiscal Year 2004.-- During fiscal year 2004, not more than 150 students may participate in the pilot program under subsection (a). (e) Responsibility.--The Attorney General shall carry out the pilot program under subsection (a) through the Office of Intelligence of the Federal Bureau of Investigation. (f) Reports.--(1) Not later than 120 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a preliminary report on the pilot program under subsection (a), including a description of the pilot program and the authorities to be utilized in carrying out the pilot program. (2) Not later than one year after the commencement of the pilot program, the Attorney General shall submit to Congress a report on the pilot program. The report shall include-- (A) a description of the activities under the pilot program, including the number of students who participated in the pilot program and the training provided such students under the pilot program; (B) an assessment of the effectiveness of the pilot program in meeting the purpose of the pilot program; and (C) any recommendations for additional legislative or administrative action that the Attorney General considers appropriate in light of the pilot program. (g) Funding.--There are authorized to be appropriated to carry out this section $4,000,000 for fiscal year 2004 and such amounts as may be necessary for each of fiscal years 2005 and 2006. SEC. 4. USE OF COPS FUNDS FOR INTELLIGENCE OFFICER ACTIVITIES. Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by adding at the end the following new subsection: ``(l) Intelligence Officer Activities.--Not less than 25 percent of the amounts made available to carry out this part shall be used only for programs, projects, and other activities to-- ``(1) increase, through hiring or redeployment, the number of State and local law enforcement officers or employees involved in activities that are focused on the development of intelligence for the purposes of countering terrorism, countering crime, or both; ``(2) provide specialized training to not more than 5 intelligence officers per grant recipient, to enhance the observational skills, intelligence-gathering skills, foreign language skills, and analytical skills, for the purposes referred to in paragraph (1); ``(3) improve coordination among Federal, State, and local law enforcement officers involved in activities referred to in paragraph (1); and ``(4) ensure that not less than 1 intelligence officer per grant recipient has a security clearance of not less than `top secret' level.''.", "summary": "National Intelligence Education and Training Act - Directs the Attorney General to: (1) maintain an Academy for Law Enforcement Intelligence for training Federal, State, and local law enforcement officers and analysts in the analysis, dissemination, and management of intelligence; and (2) establish the Advisory Board on Law Enforcement Intelligence to advise the Attorney General regarding the Academy's operation, instruction and content of curriculum, appointment of staff and hiring of contract instructors, and efforts to promote the intelligence profession among undergraduate and graduate students. Directs the Attorney General to carry out a pilot program, known as the Law Enforcement Analyst Training Assistance Program, to assess providing for the preparation of selected students for employment as intelligence analysts for U.S. law enforcement agencies. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct that not less than 25 percent of COPS program grant funds be made available for activities to: (1) increase the number of State and local law enforcement officers or employees involved in developing intelligence for countering terrorism, crime, or both; (2) provide specialized training to not more than five intelligence officers per grant recipient to enhance observational, intelligence-gathering, foreign language, and analytical skills; (3) improve Federal-State-local law enforcement coordination; and (4) ensure that not less than one intelligence officer per grant recipient has at least a \"top secret\" level security clearance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Eagle Palladium Bullion Coin Act of 2010''. SEC. 2. PALLADIUM COIN. Section 5112 of title 31, United States Code, is amended-- (1) in subsection (a), by adding at the end the following new paragraph; ``(12) A $25 coin of an appropriate size and thickness, as determined by the Secretary, that weighs 1 troy ounce and contains .9995 fine palladium.''; and (2) by adding at the end the following new subsection: ``(v) Palladium Bullion Investment Coins.-- ``(1) In general.--Subject to the submission to the Secretary and the Congress of a marketing study described in paragraph (8), beginning not more than 1 year after the submission of the study to the Secretary and the Congress, the Secretary shall mint and issue the palladium coins described in paragraph (12) of subsection (a) in such quantities as the Secretary may determine to be appropriate to meet demand. ``(2) Source of bullion.-- ``(A) In general.--The Secretary shall acquire bullion for the palladium coins issued under this subsection by purchase of palladium mined from natural deposits in the United States, or in a territory or possession of the United States, within 1 year after the month in which the ore from which it is derived was mined. If no such palladium is available or if it is not economically feasible to obtain such palladium, the Secretary may obtain palladium for the palladium coins described in paragraph (12) of subsection (a) from other available sources. ``(B) Price of bullion.--The Secretary shall pay not more than the average world price for the palladium under subparagraph (A). ``(3) Sale of coins.--Each coin issued under this subsection shall be sold for an amount the Secretary determines to be appropriate, but not less than the sum of-- ``(A) the market value of the bullion at the time of sale; and ``(B) the cost of designing and issuing the coins, including labor, materials, dies, use of machinery, overhead expenses, marketing, distribution, and shipping. ``(4) Treatment.--For purposes of section 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Quality.--The Secretary may issue the coins described in paragraph (1) in both proof and uncirculated versions, except that, should the Secretary determine that it is appropriate to issue proof or uncirculated versions of such coin, the Secretary shall, to the greatest extent possible, ensure that the surface treatment of each year's proof or uncirculated version differs in some material way from that of the preceding year. ``(6) Design.--Coins minted and issued under this subsection shall bear designs on the obverse and reverse that are close likenesses of the work of famed American coin designer and medallic artist Adolph Alexander Weinman-- ``(A) the obverse shall bear a high-relief likeness of the `Winged Liberty' design used on the obverse of the so-called `Mercury dime'; ``(B) the reverse shall bear a high-relief version of the reverse design of the 1907 American Institute of Architects medal; and ``(C) the coin shall bear such other inscriptions, including `Liberty', `In God We Trust', `United States of America', the denomination and weight of the coin and the fineness of the metal, as the Secretary determines to be appropriate and in keeping with the original design. ``(7) Mint facility.--Any United States mint, other than the United States Mint at West Point, New York, may be used to strike coins minted under this subsection other than any proof version of any such coin. If the Secretary determines that it is appropriate to issue any proof version of such coin, coins of such version shall be struck only at the United States Mint at West Point, New York. ``(8) Marketing study defined.--The market study described in paragraph (1) means an analysis of the market for palladium bullion investments conducted by a reputable, independent third party that demonstrates that there would be adequate demand for palladium bullion coins produced by the United States Mint to ensure that such coins could be minted and issued at no net cost to taxpayers.''. SEC. 3. BUDGETARY EFFECT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "American Eagle Palladium Bullion Coin Act of 2010 - Authorizes the Secretary of the Treasury to mint and issue a $25 palladium bullion investment coin bearing designs that are close likenesses of the work of American coin designer and medallic artist Adolph Alexander Weinman. Requires the obverse to bear a high-relief likeness of the \"Winged Liberty\" design used on the obverse of the \"Mercury dime,\" and the reverse a high-relief version of the reverse design of the 1907 American Institute of Architects medal. Requires the coin also to bear other inscriptions, including \"Liberty,\" \"In God We Trust,\" and \"United States of America.\" Allows any U.S. Mint other than the one at West Point, New York, to strike the coins, unless the Secretary of the Treasury decides to issue a proof version, which shall be struck only at West Point. Conditions the minting and issuance of palladium bullion coins upon submission to the Secretary and Congress of a marketing study by a reputable, independent third party: (1) analyzing the market for palladium bullion investments; and (2) demonstrating that there would be adequate demand for such coins to ensure that they could be minted and issued at no net cost to taxpayers."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``The Water Recycling and Riverside-Corona Feeder Act of 2006''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--THE INLAND EMPIRE REGIONAL WATER RECYCLING INITIATIVE Sec. 102. Short title. Sec. 103. Inland Empire and Cucamonga Valley recycling projects. TITLE II--PROJECTS IN RIVERSIDE AND SAN BERNARDINO COUNTIES Sec. 201. Planning, design, and construction of the Riverside-Corona Feeder. Sec. 202. Project authorizations. TITLE I--THE INLAND EMPIRE REGIONAL WATER RECYCLING INITIATIVE SEC. 102. SHORT TITLE. This title may be cited as the ``The Inland Empire Regional Water Recycling Initiative''. SEC. 103. INLAND EMPIRE AND CUCAMONGA VALLEY RECYCLING PROJECTS. (a) Recycling Projects.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, Title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 1637. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. ``(a) In General.--The Secretary, in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional water recycling project described in the report submitted under section 1606(c). ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation and maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000. ``SEC. 1638. CUCAMONGA VALLEY WATER RECYCLING PROJECT. ``(a) In General.--The Secretary, in cooperation with the Cucamonga Valley Water District, may participate in the design, planning, and construction of the Cucamonga Valley Water District satellite recycling plants in Rancho Cucamonga, California, to reclaim and recycle approximately 2 million gallons per day of domestic wastewater. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the capital cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation and maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000.''. (b) Conforming Amendments.--The table of sections in section 2 of Public Law 102-575 is amended by inserting after the item relating to section 1636 the following: ``Sec. 1637. Inland Empire Regional Water Recycling Program. ``Sec. 1638. Cucamonga Valley Water Recycling Project.''. TITLE II--PROJECTS IN RIVERSIDE AND SAN BERNARDINO COUNTIES SEC. 201. PLANNING, DESIGN, AND CONSTRUCTION OF THE RIVERSIDE-CORONA FEEDER. (a) In General.--The Secretary of the Interior, in cooperation with the Western Municipal Water District, may participate in a project to plan, design, and construct a water supply project, the Riverside- Corona Feeder, which includes 20 groundwater wells and 28 miles of pipeline in San Bernardino and Riverside Counties, California. (b) Agreements and Regulations.--The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. (c) Federal Cost Share.-- (1) Planning, design, construction.--The Federal share of the cost to plan, design, and construct the project described in subsection (a) shall be the lesser of 35 percent of the total cost of the project or $50,000,000. (2) Studies.--The Federal share of the cost to complete the necessary planning study associated with the project described in subsection (a) shall not exceed 50 percent of the total study cost. (d) In-Kind Services.--In-kind services performed by the Western Municipal Water District shall be considered a part of the local cost share to complete the project described in subsection (a). (e) Limitation.--Funds provided by the Secretary under this section shall not be used for operation or maintenance of the project described in subsection (a). SEC. 202. PROJECT AUTHORIZATIONS. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 163X. YUCAIPA VALLEY REGIONAL WATER SUPPLY RENEWAL PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the Yucaipa Valley Water District, may participate in the design, planning, and construction of projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the Santa Ana Watershed described in the report submitted under section 1606. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000. ``SEC. 163X. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER RECYCLING AND REUSE PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Corona Water Utility, California, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the City of Corona Water Utility, California. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.''. (b) Conforming Amendments.--The table of sections in section 2 of Public Law 102-575 is amended by inserting after the item relating to section 163_ the following: ``Sec. 163x. Yucaipa Valley Regional Water Supply Renewal Project. ``Sec. 163x. City of Corona Water Utility, California, water recycling and reuse project.''.", "summary": "Water Recycling and Riverside-Corona Feeder Act of 2006 - Inland Empire Regional Water Recycling Initiative - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior: (1) in cooperation with the Inland Empire Utilities Agency, to participate in the design, planning, and construction (design) of the Inland Empire regional water recycling project, California; (2) in cooperation with the Cucamonga Valley Water District, to participate in the design of the Cucamonga Valley Water District satellite recycling plants in Rancho Cucamonga to reclaim and recycle approximately two million gallons per day of domestic wastewater; (3) in cooperation with the Yucaipa Valley Water District, to participate in the design of projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the Santa Ana Watershed; and (4) in cooperation with the City of Corona Water Utility, to participate in the design of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the City. Limits the federal cost share of each project to 25%. Authorizes the Secretary, in cooperation with the Western Municipal Water District, to participate in a project to design the Riverside-Corona Feeder, which includes 20 groundwater wells and 28 miles of pipeline in San Bernardino and Riverside Counties, California. Limits the federal share of the project design and planning study costs."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Skilled Worker Immigration and Fairness Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. H-1B visas. Sec. 3. Employment-based immigration. Sec. 4. H-1B visa fraud and abuse protections. SEC. 2. H-1B VISAS. (a) Exemptions to Numerical Limitations.-- (1) In general.--Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended-- (A) in subparagraph (C), by striking ``until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.'' and inserting ``or has been awarded a medical specialty certification based on post-doctoral training and experience in the United States; or''; and (B) by adding at the end the following: ``(D) has earned a masters or higher degree in science, technology, engineering, or mathematics from an institution of higher education outside of the United States.''. (2) Applicability.--The amendments made by paragraph (1) shall apply to-- (A) any petition or visa application pending on the date of the enactment of this Act; and (B) any petition or visa application filed on or after such date. (b) Market-Based Visa Limits.--Section 214(g) of such Act (8 U.S.C. 1184(g)), as amended by subsection (a), is further amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``(beginning with fiscal year 1992)''; and (B) in subparagraph (A), by striking clauses (i) through (vii) and inserting the following: ``(i) 115,000 in fiscal year 2007; and ``(ii) in fiscal year 2008, and in each subsequent fiscal year, the greater of-- ``(I) 115,000; or ``(II) the number calculated under paragraph (9);''; (2) in paragraph (8)-- (A) in subparagraph (B), by striking clause (iv); and (B) by striking subparagraph (D); (3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (4) by inserting after paragraph (8) the following: ``(9) If the numerical limitation under paragraph (1)(A)-- ``(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A) for the subsequent fiscal year shall be equal to the lesser of-- ``(i) 120 percent of the numerical limitation for the given fiscal year; or ``(ii) 180,000; and ``(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A) for the subsequent fiscal year shall be equal to the numerical limitation for the given fiscal year.''. SEC. 3. EMPLOYMENT-BASED IMMIGRATION. (a) In General.--Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F) Aliens who have earned a master's or higher degree from an accredited university in the United States. ``(G) Aliens who-- ``(i) have earned an advanced degree in science, technology, engineering, or mathematics; and ``(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3- year period preceding their application for an immigrant visa under section 203(b). ``(H) Aliens who-- ``(i) are described in subparagraph (A) or (B) of section 203(b)(1); or ``(ii) have received a national interest waiver under section 203(b)(2)(B). ``(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).''. (b) Adjustment of Status for Employment-Based Immigrants.-- (1) In general.--Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) Adjustment of Status to Employment-Based Immigrant.-- ``(1) Eligibility.--An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if-- ``(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or ``(B) in the discretion of the Secretary, the adjudication of such petition is pending. ``(2) Visa availability.--An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b). ``(3) Fees.--If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary. ``(o) Extension of Employment Authorization and Advanced Parole Document.--The Secretary of Homeland Security-- ``(1) shall issue a 3-year employment authorization and 3- year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and ``(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).''. (2) Use of fees.--Section 286 of such Act (8 U.S.C. 1356) is amended-- (A) in subsection (m), by striking ``provisions of law, all adjudication fees'' and inserting ``provision of law, all adjudication fees and the fees collected under section 245(n)(3)''; and (B) in subsection (n)-- (i) by striking ``All deposits'' and inserting the following: ``(1) Except as provided in paragraph (2), all deposits''; and (ii) by adding at the end the following: ``(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.''. (c) Applicability.--The amendments made by subsections (a) and (b) shall apply to any visa application-- (1) pending on the date of the enactment of this Act; or (2) filed on or after such date. SEC. 4. H-1B VISA FRAUD AND ABUSE PROTECTIONS. (a) Prohibition Against Advertising Exclusively to H-1B Nonimmigrants.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended-- (1) by redesignating subparagraph (G) as subparagraph (H); (2) by inserting after subparagraph (H), as redesignated, the following: ``(I) The employer has not advertised the available jobs specified in the application in an advertisement that states or indicates that-- ``(i) the jobs are only available to persons who are, or may become, H-1B nonimmigrants; or ``(ii) persons will receive priority or preference in the hiring process because they are, or may become, H-1B nonimmigrants.''; and (3) in the undesignated paragraph at the end, by striking ``The employer'' and inserting the following: ``(K) The employer''. (b) Limit on Percentage of H-1B Employees.--Section 212(n)(1) of such Act, as amended by this section, is further amended by inserting after subparagraph (I), as added by subsection (a)(1), the following: ``(J) If the employer employs 50 or more employees in the United States, not more than 50 percent of such employees are H-1B nonimmigrants.''. (c) Safeguards Against Fraud and Misrepresentation in Application Review Process.--Section 212(n)(1)(K) of such Act, as designated by subsection (a)(2), is amended-- (1) by inserting ``, clear indicators of fraud, misrepresentation of material fact,'' after ``completeness''; (2) by striking ``or obviously inaccurate'' and inserting ``, presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate''; and (3) by adding at the end the following: ``If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).''. (d) Investigations by Department of Labor.--Section 212(n)(2) of such Act is amended-- (1) in subparagraph (A), by striking ``12 months'' and all that follows and inserting ``24 months after the date of the failure or misrepresentation, respectively. Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred.''; (2) in subparagraph (C)(i)-- (A) by striking ``a condition of paragraph (1)(B), (1)(E), or (1)(F)'' and inserting ``a condition under subparagraph (B), (C), (E), (F), (H), (I), or (J) of paragraph (1)''; and (B) by striking ``paragraph (1)(C), (1)(D), or (1)(G)(i)(I)'' and inserting ``subparagraph (C), (D) or (G)(i)(I) of paragraph (1)''; (3) in subparagraph (G)-- (A) in clause (i), by striking ``if the Secretary'' and all that follows and inserting ``with regard to the employer's compliance with the requirements under this subsection.''; (B) in clause (ii), by striking ``and whose identity'' and all that follows through ``failure or failures.'' and inserting ``the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements under this subsection.''; (C) in clause (iii), by striking the last sentence; (D) by striking clauses (iv) and (v); (E) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (F) in clause (iv), as redesignated, by striking ``meet a condition'' and all that follows and inserting ``comply with the requirements under this subsection, unless the Secretary of Labor receives the information not later than 24 months after the date of the alleged failure.''; (G) by amending clause (v), as redesignated, to read as follows: ``(v) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate the employer or secure the employer's compliance with this subsection. A determination by the Secretary under this clause is not subject to judicial review.''; (H) in clause (vi), as redesignated, by striking ``An investigation'' and all that follows through ``the determination.'' and inserting ``If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination.''; and (I) by adding at the end the following: ``(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated a requirement under this subsection, the Secretary may impose a penalty under subparagraph (C).''; (4) by redesignating subparagraph (I) as subparagraph (J). (e) Additional Department of Labor Employees.-- (1) In general.--The Secretary of Labor is authorized to hire 200 additional employees to administer, oversee, investigate, and enforce programs involving H-1B nonimmigrant workers. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (f) Schedule of Fees.--Section 214(c)(12)(C) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(12)(C)) is amended by striking ``$500'' and inserting ``$1,000''. (g) Information Sharing Between Department of Labor and Department of Homeland Security.--Section 212(n)(2) of such Act, as amended by this section, is further amended by inserting after subparagraph (H) the following: ``(I) If any information contained in the materials submitted by employers of H-1B nonimmigrants as part of the adjudication process indicates that the employer is not complying with the requirements under this subsection, the Director of United States Citizenship and Immigration Services shall provide such information to the Secretary of Labor. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving such information.''. (h) Audits.--Section 212(n)(2)(A) of such Act, as amended by this section, is further amended by adding at the end the following: ``The Secretary may conduct surveys regarding the degree to which employers comply with the requirements under this subsection and may conduct annual compliance audits of employers of H-1B nonimmigrants. The Secretary shall conduct annual compliance audits of not less than 1 percent of the employers of H-1B nonimmigrants during the applicable calendar year. The Secretary shall conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are H-1B nonimmigrants.''. (i) Penalties.--Section 212(n)(2)(C) of such Act, as amended by this section, is further amended-- (1) in clause (i)(I), by striking ``$1,000'' and inserting ``$2,000''; (2) in clause (ii)(I), by striking ``$5,000'' and inserting ``$10,000''; and (3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''. (j) Information Provided to H-1B Nonimmigrants Upon Visa Issuance.--Section 212(n) of such Act, as amended by this section, is further amended by adding at the end the following: ``(6)(A) Upon providing H-1B nonimmigrant status to an alien in the United States, the office processing the petition for such status shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; and ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights. ``(B) Upon issuing an H-1B nonimmigrant visa to an alien outside the United States, the officer of the Department of State shall provide the applicant with the items described in clauses (i) and (ii) of subparagraph (A).''.", "summary": "Skilled Worker Immigration and Fairness Act - Amends the Immigration and Nationality Act to exempt from the annual H-1B (specialty occupation/fashion models) visa cap an alien who has: (1) earned a master's or higher degree in science, technology, engineering, or mathematics from an institution of higher education outside of the United States; or (2) been awarded a medical specialty certification based on post-doctoral training and experience in the United States. Sets H-1B annual limits at: (1) 115,000 for FY2007; and (2) for each subsequent fiscal year, the greater of 115,000 or a market-based calculation. Exempts from numerical limitations on employment-based immigrants: (1) aliens who have earned advanced degrees in science, technology, engineering, or math and have been working in their fields in the United States under a nonimmigrant visa in the three years prior to filing for adjustment; (2) recipients of national interest waivers; and (3) immediate relatives of employment-based immigrants. Permits an alien (and dependents) to file for adjustment of status whether or not an employment-based immigrant visa is immediately available if: (1) a petition on behalf of the alien has been approved; or (2) adjudication of such petition is pending. Revises H-1B provisions with respect to: (1) application fraud and misrepresentation; (2) employer penalties; (3) Department of Labor investigations; (4) Department of Labor and Department of Homeland Security (DHS) information sharing; (5) information provided to an H-1B nonimmigrant upon visa issuance; (6) prohibiting H-1B-exclusive employment advertising; and (7) prohibiting an employer of fewer than 50 employees in the United States from having more than 50% H-1B nonimmigrant employees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Fairness Act of 2015''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--Except as provided under subparagraph (B), the Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien-- (i) applies for adjustment not later than 1 year after the date of the enactment of this Act; and (ii) is otherwise eligible to receive an immigrant visa and admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Secretary of Homeland Security determines that the alien-- (i) has been convicted of any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); (ii) has been convicted of 2 or more crimes involving moral turpitude; or (iii) has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (2) Relationship of application to certain orders.-- (A) In general.--An alien present in the United States who has been subject to an order of exclusion, deportation, or removal, or has been ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1) if otherwise qualified under such paragraph. (B) Separate motion not required.--An alien described in subparagraph (A) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the order described in subparagraph (A). (C) Effect of decision by secretary.--If the Secretary of Homeland Security adjusts the status of an alien pursuant to an application under paragraph (1), the Secretary shall cancel the order described in subparagraph (A). If the Secretary of Homeland Security makes a final decision to deny such adjustment of status, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided under subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States between January 1, 2013, and the date on which the alien submits an application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall establish procedures, by regulation, through which an alien, who is subject to a final order of deportation, removal, or exclusion, may seek a stay of such order based upon the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security may not order an alien to be removed from the United States if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a) unless the Secretary of Homeland Security has made a final determination to deny the application. (3) Work authorization.-- (A) In general.--The Secretary of Homeland Security may-- (i) authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States while a determination regarding such application is pending; and (ii) provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment. (B) Pending applications.--If an application for adjustment of status under subsection (a) is pending for a period exceeding 180 days and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Record of Permanent Residence.--Upon the approval of an alien's application for adjustment of status under subsection (a), the Secretary of Homeland Security shall establish a record of the alien's admission for permanent residence as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); and (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security regarding the adjustment of status of any alien under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--If an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (h) Application of Immigration and Nationality Act Provisions.-- (1) Definitions.--Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this section. (2) Savings provision.--Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization. (3) Effect of eligibility for adjustment of status.-- Eligibility to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude an alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.", "summary": "Liberian Refugee Immigration Fairness Act of 2015 This bill directs the Department of Homeland Security to adjust to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States between January 1, 2013, through the date of status adjustment application; or (2) is the spouse, child, or unmarried son or daughter of such an alien. Adjustment applications must be filed not later than one year after the date of enactment of this bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007''. SEC. 2. PROVISION OF APPROPRIATE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS UNDER THE MEDICARE PROGRAM FOR KIDNEY TRANSPLANT RECIPIENTS. (a) Continued Entitlement to Immunosuppressive Drugs.-- (1) Kidney transplant recipients.--Section 226A(b)(2) of the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except for coverage of immunosuppressive drugs under section 1861(s)(2)(J))'' after ``shall end''. (2) Application.--Section 1836 of the Social Security Act (42 U.S.C. 1395o) is amended-- (A) by striking ``Every individual who'' and inserting ``(a) In General.--Every individual who''; and (B) by adding at the end the following new subsection: ``(b) Special Rules Applicable to Individuals Only Eligible for Coverage of Immunosuppressive Drugs.-- ``(1) In general.--In the case of an individual whose eligibility for benefits under this title has ended except for the coverage of immunosuppressive drugs by reason of section 226A(b)(2), the following rules shall apply: ``(A) The individual shall be deemed to be enrolled under this part for purposes of receiving coverage of such drugs. ``(B) The individual shall be responsible for the full amount of the premium under section 1839 in order to receive such coverage. ``(C) The provision of such drugs shall be subject to the application of-- ``(i) the deductible under section 1833(b); and ``(ii) the coinsurance amount applicable for such drugs (as determined under this part). ``(D) If the individual is an inpatient of a hospital or other entity, the individual is entitled to receive coverage of such drugs under this part. ``(2) Establishment of procedures in order to implement coverage.--The Secretary shall establish procedures for-- ``(A) identifying beneficiaries that are entitled to coverage of immunosuppressive drugs by reason of section 226A(b)(2); and ``(B) distinguishing such beneficiaries from beneficiaries that are enrolled under this part for the complete package of benefits under this part.''. (3) Technical amendment.--Subsection (c) of section 226A of the Social Security Act (42 U.S.C. 426-1), as added by section 201(a)(3)(D)(ii) of the Social Security Independence and Program Improvements Act of 1994 (Public Law 103-296; 108 Stat. 1497), is redesignated as subsection (d). (b) Extension of Secondary Payer Requirements for ESRD Beneficiaries.--Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended by adding at the end the following new sentence: ``With regard to immunosuppressive drugs furnished on or after the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007, this subparagraph shall be applied without regard to any time limitation.''. (c) Effective Date.--The amendments made by this section shall apply to drugs furnished on or after the date of enactment of this Act. SEC. 3. PLANS REQUIRED TO MAINTAIN COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. (a) Application to Certain Health Insurance Coverage.-- (1) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2707. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. ``A group health plan (and a health insurance issuer offering health insurance coverage in connection with a group health plan) shall provide coverage of immunosuppressive drugs in connection with a kidney transplant that is at least as comprehensive as the coverage provided by such plan or issuer on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007, and such requirement shall be deemed to be incorporated into this section.''. (2) Conforming amendment.--Section 2721(b)(2)(A) of the Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is amended by inserting ``(other than section 2707)'' after ``requirements of such subparts''. (b) Application to Group Health Plans and Group Health Insurance Coverage Under the Employee Retirement Income Security Act of 1974.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 714. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. ``A group health plan (and a health insurance issuer offering health insurance coverage in connection with a group health plan) shall provide coverage of immunosuppressive drugs in connection with a kidney transplant that is at least as comprehensive as the coverage provided by such plan or issuer on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007, and such requirement shall be deemed to be incorporated into this section.''. (2) Conforming amendments.-- (A) Section 732(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (B) The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage of immunosuppressive drugs.''. (c) Application to Group Health Plans Under the Internal Revenue Code of 1986.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage of immunosuppressive drugs for kidney transplant recipients.''; and (2) by inserting after section 9812 the following: ``SEC. 9813. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. ``A group health plan shall provide coverage of immunosuppressive drugs in connection with a kidney transplant that is at least as comprehensive as the coverage provided by such plan on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007, and such requirement shall be deemed to be incorporated into this section.''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2008.", "summary": "Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007 - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end stage renal disease (ESRD) beneficiaries. Amends title XVIII (Medicare ) of SSA to apply special rules to kidney transplant recipients receiving additional coverage for immunosuppressive drugs. Deems such individual to be enrolled under Medicare part B. Makes him or her responsible for the full amount of the applicable premiums. Applies deductible and coinsurance requirements to the provision of such drugs. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs for kidney transplant patients."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Congenital Heart Futures Reauthorization Act of 2015''. SEC. 2. NATIONAL CONGENITAL HEART DISEASE SURVEILLANCE SYSTEM. Section 399V-2 of the Public Health Service Act (42 U.S.C. 280g-13) is amended to read as follows: ``SEC. 399V-2. NATIONAL CONGENITAL HEART DISEASE RESEARCH, SURVEILLANCE, AND AWARENESS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) enhance and expand research and surveillance infrastructure to study and track the epidemiology of congenital heart disease (in this section referred to as `CHD'); ``(2) plan and implement a public outreach and education campaign regarding CHD across the lifespan; and ``(3) award grants to eligible entities to undertake the activities described in subsections (b) and (c). ``(b) National Congenital Heart Disease Cohort Study.-- ``(1) In general.--The Director of the Centers for Disease Control and Prevention shall plan, develop, implement, and submit one or more reports to the Congress on a cohort study to improve understanding of the epidemiology of CHD across the lifespan, from birth to adulthood, with particular interest in the following: ``(A) Health care utilization and natural history of those affected by CHD. ``(B) Demographic factors associated with CHD, such as age, race, ethnicity, gender, and family history of individuals who are diagnosed with the disease. ``(C) Outcome measures, such that analysis of the outcome measures will allow derivation of evidence- based best practices and guidelines for CHD patients. ``(2) Permissible considerations.--The study under this subsection may-- ``(A) gather data on the health outcomes of a diverse population of those affected by CHD; ``(B) consider health disparities among those affected by CHD which may include the consideration of prenatal exposures; and ``(C) incorporate behavioral, emotional, and educational outcomes of those affected by CHD. ``(3) Public access.--Subject to paragraph (4), the data generated from the study under this subsection shall be made available to the public, including CHD researchers. ``(4) Patient privacy.--The Secretary shall ensure that the study under this subsection is carried out in a manner that complies with the requirements applicable to a covered entity under the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(c) Congenital Heart Disease Awareness Campaign.-- ``(1) In general.--The Director of the Centers for Disease Control and Prevention shall establish and implement an awareness, outreach, and education campaign regarding CHD across the lifespan. The information expressed through such campaign shall-- ``(A) emphasize that CHD is the most prevalent birth defect; ``(B) identify CHD as a condition that affects those diagnosed throughout their lives; and ``(C) promote the need for pediatric, adolescent, and adult individuals with CHD to seek and maintain lifelong, specialized care. ``(2) Permissible activities.--The campaign under this subsection may-- ``(A) utilize collaborations or partnerships with other agencies, health care professionals, and patient advocacy organizations that specialize in the needs of individuals with CHD; and ``(B) include the use of print, film, and electronic materials distributed via television, radio, Internet, and other commercial marketing venues. ``(d) Eligibility for Grants.--To be eligible to receive a grant under subsection (a)(3), an entity shall-- ``(1) be a public or private nonprofit entity with specialized experience in CHD; and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $4,000,000 for each of fiscal years 2016 through 2020.''. SEC. 3. CONGENITAL HEART DISEASE RESEARCH. Section 425 of the Public Health Service Act (42 U.S.C. 285b-8) is amended to read as follows: ``SEC. 425. CONGENITAL HEART DISEASE. ``(a) In General.--The Director of the Institute may expand, intensify, and coordinate research and related activities of the Institute with respect to congenital heart disease, which may include congenital heart disease research with respect to-- ``(1) causation of congenital heart disease, including genetic causes; ``(2) long-term outcomes in individuals with congenital heart disease, including infants, children, teenagers, adults, and elderly individuals; ``(3) diagnosis, treatment, and prevention; ``(4) studies using longitudinal data and retrospective analysis to identify effective treatments and outcomes for individuals with congenital heart disease; and ``(5) identifying barriers to lifelong care for individuals with congenital heart disease. ``(b) Coordination of Research Activities.--The Director of the Institute may coordinate research efforts related to congenital heart disease among multiple research institutions and may develop research networks. ``(c) Minority and Medically Underserved Communities.--In carrying out the activities described in this section, the Director of the Institute shall consider the application of such research and other activities to minority and medically underserved communities. ``(d) Report From NIH.--Not later than 1 year after the date of enactment of the Congenital Heart Futures Reauthorization Act of 2015, the Director of NIH, acting through the Director of the Institute, shall provide a report to Congress-- ``(1) outlining the ongoing research efforts of the National Institutes of Health regarding congenital heart disease; and ``(2) identifying-- ``(A) future plans for research regarding congenital heart disease; and ``(B) the areas of greatest need for such research.''.", "summary": "Congenital Heart Futures Reauthorization Act of 2015 This bill amends the Public Health Service Act to replace the authorization for a National Congenital Heart Disease Surveillance System with a requirement for the Centers for Disease Control and Prevention (CDC), regarding congenital heart disease, to enhance and expand research and surveillance infrastructure, and plan and implement a public outreach and education campaign. (Congenital heart disease is a condition caused by a heart defect that is present at birth.) The CDC must award grants to nonprofit entities to conduct: (1) a cohort study of congenital heart disease, from birth to adulthood, that considers health care utilization, demographic factors, and outcomes; and (2) an awareness, outreach, and education campaign regarding congenital heart disease. The National Heart, Lung, and Blood Institute must report on its ongoing research efforts regarding congenital heart disease, future plans for such research, and areas of greatest need for such research."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending to Entrepreneurs for Growth in Underserved Populations Act of 2011'' or the ``Small Business Leg-Up Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) Families and small businesses in under-served areas have for generations been unable to access affordable credit. (2) The financial crisis of 2008 only served to exacerbate efforts by entrepreneurs to access capital for the purpose of creating jobs and improving economic outcomes in the community. (3) Small business investments revitalize communities by creating jobs but also contributing to the local tax base, which helps finance investments in schools, hospitals, infrastructure, and public safety. (4) The Community Development Financial Institutions Fund is well placed to make careful, targeted investments in community development financial institutions for the purposes of improving economic outcomes for underserved families across America. (5) Providing the Community Development Financial Institutions Fund with a robust capital infusion will make efficient use of taxpayer dollars, by leveraging Federal investment for the purpose of small business lending. SEC. 3. TRANSFER OF FUNDS FROM SMALL BUSINESS LENDING FUND TO THE CDFI FUND. (a) Unobligated Funds.--On the date of the expiration of the investment authority described under section 4109(a) of the Small Business Jobs Act of 2010, the Secretary shall transfer all unobligated funds in the Small Business Lending Fund to the Community Development Financial Institutions Fund. (b) Proceeds.--Section 4103(b)(3) of the Small Business Jobs Act of 2010 is amended to read as follows: ``(3) Proceeds transferred to cdfi fund.--All funds received by the Secretary in connection with purchases made pursuant to paragraph (1), including principal, interest payments, dividend payments, and proceeds from the sale of any financial instrument, shall be transferred to the Community Development Financial Institutions Fund.''. SEC. 4. SMALL BUSINESS CAPITAL INVESTMENT PROGRAM. (a) In General.--The Riegle Community Development and Regulatory Improvement Act of 1994 is amended by adding after section 108 the following new section: ``SEC. 108A. SMALL BUSINESS CAPITAL INVESTMENT PROGRAM TO INCREASE CREDIT AVAILABILITY FOR SMALL BUSINESSES. ``(a) Small Business Revolving Loan Program.-- ``(1) In general.--Using amounts described under subsection (b), the Administrator shall carry out a Small Business Capital Investment Program (`Program') to make capital investments in eligible community development financial institutions in order to increase the availability of credit for small businesses. ``(2) Structure of the program.--To the extent practicable, the Administrator shall carry out the Program in the same manner as the Small Business Lending Fund Program authorized under section 4103(a)(2) of the Small Business Jobs Act of 2010, except that-- ``(A) all funds received by the Administrator in connection with purchases made under the Program, including principal, interest payments, dividend payments, and proceeds from the sale of any financial instrument, shall be deposited into the Fund; ``(B) eligible community development financial institutions may apply to receive a capital investment from the Fund in an amount not exceeding 10 percent of total assets, or such other percentage as the Administrator determines to be appropriate; and ``(C) the authority to make capital investments in eligible community development financial institutions shall continue so long as amounts described under subsection (b) are available to make such investments. ``(b) Funding.-- ``(1) In general.--Notwithstanding any other provision of this Act, amounts deposited into the Fund pursuant to section 4(a) of the Small Business Leg-Up Act of 2011, section 4103(b)(3) of the Small Business Jobs Act of 2010, or subsection (a)(2)(A) shall only be available to carry out the Program established under subsection (a). ``(2) Administration costs.--Interest payments received under subsection (a)(2)(A) may be used to pay for the administrative costs of carrying out the Program. ``(3) Authorization of appropriations.--There is authorized to be appropriated to the Administrator $4,000,000 to carry out the Program. ``(c) Rulemaking.--The Administrator may issue such regulations as the Administrator determines to be appropriate to carry out this section. ``(d) Eligible Community Development Financial Institution Defined .--For purposes of this section, the term `eligible community development financial institution' means a community development financial institution with assets of $10,000,000,000 or less, as reported in audited financial statements.''. (b) Technical Amendment.--The table of contents for the Riegle Community Development and Regulatory Improvement Act of 1994 is amended by inserting after the item relating to section 108 the following new item: ``108A. Small Business Capital Investment Program to increase credit availability for small businesses.''.", "summary": "Small Business Lending to Entrepreneurs for Growth in Underserved Populations Act of 2011 or the Small Business Leg-Up Act of 2011 - Requires, upon the expiration of investment authority for the Small Business Lending Fund Program provided in the Small Business Jobs Act of 2010, that all unobligated funds in the Small Business Lending Fund be transferred to the Community Development Financial Institutions (CDFI) Fund. Directs that all funds received in connection with certain purchases of preferred stock and other financial instruments pursuant to such authority be transferred to the CDFI Fund. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to direct the Administrator of the CDFI Fund to carry out a Small Business Capital Investment (SBCI) Program (a small business revolving loan program) to continue making capital investments in eligible community development financial institutions in order to increase the availability of credit for small businesses. Requires that: (1) all funds the Administrator receives in connection with SBCI Program purchases be deposited in the CDFI Fund, and (2) the authority to make such capital investments continue so long as specified funding amounts are available. Allows eligible community development financial institutions (with maximum assets of $10 billion as reported in audited financial statements) to apply to receive a capital investment of up to 10% of total assets, or another appropriate percentage determined by the Administrator. Directs the Administrator, to the extent practicable and except as otherwise provided, to carry out the SBCI Program in the same manner as the Small Business Lending Fund Program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Armed Forces Protection Act of 1996''. SEC. 2. FINDINGS AND CONGRESSIONAL POLICY. (a) Findings.--Congress finds as follows: (1) The President has made United Nations peace operations a major component of the foreign and security policies of the United States. (2) The President has committed United States military personnel under United Nations operational control to missions in Haiti, Croatia, and Macedonia that could endanger those personnel. (3) The President has deployed over 22,000 United States military personnel to the former Yugoslavia as peacekeepers under NATO operational control to implement the Dayton Peace Accord of December 1995. (4) Although the President has insisted that he will retain command of United States forces at all times, in the past this has meant administrative control of United States forces only, while operational control has been ceded to United Nations commanders, some of whom were foreign nationals. (5) The experience of United States forces participating in combined United States-United Nations operations in Somalia, and in combined United Nations-NATO operations in the former Yugoslavia, demonstrate that prerequisites for effective military operations such as unity of command and clarity of mission have not been met by United Nations command and control arrangements. (6) Despite the many deficiencies in the conduct of United Nations peace operations, there may be unique occasions when it is in the national security interests of the United States to participate in such operations. (b) Policy.--It is the sense of Congress that-- (1) the President should fully comply with all applicable provisions of law governing the deployment of the Armed Forces of the United States to United Nations peacekeeping operations; (2) the President should consult closely with Congress regarding any United Nations peace operation that could involve United States combat forces and that such consultations should continue throughout the duration of such activities; (3) the President should consult with Congress before a vote within the United Nations Security Council on any resolution which would authorize, extend, or revise the mandate for any such activity; (4) in view of the complexity of United Nations peace operations and the difficulty of achieving unity of command and expeditious decisionmaking, the United States should participate in such operations only when it is clearly in the national security interest to do so; (5) United States combat forces should be under the operational control of qualified commanders and should have clear and effective command and control arrangements and rules of engagement (which do not restrict their self-defense in any way) and clear and unambiguous mission statements; and (6) none of the Armed Forces of the United States should be under the operational control of foreign nationals in United Nations peace enforcement operations except in the most extraordinary circumstances. (c) Definitions.--For purposes of subsections (a) and (b): (1) The term ``United Nations peace enforcement operations'' means any international peace enforcement or similar activity that is authorized by the United Nations Security Council under chapter VII of the Charter of the United Nations. (2) The term ``United Nations peace operations'' means any international peacekeeping, peacemaking, peace enforcement, or similar activity that is authorized by the United Nations Security Council under chapter VI or VII of the Charter of the United Nations. SEC. 3. PLACEMENT OF UNITED STATES FORCES UNDER UNITED NATIONS OPERATIONAL OR TACTICAL CONTROL. (a) In General.--(1) Chapter 20 of title 10, United States Code, is amended by inserting after section 404 the following new section: ``Sec. 405. Placement of United States forces under United Nations operational or tactical control: limitation ``(a) Limitation.--Except as provided in subsections (b) and (c), funds appropriated or otherwise made available for the Department of Defense may not be obligated or expended for activities of any element of the armed forces that after the date of the enactment of this section is placed under United Nations operational or tactical control, as defined in subsection (f). ``(b) Exception for Presidential Certification.--(1) Subsection (a) shall not apply in the case of a proposed placement of an element of the armed forces under United Nations operational or tactical control if the President, not less than 15 days before the date on which such United Nations operational or tactical control is to become effective (or as provided in paragraph (2)), meets the requirements of subsection (d). ``(2) If the President certifies to Congress that an emergency exists that precludes the President from meeting the requirements of subsection (d) 15 days before placing an element of the armed forces under United Nations operational or tactical control, the President may place such forces under such operational or tactical control and meet the requirements of subsection (d) in a timely manner, but in no event later than 48 hours after such operational or tactical control becomes effective. ``(c) Additional Exceptions.--(1) Subsection (a) shall not apply in the case of a proposed placement of any element of the armed forces under United Nations operational or tactical control if Congress specifically authorizes by law that particular placement of United States forces under United Nations operational or tactical control. ``(2) Subsection (a) shall not apply in the case of a proposed placement of any element of the armed forces in an operation conducted by the North Atlantic Treaty Organization. ``(d) Presidential Certifications.--The requirements referred to in subsection (b)(1) are that the President submit to Congress the following: ``(1) Certification by the President that it is in the national security interests of the United States to place any element of the armed forces under United Nations operational or tactical control. ``(2) A report setting forth the following: ``(A) A description of the national security interests that would be advanced by the placement of United States forces under United Nations operation or tactical control. ``(B) The mission of the United States forces involved. ``(C) The expected size and composition of the United States forces involved. ``(D) The precise command and control relationship between the United States forces involved and the United Nations command structure. ``(E) The precise command and control relationship between the United States forces involved and the commander of the United States unified command for the region in which those United States forces are to operate. ``(F) The extent to which the United States forces involved will rely on forces of other countries for security and defense and an assessment of the capability of those other forces to provide adequate security to the United States forces involved. ``(G) The exit strategy for complete withdrawal of the United States forces involved. ``(H) The extent to which the commander of any unit of the armed forces proposed for placement under United Nations operational or tactical control will at all times retain the right-- ``(i) to report independently to superior United States military authorities; and ``(ii) to decline to comply with orders judged by the commander to be illegal or beyond the mandate of the mission to which the United States agreed with the United Nations, until such time as that commander receives direction from superior United States military authorities with respect to the orders that the commander has declined to comply with. ``(I) The extent to which the United States will retain the authority to withdraw any element of the armed forces from the proposed operation at any time and to take any action it considers necessary to protect those forces if they are engaged. ``(J) The anticipated monthly incremental cost to the United States of participation in the United Nations operation by the United States forces which are proposed to be placed under United Nations operational or tactical control and the percentage that such cost represents of the total anticipated monthly incremental costs of all nations expected to participate in such operation. ``(e) Classification of Report.--A report under subsection (d) shall be submitted in unclassified form and, if necessary, in classified form. ``(f) United Nations Operational or Tactical Control.--For purposes of this section, an element of the Armed Forces shall be considered to be placed under United Nations operational or tactical control if-- ``(1) that element is under the operational or tactical control of an individual acting on behalf of the United Nations for the purpose of international peacekeeping, peacemaking, peace-enforcing, or similar activity that is authorized by the Security Council under chapter VI or VII of the Charter of the United Nations; and ``(2) the senior military commander of the United Nations force or operation is a foreign national or is a citizen of the United States who is not a United States military officer serving on active duty. ``(g) Interpretation.--Nothing in this section may be construed-- ``(1) as authority for the President to use any element of the Armed Forces in any operation; ``(2) as authority for the President to place any element of the Armed Forces under the command or operational control of a foreign national; or ``(3) as superseding, negating, or otherwise affecting the requirements of section 6 of the United Nations Participation Act of 1945 (22 U.S.C. 287d).''. (2) The table of sections at the beginning of subchapter I of such chapter is amended by adding at the end the following new item: ``405. Placement of United States forces under United Nations operational or tactical control: limitation.''. (b) Exception for Ongoing Operations in Macedonia and Croatia.-- Section 405 of title 10, United States Code, as added by subsection (a), does not apply in the case of activities of the Armed Forces that are carried out-- (1) in Macedonia as part of the United Nations force designated as the United Nations Preventive Deployment Force (UNPREDEP) pursuant to United Nations Security Council Resolution 795, adopted December 11, 1992, and Resolution 983, adopted March 31, 1995, and subsequent reauthorization Resolutions; or (2) in Croatia as part of the United Nations force designated as the United Nations Transitional Administration for Eastern Slavonia, Baranja, and Western Sirmium (UNTAES) pursuant to United Nations Security Council Resolution 1037, adopted January 15, 1996, and subsequent reauthorization Resolutions. SEC. 4. REQUIREMENT TO ENSURE THAT ALL MEMBERS KNOW MISSION AND CHAIN OF COMMAND. (a) In General.--Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 656. Members required to be informed of mission and chain of command ``The commander of any unit of the armed forces assigned to an operation shall ensure that each member of such unit is fully informed of that unit's mission as part of such operation and of that member's chain of command.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``656. Members required to be informed of mission and chain of command.''. SEC. 5. PROHIBITION ON REQUIREMENT FOR MEMBERS OF THE ARMED FORCES TO WEAR UNIFORM ITEMS OF THE UNITED NATIONS. (a) In General.--Chapter 45 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 777. Insignia of United Nations: prohibition on requirement for wearing ``No member of the armed forces may be required to wear as part of the uniform any badge, symbol, helmet, headgear, or other visible indicia or insignia which indicates (or tends to indicate) any allegiance or affiliation to or with the United Nations except in a case in which the wearing of such badge, symbol, helmet, headgear, indicia, or insignia is specifically authorized by law with respect to a particular United Nations operation.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``777. Insignia of United Nations: prohibition on requirement for wearing.''. Passed the House of Representatives September 5, 1996. Attest: ROBIN H. CARLE, Clerk.", "summary": "United States Armed Forces Protection Act of 1996 - States certain congressional findings and policy concerning the placement of U.S. armed forces under United Nations (UN) operational or tactical control. Prohibits Department of Defense funds from being obligated or expended for activities of any element of the armed forces that is placed under UN operational or tactical control, unless: (1) the President, at least 15 days before UN control is to become effective (or not later than 48 hours afterwards in an emergency), certifies to the Congress that such action is in the national security interests; or (2) such placement is specifically authorized by law or is part of a North Atlantic Treaty Organization operation. Specifies information to be submitted with the President's certification, including: (1) information on the national security interests to be advanced; (2) the mission, size, and composition of the U.S. forces involved; (3) the command and control relationship of the U.S. forces with the UN command structure and with the U.S. unified command for the region; (4) the exit strategy for, and withdrawal authority of, U.S. forces; and (5) the anticipated monthly incremental cost of U.S. participation and the percentage that such cost represents of the total anticipated monthly incremental costs of all nations expected to participate in the operation. Provides that this Act shall not apply to activities of the armed forces carried out as part of specified ongoing activities of the UN Preventive Deployment Force in Macedonia or the UN Transitional Administration for Eastern Slavonia, Baranja, and Western Sirmium in Croatia. Requires that members of the armed forces be informed of their unit's mission and their chain of command in any operation to which their unit is assigned. Prohibits U.S. military personnel from being required to wear UN insignia except when such insignia is specifically authorized by law with respect to a particular UN operation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Transport Act of 2018''. SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. (a) Definition.--In this Act, the term ``transport''-- (1) includes staying in temporary lodging overnight, common carrier misrouting or delays, stops for food, fuel, vehicle maintenance, emergencies, or medical treatment, and any other activity related to the journey of a person; and (2) does not include transport of a knife with the intent to commit an offense punishable by imprisonment for a term exceeding 1 year involving the use or threatened use of force against another person, or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, the journey. (b) Transport of Knives.-- (1) In general.--Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, a person who is not otherwise prohibited by any Federal law from possessing, transporting, shipping, or receiving a knife shall be entitled to transport a knife for any lawful purpose from any place where the person may lawfully possess, carry, or transport the knife to any other place where the person may lawfully possess, carry, or transport the knife if-- (A) in the case of transport by motor vehicle, the knife-- (i) is not directly accessible from the passenger compartment of the motor vehicle; or (ii) in the case of a motor vehicle without a compartment separate from the passenger compartment, is contained in a locked container other than the glove compartment or console; and (B) in the case of transport by means other than a motor vehicle, including any transport over land or on or through water, the knife is contained in a locked container. (2) Limitation.--This subsection shall not apply to the transport of a knife or tool in the cabin of a passenger aircraft subject to the rules and regulations of the Transportation Security Administration. (c) Emergency Knives.-- (1) In general.--A person-- (A) may carry in the passenger compartment of a mode of transportation a knife or tool-- (i) the blades of which consist only of a blunt tipped safety blade, a guarded blade, or both; and (ii) that is specifically designed for enabling escape in an emergency by cutting safety belts; and (B) shall not be required to secure a knife or tool described in subparagraph (A) in a locked container. (2) Limitation.--This subsection shall not apply to the transport of a knife or tool in the cabin of a passenger aircraft subject to the rules and regulations of the Transportation Security Administration. (d) No Arrest.--A person who is transporting a knife in compliance with this section may not be arrested for violation of any law, rule, or regulation of a State or political subdivision of a State related to the possession, transport, or carrying of a knife, unless there is probable cause to believe that the person is not in compliance with subsection (b). (e) Costs.--If a person who asserts this section as a claim or defense in a civil or criminal action or proceeding is a prevailing party on the claim or defense, the court shall award costs and reasonable attorney's fees incurred by the person. (f) Expungement.--If a person who asserts this section as a claim or defense in a criminal proceeding is a prevailing party on the claim or defense, the court shall enter an order that directs that there be expunged from all official records all references to-- (1) the arrest of the person for the offense as to which the claim or defense was asserted; (2) the institution of any criminal proceedings against the person relating to such offense; and (3) the results of the proceedings, if any. (g) Rule of Construction.--Nothing in this section shall be construed to limit any right to possess, carry, or transport a knife under applicable State law. Passed the Senate December 11, 2018. Attest: Secretary. 115th CONGRESS 2d Session S. 1092 _______________________________________________________________________ AN ACT To protect the right of law-abiding citizens to transport knives interstate, notwithstanding a patchwork of local and State prohibitions.", "summary": "Interstate Transport Act of 2017 This bill permits an individual to transport a knife for any lawful purpose between two places (e.g., states) where it is legal to possess and carry such knife. The individual must comply with specified requirements. The bill prohibits the arrest or detention of an individual for a knife violation unless there is probable cause to believe the individual failed to comply with specified requirements. An individual may assert compliance with this bill's requirements as a claim or defense in any civil or criminal action or proceeding."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Disaster Inquiry Commission Act of 2005''. SEC. 2. DEFINITION. For purposes of this Act, the term ``Commission'' means the Commission established under this Act. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--The President shall establish an independent, nonpartisan Commission within the executive branch to discover and assess the circumstances related to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005. (b) Deadline for Establishment.--The President shall issue an executive order establishing a Commission within 30 days after the date of enactment of this Act. SEC. 4. COMPOSITION OF COMMISSION. (a) Number of Commissioners.--The Commission shall consist of 15 members. (b) Selection.--The members of the Commission shall be chosen in the following manner: (1) The President of the United States Conference of Mayors shall be a member of the Commission. (2) The President shall appoint the remaining 14 members, and shall designate the Chairman and Vice Chairman of the Commission from among its members. (3) Five of the 14 members appointed by the President shall be selected by the President in the following manner: (A) The majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the President of the collective- bargaining organization including the largest number of emergency medical responders, shall each provide to the President a list of candidates for membership on the Commission. (B) The President shall select one of the candidates from each of the 5 lists for membership on the Commission. (4)(A) No officer or employee of the Federal Government shall serve as a member of the Commission. (B) No member of the Commission shall have, or have pending, a contractual relationship with the Federal Emergency Management Agency. (C) The President may waive the prohibitions in subparagraphs (A) and (B) with respect to the selection of not more than 2 members of the Commission. (5) The President shall not appoint any individual as a member of the Commission who has a current or former relationship with the Federal Emergency Management Agency that the President determines would constitute a conflict of interest. (6) To the extent practicable, the President shall ensure that the members of the Commission include some individuals with experience relative to local government administration, as well as some individuals with investigative experience and some individuals with legal experience. (7) To the extent practicable, the President shall seek diversity in the membership of the Commission. (c) Deadline for Appointment.--All members of the Commission shall be appointed no later than 60 days after issuance of the executive order establishing the Commission. (d) Initial Meeting.--The Commission shall meet and begin operations as soon as practicable. (e) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members. Eight members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 5. TASKS OF THE COMMISSION. The Commission shall, to the extent possible, undertake the following tasks: (1) Chronicle the trajectory of Hurricane Katrina, including the timetable and locations of its path, and the responses made by the Federal, State, and local governments. (2) Issue a statement of an estimate as to the loss of life, physical and structural damage, and displacement of residents as a result of the disaster. (3) Make recommendations for corrective actions. (4) Provide any additional findings or recommendations considered by the Commission to be important, whether or not they are related to emergency disaster management. (5) Prepare a report to Congress, the President, and the public. SEC. 6. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the Chairman and the Vice Chairman; or (II) by the affirmative vote of 8 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chairman or any member designated by a majority of the Commission, and may be served by any person designated by the Chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subparagraph (A), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of a failure of a witness to comply with a subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before a grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's tasks. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS. (a) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under this Act. (b) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 8. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The Chairman, in consultation with Vice Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Employees of the Federal Emergency Management Agency shall not be appointed to the staff of the Commission. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission shall be considered employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) does not apply to members of the Commission. (b) Detailees.--Any Federal Government employee, except for an employee of the Federal Emergency Management Agency, may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 11. REPORTING REQUIREMENTS AND TERMINATION. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. (b) Final Report.--The Commission shall submit to the President and Congress, and make concurrently available to the public, a final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. Such report shall include any minority views or opinions not reflected in the majority report. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act with respect to the Commission, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 12. FUNDING. Such sums as are necessary to carry out this Act are authorized to be appropriated. Sums authorized by this Act shall remain available until the termination of the Commission.", "summary": "Hurricane Katrina Disaster Inquiry Commission Act of 2005 - Directs the President to establish an independent nonpartisan Commission within the executive branch to discover and assess the circumstances relating to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005. Directs the Commission to: (1) chronicle the trajectory of Hurricane Katrina, including the timetable and locations of its path, and the responses made by the federal, state, and local governments; (2) estimate the loss of life, physical and structural damage, and displacement of residents; (3) recommend corrective actions; and (4) prepare a report to Congress, the President, and the public."}
{"article": "SECTION 1. ALTERNATE ENERGY-RELATED USES ON THE OUTER CONTINENTAL SHELF. (a) Purposes.--The purposes of this section are as follows: (1) To protect the economic and land use interests of the Federal Government in the management of the outer Continental Shelf for energy-related and certain other purposes. (2) To provide an administrative framework for the oversight and management of energy-related activities on the outer Continental Shelf, consistent with other applicable laws. (3) To provide for inter-agency coordination in the siting and permitting of energy-related activities on the outer Continental Shelf. (4) To ensure that energy-related activities on the outer Continental Shelf are conducted in a manner that provides for safety, protection of the environment, prevention of waste, conservation of natural resources, the protection of correlative rights, and protection of national security interests. (5) To authorize alternate uses of existing structures and facilities previously permitted under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 note). (6) To ensure that the Federal Government receives a fair return for any easement or right-of-way granted under section 8(p) of the Outer Continental Shelf Lands Act. (b) Amendment to Outer Continental Shelf Lands Act.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following new subsection: ``(p) Easements or Rights-of-Way for Energy and Related Purposes.-- ``(1) The Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant departments and agencies of the Federal government, may grant an easement or right-of-way on the outer Continental Shelf or activities not otherwise authorized in this Act, the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), or the Ocean Thermal Energy Conversion Act of 1980 (42 U.S.C. 9101 et seq.) when such activities-- ``(A) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; ``(B) produce or support production, transportation, or transmission of energy from sources other than oil and gas; or ``(C) use facilities currently or previously used for activities authorized under this Act. ``(2)(A) The Secretary shall establish reasonable forms of annual or one-time payments for any easement or right-of-way granted under this subsection, including fees, rentals, or cash bonus payments. The Secretary may establish fees, rentals, bonus, or other payments by rule or by agreement with the party to whom the easement or right-of-way is granted. ``(B) Before exercising the authority granted under this subsection, the Secretary shall consult with the Secretary of Defense concerning issues related to national security and navigational obstruction. ``(C) The Secretary may issue an easement or right-of-way for energy and related purposes as described in paragraph (1) on a competitive or non-competitive basis. In determining whether such easement or right-of-way shall be granted competitively or non-competitively, the Secretary shall consider such factors as prevention of waste and conservation of natural resources, protection of the environment, the national interest, national security, human safety, protection of correlative rights, and the potential return for the easement or right-of-way. ``(3) The Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant departments and agencies of the Federal Government and affected States, shall prescribe any necessary regulations to assure safety, protection of the environment, prevention of waste, and conservation of the natural resources of the outer Continental Shelf, protection of national security interests, and the protection of correlative rights therein. ``(4) The Secretary shall require the holder of an easement or right-of-way granted under this subsection to furnish a surety bond or other form of security, as prescribed by the Secretary, and to comply with such other requirements as the Secretary may deem necessary to protect the interests of the United States. ``(5) Nothing in this subsection shall be construed to displace, supercede, limit, or modify the jurisdiction, responsibility, or authority of any Federal or State agency under any other Federal law. ``(6) This subsection shall not apply to any area on the outer Continental Shelf designated by legislation as a National Marine Sanctuary.''. (c) Conforming Amendment.--The text of the heading for section 8 of the Outer Continental Shelf Lands Act is amended to read as follows: ``Leases, Easements, and Rights-of-Way on the Outer Continental Shelf.''.", "summary": "Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior (or the appropriate Secretary) to grant easements or rights-of-way on the outer Continental Shelf for activities that: (1) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; (2) produce or support production, transportation, or transmission of energy sources other than oil and gas; or (3) use facilities for previously authorized activities.Excludes any National Marine Sanctuary from application of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) INF treaty.--The term ``INF Treaty'' means the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate- Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988. (3) Intelligence community.--The term ``intelligence community'' has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (4) New start treaty.--The term ``New START Treaty'' means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed at Prague April 8, 2010, and entered into force February 5, 2011. (5) Open skies treaty.--The term ``Open Skies Treaty'' means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002. SEC. 3. FINDINGS. Congress makes the following findings: (1) The 2014, 2015, and 2016 Department of State reports entitled, ``Adherence to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments'', all stated that the United States has determined that ``the Russian Federation is in violation of its obligations under the INF Treaty not to possess, produce, or flight-test a ground- launched cruise missile (GLCM) with a range capability of 500 km to 5,500 km, or to possess or produce launchers of such missiles''. (2) The 2016 report also noted that ``the cruise missile developed by Russia meets the INF Treaty definition of a ground-launched cruise missile with a range capability of 500 km to 5,500 km, and as such, all missiles of that type, and all launchers of the type used or tested to launch such a missile, are prohibited under the provisions of the INF Treaty''. (3) Potential consistency and compliance concerns regarding the INF Treaty noncompliant GLCM have existed since 2008, were not officially raised with the Russian Federation until 2013, and were not briefed to the North Atlantic Treaty Organization (NATO) until January 2014. (4) The United States Government is aware of other consistency and compliance concerns regarding Russia actions vis-a-vis its INF Treaty obligations. (5) Since 2013, senior United States officials, including the President, the Secretary of State, and the Chairman of the Joint Chiefs of Staff have raised Russian noncompliance with the INF Treaty to their counterparts, but no progress has been made in bringing the Russian Federation back into compliance with the INF Treaty. (6) In April 2014, General Breedlove, the Supreme Allied Commander Europe, correctly stated, ``A weapon capability that violates the INF, that is introduced into the greater European land mass, is absolutely a tool that will have to be dealt with . . . It can't go unanswered.''. (7) The Department of Defense in its September 2013 report, Report on Conventional Prompt Global Strike Options if Exempt from the Restrictions of the Intermediate-Range Nuclear Forces Treaty Between the United States of America and the Union of Soviet Socialist Republics, stated that it has multiple validated military requirement gaps due to the prohibitions imposed on the United States as a result of its compliance with the INF Treaty. (8) It is not in the national security interests of the United States to be legally prohibited from developing dual- capable ground-launched cruise missiles with ranges between 500 and 5,500 kilometers, while Russia makes advances in developing and fielding this class of weapon systems. (9) A material breach of the INF Treaty by the Russian Federation affords the United States the right to invoke such breach as grounds for suspending the operation of the treaty in whole or in part. SEC. 4. COMPLIANCE ENFORCEMENT REGARDING RUSSIAN VIOLATIONS OF THE INF TREATY. (a) Statement of United States Policy.--It is the policy of the United States as follows: (1) The actions undertaken by the Russian Federation in violation of the INF Treaty constitute a material breach of the treaty. (2) In light of the Russian Federation's material breach of the INF Treaty, the United States is legally entitled to suspend the operation of the INF Treaty in whole or in part for so long as the Russian Federation continues to be in material breach. (3) For so long as the Russian Federation remains in noncompliance with the INF Treaty, the United States should take actions to encourage the Russian Federation return to compliance, including by-- (A) providing additional funds for the capabilities identified in section 1243(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114- 92; 129 Stat. 1062); (B) establishing a program of record pursuant to section 5 for a dual-capable road-mobile ground- launched cruise missile system with a maximum range of 5,500 kilometers; and (C) aggressively seeking additional missile defense assets in the European theater to protect United States and NATO forces from ground-launched missile systems of the Russian Federation that are in noncompliance with the INF Treaty. (b) Authorization of Additional Appropriations.-- (1) In general.--In addition to any other amounts authorized to be appropriated for such purposes, there is authorized to be appropriated $500,000,000 for fiscal year 2018 for-- (A) the development of active defenses to counter ground-launched missile systems with ranges between 500 and 5,500 kilometers; (B) counterforce capabilities to prevent attacks from these missiles; (C) facilitating the acquisition and transfer to allied countries of missile systems with ranges between 500 and 5,500 kilometers; and (D) countervailing strike capabilities to enhance the capabilities of the United States identified in section 1243(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1062). (2) Development.--Of the amount authorized to be appropriated by paragraph (1), $100,000,000 is authorized to be appropriated for activities undertaken to carry out section 5, including with respect to research and development activities. (3) Offset.--Notwithstanding the amounts otherwise authorized to be appropriated for the National Nuclear Security Administration for Defense Nuclear Nonproliferation for fiscal year 2018, such authorization of amounts is hereby reduced by $500,000,000. SEC. 5. DEVELOPMENT OF INF RANGE GROUND-LAUNCHED MISSILE SYSTEM. (a) Establishment of a Program of Record.--The Secretary of Defense shall establish a program of record to develop a dual-capable road- mobile ground-launched cruise missile system with a range of between 500 to 5,500 kilometers. The Secretary shall ensure that such system is capable of achieving a flight test by not later than one year after the date of the enactment of this Act. (b) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the cost, schedule, and feasibility to modify the tomahawk, standard missile-3, standard missile-6, long-range standoff cruise missile, and Army tactical missile system missiles for ground launch with a range of between 500 and 5,500 kilometers in order to provide any of the capabilities identified in section 1243(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1062). SEC. 6. NOTIFICATION REQUIREMENT RELATED TO RUSSIAN FEDERATION DEVELOPMENT OF NONCOMPLIANT SYSTEMS. Not later than 15 days after the date of the enactment of this Act, and every 90 days thereafter during the five-year period beginning on such date of enactment, the Director of National Intelligence shall submit to the appropriate congressional committees and the President a report that includes a determination of each of the following: (1) Whether the Russian Federation has flight tested, produced, or possesses a system that is inconsistent with the INF Treaty. (2) Whether the Russian Federation possesses a system that meets the requirements for initial operational capability that is inconsistent with the INF Treaty. (3) Whether the Russian Federation has deployed, or is about to deploy, a system that is inconsistent with the INF Treaty. SEC. 7. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES. None of the funds authorized to be appropriated or otherwise made available for fiscal year 2018 or any other fiscal year for the Department of Defense may be obligated or expended to extend the implementation of the New START Treaty for any year after 2021, permit flights by the Russian Federation over the United States or it allies pursuant to the Open Skies Treaty, or permit the approval of new or updated implementation decisions of the Open Skies Consultative Commission pursuant to Article X of the Open Skies Treaty, or any license or authorization to export any item or technology to a person or entity in the Russian Federation unless the President certifies to the appropriate congressional committees that the Russian Federation has verifiably eliminated all missiles that are in violation of or may be inconsistent with the INF Treaty. SEC. 8. REPORT ON ANTI-AIR WARFARE DEFENSE CAPABILITY. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the number and location of Aegis Ashore sites with anti-air warfare capability necessary in Asia and Europe to defend deployed forces of the United States and United States allies from Russian ground-launched missile systems with a range of 500 to 5,500 kilometers. SEC. 9. REVIEW OF RS-26 BALLISTIC MISSILE. (a) In General.--The Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, shall conduct a review of the RS-26 ballistic missile of the Russian Federation. (b) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the review conducted under subsection (a). The report shall include-- (1) a determination whether the RS-26 ballistic missile is covered under the New START Treaty or is a violation of the INF Treaty because Russia has flight-tested such missile to ranges covered by the INF Treaty in more than one warhead configuration; and (2) if the Secretary determines that the RS-26 ballistic missile is covered under the New START Treaty, a determination whether the Russian Federation-- (A) has agreed through the Bilateral Consultative Commission that such a system is limited under the New START Treaty central limits; and (B) has agreed to an exhibition of such a system. (c) Effect of Determination.--If the Secretary of State, with the concurrence of the Secretary of Defense and the Director of National Intelligence, determines that the RS-26 ballistic missile is covered under the New START Treaty and that the Russian Federation has not taken the steps described under subsection (b)(2), the United States Government shall consider for purposes of all policies and decisions that the RS-26 ballistic missile of the Russian Federation is a violation of the INF Treaty. SEC. 10. UNITED STATES ACTIONS REGARDING MATERIAL BREACH OF INF TREATY BY THE RUSSIAN FEDERATION. (a) Declaration of Policy.--Congress declares that because of the Russian Federation's violations of the INF Treaty, including the flight-test, production, and possession of prohibited systems, its actions have defeated the object and purpose of the INF Treaty, and thus constitute a material breach of the INF Treaty. (b) Report.--Not later than 15 months after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains a determination of the President of whether the Russian Federation has flight-tested, produced, or is in possession of a ground-launched cruise missile or ground-launched ballistic missile with a range of between 500 and 5,500 kilometers during each of the four consecutive 90-day periods beginning on the date of the enactment of this Act. (c) United States Actions.--If the determination of the President contained in the report required to be submitted under subsection (b) is that the Russian Federation has flight-tested, produced, or is in possession of any missile described in subsection (b) during each of the periods described in subsection (b), the President shall-- (1) suspend the application of the INF Treaty with respect to the United States; and (2) notify the other state parties to the INF Treaty that the Russian Federation is in material breach of the INF Treaty and of the decision of the United States to suspend the application of the INF Treaty with respect to the United States.", "summary": "Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 2017 This bill states U.S. policy that: (1) Russian actions in violation of the the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of their Intermediate-Range and Shorter-Range Missiles (INF treaty) constitute a material breach, (2) the United States is legally entitled to suspend the treaty, and (3) the United States should take certain actions to bring Russia into compliance. The bill authorizes additional appropriations for: (1) development of active defenses to counter ground launched missile systems, (2) counterforce and countervailing capabilities, and (3) missile system transfers to allied countries. The Department of Defense shall: (1) establish a program to develop a dual-capable road-mobile ground-launched cruise missile system with a range of 500 to 5,500 kilometers; (2) report on the feasibility of modifying the tomahawk, standard missile-3, standard missile-6, long-range stand off cruise missile, and Army tactical missile for ground-launch with such range; and (3) report on the AEGIS Ashore sites with anti-air warfare capability necessary in Asia and Europe to defend U.S. forces and allies from Russian ground launched missile systems. The Director of National Intelligence, every 90 days for five years, shall determine whether Russia has flight tested, produced, or possesses a system that is inconsistent with the treaty and that has reached initial operational capability and is, or is about to be, deployed. No funds may be obligated or expended to extend the New START Treaty after 2021, permit Russian flights over the United States or U.S. allies pursuant to the Open Skies Treaty, permit the approval of new implementation decisions through the Open Skies Consultative Commission, or approve any license to export an item or technology to a Russian person or entity unless the President certifies that Russia has eliminated all missiles that are in violation of, or inconsistent with, the INF treaty. The Department of State shall conduct a review of Russia's RS-26 ballistic missile system. Upon a determination that Russia has flight-tested, produced, or is in possession of certain missiles, the President shall suspend the application of the INF treaty to the United States and notify the other state parties to the treaty of Russia's material breach of, and the U.S. decision to suspend, the treaty."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Radiation Experimentation Compensation Act of 1995''. SEC. 2. FINDINGS, PURPOSE, AND APOLOGY. (a) Findings.--The Congress finds that-- (1) since the 1940's, the Federal Government has intentionally conducted secret radiation experiments in the United States without the informed consent or knowledge of the individuals on whom the experiments were performed; (2) such radiation experiments included eighteen subjects of plutonium injection experiments, the subject of a zirconium injection experiment, and several subjects of total body irradiation experiments conducted during World War II; (3) the Federal Government performed such experiments not in order to achieve medical or health benefits for the individuals used in the tests, but for research purposes, to allow Federal Government scientists and health specialists to study the effects of radiation on the human body; (4) at the time of such experiments and in the years following the experiments, the Federal Government failed to inform the individuals tested, or their families, about the nature and effects of the tests; (5) the Federal Government has harmed the subjects of such radiation experiments; (6) the Congress presumes that the exposure to radiation of the subjects of such experiments has generated an excess of cancers and other debilitating diseases and health problems for such subjects; (7) the Federal Government should recognize that the lives and health of the innocent individuals who were the subjects of such experiments were put at risk by the individuals' unknowing and involuntary participation in radiation experiments; and (8) the Federal Government should assume responsibility for the harm caused by its actions regarding the experiments. (b) Purpose.--It is the purpose of this Act to establish a procedure to make partial restitution to the individuals described in subsection (a) for the burdens they have borne for the Nation as a whole, although monetary compensation can never fully compensate them. (c) Apology.--The Congress apologizes on behalf of the Nation to the individuals described in subsection (a) and their families for the hardships they have endured because of the experiments described in subsection (a). SEC. 3. TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Radiation Experimentation Compensation Trust Fund'' (in this Act referred to as the ``Fund''), which shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the Fund. (c) Availability of Fund.--Amounts in the Fund shall be available only for disbursement by the Attorney General under section 5. (d) Termination.-- (1) Time of termination.--The Fund shall terminate not later than the earlier of-- (A) the date on which the amount authorized to be appropriated to the Fund by subsection (e), and any income earned on such amount, have been expended from the Fund; or (B) 22 years after the date of the enactment of this Act. (2) Amounts remaining in fund.--At the end of the 22-year period referred to in paragraph (1)(B), if all of the amounts in the Fund have not been expended, investments of amounts in the Fund shall be liquidated, the receipts of such liquidation shall be deposited in the Fund, and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Fund $2,500,000. Any amount appropriated pursuant to this subsection is authorized to remain available until expended. SEC. 4. CLAIMS ELIGIBLE FOR PAYMENT. (a) In General.--Any individual who, without the individual's informed consent, was intentionally injected with plutonium or zirconium, or exposed to total body radiation, as a subject in an experiment of the Federal Government at any time during the period beginning on January 1, 1940, and ending on December 31, 1974, shall receive $50,000 if-- (1) a claim for such payment is filed with the Attorney General by or on behalf of such individual; and (2) the Attorney General determines, in accordance with section 5(b), that the claim meets the requirements of this Act. (b) Definitions.--For purposes of this section: (1) The term ``experiment'' means a test or other action that is conducted primarily for research purposes to determine the effect of exposure to radiation on the human body. (2) The term ``Federal Government'' means-- (A) the legislative, judicial, or executive branch of the government of the United States, or any agency or instrumentality of such a branch; (B) any person or entity whose actions regarding an experiment under which humans were injected with plutonium or zirconium, or exposed to total body radiation, were funded in any manner, approved, authorized, supervised, or contracted for, by an entity referred to in subparagraph (A); or (C) any person or entity that was funded in any manner, approved, authorized, supervised, or contracted with, wholly or partially, by an entity referred to in subparagraph (A) during a time period in which an entity referred to in subparagraph (A) had knowledge that such person or entity was conducting any experiment under which humans were injected with plutonium or zirconium, or exposed to total body radiation. (3) The term ``informed consent'' means consent by an individual (or the individual's parent or legal guardian, in the case of an individual who was a minor or was incompetent at the relevant time), to the individual's participation in an experiment, after a full disclosure of the nature and purpose of the experiment and its possible consequences that was sufficient to allow the individual (or the individual's parent or legal guardian, in the case of an individual who was a minor or was incompetent at the relevant time) to intelligently exercise judgment to decide whether the individual should participate in the experiment. SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS. (a) Establishment of Filing Procedures.--The Attorney General shall establish procedures under which individuals may submit claims for payments under this Act. (b) Determination of Claims.--For each claim filed under this Act, the Attorney General shall determine whether the claim meets the requirements of section 4(a). (c) Payment of Claims.-- (1) In general.--The Attorney General shall pay, from amounts available in the Fund, each claim that the Attorney General determines meets the requirements of this Act. (2) Offset of payment.-- (A) Offset of payment made under this Act.--A payment under this Act to or on behalf of an individual described in section 4(a) shall be offset by the amount of any payment made to or on behalf of the individual pursuant to a final award or settlement on a claim (other than a claim for worker's compensation) against any person, that is based on the individual's participation in an experiment that is the basis for the payment under this Act, including any payment under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note). (B) Offset of payment made under radiation exposure compensation act.--For purposes of section 6(c)(2) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note), a payment made under this Act shall be considered to be a final award or settlement on a claim described in subparagraphs (A) and (B) of such section. (3) Right of subrogation.--Upon payment of a claim under this section, the Federal Government is subrogated, for the amount of the payment, to any right or claim that the individual to whom the payment was made may have against any person on account of participation in an experiment that is the basis for the payment made under this Act. (4) Payments in case of deceased persons.-- (A) In general.--In the case of an individual who is deceased at the time of payment under this section, such payment may be made only as follows: (i) If the individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (ii) If the individual is not survived by a spouse described in clause (i), such payment shall be made in equal shares to the children of the individual who are living at the time of payment. (iii) If the individual is not survived by a person described in clause (i) or (ii), such payment shall be made in equal shares to the parents of the individual who are living at the time of payment. (iv) If the individual is not survived by a person described in any of clauses (i) through (iii), such payment shall be made in equal shares to the grandchildren of the individual who are living at the time of payment. (v) If the individual is not survived by a person described in any of clauses (i) through (iv), such payment shall be made in equal shares to the siblings of the individual who are living at the time of payment. (vi) If the individual is not survived by a person described in any of clauses (i) through (v), then such payment shall be made in equal shares to the grandparents of the individual who are living at the time of payment. (B) Filing of claim by survivor.--If an individual eligible for payment under this Act dies before filing a claim under this Act, a survivor of the individual who may receive payment under subparagraph (A) may file a claim for such payment on the individual's behalf. (C) Definitions.--For purposes of this paragraph: (i) The term ``child'' includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child. (ii) The term ``grandchild of the individual'' means a child of a child of the individual. (iii) The term ``grandparent of the individual'' means a parent of a parent of the individual. (iv) The term ``parent'' includes fathers and mothers through adoption. (v) The term ``sibling of the individual'' means a child of the parent or parents of the individual. (vi) The term ``spouse'' means a person who was married to the relevant individual for at least the 12 months immediately preceding the death of the individual. (d) Action on Claims.--Within 18 months after the filing of any claim under this Act-- (1) the Attorney General shall make the determination required by subsection (b) regarding the claim; and (2) if the claim is determined to meet the requirements of section 4(a), the Attorney General shall make the payment required by subsection (c)(1). (e) Settlement in Full of Claims Against United States.--Payment under this Act, when accepted by an individual, or the individual's survivors, shall be in full satisfaction of all claims of or on behalf of the individual against the United States that arise out of the participation in the experiment that is the basis for the payment made under this Act. (f) Administrative Costs Not Deducted From Payment.--No costs incurred by the Attorney General in carrying out this Act may be paid from, set off against, or otherwise deducted from any payment made under subsection (c)(1). (g) Termination of Duties of Attorney General.--The duties of the Attorney General under this section shall cease when the Fund terminates. (h) Treatment of Payments Under Other Laws.--A payment under subsection (c)(1) to an individual-- (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be considered as income or resources for purposes of determining the individual's eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits. (i) Use of Existing Resources.--The Attorney General should, to the extent available, use funds and resources available to the Attorney General to carry out the Attorney General's functions under this Act. (j) Regulatory Authority.--The Attorney General may issue regulations necessary to carry out this Act. (k) Issuance of Regulations and Procedures.--The initial regulations and procedures to carry out this Act shall be issued not later than 120 days after the date of the enactment of this Act. (l) Judicial Review.--An individual whose claim for compensation under this Act is denied may seek initial judicial review solely in a district court of the United States. The court shall review the denial on the administrative record and shall hold unlawful and set aside the denial if it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Such an individual may appeal the decision of the district court to the appropriate higher Federal courts. SEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE. No claim under this Act shall be assignable or transferable. SEC. 7. LIMITATION ON CLAIMS. An individual, or the individual's survivors, may not receive payment under section 5(c)(1) unless a claim by or on behalf of the individual is filed under this Act within 20 years after the date of the enactment of this Act. SEC. 8. ATTORNEY OR AGENT FEES. The agent, attorney, or other representative of an individual or of an individual's survivor may not receive, for services rendered in connection with a claim made under this Act, an amount equal to more than 10 percent of the payment made under this Act on such claim. Any person who violates this section shall be guilty of an infraction and shall be subject to a fine in the amount provided in title 18, United States Code. SEC. 9. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. A payment made under section 5(c)(1) shall not be considered a form of compensation, or reimbursement for a loss, for purposes of imposing liability on the individual who receives the payment to repay any insurance carrier for insurance payments, or to repay any person on account of worker's compensation payments. A payment under this Act shall not affect any claim against an insurance carrier with respect to insurance, or against any person with respect to worker's compensation. SEC. 10. BUDGET COMPLIANCE. No authority under this Act to enter into contracts or to make payments shall be effective in any fiscal year except to such extent or in such amounts as are provided in advance in appropriations Acts.", "summary": "Radiation Experimentation Compensation Act of 1995 - Apologizes on behalf of the Nation to the individuals who were the subjects of radiation experiments conducted by the Federal Government, as well as to their families for the hardships they have endured as a result. Establishes in the Treasury the Radiation Experimentation Compensation Trust Fund for compensating the subjects of experiments conducted between January 1, 1940, and December 31, 1974, during which the subjects were intentionally injected with plutonium or zirconium, or exposed to total body radiation, without their informed consent. Authorizes appropriations. Directs the Attorney General to establish procedures for the submission of claims and for payment from amounts in the Fund of each claim meeting the requirements of this Act. Provides for payments in cases of deceased experimental subjects. States that payments under this Act which are accepted by a subject or the subject's survivors shall be in full satisfaction of all claims of or on behalf of the subject against the United States arising out of the subject's participation in the experiment. Provides that a payment under this Act shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to workers' compensation. Provides for judicial review of denied claims. Establishes a time limit for the filing of claims of 20 years after enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Fair Trade in Motor Vehicle Parts Act of 1993''. (b) Definitions.--For purposes of this Act-- (1) Motor vehicle and motor vehicle parts.-- (A) The term ``motor vehicle'' means any article of a kind described in heading 8703 or 8704 of the Harmonized Tariff Schedule of the United States. (B) The term ``motor vehicle parts'' means articles of a kind described in the following provisions of the Harmonized Tariff Schedule of the United States if suitable for use in the manufacture or repair of motor vehicles: (i) Subheadings 8407.31.00 through 8407.34.20 (relating to spark-ignition reciprocating or rotary internal combustion piston engines). (ii) Subheading 8408.20 (relating to the compression-ignition internal combustion engines). (iii) Subheading 8409 (relating to parts suitable for use solely or principally with engines described in clauses (i) and (ii)). (iv) Subheading 8483 (relating to transmission shafts and related parts). (v) Subheadings 8706.00.10 and 8706.00.15 (relating to chassis fitted with engines). (vi) Heading 8707 (relating to motor vehicle bodies). (vii) Heading 8708 (relating to bumpers, brakes and servo brakes, gear boxes, drive axles, nondriving axles, road wheels, suspension shock absorbers, radiators, mufflers and exhaust pipes, clutches, steering wheels, steering columns, steering boxes, and other parts and accessories of motor vehicles). The Secretary shall by regulation include as motor vehicle parts such other articles (described by classification under such Harmonized Tariff Schedule) that the Secretary considers appropriate to carry out this Act. (2) United states motor vehicle parts manufacturer.--The term ``United States motor vehicle parts manufacturer'' means a manufacturer of motor vehicle parts that-- (A) has one or more motor vehicle parts manufacturing facilities located within the United States, and (B)(i) is not owned or controlled by a natural person who is a citizen of a deficit foreign country; and (ii) is not owned or controlled by a corporation or other legal entity, wherever located, which is owned or controlled by-- (I) natural persons who are citizens of a deficit foreign country, or (II) another corporation or other legal entity that is owned or controlled by natural persons who are citizens of a deficit foreign country. (3) United states motor vehicle parts.--The term ``United States motor vehicle parts'' means motor vehicle parts produced by United States motor vehicle parts manufacturers in the United States. (4) Deficit foreign country.--The term ``deficit foreign country'' means any country with which the United States merchandise trade balance with respect to motor vehicle parts was in deficit in an amount of $5,000,000,000 or more for each of the 3 most recent calendar years for which data are available. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (6) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. TITLE I--TRADE REMEDY ACTIONS SEC. 101. ``301'' ACTION WITH RESPECT TO BARRIERS TO MARKET ACCESS OF UNITED STATES-MADE MOTOR VEHICLE PARTS. (a) In General.--On the 45th day after the date of the enactment of this Act, any act, policy, or practice of a deficit foreign country that adversely affects the access to such country's market of motor vehicle parts produced by United States motor vehicle parts manufacturers (including, but not limited to, any act, policy, or practice utilized in such country's motor vehicle distribution system) shall, for purposes of title III of the Trade Act of 1974, be considered as an act, policy, or practice of a foreign country that is unjustifiable and burdens or restricts United States commerce. The Trade Representative shall immediately proceed to determine, in accordance with section 304(a)(1)(B) of such Act, what action to take under section 301(a) of such Act to obtain the elimination of such act, policy, or practice. (b) Negotiation Agenda.--If the Trade Representative decides to take action referred to in section 301(c)(1)(C) of the Trade Act of 1974 with respect to an act, policy, or practice referred to in subsection (a), the agenda for negotiations shall include-- (1) guarantees for sales in the deficit foreign country's market of motor vehicle parts produced in the United States by United States motor vehicle parts manufacturers in an aggregate amount equal to the percentage of such market that would be held by motor vehicle parts produced by United States motor vehicle parts manufacturers if the unfair act, policy, or practice did not exist; (2) the elimination or modification of the aspects of the deficit foreign country's motor vehicle distribution system (and any other act, policy, or practice) that act as a barrier to the access to the foreign country's market of motor vehicle parts produced in the United States by United States motor vehicle parts manufacturers; and (3) the establishment of procedures for the exchange of information between the appropriate agencies of the United States and the deficit foreign country's government that will permit an accurate assessment of bilateral trade in motor vehicle parts, particularly with respect to the purchase of motor vehicle parts produced in the United States by United States motor vehicle parts manufacturers for use by foreign sources in the foreign country's market. (c) Additional Estimates and Consequential Effect.-- (1) Estimate.--If the Trade Representative decides to take action under section 301(c)(1)(C) of the Trade Act of 1974, the Trade Representative shall promptly estimate, on the basis of the best information available-- (A) the percentage share of the deficit foreign country's market for motor vehicle parts that is currently accounted for by motor vehicle parts produced in the United States by United States motor vehicle parts manufacturers; (B) the percentage share of the deficit foreign country's market for motor vehicle parts which would be accounted for by United States motor vehicle parts if an act, policy, or practice referred to in subsection (a) did not exist; and (C) the dollar value of the difference between the percentage shares estimated under subparagraphs (A) and (B). (2) Subsequent action.--If the negotiations referred to in subsection (b) are unsuccessful, any action subsequently taken under section 301 of the Trade Act of 1974 in response to the deficit foreign country's acts, policies, or practices shall be substantially equivalent to the dollar value estimated under paragraph (1)(C). SEC. 102. ANTIDUMPING INVESTIGATION REGARDING MOTOR VEHICLE PARTS OF DEFICIT FOREIGN COUNTRIES. Not later than 60 days after the date of the enactment of this Act, the Secretary shall commence an investigation under section 732(a) of the Tariff Act of 1930 to determine if imports of motor vehicle parts into the United States that are products of any deficit foreign country, or sales (or the likelihood of sales) of such parts for importation into the United States, constitute grounds for the imposition of antidumping duties under section 731 of such Act. TITLE II--EXTENSION AND MODIFICATION OF FAIR TRADE IN AUTO PARTS ACT SEC. 201. EXTENSION AND MODIFICATION OF FAIR TRADE IN AUTO PARTS ACT. (a) In General.--Section 2125 of the Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4704) is amended by striking ``December 31, 1993'' and inserting ``December 31, 1998''. (b) Functions of Secretary of Commerce.--Section 2123(b) of the Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4702(b)) is amended by striking ``and'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``; and'', and by adding at the end the following new paragraph: ``(8) coordinate-- ``(A) United States policy regarding auto parts and the market for auto parts; and ``(B) the sharing of data and market information among the relevant departments and agencies of the United States Government, including the Department of the Treasury, the Department of Justice, the Department of Commerce, and the Office of the United States Trade Representative.''. (c) Definitions.--Section 2122 of the Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4701 note) is amended-- (1) by striking ``For purposes of'' and inserting ``(a) Japanese Markets.--For purposes of''; (2) by adding at the end the following new subsection: ``(b) Other Definitions.--For purposes of this part: ``(1) The term `auto parts and accessories' has the meaning given the term `motor vehicle parts' in section 1(b)(1)(B) of the Fair Trade in Motor Vehicle Parts Act of 1993. ``(2) The term `United States auto parts manufacturer' means a manufacturer of auto parts that-- ``(A) has one or more auto parts manufacturing facilities located within the United States, and ``(B)(i) is not owned or controlled by a natural person who is a citizen of Japan; and ``(ii) is not owned or controlled by a corporation or other legal entity, wherever located, which is owned or controlled by-- ``(I) natural persons who are citizens of Japan, or ``(II) another corporation or other legal entity that is owned or controlled by natural persons who are citizens of Japan. ``(3) The terms `United States-made auto parts and accessories' and `United States-made auto parts' have the meaning given the term `United States motor vehicle parts' in section 1(b)(3) of the Fair Trade in Motor Vehicle Parts Act of 1993.''; and (3) by striking ``definition'' in the heading and inserting ``definitions''.", "summary": "TABLE OF CONTENTS: Title I: Trade Remedy Actions Title II: Extension and Modification of Fair Trade in Auto Parts Act Fair Trade in Motor Vehicle Parts Act of 1993 - Title I: Trade Remedy Actions - Declares that any act, policy, or practice of a deficit foreign country that adversely affects the access to its market of U.S. motor vehicle parts (including, but not limited to, any act, policy, or practice utilized in such country's motor vehicle distribution system) shall, for purposes of \"301\" action under the Trade Act of 1974, be considered as an act, policy, or practice that is unjustifiable and burdens or restricts U.S. commerce. Directs the United States Trade Representative (USTR) to determine what action to take under the Act to eliminate such act, policy, or practice. Requires an agenda for negotiations with countries the USTR has taken action against to include: (1) a certain percentage of guaranteed sales in the deficit foreign country's market of U.S. motor vehicle parts; (2) the elimination or modification of the aspects of such country's motor vehicle distribution system that act as a barrier to U.S. motor vehicle parts; and (3) the exchange between such country and the United States of information concerning bilateral trade in such parts. Requires the USTR to make certain estimates with respect to the current percentage of such country's market for motor vehicle parts that is accounted for by U.S. motor vehicle parts. Requires the Secretary of Commerce (Secretary) to commence an antidumping duty investigation to determine if imports of motor vehicle parts from a deficit foreign country, or sales (or the likelihood of sales) of such imports, constitute grounds for the imposition of antidumping duties. Title II: Extension and Modification of Fair Trade in Auto Parts Act - Amends the Fair Trade in Auto Parts Act of 1988 to extend such Act through December 31, 1998. Directs the Secretary, among other things, to coordinate: (1) U.S. policy regarding auto parts and the market for auto parts by the Japanese; and (2) the sharing of data and market information among U.S. agencies, including the Department of the Treasury, the Department of Justice, the Department of Commerce, and the Office of the USTR."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Amendments Act of 1994''. SEC. 2. AMENDMENTS TO THE JUDICIARY AUTOMATION FUND. Section 612 of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) in the second sentence by inserting after ``equipment for'' the following: ``program activities included in the courts of appeals, district courts, and other judicial services account of''; and (B) in the third sentence by striking out all after ``personal services'' and inserting in lieu thereof ``, support personnel in the courts and in the Administrative Office of the United States Courts, and other costs, for the effective management, coordination, operation, and use of automatic data processing equipment purchased by the Fund. In addition, all agencies of the judiciary may make deposits into the Fund to meet their automatic data processing needs in accordance with subsections (b) and (c)(2).''; (2) in subsection (b)(1) by striking out ``judicial branch'' and inserting in lieu thereof ``activities funded under subsection (a) and shall include an annual estimate of any fees that may be collected under section 404 of the Judiciary Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2133)''; (3) in subsection (b)(2) by striking out ``judicial branch of the United States'' and inserting in lieu thereof ``activities funded under subsection (a)''; (4) in subsection (c)(1)(A), by inserting after ``surplus property'' the following: ``, all fees collected after the date of the enactment of the Judicial Amendments Act of 1994 by the judiciary under section 404 of the Judiciary Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2133)''; (5) in subsection (e)(1)-- (A) by striking out ``(A)''; and (B) by striking out ``$75,000,000'' and inserting in lieu thereof ``amounts estimated to be collected under subsection (c) for that fiscal year''; (6) in subsection (h) by amending the subsection to read as follows: ``(h) Annual Report.-- ``(1) In general.--The Director shall submit to the Congress an annual report on the operation of the Fund, including on the inventory, use, and acquisition of automatic data processing equipment from the Fund and the consistency of such acquisition with the plan prepared under subsection (b). The report shall set forth the amounts deposited into the Fund under subsection (c). ``(2) Additional contents of report.--The annual report submitted under this subsection shall include-- ``(A) the specific actions taken and the progress made to improve the plan developed under subsection (b) and the long range automation plan and strategic business plan developed under subsection (k); and ``(B) a comparison of planned Fund expenditures and accomplishments with actual Fund expenditures and accomplishments, and the reasons for any delays in scheduled systems development, or budget overruns. ``(3) Report in year of termination of authority.--The annual report submitted under this subsection for any year in which the authority for this section is to terminate under subsection (m), shall be submitted no later than 9 months before the date of such termination.''; (7) in subsection (i) by striking out all after ``Judicial Conference of the United States,'' and inserting in lieu thereof ``may transfer amounts up to $1,000,000 from the Fund into the account to which the funds were originally appropriated. Any amounts transferred from the Fund in excess of $1,000,000 in any fiscal year may only be transferred by following reprogramming procedures in compliance with section 606 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2227).''; (8) in subsection (j) in the second sentence by inserting ``in statute'' after ``not specified''; (9) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and by inserting after subsection (j) the following new subsection: ``(k) Long Range Management and Business Plans.--The Director of the Administrative Office of the United States Court shall-- ``(1) develop an overall strategic business plan which would identify the judiciary's missions, goals, and objectives; ``(2) develop a long range automation plan based on the strategic business plan and user needs assessments; ``(3) establish effective Administrative Office oversight of court automation efforts to ensure the effective operation of existing systems and control over developments of future systems; ``(4) expedite efforts to complete the development and implementation of life cycle management standards; ``(5) utilize the standards in developing the next generation of case management and financial systems; and ``(6) assess the current utilization and future user requirements of the data communications network.''; and (10) in subsection (m) (as redesignated under paragraph (9)) of this section-- (A) in the first sentence by striking out ``1994'', and inserting in lieu thereof, ``1997''; and (B) in the second sentence by striking out ```Judicial Services Account''' and inserting in lieu thereof ``fund established under section 1931 of this title''. SEC. 3. COURT ARBITRATION AUTHORIZATION. (a) Authorization of Appropriations.--Section 905 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 651 note) is amended-- (1) in the first sentence by striking out ``for the fiscal year ending September 30, 1989, and for each of the succeeding 7 fiscal years,'' and inserting in lieu thereof ``for each of the fiscal years 1994 through 1997''; and (2) in the third sentence by striking out all beginning with ``, except that'' through ``this Act''. (b) Removal of Repealer.--Section 906 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 651 note), and the item relating to such section in the table of contents contained in section 3 of such Act, are repealed. SEC. 4. EXTENSION OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PILOT PROGRAMS. Section 105 of the Civil Justice Reform Act of 1990 (28 U.S.C. 471 note; 104 Stat. 5097) is amended-- (1) in subsection (a)(1) by striking out ``4-year period'' and inserting in lieu thereof ``5-year period''; (2) in subsection (b)(3)-- (A) in the first sentence by striking out ``3 years'' and inserting in lieu thereof ``4 years''; and (B) in the second sentence by striking out ``3-year period'' and inserting in lieu thereof ``4-year period''; and (3) in subsection (c)(1) by striking out ``December 31, 1995,'' and inserting in lieu thereof ``December 31, 1996,''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Judicial Amendments Act of 1994 - Amends the Federal judicial code to make moneys in the Judiciary Automation Fund available to the Director of the Administrative Office of the United States Courts for: (1) the procurement of automatic data processing equipment (equipment) for program activities included in the courts of appeals, district courts, and other judicial services account of the judicial branch; and (2) support personnel in the courts and in the Administrative Office. Authorizes all agencies of the judiciary to make deposits into the Fund. Requires the Director to develop and annually revise a long range plan for meeting the equipment needs of the activities funded, including an annual estimate of certain fees that may be collected under the Judiciary Appropriations Act, 1991. Provides for the deposit into the Fund of such fees. Requires the Director's annual report to the Congress on the operation of the Fund to include: (1) the specific actions taken and progress made to improve the plan developed, the long range automation plan, and the strategic business plan; and (2) a comparison of planned and actual Fund expenditures and accomplishments and reasons for any delays in scheduled systems development or budget overruns. Authorizes the Director to transfer amounts up to $1 million from the Fund into the account to which the Funds were originally appropriated, with amounts in excess of that sum in any fiscal year permitted to be transferred only by following specified reprogramming procedures. Requires the Director to: (1) develop an overall strategic business plan which would identify the judiciary's missions, goals, and objectives, and a long range automation plan based on the strategic business plan and user needs assessments; (2) establish effective Administrative Office oversight of court automation efforts; (3) expedited efforts to complete the development and implementation of life cycle management standards; (4) utilize the standards in developing the next generation of case management and financial systems; and (5) assess the current utilization and future user requirements of the data communications network. Amends: (1) the Judicial Improvements and Access to Justice Act to authorize appropriations for court arbitration; and (2) the Civil Justice Reform Act of 1990 to extend civil justice expense and delay reduction pilot programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom Preservation Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) The Internet has had profound benefits for numerous aspects of daily life for millions of people throughout the United States and is increasingly vital to the economy of the United States. (2) The importance of the broadband marketplace to citizens, communities, and commerce warrants a thorough inquiry to obtain input and ideas for a variety of broadband policies that will promote openness, competition, innovation, and affordable, ubiquitous broadband service for all individuals in the United States. SEC. 3. BROADBAND POLICY. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following new section: ``SEC. 12. BROADBAND POLICY. ``It is the policy of the United States-- ``(1) to maintain the freedom to use for lawful purposes broadband telecommunications networks, including the Internet, without unreasonable interference from or discrimination by network operators, as has been the policy and history of the Internet and the basis of user expectations since its inception; ``(2) to ensure that the Internet remains a vital force in the United States economy, thereby enabling the Nation to preserve its global leadership in online commerce and technological innovation; ``(3) to preserve and promote the open and interconnected nature of broadband networks that enable consumers to reach, and service providers to offer, lawful content, applications, and services of their choosing, using their selection of devices, as long as such devices do not harm the network; and ``(4) to safeguard the open marketplace of ideas on the Internet by adopting and enforcing baseline protections to guard against unreasonable discriminatory favoritism for, or degradation of, content by network operators based upon its source, ownership, or destination on the Internet.''. SEC. 4. INTERNET FREEDOM ASSESSMENT. (a) Internet Freedom Assessment Required.-- (1) In general.--Within 90 days after the date of the enactment of this Act, the Federal Communications Commission (in this Act referred to as the ``Commission'') shall commence a proceeding on broadband services and consumer rights. (2) Specific requirements.--As part of the proceeding under this section, the Commission shall assess-- (A) whether broadband network providers adhere to the Commission's Broadband Policy Statement of August, 2005 (FCC 05-151), including whether, consistent with the needs of law enforcement, such providers refrain from blocking, thwarting, or unreasonably interfering with the ability of consumers to-- (i) access, use, send, receive, or offer lawful content, applications, or services over broadband networks, including the Internet; (ii) use lawful applications and services of their choice; and (iii) attach or connect their choice of legal devices to use in conjunction with their broadband telecommunications or information services, provided such devices do not harm the network; (B) whether broadband network providers add charges for quality of service, or other similar additional fees or surcharges, to certain Internet applications and service providers, and whether such pricing conflicts with the policies of the United States stated in section 12 of the Communications Act of 1934 (as added by section 3 of this Act); (C) whether broadband network providers offer to consumers parental control protection tools, services to combat unsolicited commercial electronic mail, and other similar consumer services, the manner in which such services are offered, and the extent to which such services are consistent with such policies of the United States; (D) practices by which network providers manage or prioritize network traffic, including prioritization for emergency communications, and whether and in what instances such practices may be consistent with such policies of the United States; (E) with respect to content, applications, and services-- (i) the historic economic benefits of an open platform; (ii) the relationship between competition in the broadband Internet access market and an open platform; and (iii) the policy choices and results of global competitors with respect to access competition and an open platform; (F) whether the need for enforceable rules governing openness, consumer rights, and consumer protections or prohibiting unreasonable discrimination is lessened if a broadband network provider provides significantly high bandwidth speeds to consumers; and (G) the potential of policies promoting openness in spectrum allocation, universal service programs, and video franchising to expand innovation through protection from unreasonable interference by network owners of an open marketplace for speech and commerce in content, applications, and services. (b) Public Broadband Summits Required.-- (1) In general.--As part of the proceeding required under subsection (a), and within 1 year after the date of the enactment of this Act, the Commission shall conduct a minimum of 8 public broadband summits, in geographically diverse locations, around the United States. The Commission shall publicly announce the time and location of each such summit at least 30 days in advance. (2) Purpose of public broadband summits.--Such public broadband summits shall seek to bring together, among others, consumers, consumer advocates, small business owners, corporations, venture capitalists, State and local governments, academia, labor organizations, religious organizations, representatives of higher education, primary and secondary schools, public libraries, public safety, and the technology sector to assess competition, consumer protection, and consumer choice issues related to broadband Internet access services. (c) Internet Input.--As part of the proceeding required under subsection (a), the Commission shall seek to utilize broadband technology to encourage input from and communication with the people of the United States through the Internet in a manner that will maximize the ability of such people to participate in such proceeding. (d) Report to Congress.--Within 90 days after completing the summits under subsection (b), the Commission shall submit a report to Congress-- (1) summarizing the results of the assessment under subsection (a), including information gained from the public summits under subsection (b); and (2) providing recommendations on how to promote competition, safeguard free speech, and ensure robust consumer protections and consumer choice relating to broadband Internet access services.", "summary": "Internet Freedom Preservation Act of 2008 - Amends the Communications Act of 1934 to declare that it is U.S. policy to: (1) maintain the freedom to use broadband telecommunications networks, including the Internet, without unreasonable interference from or discrimination by network operators; (2) enable the United States to preserve its global leadership in online commerce and technological innovation; (3) promote the open and interconnected nature of broadband networks that enable consumers to reach, and service providers to offer, content, applications, and services of their choosing; and (4) guard against unreasonable discriminatory favoritism for, or degradation of, content by network operators based upon its source, ownership, or destination on the Internet. Requires the Federal Communications Commission (FCC) to commence a proceeding on broadband services and consumer rights, including assessing whether broadband network providers: (1) refrain from unreasonably interfering with the ability of consumers to access, use, send, receive, or offer content, applications, or services of their choice, and attach or connect their choice of devices; and (2) add charges for quality of service to certain Internet applications and service providers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure Improvement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Municipality.--The term ``municipality'' has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). SEC. 3. INTEGRATED PLANS. (a) Integrated Plans.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(s) Integrated Plans.-- ``(1) Definition of integrated plan.--In this subsection, the term `integrated plan' means a plan developed in accordance with the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and dated June 5, 2012. ``(2) In general.--The Administrator (or a State, in the case of a permit program approved by the Administrator) shall inform municipalities of the opportunity to develop an integrated plan that may be incorporated into a permit under this section. ``(3) Scope.-- ``(A) Scope of permit incorporating integrated plan.--A permit issued under this section that incorporates an integrated plan may integrate all requirements under this Act addressed in the integrated plan, including requirements relating to-- ``(i) a combined sewer overflow; ``(ii) a capacity, management, operation, and maintenance program for sanitary sewer collection systems; ``(iii) a municipal stormwater discharge; ``(iv) a municipal wastewater discharge; and ``(v) a water quality-based effluent limitation to implement an applicable wasteload allocation in a total maximum daily load. ``(B) Inclusions in integrated plan.--An integrated plan incorporated into a permit issued under this section may include the implementation of-- ``(i) projects, including innovative projects, to reclaim, recycle, or reuse water; and ``(ii) green infrastructure. ``(4) Compliance schedules.-- ``(A) In general.--A permit issued under this section that incorporates an integrated plan may include a schedule of compliance, under which actions taken to meet any applicable water quality-based effluent limitation may be implemented over more than 1 permit term if the schedule of compliance-- ``(i) is authorized by State water quality standards; and ``(ii) meets the requirements of section 122.47 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subsection). ``(B) Time for compliance.--For purposes of subparagraph (A)(ii), the requirement of section 122.47 of title 40, Code of Federal Regulations, for compliance by an applicable statutory deadline under this Act does not prohibit implementation of an applicable water quality-based effluent limitation over more than 1 permit term. ``(C) Review.--A schedule of compliance incorporated into a permit issued under this section may be reviewed at the time the permit is renewed to determine whether the schedule should be modified. ``(5) Existing authorities retained.-- ``(A) Applicable standards.--Nothing in this subsection modifies any obligation to comply with applicable technology and water quality-based effluent limitations under this Act. ``(B) Flexibility.--Nothing in this subsection reduces or eliminates any flexibility available under this Act, including the authority of a State to revise a water quality standard after a use attainability analysis under section 131.10(g) of title 40, Code of Federal Regulations (or a successor regulation), subject to the approval of the Administrator under section 303(c). ``(6) Clarification of state authority.-- ``(A) In general.--Nothing in section 301(b)(1)(C) precludes a State from authorizing in the water quality standards of the State the issuance of a schedule of compliance to meet water quality-based effluent limitations in permits that incorporate provisions of an integrated plan. ``(B) Transition rule.--In any case in which a discharge is subject to a judicial order or consent decree, as of the date of enactment of this subsection, resolving an enforcement action under this Act, any schedule of compliance issued pursuant to an authorization in a State water quality standard may not revise a schedule of compliance in that order or decree to be less stringent, unless the order or decree is modified by agreement of the parties and the court.''. (b) Implementation of Integrated Plans Through Enforcement Tools.-- Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) Implementation of Integrated Plans.-- ``(1) In general.--In conjunction with an enforcement action under subsection (a) or (b) relating to municipal discharges, the Administrator shall inform a municipality of the opportunity to develop an integrated plan, as defined in section 402(s). ``(2) Modification.--Any municipality under an administrative order under subsection (a) or settlement agreement (including a judicial consent decree) under subsection (b) that has developed an integrated plan consistent with section 402(s) may request a modification of the administrative order or settlement agreement based on that integrated plan.''. (c) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make publicly available, a report on each integrated plan developed and implemented through a permit, order, or judicial consent decree pursuant to the Federal Water Pollution Control Act since the date of publication of the ``Integrated Municipal Stormwater and Wastewater Planning Approach Framework'' issued by the Environmental Protection Agency and dated June 5, 2012, including a description of the control measures, levels of control, estimated costs, and compliance schedules for the requirements implemented through such an integrated plan. SEC. 4. MUNICIPAL OMBUDSMAN. (a) Establishment.--There is established within the Office of the Administrator an Office of the Municipal Ombudsman, to be headed by a Municipal Ombudsman. (b) General Duties.--The duties of the Municipal Ombudsman shall include the provision of-- (1) technical assistance to municipalities seeking to comply with the Federal Water Pollution Control Act; and (2) information to the Administrator to help the Administrator ensure that agency policies are implemented by all offices of the Environmental Protection Agency, including regional offices. (c) Actions Required.--The Municipal Ombudsman shall work with appropriate offices at the headquarters and regional offices of the Environmental Protection Agency to ensure that a municipality seeking assistance is provided information regarding-- (1) available Federal financial assistance for which the municipality is eligible; (2) flexibility available under the Federal Water Pollution Control Act; and (3) the opportunity to develop an integrated plan under section 402(s) of the Federal Water Pollution Control Act. (d) Information Sharing.--The Municipal Ombudsman shall publish on the website of the Environmental Protection Agency-- (1) general information relating to-- (A) the technical assistance referred to in subsection (b)(1); (B) the financial assistance referred to in subsection (c)(1); (C) the flexibility referred to in subsection (c)(2); and (D) any resources developed by the Administrator related to integrated plans under section 402(s) of the Federal Water Pollution Control Act; and (2) a copy of each permit, order, or judicial consent decree that implements or incorporates such an integrated plan. SEC. 5. GREEN INFRASTRUCTURE. (a) Definition.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(27) Green infrastructure.--The term `green infrastructure' means the range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters.''. (b) Green Infrastructure Promotion.--Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended-- (1) by redesignating section 519 as section 520; and (2) by inserting after section 518 the following: ``SEC. 519. GREEN INFRASTRUCTURE PROMOTION. ``(a) In General.--The Administrator shall promote the use of green infrastructure in, and coordinate the integration of green infrastructure into, permitting and enforcement under this Act, planning efforts, research, technical assistance, and funding guidance of the Environmental Protection Agency. ``(b) Coordination of Efforts.--The Administrator shall ensure that the Office of Water coordinates efforts to increase the use of green infrastructure with-- ``(1) other Federal departments and agencies; ``(2) State, tribal, and local governments; and ``(3) the private sector. ``(c) Regional Green Infrastructure Promotion.--The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, and consistent with the requirements of this Act, to promote and integrate the use of green infrastructure within the region, including through-- ``(1) outreach and training regarding green infrastructure implementation for State, tribal, and local governments, tribal communities, and the private sector; and ``(2) the incorporation of green infrastructure into permitting and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and settlement agreements in enforcement actions. ``(d) Green Infrastructure Information-Sharing.--The Administrator shall promote green infrastructure information-sharing, including through an internet website, to share information with, and provide technical assistance to, State, tribal, and local governments, tribal communities, the private sector, and the public, regarding green infrastructure approaches for-- ``(1) reducing water pollution; ``(2) protecting water resources; ``(3) complying with regulatory requirements; and ``(4) achieving other environmental, public health, and community goals.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Water Infrastructure Improvement Act (Sec. 3) This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to allow municipalities to develop a plan that integrates wastewater and stormwater management. A permit for a municipal discharge under the national pollutant discharge elimination system that incorporates an integrated plan may integrate all requirements under the Act addressed in the plan, such as requirements relating to combined sewer overflows, sanitary sewer collection systems, and total maximum daily loads. A plan that is incorporated into a permit may include the implementation of green infrastructure and projects to reclaim, recycle, or reuse water. Green infrastructure includes measures that mimic natural processes to store, reuse, or reduce stormwater. Those permits may include a schedule of compliance that allows actions for meeting water quality-based effluent limitations to be implemented over more than one permit term if the compliance schedules are authorized by state water quality standards. A municipality under an administrative order or settlement agreement may request a modification of the order or settlement based on the municipality's integrated plan. The EPA must report on each integrated plan developed and implemented through a permit, order, or judicial consent decree since June 5, 2012, including a description of the control measures, levels of control, estimated costs, and compliance schedules for the requirements implemented through such a plan. (Sec. 4) The bill establishes an Office of the Municipal Ombudsman in the Environmental Protection Agency (EPA) to provide: (1) technical assistance to municipalities seeking to comply with the Clean Water Act, and (2) information to the EPA to ensure that agency policies are implemented by all EPA offices. (Sec. 5) The EPA must promote the use of green infrastructure."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Entrepreneurship and Innovation Pilot Program of 2006''. SEC. 2. FINDINGS. Congress finds-- (1) the 2005 ``State of Black America Report'' issued by the National Urban League finds a significant level of ``equality gaps'' between African Americans and Whites, with the median net worth of an African-American family is $6,100, compared with $67,000 for a white family; (2) in 2005, the African American unemployment rate was 9.5 percent and the Hispanic unemployment rate was 6 percent, well above the national average of 4.7 percent; (3) African Americans account for 12.3 percent of the United States population and only 4 percent of all United States businesses, Hispanic Americans represent 12.5 percent of the United States population and approximately 6 percent of all United States businesses, Native Americans account for approximately 1 percent of the United States population and .9 percent of all United States businesses; (4) entrepreneurship has proven to be an effective tool for economic growth and viability of all communities; (5) fostering minority owned businesses is a key ingredient for economic development in the minority community, an effective tool for creating lasting and higher-paying jobs, and a source of creating wealth in the minority community; and (6) between 1987 and 1997, revenue from minority owned businesses rose by 22.5 percent, an increase equivalent to an annual growth rate of 10 percent, and employment opportunities within minority owned firms increased by 23 percent. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``Hispanic serving institution'' has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a); (3) the term ``historically Black college and university'' has the meaning given the term ``part B institution'' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (4) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632); (5) the term ``small business development center'' has the same meaning as in section 21 of the Small Business Act (15 U.S.C. 648); and (6) the term ``Tribal College'' has the meaning given the term ``tribally controlled college or university'' in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801). SEC. 4. MINORITY ENTREPRENEURSHIP AND INNOVATION GRANTS. (a) In General.--The Administrator shall make grants to historically Black colleges and universities, Tribal Colleges, and Hispanic serving institutions, or to any entity formed by a combination of such institutions-- (1) to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies; and (2) for placement of small business development centers on the physical campus of the institution. (b) Curriculum Requirement.--An institution of higher education receiving a grant under this section shall develop a curriculum that includes training in various skill sets needed by successful entrepreneurs, including-- (1) business management and marketing, financial management and accounting, market analysis and competitive analysis, innovation and strategic planning; and (2) additional entrepreneurial skill sets specific to the needs of the student population and the surrounding community, as determined by the institution. (c) Small Business Development Center Requirement.--Each institution receiving a grant under this section shall open a small business development center that-- (1) performs studies, research, and counseling concerning the management, financing, and operation of small business concerns; (2) performs management training and technical assistance regarding the participation of small business concerns in international markets, export promotion and technology transfer, and the delivery or distribution of such services and information; (3) offers referral services for entrepreneurs and small business concerns to business development, financing, and legal experts; and (4) promotes market-specific innovation, niche marketing, capacity building, international trade, and strategic planning as keys to long-term growth for its small business concern and entrepreneur clients. (d) Grant Limitations.--A grant under this subsection-- (1) may not exceed $1,000,000 per fiscal year for any 1 institution of higher education; (2) may not be used for any purpose other than those associated with the direct costs incurred to develop and implement a curriculum that fosters entrepreneurship and the costs incurred to organize and run a small business development center on the grounds of the institution; and (3) may not be used for building expenses, administrative travel budgets, or other expenses not directly related to the implementation of the curriculum or activities authorized by this Act. (e) Exception From Small Business Act Requirement.--Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) do not apply to assistance made available under this section. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $24,000,000, to remain available until expended, for each of fiscal years 2007 and 2008. (g) Report.--Not later than November 1 of each year, the Associate Administrator of Entrepreneurial Development of the Small Business Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the award and use of grants under this section during the preceding fiscal year, which shall include-- (1) a description of each entrepreneurship program developed with grant funds, the date of the award of such grant, and the number of participants in each such program; (2) the number of small business concerns assisted by each small business development center established with a grant under this section; and (3) data regarding the economic impact of the small business development center counseling provided under a grant under this section. (h) Limitation on Use of Other Funds.--The Administrator shall carry out this section only with amounts appropriated in advance specifically to carry out this section.", "summary": "Minority Entrepreneurship and Innovation Pilot Program of 2006 - Directs the Administrator of the Small Business Administration to make grants to historically Black colleges and universities, Tribal Colleges, and Hispanic serving institutions, or to any entity formed by a combination of such institutions: (1) to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies; and (2) for the placement of small business development centers on the physical campus of the institution. Requires an institution of higher education receiving a grant to: (1) develop a curriculum that includes training in various skill sets needed by successful entrepreneurs; and (2) open a small business development center. Limits this pilot program to two fiscal years, and a grant to $1 million per fiscal year for any one institution of higher education."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Responsibility Act of 1999''. SEC. 2. PURPOSE. The purpose of this Act is to promote compliance with Article I of the United States Constitution, which grants legislative powers solely to Congress. Article I ensures that Federal regulations will not take effect unless passed by a majority of the members of the Senate and House of Representatives and signed by the President, or that the members of the Senate and House of Representatives override the President's veto. This Act ends the practice whereby Congress delegates its responsibility for making laws to unelected, unaccountable officials of the executive branch and requires that regulations proposed by agencies of the executive branch be affirmatively enacted by Congress before they become effective. The Act will result in a more democratic and accountable Congress and protect the public from regulations for which elected, accountable officials are unwilling to take responsibility. SEC. 3. ENACTMENT OF AGENCY REGULATIONS. (a) Congressional Approval.--A regulation shall not take effect before the date of the enactment of a bill described in section 4(a) comprised solely of the text of the regulation. (b) Agency Report.--Whenever an agency promulgates a regulation, the agency shall submit to each House of Congress a report containing the text of the proposed regulation and an explanation of the proposed regulation. The explanation shall consist of the concise general statement of their basis and purpose required by section 553 of title 5, United States Code and such explanatory documents as are mandated by other statutory requirements. SEC. 4. EXPEDITED CONGRESSIONAL PROCEDURES FOR AGENCY REGULATIONS. (a) Introduction.--Not later than 3 legislative days after the date on which an agency submits a report under section 3(b), the Majority Leader of each House of Congress shall introduce (by request) a bill comprised solely of the text of the regulation contained in the report. If such a bill is not introduced in a House of Congress as provided in the preceding sentence, then any Member of that House may introduce such a bill. (b) Bill.--For purposes of this section, the term ``bill'' means a bill of the two Houses of Congress, the matter after the enacting clause of which is as follows: ``The following agency regulations are hereby approved and shall have the force and effect of law:'' (the text of the regulations being set forth after the semicolon). (c) Referral and Consideration.--(1) A bill described in subsection (b) shall not be referred to a committee. (2) It is in order for any Member of the respective House to move to proceed to the consideration of the bill. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion. All points of order against the bill (and against consideration of the bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the respective House shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of. (3) Debate on the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than one hour, which shall be divided equally between those favoring and those opposing the bill. An amendment to the bill is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. (4) Appeals from the decisions of the Chair relating to the application of the regulations of the Senate or the House of Representatives, as the case may be, to the procedure relating to the bill shall be decided without debate. (d) Final Passage.--A vote on final passage of a bill described in subsection (b) shall be taken in a House of Congress on or before the close of the 60th calendar day after the date of the introduction of the bill in that House. (e) Exception.--A motion to suspend the application of subsections (c) and (d) is in order in either House of Congress and shall be considered as passed or agreed to by a vote of a majority of the Members voting. Upon the passage of such a motion, the bill shall be considered in the same manner as other bills. (f) Treatment if the Other House Has Acted.--(1) If, before the passage by one House of a bill introduced in that House described in subsection (b), that House receives from the other House a bill described in subsection (b) comprised of the same text, then-- (A) the bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii); and (B) with respect to a bill described in subsection (b) of the House receiving the bill-- (i) the procedure in that House shall be the same as if no bill had been received from the other House; but (ii) the vote on final passage shall be on the bill of the other House. (2) Upon disposition of the bill received from the other House, it shall no longer be in order to consider the bill that originated in the receiving House. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Agency.--The term ``agency'' has the meaning given the term in section 551(1) of title 5, United States Code. (2) Regulation.--The term ``regulation'' has the meaning given the term ``rule'' in section 551(4) of title 5, United States Code, except that such term does not include-- (A) any regulation of particular applicability; or (B) any interpretative rule, general statement of policy, or any regulation of agency organization, personnel, procedure, or practice. SEC. 6. EFFECTIVE DATE. This Act shall apply to agency regulations promulgated after the date of the enactment of this Act. SEC. 7. JUDICIAL REVIEW. A regulation contained in a bill enacted pursuant to this Act is not an agency action for the purpose of judicial review under chapter 7 of title 5, United States Code.", "summary": "Requires an agency, whenever it promulgates a regulation, to submit to each House of Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Safety Lock Act of 2001''. SEC. 2. REQUIREMENT OF CHILD HANDGUN SAFETY LOCKS. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) The term `locking device' means a device or locking mechanism-- ``(A) that-- ``(i) if installed on a firearm and secured by means of a key or a mechanically, electronically, or electromechanically operated combination lock, is designed to prevent the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically, or electromechanically operated combination lock; ``(ii) if incorporated into the design of a firearm, is designed to prevent discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism and thereby allow discharge of the firearm; or ``(iii) is a safe, gun safe, gun case, lock box, or other device that is designed to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means; and ``(B) that is approved by a licensed firearms manufacturer for use on the handgun with which the device or locking mechanism is sold, delivered, or transferred.''. (b) Unlawful Acts.-- (1) In general.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) Locking Devices.-- ``(1) In general.--Except as provided in paragraph (2), it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun. ``(2) Exceptions.--Paragraph (1) does not apply to-- ``(A) the-- ``(i) manufacture for, transfer to, or possession by, the United States or a State or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State, of a firearm; or ``(ii) transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a firearm for law enforcement purposes (whether on or off duty); or ``(B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a firearm for purposes of law enforcement (whether on or off duty).''. (2) Effective date.--Section 922(y) of title 18, United States Code, as added by this subsection, shall take effect 180 days after the date of enactment of this Act. (c) Liability; Evidence.-- (1) Liability.--Nothing in this section shall be construed to-- (A) create a cause of action against any firearms dealer or any other person for any civil liability; or (B) establish any standard of care. (2) Evidence.--Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this section. (3) Rule of construction.--Nothing in this subsection shall be construed to bar a governmental action to impose a penalty under section 924(p) of title 18, United States Code, for a failure to comply with section 922(y) of that title. (d) Civil Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``or (f)'' and inserting ``(f), or (p)''; and (2) by adding at the end the following: ``(p) Penalties Relating to Locking Devices.-- ``(1) In general.-- ``(A) Suspension or revocation of license; civil penalties.--With respect to each violation of section 922(y)(1) by a licensee, the Secretary may, after notice and opportunity for hearing-- ``(i) suspend or revoke any license issued to the licensee under this chapter; or ``(ii) subject the licensee to a civil penalty in an amount equal to not more than $10,000. ``(B) Review.--An action of the Secretary under this paragraph may be reviewed only as provided in section 923(f). ``(2) Administrative remedies.--The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) does not preclude any administrative remedy that is otherwise available to the Secretary.''. SEC. 3. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT. (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end thereof the following: ``SEC. 38. CHILD HANDGUN SAFETY LOCKS. ``(a) Establishment of Standard.-- ``(1) In general.-- ``(A) Rulemaking required.--Notwithstanding section 3(a)(1)(E) of this Act, the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of enactment of the Child Safety Lock Act of 2001 to establish a consumer product safety standard for locking devices. The Commission may extend the 90-day period for good cause. Notwithstanding any other provision of law, including chapter 5 of title 5, United States Code, the Commission shall promulgate a final consumer product safety standard under this paragraph within 12 months after the date on which it initiated the rulemaking. The Commission may extend that 12-month period for good cause. The consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which the final standard is promulgated. ``(B) Standard requirements.--The standard promulgated under subparagraph (A) shall require locking devices that-- ``(i) are sufficiently difficult for children to de-activate or remove; and ``(ii) prevent the discharge of the handgun unless the locking device has been de-activated or removed. ``(2) Certain provisions not to apply.-- ``(A) Provisions of this act.--Sections 7, 9, and 30(d) of this Act do not apply to the rulemaking proceeding under paragraph (1). Section 11 of this Act does not apply to any consumer product safety standard promulgated under paragraph (1). ``(B) Chapter 5 of title 5.--Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section. ``(C) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. ``(D) National environmental policy act.--The National Environmental Policy Act of 1969 (42 U.S.C. 4321) does not apply to this section. ``(b) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to the provisions of this section from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provisions of State law are inconsistent with any provision of this section, and then only to the extent of the inconsistency. A provision of State law is not inconsistent with this section if such provision affords greater protection to children in respect of handguns than is afforded by this section. ``(c) Enforcement.--Notwithstanding subsection (a)(2)(A), the consumer product safety standard promulgated by the Commission under subsection (a) shall be enforced under this Act as if it were a consumer product safety standard described in section 7(a). ``(d) Definitions.--In this section: ``(1) Child.--The term `child' means an individual who has not attained the age of 13 years. ``(2) Locking device.--The term `locking device' has the meaning given that term in clauses (i) and (iii) of section 921(a)(35)(A) of title 18, United States Code.''. (b) Conforming Amendment.--Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: ``Sec. 38. Child handgun safety locks.''. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 38 of the Consumer Product Safety Act, such sums to remain available until expended.", "summary": "Child Safety Lock Act of 2001 - Amends the Brady Handgun Violence Prevention Act to prohibit a licensed manufacturer, importer, or dealer from selling, delivering, or transferring a handgun without a locking device to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement and governmental entities.Specifies that nothing in this Act shall be construed to create a cause of action against any firearms dealer or any other person for civil liability, or establish any standard of care.Makes evidence regarding compliance or noncompliance with this Act inadmissible in a proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this Act.Sets forth civil penalties (in addition to any administrative penalties) for related violations, including suspension or loss of license.Amends the Consumer Product Safety Act to direct the Consumer Product Safety Commission to initiate a rulemaking proceeding to establish a consumer product safety standard for locking devices."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Metropolis District National Heritage Area Study Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Black Metropolis district on Chicago, Illinois' South Side has a cohesive and distinctive history as well as an important streetscape that distinguishes the area as worthy of designation as a National Heritage Area. (2) The historic features of Chicago's Black Metropolis District predate the Great Migration of 1916-1919 and illustrate its influence on African-American life in Chicago and the Nation as a result of this demographic phenomenon in which 500,000 African-Americans migrated to the North in search of work and other opportunities, with 50,000 of that aggregate relocating in Chicago. (3) The Black Metropolis, as a setting, witnessed some of the finest accomplishments in African-American contributions to Chicago, the State of Illinois, and the Nation, while its legally and socially proscribed citizens challenged their environment and their Nation to fulfill its promise as a place of opportunity for all. (4) These contributions and accomplishments fall into the following main categories: (A) Business and entrepreneurial pursuits.--With State Street developing as the Black Metropolis District's ``Wall Street'', the area produced two of the largest Black banking operations in the Nation in the Binga State and Douglass National Banks and scores of smaller businesses ranging from print shops to restaurants to clothing stores to hair salons and barbershops. (B) Culture and aesthetics.--The area emerged as a musical mecca ranging from jazz to gospel to delta and urban blues to rhythm and blues and was home for institutions such as the George Cleveland Hall Branch Library, which nurtured literary giants such as Langston Hughes, the South Side Community Arts Center, and the DuSable Museum of African American History and Culture. (C) Education.--The area includes the first public secondary school in the State of Illinois built specifically to accommodate the educational needs of African-American students, which opened in 1934 at 4934 South Wabash Avenue and was named in honor of Chicago's first non-native inhabitant and trader, Jean Baptiste Pointe du Sable, a Black man from Haiti, and whose illustrious graduates include Nat ``King'' Cole and Chicago Mayor Harold Washington. (D) Governance and politics.--From its political bases in the area's Second Ward and the First Congressional District, Chicago's Black Metropolis proved itself a political center for all African- Americans, producing the first African-American to sit in Congress in the 20th Century, the Honorable Oscar DePriest, as well as the first African-American Democratic congressman, the Honorable Arthur W. Mitchell, succeeded by Honorable William L. Dawson, the Honorable Ralph H. Metcalfe, the Honorable Bennett M. Stewart, and the Honorable Harold Washington, later the city's first elected African-American mayor, and the Honorable Charles A. Hayes. (E) Health care.--The area includes Provident Hospital, founded in 1891 by the brilliant African- American surgeon Dr. Daniel Hale Williams and site of the first successful suturing of the human heart by Dr. Williams in 1893. (F) Labor.--The area was home to millions of unskilled and semi-skilled African-American workers, including the packinghouse workers who arrived during the Great Migration and constituted 25 percent of the stockyards work force during World War I, and the Pullman porters who represented a full 20 percent of the Nation's African-American workforce during the early 1900s. (G) Military life and patriotism.--African-American men enlisted in the Union Army on the grounds of Camp Douglass within the Black Metropolis District as part of the 29th Infantry Regiment of the United States Colored Troops, and a generation later trained at the Eighth Regiment Armory nearby before embarking for France as part of what President Wilson referred to as the great crusade to ``make the world safe for democracy'' during the World War I. (H) Recreation and competitive sports.--Early on, the Nation's most popular sports: baseball, boxing, football, track and basketball, enjoyed support from the Black Metropolis' population and drew participants who earned widespread recognition such as Rube Foster, a native Chicagoan, who founded the Negro Baseball League and its local team, the American Giants. (I) Religion and church activism.--The area includes Quinn Chapel African Methodist Episcopal (A.M.E) Church, an antebellum center of abolitionist activity, and a major station on the Underground Railroad, and with emancipation, there was another religious movement to provide and protect the civil rights of all citizens led by Black Metropolis churches such as Quinn Chapel and Bethel A.M.E. (J) Social justice and civil rights.--It was from within the Black Metropolis District in the early 20th century that Ida B. Wells-Barnett waged her crusade for justice for African-Americans and women and worked to establish the first National Association for the Advancement of Colored People branch in that group's national network in 1912. (K) Streetscapes.--The area includes many historic locations, including those along State Street and 35th Street, ranging from the Overton Hygienic Manufacturing Building at 3617 South State Street and the Chicago Bee Building at 3647 South State Street (both designated as Chicago City Landmarks) to Liberty Life Insurance Company at 3501 South Parkway and a monument and park dedicated to United States Senator Stephen Douglas (designated as a State Landmark) at Lake Park Avenue and 35th Street, green and public spaces, stretching from Chicago's lakefront to historic park and boulevard systems to the West, and is now the proposed site for the 2016 Olympics in the City of Chicago's bid to host this event. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Black Metropolis District National Heritage Area. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Study area.--The term ``study area'' means the region bounded as follows: (A) 18th Street on the North and 22nd Street on the South, from Lake Michigan on the East to Wentworth Avenue to the West. (B) 22nd Street on the North to 35th Street on the South, from Lake Michigan on the East to the Dan Ryan Expressway on the West. (C) 35th Street on the North and 47th Street on the South, from Lake Michigan on the East to the B&O Railroad (Stewart Avenue) on the West. (D) 47th Street on the North to 55th Street on the South, from Cottage Grove Avenue on the East to the Dan Ryan Expressway on the West). (E) 55th Street on the North to 71st Street on the South, from State Street on the West to Cottage Grove Avenue/South Chicago Avenue on the East. SEC. 4. BLACK METROPOLIS DISTRICT NATIONAL HERITAGE AREA STUDY. (a) In General.--The Secretary, in consultation with the managers of any Federal land within the Heritage Area, appropriate State and local governmental agencies, and any interested organizations, shall conduct a study to determine the feasibility of designating the study area as the Black Metropolis District National Heritage Area. (b) Requirements.--The study shall include analysis, documentation, and determinations on whether-- (1) the study area-- (A) has an assemblage of natural, historic, cultural, educational, scenic, or recreational resources that together are nationally important to the heritage of the United States; (B) represents distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use; (C) is best managed through agreements between public and private entities at the local or regional level; (D) reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States; (E) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features; (F) provides outstanding recreational and educational opportunities; and (G) has resources and traditional uses that have national importance; (2) residents, business interests, nonprofit organizations, the Federal Government (including relevant Federal land management agencies), and State, local, and tribal governments within the study area-- (A) are involved in the planning; and (B) have demonstrated significant support through letters and other means for designation and management of the Heritage Area; and (3) the study area has been identified and supported by the public, private business, and local and State agencies. SEC. 5. REPORT. Not later than 3 fiscal years after the date on which funds are made available to carry out the this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the findings, conclusions, and recommendations of the Secretary with respect to the study.", "summary": "Black Metropolis District National Heritage Area Study Act - Directs the Secretary of the Interior to conduct a study to determine the feasibility of designating the Black Metropolis District in Chicago, Illinois, as the Black Metropolis District National Heritage Area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Serving our Rural Veterans Act of 2017''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Department of Veterans Affairs relies on agreements with the Indian Health Service and tribal health organizations to serve native and non-native veteran populations in certain areas, especially rural areas of the United States, due to limited infrastructure or personnel of the Department in those areas; (2) the Department should support the practice of rural health care in the United States because such care is crucial to fulfilling the mission of the Department to provide the highest quality care for veterans; and (3) education regarding the unique health needs of veterans is necessary for all health care providers and is especially important for providers in rural health care delivery systems, including those affiliated with Indian tribes and tribal health organizations that care for a significant number of veterans. SEC. 3. AUTHORIZATION OF PAYMENT BY DEPARTMENT OF VETERANS AFFAIRS FOR TRAINING AND SUPERVISION OF RESIDENTS OR INTERNS AT FACILITIES THAT ARE NOT DEPARTMENT FACILITIES. (a) In General.--Subsection (c) of section 7406 of title 38, United States Code, is amended by striking ``Department facility'' each place it appears and inserting ``covered facility''. (b) Covered Facility Defined.--Subsection (a)(2) of such section is amended by adding at the end the following new subparagraph: ``(C) The term `covered facility' means any of the following: ``(i) A Department facility. ``(ii) A facility operated by an Indian tribe or a tribal organization, as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(iii) A facility operated by the Indian Health Service. ``(iv) A Federally-qualified health center, as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)). ``(v) A community health center.''. SEC. 4. PILOT PROGRAM TO ESTABLISH OR AFFILIATE WITH GRADUATE MEDICAL RESIDENCY PROGRAMS AT FACILITIES OPERATED BY INDIAN TRIBES, TRIBAL ORGANIZATIONS, AND THE INDIAN HEALTH SERVICE IN RURAL AREAS. (a) In General.--The Secretary of Veterans Affairs, in consultation with the Director of the Indian Health Service, shall carry out a pilot program-- (1) to establish graduate medical education residency training programs at covered facilities; or (2) to affiliate with established programs described in paragraph (1). (b) Locations.-- (1) In general.--The Secretary shall carry out the pilot program at not more than four covered facilities that have been selected by the Secretary for purposes of the pilot program. (2) Criteria.--The Secretary shall establish criteria for selecting covered facilities under paragraph (1). (c) Duration.--The Secretary shall implement the pilot program during the eight-year period beginning on the date that is 180 days after the date of the enactment of this Act. (d) Reimbursement of Costs.--The Secretary shall reimburse each covered facility participating in the pilot program for the following costs associated with the pilot program: (1) Curriculum development. (2) Recruitment, training, supervision, and retention of residents and faculty. (3) Accreditation of programs of education under the pilot program by the Accreditation Council for Graduate Medical Education (ACGME) or the American Osteopathic Association (AOA). (4) The portion of faculty salaries attributable to activities relating to carrying out the pilot program. (5) Payment for expenses relating to providing medical education under the pilot program. (e) Period of Obligated Service.-- (1) In general.--The Secretary shall enter into an agreement with each individual who participates in the pilot program under which such individual agrees to serve a period of one year of obligated service at a covered facility or a facility of the Department of Veterans Affairs for each year in which the individual participates in the pilot program under this section. (2) Breach.--An individual who participates in the pilot program and fails to satisfy the period of obligated service under paragraph (1) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (3) Loan repayment.--During the period of obligated service of an individual under paragraph (1), the individual-- (A) shall be deemed to be an eligible individual under subsection (b) of section 108 of the Indian Health Care Improvement Act (25 U.S.C. 1616a) for purposes of participation in the Indian Health Service Loan Repayment Program under such section during the portion of such period that the individual serves at a covered facility; and (B) shall be deemed to be an eligible individual under section 7682(a) of title 38, United States Code, for purposes of participation in the Department of Veterans Affairs Education Debt Reduction Program under subchapter VII of chapter 76 of such title during the portion of such period that the individual serves at a facility of the Department. (4) Concurrent service.--Any period of obligated service required of an individual under paragraph (1) shall be served-- (A) with respect to service at a covered facility, concurrently with any period of obligated service required of the individual by the Indian Health Service; and (B) with respect to service at a facility of the Department of Veterans Affairs, concurrently with any period of obligated service required of the individual by the Department. (f) Report.--Not later than three years before the termination of the pilot program under subsection (c), the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the feasibility and advisability of-- (1) expanding the pilot program to additional locations; and (2) making the pilot program or any aspect of the pilot program permanent. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of Veterans Affairs $20,000,000 for each year in which the pilot program is carried out. (2) Loan repayments.-- (A) In general.--There is authorized to be appropriated-- (i) to the Secretary of Health and Human Services, acting through the Director of the Indian Health Service, such sums as may be necessary to cover loan repayments paid under the Indian Health Service Loan Repayment Program to individuals participating in the pilot program; and (ii) to the Secretary of Veterans Affairs such sums as may be necessary to cover loan repayments paid under the Department of Veterans Affairs Education Debt Reduction Program to individuals participating in the pilot program. (B) Supplement not supplant.--Amounts appropriated or otherwise made available for the Indian Health Service Loan Repayment Program or the Department of Veterans Affairs Education Debt Reduction Program pursuant to the authorization of appropriations under subparagraph (A) shall supplement, not supplant, amounts made available to such programs under other provisions of law. (h) Covered Facility Defined.--In this section, the term ``covered facility'' means a facility-- (1) operated by an Indian tribe or a tribal organization (as those terms are defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)), or the Indian Health Service, that has an existing reimbursement agreement with the Department of Veterans Affairs under section 405(c) of the Indian Health Care Improvement Act (25 U.S.C. 1645(c)); and (2) located in a rural or remote area, as determined by the Secretary.", "summary": "Serving our Rural Veterans Act of 2017 This bill authorizes the Department of Veterans Affairs (VA) to pay for the training and employment of Veterans Health Administration medical residents and interns at a covered facility, which includes: (1) a VA facility; (2) a facility operated by an Indian tribe, a tribal organization, or the Indian Health Service; (3) a federally-qualified health center; or (4) a community health center. (Currently, such payments are authorized only for VA facilities.) The VA shall carry out an eight-year pilot program to establish or affiliate with graduate medical education residency training programs at not more than four facilities. The VA shall reimburse each participating facility for the costs of: curriculum development; recruitment, training, supervision, and retention of residents and faculty; accreditation of education programs; faculty salaries attributable to program activities; and other expenses relating to providing medical education under the program. A program participant: (1) shall agree to one year of obligated service at a covered or a VA facility for each year of partipation in the program, (2) who fails to satisfy the obligated service period shall be liable to the United States for a prorated portion of the amount paid for program participation, and (3) during the period of obligated service, shall be eligible for participation in the Indian Health Service Loan Repayment Program and the VA Education Debt Reduction Program. A covered facility for pilot program purposes means a facility: (1) operated by an Indian tribe, a tribal organization, or the Indian Health Service that has an existing reimbursement agreement with the VA; and (2) located in a rural or remote area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Durham Woods Natural Gas Pipeline Safety Act of 1994''. SEC. 2. INCREASED INSPECTION REQUIREMENTS IN HIGH-DENSITY POPULATION AREAS. (a) Instrumented Internal Inspection Devices.--Section 3(g)(2) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672(g)(2)) is amended by inserting ``, not less than once every 7 years,'' after ``requiring the periodic inspection''. (b) Additional Inspections.--Section 3 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672) is amended by adding at the end the following new subsection: ``(l) Additional Inspection Requirements.--Within 2 years after the date of enactment of this subsection, the Secretary shall issue regulations requiring that each operator of transmission pipelines-- ``(1) establish a program for observing from the air, or inspecting from the ground, or both, at least once every month, the surface conditions on and adjacent to the right-of-way of all of such operator's transmission pipelines identified pursuant to subsection (i) for indications of leaks, construction, and other circumstances affecting safety or operation; and ``(2) place line markers along the rights-of-way of all of such operator's transmission pipelines identified pursuant to subsection (i), unless such placement is impractical.''. SEC. 3. DAMAGE REPORTING. Section 20(g)(2) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1687(g)(2)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: ``(B) a natural gas pipeline facility and does not report the damage promptly to the operator of the pipeline facility or other appropriate authorities; or''. SEC. 4. INCREASED PENALTIES. (a) Criminal Penalties.--(1) Section 20(g) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1687(g)) is amended by striking ``5 years'' and inserting in lieu thereof ``10 years''. (2) Section 11(c) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1679a(c)) is amended-- (A) in paragraph (1), by striking ``$25,000, imprisonment for a term not to exceed 5 years'' and inserting in lieu thereof ``$100,000, imprisonment for a term not to exceed 10 years''; (B) in paragraph (2), by striking ``$25,000, imprisonment for a term not to exceed 15 years'' and inserting in lieu thereof ``$100,000, imprisonment for a term not to exceed 30 years''; and (C) in paragraph (3), by striking ``$5,000, imprisonment for a term not to exceed 1 year'' and inserting in lieu thereof ``$50,000, imprisonment for a term not to exceed 5 years''. (b) Civil Penalties.--Section 11(a) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1679a(a)) is amended-- (1) in paragraph (1)-- (A) by striking ``or section 20(h)'' and inserting in lieu thereof ``, section 20(h), or section 22(a)''; (B) by striking ``$25,000'' and inserting in lieu thereof ``$50,000''; and (C) by striking ``$500,000'' and inserting in lieu thereof ``$1,000,000''; and (2) in paragraph (2), by striking ``$50,000'' and inserting in lieu thereof ``$100,000''. SEC. 5. PUBLIC AWARENESS. Section 18(a) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1685(a)) is amended-- (1) by inserting ``(1)'' before ``Each person who''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary shall, to the extent provided in advance in appropriations Acts, make grants to States for the promotion of public awareness of the dangers of excavating near natural gas pipelines by advertising in the media and other means.''. SEC. 6. PIPELINE SAFETY STUDY. (a) Study.--The Secretary of Transportation shall conduct a comprehensive study on the safety of all natural gas transmission pipelines in the State of New Jersey. Such study shall address, at a minimum-- (1) increasing population encroachment on pipeline rights- of-way; (2) environmental concerns; (3) financial pressures on the pipeline industry to control their costs; and (4) the feasibility of utilizing remotely operated or automatic shut-off valves, and their appropriate spacing. (b) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Congress a report containing the results of the study conducted under subsection (a). SEC. 7. RISK ASSESSMENT. (a) Assessment.--The Secretary of Transportation shall conduct an assessment of the risks to public safety and the environment posed by the transportation of natural gas by pipeline. Such assessment shall-- (1) rank the risks identified by the Secretary in terms of their probability of occurrence and the severity of their likely consequences, and in terms of any other factors the Secretary considers relevant; (2) identify and prioritize technically feasible and economically justified actions that should be taken to lessen the risks identified; and (3) address, at a minimum-- (A) inspection by instrumented internal inspection devices; (B) installation of emergency flow restricting devices; (C) inspection and burial of underwater pipelines; and (D) inspection and replacement of cast iron pipelines. (b) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Congress a report including the assessment required under subsection (a) and a plan for actions proposed by the Secretary to address each risk identified in the assessment. SEC. 8. MAPPING. The National Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671- 1688) is amended by adding at the end the following new section: ``SEC. 22. MAPPING. ``(a) Location of Transmission Pipelines.--The owner or operator of each of the Nation's transmission pipelines shall inform the Secretary of the specific location of such transmission pipelines. ``(b) Comprehensive Mapping Program.--The Secretary, using the information received under subsection (a) and any other information available to the Secretary, shall develop a comprehensive mapping program to identify the specific location of all of the Nation's transmission pipelines. The program shall include information on the proximity of transmission pipelines to high-density population areas, environmentally sensitive areas, water intakes, and other appropriate areas or facilities. The Secretary shall establish an electronic data base for the comprehensive mapping program, and shall ensure that such data base is available to the public in an appropriate manner. ``(c) Security.--The Secretary shall ensure the security of the program developed under subsection (b) against terrorism, sabotage, and other threats.''.", "summary": "Durham Woods Natural Gas Pipeline Safety Act of 1994 - Amends the Natural Gas Pipeline Safety Act of 1968 to instruct the Secretary of Transportation to issue regulations requiring: (1) periodic inspections of natural gas pipeline facilities with the use of instrumented internal inspection devices at least once every seven years in high-density population areas; and (2) transmission pipeline operators to institute a monthly inspection program for hazards and line markers along pipeline rights-of-way. Declares it is a criminal offense to knowingly damage a natural gas pipeline facility and subsequently fail to report such damage. Increases the civil and criminal penalties for violations of this Act. Directs the Secretary to: (1) make grants to the States to promote public awareness programs regarding the dangers of excavating near natural gas pipelines; (2) study and report to the Congress on the safety of all natural gas transmission pipelines in the State of New Jersey and on an assessment of the risks to public safety and the environment posed by natural gas pipeline transportation; and (3) develop a comprehensive mapping program to identify the specific location of all transmission pipelines in the country."}
{"article": "SECTION 1. INDEPENDENT SAFETY ASSESSMENT. Not later than 6 months after the date of enactment of this Act, the Nuclear Regulatory Commission shall transmit to the Congress a report containing the results of-- (1) a focused, in-depth Independent Safety Assessment of the design, construction, maintenance, and operational safety performance of the systems at the Indian Point Energy Center, Units 2 and 3, located in Westchester County, New York, including the systems described in section 2; and (2) a comprehensive evaluation of the radiological emergency plan for Indian Point Energy Center, Units 2 and 3, conducted by the Nuclear Regulatory Commission and the Department of Homeland Security, which shall include-- (A) a detailed explanation of the factual basis upon which the Nuclear Regulatory Commission and the Federal Emergency Management Agency relied in-- (i) approving the radiological emergency plan; and (ii) making subsequent annual findings of reasonable assurance that the plan will adequately protect the public in the event of an emergency, beginning on July 25, 2003 and continuing to the present; (B) a detailed response to each of the criticisms of the radiological emergency plan contained in the Review of Emergency Preparedness of Areas Adjacent to Indian Point and Millstone, published by James Lee Witt Associates on January 10, 2003; and (C) a detailed explanation of what criteria the Nuclear Regulatory Commission and Department of Homeland Security use in determining whether or not reasonable assurance can be provided that the radiological emergency plan is adequate to protect public health and safety, including what threshold figures of injuries and fatalities these agencies consider acceptable or tolerable in the event of a nuclear accident. SEC. 2. SYSTEMS. The systems referred to in section 1(1) are the following: (1) The reactor protection system. (2) The control room ventilation system and the containment ventilation system. (3) The 4.16 kv electrical system. (4) The condensate system. (5) The spent fuel storage systems. SEC. 3. INDEPENDENT SAFETY ASSESSMENT TEAM. The Independent Safety Assessment conducted at Indian Point Nuclear Power Plant shall be conducted by an Independent Safety Assessment Team with 25 members, comprised of-- (1) 16 members from the Nuclear Regulatory Commission who are unaffiliated with the Nuclear Regulatory Commission Region 1 office or the Nuclear Regulatory Commission Office of Nuclear Reactor Regulation; (2) 6 independent contractors with no history of having worked for or at the Indian Point Energy Center or any other nuclear power plant owned or operated by Entergy Corporation; (3) the President of New York State Energy and Research Development Authority or his designee; (4) the Director of the Bureau of Hazardous Waste and Radiation Management, in the Division of Solid and Hazardous Materials of the New York State Department of Environmental Conservation, or his designee; and (5) a New York State-appointed independent contractor with experience in system engineering and no history of affiliation with any nuclear power plant owned by Entergy Corporation. SEC. 4. INDEPENDENT SAFETY ASSESSMENT MONITORING. The Independent Safety Assessment conducted at Indian Point Nuclear Energy Center shall be monitored by-- (1) an Independent Safety Assessment Observation Group comprised of 4 officials appointed by the State of New York; and (2) an Independent Safety Assessment Citizens' Review Team comprised of 5 individuals appointed by the State of New York, with one resident from each Emergency Planning Zone county (Westchester, Rockland, Putnam, and Orange) appointed in consultation with the respective County Executive. The Independent Safety Assessment Observation Group and Independent Safety Assessment Citizens' Review Team shall frequently provide publicly available updates on the progress and conduct of the Independent Security Assessment to the Governor of New York. SEC. 5. INDEPENDENT SAFETY ASSESSMENT MODEL. The Independent Safety Assessment conducted at Indian Point Energy Center shall be equal in scope, depth, and breadth to the Independent Safety Assessment of the Maine Yankee Nuclear Power Plant, located near Bath, Maine, conducted by the Nuclear Regulatory Commission in 1996. SEC. 6. INCORPORATION INTO RELICENSING PROCESS. The final decision by the Nuclear Regulatory Commission as to whether to renew the operating licenses for Unit 2 or Unit 3 at the Indian Point Energy Center shall not be made until-- (1) the Nuclear Regulatory Commission has fully entered the complete report and findings of the Independent Safety Assessment into the administrative record of the license renewal proceeding for Unit 2 and Unit 3 at the Indian Point Energy Center; and (2) the applicant has fully accepted and implemented all findings and recommendations of the Independent Safety Assessment, including-- (A) undertaking all recommended repairs; (B) replacement of safety-related equipment; (C) changes to monitoring plans; and (D) revision of the radiological emergency preparedness plans as called for in the report. The applicant shall not be allowed to operate the reactors past the expiration date of its current operating licenses for Unit 2 and Unit 3 through administrative license renewals or any other means prior to meeting the requirements in paragraph (1) and paragraph (2) of this section. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Nuclear Regulatory Commission to carry out this Act $10,000,000 for fiscal year 2008, to remain available until expended.", "summary": "Directs the Nuclear Regulatory Commission (NRC) to report to Congress regarding: (1) a focused, in-depth Independent Safety Assessment of the design, construction, maintenance, and operational safety performance of certain systems at the Indian Point Energy Center, Units 2 and 3, Westchester County, New York; and (2) a comprehensive evaluation of the radiological emergency plan for the Center, conducted by the NRC and the Department of Homeland Security. Requires that such Independent Safety Assessment be: (1) conducted by an Independent Safety Assessment Team; (2) monitored by an Independent Safety Assessment Observation Group and by an Independent Safety Assessment Citizens' Review Team; and (3) equal in scope, depth, and breadth to the Independent Safety Assessment of the Maine Yankee Nuclear Power Plant, located near Bath, Maine, conducted by the NRC in 1996. Prescribes conditions for a final NRC decision to renew the operating licenses for Units 2 and 3 at the Center."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``527 Reform Act of 2004''. SEC. 2. TREATMENT OF SECTION 527 ORGANIZATIONS. (a) Definition of Political Committee.--Section 301(4)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)(A)) is amended to read as follows: ``(A) any committee, club, association, or other group of persons that-- ``(i) during one calendar year, receives contributions aggregating in excess of $1,000 or makes expenditures aggregating in excess of $1,000; and ``(ii) has as its major purpose the nomination or election of one or more candidates;''. (b) Definition of Major Purpose for Section 527 Organizations.-- Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``SEC. 325. DEFINITIONS AND RULES FOR DETERMINING ORGANIZATIONS AND DISBURSEMENTS INFLUENCING FEDERAL ELECTIONS. ``(a) Major Purpose of Section 527 Organizations.--For purposes of section 301(4)(A)-- ``(1) In general.--A committee, club, association, or group of persons that-- ``(A) is an organization described in section 527 of the Internal Revenue Code of 1986, and ``(B) is not described in paragraph (2), has as its major purpose the nomination or election of one or more candidates. ``(2) Excepted organizations.--Subject to paragraph (3), a committee, club, association, or other group of persons described in this paragraph is-- ``(A) an organization described in section 527(i)(5) of the Internal Revenue Code of 1986, or ``(B) any other organization which is one of the following: ``(i) A committee, club, association, or other group of persons whose election or nomination activities relate exclusively to elections where no candidate for Federal office appears on the ballot. ``(ii) A committee, club, association, or other group of persons that is organized, operated, and makes disbursements exclusively for one or more of the following purposes: ``(I) Influencing the selection, nomination, election, or appointment of one or more candidates to non-Federal offices. ``(II) Influencing one or more State or local ballot initiatives, State or local referenda, State or local constitutional amendments, State or local bond issues, or other State or local ballot issues. ``(III) Influencing the selection, appointment, nomination, or confirmation of one or more individuals to non-elected offices. ``(IV) Paying expenses described in the last sentence of section 527(e)(2) of the Internal Revenue Code of 1986 or expenses of a newsletter fund described in section 527(g) of such Code. ``(3) Section 527 organizations making certain disbursements.--A committee, club, association, or other group of persons described in paragraph (2)(B) shall not be considered to be described in such paragraph for purposes of paragraph (1)(B) if it makes disbursements for a public communication that promotes, supports, attacks, or opposes a clearly identified candidate for Federal office during the period beginning on the first day of the calendar year preceding the calendar year in which the general election for the office sought by the clearly identified candidate occurs and ending on the date of the general election.''. SEC. 3. CERTAIN EXPENSES BY MAJOR PURPOSE ORGANIZATIONS TREATED AS EXPENDITURES. (a) In General.--Section 301(9)(A)(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)(i)) is amended by inserting ``, including any amount described in section 325(b)'' after ``office''. (b) Applicable Communications.--Section 325 of the Federal Election Campaign Act of 1971 (as added by section 2(b)) is amended by adding at the end the following new subsection: ``(b) Certain Expenditures for Major Purpose Organizations.-- ``(1) In general.--Subject to paragraph (2), a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value for-- ``(A) a public communication that refers to a clearly identified candidate for Federal office or to a political party (regardless of whether a candidate for State or local office is also mentioned or identified) and that promotes, supports, attacks, or opposes a candidate for that office or a political party (regardless of whether the communication expressly advocates a vote for or against a candidate), or ``(B) voter registration activity, voter identification, get-out-the-vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot), shall be an expenditure under section 301(9)(A)(i) if made by, or on behalf of, a political committee (as defined in section 301(4)) or a committee, club, association, or other group of persons for which the nomination or election of one or more candidates is its major purpose. ``(2) Exception.--Any funds used for purposes described in paragraph (1) that, in accordance with allocation rules set forth in section 325(c), are disbursed from a non-Federal account shall not be treated as expenditures.''. SEC. 4. RULES FOR ALLOCATION OF EXPENSES BETWEEN FEDERAL AND NON- FEDERAL ACTIVITIES. Section 325 of the Federal Election Campaign Act of 1971 (as added by section 2(b) and amended by section 3) is amended by adding at the end the following: ``(c) Allocation and Funding Rules for Expenses of Separate Segregated Funds and Nonconnected Committees Relating to Federal and Non-Federal Activities.-- ``(1) In general.--In the case of any disbursements by any separate segregated fund or nonconnected committee for which allocation rules are provided under paragraph (2)-- ``(A) the disbursements shall be allocated between Federal and non-Federal accounts in accordance with this subsection and regulations prescribed by the Commission, and ``(B) in the case of disbursements allocated to non-Federal accounts, may be paid only from a qualified non-Federal account. ``(2) Costs to be allocated and allocation rules.-- Disbursements by any separate segregated fund or nonconnected committee in connection with Federal and non-Federal elections for any of the following categories of activity shall be allocated as follows: ``(A) At least 50 percent of any administrative expenses, including rent, utilities, office supplies, and salaries not attributable to a clearly identified candidate shall be paid with funds from a Federal account, except that for a separate segregated fund such expenses may be paid instead by its connected organization. ``(B) At least 50 percent of the direct costs of a fundraising program or event, including disbursements for solicitation of funds and for planning and administration of actual fundraising events, where Federal and non-Federal funds are collected through such program or event shall be paid with funds from a Federal account, except that for a separate segregated fund such costs may be paid instead by its connected organization. ``(C) At least 50 percent of the expenses for public communications or voter drive activities that refer to a political party, but do not refer to any clearly identified Federal or non-Federal candidate, shall be paid with funds from a Federal account. ``(D) 100 percent of the expenses for public communications or voter drive activities that refer to a political party, and refer to one or more clearly identified Federal candidates, but do not refer to any clearly identified non-Federal candidates, shall be paid with funds from a Federal account. ``(E) At least 50 percent of the expenses for public communications or voter drive activities that refer to a political party, and refer to one or more clearly identified non-Federal candidates, but do not refer to any clearly identified Federal candidates, shall be paid with funds from a Federal account, except that this subparagraph shall not apply to communications or activities that relate exclusively to elections where no candidate for Federal office appears on the ballot. ``(F) At least 50 percent of the expenses for public communications and voter drive activities that refer to one or more clearly identified candidates for Federal office and one or more clearly defined non- Federal candidates, without regard to whether the communication refers to a political party, shall be paid with funds from a Federal account. ``(3) Qualified non-federal account.--For purposes of this subsection-- ``(A) In general.--The term `qualified non-Federal account' means an account which consists solely of amounts-- ``(i) that, subject to the limitations of subparagraphs (B) and (C), are raised by the separate segregated fund or nonconnected committee only from individuals, and ``(ii) with respect to which all other requirements of Federal, State, or local law are met. ``(B) Limitation on individual donations.-- ``(i) In general.--A separate segregated fund or nonconnected committee may not accept more than $25,000 in funds for its qualified non-Federal account from any one individual in any calendar year. ``(ii) Affiliation.--For purposes of this subparagraph, all qualified non-Federal accounts of separate segregated funds or nonconnected committees which are directly or indirectly established, financed, maintained, or controlled by the same person or persons shall be treated as one account. ``(C) Fundraising limitation.--No donation to a qualified non-Federal account may be solicited, received, directed, transferred, or spent by or in the name of any person described in subsection (a) or (e) of section 323. ``(4) Voter drive activity and federal account defined.-- For purposes of this subsection-- ``(A) Voter drive activity.--The term `voter drive activity' means any of the following activities conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot): ``(i) Voter registration activity. ``(ii) Voter identification. ``(iii) Get-out-the-vote activity. ``(iv) Generic campaign activity. ``(B) Federal account.--The term `Federal account' means an account which consists solely of contributions subject to the limitations, prohibitions, and reporting requirements of this Act. Nothing in this subsection or in section 323(b)(2)(B)(iii) shall be construed to infer that a limit other than the limit under section 315(a)(1)(C) applies to contributions to the account.''. SEC. 5. CONSTRUCTION. No provision of this Act, or amendment made by this Act, shall be construed-- (1) as approving, ratifying, or endorsing a regulation promulgated by the Federal Election Commission, or (2) as establishing, modifying, or otherwise affecting the definition of political organization for purposes of the Internal Revenue Code of 1986. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect on January 1, 2005.", "summary": "527 Reform Act of 2004 - Amends the Federal Election Campaign Act of 1971 to revise the definition of political committee to include any committee, club, association, or other group of persons that has as its major purpose the nomination or election of one or more candidates (\"Section 527 Organizations\" or major purpose organizations). Treats certain expenses by major purpose organizations as expenditures subject to the limitations and reporting requirements of such Act. Provides that any disbursement by separate segregated fund or nonconnected committee shall be allocated between Federal and non-Federal accounts in accordance with this Act and regulations prescribed by the Federal Election Commission. States that disbursements allocated to non-Federal accounts may be paid only from a qualified non-Federal account. Prohibits a separate segregated fund or nonconnected committee from accepting more than $25,000 in funds for its qualified non-Federal account from any one individual in any calendar year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Native Veterans Land Allotment Equity Act''. SEC. 2. OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS. Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629g) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``In General'' and inserting ``Alaska Native Veteran Allotments''; (B) by striking paragraphs (1) through (4) and inserting the following: ``(1) Allotments.-- ``(A) Eligible recipients.--Any person described in paragraph (1) or (2) of subsection (b) shall be eligible to receive an allotment under the Act of May 17, 1906 (34 Stat. 197, chapter 2469), of not more than 2 parcels of Federal land, the total area of which shall not exceed 160 acres. ``(B) Filing deadline.--An allotment shall be filed for an eligible recipient not later than 3 years after the date on which the Secretary promulgates regulations pursuant to section 3 of the Alaska Native Veterans Land Allotment Equity Act. ``(2) Land available for allotments.-- ``(A) In general.--An allotment under this section shall be selected from land that is-- ``(i)(I) vacant; and ``(II) owned by the United States; ``(ii) selected by, or conveyed to, the State of Alaska, if the State voluntarily relinquishes or conveys to the United States the land for the allotment; or ``(iii) selected by, or conveyed to, a Native Corporation, if the Native Corporation voluntarily relinquishes or conveys to the United States the land for the allotment. ``(B) Relinquishment by native corporation.--If a Native Corporation relinquishes land under subparagraph (A)(iii), the Native Corporation may select appropriate Federal land, as determined by the Secretary, the area of which is equal to the area of the land relinquished by the Native Corporation, to replace the relinquished land. ``(C) Exclusions.--An allotment under this section shall not be selected from land that is located within-- ``(i) a right-of-way of the TransAlaska Pipeline; or ``(ii) an inner or outer corridor of such a right-of-way. ``(3) Alternative allotments.--A person described in paragraph (1) or (2) of subsection (b) who qualifies for an allotment under this section on land described in paragraph (2)(C) may select an alternative allotment from land that is-- ``(A) located within the boundaries land described in paragraph (2)(C); and ``(B)(i)(I) withdrawn under section 11(a)(1)(C); and ``(II) not selected, or relinquished after selection, under section 11(a)(3); ``(ii) contiguous to an outer boundary of land withdrawn under section 11(a)(1)(C), unless that land is within a National Park; or ``(iii) vacant, unappropriated, and unreserved.''; and (C) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (2) in subsection (b)-- (A) in paragraph (1), by striking subparagraph (B) and inserting the following: ``(B) is a veteran who served during the period beginning August 5, 1964, and ending May 7, 1975.''; (B) by striking paragraph (2) and inserting the following: ``(2) Deceased individuals.--If an individual who would otherwise have been eligible for an allotment under this section dies before applying for an allotment, an heir of the individual may apply for, and receive, an allotment under this section, on behalf of the estate of the individual.''; (C) in paragraph (3), by inserting before the period at the end the following: ``, other than an heir who applies for, and receives, an allotment on behalf of the estate of a deceased individual under paragraph (2).''; (3) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and (4) by adding at the end the following: ``(d) Approval of Allotments.-- ``(1) In general.--Subject to any valid right in existence on the date of enactment of the Alaska Native Veterans Land Allotment Equity Act, and except as provided in paragraph (3), not later than January 31, 2010, the Secretary shall-- ``(A) approve any application for an allotment filed in accordance with subsection (a); and ``(B) issue a certificate of allotment under any term, condition, or restriction as the Secretary determines to be appropriate. ``(2) Notification.--Not later than October 31, 2007, on receipt of an application for an allotment under this section, the Secretary shall provide to any person or entity that has an interest in land described in subsection (a)(2) that is potentially adverse to the interest of the applicant notice of the right of the person or entity, not later than 90 days after the date of receipt of the notice-- ``(A) to initiate a private contest of the allotment; or ``(B) to file a protest against the allotment in accordance with procedures established by the Secretary. ``(3) Action by secretary.--If a private contest or protest relating to an application for an allotment is initiated or filed under paragraph (2), the Secretary shall not issue a certificate to the allotment under paragraph (1)(B) until a final determination has been made with respect to the private contest or protest. ``(e) Reselection.--A person that selected an allotment under this section may withdraw that selection and reselect land in accordance with this section after the date of enactment of the Alaska Native Veterans Land Allotment Equity Act, if the land originally selected-- ``(1) was selected before the date of enactment of the Alaska Native Veterans Land Allotment Equity Act; and ``(2) as of the date of enactment of that Act, was not conveyed to the person.''. SEC. 3. REGULATIONS. Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate final regulations to carry out the amendments made by this Act.", "summary": "Alaska Native Veterans Land Allotment Equity Act - Amends the Alaska Native Claims Settlement Act (ANCSA) with respect to the open season during which certain Alaska Native Vietnam veterans are eligible to file for allotments of up to two parcels of federal land totaling up to 160 acres. Ends such open season three years after regulations have been issued under this Act. Revises the requirements for selection of such allotments. Allows allotments to be selected from land that is selected by or conveyed to the State of Alaska or a Native Corporation if the State or Native Corporation voluntarily relinquishes or conveys to the United States the land for the allotment. Limits the prohibition against the conveyance of certain allotments to: (1) lands within the right-of-way granted for the TransAlaska Pipeline; or (2) the inner or outer corridor of such right-of-way. Expands the eligibility for allotment to veterans who served between August 5, 1964, and May 7, 1975. Allows an heir (currently, only the personal representative or special administrator for the benefit of heirs) to apply for and receive an allotment on behalf of the estate of a deceased eligible individual. Prescribes criteria for the approval of allotment applications. Permits any person who made an allotment selection under this Act to withdraw it and reselect land in accordance with this Act, if the land originally selected: (1) was selected before enactment of this Act; and (2) as of the enactment of this Act, was not conveyed to the person."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Compliance and Ratepayer Affordability Act of 2015''. SEC. 2. INTEGRATED MUNICIPAL STORMWATER AND WASTEWATER APPROACH FRAMEWORK. (a) In General.--In the first 5 fiscal years beginning after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in coordination with appropriate State, local, and regional authorities, shall carry out a pilot program under which the Administrator shall work cooperatively with and facilitate the efforts of municipalities to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in a more cost-effective and flexible manner. (b) Framework.--The Administrator shall carry out the pilot program in a manner that is consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the Environmental Protection Agency, dated May 2012. (c) Selection of Municipalities.-- (1) In general.--The Administrator, in consultation with States that have approved National Pollutant Discharge Elimination System programs, shall select not fewer than 15 municipalities to participate in the pilot program each fiscal year. (2) Eligibility of municipalities.--A municipality shall be eligible to participate in the pilot program if the municipality-- (A) is a National Pollutant Discharge Elimination System permit holder or designee; or (B) is operating under an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (3) Factors.--In selecting municipalities under paragraph (1), the Administrator shall-- (A) specifically focus on-- (i) municipalities that are operating under an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Federal Water Pollution Control Act; (ii) municipalities facing compliance issues under the Federal Water Pollution Control Act, in addition to the municipalities described in clause (i); and (iii) municipalities that are affected by affordability constraints in planning and implementing control measures to address wet weather discharges from their wastewater and stormwater facilities; and (B) give priority to eligible municipalities with a history of knowledgeable, detailed, and comprehensive efforts to develop integrated and adaptive clean water management practices, without regard to the status of the municipality in the process of planning or implementing such practices. (d) Approval of Integrated Plans.-- (1) In general.--In approving the integrated plan of a municipality under the pilot program, the Administrator shall-- (A) account for the financial capability of the municipality to adequately address the requirements of the Federal Water Pollution Control Act that apply to the municipality; (B) prioritize the obligations of the municipality under the Federal Water Pollution Control Act according to the most cost-effective and environmentally beneficial outcomes; (C) account for the maintenance, operational, and regulatory obligations of the municipality; and (D) enable the municipality to implement innovative and flexible approaches to meet the obligations of the municipality under the Federal Water Pollution Control Act. (2) Use of adaptive management approaches.-- (A) Priority.--In selecting municipalities to participate in the program, the Administrator may give priority to a municipality that is seeking to develop and implement an integrated plan that includes adaptive approaches to account for changed or future uncertain circumstances. (B) Types of adaptive approaches.--Adaptive approaches referred to in subparagraph (A) include, at a minimum-- (i) the use of new innovative technical or institutional approaches; and (ii) the ability to adapt the integrated plan in response to new regulatory requirements and reductions in financial capability. (3) Additional authorities.--In carrying out the pilot program, the Administrator may, in full coordination and mutual agreement with a municipality selected to participate in the pilot program-- (A) extend the allowable national pollutant discharge elimination system permit term under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) to a maximum of 25 years, and make corresponding changes to any associated implementation schedule; (B) modify the implementation terms of a consent decree entered into by the municipality with the Administrator pursuant to that Act; and (C) provide additional regulatory flexibility under that Act in approving and implementing an integrated plan that includes adaptive approaches in order to encourage the innovation integral to such approaches. (e) Municipality Defined.--In this section, the term ``municipality'' means a county, city, town, township, or subdivision of a State or local government. (f) Report to Congress.--Not later than 1 year after the date of enactment of this Act, and each year thereafter for 5 years, the Administrator shall transmit to Congress a report on the results of the pilot program, including a description of the specific outcomes expected to be achieved that will reduce the costs of complying with the requirements of the Federal Water Pollution Control Act for municipalities participating in the program and similarly situated municipalities.", "summary": "Clean Water Compliance and Ratepayer Affordability Act of 2015 This bill requires the Environmental Protection Agency (EPA) to carry out a pilot program to facilitate the efforts of at least 15 municipalities to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in a cost-effective and flexible manner and consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the EPA in May 2012. A municipality is eligible to participate in the pilot program if the municipality is: (1) a National Pollutant Discharge Elimination System (NPDES) permit holder or designee; or (2) operating under an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Clean Water Act. The EPA may give priority to municipalities seeking to develop and implement an integrated plan that includes approaches that adapt to changed or future uncertain circumstances. In carrying out the pilot program and in mutual agreement with participating municipalities, the EPA may: (1) extend the allowable NPDES permit term by up to 25 years, (2) modify the implementation terms of a consent decree, and (3) provide additional regulatory flexibility in approving and implementing an integrated plan that includes adaptive approaches."}
{"article": "16, 110th Congress, agreed to in the Senate March 1, 2007, and House Concurrent Resolution 80, 110th Congress, agreed to in the House of Representatives June 18, 2007. SEC. 4. REQUIREMENT OF A REGIONAL STRATEGY FOR DISARMING THE LORD'S RESISTANCE ARMY. (a) Requirement for Strategy.--Not later than 180 days after the date of the enactment of this Act, the President shall develop and submit to the appropriate committees of Congress a regional strategy to guide United States support for multilateral efforts to protect civilians from attacks by the Lord's Resistance Army, to eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army, and to enforce the rule of law and ensure full humanitarian access in LRA-affected areas. (b) Content of Strategy.--The strategy should include the following: (1) A viable plan to protect civilians from attacks by the Lord's Resistance Army and eliminate the threat posed by the Lord's Resistance Army, while building institutions in the affected areas that can help to maintain the rule of law and prevent conflict in the long term. (2) An interagency framework to plan, coordinate, and execute all diplomatic economic, intelligence, and military elements of United States policy across the region regarding the Lord's Resistance Army. (3) A description of the type and form of diplomatic engagement to work with regional mechanisms, including the Tripartite Plus Commission and the Great Lakes Pact, and to coordinate the implementation of United States policy toward the Lord's Resistance Army across the region. (4) A description of how this engagement will fit within the context of broader efforts and policy objectives in the Great Lakes Region. (5) A framework to evaluate the progress and effectiveness of the United States strategy toward eliminating the threat posed by the Lord's Resistance Army. (c) Form.--The strategy under this section shall be submitted in unclassified form, but may include a classified annex. SEC. 5. HUMANITARIAN ASSISTANCE FOR AREAS OUTSIDE UGANDA AFFECTED BY THE LORD'S RESISTANCE ARMY. (a) Authority.--In accordance with section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) and section 2 of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601), the President is authorized to provide assistance to respond to the humanitarian needs of populations in northeastern Congo, southern Sudan, and Central African Republic affected by the activity of the Lord's Resistance Army. (b) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for fiscal year 2010 to carry out this section. SEC. 6. ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN NORTHERN UGANDA. (a) Authority.--It is the sense of Congress that the President should support efforts by the people of northern Uganda and the Government of Uganda-- (1) to assist internally displaced people in transition and returnees to secure durable solutions by spurring economic revitalization, supporting livelihoods, helping to alleviate poverty, and advancing access to basic services at return sites, specifically clean water, health care, and schools; (2) to enhance the accountability and administrative competency of local governance institutions and public agencies in northern Uganda with regard to budget management, provision of public goods and services, and related oversight functions; (3) to strengthen the operational capacity of the civilian police in northern Uganda to enhance public safety, prevent crime, and deal sensitively with gender-based violence, while strengthening accountability measures to prevent corruption and abuses; (4) to rebuild and improve the capacity of the justice system in northern Uganda, including the courts and penal systems, with particular sensitivity to the needs and rights of women and children; (5) to establish mechanisms for the disarmament, demobilization, and reintegration of former combatants, including vocational education and employment opportunities; and (6) to promote programs to address psychosocial trauma, particularly post-traumatic stress disorder. (b) Future Year Funding.--It is the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development should work with the appropriate committees of Congress to increase assistance in future fiscal years to support activities described in this section if the Government of Uganda demonstrates a commitment to transparent and accountable reconstruction in war-affected areas of northern and eastern Uganda, specifically by-- (1) finalizing the establishment of mechanisms within the Office of the Prime Minister to sufficiently manage and coordinate the programs under the framework of the Peace Recovery and Development Plan for Northern Uganda (PRDP); (2) increasing oversight activities and reporting to ensure funds under the Peace Recovery and Development Plan for Northern Uganda framework are used efficiently and with minimal waste; and (3) committing substantial funds of its own, above and beyond standard budget allocations to local governments, to the task of implementing the Peace Recovery and Development Plan for Northern Uganda such that communities affected by the war can recover. (c) Coordination With Other Donor Nations.--The United States should work with other donor nations, on a bilateral and multilateral basis, to increase contributions for recovery efforts in northern Uganda and strengthen accountability mechanisms to ensure the transparent and timely use of those funds. (d) Termination of Assistance.--It is the sense of Congress that the Secretary of State should withhold bilateral assistance to the Republic of Uganda for the purposes described under this section if the Secretary determines that the Government of Uganda is not committed to transparent and accountable reconstruction and reconciliation in the war-affected areas of northern and eastern Uganda. SEC. 7. ASSISTANCE FOR RECONCILIATION AND TRANSITIONAL JUSTICE IN NORTHERN UGANDA. (a) Sense of Congress.--It is the sense of Congress that the President should support efforts by the people of northern Uganda and the Government of Uganda to advance efforts to promote transitional justice and reconciliation on both local and national levels, including to implement the following mechanisms outlined in the Annexure to the Agreement on Accountability and Reconciliation between the Government of Uganda and the Lord's Resistance Army/Movement, signed at Juba February 19, 2008, namely-- (1) a body to investigate the history of the conflict, inquire into human rights violations committed during the conflict by all sides, promote truth-telling in communities, and encourage the preservation of the memory of events and victims of the conflict through memorials, archives, commemorations, and other forms of preservation; (2) a special division of the High Court of Uganda to try individuals alleged to have committed serious crimes during the conflict, and a special unit to carry out investigations and prosecutions in support of trials; (3) a system for making reparations to victims of the conflict; and (4) a review and strategy for supporting transitional justice mechanisms in affected areas to promote reconciliation and encourage individuals to take personal responsibility for their conduct during the war. (b) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2010 through 2012 to carry out this section. SEC. 8. REPORT. (a) Report Required.--Not later than 1 year after the submission of the strategy required under section 4, the Secretary of State shall prepare and submit to the appropriate committees of Congress a report on the progress made toward the implementation of the strategy required under section 4 and a description and evaluation of the assistance provided under this Act toward the policy objectives described in section 3. (b) Contents.--The report required under section (a) shall include-- (1) a description and evaluation of actions taken toward the implementation of the strategy required under section 4; (2) a description of assistance provided under section 5 and section 6; (3) an evaluation of bilateral assistance provided to the Republic of Uganda and associated programs in light of stated policy objectives; (4) a description of the status of the Peace Recovery and Development Plan for Northern Uganda and the progress of the Government of Uganda to take the steps outlined in section 6(b); and (5) a description of amounts of assistance committed, and amounts provided, to northern Uganda during the reporting period by the Government of Uganda, each donor country, and all relevant organizations. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives. (2) Great lakes region.--The term ``Great Lakes Region'' means the region comprising Burundi, Democratic Republic of Congo, Rwanda, southern Sudan, and Uganda. (3) LRA-affected areas.--The term ``LRA-affected areas'' means the territory affected by the activity of the Lord's Resistance Army in the past and as of the date of the enactment of this Act, comprising all or parts of northern Uganda, southern Sudan, northeastern Democratic Republic of Congo, and southeastern Central African Republic.", "summary": "Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of 2009 - Directs the President to submit to the appropriate congressional committees a regional strategy to guide U.S. support for multilateral efforts to eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army (LRA) and to enforce the rule of law and ensure full humanitarian access in LRA-affected areas. Authorizes the President to provide assistance to respond to the humanitarian needs of populations in northeastern Congo, southern Sudan, and Central African Republic affected by LRA activity. Expresses the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development (USAID) should work with the appropriate congressional committees to increase future assistance to Uganda if the government of Uganda demonstrates a commitment to reconstruction in war-affected areas of northern and eastern Uganda. Expresses the sense of Congress that the President should support efforts by the people of northern Uganda and the government of Uganda to: (1) promote local and national reconciliation including mechanisms outlined in the Annexure to the Agreement on Accountability and Reconciliation between the government of Uganda and the LRA; and (2) assist internally displaced people, establish mechanisms for the demobilization and reintegration of former combatants, and enhance the competency of local institutions including the police."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Heroes Credit Protection Act''. SEC. 2. PROTECTION OF CREDIT RATINGS OF MEMBERS OF THE RESERVE COMPONENTS DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS. (a) In General.--Title II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section: ``SEC. 208. PROTECTION OF CREDIT RATINGS OF MEMBERS OF RESERVE COMPONENTS DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS. ``(a) Request for Military Service Deployment Explanation.--At any time during or after serving on active duty in support of a contingency operation, an eligible servicemember may request that a consumer reporting agency include a military service deployment explanation with respect to a qualifying account in the file of that servicemember at the consumer reporting agency. ``(b) Responsibilities of Consumer Reporting Agencies.--Upon receiving a request from an eligible servicemember under subsection (a), a consumer reporting agency shall-- ``(1) include a military service deployment explanation with respect to a qualifying account in the file of that servicemember and provide the military service deployment explanation to each person who requests the credit score or consumer report of the servicemember; ``(2) develop and maintain procedures for the referral to other such agencies of any military service deployment explanation received by the agency; and ``(3) notify the servicemember in writing that the inclusion of any explanation or notation in the file of the servicemember could potentially negatively affect the credit rating of the servicemember and may not mitigate a low credit score. ``(c) Duty of Reseller to Reconvey Military Service Deployment Explanation.--A reseller shall include in any report of the reseller on a servicemember any military service deployment explanation placed in the file of that servicemember by another consumer reporting agency pursuant to this section. ``(d) Acknowledgment of Military Service Deployment Explanation.-- Any prospective user of a consumer credit report containing a military service deployment explanation shall acknowledge such military service deployment explanation. ``(e) Definitions.--For the purposes of this section: ``(1) The term `eligible servicemember' means a member of a reserve component who serves on active duty outside the continental United States in support of a contingency operation under a call or order specifying a period of such service of not less than 180 days (or who enters such service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of such service to a period of not less than 180 days). ``(2) The term `military service deployment explanation' means a code generated by a consumer reporting agency that is delivered in conjunction with a consumer report or credit score to a user of the consumer report or credit score to indicate that the consumer report or credit score of the consumer was adversely affected during a period in which the consumer was a servicemember serving on active duty outside the continental United States in support of a contingency operation. ``(3) The term `contingency operation' has the meaning given that term under section 101(a)(13) of title 10, United States Code. ``(4) The term `active duty' has the meaning given that term under section 101(d)(1) of title 10, United States Code. ``(5) The term `consumer reporting agency' has the meaning given that term under section 603 of the Fair Credit Reporting Act. ``(6) The term `reseller' has the meaning given that term under section 603 of the Fair Credit Reporting Act. ``(7) The term `qualifying account' means an account that was opened by a servicemember before the date on which the servicemember was deployed outside the continental United States in support of a contingency operation, but only with respect to obligations incurred before such date.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 207 the following new item: ``Sec. 208. Protection of credit ratings of certain servicemembers.''. (c) Military Service Deployment Explanation Not to Affect Certain Future Transactions.--Section 108 of such Act (50 U.S.C. App. 518) is amended in the matter preceding paragraph (1), by inserting after ``liability of that servicemember'' the following: ``, or the inclusion of a military service deployment explanation in a file of the servicemember at a consumer reporting agency pursuant to section 208,''. Passed the House of Representatives November 5, 2007. Attest: LORRAINE C. MILLER, Clerk.", "summary": "National Heroes Credit Protection Act - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to authorize a member of the reserves who is deployed outside the United States for 180 days or more in support of a contingency operation (servicemember) to request that a consumer reporting agency (CRA) include in that servicemember's file a military service deployment explanation (explanation) with respect to an account that was opened by the servicemember before such deployment. Requires: (1) a reseller of credit reporting information to include in any report on a servicemember any explanation placed in such servicemember's file by another CRA; and (2) any user of a consumer credit report containing such explanation to acknowledge the explanation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Communities Partnership Act of 1999''. SEC. 2. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT SUCCESSFUL JUVENILE CRIME REDUCTION STRATEGIES. (a) In General.-- (1) Establishment.--The Attorney General (or a designee of the Attorney General), in conjunction with the Secretary of the Treasury (or the designee of the Secretary), shall establish a pilot program (referred to in this section as the ``program'') to encourage and support communities that adopt a comprehensive approach to suppressing and preventing violent juvenile crime and reducing drug and alcohol abuse among juveniles, patterned after successful State juvenile crime reduction strategies. (2) Program.--In carrying out the program, the Attorney General shall-- (A) make and track grants to grant recipients (referred to in this section as ``coalitions''); (B) in conjunction with the Secretary of the Treasury and the Secretary of Health and Human Services, provide for technical assistance and training, in addition to data collection, and dissemination of relevant information; and (C) provide for the general administration of the program. (3) Administration.--Not later than 30 days after the date of enactment of this Act, the Attorney General shall appoint or designate an Administrator (referred to in this section as the ``Administrator'') to carry out the program. (4) Program authorization.--To be eligible to receive an initial grant or a renewal grant under this section, a coalition shall meet each of the following criteria: (A) Composition.--The coalition shall consist of 1 or more representatives of-- (i) the local or tribal police department or sheriff's department; (ii) the local prosecutors' office; (iii) State or local probation officers; (iv) religious affiliated or fraternal organizations involved in crime prevention; (v) schools; (vi) parents or local grass roots organizations such as neighborhood watch groups; (vii) social service agencies involved in crime prevention; (viii) a juvenile or youth court judge; and (ix) substance and alcohol abuse counselors and treatment providers. (B) Other participants.--If possible, in addition to the representatives from the categories listed in subparagraph (A), the coalition shall include 1 or more representatives of-- (i) the United States Attorney's office; (ii) the Federal Bureau of Investigation; (iii) the Bureau of Alcohol, Tobacco and Firearms; (iv) the Drug Enforcement Administration; (v) the business community; and (vi) researchers who have studied criminal justice and can offer technical or other assistance. (C) Coordinated strategy.--A coalition shall submit to the Attorney General, or the Attorney General's designee, a comprehensive plan for reducing violent juvenile crime. To be eligible for consideration, a plan shall-- (i) ensure close collaboration among all members of the coalition in suppressing and preventing juvenile crime; (ii) place heavy emphasis on coordinated enforcement initiatives, such as Federal and State programs that coordinate local police departments, prosecutors, and local community leaders to focus on the suppression of violent juvenile crime involving gangs; (iii) ensure that there is close collaboration between police and probation officers in the supervision of juvenile offenders, such as initiatives that coordinate the efforts of parents, school officials, and police and probation officers to patrol the streets and make home visits to ensure that offenders comply with the terms of their probation; (iv) ensure that a program is in place to trace all firearms seized from crime scenes or offenders in an effort to identify illegal gun traffickers; (v) ensure that effective crime prevention programs are in place, such as programs that provide after-school safe havens and other opportunities for at-risk youth to escape or avoid gang or other criminal activity, and to reduce recidivism; and (vi) ensure that a program is in place to divert nonviolent juvenile offenders into substance or alcohol abuse treatment, the successful completion of which may result in a suspended sentence for the offense, and the unsuccessful completion of which may result in an enhanced sentence for the offense. (D) Accountability.--A coalition shall-- (i) establish a system to measure and report outcomes consistent with common indicators and evaluation protocols established by the Administrator and that receives the approval of the Administrator; and (ii) devise a detailed model for measuring and evaluating the success of the plan of the coalition in reducing violent juvenile crime, and provide assurances that the plan will be evaluated on a regular basis to assess progress in reducing violent juvenile crime. (5) Priority.--In awarding grants under this section, the Attorney General shall give priority to coalitions representing communities with demonstrated juvenile crime and drug abuse problems. (6) Grant amounts.-- (A) In general.--The Administrator may award a grant to an eligible coalition under this section, in an amount not to exceed the lesser of-- (i) the amount of non-Federal funds raised by the coalition, including in-kind contributions, for that fiscal year; and (ii) $400,000. (B) Nonsupplanting requirement.--A coalition seeking funds shall provide reasonable assurances that funds made available under this program to States or units of local government shall be so used as to supplement and increase (but not supplant) the level of the State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for programs described in this section, and shall in no event replace such State, local, or other non-Federal funds. (C) Suspension of grants.--If a coalition fails to continue to meet the criteria set forth in this section, the Administrator may suspend the grant, after providing written notice to the grant recipient and an opportunity to appeal. (D) Renewal grants.--Subject to subparagraph (D), the Administrator may award a renewal grant to grant recipient under this subparagraph for each fiscal year following the fiscal year for which an initial grant is awarded, in an amount not to exceed the amount of non- Federal funds raised by the coalition, including in- kind contributions, for that fiscal year, during the 4- year period following the period of the initial grant. (7) Permitted use of funds.--A coalition receiving funds under this section may expend such Federal funds on any use or program that is contained in the plan submitted to the Administrator. (8) Congressional consultation.-- (A) In general.--Two years after the date of implementation of the program established in this section, the Comptroller General of the United States shall submit to Congress a report reviewing the effectiveness of the program in suppressing and reducing violent juvenile crime in the participating communities. (B) Contents of report.--The report submitted under subparagraph (A) shall include-- (i) an analysis of each community participating in the program, along with information regarding the plan undertaken in the community, and the effectiveness of the plan in reducing violent juvenile crime; and (ii) recommendations regarding the efficacy of continuing the program. (b) Information Collection and Dissemination With Respect to Coalitions.-- (1) Coalition information.--For the purpose of audit and examination, the Attorney General-- (A) shall have access to any books, documents, papers, and records that are pertinent to any grant or grant renewal request under this section; and (B) may periodically request information from a coalition to ensure that the coalition meets the applicable criteria. (2) Reporting.--The Attorney General shall, to the maximum extent practicable and in a manner consistent with applicable law, minimize reporting requirements by a coalition and expedite any application for a renewal grant made under this section. (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2000 through 2003, of which-- (A) not less than $1,000,000 in each fiscal year shall be used for coalitions representing communities with a population of not more than 50,000; and (B) not less than 2 percent in each fiscal year shall be used for technical assistance and training under subsection (a)(2)(B). (2) Source of sums.--Amounts authorized to be appropriated pursuant to this subsection may be derived from the Violent Crime Reduction Trust Fund.", "summary": "Requires the Attorney General, in carrying out the program, to: (1) make and track grants; and (2) provide for technical assistance and training, in addition to data collection and dissemination of relevant information, and general program administration. Directs the Attorney General to appoint or designate an Administrator to carry out the program. Sets forth initial grant and renewal requirements. Directs that a grant recipient (coalition) submit to the Attorney General a comprehensive plan for reducing violent juvenile crime that meets specified requirements, such as ensuring that: (1) heavy emphasis is placed on coordinated enforcement initiatives; (2) there is close collaboration between police and probation officers in the supervision of juvenile offenders; (3) a program is in place to trace all firearms seized from crime scenes or offenders in an effort to identify illegal gun traffickers; and (4) a program is in place to divert nonviolent juvenile offenders into substance or alcohol abuse treatment. Requires coalitions to establish a system to measure and report outcomes, devise a detailed model for measuring and evaluating success, and provide assurances that the plan will be evaluated regularly to assess progress in reducing violent juvenile crime. Directs the Attorney General to give priority to coalitions representing communities with demonstrated juvenile crime and drug abuse problems. Sets forth provisions regarding grant amounts, permitted use of funds, a Comptroller General report to Congress reviewing program effectiveness, and information collection and dissemination with respect to coalitions. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Kenai Mountains-Turnagain Arm National Heritage Area Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) The Kenai Mountains-Turnagain Arm transportation corridor is a major gateway to Alaska and includes a range of transportation routes used first by indigenous people who were followed by pioneers who settled the Nation's last frontier; (2) the natural history and scenic splendor of the region are equally outstanding; vistas of nature's power include evidence of earthquake subsidence, recent avalanches, retreating glaciers and tidal action along Turnagain Arm, which has the world's second greatest tidal range; (3) the cultural landscape formed by indigenous people and then by settlement, transportation and modern resource development in this rugged and often treacherous natural setting stands as powerful testimony to the human fortitude, perseverance, and resourcefulness that is America's proudest heritage from the people who settled the frontier; (4) there is a national interest in recognizing, preserving, promoting, and interpreting these resources; (5) the Kenai Mountains-Turnagain Arm region is geographically and culturally cohesive because it is defined by a corridor of historic routes--trail, water, railroad, and roadways through a distinct landscape of mountains, lakes, and fjords; (6) national significance of separate elements of the region include, but are not limited to, the Iditarod National Historic Trail, the Seward Highway National Scenic Byway, and the Alaska Railroad National Scenic Railroad; (7) national heritage area designation provides for the interpretation of these routes, as well as the national historic districts and numerous historic routes in the region as part of the whole picture of human history in the wider transportation corridor including early Native trade routes, connections by waterway, mining trail, and other routes; (8) national heritage area designation also provides communities within the region with the motivation and means for ``grass roots'' regional coordination and partnerships with each other and with borough, State, and Federal agencies; and (9) national heritage area designation is supported by the Kenai Peninsula Historical Association, the Seward Historical Commission, the Seward City Council, the Hope and Sunrise Historical Society, the Hope Chamber of Commerce, the Alaska Association for Historic Preservation, the Cooper Landing Community Club, the Alaska Wilderness Recreation and Tourism Association, Anchorage Historic Properties, the Anchorage Convention and Visitors Bureau, the Cook Inlet Historical Society, the Moose Pass Sportsman's Club, the Alaska Historical Commission, the Girdwood Board of Supervisors, the Kenai River Special Management Area Advisory Board, the Bird/Indian Community Council, the Kenai Peninsula Borough Trails Commission, the Alaska Division of Parks and Recreation, the Kenai Peninsula Borough, the Kenai Peninsula Tourism Marketing Council, and the Anchorage Municipal Assembly. (b) Purposes.--The purposes of this Act are-- (1) to recognize, preserve, and interpret the historic and modern resource development and cultural landscapes of the Kenai Mountains-Turnagain Arm historic transportation corridor, and to promote and facilitate the public enjoyment of these resources; and (2) to foster, through financial and technical assistance, the development of cooperative planning and partnership among the communities and borough, State, and Federal Government entities. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Kenai Mountains-Turnagain Arm National Heritage Area established by section 4(a) of this Act. (2) Management entity.--The term ``management entity'' means the 11 member Board of Directors of the Kenai Mountains- Turnagain Arm National Heritage Corridor Communities Association. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Kenai Mountains- Turnagain Arm National Heritage Area. (b) Boundaries.--The Heritage Area shall comprise the lands in the Kenai Mountains and upper Turnagain Arm region generally depicted on the map entitled ``Kenai Peninsula/Turnagain Arm National Heritage Corridor'', numbered ``Map #KMTA-1, and dated ``August 1999''. The map shall be on file and available for public inspection in the offices of the Alaska Regional Office of the National Park Service and in the offices of the Alaska State Heritage Preservation Officer. SEC. 5. MANAGEMENT ENTITY. (a) The Secretary shall enter into a cooperative agreement with the management entity, to carry out the purposes of this Act. The cooperative agreement shall include information relating to the objectives and management of the Heritage Area, including the following: (1) A discussion of the goals and objectives of the Heritage Area. (2) An explanation of the proposed approach to conservation and interpretation of the Heritage Area. (3) A general outline of the protection measures, to which the management entity commits. (b) Nothing in this Act authorizes the management entity to assume any management authorities or responsibilities on Federal lands. (c) Representatives of other organizations shall be invited and encouraged to participate with the management entity and in the development and implementation of the management plan, including but not limited to: The State Division of Parks and Outdoor Recreation; the State Division of Mining, Land and Water; the Forest Service; the State Historic Preservation Office; the Kenai Peninsula Borough; the Municipality of Anchorage; the Alaska Railroad; the Alaska Department of Transportation; and the National Park Service. (d) Representation of ex-officio members in the non-profit corporation shall be established under the bylaws of the management entity. SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Management Plan.-- (1) In general.--Not later than 3 years after the Secretary enters into a cooperative agreement with the management entity, the management entity shall develop a management plan for the Heritage Area, taking into consideration existing Federal, State, borough, and local plans. (2) Contents.--The management plan shall include, but not be limited to-- (A) comprehensive recommendations for conservation, funding, management, and development of the Heritage Area; (B) a description of agreements on actions to be carried out by Government and private organizations to protect the resources of the Heritage Area; (C) a list of specific and potential sources of funding to protect, manage, and develop the Heritage Area; (D) an inventory of the resources contained in the Heritage Area; and (E) a description of the role and participation of other Federal, State, and local agencies that have jurisdiction on lands within the Heritage Area. (b) Priorities.--The management entity shall give priority to the implementation of actions, goals, and policies set forth in the cooperative agreement with the Secretary and the heritage plan, including assisting communities within the region in-- (1) carrying out programs which recognize important resource values in the Heritage Area; (2) encouraging economic viability in the affected communities; (3) establishing and maintaining interpretive exhibits in the Heritage Area; (4) improving and interpreting heritage trails; (5) increasing public awareness and appreciation for the natural, historical, and cultural resources and modern resource development of the Heritage Area; (6) restoring historic buildings and structures that are located within the boundaries of the Heritage Area; and (7) ensuring that clear, consistent, and appropriate signs identifying public access points and sites of interest are placed throughout the Heritage Area. (c) Public Meetings.--The management entity shall conduct 2 or more public meetings each year regarding the initiation and implementation of the management plan for the Heritage Area. The management entity shall place a notice of each such meeting in a newspaper of general circulation in the Heritage Area and shall make the minutes of the meeting available to the public. SEC. 7. DUTIES OF THE SECRETARY. (a) The Secretary, in consultation with the Governor of Alaska, or his designee, is authorized to enter into a cooperative agreement with the management entity. The cooperative agreement shall be prepared with public participation. (b) In accordance with the terms and conditions of the cooperative agreement and upon the request of the management entity, and subject to the availability of funds, the Secretary may provide administrative, technical, financial, design, development, and operations assistance to carry out the purposes of this Act. SEC. 8. SAVINGS PROVISIONS. (a) Regulatory Authority.--Nothing in this Act shall be construed to grant powers of zoning or management of land use to the management entity of the Heritage Area. (b) Effect on Authority of Governments.--Nothing in this Act shall be construed to modify, enlarge, or diminish any authority of the Federal, State, or local governments to manage or regulate any use of land as provided for by law or regulation. (c) Effect on Business.--Nothing in this Act shall be construed to obstruct or limit business activity on private development or resource development activities. SEC. 9. PROHIBITION ON THE ACQUISITION OR REAL PROPERTY. The management entity may not use funds appropriated to carry out the purposes of this Act to acquire real property or interest in real property. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) First Year.--For the first year $350,000 is authorized to be appropriated to carry out the purposes of this Act, and is made available upon the Secretary and the management entity completing a cooperative agreement. (b) In General.--There is authorized to be appropriated not more than $1,000,000 to carry out the purposes of this Act for any fiscal year after the first year. Not more than $10,000,000, in the aggregate, may be appropriated for the Heritage Area. (c) Matching Funds.--Federal funding provided under this Act shall be matched at least 25 percent by other funds or in-kind services. (d) Sunset Provision.--The Secretary may not make any grant or provide any assistance under this Act beyond 15 years from the date that the Secretary and management entity complete a cooperative agreement.", "summary": "Kenai Mountains-Turnagain Arm National Heritage Area Act - Establishes the Kenai Mountains-Turnagain Arm National Heritage Area in Alaska. Requires: (1) the Secretary of the Interior to enter into a cooperative agreement with the Board of Directors of the Kenai Mountains-Turnagain Arm National Heritage Corridor Communities Association; and (2) the Association to develop a management plan for the Heritage Area. Prohibits the Association from using funds appropriated to carry out this Act to acquire real property."}
{"article": "SECTION 1. PRIORITY REVIEW FOR BREAKTHROUGH DEVICES. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended-- (1) in section 515(d)-- (A) by striking paragraph (5); and (B) by redesignating paragraph (6) as paragraph (5); and (2) by inserting after section 515A (21 U.S.C. 360e-1) the following: ``SEC. 515B. PRIORITY REVIEW FOR BREAKTHROUGH DEVICES. ``(a) In General.--In order to provide for more effective treatment or diagnosis of life-threatening or irreversibly debilitating human diseases or conditions, the Secretary shall establish a program to provide priority review for devices-- ``(1) representing breakthrough technologies; ``(2) for which no approved alternatives exist; ``(3) offering significant advantages over existing approved or cleared alternatives, including the potential to, compared to existing approved or cleared alternatives, reduce or eliminate the need for hospitalization, improve patient quality of life, facilitate patients' ability to manage their own care (such as through self-directed personal assistance), or establish long-term clinical efficiencies; or ``(4) the availability of which is in the best interest of patients. ``(b) Request for Designation.--A sponsor of a device may request that the Secretary designate the device for priority review under this section. Any such request for designation may be made at any time prior to the submission of an application under section 515(c), a petition for classification under section 513(f)(2), or a notification under section 510(k). ``(c) Designation Process.-- ``(1) In general.--Not later than 60 calendar days after the receipt of a request under subsection (b), the Secretary shall determine whether the device that is the subject of the request meets the criteria described in subsection (a). If the Secretary determines that the device meets the criteria, the Secretary shall designate the device for priority review. ``(2) Review.--Review of a request under subsection (b) shall be undertaken by a team that is composed of experienced staff and managers of the Food and Drug Administration and is chaired by a senior manager. ``(3) Designation determination.--A determination approving or denying a request under subsection (b) shall be considered a significant decision under section 517A and the Secretary shall provide a written, substantive summary of the basis for the determination in accordance with section 517A(a). ``(4) Reconsideration.-- ``(A) Request for reconsideration.--Any person whose request under subsection (b) is denied may, within 30 days of the denial, request reconsideration of the denial in accordance with section 517A(b)-- ``(i) based upon the submission of documents by such person; or ``(ii) based upon such documents and a meeting or teleconference. ``(B) Response.--Reconsideration of a designation determination under this paragraph shall be conducted in accordance with section 517A(b). ``(5) Withdrawal.--If the Secretary approves a priority review designation for a device under this section, the Secretary may not withdraw the designation based on the fact that the criteria specified in subsection (a) are no longer met because of the subsequent clearance or approval of another device that was designated under-- ``(A) this section; or ``(B) section 515(d)(5) (as in effect immediately prior to the enactment of the 21st Century Cures Act). ``(d) Priority Review.-- ``(1) Actions.--For purposes of expediting the development and review of devices designated under subsection (c), the Secretary shall-- ``(A) assign a team of staff, including a team leader with appropriate subject matter expertise and experience, for each device for which a request is submitted under subsection (b); ``(B) provide for oversight of the team by senior agency personnel to facilitate the efficient development of the device and the efficient review of any submission described in subsection (b) for the device; ``(C) adopt an efficient process for timely dispute resolution; ``(D) provide for interactive communication with the sponsor of the device during the review process; ``(E) expedite the Secretary's review of manufacturing and quality systems compliance, as applicable; ``(F) disclose to the sponsor in advance the topics of any consultation concerning the sponsor's device that the Secretary intends to undertake with external experts or an advisory committee and provide the sponsor an opportunity to recommend such external experts; ``(G) for applications submitted under section 515(c), provide for advisory committee input, as the Secretary determines appropriate (including in response to the request of the sponsor); and ``(H) assign staff to be available within a reasonable time to address questions by institutional review committees concerning the conditions and clinical testing requirements applicable to the investigational use of the device pursuant to an exemption under section 520(g). ``(2) Additional actions.--In addition to the actions described in paragraph (1), for purposes of expediting the development and review of devices designated under subsection (c), the Secretary, in collaboration with the device sponsor, may, as appropriate-- ``(A) coordinate with the sponsor regarding early agreement on a data development plan; ``(B) take steps to ensure that the design of clinical trials is as efficient as practicable, such as through adoption of shorter or smaller clinical trials, application of surrogate endpoints, and use of adaptive trial designs and Bayesian statistics, to the extent scientifically appropriate; ``(C) facilitate, to the extent scientifically appropriate, expedited and efficient development and review of the device through utilization of timely postmarket data collection, with regard to applications for approval under section 515(c); and ``(D) agree to clinical protocols that the Secretary will consider binding on the Secretary and the sponsor, subject to-- ``(i) changes agreed to by the sponsor and the Secretary; ``(ii) changes that the Secretary determines are required to prevent an unreasonable risk to the public health; or ``(iii) the identification of a substantial scientific issue determined by the Secretary to be essential to the safety or effectiveness of the device involved. ``(e) Priority Review Guidance.-- ``(1) Content.--The Secretary shall issue guidance on the implementation of this section. Such guidance shall include the following: ``(A) The process for a person to seek a priority review designation. ``(B) A template for requests under subsection (b). ``(C) The criteria the Secretary will use in evaluating a request for priority review. ``(D) The standards the Secretary will use in assigning a team of staff, including team leaders, to review devices designated for priority review, including any training required for such personnel on effective and efficient review. ``(2) Process.--Prior to finalizing the guidance under paragraph (1), the Secretary shall propose such guidance for public comment. ``(f) Construction.-- ``(1) Purpose.--This section is intended to encourage the Secretary and provide the Secretary sufficient authorities to apply efficient and flexible approaches to expedite the development of, and prioritize the agency's review of, devices that represent breakthrough technologies. ``(2) Construction.--Nothing in this section shall be construed to alter the criteria and standards for evaluating an application pursuant to section 515(c), a report and request for classification under section 513(f)(2), or a report under section 510(k), including the recognition of valid scientific evidence as described in section 513(a)(3)(B), and consideration of the least burdensome means of evaluating device effectiveness or demonstrating substantial equivalence between devices with differing technological characteristics, as applicable. Nothing in this section alters the authority of the Secretary to act on an application pursuant to section 515(d) before completion of an establishment inspection, as the Secretary deems appropriate.''. (b) Conforming Amendment Related to Designation Determinations.-- Section 517A(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360g-1(a)(1)) is amended by inserting ``a request for designation under section 515B,'' after ``an application under section 515,''.", "summary": "This bill amends the Federal Food, Drug, and Cosmetic Act to replace the requirement that the Food and Drug Administration (FDA) prioritize review of breakthrough medical devices with a requirement that the FDA establish a program to provide priority review for breakthrough medical devices. Prior to submitting an application for approval, a medical device sponsor may request that the FDA designate the medical device for priority review. The FDA must provide a summary of the basis for its determination regarding designation. To expedite the development and review of designated medical devices, the FDA must: assign a team of staff for each device, adopt an efficient process for dispute resolution, provide for interactive communication with the device sponsor, expedite review of manufacturing and quality systems compliance, disclose to the sponsor in advance the topics of any consultation between the FDA and external experts or an advisory committee and provide the sponsor the opportunity to recommend external experts, assign staff to address questions by institutional review committees concerning investigational use of the device. The FDA may: (1) coordinate with the sponsor regarding early agreement on a data development plan; (2) take steps to ensure that the design of clinical trials is as efficient as practicable; (3) utilize timely postmarket data collection; and (4) agree to clinical protocols, subject to an FDA determination that changes are required to prevent an unreasonable risk to the public health or that a substantial scientific issue is essential to the safety or effectiveness of the device."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``EINSTEIN Act of 2015''. SEC. 2. PROTECTION OF FEDERAL CIVILIAN INFORMATION SYSTEMS. (a) In General.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the following new section: ``SEC. 230. AVAILABLE PROTECTION OF FEDERAL CIVILIAN INFORMATION SYSTEMS. ``(a) In General.--The Secretary shall deploy, operate, and maintain, to make available for use by any Federal agency, with or without reimbursement, capabilities to protect Federal agency information and Federal civilian information systems, including technologies to diagnose, detect, prevent, and mitigate against cybersecurity risks involving Federal agency information or Federal civilian information systems. ``(b) Activities.--In carrying out this section, the Secretary may-- ``(1) access, and Federal agency heads may disclose to the Secretary or a private entity providing assistance to the Secretary under paragraph (2), information traveling to or from or stored on a Federal civilian information system, regardless of from where the Secretary or a private entity providing assistance to the Secretary under paragraph (2) accesses such information, notwithstanding any other provision of law that would otherwise restrict or prevent Federal agency heads from disclosing such information to the Secretary or a private entity providing assistance to the Secretary under paragraph (2); ``(2) enter into contracts or other agreements, or otherwise request and obtain the assistance of, private entities to deploy, operate, and maintain technologies in accordance with subsection (a); and ``(3) retain, use, and disclose information obtained through the conduct of activities authorized under this section only to protect Federal agency information and Federal civilian information systems from cybersecurity risks or in furtherance of the national cybersecurity and communications integration center's authority under the second section 226, or, with the approval of the Attorney General and if disclosure of such information is not otherwise prohibited by law, to law enforcement only to investigate, prosecute, disrupt, or otherwise respond to-- ``(A) a violation of section 1030 of title 18, United States Code; ``(B) an imminent threat of death or serious bodily harm; ``(C) a serious threat to a minor, including sexual exploitation or threats to physical safety; or ``(D) an attempt, or conspiracy, to commit an offense described in any of subparagraphs (A) through (C). ``(c) Conditions.--Contracts or other agreements under subsection (b)(2) shall include appropriate provisions barring-- ``(1) the disclosure of information to any entity other than the Department or a Federal agency disclosing information in accordance with subsection (b)(1) that can be used to identify specific persons and is reasonably believed to be unrelated to a cybersecurity risk; and ``(2) the use of any information to which such private entity gains access in accordance with this section for any purpose other than to protect Federal agency information and Federal civilian information systems against cybersecurity risks or to administer any such contract or other agreement. ``(d) Limitation.--No cause of action shall lie in any court against a private entity for assistance provided to the Secretary in accordance with this section and a contract or agreement under subsection (b)(2). ``(e) Definition.--The term `cybersecurity risk' has the meaning given such term in the second section 226 (relating to the national cybersecurity and communications integration center).''. (b) Definitions.--Paragraphs (1) and (2) of the second section 226 of the Homeland Security Act of 2002 (6 U.S.C. 148; relating to the national cybersecurity and communications integration center) are amended to read as follows: ``(1)(A) except as provided in subparagraph (B), the term `cybersecurity risk' means threats to and vulnerabilities of information or information systems and any related consequences caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or destruction of such information or information systems, including such related consequences caused by an act of terrorism; and ``(B) such term does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement; ``(2) the term `incident' means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system, or actually or imminently jeopardizes, without lawful authority, an information system;''. (c) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 is amended by adding at the end the following new item: ``Sec. 230. Available protection of Federal civilian information systems.''.", "summary": "EINSTEIN Act of 2015 Amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS) to deploy, operate, and maintain (to make available for use by any federal agency, with or without reimbursement) capabilities to protect federal agency information and federal civilian information systems, including technologies to continuously diagnose, detect, prevent, and mitigate against cybersecurity risks involving such information or systems. Authorizes the DHS Secretary to access, and allows federal agency heads to disclose to the Secretary, information traveling to or from or stored on such systems, regardless of from where the Secretary accesses such information, notwithstanding any law that would otherwise restrict or prevent such disclosures. Authorizes the Secretary to retain, use, and disclose information obtained through such activities only to protect federal agency information and federal civilian information systems from cybersecurity risks or in furtherance of the national cybersecurity and communications integration center's (NCCIC's) authority, or, with DOJ approval and if disclosure of such information is not otherwise prohibited by law, to law enforcement only to investigate, prosecute, disrupt, or otherwise respond to: criminal computer fraud; an imminent threat of death or serious bodily harm; a serious threat to a minor, including sexual exploitation or threats to physical safety; or an attempt or conspiracy to commit any of such offenses. Provides liability protections to private entities authorized to assist the Secretary for such purposes. Redefines for purposes of the NCCIC's cybersecurity functions: (1) "cybersecurity risk" to exclude actions that solely involve a violation of a consumer term of service or a consumer licensing agreement; and (2) "incident" to include an occurrence that actually or imminently jeopardizes, without lawful authority, an information system, thereby replacing a standard that includes occurrences that constitute a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Land Use and Institutionalized Persons Act of 2000''. SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE. (a) Substantial Burdens.-- (1) General rule.--No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution-- (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest. (2) Scope of application.--This subsection applies in any case in which-- (A) the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability; (B) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or (C) the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved. (b) Discrimination and Exclusion.-- (1) Equal terms.--No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution. (2) Nondiscrimination.--No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination. (3) Exclusions and limits.--No government shall impose or implement a land use regulation that-- (A) totally excludes religious assemblies from a jurisdiction; or (B) unreasonably limits religious assemblies, institutions, or structures within a jurisdiction. SEC. 3. PROTECTION OF RELIGIOUS EXERCISE OF INSTITUTIONALIZED PERSONS. (a) General Rule.--No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in section 2 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997), even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person-- (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (b) Scope of Application.--This section applies in any case in which-- (1) the substantial burden is imposed in a program or activity that receives Federal financial assistance; or (2) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes. SEC. 4. JUDICIAL RELIEF. (a) Cause of Action.--A person may assert a violation of this Act as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. (b) Burden of Persuasion.--If a plaintiff produces prima facie evidence to support a claim alleging a violation of the Free Exercise Clause or a violation of section 2, the government shall bear the burden of persuasion on any element of the claim, except that the plaintiff shall bear the burden of persuasion on whether the law (including a regulation) or government practice that is challenged by the claim substantially burdens the plaintiff's exercise of religion. (c) Full Faith and Credit.--Adjudication of a claim of a violation of section 2 in a non-Federal forum shall not be entitled to full faith and credit in a Federal court unless the claimant had a full and fair adjudication of that claim in the non-Federal forum. (d) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended-- (1) by inserting ``the Religious Land Use and Institutionalized Persons Act of 2000,'' after ``Religious Freedom Restoration Act of 1993,''; and (2) by striking the comma that follows a comma. (e) Prisoners.--Nothing in this Act shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act). (f) Authority of United States To Enforce This Act.--The United States may bring an action for injunctive or declaratory relief to enforce compliance with this Act. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the United States, or any agency, officer, or employee of the United States, acting under any law other than this subsection, to institute or intervene in any proceeding. (g) Limitation.--If the only jurisdictional basis for applying a provision of this Act is a claim that a substantial burden by a government on religious exercise affects, or that removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, the provision shall not apply if the government demonstrates that all substantial burdens on, or the removal of all substantial burdens from, similar religious exercise throughout the Nation would not lead in the aggregate to a substantial effect on commerce with foreign nations, among the several States, or with Indian tribes. SEC. 5. RULES OF CONSTRUCTION. (a) Religious Belief Unaffected.--Nothing in this Act shall be construed to authorize any government to burden any religious belief. (b) Religious Exercise Not Regulated.--Nothing in this Act shall create any basis for restricting or burdening religious exercise or for claims against a religious organization, including any religiously affiliated school or university, not acting under color of law. (c) Claims to Funding Unaffected.--Nothing in this Act shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity, but this Act may require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise. (d) Other Authority To Impose Conditions on Funding Unaffected.-- Nothing in this Act shall-- (1) authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (2) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. (e) Governmental Discretion in Alleviating Burdens on Religious Exercise.--A government may avoid the preemptive force of any provision of this Act by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. (f) Effect on Other Law.--With respect to a claim brought under this Act, proof that a substantial burden on a person's religious exercise affects, or removal of that burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, shall not establish any inference or presumption that Congress intends that any religious exercise is, or is not, subject to any law other than this Act. (g) Broad Construction.--This Act shall be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this Act and the Constitution. (h) No Preemption or Repeal.--Nothing in this Act shall be construed to preempt State law, or repeal Federal law, that is equally as protective of religious exercise as, or more protective of religious exercise than, this Act. (i) Severability.--If any provision of this Act or of an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provision to any other person or circumstance shall not be affected. SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED. Nothing in this Act shall be construed to affect, interpret, or in any way address that portion of the first amendment to the Constitution prohibiting laws respecting an establishment of religion (referred to in this section as the ``Establishment Clause''). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this Act. In this section, the term ``granting'', used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions. SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT. (a) Definitions.--Section 5 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-2) is amended-- (1) in paragraph (1), by striking ``a State, or a subdivision of a State'' and inserting ``or of a covered entity''; (2) in paragraph (2), by striking ``term'' and all that follows through ``includes'' and inserting ``term `covered entity' means''; and (3) in paragraph (4), by striking all after ``means'' and inserting ``religious exercise, as defined in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000.''. (b) Conforming Amendment.--Section 6(a) of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking ``and State''. SEC. 8. DEFINITIONS. In this Act: (1) Claimant.--The term ``claimant'' means a person raising a claim or defense under this Act. (2) Demonstrates.--The term ``demonstrates'' means meets the burdens of going forward with the evidence and of persuasion. (3) Free exercise clause.--The term ``Free Exercise Clause'' means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion. (4) Government.--The term ``government''-- (A) means-- (i) a State, county, municipality, or other governmental entity created under the authority of a State; (ii) any branch, department, agency, instrumentality, or official of an entity listed in clause (i); and (iii) any other person acting under color of State law; and (B) for the purposes of sections 4(b) and 5, includes the United States, a branch, department, agency, instrumentality, or official of the United States, and any other person acting under color of Federal law. (5) Land use regulation.--The term ``land use regulation'' means a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant's use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest. (6) Program or activity.--The term ``program or activity'' means all of the operations of any entity described in paragraph (1) or (2) of section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a). (7) Religious exercise.-- (A) In general.--The term ``religious exercise'' includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief. (B) Rule.--The use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose.", "summary": "Prohibits any government from imposing a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in the Civil Rights of Institutionalized Persons Act, even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. States that nothing in this Act shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare/Medicaid Solvency Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) illnesses and diseases that result from the use of tobacco products cost Federal Government health care programs billions of dollars, including $10,200,000,000 in the medicare program, $5,100,000,000 in the medicaid program, and $4,700,000,000 in other Federal health programs in fiscal year 1993; (2) in April 1994, the trustees of the medicare trust funds concluded that such funds may be insolvent in 2001; (3) such insolvency would severely affect the ability of the medicare trust funds to continue to protect the health of America's senior citizens; and (4) the medicare population has a significantly higher risk of contracting illnesses and diseases that result from the use of tobacco products than younger age groups. (b) Purpose.--The purpose of this Act is to insure the long-term viability of the medicare, medicaid, and other federal health programs by establishing a dedicated trust fund to reimburse the government for the health care costs of individuals with diseases attributable to the use of tobacco products. SEC. 3. TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH CARE COST REIMBURSEMENT TRUST FUND. (a) In General.--The Internal Revenue Code of 1986 is amended by adding at the end the following new subtitle: ``Subtitle K--Tobacco Product Manufacturers Contribution to Health Care Cost Reimbursement Trust Fund. ``Chapter 100. Tobacco Product Manufacturers Contribution to Health Care Cost Reimbursement Trust Fund. ``CHAPTER 100--TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH CARE COST REIMBURSEMENT TRUST FUND. ``Sec. 9801. Establishment of Tobacco Product Health Care Cost Reimbursement Trust Fund. ``Sec. 9802. Contributions to Trust Fund. ``SEC. 9801. ESTABLISHMENT OF TOBACCO PRODUCT HEALTH CARE COST REIMBURSEMENT TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Tobacco Product Health Care Cost Reimbursement Trust Fund' (hereafter referred to in this chapter as the `Trust Fund'), consisting of such amounts as may be appropriated or transferred to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--The Secretary shall transfer to the Trust Fund an amount equivalent to contributions received in the Treasury under section 9802. ``(c) Distribution of Amounts in Trust Fund.-- ``(1) In general.--The amounts in the Trust Fund shall be available in each fiscal year (beginning with fiscal year 1997), as provided by appropriation Acts, to the Secretary-- ``(A) to distribute to each particular Secretary responsible for the expenditure of Federal funds for that fiscal year under title XVIII or XIX of the Social Security Act or any other Federal program for the payment of health care costs of individuals with diseases attributable to the use of tobacco products, and ``(B) to pay all expenses of administration incurred by the Department of the Treasury in administering this chapter and the Trust Fund. ``(2) Determination of distribution.--Each particular Secretary described in paragraph (1)(A) shall submit to the Secretary of the Treasury such documentation as the Secretary requires to determine the appropriate distribution under paragraph (1)(A). ``(3) Use of distributions.--In any case in which an expenditure of Federal funds described in paragraph (1)(A) was made from a trust fund, the distribution under paragraph (1)(A) reimbursing such expenditure shall be made to such trust fund. ``(4) State medicaid expenditures.--For purposes of this section, the Secretary of Health and Human Services shall include in the Secretary's submission under paragraph (2) the expenditure of State funds under State plans under title XIX of the Social Security Act for the payment of health care costs of individuals with diseases attributable to the use of tobacco products, and to the extent the distribution to the Secretary under paragraph (1)(A) is attributable to such expenditure, shall reimburse the various States for such expenditures. ``(d) Administrative Rules.--For purposes of this section, the rules of subchapter B of chapter 98 shall apply. ``(e) Tobacco Products.--For purposes of this chapter, the term `tobacco products' has the meaning given such term by section 5702(c). ``SEC. 9802. CONTRIBUTIONS TO TRUST FUND. ``(a) Annual Premiums.--Each manufacturer of tobacco products shall pay to the Trust Fund, an annual contribution equal to the product of the amount determined under subsection (b) for each fiscal year (beginning with fiscal year 1997) and the manufacturer's market share percentage determined under subsection (c) for the calendar year preceding such fiscal year. ``(b) Determination of Funding Levels.-- ``(1) In general.--Not later than the date the President is required to submit the budget of the United States for a fiscal year to Congress, the Director of the Centers for Disease Control and Prevention, after consultation with the Directors of the National Institutes of Health, the National Cancer Institute, and the National Heart, Lung, and Blood Institute, shall make an estimate of-- ``(A) the amount of Federal expenditures for that fiscal year under titles XVIII and XIX of the Social Security Act and other Federal programs, and ``(B) the amount of State expenditures for that fiscal year under State plans under title XIX of the Social Security Act, for payment of health care costs of individuals with diseases attributable to the use of tobacco products. ``(2) Disclosure of estimate methodology.--The Director of the Centers for Disease Control and Prevention shall publish in the Federal Register all relevant documentation considered and the methodology used in making the estimate described in paragraph (1). ``(3) Report in budget.--The President shall include the estimate described in paragraph (1) in the budget for the fiscal year. ``(c) Market Share Percentage.-- ``(1) In general.--Not later than July 1, the Secretary shall determine and publish the market share percentage for the preceding calendar year for each manufacturer of tobacco products by determining such manufacturer's percentage share of the total amount of tobacco products sold in the United States during such calendar year. ``(2) Information.--Not later than April 1, each manufacturer of tobacco products shall furnish to the Secretary such information as the Secretary may require to determine any market share percentage under this subsection for the preceding calendar year. ``(d) Payment of Contributions.--The annual contribution under subsection (a) for any fiscal year shall be payable in 12 monthly installments, due on the twenty-fifth day of each calendar month in the fiscal year. ``(e) Enforcement.--For penalties and other general and administrative provisions applicable to this section, see subtitle F. ``(f) Manufacturer of Tobacco Products.--For purposes of this section, the term `manufacturer of tobacco products' has the meaning given such term by section 5702(d).'' (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.", "summary": "Medicare/Medicaid Solvency Act - Amends the Internal Revenue Code to establish in the Treasury the Tobacco Product Health Care Cost Reimbursement Trust Fund. Directs the Secretary of the Treasury to: (1) distribute amounts in the Fund to each Secretary responsible for the expenditure of Federal funds for that fiscal year (beginning with FY 1997) under titles XXVIII (Medicare) and XIX (Medicaid) of the Social Security Act or any other Federal program for the payment of health care costs for individuals with diseases attributable to the use of tobacco products; and (2) pay administrative expenses of the Fund. Requires each manufacturer of tobacco products to pay to the Fund an annual contribution based on the total amount of tobacco-related Federal health care costs in proportion to that manufacturer's share of the tobacco market."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Vehicles Incentive Act of 2013''. SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45S. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. ``(a) In General.--For purposes of section 38, in the case of an eligible business the clean-fuel credit determined under this section for the taxable year is the sum of-- ``(1) the clean-fuel property credit, plus ``(2) the clean-burning fuel use credit. ``(b) Clean-Fuel Property Credit.-- ``(1) In general.--The clean-fuel property credit is the sum of-- ``(A) qualified vehicle property costs, plus ``(B) qualified refueling property costs. ``(2) Qualified vehicle property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified vehicle property costs' means the amount paid or incurred by the eligible business for qualified clean-fuel vehicle property which is placed in service during the taxable year by the eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Limitation.--The amount which may be taken into account under subparagraph (A) with respect to any motor vehicle shall not exceed-- ``(i) $8,000, in the case of a motor vehicle with a gross vehicle weight rating of not more than 8,500 pounds, ``(ii) $20,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds, ``(iii) $40,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and ``(iv) $80,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 26,000 pounds. ``(C) Qualified clean-fuel vehicle property.--The term `qualified clean-fuel vehicle property' shall have the meaning given to such term by section 179A(c) (without regard to paragraphs (1)(A) and (3) thereof), except that such term does not include property that is a motor vehicle propelled by a fuel that is not a clean-burning fuel. ``(3) Qualified refueling property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified refueling property costs' means amounts paid or incurred by the eligible business for qualified clean-fuel vehicle refueling property (as defined by section 179A(d)) which is placed in service in a nonattainment area during the taxable year by the eligible business. ``(B) Limitation.-- ``(i) In general.--The aggregate cost which may be taken into account under subparagraph (A) with respect to qualified clean-fuel vehicle refueling property placed in service by the eligible business during the taxable year at a location shall not exceed the lesser of-- ``(I) $150,000, or ``(II) the cost of such property reduced by the amount described in clause (ii). ``(ii) Reduction for amounts previously taken into account.--For purposes of clause (i)(II), the amount described in this clause is the sum of-- ``(I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and ``(II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. ``(iii) Special rules.--For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. ``(c) Clean-Burning Fuel Use Credit.-- ``(1) In general.--For purposes of subsection (a), the clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible business during the taxable year to propel qualified clean-fuel vehicle property. ``(2) Clean-burning fuel.--For purposes of paragraph (1), the term `clean-burning fuel' has the meaning given to such term by section 179A, except that such term includes compressed natural gas and biodiesel (as defined by section 40A(d)(1)). ``(3) Gasoline gallon equivalent.--For purposes of paragraph (1), the term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(d) Other Definitions.--For purposes of this section-- ``(1) Eligible business.--The term `eligible business' means-- ``(A) a qualified business entity or a qualified proprietorship (as such terms are defined by section 1397C, determined by substituting `nonattainment area' for `empowerment zone' and `enterprise zone' each place it appears), and ``(B) a trade or business located outside of a nonattainment area, but only with respect to qualified clean-fuel vehicle property used substantially within a nonattainment area. ``(2) Nonattainment area.--The term `nonattainment area' shall have the meaning given to such term by section 171 of the Clean Air Act (42 U.S.C. 7501). ``(e) Denial of Double Benefit.--Except as provided in section 30B(d)(4), no credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(f) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) with respect to any property substantially all of the use of which is not in a nonattainment area.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(37) the clean-fuel credit determined under section 45S.''. (c) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection: ``(i) Zone Clean Fuels Expenses.--No deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45S.''. (d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph (B) of section 38(c)(4) of such Code (relating to specified credits) is amended by striking ``and'' at the end of clause (viii), by striking the period at the end of clause (ix) and inserting ``, and'', and by inserting after clause (ix) the following: ``(x) the credit determined under section 45S.''. (e) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding after paragraph (14) the following new paragraph: ``(15) the clean fuels credit determined under section 45S.''. (f) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45R the following new item: ``Sec. 45S. Clean-fuel credit with respect to businesses located in nonattainment areas.''. (g) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2012. SEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT AREAS. (a) In General.--Subsection (d) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Vehicles placed in service in nonattainment area after 2012.-- ``(A) In general.--No amount shall be allowed as a credit determined under this subsection for any taxable year beginning after 2012 with respect to a new qualified hybrid motor vehicle unless such vehicle is placed in service by an eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) by reason of subparagraph (A) with respect to any property substantially all of the use of which is not in a nonattainment area. ``(C) Phaseout not to apply.--For purposes of this subsection, subsection (f) shall not apply. ``(D) Definitions.--For purposes of this subsection, the terms `eligible business' and `nonattainment area' have the meanings given such terms by section 45S(d).''. (b) Extension of Credit for Hybrid Vehicles Placed in Service in Nonattainment Areas.--Paragraph (3) of section 30(k) of such Code is amended to read as follows: ``(3) in the case of a new qualified hybrid motor vehicle (as described in subsection (d)(2)(B))-- ``(A) December 31, 2009, and before January 1, 2013, or ``(B) December 31, 2012, and before January 1, 2018.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2012.", "summary": "Clean Vehicles Incentive Act of 2013 - Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and the use of clean-burning fuel. Allows the credit to be taken against regular and alternative minimum tax liabilities. Allows a tax deduction for any unused clean fuel credit amounts. Allows a new qualified hybrid motor vehicle tax credit for any taxable year after 2012 only for such a vehicle which is placed in service after December 31, 2012, by an eligible business and substantially all of the use of which is in a nonattainment area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Child Care for Homeless Families Act of 2012''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) Child and youth homelessness has increased by 38 percent during the period since 2006, and Head Start programs have registered a 44 percent increase in the number of homeless children served over that same period. (2) Among homeless children living in shelters supported by the Department of Housing and Urban Development, 50 percent are under 5 years old. (3) A 2010 study by the Eunice Kennedy Shriver National Institute of Child Health and Human Development found that children who had received high-quality care in the first few years of life scored higher on measures of academic and cognitive achievement when the children were 19 years old, and were less likely to misbehave, than children who had been enrolled in low-quality care in those years. (4) Homelessness has a negative impact on child development that surpasses the harmful impacts of poverty. A Head Start demonstration project serving homeless families indicated that the homeless children served had more instances of developmental delay, learning disabilities, and physical or mental health problems, compared with their low-income peers in stable housing. (5) For homeless families, residential instability, high mobility, documentation requirements, and lack of transportation are significant obstacles to accessing and retaining child care services. (6) According to a study by the Institute for Children, Poverty, and Homelessness, homeless families are less likely to receive government financial assistance for child care than families that are not homeless. (7) Without child care, homeless parents of young children struggle to search for employment, maintain employment, and enter job training programs. (8) Many parents who are domestic violence survivors who flee their homes try to find employment, but the parents are often limited by a lack of child care. In a survey of nearly 1,500 domestic violence survivors in domestic violence shelters, 29 percent indicated that they needed help with child care. (b) Sense of Congress.--It is the sense of Congress that-- (1)(A) Congress has enacted successful policies to increase homeless children's access to and stability in public elementary and secondary schools and Head Start programs; and (B) in order to increase homeless families' access to and continuity in child care, similar policies should be applied to Federal child care programs; and (2) such policies will assist homeless parents in maintaining employment and regaining housing, and will provide critical interventions to support that vulnerable population of children. SEC. 3. PURPOSE. The purpose of this Act is to ensure access to high-quality child care for homeless children and families. SEC. 4. CHILD CARE FOR HOMELESS CHILDREN. (a) Lead Agency Duties.--Section 658D(b)(1)(D) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b(b)(1)(D)) is amended by striking ``Federal, State and local child care and early childhood development programs.'' and inserting ``Federal, State, and local child care, early childhood development, and social service programs that shall include-- ``(1) Head Start and Early Head Start programs under the Head Start Act (42 U.S.C. 9831 et seq.); ``(2) programs, and services of partners, that serve vulnerable populations, including programs serving homeless children and services of local educational agency liaisons for homeless children and youths designated under subsection (g)(1)(J)(ii) of section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432); and ``(3) programs, and services of entities receiving grants, to provide to homeless veterans services authorized under chapter 20 of title 38, United States Code, consisting of housing, employment-related services (such as services under section 2021 or 2021A of such title), or supportive services (such as services authorized under section 2044 of such title).''. (b) Plan Requirements.--Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (D), by inserting ``, Head Start and Early Head Start agencies under the Head Start Act (42 U.S.C. 9831 et seq.), State Coordinators designated under subsection (d)(3), and local educational agency liaisons for homeless children and youths designated under subsection (g)(1)(J)(ii), of section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432), local educational agencies and providers of early intervention services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.),'' after ``children''; (B) in subparagraph (F)(i), by striking the semicolon and inserting ``and the establishment of a grace period that allows homeless children to receive services under this subchapter while their families are taking any necessary action to comply with immunization and other health and safety requirements;''; and (C) in subparagraph (H)-- (i) by striking ``and families'' and inserting ``families''; and (ii) by inserting ``, and families of homeless children'' before the period; (2) in paragraph (3)(B)-- (A) by inserting ``activities that improve access to such services (including transportation to child care services, procedures to permit immediate enrollment of homeless children while required documentation is obtained, training and technical assistance on identifying and serving homeless children and their families, and specific outreach to families described in paragraph (2)(H)),'' after ``availability of such services,''; and (B) by inserting ``, to homeless children,'' after ``family size)''; and (3) in paragraph (5), by adding at the end the following: ``Each sliding fee scale shall be applied using measures to ensure that cost sharing is not a barrier to the enrollment of families of homeless children.''. (c) Access and Outreach to Families of Homeless Children.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended-- (1) by inserting ``(such as resource and referral services)'' after ``and activities''; and (2) by striking ``(such as resource and referral services).'' and inserting ``, including developing strategies and partnerships to provide transportation to child care services and specific outreach to families described in section 658E(c)(2)(H)).'' after ``availability of child care''. (d) Reports.--Section 658K(a)(1)(B) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)(B)) is amended-- (1) in clause (ix), by striking ``and'' at the end; (2) in clause (x), by adding ``and'' at the end; and (3) by inserting after clause (x) the following: ``(xi) whether the children receiving assistance under this subchapter are homeless children;''. SEC. 5. PILOT PROGRAM. (a) Redesignation.--Section 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended-- (1) by striking the section heading; (2) by inserting ``(c) Report by Secretary.--'' before ``Not later''; (3) by striking ``section 658K'' and inserting ``this section''; and (4) by moving subsection (c) (as redesignated by paragraph (2)) to the end of section 658K. (b) Establishment of Program.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658K (42 U.S.C. 9858i), as amended by subsection (a), the following: ``SEC. 658L. PILOT PROGRAM. ``(a) In General.--The Secretary shall carry out a pilot program to identify and implement best practices for increasing access to and continuity of child care for homeless children. ``(b) Grants.--In carrying out the pilot program, the Secretary shall award to States not more than 5 grants of not more than $5,000,000 per grant. Each grant shall be for a period of not more than 3 years, beginning not later than March 31, 2013. ``(c) Application.--In order to be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. ``(d) Use of Funds.--A State that receives a grant under this section shall use the funds made available under the grant-- ``(1) to establish a pilot project for-- ``(A) implementing promising practices for increasing access to and continuity of child care for homeless children; and ``(B) identifying the best practices; and ``(2) to carry out subsection (e)(1). ``(e) Assessments and Reports.-- ``(1) State responsibilities.-- ``(A) Assessment.--A State that receives a grant under this section shall carry out data collection for and an assessment of its pilot project described in subsection (d)(1). ``(B) Report to the secretary.--Not later than 42 months after the first day of the grant period for a pilot project described in subsection (d)(1), the State carrying out the pilot project shall submit to the Secretary a report containing a summary of the results of the assessment described in subparagraph (A), including a description of the best practices identified. ``(2) Secretarial responsibilities.--Not later than 4 years after the first day of the latest grant period for a pilot project, the Secretary shall submit to Congress a report containing a summary of the reports received under paragraph (1) and a recommendation concerning whether and how to expand the pilot projects carried out with best practices. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2013 through 2015, which shall remain available through fiscal year 2017.''. SEC. 6. DEFINITIONS. Section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended-- (1) in paragraph (4)(C)-- (A) in clause (i), by striking ``or'' at the end; (B) in clause (ii), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(iii) is a homeless child.''; and (2) by adding at the end the following: ``(15) Homeless child.--The term `homeless child' means a homeless child or youth, as defined under section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.", "summary": "Improving Access to Child Care for Homeless Families Act of 2012 - Expresses the sense of Congress that: (1) Congress has enacted successful policies to increase homeless children's access to and stability in public elementary and secondary schools and Head Start Programs; (2) in order to increase homeless families' access to and continuity in care, similar policies should be applied to federal child care programs; and (3) such policies will assist homeless parents in maintaining employment and regaining housing, and will provide critical interventions to support that vulnerable population of children. Amends the Child Care and Development Block Grant Act of 1990 to require the lead agency to coordinate the provision of services under such Act with social services programs that include: (1) Head Start and Early Head Start programs under the Head Start Act; (2) programs and services of partners that serve vulnerable populations; and (3) programs and services of entities receiving grants to provide homeless veterans with housing, employment-related services, or supportive services. Revises state plan requirements to require consideration of homeless children in the use of funds for child care services and activities. Requires the Secretary of Health and Human Services (HHS) to carry out a pilot program of grants to states to identify and implement best practices for increasing access to and continuity of child care for homeless children."}
{"article": "SECTION 1. SCIENCE AND TECHNOLOGY. The Homeland Security Act of 2002 (Public Law 107-296) is amended-- (1) in section 308, by striking subsections (a) through (c)(1) and inserting in lieu thereof the following: ``(a) In General.--The Secretary, acting through the Under Secretary for Science and Technology, shall carry out the responsibilities under section 302(4) through both extramural and intramural programs. ``(b) Extramural Programs.-- ``(1) In general.--The Secretary, acting through the Under Secretary for Science and Technology, shall operate extramural research, development, demonstration, testing, and evaluation programs so as to-- ``(A) ensure that colleges, universities, private research institutes, and companies (and consortia thereof) from as many areas of the United States as practicable participate; ``(B) ensure that the research funded is of high quality, as determined through merit review processes developed under section 302(14); and ``(C) distribute funds through grants, cooperative agreements, and contracts. ``(2) University-based centers for homeland security.-- ``(A) Designation.--The Secretary, acting through the Under Secretary for Science and Technology, shall designate a university-based center or several university-based centers for homeland security. The purpose of the center or these centers shall be to establish a coordinated, university-based system to enhance the Nation's homeland security. ``(B) Criteria for designation.--Criteria for the designation of colleges or universities as a center for homeland security, shall include, but are not limited to, demonstrated expertise in the following: ``(i) The training of first responders. ``(ii) Responding to incidents involving weapons of mass destruction and biological warfare. ``(iii) Emergency and diagnostic medical services. ``(iv) Chemical, biological, radiological, and nuclear countermeasures or detection. ``(v) Animal and plant health and diagnostics. ``(vi) Food safety. ``(vii) Water and wastewater operations. ``(viii) Port and waterway security. ``(ix) Multi-modal transportation. ``(x) Information security and information engineering. ``(xi) Engineering. ``(xii) Educational outreach and technical assistance. ``(xiii) Border transportation and security. ``(xiv) The public policy implications and public dissemination of homeland security related research and development. ``(C) Discretion of secretary.--With respect to the designation of any given university-based center for homeland security, the Secretary may except certain criteria as specified in section 308(b)(2)(B) to the extent they are unnecessary to further homeland security interests for the purpose of that designation, and consider additional criteria beyond those specified in section 308(b)(2)(B) if necessary to meet the needs of homeland security. Upon designation of a university- based center for homeland security, the Secretary shall that day publish in the Federal Register the criteria that were excepted or added in the selection process and the justification for the set of criteria that were used for that designation. ``(D) Report to congress.--The Secretary shall report annually, from the date of enactment, to Congress concerning the implementation of this section. That report shall indicate which center or centers have been designated and how the designation or designations enhance homeland security, as well as report any decisions to revoke or modify such designations. ``(E) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this paragraph. ``(c) Intramural Programs.-- ``(1) Consultation.--In carrying out the duties under section 302, the Secretary, acting through the Under Secretary for Science and Technology, may draw upon the expertise of any laboratory of the Federal Government, whether operated by a contractor or the Government.''; and (2) in subsection 835(d) by striking all after the word ``security'' and inserting in lieu thereof a period. SEC. 2. NON-PREJUDICIAL REPEAL OF SECTIONS 1714 THROUGH 1717 OF THE HOMELAND SECURITY ACT OF 2002. (a) Repeal.--In accordance with subsection (c), sections 1714 through 1717 of the Homeland Security Act of 2002 (Public Law 107-296) are repealed. (b) Application of the Public Health Service Act.--The Public Health Service Act (42 U.S.C. 201 et seq.) shall be applied and administered as if the sections repealed by subsection (a) had never been enacted. (c) Rule of Construction.--No inference shall be drawn from the enactment of sections 1714 through 1717 of the Homeland Security Act of 2002 (Public Law 107-296), or from this repeal, regarding the law prior to enactment of sections 1714 through 1717 of the Homeland Security Act of 2002 (Public Law 107-296). Further, no inference shall be drawn that subsection (a) or (b) effects any change in that prior law, or that Leroy v. Secretary of Health and Human Services, Office of Special Master, No. 02-392V (October 11, 2002), was incorrectly decided. (d) Sense of the House of Representatives.--It is the sense of the House of Representatives that-- (1) the Nation's ability to produce and develop new and effective vaccines faces significant challenges, and important steps are needed to revitalize our immunization efforts in order to ensure an adequate supply of vaccines and to encourage the development of new vaccines; (2) these steps include ensuring that patients who have suffered vaccine-related injuries have the opportunity to seek fair and timely redress, and that vaccine manufacturers, manufacturers of components or ingredients of vaccines, and physicians and other administrators of vaccines have adequate protections; (3) prompt action is particularly critical given that vaccines are a front line of defense against common childhood and adult diseases, as well as against current and future biological threats; and (4) not later than 6 months after the date of the enactment of this Act, the Committee on Energy and Commerce should report a bill addressing the issues described in paragraphs (1) through (3). SEC. 3. WAIVERS RELATING TO CONTRACTS WITH CORPORATE EXPATRIATES. Section 835 of the Homeland Security Act of 2002 (Public Law 107- 296) is amended by striking subsection (d) and inserting the following: ``(d) Waivers.--The Secretary shall waive subsection (a) with respect to any specific contract if the Secretary determines that the waiver is required in the interest of homeland security.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect as though enacted as part of the Homeland Security Act of 2002 (Public Law 107-296).", "summary": "Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology, to designate one or more university-based centers for homeland security. (Currently, the Secretary is required to establish one or more centers within one year after enactment of the Act.) Includes diagnostic medical services and information engineering as criteria for such designation. Authorizes the Secretary to except certain criteria and to consider additional criteria with respect to such designation in order to further homeland security interests.Repeals provisions of the Act which amend the Public Health Service Act to revise definitions of vaccine, vaccine manufacturer, and vaccine-related injury or death.Expresses the sense of the House of Representatives that the Committee on Energy and Commerce should report a bill addressing: (1) revitalizing immunization efforts by ensuring an adequate supply of vaccines and encouraging the development of new vaccines; and (2) ensuring that patients who have suffered vaccine-related injuries have an opportunity for fair redress and that vaccine manufacturers, physicians, and other administrators have adequate protections.Removes the authority of the Secretary to waive a prohibition on contracts with corporate expatriates when the Secretary determines that the waiver will prevent either the loss of jobs in the United States or costs that the Government otherwise would not occur."}
{"article": "TITLE I--PROHIBITION ON USE OF FUNDS FOR THE PARTICIPATION OF CERTAIN CHINESE OFFICIALS IN CONFERENCES, EXCHANGES, PROGRAMS, AND ACTIVITIES SEC. 101. PROHIBITION ON USE OF FUNDS. (a) Prohibition.--Notwithstanding any other provision of law, for fiscal years after fiscal year 1997, no funds appropriated or otherwise made available for the Department of State, the United States Information Agency, and the United States Agency for International Development may be used for the purpose of providing travel expenses and per diem for the participation of nationals of the People's Republic of China described in paragraphs (1) and (2) in conferences, exchanges, programs, and activities: (1) The head or political secretary of any of the following Chinese Government-created or approved organizations: (A) The Chinese Buddhist Association. (B) The Chinese Catholic Patriotic Association. (C) The National Congress of Catholic Representatives. (D) The Chinese Catholic Bishops' Conference. (E) The Chinese Protestant ``Three Self'' Patriotic Movement. (F) The China Christian Council. (G) The Chinese Taoist Association. (H) The Chinese Islamic Association. (2) Any military or civilian official or employee of the Government of the People's Republic of China who is directly involved in any of the following policies or practices or who was responsible for the supervision of persons directly involved in such policies or practices: (A) Formulating, drafting, or implementing repressive religious policies. (B) Imprisoning, detaining, or harassing individuals on religious grounds. (C) Promoting or participating in policies or practices which hinder religious activities or the free expression of religious beliefs. (b) Certification.-- (1) Each Federal agency subject to the prohibition of subsection (a) shall certify in writing to the appropriate congressional committees no later than 120 days after the date of enactment of this Act, and every 90 days thereafter, that it did not pay, either directly or through a contractor or grantee, for travel expenses or per diem of any national of the People's Republic of China described in subsection (a). (2) Each certification under paragraph (1) shall be supported by the following information: (A) The name of each employee of any agency of the Government of the People's Republic of China whose travel expenses or per diem were paid by funds of the reporting agency of the United States Government. (B) The procedures employed by the reporting agency of the United States Government to ascertain whether each individual under subparagraph (A) did or did not participate in activities described in subsection (a)(2). (C) The reporting agency's basis for concluding that each individual under subparagraph (A) did not participate in such activities. (c) Definition of Appropriate Congressional Committees.--For purposes of this section the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. SEC. 102. SUNSET PROVISION. Section 101 shall cease to have effect 4 years after the date of the enactment of this Act. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING FOR RADIO FREE ASIA AND VOICE OF AMERICA SEC. 201. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING. (a) Authorization of Appropriations for International Broadcasting to China.--In addition to such sums as are otherwise authorized to be appropriated for ``International Broadcasting Activities'' for fiscal years 1998 and 1999, there are authorized to be appropriated for ``International Broadcasting Activities'' $46,900,000 for fiscal year 1998 and $31,200,000 for fiscal year 1999, which shall be available only for broadcasting to China. (b) Limitations.-- (1) Radio free asia.-- (A) Of the funds authorized to be appropriated under subsection (a) $26,900,000 is authorized to be appropriated for fiscal year 1998 and $21,200,000 is authorized to be appropriated for fiscal year 1999 for Radio Free Asia. (B) Of the funds under subparagraph (A), $1,200,000 is authorized to be appropriated for each such fiscal year for additional personnel to staff Cantonese language broadcasting. (C) Of the funds under subparagraph (A) authorized to be appropriated for fiscal year 1998, $900,000 is authorized to be appropriated for additional advanced editing equipment. (2) 1998.-- (A) Of the funds under subsection (a) authorized to be appropriated for fiscal year 1998, $11,800,000 is authorized to be appropriated for capital expenditures for the purchase and construction of transmission facilities. (B) Of the funds under subsection (a) authorized to be appropriated for fiscal year 1998, $3,000,000 is authorized to be appropriated to facilitate the timely augmentation of transmitters at Tinian, Commonwealth of Northern Marianas. (c) Allocation.--Of the amounts authorized to be appropriated under subsection (a), the Director of the United States Information Agency and the Board of Broadcasting Governors shall seek to ensure that the amounts made available for broadcasting to nations whose people do not fully enjoy freedom of expression do not decline in proportion to the amounts made available for broadcasting to other nations. SEC. 202. REPORTING REQUIREMENT. Not later than 90 days after the date of enactment of this Act, in consultation with the Board of Broadcasting Governors, the President shall prepare and transmit to Congress a report on a plan to achieve continuous broadcasting of Radio Free Asia and Voice of America to the People's Republic of China in multiple major dialects and languages. SEC. 203. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR MIGRATION AND REFUGEE ASSISTANCE. Notwithstanding any other provision of law, such amounts as are authorized to be appropriated for ``Migration and Refugee Assistance'' for fiscal year 1998 shall be reduced by $21,900,000 and for fiscal year 1999 shall be reduced by $6,200,000. TITLE III--MISCELLANEOUS PROVISIONS SEC. 301. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL PERSONNEL AT DIPLOMATIC POSTS TO MONITOR HUMAN RIGHTS IN THE PEOPLE'S REPUBLIC OF CHINA. There are authorized to be appropriated to support personnel to monitor political repression in the People's Republic of China in the United States Embassy in Beijing, as well as the American consulates in Guangzhou, Shanghai, Shenyang, Chengdu, and Hong Kong, $2,200,000 for fiscal year 1998 and $2,200,000 for fiscal year 1999. SEC. 302. CONGRESSIONAL STATEMENT OF POLICY. It is the sense of the Congress that the President should make freedom of religion one of the major objectives of United States foreign policy with respect to China. As part of this policy, the Department of State should raise in every relevant bilateral and multilateral forum the issue of individuals imprisoned, detained, confined, or otherwise harassed by the Chinese Government on religious grounds. In its communications with the Chinese Government, the Department of State should provide specific names of individuals of concern and request a complete and timely response from the Chinese Government regarding the individuals' whereabouts and condition, the charges against them, and sentence imposed. The goal of these official communications should be the expeditious release of all religious prisoners in China and the end of the Chinese Government's policy and practice of harassing and repressing religious believers.", "summary": "TABLE OF CONTENTS: Title I: Prohibition on Use of Funds for the Participation of Certain Chinese Officials in Conferences, Exchanges, Programs, and Activities Title II: Authorization of Appropriations for Increased Funding for Radio Free Asia and Voice of America Title III: Miscellaneous Provisions Title I: Prohibition on Use of Funds for the Participation of Certain Chinese Officials in Conferences, Exchanges, Programs, and Activities - Prohibits certain U.S. agencies from funding the travel and per diem expenses of certain nationals of the People's Republic of China for participation in conferences, exchanges, programs, and activities. Title II: Authorization of Appropriations for Increased Funding for Radio Free Asia and Voice of America - Authorizes appropriations for International Broadcasting Activities for FY 1998 and 1999 in addition to sums previously authorized. Details allocation of such additional appropriations for Radio Free Asia. Instructs the Director of the United States Information Agency and the Board of Broadcasting Governors to seek to ensure that funds made available for broadcasting to nations whose people do not fully enjoy freedom of expression do not decline in proportion to amounts made available for broadcasting to other nations. (Sec. 202) Directs the President to report to the Congress on a plan to achieve continuous broadcasting of Radio Free Asia and Voice of America in multiple major dialects and languages to the People's Republic of China. (Sec. 203) Reduces authorization of appropriations for FY 1998 and 1999 for Migration and Refugee Assistance. Title III: Miscellaneous Provisions - Authorizes appropriations for FY 1998 and 1999 to support personnel in the United States Embassy in Beijing as well as in selected American consulates to monitor political repression in the People's Republic of China. Expresses the sense of the Congress that: (1) the President should make freedom of religion one of the major objectives of U.S. foreign policy with respect to China; (2) the Department of State should raise the issue of individuals imprisoned or otherwise harassed by the Chinese Government on religious grounds and request a complete and timely response from the Chinese Government regarding the individuals' whereabouts and condition, the charges against them, and the sentence imposed; and (3) the goal of official communications should be the expeditious release of all religious prisoners in China and the end of religious harassment and repression."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Drug Formulary Protection Act''. SEC. 2. REMOVAL OF COVERED PART D DRUGS FROM THE PRESCRIPTION DRUG PLAN FORMULARY. (a) Limitation on Removal or Change of Covered Part D Drugs From the Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read as follows: ``(E) Removing a drug from formulary or imposing a restriction or limitation on coverage.-- ``(i) Limitation on removal, limitation, or restriction.-- ``(I) In general.--Subject to subclause (II) and clause (ii), beginning with 2006, the PDP sponsor of a prescription drug plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) other than at the beginning of each plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(II) Special rule for newly enrolled individuals.--Subject to clause (ii), in the case of an individual who enrolls in a prescription drug plan on or after the date of enactment of this subparagraph, the PDP sponsor of such plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) during the period beginning on the date of such enrollment and ending on December 31 of the immediately succeeding plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(ii) Exceptions to limitation on removal.--Clause (i) shall not apply with respect to a covered part D drug that-- ``(I) is a brand name drug for which there is a generic drug approved under section 505(j) of the Food and Drug Cosmetic Act (21 U.S.C. 355(j)) that is placed on the market during the period in which there are limitations on removal or change in the formulary under subclause (I) or (II) of clause (i); ``(II) is a brand name drug that goes off-patent during such period; ``(III) is a drug for which the Commissioner of Food and Drugs issues a clinical warning that imposes a restriction or limitation on the drug during such period; or ``(IV) has been determined to be ineffective during such period. ``(iii) Notice of removal under application of exception to limitation.--The PDP sponsor of a prescription drug plan shall provide appropriate notice (such as under subsection (a)(3)) of any removal or change under clause (ii) to the Secretary, affected enrollees, physicians, pharmacies, and pharmacists.''. (b) Notice for Change in Formulary and Other Restrictions or Limitations on Coverage.-- (1) In general.--Section 1860D-4(a) of such Act (42 U.S.C. 1395w-104(a)) is amended by adding at the end the following new paragraph: ``(5) Annual notice of changes in formulary and other restrictions or limitations on coverage.--Each PDP sponsor offering a prescription drug plan shall furnish to each enrollee at the time of each annual coordinated election period (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year a notice of any changes in the formulary or other restrictions or limitations on coverage of a covered part D drug under the plan that will take effect for the plan year.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to annual coordinated election periods beginning after the date of the enactment of this Act.", "summary": "Medicare Drug Formulary Protection Act - Amends title XVIII (Medicare) of the Social Security Act to prohibit removal of covered part D (Voluntary Prescription Drug Benefit Program) drugs from a prescription drug plan formulary, or imposition of a restriction or limitation on the coverage of such a drug, during the plan year: (1) except at the beginning; or (2) for an individual enrollee, from the date of enrollment until December 31 of the immediately succeeding plan year. Specifies exceptions to such prohibition. Requires an annual notice to enrollees of changes in formulary and other restrictions or limitations on coverage."}
{"article": "TITLE III--RURAL HEALTH CARE IMPROVEMENTS SEC. 301. REFERENCE TO FULL MARKET BASKET INCREASE FOR SOLE COMMUNITY HOSPITALS. For provision eliminating any reduction from full market basket in the update for inpatient hospital services for sole community hospitals, see section 401. SEC. 302. ENHANCED DISPROPORTIONATE SHARE HOSPITAL (DSH) TREATMENT FOR RURAL HOSPITALS AND URBAN HOSPITALS WITH FEWER THAN 100 BEDS. (a) Blending of Payment Amounts.-- (1) In general.--Section 1886(d)(5)(F) (42 U.S.C. 1395ww(d)(5)(F)) is amended by adding at the end the following new clause: ``(xiv)(I) In the case of discharges in a fiscal year beginning on or after October 1, 2002, subject to subclause (II), there shall be substituted for the disproportionate share adjustment percentage otherwise determined under clause (iv) (other than subclause (I)) or under clause (viii), (x), (xi), (xii), or (xiii), the old blend proportion (specified under subclause (III)) of the disproportionate share adjustment percentage otherwise determined under the respective clause and 100 percent minus such old blend proportion of the disproportionate share adjustment percentage determined under clause (vii) (relating to large, urban hospitals). ``(II) Under subclause (I), the disproportionate share adjustment percentage shall not exceed 10 percent for a hospital that is not classified as a rural referral center under subparagraph (C). ``(III) For purposes of subclause (I), the old blend proportion for fiscal year 2003 is 80 percent, for each subsequent year (through 2006) is the old blend proportion under this subclause for the previous year minus 20 percentage points, and for each year beginning with 2007 is 0 percent.''. (2) Conforming amendments.--Section 1886(d)(5)(F) (42 U.S.C. 1395ww(d)(5)(F)) is amended-- (A) in each of subclauses (II), (III), (IV), (V), and (VI) of clause (iv), by inserting ``subject to clause (xiv) and'' before ``for discharges occurring''; (B) in clause (viii), by striking ``The formula'' and inserting ``Subject to clause (xiv), the formula''; and (C) in each of clauses (x), (xi), (xii), and (xiii), by striking ``For purposes'' and inserting ``Subject to clause (xiv), for purposes''. (b) Effective Date.--The amendments made by this section shall apply with respect to discharges occurring on or after October 1, 2002. SEC. 303. 2-YEAR PHASED-IN INCREASE IN THE STANDARDIZED AMOUNT IN RURAL AND SMALL URBAN AREAS TO ACHIEVE A SINGLE, UNIFORM STANDARDIZED AMOUNT. Section 1886(d)(3)(A)(iv) (42 U.S.C. 1395ww(d)(3)(A)(iv)) is amended-- (1) by striking ``(iv) For discharges'' and inserting ``(iv)(I) Subject to the succeeding provisions of this clause, for discharges''; and (2) by adding at the end the following new subclauses: ``(II) For discharges occurring during fiscal year 2003, the average standardized amount for hospitals located other than in a large urban area shall be increased by \\1/2\\ of the difference between the average standardized amount determined under subclause (I) for hospitals located in large urban areas for such fiscal year and such amount determined (without regard to this subclause) for other hospitals for such fiscal year. ``(III) For discharges occurring in a fiscal year beginning with fiscal year 2004, the Secretary shall compute an average standardized amount for hospitals located in any area within the United States and within each region equal to the average standardized amount computed for the previous fiscal year under this subparagraph for hospitals located in a large urban area (or, beginning with fiscal year 2005, for hospitals located in any area) increased by the applicable percentage increase under subsection (b)(3)(B)(i).''. SEC. 304. MORE FREQUENT UPDATE IN WEIGHTS USED IN HOSPITAL MARKET BASKET. (a) More Frequent Updates in Weights.--After revising the weights used in the hospital market basket under section 1886(b)(3)(B)(iii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(iii)) to reflect the most current data available, the Secretary shall establish a frequency for revising such weights in such market basket to reflect the most current data available more frequently than once every 5 years. (b) Report.--Not later than October 1, 2003, the Secretary shall submit a report to Congress on the frequency established under subsection (a), including an explanation of the reasons for, and options considered, in determining such frequency. SEC. 305. IMPROVEMENTS TO CRITICAL ACCESS HOSPITAL PROGRAM. (a) Reinstatement of Periodic Interim Payment (PIP).--Section 1815(e)(2) (42 U.S.C. 1395g(e)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by adding ``and'' at the end of subparagraph (D); and (3) by inserting after subparagraph (D) the following new subparagraph: ``(E) inpatient critical access hospital services;''. (b) Condition for Application of Special Physician Payment Adjustment.--Section 1834(g)(2) (42 U.S.C. 1395m(g)(2)) is amended by adding after and below subparagraph (B) the following: ``The Secretary may not require, as a condition for applying subparagraph (B) with respect to a critical access hospital, that each physician providing professional services in the hospital must assign billing rights with respect to such services, except that such subparagraph shall not apply to those physicians who have not assigned such billing rights.''. (c) Flexibility in Bed Limitation for Hospitals With Strong Seasonal Census Fluctuations.--Section 1820 (42 U.S.C. 1395i-4) is amended-- (1) in subsection (c)(2)(B)(iii), by inserting ``subject to paragraph (3)'' after ``(iii) provides''; (2) by adding at the end of subsection (c) the following new paragraph: ``(3) Increase in maximum number of beds for hospitals with strong seasonal census fluctuations.-- ``(A) In general.--In the case of a hospital that demonstrates that it meets the standards established under subparagraph (B), the bed limitations otherwise applicable under paragraph (2)(B)(iii) and subsection (f) shall be increased by 5 beds. ``(B) Standards.--The Secretary shall specify standards for determining whether a critical access hospital has sufficiently strong seasonal variations in patient admissions to justify the increase in bed limitation provided under subparagraph (A).''; and (3) in subsection (f), by adding at the end the following new sentence: ``The limitations in numbers of beds under the first sentence are subject to adjustment under subsection (c)(3).''. (d) 5-Year Extension of the Authorization for Appropriations for Grant Program.--Section 1820(j) (42 U.S.C. 1395i-4(j)) is amended by striking ``through 2002'' and inserting ``through 2007''. (e) Effective Dates.-- (1) Reinstatement of pip.--The amendments made by subsection (a) shall apply to payments made on or after January 1, 2003. (2) Physician payment adjustment condition.--The amendment made by subsection (b) shall be effective as if included in the enactment of section 403(d) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A- 371). (3) Flexibility in bed limitation.--The amendments made by subsection (c) shall apply to designations made on or after January 1, 2003, but shall not apply to critical access hospitals that were designated as of such date. SEC. 306. EXTENSION OF TEMPORARY INCREASE FOR HOME HEALTH SERVICES FURNISHED IN A RURAL AREA. (a) In General.--Section 508(a) BIPA (114 Stat. 2763A-533) is amended-- (1) by striking ``24-Month Increase Beginning April 1, 2001'' and inserting ``In General''; and (2) by striking ``April 1, 2003'' and inserting ``January 1, 2005''. (b) Conforming Amendment.--Section 547(c)(2) of BIPA (114 Stat. 2763A-553) is amended by striking ``the period beginning on April 1, 2001, and ending on September 30, 2002,'' and inserting ``a period under such section''. SEC. 307. REFERENCE TO 10 PERCENT INCREASE IN PAYMENT FOR HOSPICE CARE FURNISHED IN A FRONTIER AREA AND RURAL HOSPICE DEMONSTRATION PROJECT. For-- (1) provision of 10 percent increase in payment for hospice care furnished in a frontier area, see section 422; and (2) provision of a rural hospice demonstration project, see section 423. SEC. 308. REFERENCE TO PRIORITY FOR HOSPITALS LOCATED IN RURAL OR SMALL URBAN AREAS IN REDISTRIBUTION OF UNUSED GRADUATE MEDICAL EDUCATION RESIDENCIES. For provision providing priority for hospitals located in rural or small urban areas in redistribution of unused graduate medical education residencies, see section 612. SEC. 309. GAO STUDY OF GEOGRAPHIC DIFFERENCES IN PAYMENTS FOR PHYSICIANS' SERVICES. (a) Study.--The Comptroller General of the United States shall conduct a study of differences in payment amounts under the physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for physicians' services in different geographic areas. Such study shall include-- (1) an assessment of the validity of the geographic adjustment factors used for each component of the fee schedule; (2) an evaluation of the measures used for such adjustment, including the frequency of revisions; and (3) an evaluation of the methods used to determine professional liability insurance costs used in computing the malpractice component, including a review of increases in professional liability insurance premiums and variation in such increases by State and physician specialty and methods used to update the geographic cost of practice index and relative weights for the malpractice component. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a). The report shall include recommendations regarding the use of more current data in computing geographic cost of practice indices as well as the use of data directly representative of physicians' costs (rather than proxy measures of such costs). SEC. 310. PROVIDING SAFE HARBOR FOR CERTAIN COLLABORATIVE EFFORTS THAT BENEFIT MEDICALLY UNDERSERVED POPULATIONS. (a) In General.--Section 1128B(b)(3) (42 U.S.C. 1320a-7(b)(3)) is amended-- (1) in subparagraph (E), by striking ``and'' after the semicolon at the end; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) any remuneration between a public or nonprofit private health center entity described under clause (i) or (ii) of section 1905(l)(2)(B) and any individual or entity providing goods, items, services, donations or loans, or a combination thereof, to such health center entity pursuant to a contract, lease, grant, loan, or other agreement, if such agreement contributes to the ability of the health center entity to maintain or increase the availability, or enhance the quality, of services provided to a medically underserved population served by the health center entity.''. (b) Rulemaking for Exception for Health Center Entity Arrangements.-- (1) Establishment.-- (A) In general.--The Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall establish, on an expedited basis, standards relating to the exception described in section 1128B(b)(3)(G) of the Social Security Act, as added by subsection (a), for health center entity arrangements to the antikickback penalties. (B) Factors to consider.--The Secretary shall consider the following factors, among others, in establishing standards relating to the exception for health center entity arrangements under subparagraph (A): (i) Whether the arrangement between the health center entity and the other party results in savings of Federal grant funds or increased revenues to the health center entity. (ii) Whether the arrangement between the health center entity and the other party expands or enhances a patient's freedom of choice. (iii) Whether the arrangement between the health center entity and the other party protects a health care professional's independent medical judgment regarding medically appropriate treatment. The Secretary may also include other standards and criteria that are consistent with the intent of Congress in enacting the exception established under this section. (2) Interim final effect.--No later than 180 days after the date of enactment of this Act, the Secretary shall publish a rule in the Federal Register consistent with the factors under paragraph (1)(B). Such rule shall be effective and final immediately on an interim basis, subject to such change and revision, after public notice and opportunity (for a period of not more than 60 days) for public comment, as is consistent with this subsection.", "summary": "Title III: Rural Health Care Improvements (sic) - Amends title XVIII (Medicare) of the Social Security Act to provide that, starting for discharges on or after October 1, 2002, hospitals (other than urban hospitals with 100 or more beds or certain public hospitals) will receive payments based on a blend of their current disproportionate share (DSH) adjustment and the current DSH adjustment for large urban hospitals. Limits such new DSH adjustment to ten percent for any hospital that is not classified as a rural referral center.(Sec. 303) Provides that for discharges occurring: (1) during FY 2003, the average standardized amount for hospitals located other than in a large urban area shall be increased by half the difference between the average standardized amount for hospitals located in large urban areas for such fiscal year, and such amount determined for other hospitals for such fiscal year; and (2) during FY 2004 and afterwards, the Secretary shall compute one standardized amount for all hospitals increased by the applicable percentage increase, and use this amount to pay all hospitals.(Sec. 304) Directs the Secretary of Health and Human Services, after revising the market basket cost weights to reflect the most current data available, to establish a frequency for revising such weights to reflect the most current data available more frequently than once every five years.(Sec. 305) Revises the critical access hospital (CAH) program to: (1) reinstate payments made on a periodic interim payment basis for inpatient services starting with payments made on or after January 1, 2003; (2) prohibit the Secretary from requiring as a condition for applying the special physician payment adjustment with respect to a CAH, that each physician providing professional services in the hospital must assign billing rights with respect to such services; (3) direct the Secretary to specify standards for determining whether a CAH has sufficiently strong seasonal variations in patient admissions to justify a five bed increase in the number of inpatient acute beds it can maintain and still retain its classification as a CAH; and (4) extend the authorization of appropriations for the Medicare rural hospital flexibility program through FY 2007.Prohibits the Secretary from recouping (or otherwise seeking to recover) overpayments made for outpatient critical access hospital services under Medicare part B for services furnished in cost reporting periods that began before October 1, 2002, insofar as such overpayments are attributable to payment being based on 80 percent of reasonable costs (instead of 100 percent of reasonable costs minus 20 percent of charges).(Sec. 306) Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA) to extend through December 31, 2004, the ten percent additional payment for home health care furnished to beneficiaries residing in rural areas.(Sec. 309) Directs the Comptroller General to study and report to Congress on differences in payment amounts under the physician fee schedule for physicians' services in different geographic areas.(Sec. 310) Amends SSA title XI to provide that any remuneration in the form of a contract, lease, grant, loan, or other agreement between a public or non-profit private health center and any individual or entity providing goods or services to the health center is not a violation of the anti-kickback statute if such agreement contributes to the ability of the health center to maintain or increase the availability or quality of services provided to a medically underserved population served by the health center."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Merger Reform and Customer Protection Act''. SEC. 2. SURFACE TRANSPORTATION BOARD REVIEW. Section 11324(c) of title 49, United States Code, is amended by striking ``public interest. The Board'' and inserting ``public interest, except that no transaction shall be approved and authorized under this section unless the Board finds that the transaction-- ``(1) will increase competition among rail carriers; ``(2) will not reduce transportation alternatives available to current railroad customers; ``(3) will provide additional transportation alternative options for railroad customers; ``(4) will improve service to customers; and ``(5) is in conformity with the antitrust laws. The Board shall consult with the Attorney General, and may not make a finding under paragraph (5) unless the Attorney General agrees with the finding. The Board''. SEC. 3. SURFACE TRANSPORTATION BOARD JURISDICTION. (a) Amendments.--Section 10501(b) of title 49, United States Code, is amended-- (1) by inserting ``, except that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws. Application of the antitrust laws pursuant to the previous sentence shall not limit or affect the availability of remedies under this part'' after ``is exclusive''; and (2) by inserting ``other than the antitrust laws'' after ``Federal or State law''. (b) Effect of Prior Orders.--Section 10501 of title 49, United States Code, is further amended by adding at the end the following new subsection: ``(d) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges-- ``(1) which have been issued, made, granted, or allowed to become effective by any agency or official thereof pursuant to chapter 113, or any predecessor statutory provisions, or by a court of competent jurisdiction; and ``(2) which are in effect as of the date of the enactment of the Rail Merger Reform and Customer Protection Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the agency, official, or court.''. (c) Definition.--Section 10102 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (1) through (10) as paragraphs (2) through (11), respectively; and (2) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) `antitrust laws' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition;''. SEC. 4. RATE AGREEMENTS. (a) Amendments.--Section 10706 of title 49, United States Code, is amended-- (1) in the section heading, by striking ``: exemption from antitrust laws''; (2) in subsection (a)(2)(A), by striking ``, and the Sherman Act'' and all that follows through ``carrying out the agreement''; (3) in subsection (a)(3)(B)(ii), by striking ``a Federal law cited in subsection (a)(2)(A) of this section'' and inserting ``the antitrust laws''; (4) by striking the second sentence of subsection (a)(4); (5) in subsection (a)(5)(A), by striking ``, and the antitrust laws'' and all that follows through ``carrying out the agreement''; (6) by striking the second sentence of subsection (d); and (7) by striking subsection (e). (b) Conforming Amendment.--The table of sections for chapter 107 of title 49, United States Code, is amended by striking ``: exemption from antitrust laws'' in the item relating to section 10706. SEC. 5. SCOPE OF AUTHORITY. Section 11321(a) of title 49, United States Code, is amended-- (1) by inserting ``, except that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws'' after ``is exclusive''; (2) by striking ``the antitrust laws and from''; and (3) by inserting ``except for the antitrust laws,'' after ``and municipal law,''. SEC. 6. ELECTION OF REMEDIES. Section 11701 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(d) A person proceeding against a rail carrier pursuant to subsection (b) may not proceed against the same rail carrier pursuant to other Federal or State law, and a person proceeding against a rail carrier under other Federal or State law may not proceed against a rail carrier pursuant to subsection (b), with respect to the same claim.''. SEC. 7. CLAYTON ACT AMENDMENTS. The Clayton Act is amended-- (1) in section 7 (15 U.S.C. 18)-- (A) by striking ``Nor shall anything herein'' and all that follows through ``therein is so acquired.''; and (B) by striking ``Surface Transportation Board,''; (2) in section 11 (15 U.S.C. 21), by striking ``in the Surface Transportation Board where applicable to common carriers subject to jurisdiction under subtitle IV of title 49, United States Code;''; and (3) in section 16 (15 U.S.C. 26), by striking ``: Provided, That nothing'' and all that follows through ``title 49, United States Code''.", "summary": "Declares that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws. Repeals the exemption of rate agreements from the Sherman Act, the Clayton Act, the Federal Trade Commission Act and specified parts of the Wilson Tariff Act (thus subjecting such agreements to Federal antitrust laws). Repeals the mandate that the Federal Trade Commission report to the Board periodically on possible anticompetitive features of approved rate agreements, or agreements submitted for approval, and any organization operating under such agreements. Prohibits a person proceeding against a rail carrier in a complaint before the Board from proceeding against the same rail carrier pursuant to other Federal or State law, and vice versa. Amends the Clayton Act to conform with this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Super Computing Leadership Act''. SEC. 2. DEFINITIONS. Section 2 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5541) is amended by striking paragraphs (1) through (5) and inserting the following: ``(1) Co-design.--The term `co-design' means the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. ``(2) Department.--The term `Department' means the Department of Energy. ``(3) Exascale.--The term `exascale' means computing system performance at or near 10 to the 18th power floating point operations per second. ``(4) High-end computing system.--The term `high-end computing system' means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications. ``(5) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). ``(6) Leadership system.--The term `leadership system' means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems. ``(7) National laboratory.--The term `National Laboratory' means any one of the seventeen laboratories owned by the Department. ``(8) Secretary.--The term `Secretary' means the Secretary of Energy. ``(9) Software technology.--The term `software technology' includes optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems.''. SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND DEVELOPMENT PROGRAM. Section 3 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5542) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``program'' and inserting ``coordinated program across the Department''; (B) by striking ``and'' at the end of paragraph (1); (C) by striking the period at the end of paragraph (2) and inserting ``; and''; and (D) by adding at the end the following new paragraph: ``(3) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in this program to other challenges in science, engineering, medicine, and industry.''; (2) in subsection (b)(2), by striking ``vector'' and all that follows through ``architectures'' and inserting ``computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability''; and (3) by striking subsection (d) and inserting the following: ``(d) Exascale Computing Program.-- ``(1) In general.--The Secretary shall conduct a coordinated research program to develop exascale computing systems to advance the missions of the Department. ``(2) Execution.--The Secretary shall, through competitive merit review, establish two or more National Laboratory- industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures, and-- ``(A) conduct mission-related co-design activities in developing such exascale platforms; ``(B) develop those advancements in hardware and software technology required to fully realize the potential of an exascale production system in addressing Department target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management; and ``(C) explore the use of exascale computing technologies to advance a broad range of science and engineering. ``(3) Administration.--In carrying out this program, the Secretary shall-- ``(A) provide, on a competitive, merit-reviewed basis, access for researchers in United States industry, institutions of higher education, National Laboratories, and other Federal agencies to these exascale systems, as appropriate; and ``(B) conduct outreach programs to increase the readiness for the use of such platforms by domestic industries, including manufacturers. ``(4) Reports.-- ``(A) Integrated strategy and program management plan.--The Secretary shall submit to Congress, not later than 90 days after the date of enactment of the American Super Computing Leadership Act, a report outlining an integrated strategy and program management plan, including target dates for prototypical and production exascale platforms, interim milestones to reaching these targets, functional requirements, roles and responsibilities of National Laboratories and industry, acquisition strategy, and estimated resources required, to achieve this exascale system capability. The report shall include the Secretary's plan for Departmental organization to manage and execute the Exascale Computing Program, including definition of the roles and responsibilities within the Department to ensure an integrated program across the Department. The report shall also include a plan for ensuring balance and prioritizing across ASCR subprograms in a flat or slow-growth budget environment. ``(B) Status reports.--At the time of the budget submission of the Department for each fiscal year, the Secretary shall submit a report to Congress that describes the status of milestones and costs in achieving the objectives of the exascale computing program. ``(C) Exascale merit report.--At least 18 months prior to the initiation of construction or installation of any exascale-class computing facility, the Secretary shall transmit a plan to the Congress detailing-- ``(i) the proposed facility's cost projections and capabilities to significantly accelerate the development of new energy technologies; ``(ii) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility; and ``(iii) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances.''. Passed the House of Representatives September 8, 2014. Attest: KAREN L. HAAS, Clerk.", "summary": "American Super Computing Leadership Act - (Sec. 3) Amends the Department of Energy High-End Computing Revitalization Act of 2004 with respect to: (1) exascale computing (computing system performance at or near 10 to the 18th power floating point operations per second), and (2) a high-end computing system with performance substantially exceeding that of systems commonly available for advanced scientific and engineering applications. Directs the Secretary of Energy (DOE) to: (1) coordinate the development of high-end computing systems across DOE; (2) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in the program to other challenges in science, engineering, medicine, and industry; and (3) include among the multiple architectures researched, at DOE discretion, any computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability. Repeals authority for establishment of at least one High-End Software Development Center. Directs the Secretary to conduct a coordinated research program to develop exascale computing systems to advance DOE missions. Requires establishment through competitive merit review of two or more DOE National Laboratory-industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures. Requires the Secretary to conduct mission-related co-design activities in developing such exascale platforms. Defines "co-design" as the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. Directs the Secretary to develop any advancements in hardware and software technology required to realize fully the potential of an exascale production system in addressing DOE target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management. Requires DOE also to explore the use of exascale computing technologies to advance a broad range of science and engineering. Directs the Secretary to submit to Congress an integrated strategy and program management plan. Requires the Secretary, before initiating construction or installation of an exascale-class computing facility, to transmit to Congress a separate plan detailing: (1) the proposed facility's cost projections and capabilities to significantly accelerate the development of new energy technologies; (2) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility; and (3) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Truancy Prevention and Juvenile Crime Reduction Act of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Truancy is the first sign of trouble--the first indicator that a young person is giving up and losing his or her way. (2) Many students who become truant eventually drop out of school, and high school drop outs are two and a half times more likely to be on welfare than high school graduates; twice as likely to be unemployed, or if employed, earn lower salaries. (3) Truancy is the top-ranking characteristic of criminals--more common than such factors as coming from single- parent families and being abused as children. (4) High rates of truancy are linked to high daytime burglary rates and high vandalism. (5) As much as 44 percent of violent juvenile crime takes place during school hours. (6) As many as 75 percent of children ages 13-16 who are arrested and prosecuted for crimes are truants. (7) Some cities report as many as 70 percent of daily student absences are unexcused, and the total number of absences in a single city can reach 4,000 per day. (8) Society pays a significant social and economic cost due to truancy: only 34 percent of inmates have completed high school education; 17 percent of youth under age 18 entering adult prisons have not completed grade school (8th grade or less), 25 percent completed 10th grade, and 2 percent completed high school. (9) Truants and later high school drop outs cost the Nation $240 billion in lost earnings and foregone taxes over their lifetimes, and the cost of crime control is staggering. (10) In many instances, parents are unaware a child is truant. (11) Effective truancy prevention, early intervention, and accountability programs can improve school attendance and reduce daytime crime rates. (12) There is a lack of targeted funding for effective truancy prevention programs in current law. SEC. 3. GRANTS. (a) Definitions.--In this section: (1) Eligible partnership.--The term ``eligible partnership'' means a partnership between 1 or more qualified units of local government and 1 or more local educational agencies. (2) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (3) Qualified unit of local government.--The term ``qualified unit of local government'' means a unit of local government that has in effect, as of the date on which the eligible partnership submits an application for a grant under this section, a statute or regulation that meets the requirements of paragraphs (12), (13), (14), and (15) of section 223(a) of the Juvenile Justice and Delinquency and Prevention Act of 1974 (42 U.S.C. 5633(a)). (4) Unit of local government.--The term ``unit of local government'' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, or any Indian tribe. (b) Grant Authority.--The Attorney General, in consultation with the Secretary of Education, shall make grants in accordance with this section on a competitive basis to eligible partnerships to reduce truancy and the incidence of daytime juvenile crime. (c) Maximum Amount; Allocation; Renewal.-- (1) Maximum amount.--The total amount awarded to an eligible partnership under this section in any fiscal year shall not exceed $100,000. (2) Allocation.--Not less than 25 percent of each grant awarded to an eligible partnership under this section shall be allocated for use by the local educational agency or agencies participating in the partnership. (3) Renewal.--A grant awarded under this section for a fiscal year may be renewed for an additional period of not more than 2 fiscal years. (d) Use of Funds.-- (1) In general.--Grant amounts made available under this section may be used by an eligible partnership to comprehensively address truancy through the use of-- (A) parental involvement in prevention activities, including meaningful incentives for parental responsibility; (B) sanctions, including community service and drivers' license suspension for students who are habitually truant; (C) parental accountability, including fines, teacher-aid duty, community service; (D) in-school truancy prevention programs, including alternative education and in-school suspension; (E) involvement of the local law enforcement, social services, judicial, business, and religious communities, and nonprofit organizations; (F) technology, including automated telephone notice to parents and computerized attendance system; or (G) elimination of 40-day count and other unintended incentives to allow students to be truant after a certain time of school year. (2) Model programs.--In carrying out this section, the Attorney General may give priority to funding programs that attempt to replicate 1 or more of the following model programs: (A) The Truancy Intervention Project of the Fulton County, Georgia, Juvenile Court. (B) The TABS (Truancy Abatement and Burglary Suppression) program of Milwaukee, Wisconsin. (C) The Roswell Daytime Curfew Program of Roswell, New Mexico. (D) The Stop, Cite and Return Program of Rohnert Park, California. (E) The Stay in School Program of New Haven, Connecticut. (F) The Atlantic County Project Helping Hand of Atlantic County, New Jersey. (G) The THRIVE (Truancy Habits Reduced Increasing Valuable Education) initiative of Oklahoma City, Oklahoma. (H) The Norfolk, Virginia project using computer software and data collection. (I) The Community Service Early Intervention Program of Marion, Ohio. (J) The Truancy Reduction Program of Bakersfield, California. (K) The Grade Court program of Farmington, New Mexico. (L) Any other model program that the Attorney General determines to be appropriate. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $25,000,000 for each of fiscal years 1999, 2000, and 2001.", "summary": "Truancy Prevention and Juvenile Crime Reduction Act of 1998 - Directs the Attorney General to make grants to eligible partnerships of local governmental units and local educational agencies to reduce truancy and the incidence of daytime juvenile crime. Sets forth provisions regarding maximum grant awards, allocation of such awards, and grant renewal. Authorizes the use of grant amounts to comprehensively address truancy through: (1) parental involvement in prevention activities; (2) sanctions; (3) parental accountability; (4) in-school truancy prevention programs; (5) involvement of local law enforcement, social services, judicial, business, and religious communities, and nonprofit organizations; (6) technology; or (7) elimination of 40-day count and other unintended incentives to allow students to be truant after a certain time of school year. Authorizes the Attorney General to give priority to funding programs that attempt to replicate specified model programs. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Infrastructure Accelerator Act of 2017''. SEC. 2. PURPOSE. The purpose of this Act is to establish a regional infrastructure accelerator program that-- (1) facilitates and mobilizes investment in, and the long- term financing of, economically viable covered infrastructure projects of regional or national significance by providing funding for these projects, including through private sector financing, to accelerate the delivery of high-quality, critical infrastructure facilities through a self-sustaining regional infrastructure accelerator that mitigates risk with technical expertise and best practices; and (2) encourages regional infrastructure accelerators to provide assistance and communicate best practices and financing and funding opportunities to State, local, and regional public entities, to provide assistance with applications for Federal funding opportunities, to promote innovative financing best practices, and to reduce costs and risks to taxpayers. SEC. 3. REGIONAL INFRASTRUCTURE ACCELERATOR PROGRAM. Using amounts appropriated under section 10(1), the Secretary shall establish a regional infrastructure accelerator (RIA) program to provide initial and subsequent grants to RIAs in accordance with the requirements of this Act. SEC. 4. STRUCTURE OF REGIONAL INFRASTRUCTURE ACCELERATORS. (a) In General.--To be eligible to receive a grant under this Act, an RIA shall have a board of directors. (b) Board of Directors.-- (1) Composition.--The board of directors of an RIA shall include at least 1 representative of a State, local, or regional public entity in the area served by the RIA. (2) Appointment.--The members of the board of directors of an RIA shall be initially appointed by the person or entity that submitted an application on behalf of the RIA under section 5(a). Subsequent appointments to the board shall be made in accordance with such bylaws as may be adopted by the board. (3) Duties.--The duties of the board of directors of an RIA shall include-- (A) developing a final regional infrastructure accelerator plan for the RIA, based on the proposed plan submitted on behalf of the RIA under section 5(b); (B) selecting State, local, and regional public entities to receive subgrants from the RIA under section 6; and (C) submitting a report to the Secretary under subsection 5(d). (4) Requirements to approve plan.--In carrying out its duties under paragraph (3)(A), the board of directors of an RIA shall consider public stakeholder input from-- (A) a public project sponsor with experience in infrastructure financing; (B) an entity with the ability to finance covered infrastructure projects in the area served by the RIA, including private sector equity investors, public pension funds, endowments, and other financial investment funds; (C) a construction or real estate development entity with the capacity to develop covered infrastructure projects in the area served by the RIA; (D) a representative of an organized labor association or an association of workers representing labor and workplace standards; (E) a legal expert with experience in contract development and the execution of public-private partnerships; and (F) a representative of each Federal department or agency with jurisdiction over covered infrastructure projects being considered by the RIA. SEC. 5. INITIAL GRANTS. (a) Application.--An RIA desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Proposed Plan.--An application submitted by an RIA under subsection (a) shall include a proposed plan that describes how the RIA will promote investment in covered infrastructure projects-- (1) by providing guidance and feedback to State, local, and regional public entities on infrastructure priorities, financing strategies, and other matters relating to such projects; (2) by evaluating and promoting innovative methods for financing such projects; (3) by establishing connections between sources of financing for such projects and appropriate State, local, and regional public entities; (4) by establishing standards to measure the life-cycle costs of investments in such projects; (5) by enhancing the capacity of State and local governments to evaluate and structure such projects that involve the investment of private capital; and (6) by providing technical assistance and information on best practices with respect to such projects, including-- (A) identifying and selecting qualified advisors, such as infrastructure financial analysts and contract negotiators; (B) incorporating resiliency risk analyses into the planning and design of such projects; (C) preparing and reviewing requests for qualifications and proposals from private sector partners; and (D) applying standardized analyses and processes that provide quantitative data on infrastructure investments, including a value-for-money analysis. (c) Selection.--For fiscal year 2018 and each fiscal year thereafter, the Secretary shall select, from among applications received under subsection (a), 5 RIAs from geographically diverse regions to receive a grant under this section. (d) Use of Funds.--An RIA that receives a grant under this section shall use the amounts of the grant-- (1) to assess regional approaches for advancing innovative investment in covered infrastructure projects; (2) to develop strategies for-- (A) transparency in the analysis of covered infrastructure projects to ensure protection of the public interest; (B) the bundling of smaller-scale and rural projects into larger covered infrastructure projects to facilitate transactions and investments; and (C) reducing transaction costs associated with investments in covered infrastructure projects; (3) to facilitate the creation of a catalog of covered infrastructure projects available for investment; (4) to analyze and apply procurement methods for covered infrastructure projects, including-- (A) assessing strategies for management of risks associated with covered infrastructure projects; (B) measuring the speed of completion and quality of covered infrastructure projects; and (C) assessing the use of contracting strategies for covered infrastructure projects in which teams provide design, construction, financing, and maintenance solutions to achieve performance outcomes; and (5) to complete the report of the RIA described in subsection (e). (e) Report.--Not later than 1 year after the date on which an RIA receives a grant under this section, the RIA shall submit to the Secretary a report that includes, at a minimum-- (1) an update on the implementation of the plan of the RIA described in subsection (a), as finalized by the board of directors of the RIA; (2) a description of the infrastructure needs of the region to be served by the RIA; (3) a proposal of covered infrastructure projects to be accomplished by the RIA through a subsequent grant, as awarded under section 6; and (4) the procurement strategies the RIA intends to use for such covered infrastructure projects. (f) Selection for Subsequent Grant.--Not later than 60 days after the date of receipt of the final report submitted by an RIA under subsection (e), the Secretary shall-- (1) review the reports submitted under subsection (e); and (2) for fiscal year 2019 and each fiscal year thereafter, select not fewer than 4 RIAs for which funds are appropriated under section 10 to receive a subsequent grant under section 6. SEC. 6. SUBSEQUENT GRANTS. (a) In General.--Using amounts appropriated under section 10(2), the Secretary shall award a subsequent grant to an RIA selected under section 4(f). (b) Subgrants.--An RIA shall use the amounts of a subsequent grant received under this section-- (1) to make subgrants to one or more State, local, or regional public entities for the purposes described in subsection (d); and (2) for such other purposes as the RIA, after notifying the Secretary, determines appropriate. (c) Application.--A State, local, or regional public entity desiring a subgrant from an RIA under this section may submit to the RIA an application for a subgrant at such time, in such manner, and containing such information as the RIA may reasonably require. (d) Use of Funds.--The amounts of a subgrant received by a State, local, or regional public entity from an RIA under this section may be used for payment of the following costs associated with a covered infrastructure project: (1) Project planning, feasibility studies, economic assessments, cost-benefit analyses, and public benefit studies. (2) Value-for-money analyses. (3) Design and engineering. (4) Financial planning (including the identification of funding and financing options). (5) Permitting, environmental review, and regulatory processes. (6) Assessment of the impacts of potential projects on the area, including the effect on communities and environment. (7) The workforce and wages and benefits, as well as assessment of infrastructure vulnerability and resilience to the impacts of climate change and other risks. (8) Public outreach and community engagement. (e) Amount.--A subgrant made by an RIA under this section may not be in an amount that is greater than $300,000 or 75 percent of the projected cost of activities described in subsection (d) associated with the covered infrastructure project concerned, whichever is less. The recipient of the subgrant shall provide funding for the remaining balance of such costs. (f) Limitation.--Funds made available under this section may not be used to pay for work already completed on a covered infrastructure project. SEC. 7. ADMINISTRATIVE PROVISIONS. (a) Prevailing Rate of Wage.-- (1) In general.--The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors or subcontractors on construction work performed on projects assisted with a grant under this Act shall be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with sections 3141, 3146, and 3147 of title 40, United States Code. (2) Consultation.--In carrying out the duties of paragraph (1), the Secretary of Labor shall consult with the relevant agency of the State in which a project assisted with a grant under this Act is to be performed. After giving due regard to the information thus obtained, the Secretary of Labor shall make a predetermination of the minimum wages to be paid laborers and mechanics in accordance with the provisions of paragraph (1) which shall be set out in each project advertisement for bids and in each bid proposal form and shall be made a part of the contract covering the project. (3) Exceptions.--The provisions of this paragraph shall not be applicable to employment pursuant to apprenticeship and skill training programs which have been certified by the Secretary as promoting equal employment opportunity in connection with a construction program. (b) Environmental Compliance.--The Secretary shall take such action as may be necessary to ensure that projects assisted with a grant under this Act are conducted in accordance with the environmental review and permitting process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 8. REPORT TO CONGRESS. (a) In General.--Not later than 1 year after the date on which the Secretary first makes a grant under this Act, the Secretary shall submit to Congress a report on the effectiveness of the Program. (b) Contents.--The report shall include-- (1) an overview of the Program; and (2) the findings of the Secretary on the effectiveness of regional collaboration on infrastructure investment, infrastructure finance, and the use of procurement methods (as described in section 5(d)(4)). SEC. 9. DEFINITIONS. In this Act, the following definitions shall apply: (1) Covered infrastructure project.--The term ``covered infrastructure project'' means a project that is located in a State, that is sponsored by a State, local, or regional public entity, and that involves the construction, consolidation, alteration, or repair of any of the following: (A) Intercity passenger or freight rail lines. (B) Intercity passenger rail facilities or equipment. (C) Intercity freight rail facilities or equipment. (D) Intercity passenger bus facilities or equipment. (E) Public transportation facilities or equipment. (F) Highway facilities, including bridges and tunnels. (G) Airports. (H) Air traffic control systems. (I) Port or marine terminal facilities, including approaches to marine terminal facilities or inland port facilities. (J) Port or marine equipment, including fixed equipment to serve approaches to marine terminals or inland ports. (K) Ports of entry or border crossing infrastructure. (L) Transmission or distribution pipelines. (M) Inland waterways. (N) Intermodal facilities or equipment related to two or more of the sectors described in subparagraphs (A) through (M). (O) Water treatment and solid waste disposal facilities, including drinking water facilities. (P) Storm water management systems. (Q) Dams and levees. (R) Facilities or equipment for energy transmission, distribution, or storage. (2) Life-cycle costs.--The term ``life-cycle costs'' means, with respect to an infrastructure facility, the budgetary impacts of the design, development, construction, and operations and maintenance of the infrastructure facility. (3) Program.--The term ``Program'' means the regional infrastructure accelerator program established under section 3. (4) Regional infrastructure accelerator; ria.--The term ``regional infrastructure accelerator'' or ``RIA'' means a multi-jurisdictional organization organized and dedicated to providing technical assistance, financing options, and resources for covered infrastructure projects within the jurisdictions represented in such organization. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (6) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out the Program-- (1) for fiscal year 2018 and each fiscal year thereafter-- (A) $11,500,000 for making initial grants to RIAs under section 5; and (B) $500,000 for covering the administrative costs of the Program; and (2) for fiscal year 2019 and each fiscal year thereafter, $13,000,000 for making subsequent grants to RIAs under section 6.", "summary": "Regional Infrastructure Accelerator Act of 2017 This bill authorizes the Department of the Treasury to establish a regional infrastructure accelerator (RIA) program to provide initial and subsequent grants to RIAs to facilitate investment in, and long-term financing of, economically viable covered infrastructure projects. An "RIA" is defined as a multi-jurisdictional organization dedicated to providing technical assistance, financing options, and resources for covered infrastructure projects within the represented jurisdictions. A "covered infrastructure project" is defined as a project sponsored by a state, local, or regional public entity that involves the construction, consolidation, alteration, or repair of rail, bus, or public transportation facilities or equipment, highway facilities (including bridges and tunnels), airports, port or marine facilities and equipment, pipelines, inland waterways, intermodal facilities and equipment, water treatment and solid waste disposal facilities, storm water management systems, dams and levees, and facilities or equipment for energy transmission, distribution, or storage. From applications received, Treasury shall select five RIAs from geographically diverse regions to receive initial grants. An RIA shall use such a grant to: assess regional approaches for advancing innovative investment in covered infrastructure projects; develop strategies for transparency in the analysis of such projects to ensure protection of the public interest, for the bundling of smaller scale and rural projects into larger covered infrastructure projects to facilitate transactions and investments, and for reducing transaction costs associated with investments in such projects; facilitate the creation of a catalog of covered infrastructure projects available for investment; and analyze and apply project procurement methods for covered infrastructure projects. Treasury shall review final reports submitted by RIAs and select four of them to receive subsequent grants. A selected RIA shall use such subsequent grant to make subgrants to public entities for costs associated with a covered infrastructure project."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bioweapons Control and Tracking Act of 2001''. SEC. 2. REGULATION OF BIOLOGICAL AGENTS AND TOXINS. (a) Biological Agents Provisions of the Antiterrorism and Effective Death Penalty Act of 1996; Codification in the Public Health Service Act, With Amendments.-- (1) Public health service act.--Subpart 1 of part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by inserting after section 351 the following: ``SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS AND TOXINS. ``(a) Regulatory Control of Biological Agents and Toxins.-- ``(1) List of biological agents and toxins.-- ``(A) In general.--The Secretary shall by regulation establish and maintain a list of each biological agent and each toxin that has the potential to pose a severe threat to public health and safety. ``(B) Criteria.--In determining whether to include an agent or toxin on the list under subparagraph (A), the Secretary shall-- ``(i) consider-- ``(I) the effect on human health of exposure to the agent or toxin; ``(II) the degree of contagiousness of the agent or toxin and the methods by which the agent or toxin is transferred to humans; ``(III) the availability and effectiveness of immunizations to prevent and treatments for any illness resulting from infection by the agent or toxin; and ``(IV) any other criteria that the Secretary considers appropriate; and ``(ii) consult with appropriate Federal departments and agencies, and with scientific experts representing appropriate professional groups. ``(2) Biennial review.--The Secretary shall review the list under paragraph (1) biennially, or more often, and republish the list as necessary to incorporate revisions to protect the public health and safety. ``(b) Regulation of Possession, Use, and Transfer of Listed Biological Agents and Toxins.--The Secretary shall by regulation provide for-- ``(1) the establishment and enforcement of safety standards and procedures for the possession, use and transfer of biological agents and toxins listed pursuant to subsection (a)(1), including measures to ensure-- ``(A) proper training and appropriate skills to handle such agents and toxins; and ``(B) proper laboratory facilities to contain and dispose of such agents and toxins; ``(2) the establishment and enforcement of safeguards and security standards and procedures to prevent access to such agents and toxins for use in domestic or international terrorism or for any other criminal purpose; ``(3) the establishment of procedures to protect the public safety in the event of a violation of the safety procedures established under paragraph (1) or the safeguards established under paragraph (2); and ``(4) appropriate availability of biological agents and toxins for research, education, and other legitimate purposes. ``(c) Registration and Traceability Mechanisms; Database.-- Regulations under subsection (b) shall require registration of the possession, use, and transfer of biological agents and toxins listed pursuant to subsection (a)(1), and such registration shall include information available to the registered persons regarding the characterization of such biological agents and toxins to facilitate their identification and traceability. The Secretary shall maintain a national database of the location of such agents and toxins, with their characterizations. ``(d) Security and Safeguards.-- ``(1) In general.--In carrying out paragraphs (2) and (3) of subsection (b), the Secretary shall establish appropriate security requirements for persons possessing, using, or transferring biological agents and toxins listed pursuant to subsection (a)(1), and shall ensure compliance with such requirements as a condition of registration under regulations issued under subsection (c). In developing such requirements the Secretary shall consult with the Attorney General and appropriate security experts. ``(2) Restricted persons.--Regulations issued under subsection (b) shall include provisions-- ``(A) to restrict access to biological agents and toxins listed pursuant to subsection (a)(1) only to those individuals who need to handle or use such agents or toxins; and ``(B) to provide for prompt screening of such persons using criminal, immigration, and national security databases available to the Federal Government to identify persons who are restricted persons, as defined in section 175b of title 18, United States Code. ``(e) Inspections.--The Secretary shall have the authority to inspect persons subject to regulations under subsection (b) to ensure their compliance with such regulations. ``(f) Exemptions.--The Secretary may establish exemptions from the applicability of provisions of regulations under subsection (b) if the Secretary determines that the exemptions are consistent with protecting the public health and safety. Any exemption from registration under subsection (c) shall be based on transience of possession or on the lack of utility of the agent or toxin for use as a weapon, and shall be consistent with maintaining a complete database under such subsection (c). ``(g) Disclosure of Information.-- ``(1) In general.--Any information in the possession of any Federal agency that identifies a person, or the geographic location of a person, who is registered pursuant to regulations under this section (including regulations promulgated before the effective date of this subsection), and any site-specific information relating to the type, quantity, or identity of a biological agent or toxin listed pursuant to subsection (a)(1) or the site-specific security mechanisms in place to protect such agents and toxins, shall not be disclosed under section 552(a) of title 5, United States Code. ``(2) Disclosures for public health and safety; congress.-- Nothing in this section may be construed as preventing the head of any Federal agency-- ``(A) from making disclosures of information described in paragraph (1) for purposes of protecting the public health and safety; or ``(B) from making disclosures of such information to any committee or subcommittee of Congress with appropriate jurisdiction upon request. ``(h) Civil Penalty.--In addition to any other penalties that may apply under law, any person who violates any provision of regulations under subsection (b) shall be subject to the United States for a civil penalty in an amount not exceeding $250,000 in the case of an individual and $500,000 in the case of any other person. ``(i) Definitions.--For purposes of this section, the terms `biological agent' and `toxin' have the meanings given such terms in section 178 of title 18, United States Code.''. (2) Relation to other laws.-- (A) Rule of construction.--Regulations promulgated by the Secretary of Health and Human Services under section 511 of the Antiterrorism and Effective Death Penalty Act of 1998 are deemed to have been promulgated under section 351A of the Public Health Service Act, as added by paragraph (1) of this subsection. Such regulations, including the list under subsection (d)(1) of such section 511, that were in effect on the day before the date of the enactment of this Act remain in effect until modified by the Secretary. (B) Conforming amendment.--Subsections (d), (e), (f), and (g) of section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 262 note) are repealed. (3) Regulations regarding registration.-- (A) Date certain for promulgation; effective date regarding criminal and civil penalties.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate an interim final rule for carrying out section 351A(c) of the Public Health Service Act, as added by paragraph (1) of this subsection. Such interim final rule takes effect 60 days after the date on which such rule is promulgated for purposes of-- (i) section 175B (b) and (c) of title 18, United States Code (relating to criminal penalties, as added by subsection (b) of this section; and (ii) section 351(h) of the Public Health Service Act (relating to civil penalties). (B) Submission of registration applications.--A person who, as of the date of the interim final rule promulgated under subparagraph (A), is in possession of a biological agent or toxin listed pursuant to section 351A(a) of the Public Health Service Act, as added by paragraph (1) of this subsection, shall in accordance with such interim final rule, submit an application for a registration to possess such agent or toxin not later than 30 days after the date on which such rule is promulgated. (4) Effective date regarding disclosure of information.-- Subsection (g) of section 351A of the Public Health Service Act, as added by paragraph (1) of this subsection, is deemed to have taken effect on the effective date of the Antiterrorism and Effective Death Penalty Act of 1996. (b) Select Agents.-- (1) In general.--Section 175b of title 18, United States Code, as added by section 817 of Public Law 107-56, is amended-- (A) by striking ``(a)'' and inserting ``(a)(1)''; (B) by transferring subsection (c) from the current placement of the subsection and inserting the subsection before subsection (b). (C) by striking ``(c)'' and inserting ``(2)''; (D) by redesignating subsection (b) as subsection (d); and (E) by inserting before subsection (d) as so redesignated) the following subsections: ``(b) Unregistered for Possession or Transfer.--Whoever knowingly possesses or transfers a select agent for which such person has not obtained a registration required by a regulation issued under section 351A(c) of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both. ``(c) Transfer to Unregistered Person.--Whoever knowingly transfers a select agent to a person who has not obtained a registration required by a regulation issued under subsection (c) of section 351A of the Public Health Service Act shall be fined under this tile, or imprisoned for not more than 5 years, or both.''. (c) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services, after consultation with other appropriate Federal agencies, shall submit to Congress a report that-- (1) describes the extent to which there has been compliance by governmental and private entities with applicable regulations under section 351A of the Public Health Service Act (as added by subsection (a)(1)); (2) describes the actions taken by the date of the report and future plans of the Secretary for updating the list of biological agents and toxins under such section 351A; (3) describes the actions taken by the date of the report and future plans of the Secretary for determining compliance with regulations under such section 351A and for taking appropriate enforcement actions; and (4) provides any recommendations of the Secretary for administrative or legislative initiatives regarding such section 351A.", "summary": "Bioweapons Control and Tracking Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) establish and maintain a list of each biological agent and each toxin with potential to severely threaten public health and safety; (2) promulgate regulations establishing safety and security standards, procedures, restricted access, and registration requirements for listed agents and toxins, including traceability mechanisms; and (3) establish exemptions consistent with public safety. Imposes civil penalties for violations of these requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Abraham Lincoln Bicentennial 1-Cent Coin Redesign Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Abraham Lincoln, the 16th President, was one of the Nation's greatest leaders, demonstrating true courage during the Civil War, one of the greatest crises in the Nation's history. (2) Born of humble roots in Hardin County, Kentucky, on February 12, 1809, Abraham Lincoln rose to the Presidency through a combination of honesty, integrity, intelligence, and commitment to the United States. (3) With the belief that all men are created equal, Abraham Lincoln led the effort to free all slaves in the United States. (4) Abraham Lincoln had a generous heart, with malice toward none and with charity for all. (5) Abraham Lincoln gave the ultimate sacrifice for the country he loved, dying from an assassin's bullet on April 15, 1865. (6) All Americans could benefit from studying the life of Abraham Lincoln, for Lincoln's life is a model for accomplishing the ``American dream'' through honesty, integrity, loyalty, and a lifetime of education. (7) The year 2009 will be the bicentennial anniversary of the birth of Abraham Lincoln. (8) Abraham Lincoln was born in Kentucky, grew to adulthood in Indiana, achieved fame in Illinois, and led the nation in Washington, D.C. (9) The so-called ``Lincoln cent'' was introduced in 1909 on the 100th anniversary of Lincoln's birth, making the obverse design the most enduring on the nation's coinage. (10) President Theodore Roosevelt was so impressed by the talent of Victor David Brenner that the sculptor was chosen to design the likeness of President Lincoln for the coin, adapting a design from a plaque Brenner had prepared earlier. (11) In the nearly 100 years of production of the ``Lincoln cent'', there have been only 2 designs on the reverse: the original, featuring 2 wheat-heads in memorial style enclosing mottoes, and the current representation of the Lincoln Memorial in Washington, D.C. (12) On the occasion of the bicentennial of President Lincoln's birth and the 100th anniversary of the production of the Lincoln cent, it is entirely fitting to issue a series of 1-cent coins with designs on the reverse that are emblematic of the 4 major periods of President Lincoln's life. SEC. 3. REDESIGN OF LINCOLN CENT FOR 2009. (a) In General.--During the year 2009, the Secretary of the Treasury shall issue 1-cent coins in accordance with the following design specifications: (1) Obverse.--The obverse of the 1-cent coin shall continue to bear the Victor David Brenner likeness of President Abraham Lincoln. (2) Reverse.--The reverse of the coins shall bear 4 different designs each representing a different aspect of the life of Abraham Lincoln, such as-- (A) his birth and early childhood in Kentucky; (B) his formative years in Indiana; (C) his professional life in Illinois; and (D) his presidency, in Washington, D.C. (b) Issuance of Redesigned Lincoln Cents in 2009.-- (1) Order.--The 1-cent coins to which this section applies shall be issued with 1 of the 4 designs referred to in subsection (a)(2) beginning at the start of each calendar quarter of 2009. (2) Number.--The Secretary shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of 1-cent coins that shall be issued with each of the designs selected for each calendar quarter of 2009. (c) Design Selection.--The designs for the coins specified in this section shall be chosen by the Secretary-- (1) after consultation with the Abraham Lincoln Bicentennial Commission and the Commission of Fine Arts; and (2) after review by the Citizens Coinage Advisory Committee. SEC. 4. REDESIGN OF REVERSE OF 1-CENT COINS AFTER 2009. The design on the reverse of the 1-cent coins issued after December 31, 2009, shall bear an image emblematic of President Lincoln's preservation of the United States of America as a single and united country. SEC. 5. NUMISMATIC PENNIES WITH THE SAME METALLIC CONTENT AS THE 1909 PENNY. The Secretary of the Treasury shall issue 1-cent coins in 2009 with the exact metallic content as the 1-cent coin contained in 1909 in such number as the Secretary determines to be appropriate for numismatic purposes. SEC. 6. SENSE OF THE CONGRESS. It is the sense of the Congress that the original Victor David Brenner design for the 1-cent coin was a dramatic departure from previous American coinage that should be reproduced, using the original form and relief of the likeness of Abraham Lincoln, on the 1-cent coins issued in 2009.", "summary": "Abraham Lincoln Bicentennial 1-Cent Coin Redesign Act - Directs the Secretary of the Treasury, during 2009, to issue one-cent coins with the reverse side bearing four different designs representing different aspects of the life of Abraham Lincoln. Requires the design of the reverse side, after 2009, to bear an image emblematic of President Lincoln's preservation of the United States of America as a single and united country."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficient Buildings Act of 2007''. SEC. 2. ENERGY EFFICIENT BUILDING GRANT PROGRAM. (a) Energy Efficient Building Pilot Grant Program.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary of Energy (in this Act referred to as the ``Secretary'') shall establish a pilot program to award grants to businesses and organizations for new construction of energy efficient buildings, or major renovations of buildings that will result in energy efficient buildings, to demonstrate innovative energy efficiency technologies, especially those sponsored by the Department of Energy. (2) Awards.--The Secretary shall award grants under this subsection competitively to those applicants whose proposals-- (A) best demonstrate-- (i) likelihood to meet or exceed the standards referred to in subsection (b)(2); (ii) likelihood to maximize cost-effective energy efficiency opportunities; and (iii) advanced energy efficiency technologies; and (B) maximize the leverage of private investment for costs related to increasing the energy efficiency of the building. (3) Consideration.--The Secretary shall give due consideration to proposals for buildings that are likely to serve low and moderate income populations. (4) Amount of grants.--Grants under this subsection shall be for up to 50 percent of design and energy modeling costs, not to exceed $50,000 per building. No single grantee may be eligible for more than 3 grants per year under this program. (5) Grant payments.-- (A) Initial payment.--The Secretary shall pay 50 percent of the total amount of the grant to grant recipients upon selection. (B) Remainder of payment.--The Secretary shall pay the remaining 50 percent of the grant only after independent certification, by a professional engineer or other qualified professional, that operational buildings are energy efficient buildings as defined in subsection (b). (C) Failure to comply.--The Secretary shall not provide the remainder of the payment unless the building is certified within 6 months after operation of the completed building to meet the requirements described in subparagraph (B), or in the case of major renovations the building is certified within 6 months of the completion of the renovations. (6) Report to congress.--Not later than 3 years after awarding the first grant under this subsection, the Secretary shall transmit to Congress a report containing-- (A) the total number and dollar amount of grants awarded under this subsection; and (B) an estimate of aggregate cost and energy savings enabled by the pilot program under this subsection. (7) Administrative expenses.--Administrative expenses for the program under this subsection shall not exceed 10 percent of appropriated funds. (b) Definition of Energy Efficient Building.--For purposes of this section the term ``energy efficient building'' means a building that-- (1) achieves a reduction in energy consumption of-- (A) at least 30 percent for new construction, compared to the energy standards set by the 2004 International Energy Conservation Code (in the case of residential buildings) or ASHRAE Standard 90.1-2004; or (B) at least 20 percent for major renovations, compared to energy consumption before renovations are begun; (2) is constructed or renovated in accordance with the most current, appropriate, and applicable voluntary consensus standards, as determined by the Secretary, such as those listed in the assessment under section 914(b), or revised or developed under section 914(c), of the Energy Policy Act of 2005; and (3) after construction or renovation-- (A) uses heating, ventilating, and air conditioning systems that perform at no less than Energy Star standards; or (B) if Energy Star standards are not applicable, uses Federal Energy Management Program recommended heating, ventilating, and air conditioning products. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $10,000,000 for each of the fiscal years 2008 through 2012.", "summary": "Energy Efficient Buildings Act of 2007 - Directs the Secretary of Energy to: (1) establish a pilot program to award grants to businesses and organizations for new construction or major renovations of energy efficient buildings that will result in innovative energy efficiency technologies, especially those sponsored by the Department of Energy; and (2) give due consideration to proposals for buildings that are likely to serve low and moderate income populations. Defines \"energy efficient building\" as one that after construction or renovation: (1) uses heating, ventilating, and air conditioning systems that perform at no less than Energy Star standards; or (2) if Energy Star standards are not applicable, uses Federal Energy Management Program recommended heating, ventilating, and air conditioning products."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Coverage Tax Credit Extension Act of 2015''. SEC. 2. EXTENSION AND MODIFICATION OF HEALTH COVERAGE TAX CREDIT. (a) Extension.--Subparagraph (B) of section 35(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``before January 1, 2014'' and inserting ``before January 1, 2020''. (b) Coordination With Credit for Coverage Under a Qualified Health Plan.--Subsection (g) of section 35 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraph (11) as paragraph (13), and (2) by inserting after paragraph (10) the following new paragraphs: ``(11) Election.-- ``(A) In general.--A taxpayer may elect to have this section apply for any eligible coverage month. ``(B) Timing and applicability of election.--Except as the Secretary may provide-- ``(i) an election to have this section apply for any eligible coverage month in a taxable year shall be made not later than the due date (including extensions) for the return of tax for the taxable year, and ``(ii) any election for this section to apply for an eligible coverage month shall apply for all subsequent eligible coverage months in the taxable year and, once made, shall be irrevocable with respect to such months. ``(12) Coordination with premium tax credit.-- ``(A) In general.--An eligible coverage month to which the election under paragraph (11) applies shall not be treated as a coverage month (as defined in section 36B(c)(2)) for purposes of section 36B with respect to the taxpayer. ``(B) Coordination with advance payments of premium tax credit.--In the case of a taxpayer who makes the election under paragraph (11) with respect to any eligible coverage month in a taxable year or on behalf of whom any advance payment is made under section 7527 with respect to any month in such taxable year-- ``(i) the tax imposed by this chapter for the taxable year shall be increased by the excess, if any, of-- ``(I) the sum of any advance payments made on behalf of the taxpayer under section 1412 of the Patient Protection and Affordable Care Act and section 7527 for months during such taxable year, over ``(II) the sum of the credits allowed under this section (determined without regard to paragraph (1)) and section 36B (determined without regard to subsection (f)(1) thereof) for such taxable year, and ``(ii) section 36B(f)(2) shall not apply with respect to such taxpayer for such taxable year, except that if such taxpayer received any advance payments under section 7527 for any month in such taxable year and is later allowed a credit under section 36B for such taxable year, then section 36B(f)(2) shall be applied by substituting the amount determined under clause (i) for the amount determined under section 36B(f)(2)(A).''. (c) Extension of Advance Payment Program.-- (1) In general.--Subsection (a) of section 7527 of the Internal Revenue Code of 1986 is amended by striking ``August 1, 2003'' and inserting ``the date that is 1 year after the date of the enactment of the Health Coverage Tax Credit Extension Act of 2015''. (2) Conforming amendment.--Paragraph (1) of section 7527(e) of such Code is amended by striking ``occurring'' and all that follows and inserting ``occurring-- ``(A) after the date that is 1 year after the date of the enactment of the Health Coverage Tax Credit Extension Act of 2015, and ``(B) prior to the first month for which an advance payment is made on behalf of such individual under subsection (a).''. (d) Individual Insurance Treated as Qualified Health Insurance Without Regard to Enrollment Date.-- (1) In general.--Subparagraph (J) of section 35(e)(1) of the Internal Revenue Code of 1986 is amended by striking ``insurance if the eligible individual'' and all that follows through ``For purposes of'' and inserting ``insurance. For purposes of''. (2) Special rule.--Subparagraph (J) of section 35(e)(1) of such Code, as amended by paragraph (1), is amended by striking ``insurance.'' and inserting ``insurance (other than coverage enrolled in through an Exchange established under the Patient Protection and Affordable Care Act).''. (e) Conforming Amendment.--Subsection (m) of section 6501 of the Internal Revenue Code of 1986 is amended by inserting ``, 35(g)(11)'' after ``30D(e)(4)''. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to coverage months in taxable years beginning after December 31, 2013. (2) Plans available on individual market for use of tax credit.--The amendment made by subsection (d)(2) shall apply to coverage months in taxable years beginning after December 31, 2015. (3) Transition rule.--Notwithstanding section 35(g)(11)(B)(i) of the Internal Revenue Code of 1986 (as added by this Act), an election to apply section 35 of such Code to an eligible coverage month (as defined in section 35(b) of such Code) (and not to claim the credit under section 36B of such Code with respect to such month) in a taxable year beginning after December 31, 2013, and before the date of the enactment of this Act-- (A) may be made at any time on or after such date of enactment and before the expiration of the 3-year period of limitation prescribed in section 6511(a) with respect to such taxable year; and (B) may be made on an amended return. SEC. 3. AGENCY OUTREACH. As soon as possible after the date of the enactment of this Act, the Secretaries of the Treasury, Health and Human Services, and Labor (or such Secretaries' delegates) and the Director of the Pension Benefit Guaranty Corporation (or the Director's delegate) shall carry out programs of public outreach, including on the Internet, to inform potential eligible individuals (as defined in section 35(c)(1) of the Internal Revenue Code of 1986) of the extension of the credit under section 35 of the Internal Revenue Code of 1986 and the availability of the election to claim such credit retroactively for coverage months beginning after December 31, 2013.", "summary": "Health Coverage Tax Credit Extension Act of 2015 This bill extends the tax credit for health insurance costs of a taxpayer and qualifying family members through 2019. The tax credit for health insurance costs is a refundable tax credit equal to 72.5% of the cost of qualified health coverage paid by an eligible individual [defined as an individual who is receiving a trade adjustment allowance, is eligible for the alternative trade adjustment assistance program, or is over age 55 and receives pension benefits from the Pension Benefit Guaranty Corporation (PBGC)]. The bill requires a taxpayer to make an election to have the tax credit apply for any eligible coverage month during a taxable year. An eligible coverage month is a month in which an eligible individual is covered by qualified health insurance, does not have other specified coverage, and is not imprisoned. The bill also directs the Departments of the Treasury, Health and Human Services, and Labor and the PBGC to conduct a public outreach, including on the Internet, to inform individuals eligible for the tax credit for health insurance costs on the extension of such credit and the availability of the election to claim such credit retroactively for coverage months beginning after December 31, 2013."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Flooding Awareness Act of 2014''. SEC. 2. URBAN FLOODING DEFINED. (a) In General.--In this Act, the term ``urban flooding'' means the inundation of property in a built environment, particularly in more densely populated areas, caused by rain falling on increased amounts of impervious surface and overwhelming the capacity of drainage systems, such as storm sewers. (b) Inclusions.--In this Act, the term ``urban flooding'' includes-- (1) situations in which stormwater enters buildings through windows, doors, or other openings; (2) water backup through sewer pipes, showers, toilets, sinks, and floor drains; (3) seepage through walls and floors; (4) the accumulation of water on property or public rights- of-way; and (5) the overflow from water bodies, such as rivers and lakes. (c) Exclusion.--In this Act, the term ``urban flooding'' does not include flooding in undeveloped or agricultural areas. SEC. 3. URBAN FLOODING STUDY. (a) Agreement With National Research Council.--The Administrator of the Federal Emergency Management Agency shall enter into an agreement with the National Research Council under which the National Research Council will conduct a study on urban flooding in accordance with the requirements of this section. (b) Contents.-- (1) General review and evaluation.--In conducting the study, the National Research Council shall review and evaluate the latest available research, laws, regulations, policies, best practices, procedures, and institutional knowledge regarding urban flooding. (2) Specific issue areas.--The study shall include, at a minimum, an examination of the following: (A) The prevalence and costs associated with urban flooding events across the United States, with a focus on the largest metropolitan areas and any clear trends in frequency and severity over the past 2 decades. (B) The adequacy of existing federally provided flood risk information and the most cost-effective methods and products to identify, map, or otherwise characterize the risk of property damage from urban flooding on a property-by-property basis, whether or not a property is in or adjacent to a 1-percent (100- year) flood plain, and the potential for training and certifying local experts in flood risk characterization as a service to property purchasers and owners and their communities. (C) The causes of urban flooding and its apparent increase over the past 20 years, including the impacts of-- (i) global climate change; (ii) increasing urbanization and the associated increase in impervious surfaces; and (iii) undersized, deteriorating and otherwise ineffective stormwater infrastructure. (D) The most cost-effective strategies, practices, and technologies used to reduce the impacts of urban flooding, with a focus on decentralized, easy-to- install, and low-cost approaches, such as nonstructural and natural infrastructure on public and private property. The examination under this subparagraph shall include an assessment of opportunities for implementing innovative strategies and practices on government- controlled land, such as Federal, State, and local roads, parking lots, alleys, sidewalks, buildings, recreational areas, and open space. (E) The role of the Federal Government and State governments, as conveners, funders, and advocates, in spurring market innovations based on public-private- nonprofit partnerships. Such innovations may include smart home technologies for improved flood warning systems connected to high-resolution weather forecast data and Internet- and cellular-based communications systems. (F) The most sustainable and effective methods for funding flood risk and flood damage reduction at all levels of government, including-- (i) the potential for establishing a State revolving fund program for flood prevention projects similar to the revolving fund programs under the Federal Water Pollution Control Act and the Safe Drinking Water Act; (ii) stormwater fee programs using impervious surface as the basis for fee rates and providing credits for the installation of flood prevention or other stormwater management features; (iii) grant programs; and (iv) public-private partnerships. (G) Information and education strategies and practices, including nontraditional approaches such as the use of social media, for community leaders, government staff, and property owners on-- (i) flood risks; (ii) flood risk reduction strategies and practices; and (iii) the availability and effectiveness of different types of flood insurance policies. (H) The relevance of the National Flood Insurance Program and Community Rating System to urban flooding areas outside traditional flood plains, and strategies for broadening coverage and increasing participation under the programs. (I) Strategies for protecting downstream communities from the flooding impacts of development in upstream communities, including a review of-- (i) potential standards for watershed-wide flood protection planning; and (ii) the potential establishment of streamlined legal processes for victims of flood damage, to avoid the need for expensive litigation. (c) Consultation.--The Administrator of the Federal Emergency Management Agency shall carry out this section in consultation with the Secretary of the Army (acting through the Chief of Engineers), the Secretary of Housing and Urban Development, the Administrator of the Environmental Protection Agency, and State, regional, and local stormwater management agencies, and such other interested parties as the Administrator of the Federal Emergency Management Agency considers appropriate. (d) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Financial Services and the Committee on Appropriations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate a report containing the findings of the National Research Council based on the results of the study, including recommendations for implementation of strategies, practices, and technologies relating to urban flooding by Congress and the executive branch.", "summary": "Urban Flooding Awareness Act of 2014 - Directs the Administrator of the Federal Emergency Management Agency (FEMA) to enter into an agreement with the National Research Council to conduct a study on urban flooding. Defines "urban flooding" as the inundation of property in a built environment, particularly in more densely populated areas, caused by rain falling on increased amounts of impervious surface and overwhelming the capacity of drainage systems. Directs the Council to evaluate the latest research, laws, regulations, policies, best practices, procedures, and institutional knowledge regarding urban flooding. Requires the Council's study to include an examination of: the prevalence of and costs associated with urban flooding events across the United States, with a focus on the largest metropolitan areas and trends in frequency and severity over the past two decades; the adequacy of federally provided flood risk information and the most cost-effective methods and products to characterize the risk of property damage from urban flooding on a property-by-property basis; the potential for training and certifying local experts in flood risk characterization as a service to property purchasers and owners; the causes of urban flooding and its apparent increase over the past 20 years; the most cost-effective strategies, practices, and technologies used to reduce the impacts of urban flooding; the role of the federal government and state governments in spurring market innovations based on public-private-nonprofit partnerships; the most sustainable and effective methods for funding flood risk and flood damage reduction at all levels of government; the relevance of the National Flood Insurance Program and Community Rating System to urban flooding areas outside traditional flood plains and strategies for broadening coverage and increasing participation under the Program; and strategies for protecting downstream communities from the flooding impacts of development in upstream communities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Improvised Explosive Device Prevention and Preparedness Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Improvised explosive devices come in many forms, including-- (A) radio controlled improvised explosive devices; (B) suicide improvised explosive devices; (C) suicide or homicide improvised explosive devices; (D) vehicle-borne improvised explosive devices; (E) waterborne improvised explosive devices; and (F) underwater improvised explosive devices. (2) The United States has suffered numerous improvised explosive device attacks in the past 25 years, including-- (A) the 1983 United States embassy bombing in Beirut, Lebanon; (B) the 1983 United States Marine barracks bombing in Beirut, Lebanon; (C) the 1983 United States Senate bombing following the Grenada invasion; (D) the 1984 United States embassy annex bombing in Beirut, Lebanon; (E) the 1986 TWA Flight 840 bombing; (F) the 1986 LaBelle Discotheque bombing in Berlin, Germany; (G) the 1988 Pan Am Flight 103 bombing; (H) the 1993 World Trade Center bombing in New York City, New York; (I) the 1995 Alfred P. Murrah Federal Building bombing in Oklahoma City, Oklahoma; (J) the 1996 Khobar Towers bombing in Khobar, Saudi Arabia; (K) the 1996 Centennial Olympic Park bombing in Atlanta, Georgia; (L) the 1998 health clinic bombing in Birmingham, Alabama; (M) the 1998 United States embassy bombing in Dar es Salaam, Tanzania; (N) the 1998 United States embassy bombing in Nairobi, Kenya; (O) the 2000 USS Cole bombing in Aden, Yemen; and (P) the 2008 military recruiting office bombing in New York City, New York. (3) Improvised explosive devices are responsible for 60 percent of all United States combat casualties in Iraq and 50 percent of all United States combat casualties in Afghanistan. (4) The knowledge to assemble, arm, and detonate improvised explosive devices is highly importable due to advances in global communications networks. (5) The bomb squad, public safety dive team, explosive detection canine team, and special weapons and tactics team capabilities of the United States is inadequate for the domestic threat of an improvised explosive device attack. (6) Federal funding in support of bomb squad, public safety dive team, explosive detection canine team, and special weapons and tactics team capability development is inadequate and lacks sufficient strategic planning to properly equip, train, and prepare the Nation's emergency response providers. (7) Bomb squad, public safety dive teams, explosive detection canine teams, and special weapons and tactics teams operated by State and local governments are usually the first to respond to domestic bombing threats and best-positioned to discern funding shortfalls based on threats identified by Federal, State, and local government sources. SEC. 3. BOMBING PREVENTION. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 525. OFFICE FOR BOMBING PREVENTION. ``(a) Definition.--In this section, the term `IED first responder' means a bomb squad, explosive detection canine team, special weapons and tactics team, or public safety dive team operated by a State or local government. ``(b) Establishment.--There is established in the Agency an Office for Bombing Prevention (in this section referred to as `the Office'). ``(c) Responsibilities.--The Office shall have the primary responsibility within the Department for enhancing the ability, and coordinating the efforts, of the Nation to deter, detect, prevent, protect against, intercept, and respond to terrorist improvised explosive device attacks, including by-- ``(1) coordinating national and intergovernmental bombing prevention activities; ``(2) chairing any improvised explosive device working group or task force established by the Department; ``(3) conducting requirements, capabilities, and gap analyses of equipment and training of Federal, State, and local governments to deter, prevent, detect, protect against, intercept, and assist in any response to terrorist explosive attacks by-- ``(A) maintaining a national analysis database on the capabilities of IED first responders; ``(B) applying the analysis derived from the database described in subparagraph (A) in-- ``(i) evaluating progress toward closing identified gaps relating to national strategic goals and standards; and ``(ii) providing to the Administrator an assessment of the needs of State and local governments for Federal funds to equip and train IED first responders; and ``(C) providing the analysis derived from the database described in subparagraph (A) to other components of the Department and other departments and agencies of the Federal Government to inform decisions relating to homeland security policy, assistance, training, research and development efforts, testing and evaluation, and related requirements; ``(4) serving as the primary conduit between Federal, State, and local governments for conducting assessments for, and making changes necessary to close gaps identified through, the database described in paragraph (3)(A); ``(5) assisting State and local officials in developing multijurisdictional bombing prevention plans and identifying and prioritizing equipment requirements; ``(6) operating and maintaining an information portal for IED first responders to share critical information and lessons learned; ``(7) promoting other information sharing and improvised explosive device prevention awareness programs; ``(8) serving as a liaison to the Joint Improvised Explosive Device Defeat Organization of the Department of Defense; ``(9) coordinating and consulting with the Senior Advisory Committee on Improvised Explosive Device Prevention and Response established under section 890A; and ``(10) assisting, in cooperation with the Administrator of the Transportation Security Administration, departments and agencies of Federal, State, or local government in developing and implementing national explosive detection canine training and certification standards. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $20,000,000 for fiscal year 2009; ``(2) $25,000,000 for each of fiscal years 2010 and 2011; and ``(3) such sums as are necessary for each fiscal year thereafter.''. (b) Transfer of Existing Function.--There are transferred to the Office for Bombing Prevention established under section 525 of the Homeland Security Act, as added by this Act, all functions of the Office for Bombing Prevention of the Office of Infrastructure Protection of the Department of Homeland Security as of the day before the date of enactment of this Act, including its personnel, assets, components, authorities, and liabilities. SEC. 4. SENIOR ADVISORY COMMITTEE. Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following: ``SEC. 890A. SENIOR ADVISORY COMMITTEE ON IMPROVISED EXPLOSIVE DEVICE PREVENTION AND RESPONSE. ``(a) In General.--The Secretary shall ensure that a subcommittee of the Homeland Security Advisory Council established under section 871, or any successor thereto, is established that is responsible for improvised explosive device prevention and response, to be know as the `Senior Advisory Committee on Improvised Explosive Device Prevention and Response'. ``(b) Responsibilities.--The Senior Advisory Committee on Bombing Prevention and Response shall-- ``(1) provide policy guidance and recommendations to the Homeland Security Advisory Council, or any successor thereto, on all matters related to the preparedness of emergency response providers to respond to, detect, and defeat destructive devices; ``(2) develop best practices, training, and basic operational procedures to coordinate between, and integrate the responsibilities and functions of, bomb squads and special weapons and tactics teams; ``(3) promote interoperability and information sharing between the Federal Government and IED first responders, as that term is defined in section 525; and ``(4) meet annually to review applications for grants under the Bomb Prevention and Response Grant Program under section 526 and provide to the Administrator advice on the proposed allocation of such grants based on the gaps identified through the database described in section 525(c)(3)(A). ``(c) Membership.--The members of the Senior Advisory Committee on Bombing Prevention and Response shall be selected in consultation with-- ``(1) the Attorney General of the United States; ``(2) the Commandant of the Coast Guard; ``(3) the Administrator of the Transportation Security Administration; ``(4) the Administrator of the Federal Transit Administration; ``(5) the Executive Director of the National Tactical Officers Association; ``(6) the Chair of the National Bomb Squad Commanders Advisory Board; ``(7) the Chair of the Board of the International Association of Bomb Technicians and Investigators; ``(8) the Chair of the Scientific Working Group on Dog and Orthogonal Detector Guidelines; ``(9) the Executive Director of the National Emergency Management Association; ``(10) the President of the National Sheriff's Association; ``(11) the President of the Fraternal Order of Police; ``(12) the Chair of the Executive Committee of the National Governors Association; ``(13) the President of the United States Conference of Mayors; ``(14) the Regional Administrator for each region of the Federal Emergency Management Agency; and ``(15) the head of the Office for Bombing Prevention established under section 525.''. SEC. 5. IMPROVISED EXPLOSIVE DEVICE PREVENTION AND RESPONSE GRANTS. Title V of the Homeland Security Act of 2002 (6 U.S.C. 315 et seq.), as amended by this Act, is amended by adding at the end the following: ``SEC. 526. FIRST RESPONDER IED PREVENTION AND RESPONSE GRANT PROGRAM. ``(a) Establishment.--There is established an First Responder IED Prevention and Response Grant Program, under which the Administrator may make grants to State and local governments. ``(b) Application.--A State or local government desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Administrator shall establish. ``(c) Use of Grant Amounts.-- ``(1) In general.--A grant under this section may be used for equipment, training, and, subject to paragraph (2), salary and benefits for personnel of an IED first responder, as that term is defined in section 525. ``(2) Personnel.--Amounts provided under a grant under this section may be used for salary and benefits-- ``(A) for an employee who-- ``(i) is a veteran (as that term is defined in section 101(2) of title 38, United States Code) with experience relating to improvised explosive devices as a member of an explosive ordnance disposal or response team in Iraq or Afghanistan; ``(ii) is a graduate of a military education school for members of the Armed Forces for-- ``(I) explosive ordnance disposal technicians; or ``(II) explosive detection canine handlers; or ``(iii) is a sworn law enforcement officer who is certified as a bomb technician by the Hazardous Devices School of the Federal Bureau of Investigation; and ``(B) for any employee described in subparagraph (A), for not more than a 3-year period. ``(d) Grant Awards.--The Administrator shall award grant under this section based on the gaps identified through the database described in section 525(c)(3)(A). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $75,000,000 for fiscal year 2009; ``(2) $100,000,000 for fiscal year 2010; ``(3) $100,000,000 for fiscal year 2011; ``(4) $125,000,000 for fiscal year 2012; and ``(5) $125,000,000 for fiscal year 2013.''. SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended-- (1) by inserting after the item relating to section 524 the following: ``Sec. 525. Office for Bombing Prevention. ``Sec. 526. First Responder IED Prevention and Response Grant Program.''; and (2) by inserting after the item relating to section 890 the following: ``Sec. 890A. Senior Advisory Committee on Improvised Explosive Device Prevention and Response.''. SEC. 7. MARITIME TRANSPORTATION SECURITY. Section 70107(k)(3) of title 46, United States Code, is amended-- (1) by striking subparagraph (A) and inserting the following: ``(A) identifies any modifications necessary in funding to ensure the correction of vulnerabilities and capability gaps identified by the Coast Guard and the dive team component of the database described in section 525(c)(3)(A) of the Homeland Security Act of 2002, to ensure compliance with Area Maritime Transportation Security Plans and facility security plans;''; (2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (3) by inserting after subparagraph (B) the following: ``(C) includes an assessment of progress in completing assessments for the dive team component of the database described in section 525(c)(3)(A) of the Homeland Security Act of 2002, for all applicable ports;''.", "summary": "National Improvised Explosive Device Prevention and Preparedness Act of 2008 - Amends the Homeland Security Act of 2002 to establish the Office for Bombing Prevention, which shall have primary responsibility within the Department of Homeland Security (DHS) for enhancing the nation's ability, and coordinating its efforts, to deter, detect, prevent, protect against, intercept, and respond to terrorist improvised explosive device (IED) attacks. Transfers to the Office all functions of the current Office for Bombing Prevention of DHS's Office of Infrastructure Protection. Directs the Secretary of DHS to ensure that a Homeland Security Advisory Council subcommittee, to be known as the Senior Advisory Committee on Improvised Explosive Device Prevention and Response, is established. Requires the Committee to: (1) provide policy guidance and recommendations; (2) develop best practices, training, and basic operational procedures; (3) promote interoperability and information sharing between the federal government and IED first responders; and (4) meet annually to review grant applications under the Bomb Prevention and Response Grant Program (established by this Act) and provide advice on proposed grant allocations. Requires the Secretary's annual report on progress in achieving compliance with the correction of Coast Guard identified vulnerabilities in port security and compliance with Area Maritime Transportation Security Plans and facility security plans to include: (1) the identification of modifications necessary in funding to ensure the correction of capability gaps identified by the Coast Guard and the dive team component of the national analysis database on the capabilities of IED first responders (required to be maintained by the Office for Bombing Prevention); and (2) an assessment of progress in completing assessments for the dive team component for all applicable ports."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Uzbekistan Freedom Promotion Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of State's 2004 Country Reports on Human Rights Practices for Uzbekistan states the following: (A) ``Uzbekistan is an authoritarian state with limited civil rights . . . President Islam Karimov and the centralized executive branch that serves him dominated political life and exercised nearly complete control over the other branches . . . The Government is highly centralized and is ruled by President Karimov and the executive branch through sweeping decree powers, primary authority for drafting legislation, and control of government appointments, most of the economy, and the security forces.''. (B) ``On December 26, [2004,] elections were held for seats in the lower chamber of the Supreme Assembly (Oliy Majlis) that fell significantly short of international standards for democratic elections . . . Citizens could not exercise the right to change their government peacefully . . . The law makes it extremely difficult for opposition parties to organize, nominate candidates, and campaign.''. (C) ``Police and, to a lesser extent, NSS [National Security Service] forces tortured, beat, and harassed persons . . . Members of the security forces responsible for documented abuses were rarely punished . . . Police, prison officials, and the NSS allegedly used suffocation, electric shock, rape, and other sexual abuse; however, beating was the most commonly reported method of torture.''. (D) ``The number of persons in prison for political or religious reasons--primarily persons the Government believed were associated with extremist Islamist political groups, but also members of the secular opposition and human rights activists--was estimated to be between 5,000 and 5,500.''. (E) ``The Government severely restricted freedom of speech and the press, and an atmosphere of repression stifled public criticism of the Government.''. (F) ``The Government continued to deny registration to several independent domestic human rights groups and increased pressure on unregistered groups . . . The Government denied the registration applications of two opposition political parties. The Government harassed and abused members of domestic human rights groups.''. (G) ``The Government restricted freedom of religion and harassed individuals suspected of belonging to extremist groups; several hundred were arrested. The Government limited the activities of minority religions.''. (H) ``The public generally did not have access to Government information, and information normally considered in the public domain, such as prosecutions for corruption or official malfeasance, were seldom reported.''. (2) On May 13, 2005, security forces of the Government of Uzbekistan conducted a brutal and indiscriminate assault on thousands of demonstrators and onlookers in the city of Andijan, which resulted in hundreds of deaths and many more injuries. (3) The Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe (OSCE) stated in its ``Preliminary Findings on the Events in Andijan, Uzbekistan, 13 May 2005'' that many of the protestors ``spoke about social and economic problems (lack of transparency, corruption in the government, unfair trials, abuse by police, unemployment, taxation, etc) . . . this also attracted others to the square''. (4) The Government of Uzbekistan has imprisoned dozens of individuals who participated in peaceful demonstrations and continues to engage in widespread arrests in the aftermath of the May 13, 2005, assault. (5) The Government of Uzbekistan has consistently denied that a massacre in Andijan took place, expelled local and foreign journalists from the region, and has refused to open the area to a full and independent investigation into the violence. (6) Following the massacre in Andijan, hundreds of Uzbek citizens fled to neighboring Kyrgyzstan, which faces pressure from the Uzbek Government to quickly return them, despite well- grounded concerns that they may be arrested and tortured upon their return, and where, although protected as refugees under international law, they have been targeted by Uzbek authorities for illegal repatriation and face continued threat from Uzbek security services operating in southern Kyrgyzstan. (7) In June 2005, the United States, the European Union (EU), the North Atlantic Treaty Organization (NATO), the United Nations High Commissioner for Human Rights, and the Organization for Security and Cooperation in Europe called for a credible independent international inquiry into the recent violence in Andijan and urged the Government of Uzbekistan to prosecute those responsible for civilian deaths. (8) A July 12, 2005, report by the United Nations High Commissioner for Human Rights states that ``consistent, credible eyewitness testimony strongly suggests that grave human rights violations, mostly of the right to life, were committed by Uzbek military and security forces . . . It is not excluded--judging from the accounts of the eyewitnesses interviewed--that the incidents amounted to a mass killing . . .'' in Andijan and reiterates a call for an independent international probe. (9) In July 2004, after a Department of State review of democratization in Uzbekistan, former Secretary of State Colin Powell determined that the Government of Uzbekistan was not fulfilling the terms of a 2002 Strategic Partnership Framework agreement that mandated ``substantial and continuing progress'' on democratization, and accordingly, he did not certify Uzbekistan as eligible to receive certain United States assistance. (10) By continuing to suppress human rights and to deny citizens peaceful, democratic means of expressing their convictions, the Government of Uzbekistan risks fueling popular support for violent and extremist movements. (11) President George W. Bush, in his second Inaugural Address, stated that the United States ``will persistently clarify the choice before every ruler and every nation: The moral choice between oppression, which is always wrong, and freedom, which is eternally right. America will not pretend that jailed dissidents prefer their chains, or that women welcome humiliation and servitude, or that any human being aspires to live at the mercy of bullies. We will encourage reform in other governments by making clear that success in our relations will require the decent treatment of their own people.''. (12) Congress has repeatedly expressed its desire to see deeper reform in Uzbekistan and has conditioned certain United States assistance to the Government of Uzbekistan on its progress in meeting human rights and democracy commitments made to the United States. (13) After expressions of concern by representatives of the Administration and Congress about the massacre at Andijan, the Government of Uzbekistan has restricted the use of the airbase at Karshi-Khanabad by United States military forces. (14) On July 5, 2005, the Government of Uzbekistan joined the Governments of the Russian Federation, the People's Republic of China, Kyrgyzstan, Kazakhstan, and Tajikistan in calling on countries involved in Coalition operations in Afghanistan to set a deadline for ending their use of airfields and other military presence in Central Asia. (15) On July 7, 2005, the Government of Uzbekistan indicated that it was reconsidering the use by the United States of the Karshi-Khanabad airbase. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress the actions of the Government of Uzbekistan in general and in the case of the Andijan massacre specifically-- (1) are reprehensible, totalitarian, and unbecoming of an ally of the United States; (2) are counterproductive to the United States goals of promoting freedom and democracy; and (3) justify an end to United States assistance for, and an increase in restrictions on, the Government of Uzbekistan until it accelerates democratic reforms and fulfills its human rights obligations. SEC. 4. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF UZBEKISTAN. (a) Amendment.--Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2353 et seq.) is amended-- (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following new section: ``SEC. 620K. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF UZBEKISTAN. ``(a) Limitation.--Notwithstanding any other provision of law, assistance under this Act or any other provision of law, other than assistance under the provisions of law described in subsection (b), may be provided to the Government of the Republic of Uzbekistan for a fiscal year only if the President transmits to the appropriate congressional committees a certification described in subsection (c) for the fiscal year. ``(b) Provisions of Law Excluded.--The provisions of law described in this subsection are the following: ``(1) Title IV of chapter 2 of part I of this Act (relating to insurance, reinsurance, guarantees or other assistance provided by the Overseas Private Investment Corporation). ``(2) Section 661 of this Act (relating to assistance provided by the Trade and Development Agency). ``(3) Title V of the FREEDOM Support Act, sections 1424 and 1501(b) of the National Defense Authorization Act for Fiscal Year 1997, and any other provision of law that authorizes the provision of non-proliferation assistance to foreign countries. ``(4) Any provision of law that authorizes activities of the United States and Foreign Commercial Service. ``(5) The Export-Import Bank Act of 1945. ``(6) Any provision of law that authorizes the provision of humanitarian assistance. ``(c) Certification.--A certification described in this subsection is a certification that contains a determination of the President that-- ``(1) the Government of Uzbekistan has permitted and is fully cooperating with and supporting an independent international inquiry into the violence in Andijan, Uzbekistan, has ceased pressuring the Government of Kyrgyzstan to return the refugees who fled after the massacre, and is prosecuting those individuals responsible for civilian deaths or injuries in the violence; and ``(2) the Government of Uzbekistan has accelerated democratic reforms and fulfilled its human rights obligations by-- ``(A) releasing from prison all individuals jailed for peaceful political activism or the nonviolent expression of their political or religious beliefs; ``(B) fully investigating any credible allegations of torture and prosecuting those individuals responsible; ``(C) permitting the free and unfettered functioning of independent media outlets, independent political parties, and nongovernmental organizations, whether officially registered or not; ``(D) permitting the free exercise of religious beliefs and ceasing the persecution of members of religious groups and denominations not registered with the Government of Uzbekistan; ``(E) holding internationally-observed, free, transparent, competitive, and fair elections; and ``(F) making publicly available documentation of its revenues and expenditures and prosecuting those individuals engaged in official corruption. ``(d) Definition.--In this section, the term `appropriate congressional committees' means-- ``(1) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and ``(2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.''. (b) Effective Date.--The limitation on assistance to the Government of Uzbekistan under section 620K of the Foreign Assistance Act of 1961, as added by subsection (a), applies with respect to assistance for the Government of Uzbekistan for fiscal year 2006 and subsequent fiscal years. SEC. 5. RESTRICTION ON VISAS. A visa may not be issued to any official of the Government of Uzbekistan who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses or corruption unless the Secretary of State certifies to the appropriate congressional committees that the issuance of the visa is in the national security interests of the United States. SEC. 6. FREEZING OF ASSETS. (a) In General.--The President shall seek to identify and freeze the financial assets and other economic resources in the United States of any official of the Government of Uzbekistan, and their family members, who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses, including the massacre in Andijan. (b) Lifting of Restrictions.--The President shall, on a case-by- case basis, lift the freezing of financial assets or other economic resources of any official or individual under this section if the President certifies to the appropriate congressional committees that the official or individual has been properly investigated and cleared of any wrongdoing and that the Government of the United States is confident that the investigation was properly conducted, transparent, and free of political influence. SEC. 7. MUNITIONS EXPORT LICENSES. The President shall prohibit the export to Uzbekistan of any item, including the issuance of a license for the export of any item under section 38 of the Arms Export Control Act (22 U.S.C. 2778), on the United States Munitions List or Commerce Control List or any dual use item under the Export Administration Regulations unless the President certifies to the appropriate congressional committees and the Committees on Armed Services of the House of Representatives and the Senate that the Government of Uzbekistan meets the requirements of paragraphs (1) and (2) of section 620K(c) of the Foreign Assistance Act of 1961, as added by section 4 of this Act. SEC. 8. EMERGENCY REFUGEE ADMISSION. The President shall expedite admission to the United States of any national of Uzbekistan who is under threat of severe penalty as a result of participating in pro-democracy activities, including those citizens of Uzbekistan who have fled to Kyrgyzstan, and should encourage other governments to accept Uzbek refugees for resettlement. SEC. 9. PLAN TO MOVE UNITED STATES MILITARY OPERATIONS. Not later than 60 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees and the Committees on Armed Services of the House of Representatives and the Senate a plan to move all existing United States military operations in Uzbekistan to facilities outside that country. SEC. 10. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Commerce control list.--The term ``Commerce Control List'' means the list maintained under part 774 of title 15, Code of Federal Regulations. (3) Dual use.--The term ``dual use'' means, with respect to goods or technology, those goods or technology that are specifically designed or developed for civil purposes but which also may be used or deployed in a military or proliferation mode. Such term does not include purely commercial items. (4) Export administration regulation.--The term ``Export Administration Regulations'' means those regulations contained in sections 730 through 774 of title 15, Code of Federal Regulations (or successor regulations). (5) Item.--The term ``item'' means any good or technology, defense article or defense service subject to the export jurisdiction of the United States under law or regulation. (6) United states munitions list.--The term ``United States Munitions List'' means the list referred to in section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).", "summary": "Uzbekistan Freedom Promotion Act of 2005 - Amends the Foreign Assistance Act of 1961 to prohibit assistance, with specified exceptions, to the government of Uzbekistan unless the President certifies to the appropriate congressional committees that the government of Uzbekistan: (1) is cooperating with an independent international inquiry into the Andijan violence, has ceased pressuring the government of Kyrgyzstan to return the refugees who fled the massacre, and is prosecuting responsible individuals; and (2) has accelerated democratic reforms and fulfilled its human rights obligations. Prohibits visa issuance to any official of the government of Uzbekistan who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses or corruption unless the Secretary of State certifies to the appropriate congressional committees that the visa issuance is in U.S. national security interests. Directs the President to: (1) freeze the financial assets and other economic resources in the United States of any official (or family member) of the government of Uzbekistan who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses, including the massacre in Andijan. (Permits lifting of such freeze if the President certifies to the appropriate congressional committees that the official or individual has been properly investigated and cleared of any wrongdoing.); (2) prohibit munitions or dual use exports to Uzbekistan unless the President certifies that the government of Uzbekistan has met the requirements of the first paragraph above; (3) expedite U.S. admission of any Uzbekistan national who is under threat of severe penalty as a result of participating in pro-democracy activities, including Uzbekistan citizens who have fled to Kyrgyzstan; and (4) transmit to the appropriate congressional committees a plan to move all U.S. military operations from Uzbekistan."}
{"article": "SECTION 1. SHORT TITLE This Act may be cited as the ``Lake Pontchartrain Basin Restoration Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Lake Pontchartrain Basin forms one of the largest natural estuaries in the continental United States; (2) the Basin drains an area of almost 5,000 square miles from 16 Louisiana parishes and 4 Mississippi counties; (3) the ecology of the Basin provides the diverse essential habitat that supports countless species of fish, birds, mammals, and plants; (4) the extensive wetland of the Basin provides the primary nursery for much of the seafood harvested in the Gulf Coast; (5) conditions resulting from urbanization, increasing population growth and development, sewage and septic tank discharges, animal waste, herbicides, pesticides, fertilizers, stormwater runoff, sediments from construction, and sewage from fishing camps and residences should be addressed to improve the environment and ecology of the Basin; (6) a major source of pollution in the Basin is raw or partially treated human waste from-- (A) communities with poor sewer systems or without sewer systems; and (B) septic tank systems that are not operating properly; (8) stormwater discharges that combine with effluent from sanitary discharges from broken lines are channeled directly into Lake Pontchartrain or adjacent bodies of water; (7) a number of local government agencies are working on restoration efforts that have a direct impact on water quality in the Basin, including the Department of Environmental Quality of Louisiana, the New Orleans Sewerage and Water Board, Jefferson Parish, and other governmental agencies; (8) a number of non-regulating organizations, such as the Lake Pontchartrain Basin Foundation and the University of New Orleans, are playing substantial, essential roles in restoration efforts; (9) the Lake Pontchartrain Basin Foundation, the University of New Orleans, and the Regional Planning Commission for Jefferson, Orleans, Plaquemines, St. Bernard, and St. Tammany Parishes, Louisiana, have entered into a memorandum of understanding to better facilitate the restoration and preservation of water quality and habitats throughout the Basin; and (10) the programs and activities of the various Federal agencies involved with administration of laws, programs, and assets that affect the water quality of the Basin, including the Environmental Protection Agency, the Army Corps of Engineers, the Department of Agriculture, the Department of the Interior, and other agencies, lack coordination and sufficient resources to measure and remediate water quality problems in the Basin. (b) Purposes.--The purposes of this Act are-- (1) to coordinate the restoration efforts of Federal, State, and local agencies and organizations in the restoration of the Basin; (2) to establish the Lake Pontchartrain Basin Restoration Program in the office of the Environmental Protection Agency; and (3) to authorize and provide resources for restoration projects in the Basin. SEC. 3. LAKE PONTCHARTRAIN BASIN. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 121. LAKE PONTCHARTRAIN BASIN. ``(a) Definitions.--In this section: ``(1) Basin.--The term `Basin' means the Lake Pontchartrain Basin located in the State of Louisiana. ``(2) Council.--The term `Council' means the Lake Pontchartrain Executive Council established under subsection (b)(3)(A). ``(3) Management plan--The term `management plan' means the watershed management plan developed under subsection (b)(3)(B). ``(4) Program.--The term `program' means the Lake Pontchartrain Basin Restoration Program established under subsection (b)(1). ``(b) Lake Pontchartrain Basin Restoration Program.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this section, the Administrator shall establish within the Environmental Protection Agency the Lake Pontchartrain Basin Restoration Program. ``(2) Purposes.--The purposes of the program shall be-- ``(A) to coordinate efforts among and provide resources to the various Federal, State, and local governmental agencies and nonregulatory organizations to reduce pollution in the Basin; and ``(B) to restore the Basin to ecological health. ``(3) Administration.-- ``(A) Lake pontchartrain executive council.--Not later than 180 days after the date of enactment of this section, the Administrator shall establish the Lake Pontchartrain Executive Council, to be composed of-- ``(i) the Administrator; ``(ii) the Governor of the State of Louisiana; ``(iii) the Chairman of the Regional Planning Commission; ``(iv) the Chancellor of the University of New Orleans; and ``(v) the Executive Director of the Lake Pontchartrain Basin Foundation. ``(B) Management plan.-- ``(i) In general.--Not later than 180 days after the date of enactment of this section, the Administrator, in cooperation with appropriate Federal, State, and local authorities, shall assist the Council in developing a comprehensive, multiuse, watershed management plan for the restoration and protection of the Basin. ``(ii) Assistance.--Assistance provided by the Administrator under subparagraph (A) shall include grants for and technical assistance in-- ``(I) developing an annual work plan endorsed by the Council; ``(II) supporting Basin-wide environmental monitoring and research to provide technical and scientific information necessary to support management decisions; ``(III) developing a comprehensive research plan to address the technical needs of the program; and ``(IV) recommending restoration projects for implementation by the State of Louisiana, parishes, and nongovernmental entities. ``(c) Restoration Projects.--In accordance with the management plan, the Administrator shall provide funding and oversight to carry out voluntary restoration projects for the Basin that-- ``(1) address human waste problems in the Basin by providing a cost-sharing construction and education program that offers incentives to parishes and local communities to improve sewage treatment facilities and procedures (including the continuation of funding for the inflow and infiltration projects of Orleans and Jefferson Parishes, Louisiana); ``(2) provide critical assistance to agricultural operators designed to address and curb agricultural runoff into the Basin; ``(3) provide for the rerouting of discharges from selected pumping stations through adjacent wetland, using existing canals and small water control structures, in order to use natural wetland to filter pollutants from urban stormwater; ``(4) improve Basin water quality-- ``(A) by eliminating discharges of raw or partially treated sewage from fishing camps and residences; ``(B) where there are approved municipal or community sewage systems, by providing tie-ins from those systems for fishing camps and residences; and ``(C) by establishing new sanitation and sewage systems where needed; ``(5) reverse the trend of decreasing acreage of coastal wetland in the Basin by creating new sustainable wetland habitat; and ``(6) retain the integrity of natural structural elements in the coastal landscape, such as ridges and barrier islands, in order to reduce storm surge impacts to essential habitats and human infrastructure. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary, to remain available until expended-- ``(1) to continue to provide priority funding for the New Orleans Inflow and Infiltration Project sponsored by the New Orleans Sewerage and Water Board and Jefferson Parish, Louisiana; and ``(2) to carry out subsections (b) and (c).''.", "summary": "Lake Pontchartrain Basin Restoration Act of 1999 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to establish the Lake Pontchartrain Basin Restoration Program within EPA. Directs the Administrator to: (1) establish the Lake Pontchartrain Executive Council; (2) assist the Council in developing a comprehensive, multi-use watershed management plan for the restoration and protection of the Basin; and (3) provide funding and oversight for voluntary restoration projects for the Basin. Authorizes appropriations to: (1) continue to provide priority funding for the New Orleans Inflow and Infiltration Project sponsored by the New Orleans Sewerage and Water Board and Jefferson Parish, Louisiana; and (2) carry out this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosperous and Secure Neighbor Alliance Act of 2007''. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) An alarming increase in illicit drugs and drug-related violence in Mexico and on the United States-Mexico border has made life gradually more difficult for Americans living in border communities. (2) The precarious security situation on the United States- Mexico border has also had a broader negative impact in the United States with illicit drugs continuing to get into the hands of our Nation's children. (3) United States Director of National Intelligence John Negroponte named Mexico in the Annual Threat Assessment of the Director of National Intelligence for the Senate Select Committee on Intelligence (February 2, 2006) as a country of concern regarding the capacity of drug trafficking organizations to undermine already weak state authority. (4) As a neighbor and as the second largest trading partner of the United States, Mexico deserves the support of the United States in taking steps to improve security and promote economic development in Mexico. (b) Statement of Policy.--It is, therefore, the policy of the United States to increase United States foreign assistance to improve security and promote economic development in Mexico, both of which are crucial to more effectively combat illicit drugs and drug-related violence and other criminal activities in Mexico and the United States. SEC. 3. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961. Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq) is amended by adding at the end the following: ``CHAPTER 13--ASSISTANCE TO IMPROVE SECURITY AND PROMOTE ECONOMIC DEVELOPMENT IN MEXICO ``SEC. 499H. AUTHORIZATION OF ASSISTANCE. ``(a) In General.--The President, acting through the Director of Foreign Assistance, shall provide assistance to improve security and promote economic development in Mexico by-- ``(1) professionalizing Mexican law enforcement personnel to prepare such law enforcement personnel to more effectively combat illicit drugs and drug-related violence and other criminal activities, including by providing funding to coordinate United States and Mexican efforts to find missing United States citizens and to carry out DNA testing and forensic examinations; ``(2) providing technology to assist Mexican law enforcement personnel to more effectively combat illicit drugs and drug-related violence; ``(3) strengthening the Mexican judicial branch through the training of judges and prosecutors; ``(4) supporting anti-corruption programs in Mexico, including the vetting of Mexican law enforcement personnel who are working with United States Government personnel; and ``(5) reducing poverty through targeted funding to enhance social development in Mexico, including micro-lending and trade capacity building. ``(b) Terms and Conditions.--Assistance under this chapter may be provided on such terms and conditions as the President may determine. ``SEC. 499I. EVALUATION. ``The President shall conduct an annual evaluation of the results of the specific programs, projects, and activities carried out under this chapter during the preceding year in order to ensure transparency and accountability, including transparency and accountability of recipients of assistance provided under this chapter. ``SEC. 499J. REPORT. ``The President shall prepare and transmit to the Committee on International Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, and other appropriate congressional committees an annual report on the specific programs, projects, and activities carried out under this chapter during the preceding year, including the evaluation conducted under section 499I. ``SEC. 499K. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to the President to carry out this chapter $170,000,000 for each of the fiscal years 2008 through 2012. ``(b) Additional Authorities.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a)-- ``(1) are authorized to remain available until expended; and ``(2) are in addition to amounts otherwise available for such purposes. ``(c) Funding Limitation.--Not more than 5 percent of the amounts appropriated pursuant to the authorization of appropriations under subsection (a) for a fiscal year may be used for administrative expenses. ``(d) Sense of Congress.--It is the sense of Congress that, of the amounts appropriated pursuant to the authorization of appropriations under subsection (a) for a fiscal year-- ``(1) $40,000,000 should be made available to carry out section 499H(a)(1); ``(2) $50,000,000 should be made available to carry out section 499H(a)(2); ``(3) $20,000,000 should be made available to carry out section 499H(a)(3); ``(4) $10,000,000 should be made available to carry out section 499H(a)(4); and ``(5) $50,000,000 should be made available to carry out section 499H(a)(5).''. SEC. 4. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains a description and analysis of the most effective strategies to reduce the demand for illicit drugs in the United States, specifically (but not limited to) strategies that reduce the demand for illicit drugs produced in or transported through Mexico.", "summary": "Prosperous and Secure Neighbor Alliance Act of 2007 - States that it is U.S. policy to increase U.S. foreign assistance to improve security and promote economic development in Mexico, both of which are crucial to combat illicit drugs and drug-related violence and other criminal activities in Mexico and the United States. Amends the Foreign Assistance Act of 1961 to direct the President to provide assistance to improve security and promote economic development in Mexico by: (1) professionalizing Mexican law enforcement personnel; (2) providing technology to assist Mexican law enforcement personnel; (3) strengthening the Mexican judicial branch; (4) supporting anti-corruption programs in Mexico; and (5) reducing poverty through targeted funding to enhance social development in Mexico."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bias Crimes Compensation Act of 1993''. SEC. 2. CIVIL RIGHTS. (a) Findings.--The Congress finds that-- (1) bias-motivated crimes of violence constitute crimes in violation of the victim's right to be free from discrimination on the basis of actual or perceived race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability; (2) State and Federal criminal laws do not adequately protect against the bias element of bias-motivated crimes of violence, which separates these crimes from acts of random violence, nor do those laws adequately provide victims of bias- motivated crimes of violence the opportunity to vindicate their interests; (3) existing bias and discrimination in the criminal justice system often deprive victims of bias-motivated crimes of violence of equal protection of the laws and the redress to which they are entitled; (4) bias-motivated crimes of violence have a substantial adverse effect on interstate commerce, by deterring potential victims from traveling interstate, from engaging in employment in interstate business, and from transacting with business, and in places involved, in interstate commerce; (5) bias-motivated crimes of violence have a substantial adverse effect on interstate commerce, by diminishing national productivity, increasing medical and other costs, and decreasing the supply of and the demand for interstate products; (6) a Federal civil rights claim, as created in this section, is necessary to guarantee equal protection of the laws and to reduce the substantial adverse effects of bias-motivated crimes of violence on interstate commerce; and (7) victims of bias-motivated crimes of violence have a right to equal protection of the laws, including a system of justice that is unaffected by bias or discrimination and that, at every relevant stage, treats such crimes as seriously as other violent crimes. (b) Right.--All individuals within the United States, and the special maritime and territorial jurisdiction of the United States, shall have the right to be free from bias-motivated crimes of violence. (c) Claim.--Any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives an individual of the right secured by subsection (b) shall be liable to the individual injured, in a civil action in any court of competent jurisdiction, for compensatory damages of not less than $100,000, punitive damages, injunctive relief, declaratory relief, or any combination thereof. (d) Limitation, Procedure, and Rule of Construction.-- (1) Limitation.--Nothing in this section entitles an individual to a claim under subsection (c) for random acts of violence unrelated to bias or for acts that cannot be demonstrated, by a preponderance of the evidence, to be bias- motivated crimes of violence. (2) No prior criminal action.--Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the necessary elements of a claim under subsection (c). (3) Concurrent jurisdiction.--The Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this section. (4) Rule of construction.--Neither section 1367 of title 28 of the United States Code nor subsection (c) of this section shall be construed, by reason of a claim arising under such subsection, to confer on the courts of the United States supplemental jurisdiction of any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree. (e) Definitions.--For purposes of this section-- (1) the term ``bias-motivated'' means committed because of, on the basis of, and due to (at least in part) an animus based on, actual or perceived race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability of the victim; (2) the term ``crime of violence'' means-- (A) an act or series of acts that would constitute State or Federal offense of a kind described in section 16 of title 18, United States Code, and punishable by a maximum term of imprisonment exceeding one year, but excludes an offense against property that presents no serious risk of physical or mental disability injury to an individual; or (B) one or more actions that would constitute such offense but for the relationship between the person who takes such actions and the individual against whom such actions are taken; whether or not such offense or such actions result in criminal charges, prosecution, or conviction and whether or not such actions were taken within the United States or the special maritime and territorial jurisdiction of the United States; (3) the term ``disability'' has the meaning given it in section 3(2) of the Americans With Disabilities Act of 1990 (42 U.S.C. 12102(2)); and (4) the term ``special maritime and territorial jurisdiction of the United States'' has the meaning given such term in section 7 of title 18, United States Code. (f) Limitation on Removal.--Section 1445 of title 28, United States Code, is amended by adding at the end the following: ``(d) A civil action in any State court arising under section 2 of the Bias Crimes Compensation Act of 1993 may not be removed to any district court of the United States.''. (g) Authority To Award Attorney's Fee.--Section 722(b) of the Revised Statutes of the United States (42 U.S.C. 1988(b)) is amended by inserting ``section 2 of the Bias Crimes Compensation Act of 1993,'' after ``Public Law 92-318,''.", "summary": "Bias Crimes Compensation Act of 1993 - States that all U.S. individuals shall have the right to be free from bias-motivated crimes of violence (crimes arising from differences in race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability). Creates a Federal civil rights claim against anyone who deprives an individual of such right, with compensatory and punitive damages, and injunctive or declaratory relief. Provides limitations, procedures, and rules of construction, including the limitation that random acts of violence, as opposed to bias-motivated acts, shall not be a basis for such a claim."}
{"article": "SECTION 1. AMENDMENTS TO THE MICROENTERPRISE FOR SELF-RELIANCE ACT OF 2000. (a) Purposes.--Section 103 of the Microenterprise for Self-Reliance Act of 2000 (Public Law 106-309) is amended-- (1) in paragraph (3), by striking ``microentrepreneurs'' and inserting ``microenterprise households''; (2) in paragraph (4), by striking ``and'' at the end; (3) in paragraph (5)-- (A) by striking ``microfinance policy'' and inserting ``microenterprise policy''; (B) by striking ``the poorest of the poor'' and inserting ``the very poor''; and (C) by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(6) to ensure that in the implementation of this title at least 50 percent of all microenterprise assistance under this title, and the amendments made under this title, shall be targeted to the very poor.''. (b) Definitions.--Section 104 of such Act is amended-- (1) in paragraph (2), by striking ``for microentrepreneurs'' and inserting ``to microentrepreneurs and their households''; and (2) by adding at the end the following: ``(5) Very poor.--The term `very poor' means individuals-- ``(A) living in the bottom 50 percent below the poverty line established by the national government of the country in which those individuals live; or ``(B) living on the equivalent of less than $1 per day.''. SEC. 2. AMENDMENTS TO THE MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS PROGRAM UNDER THE FOREIGN ASSISTANCE ACT OF 1961. (a) Findings and Policy.--Section 108(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151f(a)(2)) is amended by striking ``the development of the enterprises of the poor'' and inserting ``the access to financial services and the development of microenterprises''. (b) Program.--Section 108(b) of such Act (22 U.S.C. 2151f(b)) is amended to read as follows: ``(b) Program.--To carry out the policy set forth in subsection (a), the President is authorized to provide assistance to increase the availability of financial services to microenterprise households lacking full access to credit, including through-- ``(1) loans and guarantees to microfinance institutions for the purpose of expanding the availability of savings and credit to poor and low-income households; ``(2) training programs for microfinance institutions in order to enable them to better meet the financial services needs of their clients; and ``(3) training programs for clients in order to enable them to make better use of credit, increase their financial literacy, and to better manage their enterprises to improve their quality of life.''. (c) Eligibility Criteria.--Section 108(c) of such Act (22 U.S.C. 2151f(c)) is amended-- (1) in the first sentence of the matter preceding paragraph (1)-- (A) by striking ``credit institutions'' and inserting ``microfinance institutions''; and (B) by striking ``micro- and small enterprises'' and inserting ``microenterprise households''; and (2) in paragraphs (1) and (2), by striking ``credit'' each place it appears and inserting ``financial services''. (d) Additional Requirement.--Section 108(d) of such Act (22 U.S.C. 2151f(d)) is amended by striking ``micro- and small enterprise programs'' and inserting ``programs for microenterprise households''. (e) Availability of Funds.--Section 108(f)(1) of such Act (22 U.S.C. 2151f(f)(1)) is amended by striking ``for each of fiscal years 2001 and 2002'' and inserting ``for each of fiscal years 2001 through 2004''. (f) Conforming Amendment.--Section 108 of such Act (22 U.S.C. 2151f) is amended in the heading to read as follows: ``SEC. 108. MICROENTERPRISE DEVELOPMENT CREDITS.''. SEC. 3. AMENDMENTS TO THE MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE PROGRAM UNDER THE FOREIGN ASSISTANCE ACT OF 1961. (a) Findings and Policy.--Section 131(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(a)) is amended to read as follows: ``(a) Findings and Policy.--Congress finds and declares that-- ``(1) access to financial services and the development of microenterprise are vital factors in the stable growth of developing countries and in the development of free, open, and equitable international economic systems; ``(2) it is therefore in the best interest of the United States to facilitate access to financial services and assist the development of microenterprise in developing countries; ``(3) access to financial services and the development of microenterprises can be supported by programs providing credit, savings, training, technical assistance, business development services, and other financial and non-financial services; and ``(4) given the relatively high percentage of populations living in rural areas of developing countries, and the combined high incidence of poverty in rural areas and growing income inequality between rural and urban markets, microenterprise programs should target both rural and urban poor.''. (b) Authorization.--Section 131(b) of such Act (22 U.S.C. 2152a(b)) is amended-- (1) in paragraph (3)(A)(i), by striking ``entrepreneurs'' and inserting ``clients''; and (2) in paragraph (4)(D)-- (A) in clause (i), by striking ``very small loans'' and inserting ``financial services to poor entrepreneurs''; and (B) in clause (ii), by striking ``microfinance'' and inserting ``microenterprise''. (c) Monitoring System.--Section 131(c) of such Act (22 U.S.C. 2152a(c)) is amended by striking paragraph (4) and inserting the following: ``(4) adopts the widespread use of proven and effective poverty assessment tools to successfully identify the very poor and ensure that they receive needed microenterprise loans, savings, and assistance.''. (d) Development and Application of Poverty Measurement Methods.-- Section 131 of such Act (22 U.S.C. 2152a) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Development and Certification of Poverty Measurement Methods; Application of Methods.-- ``(1) Development and certification.--(A) The Administrator of the United States Agency for International Development, in consultation with microenterprise institutions and other appropriate organizations, shall develop no fewer than two low-cost methods for partner institutions to use to assess the poverty levels of their current or prospective clients. The United States Agency for International Development shall develop poverty indicators that correlate with the circumstances of the very poor. ``(B) The Administrator shall field-test the methods developed under subparagraph (A). As part of the testing, institutions and programs may use the methods on a voluntary basis to demonstrate their ability to reach the very poor. ``(C) Not later than October 1, 2004, the Administrator shall, from among the low-cost poverty measurement methods developed under subparagraph (A), certify no fewer than two such methods as approved methods for measuring the poverty levels of current or prospective clients of microenterprise institutions for purposes of assistance under this section. ``(2) Application.--The Administrator shall require that, with reasonable exceptions, all organizations applying for microenterprise assistance under this Act use one of the certified methods, beginning no later than October 1, 2005, to determine and report the poverty levels of current or prospective clients.''. (e) Level of Assistance.--Section 131(e) of such Act, as redesignated by subsection (d), is amended by inserting ``and $175,000,000 for fiscal year 2003 and $200,000,000 for fiscal year 2004'' after ``fiscal years 2001 and 2002''. (f) Definitions.--Section 131(f) of such Act, as redesignated by subsection (d), is amended by adding at the end the following: ``(5) Very poor.--The term `very poor' means those individuals-- ``(A) living in the bottom 50 percent below the poverty line established by the national government of the country in which those individuals live; or ``(B) living on less than the equivalent of $1 per day.''. SEC. 4. REPORT TO CONGRESS. (a) In General.--Not later than September 30, 2005, the Administrator of the United States Agency for International Development shall submit to Congress a report that documents the process of developing and applying poverty assessment procedures with its partners. (b) Reports for Fiscal Year 2006 and Beyond.--Beginning with fiscal year 2006, the Administrator of the United States Agency for International Development shall annually submit to Congress on a timely basis a report that addresses the United States Agency for International Development's compliance with the Microenterprise for Self-Reliance Act of 2000 by documenting-- (1) the percentage of its resources that were allocated to the very poor (as defined in paragraph (5) of section 131(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(f)(5))) based on the data collected from its partners using the certified methods; and (2) the absolute number of the very poor reached. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Amends the Microenterprise for Self-Reliance Act of 2000 to make as one of its purposes that in implementation of this Act at least 50 percent of all microenterprise assistance be targeted to the very poor, that is, those persons living either in the bottom 50 percent below the poverty line or on less than the equivalent of one dollar per day. (Sec. 2) Amends the Foreign Assistance Act of 1961 to revise congressional findings and policy with respect to the micro- and small enterprise development credits program to declare that it is in the best interests of the United States to assist the access to financial services and the development of microenterprises in developing countries, and to engage the U.S. private sector in such process. Authorizes the President to provide assistance to increase the availability of financial services (not just credit) to microenterprise households lacking full access to credit, including through: (1) loans and guarantees to microfinance institutions for the purpose of expanding the availability of savings and credit to poor and low-income households; (2) training programs to enable microfinance institutions to better meet the financial services needs of their clients; and (3) training programs to enable clients to make better use of credit, increase their financial literacy, and to better manage their enterprises. Revises program eligibility criteria to require the Administrator of the agency primarily responsible for administering such program to establish criteria for determining which microfinance institutions are eligible to carry out program activities with respect to microenterprise households assisted under this Act. Limits the use of such assistance to support programs for microenterprise households. Authorizes appropriations through FY 2004. (Sec. 3) Revises congressional findings and policy with respect to the microenterprise development grant assistance program to declare that: (1) access to financial services and the development of microenterprise are vital factors in the stable growth of developing countries, and therefore it is in the best interest of the United States to facilitate access to financial services and assist the development of microenterprise in developing countries; (2) access to such services and the development of microenterprises can be supported by programs providing credit, savings, training, technical assistance, business development services, and other financial and non-financial services; and (3) microenterprise programs should target both rural and urban poor given the high percentage of population living, and incidence of poverty, in such areas. Urges the President to continue support for central mechanisms and missions that, among other things, support the development of nonprofit global microfinance networks, including credit union systems, that are able to deliver financial services to poor entrepreneurs through a significant grassroots infrastructure based on market principles, and act as wholesale intermediaries providing a range of services to microenterprise retail institutions. Declares that, in order to maximize the sustainable development impact of microenterprise development grant assistance, the Administrator of the agency primarily responsible for administering such assistance shall establish a monitoring system that, among other things, adopts the widespread use of proven and effective poverty assessment tools to successfully identify the very poor and ensure that they receive needed microenterprise loans, savings, and assistance. Requires the Administrator of the U.S. Agency for International Development (AID) to develop and certify no fewer than two low-cost methods for partner institutions to use to assess the poverty levels of their current or prospective clients for purposes of the provision of microenterprise development grant assistance. Directs the Administrator to require all organizations applying for microenterprise assistance under this Act to use one of the certified methods to determine and report the poverty levels of such clients and to demonstrate their ability to reach the very poor. Authorizes appropriations through FY 2004. (Sec. 4) Directs the Administrator to submit to Congress a report that documents the process of developing and applying poverty assessment procedures with its partners. Directs the Administrator to submit annually to Congress a report that addresses AID's compliance with the Microenterprise for Self-Reliance Act of 2000 by documenting: (1) the percentage of its resources that were allocated to the very poor based on data collected from its partners using the certified methods; and (2) the absolute number of the very poor reached."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Lock-Box Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) fiscal pressures will mount as an aging population increases the Government's obligations to provide retirement income and health services; (2) Social Security surpluses should be reserved for strengthening and preserving the Social Security Trust Funds; and (3) preserving Social Security surpluses would restore confidence in the long-term financial integrity of Social Security. (b) Purpose.--It is the purpose of this Act to prevent the Social Security Trust Funds from being used for any purpose other than providing retirement security. SEC. 3. PROTECTION OF SOCIAL SECURITY TRUST FUNDS. (a) Protection of Social Security.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``lock-box for social security ``Sec. 316. (a) Lock-Box for Social Security.-- ``(1) Concurrent resolutions on the budget.-- ``(A) In general.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or an amendment thereto or conference report thereon, that would set forth totals for any fiscal year with respect to the Social Security Trust Funds that are less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with a current services baseline. ``(B) Exception.--(i) Subparagraph (A) shall not apply to the extent that a violation of such subparagraph would result from an assumption in the resolution, amendment, or conference report, as applicable, of an increase in outlays or a decrease in revenues and disbursements relative to the baseline underlying that resolution for social security reform legislation for any such fiscal year. ``(ii) If a concurrent resolution on the budget, or an amendment thereto or conference report thereon, would be in violation of subparagraph (A) because of an assumption of an increase in outlays or a decrease in revenue relative to the baseline underlying that resolution for social security reform legislation for any such fiscal year, then that resolution shall include a statement identifying any such increase in outlays or decrease in revenues and disbursements. ``(2) Spending and tax legislation.-- ``(A) In general.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if-- ``(i) the enactment of that bill or resolution, as reported; ``(ii) the adoption and enactment of that amendment; or ``(iii) the enactment of that bill or resolution in the form recommended in that conference report, would cause the totals for any fiscal year covered by the most recently agreed to concurrent resolution on the budget with respect to the Social Security Trust Funds to be less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with the current services baseline. ``(B) Exception.--Subparagraph (A) shall not apply to social security reform legislation. ``(b) Enforcement.--For purposes of enforcing any point of order under subsection (a), the totals of the Social Security Trust Funds for a fiscal year shall be the levels set forth in the later of the report accompanying the concurrent resolution on the budget (or, in the absence of such a report, placed in the Congressional Record prior to the consideration of such resolution) or in the joint explanatory statement of managers accompanying such resolution. ``(c) Additional Content of Reports Accompanying Budget Resolutions and of Joint Explanatory Statements.--The report accompanying any concurrent resolution on the budget and the joint explanatory statement accompanying the conference report on each such resolution shall include the levels of the totals in the budget for each fiscal year set forth in such resolution and of the revenues and disbursements in the Social Security Trust Funds. ``(d) Definitions.--As used in this section, the term `social security reform legislation' means a bill or a joint resolution to save social security that includes a provision stating the following: `For purposes of section 316(a) of the Congressional Budget Act of 1974, this Act constitutes social security reform legislation.'. ``(e) Waiver and Appeal.--Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. ``(f) Effective Date.--This section shall cease to have any force or effect upon the enactment of social security reform legislation.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item for section 315 the following: ``Sec. 316. Lock-box for social security.''. SEC. 4. PRESIDENT'S BUDGET. (a) Protection of Social Security.--If the budget of the United States Government submitted by the President under section 1105(a) of title 31, United States Code, recommends totals for any fiscal year with respect to the Social Security Trust Funds that are less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with current services baseline, then it shall include a detailed proposal for social security reform legislation. (b) Effective Date.--Subsection (a) shall cease to have any force or effect upon the enactment of social security reform legislation as defined by section 316(d) of the Congressional Budget Act of 1974.", "summary": "Social Security Lock-Box Act of 2005 - Amends the Congressional Budget Act of 1974 to provide a point of order against consideration of any: (1) budget resolution that sets forth totals for any fiscal year with respect to the Social Security Trust Funds that are less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with a current services baseline; or (2) spending or tax legislation that would cause any totals to be less than the Funds totals for the covered fiscal year. Makes the point of order described in (2) above inapplicable to Social Security reform legislation. Requires any Federal budget submitted by the President that recommends totals for any fiscal year with respect to the Funds that are less than the totals of the Funds for that fiscal year to include a detailed proposal for Social Security reform legislation. Makes this Act inapplicable upon the enactment of such legislation. Defines \"Social Security reform legislation\" as a bill or joint resolution to save Social Security that specifies that it constitutes reform legislation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Trust Fund Integrity Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1)(A) the Budget Enforcement Act of 1990 split the Federal budgeting process into two budget categories, one for receipts and mandatory spending and the other for discretionary spending; and (B) each budget category has its own rules, procedures, and incentives; (2) the taxes deposited into the Highway Trust Fund are in the mandatory category, but most spending from the Highway Trust Fund is in the discretionary category; (3) since the Highway Trust Fund is split between the two budget categories, the link between Highway Trust Fund taxes and transportation spending is severed; and (4) to reestablish the link between the taxes and spending of the Highway Trust Fund, all the components of the Highway Trust Fund should be part of the same budget category and subject to the same budget rules and procedures. SEC. 3. DEFINITION. (a) Balanced Budget and Emergency Deficit Control Act of 1985.-- Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22) Revenue constrained fund.--The term `revenue constrained fund'-- ``(A) means the budget authority, outlays, and receipts of the-- ``(i) the Highway Account of the Highway Trust Fund as established by section 9503 of the Internal Revenue Code of 1986; ``(B) shall not be-- ``(i) considered to be part of any category (as defined in section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(4))) of discretionary appropriations; or ``(ii) subject to sequestration under section 251(a) of the Act (2 U.S.C. 901(a)); and ``(C) shall not be-- ``(i) considered to be part of direct spending (as defined in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8))); or ``(ii) subject to sequestration under section 252(b) of the Act (2 U.S.C. 902(b)).''. (b) Congressional Budget Act of 1974.--Section 3 of the Congressional Budget Act of 1974 (2 U.S.C. 622) is amended by adding at the end thereof the following: ``(11) Revenue constrained fund.--The term `revenue constrained fund' has the meaning given that term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)).''. SEC. 4. BUDGETARY TREATMENT. (a) In General.--Part A of title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following: ``revenue constrained funds ``Sec. 408. It shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, conference report, or other measure if the effect of the measure would have the effect of increasing any specific new budget authority for a fiscal year for a revenue constrained fund above the amount made available by section 251B(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (b) Point of Order.--Subsections (c) and (d) of section 904 of the Congressional Budget Act of 1974 are each amended by inserting after ``306,'' the following: ``408,''. (c) Amendment to Table of Contents.--The table of contents for the Congressional Budget Impoundment Control Act of 1974 is amended by adding at the end of title IV the following: ``Sec. 408. Revenue constrained funds.''. SEC. 5. SEQUESTER. (a) In General.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended by inserting after section 251A the following: ``SEC. 251B. SEQUESTRATION WITH RESPECT TO REVENUE CONSTRAINED FUNDS. ``(a) Budget Authority Limits.--Amounts available from a revenue constrained fund shall be reduced by the amount necessary to eliminate any amount by which budget authority in the budget year from the revenue constrained fund exceed the amount deposited in the revenue constrained fund in the previous fiscal year. ``(b) Amount Available.-- ``(1) Initial estimate.-- ``(A) In general.--On October 1 of each year OMB shall estimate the total amount of revenues deposited into each revenue constrained fund during the previous fiscal year. ``(B) Initial amount available.--An amount equal to 40 percent of the total amount of revenues is estimated to be deposited in a revenue constrained fund under subparagraph (A) shall be available for obligation in the budget year on the date of the estimate under subparagraph (A). ``(2) Final estimate.-- ``(A) In general.--On December 15 of each year OMB shall determine the total amount of revenues deposited into each revenue constrained fund during the previous fiscal year. ``(B) Amount available.--An amount equal to the total amount of revenues determined to be deposited in a revenue constrained fund under subparagraph (A)-- ``(i) shall be the total amount available for obligation in the budget year on the date of the determination under subparagraph (A); and ``(ii) shall replace the amount made available under paragraph (1). ``(c) Look-Back.--If-- ``(1) an appropriation for the fiscal year in progress is enacted that causes a budgetary excess in a revenue constrained fund as described in subsection (a) for that year; or ``(2) errors in the determination made pursuant to subsection (b)(2) cause a budgetary excess in a revenue constrained fund for the fiscal year in progress; the level set forth in subsection (b)(2) for the next fiscal year shall be reduced by the amount of that excess.''. (b) Amendment to Table of Contents.--The table of contents for the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding after the item for section 251A the following: ``Sec. 251B. Sequestration with respect to revenue constrained funds.''. SEC. 5. BUDGETARY IMPACT. (a) Findings and Purpose.-- (1) Findings.--The Congress finds that-- (A) the United States has substantial surface transportation and infrastructure needs; and (B) this Act will result in additional spending from the Highway Account of the Highway Trust Fund to help address these substantial needs. (2) Purpose.--The purpose of this section is to clarify that any budgetary offset necessary because of the additional spending provided by this Act should not come from surface transportation programs. (b) Sequestration.--The budgetary impact of the amendments made by this Act shall not be considered for purposes of sequestration under sections 251 or 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901, 902). (c) Discretionary Spending Limitations.--OMB shall reduce discretionary spending limits for budget authority and outlays in accordance with the Balanced Budget and Emergency Deficit Control Act of 1985 for each applicable fiscal year set forth in section 601(a)(2)-- (1) for budget authority, by an amount equal to the total amount of discretionary budget authority provided from the Highway Account of the Highway Trust Fund in the Department of Transportation and Related Agencies Appropriations Act, 1997; and (2) for outlays, by an amount equal to an estimate of the amount of discretionary outlays that would be expended from the Highway Account of the Highway Trust Fund assuming that the total amount of new budget authority and obligation authority from the Highway Account of the Highway Trust Fund equaled the amounts of new budget authority and obligation authority provided from the Highway Account of the Highway Trust Fund in the Department of Transportation and Related Agencies Appropriations Act, 1997. SEC. 6. STUDY TO ENSURE THAT THE HIGHWAY TRUST FUND IS DEFICIT NEUTRAL. (a) Findings.--The Congress finds the following: (1) It is the policy of the United States Government that the Highway Trust Fund should not contribute to or reduce the Federal Government's annual budget deficit. (2) Under current budgetary scorekeeping conventions used by both the Congressional Budget Office and the Office of Management and Budget, increases in Highway Trust Fund revenue generated by tax increases are partially offset by a reduction in other Federal revenues that is equal to 25 percent of the increase in Highway Trust Fund revenue. (3) This 25 percent offset is a scorekeeping convention that applies to all excise taxes, and is not uniquely applied to Highway Trust Fund taxes. (4) An up-to-date examination of how this offset should be applied to Highway Trust Fund taxes is needed. (b) Report.-- (1) In general.--Not later than 24 months after the date of enactment of this Act, the Secretary of Treasury, in consultation with the Director of the Office of Management and Budget, shall submit a report to Congress on ensuring the deficit neutrality of the Highway Trust Fund. (2) Contents.--In the report, the Secretary shall-- (A) determine the extent to which each of the taxes deposited into the Highway Trust Fund is a deductible expense from other Federal taxes; (B) provide an estimate of the amount of Highway Trust Fund taxes that were deducted from Federal income taxes or other taxes; (C) provide an estimate of the annual revenue loss because Highway Trust Fund taxes are deductible from other Federal taxes; (D) determine the appropriate scorekeeping convention that should apply to Highway Trust Fund taxes, or if needed, separately to each of the taxes now deposited into the Highway Trust Fund; and (E) provide the Congress with policy options that would ensure that changes to the Highway Trust Fund taxes do not contribute to the deficit.", "summary": "Highway Trust Fund Integrity Act of 1997 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and the Congressional Budget Act of 1974 to define \"revenue constrained fund\" (fund) as the budget authority, outlays, and receipts of the Highway Account of the Highway Trust Fund. States that such fund shall not be: (1) considered part of any discretionary funding category or part of direct spending; or (2) subject to sequestration. Amends the Congressional Budget Act of 1974 to prohibit any House of Representatives or Senate measure that would increase fiscal year budget authority for a fund above an amount made available under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to reduce available fund amounts so as not to exceed the previous year's deposited fund amounts. States that any budgetary offset necessary because of additional spending provided by this Act should not come from surface transportation programs. Directs the Secretary of the Treasury to report on ensuring the deficit neutrality of the Highway Trust Fund."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans' Employment, Business Opportunity, and Training Act of 2002''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. TITLE I--EMPLOYMENT SERVICES SEC. 101. DEFINITIONS. As used in this title: (1) The term ``veteran'' has the same meaning as ``eligible veteran'' as defined in section 4211(4) of title 38, United States Code. (2) The term ``eligible person'' means-- (A) the spouse of any person who died of a service- connected disability; (B) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this Act, is listed, pursuant to section 556 of title 37, United States Code, and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days-- (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power; or (C) the spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while a disability so evaluated was in existence. (3) The term ``State'' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, and may include, to the extent determined necessary by the Secretary of Veterans Affairs and feasible for all purposes of this title, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas Islands, and the Trust Territory of the Pacific Islands. (4) The term ``servicemember'' has the same meaning as an individual who is a member of the Armed Forces as defined in section 101(10) of title 38, United States Code, and who is being separated from the Armed Forces within the time periods specified in section 1142(a)(3) of title 10, United States Code. SEC. 102. PURPOSE. In furtherance of the Nation's responsibility toward alleviating unemployment and underemployment among veterans, there shall be established a national performance-based job-search assistance program that-- (1) will provide high-quality, job-search service to veterans, servicemembers, and other eligible persons, focused on assisting such individuals in obtaining and maintaining employment, as well as reducing the duration of individual's unemployment; (2) will assist employers in locating and hiring qualified veterans, servicemembers, and other eligible persons; and (3) will be accessible to veterans, servicemembers, and other eligible persons. The Department of Veterans Affairs would continue to aggressively use web-based technology to provide better service to veterans around the world. SEC. 103. ESTABLISHMENT OF NEW COMPETITIVE GRANTS PROGRAM. (a) Establishment of New Program.--Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a competitive grants program to be referred to as the ``Veterans' Employment, Business Opportunity and Training Program'' (``VEBOT'') through which State Governors or other entities, as may be appropriate, would receive grants for the purpose of providing employment services to veterans, servicemembers, and other eligible persons within each State. The purpose of such program shall be to assist veterans, servicemembers, and other eligible persons in obtaining employment by providing for access to optimal employment opportunities. (b) Implementation of New Program.--The Secretary of Veterans Affairs shall prescribe such regulations as the Secretary considers appropriate to implement the VEBOT program required to be established under this section. Such regulations shall address matters relating to the development and implementation of the program, including-- (1) the determination of eligibility criteria for affected veterans, servicemembers, or other eligible persons, for employment services and other related services that shall be provided; (2) the nature and type of services to be provided; (3) the most appropriate and efficient means to provide such services; (4) the most appropriate means to monitor and assess the performance of entities providing employment services; (5) the manner in which the Department of Veterans Affairs will cooperate with State employment agencies to ensure that veterans continue to have access to the full range of workforce services available through existing State and local one-stop employment-service delivery systems; (6) the manner in which the Department of Veterans Affairs will coordinate with the Department of Labor to ensure that veterans continue to receive priority or other special consideration in the provision of employment services through existing State and local one-stop employment-service delivery systems, as required by law or regulation; and (7) the entity or organization within the Department of Veterans Affairs that will administer the program. In developing the regulations, the Secretary shall take into consideration the recommendations of the task force required to be established under subsection (c) of this section and shall consult with the Secretary of Defense with respect to eligibility criteria affecting servicemembers. (c) Task Force To Be Established; Consultation With Designated Parties.--The Secretary of Veterans Affairs shall establish a task force comprised of at least eleven (but not more than fifteen) members which shall, not later than 180 days from the date of its establishment, make recommendations to the Secretary regarding the matters described in subsection (b) of this section. The task force shall include representatives of veterans service organizations, representatives of employers in private industry or employer organizations, and representatives of State Governors. The Secretary of Labor, the Secretary of Defense, and the Secretary of Transportation shall be ex officio members of the task force. (d) Grants, Program To Be Competitive; Grants To Include Performance Requirements.--The Secretary of Veterans Affairs shall ensure that all services under the VEBOT program are provided through grants awarded either directly or indirectly on a competitive basis and that such grants include appropriate performance requirements with clear outcome measures. States or other entities may join in consortia to provide services to veterans. (e) Performance Measurement.-- (1) Each Governor of a State or other entity receiving funds under a grant authorized by this section shall achieve the performance requirements as agreed in the established provisions for such grant. If unanticipated circumstances arising in a State would adversely affect a grantee's ability to meet its performance requirements, the grantee may request that the Secretary adjust the agreed-to levels of performance. If a grantee fails to meet the agreed-to levels of performance, the Secretary of Veterans Affairs may provide to the grantee assistance in such form as the Secretary may consider appropriate, including training, technical assistance, staff development, and activities replicating those used by other successful grants and projects with demonstrated effectiveness. In the event of continued non-performance, the Secretary may, pursuant to such regulations as the Secretary may prescribe, remove the funds from a grantee and directly or indirectly solicit through a competition a new grantee and service provider. (2) Consistent with State law, the Secretary of Veterans Affairs and States and other entities identified to deliver services under the VEBOT program may utilize wage record information for program performance measurement as prescribed by the Secretary of Veterans Affairs. The Secretary of Labor shall provide assistance to the Secretary of Veterans Affairs in gaining access to wage information for this purpose. (f) Cost Principles.-- (1)(A) Each Governor of a State or other entity receiving funds under this section shall comply with the applicable uniform-cost principles included in the appropriate circulars or directives of the Office of Management and Budget for the type of entity receiving the funds, as well as regulations prescribed by the Secretary of Veterans Affairs. Each grantee shall establish such fiscal controls and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, Federal funds allocated to any provider receiving funds under this section and shall maintain appropriate records in accordance with generally accepted accounting principles applicable in each State. Each grantee shall comply with the appropriate uniform administrative requirements for grants, contracts and agreements applicable for the type of entity receiving funds, as promulgated in circulars or directives of the Office of Management and Budget. (B) If a grantee determines that a service provider acting under a contract or sub-grant is not in compliance with the requirements of this Act, the grantee shall take corrective action either to secure the service provider's prompt compliance or to remove the funds from the service provider for failure to so comply. If the grantee fails to take such corrective action, the Secretary may, pursuant to such regulations as the Secretary may prescribe, remove funds from the grantee and directly or indirectly solicit through a competition a new grantee and service provider. (2) Unless approved by the Secretary of Veterans Affairs, not more than 15 percent of the funds available under this section to each State Governor or other entity may be expended by a service provider and State Governor for costs of administration. The Secretary shall prescribe regulations governing the expenditure of funds for costs of administration under this paragraph. (g) Pilot Projects Authorized.--In connection with the development and implementation of the VEBOT program, the Secretary of Veterans Affairs, during each fiscal year, may reserve up to 25 percent of the total available funding for grants to finance national-level primary services and to create pilot programs and demonstration projects to establish the effectiveness and viability of specific proposed innovative program designs and service delivery systems. SEC. 104. TRANSFER OF RESPONSIBILITY FOR ADMINISTRATION OF CERTAIN EMPLOYMENT SERVICES TO SECRETARY OF VETERANS AFFAIRS. Notwithstanding any other provision of law, during the period beginning on October 1, 2002, and ending on the later of September 30, 2003, or the date upon which regulations prescribed by the Secretary of Veterans Affairs under section 103(b) of this title become effective, responsibilities assigned to the Secretary of Labor under sections 4101 through 4102A (other than responsibilities assigned under section 4102A regarding the purposes of chapters 42 and 43 of title 38, United States Code), sections 4103 through 4108, and section 4110 of title 38, United States Code, shall be assumed by the Secretary of Veterans Affairs, and the function of the Assistant Secretary of Labor for Veterans' Employment and Training in the Department of Labor, as well as such personnel of the Department of Labor as may be deemed necessary to carry out such function, shall be transferred from the Department of Labor to the Department of Veterans Affairs. During that period, the Secretary of Veterans Affairs shall coordinate activities with the Secretary of Labor to facilitate the transfer of functions associated with the administration of employment services provided under chapter 41 of title 38, United States Code, that are conducted by disabled veterans' outreach programs specialists and local veterans' employment representatives. SEC. 105. REPEAL OR AMENDMENT OF EXISTING AUTHORITIES. (a) Repeal of Authorities.--Effective on the later of September 30, 2003, or the date upon which regulations prescribed by the Secretary of Veterans Affairs under section 103(b) of this Act become effective, the following sections are repealed: 4100 through 4104A, 4105(b), 4106 through 4109, and 4110A. (b) Conforming Amendment to Chapter 43 Provision.--Section 4321 is amended by striking out ``(through the Veterans' Employment and Training Service)''. (c) Advisory Committee.--Section 4110 is amended)-- (1) in subsection (a)(1), by striking out ``Department of Labor'' and by inserting in lieu thereof ``Department of Veterans Affairs''; (2) in subsection (a)(2), by inserting ``Department of Veterans Affairs and the'' before ``Department of Labor''; (3) in subsection (b), by striking out ``Secretary of Labor'' and inserting in lieu thereof ``Secretary of Veterans Affairs''; (4) in subsection (c), by striking out ``Labor'' each place it appears and inserting in lieu thereof ``Veterans Affairs''; (5) in subsection (d)-- (A) by striking out ``Secretary of Veterans Affairs'' each place it appears and inserting in lieu thereof ``Secretary of Labor''; (B) by striking out in paragraph (6) ``The Assistant Secretary of Labor for Veterans Employment and Training'' and inserting in lieu thereof ``The official designated by the Secretary of Veterans Affairs to administer the Veterans' Employment, Business Opportunity and Training Program''; (C) by striking out in paragraph (11) ``The Director of the United States Employment Service.'' and inserting in lieu thereof ``A representative of State Governors.''; and (D) by striking out in paragraph (12) ``Secretary of Labor'' and inserting in lieu thereof ``Secretary of Veterans Affairs''; (6) in subsection (e)-- (A) by striking out ``Secretary of Labor'' each place it appears and inserting in lieu thereof ``Secretary of Veterans Affairs''; and (B) by striking out in paragraph (4) ``through the Veterans Employment and Training Service''; (7) in subsection (f)-- (A) by striking out ``Secretary of Labor'' each place it appears and inserting in lieu thereof ``Secretary of Veterans Affairs''; and (B) by striking out ``Department of Labor'' and inserting in lieu thereof ``Department of Veterans Affairs''; and (8) in subsection (g), by striking out ``Secretary of Labor'' and inserting in lieu thereof ``Secretary of Veterans Affairs''. TITLE II--TRANSITION ASSISTANCE SEC. 201. TRANSFER OF RESPONSIBILITY FOR ADMINISTRATION OF TRANSITION ASSISTANCE PROGRAM TO THE SECRETARY OF VETERANS AFFAIRS. Notwithstanding any other provision of law-- (1) references to the ``Secretary of Labor'' in section 1144 of title 10, United States Code, shall be deemed to be references to the Secretary of Veterans Affairs; (2) references to the ``Secretary of Veterans Affairs'' in section 1144 of title 10, United States Code, shall be deemed to be references to the Secretary of Labor; and (3) section 1144(d) of title 10, United States Code, is amended by striking out paragraph (1) and inserting in lieu thereof the following: ``(1) provide, as the case may be, for the use of personnel of grant recipients under section 103(b) of the Veterans' Employment, Business Opportunity, and Training Act of 2002 or such other personnel as the Secretary of Veterans Affairs may determine to be appropriate, to the extent that the Secretary determines that such use will not significantly interfere with the provision of services or other benefits to eligible veterans and other eligible recipients of services or benefits under programs administered by the Secretary.''. TITLE III--HOMELESS VETERANS' REINTEGRATION PROGRAMS SEC. 301. TRANSFER OF RESPONSIBILITY FOR ADMINISTRATION OF HOMELESS VETERANS' REINTEGRATION PROGRAM TO THE SECRETARY OF VETERANS AFFAIRS. Section 2021 is amended-- (1) by striking out ``Secretary of Labor'' each place it appears and inserting in lieu thereof ``Secretary of Veterans Affairs''; and (2) by striking out subsection (c) and redesignating subsection (d) as subsection (c). TITLE IV--EFFECTIVE DATE SEC. 401. EFFECTIVE DATE. Except where provided otherwise, the provisions of this Act shall become effective on October 1, 2002.", "summary": "Veterans' Employment, Business Opportunity, and Training Act of 2002 - Directs the Secretary of Veterans Affairs to establish the Veterans' Employment, Business Opportunity and Training Program through which State governors or other entities receive grants for providing employment services to veterans, servicemembers, and the spouses of certain veterans. Requires the Secretary to ensure that all services under the program are provided through grants awarded on a competitive basis and that such grants include appropriate performance requirements with clear outcome measures. Requires each governor or entity receiving grant funds to: (1) achieve the performance requirements; and (2) comply with applicable uniform-cost principles and regulations prescribed by the Secretary.Transfers from the Secretary of Labor to the Secretary of Veterans Affairs responsibility for the administration of: (1) certain employment services for veterans; (2) a program of furnishing counseling and employment and training assistance to members of the armed forces who are being separated from active duty and their spouses; and (3) the homeless veterans' reintegration program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Rescue and Stabilization Act of 2008''. SEC. 2. EMERGENCY ASSISTANCE FOR THE REDEVELOPMENT OF ABANDONED AND FORECLOSED HOMES. (a) Direct Appropriations.--There is authorized to be appropriated for fiscal year 2008, $10,000,000,000, to remain available until expended, for assistance to States, qualified metropolitan cities, and units of general local government for the redevelopment of abandoned and foreclosed homes. (b) Allocation of Appropriated Amounts.-- (1) Allocation by hud for states.--Any amounts appropriated or otherwise made available pursuant to this section shall be allocated by the Secretary of Housing and Urban Development among the States, and provided to the States, in amounts determined according to the funding formula established pursuant to paragraph (2). (2) Formula for allocation among states.-- (A) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a funding formula under this paragraph. (B) Criteria.--The funding formula under this paragraph shall provide that, of the aggregate amount appropriated or otherwise made available pursuant to this section, the amount allocated for each State shall be the amount that bears the same ratio to such aggregate amount as the number of foreclosures on mortgages for homes occurring in such State during the most recently completed two calendar quarters for which such information is available, as determined by the Secretary, bears to the aggregate number of such foreclosures occurring in all States during such calendar quarters, as such amount is adjusted to account for differences in the States in-- (i) the number and percentage of homes in a State that are financed by a subprime mortgage related loan; (ii) the number and percentage of homes in a State in default or delinquency; and (iii) the median home price in a State. (3) Distribution.--Amounts appropriated or otherwise made available under this section shall be distributed to the States according to the funding formula required under paragraph (2) not later than 30 days after the establishment of such formula. (4) Allocation by states for qualified metropolitan cities.-- (A) Requirement to allocate.--Of any amounts allocated pursuant to this subsection for a State, such State shall allocate for each qualified metropolitan city located in such State an amount, as determined according to the funding formula established pursuant to subparagraph (B). (B) Formula for allocation among states.-- (i) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a funding formula under this subparagraph. (ii) Criteria.--The funding formula under this subparagraph shall provide that, of the aggregate amount allocated pursuant to this subsection for a State, the amount allocated for a qualified metropolitan city located in the State shall be the amount that bears the same ratio to such aggregate amount as the number of foreclosures on mortgages for homes occurring in such qualified metropolitan city during the most recently completed two calendar quarters for which such information is available, as determined by the Secretary, bears to the aggregate number of such foreclosures occurring in such State during such calendar quarters, as such amount is adjusted to account for differences between the qualified metropolitan city in and State in-- (I) the percentage of homes that are financed by a subprime mortgage related loan; (II) the percentage of homes in default or delinquency; and (III) the median home price. (5) Other amounts.--Any amounts allocated for a State that are not allocated for a qualified metropolitan city pursuant to paragraph (4) may be used for any units of general local government in the State. (c) Use of Funds.-- (1) In general.--Any State, qualified metropolitan city, or unit of general local government that receives amounts pursuant to this section shall, not later than 18 months after the receipt of such amounts, use such amounts to redevelop abandoned and foreclosed homes. (2) Priority.--Any State, qualified metropolitan city, or unit of general local government that receives amounts pursuant to this section shall in distributing such amounts give priority emphasis and consideration to those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those-- (A) with the greatest percentage of home foreclosures; (B) with the highest percentage of homes financed by a subprime mortgage related loan; or (C) identified by the State, qualified metropolitan city, or unit of general local government as likely to face a significant rise in the rate of home foreclosures. (3) Eligible uses.-- (A) In general.--Amounts made available under this section may be used only as follows: (i) Financial assistance through institutions and organizations.--To make grants, loans, and other financing mechanisms to community development financial institutions (as such term is defined under section 103(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5))), national intermediaries, and nonprofit housing or community development organizations and others to purchase and rehabilitate homes that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes. (ii) Financing mechanisms for redevelopment.--To establish financing mechanisms for redevelopment of foreclosed upon homes, including such mechanisms as soft- seconds, loan loss reserves, and shared-equity loans for low- and moderate-income homebuyers. (iii) Purchase and rehabilitation for sale or rental.--To purchase and rehabilitate homes that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes. (iv) Land banks.--To establish land banks for homes that have been foreclosed upon. (v) Demolition.--To demolish blighted structures. (vi) Project-based rental assistance.--To provide rental assistance for low- and moderate-income persons (as such term is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) that is attached to single family and multifamily residences. (vii) Project operating reserves.--To provide grants for use to cover the loss of rental assistance or in conjunction with a project loan that is attached to single family and multifamily residences. (viii) Project operating subsidies.--To fund project operating accounts used to cover net operating income shortfalls for single and multifamily residences. Eligible operating costs shall include costs of management, taxes, handling, insurance, and other related costs. (ix) CDBG-eligible activities.--To carry out any activities that, under section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305), are eligible to be carried out with amounts provided under title I of such Act. (B) Limitation.--Any funds used under this section for the purchase of an abandoned or foreclosed upon home shall be at a cost equal to or less than the appraised value of the home based on the most up-to- date appraisal, as such appraisal is defined by the Secretary. (d) Rule of Construction.--Amounts appropriated or otherwise made available to States, qualified metropolitan cities, and units of general local government under this section shall be treated as though such funds were community development block grant funds under title I of the Housing and Community Development Act of 1974. (e) Waiver Authority.-- (1) In general.--In administering any amounts appropriated or otherwise made available under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers (but not including the requirements of this section) in connection with the obligation by the Secretary or the use by the recipient of such funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), in order to expedite or facilitate the use of such funds. (2) Low and moderate income requirement.--Notwithstanding the authority of the Secretary under paragraph (1)-- (A) all of the funds appropriated or otherwise made available under this section shall be used with respect to persons whose incomes do not exceed 120 percent of area median income; and (B) not less than 25 percent of the funds made available under this section to any State, qualified metropolitan city, or unit of general local government shall be used with respect to persons whose incomes do not exceed 30 percent of the area median income. (f) Definitions.--For purposes of this Act, the following definitions shall apply: (1) Qualified metropolitan city.--The term ``qualified metropolitan city'' means a metropolitan city, as such term is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302), that has a population of not less than 200,000, as determined by the 2000 decennial census. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (3) State; unit of general local government.--The terms ``State'' and ``unit of general local government'' have the meanings given such terms in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). (g) Emergency Designation.--The amounts appropriated under this title are designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204 of S . Con. Res. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008.", "summary": "Neighborhood Rescue and Stabilization Act of 2008 - Authorizes for FY2008 appropriations for assistance to states and local governmental units for the redevelopment of abandoned and foreclosed homes. Requires the Secretary of Housing and Urban Development (HUD) to allocate the funds among the states according to a funding formula reflecting the ratio that home mortgage foreclosures occurring in a state bears to the aggregate number of such foreclosures occurring in all states. Requires states to allocate funds to qualified metropolitan cities according to a similar formula. Requires states and local governmental units to give priority to those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those: (1) with the greatest percentage of home foreclosures; (2) with the highest percentage of homes financed by a subprime mortgage related loan; or (3) identified as likely to face a significant rise in the rate of home foreclosures. Cites eligible uses and redevelopment financing mechanisms. Sets forth low- and moderate-income requirements for the use of all funds made available under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Reinvestment and High-Tech Job Creation Act of 1993''. SEC. 2. DEFENSE CONVERSION CREDIT. (a) General Rule.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended-- (1) by striking ``and'' at the end of paragraph (2), (2) by striking the period at the end of paragraph (3) and inserting ``, and'', and (3) by adding at the end thereof the following new paragraph: ``(4) the defense conversion credit.'' (b) Defense Conversion Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Defense Conversion Credit.-- ``(1) In general.--For purposes of section 46, the defense conversion credit for any taxable year is the sum of-- ``(A) the defense conversion employment credit for the taxable year, and ``(B) the defense conversion investment credit for the taxable year. ``(2) Defense conversion employment credit.-- ``(A) In general.--The defense conversion employment credit for any taxable year is 10 percent of the qualified wages paid or incurred by a qualified employer during such year. ``(B) Qualified wages.--For purposes of this subsection-- ``(i) In general.--The term `qualified wages' means the wages (as defined in clause (ii)) paid or incurred by the qualified employer during the taxable year to, and amounts paid or incurred by the qualified employer to third parties for retraining expenses with respect to, qualified conversion employees during the period commencing on July 31, 1993, and ending on December 31, 1995 (`the qualified period'). ``(ii) Wages defined.--Except as provided in subparagraph (C)(ii), the term `wages' has the meaning given to such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section), but the amount of wages during any taxable year which may be taken into account with respect to any individual shall not exceed 25 percent of the wages (determined without regard to this subsection) paid to such individual during such taxable year or portion thereof included within the qualified period. ``(iii) Retraining expenses.--The term `retraining expenses' includes all amounts paid or incurred with respect to educational or training programs in which a qualified conversion employee participates to learn or improve skills necessary or useful to such employee's employment in the qualified employer's nondefense-related business. ``(C) Qualified conversion employees.-- ``(i) In general.--For purposes of this subsection, the term `qualified conversion employees' means an employee of a qualified employer who had been employed by the qualified employer or another employer in a defense- related business and who is employed by the qualified employer in a nondefense-related business during the taxable year. ``(ii) Proration in case of dual employment.--If a qualified conversion employee is employed by the qualified employer in both a defense-related business and a nondefense- related business during the taxable year, only the portion of the employee's wages properly allocable to employment in the nondefense- related business shall be treated as `wages' for purposes of subparagraph (B)(ii). ``(D) Qualified employer.--For purposes of this paragraph, a qualified employer is an employer which is engaged in a qualified business (as defined in paragraph (3)(D)). ``(3) Defense conversion investment credit.-- ``(A) In general.--The defense conversion investment credit for any taxable year is the applicable percentage of the qualified conversion investment by a qualified business during the taxable year. ``(B) Applicable percentage.--For purposes of this paragraph-- ``(i) In general.--The applicable percentage shall be 7 percent for all taxable years ending after December 31, 1992, and on or before December 31, 1994, and shall be 5 percent for all taxable years ending after December 31, 1994, and on or before December 31, 1999. ``(ii) Incremental employment incentive percentage.--The applicable percentage shall be 10 percent for any taxable year ending after December 31, 1992, and on or before December 31, 1994, and shall be 8 percent for any taxable year ending after December 31, 1994, and on or before December 31, 1999, if in such year the number of employees of the qualified business increases 4 percent or more over the average number of employees of the qualified business during the 3 preceding years (the `qualifying increase'). ``(iii) Recapture in case of decreased employment.--If a qualified business claims the benefit of the incremental employment incentive percentage under clause (ii), and its average employment during any of the 3 years following the year in which the benefit of the increased percentage was claimed falls below the qualifying increase level (a `disqualifying decrease'), the qualified business shall increase its tax liability for the year during which the disqualifying decrease occurred by the difference between the credit to which it would have been entitled under clause (i) and the credit claimed under clause (ii). ``(C) Qualified conversion investment.--For purposes of this paragraph-- ``(i) In general.--The term `qualified conversion investment' means the costs paid or incurred by a qualified business during the taxable year for the purpose of acquiring, constructing, creating, or developing any tangible or intangible assets, in connection with the conduct of the qualified business' nondefense-related business, except that such term shall not include direct production costs of any property held by the qualified business for sale to customers in the ordinary course of its trade or business. ``(ii) Intangible assets.--The term `intangible assets' includes all `intangible property' as defined in section 936(h)(3)(B) (other than literary, musical or artistic compositions) and specifically includes processes and products, models, and prototypes. ``(D) Qualified business.--For purposes of this subsection and pursuant to regulations to be prescribed by the Secretary-- ``(i) In general.--The term `qualified business' means any corporation, partnership, or sole proprietorship or separate unit thereof in existence on January 1, 1993, which derived a substantial portion of its gross receipts or incurred a substantial portion of its gross costs during the 5 years preceding January 1, 1993, from 1 or more defense-related businesses, and which derives a significant portion of its gross receipts from (or incurs a significant amount of costs in acquiring or developing) 1 or more nondefense-related businesses during the taxable year. ``(ii) Defense-related business.--A `defense-related business' is an activity in connection with the development or production (pursuant to a contract or subcontract) of any property designed, modified, or equipped for military purposes (including NASA). ``(iii) Nondefense-related business.--A `nondefense-related business' is any activity in connection with the development or production of any property not designed, modified, or equipped for military purposes which uses a significant portion of assets and employees which had been employed in a defense- related business.'' (c) Accelerated Depreciation of Excess Defense Conversion Property.-- (1) Subsection (b)(3) of section 168 of such Code is amended by adding at the end thereof the following new subparagraph: ``(F) Property described in subsection (e)(3)(B)(vii).'' (2) Subsection (e)(3)(B) of section 168 of such Code is amended by striking ``and'' at the end of clause (v), by striking the period at the end of clause (vi) and inserting ``, and'', and by adding at the end thereof the following new clause: ``(vii) any qualifying excess defense conversion property.'' (3) Subsection (i) of section 168 of such Code is amended by adding at the end thereof the following new paragraph: ``(14) Qualifying excess defense conversion property.-- ``(A) The term `qualifying excess defense conversion property' means, with respect to property owned or leased by the taxpayer and otherwise subject to depreciation under this section and which is `excess defense conversion property' (as defined in subparagraph (B)), the basis of property (or the portion thereof) constituting excess defense conversion property owned by the taxpayer or the total discounted cost of lease obligations during the remaining term of the lease applicable to excess conversion property leased by the taxpayer. ``(B) The term `excess defense conversion property' means property that-- ``(i) has been used by the taxpayer in a defense-related business (as defined in section 48(c)(3)(D)); and ``(ii) is not being used in the taxable year, and is not reasonably expected to be used in the foreseeable future, in a defense-related business. ``(C) Any deductions claimed by a taxpayer with respect to property reported on its return as qualifying excess defense conversion property and which is later determined as not constituting excess defense conversion property shall be recaptured at the rate of 150 percent of the deductions so claimed. ``(D) For purposes of this section, the amount of the property's basis constituting qualifying excess defense conversion property shall be considered to be placed in service on the first day of the taxable year in which the property is determined to constitute qualifying excess defense conversion property.'' (d) Effective Date.--The amendments made by this section shall take effect on July 31, 1993.", "summary": "Defense Reinvestment and High-Tech Job Creation Act of 1993 - Amends the Internal Revenue Code to allow a tax credit for defense conversion equal to the defense conversion employment credit (ten percent of wages paid by an employer) and the defense conversion investment credit (applicable percentage of a qualified business investment). Makes qualified excess defense conversion property eligible for the straight-line depreciation method and classifies it as five-year depreciable property."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community-Based Mental Health Infrastructure Improvements Act''. SEC. 2. COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENT. Title V of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``PART H--COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENTS ``SEC. 560. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENTS. ``(a) Grants Authorized.--The Secretary may award grants to eligible entities to expend funds for the construction or modernization of facilities used to provide mental health and behavioral health services to individuals. ``(b) Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a State that is the recipient of a Community Mental Health Services Block Grant under subpart I of part B of title XIX and a Substance Abuse Prevention and Treatment Block Grant under subpart II of such part; or ``(2) an Indian tribe or a tribal organization (as such terms are defined in sections 4(b) and 4(c) of the Indian Self- Determination and Education Assistance Act). ``(c) Application.--A eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing-- ``(1) a plan for the construction or modernization of facilities used to provide mental health and behavioral health services to individuals that-- ``(A) designates a single State or tribal agency as the sole agency for the supervision and administration of the grant; ``(B) contains satisfactory evidence that such agency so designated will have the authority to carry out the plan; ``(C) provides for the designation of an advisory council, which shall include representatives of nongovernmental organizations or groups, and of the relevant State or tribal agencies, that aided in the development of the plan and that will implement and monitor any grant awarded to the eligible entity under this section; ``(D) in the case of an eligible entity that is a State, includes a copy of the State plan under section 1912(b) and section 1932(b); ``(E)(i) includes a listing of the projects to be funded by the grant; and ``(ii) in the case of an eligible entity that is a State, explains how each listed project helps the State in accomplishing its goals and objectives under the Community Mental Health Services Block Grant under subpart I of part B of title XIX and the Substance Abuse Prevention and Treatment Block Grant under subpart II of such part; ``(F) includes assurances that the facilities will be used for a period of not less than 10 years for the provision of community-based mental health or substance abuse services for those who cannot pay for such services, subject to subsection (e); and ``(G) in the case of a facility that is not a public facility, includes the name and executive director of the entity who will provide services in the facility; and ``(2) with respect to each construction or modernization project described in the application-- ``(A) a description of the site for the project; ``(B) plans and specifications for the project and State or tribal approval for the plans and specifications; ``(C) assurance that the title for the site is or will be vested with either the public entity or private nonprofit entity who will provide the services in the facility; ``(D) assurance that adequate financial resources will be available for the construction or major rehabilitation of the project and for the maintenance and operation of the facility; ``(E) estimates of the cost of the project; and ``(F) the estimated length of time for completion of the project. ``(d) Subgrants by States.-- ``(1) In general.--A State that receives a grant under this section may award a subgrant to a qualified community program (as such term is used in section 1913(b)(1)). ``(2) Use of funds.--Subgrants awarded pursuant to paragraph (1) may be used for activities such as-- ``(A) the construction, expansion, and modernization of facilities used to provide mental and behavioral health services to individuals; ``(B) acquiring and leasing facilities and equipment (including paying the costs of amortizing the principal of, and paying the interest on, loans for such facilities and equipment) to support or further the operation of the subgrantee; and ``(C) the construction and structural modification (including equipment acquisition) of facilities to permit the integrated delivery of behavioral health and primary care of specialty medical services to individuals with co-occurring mental illnesses and chronic medical or surgical diseases at a single service site. ``(e) Request To Transfer Obligation.--An eligible entity that receives a grant under this section may submit a request to the Secretary for permission to transfer the 10-year obligation of facility use, as described in subsection (c)(1)(F), to another facility. ``(f) Agreement to Federal Share.--As a condition of receipt of a grant under this section, an eligible entity shall agree, with respect to the costs to be incurred by the entity in carrying out the activities for which such grant is awarded, that the entity will make available non-Federal contributions (which may include State or local funds, or funds from the qualified community program) in an amount equal to not less than $1 for every $1 of Federal funds provided under the grant. ``(g) Reporting.-- ``(1) Reporting by states.--During the 10-year period referred to in subsection (c)(1)(F), the Secretary shall require that a State that receives a grant under this section submit, as part of the report of the State required under the Community Mental Health Services Block Grant under subpart I of part B of title XIX and the Substance Abuse Prevention and Treatment Block Grant under subpart II of such part, a description of the progress on-- ``(A) the projects carried out pursuant to the grant under this section; and ``(B) the assurances that the facilities involved continue to be used for the purpose for which they were funded under such grant during such 10-year period. ``(2) Reporting by indian tribes and tribal organizations.--The Secretary shall establish reporting requirements for Indian tribes and tribal organizations that receive a grant under this section. Such reporting requirements shall include that such Indian tribe or tribal organization provide a description of the progress on-- ``(A) the projects carried out pursuant to the grant under this section; and ``(B) the assurances that the facilities involved continue to be used for the purpose for which they were funded under such grant during the 10-year period referred to in subsection (c)(1)(F). ``(h) Failure To Meet Obligations.-- ``(1) In general.--If an eligible entity that receives a grant under this section fails to meet any of the obligations of the entity required under this section, the Secretary shall take appropriate steps, which may include-- ``(A) requiring that the entity return the unused portion of the funds awarded under this section for the projects that are incomplete; and ``(B) extending the length of time that the entity must ensure that the facility involved is used for the purposes for which it is intended, as described in subsection (c)(1)(F). ``(2) Hearing.--Prior to requesting the return of the funds under paragraph (1)(B), the Secretary shall provide the entity notice and opportunity for a hearing. ``(i) Collaboration.--The Secretary may establish intergovernmental and interdepartmental memorandums of agreement as necessary to carry out this section. ``(j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009 through 2012.''.", "summary": "Community-Based Mental Health Infrastructure Improvements Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to eligible entities for the construction or modernization of facilities to provide mental health and behavioral health services to individuals. Defines an \"eligible entity\" as: (1) a state that is the recipient of a Community Mental Health Services Block Grant and a Substance Abuse Prevention and Treatment Block Grant under such Act; or (2) an Indian tribe or a tribal organization. Includes among grant application requirements assurances that facilities will be used for not less than 10 years for community-based mental health or substance abuse services for those who cannot pay for such services. Permits a grant recipient to request permission to transfer such 10-year obligation to another facility. Authorizes a state that receives a grant to award a subgrant to a qualified community program for activities such as: (1) the construction, expansion, and modernization of mental and behavioral health facilities; and (2) the construction and structural modification of facilities to permit the integrated delivery of behavioral health and primary care of specialty medical services to individuals with co-occurring mental illnesses and chronic medical or surgical diseases at a single service site. Requires a grant recipient to agree to make available nonfederal contributions matching federal funds provided."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Recovery Through Responsible Homeownership Act of 2009''. SEC. 2. REFUNDABLE CREDIT FOR RESIDENCES PURCHASED DURING 2009 OR 2010. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36 the following new section: ``SEC. 36A. GENERAL HOMEBUYER CREDIT FOR RESIDENCES PURCHASED DURING 2009 OR 2010. ``(a) Allowance of Credit.--In the case of an individual who makes an eligible purchase during the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to so much of the purchase price as does not exceed the applicable amount. ``(b) Applicable Amount.--For purposes of subsection (a), the applicable amount is-- ``(1) $10,000 in the case of an eligible purchase where the down payment is at least 15 percent of the purchase price, ``(2) $5,000 in the case of an eligible purchase where the down payment is at least 10 percent of the purchase price, ``(3) $2,000 in the case of an eligible purchase where the down payment is at least 5 percent of the purchase price, and ``(4) zero in any other case. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible purchase.--The term `eligible purchase' means the purchase of a residence for the taxpayer if-- ``(A) such residence is located in the United States, ``(B) the construction of such residence began before 2009, and ``(C) such purchase is made by the taxpayer during 2009 or 2010. ``(2) Other definitions.--The terms `purchase' and `purchase price' have the respective meanings given such terms by section 26(c). ``(d) Exceptions.--No credit shall be allowed under subsection (a) to any taxpayer for any taxable year with respect to the purchase of a residence if-- ``(1) credit under section 36 (relating to first-time homebuyer credit) or 1400C (relating to first-time homebuyer in the District of Columbia) is allowed to the taxpayer (or the taxpayer's spouse) for such taxable year or any prior taxable year, ``(2) the residence is financed by the proceeds of a qualified mortgage issue the interest on which is exempt from tax under section 103, ``(3) the taxpayer is a nonresident alien, or ``(4) the taxpayer disposes of such residence (or such residence ceases to be a residence of the taxpayer (or, if married, the taxpayer's spouse)) before the close of such taxable year. ``(e) Other Rules To Apply.-- ``(1) Related persons.--Rules similar to the rules of section 26(c)(5) shall apply for purposes of this section. ``(2) Married individuals filing separate returns, etc.-- Rules similar to the rules of subparagraphs (B) and (C) of section 26(b)(1) shall apply for purposes of this section. ``(3) Reporting.--Rules similar to the rules of section 26(e) shall apply for purposes of this section. ``(f) Recapture of Credit.--Rules similar to the rules of section 26(f) shall apply for purposes of this section, except that-- ``(1) paragraph (1) thereof shall be applied by substituting `33\\1/3\\ percent' for `6\\2/3\\ percent', and ``(2) paragraph (7) thereof shall be applied by substituting `3 years' for `15 years'.''. (b) Conforming Amendments.-- (1) Section 26(b)(2) of such Code is amended-- (A) in subparagraph (W)-- (i) by striking ``homebuyer credit'' and inserting ``first-time homebuyer credit'', and (ii) by striking ``and'', (B) by striking the period at the end of subparagraph (X) and inserting ``, and'', and (C) by inserting after subparagraph (X) the following new subparagraph: ``(Y) section 36A(f) (relating to recapture of general homebuyer credit)''. (2) Section 6211(b)(4)(A) of such Code is amended by inserting ``36A,'' after ``36,''. (3) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36A,'' after ``36,''. (4) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36 the following new item: ``Sec. 36A. General homebuyer credit for residences purchased during 2009 or 2010.''. (c) Effective Date.--The amendments made by this section shall apply to residences purchased after December 31, 2008, in taxable years ending after such date.", "summary": "Economic Recovery Through Responsible Homeownership Act of 2009 - Amends the Internal Revenue Code to allow an individual taxpayer a refundable tax credit for the purchase in 2009 or 2010 of a residence located in the United States if the construction of such residence began before 2009. Allows a credit of either $2,000, $5,000, or $10,000 for downpayments of 5, 10, or 15% of the residence's purchase price respectively."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Census Participation Enhancement Act of 1999''. SEC. 2. DEFINITIONS. (a) 2000 Census.--The term ``2000 census'' means the 2000 decennial census of population. (b) Bureau.--The term ``Bureau'' means the Bureau of the Census. (c) Indian Tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (d) Indian Lands.--For purposes of this title, the term ``Indian lands'' shall include lands within the definition of ``Indian country'', as defined in 18 U.S.C. 1151; or ``Indian reservations'' as defined in section 3(d) of the Indian Financing Act of 1974, 25 U.S.C. 1452(d), or section 4(10) of the Indian Child Welfare Act, 25 U.S.C. 1903(10). For purposes of this definition, such section 3(d) of the Indian Financing Act of 1974 shall be applied by treating the term ``former Indian reservations in Oklahoma'' as including only those lands which are within the jurisdictional area of an Oklahoma Indian Tribe (as determined by the Secretary of the Interior) and are recognized by such Secretary as eligible for trust land status under 25 CFR part 151 (as in effect on the date of enactment of this sentence). (e) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (f) Tribal Organization.--The term ``tribal organization'' has the meaning given that term by section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). SEC. 3. FINDINGS AND PURPOSES. The Congress finds that-- (1) article I of the United States Constitution provides that an enumeration be taken of the United States population every 10 years to permit the apportionment of Representatives and for other purposes; (2) information collected through the decennial census is used to determine-- (A) the boundaries of congressional districts within States; (B) the boundaries of the districts for the legislature of each State and the boundaries of other political subdivisions within the States; and (C) the allocation of billions of dollars of Federal and State funds; (3) the enumeration of Native Americans has not been accurate and has led to an undercounting of the Native American population living on Indian lands and in rural areas; (4) the United States has a legal obligation to conduct an enumeration of the census in all communities in the United States, including Native communities; and (5) Tribal governments and Native Americans have an obligation to answer the census and ensure they are represented in the census. TITLE I--GRANTS TO TRIBES AND ORGANIZATIONS SECTION 1. PROGRAM AUTHORIZATION. In order to improve Native American participation in the 2000 census, the Secretary may, in accordance with the provisions of this Act, provide for grants to be made to Indian tribes and tribal organizations, consistent with the purposes of this Act. SEC. 2. APPLICATIONS. (a) Applications Required.--Each entity referred to in section 2 that wishes to receive a grant under this Act shall submit an application at such time, in such form, and complete with such information as the Secretary shall by regulation require, except that any such application shall include at least-- (1) a statement of the objectives for which the grant is sought; and (2) a description of the types of programs and activities for which the grant is sought. (b) Notice of Approval or Disapproval.--Each entity submitting an application under subsection (a) shall, not later than 60 days after the date of its submission, be notified in writing as to whether such application is approved or disapproved. SEC. 3. MATCHING REQUIREMENT. (a) In General.--A grant may not be made to an entity under this Act unless such entity agrees, with respect to the costs to be incurred by such entity in carrying out the programs an activities for which the grant is made, to make available non-Federal contributions in an amount equal to not less than 50 percent of the Federal funds provided under the grant. (b) Non-Federal Contributions.--An entity receiving a grant under this Act may meet the requirement under subsection (a) through-- (1) the use of amounts from non-Federal sources; or (2) in-kind contributions, fairly evaluated, but only if and to the extent allowable under section 9. SEC. 4. ALLOCATION. The Secretary shall allocate the amounts appropriated to carry out this Act equitably and in a manner that best achieves the purposes of this Act. SEC. 5. USE OF GRANT FUNDS. A grant made under this Act may be used only for one or more of the following: (1) To train volunteers to assist individuals residing on Indian lands to complete and return census questionnaires. (2) To educate Native American and the public about the importance of participating in the 2000 census. (3) To educate Native Americans and the public about the confidentiality that is accorded to information collected in the 2000 census. (4) To recruit candidates to apply for census office and field enumerator positions. (5) To sponsor community events to promote the 2000 census. (6) To produce community-tailored promotional materials. (7) To rent space to provide any of the training described in this section. SEC. 6. REGULATIONS. Any regulations to carry out this Act shall be prescribed not later than 60 days after the date of enactment of this Act. The regulations shall include-- (1) provisions requiring that any application for a grant under this Act be submitted to the appropriate regional center or area office of the Bureau of the Census, as identified under the regulations; and (2) provisions under which the decision to approve or disapprove any such application shall be made by the head of the appropriate center or office in accordance with guidelines set forth in the regulations. TITLE II--RECRUITMENT OF TEMPORARY EMPLOYEES SECTION 1. RECRUITING TEMPORARY EMPLOYEES. (a) Compensation Shall Not Be Taken Into Account.--Section 23 of title 13, United States Code, is amended by adding at the end the following: ``(d)(1) As used in this subsection, the term `temporary census position' shall mean a temporary position within the Bureau, established for purposes related to the 2000 census, as determined under regulations which the Secretary shall prescribe. ``(2) Notwithstanding any other provision of law, the earning or receipt by an individual of compensation for service performed by such individual in a temporary census position shall not have the effect of causing-- ``(A) such individual or any other individual to become eligible for any benefits described in paragraph (3)(A); or ``(B) a reduction in the amount of any benefits described in paragraph (3)(A) for which such individual or any other individual would otherwise be eligible. ``(3) This subsection-- ``(A) shall apply with respect to benefits provided under any Federal program or under any State, tribal or local program financed in whole or in part with Federal funds; ``(B) shall apply only with respect to compensation for service performed during calendar year 2000; and ``(C) shall not apply if the individual performing the service involved was first appointed to a temporary census position (whether such individual's then current position or a previous one) before January 1, 2000.''. (2) Nothing in the amendment made by paragraph (1) shall be considered to apply with respect to Public Law 101-86 or the Internal Revenue Code of 1986. (b) Reemployed Annuitants and Former Members of the Uniformed Services.--Public Law 101-86 (13 U.S.C. 23) is amended-- (1) in section 1(b) and the long title by striking ``the 1990 decennial census'' and inserting ``the 2000 decennial census''; and (2) in section 4 by striking ``December 31, 1990'' and inserting December 31, 2000''. SECTION 2. CENSUS ASSISTANTS. (a) In General.--Subject to available appropriations, and after consulting with Indian tribes, the Secretary may provide such reasonable and appropriate incentives to facilitate and encourage volunteers to assist in the enumeration of Native Americans. (b) Reimbursements.--In his discretion, the Secretary may reimburse volunteers for fuel and mileage expenses; meals and related expenses; and other reasonable and necessary expenses incurred by assistants in the conduct of the Census. (c) Debt Relief.--In consultation with the Secretary of the Treasury, the Secretary shall develop and implement a program of undergraduate or graduate debt relief for those Census assistants that have provided significant service in the conduct of the enumeration of the Census.", "summary": "(Sec. 3) Requires: (1) grant applications to include at least a statement of objectives, and a description of the programs and activities, for which the grant is sought; and (2) grant applicants to agree to make available non-Federal contributions in an amount equal to 50 percent of the Federal funds provided under the grant. (Sec. 4) Directs the Secretary to allocate the amounts appropriated to carry out this Act equitably and in a manner that best achieves the purposes of this Act. (Sec. 5) Allows a grant to be used only to: (1) train volunteers to assist individuals residing on Indian lands to complete and return census questionnaires; (2) educate Native Americans and the public about the importance of participating in the 2000 census and the confidentiality that is accorded to information collected; (3) recruit candidates to apply for census office and field enumerator positions; (4) sponsor community events to promote the 2000 census; (5) produce community-tailored promotional materials; or (6) rent space to provide any such training. Title II: Recruitment of Temporary Employees - Prohibits the earning or receipt of compensation for service performed by an individual in a temporary census position (a temporary position within the Bureau of the Census established for purposes relating to the 2000 decennial census of population) from having the effect of causing: (1) such individual or any other individual to become ineligible for any benefits provided under any Federal program or any State, tribal, or local program financed with Federal funds; or (2) a reduction in the amount of any such benefits for which such individual or any other individual would otherwise be eligible. Makes such requirement applicable only with respect to compensation for service performed during calendar year 2000. Prohibits the application of such requirement if the individual performing the service involved was first appointed to such position (whether such individual's then current position or a previous one) before January 1, 2000. Modifies Federal law regarding exemptions from certain provisions relating to offsets from pay and other benefits for reemployed annuitants and former uniformed service members to make such law: (1) applicable to service in any temporary position within the Bureau established for purposes relating to the 2000 decennial census; and (2) inapplicable to any service performed after December 31, 2000. Allows the Secretary to provide such reasonable and appropriate incentives to facilitate and encourage volunteers to assist in the enumeration of Native Americans and reimburse them for reasonable and necessary expenses incurred by assistants in conducting the Census. Directs the Secretary to develop and implement a program of undergraduate or graduate debt relief for those Census assistants that have provided significant service."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Mexico Transboundary Aquifer Assessment Act''. SEC. 2. PURPOSE. The purpose of this Act is to direct the Secretary of the Interior to establish a United States-Mexico transboundary aquifer assessment program to-- (1) systematically assess priority transboundary aquifers; and (2) provide the scientific foundation necessary for State and local officials to address pressing water resource challenges in the United States-Mexico border region. SEC. 3. DEFINITIONS. In this Act: (1) Aquifer.--The term ``aquifer'' means a subsurface water-bearing geologic formation from which significant quantities of water may be extracted. (2) Border state.--The term ``Border State'' means each of the States of Arizona, California, New Mexico, and Texas. (3) Indian tribe.--The term ``Indian tribe'' means an Indian tribe, band, nation, or other organized group or community-- (A) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and (B) the reservation of which includes a transboundary aquifer within the exterior boundaries of the reservation. (4) Priority transboundary aquifer.--The term ``priority transboundary aquifer'' means a transboundary aquifer that has been designated for study and analysis under the program. (5) Program.--The term ``program'' means the United States- Mexico transboundary aquifer assessment program established under section 4(a). (6) Reservation.--The term ``reservation'' means land that has been set aside or that has been acknowledged as having been set aside by the United States for the use of an Indian tribe, the exterior boundaries of which are more particularly defined in a final tribal treaty, agreement, executive order, Federal statute, secretarial order, or judicial determination. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (8) Transboundary aquifer.--The term ``transboundary aquifer'' means an aquifer that underlies the boundary between the United States and Mexico. (9) Tri-regional planning group.--The term ``Tri-Regional Planning Group'' means the binational planning group comprised of-- (A) the Junta Municipal de Agua y Saneamiento de Ciudad Juarez; (B) the El Paso Water Utilities Public Service Board; and (C) the Lower Rio Grande Water Users Organization. (10) Water resources research institutes.--The term ``water resources research institutes'' means the institutes within the Border States established under section 104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303). SEC. 4. ESTABLISHMENT OF PROGRAM. (a) In General.--The Secretary, in consultation and cooperation with the Border States, the water resources research institutes, Sandia National Laboratories, and other appropriate entities in the United States and Mexico, shall carry out the United States-Mexico transboundary aquifer assessment program to characterize, map, and model transboundary groundwater resources along the United States- Mexico border at a level of detail determined to be appropriate for the particular aquifer. (b) Objectives.--The objectives of the program are to-- (1) develop and implement an integrated scientific approach to assess transboundary groundwater resources, including-- (A)(i) identifying fresh and saline transboundary aquifers; and (ii) prioritizing the transboundary aquifers for further analysis by assessing-- (I) the proximity of the transboundary aquifer to areas of high population density; (II) the extent to which the transboundary aquifer is used; (III) the susceptibility of the transboundary aquifer to contamination; and (IV) any other relevant criteria; (B) evaluating all available data and publications as part of the development of study plans for each priority transboundary aquifer; (C) creating a new, or enhancing an existing, geographic information system database to characterize the spatial and temporal aspects of each priority transboundary aquifer; and (D) using field studies, including support for and expansion of ongoing monitoring and metering efforts, to develop-- (i) the additional data necessary to adequately define aquifer characteristics; and (ii) scientifically sound groundwater flow models to assist with State and local water management and administration, including modeling of relevant groundwater and surface water interactions; (2) expand existing agreements, as appropriate, between the United States Geological Survey, the Border States, the water resources research institutes, and appropriate authorities in the United States and Mexico, to-- (A) conduct joint scientific investigations; (B) archive and share relevant data; and (C) carry out any other activities consistent with the program; and (3) produce scientific products for each priority transboundary aquifer that-- (A) are capable of being broadly distributed; and (B) provide the scientific information needed by water managers and natural resource agencies on both sides of the United States-Mexico border to effectively accomplish the missions of the managers and agencies. (c) Designation of Priority Transboundary Aquifers.-- (1) In general.--For purposes of the program, the Secretary shall designate as priority transboundary aquifers-- (A) the Hueco Bolson and Mesilla aquifers underlying parts of Texas, New Mexico, and Mexico; (B) the Santa Cruz River Valley aquifers underlying Arizona and Sonora, Mexico; and (C) the San Pedro aquifers underlying Arizona and Sonora, Mexico (2) Additional aquifers.--The Secretary shall, using the criteria under subsection (b)(1)(A)(ii), evaluate and designate additional priority transboundary aquifers. (d) Cooperation With Mexico.--To ensure a comprehensive assessment of transboundary aquifers, the Secretary shall, to the maximum extent practicable, work with appropriate Federal agencies and other organizations to develop partnerships with, and receive input from, relevant organizations in Mexico to carry out the program. (e) Grants and Cooperative Agreements.--The Secretary may provide grants or enter into cooperative agreements and other agreements with the water resources research institutes and other Border State entities to carry out the program. SEC. 5. IMPLEMENTATION OF PROGRAM. (a) Coordination With States, Tribes, and Other Entities.--The Secretary shall coordinate the activities carried out under the program with-- (1) the appropriate water resource agencies in the Border States; (2) any affected Indian tribes; and (3) any other appropriate entities that are conducting monitoring and metering activity with respect to a priority transboundary aquifer. (b) New Activity.--After the date of enactment of this Act, the Secretary shall not initiate any new field studies or analyses under the program before consulting with, and coordinating the activity with, any Border State water resource agencies that have jurisdiction over the aquifer. (c) Study Plans; Cost Estimates.-- (1) In general.--The Secretary shall work closely with appropriate Border State water resource agencies, water resources research institutes, and other relevant entities to develop a study plan, timeline, and cost estimate for each priority transboundary aquifer to be studied under the program. (2) Requirements.--A study plan developed under paragraph (1) shall, to the maximum extent practicable-- (A) integrate existing data collection and analyses conducted with respect to the priority transboundary aquifer; (B) if applicable, improve and strengthen existing groundwater flow models developed for the priority transboundary aquifer; and (C) be consistent with appropriate State guidelines and goals. SEC. 6. EFFECT. Nothing in this Act affects-- (1) the jurisdiction or responsibility of a Border State with respect to managing surface or groundwater resources in the Border State; or (2) the water rights of any person or entity using water from a transboundary aquifer. SEC. 7. REPORTS. Not later than 5 years after the date of enactment of this Act, and on completion of the program in fiscal year 2014, the Secretary shall submit to the appropriate water resource agency in the Border States, an interim and final report, respectively, that describes-- (1) any activities carried out under the program; (2) any conclusions of the Secretary relating to the status of transboundary aquifers; and (3) the level of participation in the program of entities in Mexico. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $50,000,000 for the period of fiscal years 2006 through 2015. (b) Distribution of Funds.--Of the amounts made available under subsection (a), 50 percent shall be made available to the water resources research institutes to provide funding to appropriate entities in the Border States (including Sandia National Laboratories, State agencies, universities, the Tri-Regional Planning Group, and other relevant organizations) and Mexico to conduct activities under the program, including the binational collection and exchange of scientific data.", "summary": "United States-Mexico Transboundary Aquifer Assessment Act - Establishes a United States-Mexico transboundary aquifer assessment program to characterize, map, and model groundwater resources along the border. Describes as the program's objectives to: (1) develop an integrated approach to assess transboundary groundwater resources, including identifying fresh and saline aquifers, prioritizing the aquifers for further analysis, and creating a geographic information system database for each priority aquifer; (2) expand existing agreements between the U.S. Geological Survey, the Border States (Arizona, California, New Mexico, and Texas), the Water Resources Research Institutes, and appropriate U.S. and Mexican authorities to conduct joint scientific investigations and archive and share relevant data; and (3) produce scientific products for each priority aquifer to provide water managers and natural resource agencies with necessary information. Designates as priority transboundary aquifers the: (1) Hueco Bolson and Mesilla aquifers; (2) Santa Cruz River Valley aquifers; and (3) San Pedro aquifers. Requires the Secretary of the Interior to: (1) develop partnerships with relevant organizations in Mexico; and (2) coordinate activities with water resource agencies in the Border States and affected Indian tribes. Prohibits the Secretary from initiating any field studies before consulting and coordinating with the Border State water resource agency with jurisdiction over the aquifer. Authorizes the Secretary to make grants and enter into cooperative agreements with water resource agencies and Border States to carry out the program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Opportunities for Rural Economic Expansion Act'' or the ``CORE Act''. SEC. 2. ADDITIONAL NEW MARKETS TAX CREDIT FOR DISTRESSED COAL COMMUNITIES. (a) In General.--Section 45D(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Set aside of portion of limitation for distressed coal communities.-- ``(A) In general.--For any calendar year after 2016, not less than 5 percent of the new markets tax credit limitation shall be allocated to qualified community development entities in connection with qualified investments the proceeds of which are substantially used to make qualified coal community investments. ``(B) Qualified coal community investment.--For purposes of this paragraph-- ``(i) In general.--The term `qualified coal community investment' means-- ``(I) any capital or equity investment in, or loan to, any qualified active distressed coal community business, ``(II) the purchase from another community development entity of any loan made by such entity which is a qualified coal community investment, ``(III) financial counseling and other services specified in regulations prescribed by the Secretary to businesses located in, and residents of, distressed coal communities, and ``(IV) any equity investment in, or loan to, any qualified community development entity in connection with qualified investments the proceeds of which are substantially used to make qualified coal community investments. ``(ii) Qualified active distressed coal community business.--The term `qualified active coal community business' means any business which would be a qualified active low-income community business if paragraphs (2) and (3) of subsection (d) were applied by substituting `distressed coal community' for `low-income community' each place it appears. ``(iii) Distressed coal community.-- ``(I) In general.--The term `distressed coal community' means any low-income community which is located in a county which-- ``(aa) was one of the 30 counties with the biggest employment decrease among coal operators (as determined under reports issued by the Mine Safety and Health Administration) for an applicable period, or ``(bb) is contiguous to a county which-- ``(AA) is described in item (aa) and is within the same State as such county, and ``(BB) contains not less than 1 low-income community. ``(II) Applicable periods.--For purposes of subclause (I)(aa), the term `applicable period' means any of the following periods: ``(aa) Calendar year 2013 compared to calendar year 2012. ``(bb) Calendar year 2014 compared to calendar year 2013. ``(cc) Calendar year 2015 compared to calendar year 2014. ``(C) Limitation of allocation of set aside.-- ``(i) In general.--In allocating the portion of the new markets tax credit limitation to which subparagraph (A) applies, the Secretary shall ensure that, with respect to any eligible State, not less than the minimum percentage of such limitation is allocated to qualified community development entities making qualified coal community investments in such eligible State. ``(ii) Minimum percentage.--For purposes of clause (i), the minimum percentage for any eligible State is the percentage equal to 80 percent of the ratio of-- ``(I) the qualified coal operator employment decrease in such State, to ``(II) the total qualified coal operator employment decrease in all eligible States. ``(iii) Qualified coal operator employment decrease.--For purposes of clause (ii), the term `qualified coal operator employment decrease' means, with respect to any eligible State, the aggregate amount of employment decrease among coal operators for all counties in such State-- ``(I) in which there is a low- income community, and ``(II) which are taken into account under item (aa) of subparagraph (B)(iii)(I). ``(iv) Eligible state.--For purposes of this subparagraph, the term `eligible State' means any State in which there is a distressed coal community. ``(D) Application of carryover.--Paragraph (3) shall be applied separately with respect to amounts described in subparagraph (A).''. (b) Application of Recapture Rules.--Section 45D(g)(3)(B) of the Internal Revenue Code of 1986 is amended by inserting ``(or, in the case of an investment described in subsection (f)(4), as required under such subsection)'' after ``(b)(1)(B)''.", "summary": "Creating Opportunities for Rural Economic Expansion Act or the CORE Act This bill amends the Internal Revenue Code to require at least 5% of the new markets tax credit limitation to be allocated to community development entities in connection with certain investments, financial counseling, and other services in distressed coal communities. A "distressed coal community" is any low-income community located in a county that: (1) was one of the 30 counties with the biggest employment decrease among coal operators over a specified time period; or (2) is contiguous to a county that has the required decrease in employment, is located in the same state, and contains at least one low-income community."}
{"article": "SECTION 1. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN COMMODITIES AFTER IMPORTATION. (a) Definitions.--For purposes of this section: (1) Entry.--The term ``entry'' means the entry into, or the withdrawal from warehouse for consumption in, the customs territory of the United States. (2) Foreign commodity.--The term ``foreign commodity'' means any of the following, if a product of any foreign country or instrumentality: (A) Wheat provided for in heading 1001 of the Harmonized Tariff Schedule of the United States. (B) Soybeans provided for in heading 1201.00.00 of such Schedule. (C) Barley provided for in heading 1003.00 of such Schedule. (D) Oats provided for in heading 1004.00.00 of such Schedule. (E) Corn provided for in heading 1005 of such Schedule. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Certification Requirements Regarding Foreign Commodities.-- (1) End-use certificate.--An end-use certificate that meets the requirements of subsection (c) shall be included in the documentation covering the entry of any foreign commodity. (2) Quarterly reports.--A consignee of any imported foreign commodity shall submit to the Secretary a quarterly report that certifies-- (A) what quantity of the foreign commodity covered by an end-use certificate was used by the consignee during the quarter; and (B) that the commodity referred to in paragraph (1) was used by the consignee for the purpose stated in the end-use certificate. (c) End-Use Certificate and Quarterly Report Content.--The end-use certificates and quarterly reports required under subsection (b) shall be in such form, and require such information, as the Secretary considers necessary or appropriate to carry out the purposes of this section, including-- (1) in the case of the end-use certificate-- (A) the name and address of the importer of record of the foreign commodity; (B) the name and address of the consignee of the commodity; (C) the identification of the country of origin of the commodity; (D) a description by class and quantity of the commodity covered by the certificate; (E) the sales price of the commodity in the country of origin, if the Secretary considers such datum necessary to facilitate the enforcement of the trade laws and international agreements of the United States; (F) specification of the purpose for which the consignee will use the commodity; and (G) the identification of the transporter of the commodity from the port of entry to the processing facility of the consignee; and (2) in the case of the quarterly report-- (A) the information referred to in subparagraphs (A) and (B) of paragraph (1); (B) the identification of the end-use certificates currently held by the consignee; (C) a statement of the quantity of the foreign commodity covered by each of the end-use certificates identified under subparagraph (B) that was used during the quarter; and (D) a statement of the use made during the quarter by the consignee of each quantity referred to in subparagraph (C). (d) Regulations.--The Secretary shall prescribe such requirements regarding the preparation and submission of the quarterly reports required under subsection (b)(2) as may be necessary or appropriate to carry out the purposes of this section. (e) Penalties.-- (1) Customs penalties.--End-use certificates required under this section shall be treated as any other customs documentation for purposes of applying the customs laws that prohibit the entry, or the attempt to enter, merchandise by fraud, gross negligence, or negligence. (2) Civil penalties.--Any person who knowingly violates any requirement prescribed by the Secretary to carry out this section is punishable by a civil penalty in an amount not to exceed $10,000. (f) Entry Prohibited Unless End-Use Certificate Presented.--The Commissioner of Customs may not permit the entry of any foreign commodity unless the importer of record presents at the time of entry of the commodity an end-use certificate that complies with the applicable requirements of subsection (c). SEC. 2. SUSPENSION OR DEBARMENT FOR USE OF FOREIGN AGRICULTURAL COMMODITIES IN CERTAIN AGRICULTURAL TRADE PROGRAMS. (a) Opportunity for Hearing.--The Commodity Credit Corporation shall provide a person with an opportunity for a hearing before suspending or debarring the person from participation in an agricultural trade program for using a foreign agricultural commodity in violation of the terms and conditions of the program. (b) Waiver.-- (1) In general.--The Commodity Credit Corporation may waive the suspension or debarment of a person from participation in an agricultural trade program for using a foreign agricultural commodity in violation of the terms and conditions of the program if the person demonstrates, to the satisfaction of the Corporation, that-- (A) the use of the commodity was unintentional; and (B) the quantity of the foreign agricultural commodity used was less than 1 percent of the total quantity of the commodity involved in the transaction. (2) Other penalties.--Any waiver by the Commodity Credit Corporation of a suspension or debarment of a person under paragraph (1) shall not affect the liability of the person for any other penalty imposed under an agricultural trade program for the quantity of the foreign agricultural commodity involved.", "summary": "Requires a consignee of imported foreign grain to: (1) include an end-use certificate in the documentation covering the entry of such grain; and (2) submit to the Secretary of Agriculture certain quarterly reports regarding its use. Sets forth civil penalties for violation of this Act. Prohibits the Commissioner of Customs from permitting the entry of such grain unless the importer of record presents such certificate at the time of entry. Requires the Commodity Credit Corporation to provide persons with an opportunity for a hearing before suspending or debarring them from participation in an agricultural trade program for using such grain in violation of it."}
{"article": "SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Secretary of Agriculture (referred to in this Act as the ``Secretary'') administers the 191,000,000-acre National Forest System for multiple uses in accordance with Federal law; (2) where suitable, one of the recognized multiple uses for National Forest System land is grazing by livestock; (3) the Secretary authorizes grazing through the issuance of term grazing permits that have terms of not to exceed 10 years and that include terms and conditions necessary for the proper administration of National Forest System land and resources; (4) as of the date of enactment of this Act, the Secretary has issued approximately 9,000 term grazing permits authorizing grazing on approximately 90,000,000 acres of National Forest System land; (5) of the approximately 9,000 term grazing permits issued by the Secretary, approximately one-half have expired or will expire by the end of 1996; (6) if the holder of an expiring term grazing permit has complied with the terms and conditions of the permit and remains eligible and qualified, that individual is considered to be a preferred applicant for a new term grazing permit in the event that the Secretary determines that grazing remains an appropriate use of the affected National Forest System land; (7) in addition to the approximately 9,000 term grazing permits issued by the Secretary, it is estimated that as many as 1,600 term grazing permits may be waived by permit holders to the Secretary in favor of a purchaser of the permit holder's permitted livestock or base property by the end of 1996; (8) to issue new term grazing permits, the Secretary must comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other laws; (9) for a large percentage of the grazing permits that will expire or be waived to the Secretary by the end of 1996, the Secretary has devised a strategy that will result in compliance with the National Environmental Policy Act of 1969 and other applicable laws (including regulations) in a timely and efficient manner and enable the Secretary to issue new term grazing permits, where appropriate; (10) for a small percentage to the grazing permits that will expire or be waived to the Secretary by the end of 1996, the strategy will not provide for the timely issuance of new term grazing permits; and (11) in cases in which ranching operations involve the use of a term grazing permit issued by the Secretary, it is essential for new term grazing permits to be issued in a timely manner for financial and other reasons. (b) Purpose.--The purpose of this Act is to ensure that graving continues without interruption on National Forest System land in a manner that provides long-term protection of the environment and improvement of National Forest System rangeland resources while also providing short-term certainty to holders of expiring term grazing permits and purchasers of a permit holder's permitted livestock or base property. SEC. 2. DEFINITIONS. In this Act: (1) Expiring term grazing permit.--The term ``expiring term grazing permit'' means a term grazing permit-- (A) that expires in 1995 or 1996; or (B) that expired in 1994 and was not replaced with a new term grazing permit solely because the analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws has not been completed. (2) Final agency action.--The term ``final agency action'' means agency action with respect to which all available administrative remedies have been exhausted. (3) Term grazing permit.--The term ``term grazing permit'' means a term'' grazing permit'' or grazing agreement issued by the Secretary under section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752), section 19 of the Act entitled ``An Act to facilitate and simplify the work of the Forest Service, and for other purposes'', approved April 24, 1950 (commonly known as the ``Granger-Thye Act'') (16 U.S.C. 580l), or other law. SEC. 3. ISSUANCE OF NEW TERM GRAZING PERMITS. (a) In General.--Notwithstanding any other law, the Secretary shall issue a new term grazing permit without regard to whether the analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws has been completed, or final agency action respecting the analysis has been taken-- (1) to the holder of an expiring term grazing permit; or (2) to the purchaser of a term grazing permit holder's permitted livestock or base property if-- (A) between January 1, 1995, and December 1, 1996, the holder has waived the term grazing permit to the Secretary pursuant to section 222.3(c)(1)(iv) of title 36, Code of Federal Regulations; and (B) the purchaser of the term grazing permit holder's permitted livestock or base property is eligible and qualified to hold a term grazing permit. (b) Terms and Conditions.--Except as provided in subsection (c)-- (1) a new term grazing permit under subsection (a)(1) shall contain the same terms and conditions as the expired term grazing permit; and (2) a new term grazing permit under subsection (a)(2) shall contain the same terms and conditions as the waived permit. (c) Duration.-- (1) In general.--A new term grazing permit under subsection (a) shall expire on the earlier of-- (A) the date that is 3 years after the date on which it is issued; or (B) the date on which final agency action is taken with respect to the analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws. (2) Final action in less than 3 years.--If final agency action is taken with respect to the analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws before the date that is 3 years after the date on which a new term grazing permit is issued under subsection (a), the Secretary shall-- (A) cancel the new term grazing permit; and (B) if appropriate, issue a term grazing permit for a term not to exceed 10 years under terms and conditions as are necessary for the proper administration of National Forest System rangeland resources. (d) Date of Issuance.-- (1) Expiration on or before date of enactment.--In the case of an expiring term grazing permit that has expired on or before the date of enactment of this Act, the Secretary shall issue a new term grazing permit under subsection (a)(1) not later than 15 days after the date of enactment of this Act. (2) Expiration after date of enactment.--In the case of an expiring term grazing permit that expires after the date of enactment of this Act, the Secretary shall issue a new term grazing permit under subsection (a)(1) on expiration of the expiring term grazing permit. (3) Waived permits.--In the case of a term grazing permit waived to the Secretary pursuant to section 222.3(c)(1)(iv) of title 36, Code of Federal Regulations, between January 1, 1995, and December 31, 1996, the Secretary shall issue a new term grazing permit under subsection (a)(2) not later than 60 days after the date on which the holder waives a term grazing permit to the Secretary. SEC. 4. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW. The issuance of a new term grazing permit under section 3(a) shall not be subject to administrative appeal or judicial review. SEC. 5. REPEAL. This Act is repealed effective as of January 1, 2001.", "summary": "Requires the Secretary of Agriculture to issue new term grazing permits for National Forest System lands to replace previously issued expired or expiring permits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Travel Cost Reduction Act''. SEC. 2. BUSINESS ACCOUNTS FOR AIR TRAVEL BY FEDERAL EMPLOYEES. (a) In General.--Chapter 57 of title 5, United States Code, is amended by inserting after section 5709 the following new section: ``Sec. 5710. Business accounts for air travel ``(a) The General Services Administration or any agency entering into a contract with an air carrier for travel on official business-- ``(1) subject to the provisions of paragraph (2), shall include as a term of such contract that such air carrier shall-- ``(A) establish a separate air travel business account for any employee, designated by the head of the agency employing such employee, for travel on official business by such employee on such air carrier; ``(B) deposit any award or bonus by such air carrier awarded to such employee for travel on official business into the employee's air travel business account; and ``(C) apply any such award or bonus from such employee's air travel business account to any travel on official business by such employee on such air carrier except that such awards or bonuses shall not be used for seating upgrades; and ``(2) may include as a term of such contract, as an alternative to the term required under paragraph (1), that such air carrier shall-- ``(A) establish an air travel business account for any office or administrative unit of an agency, as designated by the head of such agency, for travel on official business by employees of such office or administrative unit on such air carrier; ``(B) deposit any award or bonus by such air carrier awarded to any employee of such office or administrative unit for travel on official business into the air travel business account of such office or administrative unit; and ``(C) apply any such award or bonus from the air travel business account of such office or administrative unit to any travel on official business by any employee of such office or administrative unit except that such awards or bonuses shall not be used for seating upgrades. ``(b) All air travel business accounts established under this section shall be separate from any personal account of an employee. Any award or bonus from an air travel business account may be used only for travel on official business except that such awards shall not be used for seating upgrades. ``(c) To the greatest extent practicable, the General Services Administration shall include the term described under subsection (a)(2) in a contract to maximize travel costs savings. ``(d) The General Services Administration shall promulgate regulations to carry out the provisions of this section. Such regulations shall include a requirement that, to the greatest extent practicable to maximize travel costs savings, employees shall-- ``(1) travel on official business with air carriers awarding awards and bonuses for official business travel, regardless of whether such travel is on an air carrier under a contract described under this section; and ``(2)(A) participate in any program of such air carrier awarding awards and bonuses; and ``(B) use such awards and bonuses for only official business travel except that such awards shall not be used for seating upgrades.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5709 the following new item: ``5710. Business accounts for air travel.''. SEC. 3. APPLICATION TO THE CONGRESS. (a) In General.--No later than 180 days after the date of the enactment of this Act, the Committee on Rules and Administration of the Senate and the Committee on Administration of the House of Representatives shall promulgate regulations relating to Members of Congress and any employee whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives, respectively, that-- (1) require any Member of the Senate, officer of the Senate, Member of the House of Representatives, or officer of the House of Representatives who enters into a contract with an air carrier for travel on official business by a Member or employee-- (A) subject to the provisions of subparagraph (B), shall include as a term of such contract that such air carrier shall-- (i) establish a separate air travel business account for any Member or employee, designated by the applicable Member or employing committee or office of such employee, for travel on official business by such Member or employee on such air carrier; (ii) deposit any award or bonus by such air carrier awarded to such Member or employee for travel on official business into the Member's or employee's air travel business account; and (iii) apply any such award or bonus from such Member's or employee's air travel business account to any travel on official business by such Member or employee on such air carrier except that such awards or bonuses shall not be used for seating upgrades; and (B) may include as a term of such contract, as an alternative to the term required under subparagraph (A), that such air carrier shall-- (i) establish an air travel business account for any committee or office as designated by the applicable Member, committee, or office, for travel on official business by Members or employees of such committee or office on such air carrier; (ii) deposit any award or bonus by such air carrier awarded to any Member or employee of such committee or office for travel on official business into the air travel business account of such committee or office; and (iii) apply any such award or bonus from the air travel business account of such committee or office to any travel on official business by any Member or employee of such committee or office except that such awards or bonuses shall not be used for seating upgrades; and (2) to the greatest extent practicable to maximize travel costs savings, require committees and offices (including Members' offices)-- (A) to enter into contracts with air carriers awarding awards and bonuses for official business travel; and (B) to require Members and employees to-- (i) travel on official business with air carriers awarding awards and bonuses for official business travel, regardless of whether such travel is on an air carrier under a contract described under this section; and (ii)(I) participate in any program of such air carrier awarding awards and bonuses; and (II) use such awards and bonuses for only official business travel except that such awards or bonuses shall not be used for seating upgrades. (b) Separate Business Accounts.--All air travel business accounts established under this section shall be separate from any personal account of a Member or employee. Any award or bonus from an air travel business account may be used only for travel on official business except that such awards or bonuses shall not be used for seating upgrades. (c) Committee and Office Accounts.--To the greatest extent practicable, any Member of Congress or officer of the Congress entering into a contract as provided under this section shall include the term described under subsection (a)(1)(B) to maximize costs savings.", "summary": "Government Travel Cost Reduction Act - Amends Federal law governing air travel of Federal employees and Members of Congress to mandate that a Federal or congressional agency include in its contract with an air carrier: (1) the establishment of a separate air travel business account for employees travelling on official agency business; and (2) deposit into the employee's air travel business account any travel bonuses awarded by the carrier."}
{"article": "SECTION 1. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) Billing practices by telecommunications carriers may not reflect accurately the cost or basis of the additional telecommunications services and benefits that consumers receive as a result of the enactment of the Telecommunications Act of 1996 (Public Law 104-104) and other Federal regulatory actions taken since the enactment of that Act. (2) Congress has never enacted a law with the intent of permitting providers of telecommunications services to misrepresent to customers the costs of providing services or the services provided. (3) Certain providers of telecommunications services have established new, specific charges on customer bills commonly known as ``line-item charges''. (4) Certain providers of telecommunications services have described such charges as ``Federal Universal Service Fees'' or similar fees. (5) Such charges have generated significant confusion among customers regarding the nature of and scope of universal service and of the fees associated with universal service. (6) The State of New York is considering action to protect consumers by requiring telecommunications carriers to disclose fully in the bills of all classes of customers the fee increases and fee reductions resulting from the enactment of the Telecommunications Act of 1996 and other regulatory actions taken since the enactment of that Act. (7) The National Association of Regulatory Utility Commissioners adopted a resolution in February 1998 supporting action by the Federal Communications Commission to require interstate carriers to provide accurate customer notice regarding the implementation and purpose of end user charges. (b) Purpose.--It is the purpose of this Act to require the Federal Communications Commission and the Federal Trade Commission to protect consumers of telecommunications services by assuring accurate cost reporting and billing practices by telecommunications carriers nationwide. SEC. 2. INVESTIGATION OF TELECOMMUNICATIONS CARRIERS BILLING PRACTICES. (a) Investigation.-- (1) Requirement.--The Federal Communications Commission and the Federal Trade Commission shall jointly conduct an investigation of the billing practices of telecommunications carriers. (2) Purpose.--The purpose of the investigation is to determine whether the bills sent by carriers to their customers accurately assess and correctly characterize any additional fees paid by such customers for telecommunications services as a result of the enactment of the Telecommunications Act of 1996 (Public Law 104-104) and other Federal regulatory actions taken since the enactment of that Act. (b) Determinations.--In carrying out the investigation under subsection (a), the Federal Communications Commission and the Federal Trade Commission shall determine the following: (1) The amount, if any, of additional fees imposed by telecommunications carriers on their customers as a result of the requirements of the Telecommunications Act of 1996 (including the amendments made by that Act) and other Federal regulatory actions taken since the enactment of that Act during the period beginning on June 30, 1997, and ending on the date of enactment of that Act. (2) In the event that additional fees described in paragraph (1) are being imposed, the following: (A) Whether the amount of such fees accurately reflect-- (i) the additional costs to carriers as a result of the enactment of that Act (including the amendments made by that Act) and other Federal regulatory actions taken since the enactment of that Act; and (ii) any reductions in costs, or other financial benefits, to carriers as a result of the enactment of that Act (including such amendments) and other Federal regulatory actions taken since the enactment of that Act. (B) Whether the bills that impose such fees characterize correctly the nature and basis of such fees. (c) Review of Records.-- (1) Authority.--For purposes of the investigation under subsection (a), the Federal Communications Commission and the Federal Trade Commission may obtain from any telecommunications carrier any record of the carrier that is relevant to the investigation. (2) Use.--The Federal Communications Commission and the Federal Trade Commission may use records obtained under this subsection only for purposes of the investigation. (d) Disciplinary Actions.-- (1) In general.--In the event that the Federal Communications Commission or the Federal Trade Commission determine as a result of the investigation under subsection (a) that the bills sent by a telecommunications carrier to its customers does not accurately assess or correctly characterize any fee addressed in the investigation, the Federal Communications Commission or the Federal Trade Commission, as the case may be, shall take such actions against the carrier as such Commission is authorized to take under law. (2) Additional actions.--If the Federal Communications Commission or the Federal Trade Commission determines that such Commission does not have adequate authority under law to take appropriate actions under paragraph (1), the Federal Communications Commission and the Federal Trade Commission shall notify Congress of that determination in the report under subsection (e). (e) Report.--Not later than 45 days after the date of enactment of this Act, the Federal Communications Commission and the Federal Trade Commission shall jointly submit to Congress a report on the results of the investigation under subsection (a). The report shall include the determination, if any, of either Commission under subsection (d)(2) and any recommendations for further legislative action that the Commissions consider appropriate. SEC. 3. REQUIREMENTS FOR TELECOMMUNICATIONS CARRIERS IMPOSING CERTAIN FEES FOR SERVICES. (a) Requirements.--Any telecommunications carrier that includes on any of the bills sent to its customers a charge described in subsection (b) shall-- (1) specify in the bill imposing such charge any reduction in charges or fees allocable to all classes of customers (including customers of residential basic service, customers of other residential services, small business customers, and other business customers) by reason of any regulatory action of the Federal Government; and (2) submit to the Federal Communications Commission the reports required to be submitted by the carrier to the Securities and Exchange Commission under sections 13(a) and 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)). (b) Covered Charges.--Subsection (a) applies in the case of the following charges: (1) Any specific charge included after June 30, 1997, if the imposition of the charge is attributed to a regulatory action of the Federal Government. (2) Any specific charge included before that date if the description of the charge is changed after that date to attribute the imposition of the charge to a regulatory action of the Federal Government.", "summary": "Directs the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to jointly conduct an investigation of the billing practices of telecommunications carriers (carriers) to determine whether bills sent to customers accurately assess and characterize any additional fees paid by customers for telecommunications services as a result of the enactment of the Telecommunications Act of 1996. Requires access to carrier records relevant to such investigation. Directs either the FCC or FTC to take appropriate disciplinary actions against carriers whose customer bills inaccurately assess and characterize such fees. Requires a joint report to the Congress on investigation results. Requires carriers that include on customer bills a charge or charges attributed to Federal regulatory actions to: (1) specify in such bill any reduction in charges or fees allocable to all classes of customers by reason of such regulatory actions; and (2) submit to the FCC certain disclosure reports required to be submitted by such carriers to the Securities and Exchange Commission under the Securities Exchange Act of 1934."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Higher Education Accrediting Agency Responsibility Act of 2002''. (b) References to Higher Education Act of 1965.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Accrediting agencies were originally intended to provide voluntary, nongovernmental oversight of institutions of higher education. (2) However, Congress has allowed accreditors to become gatekeepers of more than $40,000,000,000 of Federal student aid funds due to such agencies role, enshrined in current Federal law, to help determine an institution's eligibility to participate in Federal student aid programs. (3) More effective and less costly mechanisms are already in place to protect students and parents, as no institution can receive Federal funds until the Department of Education certifies its financial and administrative capacity. Additionally, the amount of useful information publicly available about the quality of academic institutions has grown dramatically in recent years and now far exceeds the minimal amount conveyed by the accreditation system. (4) It is virtually unknown for an institution to be denied accreditation because of low educational values, despite growing public concern that American college graduates are lacking the skills necessary for participation in civic life. (5) The time and effort required of institutions of higher education to comply with the accreditation process imposes costs which must ultimately be borne by students and parents. (b) Purposes.--The purposes of this Act are as follows: (1) To refocus the purpose of accreditation on providing comparative information about the quality of institutions of higher education, rather than determining student aid eligibility, which should properly be the responsibility of the Department of Education. (2) To end the virtual monopoly that today's accrediting agencies enjoy, and require them to operate in a competitive environment like any other industry. SEC. 3. AMENDMENTS AND REPEALS. (a) Qualification of Institutions of Higher Education.--Section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) is amended-- (1) in subsection (a)-- (A) by adding ``and'' at the end of paragraph (3); (B) by striking ``; and'' at the end of paragraph (4) and inserting a period; and (C) by striking paragraph (5); and (2) by striking subsection (c). (b) Qualification of Proprietary Institutions of Higher Education.--Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended-- (1) by striking subparagraph (D); and (2) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. (c) National Advisory Committee on Institutional Quality and Integrity.--Section 114 (20 U.S.C. 1011c) is repealed. (d) Disclosures of Foreign Gifts.--Section 117(h)(4) (20 U.S.C. 1011f(h)(4)) is amended-- (1) by adding ``and'' at the end of subparagraph (A); and (2) by striking subparagraph (C). (e) Title III Eligible Institutions.--Section 312(b)(1) (20 U.S.C. 1058(b)(1)) is amended-- (1) by striking subparagraph (D); and (2) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. (f) Title III Definitions.--Section 322(2) (20 U.S.C. 1061(2)) is amended-- (1) by inserting ``and'' after ``1964'',''; and (2) by striking ``and that is accredited'' and all that follows through ``toward accreditation,''. (g) HBCU Capital Financing.--Section 342(5) (20 U.S.C. 1066a(5)) is amended-- (1) by adding ``and'' at the end of subparagraph (F); (2) by striking subparagraph (G); and (3) by redesignating subparagraph (H) as subparagraph (G). (h) Conforming Amendment.--Section 365 (20 U.S.C. 1067k) is amended-- (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) through (9) as paragraphs (1) through (8), respectively. (i) Distance Education Demonstration Programs.--Section 486(c)(2) (20 U.S.C. 1093(c)(2)) is amended-- (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively. (j) Program Participation Agreements.--Section 487 (20 U.S.C. 1094) is amended-- (1) in subsection (a)(3)-- (A) by adding ``and'' at the end of subparagraph (A); (B) by striking ``; and'' at the end of subparagraph (B) and inserting a period; and (C) by striking subparagraph (C); (2) in subsection (a)(15), by striking ``accrediting agencies,''; (3) in subsection (a)(21), by striking ``and accrediting agencies or associations''; and (4) in subsection (c)(5)-- (A) by inserting ``and'' after ``eligible lenders,''; and (B) by striking ``, and accrediting agencies or associations''. (k) Accrediting Agency Recognition.--Section 496 (20 U.S.C. 1099b) is repealed. (l) Eligibility and Certification Procedures.--Section 498 (20 U.S.C. 1099c) is amended-- (1) in subsection (a), by striking ``accreditation''; and (2) in subsection (b), by striking ``accreditation,'' each place it appears. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply be effective on September 1, 2002.", "summary": "Higher Education Accrediting Agency Responsibility Act of 2002 - Amends the Higher Education Act of 1965 (HEA) to remove requirements that institutions of higher education (IHEs) be accredited or preaccredited by a nationally recognized accrediting agency or association in order to receive Federal funds under various HEA programs, including student aid under HEA title IV.Removes such accreditation requirements with respect to IHEs, proprietary IHEs, special institutional aid under HEA title III, historically Black college and university capital financing, distance education demonstration programs, and student assistance program participation agreements.Repeals provisions for: (1) the National Advisory Committee on Institutional Quality and Integrity; and (2) recognition of accrediting agencies or associations under HEA."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Nuclear Fuel Availability Act''. SEC. 2. PROGRAM. (a) Establishment.--The Secretary shall establish and carry out, through the Office of Nuclear Energy, a program to support the availability of HA-LEU for domestic commercial use. (b) Program Elements.--In carrying out the program under subsection (a), the Secretary-- (1) may provide financial assistance to assist commercial entities to design and license transportation packages for HA- LEU, including canisters for metal, gas, and other HA-LEU compositions; (2) shall, to the extent practicable-- (A) by January 1, 2021, have commercial entities submit such transportation package designs to the Commission for certification by the Commission under part 71 of title 10, Code of Federal Regulations; and (B) encourage the Commission to have such transportation package designs so certified by the Commission by January 1, 2023; (3) not later than January 1, 2020, shall submit to Congress a report on the Department's uranium inventory that may be available to be processed to HA-LEU for purposes of such program, which may not include any uranium allocated by the Secretary for use in support of the atomic energy defense activities of the National Nuclear Security Administration; (4) not later than 1 year after the date of enactment of this Act, and biennially thereafter through September 30, 2025, shall conduct a survey of stakeholders to estimate the quantity of HA-LEU necessary for domestic commercial use for each of the 5 subsequent years; (5) shall assess options available for the Secretary to acquire HA-LEU for such program, including an assessment, for each such option, of the cost and amount of time required; (6) shall establish a consortium, which may include entities involved in any stage of the nuclear fuel cycle, to partner with the Department to support the availability of HA- LEU for domestic commercial use, including by-- (A) providing information to the Secretary for purposes of surveys conducted under paragraph (4); and (B) purchasing HA-LEU made available to members of the consortium by the Secretary under the program; (7) shall, prior to acquiring HA-LEU under paragraph (8), in coordination with the consortium established pursuant to paragraph (6), develop a schedule for cost recovery of HA-LEU made available to members of the consortium pursuant to paragraph (8); (8) may, beginning not later than 3 years after the establishment of a consortium under paragraph (6), acquire HA- LEU, in order, to the extent practicable, to make such HA-LEU available to members of the consortium beginning not later than January 1, 2025, in amounts that are consistent, to the extent practicable, with the quantities estimated under the surveys conducted under paragraph (4); and (9) shall develop, in consultation with the Commission, criticality benchmark data to assist the Commission in-- (A) the licensing and regulation of category II spent nuclear material fuel fabrication and enrichment facilities under part 70 of title 10, Code of Federal Regulations; and (B) certification of transportation packages under part 71 of title 10, Code of Federal Regulations. (c) Applicability of USEC Privatization Act.--The requirements of subparagraphs (A) and (C) of section 3112(d)(2) of the USEC Privatization Act (42 U.S.C. 2297h-10(d)(2)) shall apply to a sale or transfer of HA-LEU by the Secretary to a member of the consortium under this section. (d) Funding.-- (1) Transportation package design.-- (A) Cost share.--The Secretary shall ensure that not less than 20 percent of the costs of design and license activities carried out pursuant to subsection (b)(1) are paid by a non-Federal entity. (B) Authorization of appropriations.--There are authorized to be appropriated to carry out subsection (b)(1)-- (i) $1,500,000 for fiscal year 2019; (ii) $1,500,000 for fiscal year 2020; and (iii) $1,500,000 for fiscal year 2021. (2) DOE acquisition of ha-leu.--The Secretary may not make commitments under this section (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HA-LEU unless funds are specifically provided for such purposes in advance in subsequent appropriations Acts, and only to the extent that the full extent of anticipated costs stemming from such commitments is recorded as an obligation up front and in full at the time it is made. (3) Other costs.--Except as otherwise provided in this subsection, in carrying out this section, the Secretary shall use amounts otherwise authorized to be appropriated to the Secretary. (e) Sunset.--The authority of the Secretary to carry out the program under this section shall expire on September 30, 2033. SEC. 3. REPORT TO CONGRESS. Not later than 12 months after the date of enactment of this Act, the Commission shall submit to Congress a report that includes-- (1) identification of updates to regulations, certifications, and other regulatory policies that the Commission determines are necessary in order for HA-LEU to be commercially available, including-- (A) guidance for material control and accountability of category II special nuclear material; (B) certifications relating to transportation packaging for HA-LEU; and (C) licensing of enrichment, conversion, and fuel fabrication facilities for HA-LEU, and associated physical security plans for such facilities; (2) a description of such updates; and (3) a timeline to complete such updates. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Nuclear Regulatory Commission. (2) Department.--The term ``Department'' means Department of Energy. (3) HA-LEU.--The term ``HA-LEU'' means high-assay low- enriched uranium. (4) High-assay low-enriched uranium.--The term ``high-assay low-enriched uranium'' means uranium having an assay greater than 5.0 percent and less than 20.0 percent enrichment of the uranium-235 isotope. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. Passed the House of Representatives December 11, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Advanced Nuclear Fuel Availability Act This bill directs the Department of Energy to develop and deploy high-assay low-enriched uranium for domestic commercial use and to develop a schedule for recovering costs associated with such development."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Relief and IMF Reform Act of 1999''. SEC. 2. CONDITIONS OF APPROVING GOLD SALES BY THE INTERNATIONAL MONETARY FUND. Section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is amended by adding at the end the following: ``No director appointed to represent the United States at the Fund shall vote for any proposal to sell or otherwise convert or liquidate gold, unless-- ``(1) the Congress has enacted a joint resolution authorizing the approval of the proposal; ``(2)(A) the Fund has canceled all debts owed to the Fund by the countries eligible for debt relief under the Heavily Indebted Poor Countries (HIPC) Initiative and Haiti; and ``(B) the Secretary of the Treasury, after consultation with the Comptroller General, demonstrates to the Congress that there is no other feasible way to finance the cancellation of such debts, and, if the Comptroller General does not concur, explains to the Congress why any other method of financing suggested by the Comptroller General is not feasible; ``(3) the most recent operational budget of the Fund has been published, with any information that could disrupt financial markets or affect adversely the national security of any country redacted, and the publicly available financial statements of the Fund are reorganized and restated in a manner consistent with the Fund's code of good practices, and with the principles of transparency and accountability; ``(4) the Congress has enacted a joint resolution certifying that the Fund is in full compliance with the conditions imposed or required to be imposed by title VI of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in section 101(d) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277)); ``(5) the proposal is-- ``(A) to sell any gold held by the Fund on the effective date of the Second Amendment to the Articles of Agreement of the Fund; ``(B) only to the member countries that were member countries on August 31, 1975, and Papua New Guinea, and that agree to purchase the gold; ``(C) in proportion to the quotas of such countries in the Fund on August 31, 1975; ``(D) in exchange for the currencies of such countries; and ``(E) at a price of SDR 35 per fine ounce; ``(6) the interest accruing on any investment of the residual proceeds to the Fund of the sale will be used for the provision of debt relief for such countries without conditions; and ``(7) the official budget of the United States Government displays the costs of United States participation in the Fund, in accordance with the guidelines provided in the President's Commission on Budget Concepts.''. SEC. 3. END OF UNITED STATES PARTICIPATION IN AND SUPPORT FOR THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND. (a) Prohibition on Future Funding.--No officer, employee, or agent of the United States may, directly or indirectly, provide any thing of value to the International Monetary Fund for the purpose of providing resources to the Enhanced Structural Adjustment Facility or other concessional lending facility of the International Monetary Fund. (b) Veto of Use of Available Funds.--Section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is further amended by adding at the end the following: ``The director appointed to represent the United States at the Fund shall use every effort to terminate the Enhanced Structural Adjustment Facility of the Fund within one year after the date of the enactment of this sentence. No director appointed to represent the United States at the Fund shall vote for any proposal to use resources of the Enhanced Structural Adjustment Facility of the Fund for any purpose, except for a proposal to abolish the Facility, use such resources for debt relief, and return any resources remaining after such use to the General Resources of the Fund.''. SEC. 4. NO APPROPRIATIONS FOR THE INTERNATIONAL MONETARY FUND UNTIL THE INTERNATIONAL MONETARY FUND HAS CANCELLED ALL DEBTS OWED TO THE FUND BY THE HEAVILY INDEBTED POOR COUNTRIES AND BY HAITI. Section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is further amended by adding at the end the following: ``No amounts may be appropriated for payment to the Fund until the Fund has cancelled all debts owed to the Fund by the countries eligible for debt relief under the Heavily Indebted Poor Countries (HIPC) Initiative and Haiti, and has financed such debt cancellation from ongoing operations, procedures, and accounts of the Fund established as of the end of the most recent fiscal year.''. SEC. 5. CONDITIONS OF APPROVING QUOTA INCREASE FOR THE INTERNATIONAL MONETARY FUND. Section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is further amended by adding at the end the following: ``No governor or alternate appointed to represent the United States at the International Monetary Fund shall vote for any proposal for any quota increase for the International Monetary Fund, unless, before the proposal was made, the Congress received notice of the proposal and the position of the Executive Branch on the proposal, and the Congress has enacted a joint resolution authorizing the approval of the proposal.''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 60 days after the date of the enactment of this Act.", "summary": "Prohibits U.S. officers, employees or agents from providing any thing of value to the IMF for the purpose of providing resources to the Enhanced Structural Adjustment Facility (ESAF) or other concessional lending facility of the IMF. Amends the Bretton Woods Agreements Act to require the U.S. director of the IMF to use every effort to terminate the ESAF. Prohibits appropriations for payments to the IMF until it has canceled all debts owed to it by HIPCs and Haiti. Prohibits the U.S. governor to the IMF from voting for any proposal for any quota increase for the IMF, unless, before the proposal was made, Congress received notice of the proposal and the position of the Executive Branch on it, and Congress has enacted a joint resolution of approval."}
{"article": "SECTION 1. GRANTS TO STATES AND UNITS OF LOCAL GOVERNMENT FOR MAKING BACKUP PAPER BALLOTS AVAILABLE IN CASE OF VOTING SYSTEM OR EQUIPMENT FAILURE OR OTHER EMERGENCY SITUATION. (a) Grants by Election Assistance Commission.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall establish a program under which the Commission shall make a grant to each participating State and each participating unit of local government for carrying out a program to make backup paper ballots available in the case of the failure of a voting system or voting equipment or some other emergency situation in the administration of the regularly scheduled general election for Federal office held in November 2008. (b) Requirements for Eligibility.-- (1) Application.--A State or unit of local government is eligible to participate in the program established by the Commission under this Act if the State or unit of local government submits an application to the Commission at such time and in such manner as the Commission shall require, and includes in the application-- (A) a certification that the State or unit of local government has established a program that meets the requirements of paragraph (2) to make backup paper ballots available in the case of the failure of a voting system or voting equipment or some other emergency situation; (B) a statement of the reasonable costs the State or unit of local government expects to incur in carrying out its program; (C) a certification that, not later than 60 days after the date of the election, the State or unit of local government will provide the Commission with a statement of the actual costs incurred in carrying out its program; (D) a certification that the State or unit of local government will repay the Commission any amount by which the payment made under this Act exceeds the actual costs incurred in carrying out its program; and (E) such other information and certifications as the Commission may require. (2) Program requirements.--The requirements of this paragraph for a program to make backup paper ballots available in the case of the failure of a voting system or voting equipment or some other emergency situation are as follows: (A) In the event that the voting equipment at a polling place malfunctions and cannot be used to cast ballots on the date of the election or some other emergency situation exists which prevents the use of such equipment to cast ballots on that date, any individual who is waiting at the polling place on that date to cast a ballot in the election and who would be delayed due to such malfunction or other emergency situation shall be notified by the appropriate election official of the individual's right to use a backup paper ballot, and shall be provided with a backup paper ballot for the election, the supplies necessary to mark the ballot, and instructions on how to mark the ballot to prevent overvotes. (B) Any backup paper ballot which is cast by an individual pursuant to the program of a State or unit of local government shall be counted as a regular ballot cast in the election and tabulated on the date of the election, and shall not be treated (for eligibility purposes) as a provisional ballot under section 302(a) of the Help America Vote Act of 2002, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot if the voting equipment at the polling place had not malfunctioned or an emergency situation had not existed which prevented the use of such equipment to cast ballots. (C) The program of a State or unit of local government is carried out in accordance with standards established by the State or unit of local government which include protocols for delivering and supplying backup paper ballots to polling places and for notifying individuals of the right to use the backup paper ballots. (c) Amount of Grant.--The amount of a grant made to a State or unit of local government under the program established by the Commission under this Act shall be equal to the amount of the reasonable costs the State or unit of local government expects to incur in carrying out its program, as provided in the application under subsection (b)(1)(B). SEC. 2. STATE DEFINED. In this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for grants under the program established by the Commission under this Act $75,000,000. Any amount appropriated pursuant to the authority of this section shall remain available without fiscal year limitation until expended.", "summary": "Directs the Election Assistance Commission to make a grant to each participating state and unit of local government for carrying out a program to make backup paper ballots available in the case of the failure of a voting system or voting equipment or some other emergency situation in the administration of the regularly scheduled federal general election held in November 2008."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Harbor Environmental Dredging and Management Act of 1993''. SEC. 2. DUMPING PERMIT PROGRAM FOR DREDGED MATERIAL. (a) General Procedures.--Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1973 (33 U.S.C. 1413) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following: ``(d) Procedure.--The following procedure applies concerning action by the Secretary with respect to an application for a permit under this section: ``(1) Notice.--Within 15 days after the date on which the Secretary receives an application for a permit under this section, the Secretary shall cause to be published a notice that contains-- ``(A) a description of the project; ``(B) such other information that the Secretary considers appropriate; and ``(C) an invitation for comment on the application and on any other matters of relevance, including the effect of approval of the application on endangered species, if appropriate, from interested Federal agencies, other public agencies, and private persons. ``(2) Information to be considered.--In making the determination required by subsection (a) regarding the application, the Secretary shall consider any comment or other information that the Secretary receives from interested agencies and persons during the 30-day period following the date on which the notice under paragraph (1) is published with respect to the application. ``(3) Deadline for hearing.--If the Secretary determines that a public hearing should be conducted with respect to the application, the Secretary shall complete the hearing within 30 days after the last day of the comment period for the application under paragraph (2). ``(4) Information to epa and other interested federal agencies.--Within 15 days after the date on which the Secretary receives all information pertaining to the application, the Secretary shall provide necessary and appropriate information concerning the application to the Administrator and to the heads of all other interested Federal agencies. Within 15 days of receiving such information, the Administrator and the heads of such other agencies shall review the information and request any additional information they deem necessary. ``(5) Concurrent evaluation of application.--The Secretary and the Administrator shall concurrently evaluate the application and, as appropriate and to the maximum extent possible, confer on the application in order to complete its consideration at the earliest possible date. ``(6) Deadline for determination by secretary.--The Secretary shall make a determination regarding whether or not to issue a permit under this section within 90 days after-- ``(A) the last day of the 30-day comment period for the application under paragraph (2); or ``(B) if a public hearing is held with respect to the application, the last day of the public hearing. ``(7) Standards.--The Secretary, in determining under subsection (a) whether or not the dumping proposed in the application will result in the unreasonable degradation or endangerment referred to in such subsection, shall-- ``(A) apply the applicable criteria and standards as such criteria and standards are in effect on the date of receipt of the application by the Secretary; and ``(B) disregard any change made to any such standard after such date of receipt. ``(8) Consideration of effect of failure to dredge.--In addition to applying the criteria referred to in section 102(a) in making the determination required by subsection (a), the Secretary shall also consider the effect that the failure to dredge the material concerned will have on human health and welfare, including economic, esthetic, and recreational values. ``(9) Time limits on process.--The Secretary and the Administrator shall make a determination regarding whether to issue a permit under this section within 165 days after the Secretary receives an application for the permit under this section.''. (b) Concurrence by Administrator.--Subsection (c) of such section is amended-- (1) by adding at the end of paragraph (1) the following: ``The Secretary shall provide the information requested within 15 days after the date of receipt of the request for the information from the Administrator.''; and (2) in paragraph (2) by striking ``45'' each place it appears and inserting ``30''. (c) Conforming Amendment.--Subsection (f) of such section, as redesignated by subsection (a) of this section, is amended by striking ``and (d)'' and inserting ``, (d), and (e)''. SEC. 3. DIOXIN CONTAMINATED SEDIMENT DISPOSAL STANDARD. Not later than 6 months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of the Army, shall develop a national standard for the disposal of sediments contaminated with dioxin. The standard shall apply, at a minimum, to determinations required to be made under subsection (a) of section 103 of the Marine Protection, Research, and Sanctuaries Act of 1973. SEC. 4. MUD DUMP CONTAINMENT ISLAND. (a) Plan.--The Administrator of the Environmental Protection Agency and the Secretary of the Army shall develop a plan for the construction of a containment island as an alternative to the Mud Dump Site, as defined in section 412(d) of the Water Resources Development Act of 1990, for the disposal of contaminated dredged material. The plan shall include, at a minimum, the following: (1) A recommended location for the island. (2) Proposed timetable for construction of the island, including public hearings, permit processes, and environmental impact statements. (3) An analysis and estimate of the cost of construction of the island and recommended financing mechanisms for the construction. (4) The status of decontamination technologies to be used on the contaminated materials. (b) Report.--Not later than 12 months after the date of the enactment of this Act, the Administrator and the Secretary shall submit to Congress the plan developed under subsection (a), together with recommendations for its implementation. SEC. 5. CONTAINMENT AND CLEAN-UP OF DIOXIN IN PASSAIC RIVER, NEW JERSEY. (a) Plan.--The Administrator of the Environmental Protection Agency and the Secretary of the Army, in consultation with State authorities, shall develop a comprehensive plan for the containment, clean-up, and prevention of dioxin contamination in the Passaic River basin in the vicinity of Newark, New Jersey. (b) Minimum Content Requirements.--The plan to be developed under this section shall include, at a minimum, the following: (1) A comprehensive strategy for monitoring, containing, and preventing the spread of dioxin in the Passaic River basin to Newark Bay. (2) A comprehensive strategy for the clean-up of dioxin in the Passaic River basin, including a proposed timetable, estimate of the cost, and financing mechanism for the clean-up. (3) A comprehensive strategy for preventing land activities from becoming new sources of dioxin pollution in the Passaic River basin and Newark Bay. (4) The status of sediment sources in Newark Bay. (c) Report.--Not later than 6 months after the date of the enactment of this Act, the Administrator and the Secretary shall submit to Congress the comprehensive plan developed under subsection (a), together with recommendations for its implementation. SEC. 6. CONSORTIUM OF DREDGED MATERIALS DISPOSAL PERMITTEES. The Secretary of the Army is authorized to approve the establishment of a consortium of permittees for the testing, permitting, and disposal of dredged materials in an effort to promote the cost-effective disposal and environmental management of dredged materials.", "summary": "Harbor Environmental Dredging and Management Act of 1993 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to establish a procedure for actions on permit applications for the dumping of dredged material into ocean waters. Directs the Administrator of the Environmental Protection Agency to develop a national standard for the disposal of sediments contaminated with dioxin. Requires the Administrator and the Secretary of the Army to develop and submit to the Congress a plan for: (1) the construction of a containment island as an alternative to the Mud Dump Site in New Jersey for the disposal of contaminated dredged material; and (2) the containment, clean-up, and prevention of dioxin contamination in the Passaic River basin in the vicinity of Newark, New Jersey. Authorizes the Secretary to approve the establishment of a consortium of permittees for the testing, permitting, and disposal of dredged materials to promote the cost-effective disposal and environmental management of dredged materials."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Slate for Kids Online Act of 2018''. SEC. 2. ENHANCING THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998. (a) Definitions.--Section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended by adding at the end the following: ``(13) Delete.--The term `delete' means to remove personal information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business.''. (b) Regulation of Unfair and Deceptive Acts and Practices in Connection With the Collection and Use of Personal Information From and About Children on the Internet.--Section 1303 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Failure to delete.--It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to fail to delete personal information collected from or about a child if a request for deletion is made pursuant to regulations prescribed under subsection (e).''; and (2) by adding at the end the following: ``(e) Right of an Individual To Delete Personal Information Collected When the Person Was a Child.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Commission shall promulgate under section 553 of title 5, United States Code, regulations that require the operator of any website or online service directed to children, or any operator that has actual knowledge that it has collected personal information from a child or maintains such personal information-- ``(A) to provide notice on the website of how an individual over the age of 13, or a legal guardian of an individual over the age of 13 acting with the knowledge and consent of the individual, can request that the operator delete all personal information in the possession of the operator that was collected from or about the individual when the individual was a child notwithstanding any parental consent that may have been provided when the individual was a child; ``(B) to promptly delete all personal information in the possession of the operator that was collected from or about an individual when the individual was a child when such deletion is requested by an individual over the age of 13 or by the legal guardian of such individual acting with the knowledge and consent of the individual, notwithstanding any parental consent that may have been provided when the individual was a child; ``(C) to provide written confirmation of deletion, after the deletion has occurred, to an individual or legal guardian of such individual who has requested such deletion pursuant to this subsection; and ``(D) to except from deletion personal information collected from or about a child-- ``(i) only to the extent that the personal information is necessary-- ``(I) to respond to judicial process; or ``(II) to the extent permitted under any other provision of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety; and ``(ii) if the operator retain such excepted personal information for only as long as reasonably necessary to fulfill the purpose for which the information has been excepted and that the excepted information not be used, disseminated or maintained in a form retrievable to anyone except for the purposes specified in this subparagraph.''. (c) Safe Harbors.--Section 1304 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6503) is amended-- (1) in subsection (a), by striking ``section 1303(b)'' and inserting ``subsections (b) and (e) of section 1303''; and (2) in subsection (b)(1), by striking ``subsection (b)'' and inserting ``subsections (b) and (e)''. (d) Actions by States.--Section 1305(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6504(a)(1)) is amended by striking ``1303(b)'' and inserting ``subsection (b) or (e) of section 1303''.", "summary": "Clean Slate for Kids Online Act of 2018 This bill amends the Children's Online Privacy Protection Act of 1998 to require the operator of any website or online service directed to children: to provide notice on the website about how an individual over age 13, or the guardian of an individual over 13, can request the deletion of all personal information in the operator's possession collected when the individual was a child; to promptly delete, upon request, all personal information in the operator's possession that was collected from or about the individual when the individual was a child; and to provide written confirmation of deletion. \"Delete\" means to remove personal information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business. The bill allows a limited exception to the deletion requirement if the personal information collected from or about a child is necessary to respond to judicial process or to provide information to law enforcement agencies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cleaning Product Labeling Act of 2017''. SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT. (a) Labeling Requirement.--Beginning on the date that is 1 year after the date on which the Commission issues regulations under subsection (d), a cleaning product manufactured for sale, offered for sale, distributed in commerce, or imported to the United States after such date shall bear a label on the product's container or packaging with, and the manufacturer of the product shall include on the Internet website of the manufacturer (if the manufacturer maintains an Internet website), a complete and accurate list of all the product's ingredients, including the individual ingredients in dyes, fragrances, and preservatives. Ingredients shall be listed in accordance with the following: (1) Ingredients shall be listed in descending order of predominance in the product by weight, other than ingredients that constitute less than 1 percent of the product, which may be listed at the end in any order. (2) The list of ingredients on the Internet website of the product shall-- (A) include the CAS Registry Number of each ingredient; (B) include an explanation of each ingredient's purpose for being in the cleaning product; and (C) be available in English, Spanish, and any other language the Commission or Administration determines necessary to ensure that users of the product in the United States are informed as to the complete list of the product's ingredients and their function. (b) Treatment of Nonconforming Products.-- (1) Consumer products.--A cleaning product under the jurisdiction of the Commission that is not in conformity with the labeling requirements of subsection (a), including a product the manufacturer of which is not in compliance with the Internet website listing requirement with respect to such product, shall be treated as a substance defined in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)) for purposes of such Act. (2) Other cleaning products.--A cleaning product under the jurisdiction of the Occupational Safety and Health Administration that is not in conformity with the labeling requirements of subsection (a), including a product the manufacturer of which is not in compliance with the Internet website listing requirement with respect to such product, shall be treated as a product in violation of a rule promulgated under section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655). (c) No Effect on Existing Labeling Requirements.--Nothing in this Act shall be interpreted as having any effect on any labeling requirements in effect before the date of enactment of this Act as described in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)), section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472), or the Hazard Communication Standard of the Occupational Safety and Health Administration. (d) Rulemaking Authority of the Consumer Product Safety Commission.--Not later than 1 year after the date of the enactment of this Act, in consultation with the Administrator of the Environmental Protection Agency as necessary, the Commission shall issue regulations for cleaning products under the jurisdiction of the Commission-- (1) to ensure a standardized method of listing ingredients in an accessible, uniform, and legible manner on both the label and Internet website of a product as required by subsection (a); and (2) to provide for the effective enforcement of this Act. (e) Rulemaking Authority of the Occupational Safety and Health Administration.--Not later than 1 year after the date of the enactment of this Act, in consultation with the Administrator of the Environmental Protection Agency as necessary, the Secretary of Labor shall issue regulations, including occupational safety or health standards, for cleaning products under the jurisdiction of the Administration-- (1) to ensure a standardized method of listing ingredients in an accessible, uniform, and legible manner on both the label and website of a product as required by subsection (a); and (2) to provide for the effective enforcement of this Act. (f) Preservation of Existing Agency Jurisdiction.--Nothing in this Act shall be construed as having any effect on which cleaning products fall within the jurisdiction of the Commission or the Occupational Safety and Health Administration. SEC. 3. PUBLIC RIGHT TO KNOW PETITION. (a) Petition.--Any person may submit a petition to the agency of jurisdiction alleging that a cleaning product available in interstate commerce does not satisfy the labeling requirements of this Act, including a product the manufacturer of which is not in compliance with the requirement to list the product's ingredients on its Internet website. (b) Action by the Agency of Jurisdiction.--The agency of jurisdiction shall notify a petitioner of the receipt of a petition within 30 days after receipt of such petition. The agency shall investigate the claims made by the petition and make a determination as to the validity of such claims within 180 days after acknowledging the receipt of such petition. If the agency sustains the claim or claims made by the petition, the agency shall initiate the proper enforcement actions required by law. (c) Regulations.--The agency of jurisdiction may issue such regulations as it determines necessary to require that petitions include a reasonable evidentiary basis for the claims made therein. SEC. 4. RELATIONSHIP TO STATE LAWS. Nothing in this Act affects the right of a State or political subdivision of a State to adopt or enforce any regulation, requirement, or standard of performance that is different from, or in addition to, a regulation, requirement, liability, or standard of performance established pursuant to this Act unless compliance with both this Act and the State or political subdivision of a State regulation, requirement, or standard of performance is impossible, in which case the applicable provision of this Act shall control. SEC. 5. DEFINITIONS. In this Act: (1) Agency of jurisdiction.--The term ``agency of jurisdiction'' means the Occupational Safety and Health Administration with respect to cleaning products and matters under the jurisdiction of the Administration and the Commission with respect to cleaning products and matters under the jurisdiction of the Commission. (2) Air care product.--The term ``air care product'' means a mixture of one or more chemicals the purpose of which is to clean and freshen air or to deodorize and neutralize unwanted odors in the indoor air, including solid gels, air freshener spray, an outlet or battery operated air freshener, a hanging car air freshener, and a potpourri product. (3) Automotive product.--The term ``automotive product'' means a chemically formulated consumer product designed to maintain the appearance of a motor vehicle, but does not include automotive paint or a paint repair product. (4) Cleaning product.--The term ``cleaning product'' means any chemically formulated product used primarily for commercial, domestic, or institutional cleaning purposes, including an air care product, automotive product, disinfectant (except as provided in subparagraph (B)), and polish or floor maintenance product. Such term shall not include-- (A) any drug or cosmetic, including personal care items such as toothpaste, shampoo, and hand soap; or (B) a product labeled, advertised, marketed, and distributed for use only as a pesticide, as defined by section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(u)), including a disinfectant intended for use solely on critical or semi-critical devices as described by such section. (5) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (6) Ingredient.--The term ``ingredient'' means a chemical intentionally incorporated in a cleaning product, including-- (A) a chemical intentionally added to the product that provides a technical or functional effect; (B) the intentional breakdown product of a chemical that has an effect on the cleaning product; (C) with respect to a fragrance or preservative, each individual component part of the fragrance or preservative; and (D) any individual component of an ingredient or of an incidental ingredient that the Commission determines should be considered an ingredient. (7) Incidental ingredient.--The term ``incidental ingredient'' means a chemical in a cleaning product, including-- (A) any substance that is present by reason of having been added to a cleaning product during processing for its technical or functional effect; (B) a chemical that has no technical or functional effect but is present by reason of having been incorporated into the cleaning product as a component of an ingredient of another chemical; and (C) any contaminant that may form via reactions over the shelf life of a cleaning product and that may be present at levels where detection is technologically feasible. (8) Polish or floor maintenance product.--The term ``polish or floor maintenance product'' means a chemically formulated consumer product designed to polish, protect, or maintain furniture, floors, metal, leather, or other surfaces, including polish, wax, and restorer. (9) Secretary of labor.--The term ``Secretary of Labor'' means the Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health.", "summary": "Cleaning Product Labeling Act of 2017 This bill requires chemically formulated cleaning products to bear a label with, and requires manufacturers to include on their Internet websites, a list of all of the product's ingredients (including individual ingredients in dyes, fragrances, and preservatives) in descending order of predominance by weight, except that ingredients that constitute less than 1% of the product can be listed at the end in any order. Product websites must include: (1) the CAS Registry Number of each ingredient, and (2) an explanation of each ingredient's purpose. A product that is not in conformity with the labeling and website listing requirements shall be treated as: (1) a misbranded hazardous substance under the Federal Hazardous Substances Act if it is under the jurisdiction of the Consumer Product Safety Commission (CPSC), or (2) a violation of rules under the Occupational Safety and Health Act of 1970 if it is under the jurisdiction of the Occupational Safety and Health Administration (OSHA). The CPSC and OSHA must issue regulations to enforce this bill. A person may petition the CPSC or OSHA to investigate claims that a product does not satisfy these requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Inpatient Rehabilitation Therapy Act of 2017''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Intensive, coordinated medical rehabilitation provided in inpatient rehabilitation hospitals and units is critical to Medicare beneficiaries with injuries, illnesses, disabilities, and chronic conditions in order to return to health, full function, independent living, and a high quality of life. (2) The Centers for Medicare & Medicaid Services (in this section referred to as ``CMS'') uses an ``intensity of therapy'' requirement to help determine which Medicare beneficiaries are appropriate for treatment in an inpatient rehabilitation hospital or unit. CMS has interpreted the intensity of therapy requirement through application of the so- called ``Three Hour Rule'' (42 C.F.R. 412.622(a)(3)(ii)) which requires the patient to be able to participate in three hours of rehabilitation therapy per day, five days per week, or 15 hours of rehabilitation therapy over a one-week period. (3) Before 2010, CMS regulations explicitly stated that physical therapy, occupational therapy, speech therapy, and/or orthotics and prosthetics were counted toward the Three Hour Rule on an as-needed basis. In addition, CMS regulations stated that ``other therapeutic modalities'' that were determined by the physician and the rehabilitation team to be needed by the patient ``on a priority basis'' would qualify toward satisfaction of the rule (HCFA Ruling 85-2). (4) This language allowed recreational therapy to count toward satisfaction of the Three Hour Rule for patients who required this mix of therapies on a priority basis in the inpatient rehabilitation hospital or unit setting. (5) CMS by regulation (74 Fed. Reg. 39811 (August 7, 2009)) revised these prior regulations, effective January 1, 2010, by limiting the Three Hour Rule to recognize only four services (namely, physical, occupational, and speech therapy as well as orthotics and prosthetics) and removing the discretion of the physician and the rehabilitation team to count other therapeutic services needed by the patient toward satisfaction of the Three Hour Rule. As a result, recreational therapy services are often not available to patients who require medically necessary recreational therapy as part of their plan of care. (6) Recreational therapy is a treatment service designed to restore, remediate, and rehabilitate a patient's level of functioning and independence in life activities, to promote health and wellness as well as to reduce or eliminate the activity limitations and restrictions to participation in life situations caused by an illness or disabling condition. Recreational therapy in the inpatient rehabilitation hospital and unit setting is provided by qualified recreational therapists when required by the patient's condition and prescribed by a physician as part of a patient's plan of care. (b) Purpose.--It is the purpose of this Act to restore reliance on the professional judgment of the treating physician and the rehabilitation team when determining whether a Medicare patient meets the intensity of therapy requirement of an inpatient rehabilitation hospital or unit in order for that patient to gain access to the appropriate mix of medically necessary therapeutic rehabilitation services in that setting, including physical therapy, occupational therapy, and, as needed, speech therapy, orthotics and prosthetics, and recreational therapy. SEC. 3. INCLUDING RECREATIONAL THERAPY AMONG THE THERAPY MODALITIES THAT CONSTITUTE AN INTENSIVE REHABILITATION THERAPY PROGRAM IN DETERMINING THE MEDICAL NECESSITY OF SERVICES IN AN INPATIENT REHABILITATION FACILITY (IRF). (a) In General.--Section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)) is amended by adding at the end the following new paragraph: ``(9) Including recreational therapy among therapy modalities that constitute an intensive rehabilitation therapy program in a rehabilitation facility.--The Secretary shall include recreational therapy services among the therapeutic modalities that constitute an intensive rehabilitation program in determining (pursuant to applicable regulations) whether inpatient services in a rehabilitation facility are reasonable and necessary under section 1862(a)(1)(A).''. (b) Effective Date.--The amendment made by section (a) shall apply to services furnished on or after January 1, 2018.", "summary": "Access to Inpatient Rehabilitation Therapy Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare & Medicaid Services, for purposes of determining whether inpatient rehabilitation-facility services are reasonable and necessary under Medicare, to include recreational-therapy services among the therapeutic modalities that constitute an intensive rehabilitation-therapy program."}
{"article": "SECTION 1. EXCHANGE OVERSIGHT. Subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.) is amended by adding at the end the following: ``PART 6--EXCHANGE OVERSIGHT ``SEC. 1351. BOARD OF DIRECTORS AND CEO. ``(a) In General.--There is established the Marketplace Health Insurance Corporation headed by a Chief Executive Officer and directed by a Board of Directors, to oversee management of the Federal Exchange and State Exchanges, and to provide health insurance oversight. ``(b) CEO.-- ``(1) In general.--The President shall appoint a Chief Executive Officer, by and with the consent of the Senate, who shall be responsible for administering the Federal Exchange, for overseeing State Exchanges, and for health insurance oversight. ``(2) Authorities and duties.--The Chief Executive Officer shall-- ``(A) report directly to the President; ``(B) be accountable for implementation of the Federal Exchange and oversight of the State Exchanges; ``(C) be responsible for all Federal health insurance oversight; and ``(D) serve the public interest of individuals seeking health insurance, serve businesses seeking access to health coverage through the Exchanges, and ensure the efficient operation and function of the Exchanges. ``(3) Requirement.--To be eligible for appointment as Chief Executive Officer, an individual shall have a background in health care issues and private-sector management experience. ``(c) Board of Directors.-- ``(1) Establishment.--There is established a Board of Directors of the Marketplace Health Insurance Corporation. ``(2) Duties.--The Board of Directors shall advise the Chief Executive Officer on the operation of the Federal Exchange, implementation of the State Exchanges, and health insurance oversight, including-- ``(A) the functionality of healthcare.gov (or any subsequent Internet site), including SHOP exchanges; ``(B) ensuring that enrollment information is properly transferred from healthcare.gov (or any subsequent Internet site) to State Medicaid agencies; ``(C) accuracy of enrollee information submitted through the Exchanges; ``(D) ensuring the accuracy of advanced premium tax credits; ``(E) ensuring the accuracy of payment to insurers; ``(F) enhancement of the consumer experience when comparing plans, including out-of-pocket costs, and searching for a specific provider or drug formulary; ``(G) overseeing the selection of plans offered on the Federal Exchange, including sufficient network adequacy and transparency requirements; ``(H) providing recommendations to the Secretary of the Treasury with respect to the implementation of section 4980H of the Internal Revenue Code of 1986 and potential policy changes with respect to such section and associated reporting requirements; ``(I) creating an automated appeals system for healthcare.gov (or any subsequent Internet site); ``(J) overseeing the transition from a State Exchange to the Federal Exchange; ``(K) enabling online enrollment in health insurance plans through the Exchanges for small businesses and employee choice for employees of small businesses; ``(L) overseeing the Federal contracting related to healthcare.gov (or any subsequent Internet site); ``(M) providing recommendations to the Office of Personal Management on the oversight and administration of the multi-State plan program; and ``(N) additional matters, as determined by the Secretary of Health and Human Services, the Chief Executive Officer, or President. ``(3) Membership.--The Board of Directors shall be comprised of the following: ``(A) The Secretary of Health and Human Services. ``(B) The Administrator of the Centers for Medicare & Medicaid Services. ``(C) The Commissioner of the Internal Revenue Service. ``(D) The Administrator of the Small Business Administration. ``(E) Three representatives of the private sector who have demonstrated knowledge in individual health care coverage, small employer health care coverage, administering a public or private health care delivery system, operating complex information system technologies, or promoting health and wellness, appointed by the Comptroller General of the United States. ``(4) Terms.-- ``(A) Officers of the federal government.--Each member of the Board of Directors described in subparagraphs (A) through (D) of paragraph (3) shall serve for a term that is concurrent with the member's term as an officer within the Federal department or agency. ``(B) Other members.--Each member of the board described in paragraph (3)(E) shall be appointed for a term of 3 years and may be reappointed for a term of an additional 2 years. ``(5) Chairperson.--The Secretary of Health and Human Services shall serve as Chair of the Board of Directors. ``(d) Technical Advisory Committee.-- ``(1) In general.--To assist the Chief Executive Officer and Board of Directors in carrying out their duties, the Board of Directors shall establish a technical advisory committee. ``(2) Membership.--The technical advisory committee shall be comprised of the following: ``(A) One technical expert from the Centers for Medicare & Medicaid Administration. ``(B) One representative of the health insurance industry. ``(C) One representative of health care consumer groups. ``(D) One representative of the National Association of Insurance Commissioners. ``(E) One representative of the State Medicaid agencies. ``(F) One representative from the small business community. ``(G) One representative of Federal information technology contractors involved in the operation and development of healthcare.gov (or any subsequent Internet site). ``(H) At the discretion of the Chair of the Board of Directors, up to 2 additional members, selected by the Chair and approved by the Chief Executive Officer. ``(3) Chair.--The Chair of the Board of Directors shall appoint one member of the technical advisory committee to serve as Chair of such committee. ``(4) Terms.--Each member of the technical advisory committee shall be appointed for a term of 3 years and may be reappointed for a term of an additional 2 years. ``(e) Work Plan and Report.-- ``(1) Work plan.--Not later than 3 months after the date of enactment of this section, the Chief Executive Officer, in cooperation with the Board of Directors, shall develop a work plan with respect to duties described in subsection (c)(2), indicating the priority and schedule the Board of Directors will take in addressing such duties. The work plan shall be displayed on healthcare.gov (or any subsequent Internet site). ``(2) Annual report.--Not later than February 1 of each year, the Chief Executive Officer, in consultation with the Board of Directors, shall submit an annual report to the President and Congress on the status of the Federal Exchange and related insurance oversight, including progress made on the duties of the Chief Executive Officer and Board of Directors under subsection (c)(2) and remaining issues to be addressed to enhance the functionality of healthcare.gov (or any subsequent Internet site).''.", "summary": "Amends the Patient Protection and Affordable Care Act to establish the Marketplace Health Insurance Corporation, with a Chief Executive Officer (CEO) and Board of Directors, to oversee health care exchanges and health insurance. Directs the President, with the consent of the Senate, to appoint as CEO an individual with a background in health care issues and private-sector management experience. Requires the Board of Directors to advise the CEO on issues including: (1) the functionality of healthcare.gov, (2) the selection of federal exchange health plans, (3) ensuring the accuracy of premium subsidies, and (4) the transition from a state exchange to the federal exchange. Requires the Board of Directors to establish a technical advisory committee to assist the Board of Directors and CEO in carrying out their duties."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Cup Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) 34th america's cup.--The term ``34th America's Cup''-- (A) means the sailing competitions, commencing in 2011, to be held in the United States in response to the challenge to the defending team from the United States, in accordance with the terms of the America's Cup governing Deed of Gift, dated October 24, 1887; and (B) if a United States yacht club successfully defends the America's Cup, includes additional sailing competitions conducted by America's Cup Race Management during the 1-year period beginning on the last date of such defense. (2) America's cup race management.--The term ``America's Cup Race Management'' means the entity established to provide for independent, professional, and neutral race management of the America's Cup sailing competitions. (3) Eligibility certification.--The term ``Eligibility Certification'' means a certification issued under section 4. (4) Eligible vessel.--The term ``eligible vessel'' means a competing vessel or supporting vessel of any registry that-- (A) is recognized by America's Cup Race Management as an official competing vessel, or supporting vessel of, the 34th America's Cup, as evidenced in writing to the Administrator of the Maritime Administration of the Department of Transportation; (B) transports not more than 25 individuals, in addition to the crew; (C) is not a ferry (as defined under section 2101(10b)) of title 46, United States Code; (D) does not transport individuals in point-to- point service for hire; and (E) does not transport merchandise between ports in the United States. (5) Supporting vessel.--The term ``supporting vessel'' means a vessel that is operating in support of the 34th America's Cup by-- (A) positioning a competing vessel on the race course; (B) transporting equipment and supplies utilized for the staging, operations, or broadcast of the competition; or (C) transporting individuals who-- (i) have not purchased tickets or directly paid for their passage; and (ii) who are engaged in the staging, operations, or broadcast of the competition, race team personnel, members of the media, or event sponsors. SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. Notwithstanding sections 55102, 55103, and 55111 of title 46, United States Code, an eligible vessel, operating only in preparation for, or in connection with, the 34th America's Cup competition, may position competing vessels and may transport individuals and equipment and supplies utilized for the staging, operations, or broadcast of the competition from and around the ports in the United States. SEC. 4. CERTIFICATION. (a) Requirement.--A vessel may not operate under section 3 unless the vessel has received an Eligibility Certification. (b) Issuance.--The Administrator of the Maritime Administration of the Department of Transportation is authorized to issue an Eligibility Certification with respect to any vessel that the Administrator determines, in his or her sole discretion, meets the requirements set forth in section 2(4). SEC. 5. ENFORCEMENT. Notwithstanding sections 55102, 55103, and 55111 of title 46, United States Code, an Eligibility Certification shall be conclusive evidence to the Secretary of the Department of Homeland Security of the qualification of the vessel for which it has been issued to participate in the 34th America's Cup as a competing vessel or a supporting vessel. SEC. 6. PENALTY. Any vessel participating in the 34th America's Cup as a competing vessel or supporting vessel that has not received an Eligibility Certification or is not in compliance with section 12112 of title 46, United States Code, shall be subject to the applicable penalties provided in chapters 121 and 551 of title 46, United States Code. SEC. 7. VESSEL DOCUMENTATION EXEMPTION. (a) In General.--Notwithstanding sections 12112 and 12132 and chapter 551 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for each of the following vessels: (1) LNG GEMINI (United States official number 595752). (2) LNG LEO (United States official number 595753). (3) LNG VIRGO (United States official number 595755). (b) Limitation on Operation.--Coastwise trade authorized under subsection (a) shall be limited to carriage of natural gas, as that term is defined in section 3(13) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(13)). (c) Termination of Effectiveness of Endorsements.--The coastwise endorsement issued under subsection (a) for a vessel shall expire on the date of the sale of the vessel by the owner of the vessel on the date of enactment of this Act to a person who is not related by ownership or control to such owner. SEC. 8. OPERATION OF DRY DOCK IN KETCHIKAN, ALASKA. A vessel transported in Dry Dock #2 (State of Alaska registration AIDEA FDD-2) is not merchandise for purposes of section 55102 of title 46, United States Code, if, during such transportation, Dry Dock #2 remains connected by a utility or other connecting line to pierside moorage located in Ketchikan, Alaska. Passed the Senate November 3, 2011. Attest: Secretary. 112th CONGRESS 1st Session S. 1759 _______________________________________________________________________ AN ACT To facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible vessels to participate in activities related to the competition.", "summary": "America's Cup Act of 2011 - Authorizes vessels operating in preparation for, or in connection with, the 34th America's Cup competition, that have been certified by the Administrator of the Maritime Administration to be eligible vessels, to position competing vessels and transport individuals, equipment, and supplies utilized for the staging, operations, or broadcast of the competition from and around U.S. ports. Deems such an eligibility certification to be conclusive evidence to the Secretary of the Department of Homeland Security (DHS) of the qualification of a vessel to participate in the competition. Subjects any vessel participating in the 34th America's Cup as a competing or supporting vessel that has not received an eligibility certification or that is not in compliance with provisions regarding coastwise endorsement to specified penalties. Directs the Secretary of the department in which the Coast Guard is operating to issue a certificate of documentation with a coastwise endorsement limited to the carriage of natural gas for the LNG GEMINI, the LNG LEO, and the LNG VIRGO. Terminates such endorsement if such a vessel's owner on the date of enactment of this Act sells it to a person who is not related by ownership or control. Declares that a vessel transported in Dry Dock #2 (Alaska registration AIDEA FDD-2) is not merchandise for purposes of requirements applicable to transporting merchandise between points in the United States to which the coastwise laws apply if, during such transportation, Dry Dock #2 remains connected by a utility or other connecting line to pier side moorage located in Ketchikan, Alaska."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Precision Agriculture Research, Education, and Information Dissemination Act of 1996''. SEC. 2. EMPHASIS ON COMPETITIVE GRANTS TO PROMOTE PRECISION AGRICULTURE. (a) Promotion of Precision Agriculture.--Subsection (k) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89-106; 7 U.S.C. 450i) is amended to read as follows: ``(k) Emphasis on Precision Agriculture.-- ``(1) Definitions.--In this subsection: ``(A) Advisory board.--The term `advisory board' means the National Agricultural Research, Extension, Education, and Economics Advisory Board established under section 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123). ``(B) Agricultural inputs.--The term `agricultural inputs' includes all farm management, agronomic, and field-applied agricultural production inputs, such as machinery, labor, time, fuel, irrigation water, commercial nutrients, livestock waste, crop protection chemicals, agronomic data and information, application and management services, seed, and other inputs used in agricultural production. ``(C) Precision agriculture.--The term `precision agriculture' means an integrated information- and production-based farming system that is designed to increase long-term site-specific and whole-farm production efficiencies, productivity, and profitability while minimizing unintended impacts on wildlife and the environment by-- ``(i) combining agricultural sciences, agricultural inputs and practices, agronomic production databases, and precision agriculture technologies to efficiently manage agronomic systems; ``(ii) gathering on-farm information pertaining to the variation and interaction of site-specific spatial and temporal factors affecting crop production; ``(iii) integrating the information with appropriate data derived from remote sensing and other precision agriculture technologies in a timely manner in order to facilitate on-farm decisionmaking; and ``(iv) using the information to prescribe and deliver site-specific application of agricultural inputs and management practices in agricultural production systems. ``(D) Precision agriculture technologies.--The term `precision agriculture technologies' includes-- ``(i) instrumentation and techniques ranging from sophisticated sensors and software systems to manual sampling and data collection tools that measure, record, and manage spatial and temporal data; ``(ii) technologies for searching out and assembling information necessary for sound agricultural production decisionmaking; ``(iii) open systems technologies for data networking and processing that produce valued systems for farm management decisionmaking, including high bandwidth networks, distributed processing, spatial databasing, object technology, global positioning systems, data modeling, high performance image processing, high resolution satellite imagery, digital orthophotgrammetry simulation, geographic information systems, computer aided design, and digital cartography; and ``(iv) machines that deliver information based management practices, including global positioning satellites, digital field mapping, on-the-go yield monitoring, automated pest scouting, and site-specific agricultural input application to accomplish the objectives of precision agriculture. ``(E) Systems research.--The term `systems research' means an integrated, coordinated, and iterative investigative process that considers the multiple interacting components and aspects of precision agriculture systems, including synthesis of new knowledge regarding the physical-chemical- biological processes and complex interactions with cropping and natural resource systems, precision agriculture technologies development and implementation, data and information collection and interpretation, production scale planning, production- scale implementation, and farm production efficiencies, productivity, and profitability. ``(2) Emphasis on research, education, and information dissemination grants.--The Secretary of Agriculture, in collaboration with the advisory board, shall ensure that research, education, and information dissemination grants made under subsection (b) are, where appropriate, consistent with the development and promotion of precision agriculture. Research, education, and information dissemination projects supported by the grants and designed to develop and demonstrate precision agriculture shall address 1 or more of the following: ``(A) The study and promotion of components of precision agriculture technologies using a systems research approach designed to increase long-term site- specific and whole-farm production efficiencies, productivity, and profitability. ``(B) The improvement in the understanding of agronomic systems, including soil, water, land cover, and meteorological variability. ``(C) The development, demonstration, and dissemination of information regarding precision agriculture technologies and systems into an integrated program. ``(D) The promotion of systems research and education projects focusing on the integration of the multiple aspects of precision agriculture, including development, production-scale implementation, and farm production efficiencies, productivity, and profitability. ``(E) The education of agricultural producers and consumers regarding the benefits of precision agriculture as it relates to increased long-term farm production efficiencies, productivity, and profitability, as well as the maintenance of the environment and improvements in international trade. ``(F) The provision of training and educational programs for State cooperative extension services agents, agricultural producers, agricultural input machinery, product, and service providers, and certified crop advisers and other professionals involved in the agricultural production and transfer of integrated precision agriculture technology. ``(3) Priorities for research, education, and information dissemination grants.--In making grants to eligible entities under subsection (b) regarding precision agriculture, the Secretary, in collaboration with the advisory board, shall give priority to research, education, and information dissemination projects that are designed to accomplish the following: ``(A) The use of precision agriculture technologies and a systems research approach to increase long-term site-specific and whole-farm production efficiencies, productivity, and profitability. ``(B) The integration of research, education, and information dissemination components in a practical and readily available manner so that the findings of the project will be made readily usable by farmers. ``(C) The promotion of the efficient use of agricultural inputs, rather than the uniform reduction in the use of agricultural inputs. ``(D) The maximization of the involvement and cooperation of precision agriculture producers, certified crop advisers, State cooperative extension services agents, and agricultural input machinery, product, and service providers in precision agriculture systems research projects involving on-farm research, education, and information dissemination of precision agriculture. ``(E) The cooperation among farms that are managed using precision agriculture farm production practices, nonprofit organizations, agribusinesses, agricultural input machinery, product, and service providers, land- grant colleges and universities, the State cooperative extension services, and Government agencies (including national laboratories). ``(F) The benefits of precision agriculture in relationship to global food production, reducing world hunger, world population trends, and efforts to maintain and enhance the environment. ``(G) The diversity of United States agricultural production, including production on family owned and operated farms, large acreage farms, small acreage farms, and mixed crop, specialty crop, commodity crop, and livestock operations. ``(H) The maximization of collaboration with multiple agencies and other partners that includes leveraging of funds and resources. ``(4) Education and information dissemination.-- ``(A) Reservation of funds for projects.--Of the funds allocated for competitive research grants under subsection (b) related to precision agriculture, the Secretary shall reserve a portion of the funds for education and information dissemination projects regarding precision agriculture. ``(B) Compliance with priorities for information dissemination.--In the dissemination of information derived from research projects regarding precision agriculture that are supported by grants made under subsection (b), the Secretary shall ensure that both employees of the Department of Agriculture and grant recipients comply with the priorities specified in paragraph (3). ``(5) Precision agriculture partnerships.-- ``(A) Establishment.--For the purposes of this section, the Secretary, in collaboration with the advisory board, shall encourage the establishment of appropriate multistate and national partnerships or consortia between-- ``(i) land-grant colleges and universities, State Agricultural Experiment Stations, State cooperative extension services, other colleges and universities with demonstrable expertise regarding precision agriculture, agencies of the Department of Agriculture, national laboratories, agribusinesses, agricultural equipment and input manufacturers and retailers, certified crop advisers, commodity organizations, other Federal or State government entities and agencies, and non- agricultural industries and nonprofit organizations with demonstrable expertise regarding precision agriculture; and ``(ii) the persons and entities described in clause (i) and agricultural producers and other land managers. ``(B) Partnership between national laboratories and department of agriculture.--The partnerships established pursuant to this paragraph shall include the partnership entered into (before the date of the enactment of this paragraph) by the Secretary of Energy, on behalf of the national laboratories, and the Secretary of Agriculture to promote cooperation and coordination between the national laboratories and agencies of the Department of Agriculture in the areas of systems research, technology research and development, and the transfer, utilization, and private-sector commercialization of technology. ``(C) Role of partnerships.--Partnerships described in subparagraphs (A) and (B) shall be eligible grantees for conducting systems research (including on-farm research) regarding precision agriculture and precision agriculture technologies. ``(6) Special aspects of research grants.--As part of a research project regarding precision agriculture that is funded under subsection (b), the grant recipient shall agree, to the extent practicable, to-- ``(A) study precision agriculture production systems that are located in areas that possess diverse crop, soil, climate, and physical characteristics; ``(B) study farms that are or have been managed using precision agriculture farm production practices that rely on the efficient use of agricultural inputs and precision agriculture technologies to increase farm production efficiency, productivity, and profitability; ``(C) conduct demonstration projects on farms that will be managed using precision agriculture; ``(D) take advantage of the experience and expertise of agricultural producers through their direct participation and leadership in projects; ``(E) utilize advanced access and communications technologies to transfer practical, reliable, and timely information to agricultural producers concerning precision agriculture practices, technologies, and systems; and ``(F) promote partnerships among producers, nonprofit organizations, agribusinesses, agricultural input machinery, product, and service providers, colleges and universities, the State cooperative extension services, and Government agencies (including national laboratories).''. (b) Reporting Requirements.--Subsection (l) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89- 106; 7 U.S.C. 450i) is amended to read as follows: ``(l) Reporting Requirements of Grant Recipients.--In addition to the recordkeeping responsibilities of recipients of assistance under this section, as prescribed by the Secretary under subsection (f), the Secretary shall prescribe regulations to require grant recipients to submit to the Secretary periodic reports regarding the research, education, and information dissemination activities supported with the assistance so as to enhance the usefulness of the monitoring and evaluation system developed by the Secretary under section 1413A(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3129(b)).''. (c) Entities Eligible for Grants.--Subsection (b)(1) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89-106; 7 U.S.C. 450i) is amended-- (1) by inserting after ``Federal agencies'' the following: ``(including laboratories as defined in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)))''; and (2) by inserting after ``corporations'' the following: ``(including agricultural input machinery, product, and service providers)''. (d) Precision Agriculture Research, Extension, and Education, Under Fund for Rural America.--Section 793(c)(2)(A) of the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127; 7 U.S.C. 2204f(c)(2)(A)) is amended-- (1) by striking ``and'' at the end of clause (vii); (2) by striking the period at the end of clause (viii) and inserting ``; and''; and (3) by inserting after clause (viii) the following: ``(ix) develop and promote precision agriculture and precision agriculture technologies using a systems research approach, as the terms are defined in subsection (k)(1) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89- 106; 7 U.S.C. 450i).''. (e) Technical Amendment.--Subsection (b)(9)(A) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89- 106; 7 U.S.C. 450i) is amended by striking ``subsection (j)'' and inserting ``subsection (k)''.", "summary": "Precision Agriculture Research, Education, and Information Dissemination Act of 1996 - Amends the Competitive, Special, and Facilities Research Grant Act to emphasize competitive grants that promote precision agriculture (as defined by this Act) research projects and to promote dissemination of such projects' results. Provides for the establishment of multistate and national agriculture partnerships, including existing partnerships between national laboratories (Secretary of Energy) and the Department of Agriculture. Amends the Federal Agriculture Improvement and Reform Act of 1996 to include precision agriculture within the research categories of the Fund for Rural America."}
{"article": "SECTION 1. MODIFICATIONS TO ENCOURAGE CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE FOR CONSERVATION PURPOSES AND QUALIFIED CONSERVATION CONTRIBUTIONS. (a) Contributions of Capital Gain Real Property Made for Conservation Purposes and of Qualified Conservation Contributions Not Subject to Special Limitation on Contributions of Capital Gain Property.--Subparagraph (C) of section 170(b)(1) of the Internal Revenue Code of 1986 (relating to special limitation with respect to contributions described in subparagraph (A) of capital gain property) is amended by redesignating clause (iv) as clause (v) and by inserting after clause (iii) the following new clause: ``(iv) In the case of charitable contributions described in subparagraph (A) of capital gain property, clauses (i) and (ii) shall not apply to-- ``(I) any qualified conservation contribution (as defined in section 170(h)), or ``(II) any other contribution of capital gain property which is real property if the contribution is of the donor's entire interest in such property and is to a qualified organization (as defined in section 170(h)(3)) which is organized for conservation purposes (as defined in section 170(h)(4)(A)) and which provides the taxpayer, at the time of such donation, a letter of intent which contains an acknowledgment of the donee's intent that the property is being acquired for any such conservation purpose.''. (b) Unlimited Carryover for Contributions of Capital Gain Real Property for Conservation Purposes and of Qualified Conservation Contributions of Capital Gain Property.--Paragraph (1) of section 170(d) of such Code in amended by adding at the end the following new subparagraph: ``(C) Unlimited carryover for contributions of capital gain real property for conservation purposes and of qualified conservation contributions of capital gain property.--The 5 taxable year limitation in subparagraph (A) shall not apply to any charitable contribution to which clauses (i) and (ii) of subsection (b)(1)(C) do not apply by reason of clause (iv) thereof. For purposes of this paragraph, the excess described in the material preceding clause (i) of subparagraph (A) shall be treated as attributable to contributions described in the preceding sentence of this subparagraph to the extent of such contributions.''. (c) Effective Date.--The amendment made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. SEC. 2. MODIFICATION OF RULES RELATING TO ESTATE TAX EXCLUSION FOR LAND SUBJECT TO QUALIFIED CONSERVATION EASEMENT. (a) Repeal of Certain Restrictions on Where Land Is Located.-- Clause (i) of section 2031(c)(8)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(i) which is located in the United States or any possession of the United States,''. (b) Repeal of Limitation on Exclusion.-- (1) In general.--Paragraph (1) of section 2031(c) of such Code is amended by striking ``the lesser of--'' and all that follows and inserting ``the applicable percentage of the value of land subject to a qualified conservation easement, reduced by the amount of any deduction under section 2055(f) with respect to such land.'' (2) Conforming amendments.-- (A) Subsection (c) of section 2031 of such Code is amended by striking paragraph (3) and by redesignating paragraphs (4) through (10) as paragraphs (3) through (9), respectively. (B) Paragraphs (2) and (6) of section 2031(c) of such Code, as redesignated by subparagraph (A), are each amended by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (C) Paragraphs (1), (6), and (7)(A)(iii) of section 2031(c) of such Code, as redesignated by subparagraph (A), are each amended by striking ``paragraph (6)'' and inserting ``paragraph (5)''. (c) Date for Determining Value of Land and Easement.--Paragraph (2) of section 2032(c) of such Code (defining applicable percentage) is amended by adding at the end the following new sentence: ``The values taken into account under the preceding sentence shall be such values as of the date of the contribution referred to in paragraph (7)(B).'' (d) Certain Commercial Recreational Uses Permitted.--Subparagraph (B) of section 2031(c)(7) of such Code, as redesignated by subsection (b), is amended to read as follows: ``(B) Qualified conservation easement.-- ``(i) In general.--The term `qualified conservation easement' means a qualified conservation contribution (as defined in section 170(h)(1)) of a qualified real property interest (as defined in section 170(h)(2)(C)), except that clause (iv) of section 170(h)(4)(A) shall not apply, and the restriction on the use of such interest described in section 170(h)(2)(C) shall include a prohibition on more than a de minimis use for a commercial recreational activity. ``(ii) Special rules.--For purposes of this paragraph-- ``(I) Retained rights.--Rights retained in the conservation easement to lease the land for hunting and fishing, so long as such leases are not inconsistent with the conservation purpose of the easement, shall be deemed to be de minimis use. ``(II) Pre-effective date easements.--Easements otherwise qualifying under the provisions of this subsection that were donated on or before the date of the enactment of this subclause, shall be deemed to allow no more than de minimis use for a commercial recreational activity unless by their terms they expressly provide for commercial recreational activity in excess of that otherwise allowed by this subparagraph. ``(III) Authority to extinguish right of commercial recreation activity.--For purposes of this section, if the executor of an estate and every person in being who has an interest in the land execute an agreement to amend or extinguish any right under the easement of commercial recreation activity in the land so as to ensure that such land is used for no more than de minimis commercial recreational activity, such agreement shall be treated as in effect as of the date of the election described in paragraph (5).'' (e) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to exclude contributions of any qualified conservation contribution or capital gain real property made for conservation purposes from the application of the special limitation on contributions of capital gain property and from the application of the five-year carryover limitation. Repeals specified property location restrictions on the estate tax exclusion for property subject to a qualified conservation easement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Truth and Fairness Act of 1997''. SEC. 2. BAN ON SOFT MONEY IN ELECTIONS FOR FEDERAL OFFICE. (a) Soft Money of Committees of Political Parties.--Title III of the Federal Election Campaign Act of 1971 is amended by adding at the end the following new section: ``soft money of political party committees ``Sec. 323. (a) Limitations on National Committee.--(1) A national committee of a political party and the congressional campaign committees of a political party may not solicit or accept contributions or transfers not subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Paragraph (1) shall not apply to contributions-- ``(A) that-- ``(i) are to be transferred to a State committee of a political party and are used solely for activities described in clauses (xi) through (xvii) of paragraph (9)(B) of section 301; or ``(ii) are described in section 301(8)(B)(viii); and ``(B) with respect to which contributors have been notified that the funds will be used solely for the purposes described in subparagraph (A). ``(b) Activities Subject to This Act.--Any amount solicited, received, expended, or disbursed directly or indirectly by a national, State, district, or local committee of a political party with respect to any of the following activities shall be subject to the limitations, prohibitions, and reporting requirements of this Act: ``(1)(A) Any get-out-the-vote activity conducted during a calendar year in which an election for the office of President is held. ``(B) Any other get-out-the-vote activity unless subsection (c)(2) applies to the activity. ``(2) Any generic campaign activity. ``(3) Any activity that identifies or promotes a Federal candidate, regardless of whether-- ``(A) a State or local candidate is also identified or promoted; or ``(B) any portion of the funds disbursed constitutes a contribution or expenditure under this Act. ``(4) Voter registration. ``(5) Development and maintenance of voter files during an even-numbered calendar year. ``(6) Any other activity that-- ``(A) significantly affects a Federal election, or ``(B) is not otherwise described in section 301(9)(B)(xvii). Any amount spent to raise funds that are used, in whole or in part, in connection with activities described in the preceding paragraphs shall be subject to the limitations, prohibitions, and reporting requirements of this Act. ``(c) Get-Out-The-Vote Activities By State, District, and Local Committees of Political Parties.--(1) Except as provided in paragraph (2), any get-out-the-vote activity for a State or local candidate, or for a ballot measure, which is conducted by a State, district, or local committee of a political party shall be subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Paragraph (1) shall not apply to any activity which the State committee of a political party certifies to the Commission is an activity which-- ``(A) is conducted during a calendar year other than a calendar year in which an election for the office of President is held, ``(B) is exclusively on behalf of (and specifically identifies only) one or more State or local candidates or ballot measures, and ``(C) does not include any effort or means used to identify or turn out those identified to be supporters of any Federal candidate (including any activity that is undertaken in coordination with, or on behalf of, a candidate for Federal office). ``(d) State Party Grassroots Funds.--(1) A State committee of a political party may make disbursements and expenditures from its State Party Grassroots Fund only for-- ``(A) any generic campaign activity; ``(B) payments described in clauses (v), (x), and (xii) of paragraph (8)(B) and clauses (iv), (viii), and (ix) of paragraph (9)(B) of section 301; ``(C) subject to the limitations of section 315(d), payments described in clause (xii) of paragraph (8)(B), and clause (ix) of paragraph (9)(B), of section 301 on behalf of candidates other than for President and Vice President; ``(D) voter registration; and ``(E) development and maintenance of voter files during an even-numbered calendar year. ``(2) Notwithstanding section 315(a)(4), no funds may be transferred by a State committee of a political party from its State Party Grassroots Fund to any other State Party Grassroots Fund or to any other political committee, except a transfer may be made to a district or local committee of the same political party in the same State if such district or local committee-- ``(A) has established a separate segregated fund for the purposes described in paragraph (1); and ``(B) uses the transferred funds solely for those purposes. ``(e) Amounts Received by Grassroots Fund From State and Local Candidate Committees.--(1) Any amount received by a State Party Grassroots Fund from a State or local candidate committee for expenditures described in subsection (b) that are for the benefit of that candidate shall be treated as meeting the requirements of subsection (b) if-- ``(A) such amount is derived from funds which meet the requirements of this Act with respect to any limitation or prohibition as to source or dollar amount specified in section 315(a) (1)(A) and (2)(A); and ``(B) the State or local candidate committee-- ``(i) maintains, in the account from which payment is made, records of the sources and amounts of funds for purposes of determining whether such requirements are met; and ``(ii) certifies that such requirements were met. ``(2) For purposes of paragraph (1)(A), in determining whether the funds transferred meet the requirements of this Act described in such paragraph-- ``(A) a State or local candidate committee's cash on hand shall be treated as consisting of the funds most recently received by the committee, and ``(B) the committee must be able to demonstrate that its cash on hand contains sufficient funds meeting such requirements as are necessary to cover the transferred funds. ``(3) Notwithstanding paragraph (1), any State Party Grassroots Fund receiving any transfer described in paragraph (1) from a State or local candidate committee shall be required to meet the reporting requirements of this Act, and shall submit to the Commission all certifications received, with respect to receipt of the transfer from such candidate committee. ``(4) For purposes of this subsection, a State or local candidate committee is a committee established, financed, maintained, or controlled by a candidate for other than Federal office. ``(f) Related Entities.--The provisions of this Act shall apply to any entity that is established, financed, or maintained by a national committee or State committee of a political party in the same manner as they apply to the national or State committee.'' (b) Contributions and Expenditures.-- (1) Contributions.--Section 301(8)(B) of such Act (2 U.S.C. 431(8)(B)) is amended-- (A) by striking ``and'' at the end of clause (xiii); (B) by striking clause (xiv); and (C) by adding at the end the following new clauses: ``(xiv) any amount contributed to a candidate for other than Federal office; ``(xv) any amount received or expended to pay the costs of a State or local political convention; ``(xvi) any payment for campaign activities that are exclusively on behalf of (and specifically identify only) State or local candidates and do not identify any Federal candidate, and that are not activities described in section 323(b) (without regard to paragraph (6)(B)) or section 323(c)(1); ``(xvii) any payment for administrative expenses of a State or local committee of a political party, including expenses for-- ``(I) overhead, including party meetings; ``(II) staff (other than individuals devoting a significant amount of their time to elections for Federal office and individuals engaged in conducting get-out-the-vote activities for a Federal election); and ``(III) conducting party elections or caucuses; ``(xviii) any payment for research pertaining solely to State and local candidates and issues; ``(xix) any payment for development and maintenance of voter files other than during the 1-year period ending on the date during an even-numbered calendar year on which regularly scheduled general elections for Federal office occur; and ``(xx) any payment for any other activity which is solely for the purpose of influencing, and which solely affects, an election for non- Federal office and which is not an activity described in section 323(b) (without regard to paragraph (6)(B)) or section 323(c)(1).''. (2) Expenditures.--Section 301(9)(B) of such Act (2 U.S.C. 431(9)(B)) is amended-- (A) by striking ``and'' at the end of clause (ix); (B) by striking the period at the end of clause (x) and inserting a semicolon; and (C) by adding at the end the following new clauses: ``(xi) any amount contributed to a candidate for other than Federal office; ``(xii) any amount received or expended to pay the costs of a State or local political convention; ``(xiii) any payment for campaign activities that are exclusively on behalf of (and specifically identify only) State or local candidates and do not identify any Federal candidate, and that are not activities described in section 323(b) (without regard to paragraph (6)(B)) or section 323(c)(1); ``(xiv) any payment for administrative expenses of a State or local committee of a political party, including expenses for-- ``(I) overhead, including party meetings; ``(II) staff (other than individuals devoting a significant amount of their time to elections for Federal office and individuals engaged in conducting get-out-the-vote activities for a Federal election); and ``(III) conducting party elections or caucuses; ``(xv) any payment for research pertaining solely to State and local candidates and issues; ``(xvi) any payment for development and maintenance of voter files other than during the 1-year period ending on the date during an even-numbered calendar year on which regularly scheduled general elections for Federal office occur; and ``(xvii) any payment for any other activity which is solely for the purpose of influencing, and which solely affects, an election for non- Federal office and which is not an activity described in section 323(b) (without regard to paragraph (6)(B)) or section 323(c)(1).''. SEC. 3. EQUALIZATION OF MULTICANDIDATE POLITICAL COMMITTEE CANDIDATE CONTRIBUTION LIMITATION WITH LIMITATION APPLICABLE TO OTHER PERSONS. (a) Persons Generally.--Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking out ``$1,000'' and inserting in lieu thereof ``$2,500''. (b) Multicandidate Political Committees.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000'' and inserting in lieu thereof ``$2,500''. SEC. 4. LIMITATION ON PERSONAL CONTRIBUTIONS BY CANDIDATES IN HOUSE OF REPRESENTATIVES ELECTIONS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not make contributions of more than $100,000 to the campaign of the candidate with respect to an election cycle. As used in this subsection, the term `election cycle' means, with respect to a candidate, the period beginning on the day after the date of the most recent general election for the office involved and ending on the date of the next general election for such office.''.", "summary": "Campaign Truth and Fairness Act of 1997 - Amends the Federal Election Campaign Act of 1971 to prohibit a national committee or a congressional campaign committee of a political party from soliciting or accepting contributions or transfers not subject to the limitations, prohibitions, and reporting requirements of such Act (soft money). Specifies exceptions and inclusions, including get-out-the-vote activities. Specifies permitted State Party Grassroots Fund expenditures. Sets forth specified \"contribution\" and \"expenditure\" exclusions. Increases individual contribution limits to a candidate and his or her political committee, and decreases similar multicandidate political committee limits, to $2,500. Limits personal contributions by a candidate for the House of Representatives to $100,000 per campaign cycle."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Raoul Wallenberg Centennial Celebration Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Raoul Wallenberg was born in Europe on August 4, 1912, to Swedish Christian parents. (2) In 1935, he graduated from the University of Michigan in Ann Arbor. (3) In a letter to his grandfather, Wallenberg wrote of his time in America: ``I feel so at home in my little Ann Arbor that I'm beginning to sink down roots here and have a hard time imagining my leaving it . . . Every now and then I feel strange when I think about how tiny my own country is and how large and wonderful America is.''. (4) Raoul returned to Sweden, where he began a career as a businessman, and afterwards, a Swedish diplomat. (5) In 1936, Raoul's grandfather arranged a position for him at the Holland Bank in Haifa, Palestine. There, Raoul began to meet young Jews who had already been forced to flee from Nazi persecution in Germany. Their stories affected him deeply. (6) He was greatly troubled by the fate of Jews in Europe, confiding to actress Viveca Lindfors the horrific plight of Jews under Nazi Europe. (7) Under the direction of President Franklin D. Roosevelt, the War Refugee Board was established in January 1944, to aid civilians who fell victim to the Nazi and Axis powers in Europe. (8) One of War Refugee Board's top priorities was protection of the 750,000 remaining Jews in Hungary. (9) It was decided that Raoul Wallenberg, aged 31 at the time, would be most effective in protecting Jews and victims of the Nazis in Hungary under the War Refugee Board. He was recruited by Iver Olsen, an agent for the United States Office of Strategic Services and sent to Budapest, Hungary, under his official profession as a Swedish diplomat. He was instructed to use passports and other creative means to save as many lives as possible. (10) Wallenberg created a new Swedish passport, the Schutzpass, which looked more imposing and official than the actual Swedish passport. He reportedly put up huge placards of it throughout Budapest to familiarize the Nazis with it. He unilaterally announced that it granted the holder immunity from the death camps. The Schutzpasses alone are credited with saving 20,000 Jewish lives. (11) In one example of his heroism, Wallenberg was told of a Nazi plot to round up several thousand Jewish women and acted swiftly to save them. Former Wallenberg staffer, Agnes Adachi, recalls the time, when she and her colleagues spent the whole night making approximately 2,000 Schutzpasses before 6 a.m. They were all completed and personally delivered to the women in time to save their lives. (12) Using the money the United States deposited with the War Refugee Board, Wallenberg was able to purchase approximately 30 buildings, which he used as hospitals, schools, soup kitchens, and safe houses for over 8,000 children whose parents had already been deported or killed. (13) Tommy Lapid, a young boy who was staying with his mother in a Swedish safe house (his father was already dead), gave an eyewitness account of how his family was helped by Wallenberg and the War Refugee Board: ``One morning, a group of Hungarian Fascists came into the house and said that all the able-bodied women must go with them. We knew what this meant. My mother kissed me and I cried and she cried. We knew we were parting forever and she left me there, an orphan to all intents and purposes. Then two or three hours later, to my amazement, my mother returned with the other women. It seemed like a mirage, a miracle. My mother was there--she was alive and she was hugging me and kissing me, and she said one word: Wallenberg.''. (14) Even as the war was coming to a close, Wallenberg remained vigilant and attentive to the people under his care. Adolf Eichmann, the SS colonel charged with the extermination of Jews in Eastern Europe, was determined to exterminate the 70,000 Jews kept as prisoners in a guarded ghetto in Budapest. As soon as Wallenberg heard of the plot, he sent Pal Szalay, an Arrow-Crossman senior official, who defected and turned to Wallenberg. Szalay was sent to speak to General Schmidthuber, who was ordered to spearhead the ghetto extermination in Budapest. Szalay informed Schmidthuber that, seeing as the war was coming to an end, if the planned massacre took place, Wallenberg would see to it personally that Schmidthuber would be prosecuted as a war criminal and hanged. The plans were ultimately abandoned and considered Wallenberg's last big victory. (15) Of the 120,000 Jews in Hungary that survived, Raoul Wallenberg, acting under the War Refugee Board, is credited with saving an estimated 100,000 of them in a 6-month period. (16) These findings show that Raoul Wallenberg showed exceptional heroism and bravery with his actions during the Holocaust. Working with the War Refugee Board, a United States agency, he was able to save approximately 100,000 Jews in Hungary, many of whom were later able to immigrate to the United States. (17) Indeed, many American Jews can directly or indirectly attribute their own lives to Raoul Wallenberg's actions during World War II. Many of the people Wallenberg saved have been influential citizens contributing to American institutions and culture, including Congressman Tom Lantos (February 1, 1928- February 11, 2008) and the Liska Rebbe, Rabbi Yoizef (Joseph) Friedlander, who carried forth the Liska Hassidic dynasty from Hungary to the United States after being saved by Raoul Wallenberg. (18) His actions and character make him an excellent contender for a Congressional Gold Medal in time for the centennial of his birth, to celebrate his achievements and humanitarian accomplishments. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to the next of kin or personal representative of Raoul Wallenberg, in recognition of his achievements and heroic actions during the Holocaust. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary (in this Act referred to as the ``Secretary'') may prescribe, the Secretary may strike duplicate medals in bronze of the gold medal struck pursuant to section 3 and sell such duplicate medals at a price sufficient to cover the costs of the duplicate medals (including labor, materials, dies, use of machinery, overhead expenses) and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authorization of Charges.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.", "summary": "Raoul Wallenberg Centennial Celebration Act - Directs The Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation on behalf of the Congress of a gold medal of appropriate design to the next of kin or personal representative of Raoul Wallenberg in recognition of his achievements and heroic actions during the Holocaust."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reinvigorating Antibiotic and Diagnostic Innovation Act of 2015''. SEC. 2. CLINICAL TESTING EXPENSES FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CLINICAL TESTING EXPENSES FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS. ``(a) General Rule.--For purposes of section 38, the qualified infectious disease product credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified clinical testing expenses for the taxable year. ``(b) Qualified Clinical Testing Expenses.--For purposes of this section-- ``(1) Qualified clinical testing expenses.-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `qualified clinical testing expenses' means the amounts which are paid or incurred by the taxpayer during the taxable year which would be described in subsection (b) of section 41 if such subsection were applied with the modifications set forth in subparagraph (B). ``(B) Modifications.--For purposes of subparagraph (A), subsection (b) of section 41 shall be applied-- ``(i) by substituting `clinical testing' for `qualified research' each place it appears in paragraphs (2) and (3) of such subsection, and ``(ii) by substituting `100 percent' for `65 percent' in paragraph (3)(A) of such subsection. ``(C) Exclusion for amounts funded by grants, etc.--The term `qualified clinical testing expenses' shall not include any amount to the extent such amount is funded by any grant, contract, or otherwise by another person (or any governmental entity). ``(D) Special rule.--For purposes of this paragraph, section 41 shall be deemed to remain in effect for periods after enactment of this section. ``(2) Clinical testing.-- ``(A) In general.--The term `clinical testing' means any human clinical testing-- ``(i) which is carried out under an exemption for a drug being tested as an antibiotic or antifungal drug under section 505(i) of the Federal Food, Drug, and Cosmetic Act (or regulations issued under such section), ``(ii) which occurs before the date on which an application with respect to such drug is approved under section 505(b) of such Act or, if the drug is a biological product, before the date on which a license for such drug is issued under section 351 of the Public Health Service Act, and ``(iii) which is conducted by or on behalf of the taxpayer to whom exemption under section 505(i) of such Act is granted. ``(B) Testing must be related to use as qualified infectious disease product.--Human clinical testing shall be taken into account under subparagraph (A) only to the extent such testing is related to the use of the drug as a qualified infectious disease product. ``(c) Coordination With Credit for Increasing Research Expenditures.-- ``(1) In general.--Except as provided in paragraph (2), any qualified clinical testing expenses for a taxable year to which an election under this section applies shall not be taken into account for purposes of determining the credit allowable under section 41 for such taxable year. ``(2) Expenses included in determining base period research expenses.--Any qualified clinical testing expenses for any taxable year which are qualified research expenses (within the meaning of section 41(b)) shall be taken into account in determining base period research expenses for purposes of applying section 41 to subsequent taxable years. ``(d) Definitions and Special Rules.-- ``(1) Qualified infectious disease product.--For purposes of this section, the term `qualified infectious disease product' means any drug or biological product for human use that-- ``(A) is intended to treat a serious or life- threatening infection, including those caused by-- ``(i) an antibacterial or antifungal resistant pathogen (including novel or emerging infectious pathogens), or ``(ii) qualifying pathogens listed by the Secretary of Health and Human Services under section 505E(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.), and ``(B) is intended to treat an infection for which there is an unmet medical need as defined by the Secretary of Health and Human Services. ``(2) Special limitation on foreign testing.-- ``(A) In general.--No credit shall be allowed under this section with respect to any clinical testing conducted outside the United States unless-- ``(i) such testing is conducted outside the United States because there is an insufficient testing population in the United States, and ``(ii) such testing is conducted by a United States person or by any other person who is not related to the taxpayer to whom exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act is granted. ``(B) Insufficient testing population.--For purposes of this section, the testing population in the United States is insufficient if there are not within the United States the number of available and appropriate human subjects needed to produce reliable and timely data from the clinical investigation. ``(3) Certain rules made applicable.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. ``(4) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(e) Transferability.-- ``(1) In general.--Any taxpayer holding a credit under this section may transfer for valuable consideration unused but otherwise allowable credit for use by a qualified pharmaceutical research taxpayer. A taxpayer that transfers any amount of credit under this section shall file a notification of such transfer to the Secretary in accordance with procedures and forms prescribed by the Secretary. ``(2) Use of transferred credit.--Any qualified pharmaceutical research taxpayer that receives credit that has been transferred shall use such credit for the taxable year in which the transfer occurred. Any unused amounts of such credit may be carried back or forward to other taxable years in accordance with section 39. ``(3) Definition of qualified pharmaceutical research taxpayer.--For purposes of this section, the term `qualified pharmaceutical research taxpayer' means any domestic corporation the primary mission of which is pharmaceutical research or development.''. (b) Made Part of Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the qualified infectious disease product credit determined under section 45S(a).''. (c) Clerical Amendments.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``45S. Clinical testing expenses for qualified infectious disease products.''. (d) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 3. CLINICAL TESTING EXPENSES FOR RAPID INFECTIOUS DISEASES DIAGNOSTIC TESTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following new section: ``SEC. 45T. CLINICAL TESTING EXPENSES FOR RAPID INFECTIOUS DISEASES DIAGNOSTIC TESTS. ``(a) General Rule.--For purposes of section 38, the credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified clinical testing expenses for the taxable year. ``(b) Qualified Clinical Testing Expenses.--For purposes of this section-- ``(1) Qualified clinical testing expenses.-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `qualified clinical testing expenses' means the amounts which are paid or incurred by the taxpayer during the taxable year which would be described in subsection (b) of section 41 if such subsection were applied with the modifications set forth in subparagraph (B). ``(B) Modifications.--For purposes of subparagraph (A), subsection (b) of section 41 shall be applied-- ``(i) by substituting `clinical testing' for `qualified research' each place it appears in paragraphs (2) and (3) of such subsection, and ``(ii) by substituting `100 percent' for `65 percent' in paragraph (3)(A) of such subsection. ``(C) Exclusion for amounts funded by grants, etc.--The term `qualified clinical testing expenses' shall not include any amount to the extent such amount is funded by any grant, contract, or otherwise by another person (or any governmental entity). ``(D) Special rule.--For purposes of this paragraph, section 41 shall be deemed to remain in effect for periods after enactment of this section. ``(2) Clinical testing.-- ``(A) In general.--The term `clinical testing' means any human clinical testing-- ``(i) which is carried out under an exemption for a device being tested under section 520(g) of the Federal Food, Drug, and Cosmetic Act (or regulations issued under such section), ``(ii) which is related only to such use as a qualified rapid infectious diseases diagnostic test, ``(iii) which occurs before the date on which an application with respect to such device receives premarket approval, if required, under section 515 of such Act, or receives clearance, if required, under section 510(k) of such Act, and ``(iv) which is conducted by or on behalf of the taxpayer to whom the exemption under section 520(g) of such Act was granted. ``(c) Coordination With Credit for Increasing Research Expenditures.-- ``(1) In general.--Except as provided in paragraph (2), any qualified clinical testing expenses for a taxable year to which an election under this section applies shall not be taken into account for purposes of determining the credit allowable under section 41 for such taxable year. ``(2) Expenses included in determining base period research expenses.--Any qualified clinical testing expenses for any taxable year which are qualified research expenses (within the meaning of section 41(b)) shall be taken into account in determining base period research expenses for purposes of applying section 41 to subsequent taxable years. ``(d) Definitions and Special Rules.-- ``(1) Qualified rapid infectious diseases diagnostic test.--For purposes of this section, the term `qualified rapid infectious diseases diagnostic test' means an in-vitro diagnostic (IVD) device that provides results in less than four hours and that is used to identify or detect the presence, concentration, or characteristics of a serious or life- threatening infection, including those caused by (1) an antibacterial or antifungal resistant pathogen, including novel or emerging infectious pathogens or (2) qualifying pathogens listed by the Secretary of Health and Human Services under Chapter V (21 U.S.C. 351 et seq.) section 505E(f). ``(2) Special limitation on foreign testing.-- ``(A) In general.--No credit shall be allowed under this section with respect to any clinical testing conducted outside the United States unless-- ``(i) such testing is conducted outside the United States because there is an insufficient testing population in the United States, and ``(ii) such testing is conducted by a United States person or by any other person who is not related to the taxpayer to whom the exemption under section 520(g) of Federal Food, Drug, and Cosmetic Act was granted. ``(B) Insufficient testing population.--For purposes of this section, the testing population in the United States is insufficient if there are not within the United States the number of available and appropriate human subjects needed to produce reliable and timely data from the clinical investigation. ``(3) Certain rules made applicable.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. ``(4) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(e) Transferability.-- ``(1) In general.--Any taxpayer holding a credit under this section may transfer for valuable consideration unused but otherwise allowable credit for use by a qualified diagnostics research taxpayer. A taxpayer that transfers any amount of credit under this section shall file a notification of such transfer to the Secretary in accordance with procedures and forms prescribed by the Secretary. ``(2) Use of transferred credit.--Any qualified diagnostics research taxpayer that receives credit that has been transferred shall use such credit for the taxable year in which the transfer occurred. Any unused amounts of such credit may be carried back or forward to other taxable years in accordance with section 39. ``(3) Definition of qualified diagnostics research taxpayer.--For purposes of this section, the term `qualified diagnostics research taxpayer' means any domestic corporation that derives-- ``(A) any gross income from research or development on diagnostic tests used to identify or detect the presence, concentration or characteristics of a serious or life-threatening infectious disease or pathogen; or ``(B) any gross income from research or development on qualified infectious disease products within the meaning given to such term in section 505E(g) of the Federal, Food, Drug, and Cosmetic Act; or ``(C) more than 50 percent of its gross income from activities related to health care.''. (b) Made Part of Business Credit.--Section 38(b) of such Code, as amended by section 2, is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(38) the credit determined under section 45T(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code, as amended by section 2, is amended by adding at the end the following new item: ``Sec. 45T. Clinical testing expenses for rapid infectious diseases diagnostic tests.''. (d) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.", "summary": "Reinvigorating Antibiotic and Diagnostic Innovation Act of 2015 This bill amends the Internal Revenue Code to allow tax credits for 50% of the clinical testing expenses for: (1) infectious disease products that are intended to treat a serious or life-threatening infection, including one caused by an antibacterial or antifungal resistant pathogen or a qualifying pathogen listed by the Department of Health and Human Services as having the potential to pose a serious threat to public health; and (2) in-vitro diagnostic devices that identify in less than four hours the presence, concentration, or characteristics of a serious or life-threatening infection."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Somalia Stabilization Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since the collapse of the Siad Barre regime in 1991, Somalia has struggled to rebuild a government and assert order and control over warlords, clan militias, and extremist groups. (2) The lack of functioning state and governing structures led to chronic humanitarian need within Somalia and enabled terrorist groups, maritime crime, illicit trafficking, and mass refugee flows to flourish. (3) In 2007, the Ethiopian military ousted the Islamic Courts Union and the United Nations authorized the African Union to deploy a peacekeeping force to Somalia, the African Union Mission to Somalia (AMISOM), in order to support the Transitional Federal Government to establish order in Somalia. AMISOM currently consists of troops from Burundi, Djibouti, Kenya, Sierra Leone, and Uganda. (4) In 2008, Harakat al-Shabaab al-Mujahideen (al-Shabaab) was designated a Foreign Terrorist Organization and a Specially Designated Global Terrorist entity by the United States Government. (5) In 2010, al-Shabaab took control of southern and central Somalia and instituted strict Sharia law. (6) In July 2010, Al-Shabaab retaliated against a contributor to AMISOM by carrying out an attack in Kampala, Uganda, which killed 74 people and injured 70 others. (7) In 2010, in response to growing al-Shabaab dominance and brutality, the AMISOM mandate was expanded to directly target and counter al-Shabaab in Somalia. (8) In 2011 and 2012, when many parts of the country were suffering from severe food insecurity and famine, al-Shabaab denied humanitarian access to its residents, resulting in the death of close to 260,000 people and acute food insecurity for millions. (9) In 2011, the Kenyan Defense Force joined AMISOM, to help take control of urban areas like Mogadishu and Kismayo from al-Shabaab control. (10) In 2012, improved security in much of urban Somalia enabled the Transitional Federal Government to complete a draft constitution and end its transitional term. (11) In 2012, a regionally representative Somali constituent assembly elected a new Federal parliament, which in turn elected President Hassan Sheikh Mohamud. (12) The United States, Arab and European countries, the United Nations, and the African Union officially recognized the new Somali government, citing the process that created it as being the most credible and inclusive process to date. (13) On March 6, 2013, the United Nations Security Council passed Resolution 2093, creating a new exemption to the 21- year-old arms embargo for a period of 12 months, to allow for ``deliveries of weapons or military equipment or the provision of advice, assistance or training, intended solely for the development of the National Security Forces of the Federal Government of Somalia'', and calling for the training, equipping, and capacity-building of Somali Security Forces, including both its armed forces and police, with special focus on the development of infrastructure to ``ensure the safe storage, registration, maintenance and distribution of military equipment,'' and ``procedures and codes of conduct . . . for the registration, distribution, use, and storage of weapons''. (14) On May 2, 2013, the United National Security Council passed Resolution 2102, establishing the United Nations Assistance Mission in Somalia (UNSOM) under the leadership of a Special Representative of the Secretary-General to support the Government of Somalia with peace-building, state-building and governance, as well as the coordination of international assistance. (15) Though greeted with great optimism, the Government of Somalia has run into many challenges, which has stalled its efforts to finalize the constitution, guide the structure of the new state, or provide services to the population. (16) President Hassan Sheikh Mohamud and his government have committed to the completion of these tasks and to holding a constitutional referendum and national election by 2016. (17) On September 16, 2013, the international community and a high level Somali delegation endorsed a compact based on the ``New Deal Strategy for Engagement in Fragile States.'' Donors pledged $2,400,000,000 over three years to support Somali development priorities, including $69,000,000 from the United States. (18) Al Shabaab continues to use terrorist tactics to attack soft targets. On September 21-24, 2013, al-Shabaab perpetrated an attack on the Westgate mall in Nairobi, Kenya, killing at least 67 people. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the United States should-- (1) support the Somali Federal Government, regional administrations, Federal units, and people in their ongoing efforts to consolidate political gains and develop credible, transparent, and representative government systems and institutions, and foster complementary processes at the local, regional, and national levels; (2) continue to support African-led regional efforts to improve security and stability in Somalia, including through the African Union Mission to Somalia (AMISOM) and the United Nations Assistance Mission in Somalia (UNSOM); (3) support the people and Government of Somalia to develop professional and regionally and ethnically representative Somali security forces that are capable of maintaining and expanding security within Somalia, confronting international security threats such as terrorism, and preventing human rights abuses; (4) continue to provide lifesaving humanitarian assistance as needed, while bolstering resilience and building a foundation for sustained, inclusive development for the people of Somalia; and (5) carry out all diplomatic, economic, intelligence, military, and development activities in Somalia within the context of a comprehensive strategy coordinated through an interagency process. SEC. 4. REQUIREMENT OF A STRATEGY TO SUPPORT THE CONSOLIDATION OF SECURITY AND GOVERNANCE GAINS IN SOMALIA. (a) Requirement for Strategy.--Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a strategy to guide future United States action in support of the Government and people of Somalia to foster economic growth and opportunity, counter armed threats to stability, and develop credible, transparent, and representative government systems and institutions. (b) Content of Strategy.--The strategy required under subsection (a) should include the following elements: (1) A clearly stated policy toward Somalia on supporting the consolidation of political gains at the national level, while also encouraging and supporting complementary processes at the local and regional levels. (2) Measures to support the development goals identified by the people and Government of Somalia. (3) Plans for strengthening efforts by the Government of Somalia, the African Union, and regional governments to stabilize the security situation within Somalia and further degrade al-Shabaab's capabilities, in order to enable the eventual transfer of security operations to Somali security forces capable of-- (A) maintaining and expanding security within Somalia; (B) confronting international security threats; and (C) preventing human rights abuses. (4) Plans for supporting the development and professionalization of regionally and ethnically representative Somali security forces, including the infrastructure and procedures required to ensure chain of custody and the safe storage of military equipment and an assessment of the benefits and risks of the provision of weaponry to the Somali security forces by the United States. (5) A description of United States national security objectives addressed through military-to-military cooperation activities with Somali security forces. (6) A description of security risks to United States personnel conducting security cooperation activities within Somalia and plans to assist the Somali security forces in preventing infiltration and insider attacks, including through the application of lessons learned in United States military training efforts in Afghanistan. (7) A description of United States tools for monitoring and responding to violations of the United Nations Security Council arms embargo, charcoal ban, and other international agreements affecting the stability of Somalia. (8) A description of mechanisms for coordinating United States military and non-military assistance with other international donors, regional governments, and relevant multilateral organizations. (9) Plans to increase United States diplomatic engagement with Somalia, including through the future establishment of an embassy or other diplomatic posts in Mogadishu. (10) Any other element the President determines appropriate. (c) Reports.--Not later than 180 days from the submission of the strategy required under subsection (a), and annually thereafter for three years, the President shall submit to the appropriate committees of Congress an update on implementation of the strategy and progress made in Somalia in security, stability, development, and governance. (d) Form.--The strategy under this section shall be submitted in unclassified form, but may include a classified annex. The reports may take the form of a briefing, unclassified report, or unclassified report with a classified annex. (e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.", "summary": "Somalia Stabilization Act of 2013 - Expresses the sense of Congress that the United States should: (1) support the Somali Federal Government, regional administrations, federal units, and people in their efforts to consolidate political gains and develop credible and representative government systems and institutions; (2) support African-led regional efforts to improve security and stability in Somalia; (3) support the development of professional and regionally and ethnically representative Somali security forces; (4) provide humanitarian assistance as needed while building a foundation for Somalia's development; and (5) carry out all diplomatic, economic, intelligence, military, and development activities in Somalia within the context of a comprehensive strategy coordinated through an interagency process. Directs the President to submit to Congress a strategy to guide future U.S. action in support of the government and people of Somalia to foster economic growth, counter armed threats to stability, and develop credible and representative government systems and institutions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Broadcasting Reauthorization Act of 2004''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Corporation for Public Broadcasting.--Section 396(k)(1) of the Communications Act of 1934 (47 U.S.C. 396(k)(1)) is amended by striking subparagraphs (B) through (F) and inserting the following: ``(B) There is authorized to be appropriated to the Fund, for each of the fiscal years 2007, 2008, 2009, 2010, and 2011, an amount equal to 40 percent of the total amount of non-Federal financial support received by public broadcasting entities during the second fiscal year preceding each such fiscal year, except that the amount so appropriated shall not exceed-- ``(i) $416,000,000 for fiscal year 2007; ``(ii) $432,000,000 for fiscal year 2008; ``(iii) $450,000,000 for fiscal year 2009; ``(iv) $468,000,000 for fiscal year 2010; and ``(v) $487,000,000 for fiscal year 2011. ``(C) In addition to any amounts authorized under any other provision of this or any other Act, there are authorized to be appropriated to the Fund, (notwithstanding any other provision of this subsection) specifically for transition from the use of analog to digital technology for the provision of public telecommunications services and for the acquisition or production of digital programming of local, regional, and national interest-- ``(i) $50,000,000 for fiscal year 2005; ``(ii) $50,000,000 for fiscal year 2006; ``(iii) $40,000,000 for fiscal year 2007; ``(iv) $30,000,000 for fiscal year 2008; and ``(v) $20,000,000 for fiscal year 2009. ``(D) Funds appropriated under this subsection shall remain available until expended and shall be disbursed by the Secretary of the Treasury for obligation and expenditure as soon after appropriation as practicable. The Corporation shall distribute funds authorized by subparagraph (C) and allocated to public broadcast stations under this subsection as expeditiously as practicable when made available by the Secretary of the Treasury, and in a manner that is determined, in consultation with public radio and television licensees or permittees and their designated representatives.''. (b) Public Broadcasting Interconnection System.--Section 396(k)(10) of the Communications Act of 1934 (47 U.S.C. 396(k)(10)) is amended by striking subparagraphs (B) and (C) and inserting the following: ``(B) There are authorized to be appropriated to the Satellite Interconnection Fund $250,000,000 for fiscal year 2005. If the amount appropriated to the Satellite Interconnection Fund for fiscal year 2005 is less than $250,000,000, the amount by which that sum exceeds the amount appropriated is authorized to be appropriated for fiscal years 2006 through 2008 until the full $250,000,000 has been appropriated to the Fund. Funds appropriated to the Satellite Interconnection Fund shall remain available until expended. ``(C) The Secretary of the Treasury shall make available and disburse to the Corporation, at the beginning of fiscal year 2005 and of each succeeding fiscal year thereafter, such funds as have been appropriated to the Satellite Interconnection Fund for the fiscal year in which such disbursement is to be made.''. (c) Public Telecommunications Facilities Program Grants.--Section 391 of the Communications Act of 1934 (47 U.S.C. 391) is amended-- (1) by striking ``$42,000,000 for each of the fiscal years 1992, 1993, and 1994,'' and inserting ``$50,000,000 for fiscal year 2005, $52,000,000 for fiscal year 2006, $54,008,000 for fiscal year 2007, $56,240,000 for fiscal year 2008, $58,490,000 for fiscal year 2009, $60,820,000 for fiscal year 2010, and $63,250,000 for fiscal year 2011,''; and (2) by striking ``facilities'' each place it occurs and inserting ``facilities, including analog and digital broadcast facilities and equipment,''. SEC. 3. RECOUPMENT OF FUNDS BY CORPORATION. Section 396(k) of the Communications Act of 1934 (47 U.S.C. 396(k)) is amended by adding at the end the following: ``(13) Funds may not be distributed pursuant to this section to any public broadcast station unless it agrees that, upon request by the Corporation, at such time as it ceases to provide public telecommunications services or transfers or assigns its broadcast license or permit to an entity that will not provide public telecommunications services (as defined in section 397(14) of this Act), it will-- ``(A) return any or all unexpended funds for all grants made by the Corporation; and ``(B) with respect to grants made by the Corporation during the prior 5 years for the purchase or construction of public telecommunications facilities, return an amount that is no more than an amount bearing the same ratio to the current value of such facilities at the time of cessation of public telecommunications service as the ratio that the Corporation's contribution bore to the total cost of purchasing or constructing such facilities.''. SEC. 4. REDEFINITION OF PUBLIC TELECOMMUNICATIONS SERVICES TO INCLUDE NEW TECHNOLOGIES. (a) Transition and Programming Authorization.--Section 396(k)(1)(C) of the Communications Act of 1934 (47 U.S.C. 396(k)(1)(C)), as amended by section 2(a) of this Act, is further amended by striking ``public broadcasting services,'' and inserting ``public telecommunications services,''. (b) Public Telecommunications Services To Include New Technologies.--Section 397(14) of the Communications Act of 1934 (47 U.S.C 397(14)) is amended to read as follows: ``(14) The term `public telecommunications services' means noncommercial educational and cultural-- ``(A) radio and television programming or other content; and ``(B) instructional or informational material (including data) transmitted electronically.''. SEC. 5. LOCAL CONTENT, PROGRAMMING, AND SERVICES. Section 396(k)(7) of the Communications Act of 1934 (47 U.S.C. 396(k)(7)) is amended by striking ``to the production and acquisition of programming.'' and inserting ``to the support of content, programming, and services, especially those that serve the needs and interests of the recipient's local community.''.", "summary": "Public Broadcasting Reauthorization Act of 2004 - Amends the Communications Act of 1934 to authorize appropriations for: (1) FY 2007 through 2011 for the Public Broadcasting Fund, including funds for FY 2005 through 2009 specifically for transition from the use of analog to digital technology for the provision of public telecommunication services and for acquisition or production of digital programming of local, regional, and national interest; (2) FY 2005 for the Satellite Interconnection Fund, including for FY 2006 through 2008 up to the amount authorized for FY 2005 if the amount appropriated is less; and (3) FY 2005 through 2011 for public telecommunications facilities programs, including analog and digital broadcast facilities and equipment. Provides for recoupment by the Public Broadcasting Corporation of unexpended funds from a public broadcast station that ceases to provide public telecommunications services, or transfers its license or permit to an entity that will not provide such services. Redefines \"public broadcast services\" as \"public telecommunications services,\" namely noncommercial educational and cultural: (1) radio and television programming or other content; and (2) instructional or informational material (including data) transmitted electronically. Revises the authority of licensees and permittees of public radio stations to use funds distributed by the Corporation at their discretion for purposes related primarily to the production and acquisition of programming. Authorizes such recipients to use such funds primarily for the support of content, programming, and services, especially those that serve the needs and interests of the recipient's local community."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Portable Fuel Container Safety Act of 2017''. SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION SOURCES. (a) Rule on Safety Performance Standards Required.--Not later than 30 months after the date of enactment of this section, the Consumer Product Safety Commission shall promulgate a final rule for flame mitigation devices in portable fuel containers that impedes the propagation of flame into the container, except as provided in subsection (c). (b) Rulemaking; Consumer Product Safety Standard.--A rule under subsection (a)-- (1) shall be promulgated in accordance with section 553 of title 5, United States Code; and (2) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (c) Exception.-- (1) Voluntary standard.--Subsection (a) shall not apply if the Commission determines that-- (A) there is a voluntary standard for flame mitigation devices in portable fuel containers that impedes the propagation of flame into the container; (B) the voluntary standard is or will be in effect not later than 18 months after the date of enactment of this Act; and (C) the voluntary standard is developed by Subcommittee F15 of ASTM International or such other standard development organization that the Commission determines to have met the intent of this Act. (2) Determination required to be published in the federal register.--Any determination made by the Commission under this subsection shall be published in the Federal Register. (d) Treatment of Voluntary Standard for Purpose of Enforcement.--If the Commission determines that a voluntary standard meets the conditions described in subsection (c), the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act beginning on the date which is the later of-- (1) 180 days after publication of the Commission's determination under subsection (c); or (2) the effective date contained in the voluntary standard. (e) Revision of Voluntary Standard.-- (1) Notice to commission.--If the requirements of a voluntary standard that meet the conditions of subsection (c) are subsequently revised, the organization that revised the standard shall notify the Commission not later than 60 days after the final approval of the revision. (2) Effective date of revision.--Not later than 180 days after the Commission is notified of a revised voluntary standard described in paragraph (1) (or such later date as the Commission determines appropriate), such revised voluntary standard shall become enforceable as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act, in place of the prior version, unless within 90 days after receiving the notice the Commission determines that the revised voluntary standard does not meet the requirements described in subsection (c). (f) Future Rulemaking.--The Commission, at any time after publication of the consumer product safety rule required by subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (d), or a revision is enforceable as a consumer product safety rule under subsection (e) may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements or to include any additional provision that the Commission determines is reasonably necessary to protect public health or safety. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act. (g) Action Required.-- (1) Education campaign.--Not later than 1 year after the date of enactment of this Act, the Commission shall undertake a campaign to educate consumers about the dangers associated with using or storing portable fuel containers for flammable liquids near an open flame or any other source of ignition. (2) Summary of actions.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to Congress a summary of actions taken by the Commission in such campaign. (h) Portable Fuel Container Defined.--In this section, the term ``portable fuel container'' means any container or vessel (including any spout, retrofit spout, cap, and other closure mechanism or component of such container or vessel)-- (1) intended for flammable liquid fuels, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, biofuels, or liquids with a flash point less than 140 degrees Fahrenheit; (2) that is a consumer product with a capacity of 5 gallons or less; and (3) that the manufacturer knows or reasonably should know is used by consumers for receiving, transporting, storing, and dispensing flammable liquid fuels. (i) Rule of Construction.--This section may not be interpreted to conflict with the Children's Gasoline Burn Prevention Act (Public Law 110-278; 122 Stat. 2602). SEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT. (a) Amendment.--Section 2(c) of the Children's Gasoline Burn Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended by inserting after ``for use by consumers'' the following: ``and any receptacle for gasoline, kerosene, or diesel fuel, including any spout, retrofit spout, cap, and other closure mechanism and component of such receptacle, produced or distributed for sale to or use by consumers for transport of, or refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel''. (b) Applicability.--The amendment made by subsection (a) shall take effect 6 months after the date of enactment of this section.", "summary": "Portable Fuel Container Safety Act of 2017 This bill requires the Consumer Product Safety Commission (CPSC) to promulgate a final rule for flame mitigation devices in portable flammable liquid fuel containers that impede the propagation of flame into the container, unless the CPSC publishes a determination that a voluntary standard developed by a standard development organization meets the intent of this bill. Either the promulgated standard or the voluntary standard shall be treated as a consumer product safety rule. If a standard development organization subsequently revises a voluntary standard, the organization must notify the CPSC and the revision becomes enforceable unless, within 90 days after receiving notice, the CPSC determines that the revised standard does not meet this bill's requirements. The CPSC must undertake a campaign to educate consumers about dangers associated with portable fuel containers near an open flame or other source of ignition. The bill amends the Children's Gasoline Burn Prevention Act to extend child-resistance requirements for closures on portable gasoline containers to receptacles for gasoline, kerosene, or diesel fuel (including any spout, retrofit spout, cap, and other closure mechanism and component) produced or distributed for sale to, or use by, consumers for transport of, or for refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Preservation through Individual Choice Enhancement Act''. SEC. 2. ELECTION TO TAKE EMPLOYEE PAYROLL TAX CUT. (a) In General.--Section 601 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is amended by redesignating subsections (b) through (g) as subsections (c) through (i), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Election To Take Employee Payroll Tax Cut.-- ``(1) In general.--Subsection (a) shall apply with respect to remuneration received by any individual for services rendered in a calendar year (or taxable year beginning in the calendar year) in the payroll tax holiday period only if a tax holiday election under paragraph (2) is in effect with respect to such calendar year. ``(2) Tax holiday election.--For purposes of this subsection-- ``(A) In general.--The term `tax holiday election' means, with respect to the individual, an election to have subsection (a) apply to a calendar year (or taxable year beginning in such calendar year) in the payroll tax holiday period beginning in or after 2012. Any such election shall remain in effect until such election is revoked. ``(B) When made.--An election with respect to a calendar year (and a taxable year beginning in the taxable year) may be made before July 1 of the calendar year for which such remuneration is received. ``(C) Revocation of election.--Subject to such conditions as the Secretary deems necessary, an individual may revoke an election to have subsection (a) apply with respect to a calendar year (and taxable year beginning in the calendar year) if such revocation is made before July 1 of the calendar year. ``(D) Time and manner of election and revocation.-- Any election and revocation under this subsection shall be made at such time and in such manner as the Secretary may prescribe. ``(3) Special rules.-- ``(A) 1st employment or self-employment after beginning of year.--In the case of an individual whose employment or self-employment first commences after the beginning of the calendar year or taxable year (as the case may be), the election under paragraph (2)(A) shall be made before or with the beginning of such employment. ``(B) Multiple employers.--In the case that an individual is employed by more than 1 employer (including self-employment) for a period, an election or revocation made under this subsection made with respect to remuneration from 1 employer shall apply to all employers. For purposes of the preceding sentence, the most recent valid election or revocation for a period shall be the only election or revocation (as the case may be) in effect for that period. ``(4) Overpayment and underpayment of tax.-- ``(A) Credit for overpayment.--See sections 6402 and 6413 of such Code for provisions relating to overpayments of employment taxes. ``(B) Underpayment of taxes.--If, by reason of an election or revocation under this subsection for a calendar year or taxable year, an individual has a liability for tax under section 1401(a), 3101(a), 3201(a), or 3211(a)(1) of such Code for the taxable year beginning with or in the calendar year, for purposes of subtitle F of such Code, such liability, together with interest on such liability at the underpayment rate established under section 6621, shall be assessed and collected in the manner prescribed by the Secretary. ``(5) Regulations.--The Secretary, in consultation with the Commissioner of Social Security, shall prescribe such regulations or other guidance as may be necessary to carry out this subsection. Such regulations or other guidance shall include procedures providing for the exchange of information between the Secretary and the Commissioner of Social Security for purposes of this subsection.''. (b) Extension of Retirement Age in Connection With Election To Take Payroll Tax Cut.--Section 216(l) of the Social Security Act (42 U.S.C 416(l)) is amended by adding at the end the following new paragraph: ``(4)(A) For each calendar year beginning with or after 2012 for which section 601(a) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 applies with respect to the wages received by an individual for services rendered in such year, the retirement age (as defined in paragraph (1)) of such individual shall be increased by 1 month. ``(B) In the case of any taxable year for which such section 601(a) applies (with respect to remuneration received by an individual as self-employment income for services rendered in such taxable year), any calendar year in which such taxable year commences shall be treated as a calendar year for which such section 601(a) applies as described in subparagraph (A).''.", "summary": "Social Security Preservation through Individual Choice Enhancement Act - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to allow individual taxpayers an election to claim the 2% reduction in employment taxes under such Act in any calendar year beginning in or after 2012. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase the applicable social security retirement age by one month for each calendar year that a taxpayer elects a reduction in employment taxes under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bisti PRLA Dispute Resolution Act''. SEC. 2. WITHDRAWAL OF COAL PREFERENCE RIGHT LEASE APPLICATIONS. (a) In General.--Notwithstanding any other provision of law, if any of the coal preference right lease applications captioned NMNM 3752, NMNM 3753, NMNM 3754, NMNM 3755, NMNM 3835, NMNM 3837, NMNM 3918, NMNM 3919, NMNM 6802, NMNM 7235 and NMNM 8745 are withdrawn by the holder or holders of the applications, the Secretary of the Interior, acting through the Bureau of Land Management (referred to in this Act as the ``Secretary''), shall issue under section 4(a)(2) to each such holder or holders a certificate of bidding rights (in such form and manner as provided for under regulations promulgated by the Secretary under the Mineral Leasing Act (30 U.S.C. 181 et seq.)) that constitutes the combined fair market value, as determined under section 3, of the coal reserves for each coal preference right lease application withdrawn by the holder. (b) Relinquishment.--The relinquishment of all rights associated with the coal preference lease applications withdrawn shall be effective on the date of the issuance of the certificate of bidding rights under section 4(a)(2). (c) No Adjudication.--The withdrawals and issuances required under subsection (a) shall occur without any further adjudication of coal preference right lease applications by the Secretary. SEC. 3. METHOD FOR DETERMINING FAIR MARKET VALUE. (a) In General.--Notwithstanding any other provision of law, this section shall apply to the issuance of a certificate of bidding rights under section 4(a)(2). (b) Value of Coal Reserves.-- (1) In general.--The fair market value of the coal reserves of any coal preference right lease application withdrawn under section 2(a) shall be determined by the panel established under paragraph (2). (2) Panel.-- (A) Establishment.--Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a panel to determine the fair market value of the coal reserves of any coal preference right lease applications withdrawn under section 2(a). (B) Membership.--The panel shall be composed of 3 representatives, of whom-- (i) 1 representative shall be appointed by the Secretary; (ii) 1 representative shall be appointed by the holder of the preference right lease application; and (iii) 1 representative shall be appointed by the Governor of the State of New Mexico. (3) Mineral appraiser.--The Secretary shall contract with a qualified coal reserve appraiser to assist the panel established under paragraph (2)(A) in determining the fair market value of a coal reserve. (4) Supplemental information.--In determining the fair market value of a coal reserve, the panel may supplement any information provided to the panel, as the panel determines to be appropriate. (5) Determination.--Not later than 75 days after the date on which the panel is established under paragraph (2)(A), the panel shall submit to the Secretary the determination of the panel with respect to the fair market value of a coal reserve of any coal preference right lease application withdrawn by the holder. SEC. 4. ISSUANCE OF PATENTS TO RELINQUISHED PREFERENCE RIGHT LEASE APPLICATIONS. (a) In General.--Notwithstanding any other provision of law, not later than 120 days after the withdrawal of a coal preference right lease application, the Secretary shall-- (1) issue to the Navajo Nation patents to the land, including the mineral estate, subject to the coal preference right lease application withdrawn-- (A) in full and final satisfaction of the right of the Navajo Nation to select land in New Mexico under section 11 of the Navajo-Hopi Land Settlement Act of 1974 (25 U.S.C. 640d-10); and (B) to facilitate land consolidation and facilitate mineral development in northwest New Mexico; and (2) issue a certificate of bidding rights in the amount of the fair market value determined under section 3. (b) Enforcement.--The duties of the Secretary under this section shall be considered nondiscretionary and enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. SEC. 5. USE OF EXCHANGE BIDDING RIGHTS. (a) In General.--Notwithstanding any other provision of law-- (1) a certificate of bidding rights issued under section 4(a)(2) shall-- (A) be subject to such procedures as the Secretary may establish pertaining to notice of transfer and accountings of holders and their balances; (B) be transferable by the holder or holders of the certificate of bidding rights in whole or in part; and (C) constitute a monetary credit that, subject to paragraph (2), may be applied, at the election of the holder or holders of the certificate of bidding rights, against-- (i) rentals, advance royalties, or production royalties payable to the Secretary under Federal coal leases; and (ii) bonus payments payable to the Secretary in the issuance of a Federal coal lease or Federal coal lease modification under the coal leasing provisions of the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (2) in a case in which a certificate of bidding rights issued under section 4(a)(2) is applied by the holder or holders of the certificate of bidding rights as a monetary credit against a payment obligation under a Federal coal lease, the holder or holders-- (A) may apply the bidding rights only against 50 percent of the amount payable under the lease; and (B) shall pay the remaining 50 percent as provided for under the lease in cash or cash equivalent. (b) Payment Under Lease Obligations.--Any payment of a Federal coal lease obligation by the holder or holders of a certificate of bidding rights issued under section 4(a)(2)-- (1) shall be treated as money received under section 35 of the Mineral Leasing Act (30 U.S.C. 191); but (2) shall be credited and redistributed by the Secretary only as follows: (A) 50 percent of the amount paid in cash or its equivalent shall be-- (i) distributed to the State in which the lease is located; and (ii) treated as a redistribution under section 35 of the Mineral Leasing Act (30 U.S.C. 191). (B) 50 percent of the amount paid through a crediting of the bidding rights involved shall be treated as a payment that is subject to redistribution under that section to the Reclamation and Miscellaneous Receipts accounts in the Treasury.", "summary": "Bisti PRLA Dispute Resolution Act - Directs the Secretary of the Interior, acting through the Bureau of Land Management, if any of specified coal preference right lease applications are withdrawn by the holder or holders of those applications, to issue to each such holder a certificate of bidding rights that constitutes the combined fair market value of the coal reserves for each coal preference right lease application withdrawn by the holder. Provides that such withdrawals and issuances shall occur without any further adjudication of coal preference right lease applications. Directs the Secretary to establish a panel to determine the fair market value of the coal reserves of any coal preference right applications withdrawn under this Act. Instructs the Secretary to contract with a qualified coal reserve appraiser to assist the panel. Directs the Secretary, after the withdrawal of a coal preference right lease application, to: (1) issue to the Navajo Nation patents to the land, including the mineral estate, subject to such withdrawn application in full and final satisfaction of the right of the Navajo Nation to select land in New Mexico and to facilitate land consolidation and mineral development in northwest New Mexico; and (2) issue a certificate of bidding rights in the amount of the fair market value of the coal reserves of such application. Provides that the Secretary's duties in issuing such patents and certificates shall be considered nondiscretionary and enforceable in a mandamus proceeding. Sets forth provisions regarding the use of exchange bidding rights."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Columbia River Restoration Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The Columbia River is the largest river in the Pacific Northwest and the fourth largest river in the United States by volume. The river is 1,243 miles long, and its drainage basin includes 259,000 square miles, extending into 7 States and British Columbia, Canada, and including all or part of 5 national parks, the Columbia River Gorge National Scenic Area, and the Hells Canyon National Recreation Area. (2) The Columbia River Basin and its tributaries provide significant ecological and economic benefits to the Pacific Northwest and the entire United States. Traditionally, the Columbia River Basin and its tributaries were the largest salmon producing river system in the world, with annual returns peaking at as many as 30 million fish. The Columbia River drainage basin includes more than 6 million acres of irrigated agricultural land, and its 14 hydroelectric dams, combined with additional dams on its tributaries, produce more hydroelectric power than any other North American river. (3) The Lower Columbia River Estuary stretches 146 miles from the Bonneville Dam to the mouth of the Pacific Ocean, and much of this area is degraded. Polychlorinated biphenyls (PCBs) in salmon tissue and polycyclic aromatic hydrocarbons (PAHs) in salmon prey exceed estimated thresholds for delayed mortality, increased disease susceptibility, and reduced growth. Legacy contaminants (DDT and PCBs) banned in the 1970s are still detected in river water, sediments, and juvenile Chinook salmon. Several pesticides have been detected, including atrazine and simazine, which can affect salmon behavior or act as hormone disruptors. Emerging contaminants, such as hormone disruptors from pharmaceutical and personal care products, have been found in river water and juvenile male salmon. These contaminants may impair salmon growth, health, and reproduction. (4) The Middle and Upper Columbia River Basin includes 1,050 miles of the mainstem Columbia River upstream of the Bonneville Dam, including the 1,040 miles of its largest tributary, the Snake River, and all of the tributaries to both rivers. The Environmental Protection Agency's (EPA's) Columbia River Basin Fish Contaminant Survey detected the presence of 92 priority pollutants, including PCBs, dioxins, furans, arsenic, mercury, and DDE (a breakdown product of DDT), in fish that are consumed by the Confederated Tribes of the Warm Springs, the Confederated Tribes and Bands of the Yakama Nation, the Confederated Tribes of the Umatilla Indian Reservation, and the Nez Perce Tribe, as well as by other people consuming fish throughout the Columbia River Basin. A fish consumption survey by the Columbia River Intertribal Fish Commission showed that tribal members were eating 6 to 11 times more fish than EPA's estimated national average. The nuclear and toxic contamination at the Hanford Nuclear Reservation presents an ongoing risk of contamination in the Middle Columbia Basin. Sampling of sediments by the EPA in 2004 documented widespread presence of toxic flame retardants known as polyrominated diphenyl ethers. (5) Contamination of the Middle and Upper Columbia River Basin has a direct impact on water quality and habitat quality in the Lower Columbia River Estuary. Investments in habitat restoration and toxics reduction in the Middle and Upper Columbia River Basin can have significant benefits for fish and wildlife throughout the entire basin. (6) Together with the Governors of Oregon and Washington, the EPA created the Lower Columbia River Estuary Partnership (Estuary Partnership) in 1995 to provide regional coordination to focus on the lower river, to advance the science of the ecosystem, and to deliver environmental results. The Estuary Partnership was formed within the National Estuary Program and provides a structure for organization and collaboration to implement Federal priorities. The Estuary Partnership includes all key Federal agencies as part of its management and governing structure, including the EPA, the United States Geological Survey (USGS), the National Oceanic and Atmospheric Administration (NOAA), the Army Corps of Engineers, the Forest Service, and tribal, State, and local governments. (7) The Columbia River Basin was designated by the EPA as an ``Estuary of National Significance'' in 1995 and a ``Large Aquatic Ecosystem'' in 2006. (8) The Estuary Partnership has developed an unparalleled 2-State, public and private partnership, including unprecedented collaborative efforts among key Federal partners, including the EPA, the NOAA, the USGS, and the Army Corps of Engineers to advance Federal goals, and the Estuary Partnership and its partners have gathered scientific information and compiled data, and have made significant gains in habitat protection and environmental education. (9) Despite these advances, further degradation exists and contaminants persist in the Columbia River Basin and are impairing the health of fish, wildlife, and humans. Degraded conditions in the river exacerbate the challenges already faced by the 13 species of salmon and steelhead in the Columbia River Basin listed as threatened or endangered under the Endangered Species Act of 1973. (10) The ``Estuary Partnership Comprehensive Conservation and Management Plan'' (1999), the ``Northwest Power and Conservation Council Lower Columbia Province Plan'' (2004, amended 2008), the draft ``NOAA Columbia River Estuary Recovery Module for Salmon and Steelhead'' (2010), the States of Oregon, Idaho, and Washington Recovery Plans, the ``Biological Opinion for the Federal Columbia River Power System (FCRPS)'' (2000, 2004, 2008), and the ``EPA Columbia Basin State of the River Report for Toxics'' (2009) consistently identify habitat loss and toxic contamination as threats to fish and wildlife. SEC. 3. COLUMBIA RIVER. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 123. COLUMBIA RIVER. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Action plan.--The term `Action Plan' means the `Columbia River Basin Toxics Reduction Action Plan' developed by the Environmental Protection Agency and the Columbia River Toxics Reduction Working Group in 2010, including any amendments thereto. ``(2) Comprehensive plan.--The term `Comprehensive Plan' means the `Estuary Partnership Comprehensive Conservation and Management Plan' adopted by the Environmental Protection Agency and the Governors of Oregon and Washington on October 20, 1999, under section 320, including any amendments thereto. ``(3) Estuary partnership.--The term `Estuary Partnership' means the Lower Columbia River Estuary Partnership, an entity created by the States of Oregon and Washington and the Environmental Protection Agency under section 320. ``(4) Lower columbia river and estuary.--The term `Lower Columbia River and Estuary' means the region consisting of the lower 146 miles of the Columbia River Basin from the Bonneville Dam to the Pacific Ocean. ``(5) Middle and upper columbia river basin.--The term `Middle and Upper Columbia River Basin' means the region consisting of the United States portion of the Columbia River Basin above Bonneville Dam, including the Snake River (and its tributaries) and other tributaries of the Columbia River. ``(6) Team leader.--The term `Team Leader' means the Team Leader appointed under subsection (b). ``(b) Program Team.-- ``(1) Establishment.--The Administrator shall establish in the Environmental Protection Agency a Columbia River Program Team. The Team shall be located within the Oregon Operations Office for Region 10 of the Environmental Protection Agency. ``(2) Appointment of team leader.--The Administrator shall appoint a Team Leader, who, by reason of management experience and technical expertise relating to the Columbia River Basin, shall be highly qualified to support the development and implementation of projects, programs, and studies necessary to implement the Action Plan. ``(3) Delegation of authority; staffing.--The Administrator shall delegate to the Team Leader such authority and provide such additional staff as may be necessary to carry out this section. ``(c) Duties.-- ``(1) In general.--In carrying out this section, the Administrator, acting through the Team Leader, shall-- ``(A) assist and support the implementation of the Action Plan and the Comprehensive Plan; ``(B) coordinate the implementation of the Action Plan and the Comprehensive Plan, and the development of any updates to those plans, with programs and projects in the Middle and Upper Columbia River Basin; ``(C) make such other updates to the Action Plan and the Comprehensive Plan as the Administrator, in consultation with appropriate Federal agencies, the States of Oregon, Washington, and Idaho, tribal governments, local governments, and other public and private interests in the Columbia River Basin, considers appropriate; ``(D) provide funding and make grants for implementation of the Action Plan and the Comprehensive Plan and projects, programs, and studies consistent with the priorities of the Action Plan and the Comprehensive Plan; ``(E) promote innovative methodologies and technologies that are cost effective and consistent with the identified goals and objectives of the Action Plan and the Comprehensive Plan and the permitting processes of the Environmental Protection Agency; ``(F) coordinate the major functions of the Federal Government related to the implementation of the Action Plan and the Comprehensive Plan, including projects, programs, and studies for-- ``(i) water quality improvements; ``(ii) toxics reduction and monitoring; ``(iii) wetland, riverine, and estuary restoration and protection; ``(iv) nearshore and endangered species recovery; and ``(v) stewardship and environmental education; ``(G) coordinate the research and planning projects authorized under this section with Federal agencies, State agencies, tribal governments, universities, and the Estuary Partnership, including conducting or commissioning studies considered necessary for strengthened implementation of the Action Plan and the Comprehensive Plan; ``(H) track progress toward meeting the identified goals and objectives of the Action Plan and the Comprehensive Plan by-- ``(i) implementing and supporting a project, program, and monitoring system consistent with performance-based ecosystem standards and management; and ``(ii) coordinating, managing, and reporting environmental data related to the Action Plan and the Comprehensive Plan in a manner consistent with methodologies utilized by the Estuary Partnership, including making such data and reports on such data available to the public, including on the Internet, in a timely fashion; and ``(I) collect and make available to the public, including on the Internet, publications and other forms of information relating to the environmental quality of the Lower Columbia River and Estuary. ``(2) Implementation methods.--The Administrator, acting through the Team Leader, may enter into interagency agreements, make intergovernmental personnel appointments, provide funding, make grants, and utilize other available methods in carrying out the duties under this subsection. ``(d) Report.--Not later than one year after the date of enactment of this section, and biennially thereafter, the Administrator shall submit to Congress a report that-- ``(1) summarizes the progress made in implementing the Action Plan and the Comprehensive Plan and the progress made toward achieving the identified goals and objectives described in such plans; ``(2) summarizes any modifications to the Action Plan and the Comprehensive Plan made in the period immediately preceding the report; ``(3) incorporates specific recommendations concerning the implementation of the Action Plan and the Comprehensive Plan; and ``(4) summarizes the roles and progress of each Federal agency that has jurisdiction in the Columbia River Basin toward meeting the identified goals and objectives of the Action Plan and the Comprehensive Plan. ``(e) Implementation of Action Plan and Comprehensive Plan.-- ``(1) In general.--The Administrator, acting through the Team Leader and in consultation with the Estuary Partnership, shall carry out projects, programs, and studies to implement the Action Plan and the Comprehensive Plan. ``(2) Priority projects, programs, and studies.--The Administrator may give special emphasis to projects, programs, and studies that are identified as priorities by the Estuary Partnership in the Action Plan and the Comprehensive Plan. ``(3) Grants.-- ``(A) In general.--The Administrator, acting through the Team Leader, is authorized to make grants for projects, programs, and studies to implement the Action Plan and the Comprehensive Plan. ``(B) Allocations.--In making grants using funds appropriated to carry out this paragraph for a fiscal year, the Administrator, acting through the Team Leader, shall use-- ``(i) not less than 40 percent of the funds to make a comprehensive grant to the Estuary Partnership to manage implementation of the Comprehensive Plan; ``(ii) not less than 50 percent of the funds to make grants, as allocated by the Team Leader, for projects, programs and studies prioritized in the Action Plan throughout the Columbia River Basin, and for other coordinated projects, programs, and studies in the Middle and Upper Columbia River Basin; and ``(iii) not more than 5 percent of the funds for project management, administration, and reporting. ``(4) Federal share.--The Federal share of the costs for which a grant is made under this section shall be 75 percent, except that the Administrator may increase the Federal share in such circumstances as the Administrator determines appropriate. ``(f) Annual Budget Plan.--The President, as part of the President's annual budget submission to Congress under section 1105(a) of title 31, United States Code, shall submit information regarding each Federal agency involved in protection and restoration of the Columbia River Basin, including-- ``(1) an interagency crosscut budget that displays for each Federal agency-- ``(A) the amounts obligated in the preceding fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin; ``(B) the estimated budget for the current fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin; and ``(C) the proposed budget for protection and restoration projects, programs, and studies relating to the Columbia River Basin; and ``(2) a description and assessment of the Federal role in the development and implementation of the Action Plan and the Comprehensive Plan and the specific role of each Federal agency involved in protection and restoration of the Columbia River Basin, including specific projects, programs, and studies conducted or planned to achieve the identified goals and objectives of the Action Plan and the Comprehensive Plan. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $40,000,000 for each of fiscal years 2011 through 2016. Such sums shall remain available until expended.''.", "summary": "Columbia River Restoration Act of 2010 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to: (1) establish within EPA a Columbia River Program Team, located within the Oregon Operations Office for EPA's Region 10; and (2) appoint a Team Leader who shall be highly qualified to support the development and implementation of projects, programs, and studies necessary to implement the Columbia River Basin Toxics Reduction Action Plan developed by EPA and the Columbia River Toxics Reduction Working Group in 2010. Directs the Administrator, acting through the Team Leader, to: (1) assist and support the implementation of the Action Plan and the Estuary Partnership Comprehensive Conservation and Management Plan adopted by EPA and the Governors of Oregon and Washington on October 20, 1999; (2) coordinate the implementation of, and the development of any updates to, those Plans, with programs and projects in the Middle and Upper Columbia River Basin; (3) make other appropriate updates; (4) provide funding and make grants for implementation consistent with Plan priorities; (5) promote innovative methodologies and technologies that are cost effective and consistent with Plan goals and objectives and EPA's permitting processes; (6) coordinate the major functions of the federal government related to Plan implementation; (7) coordinate authorized research and planning projects; (8) track progress toward meeting Plan goals and objectives; and (9) collect and make available to the public information regarding the environmental quality of the Lower Columbia River and Estuary. Requires the Administrator, through the Team Leader, to carry out projects, programs, and studies to implement the Plans. Authorizes the Administrator to give special emphasis to those projects, programs, and studies identified as priorities by the Estuary Partnership in the Plans. Authorizes the Administrator, through the Team Leader, to make grants to implement the Plans. Sets forth requirements regarding grant allocations and the federal share of costs. Directs the President, as part of his annual budget submission to Congress, to submit information regarding each federal agency involved in protection and restoration of the Columbia River Basin."}
{"article": "SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Alternative Minimum Tax Repeal Act of 1995''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. ALTERNATIVE MINIMUM TAX. (a) In General.--Part VI of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to alternative minimum tax) is hereby repealed. (b) Conforming Amendments.-- (1) Subparagraph (B) of section 1(g)(7) (relating to election to claim certain unearned income of child on parent's return) is amended-- (A) by inserting ``and'' at the end of clause (i), (B) by striking ``and'' and the end of clause (ii) and inserting a period, and (C) by striking clause (iii). (2) Subsection (d) of section 2 (relating to taxes imposed on nonresident aliens) is amended by striking ``sections 1 and 55'' and inserting ``section 1''. (3) Subsection (a) of section 5 (relating to cross references relating to tax on individuals) is amended by striking paragraph (4). (4) Subsection (d) of section 11 (relating to taxes imposed on foreign corporations) is amended by striking ``the taxes imposed by subsection (a) and section 55'' and inserting ``the tax imposed by subsection (a)''. (5) Section 12 (relating to cross references relating to tax on corporations) is amended by striking paragraph (7). (6) Section 26 (relating to limitation based on tax liability; definition of tax liability) is amended-- (A) by amending subsection (a) to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the taxpayer's regular tax liability for the taxable year.'', (B) in subsection (b)(2), by striking subparagraph (A) and by redesignating subparagraphs (B) through (N) as subparagraphs (A) through (M), respectively, and (C) by striking subsection (c). (7) Paragraph (3) of section 30(b) (relating to credit for qualified electric vehicles) is amended by striking ``the excess'' and all that follows and inserting ``the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 28, and 29.'' (8) Subsection (h) of section 32 (relating to reduction of credit to taxpayers subject to alternative minimum tax) is hereby repealed. (9) Subsection (c) of section 38 (relating to business related credits) is amended-- (A) by striking paragraphs (1) and (2) and inserting the following new paragraph: ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed 25 percent of so much of the taxpayer's net regular tax liability as exceeds $25,000. For purposes of the preceding sentence, the term `net regular tax liability' means the regular tax liability reduced by the sum of the credits allowable under subparts A and B of this part.'', and (B) by redesignating paragraph (3) as paragraph (2). (10) Subsection (c) of section 53 is amended by striking ``the excess'' and all that follows and inserting ``the regular tax liability of the taxpayer for such taxable year reduced by the sum of the credits allowable under subparts A, B, D, E, and F of this part.'' (11) Subsection (b) of section 59A (relating to environmental tax) is amended by adding at the end the following: ``For purposes of this subsection, references to sections 55 and 56 shall be treated as references to such sections as in effect on the day before the date of the enactment of the Alternative Minimum Tax Repeal Act of 1995.''. (12)(A) Paragraph (2) of section 148(b) is amended by adding at the end the following new flush sentence: ``Such term shall not include any tax-exempt bond.'' (B) Paragraph (3) of section 148(b) (relating to higher yield investments) is hereby repealed. (13) Subparagraph (B) of section 149(g)(3) (relating to hedge bonds) is amended by striking all that follows ``invested in bonds'' and inserting ``the interest on which is not includible in gross income under section 103.'' (14) Section 173 (relating to circulation expenditures) is amended by striking ``(a) General Rule.--'' and by striking subsection (b). (15) Subsection (f) of section 174 (relating to research and experimental expenditures) is amended to read as follows: ``(f) Cross Reference.-- ``For adjustments to basis of property for amounts allowed as deductions as deferred expenses under subsection (b), see section 1016(a)(14).'' (16) Subsection (c) of section 263 (relating to capital expenditures) is amended by striking ``59(e) or''. (17) Subsection (c) of section 263A (relating to capitalization and inclusion in inventory costs of certain expenses) is amended by striking paragraph (6). (18) Section 382(l) (relating to net operating loss carryforwards and certain built-in losses following ownership change) is amended by striking paragraph (7). (19) Section 443 (relating to adjustment in computing minimum tax and tax preferences) is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (20) Section 617 (relating to deduction and recapture of certain mining exploration expenditures) is amended by striking subsection (i). (21) Subsections (b) and (c) of section 666 (relating to accumulation distribution of trust allocated to preceding years) are each amended by striking ``(other than the tax imposed by section 55)''. (22) Section 847 (relating to special estimated tax payments) is amended-- (A) in paragraph (9), by striking the last sentence; (B) in paragraph (10), by inserting ``and'' at the end of subparagraph (A) and by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (23) Section 848 (relating to capitalization of certain policy acquisition expenses) is amended by striking subsection (i) and by redesignating subsection (j) as subsection (i). (24) Paragraph (1) of section 871(b) (relating to tax on nonresident alien individuals) is amended by striking ``, 55,''. (25) Subsection (b) of section 877 (relating to expatriation to avoid tax) is amended by striking ``, 55,''. (26) Paragraph (1) of section 882(a) is amended by striking ``55,''. (27) Subsection (a) of section 897 (relating to disposition of investment in United States real property) is amended to read as follows: ``(a) Treatment as Effectively Connected With United States Trade or Business.--For purposes of this title, gain or loss of a nonresident alien individual or a foreign corporation from the disposition of a United States real property interest shall be taken into account-- ``(1) in the case of a nonresident alien individual, under section 871(b)(1), or ``(2) in the case of a foreign corporation, under section 8872(a)(1), as if the taxpayer were engaged in a trade or business within the United States during the taxable year and as if such gain or loss were effectively connected with such trade or business.'' (28) Subsection (j) of section 904 (relating to limitation on credit) is amended to read as follows: ``(j) Cross Reference.-- ``For increase of limitation under subsection (a) for taxes paid with respect to amounts received which were included in the gross income of the taxpayer for a prior taxable year as a United States shareholder with respect to a controlled foreign corporation, see section 960(b).'' (29) Paragraph (1) of section 962(a) (relating to election by individuals to be subject to tax at corporate rates) is amended-- (A) by striking ``sections 1 and 55'' and inserting ``section 1'', and (B) by striking ``sections 11 and 55'' and inserting ``section 11''. (30) Paragraph (20) of section 1016(a) (relating to adjustments to basis) is amended by inserting ``, as in effect on the day before the date of the enactment of the Alternative Minimum Tax Repeal Act of 1995'' after ``preferences)''. (31) Subsection (a) of section 1561 (relating to limitations on certain multiple tax benefits in the case of certain controlled corporations) is amended by striking the last sentence. (32) Subparagraph (A) of section 6425(c)(1) (defining income tax liability) is amended-- (A) by inserting ``plus'' at the end of clause (i), and (B) by striking clause (ii) and by redesignating clause (iii) as clause (ii). (33) Section 6654(d)(2) (relating to failure by individual to pay estimated income tax) is amended-- (A) in clause (i) of subparagraph (B), by striking ``, alternative minimum taxable income,'', and (B) in clause (i) of subparagraph (C), by striking ``, alternative minimum taxable income,''. (34) Subparagraph (C) of section 6662(e)(3) (relating to accuracy-related penalty) is amended by inserting ``, as in effect on the day before the date of the enactment of the Alternative Minimum Tax Repeal Act of 1995'' after ``55(c)''. (c) Clerical Amendments.--The table of parts for subchapter A of chapter 1 is amended by striking the item relating to part VI. (d) Effective Date.--The amendments made by this section shall take effect in taxable years beginning after December 31, 1994.", "summary": "Alternative Minimum Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the alternative minimum tax."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Panama Security Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States secured the independence of the Republic of Panama, built the Panama Canal at considerable cost in blood and treasure, and has provided for its management, operations, maintenance, improvement, and defense throughout the 20th century, providing a vital service to the peaceful commerce of all nations as well as substantial returns to the national interests of both the United States and Panama. (2) The Panama Canal continues to play a vital role both in international trade and in the national security of the United States, reducing the distance by sea between New York and San Francisco by some 8,000 miles, contributing critical strategic mobility to naval forces of the United States and substantial savings to maritime commerce. (3) Absent any new base-rights agreement between the United States Government and the Government of the Republic of Panama allowing for a post-2000 United States military presence, United States forces in Panama will be reduced to zero by December 31, 1999, calling into question the ability of the United States to continue to protect its interests in the area. (4) The Roosevelt Corollary to the Monroe Doctrine proclaimed in 1904 that it was a national security concern of the United States when foreign powers attempted to use public or private investment as a vehicle for the expansion of political and military influence in the Western Hemisphere. (5) The recent grant to Hutchison Whampoa, a Chinese firm with ties to the Government of the People's Republic of China, of management control of the Panamanian ports of Balboa and San Cristobal, located at either end of the Panama Canal, has raised the specter of the expansion of Chinese political influence in Panama--a situation aggravated by unanswered questions concerning the methods used by the Chinese firm to win its bids. (6) In addition, Article V of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, states that only the Republic of Panama shall maintain military forces, defense sites, and military installations in its national territory after December 31, 1999. SEC. 3. LIMITATION ON ASSISTANCE TO THE REPUBLIC OF PANAMA IF FORMER UNITED STATES MILITARY FACILITIES IN THE REPUBLIC OF PANAMA ARE CONVEYED TO ANY FOREIGN GOVERNMENT-OWNED ENTITY. (a) Limitation on United States Assistance.--United States assistance may not be provided to the Republic of Panama for any period of time beginning after the date of the enactment of this Act during which a defense site or military installation, that is located within the territory of the Republic of Panama and that was at any time part of a defense site or military installation built or formerly operated by the United States, has been conveyed by the Government of the Republic of Panama to any foreign government-owned entity. (b) Opposition to Assistance From International Financial Institutions.--The President shall instruct the United States representative to each international financial institution to which the United States is a member to use the voice and vote of the United States to oppose any loans or other forms of assistance from that institution to the Republic of Panama for any period of time during which the Government of the Republic of Panama is in violation of the requirements of subsection (a). SEC. 4. REPORTING REQUIREMENTS. (a) Report by the President.--Not later than 60 days after the date of the enactment of this Act, the President shall prepare and transmit to the Congress a report containing a description of how Hutchison Whampoa, a Chinese firm with ties to the Government of the People's Republic of China, was selected to receive a grant for management control of the Panamanian ports of Balboa and San Cristobal, located at either end of the Panama Canal, including whether or not the United States Government-- (1) had any information concerning the bid by Hutchison Whampoa to receive such grant; (2) provided adequate support to bids by United States firms for such grant; and (3) had any knowledge of ties that exist between Hutchison Whampoa and the Government of the People's Republic of China. (b) Report by the Secretary of Defense.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall prepare and submit to the Congress a report containing-- (1) a description of the extent to which the control of the ports San Cristobal and Balboa in the Republic of Panama by Hutchison Whampoa, a Chinese firm with ties to the Government of the People's Republic of China, poses a threat to the security of the United States; and (2) a description of how the strategic interests of the United States with respect to the Panama Canal will continue to be protected after the Government of the Republic of Panama assumes sole responsibility for the defense of the Canal and becomes the only entity entitled to have military forces, defense sites, or military installations in Panama after December 31, 1999. (c) Reports by the Director of Central Intelligence.--Not later than March 31 of each year, the Director of Central Intelligence, in cooperation with the heads of other appropriate Federal agencies, including the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, the Secretary of Defense, the Secretary of the Treasury, the Secretary of Commerce and the Secretary of State, shall prepare and submit to the Congress a report, in both classified and unclassified form, on the intelligence activities of the People's Republic of China against or affecting United States interests in the Republic of Panama, including a description of-- (1) the extent of political, military, and economic espionage by the People's Republic of China; (2) the extent of intelligence activities by the People's Republic of China designed to gain political influence; (3) efforts by the People's Republic of China to gain direct or indirect influence through commercial or noncommercial intermediaries subject to control by the People's Republic of China, including enterprises controlled by the People's Liberation Army; and (4) disinformation or press manipulation directed against the United States. (d) Report by the Director of the Office of National Drug Control Policy.--Not later than 60 days after the date of the enactment of this Act, the Director of the Office of National Drug Control Policy shall prepare and submit to the Congress a report on the utility of maintaining a military presence in the Republic of Panama for interdicting illegal drugs. SEC. 5. RENEGOTIATION OF THE PANAMA CANAL TREATY. (a) Renegotiation of Existing Treaties; Negotiation of New Treaty.--The President is authorized and directed to confer with the Government of the Republic of Panama to renegotiate the terms of the Panama Canal Treaty and the Treaty Concerning the Neutrality and Operation of the Panama Canal, or to negotiate a new agreement to supersede the such Treaties, for the purpose of providing for the security of the Canal into the 21st Century. (b) Sense of the Congress.--It is the sense of the Congress that any negotiations conducted under subsection (a) should include the following: (1) A ban on foreign government investment in, or management of, the Panama Canal and related projects or other infrastructure projects related to transit across the isthmus of Panama or through Panamanian territory. (2) The right to a continuing United States military presence in Panama to actively cooperate with Panama in the defense of the Panama Canal. (3) A continuing United States presence in Panama to actively cooperate with Panama in the interdiction and eradication of illegal drug trafficking through the territory of Panama or adjacent areas. (4) The right to control or prohibit the use of the Panama Canal by hostile powers, terrorist states, or criminal groups, by redefining the terms of the 1977 Treaty Concerning the Neutrality and Operation of the Panama Canal to apply only to its peaceful, non-belligerent use by states or entities other than the United States and Panama. SEC. 6. DEFINITIONS. As used in this Act: (1) Panama canal treaty.--The term ``Panama Canal Treaty'' means the Panama Canal Treaty between the United States and the Republic of Panama, signed at Washington on September 7, 1977 (33 UST 39). (2) Treaty concerning the permanent neutrality and operation of the panama canal.--The term ``Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal'' means the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal between the United States and the Republic of Panama, signed at Washington on September 7, 1977 (33 UST 1). (3) United states assistance.--The term ``United States assistance means-- (A) assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)(including programs under title IV of chapter 2 of such part; relating to the Overseas Private Investment Corporation), except that such term does not include humanitarian assistance; (B) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.; relating to military assistance), including the transfer of excess defense articles under section 516 of such Act; (C) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to international military education and training); (D) assistance under the ``Foreign Military Financing Program'' under section 23 of the Arms Export Control Act (22 U.S.C. 2763); (E) the transfer of defense articles, defense services, or defense and construction services under Arms Export Control Act (22 U.S.C. 2751 et seq.), including defense articles and defense services licensed or approved for export under section 38 of such Act; or (F) financing under the Export-Import Bank Act of 1945.", "summary": "United States-Panama Security Act of 1997 - Bars U.S. assistance to Panama during any period in which a defense site or military installation located in Panama that was at any time part of a site or installation built or formerly operated by the United States has been conveyed by the Government of Panama to any foreign government-owned entity. Directs the President to instruct the U.S. representatives to the international financial institutions to oppose any loans or other assistance to Panama during any such period. Requires the President to report to the Congress on how Hutchison Whampoa, a Chinese firm with ties to the Chinese Government, was selected to receive a grant for management control of the Panamanian ports of Balboa and San Cristobal. Directs the Secretary of Defense to report to the Congress on: (1) the extent to which the control of such ports by such firm poses a threat to U.S. security; and (2) how U.S. strategic interests with respect to the Panama Canal will continue to be protected after the Government of Panama assumes sole responsibility for the defense of the Canal and becomes the only entity entitled to have military forces, defense sites, or military installations in Panama after December 31, 1999. Requires: (1) the Director of Central Intelligence to report annually to the Congress on the intelligence activities of China against or affecting U.S. interests in Panama; and (2) the Director of the Office of National Drug Control Policy to report to the Congress on the utility of maintaining a military presence in Panama for interdicting illegal drugs. Authorizes and directs the President to confer with the Government of Panama to renegotiate the terms of the Panama Canal Treaty and the Treaty Concerning the Neutrality and Operation of the Panama Canal or to negotiate a new agreement to supersede such treaties. Expresses the sense of the Congress that any negotiations should include: (1) a ban on foreign government investment in or management of the Canal and related projects; (2) the right to a continued U.S. military presence in Panama and a continued presence to interdict and eradicate illegal drug trafficking through Panama; and (3) the right to control or prohibit the use of the Canal by hostile powers, terrorist states, or criminal groups by redefining the terms of the 1977 Treaty Concerning the Neutrality and Operation of the Panama Canal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Public Alert and Warning System Modernization Act of 2015''. SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) Integrated Public Alert and Warning System Modernization.-- (1) In general.--To provide timely and effective disaster warnings under this section, the President, acting through the Administrator of the Federal Emergency Management Agency, shall, except as provided in paragraph (4)-- (A) modernize the integrated public alert and warning system of the United States (in this section referred to as the ``public alert and warning system'') to ensure that the President under all conditions is able to alert and warn governmental authorities and the civilian population in areas endangered by disasters; and (B) implement the public alert and warning system. (2) Implementation requirements.--In carrying out paragraph (1), the Administrator shall, consistent with the recommendations in the final report of the Integrated Public Alert and Warning System Advisory Committee (established under subsection (b))-- (A) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; (B) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (C) include in the public alert and warning system the capability to alert, warn, and provide the equivalent amount of information to individuals with disabilities and individuals with access and functional needs; (D) ensure that training, tests, and exercises are conducted for the public alert and warning system and that the system is incorporated into other training and exercise programs of the Department of Homeland Security, as appropriate; (E) establish and integrate into the National Incident Management System a comprehensive and periodic training program to instruct and educate Federal, State, tribal, and local government officials in the use of the Common Alerting Protocol enabled Emergency Alert System; and (F) ensure that the public alert and warning system is resilient, secure, and can withstand acts of terrorism and other external attacks. (3) System requirements.--Consistent with paragraph (1), the public alert and warning system shall-- (A) incorporate multiple communications technologies; (B) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; (C) to the extent technically feasible, be designed to provide alerts to the largest portion of the affected population, including nonresident visitors and tourists and individuals with disabilities and access and functional needs, and improve the ability of remote areas to receive alerts; (D) promote local and regional public and private partnerships to enhance community preparedness and response; (E) provide redundant alert mechanisms if practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device; and (F) include a mechanism to ensure the protection of individual privacy. (4) Limitation on authority.--Nothing in this subsection authorizes or requires the Federal Emergency Management Agency or any other government entity to require any action on the part of the Federal Communications Commission, the Department of Commerce, the Office of Emergency Communications, or any nongovernmental entity, nor impact any existing obligations of such entities. (5) Implementation plan.--Not later than 180 days after the date of submission of the report of the Integrated Public Alert and Warning System Advisory Committee, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a detailed plan to implement the public alert and warning system. The plan shall include a timeline for implementation, a spending plan, and recommendations for any additional authority that may be necessary to fully implement this subsection. (6) Funding.--There is authorized to be appropriated $12,824,000 of the amount made available pursuant to section 699 of the Post Katrina Emergency Management Reform Act of 2006 (Public Law 109-295; 6 U.S.C. 811) for each of fiscal years 2016, 2017, and 2018 to carry out the provisions of this section. (b) Integrated Public Alert and Warning System Advisory Committee.-- (1) Establishment.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall establish an advisory committee to be known as the Integrated Public Alert and Warning System Advisory Committee (in this subsection referred to as the ``Advisory Committee''). (2) Membership.--The Advisory Committee shall be composed of the following members (or their designees) to be appointed by the Administrator as soon as practicable after the date of enactment of this Act: (A) The Chairman of the Federal Communications Commission. (B) The Administrator of the National Oceanic and Atmospheric Administration of the Department of Commerce. (C) The Assistant Secretary for Communications and Information of the Department of Commerce. (D) The Director of the Office of Disability Integration and Coordination of the Federal Emergency Management Agency. (E) Representatives of State and local governments, representatives of emergency management agencies, and representatives of emergency response providers, selected from among individuals nominated by national organizations representing governments and personnel. (F) Representatives from federally recognized Indian tribes and national Indian organizations. (G) Individuals who have the requisite technical knowledge and expertise to serve on the Advisory Committee, including representatives of-- (i) communications service providers; (ii) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; (iii) third-party service bureaus; (iv) the broadcasting industry, including commercial and noncommercial radio and television stations; (v) the commercial mobile radio service industry; (vi) the cable industry; (vii) the satellite industry; and (viii) national organizations representing individuals with disabilities and access and functional needs and national organizations representing the elderly. (H) Qualified representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (3) Chairperson.--The Administrator shall serve as the Chairperson of the Advisory Committee. (4) Meetings.-- (A) Initial meeting.--The initial meeting of the Advisory Committee shall take place not later than 120 days after the date of enactment of this Act. (B) Other meetings.--After the initial meeting, the Advisory Committee shall meet, at least annually, at the call of the Chairperson. (C) Notice; open meetings.--Meetings held by the Advisory Committee shall be duly noticed at least 14 days in advance and shall be open to the public. (D) Interested persons.--Interested persons shall be permitted to attend, appear before, or file statements with the Advisory Committee, in accordance with subsection (c) of section 552b of title 5, United States Code. (E) Meeting minutes.--The Advisory Committee shall keep detailed minutes of each meeting, which shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the Advisory Committee. (F) Availability of information.--The records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by the Advisory Committee shall be available for public inspection and copying, subject to section 552 of title 5, United States Code, at a single location in the office of the Federal Emergency Management Agency until the Advisory Committee ceases to exist. (5) Rules.-- (A) Quorum.--One-third of the members of the Advisory Committee shall constitute a quorum for conducting business of the Advisory Committee. (B) Subcommittees.--To assist the Advisory Committee in carrying out its functions, the Chairperson may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts as the Chairperson considers necessary. (C) Additional rules.--The Advisory Committee may adopt such other rules as are necessary to carry out its duties. (6) Consultation with nonmembers.--The Advisory Committee and the program offices for the integrated public alert and warning system for the United States shall regularly meet with groups that are not represented on the Advisory Committee to consider new and developing technologies that may be beneficial to the public alert and warning system. Such groups may include-- (A) the Defense Advanced Research Projects Agency; (B) entities engaged in federally funded research; and (C) academic institutions engaged in relevant work and research. (7) Recommendations.--The Advisory Committee shall develop recommendations for an integrated public alert and warning system, including-- (A) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; and (B) recommendations to provide for a public alert and warning system that-- (i) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (ii) has the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; (iii) incorporates multiple communications technologies; (iv) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; (v) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; (vi) promotes local and regional public and private partnerships to enhance community preparedness and response; (vii) provides redundant alert mechanisms if practicable in order to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device; and (viii) promotes the participation of representatives from traditionally underserved and underrepresented communities, to ensure that alerts and warnings reach such populations. (8) Initial and annual report.--Not later than 1 year after the date of enactment of this Act, the Advisory Committee shall submit to the Administrator, the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing the recommendations of the Advisory Committee. (9) Federal advisory committee act.--Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation issued under that Act shall apply to the Advisory Committee. (10) Termination.--The Advisory Committee shall terminate not later than 6 years after the date of enactment of this Act. (c) Limitation on Statutory Construction.--Nothing in this section shall be construed to provide the Federal Emergency Management Agency with regulatory authority with respect to any nongovernment entity.", "summary": ". Integrated Public Alert and Warning System Modernization Act of 2015 This bill directs the Federal Emergency Management Agency (FEMA) to modernize and implement the integrated public alert and warning system of the United States to ensure that the President is able, under all conditions, to alert governmental authorities and the civilian population in areas endangered by disasters, including by: establishing common alerting and warning protocols, standards, terminology, and operating procedures for such system; including in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences and to alert individuals with disabilities and individuals with access and functional needs; ensuring that training, tests, and exercises are conducted for such system; establishing and integrating into the National Incident Management System a comprehensive and periodic training program to instruct and educate federal, state, tribal, and local government officials in the use of the Common Alerting Protocol enabled Emergency Alert System; and ensuring that the system is resilient, secure, and can withstand acts of terrorism and other external attacks. The system shall: incorporate multiple communications technologies, be designed to incorporate future technologies for communicating directly with the public to provide alerts to the largest portion of the affected population feasible and to improve the ability of remote areas to receive alerts, promote local and regional partnerships to enhance community preparedness and response, provide redundant alert mechanisms, and protect individual privacy. FEMA must: (1) submit a detailed plan to implement the system, including a time line, a spending plan, and recommendations for any additional authority necessary; and (2) establish the Integrated Public Alert and Warning System Advisory Committee to develop recommendations for the system."}
{"article": "SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Extension services such as the Manufacturing Extension Partnership and the Agricultural Extension Service have proven to be effective public-private partnerships to integrate new technologies and to improve utilization of existing technologies by small to medium sized manufacturers and the United States agricultural community. (2) Undergraduate institutions of higher education working with nonprofit organizations and State and Federal agencies can tailor educational technology extension programs to meet specific local and regional requirements. (3) Undergraduate institutions of higher education, often with the assistance of the National Science Foundation, have during the past 20 years been integrating educational technologies into their curriculums, and as such can draw upon their own experiences to advise elementary and secondary school educators on ways to integrate a variety of educational technologies into the educational process. (4) Many elementary and secondary school systems, particularly in rural and traditionally underserved areas, lack general information on the most effective methods to integrate their existing technology infrastructure, as well as new educational technology, into the educational process and curriculum. (5) Most Federal and State educational technology programs have focused on acquiring educational technologies with less emphasis on the utilization of those technologies in the classroom and the training and infrastructural requirements needed to efficiently support those types of technologies. As a result, in many instances, the full potential of educational technology has not been realized. (6) Our global economy is increasingly reliant on a workforce not only comfortable with technology, but also able to integrate rapid technological changes into the production process. As such, in order to remain competitive in a global economy, it is imperative that we maintain a work-ready labor force. (7) According to ``Teacher Quality: A Report on the Preparation and Qualifications of Public School Teachers'', prepared by the Department of Education, only 1 in 5 teachers felt well prepared to work in a modern classroom. (8) The most common form of professional development for teachers continues to be workshops that typically last no more than 1 day and have little relevance to teachers' work in the classroom. (9) A 1998 national survey completed by the Department of Education found that only 19 percent of teachers had been formally mentored by another teacher, and that 70 percent of these teachers felt that this collaboration was very helpful to their teaching. (b) Purpose.--The purpose of this Act is to improve the utilization of educational technologies in elementary and secondary education by creating an educational technology extension service based at intermediate school districts, regional education service agencies, or undergraduate institutions of higher education. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Director'' means the Director of the National Science Foundation. (2) The term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). SEC. 3. EDUCATIONAL TECHNOLOGY UTILIZATION EXTENSION ASSISTANCE. (a) Program Authorized.-- (1) General authority--The Director, in cooperation with the Secretary of Education and the Director of the National Institute of Standards and Technology, is authorized to provide assistance for the creation and support of regional centers for the utilization of educational technologies (hereinafter in this Act referred to as ``ETU Centers''). (2) Functions of centers-- (A) Establishment.--ETU Centers may be established at any intermediate school district, regional education service agency, institution of higher education, or consortium of such entities, but such Centers may include the participation of nonprofit entities. (B) Objectives of centers.--The objective of ETU Centers is to enhance the utilization of educational technologies in elementary and secondary education through-- (i) advising elementary and secondary school administrators, school boards, and teachers on the adoption and utilization of new educational technologies and the utility of local schools' existing educational technology assets and infrastructure; (ii) participation of individuals from the private sector, universities, State and local governments, and other Federal agencies; (iii) active dissemination of technical and management information about the use of educational technologies; and (iv) utilization, if appropriate, of the expertise and capabilities that exist in Federal laboratories and Federal agencies. (C) Activities of centers.--The activities of ETU Centers shall include the following: (i) The active transfer and dissemination of research findings and ETU Center expertise to local school authorities, including school administrators, school boards, and teachers. (ii) The training of teachers in the integration of local schools' existing educational technology infrastructure into their instructional design. (iii) The training and advising of teachers, administrators, and school board members in the acquisition, utilization, and support of educational technologies. (iv) Support services to teachers, administrators, and school board members as agreed upon by ETU Center representatives and local school authorities. (v) The advising of teachers, administrators, and school board members on current skill set standards employed by private industry. (3) Program administration.-- (A) Proposed rules.--The Director, after consultation with the Secretary of Education and the Director of the National Institute of Standards and Technology, shall publish in the Federal Register, not later than 90 days after the date of the enactment of this Act, proposed rules for the program for establishing ETU Centers, including-- (i) a description of the program; (ii) the procedures to be followed by applicants; (iii) the criteria for determining qualified applicants; and (iv) the criteria, including those listed in this section, for choosing recipients of financial assistance under this Act from among qualified applicants. (B) Final rules.--The Director shall publish final rules for the program under this Act after the expiration of a 30-day comment period on such proposed rules. (4) Eligibility and selection.-- (A) Applications required.--Any intermediate school district, regional education service agency, undergraduate institution of higher education, or consortium of any of those entities may submit an application for financial support under this Act in accordance with the procedures established under this Act. In order to receive assistance under this Act, an applicant shall provide adequate assurances that the applicant will contribute 50 percent or more of the proposed ETU Center's capital and annual operating and maintenance costs. (B) Selection.--The Director, in conjunction with the Secretary of Education and the Director of the National Institute of Standards and Technology, shall subject each application to competitive, merit-based review. In making a decision whether to approve such application and provide financial support under this Act, the Director of the National Science Foundation shall consider, at a minimum-- (i) the merits of the application, particularly those portions of the application regarding the adaptation of training and educational technologies to the needs of particular regions; (ii) the quality of service to be provided; (iii) the geographical diversity and extent of service area, with particular emphasis on rural and traditionally underdeveloped areas; and (iv) the percentage of funding and amount of in-kind commitment from other sources. (C) Evaluation.--Each ETU Center that receives financial assistance under this Act shall be evaluated during its third year of operation by an evaluation panel appointed by the Director. Each evaluation panel shall measure the involved ETU Center's performance against the objectives specified in this Act. Funding for an ETU Center shall not be renewed unless the evaluation is positive. (b) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation to carry out this Act $7,000,000 for fiscal year 2002, $8,500,000 for fiscal year 2003, and $9,500,000 for fiscal year 2004.", "summary": "Authorizes the Director of the National Science Foundation (NSF), in cooperation with the Secretary of Education and the Director of the National Institute of Standards and Technology (NIST), to provide assistance for the creation and support of regional centers for the utilization of educational technologies (ETU Centers). Allows ETU Centers to be established at any intermediate school district, regional education service agency, institution of higher education, or consortium of such entities, and to include the participation of non-profit entities.Requires ETU Centers to enhance the use of educational technologies in elementary and secondary education through: (1) advice to school administrators, school boards, and teachers on adopting and using new educational technologies and the usefulness of local schools' existing educational technology assets and infrastructure; (2) participation of individuals from the private sector, universities, State and local governments, and other Federal agencies; (3) active dissemination of technical and management information about the use of educational technologies; and (4) appropriate use of the expertise and capabilities that exist in Federal laboratories and Federal agencies.Requires ETU Centers' activities to include: (1) active transfer and dissemination of research findings and ETU Center expertise to local school authorities; (2) training of teachers in integrating schools' existing educational technology infrastructure into their instructional design; (3) training and advising of teachers, administrators, and school board members in acquiring, using, and supporting educational technologies; (4) support services to teachers, administrators, and school board members; and (5) advising of teachers, administrators, and school board members on current skill set standards employed by private industry."}
{"article": "SECTION 1. DEMONSTRATION PROGRAM ON ACCESSION OF CANDIDATES WITH AUDITORY IMPAIRMENTS AS AIR FORCE OFFICERS. (a) Demonstration Program Required.--Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall carry out a demonstration program to assess the feasibility and advisability of permitting individuals with auditory impairments (including deafness) to access as officers of the Air Force. (b) Candidates.-- (1) Number of candidates.--The total number of individuals with auditory impairments who may participate in the demonstration program shall be not fewer than 15 individuals or more than 20 individuals. (2) Mix and range of auditory impairments.--The individuals who participate in the demonstration program shall include individuals who are deaf and individuals who have a range of other auditory impairments. (3) Qualification for accession.--Any individual who is chosen to participate in the demonstration program shall meet all essential qualifications for accession as an officer in the Air Force, other than those related to having an auditory impairment. (c) Selection of Participants.-- (1) In general.--The Secretary of the Air Force shall-- (A) publicize the demonstration program nationally, including to individuals who have auditory impairments and would be otherwise qualified for officer training; (B) create a process whereby interested individuals can apply for the demonstration program; and (C) select the participants for the demonstration program, from among the pool of applicants, based on the criteria in subsection (b). (2) No prior service as air force officers.--Participants selected for the demonstration program shall be individuals who have not previously served as officers in the Air Force. (d) Basic Officer Training.-- (1) In general.--The participants in the demonstration program shall undergo, at the election of the Secretary of the Air Force, the Basic Officer Training course or the Commissioned Officer Training course at Maxwell Air Force Base, Alabama. (2) Number of participants.--Once individuals begin participating in the demonstration program, each Basic Officer Training course or Commissioned Officer Training course at Maxwell Air Force Base, Alabama, shall include not fewer than 4, or more than 6, participants in the demonstration program until all participants have completed such training. (3) Auxiliary aids and services.--The Secretary of Defense shall ensure that participants in the demonstration program have the necessary auxiliary aids and services (as that term is defined in section 4 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12103)) in order to fully participate in the demonstration program. (e) Coordination.-- (1) Special advisor.--The Secretary of the Air Force shall designate a special advisor to the demonstration program to act as a resource for participants in the demonstration program, as well as a liaison between participants in the demonstration program and those providing the officer training. (2) Qualifications.--The special advisor shall be a member of the Armed Forces on active duty-- (A) who-- (i) if a commissioned officer, shall be in grade O-3 or higher; or (ii) if an enlisted member, shall be in grade E-5 or higher; and (B) who is knowledgeable about issues involving, and accommodations for, individuals with auditory impairments (including deafness). (3) Responsibilities.--The special advisor shall be responsible for facilitating the officer training for participants in the demonstration program, intervening and resolving issues and accommodations during the training, and such other duties as the Secretary of the Air Force may assign to facilitate the success of the demonstration program and participants. (f) Report.--Not later than two years after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the appropriate committees of Congress a report on the demonstration program. The report shall include the following: (1) A description of the demonstration program and the participants in the demonstration program. (2) The outcome of the demonstration program, including-- (A) the number of participants in the demonstration program that successfully completed the Basic Officer Training course or the Commissioned Officer Training course; (B) the number of participants in the demonstration program that were recommended for continued military service; (C) the issues that were encountered during the program; and (D) such recommendation for modifications to the demonstration program as the Secretary considers appropriate to increase further inclusion of individuals with auditory disabilities serving as officers in the Air Force or other Armed Forces. (3) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the demonstration program. (g) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.", "summary": "Requires the Secretary of the Air Force to carry out a demonstration program to assess the feasibility and advisability of permitting individuals with auditory impairments (including deafness) access as officers of the Air Force. Authorizes between 15 and 20 individuals who are deaf or have a range of other auditory impairments, who otherwise meet all essential qualifications for accession as an officer of the Air Force, and who have not previously served as officers to participate in such program. Requires selected participants to undergo the Basic Officer Training course or the Commissioned Officer Training course at Maxwell Air Force Base, Alabama, at the election of the Secretary. Requires the Secretary to designate a special advisor to act as a resource for participants, as well as a liaison between participants and those providing the officer training."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Designer Anabolic Steroid Control Act of 2014''. SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT. (a) Definitions.--Section 102(41) of the Controlled Substances Act (21 U.S.C. 802(41)) is amended-- (1) in subparagraph (A)-- (A) in clause (xlix), by striking ``and'' at the end; (B) by redesignating clause (xlx) as clause (lxxv); and (C) by inserting after clause (xlix) the following: ``(l) 5a-Androstan-3,6,17-trione; ``(li) 6-bromo-androstan-3,17-dione; ``(lii) 6-bromo-androsta-1,4-diene-3,17-dione; ``(liii) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-diol; ``(liv) 4-chloro-17a-methyl-androst-4-ene-3b,17b-diol; ``(lv) 4-chloro-17a-methyl-17b-hydroxy-androst-4-en-3-one; ``(lvi) 4-chloro-17a-methyl-17b-hydroxy-androst-4-ene-3,11- dione; ``(lvii) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-diol; ``(lviii) 2a,17a-dimethyl-17b-hydroxy-5a-androstan-3-one; ``(lix) 2a,17a-dimethyl-17b-hydroxy-5b-androstan-3-one; ``(lx) 2a,3a-epithio-17a-methyl-5a-androstan-17b-ol; ``(lxi) [3,2-c]-furazan-5a-androstan-17b-ol; ``(lxii) 3b-hydroxy-estra-4,9,11-trien-17-one; ``(lxiii) 17a-methyl-androst-2-ene-3,17b-diol; ``(lxiv) 17a-methyl-androsta-1,4-diene-3,17b-diol; ``(lxv) Estra-4,9,11-triene-3,17-dione; ``(lxvi) 18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one; ``(lxvii) 6a-Methyl-androst-4-ene-3,17-dione; ``(lxviii) 17a-Methyl-androstan-3-hydroxyimine-17b-ol; ``(lxix) 17a-Methyl-5a-androstan-17b-ol; ``(lxx) 17b-Hydroxy-androstano[2,3-d]isoxazole; ``(lxxi) 17b-Hydroxy-androstano[3,2-c]isoxazole; ``(lxxii) 4-Hydroxy-androst-4-ene-3,17-dione[3,2-c]pyrazole-5a- androstan-17b-ol; ``(lxxiii) [3,2-c]pyrazole-androst-4-en-17b-ol; ``(lxxiv) [3,2-c]pyrazole-5a-androstan-17b-ol; and''; and (2) by adding at the end the following: ``(C)(i) Subject to clause (ii), a drug or hormonal substance (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone) that is not listed in subparagraph (A) and is derived from, or has a chemical structure substantially similar to, 1 or more anabolic steroids listed in subparagraph (A) shall be considered to be an anabolic steroid for purposes of this Act if-- ``(I) the drug or substance has been created or manufactured with the intent of producing a drug or other substance that either-- ``(aa) promotes muscle growth; or ``(bb) otherwise causes a pharmacological effect similar to that of testosterone; or ``(II) the drug or substance has been, or is intended to be, marketed or otherwise promoted in any manner suggesting that consuming it will promote muscle growth or any other pharmacological effect similar to that of testosterone. ``(ii) A substance shall not be considered to be a drug or hormonal substance for purposes of this subparagraph if it-- ``(I) is-- ``(aa) an herb or other botanical; ``(bb) a concentrate, metabolite, or extract of, or a constituent isolated directly from, an herb or other botanical; or ``(cc) a combination of 2 or more substances described in item (aa) or (bb); ``(II) is a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); and ``(III) is not anabolic or androgenic. ``(iii) In accordance with section 515(a), any person claiming the benefit of an exemption or exception under clause (ii) shall bear the burden of going forward with the evidence with respect to such exemption or exception.''. (b) Classification Authority.--Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: ``(i) Temporary and Permanent Scheduling of Recently Emerged Anabolic Steroids.-- ``(1) The Attorney General may issue a temporary order adding a drug or other substance to the definition of anabolic steroids if the Attorney General finds that-- ``(A) the drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41) but is not listed in that section or by regulation of the Attorney General as being an anabolic steroid; and ``(B) adding such drug or other substance to the definition of anabolic steroids will assist in preventing abuse or misuse of the drug or other substance. ``(2) An order issued under paragraph (1) shall not take effect until 30 days after the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued. The order shall expire not later than 24 months after the date it becomes effective, except that the Attorney General may, during the pendency of proceedings under paragraph (6), extend the temporary scheduling order for up to 6 months. ``(3) The Attorney General shall transmit notice of an order proposed to be issued under paragraph (1) to the Secretary of Health and Human Services. In issuing an order under paragraph (1), the Attorney General shall take into consideration any comments submitted by the Secretary in response to a notice transmitted pursuant to this paragraph. ``(4) A temporary scheduling order issued under paragraph (1) shall be vacated upon the issuance of a permanent scheduling order under paragraph (6). ``(5) An order issued under paragraph (1) is not subject to judicial review. ``(6) The Attorney General may, by rule, issue a permanent order adding a drug or other substance to the definition of anabolic steroids if such drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41). Such rulemaking may be commenced simultaneously with the issuance of the temporary order issued under paragraph (1).''. SEC. 3. LABELING REQUIREMENTS. (a) In General.--Section 305 of the Controlled Substances Act (21 U.S.C. 825) is amended by adding at the end the following: ``(e) False Labeling of Anabolic Steroids.-- ``(1) It shall be unlawful to import, export, manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense, an anabolic steroid or product containing an anabolic steroid, unless the steroid or product bears a label clearly identifying an anabolic steroid or product containing an anabolic steroid by the nomenclature used by the International Union of Pure and Applied Chemistry (IUPAC). ``(2)(A) A product described in subparagraph (B) is exempt from the International Union of Pure and Applied Chemistry nomenclature requirement of this subsection if such product is labeled in the manner required under the Federal Food, Drug, and Cosmetic Act. ``(B) A product is described in this subparagraph if the product-- ``(i) is the subject of an approved application as described in section 505(b) or (j) of the Federal Food, Drug, and Cosmetic Act; or ``(ii) is exempt from the provisions of section 505 of such Act relating to new drugs because-- ``(I) it is intended solely for investigational use as described in section 505(i) of such Act; and ``(II) such product is being used exclusively for purposes of a clinical trial that is the subject of an effective investigational new drug application.''. (b) Clarification to Import and Export Statute.--Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended, in subsection (a)(1), by inserting ``305,'' before ``1002''. (c) Civil Penalties.--Section 402 of the Controlled Substances Act (21 U.S.C. 842) is amended-- (1) in subsection (a)-- (A) in paragraph (14), by striking ``or'' at the end; (B) in paragraph (15), by striking the period at the end and inserting ``; or''; and (C) by inserting, after paragraph (15), the following: ``(16) to violate subsection (e) of section 825 of this title.''; and (2) in subsection (c)(1)-- (A) by inserting, in subparagraph (A), after ``subparagraph (B)'' the following: ``, (C), or (D)''; and (B) by inserting after subparagraph (B) the following: ``(C) In the case of a violation of paragraph (16) of subsection (a) of this section by an importer, exporter, manufacturer, or distributor (other than as provided in subparagraph (D)), up to $500,000 per violation. For purposes of this subparagraph, a violation is defined as each instance of importation, exportation, manufacturing, distribution, or possession with intent to manufacture or distribute, in violation of paragraph (16) of subsection (a). ``(D) In the case of a distribution, dispensing, or possession with intent to distribute or dispense in violation of paragraph (16) of subsection (a) of this section at the retail level, up to $1000 per violation. For purposes of this paragraph, the term `at the retail level' refers to products sold, or held for sale, directly to the consumer for personal use. Each package, container or other separate unit containing an anabolic steroid that is distributed, dispensed, or possessed with intent to distribute or dispense at the retail level in violation of such paragraph (16) of subsection (a) shall be considered a separate violation.''. SEC. 4. IDENTIFICATION AND PUBLICATION OF LIST OF PRODUCTS CONTAINING ANABOLIC STEROIDS. (a) In General.--The Attorney General may, in the Attorney General's discretion, collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled in accordance with this Act and the amendments made by this Act. The Attorney General may publish in the Federal Register or on the website of the Drug Enforcement Administration a list of products which the Attorney General has determined, based on substantial evidence, contain an anabolic steroid and are not labeled in accordance with this Act and the amendments made by this Act. (b) Absence From List.--The absence of a product from the list referred to in subsection (a) shall not constitute evidence that the product does not contain an anabolic steroid. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the House on September 15, 2014. Designer Anabolic Steroid Control Act of 2014 - Amends the Controlled Substances Act to add specified substances to the list of those included within the definition of \"anabolic steroid.\" Provides that a drug or hormonal substance (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone) that is not listed and that is derived from, or has a chemical structure substantially similar to, an anabolic steroid that is listed, shall be considered to be an anabolic steroid for purposes of such Act if it: (1) has been created or manufactured with the intent of producing a substance that either promotes muscle growth or otherwise causes a pharmacological effect similar to that of testosterone; or (2) has been, or is intended to be, promoted in any manner suggesting that consuming it will promote any pharmacological effect similar to that of testosterone. Prohibits a substance from being considered to be a drug or hormonal substance for purposes of such Act if it is: (1) an herb or other botanical, a concentrate, metabolite, or extract of, or a constituent isolated directly from, an herb or other botanical, or a combination of two or more such substances; or (2) a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act and is not anabolic or androgenic. Requires any person claiming the benefit of such an exception to bear the burden of providing the appropriate evidence. Authorizes the Attorney General to issue an order adding a drug or other substance to the definition of \"anabolic steroid\" upon finding that: (1) the substance satisfies the criteria for being considered an anabolic steroid, and (2) such addition will assist in preventing abuse or misuse of the substance. Prohibits importing, exporting, manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense any anabolic steroid, or any product containing an anabolic steroid, unless it bears a label clearly identifying the anabolic steroid by the nomenclature used by the International Union of Pure and Applied Chemistry (IUPAC). Prescribes penalties. Sets forth an exemption from such IUPAC nomenclature requirement if such product is labeled in the manner required under the Federal Food, Drug, and Cosmetic Act, as described in this Act. Authorizes the Attorney General to: (1) collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled, and (2) publish a list of products containing an anabolic steroid that are not properly labeled."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Children from Video Game Sex and Violence Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) The video game industry has grown into a $10 billion market for game software publishing, wholesaling, and retailing. (2) The use and observation of video games that contain sexual or violent content can be harmful to minors and reasonable restrictions will significantly decrease the number of minors using these games. (3) On July 26, 2000, six of the Nation's most respected public health groups, including the American Medical Association, the American Academy of Pediatrics, the American Academy of Family Physicians, and the American Academy of Child and Adolescent Psychiatry, found that viewing entertainment violence can lead to increases in aggressive attitudes, behaviors, and values, particularly in children. (4) The ratings and content descriptors of video and computer games issued by the entertainment industry reflect the notion that certain video and computer games are suitable only for adults due to graphic depictions of sex or violence. (5) In December 2001, a study by the Federal Trade Commission showed that retailers allowed 78 percent of unaccompanied minors, ages 13 to 16, to purchase games rated as ``Mature'' by the Entertainment Software Rating Board. (6) The sale of video games and computer games substantially affects interstate commerce because they are sold in interstate commerce on a nationwide basis. (7) The Nation has a compelling interest in preventing minors from purchasing video and computer games that are only suitable for adults due to graphic depictions of sex or violence. (8) There is a need to enact narrowly tailored legislation to restrict the sale and use of video games that contain sexual or violent content that is intended for adults only, and that such legislation not restrict adults' access to these games. SEC. 3. PROHIBITION ON SALE OR RENTAL OF ADULT VIDEO GAMES TO MINORS. (a) In General.--Part 1 of title 18, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 124--PROHIBITION ON SALE OR RENTAL OF ADULT VIDEO GAMES TO MINORS ``Sec. 2731. Definitions ``As used in this chapter, the following definitions apply: ``(1) The term `graphic violence' means the visual depiction of serious injury to human beings, actual or virtual, including aggravated assault, decapitation, dismemberment, or death. ``(2) The term `content harmful to minors' means video game content that predominantly appeals to minors' morbid interest in violence or minors' prurient interest in sex, is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks serious literary, artistic, political, or scientific value for minors, and contains-- ``(A) graphic violence; ``(B) sexual violence; or ``(C) strong sexual content. ``(3) The term `minor' means a person age 17 and younger. ``(4) The term `nudity' means the visual depiction, actual or virtual, of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, of a female breast with less than a fully opaque covering of any part of the nipple or of any portion of the breast below the nipple, or the depiction of covered male genitals in a discernibly turgid state. ``(5) The term `sexual conduct' means acts, actual or virtual, of masturbation, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, a breast. ``(6) The term `strong sexual content' means the visual depiction, actual or virtual, of human nudity or explicit human sexual behavior, including acts of masturbation, deviate sexual conduct, sexual intercourse, or fondling of genitals. ``(7) The term `sexual violence' means the visual depiction, actual or virtual, of rape or other sexual assault. ``(8) The term `video game' means any copy of an electronic game that may be played using a portable electronic device or with a hand-held gaming device using a television or computer. ``Sec. 2732. Prohibition on sale or rental of adult video games to minors ``Whoever sells at retail or rents, or attempts to sell at retail or rent, to a minor any video game that depicts nudity, sexual conduct, or other content harmful to minors, shall be fined under this chapter. ``Sec. 2733. Penalties ``(a) First Violation.--Whoever knowingly violates section 2732 shall be fined not more than $1,000. ``(b) Second Violation.--Whoever knowingly violates section 2732, having previously been fined under subsection (a), shall be fined not less than $1,000 and not more than $5,000. ``(c) Subsequent Violations.--Whoever knowingly violates section 2732, having previously been fined under subsection (b), shall be fined not less than $5,000.''. (b) Clerical Amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by adding at the end the following new item: ``124. Prohibition on sale or rental of adult video games to 2731''. minors.", "summary": "Protect Children from Video Game Sex and Violence Act of 2003 - Amends the Federal criminal code to prohibit the sale or rental to a minor of a video game that depicts nudity, sexual conduct, or other content harmful to minors."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003''. SEC. 2. HOPE VI PROGRAM REAUTHORIZATION. (a) Selection Criteria.--Section 24(e)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is amended-- (1) by striking the matter preceding subparagraph (A) and inserting the following: ``(2) Selection criteria.--The Secretary shall establish criteria for the award of grants under this section and shall include among the factors--''; (2) in subparagraph (B), by striking ``large-scale''; (3) in subparagraph (D)-- (A) by inserting ``and ongoing implementation'' after ``development''; and (B) by inserting ``, except that the Secretary may not award a grant under this section unless the applicant has involved affected public housing residents at the beginning and during the planning process for the revitalization program, prior to submission of an application'' before the semicolon at the end; (4) in subparagraph (H), by striking ``and'' at the end; (5) by redesignating subparagraph (I) as subparagraph (M); and (6) by inserting after subparagraph (H) the following new subparagraphs: ``(I) the extent to which the applicant can commence and complete the revitalization plan expeditiously; ``(J) the extent to which the plan minimizes temporary or permanent displacement of current residents of the public housing site who wish to remain in or return to the revitalized community and provides for community and supportive services to residents prior to any relocation; ``(K) the extent to which the plan sustains or creates more project-based housing units available to persons eligible for public housing in markets where there is demand for the maintenance or creation of such units; ``(L) the extent to which the plan gives to existing residents priority for occupancy in dwelling units in the revitalized community; and''. (b) Definition of Severely Distressed Public Housing.--Section 24(j)(2)(A)(iii) of the United States Housing Act of 1937 (42 U.S.C. 1437v(j)(2)(A)(iii)) is amended-- (1) in subclause (I)-- (A) by inserting ``or very low-income elderly or non-elderly disabled persons'' before the first comma; and (B) by striking ``or'' at the end; (2) in subclause (II), by inserting ``or'' after the semicolon at the end; and (3) by inserting at the end the following new subclause: ``(III) is lacking in sufficient appropriate transportation, supportive services, economic opportunity, schools, civic and religious institutions, and public services, resulting in severe social distress in the project;''. (c) Authorization of Appropriations.--Paragraph (1) of section 24(m) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)(1)) is amended by inserting before the period at the end the following: ``and such sums as may be necessary for each of fiscal years 2004 and 2005''. (d) Extension of Program.--Section 24(n) of the United States Housing Act of 1937 (42 U.S.C. 1437v(n)) is amended by striking ``September 30, 2004'' and inserting ``September 30, 2005''. SEC. 3. HOPE VI GRANTS FOR ASSISTING AFFORDABLE HOUSING THROUGH MAIN STREET PROJECTS. (a) Purposes.--Section 24(a) of the United States Housing Act of 1937 (42 U.S.C. 1437v(a)) is amended by adding after and below paragraph (4) the following: ``It is also the purpose of this section to provide assistance to smaller communities for the purpose of facilitating the development of affordable housing for low-income families that is undertaken in connection with a main street revitalization or redevelopment project in such communities.''. (b) Grants for Assisting Affordable Housing Developed Through Main Street Projects in Smaller Communities.--Section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v) is amended-- (1) by redesignating subsection (n) as subsection (o); and (2) by inserting after subsection (m) the following new subsection: ``(n) Grants for Assisting Affordable Housing Developed Through Main Street Projects in Smaller Communities.-- ``(1) Authority and use of grant amounts.--The Secretary may make grants under this subsection to smaller communities. Such grant amounts shall be used by smaller communities only to provide assistance to carry out eligible affordable housing activities under paragraph (3) in connection with an eligible project under paragraph (2). ``(2) Eligible project.--For purposes of this subsection, the term `eligible project' means a project that-- ``(A) the Secretary determines, under the criteria established pursuant to paragraph (3), is a main street project; ``(B) is carried out within the jurisdiction of smaller community receiving the grant; and ``(C) involves the development of affordable housing that is located in the commercial area that is the subject of the project. ``(3) Main street projects.--The Secretary shall establish requirements for a project to be consider a main street project for purposes of this section, which shall require that the project-- ``(A) has as its purpose the revitalization or redevelopment of a historic or traditional commercial area; ``(B) involves investment, or other participation, by the government for, and private entities in, the community in which the project is carried out; and ``(C) complies with such historic preservation guidelines or principles as the Secretary shall identify to preserve significant historic or traditional architectural and design features in the structures or area involved in the project. ``(4) Eligible affordable housing activities.--For purposes of this subsection, the activities described in subsection (d)(1) shall be considered eligible affordable housing activities, except that-- ``(A) such activities shall be conducted with respect to affordable housing rather than with respect to severely distressed public housing projects; and ``(B) eligible affordable housing activities under this subsection shall not include the activities described in subparagraphs (B) through (F) or (J) through (L) of subsection (d)(1). ``(5) Maximum grant amount.--A grant under this subsection for a fiscal year for a single smaller community may not exceed $1,000,000. ``(6) Contribution requirement.--A smaller community applying for a grant under this subsection shall be considered an applicant for purposes of subsection (c) (relating to contributions by applicants), except that-- ``(A) such supplemental amounts shall be used only for carrying out eligible affordable housing activities; and ``(B) paragraphs (1)(B) and (3) shall not apply to grants under this subsection. ``(7) Applications and selection.-- ``(A) Application.--Pursuant to subsection (e)(1), the Secretary shall provide for smaller communities to apply for grants under this subsection, except that the Secretary may establish such separate or additional criteria for applications for such grants as may be appropriate to carry out this subsection. ``(B) Selection criteria.--The Secretary shall establish selection criteria for the award of grants under this subsection, which shall be based on the selection criteria established pursuant to subsection (e)(2), with such changes as may be appropriate to carry out the purposes of this subsection. ``(8) Cost limits.--The cost limits established pursuant to subsection (f) shall apply to eligible affordable housing activities assisted with grant amounts under this subsection. ``(9) Inapplicability of other provisions.--The provisions of subsections (g) (relating to disposition and replacement of severely distressed public housing), (h) (relating to administration of grants by other entities), and (i) (relating to withdrawal of funding) shall not apply to grants under this subsection. ``(10) Reporting.--The Secretary shall require each smaller community receiving a grant under this subsection to submit a report regarding the use of all amounts provided under the grant. ``(11) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Affordable housing.--The term `affordable housing' means rental or homeownership dwelling units that-- ``(i) are made available for initial occupancy subject to the same rules regarding level of income and income mix as dwelling units in public housing projects assisted with a grant under this section; and ``(ii) are subject to the same rules regarding occupant contribution toward rent or purchase and terms of rental or purchase as dwelling units in public housing projects assisted with a grant under this section. ``(B) Smaller community.--The term `smaller community' means a unit of general local government (as such term is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) that-- ``(i) has a population of 30,000 or fewer; and ``(ii)(I) is not served by a public housing agency; or ``(II) is served by a single public housing agency, which agency administers 100 or fewer public housing dwelling units.''. (c) Annual Report.--Section 24(l) of the United States Housing Act of 1937 (42 U.S.C. 1437v(l)) is amended-- (1) in paragraph (3), by striking ``; and'' and inserting ``, including a specification of the amount and type of assistance provided under subsection (n);''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: ``(4) the types of projects funded, and number of affordable housing dwelling units developed with, grants under subsection (n); and''. (d) Funding.--Section 24(m) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)) is amended by adding at the end the following new paragraph: ``(3) Set-aside for main street housing grants.--Of the amount appropriated pursuant to paragraph (1) for any fiscal year, the Secretary shall provide up to 5 percent for use only for grants under subsection (n).''.", "summary": "HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003 - (Sec. 2) Amends the United States Housing Act of 1937 to revise criteria for HOPE VI (urban revitalization demonstration program) grants, including addition of criteria regarding tenant displacement, existing tenant occupancy priority, and timeliness of project completion.Revises the definition of \"severely distressed public housing\" to include: (1) buildings or projects that include very low-income elderly or nonelderly disabled persons; and (2) areas lacking sufficient affordable housing, transportation, supportive services, economic opportunity, schools, civic and religious institutions, and public services.Authorizes FY 2004 and 2005 appropriations. Extends program authority through September 30, 2005.(Sec. 3) Includes within the program's purposes assisting smaller communities to provide affordable low-income housing in connection with main street revitalization or redevelopment projects.Authorizes main street grants (maximum $1 million per year) to smaller communities for affordable low-income housing in a commercial area in connection with an eligible project.Requires that a project be focused on: (1) joint public-private revitalization or redevelopment of a historic or traditional commercial area; and (2) affordable housing rather than severely distressed public housing.Defines \"smaller community\" as a local government unit that: (1) has a population of under 30,000, and is without a public housing agency; or (2) has a public housing agency that administers 100 or fewer public housing dwelling units.Defines \"affordable housing\" as rental or homeownership units that are made available for initial occupancy subject to the same income and occupant contribution rules as dwelling units in public housing projects assisted with HOPE VI grants.Obligates up to five percent of HOPE VI appropriations for smaller community grants."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Theodore Roosevelt Commemorative Coin Act''. (b) Findings.--The Congress makes the following findings: (1) Theodore Roosevelt, the 26th President of the United States, inspired and led the people of the United States toward the goal of natural resource conservation. (2) The protection and conservation of the Nation's natural heritage requires the acquisition by the United States of habitat and rights to the use of habitat. (3) Allowing those persons who benefit from and support conservation efforts to participate in the funding of those efforts is desirable and achievable through the sale of collectors' commemorative coins. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary) shall mint and issue the following coins: (1) $5 gold coins.--5 dollar coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--1 dollar coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Half dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Amounts of coins.-- (1) Gold coins.--The Secretary shall issue coins under subsection (a)(1) with the dates and in the amounts as follows: Year Amount 1997........................... Not more than 500,000. 1998........................... Not more than 500,000. (2) Silver coins.--The Secretary shall issue coins under subsection (a)(2) with the dates and in the amounts as follows: Year Amount 1997........................... Not more than 1,000,000. 1998........................... Not more than 1,000,000. (3) Clad coins.--The Secretary shall issue coins under subsection (a)(3) with the dates and in the amounts as follows: Year Amount 1997........................... Not more than 1,000,000. 1998........................... Not more than 1,250,000. (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. (b) Silver.--The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) Obverse.--The obverse side of the coins minted under this Act shall bear the likeness of Theodore Roosevelt. (2) Reverse.--The reverse side of the coin shall be emblematic of the Nation's natural resources. (3) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the date of the coin as specified in section 2(b); and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 1997. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1998. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $7 per coin for the $1 coin; and (3) $2 per coin for the half dollar coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) Administration of Endangered Species Act of 1973.--All surcharges received by the Secretary from the sale of coins issued under this Act shall, to the extent and in amounts provided in advance in appropriation Acts, be promptly made available by the Secretary to the Secretary of the Interior for use by such Secretary in connection with the administration of the Endangered Species Act of 1973. (b) Excess Amounts.--If, after the sale of all coins minted under this Act, the amount of surcharges received by the Secretary from the sale of coins issued under this Act exceeds the amount of such surcharges which have been appropriated to the Secretary of the Interior in accordance with subsection (a), such excess amount shall be deposited in the general fund of the Treasury. SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.", "summary": "Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins, one-dollar silver coins, and half-dollar coins whose obverse side shall bear the likeness of Theodore Roosevelt, and whose reverse side shall be emblematic of the Nation's natural resources. Mandates that surcharges received from coin sales be made available to the Secretary of the Interior in connection with the administration of the Endangered Species Act of 1973."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Refined Petroleum Sanctions Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The illicit nuclear activities of the Government of Iran represent a serious threat to the security of the United States and our allies in Europe, the Middle East, and around the world. (2) The United States and the international community have a vital interest in working together to prevent the Government of Iran from acquiring a nuclear weapons capability. (3) The international community, acting through the International Atomic Energy Agency and the United Nations, has already adopted a range of sanctions designed to encourage the Government of Iran to cease its unlawful nuclear activities and comply with its obligations under the Treaty on Non- Proliferation of Nuclear Weapons (commonly known as the ``Nuclear Non-Proliferation Treaty''). (4) As a presidential candidate, then-Senator Obama stated that additional sanctions, especially those targeting Iran's dependence on imported refined petroleum, may help to persuade the Government of Iran to abandon its illicit nuclear activities. (5) On October 7, 2008, then-Senator Obama stated, ``Iran right now imports gasoline, even though it's an oil producer, because its oil infrastructure has broken down. If we can prevent them from importing the gasoline that they need and the refined petroleum products, that starts changing their cost- benefit analysis. That starts putting the squeeze on them.''. (6) On June 4, 2008, then-Senator Obama stated, ``We should work with Europe, Japan, and the Gulf states to find every avenue outside the UN to isolate the Iranian regime--from cutting off loan guarantees and expanding financial sanctions, to banning the export of refined petroleum to Iran.''. (7) Our allies in the international community have expressed support for additional sanctions should the Government of Iran fail to verifiably suspend its illicit nuclear activities. (8) On March 17, 2009, British Prime Minister Gordon Brown stated, ``[L]et me be equally clear that Iran's current nuclear program is unacceptable. Iran has concealed nuclear activities, refused to cooperate with the IAEA, and flouted UN Security Council Resolutions. Its refusal to play by the rules leads us to view its nuclear program as a critical proliferation threat. Iran therefore faces a clear choice--continue in this way and face further and tougher sanctions, or change to a UN overseen civil nuclear energy program that will bring the greatest benefits to its citizens.''. (9) On February 7, 2009, British Foreign Secretary David Miliband stated, ``We welcome US willingness to talk to Iran. But if Iran doesn't respond we will need to be ready to impose much tougher sanctions, even if that imposes costs on us here in Europe. In this instance, nuclear security must come above commercial interests.''. (10) On February 7, 2009, German Chancellor Angela Merkel stated, ``Let me be quite clear. We have offered to enter into negotiations with Iran and we want a diplomatic solution. These offers are on the table. . . . We're prepared to travel along this road together, but we are also prepared to consider tougher sanctions should there be no progress. It's imperative that we prevent Iran from acquiring nuclear weapons.''. (11) On June 23, 2008, French President Nicolas Sarkozy stated, ``So that things are clear and there is no ambiguity, I want to say that Iran's military nuclear program demands an extremely firm response by the entire international community. . . . France is determined to pursue with her partners a policy of increasingly tough sanctions until there is a shift in position.''. (12) The serious and urgent nature of the threat from Iran demands that the United States work together with our allies to do everything possible--diplomatically, politically, and economically--to prevent Iran from acquiring a nuclear weapons capability. (b) Sense of Congress.--It is the sense of the Congress that-- (1) the United States should continue to support diplomatic efforts in the International Atomic Energy Agency and the United Nations Security Council to end Iran's illicit nuclear activities; (2) diplomatic efforts with Iran are more likely to be effective if the President is empowered with the explicit authority to impose additional sanctions on the Government of Iran; (3) it should be the policy of the United States to encourage foreign governments to direct state-owned entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran; (4) it should be the policy of the United States to encourage foreign governments to require private entities based in their territories to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran; (5) the President is urged to impose sanctions on the Central Bank of Iran and any other Iranian bank or financial institution engaged in proliferation activities or support of terrorist groups; (6) the Department of the Treasury should continue to work with our allies to take appropriate measures to protect the international financial system from deceptive and illicit practices by Iranian banks and financial institutions involved in proliferation activities or support of terrorist groups; (7) the concerns of the United States regarding Iran are strictly the result of the actions of the Government of Iran; and (8) the people of the United States-- (A) have feelings of friendship for the people of Iran; (B) regret that developments in recent decades have created impediments to that friendship; and (C) hold the people of Iran, their culture, and their ancient and rich history in the highest esteem. SEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 1996. (a) Expansion of Sanctions.--Section 5(a) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows: ``(a) Sanctions With Respect to the Development of Petroleum Resources of Iran and Exportation of Refined Petroleum to Iran.-- ``(1) Development of petroleum resources of iran.-- ``(A) Investment.--Except as provided in subsection (f), the President shall impose 2 or more of the sanctions described in paragraphs (1) through (6) of section 6(a) if the President determines that a person has, with actual knowledge, on or after the date of this Act, made an investment of $20,000,000 or more (or any combination of investments of at least $5,000,000 each, which in the aggregate equals or exceeds $20,000,000 in any 12-month period), that directly and significantly contributed to the enhancement of Iran's ability to develop petroleum resources of Iran. ``(B) Production of refined petroleum resources.-- Except as provided in subsection (f), the President shall impose the sanctions described in section 6(b) (in addition to any sanctions imposed under subparagraph (A)) if the President determines that a person has, with actual knowledge, on or after the date of the enactment of the Iran Refined Petroleum Sanctions Act, sold, leased, or provided to Iran any goods, services, technology, information, or support that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair. ``(2) Exportation of refined petroleum resources to iran.-- Except as provided in subsection (f), the President shall impose the sanctions described in section 6(b) if the President determines that a person has, with actual knowledge, on or after the date of the enactment of the Iran Refined Petroleum Sanctions Act, provided Iran with refined petroleum resources or engaged in any activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources, including-- ``(A) providing ships or shipping services to deliver refined petroleum resources to Iran; ``(B) underwriting or otherwise providing insurance or reinsurance for such activity; or ``(C) financing or brokering such activity.''. (b) Description of Sanctions.--Section 6 of such Act is amended-- (1) by striking ``The sanctions to be imposed on a sanctioned person under section 5 are as follows:'' and inserting the following: ``(a) In General.--The sanctions to be imposed on a sanctioned person under subsections (a)(1)(A) and (b) of section 5 are as follows:''; and (2) by adding at the end the following: ``(b) Additional Sanctions.--The sanctions to be imposed on a sanctioned person under paragraphs (1)(B) and (2) of section 5(a) are as follows: ``(1) Foreign exchange.--The President shall, under such regulations as the President may prescribe, prohibit any transactions in foreign exchange by the sanctioned person. ``(2) Banking transactions.--The President shall, under such regulations as the President may prescribe, prohibit any transfers of credit or payments between, by, through, or to any financial institution, to the extent that such transfers or payments involve any interest of the sanctioned person. ``(3) Property transactions.--The President shall, under such regulations as the President may prescribe, prohibit any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation, or exportation of, dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which the sanctioned person has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States.''. (c) Presidential Waiver.--Section 9(c)(2) of such Act is amended by amending subparagraph (C) to read as follows: ``(C) an estimate of the significance of the provision of the items described in paragraph (1) or (2) of section 5(a) or section 5(b) to Iran's ability to develop its petroleum resources, enhance its ability to import refined petroleum resources, or develop its weapons of mass destruction or other military capabilities (as the case may be); and''. (d) Reports on United States Efforts To Curtail Certain Business Transactions Relating to Iran.--Section 10 of such Act is amended by adding at the end the following: ``(d) Reports on Certain Business Transactions Relating to Iran.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Iran Refined Petroleum Sanctions Act, and every 6 months thereafter, the President shall submit a report to the appropriate congressional committees regarding any person who has-- ``(A) provided Iran with refined petroleum resources; ``(B) engaged in any activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources; or ``(C) sold, leased, or provided to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum resources. ``(2) Description.--For each activity set forth in subparagraphs (A) through (C) of paragraph (1), the President shall provide a complete and detailed description of such activity, including-- ``(A) the date or dates of such activity; ``(B) the name of any persons who participated or invested in or facilitated such activity; ``(C) the United States domiciliary of the persons referred to in subparagraph (B); ``(D) any Federal Government contracts to which the persons referred to in subparagraph (B) are parties; and ``(E) the steps taken by the United States to respond to such activity. ``(3) Form of reports; publication.--The reports required under this subsection shall be-- ``(A) submitted in unclassified form, but may contain a classified annex; and ``(B) published in the Federal Register.''. (e) Clarification and Expansion of Definitions.--Section 14 of such Act is amended-- (1) in paragraph (13)(B)-- (A) by inserting ``financial institution, insurer, underwriter, guarantor, any other business organization, including any foreign subsidiary, parent, or affiliate of such a business organization,'' after ``trust,''; and (B) by inserting ``, such as an export credit agency'' before the semicolon at the end; and (2) in paragraph (14), by striking ``petroleum and natural gas resources'' and inserting ``petroleum, petroleum by- products, oil or liquefied natural gas, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or liquefied natural gas''. (f) Conforming Amendment.--Section 4 of such Act is amended-- (1) in subsection (b)(2), by striking ``(in addition to that provided in subsection (d))''; and (2) by striking subsection (d).", "summary": "Iran Refined Petroleum Sanctions Act - Expresses the sense of Congress that: (1) the United States should continue to support diplomatic efforts in the International Atomic Energy Agency (IAEA) and the U.N. Security Council to end Iran's illicit nuclear activities; (2) diplomatic efforts with Iran are more likely to be effective if the President is empowered with the explicit authority to impose additional sanctions on the government of Iran; (3) it should be U.S. policy to encourage foreign governments to direct state-owned and private entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran; (4) the President is urged to impose sanctions on the Central Bank of Iran and any other Iranian financial institution engaged in proliferation activities or support of terrorist groups; (5) the Department of the Treasury should continue to work with allies to protect the international financial system from deceptive and illicit practices by Iranian financial institutions involved in proliferation activities or support of terrorist groups; (6) U.S. concerns regarding Iran are strictly the result of that government\u0092s actions; and (7) the people of the United States have feelings of friendship for the people of Iran and regret that developments in recent decades have created impediments to that friendship. Amends the Iran Sanctions Act of 1996 to direct the President to impose two or more current sanctions under such Act if a person has, with actual knowledge, made an investment of $20 million or more (or any combination of investments of at least $5 million which in the aggregate equals or exceeds $20 million in any 12-month period) that directly and significantly contributed to Iran's ability to develop its petroleum resources. (Under current law the sanction thresholds are $40 million, $10 million, and $40 million, respectively.) Directs the President to impose: (1) sanctions established under this Act (in addition to any current sanctions imposed under the Iran Sanctions Act of 1996) if a person has, with actual knowledge, sold, leased, or provided to Iran any goods, services, technology, information, or support that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair; and (2) sanctions established under this Act if a person has, with actual knowledge, provided Iran with refined petroleum resources or engaged in any activity that could contribute to Iran's ability to import refined petroleum resources, including providing shipping, insurance, or financing services for such activity. Establishes additional sanctions prohibiting specified foreign exchange, banking, and property transactions. Includes references to refined petroleum resources in a presidential report to Congress requesting waiver of sanctions for purposes of national interest. Directs the President to report to the appropriate congressional committees every six months regarding any person who has: (1) provided Iran with refined petroleum resources; (2) sold, leased, or provided to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum resources; or (3) engaged in any activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Speech Protection Act of 2008''. SEC. 2. FINDINGS. The Congress finds the following: (1) The freedom of speech and the press is enshrined in the First Amendment to the United States Constitution. (2) Free speech, the free exchange of information, and the free expression of ideas and opinions are essential to the functioning of representative democracy in the United States. (3) The free expression and publication by journalists, academics, commentators, experts, and others of the information they uncover and develop through research and study is essential to the formation of sound public policy and thus to the security of Americans. (4) The First Amendment jurisprudence of the Supreme Court, articulated in such precedents as New York Times v. Sullivan, 376 U.S. 254 (1964), and its progeny, reflects the fundamental value that Americans place on promoting the free exchange of ideas and information, requiring in cases involving public figures a demonstration of actual malice--that is, that allegedly defamatory, libelous, or slanderous statements about public figures are not merely false but made with knowledge of that falsity or with reckless disregard of their truth or falsity. (5) Some persons are obstructing the free expression rights of Americans, and the vital interest of the American people in receiving information on matters of public importance, by first seeking out foreign jurisdictions that do not provide the full extent of free-speech protection that is fundamental in the United States and then suing Americans in such jurisdictions in defamation actions based on speech uttered or published in the United States--speech that is fully protected under First Amendment jurisprudence in the United States and the laws of the several States and the District of Columbia. (6) Some of these actions are intended not only to suppress the free speech rights of journalists, academics, commentators, experts, and other individuals but to intimidate publishers and other organizations that might otherwise disseminate or support the work of those individuals with the threat of prohibitive foreign lawsuits, litigation expenses, and judgments that provide for money damages and other speech-suppressing relief. (7) The governments and courts of some foreign countries have failed to curtail this practice, permitting lawsuits filed by persons who are often not citizens of those countries, under circumstances where there is often little or no basis for jurisdiction over the Americans against whom such suits are brought. (8) Some of the plaintiffs bringing such suits are intentionally and strategically refraining from filing their suits in the United States, even though the speech at issue was published in the United States, in order to avoid the Supreme Court's First Amendment jurisprudence and frustrate the protections it affords Americans. (9) The Americans against whom such suits are brought must consequently endure the prohibitive expense, inconvenience, and anxiety attendant to being sued in foreign courts for conduct that is protected by the First Amendment, or decline to answer such suits and risk the entry of costly default judgments that may be executed in countries other than the United States where those individuals travel or own property. (10) Journalists, academics, commentators, experts, and others subjected to such suits are suffering concrete and profound financial and professional damage for engaging in conduct that is protected under the United States Constitution and essential to informing the American people, their representatives, and other policy-makers. (11) In turn, the American people are suffering concrete and profound harm because they, their representatives, and other government policymakers rely on the free expression of information, ideas, and opinions developed by responsible journalists, academics, commentators, experts, and others for the formulation of sound public policy, including national security policy. (12) The United States respects the sovereign right of other countries to enact their own laws regarding speech, and seeks only to protect the First Amendment rights of Americans in connection with speech that occurs, in whole or in part, in the United States. SEC. 3. FEDERAL CAUSE OF ACTION. (a) Cause of Action.--Any United States person against whom a lawsuit is brought in a foreign country for defamation on the basis of the content of any writing, utterance, or other speech by that person that has been published, uttered, or otherwise disseminated in the United States may bring an action in a United States district court specified in subsection (f) against any person who, or entity which, brought the foreign suit if the writing, utterance, or other speech at issue in the foreign lawsuit does not constitute defamation under United States law. (b) Jurisdiction.--It shall be sufficient to establish jurisdiction over the person or entity bringing a foreign lawsuit described in subsection (a) that such person or entity has filed the lawsuit against a United States person, or that such United States person has assets in the United States against which the claimant in the foreign action could execute if a judgment in the foreign lawsuit were awarded. (c) Remedies.-- (1) Order to bar enforcement and other injunctive relief.-- If the cause of action set forth in subsection (a) is established, the district court shall order that any foreign judgment in the foreign lawsuit in question may not be enforced in the United States, including by any Federal, State, or local court, and may order such other injunctive relief that the court considers appropriate to protect the right to free speech under the First Amendment to the United States Constitution. (2) Damages.--In addition to the remedy under paragraph (1), damages may be awarded to the United States person bringing the action under subsection (a), based on the following: (A) The amount of the foreign judgment. (B) The costs, including all legal fees, attributable to the foreign lawsuit that have been borne by the United States person. (C) The harm caused to the United States person due to decreased opportunities to publish, conduct research, or generate funding. (d) Treble Damages.--If, in an action brought under subsection (a), the factfinder determines by a preponderance of the evidence that the person or entity bringing the foreign lawsuit at issue intentionally engaged in a scheme to suppress First Amendment rights by discouraging publishers or other media not to publish, or discouraging employers, contractors, donors, sponsors, or similar financial supporters not to employ, retain, or support, the research, writing, or other speech of a journalist, academic, commentator, expert, or other individual, the factfinder may award treble damages. (e) Expedited Discovery.--Upon the filing of an action under subsection (a), the court may order expedited discovery if the court determines, based on the allegations in the complaint, that the speech at issue in the foreign defamation action is protected by the First Amendment to the United States Constitution. (f) Venue.--An action under subsection (a) may be brought by a United States person only in a United States district court in which the United States person is domiciled, does business, or owns real property that could be executed against in satisfaction of a judgment in the foreign defamation lawsuit giving rise to the action. (g) Timing of Action; Statute of Limitations.-- (1) Timing.--An action under subsection (a) may be commenced after the filing of the defamation lawsuit in a foreign country on which the action is based. (2) Statute of limitations.--For purposes of section 1658(a) of title 28, United States Code, the cause of action under subsection (a) accrues on the date on which the defamation lawsuit in a foreign country on which the cause of action is based is filed. SEC. 4. APPLICABILITY. This Act applies with respect to any foreign lawsuit that is described in section 3(a) and is brought in the foreign country concerned before, on, or after the date of the enactment of this Act. SEC. 5. CONSTRUCTION. Nothing in this Act limits the right of foreign litigants who bring good faith defamation actions to prevail against journalists, academics, commentators, and others who have failed to adhere to standards of professionalism by publishing false information maliciously or recklessly. SEC. 6. DEFINITIONS. In this Act: (1) Defamation.--The term ``defamation'' means any action for defamation, libel, slander, or similar claim alleging that forms of speech are false or have caused damage to reputation. (2) Foreign country.--The term ``foreign country'' means any country other than the United States. (3) Foreign judgment.--The term ``foreign judgment'' means any judgment of a foreign country, including the court system of a foreign country, that grants or denies any form of relief, including injunctive relief and monetary damages, in a defamation action. (4) United states.--The term ``United States'' means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (5) United states person.--The term ``United States person'' includes a United States citizen, an alien lawfully admitted for permanent residence to the United States, and a business entity lawfully doing business in the United States.", "summary": "Free Speech Protection Act of 2008 - Allows any U.S. person against whom a lawsuit for defamation is brought in a foreign country on the basis of the content of any speech by that person that has been published, uttered, or otherwise disseminated in the United States to bring an action in a U.S. district court against any person who, or entity which, brought the suit, if the speech at issue in the foreign lawsuit does not constitute defamation under U.S. law. Allows the award of treble damages if it is determined by a preponderance of the evidence that the person or entity bringing the foreign lawsuit intentionally engaged in a scheme to suppress rights under the First Amendment to the Constitution by discouraging publishers or other media from publishing, or by discouraging financial supporters from employing, retaining, or supporting the research, writing, or other speech of an individual."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``NATO Expansion Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) On January 10, 1994, the leaders of the NATO member nations meeting in Brussels, Belgium, issued an invitation to European countries that do not belong to NATO to participate in a program of expanded cooperation with NATO called the Partnership for Peace. (2) In that invitation, the leaders of the NATO member nations stated: ``We reaffirm that the Alliance, as provided in Article 10 of the Washington Treaty, remains open to the membership of other European states in a position to further the principles of the Treaty and to contribute to the security of the North Atlantic area. We expect and would welcome NATO expansion that would reach to democratic states to our East, as part of an evolutionary process, taking into account political and security developments in the whole of Europe.''. (3) The political and economic transformation of the formerly communist-ruled countries of Europe has been under way since 1989. In establishing a new Strategic Concept for NATO in November 1991, the leaders of the NATO member nations observed: ``All the countries that were formerly adversaries of NATO have dismantled the Warsaw Pact and rejected ideological hostility to the West. They have in varying degrees, embraced and begun to implement policies aimed at achieving pluralistic democracy, the rule of law, respect for human rights and a market economy.''. (4) In particular, Poland, Hungary, the Czech Republic, and Slovakia have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law since the fall of their previous communist governments. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the leaders of the NATO member nations are to be commended for reaffirming that NATO membership remains open to European countries emerging from communist domination and for welcoming eventual expansion of NATO to include such countries; (2) Poland, Hungary, the Czech Republic, and Slovakia should be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area not later than January 10, 1999, 5 years from the date of the establishment of the Partnership for Peace, and, in accordance with Article 10 of such Treaty, should be invited to become full NATO members not later than that date, provided these countries-- (A) maintain their progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (B) remain committed to protecting the rights of all their citizens and respecting the territorial integrity of their neighbors; (3) the United States, other NATO member nations, and NATO itself should furnish appropriate assistance to facilitate the transition of Poland, Hungary, the Czech Republic, and Slovakia to full NATO membership not later than January 10, 1999; and (4) other European countries emerging from communist domination may be in a position at a future date to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area, and at the appropriate time they should receive assistance to facilitate their transition to full NATO membership and should be invited to become full NATO members. SEC. 4. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO MEMBERSHIP. (a) In General.--The President may establish a program to assist the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to subsection (e). (b) Conduct of Program.--The program established under subsection (a) shall facilitate the transition to full NATO membership of the countries described in such subsection by supporting and encouraging, inter alia-- (1) joint planning, training, and military exercises with NATO forces; (2) greater interoperability of military equipment, air defense systems, and command, control, and communications systems; and (3) conformity of military doctrine. (c) Type of Assistance.--In carrying out the program established under subsection (a), the President may provide to the countries described in such subsection the following types of security assistance: (1) The transfer of excess defense articles under section 516 of Foreign Assistance Act of 1961, without regard to the restrictions in paragraphs (1) through (3) of subsection (a) of such section (relating to the eligibility of countries for such articles under such section). (2) The transfer of nonlethal excess defense articles under section 519 of the Foreign Assistance Act of 1961, without regard to the restriction in subsection (a) of such section (relating to the justification of the foreign military financing program for the fiscal year in which a transfer is authorized). (3) Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the Economic Support Fund). (4) Assistance under chapter 5 of part II of that Act (relating to international military education and training). (5) Assistance under section 23 of the Arms Export Control Act (relating to the ``Foreign Military Financing Program''). (d) Additional assistance.--In addition to the security assistance provided under subsection (c), the President may, in carrying out the program established under subsection (a), provide assistance from funds appropriated after the date of the enactment of this Act under the following accounts: (1) The ``Nonproliferation and Disarmament Fund'' account. (2) The ``Countries in Transition'' account. (e) Designation of Other European Countries Emerging From Communist Domination.--The President may designate other European countries emerging from communist domination to receive assistance under the program established under subsection (a) if the President determines and reports to the appropriate congressional committees that such countries-- (1) have made significant progress toward establishing democratic institutions, a free market economy, civilian control of their armed forces, and the rule of law; and (2) are likely, within 5 years of such determination, to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area. SEC. 5. AUTHORIZATION OF STATUS OF FORCES AGREEMENTS. The President is authorized to confer, pursuant to agreement with any country eligible to participate in the Partnership for Peace, rights in respect of the military and related civilian personnel (including dependents of any such personnel) and activities of that country in the United States comparable to the rights conferred by that country in respect of the military and related civilian personnel (including dependents of any such personnel) and activities of the United States in that country. SEC. 6. REPORTING REQUIREMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, and at least once every year thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this Act. (b) Contents.--Each such report shall include-- (1) an assessment of the progress made by Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to section 4(e) toward meeting the standards for NATO membership set forth in Article 10 of the North Atlantic Treaty, including-- (A) an assessment of the progress of such countries toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (B) the commitment of such countries in protecting the rights of all their citizens and respecting the territorial integrity of their neighbors; (2) a description of all assistance provided under the program established under section 4, or otherwise provided by the United States Government to facilitate the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to section 4(e); (3) a description of all assistance provided by other NATO member nations or NATO itself to facilitate the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to section 4(e); and (4) a description of any agreement entered into pursuant to section 5. SEC. 7. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate. (2) NATO.--The term ``NATO'' means the North Atlantic Treaty Organization. (3) Other european countries emerging from communist domination.--The term ``other European countries emerging from communist domination'' means-- (A) any member of the Conference on Security and Cooperation in Europe located-- (i) in the territory of the former Union of Soviet Socialist Republics; or (ii) in the territory of the former Socialist Federal Republic of Yugoslavia; or (B) Estonia, Latvia, Lithuania, Romania, Bulgaria, or Albania.", "summary": "NATO Expansion Act of 1994 - Expresses the sense of the Congress with respect to NATO membership of Poland, Hungary, the Czech Republic, and Slovakia. Authorizes the President to establish a program to assist the transition to full NATO membership for Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated pursuant to this Act. Permits the President to provide specified security assistance to such countries, including excess defense articles, economic support fund assistance, international military education and training, and foreign military financing. Authorizes the President to provide additional assistance from the Nonproliferation and Disarmament Fund and Countries in Transition accounts. Permits the President to designate other European countries emerging from communist domination to receive assistance under this Act if he reports to the appropriate congressional committees that such countries: (1) have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (2) are likely to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area. Authorizes the President to confer, pursuant to agreement with any country eligible to participate in the Partnership for Peace, rights with respect to the military and related civilian personnel and activities of that country in the United States comparable to those conferred by that country with respect to the United States."}
{"article": "SECTION 1. SHORT TITLE AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Reduce Unnecessary Spending Act of 2010''. (b) Purpose.--The purpose of this Act is to create an optional fast-track procedure the President may use when submitting rescission requests, which would lead to an up-or-down vote by Congress on the President's package of rescissions, without amendment. SEC. 2. RESCISSIONS OF FUNDING. The Impoundment Control Act of 1974 is amended by striking part C and inserting the following: ``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS ``SEC. 1021. APPLICABILITY AND DISCLAIMER. ``The rules, procedures, requirements, and definitions in this part apply only to executive and legislative actions explicitly taken under this part. They do not apply to actions taken under part B or to other executive and legislative actions not taken under this part. ``SEC. 1022. DEFINITIONS. ``In this part: ``(1) The terms `appropriations Act', `budget authority', and `new budget authority' have the same meanings as in section 3 of the Congressional Budget Act of 1974. ``(2) The terms `account', `current year', `CBO', and `OMB' have the same meanings as in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 as in effect on September 30, 2002. ``(3) The term `days of session' shall be calculated by excluding weekends and national holidays. Any day during which a chamber of Congress is not in session shall not be counted as a day of session of that chamber. Any day during which neither chamber is in session shall not be counted as a day of session of Congress. ``(4) The term `entitlement law' means the statutory mandate or requirement of the United States to incur a financial obligation unless that obligation is explicitly conditioned on the appropriation in subsequent legislation of sufficient funds for that purpose, and the Supplemental Nutrition Assistance Program. ``(5) The term `funding' refers to new budget authority and obligation limits except to the extent that the funding is provided for entitlement law. ``(6) The term `rescind' means to eliminate or reduce the amount of enacted funding. ``(7) The terms `withhold' and `withholding' apply to any executive action or inaction that precludes the obligation of funding at a time when it would otherwise have been available to an agency for obligation. The terms do not include administrative or preparatory actions undertaken prior to obligation in the normal course of implementing budget laws. ``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS. ``(a) Timing.--If the President proposes that Congress rescind funding under the procedures in this part, OMB shall transmit a message to Congress containing the information specified in section 1024, and the message transmitting the proposal shall be sent to Congress not later than 45 calendar days after the date of enactment of the funding. ``(b) Packaging and Transmittal of Requested Rescissions.--Except as provided in subsection (c), for each piece of legislation that provides funding, the President shall request at most 1 package of rescissions and the rescissions in that package shall apply only to funding contained in that legislation. OMB shall deliver each message requesting a package of rescissions to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. OMB shall make a copy of the transmittal message publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. ``(c) Special Packaging Rules.--After enactment of-- ``(1) a joint resolution making continuing appropriations; ``(2) a supplemental appropriations bill; or ``(3) an omnibus appropriations bill; covering some or all of the activities customarily funded in more than 1 regular appropriations bill, the President may propose as many as 2 packages rescinding funding contained in that legislation, each within the 45-day period specified in subsection (a). OMB shall not include the same rescission in both packages, and, if the President requests the rescission of more than one discrete amount of funding under the jurisdiction of a single subcommittee, OMB shall include each of those discrete amounts in the same package. ``SEC. 1024. REQUESTS TO RESCIND FUNDING. ``For each request to rescind funding under this part, the transmittal message shall-- ``(1) specify-- ``(A) the dollar amount to be rescinded; ``(B) the agency, bureau, and account from which the rescission shall occur; ``(C) the program, project, or activity within the account (if applicable) from which the rescission shall occur; ``(D) the amount of funding, if any, that would remain for the account, program, project, or activity if the rescission request is enacted; and ``(E) the reasons the President requests the rescission; ``(2) designate each separate rescission request by number; and ``(3) include proposed legislative language to accomplish the requested rescissions which may not include-- ``(A) any changes in existing law, other than the rescission of funding; or ``(B) any supplemental appropriations, transfers, or reprogrammings. ``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY. ``(a) Presidential Authority To Withhold Funding.--Notwithstanding any other provision of law and if the President proposes a rescission of funding under this part, OMB may, subject to the time limits provided in subsection (c), temporarily withhold that funding from obligation. ``(b) Expedited Procedures Available Only Once Per Bill.--The President may not invoke the procedures of this part, or the authority to withhold funding granted by subsection (a), on more than 1 occasion for any Act providing funding. ``(c) Time Limits.--OMB shall make available for obligation any funding withheld under subsection (a) on the earliest of-- ``(1) the day on which the President determines that the continued withholding or reduction no longer advances the purpose of legislative consideration of the rescission request; ``(2) starting from the day on which OMB transmitted a message to Congress requesting the rescission of funding, 25 calendar days in which the House of Representatives has been in session or 25 calendar days in which the Senate has been in session, whichever occurs second; or ``(3) the last day after which the obligation of the funding in question can no longer be fully accomplished in a prudent manner before its expiration. ``(d) Deficit Reduction.-- ``(1) In general.--Funds that are rescinded under this part shall be dedicated only to reducing the deficit or increasing the surplus. ``(2) Adjustment of levels in the concurrent resolution on the budget.--Not later than 5 days after the date of enactment of an approval bill as provided under this part, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise allocations and aggregates and other appropriate levels under the appropriate concurrent resolution on the budget to reflect the repeal or cancellation, and the applicable committees shall report revised suballocations pursuant to section 302(b), as appropriate. ``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS. ``(a) Preparation of Legislation To Consider a Package of Expedited Rescission Requests.-- ``(1) In general.--If the House of Representatives receives a package of expedited rescission requests, the Clerk shall prepare a House bill that only rescinds the amounts requested which shall read as follows: ```There are enacted the rescissions numbered [insert number or numbers] as set forth in the Presidential message of [insert date] transmitted under part C of the Impoundment Control Act of 1974 as amended.' ``(2) Exclusion procedure.--The Clerk shall include in the bill each numbered rescission request listed in the Presidential package in question, except that the Clerk shall omit a numbered rescission request if the Chairman of the Committee on the Budget of the House, after consulting with the Chairman of the Committee on the Budget of the Senate, CBO, GAO, and the House and Senate committees that have jurisdiction over the funding, determines that the numbered rescission does not refer to funding or includes matter not permitted under a request to rescind funding. ``(b) Introduction and Referral of Legislation To Enact a Package of Expedited Rescissions.--The majority leader or the minority leader of the House or Representatives, or a designee, shall (by request) introduce each bill prepared under subsection (a) not later than 4 days of session of the House after its transmittal, or, if no such bill is introduced within that period, any member of the House may introduce the required bill in the required form on the fifth or sixth day of session of the House after its transmittal. If such an expedited rescission bill is introduced in accordance with the preceding sentence, it shall be referred to the House committee of jurisdiction. A copy of the introduced House bill shall be transmitted to the Secretary of the Senate, who shall provide it to the Senate committee of jurisdiction. ``(c) House Report and Consideration of Legislation To Enact a Package of Expedited Rescissions.--The House committee of jurisdiction shall report without amendment the bill referred to it under subsection (b) not more than 5 days of session of the House after the referral. The committee may order the bill reported favorably, unfavorably, or without recommendation. If the committee has not reported the bill by the end of the 5-day period, the committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. ``(d) House Motion To Proceed.-- ``(1) In general.--After a bill to enact an expedited rescission package has been reported or the committee of jurisdiction has been discharged under subsection (c), it shall be in order to move to proceed to consider the bill in the House. A Member who wishes to move to proceed to consideration of the bill shall announce that fact, and the motion to proceed shall be in order only during a time designated by the Speaker within the legislative schedule for the next calendar day of legislative session or the one immediately following it. ``(2) Failure to set time.--If the Speaker does not designate a time under paragraph (1), 3 or more calendar days of legislative session after the bill has been reported or discharged, it shall be in order for any Member to move to proceed to consider the bill. ``(3) Procedure.--A motion to proceed under this subsection shall not be in order after the House has disposed of a prior motion to proceed with respect to that package of expedited rescissions. The previous question shall be considered as ordered on the motion to proceed, without intervening motion. A motion to reconsider the vote by which the motion to proceed has been disposed of shall not be in order. ``(4) Removal from calendar.--If 5 calendar days of legislative session have passed since the bill was reported or discharged under this subsection and no Member has made a motion to proceed, the bill shall be removed from the calendar. ``(e) House Consideration.-- ``(1) Considered as read.--A bill consisting of a package of rescissions under this part shall be considered as read. ``(2) Points of order.--All points of order against the bill are waived, except that a point of order may be made that 1 or more numbered rescissions included in the bill would enact language containing matter not requested by the President or not permitted under this part as part of that package. If the Presiding Officer sustains such a point of order, the numbered rescission or rescissions that would enact such language are deemed to be automatically stripped from the bill and consideration proceeds on the bill as modified. ``(3) Previous question.--The previous question shall be considered as ordered on the bill to its passage without intervening motion, except that 4 hours of debate equally divided and controlled by a proponent and an opponent are allowed, as well as 1 motion to further limit debate on the bill. ``(4) Motion to reconsider.--A motion to reconsider the vote on passage of the bill shall not be in order. ``(f) Senate Consideration.-- ``(1) Referral.--If the House of Representatives approves a House bill enacting a package of rescissions, that bill as passed by the House shall be sent to the Senate and referred to the Senate committee of jurisdiction. ``(2) Committee action.--The committee of jurisdiction shall report without amendment the bill referred to it under this subsection not later than 3 days of session of the Senate after the referral. The committee may order the bill reported favorably, unfavorably, or without recommendation. ``(3) Discharge.--If the committee has not reported the bill by the end of the 3-day period, the committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. ``(4) Motion to proceed.--On the following day and for 3 subsequent calendar days in which the Senate is in session, it shall be in order for any Senator to move to proceed to consider the bill in the Senate. Upon such a motion being made, it shall be deemed to have been agreed to and the motion to reconsider shall be deemed to have been laid on the table. ``(5) Debate.--Debate on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours, equally divided and controlled in the usual form. Debate in the Senate on any debatable motion or appeal in connection with such a bill shall be limited to not more than 1 hour, to be equally divided and controlled in the usual form. A motion to further limit debate on such a bill is not debatable. ``(6) Motions not in order.--A motion to amend such a bill or strike a provision from it is not in order. A motion to recommit such a bill is not in order. ``(g) Senate Point of Order.--It shall not be in order under this part for the Senate to consider a bill approved by the House enacting a package of rescissions under this part if any numbered rescission in the bill would enact matter not requested by the President or not permitted under this Act as part of that package. If a point of order under this subsection is sustained, the bill may not be considered under this part.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Table of Contents.--Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking the matter for part C of title X and inserting the following: ``PART C--Expedited Consideration of Proposed Rescissions ``Sec. 1021. Applicability and disclaimer. ``Sec. 1022. Definitions. ``Sec. 1023. Timing and packaging of rescission requests. ``Sec. 1024. Requests to rescind funding. ``Sec. 1025. Grants of and limitations on presidential authority. ``Sec. 1026. Congressional consideration of rescission requests.''. (b) Temporary Withholding.--Section 1013(c) of the Impoundment Control Act of 1974 is amended by striking ``section 1012'' and inserting ``section 1012 or section 1025''. (c) Rulemaking.-- (1) 904(a).--Section 904(a) of the Congressional Budget Act of 1974 is amended by striking ``and 1017'' and inserting ``1017, and 1026''. (2) 904(d)(1).--Section 904(d)(1) of the Congressional Budget Act of 1974 is amended by striking ``1017'' and inserting ``1017 or 1026''. SEC. 4. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT. (a) In General.--Part A of the Impoundment Control Act of 1974 is amended by inserting at the end the following: ``SEC. 1002. SEVERABILITY. ``If the judicial branch of the United States finally determines that 1 or more of the provisions of parts B or C violate the Constitution of the United States, the remaining provisions of those parts shall continue in effect.''. (b) Table of Contents.--Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting at the end of the matter for part A of title X the following: ``Sec. 1002. Severability.''. SEC. 5. EXPIRATION. Part C of the Impoundment Control Act of 1974 (as amended by this Act) shall expire on December 31, 2014.", "summary": "Reduce Unnecessary Spending Act of 2010 - Amends the Impoundment Control Act of 1974 to require the Office of Management and Budget (OMB) to transmit, within 45 calendar days after enactment of the funding in question, a message to Congress with specified information requesting any rescission the President proposes under the procedures in this Act. Prescribes requirements for timing and packaging of rescission requests. Authorizes OMB, subject to a specified time limit, to withhold funding from obligation temporarily if the President proposes a rescission. Prohibits the President from invoking such expedited procedures or such authority to withhold funding on more than one occasion for any Act providing funding. Sets forth procedures for expedited congressional consideration of proposed rescissions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``ED 1.0 Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Access to technology can improve grade and test averages, graduation rates, and retention rates, in addition to increasing the number of graduates in science and technology disciplines. (2) Minority-serving institutions historically have an important role in reaching an underserved population, and minority-serving institutions in economically disadvantaged areas face particular hardships in acquiring funds to sustain and expand their technological resources. (3) Low-income areas are technologically underserved. (4) Congress and the technological community should do all they can to find new and creative ways to bridge the current technology gap. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Telecommunications and Information Administration. (2) Eligible educational institution.--The term ``eligible educational institution'' means an institution that is-- (A) a historically Black college or university; (B) a Hispanic-serving institution as that term is defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); (C) a tribally controlled college or university as that term is defined in section 2(a)(4) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)(4)); (D) an Alaska Native-serving institution as that term is defined in section 317(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(2)); or (E) a Native Hawaiian-serving institution as that term is defined in section 317(b)(4) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(4)). (3) Historically black college or university.--The term ``historically Black college or university'' means a part B institution as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)). SEC. 4. MINORITY ONLINE DEGREE PILOT PROGRAM. (a) Pilot Program Established.-- (1) In general.--There is established within the National Telecommunications and Information Administration a pilot program under which the Administrator shall award 4 grants to eligible educational institutions to enable the eligible educational institutions to develop digital and wireless networks for online educational programs of study within the eligible educational institutions. (2) Grant number, duration, and amount.-- (A) Number.--The Administrator shall award a total of 4 grants under this section. (B) Duration.--Each grant under this section shall be awarded for a period of 6 years. (C) Annual grant payment amounts.--The Administrator shall make grant payments under this section in the amount of-- (i) $1,000,000 for the first fiscal year of a grant awarded under this section; (ii) $600,000 for each of the second through fifth such fiscal years; and (iii) $100,000 for the sixth such fiscal year. (b) Priority.-- (1) In general.--In awarding grants under this section the Administrator shall give priority to an eligible educational institution that, according to the most recent data available (including data available from the Bureau of the Census), serves a county-- (A) in which 50 percent of the residents of the county are members of a racial or ethnic minority; (B) in which less than 18 percent of the residents of the county have obtained a baccalaureate degree or a higher education; (C) that has an unemployment rate of 7 percent or greater; (D) in which 19 percent or more of the residents of the county live in poverty; (E) that has a negative population growth rate; or (F) that has a median family income of $32,000. (2) Highest priority.--In awarding grants under this section the Administrator shall give the highest priority to an eligible educational institution that meets the greatest number of requirements described in subparagraphs (A) through (F) of paragraph (1). (c) Use of Funds.--An eligible educational institution receiving a grant under this section may use the grant funds-- (1) to acquire equipment, instrumentation, networking capability, hardware, software, digital network technology, wireless technology, or wireless infrastructure; (2) to develop and provide educational services, including faculty development; or (3) to develop strategic plans for information technology investments. (d) Matching Not Required.--The Administrator shall not require an eligible educational institution to provide matching funds for a grant awarded under this section. (e) Report.--Not later than November 1 of each year, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report evaluating the progress, during the preceding fiscal year, of the pilot program assisted under this section. (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section-- (A) $4,500,000 for fiscal year 2008; (B) $2,400,000 for each of the fiscal years 2009 through 2012; and (C) $500,000 for fiscal year 2013. (2) Availability.--Funds appropriated under paragraph (1) shall remain available until expended. (g) Limitation on Use of Other Funds.--The Administrator shall carry out this section only with amounts appropriated in advance specifically to carry out this section.", "summary": "ED 1.0 Act - Establishes a pilot program requiring the Administrator of the National Telecommunications and Information Administration to award six-year grants to four minority-serving educational institutions, enabling them to develop digital and wireless networks for online programs of study within the institutions. Gives grant priority to institutions serving counties: (1) that meet specified criteria of economic depression; (2) less than 18% of whose residents have a higher education; and (3) at least half of whose residents are minorities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Tax Fairness and Shareholder Rights Act of 2003''. SEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Certain corporations treated as domestic.-- ``(i) In general.--The acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. ``(ii) Corporate expatriation transaction.--For purposes of this subparagraph, the term `corporate expatriation transaction' means any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. ``(iii) Lower stock ownership requirement in certain cases.--Subclause (II) of clause (ii) shall be applied by substituting `50 percent' for `80 percent' with respect to any nominally foreign corporation if-- ``(I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and ``(II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(iv) Partnership transactions.--The term `corporate expatriation transaction' includes any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnerships (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and ``(III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). ``(v) Special rules.--For purposes of this subparagraph-- ``(I) a series of related transactions shall be treated as 1 transaction, and ``(II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(vi) Other definitions.--For purposes of this subparagraph-- ``(I) Nominally foreign corporation.--The term `nominally foreign corporation' means any corporation which would (but for this subparagraph) be treated as a foreign corporation. ``(II) Expanded affiliated group.-- The term `expanded affiliated group' means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)). ``(III) Related foreign partnership.--A foreign partnership is related to a domestic partnership if they are under common control (within the meaning of section 482), or they shared the same trademark or tradename.''. (b) Effective Dates.-- (1) In general.--The amendment made by this section shall apply to corporate expatriation transactions completed after September 11, 2001. (2) Special rule.--The amendment made by this section shall also apply to corporate expatriation transactions completed after December 31, 1996, and before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2003. SEC. 3. DISCLOSURE OF CORPORATE EXPATRIATION TRANSACTIONS. (a) In General.--Section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at the end the following new subsection: ``(i) Proxy Solicitations in Connection With Corporate Expatriation Transactions.-- ``(1) Disclosure to shareholders of effects of corporate expatriation transaction.--The Commission shall, by rule, require that each domestic issuer shall prominently disclose, as a separate and distinct document accompanying each proxy statement relating to a corporate expatriation transaction-- ``(A) the number of employees of the domestic issuer that would be located in the new foreign jurisdiction of incorporation or organization of that issuer upon completion of the corporate expatriation transaction; ``(B) the percentage of the total assets of the domestic issuer that would be located within the new foreign jurisdiction of incorporation or organization of that issuer upon completion of the corporate expatriation transaction; ``(C) how the rights of holders of the securities of the domestic issuer would be impacted by a completed corporate expatriation transaction; ``(D) that as a result of a completed corporate expatriation transaction, any taxable holder of the securities of the domestic issuer shall be subject to the taxation of any capital gains realized with respect to such securities; and ``(E) the estimated tax benefit that would be realized by the domestic issuer upon completion of the corporate expatriation transaction. ``(2) Disclosure to commission of results of vote.--Upon the approval of any corporate expatriation transaction by the holders of the securities of a domestic issuer, that issuer shall provide to the Commission, in a form and manner to be determined by the Commission, information as to how each holder of record of a voting security of that domestic issuer (or a proxy there for) voted with respect to the corporate expatriation transaction. ``(3) Definitions.--In this subsection, the following definitions shall apply: ``(A) Corporate expatriation transaction.--The term `corporate expatriation transaction' means any transaction, or series of related transactions, in which an entity organized under the laws of a foreign country acquires, directly or indirectly, substantially all of the voting securities in, or substantially all of the assets of, a domestic issuer, and-- ``(i) immediately after completion of the transaction, more than 80 percent of the securities (by vote or value) of the acquiring foreign entity will be held by persons that were security holders of the domestic issuer immediately prior to the transaction; or ``(ii) immediately after completion of the transaction, more than 50 percent of the securities (by vote or value) of the acquiring foreign entity will be held by persons that were security holders of the domestic issuer immediately prior to the transaction, and-- ``(I) such foreign entity will not have substantial business activities in the foreign country in which it is organized; and ``(II) the securities of the foreign entity will be publicly traded, and the principal market for the public trading of such securities will be in the United States. ``(B) Domestic issuer.--The term `domestic issuer' means an issuer created or organized in the United States or under the law of the United States or of any State.''. (b) Effective Date.--Section 14(i) of the Securities Exchange Act of 1934 (as added by this section) shall apply with respect to corporate expatriation transactions (as defined in that section 14(i)) proposed on and after the date of enactment of this Act. SEC. 4. MODIFICATIONS TO EXPENSING UNDER SECTION 179. (a) Increase of Amount Which May Be Expensed.-- (1) In general.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended to read as follows: ``(1) Dollar limitation.--The aggregate cost which may be taken into account under subsection (a) for any taxable year shall not exceed $75,000 ($25,000 in the case of taxable years beginning after December 31, 2007).''. (2) Increase in phaseout threshold.--Paragraph (2) of section 179(b) of such Code is amended by striking ``$200,000'' and inserting ``$325,000 ($200,000 in the case of taxable years beginning after December 31, 2007)''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after December 31, 2002.", "summary": "Corporate Tax Fairness and Shareholder Rights Act of 2003 - Amends the Internal Revenue Code (IRC) by determining that acquiring corporations in\"corporate expatriation transactions\" shall be considered domestic corporations. Defines a \"corporate expatriation transaction\" as, with certain exceptions, one in which a \"nominally foreign corporation\" acquires substantially all of the properties held by a domestic corporation and in which, immediately after the transaction, more than 80 percent of the stock of the acquiring corporation is held by former shareholders of the domestic corporation. Lowers the 80 percent threshold to 50 percent when the acquiring \"nominally foreign corporation\" lacks substantial business activities in the foreign country in which it was created and organized compared to the total activities of the \"expanded affiliated group\" and the stock is publicly traded, with the principal market of trading being the United States. Defines the terms \"nominally foreign corporation\" and \"expanded affiliated group.\"Applies similar rules to partnership transactions.Establishes that a series of related transactions relevant to the Act shall be handled as a single transaction.Amends the Securities Act of 1934 to require: (1) disclosure to shareholders, and effects of, corporate expatriation transaction; and (2) disclosure to the SEC of the approval of any corporate expatriate transaction.Amends the IRC to temporarily (through 2007) increase the expensing limit and phaseout threshold."}
{"article": "SECTION 1. STANDARDIZATION OF WITHDRAWAL OPTIONS FOR THRIFT SAVINGS PLAN PARTICIPANTS. (a) Participation in the Thrift Savings Plan.--Section 8351(b) of title 5, United States Code, is amended-- (1) by amending paragraph (4) to read as follows: ``(4) Section 8433(b) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from Government employment.''; (2) by striking out paragraphs (5), (6), and (8); (3) by redesignating paragraphs (7), (9), and (10) as paragraphs (5), (6), and (7), respectively; (4) in paragraph (5)(C) (as redesignated under paragraph (3) of this subsection) by striking out ``or former spouse'' in both places it appears; (5) by amending paragraph (6) (as redesignated under paragraph (3) of this subsection) to read as follows: ``(6) Notwithstanding paragraph (4), if an employee or Member separates from Government employment and such employee's or Member's nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b) of this title.''; and (6) in paragraph (7) (as redesignated under paragraph (3) of this subsection) by striking out ``nonforfeiture'' and inserting in lieu thereof ``nonforfeitable''. (b) Benefits and Election of Benefits.--Section 8433 of title 5, United States Code, is amended-- (1) in subsection (b) by striking out the matter before paragraph (1) and inserting in lieu thereof ``Subject to section 8435 of this title, any employee or Member who separates from Government employment entitled to an annuity under subchapter II of this chapter or any employee or Member who separates from Government employment is entitled and may elect--''; (2) by striking out subsections (c) and (d) and redesignating subsections (e), (f), (g), (h), and (i) as subsections (c), (d), (e), (f), and (g), respectively; (3) in subsection (c)(1) (as redesignated under paragraph (2) of this subsection) by striking out ``or (c)(4) or required under subsection (d) directly to an eligible retirement plan or plans) (as defined in section 402(a)(5)(E) of the Internal Revenue Code of 1954)'' and inserting in lieu thereof ``directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986)''; (4) in subsection (d)(2) (as redesignated under paragraph (2) of this subsection) by striking out ``or (c)(2)''; and (5) in subsection (f) (as redesignated under paragraph (2) of this subsection)-- (A) by striking out paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (B) in paragraph (1) (as redesignated under subparagraph (A) of this paragraph)-- (i) by striking out ``Notwithstanding subsections (b) and (c), if an employee or Member separates from Government employment under circumstances making such an employee or Member eligible to make an election under either of those subsections, and such employee's or Member's'' and inserting in lieu thereof ``Notwithstanding subsection (b), if an employee or Member separates from Government employment, and such employee's or Member's''; and (ii) by striking out ``or (c), as applicable''; and (C) in paragraph (2) (as redesignated under subparagraph (A) of this paragraph) by striking out ``paragraphs (1) and (2)'' and inserting in lieu thereof ``paragraph (1)''. (c) Annuities: Methods of Payment; Election; Purchase.--Section 8434(c) of title 5, United States Code, is amended to read as follows: ``(c) Notwithstanding an elimination of a method of payment by the Board an employee, Member, former employee, or former Member may elect the eliminated method if the elimination of such method became effective less than 5 years before the date on which the annuity commences.''. (d) Protections for Spouses and Former Spouses.--Section 8435 of title 5, United States Code, is amended-- (1) in subsection (a)(1)(A) by striking out ``subsection (b)(3), (b)(4), (c)(3), or (c)(4) of section 8433 of this title or change an election previously made under subsection (b)(1), (b)(2), (c)(1), or (c)(2)'' and inserting in lieu thereof ``subsection (b)(3) or (b)(4) of section 8433 of this title or change an election previously made under subsection (b)(1) or (b)(2)''; (2) by striking out subsection (b); (3) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (b), (c), (d), (e), (f), (g), and (h), respectively; (4) in subsection (b) (as redesignated under paragraph (3) of this subsection) by amending paragraph (2) to read as follows: ``(2) Paragraph (1) shall not apply, if-- ``(A) a joint waiver of such method is made, in writing, by the employee or Member and the spouse; or ``(B) the employee or Member waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described under subsection (a)(2) (A) or (B) make the requirement of a joint waiver inappropriate.''; and (5) in subsection (c)(1) (as redesignated under paragraph (3) of this subsection) by striking out ``and a transfer may not be made under section 8433(d) of this title''. (e) Justices and Judges.--Section 8440a(b) of title 5, United States Code, is amended-- (1) in paragraph (5) by striking out ``Section 8433(d)'' and inserting in lieu thereof ``Section 8433(b)''; and (2) by striking out paragraphs (7) and (8) and inserting in lieu thereof the following: ``(7) Notwithstanding paragraphs (4) and (5), if any justice or judge retires under subsection (a) or (b) of section 371 or section 372(a) of title 28, or resigns without having met the age and service requirements set forth under section 371(c) of title 28, and such justice's or judge's nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b).''. (f) Bankruptcy Judges and Magistrates.--Section 8440b of title 5, United States Code, is amended-- (1) in subsection (b)(4) by amending subparagraph (B) to read as follows: ``(B) Section 8433(b) of this title applies to any bankruptcy judge or magistrate who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires before attaining age 65 but is entitled, upon attaining age 65, to an annuity under section 377 of title 28 or section 2(c) of the Retirement and Survivors Annuities for Bankruptcy Judges and Magistrates Act of 1988.''; (2) in subsection (b)(4)(C) by striking out ``Section 8433(d)'' and inserting in lieu thereof ``Section 8433(b)''; (3) in subsection (b)(5) by striking out ``retirement under section 377 of title 28 is'' and inserting in lieu thereof ``any of the actions described under paragraph (4) (A), (B), or (C) shall be considered''; (4) in subsection (b) by striking out paragraph (8) and redesignating paragraph (9) as paragraph (8); and (5) in paragraph (8) of subsection (b) (as redesignated under paragraph (4) of this subsection)-- (A) by striking out ``Notwithstanding subparagraphs (A) and (B) of paragraph (4), if any bankruptcy judge or magistrate retires under circumstances making such bankruptcy judge or magistrate eligible to make an election under subsection (b) or (c)'' and inserting in lieu thereof ``Notwithstanding paragraph (4), if any bankruptcy judge or magistrate retires under circumstances making such bankruptcy judge or magistrate eligible to make an election under subsection (b)''; and (B) by striking out ``and (c), as applicable''. (g) Claims Court Judges.--Section 8440c of title 5, United States Code, is amended-- (1) in subsection (b)(4)(B) by striking out ``Section 8433(d)'' and inserting in lieu thereof ``Section 8433(b)''; (2) in subsection (b)(5) by striking out ``retirement under section 178 of title 28, is'' and inserting in lieu thereof ``any of the actions described in paragraph (4) (A) or (B) shall be considered''; (3) in subsection (b) by striking out paragraph (8) and redesignating paragraph (9) as paragraph (8); and (4) in paragraph (8) (as redesignated under paragraph (3) of this subsection) by striking out ``Notwithstanding paragraph (4)(A)'' and inserting in lieu thereof ``Notwithstanding paragraph (4)''. (h) Judges of the United States Court of Veterans Appeals.--Section 8440d(b)(5) of title 5, United States Code, is amended by striking out ``A transfer shall be made as provided under section 8433(d) of this title'' and inserting in lieu thereof ``Section 8433(b) of this title applies''. (i) Technical and Conforming Amendments.--Chapters 83 and 84 of title 5, United States Code, are amended-- (1) in section 8351(b)(5)(B) (as redesignated under subsection (a)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (2) in section 8351(b)(5)(D) (as redesignated under subsection (a)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (3) in section 8433(b)(4) by striking out ``subsection (e)'' and inserting in lieu thereof ``subsection (c)''; (4) in section 8433(d)(1) (as redesignated under subsection (b)(2) of this section) by striking out ``(d) of section 8435'' and inserting in lieu thereof ``(c) of section 8435''; (5) in section 8433(d)(2) (as redesignated under subsection (b)(2) of this section) by striking out ``section 8435(d)'' and inserting in lieu thereof ``section 8435(c)''; (6) in section 8433(e) (as redesignated under subsection (b)(2) of this section) by striking out ``section 8435(d)(2)'' and inserting in lieu thereof ``section 8435(c)(2)''; (7) in section 8433(g)(5) (as redesignated under subsection (b)(2) of this section) by striking out ``section 8435(f)'' and inserting in lieu thereof ``section 8435(e)''; (8) in section 8434(b) by striking out ``section 8435(c)'' and inserting in lieu thereof ``section 8435(b)''; (9) in section 8435(a)(1)(B) by striking out ``subsection (c)'' and inserting in lieu thereof ``subsection (b)''; (10) in section 8435(d)(1)(B) (as redesignated under subsection (d)(3) of this section) by striking out ``subsection (d)(2)'' and inserting in lieu thereof ``subsection (c)(2)''; (11) in section 8435(d)(3)(A) (as redesignated under subsection (d)(3) of this section) by striking out ``subsection (c)(1)'' and inserting in lieu thereof ``subsection (b)(1)''; (12) in section 8435(d)(6) (as redesignated under subsection (d)(3) of this section) by striking out ``or (c)(2)'' and inserting in lieu thereof ``or (b)(2)''; (13) in section 8435(e)(1)(A) (as redesignated under subsection (d)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (14) in section 8435(e)(2) (as redesignated under subsection (d)(3) of this section) by striking out ``section 8433(i) of this title shall not be approved if approval would have the result described in subsection (d)(1)'' and inserting in lieu thereof ``section 8433(g) of this title shall not be approved if approval would have the result described under subsection (c)(1)''; (15) in section 8435(g) (as redesignated under subsection (d)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (16) in section 8437(c)(5) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; and (17) in section 8440a(b)(6) by striking out ``section 8351(b)(7)'' and inserting in lieu thereof ``section 8351(b)(5)''. (j) Interim Provision.--Section 8433(d) of title 5, United States Code, is amended by striking out ``shall transfer the amount of the balance'' and inserting in lieu thereof ``may transfer the amount of the balance''. (k) Effective Dates.--(1) Except as provided in paragraph (2), the provisions of this section shall take effect 1 year after the date of enactment of this Act or upon such other date as the Executive Director of the Federal Retirement Thrift Investment Board shall provide in regulation. (2) The provisions of subsection (j) of this section shall take effect upon the date of the enactment of this Act. Passed the Senate November 24 (legislative day, November 23), 1993. Attest: WALTER J. STEWART, Secretary.", "summary": "Revises the Thrift Savings Plan (TSP), with changes providing separating TSP participants with the same options for withdrawal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Medical Decision Incentive Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States spends more per capita on health care than any other nation, and yet it has mediocre health outcomes, including the second-highest infant mortality rate of all industrialized nations. (2) The efficacy of best practices guidelines in improving health care delivery and patient outcomes is well established. (3) Existing payment systems compensate physicians without adequate attention to the appropriateness or quality of care delivered and often without reference to established best practices. (4) Identification of and adherence to best practices can improve the quality of health care while reducing overall costs to the health care system. (5) Orderly administrative proceedings involving knowledgeable professionals will enhance best practices for health care. (6) Control of medical practices through denial of claims by insurance companies has proven wasteful and confusing, and has failed to motivate adequate development and use of best practices for health care. SEC. 3. VOLUNTARY STATE DEVELOPMENT AND APPROVAL OF QUALIFYING BEST PRACTICES; INCENTIVES FOR PRIVATE INSURERS. (a) State Approval of Best Practices.-- (1) In general.--A State health department may approve best practices in a course of, or as a means of treatment for, a particular condition, illness, or procedure, as the qualifying standard of care for the State in order to take advantage of the differential rates of payment implemented under sections 1898 and 1902(dd) of the Social Security Act (as added by sections 4 and 5, respectively) and the private insurance incentive under subsection (b). (2) Qualifying process for state approval.--In order for best practices approved by a State under paragraph (1) to qualify as best practices for purposes of implementing such differential rates of payment and for purposes of such private insurance incentive, a State health department shall-- (A) allow any duly constituted State medical society or medical specialty group to file with the State health department a course or means of treatment representing best practices for a particular condition, illness, or procedure to be applicable in the State, including cost-effective prevention and management measures; (B) provide for notice and hearing consistent with the administrative procedures of the State with respect to the approval of best practices for a particular condition, illness, or procedure; (C) permit any health insurer described in subsection (b)(1), including any individual authorized by the Secretary of Health and Human Services to act as a representative of the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.), to intervene in any administrative proceeding to approve such best practices; (D) provide appropriate notice of any such administrative proceeding to established advocacy groups concerned with the condition or illness involved in the proceeding; and (E) in the case where the State health department determines that a course of treatment filed in accordance with subparagraph (A) would lower system costs and improve quality of care, approve that best practices course of treatment within its jurisdiction as the qualifying standard of care under this subsection for that condition, illness, or procedure. (3) Priority of approvals.--State health departments are encouraged to prioritize approval of best practices that address conditions, illnesses, or procedures where those best practices are reasonably anticipated to result in the greatest overall cost savings and quality improvements. (4) Approval of qualifying best practices.--If, at the conclusion of a process that meets the requirements of paragraph (2), the State health department approves best practices (as described in paragraph (1)), those best practices shall be-- (A) deemed qualifying best practices; (B) the basis for differential rates of payment under sections 1898 and 1902(dd) of the Social Security Act (as added by sections 4 and 5, respectively); and (C) eligible for the private insurance incentive under subsection (b). (5) Definition of state.--In this subsection the term ``State'' includes such regional or local areas as the State health department determines appropriate. (b) Incentive for Private Insurers To Provide Timely Payment for Services Provided in Accordance With Best Practices.-- (1) In general.--Notwithstanding any other provision of law, in the case where qualifying best practices have been approved by a State health department in accordance with subsection (a), any health insurer doing business in interstate commerce and providing health care coverage within the State shall pay all provider charges for any service provided in accordance with such best practices not later than 30 days after the date on which such service is provided and, absent fraud, without regard for the insurer's internal utilization review or claims denial procedure. (2) Standing to enforce.--Any provider or specialty group that does business in a State where the State health department has approved qualifying best practices in accordance with subsection (a) may bring a civil action in an appropriate United States district court to enjoin efforts by any health insurer to challenge or delay payment for services provided by the provider or a member of the specialty group in accordance with such best practices approved in the State. The district court shall award a provider or specialty group costs and attorney's fees in such a civil action if the court finds that the challenge or delay was a willful violation of this Act. SEC. 4. IMPLEMENTATION OF DIFFERENTIAL RATES OF PAYMENT FOR QUALIFYING BEST PRACTICES UNDER THE MEDICARE PROGRAM. (a) Differential Rates of Payment for Qualifying Best Practices.-- Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``differential rates of payment for qualifying best practices ``Sec. 1898. (a) In General.-- ``(1) Differential rates of payment.--Notwithstanding any other provision of law, the Secretary shall establish procedures to provide differential rates of payment for items and services covered under the program under this title that favor treatment provided consistent with qualifying best practices approved by a State in accordance with section 3(a) of the Improved Medical Decision Incentive Act of 2007. ``(2) Regulations.--Not later than March 31, 2008, the Secretary shall promulgate regulations to carry out this subsection. ``(3) Budget neutrality.--The Secretary shall ensure that the procedures established under paragraph (1) do not result in overall expenditures for any year under this title that are more than the expenditures which would have been made if such procedures had not been established, taking into account-- ``(A) any savings anticipated as a result of the application of best practices to items and services covered under the program under this title; and ``(B) the net effects of reimbursement increases and decreases as a result of the differential in rates of payment established under such program. ``(b) Adoption of National Best Practices.-- ``(1) In general.--Such procedures shall specify that, in any case where the Secretary finds a national standard for best practices to be appropriate, the Secretary may adopt national best practices. Subject to paragraph (2), such national best practices shall be applicable within a State as a qualifying best practice in accordance with section 3(a) of the Improved Medical Decision Incentive Act of 2007 and the basis for the establishment of differential rates of payment under the program under this title. ``(2) Limitation.--In any case where the State health department has approved qualifying best practices in the State for a condition, illness, or procedure in accordance with such section 3(a), national best practices adopted under paragraph (1) shall only be applicable within such State as a qualifying best practice and the basis for the establishment of such differential rates of payment if the Secretary finds, after a hearing in the State that meets the procedural requirements under paragraph (2) of such section 3(a), that the national best practices will improve health care outcomes and lower health care costs in the State to a greater extent than the qualifying best practices approved by the State health department for that condition, illness, or procedure in accordance with such section 3(a).''. (b) Effective Date.--The amendment made by this section shall apply to items and services furnished on or after March 31, 2008. SEC. 5. IMPLEMENTATION OF DIFFERENTIAL RATES OF PAYMENT FOR QUALIFYING BEST PRACTICES UNDER THE MEDICAID PROGRAM. (a) State Plan Amendment.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (69), by striking ``and'' at the end; (2) in paragraph (70)(B)(iv), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (70)(B)(iv) the following new paragraph: ``(71) provide, in accordance with procedures established by the Secretary under subsection (dd) and after consultation with and upon the recommendation of the State health department (and the approval of the Secretary), for differential rates of payment for medical assistance under the plan that favor treatment provided consistent with qualifying best practices approved by the State health department in accordance with section 3(a) of the Improved Medical Decision Incentive Act of 2007, except that in establishing such payment rates, the State shall ensure that the amounts paid under such rates do not exceed the amount the State would have paid for such medical assistance under the plan if such differential rates of payment had not been made, taking into account any annual increases in population and inflation.''. (b) Establishment of Procedures.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: ``(dd) Differential Rates of Payment for Qualifying Best Practices and Adoption of National Best Practices.-- ``(1) Differential rates of payment for qualifying best practices.-- ``(A) In general.--Notwithstanding any other provision of law, the Secretary shall establish procedures to provide differential rates of payment for medical assistance provided consistent with qualifying best practices approved by a State in accordance with section 3(a) of the Improved Medical Decision Incentive Act of 2007. ``(B) Regulations.--Not later than March 31, 2008, the Secretary shall promulgate regulations to carry out this subsection. ``(C) Budget neutrality.--The Secretary shall ensure that the procedures established under subparagraph (A) do not result in overall expenditures for any year under a State plan that are more than the expenditures which would have been made if such procedures had not been established, taking into account-- ``(i) any savings anticipated as a result of the application of best practices to medical assistance provided under the State plan; and ``(ii) the net effects of reimbursement increases and decreases as a result of the differential rates of payment established under such plan. ``(2) Adoption of national best practices.--Such procedures shall specify that, in any case where the Secretary adopts national best practices in accordance with section 1898(b), subject to the limitation under paragraph (2) of such section, such national best practices shall be-- ``(A) applicable within a State as a qualifying best practice in accordance with section 3(a) of the Improved Medical Decision Incentive Act of 2007; and ``(B) the basis for the establishment of differential rates of payment under the State plan.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to medical assistance furnished on or after March 31, 2008. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. SEC. 6. OVERSIGHT BY THE CENTERS FOR MEDICARE & MEDICAID SERVICES. (a) Review and Report.-- (1) Review.-- (A) In general.--The Secretary shall conduct an annual review of the efficacy of all qualifying best practices approved pursuant to section 3(a) and, if applicable, any national best practices adopted pursuant to section 1898(b) of the Social Security Act, as added by section 4(a). (B) Considerations.--The review conducted under subparagraph (A) shall consider-- (i) the effect of such best practices with respect to improving outcomes and lowering the cost of care; and (ii) the effect and efficacy of differential rates of payment under the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.) under procedures established pursuant to the amendments made by sections 4 and 5. (2) Report.--The Secretary shall submit an annual report to Congress containing the results of the review conducted under paragraph (1)(A), together with recommendations for such legislation and administrative actions as the Secretary determines appropriate. (b) Annual Conference.--The Secretary shall host an annual conference of all State health directors, and any State medical societies and medical specialty groups that have filed best practices for approval with a State health department in accordance with subparagraph (A) of section 3(a)(2) and any health insurers and advocacy groups that have participated in any administrative proceeding to approve best practices in accordance with subparagraphs (C) and (D), respectively, of such section, to provide-- (1) for the exchange of information; and (2) an opportunity to summarize the effects on health care costs, quality, and outcomes of qualifying best practices approved in accordance with section 3(a) prior to the date on which the conference is held. (c) Authorization.--There are authorized to be appropriated such sums as may be necessary for the purpose of carrying out this section. (d) Definition of Secretary.--In this section, the term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services.", "summary": "Improved Medical Decision Incentive Act of 2007 - Allows a state health department to approve best practices in a course of, or as a means of treatment for, a particular condition, illness, or procedure, as the qualifying standard of care for the state in order to take advantage of the differential rates of payment implemented under the Social Security Act and the private insurance incentive under this Act. Requires a state health department, among other conditions for state approval, to allow any duly constituted state medical society or medical speciality group to file with the state health department a course or means of treatment representing best practices for a particular condition, illness, or procedure. Requires any interstate health insurer providing health care coverage within a state with approved qualifying best practices to pay all provider charges for any service provided in accordance with such practices. Authorizes any such provider or specialty group to bring a civil action in an appropriate U.S. district court to enjoin efforts by any health insurer to challenge or delay payment for services provided by the provider or a member of the specialty group in accordance with such best practices. Amends titles XVIII (Medicare) and XIX (Medicaid) to provide for implementation of differential rates of payment for covered items and services that favor treatment consistent with qualifying best practices under the Medicare and Medicaid programs. Requires the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, to review annually and report to Congress on the efficacy of all qualifying best practices approved pursuant to this Act and, if applicable, any national best practices adopted pursuant to this Act. Requires the Secretary also to host an annual conference on best practices for all state health directors, any state medical societies and medical specialty groups that have filed best practices for state approval, and any health insurers and advocacy groups that have participated in any administrative proceeding to approve best practices."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Patient Empowerment Act''. SEC. 2. GUARANTEEING FREEDOM OF CHOICE AND CONTRACTING FOR PATIENTS. (a) In General.--Section 1802 of the Social Security Act (42 U.S.C. 1395a) is amended to read as follows: ``freedom of choice and contracting by patient guaranteed ``Sec. 1802. (a) Basic Freedom of Choice.--Any individual entitled to insurance benefits under this title may obtain health services from any institution, agency, or person qualified to participate under this title if such institution, agency, or person undertakes to provide that individual such services. ``(b) Freedom To Contract by Medicare Beneficiaries.-- ``(1) In general.--Subject to the provisions of this subsection, nothing in this title shall prohibit a Medicare beneficiary from entering into a contract with a participating or non-participating physician or practitioner for any item or service covered under this title. ``(2) Submission of claims.--Any Medicare beneficiary that enters into a contract under this section shall be permitted to submit a claim for payment under this title, and such payment shall be made in the amount that would otherwise apply under this title if such claim had been filed by a participating physician or practitioner (as defined in section 1842(i)(2)) in the payment area where the physician or practitioner covered by the contract resides. Payment made under this title for any item or service provided under the contract shall not render the physician a participating or non-participating physician, and as such, requirements of this title that may otherwise apply to a participating or non-participating physician would not apply with respect to any items or services furnished under the contract. ``(3) Beneficiary protections.-- ``(A) In general.--Paragraph (1) shall not apply to any contract unless-- ``(i) the contract is in writing, is signed by the Medicare beneficiary and the physician or practitioner, and establishes all terms of the contract (including specific payment for physicians' services covered by the contract) before any item or service is provided pursuant to the contract, and the beneficiary shall be held harmless for any subsequent payment charged for a service in excess of the amount established under the contract during the period the contract is in effect; ``(ii) the contract contains the items described in subparagraph (B); and ``(iii) the contract is not entered into at a time when the Medicare beneficiary is facing an emergency medical condition or urgent health care situation. ``(B) Items required to be included in contract.-- Any contract to provide items and services to which paragraph (1) applies shall clearly indicate to the Medicare beneficiary that by signing such contract the beneficiary-- ``(i) agrees to be responsible for payment to such physician or practitioner for such items or services under the terms of and amounts established under the contract; ``(ii) agrees to be responsible for submitting claims under this title to the Secretary, and to any other supplemental insurance plan that may provide supplemental insurance, for such items or services furnished under the contract if such items or services are covered by this title, unless otherwise provided in the contract under subparagraph (C)(i); and ``(iii) acknowledges that no limits or other payment incentives that may otherwise apply under this title (such as the limits under subsection (g) of section 1848 or incentives under subsection (a)(5), (m), (q), and (p) of such section) shall apply to amounts that may be charged, or paid to a beneficiary for, such items or services. Such contract shall also clearly indicate whether the physician or practitioner is excluded from participation under the Medicare program under section 1128. ``(C) Beneficiary elections under the contract.-- Any Medicare beneficiary that enters into a contract under this section may elect to negotiate, as a term of the contract, a provision under which-- ``(i) the physician or practitioner shall file claims on behalf of the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract if such items or services are covered under this title or under the plan; and ``(ii) the beneficiary assigns payment to the physician for any claims filed by, or on behalf of, the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract. ``(D) Exclusion of dual eligible individuals.-- Paragraph (1) shall not apply to any contract if a beneficiary who is eligible for medical assistance under title XIX is a party to the contract. ``(4) Limitation on actual charge and claim submission requirement not applicable.--Section 1848(g) shall not apply with respect to any item or service provided to a Medicare beneficiary under a contract described in paragraph (1). ``(5) Construction.--Nothing in this section shall be construed to prohibit any physician or practitioner from maintaining an election and acting as a participating or non- participating physician or practitioner with respect to any patient not covered under a contract established under this section. ``(6) Definitions.--In this subsection: ``(A) Medicare beneficiary.--The term `Medicare beneficiary' means an individual who is entitled to benefits under part A or enrolled under part B. ``(B) Physician.--The term `physician' has the meaning given such term by paragraphs (1), (2), (3), and (4) of section 1861(r). ``(C) Practitioner.--The term `practitioner' means a practitioner described in section 1842(b)(18)(C). ``(D) Emergency medical condition.--The term `emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, with an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in-- ``(i) serious jeopardy to the health of the individual or, in the case of a pregnant woman, the health of the woman or her unborn child; ``(ii) serious impairment to bodily functions; or ``(iii) serious dysfunction of any bodily organ or part. ``(E) Urgent health care situation.--The term `urgent health care situation' means services furnished to an individual who requires services to be furnished within 12 hours in order to avoid the likely onset of an emergency medical condition.''. SEC. 3. PREEMPTION OF STATE LAWS LIMITING CHARGES FOR PHYSICIAN AND PRACTITIONER SERVICES. (a) In General.--No State may impose a limit on the amount of charges for services, furnished by a physician or practitioner, for which payment is made under section 1848 of the Social Security Act (42 U.S.C. 1395w-4), and any such limit is hereby preempted. (b) State.--In this section, the term ``State'' includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa.", "summary": "Medicare Patient Empowerment Act - Amends title XVIII (Medicare) of the Social Security Act to allow any Medicare beneficiary to enter into a contract with a non-participating (as well as with a participating) physician or practitioner for any item or service covered by Medicare. Allows such beneficiaries to submit a claim for Medicare payment in the amount that would otherwise apply if the claim had been filed by a participating physician or practitioner in the payment area where the physician or practitioner covered by the contract resides. Requires a Medicare beneficiary to agree in writing in such a contract to: (1) pay the physician or practitioner for a Medicare-covered item or service; and (2) submit (in lieu of the physician or practitioner) a claim for Medicare payment. Allows a beneficiary, however, to negotiate, as a term of the contract, for the physician or practitioner to file such claims on the beneficiary's behalf. Preempts state laws from limiting the amount of charges for physician and practitioner services for which Medicare payment is made."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Nicotine Poisoning Prevention Act of 2015''. SEC. 2. SPECIAL PACKAGING FOR LIQUID NICOTINE CONTAINERS. (a) Requirement.--Notwithstanding section 2(f)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)), any nicotine provided in a liquid nicotine container sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States shall be packaged in accordance with the standards provided in section 1700.15 of title 16, Code of Federal Regulations, as determined through testing in accordance with the method described in section 1700.20 of title 16, Code of Federal Regulations, and any subsequent changes to such sections adopted by the Commission. (b) Savings Clause.-- (1) In general.--Nothing in this Act shall be construed to limit or otherwise affect the authority of the Secretary of Health and Human Services to regulate, issue guidance, or take action regarding the manufacture, marketing, sale, distribution, importation, or packaging, including child- resistant packaging, of nicotine, liquid nicotine, liquid nicotine containers, electronic cigarettes, electronic nicotine delivery systems or other similar products that contain or dispense liquid nicotine, or any other nicotine-related products, including-- (A) authority under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and the Family Smoking Prevention and Tobacco Control Act (Public Law 111-31) and the amendments made by such Act; and (B) authority for the rulemaking entitled ``Deeming Tobacco Products to Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; regulations on the Sale and Distribution of Tobacco Products and the Required Warning Statements for Tobacco Products'' (April 2014) (FDA-2014-N-0189), the rulemaking entitled ``Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E- Liquid(s), and Other Tobacco Products'' (June 2015) (FDA-2015-N-1514), and subsequent actions by the Secretary regarding packaging of liquid nicotine containers. (2) Consultation.--If the Secretary of Health and Human Services adopts, maintains, enforces, or imposes or continues in effect any packaging requirement for liquid nicotine containers, including a child-resistant packaging requirement, the Secretary shall consult with the Commission, taking into consideration the expertise of the Commission in implementing and enforcing this Act and the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.). (c) Applicability.--Notwithstanding section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)) and section 2(f)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)), the requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). (d) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (2) Liquid nicotine container.-- (A) In general.--Notwithstanding section 2(f)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)), the term ``liquid nicotine container'' means a package (as defined in section 2 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471))-- (i) from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer; and (ii) that is used to hold soluble nicotine in any concentration. (B) Exclusion.--The term ``liquid nicotine container'' does not include a sealed, pre-filled, and disposable container of nicotine in a solution or other form in which such container is inserted directly into an electronic cigarette, electronic nicotine delivery system, or other similar product, if the nicotine in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children. (3) Nicotine.--The term ``nicotine'' means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived. SEC. 3. EFFECTIVE DATE. This Act shall take effect on the date that is 180 days after the date of the enactment of this Act.", "summary": ". Child Nicotine Poisoning Prevention Act of 2015 (Sec. 2) This bill requires any nicotine provided in a liquid nicotine container sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States to be packaged in accordance with the Consumer Product Safety Commission's (CPSC's) standards and testing procedures for special packaging that is difficult for children under five years of age to open or to obtain harmful contents from. The requirement must be treated as a standard for the special packaging of a household substance under the Poison Prevention Packaging Act of 1970. "Liquid nicotine container" is defined to: (1) include a package from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold soluble nicotine in any concentration; and (2) exclude a sealed, pre-filled, and disposable container of nicotine in a solution or other form in which such container is inserted directly into an electronic cigarette, electronic nicotine delivery system, or other similar product, if the nicotine in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children. The bill applies to any form of chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived. The Department of Health and Human Services (HHS) must consult with the CPSC if HHS maintains, enforces, imposes, or continues in effect any packaging requirement for liquid nicotine containers, including a child-resistant packaging requirement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Price Reporting and Disclosure Act of 2005''. SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following new section: ``data reporting by hospitals and ambulatory surgical centers and public posting ``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than 80 days after the end of each semiannual period beginning January 1 or July 1 (beginning more than one year after the date of the enactment of this section), a hospital and an ambulatory surgical center shall report to the Secretary the following data: ``(1) In the case of a hospital-- ``(A) the frequency with which the hospital performed each service selected under subparagraph (A) or (B) of subsection (c)(1) in an inpatient or outpatient setting, respectively, during such period; ``(B) the frequency with which the hospital administered a drug selected under subparagraph (D) of such subsection in an inpatient setting during such period; and ``(C) if the service was so performed or the drug was so administered during such period-- ``(i) the total number of times the service was so performed or the drug was so administered during such period; and ``(ii) the average and the median charge by the hospital for such service or drug during such period; and ``(2) In the case of an ambulatory surgical center-- ``(A) the frequency with which the center performed each service selected under subparagraph (C) of subsection (c)(1) during such period; and ``(B) if the service was so performed during such period-- ``(i) the total number of times the service was so performed during such period; and ``(ii) the average and the median charge by the center for such service during such period. ``(b) Public Availability of Data.-- ``(1) Public posting of data.--The Secretary shall promptly post, on the official public Internet site of the Department of Health and Human Services, the data reported under subsection (a). Such data shall be set forth in a manner that promotes charge comparison among hospitals and ambulatory surgical centers. ``(2) Notice of availability.--A hospital and an ambulatory surgical center shall prominently post at each admission site of the hospital or center a notice of the availability of the data reported under subsection (a) on the official public Internet site under paragraph (1). ``(c) Selection of Services and Drugs.--For purposes of this section: ``(1) Initial selection.--Based on national data, the Secretary shall select the following: ``(A) The 25 most frequently performed services in a hospital inpatient setting. ``(B) The 25 most frequently performed services in a hospital outpatient setting. ``(C) The 25 most frequently performed services in an ambulatory surgical center setting. ``(D) The 50 most frequently administered drugs in a hospital inpatient setting. ``(2) Updating selection.--The Secretary shall periodically update the services and drugs selected under paragraph (1). ``(d) Civil Money Penalty.--The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of subsection (a) or (b)(2) by a hospital or an ambulatory surgical center. The provisions of subsection (i)(2) of section 351A shall apply with respect to civil money penalties under this subsection in the same manner as such provisions apply to civil money penalties under subsection (i)(1) of such section. ``(e) Administrative Provisions.-- ``(1) In general.--The Secretary shall prescribe such regulations and issue such guidelines as may be required to carry out this section. ``(2) Classification of services.--The regulations and guidelines under paragraph (1) shall include rules on the classification of different services and the assignment of items and procedures to those services. ``(3) Rules.--The regulations and guidelines under paragraph (1) shall include rules regarding reporting of inpatient diagnostic related groups (DRGs), outpatient procedures and tests and classification of drugs. Classification of drugs may include unit, strength, and dosage information for reporting. ``(4) Computation of average and median charges.-- ``(A) In general.--The regulations and guidelines under paragraph (1) shall include a methodology for computing an average and median charge for a service or drug, in accordance with subparagraph (B). ``(B) Methodology.--The methodology prescribed by the Secretary under subparagraph (A) shall ensure that an average and median charge for a service reflects the amount charged before any adjustment based on a negotiated rate with a third party. ``(5) Form of report and notice.--The regulations and guidelines under paragraph (1) shall specify the electronic form and manner by which a hospital or an ambulatory surgical center shall report data under subsection (a) and the form for posting of notices under subsection (b)(2). ``(f) Rules of Construction.-- ``(1) Non-preemption of state laws.--Nothing in this section shall be construed as preempting or otherwise affecting any provision of State law relating to the disclosure of charges or other information for a hospital or an ambulatory surgical center. ``(2) Charges.--Nothing in this section shall be construed to regulate or set hospital or ambulatory surgical center charges. ``(g) Definitions.--In this section: ``(1) Hospital and ambulatory surgical center.--The terms `hospital' and `ambulatory surgical center' have the meaning given such terms by the Secretary. ``(2) Drug.--For purposes of this section, the term `drug' includes a biological and a non-prescription drug, such as an ointment.''.", "summary": "Hospital Price Reporting and Disclosure Act of 2005 - Amends the Public Health Service Act to require a hospital or ambulatory surgical center to: (1) report data to the Secretary of Health and Human Services regarding the frequency of performing certain services and administering certain drugs and the charge by the hospital or center for such services or drugs; and (2) prominently post such information at each admission site. Requires the Secretary to: (1) publicly post such information in a manner that promotes charge comparisons among hospitals and centers; and (2) select which services or drugs are to be reported based on how frequently each service is performed or each drug is administered. Allows the Secretary to impose a civil monetary penalty for violations of this Act."}
{"article": "SECTION 1. FINDINGS. The Congress finds as follows: (1) Raul Julia made his Broadway debut just a few weeks after arriving in New York City in 1964 in Calderon's ``Life is a Dream''. (2) Raul Julia, after only 3 years of living in New York City, was instrumental in opening doors for nontraditional parts for Hispanic actors by taking the role of Demetrius in Shakespeare's ``Titus Andronicus'' at the New York Shakespeare Festival and Cradeau in Sartre's ``No Exit''. (3) Raul Julia was the busiest Hispanic Shakespearean actor in New York and the first to establish a decades-long association with Joseph Papp and the New York Shakespeare Festival. (4) Raul Julia began an impressive and productive 28-year association with Joseph Papp and the New York Shakespeare Festival as Macduff in the Festival's Mobile Unit, Spanish language production of MacBeth. (5) Raul Julia became the first Puerto Rican actor to conquer Broadway stages by having his work be nominated for 4 different Tony Awards in 10 years: ``Two Gentlemen of Verona'', ``Where's Charley?'', ``Threepenny Opera'', and ``Nine''. (6) Raul Julia provided a role model for millions of children in his role as ``Rafael, the Fix-It Man'' in Sesame Street. (7) Raul Julia was a dedicated leader in the fight against the rising rates of teen violence and cosponsored scriptwriting competitions for high school students as a way to encourage teenagers to express their emotions through art rather than through violence. (8) Raul Julia's dedication to help Hispanic-American film and television writers develop their work led him to co-found the Latino Playwrights Reading Workshops. (9) Raul Julia was instrumental in the formation of the now legendary Puerto Rico Traveling Theater, an off-Broadway nonprofit Puerto Rican theater that to this day continues to promote and showcase bilingual plays, new Hispanic playwrights and Spanish-speaking actors while bringing theater to those who cannot ordinarily afford it. (10) Raul Julia was a leader in the entertainment industry, particularly as a tireless mentor and role model to emerging Latino actors. (11) Raul Julia was a dedicated activist and humanitarian who in his lifetime became a major supporter and spokesperson for the Hunger Project, a nonprofit organization committed to the eradication of world hunger. (12) Raul Julia was tireless in his commitment to the Puerto Rican film industry and to the making of Spanish language films and continued to participate in small, independent, Spanish-language films even after having become a Hollywood star. (13) Raul Julia was an extremely successful stage, film and television actor who never abandoned his Puerto Rican heritage, never changed his name and never gave up his accent, thereby becoming an enduring role model for hundreds of Latino actors. (14) Raul Julia received the Hispanic Heritage Award recognizing his many career achievements for the Latino community, including his involvement in ``La Familia'', a New York City outreach program for Latino families in need, the Puerto Rican traveling theater, the Museo del Barrio, and the New York Shakespeare Festival. (15) Raul Julia received the National Board of Review Best Actor prize for his interpretation of the political prisoner Valentin in the award-winning landmark film ``The Kiss of the Spider Woman'', an award he shared with his co-star William Hurt. (16) Raul Julia posthumously received the prestigious Emmy Award, Cable Ace Award, Golden Globe Award, and the SAG Award, given by his fellow actors for his most famous roles including Chico Mendes in ``The Burning Season''. (17) Raul Julia was proud of his Puerto Rican heritage and his life and work reflected his strong commitment to his culture and the people of Puerto Rico. (18) Raul Julia was given a state funeral in Puerto Rico and since that time there have been many awards and honors created in his name: a scholarship at Julliard, a scholarship given to a promising young actor for the purpose of studying and performing Shakespeare at the Joseph Papp Public Theater, the Raul Julia Award for Excellence given annually by the National Endowment for the Hispanic Arts in Washington, DC, El Teatro Raul Julia in San Juan Puerto Rico, and the Raul Julia Global Citizen Award, an annual award being given this year for the first time by the Puerto Rican Family Institute based in New York City. (19) Raul Julia was recognized by the office of the Mayor of the city of New York with the creation of Raul Julia Day which was celebrated and commemorated in conjunction with Puerto Rican Heritage and Culture Month on November 21, 1994. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design, to the family of the late Raul Julia, in recognition of his dedication to ending world hunger and his great contributions to the Latino community and to the performing arts. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Gifts and Donations.--The Secretary may accept, use, and disburse gifts or donations of property or money to carry out this section. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund. SEC. 6. TRANSFER OF ANY NET INCOME TO THE NEW YORK PUBLIC THEATER AND THE NEW YORK SHAKESPEARE FESTIVAL. If the sum of any gifts and donations received by the Secretary under section 2(c) and any proceeds from the sale of duplicate medals pursuant to section 3 exceeds the total amount of the costs incurred by the Secretary in carrying out this Act, the Secretary shall transfer, from the United States Mint Public Enterprise Fund, an amount equal to-- (1) 1/2 of such excess amount to the New York Public Theater; and (2) 1/2 of such excess amount to the New York Shakespeare Festival.", "summary": "Directs: (1) the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to the family of the late Raul Julia in recognition of his dedication to ending world hunger and his great contributions to the Latino community and the performing arts; and (2) the Secretary of the Treasury to transfer half of the amount by which the sum of any gifts and donations received and any proceeds from the sale of duplicate medals exceeds the costs incurred in carrying out this Act to the New York Public Theater and half to the New York Shakespeare Festival."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Junk Fax Prevention Act of 2004''. SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED ADVERTISEMENTS. (a) Prohibition.--Subparagraph (C) of section 227(b)(1) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read as follows: ``(C) to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement-- ``(i) to a person who has made a request to such sender that complies with the requirements under paragraph (2)(D), not to send future unsolicited advertisements to a telephone facsimile machine; or ``(ii) to a person not described in clause (i), unless-- ``(I) the sender has an established business relationship (which term, for purposes of this subclause, shall have the meaning given the term in section 64.1200 of the Commission's regulations, as in effect on January 1, 2003, except that such term shall apply to a business subscriber in the same manner in which it applies to a residential subscriber) with such person; and ``(II) the unsolicited advertisement contains a conspicuous notice on the first page of the unsolicited advertisement that-- ``(aa) states that the recipient may make a request to the sender of the unsolicited advertisement not to send any future unsolicited advertisements to such telephone facsimile machine and that failure to comply, within the shortest reasonable time, as determined by the Commission, with such a request meeting the requirements under paragraph (2)(D) is unlawful; ``(bb) sets forth the requirements for a request under paragraph (2)(D); and ``(cc) includes a domestic contact telephone and facsimile number for the recipient to transmit such a request to the sender, neither of which may be a number for a pay-per-call service (as such term is defined in section 228(i)); any number supplied shall permit an individual or business to make a do-not-fax request during regular business hours; or''. (b) Request to Opt-Out of Future Unsolicited Advertisements.-- Paragraph (2) of section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: ``(D) shall provide, by rule, that a request not to send future unsolicited advertisements to a telephone facsimile machine complies with the requirements under this subparagraph only if-- ``(i) the request identifies the telephone number of the telephone facsimile machine to which the request relates; ``(ii) the request is made to the telephone or facsimile number of the sender of such an unsolicited advertisement provided pursuant to paragraph (1)(C)(ii)(II)(cc) or by any other method of communication as determined by the Commission; and ``(iii) the person making the request has not, subsequent to such request, provided express invitation or permission to the sender, in writing or otherwise, to send such advertisements to such person at such telephone facsimile machine; and ``(E) may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, allow professional trade associations that are tax-exempt nonprofit organizations to send unsolicited advertisements to their members in furtherance of the association's tax-exempt purpose that do not contain the notice required by paragraph (1)(C)(ii)(II), except that the Commission may take action under this subparagraph only by regulation issued after notice and opportunity for public comment in accordance with section 553 of title 5, United States Code, and only if the Commission determines that such notice is not necessary to protect the right of the members of such trade associations to make a request to their trade associations not to send any future unsolicited advertisements.''. (c) Unsolicited Advertisement.--Paragraph (4) of section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)(4)) is amended by inserting ``, in writing or otherwise'' before the period at the end. (d) Regulations.--Not later than 270 days after the date of the enactment of this Act, the Federal Communications Commission shall issue regulations to implement the amendments made by this section. SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended by adding at the end the following new subsection: ``(g) Junk Fax Enforcement Report.--The Commission shall submit a report to the Congress for each year regarding the enforcement of the provisions of this section relating to sending of unsolicited advertisements to telephone facsimile machines, which shall include the following information: ``(1) The number of complaints received by the Commission during such year alleging that a consumer received an unsolicited advertisement via telephone facsimile machine in violation of the Commission's rules. ``(2) The number of such complaints received during the year on which the Commission has taken action. ``(3) The number of such complaints that remain pending at the end of the year. ``(4) The number of citations issued by the Commission pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines. ``(5) The number of notices of apparent liability issued by the Commission pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines. ``(6) For each such notice-- ``(A) the amount of the proposed forfeiture penalty involved; ``(B) the person to whom the notice was issued; ``(C) the length of time between the date on which the complaint was filed and the date on which the notice was issued; and ``(D) the status of the proceeding. ``(7) The number of final orders imposing forfeiture penalties issued pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines. ``(8) For each such forfeiture order-- ``(A) the amount of the penalty imposed by the order; ``(B) the person to whom the order was issued; ``(C) whether the forfeiture penalty has been paid; and ``(D) the amount paid. ``(9) For each case in which a person has failed to pay a forfeiture penalty imposed by such a final order, whether the Commission referred such matter to the Attorney General for recovery of the penalty. ``(10) For each case in which the Commission referred such an order to the Attorney General-- ``(A) the number of days from the date the Commission issued such order to the date of such referral; ``(B) whether the Attorney General has commenced an action to recover the penalty, and if so, the number of days from the date the Commission referred such order to the Attorney General to the date of such commencement; and ``(C) whether the recovery action resulted in collection of any amount, and if so, the amount collected.''. SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT. (a) In General.--The Comptroller General of the United States shall conduct a study regarding complaints received by the Federal Communications Commission concerning unsolicited advertisements sent to telephone facsimile machines, which shall determine-- (1) the number and nature of such complaints; (2) the number of such complaints that result in final agency actions by the Commission; (3) the length of time taken by the Commission in responding to such complaints; (4) the mechanisms established by the Commission to receive, investigate, and respond to such complaints; (5) the level of enforcement success achieved by the Commission and the Attorney General regarding such complaints; (6) whether complainants to the Commission are adequately informed by the Commission of the responses to their complaints; and (7) whether additional enforcement measures are necessary to protect consumers, including recommendations regarding such additional enforcement measures. (b) Additional Enforcement Remedies.--In conducting the analysis and making the recommendations required under paragraph (7) of subsection (a), the Comptroller General shall specifically examine-- (1) the adequacy of existing statutory enforcement actions available to the Commission; (2) the adequacy of existing statutory enforcement actions and remedies available to consumers; (3) the impact of existing statutory enforcement remedies on senders of facsimiles; (4) whether increasing the amount of financial penalties is warranted to achieve greater deterrent effect; and (5) whether establishing penalties and enforcement actions for repeat violators or abusive violations similar to those established by section 4 of the CAN-SPAM Act of 2003 (15 U.S.C. 7703) would have a greater deterrent effect. (c) Report.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit a report on the results of the study under this section to Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.", "summary": "Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person; and (2) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request. Requires the Federal Communications Commission (FCC) to provide by rule that a request not to send unsolicited advertisements complies with legal requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes. Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Just and Lasting Peace in Sudan Act of 2008''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Government of sudan.--The term ``Government of Sudan'' means Sudan's Government of National Unity. Such term does not include the Government of Southern Sudan (GOSS). (3) SPLM.--The term ``SPLM'' means the Sudan People's Liberation Movement. SEC. 3. FINDINGS. Congress finds the following: (1) The United States Government rightfully declared the atrocities in the Darfur region of Sudan to be genocide. More than 450,000 people have been killed and an estimated 2,500,000 people have been displaced since the crisis erupted in 2003. (2) The Government of Sudan continues to commit atrocities against innocent civilians in Darfur. According to a March 25, 2008, report by the United Nations Secretary-General, ``increased hostilities in Western Darfur over the reporting period have led to significant displacement and loss of civilian life, while also inhibiting humanitarian access to civilian populations affected by the fighting''. (3) In October 2007, the Government of Southern Sudan suspended the participation of its ministers, state ministers, and presidential advisors from Sudan's Government of National Unity to protest measures taken by the National Congress Party and to demand full implementation of the Comprehensive Peace Agreement (CPA). (4) Implementation of the CPA by the Government of National Unity has been selective and at times deliberately slow. The Government of Sudan has not yet implemented the Abyei Boundary Commission (ABC) recommendations. The ABC was mandated to ``define and demarcate'' the area known as the 9 Ngok Dinka Chiefdoms transferred in 1905 to Kordofan in North Sudan. (5) The ABC was chaired by former United States Ambassador to Sudan Donald Peterson, with active international engagement. In July 2005, the ABC submitted its final report to the Sudan's presidency. According to the CPA, ``upon presentation of the final report, the Presidency shall take necessary action to put the special administration status of Abyei Area into immediate effect''. (6) According to a September 2007 report by the United Nations Secretary-General, the lack of administration in Abyei has hampered CPA activities and left gaps in policing, public sanitation, and health services. Continued intransigence on this issue is likely to lead to war. (7) The Government of Sudan is well known to signing peace agreements and make commitments but has consistently failed to honor these agreements. (8) Efforts to hold individuals accountable for the genocide in Darfur have not been successful in large part because the Government of Sudan refuses to cooperate with the International Criminal Court (ICC) and protects indicted individuals by the ICC. (9) In April 2008, Special Envoy Richard Williamson and a Government of Sudan delegation led by Nafi Ali Nafi, a man responsible for many of Sudan's international terror links and domestic atrocities, met in Rome to discuss normalization of relations between Sudan and the United States. (10) Nafi Ali Nafi was the security chief when Sudan gave safe haven to Osama bin Laden in the 1990s, a period when Bin Laden began to build his terror network. Nafi was also a key player in support of Gama'a Islamia, a group that tried to assassinate Egyptian President Hosni Mubarak. The weapons used in the assassination attempt were reportedly flown by Sudan Airways, and after the failed attempt, one of the assassins was flown to Sudan on Sudan Airways. SEC. 4. CODIFICATION OF EXISTING SANCTIONS IN SUPPORT OF A JUST AND LASTING PEACE IN SUDAN. (a) In General.--Sanctions against the Government of Sudan that were imposed pursuant to any provision of law, as in effect on the date of the enactment of this Act, including sanctions against the Government of Sudan that were imposed pursuant to any executive order or other administrative action, shall remain in effect against the Government of Sudan and shall not be lifted pursuant to such provisions of law until the President certifies to the appropriate congressional committees that the Government of Sudan has met the conditions described in subsection (b) for a period of not less than one year. (b) Conditions Described.--The conditions referred to in subsection (a) are the following: (1) The Government of Sudan fully implements the Comprehensive Peace Agreement (CPA) and the Darfur Peace Agreement (DPA). (2) The Abyei Boundary Commission (ABC) recommendations are implemented and oil revenue shares are paid retroactively. (3) The Government of Sudan hands over to the International Criminal Court (ICC) all indicted individuals without any delay. (4) The Government of Sudan ends its atrocities against innocent civilians in Darfur and other parts of Sudan. (5) The Government of Sudan allows the deployment of the United Nations African Union Mission in Darfur (UNAMID) forces and allows unhindered access to humanitarian workers. (6) The Government of Sudan ends its ties with known terrorist organizations and individuals. (7) Senior officials in the Government of Sudan are held accountable for crimes committed in the Nuba, South Sudan, Southern Blue Nile, and Eastern Sudan. (8) Senior officials in the Government of Sudan are held accountable for their support for Osama bin Laden and other terrorist groups. (c) Monitoring Mechanism.--The President of the United States shall establish a mechanism to monitor and ensure that the Government of Sudan is meeting the conditions described in subsection (b). (d) Sense of Congress.--It is the sense of Congress that the United States Government should not normalize relations with the Government of Sudan until the conditions described in subsection (b) have been implemented for a period of not less than one year as described in subsection (a).", "summary": "Just and Lasting Peace in Sudan Act of 2008 - Prohibits sanctions imposed against the government of Sudan from being lifted until the President certifies to the appropriate congressional committees that the following conditions have been met for at least one year: (1) the government of Sudan (government) implements the Comprehensive Peace Agreement and the Darfur Peace Agreement; (2) the Abyei Boundary Commission recommendations are implemented and oil revenue shares are paid retroactively; (3) the government hands over to the International Criminal Court (ICC) all indicted individuals; (4) the government ends its atrocities against innocent civilians in Darfur and other parts of Sudan; (5) the government allows the deployment of United Nations African Union Mission in Darfur forces and allows unhindered access to humanitarian workers; (6) the government ends its terrorist ties; and (7) senior government officials are held accountable for crimes committed in the Nuba, South Sudan, Southern Blue Nile, and Eastern Sudan, and for their support for Osama bin Laden and other terrorist groups. Expresses the sense of Congress that the U.S. government should not normalize relations with Sudan until such conditions have been implemented for at least one year."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Eliminating Improper and Abusive IRS Audits Act of 2014''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Civil damages allowed for reckless or intentional disregard of internal revenue laws. Sec. 3. Modifications relating to certain offenses by officers and employees in connection with revenue laws. Sec. 4. Modifications relating to civil damages for unauthorized inspection or disclosure of returns and return information. Sec. 5. Extension of time for contesting IRS levy. Sec. 6. Increase in monetary penalties for certain unauthorized disclosures of information. Sec. 7. Ban on raising new issues on appeal. Sec. 8. Limitation on enforcement of liens against principal residences. Sec. 9. Additional provisions relating to mandatory termination for misconduct. Sec. 10. Extension of declaratory judgment procedures to social welfare organizations. Sec. 11. Review by the Treasury Inspector General for Tax Administration. SEC. 2. CIVIL DAMAGES ALLOWED FOR RECKLESS OR INTENTIONAL DISREGARD OF INTERNAL REVENUE LAWS. (a) Increase in Amount of Damages.--Section 7433(b) of the Internal Revenue Code of 1986 is amended by striking ``$1,000,000 ($100,000, in the case of negligence)'' and inserting ``$3,000,000 ($300,000, in the case of negligence)''. (b) Extension of Time To Bring Action.--Section 7433(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``2 years'' and inserting ``5 years''. (c) Effective Date.--The amendments made by this section shall apply to actions of employees of the Internal Revenue Service after the date of the enactment of this Act. SEC. 3. MODIFICATIONS RELATING TO CERTAIN OFFENSES BY OFFICERS AND EMPLOYEES IN CONNECTION WITH REVENUE LAWS. (a) Increase in Penalty.--Section 7214 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$10,000'' in subsection (a) and inserting ``$25,000'', and (2) by striking ``$5,000'' in subsection (b) and inserting ``$10,000''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 4. MODIFICATIONS RELATING TO CIVIL DAMAGES FOR UNAUTHORIZED INSPECTION OR DISCLOSURE OF RETURNS AND RETURN INFORMATION. (a) Increase in Amount of Damages.--Subparagraph (A) of section 7431(c)(1) of the Internal Revenue Code of 1986 is amended by striking ``$1,000'' and inserting ``$10,000''. (b) Effective Date.--The amendment made by this section shall apply to inspections and disclosure occurring on and after the date of the enactment of this Act. SEC. 5. EXTENSION OF TIME FOR CONTESTING IRS LEVY. (a) Extension of Time for Return of Property Subject to Levy.-- Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is amended by striking ``9 months'' and inserting ``3 years''. (b) Period of Limitation on Suits.--Subsection (c) of section 6532 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1) by striking ``9 months'' and inserting ``3 years'', and (2) in paragraph (2) by striking ``9-month'' and inserting ``3-year''. (c) Effective Date.--The amendments made by this section shall apply to-- (1) levies made after the date of the enactment of this Act, and (2) levies made on or before such date if the 9-month period has not expired under section 6343(b) of the Internal Revenue Code of 1986 (without regard to this section) as of such date. SEC. 6. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED DISCLOSURES OF INFORMATION. (a) In General.--Paragraphs (1), (2), (3), and (4) of section 7213(a) of the Internal Revenue Code of 1986 are each amended by striking ``$5,000'' and inserting ``$10,000''. (b) Effective Date.--The amendments made by this section shall apply to disclosures made after the date of the enactment of this Act. SEC. 7. BAN ON RAISING NEW ISSUES ON APPEAL. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES IN AN INTERNAL APPEAL. ``(a) In General.--In reviewing an appeal of any determination initially made by the Internal Revenue Service, the Internal Revenue Service Office of Appeals may not consider or decide any issue that is not within the scope of the initial determination. ``(b) Certain Issues Deemed Outside of Scope of Determination.--For purposes of subsection (a), the following matters shall be considered to be not within the scope of a determination: ``(1) Any issue that was not raised in a notice of deficiency or an examiner's report which is the subject of the appeal. ``(2) Any deficiency in tax which was not included in the initial determination. ``(3) Any theory or justification for a tax deficiency which was not considered in the initial determination. ``(c) No Inference With Respect to Issues Raised by Taxpayers.-- Nothing in this section shall be construed to provide any limitation in addition to any limitations in effect on the date of the enactment of this section on the right of a taxpayer to raise an issue, theory, or justification on an appeal from a determination initially made by the Internal Revenue Service that was not within the scope of the initial determination.''. (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Prohibition on Internal Revenue Service raising new issues in an internal appeal.''. (c) Effective Date.--The amendments made by this section shall apply to matters filed or pending with the Internal Revenue Service Office of Appeals on or after the date of the enactment of this Act. SEC. 8. LIMITATION ON ENFORCEMENT OF LIENS AGAINST PRINCIPAL RESIDENCES. (a) In General.--Section 7403(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``In any case'' and inserting the following: ``(1) In general.--In any case'', and (2) by adding at the end the following new paragraph: ``(2) Limitation with respect to principal residence.-- ``(A) In general.--Paragraph (1) shall not apply to any property used as the principal residence of the taxpayer (within the meaning of section 121) unless the Secretary of the Treasury makes a written determination that-- ``(i) all other property of the taxpayer, if sold, is insufficient to pay the tax or discharge the liability, and ``(ii) such action will not create an economic hardship for the taxpayer. ``(B) Delegation.--For purposes of this paragraph, the Secretary of the Treasury may not delegate any responsibilities under subparagraph (A) to any person other than-- ``(i) the Commissioner of Internal Revenue, or ``(ii) a district director or assistant district director of the Internal Revenue Service.''. (b) Effective Date.--The amendments made by this section shall apply to actions filed after the date of the enactment of this Act. SEC. 9. ADDITIONAL PROVISIONS RELATING TO MANDATORY TERMINATION FOR MISCONDUCT. (a) Termination of Unemployment for Inappropriate Review of Tax- Exempt Status.--Section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``; and'', and by adding at the end the following new paragraph: ``(11) in the case of any review of an application for tax- exempt status by an organization described in section 501(c) of the Internal Revenue Code of 1986, developing or using any methodology that applies disproportionate scrutiny to any applicant based on the ideology expressed in the name or purpose of the organization.''. (b) Mandatory Unpaid Administrative Leave for Misconduct.-- Paragraph (1) of Section 1203(c) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by adding at the end the following new sentence: ``Notwithstanding the preceding sentence, if the Commissioner of Internal Revenue takes a personnel action other than termination for an act or omission described in subsection (b), the Commissioner shall place the employee on unpaid administrative leave for a period of not less than 30 days.''. (c) Limitation on Alternative Punishment.--Paragraph (1) of section 1203(c) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by striking ``The Commissioner'' and inserting ``Except in the case of an act or omission described in subsection (b)(3)(A), the Commissioner''. SEC. 10. EXTENSION OF DECLARATORY JUDGMENT PROCEDURES TO SOCIAL WELFARE ORGANIZATIONS. (a) In General.--Section 7428(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C) and by adding at the end the following new subparagraph: ``(E) with respect to the initial classification or continuing classification of an organization described in section 501(c)(4) which is exempt from tax under section 501(a), or''. (b) Effective Date.--The amendments made by this section shall apply with respect to pleading filed after the date of the enactment of this Act. SEC. 11. REVIEW BY THE TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION. (a) Review.--Subsection (k)(1) of section 8D of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) shall-- ``(i) review any criteria employed by the Internal Revenue Service to select tax returns (including applications for recognition of tax- exempt status) for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review in order to determine whether the criteria discriminates against taxpayers on the basis of race, religion, or political ideology; and ``(ii) consult with the Internal Revenue Service on recommended amendments to such criteria in order to eliminate any discrimination identified pursuant to the review described in clause (i); and''; and (4) in subparagraph (E), as so redesignated, by striking ``and (C)'' and inserting ``(C), and (D)''. (b) Semiannual Report.--Subsection (g) of such section is amended by adding at the end the following new paragraph: ``(3) Any semiannual report made by the Treasury Inspector General for Tax Administration that is required pursuant to section 5(a) shall include-- ``(A) a statement affirming that the Treasury Inspector General for Tax Administration has reviewed the criteria described in subsection (k)(1)(D) and consulted with the Internal Revenue Service regarding such criteria; and ``(B) a description and explanation of any such criteria that was identified as discriminatory by the Treasury Inspector General for Tax Administration.''.", "summary": "Eliminating Improper and Abusive IRS Audits Act of 2014 - Amends the Internal Revenue Code to: (1) increase the maximum amount of civil damages for which Internal Revenue Service (IRS) officers or employees shall be liable for reckless, intentional, or negligent disregard of internal revenue laws and extend the period for bringing a claim for such damages; (2) increase the penalties against federal officers and employees for violations of internal revenue laws and for unauthorized inspection or disclosure of tax returns and return information; (3) extend the period in which taxpayer property that has been wrongfully levied upon may be returned and the period for bringing suit for a wrongful tax levy; (4) increase civil fines for unauthorized disclosures of tax return information; (5) prohibit the consideration by the IRS Office of Appeal on appeal of any issue that was not within the scope of the initial determination; (6) prohibit a tax lien against a taxpayer's principal residence unless a written determination is made that all other property of the taxpayer, if sold, is insufficient to pay the tax liability and the lien will not create an economic hardship for the taxpayer; (7) require the termination of an IRS employee for disproportionate scrutiny of an organization applying for tax-exempt status based on the ideology expressed in the name or purpose of the organization; (8) allow a declaratory judgment with respect to the initial or continuing classification of a tax-exempt social welfare organization; and (9) require the Inspector General for Tax Administration of the Department of the Treasury to review any IRS criteria for selection of tax returns for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review to determine whether such criteria discriminates against taxpayers on the basis of race, religion, or political ideology and to consult with the IRS on recommended amendments to such criteria."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Innovation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Advanced fission reactor.--The term ``advanced fission reactor'' means a nuclear fission reactor with significant improvements over the most recent generation of nuclear reactors, which may include inherent safety features, lower waste yields, greater fuel utilization, superior reliability, resistance to proliferation, and increased thermal efficiency. (2) Department.--The term ``Department'' means the Department of Energy. (3) National laboratories.--The term ``National Laboratories'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH. (a) Modeling and Simulation.--The Secretary shall carry out a program to enhance the Nation's capabilities to develop new reactor technologies through high-performance computation modeling and simulation techniques. This program shall coordinate with relevant Federal agencies through the National Strategic Computing Initiative created under Executive Order 13702 (July 29, 2015) while taking into account the following objectives: (1) Utilizing expertise from the private sector, universities, and National Laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced fission reactor systems, nuclear fusion systems, and reactor systems for space exploration. (2) Developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation. (3) Increasing the utility of the Department's research infrastructure by coordinating with the Advanced Scientific Computing Research program within the Office of Science. (4) Leveraging experience from the Energy Innovation Hub for Modeling and Simulation. (5) Ensuring that new experimental and computational tools are accessible to relevant research communities. (b) Supportive Research Activities.--The Secretary shall consider support for additional research activities to maximize the utility of its research facilities, including physical processes to simulate degradation of materials and behavior of fuel forms and for validation of computational tools. SEC. 4. ENABLING NUCLEAR ENERGY INNOVATION. (a) National Reactor Innovation Center.--The Secretary shall carry out a program to enable the testing and demonstration of reactor concepts to be proposed and funded by the private sector. The Secretary shall leverage the technical expertise of relevant Federal agencies and National Laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at National Laboratories or other Department-owned sites while ensuring reasonable safety for persons working within these sites. Such reactors shall operate to meet the following objectives: (1) Enabling physical validation of novel reactor concepts. (2) Resolving technical uncertainty and increasing practical knowledge relevant to safety, resilience, security, and functionality of first-of-a-kind reactor concepts. (3) General research and development to improve nascent technologies. (b) Reporting Requirement.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report assessing the Department's capabilities to authorize, host, and oversee privately funded fusion and advanced fission experimental reactors as described under subsection (a). The report shall address the following: (1) The Department's safety review and oversight capabilities, including options to leverage expertise from the Nuclear Regulatory Commission and National Laboratories. (2) Potential sites capable of hosting activities described under subsection (a). (3) The efficacy of the Department's available contractual mechanisms to partner with the private sector and Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology. (4) Potential cost structures related to physical security, decommissioning, liability, and other long term project costs. (5) Other challenges or considerations identified by the Secretary.", "summary": "Nuclear Innovation Act This bill directs the Department of Energy (DOE) to carry out a program for enhancing the U.S. capability to develop new reactor technologies through high-performance computation modeling and simulation techniques. Such program shall coordinate with relevant federal agencies through the National Strategic Computing Initiative while taking into account specified objectives. DOE shall also carry out a program to: enable the testing and demonstration of reactor concepts proposed and funded by the private sector, and leverage the technical expertise of relevant federal agencies and national laboratories to minimize the time required to enable construction and operation of privately funded experimental reactors at national laboratories or other DOE-owned sites. These reactors shall operate to: enable physical validation of novel reactor concepts; resolve technical uncertainty and increase practical knowledge relevant to safety, resilience, security, and functionality of first-of-a-kind reactor concepts; and generate research and development to improve nascent technologies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Coastal Land Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the approximately 14,804 acres of Federal land, as generally depicted on the map entitled ``Oregon Coastal Land Conveyance'', and dated March 27, 2013. (2) Planning area.--The term ``planning area'' means land-- (A) administered by the Director of the Bureau of Land Management; and (B) located in-- (i) the Coos Bay District; (ii) the Eugene District; (iii) the Medford District; (iv) the Roseburg District; (v) the Salem District; and (vi) the Klamath Falls Resource Area of the Lakeview District. (3) Definition of public domain land.-- (A) In general.--In this subsection, the term ``public domain land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (B) Exclusion.--The term ``public domain land'' does not include any land managed in accordance with the Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. SEC. 3. CONVEYANCE. (a) In General.--Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal land, including oil and gas, shall be-- (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). SEC. 4. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and Effect.--The map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public Availability.--The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. SEC. 5. ADMINISTRATION. (a) In General.--Unless expressly provided in this Act, nothing in this Act affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions.-- (1) Exports of unprocessed logs.--Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land. (2) Non-permissible use of land.--Any real property taken into trust under section 3 shall not be eligible, or used, for any gaming activity carried out under Public Law 100-497 (25 U.S.C. 2701 et seq.). SEC. 6. FOREST MANAGEMENT. Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws. SEC. 7. LAND RECLASSIFICATION. (a) Identification of Oregon and California Railroad Land.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any land owned by the Oregon and California Railroad that is conveyed under section 3. (b) Identification of Public Domain Land.--Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land that-- (1) is approximately equal in acreage and condition as the land identified under subsection (a); and (2) is located within the planning area. (c) Maps.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification.-- (1) In general.--After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as land owned by the Oregon and California Railroad. (2) Applicability.--The Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to land reclassified as land owned by the Oregon and California Railroad under paragraph (1)(B).", "summary": "Oregon Coastal Land Conveyance Act - Holds in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians all right, title, and interest of the United States in and to approximately 14,804 acres of federal land generally depicted on the map entitled "Oregon Coastal Land Conveyance," dated March 27, 2013. Makes that land part of the Tribes' reservation. Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs that are harvested from the federal land conveyed to the Tribes. Prohibits gaming on those lands. Directs the Secretary of the Interior to convey to the Oregon and California Railroad public domain land that is located within a specified planning area and is approximately equal in acreage and condition to Railroad land that this Act conveys to the Tribes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Deployment and Competition Enhancement Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) In 2001, some broadband service providers are pervasively regulated, and some offering functionally equivalent services are not significantly regulated. (2) Common carrier regulation is being extended inappropriately to new broadband services being deployed by incumbent local exchange carriers, while no regulation is applied to new broadband services being deployed by local cable television companies. (3) There should be deregulatory parity in the provision of broadband services. (4) Broadband services and broadband service providers should be subject to little or no regulation, as there are no monopoly providers of such services and regulation of a nascent service inhibits the development of a competitive market. (5) Facilities used to provide broadband services, such as packet switching, are widely available in the market place and should therefore not be considered a network element, which common carriers must make available to other providers. Access should continue for essential facilities. (6) It is important for the economic development of the United States that all areas of the country receive the benefits of access to high speed Internet and the deployment of broadband services. (7) Common carrier regulation will not induce the deployment of broadband services, but will retard it. (8) Both Federal and State regulatory agencies have followed a regulatory scheme with respect to broadband services, and this pattern must be reversed. (b) Purposes.--The purposes of this Act are as follows: (1) To accelerate the deployment of broadband services to all parts of the United States. (2) To achieve deregulatory parity among providers of broadband services. (3) To reduce regulation of broadband services by the Federal Government and the States. SEC. 3. DEPLOYMENT OF BROADBAND SERVICES. (a) In General.--Part II of title II of the Communications Act of 1934 (47 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 262. DEPLOYMENT OF BROADBAND SERVICES. ``(a) Opt-In.--This section applies to an incumbent local exchange carrier only if the local exchange carrier provides written notice to the Commission of its decision to comply with the provisions of this section. ``(b) Next Generation Broadband Deployment.-- ``(1) In general.--An incumbent local exchange carrier shall not be subject to the requirements of section 251(c) with respect to any optical fiber facility, or any technology of like functionality, in the local exchange carrier's network that is used to provide service to residential customers; and ``(A) that is or was-- ``(i) deployed where no outside telephone distribution plant previously existed; or ``(ii) deployed from any structure or premise to a customer premises; and ``(B) if the facility is capable of providing advanced service. ``(2) Rights of way.--Any provider of facilities referred to in paragraph (1) shall have the duty to coordinate and cooperate with other local exchange carriers to provide access to rights of way consistent with section 251(b)(4). ``(3) Access to existing copper loop.--Nothing in this subsection shall preclude the Commission or a State from requiring that an incumbent local exchange carrier provide an existing copper loop to another local exchange carrier upon request. ``(c) Competition Enhancement.-- ``(1) In general.--Notwithstanding section 2(b), or any other provision of law, an incumbent local exchange carrier shall not be subject to the requirements of-- ``(A) section 251(c), except as provided in paragraph (2) of this subsection, with respect to its packet switching capability, or any successor technology; or ``(B) section 251(c) with respect to the resale of advanced service or high-speed Internet access service. ``(2) Collocation.-- ``(A) In general.--An incumbent local exchange carrier has the duty to provide collocation at its central offices in accordance with the rules of the Commission established in accordance with section 251(c)(6) for equipment to be used in the provision of advanced service. ``(B) Remote terminal.--Neither the Commission nor a State may require collocation for equipment for the provision of advanced service inside a remote terminal where no space for collocation of such equipment is available. Collocation of advanced service equipment in the remote terminal shall not include collocation inside or within any equipment, components, or facilities located inside the remote terminal. ``(d) Build-Out Requirement.-- ``(1) In general.--Except as provided in paragraph (3), an incumbent local exchange carrier or affiliate shall be capable of providing advanced service to all of its local exchange service customers in a State not later than 5 years after the date of enactment of the Broadband Deployment and Competition Enhancement Act of 2001, thereafter within 30 days of a bona fide request by any such local exchange service customer. ``(2) Means of addressing requirement.--An incumbent local exchange carrier or affiliate may use any technology, service, or combination of services to meet the requirement in paragraph (1). ``(3) Exemption.--An incumbent local exchange carrier or affiliate is exempt from the requirement in paragraph (1) if the provision of advanced service to a customer is not both technically and economically feasible. ``(e) Pricing Flexibility for Retail Advanced Service.-- ``(1) Inapplicability of governmental regulation.--The rates, terms, and conditions of retail advanced service offered by an incumbent local exchange carrier or its affiliates to subscribers are not subject to Federal, State, or local regulation. ``(2) Construction.--Nothing in this subsection shall be construed to affect the obligations of a Bell operating company under section 272(c). ``(f) Enforcement.-- ``(1) Failure to build-out.--If an incumbent local exchange carrier cannot comply with subsection (d)(1) as of the date specified in that subsection, subsections (c) and (e) shall no longer apply to such carrier as of that date. ``(2) Noncompliance with loop provisioning and collocation rules.-- ``(A) In general.--Except as provided in paragraph (3), subsections (c) and (e) shall cease to apply to an incumbent local exchange carrier as of the date on which a State makes a final and nonappealable determination, based on clear and convincing evidence and in response to a complaint filed by another local exchange carrier, that-- ``(i) the incumbent local exchange carrier has willfully and materially failed to comply with the rules of the Commission with respect to collocation or loop provisioning; and ``(ii) such failure has caused material harm to the complaining carrier's ability to compete. ``(B) Burden of proof.--The burden of proof in a complaint under subparagraph (A) shall be on the complainant. ``(3) Reinstatement.-- ``(A) In general.--An incumbent local exchange carrier to which subsections (c) and (e) have ceased to apply because of a determination by a State under paragraph (2) may petition the State for a reinstatement of the application of subsections (c) and (e) to such carrier. ``(B) Determination.--If a State that makes a determination described in paragraph (2) subsequently makes a final determination that the carrier concerned has complied fully with the rule with which the carrier was found, under paragraph (2), not to have complied, the application of subsections (c) and (e) to the carrier shall be reinstated as of the date of that subsequent final determination. ``(C) Failure of state to act within 90 days.--For purposes of subparagraph (B), a State that fails to make a determination on a petition filed under subparagraph (A) within 90 days of the date of the filing of the petition shall be deemed to have made a determination that the carrier concerned is in full compliance with the rules of the Commission with respect to collocation or loop provisioning. ``(g) Definitions.--In this section: ``(1) Incumbent local exchange carrier.--The term `incumbent local exchange carrier' has the meaning given that term in section 251(h). ``(2) Customer premises.--The term `customer premises' means a customer's physical property and any adjacent easements. ``(3) Packet switching capability.--The term `packet switching capability' has the meaning given that term in section 51.319(c)(4) of title 47, Code of Federal Regulation, as that section is in effect as of June 1, 2001. ``(4) Remote terminal.--The term `remote terminal' means a point in a local exchange carrier's network, not including a central office, where the electronic capability to provide advanced service is deployed. ``(5) Advanced service.--The terms `advanced service' and `high-speed Internet access service' mean any service or combination of services that consists of, or includes, the offering of a capability to transmit information using a packet switched or successor technology downstream from a provider to a consumer at a generally rated speed of 364 or kilobits per second or higher.''. SEC. 4. AMENDMENT. Section 251(c)(3) of the Communications Act of 1934 (47 U.S.C. 251(c)(3)) is amended by adding at the end the following: ``An incumbent local exchange carrier shall not be required to convert to a network element or combination of network elements any special access circuit being provided on June 1, 2001.''. SEC. 5. REGULATORY PARITY. (a) Identification of Disparate Regulatory Treatment of Advanced Service.--Not later than 6 months after the date of the enactment of this Act, the Federal Communications Commission shall identify in its regulations any requirements or obligations that result in different or disparate treatment among various types of providers of advanced service and high-speed Internet access service or among different technologies used to provide such service. (b) Termination of Applicability.--Not later than one year after the date of the enactment of this Act, the Commission shall modify its regulations in order to eliminate each difference and disparity in treatment identified under subsection (a) unless the Commission determines that such difference or disparity in treatment should continue to apply in the public interest. (c) Biennial Review.--In every biennial review conducted pursuant to section 11 of the Communications Act of 1934 (47 U.S.C. Sec. 161), the Commission shall-- (1) make a determination as to whether or not a difference or disparity in treatment, if any, that continues to apply under subsection (b), or under this subsection after subsequent review under this subsection, should continue to apply in the public interest; and (2) if the Commission determines that such difference or disparity in treatment should not continue to apply in the public interest, modify its regulations in order to eliminate such difference or disparity in treatment. (d) Advanced Service Defined.--In this section, the terms ``advanced service'' and ``high-speed Internet access service'' have the meanings given those terms in section 262(h)(4) of the Communications Act of 1934, as added by section 2 of this Act.", "summary": "Broadband Deployment and Competition Enhancement Act of 2001 - Amends the Communications Act of 1934 to prohibit subjecting an incumbent local exchange carrier (carrier) to common carrier regulation with respect to any optical fiber facility, or any technology of a similar facility, in the carrier's network that is used to provide service to residential customers and that is or was deployed where no outside telephone distribution plant previously existed, or from any structure or premise to a customer premise, if the facility is capable of providing advance service. Prohibits subjecting such a carrier to such regulation with respect to packet switching or successor technology or the resale of advanced service or high-speed Internet access service. Requires such carrier to provide: (1) collocation in its central offices with respect to equipment used in the provision of advanced service; and (2) advanced service to all of its customers in a State within five years after the enactment of this Act, making carriers that do not so comply subject to common carrier regulation thereafter.Prohibits requiring such a carrier to convert to a network element or combination of network elements any special access circuit being provided on June 1, 2001.Requires the Federal Communications Commission to identify in its regulations any requirements or obligations that result in different or disparate treatment among various types of providers of advanced service and high-speed Internet access service, or among different technologies used to provide such service."}
{"article": "SECTION 1. FLEXIBILITY FOR SCHOOLS. The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.) is amended-- (1) by redesignating sections 8001 through 8005 as 10001 through 10005; and (2) by inserting after title VII the following: ``TITLE VIII--FLEXIBILITY TO IMPROVE EDUCATIONAL ACHIEVEMENT ``SEC. 8001. PURPOSE. ``It is the purpose of this title to allow States, local educational agencies, and schools the flexibility to use and combine Federal, State, and local funds as part of systemic educational reform plans to improve the educational achievement of elementary and secondary school students by waiving certain statutory and regulatory requirements. ``SEC. 8002. PROGRAM AUTHORIZED. ``(a) Education Programs.--The Secretary of Education is authorized to waive certain statutory and regulatory requirements (except as provided in section 8004) for States that can demonstrate that such waivers are part of a systemwide education reform plan and where such States and local educational agencies have implemented similar waiver plans. ``(b) Additional Programs.--Waivers may also be requested for requirements regarding the following programs: ``(1) The Head Start Act. ``(2) The Runaway and Homeless Youth Act. ``(3) The Juvenile Justice and Delinquency Prevention Act. ``(4) The National School Lunch Act. ``(5) The School Breakfast Program. ``(6) The Child and Adult Care Food Program. ``(7) The Special School Milk Program. ``(8) The Summer Food Service Program. ``(9) The Community Services Block Grant Program. ``If such waivers are requested, the Secretary shall consult with the heads of other appropriate Federal agencies, if any, in determining whether to approve a project. The Secretary shall obtain the approval of such agency head as part of final approval of such project. ``SEC. 8003. APPLICATIONS. ``(a) General Requirements.--A school, local educational agency, or State that desires to receive a waiver under this title shall-- ``(1) indicate which requirements are to be waived and how waiving such requirements is an integral part of the systemic reform plan and will improve educational achievement among students; ``(2) identify the Federal programs to be included in the project; ``(3) indicate which State and local requirements shall be waived; ``(4) describe specific, measurable educational improvement goals and expected outcomes; ``(5) describe methods to be used to measure progress toward meeting such goals; ``(6) describe the student population at proposed schools, including-- ``(A) current data regarding the achievement levels of students, particularly disadvantaged students; ``(B) the number of students who-- ``(i) are of limited English proficiency, as defined in section 7003(a)(1) of the Bilingual Education Act; ``(ii) are children with disabilities, as defined in section 602(a)(1) of the Individuals with Disabilities Act; ``(iii) are currently or within the past 5 years were migratory; ``(iv) are educationally deprived for the purposes of chapter 1 of title I of this Act; and ``(v) are eligible for a free or reduced- price lunch. ``(b) Additional Requirements.--The Secretary of Education may include additional requirements as may reasonably be required. ``(c) Individual School Applications.--A local school that desires to receive a waiver under this title shall submit an application to the local education agency, which shall submit such application to the State education agency. ``(d) Local Applications.--(1) A local educational agency that desires to receive a waiver under this title shall submit an application to the State educational agency. ``(2) A State educational agency that approves an application submitted by a local education agency shall forward such application to the Secretary of Education for consideration, unless such application requires waivers for programs other than education programs. ``(3) An application that requests a waiver for a program other than an education program shall be submitted to the chief executive of the State and such executive shall forward such application to the Secretary. ``(e) State Applications.--(1) A State educational agency that desires to receive a waiver under this title shall submit an application to the Secretary for consideration, unless such application requires waivers for other than education programs. ``(2) Such application shall be submitted to the chief executive of the State for review before forwarding such application to the Secretary. ``SEC. 8004. WAIVER RESTRICTIONS. ``Requirements which shall not be waived include-- ``(1) requirements governing fund allocations; ``(2) requirements governing privacy of pupil records; ``(3) requirements under title VI of the Civil Rights Act of 1964; ``(4) provisions of section 504 of the Rehabilitation Act of 1973; ``(5) provisions of title II of the Americans with Disabilities Education Act; ``(6) requirements of title IX of the Education Amendments of 1972; ``(7) requirements governing pupil rights under the Individuals with Disabilities Act; and ``(8) requirements governing-- ``(A) maintenance of effort; ``(B) comparability; or ``(C) the equitable participation of students attending private schools. ``SEC. 8005. EVALUATIONS AND TECHNICAL ASSISTANCE. ``(a) Local Evaluation.--Three years after a waiver is given to a local educational agency, the Secretary of Education shall evaluate the effectiveness of such waiver in achieving education reform and raising student achievement. ``(b) Technical Assistance.--If the Secretary determines that progress in achieving educational reform is not satisfactory, the Secretary may provide technical assistance to a local educational agency. ``(c) Termination.--If the Secretary determines that the technical assistance does not improve educational reform efforts, the Secretary may terminate any waivers previously granted. ``(d) National Evaluation.--Five years after the flexibility program is implemented and at the end of every succeeding five-year period, the Secretary shall evaluate the effectiveness of the flexibility program nationwide. The findings of such evaluation shall be submitted to the Congress not later than 120 days after such evaluation is completed. ``SEC. 8006. REPORTS. ``(a) Local Reports.--A local educational agency or school that participates in a flexibility project under this title shall submit an annual report to the State educational agency that-- ``(1) describes project activities; ``(2) evaluates the progress in achieving the goals stated in the application; and ``(3) evaluates the effectiveness of coordinating services for students and their families. ``(b) State Reports.--A State that participates in a flexibility project under this title shall submit an annual report to the Secretary of Education which evaluates the progress in achieving goals stated in the application. ``(c) Secretary Reports.--The Secretary of Education shall submit to the Congress a biennial report regarding the national progress of flexibility programs and the effect of such programs on educational reform.''.", "summary": "Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to waive certain Federal statutory and regulatory requirements, with specified exceptions, for States, local educational agencies, and schools as part of systemic educational reform and efforts to meet the national education goals for all children. Allows additional waivers for specified related programs, with the approval of the appropriate Federal agency. Sets forth requirements for waiver applications, restrictions, evaluations, technical assistance, and reports."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Tuna Labeling Act of 2003''. SEC. 2. FINDINGS. Congress finds that: (1) Consumers have the right to know whether the tuna that they purchase was caught using technologies that kill, harass, adversely impact, or endanger dolphins, porpoises, and whales. (2) The provisions of the Dolphin Protection Consumer Information Act that require ``dolphin safe'' labeling have served as an incentive to reduce dolphin mortalities. (3) According to the Annual Report of the Marine Mammal Commission and the Inter-American Tropical Tuna Commission, dolphin mortality has decreased from more than 100,000 dolphin kills each year to fewer than 2,000 kills each year since the passage of the ``dolphin safe'' label requirements in 1990. (4) In 1997, Congress began to erode the ``dolphin safe'' label, creating exceptions that permit purse seine netting in the Eastern Tropical Pacific and other destructive fishing practices to be used during tuna fishing. On December 31, 2002, the Secretary of Commerce decided to permit tuna caught using these destructive practices to be labeled ``dolphin safe'', a decision that will blatantly mislead the American public. The Secretary's decision will result in an estimated 20,000 to 40,000 dolphin deaths each year. SEC. 3. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER INFORMATION ACT. The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is amended-- (1) by striking subsections (d) through (h); and (2) by inserting the following: ``(d) Labeling Standard.--It is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for any producer, importer, exporter, distributor, or seller of any tuna product that is exported from or offered for sale in the United States to include on the label of that product the term `Dolphin Safe' or any other term or symbol that claims or suggests that the tuna contained in the product was harvested using a method of fishing that is not harmful to dolphins if the tuna product contains tuna harvested-- ``(1) on the high seas by a vessel engaged in driftnet fishing; ``(2) outside the eastern tropical Pacific Ocean by a vessel using purse seine nets-- ``(A) in a fishery in which the Secretary has determined that a regular and significant association occurs between dolphins and tuna (similar to the association between dolphins and tuna in the eastern tropical Pacific Ocean), unless such product is accompanied by a written statement, executed by the captain of the vessel and an observer participating in a national or international program acceptable to the Secretary, certifying that no purse seine net was intentionally deployed on dolphins or used to encircle dolphins and that no dolphins were intentionally chased or harassed during the particular voyage on which the tuna were caught and no dolphins were killed or seriously injured in the sets in which the tuna were caught; or ``(B) in any other fishery (other than a fishery described in paragraph (3)) unless the product is accompanied by a written statement executed by the captain of the vessel certifying that no purse seine net was intentionally deployed on or used to encircle dolphins during the particular voyage on which the tuna was harvested; ``(3) by a vessel in a fishery other than one described in paragraph (1), (2) or (4) that is identified by the Secretary as having a regular and significant mortality or serious injury of dolphins, unless such product is accompanied by a written statement executed by the captain of the vessel and an observer participating in a national or international program acceptable to the Secretary that no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught, provided that the Secretary determines that such an observer statement is necessary; or ``(4) except as provided in subsection (e), in the eastern tropical Pacific Ocean by a vessel using purse seine nets. ``(e) Special Requirements.--A tuna product that contains tuna harvested in the eastern tropical Pacific Ocean by a fishing vessel using purse seine nets may include on the label of that product the term `Dolphin Safe' or other term or symbol that claims or suggests that the tuna contained in the product was harvested using a method of fishing that is not harmful to dolphins if-- ``(1) the vessel that harvested the tuna is of a type and size that the Secretary has determined is not capable of deploying its purse seine nets on dolphins or to encircle dolphins; or ``(2) the tuna product is accompanied by a written statement-- ``(A)(i) executed by the captain of the vessel which harvested the tuna certifying that no tuna were caught on the trip in which such tuna were harvested using a purse seine net intentionally deployed on dolphins or to encircle dolphins, that no dolphins were intentionally chased or harassed in connection with the trip, and that no dolphins were killed or seriously injured during the sets in which the tuna were caught; or ``(ii) which states that an approved observer was on board the vessel during the entire trip in which such tuna were harvested and that purse seine nets were not intentionally deployed on dolphins or to encircle dolphins, that no dolphins were intentionally chased or harassed in connection with the trip, and that no dolphins were killed or seriously injured during the sets in which the tuna were caught and that is executed by-- ``(I) the Secretary; ``(II) a representative of the Inter- American Tropical Tuna Commission; or ``(III) an authorized representative of a country that is a signatory to the Agreement on the International Dolphin Conservation Program, done at Washington May 21, 1998, whose observer program has been approved by the Inter-American Tropical Tuna Commission or the Secretary; and ``(B) that is endorsed in writing by each exporter, importer, and processor of the tuna product.''. SEC. 4. EFFECTIVE DATE. The amendments made by section 3 shall take effect on December 30, 2002.", "summary": "Truth in Tuna Labeling Act of 2003 - Amends the Dolphin Protection Consumer Information Act to declare that a tuna product labeled \"dolphin safe\" violates the Federal Trade Commission Act unless it is accompanied by a certificate stating that no dolphins were intentionally chased or harassed during the particular voyage on which the tuna were caught using purse seine nets.Applies this mandate to tuna products harvested either outside or inside the eastern tropical Pacific Ocean."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Setting Aside for a Valuable Education (SAVE) Act''. SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Subparagraph (B) of section 529(c)(3) of the Internal Revenue Code of 1986 (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--For purposes of this paragraph-- ``(i) In-kind distributions.--No amount shall be includible in gross income under subparagraph (A) by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense. ``(ii) Cash distributions.--In the case of distributions not described in clause (i), if-- ``(I) such distributions do not exceed the qualified higher education expenses (reduced by expenses described in clause (i)), no amount shall be includible in gross income, and ``(II) in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions. ``(iii) Exception for institutional programs.--In the case of any taxable year beginning before January 1, 2004, clauses (i) and (ii) shall not apply with respect to any distribution during such taxable year under a qualified State tuition program established and maintained by 1 or more eligible educational institutions. ``(iv) Treatment as distributions.--Any benefit furnished to a designated beneficiary under a qualified State tuition program shall be treated as a distribution to the beneficiary for purposes of this paragraph. ``(v) Coordination with hope and lifetime learning credits.--The total amount of qualified higher education expenses with respect to an individual for the taxable year shall be reduced-- ``(I) as provided in section 25A(g)(2), and ``(II) by the amount of such expenses which were taken into account in determining the credit allowed to the taxpayer or any other person under section 25A. ``(vi) Coordination with education savings accounts.--If, with respect to an individual for any taxable year-- ``(I) the aggregate distributions to which clauses (i) and (ii) and section 530(d)(2)(A) apply, exceed ``(II) the total amount of qualified higher education expenses otherwise taken into account under clauses (i) and (ii) (after the application of clause (iv)) for such year, the taxpayer shall allocate such expenses among such distributions for purposes of determining the amount of the exclusion under clauses (i) and (ii) and section 530(d)(2)(A).''. (b) Conforming Amendments.-- (1) Section 135(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``section 530(d)(2)'' and inserting ``sections 529(c)(3)(B)(i) and 530(d)(2)''. (2) Section 221(e)(2)(A) of such Code is amended by inserting ``529,'' after ``135,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. ELIGIBLE EDUCATIONAL INSTITUTIONS PERMITTED TO MAINTAIN QUALIFIED TUITION PROGRAMS. (a) In General.--Section 529(b)(1) of the Internal Revenue Code of 1986 (defining qualified State tuition program) is amended by inserting ``or by 1 or more eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (b) Private Qualified Tuition Programs Limited to Benefit Plans.-- Clause (ii) of section 529(b)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ``in the case of a program established and maintained by a State or agency or instrumentality thereof,'' before ``may make''. (c) Additional Requirements for Certain Private Qualified Tuition Programs.--Section 529(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Additional requirements for certain private qualified tuition programs.--A program established and maintained by 1 or more eligible educational institutions and described in paragraph (1)(A)(ii) shall not be treated as a qualified tuition program unless-- ``(A) under such program a trust is created or organized for the sole purpose of paying the qualified higher education expenses of the designated beneficiary of the account, ``(B) the written governing instrument creating the trust of which the account is a part provides safeguards to ensure that contributions made on behalf of a designated beneficiary remain available to provide for the qualified higher education expenses of the designated beneficiary, and ``(C) the trust meets the following requirements: ``(i) Any trustee or person who may under contract operate or manage the trust demonstrates to the satisfaction of the Secretary that the manner in which that trustee or person will administer the trust will be consistent with the requirements of this section. ``(ii) The assets of the trust are not commingled with other property except in a common trust fund or common investment fund. ``(iii) The trust annually prepares and makes available the reports and accountings required by this section. The annual report, at a minimum, includes information on the financial condition of the trust and the investment policy of the trust. ``(iv) Before entering into contracts or otherwise accepting contributions on behalf of a designated beneficiary, the trust obtains an appropriate actuarial report to establish, maintain, and certify that the trust shall have sufficient assets to defray the obligations of the trust and annually makes the actuarial report available to account contributors and designated beneficiaries. ``(v) The trust secures a favorable ruling or opinion issued by the Internal Revenue Service that the trust is in compliance with the requirements of this section. ``(vi) Before entering into contracts or otherwise accepting contributions on behalf of a designated beneficiary, the trust solicits answers to appropriate ruling requests from the Securities and Exchange Commission regarding the application of Federal securities laws to the trust.''. (d) Application of Federal Securities Laws to Private Qualified Tuition Programs.--Section 529(e) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new paragraph: ``(6) Application of federal securities laws to private qualified tuition programs.--Nothing in this section shall be construed to exempt any qualified tuition program that is not established and maintained by a State or agency or instrumentality thereof from any of the requirements of the Securities Act of 1933 (15 U.S.C 77a et seq.) or the Investment Company Act of 1940 (15 U.S.C 80a-1 et seq.).''. (e) Conforming Amendments.-- (1) Sections 72(e)(9), 135(c)(2)(C), 135(d)(1)(D), 529, 530(b)(2)(B), 4973(e), and 6693(a)(2)(C) of the Internal Revenue Code of 1986 are each amended by striking ``qualified State tuition'' each place it appears and inserting ``qualified tuition''. (2) The headings for sections 72(e)(9) and 135(c)(2)(C) of such Code are each amended by striking ``qualified state tuition'' and inserting ``qualified tuition''. (3) The headings for sections 529(b) and 530(b)(2)(B) of such Code are each amended by striking ``Qualified state tuition'' and inserting ``Qualified tuition''. (4) The heading for section 529 of such Code is amended by striking ``state''. (5) The item relating to section 529 of such Code in the table of sections for part VIII of subchapter F of chapter 1 is amended by striking ``State''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. OTHER MODIFICATIONS TO QUALIFIED TUITION PROGRAMS. (a) Rollover to Different Program for Benefit of Same Designated Beneficiary.--Section 529(c)(3)(C) of the Internal Revenue Code of 1986 (relating to change in beneficiaries) is amended-- (1) by striking ``transferred to the credit'' in clause (i) and inserting ``transferred-- ``(I) to another qualified tuition program for the benefit of the designated beneficiary, or ``(II) to the credit'', (2) by adding at the end the following new clause: ``(iii) Limitation on certain rollovers.-- Clause (i)(I) shall only apply to 1 transfer with respect to a designated beneficiary in any year.'', and (3) by inserting ``or programs'' after ``beneficiaries'' in the heading. (b) Member of Family Includes First Cousin.--Section 529(e)(2) of the Internal Revenue Code of 1986 (defining member of family) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and by inserting ``; and'', and by adding at the end the following new subparagraph: ``(D) any first cousin of such beneficiary.''. (c) Adjustment of Limitation on Room and Board Distributions.-- Section 529(e)(3)(B)(ii) of the Internal Revenue Code of 1986 is amended to read as follows: ``(ii) Limitation.--The amount treated as qualified higher education expenses by reason of clause (i) shall not exceed the greater of-- ``(I) the amount (applicable to the student) included for room and board for such period in the cost of attendance (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll), as in effect on the date of the enactment of the Setting Aside for a Valuable Education (SAVE) Act) for the eligible educational institution for such period, or ``(II) the actual invoice amount the student residing in housing owned or operated by the eligible educational institution is charged by such institution for room and board costs for such period.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.", "summary": "Setting Aside for a Valuable Education (SAVE) Act - Amends the Internal Revenue Code to: (1) permit private higher educational institutions, in addition to currently permitted State institutions, to establish qualified tuition programs; (2) exclude from gross income program distributions used for qualified higher education expenses; (3) permit an annual rollover to a different tuition program on behalf of the same beneficiary; (4) include first cousins as a qualifying family member; and (5) revise the room and board limitation."}
{"article": "SECTION 1. TEACHERS PROFESSIONAL DEVELOPMENT INSTITUTES. (a) In General.--Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``Subpart 6--Teachers Professional Development Institutes ``SEC. 2161. SHORT TITLE. ``This subpart may be cited as the `Teachers Professional Development Institutes Act'. ``SEC. 2162. FINDINGS AND PURPOSE. ``(a) Findings.--Congress makes the following findings: ``(1) Teaching is central to the educational process and the ongoing professional development of teachers in the subjects they teach is essential for improved student learning. ``(2) Attaining the goal of the No Child Left Behind Act of 2001 (Public Law 107-110)--having a classroom teacher who is highly effective in every academic subject the teacher teaches--will require innovative approaches to improve the effectiveness of teachers in the classroom. ``(3) The Teachers Institute Model focuses on the continuing academic preparation of schoolteachers and the application of what the teachers study to their classrooms and potentially to the classrooms of other teachers. ``(4) The Teachers Institute Model was developed initially by the Yale-New Haven Teachers Institute and has successfully operated in New Haven, Connecticut, for more than 30 years. ``(5) The Teachers Institute Model has also been successfully implemented in cities larger than New Haven. ``(6) In the spring of 2009, a report entitled `An Evaluation of Teachers Institute Experiences' concluded that-- ``(A) Teachers Institutes enhance precisely those teacher qualities known to improve student achievement; ``(B) Teachers Institutes exemplify the crucial characteristics of high-quality teacher professional development; and ``(C) Teachers Institute participation is strongly related to teacher retention in high-poverty schools. ``(b) Purpose.--The purpose of this subpart is to provide Federal assistance to support the establishment and operation of Teachers Institutes for local educational agencies that serve significant low- income student populations in States throughout the Nation, in order to-- ``(1) improve student learning; and ``(2) enhance the quality and effectiveness of teaching and strengthen the subject matter mastery and the pedagogical skills of current teachers through continuing teacher preparation. ``SEC. 2163. DEFINITIONS. ``In this subpart: ``(1) Significant low-income student population.--The term `significant low-income student population' means a student population of which not less than 40 percent of the students included are eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act. ``(2) Teachers institute.--The term `Teachers Institute' means a partnership or joint venture-- ``(A) between or among-- ``(i) 1 or more institutions of higher education; and ``(ii) 1 or more local educational agencies that serve 1 or more schools with significant low-income student populations; and ``(B) that improves the effectiveness of teachers in the classroom, and the quality of teaching and learning, through collaborative seminars designed to enhance both the subject matter and the pedagogical resources of the seminar participants. ``SEC. 2164. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants under this subpart in order to encourage the establishment and operation of Teachers Institutes. ``(b) Technical Assistance.--The Secretary may reserve not more than 50 percent of the funds appropriated to carry out this subpart to provide technical assistance to facilitate the establishment and operation of Teachers Institutes. The Secretary may contract with the Yale-New Haven Teachers Institute to provide all or part of the technical assistance under this subsection. ``(c) Selection Criteria.--In selecting Teachers Institutes to support through grants under this subpart, the Secretary shall consider-- ``(1) the extent to which a proposed Teachers Institute will serve schools that have significant low-income student populations; ``(2) the extent to which a proposed Teachers Institute will follow the understandings and necessary procedures described in section 2166; ``(3) the extent to which each local educational agency participating in the Teachers Institute has a high percentage of teachers who are unprepared or underprepared to teach the core academic subjects the teachers are assigned to teach; and ``(4) the extent to which a proposed Teachers Institute will receive a level of support from the community and other sources that will ensure the requisite long-term commitment for the success of a Teachers Institute. ``(d) Consultation.-- ``(1) In general.--In evaluating applications using the criteria under subsection (c), the Secretary may request the advice and assistance of the Yale-New Haven Teachers Institute or other Teachers Institutes. ``(2) State agencies.--If the Secretary receives 2 or more applications for grants under this subpart from local educational agencies within the same State, the Secretary shall consult with the State educational agency regarding the applications. ``(e) Fiscal Agent.--The fiscal agent for the receipt of grant funds under this subpart shall be an institution of higher education participating in the partnership or joint venture, as described in section 2163(2)(A), that is establishing or operating the Teachers Institute. ``(f) Limitations.--A grant under this subpart-- ``(1) shall provide grant funds for a period of not more than 5 years; and ``(2) shall be in an amount that is not more than 50 percent of the total costs of the eligible activities supported under the grant, as determined by the Secretary. ``SEC. 2165. ELIGIBLE ACTIVITIES. ``Grant funds under this subpart may be used-- ``(1) for the planning, development, establishment, and operation of a Teachers Institute; ``(2) for additional assistance to an established Teachers Institute for its further development and for its support of the planning, development, establishment, and operation of a Teachers Institute under paragraph (1); ``(3) for the salary and necessary expenses of a full-time director for a Teachers Institute to plan and manage the Teachers Institute and to act as a liaison between all local educational agencies and institutions of higher education participating in the Teachers Institute; ``(4) to provide suitable office space, staff, equipment, and supplies, and to pay other operating expenses, for the Teachers Institute; ``(5) to provide a stipend for teachers participating in the collaborative seminars conducted by the Institute in the sciences and humanities and to provide remuneration for members of the faculty of the participating institution of higher education leading the seminars; and ``(6) to provide for the dissemination, through print and electronic means, of curriculum units prepared in the seminars conducted by the Teachers Institute. ``SEC. 2166. UNDERSTANDINGS AND PROCEDURES. ``A grantee receiving a grant under this subpart shall abide by the following understandings and procedures: ``(1) Partnership.--The essential relationship of a Teachers Institute is a partnership between a local educational agency and an institution of higher education. A grantee shall demonstrate a long-term commitment on behalf of the participating local educational agency and institution of higher education to the support, including the financial support, of the work of the Teachers Institute. ``(2) Seminars.--A Teachers Institute sponsors seminars led by faculty of the institution of higher education partner and attended by teachers from the local educational agency partner. A grantee shall provide participating teachers the ability to play an essential role in planning, organizing, conducting, and evaluating the seminars and in encouraging the future participation of other teachers. ``(3) Curriculum unit.--A seminar described in paragraph (2) uses a collaborative process, in a collegial environment, to develop a curriculum unit for use by participating teachers that sets forth the subject matter to be presented and the pedagogical strategies to be employed. A grantee shall enable participating teachers to develop a curriculum unit, based on the subject matter presented, for use in the teachers' classrooms. ``(4) Eligibility and remuneration.--Seminars are open to all partnership teachers with teaching assignments relevant to the seminar topics. Seminar leaders receive remuneration for their work and participating teachers receive an honorarium or stipend upon the successful completion of the seminar. A grantee shall provide seminar leaders and participating teachers with remuneration to allow them to participate in the Teachers Institute. ``(5) Direction.--The operations of a Teachers Institute are managed by a full-time director who reports to both partners but is accountable to the institution of higher education partner. A grantee shall appoint a director to manage and coordinate the work of the Teachers Institute. ``(6) Evaluation.--A grantee shall annually review the activities of the Teachers Institute and disseminate the results to members of the Teachers Institute's partnership community. ``SEC. 2167. APPLICATION, APPROVAL, AND AGREEMENT. ``(a) In General.--To receive a grant under this subpart, a Teachers Institute, or a partnership or joint venture described in section 2163(2)(A) that is proposing to establish a Teachers Institute, shall submit an application to the Secretary that-- ``(1) meets the requirement of this subpart and any regulations under this subpart; ``(2) includes a description of how the applicant intends to use funds provided under the grant; ``(3) includes such information as the Secretary may require to apply the criteria described in section 2164(c); ``(4) includes measurable objectives for the use of the funds provided under the grant; and ``(5) contains such other information and assurances as the Secretary may require. ``(b) Approval.--The Secretary shall-- ``(1) promptly evaluate an application received for a grant under this subpart; and ``(2) notify the applicant, within 90 days of the receipt of a completed application, of the Secretary's determination. ``(c) Agreement.--Upon approval of an application, the Secretary and the applicant shall enter into a comprehensive agreement covering the entire period of the grant. ``SEC. 2168. REPORTS AND EVALUATIONS. ``(a) Report.--Each grantee under this subpart shall report annually to the Secretary on the progress of the Teachers Institute in achieving the purpose of this subpart. ``(b) Evaluation and Dissemination.--The Secretary shall evaluate the activities funded under this subpart and submit an annual report regarding the activities assisted under this subpart to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. The Secretary shall broadly disseminate successful practices developed by Teachers Institutes. ``(c) Revocation.--If the Secretary determines that a grantee is not making substantial progress in meeting the purposes of the grant by the end of the second year of the grant under this subpart, the Secretary may take appropriate action, including revocation of further payments under the grant, to ensure that the funds available under this subpart are used in the most effective manner. ``SEC. 2169. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for grants (including planning grants) and technical assistance under this subpart-- ``(1) $4,000,000 for fiscal year 2011; ``(2) $5,000,000 for fiscal year 2012; ``(3) $6,000,000 for fiscal year 2013; ``(4) $7,000,000 for fiscal year 2014; and ``(5) $8,000,000 for fiscal year 2015.''. (b) Table of Contents.--The table of contents of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2151 the following: ``subpart 6--teachers professional development institutes ``Sec. 2161. Short title. ``Sec. 2162. Findings and purpose. ``Sec. 2163. Definitions. ``Sec. 2164. Program authorized. ``Sec. 2165. Eligible activities. ``Sec. 2166. Understandings and procedures. ``Sec. 2167. Application, approval, and agreement. ``Sec. 2168. Reports and evaluations.''.", "summary": "Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to: (1) award grants to encourage the establishment and operation of Teachers Institutes; and (2) provide technical assistance, all or some of which may be provided through the Yale-New Haven Teachers Institute, to assist local educational agencies (LEAs) and institutions of higher education (IHEs) in establishing and operating Teachers Institutes. Sets forth selection criteria, including consideration of the extent to which the proposed Institute will serve schools that have a significant low-income population. Defines a Teachers Institute as a partnership or joint venture between one or more IHEs and one or more LEAs serving one or more schools with significant low-income populations that is established to improve the quality of teaching and learning through collaborative seminars."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Statistical Information and Analysis Act of 1993''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Both the public and private sectors in the United States would benefit from the collection, analysis, and dissemination of reliable statistical information about the independent states of the former Soviet Union and the Baltic states. (2) Statistical information about the independent states of the former Soviet Union and the Baltic states can be used in policy development on issues ranging from domestic and foreign trade to international population growth, health, and the environment. United States Government statistical agencies could use data collected in the independent states and the Baltic states to develop statistical comparisons between the United States and the rest of the world. (3) Reliable economic statistical information can also assist United States businesses in identifying trade and investment opportunities in the independent states of the former Soviet Union and the Baltic states. (4) Reliable information is needed about economic performance at both the macro and micro-economic levels as the independent states of the former Soviet Union and the Baltic states make the transition from a centrally planned economy to a free market economy. (5) Reliable economic statistical information is especially important in evaluating the effectiveness of assistance provided to the independent states of the former Soviet Union and the Baltic states by the United States Government, by nongovernmental organizations, and by international financial institutions. (6) Such evaluations would be facilitated by annual reports, prepared by the Secretary of Commerce with the assistance of United States Government statistical agencies, assessing the progress being made by the independent states of the former Soviet Union and the Baltic states in establishing a free market economy. (7) United States Government statistical agencies (such as the Bureau of the Census of the Department of Commerce, the Bureau of Labor Statistics of the Department of Labor, the Bureau of Economic Analysis of the Department of Commerce, and the National Agricultural Statistics Service of the Department of Agriculture) have been involved in providing statistical assistance to foreign countries for more than 40 years. (8) United States Government statistical agencies have set the standard for modern statistical methodology used throughout the world. (9) United States Government statistical agencies have the personnel, facilities, expertise, and other resources to provide training and other technical assistance to the independent states of the former Soviet Union and the Baltic states with respect to the collection, analysis, and dissemination of economic statistical data. In addition, to the extent that the independent states or Baltic states use non- standard collection methods, United States Government statistical agencies have the ablility to reconcile discrepant data, thereby increasing its usefulness. SEC. 3. ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT STATES OF THE FORMER SOVIET UNION AND BALTIC STATES. (a) Amendment to Title 13.--Title 13 of the United States Code is amended by adding at the end the following: ``CHAPTER 11--ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT STATES OF THE FORMER SOVIET UNION AND BALTIC STATES ``Sec. ``501. Preparation and publication of analysis. ``502. Definitions. ``Sec. 501. Preparation and publication of analysis ``(a) The Secretary shall prepare and submit to the Congress each year a report analyzing the progress being made by the the independent states of the former Soviet Union and the Baltic states in establishing a free market economy. ``(b) In preparing the reports required by subsection (a), the Secretary shall draw upon the information collected and the analysis performed under the auspices of the International Statistical Assistance Coordinating Committee established pursuant to section 4 of the International Statistical Information and Analysis Coordination Act of 1993. ``(c) The first report pursuant to subsection (a) shall be submitted as soon as reliable economic statistical information is available about the independent states of the former Soviet Union and the Baltic states, but not later than 5 years after the date of enactment of this chapter. ``Sec. 502. Definitions ``As used in this chapter-- ``(1) the term `independent states of the former Soviet Union' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and ``(2) the term `Baltic states' means Estonia, Latvia, and Lithuania.''. (b) Amendment to Table of Chapters.--The table of chapters at the beginning of title 13, United States Code, is amended by adding at the end the following new item: ``11. Economic statistical analysis regarding independent 501''. states of the former Soviet Union and Baltic states. SEC. 4. INTERNATIONAL STATISTICAL ASSISTANCE COORDINATING COMMITTEE. (a) Establishment and Membership.--The President shall establish an interagency committee to be known as the ``International Statistical Assistance Coordinating Committee'' (hereinafter in this Act referred to as the ``Coordinating Committee''). The Coordinating Committee shall consist of a representative of each of the following: (1) The Office of Management and Budget. (2) The Bureau of the Census of the Department of Commerce. (3) The Bureau of Labor Statistics of the Department of Labor. (4) The Bureau of Economic Analysis of the Department of Commerce. (5) The National Agricultural Statistics Service of the Department of Agriculture. (6) The Agency for International Development. (b) Functions.--Consistent with section 104(a) of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (relating to Department of State coordination of assistance to the independent states of the former Soviet Union), the Coordinating Committee-- (1) shall determine priorities for providing training and other technical assistance to develop capabilities to monitor economic performance in the independent states of the former Soviet Union and the Baltic states through the collection, analysis, and dissemination of economic statistical data; (2) shall use the expertise of its constituent agencies in providing such assistance; (3) shall be responsible for coordinating such assistance with comparable assistance provided or coordinated by international or multilateral organizations or agencies; and (4) shall provide for the analysis by its constituent agencies of economic statistical data regarding the independent states of the former Soviet Union and the Baltic states and for the dissemination of such analysis to United States businesses and other interested parties, including dissemination through the annual report required by section 501 of title 13, United States Code. (c) Annual Reports.--The Coordinating Committee shall prepare an annual report describing the assistance provided through the Coordinating Committee pursuant to this section. Such report shall be submitted to the Congress as part of the annual congressional presentation materials on international economic assistance. SEC. 5. UNITED STATES ASSISTANCE TO IMPROVE MONITORING OF ECONOMIC PERFORMANCE IN INDEPENDENT STATES OF THE FORMER SOVIET UNION AND BALTIC STATES. (a) Statistical Capability Assistance.--United States assistance that is provided to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states shall include training and other technical assistance to develop capabilities to monitor economic performance in those republics and states through the collection, analysis, and dissemination of economic statistical data. (b) International Statistical Assistance Coordinating Committee.-- The assistance required by subsection (a) shall be coordinated through the Coordinating Committee and shall otherwise be provided in accordance with section 4(b). (c) Funding.--It is the sense of the Congress that at least $3,000,000 of the funds allocated for each of the fiscal years 1994 through 1998 for United States economic assistance to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states should be used for training and other technical assistance pursuant to this section. SEC. 6. DEFINITIONS. As used in this Act-- (1) the term ``independent states of the former Soviet Union'' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and (2) the term ``Baltic states'' means Estonia, Latvia, and Lithuania.", "summary": "International Statistical Information and Analysis Act of 1993 - Directs the Secretary of Commerce to prepare and submit to the Congress an annual report analyzing the progress being made by the independent states of the former Soviet Union and the Baltic states in establishing a free market economy. Requires the President to establish an interagency committee to be known as the International Statistical Assistance Coordinating Committee to: (1) determine priorities for providing training and other technical assistance to monitor economic performance in such countries through the collection and analysis of economic statistical data; (2) coordinate such assistance with assistance provided by international or multilateral organizations; and (3) provide for analysis by its constituent agencies of economic statistical data regarding such countries and for the dissemination of such analysis to U.S. businesses and other interested parties. Requires U.S. assistance that is provided to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states to include training and other technical assistance to develop capabilities to monitor economic performance through the collection and analysis of economic statistical data. Expresses the sense of the Congress that a specified amount of funds allocated for U.S. assistance to encourage the development of free market systems in such countries be used for such training and assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Affinity Scams for Seniors Act of 2010'' or the ``PASS Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) Financial exploitation of the elderly is becoming an increasingly familiar problem. Regular review of news headlines reveals that elders and vulnerable adults are victimized routinely by frauds and scams at the hands of strangers as well as loved ones. (2) Older individuals may be targeted merely because they possess more assets, such as savings, annuities, and retirement accounts, stocks and bonds, insurance policies, and property than younger people. People over 50 years of age control at least 70 percent of the net worth of the nation's households. (3) Those elders with cognitive impairments, mental health conditions, or physical disabilities may be dependent upon others (family members, friends, formal and informal caregivers, or court-appointed representatives) for assistance in making financial decisions or carrying out daily transactions, and therefore may be even more vulnerable to theft, exploitation, or undue influence. (4) Affinity scams on seniors involve transactions in which a person trusted by the senior uses the relationship to defraud the senior. Millions of elderly are scammed each year, losing at least 2,600,000,000 a year to thieves, many of whom are in their own families (conservative estimate given of the schemes left unreported). (5) Elder financial abuse is commonly linked with other forms of abuse and neglect and threatens the health, dignity, and economic security of millions of older Americans. Elder financial abuse has received limited attention because it is not regarded as visible, life-threatening, or newsworthy as is the physical or sexual abuse of elders. (6) Financial exploitation can be devastating to the victim and is often traced to family members, trusted friends, or caregivers. Financial abuse often occurs with the implied acknowledgment and consent of the elder person and can be more difficult to detect. (7) Elder financial abuse affects elders and their families in significant and long-lasting ways by putting enormous emotional duress on the elders, increasing their risk of depression, decreasing their quality of life, and increasing unnecessary institutionalization. (8) The financial services industry is often the first to detect a change in the pattern of customers with whom they have regular contact. This puts institutions in a unique position to assist in protecting customers and upholding the inherent trust relationship with clients. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Affinity scam.--The term ``affinity scam'' means a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, ``new friend'', or service provider, claims to share similar interests or values with the senior, establishes a relationship with the senior (either on the person's own initiative or through some other method, such as a court-appointed guardianship), and then uses the relationship to defraud the senior. (2) Financial institution.--The term ``financial institution'' means-- (A) an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h)); (B) a credit union; and (C) a thrift institution. (3) Senior.--The term ``senior'' means an individual who is at least 65 years of age. SEC. 4. AFFINITY SCAM EDUCATION AND TRAINING. (a) Staff Education and Training.--Each financial institution shall-- (1) educate the staff of the financial institution about affinity scams and how to identify transactions that may be part of an affinity scam; and (2) train staff members on educating seniors about affinity scams. (b) Senior Customer Education.--Each financial institution shall provide educational materials and other information to seniors who maintain a deposit account with the financial institution about affinity scams and how to identify transactions that may be part of an affinity scam. (c) Education and Training Oversight.--The Bureau of Consumer Financial Protection shall-- (1) issue such regulations as are necessary to carry out this section; and (2) periodically audit financial institutions to ensure compliance with such regulations. SEC. 5. SENIOR PROTECTION ACCOUNTS. (a) In General.--Each financial institution shall offers seniors a type of checking account to be known as a ``senior protection account''. (b) Senior Protection Account Requirements.-- (1) In general.--With respect to a senior who maintains a senior protection account with a financial institution, if the financial institution receives a transaction request to debit such account and, before processing the transaction, the financial institution identifies the transaction as possibly being part of an affinity scam, the financial institution shall-- (A) not process the transaction; and (B) initiate an investigation in order to determine if such transaction is part of an affinity scam or is legitimate. (2) Investigation.--With respect to a transaction that is the basis of an investigation described under paragraph (1)(B), a financial institution shall-- (A) notify the senior whose account the transaction would debit, if processed, that the financial institution-- (i) has identified the transaction as possibly being part of an affinity scam; and (ii) has not yet processed the transaction, pending the result of an investigation; (B) if the financial institution determines that the transaction is part of an affinity scam-- (i) notify the senior of such determination; (ii) refer such transaction to the appropriate law enforcement agency; and (iii) report such transaction to the Bureau of Consumer Financial Protection; and (C) if the financial institution does not determine that the transaction is part of an affinity scam-- (i) notify the senior of such determination; and (ii) process such transaction not later than 7 business days from the date on which the investigation was started, unless instructed otherwise by the senior. (3) Designation of staff person.--Each financial institution shall designate a single staff person who shall be notified whenever a staff person identifies a transaction that is possibly part of an affinity scam. (4) Liability.--A financial institution that fails to process a transaction or that refers a transaction to law enforcement pursuant to the requirements of this subsection shall not be liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, or under any contract or other legally enforceable agreement (including any arbitration agreement), for such failure or referral. (c) Rulemaking.--The Secretary of the Treasury shall issue such regulations as are necessary to carry out this section. (d) Tax Deduction.-- (1) In general.--The Secretary of the Treasury shall by regulation establish a deduction to be allowed in computing the taxable income of financial institutions for purposes of the Internal Revenue Code of 1986. (2) Amount of deduction.--Such deduction with respect to any financial institution for a taxable year shall be an amount equal to 0.77 percent of the average of the amount of deposits held by such financial institution in senior protection accounts for each day during such taxable year. (e) Civil Liability.--Any financial institution that fails to comply with any provision of this section with respect to a senior shall be liable to such senior in an amount equal to the sum of the following: (1) Actual damages.--The amount of any actual damage sustained by the senior as a result of such failure. (2) Attorneys' fees.--In the case of any successful action to enforce any liability under paragraph (1), the costs of the action, together with reasonable attorneys' fees. (f) Nondiscrimination.--A financial institution may not discriminate against seniors in any fees or other charges required by the financial institution in order to cover the cost to the financial institution of implementing the requirements of this Act. SEC. 6. ADDING AFFINITY SCAMS TARGETING SENIORS TO THE SUSPICIOUS TRANSACTION REPORTING REQUIREMENT. Section 5318(g)(1) of title 31, United States Code, is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(A) Possible violation of law or regulation.--The Secretary''; and (2) by adding at the end the following new subparagraph: ``(B) Possible affinity scam targeting seniors.-- ``(i) In general.--The Secretary shall require each financial institution, and each director, officer, employee, or agent of such financial institution, to report any suspicious transaction relevant to a possible affinity scam. ``(ii) Definitions.--For purposes of this subparagraph: ``(I) Affinity scam.--The term `affinity scam' means a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, `new friend', or service provider, claims to share similar interests or values with the senior, establishes a relationship with the senior (either on the person's own initiative or through some other method, such as a court-appointed guardianship), and then uses the relationship to defraud the senior. ``(II) Senior.--The term `senior' means an individual who is at least 65 years of age.''. SEC. 7. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect after the end of the 6-month period beginning on the date of the enactment of this Act.", "summary": "Preventing Affinity Scams for Seniors Act of 2010 or PASS Act of 2010 - Defines \"affinity scam\" as a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, \"new friend,\" or service provider, claims to share similar interests or values and establishes a relationship with the senior, then uses the relationship to defraud the senior. Requires each financial institution to: (1) educate its staff about affinity scams and how to identify transactions that may be part of an affinity scam; (2) train staff members on educating seniors about affinity scams; (3) provide senior depositors with educational materials on how to identify affinity scams; and (4) offer seniors a \"senior protection (checking) account.\" Directs the Bureau of Consumer Financial Protection to: (1) issue implementing regulations; and (2) audit financial institutions periodically to ensure compliance with them. Sets forth senior protection account requirements, including protective measures to block and investigate transactions suspected of being an affinity scam. Instructs the Secretary of the Treasury to establish an income tax deduction of .77% of the average of the amount of deposits held by a financial institution in senior protection accounts. Subjects a noncompliant financial institution to a civil liability with respect to a senior who has sustained actual damage as a result of the institution's failure to comply with this Act. Directs the Secretary to require each financial institution, and each of its directors, officers, employees, or agents, to report any suspicious transaction relevant to a possible affinity scam."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Environmental Protection Act''. SEC. 2. REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT OF ENVIRONMENTAL PROTECTION. (a) Redesignation.--The Environmental Protection Agency is redesignated as the Department of Environmental Protection (hereinafter in this Act referred to as the ``Department''), and shall be an executive department in the executive branch of the Government. (b) Secretary of Environmental Protection.--(1) There shall be at the head of the Department a Secretary of Environmental Protection (hereinafter in this Act referred to as the ``Secretary'') who shall be appointed by the President, by and with the advice and consent of the Senate, except as provided in paragraph (2). (2) If so designated by the President, the individual who has been nominated and confirmed and is serving as the Administrator of the Environmental Protection Agency on the date of enactment of this Act shall become the Secretary of Environmental Protection, without reconfirmation by the Senate. (c) Transfer of Function, Powers, and Duties.--The functions, powers, and duties of each officer and employee of the Environmental Protection Agency are transferred to and vested in the corresponding officer or employee of the Department. (d) Delegation of Authority.--The Secretary may, consistent with other laws-- (1) delegate any functions, powers, or duties, including the promulgation of regulations, to such officers and employees of the Department as the Secretary may designate; and (2) authorize such successive redelegations of such functions, powers, or duties within the Department as the Secretary considers necessary or appropriate. SEC. 3. REFERENCES. Any reference in any other Federal law, Executive order, rule, regulation, reorganization plan, or delegation of authority, or in any document-- (1) to the Environmental Protection Agency is deemed to refer to the Department of Environmental Protection; (2) to the Administrator of the Environmental Protection Agency is deemed to refer to the Secretary of Environmental Protection; and (3) to a subordinate official of the Environmental Protection Agency is deemed to refer to the corresponding official of the Department of Environmental Protection. SEC. 4. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, privileges, agreements, registrations, and other administrative actions-- (1) which have been issued, made, granted or allowed to become effective by the President, the Administrator or other authorized official of the Environmental Protection Agency, or by a court of competent jurisdiction, which relate to functions of the Administrator or any other officer or agent of the Environmental Protection Agency actions; and (2) which are in effect on the date of the enactment of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, by a court of competent jurisdiction, or by operation of law. (b) Proceedings not Affected.--(1) This Act shall not affect any proceeding, proposed rule, or application for any license, permit, certificate, registration, or financial assistance pending before the Environmental Protection Agency on the date of the enactment of this Act, and the effect of any such proceeding, proposed rule, or application shall continue. Orders shall be issued, and final determinations shall be made, in any such proceeding, proposed rule, or application, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued with respect to any such proceeding, proposed rule, or application shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. (2) Nothing in this subsection prohibits the discontinuance or modification of any such proceeding, proposed rule, or application under the same terms and conditions and to the same extent that such proceeding, proposed rule, or application could have been discontinued or modified if this Act had not been enacted. (c) Suits not Affected.--The provisions of this Act shall not affect suits commenced before the date of enactment of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced before the date of enactment of this Act by or against the Environmental Protection Agency, or by or against any individual in the official capacity of such individual as an officer of the Environmental Protection Agency, shall abate by reason of the enactment of this Act. (e) Property and Resources.--The contracts, liabilities, records, property, and other assets and interests of the Environmental Protection Agency shall, after the date of enactment of this Act, be considered to be the contracts, liabilities, records, property, and other assets and interests of the Department of Environmental Protection. SEC. 5. CONFORMING AMENDMENTS. After consultation with the appropriate committees of Congress, the Secretary shall prepare and submit to Congress proposed legislation containing necessary and appropriate technical and conforming amendments to the laws of the United States, to reflect the changes made by this Act. Such proposed legislation shall be submitted not later than one year after the date of enactment of this Act.", "summary": "Department of Environmental Protection Act - Redesignates the Environmental Protection Agency as an executive department, the Department of Environmental Protection, to be headed by a Secretary of Environmental Protection who shall be appointed by the President."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Alcohol Tax Equalization Act''. SEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC EQUIVALENT OF TAXES ON DISTILLED SPIRITS. (a) Wine.-- (1) Wines containing not more than 14 percent alcohol.-- Paragraph (1) of section 5041(b) of the Internal Revenue Code of 1986 (relating to rates of tax on wines) is amended by striking ``$1.07'' and inserting ``$2.97''. (2) Wines containing more than 14 (but not more than 21) percent alcohol.--Paragraph (2) of section 5041(b) of such Code is amended by striking ``$1.57'' and inserting ``$4.86''. (3) Wines containing more than 21 (but not more than 24) percent alcohol.--Paragraph (3) of section 5041(b) of such Code is amended by striking ``$3.15'' and inserting ``$6.08''. (b) Beer.-- (1) In general.--Paragraph (1) of section 5051(a) of such Code (relating to imposition and rate of tax on beer) is amended by striking ``$18'' and inserting ``$37.67''. (2) Small brewers.--Subparagraph (A) of section 5051(a)(2) of such Code (relating to reduced rate for certain domestic production) is amended by striking ``$7'' each place it appears and inserting ``$26.67''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1995. (d) Floor Stocks Taxes.-- (1) Imposition of tax.-- (A) In general.--In the case of any tax-increased article-- (i) on which tax was determined under part I of subchapter A of chapter 51 of the Internal Revenue Code of 1986 or section 7652 of such Code before January 1, 1995, and (ii) which is held on such date for sale by any person, there shall be imposed a tax at the applicable rate on each such article. (B) Applicable rate.--For purposes of clause (i), the applicable rate is-- (i) $1.90 per wine gallon in the case of wine described in paragraph (1) of section 5041(b) of such Code, (ii) $3.29 per wine gallon in the case of wine described in paragraph (2) of section 5041(b) of such Code, (iii) $2.93 per wine gallon in the case of wine described in paragraph (3) of section 5041(b) of such Code, and (iv) $19.67 per barrel in the case of beer. In the case of a fraction of a gallon or barrel, the tax imposed by subparagraph (A) shall be the same fraction as the amount of such tax imposed on a whole gallon or barrel. (C) Tax-increased article.--For purposes of this subsection, the term ``tax-increased article'' means wine described in paragraph (1), (2), or (3) of section 5041(b) of such Code and beer. (2) Exception for certain small wholesale or retail dealers.--No tax shall be imposed by subparagraph (A) on tax- increased articles held on January 1, 1995, by any dealer if-- (A) the aggregate liquid volume of tax-increased articles held by such dealer on such date does not exceed 500 wine gallons, and (B) such dealer submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (3) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding any tax- increased article on January 1, 1995, to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before June 30, 1995. (4) Controlled groups.-- (A) Corporations.--In the case of a controlled group, the 500 wine gallon amount specified in paragraph (2), shall be apportioned among the dealers who are component members of such group in such manner as the Secretary shall by regulations prescribe. For purposes of the preceding sentence, the term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated dealers under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of dealers under common control where 1 or more of such dealers is not a corporation. (5) Other laws applicable.-- (A) In general.--All provisions of law, including penalties, applicable to the comparable excise tax with respect to any tax-increased article shall, insofar as applicable and not inconsistent with the provisions of this paragraph, apply to the floor stocks taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by the comparable excise tax. (B) Comparable excise tax.--For purposes of subparagraph (A), the term ``comparable excise tax'' means-- (i) the tax imposed by section 5041 of such Code in the case of wine, and (ii) the tax imposed by section 5051 of such Code in the case of beer. (6) Definitions.--For purposes of this subsection-- (A) In general.--Terms used in this paragraph which are also used in subchapter A of chapter 51 of such Code shall have the respective meanings such terms have in such part. (B) Person.--The term ``person'' includes any State or political subdivision thereof, or any agency or instrumentality of a State or political subdivision thereof. (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. SEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES. (a) General Rule.--Subpart E of part I of subchapter A of chapter 51 of the Internal Revenue Code of 1986 is amended by inserting before section 5061 the following new section: ``SEC. 5060. INDEXATION OF RATES. ``(a) General Rule.--Effective during each calendar year after 1995, each tax rate set forth in subsection (b) shall be increased by an amount equal to-- ``(1) such rate as in effect without regard to this section, multiplied by ``(2) the cost-of-living adjustment for such calendar year determined under section 1(f)(3) by substituting `calendar year 1994' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of 1 cent. ``(b) Tax Rates.--The tax rates set forth in this subsection are the rates contained in the following provisions: ``(1) Paragraphs (1) and (3) of section 5001(a). ``(2) Paragraphs (1), (2), (3), (4), and (5) of section 4041(b). ``(3) Paragraphs (1) and (2)(A) of section 5051(a).'' (b) Technical Amendment.--Paragraphs (1)(A) and (2) of section 5010(a) are each amended by striking ``$13.50'' and inserting ``the rate in effect under section 5001(a)(1)''. (c) Clerical Amendment.--The table of sections for subpart E of part I of subchapter A of chapter 51 of such Code is amended by inserting before the item relating to section 5061 the following new item: ``Sec. 5060. Indexation of rates.'' SEC. 4. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND. (a) General Rule.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end thereof the following new section: ``SEC. 9512. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Mental Health and Substance Abuse Benefits Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Mental Health and Substance Abuse Benefits Trust Fund amounts equivalent to the additional taxes received in the Treasury under chapter 51 by reason of the amendments made by sections 2 and 3 of the Alcohol Tax Equalization Act. ``(c) Expenditures From Trust Fund.--Amounts in the Mental Health and Substance Abuse Benefits Trust Fund shall be available, as provided in appropriation Acts, for purposes of providing mental health and substance abuse benefits under health care reform legislation hereafter enacted.'' (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 is amended by adding at the end thereof the following new item: ``Sec. 9512. Mental health and substance abuse benefits trust fund.''", "summary": "Alcohol Tax Equalization Act - Amends the Internal Revenue Code to increase the excise taxes on wine and beer to the alcoholic equivalent of taxes on distilled spirits. Indexes such tax rates based on the cost-of-living adjustment for calendar year 1994. Establishes the Mental Health and Substance Abuse Benefits Trust Fund. Appropriates amounts received under this Act to such Fund."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Media Protection Act of 1995''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On average, a child in the United States is exposed to 27 hours of television each week, and some children are exposed to as much as 11 hours of television each day. (2) The average American child watches 8,000 murders and 100,000 acts of other violence on television by the time the child completes elementary school. (3) By the age of 18 years, the average American teenager has watched 200,000 acts of violence on television, including 40,000 murders. (4) The Times Mirror Center reports that a recent poll of Americans indicates that 72 percent of the American people believe that there is too much violence on television, and, according to a survey by U.S. News and World Report dated May 1994, 91 percent of American voters believe that mayhem in the media contributes to violence in real life. (5) On several occasions since 1975, The Journal of the American Medical Association has alerted the medical community to the adverse effects of televised violence on child development, including an increase in the level of aggressive behavior and violent behavior among children who view it. (6) The National Commission on Children recommended in 1991 that producers of television programs exercise greater restraint in the content of programming for children. (7) A report of the Harry Frank Guggenheim Foundation, dated May 1993, indicates that there is an irrefutable connection between the amount of violence depicted in the television programs watched by children and increased aggressive behavior among children. (8) It is in the national interest that parents be empowered with the technology to block the viewing of television programs that are clearly inappropriate for children because of their sexual, violent, or indecent content. (9) Technology currently exists to permit the manufacture of television receivers that are capable of permitting parents to block such television programs. SEC. 3. ESTABLISHMENT OF TELEVISION RATING CODE. Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end the following: ``(v) Prescribe-- ``(1) on the basis of recommendations from an advisory committee established by the Commission that is composed of television broadcasters, television programming producers, cable operators, appropriate public interest groups, and other interested individuals from the private sector and that is fairly balanced in terms of the points of view represented and the functions to be performed by the committee, rules to identify and rate sexual, violent, and indecent television programming that is clearly inappropriate for children, and ``(2) rules for the transmission by distributors of television programming of signals that contain an identification of the rating (pursuant to the rules prescribed under paragraph (1)) of the programming being distributed and that permit television viewers to block sexual, violent, and indecent television programming that is clearly inappropriate for children.''. SEC. 4. REQUIREMENT FOR MANUFACTURE OF TELEVISIONS THAT BLOCK PROGRAMS. Section 303 of the Communications Act of 1934 (47 U.S.C. 303), as amended by section 3, is further amended by adding at the end the following: ``(w) Require, in the case of apparatus designed to receive television signals that are manufactured in the United States or imported for use in the United States and that have a picture screen 13 inches or greater in size (measured diagonally), that such apparatus-- ``(1) be equipped with circuitry designed to enable viewers to block the display of channels, programs, and time slots; and ``(2) enable viewers to block display of all programs with a common rating.''. SEC. 5. SHIPPING OR IMPORTING OF TELEVISIONS THAT BLOCK PROGRAMS. (a) Regulations.--Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by adding after subsection (b) the following new subsection (c): ``(c)(1) Except as provided in paragraph (2), no person shall ship in interstate commerce, manufacture, assemble, or import from any foreign country into the United States any apparatus described in section 303(w) of this Act except in accordance with rules prescribed by the Commission pursuant to the authority granted by that section. ``(2) This subsection shall not apply to carriers transporting apparatus referred to in paragraph (1) without trading it. ``(3) The rules prescribed by the Commission under this subsection shall provide performance standards for blocking technology. Such rules shall require that all such apparatus be able to receive the rating signals which have been transmitted by way of line 21 of the vertical blanking interval and which conform to the signal and blocking specifications established by the Commission. ``(4) As new video technology is developed, the Commission shall take such action as the Commission determines appropriate to ensure that blocking service continues to be available to consumers.''. (b) Conforming Amendment.--Section 330(d) of such Act, as redesignated by subsection (a)(1), is amended by striking ``section 303(s), and section 303(u)'' and inserting in lieu thereof ``and sections 303(s), 303(u), and 303(w)''. SEC. 6. ELIMINATION OF TELEVISION PROGRAMMING THAT IS INAPPROPRIATE FOR CHILDREN DURING CERTAIN HOURS. Title I of the Children's Television Act of 1990 (47 U.S.C. 303a et seq.) is amended by adding at the end the following: ``prohibition on programming that is inappropriate for children ``Sec. 105. (a) The Commission shall, within 30 days of the date of the enactment of this Act, initiate a rule-making proceeding to prescribe a prohibition on the broadcast on commercial television and by public telecommunications entities, including the broadcast by cable operators, from the hours of 6 a.m. to 9 p.m., inclusive, of programming that contains sexual, violent, and indecent television programming that is clearly inappropriate for children. ``(b) As used in this section: ``(1) The term `cable operator' has the meaning given such term in section 602 of the Communications Act of 1934 (47 U.S.C. 522). ``(2) The term `programming' includes advertisements but does not include bona fide newscasts, bona fide news interviews, bona fide news documentaries, and on-the-spot coverage of bona fide news events. ``(3) The term `public telecommunications entity' has the meaning given such term in section 397(12) of the Communications Act of 1934 (47 U.S.C. 397(12)).''. SEC. 7. BROADCAST ON TELEVISION AND CABLE OF EDUCATIONAL AND INFORMATIONAL PROGRAMMING FOR CHILDREN. (a) Broadcast Television.--Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended by adding at the end the following: ``(k) Educational and Information Programming for Children.--In granting an application for a license for a television broadcasting station (including an application for renewal of such a license), the Commission shall impose such conditions upon the applicant as the Commission requires in order to ensure that the applicant complies under the license with the standards for children's television programming established under section 102 of the Children's Television Act of 1990 (47 U.S.C. 303a) and otherwise serves the educational and informational needs of children through its overall programming.''. (b) Cable Service.--Part III of title VI of the Communications Act of 1934 (47 U.S.C. 541 et seq.) is amended by adding at the end the following: ``SEC. 629. EDUCATIONAL AND INFORMATION PROGRAMMING FOR CHILDREN ``Sec. 629. A franchise, including the renewal of a franchise, may not be awarded under this part unless the cable operator to be awarded the franchise agrees to comply with the standards for children's television programming established under section 102 of the Children's Television Act of 1990 (47 U.S.C. 303a) and to otherwise serve the educational and informational needs of children in the provision of cable service under the franchise.''.", "summary": "Children's Media Protection Act of 1995 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to: (1) prescribe rules to identify and rate sexual, violent, and indecent television programming that is clearly inappropriate for children; (2) prescribe rules for the transmission by television programming distributors of signals that identify the programming rating and permit viewers to block such inappropriate programming; and (3) require television sets with picture screens of 13 inches or greater to be equipped with blocking circuitry and enable viewers to block display of all programs with a common rating. Prohibits any person from shipping, manufacturing, assembling, or importing any television not so equipped. Requires performance standards for blocking technology. (Sec. 6) Directs the FCC to initiate a rulemaking proceeding to prescribe a prohibition on the broadcast on commercial television and any public telecommunications entities between 6 o'clock a.m. and 9 o'clock p.m. of such inappropriate programming. (Sec. 7) Directs the FCC, in granting an application for a television broadcast license, to impose conditions which ensure that the applicant complies with the standards for children's television programming as established under the Children's Television Act of 1990 and otherwise serves the educational and informational needs of children through its overall programming. Prohibits a cable franchise award or renewal unless the cable operator complies with such standards."}
{"article": "SECTION 1. PROGRAM TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND SECURITY. (a) Establishment of Program.--The Office of Federal Procurement Policy Act (41 U.S.C. et seq.) is amended by adding at the end the following new section: ``SEC. 40. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND SECURITY. ``(a) Establishment of Program.--The Administrator shall establish and promote a Governmentwide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(b) Issuance of Agency Announcements Seeking Innovative Solutions.--Under the program, the Administrator, in consultation with the Director of the Office of Homeland Security, the Associate Director for Information Technology and E-Government of the Office of Management and Budget, and the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury, shall issue agency announcements seeking unique and innovative solutions to advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(c) Multiagency Technical Assistance Team.--(1) The Administrator, in consultation with the individuals described in subsection (b), shall convene a multiagency technical assistance team to assist in screening proposals submitted to the Administrator to provide unique and innovative solutions to advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. The team shall be composed of employees of the participating agencies who have expertise in scientific and technical disciplines that would facilitate the assessment of the feasibility of the proposals. ``(2) The technical assistance team shall-- ``(A) assess the feasibility, scientific and technical merits, and estimated cost of each proposal; and ``(B) submit each proposal, and the assessment of the proposal, to each executive agency whose mission most coincides with the subject matter of the proposal. ``(3) The technical assistance team shall not consider or evaluate proposals submitted in response to a solicitation for offers for a pending procurement or for a specific agency requirement. ``(d) Monetary Awards for Innovative Solutions.--(1) Under the program carried out under this section, the Administrator shall provide monetary awards in recognition of unique and innovative solutions with the potential to significantly advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(2) The Administrator shall use a competitive process to select recipients of monetary awards under this subsection which shall include the widely advertised solicitation (including the agency announcements described in subsection (b)) of descriptive submissions on technology developments and prototypes, the substance of which are not otherwise available to the United States. The Administrator shall work with the multiagency technical assistance team described in subsection (c) in carrying out the competitive selection process. ``(3) An award made under this subsection may not exceed $20,000. The total amount of awards made under this subsection in a fiscal year may not exceed $500,000. ``(4) At least one quarter of the total amount awarded under this subsection during a fiscal year shall be awarded to small business concerns, within the meaning of such term as used in the Small Business Act (15 U.S.C. 632 et seq.).''. (b) Clerical Amendment.--The table of contents at the beginning of such Act is amended by adding at the end the following new item: ``Sec. 40. Program to encourage innovative solutions to enhance homeland security.''. SEC. 2. PILOT PROGRAM TO ENCOURAGE INNOVATIVE COMMERCIAL SOLUTIONS. (a) Pilot Program.--The Administrator of the Office of Federal Procurement Policy shall, in consultation with the Assistant to the President for Homeland Security, establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may-- (1) test the innovative use of streamlined acquisition authorities and procedures authorized by law, with emphasis on provisions authorizing the rapid acquisition of goods and services; and (2) test the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using, to the maximum extent practicable, commercial, off-the-shelf items and commercially available services. (b) Use of Streamlined Acquisition Authorities.--Under the pilot program, the head of an executive agency referred to in subsection (a) shall, if appropriate, use streamlined acquisition authorities and procedures authorized by law, including authorities and procedures that are provided under the following provisions: (1) In title III of the Federal Property and Administrative Services Act of 1949: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 303 (41 U.S.C. 253), relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 303J (41 U.S.C. 253j), relating to orders under task and delivery order contracts. (2) In chapter 137 of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 2304, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 2304c, relating to orders under task and delivery order contracts. (3) Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(c)), relating to inapplicability of a requirement for procurement notice. (c) Waiver of Requirements.--(1) To carry out the pilot program under this section, the head of an agency may waive-- (A) any provision of the Federal Acquisition Regulation that is not required by statute; and (B) any provision of the Federal Acquisition Regulation that is required by a provision of law described in paragraph (2), the waiver of which the head of the agency determines in writing to be necessary to carry out the pilot program. (2) The provisions of law referred to in paragraph (1) are as follows: (A) Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416). (B) Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637). (d) Limitations.--(1) The head of an agency authorized to participate in the pilot program may carry out not more than one project under the program and may enter into not more than three contracts to carry out the project. (2) A project carried out under this section shall be approved by the Administrator in consultation with the Assistant to the President for Homeland Security and the multiagency technical assistance team established under section 40(c) of the Office of Federal Procurement Policy Act (as added by section 1). (e) Criteria for Evaluating Results.--The head of an agency participating in the pilot program under this section shall establish measurable mission-related criteria for evaluating the results of a project under the program. Such agency head shall, as soon as practicable after the completion of the project, report to the Administrator on the lessons learned from the project. The Administrator shall share the results of, and reports on, all the projects carried out under this section with the heads of other agencies that carry out responsibilities with respect to homeland security. (f) Prohibition Against Discrimination Against Small Business Concerns.--This section shall be applied in a manner that does not discriminate against small business concerns (within the meaning of such term as used in the Small Business Act (15 U.S.C. 632 et seq.)) or any type of small business concern.", "summary": "Amends the Office of Federal Procurement Policy Act to direct the Administrator for Federal Procurement Policy to establish a Government-wide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack.Requires the Administrator to: (1) issue agency announcements seeking innovative solutions to advance defense against or recovery from such an attack; (2) convene a multiagency technical assistance team to assess feasibility, scientific and technical merits, and estimated costs and submit each proposal to each executive agency whose mission most coincides with the proposal's subject matter; and (3) provide monetary awards in recognition of unique and innovative solutions.Directs the Administrator to establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may test: (1) the innovative use of streamlined acquisition authorities and procedures; and (2) the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using commercial, off-the-shelf items and commercially available services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Medicare Payment Fraud Act of 2009''. SEC. 2. EXTENSION OF NUMBER OF DAYS IN WHICH MEDICARE CLAIMS ARE REQUIRED TO BE PAID IN ORDER TO PREVENT OR COMBAT FRAUD, WASTE, OR ABUSE. (a) Part A Claims.--Section 1816(c)(2) of the Social Security Act (42 U.S.C. 1395h(c)(2)) is amended-- (1) in subparagraph (B)(ii)(V), by striking ``with respect'' and inserting ``subject to subparagraph (D), with respect''; and (2) by adding at the end the following new subparagraph: ``(D)(i) Upon a determination by the Secretary that there is a likelihood of fraud, waste, or abuse involving a particular category of providers of services or suppliers, categories of providers of services or suppliers in a certain geographic area, or individual providers of services or suppliers, the Secretary shall extend the number of calendar days described in subparagraph (B)(ii)(V) to-- ``(I) up to 365 calendar days with respect to claims submitted by-- ``(aa) categories of providers of services or suppliers; or ``(bb) categories of providers of services or suppliers in a certain geographic area; or ``(II) such time that the Secretary determines is necessary to ensure that the claims with respect to individual providers of services or suppliers are clean claims. ``(ii) During the extended period of time under subclauses (I) and (II) of clause (ii), the Secretary shall engage in heightened scrutiny of claims, such as prepayment review and other methods the Secretary determines to be appropriate. ``(iii) Not later than 90 days after the date of enactment of this subparagraph and not less than annually thereafter, the Inspector General of the Department of Health and Human Services shall submit to the Secretary a report containing recommendations with respect to the application of this subparagraph and section 1842(c)(2)(D). Not later than 60 days after receiving such a report, the Secretary shall submit to the Inspector General a written response to the recommendations contained in the report. ``(iv) There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the implementation of this subparagraph by the Secretary.''. (b) Part B Claims.--Section 1842(c)(2) of the Social Security Act (42 U.S.C. 1395u(c)(2)) is amended-- (1) in subparagraph (B)(ii)(V), by striking ``with respect'' and inserting ``subject to subparagraph (D), with respect''; and (2) by adding at the end the following new subparagraph: ``(D)(i) Upon a determination by the Secretary that there is a likelihood of fraud, waste, or abuse involving a particular category of providers of services or suppliers, categories of providers of services or suppliers in a certain geographic area, or individual providers of services or suppliers, the Secretary shall extend the number of calendar days described in subparagraph (B)(ii)(V) to-- ``(I) up to 365 calendar days with respect to claims submitted by-- ``(aa) categories of providers of services or suppliers; or ``(bb) categories of providers of services or suppliers in a certain geographic area; or ``(II) such time that the Secretary determines is necessary to ensure that the claims with respect to individual providers of services or suppliers are clean claims. ``(ii) During the extended period of time under subclauses (I) and (II) of clause (ii), the Secretary shall engage in heightened scrutiny of claims, such as prepayment review and other methods the Secretary determines to be appropriate. ``(iii) There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the implementation of this subparagraph by the Secretary.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the day that is 6 months after the date of the enactment of this Act. (2) Expediting implementation.--The Secretary shall promulgate regulations to carry out the amendments made by this section which may be effective and final immediately on an interim basis as of the date of publication of the interim final regulation. If the Secretary provides for an interim final regulation, the Secretary shall provide for a period of public comment on such regulation after the date of publication. The Secretary may change or revise such regulation after completion of the period of public comment.", "summary": "Fighting Medicare Payment Fraud Act of 2009 - Amends title XVIII (Medicare) to require the Secretary of Health and Human Services (HHS) to extend to up to 365 calendar days for particular categories of service providers or suppliers the number of days in which Medicare claims are required to be paid in order to ensure that they are clean claims. Limits such extension to categories of service providers or suppliers, such categories in a certain geographic area, or individual service providers or suppliers about which the Secretary has determined that there is a likelihood of fraud, waste, or abuse involving them."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Vaccine Accessibility for Children and Seniors Act of 2005'' or the ``VACS Act of 2005''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds as follows: (1) Vaccines represent one of the most significant public health advances in history. They have saved millions of lives and prevented millions of disabilities. (2) Vaccines are now available for preventing once common childhood diseases, such as polio, chicken pox, and measles, and for preventing diseases responsible for high rates of sickness and death among adults, including influenza, pneumonia, and hepatitis. (3) Vaccines reduce future medical costs and prevent the need for more expensive drugs. Vaccines not only provide a health benefit to the individual receiving the vaccine, they benefit others in the community by reducing their chances of exposure to a disease. (4) The threat of litigation, coupled with the high cost of manufacturing a vaccine, has forced many manufacturers to limit or cease production of life-saving vaccines. (5) In 1967, there were 26 companies in the United States making these vital vaccines. A litigation crisis in the 1980's drove many companies away from the vaccine business. Today, there are only 4 companies that make the vast majority of vaccines used in the United States, making the system fragile and limiting access to vaccines. (6) In October 2004, the Secretary of Health and Human Services announced a flu vaccine shortage in the United States. The Secretary indicated that the souring of the vaccine manufacturing marketplace was due, in part, to ``costly liability lawsuits''. (7) The Congress intervened in 1986 by creating a no-fault compensation system called the National Vaccine Injury Compensation Program, which was intended to lower the legal risk to vaccine manufacturers, encourage a stable supply of vaccine, and ensure that injured patients are rapidly and appropriately compensated. (8) Under the National Vaccine Injury Compensation Program, individuals who believe they have been injured by a vaccine may file a claim in the United States Court of Federal Claims. If found eligible, they can receive unlimited economic damages for medical expenses, rehabilitation expenses, and lost earnings, as well as pain and suffering damages subject to a $250,000 cap. Over 1,800 claims have been paid totaling over $1,500,000,000 for vaccine-related injuries and complications under the National Vaccine Injury Compensation Program, with many awards amounting to more than $1,000,000 each, and some as high as $7,500,000. (9) Notwithstanding the intent of the National Vaccine Injury Compensation Program, vaccine companies still face significant and expensive litigation exposure, in part, because-- (A) the National Vaccine Injury Compensation Program allows all individuals to ``opt out'' of this system and pursue individual and class action lawsuits in State and Federal courts; (B) trial attorneys continually seek to bypass the the Program and elect to go to trial by alleging that a particular vaccine is not covered under the Program, or that the Program does not apply to certain preservatives, components, or ingredients of any such vaccine; and (C) the Program does not preclude an individual who is otherwise ineligible to file a claim under the Program (such as family members of injured individuals) from pursuing civil litigation. (10) To ensure that litigation involving federally approved vaccines is based on valid scientific evidence and does not undermine the Federal public health policy of creating and developing life saving vaccines, it is imperative that any litigation involving vaccines, and related preservatives, ingredients, and components, that takes place outside of the National Vaccine Injury Compensation Program shall take place exclusively in the district courts of the United States, where all procedures and expert testimony shall be subject to the rules and requirements set forth by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993). (11) To ensure that injured patients with legitimate claims are more rapidly and fairly compensated by the National Vaccine Injury Compensation Program in a less adversarial manner so as to avoid the need for traditional civil litigation, it is imperative that the Secretary of Health and Human Services and the Attorney General of the United States, in consultation with the Advisory Commission on Childhood Vaccines, jointly study and submit a report to the Congress within one year regarding their recommendations. (b) Purposes.--The purposes of this Act are to-- (1) establish reasonable legal reforms that will facilitate the manufacture of vital, life-saving vaccines; (2) establish certain legal rules and procedures to better assure that litigation involving federally approved vaccines is based on valid scientific evidence; (3) discourage frivolous litigation; and (4) ensure that injured patients are rapidly and fairly compensated in the appropriate forum. SEC. 3. FEDERAL COURT REMEDY. Section 2122 of the Public Health Service Act (42 U.S.C 300aa-22) is amended by striking subsection (a) and inserting the following: ``(a) Federal Cause of Action.-- ``(1) In general.--There shall exist a Federal cause of action for claims arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988. The substantive law for decision in any such action shall be derived from this section and, unless inconsistent with or preempted by Federal law, from the law, including choice of law principles, of the State in which such vaccine was administered. Except for a proceeding for compensation under the National Vaccine Injury Compensation Program, the cause of action established by this paragraph shall constitute the exclusive cause of action or remedy for any vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, including any related injury or loss sustained by any person (including any relative or other third party). ``(2) Jurisdiction.--Except for a proceeding in the United States Court of Federal Claims pursuant to section 2112, the district courts of the United States shall have original and exclusive jurisdiction over all actions for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, including any related injury or loss sustained by any person (including any relative or other third party). If any civil action subject to this section is brought or is pending in a State court, and the action is not dismissed by the State court, the action may be removed at any time before final judgment by any defendant to the district court of the United States for the district and division embracing the place where such action is pending. An order remanding an action removed pursuant to this subsection is an appealable order. Except as provided herein, the removal of any such action shall proceed in accordance with sections 1446 through 1451 of title 28, United States Code. ``(3) State actions.--All State causes of action for damages arising from, or equitable relief relating to, a vaccine-related injury or death associated with a vaccine administered after October 1, 1988, including for any related injury or loss sustained by any person (including any relative or other third party) are hereby preempted. ``(4) Vaccine defined.--For purposes of this section, the term `vaccine' includes any preservative, ingredient, or component of a vaccine.''. SEC. 4. SANCTIONS FOR FRIVOLOUS VACCINE LITIGATION; 3-STRIKES RULE FOR SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE RULE 11 VIOLATIONS. (a) Mandatory Suspension.--Whenever a district court of the United States in connection with an action for damages arising from a vaccine- related injury or death associated with a vaccine administered after October 1, 1988 (in this section referred to as a ``vaccine suit''), determines that an attorney has violated Rule 11 of the Federal Rules of Civil Procedure, the court shall determine the number of times that the attorney has violated that rule in connection with a vaccine suit in that district court during that attorney's career. If the court determines that the number is 3 or more, the district court of the United States-- (1) shall suspend that attorney from the practice of law in that district court for 1 year; and (2) may suspend that attorney from the practice of law in that district court for any additional period that the court considers appropriate. (b) Appeal; Stay.--An attorney has the right to appeal a suspension under subsection (a). While such an appeal is pending, the suspension shall be stayed. (c) Reinstatement.--To be reinstated to the practice of law in a district court of the United States after completion of a suspension under subsection (a), the attorney must first petition the court for reinstatement under such procedures and conditions as the court may prescribe. SEC. 5. TRIAL PROCEDURE. (a) In General.--Section 2123 of the Public Health Service Act (42 U.S.C. 300aa-23) is amended-- (1) in subsection (a)-- (A) by striking ``three'' and inserting ``four''; and (B) by inserting ``, including any related injury or loss sustained by any person (including any relative or other third party),'' after ``the effective date of this part''; (2) by redesignating subsections (b), (c), (d) and (e) as subsections (c), (d), (e) and (f); (3) by inserting after subsection (a) the following: ``(b) Causation in Fact.--The first stage of such civil action shall be held to determine whether competent and reliable scientific evidence demonstrates that the plaintiff's alleged vaccine-related injury or death was caused in fact by the vaccine.''; (4) in subsection (c) (as so redesignated), by striking ``The first'' and inserting ``If the trier of fact finds that the alleged vaccine-related injury or death was caused in fact by the vaccine, a second''; (5) in subsection (d) (as so redesignated), by striking ``second'' and inserting ``third''; and (6) in subsection (e) (as so redesignated), by striking ``third'' and inserting ``fourth''. (b) Conforming Amendment.--Subparagraph (A) of section 2122(b)(2) of the Public Health Service Act (42 U.S.C. 300aa-22) is amended by striking ``2123(d)(2)'' and inserting ``2123(e)(2)''. SEC. 6. TRANSITION RULES. (a) Notice.--If on the date of the enactment of this Act, any State law claim for damages arising from, or equitable relief relating to, a vaccine-related injury or death associated with a vaccine administered after October 1, 1988, including any related injury or loss sustained by any person (including any relative or other third party), is pending in any State or Federal court prior to the entry of final judgment, the plaintiff may, within 30 days of such date of enactment, file a notice with the court in which the claim is pending electing to treat the State law claim as a Federal law claim arising under section 2122 of the Public Health Service Act, as amended by section 3, and subject to the amendments made by this Act. (b) Failure to File Notice.--If no notice is filed for a claim described in subsection (a) within the 30-day period described in such subsection, and the claim is pending in State court, the claim shall be dismissed with prejudice. (c) Notice Filed.--If a notice is filed for a claim described in subsection (a) within such 30-day period described in such subsection, and the claim is pending in State court prior to the entry of final judgment, any plaintiff or defendant may remove the action to the district court of the United States for the district and division embracing the place where such action is pending by filing a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served or previously filed in such action. Promptly after the filing of such notice of removal, the removing party shall give written notice thereof to all other parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal, and the State court shall proceed no further unless the case is remanded. An order remanding an action removed pursuant to this subsection is an appealable order. Except as provided herein, the removal of any such action shall proceed in accordance with sections 1446 through 1451 of title 28, United States Code. If a case is not properly removed within 40 days of the date of the enactment of this Act, any claim subject to subsection (a) that remains pending in State court or that is remanded to State court shall be promptly dismissed with prejudice. SEC. 7. STUDY AND REPORT. (a) Findings.--The Congress finds as follows: (1) The Congress intended the National Vaccine Injury Compensation Program to be a flexible, no-fault, less adversarial system to handle claims in a quick, easy, and generous manner so as to avoid the need the for civil litigation, and to avoid the rancor and substantial delays often associated with traditional litigation. (2) Although the National Vaccine Injury Compensation Program maintains it has an excellent record of promptly and appropriately compensating valid claims, recent reports of some individuals seeking compensation under the Program allege that some legitimate claims have taken 5 to 10 years to resolve, the process has become more adversarial, the Program has made claims harder to prove, and the process has drifted toward full-blown litigation and away from Congress' intent as a positive alternative to tort litigation. (b) Study.--After considering the findings in subsection (a), and after consulting with the Advisory Commission on Childhood Vaccines, the Secretary of Health and Human Services and the Attorney General of the United States shall, not later than 1 year after the date of the enactment of this Act, jointly submit a report to the appropriate committees of the Congress concerning their recommendations to ensure that injured patients with legitimate claims are rapidly and appropriately compensated in a less adversarial manner.", "summary": "Vaccine Accessibility for Children and Seniors Act of 2005 or the VACS Act of 2005 - Establishes an exclusive Federal cause of action for claims arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, except for a compensation proceeding under the National Vaccine Injury Compensation Program (the Program). Preempts all State actions for damages arising from such an injury or death. Defines \"vaccine\" to include any preservative, ingredient, or component of a vaccine. Requires a district court to suspend an attorney from the practice of law in such court for one year if the attorney has violated the Federal Rules of Civil Procedure requiring the attorney to certify the validity of claims filed in connection with a vaccine suit three times during that attorney's career. Allows the court to suspend the attorney for any additional period that the court considers appropriate. Amends Federal vaccine civil trial procedures to insert a new first stage to determine whether competent and reliable scientific evidence demonstrates that the plaintiff's alleged vaccine-related injury or death was caused in fact by the vaccine. Requires the dismissal with prejudice or removal to a Federal court of all pending State vaccine cases. Requires the Secretary of Health and Human Services and the Attorney General to jointly submit a report to Congress concerning recommendations to ensure that injured patients with legitimate claims are rapidly and appropriately compensated through the Program in a less adversarial manner."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Public Alert and Warning System Modernization Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) numerous technologies exist to enable the Federal Government to vastly enhance its public alert and warning system; (2) the potential benefits of these enhancements include-- (A) greater security, survivability, and redundancy of the system; (B) an improved ability to notify remote locations; (C) the ability to geographically target and deliver alerts and warnings to multiple devices; and (D) the ability to allow individuals to request specific alerts and warnings; (3) a modern, integrated public alert and warning system will better enable government officials to provide civilian populations with timely and effective warnings of disasters, such as the devastating tornados and floods in the Midwest in 2008; and (4) the Federal Government should modernize its alert and warning system to improve its ability to alert the residents of the United States of all potential hazards under all conditions. SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) In General.--Section 202 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5132) is amended by adding at the end the following: ``(e) Integrated Public Alert and Warning System Modernization.-- ``(1) In general.--In order to provide timely and effective disaster warnings under this section, the President, acting through the Director of the Federal Emergency Management Agency, shall-- ``(A) modernize the integrated public alert and warning system of the United States (in this section referred to as the `public alert and warning system') to ensure that the President under all conditions can alert and warn governmental authorities and the civilian population in areas endangered by disasters; and ``(B) implement the public alert and warning system. ``(2) Implementation requirements.--In carrying out paragraph (1), the Director shall-- ``(A) assign to the National Continuity Programs Directorate, or its successor, responsibility for advising the Director on the modernization and implementation of the public alert and warning system; ``(B) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; ``(C) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; ``(D) include in the public alert and warning system the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; and ``(E) ensure the conduct of training, tests, and exercises for the public alert and warning system. ``(3) System requirements.--The public alert and warning system shall-- ``(A) incorporate multiple communications technologies; ``(B) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; ``(C) be designed to provide alerts to the largest portion of the affected population feasible and improve the ability of remote areas to receive alerts; ``(D) promote local and regional public and private partnerships to enhance community preparedness and response; and ``(E) provide redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device. ``(4) Pilot programs.-- ``(A) In general.--The Director shall conduct pilot programs for the purpose of demonstrating the feasibility of using a variety of methods for achieving the system requirements specified in paragraph (3). ``(B) Report.--Not later than 6 months after the date of enactment of this subsection, and annually thereafter for the duration of the pilot programs, the Director shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing-- ``(i) a description and assessment of the effectiveness of the pilot programs; ``(ii) any recommendations of the Director for additional authority to continue the pilot programs or make any of the programs permanent; and ``(iii) any other findings and conclusions of the Director with respect to the pilot programs. ``(5) Implementation plan.--Not later than 6 months after the date of enactment of this subsection, the Director shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a detailed plan for implementing this subsection. The plan shall include a timeline for implementation, a spending plan, and recommendations for any additional authority that may be necessary to fully implement this subsection. ``(6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $37,000,000 for fiscal year 2009 and such sums as may be necessary for each fiscal year thereafter.''. (b) Limitation on Statutory Construction.--Nothing in this Act (including the amendment made by this Act) shall be construed to affect the authority of the Department of Commerce or the Federal Communications Commission.", "summary": "Integrated Public Alert and Warning System Modernization Act of 2008 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President, acting through the Director of the Federal Emergency Management Agency (FEMA), to: (1) modernize and implement the integrated U.S. public alert and warning system to ensure that the President can alert governmental authorities and the civilian population in areas endangered by disasters under all conditions; (2) assign to the National Continuity Programs Directorate responsibility for advising on system modernization and implementation; (3) establish or adopt common alerting and warning protocols, standards, terminology, and operating procedures; (4) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences and to alert individuals with disabilities or limited English proficiency; and (5) ensure the conduct of training, tests, and exercises. Requires the system to: (1) incorporate multiple communications technologies; (2) be designed to adapt to and incorporate future technologies for communicating directly with the public; (3) be designed to provide alerts to the largest portion of the affected population feasible and improve the ability of remote areas to receive alerts; (4) promote local and regional partnerships to enhance community preparedness and response; and (5) provide redundant alert mechanisms. Requires the Director to conduct pilot programs to demonstrate the feasibility of using a variety of methods for achieving system requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy School Meals Act of 2010''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) National Health and Nutrition Examination Surveys (1976-1980 and 2003-2006) conducted for the Centers for Disease Control and Prevention show that obesity prevalence increased from 5.0 percent to 12.4 percent in children aged 2 to 5 years, from 6.5 percent to 17.0 percent in those aged 6-11 years and from 5.0 percent to 17.6 percent in those aged 12 to 19 years. (2) A 2007 Department of Agriculture School Nutrition Dietary study found that an estimated 70 percent of schools serve meals that exceed recommended levels of saturated fat, which is linked to heart disease and other obesity-related chronic diseases, such as diabetes and some cancers. (3) The Centers for Disease Control and Prevention predicts one in three children born in the year 2000 will develop diabetes in his or her life. (4) A Yale University study of overweight and obese children found higher than normal blood sugar. Twenty-five percent of children age 4 to 10 had impaired glucose tolerance, suggesting diabetes may soon occur. (5) Healthy school meals are essential for protecting children from weight problems and other diet-related conditions; meals too high in fat and calories are found to contribute to weight and health problems. (6) The Department of Agriculture's National Nutrient Database lists vegetables, fruits, whole grains, and legumes as being extremely low in saturated fat and containing no cholesterol. (7) The American Medical Association and the American Public Health Association have passed resolutions calling for plant-based foods including vegetables, fruits, legumes, grains, and healthful dairy alternative beverages to be included in school meals. (8) A rapidly increasing number of families in the United States opt for plant-based meals for health, ethical, or religious reasons. (9) The July 2009 Journal of the American Dietetic Association published an official position paper of the American Dietetic Association which concluded that plant-based diets are nutritionally adequate for everyone, including children, and provide health benefits when compared to other eating patterns. (10) Studies have shown that the bioavailability of calcium from soymilk fortified with calcium carbonate is equivalent to cow's milk. (11) The Department of Agriculture includes fruits, vegetables, whole grains, and legumes in its commodities program, but these essential ingredients to healthy meals are often underutilized or unavailable to many schools. (12) Access to healthful plant-based school lunch options is essential to improving the health of America's children. (b) Purpose.--The purpose of this Act is to improve the health of America's schoolchildren by raising the nutritional quality of food through the promotion of plant-based meals and healthful dairy alternative beverages in schools. SEC. 3. DEFINITIONS. In this Act: (1) Plant-based alternate protein product.--The term ``plant-based alternate protein product'' means an alternate protein product that-- (A) meets the nutritional requirements described in appendix A to part 210 of title 7 of the Code of Federal Regulations (as in effect on the date of the enactment of this Act); and (B) contains no animal-based foods, products, or byproducts. (2) Plant-based meat alternate.--The term ``plant-based meat alternate'' means a meat alternate that-- (A) meets the nutritional requirements described in paragraph (k)(1) of part 210.10 of title 7 of the Code of Federal Regulations (as in effect on the date of the enactment of this Act); and (B) contains no animal-based foods, products, or byproducts. (3) Plant-based entree.--The term ``plant-based entree'' means a combination of foods or a single food item offered as a main course that-- (A) meets the nutritional requirements described in part 210.10 of title 7 of the Code of Federal Regulations (as in effect on the date of the enactment of this Act) as a meat alternate for food-based menu planning or protein requirement for nutrient-based menu planning for lunches that are reimbursable under the Richard B. Russell National School Lunch Act (20 U.S.C. 1751 et seq.); and (B) contains no animal-based foods, products, or byproducts. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Substitute for fluid milk.--The term ``substitute for fluid milk'' means a nondairy fluid milk that is nutritionally equivalent to fluid dairy milk and meets the nutritional standards established by the Secretary, which shall include fortification of calcium, 6 or more grams of protein per 8- ounce serving, vitamin A, vitamin D, magnesium, phosphorus, potassium, riboflavin, and vitamin B12 to levels found in fluid dairy milk. SEC. 4. HEALTHY SCHOOL MEALS PILOT PROGRAM. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall select school food authorities to participate in a pilot program that evaluates the use of plant-based alternate protein products and substitute for fluid milk products under the school meal programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (b) Selection and Program Requirements.-- (1) Selection requirements.--The Secretary shall select school food authorities to participate in the pilot program under this section that are nationally representative of school food authorities in terms of size, geographic location, and socioeconomic levels of students served. (2) Program requirements.--In addition to the commodities delivered under section 6(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall deliver to the school food authorities selected to participate in the pilot program under this section, at no cost to the school food authorities, plant-based alternate protein products and substitute for fluid milk products for schools under the jurisdiction of such school food authorities for the preparation of daily meals under-- (A) the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (B) the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (c) Evaluation.--Not later than 24 months after the date of the enactment of this Act the Secretary shall evaluate the pilot program conducted under this section to assess-- (1) which plant-based alternate protein products and substitute for fluid milk products are superior with regard to-- (A) cost-effectiveness; (B) marketability to school food authorities; (C) ease of preparation and use; and (D) acceptance by children participating in the school meal programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (2) any other factors and outcomes associated with increasing the availability of plant-based alternate protein products and substitute for fluid milk products in schools, as determined by the Secretary. (d) Funds.--Not later than October 15, 2011, out of the funds in the Treasury not otherwise appropriated, the Secretary of Treasury shall transfer to the Secretary of Agriculture $4,000,000 to carry out this section. The Secretary of Agriculture shall be entitled to receive the funds and shall accept the funds, without further appropriation. SEC. 5. PURCHASE OF PLANT-BASED COMMODITIES. (a) Purchase of Plant-Based Commodities.--Not later than 24 months after the date of the enactment of this Act, in addition to the commodities delivered under section 6(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall deliver plant-based alternate protein products and substitute for fluid milk products that are determined to be superior according to the findings of the evaluation conducted under section 4(c) for use in-- (1) the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (2) the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (b) Training.--The Secretary shall provide training materials to schools and school food authorities on the nutritional benefits and preparation of plant-based meat alternates and alternate protein product commodities for schoolchildren. SEC. 6. COMMODITY ASSISTANCE FOR PLANT-BASED OPTIONS. (a) Rules.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall promulgate rules that-- (1) based on the most recent Dietary Guidelines published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), reflect specific recommendations, expressed in serving recommendations, for increased consumption of plant-based foods, including plant- based meat alternates and plant-based entrees, in school nutrition programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and (2) provide for the distribution-- (A) to any school food authority in which at least two-thirds of the students served by the authority are offered a plant-based entree as a menu item on each daily school lunch menu, supplemental commodity assistance or cash in lieu thereof under section 14 of the Richard B. Russell National School Lunch Act 42 U.S.C. 1762a) that-- (i) is not less than 25 percent of the total commodity assistance or cash in lieu thereof provided to the school food authority during the preceding school year; and (ii) shall be used by the authority to purchase entirely plant-based commodity food products or substitute for fluid milk products; (B) to each State educational agency in which a school food authority receives supplemental commodity assistance or cash in lieu thereof pursuant to paragraph (1), not more than 5 percent of such assistance or cash; and (C) of increased levels of supplemental commodity assistance or cash in lieu thereof to school food authorities pursuant to paragraph (1) as school food authorities increase the number of students who are offered a plant-based entree as a menu item on each daily school lunch menu. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 7. SUBSTITUTE FOR FLUID MILK. (a) Amendments.--Section 9(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1958(a)(2)(A)) is amended to read as follows: ``(2) Fluid milk.-- ``(A) In general.--Lunches served by schools participating in the school lunch program under this Act-- ``(i) shall offer students fluid milk in a variety of fat contents; and ``(ii) may offer students flavored and unflavored fluid milk, lactose-free fluid milk, and a nondairy substitute for fluid milk. ``(B) Substitutes.-- ``(i) Standards for substitution.--A school shall substitute for the fluid milk provided under subparagraph (A)(i), a nondairy beverage that is nutritionally equivalent to fluid milk and meets nutritional standards established by the Secretary (which shall, among other requirements to be determined by the Secretary, include fortification of calcium, vitamin A, vitamin D, magnesium, phosphorus, potassium, riboflavin, and vitamin B12 to levels found in fluid dairy milk, and not less than 6 grams of protein per 8-ounce serving) for students who cannot consume fluid milk because of a disability or medical or other special dietary need. ``(ii) Excess expenses borne by school food authority.--Expenses incurred in providing substitutions under this subparagraph that are in excess of expenses covered by reimbursements under this chapter shall be paid by the school food authority.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act.", "summary": "Healthy School Meals Act of 2010 - Directs the Secretary of Agriculture to select school food authorities to participate in a pilot program evaluating the use of plant-based alternate protein products and fluid milk substitutes under the school lunch and breakfast programs. Directs the Secretary to: (1) deliver plant-based alternate protein products and fluid milk substitutes to such food authorities at no cost for the preparation of meals under the school lunch and breakfast programs; and (2) assess which of such foods would be best for more general use in the school lunch and breakfast programs, and deliver them for general use under such programs, within two years of this Acts' enactment. Requires the Secretary, within two years of this Act's enactment, to promulgate regulations that: (1) reflect specific recommendations for increased consumption of plant-based foods; and (2) provide for the distribution of supplemental commodity assistance or cash in lieu thereof to states and certain school food authorities that offer a plant-based entree on their daily lunch menus, for the purchase of entirely plant-based commodity food products or fluid milk substitutes. Requires schools participating in the school lunch program to serve a nondairy beverage that is nutritionally equivalent to fluid milk and meets certain nutritional standards to students who cannot consume fluid milk because of a disability or medical or other special dietary need. (Eliminates the requirement that students who cannot consume fluid milk due to a disability provide schools with a statement from a physician that identifies such disability and specifies the fluid milk substitute.)"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the agreement entitled ``Fish Springs Ranch Water Rights Settlement Agreement'' and dated May 20, 2007 (including any amendments and exhibits to that agreement). (2) Environmental impact statement.--The term ``environmental impact statement'' means the final environmental impact statement for the North Valleys Rights-of- Way Projects prepared by the Bureau of Land Management (70 Fed. Reg. 68473). (3) Final payment date.--The term ``final payment date'' means the date on which Fish Springs pays to the Tribe the final installment amount, as provided in the Agreement. (4) Fish springs.--The term ``Fish Springs'' means the Fish Springs Ranch, LLC, a Nevada limited liability company (or a successor in interest). (5) Project.-- (A) In general.--The term ``Project'' means the project for pumping and transfer by Fish Springs of not more than 8,000 acre-feet of groundwater per year, as described in the environmental impact statement and the record of decision. (B) Inclusion.--The term ``Project'' includes the pumping and transfer of not more than 5,000 acre-feet of groundwater per year (in addition to the acre-feet referred to in subparagraph (A)) in accordance with the Agreement, including the acquisition by Fish Springs of the rights and approval to pump that groundwater in accordance with Federal and State law. (C) Exclusions.--The term ``Project'' does not include-- (i) the project proposed by Intermountain Water Supply, Ltd., and described in the environmental impact statement; or (ii) any other project or activity not otherwise specified in this Act. (6) Record of decision.--The term ``record of decision'' means the public record of the decision of the District Manager of the Bureau of Land Management for the State of Nevada issued on May 31, 2006, regarding the environmental impact statement and the Project. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Tribe.--The term ``Tribe'' means the Pyramid Lake Paiute Tribe of Indians organized under section 16 of the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 476). SEC. 3. RATIFICATION OF AGREEMENT. (a) In General.--Except as provided in subsection (c), and except to the extent that a provision of the Agreement conflicts with this Act, notwithstanding any other provision of Federal or tribal law, the Agreement is ratified. (b) Execution of Agreement.--The Secretary shall execute the obligations of the Secretary under the Agreement (including any exhibit to the Agreement requiring the signature of the Secretary) in accordance with this Act. (c) Exceptions.-- (1) Choice of law.--Notwithstanding any provision of the Agreement, the Agreement and this Act shall be governed by applicable Federal law and Nevada State law. (2) Waiver and retention of claims.--Notwithstanding any provision of the Agreement, any waiver or retention of a claim by the Tribe or the United States on behalf of the Tribe relating to the Agreement shall be carried out in accordance with section 4. (d) Environmental Compliance.-- (1) No major federal action.--The execution of the Agreement by the Secretary pursuant to this Act shall not be considered to be a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Compliance activities.--The Secretary shall carry out all required Federal environmental compliance activities in executing the Agreement. (e) Compliance With Applicable Law.--This section and the Agreement shall be considered to be in accordance with all applicable requirements of section 2116 of the Revised Statutes (25 U.S.C. 177). SEC. 4. WAIVER AND RELEASES OF CLAIMS. (a) Release of Claims Against Fish Springs.--In executing the Agreement pursuant to this Act, the Tribe and the Secretary, acting on behalf of the Tribe, shall waive and release all claims against Fish Springs-- (1) for damage, loss, or injury to water rights or claims of interference with or diversion or taking of water rights (including claims for injury to land resulting from such a damage, loss, injury, interference, diversion, or taking under the Agreement) relating to the use of water by Fish Springs under the Agreement for the Project; or (2) relating in any manner to the negotiation or adoption of the Agreement. (b) Release of Claims Against United States.--In carrying out the Agreement, the Tribe shall waive and release any claim of the Tribe against the United States (including all employees and agents of the United States) relating in any manner to-- (1) damage, loss, or injury to water, water rights, land, or any other resource due to loss of water or water rights (including damage, loss, or injury to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with or diversion or taking of water or water rights, and claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) due to use of water by Fish Springs under the Agreement for the Project; (2) the record of decision, the environmental impact statement, or the Agreement; or (3) the negotiation, execution, or adoption of the Agreement or this Act, including-- (A) the use by the Tribe of funds paid to the Tribe under the Agreement; and (B) the acquisition and use by the Tribe of land under the Agreement. (c) Effectiveness of Waivers and Releases.-- (1) Claims against fish springs.--The waivers and releases under subsection (a) shall take effect on the final payment date. (2) Claims against united states.--A waiver or release under subsection (b) shall take effect on the date on which the Tribe executes the waiver or release. (d) Retention of Claims by United States and Tribe.--The Tribe and the Secretary, acting on behalf of the Tribe, shall retain-- (1) all claims for enforcement of the Agreement or this Act through such legal and equitable remedies as are available in the appropriate United States court; (2) subject to the right of Fish Springs to carry out the Project, the right to assert and protect any right of the Tribe to surface or groundwater or any other trust resource; (3) all rights to claim or acquire a water right in accordance with applicable law, and to use and protect any water right acquired after the date of enactment of this Act, that is not in conflict with the Agreement and this Act; (4) all claims relating to activities affecting the quality of water, including any claim of the Tribes under-- (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including claims for damages to natural resources); (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or (D) a regulation implementing an Act referred to in subparagraphs (A) through (C); and (5) all rights, remedies, privileges, immunities, and authorities not specifically waived and released pursuant to this Act. SEC. 5. SATISFACTION OF CLAIMS. The benefits provided to the Tribe under the Agreement and this Act shall be considered to be full satisfaction of all claims of the Tribe and the United States waived and released pursuant to section 4. SEC. 6. BENEFICIARIES TO AGREEMENT. (a) Requirement.--The parties to the Agreement shall be the only beneficiaries of the Agreement. (b) Prohibition.--Nothing in the Agreement or this Act provides to any individual or entity third-party beneficiary status relating to the Agreement. SEC. 7. JURISDICTION. A civil action relating to the enforcement of the Agreement shall be filed in the United States District Court for the District of Nevada. SEC. 8. MISCELLANEOUS PROVISIONS. (a) Truckee-Carson-Pyramid Lake Water Rights Settlement Act.-- Nothing in this Act affects any right or interest recognized or established in the Truckee-Carson-Pyramid Lake Water Rights Settlement Act (Public Law 101-618; 104 Stat. 3294). (b) No Establishment of Standard.--Nothing in this Act establishes a standard for the quantification of a Federal reserved water right or any other claim of an Indian tribe other than the Tribe in any other judicial or administrative proceeding. (c) Other Claims.--Nothing in the Agreement or this Act quantifies or otherwise adversely affects any water right, claim or entitlement to water, or any other right of any Indian tribe, band, or community other than the Tribe. SEC. 9. NULLIFICATION DATE. If the Tribe fails to execute any waiver or release described in section 4(b) by the date that is 90 days after the date of enactment of this Act, the Agreement shall be null and void.", "summary": "Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Act - Ratifies the Fish Springs Ranch Water Rights Settlement Agreement dated May 20, 2007. Sets forth provisions governing the waiver and retention of claims by the Pyramid Lake Paiute Tribe of Indians and the Secretary of the Interior."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Product Liability Reform Act of 1995''. SEC. 2. FEDERAL CAUSE OF ACTION PRECLUDED. This Act does not provide the district courts of the United States with jurisdiction over product liability actions based on section 1331 or 1337 of title 28, United States Code. SEC. 3. APPLICABILITY AND PREEMPTION. (a) Preemption.--This Act governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory for harm caused by a product. A product liability action brought against a manufacturer or product seller for commercial loss shall be governed only by applicable commercial or contract law. (b) Relationship to State Law.--This Act supersedes State law only to the extent that State law applies to an issue covered by this Act. Any issue that is not governed by this Act shall be governed by otherwise applicable State or Federal law. (c) Applicability.--Nothing in this Act shall be construed to-- (1) waive or affect any defense of sovereign immunity asserted by any State under any law; (2) supersede any Federal law, except the Federal Employers Compensation Act and the Longshore and Harbor Workers' Compensation Act; (3) waive or affect any defense of sovereign immunity asserted by the United States; (4) affect the applicability of any provision of chapter 97 of title 28, United States Code; (5) preempt State choice-of-law rules with respect to claims brought by a foreign nation or a citizen of a foreign nation; (6) affect the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or of a citizen of a foreign nation on the ground of inconvenient forum; or (7) supersede any Federal law that prescribes a specific regimen for punitive damages. SEC. 4. LIABILITY RULES APPLICABLE TO PRODUCT SELLERS. (a) General Rule.--Except as provided in subsection (b), in any product liability action, a product seller other than a manufacturer shall be liable to a claimant only if the claimant establishes that-- (1)(A) the product which allegedly caused the harm complained of was sold by the product seller; (B) the product seller failed to exercise reasonable care with respect to the product; and (C) such failure to exercise reasonable care was a proximate cause of the claimant's harm; or (2)(A) the product seller made an express warranty applicable to the product which allegedly caused the harm complained of, independent of any express warranty made by a manufacturer as to the same product; (B) the product failed to conform to the warranty; and (C) the failure of the product to conform to the warranty caused the claimant's harm; or (3) the product seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm complained of by the claimant. For purposes of subparagraph (1)(B), a product seller shall not be considered to have failed to exercise reasonable care with respect to the product based upon an alleged failure to inspect a product where there was no reasonable opportunity to inspect the product in a manner which would, in the exercise of reasonable care, have revealed the aspect of the product which allegedly caused the claimant's harm. (b) Exception.--In a product liability action, a product seller shall be liable for harm to the claimant caused by such product as if the product seller were the manufacturer of such product if-- (1) the manufacturer is not subject to service of process under the laws of any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. SEC. 5. DEFENSE BASED ON CLAIMANT'S USE OF INTOXICATING ALCOHOL OR DRUGS. (a) General Rule.--In any product liability action, it shall be a complete defense to such action if-- (1) the claimant was intoxicated or was under the influence of intoxicating alcohol or any drug; and (2) the claimant, as a result of the influence of the alcohol or drug, was more than 50 percent responsible for the accident or event which resulted in such claimant's harm. (b) Construction.--For purposes of this section-- (1) the determination of whether a person was intoxicated or was under the influence of intoxicating alcohol or any drug shall be made pursuant to applicable State law; and (2) the term ``drug'' means any controlled substance as defined in the Controlled Substances Act (21 U.S.C. 802(6)) that has been taken by the claimant other than in accordance with the terms of a lawfully issued prescription. SEC. 6. SEVERAL LIABILITY FOR NONECONOMIC LOSS. In any product liability action, the liability of each defendant for noneconomic loss shall be several only and shall not be joint. Each defendant shall be liable only for the amount of noneconomic loss attributable to such defendant in direct proportion to such defendant's proportionate share of fault or responsibility for the claimant's harm, as determined by the trier of fact. SEC. 7. STATUTE OF REPOSE. A product liability action shall be barred unless the complaint is served and filed within 15 years after the time of delivery of the product. For the purposes of this section, the term ``time of delivery'' means the time when a product is delivered to its first purchaser or lessee who was not involved in the business of manufacturing or selling such product or using it as a component part of another product to be sold. This section applies only if the harm caused by a product did not include chronic illness and only to claims arising after the date of enactment of this Act. This section does not affect the provisions of the General Aviation Revitalization Act of 1994. SEC. 8. PUNITIVE DAMAGES. (a) General Rule.--Punitive damages may, to the extent permitted by applicable State law, be awarded in any product liability action in any Federal or State court against a defendant if the claimant establishes by clear and convincing evidence that the harm suffered was result of conduct specifically intended to cause harm or conduct manifesting a conscious, flagrant indifference to the safety of those persons who might be harmed by the product for which the action was brought. (b) Proportional Awards.--The amount of punitive damages that may be awarded for a claim in any product liability action subject to this Act shall not exceed 3 times the amount of damages awarded to the claimant for the economic loss on which such claim is based, or $250,000, whichever is greater. This provision shall be applied by the court and shall not be disclosed to the jury. (c) Applicability and Preemption.--Except as provided in section 2, this section shall apply to any product liability action brought in any Federal or State court on any theory where punitive damages are sought. This section does not create a cause of action for punitive damages in any jurisdiction that does not authorize such actions. (d) Bifurcation at Either Party's Request.--At the request of either party, the trier of fact shall consider in a separate proceeding whether punitive damages are to be awarded and the amount of such award. If a separate proceeding is requested, evidence relevant only to the claim of punitive damages, as determined by applicable State law, shall be inadmissible in any proceeding to determine whether compensatory damages are to be awarded. SEC. 9. DEFINITIONS. As used in this Act: (1) The term ``claimant'' means any person who brings a product liability action and any person on whose behalf such an action is brought. If such an action is brought through or on behalf of an estate, the term includes the claimant's decedent. If such action is brought through or on behalf of a minor or incompetent, the term includes the claimant's legal guardian. (2) The term ``clear and convincing evidence'' means that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. The level of proof required to satisfy such standard is more than that required under preponderance of the evidence, but less than that required for proof beyond a reasonable doubt. (3) The term ``commercial loss'' means any loss incurred in the course of the ongoing business enterprise consisting of providing goods or services for compensation. (4) The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (5) The term ``harm'' means any physical injury, illness, disease, or death caused by a product. The term does not include commercial loss or loss or damage to a product itself. (6) The term ``manufacturer'' means-- (A) any person who is engaged in a business to produce, create, make, or construct any product (or component part of a product) and who (i) designs or formulates the product (or component part of the product), (ii) has engaged another person to design or formulate the product (or component part of the product), or (iii) uses the design or formulation of the product developed by another person; (B) a product seller, but only with respect to those aspects of a product (or component part of a product) which are created or affected when, before placing the product in the stream of commerce, the product seller produces, creates, makes, or constructs and designs or formulates, or has engaged another person to design or formulate, an aspect of a product (or component part of a product) made by another; or (C) any product seller not described in subparagraph (B) which holds itself out as a manufacturer to the user of the product. (7) The term ``nominal damages'' means damages not more than $500. (8) The term ``noneconomic loss'' means subjective, nonmonetary loss resulting from harm, including pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation. (9) The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity (including any governmental entity). (10)(A) The term ``product'' means any object, substance, mixture, or raw material in a gaseous, liquid, or solid state-- (i) which is capable of delivery itself or as an assembled whole, in a mixed or combined state, or as a component part or ingredient; (ii) which is produced for introduction into trade or commerce; (iii) which has intrinsic economic value; and (iv) which is intended for sale or lease to persons for commercial or personal use. (B) The term does not include-- (i) human tissue, human organs, human blood, and human blood products; or (ii) electricity, water delivered by a utility, natural gas, or steam. (11) The term ``product liability action'' means a civil action brought on any theory for harm caused by a product. (12) The term ``product seller'' means a person who, in the course of a business conducted for that purpose, sells, distributes, leases, prepares, blends, packages, labels, or otherwise is involved in placing a product in the stream of commerce, or who installs, repairs, or maintains the harm- causing aspect of a product. The term does not include-- (A) a seller or lessor of real property; (B) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill, or services; or (C) any person who-- (i) acts in only a financial capacity with respect to the sale of a product; or (ii) leases a product under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor. (13) The term ``punitive damages'' means damages awarded against any person or entity to punish or deter such person or entity, or others, from engaging in similar behavior in the future. (14) The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Island, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States, or any political subdivision of any of the foregoing. SEC. 10. EFFECTIVE DATE. This Act shall apply with respect to product liability actions which are commenced after the date of the enactment of this Act.", "summary": "Common Sense Product Liability Reform Act of 1995 - Declares that this Act: (1) does not provide U.S. district courts with jurisdiction over product liability actions based on specified provisions of the Federal judicial code; (2) governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory for harm caused by a product, except product liability actions brought against a manufacturer or product seller for commercial losses which shall be governed only by applicable commercial or contract law; and (3) supersedes State law only to the extent that such law applies to an issue covered by this Act. (Sec. 4) Makes a product seller other than a manufacturer liable to a claimant in a product liability action only if the claimant establishes that: (1) the seller sold the product which allegedly caused the harm, the seller failed to exercise reasonable care with respect to the product, and such failure was a proximate cause of the claimant's harm; (2) the seller made an express warranty applicable to the product independent of any express warranty made by a manufacturer, the product failed to conform to the warranty, and such failure caused the claimant's harm; or (3) the seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm complained of by the claimant. Specifies that a product seller shall: (1) not be considered to have failed to exercise reasonable care based upon an alleged failure to inspect a product where there was no reasonable opportunity to inspect the product in a manner which would have revealed the aspect of the product which allegedly caused the claimant's harm; and (2) be liable, in a product liability action, for harm to the claimant caused by such product as if the seller were the manufacturer of such product if the manufacturer is not subject to service of process under the laws of any State in which the action might have been brought, or the court determines that the claimant would be unable to enforce a judgement against the manufacturer. (Sec. 5) Makes it a complete defense to a product liability action that the claimant: (1) was intoxicated or under the influence of intoxicating alcohol or any drug; and (2) as a result of such influence, was more than 50 percent responsible for the accident or event which resulted in such claimant's harm. (Sec. 6) Specifies that in a product liability action the liability of each defendant for noneconomic loss shall be several only and not joint, and that each defendant shall be liable only for the amount of noneconomic loss attributable to such defendant's proportionate share of fault or responsibility for the claimant's harm, as determined by the trier of fact. (Sec. 7) Bars a product liability action unless the complaint is served and filed within 15 years after the time of delivery of the product, with exceptions. (Sec. 8) Authorizes punitive damages, to the extent permitted by applicable State law, in any product liability action in Federal or State court against a defendant if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct specifically intended to cause harm or conduct manifesting a conscious, flagrant indifference to the safety of those persons who might be harmed by the product for which the action was brought. Sets forth provisions regarding: (1) proportional awards; (2) applicability and preemption; and (3) bifurcation of proceedings at either party's request."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Assurance of Rx Transitional Assistance Act of 2004''. SEC. 2. AUTOMATIC ENROLLMENT OF MEDICAID BENEFICIARIES ELIGIBLE FOR MEDICARE PRESCRIPTION DRUG BENEFITS. (a) Automatic Enrollment of Beneficiaries Receiving Medical Assistance for Medicare Cost-Sharing Under Medicaid.--Section 1860D- 14(a)(3)(B)(v) (42 U.S.C. 1395w-114(a)(3)(B)(v)) is amended to read as follows: ``(v) Treatment of medicaid beneficiaries.--Subject to subparagraph (F), the Secretary shall provide that part D eligible individuals who are-- ``(I) full-benefit dual eligible individuals (as defined in section 1935(c)(6)) or who are recipients of supplemental security income benefits under title XVI shall be treated as subsidy eligible individuals described in paragraph (1); and ``(II) not described in subclause (I), but who are determined for purposes of the State plan under title XIX to be eligible for medical assistance under clause (i), (iii), or (iv) of section 1902(a)(10)(E), shall be treated as being determined to be subsidy eligible individuals described in paragraph (1).''. (b) Assurance of Transitional Assistance Under Drug Discount Card Program.-- (1) In general.--Section 1860D-31(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-141(b)(2)(A)) is amended by adding at the end the following new sentence: ``Subject to subparagraph (B), each discount card eligible individual who is described in section 1860D-14(a)(3)(B)(v) shall be considered to be a transitional assistance eligible individual.''. (2) Automatic enrollment of medicaid beneficiaries.-- Section 1860D-31(c)(1) of the Social Security Act (42 U.S.C. 1395w-141(c)(1)) is amended by adding at the end the following new subparagraph: ``(F) Automatic enrollment of certain beneficiaries.-- ``(i) In general.--Subject to clause (ii), the Secretary shall-- ``(I) enroll each discount card eligible individual who is described in section 1860D-14(a)(3)(B)(v), but who has not enrolled in an endorsed discount card program as of August 15, 2004, in an endorsed discount card program selected by the Secretary that serves residents of the State in which the individual resides; and ``(II) notwithstanding paragraphs (2) and (3) of subsection (f), automatically determine that such individual is a transitional assistance eligible individual (including whether such individual is a special transitional assistance eligible individual) without requiring any self- certification or subjecting such individual to any verification under such paragraphs. ``(ii) Opt-out.--The Secretary shall not enroll an individual under clause (i) if the individual notifies the Secretary that such individual does not wish to be enrolled and be determined to be a transitional assistance eligible individual under such clause before the individual is so enrolled.''. (3) Notice of eligibility for transitional assistance.-- Section 1860D-31(d) of the Social Security Act (42 U.S.C. 1395w-141(d)) is amended by adding at the end the following new paragraph: ``(4) Notice of eligibility to medicaid beneficiaries.--Not later than July 15, 2004, each State or the Secretary (at the option of each State) shall mail to each discount card eligible individual who is described in section 1860D-14(a)(3)(B)(v), but who has not enrolled in an endorsed discount card program as of July 1, 2004, a notice stating that-- ``(A) such individual is eligible to enroll in an endorsed discount card program and to receive transitional assistance under subsection (g); ``(B) if such individual does not enroll before August 15, 2004, such individual will automatically be enrolled in an endorsed discount card program selected by the Secretary unless the individual notifies the Secretary that such individual does not wish to be so enrolled; ``(C) if the individual is enrolled in an endorsed discount card program during 2004, the individual will be permitted to change enrollment under subsection (c)(1)(C)(ii) for 2005; and ``(D) there is no obligation to use the endorsed discount card program or transitional assistance when purchasing prescription drugs.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071).", "summary": "Medicare Assurance of Rx Transitional Assistance Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for the automatic enrollment of Medicare Savings Program (MSP) beneficiaries under SSA title XIX (Medicaid) in the interim prescription drug discount program and the transitional assistance program, making them eligible for the $600 per year in low-income discount card assistance without requiring a separate enrollment process."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Coverage for Discrimination and Family Leave Act''. TITLE I--AGE DISCRIMINATION SEC. 101. COVERAGE OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES. The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) is amended-- (1) by redesignating sections 16 and 17 as sections 17 and 18, respectively, and (2) by inserting after section 15 the following: ``coverage of certain employees in the legislative branch of the federal government ``Sec. 16. (a) For purposes of this section-- ``(1) the term `employee' means an individual who is employed by, or who applies for employment with, an employing authority; ``(2) the term `employing authority' has the meaning given it in the Fair Employment Practices Resolution and also includes any agent of the employing authority and any Member who participates in determining the terms and conditions applicable to an employee's employment and any agent of such Member, but with respect to a position on the minority staff of a committee, such term does not include the Chairman of such committee; ``(3) the term `Fair Employment Practices Resolution' means-- ``(A) House Resolution 558 of the One Hundredth Congress, as adopted October 4, 1988, and incorporated into rule LI of the Rules of the House of Representatives of the One Hundred Second Congress; or ``(B) any other provision that continues in effect the provisions of such resolution; and ``(4) the term `instrumentality of the Congress' means a unit of the legislative branch (other than the Congress) that does not have positions in the competitive service and any agent of such unit. ``(b) Sections 4 and 7(f) shall apply to employees and to employing authorities. ``(c)(1) The remedies and procedures under the Fair Employment Practices Resolution shall apply with respect to a violation of section 4 as such section is made applicable by subsection (b). ``(2) Within 90 days of the exhaustion of all procedures authorized under paragraph (1), or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's employing authority. In any such action, the court may order such relief, including damages, attorneys' fees, and other costs, as may be ordered by a court under section 7. ``(d) Section 4, as such section is made applicable by subsection (b), does not prohibit the taking into consideration of -- ``(1) the domicile of an individual with respect to a position under the clerk-hire allowance of the House of Representatives; or ``(2) the political affiliation of an individual with respect to a position under such clerk-hire allowance or a position on the staff of a committee. ``(e) Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of the employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(f) Each employing authority shall post and keep posted in conspicuous places on its premises a notice that shall be prepared by the Office of Fair Employment Practices, setting forth such information as the Office considers to be appropriate to carry out this section. ``(g) Subsection (c)(1) is enacted as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House of Representatives to change its rules in the same manner, and to the same extent, as in any other rule of the House of Representatives. ``(h)(1) Subject to paragraph (2), sections 4 and 7(f) shall apply with respect to individuals who are employed by, or who apply for employment with, an instrumentality of the Congress. ``(2) The chief official of each instrumentality of the Congress shall establish remedies and procedures to protect the rights provided for in paragraph (1). Such remedies and procedures shall apply exclusively with respect to such rights and shall provide to such individual protection that is equal to or greater than the protection provided under this section to employees of an employing authority. ``(3) The chief official of each instrumentality of the Congress shall submit to the Congress a report describing the remedies and procedures it has established to comply with paragraph (2). ``(4) Within 90 days of the exhaustion of all procedures authorized under paragraph (2) or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's instrumentality. In any such action, the court may order such relief, including damages, attorneys' fees, and other costs as may be ordered by a court under section 7.''. TITLE II--TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 SEC. 201. REFERENCE. Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Civil Rights Act of 1991. SEC. 202. APPLICATION TO CONGRESS. (a) Coverage.--Section 117(a)(2)(A) (2 U.S.C. 60l(a)(2)(A)) is amended by adding at the end the following: ``For purposes of this section, the term `employee' also includes an individual who applies for employment and the term `employing authority' also includes any agent of the employing authority and any Member who participates in determining the terms and conditions applicable to an employee's employment and any agent of such Member but with respect to a position on the minority staff of a committee such term does not include the Chairman of such committee.''. (b) Employee Actions, Payments, Considerations, and Notice.-- (1) Amendment.--Section 117 (2 U.S.C. 60l) is amended in subsection (b)(4), by inserting before the period the following: ``and includes any agent of any of the foregoing entities'', and (2) by adding at the end the following: ``(c) Employee Actions.-- ``(1) In general.--Within 90 days of the exhaustion of all procedures authorized under subsection (a) or (b) or after 180 days after the filing of a complaint in accordance with such procedures an employee may bring a civil action in the appropriate United States district court against the employee's employing authority or if employed by an instrumentality of Congress, against such instrumentality. In any such action, the court may order such relief as is provided under title VII of the Civil Rights Act of 1964 and section 1977A of the Revised Statutes (42 U.S.C. 1981a), except that the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages shall not exceed for each complaining party $50,000 in an action against an employing authority. ``(2) Trial.--In an action brought under paragraph (1)-- ``(A) any party may demand a trial by jury, and ``(B) the court shall not inform the jury of the dollar limitation prescribed by paragraph (1). ``(3) Fees.--In an action brought under paragraph (1), the court may allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. ``(d) Payments.--Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of an employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(e) Considerations.--The rights and protections provided by this section do not prohibit the taking into consideration of: ``(1) the domicile of an individual with respect to a position under the clerk-hire allowance of the House of Representatives; or ``(2) the political affiliation of an individual with respect to a position under such clerk-hire allowance or a position on the staff of a committee. ``(f) Notice.--Each employing authority and instrumentality of Congress shall post and keep posted, in conspicuous places on its premises, a notice that shall be prepared by the Office of Fair Employment Practices or the instrumentality which sets forth such information as such Office or instrumentality considers to be appropriate to carry out this section.''. (2) Conforming amendment.--Section 117(a)(2)(B)(i) (2 U.S.C. 60l(a)(2)(B)(i)) is amended by inserting before the period at the end the following: ``, except as provided in subsections (c) through (f)''. TITLE III--DISABILITIES SEC. 301. REFERENCE. Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Americans with Disabilities Act of 1990. SEC. 302. APPLICATION TO CONGRESS. (a) Coverage.--Section 509(b)(2)(A) (42 U.S.C. 12209(b)(2)(A)) is amended by adding at the end the following: ``For purposes of this section, the term `employee' also includes an individual who applies for employment and the term `employing authority' also includes any agent of the employing authority and any Member who participates in determining the terms and conditions applicable to an employee's employment and any agent of such Member but with respect to the minority staff of a committee does not include the Chairman of such committee.''. (b) Employee Actions, Payments, Considerations, and Notice.-- (1) Amendment.--Section 509 (42 U.S.C. 12209) is amended-- (A) in subsection (c)(4), by adding before the period the following: ``and includes any agent of any of the foregoing entities'', and (B) by adding at the end the following: ``(d) Employee Actions.-- ``(1) In general.--Within 90 days of the exhaustion of all procedures authorized under subsection (b)(2) or (c)(2) or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's employing authority or if employed by an instrumentality of Congress, against such instrumentality. In any such action, the court may order such relief as is provided under title VII of the Civil Rights Act of 1964 and section 1977A of the Revised Statutes (42 U.S.C. 1981a), except that the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages shall not exceed for each complaining party $50,000 in an action against an employing authority. ``(2) Trial.--In an action brought under paragraph (1)-- ``(A) any party may demand a trial by jury, and ``(B) the court shall not inform the jury of the dollar limitation prescribed by paragraph (1). ``(3) Fees.--In an action brought under paragraph (1), the court may allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. ``(e) Payments.--Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of an employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(f) Considerations.--The rights and protections provided by this section do not prohibit the taking into consideration of: ``(1) the domicile of an individual with respect to a position under the clerk-hire allowance of the House of Representatives; or ``(2) the political affiliation of an individual with respect to a position under such clerk-hire allowance or a position on the staff of a committee. ``(g) Notice.--Each employing authority and instrumentality of Congress shall post and keep posted, in conspicuous places on its premises, a notice that shall be prepared by the Office of Fair Employment Practices or the instrumentality which sets forth such information as such Office or instrumentality considers to be appropriate to carry out this section.''. (2) Conforming amendment.--Section 509(b)(2)(B)(i) (42 U.S.C. 12209(b)(2)(B)(i)) is amended by inserting before the period at the end the following: ``, except as provided in subsections (d) through (g)''. TITLE IV--FAMILY AND MEDICAL LEAVE SEC. 401. ENFORCEMENT ACTION. (a) Employing Authority.--Section 502(a) of the Family and Medical Leave Act of 1993 (2 U.S.C. 60n(a)) is amended by inserting before the period the following: ``, except that with respect to a position on the minority staff of a committee, the term `employing authority' does not include the Chairman of such committee''. (b) Remedy.--Subsection (c) of section 502 of the Family and Medical Leave Act of 1993 (2 U.S.C. 60n) is redesignated as subsection (f) and the following is inserted after subsection (b): ``(c) Employee Action.-- Within 90 days of the exhaustion of all procedures authorized under subsection (b), or after 180 days after the timely filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's employing authority. In any such action, the court may order such relief, including damages, interest, attorneys' fees, expert witness fees, and other costs, as may be ordered by a court under section 107. ``(d) Payments.--Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of an employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(e) Instrumentalities of Congress.-- ``(1) In general.--The rights and protections under sections 102 through 105 (other than section 104(b)) shall, subject to paragraph (2), apply with respect to the conduct of each instrumentality of the Congress. ``(2) Establishment of remedies and procedures by instrumentalities.--The chief official of each instrumentality of the Congress shall establish remedies and procedures to protect the rights provided for in paragraph (1). ``(3) Report to congress.--The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of paragraph (2), submit to the Congress a report describing the remedies and procedures it has established to comply with paragraph (2). ``(4) Definition of instrumentalities.--For purposes of this section, instrumentalities of the Congress include the Architect of the Capitol, the Library of Congress, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden and includes any agent of any of the foregoing entities. ``(5) Civil action.--Within 90 days of the exhaustion of all procedures authorized under paragraph (2) or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's instrumentality. In any such action, the court may order such relief, including damages, attorneys' fees, and other costs as may be ordered by a court under section 107. ``(f) Notice.--Each employing authority and instrumentality of Congress shall post and keep posted, in conspicuous places on its premises, a notice that shall be prepared by the Office of Fair Employment Practices or the instrumentality which sets forth such information as such Office or instrumentality considers to be appropriate to carry out this section.''. TITLE V--GUIDELINES SEC. 501. GUIDELINES. Any guidelines issued by any committee of the House of Representatives to implement any provision of this Act shall be published in the Congressional Record for a period of at least 60 days before such implementation. TITLE VI--EFFECTIVE DATE SEC. 601. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of 3 months after the date of the enactment of this Act. HR 2499 IH----2", "summary": "TABLE OF CONTENTS: Title I: Age Discrimination Title II: Title VII of the Civil Rights Act of 1964 Title III: Disabilities Title IV: Family and Medical Leave Title V: Guidelines Title VI: Effective Date Congressional Coverage for Discrimination and Family Leave Act - Title I: Age Discrimination - Amends the Age Discrimination in Employment Act of 1967 (the Act) to cover employees in the House of Representatives and in instrumentalities of the Congress. Authorizes an aggrieved employee to bring a civil action in the appropriate district court against an employing authority or instrumentality of the Congress. Authorizes the court to order such relief, including damages, attorney's fees, and other costs provided by this Act. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title II: Title VII of the Civil Rights Act of 1964 - Amends the Civil Rights Act of 1991 to authorize an employee in the House of Representatives or in an instrumentality of the Congress to bring a civil action in the appropriate United States district court against his or her employing authority or the appropriate instrumentality. Authorizes the court to order such relief specified under the Civil Rights Act of 1964 and the Revised Statutes. Limits the aggregate amount of compensatory and punitive damages to $50,000. Authorizes the complaining party to demand a jury trial. Prohibits the court from informing the jury of the dollar limitation imposed under this Act. Authorizes the court to allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title III: Disabilities - Amends the Americans with Disabilities Act of 1990 to authorize an employee in the House of Representatives or in an instrumentality of the Congress to bring a civil action in the appropriate district court against his or her employing authority or the appropriate instrumentality. Authorizes the court to order such relief specified under the Civil Rights Act of 1964 and the Revised Statutes. Limits the aggregate amount of compensatory and punitive damages to $50,000. Authorizes the complaining party to demand a jury trial. Prohibits the court from informing the jury of the dollar limitation imposed under this Act. Authorizes the court to allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title IV: Family and Medical Leave - Amends the Family and Medical Leave Act of 1993 (the Act) to authorize an employee to bring a civil action in the appropriate United States district court against the employee's employing authority or the appropriate instrumentality of the Congress. Authorizes the court to order such relief, including damages, interest, attorney's fees, expert witness fees, and other costs specified by the Act. Applies the rights and protections under title I of the Act to employees of each instrumentality of the Congress, except for the exemption concerning highly compensated employees. Title V: Guidelines - Requires implementing guidelines issued by any House committee for this Act to be published in the Congressional Record at least 60 days before such implementation. Title VI: Effective Date - Makes this Act effective three months after the date of enactment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Success Act of 2001''. TITLE I--AUTHORIZATION OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW. (a) Purpose.--It is the purpose of this title to authorize individuals to enter into contracts for the purposes of obtaining funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income. (b) Lawfulness of Contracts; Preemption.--Any human capital investment contract that complies with the requirements of section 102 shall be a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. SEC. 102. TERMS AND CONDITIONS OF HUMAN CAPITAL INVESTMENT CONTRACTS. (a) Definition of Human Capital Investment Contract.--For purposes of this title, the term ``human capital investment contract'' means an agreement between an eligible student and any other person under which the eligible student sells and assigns specified percentages of the eligible student's future income, for a specified period of time, in exchange for payments to or on behalf of such student for-- (1) the tuition and related expenses of attendance by the student at an eligible institution, and (2) any income taxes owed by the student as a consequence of the receipt of such payments. (b) Terms and Conditions of Agreements.--A human capital investment contract complies with the requirements of this section if the contract complies with each of the following conditions: (1) Specified percentage of earned income.--A human capital investment contract shall specify the percentages of future earned income which the student will be obligated to pay, except that the contract-- (A) shall specify the maximum amount of earned income for each year to which such specified percentage shall apply; (B) shall provide a schedule of reductions in such percentage if the student's earned income from full- time employment is less than amounts specified in the contract; and (C) may specify a schedule of increases in such percentage if the student obtains a deferral under paragraph (6), subject to the limitation in paragraph (2). (2) Aggregate limitation on obligation.--No eligible student may enter into any human capital investment contract if the total percentage of such student's future earned income that the student agrees to pay under that contract, and any other human capital investment contracts of such student, exceeds 20 percent of such future earned income. (3) Specified duration; extension of period for deferrals.--A human capital investment contract shall specify the maximum period of time during which the student will be obligated to pay a portion of the student's future earned income from full-time employment, except that-- (A) except as provided in subparagraph (B), such period may not exceed 180 months; and (B) such contract may provide that such period may be extended by the number of months during which the student obtains a deferral of payments under paragraph (5) or (6). (4) Commencement of repayment.--A human capital investment contract shall provide that the student is not obligated to commence payments, and that the deferral period in paragraph (5) does not begin to toll, until the student-- (A) ceases to carry at an eligible institution at least the minimum academic workload set forth in the contract; or (B) ceases to be eligible to meet the deferral requirements set forth in paragraph (6). (5) Deferral for under-employment or unemployment.--A human capital investment contract shall provide that the student may obtain a deferral of the obligation to make payments under the contract during any period in which the student is unemployed, except that the contract may provide that, if the student is unemployed for longer than a maximum period specified in the contract, the student agrees to extinguish obligations under the contract by payment of-- (A) the amounts determined in accordance with paragraph (7), and (B) any related administrative costs of collecting such amounts, including attorney's fees. (6) Deferral during periods of graduate study.--A human capital investment contract shall provide that a student who is enrolled or accepted for enrollment in a postgraduate degree program is not obligated to commence payments under the contract until the student ceases to carry a full-time academic workload leading to such a degree at an eligible institution, except that the contract may provide that the maximum period for which payments may be deferred pursuant to this paragraph shall not exceed 48 months. (7) Accelerated repayment.--A human capital investment contract shall specify the terms and conditions by which the student may extinguish the student's obligations under the contract before the end of the payment period specified in the human capital investment contract, based on the remaining term of such period. (c) Required Disclosures.--A human capital investment contract does not comply with the requirements of this section unless the eligible student is provided, before entry into agreement, a disclosure document that clearly and simply discloses that-- (1) the agreement is not a debt instrument, and that the amount the student will be required to pay under the agreement-- (A) may be more or less than the amount provided to the student; and (B) will vary in proportion to the student's future earned income; (2) the obligations of the student under the agreement are not dischargeable under bankruptcy law; (3) the obligations of the student under the agreement may be extinguished by accelerating payments, as specified in the agreement; and (4) the duration of the student's obligations under the agreement (absent such accelerating payments). SEC. 103. DEFINITIONS. As used in this title-- (1) Earned income.-- (A) The term ``earned income'' means compensation and self-employment income. (B) The term ``compensation'' means the gross amount of salaries, wages, and other remunerations earned by the student as an employee, not taking into account any deferred compensation arrangements or any payments to any retirement, pension, or other benefit plan. (C) The term ``self-employment income'' means the net earnings from self-employment, as defined in section 1402 of the Internal Revenue Code of 1986, and regulations prescribed thereunder. (2) Eligible student.--The term ``eligible student'' means any person-- (A) who is a citizen or national of the United States, a permanent resident of the United States, able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident, or permanent resident of the Trust Territory of the Pacific Islands, Guam, the Northern Mariana Islands; (B) who is enrolled or accepted for enrollment in a degree, certificate, or other program (including a program of study abroad approved for credit by the eligible institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution of higher education; and (C) who is not enrolled in an elementary or secondary school. (3) Eligible institution.--The term ``eligible institution'' means an institution of higher education as such term is defined in section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a)). (4) Full-time employment; period of no employment.-- Determinations of full-time employment in a given calendar year shall be based on an average employment of 35 hours (or more) per week during such year (a total of 1,820 hours or more for the year). Determinations of period of no employment of a student shall be determined separately for each calendar year and expressed as a whole number of weeks and shall be based on the excess, if any, of 1,820 over the total number of hours of employment of the student during the year, divided by 35, and rounded down to the nearest whole number. (5) State law.-- (A) The term ``State law'' means any law, decision, rule, regulation, or other action having the effect of a law of any State or any political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State, except that a law of the United States applicable only to the District of Columbia shall be treated as a State law (rather than a law of the United States). (B) The term ``State'' includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. TITLE II--TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 201. TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS. (a) In General.--Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Human Capital Investment Contracts.--A human capital investment contract (as defined in section 102 of the Student Success Act of 2001) shall not be treated as a debt instrument for purposes of this title, and amounts received by the student for entering into such a contract shall be includible in such student's gross income for purposes of subtitle A.'' (b) Depreciation.--Section 167 of the Internal Revenue Code of 1986 (relating to depreciation) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Human Capital Investment Contracts.--If a depreciation deduction is allowable under subsection (a) with respect to any human capital investment contract (as defined in section 102 of the Student Success Act of 2001), such deduction-- ``(1) shall be allowable beginning with the taxable year during which the student is first obligated to begin payments under the contract, and ``(2) shall be computed by using the straight-line method and a useful life equal to the shorter of-- ``(A) 15 years, or ``(B) the maximum period the student is obligated to make payments under the contract (determined without regard to any extension of such period by reason of a deferral).'' (c) Deduction for Payments.-- (1) In general.--Part VII of subchapter B of chapter 1 of such Code is amended by redesignating section 221 as section 222 and by inserting after section 220 the following new section: ``SEC. 221. PAYMENTS UNDER HUMAN CAPITAL INVESTMENT CONTRACTS. ``In the case of an individual who is obligated to make payments under a human capital investment contract (as defined in section 102 of the Student Success Act of 2001), there shall be allowed as a deduction the amount of such payments made during the taxable year.'' (2) Deduction allowable in determining adjusted gross income.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (16) the following new paragraph: ``(17) Human capital investment contract payments.--The deduction allowed by section 221.'' (3) Clerical amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 221. Payments under human capital investment contracts. ``Sec. 222. Cross reference.'' (d) Qualifying Income of Publicly Traded Partnerships.--Paragraph (1) of section 7704(d) of such Code is amended by striking ``and'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ``, and'', and by inserting after subparagraph (G) the following new subparagraph: ``(H) income derived from, or gain from the sale or other disposition of any human capital investment contract (as defined in section 102 of the Student Success Act of 2001).'' (e) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. TITLE III--SECURITIES LAW TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 301. POOLING OF HUMAN CAPITAL INVESTMENT CONTRACTS INTO INVESTMENT COMPANIES. Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C. 80a-2) is amended by inserting ``human capital investment contracts (as such term is defined in section 102 of the Student Success Act of 2001),'' after ``relating to foreign currency,''. TITLE IV--BANKRUPTCY LAW TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS. SEC. 401. EXCEPTION TO DISCHARGE. Section 523(a) of title 11, United States Code, is amended-- (1) in paragraph (17) by striking ``and'' at the end, (2) in paragraph (18) by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(19) for a payment owed by the debtor as a result of a payment made to or for the benefit of the debtor, under a human capital investment contract (as defined in section 102 of the Student Success Act of 2001 unless-- ``(A) such payment owed by the debtor first became due more than 7 years (exclusive of any applicable suspension of the debtor's payment period) before the date of the filing of the petition; or ``(B) excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor's dependents.''. TITLE V--FEDERAL STUDENT ASSISTANCE TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS. SEC. 501. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF FINANCIAL NEED. Section 480(a) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(a)) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) No portion of any amounts received by a student for entering into a human capital investment contract (as defined in section 102 of the Student Success Act of 2001) shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under this Act.''.", "summary": "Student Success Act of 2001 - Authorizes individuals to enter into human capital investment contracts (HCICs) to obtain funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income. Makes any HCIC that complies with required terms and conditions under this Act a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income.Amends the Internal Revenue Code to provide that: (1) an HCIC shall not be treated as a debt instrument for specified purposes; and (2) amounts received by the student for entering into an HCIC shall be includible in such student's gross income for certain tax purposes. Sets forth conditions for allowable depreciation deductions with respect to HCICs. Allows a tax deduction, in determining adjusted gross income, for an individual's obligated payments under an HCIC.Deems income derived from, or gain from the sale or other disposition of, an HCIC as qualifying income which would exempt a publicly traded partnership from treatment as a corporation.Amends the Investment Company Act of 1940 to provide for pooling of HCICs into investment companies.Amends Federal bankruptcy law to except from discharge in bankruptcy, under certain conditions, any payment owed by the debtor as a result of a payment made to or for the benefit of the debtor under an HCIC.Amends the Higher Education Act of 1965 (HEA) to provide that no portion of any amounts received by a student for entering into an HCIC shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under HEA."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business, Family Farms, and Constitutional Protection Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The provision of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, that prohibits the use of Federal funds to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change prior to its ratification should be extended and strengthened. (2) The Environmental Protection Agency claims that it has authority under the Clean Air Act to regulate carbon dioxide as a ``pollutant'', although the Administrator of the Environmental Protection Agency has not yet proposed to regulate carbon dioxide under the Act. (3) When the Congress enacted and amended the Clean Air Act, it did not delegate to the Environmental Protection Agency authority to regulate carbon dioxide. Such regulation would constitute a usurpation of legislative power. (4) Furthermore, regulation of carbon dioxide would necessarily have the effect of implementing the Kyoto Protocol. (5) Since a speech by the President on October 22, 1997, the Administration has called for enactment of a program commonly known as ``credit for early action'' or ``early action crediting'' as part of its global climate change policy. (6) Early action crediting is fundamentally a strategy to prematurely implement the nonratified Kyoto Protocol and to build a pro-Kyoto business constituency. (7) Early action crediting would reward some big businesses for taking steps to comply with the Kyoto Protocol prior to its ratification. (8) Early action crediting would also encourage participating big businesses to support ratification, because participants would acquire costly paper assets that could be used as emission credits under a future regulatory system and that could be monetized if the Kyoto Protocol were ratified. (9) Early action crediting is not a truly voluntary program, because it would penalize non-participants by reducing the supply of emission credits available to them in the first Kyoto Protocol compliance period. (10) Early action crediting would increase compliance costs under the Kyoto Protocol for small businesses and family farms, which generally lack the technical expertise and discretionary capital required for participation in emissions reduction projects and lack the legal sophistication necessary to negotiate early action agreements with Federal agencies. (11) Early action crediting would lose even the pretense of being voluntary if it were administered by the Environmental Protection Agency or any other agency wielding powers of regulatory coercion. (12) Companies already may voluntarily record and report their actions to reduce greenhouse gases under section 1605 of the Energy Policy Act of 1992 (42 U.S.C. 13385). That section is administered by the Energy Information Administration, an agency with no regulatory authority or agenda. (13) Early action crediting is not needed to protect early big business emissions reducers from any extra costs under the Kyoto Protocol, because, as a practical political matter, the Kyoto Protocol will not be ratified and implementing legislation will not be adopted without the active support of the policy makers and big businesses advocating early action crediting. (14) The most effective way for members of the Congress to protect United States competitiveness, small businesses, and family farms from the regulatory excesses of a possible future climate treaty is to declare their unequivocal and unqualified opposition to the Kyoto Protocol. (b) Purposes.--The purposes of this Act are the following: (1) To safeguard the Senate's constitutional role in treaty making. (2) To prevent implementation of the Kyoto Protocol prior to its ratification. (3) To protect small businesses and family farms from incurring additional costs under a future climate change treaty or domestic program to regulate greenhouse gas emissions. SEC. 3. PROHIBITION ON FEDERAL ACTIONS TO IMPLEMENT THE KYOTO PROTOCOL. (a) In General.--Federal funds may not be used to propose or issue rules, regulations, decrees, or orders or used to propose or issue rules, regulations, decrees, or orders or for programs designed to implement, or in preparation for implementing, the Kyoto Protocol to the United Nations Framework Convention on Climate Change before the date on which the Senate gives its advice and consent to ratification of the Kyoto Protocol. (b) No Federal Authority To Regulate Carbon Dioxide Emissions.-- Notwithstanding any other provision of law, no Federal Agency has authority to promulgate regulations to limit emissions of carbon dioxide unless a law is enacted after the date of enactment of this Act that specifically grants such authority. (c) Restriction on Use of Funds for Regulatory Credits.-- Notwithstanding any other provision of law, Federal funds may not be used to advocate, develop, or implement a program providing regulatory credits for early voluntary greenhouse gas emission reductions, before the date on which the Senate gives its advice and consent to ratification of the Kyoto Protocol.", "summary": "Small Business, Family Farms, and Constitutional Protection Act - Prohibits the use of Federal funds to propose or issue rules, regulations, decrees, or orders or for programs to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change before the date on which the Senate gives its advice and consent to Protocol ratification. Provides that no Federal agency has authority to promulgate regulations to limit carbon dioxide emissions unless a law is enacted after this Act's enactment that specifically grants such authority. Prohibits the use of Federal funds to advocate, develop, or implement a program providing regulatory credits for early voluntary greenhouse gas emission reductions before the date on which the Senate gives its advice and consent to Protocol ratification."}
{"article": "SECTION 1. REAUTHORIZATION. Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended-- (1) by striking ``2014'' and inserting ``2019''; and (2) by striking ``on or after the date of enactment of the Defense Production Act Reauthorization of 2009''. SEC. 2. DEFENSE PRODUCTION ACT COMMITTEE IMPROVEMENTS. Section 722 of the Defense Production Act of 1950 (50 U.S.C. App. 2171) is amended-- (1) in subsection (a)-- (A) by striking ``advise the President'' and inserting ``coordinate and plan for''; and (B) by striking ``the authority'' and inserting ``the priorities and allocations authorities''; (2) in subsection (b), by amending paragraph (2) to read as follows: ``(2) The Chairperson of the Committee shall be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of the authorities in this Act.''; (3) by amending subsection (c) to read as follows: ``(c) Coordination of Committee Activities.--The Chairperson shall appoint one person to coordinate all of the activities of the Committee, and such person shall-- ``(1) be a full-time employee of the Federal Government; ``(2) report to the Chairperson; and ``(3) carry out such activities relating to the Committee as the Chairperson may determine appropriate.''; and (4) in subsection (d)-- (A) by striking ``Not later than'' and all that follows through ``Committee shall submit'' and inserting the following: ``The Committee shall issue a report each year by March 31''; (B) by striking ``each member of the Committee'' and inserting ``the Chairperson''; (C) in paragraph (1)-- (i) by striking ``a review of the authority under this Act of'' and inserting ``a description of the contingency planning by''; and (ii) by inserting before the semicolon the following: ``for events that might require the use of the priorities and allocations authorities''; (D) in paragraph (2), by striking ``authority described in paragraph (1)'' and inserting ``priorities and allocations authorities in this Act''; (E) by amending paragraph (3) to read as follows: ``(3) recommendations for legislation actions, as appropriate, to support the effective use of the priorities and allocations authorities in this Act;''; (F) in paragraph (4), by striking ``all aspects of'' and all that follows through the end of the paragraph and inserting ``the use of the priorities and allocations authorities in this Act;''; and (G) by adding at the end the following: ``(5) up-to-date copies of the rules described under section 101(d)(1); and ``(6) short attestations signed by each member of the Committee stating their concurrence in the report.''. SEC. 3. UPDATED RULEMAKING. Section 101(d)(1) of the Defense Production Act of 1950 (50 U.S.C. App. 2071(d)(1)) is amended by striking ``not later than'' and all that follows through ``rules'' and inserting the following: ``issue, and annually review and update whenever appropriate, final rules''. SEC. 4. PRESIDENTIAL DETERMINATION. (a) In General.--Section 303(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2093(a)) is amended-- (1) in paragraph (5)-- (A) by striking ``determines'' and inserting the following: ``, on a non-delegable basis, determines, with appropriate explanatory material and in writing,''; (B) in subparagraph (A), by striking ``and'' at the end; (C) in subparagraph (B), by striking the period and inserting ``; and''; and (D) by adding at the end the following: ``(C) purchases, purchase commitments, or other action pursuant to this section are the most cost effective, expedient, and practical alternative method for meeting the need.''; and (2) in paragraph (6), by adding at the end the following: ``(C) Limitation.--If the taking of any action or actions under this section to correct an industrial resource shortfall would cause the aggregate outstanding amount of all such actions for such industrial resource shortfall to exceed $50,000,000, no such action or actions may be taken, unless such action or actions are authorized to exceed such amount by an Act of Congress.''. (b) Exception.--Section 303(a)(6)(C) of the Defense Production Act of 1950, as added by subsection (a)(2), shall not apply to a project undertaken pursuant to a determination made before the date of the enactment of this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 711 of the Defense Production Act of 1950 (50 U.S.C. App. 2161) is amended-- (1) by striking ``are hereby authorized to be appropriated such sums as may be necessary and appropriate'' and inserting `` is authorized to be appropriated $133,000,000 for fiscal year 2015 and each fiscal year thereafter''; and (2) by striking the second and third sentences. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the House on July 29, 2014. (Sec. 1) Reauthorizes provisions of the Defense Production Act of 1950 (provides authority for the President and federal agencies to prepare for national defense, military conflicts, disasters, or acts of terrorism using the domestic industrial base to supply materials and services) through September 30, 2019. Reinstates authorities under which the President may provide for loans to private business enterprises or authorize a guaranteeing agency to guarantee loans by private institutions to contractors, providers of critical infrastructure, or other persons for services, production, or deliveries essential to national defense. Makes such authorities effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts. (Sec. 2) Revises requirements relating to the Defense Production Act Committee to: (1) direct the Committee to coordinate and plan (currently, advise the President) according to specified priorities and allocation authorities; (2) require the Chairperson to be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of such activities; and (3) require the Chairperson to appoint a coordinator of Committee activities (currently, the President appoints an Executive Director). Expands the Committee's annual report to Congress to include a description of contingency planning by federal agencies, legislative recommendations, and updated copies of federal agencies' rules to promote national defense under both emergency and nonemergency conditions. (Sec. 3) Requires federal agencies delegated defense production authority to review such rules annually and make updates whenever appropriate. (Sec. 4) Prohibits the President from: (1) delegating a determination to execute a contract for an industrial resource, material, or critical technology that is essential to national defense; (2) executing contracts for such capabilities unless the purchases are the most cost effective, expedient, and practical alternative method for meeting the need; and (3) taking action to correct an industrial resource shortfall without congressional authorization if such action would cause the aggregate outstanding amount of all such actions to exceed $50 million. Prohibits the congressional authorization requirement for an aggregate amount exceeding $50 million from applying to projects undertaken pursuant to a determination made before the enactment of this Act. (Sec. 5) Authorizes specified appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bar Removal of Individuals who Dream and Grow our Economy Act'' or the ``BRIDGE Act''. SEC. 2. PROVISIONAL PROTECTED PRESENCE FOR YOUNG INDIVIDUALS. (a) In General.--Chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) is amended by adding at the end the following: ``SEC. 244A. PROVISIONAL PROTECTED PRESENCE. ``(a) Definitions.--In this section: ``(1) DACA recipient.--The term `DACA recipient' means an alien who is in deferred action status on the date of the enactment of this section pursuant to the Deferred Action for Childhood Arrivals (`DACA') Program announced on June 15, 2012. ``(2) Felony.--The term `felony' means a Federal, State, or local criminal offense (excluding a State or local offense for which an essential element was the alien's immigration status) punishable by imprisonment for a term exceeding one year. ``(3) Misdemeanor.--The term `misdemeanor' means a Federal, State, or local criminal offense (excluding a State or local offense for which an essential element was the alien's immigration status, a significant misdemeanor, and a minor traffic offense) for which-- ``(A) the maximum term of imprisonment is greater than five days and not greater than one year; and ``(B) the individual was sentenced to time in custody of 90 days or less. ``(4) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(5) Significant misdemeanor.--The term `significant misdemeanor' means a Federal, State, or local criminal offense (excluding a State or local offense for which an essential element was the alien's immigration status) for which the maximum term of imprisonment is greater than five days and not greater than one year that-- ``(A) regardless of the sentence imposed, is a crime of domestic violence (as defined in section 237(a)(2)(E)(i)) or an offense of sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence if the State law requires, as an element of the offense, the operation of a motor vehicle and a finding of impairment or a blood alcohol content of .08 or higher; or ``(B) resulted in a sentence of time in custody of more than 90 days, excluding an offense for which the sentence was suspended. ``(6) Threat to national security.--An alien is a `threat to national security' if the alien is-- ``(A) inadmissible under section 212(a)(3); or ``(B) deportable under section 237(a)(4). ``(7) Threat to public safety.--An alien is a `threat to public safety' if the alien-- ``(A) has been convicted of an offense for which an element was participation in a criminal street gang (as defined in section 521(a) of title 18, United States Code); or ``(B) has engaged in a continuing criminal enterprise (as defined in section 408(c) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 848(c))). ``(b) Authorization.--The Secretary-- ``(1) shall grant provisional protected presence to an alien who files an application demonstrating that he or she meets the eligibility criteria under subsection (c) and pays the appropriate application fee; ``(2) may not remove such alien from the United States during the period in which such provisional protected presence is in effect unless such status is rescinded pursuant to subsection (g); and ``(3) shall provide such alien with employment authorization. ``(c) Eligibility Criteria.--An alien is eligible for provisional protected presence under this section and employment authorization if the alien-- ``(1) was born after June 15, 1981; ``(2) entered the United States before attaining 16 years of age; ``(3) continuously resided in the United States between June 15, 2007, and the date on which the alien files an application under this section; ``(4) was physically present in the United States on June 15, 2012, and on the date on which the alien files an application under this section; ``(5) was unlawfully present in the United States on June 15, 2012; ``(6) on the date on which the alien files an application for provisional protected presence-- ``(A) is enrolled in school or in an education program assisting students in obtaining a regular high school diploma or its recognized equivalent under State law, or in passing a general educational development exam or other State-authorized exam; ``(B) has graduated or obtained a certificate of completion from high school; ``(C) has obtained a general educational development certificate; or ``(D) is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; ``(7) has not been convicted of-- ``(A) a felony; ``(B) a significant misdemeanor; or ``(C) three or more misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct; and ``(8) does not otherwise pose a threat to national security or a threat to public safety. ``(d) Duration of Provisional Protected Presence and Employment Authorization.--Provisional protected presence and the employment authorization provided under this section shall be effective until the date that is three years after the date of the enactment of this section. ``(e) Status During Period of Provisional Protected Presence.-- ``(1) In general.--An alien granted provisional protected presence is not considered to be unlawfully present in the United States during the period beginning on the date such status is granted and ending on the date described in subsection (d). ``(2) Status outside period.--The granting of provisional protected presence under this section does not excuse previous or subsequent periods of unlawful presence. ``(f) Application.-- ``(1) Age requirement.-- ``(A) In general.--An alien who has never been in removal proceedings, or whose proceedings have been terminated before making a request for provisional protected presence, shall be at least 15 years old on the date on which the alien submits an application under this section. ``(B) Exception.--The age requirement set forth in subparagraph (A) shall not apply to an alien who, on the date on which the alien applies for provisional protected presence, is in removal proceedings, has a final removal order, or has a voluntary departure order. ``(2) Application fee.-- ``(A) In general.--The Secretary may require aliens applying for provisional protected presence and employment authorization under this section to pay a reasonable fee that is commensurate with the cost of processing the application. ``(B) Exemption.--An applicant may be exempted from paying the fee required under subparagraph (A) if the alien-- ``(i)(I) is younger than 18 years of age; ``(II) received total income during the 12- month period immediately preceding the date on which the alien files an application under this section that is less than 150 percent of the United States poverty level; and ``(III) is in foster care or otherwise lacking any parental or other familial support; ``(ii) is younger than 18 years of age and is homeless; ``(iii)(I) cannot care for himself or herself because of a serious, chronic disability; and ``(II) received total income during the 12- month period immediately preceding the date on which the alien files an application under this section that is less than 150 percent of the United States poverty level; or ``(iv)(I) as of the date on which the alien files an application under this section, has accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and ``(II) received total income during the 12- month period immediately preceding the date on which the alien files an application under this section that is less than 150 percent of the United States poverty level. ``(3) Removal stayed while application pending.--The Secretary may not remove an alien from the United States who appears prima facie eligible for provisional protected presence while the alien's application for provisional protected presence is pending. ``(4) Aliens not in immigration detention.--An alien who is not in immigration detention, but who is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order, may apply for provisional protected presence under this section if the alien appears prima facie eligible for provisional protected presence. ``(5) Aliens in immigration detention.--The Secretary shall provide any alien in immigration detention, including any alien who is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order, who appears prima facie eligible for provisional protected presence, upon request, with a reasonable opportunity to apply for provisional protected presence under this section. ``(6) Confidentiality.-- ``(A) In general.--The Secretary shall protect information provided in applications for provisional protected presence under this section and in requests for consideration of DACA from disclosure to U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection for the purpose of immigration enforcement proceedings. ``(B) Referrals prohibited.--The Secretary may not refer individuals whose cases have been deferred pursuant to DACA or who have been granted provisional protected presence under this section to U.S. Immigration and Customs Enforcement. ``(C) Limited exception.--The information submitted in applications for provisional protected presence under this section and in requests for consideration of DACA may be shared with national security and law enforcement agencies-- ``(i) for assistance in the consideration of the application for provisional protected presence; ``(ii) to identify or prevent fraudulent claims; ``(iii) for national security purposes; and ``(iv) for the investigation or prosecution of any felony not related to immigration status. ``(7) Acceptance of applications.--Not later than 60 days after the date of the enactment of this section, the Secretary shall begin accepting applications for provisional protected presence and employment authorization. ``(g) Rescission of Provisional Protected Presence.--The Secretary may not rescind an alien's provisional protected presence or employment authorization granted under this section unless the Secretary determines that the alien-- ``(1) has been convicted of-- ``(A) a felony; ``(B) a significant misdemeanor; or ``(C) three or more misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct; ``(2) poses a threat to national security or a threat to public safety; ``(3) has traveled outside of the United States without authorization from the Secretary; or ``(4) has ceased to continuously reside in the United States. ``(h) Treatment of Brief, Casual, and Innocent Departures and Certain Other Absences.--For purposes of subsections (c)(3) and (g)(4), an alien shall not be considered to have failed to continuously reside in the United States due to-- ``(1) brief, casual, and innocent absences from the United States during the period beginning on June 15, 2007, and ending on August 14, 2012; or ``(2) travel outside of the United States on or after August 15, 2012, if such travel was authorized by the Secretary. ``(i) Treatment of Expunged Convictions.--For purposes of subsections (c)(7) and (g)(1), an expunged conviction shall not automatically be treated as a disqualifying felony, significant misdemeanor, or misdemeanor, but shall be evaluated on a case-by-case basis according to the nature and severity of the offense to determine whether, under the particular circumstances, the alien should be eligible for provisional protected presence under this section. ``(j) Effect of Deferred Action Under Deferred Action for Childhood Arrivals Program.-- ``(1) Provisional protected presence.--A DACA recipient is deemed to have provisional protected presence under this section through the expiration date of the alien's deferred action status, as specified by the Secretary in conjunction with the approval of the alien's DACA application. ``(2) Employment authorization.--If a DACA recipient has been granted employment authorization by the Secretary in addition to deferred action, the employment authorization shall continue through the expiration date of the alien's deferred action status, as specified by the Secretary in conjunction with the approval of the alien's DACA application. ``(3) Effect of application.--If a DACA recipient files an application for provisional protected presence under this section not later than the expiration date of the alien's deferred action status, as specified by the Secretary in conjunction with the approval of the alien's DACA application, the alien's provisional protected presence, and any employment authorization, shall remain in effect pending the adjudication of such application.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after the item relating to section 244 the following: ``Sec. 244A. Provisional protected presence.''.", "summary": "Bar Removal of Individuals who Dream and Grow our Economy Act or the BRIDGE Act This bill amends the Immigration and Nationality Act to provide that the Department of Homeland Security (DHS): (1) shall grant a three-year provisional protected presence to a qualifying alien, (2) may not remove the alien from the United States unless such protected presence is rescinded, and (3) shall provide such alien with employment authorization. An alien is eligible for such protected presence and employment authorization if the alien: (1) was born after June 15, 1981; (2) entered the United States before attaining 16 years of age; (3)    continuously resided in the United States since June 15, 2007; (4) was physically but unlawfully present in the United States on June 15; (5) on the date the alien files an application the alien is present in the United States, is enrolled in school or in an education program assisting students in obtaining a high school diploma, has graduated or obtained a certificate of completion from high school or a general educational development certificate, or is an honorably discharged U.S. Coast Guard or Armed Forces veteran; (6) has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors not occurring on the same date and not arising out of the same act; and (7) does not otherwise pose a threat to national security or a threat to public safety. The bill: (1) provides for confidentiality of application information, with certain national security and law enforcement exceptions; and (2) sets forth the criteria under which DHS may rescind protected presence. An alien granted protected presence is not considered to be unlawfully present in the United States during such period. An alien must be at least 15 years old, unless in removal proceedings, to apply for protected presence. DHS may provide for an application fee and for fee exemptions. DHS may not: (1) remove an alien who appears prima facie eligible for protected presence while the alien's application is pending, or (2) refer individuals whose cases have been deferred pursuant to the Deferred Action for Childhood Arrivals Program (DACA) or who have been granted protected presence to U.S. Immigration and Customs Enforcement. A DACA alien is deemed to have protected presence through the expiration date of his or her deferred action status."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Health Care Eligibility Reform Act of 1994''. SEC. 2. VETERANS HEALTH CARE ELIGIBILITY REFORM. Chapter 17 of title 38, United States Code, is amended as follows: (1) Section 1701 is amended by adding at the end the following new paragraphs: ``(10) The term `continuum of health care' includes specialized treatment and rehabilitative services of the Department, including comprehensive prevention and health screening programs and services to treat needs of disabled veterans with spinal cord dysfunction, blindness, prosthetics, and mental illness. ``(11) The term `noninstitutional long-term care' includes the following services: ``(A) Hospital-based home care. ``(B) Adult day health care. ``(C) Fee basis care. ``(D) Hospice care. ``(E) Homemaker services. ``(F) Home health aid. ``(G) Case management services. ``(H) Congregate meals. ``(I) Home delivered meals. ``(J) Senior center services. ``(K) Shopping and transportation services. ``(L) Phone check services.''. (2) Section 1710(a)(1) is amended by striking out ``shall furnish'' and all that follows through ``which the'' and inserting in lieu thereof ``shall furnish a continuum of health care (including hospital care, outpatient medical services provided on an outpatient or ambulatory basis, and noninstitutional long-term care) which the''. (3) Subchapter II is amended by inserting after section 1710 the following new section: ``Sec. 1710A. Institutional long-term care for certain veterans ``(a) The Secretary shall provide institutional nursing home care to any veteran who is described in subparagraph (A) or (D) of section 1710(a)(1), or in subparagraph (C) of section 1712(a)(1), of this title or who is in receipt of pension from the Secretary. ``(b) If a veteran who is provided nursing home care by reason of subsection (a) is also eligible for payment for the costs of nursing home care under a State plan title XIX of the Social Security Act, the Secretary shall be entitled to recover from that State plan the amount that the State plan would pay for that care if provided by an authorized provider. For purposes of this subsection, the veteran shall be deemed to have paid any deductible or copayment otherwise required as a condition of payment by the State plan.''. (4) Section 1710(d) is amended by inserting ``1710A or'' after ``section''. (5) Subchapter III is amended by inserting after section 1729 the following new section: ``Sec. 1729A. Medicare coverage and reimbursement ``(a) For purposes of any program administered by the Secretary of Health and Human Services under title XVIII of the Social Security Act, a Department facility shall be deemed to be a Medicare provider. ``(b)(1) A VA medical center (or group of medical centers) shall be considered to be a Medicare HMO. ``(2) For purposes of this section, the term `Medicare HMO' means an eligible organization under section 1876 of the Social Security Act. ``(c) In the case of care for a non-service-connected disability that is provided to a veteran who is eligible for benefits under the Medicare program under title XVIII of the Social Security Act, the Secretary of Health and Human Services shall reimburse a Department health-care facility providing services as a Medicare provider or Medicare HMO in the same amounts and under the same terms and conditions as that Secretary reimburses other Medicare providers or Medicare HMOs, respectively. The Secretary of Health and Human Services shall include with each such reimbursement a Medicare explanation of benefits. ``(d) In the case of a veteran whose eligibility for hospital care from the Department is by reason of section 1710(a)(2) of this title, the Secretary shall, when providing care to the veteran for which the Secretary receives reimbursement under this section, require the veteran to pay to the Department any applicable deductible or copayment that is not covered by Medicare.''. SEC. 3. PLAN FOR ENTITLEMENT TO INSTITUTIONAL NURSING HOME CARE FOR OTHER VETERANS. (a) Establishment of Plan.--The Secretary of Veterans Affairs shall develop a plan to implement (over a specified period of years) the provision of institutional long-term care for any veteran described in subsection (b). The plan may provide for the provision of institutional long-term care through facilities of the Department of Veterans Affairs or through a long-term care insurance contract, or a combination thereof. In specifying benefits, or a proposed range of benefits, under the plan, the Secretary shall consider a representative range of the different types of health benefits provisions (which include cost- sharing) typically offered as long-term institutional care coverage in the small employer health coverage market. (b) Covered Veterans.--The plan shall propose to cover any veteran not covered by section 1710A of title 38, United States Code, as added by section 2, who-- (1) has a service-connected disability rated at less than 50 percent; (2) has an annual income (as determined under section 1503 of such title) that does not exceed three times the maximum annual rate of pension that would be applicable to the veteran if the veteran were eligible for pension under section 1521(d) of such title; (3) has a catastrophic nonservice-connected disability (as defined by the Secretary); or (4) requires institutional long-term care as a follow up to inpatient care, as authorized under section 1720 of this title. (c) Premiums and Copayments.--The plan shall include the establishment of a schedule of premiums and copayments for care provided through Department of Veterans Affairs institutional care programs in effect on the day before the date of the enactment of this Act. The plan shall specify a range of premiums and copayments that would apply based upon different combinations of levels of payments by the Government, copayments, and premiums, as specified in the plan. (d) Long-Term Care Insurance Contract.--For purposes of this section, the term `long-term care insurance contract' means any insurance contract issued if-- (1) the only insurance protection provided under the contract is coverage of institutional long-term care services (as specified in the contract) and benefits incidental to such coverage, (2) the maximum benefit under the policy for expenses incurred for any day does not exceed $200, (3) the contract does not cover expenses incurred for services or items to the extent that such expenses are reimbursable under title XVIII of the Social Security Act or would be so reimbursable but for the application of a deductible or coinsurance amount, (4) the contract is guaranteed renewable, (5) the contract does not have any cash surrender value, and (6) all refunds of premiums, and all policyholder dividends or similar amounts, under the contract are to be applied as a reduction in future premiums or to increase future benefits. (e) Report to Congress.--Not later than September 30, 1996, the Secretary shall submit to Congress a report on the plan. The report shall include-- (1) a cost analysis, including a range of premiums and copayments and Government cost-sharing; (2) a discussion of the cost of establishing a long-term care insurance program for veterans described in subsection (b) using contract authority (if such contract authority is provided by law); and (3) a draft of legislation to make any necessary changes in law to enable the Department to implement the plan. SEC. 4. ENROLLMENT SYSTEM FOR OTHER PERSONS. (a) In General.--(1) Title 38, United States Code, is amended by inserting after chapter 17 the following new chapter: ``CHAPTER 18--VA GROUP HEALTH PLAN ``Sec. ``1801. Definitions. ``1802. VA Group Health Plan. ``1803. Enrollment. ``1804. Limitation on preexisting conditions. ``1805. Plan to be self supporting. ``1806. Annual report. ``Sec. 1801. Definitions ``For purposes of this chapter: ``(1) The term `eligible veteran' means any veteran other than a veteran eligible for health care under section 1710(a)(1) of this title. ``(2) The term `VA enrollee' means an individual enrolled in the VA Group Health Plan. ``Sec. 1802. VA Group Health Plan ``(a) The Secretary shall administer a program of health insurance under this chapter to be known as the VA Group Health Plan. The Secretary may provide such insurance directly or may contract with an insurance provider in the private sector for the provision of such insurance. The plan may be established as a single, nation-wide plan or as a composite of regional health insurance plans. ``(b) The Secretary shall establish and carry out the VA Group Health Plan as a managed-care plan and so that it meets the following requirements: ``(1) The plan shall be designed to be self-sustaining through required premiums, copayments, deductibles, and other charges, and without appropriated funds. ``(2) The plan shall provide such benefits as the Secretary determines. ``(c) The Secretary may award contracts under this section for the operation of the VA Group plan. ``(d) The Secretary may provide treatment in Department facilities for any enrollee, if cost effective. ``Sec. 1803. Enrollment ``(a) The following individuals are eligible to enroll in the VA Group Health Plan: ``(1) Any eligible veteran. ``(2) The spouse or child of any veteran. ``(b)(1) The Secretary of Veterans Affairs shall establish an enrollment (and disenrollment) process for the VA Group Health Plan in accordance with this subsection. Such process shall be established in consultation with veterans and other individuals to be served by the plan. ``(2) For each eligible veteran, when the veteran first becomes eligible to enroll in the VA Group Health Plan, there shall be an initial enrollment period (of not less than 30 days) during which the veteran may enroll in the plan. ``(3) The Secretary shall establish an annual period, of not less than 30 days, during which eligible veterans may enroll in the VA Group Health Plan. ``(4) If a veteran enrolls in the VA Group Health Plan, the veteran may at the same time enroll, as a family enrollment, the veteran's spouse and children in the plan. ``(5) In the case of individuals who through marriage, divorce, birth or adoption of a child, or similar circumstances, experience a change in family composition, the Secretary shall provide for a special enrollment period in which the individual is permitted to change the individual or family basis of coverage. The circumstances under which such special enrollment periods are required and the duration of such periods shall be specified by the Secretary. ``(6) The Secretary shall provide for a special transitional enrollment period during which eligible individuals may first enroll. ``(c) Enrollment of the spouse (including a child of the spouse) and any dependent child of an eligible veteran shall be considered to be timely if a request for enrollment is made either-- ``(1) within 30 days of the date of the marriage or of the date of the birth or adoption of a child, if family coverage is available as of such date, or ``(2) within 30 days of the date family coverage is first made available. ``(d) Family coverage shall become effective not later than the first day of the first month beginning after the date of the marriage or the date of birth or adoption of the child (as the case may be). ``(e) The Secretary may terminate coverage for nonpayment of premiums. ``(f) Coverage of a spouse under a policy under this chapter may not be canceled by reason of the death of the veteran unless the surviving spouse remarries. ``Sec. 1804. Limitation on preexisting conditions ``(a) The VA Group Health Plan may not impose (and an insurer under that plan may not require the Secretary impose through a waiting period for coverage under the plan or similar requirement) a limitation or exclusion of benefits relating to treatment of a condition based on the fact that the condition preexisted the effective date of the plan with respect to an individual if-- ``(1) the condition relates to a condition that was not diagnosed or treated within three months before the date of coverage under the plan; ``(2) the limitation or exclusion extends over more than six months after the date of coverage under the plan; ``(3) the limitation or exclusion applies to an individual who, as of the date of birth, was covered under the plan; or ``(4) the limitation or exclusion relates to pregnancy. In the case of an individual who is eligible for coverage under a plan but for a waiting period imposed by the employer, in applying paragraphs (1) and (2), the individual shall be treated as having been covered under the plan as of the earliest date of the beginning of the waiting period. ``(b)(1) The Secretary, for purposes of the VA Group Health Plan, shall waive any period applicable to a preexisting condition for similar benefits with respect to an individual to the extent that the individual, before the date of such individual's enrollment in such plan, was covered for the condition under any other health plan that was in effect before such date. ``(2) Paragraph (1) shall no longer apply if there is a continuous period of more than 60 days (or, in the case of an individual who loses coverage under a group health plan due to termination of employment, six months) on which the individual was not covered under a group health plan. ``(3) In applying paragraph (2), any waiting period imposed by an employer before an employee is eligible to be covered under a plan shall be treated as a period in which the employee was covered under a group health plan. ``Sec. 1805. Plan to be self supporting ``The Secretary shall administer the VA Group Health Plan so as to ensure that no appropriated funds are required for the operation of the plan (other than as necessary for startup and transition costs). The Secretary shall establish such premiums, copayments, and other charges for the plan as necessary. ``Sec. 1806. Annual report ``(a) The Secretary shall submit to Congress an annual report on the VA Group Health Plan. The report shall provide information on prices, health outcomes, and enrollee satisfaction under the plan and any other information the Secretary considers appropriate concerning the quality of the plan, including a breakdown of the portion of premiums under the plan that are attributable to the overhead operations of the plan. ``(b) The report shall be submitted each year before the annual general enrollment period. The Secretary shall make such report available to other interested persons.''. (2) The table of chapters at the beginning of part II of title 38, United States Code, is amended by inserting after the item relating to chapter 17 the following new item: ``18. VA Group Health Plan.................................. 1801.''. (b) Initial Report.--The initial report of the Secretary of Veterans Affairs under section 1806 of title 38, United States Code, as added by subsection (a), shall be submitted no later than September 30, 1995. The report shall include a cost analysis for the plan and a range of premiums and copayments that may be implemented under the plan. SEC. 5. MANAGED CARE SYSTEM OF HEALTH DELIVERY. (a) Chapter 73 of title 38, United States Code, is amended by inserting after section 7306 the following new sections: ``Sec. 7307. Managed care ``(a) The Secretary shall administer the health programs of the Veterans Health Administration through use of the model of medical practice known as `managed care'. ``(b) In implementing a managed care system, the Under Secretary shall, to the extent possible-- ``(1) shift the focus of care provided by the Veterans Health Administration to primary care; ``(2) establish enhanced quality assurance mechanisms; and ``(3) establish utilization review procedures to prevent inefficient practices. ``Sec. 7308. Veterans Service Areas ``The Secretary shall organize the health care delivery services and resources of the Veterans Health Administration into geographic regions to be known as Veterans Service Areas.''. (b) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7306 the following new items: ``7307. Managed care. ``7308. Veterans Service Areas.''. (c) If, as of the date of the enactment of this Act, the position of Under Secretary for Health of the Department of Veterans Affairs is vacant, the provisions of section 7308 of title 38, United States Code, as added by subsection (a), shall not take effect until an individual is appointed to that position. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Veterans Affairs for each of fiscal years 1995 through 1999 (in constant fiscal year 1995 dollars)-- (1) $200,000,000 to acquire medical equipment to relieve the existing medical equipment backlog in Department of Veterans Affairs medical facilities; and (2) $500,000,000 for improvements of infrastructure, patient care amenities, primary care services, and personnel and for medical facility construction projects (subject to section 8104 of title 38, United States Code).", "summary": "Veterans' Health Care Eligibility Reform Act of 1994 - Defines \"continuum of health care\" and \"noninstitutional long-term care\" under veterans' health care provisions. Directs the Secretary of Veterans Affairs to provide a continuum of health care to veterans eligible for veterans' benefits. (Sec. 2) Directs the Secretary to provide institutional nursing home care to certain disabled veterans or those in receipt of a veterans' pension. Allows for recovery of nursing home care costs by the Secretary if the veteran is also eligible for such care through a State plan under title XIX (Medicaid) of the Social Security Act. Designates a Department of Veterans Affairs facility as a Medicare provider for purposes of any program administered by the Secretary of Health and Human Services (HHS) under title XVIII (Medicare) of the Social Security Act. Declares a Department medical center as a Medicare HMO. Directs the HHS Secretary to reimburse a Department facility or medical center for providing services as a Medicare provider in the case of care for a non-service-connected disability of a veteran eligible for Medicare benefits. (Sec. 3) Directs the Secretary to develop a plan to implement the provision of institutional long-term care for veterans who: (1) have a service-connected disability of less than 50 percent; (2) have an annual income below a formulated amount; (3) have a catastrophic nonservice-connected disability; or (4) require such care as a follow-up to inpatient care. Outlines, with respect to such care, provisions concerning: (1) premiums and copayments for covered veterans; (2) the issuance of a long-term care insurance contract; and (3) a report from the Secretary to the Congress on the costs of the plan and the insurance contract and legislation required for plan implementation. (Sec. 4) Directs the Secretary to administer a program of health insurance known as the VA Group Health Plan as a managed-care plan meeting specified requirements. Allows any eligible veteran and his or her spouse or child to be enrolled in the Plan. Provides Plan enrollment requirements. Prohibits the Plan from imposing a limitation or exclusion of benefits relating to treatment for certain preexisting conditions. Directs the Secretary to administer the Plan so that no appropriated funds are required for Plan operation. Requires an annual report to the Congress by the Secretary on Plan operation, as well as an initial report. (Sec. 5) Directs the Secretary to administer the health programs of the Veterans Health Administration (VHA) through use of a managed care medical practice model, with limitations. Directs the Secretary to organize the VHA health care delivery and resources into geographic regions known as veterans service areas. (Sec. 6) Authorizes appropriations to the Secretary for FY 1995 through 1999 for: (1) acquiring medical equipment to relieve existing medical equipment backlogs in Department facilities; and (2) infrastructure improvement, patient care amenities, primary care services and personnel, and medical facility construction projects."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Iran's Access to United States Dollars Act of 2016''. SEC. 2. PROHIBITION ON FACILITATION OF CERTAIN TRANSACTIONS INVOLVING THE GOVERNMENT OF IRAN OR IRANIAN PERSONS. (a) In General.--The President shall not issue any license under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) that permits a person-- (1) to conduct an offshore United States dollar clearing system for transactions involving the Government of Iran or an Iranian person; or (2) to provide United States dollars for any offshore United States dollar clearing system conducted or overseen by a foreign government or a foreign financial institution for transactions involving the Government of Iran or an Iranian person. (b) Definitions.--In this section: (1) Entity.--The term ``entity'' means a corporation, business association, partnership, trust, society, or any other entity. (2) Foreign financial institution.--The term ``foreign financial institution'' has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)). (3) Person.--The term ``person'' means an individual or entity. SEC. 3. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO, OFFSHORE UNITED STATES DOLLAR CLEARING FOR TRANSACTIONS INVOLVING THE GOVERNMENT OF IRAN OR IRANIAN PERSONS. (a) Reports Required.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and not less frequently than once every 90 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees and publish in the Federal Register a report that contains-- (A) a list of any financial institutions that the Secretary has identified as-- (i) operating an offshore United States dollar clearing system that conducts transactions involving the Government of Iran or an Iranian person; or (ii) participating in a transaction described in clause (i) through a system described in that clause; and (B) a detailed assessment of the status of efforts by the Secretary to prevent the conduct of transactions described in subparagraph (A)(i) through systems described in that subparagraph. (2) Form of report.--Each report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of Sanctions.-- (1) In general.--The President shall, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any financial institution specified in the most recent list submitted under subsection (a)(1)(A) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Additional sanctions.--The President may impose additional sanctions under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to a financial institution that is subject to sanctions under paragraph (1). (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). SEC. 4. CLARIFICATION THAT FREEZING OF ASSETS OF IRANIAN FINANCIAL INSTITUTIONS INCLUDES ASSETS IN POSSESSION OR CONTROL OF A UNITED STATES PERSON PURSUANT TO A U-TURN TRANSACTION. Section 1245(c) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a) is amended-- (1) by striking ``The President'' and inserting ``(1) In general.--The President''; and (2) by adding at the end the following: ``(2) Treatment of certain transactions.-- ``(A) U-turn transactions.--Property that comes within the possession or control of a United States person pursuant to a transfer of funds that arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction shall be considered to come within the possession or control of that person for purposes of paragraph (1). ``(B) Book transfers.--A transfer of funds or other property for the benefit of an Iranian financial institution that is made between accounts of the same financial institution shall be considered property or interests in property of that Iranian financial institution for purposes of paragraph (1) even if that Iranian financial institution is not the direct recipient of the transfer.''.", "summary": "Preventing Iran's Access to United States Dollars Act of 2016 This bill prohibits the President from issuing a license that permits a person to: conduct an offshore U.S. dollar clearing system for transactions involving the government of Iran or an Iranian person, or provide U.S. dollars for any offshore U.S. dollar clearing system conducted by a foreign government or a foreign financial institution for transactions involving the government of Iran or an Iranian person. The Department of the Treasury shall report to Congress: a list of financial institutions operating or participating in an offshore U.S. dollar clearing system that conducts transactions involving the government of Iran or an Iranian person, and an assessment of Treasury efforts to prevent such transactions. The President shall block and prohibit all transactions in property and property interests of any listed institution if the property and interests: (1) are in the United States, (2) come within the United States, or (3) are or come within the possession or control of a U.S. person. The President may impose additional sanctions pursuant to the International Emergency Economic Powers Act. The National Defense Authorization Act for Fiscal Year 2012 is amended to subject to sanctions: (1) u-turn transactions (fund transfers from a foreign bank that pass through a U.S. financial institution and are then transferred to a second foreign bank), and (2) book transfers (fund transfers for the benefit of an Iranian financial institution made between accounts of the same financial institution)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Biased IRS Audit Systems Prevention Act''. SEC. 2. ENSURING AUDIT TRANSPARENCY AND FAIRNESS. (a) Audit Transparency.-- (1) In general.--The Secretary shall-- (A) not later than the time a taxpayer is notified a tax return has been selected for an audit by the Internal Revenue Service, provide to the taxpayer sufficient information regarding the reason the tax return was selected for an audit, and (B) preserve, in accordance with paragraph (3), and make available for review by an applicable oversight entity, any information or criteria used by the Internal Revenue Service in selecting a tax return for auditing. (2) Information required to be disclosed to the taxpayer.-- For purposes of paragraph (1)(A): (A) Returns selected based on computer modeling.-- In the case of any tax return selected for auditing based in whole or in part upon computer modeling, the information disclosed to the taxpayer shall include a description of any data used in such modeling which was-- (i) provided by the taxpayer, including whether such information was filed electronically by the taxpayer or transcribed from a return which was printed and filed on paper, and (ii) provided from information obtained by the Internal Revenue Service from sources other than the taxpayer. (B) Returns selected other than by computer modeling.--In the case of any tax return selected for auditing based in whole or in part upon a method other than computer modeling, the information disclosed to the taxpayer shall include the method employed and any data sources used by the examiner, including the methodology employed by the examiner for determining the validity of such sources. (C) No requirement to disclose identity of another taxpayer.--The Secretary is not required to disclose the return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) of any person other than the taxpayer whose return has been selected for audit. (3) Methodology for preserving information for oversight.-- For purposes of paragraph (1)(B)-- (A) In general.--The Secretary shall document and record how many returns are selected for auditing based on-- (i) randomized selection, (ii) scoring under the Discriminant Index Function System, (iii) a determination by an Internal Revenue Service examiner, (iv) any methodology not described in clauses (i) through (iii), and (v) any combination of methodologies described in clauses (i) through (iv). (B) Internally obtained information.--In the case of any tax return which is selected for audit in whole or in part based on information obtained by the Internal Revenue Service from sources other than the taxpayer, the Secretary shall document and record the source of such information. (4) Definitions.--For purposes of this subsection: (A) Applicable entity.--The term ``applicable oversight entity'' means any entity with responsibility for oversight of the activities of the Internal Revenue Service, including Congress, the Treasury Inspector General for Tax Administration, the Comptroller General, the National Taxpayer Advocate, and the Internal Revenue Service Oversight Board (as described in section 7802 of the Internal Revenue Code of 1986). (B) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or such Secretary's delegate. (5) Effective date.--This subsection shall apply to tax returns selected for audit after the date of the enactment of this Act. (b) Termination of Research Audits.-- (1) In general.--The Internal Revenue Service may not conduct any audit, investigation, or examination of a taxpayer that is primarily for the purpose of research. (2) Transfer of resources to prevent tax identity theft.-- (A) In general.--To the maximum extent possible, the Commissioner of Internal Revenue shall repurpose resources for the National Research Program to combating tax refund fraud and identity theft. (B) Report.--Not later than 6 months after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to Congress a report on the resources that have been repurposed pursuant to subparagraph (A).", "summary": "Biased IRS Audit Systems Prevention Act This bill directs the Internal Revenue Service (IRS) to: (1)  provide a taxpayer who is selected for an audit sufficient information regarding the reason the taxpayer's return was selected for an audit and to preserve such information for review; (2) document and record how many returns are selected for audit based on randomized selection, scoring under the Discriminant Index Function System, a determination by an IRS examiner, and other methodologies; and (3) repurpose resources for the National Research Program (taxpayer data collection program) to combat tax refund fraud and identity theft. The bill prohibits the IRS from conducting any audit, investigation, or examination of a taxpayer that is primarily for research purposes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Employment and Training Assistance Act''. SEC. 2. SPECIAL RULES FOR NATIONAL EMERGENCY GRANTS RELATED TO HURRICANE KATRINA. (a) Use of Grants for Projects Outside Disaster Area.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may be used to provide disaster relief employment and other assistance under section 173(d)(1) of such Act (29 U.S.C. 2918(d)(1)) on projects that provide assistance in areas outside of the disaster area (as such term is defined in section 173(a)(2) of such Act). (b) Expanded Eligibility for Disaster Relief Employment.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina may be used to provide disaster relief employment and other assistance under section 173(d)(1) of such Act, or public sector employment authorized under subsection (c) of this Act, to individuals who were unemployed at the time of the emergency or major disaster involved and to individuals who are without employment history, in addition to individuals described in section 173(d)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)(2)). (c) Authorization for General Public Sector Employment.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina may be used to provide to eligible individuals temporary employment by public sector entities for a period not to exceed 6 months in addition to disaster relief employment described in section 173(d)(1) of such Act. (d) Extension of the Duration of Disaster Relief Employment.--The Secretary of Labor may extend the 6-month maximum duration of employment under this Act and under section 173(d) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)) for not more than an additional 6 months due to extraordinary circumstances. (e) Priority for Disaster Relief Employment Funds.--In awarding national emergency grants to States under section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina by providing disaster relief employment, the Secretary of Labor shall-- (1) first, give priority to States in which areas that have suffered major disasters (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) are located; and (2) second, give priority to the remaining States that have been most heavily impacted by the demand for services by workers affected by Hurricane Katrina. (f) Documentation.--In providing disaster relief employment under section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)), an entity shall not deny such employment to a worker affected by Hurricane Katrina because of the worker's inability, due to the effects of Hurricane Katrina, to provide at the time of application appropriate documentation of eligibility under section 173(d)(2) of such Act (29 U.S.C. 2918(d)(2)). (g) Eligibility for Needs-Related Payments.--Funds provided to States that submit applications for asisstance described in section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may be used to provide needs-related payments (described in section 134(e)(3) of such Act (29 U.S.C. 2864(e)(3))) to individuals described in subsection (b) who do not qualify for (or have ceased to qualify for) unemployment compensation, and who are not employed on a project described under section 173(d) of such Act, for the purpose of enabling such individuals to participate in activities described in paragraphs (2), (3), or (4) of section 134(d) of such Act. (h) Use of Available Funds.--With the approval of the Secretary of Labor, any State may use funds that remain available for expenditure under any grants awarded to the State under section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) or under this section, to provide any assistance authorized under such section 173 or this section, or personal protective equipment not otherwise available through public funds or private contributions, to assist workers affected by Hurricane Katrina, including workers who have relocated from areas for which an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of Hurricane Katrina. (i) Expanded Eligibility for Employment and Training Activities.-- (1) In general.--In awarding national emergency grants under section 173(a)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(1)), the Secretary may award such a grant to an entity to provide employment and training assistance available under section 173(a)(1) of such Act to workers affected by Hurricane Katrina, including workers who have relocated from areas for which an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of Hurricane Katrina. (2) Eligible entity.--In this subsection, the term ``entity'' means a State, a local board (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), or an entity described in section 166(c) of such Act (29 U.S.C. 2911(c)), that submits an application for assistance described in section 173(a)(1) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina. SEC. 3. SENSE OF CONGRESS. (a) Mobile One-Stop Centers.--It is the sense of Congress that States that operate mobile one-stop centers, established as part of one-stop delivery systems authorized under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) should, where possible, make such centers available for use in the areas affected by Hurricane Katrina, and areas where large numbers of workers affected by Hurricane Katrina have been relocated. (b) Expanded Operational Hours.--It is the sense of Congress that one-stop operators (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) should increase access for workers affected by Hurricane Katrina to the one-stop delivery systems authorized under subtitle B of title I of such Act, including through the implementation of expanded operational hours at one-stop centers and on-site services for individuals in temporary housing locations.", "summary": "Hurricane Katrina Employment and Training Assistance Act - Allows national emergency grant funds to states under the Workforce Investment Act of 1998 (WIA) for addressing the effects of Hurricane Katrina (HK) to be used to provide disaster relief employment on projects that provide assistance in areas outside of the HK-disaster area. Allows such funds to be used to provide disaster relief employment and other WIA assistance, or temporary general public sector employment, to HK-affected individuals, including those who have relocated from states in the disaster area, who were unemployed at the time of the disaster, or who are without employment history, in addition those who meet WIA eligibility requirements. Limits such general public sector employment to not more than six months in addition to such disaster relief employment. Authorizes the Secretary of Labor, however, to extend the duration of employment under this Act and WIA for up to an additional six months due to extraordinary circumstances. Directs the Secretary, in awarding WIA national emergency grants for disaster relief employment, to give priority: (1) first, to states with major disaster areas; and (2) second, to the remaining states that have been most heavily impacted by the demand for services by HK-affected workers. Prohibits an entity that is providing such disaster relief employment from denying such employment because of an HK-affected worker's inability, due to HK's effects, to provide documentation of eligibility. Allows any state, with the Secretary's approval, to use available WIA national emergency grant funds to assist HK-affected workers, including those who have relocated from states in the HK-disaster area. Authorizes the Secretary to award a WIA national emergency grant for employment and training assistance (ETA) for dislocated workers to an eligible entity to provide ETA to HK-affected workers, including workers who have relocated from HK-disaster areas. (Sec. 3) Expresses the sense of Congress that: (1) states operating one-stop centers should make them available for use in HK-affected areas and areas where large numbers of HK's victims have been relocated; and (2) one-stop operators should increase access for HK-affected individuals, including through expanded operational hours and on-site services for those in temporary housing locations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Child Deserves a Family Act''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) There is a shortage of qualified individuals willing to adopt or foster a child in the child welfare system. As a result, thousands of foster children lack a permanent and safe home. (2) In order to open more homes to foster children, child welfare agencies should work to eliminate sexual orientation, gender identification, and marital status discrimination and bias in adoption and foster care recruitment, selection, and placement procedures. (3) Of the estimated 500,000 children in the United States foster care system, over 129,000 cannot return to their original families and are legally free for adoption. (A) Fifty-one thousand children were adopted in 2007, while 25,000 youth ``aged out'' of the foster care system. (B) Research shows that youth who ``age out'' of the foster care system are at a high risk for poverty, homelessness, incarceration, and early parenthood. (C) Increasing adoption rates, in addition to establishing permanency and decreasing risk factors for foster youth, can yield annual national cost savings between $3,300,000,000 and $6,300,000,000. (4) As of 2007, gay, lesbian, and bisexual parents were raising 4 percent of all adopted children and fostering for 3 percent of all foster children. A report from the Evan B. Donaldson Institute found that an additional 2,000,000 gay, lesbian, and bisexual individuals are interested in adoption. (5) According to the Urban Institute, same-sex couples raising adopted children tend to be older, more educated, and have more economic resources than other adoptive parents. Studies confirm that children with same-sex parents have the same advantages and same expectations for health, social and psychological adjustment, and development as children whose parents are heterosexual. (6) An Evan B. Donaldson Adoption Institute study found that one-third of child welfare agencies in the United States currently reject gay, lesbian, and bisexual applicants, citing a conflict with the religious beliefs associated with the agency, State law prohibiting placement with gay, lesbian, or bisexual parents, or a policy of placing children with married- heterosexual only couples. (A) The practice of prohibiting applicants from becoming foster parents or adopting children solely on the basis of sexual orientation or marital status has resulted in reducing the number of qualified adoptive and foster parents overall and denying gay, lesbian, bisexual, and unmarried relatives the opportunity to become foster parents for their own kin, including grandchildren, or to adopt their own kin, including grandchildren, from foster care. (B) Over 14,000 children are currently in placements with gay, lesbian, and bisexual adoptive and foster parents. If other States followed the minority of States and discriminated against qualified individuals because of their sexual orientation or marital status, foster care expenditures would increase between $87,000,000 and $130,000,000 per year in order to pay for additional institutional and group care, as well as to recruit and train new foster and adoptive parents. (7) Some States allow 1 member of a same-sex couple to adopt, but do not recognize both members of the couple as the child's legal parents. Recognition of joint and second-parent adoption provides children with the same rights and security that children of heterosexual parents enjoy. These protections include access to both parents' health benefits; survivor's, Social Security, and child support entitlements; legal grounds for either parent to provide consent for medical care, education, and other important decisions; as well as the establishment of permanency for both parents and child. (8) Professional organizations in the fields of medicine, law, and child welfare have taken official positions in support of the ability of qualified gay, lesbian, bisexual, and unmarried couples to foster and adopt, as supported by scientific research showing sexual orientation as a nondeterminative factor in parental success. (b) Purposes.--The purposes of this Act are to decrease the length of time that children wait for permanency with a loving family and to promote the best interests of children in the child welfare system by preventing discrimination in adoption and foster care placements based on sexual orientation, gender identification, or marital status. SEC. 3. EVERY CHILD DESERVES A FAMILY. (a) Activities.-- (1) Prohibition.--An entity that receives Federal assistance and is involved in adoption or foster care placements may not-- (A) categorically deny to any person the opportunity to become an adoptive or a foster parent solely on the basis of the sexual orientation, gender identification, or marital status of the person; (B) delay or deny the placement of a child for adoption or into foster care, or otherwise discriminate in making a placement decision, solely on the basis of the sexual orientation, gender identification, or marital status of any prospective adoptive or foster parent; or (C) deny or limit the parental rights of an adoptive parent based on the adoptive parent's sexual orientation, gender identification, or marital status. (2) Definition.--In this subsection, the term ``placement decision'' means the decision to place, or to delay or deny the placement of, a child in a foster care or an adoptive home, and includes the decision of the agency or entity involved to seek the termination of birth parent rights or otherwise make a child legally available for adoptive placement. (b) Equitable Relief.--Any individual who is aggrieved by an action in violation of subsection (a) may bring an action seeking relief in a United States district court of appropriate jurisdiction. (c) Federal Guidance.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish guidance to concerned entities with respect to compliance with this section. (d) Deadline for Compliance.-- (1) In general.--Except as provided in paragraph (2), an entity that receives Federal assistance and is involved with adoption or foster care placements shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of the enactment of this Act, whichever occurs first. (2) Authority to extend deadline.--If a State demonstrates to the satisfaction of the Secretary of Health and Human Services that it is necessary to amend State statutory law in order to change a particular practice that is inconsistent with this section, the Secretary may extend the compliance date for the State a reasonable number of days after the close of the first State legislative session beginning after the date the guidance referred to in subsection (c) is published. (3) Authority to withhold funds.--If a State fails to comply with this section, the Secretary may withhold payment to the State of amounts otherwise payable to the State under part B or E of title IV of the Social Security Act, to the extent the Secretary deems the withholding necessary to induce the State into compliance with this section. (e) GAO Study.-- (1) In general.--Within 5 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with this Act, including specifically whether the States have-- (A) eliminated policies, practices, or statutes that deny to any otherwise qualified person the opportunity to become an adoptive or foster parent solely on the basis of the sexual orientation, gender identification, or marital status of the person; (B) removed all program, policy, or statutory barriers that delay or deny the placement of a child for adoption or into foster care, or otherwise discriminate in making a placement decision, solely on the basis of the sexual orientation, gender identification, or marital status of any qualified, prospective adoptive or foster parent; and (C) eliminated all policies, practices, or statutes that deny or limit the parental rights of an adoptive parent based on the adoptive parent's sexual orientation, gender identification, or marital status. (2) Report to the congress.--Within 1 year after completing the study required by paragraph (1), the Comptroller General shall submit to the Congress a written report that contains the results of the study.", "summary": "Every Child Deserves a Family Act - Prohibits an entity that receives federal assistance and is involved in adoption or foster care placements from discriminating against prospective adoptive or foster parents solely on the basis of their sexual orientation, gender identification, or martial status. Requires a General Accounting Office study and report to Congress on whether states have substantially complied with this Act in eliminating policies, practices, or statutes that deny adoption rights on the basis of these criteria."}
{"article": "SECTION 1. AUTHORITY TO ISSUE A RULE RELATING TO ERGONOMICS. (a) Findings.--Congress makes the following findings: (1) The National Academy of Sciences issued a report entitled `Musculoskeletal Disorders and the Workplace--Low Back and Upper Extremities' on January 18, 2001. The report was issued after the Occupational Safety and Health Administration promulgated a final rule relating to ergonomics (published at 65 Fed. Reg. 68261 (2000)). (2) According to the National Academy of Sciences, musculoskeletal disorders of the low back and upper extremities are an important and costly national health problem. An estimated 1,000,000 workers each year lose time from work as a result of work-related musculoskeletal disorders. (3) Conservative estimates of the economic burden imposed by work-related musculoskeletal disorders, as measured by compensation costs, lost wages, and lost productivity, are between $45,000,000,000 and $54,000,000,000 annually. (4) Congress enacted the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) to `assure so far as possible every working man and woman in the Nation safe and healthful working conditions,' and charged the Secretary of Labor with implementing the Act to accomplish this purpose. (5) Promulgation of a standard on workplace ergonomics is needed to address a serious workplace safety and health problem and to protect working men and women from work-related musculoskeletal disorders. Any workplace ergonomics standard should take into account the cost and feasibility of compliance with such requirements and the sound science of the National Academy of Sciences report. (b) Authority to Issue Rule.-- (1) In general.--Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, in accordance with section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), issue a final rule relating to ergonomics. The standard under the final rule shall take effect not later than 90 days after the date on which the rule is promulgated. (2) Requirements for standard.--The standard described in paragraph (1) shall-- (A) address work-related musculoskeletal disorders and workplace ergonomic hazards; (B) not apply to musculoskeletal disorders that are not related to work; (C) set forth in clear terms-- (i) the circumstances under which an employer is required to take action to address ergonomic hazards; (ii) the measures required of an employer under the standard; and (iii) the compliance obligations of an employer under the standard; (D) emphasize the prevention of injuries before they occur; and (E) cover all industries where workers are exposed to workplace ergonomic hazards and there are economically and technologically feasible measures to control these hazards. (3) Basis for standard.--The standard described in paragraph (1) shall be based upon-- (A) the best available evidence, including the complete record of evidence assembled by the Department of Labor on ergonomics in Docket S-777, initiated August 3, 1992; and (B) employer and industry practices that have effectively reduced exposures to ergonomic hazards and the occurrence of work-related musculoskeletal disorders. In promulgating the standard, the Secretary shall consider existing standards on ergonomics or preventing work-related musculoskeletal disorders established by national consensus or recognized private standard setting organizations, States, and other countries. (4) Authorization.--Paragraph (1) shall be considered a specific authorization by Congress in accordance with section 801(b)(2) of title 5, United States Code, with respect to the issuance of a new ergonomic rule. (5) Prohibition.--In issuing a new rule under this subsection, the Secretary of Labor shall ensure that nothing in the rule expands the application of State workers' compensation laws. (6) Standard setting authority.--Nothing in this subsection shall be construed to restrict or alter the authority of the Secretary of Labor under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) to adopt health or safety standards (as defined in section 3(8) (29 U.S.C. 652(8)) of such Act) pursuant to section 6 (29 U.S.C. 655) of such Act. (7) Information and training materials.--The Secretary of Labor shall, prior to the date on which the new rule under this subsection becomes effective, develop information and training materials, and implement an outreach program and other initiatives, to provide compliance assistance to employers and employees concerning the new rule and the requirements under the rule.", "summary": "Directs the Secretary of Labor, in accordance with specified provisions of the Occupational Safety and Health Act of 1970, to issue a final rule relating to ergonomics."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Windfall Oil Profits For Heating Assistance Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The overall net income for the 14 major petroleum companies more than doubled in the second quarter of 2000 relative to the second quarter of 1999, to $10,300,000,000. (2) In the second quarter of 2000, BP Amoco reported profits of $2,870,000,000, Chevron Corporation reported profits of $1,140,000,000, Conoco reported profits of $460,000,000, Exxon Mobil Corporation reported profits of $4,530,000,000, Marathon Oil Company reported profits of $367,000,000, Phillips Petroleum Company reported profits of $439,000,000, Royal Dutch/Shell Group reported profits of $3,150,000,000, and Texaco, Inc. reported profits of $641,000,000. (3) When compared to the second quarter of 1999, the profits in the second quarter of 2000 increased 133 percent for BP Amoco, 136 percent for Chevron, 205 percent for Conoco, 123 percent for Exxon Mobil, 208 percent for Marathon, 275 percent for Phillips, 96 percent for Shell, and 124 percent for Texaco. (4) The profits in the second quarter of 2000 for BP Amoco, Chevron, Conoco, Exxon Mobil, and Shell were record quarterly profits for these oil companies. (5) In the first quarter of 2000, ARCO reported profits of $333,000,000, BP Amoco reported profits of $2,680,000,000, Chevron reported profits of $1,100,000,000, Conoco reported profits of $391,000,000, Exxon Mobil reported profits of $3,350,000,000, Phillips reported profits of $250,000,000, Shell reported profits of $3,130,000,000, and Texaco reported profits of $602,000,000. (6) When compared to the first quarter of 1999, the profits in the first quarter of 2000 increased 136 percent for ARCO, 296 percent for BP Amoco, 291 percent for Chevron, 371 percent for Conoco, 108 percent for Exxon Mobil, 257 percent for Phillips, 117 percent for Shell, and 473 percent for Texaco. (7) The profits in the first quarter of 2000 for BP Amoco, Conoco, Exxon Mobil, and Shell were record quarterly profits. (8) On June 19, 2000, gasoline prices hit all-time highs across the United States, with a national average of $1.68 per gallon, according to the Energy Information Administration. (9) On September 22, 2000, the Department of Energy estimated that heating oil inventories nationwide are 36 percent lower than in 1999, in the East such inventories are 40 percent lower than in 1999, and in New England such inventories are 65 percent lower than in 1999. (10) American consumers continue to pay sky-high gasoline prices and home heating oil prices are expected to hit an all- time high in the winter of 2000-2001 while the oil industry continues to reap record profits. (b) Purpose.--The purpose of this Act is to transfer windfall profits from the oil industry to fund heating assistance for consumers and small business owners. SEC. 3. WINDFALL PROFITS ADJUSTMENT. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end the following new chapter: ``CHAPTER 55--WINDFALL PROFITS ON CRUDE OIL AND PRODUCTS THEREOF ``Sec. 5886. Imposition of tax. ``SEC. 5886. IMPOSITION OF TAX. ``(a) In General.--An excise tax is hereby imposed on the windfall profit from any domestic crude oil or other taxable product removed from the premises during the taxable year at a rate equal to 100 percent of such windfall profit. ``(b) Definitions.--For purposes of this section-- ``(1) Premises.--The term `premises' has the same meaning as when used for purposes of determining gross income from property under section 613. ``(2) Producer.--The term `producer' means the holder of the economic interest with respect to the crude oil or taxable product. ``(3) Reasonable profit.--The term `reasonable profit' means the amount determined by the Chairman of the Federal Trade Commission to be a reasonable profit on the crude oil or taxable product. ``(4) Taxable product.--The term `taxable product' means any fuel which is a product of crude oil. ``(5) Windfall profit.--The term `windfall profit' means, with respect to any removal of crude oil or taxable product, so much of the profit on such removal as exceeds a reasonable profit. ``(c) Liability for Payment of Tax.--The tax imposed by subsection (a) shall be paid by the producer of the crude oil or taxable product. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end the following new item: ``Chapter 55. Windfall profits on crude oil and products thereof.'' (c) Effective Date.--The amendments made by this section shall apply to crude oil or other products removed from the premises on or after January 1, 2000. SEC. 4. FEDERAL TRADE COMMISSION INVESTIGATION AND DETERMINATION OF REASONABLE PROFITS. (a) Investigation of Oil Industry Profits.--The Chairman of the Federal Trade Commission shall investigate the profits of the oil industry, including the 14 major petroleum companies, on the sale in the United States of any crude oil or other taxable product (as defined in section 5886(b) of the Internal Revenue Code of 1986) made after January 1, 1999. (b) Determination of Reasonable Oil Industry Profits.--The Federal Trade Commission shall make reasonable profit determinations for purposes of applying section 5886 of the Internal Revenue Code of 1986 (relating to windfall profit on crude oil and products thereof). (c) Funding.--There are authorized to be appropriated to the Federal Trade Commission such funds as are necessary to carry out this section. SEC. 5. ALLOCATION OF REVENUES FROM WINDFALL OIL PROFITS ADJUSTMENT TO HEATING ASSISTANCE. (a) Establishment of Trust Fund.--Subchapter A of chapter 98 of subtitle I of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. WINDFALL OIL PROFITS TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Windfall Oil Profits Trust Fund', consisting of such amounts as may be appropriated or credited to the Windfall Oil Profits Trust Fund as provided in this section. ``(b) Transfers to Windfall Oil Profits Trust Fund.--There are hereby appropriated to the Windfall Oil Profits Trust Fund amounts equivalent to the taxes received in the Treasury under section 5886. ``(c) Expenditures From Windfall Oil Profits Trust Fund.--Amounts in the Windfall Oil Profits Trust Fund shall be available, as provided by appropriations Acts, for making expenditures-- ``(1) in an amount not to exceed 75 percent of amounts transferred under subsection (b), for heating assistance for consumers, and ``(2) in an amount not to exceed 25 percent of amounts transferred under subsection (b), for heating assistance for small businesses.''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of subtitle I of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 9511. Windfall oil profits trust fund.''", "summary": "Directs the Federal Trade Commission to investigate the profits of the oil industry and make reasonable profit determinations. Authorizes appropriations. Establishes the Windfall Oil Profits Trust Fund consisting amounts equivalent to the taxes received pursuant to the excise tax established by this Act. Provides for expenditures from the Fund for heating assistance to consumers and small businesses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Fannie Mae and Freddie Mac Investigative Commission Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has suffered tremendously from the irresponsible and unchecked growth of the mortgage industry which proliferated under the policies of Fannie Mae and Freddie Mac. (2) The Federal conservatorship of Fannie Mae and Freddie Mac may cost the American people a minimum of $200,000,000,000, and potentially $2.4 trillion, making it potentially the largest financial bailout in our Nation's history. (3) The American people, forced to shoulder the financial burden of the bailout, deserve to know what went wrong and why. (4) Any executive officers and members of the boards of directors at Fannie Mae and Freddie Mac who may have exercised poor judgment or committed wrongdoing should be held accountable for such judgments and actions. (5) In June 2003, Freddie Mac disclosed that it had misstated its earnings by roughly $5 billion between the years 2000 and 2002 to smooth the appearance of quarterly volatility in earnings and to meet Wall Street expectations. (6) In December 2004, the Securities and Exchange Commission found that Fannie Mae had violated accounting rules and needed to restate its earnings by recording a loss of up to $9 billion from 2001 to 2004 based on board policies established prior to that period. (7) The shareholders of Fannie Mae and Freddie Mac and the employees and directors of the boards of these enterprises have enjoyed large dividends, bonuses, salaries, and other compensation based on policies and practices that may have been misguided or fraudulent. (8) In 2007, former Freddie Mac Chairman and Chief Executive Richard Syron alone received nearly $18,300,000 in compensation, despite the fact that the enterprise's stock lost half its value. (9) Last year, former Fannie Mae President and Chief Executive Daniel Mudd received compensation valued at $11,600,000. (10) Previous investigations of Fannie Mae and Freddie Mac have focused on accounting fraud, but there have not been any investigations on the policies and decisions that contributed to and exacerbated our Nation's housing crisis and financial collapse of these corporations. (11) According to the Office of Federal Housing Enterprise Oversight, regulation allowed Freddie Mac and Fannie Mae to overleverage and operate with just $83.2 billion of capital at the end of 2007, even though it supported $5.2 trillion of debt and guarantees. (12) Although the executive officers of Fannie Mae and Freddie Mac have come under scrutiny, their boards of directors have been held harmless throughout the Nation's housing crisis, despite having the authority to create, influence, and vote for the policies of such enterprises. (13) The involvement of the boards of directors in the policies of Fannie Mae and Freddie Mac has been shrouded in secrecy, as their policymaking decisions have not been publicly disclosed, despite the public protections and benefits their enterprises receive. (14) There is a need to fully understand what went wrong in the management of Fannie Mae and Freddie Mac and the misguided, potentially fraudulent board policies and practices that ultimately led to the Federal conservatorship of such enterprises so that similar mistakes will not be repeated in the future. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Independent Fannie Mae and Freddie Mac Investigative Commission'' (in this Act referred to as the ``Commission''). The Commission shall function upon the legislation being signed by the President of the United States and will conduct its investigations for a period of two years, issuing a final report upon completion with necessary hearings and assembly of related records for the period following the savings and loan crisis of the 1980s to the present. SEC. 4. DUTIES OF THE COMMISSION. The Commission shall investigate, determine, and make recommendations with respect to the following: (1) The policies, practices, and board decisions of Fannie Mae and Freddie Mac from the 1990s through the present that led to the enterprises' financial instability and the subsequent Federal conservatorship of such enterprises. (2) Fannie Mae and Freddie Mac's involvement, if any, in the creation and proliferation of the securitized mortgage instrument, and how such instrument affected the solvency of such enterprises. (3) The role of the boards of directors of Fannie Mae and Freddie Mac in developing the accounting and financial risk policies of such enterprises, particularly as they relate to subprime mortgages and the international securitization of mortgages. (4) The actions of each board member or members, executive officer or officers, or the board member or members and executive officer or officers responsible for making the financial decisions to grow such enterprises' portfolios of subprime mortgage loans. (5) The board member or members, executive officer or officers, or the board member or members and executive officer or officers responsible for making the decisions that may have encouraged the proliferation of the subprime mortgage industry. (6) The decisions that contributed to the overvaluation of risky mortgage investments in the stock market and to the growth of the subprime mortgage industry. (7) The annual compensation, stock options, and other financial benefits that accrued to each of Fannie Mae and Freddie Mac's executive officers and members of their boards of directors from 1990 to 2008. (8) The board members, if any, who financially benefitted from their appointment to either board of directors and/or through the decisions of such board. (9) The tracking of political contributions to Presidential and congressional elections and campaign funds that served to influence U.S. housing policy by board members, officers, and employees. (10) The appropriate role of Fannie Mae and Freddie Mac in the U.S. housing market nationwide and regionally. (11) Such other matters that the President or the Congress may place before the Commission. (12) The Commission shall possess full subpoena power and authority to hire necessary staff to conduct its affairs. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 9 members appointed by the President as follows: (1) One member who shall serve as the Chairperson, shall be appointed with the advice of the Senate. (2) Eight members, not more than four of whom shall be members of the same political party, to be appointed based on recommendations from the Speaker and the minority leader of the House of Representatives, and the majority leader and minority leader of the Senate, who shall each submit the names of two recommended candidates to the President. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made for the remainder of that term. If there is a vacancy in the Chair of the Commission, the remaining members of the Commission may choose from among the members an interim Chairperson to serve until a new Chairperson is appointed. SEC. 6. COMPENSATION. Members of Congress.--Members of the Commission who are Members of Congress shall not receive additional pay, allowances, or benefits by reason of their service on the Commission, but, as permitted by law, may be reimbursed for travel, subsistence, and other necessary expenses incurred when performing duties of the Commission. SEC. 7. COMMISSION HIRING ALLOWANCE. Such sums as are necessary shall be appropriated to conduct the activities of the Commission but shall be no less than $5 million annually. Recovery of any assets fraudulently accruing to members of the boards of directors shall be returned to the general Treasury to offset such expenditures.", "summary": "Independent Fannie Mae and Freddie Mac Investigative Commission Act - Establishes the Independent Fannie Mae and Freddie Mac Investigative Commission to investigate and issue a final report on the period following the savings and loan crisis of the 1980s to the present. Requires the Commission to investigate: (1) the policies, practices, and board decisions of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) from the 1990s through the present that led to their financial instability and subsequent federal conservatorship; (2) Fannie Mae and Freddie Mac's involvement, if any, in the creation and proliferation of the securitized mortgage instrument, and how such instrument affected their solvency; (3) the role of their boards of directors in developing their accounting and financial risk policies; (4) the actions of each board member or members, executive officer or officers, or the board member or members and executive officer or officers responsible for making the financial decisions to grow the enterprises' portfolios of subprime mortgage loans; and (5) the board member or members, executive officer or officers, or the board member or members and executive officer or officers responsible for making the decisions that may have encouraged the proliferation of the subprime mortgage industry."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Internet Regulatory Relief Act of 2000''. SEC. 2. REGULATION OF ADVANCED SERVICE (a) In General.--Part II of title II of the Communications Act of 1934 (47 U.S.C. 251 et seq.) is amended by adding at the end thereof the following: ``SEC. 262. PROVISION OF ADVANCED SERVICE BY INCUMBENT LOCAL EXCHANGE CARRIERS. ``(a) In General.--Notwithstanding section 2(b) of this Act, or any other provision of law, an incumbent local exchange carrier shall not be subject to the requirements of-- ``(1) section 251(c)(1), (c)(2), or (c)(5) with respect to the duty to provide, for the facilities and equipment of any requesting telecommunications carrier, interconnection with or notice of changes regarding any packet-based functionality of the local exchange carrier's network; ``(2) section 251(c)(1) or (c)(3) with respect to any network element that consists of or is created by a packet- switched or successor technology; ``(3) section 251(c)(1) or (c)(4) with respect to the provision of any advanced service; ``(4) section 251(c)(1) or (c)(6) with respect to any premises or structure used solely for network elements described in paragraph (2) of this subsection; or ``(5) section 251(c)(1), (c)(2)(3), or (c)(5) with respect to any optical fiber in the incumbent's distribution network that is used exclusively to provide telecommunications service to residential subscribers; and ``(i) that is or was either-- ``(I) deployed where previously no outside telephone distribution plant existed; ``(II) deployed as a replacement for any outside telephone distribution plant; or ``(III) deployed from a remote terminal to a customer premises; and ``(ii) where the facilities are capable of providing telephone exchange service, 10 Base T Data (or its equivalent), and VHS-quality video, or are capable of providing all of these services through the upgrade of electronics. Nothing in this subsection shall preclude the Commission or a State from requiring that an incumbent local exchange carrier provide an existing copper loop to a local exchange carrier upon request. ``(b) Buildout Requirements.-- ``(1) An incumbent local exchange carrier or affiliate shall-- ``(A) make available advanced service to 80 percent of its telephone exchange service customers in a State within 3 years of the date of enactment of the Broadband Internet Regulatory Relief Act of 2000 where such services can be provided using an industry- approved standard and existing loop facilities; and ``(B) make available advanced service to 100 percent of its telephone exchange service customers in a State within 5 years of that date within 30 days of a bona fide request by any such customer where such services can be provided using an industry-approved standard and existing loop facilities. ``(2) An incumbent local exchange carrier that satisfies the requirements of paragraph (1), within the time frames set forth therein, shall continue to receive all regulatory relief provided by subsections (a) and (c) for any service or combination of services that consists of, or includes, the offering of a capability to transmit information using a packet-switched or successor technology downstream from a provider to a consumer and upstream from a consumer to a provider at a rated speed of 128 kilobits per second or more where advanced service cannot be provided using an industry- approved standard and existing loop facilities. ``(3) If an incumbent local exchange carrier fails to comply with paragraph (1) within the time frames set forth there, the regulatory relief provided by those subsections shall not apply to it. ``(c) Pricing Flexibility.-- ``(1) Competition for advanced service.--Except as provided in this section, section 251, section 254, section 271, and section 272, no advanced service offered by an incumbent local exchange carrier nor the facilities used to provide such service shall be subject to common carrier regulation by the Commission or any State in any exchange where advanced service is being provided by an unaffiliated advanced service provider. ``(2) Petition.--An incumbent local exchange carrier seeking pricing flexibility under paragraph (1) may file a petition with the Commission seeking such relief. A petition under this paragraph is deemed to have been approved if the Commission does not act on it within 30 days after it is filed. ``(3) Unconditional relief.--If the Commission determines under paragraph (1) that advanced service is being offered by an unaffiliated provider in the manner described in that paragraph, the Commission shall approve the petition of the incumbent local exchange carrier unconditionally. ``(4) Advanced service outside an incumbent's territory.-- The rates, terms, and conditions of advanced service offered by an incumbent local exchange carrier or its affiliate are not subject to Federal or State regulation in any geographic area in which that carrier, its successor, or assigns was not the local incumbent exchange carrier on February 8, 1996. ``(5) Schedule of charges.--For any advanced service that has not been determined by the Commission to be subject to competition under paragraph (1), the incumbent local exchange carrier furnishing such advanced service shall file with the Commission a schedule of charges and practices for such advanced service in a manner prescribed by the Commission under section 203. Any such schedule of charges and practices shall be deemed lawful and shall be effective 2 days after the date on which it was filed with the Commission unless the Commission takes action under section 204(a)(1) before the end of that 2- day period. ``(d) Noncompliance With Loop Provisioning and Collocation Rules.-- ``(1) State determination.--Except as provided in paragraph (2), subsections (a) and (c) shall cease to apply to an incumbent local exchange carrier after the date on which a State makes a final determination based on clear and convincing evidence, in response to a complaint filed by another local exchange carrier, that the incumbent local exchange carrier has materially failed to comply with the rules of the Commission with respect to collocation or the rules of the Commission or the State with respect to loop provisioning. The burden of proof shall be on the complainant. ``(2) Reinstatement.-- ``(A) In general.--An incumbent local exchange carrier to which subsections (a) and (c) have ceased to apply because of a determination by a State under paragraph (1) may petition the State for a reinstatement of the application of those subsections. ``(B) Determination required.--If the State that made the determination described in paragraph (1) subsequently makes a final determination that the carrier has complied fully with the rule with which the carrier was found, under paragraph (1), not to have complied, then the application of subsections (a) and (c) to that incumbent local exchange carrier shall be reinstated as of the date of that subsequent final determination. ``(C) Determination deemed affirmative if state fails to act within 90 days.--For purposes of subparagraph (B), a State that fails to make a determination on a petition filed under subparagraph (A) within 90 days shall be deemed to have made a determination that the carrier is in full compliance with the rules of the Commission with respect to collocation and the rules of the Commission and the State with respect to loop provisioning. ``(e) Remote Terminals.-- ``(1) An incumbent local exchange carrier using equipment located in a remote terminal to provide advanced services shall have the duty to provide to any requesting telecommunications carrier-- ``(A) access to subloop elements at such remote terminal for the provision of advanced services; and ``(B) access to rights of way consistent with section 251(b)(4). ``(2) Collocation not required.--Nothing in paragraph (1), any other provision of this Act, nor any other provision of law shall require an incumbent local exchange carrier to provide collocation at a remote terminal to any person. ``(f) Definitions.--For purposes of this section-- ``(1) the term `incumbent local exchange carrier' has the meaning given to that term by section 251(h); ``(2) the term `customer premises' means the customer's physical property or adjacent easement; and ``(3) the term `remote terminal' means the point in the incumbent local exchange carrier's network where the electronic capability to provide advanced service is deployed and where such carrier provides subloop unbundling.''. SEC. 3. AMENDMENTS. (a) Section 251(b) of the Communications Act of 1934 (47 U.S.C. 251(b)) is amended by adding at the end thereof the following: ``Notwithstanding paragraph (5), after the date of enactment of the Broadband Internet Regulatory Relief Act of 2000, no local exchange carrier shall be required to make any payment for the transport, delivery, or termination of telecommunications to, or telecommunications that connects to, the Internet or any Internet service provider. The transport, delivery, or termination of telecommunications to, or telecommunications that connects to, the Internet or any Internet service provider is hereby deemed to be an interstate communication and subject to the exclusive jurisdiction of the Commission. The provisions of this subsection following paragraph (5) do not alter the terms of any interconnection agreement in effect on May 10, 2000, during the existing term of any such agreement. Neither section 252(i) nor any other legal or regulatory requirement shall require any local exchange carrier to make available to any other telecommunications carrier an interconnection arrangement under this subsection that is in an agreement that is in effect on or after May 10, 2000. For the purposes of this subsection, the term `existing term' means the initial period of any interconnection agreement and does not include any period provided for negotiation or any extension of the initial period.''. (b) Section 251(c)(3) of that Act (47 U.S.C. 251(c)(3)) is amended by adding at the end thereof the following: ``An incumbent local exchange carrier shall not be required to provide network elements on an unbundled basis unless those elements are to be used predominantly to provide telephone exchange service.''. (c) Section 251(f) of that Act (47 U.S.C. 251(f)) is amended by adding at the end thereof the following: ``(3) Exemption for advanced services.--Neither section 251(c) nor any other common carrier regulation shall apply to any local exchange carrier with fewer than 2 percent of the nation's subscriber lines installed in the aggregate with respect to its provision of advanced services. Any such carrier may at its option continue to file tariffs for any advanced service and may also continue to participate in any National Exchange Carrier Association pooling arrangement.''. SEC. 4. DEFINITIONS. (a) In General.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended by-- (1) redesignating paragraphs (1) through (51) as paragraphs (3) through (53), respectively; and (2) inserting before paragraph (3), as redesignated, the following: ``(1) Advanced service.--The term `advanced service' means any service or combination of services that consists of, or includes, the offering of a capability to transmit information using a packet-switched or successor technology downstream from a provider to a consumer at a rated speed of 200 kilobits per second or more and upstream from a consumer to a provider at a rated speed of 128 kilobits per second or more for access to other services, to the Internet or other information or data services, or to private network or data facilities. ``(2) Advanced service provider.--The term `advanced service provider' means any provider of advanced services.''. (b) Conforming Amendment.--Section 271(c)(1)(A) of the Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by striking ``3(47)(A),'' and inserting ``3(50)(A),''.", "summary": "Requires such carrier to make advanced service available: (1) to 80 percent of its customers in a State within three years after enactment of this Act, where such services can be provided using an industry-approved standard and existing loop facilities; and (2) within five years of such date, upon request of any customer. Allows carriers that meet such time limits to continue to receive the regulatory relief provided under this Act, while discontinuing such relief for failure to do so. Prohibits advanced service offered by such carriers from being subject to common carrier regulation by the FCC or a State in any exchange where advanced service is being provided by an unaffiliated advanced service provider. Allows for a petition to the FCC for such regulatory relief. Prohibits Federal or State regulation in any geographic area in which the carrier was not the local incumbent exchange carrier on February 8, 1996. States that, for services not found to be subject to unaffiliated competition, the carrier furnishing advanced service must file with the FCC a schedule of charges and practices. Discontinues the regulatory relief provided under this Act for a carrier for which a State makes a final determination of failure to comply with FCC or State rules concerning collocation or loop provisioning (with authorized reinstatement). Requires carriers using equipment located in a remote terminal to provide to any requesting telecommunications carrier access to subloop elements at such terminal for the provision of advanced services and rights-of- way for such purposes. Mandates that no carrier shall be required to: (1) make any payment for the transport, delivery, or termination of telecommunications to the Internet or any Internet service provider (making such actions subject to exclusive FCC jurisdiction); or (2) provide network elements on an unbundled basis unless those elements are to be used predominately to provide telephone exchange service."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Affordability and Equity Act of 1999''. SEC. 2. CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS AND INDIVIDUALS WITH COBRA COVERAGE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS AND INDIVIDUALS WITH COBRA COVERAGE. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 60 percent of the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. ``(b) Dollar Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for eligible months during such taxable year. ``(2) Monthly limitation.--The monthly limitation for any eligible month is the amount equal to \\1/12\\ of-- ``(A) $1,200 if, as of the first day of such month, the taxpayer has self-only coverage under qualified health insurance, and ``(B) $2,400 if, as of the first day of such month, the taxpayer has family coverage under qualified health insurance. ``(3) Eligible month.--For purposes of this subsection-- ``(A) In general.--The term `eligible month' means any month which begins at least 1 year after the most recent month that the individual-- ``(i) was eligible to participate in any group health plan of an employer which provided qualified health insurance (determined without regard to subsection (d)(2)), or ``(ii) participated in any group health plan of any other entity which provided such insurance. ``(B) Joint returns.--In the case of a joint return, a month shall be treated as an eligible month only if it is an eligible month of each spouse, determined by applying this paragraph separately to each spouse. ``(4) Certain other coverage.--Amounts paid for coverage of an individual for any month shall not be taken into account under subsection (a) if, as of the first day of such month, such individual is covered under any medical care program described in-- ``(A) title XVIII, XIX, or XXI of the Social Security Act, ``(B) chapter 55 of title 10, United States Code, ``(C) chapter 17 of title 38, United States Code, ``(D) chapter 89 of title 5, United States Code, or ``(E) the Indian Health Care Improvement Act. ``(5) Special rule for married individuals.--In the case of an individual-- ``(A) who is married (within the meaning of section 7703) as of the close of the taxable year but does not file a joint return for such year, and ``(B) who does not live apart from such individual's spouse at all times during the taxable year, the limitation under paragraph (2)(A) (and not the limitation under paragraph (2)(B)) shall apply to such individual. ``(c) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The aggregate amount which would (but for this subsection) be allowed as a credit under this section shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.-- ``(A) In general.--The amount determined under this paragraph shall be the amount which bears the same ratio to such aggregate amount as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) the applicable dollar amount, bears to ``(ii) $10,000. ``(B) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Rounding.--Any amount determined under subparagraph (A) which is not a multiple of $10 shall be rounded to the next lowest $10. ``(3) Applicable dollar amount.--For purposes of paragraph (2), the term `applicable dollar amount' means-- ``(A) $60,000 in the case of a taxpayer whose qualified health insurance coverage covers more than 1 individual referred to in subsection (a), and ``(B) $30,000-- ``(i) in any case not described in subparagraph (A), and ``(ii) in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(d) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this paragraph, the term `qualified health insurance' means insurance which constitutes medical care, as defined in section 213(d) without regard to-- ``(A) paragraph (1)(C) thereof, and ``(B) so much of paragraph (1)(D) thereof as relates to qualified long-term care insurance contracts. ``(2) Exclusion of coverage provided under group health plans, etc.--Such term shall not include insurance provided through any group health plan of an employer or any other entity. ``(3) Exclusion of certain other contracts.--Such term shall not include insurance if a substantial portion of its benefits are excepted benefits (as defined in section 9832(c)). ``(e) Individuals With COBRA Coverage.--In the case of continuation coverage under a group health plan which is required to be provided by Federal law for an individual during the period specified in section 4980B(f)(2)(B), notwithstanding subsection (d)-- ``(1) such coverage shall be treated as qualified health insurance, and ``(2) the term `eligible month' includes months of such coverage. ``(f) Special Rules.-- ``(1) Coordination with other deductions.--No credit shall be allowed under this section for the taxable year if any amount paid for qualified health insurance is taken into account in determining the deduction allowed for such year under section 213 or 222. ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 2000, each dollar amount in subsection (c)(3) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1999' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Health insurance costs of previously uninsured individuals and individuals with COBRA coverage.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 3. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF EMPLOYEES AND SELF-EMPLOYED INDIVIDUALS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. COSTS OF QUALIFIED HEALTH INSURANCE. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the applicable percentage of the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. ``(b) Applicable Percentage.--For purposes of subsection (a)-- ``(1) In general.--Except as provided in paragraph (2), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- percentage is-- 2000................................... 60 2001................................... 70 2002................................... 80 2003................................... 90 2004 and thereafter.................... 100. ``(2) Special rule.--In the case of an individual who is an employee within the meaning of section 401(c)(1) and whose qualified health insurance is not provided through a group health plan of an employer, paragraph (1) shall be applied by substituting `100' for `90' but only with respect to the lesser of the taxpayer's earned income (within the meaning of section 401(c)) or the payments referred to in subsection (a). ``(c) Exclusion of Subsidized Coverage.--Subsection (a) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any group health plan of an employer or any other entity if less than 50 percent of the cost of the taxpayer's coverage under such plan is borne by the taxpayer. A rule similar to the rule of the last sentence of section 162(l)(2)(B) shall apply for purposes of this subsection. ``(d) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--The term `qualified health insurance' has the meaning given such term by section 25B(d) determined without regard to paragraph (2) thereof. ``(2) Special rule.-- ``(A) In general.--In the case of an individual who is an employee within the meaning of section 401(c)(1) and whose qualified health insurance (without regard to this paragraph) is not provided through a group health plan of an employer, paragraph (3) of section 25B(d) shall not apply for purposes of this section. ``(B) Limitation.--The amount taken into account under subsection (a) by reason of subparagraph (A) shall not exceed the excess of-- ``(i) the taxpayer's earned income (within the meaning of section 401(c)), over ``(ii) the amount which would (without regard to this paragraph) be taken into account under subsection (a). ``(e) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a). ``(2) Deduction not allowed for self-employment tax purposes.--The deduction allowable by reason of this section shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.'' (b) Conforming Amendments.-- (1)(A) Paragraph (1) of section 162(l) of such Code is amended by striking ``the amount paid'' and all that follows and inserting ``the eligible long-term care premiums (as defined in section 213(d)(10)) paid during the taxable year for any qualified long-term care insurance contract (as defined in section 7702B(b)) covering the taxpayer, his spouse, and dependents.'' (B) Paragraph (2) of section 162(l) of such Code is amended by striking subparagraph (C). (2) Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new item: ``(18) Costs of qualified health insurance.--The deduction allowed by section 222.'' (3) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Costs of qualified health insurance. ``Sec. 223. Cross reference.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999.", "summary": "Allows as a deduction an amount equal to the applicable percentage of the amount paid for qualified health insurance coverage for a taxpayer, his spouse, and dependents. Increases, incrementally, the percentage from 60 percent in calendar year 2000 to 100 percent for calendar years 2004 and thereafter. Excludes coverage under which less than 50 percent of the cost of coverage is borne by the taxpayer."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Health Improvement Councils Act of 2010''. SEC. 2. COMMUNITY HEALTH IMPROVEMENT COUNCILS AND STATE HEALTH IMPROVEMENT TECHNICAL ASSISTANCE CENTER GRANTS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-5. COMMUNITY HEALTH IMPROVEMENT COUNCILS AND STATE HEALTH IMPROVEMENT TECHNICAL ASSISTANCE CENTER GRANTS. ``(a) In General.--The Secretary shall establish a program for the creation of State Health Improvement Technical Assistance Centers and Community Health Improvement Councils. ``(b) State Health Improvement Technical Assistance Center Grant Program.-- ``(1) In general.--The Secretary shall award grants, on a competitive basis, to 5 eligible entities for the purpose of establishing State Health Improvement Technical Assistance Centers designed to-- ``(A) improve individual and community health status, especially in communities and regions with poor health status performance; ``(B) slow annual growth in health care utilization and medical spending; ``(C) coordinate best practices among networks of local coalitions that result in accelerated locally driven issue identification and creative ways to align improvement efforts with payment reforms; ``(D) partner with the Agency for Healthcare Research and Quality to design and produce the annual report of such agency on health care quality; ``(E) serve as a resource to communities to provide assistance in identifying reliable national resources and research tools to promote health, improve health literacy, and accelerate the diffusion of innovations to improve health outcomes; ``(F) partner with organizations to design and implement locally driven payment innovations to improve quality and productivity; and ``(G) educate State policymakers on the benefits of locally driven community health improvement councils that engage community stakeholders, including small businesses, local governments, faith leaders, civic leaders, and consumer advocacy representatives. ``(2) Eligibility.-- ``(A) In general.--To be eligible to receive a grant under this subsection, an entity shall be-- ``(i) a private nonprofit entity with a governing board comprised of \\1/4\\ consumer, faith, minority, nonprofit and charitable organization, philanthropic, and civic leaders; \\1/4\\ purchasers of care, including employers, unions, and insurers; \\1/4\\ local government officials, including mayors, county commissioners, State legislators, and public health officials; and \\1/4\\ private health care leaders and experts; or ``(ii) a consortium of 2 or more of the nonprofit entities described in clause (i). ``(B) Preferences.--In awarding grants under this section, the Secretary shall give preference to entities that-- ``(i) demonstrate the capacity to attract private sector or local government funding to ensure fiscal sustainability; ``(ii) address significant health disparities, including those identified by the Secretary through other Federal programs; ``(iii) demonstrate coordination or collaboration across governmental and nongovernmental sectors; ``(iv) are committed to promoting full transparency of all deliberations of the Technical Assistance Centers and Community Health Improvement Councils; and ``(v) are independent from government and the financial self-interest of healthcare and purchasers stakeholders. ``(3) Activities.--Each Technical Assistance Center established through a grant awarded under this subsection shall-- ``(A) establish up to 4 Community Health Improvement Councils, as described in subsection (c); ``(B) provide technical assistance to such councils, including community organizing, public relations, communications, and public education services, computer networking, grants development, system performance monitoring, opinion surveys, data management, community meeting facilitation, and strategic planning; ``(C) partner with Federal, State, and local health agencies, such as area health education centers, the Agency for Healthcare Research and Quality, public health departments, and insurance exchanges; and ``(D) deliver an annual performance report to the Secretary and the nonprofit entity receiving the grant, containing data regarding improvements in local and State health status, clinical outcomes, reductions in medical spending growth, and health care disparities. ``(4) Funding.-- ``(A) In general.--Each Technical Assistance Center established under a grant awarded under this subsection shall receive an award in an amount determined by the Secretary, but not to exceed $1,500,000 per year for 3 years. ``(B) Use of funds.--Each such Technical Assistance Center shall allocate 80 percent of the total amount awarded each year to the Community Health Improvement Councils established by such recipient under paragraph (3)(B). ``(c) Community Health Improvement Councils.--In this section, `Community Health Improvement Council' means a locally driven, private nonprofit entity that serves as the neutral convener for engaging providers and insurers, that fully engages patients and citizens in coordinating and improving the health care delivery system through community-wide education programs to promote healthier lifestyles, improve local or regional health status, clinical outcomes, and reductions in the growth in medical spending and health disparities through any of the following approaches: ``(1) Promotion of wellness, prevention and expanded public health and consumer education efforts. ``(2) Enhancement of the care delivery experience through local health system infrastructure and care redesign changes such as the primary care medical home, accelerated information exchange implementation, community-wide chronic disease management programs, and all-payer evidence-based clinical protocols. ``(3) Alignment of provider and consumer financial incentives through accelerated payer experiments with non-fee- for-service payment arrangements and innovative consumer incentives built into the benefits design of health plans. ``(4) Restructuring of local health care governance, such as-- ``(A) formation of accountable care teams across medical practices and institutions; ``(B) integration of primary care and public health; and ``(C) integration of doctors and hospitals. ``(5) Track, document, and make publicly available, in a transparent manner, system performance and improvement. ``(d) Report.--The Secretary shall submit to Congress an annual report on the grant program under this section, including both local and State progress toward improvement of health status, clinical outcomes, and reductions in the growth of medical spending.''.", "summary": "Community Health Improvement Councils Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a program for the creation of State Health Improvement Technical Assistance Centers and Community Health Improvement Councils to improve community health through local innovation. Defines \"Community Health Improvement Council\" to mean a locally driven, private, nonprofit entity that serves as the neutral convener for engaging providers and insurers and that fully engages patients and citizens in coordinating and improving the health care delivery system through community-wide education programs to promote healthier lifestyles, improve local or regional health status, clinical outcomes, and reductions in the growth in medical spending and health disparities through various approaches. Requires the Secretary to award competitive grants to five eligible entities to establish State Health Improvement Technical Assistance Centers, each of which shall: (1) establish up to four Community Health Improvement Councils; (2) provide technical assistance to such Councils; and (3) report on improvements in local and state health status, clinical outcomes, reductions in medical spending growth, and health care disparities. Requires the Secretary, in awarding grants, to give preference to entities that: (1) demonstrate the capacity to attract private sector or local government funding to ensure fiscal sustainability; (2) address significant health disparities; (3) demonstrate coordination or collaboration across governmental and nongovernmental sectors; (4) are committed to promoting full transparency of all deliberations of the Technical Assistance Centers and Community Health Improvement Councils; and (5) are independent from government and the financial self-interest of health care and purchasers stakeholders."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Regulatory Parity Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The cable modem service offered by cable operators for high-speed access to the Internet is functionally equivalent to, and competes with, digital subscriber line service offered by local exchange carriers. (2) Cable modem services and digital subscriber line services are subject to disparate regulatory treatment by the Federal Government and by State and local governments. (3) Competing and functionally equivalent products and services should be regulated, or not regulated, in the same manner, regardless of who provides such products or services. (4) The Federal Communications Commission is best positioned to determine which, if any, regulatory requirements for broadband access services should be retained and which, if any, should be eliminated. (5) The Commission should be required to ensure that providers of broadband services are regulated in an equivalent manner, regardless of the platform used to provide such services. (6) Government regulation should not favor or advantage one class of competitors among competitors offering similar products or services. (7) The deployment of digital subscriber line service has been restrained by regulatory requirements that are inappropriate for a competitive service offered by various non- dominant providers. (8) Inappropriate regulation imposes needless costs and results in higher consumer costs. (9) Lower consumer costs will accelerate demand for high- speed Internet access services. (10) Regulatory certainty and parity will provide incentives to increase deployment of high-speed Internet services, bringing the benefits of such services to communities in the form of enhancements in medicine, education, national security, work from home, and other benefits. (11) The United States lags behind many other countries in the deployment of high-speed data services. (12) When all providers of broadband services compete under the same rules, consumers will benefit from increased choices and lower prices. SEC. 3. PARITY IN REGULATORY TREATMENT OF BROADBAND SERVICE PROVIDERS AND BROADBAND ACCESS SERVICE PROVIDERS. (a) In General.--Part II of title II of the Communications Act of 1934 (47 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 262. PARITY IN REGULATORY TREATMENT OF BROADBAND SERVICE PROVIDERS AND BROADBAND ACCESS SERVICE PROVIDERS. ``(a) In General.--Notwithstanding any other provision of law, the Commission shall, not later than 120 days after the date of the enactment of the Broadband Regulatory Parity Act of 2002, prescribe regulations to ensure that-- ``(1) all broadband services, and all broadband access services, are subject to the same regulatory requirements, or no regulatory requirements; ``(2) all providers of broadband services, and all providers of broadband access services, are subject to the same regulatory requirements, or no regulatory requirements, with respect to the provision of such services and the facilities and equipment used to provide such services in the provision of such services; and ``(3) paragraphs (1) and (2) are implemented without increasing the regulatory requirements applicable to any provider of broadband services, or broadband access services, on any such service or on any facilities or equipment used to provide any such service in the provision of such service. ``(b) Prohibition on State Jurisdiction.--Notwithstanding any other provision of law, broadband services and broadband access services, and the facilities and equipment used to provide such services in the provision of such services, shall not be subject to the jurisdiction of any State. ``(c) Obligations of Incumbent Local Exchange Carriers to Internet Service Providers.--Notwithstanding subsection (a), each incumbent local exchange carrier has the duty to provide all Internet service providers with the telecommunications necessary for such provider to provide broadband access service to its subscribers. Such telecommunications shall be offered on rates, terms, and conditions that are just and reasonable. ``(d) Savings Provisions.--(1) Nothing in this section affects the requirements of section 271. ``(2) Nothing in this section affects the obligations of incumbent local exchange carriers under section 251(c) to provide requesting telecommunications carriers with services and access to facilities and equipment necessary for the provision of switch-based voice telecommunications service. ``(3) Nothing in this section precludes or affects any tariff filed by the National Exchange Carrier Association or any rural telephone company, and any such tariff may continue to include broadband services. ``(4) Nothing in this section affects section 251(f).''. (b) Definitions.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraphs (20) through (52) as paragraphs (22) through (54), respectively; and (2) by inserting after paragraph (19) the following new paragraphs: ``(20) Broadband service.--The term `broadband service' means any service that is used to provide access to the Internet and consists of or includes the offering of a capability to transmit information at a rate that is generally not less than 256 kilobits per second in at least one direction. ``(21) Broadband access service.--The term `broadband access service' means a service that combines computer processing, information storage, protocol conversion, and wire routing with transmission to enable users to access Internet content and services.''.", "summary": "Broadband Regulatory Parity Act of 2002 - Amends the Communications Act of 1934 to require the Federal Communications Commission to prescribe regulations to ensure that: (1) all broadband services and broadband access services are subject to the same regulatory requirements (or no such requirements); (2) all providers of such services are subject to the same regulatory requirements with respect to such services and the facilities and equipment used to provide such services; and (3) the above requirements are met without increasing current regulatory requirements with respect to such services, facilities, or equipment. Prohibits such services and related facilities and equipment from being subject to the jurisdiction of any State.Requires each incumbent local exchange carrier to provide all Internet service providers with the telecommunications necessary for the provision of broadband access service to subscribers at just and reasonable rates."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Water Quality Protection and Job Creation Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendment of Federal Water Pollution Control Act. TITLE I--WATER QUALITY FINANCING Subtitle A--Technical and Management Assistance Sec. 101. Technical assistance. Sec. 102. State management assistance. Sec. 103. Watershed pilot projects. Sec. 104. Nonpoint source management programs. Subtitle B--State Water Pollution Control Revolving Funds Sec. 121. Capitalization grant agreements. Sec. 122. Water pollution control revolving loan funds. Sec. 123. State planning assistance. Sec. 124. Intended use plan. Sec. 125. Technical assistance. Sec. 126. Authorization of appropriations. TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER GRANTS Sec. 201. Pilot program for alternative water source projects. Sec. 202. Sewer overflow control grants. SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). TITLE I--WATER QUALITY FINANCING Subtitle A--Technical and Management Assistance SEC. 101. TECHNICAL ASSISTANCE. (a) Technical Assistance for Rural and Small Treatment Works.-- Section 104(b) (33 U.S.C. 1254(b)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; and''; and (3) by adding at the end the following: ``(8) make grants to nonprofit organizations-- ``(A) to provide technical assistance to rural, small, and tribal municipalities for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities and tribal governments in the planning, developing, and acquisition of financing for eligible projects described in section 603(c); ``(B) to provide technical assistance and training for rural, small, and tribal publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this Act; and ``(C) to disseminate information to rural, small, and tribal municipalities and municipalities that meet the affordability criteria established under section 603(i)(2) by the State in which the municipality is located with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.''. (b) Authorization of Appropriations.--Section 104(u) (33 U.S.C. 1254(u)) is amended-- (1) by striking ``and (6)'' and inserting ``(6)''; and (2) by inserting before the period at the end the following: ``; and (7) not to exceed $100,000,000 for each of fiscal years 2018 through 2022 for carrying out subsections (b)(3), (b)(8), and (g), except that not less than 20 percent of the amounts appropriated pursuant to this paragraph in a fiscal year shall be used for carrying out subsection (b)(8)''. SEC. 102. STATE MANAGEMENT ASSISTANCE. (a) Authorization of Appropriations.--Section 106(a) (33 U.S.C. 1256(a)) is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking the semicolon at the end of paragraph (2) and inserting ``; and''; and (3) by inserting after paragraph (2) the following: ``(3) such sums as may be necessary for each of fiscal years 1991 through 2017, and $300,000,000 for each of fiscal years 2018 through 2022;''. (b) Technical Amendment.--Section 106(e) (33 U.S.C. 1256(e)) is amended by striking ``Beginning in fiscal year 1974 the'' and inserting ``The''. SEC. 103. WATERSHED PILOT PROJECTS. Section 122(c) is amended to read as follows: ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $120,000,000 for each of fiscal years 2018 through 2022.''. SEC. 104. NONPOINT SOURCE MANAGEMENT PROGRAMS. Section 319(j) (33 U.S.C. 1329(j)) is amended by striking ``$70,000,000'' and all that follows through ``fiscal year 1991'' and inserting ``$200,000,000 for each of fiscal years 2018 through 2022''. Subtitle B--State Water Pollution Control Revolving Funds SEC. 121. CAPITALIZATION GRANT AGREEMENTS. Section 602(b) (33 U.S.C. 1382(b)) is amended-- (1) in paragraph (13)(B)(iii), by striking ``; and'' and inserting a semicolon; (2) in paragraph (14), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(15) the State will use at least 15 percent of the amount of each capitalization grant received by the State under this title after September 30, 2017, to provide assistance to municipalities of fewer than 10,000 individuals that meet the affordability criteria established by the State under section 603(i)(2) for projects or activities included on the State's priority list under section 603(g), to the extent that there are sufficient applications for such assistance.''. SEC. 122. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. Section 603(d) (33 U.S.C. 1383(d)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting a semicolon; and (3) by adding at the end the following: ``(8) to provide grants to owners and operators of treatment works that serve a population of 10,000 or fewer for obtaining technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, equipment replacement, and other activities to improve wastewater treatment plant management and operations, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest; and ``(9) to provide grants to owners and operators of treatment works for conducting an assessment of the energy and water consumption of the treatment works, and evaluating potential opportunities for energy and water conservation through facility operation and maintenance, equipment replacement, and projects or activities that promote the efficient use of energy and water by the treatment works, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest.''. SEC. 123. STATE PLANNING ASSISTANCE. Section 604(b) (33 U.S.C. 1384(b)) is amended by striking ``1 percent'' and inserting ``2 percent''. SEC. 124. INTENDED USE PLAN. (a) Integrated Priority List.--Section 603(g) (33 U.S.C. 1383(g)) is amended to read as follows: ``(g) Priority List.-- ``(1) In general.--For fiscal year 2019 and each fiscal year thereafter, a State shall establish or update a list of projects and activities for which assistance is sought from the State's water pollution control revolving fund. Such projects and activities shall be listed in priority order based on the methodology established under paragraph (2). The State may provide financial assistance from the State's water pollution control revolving fund only with respect to a project or activity included on such list. In the case of projects and activities eligible for assistance under subsection (c)(2), the State may include on such list a category or subcategory of nonpoint sources of pollution to be addressed. ``(2) Methodology.-- ``(A) In general.--Not later than 1 year after the date of enactment of this paragraph, and after providing notice and opportunity for public comment, each State shall establish a methodology for developing a priority list under paragraph (1). ``(B) Priority for projects and activities that achieve greatest water quality improvement.--In developing the methodology, the State shall seek to achieve the greatest degree of water quality improvement, taking into consideration-- ``(i) the requirements of section 602(b)(5); ``(ii) whether such water quality improvements would be realized without assistance under this title; and ``(iii) whether the proposed projects and activities would address water quality impairments associated with existing treatment works. ``(C) Considerations in selecting projects and activities.--In determining which projects and activities will achieve the greatest degree of water quality improvement, the State shall consider-- ``(i) information developed by the State under sections 303(d) and 305(b); ``(ii) the State's continuing planning process developed under sections 205(j) and 303(e); ``(iii) whether such project or activity may have a beneficial impact related to the purposes identified under section 302(a); ``(iv) the State's management program developed under section 319; and ``(v) conservation and management plans developed under section 320 with respect to an estuary lying in whole or in part within the State. ``(D) Nonpoint sources.--For categories or subcategories of nonpoint sources of pollution that a State may include on its priority list under paragraph (1), the State shall consider the cumulative water quality improvements associated with projects or activities carried out pursuant to the listing of such categories or subcategories. ``(E) Existing methodologies.--If a State has previously developed, after providing notice and an opportunity for public comment, a methodology that meets the requirements of this paragraph, the State may use the methodology for the purposes of this subsection.''. (b) Intended Use Plan.--Section 606(c) (33 U.S.C. 1386(c)) is amended-- (1) in the matter preceding paragraph (1) by inserting ``and publish'' after ``each State shall annually prepare''; (2) by striking paragraph (1) and inserting the following: ``(1) the State's priority list developed under section 603(g);''; (3) in paragraph (4), by striking ``and'' at the end; (4) by striking the period at the end of paragraph (5) and inserting ``; and''; and (5) by adding at the end the following: ``(6) if the State does not fund projects and activities in the order of the priority established under section 603(g), an explanation of why such a change in order is appropriate.''. (c) Transitional Provision.--Before completion of a priority list based on a methodology established under section 603(g) of the Federal Water Pollution Control Act (as amended by this section), a State shall continue to comply with the requirements of sections 603(g) and 606(c) of such Act, as in effect on the day before the date of enactment of this Act. SEC. 125. TECHNICAL ASSISTANCE. Section 607 is amended to read as follows: ``SEC. 607. TECHNICAL ASSISTANCE. ``(a) Simplified Procedures.--Not later than 1 year after the date of enactment of this section, the Administrator shall assist the States in establishing simplified procedures for treatment works to obtain assistance under this title. ``(b) Publication of Manual.--Not later than 2 years after the date of the enactment of this section, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist treatment works in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual.''. SEC. 126. AUTHORIZATION OF APPROPRIATIONS. Title VI (33 U.S.C. 1381 et seq.) is amended by adding at the end the following: ``SEC. 609. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out the purposes of this title $4,000,000,000 for each of fiscal years fiscal year 2018 through 2022.''. TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER GRANTS SEC. 201. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS. (a) Selection of Projects.--Section 220(d) (33 U.S.C. 1300(d)) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (b) Committee Resolution Procedure.--Section 220 (33 U.S.C. 1300(e)) is amended by striking subsection (e) and redesignating subsections (f) through (j) as subsections (e) through (i), respectively. (c) Definitions.--Section 220(h)(1) (as redesignated by subsection (c) of this section) is amended by striking ``or wastewater or by treating wastewater'' and inserting ``, wastewater, or stormwater or by treating wastewater or stormwater''. (d) Authorization of Appropriations.--Section 220(i) (as redesignated by subsection (c) of this section) is amended by striking ``$75,000,000 for fiscal years 2002 through 2004'' and inserting ``$75,000,000 for each of fiscal years 2018 through 2022''. SEC. 202. SEWER OVERFLOW CONTROL GRANTS. Section 221 (33 U.S.C. 1301) is amended-- (1) by amending the section heading to read as follows: ``sewer overflow and stormwater reuse municipal grants''; (2) by amending subsection (a) to read as follows: ``(a) In General.-- ``(1) Grants to states.--The Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of treatment works to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater. ``(2) Direct municipal grants.--Subject to subsection (g), the Administrator may make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1).''; (3) by amending subsection (e) to read as follows: ``(e) Administrative Requirements.--A project that receives assistance under this section shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund under title VI, except to the extent that the Governor of the State in which the project is located determines that a requirement of title VI is inconsistent with the purposes of this section. For the purposes of this subsection, a Governor may not determine that the requirements of title VI relating to the application of section 513 are inconsistent with the purposes of this section.''; (4) by amending subsection (f) to read as follows: ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $500,000,000 for each of fiscal years 2018 through 2022. ``(2) Minimum allocations.--To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 20 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater through the use of green infrastructure, water and energy efficiency improvements, and other environmentally innovative activities.''; and (5) by amending subsection (g) to read as follows: ``(g) Allocation of Funds.-- ``(1) Fiscal year 2018.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2018 for making grants to municipalities and municipal entities under subsection (a)(2) in accordance with the criteria set forth in subsection (b). ``(2) Fiscal year 2019 and thereafter.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2019 and each fiscal year thereafter for making grants to States under subsection (a)(1) in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls, sanitary sewer overflow controls, and stormwater identified in the most recent survey conducted pursuant to section 516 and any other information the Administrator considers appropriate.''.", "summary": "Water Quality Protection and Job Creation Act of 2017 The bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to reauthorize through FY2022: programs for preventing and reducing pollution through research, investigations, and training; state and interstate water pollution control programs; wet weather watershed pilot projects; a grant program for implementing state management programs for controlling pollution added from nonpoint sources (e.g., pollution on the ground picked up by rain) to navigable waters; a grant program for protecting groundwater quality; clean water state revolving funds; a pilot program for alternative water source projects; and sewer overflow and stormwater reuse municipal grants (formally known as sewer overflow control grants). The bill authorizes the Environmental Protection Agency to make grants to rural, small, and tribal municipalities for addressing pollution. The bill revises requirements governing capitalization grant agreements, clean water state revolving funds, and sewer overflow and stormwater reuse municipal grants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Privacy and National Security Enhancement Act''. SEC. 2. ESTABLISHMENT. There is hereby established a commission to be known as the ``Presidential Commission on Financial Privacy and National Security'' (hereafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall conduct an ongoing study of the practices in the financial service industry for protecting the privacy of consumer financial information, the manner and extent to which such practices are regulated by financial service regulators, and ways to improve and strengthen financial information privacy while preserving effective financial information flow for national security. (b) Specific Questions.--In conducting the study, the Commission shall address and seek comments on the following issues: (1) In what manner and to what extent would the existence of State financial privacy laws or other restrictions on the free flow of financial information impair or hinder the ability of the Federal Government to investigate money laundering or fraud, including identity theft? (2) Is the information already being distributed to the consumers concerning the privacy of consumer financial information readily understandable and is it a benefit to the consumer? (3) What is the cost, to a financial institution and ultimately to each consumer, of mailing or otherwise distributing privacy notices to each consumer in accordance with applicable law. (4) What financial information privacy concerns are not addressed by title V of the Gramm-Leach-Bliley Act and other laws and regulations implementing such title? (5) To what extent is there a uniform agreement among financial regulators on what constitutes financial privacy and what processes are utilized to review developments and technological changes in the delivery of financial services that may affect financial privacy? (6) What would be the potential impact on consumers if there were a variety of requirements with respect to financial privacy in effect under the laws of the several States and how would the existence of such a variety of requirements cost the financial services industry? SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members : (1) The Chairman of the Securities and Exchange Commission, or a Commissioner of the Securities and Exchange Commission designated by the Chairman. (2) The Chairman of the Board of Governors of the Federal Reserve System, or a member of such Board designated by the Chairman. (3) The Secretary of the Treasury, or an officer of the Department of the Treasury designated by the Secretary. (4) The Attorney General, or an officer of the Department of Justice designated by the Attorney General. (5) A State insurance commissioner appointed by the President after consulting with the National Association of Insurance Commissioners. (6) The Speaker of the House of Representatives, or a designee of the Speaker. (7) The minority leader of the House of Representatives, or a designee of the minority leader. (8) The majority leader of the Senate, or a designee of the majority leader. (9) The minority leader of the Senate, or a designee of the minority leader. (10) 2 members appointed by the President from among individuals who are especially well qualified to serve by virtue of their education, training, and experience in the financial services industry. (b) Continuation of Membership.--If a member was appointed to the Commission as a Member of Congress or by virtue of such member's position in the House of Representatives, the Senate, or a Federal agency and the member ceases to be a Member of Congress or to serve in any such position that member may continue as a member for not longer than the 30-day period beginning on the date that member ceases to be a Member of Congress or serve in such position. (c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (d) Vacancy.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) No Pay.--Members shall serve without pay. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings. (h) Chairperson.--The Chairperson of the Commission shall be elected by the members from the membership of the Commission. (i) Meetings.-- (1) In general.--The Commission shall meet at least once each calendar quarter at the call of the Chairperson or a majority of the members. (2) Open meetings required.--Section 552b of title 5, United States Code, shall apply. SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission may, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Commission. The Director shall be paid at a rate not to exceed $140,000 per year. (b) Staff.--The Commission may appoint and fix the pay of such additional personnel as the Commission considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of $140,000 per year. (d) Experts and Consultants.--Subject to regulations prescribed by the Commission, the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. REPORT. The Commission shall transmit a final report to the President and the Congress not later than March 31, 2005. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative or administrative actions as the Commission considers appropriate. SEC. 8. TERMINATION. The Commission shall terminate 30 days after submitting its final report pursuant to section 7. SEC. 9. MORATORIUM ON STATE FINANCIAL PRIVACY LAWS. (a) In General.--During the period beginning on the date of the enactment of this Act and ending on the date the Commission terminates under section 8, no requirement or prohibition may be imposed under the laws of any State, including laws relating to the business of insurance, concerning the use or disclosure by a financial institution of information relating to a consumer that has obtained a financial product or service from the financial institution. (b) Exception.--Subsection (a) shall not apply State insurance laws or regulations referred to in section 505(a)(6) of the Gramm-Leach- Bliley Act.", "summary": "Financial Privacy and National Security Enhancement Act - Establishes the Presidential Commission on Financial Privacy and National Security to study and report to Congress on financial service industry practices for protecting the privacy of consumer financial information, the manner and extent to which such practices are regulated by financial service regulators, and ways to improve and strengthen financial information privacy while preserving effective financial information flow for national security.Imposes a moratorium on State financial privacy laws during the period the Commission is performing its duties."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop the Misuse of ITINs Act of 2007''. SEC. 2. NOTIFICATION OF EMPLOYMENT STATUS OF INDIVIDUALS NOT AUTHORIZED TO WORK IN THE UNITED STATES. (a) In General.--Subsection (i) of section 6103 of the Internal Revenue Code of 1986 (relating to confidentiality and disclosure of returns and return information) is amended by adding at the end the following new paragraph: ``(9) Disclosure to secretary of homeland security of employment information of employees not authorized to be employed in united states.-- ``(A) In general.--If-- ``(i) the Secretary receives a return from any person or entity (hereafter in this paragraph referred to as the `employer') showing wages (as defined in section 3121(a)) paid to any employee, and ``(ii) the TIN of such employee, as shown on such return, indicates that such employee is not authorized to be employed in the United States, the Secretary shall provide electronically to the Secretary of Homeland Security the following information as shown on such return: the name, address, and TIN of such employee and the name, address, and employer identification number of the employer. ``(B) Notice to employer and employee.--Whenever the Secretary sends a notice under subparagraph (A) with respect to any employer and employee, the Secretary also shall notify the employer and the employee in writing that such employee is not authorized to be employed in the United States and that the employee's employment with the employer should be terminated not later than the 30th day after the date of the notice. Such notice shall also describe-- ``(i) the employer's obligations under this paragraph, ``(ii) the employee's right under this paragraph to contest the determination that the employee is not authorized to be employed in the United States, and ``(iii) the procedure under this paragraph for contesting such determination. ``(C) Employee's right to contest.-- ``(i) Notice to employee.--If any employer receives such a notice from the Secretary with respect to an employee, the employer shall, within 3 business days after the date the employer received such notice, provide a copy of such notice to the employee. ``(ii) Right to contest.--An employee may contest the accuracy of such notice during the 30-day period beginning on the date that the employer provided the notice under clause (i) to the employee. ``(iii) Contest procedure.--If, during such 30-day period, the employee provides the employer with information substantiating such employee's claimed authorization to be employed in the United States, the employer shall, in such form and manner as the Secretary shall prescribe, provide to the Secretary-- ``(I) the employee's name, address, and taxpayer identification number, ``(II) the employer's name, address, telephone number, and employer identification number, and ``(III) the information provided by the employee to the employer substantiating such employee's authorization to be employed in the United States. ``(D) Verification from department of homeland security.-- ``(i) Transmittal of inquiry.--Within 3 business days after receiving the information described in subparagraph (C)(iii), the Secretary shall provide such information electronically to the Secretary of Homeland Security. ``(ii) Response.--Within 7 business days after receiving such information, the Secretary of Homeland Security shall electronically notify the Secretary, and shall notify the employer and employee in writing, as to whether the employee is authorized to be employed in the United States. ``(E) Suspension of obligation to terminate employment until response received.-- ``(i) In general.--Except as provided in clause (ii), if the employee meets the requirement of subparagraph (C)(iii), the employer's obligation to terminate the employment of such employee shall be suspended until the employer receives the notice described in subparagraph (D)(ii). ``(ii) Timely response not received.--If the employer does not receive such notice before the 30th day after the close such 30-day period, the employer shall so notify the Secretary. ``(F) Rebuttable presumption of violation of the immigration and nationality act.-- ``(i) In general.--A rebuttable presumption is created that the employer has violated section 274A(a)(1)(A) of the Immigration and Nationality Act if-- ``(I) the employer employs an individual with respect to whom a notice is received under subparagraph (B) after the 30 days described in such subparagraph, ``(II) the employer fails to notify the Secretary as required by subparagraph (E)(ii) and employs such individual, or ``(III) the employer refers the individual for employment after receiving a notice under subparagraph (B) with respect to such individual. ``(ii) Exceptions.-- ``(I) Suspension period.--Clause (i)(I) shall not apply during the suspension period described in subparagraph (E)(i) ``(II) Notice from secretary of homeland security.--Clause (i) shall cease to apply with respect to an individual after the date that the employer is notified by the Secretary of Homeland Security that such individual is authorized to be employed in the United States. ``(G) Refunds denied.--No refund of any tax imposed by this title shall be made to any individual for any taxable year during any portion of which such individual is employed in the United States without being authorized to be so employed. ``(H) Special rules.-- ``(i) Protection from liability.--No employer shall be civilly or criminally liable under any law for any action taken in good faith reliance on information provided by the Secretary or the Secretary of Homeland Security with respect to any individual's eligibility to be employed in the United States. ``(ii) Timely mailing treated as timely notice.--Rules similar to the rules of section 7502 shall apply for purposes of this section. ``(iii) Last known address of employee.-- Any notice required to be provided to an employee under this section shall be sufficient if mailed to the employee at the last known address of the employee.''. (b) Conforming Amendment.--Paragraph (4) of section 6103(p) of such Code is amended by striking ``(5) or (7)'' each place it appears and inserting ``(5), (7), or (9)''. (c) Effective Date.--The amendments made by this section shall apply to returns received more than 180 days after the date of the enactment of this Act.", "summary": "Stop the Misuse of ITINs Act of 2007 - Amends the Internal Revenue Code to require the Secretary of the Treasury to: (1) notify the Secretary of Homeland Security of any employer tax return which shows wages paid to an employee who is not authorized to be employed in the United States; and (2) provide a written notice to the employer and employee involved that such employment is illegal and must be terminated within 30 days after the date of said notice. Allows any employee who receives a notice to contest such notice and provide documentation substantiating such employee's claimed authorization to work in the United States."}
{"article": "SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Bay Mills Indian Community has a valid interest in certain lands in the Charlotte Beach area of Chippewa County, Michigan, that are located within the Community's traditional homelands; (2) the Sault Ste. Marie Tribe may have a valid interest in certain lands in the Charlotte Beach area of Chippewa County, Michigan, that are located within the Tribe's traditional homelands; (3) the Community filed a lawsuit against certain landowners to ascertain ownership of lands that were once owned and held in trust by the State of Michigan for the Community but which were sold by the State without the consent of the Tribes or the United States; (4) the landowners now hold clouded title to such lands and want to clear their title to the lands; (5) the Community has agreed to relinquish its interests in the Charlotte Beach Lands in return for its selection of Alternative Lands that will be taken into trust by the Secretary; (6) the Sault Ste. Marie Tribe has agreed not to assert its potential claim of interest in the Charlotte Beach Lands in return for its selection of Alternative Lands that will be taken into trust by the Secretary; (7) it is in the best interests of the Tribes and legally necessary for the landowners that the Congress provide for a land settlement agreement by passage of this Act; and (8) it is in the best interests of the Tribes that the described Alternative Lands be taken into trust as part of the settlement of the land claim. (b) Purposes.--The purposes of this Act are-- (1) to settle the land claims of the Tribes against the landowners; and (2) to direct the Secretary to take into trust for the benefit of the Tribes the Alternative Lands in settlement of the Tribes' land claims. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Alternative lands.--The term ``Alternative Lands'' means the following: (A) The lands chosen and acquired by the Community for transfer to the United States to be held in trust for the Community as part of the settlement of the claims of the Community to the Charlotte Beach Lands. These Alternative Lands, comprising 21.55 acres, more or less, are located in Vanderbilt, Michigan, and are more particularly described as a parcel of land on part of the NW \\1/4\\ Section 22, T32N, R3W, Village of Vanderbilt, Otsego County, Michigan, described as beginning at the northwest corner of said Section 22; thence S88 deg. 15'18\"E, 1321.66' along the north line of said Section 22; thence S00 deg.06'15\"E, 271.37' along the westerly \\1/8\\ line of said Section 22; thence 511.42' along a curve to the left, said curve having a radius of 5844.58', delta angle of 5 deg.00'48\", a long chord of 511.26', bearing S22 deg.58'20\"W, along the Westerly line of limited access highway I-75; thence N88 deg.15'18\"W, 1121.33'; thence N00 deg.05'27\"W, 748.19' to the point of beginning, containing 21.55 acres more or less and being subject to highway easements of varying widths as shown on attached Certificate of Survey, also subject to any other easements or restrictions of record, if any, Otsego County Records. (B) The lands chosen and acquired by the Sault Tribe for transfer to the United States in trust for the Sault Tribe as a part of the settlement of the potential claims of the Sault Tribe to the Charlotte Beach Lands. These Alternative Lands-- (i) shall comprise a single parcel not to exceed 25 acres; (ii) shall be located within the exterior boundaries of the State of Michigan; (iii) shall be located north of the boundary formed by beginning on the shore of Lake Huron directly east of Michigan State Highway 46, then heading west to the eastern most point of Michigan State Highway 46, then heading westerly on Michigan State Highway 46, then heading southerly on Michigan State Highway 13, then heading westerly on Michigan State Highway 21 to the westernmost point of Michigan State Highway 21, then heading westerly to the easternmost point of Michigan State Highway 45, then heading westerly on Michigan State Highway 45 to the westernmost point of Michigan State Highway 45 to the shore of Lake Michigan; (iv) shall not be located closer than 25 miles from the Alternative Lands described in subparagraph (A) and lands that are held in trust for any tribe other than the Sault Tribe on the date of the enactment of this Act; and (v) shall be located within lands previously ceded to the United States Government by the Ottawa and Chippewa nations of Indians under the Treaty of March 28, 1836 (7 Stat. 491). (2) Charlotte beach lands.--The term ``Charlotte Beach Lands'' means those lands in the Charlotte Beach area of Michigan and described as follows: Government Lots 1, 2, 3, and 4 of section 7, T45N, R2E, and Lot 1 of section 18, T45N, R2E, Chippewa County, State of Michigan. (3) Community.--The term ``Community'' means the Bay Mills Indian Community, a federally recognized Indian tribe. (4) Sault tribe.--The term ``Sault Tribe'' means the Sault Ste. Marie Tribe of Chippewa Indians, a federally recognized Indian tribe. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Tribes.--The term ``Tribes'' means the Community and the Sault Tribe. SEC. 3. ACCEPTANCE OF ALTERNATIVE LANDS. (a) By the Community.--Upon relinquishment by the Community of any and all claims to the Charlotte Beach Lands and dismissal with prejudice of Bay Mills Indian Community v. Western Life Assurance Company et al., Case No. 2:96-CV-275, United States District Court for the Western District of Michigan-Northern Division and Bay Mills Indian Community v. State of Michigan et al., Michigan Court of Claims, File No. 96-16482-CM-- (1) the Secretary shall take the Alternative Lands described in section 2(1)(A) into trust for the benefit of the Community as part of the settlement of the Community's claims to the Charlotte Beach Lands; and (2) the Alternative Lands described in section 2(1)(A) shall become part of the Community's reservation. (b) By the Sault Tribe.--The Secretary shall take the Alternative Lands described in section 2(1)(B) into trust for the benefit of the Sault Tribe as settlement of the Sault Tribe's claims to the Charlotte Beach Lands. Upon the taking of the Alternative Lands into trust, any and all potential claims of the Sault Tribe in and to the Charlotte Beach Lands shall be relinquished and extinguished thereby, and the lands taken into trust shall become part of the Sault Tribe's reservation. (c) Settlement of Land Claims.--The Alternative Lands are taken into trust as provided in this section as part of the settlement of land claims of the Tribes within the meaning of section 20(b)(1)(B)(i) of Public Law 100-497. SEC. 4. EXTINGUISHMENT OF TITLE AND CLAIMS. (a) Approval and Ratification of Prior Transfers.--Any transfer, before the date of the enactment of this Act, of land or natural resources located within the boundaries of the Charlotte Beach Lands from, by, or on behalf of any Indian, Indian nation, or tribe or band of Indians (including the 2 bands of the Sault Ste. Marie Ottawa and Chippewa Indians of Michigan of which O-shaw-wan-no and Sha-wan were chiefs) or any member thereof, shall be deemed to have been made in accordance with the Constitution and all laws of the United States, including without limitation, the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4; 1 Stat. 137), and Congress hereby does approve and ratify such transfers effective as of the date of such transfers. (b) Aboriginal Title Extinguished.-- (1) In general.--Except as provided by paragraph (2), any aboriginal title held by any Indian, Indian nation, or tribe or band of Indians (including the 2 bands of the Sault Ste. Marie Ottawa and Chippewa Indians of Michigan of which O-shaw-wan-no and Sha-wan were chiefs and their members) to any land or natural resources, the transfer of which was approved and ratified by subsection (a), shall be regarded as extinguished as of the date of such transfer. (2) The tribes.--To the extent that the Charlotte Beach Lands involve land or natural resources to which the Tribes had aboriginal title, relinquishment by the Tribes under section 3 shall be regarded as an extinguishment of such aboriginal title. (c) Extinguishment of Claims.-- (1) In general.--Except as provided by paragraph (2), any claim (including any claim for damages for trespass, use, or occupancy) by, or on behalf of, any member of any Indian, Indian nation, or tribe or band of Indians (including the 2 bands of the Sault Ste. Marie Ottawa and Chippewa Indians of Michigan of which O-shaw-wan-no and Sha-wan were chiefs) or any member thereof against the United States, any State or subdivision thereof or any other person which is based on-- (A) any interest in or right involving any land or natural resources of which was approved and ratified by subsection (a); or (B) any aboriginal title to land or natural resources the extinguishment of which was effected by subsection (b), shall be regarded as extinguished as of the date of any such transfer. (2) The tribes.--Any transfer of land within the State of Michigan to the Secretary to be taken in trust for the Community or the Sault Tribe under this Act shall be conditioned upon the Secretary's receipt of duly enacted resolutions of the elected tribal council of the Community and the Sault Tribe agreeing to the extinguishment of all claims against the United States, the State of Michigan or any subdivision thereof, or any person or entity by the Community or the Sault Tribe based on the claims to the Charlotte Beach Lands (including without limitation, claims for trespass damages, use, or occupancy) as provided in this Act, and agreeing to the extinguishment of any claims against the United States based on the enactment of this Act. The extinguishment of these claims is in consideration for the benefits to the Community and the Sault Tribe under this Act.", "summary": "Requires that, upon relinquishment by the Bay Mills Indian Community of all claims to the Charlotte Beach Lands (certain Michigan lands that are located within the Community's traditional homelands) and dismissal of specified suits by the Community concerning title to such lands: (1) the Secretary of the Interior shall take certain Alternative Lands into trust for the benefit of such Community as part of the settlement of the Community's claim to the Charlotte Beach Lands; and (2) the Alternative Lands shall become part of the Community's reservation.Directs the Secretary to take certain other Michigan lands (that meet specified requirements concerning size and location) into trust for the benefit of the Sault Ste. Marie Tribe of Chippewa Indians of Michigan as settlement of that Tribe's claims to the Charlotte Beach Lands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Savings Act of 2012''. SEC. 2. CONSUMER FINANCIAL PRODUCTS PILOT PROGRAM. (a) In General.--The Undersecretary of Defense (Comptroller) shall carry out a 5-year pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers. (b) Objectives.--Financial products developed under this section may seek to-- (1) increase the rate of savings among active-duty servicemembers by providing automatic deposit into a savings account of special pay and allowances received by a servicemember, including special pay and allowances received on account of the servicemember's deployment; (2) reduce the need for high-cost short-term lending services by providing alternatives to servicemembers, such as financial institutions providing an option for servicemembers to receive advances on their salary payments, such that servicemembers receive pay in more frequent installments, and where any interest or fees on such advances shall not exceed the rate described in section 987(b) of title 10, United States Code and shall adhere to the Affordable Small Dollar Lending Guidelines of the Federal Deposit Insurance Corporation; (3) address obstacles to traditional consumer banking and lending for servicemembers with limited credit history; and (4) otherwise encourage savings and wealth-creation among active-duty servicemembers. (c) No Exacerbation of Credit Overextension.--The pilot program carried out under this section shall be carried out in such a way that it does not exacerbate the incidence of credit overextension among servicemembers. (d) Implementation.-- (1) Selection of military installations.--The Undersecretary shall choose at least 10 military installations on which to implement the pilot program. (2) Incorporation into operating agreements.--With respect to a military installation chosen by the Undersecretary under paragraph (1), a financial institution seeking to begin operating on such installation, or seeking to renew an agreement to operate on such installation, shall-- (A) agree to offer the consumer financial products developed under this section; and (B) notify servicemembers that are customers of the institution about the availability of the consumer financial products developed under this section. (e) Consultation.--In developing consumer financial products under this section, the Undersecretary shall consult with Federal banking regulators with expertise in depository institutions, Federal agencies with experience regulating financial products, and consumer and military service organizations with relevant financial expertise. (f) Independent Evaluation.-- (1) In general.--Not later than the end of the 2-year period beginning on the date of the enactment of this Act, and annually thereafter until the end of the pilot program, the Undersecretary shall contract for an independent evaluation of the pilot program carried out under this section. Such evaluation-- (A) shall include the degree to which the pilot program succeeded in the goals of increasing usage of savings products, programs, and tools; and (B) shall be conducted by a contractor with knowledge of consumer financial products and experience in the evaluation of such products. (2) Report.--After each evaluation carried out pursuant to paragraph (1), the Undersecretary shall issue a report to the Committees on Armed Services and Financial Services of the House of Representatives and the Committees on Armed Services and Banking, Housing, and Urban Affairs of the Senate containing all findings and conclusions made by the contractor in carrying out such evaluation. (g) Expansion of Pilot Program.--Notwithstanding subsection (a), the Undersecretary may expand the pilot program, including extending the duration of the program and expanding the program to make it a nationwide program, to the extent determined appropriate by the Undersecretary, if the Undersecretary determines that such expansion is expected to-- (1) improve the rates of savings among servicemembers and their families; or (2) decrease the need for servicemembers and their families to rely on payday lenders without exacerbating credit overextension. (h) Financial Institution Defined.--For purposes of this section, the term ``financial institution'' means an insured depository institution (as defined under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2))) or a credit union.", "summary": "Military Savings Act of 2012 - Directs the Undersecretary of Defense (Comptroller) to carry out a five-year pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers. Requires the program to be carried out in such a way that it does not exacerbate the incidence of servicemember credit overextension. Directs the Undersecretary to choose at least 10 military installations at which to implement the program. Directs the Undersecretary to contract for an annual independent program evaluation until its termination. Allows the Undersecretary, under certain conditions, to expand the program to a nationwide program and to extend its duration."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Domestic Violence Screening and Treatment Act of 2002''. (b) Findings.--Congress finds the following: (1) Nearly one-third of American women (31 percent) report being physically or sexually abused by a husband or boyfriend at some point in their lives, and about 1200 women are murdered every year by their intimate partner, nearly 3 each day. (2) 85 percent of violent victimizations are experienced by women. (3) 37 percent of all women who sought care in hospital emergency rooms for violence-related injuries were injured by a current or former spouse, boyfriend, or girlfriend. (4) In addition to injuries sustained during violent episodes, physical and psychological abuse are linked to a number of adverse physical health effects including arthritis, chronic neck or back pain, migraine and other frequent headaches, stammering, problems with vision, and sexually transmitted infections, including HIV/AIDS. (5) Medical services for abused women cost an estimated $857.3 million every year. (6) Each year, at least six percent of all pregnant women, about 240,000 pregnant women, in this country are battered by the men in their lives. This battering leads to complications of pregnancy, including low weight gain, anemia, infections, and first and second trimester bleeding. (7) Pregnant and recently pregnant women are more likely to be victims of homicide than to die of any other cause, and evidence exists that a significant proportion of all female homicide victims are killed by their intimate partners. (8) Children who witness domestic violence are more likely to exhibit behavioral and physical health problems including depression, anxiety, and violence towards peers. They are also more likely to attempt suicide, abuse drugs and alcohol, run away from home, engage in teenage prostitution, and commit sexual assault crimes. (9) Fifty percent of men who frequently assault their wives frequently assault their children. The U.S. Advisory Board on Child Abuse and Neglect suggests that domestic violence may be the single major precursor to child abuse and neglect fatalities in this country. (10) Currently, about 10 percent of primary care physicians routinely screen for intimate partner abuse during new patient visits and nine percent routinely screen during periodic checkups. (11) Recent clinical studies have proven the effectiveness of a 2-minute screening for early detection of abuse of pregnant women. Additional longitudinal studies have tested a 10-minute intervention that was proven highly effective in increasing the safety of pregnant abused women. Comparable research does not yet exist to support the effectiveness of screening men. (12) 70 to 81 percent of the patients studied reported that they would like their healthcare providers to ask them privately about intimate partner violence. SEC. 2. COVERAGE OF DOMESTIC VIOLENCE SCREENING AND TREATMENT UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (a)(26), by striking ``and'' at the end; (2) by redesignating paragraph (27) of subsection (a) as paragraph (28); and (3) by inserting after paragraph (26) of subsection (a) the following new paragraph: ``(27) domestic violence screening and treatment services (as defined in subsection (x));''; and (4) by adding at the end the following new subsection: ``(x) The term `domestic violence screening and treatment services' means the following services (as specified under the State plan) furnished by an attending health care provider (or, in the case of services described in paragraph (3), under arrangements between the provider and domestic violence experts) to women 18 years of age or older: ``(1) Routine verbal screening for domestic violence by a provider if the provider has not previously screened the patient or if the patient has been screened but the patient indicates that she is in a new relationship regardless of whether there are any clinical indicators or suspicion of abuse. ``(2) Danger assessment for women who positively identify for domestic violence, including an immediate safety assessment, an initial risk assessment, and follow-up risk assessments during subsequent visits. ``(3) Treatment relating to domestic violence, including the following: ``(A) Safety education to assist the patient in developing a plan to promote her safety and well-being, such as keeping an emergency kit, talking to someone, and arranging for a place to stay, and appropriate follow up. ``(B) Health education which provides written and verbal information about domestic violence, its impact on health, options for services, and any necessary follow up. ``(C) Psycho-social and counseling services that include an initial assessment, development of a plan of care, individual or group counseling (as needed), and follow-up assessment, treatment, or intervention. ``(D) Documentation of screening, assessment, treatment, referrals, injuries, and illnesses related to domestic violence and who inflicted them, using appropriate diagnostic codes and absolute confidentiality (except as required by applicable State law). ``(4) Referral and case coordination for additional services, including services from domestic violence programs, community agencies, and judicial and other systems.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after such date. SEC. 3. FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) A contract may not be made or a plan approved which does not include coverage for domestic violence screening and treatment services. ``(2) For purposes of this subsection, the term `domestic violence screening and treatment services' has the meaning given such term in section 1905(x) of the Social Security Act.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contracts made, and plans approved, after the end of the 6- month period beginning on the date of the enactment of this Act. SEC. 4. MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT. (a) Requirement for Portion of Expenditures on Domestic Violence Screening and Treatment.--Section 505(a)(5) of the Social Security Act (42 U.S.C. 705(a)(5)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by inserting after subparagraph (F) the following new subparagraph: ``(G) the State will set aside a reasonable portion (based upon the State's previous use of funds under this title) of the funds provided for domestic violence screening and treatment services (as defined in section 1902(x)).''. (b) Preference in Certain Funding.--Section 502(b)(2) of such Act (42 U.S.C. 702(b)(2)) is amended by adding at the end the following new subparagraph: ``(C) Of the amounts retained for projects described in subparagraphs (A) through (F) of section 501(a)(3), the Secretary shall provide preference to qualified applicants which demonstrate that the activities to be carried out with such amounts includes training of providers in how to screen for, and treat, domestic violence and training that includes-- ``(i) identifying victims of domestic violence and maintaining complete medical records that include documentation of the examination, treatment given, and referrals made, and recording the location and nature of the victim's injuries; ``(ii) examining and treating such victims, within the scope of the health professional's discipline, training, and practice (including medical advice regarding the dynamics and nature of domestic violence); ``(iii) assessing the immediate and short-term safety of the victim and assisting the victim in developing a plan to promote his or her safety; and ``(iv) referring the victim to public and private nonprofit private entities that provide services for such victims.''. (c) Reporting Data.--Section 506(a)(2) of such Act (42 U.S.C. 706(a)(2)) is amended by adding at the end the following new subparagraph: ``(F) Information on how funds provided under this title are used to screen for and treat domestic violence.''. (d) Separate Program for Domestic Violence Screening and Treatment.--Title V of such Act is amended by adding at the end the following new section: ``separate program for domestic violence screening and treatment ``Sec. 511. (a) For the purpose described in subsection (b), the Secretary shall, for fiscal year 2003 and each subsequent fiscal year, allot to each State which has transmitted an application for the fiscal year under section 505(a) an amount equal to the product of ``(1) the amount appropriated in subsection (d) for the fiscal year; and ``(2) the percentage determined for the State under section 502(c)(1)(B)(ii). ``(b) The purpose of an allotment under subsection (a) to a State is to enable the State to provide for domestic violence screening and treatment, including the provision of domestic violence screening and treatment services (as defined in section 1905(x)), increasing the number of women screened, assessed, treated, and referred and including training of health care providers on how to identify and respond to victims of domestic violence. ``(c)(1) Sections 503, 507, and 508 apply to allotments under subsection (a) to the same extent and in the same manner as such sections apply to allotments under section 502(c). ``(2) Sections 505 and 506 apply to allotments under subsection (a) to the extent determined by the Secretary to be appropriate. ``(d) For the purpose of allotments under subsection (a), there is authorized to be appropriated for each fiscal year, beginning with fiscal year 2003, such sums as may be necessary.''. (e) Effective Date.--The amendments made by subsections (a) and (b) shall apply to fiscal years beginning after the date of the enactment of this Act and the amendment made by subsection (c) shall apply to annual reports submitted for such fiscal years.", "summary": "Domestic Violence Screening and Treatment Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require that health benefits provided include coverage of domestic violence screening and treatment.Amends Federal civil service law to require the Office of Personal Management to require all contracted carriers of health coverage for Federal employees to include coverage for domestic violence screening and treatment services.Amends SSA title V (Maternal and Child Health Services) to require States to set aside a reasonable portion of maternal and child health services block grant funds to provide for domestic violence screening and treatment services. Authorizes the Secretary of Health and Human Services, with respect to such funds retained for certain projects, to provide preference to State applicants who include training of providers in how to screen for, and treat, domestic violence.Requires the Secretary to allot funds to States to provide for a separate program for domestic violence screening and treatment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Law Enforcement Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) effective and impartial enforcement of the law is one of the most important functions of the government; (2) the preservation of our form of Government and the rights of our citizens are dependent upon competent and professional law enforcement agencies; (3) responsibility for law enforcement in the United States resides primarily with State and local governments; (4)(A) one-third of all Americans live in nonurban areas and 90 percent of all law enforcement agencies serve populations of fewer than 25,000 residents; and (B) 75 percent serve a population of fewer than 10,000 residents; (5) rural violent crime has increased over 35 percent from 1985 to 1995, and is taking a toll on rural citizens and rural law enforcement practitioners; (6) approximately 22,400 local government entities exist in the 50 States, and the needs of rural law enforcement in the areas of research, technical assistance, and the delivery of executive education and training programs have been jointly identified by the Federal Bureau of Investigation, the Department of Justice, and the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock; and (7) the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock will continue to cooperate with the Federal Bureau of Investigation and the Department of Justice to promote the development and implementation of training and education programs for rural law enforcement agencies. SEC. 3. NATIONAL CENTER FOR RURAL LAW ENFORCEMENT. (a) In General.--Title XVIII of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following new subtitle: ``Subtitle D--National Center for Rural Law Enforcement ``SEC. 180401. ESTABLISHMENT. ``(a) In General.--There is established at the University of Arkansas, at Little Rock, the National Center for Rural Law Enforcement. ``(b) Advisory Board.-- ``(1) In general.--There shall be established within the National Center for Rural Law Enforcement an Advisory Board (referred to in this Act as the `Advisory Board') that shall be comprised of 15 members, of whom-- ``(A) 10 shall be selected by the Attorney General of the United States, in consultation with the Director of the Federal Bureau of Investigation, from personnel of rural law enforcement agencies serving communities with populations of less than 25,000 people, 2 from each of 5 regions (including the Northeast, Northwest, Southeast, Southwest, and Midwest); ``(B) 2 shall be selected by the Attorney General from personnel of State law enforcement agencies, 1 from training and 1 from law enforcement; ``(C) 2 shall be selected by the Director of the Federal Bureau of Investigation from employees of the Federal Bureau of Investigation; and ``(D) the Executive Director of the National Center for Rural Law Enforcement, who shall serve as a permanent member of the Advisory Board. ``(2) Powers.-- ``(A) Terms of the Advisory Board members will be for 1 year, with 3 members rotating each year. The first Advisory Board members, at their first meeting, will draw lots from 1 to 5 years. ``(B) The Advisory Board members shall formulate, adopt, and publish guidelines governing the operation of the Center, consistent with its mission. ``(3) Travel expenses.--The members of the Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Advisory Board. ``(c) Executive Director.-- ``(1) Appointment.--The Attorney General shall appoint the Executive Director of the National Center for Rural Law Enforcement in consultation with the Director of the Federal Bureau of Investigation and the Chancellor of the University of Arkansas at Little Rock. The Executive Director shall serve a term not longer than 5 years. ``(2) Duties.--The Executive Director shall have the duties and responsibilities fulfilling functions as set forth in this Act, including the preparation and submission of a periodic report to the Advisory Board and the Chancellor of the University of Arkansas at Little Rock. ``(d) Procurement of Temporary and Intermittent Services.--The National Center for Rural Law Enforcement, with the advice of the Advisory Board, may procure temporary and intermittent services under section 3109 of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for members of the Senior Executive Service, ES-6, Level V of the Executive Schedule as authorized by section 5352 of such title. ``SEC. 180402. FUNCTIONS. ``(a) In General.--The Director of the National Center for Rural Law Enforcement shall provide for-- ``(1) the training of supervisory and executive managers of rural law enforcement in a systematic and effective manner; ``(2) the support of rural law enforcement agencies with technical assistance and practical and focused research; ``(3) equitable education and training opportunities for rural law enforcement personnel; ``(4) the delivery of training programs by Federal agencies and the Center; ``(5) the promotion, development, and adoption of a voluntary national system of education and training standards and certification; ``(6) the development and dissemination of information designed to assist States and units of local government in rural areas throughout the country; ``(7) grants to, and contracts with, Federal, State, and general units of local government, public and private agencies, educational institutions, organizations, and individuals to carry out this subtitle; ``(8) the establishment and continuation of a clearinghouse and information center for the collection, preparation, and dissemination of information on criminal justice and rural law enforcement, including programs for prevention of crime and recidivism, and management training of law enforcement personnel; ``(9) assistance and service in a consulting capacity to Federal, State, and local criminal justice agencies in the development, maintenance, and coordination of programs, facilities and services, training, research, and prevention with respect to crime in rural areas; ``(10) the encouragement and assistance to Federal, State, and local government programs and services, and programs for law enforcement officers, judges and judicial personnel, probation and parole personnel, correctional personnel, welfare workers, and other persons; ``(11) the development of technical training teams to aid in the development of seminars, workshops, and training programs within the States and with the State and local agencies that work with rural law enforcement managers; ``(12) the conduct, encouragement, and coordination of research relating to law enforcement and criminal justice issues, including the causes, diagnosis, and prevention of criminal activity; ``(13) the formulation and dissemination of rural law enforcement policy, goals, standards, and recommendations for Federal, State, and local criminal justice agencies, organizations, institutions, and personnel; and ``(14) evaluation programs that study the effectiveness of new approaches, techniques, systems, programs, and devices employed to improve rural law enforcement systems. ``(b) Authority.--The National Center for Rural Law Enforcement may-- ``(1) enter into contracts with public or private agencies, organizations, or individuals for the performance of any of the functions of the Center; ``(2) enter into cooperative agreements with Federal, State, and local agencies and nonprofit entities to carry out the functions of the Center; ``(3) arrange with and reimburse the heads of Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies; ``(4) confer with and avail itself of the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, and individuals; and ``(5) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates of compensation not to exceed the daily equivalent of the rate authorized for members of the Senior Executive Service, ES-6, Level 5, as authorized by section 5352 of title 5, United States Code. ``(c) Methods.--In carrying out its functions under this section, the National Center for Rural Law Enforcement shall-- ``(1) utilize consensus building; ``(2) work in cooperation with-- ``(A) rural, nonurban law enforcement agencies; ``(B) agencies of Federal, State, and local governments; and ``(C) institutions of higher learning, law enforcement associations, and other not-for-profit organizations; ``(3) request and receive from other Federal departments and agencies such statistics, data, program reports, and other materials necessary for the Center to carry out its functions; ``(4) arrange with and reimburse the heads of other Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies; and ``(5) use the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, and individuals. ``SEC. 180403. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subtitle, as a separate line item in the Department of Justice Appropriations Act-- ``(1) $12,000,000 for fiscal year 1998; and ``(2) such sums as are necessary for each of the fiscal years 1999 through 2002.''. (b) Technical Amendment.--The table of contents for the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end of the matter relating to title XVIII, the following: ``Subtitle D--National Center for Rural Law Enforcement ``Sec. 180401. Establishment. ``Sec. 180402. Functions. ``Sec. 180403. Authorization of appropriations.''.", "summary": "Rural Law Enforcement Act of 1997 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to establish: (1) at the University of Arkansas at Little Rock the National Center for Rural Law Enforcement; and (2) an Advisory Board to formulate, adopt, and publish guidelines governing the operation of the Center. Sets forth provisions regarding the Center's: (1) functions (including the promotion, development, and adoption of a voluntary national system of education and training standards and certification); (2) authority (such as hiring experts and consultants); and (3) methods (including consensus building). Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Detainee Basic Medical Care Act of 2008''. SEC. 2. MEDICAL CARE STANDARDS FOR IMMIGRATION DETAINEES OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--The Secretary of Homeland Security shall establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in the custody of the Department of Homeland Security. Such procedures shall address all immigration detainee health needs, including primary care, emergency care, chronic care, prenatal care, dental care, eye care, mental health care, medical dietary needs, and other medically necessary specialized care. (b) Medical Screenings and Examinations.--The Secretary's procedures shall be designed to ensure continuity of medical and mental health care services for each immigration detainee upon arrival at a detention facility. At a minimum, such procedures shall be designed to ensure that-- (1) each immigration detainee receives a comprehensive medical and mental health intake screening by a qualified health care professional upon arrival at the facility; (2) each immigration detainee receives a comprehensive medical and mental health examination and assessment by a qualified health care professional not later than 14 days after arrival; (3) each immigration detainee taking prescribed medications prior to detention is allowed to continue taking such medications, on schedule and without interruption, until and unless a qualified health care professional examines the immigration detainee and decides upon an alternative course of treatment; and (4) subject to the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), each immigration detainee with a serious medical or mental health care condition is given priority consideration for release on parole, on bond, or into an alternative to detention program, with periodic reevaluations for such immigration detainees not initially released. (c) Continuity of Care.--The Secretary's procedures shall be designed to ensure continuity of medical and mental health care services for each immigration detainee throughout detention. At a minimum, such procedures shall be designed to ensure that-- (1) immigration detainees are informed of available medical and mental health care services and how to request such services; (2) a prompt response is provided to any request for medical or mental health care; (3) treatment decisions are based solely on professional clinical judgments; (4) prescribed medications and medically necessary treatment are provided to immigration detainees on schedule and without interruption; and (5) the medical and mental health of an immigration detainee is considered prior to any decision to transfer the immigration detainee to another detention facility, and such immigration detainee suffers no interruption in the provision of medical treatment, including the delivery of prescribed medications, during and after such transfer. (d) Medical Records.--The Secretary's procedures shall be designed to ensure the availability of medical records to appropriate personnel. At a minimum, such procedures shall be designed to ensure that-- (1) immediately upon an immigration detainee's transfer from one detention facility to another, the immigration detainee's complete medical records, including any transfer summary, are provided to the receiving facility; (2) within 72 hours of receiving a written request, an immigration detainee's complete medical records are provided to the immigration detainee or any person designated by the immigration detainee; and (3) an immigration detainee shall be provided the appropriate forms where necessary to comply with this subsection and relevant privacy laws. (e) Administrative Appeals Process.--The Secretary's procedures shall include an administrative appeals process for denials of medical or mental health care. At a minimum, such procedures shall be designed to ensure that-- (1) the Secretary responds promptly to any request by an on-site medical provider for authorization to provide medical or mental health care to an immigration detainee; (2) in each case in which the Secretary denies or fails to grant such a request, a written explanation of the reasons for the decision shall be conveyed without delay to the on-site medical provider and the immigration detainee; (3) the on-site medical provider and immigration detainee (or legally appointed advocate) are provided an opportunity to appeal the denial of or failure to grant the requested health care service; and (4) such appeal is resolved in writing within 30 days by an impartial board, which shall include health care professionals in the fields relevant to the request for medical or mental health care, and the written decision is conveyed without delay to the on-site medical provider and the immigration detainee. (f) Discharge Planning.--The Secretary's procedures shall include discharge planning to ensure continuity of care, for a reasonable period of time, upon removal or release for persons with serious medical or mental health conditions. (g) Reporting Requirements.--The Secretary of Homeland Security shall report to the Offices of Inspector General for the Department of Homeland Security and the Department of Justice, within 48 hours, information regarding the death of any immigration detainee in the Secretary's custody. Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives containing detailed information regarding the death of all immigration detainees in the Secretary's custody during the preceding fiscal year. SEC. 3. DEFINITIONS. In this Act-- (1) ``detention facility'' means any Federal, State, or local facility used by the Secretary of Homeland Security to hold immigration detainees for more than 72 hours, regardless of whether use of such facility is subject to a contract or other agreement. (2) ``immigration detainee'' means any person in the custody of the Secretary of Homeland Security under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) at any detention facility.", "summary": "Detainee Basic Medical Care Act of 2008 - Directs: (1) the Secretary of Homeland Security to establish procedures for the delivery of medical and mental health care to all immigration detainees in Department of Homeland Security (DHS) custody; and (2) that such procedures address all detainee health needs, including primary care, emergency care, chronic care, prenatal care, dental care, eye care, mental health care, medical dietary needs, and other medically necessary specialized care."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Spring Mountain Exchange Act of 1998''. SEC. 2. EXCHANGE OF LANDS AND MINERAL INTERESTS. (a) Conveyance by United States.-- (1) In general.--Subject to subsections (b), (c), and (d) and notwithstanding any other provision of law, not later than 90 days after the final determination of lands and interests subject to exchange under this section, the Secretary of the Interior shall convey to Rhodes Design and Development Corporation, subject to any valid existing rights and in exchange for lands and interests conveyed by the Corporation in accordance with subsection (b), all right, title, and interest of the United States in and to approximately 1,463 acres of Federal lands in the State of Nevada depicted on the map entitled ``Spring Mountain Land Exchange, Map 1 dated August ____, 1998''. The Secretary shall make that map available for public inspection in the offices of the Director of the Las Vegas District of the Bureau of Land Management. (2) Determination of lands and interests.--The Secretary shall determine the lands and interests that are subject to exchange under this section not later than 90 days after the date of the enactment of this Act. (b) Offer and Acceptance.--The Secretary shall make the conveyance to the Corporation under subsection (a) only if the Corporation conveys to the United States all right, title, and interest of the Corporation in and to approximately 490 acres of lands in the State of Nevada depicted on a map entitled ``Spring Mountain Land Exchange Map 2 dated August ____, 1998''. The Secretary shall make that map available for public inspection in the offices of the Director of the Las Vegas District of the Bureau of Land Management. (c) Equalization Payments.-- (1) In general.--If the fair market values of lands and interests exchanged under this section are not equal, the Secretary shall ensure that they are equalized by the payment of money to the Secretary or to the Corporation as appropriate in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Valuation.--The value of lands and interests shall be determined for purposes of this section-- (A) utilizing nationally recognized appraisal standards; (B) in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); and (C) without regard to the presence of any species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Payments to State and Local Government.-- (1) In general.--The Secretary shall require, as a term of any conveyance under this section, that the Corporation shall make direct payments to the State of Nevada and the Southern Nevada Water Authority in accordance with paragraph (2). Such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary. (2) Amount of payment.-- (A) Payment to state.--The amount paid by the Corporation to the State of Nevada shall be equal to 5 percent of the fair market value of the Federal lands conveyed by the United States under this section (as determined under subsection (b)), and shall be used by the State only in the general education program of the State. (B) Payment to authority.--The amount paid by the Corporation to the Southern Nevada Water Authority shall be equal to 10 percent of the fair market value of the Federal lands conveyed by the United States under this section (as determined under subsection (b)), and shall be used by the Authority only for water treatment and transmission facility infrastructure in Clark County, Nevada. (e) Adjustments to Maps.--The Secretary may make such minor corrections in the maps referred to in this section as may be agreed upon by the Secretary and the Corporation, after the Secretary notifies the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives of any such minor corrections. (f) Administration of Lands.-- (1) Cancellation.--If, before the exchange has been carried out pursuant to subsections (a) and (b), the Corporation provides written notification to the Secretary that the Corporation no longer intends to complete the exchange, the status of the lands and interests otherwise subject to the exchange shall revert to the status of such lands and interests as of the day before the date of enactment of this Act, and the lands and interests shall be managed in accordance with applicable law and management plans. (2) Administration of lands acquired by the united states.--On acceptance of title by the United States, all land and interests acquired by the United States under this section that are located within the boundaries of a unit of the National Forest System, National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, or any other system established by an Act of Congress, or within the boundaries of any national conservation area or national recreation area established by an Act of Congress-- (A) shall become part of the unit or area without further administrative or legislative action; and (B) shall be managed in accordance with all laws, regulations, and land use plans applicable to the unit or area. (g) Definitions.--As used in this section: (1) Corporation.--The term ``Corporation'' means the Rhodes Design and Development Corporation (a corporation established under the laws of the State of Nevada). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.", "summary": "Spring Mountain Exchange Act of 1998 - Requires the Secretary of the Interior to convey to Rhodes Design and Development Corporation certain Federal lands in Clark County, Nevada, in exchange for: (1) certain Corporation lands in Nevada; and (2) specified payments by the Corporation to the State of Nevada for use in its general education program and to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure. Provides that such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Cheese Exchange Oversight and Improvement Act of 1997''. SEC. 2. FINDINGS. The Congress finds that the operation of the National Cheese Exchange and other cash markets is of national concern and in need of Federal oversight because of the following: (1) The National Cheese Exchange, located in Green Bay, Wisconsin, is the dominant cash market for bulk cheese in the United States. (2) While less than 1 percent of the cheese produced in the United States is sold on the National Cheese Exchange, the price determined by the National Cheese Exchange acts as a reference price for as much as 95 percent of the commercial cheese transactions conducted in the United States. (3) A 3-year federally funded investigation into the activities of the National Cheese Exchange determined that the National Cheese Exchange is very thinly traded, highly concentrated, completely unregulated, and subject to manipulation. (4) The Coffee, Sugar, and Cocoa Exchange in New York, an exchange regulated by the Commodity Futures Trading Commission, trades futures contracts for cheese. (5) The low volume in trading of cheese futures contracts on the Coffee, Sugar, and Cocoa Exchange is partially related to concerns about the lack of viability, and potential for manipulation, in the dominant cash market for cheese, the National Cheese Exchange. (6) The National Cheese Exchange is completely unregulated by any Federal or State agency. (7) The Commodity Futures Trading Commission claims a lack of authority to regulate or oversee the National Cheese Exchange and similar cash markets. SEC. 3. COMMODITY FUTURES TRADING COMMISSION REGULATION OF NATIONAL CHEESE EXCHANGE AND SIMILAR CASH MARKETS. The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by inserting after section 20 (7 U.S.C. 24) the following new section: ``SEC. 21. COMMISSION REGULATION OF NATIONAL CHEESE EXCHANGE AND SIMILAR CASH MARKETS. ``(a) Definition of Concentrated Cash Market.--In this section, the term `concentrated cash market' means-- ``(1) the National Cheese Exchange located in Green Bay, Wisconsin; and ``(2) a cash market for a commodity if the Commission determines that-- ``(A) the cash market is geographically centralized in the form of a market or exchange; ``(B) the cash market is very thinly traded or highly illiquid; ``(C) the price established by the cash market functions as a reference price for a majority of commercial transactions off the cash market for the commodity being traded; ``(D) trading in the cash market is concentrated among relatively few buyers and sellers; ``(E) the cash market is substantially unregulated by any other regulatory structure (including State regulation or self-regulation); ``(F) a futures market regulated under this Act also exists for the commodity that is being traded on the cash market; and ``(G) the instability, illiquidity, or potential for manipulation for on the cash market could be a deterrent to the use of the futures market for that commodity. ``(b) Regulation of Concentrated Cash Markets.--In consultation with the Secretary of Agriculture, the Commission shall regulate a concentrated cash market under this Act until such time as the Commission determines that the concentrated cash market is not functioning as a reference price for a majority of commercial transactions off the cash market for the commodity being traded on the concentrated cash market. ``(c) Submission and Review of Operating Rules.--The Commission shall require a cash market that is subject to this section to-- ``(1) Submission required.--The Commission shall require a concentrated cash market subject to regulation under subsection (b) to submit to the Commission for approval a set of rules governing the operation of the concentrated cash market; and ``(2) Time for submission.--In the case of the National Cheese Exchange, the operating rules required under this subsection shall be submitted not later than 90 days after the date of enactment of this section. In the case of other concentrated cash markets, the operating rules shall be submitted not later than 90 days after the date on which the Commission notifies the concentrated cash market that it is subject to regulation under this section. ``(3) Notification of commission action.--The Commission shall promptly review operating rules submitted by a concentrated cash market under this subsection to determine whether the rules are sufficient to govern the operation of the concentrated cash market. Not later than 60 days after receiving the rules from a concentrated cash market, the Commission shall notify the concentrated cash market of the result of the review, including whether the rules are approved or disapproved. If disapproved, the Commission shall provide such recommendations regarding changes to the rules as the Commission considers necessary to secure approval and provide a schedule for resubmission of the rules. ``(4) Subsequent rule changes.--A concentrated cash market may not change approved operating rules unless the proposed change is also submitted to the Commission for review and the Commission approves the change in the manner provided in paragraph (3). ``(d) Effect of Failure To Submit or Receive Approval of Rules.-- Beginning 1 year after the date of the enactment of this section, the National Cheese Exchange may operate only in accordance with rules approved by the Commission under subsection (c). In the case of other concentrated cash markets, beginning 1 year after the date on which the concentrated cash market is notified that it is subject to regulation under this section, the concentrated cash market may operate only in accordance with rules approved by the Commission under subsection (c).''.", "summary": "National Cheese Exchange Oversight and Improvement Act of 1997 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission to regulate a concentrated cash market (as defined by this Act), including the National Cheese Exchange in Green Bay, Wisconsin, until the Commission determines that the market is not functioning as a reference price for off-market transactions of the commodity being traded on such market."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Infrastructure Protection Act'' or the ``CIPA''. SEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND PREPAREDNESS. (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 121) is amended-- (1) in section 2 (6 U.S.C. 101), by inserting after paragraph (6) the following: ``(6a) EMP.--The term `EMP' means-- ``(A) an electromagnetic pulse caused by intentional means, including acts of terrorism; and ``(B) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena.''; (2) in title V (6 U.S.C. 311 et seq.), by adding at the end the following: ``SEC. 526. NATIONAL PLANNING FRAMEWORKS AND EDUCATION. ``The Secretary, or the Secretary's designee, shall, to the extent practicable-- ``(1) include in national planning frameworks the threat of EMP events; and ``(2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers at all levels of government of the threat of EMP events.''; (3) in title III (6 U.S.C. 181 et seq.), by adding at the end of the following: ``SEC. 318. EMP RESEARCH AND DEVELOPMENT. ``(a) In General.--In furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant agencies and departments of the Federal Government and relevant owners and operators of critical infrastructure, shall, to the extent practicable, conduct research and development to mitigate the consequences of EMP events. ``(b) Scope.--The scope of the research and development under subsection (a) shall include the following: ``(1) An objective scientific analysis of the risks to critical infrastructures from a range of EMP events. ``(2) Determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events. ``(3) An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. ``(4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to EMP. ``(5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events.''; and (4) in section 201(d) (6 U.S.C. 121(d)), by adding at the end the following: ``(26)(A) Prepare and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate-- ``(i) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, including from acts of terrorism; and ``(ii) biennial updates on the status of the recommended strategy. ``(B) The recommended strategy shall-- ``(i) be based on findings of the research and development conducted under section 318; ``(ii) be developed in consultation with the relevant Federal sector-specific agencies (as defined under Homeland Security Presidential Directive-7) for critical infrastructures; ``(iii) be developed in consultation with the relevant sector coordinating councils for critical infrastructures; and ``(iv) include a classified annex as needed. ``(C) The Secretary may, if appropriate, incorporate the recommended strategy into a broader recommendation developed by the Department to help protect and prepare critical infrastructure from terrorism and other threats if, as incorporated, the strategy complies with subparagraph (B).''. (b) Clerical Amendments.--The table of contents in section 1(b) of such Act is amended-- (1) by adding at the end of the items relating to title V the following: ``Sec. 526. National planning frameworks and education.''; and (2) by adding at the end of the items relating to title III the following: ``Sec. 318. EMP research and development.''. (c) Deadline for Recommended Strategy.--The Secretary of Homeland Security shall submit the recommended strategy required under the amendment made by subsection (a)(4) by not later than 1 year after the date of the enactment of this Act. (d) Report.--The Secretary shall submit a report to Congress by not later than 180 days after the date of the enactment of this Act describing the progress made in, and an estimated date by which the Department of Homeland Security will have completed-- (1) including EMP (as defined in the amendment made by subsection (a)(1)) threats in national planning frameworks; (2) research and development described in the amendment made by subsection (a)(3); (3) development of the comprehensive plan required under the amendment made by subsection (a)(4); and (4) outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers at all levels of government regarding the threat of EMP events. SEC. 3. NO REGULATORY AUTHORITY. Nothing in this Act, including the amendments made by this Act, shall be construed to grant any regulatory authority. SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS. This Act, including the amendments made by this Act, may be carried out only by using funds appropriated under the authority of other laws. Passed the House of Representatives November 16, 2015. Attest: KAREN L. HAAS, Clerk.", "summary": "(This measure has not been amended since it was reported to the House on August 4, 2015. Critical Infrastructure Protection Act or CIPA (Sec. 2) Amends the Homeland Security Act of 2002 to define "EMP" to mean: (1) an electromagnetic pulse caused by intentional means, including acts of terrorism; and (2) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena. Directs DHS to: (1) include in national planning frameworks the threat of EMP events; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers of the threat of EMP events. Directs DHS to conduct research and development to mitigate the consequences of EMP events, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EMP events; (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events; (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EMP; and (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. Includes among the responsibilities of DHS relating to intelligence and analysis and infrastructure protection, to prepare and submit to specified congressional committees: (1) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, and (2) biennial updates on the status of such strategy. Requires DHS to report within 180 days after enactment of this Act on the progress made in meeting, and on an estimated date for completing, the requirements set forth under this Act."}
{"article": "SECTION 1. AMENDMENT. Section 403 of the Social Security Act (42 U.S.C. 603) is amended by inserting after subsection (b) the following new subsection: ``(c)(1)(A) If the Secretary determines-- ``(i) that a State is operating a general welfare assistance program described in paragraph (3) during a calendar quarter, or ``(ii) that more than 20 percent of the local governments within a State that provide general welfare assistance are operating programs described in paragraph (3) during a calendar quarter, the Secretary shall reduce by 50 percent the amount that such State would otherwise receive under subsection (a) with respect to expenditures made by such State during such quarter for the administration of the aid to families with dependent children program under this part. ``(B) If a State receives a reduced payment in a calendar quarter as a result of a determination by the Secretary under subparagraph (A)(ii)-- ``(i) such State shall reduce for such quarter the payments made to each State office administering the aid to families with dependent children program which is located within the jurisdiction of the local governments described in subparagraph (A)(ii) by an amount equal to 50 percent of the of Federal share of the administrative expenses of such office; and ``(ii) such State shall not, as a result of such reduced payment, reduce for such quarter the payments made to any State office administering the aid to families with dependent children program which is not located within the jurisdiction of the local governments described in subparagraph (A)(ii). ``(2) If the Secretary determines that any local government within a State that is not described in paragraph (1)(A) is operating a general welfare assistance program described in paragraph (3) during a calendar quarter, the State shall reduce for such quarter the payments made to any State office administering the aid to families with dependent children program which is located within the jurisdiction of such local government by an amount equal to 50 percent of the of Federal share of the administrative expenses of such office and such amount shall be paid by the State to the Secretary. ``(3) A general welfare assistance program described in this paragraph is a general welfare assistance program that-- ``(A) provides benefits to able-bodied individuals (as determined by the Secretary) who have attained age 18 and who have no dependents (hereafter referred to in this subsection as `able-bodied individuals'); ``(B) does not have a workfare program that meets the participation rate requirements under paragraph (4); and ``(C) does not meet any other requirements set forth in regulations issued by the Secretary. ``(4)(A) The participation rate requirements under this paragraph are as follows: ``(i) In the case of a workfare program which is implemented after the date of the enactment of this subsection, the participation rate for such program shall be-- ``(I) for the second year that the program is operated, 10 percent; and ``(II) for any succeeding year, the percentage for the preceding year plus 2 percent. ``(ii) In the case of a workfare program which is operating on the date of the enactment of this subsection, the participation rate for such program shall be-- ``(I) for 1994-- ``(aa) in the case of a program with a participation rate below 10 percent for 1993, 10 percent; and ``(bb) in the case of a program with a participation rate between 10 percent and 50 percent for 1993, the program's participation rate for 1993 plus 2 percent; and ``(II) for any succeeding year, the percentage for the preceding year plus 2 percent. ``(B) The participation rates required under clauses (i) and (ii) of subparagraph (A) shall not exceed 50 percent. ``(C) For purposes of this subsection, the term `participation rate' means the percentage of the able-bodied individuals who receive general welfare assistance participating in a workfare program. ``(5) On or before the date which is 5 years after the date of the enactment of this subsection, the Secretary shall conduct a review of State and local participation rates and submit to Congress a report containing any of the Secretary's recommendations with respect to the participation rate requirements established under paragraph (4).''. SEC. 2. APPLICATION OF AMENDMENT. (a) Except as provided in subsection (b), the amendment made by section 1 shall apply to calendar quarters beginning on or after July 1, 1994. (b) In the case of a State which the Secretary determines requires State legislation (other than legislation authorizing or appropriating funds) in order to comply with the amendments made by section 1, the State shall not be regarded as failing to comply with such amendments solely on the basis of its failure to meet the requirements of such amendments before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.", "summary": "Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to require States to implement workfare programs for able-bodied residents on welfare aged 18 or over with no dependents in order for the State to maintain its current level of Federal funding for AFDC administrative expenses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay Stub Disclosure Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The lack of a Federal requirement to provide employees with pay stubs indicating how their pay is calculated or to allow employee inspections of employers' payroll records significantly impedes efforts to identify and challenge wage and hour violations. (2) In a survey of 4,387 low-wage workers in New York, Los Angeles, and Chicago, more than a quarter of workers were paid less than the minimum wage and among those who worked more than 40 hours per week, more than three-quarters were not paid overtime. Fifty-seven percent of these workers reported that they did not receive a pay stub in the previous week. (3) Some employers are increasingly engaging in practices that make it extremely difficult for workers to calculate their pay, including paying workers in cash or by personal checks. (4) While the Fair Labor Standards Act of 1938 and the regulations of the Department of Labor require employers to keep records of employees' pay, the lack of remedies diminishes the effectiveness of this requirement. (5) The Supreme Court held in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680 (1946)) that where an employer fails to keep records that are required under the Fair Labor Standards Act of 1938, when an employee presents sufficient evidence of the ``amount and extent of that work'', for which the employee was ``improperly compensated'' the burden shifts to the employer to disprove the employee's testimony and evidence of the hours the employee worked and how much he or she was paid. (6) Far too many courts have failed to shift the burden to the employer, where the employer has failed to keep records or has kept inadequate records, instead giving the employer's testimony equal weight to credible evidence produced by the employee. SEC. 3. PAY STUB REQUIREMENTS. (a) Disclosure Requirements.--Section 11 of the Fair Labor Standards Act of 1938 (29 U.S.C. 211) is amended by adding at the end the following: ``(e) Information To Be Disclosed to Certain Employees.-- ``(1) Initial Disclosure.--Each employer shall provide an initial disclosure to each employee who is not subject to the exemptions set forth in section 13 within 15 days of the date such employee is hired or any of the information in subparagraphs (A) through (C) changes with respect to that employee. Such disclosure shall include-- ``(A) the rate or rates of pay and whether the employee is paid by the hour, shift, day, week, or job, or by salary, piece rate, commission, or other form of compensation; ``(B) the name of the employer and any other name used by the employer to conduct business; and ``(C) the physical address and telephone number of the employer's main office or principal place of business, and a mailing address if such mailing address is different from the address of the main office or principal place of business. ``(2) Disclosures Required in Each Pay Stub.--Each employer shall disclose to each employee who is not subject to the exemptions set forth in section 13 in a pay stub provided each pay period-- ``(A) the pay period covered; ``(B) the name of the employee and the last four digits of the employee's Social Security number; ``(C) the total hours worked by the employee, including the number of hours worked per workweek in the pay period; ``(D)(i) in the case of an employee who is paid an hourly wage, the total gross and net wages paid, and the rate of pay for each hour worked; ``(ii) in the case of an employee who is paid a salary in lieu of an hourly wage, the amount of salary paid during the pay period; ``(iii) in the case of an employee employed at piece rate, the number of piece-rate units earned, the applicable piece rate, and total amount paid in accordance with such piece rate; and ``(iv) in the case of an employee who receives commission or is paid on the basis of any other type of rate, the total amount paid in commission or in accordance with such rate and any additional information relating to such pay as determined by the Secretary; ``(E) the number of overtime hours worked during each workweek of the pay period and the hourly rate of pay for each such overtime hour, or, in the case of an employee employed at piece rate, the piece rate paid for each such overtime hour; ``(F) any additional compensation paid or benefits provided, including an explanation of each type of compensation or benefit; and ``(G) any deductions, with an explanation of each deduction, and any allowances or reimbursements, with an explanation of each allowance or reimbursement. ``(3) Requirements Related to Disclosure of Compensation, Benefits, Allowances, and Reimbursements.--In disclosing the information required to be disclosed pursuant to subparagraphs (F) and (G) of paragraph (2)-- ``(A) the compensation and benefits required to be disclosed include-- ``(i) any bonus, paid leave (including paid vacation or personal time, paid sick leave, or any other paid leave), or other compensation; ``(ii) any employer contributions to health care coverage or to a retirement account for the employee and any transit or other benefits provided by the employer; and ``(iii) any additional form of pay that is required under State or local law, or for which records are required to be kept pursuant to State or local law, such as reporting time pay, split shift pay, paid sick leave, or paid family or medical leave. ``(B) the allowances and reimbursements required to be disclosed include any amounts paid to or reimbursed to an employee for meals, clothing, lodging, or any other item for which the employer makes an allowance or provides a reimbursement; and ``(C) the explanation for any additional compensation, benefits, allowances, or reimbursements shall be itemized and may not be described as `miscellaneous'. ``(4) Form of Disclosure Required.--The pay stub required by paragraph (2) shall be provided to an employee each pay period and may be provided-- ``(A) as a separate document, accompanying an employee's pay; ``(B) as a detachable part of a paycheck for employees receiving a paycheck; or ``(C) electronically, at the election of the employee, if the employee receives his or her pay through electronic deposit.''. (b) Recordkeeping Requirements.--Section 11 of such Act is further amended by adding at the end of subsection (c) the following: ``An employer shall keep records of the information disclosed in an employee's pay stub, as required by subsection (e), for a period of three years from the date of issuance of each pay stub.''. (c) Investigations and Inspections.--Section 11 of such Act is further amended by adding at the end of subsection (a) the following: ``In the event that an employee requests an inspection of such employee's records described in subsection (c), the employer shall provide copies of such records for a period of up to three years prior to such request. An employer shall comply with an employee's requests to inspect records within 21 days of such request.''. (d) Notice and Posting Requirement.--Section 11 of such Act is further amended by inserting after subsection (e) (as added by subsection (a)) the following: ``(f)(1) Every employer subject to any provision of this Act or of any order issued under this Act shall provide a notice to each employee within 15 days of the date of hire that includes-- ``(A) a description of the employee's right to receive a pay stub and the information which the pay stub must contain; ``(B) the address and telephone number for the applicable local office of the Department of Labor; and ``(C) such additional information as the Secretary shall require by regulation. ``(2) In the case of employees employed by an employer on the date of enactment of this Act, the employer shall provide the notice described in paragraph (1) within 15 days of the effective date of the Pay Stub Disclosure Act.''. (e) Conforming Amendment.--The section heading of section 11 of such Act is amended by inserting ``pay stub disclosures,'' after ``records,''. SEC. 4. ENFORCEMENT. (a) In General.--Section 16 of the Fair Labor Standards Act of 1938 is further amended-- (1) in subsection (b)-- (A) by inserting after the second sentence the following: ``An employer who violates subsections (e) or (f) of section 11 shall be liable to the affected employee for $50 for the initial pay period in which such a violation occurs and $100 per employee for each violation in a subsequent pay period, not to exceed an aggregate of $4,000 per employee.''; and (B) by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences''; (2) in subsection (e)-- (A) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (B) by inserting after paragraph (2) the following: ``(3) An employer who fails to make, keep, and preserve records as required by section 11(c), or fails to permit a current or former employee to inspect or copy records as required by section 11(a), shall be subject to a civil penalty of $750 per violation.''; and (3) by adding at the end the following: ``(f) The Secretary shall have the authority, in accordance with inflation, to periodically increase the amounts provided for in this section as penalties or recoverable in an action described in subsection (b).''. (b) Evidentiary Standards.--Section 15 of such Act (29 U.S.C. 215) is amended by adding at the end the following: ``(c) In the event that an employer fails to keep sufficient records as required by section 11(c) and any related regulations, the employee's production of credible evidence and testimony regarding the amount and extent of the work for which the employee was improperly compensated shall be sufficient to create a rebuttable presumption that the employee's records are accurate, consistent with the Supreme Court's decision in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680 (1946)).''. SEC. 5. DEFINITIONS. Section 3 of the Fair Labor Standards Act of 1938 29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Pay stub' means a paper that itemizes in writing all wages and deductions paid to an employee each pay period.''. SEC. 6. REGULATIONS AND TECHNICAL ASSISTANCE. (a) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall prescribe such regulations as are necessary to carry out this Act, including a list of State and local laws-- (1) with requirements that are substantially similar to the requirements of this Act; and (2) compliance with which the Secretary may determine satisfies the requirements of this Act. (b) Guidance and Technical Assistance.--In order to achieve the objectives of this Act, the Secretary of Labor-- (1) acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall issue guidance on compliance with this Act regarding providing the disclosures required pursuant to this Act; and (2) shall provide technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this Act. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date that is 6 months after final regulations are issued by the Secretary of Labor and not later than 18 months after the date of enactment of this Act.", "summary": "Pay Stub Disclosure Act This bill amends the Fair Labor Standards Act of 1938 to require each employer to provide an initial disclosure to each employee who is not subject to certain exemptions from minimum wage and maximum hour requirements within 15 days after: (1) the employee is hired, or (2) specified information in the initial disclosure changes. The information specified in that initial disclosure shall include: the pay rate and form of compensation; the name of the employer and any other name used by the employer to conduct business; and the physical address and telephone number of the employer's main office or principal place of business, and a mailing address if different from the first one. The bill specifies additional disclosures that must be in each pay stub, including the pay period covered, the employee's name and truncated Social Security number, the total hours worked by the employee, benefits, allowances, and reimbursements. The bill also prescribes the form of the pay stub as well as employer notice requirements. An employer shall keep records of the information disclosed in an employee's pay stub for three years from each stub's issuance. In the event that an employee requests an inspection of his or her records, the employer shall provide copies of them for up to three years before the request. The bill prescribes civil penalties for employer failure to comply with this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sound Science Saves Species Act of 2002''. SEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF 1973. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 3. IMPROVING THE SCIENCE USED IN IMPLEMENTING ENDANGERED SPECIES ACT OF 1973. (a) Contents of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following: ``(E) A petition referred to in subparagraph (A) shall contain each of the following: ``(i) Clear and convincing evidence of each of the following: ``(I) The known and historic ranges of the species. ``(II) The most recent population estimates and trends. ``(III) The reason that the petitioned action is warranted, including known or perceived threats to the species. ``(IV) The population of the species is declining or has declined from historic population levels and beyond normal population fluctuations for the species. ``(V) Any other information that the petitioner considers appropriate. ``(ii) A bibliography of scientific literature on the species in support of the petition. ``(iii) A description of all available data on the historical and current range, population, and distribution of the species, an explanation of the methodology used to collect the data, and an identification of the location where the data can be reviewed.''. (b) Notice of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended by striking ``(3)(A)'' and inserting the following: ``(3)(A)(i) Within 30 days after receiving a petition from an interested person under section 553(e) of title 5, United States Code, to add a species to, or to remove a species from, either list published under subsection (c), the Secretary shall-- ``(I) publish in the Federal Register a notice indicating receipt of such petition and inviting interested persons to submit any relevant scientific information regarding the status of the species concerned; ``(II) promptly publish the petition on the Internet website of the United States Fish and Wildlife Service; ``(III) provide notice of such receipt to each private owner of land or water on or in which the species may exist by publication of such notice in an appropriate newspaper of general circulation, except that such notice shall be provided directly to each such owner if the number of such owners is 100 or less; and ``(IV) notify the Governor of each State that could be affected by the petition. ``(ii)''. (c) Independent Review of Petitions and Findings Regarding Petitions.--Section 4(b) (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9)(A)(i) After the Secretary makes a finding under paragraph (3)(A) the Secretary shall appoint and convene an independent review board to conduct an independent scientific review of the data included in the petition. ``(ii) Within 60 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions in the petition relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the petition. ``(II) Whether the methodology and analysis supporting the petition meet the standards of the academic and scientific community. ``(III) Whether the petition is supported by clear and convincing evidence/provides clear and convincing evidence that the petitioned action may be warranted? see section 4(b)(3)(B) of ESA. ``(IV) Whether the review board concurs in the finding of the Secretary under paragraph (3)(A). ``(B)(i) If, within 30 days after the Secretary publishes a finding under paragraph (3)(B)(ii) or (iii), any person submits to the Secretary in writing a request for an independent scientific review of the data upon which such finding is based, the Secretary shall appoint and convene an independent review board to conduct such review. ``(ii) Within 90 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions that are the basis for the finding relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the finding. ``(II) Whether the methodology and analysis supporting the finding meet the standards of the academic and scientific community. ``(III) Whether the finding is supported by clear and convincing evidence. ``(IV) Whether the review board concurs in the finding of the Secretary under paragraph (3)(B)(ii) or (iii), as applicable. ``(C) The Secretary shall-- ``(i) publish in the Federal Register each finding by an independent review board under subparagraph (A) or (B); ``(ii) post each such finding on the Internet website of the United States Fish and Wildlife Service; and ``(iii) otherwise make each such finding available to the public. ``(D) If an independent review board finds under subparagraph (A) or (B) that it does not concur in the finding of the Secretary, the Secretary shall-- ``(i) revoke the finding of the Secretary; or ``(ii) publish in the Federal Register an explanation of why the finding of the review board is incorrect, with clear and convincing evidence supporting such explanation. ``(E) The Secretary shall-- ``(i) maintain a list of individuals who are available to participate on independent review boards under this paragraph; ``(ii) seek nominations of individuals to participate on such boards (upon appointment by the Secretary), through the Federal Register, scientific and commercial journals, and the National Academy of Sciences and other such institutions; and ``(iii) update such list every two years. ``(F)(i) An independent review board under subparagraph (A) shall be composed of 3 members, of which-- ``(I) 2 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 1 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(ii) An independent review board under subparagraph (B) shall be composed of 5 members, of which-- ``(I) 3 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 2 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(iii) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(iv) The selection of the members, and activities, of independent review boards under this paragraph is not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(v) The identities of the members of independent review boards under this paragraph shall not be made public. ``(vi) The Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate equal to not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-12 of the General Schedule for each day (including travel time) during which the individual is engaged in the actual performance of duties as a member of such board. ``(vii) In this subparagraph, the term `qualified individual' means an individual with expertise in the biological sciences-- ``(I) who is by virtue of advanced education, training, or avocational, academic, commercial, research, or other experience competent to review the adequacy of any scientific methodology supporting a finding by the Secretary and the validity of any conclusions drawn from data used to support the finding; ``(II) who is not a participant in any petition or proposed or final determination before the Secretary; ``(III) who is not, and has not been, employed by or under contract to the Secretary or the State in which is located the species that is the subject of an independent scientific review in which the individual participates, for work related to the finding or species under consideration in such review; and ``(V) who has no direct financial interest, and is not employed by any person with a direct financial interest, in the finding under consideration in such review. ``(G) The Secretary shall publish, with any final regulation implementing an action with respect to which an independent scientific review board is required under this paragraph to be convened, a summary of the report of the independent review board, noting points of disagreement between the reviewers, if any, and the response of the Secretary to the report. ``(H) The report of each independent scientific review board required under this paragraph shall be included in the official record of any regulation with respect to which the board is convened and shall be available for public review 30 days before the close of the period for comment on the regulation.''. (d) Independent Review of Jeopardy Opinions.--Section 7(b) (16 U.S.C. 1536(b)) is amended by adding at the end the following: ``(5)(A)(i) Within 30 days after the date on which the Secretary issues a statement under paragraph (3) that a proposed action is likely to jeopardize the continued existence of a species included in a list under section 4(c), any person may submit to the Secretary a written request for an independent scientific review of the scientific information used in making such statement and any reasonable and prudent measures the Secretary proposes in the statement. ``(ii) Promptly after receiving such a request, the Secretary shall appoint and convene an independent review board to conduct such an independent scientific review. ``(B) Within 90 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions in such statement relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the statement. ``(II) Whether the methodology and analysis supporting the statement meet the standards of the academic and scientific community. ``(III) Whether the statement is supported by clear and convincing evidence. ``(IV) Whether the review board concurs in the statement. ``(C) The Secretary shall-- ``(i) publish in the Federal Register each finding by an independent review board under subparagraph (A) or (B); ``(ii) post each such finding on the Internet website of the United States Fish and Wildlife Service; and ``(iii) otherwise make each such finding available to the public. ``(D) If an independent review board finds under subparagraph (B) that it does not concur in the statement of the Secretary, the Secretary shall-- ``(i) revoke the statement; or ``(ii) publish in the Federal Register an explanation of why the finding of the review board is incorrect, with clear and convincing evidence supporting such explanation. ``(E) The Secretary shall-- ``(i) maintain a list of individuals who are available to participate on independent review boards under this paragraph; ``(ii) seek nominations of individuals to participate on such boards (upon appointment by the Secretary), through the Federal Register, scientific and commercial journals, and the National Academy of Sciences and other such institutions; and ``(iii) update such list every two years. ``(F)(i) An independent review board under subparagraph (A) shall be composed of 5 members, of which-- ``(I) 3 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 2 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(ii) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(iii) The selection of the members, and activities, of independent review boards under this paragraph is not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(iv) The identities of the members of independent review boards under this paragraph shall not be made public. ``(v) The Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate equal to not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-12 of the General Schedule level for each day (including travel time) during which the individual is engaged in the actual performance of duties as a member of such board. ``(vi) In this subparagraph, the term `qualified individual' means an individual with expertise in the biological sciences-- ``(I) who is by virtue of advanced education, training, or avocational, academic, commercial, research, or other experience competent to review the adequacy of any scientific methodology supporting a statement by the Secretary and the validity of any conclusions drawn from data used to support the statement; ``(II) who is not a participant in any petition or proposed or final determination before the Secretary; ``(III) who is not, and has not been, employed by or under contract to the Secretary or the State in which is located the species that is the subject of an independent scientific review in which the individual participates, for work related to a statement or species under consideration in such review; and ``(V) who has no direct financial interest, and is not employed by any person with a direct financial interest, in any statement under consideration in such review.''. ``(G) The Secretary shall publish, with any final regulation implementing an action with respect to which an independent scientific review board is required under this paragraph to be convened, a summary of the report of the independent review board, noting points of disagreement between the reviewers, if any, and the response of the Secretary to the report. ``(H) The report of each independent scientific review board required under this paragraph shall be included in the official record of any regulation with respect to which the board is convened and shall be available for public review 30 days before the close of the period for comment on the regulation.''. (e) Limitation on Re-Petition.--Secretary 4(b)(3) (16 U.S.C. 1533(b)(3)) is further amended by adding at the end the following: ``(G) If the Secretary determines pursuant to a petition that addition of a species to either of the lists under subsection (c) is not warranted, another petition regarding that species may not be considered by the Secretary for one year.''.", "summary": "Sound Science Saves Species Act of 2002 - Amends the Endangered Species Act of 1973 to require a petition to add or remove a species from either the endangered or threatened species list to contain: (1) evidence of the species' known and historic ranges, the most recent population estimates and trends, and the reason that the petitioned action is warranted, including known or perceived threats; (2) a bibliography of scientific literature on the species; and (3) a description of all available data on the species' historical and current range, population, and distribution, an explanation of the methodology used to collect such data, and an identification of the location where it can be reviewed.Requires the Secretary to make specified notifications after receiving such a petition.Sets forth requirements for the independent scientific review of petitions and findings regarding petitions and jeopardy opinions.Limits re-petitions for adding to such lists."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Fraud Prosecution Act of 1993''. SEC. 2. INCREASED PENALTIES FOR HEALTH CARE FRAUD. (a) Offense.--Part I of title 18, United States Code, is amended by inserting after chapter 50A the following: ``CHAPTER 50B--HEALTH CARE FRAUD ``Sec. ``1101. Health care fraud. ``1102. Illegal remunerations. ``1103. Civil Action. ``1104. Definitions. ``Sec. 1101. Health care fraud ``(a) In General.--Whoever, in or affecting interstate commerce, knowingly-- ``(1) executes, or attempts to execute, a scheme or artifice to defraud to obtain a health care payment; or ``(2) presents to any person any statement as part of, or in support of, a claim for a health care payment, knowing that such statement contains any false or misleading information concerning any fact or thing material to such claim; shall be fined under this title or imprisoned not more than 10 years, or both. ``(b) Aggravated Offenses.--In an offense under subsection (a) of this section-- ``(1) if the offender knowingly or recklessly causes serious bodily injury to an individual or knowingly or recklessly endangers the life of a person, the offender shall be fined under this title or imprisoned not more than 15 years, or both; and ``(2) if the offender knowingly or recklessly causes the death of an individual, the offender shall be fined under this title or imprisoned not more than 25 years, or both. ``Sec. 1102. Illegal remunerations ``Whoever, in or affecting interstate commerce, knowingly solicits, receives, offers, or provides anything of value-- ``(1) for the referral of an individual to a person for the furnishing of any item or service for which a health care payment may be paid by a third party payer; ``(2) for recommending, or arranging for, the furnishing of any item or service for which a health care payment may be paid by a third party payer; or ``(3) which in effect reduces the cost of an item or service for which a health care payment may be paid by a third party payer, and then seeks that health care payment from the third party payer; without informing the third party payer fully about having done so and reflecting the amount of the thing of value in the claim for the health care payment, shall be fined under this title or imprisoned not more than 5 years, or both. ``Sec. 1103. Civil action ``Any person injured in business or property by a violation of this chapter may in a civil action recover treble damages. The court may award the prevailing party a reasonable attorney's fee as a part of the costs. ``Sec. 1104. Definitions ``As used in this chapter-- ``(1) the term `health care payment' means a payment for health care services or health care products, or the right to have a payment made by a third party payer for specified health care services or products; and ``(2) the term `third party payer' means any person, public or private, who undertakes to indemnify another against loss arising from a contingent or unknown event.''. (b) Clerical Amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 50A the following new item: ``50B. Health care fraud.................................... 1101.''. SEC. 3. INJUNCTIONS FOR HEALTH CARE FRAUD. Section 1345(a) of title 18, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``or 1001'' and inserting ``1001, 1101, or 1102''; and (2) in paragraph (a)(2), by inserting ``a violation of section 1101 or 1102 of this title or'' after ``as a result of''. SEC. 4. CRIMINAL FORFEITURE OF FRAUD PROCEEDS. Section 982(a)(2)(B) of title 18, United States Code, is amended-- (1) by inserting ``1101, 1102,'' after ``844,''; and (2) by striking ``or 1030'' and inserting ``1030, or 1347''. SEC. 5. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION. Section 3059 of title 18, United States Code, is amended by adding at the end the following: ``(c)(1) The Attorney General may pay a reward of-- ``(A) an amount determined under paragraph (2) of this subsection, in the case of an offense in which the United States is a victim and restitution or a civil recovery is obtained by the United States; or ``(B) not more than $100,000, in any other case; to any person who furnishes information or services that lead to a conviction under section 1101 or 1102 of this title. ``(2) The amount referred to in paragraph (1)(A) of this subsection is an amount equal to-- ``(A) not more than 30 percent of the first $1,000,000 of the recovery; ``(B) not more than 20 percent of the next $4,000,000; and ``(C) not more than 5 percent of the remaining portion of the recovery. ``(3) An officer or employee of the United States or of a State or local government who furnishes information or renders services in the performance of official duty is ineligible for a payment under this subsection with respect to such information or services.''. SEC. 6. HEALTH CARE FRAUD TASK FORCES. (a) In General.--The Attorney General, in consultation with the Secretary of Health and Human Services, shall establish regional health care fraud task forces (hereinafter in this section referred to as ``task forces''). (b) Purpose.--The purpose of the task forces is to ensure that adequate resources are made available to identify, investigate, and prosecute health care fraud and to recover the proceeds of such fraud and other criminal activity against health insurers. (c) Duties.--Each such task force shall coordinate the investigative and prosecutorial efforts within their region, as determined by the Attorney General. (d) Participants.--The Federal agencies that shall participate in the task forces are-- (1) the Department of Justice (including the Federal Bureau of Investigation); (2) the Department of Health and Human Services (including the Food and Drug Administration and the Office of the Inspector General); (3) the Internal Revenue Service; (4) the United States Postal Inspection Service; and (5) the Veteran's Administration. (e) Locations.--The task forces shall be established in such cities as the Attorney General deems appropriate. (f) Objectives.--The objective of each task force shall be-- (1) to target, investigate and prosecute individuals who organize, direct, finance, or are otherwise engaged in health care fraud; (2) to promote a coordinated health care fraud enforcement effort in each task force region, and to encourage maximum cooperation among all Federal agencies; (3) to work fully and effectively with State and local law enforcement agencies; and (4) to make full use of financial investigative techniques, on behalf of both public and private entities, to maximize recovery of proceeds of unlawful activities from persons who have committed health care fraud crimes or have engaged in other criminal activity in or against the health insurance industry. (g) Standards for Task Force Cases.--Each task force should focus upon significant investigations of major health care fraud cases, or organizations engaging in health care fraud, that warrant the involvement of more than one investigative agency or that require significant resources during the investigative stage. (h) Administration.--The administrative functions of the national task force program will be performed by an executive office to be established within the Department of Justice in Washington, D.C. It shall be supervised by a Director, and the staff shall consist of professional and support staff deemed necessary for the performance of management and administrative functions. (i) Oversight.--An Executive Review Board shall oversee the task force program. It shall be composed of ranking officials from each of the participating Federal agencies and the Advisory Committee of the United States Attorneys. Its role shall be to articulate policy, review allocation of resources and coordinate the development and maintenance of the task force program. The Board shall also be responsible for resolving policy disputes that cannot be resolved within or among the regional task forces or the participating agencies. The Board shall meet no less frequently than quarterly. (j) Guidelines.--The Attorney General shall, in consultation with the Executive Review Board, establish guidelines for the operation and management of the task force program. SEC. 7. NATIONAL HEALTH CARE FRAUD AND ABUSE DATA BASE. (a) In General.--The Attorney General, in consultation with the Secretary of Health and Human Services, shall establish a data base for the reporting of final adverse actions against health care providers, suppliers, or practitioners, in order to provide a central repository of such information to assist in the prevention, detection, and prosecution of health care fraud and abuse. (b) Reporting of Information.-- (1) In general.--Each government agency and health care plan shall report any final adverse action taken against a health care provider, supplier, or practitioner. (2) Information to be reported.--The information to be reported under paragraph (1) includes the following: (A) The name of any health care provider, supplier, or practitioner who is the subject of a final adverse action. (B) The name (if known) of any health care entity with which a health care provider, supplier, or practitioner is affiliated or associated. (C) The nature of the final adverse action. (D) A description of the acts or omissions and injuries upon which the final adverse action was based, and such other information as required by the Attorney General. (3) Confidentiality.--The Attorney General shall establish procedures to assure that the privacy of individuals receiving health care services is appropriately protected. (4) Form and manner of reporting.--The information required to be reported under this subsection shall be reported on a monthly basis and in such form and manner as determined by the Attorney General. Such information shall first be required to be reported on a date specified by the Attorney General. (5) To whom reported.--The information required to be reported under this subsection shall be reported to the Attorney General or such person or persons designated by the Attorney General. (c) Correction of Erroneous Information.-- (1) Disclosure and correction.--The Attorney General shall provide for a procedure through which a person, to whom information within the data base established under this section pertains, may review that information and obtain the correction of errors pertaining to that person. (2) Other corrections.--Each Government agency and health care plan shall report corrections of information already reported about any final adverse action taken against a health care provider, supplier, or practitioner, in such form and manner as required by the Attorney General. (d) Access to Reported Information.-- (1) Availability.--The information in this data base shall be available to the public, Federal and State government agencies, and health care plans pursuant to procedures established by the Attorney General. (2) Fees.--The Attorney General may establish reasonable fees for the disclosure of information in this data base. (e) Protection From Liability for Reporting.--No person or entity shall be held liable in any civil action with respect to any report made as required by this section, without knowledge of the falsity of the information contained in the report. (f) Definitions and Special Rules.--For purposes of this section: (1) The term ``final adverse action'' includes the following: (A) Civil judgments in Federal or State court related to the delivery of a health care item or service. (B) Federal or State criminal convictions related to the delivery of a health care item or service. (C) Actions by State or Federal agencies responsible for the licensing and certification of health care providers, suppliers, and licensed health care practitioners, including-- (i) formal or official actions, such as revocation or suspension of a license (and the length of any such suspension), reprimand, censure or probation, (ii) any other loss of license of the provider, supplier, or practitioner, whether by operation of law, voluntary surrender or otherwise, or (iii) any other negative action or finding by such State or Federal agency that is publicly available information. (D) Exclusion from participation in Federal or State health care programs. (E) Any other actions as required by the Attorney General. (2) The terms ``licensed health care practitioner'', ``licensed practitioner'', and ``practitioner'' mean, with respect to a State, an individual who is licensed or otherwise authorized by the State to provide health care services (or any individual who, without authority holds himself or herself out to be so licensed or authorized). (3) The term ``health care provider'' means a provider of services as defined in section 1861(u) of the Social Security Act, and any entity, including a health maintenance organization, group medical practice, or any other entity listed by the Secretary in regulation, that provides health care services. (4) The term ``supplier'' means a supplier of health care items and services described in sections 1819 (a) and (b), and section 1861 of the Social Security Act. (5) The term ``Government agency'' includes-- (A) The Department of Justice. (B) The Department of Health and Human Services. (C) Any other Federal agency that either administers or provides payment for the delivery of health care services, including, but not limited to the Department of Defense and the Veterans' Administration. (D) State law enforcement agencies. (E) State Medicaid fraud and abuse units. (F) State or Federal agencies responsible for the licensing and certification of health care providers and licensed health care practitioners. (6) The term ``health care plan'' has the meaning given to such term by section 1128(i) of the Social Security Act. (7) For purposes of paragraph (2), the existence of a conviction shall be determined under paragraph (4) of section 1128(j) of the Social Security Act. SEC. 8. NATIONAL HEALTH CARE FRAUD AND ABUSE HOTLINE. The Attorney General shall-- (1) establish a national, toll-free health care fraud and abuse hotline to enable all persons, including health care consumers, providers, and insurers, to report (anonymously, if so desired) suspected instances of health care fraud or abuse; (2) provide for the appropriate referral of all information that is obtained through the hot line; and (3) assure that the public is provided adequate publicity about the existence and capabilities of the hotline. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 1994 for the purposes of carrying out this Act and the amendments made by this Act-- (1) $23,000,000 for the Federal Bureau of Investigation to hire, equip, and train no fewer than 225 special agents and support staff to investigate health-care fraud cases; (2) $5,000,000 to hire, equip, and train no fewer than 50 assistant United States Attorneys and support staff to prosecute health-care fraud cases; (3) $6,000,000 to hire, equip, and train no fewer than 50 investigators in the Office of Inspector General, Department of Health and Human Services, to be devoted exclusively to health- care fraud cases; (4) $2,000,000 to establish, operate, and administer health care fraud task forces; (5) $2,000,000 to establish, operate, publicize, and administer the national health care fraud and abuse data base; and (6) $2,000,000 to establish, operate, publicize, and administer the national health care fraud and abuse hotline. SEC. 10. SCHEMES AND DEVICES RELATING TO EXPRESS AND OTHER COMMERCIAL CARRIER SERVICES. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1347. Express company fraud ``Whoever engages in any conduct with respect to a private or commercial interstate carrier which, were that conduct engaged in with respect to the Postal Service, would be a violation of section 1341 or 1342 of this title, shall be punished as is provided under such section for such violation.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of title 18, United States Code, is amended by adding at the end the following new item: ``1347. Express company fraud.''. SEC. 11. LAUNDERING OF MONETARY INSTRUMENTS.- Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (1) by inserting ``section 1101 or 1002 (relating to health care fraud),'' after ``875 (relating to interstate communications),''; and (2) by inserting ``section 1347 (relating to express company fraud),'' after ``1203 (relating to hostage taking),''. HR 3093 IH----2", "summary": "Health Care Fraud Prosecution Act of 1993 - Amends the Federal criminal code to set penalties for: (1) knowingly executing a scheme or artifice to defraud to obtain a health care payment; or (2) presenting a statement as part of, or in support of, a claim for health care payment, knowing that such statement contains false or misleading information concerning any material fact. Limits such penalties to a fine and ten years' imprisonment, unless the offender knowingly or recklessly caused: (1) serious bodily injury to, or endangered the life of, an individual (up to 15 years' imprisonment); or (2) caused the death of an individual (up to 25 years' imprisonment). Sets forth provisions regarding illegal remunerations. Permits: (1) persons injured by violations of such provisions to recover treble damages in a civil action; and (2) the court to award the prevailing party a reasonable attorney fee. Makes provisions regarding injunctions against fraud and criminal forfeiture of fraud proceeds applicable to health care fraud. Authorizes the Attorney General to pay specified rewards for information leading to the prosecution and conviction of persons engaging in health care fraud, with exceptions. Directs the Attorney General to establish: (1) regional health care fraud task forces and a data base for the reporting of final adverse actions against health care providers, suppliers, or practitioners; and (2) a national, toll-free health care fraud and abuse hotline. Authorizes appropriations: (1) for the Federal Bureau of Investigation, U.S. Attorneys, and the Office of Inspector General of the Department of Health and Human Services to hire, equip, and train personnel in connection with the investigation and prosecution of health care fraud cases; and (2) to establish, operate, and administer health care task forces and the national health care fraud and abuse data base and hotline, and to publicize the data base and hotline. Amends the Federal criminal code to make: (1) activity which, if engaged in by the U.S. Postal Service, would be a violation of mail fraud provisions, punishable to the same extent with respect to private or commercial interstate carriers (express company fraud); and (2) health care fraud and express company fraud predicates to violations of prohibitions against the laundering of monetary instruments."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Bipartisan Commission on the Future of Medicare Act of 1997''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the National Bipartisan Commission on the Future of Medicare (referred to in this Act as the ``Commission''). SEC. 3. FINDINGS. The Congress finds that-- (1) the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) provides essential health care coverage to this Nation's senior citizens and to individuals with disabilities; (2) the Federal Hospital Insurance Trust Fund established under that Act has been spending more than it receives since 1995, and will be bankrupt in the year 2001; (3) the Federal Hospital Insurance Trust Fund faces even greater solvency problems in the long run with the aging of the baby boom generation and the continuing decline in the number of workers paying into the medicare program for each medicare beneficiary; (4) the trustees of the trust funds of the medicare program have reported that growth in spending within the Federal Supplementary Medical Insurance Trust Fund established under that Act is unsustainable; and (5) expeditious action is needed in order to restore the financial integrity of the medicare program and to maintain this Nation's commitment to senior citizens and to individuals with disabilities. SEC. 4. DUTIES OF THE COMMISSION. The Commission shall-- (1) review and analyze the long-term financial condition of the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); (2) identify problems that threaten the financial integrity of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund established under that title (42 U.S.C. 1395i, 1395t); (3) analyze potential solutions to the problems identified under paragraph (2) that will ensure both the financial integrity of the medicare program and the provision of appropriate benefits under such program; (4) make recommendations to restore the solvency of the Federal Hospital Insurance Trust Fund and the financial integrity of the Federal Supplementary Medical Insurance Trust Fund through the year 2030, when the last of the baby boomers reaches age 65; (5) make recommendations for establishing the appropriate financial structure of the medicare program as a whole; (6) make recommendations for establishing the appropriate balance of benefits covered and beneficiary contributions to the medicare program; (7) make recommendations for the time periods during which the recommendations described in paragraphs (4), (5), and (6) should be implemented; and (8) review and analyze such other matters as the Commission deems appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members, of whom-- (1) three shall be appointed by the President; (2) six shall be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, of whom not more than 4 shall be of the same political party; and (3) six shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, of whom not more than 4 shall be of the same political party. (b) Comptroller General.--The Comptroller General of the United States shall advise the Commission on the methodology to be used in identifying problems and analyzing potential solutions in accordance with the duties of the Commission described in section 4. (c) Terms of Appointment.--The members shall serve on the Commission for the life of the Commission. (d) Meetings.--The Commission shall locate its headquarters in the District of Columbia, and shall meet at the call of the Chairperson. (e) Quorum.--Ten members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Chairperson.--The Speaker of the House of Representatives, in consultation with the Majority Leader of the Senate, shall designate 1 of the members appointed under subsection (a) as Chairperson of the Commission. (g) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made not later than 30 days after the Commission is given notice of the vacancy. (h) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (i) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 6. STAFF AND SUPPORT SERVICES. (a) Executive Director.-- (1) Appointment.--The Chairperson shall appoint an executive director of the Commission. (2) Compensation.--The executive director shall be paid the rate of basic pay for level V of the Executive Schedule. (b) Staff.--With the approval of the Commission, the executive director may appoint such personnel as the executive director considers appropriate. (c) Applicability of Civil Service Laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (d) Experts and Consultants.--With the approval of the Commission, the executive director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal agency may detail any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. (f) Other Resources.--The Commission shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress and agencies and elected representatives of the executive and legislative branches of the Federal Government. The Chairperson of the Commission shall make requests for such access in writing when necessary. (g) Physical Facilities.--The Administrator of the General Services Administration shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. SEC. 7. POWERS OF COMMISSION. (a) Hearings.--The Commission may conduct public hearings or forums at the discretion of the Commission, at any time and place the Commission is able to secure facilities and witnesses, for the purpose of carrying out the duties of the Commission. (b) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 8. REPORT. Not later than 1 year after the date of the enactment of this Act, the Commission shall submit a report to the President and Congress which shall contain a detailed statement of the recommendations, findings, and conclusions of the Commission. SEC. 9. TERMINATION. The Commission shall terminate on the date which is 30 days after the date the Commission submits its report to the President and to Congress under section 8. SEC. 10. FUNDING. There is authorized to be appropriated to the Commission such sums as are necessary to carry out the purposes of this Act. Sums appropriated under this section shall be paid equally from the Federal Hospital Insurance Trust Fund and from the Federal Supplementary Medical Insurance Trust Fund under title XVIII of the Social Security Act (42 U.S.C. 1395i, 1395t).", "summary": "National Bipartisan Commission on the Future of Medicare Act of 1997 - Establishes the National Bipartisan Commission on the Future of Medicare to: (1) review and analyze the long-term financial condition of the Medicare program under title XVIII of the Social Security Act; (2) identify problems that threaten the financial integrity of the Medicare trust funds and make appropriate recommendations to restore such integrity through 2030; (3) analyze potential solutions to the problems identified that will ensure both the financial integrity of Medicare and the provision of appropriate benefits; and (4) make recommendations for establishing the appropriate financial structure of the Medicare program and for establishing the appropriate balance of benefits covered and beneficiary contributions to the Medicare program. Requires a report to the President and the Congress. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Labor Relations Reorganization Act of 2011''. SEC. 2. REFERENCES. Whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the National Labor Relations Act (29 U.S.C. 151 et seq.). SEC. 3. ABOLISHMENT OF THE NATIONAL LABOR RELATIONS BOARD. (a) Abolishment of Board.--Effective on the date provided in subsection (c), the National Labor Relations Board is abolished. (b) Repeal of Authority.--Sections 3, 4, and 5 of the Act are repealed. (c) Effective Date.--This section shall take effect on the date that is 30 days after the date of enactment of this Act. SEC. 4. TRANSFER OF AUTHORITY FOR REPRESENTATIVE ELECTIONS TO OFFICE OF LABOR-MANAGEMENT STANDARDS. (a) Transfer of Authority.--The functions and responsibilities of the National Labor Relations Board for overseeing elections under section 9 of the National Labor Relations Act, and any related authorities and functions under that Act, are hereby transferred to the Secretary of Labor, to be carried out through the Office of Labor- Management Standards. (b) Amendments to the NLRA.-- (1) Definition.--Paragraph (10) of section 2 (29 U.S.C. 152) is amended to read as follows: ``(10) The term `Secretary' means the Secretary of Labor, acting through the office of Labor-Management Standards of the Department of Labor.''. (2) Authority for supervising elections.--Section 9 (29 U.S.C. 159) is amended by striking ``Board'' each place it appears and inserting ``Secretary''. (3) Rules and regulations.-- (A) Authority.--Section 6 (29 U.S.C. 156) is amended by striking ``Board'' and inserting ``Secretary''. (B) Preservation of existing regulations.--Rules and regulations issued under the National Labor Relations Act prior to and in effect on the day before the date of enactment of this Act shall continue in effect and shall be considered to be rules and regulations issued by the Secretary of Labor, acting through the office of Labor-Management Standards of the Department of Labor, under section 6 of such Act, as amended by paragraph (1). (4) Conforming amendments.--Section 8 (29 U.S.C. 158) is amended by striking ``Board'' each place it appears and inserting ``Secretary''. SEC. 5. TRANSFER OF ENFORCEMENT AUTHORITY TO THE DEPARTMENT OF JUSTICE. (a) Transfer of Authority.--The functions and responsibilities of the National Labor Relations Board for the prevention of unfair labor practices under section 10 of the National Labor Relations Act, and any related authorities and functions under that Act, are hereby transferred to the Bureau of Labor Relations Enforcement of the Department of Justice, established under subsection (b). (b) Establishment of Enforcement Bureau.-- (1) Establishment and purpose.--There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Labor Relations Enforcement, to carry out the enforcement duties and functions that were, prior to the date of enactment of this Act, carried out by the National Labor Relations Board under section 10 of the National Labor Relations Act. (2) Director.--The Bureau shall be headed by a Director appointed by the Attorney General. The Director shall have had experience in labor-management relations and shall not engage in any other employment than that of serving as Director; nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement. (c) Amendments to the NLRA.-- (1) Definition.--Section 2 (29 U.S.C. 152) is further amended by adding at the end the following: ``(15) The term `Bureau' means the Bureau of Labor Management Enforcement of the Department of Justice.''. (2) Authority for the prevention of unfair labor practices.--Section 10 (29 U.S.C. 160) is amended-- (A) in subsections (a), (d), (f), (g), (h), (j), (k) and (l), by striking ``Board'' each place it appears and inserting ``Bureau''; (B) in subsection (b)-- (i) in the first sentence-- (I) by striking ``Board'' each place it appears and inserting ``Bureau''; and (II) by striking ``or a member thereof''; (ii) in the second sentence-- (I) by striking ``member, agent, or agency'' and inserting ``agent or agency''; and (II) by striking ``Board'' and inserting ``Bureau''; (iii) in the fourth sentence-- (I) by striking ``member, agent, or agency'' and inserting ``agent or agency''; and (II) by striking ``Board'' and inserting ``Bureau''; and (iv) in the last sentence, by striking ``the Act of June 19, 1934'' and all that follows and inserting ``section 2072 of title 29, United States Code.''; (C) in subsection (c)-- (i) by striking ``member, agent, or agency'' and inserting ``agent or agency''; (ii) by striking ``Board'' each place it appears and inserting ``Bureau''; and (iii) by striking the last sentence; and (D) in subsection (e)-- (i) by striking ``Board'' each place it appears and inserting ``Bureau''; and (ii) by striking ``member, agent, or agency'' each place it appears and inserting ``agent or agency''. SEC. 6. APPLICATION OF TITLE 5 PROVISION WITH RESPECT TO EMPLOYEES. Section 3503 of title 5, United States Code, shall apply with respect to employees affected by the transfers of functions under sections 4 and 5. SEC. 7. INVESTIGATORY POWERS UNDER THE NLRA. Section 11 (29 U.S.C. 161) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``Board'' and inserting ``Secretary or the Bureau, as the case may be,''; and (B) by striking ``it'' and inserting ``the Secretary or the Bureau, respectively,''; (2) in paragraph (1)-- (A) in the first sentence, by striking ``The Board, or its'' and inserting ``The Secretary and the Bureau, or their''; (B) in the second sentence, by striking ``Board, or any member thereof'' and inserting ``Secretary or the Bureau, as the case may be''; (C) in the third sentence-- (i) by striking ``Board'' the first place it appears and inserting ``Secretary or the Bureau''; and (ii) by striking ``Board'' the second place it appears and inserting ``Secretary or the Bureau, as the case may be,''; and (D) in the fourth sentence-- (i) by striking ``Any member of the Board'' and inserting ``The Secretary and the Bureau''; and (ii) by striking ``Board'' and inserting ``Secretary or the Bureau''; (3) in paragraph (2)-- (A) by striking ``Board'' each place it appears and inserting ``Secretary or the Bureau''; and (B) by striking ``member, agent, or agency'' both places it appears and inserting ``agent or agency''; (4) in paragraph (4), by striking ``Board, its member, agent, or agency'' both place it appears and inserting ``Secretary or the Bureau, its agent or agency''; and (5) in paragraph (6)-- (A) by striking ``Board, upon its'' both places it appears and inserting ``Secretary or the Bureau''; and (B) by striking ``its''. SEC. 8. ADDITIONAL CONFORMING AMENDMENTS. The Act is further amended-- (1) in section 12, by striking ``Board or any of its'' and inserting ``Secretary or the Bureau or any of their''; (2) in section in section 14(c)-- (A) by striking ``Board, in its discretion'' and inserting ``Secretary or the Bureau, as the case may be, in their discretion''; and (B) by striking ``Board'' the second, third, and fourth places it appears and inserting ``Secretary or the Bureau''; and (3) in section 18, by striking ``National Labor Relations Board'' and inserting ``Secretary''.", "summary": "National Labor Relations Reorganization Act of 2011 - Amends the National Labor Relations Act to abolish the National Labor Relations Board (NLRB). Transfers all functions of the NLRB for overseeing elections of collective bargaining representatives to the Secretary of Labor, to be carried out through the Office of Labor-Management Standards. Establishes within the Department of Justice (DOJ) a Bureau of Labor Relations Enforcement, to which are transferred all functions of the NLRB for the prevention of unfair labor practices."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Guantanamo Bay Detention Facility Safe Closure Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since the United States began its Global War on Terrorism, terrorists have been captured by the United States and their allies and detained in facilities at Guantanamo Bay Detention Facility (GTMO), Cuba. (2) The detainee complex at Guantanamo Bay, Cuba, is the only complex in the world that can safely and humanely hold individuals that pose a high-security risk to the United States. It is a secure location away from population centers, provides maximum security required to prevent escape, provides multiple levels of confinement opportunities based on compliance of the detainee, and provides medical care not available to a majority of the population of the world. (3) GTMO is the single greatest repository of human intelligence in the war on terror. This intelligence has prevented terrorist attacks and saved lives in the past and continues to do so today. (4) New intelligence being collected from detainees at GTMO is being used to fight terrorists in Iraq, Afghanistan, and around the globe. (5) Intelligence information obtained from questioning detainees includes-- (A) the organizational structure of al-Qaida and other terrorist groups; (B) the extent of terrorist presence in Europe, the United States, and the Middle East; (C) al-Qaida's pursuit of weapons of mass destruction; (D) methods of recruitment and locations of recruitment centers; (E) terrorist skill sets, including general and specialized operative training; and (F) how legitimate financial activities are used to hide terrorist operations. (6) The Expeditionary Legal Complex (ELC) located at GTMO is the only one of its kind in the world. It provides a secure location to secure and try detainees charged by the United States Government, full access to sensitive and classified information, full access to defense lawyers and prosecution, and full media access by the press. (7) There are on average two lawyers for every detainee that has been charged or had charges preferred against them at GTMO. (8) There are 127 doctors, nurses, and medical technicians dedicated to caring for and maintaining the health of each detainee--a ratio of 1:2 (one health care professional for every two detainees). (9) GTMO is operated by the Department of Defense and only interrogation techniques approved by the Secretary of Defense have been used. (10) Detainees are being treated humanely. (11) There are no solitary confinement facilities at Guantanamo. (12) Water boarding has never occurred at GTMO. (13) Current treatment and oversight exceed any maximum- security prison in the world. (14) Since 2002, more than 520 detainees have departed Guantanamo for other countries, including Albania, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt, France, Great Britain, Iran, Iraq, Jordan, Kuwait, Libya, Maldives, Mauritania, Morocco, Pakistan, Russia, Saudi Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, the United Kingdom, and Yemen. (15) There are approximately 245 detainees from over 30 countries remaining at GTMO. These detainees include terrorist trainers, terrorist financiers, bomb makers, Osama bin Laden bodyguards, recruiters and facilitators, and would-be suicide bombers. Detainees remaining at GTMO fall into three categories: (A) Detainees who have been cleared for release but the United States has not been able to find a foreign country willing to accept them. (B) Detainees who have been tried, had charges referred to trial, or are awaiting for referral to trial. (C) Detainees who are either of high threat to the United States or are from countries where the United States is unable to get sufficient assurances that the country will mitigate their threat if transferred. (16) The Pentagon claims that 61 of released GTMO detainees have ``returned to the fight''. (17) Said Ali al-Shihri, suspected of involvement in the bombing of the United States Embassy in Yemen on 17 September 2008, was released to Saudi Arabia in 2007, passed through a Saudi rehabilitation program, and has resurfaced as the new deputy leader of al-Qaida in Yemen. (18) In 2007, the Senate passed a resolution, 94-3, stating, ``detainees housed at Guantanamo should not be released into American society, nor should they be transferred stateside into facilities in American communities and neighborhoods.''. (19) On January 20, 2009, President Obama instructed military prosecutors to seek a 120-day suspension of legal proceedings at GTMO or what administration officials called ``a continuance of the proceedings''. (20) On January 22, 2009, President Obama ordered the closing of the GTMO prisons within a year. (21) The United States is still in a global war on terror, engaged in armed conflict with terrorist organizations, and will, in all probability, continue to capture terrorists who will be detained in a facility. (22) If the detention facility at GTMO is closed, some United States domestic or overseas prison will have to house these detainees while they await disposition. SEC. 3. PROHIBITION ON USE OF FUNDS TO TRANSFER INDIVIDUALS DETAINED AT GUANTANAMO BAY, CUBA, TO THE UNITED STATES, OR TO COORDINATE WITH OTHER DEPARTMENTS OR AGENCIES FOR SUCH TRANSFER. None of the funds appropriated or otherwise made available to the Department of Defense may be used-- (1) to transfer any enemy combatant detained by the United States at Naval Station, Guantanamo Bay, Cuba, to the United States; or (2) to coordinate with any other department or agency for the purposes of transferring of any such enemy combatant to the United States. SEC. 4. PROHIBITION ON USE OF CERTAIN CLOSED DEPARTMENT OF DEFENSE FACILITIES TO HOUSE ENEMY COMBATANTS. The Secretary of Defense may not use or authorize the use of any facility that is closed through a base closure process for housing any enemy combatant who, as of the date of the enactment of this Act, is detained by the United States at Naval Station, Guantanamo Bay, Cuba. SEC. 5. PROHIBITION ON CONSTRUCTING, IMPROVING, MODIFYING, OR OTHERWISE ENHANCING ANY FACILITY IN THE UNITED STATES OR ITS TERRITORIES FOR THE PURPOSE OF HOUSING ANY DETAINEE CURRENTLY OR PREVIOUSLY HOUSED AT GUANTANAMO. The Secretary of Defense may not construct, improve, modify, or otherwise enhance any facility in the United States or its territories for the purpose of housing any enemy combatant who, as of the date of the enactment of this Act, is detained by the United States at Naval Station, Guantanamo Bay, Cuba, or who has ever been so detained.", "summary": "Guantanamo Bay Detention Facility Safe Closure Act of 2009 - Prohibits federal funds from being used to: (1) transfer any enemy combatant detained at the Naval Station Guantanamo Bay, Cuba, to the United States; or (2) coordinate with any other department or agency to transfer any such individual to the United States. Prohibits the Secretary of Defense from: (1) using any facility closed through a base closure process for housing any such individual; or (2) constructing, modifying, or improving any facility in the United States or its territories for housing any such individual."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Energy for America Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) rising energy costs and uncertain long term energy supplies threaten to undermine the growth of the United States economy; (2) since 2003, fuel and fertilizer costs have nearly doubled for agricultural producers; (3) there are continuing and increasing risks to the energy security of the United States; (4) having an affordable, reliable, and plentiful energy supply will strengthen the United States economy and improve domestic energy security; (5) the agricultural sector can provide a significant source of clean, sustainable energy for the United States that can reduce the dependence of the United States on imported energy and lower energy costs for all people of the United States; (6) agriculture-based energy-- (A) boosts rural economic development; (B) increases farm-based income; (C) creates manufacturing, construction, and service jobs; (D) expands economic opportunity for all people; and (E) improves environmental quality; (7) it is a goal of this Act to help the agricultural sector to provide at least 25 percent of the energy consumed in the United States by calendar year 2025; (8) expanding agriculture-based renewable energy resources (including wind, solar, and geothermal energy, ethanol, and biodiesel) and improving energy efficiency will help to achieve that goal; (9) section 9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106) established the renewable energy systems and energy efficiency improvements program, which is the first agricultural program to catalyze broad renewable energy and energy efficiency measures for the agricultural and rural business sectors; (10) since establishment, the program has been a strong success, providing during the first 3 years of the program nearly $64,000,000 in grants and loan guarantees for 412 renewable energy and energy efficiency projects in 37 States, which leveraged approximately $699,000,000 in additional investments in farms and rural communities; (11) projects assisted by the grants and loan guarantees will-- (A) produce or save more than 17,000,000,000,000 British thermal units of energy each year in the form of fuel, electricity, thermal energy, and energy efficiency; (B) produce 124,000,000 gallons of ethanol and biodiesel fuel annually; and (C) reduce carbon dioxide emissions by more than 4,000,000 tons annually; and (12) applications for assistance under the program-- (A) in 2003, nearly matched the available funding for the program; (B) in 2004, were nearly twice the available funding for the program; and (C) in 2005 and 2006, were nearly triple the available funding for the program. SEC. 3. RURAL ENERGY FOR AMERICA PROGRAM. Section 9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106) is amended-- (1) by striking the section designation and heading and inserting the following: ``SEC. 9006. RURAL ENERGY FOR AMERICA PROGRAM.''; (2) in subsection (a)-- (A) by inserting ``, and issue rebates,'' after ``grants''; and (B) by inserting ``rural school districts,'' after ``ranchers,''. (3) by striking subsection (f); (4) by redesignating subsection (e) as subsection (h); (5) by inserting after subsection (d) the following: ``(e) Production-Based Incentive in Lieu of Grant.-- ``(1) In general.--In addition to the authority under subsection (a), to encourage the production of electricity from renewable energy systems, the Secretary shall, on the request of an eligible applicant under this section, make production- based payments to the applicant in lieu of a grant. ``(2) Contingency.--Payments under paragraph (1) shall be contingent on documented energy production and sales from the renewable energy system to a third party. ``(3) Limitation.--The total net present value of a production-based incentive may not exceed the lower of-- ``(A) 25 percent of the eligible project costs; and ``(B) any other limits that the Secretary establishes by rule or guidance. ``(f) Feasibility Studies.-- ``(1) In general.--The Secretary may provide assistance to eligible applicants to conduct feasibility studies of projects for which assistance may be provided under this section. ``(2) Limitation.--The Secretary shall use not more than 10 percent of funds made available to carry out this section to provide assistance described in paragraph (1). ``(3) Criteria.--The Secretary shall, by regulation, establish criteria for the receipt of assistance under this subsection. ``(4) Avoidance of duplicative assistance.--An applicant that receives assistance to carry out a feasibility study for a project under this subsection shall not be eligible for assistance to carry out a feasibility study for the project under any other provision of Federal law. ``(5) Matching funds.--A recipient of funds under this subsection shall contribute an amount of non-Federal funds that is at least equal to 75 percent of the amount of Federal funds received. ``(g) Rebate Program.-- ``(1) In general.--The Secretary shall make competitive grants to eligible entities to provide rebates for farmers, ranchers, rural school districts, and rural small businesses to purchase renewable energy systems and make energy efficiency improvements. ``(2) Eligible entities.--To be eligible to receive a grant under paragraph (1), an entity shall be-- ``(A) a State energy or agriculture office; ``(B) a nonprofit State-based energy efficiency or renewable energy organization that uses public funds provided directly or under contract with a State agency; ``(C) any other nonprofit organization with a demonstrated ability to administer a State-wide energy efficiency or renewable energy rebate program; or ``(D) a consortium of entities described in subparagraphs (A) through (C). ``(3) Merit review.-- ``(A) In general.--The Secretary shall establish a merit review process to review applications for grants under paragraph (1) that uses the expertise of the Department of Agriculture, other Federal and State agencies, and non-governmental organizations. ``(B) Requirements.--In reviewing the application of an eligible entity to receive a grant under paragraph (1), the Secretary shall consider-- ``(i) the experience and expertise of the entity in establishing and administering a State-wide clean energy rebate program; ``(ii) the annual projected energy savings or production increases resulting from the proposed program; ``(iii) the environmental benefits resulting from the proposed program; and ``(iv) other appropriate factors, as determined by the Secretary. ``(4) Maintenance of effort.--An entity that receives a grant under paragraph (1) shall provide assurances to the Secretary that funds provided to the entity under this subsection will be used to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended for rebate programs. ``(5) Rebate amount.--The amount of a rebate provided from a grant under this subsection shall not exceed the lower of-- ``(A) $10,000; or ``(B) 50 percent of the cost incurred to purchase a renewable energy system or an energy efficiency improvement.''; and (6) by adding at the end the following: ``(i) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section-- ``(1) $60,000,000 for fiscal year 2008, to remain available until expended, of which not more than $12,000,000 shall be used to carry out subsection (g); ``(2) $90,000,000 for fiscal year 2009, to remain available until expended, of which not more than $18,000,000 shall be used to carry out subsection (g); ``(3) $130,000,000 for fiscal year 2010, to remain available until expended, of which not more than $26,000,000 shall be used to carry out subsection (g); ``(4) $180,000,000 for fiscal year 2011, to remain available until expended, of which not more than $36,000,000 shall be used to carry out subsection (g); and ``(5) $250,000,000 for fiscal year 2012, to remain available until expended, of which not more than $50,000,000 shall be used to carry out subsection (g).''. SEC. 4. SENSE OF THE SENATE ON A DIRECT LOAN PROGRAM IN SECTION 9006. It is the sense of the Senate that-- (1) as authorized by section 9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106), the Secretary of Agriculture should implement a direct loan program to complement the grants provided under that section; and (2) as appropriate, the Secretary should model the direct loan program on the loan program established under section 503 of the Small Business Investment Act of 1958 (15 U.S.C. 697).", "summary": "Rural Energy for America Act of 2006 - Amends the Farm Security and Rural Investment Act of 2002 to rename the renewable energy systems and energy efficiency improvements program as the rural energy for America program (REAP). Makes rural school districts eligible for REAP. Authorizes: (1) production-based incentives in lieu of grants for electricity production from renewable energy systems contingent upon third-party sales; and (2) matching assistance for feasibility studies. Directs the Secretary of Agriculture to make grants to eligible entities to provide rebates for farmers, ranchers, rural school districts, and rural small businesses to purchase renewable energy systems and make energy efficiency improvements. Defines eligible entities as: (1) a state energy or agriculture office; (2) a nonprofit state-based energy efficiency or renewable energy organization that uses public funds provided directly or under contract with a state agency; (3) any other nonprofit organization with a demonstrated ability to administer a statewide energy efficiency or renewable energy rebate program; or (4) a consortium of such entities. Limits rebates to the lower of $10,000 or 50% of the cost to purchase a renewable energy system or an energy efficiency improvement. Extends REAP funding through FY 2012 with set-asides for the rebate program. Expresses the sense of the Senate that the Secretary should implement a direct loan program to complement REAP grants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Federal Statistical System Act of 1996''. SEC. 2. FINDINGS. The Congress, recognizing the importance of statistical information in the development and administration of policies for the private and public sector, finds that-- (1) accurate Federal statistics are required to develop, implement, and evaluate government policies and laws; (2) Federal spending consistent with legislative intent requires accurate and appropriate statistical information; (3) business and individual economic decisions are influenced by Federal statistics and contracts are often based on such statistics; (4) statistical information on the manufacturing and agricultural sectors is more complete than statistical information regarding the service sector which employs more than half the Nation's workforce; (5) experts in the private and public sector have long- standing concerns about the accuracy and adequacy of numerous Federal statistics, including the Consumer Price Index, gross domestic product, trade data, wage data, and the poverty rate; (6) Federal statistical data should be accurate, consistent, and continuous; (7) the Federal statistical infrastructure should be modernized to accommodate the increasingly complex and ever changing American economy; (8) Federal statistical agencies should utilize all practical technologies to disseminate statistics to the public; and (9) the Federal statistical infrastructure should maintain the privacy of individuals. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Commission to Study the Federal Statistical System (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 13 members of whom-- (A) 5 shall be appointed by the President; (B) 4 shall be appointed by the President pro tempore of the Senate, in consultation with the majority leader and minority leader of the Senate; and (C) 4 shall be appointed by the Speaker of the House of Representatives, in consultation with the majority leader and minority leader of the House of Representatives. (2) Political party limitation.--(A) Of the 5 members of the Commission appointed under paragraph (1)(A), no more than 3 members may be members of the same political party. (B) Of the 4 members of the Commission appointed under subparagraphs (B) and (C) of paragraph (1), respectively, no more than 2 members may be members of the same political party. (3) Consultation before appointments.--In making appointments under paragraph (1), the President, the President pro tempore of the Senate, and the Speaker of the House of Representatives shall consult with the National Science Foundation and appropriate professional organizations, such as the American Economic Association and the American Statistical Association. (4) Qualifications.--An individual appointed to serve on the Commission-- (A) shall have expertise in statistical policy and a background in such disciplines as actuarial science, demography, economics, and finance; (B) may not be a Federal officer or employee; and (C) should be an academician, a statistics user in the private sector, or a former government official with experience related to-- (i) the Bureau of Labor Statistics of the Department of Labor; or (ii) the Bureau of Economic Analysis or the Bureau of the Census of the Department of Commerce. (5) Date.--The appointments of the members of the Commission shall be made no later than 150 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairman.--The President shall designate a Chairman of the Commission from among the members. SEC. 4. FUNCTIONS OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a comprehensive study of all matters relating to the Federal statistical infrastructure, including longitudinal surveys conducted by private agencies and partially funded by the Federal Government. (2) Study and recommendations.--The matters studied by and recommendations of the Commission shall include-- (A) an examination of multipurpose statistical agencies that collect and analyze data of broad interest across department and function areas, such as the Bureau of Economic Analysis and the Bureau of the Census of the Commerce Department, and the Bureau of Labor Statistics of the Labor Department; (B) a review and evaluation of the collection of data for purposes of administering such programs as Old-Age, Survivors and Disability Insurance and Unemployment Insurance under the Social Security Act; (C) a review and evaluation of the mission and organization of various statistical agencies, including-- (i) recommendations with respect to statistical activities that should be expanded or deleted; (ii) the order of priority such activities should be carried out; (iii) a review of the advantages and disadvantages of a centralized statistical agency or a partial consolidation of the agencies for the Federal Government; and (iv) an assessment of which agencies could be consolidated into such an agency; (D) an examination of the methodology involved in producing official data and recommendations for technical changes to improve statistics; (E) an evaluation of the accuracy and appropriateness of key statistical indicators and recommendations of ways to improve such accuracy and appropriateness; (F) a review of interagency coordination of statistical data and recommendations of methods to standardize collection procedures and surveys, as appropriate, and presentation of data throughout the Federal system; (G) a review of information technology and recommendations of appropriate methods for disseminating statistical data, with special emphasis on resources, such as the Internet, that allow the public to obtain information in a timely and cost- effective manner; (H) an examination of individual privacy in the context of statistical data; (I) a comparison of the United States statistical system to statistical systems of other nations; (J) a consideration of the coordination of statistical data with other nations and international agencies, such as the Organization for Economic Cooperation and Development; and (K) a recommendation of a strategy for maintaining a modern and efficient Federal statistical infrastructure as the needs of the United States change. (b) Report.-- (1) Interim report.--No later than June 1, 1998, the Commission shall submit an interim report on the study conducted under subsection (a) to the President and to the Congress. (2) Final report.--No later than January 15, 1999, the Commission shall submit a final report to the President and the Congress which shall contain a detailed statement of the findings and conclusions of the Commission, and recommendations for such legislation and administrative actions as the Commission considers appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) In general.--Subject to paragraph (2), each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (2) Chairman.--The Chairman shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. Such travel may include travel outside the United States. (c) Staff.-- (1) In general.--Subject to paragraph (2), the Commission shall, without regard to the provisions of title 5, United States Code, relating to the competitive service, appoint an executive director who shall be paid at a rate equivalent to a rate established for the Senior Executive Service under section 5382 of title 5, United States Code. The Commission shall appoint such additional personnel as the Commission determines to be necessary to provide support for the Commission, and may compensate such additional personnel without regard to the provisions of title 5, United States Code, relating to the competitive service. (2) Limitation.--The total number of employees of the Commission (including the executive director) may not exceed 30. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the final report of the Commission. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $2,500,000 for fiscal year 1997, $5,000,000 for fiscal year 1998, and $2,500,000 for fiscal year 1999 to the Commission to carry out the purposes of this Act.", "summary": "Commission to Study the Federal Statistical System Act of 1996 - Establishes the Commission to Study the Federal Statistical System. Directs the Commission to study all matters relating to Federal statistical infrastructure, including longitudinal surveys conducted by private agencies and partially funded by the Federal Government. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Affordable Vocational and Collegiate Education (SAVE) Act.'' SEC. 2. DEDUCTION FOR PAYMENTS TO QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. PAYMENTS TO QUALIFIED STATE TUITION PROGRAMS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid by the taxpayer during the taxable year to any qualified State tuition program (as defined in section 529) for the benefit of any designated beneficiary (as defined in such section). ``(b) Dollar Limitation.--The deduction allowed by subsection (a) for the taxable year shall not exceed $5,000 ($10,000 in the case of a joint return).'' (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of such Code is amended by inserting after paragraph (17) the following new paragraph: ``(18) Payments to qualified state tuition programs.--The deduction allowed by section 222.'' (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting: ``Sec. 222. Payments to qualified State tuition programs. ``Sec. 223. Cross reference.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Section 529(c)(3)(B) of the Internal Revenue Code of 1986 (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--For purposes of this paragraph-- ``(i) In-kind distributions.--No amount shall be includible in gross income under subparagraph (A) by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense. ``(ii) Cash distributions.--In the case of distributions not described in clause (i), if-- ``(I) such distributions do not exceed the qualified higher education expenses (reduced by expenses described in clause (i)), no amount shall be includible in gross income, and ``(II) in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions. ``(iii) Treatment as distributions.--Any benefit furnished to a designated beneficiary under a qualified State tuition program shall be treated as a distribution to the beneficiary for purposes of this paragraph. ``(iv) Coordination with hope and lifetime learning credits.--The total amount of qualified higher education expenses with respect to an individual for the taxable year shall be reduced-- ``(I) as provided in section 25A(g)(2), and ``(II) by the amount of such expenses which were taken into account in determining the credit allowed to the taxpayer or any other person under section 25A. ``(v) Coordination with education individual retirement accounts.--If, with respect to an individual for any taxable year-- ``(I) the aggregate distributions to which clauses (i) and (ii) and section 530(d)(2)(A) apply, exceed ``(II) the total amount of qualified higher education expenses otherwise taken into account under clauses (i) and (ii) (after the application of clause (iv)) for such year, the taxpayer shall allocate such expenses among such distributions for purposes of determining the amount of the exclusion under clauses (i) and (ii) and section 530(d)(2)(A).''. (b) Conforming Amendments.-- (1) Section 135(d)(2)(B) of such Code is amended by striking ``the exclusion under section 530(d)(2)'' and inserting ``the exclusions under sections 529(c)(3)(B)(i) and 530(d)(2)''. (2) Section 221(e)(2)(A) of such Code is amended by inserting ``529,'' after ``135,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.", "summary": "Securing Affordable Vocational and Collegiate Education (SAVE) Act - Amends the Internal Revenue Code to: (1) allow a limited deduction for amounts paid to any qualified State tuition program; and (2) provide that distributions from such programs used to pay qualified higher education expenses shall not be included in gross income."}
{"article": "SECTION 1. EXCISE TAX ON MANUFACTURE AND IMPORTATION OF TIRES. (a) In General.--Chapter 38 of the Internal Revenue Code of 1986 (relating to environmental taxes) is amended by adding at the end the following: ``Subchapter E--Tax on Tires ``Sec. 4691. Imposition of tax. ``SEC. 4691. IMPOSITION OF TAX. ``(a) General Rule.--There is imposed a tax on the manufacture or importation of tires of any type, including solid and pneumatic tires. ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) shall be 50 cents per tire. ``(c) Liability for Tax.--The tax imposed by subsection (a) shall be paid by the manufacturer or importer of the tire not later than 30 days after the end of each calendar quarter for each tire manufactured or imported during such quarter. ``(d) Tires on Imported Articles.--For purposes of subsection (a), if an article imported into the United States is equipped with tires, the importer of the article shall be treated as the importer of the tires with which such article is equipped. ``(e) Effective Date.--The tax imposed by this section shall apply to tires manufactured or imported after December 31, 1997, and before January 1, 2003.''. (b) Conforming Amendment.--The table of subchapters for chapter 38 of such Code is amended by adding after the item relating to subchapter D the following: ``Subchapter E. Tax on tires.''. SEC. 2. ESTABLISHMENT OF TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to the establishment of trust funds) is amended by adding after section 9511 the following: ``SEC. 9512. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the ``Waste Tire Recycling, Abatement, and Disposal Trust Fund'' consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are appropriated to the Waste Tire Recycling, Abatement, and Disposal Trust Fund amounts equivalent to-- ``(1) taxes received in the Treasury under section 4691 (relating to an assessment on motor vehicle tires); and ``(2) amounts received in the Treasury and collected under section 4011 of the Solid Waste Disposal Act. ``(c) Expenditures.--Amounts in the Waste Tire Recycling, Abatement, and Disposal Trust Fund shall be available, as provided in appropriation Acts, only for the purpose of making expenditures to carry out the purposes of section 4011 of the Solid Waste Disposal Act. ``(d) Authority to Borrow.-- ``(1) In general.--There are authorized to be appropriated to the Waste Tire Recycling, Abatement, and Disposal Trust Fund, as repayable advances, such sums as may be necessary to carry out the purposes of section 4011(k) of the Solid Waste Disposal Act. ``(2) Limitation on aggregate advances.--The maximum aggregate amount of repayable advances to the Waste Tire Recycling, Abatement, and Disposal Trust Fund which is outstanding at any one time shall not exceed an amount equal to the amount which the Secretary estimates will be equal to the sum of the amounts received from the tax imposed by section 4691 during any 2-year period. ``(3) Repayment of advances.-- ``(A) In general.--Advances made to the Waste Tire Recycling, Abatement, and Disposal Trust Fund shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary determines that moneys are available for such purposes in the Waste Tire Recycling, Abatement, and Disposal Trust Fund. ``(B) Date for termination of advances.--No advance shall be paid to the Trust Fund after December 31, 2001 and all advances to the Trust Fund shall be repaid on or before such date. ``(C) Interest rate on advances.--Interest on advances made to the Trust Fund shall be at a rate determined by the Secretary to be equal to the current market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the anticipated period during which the advance will be outstanding, and shall be compounded annually.''. (b) Conforming Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding after the item relating to section 9511 the following: ``Sec. 9511. Waste Tire Recycling, Abatement, and Disposal Trust Fund.''.", "summary": "Amends the Internal Revenue Code (IRC) to impose a tax on the manufacture or importation of tires of any type, including solid and pneumatic tires. Establishes the Waste Tire Recycling, Abatement, and Disposal Trust Fund. Appropriates to the Fund the taxes received under IRC provisions relating to an assessment on motor vehicle tires and amounts received under specified provisions of the Solid Waste Disposal Act. Makes Fund amounts available (as provided in appropriations Acts), and authorizes appropriations, for State and Federal waste tire recycling, abatement, and disposal activities and related research."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Improvement Timber Contract Extension Act of 1996''. SEC. 2. MODIFICATION OF LONG-TERM CONTRACT REGARDING TONGASS NATIONAL FOREST. Title III of the Tongass Timber Reform Act (Public Law 101-626; 104 Stat. 4430) is amended by adding at the end the following new section: ``SEC. 302. 1996 CONTRACT MODIFICATIONS. ``(a) Definitions.--In this section: ``(1) The term `board feet' means net scribner long-log scale for all sawlogs and all hemlock and spruce utility grade logs. ``(2) The term `contract' means the timber sale contract numbered A10fs-1042 between the United States and the Ketchikan Pulp Company. ``(3) The term `contracting officer' means the Regional Forester of Region 10 of the United States Forest Service. ``(4) The term `mid-market criteria' means an appraisal that ensures an average timber operator will have a weighted average profit and risk margin of at least 60 percent of normal in a mid-market situation, representative of the most recent 10 years of actual market data. ``(5) The term `proportionality' means the proportion of high volume stands (stands of 30,000 or more board feet per acre) to low volume stands (stands of 8,000 to 30,000 board feet per acre). ``(6) The term `purchaser' means the Ketchikan Pulp Company. ``(b) Findings.--Congress finds the following: ``(1) On July 26, 1951, the Forest Service, on behalf of the United States, and the purchaser entered into a contract to harvest 8,250,000,000 board feet of timber from the Tongass National Forest in the State of Alaska. While the contract is scheduled to end June 30, 2004, it acknowledges an intention on the part of the Forest Service to supply adequate timber thereafter for permanent operation of the purchaser's facilities on a commercially sound and permanently economical basis. This legislation is necessary to effectuate that intent. ``(2) A pulp mill or similar facility is necessary in southeast Alaska to optimize the level of year-round, high- paying jobs in the area, to provide high value added use of low-grade wood and by-product material from sawmilling operations, and to maintain a stable regional economy. ``(3) The purchaser plans to make environmental and operational improvements to its pulp mill, including conversion to an elementally chlorine free bleaching process, expansion of wastewater treatment facilities, relocation of the existing wastewater outfall, and improvements to chemical recovery and power generation equipment. Total capital expenditures are estimated to be $200,000,000, $25,000,000 of which the purchaser has already invested. ``(4) Extension of the contract for 15 years is the minimum reasonable extension period to allow amortization of these environmental improvement and energy efficiency projects. ``(5) Ketchikan is the fourth largest city in Alaska. Its economic and job base are extremely dependent upon the continuation of the contract, which provides the principal source of year-round employment in the area. The purchaser has stated among its goals and objectives the following: ``(A) Continuation of a long-term commitment to Ketchikan and southeast Alaska, including maintenance of a stable Alaskan workforce, utilization of Alaskan contractors, vendors, and suppliers to permit those businesses to hire and maintain Alaskan employees. ``(B) Participation in the Forest Service's land management planning process with other users so that the process may be completed expeditiously with maximum information. ``(C) Adherence to sound principles of multiple-use and sustained yield of forest resources providing for the production of sustainable contract volumes for the purchaser and the other timber operators in southeast Alaska and the protection and promotion of other forest uses, including tourism, fishing, subsistence, hunting, mining, and recreation. ``(D) Protection of air, water, and land, including fish and wildlife habitat, through compliance with applicable Federal, State, and local laws. ``(E) Commitment to continue to explore new processes and technology to maximize the use of timber harvested and increase the value of products manufactured in southeast Alaska. ``(6) The national interest is served by a policy that accomplishes the proper stewardship of publicly owned assets in the Tongass National Forest, a fair return to the United States for public timber in the Tongass National Forest, and a proper balance among multiple use interests in the Tongass National Forest to enhance forest health, sustainable harvest, and the general economic health and growth in southeast Alaska and the United States in order to improve national economic benefits. The national interest is best achieved by fostering domestic forest product markets and by modifying the terms of the contract pursuant to subsection (c). ``(c) Contract Fairness Changes.--The contract is hereby modified as follows: ``(1) Extension.--The term of the contract is extended by 15 years from June 30, 2004. ``(2) Sale Offering plan.--The contract shall include a plan describing the amount of volume, location, and the schedule by which the purchaser shall receive the timber required by paragraph (3) for the remainder of the contract term. The plan shall be coordinated with the Tongass Land Management Plan. ``(3) Volume requirements.--The volume of timber required under the contract shall be provided in 5-year increments of 962,500,000 board feet, which the purchaser shall be obligated to harvest in an orderly manner, subject to the following: ``(A) Until March 1, 1999, when the next 5-year increment is provided to the purchaser, the Forest Service shall provide the purchaser with at least 192,500,000 board feet per year of available timber at a date certain each year and shall maintain a supply of timber adequate to insure the purchaser can reasonably harvest 192,500,000 board feet each year. ``(B) To ensure harvest in an orderly manner, the contracting officer shall provide for the construction by the purchaser of roads in portions of the 5-year increment area of timber in advance of the 5-year operating period by including such roads in the environmental impact statement prepared for the 5-year operating period. ``(C) Timber selected for inclusion in the 5-year increment shall meet the mid-market criteria. ``(4) Appraisals and rates.--The contracting officer shall perform appraisals using normal independent national forest timber sale procedures and designate rates for the increments of timber to be provided. The rates shall not be designated at a level that places the purchaser at a competitive disadvantage to a similar enterprise in the Pacific Northwest and those rates shall be the sole charges the purchaser shall be required to pay for timber provided. ``(5) Measurement of proportionality.--The Forest Service shall measure proportionality using the following criteria: ``(A) Measure for groups of all contiguous management areas. ``(B) Measure proportionality by acres. ``(C) Measure proportionality over the entire rotation age. ``(6) Conversion or replacement of pulp mill.--The purchaser may convert or replace, in part or in whole, its pulp mill with a facility the manufactures any other value added product that utilizes pulp logs as a raw material component. ``(7) Unilateral termination.--The unilateral termination clause of the contract is eliminated. ``(8) Subsequent modifications.--Any clause in the contract, as modified by this subsection, may be further modified only by mutual agreement of the Forest Service and the purchaser and may be so modified without further Act of Congress. ``(d) Effective Date for Contract Modification.-- ``(1) Effective date.--The modifications made by subsection (c) shall take effect 45 days after the date of the enactment of the Environmental Improvement Timber Contract Extension Act of 1996. ``(2) Ministerial duty to modify the contract.--Not later than such effective date, the contracting officer shall revise, as a ministerial function, the text of the contract to conform with the modifications made by subsection (c) and implement the modified contract. The contracting officer shall make conforming changes to provisions of the contract that were not modified by subsection (c) in order to ensure that the modifications made by such subsection are implemented. ``(e) Transition Timber Supply.--Timber volume available or scheduled to be offered to the purchaser under the contract in effect on the day before the date of the enactment of the Environmental Improvement Timber Contract Extension Act of 1996 shall continue to be offered and scheduled under the contract as modified by subsection (c) along with such additional timber volume as is necessary to satisfy the timber volume requirement of 192,500,000 board feet per year.''.", "summary": "Environmental Improvement Timber Contract Extension Act of 1996 - Amends the Tongass Timber Reform Act to extend and modify the timber contract between the United States and the Ketchikan Pulp Company with regard to the Tongass National Forest, Alaska."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Legacy IRA Act''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Paragraph (8) of section 408(d) of the Internal Revenue Code of 1986 (relating to tax treatment of distributions) is amended to read as follows: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution. ``(B) Limitations.-- ``(i) In general.--The aggregate amount excluded from gross income by subparagraph (A) for a taxable year shall not exceed $400,000. ``(ii) Organization and entity specific limitations.--The amount excluded from gross income by subparagraph (A) for a taxable year shall not exceed-- ``(I) $100,000, in the case of any distribution described in subparagraph (C)(i)(I), and ``(II) $400,000, in the case of any distribution described in subparagraph (C)(i)(II). ``(C) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made directly by the trustee-- ``(I) to a specified charitable organization, or ``(II) to a split-interest entity, and ``(ii) which is made on or after the date that the individual for whose benefit the account is maintained has attained-- ``(I) in the case of any distribution described in clause (i)(I), age 70\\1/2\\, and ``(II) in the case of any distribution described in clause (i)(II), age 65. ``(D) Special rules relating to distributions.--For purposes of this paragraph-- ``(i) Distribution must be otherwise includible.--A distribution from an individual retirement account shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A). ``(ii) Limitation on income interests.--A distribution from an individual retirement account to a split-interest entity may only be treated as a qualified charitable distribution if-- ``(I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and ``(II) the income interest in the split-interest entity is nonassignable. ``(iii) Contributions must be otherwise deductible.--A distribution from an individual retirement account to a specified charitable organization may be treated as a qualified charitable distribution only if-- ``(I) in the case of a distribution to a charitable remainder annuity trust or a charitable remainder unitrust, a deduction for the entire value of the remainder interest in the distribution for the benefit of a specified charitable organization would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph), and ``(II) in the case of a charitable gift annuity, a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section 501(m)(5)(B) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(E) Specified charitable organization defined.-- For purposes of this paragraph, the term `specified charitable organization' means an organization described in section 170(b)(1)(A) (other than any organization described in section 509(a)(3) or any fund or account described in section 4966(d)(2)). ``(F) Split-interest entity defined.--For purposes of this paragraph, the term `split-interest entity' means-- ``(i) a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by a qualified charitable distribution, ``(ii) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by one or more qualified charitable distributions, or ``(iii) a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by a qualified charitable distribution and commences fixed payments of 5 percent or greater not later than one year from date of funding. ``(G) Special rules.-- ``(i) Charitable remainder trusts.-- Notwithstanding section 664(b), distributions made from a trust described in clause (i) or (ii) of subparagraph (F) shall be treated as ordinary income in the hands of the beneficiary to whom is paid the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A). ``(ii) Charitable gift annuities.-- Qualified charitable distributions made for a charitable gift annuity shall not be treated as an investment in the contract for purposes of section 72(c). ``(iii) Application of section 72.-- Notwithstanding section 72, in determining the extent to which a distribution is a qualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all individual retirement plans of the individual were distributed during the taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(iv) Determining deduction under section 170.--Qualified charitable distributions shall not be taken into account in determining the deduction under section 170. ``(v) Required minimum distributions.--The entire amount of a qualified charitable distribution shall be taken into account for purposes of section 401(a)(9). ``(H) Termination with respect to split-entities.-- Subparagraph (A) shall not apply to a distribution to a split-interest entity after December 31, 2020.''. (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years ending after the date of the enactment of this Act.", "summary": "Legacy IRA Act This bill amends the Internal Revenue Code to expand the tax exclusion for distributions from individual retirement accounts (IRAs) for charitable purposes. The bill increases from $100,000 to $400,000 the annual limit on the aggregate amount of distributions for charitable purposes that may be excluded from the gross income of a taxpayer. The bill permits tax-free distributions from IRAs to a split-interest entity until December 31, 2020. A split-interest entity is exclusively funded by charitable distributions and includes: a charitable remainder annuity trust, a charitable remainder unitrust, or a charitable gift annuity. A charitable gift annuity must commence fixed payments of at least 5% no later than one year from the date of funding. A distribution to a split-interest entity may only be treated as a qualified charitable distribution if: (1) no person holds an income interest in the entity other than the individual for whose benefit the account is maintained, the spouse of such individual, or both; and (2) the income interest in the entity is nonassignable. The bill limits the exclusion annually to: $100,000 for distributions to charitable organizations, and $400,000 for distributions to split-interest entities. Tax-free distributions to a split-interest entity may be made when the account beneficiary attains age 65. (Under current law, the beneficiary must attain the age of 70-1/2 for IRA distributions to a charitable organization.)"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Accountability and Innovative Research Drug Pricing Act of 2016''. SEC. 2. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART W--DRUG PRICE REPORTING; DRUG VALUE FUND ``SEC. 399OO. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES. ``(a) Definitions.--In this section: ``(1) Average manufacturer price.--The term `average manufacturer price' has the meaning given the term in section 1927(k)(1) of the Social Security Act (42 U.S.C. 1396r- 8(k)(1)). ``(2) Manufacturer.--The term `manufacturer' means the person-- ``(A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or the license issued under section 351 of the Public Health Service Act; or ``(B) who is responsible for setting the price for the drug. ``(3) Qualifying drug.--The term `qualifying drug' means any drug that is approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under subsection (a) or (k) of section 351 of this Act-- ``(A) that is-- ``(i)(I) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act; or ``(II) commonly administered by hospitals (as determined by the Secretary); ``(ii) not designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act; and ``(iii) not designated by the Secretary as a vaccine; and ``(B) for which, during the previous calendar year, at least 1 dollar of the total amount of sales were for individuals enrolled under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or under a State Medicaid plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan. ``(b) Report.-- ``(1) Report required.--The manufacturer of a qualifying drug shall submit a report to the Secretary for each price increase of a qualifying drug that will result in an increase in the average manufacturer price of that drug that is equal to 10 percent or more over a 12-month period. ``(2) Report deadline.--Each report described in paragraph (1) shall be submitted to the Secretary not later than 30 days prior to the planned effective date of such price increase. ``(c) Contents.--A report under subsection (b) shall, at a minimum, include-- ``(1) with respect to the qualifying drug-- ``(A) the percentage by which the manufacturer will raise the average manufacturer price of the drug on the planned effective date of such price increase; ``(B) a justification for, and description of, each manufacturer's price increase that occurred during the 12-month period described in subsection (b)(1); ``(C) the identity of the initial developer of the drug; ``(D) a description of the history of the manufacturer's price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; ``(E) the current list price of the drug; ``(F) the total expenditures of the manufacturer on-- ``(i) materials and manufacturing for such drug; and ``(ii) acquiring patents and licensing for such drug; ``(G) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds; ``(H) the total expenditures of the manufacturer on research and development for such drug that is used for-- ``(i) basic and preclinical research; ``(ii) clinical research; ``(iii) new drug development; ``(iv) pursuing new or expanded indications for such drug through supplemental applications under section 505 of the Federal Food, Drug, and Cosmetic Act; and ``(v) carrying out postmarket requirements related to such drug, including those under section 505(o)(3) of such Act; ``(I) the total revenue and the net profit generated from the qualifying drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; and ``(J) the total costs associated with marketing and advertising for the qualifying drug; ``(2) with respect to the manufacturer-- ``(A) the total revenue and the net profit of the manufacturer for the 12-month period described in subsection (b)(1); ``(B) the amount the manufacturer has spent on dividends and stock repurchases and the specific metrics used by the manufacturer to determine executive compensation, including any stock-based performance metrics, for the 12-month period described in subsection (b)(1); and ``(C) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on-- ``(i) drug research and development; or ``(ii) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and ``(3) such other related information as the Secretary considers appropriate. ``(d) Civil Penalty.--Any manufacturer of a qualifying drug that fails to submit a report for the drug as required by this section shall be subject to a civil penalty of $100,000 for each day on which the violation continues. ``(e) Compliance Determinations.--In determining whether a manufacturer may have been required to submit a report under this section, and otherwise making determinations about manufacturer compliance with the requirements of this section, the Inspector General of the Department of Health and Human Services shall annually review and consider the average manufacturer price information submitted under section 447.510 of title 42, Code of Federal Regulations, or any successor regulations. ``(f) Public Posting.-- ``(1) In general.--Subject to paragraph (3), not later than 30 days after the submission of a report under subsection (b), the Secretary shall post the report on the public Web site of the Department of Health and Human Services. ``(2) Format.--In developing the format of such report for public posting, the Secretary shall consult stakeholders, including beneficiary groups, and shall seek feedback on the content and format from consumer advocates and readability experts to ensure such public reports are user-friendly to the public and are written in plain language that consumers can readily understand. ``(3) Trade secrets and confidential information.--In carrying out this section the Secretary shall ensure the protection of confidential commercial information and trade secrets.''. ``SEC. 399OO-1. USE OF CIVIL PENALTY AMOUNTS. ``The Secretary shall collect the civil penalties under section 399OO, in addition to any other amounts available, and without further appropriation, and shall use such funds to carry out activities described in this part and to improve consumer and provider information about drug value and drug price transparency. ``SEC. 399OO-2. ANNUAL REPORT TO CONGRESS. ``(a) In General.--Subject to subsection (b), the Secretary shall submit to Congress, and post on the public Web site of the Department of Health and Human Services in a way that is easy to use and understand, an annual report-- ``(1) summarizing the information reported pursuant to section 399OO; and ``(2) including copies of the reports and supporting detailed economic analyses submitted pursuant to such section. ``(b) Trade Secrets and Confidential Information.--In carrying out this section the Secretary shall ensure the protection of confidential commercial information and trade secrets.''.", "summary": "Fair Accountability and Innovative Research Drug Pricing Act of 2016 This bill amends the Public Health Service Act to require manufacturers of certain drugs and biological products to report to the Department of Health and Human Services (HHS) price increases that result in a 10% or more increase in the price of a drug over a 12-month period. Reports are required for prescription drugs and drugs commonly administered in hospitals, except vaccines, drugs for rare conditions, and drugs with annual sales for Medicare and Medicaid enrollees of less than $1. Manufacturers that do not submit a required report are subject to a civil penalty. The Inspector General of HHS must review drug price information to determine compliance. Collected penalty funds must be used to carry out activities related to this reporting requirement and to improve consumer and provider information about drug value and drug price transparency. HHS must publish manufacturer reports, a summary of those reports, and supporting analyses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pain Relief Promotion Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) in the first decade of the new millennium there should be a new emphasis on pain management and palliative care; (2) the use of certain narcotics and other drugs or substances with a potential for abuse is strictly regulated under the Controlled Substances Act; (3) the dispensing and distribution of certain controlled substances by properly registered practitioners for legitimate medical purposes are permitted under the Controlled Substances Act and implementing regulations; (4) the dispensing or distribution of certain controlled substances for the purpose of relieving pain and discomfort even if it increases the risk of death is a legitimate medical purpose and is permissible under the Controlled Substances Act; (5) inadequate treatment of pain, especially for chronic diseases and conditions, irreversible diseases such as cancer, and end-of-life care, is a serious public health problem affecting hundreds of thousands of patients every year; physicians should not hesitate to dispense or distribute controlled substances when medically indicated for these conditions; and (6) for the reasons set forth in section 101 of the Controlled Substances Act (21 U.S.C. 801), the dispensing and distribution of controlled substances for any purpose affect interstate commerce. TITLE I--PROMOTING PAIN MANAGEMENT AND PALLIATIVE CARE SEC. 101. ACTIVITIES OF AGENCY FOR HEALTH CARE RESEARCH AND QUALITY. Part A of title IX of the Public Health Service Act (42 U.S.C. 299 et seq.) is amended by adding at the end the following: ``SEC. 903. PROGRAM FOR PAIN MANAGEMENT AND PALLIATIVE CARE RESEARCH AND QUALITY. ``(a) In General.--Subject to subsections (e) and (f) of section 902, the Director shall carry out a program to accomplish the following: ``(1) Promote and advance scientific understanding of pain management and palliative care. ``(2) Collect and disseminate protocols and evidence-based practices regarding pain management and palliative care, with priority given to pain management for terminally ill patients, and make such information available to public and private health care programs and providers, health professions schools, and hospices, and to the general public. ``(b) Definition.--In this section, the term `pain management and palliative care' means-- ``(1) the active, total care of patients whose disease or medical condition is not responsive to curative treatment or whose prognosis is limited due to progressive, far-advanced disease; and ``(2) the evaluation, diagnosis, treatment, and management of primary and secondary pain, whether acute, chronic, persistent, intractable, or associated with the end of life; the purpose of which is to diagnose and alleviate pain and other distressing signs and symptoms and to enhance the quality of life, not to hasten or postpone death.''. SEC. 102. ACTIVITIES OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) In General.--Part D of title VII of the Public Health Service Act (42 U.S.C. 294 et seq.) is amended-- (1) by redesignating sections 754 through 757 as sections 755 through 758, respectively; and (2) by inserting after section 753 the following: ``SEC. 754. PROGRAM FOR EDUCATION AND TRAINING IN PAIN MANAGEMENT AND PALLIATIVE CARE. ``(a) In General.--The Secretary, in consultation with the Director of the Agency for Healthcare Research and Quality, may award grants, cooperative agreements, and contracts to health professions schools, hospices, and other public and private entities for the development and implementation of programs to provide education and training to health care professionals in pain management and palliative care. ``(b) Priority.--In making awards under subsection (a), the Secretary shall give priority to awards for the implementation of programs under such subsection. ``(c) Certain Topics.--An award may be made under subsection (a) only if the applicant for the award agrees that the program to be carried out with the award will include information and education on-- ``(1) means for diagnosing and alleviating pain and other distressing signs and symptoms of patients, especially terminally ill patients, including the medically appropriate use of controlled substances; ``(2) applicable laws on controlled substances, including laws permitting health care professionals to dispense or administer controlled substances as needed to relieve pain even in cases where such efforts may unintentionally increase the risk of death; and ``(3) recent findings, developments, and improvements in the provision of pain management and palliative care. ``(d) Program Sites.--Education and training under subsection (a) may be provided at or through health professions schools, residency training programs and other graduate programs in the health professions, entities that provide continuing medical education, hospices, and such other programs or sites as the Secretary determines to be appropriate. ``(e) Evaluation of Programs.--The Secretary shall (directly or through grants or contracts) provide for the evaluation of programs implemented under subsection (a) in order to determine the effect of such programs on knowledge and practice regarding pain management and palliative care. ``(f) Peer Review Groups.--In carrying out section 799(f) with respect to this section, the Secretary shall ensure that the membership of each peer review group involved includes individuals with expertise and experience in pain management and palliative care for the population of patients whose needs are to be served by the program. ``(g) Definition.--In this section, the term `pain management and palliative care' means-- ``(1) the active, total care of patients whose disease or medical condition is not responsive to curative treatment or whose prognosis is limited due to progressive, far-advanced disease; and ``(2) the evaluation, diagnosis, treatment, and management of primary and secondary pain, whether acute, chronic, persistent, intractable, or associated with the end of life; the purpose of which is to diagnose and alleviate pain and other distressing signs and symptoms and to enhance the quality of life, not to hasten or postpone death.''. (b) Authorization of Appropriations; Allocation.-- (1) In general.--Section 758 of the Public Health Service Act (as redesignated by subsection (a)(1) of this section) is amended, in subsection (b)(1)(C), by striking ``sections 753, 754, and 755'' and inserting ``sections 753, 754, 755, and 756''. (2) Amount.--With respect to section 758 of the Public Health Service Act (as redesignated by subsection (a)(1) of this section), the dollar amount specified in subsection (b)(1)(C) of such section is deemed to be increased by $5,000,000. SEC. 103. EFFECTIVE DATE. The amendments made by this title shall take effect on the date of enactment of this Act. TITLE II--USE OF CONTROLLED SUBSTANCES CONSISTENT WITH THE CONTROLLED SUBSTANCES ACT SEC. 201. REINFORCING EXISTING STANDARD FOR LEGITIMATE USE OF CONTROLLED SUBSTANCES. (a) In General.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(i)(1) For purposes of this Act and any regulations to implement this Act, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance that is consistent with public health and safety, even if the use of such a substance may increase the risk of death. Nothing in this section authorizes intentionally dispensing, distributing, or administering a controlled substance for the purpose of causing death or assisting another person in causing death. ``(2)(A) Notwithstanding any other provision of this Act, in determining whether a registration is consistent with the public interest under this Act, the Attorney General shall give no force and effect to State law authorizing or permitting assisted suicide or euthanasia. ``(B) Paragraph (2) applies only to conduct occurring after the date of enactment of this subsection. ``(3) Nothing in this subsection shall be construed to alter the roles of the Federal and State governments in regulating the practice of medicine. Regardless of whether the Attorney General determines pursuant to this section that the registration of a practitioner is inconsistent with the public interest, it remains solely within the discretion of State authorities to determine whether action should be taken with respect to the State professional license of the practitioner or State prescribing privileges. ``(4) Nothing in the Pain Relief Promotion Act of 2000 (including the amendments made by such Act) shall be construed-- ``(A) to modify the Federal requirements that a controlled substance be dispensed only for a legitimate medical purpose pursuant to paragraph (1); or ``(B) to provide the Attorney General with the authority to issue national standards for pain management and palliative care clinical practice, research, or quality; except that the Attorney General may take such other actions as may be necessary to enforce this Act.''. (b) Pain Relief.--Section 304(c) of the Controlled Substances Act (21 U.S.C. 824(c)) is amended-- (1) by striking ``(c) Before'' and inserting the following: ``(c) Procedures.-- ``(1) Order to show cause.--Before''; and (2) by adding at the end the following: ``(2) Burden of proof.--At any proceeding under paragraph (1), where the order to show cause is based on the alleged intentions of the applicant or registrant to cause or assist in causing death, and the practitioner claims a defense under paragraph (1) of section 303(i), the Attorney General shall have the burden of proving, by clear and convincing evidence, that the practitioner's intent was to dispense, distribute, or administer a controlled substance for the purpose of causing death or assisting another person in causing death. In meeting such burden, it shall not be sufficient to prove that the applicant or registrant knew that the use of controlled substance may increase the risk of death.''. SEC. 202. EDUCATION AND TRAINING PROGRAMS. Section 502(a) of the Controlled Substances Act (21 U.S.C. 872(a)) is amended-- (1) by striking ``and'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``; and''; and (3) by adding at the end the following: ``(7) educational and training programs for Federal, State, and local personnel, incorporating recommendations, subject to the provisions of subsections (e) and (f) of section 902 of the Public Health Service Act, by the Secretary of Health and Human Services, on the means by which investigation and enforcement actions by law enforcement personnel may better accommodate the necessary and legitimate use of controlled substances in pain management and palliative care. Nothing in this subsection shall be construed to alter the roles of the Federal and State governments in regulating the practice of medicine.''. SEC. 203. FUNDING AUTHORITY. Notwithstanding any other provision of law, the operation of the diversion control fee account program of the Drug Enforcement Administration shall be construed to include carrying out section 303(i) of the Controlled Substances Act (21 U.S.C. 823(i)), as added by this Act, and subsections (a)(4) and (c)(2) of section 304 of the Controlled Substances Act (21 U.S.C. 824), as amended by this Act. SEC. 204. EFFECTIVE DATE. The amendments made by this title shall take effect on the date of enactment of this Act.", "summary": "(Sec. 102) Authorizes the Secretary of Health and Human Services to award grants, cooperative agreements, and contracts for development and implementation of programs to provide education and training to health care professionals in pain management and palliative care. Defines \"pain management and palliative care\" as certain types of actions, the purpose of which is to diagnose and alleviate pain and other distressing signs and symptoms and to enhance the quality of life, not to hasten or postpone death. Adds the provisions of this paragraph to the list of provisions for which the Secretary is required to make a specified amount available and increases the amount specified. Title II: Use of Controlled Substances Consistent With the Controlled Substances Act - Amends the Controlled Substances Act to declare that, for that Act and any implementing regulations, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance that is consistent with public health and safety, even if it may increase the risk of death. Prohibits the Attorney General, in determining whether a registration (to manufacture, distribute, or dispense controlled substances) is consistent with the public interest, from giving any force and effect to State law authorizing or permitting assisted suicide or euthanasia, notwithstanding any other provision of the Act, and with regard to conduct after enactment of this Act. Gives the Attorney General, in an action to deny, revoke, or suspend a registration based on alleged intentions to cause or assist in causing death, the burden of proving, by clear and convincing evidence, that the intent was to cause death or assist another person in causing death. Declares that the burden is not met by proving that the applicant or registrant knew that the use of the controlled substance may increase the risk of death. (Sec. 202) Authorizes the Attorney General to carry out education and training programs for Federal, State, and local personnel on the means by which investigation and enforcement actions by law enforcement personnel may better accommodate the necessary and legitimate use of controlled substances in pain management and palliative care. (Sec. 203) Requires, notwithstanding any other provision of law, construing the operation of the diversion control fee account program of the Drug Enforcement Administration to include carrying out the provisions of this title (other than section 203)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Smog Reduction Act of 1998''. SEC. 2. AMENDMENT OF CLEAN AIR ACT. Section 183 of the Clean Air Act (42 U.S.C. 7511b) is amended by adding at the end the following: ``(h) Vehicles Entering Ozone Nonattainment Areas.-- ``(1) Authority regarding ozone inspection and maintenance testing.-- ``(A) In general.--No noncommercial motor vehicle registered in a foreign country and operated by a United States citizen or by an alien who is a permanent resident of the United States, or who holds a visa for the purposes of employment or educational study in the United States, may enter a covered ozone nonattainment area from a foreign country bordering the United States and contiguous to the nonattainment area more than twice in a single calendar-month period, if State law has requirements for the inspection and maintenance of such vehicles under the applicable implementation plan in the nonattainment area. ``(B) Applicability.--Subparagraph (A) shall not apply if the operator presents documentation at the United States border entry point establishing that the vehicle has complied with such inspection and maintenance requirements as are in effect and are applicable to motor vehicles of the same type and model year. ``(2) Sanctions for violations.--The President may impose and collect from the operator of any motor vehicle who violates, or attempts to violate, paragraph (1) a civil penalty of not more than $200 for the second violation or attempted violation and $400 for the third and each subsequent violation or attempted violation. ``(3) State election.--The prohibition set forth in paragraph (1) shall not apply in any State that elects to be exempt from the prohibition. Such an election shall take effect upon the President's receipt of written notice from the Governor of the State notifying the President of such election. ``(4) Alternative approach.--The prohibition set forth in paragraph (1) shall not apply in a State, and the President may implement an alternative approach, if-- ``(A) the Governor of the State submits to the President a written description of an alternative approach to facilitate the compliance, by some or all foreign-registered motor vehicles, with the motor vehicle inspection and maintenance requirements that are-- ``(i) related to emissions of air pollutants; ``(ii) in effect under the applicable implementation plan in the covered ozone nonattainment area; and ``(iii) applicable to motor vehicles of the same types and model years as the foreign-registered motor vehicles; and ``(B) the President approves the alternative approach as facilitating compliance with the motor vehicle inspection and maintenance requirements referred to in subparagraph (A). ``(5) Definition of covered ozone nonattainment area.--In this section, the term `covered ozone nonattainment area' means a Serious Area, as classified under section 181 as of the date of the enactment of this subsection.''. SEC. 3. GENERAL PROVISIONS. (a) In General.--The amendment made by section 2 takes effect 180 days after the date of the enactment of this Act. Nothing in that amendment shall require action that is inconsistent with the obligations of the United States under any international agreement. (b) Information.--As soon as practicable after the date of the enactment of this Act, the appropriate agency of the United States shall distribute information to publicize the prohibition set forth in the amendment made by section 2. SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE. (a) In General.--The Comptroller General of the United States shall conduct a study of the impact of the amendment made by section 2. (b) Contents of Study.--The study under subsection (a) shall compare-- (1) the potential impact of the amendment made by section 2 on air quality in ozone nonattainment areas affected by the amendment; with (2) the impact on air quality in those areas caused by the increase in the number of vehicles engaged in commerce operating in the United States and registered in, or operated from, Mexico, as a result of the implementation of the North American Free Trade Agreement. (c) Report.--Not later than July 1, 1999, the Comptroller General of the United States shall submit to the Committee on Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the findings of the study under subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Border Smog Reduction Act of 1998 - Amends the Clean Air Act to prohibit noncommercial motor vehicles registered in a foreign country and operated by U.S. citizens, aliens who are permanent residents, or holders of employment or educational visas from entering a Serious ozone nonattainment area from a foreign country bordering the United States and contiguous to such area more than twice in a single calendar-month period if State law has requirements for the inspection and maintenance of such vehicles in such an area. Makes such prohibition inapplicable to operators who present documentation at the border entry point establishing the vehicle's compliance with such requirements. Authorizes civil penalties to be imposed for violation of such prohibition. Makes such prohibition inapplicable in States which elect to be exempt. Makes such prohibition inapplicable in a State and authorizes the President to implement an alternative approach if: (1) a State Governor submits a description of an alternative approach to facilitate compliance by foreign-registered vehicles with inspection and maintenance requirements that are related to air pollutant emissions, that are in effect under the implementation plan in the area, and that apply to vehicles of the same types and model years as the foreign-registered vehicles; and (2) the President approves such approach. Requires the Comptroller General to study and report to specified congressional committees on a comparison of the potential impact of this Act on air quality in ozone nonattainment areas with the impact in those areas of the increase in vehicles engaged in commerce operating in the United States and registered in, or operated from, Mexico, as a result of the implementation of the North American Free Trade Agreement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Navajo Nation Higher Education Act of 2004''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds as follows: (1) The Treaty of 1868 between the United States of America and the Navajo Tribe of Indians provides for the education of the citizens of the Navajo Nation. (2) In 1968, the Navajo Nation created and chartered the Navajo Community College by Resolution CN-95-68 as a wholly owned educational entity of the Navajo Nation. (3) In 1971, Congress enacted the Navajo Community College Act (Public Law 92-189; 25 U.S.C. 640a et seq.). (4) In 1997, the Navajo Nation officially changed the name of the Navajo Community College to Dine College by Resolution CAP-35-97. (5) The purpose of Dine College is to provide educational opportunities to the Navajo people and others in areas important to the economic and social development of the Navajo Nation. (6) The mission of Dine College is to apply the principles of Sa'ah Naaghai Bik'eh Hozhoon (Dine Philosophy) to advance quality student learning through training of the mind and heart-- (A) through Nitsahakees (Thinking), Nahata (Planning), Iina (Living), and Sihasin (Assurance); (B) in study of the Dine language, history, philosophy, and culture; (C) in preparation for further studies and employment in a multicultural and technological world; and (D) in fostering social responsibility, community service, and scholarly research that contribute to the social, economic, and cultural well-being of the Navajo Nation. (7) The United States has a trust and treaty responsibility to the Navajo Nation to provide for the educational opportunities for Navajo people. (8) Significant portions of the College's infrastructure are dilapidated and pose a serious health and safety risk to students, employees and the public. (9) The purposes and intent of this Act are consistent with Executive Order 13270 on tribal colleges and universities and fulfill the United States Government's trust responsibility to serve the educational needs of the Navajo people. (10) The purposes and intent of this Act are consistent with Executive Order 13336 on American Indian and Alaska Native education, issued on April 30, 2004, and fulfill the United States Government's responsibility to serve the education needs of the Navajo people. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Nation.--The term ``Nation'' means the Navajo Nation. (3) College.--The term ``College'' means Dine College. (4) Operations and maintenance.--The term ``operation and maintenance'' means all cost and expenses associated with the customary daily operation of the College and necessary maintenance costs. (5) Infrastructure.--The term ``infrastructure'' means College buildings, water and sewer facilities, roads, foundation, information technology, and telecommunications, including classrooms and external matters such as walkways. (6) Renovations and repairs.--The term ``renovations and repairs'' means modernization and improvements to the infrastructure. SEC. 4. REAUTHORIZATION OF DINE COLLEGE. Congress authorizes the Dine College to receive all Federal funding and resources under this Act and other laws for its operation, improvement, and growth, including (but not limited to) the following: (1) to provide programs of higher education for citizens of the Nation and others; (2) to provide vocational and technical education for citizens of the Nation and others; (3) to preserve and protect the Navajo language, philosophy, and culture for citizens of the Nation and others; (4) to provide Navajo communities and people with employment and training opportunities; (5) to provide economic development and community outreach for Navajo communities and people; and (6) to provide a safe learning, working, and living environment for students, employees, and the public. SEC. 5. FACILITIES AND CAPITAL PROJECTS. The College is authorized to expend money received pursuant to section 7(c) to undertake all renovations and repairs to the College's infrastructure, as identified by a strategic plan approved by the College, and submitted to the Secretary. SEC. 6. STATUS OF FUNDS. Funds provided under this Act to the College may be treated as non- Federal, private funds of the College for purposes of any provision of Federal law which requires that non-Federal or private funds of the College be used in a project for a specific purpose. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are hereby authorized to be appropriated to the College, for each fiscal year, such amounts as are necessary to pay for the operation and maintenance of the College. (b) Budget Placement.--The Secretary shall fund the operation and maintenance of the College separately from tribal colleges and universities recognized and funded by the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.). (c) Facilities and Capital Projects.--In addition to amounts appropriated under subsection (a), there are authorized to be appropriated to carry out section 5, $15,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act. Such amounts may be funded through any one or more of the following agencies: (1) the Department of Interior; (2) the Department of Education; (3) the Department of Heath and Human Services; (4) the Department of Housing and Urban Development; (5) the Department of Commerce; (6) the Environmental Protection Agency; (7) the Department of Veterans Affairs; (8) the Department of Agriculture; (9) the Department of Homeland Security; (10) the Department of Defense; (11) the Department of Labor; and (12) the Department of Transportation. SEC. 8. SURVEY, STUDY, AND REPORT. (a) Information to Congress.--The Secretary shall conduct a detailed survey and study of all capital projects and facility needs of the College, and shall report the results of such survey and study to Congress not later than October 31, 2009. Such report shall include any recommendations or views submitted by the College and the Nation, and shall include detailed recommendations by the Secretary. (b) Administrative Expenses.--Funds to carry out this section may be drawn from general administrative appropriations to the Secretary. SEC. 9. SUPERSESSION OF NAVAJO COMMUNITY COLLEGE ACT. This Act supersedes the Navajo Community College Act (Public Law 92-189; 25 U.S.C. 640a et seq.). SEC. 10. CONTINUING ELIGIBILITY FOR OTHER FEDERAL FUNDS. Except as explicitly provided for in other Federal law, nothing in this Act shall preclude the eligibility of the College to receive Federal funding and resources under any program authorized under the Higher Education Act of 1965, the Equity in Educational Land Grant Status Act (Title V, Part C, of P.L. 103-382; 7 U.S.C. 301 note), or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.", "summary": "Navajo Nation Higher Education Act of 2004 (sic) - Authorizes the Navajo Nation's Dine College to receive all Federal funding and resources under this Act and other laws for its operation, improvement, and growth. Authorizes the College to expend certain funds to undertake all renovations and repairs to its infrastructure, as identified by a strategic plan approved by it and submitted to the Secretary of the Interior. Allows funds to be treated as non-Federal, private funds of the College. Authorizes appropriations to the College for: (1) operation and maintenance, to be funded by the Secretary separately from funding institutions under the Tribally Controlled College or University Assistance Act of 1978; and (2) facilities and capital projects, to be funded through any of specified Federal agencies. Supersedes and repeals the Navajo Community College Act."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Federal Asthma Assessment and State Tracking Act of 2002'' (FAAST Act). (b) Findings.--Congress finds the following: (1) Asthma summary.--Asthma is a serious chronic condition affecting many Americans. Asthma accounts for an estimated 3 million lost workdays for adults and 10.1 million lost school days in children annually. Over the past 20 years mortality, morbidity, and hospital discharge rates attributed to asthma have substantially increased. Between 1979 and 1998, the age- adjusted mortality rate increased 56 percent while the prevalence rate increased by almost 22 percent in males and 97 percent in females between 1982 and 1996. (2) Race-specific prevalence.--In 1996, the prevalence rate of asthma in whites was 53.5 per 1,000 persons while the prevalence rate in blacks was 69.6 per 1,000 persons. Both of these rates represent significant differences from the rates reported in 1982, when they were 34.6 and 39.2 for whites and blacks, respectively. (3) Economic costs of asthma.--Asthma entails an annual economic cost to the Nation in direct health care costs of $8.1 billion; indirect costs (lost productivity) add another $4.6 billion for a total of $12.7 billion. Inpatient hospital services represented the largest single direct medical expenditure, over $3.5 billion. The value of reduced productivity due to loss of school days represented the largest single indirect cost at $1.5 billion. SEC. 2. ASTHMA SCREENING FOR EARLY HEAD START AND HEAD START PROGRAMS. (a) Early Head Start Programs.--Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended by adding at the end the following: ``(h) Asthma Screening.-- ``(1) In general.--An entity that receives assistance under this section may carry out a program under which the entity-- ``(A) determines whether a child eligible to participate in the program described in subsection (a) has each received an asthma screening test using a test that is appropriate for age and risk factors on the enrollment of the child in the program; and ``(B) in the case of a child who has not received such an asthma screening test, ensures that the enrolled child receives such a test either by referral or by performing the test (under contract or otherwise). ``(2) Reimbursement.-- ``(A) In general.--On the request of an entity that performs or arranges for the performance of an asthma screening test under paragraph (1) on a child who is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, title XIX of the Social Security Act, shall reimburse the entity, from funds that are made available under that title, for 100 percent of the cost of the test and data reporting. ``(B) Costs.--The costs of a test conducted under this subsection-- ``(i) shall include reimbursement for testing devices and associated supplies approved for sale by the Food and Drug Administration and used in compliance with section 353 of the Public Health Service Act (42 U.S.C. 263a); and ``(ii) shall include reimbursement for administering the tests and related services, as determined appropriate by the State agency. ``(3) Head start.--This subsection shall apply to Head Start programs that include coverage, directly or indirectly, for infants and toddlers under the age of 3 years.''. (b) Head Start Programs.--Section 642(b) of the Head Start Act (42 U.S.C. 9837(b)) is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(12) with respect to an agency that elects to carry out a program under section 645A(h), comply with the requirements of such section in the case of each child eligible to participate in the Head Start program to be carried out by the agency.''. SEC. 3. ASTHMA SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN PUBLIC SCHOOLS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the following: ``SEC. 320B. ASTHMA SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN PUBLIC SCHOOLS. ``(a) Grants.--The Secretary shall award grants to eligible local educational agencies to enable such agencies to carry out asthma health screening and case management programs determined appropriate by the Secretary in accordance with the program elements described in subsection (d). ``(b) Eligibility.--To be eligible to receive a grant under subsection (a), a local educational agency shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Preference.--In awarding grants under this section, the Secretary shall give preference to local educational agencies serving schools that are located in areas with a high incidence of childhood asthma or a high death rate associated with childhood asthma. ``(d) Program Elements.--Under an asthma program operated under a grant under this section, a local educational agency shall-- ``(1) determine whether a child enrolled in a school in which the program is in effect has received an asthma screening test using a test that is appropriate for age and risk factors on the enrollment of the child in the school; ``(2) in the case of a child who has not received an asthma screening test, ensure that the child receives such a test either by referral or by performing the test (under contract or otherwise); and ``(3) in the case of a child determined to have asthma, provide treatment or refer the child for treatment (including case management) and education in the management of asthma. ``(e) Reimbursement.-- ``(1) Children enrolled in or eligible for medicaid.-- ``(A) In general.--With respect to a child who is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and who receives, or is provided, a test, treatment, or education, under a program established under subsection (a), the Secretary, notwithstanding any other provision of, or limitation under, such title XIX, including the payment limitation commonly known as the `free care rule', shall reimburse the local educational agency administering such program from funds that are made available under such title XIX for 100 percent of the cost of the performance, arrangement, or provision and data reporting. ``(B) Costs.--The costs of a test conducted under this section shall include reimbursement for-- ``(i) testing devices and associated supplies approved for sale by the Food and Drug Administration and used in compliance with section 353; and ``(ii) administering the tests and related services, as determined appropriate by the State agency responsible for the administration of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). ``(2) Children enrolled in or eligible for schip.-- ``(A) In general.--With respect to a child who is eligible for or receiving child health assistance under a State plan under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) and who receives, or is provided, a test, treatment, or education under a program established under subsection (a), the Secretary, notwithstanding any other provision of, or limitation under, such title XXI, or any other provision of law (including the payment limitation under title XIX commonly known as the `free care rule' to the extent, if any, such limitation applies to the State children's health insurance program established under title XXI of that Act), shall reimburse the local educational agency administering such program from funds that are made available under such title XXI for 100 percent of the cost of the performance, arrangement, or provision and data reporting. ``(B) Costs.--The costs shall include the costs described in paragraph (1)(B). ``(f) Definitions.--In this section, the terms `local educational agency', `elementary school', and `secondary school' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section with respect to a child, and any data reporting with respect to the child, who is not eligible for coverage under title XIX or XXI of the Social Security Act, or is not otherwise covered under a health insurance plan, $15,000,000 for each of fiscal years 2003 through 2008. ``(h) Evaluations.--Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report containing data related to whether grants provided under this section have ensured that children at the highest risk for asthma are identified and treated.''. SEC. 4. PAYMENTS FOR SCREENING AND TREATMENT PROVIDED TO CHILDREN ELIGIBLE UNDER MEDICAID OR SCHIP. (a) Medicaid.--Section 1903(c) of the Social Security Act (42 U.S.C. 1396b(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following: ``(2) Nothing in this title or any other provision of law, including the payment limitation commonly known as the `free care rule', shall be construed as prohibiting or restricting, or authorizing the Secretary to prohibit or restrict, payment under subsection (a) for medical assistance for covered services furnished to a child who is eligible for or receiving medical assistance under the State plan and who receives an asthma screening test, or is provided treatment or education in disease management relating to asthma, through a public elementary or secondary school, whether directly or indirectly, and regardless of whether the school participates in a program established under subsection (a) or (b) of section 1120B of the Elementary and Secondary Education Act of 1965.''. (b) SCHIP.--Section 2105 of the Social Security Act (42 U.S.C. 1397ee) is amended by adding at the end the following: ``(g) Required Payment for Certain School-Based Services.--Nothing in this title or any other provision of law (including the payment limitation under title XIX commonly known as the `free care rule' to the extent, if any, such limitation applies to the program established under this title) shall be construed as prohibiting or restricting, or authorizing the Secretary to prohibit or restrict, payment under subsection (a) for child health assistance for covered services furnished to a child who is eligible for or receiving such assistance under the State child health plan and who receives an asthma screening test that is available to children receiving assistance under the State plan, or is provided treatment or education in disease management relating to asthma through a public elementary or secondary school, whether directly or indirectly, and regardless of whether the school participates in a program established under subsection (a) or (b) of section 1120B of the Elementary and Secondary Education Act of 1965.''. SEC. 5. MODEL ASTHMA TREATMENTS CENTERS DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall develop, in conjunction with State medicaid programs under title XIX of the Social Security Act, a demonstration program for model asthma treatment centers. In developing the program, the Secretary shall base the centers on the scientifically validated asthma treatment models developed by the Inner City Asthma Program sponsored by the National Institutes of Health. Such Program has successfully provided education, screening, and treatment services to children with asthma while improving health outcomes and lowering overall health care expenditures. (b) Location.--In developing the demonstration program under this section, the Secretary shall give priority to communities where the prevalence of uncontrolled asthma is high.", "summary": "Federal Asthma Assessment and State Tracking Act of 2002 - Amends the Head Start Act to authorize early Head Start and Head Start programs to carry out asthma screening programs.Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to local educational agencies for asthma screening programs for public school children.Amends the Social Security Act to state that nothing under such Act or other law shall be construed as prohibiting or restricting Medicaid or school-based assistance for children receiving asthma screening tests.Requires the Secretary to develop, in conjunction with State medicaid programs under the Social Security Act, a demonstration program for model asthma treatment centers. Directs that the centers be based on the treatment models developed by the Inner City Asthma Program sponsored by the National Institutes of Health. Directs the Secretary to give priority in developing the program to communities where the prevalence of uncontrolled asthma is high."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Treat and Reduce Obesity Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Centers for Disease Control, about 34 percent of adults aged 65 and over were obese in the period of 2009 through 2012, representing almost 15 million people. (2) Obesity increases the risk for chronic diseases and conditions, including high blood pressure, heart disease, certain cancers, arthritis, mental illness, lipid disorders, sleep apnea, and type 2 diabetes. (3) More than half of Medicare beneficiaries are treated for 5 or more chronic conditions per year. The rate of obesity among Medicare patients doubled from 1987 to 2002, and Medicare spending on obese individuals during that time more than doubled. (4) Men and women with obesity at age 65 have decreased life expectancy of 1.6 years for men and 1.4 years for women. (5) The direct and indirect cost of obesity is more than $450 billion annually. (6) On average, a Medicare beneficiary with obesity costs $1,964 more than a normal-weight beneficiary. (7) The prevalence of obesity among older individuals in the United States is growing at a linear rate and, if nothing changes, nearly half of the elderly population of the United States will have obesity in 2030 according to a Congressional Research Report on obesity. SEC. 3. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS QUALIFIED TO FURNISH INTENSIVE BEHAVIORAL THERAPY. Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)) is amended by adding at the end the following new paragraph: ``(4)(A) Subject to subparagraph (B), the Secretary may, in addition to qualified primary care physicians and other primary care practitioners, cover intensive behavioral therapy for obesity furnished by any of the following: ``(i) A physician (as defined in subsection (r)(1)) who is not a qualified primary care physician. ``(ii) Any other appropriate health care provider (including a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a clinical psychologist, a registered dietitian or nutrition professional (as defined in subsection (vv))). ``(iii) An evidence-based, community-based lifestyle counseling program approved by the Secretary. ``(B) In the case of intensive behavioral therapy for obesity furnished by a provider described in clause (ii) or (iii) of subparagraph (A), the Secretary may only cover such therapy if such therapy is furnished-- ``(i) upon referral from, and in coordination with, a physician or primary care practitioner operating in a primary care setting or any other setting specified by the Secretary; and ``(ii) in an office setting, a hospital out-patient department, a community-based site that complies with the Federal regulations concerning the privacy of individually identifiable health information promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, or another setting specified by the Secretary. ``(C) In order to ensure a collaborative effort, the coordination described in subparagraph (B)(i) shall include the health care provider or lifestyle counseling program communicating to the referring physician or primary care practitioner any recommendations or treatment plans made regarding the therapy.''. SEC. 4. MEDICARE PART D COVERAGE OF OBESITY MEDICATION. (a) In General.--Section 1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended, in the first sentence-- (1) by striking ``and other than'' and inserting ``other than''; and (2) by inserting after ``benzodiazepines),'' the following: ``and other than subparagraph (A) of such section if the drug is used for the treatment of obesity (as defined in section 1861(yy)(2)(C)) or for weight loss management for an individual who is overweight (as defined in section 1861(yy)(2)(F)(i)) and has one or more related comorbidities,''. (b) Effective Date.--The amendments made by subsection (a) shall apply to plan years beginning on or after the date that is 2 years after the date of the enactment of this Act. SEC. 5. REPORT TO CONGRESS. Not later than the date that is 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress describing the steps the Secretary has taken to implement the provisions of, and amendments made by, this Act. Such report shall also include recommendations for better coordination and leveraging of programs within the Department of Health and Human Services and other Federal agencies that relate in any way to supporting appropriate research and clinical care (such as any interactions between physicians and other health care providers and their patients) to treat, reduce, and prevent obesity in the adult population.", "summary": "Treat and Reduce Obesity Act of 2017 This bill allows coverage, under Medicare, of intensive behavioral therapy for obesity furnished by providers other than primary care physicians and practitioners. Additionally, it allows coverage under Medicare's prescription drug benefit of drugs used for the treatment of obesity or for weight loss management for individuals who are overweight."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Computer Crime Enforcement Act''. SEC. 2. STATE GRANT PROGRAM FOR TRAINING AND PROSECUTION OF COMPUTER CRIMES. (a) In General.--Subject to the availability of amounts provided in advance in appropriations Acts, the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof, to-- (1) assist State and local law enforcement in enforcing State and local criminal laws relating to computer crime; (2) assist State and local law enforcement in educating the public to prevent and identify computer crime; (3) assist in educating and training State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime; (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and (5) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multijurisdictional task forces. (b) Use of Grant Amounts.--Grants under this section may be used to establish and develop programs to-- (1) assist State and local law enforcement in enforcing State and local criminal laws relating to computer crime; (2) assist State and local law enforcement in educating the public to prevent and identify computer crime; (3) educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime; (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and (5) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multijurisdictional task forces. (c) Assurances.--To be eligible to receive a grant under this section, a State shall provide assurances to the Attorney General that the State-- (1) has in effect laws that penalize computer crime, such as penal laws prohibiting-- (A) fraudulent schemes executed by means of a computer system or network; (B) the unlawful damaging, destroying, altering, deleting, removing of computer software, or data contained in a computer, computer system, computer program, or computer network; or (C) the unlawful interference with the operation of or denial of access to a computer, computer program, computer system, or computer network; (2) an assessment of the State and local resource needs, including criminal justice resources being devoted to the investigation and enforcement of computer crime laws; and (3) a plan for coordinating the programs funded under this section with other federally funded technical assistant and training programs, including directly funded local programs such as the Local Law Enforcement Block Grant program (described under the heading ``Violent Crime Reduction Programs, State and Local Law Enforcement Assistance'' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105- 119)). (d) Matching Funds.--The Federal share of a grant received under this section may not exceed 90 percent of the costs of a program or proposal funded under this section unless the Attorney General waives, wholly or in part, the requirements of this subsection. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2000 through 2003. (2) Limitations.--Of the amount made available to carry out this section in any fiscal year not more than 3 percent may be used by the Attorney General for salaries and administrative expenses. (3) Minimum amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands each shall be allocated 0.25 percent. (f) Grants to Indian Tribes.--Notwithstanding any other provision of this section, the Attorney General may use amounts made available under this section to make grants to Indian tribes for use in accordance with this section.", "summary": "Computer Crime Enforcement Act - Directs the Office of Justice Programs to make a grant to each State, subject to the availability of appropriations, which shall be used to: (1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating, and in educating the public to prevent and identify, computer crime; (2) assist in educating and training State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime; (3) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and (4) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multi-jurisdictional task forces. Requires a State, to be eligible to receive a grant, to provide assurances to the Attorney General that the State has: (1) in effect laws that penalize computer crime; (2) made an assessment of the State and local resource needs; and (3) a plan for coordinating the programs funded under this Act with other federally funded technical assistant and training programs. Sets the Federal cost share at up to 90 percent, subject to a waiver. Authorizes appropriations. Authorizes the Attorney General to use amounts made available under this Act for grants to Indian tribes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Smoke Free Mothers and Babies Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) At least 1 out of every 10 pregnant women in the United States smokes, which accounts for over 500,000 births per year. (2) Tobacco use during pregnancy causes serious harm to the fetus. Fetal mortality rates are 35 percent higher among pregnant women who smoke than among nonsmokers and the Surgeon General reports that a pregnant woman who smokes is 1.5 to 3.5 times more likely than a non-smoker to have a low birth weight baby. (3) Studies have found that smoking and exposure to secondhand smoke among pregnant women is a major cause of miscarriage, stillbirths, and sudden infant death syndrome (SIDS). (4) Preventing just 1 smoking-related low birth weight baby can save more than $40,000 in health care expenditures. (5) For every $1 spent on smoking cessation for pregnant women, an estimated $3 in neonatal intensive care costs could be avoided. (6) Such expenditures have a disproportionate impact on Medicaid, with estimates indicating that pregnant women on Medicaid are 2.5 times more likely to smoke than pregnant women not on Medicaid. Smoking-attributable neonatal health care costs are estimated to be $1,400,000,000 to $2,000,000,000 annually, and such costs for Medicaid total almost $228,000,000, that is, approximately, $738 per pregnant smoker. (7) States this year will collect $21,300,000,000 from the Master Settlement Agreement of November 23, 1998, between participating tobacco manufacturers and Attorneys General of 46 States, the District of Columbia, the Commonwealth of Puerto Rico, and 4 territories of the United States, other settlement agreements between companies within the tobacco industry and the States of Mississippi, Florida, Texas, and Minnesota, and tobacco taxes (an increase from $20,000,000,000 in fiscal year 2005). States are spending only 2.6 percent of their tobacco revenue on tobacco prevention and cessation. (8) Evidence shows that the cuts States have made in tobacco prevention funding since 2002 have slowed or possibly stalled recent declines in youth smoking, putting further progress at risk. SEC. 3. PROMOTING CESSATION OF TOBACCO USE BY PREGNANT WOMEN UNDER THE MEDICAID PROGRAM. (a) Requiring Coverage of Counseling and Pharmacotherapy for Cessation of Tobacco Use by Pregnant Women.--Section 1905 of the Social Security Act (42 U.S.C. 1396d(a)(4)) is amended-- (1) in subsection (a)(4)-- (A) by striking ``and'' before ``(C)''; and (B) by inserting before the semicolon at the end the following new subparagraph: ``; and (D) counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in subsection (y))''; and (2) by adding at the end the following: ``(y)(1) For purposes of this title, the term `counseling and pharmacotherapy for cessation of tobacco use by pregnant women' means diagnostic, therapy, and counseling services and pharmacotherapy (including the coverage of prescription and nonprescription tobacco cessation agents approved by the Food and Drug Administration) for cessation of tobacco use by pregnant women who use tobacco products or who are being treated for tobacco use that is furnished-- ``(A) by or under the supervision of a physician; or ``(B) by any other health care professional who-- ``(i) is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and ``(ii) is authorized to receive payment for other services under this title or is designated by the Secretary for this purpose. ``(2) Subject to paragraph (3), such term is limited to-- ``(A) services recommended with respect to pregnant women in `Treating Tobacco Use and Dependence: A Clinical Practice Guideline', published by the Public Health Service in June 2000, or any subsequent modification of such Guideline; and ``(B) such other services that the Secretary recognizes to be effective for cessation of tobacco use by pregnant women. ``(3) Such term shall not include coverage for drugs or biologicals that are not otherwise covered under this title.''. (b) Exception From Optional Restriction Under Medicaid Prescription Drug Coverage.--Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended-- (1) in subparagraph (E), by inserting before the period at the end the following: ``, except in the case of pregnant women when recommended in accordance with the Guideline referred to in section 1905(y)(2)(A)''; and (2) in subparagraph (G), by inserting before the period at the end the following: ``, except, in the case of pregnant women when recommended in accordance with the Guideline referred to in section 1905(y)(2)(A), agents approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco cessation''. (c) Removal of Cost-Sharing for Counseling and Pharmacotherapy for Cessation of Tobacco Use by Pregnant Women.-- (1) General cost sharing limitations.--Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended in each of subsections (a)(2)(B) and (b)(2)(B) by inserting ``, and counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in section 1905(y)) and covered outpatient drugs (as defined in subsection (k)(2) of section 1927 and including nonprescription drugs described in subsection (d)(2) of such section) that are prescribed for purposes of promoting, and when used to promote, tobacco cessation by pregnant women in accordance with the Guideline referred to in section 1905(y)(2)(A)'' after ``complicate the pregnancy''. (2) Application to alternative cost sharing.--Section 1916A(b)(3)(B)(iii) of such Act (42 U.S.C. 1396o- 1(b)(3)(B)(iii)) is amended by inserting ``, and counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in section 1905(y))'' after ``complicate the pregnancy''. (d) Increased FMAP for Tobacco Cessation Counseling Services and Medications.--The first sentence of section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by inserting the following before the period: ``, or medical assistance for counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in subsection (y)) and for covered outpatient drugs (as defined in subsection (k)(2) of section 1927 and including nonprescription drugs described in subsection (d)(2) of such section) that are prescribed for purposes of promoting, and when used to promote, tobacco cessation by pregnant women in accordance with the Guideline referred to in subsection (y)(2)(A)''. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after the first fiscal year quarter that begins after the date of enactment of this Act.", "summary": "Smoke Free Mothers and Babies Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to require coverage, without cost-sharing, of counseling and pharmacotherapy for cessation of tobacco use by pregnant women. Provides for an increased federal medical assistance percentage (FMAP) for tobacco cessation counseling services and medications."}
{"article": "SECTION 1. PURPOSE. The purpose of this Act is to authorize and provide funding for the Bureau of Reclamation to continue the implementation of the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins in order to accomplish the objectives of these programs within a currently established time schedule. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``Recovery Implementation Programs'' means the intergovernmental programs established pursuant to the 1988 Cooperative Agreement to implement the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River dated September 29, 1987, and the 1992 Cooperative Agreement to implement the San Juan River Recovery Implementation Program dated October 21, 1992, and as they may be amended by the parties thereto. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Upper Division States'' means the States of Colorado, New Mexico, Utah, and Wyoming. (4) The term ``Colorado River Storage Project'' or ``storage project'' means those dams, reservoirs, power plants, and other appurtenant project facilities and features authorized by and constructed in accordance with the Colorado River Storage Project Act (43 U.S.C. 620 et seq.). (5) The term ``capital projects'' means planning, design, permitting or other compliance, pre-construction activities, construction, construction management, and replacement of facilities, and the acquisition of interests in land or water, as necessary to carry out the Recovery Implementation Programs. (6) The term ``facilities'' includes facilities for the genetic conservation or propagation of the endangered fishes, those for the restoration of floodplain habitat or fish passage, those for control or supply of instream flows, and those for the removal or translocation of nonnative fishes. (7) The term ``interests in land and water'' includes, but is not limited to, long-term leases and easements, and long-term enforcement, or other agreements protecting instream flows. (8) The term ``base funding'' means funding for operation and maintenance of capital projects, implementation of recovery actions other than capital projects, monitoring and research to evaluate the need for or effectiveness of any recovery action, and program management, as necessary to carry out the Recovery Implementation Programs. Base funding also includes annual funding provided under the terms of the 1988 Cooperative Agreement and the 1992 Cooperative Agreement. (9) The term ``recovery actions other than capital projects'' includes short-term leases and agreements for interests in land, water, and facilities; the reintroduction or augmentation of endangered fish stocks; and the removal, translocation, or other control of nonnative fishes. (10) The term ``depletion charge'' means a one-time contribution in dollars per acre-foot to be paid to the United States Fish and Wildlife Service based on the average annual new depletion by each project. SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS. (a) Authorization of Appropriations for Federal Participation in Capital Projects.--(1) There is hereby authorized to be appropriated to the Secretary, $46,000,000 to undertake capital projects to carry out the purposes of this Act. Such funds shall be considered a nonreimbursable Federal expenditure. (2) The authority of the Secretary, acting through the Bureau of Reclamation, under this or any other provision of law to implement capital projects for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin shall expire in fiscal year 2005 unless reauthorized by an Act of Congress. (3) The authority of the Secretary to implement the capital projects for the San Juan River Basin Recovery Implementation Program shall expire in fiscal year 2007 unless reauthorized by an Act of Congress. (b) Cost of Capital Projects.--The total costs of the capital projects undertaken for the Recovery Implementation Programs receiving assistance under this Act shall not exceed $100,000,000 of which-- (1) costs shall not exceed $82,000,000 for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin through fiscal year 2005; and (2) costs shall not exceed $18,000,000 for the San Juan River Recovery Implementation Program through fiscal year 2007. The amounts set forth in this subsection shall be adjusted by the Secretary for inflation in each fiscal year beginning after the enactment of this Act. (c) Non-Federal Contributions to Capital Projects.--(1) The Secretary, acting through the Bureau of Reclamation, may accept contributed funds from the Upper Division States, or political subdivisions or organizations with the Upper Division States, pursuant to agreements that provide for the contributions to be used for capital projects costs. Such non-Federal contributions shall not exceed $17,000,000. (2) In addition to the contribution described in paragraph (1), the Secretary of Energy, acting through the Western Area Power Administration, and the Secretary of the Interior, acting through the Bureau of Reclamation, may utilize power revenues collected pursuant to the Colorado River Storage Project Act to carry out the purposes of this subsection. Such funds shall be treated as reimbursable costs assigned to power for repayment under section 5 of the Colorado River Storage Project Act. This additional contribution shall not exceed $17,000,000. Such funds shall be considered a non-Federal contribution for the purposes of this Act. The funding authorized by this paragraph over any 2-fiscal-year period shall be made available in amounts equal to the contributions for the same 2-fiscal-year period made by the Upper Division States pursuant to paragraph (1). (3) The additional funding provided pursuant to paragraph (2) may be provided through loans from the Colorado Water Conservation Board Construction Fund (37-60-121 C.R.S.) to the Western Area Power Administration in lieu of funds which would otherwise be collected from power revenues and used for storage project repayments. The Western Area Power Administration is authorized to repay such loan or loans from power revenues collected beginning in fiscal year 2012, subject to an agreement between the Colorado Water Conservation Board, the Western Area Power Administration, and the Bureau of Reclamation. The agreement and any future loan contracts that may be entered into by the Colorado Water Conservation Board, the Western Area Power Administration, and the Bureau of Reclamation shall be negotiated in consultation with Salt Lake City Area Integrated Projects Firm Power Contractors. The agreement and loan contracts shall include provisions designed to minimize impacts on electrical power rates and shall ensure that loan repayment to the Colorado Water Conservation Board, including principal and interest, is completed no later than September 30, 2057. The Western Area Power Administration is authorized to include in power rates such sums as are necessary to carry out this paragraph and paragraph (2). (4) All contributions made pursuant to this subsection shall be in addition to the cost of replacement power purchased due to modifying the operation of the Colorado River Storage Project and the capital cost of water from Wolford Mountain Reservoir in Colorado. Such costs shall be considered as non-Federal contributions, not to exceed $20,000,000. (d) Base Funding.--(1) Beginning in the first fiscal year commencing after the date of the enactment of this Act, the Secretary may utilize power revenues collected pursuant to the Colorado River Storage Project Act for the annual base funding contributions to the Recovery Implementation Programs by the Bureau of Reclamation. Such funding shall be treated as nonreimbursable and as having been repaid and returned to the general fund of the Treasury as costs assigned to power for repayment under section 5 of the Colorado River Storage Project Act. (2) For the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River Basin, the contributions to base funding referred to in paragraph (1) shall not exceed $4,000,000 per year. For the San Juan River Recovery Implementation Program, such contributions shall not exceed $2,000,000 per year. The Secretary shall adjust such amounts for inflation in fiscal years commencing after the enactment of this Act. The utilization of power revenues for annual base funding shall cease after the fiscal year 2011, unless reauthorized by Congress; except that power revenues may continue to be utilized to fund the operation and maintenance of capital projects and monitoring. No later than the end of fiscal year 2008, the Secretary shall submit a report on the utilization of power revenues for base funding to the appropriate Committees of the United States Senate and the House of Representatives. The Secretary shall also make a recommendation in such report regarding the need for continued base funding after fiscal year 2011 that may be required to fulfill the goals of the Recovery Implementation Programs. Nothing in this Act shall otherwise modify or amend existing agreements among participants regarding base funding and depletion charges for the Recovery Implementation Programs. (3) The Western Area Power Administration and the Bureau of Reclamation shall maintain sufficient revenues in the Colorado River Basin Fund to meet their obligation to provide base funding in accordance with paragraph (2). If the Western Area Power Administration and the Bureau of Reclamation determine that the funds in the Colorado River Basin Fund will not be sufficient to meet the obligations of section 5(c)(1) of the Colorado River Storage Project Act for a 3-year period, the Western Area Power Administration and the Bureau of Reclamation shall request appropriations to meet base funding obligations. (e) Authority To Retain Appropriated Funds.--At the end of each fiscal year any unexpended appropriated funds for capital projects under this Act shall be retained for use in future fiscal years. Unexpended funds under this Act that are carried over shall continue to be used to implement the capital projects needed for the Recovery Implementation Programs. (f) Additional Authority.--The Secretary may enter into agreements and contracts with Federal and non-Federal entities, acquire and transfer interests in land, water, and facilities, and accept or give grants in order to carry out the purposes of this Act. (g) Indian Trust Assets.--The Congress finds that much of the potential water development in the San Juan River Basin and in the Duchesne River Basin (a subbasin of the Green River in the Upper Colorado River Basin) is for the benefit of Indian tribes and most of the federally designated critical habitat for the endangered fish species in the San Juan River Basin is on Indian trust lands, and 2\\1/ 2\\ miles of critical habitat on the Duchesne River is on Indian Trust Land. Nothing in this Act shall be construed to restrict the Secretary, acting through the Bureau of Reclamation and the Bureau of Indian Affairs, from funding activities or capital projects in accordance with the Federal Government's Indian trust responsibility. (h) Termination of Authority.--All authorities provided by this section for the respective Recovery Implementation Program shall terminate upon expiration of the current time period for the respective Cooperative Agreement referenced in section 2(1) unless, at least 1 year prior to such expiration, the time period for the respective Cooperative Agreement is extended to conform with this Act. SEC. 4. EFFECT ON RECLAMATION LAW. Specifically with regard to the acreage limitation provisions of Federal reclamation law, any action taken pursuant to or in furtherance of this title will not-- (1) be considered in determining whether a district as defined in section 202(2) of the Reclamation Reform Act of 1982 (43 U.S.C. 390bb) has discharged its obligation to repay the construction cost of project facilities used to make irrigation water available for delivery to land in the district; (2) serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of its construction obligations; or (3) serve as the basis for increasing the construction repayment obligation of the district and thereby extending the period during which the acreage limitation provisions will apply. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Authorizes: (1) the Secretary to accept up to $17 million in contributed funds from Colorado, New Mexico, Utah, and Wyoming (the Upper Division States), or political subdivisions or organizations thereof, pursuant to agreements that provide for the contributions to be used for capital project costs; (2) the Secretary and the Secretary of Energy, acting through the Western Area Power Administration, to utilize for such projects up to $17 million in power revenues collected pursuant to the Colorado River Storage Project Act; and (3) the Secretary to utilize such power revenues for the annual base funding contributions to the programs by the Bureau for a specified period. Requires the Secretary to report to the appropriate congressional committees on the utilization of such power revenues for base funding. Authorizes the retention of unexpended appropriated funds for projects under this Act for use in future fiscal years. States that nothing in this Act shall restrict the Secretary from funding activities or capital projects in accordance with the Federal Government's Indian trust responsibility. Terminates all authorities for the respective Program upon the expiration of the current time period for the respective Cooperative Agreement unless, at least one year prior to expiration, the time period for such Agreement is extended. Provides that no action taken pursuant to this Act shall: (1) be considered in determining whether a district has discharged its obligation to repay the construction cost of project facilities used to make irrigation water available for delivery to land in the district; (2) serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of its construction obligations; or (3) serve as the basis for increasing the construction repayment obligation of the district and thereby extending the period during which the acreage limitation provisions will apply."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Global Health Technology Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Applied research and development is a critical component of United States leadership in global health. Research and innovation can help to break the cycle of aid dependency by providing sustainable solutions to long-term problems. Research and development for global health is crucial for meeting new and emerging challenges, creating efficiencies, strengthening health systems, shifting tasks and strengthening workforces, and increasing access to health services for the most vulnerable. Research suggests that advances in health and medical technologies have been the major drivers behind massive improvements in health worldwide over the past century, resulting in an average increase in life expectancies of 21 years in low- and middle-income countries between 1960 and 2002. (2) Because of its presence in the field, the United States Agency for International Development (USAID) is uniquely placed to assess local health conditions, then partner with public and private stakeholders to ensure the development and timely introduction and scale-up of tools that are culturally acceptable, address serious and all-too-common health problems, and contribute to the strengthening of health systems. In a recent report to Congress, USAID calls health research ``integral'' to its ``ability to achieve its health and development objectives worldwide'' and states that innovation through research allows the agency ``to develop and introduce affordable health products and practices and contribute to policies appropriate for addressing health-related concerns in the developing world''. In 2006, USAID outlined a five-year health research strategy: ``Report to Congress: Health-Related Research and Development Activities at USAID (HRRD), May 2006'', with a timeline through 2010. (3) Congress notes the interrelated initiatives that USAID has taken to advance science, technology, and innovation for development, including the Grand Development Challenges, the Innovation Fund, Development Innovation Ventures, the Development Lab, and the Innovation Fellowship. (4) Applied research and development at USAID-- (A) facilitates public-private collaboration in the development of global health technologies; (B) leverages public and private sector support for early stage research and development of health technologies to encourage private sector investment in late-stage technology development and product introduction in developing countries; (C) benefits the United States economy by investing in the growing United States global health technology sector, which-- (i) provides skilled jobs for American workers; (ii) creates opportunities for United States businesses in the development and production of new technologies; and (iii) enhances United States competitiveness in the increasingly technological and knowledge-based global economy; and (D) enhances United States national security by-- (i) reducing the risk of pandemic disease; and (ii) contributing to economic development and stability in developing countries. (5) Investments by the United States in affordable, appropriate health technologies, such as medical devices for maternal, newborn, and child care; new vaccines; new vaccine technologies and delivery tools; safe injection devices; diagnostic tests for infectious diseases; new tools for water, sanitation, and nutrition; multipurpose prevention technologies; information systems and mobile health and information systems; and innovative disease prevention strategies-- (A) reduce the risk of disease transmission; (B) accelerate access to life-saving global health interventions for the world's poor; (C) reduce the burden on local health systems; and (D) have been found by the United States Government and the World Health Organization to result in significant cost savings for development assistance funds. (6) Product development partnerships (PDPs) are one model that is successfully accelerating research to benefit the developing world. PDPs are non-profit, nongovernmental entities that work to accelerate the development of new tools to fight diseases in resource-poor settings. Typically, PDPs manage resources and partnerships from across public, private, and philanthropic sectors to drive the development of a full pipeline of potential new products that could save and improve lives in the developing world. USAID has played a significant role in advancing the PDP model through its financial support. Over the past decade, the achievements of PDPs have become increasingly successful at advancing new products through the development pipeline towards registration, product introduction, and use. (7) Through a cooperative agreement, known as the Health Technologies program, USAID supports the development of technologies that-- (A) maximize the limited resources available for global health; and (B) ensure that products and medicines developed for use in low-resource settings reach the people that need such products and medicines. Through the Health Technologies program, 85 technologies have been invented, designed, developed, or co-developed, with many of these technologies moved to global use and billions of units used worldwide. Over its 25-year history, more than 95 private- sector collaborators have been involved in the Health Technologies program, matching USAID dollars two to one. (8) USAID's translational research is complementary to the work of other agencies: (A) The Quadrennial Development and Diplomacy Review (QDDR) proposes to transition leadership of the Global Health Initiative (GHI) to USAID with a target date of the end of 2012. A core principle of the GHI is ``Research and innovation''. (B) The Presidential Policy Directive on Global Development identifies innovation as contributing to the resolution of ``long-standing development challenges''. (C) The QDDR affirms that ``US leadership in science and innovation is often linked to our ability to contribute to a safer, healthier, and more stable world.''. SEC. 3. PURPOSES. The purpose of this Act is to codify the cooperative agreement, known as the Health Technologies program, in effect as of the date of the enactment of this Act, under which the United States Agency for International Development supports the development of technologies for global health to-- (1) improve global health; (2) reduce maternal, newborn, and child mortality rates; (3) reverse the incidence of HIV/AIDS, malaria, tuberculosis, and other infectious diseases; (4) reduce the burden of chronic diseases; and (5) support research and development that is consistent with a global development strategy and other related strategies developed by USAID. SEC. 4. CODIFICATION OF HEALTH TECHNOLOGIES PROGRAM. Section 107 the Foreign Assistance Act of 1961 (22 U.S.C. 2151e) is amended by adding at the end the following: ``(c) Health Technologies Program.--(1) There is established in the United States Agency for International Development (USAID) a health technologies program (referred to in this subsection as the `program'). ``(2) The program shall develop, advance, and introduce affordable, available, and appropriate and primarily late-stage technologies specifically designed to-- ``(A) improve the health and nutrition of populations in developing countries; ``(B) reduce maternal, newborn, and child mortality in such countries; and ``(C) improve the diagnosis, prevention, and reduction of disease, especially HIV/AIDS, malaria, tuberculosis, and other infectious diseases, in such countries. ``(3) The program shall be carried out under a cooperative agreement between USAID and one or more institutions with a successful record of-- ``(A) advancing the technologies described in paragraph (2); and ``(B) integrating practical field experience into the research and development process in order to introduce the most appropriate technologies. ``(4) The provisions of this subsection codify the cooperative agreement, known as the Health Technologies program, in effect as of the date of the enactment of this subsection, under which USAID supports the development of technologies for global health. The provisions of this subsection do not establish a new cooperative agreement or program for such purposes.''. SEC. 5. REPORT ON RESEARCH AND DEVELOPMENT ACTIVITIES AT USAID. (a) In General.--The Administrator of the United States Agency for International Development (referred to in this subsection as ``USAID'') shall submit to Congress an annual report on research and development activities at USAID. (b) Matters To Be Included.--The report required by subsection (b) shall describe-- (1) updates on its strategy for using research funds to stimulate the development and introduction of key products; (2) USAID's collaborations and coordination with other Federal departments and agencies in support of translational and applied global health research and development; (3) its investments for the fiscal year in science, technology, and innovation; (4) how these technologies and research products complement the work being done by other Federal departments and agencies, if applicable; and (5) technologies and research products that have been introduced into field trials or use.", "summary": "21st Century Global Health Technology Act - Amends the Foreign Assistance Act of 1961 to establish in the United States Agency for International Development (USAID) the Health Technology Program which shall: (1) develop and introduce technologies designed to improve health and nutrition in developing countries, reduce maternal, newborn, and child mortality, and improve disease diagnosis and prevention, especially HIV/AIDS, malaria, tuberculosis, and other infectious diseases; and (2) be carried out under a cooperative agreement between USAID and one or more institutions with a successful record of advancing such technologies and integrating practical field experience into the research and development process. Codifies the Program."}
{"article": "SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Minimum Tax Reform Act of 1993''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. DEPRECIATION ADJUSTMENT USED IN COMPUTING ALTERNATIVE MINIMUM TAXABLE INCOME. (a) 150-Percent Declining Balance Method.-- (1) In general.--Paragraph (1) of section 56(a) (relating to depreciation) is amended to read as follows: ``(1) Depreciation.-- ``(A) 150-percent declining balance method.-- ``(i) In general.--In the case of property not described in clause (ii), the depreciation deduction allowable under section 167 shall be determined as provided in section 168(a), except that the applicable depreciation method under section 168(a)(1) shall be-- ``(I) the 150-percent declining balance method (200-percent declining balance method in the case of computer or peripheral equipment (as defined in section 168(i)(2)(B)), ``(II) switching to the straight line method for the 1st taxable year for which using the straight line method with respect to the adjusted basis as of the beginning of the year will yield a higher allowance. ``(ii) Property not using 150-percent method.--Property described in this clause is section 1250 property (as defined in section 1250(c)) or any other property if the depreciation deduction determined under section 168 with respect to such other property for purposes of the regular tax is determined by using the straight line method. ``(B) Normalization rules.--With respect to public utility property described in section 168(i)(10), the Secretary shall prescribe the requirements of a normalization method of accounting for this section.''. (2) No adjustment for adjusted current earnings system.-- Clause (i) of section 56(g)(4)(A) (relating to depreciation adjustments for computing adjusted current earnings) is amended by adding at the end the following new sentence: ``The preceding sentence shall not apply to property placed in service in taxable years beginning after December 31, 1992, and the depreciation deduction with respect to such property shall be determined under the rules of subsection (a)(1)(A).''. (b) Exception for Environmental Property.-- (1) In general.--Section 56(a)(1) (relating to depreciation adjustments), as amended by subsection (a)(1), is amended by adding at the end the following new subparagraph: ``(C) Environmental improvement assets.--This paragraph shall not apply to environmental improvement assets (as defined in section 59(k)).''. (2) Environmental improvement assets.--Section 59 (relating to definition and special rules) is amended by adding at the end the following new subsection: ``(k) Environmental Improvement Assets.-- ``(1) In general.--For purposes of section 56(a)(1)(B), the term `environmental improvement asset' means tangible property which is-- ``(A) of a character subject to the allowance for depreciation provided in section 167; ``(B) used for, or is functionally related to property used for, one or more of the following purposes-- ``(i) source reduction, ``(ii) solid waste minimization, ``(iii) waste conversion or recycling, ``(iv) reduction of environmental hazards, ``(v) compliance with environmental permits, rules, and similar requirements, including requirements with respect to noise pollution such as the reduction of aircraft noise level to stage 3 noise level (as defined in 14 CFR Sec. 36.1(f)(5)), ``(vi) prevention, containment or control of unplanned releases, or ``(vii) the manufacture, distribution and sale of alternate fuels and blending stocks or fuel additives for reformulated fuels, and ``(C) except in the case of property used for the reduction of aircraft noise levels described in subparagraph (B)(v), located and used exclusively in the United States during the taxable year. If only a portion of property described in subparagraphs (A) and (C) is described in subparagraph (B), such portion shall be treated as an environmental improvement asset. ``(2) Other definitions.--For purposes of this subsection-- ``(A) Source reduction.--The term `source reduction' means reduction of the amount of regulated substances or other pollutants from fixed or mobile sources released into the environment if such reduction reduces hazards to public health or environment. ``(B) Solid waste minimization.--The term `solid waste minimization' means the reduction in the generation of, or the recovery of commercially usable products from, residual materials which are classified as, or which if disposed would be classified as, solid wastes (within the meaning of the Resource Conservation and Recovery Act). ``(C) Waste conversion or recycling.--The term `waste conversion or recycling' means the processing or conversion of liquid, solid, or gaseous wastes into fuel, energy, or other commercially usable products, and the production of such products if production occurs at the same facility as the conversion. ``(D) Abatement of environmental hazards.--The term `abatement of environmental hazards' includes the abatement, reduction, monitoring, or stabilization of potential human exposure to toxic chemicals, hazardous or extremely hazardous substances, or harmful radiation. ``(E) Unplanned releases.--The term `unplanned releases' means any release of regulated substances (except federally permitted releases), including indoor releases. ``(F) Regulated substance.--The term `regulated substance' includes any substance the release or emission of which is prohibited, limited, or regulated by Federal or State law or by Federal regulations (as determined without regard to whether a particular release would have been prohibited or limited). ``(G) Release.--The term `release' means any spilling, leaking, pouring, discharging, escaping, dumping, or disposing into the environment, including the abandonment or discarding of barrels or other closed receptacles.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after December 31, 1992. SEC. 3. PRE-1993 MINIMUM TAX ALLOWED AS CREDIT AGAINST MINIMUM TAX FOR CERTAIN TAXPAYERS. (a) In General.--Section 53(c) (relating to limitation) is amended by adding at the end the following new paragraph: ``(2) Special rule for certain taxpayers with pre-1993 unused minimum tax credits.-- ``(A) In general.--If a taxpayer had an unused minimum tax credit for at least 3 of the taxable years in the testing period, then, subject to the limitation of subparagraph (B), the limitation under paragraph (1) for any taxable year following the testing period shall in no event be less than 50 percent of the excess (if any) of-- ``(I) the tentative minimum tax for such taxable year, over ``(II) the sum of the credits allowable under subparts A, B, D, E, and F of this part. ``(B) Limitation.-- ``(i) In general.--The aggregate increases in the limitation under paragraph (1) by reason of subparagraph (A) shall not exceed the pre- 1993 unused minimum tax credits. ``(ii) Ordering rule.--For purposes of clause (i), any credit under subsection (a) for taxable years following the testing period shall be treated as allocated to pre-1993 unused minimum tax credits until such credits are used up. ``(C) Definitions.--For purposes of this paragraph-- ``(i) Testing period.--The term `testing period' means the 5-taxable year period ending with the taxpayer's last taxable year beginning in 1992. ``(ii) Pre-1993 unused minimum tax credits.--The term `pre-1993 unused minimum tax credits' means the credits allowable under subsection (a) remaining unused as of the close of the testing period.''. (b) Conforming Amendments.--Section 53(c) (as in effect before the amendment made by subsection (a)) is amended-- (1) by striking ``The'' and inserting: ``(1) In general.--Except as provided in paragraph (2), the'', and (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 4. ALLOWANCE OF GENERAL BUSINESS CREDIT AGAINST PORTION OF MINIMUM TAX. (a) In General.--Subparagraph (A) of section 38(c)(1) (relating to limitation based on amount of tax) is amended by inserting ``75 percent of'' before ``the tentative minimum tax''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1992.", "summary": "Minimum Tax Reform Act of 1993 - Amends the Internal Revenue Code to revise adjustments in computing alternative minimum taxable income and allow companies to use the 150-percent declining balance method to compute depreciation, except for environmental assets. Allow s a 200 percent declining balance method in the case of computer or peripheral equipment. Allows companies to use pre-1993 minimum tax credits against alternative tax liability for up to 50 percent of that liability, with limitations. Allows businesses to reduce up to 25 percent of their minimum tax liabilty with general business credits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-terrorism Information Sharing Is Strength Act''. SEC. 2. INFORMATION SHARING. (a) In General.--Section 314 of the USA PATRIOT Act (31 U.S.C. 5311 note) is amended-- (1) in subsection (b)-- (A) by striking ``terrorist or money laundering activities'' and inserting ``terrorist acts, money laundering activities, or a specified unlawful activity (as defined under section 1956(c)(7) of title 18, United States Code)''; and (B) by striking ``activities that may involve terrorist acts or money laundering activities'' and inserting ``activities that may involve terrorist acts, money laundering activities, or a specified unlawful activity''; and (2) in subsection (c), by inserting ``or a specified unlawful activity (as defined under section 1956(c)(7) of title 18, United States Code)'' after ``terrorist acts or money laundering activities''. (b) Update to Regulations.--Section 314(a) of the USA PATRIOT Act (31 U.S.C. 5311 note) is amended by striking ``or money laundering activities'' each place such term appears and inserting ``, money laundering activities, or a specified unlawful activity (as defined under section 1956(c)(7) of title 18, United States Code)''. (c) Sense of Congress.--Section 314 of the USA PATRIOT Act (31 U.S.C. 5311 note) is amended by adding at the end the following: ``(e) Sense of Congress.--It is the sense of the Congress that, in furtherance of efforts to stop the financing of terror and other forms of illicit financing through increased sharing of information, and consistent with the need to prevent inappropriate dissemination of such information-- ``(1) Federal law enforcement agencies and regulators should share information about terrorist activities, money laundering activities, and other specified unlawful activities (as defined under section 1956(c)(7) of title 18, United States Code) to the fullest extent possible and in a timely fashion; and ``(2) financial institutions, including nonbank financial institutions, should share information about such acts and activities with each other to the fullest extent possible and in a timely fashion.''. SEC. 3. DISCLOSURE LIABILITY. Section 5318(g)(3)(B) of title 31, United States Code, is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(iii) any duty or requirement of a financial institution or any director, officer, employee, or agent of such institution to demonstrate to any person, as used in such subparagraph, that a disclosure referenced in such subparagraph is made in good faith.''. SEC. 4. REPORT TO CONGRESS. (a) In General.--Not later than the end of the 120-day period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate regarding-- (1) the Department of the Treasury's assessment of the risks and benefits of allowing sharing of information, consistent with appropriate privacy protections-- (A) between United States financial institutions and foreign financial institutions; (B) between United States financial institutions and their foreign subsidiaries; and (C) between United States subsidiaries of foreign financial institutions and their parent financial institutions; and (2) whether a financial institution defined under section 5312(a)(2) of title 31, United States Code, that is not required under Treasury regulations on the date of the enactment of this Act to maintain an anti-money laundering program, should be authorized to appropriately share information pursuant to subsection (b) of section 314 of the USA PATRIOT Act, if-- (A) the financial institution voluntarily establishes and maintains such an anti-money laundering program; (B) such program is subject to examination, and has been examined, by the appropriate regulator; and (C) the Secretary determines such program to be adequately operating. (b) Separate Presentation of Classified Material.--Any part of the report described under subsection (a) that involves information which is properly classified under criteria established by the President shall be submitted to the committees described under subsection (a) separately in a classified annex and, if requested by the chairman or ranking Member of one of such committees, as a briefing at an appropriate level of security. SEC. 5. RULEMAKING. Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations to be consistent with the amendments made by this Act.", "summary": "Anti-terrorism Information Sharing Is Strength Act This bill amends the USA PATRIOT Act to allow two or more financial institutions and any association of financial institutions, upon notice provided to the Department of the Treasury, to share information with one another regarding individuals, entities, organizations, and countries suspected of the unlawful activity the proceeds of which form the basis of a money laundering offense. A financial institution or association that transmits, receives, or shares such information to identify and report this activity shall not be liable to any person for such disclosure or for any failure to provide notice of it to the subject, or any other person identified in the disclosure, except where the transmission, receipt, or sharing violates the Act or regulations promulgated under it. The bill expresses the sense of Congress concerning the need for federal law enforcement agencies and regulators, as well as financial institutions, to share information about terrorist activities, money laundering activities, and unlawful activities to the fullest extent possible and in a timely fashion."}
{"article": "SECTION 1. DISCLOSURE OF PAID COMMUNICATIONS CAMPAIGNS TO INFLUENCE THE GENERAL PUBLIC TO LOBBY CONGRESS. (a) Applicability.--The amendments made by this section shall not apply to any person or entity other than a lobbying firm that is retained on behalf of a client other than that person or entity. No person or entity other than a lobbying firm is required to register or file a report under the amendments made by this section. (b) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended-- (1) in paragraph (7), by adding at the end the following: ``For purposes of a lobbying firm only, the term `lobbying activities' includes paid communications campaigns to influence the general public to lobby Congress.''; (2) in paragraph (9)-- (A) in the first sentence-- (i) by striking ``means a person'' and inserting ``(A) means-- ``(i) a person''; (ii) by moving the remaining text of the sentence 4 ems to the right; and (iii) by striking ``entity.'' and inserting ``entity; and ``(ii) a person or entity that is retained by 1 or more clients (other than that person or entity) to engage in paid communications campaigns to influence the general public to lobby Congress, and receives income of, or spends or agrees to spend, an aggregate of $100,000 or more for such efforts in any quarterly period; and''; and (B) in the last sentence-- (i) by striking ``The term also includes'' and inserting ``(B) includes''; and (ii) by moving the remaining text of the sentence 2 ems to the right; and (3) by adding at the end the following: ``(17) Paid communications campaigns to influence the general public to lobby congress.--The term `paid communications campaigns to influence the general public to lobby Congress' means any efforts by a lobbying firm, on behalf of a client that retains the firm, to influence the general public or segments thereof to contact 1 or more covered legislative or executive branch officials (or Congress generally) to urge such officials (or Congress) to take specific action with respect to a matter described in paragraph (8)(A), except that such term does not include-- ``(A) communications made to the members of the client; or ``(B) direct mail communications to the general public, or segments of the general public, that are made primarily for the purpose of recruiting members to join an organization.''. (c) Registration.--Section 4(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)) is amended by inserting after paragraph (2) the following and redesignating the succeeding paragraph accordingly: ``(3) Filing by certain lobbying firms.--Any person or entity that qualifies as a lobbying firm under section 3(9)(A)(ii) shall register with the Secretary of the Senate and the Clerk of the House of Representatives not later than 45 days after such lobbying firm is first retained by a client to engage in paid communications campaigns to influence the general public to lobby Congress.''. (d) Separate Itemization of Paid Communications Campaigns To Influence the General Public To Lobby Congress.--Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended-- (1) in paragraph (3)-- (A) by striking ``firm, a good'' and inserting ``firm-- ``(A) a good''; (B) by moving the remaining text 2 ems to the right; and (C) by adding at the end the following: ``(B) a separate good faith estimate of the total amount of income relating specifically to paid communications campaigns to influence the general public to lobby Congress, if such income from the client exceeds $50,000 during the quarterly filing period; and''; and (2) by adding at the end the following: ``Subparagraphs (B) and (C) of paragraph (2) shall not apply with respect to reports relating to paid communications campaigns to influence the general public to lobby Congress.''.", "summary": "Amends the Lobbying Disclosure Act of 1995 (LDA) to revise the definition of \"lobbying activities\" (for purposes of a lobbying firm only) to include paid communications campaigns to influence the general public to lobby Congress. Redefines \"lobbying firm\" to include a person or entity retained by one or more clients (other than that person or entity) to engage in paid communications campaigns to influence the general public to lobby Congress, and receives income of, or spends or agrees to spend, an aggregate of $100,000 or more for such efforts in any quarterly period. Defines \"paid communications campaigns to influence the general public to lobby Congress\" as efforts by a lobbying firm, on behalf of a client, to influence the general public or its segments to contact one or more covered legislative or executive branch officials (or Congress generally) to urge them to take specific action regarding a specific matter. Excludes from the meaning of such communications: (1) any made to the members of the client; or (2) direct mail communications to the general public or its segments made primarily to recruit members to join an organization. Sets forth LDA registration and reporting requirements of such lobbying firms."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Patrol Pay Reform Act of 2013''. SEC. 2. BORDER PATROL RATE OF PAY. (a) Purpose.--The purposes of this section are-- (1) to strengthen the U.S. Customs and Border Protection and to ensure that Border Patrol agents are sufficiently ready to conduct necessary work and will perform overtime hours in excess of a 40-hour workweek based on the needs of the employing agency; and (2) to ensure that U.S. Customs and Border Protection has the flexibility to cover shift changes and retains the right to assign scheduled and unscheduled work for mission requirements and planning based on operational need. (b) Rates of Pay.--Subchapter V of chapter 55 of title 5, United States Code, is amended by inserting after section 5549 the following: ``Sec. 5550. Border patrol rate of pay ``(a) Definitions.--In this section-- ``(1) the term `available to work', as used with respect to a Border Patrol agent, means that such agent is generally and reasonably accessible by U.S. Customs and Border Protection to perform unscheduled duty based on the needs of U.S. Customs and Border Protection; ``(2) the term `Border Patrol agent' means an individual who is performing functions included under position classification series 1896 (Border Patrol Enforcement) of the Office of Personnel Management, or any successor thereto, including, in the case of an individual performing the aforementioned functions, while such individual is performing covered border patrol activities; ``(3) the term `covered border patrol activities', as used with respect to a Border Patrol agent, means-- ``(A) detecting and preventing illegal entry and smuggling of aliens, commercial goods, narcotics, weapons, or contraband into the United States; ``(B) arresting individuals suspected of conduct described in subparagraph (A); ``(C) attending training authorized by U.S. Customs and Border Protection; ``(D) being on approved annual, sick, or administrative leave; ``(E) being on ordered travel status; ``(F) being on official time, within the meaning of section 7131; ``(G) being on excused absence with pay for relocation purposes; ``(H) being on light duty due to injury or disability; ``(I) performing administrative duties or mission critical work assignments while maintaining law enforcement authority; ``(J) caring for the canine assigned to the Border Patrol agent, which may not exceed 1 hour per day; or ``(K) engaging in an activity similar to an activity described in any of the preceding subparagraphs while temporarily away from the regular duty assignment of the Border Patrol agent; ``(4) the term `level 1 border patrol rate of pay', as used with respect to a Border Patrol agent, means the rate equal to 1.25 times the hourly rate of basic pay otherwise applicable to such agent; ``(5) the term `level 2 border patrol rate of pay', as used with respect to a Border Patrol agent, means the rate equal to 1.125 times the hourly rate of basic pay otherwise applicable to such agent; and ``(6) the term `work period' means a 14-day biweekly pay period. ``(b) Receipt of Border Patrol Rate of Pay.-- ``(1) Voluntary election.-- ``(A) In general.--Not later than 30 days before the first day of each year beginning after the date of enactment of this section, a Border Patrol agent shall make an election as to whether such agent shall, for such year-- ``(i) be assigned to the level 1 border patrol rate of pay; ``(ii) be assigned to the level 2 border patrol rate of pay; or ``(iii) decline both the level 1 and the level 2 border patrol rates of pay. ``(B) Procedures.--The Director of the Office of Personnel Management shall establish procedures for an election under subparagraph (A). ``(C) Information regarding election.--Not later than 60 days before the first day of each year beginning after the date of the enactment of this section, U.S. Customs and Border Protection shall provide each Border Patrol agent with information regarding each type of election available under subparagraph (A) and how to make such an election. ``(D) Failure to elect.--A Border Patrol agent who fails to make a timely election under subparagraph (A) shall be deemed to have made an election under clause (i) thereof. ``(E) Sense of congress.--It is the sense of Congress that U.S. Customs and Border Protection should take such action as is necessary to ensure that not more than 10 percent of the Border Patrol agents stationed at a location decline to be assigned to the level 1 border patrol rate of pay or the level 2 border patrol rate of pay. ``(2) Level 1 border patrol rate of pay.--For a Border Patrol agent who has in effect an election under paragraph (1)(A)(i)-- ``(A) the Border Patrol agent shall be scheduled to work for 5 days per week-- ``(i) 8 hours of regular time per day; and ``(ii) 2 additional hours of scheduled overtime on each day such agent is scheduled to work under clause (i); ``(B) for the hours of regular time work described in subparagraph (A)(i), the Border Patrol agent shall receive pay at the level 1 border patrol rate of pay; ``(C) for the hours of regularly scheduled overtime work described in subparagraph (A)(ii), the Border Patrol agent shall not receive-- ``(i) additional compensation under this section or any other provision of law; or ``(ii) compensatory time off; ``(D) any hours during which the Border Patrol agent is available to work during a work period shall be included in the hours of regular time or regularly scheduled overtime scheduled under subparagraph (A); ``(E) the Border Patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 100 hours during a work period, as determined in accordance with section 5542(a)(7); and ``(F) the Border Patrol agent shall be charged leave in increments of 8 hours for 1 shift of leave, regardless of the length of the shift. ``(3) Level 2 border patrol rate of pay.--For a Border Patrol agent who has in effect an election under paragraph (1)(A)(ii)-- ``(A) the Border Patrol agent shall be scheduled to work for 5 days per week-- ``(i) 8 hours of regular time per day; and ``(ii) 1 additional hour of scheduled overtime during on each day such agent is scheduled to work under clause (i); ``(B) for the hours of regular time work described in subparagraph (A)(i), the Border Patrol agent shall receive pay at the level 2 border patrol rate of pay; ``(C) for the hours of regularly scheduled overtime work described in subparagraph (A)(ii), the Border Patrol agent shall not receive-- ``(i) additional compensation under this section or any other provision of law; or ``(ii) compensatory time off; ``(D) any hours during which the Border Patrol agent is available to work during a work period shall be included in the hours of regular time or regularly scheduled overtime scheduled under subparagraph (A); ``(E) the Border Patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 90 hours during a work period, as determined in accordance with section 5542(a)(7); and ``(F) the Border Patrol agent shall be charged leave in increments of 8 hours for 1 shift of leave, regardless of the length of the shift. ``(4) Basic border patrol rate of pay.--For a Border Patrol agent who has in effect an election under paragraph (1)(A)(iii)-- ``(A) the Border Patrol agent shall be scheduled to work 8 hours of regular time per day, 5 days per week; ``(B) any hours during which the Border Patrol agent is available to work during a work period shall be included in the hours of regular time scheduled under subparagraph (A); and ``(C) the Border Patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 80 hours during a work period, as determined in accordance with section 5542(a)(7). ``(c) Eligibility for Other Premium Pay.--A Border Patrol agent-- ``(1) shall receive premium pay for night work in accordance with subsections (a) and (b) of section 5545 and Sunday and holiday pay in accordance with section 5546, without regard to the election of the Border Patrol agent under subsection (b)(1)(A), except that section 5546(d) shall not apply and eligibility for pay for, and the rate of pay for, any overtime work shall be determined in accordance with this section and section 5542(a)(7); and ``(2) shall not be eligible for any other form of premium pay under this title, except as provided in section 5542(a)(7). ``(d) Treatment as Basic Pay.--Any pay received at the level 1 border patrol rate of pay or the level 2 border patrol rate of pay or pay described in subsection (b)(3)(B) shall be treated as part of basic pay for-- ``(1) purposes of sections 5595(c), 8114(e), 8331(3), and 8704(c); ``(2) any other purpose that the Office of Personnel Management may by regulation prescribe; and ``(3) any other purpose expressly provided for by law. ``(e) Authority To Require Overtime Work.--Nothing in this section shall be construed to limit the authority of U.S. Customs and Border Protection to require a Border Patrol agent to perform hours of overtime work in accordance with the needs of U.S. Customs and Border Protection, including if needed in the event of a local or national emergency.''. (c) Overtime Work.--Section 5542(a) of title 5, United States Code, is amended by adding at the end the following: ``(7)(A) In this paragraph, the term `Border Patrol agent' has the meaning given such term in section 5550. ``(B) Notwithstanding the matter preceding paragraph (1) or paragraphs (1) and (2), for a Border Patrol agent who has in effect an election to be assigned to the level 1 border patrol rate of pay under section 5550(b)(1)(A)(i)-- ``(i) except as provided in subparagraph (E), hours of work in excess of 100 hours during a 14-day biweekly pay period shall be overtime work; and ``(ii) the Border Patrol agent-- ``(I) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2)) for hours of overtime work that are officially ordered or approved in advance of the work assignment; and ``(II) shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause (I). ``(C) Notwithstanding the matter preceding paragraph (1) or paragraphs (1) and (2), for a Border Patrol agent who has in effect an election to be eligible for the level 2 border patrol rate of pay under section 5550(b)(1)(A)(ii)-- ``(i) except as provided in subparagraph (E), hours of work in excess of 90 hours during a 14-day biweekly pay period shall be overtime work; and ``(ii) the Border Patrol agent-- ``(I) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2)) for hours of overtime work that are officially ordered or approved in advance of the work assignment; and ``(II) shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause (I). ``(D) Notwithstanding the matter preceding paragraph (1) or paragraphs (1) and (2), for a Border Patrol agent who has in effect an election under section 5550(b)(1)(A)(iii)-- ``(i) except as provided in subparagraph (E), hours of work in excess of 80 hours during a 14-day biweekly pay period shall be overtime work; and ``(ii) the Border Patrol agent-- ``(I) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2)) for hours of overtime work that are officially ordered or approved in advance of the work assignment; and ``(II) shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause (I). ``(E)(i) Except as provided in clause (ii), during a 14-day biweekly pay period, a Border Patrol agent shall not perform and may not receive compensatory time off for more than 8 hours of overtime work. ``(ii) U.S. Customs and Border Protection may, as it determines appropriate, waive the limitation under clause (i) for hours of overtime work, but such waiver must be approved in advance of any work being performed that would be subject to compensatory time under subsection (B)(ii)(II), (C)(ii)(II), or (D)(ii)(II). ``(F) A Border Patrol agent-- ``(i) may not earn more than 240 hours of compensatory time off during a year; and ``(ii) shall use any hours of compensatory time off not later than 1 year after the date on which the compensatory time off is accrued.''. (d) Technical and Conforming Amendments.-- (1) Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended-- (A) in paragraph (16), by striking ``or'' after the semicolon; (B) in paragraph (17), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(18) any employee who is a Border Patrol agent, as defined in section 5550(a) of title 5, United States Code.''. (2) The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5549 the following: ``5550. Border patrol rate of pay.''.", "summary": "Border Patrol Pay Reform Act of 2013 - Sets forth additional requirements relating to the rates of pay and terms of employment for U.S. Border Patrol agents (i.e., federal employees who detect and prevent illegal entry and smuggling of aliens, commercial goods, narcotics, weapons, or contraband into the United States). Requires Border Patrol agents to elect each year to: (1) be assigned to either a specified level one or level two border patrol rate of pay governing regular rates of pay and overtime work requirements, or (2) decline both levels. Expresses the sense of Congress that U.S. Customs and Border Protection (CBP) should ensure that not more than 10% of agents stationed at a location decline to be assigned to either the level 1 or level 2 border patrol rate of pay. Empowers CBP, without limitation, to require agents to perform overtime work in accordance with agency needs, including if needed in the event of a local or national emergency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Direct Check for Education Act''. SEC. 2. FINDINGS. Congress finds that-- (1) education should be a national priority but must remain a local responsibility; (2) the Federal Government's regulations and involvement often creates barriers and obstacles to local creativity and reform; (3) parents, teachers, and local school districts must be allowed and empowered to set local education priorities; and (4) schools and education professionals must be accountable to the people and children served. SEC. 3. DEFINITIONS. In this Act: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. SEC. 4. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES. (a) Direct Awards.--From amounts appropriated under subsection (b) and not used to carry out subsection (c), the Secretary shall make direct awards to local educational agencies in amounts determined under subsection (e) to enable the local educational agencies to support programs or activities, for kindergarten through grade 12 students, that the local educational agencies deem appropriate. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $3,500,000,000 for each of the fiscal years 2000 and 2001, $4,000,000,000 for each of the fiscal years 2002 and 2003, and $5,000,000,000 for fiscal year 2004. (c) Multiyear Awards.--The Secretary shall use funds appropriated under subsection (b) for each fiscal year to continue to make payments to eligible recipients pursuant to any multiyear award made prior to the date of enactment of this Act under the provisions of law repealed under subsection (d). The payments shall be made for the duration of the multiyear award. (d) Repeals.--The following provisions of law are repealed: (1) The Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.). (2) Section 307 of the Department of Education Appropriations Act, 1999. (3) Title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.). (4) Part B of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7331 et seq.). (5) Part A of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.). (6) The School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.). (e) Determination of Amount.-- (1) Per child amount.--The Secretary, using the information provided under subsection (f), shall determine a per child amount for a year by dividing the total amount appropriated under subsection (b) for the year, by the average daily attendance of kindergarten through grade 12 students in all States for the preceding year. (2) Local educational agency award.--The Secretary, using the information provided under subsection (f), shall determine the amount provided to each local educational agency under this section for a year by multiplying-- (A) the per child amount determined under paragraph (1) for the year; by (B) the average daily attendance of kindergarten through grade 12 students that are served by the local educational agency for the preceding year. (f) Census Determination.-- (1) In general.--Each local educational agency shall conduct a census to determine the average daily attendance of kindergarten through grade 12 students served by the local educational agency not later than December 1 of each year. (2) Submission.--Each local educational agency shall submit the number described in paragraph (1) to the Secretary not later than March 1 of each year. (g) Penalty.--If the Secretary determines that a local educational agency has knowingly submitted false information under subsection (f) for the purpose of gaining additional funds under this section, then the local educational agency shall be fined an amount equal to twice the difference between the amount the local educational agency received under this section, and the correct amount the local educational agency would have received under this section if the agency had submitted accurate information under subsection (f). (h) Disbursal.--The Secretary shall disburse the amount awarded to a local educational agency under this Act for a fiscal year not later than July 1 of each year. SEC. 5. AUDIT. (a) In General.--The Secretary may conduct audits of the expenditures of local educational agencies under this Act to ensure that the funds made available under this Act are used in accordance with this Act. (b) Sanctions and Penalties.--If the Secretary determines that the funds made available under section 4 were not used in accordance with section 4(a), the Secretary may use the enforcement provisions available to the Secretary under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.).", "summary": "Direct Check for Education Act - Authorizes the Secretary of Education to make direct awards to local educational agencies (LEAs) to support programs or activities, that the LEA deems appropriate, for students in kindergarten through grade 12. Authorizes appropriations. Directs the Secretary to use funds under this Act to continue to make payments to eligible recipients pursuant to, and for the duration of, any multiyear award made prior to enactment of this Act. Repeals the Goals 2000: Educate America Act. Repeals certain provisions of the Department of Education Appropriations Act, 1999 which vested in the National Assessment Governing Board exclusive authority for developing voluntary national tests pursuant to a specified contract. Repeals the following programs under the Elementary and Secondary Education Act of 1965: (1) the Technology for Education program, including national programs, State and local programs for school technology resources, Star Schools, Ready-to-Learn Television, telecommunications demonstration project for mathematics, elementary mathematics and science equipment, and elementary and secondary school library media resources; (2) the State programs component of Innovative Education Program Strategies; and (3) the Fund for the Improvement of Education. Repeals the School-to-Work Opportunities Act of 1994. Directs the Secretary to determine a per-child amount to be awarded to each LEA. Authorizes the Secretary to conduct audits of LEA expenditures under this Act and to enforce certain sanctions and penalties if such funds are not used in accordance with this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Employment and Training Improvement Act of 1997''. SEC. 2. PLAN REVIEW. The third sentence of section 7 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3406) is amended by striking ``shall have the authority to waive any'' and inserting ``shall waive any statutory requirement,''. SEC. 3. PLAN APPROVAL. Section 8 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is amended-- (1) in the first sentence, by inserting before the period at the end the following: ``(including any request for a waiver that is made as part of the plan submitted by the tribal government)''; and (2) in the second sentence, by inserting before the period at the end the following: ``, including reconsidering the disapproval of any waiver requested by the Indian tribe''. SEC. 4. JOB CREATION ACTIVITIES. Section 9 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3408) is amended-- (1) by inserting ``(a) In General.--'' before ``The plan submitted''; and (2) by adding at the end the following: ``(b) Employment Opportunities.-- ``(1) In general.--Notwithstanding any other provision of law, including any requirement of a program that is integrated under a plan under this Act, a tribal government may use a percentage of the funds made available under this Act (as determined under paragraph (2)) for the creation of employment opportunities, including providing private sector training placement under section 10. ``(2) Determination of percentage.--The percentage of funds that a tribal government may use under this subsection is the greater of-- ``(A) the rate of unemployment in the area subject to the jurisdiction of the tribal government; or ``(B) 10 percent.''. SEC. 5. FEDERAL RESPONSIBILITIES. (a) In General.--Section 11(a) of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3410(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``Bureau of Indian Affairs'' and inserting ``Office of Self- Governance of the Department of the Interior''; (2) in paragraph (4), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(5) ensuring an orderly transition with respect to the administration of the programs integrated under the project in such manner as to eliminate any potential adverse effects of the project on any Indian tribe that-- ``(A) has entered into a self-determination contract (as that term is defined in section 4(j) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(j))); or ``(B) receives funding under this Act.''. (b) Personnel.--In carrying out the amendment made by subsection (a)(1), the Secretary of the Interior shall transfer from the Bureau of Indian Affairs to the Office of Self-Governance of the Department of the Interior such personnel and resources as the Secretary determines to be appropriate. SEC. 6. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE INDIAN ECONOMIC DEVELOPMENT PROGRAMS. Section 18 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3417) is amended-- (1) by striking the section heading and inserting the following: ``SEC. 18. ASSIGNMENT OF FEDERAL PERSONNEL TO INDIAN ECONOMIC DEVELOPMENT PROGRAMS.''; and (2) by inserting ``or Indian tribe'' after ``State'' each place it appears. SEC. 7. CONSOLIDATED ADVISORY COMMITTEES. The Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.) is amended by adding at the end the following: ``SEC. 19. CONSOLIDATED ADVISORY COMMITTEE. ``(a) In General.--The head of each Federal agency specified in section 4 that otherwise has jurisdiction over a program that is integrated under this Act (in accordance with a plan under section 6) shall permit a tribal government that carries out that plan to establish a consolidated advisory committee to carry out the duties of each advisory committee that would otherwise be required under applicable law (including any council or commission relating to private industry) to carry out the programs integrated under the plan. ``(b) Waivers.--As necessary to carry out paragraph (1), each agency head referred to in that paragraph shall waive any statutory requirement, regulation, or policy requiring the establishment of an advisory committee (including any advisory commission or council).''. SEC. 8. ALASKA REGIONAL CONSORTIA. The Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.), as amended by section 7 of this Act, is further amended by adding at the end the following: ``SEC. 20. ALASKA REGIONAL CONSORTIA. ``(a) In General.--Notwithstanding any other provision of law, subject to subsection (b), the Secretary shall permit a regional consortium of Alaska Native villages or regional or village corporations (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) to carry out a project under a plan that meets the requirements of this Act through a resolution adopted by the governing body of each such entity. ``(b) Withdrawal.--Nothing in subsection (a) is intended to prohibit an Alaska Native village or regional or village corporation from withdrawing from participation in any portion of a program conducted pursuant to that subsection at any time after the plan for the program is implemented.''.", "summary": "Indian Employment and Training Improvement Act of 1997 - Amends the Indian Employment, Training and Related Services Demonstration Act of 1992 to, among other things: (1) allow Indian tribal governments to use a specified percentage of the funds made available under the Act for the creation of employment opportunities, including providing private sector training placement; (2) transfer lead agency responsibility for demonstration projects from the Bureau of Indian Affairs to the Office of Self-Governance of the Department of the Interior; and (3) revise the requirement regarding the assignment of Federal personnel to State Indian economic development programs to provide for Federal personnel assignments to Indian tribes with such programs. Sets forth requirements concerning: (1) Indian tribal government consolidated advisory committees; and (2) Alaska regional consortia."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Creation and Energy Efficiency Act''. SEC. 2. LOAN PROGRAM FOR ENERGY EFFICIENCY UPGRADES TO EXISTING BUILDINGS. Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) is amended by adding at the end the following: ``SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM. ``(a) Definitions.--In this section: ``(1) Credit support.--The term `credit support' means a guarantee or commitment to issue a guarantee or other forms of credit enhancement to ameliorate risks for efficiency obligations. ``(2) Efficiency obligation.--The term `efficiency obligation' means a debt or repayment obligation incurred in connection with financing a project, or a portfolio of such debt or repayment obligations. ``(3) Project.--The term `project' means the installation and implementation of efficiency, advanced metering, distributed generation, or renewable energy technologies and measures for a building (or for multiple buildings on a given property) that are expected to increase the energy efficiency of the building (including fixtures) in accordance with criteria established by the Secretary. ``(b) Eligible Projects.-- ``(1) In general.--Notwithstanding sections 1703 and 1705, the Secretary may provide credit support under this section, in accordance with section 1702. ``(2) Inclusions.--Buildings eligible for credit support under this section include commercial, multifamily residential, industrial, municipal, government, institution of higher education, school, and hospital facilities that satisfy criteria established by the Secretary. ``(c) Guidelines.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary shall-- ``(A) establish guidelines for credit support provided under this section; ``(B) publish the guidelines in the Federal Register; and ``(C) provide for an opportunity for public comment on the guidelines. ``(2) Requirements.--The guidelines established by the Secretary under this subsection shall include-- ``(A) standards for assessing the energy savings that could reasonably be expected to result from a project; ``(B) examples of financing mechanisms (and portfolios of such financing mechanisms) that qualify as efficiency obligations; ``(C) the threshold levels of energy savings that a project, at the time of issuance of credit support, shall be reasonably expected to achieve to be eligible for credit support; ``(D) the eligibility criteria the Secretary determines to be necessary for making credit support available under this section; and ``(E) notwithstanding subsections (d)(3) and (g)(2)(B) of section 1702, any lien priority requirements that the Secretary determines to be necessary, in consultation with the Director of the Office of Management and Budget, which may include-- ``(i) mechanisms to preserve prior lien positions of mortgage lenders and other creditors in buildings eligible for credit support; ``(ii) remedies available to the Secretary under chapter 176 of title 28, United States Code, in the event of default on the efficiency obligation by the borrower; and ``(iii) measures to limit the exposure of the Secretary to financial risk in the event of default, such as-- ``(I) the collection of a credit subsidy fee from the borrower as a loan loss reserve, taking into account the limitation on credit support under subsection (d); ``(II) minimum debt-to-income levels of the borrower; ``(III) minimum levels of value relative to outstanding mortgage or other debt on a building eligible for credit support; ``(IV) allowable thresholds for the percent of the efficiency obligation relative to the amount of any mortgage or other debt on an eligible building; ``(V) analysis of historic and anticipated occupancy levels and rental income of an eligible building; ``(VI) requirements of third-party contractors to guarantee energy savings that will result from a retrofit project, and whether financing on the efficiency obligation will amortize from the energy savings; ``(VII) requirements that the retrofit project incorporate protocols to measure and verify energy savings; and ``(VIII) recovery of payments equally by the Secretary and the retrofit. ``(3) Efficiency obligations.--The financing mechanisms qualified by the Secretary under paragraph (2)(B) may include-- ``(A) loans, including loans made by the Federal Financing Bank; ``(B) power purchase agreements, including energy efficiency power purchase agreements; ``(C) energy services agreements, including energy performance contracts; ``(D) property assessed clean energy bonds and other tax assessment-based financing mechanisms; ``(E) aggregate on-meter agreements that finance retrofit projects; and ``(F) any other efficiency obligations the Secretary determines to be appropriate. ``(4) Priorities.--In carrying out this section, the Secretary shall prioritize-- ``(A) the maximization of energy savings with the available credit support funding; ``(B) the establishment of a clear application and approval process that allows private building owners, lenders, and investors to reasonably expect to receive credit support for projects that conform to guidelines; ``(C) the distribution of projects receiving credit support under this section across States or geographical regions of the United States; and ``(D) projects designed to achieve whole-building retrofits. ``(d) Limitation.--Notwithstanding section 1702(c), the Secretary shall not issue credit support under this section in an amount that exceeds-- ``(1) 90 percent of the principal amount of the efficiency obligation that is the subject of the credit support; or ``(2) $25,000,000 for any single project. ``(e) Aggregation of Projects.--To the extent provided in the guidelines developed in accordance with subsection (c), the Secretary may issue credit support on a portfolio, or pool of projects, that are not required to be geographically contiguous, if each efficiency obligation in the pool fulfills the requirements described in this section. ``(f) Application.-- ``(1) In general.--To be eligible to receive credit support under this section, the applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary. ``(2) Contents.--An application submitted under this section shall include assurances by the applicant that-- ``(A) each contractor carrying out the project meets minimum experience level criteria, including local retrofit experience, as determined by the Secretary; ``(B) the project is reasonably expected to achieve energy savings, as set forth in the application using any methodology that meets the standards described in the program guidelines; ``(C) the project meets any technical criteria described in the program guidelines; ``(D) the recipient of the credit support and the parties to the efficiency obligation will provide the Secretary with-- ``(i) any information the Secretary requests to assess the energy savings that result from the project, including historical energy usage data, a simulation-based benchmark, and detailed descriptions of the building work, as described in the program guidelines; and ``(ii) permission to access information relating to building operations and usage for the period described in the program guidelines; and ``(E) any other assurances that the Secretary determines to be necessary. ``(3) Determination.--Not later than 90 days after receiving an application, the Secretary shall make a final determination on the application, which may include requests for additional information. ``(g) Fees.-- ``(1) In general.--In addition to the fees required by section 1702(h)(1), the Secretary may charge reasonable fees for credit support provided under this section. ``(2) Availability.--Fees collected under this section shall be subject to section 1702(h)(2). ``(h) Underwriting.--The Secretary may delegate the underwriting activities under this section to 1 or more entities that the Secretary determines to be qualified. ``(i) Status Report.--Not later than 1 year after commencement of the program, the Secretary shall submit to the Congress a report that describes in reasonable detail-- ``(1) the manner in which this section is being carried out; ``(2) the number and type of projects supported; ``(3) the types of funding mechanisms used to provide credit support to projects; ``(4) the energy savings expected to result from projects supported by this section; ``(5) any tracking efforts the Secretary is using to calculate the actual energy savings produced by the projects; and ``(6) any plans to improve the tracking efforts described in paragraph (5). ``(j) Buy American Report.--The Secretary shall submit to the Congress an annual report that estimates the percentage of American- made materials used in conducting retrofit activities funded pursuant to this section. ``(k) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to carry out this section $15,000,000,000 for the period encompassing fiscal years 2012 through 2021. ``(2) Administrative costs.--Not more than 1 percent of any amounts made available to the Secretary for carrying out this section may be used by the Secretary for administrative costs incurred in carrying out this section.''.", "summary": "Job Creation and Energy Efficiency Act - Amends the Energy Policy Act of 2005 to authorize the Secretary of Energy (DOE) to provide credit support to ameliorate risks for a debt or repayment obligation incurred in connection with financing the installation and implementation of efficiency, advanced metering, distributed generation, or renewable energy technologies and measures that are expected to increase the energy efficiency of one or more buildings (including fixtures). Makes commercial, multifamily residential, industrial, municipal, government institutions of higher education, school, and hospital facilities eligible for such support. Includes among financing mechanisms that qualify as efficiency obligations: (1) loans, (2) power purchase agreements, (3) energy services agreements, (4) property assessed clean energy bonds and other tax assessment-based financing mechanisms, and (5) aggregate on-meter agreements that finance retrofit projects. Requires the Secretary to prioritize: (1) the maximization of energy savings with the available credit support funding; (2) the establishment of a clear application and approval process that allows private building owners, lenders, and investors to reasonably expect to receive credit support for projects that conform to guidelines; (3) the distribution of projects receiving credit support across states or geographical regions; and (4) projects designed to achieve whole-building retrofits. Prohibits the Secretary from issuing credit support that exceeds: (1) 90% of the principal amount of the obligation that is the subject of the support, or (2) $25 million for any project. Requires the Secretary to report on such support. Authorizes the Secretary to charge reasonable fees for such support."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Junior Duck Stamp Conservation and Design Program Act of 1994''. SEC. 2. ESTABLISHMENT OF PROGRAM. (a) In General.--The Secretary of the Interior (in this Act referred to as the ``Secretary'') may carry out in accordance with this Act a program to be known as the ``Junior Duck Stamp Conservation and Design Program'' (in this Act referred to as the ``Program'') to accomplish the goals of-- (1) providing to school children environmental education opportunities relating to the conservation and management of migratory birds; and (2) increasing the capacity for schools, States, and other educational programs to conduct conservation and education programs. (b) Program Features.--The Program shall consist of-- (1) conducting in all interested States the activities which on the day before the date of the enactment of this Act are conducted under the program known as the Junior Duck Stamp Conservation and Design Program; (2) other activities authorized under the Program by this or any other Act; and (3) any other activity necessary to carry out the conservation and education goals of the Program. (c) Effort To Conduct Program in All States.-- (1) In general.--The Secretary shall take appropriate steps to seek to conduct the Program in all of the 50 States. (2) Annual report.--The Secretary shall annually submit a report to the Congress on the status of the Program in each of the 50 States. SEC. 3. JUNIOR DUCK STAMP. (a) Competition.--As part of the Program, the Secretary may annually conduct a competition to-- (1) solicit the submission by students at elementary and secondary schools of designs relating to conservation of migratory birds; and (2) select winning designs from among those submissions for use for licensing and marketing under subsection (b). (b) Licensing and Marketing of Design of Junior Duck Stamps.--As part of the Program, the Secretary may-- (1) license and market winning designs selected in competitions under subsection (a); and (2) license and market stamps bearing those designs, which shall be known as Junior Duck Stamps. (c) Use of Proceeds From Licensing and Marketing of Junior Duck Stamps and Junior Duck Stamp Designs.--Amounts received under subsection (b)-- (1) shall be available to the Secretary until expended, without further appropriations, solely for-- (A) awards and scholarships to individuals who submit designs in competitions under subsection (a), that are-- (i) selected in such a competition as winning designs; or (ii) otherwise determined in such a competition to be superior; (B) awards to schools and other participants to further education activities related to the conservation education goals of the Program; and (C) expenses for licensing and marketing under subsection (b); and (2) may not be used for administrative expenses of the Program. SEC. 4. ACCEPTANCE OF GIFTS, DEVISES, AND BEQUESTS. The Secretary may accept and use any gift, devise, or bequest of personal property, or proceeds thereof, for the purpose of funding the activities described in section 3(c)(1) (A) and (B). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for administrative expenses of the Program $250,000 for each of the fiscal years 1995 through 2000. SEC. 6. ENVIRONMENTAL EDUCATION CENTER AND REFUGE HEADQUARTERS AT JOHN HEINZ NATIONAL WILDLIFE REFUGE AT TINICUM. (a) In General.--Notwithstanding other laws and subject to subsection (b), the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, may transfer to the National Fish and Wildlife Foundation the Cusano bequest. (b) Conditions of Transfer.--As a condition of transferring the Cusano bequest under subsection (a), the Secretary of the Interior shall require the National Fish and Wildlife Foundation to enter into an agreement under which the Foundation is required to-- (1) solicit additional non-Federal contributions to provide a dollar for dollar match of the Cusano bequest; (2) manage the Cusano bequest and those contributions in accordance with all applicable requirements of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.); (3) use all amounts and proceeds from the Cusano bequest and any non-Federal contributions received pursuant to paragraph (1) for the purpose of designing and constructing a facility for an environmental education center and refuge headquarters on lands located within the John Heinz National Wildlife Refuge at Tinicum; and (4) donate the facility to the United States Fish and Wildlife Service upon completion of its construction. (c) Cusano Bequest Defined.--For purposes of this section, the term ``Cusano bequest'' means the amounts totaling approximately $2,473,971 which were donated to the Department of the Interior in 1994 by Mr. Antonio Cusano of Crum Lynne, Pennsylvania, and includes all proceeds derived from such amounts in the period since the donation was made. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Junior Duck Stamp Conservation and Design Program Act of 1994 - Authorizes the Secretary of the Interior to carry out the Junior Duck Stamp Conservation and Design Program. Permits the Secretary, as part of the Program, to conduct an annual competition to: (1) solicit the submission by elementary and secondary school students of designs relating to migratory bird conservation; and (2) select winning designs for use for licensing and marketing. Authorizes the Secretary to license and market winning designs and stamps bearing such designs, to be known as Junior Duck Stamps. Makes licensing and marketing proceeds available solely for awards and scholarships to individuals who submit designs, awards to further education activities related to the conservation education goals of the Program, and expenses for licensing and marketing. Authorizes appropriations. Authorizes the Secretary, acting through the Director of the Fish and Wildlife Service, to accept a certain private bequest for the National Fish and Wildlife Foundation for purposes of designing and constructing an environmental education center and refuge headquarters within the John Heinz National Wildlife Refuge."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian Weapons Embargo Act of 2014''. SEC. 2. PROHIBITION ON DIRECT OR INDIRECT USE OF FUNDS TO ENTER INTO CONTRACTS OR AGREEMENTS WITH ROSOBORONEXPORT. (a) Prohibition.-- (1) In general.--The head of an executive agency may not enter into a contract, subcontract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan agreement to Rosoboronexport, any subsidiary or affiliate of Rosoboronexport, or any entity that has a business relationship with Rosoboronexport or any subsidiary or affiliate of Rosoboronexport related to the design, manufacture, or sale of military equipment. (2) Termination of existing contracts and agreements.--The head of each executive agency shall immediately terminate any contract, subcontract, memorandum of understanding, cooperative agreement, loan, or loan agreement described in paragraph (1). (b) National Security Waiver Authority.--The President may waive the applicability of subsection (a) if the President, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, certifies in writing to the appropriate congressional committees that, to the best of the President's knowledge-- (1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic; (2) the armed forces of the Russian Federation have withdrawn from Crimea (other than military forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine); and (3) agents of the Russian Federation are not taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine (including through active support of efforts to unlawfully occupy facilities of the Government of Ukraine). (c) Reprogramming Authority.-- (1) In general.--The President may reprogram funds appropriated or otherwise made available for Economic Support Fund assistance or security assistance for the government of a country that, on or after the date of the enactment of this Act, enters into a contract, memorandum of understanding, or cooperative agreement with, or makes a grant to, or provides a loan or loan agreement to Rosoboronexport, or any subsidiary or affiliate of Rosoboronexport, in an amount up to or equal to the total amount of each such contract, memorandum of understanding, cooperative agreement, loan, or loan agreement. (2) Notification.--The President shall notify Congress not later than 15 days before reprogramming funds under paragraph (1). (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. SEC. 3. REPORT ON ROSOBORONEXPORT ACTIVITIES. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the following: (1) A list of the known transfers of lethal military equipment by Rosoboronexport to the Government of the Syrian Arab Republic since March 15, 2011. (2) A list of the known contracts, if any, that Rosoboronexport has signed with the Government of the Syrian Arab Republic since March 15, 2011. (3) A detailed list of all existing contracts, subcontracts, memorandums of understanding, cooperative agreements, grants, loans, and loan guarantees between the Department of Defense and Rosoboronexport, including a description of the transaction, signing dates, values, and quantities. (b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) Congressional Defense Committees Defined.--In this section, the term ``congressional defense committees'' has the meaning given the term in section 101(a)(16) of title 10, United States Code.", "summary": "Russian Weapons Embargo Act of 2014 - Prohibits the head of any executive agency from entering into a contract, subcontract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan agreement to Rosoboronexport, any subsidiary or affiliate of it, or any entity that has a business relationship with Rosoboronexport regarding the design, manufacture, or sale of military equipment. Requires the head of each executive agency to terminate any such arrangement. Authorizes the President to waive such prohibition if : (1) Rosoboronexport has ceased the transfer of military equipment to, and the maintenance of existing military equipment for, the government of Syria; (2) the armed forces of the Russian Federation have withdrawn from Crimea (other than forces present on certain military bases); and (3) agents of the Russian Federation are not taking measures to destabilize the control of the government of Ukraine over eastern Ukraine. Authorizes the President to reprogram Economic Support Fund assistance or security assistance for the government of any country that enters into a contract, memorandum of understanding, or cooperative agreement with, or makes a grant or loan to Rosoboronexport or any subsidiary or affiliate of it in an amount up to or equal to the total amount of each such arrangement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency in Judgment Payments Act of 2011''. SEC. 2. DISCLOSURE OF PAYMENTS. Section 1304 of title 31, United States Code, is amended by adding at the end the following: ``(d)(1) Not later than 30 days after the payment of a final judgment, award, or compromise settlement under this section, the Secretary of the Treasury shall publish electronically (including on a dedicated, publicly accessible Web site), in a manner consistent with applicable Federal privacy law-- ``(A) the agency responsible for the payment; ``(B) a citation to the provision of law under which the claim was made; ``(C) the amount to be paid; ``(D) the amount of any interest to be paid; ``(E) the amount of any attorney fees to be paid; and ``(F) for any case filed in a court-- ``(i) the case number for the case that resulted in the judgment, award, or settlement; and ``(ii) the court in which the case was filed. ``(2) The information published under paragraph (1) shall contain separate sections for claims filed in court and administrative claims. ``(3)(A) The Secretary of the Treasury shall submit to the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on the Judiciary and the Committee on Oversight and Government Reform of the House of Representatives a quarterly report that contains-- ``(i) any information published under paragraph (1) during the preceding quarter; and ``(ii) a confidential appendix that includes, for each case or claim described in clause (i), the identity of the plaintiff, counsel for the plaintiff, and the defendant. ``(B) A report under subparagraph (A) shall be exempt from disclosure under section 552 of title 5. For purposes of section 552 of title 5, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552.''. SEC. 3. LITIGATION MANAGEMENT. (a) In General.--Chapter 6 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 613. Litigation management ``(a) Each agency, in consultation with the Attorney General of the United States and consistent with applicable Federal privacy law, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives an annual report describing-- ``(1) any civil action filed or pending against the agency or any employee of the agency; and ``(2) any settlements entered by or final judgments entered against the agency or any employee of the agency. ``(b) The report required under subsection (a) shall include-- ``(1) a summary of-- ``(A) the number of civil actions filed, pending, or settled; ``(B) the number of civil actions for which more than 36 months have passed since the date the action was filed; ``(C) the number of claims-- ``(i) made under a statute or regulation; and ``(ii) alleging a violation of a statute or regulation; ``(D) the number of judgments entered for and against the agency; ``(E) the number of settlements or consent decrees involving the agency; ``(F) the number of judgments entered under seal; ``(G) the number of settlements or consent decrees involving a confidentiality agreement or order; ``(H) the total amount of all judgments, settlements, and attorney fees paid by or on behalf of the agency; and ``(I) the total number of agency rulemakings or other actions commenced due to a judgment or settlement; ``(2) for each filed or pending civil action, a summary of the action that-- ``(A) describes-- ``(i) the nature of the action; ``(ii) the cause of action asserted, including specific statutory references; ``(iii) the nature and amount of relief requested; ``(iv) whether the plaintiff is a party to any other litigation against the agency; ``(v) whether a claim for attorney fees has been made, and if so, the statutory basis for the claim; ``(vi) the date the action was filed; and ``(vii) whether more than 36 months have passed since the date the action was filed; and ``(B) identifies-- ``(i) the court, the presiding judge, and the case number; and ``(ii) the plaintiff and counsel for the plaintiff; and ``(3) for each settlement or final judgment, except a settlement or final judgment described in paragraph (4), a summary of the civil action that includes-- ``(A) the nature of the civil action; ``(B) the amount of the payment or other relief granted or agreed; ``(C) the amount of attorneys fees paid; and ``(D) the nature of any rulemaking or other agency action commenced due to the settlement or judgment; and ``(4) for each settlement or final judgment involving a judgment under seal or a confidentiality agreement or order-- ``(A) the parties to the settlement or final judgment; and ``(B) each cause of action alleged in the complaint.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 6 of title 5, United States Code, is amended by adding at the end the following: ``613. Litigation management.''.", "summary": "Transparency in Judgment Payments Act of 2011 - Requires the Secretary of the Treasury, not later than 30 days after the payment of a final judgment, award, or compromise settlement involving a federal agency, to publish electronically: (1) the agency responsible for the payment; (2) a citation to the law under which the claim was made; (3) the amount to be paid, including any interest and attorney fees; and (4) the court in which such claim was filed and the court case number. Requires each federal agency to submit annual reports to Congress describing: (1) any civil action filed or pending against such agency or an agency employee, and (2) any settlements entered by, or final judgments entered against, such agency or an agency employee."}
{"article": "SECTION 1. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN THE EXECUTIVE BRANCH. (a) Salary of the Vice President.-- (1) In general.--Section 104 of title 3, United States Code, is amended-- (A) by redesignating subsection (a) as subsection (a)(1) and subsection (b) as paragraph (2); and (B) by adding at the end the following: ``(b)(1)(A) Effective at the beginning of the first month in which any comparability payment becomes payable under section 5304 or 5304a of title 5 with respect to General Schedule employees within the District of Columbia during any year, the per annum rate of salary of the Vice President (exclusive of any previous adjustment under this subsection) shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next highest multiple of $100) equal to the percentage of such per annum rate which corresponds to the percentage adjustment becoming so payable with respect to General Schedule employees within the District of Columbia under such section 5304 or 5304a (as applicable). ``(B) If an adjustment under this subsection is scheduled to take effect on the same date as an adjustment under subsection (a), the adjustment under subsection (a) shall be made first. ``(2) The rate of salary of the Vice President, as adjusted under paragraph (1), shall for all purposes be treated as the rate of salary of the Vice President, except as otherwise provided in subsection (a), paragraph (1), or any other provision of law. ``(3) Nothing in this subsection shall be considered to permit or require the continuation of an adjustment under paragraph (1) after the comparability payment (for General Schedule employees within the District of Columbia) on which it was based has been terminated or superseded.''. (2) Conforming amendments.--Section 104 of title 3, United States Code, is amended-- (A) in the second sentence of subsection (a)(1) (as so redesignated)-- (i) by striking ``Subject to subsection (b),'' and inserting ``Subject to paragraph (2),''; and (ii) by inserting ``(exclusive of any previous adjustment under subsection (b))'' after ``the salary of the Vice President''; and (B) in subsection (a)(2) (as so redesignated), by striking ``subsection (a)'' and inserting ``paragraph (1)''. (b) Executive Schedule Pay Rates.-- (1) In general.--Section 5318 of title 5, United States Code, is amended-- (A) by redesignating subsection (a) as subsection (a)(1) and subsection (b) as paragraph (2); and (B) by adding at the end the following: ``(b)(1)(A) Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which any comparability payment becomes payable under section 5304 or 5304a with respect to General Schedule employees within the District of Columbia during any year, the annual rate of pay for positions at each level of the Executive Schedule (exclusive of any previous adjustment under this subsection) shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next highest multiple of $100) equal to the percentage of such annual rate of pay which corresponds to the percentage adjustment becoming so payable with respect to General Schedule employees within the District of Columbia under such section 5304 or 5304a (as applicable). ``(B) If an adjustment under this subsection is scheduled to take effect on the same date as an adjustment under subsection (a), the adjustment under subsection (a) shall be made first. ``(2) An annual rate of pay, as adjusted under paragraph (1), shall for all purposes be treated as the annual rate of pay for the positions involved, except as otherwise provided in subsection (a), paragraph (1), or any other provision of law. ``(3) Nothing in this subsection shall be considered to permit or require the continuation of an adjustment under paragraph (1) after the comparability payment (for General Schedule employees within the District of Columbia) on which it was based has been terminated or superseded.''. (2) Conforming amendments.--Section 5318 of title 5, United States Code, is amended-- (A) in the first sentence of subsection (a)(1) (as so redesignated)-- (i) by striking ``Subject to subsection (b),'' and inserting ``Subject to paragraph (2),''; and (ii) by inserting ``(exclusive of any previous adjustment under subsection (b))'' after ``Executive Schedule''; and (B) in subsection (a)(2) (as so redesignated), by striking ``subsection (a)'' and inserting ``paragraph (1)''. (c) Amendments Relating to Certain Limitation and Other Provisions.-- (1) Provisions to be applied by excluding executive schedule comparability adjustment.--Sections 5303(f), 5304(h)(1)(F), 5306(e), and 5373(a) of title 5, United States Code, are each amended by inserting ``, exclusive of any adjustment under section 5318(b)'' after ``Executive Schedule''. (2) Limitation on certain payments.--Section 5307(a) of title 5, United States Code, is amended by adding at the end the following: ``(3) In the case of an employee who is receiving basic pay under section 5372, 5376, or 5383, paragraph (1) shall be applied by substituting `the annual rate of salary of the Vice President of the United States' for `the annual rate of basic pay payable for level I of the Executive Schedule'. Regulations under subsection (c) may extend the application of the preceding sentence to other equivalent categories of employees.''. (3) References to level iv of the executive schedule.-- Sections 5372(b)(1)(C), 5372a(b)(1), 5376(b)(1)(B), and 5382(b) of title 5, United States Code, are each amended by striking ``level IV'' each place it appears and inserting ``level III''. SEC. 2. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN THE JUDICIAL BRANCH. (a) Increase in Maximum Rates of Basic Pay Allowable.-- (1) For positions covered by section 604(a)(5) of title 28, united states code.--Section 604(a)(5) of title 28, United States Code, is amended by striking ``by law'' and inserting ``by law (except that the rate of basic pay fixed under this paragraph for any such employee may not exceed the rate for level IV of the Executive Schedule)''. (2) For circuit executives.--Section 332(f)(1) of title 28, United States Code, is amended by striking ``level IV of the Executive Schedule under section 5315'' and inserting ``level III of the Executive Schedule under section 5314''. (3) For personnel of the administrative office of the united states courts.-- (A) In general.--Section 3(a) of the Administrative Office of the United States Courts Personnel Act of 1990 (Public Law 101-474; 28 U.S.C. 602 note) is amended-- (i) in paragraph (1), by striking ``level V'' and inserting ``level IV''; and (ii) in paragraph (10), by striking ``level IV'' and inserting ``level III''. (B) Provisions relating to certain additional positions.--Section 603 of title 28, United States Code, is amended by striking ``level IV of the Executive Schedule under section 5315'' and inserting ``level III of the Executive Schedule under section 5314''. (b) Salary of the Director of the Administrative Office of the United States Courts.--Section 603 of title 28, United States Code, is amended by striking ``district'' and inserting ``circuit''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall be effective with respect to pay periods beginning on or after the date of the enactment of this Act.", "summary": "Provides that, when any comparability payment becomes payable with respect to General Schedule employees within the District of Columbia, the annual rate of the salary of the Vice President and the pay for positions at each level of the Executive Schedule shall be adjusted by an amount equal to the percentage adjustment becoming so payable to such General Schedule employees.Increases the maximum limit on bonuses, awards, or other similar cash payments that may be paid in a calendar year to administrative law judges, certain senior-level employees, and individual senior executives.Increases: (1) the rate of basic pay payable for certain executive schedule positions; and (2) the highest rate of basic pay payable for the Senior Executive Service.Increases the maximum rates of basic pay allowable for circuit executives and certain personnel of the Administrative Office of the U.S. Courts. Provides for the salary of the Director of such Office to be the same as the salary of a circuit (currently, district) judge."}
{"article": "SECTION 1. MODELING AND SIMULATION PROGRAMS. The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by adding at the end the following new title: ``TITLE VIII--ADDITIONAL PROGRAMS ``SEC. 801. MODELING AND SIMULATION PROGRAMS. ``(a) Purpose; Definition.-- ``(1) Purpose.--The purpose of this section is to promote the study of modeling and simulation at institutions of higher education, through the collaboration with new and existing programs, and specifically to promote the use of technology in such study through the creation of accurate models that can simulate processes or recreate real life, by-- ``(A) establishing a task force at the Department of Education to raise awareness of and define the study of modeling and simulation; ``(B) provide grants to institutions of higher education to develop new modeling and simulation degree programs; and ``(C) create grants for institutions of higher education to enhance existing modeling and simulation degree programs. ``(2) Definition.--In this section, the term `modeling and simulation' means a field of study related to the application of computer science and mathematics to develop a level of understanding of the interaction of the parts of a system and of a system as a whole. ``(b) Establishment of Taskforce.-- ``(1) In general.--Subject to the availability of appropriations, the Secretary shall establish a taskforce within the Department of Education to study modeling and simulation and to support the development of the modeling and simulation field. The activities of such taskforce shall include-- ``(A) helping to define the study of modeling and simulation (including the content of modeling and simulation classes and programs); ``(B) identifying best practices for such study; ``(C) identifying core knowledge and skills that individuals who participate in modeling and simulation programs should aquire; and ``(D) providing recommendations to the Secretary with respect to-- ``(i) the information described in subparagraphs (A) through (C); and ``(ii) a system by which grants under this section will be distributed. ``(2) Taskforce membership.--The membership of the taskforce under this subsection shall be composed of representatives from-- ``(A) institutions of higher education with established modeling and simulation degree programs; ``(B) the National Science Foundation; ``(C) Federal Government agencies that use modeling and simulation extensively, including the Department of Defense, the National Institute of Health, the Department of Homeland Security, the Department of Health and Human Services, the Department of Energy, and the Department of Transportation; ``(D) private industries with a primary focus on modeling and simulation; and ``(E) national modeling and simulation organizations. ``(c) Enhancing Modeling and Simulation at Institutions of Higher Education.-- ``(1) Enhancement grants authorized.-- ``(A) In general.--The Secretary is authorized to award grants, on a competitive basis, to eligible institutions to enhance modeling and simulation degree programs at such eligible institutions. ``(B) Duration of grant.--A grant awarded under this subsection shall be awarded for a 3-year period, and such grant period may be extended for not more than 2 years if the Secretary determines that an eligible institution has demonstrated success in enhancing the modeling and simulation degree program at such eligible institution. ``(C) Minimum grant amount.--Subject to the availability of appropriations, a grant awarded to an eligible institution under this subsection shall not be for an amount less than $750,000. ``(D) Non-federal share.--Each eligible institution receiving a grant under this subsection shall provide, from non-Federal sources, in cash or in kind, an amount equal to 25 percent of the amount of the grant to carry out the activities supported by the grant. The Secretary may waive the non-Federal share requirement under this subparagraph for an eligible institution if the Secretary determines a waiver to be appropriate based on the financial ability of the institution. ``(2) Eligible institutions.--For the purposes of this subsection, an eligible institution is an institution of higher education that-- ``(A) has an established modeling and simulation degree program, including a major, minor, or career- track program; or ``(B) has an established modeling and simulation certifcate or concentration program. ``(3) Application.--To be considered for a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- ``(A) a letter from the President or provost of the eligible institution that demonstrates the institution's commitment to the enhancement of the modeling and simulation program at the institution of higher education; ``(B) identification of designated faculty responsible for the enhancement of the institution's modeling and simulation program; and ``(C) a detailed plan for how the grant funds will be used to enhance the modeling and simulation program of the institution. ``(4) Uses of funds.--A grant awarded under this subsection shall be used by an eligible institution to carry out the plan developed in accordance with paragraph (3)(C) to enhance modeling and simulation programs at the institution, which may include-- ``(A) in the case of an institution that is eligible under paragraph (2)(B), activities to assist in the establishment of a major, minor, or career-track modeling and simulation program at the eligible institution; ``(B) expanding the multi-disciplinary nature of the institution's modeling and simulation programs; ``(C) recruiting students into the field of modeling and simulation through the provision of fellowships or assistantships; ``(D) creating new courses to compliment existing courses and reflect emerging developments in the modeling and simulation field; ``(E) conducting research to support new methodologies and techniques in modeling and simulation; and ``(F) purchasing equipment necessary for modeling and simulation programs. ``(d) Establishing Modeling and Simulation Programs.-- ``(1) Establishment grants authorized.-- ``(A) In general.--The Secretary is authorized to award grants to institutions of higher education to establish a modeling and simulation program, including a major, minor, career-track, certificate, or concentration program. ``(B) Duration of grant.--A grant awarded under this subsection shall be awarded for a 3-year period, and such grant period may be extended for not more than 2 years if the Secretary determines that an eligible institution has demonstrated success in establishing a modeling and simulation degree program at such eligible institution. ``(C) Minimum grant amount.--Subject to the availability of appropriations, a grant awarded to an eligible institution under this subsection shall not be for an amount less than $750,000. ``(D) Non-federal share.--Each eligible institution receiving a grant under this subsection shall provide, from non-Federal sources, in cash or in kind, an amount equal to 25 percent of the amount of the grant to carry out the activities supported by the grant. The Secretary may waive the non-Federal share requirement under this subparagraph for an eligible institution if the Secretary determines a waiver to be appropriate based on the financial ability of the institution. ``(2) Application.--To apply for a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- ``(A) a letter from the President or provost of the eligible institution that demonstrates the institution's commitment to the establishment of a modeling and simulation program at the institution of higher education; ``(B) a detailed plan for how the grant funds will be used to establish a modeling and simulation program at the institution; and ``(C) a description of how the modeling and simulation program established under this subsection will complement existing programs and fit into the institution's current program and course offerings. ``(3) Uses of funds.--A grant awarded under this subsection may be used by an eligible institution to-- ``(A) establish, or work toward the establishment of, a modeling and simulation program, including a major, minor, career-track, certificate, or concentration program at the eligible institution; ``(B) provide adequate staffing to ensure the successful establishment of the modeling and simulation program, which may include the assignment of full-time dedicated or supportive faculty; and ``(C) purchasing equipment necessary for a modeling and simulation program. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $40,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years. Of the amounts authorized to be appropriated for each fiscal year-- ``(1) $1,000,000 is authorized to carry out the activities of the task force established pursuant to subsection (b); and ``(2) of the amount remaining after the allocation for paragraph (1)-- ``(A) 50 percent is authorized to carry out the grant program under subsection (c); and ``(B) 50 percent is authorized to carry out the grant program under subsection (d).''.", "summary": "Amends the Higher Education Act of 1965 to direct the Secretary of Education to establish a taskforce within the Department of Education to recommend improvements to the study of modeling and simulation, and identify the core capacities that students in such programs should acquire. Authorizes the Secretary to award: (1) competitive grants to institutions of higher education (IHEs) for the enhancement of their existing modeling and simulation programs; and (2) grants to IHEs for the establishment of such programs. Requires grantees to raise, from nonfederal sources, an amount equal to 25% of their grants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Bridges and Transforming Resentment and Unfairness to Support and Trust for Municipal Law Enforcement Act of 2014'' or the ``Build TRUST Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) The growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators promotes unfair, excessive targeting of citizens by law enforcement agents, infringes on civil liberties, and promotes reliance on unpredictable revenue sources. (2) The growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators has the potential to breed public cynicism and distrust of local law enforcement agencies, and to lessen public confidence that the laws are being enforced impartially and the criminal justice system is administered equally. SEC. 3. REDUCTION IN GRANT FUNDING FOR UNITS OF LOCAL GOVERNMENT. (a) Collection of Fines for Violations of Traffic Laws.--Except as provided in subsection (b) or section 4, a unit of local government which, during the previous 3 fiscal years, funded an amount that, on average, was greater than 18 percent of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws, shall, in the case of a unit of local government receiving grant funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), receive only 25 percent of the grant award that would have otherwise been awarded to that unit of local government under such subpart. (b) Disproportionate Racial Composition of Law Enforcement Agencies.--In the case of a unit of local government described in subsection (a) for which, during the previous fiscal year, the percentage of individuals who identify as a race who were employees of the law enforcement agency for that unit of local government, and the percentage of individuals who identify as that race who live in the jurisdiction which that law enforcement agency serves, differs by greater than 30 percent, the unit of local government shall receive only 5 percent of the grant award that would have otherwise been awarded to that unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). (c) Obligation of States.--A State that receives a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), which does not reduce a subgrant award made under such grant to a unit of local government in its jurisdiction in accordance with this section, shall, in the succeeding fiscal year, receive only 50 percent of the grant award that would have otherwise been awarded to that State under such subpart. (d) Reallocation.--Any funds withheld from a State or unit of local government from a direct grant award by the Attorney General shall be reallocated in accordance with subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). SEC. 4. EXEMPTIONS. The provisions of section 3 shall not apply in the case of any unit of local government-- (1) that serves a population of less than 15,000 people and so certifies to the Attorney General; or (2) to which the Attorney General has granted a waiver under section 5. SEC. 5. WAIVERS. The Attorney General may, in his or her discretion, grant a waiver under this section to any unit of local government for good cause shown, and shall consider the following factors: (1) Whether, resulting from allegations of excessive uses of force, false arrests, improper searches and seizures, failures to discipline officers sufficiently, or failure to supervise officers, the unit of local government is subject to a consent decree or Memorandum of Understanding, or the subject of an investigation by the Special Litigation Section of the Civil Rights Division of the Department of Justice. (2) Whether the unit of local government has taken affirmative action to ensure that adequate practices and procedures are in place to increase public trust and confidence in the impartial and equitable administration of justice, including-- (A) whether incidents of officer involved shootings and uses of excessive force are investigated by a Special Prosecutor appointed by the Governor, State Attorney General, or Presiding Judge of the local court of jurisdiction; (B) whether incidents of officer involved shootings and uses of excessive force are adjudicated in a public proceeding rather than the grand jury process. (3) Whether the minority community is equitably represented in the municipality's legislative body and executive departments.", "summary": "Building Bridges and Transforming Resentment and Unfairness to Support and Trust for Municipal Law Enforcement Act of 2014 or the Build TRUST Act of 2014 - Reduces the amount that would otherwise be awarded to a unit of local government under the Edward Byrne Memorial Justice Assistance Grant Program: (1) by 75% for any such unit that, during the previous three fiscal years, funded an amount that on average was greater than 18% of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws; and (2) by 95% for any such unit for which, during the previous fiscal year, the percentage of individuals who identify as a race who were employees of the law enforcement agency for that unit and the percentage of individuals who identify as that race who live in the jurisdiction such agency serves differ by greater than 30%. Reduces by 50% the amount that would otherwise be awarded under such Program to a state that did not reduce a subgrant award to a unit of local government in accordance with this Act in the preceding fiscal year. Requires the Attorney General to reallocate funds withheld from a state or unit of local government pursuant to this Act in accordance with the Program. Exempts any local governmental unit which certifies that it serves a population of less than 15,000 or to which the Attorney General has granted a waiver for good cause shown based on specified factors, including that: (1) such unit has taken affirmative action to ensure that adequate practices and procedures are in place to increase public trust and confidence in the impartial and equitable administration of justice, and (2) the minority community is equitably represented in the unit's legislative body and executive departments."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Dual Incentive Education Act of 2002''. SEC. 2. GRADUATE STUDY REIMBURSEMENTS FOR CERTAIN LEGISLATIVE BRANCH EMPLOYEES. (a) In General.--The head of each employing office in the legislative branch may make payments to an eligible employee of the office to reimburse the employee for tuition and fees paid by the employee to an institution of higher education during a semester for enrollment in a program of post-baccalaureate study leading to a graduate degree. (b) Amount of Payment.--The amount of a payment made to an eligible employee under this Act shall be equal to the amount of tuition and fees paid by the employee to the institution of higher education for the semester (excluding any portion of such tuition and fees covered by a scholarship or other type of financial assistance which does not consist of a student loan), except that such amount may not exceed $3,000. SEC. 3. ELIGIBILITY OF EMPLOYEES. (a) In General.--For purposes of this section, an employee is eligible to receive a payment under this Act if-- (1) at the time the first payment is made to the employee under this Act, the employee has been continuously employed on a full-time basis by an employing office for not fewer than 12 consecutive months; (2) with respect to the semester for which the payment is made, the employee meets the student assistance eligibility requirements of section 484(a) of the Higher Education Assistance Act of 1965 (20 U.S.C. 1091(a)); (3) with respect to the semester for which the payment is made, the employee provides the head of the employing office with a certification from the institution of higher education in which the employee is enrolled of the employee's enrollment in a graduate program and of the amount of tuition and fees paid by the employee to the institution; (4) the employee has not received a payment under this Act for enrollment in another program of post-baccalaureate study, except that nothing in this paragraph may be construed to prohibit an employee from receiving a payment for enrollment in a program leading to more than one graduate degree; and (5) the employee provides the office with such other information and assurances as the head of the office may require. (b) Treatment of Payments as Addition to Basic Pay.--Any payment made to an eligible employee under this Act shall be in addition to basic pay and any other form of compensation otherwise payable to the employee involved. SEC. 4. PERMITTING PAYMENTS FOR PREVIOUS ENROLLMENT. An employing office which makes a payment under this Act to an eligible employee with respect to a semester may make a payment under this Act with respect to any semester occurring during the 12-month period which ends on the first day of the first semester for which a payment is made to the employee by such office under this Act if-- (1) the payment is made with respect to the same program of post-baccalaureate study for which the first payment is made to the employee by such office under this Act; and (2) the employee meets the eligibility requirements of section 3 with respect to such semester. SEC. 5. ASSISTANCE OF SECRETARY OF EDUCATION. The Secretary of Education shall assist employing offices in the legislative branch in carrying out this Act. SEC. 6. EMPLOYING OFFICE DEFINED. The term ``employing office in the legislative branch'' means any of the following: (1) The personal office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress). (2) A committee of the House of Representatives or a joint committee, except that the majority and minority office of such a committee shall each be considered as a separate employing office in the legislative branch. (3) Any other office headed by a person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an employee of the House of Representatives. (4) The Office of the Architect of the Capitol. (5) The Capitol Police Board. (6) The Congressional Budget Office. (7) The General Accounting Office. (8) The Government Printing Office. (9) The Library of Congress (including the Congressional Research Service). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to each employing office such sums as may be necessary for making graduate study payments under this Act in fiscal year 2003 and each succeeding fiscal year.", "summary": "Dual Incentive Education Act of 2002 - Permits the heads of legislative branch employing offices to make payments to employees of up to $3,000 for reimbursement of tuition and fees for a semester of graduate study. Requires beneficiaries to have been employed full-time for at least 12 consecutive months and to meet the student assistance eligibility requirements of the Higher Education Assistance Act of 1965. Excludes payments for any portion of tuition and fees covered by a scholarship or other type of financial assistance that does not consist of a student loan."}
{"article": "SECTION 1. SUSPENSION OF DUTY ON CERTAIN ITEMS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.05.70 Front panels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 80.01 cm, an outer panel radius of less than 500 cm, and an aspect ratio of 4:3 (provided for in subheading 7011.20.80)...... 9902.05.71 Front panels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 90.17 cm, an outer panel radius of less than 500 cm, and an aspect ratio of 4:3 (provided for in subheading 7011.20.80)...... 9902.05.72 Front panels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 76.00 cm, an outer panel radius of greater than 500 cm, and an aspect ratio of 16:9 (provided for in subheading 7011.20.80)...... 9902.05.73 Front panels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 85.50 cm, an outer panel radius of greater than 500 cm, and an aspect ratio of 16:9 (provided for in subheading 7011.20.80)...... 9902.05.74 32V funnel for use Free No change No change On or before 12/ ... with curved 31/2009 screen panels (provided for in subheading 7011.20.10)...... 9902.05.75 32V funnel for use Free No change No change On or before 12/ ... with Pure Flat 31/2009 (PF) panels (provided for in subheading 7011.20.10)...... 9902.05.76 Funnels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with an outside diagonal measurement of 94.12 cm and an aspect ratio of 4:3. (provided for in subheading 7011.20.10)...... 9902.05.77 Funnels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with an outside diagonal measurement of 80.87 cm and an aspect ratio of 16:9. (provided for in subheading 7011.20.10)...... 9902.05.78 Funnels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with an outside diagonal measurement of 91.50 cm and an aspect ratio of 16:9. (provided for in subheading 7011.20.10)...... 9902.05.79 Pre-assembled Free No change No change On or before 12/ ... glass envelopes 31/2009 consisting of a panel with a viewable diagonal measurement of 21 cm or less, funnel and neck for projection cathode-ray television picture tubes (provided for in subheading 7011.20.80)...... 9902.05.80 Aperture masks Free No change No change On or before 12/ ... made from 31/2009 aluminum-killed, open-coil annealed steel for color picture tubes (provided for in subheading 8540.91.50)...... 9902.05.81 Three-beam Free No change No change On or before 12/ ... electron guns for 31/2009 cathode ray tubes (provided for in subheading 8540.91.50)...... 9902.05.82 One-beam electron Free No change No change On or before 12/ ... guns for 31/2009 projection cathode-ray tubes (provided for in subheading 8540.91.50)...... 9902.05.83 Aperture masks Free No change No change On or before 12/ ''. made from an 31/2009 alloy of iron and nickel (FeNi 36) for color picture tubes. (provided for in subheading 8540.91.50)...... (b) Effective Date.--The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act. SEC. 2. REDUCTION OF DUTY ON CERTAIN ITEMS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.05.94 Front panels for 3.0% No change No change On or before 12/ ''. cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 80.03 cm, an outer panel radius of greater than 500 cm, and an aspect ratio of 4:3 (provided for in subheading 7011.20.80.30)... (b) Effective Date.--The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.", "summary": "Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2009, the duty on certain: (1) front panels for cathode-ray television picture tubes; (2) 32V funnels for use with curved screen panels; (3) 32V funnels for use with Pure Flat (PF) panels; (4) certain funnels for cathode-ray television picture tubes; (5) pre-assembled glass envelopes; (6) aperture masks made from aluminum-killed, open-coil annealed steel for color picture tubes; (7) three-beam electron guns for cathode ray tubes; (8) one-beam electron guns for projection cathode-ray tubes; and (9) aperture masks. Reduces, through such date, the duty on front panels for certain cathode-ray television picture tubes."}
{"article": ".-- (1) Definition.--For purposes of this section, a joint resolution means a resolution introduced by any Member of Congress after the date the notification described in section 3 is received, the resolving clause of which contains only the following: ``That Congress does not agree with the justification contained in the notification submitted by the President pursuant to the China Nonproliferation Act on ______________ and that the President shall exercise the mandatory measures under section 4 of the Act and one or all of the tier ____ measures under that Act.''; with the first blank space being filled with the appropriate date and the second blank space being filled with the appropriate tier. (2) Referral to committee.-- (A) Senate.--A joint resolution introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. (B) House of representatives.--A joint resolution introduced in the House of Representatives shall be referred to the Committee on International Relations of the House of Representatives. (C) Reporting.--A joint resolution may not be reported before the 8th day after the date on which the joint resolution is introduced. (3) Discharge of committee.--If the committee to which a joint resolution is referred in either House has not reported the joint resolution (or an identical joint resolution) at the end of 15 calendar days during which that House is in session after the date on which the joint resolution is introduced-- (A) the committee shall be deemed to be discharged from further consideration of the joint resolution; and (B) the joint resolution shall be placed on the appropriate calendar of that House. (4) Floor consideration.-- (A) In general.-- (i) Motion to proceed to consideration.-- When the committee to which a joint resolution is referred in either House has reported, or has been deemed to be discharged (under paragraph (3)) from further consideration of, a joint resolution-- (I) it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of that House to move to proceed to the consideration of the joint resolution; and (II) all points of order against the joint resolution (and against consideration of the joint resolution) are waived. (ii) Treatment of motion.--A motion under clause (i)-- (I) is privileged in the Senate and is highly privileged in the House of Representatives; (II) is not debatable; and (III) is not subject to amendment, a motion to postpone, or a motion to proceed to the consideration of other business. (iii) No motion to reconsider.--A motion to reconsider the vote by which a motion under clause (i) is agreed to or disagreed to shall not be in order. (iv) Agreement to motion.--If a motion under clause (i) is agreed to, the joint resolution shall remain the unfinished business of the House until the House disposes of the joint resolution. (B) Debate.-- (i) Time.--Debate on a joint resolution, and on all debatable motions and appeals in connection with consideration of a joint resolution, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. (ii) Amendments and motions out of order.-- An amendment to a joint resolution, a motion to postpone, to proceed to the consideration of other business, or to recommit such a joint resolution, or a motion to reconsider the vote by which such a joint resolution is agreed to or disagreed to is not in order. (C) Vote on final passage.--A vote on final passage of the joint resolution shall be taken in each House on or before the close of the 15th calendar day during which that House is in session after the resolution is reported by the committee of that House to which it was referred, or after the committee has been discharged from further consideration of the resolution. (D) Rulings of the chair of procedure.--Appeals from the decisions of the Chair relating to the application of the rules of either House to the procedure relating to a joint resolution shall be decided without debate. (5) Coordination with action by other house.-- (A) In general.--If, before the passage by 1 House of a joint resolution of that House, that House receives from the other House a joint resolution, the procedures stated in this paragraph shall apply. (B) No referral.--The joint resolution of the other House shall not be referred to a committee. (C) Procedure.--With respect to a joint resolution of the House receiving the joint resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (ii) the vote on final passage shall be on the joint resolution of the other House. (6) Rules of the senate and the house of representatives.-- This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively; and (i) is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution; and (ii) supersedes other rules only to the extent that the subsection is inconsistent with those rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as the rules relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. SEC. 7. DETERMINATION EXEMPTING PERSON OR THE PEOPLE'S REPUBLIC OF CHINA FROM SECTIONS 4 AND 5. (a) In General.--Sections 4 and 5 shall not apply to a person or to the People's Republic of China 15 days after the President reports to the Committee on International Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, the Committee on Armed Services of the Senate, the Select Committee on Intelligence of the Senate, and the Committee on Governmental Affairs of the Senate, that the President has determined, on the basis of information provided by that person, or otherwise obtained by the President, that-- (1) the person did not, on or after January 1, 2000, knowingly transfer to or export from the People's Republic of China the goods, services, or technology the apparent transfer or export of which caused that person to be identified in a report submitted pursuant to section 3(a); (2) the person is subject to the primary jurisdiction of a government that is an adherent to one or more relevant nonproliferation regimes, the person was identified in a report submitted pursuant to section 3(a) with respect to a transfer of goods, services, or technology described in section 3(a)(1), and such transfer was made consistent with the guidelines and parameters of all such relevant regimes of which such government is an adherent; or (3) it is important to the national security of the United States not to apply the provisions of section 4 or 5. (b) Opportunity To Provide Information.--Congress urges the President-- (1) in every appropriate case, to contact in a timely fashion each person identified in each report submitted pursuant to section 3(a), or the government with primary jurisdiction over such person, in order to afford such person or government, the opportunity to provide explanatory, exculpatory, or other additional information with respect to the transfer that caused such person to be identified in a report submitted pursuant to section 3(a); and (2) to exercise the authority in subsection (a) in all cases where information obtained from a foreign person identified in a report submitted pursuant to section 3(a), or from the government with primary jurisdiction over such person, establishes that the exercise of such authority is warranted. (c) Submission in Classified Form.--The determination and report of the President under subsection (a) should be submitted in unclassified form, with classified annexes as necessary. SEC. 8. NOTIFICATION TO SECURITIES COMMISSION OF INCLUSION IN REPORT. (a) Definitions.--In this section, the following definitions shall apply: (1) Commission.--The term ``Commission'' means the Securities and Exchange Commission. (2) Registered national securities association.--The term ``registered national securities association'' means an association registered under section 15A(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3(b)). (3) Registered national securities exchange.--The term ``registered national securities exchange'' means a national securities exchange registered under 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f). (4) Registration statement.--The term ``registration statement'' has the same meaning as in section 2 of the Securities Act of 1933 (15 U.S.C. 77b). (5) Securities laws.--The terms ``securities laws'' and ``security'' have the same meanings as in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c). (b) Notification to the Commission.--Each report prepared by the President under section 3 shall be transmitted to the Commission at the times specified in section 3(b). (c) Regulations.--Not later than 6 months after the date of enactment of this Act, the Commission shall promulgate regulations-- (1) to ensure that securities investors are notified of the identity of any person included in a report prepared by the President under section 3, the securities of which are listed, or authorized for listing, on a registered national securities exchange (or tier or segment thereof) or by a registered national securities association; and (2) to require each person included in a report of the President under section 3 to provide notice of such inclusion in each written report, statement, or other filing or notice required from that person under the securities laws, including-- (A) any registration statement; (B) any annual or quarterly report, statement, or other filing or notice; (C) any proxy, consent, authorization, information statement, or other notice required to be sent to shareholders with respect to any security registered pursuant to the securities laws; (D) any report, statement, or other filing or notice required in connection with an initial public offering; and (E) any report, statement, or other filing required in connection with a merger, acquisition, tender offer, or similar transaction.", "summary": "(Sec. 3) Requires the President to include in the report information: (1) on any action taken by a person identified in a prior annual report that establishes that the person has discontinued, rectified, or mitigated a prior proliferation activity identified under this Act; (2) on measures taken against such persons or against China in response to proliferation activities; and (3) other specified information. Requires submission of such reports in unclassified form, with classified annexes as necessary. (Sec. 4) Directs the President to apply certain measures for at least 12 months to each person identified in the annual report. Includes among such measures: (1) those set forth Executive Order No. 12938; (2) prohibition of U.S. Government transfers or sales to such person of any item on the U.S. Munitions List, and termination of all sales and after-sale servicing to such person of any defense articles, defense services, or design and construction services under the Arms Export Control Act; (3) denial of licenses, suspension of existing licenses, and termination of all transfers or sales and after-sale servicing for the transfer to such person of any item the export of which is controlled under the Export Administration Act of 1979 or the Export Administration regulations; (4) prohibition of U.S. Government procurement of any goods or services from such person; (5) prohibition of U.S. assistance to such person in the form of grants, loans, credits, guarantees, or otherwise; (6) immediate suspension of any agreements or efforts for the co-development or co-production with such person of any item on the U.S. Munitions List. Sets conditions for the lifting of such measures. (Sec. 5) Requires the President to apply additional specified tier 1, tier 2, and tier 3 measures against China if certain circumstances exist. Requires one or more tier 2 measures if a person's proliferation activities are not rectified, or a person has engaged in additional proliferation activities, one year after imposition of section (4) measures, and one or more tier 3 measures if similar circumstances exist two years after imposition of section (4) measures. (Sec. 6) Sets forth procedures for congressional review of any presidential decision not to impose sanctions under this Act, or to exempt a person or China from such sanctions. Mandates imposition of such sanctions if Congress disapproves by joint resolution the President's decision. (Sec. 7) Requires transmittal to the Securities and Exchange Commission (SEC) of the President's annual report under this Act. Requires the SEC to promulgate regulations to: (1) ensure that securities investors are notified of the identity of any person in the report the securities of which are listed, or authorized for listing, on a registered national securities exchange (or tier or segment) or by a registered national securities association; and (2) require each person included in such a report to provide notice of such inclusion in each written report, registration statement, or other filing or notice required from that person under the securities laws."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Aviation Administration Research, Engineering, and Development Act of 2002''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Amounts Authorized.--Section 48102(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting a semicolon; and (3) by adding at the end the following: ``(9) for fiscal year 2003, $261,000,000, including-- ``(A) $211,000,000 to improve aviation safety; ``(B) $18,000,000 to improve the efficiency of the air traffic control system; ``(C) $16,000,000 to reduce the environmental impact of aviation; and ``(D) $16,000,000 to improve the efficiency of mission support; ``(10) for fiscal year 2004, $274,000,000, including-- ``(A) $221,000,000 to improve aviation safety; ``(B) $19,000,000 to improve the efficiency of the air traffic control system; ``(C) $17,000,000 to reduce the environmental impact of aviation; and ``(D) $17,000,000 to improve the efficiency of mission support; and ``(11) for fiscal year 2005, $287,000,000, including-- ``(A) $231,000,000 to improve aviation safety; ``(B) $20,000,000 to improve the efficiency of the air traffic control system; ``(C) $18,000,000 to reduce the environmental impact of aviation; and ``(D) $18,000,000 to improve the efficiency of mission support.''. SEC. 3. COORDINATION OF NATIONAL AVIATION SAFETY AND SECURITY RESEARCH PROGRAMS. (a) Development of Plan.--Not later than June 30, 2003, the National Aeronautics and Space Administration Administrator, the Federal Aviation Administration Administrator, and the Under Secretary of Transportation for Security shall prepare and transmit an updated integrated civil aviation research and development plan to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Science. (b) Contents.--The updated integrated civil aviation research and development plan shall include-- (1) identification of the respective aviation research and development requirements, roles, and responsibilities of the National Aeronautics and Space Administration, the Federal Aviation Administration, and the Transportation Security Administration; and (2) review of steps they could take to facilitate the transfer and adoption of new technologies in an operational environment, including consideration of increasing the exchange of research staff, providing greater details on funding at the project level in joint plans, and providing for greater use of technology readiness in program plans and budgets to help frame the maturity of new technologies and determine when they can be implemented. SEC. 4. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS. The Federal Aviation Administration Administrator shall continue the program to consider awards to nonprofit concrete and asphalt pavement research foundations to improve the design, construction, rehabilitation, and repair of concrete and asphalt airfield pavements to aid in the development of safer, more cost-effective, and more durable airfield pavements. The Administrator may use grants or cooperative agreements in carrying out this section. Nothing in this section requires the Administrator to prioritize an airfield pavement research program above safety, security, Flight 21, environment, or energy research programs. SEC. 5. ENSURING APPROPRIATE STANDARDS FOR AIRFIELD PAVEMENTS. (a) In General.--The Federal Aviation Administration Administrator shall review and determine whether the Federal Aviation Administration's standards used to determine the appropriate thickness for asphalt and concrete airfield pavements are in accordance with the Federal Aviation Administration's standard 20-year-life requirement using the most up-to-date available information on the life of airfield pavements. If the Administrator determines that such standards are not in accordance with that requirement, the Administrator shall make appropriate adjustments to the Federal Aviation Administration's standards for airfield pavements. (b) Report.--Within 1 year after the date of enactment of this Act, the Administrator shall report the results of the review conducted under subsection (a) and the adjustments, if any, made on the basis of that review to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Science. SEC. 6. AIR TRAFFIC MANAGEMENT RESEARCH AND DEVELOPMENT INITIATIVE. (a) Objective.--The Federal Aviation Administration Administrator, in coordination with the National Aeronautics and Space Administration Administrator, shall participate in a national initiative with the objective of defining and developing an air traffic management system designed to meet national long-term aviation security, safety, and capacity needs. The initiative should result in a multiagency blueprint for acquisition and implementation of an air traffic management system that would-- (1) build upon current air traffic management and infrastructure initiatives; (2) improve the security, safety, quality, and affordability of aviation services; (3) utilize a system of systems approach; (4) develop a highly integrated, secure common information network to enable common situational awareness for all appropriate system users; and (5) ensure seamless global operations for system users. (b) Implementation.--In implementing subsection (a), the Federal Aviation Administration Administrator, in coordination with the National Aeronautics and Space Administration Administrator, shall work with other appropriate Government agencies and industry to-- (1) develop system performance requirements; (2) determine an optimal operational concept and system architecture to meet such requirements; (3) utilize new modeling, simulation, and analysis tools to quantify and validate system performance and benefits; (4) ensure the readiness of enabling technologies; and (5) develop a transition plan for successful implementation into the National Airspace System. SEC. 7. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT PROGRAM. (a) Assessment.--The Federal Aviation Administration Administrator shall enter into an arrangement with the National Research Council for an assessment of the Federal Aviation Administration's proposed wake turbulence research and development program. The assessment shall address-- (1) research and development goals and objectives; (2) research and development objectives that should be part of Federal Aviation Administration's proposed program; (3) proposed research and development program's ability to achieve the goals and objectives of the Federal Aviation Administration, and of the National Research Council, the schedule, and the level of resources needed; and (4) the roles other Federal agencies, such as National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration, should play in wake turbulence research and development, and coordination of these efforts. (b) Report.--A report containing the results of the assessment shall be provided to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Science not later than 1 year after the date of enactment of this Act. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Federal Aviation Administration Administrator for fiscal year 2003, $500,000 to carry out this section. SEC. 8. DEVELOPMENT OF ANALYTICAL TOOLS AND CERTIFICATION METHODS. The Federal Aviation Administration may conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs to manufacturers for the certification of new products. SEC. 9. CABIN AIR QUALITY RESEARCH PROGRAM. In accordance with the recommendation of the National Academy of Sciences in its report entitled ``The Airliner Cabin Environment and the Health of Passengers and Crew'', the Federal Aviation Administration may establish a research program to answer questions about cabin air quality of aircraft. SEC. 10. RESEARCH TO IMPROVE CAPACITY AND REDUCE DELAYS. The Administrator may include, as part of the Federal Aviation Administration research program, a systematic review and assessment of the specific causes of airport delay at the 31 airports identified in the Airport Benchmarking Study, on an airport-by-airport basis. Passed the Senate November 18, 2002. Attest: JERI THOMSON, Secretary.", "summary": "Federal Aviation Administration Research, Engineering, and Development Act of 2002 - (Sec. 2) Amends Federal aviation law to authorize appropriations out of the Airport and Airway Trust Fund for FY 2003 through 2005 for the Federal Aviation Administration (FAA) for specified aviation research and development (R&D) projects.(Sec. 3) Requires the Administrators of the National Aeronautics and Space Administration (NASA) and the Federal Aviation Administration (FAA), and the Under Secretary of Transportation for Security of the Transportation Security Administration (TSA), to submit to specified congressional committees an updated integrated civil aviation R&D plan that coordinates national aviation safety and security research programs of NASA, the FAA, and the TSA.(Sec. 4) Directs the Administrator of the FAA to continue the program to consider awards to nonprofit concrete pavement research foundations to improve the design, construction, rehabilitation, and repair of rigid concrete airfield pavements to aid in the development of safer, more cost-effective, and more durable airfield pavements.(Sec. 5) Directs the Administrator of the FAA to review and determine, and report the results to specified congressional committees on, whether FAA standards for airfield pavements are in accordance with its standard 20-year-life requirement using the most up-to-date available information on the life of airfield pavements.(Sec. 6) Directs the Administrator of the FAA, in coordination with the Administrator of NASA, to participate in a national air traffic management R&D initiative designed to meet national long-term aviation security, safety, and capacity needs.(Sec. 7) Directs the Administrator of the FAA to enter into an arrangement with the National Research Council to assess, and report the results to specified congressional committees on, the FAA's proposed wake turbulence R&D program. Authorizes appropriations for FY 2003.(Sec. 8) Authorizes the FAA to conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs to manufacturers for the certification of new products.(Sec. 9) Authorizes the FAA to establish a research program to answer questions about cabin air quality of aircraft.(Sec. 10) Authorizes the Administrator of the FAA to include, as part of the FAA's research program, a systematic review and assessment of the specific causes of airport delay at the 31 airports identified in the Airport Benchmarking Study, on an airport-by-airport basis."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Sumner Project Title Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the Fort Sumner Irrigation District, located in De Baca County, New Mexico. (2) Forbearance agreement.--The term ``Forbearance Agreement'' means the contract between the United States and the District for the forbearance of exercising priority water rights numbered 08-WC-40-292 and dated August 21, 2009 (including any amendments to that contract). (3) Project.--The term ``Project'' means the Fort Sumner reclamation project. (4) Repayment contract.--The term ``Repayment Contract'' means the contract between the United States and the District numbered Ilr-1524 and dated November 5, 1948 (including any supplements and amendments to that contract). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Memorandum of agreement.--The term ``Memorandum of Agreement'' means the agreement entitled ``Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities'' and numbered 11-WC-40-406 (including any amendments to that agreement). (7) Transfer agreement.--The term ``Transfer Agreement'' means the agreement between the United States and the Fort Sumner Irrigation District that identifies the specific terms and conditions of the title transfer. This document will be completed after the requirements described in section 3(d) are satisfied. SEC. 3. CONVEYANCE. (a) In General.--The Secretary is authorized to convey to the District all right and title of the United States in and to all works, land, and facilities of the Project, in accordance with the terms and conditions established in the Transfer Agreement. (b) Valid Existing Rights.--The conveyance under this section shall be subject to all valid existing leases, permits, rights-of-way, easements, and other rights appurtenant to the property conveyed. (c) Costs of Conveyance.--The costs of the conveyance under this section, including the costs of environmental compliance, may be shared between the United States and the District, in accordance with the Memorandum of Agreement. (d) Compliance With Environmental Laws.-- (1) In general.--Before carrying out the conveyance under subsection (a), the Secretary shall assure compliance with all applicable requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other law applicable to the property conveyed. (2) Effect.--Nothing in this Act modifies or alters any obligation under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (e) Failure To Convey.--If the Secretary fails to complete the conveyance under this section by the date that is 2 years after the date of completion of the requirements described in subsection (d) of this Act, the Secretary shall submit to Congress a report that-- (1) explains the reasons why the conveyance has not been completed; and (2) states the date by which the conveyance will be completed. SEC. 4. LIABILITY. (a) In General.--Effective on the date of the conveyance under section 3, the United States-- (1) shall have no further interest in, and shall have no responsibility for operating or maintaining, the Project; and (2) shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property, except for damages caused by acts committed by the United States or employees, agents, or contractors of the United States before the date of the conveyance. (b) Effect of Section.--Nothing in this section increases the liability of the United States beyond the liability provided under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''). SEC. 5. TERMINATION OF REPAYMENT CONTRACT. Effective beginning on the date of the conveyance under section 3-- (1) the Repayment Contract shall terminate; and (2) the United States and the District shall have no obligations under the Repayment Contract. SEC. 6. FORBEARANCE AGREEMENT. (a) Payment Obligation.--In accordance with paragraph 4(a) of the Forbearance Agreement, effective beginning on the date of termination of the Repayment Contract under section 5, the United States shall have no payment obligation under paragraph 4(a) of the Forbearance Agreement. (b) Other Terms and Conditions.--All other terms and conditions of the Forbearance Agreement shall remain in full force and effect on termination of the Repayment Contract under section 5. (c) Term.--The term of the Forbearance Agreement shall be not less than 10 years after the date of enactment of this Act, as set forth in the Memorandum of Agreement. SEC. 7. FUTURE BENEFITS. After conveyance of title under this Act-- (1) the conveyed property shall not be considered to be a part of a Federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including Federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a Federal reclamation project.", "summary": "Fort Sumner Project Title Conveyance Act - Authorizes the Secretary of the Interior to convey to the Fort Sumner Irrigation District, located in De Baca County, New Mexico, all works, land, and facilities of the Fort Sumner reclamation project in accordance with the Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities. Requires the Secretary, before carrying out such conveyance, to assure compliance with all applicable requirements under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and any other law applicable to the property conveyed. Requires the Secretary to report to Congress if such conveyance isn't completed within two years after such requirements are met. Terminates, on the date of such conveyance: (1) U.S. interest in and responsibility for the project and liability relating to the conveyed property; (2) a specified repayment contract between the United States and the District dated November 5, 1948; and (3) a specified payment obligation of the United States under the contract between the United States and the District for the forbearance of exercising priority water rights, dated August 21, 2009. Provides that all other terms of such forbearance agreement shall remain in effect for not less than 10 years after this Act's enactment. Provides that after conveyance of title under this Act: (1) the conveyed property shall not be considered to be a part of a federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a federal reclamation project."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Adoption Protection Act''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--Section 2 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901) is amended-- (1) in paragraph (3), by inserting before the semicolon at the end the following: ``and who would be subject to involuntary removal from the Indian community''; (2) in paragraph (4)-- (A) by inserting ``involuntary'' before ``removal''; and (B) by striking ``nontribal public and private'' and inserting in lieu thereof ``public''; and (3) in paragraph (5), by inserting before the period at the end the following: ``in the course of involuntary termination of parental rights''. (b) Policy.--Section 3 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1902) is amended by inserting ``involuntary'' before ``removal''. SEC. 3. DEFINITIONS. Section 3 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903) is amended by adding at the end the following: ``(13) `involuntary', with respect to a child custody proceeding, means the absence of a written consent by a parent or legal guardian (other than a tribal court) of the Indian child.''. SEC. 4. CHILD CUSTODY PROCEEDINGS. (a) Jurisdiction.--Section 101 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1911) is amended-- (1) in subsection (a), by inserting ``involuntary'' before ``child custody proceeding''; (2) in subsection (b)-- (A) by inserting ``involuntary'' before ``foster care placement''; and (B) by inserting ``involuntary'' before ``termination of parental rights''; and (3) in subsection (c)-- (A) by inserting ``involuntary'' before ``foster care placement''; and (B) by inserting ``involuntary'' before ``termination of parental rights''. (b) Court Proceedings.--Section 102 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1912) is amended-- (1) in subsection (a)-- (A) by inserting ``involuntary'' before ``foster care placement'' each place it appears; and (B) by inserting ``involuntary'' before ``termination of parental rights'' each place it appears; (2) in subsection (b)-- (A) by inserting ``involuntary'' before ``removal''; (B) by inserting ``involuntary'' before ``placement''; and (C) by inserting ``involuntary'' before ``termination of parental rights''; (3) in subsection (c)-- (A) by striking ``a foster care placement'' and inserting in lieu thereof ``an involuntary foster care placement''; and (B) by inserting ``involuntary'' before ``termination of parental rights''; (4) in subsection (d)-- (A) by striking ``a foster care placement'' and inserting in lieu thereof ``an involuntary foster care placement''; and (B) by inserting ``involuntary'' before ``termination of parental rights''; (5) in subsection (e), by inserting ``involuntary'' before ``foster care placement''; and (6) in subsection (f), by inserting ``involuntary'' before ``termination of parental rights''. (c) Voluntary Termination of Parental Rights.--Section 103 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913) is amended to read as follows: ``Sec. 103. (a) Upon written consent by a parent or legal guardian (other than a tribal court) of an Indian child to a voluntary child custody proceeding, this title shall thereafter not apply to any child custody proceeding involving the Indian child, and this Act shall thereafter not be the basis for determining jurisdiction over any child custody proceeding involving the Indian child. ``(b) For the purposes of subsection (a), written consent is irrevocable.''. (d) Petition To Invalidate Action.--Section 104 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1914) is amended-- (1) by inserting ``involuntary'' before ``foster care placement''; (2) by inserting ``involuntary'' before ``termination of parental rights''; and (3) by striking ``101, 102, and 103'' and inserting in lieu thereof ``101 and 102''. (e) Adoptive Placement.--Section 105 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1915) is amended-- (1) in subsection (a), by inserting ``involuntary'' before ``adoptive placement''; (2) in subsection (b)-- (A) by inserting ``involuntary'' before ``foster care'' each place it appears; and (B) by inserting ``involuntary'' before ``preadoptive placement'' each place it appears; and (3) in subsection (c)-- (A) by striking ``a placement'' and inserting ``an involuntary placement''; and (B) by striking ``the placement'' and inserting ``the involuntary placement'' each place it appears. (f) Petition for Return of Custody.--Section 106 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1916) is amended-- (1) in subsection (a)-- (A) by inserting ``involuntary'' before ``adoption''; and (B) by striking ``foster care, preadoptive, or adoptive placement'' and inserting in lieu thereof ``involuntary foster care, involuntary preadoptive, or involuntary adoptive placement''; and (2) in subsection (b) by striking ``further''. (g) Information to Adopted Child.--Section 107 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1917) is amended by inserting ``involuntary'' before ``adoptive''. (h) Improper Removal of Child.--Section 110 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1920) is amended-- (1) by striking ``an Indian child custody proceeding'' and inserting ``an involuntary Indian child custody proceeding'' in lieu thereof; and (2) by striking ``removed the child'' and inserting in lieu thereof ``removed an Indian child''. (i) Protection of Parental Rights.--Section 111 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1921) is amended by inserting ``involuntary'' before ``child custody proceeding''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect as of January 1, 1992. Such amendments shall not apply with respect to any permanent placement of an Indian child for adoption occurring before the date of the enactment of this Act.", "summary": "Voluntary Adoption Protection Act - Amends the Indian Child Welfare Act of 1978 to exempt voluntary child custody proceedings from coverage under that Act. States that upon written consent by a parent or legal guardian of an Indian child to voluntarily terminate parental rights such Act is inapplicable with respect to any child custody proceeding involving such child."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Debbie Smith Act''. SEC. 2. AUTHORIZATION OF GRANTS FOR TRAINING IN THE HANDLING OF SEXUAL ASSAULT CASES. (a) Authorization of Grants.--The Attorney General may make grants to eligible States for use by the State to carry out sexual assault nurse examiner programs and to train law enforcement personnel and first responders in the handling of sexual assault cases and the collection and use of DNA samples for use as forensic evidence. (b) Eligibility.--For a State to be eligible to receive a grant under this section, the chief executive officer of the State shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. The application shall include a certification that the State shall comply with the quality assurance standards for collecting and processing samples issued by the Director of the Federal Bureau of Investigation under section 210303 of the DNA Identification Act of 1994. (c) Restrictions on Use of Funds.-- (1) Nonsupplanting.--Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this Act. (2) Administrative costs.--A State may not use more than 3 percent of the funds it receives from this section for administrative expenses. (d) Reports to the Attorney General.--Each State which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains-- (1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and (2) such other information as the Attorney General may require. (e) Reports to Congress.--Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to the Congress a report that includes-- (1) the aggregate amount of grants made under this section to each State for such fiscal year; and (2) a summary of the information provided by States receiving grants under this section. (f) Expenditure Records.-- (1) In general.--Each State which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section. (2) Access.--Each State which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant. (g) Definition.--For purposes of this section, the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (h) Authorization of Appropriations.--Amounts are authorized to be appropriated to the Attorney General for grants under subsection (a)-- (1) $150,000,000 for fiscal year 2002; (2) $30,000,000 for fiscal year 2003; and (3) $30,000,000 for fiscal year 2004. SEC. 3. QUALITY ASSURANCE STANDARDS FOR FORENSIC EVIDENCE COLLECTION KITS. Section 210303 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14131) is amended-- (1) in subsection (a)(1)(C)-- (A) by striking ``including standards for testing'' and inserting ``including standards for-- ``(i) testing''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(ii) collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.''; and (2) in subsection (a)(2)-- (A) by striking ``including standards for testing'' and inserting ``including standards for-- ``(A) testing''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(B) collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.''. SEC. 4. AUTHORIZATION OF GRANTS TO CARRY OUT DNA ANALYSES OF SAMPLES FROM CRIME SCENES. (a) Authorization of Grants.--The Attorney General may make grants to eligible States for use by the State to carry out, for inclusion in the Combined DNA Index System of the Federal Bureau of Investigation, DNA analyses of samples from crime scenes. (b) Eligibility.--For a State to be eligible to receive a grant under this section, the chief executive officer of the State shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. The application shall-- (1) provide assurances that the State has a plan in place, to be fully effective not later than five years after the date of such application, under which, for each sample specified in subsection (a), DNA analysis is carried out on the sample not later than 10 days after the sample was obtained; and (2) include a certification that each DNA analysis carried out under the plan shall be maintained pursuant to the privacy requirements described in section 210304(b)(3) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14132(b)(3)). (c) Restrictions on Use of Funds.-- (1) Nonsupplanting.--Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this Act. (2) Administrative costs.--A State may not use more than 3 percent of the funds it receives from this section for administrative expenses. (d) Reports to the Attorney General.--Each State which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains-- (1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and (2) such other information as the Attorney General may require. (e) Reports to Congress.--Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to the Congress a report that includes-- (1) the aggregate amount of grants made under this section to each State for such fiscal year; and (2) a summary of the information provided by States receiving grants under this section. (f) Expenditure Records.-- (1) In general.--Each State which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section. (2) Access.--Each State which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant. (g) Definition.--For purposes of this section, the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (h) Authorization of Appropriations.--Amounts are authorized to be appropriated to the Attorney General for grants under subsection (a)-- (1) $100,000,000 for fiscal year 2002; (2) $50,000,000 for fiscal year 2003; and (3) $50,000,000 for fiscal year 2004.", "summary": "Debbie Smith Act - Authorizes the Attorney General to make grants to eligible States to carry out sexual assault nurse examiner programs and to train law enforcement personnel and first responders in the handling of sexual assault cases and the collection and use of DNA samples for forensic evidence.Provides that for a State to be eligible to receive a grant, the chief executive officer of the State shall submit to the Attorney General an application which shall include a certification that the State shall comply with specified quality assurance standards.Sets forth provisions regarding restrictions on the use of funds and expenditure records.Amends the Violent Crime Control and Law Enforcement Act of 1994 to require the Director of the Federal Bureau of Investigation (FBI) to issue (and revise periodically) standards for collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.Authorizes the Attorney General to make grants to eligible States to carry out DNA analyses of samples from crime scenes for inclusion in the FBI's Combined DNA Index System. Sets forth provisions regarding State eligibility, restrictions on uses of funds, and expenditure records."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gila Bend Indian Reservation Lands Replacement Clarification Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1986, Congress passed the Gila Bend Indian Reservation Lands Replacement Act, Public Law 99-503, 100 Stat. 1798, to authorize the Tohono O'odham Nation to purchase up to 9,880 acres of replacement lands in exchange for granting all right, title and interest to the Gila Bend Indian Reservation to the United States. (2) The intent of the Gila Bend Indian Reservation Lands Replacement Act was to replace primarily agriculture land that the Tohono O'odham Nation was no longer able to use due to flooding by Federal dam projects. (3) In 1988, Congress passed the Indian Gaming Regulatory Act, which restricted the ability of Indian tribes to conduct gaming activities on lands acquired after the date of enactment of the Act. (4) Since 1986, the Tohono O'odham Nation has purchased more than 16,000 acres of land. The Tohono O'odham Nation does not currently game on any lands acquired pursuant to the Gila Bend Indian Reservation Lands Replacement Act. (5) Beginning in 2003, the Tohono O'odham Nation began taking steps to purchase approximately 134.88 acres of land near 91st and Northern Avenue in Maricopa County, within the City of Glendale (160 miles from the Indian tribe's headquarters in Sells). The Tohono O'odham Nation is now trying to have these lands taken into trust status by the Secretary of the Interior pursuant to the Gila Bend Indian Reservation Lands Replacement Act of 1986 (``Gila Bend Act''), and has asked the Secretary to declare these lands eligible for gaming, thereby allowing the Indian tribe to conduct Las Vegas style gaming on the lands. The Secretary has issued an opinion stating that he has the authority to take approximately 53.54 acres of these lands into trust status, and plans to do so when legally able to do so. (6) The State of Arizona, City of Glendale, and at least 12 Indian tribes in Arizona oppose the Tohono O'odham Nation gaming on these lands. No Indian tribe supports the Tohono O'odham Nation's efforts to conduct gaming on these lands. (7) The Tohono O'odham Nation's proposed casino violates existing Tribal-State gaming compacts and State law, Proposition 202, agreed to by all Arizona Indian tribes, which effectively limits the number of tribal gaming facilities in the Phoenix metropolitan area to seven, which is the current number of facilities operating. (8) The Tohono O'odham casino proposal will not generate sales taxes as the State Gaming Compact specifically prohibits the imposition of any taxes, fees, charges, or assessments. (9) The proposed casino would be located close to existing neighborhoods and a newly built school and raises a number of concerns. Homeowners, churches, schools, and businesses made a significant investment in the area without knowing that a tribal casino would or even could locate within the area. (10) The development has the potential to impact the future of transportation projects, including the Northern Parkway, a critical transportation corridor to the West Valley. (11) The Tohono O'odham Nation currently operates three gaming facilities: 2 in the Tucson metropolitan area and 1 in Why, Arizona. (12) Nothing in the language or legislative history of the Gila Bend Indian Reservation Lands Replacement Act indicates that gaming was an anticipated use of the replacement lands. (13) It is the intent of Congress to clarify that lands purchased pursuant to the Gila Bend Indian Reservation Lands Replacement Act are not eligible for Class II and Class III gaming pursuant to the Indian Gaming Regulatory Act. Such lands may be used for other forms of economic development by the Tohono O'odham Nation. SEC. 3. GAMING CLARIFICATION. Section 6(d) of Public Law 99-503 is amended by inserting ``except that no class II or class III gaming activities, as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703), may be conducted on such land if such land is located north of latitude 33 degrees, 4 minutes north'' after ``shall be deemed to be a Federal Indian Reservation for all purposes''. SEC. 4. NO EFFECT. The limitation on gaming set forth in the amendment made by section 3 shall have no effect on any interpretation, determination, or decision to be made by any court, administrative agency or department, or other body as to whether any lands located south of latitude 33 degrees, 4 minutes north taken into trust pursuant to this Act qualify as lands taken into trust as part of a settlement of a land claim for purposes of title 25 U.S.C. 2719(b). Passed the House of Representatives June 19, 2012. Attest: KAREN L. HAAS, Clerk.", "summary": "Gila Bend Indian Reservation Lands Replacement Clarification Act - Amends the Gila Bend Indian Reservation Lands Replacement Act to prohibit class II or III gaming activities on lands located north of latitude 33 degrees, 4 minutes north that the Tohono O'odham Nation was authorized to purchase in Arizona in exchange for granting the federal government all right, title, and interest to the Gila Bend Indian Reservation. Prohibits this gaming restriction from having any effect on any decision as to whether any lands located south of latitude 33 degrees, 4 minutes north and taken into trust pursuant to this Act qualify as lands taken into trust as part of a land claim settlement for purposes of determining whether gaming may be conducted on such lands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Retiree's Investment Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States banking system's ability to extend credit on a basis consistent with healthy economic activity is restricted by a need or desire to conserve capital in the face of anticipated losses. (2) A shortage of banking capital may continue to exist because private investors are generally unwilling to provide such capital given their inability to accurately assess the risk exposure of any individual institution while the Federal Government's ability to function as a capital provider may be constrained by concerns regarding Federal control of the banking system as well its desire to use Federal funds in numerous areas besides capitalization of the banking system. (3) State and local public pension funds are long term investors whose constituents benefit from a well-capitalized banking system with the ability to extend credit broadly at all levels of the economy. (4) Certain State and local pension plans have broad investment powers under State law which would include the ability to form cooperative business endeavors solely owned by them or in concert with public pension plans in other States. (5) Certain of these public pension plans have indicated their willingness and ability to rapidly form and fund a vehicle to be mutually owned by them for the sole purpose of investing in preferred stocks of United States banking institutions subject to certain guaranties provided by the Secretary of the Treasury or other appropriate Federal Government officer or agency. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Eligible investments.--The term ``eligible investment'' means any preferred stock investment which meets the requirements of this Act by any public pension bank capital infusion fund. (2) Public pension plans.--The term ``public pension plan'' means any State and local pension plan that has broad investment powers and authority under State law, including the authority to establish, administer, and participate in cooperative business endeavors solely owned by the plan or other public pension plans. (3) Public pension bank capital infusion fund.--The term ``public pension bank capital infusion fund'' means any investment vehicle mutually owned by public pension plans for the sole purpose of investing in preferred stocks of United States banking institutions, subject to certain guarantees provided by the Secretary of the Treasury or other appropriate Federal Government officer or agency, that meets the requirements of this Act for such capital infusion funds. (4) Qualified equity offering.--The term ``qualified equity offering'' means the sale for cash, by a financial institution after the date of an investment by a public pension bank capital infusion fund in any eligible investment issued by such institution, of perpetual preferred stock or common stock which qualifies as Tier 1 capital of such financial institution. (5) Reguarantee.--The term ``reguarantee'' means a guarantee issued by a guarantor of the payment of, or the fulfillment of any other obligation under, a guarantee issued by another guarantor. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. PUBLIC PENSION PLAN INVESTMENTS IN CERTAIN BANK PREFERRED STOCK INSTRUMENTS. (a) Guarantee and Reguarantee Authority.--The Secretary may guarantee eligible investments or reguarantee a guarantee of eligible investments. (b) Requirements and Procedures for Guarantees.-- (1) Term and other conditions of guarantees.--Any guarantee or reguarantee provided by the Secretary under subsection (a) with respect to an eligible investment shall-- (A) be an unconditional guarantee for the life of the eligible investment; and (B) shall cover the timely payment of dividends on, and the ultimate return of principal of, such eligible investment, in accordance with the terms of the eligible investment. (2) Procedures.--The process by which the Secretary shall be notified of a need to perform under a guarantee or reguarantee issue under subsection (a) and the manner in which the Secretary shall perform the duties of guarantor or reguarantor shall be mutually agreed to by the Secretary, the other guarantor, in the case of a reguarantee from the Secretary, and the public pension bank capital infusion fund. (c) Terms of Eligibility for Public Pension Plans.-- (1) Authorized under state law.--The Secretary may not guarantee or reguarantee eligible investments of a public pension bank capital infusion fund under subsection (a) unless each public pension plan which has a mutual ownership interest in such capital infusion fund is authorized under State law to establish, or participate in the formation of, a wholly owned mutual fund or a limited liability corporation, in the case of joint ownership with other public pension plans. (2) Choice of law issue.--The powers of any public pension plan for purposes of this subsection shall-- (A) in all instances be determined by the law of the domicile State of such public pension plans; and (B) in the case of a joint endeavor among public pension plans from different States, by a choice of law agreement (among the participating public pension plans) to which each State represented by a plan has granted full faith and credit. (d) Terms of Eligibility for Eligible Investments by a Public Pension Bank Capital Infusion Fund.-- (1) Maximum amount per fund.--The eligible investments of a public pension bank capital infusion fund shall be eligible for a guarantee or reguarantee under this section only if the aggregate amount of such investments by the fund do not exceed $50,000,000,000. (2) Institution eligible for investments.--Only an investment in preferred stock that meets the requirements of subsection (e) and has been issued by a financial institution which meets the definition of a qualifying financial institution under the TARP Capital Purchase Program established under the authority of the Emergency Economic Stabilization Act of 2008 may be treated as an eligible investment for purposes of this Act. (e) Preferred Stock Requirements.--Preferred stock meets the requirements of this subsection if the following terms and conditions are met by such stock: (1) Security.--The stock bears senior preferred status with a liquidation preference of $1,000 per share or higher as provided in the TARP Capital Purchase Program. (2) Ranking.--The stock is senior to common stock and pari passu with existing preferred shares other than preferred shares which by their terms rank junior to any existing preferred shares. (3) Regulatory capital status.--The preferred stock meets the requirement for treatment as Tier I capital for the financial institution which issued it. (4) Term.--The term of the stock is perpetual. (5) Dividends.-- (A) In general.--The stock pays cumulative dividends at-- (i) an initial rate of 8.5 percent per year; and (ii) after the end of the 1-year period beginning on the date of the enactment of this Act, at the prevailing reset rate determined in accordance with subparagraph (B). (B) Reset rate.--The term ``reset rate'' means the rate determined at the end of the 1-year period beginning on the date of the enactment of this Act and each 1-year period thereafter by adding together-- (i) the yield prevailing as of the close of business of the date of the determination on 10-year United States treasury notes; and (ii) the difference between 8.5 percent and the yield prevailing as of the close of business on the date of the enactment of this Act on 10-year United States treasury notes. (6) Redemption.-- (A) Timing.--The redemption of the stock is subject to the following conditions: (i) The stock may not be redeemed for a period of 3 years from the date of the initial investment by the public pension bank capital infusion fund, except with the proceeds from a qualified equity offering which results in aggregate gross proceeds to the financial institution which issued the stock of not less than 25 percent of the issue price of the stock. (ii) After the third anniversary of the date of the investment, the stock may be redeemed, in whole or in part, at any time and from time to time, at the option of the financial institution. (B) Amount.--All redemptions of the stock are at 100 percent of the issue price, plus any accrued and unpaid dividends and shall be subject to the approval of the primary Federal financial regulator of the issuing financial institution. (7) Restrictions on dividends.--For as long as the preferred stock is outstanding, no dividends may be declared or paid on junior preferred shares, preferred shares ranking pari passu with the preferred stock, or common shares (other than in the case of pari passu preferred shares' dividends on a pro rata basis with the preferred stock) nor may the financial institution which issued the preferred stock repurchase or redeem any junior preferred shares, preferred shares ranking pari passu with the preferred stock, or common shares until such time as the preferred stock has been redeemed in whole. (8) Voting rights.--The preferred stock is nonvoting, other than class voting rights on-- (A) any authorization or issuance of shares ranking senior to the preferred stock; (B) any amendment to the rights of the preferred stock; or (C) any merger, exchange or similar transaction which would adversely affect the rights of the preferred stock. (9) Appoint of directors.--The stock instrument provides that if dividends on the preferred stock are not paid in full for more than 4 consecutive dividend periods, the Secretary may elect 2 directors to serve on the board of directors of the issuing financial institution until such time as full dividends have been paid for 4 consecutive dividend periods. (10) Timing of guaranty payments.--The payment of guaranty payments under this Act shall be pursuant to a policy mutually agreed to by the Secretary, the other guarantor, in the case of a reguarantee from the Secretary, and the public pension bank capital infusion fund which policy shall be consistent with the intent of the guarantee, as specified in section 4(b). (f) Effective Period of Guarantee Authority.--Notwithstanding any other provision of this section, any guarantee or reguarantee under this subsection may only be provided on an eligible investment whose initial issuance is made before the end of the 3-year period beginning on the date of the enactment of this Act . (g) Treatment Under Other Law.--A public pension bank capital infusion fund that is a mutual fund vehicle or limited liability corporation owned by one or more public pension plans and managed under contract by an appropriate service vender (as approved by the Secretary) who reports to the fund directly or through its chief investment officer shall be deemed to be a political subdivision of a State as that term is defined in section 414(d) of the Internal Revenue Code of 1986 and shall be exempt from taxation pursuant to section 115 of such Code. (h) Reports.-- (1) In general.--In the case of any guarantee or reguarantee issued by the Secretary, under subsection (a), with respect to eligible investments, the guarantor of such eligible investments shall submit a report to the Congress (and to the Secretary, in any case in which the Secretary is the reguarantor) on the status of the guarantee or reguarantee. (2) Contents.--Each report submitted under paragraph (1) shall include, at a minimum-- (A) the name of any institution issuing eligible investments for which a guarantee is in effect; (B) the face amount of each eligible investment covered by the guarantee; (C) the amount of dividends paid, declared and due under the terms of the eligible investment; and (D) the amount of any payments made by the guarantor as a result of the enactment of this Act.", "summary": "Public Retiree's Investment Act of 2009 - Authorizes the Secretary of the Treasury to guarantee eligible investments, or reguarantee a guarantee of eligible investments, by any public pension bank capital infusion fund mutually owned by state and local pension plans for the sole purpose of investing in preferred stocks of U.S. banking institutions. Requires each public pension plan with a mutual ownership interest in a capital infusion fund to be authorized by state law to establish, or participate in the formation of, a wholly owned mutual fund or a limited liability corporation, in the case of joint ownership with other public pension plans. Caps the maximum amount of investments by such such a capital infusion fund at $50 billion. Restricts eligible investments to those in the preferred stock of a qualifying financial institution under the Troubled Asset Relief Program (TARP) Capital Purchase Program established under the Emergency Economic Stabilization Act of 2008 (EESA)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Entertainment Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Research shows that exposure to video games, television, movies, and other forms of media has powerful effects on the development of children and adolescents and that such effects can be positive or negative depending on the nature and content of the media. (2) Experimental research and longitudinal research conducted over the course of decades shows that exposure to higher levels of violence on television, in movies, and in other forms of media in adolescence causes people in the short- term and, after repeated exposure, even years later to exhibit higher levels of violent thoughts, anti-social and aggressive behavior, fear, anxiety, and hostility, and desensitization to the pain and suffering of others. (3) This evidence is so strong, it has been replicated in so many populations, and it draws on such diverse methodologies that a 2003 comprehensive review of the literature concluded ``the scientific debate over whether media violence increases aggression and violence is essentially over'' and 6 major medical and public health organizations, including the American Medical Association and the American Psychological Association, issued a Joint Statement to Congress in 2000 stating that research points ``overwhelmingly to a causal connection between media violence and aggressive behavior''. (4) New research shows that exposure to violent video games causes similar effects as does exposure to violence in other media, including increased levels of aggression in both the short-term and long-term, and research shows that the uniquely interactive, engaging nature of video games may be especially powerful in shaping children's thoughts, feelings, and behaviors. (5) Research shows that children are more likely to imitate the actions of a character with whom they identify, and in violent video games the player is often provided with a behavioral script where he or she takes the point of view of the shooter or perpetrator. (6) Research shows that children are more likely to learn from behaviors that they repeat over and over again and behaviors that they are rewarded for taking, and in most video games, surveys show, players repeat actions over and over again, aggression goes unpunished, and perpetrators are rewarded for taking aggressive action (7) The video game industry, through the Entertainment Software Ratings Board, has created a system of self- regulation, and a system to provide information to parents about the nature and content of video games. (8) The Entertainment Software Ratings Board has determined that certain video games contain intense violence and explicit sexual content that makes them inappropriate for minors, and has rated these games Mature and Adults-Only. (9) Research shows that children whose parents monitor and control their access to violent media are less likely to demonstrate the negative effects of such media. (10) Parents rely on the Entertainment Software Ratings Board ratings system to protect their children from inappropriate material yet, numerous studies have demonstrated that young people can access Mature-rated games with relative ease. (11) There is a need to enact legislation to ensure that the ratings system is meaningful. SEC. 3. DEFINITIONS. In this Act, the following definitions shall apply: (1) Business.--The term ``business'' means any ongoing lawful activity that is conducted-- (A) primarily for the purchase, sale, lease, or rental of personal or real property, or for the manufacture, processing, or marketing of products, commodities, or any other personal property; or (B) primarily for the sale of services to the public. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Entertainment software ratings board.--The term ``Entertainment Software Ratings Board'' means the independent rating system, or any successor ratings system-- (A) established by the Interactive Digital Software Association; and (B) developed to provide information to consumers regarding the content of video and computer games. (4) Video game.--The term ``video game'' means an electronic object or device that-- (A) stores recorded data or instructions; (B) receives data or instructions generated by the person who uses it; and (C) by processing such data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology. SEC. 4. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS. (a) In General.--No business shall sell or rent, or permit the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years. (b) Affirmative Defenses.-- (1) In general.--It shall be a defense to any prosecution for a violation of the prohibition under subsection (a) that a business-- (A) was shown an identification document, which the business reasonably believed to be valid, indicating that the individual purchasing or renting the video game had attained the age of 17 years or older; or (B) had an established ratings enforcement policy-- (i) as evidenced by-- (I) cash register prompts reminding employees of that business to check for identification stating that a customer is of an appropriate age to purchase or rent a video game, or an established video game age identification training program for employees of that business; (II) clear labels indicating the rating on each video game sold or rented by that business; and (III) signs on the wall of the business property explaining, in simple, easy-to-understand language, the ratings enforcement policy of that business; or (ii) as evidenced by an online age verification system, in the case of online sales. (2) Limitation.--If a business is found to repeatedly violate the prohibition in subsection (a) despite the adoption by such business of an established ratings policy as described in paragraph (1)(B), such business shall be prohibited in any prosecution for a violation of this section from using any of the defenses listed in subsection (b). (c) Penalty.--The manager or agent of the manager acting in a managerial capacity of a business found to be in violation of the prohibition under subsection (a) shall be subject to a civil penalty, community service, or both not to exceed-- (1) $1,000 or 100 hours of community service for the first violation; and (2) $5,000 or 500 hours of community service for each subsequent violation. SEC. 5. ANNUAL ANALYSIS TO PREVENT RATINGS SLIPPAGE. (a) In General.--The Commission shall contract with an organization with expertise in evaluating video game content and that has no financial or personal interest, connection, or tie with the video game industry, to determine, in a written report, on an annual basis, whether the ratings established by the Entertainment Software Ratings Board remain consistent and reliable over time. (b) Content of Analysis.--Each annual analysis report required under subsection (a) shall-- (1) evaluate a random sample of video games, representing the full menu of Entertainment Software Ratings Board ratings; (2) determine whether each such rating has essentially the same meaning from year to year; and (3) compare Entertainment Software Ratings Board ratings to independent, valid, and reliable rating systems ratings. SEC. 6. AUTHORITY TO CONDUCT SECRET AUDITS. The Commission shall conduct, and make public the results of, an annual secret audit of businesses to determine how frequently minors who attempt to purchase video games with a Mature, Adults-Only, or Rating Pending rating are able to do so successfully. SEC. 7. AUTHORITY TO INVESTIGATE MISLEADING RATINGS. (a) In General.--The Commission shall conduct, to the extent practicable, an investigation into embedded content in video games that can be accessed through a keystroke combination, pass-code, or other technological means to estimate-- (1) what proportion of video games contain embedded content that is inconsistent with the rating given to such games, and what proportion of the domestic market such games represent; (2) what proportion of video games containing embedded content that is inconsistent with the rating given to such games are known to the video game manufacturer at the time of the commercial release of the game to contain embedded content, and what proportion of the domestic market such games represent; and (3) whether video game manufacturers have the capacity to ensure that video games do not contain embedded content that is inconsistent with the ratings given to such games. (b) Sense of Congress.--It is the sense of Congress that whenever the Commission determines that the content of a video game, either immediately accessible or embedded but accessible through a keystroke combination, pass-code, or other technological means, is inconsistent with the rating given to such game, the Commission shall take appropriate action under its authority to regulate unfair or deceptive acts or practices in or affecting commerce as authorized under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (c) Timing of Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall report to Congress the findings of its investigation under subsection (a). SEC. 8. AUTHORITY TO REGISTER COMPLAINTS. (a) In General.--The Bureau of Consumer Protection of the Federal Trade Commission shall ensure that consumers can file complaints alleging that content-descriptions or labels on a video game are misleading or deceptive using the same Commission Consumer Complaint procedure by which the Bureau of Consumer Protection accepts complaints concerning other forms of unfair, deceptive, or fraudulent advertising, including through an easily accessible online filing system. (b) Report to Congress.--The Bureau of Consumer Protection shall tabulate and report to Congress, on an annual basis, the number of complaints under subsection (a) levied against each video game manufacturer and business. SEC. 9. EFFECTIVE DATE. This Act shall become effective 120 days after the date of enactment of this Act.", "summary": "Family Entertainment Protection Act - Prohibits a business from selling, renting, or permitting the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years. Subjects violators of this Act to a civil penalty. Requires the Federal Trade Commission (FTC) to contract with an expert, independent organization to determine annually whether Board ratings remain consistent and reliable. Authorizes the FTC to conduct: (1) and publicize the results of an annual secret audit of businesses to determine how frequently minors who attempt to purchase video games with a Mature, Adults-Only, or Rating Pending rating are able to do so successfully; and (2) an investigation into embedded content in video games that can be accessed through a keystroke combination, pass-code, or other technological means to estimate certain data about video games with embedded content. Expresses the sense of Congress that whenever the FTC determines that the content of a video game is inconsistent with the rating given to such game, it shall take appropriate action under its authority to regulate unfair or deceptive acts or practices in or affecting commerce. Requires the FTC's Bureau of Consumer Protection to ensure that consumers can file complaints alleging misleading or deceptive content-descriptions or labels on a video game using the same procedure (including an easily accessible online filing system) by which complaints are now accepted concerning other forms of unfair, deceptive, or fraudulent advertising."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Right to Know Act''. SEC. 2. DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES WITH RESPECT TO CAMPUS BUILDINGS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking the period at the end of subparagraph (O) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(P) the fire safety report prepared by the institution pursuant to subsection (h).''; and (2) by adding at the end the following new subsection: ``(h) Disclosure of Fire Safety Standards and Measures.-- ``(1) Fire safety reports required.--Each eligible institution participating in any program under this title shall, beginning in 2001, and each year thereafter, prepare, publish, and distribute, through appropriate publications or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing at least the following information with respect to the campus fire safety practices and standards of that institution: ``(A) A statement that identifies each student housing facility of the institution, and whether or not each such facility is equipped with a fire sprinkler system or another equally protective fire safety system. ``(B) Statistics concerning the occurrence on campus, during the 2 preceding calendar years for which data are available, of fires and false fire alarms. ``(C) For each such occurrence, a statement of the human injuries or deaths and the structural damage caused by the occurrence. ``(D) Information regarding fire alarms, smoke alarms, the presence of adequate fire escape planning or protocols, rules on portable electrical appliances, smoking and open flames (such as candles), regular mandatory supervised fire drills, and planned and future improvement in fire safety. ``(2) Rule of construction.--Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to fire safety. ``(3) Reports.--Each institution participating in any program under this title shall make timely reports to the campus community on fires that are reported to local fire departments and the incidence of false fire alarms on campus. Such reports shall be provided to students and employees in a manner that is timely and that will aid in the prevention of similar occurrences. ``(4) Logs.--Each institution participating in any program under this title shall make, keep, and maintain a log, written in a form that can be easily understood, recording all fires reported to local fire departments, including the nature, date, time, and general location of each fire, and all false fire alarms. All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law, be open to public inspection. ``(5) Reports to secretary.--On an annual basis, each institution participating in any program under this title shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(B). The Secretary shall-- ``(A) review such statistics; ``(B) make copies of the statistics submitted to the Secretary available to the public; and ``(C) in coordination with representatives of institutions of higher education, identify exemplary fire safety policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires. ``(6) Definition of campus.--In this subsection the term `campus' has the meaning provided in subsection (f)(6).''. SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION. Not later than 1 year after the date of enactment of this Act, the Secretary of Education shall prepare and submit to the Congress a report containing-- (1) an analysis of the current status of fire safety systems in college and university facilities, including sprinkler systems; (2) an analysis of the appropriate fire safety standards to apply to these facilities, which the Secretary shall prepare after consultation with such fire safety experts, representatives of institutions of higher education, and other Federal agencies as the Secretary, in the Secretary's discretion, considers appropriate; (3) an estimate of the cost of bringing all nonconforming dormitories and other campus buildings up to current new building codes; and (4) recommendations from the Secretary concerning the best means of meeting fire safety standards in all college and university facilities, including recommendations for methods to fund such cost.", "summary": "Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to the Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Partial Hospitalization Services Integrity Act of 1997''. SEC. 2. LIMITATION ON LOCATION OF PROVISION OF SERVICES. (a) In General.--Section 1861(ff)(2) of the Social Security Act (42 U.S.C. 1395x(ff)(2)) is amended in the matter following subparagraph (I)-- (1) by striking ``and furnished'' and inserting ``furnished''; and (2) by inserting before the period the following: ``, and furnished other than in a skilled nursing facility or in an individual's personal residence''. (b) Effective Date.--The amendments made by subsection (a) shall apply to partial hospitalization services furnished on or after the first day of the third month beginning after the date of the enactment of this Act. SEC. 3. QUALIFICATIONS FOR COMMUNITY MENTAL HEALTH CENTERS. Section 1861(ff)(3)(B) of the Social Security Act (42 U.S.C. 1395x(ff)(3)(B)) is amended by striking ``entity'' and all that follows and inserting the following: ``entity that-- ``(i) provides the mental health services described in paragraph (1) of section 1913(c) of the Public Health Service Act; ``(ii) meets applicable licensing or certification requirements for community mental health centers in the State in which it is located; and ``(iii) meets such additional conditions as the Secretary may specify to ensure (I) the health and safety of individuals being furnished such services, (II) the effective or efficient furnishing of such services, and (III) the compliance of such entity with the criteria described in such section.''. SEC. 4. RE-ENROLLMENT OF PROVIDERS OF CMHC PARTIAL HOSPITALIZATION SERVICES. (a) In General.--With respect to each community mental health center that furnishes partial hospitalization services for which payment is made under title XVIII of the Social Security Act, the Secretary of Health and Human Services shall provide for periodic re- certification to ensure that the provision of such services complies with section 1913(c) of the Public Health Service Act. (b) Deadline for First Re-certification.--The first re- certification under subsection (a) shall be completed not later than 1 year after the date of the enactment of this Act. SEC. 5. PROSPECTIVE PAYMENT SYSTEM FOR PARTIAL HOSPITALIZATION SERVICES. (a) Establishment of System.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by inserting after subsection (o) the following: ``(p)(1) The Secretary may establish by regulation a prospective payment system for partial hospitalization services provided by a community mental health center or by a hospital to its outpatients. The system shall provide for appropriate payment levels for efficient centers and take into account payment levels for similar services furnished by other efficient entities. ``(2) A prospective payment system established pursuant to paragraph (1) shall provide for payment amounts for-- ``(A) the first year in which such system applies, at a level so that, as estimated by the Secretary, the total aggregate payments under this part (including payments attributable to deductibles and coinsurance) are equal to the total aggregate payments that would have otherwise been made under this part if such system had not been implemented; and ``(B) each subsequent year, in an amount equal to the payment amount provided for under this paragraph for the preceding year updated by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending with September of that preceding year.''. (b) Coinsurance.--Section 1866(a)(2)(A) of such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by adding at the end the following: ``In the case of services described in section 1832(a)(2)(J), clause (ii) of the first sentence of this subparagraph shall be applied by substituting the payment basis established under section 1833(p) for the reasonable charges.''. (c) Conforming Amendments.--(1) Section 1832(a)(2) of such Act (42 U.S.C. 1395k(a)(2)) is amended-- (A) in subparagraph (B), by striking ``or subparagraph (I)'' and inserting ``, (I), or (J)''; and (B) in subparagraph (J), by striking ``provided by a community mental health center (as described in section 1861(ff)(2)(B))''. (2) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended-- (A) in paragraph (2) preceding subparagraph (A), by striking ``(H), and (I)'' and inserting ``(H), (I), and (J)''; (B) by striking ``and'' at the end of paragraph (8); (C) by striking the period at the end of paragraph (9) and inserting ``; and''; and (D) by adding at the end the following new paragraph: ``(10) in the case of partial hospitalization services, 80 percent of the payment basis under the prospective payment system established under section 1833(p).''. (d) Effective Date.--The amendments made by subsections (b) and (c) apply to services furnished on or after January 1 of the first year that begins at least 6 months after the date on which regulations are issued under section 1833(p) of such Act (42 U.S.C. 1395l(p)) as inserted by subsection (a). SEC. 6. DEMONSTRATION FOR IMPROVED PARTIAL HOSPITALIZATION SERVICES. (a) Establishment.-- (1) In general.--The Secretary of Health and Human Services shall implement a demonstration project (in this section referred to as the ``project'') under part B of title XVIII of the Social Security Act under which community mental health centers may offer expanded partial hospitalization services (described in paragraph (2)) for purposes of providing for a full continuum of ambulatory behavioral health care services. (2) Additional mental health services described.--For purposes of paragraph (1), the expanded partial hospitalization services are outpatient mental health services and such other mental health services as the Secretary determines appropriate which are not partial hospitalization services as defined in section 1861(ff)(1) of such Act (42 U.S.C. 1395x(ff)(1)). (b) Selection of Centers.--For purposes of implementing such project, the Secretary shall select for participation in the project community mental health centers that serve populations in 3 different States, 1 of which predominantly serves rural populations. (c) Capitated Payment.--Under this project, payment for expanded partial hospitalization services shall be made on a capitated basis. (d) Waiver Authority.--The Secretary may waive such provisions of title XVIII of the Social Security Act as the Secretary deems necessary to conduct the project established under this section. (e) Evaluation and Report.-- (1) Evaluation.--The Secretary shall evaluate the project. Such evaluation shall include an examination of-- (A) the project's effect on the health and well- being of beneficiaries; (B) any savings to the medicare program by reason of capitated payments for partial hospitalization services; (C) the impact of basing payment for such services on a capitated basis; and (D) the project's effect on utilization of inpatient services (including inpatient mental health services) and associated costs. (2) Report.--Not later than 4 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing a statement of the findings and conclusions of the Secretary pursuant to the evaluation conducted under paragraph (1), together with any recommendations for legislation the Secretary considers appropriate with respect to-- (A) the provision of additional mental health services by community mental health centers under partial hospitalization services; and (B) payment for such services on a capitated basis. (f) Duration.--The project shall be conducted for a 3 year period.", "summary": "Partial Hospitalization Services Integrity Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to: (1) deny coverage of partial hospitalization services in home and skilled nursing home settings; (2) provide for new qualifications for community mental health centers as the Secretary of Health and Human Services may specify to ensure the health and safety of individuals being furnished mental health services and the effective or efficient furnishing of such services; and (3) authorize the Secretary to establish by regulation a prospective payment system for partial hospitalization services provided by a community mental health center or hospital to its outpatients. Directs the Secretary to: (1) provide for periodic re-certification to ensure that the provision of such services complies with appropriate criteria under the Public Health Service Act; and (2) implement a demonstration project under Medicare part B (Supplementary Medical Insurance) under which community mental health centers may offer expanded partial hospitalization services which are not currently covered as such under Medicare for purposes of providing for a full continuum of ambulatory behavioral health care services."}
{"article": ". (a) Amendment to Title 31.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``SEC. 1311. CONTINUING APPROPRIATIONS. ``(a)(1) If any regular appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year, or in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be, or ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law. ``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period; or ``(f) For purposes of this section, the term `regular appropriation bill' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(1) Agriculture, rural development, and related agencies programs. ``(2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. ``(3) The Department of Defense. ``(4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. ``(5) The Departments of Labor, Health and Human Services, and Education, and related agencies. ``(6) The Department of Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. ``(7) Energy and water development. ``(8) Foreign assistance and related programs. ``(9) The Department of the Interior and related agencies. ``(10) Military construction. ``(11) The Department of Transportation and related agencies. ``(12) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. ``(13) The legislative branch.''. (b) Conforming Amendment.--Section 202(e)(3) of the Congressional Budget Act of 1974 is amended by inserting ``and on or before September 30'' before ``of each year''. (c) Chapter Analysis.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. (d) Effect of Amendments.--Nothing in the amendments made by this subsection shall be construed to affect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, and Medicaid.", "summary": "End Federal Shutdowns Act of 2018 This bill provides specified continuing appropriations to prevent a government shutdown if any regular appropriations bill for a fiscal year has not been enacted or a joint resolution making continuing appropriations is not in effect after the fiscal year begins. The appropriations are provided to continue to fund projects and activities for which funds were provided in the preceding fiscal year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims Protection Act of 2014''. SEC. 2. INCLUSION OF SENIOR TRIAL COUNSEL DETERMINATIONS ON REFERRAL OF CASES TO TRIAL BY COURT-MARTIAL IN CASES REVIEWED BY SECRETARIES OF MILITARY DEPARTMENTS. Section 1744 of the National Defense Authorization Act for Fiscal Year 2014 is amended-- (1) in subsection (c)-- (A) in the subsection heading, by inserting ``or Senior Trial Counsel'' after ``Staff Judge Advocate''; and (B) by inserting ``or the senior trial counsel detailed to the case'' after ``Military Justice),''; and (2) in subsection (d)-- (A) in the subsection heading, by inserting ``or Senior Trial Counsel'' after ``Staff Judge Advocate''; and (B) by inserting ``or the senior trial counsel detailed to the case'' after ``Military Justice),''. SEC. 3. ADDITIONAL ENHANCEMENTS OF MILITARY DEPARTMENT ACTIONS ON SEXUAL ASSAULT PREVENTION AND RESPONSE. (a) Additional Duty of Special Victims' Counsel.--In addition to any duties authorized by section 1044e of title 10, United States Code (as added by section 1716 of the National Defense Authorization Act for Fiscal Year 2014), a Special Victims' Counsel designated under subsection (a) of such section 1044e shall provide advice to victims of sexual assault on the advantages and disadvantages of prosecution of the offense concerned by court-martial or by a civilian court with jurisdiction over the offense before such victims express their preference as to the prosecution of the offense under subsection (b). (b) Consultation With Victims Regarding Preference in Prosecution of Certain Sexual Offenses.-- (1) In general.--The Secretaries of the military departments shall each establish a process to ensure consultation with the victim of a covered sexual offense that occurs in the United States with respect to the victim's preference as to whether the offense should be prosecuted by court-martial or by a civilian court with jurisdiction over the offense. (2) Weight afforded preference.--The preference expressed by a victim under paragraph (1) with respect to the prosecution of an offense, while not binding, should be afforded great weight in the determination whether to prosecute the offense by court-martial or by a civilian court. (3) Notice to victim of lack of civilian criminal prosecution after preference for such prosecution.--In the event a victim expresses a preference under paragraph (1) in favor of prosecution of an offence by civilian court and the civilian authorities determine to decline prosecution, or defer to prosecution by court-martial, the victim shall be promptly notified of that determination. (c) Performance Appraisals of Members of the Armed Forces.-- (1) Appraisals of all members on compliance with sexual assault prevention and response programs.--The Secretaries of the military departments shall each ensure that the written performance appraisals of members of the Armed Forces (whether officers or enlisted members) under the jurisdiction of such Secretary include an assessment of the extent to which each such member supports the sexual assault prevention and response program of the Armed Force concerned. (2) Performance appraisals of commanding officers.--The Secretaries of the military departments shall each ensure that the performance appraisals of commanding officers under the jurisdiction of such Secretary indicate the extent to which each such commanding officer has or has not established a command climate in which-- (A) allegations of sexual assault are properly managed and fairly evaluated; and (B) a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command. (d) Command Climate Assessments Following Incidents of Certain Sexual Offenses.-- (1) Assessments required.--The Secretaries of the military departments shall each establish a process whereby a command climate assessment is performed following an incident involving a covered sexual offense for each of the command of the accused and the command of the victim. If the accused and the victim are within the same command, only a single climate assessment is required. The process shall ensure the timely completion of command climate assessments for provision to military criminal investigation organizations and commanders pursuant to paragraph (2). (2) Provision to military criminal investigation organizations and commanders.--A command climate assessment performed pursuant to paragraph (1) shall be provided to the following: (A) The military criminal investigation organization conducting the investigation of the offense concerned. (B) The commander next higher in the chain of command of the command covered by the climate assessment. (e) Confidential Review of Characterization of Terms of Discharge of Victims of Sexual Offenses.-- (1) In general.--The Secretaries of the military departments shall each establish a confidential process, through boards for the correction of military records of the military department concerned, by which an individual who was the victim of a covered sexual offense during service in the Armed Forces may challenge, on the basis of being the victim of such an offense, the terms or characterization of the individual's discharge or separation from the Armed Forces. (2) Consideration of individual experiences in connection with offenses.--In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by paragraph (1), the Secretary of the military department concerned shall instruct boards to give due consideration to the psychological and physical aspects of the individual's experience in connection with the offense concerned, and to what bearing such experience may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces. (3) Preservation of confidentiality.--Documents considered and decisions rendered pursuant to the process required by paragraph (1) shall not be made available to the public, except with the consent of the individual concerned. (f) Covered Sexual Offense Defined.--In subsections (a) through (e), the term ``covered sexual offense'' means any of the following: (1) Rape or sexual assault under subsection (a) or (b) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice). (2) Forcible sodomy under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice). (3) An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). (g) Modification of Military Rules of Evidence Relating to Admissibility of General Military Character Toward Probability of Innocence.--Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be modified to clarify that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused, except that evidence of a trait of the military character of an accused may be offered in evidence by the accused when that trait is relevant to an element of an offense for which the accused has been charged. SEC. 4. APPLICABILITY OF SEXUAL ASSAULT PREVENTION AND RESPONSE AND RELATED MILITARY JUSTICE ENHANCEMENTS TO MILITARY SERVICE ACADEMIES. (a) Military Service Academies.--The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (as amended by this Act) and this Act apply to the United States Military Academy, the Naval Academy, and the Air Force Academy, as applicable. (b) Coast Guard Academy.--The Secretary of Homeland Security shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (as so amended) and this Act apply to the Coast Guard Academy. SEC. 5. COLLABORATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF JUSTICE IN EFFORTS TO PREVENT AND RESPOND TO SEXUAL ASSAULT. (a) Strategic Framework on Collaboration Required.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense and the Attorney General shall jointly develop a strategic framework for ongoing collaboration between the Department of Defense and the Department of Justice in their efforts to prevent and respond to sexual assault. The framework shall be based on and include the following: (1) An assessment of the role of the Department of Justice in investigations and prosecutions of sexual assault cases in which the Department of Defense and the Department of Justice have concurrent jurisdiction, with the assessment to include a review of and list of recommended revisions to relevant Memoranda of Understanding and related documents between the Department of Justice and the Department of Defense. (2) An assessment of the feasibility of establishing the position of advisor on military sexual assaults within the Department of Justice (using existing Department resources and personnel) to assist in the activities required under paragraph (1) and provide to the Department of Defense investigative and other assistance in sexual assault cases occurring on domestic and overseas military installations over which the Department of Defense has primary jurisdiction, with the assessment to address the feasibility of maintaining representatives or designees of the advisor at military installations for the purpose of reviewing cases of sexual assault and providing assistance with the investigation and prosecution of sexual assaults. (3) An assessment of the number of unsolved sexual assault cases that have occurred on military installations, and a plan, with appropriate benchmarks, to review those cases using currently available civilian and military law enforcement resources, such as new technology and forensics information. (4) A strategy to leverage efforts by the Department of Defense and the Department of Justice-- (A) to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention regarding sexual assault; and (B) to address social conditions that relate to sexual assault. (5) Mechanisms to promote information sharing and best practices between the Department of Defense and the Department of Justice on prevention and response to sexual assault, including victim assistance through the Violence against Women Act and Office for Victims of Crime programs of the Department of Justice. (b) Report.--The Secretary of Defense and the Attorney General shall jointly submit to the appropriate committees of Congress a report on the framework required by subsection (a). The report shall-- (1) describe the manner in which the Department of Defense and Department of Justice will collaborate on an ongoing basis under the framework; (2) explain obstacles to implementing the framework; and (3) identify changes in laws necessary to achieve the purpose of this section. (c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services and the Committee on the Judiciary of the Senate; and (2) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives. SEC. 6. MODIFICATION OF DEADLINE FOR REPORT ON NEED FOR PUNITIVE UCMJ ARTICLE ON INAPPROPRIATE CONTACT WITH PROSPECTIVE AND NEW MEMBERS OF THE ARMED FORCES. Section 1741(d) of the National Defense Authorization Act for Fiscal Year 2014 is amended by striking ``120 days'' and inserting ``60 days''. SEC. 7. SENSE OF SENATE ON INDEPENDENT PANEL ON REVIEW AND ASSESSMENT ON RESPONSE SYSTEMS TO SEXUAL ASSAULT CRIMES. It is the sense of the Senate that-- (1) the panel to review and assess the systems used to respond to sexual assault established by section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758) is conducting an independent assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses; (2) the work of the panel will be critical in informing the efforts of Congress to combat rape, sexual assault, and other sex-related crimes in the Armed Forces; (3) the panel should include in its assessment under subsection (d)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 a review of the reforms that will be enacted pursuant to title XVII of the National Defense Authorization Act for Fiscal Year 2014 (as amended by this Act) and this Act; and (4) the views of the victim advocate community should continue to be well-represented on the panel, and input from victims should continue to play a central role in informing the work of the panel. Passed the Senate March 10, 2014. Attest: NANCY ERICKSON, Secretary.", "summary": ". Victims Protection Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2014 (NDAA 2014) to revise the sexual assault prevention and response program activities of the Armed Forces. (Sec. 2) Amends NDAA 2014 to include the senior trial counsel detailed to a case involving sex-related charges in the process for determining whether such charges should be referred for a court-martial (currently, such determination is made solely by the staff judge advocate). (Sec. 3) Requires the Special Victims' Counsel, in cases involving sexual assaults in the military, to provide advice to assault victims on the advantages and disadvantages of prosecuting such assaults by court-martial or in a civilian court. Requires the Secretaries of the military departments to: (1) establish a process to ensure consultation with the victim of a sexual assault to determine such victim's preference for prosecuting such assault either by court-martial or in a civilian court, and (2) afford great weight to such preference in determining which court shall prosecute the offense. Requires notification to a victim who expresses a preference for prosecution in a civilian court if a decision is made to decline prosecution or prosecute such offense by court-martial. Requires performance appraisals of: (1) officers and enlisted personnel of the Armed Forces to include an assessment of the extent to which such members support their respective sexual assault prevention and response programs, and (2) a commanding officer to indicate the extent to which such officer has established a command climate in which allegations of sexual assault are properly managed and fairly evaluated and a victim can report criminal activity without fear of retaliation or ostracism. Requires the Secretaries of the military departments to establish a process for a command climate assessment and for a confidential challenge by an individual who was the victim of a sexual assault of the terms or characterization of such individual's discharge or separation from the Armed Forces. Requires a modification of the Military Rules of Evidence to clarify that evidence of the general military character of an individual accused of a criminal offense (good soldier defense) shall not be admissible for the purpose of showing the probability of innocence of such individual, unless such evidence is relevant to an element of the offense for which the accused has been charged. (Sec. 4) Requires the Secretary of the military department concerned to ensure that provisions of NDAA 2014 relating to sexual assault prevention and response apply to the U.S. Military Academy, the Naval Academy, and the Air Force Academy. Requires the Secretary of Homeland Security (DHS) to ensure that such provisions apply to the Coast Guard Academy. (Sec. 5) Requires the Secretary of Defense (DOD) and the Attorney General to jointly develop a strategic framework for collaboration between DOD and the Department of Justice (DOJ) to prevent and respond to cases of sexual assault and report to the Armed Services and Judiciary Committees of Congress on such framework. Requires such framework to be based on and to include: (1) an assessment of the role of DOD in investigations and prosecutions of sexual assault cases in which DOD and DOJ have concurrent jurisdiction; (2) an assessment of the feasibility of establishing the position of advisor on military sexual assaults within DOJ and provide DOD investigative and other assistance in sexual assault cases on domestic and overseas military installations; (3) an assessment of the number of unsolved sexual assault cases; (4) a strategy to leverage efforts by DOD and DOJ to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention and to address social conditions that relate to sexual assault; and (5) mechanisms to promote information sharing and best practices between DOD and DOJ. (Sec. 6) Advances from 120 to 60 days after the enactment of NDAA 2014 the due date for the report of the DOD Secretary on a proposed punitive article under the Uniform Code of Military Justice (UCMJ) for violations of prohibitions against inappropriate contact with prospective and new members of the Armed Forces. (Sec. 7) Expresses the sense of the Senate that: (1) the panel to review and assess the systems used to respond to sexual assault established by NDAA 2014 is conducting an independent assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses; (2) the work of such panel will be critical in informing the efforts of Congress to combat rape, sexual assault, and other sex-related crimes in the Armed Forces; (3) the panel should include in its assessment a review of the reforms that will be enacted by NDAA 2014; and (4) the views of the victim advocate community should continue to be well-represented on the panel."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Secondary Metal Theft Prevention Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of the Congress. Sec. 4. Purposes. Sec. 5. Purchase transaction requirements. Sec. 6. Protection of personal information. Sec. 7. Enforcement by Federal Trade Commission. Sec. 8. Enforcement by State Attorneys General. Sec. 9. Civil penalty. Sec. 10. State and local law not preempted. Sec. 11. Definitions. Sec. 12. Effective date. SEC. 2. FINDINGS. The Congress finds the following: (1) Since 2006, metal theft has been on the rise, largely due to a surge in the global demand for scrap metal and a historic increase in the price of metal commodities. (2) Theft of metal components is jeopardizing the integrity of critical infrastructure in the United States through theft of metal in transportation, electrical, and telecommunications networks. (3) Theft of manhole covers, storm water grates, highway guard rails, railroad tracks, automobile components, and street lamps pose a significant public safety risk. (4) Many State laws call on secondary metal recyclers to help deter this crime and assist law enforcement by documenting transactions and collecting information in order to identify the sellers of scrap metal and the material they are selling. These laws have been a significant deterrent to the problem of metal theft. (5) Although many States have enacted metal theft laws, metal theft is a nationwide crime that crosses state lines. (6) An overarching Federal law is necessary to deter metal theft across the country. (7) Combating the problem of metal theft will require improved communications between metal businesses and law enforcement agencies. (8) The secondary metal recycling industry should be commended for educating the public and law enforcement to the problems related to metal theft, issuing ``Do Not Buy'' lists, partnering with the National Crime Prevention Council, and creating a Theft Alert System. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that Federal, State, and local government agencies should work with representatives of the secondary metal recycling industry to develop and improve effective countermeasures to combat the theft and sale of stolen secondary metal. SEC. 4. PURPOSES. The purposes of this Act are-- (1) to protect consumers, businesses, critical infrastructure, and State and local governments from the problem of secondary metal theft; (2) to regulate interstate commerce by limiting trafficking in stolen secondary metal sold for the purpose of recycling or reuse; (3) to permit legitimate secondary metal transactions to continue to take place; and (4) to establish a system to document secondary metal transactions between sellers and buyers while addressing the growing problem of secondary metal theft. SEC. 5. PURCHASE TRANSACTION REQUIREMENTS. (a) Do-not-buy List.--Unless the seller establishes by written documentation that the seller is the owner, or an employee, agent, or other person authorized to sell on behalf of the owner, it is unlawful for a secondary metal recycling agent to purchase for recycling any secondary metal that is-- (1) marked with name, logo, or initials of a railroad, an electric, gas, or water company, a telephone company, cable company, or a public utility or that has been altered to remove, conceal, or obliterate such a name, logo, or initials through burning or cutting of wire sheathing or other means; (2) marked with the name of a city, county, or State government entity; (3) a street light pole or fixture; (4) a road or bridge guard rail; (5) a highway or street sign; (6) a water meter cover; (7) a storm water grate; (8) unused or undamaged building construction or utility material; (9) an historical marker; (10) a grave marker or cemetery urn or vase; (11) a utility access cover; or (12) a bulk container for beer with a capacity of 7.75 gallons or more. (b) Record Keeping.-- (1) In general.--A secondary metal recycling agent shall maintain a written or electronic record of each secondary metal purchase. The record shall include-- (A) the agent's name and address; (B) the date of the transaction; (C) a description of the secondary metal purchased, including-- (i) a general physical description; (ii) a product description, such as wire, tubing, extrusions, casting, or other kind of product; and (iii) the weight, quantity, or volume purchased; (D) the amount paid by the agent; (E) the name and address of the person to which the payment was made; (F) the name of the person delivering the secondary metal to the agent, including a distinctive number from a Federal or State government-issued photo identification card and a description of the type of the identification; and (G) the license tag number, State-of-issue, make, and model, if available, of the vehicle used to deliver the secondary metal to the agent. (2) Repeat sellers.--A secondary metal recycling agent may comply with the requirements of paragraph (1) with respect to the second or a subsequent purchase of secondary metal from the same person by-- (A) reference to the existing record relating to the seller; and (B) recording any information for the transaction that is different from the existing record for that person. (3) Record retention period.--A secondary metal recycling agent shall maintain any record required by this subsection for not less than 2 years from the date of the transaction to which the record relates. (c) Purchases in Excess of $75.-- (1) In general.--A secondary metal recycling agent may not pay cash for a single purchase of secondary metal in excess of $75. For purposes of this paragraph, more than 1 purchase in any 48-hour period from the same seller shall be considered to be a single purchase. (2) Payment method.-- (A) Occasional sellers.--Except as provided in subparagraph (B), for any purchase of secondary metal in excess of $75 a secondary metal recycling agent shall make payment by check that-- (i) is payable to the seller; and (ii) includes the name and address of the seller. (B) Established commercial transactions.--A secondary metal recycling agent may make payments for purchases of secondary metal in excess of $75 from a governmental or commercial supplier of secondary metal with which the agent has an established commercial relationship by electronic funds transfer or other established commercial transaction payment method through a commercial bank if the agent maintains a written record of such payments that identifies the seller, the amount paid, and the date of the purchase. (d) Public Notice Requirement.--A secondary metal recycling agent shall display, at its principal place of business and at any site at which secondary metal is accepted by or for the agent, a printed notice advising the public that the sale of stolen secondary metal is prohibited under Federal and State laws. SEC. 6. PROTECTION OF PERSONAL INFORMATION. (a) In General.--A secondary metal recycling agent or the agent, employee, or representative of a secondary metal recycling agent may not disclose the identity of any person from which the agent purchases secondary metal without the consent of the seller except in response to a request from a law enforcement agency or judicial process. (b) Safeguards.--A secondary metal recycling agent shall implement reasonable safeguards-- (1) to protect the security of information required under section 5(b)(1) maintained by that agent; and (2) to prevent unauthorized access to or disclosure of that information. (c) Limits on Liability.--A secondary metal recycling agency shall not be liable to any seller for a disclosure of information required under section 5(b)(1) if the secondary metal recycling agent has met the requirements of subsection (b) of this section. SEC. 7. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) In General.--Violation of any provision of this Act shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (b) Regulations.-- (1) In general.--The Commission may promulgate such regulations as it finds necessary or appropriate under this Act. (2) Initial guidance.--Within 6 months after the date of enactment of this Act, the Commission shall promulgate a final rule-- (A) setting forth the minimum requirements for the documentation required by section 5(a); (B) establishing criteria for record retention under section 5(b)(3); (C) establishing requirements for treatment of a seller as a governmental or commercial supplier with an established commercial relationship under section 5(c)(2)(B); (D) establishing public notice requirements under section 5(d); and (E) establishing criteria for safeguards under section 6(b). SEC. 8. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of this Act whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by the violation of this Act or a regulation under this Act by a secondary metal recycling agent doing business in that State. (b) Notice.-- (1) Notice required.--At least 30 days before filing an action under subsection (a), the attorney general of the State involved shall provide to the Federal Trade Commission-- (A) written notice of the action; and (B) a copy of the complaint for the action. (2) Authorization to proceed.--The State may bring the action if it does not receive a request from the Federal Trade Commission, within 30 days after the Commission receives the notice, not to proceed with its action. (c) Federal Proceedings.--After receiving notice under subsection (b), the Commission may-- (1) request that the State not proceed with the action pending the final disposition of a pending Federal proceeding or action; (2) initiate an action in the appropriate United States district court and move to consolidate all pending actions, including State actions, in such court; (3) intervene in the action brought under subsection (a); or (4) file petitions for appeal of a decision in such action. (c) Pending Federal Proceedings.--If the Federal Trade Commission has instituted an enforcement action against a secondary metal recycling agent for a violation of this Act or any regulation under this Act, a State may not bring an action, during the pendency of the Commission's enforcement action, under this section against that secondary metal recycling agent for any violation alleged in the Commission's enforcement action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section regarding notification shall be construed to prevent the attorney general of a State from exercising the powers conferred on such attorney general by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. SEC. 9. CIVIL PENALTY. The knowing violation of any provision of this Act is punishable by a civil penalty of not to exceed $10,000. SEC. 10. STATE AND LOCAL LAW NOT PREEMPTED. Nothing in this Act preempts any State or local law regulating the sale or purchase of secondary metal. SEC. 11. DEFINITIONS. In this Act: (1) Secondary metal.--The term ``secondary metal'' means-- (A) wire or cable commonly used by communications and electrical utilities; and (B) copper, aluminum, or other metal (including any metal combined with other materials) that is valuable for recycling or reuse as raw metal. (2) Secondary metal recycling agent.--The term ``secondary metal recycling agent'' means any person engaged in the business of purchasing secondary metal for reuse or recycling, without regard to whether that person is engaged in the business of recycling or otherwise processing the purchased secondary metal for reuse. SEC. 12. EFFECTIVE DATE. Except as required by section 7(b)(2), this Act shall take effect 6 months after the date of enactment.", "summary": "Secondary Metal Theft Prevention Act of 2009 - Expresses the sense of Congress that government agencies should work with representatives of the secondary metal recycling industry to combat the theft and sale of stolen secondary metal. Defines \"secondary metal\" as: (1) wire or cable commonly used by communications and electrical utilities; and (2) copper, aluminum, or other metal (including when combined with other materials) that is valuable for recycling or reuse as raw metal. Makes it unlawful to sell certain secondary metal unless the seller documents ownership and maintains written or electronic records of each secondary metal purchase. Includes within the prohibition: (1) secondary metal that is marked with the name, logo, or initials of a railroad, a utility company, or a state or local government; (2) highway or street poles, fixtures, rails, or signs; (3) unused or undamaged building construction or utility material; (4) historical markers or grave markers; and (5) large bulk containers for beer. Prohibits cash purchases of secondary metal in excess of $75 or small multiple cash purchases within a 48-hour period. Requires purchasers of secondary metal in excess of $75 to pay by check. Empowers the Federal Trade Commission (FTC) and state attorneys general to enforce this Act. Imposes a civil penalty for violations. Declares that this Act does not preempt any state or local law regulating the sale or purchase of secondary metal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing for Tomorrow's Schools Act of 2014''. SEC. 2. STATE INFRASTRUCTURE BANK PILOT PROGRAM. (a) Establishment.-- (1) Cooperative agreements.--Subject to the provisions of this section, the Secretary of the Treasury, in consultation with the Secretary of Education, may enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans-- (A) to local educational agencies for building or repairing elementary or secondary schools which provide free public education (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)); (B) to public libraries for building or repairing library facilities; (C) to eligible charter school entities for use for the objective described in section 5224(2) of such Act (20 U.S.C. 7223c(2)) consistent with subpart 2 of part B of title V of such Act (20 U.S.C. 7223 et seq.); and (D) to community learning centers to connect and improve broadband services. (2) Interstate compacts.--Congress grants consent to two or more of the States, entering into a cooperative agreement under paragraph (1) with the Secretary of the Treasury for the establishment of a multistate infrastructure bank, to enter into an interstate compact establishing such bank in accordance with this section. (b) Funding.--The Secretary of the Treasury, in consultation with the Secretary of Education, shall make grants to State infrastructure banks and multistate infrastructure banks in a State in a cooperative agreement under subsection (a)(1) to provide initial capital for loans provided under this section. Each bank shall apply repayments of principal and interest on loans to the making of additional loans. The Secretary shall take final action on an application for a grant under this subsection within 90 days of the date of the submission of such application. (c) Infrastructure Bank Requirements.--In order to establish an infrastructure bank under this section, each State establishing the bank shall-- (1) contribute, at a minimum, in each account of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the bank under subsection (b); (2) identify an operating entity of the State as recipient of the grant if the entity has the capacity to manage loan funds and issue debt instruments of the State for purposes of leveraging the funds; (3) allow such funds to be used as reserve for debt issued by the State so long as proceeds are deposited in the fund for loan purposes; (4) ensure that investment income generated by funds contributed to an account of the bank will be-- (A) credited to the account; (B) available for use in providing loans to projects eligible for assistance from the account; and (C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank; (5) ensure that any loan from the bank to an eligible charter school entity, local educational agency, public library, or community learning center will bear interest at or below the lowest interest rates being offered for bonds the income from which is exempt from Federal taxation, as determined by the State, to make the project that is the subject of the loan feasible; (6) ensure that repayment of any loan from the bank to an eligible charter school entity, local educational agency, public library, or community learning center will commence not later than 1 year after the project has been completed; (7) ensure that the term for repaying any loan to an eligible charter school entity, local educational agency, public library, or community learning center will not exceed 30 years after the date of the first payment on the loan under paragraph (5); (8) ensure that the funds loaned annually that are used under subsection (a)(1)(C) are limited to a percentage of the total funds loaned that does not exceed the percentage of elementary and secondary school students in the State enrolled in charter schools during the most recent school year for which enrollment data are available; (9) ensure that the funds loaned annually under subsection (a)(1)(D) are used exclusively to connect and improve broadband services; and (10) require the bank to make an annual report to the Secretary on its status and make such other reports as the Secretary may require by guidelines. (d) Forms of Assistance From Infrastructure Banks.-- (1) In general.--An infrastructure bank established under this section may make loans in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. (2) Applications for loans.--An application to an infrastructure bank for a loan shall include-- (A) in the case of a renovation project, a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds under a loan and the priorities to be applied; (B) a description of the criteria used by the applicant to determine the type of corrective action necessary for the renovation of a facility; (C) a description of improvements to be made and a cost estimate for the improvements; (D) a description of how work undertaken with the loan will promote the conservation of energy, water, or waste; and (E) such other information as the infrastructure bank may require. An infrastructure bank shall take final action on a completed application submitted to it within 90 days after the date of its submission. (3) Criteria for loans.--In considering applications for a loan to an eligible charter school entity, local educational agency, public library, or community learning center, an infrastructure bank shall consider-- (A) the extent to which the eligible charter school entity, local educational agency, public library, or community learning center involved lacks the fiscal capacity, including the ability to raise funds through the full use of such agency's bonding capacity and otherwise, to undertake the project for which the loan would be used without the loan; (B) in the case of a local educational agency, the threat that the condition of the physical plant in the project poses to the safety and well-being of students; (C) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility in the project; (D) the age of such facility; and (E) demonstrated need to connect and improve broadband services in the local community. (e) Qualifying Projects.-- (1) In general.--Subject to subsection (a)(1), a project is eligible for a loan from an infrastructure bank if it is a project that consists of-- (A) the construction of new elementary or secondary schools to meet the needs imposed by enrollment growth; (B) the repair, rebuilding, or upgrading of classrooms or structures related to academic learning, including the repair of leaking roofs, crumbling walls, inadequate plumbing, poor ventilation equipment, and inadequate heating or light equipment; (C) an activity to increase physical safety at the educational facility involved; (D) an activity to enhance the educational facility involved to provide access for students, teachers, and other individuals with disabilities; (E) an activity to address environmental or health hazards at the educational facility involved, such as poor ventilation, indoor air quality, or lighting; (F) the provision of basic infrastructure that facilitates educational technology, such as communications outlets, electrical systems, power outlets, or a communication closet; (G) work that will bring an educational facility into conformity with the requirements of-- (i) environmental protection or health and safety programs mandated by Federal, State, or local law if such requirements were not in effect when the facility was initially constructed; and (ii) hazardous waste disposal, treatment, and storage requirements mandated by the Resource Conservation and Recovery Act of 1976 or similar State laws; (H) work that will enable efficient use of available energy resources; (I) work that will reduce reliance on fossil fuels and expand use of solar power, wind power, and other renewable energy resources; (J) work to detect, remove, or otherwise contain asbestos hazards in educational facilities; (K) work to construct new public library facilities or repair or upgrade existing public library facilities; (L) work to connect entities described in subsection (a)(1) to broadband services, and to improve such connections for such entities; or (M) measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution. (2) Davis-bacon.--The wage requirements of the Act of March 3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a et seq.) shall apply with respect to individuals employed on the projects described in paragraph (1). (3) Green practices.--An entity using a loan under this section to fund a new construction or renovation project described in paragraph (1) shall ensure that the project is certified, verified, or consistent with State laws, regulations, and any applicable provisions of-- (A) the LEED Green Building Rating System; (B) Living Building Challenge; (C) the CHPS green building rating program developed by the Collaborative for High Performance Schools; or (D) a program that-- (i) has equivalent or more stringent standards; (ii) is adopted by the State or another jurisdiction with authority over the entity; and (iii) includes a verifiable method to demonstrate compliance with such program. (f) Supplementation.--Any loan made by an infrastructure bank shall be used to supplement and not supplant other Federal, State, and local funds available. (g) Limitation on Repayments.--Notwithstanding any other provision of law, the repayment of a loan from an infrastructure bank under this section may not be credited towards the non-Federal share of the cost of any project. (h) Secretarial Requirements.--In administering this section, the Secretary of the Treasury shall specify procedures and guidelines for establishing, operating, and providing assistance from an infrastructure bank. (i) United States Not Obligated.--The contribution of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (j) Management of Federal Funds.--Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (k) Program Administration.--For each of fiscal years 2015 through 2019, a State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank. (l) Secretarial Review.--The Secretary of the Treasury shall review the financial condition of each infrastructure bank established under this section and transmit to Congress a report on the results of such review not later than 90 days after the completion of the review. (m) Authorization of Appropriations.--For grants to States for the initial capitalization of infrastructure banks there are authorized to be appropriated $500,000,000 for fiscal year 2015 and for each of the 4 succeeding fiscal years. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Community learning center.--The term ``community learning center'' has the meaning given such term in section 4201(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171(b)(1)). (2) Eligible charter school entity.--The term ``eligible charter school entity'' means-- (A) a charter school (as defined in section 5210 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i)); or (B) a developer (as so defined) that has applied to an authorized public chartering agency (as so defined) to operate a charter school. (3) Local educational agency.--(A) The term ``local educational agency'' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. (B) The term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (C) The term includes an elementary or secondary school funded by the Bureau of Indian Affairs but only to the extent that such inclusion makes such school eligible for programs for which specific eligibility is not provided to such school in another provision of law and such school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that such school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. (4) Outlying area.--The term ``outlying area'' means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (5) Public library.--The term ``public library'' means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. Such term also includes a research library, which, for the purposes of this sentence, means a library that-- (A) makes its services available to the public free of charge; (B) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries; (C) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and (D) is not an integral part of an institution of higher education. (6) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.", "summary": "Investing for Tomorrow's Schools Act of 2014 - Authorizes the Secretary of the Treasury to enter into cooperative agreements with states to establish state and multistate infrastructure banks that make loans to local educational agencies, public libraries, and charter schools or their developers to construct or renovate public elementary or secondary schools and public libraries. Requires loans also to community learning centers to connect and improve broadband services. Grants congressional consent to states for interstate compacts to establish multistate infrastructure banks. Directs the Secretary to make grants to such banks to provide initial capital for such loans. Requires states to contribute from nonfederal sources at least 25% of the amount of each federal capitalization grant made to the state and contributed to the bank. Lists types of projects eligible for such bank loans. Requires borrowers to use, to the maximum extent practicable, green construction or renovation practices that are consistent with: (1) Leadership in Energy and Environmental Design (LEED) green building rating standards, (2) Energy Star standards, (3) Collaborative for High Performance Schools (CHPS) criteria, (4) Green Building Initiative environmental design and rating standards (Green Globes), or (5) equivalent standards adopted by the entities that have jurisdiction over them."}
{"article": "SECTION 1. EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM TO ASSIST DISADVANTAGED COMMUNITIES. Section 629 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197h) is amended to read as follows: ``SEC. 629. EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM TO ASSIST DISADVANTAGED COMMUNITIES. ``(a) In General.--The Director shall establish an emergency preparedness demonstration program to research and promote the capacity of disadvantaged communities to carry out programs to provide data, information, and awareness education by providing grants to or executing contracts or cooperative agreements with eligible nonprofit organizations to establish and conduct such programs. ``(b) Activities Supported.--An eligible nonprofit organization may use a grant, contract, or cooperative agreement awarded under this section-- ``(1) to conduct research into the status of emergency preparedness and disaster response awareness in households of disadvantaged individuals located in urban and rural communities, particularly in those States and regions most impacted by natural and manmade disasters and emergencies; and ``(2) to develop and promote awareness of emergency preparedness education programs within disadvantaged communities, including development and preparation of culturally competent educational and awareness materials that can be used to disseminate information to organizations and institutions serving disadvantaged individuals. ``(c) Eligible Organizations.--An organization shall be eligible to be awarded a grant, contract, or cooperative agreement under this section with respect to a program if the organization is a nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under section 501(a) of such Code, whose primary mission is to provide services to disadvantaged communities, and that can demonstrate a partnership with a disadvantaged business enterprise, including enterprises located in a HUBZone, with respect to the program. ``(d) Use of Funds.--A recipient of a grant, contract, or cooperative agreement awarded under this section may only use the proceeds of the grant, contract, or agreement to-- ``(1) acquire expert professional services necessary to conduct research in disadvantaged communities, including African American and Hispanic communities; ``(2) develop and prepare informational materials to promote awareness among disadvantaged communities about emergency preparedness and how to protect their households and communities in advance of disasters; ``(3) establish consortia with national organizations serving disadvantaged individuals, institutions of higher education serving disadvantaged individuals, and faith-based institutions to disseminate information about emergency preparedness to disadvantaged communities; and ``(4) implement a joint project with an institution serving disadvantaged individuals, including a part B institution (as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))), an institution described in subparagraph (A), (B), or (C) of section 326(e)(1) of that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), and a Hispanic-serving institution (as defined in section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))). ``(e) Application and Review Procedure.--To be eligible to receive a grant, contract, or cooperative agreement under this section, an organization must submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. The Director shall establish a procedure by which to accept such applications. ``(f) Definitions.--In this section, the following definitions apply: ``(1) Disadvantaged business enterprise.--The term `disadvantaged business enterprise' means a business enterprise owned and controlled by disadvantaged individuals. ``(2) Disadvantaged community.--The term `disadvantaged community' means a community predominately populated by disadvantaged individuals. ``(3) Disadvantaged individual.--The term `disadvantaged individual' means a socially or economically disadvantaged individual as defined by section 8(a) of the Small Business Act (15 U.S.C. 637(a)). ``(4) HUBZone.--The term `HUBZone' has the meaning given such term in section 3(p) of the Small Business Act (15 U.S.C. 632(p)). ``(g) Authorization of Appropriation.--There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2004 through 2007. Such sums shall remain available until expended.''.", "summary": "Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to change the eligibility standard for assistance under the emergency preparedness demonstration program established by such Act from \"minority communities\" to \"disadvantaged communities.\" Defines \"disadvantaged communities\" as a communities predominantly populated by socially or economically disadvantaged individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities, and whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clear Creek National Recreation Area and Conservation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Management plan.--The term ``management plan'' means the Plan for the Recreation Area prepared under section 4(c). (2) Recreation area.--The term ``Recreation Area'' means the Clear Creek National Recreation Area. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of California. (5) Off highway vehicle.--The term ``off highway vehicle'' means any motorized vehicle designed for or capable of cross- country travel on or immediately over land, water, snow, or other natural terrain and not intended for use on public roads. SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA. (a) In General.--To promote environmentally responsible off highway vehicle recreation, the area generally depicted as ``Proposed Clear Creek National Recreation Area'' on the map titled ``Proposed Clear Creek National Recreation Area'' and dated December 15, 2015, is established as the ``Clear Creek National Recreation Area'', to be managed by the Secretary. (b) Other Purposes.--The Recreation Area shall also support other public recreational uses, such as hunting, hiking, and rock and gem collecting. (c) Map on File.--Copies of the map referred to in subsection (a) shall be on file and available for public inspection in-- (1) the Office of the Director of the Bureau of Land Management; and (2) the appropriate office of the Bureau of Land Management in California. SEC. 4. MANAGEMENT. (a) In General.--The Secretary shall manage the Recreation Area to further the purposes described in section 3(a), in accordance with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any other applicable law. (b) Uses.--The Secretary shall-- (1) prioritize environmentally responsible off highway vehicle recreation and also facilitate hunting, hiking, gem collecting, and the use of motorized vehicles, mountain bikes, and horses in accordance with the management plan described in subsection (c); (2) issue special recreation permits for motorized and non- motorized events; and (3) reopen the Clear Creek Management Area to the uses described in this subsection as soon as practicable following the enactment of this Act and in accordance with the management guidelines outlined in this Act and other applicable law. (c) Interim Management Plan.--The Secretary shall use the 2006 Clear Creek Management Area Resource Management Plan Amendment and Route Designation Record of Decision as modified by this Act or the Secretary to incorporate natural resource protection information not available in 2006, as the basis of an interim management plan to govern off highway vehicle recreation within the Recreation Area pending the completion of the long-term management plan required in subsection (d). (d) Permanent Management Plan.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall create a comprehensive management plan for the Clear Creek Recreation Area that-- (1) shall describe the appropriate uses and management of the Recreation Area in accordance with this Act; (2) shall be prepared in consultation with-- (A) appropriate Federal, State, and local agencies (including San Benito, Monterey, and Fresno Counties); (B) adjacent land owners; (C) other stakeholders (including conservation and recreational organizations); and (D) holders of any easements, rights-of-way, and other valid rights in the Recreation Area; (3) shall include a hazards education program to inform people entering the Recreation Area of the asbestos related risks associated with various activities within the Recreation Area, including off-highway vehicle recreation; (4) shall include a user fee program for motorized vehicle use within the Recreational Area and guidelines for the use of the funds collected for the management and improvement of the Recreation Area; (5) shall designate as many previously used trails, roads, and other areas for off highway vehicle recreation as feasible in accordance with this in order to provide a substantially similar recreational experience, except that nothing in this paragraph shall be construed as precluding the Secretary from closing any area, trail, or route from use for the purposes of public safety or resource protection; (6) may incorporate any appropriate decisions, as determined by the Secretary, in accordance with this Act, that are contained in any management or activity plan for the area completed before the date of the enactment of this Act; (7) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Recreation Area before the date of the enactment of this Act, in accordance with this Act; (8) may use information developed under any studies of land within or adjacent to the Recreation Area carried out before the date of enactment of this Act; and (9) may include cooperative agreements with State or local government agencies to manage all or a portion of the recreational activities within the Recreation Area in accordance with an approved management plan and the requirements of this Act. (e) Acquisition of Property.-- (1) In general.--The Secretary may acquire land adjacent to the National Recreation Area by purchase from willing sellers, donation, or exchange. (2) Management.--Any land acquired under paragraph (1) shall be managed in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable law (including regulations). (3) Improved access.--The Secretary may acquire by purchase from willing sellers, donation, exchange, or easement, land, or interest in land to improve public safety in providing access to the Recreation Area. (f) Private Property.-- (1) Access to private property.-- (A) In general.--The Secretary shall provide landowners adequate access to inholdings within the Recreation Area. (B) Inholdings.--For access purposes, private land adjacent to the Recreation Area to which there is no other practicable access except through the Recreation Area shall be managed as an inholding. (2) Use of private property.--Nothing in this Act affects the ownership, management, or other rights relating to any non- Federal land (including any interest in any non-Federal land). (3) Buffer zones.--Nothing in this Act creates a protective perimeter or buffer zone around the Recreation Area. (4) Valid rights.--Nothing in this Act affects any easements, rights-of-way, and other valid rights in existence on the date of the enactment of this Act. (g) Water Right Exclusion.--Nothing in this Act-- (1) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the Recreation Area; or (2) shall affect any water rights existing on the date of the enactment of this Act. (h) Hunting and Fishing.--Nothing in this Act-- (1) limits hunting or fishing; or (2) affects the authority, jurisdiction, or responsibility of the State to manage, control, or regulate fish and resident wildlife under State law (including regulations), including the regulation of hunting or fishing on public land managed by the Bureau of Land Management. (i) Motorized Vehicles.--Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan for the use by motorized vehicles. (j) Grazing.--In the Recreation Area, the grazing of livestock in areas in which grazing is allowed as of the date of the enactment of this Act shall be allowed to continue, consistent with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any regulations promulgated by the Secretary, acting through the Director of the Bureau of Land Management. (k) Withdrawal.--Subject to valid existing rights, all Federal land within the Recreation Area is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (l) Fees.--Amounts received by the Secretary under the fee structure required by subsection (d)(4) shall be-- (1) deposited in a special account in the Treasury of the United States; and (2) made available until expended to the Secretary for use in the Recreation Area. (m) Risk Standard.--The National Oil and Hazardous Substances Pollution Contingency Plan (section 300 of title 40, Code of Federal Regulations), published pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), shall not apply to the Secretary's management of asbestos exposure risks faced by the public when recreating within the Clear Creek Recreation Area described in section 3(b). SEC. 5. JOAQUIN ROCKS WILDERNESS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 21,000 acres of Federal lands located in Fresno County and San Benito County, California, and generally depicted on a map entitled ``Proposed Joaquin Rocks Wilderness'' and dated January 14, 2015, is designated as wilderness and as a component of the National Wilderness Preservation System and shall be known as the ``Joaquin Rocks Wilderness''. SEC. 6. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS STUDY AREA. (a) Finding.--Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the San Benito Mountain wilderness study area has been adequately studied for wilderness designation. (b) Release.--The San Benito Mountain wilderness study area is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). SEC. 7. CLARIFICATION REGARDING FUNDING. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives July 5, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": "Clear Creek National Recreation Area and Conservation Act (Sec. 3) This bill establishes the Clear Creek National Recreation Area in California to promote environmentally responsible off-highway vehicle recreation and support other public recreational uses, including hunting, hiking, and rock and gem collecting. (Sec. 4) The Department of the Interior shall: prioritize environmentally responsible off-highway vehicle recreation and also facilitate hunting, hiking, gem collecting, and the use of motorized vehicles, mountain bikes, and horses; issue special recreation permits for motorized and nonmotorized events; and reopen the Clear Creek Management Area to such uses. Interior shall use the 2006 Clear Creek Management Area Travel Management Plan, as modified by this bill or by Interior, to incorporate natural resource protection information unavailable in 2006 as the basis for an interim management plan to govern off-highway vehicle recreation in the Recreation Area. Interior shall create a comprehensive management plan for the Recreation Area, which shall include: a hazards education program to inform people entering the Recreation Area of the asbestos-related risks associated with various activities within the recreation area, including off-highway vehicle recreation; and a user fee program for motorized vehicle use and guidelines for the use of the funds collected for the management and improvement of the recreation area. Interior may acquire by purchase from willing sellers, donation, or exchange: lands adjacent to the Recreation Area, and lands or interests in land to improve public safety in allowing access to the Recreation Area. Landowners must be given adequate access to inholdings within the Recreation Area. Private land adjacent to the Recreation Area to which there is no practicable access except through the recreation area shall be managed as an inholding. Nothing in this bill: creates a protective perimeter or buffer zone around the Recreation Area, constitutes a reservation by the United States of any water or water rights, limits hunting or fishing, or affects state authority to manage or regulated fish and resident wildlife. The use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan. Livestock grazing shall be allowed to continue in certain parts of the Recreation Area. The bill withdraws all federal land within the Recreation Area from: (1) all forms of entry, appropriations, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. The National Oil and Hazardous Substances Pollution Contingency Plan shall not apply to Interior's management of asbestos exposure risks faced by the public when recreating within the Recreation Area. (Sec. 5) The bill designates approximately 21,000 acres of identified federal lands in Fresno and San Benito Counties, California, as the Joaquin Rocks Wilderness, and a component of the National Wilderness Preservation System. (Sec. 6) The bill also releases the San Benito Mountain Wilderness Study Area from specified requirements applicable to public lands subject to a wilderness review. (Sec. 7) No additional funds are authorized to carry out this bill's requirements, and those requirements shall be carried out using amounts otherwise authorized."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer and Retail Sales Stimulus Act of 2001''. SEC. 2. STATE AND LOCAL SALES TAX RELIEF FOR CONSUMERS. (a) In General.--The Secretary shall reimburse each State for the amount of State and local sales tax payable and not collected during the sales tax holiday period. (b) Determination and Timing of Reimbursement.-- (1) Predetermined amount.--Not later than 30 days after the expiration of the sales tax holiday period, the Secretary shall pay to each State an amount equal to the sum of-- (A)(i) the amount of State and local sales tax payable and collected in such State during the same period in 2000 as the sales tax holiday period, times (ii) an acceleration factor equal to 1.73, plus (B) an amount equal to 1 percent of the amount determined under subparagraph (A) for State administrative costs. (2) Reconciliation amount.--Not later than 60 days after the expiration of the sales tax holiday period, the Secretary shall pay to each electing State under subsection (c)(2) an amount equal to the excess (if any) of-- (A) the amount of State and local sales tax payable and not collected in such State during the sales tax holiday period, over (B) the amount determined under paragraph (1)(A) and paid to such State. (c) Requirement for Reimbursement.--The Secretary may not pay a reimbursement under this section unless-- (1) the chief executive officer of the State informs the Secretary, not later than 10 days after the date of the enactment of this Act, of the intention of the State to qualify for such reimbursement by not collecting sales tax payable during the sales tax holiday period, (2) in the case of a State which elects to receive the reimbursement of a reconciliation amount under subsection (b)(2)-- (A) the chief executive officer of the State informs the Secretary and the Director of Management and Budget and the retail sellers of tangible property in such State, not later than 10 days after the date of the enactment of this Act, of the intention of the State to make such an election, (B) the chief executive officer of the State informs the retail sellers of tangible property in such State, not later than 10 days after the date of the enactment of this Act, of the intention of the State to make such an election and the additional information (if any) that will be required as an addendum to the standard reports required of such retail sellers with respect to the reporting periods including the sales tax holiday period, (C) the chief executive officer reports to the Secretary and the Director of Management and Budget, not later than 45 days after the expiration of the sales tax holiday period, the amount determined under subsection (b)(2) in a manner specified by the Secretary, (D) if amount determined under subsection (b)(1)(A) and paid to such State exceeds the amount determined under subsection (b)(2)(A), the chief executive officer agrees to remit to the Secretary such excess not later than 60 days after the expiration of the sales tax holiday period, and (E) the chief executive officer of the State certifies that such State-- (i) in the case of any retail seller unable to identify and report sales which would otherwise be taxable during the sales tax holiday period, shall treat the reporting by such seller of sales revenue during such period, multiplied by the ratio of taxable sales to total sales for the same period in 2000 as the sales tax holiday period, as a good faith effort to comply with the requirements under subparagraph (B), and (ii) shall not treat any such retail seller of tangible property who has made such a good faith effort liable for any error made as a result of such effort to comply unless it is shown that the retailer acted recklessly or fraudulently, (3) in the case of any home rule State, the chief executive officer of such State certifies that all local governments that impose sales taxes in such State agree to provide a sales tax holiday during the sales tax holiday period, (4) the chief executive officer of the State agrees to pay each local government's share of the reimbursement (as determined under subsection (d)) not later than 20 days after receipt of such reimbursement, and (5) in the case of not more than 20 percent of the States which elect to receive the reimbursement of a reconciliation amount under subsection (b)(2), the Director of Management and Budget certifies the amount of the reimbursement required under subsection (b)(2) based on the reports by the chief executive officers of such States under paragraph (2)(C). (d) Determination of Reimbursement of Local Sales Taxes.--For purposes of subsection (c)(4), a local government's share of the reimbursement to a State under this section shall be based on the ratio of the local sales tax to the State sales tax for such State for the same time period taken into account in determining such reimbursement, based on data published by the Bureau of the Census. (e) Definitions.--For purposes of this section-- (1) Home rule state.--The term ``home rule State'' means a State that does not control imposition and administration of local taxes. (2) Local.--The term ``local'' means a city, county, or other subordinate revenue or taxing authority within a State. (3) Sales tax.--The term ``sales tax'' means-- (A) a tax imposed on or measured by general retail sales of taxable tangible property, or services performed incidental to the sale of taxable tangible property, that is-- (i) calculated as a percentage of the price, gross receipts, or gross proceeds, and (ii) can or is required to be directly collected by retail sellers from purchasers of such property, (B) a use tax, or (C) the Illinois Retailers' Occupation Tax, as defined under the law of the State of Illinois, but excludes any tax payable with respect to food and beverages sold for immediate consumption on the premises, beverages containing alcohol, and tobacco products. (4) Sales tax holiday period.--The term ``sales tax holiday period'' means the 30-day period beginning on the 21st day occurring after the date of the enactment of this Act. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (6) State.--The term ``State'' means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico. (7) Use tax.--The term ``use tax'' means a tax imposed on the storage, use, or other consumption of tangible property that is not subject to sales tax.", "summary": "Consumer and Retail Sales Stimulus Act of 2001 - Directs the Secretary of the Treasury to reimburse States for the amount of State and local sales tax payable and not collected during the sales tax holiday period. Sets forth requirements and formulae for determining the amount and timing of reimbursement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Territorial Economic Growth and Recovery Act of 2016''. SEC. 2. REPEAL OF LIMITATION ON COVER OVER OF DISTILLED SPIRITS TAXES. (a) In General.--Section 7652(f) of the Internal Revenue Code of 1986 is repealed. (b) Effective Date.--The amendment made by this section shall apply to distilled spirits brought into the United States after December 31, 2015. SEC. 3. PAYMENTS TO UNITED STATES TERRITORIES AND POSSESSIONS. (a) Earned Income Credit.--Section 32 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(n) Treatment of Possessions.-- ``(1) Payments to possessions.-- ``(A) Mirror code possession.--The Secretary of the Treasury shall periodically (but not less frequently than annually) pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of this section (determined without regard to paragraph (2)) with respect to taxable years beginning after December 31, 2015. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. ``(B) Other possessions.--The Secretary of the Treasury shall periodically (but no less frequently than annually) pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the application of this section for taxable years beginning after December 31, 2015, if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession. ``(2) Coordination with credit allowed against united states income taxes.--No credit shall be allowed under this section for any taxable year to any person-- ``(A) to whom a credit is allowed against taxes imposed by the possession by reason of this section (determined without regard to this paragraph) for such taxable year, or ``(B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year. ``(3) Definitions and special rules.-- ``(A) Possession of the united states.--For purposes of this subsection, the term `possession of the United States' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. ``(B) Mirror code tax system.--For purposes of this subsection, the term `mirror code tax system' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States, and such system includes a tax credit substantially identical to the credit allowed under this section. ``(C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, or any similar rule of law, any payment made under this subsection shall be treated in the same manner as a refund due from the credit allowed under this section.''. (b) Child Tax Credit.--Section 24 of such Code is amended by adding at the end the following: ``(h) Payments to Virgin Islands and Guam for Lost Revenue.--The Secretary shall make annual payments to the Virgin Islands and to Guam in amounts equal to the aggregate loss to the Virgin Islands or Guam, as the case may be, by reason of the application of this section with respect to taxable years beginning after 2015. Such amounts shall be determined by the Secretary based on information provided by the Virgin Islands and Guam. For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under this section.''. (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after December 31, 2015. SEC. 4. STUDY AND REPORT REGARDING VIRGIN ISLANDS PUBLIC PENSION PLANS. Not later than 6 months after the date of the enactment of this Act, the Joint Board for the Enrollment of Actuaries established under section 3041 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1241) shall report to the Office of Domestic Finance of the Department of the Treasury on recommendations on actions that would be necessary to ensure that the public pension plans of the Virgin Islands can be sustainably maintained and funded by the government of the Virgin Islands for the next 20 years.", "summary": "Territorial Economic Growth and Recovery Act of 2016 This bill amends the Internal Revenue Code to repeal the limitation on the amount of distilled spirits excise taxes covered over (paid into) to the treasuries of the Virgin Islands and Puerto Rico. If Puerto Rico or the Northern Mariana Islands has a tax system that mirrors federal tax law (mirror code tax system), the Department of the Treasury must pay each possession amounts equal to the loss to the possession due to the application of the Earned Income Tax Credit (EITC). If the possession does not have a mirror code tax system, Treasury must pay to the possession an amount equal to the aggregate benefits that would have been provided to residents of the possession by applying the EITC if a mirror code tax system had been in effect. Treasury must pay to the Virgin Islands and Guam amounts equal to the aggregate loss to the Virgin Islands or Guam due to the Child Tax Credit. The Joint Board for the Enrollment of Actuaries must submit to Treasury's Office of Domestic Finance recommendations for actions that would be necessary to ensure that the public pension plans of the Virgin Islands can be sustainably maintained and funded by the government of the Virgin Islands for the next 20 years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Information Sharing Partnerships Act of 2006''. SEC. 2. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMATION FUSION CENTER INITIATIVE. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``SEC. 203. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMATION FUSION CENTER INITIATIVE. ``(a) Establishment.--The Secretary shall establish a State, Local, and Tribal Information Fusion Center Initiative to establish partnerships with State, local, tribal, and regional information fusion centers. ``(b) Duties.--Through the State, Local, Tribal, and Regional Information Fusion Center Initiative, the Secretary shall-- ``(1) coordinate with the principal official of each State, local, tribal, or regional information fusion center and the official designated as the Homeland Security Advisor of the State; ``(2) provide Department operational and intelligence advice and assistance to State, local, tribal, and regional information fusion centers; ``(3) support efforts to include State, local, tribal, and regional information fusion centers into efforts to establish an information sharing environment (as defined under section 1016(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3665)); ``(4) conduct table-top and live training exercises to regularly assess the capability of individual and regional networks of State, local, tribal, and regional information fusion centers to integrate the efforts of such networks with the efforts of the Department; ``(5) coordinate with other relevant Federal entities engaged in homeland security-related activities; ``(6) provide analytic and reporting advice and assistance to State, local, tribal, and regional information fusion centers; ``(7) review homeland security information gathered by State, local, tribal, and regional information fusion centers and incorporate relevant information with homeland security information of the Department; ``(8) Provide management assistance to State, local, tribal, and regional information fusion centers; ``(9) Serve as a point of contact to ensure the dissemination of relevant homeland security information. ``(10) facilitate close communication and coordination between State, local, tribal, and regional information fusion centers and the Department; ``(11) provide State, local, tribal, and regional information fusion centers with expertise on Department resources and operations; ``(12) provide training to State, local, tribal, and regional information fusion centers and encourage such information fusion centers to participate in terrorist threat- related exercises conducted by the Department; and ``(13) carry out such other duties as the Secretary determines are appropriate. ``(c) Definition of State, Local, Tribal, or Regional Information Fusion Center.--For purposes of this section, the term `State, local, tribal, or regional information fusion center' means a local or regional center comprised of State, local, or tribal governmental entities that-- ``(1) serves as a data analysis and dissemination center for potentially relevant homeland security information; ``(2) is managed by a state, local, or tribal government entity; and ``(3) is designated as a State, local, tribal, or regional information fusion center by the Secretary.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such subtitle the following: ``Sec. 203. State, Local, Tribal, and Regional Information Fusion Center Initiative''. (c) Reports.-- (1) Concept of operations.--Not later than 90 days after the date of the enactment of this Act and before the State, Local, Tribal, and Regional Information Fusion Center Initiative under section 203 of the Homeland Security Act of 2002, as added by subsection (a), has been implemented, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains a concept of operations for the Initiative, which shall include a privacy and civil liberties impact assessment. (2) Privacy and civil liberties.-- (A) Review of concept of operations.--Not later than 180 days after the date on which the report under paragraph (1) is submitted, the Privacy Officer of the Department of Homeland Security and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security shall review the privacy and civil liberties implications of the Initiative and the concept of operations and report any concerns to the Secretary of Homeland Security and the Under Secretary of Homeland Security for Intelligence and Analysis. The Secretary may not implement the Initiative until the Privacy Officer and the Officer for Civil Rights and Civil Liberties have certified that any privacy or civil liberties concerns have been addressed. (B) Review of privacy impact.--Under the authority of section 222(5) of the Homeland Security Act of 2002 (6 U.S.C. 142(5)), not later than one year after the date on which the State, Local, Tribal, and Regional Information Fusion Center Initiative is implemented, the Privacy Officer of the Department of Homeland Security, in consultation with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security, shall submit to Congress, the Secretary of Homeland Security, and the Under Secretary of Homeland Security for Intelligence and Analysis a report on the privacy and civil liberties impact of the Initiative. SEC. 3. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM. (a) Establishment of Program.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by section 2 is further amended by adding at the end the following: ``SEC. 204. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM. ``(a) Establishment.-- ``(1) In general.--The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall establish a fellowship program in accordance with this section for the purpose of-- ``(A) detailing State, local, and tribal analysts and law enforcement officials and officers to the Department to participate in the work of the Office of Intelligence and Analysis in order to become familiar with-- ``(i) the mission and capabilities of the Office of Intelligence and Analysis; and ``(ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; and ``(B) promoting information sharing between the Department and State, local, and tribal analysts and law enforcement agencies by stationing analysts and law enforcement officers alongside Department intelligence analysts in order to-- ``(i) serve as a point of contact in the Department to assist in the representation of State, local, and tribal homeland security information needs; ``(ii) identify homeland security information of interest to State, local, and tribal analysts and law enforcement officers; and ``(iii) assist Department analysts in preparing and disseminating terrorism-related products that are tailored to State, local, and tribal analysts and law enforcement agencies and designed to help thwart terrorist attacks. ``(2) Program name.--The program under this section shall be known as the `Homeland Security Information Sharing Fellows Program'. ``(b) Eligibility.-- ``(1) In general.--In order to be eligible for selection as an Information Sharing Fellow under the program, an individual must-- ``(A) have homeland security-related responsibilities or law enforcement-related responsibilities; ``(B) be eligible for an appropriate national security clearance; ``(C) possess a valid need for access to classified information, as determined by the Under Secretary for Intelligence and Analysis; and ``(D) be an employee of an eligible entity. ``(2) Eligible entities.--For purposes of this subsection, the term `eligible entity' means-- ``(A) a State, local, tribal, or regional fusion center; ``(B) a State or local law enforcement or other government entity that serves a major metropolitan area, as determined by the Secretary; ``(C) a State or local law enforcement or other government entity that serves a suburban or rural area, as determined by the Secretary; ``(D) a State or local law enforcement or other government entity with port responsibilities, as determined by the Secretary; ``(E) a State or local law enforcement or other government entity with border responsibilities, as determined by the Secretary; ``(F) a State or local law enforcement or other government entity with agricultural responsibilities, as determined by the Secretary; ``(G) a tribal law enforcement or other authority; or ``(H) such other entity as the Secretary determines is appropriate. ``(c) Optional Participation.--No State, local, or tribal law enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program. ``(d) Procedures for Nomination and Selection.-- ``(1) In general.--The Under Secretary shall establish procedures to provide for the nomination and selection of individuals to participate in the Homeland Security Information Sharing Fellows Program. ``(2) Limitations.--The Under Secretary shall-- ``(A) select analysts and law enforcement officers representing a broad cross-section of State, local, and tribal agencies; and ``(B) ensure that the number of Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis. ``(e) Length of Service.--Information Sharing Fellows shall serve for a reasonable period of time, as determined by the Under Secretary. Such period of time shall be sufficient to advance the information- sharing goals of the Under Secretary and encourage participation by as many qualified nominees as possible. ``(f) Condition.--As a condition of selecting an individual as an Information Sharing Fellow under the program, the Under Secretary shall require that the individual's employer agree to continue to pay the individual's salary and benefits during the period for which the individual is detailed. ``(g) Stipend.--During the period for which an individual is detailed under the program, the Under Secretary shall, subject to the availability of appropriations provide to the individual a stipend to cover the individual's reasonable living expenses for that period. ``(h) Security Clearances.--If an individual selected for a fellowship under the Information Sharing Fellows Program does not possess the appropriate security clearance, the Under Secretary shall ensure that security clearance processing is expedited for such individual and shall ensure that each such Information Sharing Fellow has obtained the appropriate security clearance prior to participation in the Program.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such subtitle the following: ``Sec. 204. Homeland Security Information Sharing Fellows Program''. (c) Reports.-- (1) Concept of operations.--Not later than 90 days after the date of the enactment of this Act and before the Homeland Security Information Sharing Fellows Program under section 204 of the Homeland Security Act of 2002, as added by subsection (a), has been implemented, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains a concept of operations for the Program, which shall include a privacy and civil liberties impact assessment. (2) Privacy and civil liberties.-- (A) Review of concept of operations.--Not later than 180 days after the date on which the report under paragraph (1) is submitted, the Privacy Officer of the Department of Homeland Security and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security shall review the privacy and civil liberties implications of the Program and the concept of operations and report any concerns to the Secretary of Homeland Security and the Under Secretary of Homeland Security for Intelligence and Analysis. The Secretary may not implement the Program until the Privacy Officer and the Officer for Civil Rights and Civil Liberties have certified that any privacy or civil liberties concerns have been addressed. (B) Review of privacy impact.--Under the authority of section 222(5) of the Homeland Security Act of 2002 (6 U.S.C. 142(5)), not later than one year after the date on which the Homeland Security Information Sharing Fellows Program is implemented, the Privacy Officer of the Department of Homeland Security, in consultation with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security, shall submit to Congress, the Secretary of Homeland Security, and the Under Secretary of Homeland Security for Intelligence and Analysis a report on the privacy and civil liberties impact of the Program.", "summary": "Homeland Security Information Sharing Partnerships Act of 2006 - Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security to establish a State, Local, and Tribal Information Fusion Center Initiative to establish partnerships with state, local, tribal, and regional information fusion centers (designated entities that serve as data analysis and dissemination centers for potentially relevant homeland security information). Specifies the Secretary's duties through such Initiative, including: (1) coordinating with the principal official of each state, local, tribal, or regional information fusion center and the official designated as the Homeland Security Advisor of the State; (2) providing Department of Homeland Security (DHS) operational and intelligence advice and assistance to such centers; (3) reviewing homeland security information gathered by such centers and incorporate relevant information with Department information; and (4) providing training to such centers and encourage them to participate in terrorist threat-related exercises conducted by the Department. Requires the Secretary to report to specified congressional committees with a concept of operations for the Initiative, including a privacy and civil liberties impact assessment. Directs the Secretary, acting through the Under Secretary for Intelligence and Analysis, to establish a Homeland Security Information Sharing Fellows Program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National All Schedules Prescription Electronic Reporting Reauthorization Act of 2010''. SEC. 2. AMENDMENT TO PURPOSE. Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 (Public Law 109-60) is amended to read as follows: ``(1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that-- ``(A) health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and ``(B) appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and''. SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING PROGRAM. Section 399O of the Public Health Service Act (42 U.S.C. 280g-3) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``or''; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(C) to maintain and operate an existing State- controlled substance monitoring program.''; (2) by amending subsection (b) to read as follows: ``(b) Minimum Requirements.--The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A).''; (3) in subsection (c)-- (A) in paragraph (1)(B)-- (i) in the matter preceding clause (i), by striking ``(a)(1)(B)'' and inserting ``(a)(1)(B) or (a)(1)(C)''; (ii) in clause (i), by striking ``program to be improved'' and inserting ``program to be improved or maintained''; and (iii) in clause (iv), by striking ``public health'' and inserting ``public health or public safety''; (B) in paragraph (3)-- (i) by striking ``If a State that submits'' and inserting the following: ``(A) In general.--If a State that submits''; (ii) by inserting before the period at the end ``and include timelines for full implementation of such interoperability''; and (iii) by adding at the end the following: ``(B) Monitoring of efforts.--The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A).''; (C) in paragraph (5)-- (i) by striking ``implement or improve'' and inserting ``establish, improve, or maintain''; and (ii) by adding at the end the following: ``The Secretary shall redistribute any funds that are so returned among the remaining grantees under this section in accordance with the formula described in subsection (a)(2)(B).''; (4) in the matter preceding paragraph (1) in subsection (d), by striking ``In implementing or improving'' and all that follows through ``(a)(1)(B)'' and inserting ``In establishing, improving, or maintaining a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subparagraph (B) or (C) of subsection (a)(1)''; (5) in subsections (e), (f)(1), and (g), by striking ``implementing or improving'' each place it appears and inserting ``establishing, improving, or maintaining''; (6) in subsection (f)-- (A) in paragraph (1)(B) by striking ``misuse of a schedule II, III, or IV substance'' and inserting ``misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act''; and (B) by adding at the end the following: ``(3) Evaluation and reporting.--Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary-- ``(A) to evaluate the success of the State's program in achieving its purposes; or ``(B) to prepare and submit the report to Congress required by subsection (k)(2). ``(4) Research by other entities.--A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes.''; (7) by redesignating subsections (h) through (n) as subsections (i) through (o), respectively; (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking ``subsection (h)'' each place it appears and inserting ``subsection (i)''; (9) by inserting after subsection (g) the following: ``(h) Education and Access to the Monitoring System.--A State receiving a grant under subsection (a) shall take steps to-- ``(1) facilitate prescriber use of the State's controlled substance monitoring system; and ``(2) educate prescribers on the benefits of the system both to them and society.''; (10) by amending subsection (l), as redesignated, to read as follows: ``(l) Preference.--Beginning 3 years after the date on which funds are first appropriated to carry out this section, the Secretary, in awarding any competitive grant under title V that is related to drug abuse (as determined by the Secretary) and for which only States or tribes are eligible to apply, may give preference to eligible States with applications approved under this section, to eligible States or tribes with existing controlled substance monitoring programs that meet minimum requirements under this section, or to eligible States or tribes that put forth a good faith effort to meet those requirements (as determined by the Secretary).''. (11) in subsection (m)(1), as redesignated, by striking ``establishment, implementation, or improvement'' and inserting ``establishment, improvement, or maintenance''; (12) in subsection (n)(8), as redesignated, by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and any commonwealth or territory of the United States''; and (13) by amending subsection (o), as redesignated, to read as follows: ``(o) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2011 and $10,000,000 for each of fiscal years 2012 and 2013.''. Passed the House of Representatives September 23, 2010. Attest: LORRAINE C. MILLER, Clerk.", "summary": "National All Schedules Prescription Electronic Reporting Reauthorization Act of 2010 - Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of such Act to foster the establishment of state-administered controlled substance monitoring systems in order to ensure that appropriate law enforcement, regulatory, and state professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists. Amends the Public Health Service Act to revise and update the controlled substance monitoring program, including to: (1) allow grants to be used to maintain and operate existing state controlled substance monitoring programs; (2) require the Secretary of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees; (3) require a state to provide the Secretary with aggregate data and other information to enable the Secretary to evaluate the success of the state's program and to submit a progress report to Congress; and (4) expand the program to include any commonwealth or territory of the United States. Authorizes the Drug Enforcement Administration (DEA) or a state medicaid program or state health department receiving nonidentifiable information from a controlled substance monitoring database to make such information available to other entities for research purposes. Requires a state receiving a grant to: (1) facilitate prescriber use of the state's controlled substance monitoring system; and (2) educate prescribers on the benefits of the system both to them and society. Revises preferences for grants related to drug abuse to authorize the Secretary to give preference to eligible states or tribes that put forth a good faith effort to meet minimum requirements under the controlled substance monitoring program. Authorizes appropriations for FY2011-FY2013."}
{"article": "SECTION 1. INCREASE IN MAXIMUM TAXABLE INCOME FOR 15 PERCENT RATE BRACKET. (a) In General.--Section 1(f) of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended-- (1) in paragraph (2)-- (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), (B) by inserting after subparagraph (A) the following: ``(B) for taxable years beginning in any calendar year after 1999 and before 2010-- ``(i) in the case of the table contained in subsection (c), by increasing the maximum dollar amount for the 15 percent rate bracket and the minimum dollar amount for the 28 percent rate bracket otherwise determined under subparagraph (A) by the applicable dollar amount for such calendar year, and ``(ii) in the case of the tables contained in subsections (a), (b), and (d), by increasing the maximum and minimum dollar amounts for the 15 and 28 percent rate brackets, respectively, by an amount which maintains the same proportionate differential in such dollar amounts among the tables in subsections (a), (b), (c), and (d) as existed in calendar year 1999,'', and (C) by striking ``subparagraph (A)'' in subparagraph (C) (as so redesignated) and inserting ``subparagraphs (A) and (B)'', and (2) by adding at the end the following: ``(8) Applicable dollar amount.-- ``(A) In general.--For purposes of paragraph (2)(B), the applicable dollar amount for any calendar year is equal to the applicable percentage of the excess of-- ``(i) the contribution and benefit base (as determined under section 230 of the Social Security Act) for the calendar year, over ``(ii) the maximum dollar amount for the 15 percent rate bracket for the table contained in subsection (c) for the calendar year otherwise determined under paragraph (2)(A). ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any calendar year shall be determined as follows: Applicable ``Calendar year: Percentage: 2000.......................................... 10 2001.......................................... 20 2002.......................................... 30 2003.......................................... 40 2004.......................................... 50 2005.......................................... 60 2006.......................................... 70 2007.......................................... 80 2008.......................................... 90 2009.......................................... 100.'' (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 2. USE OF NATIONAL AVERAGE WAGE INDEX FOR COST-OF-LIVING ADJUSTMENTS. (a) In General.--Section 1(f) of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by striking paragraphs (3), (4), and (5) and inserting the following: ``(3) Cost-of-living adjustment.--For purposes of paragraph (2), the cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(A) the national average wage index for the preceding calendar year, exceeds ``(B) such index for calendar year 1998. ``(4) National average wage index for any calendar year.-- For purposes of paragraph (3), the national average wage index for any calendar year is the average of such index as of the close of the 12-month period ending on August 31 of such calendar year. ``(5) National average wage index.--For purposes of this subsection, the term `national average wage index' has the meaning given such term by section 209(k)(1) of the Social Security Act, as in effect on the date of the enactment of this paragraph.'' (b) Conforming Amendments to Tax Tables To Restart Inflation Adjustment.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $43,050............... 15% of taxable income. Over $43,050 but not over $104,050. $6,457.50, plus 28% of the excess over $43,050. Over $104,050 but not over $158,550. $23,537.50, plus 31% of the excess over $104,050. Over $158,550 but not over $283,150. $40,432.50, plus 36% of the excess over $158,550. Over $283,150.................. $85,288.50 plus 39.6% of the excess over $283,150. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $34,550............... 15% of taxable income. Over $34,550 but not over $89,150. $5,182.50, plus 28% of the excess over $34,550. Over $89,150 but not over $144,400. $20,470.50, plus 31% of the excess over $89,150. Over $144,400 but not over $283,150. $37,598, plus 36% of the excess over $144,400. Over $283,150.................. $87,548 plus 39.6% of the excess over $283,150. ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a married individual (as defined in section 7703) filing a joint return or a separate return, a surviving spouse as defined in section 2(a), or a head of household as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $25,750............... 15% of taxable income. Over $25,750 but not over $62,450. $3,862.50, plus 28% of the excess over $25,450. Over $62,450 but not over $130,250. $14,138.50, plus 31% of the excess over $62,450. Over $130,250 but not over $283,150. $35,156.50, plus 36% of the excess over $130,250. Over $283,150.................. $90,200.50 plus 39.6% of the excess over $283,150. ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $21,175............... 15% of taxable income. Over $21,175 but not over $52,025. $3,228.75, plus 28% of the excess over $21,175. Over $52,025 but not over $79,275. $11,768.75, plus 31% of the excess over $52,025. Over $79,275 but not over $141,575. $20,216.20, plus 36% of the excess over $79,275. Over $141,575.................. $42,644.25 plus 39.6% of the excess over $141,575. ``(e) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,750................ 15% of taxable income. Over $1,750 but not over $4,050 $262.50, plus 28% of the excess over $1,750. Over $4,050 but not over $6,200 $906.50, plus 31% of the excess over $4,050. Over $6,200 but not over $8,450 $1,573, plus 36% of the excess over $6,200. Over $8,450.................... $2,383, plus 39.6% of the excess over $8,450.'' (c) Inflation Adjustment To Apply in Determining Rates for 2000.-- Section 1(f) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``1999'', (2) by striking ``1992'' in paragraph (3)(B) and inserting ``1998'', and (3) by striking paragraph (7). (d) Conforming Amendments.-- (1) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``1992'' and inserting ``1998'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 135(b)(2)(B)(ii). (H) Section 151(d)(4). (I) Section 220(g)(2). (J) Section 221(g)(1)(B). (K) Section 512(d)(2)(B). (L) Section 513(h)(2)(C)(ii). (M) Section 685(c)(3)(B). (N) Section 877(a)(2). (O) Section 911(b)(2)(D)(ii)(II). (P) Section 2032A(a)(3)(B). (Q) Section 2503(b)(2)(B). (R) Section 2631(c)(1)(B). (S) Section 4001(e)(1)(B). (T) Section 4261(e)(4)(A)(ii). (U) Section 6039F(d). (V) Section 6323(i)(4)(B). (W) Section 6601(j)(3)(B). (X) Section 7430(c)(1). (2) Subclause (II) of section 42(h)(6)(G)(i) of such Code is amended by striking ``1987'' and inserting ``1998''. (3) Clause (ii) of section 132(f)(6)(A) of such Code, as amended by section 9010(b)(1) of the Transportation Equity Act for the 21st Century, is amended by striking ``, by substituting `calendar year 1998' for `calendar year 1992'.'' and by inserting a period. (4) Subparagraph (A) of section 132(f)(6) of such Code, as amended by section 9010(c)(2) of the Transportation Equity Act for the 21st Century, is amended by striking clause (ii) and all that follows through ``paragraph (2)(A).'' and inserting: ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins. In the case of any taxable year beginning in a calendar year after 2002, section 1(f)(3) shall be applied by substituting `calendar year 2001' for `calendar year 1998' for purposes of adjusting the dollar amount contained in paragraph (2)(A).''. (5) Subparagraph (B) of section 6334(g)(1) of such Code is amended by striking ``, by substituting `calendar year 1998' for `calendar year 1992' in subparagraph (B) thereof''. (e) Additional Conforming Amendments.-- (1) Section 42(h)(6)(G)(ii) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``the CPI'' the first and third places it appears and inserting ``the national average wage index'', (B) by striking ``the CPI'' the second place it appears and inserting ``such index'', and (C) by striking ``section 1(f)(4)'' and inserting ``section 1(f)(5)''. (2) Section 162(p)(2) of such Code is amended by striking ``(as defined in section 1(f)(5))''. (3) Section 213(d)(10)(B)(ii)(I) of such Code is amended by striking ``(as defined in section 1(f)(5))''. (4) The last sentence of section 936(j)(4)(C) of such Code is amended by inserting ``, as in effect for taxable years beginning before January 1, 1999'' before the period. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 1998. (2) Conforming amendment.--The amendment made by subsection (d)(4) shall apply to taxable years beginning after December 31, 2001. SEC. 3. INFLATION ADJUSTMENT FOR INDIVIDUAL ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNTS. (a) In General.--Section 55(d) of the Internal Revenue Code of 1986 (relating to exemption amount) is amended by adding at the end the following: ``(4) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning after 1999, each of the dollar amounts contained in paragraph (1) and paragraph (3) (other than subparagraph (A)(ii) thereof) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year. ``(B) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.'' (b) Conforming Amendment.--Section 55(d)(3)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) $150,000 in the case of a taxpayer described in-- ``(i) paragraph (1)(A), or ``(ii) paragraph (2),''. (c) Effective Dates.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1999. (2) Conforming amendment.--The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 1998.", "summary": "Amends the Internal Revenue Code to: (1) increase the maximum taxable income for the 15 percent rate bracket; (2) replace the Consumer Price Index with the national average wage index for purposes of cost-of-living adjustments; and (3) adjust for inflation the exemption amounts used in calculating the alternative minimum tax."}
{"article": "SECTION 1. (a) The Alaska National Interest Lands Conservation Act (Public Law 96-487, 94 Stat. 2371) is amended as follows: Section 101 is amended by the addition of a new subsection (e) as follows: ``(e) In order to comply with this Act all Federal public land managers in Alaska, or a region that includes Alaska, shall participate in an ANILCA training class as outlined in this legislation to be completed within 120 days after enactment. All future appointed Federal public land managers in Alaska, or a region containing Alaska, are required to complete the aforementioned ANILCA training within 60 days of appointments.''. (b) Section 103(c) is amended by inserting ``validly selected or'' in the second sentence before the word ``conveyed''. (c) Section 202(1) is amended by adding the following at the end thereof: ``Subsistence uses by local residents shall be permitted in the park where such uses are traditional in accordance with the provisions of title VIII.''. (d) Section 302(1)(B) is amended by adding the following new subparagraph (v) at the end thereof: ``(v) to provide opportunities for fish and wildlife dependent recreation, including fishing and hunting.''. (e) Section 303(1)(B) is amended by adding the following new subparagraph (vi) at the end thereof: ``(vi) to provide opportunities for fish and wildlife dependent recreation, including fishing and hunting.''. (f) In section 1102 add a new subsection (5) at the end thereof: ``(5) The term `compatible with the uses for which the unit was established' means activities which would not cause significant adverse impacts on conservation system units purposes.''. (g) Section 1105 is amended by designating the existing language as subsection (a) and inserting a new subsection (b) as follows: ``(b) Any alternative route that may be identified by the head of the Federal agency shall not be less economically feasible and prudent than the route for the system being sought by the applicant.''. (h) Section 1109 is amended by deleting ``access.'' and inserting in lieu thereof adding ``access, including rights-of-way established under Revised Statute 2477.''. (i) Section 1110(a) is amended by adding ``specifically and tangibly'' in the second sentence before the word ``detrimental''. (j) The second sentence in section 1110(a) is amended by striking ``area'' and inserting in lieu thereof: ``area: Provided, That reasonable regulations shall not include any requirements for the demonstration of pre-existing use, and: Provide further, That the Secretary shall limit any prohibitions to the smallest area practicable, to the smallest period of time, or both. No prohibition shall occur prior to formal consultation with the State of Alaska.''. (k) The last sentence of section 1110(b) is amended by inserting ``may include easements, rights-of-way, or other interests in land or permits and'' immediately after ``such rights''. (l) In the last sentence of section 1110(b), strike ``lands.'' and inserting in lieu thereof the following: ``lands: Provided, That the Secretary shall not impose any unreasonable fees or charges on those seeking to secure their rights under this subsection. Individuals or entities possessiong rights under this subsection shall not be subject to the requirement of sections 1104, 1105, 1106, and 1107 herein.''. (m) Section 1301(d) is amended by striking ``permit'' in the final sentence and inserting in lieu thereof ``shall enable''. (n) Section 1303(a)(1)(D) is amended by striking ``located.'' and inserting in lieu thereof the following: ``located: Provided, That the applicant may not be required to waive, forfeit, or relinquish its possessory or personalty interests in a cabin or structure.''. (o) Section 1303(a)(2)(D) is amended by striking ``located.'' and inserting in lieu thereof the following: ``located: Provided, That the applicant may not be required to waive, forfeit, or relinquish its possessory or personalty interests in a cabin or structure.''. (p) Section 1303(b)(3)(D) is amended by striking ``located.'' and inserting in lieu thereof the following: ``located: Provided, That the applicant may not be required to waive, forfeit, or relinquish its possessory or personalty interests in a cabin or structure.''. (q) Section 1303 is amended by adding a new subsection (e) as follows: ``(e) All permits, permit renewals, or renewal or continuation of valid leases issued pursuant to this section shall provide for repair, maintenance, and replacement activities and may authorize alterations to cabins and similar structures that do not constitute a significant impairment of unit purposes.''. (r) Section 1307 is amended by adding a new sentence at the end as follows: ``Inability to provide the service for up to a five year period shall not constitute a relinquishment of a right under this section.''. (s) Section 1313 is amended at the end of the first sentence by striking ``regulation.'' and inserting the following: ``regulation: Provided, That a purpose of all preserves units is to provide for fish and wildlife dependent recreation including fishing and hunting.''. (t) Section 1314(c) is amended by striking ``law.'' at the end of the first sentence and inserting the following: ``law: Provided, That the taking of fish and wildlife for sport purposes shall be permitted on each unit of the Refuge system in Alaska, and: Provided further, That the Secretary may designate zones where and periods when no hunting, fishing, and trapping may be permitted for reasons of public safety, administration, floral and faunal protection, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trapping shall be put into effect only after consultation with the appropriate State agency having responsibility over hunting, fishing, and trapping.''. (u) Section 1315 is amended by adding a new subparagraph ``(g) as follows: ``(g) Within National Forest Wilderness Areas and National Forest Monument Areas as designated in this Act, the Secretary of Agriculture may permit or otherwise regulate helicopter use and landings.''. (v) Section 1316(a) is amended in the first sentence be deleting ``equipment'' and inserting in lieu thereof: ``equipment, including motorized and mechanical equipment,''. (w) Section 1316(a) is amended in the second sentence by striking ``consistent with the protection'' and inserting in lieu thereof ``not inconsistent with the conservation''. (x) Section 1316(a) is amended by striking ``permittee.'' in the last sentence and inserting in lieu thereof the following: ``permittee: Provided, That structures and facilities may be allowed to stand from season to season.''. (y) Section 1316(b) is amended by inserting ``significantly'' before the word ``detrimental''. (z) Section 1317(c) is amended by deleting ``section.'' and inserting in lieu thereof: ``section: Provided, That the Secretary shall not establish management directives, guidelines, policies or prescriptions for the purpose of administering any study area to preserve wilderness values prior to action by Congress on recommendations, if any, for wilderness designation of a study area.''. (aa) Section 1319 is amended by designating the existing text as subsection ``(a)'' and adding the following subsection (b): ``(b) Nothing in this Act shall be construed as limiting or restricting the power and authority of the State of Alaska except as expressly provided herein.''. (bb) The first sentence of section 1326(a) is amended be striking ``withdraws'' in the first sentence and inserting in lieu thereof: ``withdraws, redesignates or reclassifies into a more restrictive land management category''.", "summary": "Amends the Alaska National Interest Lands Conservation Act to add a new congressional statement of purpose which requires all Federal public land managers in Alaska to participate in an ANILCA training class. Defines, for purposes of title XI (Transportation and Utility Systems In and Across, and Access Into, Conservation System Units) of such Act, \"compatible with the uses for which the unit was established\" to mean activities which would not cause significant adverse impacts on conservation system unit purposes. Requires, under such title, that any alternative transportation or utility system route that may be identified by the head of a Federal agency shall not be less economically feasible and prudent than the route for the system being sought by the applicant. Revises provisions concerning, among other things: (1) right of access to State or private owners or occupiers; (2) the use of snowmobiles, airplanes, and nonmotorized surface transportation for traditional activities; (3) possessory or personalty interests in, as well as alterations to, cabins located on conservation system units; (4) the taking of fish and wildlife; and (5) helicopter landings. Prohibits the Secretary of the Interior from establishing policies for the purpose of administering any study area to preserve wilderness values prior to action by the Congress. Prohibits anything in ANILCA from being construed as limiting or restricting the power and authority of the State of Alaska, except as expressly provided."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Job Training and Investment Act of 1993''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Adult.--The term ``adult'' means an individual who has attained the age of 22. (2) Community-based organization.--The term ``community- based organization'' means a private, nonprofit organization, including a private, nonprofit Native American organization, that-- (A) has a board of directors composed of individuals with experience in representing or serving individuals who are economically disadvantaged or have substantial barriers to employment; (B) has a history of demonstrated effectiveness in providing employment and job training services to such individuals; and (C) has an institutional capacity to protect the investment of public funds consistent with sound management principles. (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. (4) Youth.--The term ``youth'' means an individual who has attained the age of 14 but not 22. TITLE I--GRANTS TO COMMUNITY-BASED ORGANIZATIONS Subtitle A--Capacity Building Grants SEC. 101. AUTHORIZATION. The Secretary of Labor shall provide grants to community-based organizations for the purpose of improving the capacity of such organizations to provide employment and job training services. SEC. 102. APPLICATION. (a) In General.--The Secretary may not make a grant under section 101 to a community-based organization unless the organization submits to the Secretary an application in such form and containing such information as the Secretary may require. (b) Additional Requirement.--In addition to the requirements described in subsection (a), the Secretary may not make a grant under section 101 to a community-based organization unless such organization includes in the application submitted under subsection (a) a description of a plan to improve program and staff development which will increase the capacity of the organization to plan, manage, assess, and evaluate employment and job training services carried out-- (1) from amounts received from a grant provided under section 101; (2) under the Job Training Partnership Act (29 U.S.C. 1501 et seq.); (3) under the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.); (4) under the Job Opportunities and Basic Skills Training Program authorized under part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.); and (5) under other Federal and State programs that have as their objective the improvement of employment opportunities for individuals who are economically disadvantaged or have substantial barriers to employment. SEC. 103. USE OF AMOUNTS. The Secretary may not make a grant under section 101 to a community-based organization unless the organization agrees that it will use all amounts received from such grant to improve the capacity of such organization to provide employment and job training services. SEC. 104. PRIORITY. In awarding grants under section 101, the Secretary shall give priority to those community-based organizations that-- (1) represent national networks of affiliates; and (2) have a history of providing technical assistance and training to affiliates and other local service providers. Subtitle B--Disadvantaged Youth and Adult Grants SEC. 111. AUTHORIZATION. The Secretary of Labor shall provide grants to community-based organizations for the purpose of providing attitudinal, motivational, and skills training to eligible youths and adults described in section 112. SEC. 112. ELIGIBLE YOUTHS AND ADULTS. A youth or adult shall be eligible to receive training under section 111 if the youth or adult, as the case may be-- (1) is economically disadvantaged, as such term is defined in section 4(8) of the Job Training Partnership Act (29 U.S.C. 1503); or (2) has a substantial barrier to employment, as determined by the Secretary. SEC. 113. APPLICATION. The Secretary may not make a grant under section 111 to a community-based organization unless the organization submits to the Secretary an application in such form and containing such information as the Secretary may require. SEC. 114. USE OF AMOUNTS. (a) In General.--Subject to subsection (b), the Secretary may not make a grant under section 111 to a community-based organization unless the organization agrees that it will use all amounts received from such grant to provide attitudinal, motivational, and skills training to eligible youths and adults described in section 112. To the extent practicable, such attitudinal, motivational, and skills training shall be provided in coordination with employment and job training services provided under other Federal programs, including programs under-- (1) the Job Training Partnership Act (29 U.S.C. 1501 et seq.); and (2) the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.). (b) Administrative Costs.--A community-based organization may use not more than 20 percent of amounts received from a grant under section 111 for administrative costs associated with providing attitudinal, motivational, and skills training described in subsection (a). TITLE II--NATIONAL ADVISORY COMMITTEE ON COMMUNITY-BASED ORGANIZATIONS SEC. 201. ESTABLISHMENT. The Secretary shall establish a National Advisory Committee on Community-Based Organizations (in this title referred to as the ``Committee''). SEC. 202. DUTIES. The Committee shall-- (1) study the role of community-based organizations in providing employment and job training services in the United States, with special emphasis on such organizations providing such services under the Job Training Partnership Act (29 U.S.C. 1501 et seq.); and (2) conduct an evaluation of the effectiveness of the employment and job training services provided to disadvantaged youths and adults by community-based organizations from amounts received from grants provided under section 111. SEC. 203. REPORT. Not later than June 30, 1994, the Committee shall submit to the Congress a report containing a summary of the study and evaluation conducted under section 202. TITLE III--AUTHORIZATION OF APPROPRIATIONS SEC. 301. AUTHORIZATION. There are authorized to be appropriated to carry out this Act, $50,000,000 for each of the fiscal years 1994 and 1995. Of the amounts appropriated for each fiscal year-- (1) 24 percent of such amount shall be made available to carry out subtitle A of title I; (2) 70 percent of such amount shall be made available to carry out subtitle B of title I; (3) 5 percent of such amount shall be made available for administrative costs of the Secretary associated with providing grants under title I; and (4) 1 percent of such amount shall be made available for administrative costs of the Commission under title II.", "summary": "TABLE OF CONTENTS: Title I: Grants to Community-Based Organizations Title II: National Advisory Committee on Community-Based Organizations Community Job Training and Investment Act of 1993 - Title I: Grants to Community-Based Organizations - Subtitle A: Capacity Building Grants - Directs the Secretary of Labor to make grants to community-based organizations to improve their capacity to provide employment and job training services. Requires grant applications, plans, and use agreements. Gives priority to organizations that represent national networks of affiliates and have a history of providing technical assistance and training to affiliates and other local service providers. Subtitle B: Disadvantaged Youth and Adult Grants - Directs the Secretary to make grants to community-based organizations to provide attitudinal, motivational, and skills training to youths and adults who are economically disadvantaged or have a substantial barrier to employment. Requires grant applications, use agreement, coordination with other Federal programs of employment and job training services, and administrative cost limitation. Title II: National Advisory Committee on Community-Based Organizations - Directs the Secretary to establish a National Advisory Committee on Community-Based Organizations to study such organizations' role in providing employment and job training services, especially under the Job Training Partnership Act, and evaluate such services provided from grants under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Recovery and Growth Act''. SEC. 2. EXTENSION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS FOR CERTAIN CITIES. (a) In General.--Part III of subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 1400U-4. EXTENSION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS FOR CERTAIN CITIES. ``(a) In General.--In the case of an economic development extension bond-- ``(1) such bond shall be treated for purposes of section 6431 as a qualified bond issued before January 1, 2011, ``(2) subsection (b) of such section shall be applied by substituting `45 percent' for `35 percent', and ``(3) interest on such bond shall be includible in gross income. ``(b) Economic Development Extension Bond.--For purposes of this section-- ``(1) In general.--The term `economic development extension bond' means any specified bond issued during the 1-year period beginning on the date of the enactment of this section as part of an issue if-- ``(A) 100 percent of the excess of-- ``(i) the available project proceeds (as defined in section 54A) of such issue, over ``(ii) the amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue, are to be used for one or more qualified purposes, and ``(B) the issuer designates such bond for purposes of this section. ``(2) Specified bond.-- ``(A) In general.--The term `specified bond' means any obligation (other than a private activity bond) if the interest on such obligation would (but for this section) be excludable from gross income under section 103. ``(B) Applicable rules.--For purposes of applying subparagraph (A)-- ``(i) rules similar to the rules of section 54AA(d)(2) shall apply, and ``(ii) section 148 shall not apply with respect to any issue with respect to which the excess described in paragraph (1)(A) is used for a qualified purpose described in paragraph (3)(B). ``(3) Qualified purposes.--The term `qualified purposes' means-- ``(A) any qualified economic development purpose (as defined in section 1400U-2(c), applied by treating specified cities (and only specified cities) as recovery zones), and ``(B) any refinancing of indebtedness of a specified city which is outstanding on the date of the enactment of this section. ``(4) Specified city.--The term `specified city' means any principal city for a metropolitan statistical area (as determined by the Office of Management and Budget) which-- ``(A) has an average unemployment rate of not less than 150 percent of the national average rate for the last calendar year ending before the date of the enactment of this section, and ``(B) has lost at least 20 percent of its population between calendar year 2000 and calendar year 2010. ``(5) Limitation on amount of bonds designated.-- ``(A) In general.--The maximum aggregate face amount of bonds which may be designated under paragraph (1) with respect to any specified city shall not exceed the bond limitation allocated to such city under subparagraph (B). ``(B) Allocation.--The Secretary shall allocate bond limitation to each specified city such that the bond limitation allocated to such city bears the same proportion to $1,000,000,000 as the population of such city (as determined for purposes of the 2010 census) bears to the total population of all specified cities (as so determined).''. (b) Clerical Amendment.--The table of sections for part III of subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1400U-4. Extension of recovery zone economic development bonds for certain cities.''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.", "summary": "Urban Recovery and Growth Act - Amends the Internal Revenue Code to authorize the issuance of economic development extension bonds for the purpose of economic development or refinancing the indebtedness of a city that has an average unemployment rate of not less than 150% of the national average in the preceding calendar year and that has lost at least 20% of its population between 2000 and 2010."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Export Promotion Enhancement Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purpose. TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988 Sec. 101. Establishment and purpose. Sec. 102. Duties. Sec. 103. Strategic plan. Sec. 104. Director and Associate Directors. Sec. 105. Staff; experts and consultants. Sec. 106. Advisory Board on Trade Promotion. Sec. 107. Report to Congress. Sec. 108. Report on export policy. Sec. 109. Authorization of appropriations. Sec. 110. Clerical amendment. Sec. 111. Effective date. TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES Sec. 201. Conforming amendments to other laws. Sec. 202. References. SEC. 2. FINDINGS. Congress finds the following: (1) As the world's largest economy, the United States has an enormous stake in the future of the global trading system. (2) Exports are a crucial force driving the United States economy and job creation. (3) While nearly 97 percent of United States exporters are small and medium enterprises (SMEs), SMEs account for just over one-fourth of exports, leaving much room for growth. (4) Two-thirds of United States exporters have fewer than 20 employees and sell to just one foreign market. (5) Manufacturers account for 61 percent of total United States exports with small manufacturers accounting for approximately 15 percent of total United States exports. Thirty percent of small manufacturers do not currently export but would consider doing so if they had more help in securing vital information on foreign markets, customers, and export procedures. (6) United States small and medium enterprises face tough competition from trading partners of the United States that aggressively undertake export promotion programs that directly support and underwrite the expanded growth in trade of their small and medium enterprises. (7) United States trade promotion is carried out in part by 21 departments and agencies of the Federal Government. Representatives from these Federal departments and agencies are members of the Trade Promotion Coordinating Committee (TPCC), a Federal committee that has not lived up to congressional intent to provide a seamless offering of export promotion products and services due in part to the inadequate allocation of resources and a lack of ultimate decision making budget input authority to ensure effective results are achieved for the invested resources. SEC. 3. PURPOSE. The purpose of this Act and the amendments made by this Act is to improve the performance and results of trade promotion policies and programs of the Federal Government in accordance with the Government Performance and Results Act of 1993 (Public Law 103-62). TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988 SEC. 101. ESTABLISHMENT AND PURPOSE. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``in the Executive Office of the President'' after ``shall establish''; (ii) by striking ``Trade Promotion Coordinating Committee'' and inserting ``Office of Trade Promotion''; and (iii) by striking ``TPCC'' each place it appears and inserting ``Office''; (B) in paragraph (1), by inserting ``and oversee'' after ``to coordinate''; and (C) in paragraph (2), by inserting ``and supervise implementation of'' after ``to develop''; and (2) in subsections (b) through (f), by striking ``TPCC'' each place it appears and inserting ``Office''. SEC. 102. DUTIES. Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(b)) is amended-- (1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (2) by inserting before paragraph (2) (as redesignated) the following new paragraph: ``(1) advise the President, and others within the Executive Office of the President, on matters relating to trade promotion policies and programs of the United States Government;''. (3) in paragraph (2) (as redesignated), by striking ``coordinate'' and inserting ``supervise''; (4) in paragraph (4) (as redesignated)-- (A) in the matter preceding subparagraph (A)-- (i) by inserting ``and attainment of measurable results'' after ``better delivery of services''; and (ii) by inserting ``with emphasis on small and medium enterprises'' after ``United States businesses''; and (B) in subparagraph (C), by adding at the end before the semicolon the following: ``, including assistance to match United States businesses with foreign businesses, as appropriate''; (5) in paragraph (5) (as redesignated), by inserting ``and enhance the effectiveness of'' after ``prevent unnecessary duplication in''; and (6) in paragraph (6) (as redesignated) to read as follows: ``(6) review and make input on the appropriate levels and allocation of resources among agencies in support of export promotion and export financing and advise the President as to the concurrence in these allocations based on its review; and''. SEC. 103. STRATEGIC PLAN. Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``and explain'' and inserting ``, explain''; and (B) by adding at the end before the semicolon the following: ``, and detail the benchmarks for the implementation of the priorities''; (2) in paragraph (2), by inserting ``and effectiveness'' after ``to improve coordination''; and (3) in paragraph (4)-- (A) by striking ``propose to the President an annual'' and inserting ``include in the annual Federal budget submission to Congress a detailed''; (B) by striking ``that supports'' and inserting ``and oversee its implementation so it supports''; and (C) by adding ``and'' after the semicolon; (4) in paragraph (5), by striking ``; and'' and inserting a period; and (5) by striking paragraph (6). SEC. 104. DIRECTOR AND ASSOCIATE DIRECTORS. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended by striking subsection (d) and inserting the following new subsection: ``(d) Director and Associate Directors.-- ``(1) Director.--There shall be at the head of the Office a Director of the Office of Trade Promotion, who shall-- ``(A) be appointed by the President, by and with the advice and consent of the Senate; and ``(B) be compensated at a rate consistent with the compensation of the directors of other offices within the Executive Office of the President. ``(2) Associate directors.--The President may appoint not more than two Associate Directors of the Office of Trade Promotion, by and with the advice and consent of the Senate, who shall each-- ``(A) be compensated at a rate not to exceed the rate provided for other associate directors of offices within the Executive Office of the President; and ``(B) perform such functions as the Director may prescribe.''. SEC. 105. STAFF; EXPERTS AND CONSULTANTS. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended by striking subsection (e) and inserting the following new subsection: ``(e) Staff; Experts and Consultants.-- ``(1) Staff.-- ``(A) In general.--The Director of the Office may appoint and fix the pay of additional personnel as the Director considers appropriate. ``(B) Staff of federal agencies.--Upon request of the Director, the head of any Federal department or agency that is represented on the Advisory Board on Trade Promotion established pursuant to subsection (f) may detail any of the personnel of that department or agency to the Office to assist it in carrying out its duties under this section. ``(2) Experts and consultants.--The Director of the Office may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-15 of the General Schedule.''. SEC. 106. ADVISORY BOARD ON TRADE PROMOTION. (a) Advisory Board on Trade Promotion.--Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) Advisory Board on Trade Promotion.-- ``(1) Establishment and purpose.--The President shall establish the Advisory Board on Trade Promotion (hereafter in this subsection referred to as the `Advisory Board'). The purpose of the Advisory Board shall be to advise the Director of the Office in carrying out the duties of the Office under this section and section 6 of the Export Enhancement Act of 1999 (15 U.S.C. 4727a). ``(2) Membership.-- ``(A) In general.--Members of the Advisory Board shall include representatives from-- ``(i) the Department of Agriculture; ``(ii) the Department of Commerce; ``(iii) the Department of Defense; ``(iv) the Department of Energy; ``(v) the Department of the Interior; ``(vi) the Department of Labor; ``(vii) the Department of State; ``(viii) the Department of Transportation; ``(ix) the Department of the Treasury; ``(x) the Environmental Protection Agency; ``(xi) the Export-Import Bank of the United States; ``(xii) the United States Agency for International Development; ``(xiii) the Millennium Challenge Corporation; ``(xiv) the Office of Management and Budget; ``(xv) the Overseas Private Investment Corporation; ``(xvi) the Small Business Administration; ``(xvii) the Trade and Development Agency; ``(xviii) the Office of the United States Trade Representative; and ``(xix) at the discretion of the President, such other departments or agencies as may be necessary. ``(B) Chairperson.--The Secretary of Commerce shall serve as the chairperson of the Advisory Board. ``(3) Member qualifications.--Members of the Advisory Board shall be appointed by the heads of their respective departments or agencies. Such members, as well as alternates designated by any members unable to attend a meeting of the Advisory Board, shall be individuals who exercise significant decisionmaking authority in their respective departments or agencies.''. (b) Environmental Trade Promotion.-- (1) Environmental trade working group.--Section 2313(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(b)) is amended-- (A) in the heading, by striking ``Trade Promotion Coordination Committee'' and inserting ``Advisory Board on Trade Promotion''; (B) in paragraph (1)-- (i) by striking ``Trade Promotion Coordination Committee'' and inserting ``Advisory Board on Trade Promotion''; and (ii) by striking ``TPCC'' and inserting ``Advisory Board''; (C) in paragraph (2)(A), by striking ``TPCC'' and inserting ``Advisory Board''; and (D) in paragraph (4) to read as follows: ``(4) Report to congress.--The chairperson of the Advisory Board shall submit to the Director of the Office of Trade Promotion a report on the activities of the Working Group to be included in the annual report submitted to Congress by the Director of the Office pursuant to section 2312(g).''. (2) Environmental technologies trade advisory committee.-- Section 2313(c)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(c)(1)) is amended by striking ``TPCC'' and inserting ``Advisory Board''. (3) International regional environmental initiatives.-- Section 2313(h) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(h)) is amended by striking ``TPCC'' each place it appears and inserting ``Office of Trade Promotion''. SEC. 107. REPORT TO CONGRESS. (a) Report to Congress.--Section 2312(g) of the Export Enhancement Act of 1988 (as redesignated by section 106(a)(1) of this title) is amended to read as follows: ``(g) Report to Congress.-- ``(1) In general.--The Director of the Office shall prepare and submit to the appropriate congressional committees an annual report that describes the strategic plan developed by the Office pursuant to subsection (c), the implementation of the plan and any revisions thereto, and the extent to which funding for the plan is appropriate. ``(2) Definition.--In this subsection, the term `appropriate congressional committees' means-- ``(A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and ``(B) the Committee on Foreign Affairs of the House of Representatives.''. SEC. 108. REPORT ON EXPORT POLICY. Section 2314(b)(1)(B) of the Export Enhancement Act of 1988 (15 U.S.C. 4729(b)(1)(B)) is amended to read as follows: ``(B) the report of the Director of the Office of Trade Promotion that contains the strategic plan submitted to Congress in accordance with section 2312(g);''. SEC. 109. AUTHORIZATION OF APPROPRIATIONS. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727), as amended by this title, is further amended by adding at the end the following new subsection: ``(h) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section and section 2313, section 6 of the Export Enhancement Act of 1999, and section 304 of the FREEDOM Support Act such sums as may be necessary for fiscal year 2008 and each subsequent fiscal year. ``(2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.''. SEC. 110. CLERICAL AMENDMENT. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727(a)) is amended in the heading by striking ``trade promotion coordinating committee'' and inserting ``office of trade promotion''. SEC. 111. EFFECTIVE DATE. The President shall establish the Office of Trade Promotion and the Advisory Board on Trade Promotion pursuant to section 2312 of the Export Enhancement Act of 1988 (as amended by this title) not later than 180 days after the date of the enactment of this Act. TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES SEC. 201. CONFORMING AMENDMENTS TO OTHER LAWS. (a) Export Enhancement Act of 1999.--The Export Enhancement Act of 1999 is amended-- (1) in section 6 (15 U.S.C. 1547a)-- (A) in the heading, by striking ``tpcc'' and inserting ``the office of trade promotion''; (B) in the matter preceding paragraph (1), by striking ``Trade Promotion Coordinating Committee'' and inserting ``Office of Trade Promotion''; and (C) in paragraph (3), by striking ``inclding'' and inserting ``including''; and (2) in the heading of section 7, by striking ``tpcc reports'' and inserting ``reports of the office of trade promotion''. (b) FREEDOM Support Act.--The FREEDOM Support Act is amended-- (1) in section 303(b) (22 U.S.C. 5823(b)), by striking ``Chair of the Trade Promotion Coordinating Committee'' and inserting ``Director of the Office of Trade Promotion''; (2) in section 304 (22 U.S.C. 5824)-- (A) in the heading, by striking ``trade promotion coordinating committee'' and inserting ``office of trade promotion''; and (B) in the matter preceding paragraph (1), by striking ``Trade Promotion Coordinating Committee'' and inserting ``Office of Trade Promotion''; and (3) by amending the item relating to section 304 of the table of contents to read as follows: ``Sec. 304. Interagency working group on energy of the Office of Trade Promotion.''. (c) Export-Import Bank Act of 1945.--Section 2(b)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A)) is amended by striking ``Trade Promotion Coordinating Committee'' and inserting ``Office of Trade Promotion''. SEC. 202. REFERENCES. Any reference in a law, regulation, document, or other record of the United States to the Trade Promotion Coordinating Committee or TPCC shall be deemed to be a reference to the Office of Trade Promotion.", "summary": "Export Promotion Enhancement Act of 2008 - Amends the Export Enhancement Act of 1988 to establish in the Executive Office of the President the Office of Trade Promotion. (Currently, there exists a Trade Promotion Coordinating Committee (TPCC), which the Office shall replace.) Requires the Office to perform duties currently assigned to the TPCC, as well as advise the President and others within the Executive Office on matters relating to trade promotion policies and programs of the U.S. Government. Requires the President to appoint an Office Director. Authorizes the President to appoint up to two Associate Directors. Directs the President to establish the Advisory Board on Trade Promotion to advise the Office Director."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Holocaust Accountability in Insurance Measure''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) between 1933 and 1945, the Nazi regime and its collaborators conducted systematic, bureaucratic, and State- sponsored persecution and murder of approximately six million Jews--the genocidal act known as the Holocaust; (2) before and during World War II, millions of European Jews had purchased, in good faith, life insurance policies with certain European insurance companies because these policies were a popular form of savings and investment that provided a means of safeguarding a family's assets, assisting in retirement planning, providing for a dowry, or saving for the education of children; (3) after the Nazis came to power in Germany, they systematically confiscated the insurance assets, including the cash value of life insurance policies, of Jews and other designated enemies of the Nazi regime; (4) after the conclusion of World War II, European insurers often rejected insurance claims of Holocaust victims and heirs who lacked required documentation, such as death certificates; (5) during the 50 years since the end of the war, only a small percentage of Holocaust victims and their families have been successful in collecting on their policies; (6) in 1998, the International Commission on Holocaust Era Insurance Claims (ICHEIC) was established by U.S. State insurance regulators, European insurers, and certain nongovernmental organizations to act as a facilitator between insurers and beneficiaries to help expedite payouts on contested insurance policies; (7) to date ICHEIC has received over 90,000 claims and has only made 2,281 settlement offers, which amounts to less than a 3% success rate; (8) these insurance payments should be expedited to the victims of the most heinous crime of the 20th century to ensure that they do not become victims a second time; (9) States should be allowed to collect Holocaust-era insurance information from foreign-based insurance companies that want to do business in the State; and (10) Holocaust victims and their families should be able to recover claims on Holocaust era insurance policies in Federal court when they deem it necessary to seek redress through the judicial system. SEC. 3. STATE AUTHORITY TO ESTABLISH REQUIREMENTS FOR CONDUCTING INSURANCE BUSINESS. (a) In General.--A State may establish requirements on insurers as a condition of doing insurance business in that State, to the extent such requirements are consistent with the due process guarantees of the Constitution of the United States, as follows: (1) Information requirements.--The State may require that an insurer provide to the State the following information regarding Holocaust era insurance policies: (A) Whether the insurer, or any affiliate or predecessor company, sold any such policies. (B) The number of such policies sold by the insurer, and any affiliates and predecessor companies, and the number the insurer and its affiliates currently have in their possession. (C) The identity of the holder and beneficiary of each such policy sold or held and current status of each such policy. (D) The city of origin, domicile, and address for each policyholder listed. (E) If an insurer has no such policies to report because records are no longer in the possession of the insurer or its affiliates, a statement explaining the reasons for the lack of possession of such records. (F) Any other information regarding such policies as the State considers appropriate. (2) Requirements regarding payment of policies.--A State may require that an insurer certify that, with respect to any Holocaust era insurance policies sold or at any time held by the insurer-- (A) the proceeds of the policy were paid; (B) the beneficiaries of the policy or heirs or such beneficiaries could not, after diligent search, be located, and the proceeds were distributed to Holocaust survivors or charities; (C) a court of law has certified a plan for the distribution of the proceeds; or (D) the proceeds have not been distributed. (b) Holocaust Era Insurance Policies.--For purposes of this section, the term ``Holocaust era insurance policy'' means a policy for insurance coverage that-- (1) was in force at any time during the 26-year period beginning with 1920 and ending with 1945; and (2) has a policy beneficiary, policyholder, or insured life that is a listed Holocaust victim. SEC. 4. FEDERAL CAUSE OF ACTION FOR COVERED CLAIMS. (a) Federal Cause of Action.-- (1) In general.--There shall exist a Federal cause of action for any covered claim. (2) Statute of limitations.--Any action brought under paragraph (1) shall be filed not later than 10 years after the date of the enactment of this Act. (b) Subject Matter Jurisdiction.--The district courts shall have original jurisdiction of any civil action on a covered claim (whether brought under subsection (a) or otherwise). (c) Personal Jurisdiction.--Notwithstanding any provision of Rule 4 of the Federal Rules of Civil Procedure to the contrary, in a civil action on a covered claim (whether brought under subsection (a) or otherwise) commenced in a district where the defendant is not a resident-- (1) the court may exercise jurisdiction over such defendant on any basis not inconsistent with the Constitution of the United States; and (2) service of process, summons, and subpoena may be made on such defendant in any manner not inconsistent with the Constitution of the United States. (d) Definitions.--For purposes of this section: (1) Covered claim.--The term ``covered claim'' means a claim against a covered foreign insurance company that arises out of the insurance coverage involved in an original request. (2) Original request.--The term ``original request'' means a request that-- (A) seeks payment of any claim on insurance coverage that-- (i) was provided by a covered foreign insurance company; (ii) had as the policyholder, insured, or beneficiary a listed Holocaust victim; and (iii) was in effect during any portion of the 13-year period beginning with 1933 and ending with 1945; and (B) was made by a listed Holocaust victim, or the heirs or beneficiaries of such victim, to the covered foreign insurance company or the International Commission on Holocaust Era Insurance Claims. (3) Covered foreign insurance company.--The term ``covered foreign insurance company'' means each of the following companies, and its affiliates and predecessor companies: (A) Assicurazioni Generali S.p.A. (B) Union Des Assurances de Paris. (C) Victoria Lebenversicherungs AG. (D) Winterthur Lebensversicherungs Gesellschaft. (E) Allianz Lebensversicherungs AG. (F) Wiener Allianz Versicherungs AG. (G) Riunione Adriatica di Sicurta. (H) Vereinte Lebensversicherungs AG. (I) Basler Lebens-Versicherungs Gesellschaft. (J) Deutscher Ring Lebensversicherungs AG. (K) Nordstern Lebensversicherungs AG. (L) Gerling Konzern Lebensversicherungs AG. (M) Manheimer Lebensversicherung AG. (N) Der Anker. (O) Allgemeine Versicherungs AG. (P) Zuerich Lebensversicherungs Gesellschaft. (Q) Any other foreign insurance company that the States or the Attorney General of the United States determines was in a position to have financial dealings with any individual who was a victim of the Holocaust. SEC. 5. LISTED HOLOCAUST VICTIMS. For purposes of this Act, the term ``listed Holocaust victim'' means the following individuals: (1) List of survivors.--Any individual whose name is on the list of Jewish Holocaust Survivors maintained by the United States Holocaust Memorial Museum in Washington, D.C. (2) List of deceased.--Any individual whose name is on the list of individuals who died in the Holocaust maintained by the Yad Veshem of Jerusalem in its Hall of Names. (3) Other lists.--Any individual whose name is on-- (A) any list of Holocaust victims that is designated as appropriate for use under this Act by the chief executive officer of a State or a State insurance commissioner or other principal insurance regulatory authority of a State; or (B) any similar list, such as a list of the International Red Cross, the League of Red Cross Societies, the Supreme Headquarters of the Allied Expeditionary Forces, or other regularly accessed source of information regarding Holocaust victims.", "summary": "Comprehensive Holocaust Accountability in Insurance Measure - Authorizes the States to establish information requirements on insurers as a condition of doing insurance business in the host State. Permits a State to require that an insurer provide specified information regarding Holocaust era insurance policies, including policies sold or held. Permits a State to require that an insurer certify that: (1) proceeds of the policy were paid; (2) the beneficiaries of the policy or heirs could not, after diligent search, be located, and the proceeds were distributed to Holocaust survivors or charities; (3) a court of law has certified a plan for the distribution of the proceeds; or (4) the proceeds have not been distributed. Establishes a Federal cause of action for any covered claim brought under this Act against one of several specified foreign insurance companies that arises out of the insurance coverage involved in an original request for payment made by a listed Holocaust victim or the heirs of beneficiaries of such victim. Requires an action brought under this Act to be filed not later than ten years after its enactment. Lists covered foreign insurance companies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Protection and Choice Act''. SEC. 2. DEFERRED PRESENTMENT TRANSACTION REQUIREMENTS. (a) In General.--Chapter 2 of the Truth in Lending Act is amended by inserting after section 128A (15 U.S.C. 1638A) the following new section: ``Sec. 128B. Deferred presentment transaction requirements ``(a) Prohibition on Deferred Presentment Transactions.--A deferred presentment transaction is prohibited except as authorized by this section. ``(b) Regulation of Deferred Presentment Transactions and Deferred Presentment Providers.--If the Director of the Bureau determines that a State has in effect a covered deferred presentment law, any regulations of the Bureau with respect to deferred presentment transactions and deferred presentment providers shall not apply in such State. ``(c) Covered Deferred Presentment Law Defined.--For purposes of this section, the term `covered deferred presentment law' means a law or regulation of a State that provides for the licensing of deferred presentment providers and the regulation of deferred presentment transactions, which may be accomplished through existing State authority, and that meets the following requirements: ``(1) Database.--The law or regulation must establish a database of deferred presentment transactions to assist deferred presentment providers with complying with the requirements of this section, which may be operated by a private company selected by the State. ``(2) Deferred presentment provider requirements.--The law or regulation must require a deferred presentment provider to-- ``(A) be licensed by the State; ``(B) provide to the State the results of a background check, including fingerprinting, of each officer and principal of the deferred presentment provider; ``(C) secure a copy of a valid State-issued form of identification from a consumer before entering into a deferred presentment transaction; ``(D) verify through the State deferred presentment transaction database that a consumer entering into a deferred presentment transaction with the deferred presentment provider-- ``(i) does not have an outstanding deferred presentment transaction; and ``(ii) did not have an outstanding deferred presentment transaction within the previous 24- hour period; and ``(E) report to the State deferred presentment transaction database operator immediately-- ``(i) upon entering into a deferred presentment transaction agreement-- ``(I) the name of the consumer that provided a check or other payment instrument for deferred presentment; ``(II) the consumer's social security number or employment authorization alien number; ``(III) the consumer's address; ``(IV) the consumer's driver's license number or identifier from other valid State-issued form of identification; ``(V) the amount of the deferred presentment transaction; ``(VI) the date such deferred presentment transaction is made and the date on which repayment of the deferred presentment transaction is due; and ``(VII) such other information as the State determines appropriate; and ``(ii) upon repayment by the consumer of the amount owed under a deferred presentment transaction agreement or after such deferred presentment transaction agreement is otherwise settled, the date and time on which the amount owed under such deferred presentment transaction agreement is satisfied. ``(3) Deferred presentment transaction agreement requirements.--The law or regulation must require that the terms of a deferred presentment transaction agreement-- ``(A) limit the total amount of all interest and fees that may be charged to a consumer by a deferred presentment provider with respect to a deferred presentment transaction to no more than 10 percent of the amount of such a deferred presentment transaction and no more than a $5 processing fee; ``(B) limit the duration of the deferred presentment transaction to a period no longer than 31 days or less than 7 days; ``(C) limit the amount of the deferred presentment transaction to no more than $500, exclusive of allowed fees; ``(D) be in writing; ``(E) provide that the consumer shall-- ``(i) have the right to rescind any deferred presentment transaction agreement within the first 24 hours of the deferment period; and ``(ii) pay any allowable processing fee regardless of such rescission; and ``(F) include such other information as the State determines to be appropriate. ``(4) Treatment of past-due amounts.--The law or regulation must require that if a consumer fails to repay the amount due pursuant to a deferred presentment transaction agreement by the contractual repayment date, a deferred presentment provider shall provide an additional 60-day grace period, without any additional charge, for the consumer to repay such amount before the deferred presentment provider may request payment for the check or other payment instrument or pursue other civil remedies, subject to the conditions that the grace period will-- ``(A) terminate immediately if, before the end of the 7-day period beginning on the date of the contractual repayment date, the consumer failed to make an appointment to attend a course with a consumer credit counseling agency and inform the deferred presentment provider of such appointment; and ``(B) be deemed to have terminated at the end of the 7-day period beginning on the date of the contractual repayment date if, before the end of the 60-day period beginning on the date of the contractual repayment date, the consumer failed to complete a course with a consumer credit counseling agency and inform the deferred presentment provider of the completion of such course. ``(d) Compliance.--A deferred presentment transaction that complies with the requirements of this section and applicable State law shall not be considered to be an unfair, deceptive, or abusive act or practice. ``(e) Effective Date.--The requirements of this section shall take effect on the date that is 24 months after the date of the enactment of this section. ``(f) Definitions.--For purposes of this section: ``(1) Deferment period.--The term `deferment period' means the number of days a deferred presentment provider agrees to wait before depositing, presenting, or redeeming a consumer's check or other payment instrument under a deferred presentment transaction agreement. ``(2) Deferred presentment provider.--The term `deferred presentment provider' means a person who holds a license to be a deferred presentment provider in the State in which a deferred presentment transaction agreement is entered into and who provides currency or other payment instrument to a consumer as part of a deferred presentment transaction. ``(3) Deferred presentment transaction.--The term `deferred presentment transaction' means a transaction in which currency or other payment instrument is provided to a consumer in exchange for a consumer's check or other payment instrument and an agreement that such consumer's check or other payment instrument shall be held for a deferment period prior to presentment, deposit, or redemption. ``(4) Deferred presentment transaction agreement.--The term `deferred presentment transaction agreement' means the underlying agreement establishing a deferred presentment transaction. ``(5) Other payment instrument.--The term `other payment instrument' means a draft, warrant, money order, traveler's check, or electronic instrument (other than currency). ``(6) State.--The term `State' means each of the several States, the District of Columbia, and each territory and possession of the United States. ``(7) State deferred presentment transaction database.--The term `State deferred presentment transaction database' means the database established by the State that issued the consumer's form of identification.''. (b) Clerical Amendment.--The table of contents at the beginning of chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 128A the following new item: ``128B. Deferred presentment transaction requirements.''. SEC. 3. MORATORIUM AND SAFE HARBOR. (a) Moratorium.--The Bureau of Consumer Financial Protection may not promulgate or enforce any regulation related to deferred presentment providers with respect to deferred presentment transactions during the 24-month period beginning on the date of enactment of this Act. (b) Safe Harbor.--The Bureau of Consumer Financial Protection may not impose any additional requirements related to deferred presentment providers with respect to deferred presentment transactions in a State if such State has enacted a covered deferred presentment law by the effective date in subsection (e) of section 128B of the Truth in Lending Act, as added by section 2(a). (c) Payday Loans.--The Bureau of Consumer Financial Protection-- (1) may not regulate payday loans during the 24-month period beginning on the date of enactment of this Act; and (2) may regulate payday loans in a State after such period only if such State has not enacted a covered deferred presentment law. (d) Definitions.--For purposes of this section: (1) TILA definitions.--The terms ``covered deferred presentment law'', ``deferred presentment provider'', ``deferred presentment transaction'', and ``State'' shall have the meanings given such terms under section 128B of the Truth in Lending Act, as added by section 2(a). (2) Payday loan.--The term ``payday loan'' means a loan described under section 1024(a)(1)(E) of Public Law 111-203 (12 U.S.C. 5514(a)(1)(E)), except that such term does not include a deferred presentment transaction.", "summary": "Consumer Protection and Choice Act This bill amends the Truth in Lending Act to prohibit a deferred presentment transaction except as provided under this Act. A \"deferred presentment transaction\" is one in which currency or other payment is provided to a consumer in exchange for a consumer's check or other payment instrument and an agreement that such check or payment instrument shall be held for a deferment period prior to presentment, deposit, or redemption. If the Consumer Financial Protection Bureau (CFPB) determines that a state has in effect a law that provides for the licensing of deferred presentment providers and the regulation of deferred presentment transactions, and that meets the requirements specified by this Act, any CFPB regulations concerning such transactions and providers shall not apply in such state. Such a state law must: require a provider to be licensed by the state; establish a transaction database; require a provider to verify through such database that a consumer entering into such a transaction does not have an outstanding transaction; require a provider to report immediately to such database information about each transaction entered into and each transaction paid or settled; require that a transaction agreement be in writing and allow the consumer to rescind the agreement within the first 24 hours; require a transaction agreement to limit the interest and fees to no more that 10% of the transaction amount, the processing fee to $5, the transaction amount to $500, and the duration of the transaction to no less than 7 days and no more than 31 days; and allow a 60-day grace period after the contractual repayment date for a consumer to repay the amount due, subject to early termination if a consumer fails to complete a course with a consumer credit counseling agency. The bill makes these changes effective 24 months after enactment and prohibits the CFPB from establishing or enforcing any regulation governing deferred presentment transactions or payday loans during such period."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Quality Diabetes Education Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Centers for Disease Control and Prevention (hereinafter ``CDC'') report that nearly 26,000,000 Americans have diabetes, in addition to an estimated 79,000,000 Americans who have prediabetes, an increase of 24,000,000 Americans with either diabetes or prediabetes since 2008. People with prediabetes are at increased risk of developing Type 2 diabetes or cardiovascular disease. (2) Diabetes impacts 8.3 percent of all Americans and 11.3 percent of American adults. The CDC estimates that as many as 1 in 3 Americans will have diabetes by 2050 if current trends continue. (3) According to the American Diabetes Association, the total costs of diagnosed diabetes have risen to $245 billion in 2012 from $174 billion in 2007, when the cost was last examined by the CDC. This figure represents a 41 percent increase over a five-year period. (4) One in 3 Medicare dollars is currently spent on people with diabetes. (5) There were 11.3 million diabetes related emergency room visits in 2008, compared with 9.5 million in 2000, an increase of 11 percent. (6) According to the CDC, health care providers are finding statistically significant increases in the prevalence of Type 2 diabetes in children and adolescents. (7) Diabetes self-management training (hereinafter ``DSMT''), also called diabetes education, provides critical knowledge and skills training to patients with diabetes, helping them manage medications, address nutritional issues, facilitate diabetes-related problem solving, and make other critical lifestyle changes to effectively manage their diabetes. Evidence shows that individuals participating in DSMT programs are able to progress along the continuum necessary to make sustained behavioral changes in order to manage their diabetes. (8) A certified diabetes educator is a State licensed or registered health care professional who specializes in helping people with diabetes develop the self-management skills needed to stay healthy and avoid costly acute complications and emergency care, as well as debilitating secondary conditions caused by diabetes. (9) Diabetes self-management training has been proven effective in helping to reduce the risks and complications of diabetes and is a vital component of an overall diabetes treatment regimen. Patients who have received training from a certified diabetes educator are better able to implement the treatment plan received from a physician skilled in diabetes treatment. (10) Lifestyle changes, such as those taught by certified diabetes educators, directly contribute to better glycemic control and reduced complications from diabetes. Evidence shows that the potential for prevention of the most serious medical complications caused by diabetes to be as high as 90 percent (blindness), 85 percent (amputations), and 50 percent (heart disease and stroke) with proper medical treatment and active self-management. (11) In recognition of the important role of DSMT programs, the CDC in 2012 awarded funding to expand the National Diabetes Prevention Program to help prevent the onset of Type 2 diabetes for individuals at high risk. (12) The net savings to the Medicare program of ensuring that beneficiaries have access to quality DSMT is estimated to be $2,000,000,000 over 10 years. (13) Despite its effectiveness in reducing diabetes-related complications and associated costs, diabetes self-management training has been recognized by the Centers for Medicare & Medicaid Services as an underutilized Medicare benefit, even after more than a decade of coverage. (14) Enhancing access to diabetes self-management training programs that are certified as necessary by the patient's treating physician and taught by certified diabetes educators is an important public policy goal that can help improve health outcomes, ensure quality, and reduce escalating diabetes- related health costs. SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS AUTHORIZED PROVIDERS OF MEDICARE DIABETES OUTPATIENT SELF-MANAGEMENT TRAINING SERVICES. (a) In General.--Section 1861(qq) of the Social Security Act (42 U.S.C. 1395x(qq)) is amended-- (1) in paragraph (1), by striking ``by a certified provider (as described in paragraph (2)(A)) in an outpatient setting'' and inserting ``in an outpatient setting by a certified diabetes educator (as defined in paragraph (3)) or by a certified provider (as described in paragraph (2)(A))''; and (2) by adding at the end the following new paragraphs: ``(3) For purposes of paragraph (1), the term `certified diabetes educator' means an individual-- ``(A) who is licensed or registered by the State in which the services are performed as a certified diabetes educator; or ``(B) who-- ``(i) is licensed or registered by the State in which the services are performed as a health care professional; ``(ii) specializes in teaching individuals with diabetes to develop the necessary skills and knowledge to manage the individual's diabetic condition; and ``(iii) is certified as a diabetes educator by a recognized certifying body (as defined in paragraph (4)). ``(4) For purposes of paragraph (3)(B)(iii), the term `recognized certifying body' means a certifying body for diabetes educators which is recognized by the Secretary as authorized to grant certification of diabetes educators for purposes of this subsection pursuant to standards established by the Secretary.''. (b) Treatment as a Practitioner, Including for Telehealth Services.--Section 1842(b)(18)(C) of the such Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A certified diabetes educator (as defined in section 1861(qq)(3)).''. (c) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study to identify the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program, including economic and geographic barriers and availability of appropriate referrals and access to adequate and qualified providers. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1). (d) AHRQ Development of Recommendations for Outreach Methods and Report.-- (1) Development of recommendations.--The Director of the Agency for Healthcare Research and Quality shall, through use of a workshop and other appropriate means, develop a series of recommendations on effective outreach methods to educate physicians and other health care providers as well as the public about the benefits of diabetes self-management training in order to promote better health outcomes for patients with diabetes. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Director of the Agency for Healthcare Research and Quality shall submit to Congress a report on the recommendations developed under paragraph (1). (e) Effective Date.--The amendments made by this section shall apply to items and services furnished after the end of the 12-month period beginning on the date of the enactment of this Act.", "summary": "Access to Quality Diabetes Education Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to recognize state-licensed or -registered certified diabetes educators or state-licensed or -registered health care professionals who specialize in teaching individuals with diabetes to develop the necessary skills and knowledge to manage the individual's diabetic condition and are certified as a diabetes educator by a recognized certifying body. Directs the Comptroller General (GAO) to study the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program. Requires the Director of the Agency for Health Care Research and Quality of the Department of Health and Human Services (HHS) to develop a series of recommendations on effective outreach methods to educate primary care physicians and other health care providers as well as the public about the benefits of diabetes self-management training."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Spaceport Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) spaceport development is a national economic interest that should be pursued as part of a national transportation policy; (2) many nations around the world, including France, China, Russia, Japan, Canada, and Australia, have embarked on aggressive commercial space development programs; (3) the United States, once the leader in the commercial space market, is in danger of falling behind in the international commercial space market; (4) the Government must clearly demonstrate its commitment to support commercial space activity in America, thereby encouraging greater financial support from private industry; (5) the United States must develop a long-term, comprehensive, and aggressive policy to successfully compete in the international commercial space market, to return the United States to its position of primary world supplier of launch services; and (6) spaceport development is the key component in this endeavor because it provides the final piece--launch facilities--to the existing parts of the United States commercial space market. SEC. 3. DEFINITION. For purposes of this Act, the term ``spaceport'' means a space launch or recovery facility, or a supporting educational or research facility providing space industry worker training or commercial application research, designated by a State in an application approved under section 5. SEC. 4. NATIONAL SPACEPORT OFFICE. (a) Establishment.--There is established within the Department of Transportation a National Spaceport Office. (b) Staff.--The National Spaceport Office shall have a staff consisting of a director, 4 regional supervisors, and not more than 5 additional support staff. (c) Duties.--The National Spaceport Office shall-- (1) administer the application and assistance program under section 5; and (2) establish appropriate procedures for-- (A) the competitive awarding of grants under section 5(b)(1); and (B) the transfer of excess Federal property to spaceports under section 5(b)(3), while ensuring that the spaceport compensates the Federal Government for the Federal expenses of operating facilities in connection with property so transferred. SEC. 5. SPACEPORT ASSISTANCE. (a) Application.--A State or State-designated entity, including a nonprofit organization, desiring assistance under this section shall submit an application to the National Spaceport Office requesting specifically the Federal assistance sought and setting forth a comprehensive plan for spaceport development, including the educational components of such development. (b) Assistance.--The National Spaceport Office shall approve meritorious applications submitted under subsection (a) and provide to the successful applicants assistance, including-- (1) grants, to the extent of available funding under section 9; (2) the use of excess Federal launch, recovery, launch vehicle, and support assets, consistent with applicable international agreements, for educational launches; and (3) excess Federal property, including research facilities, by transfer. SEC. 6. TAX-EXEMPT BOND FINANCING FOR SPACEPORTS. (a) In General.--Subsection (a) of section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bonds) is amended by striking ``or'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, or'', and by adding at the end the following: ``(13) spaceports (as defined in section 3 of the National Spaceport Act).'' (b) Treatment Comparable To Airports.-- (1) Subparagraph (A) of section 142(b)(1) of such Code is amended by striking ``or (12)'' and inserting ``(12), or (13)''. (2) Subsection (c) of section 142 of such Code is amended by striking ``or (11)'' each place it appears and inserting ``(11), or (13)''. (3) Paragraph (3) of section 146(g) of such Code is amended by striking ``or (12)'' and all that follows and inserting ``(12), or (13) of section 142(a), and''. (c) Treatment of Property Owned By Designated Tax-Exempt Entities.--Paragraph (1) of section 142(b) of such Code is amended by adding at the end the following new subparagraph: ``(C) Spaceport facilities owned by designated tax- exempt entities.--For purposes of subparagraph (A), a spaceport shall be treated as owned by a governmental unit if it is owned by an entity which is exempt from tax under section 501(a) and which is designated by the State in which the spaceport is located to develop and operate the spaceport.'' (d) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 7. APPLICABILITY OF OTHER LAW. Except as otherwise provided in this Act, activities of spaceports shall be subject to applicable provisions of chapter 701 of title 49, United States Code, relating to commercial space transportation. SEC. 8. REGULATORY EXEMPTION. The activities of the National Spaceport Office and of spaceports shall not be subject to regulation by the Federal Government except as provided in-- (1) this Act; (2) chapter 701 of title 49, United States Code; and (3) applicable laws relating to worker and workplace safety. SEC. 9. ANNUAL REPORT. The director of the National Spaceport Office shall annually transmit to the Congress a report on its activities under this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Transportation, out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502), for carrying out this Act $20,000,000 for each of the fiscal years 1996 through 2000. SEC. 11. TERMINATION OF NATIONAL SPACEPORT OFFICE. The National Spaceport Office shall terminate on October 1, 2000.", "summary": "National Spaceport Act - Establishes in the Department of Transportation a National Spaceport Office to administer a grant program of State-run spaceports. Amends the Internal Revenue Code to provide tax-exempt bond financing for spaceports. Authorizes appropriations. Terminates the Office on October 1, 2000."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hudson-Fulton-Champlain Commemoration Commission Act of 2002''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the first European exploration of the Hudson River and Lake Champlain and the introduction of steam navigation to maritime commerce were events of major historical importance in the United States and throughout the world; (2) in 1609-- (A) Englishman Henry Hudson, acting on behalf of the Dutch East India Company, was the first European to sail up the river later named for him in the vessel Half Moon; and (B) French explorer Samuel de Champlain was the first European to discover the lake later named for him; (3) those voyages-- (A) were 2 of the most significant passages in the European exploration and discovery of America; (B) resulted in 2 of the earliest contacts in the New World between Native Americans and Europeans; and (C) led to the establishment of-- (i) the Dutch and later English settlement Fort Orange in the area that is now Albany, New York; and (ii) French Quebec settlements located as far south as Lake George; (4) those early settlements influenced the history, culture, law, commerce, and traditions of liberty of the United States; (5) in 1807, the navigation of the Hudson River from the city of New York to Albany by Robert Fulton in the steamboat Clermont-- (A) successfully inaugurated steam navigation on a commercial basis; (B) is 1 of the most important events in the history of navigation; (C) revolutionized waterborne commerce on the rivers of the United States; (D) transformed naval warfare; and (E) fostered international relations through transoceanic travel and trade; (6) the National Park Service owns and operates significant resources in the State of New York relating to the early history of the United States and the Hudson River Valley; and (7) in 2002 the State of New York enacted legislation establishing a State Hudson-Fulton-Champlain Commission. (b) Purpose.--The purpose of this Act is to establish the Hudson- Fulton-Champlain Commemoration Commission to-- (1) ensure a suitable national observance, in 2009, of the anniversaries of the voyages of Henry Hudson, Robert Fulton, and Samuel de Champlain through cooperation with and assistance to the programs and activities of the States of New York, New Jersey, and Vermont; (2) assist in ensuring that Hudson-Fulton-Champlain 2009 observances-- (A) provide an excellent visitor experience and beneficial interaction between visitors and the natural and cultural resources of sites in the States of New York, New Jersey, and Vermont; and (B) are inclusive and recognize the diverse Hudson River and Lake Champlain communities that developed over 4 centuries; (3) facilitate international involvement in the Hudson- Fulton-Champlain 2009 observances; (4) support and facilitate marketing efforts for a commemorative coin, a commemorative stamp, and related activities for the Hudson-Fulton-Champlain 2009 observances; and (5) assist in the appropriate development of heritage tourism and economic benefits to the United States. SEC. 3. DEFINITIONS. In this Act: (1) Commemoration.--The term ``commemoration'' means the commemoration of-- (A) the 200th anniversary of the voyage of Robert Fulton in the steamboat Clermont; (B) the 400th anniversary of the voyage of Henry Hudson in the vessel Half Moon; and (C) the 400th anniversary of the voyage of Samuel de Champlain. (2) Commission.--The term ``Commission'' means the Hudson- Fulton-Champlain Commemoration Commission established by section 4(a). (3) Governor.--The term ``Governor'' means the Governor of each State. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.-- (A) In general.--The term ``State'' means-- (i) the State of New York; (ii) the State of New Jersey; and (iii) the State of Vermont. (B) Inclusions.--The term ``State'' includes agencies and entities of each State specified in subparagraph (A). SEC. 4. HUDSON-FULTON-CHAMPLAIN COMMEMORATION COMMISSION. (a) In General.--There is established a commission to be known as the ``Hudson-Fulton-Champlain Commemoration Commission''. (b) Membership.-- (1) In general.--The Commission shall be composed of 31 members, of whom-- (A) 3 members shall be appointed by the Secretary, taking into consideration the recommendations of the Governors; (B) 14 members shall be appointed by the Secretary, taking into consideration the recommendations of-- (i) the Members of the House of Representatives whose districts encompass the Hudson River Valley; and (ii) the Members of the House of Representatives whose districts encompass Champlain Valley; (C) 6 members shall be appointed by the Secretary, taking into consideration the recommendations of the Members of the Senate from the States; (D) 2 members shall be employees of the National Park Service, of whom-- (i) 1 shall be the Director of the National Park Service (or a designee); and (ii) 1 shall be an employee of the National Park Service having experience relevant to the commemoration, to be appointed by the Secretary; (E) 1 member shall be an individual knowledgeable about the Hudson River Valley National Heritage Area, to be appointed by the Secretary; and (F) 5 members shall be individuals that have an interest in, support for, and expertise appropriate to, the commemoration, to be appointed by the Secretary. (2) Term; vacancies.-- (A) Term.--A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.-- (i) In general.--A vacancy on the Commission shall be filled in the same manner as the original appointment was made. (ii) Partial term.--A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed. (3) Meetings.-- (A) In general.--The Commission shall meet-- (i) at least twice each year; or (ii) at the call of the Chairperson or the majority of the members of the Commission. (B) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (4) Voting.-- (A) In general.--The Commission shall act only on an affirmative vote of a majority of the members of the Commission. (B) Quorum.--A majority of the members of the Commission shall constitute a quorum. (5) Chairperson and vice chairperson.-- (A) In general.--The Commission shall annually select the Chairperson and the Vice Chairperson of the Commission from among the members of the Commission. (B) Authority.--The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson. (c) Duties.-- (1) In general.--The Commission shall-- (A) plan, develop, and execute programs and activities appropriate for the commemoration; (B) facilitate activities relating to the commemoration throughout the United States; (C) coordinate activities of the Commission with-- (i) commemoration commissions of the States; (ii) appropriate Federal agencies, including-- (I) the Department of Agriculture; (II) the Department of Defense; (III) the Department of State; (IV) the Department of Transportation; and (V) the National Park Service; and (iii) the American Heritage Rivers Initiative Interagency Committee established by Executive Order No. 13061, dated September 11, 1997; (D) encourage civic, patriotic, historical, educational, religious, economic, and other organizations throughout the United States to organize and participate in activities to expand the understanding and appreciation of the significance of the voyages of Hudson, Fulton, and Champlain; (E) provide technical assistance to States, localities, and nonprofit organizations to carry out activities relating to the commemoration; (F) coordinate and facilitate for the public scholarly research on, publication concerning, and interpretation of, the voyages of Hudson, Fulton, and Champlain; and (G) ensure that the Hudson-Fulton-Champlain 2009 anniversaries provide a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities. (2) Plans; reports.-- (A) Strategic plan; annual performance plans.--In accordance with section 306 of title 5, United States Code, and section 1115 of title 31, United States Code, the Commission shall prepare a strategic plan for the activities of the Commission carried out under this Act. (B) Final report.--Not later than September 30, 2010, the Commission shall submit to the Secretary a final report that contains-- (i) a summary of the activities of the Commission; (ii) a final accounting of funds received and expended by the Commission; and (iii) the findings and recommendations of the Commission. (d) Powers of the Commission.--The Commission may-- (1) accept and dispose of donations of money, personal services, and real and personal property related to the commemoration; (2) appoint such advisory committees as the Commission determines to be necessary to carry out this Act; (3) authorize any member or employee of the Commission to take any action that the Commission is authorized to take by this Act; (4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this Act (except that any contracts, leases, or other legal agreements made or entered into by the Commission shall not extend beyond the date of termination of the Commission); (5) use the United States mails in the same manner and under the same conditions as other Federal agencies; (6) subject to approval by the Commission, make grants in amounts not to exceed $20,000 to communities and nonprofit organizations to develop programs to assist in the commemoration; and (7) make grants to research and scholarly organizations to research, publish, or distribute information relating to the voyages of Hudson, Fulton, and Champlain. (e) Commission Personnel Matters.-- (1) Compensation of members of the commission.-- (A) In general.--Except as provided in subparagraph (B), a member of the Commission shall serve without compensation. (B) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (C) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (2) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (B) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Detail of government employees.-- (A) Federal employees.-- (i) In general.--At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (ii) Civil service status.--The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege. (B) State employees.--The Commission may-- (i) accept the services of personnel detailed from States (including subdivisions of States); and (ii) reimburse States for services of detailed personnel. (5) Volunteer and uncompensated services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines to be necessary. (6) Support services.--The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (f) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (g) FACA Nonapplicability.--Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (h) No Effect on Authority.--Nothing in this section supersedes the authority of the States or the National Park Service concerning the commemoration. (i) Termination.--The Commission shall terminate on December 31, 2010.", "summary": "Hudson-Fulton-Champlain Commemoration Commission Act of 2002 - Establishes the Hudson-Fulton-Champlain Commemoration Commission to plan, develop, and execute programs and activities appropriate to commemorate in 2009 the anniversaries of the voyages of Henry Hudson (the first European to sail up the Hudson River in the vessel Half Moon), Robert Fulton (who navigated the Hudson River in the steamboat Clermont, successfully inaugurating steam navigation on a commercial basis), and Samuel de Champlain (the first European to discover and explore Lake Champlain)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance Reform Act of 1998''. SEC. 2. AUTHORIZATION OF CONSOLIDATED TRADE ADJUSTMENT ASSISTANCE. (a) Authorization of Appropriations.--Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended to read as follows: ``SEC. 245. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Department of Labor for each of the fiscal years 1999 through 2003 such sums as may be necessary to carry out the purposes of this chapter.''. (b) Repeal of NAFTA Transitional Adjustment Assistance Program.-- (1) In general.--Subchapter D of chapter 2 of title II of such Act (19 U.S.C. 2331) is hereby repealed. (2) Conforming amendments.--(A) Section 249A of such Act (19 U.S.C. 2322) is hereby repealed. (B) The table of contents of such Act is amended-- (i) by striking the item relating to section 249A; and (ii) by striking the items relating to subchapter D of chapter 2 of title II. (c) Termination.--Section 285(c) of such Act (19 U.S.C. 2271 note) is amended to read as follows: ``(c) No assistance, vouchers, allowances, or other payments may be provided under chapter 2, and no technical assistance may be provided under chapter 3, after September 30, 2003.''. SEC. 3. FILING OF PETITIONS AND PROVISION OF RAPID RESPONSE ASSISTANCE; EXPEDITED REVIEW OF PETITIONS BY SECRETARY OF LABOR. (a) Filing of Petitions and Provision of Rapid Response Assistance.--Section 221(a) of the Trade Act of 1974 (19 U.S.C. 2271(a)) is amended to read as follows: ``(a)(1) A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this chapter may be filed with the Governor of the State in which such workers' firm or subdivision is located by the following: ``(A) The group of workers (including workers in an agricultural firm or subdivision of any agricultural firm). ``(B) The certified or recognized union or other duly authorized representative of such workers. ``(C) Employers of such workers, one-stop career centers, or State employment agencies, on behalf of such workers. ``(2) Upon receipt of a petition filed under paragraph (1), the Governor-- ``(A) shall immediately transmit the petition to the Secretary of Labor (hereinafter in this chapter referred to as the `Secretary'); ``(B) shall ensure that rapid response assistance and basic readjustment services authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and ``(C) shall assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request. ``(3) Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.''. (b) Expedited Review of Petitions by Secretary of Labor.--Section 223(a) of such Act (19 U.S.C. 2273(a)) is amended in the first sentence by striking ``60 days'' and inserting ``40 days''. SEC. 4. ADDITION OF SHIFT IN PRODUCTION AS BASIS FOR ELIGIBILITY FOR TRADE ADJUSTMENT ASSISTANCE. Section 222(a) of the Trade Act of 1974 (19 U.S.C. 2272(a)) is amended to read as follows: ``(a) A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for adjustment assistance under this chapter pursuant to a petition filed under section 221 if the Secretary determines that-- ``(1) a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; and ``(2)(A)(i) the sales or production, or both, of such firm or subdivision have decreased absolutely; ``(ii) imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and ``(iii) the increase in imports under clause (ii) contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or ``(B) there has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision.''. SEC. 5. INFORMATION ON CERTAIN CERTIFICATIONS. Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by adding at the end the following subsection: ``(e) The Secretary shall collect and maintain information-- ``(1) identifying the countries to which firms have shifted production resulting in certifications under section 222(a)(2)(B), including the number of such certifications relating to each country; and ``(2) to the extent feasible, identifying the countries from which imports of articles have resulted in certifications under section 222(a)(2)(A), including the number of such certifications relating to each country.''. SEC. 6. ENROLLMENT IN TRAINING REQUIREMENT. Section 231(a)(5)(A) of the Trade Act of 1974 (19 U.S.C. 2291(a)(5)(A)) is amended-- (1) by inserting ``(i)'' after ``(A)''; (2) by adding ``and'' after the comma at the end; and (3) by adding at the end the following: ``(ii) the enrollment required under clause (i) occurs no later than the latest of-- ``(I) the last day of the 16th week after the worker's most recent total separation from adversely affected employment which meets the requirements of paragraphs (1) and (2); ``(II) the last day of the 8th week after the week in which the Secretary issues a certification covering the worker; or ``(III) 45 days after the later of the dates specified in subclause (I) or (II), if the Secretary determines there are extenuating circumstances that justify an extension in the enrollment period;''. SEC. 7. WAIVERS OF TRAINING REQUIREMENTS. (a) In General.--Section 231(c) of the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended to read as follows: ``(c)(1) The Secretary may issue a written statement to a worker waiving the enrollment in training requirement of subsection (a)(5)(A) if the Secretary determines that such training requirement is not feasible or appropriate for the worker, as indicated by 1 or more of the following: ``(A) The worker has been notified that the worker will be recalled by the firm from which the qualifying separation occurred. ``(B) The worker has marketable skills as determined pursuant to an assessment of the worker, which may include the profiling system under section 303(j) of the Social Security Act (42 U.S.C. 503(j)), carried out in accordance with guidelines issued by the Secretary. ``(C) The worker is within 2 years of meeting all requirements for entitlement to old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) (except for application therefor). ``(D) The worker is unable to participate in training due to health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws. ``(E) The first available enrollment date for the approved training of the worker is within 45 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary. ``(F) There are insufficient funds available for training under this chapter, taking into account the limitation under section 236(a)(2)(A). ``(G) The duration of training appropriate for the individual to obtain suitable employment exceeds the individual's maximum entitlement to basic and additional trade readjustment allowances and, in addition, financial support available through other Federal or State programs, including title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.) or chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, that would enable the individual to complete a suitable training program cannot be assured. ``(2) The Secretary shall specify the duration of the waiver under paragraph (1) and shall periodically review the waiver to determine whether the basis for issuing the waiver remains applicable. If at any time the Secretary determines such basis is no longer applicable to the worker, the Secretary shall revoke the waiver. ``(3) Pursuant to the agreement under section 239, the Secretary may authorize the State or State agency to carry out activities described in paragraph (1) (except for the determination under subparagraphs (F) and (G) of paragraph (1)). Such agreement shall include a requirement that the State or State agency submit to the Secretary the written statements provided pursuant to paragraph (1) and a statement of the reasons for the waiver. ``(4) The Secretary shall submit an annual report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives identifying the number of workers who received waivers and the average duration of such waivers issued under this subsection during the preceding year.''. (b) Conforming Amendment.--Section 231(a)(5)(C) of such Act (19 U.S.C. 2291(a)(5)(C)) is amended by striking ``certified''. SEC. 8. PROVISION OF TRADE READJUSTMENT ALLOWANCES DURING BREAKS IN TRAINING. Section 233(f) of the Trade Act of 1974 (19 U.S.C. 2293(f)) is amended in the matter preceding paragraph (1) by striking ``14 days'' and inserting ``30 days''. SEC. 9. INCREASE IN ANNUAL TOTAL AMOUNT OF PAYMENTS FOR TRAINING. Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended by striking ``$80,000,000'' and inserting ``$150,000,000''. SEC. 10. ELIMINATION OF QUARTERLY REPORT. Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) is amended by striking the last sentence of such subsection. SEC. 11. COORDINATION WITH ONE-STOP CAREER CENTERS, THE JOB TRAINING PARTNERSHIP ACT, AND THE WORKFORCE INVESTMENT ACT OF 1998. (a) Coordination With One-Stops.--Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended by inserting ``, including the services provided through one-stop career centers'' before the period at the end of the first sentence. (b) Coordination With Job Training Partnership Act and Workforce Investment Act of 1998.--Section 239(e) such Act (19 U.S.C. 2311(e)) is amended-- (1) in the first sentence, by inserting after ``Job Training Partnership Act'' the following: ``or under provisions relating to dislocated worker employment and training activities under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, as the case may be,''; and (2) by inserting after the first sentence the following: ``Such coordination shall include common reporting systems and elements, including common elements relating to participant data and performance outcomes (including employment, retention of employment, and wages).''. SEC. 12. SUPPORTIVE SERVICES. (a) In General.--Part II of subchapter B of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is amended by adding at the end the following: ``SEC. 238A. SUPPORTIVE SERVICES. ``(a) Application.--Any adversely affected worker covered by a certification under subchapter A of this chapter may file an application with the Secretary for the provision of supportive services, including transportation, child and dependent care, and other similar services. ``(b) Conditions.--The Secretary may approve an application filed under subsection (a) and provide supportive services to an adversely affected worker only if the Secretary determines that-- ``(1) the provision of such services is necessary to enable the worker to participate in or complete training; and ``(2) the provision of such services is consistent with the provision of supportive services to participants under the employment and training assistance for dislocated workers program under title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.), as in effect on the date of the enactment of the Trade Adjustment Assistance Reform Act of 1998, or under the provisions relating to dislocated worker employment and training activities under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, as the case may be.''. (b) Conforming Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 238 the following: ``Sec. 238A. Supportive services.''. SEC. 13. ADDITIONAL CONFORMING AMENDMENTS. (a) Section 225.--Section 225(b) of the Trade Act of 1974 (19 U.S.C. 2275(b)) is amended in each of paragraphs (1) and (2) by striking ``or subchapter D''. (b) Section 240.--Section 240(a) of such Act (19 U.S.C. 2312(a)) is amended by striking ``subchapter B of''. SEC. 14. AVAILABILITY OF CONTINGENCY FUNDS. Section 245 of the Trade Act of 1974 (19 U.S.C. 2317), as amended by this Act, is further amended-- (1) by striking ``There are authorized'' and inserting ``(a) In General.--There are authorized''; and (2) by adding at the end the following: ``(b) Contingency Funds.--Subject to the limitation contained in section 236(a)(2), if in any fiscal year the funds available to carry out the programs under this chapter are exhausted, there shall be made available from funds in the Treasury not otherwise appropriated amounts sufficient to carry out such programs for the remainder of the fiscal year.''. SEC. 15. REAUTHORIZATION OF ADJUSTMENT ASSISTANCE FOR FIRMS. Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ``and 1998'' and inserting ``1998, and 1999 through 2003''. SEC. 16. PRESIDENTIAL COMMISSION ON WORKERS AND ECONOMIC CHANGE IN THE NEW ECONOMY. (a) Establishment.--There is established a commission to be known as the ``Presidential Commission on Workers and Economic Change in the New Economy'' (in this section referred to as the ``Commission''). (b) Duties.-- (1) Study.--The Commission shall conduct a thorough study of matters relating to economic dislocation and worker adjustment to such dislocations. (2) Conduct of study.--In carrying out the study under paragraph (1), the Commission shall examine-- (A) the impact of trade, technology, and the changing nature of work organizations on workers and the economy, including worker dislocations resulting from these factors; (B) the effectiveness of existing education and job training programs at the Federal level in assisting workers in adjusting to economic change, including the adequacy of the design of such programs and resources devoted to such programs; (C) the strategies for providing workplace education and training to assist workers in acquiring new skills; (D) the role of public-private partnerships in implementing worker education and training; and (E) the role of income support and economic security programs in facilitating worker adjustment in rapidly changing economic circumstances. (c) Membership.--The Commission shall be composed of 15 members appointed by the President. The members of the Commission shall include individuals who are-- (1) Members of Congress; (2) workforce development professionals; (3) educators; (4) heads of appropriate State agencies; (5) business leaders; and (6) representatives of labor organizations who are nominated by a national labor federation. (d) Powers and Personnel.--The Commission shall have such general powers and authority with respect to personnel matters in the same manner and to the same extent as the general powers and authority with respect to personnel matters provided to the Twenty-First Century Workforce Commission under sections 336 and 337 of the Workforce Investment Act of 1998. (e) Report.--Not later than 18 months after the first meeting of the Commission, the Commission shall prepare and submit to the President and the Congress a report that contains-- (1) a detailed statement of the findings and conclusions of the Commission relating to the study carried out under subsection (b); (2) a compendium of best practices and policies carried out by employers and public-private partnerships in providing workers with the education and training needed to effectively adjust to economic change; and (3) any recommendations relating to legislative and administrative actions that the Commission determines to be appropriate. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 1999. SEC. 17. EFFECTIVE DATE; TRANSITION PROVISION. (a) Effective Date.--This Act, and the amendments made by this Act, shall take effect on the date of the enactment of this Act. (b) Transition.--The Secretary of Labor is authorized to establish such rules as the Secretary determines to be appropriate to provide for an orderly transition from the provisions of law amended or repealed by this Act.", "summary": "Trade Adjustment Assistance Reform Act of 1998 - Amends the Trade Act of 1974 to authorize appropriations to the Department of Labor for FY 1999 through 2003 for trade adjustment assistance (TAA) for workers. (Sec. 2) Repeals the North American Free Trade Agreement (NAFTA) Transitional Adjustment Assistance Program (effectively eliminating TAA for workers under such program). (Sec. 3) Revises requirements for the filing of petitions for TAA for a group of workers adversely affected by imports. Authorizes employers of such workers, one-stop career centers, or State employment agencies to file on their behalf with the Governor of the State (currently, with the Secretary of Labor) a petition for certification of eligibility for such assistance. Requires the Governor to: (1) transmit the petition to the Secretary immediately; (2) ensure that rapid response assistance and basic readjustment services are made available to the workers; and (3) assist the Secretary in the review of the petition. Requires the Secretary to review such petitions for certification of eligibility within 40 days (currently, 60 days) of its filing. (Sec. 4) Adds as a factor in the Secretary's determination of the eligibility of a group of workers for TAA any shift in production by such workers' firm to a foreign country of articles like or directly competitive with articles produced by such firm. (Sec. 5) Directs the Secretary to collect and maintain certain information with respect to certifications of TAA. (Sec. 6) Revises enrollment in training requirements with respect to the payment of TAA to adversely affected workers to set forth certain time periods during which such enrollment must occur. Authorizes the Secretary to issue a statement to a worker waiving the enrollment in training requirements if it is determined that such training requirement is not feasible or appropriate for the worker, based on specified factors. (Sec. 8) Increases from 14 to 30 the number of days an adversely affected worker may have a scheduled break in a training program and still be treated as participating in the program for purposes of TAA eligibility. (Sec. 9) Increases the total annual amount of payments for worker training from $80 million to $150 million for any fiscal year. (Sec. 11) Authorizes the Secretary to secure for adversely affected workers certain employment services, including services provided through one-stop career centers. Provides for the coordination of employment services for adversely affected workers under the Job Training Partnership Act and the Workforce Investment Act of 1998. (Sec. 12) Authorizes an adversely affected worker to file an application with the Secretary for the provision of supportive services, including transportation, child and dependent care, and other similar services. Sets forth specified conditions with respect to such services. (Sec. 14) Makes unappropriated Treasury funds available in any fiscal year that TAA funds become exhausted. (Sec. 15) Authorizes appropriations to the Department of Labor for FY 1999 through 2003 for TAA for firms. (Sec. 16) Establishes the Presidential Commission on Workers and Economic Change in the New Economy to study and report to the President and the Congress on matters relating to economic dislocation and worker adjustment to such dislocations. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Financial Protection Commission Act of 2013''. SEC. 2. ESTABLISHMENT OF THE COMMISSION. Section 1011 of the Consumer Financial Protection Act of 2010 is amended-- (1) by striking subsections (b), (c), and (d); (2) by redesignating subsection (e) as subsection (j); and (3) by inserting after subsection (a) the following new subsections: ``(b) Establishment of the Commission.-- ``(1) In general.--There is hereby established a commission (hereinafter referred to in this section as the `Commission') that shall serve as the head of the Bureau. ``(2) Authority to prescribe regulations.--The Commission may prescribe such regulations and issue such orders in accordance with this title as the Commission may determine to be necessary for carrying out this title and all other laws within the Commission's jurisdiction and shall exercise any authorities granted under this title and all other laws within the Commission's jurisdiction. ``(c) Composition of the Commission.-- ``(1) In general.--The Commission shall be composed of the Vice Chairman for Supervision of the Federal Reserve System and 4 additional members who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who-- ``(A) are citizens of the United States; ``(B) have strong competencies and experiences related to consumer financial protection; and ``(C) should want to protect service members and their families who are sacrificing their lives for this country from abusive financial practices. ``(2) Staggering.--The members of the Commission appointed under paragraph (1) shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 4, and 5 years, respectively. ``(3) Terms.-- ``(A) In general.--Each member of the Commission appointed under paragraph (1), including the Chair, shall serve for a term of 5 years. ``(B) Removal for cause.--The President may remove any member of the Commission appointed under paragraph (1) only for inefficiency, neglect of duty, or malfeasance in office. ``(C) Vacancies.--Any member of the Commission appointed under paragraph (1) appointed to fill a vacancy occurring before the expiration of the term to which that member's predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. ``(D) Continuation of service.--Each member of the Commission appointed under paragraph (1) may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member's term would otherwise expire. ``(E) Other employment prohibited.--No member of the Commission appointed under paragraph (1) shall engage in any other business, vocation, or employment. ``(4) Roles and responsibilities of commissioners.--One member of the Commission shall have as their primary responsibility the oversight of the Bureau's activities pertaining to protecting consumers, with a focus on consumers who are older, minorities, youth, or veterans, from unfair, deceptive, and abusive lending practices. The designated commissioner shall be responsible for-- ``(A) ensuring the Bureau conducts regular outreach to consumers regarding industry lending activities; ``(B) researching and reporting to the full Commission, on a regular basis, the impact of new loan and credit products and services on consumers; and ``(C) ensuring the Bureau coordinates with State- level consumer protection agencies on enforcement measures that protect consumers from unfair, deceptive, and abusive lending practices. ``(d) Affiliation.--With respect to members appointed pursuant to subsection (c)(1), not more than 2 shall be members of any one political party. ``(e) Chair of the Commission.-- ``(1) Appointment.--The Chair of the Commission shall be appointed by the President from among the members of the Commission appointed under paragraph (1). ``(2) Authority.--The Chair shall be the principal executive officer of the Bureau, and shall exercise all of the executive and administrative functions of the Bureau, including with respect to-- ``(A) the appointment and supervision of personnel employed under the Bureau (other than personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chair); ``(B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Bureau; and ``(C) the use and expenditure of funds. ``(3) Limitation.--In carrying out any of the Chair's functions under the provisions of this subsection the Chair shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. ``(4) Requests or estimates related to appropriations.-- Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chair without the prior approval of the Commission. ``(f) No Impairment by Reason of Vacancies.--No vacancy in the members of the Commission shall impair the right of the remaining members of the Commission to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Commission because of vacancies in the Commission, 2 members of the Commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Commission because of vacancies in the Commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Commission members to decline to 2. ``(g) Seal.--The Commission shall have an official seal. ``(h) Compensation.-- ``(1) Chair.--The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. ``(2) Other members of the commission.--The 3 other members of the Commission appointed under subsection (c)(1) shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code. ``(i) Initial Quorum Established.--During any time period prior to the confirmation of at least two members of the Commission, one member of the Commission shall constitute a quorum for the transaction of business. Following the confirmation of at least 2 additional commissioners, the quorum requirements of subsection (f) shall apply.''. SEC. 3. CONFORMING AMENDMENTS. (a) Consumer Financial Protection Act of 2010.-- (1) In general.--The Consumer Financial Protection Act of 2010 is amended-- (A) in section 1002, by striking paragraph (10); (B) in section 1012(c)(4), by striking ``Director'' each place such term appears and inserting ``Commission of the Bureau''; (C) in section 1013(c)(3)-- (i) by striking ``Assistant Director of the Bureau for'' and inserting ``Head of the Office of''; and (ii) in subparagraph (B), by striking ``Assistant Director'' and inserting ``Head of the Office''; (D) in section 1013(g)(2)-- (i) by striking ``Assistant director'' and inserting ``Head of the office''; and (ii) by striking ``an assistant director'' and inserting ``a Head of the Office of Financial Protection for Older Americans''; (E) in section 1016(a), by striking ``Director of the Bureau'' and inserting ``Chair of the Commission''; (F) in section 1017(c)(1), by striking ``Director and other employees'' and inserting ``members of the Commission and other employees''; (G) in section 1027(l)(1), by striking ``Director and the''; and (H) in section 1066(a), by striking ``Director of the Bureau is'' and inserting ``first member of the Commission is''. (2) Global amendments.--The Consumer Financial Protection Act of 2010 is amended-- (A) by striking ``Director of the'' each place such term appears, other than in-- (i) subparagraphs (A) and (E) of section 1017(4); (ii) section 1043; (iii) section 1061(b)(3); (iv) section 1062; (v) section 1063(f); (vi) subparagraphs (E) and (G) of section 1064(i)(2); and (vii) section 1065(a); and (B) by striking ``Director'' each place such term appears and inserting ``Bureau'', other than in-- (i) section 1063(f)(2); and (ii) section 1065(a). (b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended-- (1) in section 111(b)(1)(D), by striking ``Director'' and inserting ``Chair of the Commission''; and (2) in section 1447, by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (c) Electronic Fund Transfer Act.--Section 921(a)(4)(C) of the Electronic Fund Transfer Act, as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Bureau of Consumer Financial Protection''. (d) Expedited Funds Availability Act.--The Expedited Funds Availability Act, as amended by section 1086 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (e) Federal Deposit Insurance Act.--Section 2 of the Federal Deposit Insurance Act, as amended by section 336(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by striking ``Director of the Consumer Financial Protection Bureau'' each place such term appears and inserting ``Chair of the Commission of the Bureau of Consumer Financial Protection''. (f) Federal Financial Institutions Examination Council Act of 1978.--Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by section 1091 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Consumer Financial Protection Bureau'' and inserting ``Chair of the Commission of the Bureau of Consumer Financial Protection''. (g) Financial Literacy and Education Improvement Act.--Section 513 of the Financial Literacy and Education Improvement Act, as amended by section 1013(d) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director'' each place such term appears and inserting ``Chair of the Commission''. (h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' each place such term appears and inserting ``Bureau of Consumer Financial Protection''. (i) Interstate Land Sales Full Disclosure Act.--The Interstate Land Sales Full Disclosure Act, as amended by section 1098A of the Consumer Financial Protection Act of 2010, is amended-- (1) by amending section 1402(1) to read as follows: ``(1) `Chair' means the Chair of the Commission of the Bureau of Consumer Financial Protection;''; (2) in section 1416(a), by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Chair''; and (3) by striking ``Director'' each place such term appears and inserting ``Bureau''. (j) Real Estate Settlement Procedures Act of 1974.--Section 5 of the Real Estate Settlement Procedures Act of 1974, as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended-- (1) by striking ``The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the `Director')'' and inserting ``The Bureau of Consumer Financial Protection''; and (2) by striking ``Director'' each place such term appears and inserting ``Bureau''. (k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage Licensing Act of 2008, as amended by section 1100 of the Consumer Financial Protection Act of 2010, is amended-- (1) by striking ``Director'' each place such term appears in headings and text and inserting ``Bureau''; and (2) in section 1503, by striking paragraph (10). (l) Title 44, United States Code.--Section 3513(c) of title 44, United States Code, as amended by section 1100D(b) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' and inserting ``Bureau''.", "summary": "Consumer Financial Protection Commission Act of 2013 - Amends the Consumer Financial Protection Act of 2010 (title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act), to replace the position of Director of the Bureau of Consumer Financial Protection with a five-member Commission whose members are appointed by the President, by and with the advice and consent of the Senate. Prohibits the Chair of the Commission from making requests for estimates related to appropriations without prior Commission approval."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Boundary Waters Canoe Area Wilderness Accessibility and Partnership Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) the Boundary Waters Canoe Area Wilderness, located amidst the scenic splendor of the Minnesota-Ontario border, is and always will be a unique lakeland-based Federal wilderness unit that serves as 1 of the Nation's great natural ecosystems; (2) the Boundary Waters Canoe Area Wilderness is a special wilderness area dedicated to appropriate public access and use through recognized motorized and nonmotorized recreational activities under protections and commitments in the Wilderness Act (16 U.S.C. 1131 et seq.) and Public Law 95-495 (92 Stat. 1649); (3) intergovernmental cooperation that respects and emphasizes the role of State, local, and tribal governments in land management decisionmaking processes is essential to optimize the preservation and development of social, historical, cultural, and recreational resources; and (4) the national interest is served by-- (A) improving the management and protection of the Boundary Waters Canoe Area Wilderness; (B) allowing Federal, State, local, and tribal governments to engage in an innovative management partnership in Federal land management decisionmaking processes; and (C) ensuring adequate public access, enjoyment, and use of the Boundary Waters Canoe Area Wilderness through nonmotorized and limited motorized means. SEC. 3. MANAGEMENT CHANGES. (a) Use of Motorboats.-- (1) Lac la croix.--Section 4(c)(1) of Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is amended by inserting ``Lac La Croix, Saint Louis County;'' after ``Saint Louis County;''. (2) Basswood, birch, and saganaga lakes.--Section 4(c) of Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is amended-- (A) in paragraph (1)-- (i) by striking ``except that portion generally'' and all that follows through ``Washington Island'' and inserting ``Lake County; Birch, Lake County''; and (ii) by striking ``, except for that portion west of American Point''; and (B) by striking paragraph (4). (3) Sea gull lake.--Section 4(c) of Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is amended-- (A) in paragraph (2), by striking ``that portion generally east of Threemile Island,''; and (B) in paragraph (3), by striking ``Sea Gull, Cook County, that portion generally west of Threemile Island, until January 1, 1999;''. (b) Definition of Guest.--The second proviso of section 4(f) of Public Law 95-495 (92 Stat. 1651; 16 U.S.C. 1132 note) is amended-- (1) by inserting ``day and overnight'' after ``lake homeowners and their''; (2) by inserting ``who buy or rent goods and services'' after ``resort owners and their guests''; and (3) by inserting ``or chain of lakes'' after ``shall have access to that particular lake''. (c) Motorized Portages.--Section 4 of Public Law 95-495 (92 Stat. 1651; 16 U.S.C. 1132 note) is amended by striking subsection (g) and inserting the following: ``(g) Motorized Portages.--Nothing in this Act shall prevent the operation of motorized vehicles and associated equipment to assist in the transport of a boat across the portages from the Moose Lake chain to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake.''. SEC. 4. PLANNING AND MANAGEMENT COUNCIL. Section 4 of Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is amended by adding at the end the following: ``(j) Planning and Management Council.-- ``(1) Establishment.--There is established the Boundary Waters Canoe Area Wilderness Intergovernmental Council (referred to in this Act as the `Council'). ``(2) Duties of the council.--The Council shall develop and monitor a comprehensive management plan for the wilderness in accordance with section 20. ``(3) Membership.--The Council shall be composed of 11 members, appointed by the Secretary, of whom-- ``(A) 1 member shall be the Under Secretary for Natural Resources and Environment of the Department of Agriculture, or a designee; ``(B) 3 members shall be appointed, from recommendations by the Governor of Minnesota, to represent the Department of Natural Resources, the Office of Tourism, and the Environmental Quality Board, of the State of Minnesota; ``(C) 1 member shall be a commissioner from each of the counties of Lake, Cook, and Saint Louis from recommendations by each of the county board of commissioners; ``(D) 1 member shall be an elected official from the Northern Counties Land-Use Coordinating Board from recommendations by the Board; ``(E) 1 member shall be the State senator who represents the legislative district that contains a portion of the wilderness; ``(F) 1 member shall be the State representative who represents the legislative district that contains a portion of the wilderness; and ``(G) 1 member shall be an elected official of the Native American community to represent the 1854 Treaty Authority, from recommendations of the Authority. ``(4) Advisory councils.-- ``(A) In general.--The Council may establish 1 or more advisory councils for consultation, including councils consisting of members of conservation, sportsperson, business, professional, civic, and citizen organizations. ``(B) Funding.--An advisory council established under subparagraph (A) may not receive any amounts made available to carry out this Act. ``(5) Quorum.--A majority of the members of the Council shall constitute a quorum. ``(6) Chairperson.-- ``(A) Election.--The members of the Council shall elect a chairperson of the Council from among the members of the Council. ``(B) Terms.--The chairperson shall serve not more than 2 terms of 2 years each. ``(7) Meetings.--The Council shall meet at the call of the chairperson or a majority of the members of the Council. ``(8) Staff and services.-- ``(A) Staff of the council.--The Council may appoint and fix the compensation of such staff as the Council considers necessary to carry out this Act. ``(B) Procurement of temporary services.--The Council may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ``(C) Administrative support services.--The Administrator of General Services shall provide to the Council, on a reimbursable basis, such administrative support services as the Council requests. ``(D) Provision by the secretary.--On a request by the Council, the Secretary shall provide personnel, information, and services to the Council to carry out this Act. ``(E) Provision by other federal departments and agencies.--A Federal agency shall provide to the Council, on a reimbursable basis, such information and services as the Council requests. ``(F) Provision by the governor.--The Governor of Minnesota may provide to the Council, on a reimbursable basis, such personnel and information as the Council may request. ``(G) Subpoenas.--The Council may not issue a subpoena nor exercise any subpoena authority. ``(9) Procedural matters.-- ``(A) Guidelines for conduct of business.--The following guidelines apply with respect to the conduct of business at meetings of the Council: ``(i) Open meetings.--Each meeting shall be open to the public. ``(ii) Public notice.--Timely public notice of each meeting, including the time, place, and agenda of the meeting, shall be published in local newspapers and such notice may be given by such other means as will result in wide publicity. ``(iii) Public participation.--Interested persons shall be permitted to give oral or written statements regarding the matters on the agenda at meetings. ``(iv) Minutes.--Minutes of each meeting shall be kept and shall contain a record of the persons present, an accurate description of all proceedings and matters discussed and conclusions reached, and copies of all statements filed. ``(v) Public inspection of record.--The administrative record, including minutes required under clause (iv), of each meeting, and records or other documents that were made available to or prepared for or by the Council incident to the meeting, shall be available for public inspection and copying at a single location. ``(B) New information.--At any time when the Council determines it appropriate to consider new information from a Federal or State agency or from a Council advisory body, the Council shall give full consideration to new information offered at that time by interested members of the public. Interested parties shall have a reasonable opportunity to respond to new data or information before the Council takes final action on management measures. ``(10) Compensation.-- ``(A) In general.--A member of the Council who is not an officer or employee of the Federal government shall serve without pay. ``(B) Travel expenses.--While away from the home or regular place of business of the member in the performance of services for the Council, a member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Federal Government service are allowed expenses under section 5703 of title 5, United States Code. ``(11) Funding.--Of amounts appropriated to the Forest Service for a fiscal year, the Secretary shall make available such amounts as the Council shall request, not to exceed $150,000 for the fiscal year. ``(12) Termination of council.--The Council shall terminate on the date that is 10 years after the date of enactment of this subsection.''. SEC. 5. MANAGEMENT PLAN. Section 20 of Public Law 95-495 (92 Stat. 1659; 16 U.S.C. 1132 note) is amended to read as follows: ``SEC. 20. MANAGEMENT PLAN. ``(a) Schedule.-- ``(1) In general.--Not later than 3 years after the date of enactment of this subsection, the Council shall submit to the Secretary and the Governor of Minnesota a comprehensive management plan (referred to in this section as the `plan') for the Boundary Waters Canoe Area Wilderness, to be developed and implemented by the responsible Federal agencies, the State of Minnesota, and local political subdivisions. ``(2) Preliminary report.--Not later than 1 year after the date of the first meeting of the Council, the Council shall submit a preliminary report to the Secretary describing the process to be used to develop the plan. ``(b) Development of Plan.-- ``(1) In general.--In developing the plan, the Council shall examine all relevant issues, including-- ``(A) year-round visitation consistent with the use levels established under this Act, including-- ``(i) reform and simplification of the current day use and overnight use permit system; ``(ii) resolving discrepancies between actual permit use and absences; and ``(iii) defining the need for special permit policies for commercial uses; ``(B) the appropriate distribution of visitors in the wilderness; and ``(C) a comprehensive visitor education program. ``(2) Conditions.--In carrying out subparagraphs (A) through (C) of paragraph (1), the Council shall-- ``(A) be subject to relevant environmental law; ``(B) consult on a regular basis with appropriate officials of each Federal or State agency or local government that has jurisdiction over land or water in the wilderness; ``(C) consult with interested conservation, sportsperson, business, professional, civic, and citizen organizations; and ``(D) conduct public meetings at appropriate places to provide interested persons the opportunity to comment on matters to be addressed by the plan. ``(3) Prohibited considerations.--The Council may not consider-- ``(A) removing wilderness designation; ``(B) allowing mining, logging, or commercial or residential development; or ``(C) allowing new types of motorized uses in the wilderness, except as provided in this Act. ``(c) Approval of Plan.-- ``(1) Submission to secretary and governor.--The Council shall submit the plan to the Secretary and the Governor of Minnesota for review. ``(2) Approval or disapproval by the secretary.-- ``(A) Review by the governor.--The Governor may comment on the plan not later than 60 days after receipt of the plan from the Council. ``(B) Secretary.-- ``(i) In general.--The Secretary shall approve or disapprove the plan not later than 90 days after receipt of the plan from the Council. ``(ii) Criteria for review.--In reviewing the plan, the Secretary shall consider-- ``(I) the adequacy of public participation; ``(II) assurances of plan implementation from State and local officials in Minnesota; ``(III) the adequacy of regulatory and financial tools that are in place to implement the plan; ``(IV) provisions of the plan for continuing oversight by the Council of implementation of the plan; and ``(V) the consistency of the plan with Federal law. ``(iii) Notification of disapproval.--If the Secretary disapproves the plan, the Secretary shall, not later than 30 days after the date of disapproval, notify the Council in writing of the reasons for the disapproval and provide recommendations for revision of the plan. ``(C) Revision and resubmission.--Not later than 60 days after receipt of a notice of disapproval under subparagraph (B) or (D), the Council shall revise and resubmit the plan to the Secretary for review. ``(D) Approval or disapproval of revision.--The Secretary shall approve or disapprove a plan submitted under subparagraph (C) not later than 30 days after receipt of the plan from the Council. ``(d) Review and Modification of Implementation of Plan.--The Council-- ``(1) shall review and monitor the implementation of the plan; and ``(2) may, after providing for public comment and after approval by the Secretary, modify the plan, if the Council and the Secretary determine that the modification is necessary to carry out this Act. ``(e) Interim Program.--Before the approval of the plan, the Council shall advise and cooperate with appropriate Federal, State, local, and tribal governmental entities to minimize adverse impacts on the values described in section 2. ``(f) Forest Service Regulations.--During the period beginning on the date of enactment of this subsection and ending on the date a management plan is approved by the Secretary under subsection (c)(2), the Secretary may not issue any regulation that relates to the Boundary Waters Canoe Area Wilderness, except for-- ``(1) regulations required for routine business, such as issuing permits, visitor education, maintenance, and law enforcement; and ``(2) emergency regulations. ``(g) State and Local Jurisdiction.--Nothing in this Act diminishes, enlarges, or modifies any right of the State of Minnesota or any political subdivision of the State to-- ``(1) exercise civil and criminal jurisdiction; ``(2) carry out State fish and wildlife laws in the wilderness; or ``(3) tax persons, corporations, franchises, or private property on land and water included in the wilderness.''.", "summary": "Boundary Waters Canoe Area Wilderness Accessibility and Partnership Act of 1996 - Modifies certain restrictions on motorboat use on specified lakes within the Boundary Waters Canoe Area Wilderness, Minnesota. Permits the operation of motorized vehicles and associated equipment to assist in the transport of a boat across the portages from the Moose Lake Chain (currently, Sucker Lake) to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake. Establishes the Boundary Waters Canoe Area Wilderness Intergovernmental Council to develop, review, monitor implementation of, and, if necessary, modify a comprehensive management plan for the Wilderness. Prohibits the Council from considering: (1) removing the wilderness designation; (2) allowing mining, logging, or commercial or residential development; or (3) allowing motorized uses not otherwise authorized. Provides for review, recommendations for revisions, and approval or disapproval of such plan by the Secretary of Agriculture. Prohibits the Secretary, pending approval of the plan, from issuing any regulation that relates to the Wilderness, except for: (1) regulations required for routine business, such as issuing permits, visitor education, maintenance, and law enforcement; and (2) emergency regulations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Addiction Treatment Modernization Act''. SEC. 2. FINDINGS. The Congress finds that opioid addiction has become a public health epidemic that must be addressed by increasing awareness and access to all treatment options for opioid addiction, overdose reversal, and relapse prevention. SEC. 3. OPIOID ADDICTION TREATMENT MODERNIZATION. (a) In General.--Section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) is amended-- (1) by adding at the end the following: ``(3) The standards under paragraph (1)(A) (for determining whether a practitioner is qualified to engage in the treatment with respect to which registration is sought) shall include a requirement for completion, every 2 years, of training-- ``(A) provided (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) by an organization such as the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, the American Association for the Treatment of Opioid Dependence, the National Council for Behavioral Health, or any other organization that the Secretary determines is appropriate; and ``(B) addressing-- ``(i) opioid detoxification; ``(ii) appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of opioid addiction; ``(iii) the need for initial and periodic assessments of each patient; ``(iv) the development of an individualized treatment plan for each patient; and ``(v) the importance of providing overdose reversal and relapse prevention, and appropriate counseling and other services.''; (2) in paragraph (2)(B), by inserting ``and annually thereafter,'' after ``before the initial dispensing of narcotic drugs in schedule III, IV, or V or combinations of such drugs to patients for maintenance or detoxification treatment,''; (3) by amending paragraph (2)(B)(ii) to read as follows: ``(ii) With respect to patients to whom the practitioner will provide such drugs or combinations of drugs, the practitioner has the capacity to provide directly or by referral-- ``(I) all drugs approved by the Food and Drug Administration for the treatment of opioid addiction, including, as available, opioid maintenance, detoxification, and overdose reversal and relapse prevention; and ``(II) appropriate counseling and ancillary services.''; (4) by redesignating clause (iii) of paragraph (2)(B) as clause (iv); (5) after paragraph (2)(B)(ii), by inserting the following: ``(iii) The practitioner maintains a diversion control plan that contains specific measures to reduce the likelihood of the diversion of controlled substances prescribed by the practitioner for the treatment of opioid addiction.''; (6) by amending paragraph (2)(G)(ii) to read as follows: ``(ii) The term `qualifying physician' means a physician who meets the following: ``(I) The physician is licensed under State law. ``(II) The physician meets one or more of the following conditions: ``(aa) The physician holds a subspecialty board certification in addiction psychiatry from the American Board of Medical Specialties. ``(bb) The physician holds an addiction certification from the American Society of Addiction Medicine. ``(cc) The physician holds a subspecialty board certification in addiction medicine from the American Osteopathic Association. ``(dd) The physician has participated as an investigator in one or more clinical trials leading to the approval of a narcotic drug in schedule III, IV, or V for maintenance or detoxification treatment or the approval of a drug for the treatment of opioid addiction, as demonstrated by a statement submitted to the Secretary by the sponsor of such approved drug. ``(ee) The physician has such other training or experience as the State medical licensing board (of the State in which the physician will provide maintenance or detoxification treatment) considers to demonstrate the ability of the physician to treat and manage opiate-dependent patients. ``(ff) The physician has such other training or experience as the Secretary considers to demonstrate the ability of the physician to treat and manage opiate-dependent patients. Any criteria of the Secretary under this item shall be established by regulation. Any such criteria are effective only for 3 years after the date on which the criteria are promulgated, but may be extended for such additional discrete 3-year periods as the Secretary considers appropriate for purposes of this item. Such an extension of criteria may only be effectuated through a statement published in the Federal Register by the Secretary during the 30-day period preceding the end of the 3-year period involved. ``(iii) The physician completes, with respect to the treatment and management of opiate-dependent patients, not less than 8 hours of training described in paragraph (3) not less frequently than every 2 years. ``(iv) The physician obtains in writing from each patient a signed acknowledgment that the patient-- ``(I) will be subject to medication adherence and substance use monitoring; ``(II) understands available treatment options, including drugs approved by the Food and Drug Administration for the treatment of opioid addiction and their potential risks and benefits; and ``(III) has an individualized treatment plan.''; and (7) by amending paragraph (2)(H)(ii) to read as follows: ``(ii) Not later than one year after the date of enactment of the Opioid Addiction Treatment Modernization Act, the Secretary shall update the treatment improvement protocol containing best practice guidelines for the treatment of opiate-dependent patients. The Secretary shall update such protocol in consultation with the Director of the National Institute on Drug Abuse, the Administrator of the Drug Enforcement Administration, the Commissioner of Food and Drugs, the Administrator of the Substance Abuse and Mental Health Services Administration, and other substance abuse disorder professionals. Updates to the protocol shall be guided by science.''. (b) Inspection Authority.--The Secretary of Health and Human Services or the Attorney General of the United States may inspect persons that are registered under section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) to ensure compliance with the requirements in this Act (and the amendments made by this Act) with respect to which noncompliance may result in a revocation or suspension of the practitioner's registration. (c) Certification of Compliance.--Not later than 1 year after the date of enactment of this Act, all practitioners who, as of such date of enactment, are permitted to dispense narcotic drugs to individuals (for maintenance treatment or detoxification treatment) pursuant to paragraph (1) or (2) of section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) shall submit a certification to the Secretary of Health and Human Services of compliance with the provisions of such section 303(g), as amended by this Act. (d) Reports to Congress.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Comptroller General of the United States shall-- (A) perform a thorough review of the provision of opioid addiction treatment services in the United States; and (B) submit a report to the Congress on the findings and conclusions of such review. (2) Contents.--Each report under paragraph (1) shall include-- (A) an assessment of compliance with the requirements of section 303(g) of the Controlled Substances Act, as amended by this Act; (B) a description of the measures taken by the Secretary of Health and Human Services to ensure such compliance; and (C) an assessment of-- (i) whether the full range of science- and evidence-based treatment options for opioid addiction are fully integrated into treatment; and (ii) the circumstances surrounding medication diversion and misuse.", "summary": "Opioid Addiction Treatment Modernization Act This bill amends the Controlled Substances Act to require a practitioner who administers or dispenses narcotic drugs for maintenance or detoxification treatment in an opioid treatment program to complete training every two years. The legislation revises the waiver requirements for a physician who wants to administer, dispense, or prescribe narcotic drugs for maintenance or detoxification treatment in an office-based opioid treatment program. Currently, such physician must notify the Department of Health and Human Services (HHS) and certify that he or she is a qualifying physician, has the capacity to refer patients for appropriate counseling and ancillary services, and will comply with a patient limit. This bill requires a physician to also certify that he or she maintains a diversion control plan and has the capacity to provide directly or by referral all drugs approved by the Food and Drug Administration for the treatment of opioid addiction. The bill modifies the definition of a \"qualifying physician.\" Currently, a qualifying physician must be licensed in a state and have expertise (such as relevant certification, training, or experience). This legislation requires a qualifying physician to also complete training every two years and obtain written consent from each patient regarding available treatment options.  It permits HHS or the Department of Justice to inspect registered practitioners who dispense narcotics to ensure compliance with the requirements of this Act. All practitioners who are permitted to dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment must submit to HHS a certification of compliance with the requirements of this Act. The Government Accountability Office must review opioid addition treatment services in the United States and report findings to Congress every five years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Delphi Pensions Restoration Act of 2012''. SEC. 2. SALE OF TROUBLED ASSETS TO FUND CERTAIN PENSION BENEFITS. (a) In General.--Subsection (d) of section 106 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216) is amended to read as follows: ``(d) Disposition of Revenues.-- ``(1) Transfer to treasury.--Except as provided in paragraph (2), revenues of, and proceeds from the sale of troubled assets purchased under this Act, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under section 113 shall be paid into the general fund of the Treasury for reduction of the public debt. ``(2) Funding of certain pension benefits.--Proceeds from the sale or transfer, after the date of the enactment of the Delphi Pensions Restoration Act of 2012, of any stock, warrant, or financial instrument acquired by the Secretary in connection with providing financial assistance to the General Motors Corporation under this Act shall be transferred to the Delphi Retired Employees Fund established under section 3 of such Act.''. SEC. 3. DELPHI RETIRED EMPLOYEES FUND. (a) Establishment of Fund.--There is established on the books of the Treasury of the United States a Delphi Retired Employees Fund (hereinafter in this section referred to as the ``Fund'') to be used by the Secretary of the Treasury in making the payments required under subsection (b). (b) Payments From the Fund.--The Fund shall be available-- (1) for paying to each eligible separated employee (on a lump sum basis, if appropriate) an amount equal to-- (A) the nonforfeitable benefits to which such employee was entitled under a defined benefit plan described in subsection (d) as in effect immediately before the termination of the plan, but which are not payable to such employee by reason of the termination of the plan; reduced by (B) the amounts paid to such employee by the Pension Benefit Guaranty Corporation under section 4022(a) of the Employee Retirement Security Act of 1974 (29 U.S.C. 1322(a)); and (2) for paying the operational and administrative expenses in connection with the operation of the Fund, including reimbursement of expenses incurred by the Pension Benefit Guaranty Corporation in connection with the information sharing requirements of subsection (e). (c) Eligible Separated Employee.--For purposes of this section, the term ``eligible separated employee'' means any individual-- (1) who is separated from employment with Delphi Corporation before the date of the enactment of this Act; (2) who was a participant in a defined benefit plan described in subsection (d); and (3) who is not covered by any agreement between the General Motors Corporation and participants in such a defined benefit plan under which the General Motors Corporation provides to the participants that are covered by the agreement a payment of nonforfeitable benefits in an amount equal to the amount that such participants would have been entitled to receive under the plan but for the termination of such plan. (d) Defined Benefit Plans Described.--A defined benefit plan described in this subsection is a defined benefit plan-- (1) that was terminated before the date of the enactment of this Act pursuant to a proceeding under title 11, United States Code; (2) that was sponsored by the Delphi Corporation before the date of such termination; and (3) with respect to which the Pension Benefit Guaranty Corporation is administering, as of such date of enactment, the payment of the nonforfeitable benefits guaranteed under section 4022(a) of the Employee Retirement Security Act of 1974 (29 U.S.C. 1322(a)). (e) Information Sharing by Pension Benefit Guaranty Corporation.-- The Pension Benefit Guaranty Corporation shall provide to the Secretary of the Treasury such information as the Secretary of the Treasury may request to assist in determining the amount of each payment required to be made under subsection (b)(1). (f) Investment of the Fund.--Whenever the Secretary of the Treasury determines that the moneys of the Fund are in excess of current needs, the Secretary of the Treasury may invest such amounts as such Secretary deems advisable in obligations issued or guaranteed by the United States. Earnings on investment under the preceding sentence shall be credited to the Fund. SEC. 4. APPLICATION TO PENDING LITIGATION. Nothing in this Act shall be construed to invalidate, vitiate, or otherwise interfere with any legal or administrative proceeding initiated prior to the date of the enactment of this Act.", "summary": "Delphi Pensions Restoration Act of 2012 - Amends the Emergency Economic Stabilization Act of 2008 to require transfer to the Delphi Retired Employees Fund of all proceeds from the sale or transfer, after enactment of this Act, of any stock, warrant, or financial instrument acquired by the Secretary of the Treasury in connection with providing financial assistance to the General Motors Corporation (GM). Establishes the Delphi Retired Employees Fund in the Treasury for payments to eligible employees separated from Delphi Corporation who participated in a now terminated Delphi-sponsored defined benefit plan, but who are not covered by any agreement between GM and participants in another defined benefit plan under which GM pays covered participants nonforfeitable benefits equal to the amount they would have been entitled to receive under the plan but for the plan's termination. Makes the Fund available to pay each eligible separated employee an amount equal to such nonforfeitable benefits, reduced by any amounts already paid the employee by the Pension Benefit Guaranty Corporation (PBGC) under the Employee Retirement Security Act of 1974 (ERISA)."}
{"article": "467 on July 22, 2004, by a unanimous vote of 422-0, which-- (A) declares that the atrocities unfolding in the Darfur region of Sudan, are genocide; (B) declares that the Government of Sudan has violated the Convention on the Prevention and Punishment of the Crime of Genocide; (C) urges the Administration to seriously consider multilateral intervention to stop genocide in Darfur should the United Nations Security Council fail to act; and (D) calls on the Administration to impose targeted sanctions, including visa bans and the freezing of assets of the Sudanese National Congress and affiliated business and individuals directly responsible for the atrocities in Darfur. (2) In the 109th Congress, the House of Representatives passed H.R. 3127, the Darfur Peace and Accountability Act of 2006, on April 5, 2006, by a vote of 416-3, which-- (A) appeals to the international community, including the United Nations, the European Union, and the North Atlantic Treaty Organization (NATO), to immediately mobilize sufficient political, military, and financial resources to support and expand the African Union Mission in Sudan (AMIS); (B) blocks assets and restricts travel of any individual the President determines is responsible for acts of genocide, war crimes, or crimes against humanity in the Darfur region of Sudan; and (C) offers United States support for the International Criminal Court's efforts to prosecute those responsible for acts of genocide in Darfur. (3) On September 9, 2004, former Secretary of State Colin Powell stated before the Committee on Foreign Relations of the Senate that genocide was being committed in the Darfur region of Sudan and that the Government of Sudan and the government- supported Janjaweed militias bear responsibility for the genocide. (4) On September 21, 2004, President George W. Bush affirmed the Secretary of State's finding in an address before the United Nations General Assembly, stating that the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes the Government of the United States has concluded are genocide. (5) Although the Government of the United States currently bans United States companies from conducting business operations in Sudan, millions of Americans are inadvertently supporting the Government of Sudan by investing in foreign companies that conduct business operations in Sudan that disproportionately benefit the Sudanese regime in Khartoum. (6) Illinois, New Jersey, Oregon, and Maine have passed legislation mandating divestment of State funds from companies that conduct business operations in Sudan. California, Massachusetts, Rhode Island, North Carolina, Kansas, Wisconsin, Indiana, Georgia, Maryland, New York, Iowa, and Texas have considered or are considering legislation to divest State funds from companies that conduct business operations in Sudan. Connecticut, Ohio, and Vermont have passed non-binding divestment legislation with respect to Sudan. Arizona, Louisiana, Missouri, and Pennsylvania have adopted screening processes for investments in companies that conduct business operations in countries that are sponsors of terrorism, including Sudan. (7) Providence, Rhode Island and New Haven, Connecticut have passed legislation mandating divestment of city funds from companies that conduct business operations in Sudan. (8) Amherst, Boston University, Brandeis, Brown, Columbia, Dartmouth, Harvard, Middlebury, Oberlin, Princeton, the Reconstructionist Rabbinical College, Samford, Simmons, Smith, Stanford, Trinity, the University of California, the University of Maryland, the University of Pennsylvania, the University of Southern California, the University of Vermont, the University of Washington, Williams, and Yale have divested their funds from, or placed restrictions on investment of their funds in, certain companies that conduct business operations in Sudan. (9) No American should have to worry that his or her investments or pension money was earned in support of genocide. (10) Divestment has proven effective in similar situations, as in 1986, when State pension funds and university endowments were divested from companies that conducted business operations in South Africa, which was critical to ending apartheid in that country, and by 1994, when the first free elections in South Africa took place, a substantial number of States, counties, cities, universities and colleges in the United States had adopted partial or total divestment policies. (11) The only type of pressure shown to be effective against Sudan is economic pressure against the Government of Sudan, such as the imposition of sanctions and divestment. Sudan has cooperated with the United States on counterterrorism efforts due to United States sanctions imposed on Sudan in 1997 and Sudan agreed to negotiations with the Sudan People's Liberation Army of South Sudan that resulted in the Comprehensive Peace Agreement of 2005 due in part to a successful divestment campaign against Talisman Energy, Incorporated of Canada. (12) Congress acknowledges that divestment should be used sparingly and under extraordinary circumstances. This Act is based on unique circumstances, specifically, the reprehensible and abhorrent genocide occurring in Sudan. (13) The business operations of companies in countries that perpetrate grave abuses of human rights, especially the uniquely monstrous crime of genocide, are of material financial concern to United States investors even when these operations represent a small fraction of a company's total business. (14) State and city pension funds have routinely but unsuccessfully sought to acquire and utilize data from the Federal Government on companies for investment decisions. (15) The deteriorating security situation in the Darfur region of Sudan indicates that the people of Darfur cannot wait long for security to be reestablished. SEC. 3. STATEMENT OF POLICY. Congress recognizes and supports-- (1) States and cities that have divested or are in the process of divesting State and city funds from companies that conduct business operations in Sudan; and (2) United States colleges and universities that have divested their funds from, or placed restrictions on investments of their funds in, companies that conduct business operations in Sudan. SEC. 4. IDENTIFICATION OF COMPANIES CONDUCTING BUSINESS OPERATIONS IN SUDAN. (a) Identification.--The Securities and Exchange Commission, acting through the Division of Corporation Finance, shall require all companies trading in securities that are registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) which, either directly or through a parent or subsidiary company, including partly- owned subsidiaries, conduct business operations in Sudan to disclose the nature of their business operations in Sudan, including-- (1) the existence and nature of business relationships and investments with national, regional, and local governments; (2) business activities with government or government- controlled entities; (3) business operations relating to the sale of military equipment or inherently ``dual-use'' technology, such as civilian radar systems; (4) business operations relating to natural resource extraction, including oil-related activities and mining of minerals; and (5) safeguards to ensure business operations do not become indirectly involved in the terrorist-sponsoring or genocidal policies of the Government of Sudan. (b) Investigation by Government Accountability Office.--The Comptroller General of the Government Accountability Office shall investigate the existence and extent of all Federal Retirement Thrift Investment Board investments in companies identified pursuant to subsection (a). (c) Reports.-- (1) SEC report.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Securities and Exchange Commission shall prepare and submit to Congress a report that contains the names of the companies and a description of their business operations identified under subsection (a). (2) GAO report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the Government Accountability Office shall prepare and submit to Congress a report that contains the names of the companies and a description of the amount of Federal Retirement Thrift Investment Board investments in such companies identified under subsection (b). (d) Publication on Websites.-- (1) SEC website.--The Securities and Exchange Commission shall maintain a list of the names of the companies identified under subsection (a) on the website of the Securities and Exchange Commission. (2) GAO website.--The Comptroller General of the Government Accountability Office shall maintain a list of the names of the companies identified under subsection (b) on the website of the Government Accountability Office. SEC. 5. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS. (a) Prohibition.--Notwithstanding any other provision of law, the Government of the United States shall not enter into or renew a contract for the procurement of goods or services with any company identified under section 4(a). (b) Exception.--The prohibition in subsection (a) shall not apply with respect to a company identified under section 4(a) whose business operations in Sudan are limited to activities or transactions relating to-- (1) southern Sudan, southern Kordofan/Nuba Mountains State, Blue Nile State, or Abyei; (2) the implementation of the Darfur Peace Agreement of May 5, 2006; (3) the provision of military equipment to be used by nongovernmental organizations in the Darfur region of Sudan, the African Union Mission in Sudan (AMIS), or the United Nations; or (4) the provision of humanitarian assistance that is of immediate and substantial benefit to-- (A) the majority of people of the Darfur region of Sudan; or (B) the majority of people of eastern Sudan, including the Red Sea, Kassala, and Gedaref States. (c) Waiver.--The President may waive the prohibition in subsection (a) on a case-by-case basis if the President determines and certifies in writing to Congress that it is important to the national security interests of the United States to do so. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act or any other provision of law shall be construed to preempt any State law that prohibits investment of State funds, including State pension funds, in or relating to Sudan. SEC. 7. DEFINITIONS. In this Act: (1) Business operations.--The term ``business operations'' means maintaining, selling, or leasing equipment, facilities, personnel, or any other apparatus of business or commerce, including the ownership or possession of real or personal property. (2) Company.--The term ``company''-- (A) means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, its subsidiary or affiliate that exists for profit-making purposes or to otherwise secure economic advantage; and (B) includes a company owned or controlled, either directly or indirectly, by the government of a foreign country, that is established or organized under the laws of, or has its principal place of business in, such foreign country. (3) Government of sudan.--The term ``Government of Sudan'' means the Government of Sudan located in Khartoum or its instrumentalities. (4) Investment.--The term ``investment'' means the purchase, ownership, or control of stock of a company, association, or corporation, the capital stock of a mutual water company or corporation, bonds issued by the government or a political subdivision of a foreign country, corporate bonds or other debt instruments issued by a company, or the commitment of funds or other assets to a company, including a loan or extension of credit to that company. (5) Military equipment.--The term ``military equipment'' means weapons, arms, or military defense supplies. (6) Oil-related activities.--The term ``oil-related activities'' includes the export of oil, extracting or producing oil, exploration for oil, or the construction or maintenance of a pipeline, refinery, or other oil field infrastructure. (7) Sudan.--The term ``Sudan'' means the Republic of Sudan, a territory under the administration or control of the Government of Sudan, including the Darfur region, or an individual, company, or public agency located in Khartoum, northern Sudan, or the Nile River Valley that supports the Republic of the Sudan.", "summary": "Darfur Accountability and Divestment Act of 2006 - Supports state, city, and university efforts to divest funds from, or restrict investments in, companies that conduct business operations in Sudan. Directs: (1) the Securities and Exchange Commission (SEC) to require all companies trading in registered securities that conduct business operations directly or through parent or subsidiary companies in Sudan to disclose the nature of such operations; and (2) the Government Accountability Office (GAO) to investigate the existence and extent of such companies' Federal Retirement Thrift Investment Board investments. Prohibits U.S. government contracts with such companies, with exceptions for companies whose activities are related to: (1) southern Sudan, southern Kordofan/Nuba Mountains State, Blue Nile State, or Abyei; (2) the implementation of the 2006 Darfur Peace Agreement; (3) the provision of military equipment for nongovernmental organizations in the Darfur region of Sudan, the African Union Mission in Sudan (AMIS), or the United Nations; or (4) the provision of humanitarian assistance that is of immediate and substantial benefit to the majority of people of the Darfur region of Sudan or the majority of people of eastern Sudan, including the Red Sea, Kassala, and Gedaref States. Authorizes a national security waiver of such prohibition on a case-by-case basis."}
{"article": "SECTION 1. NATIONAL ACADEMY OF SPACE. (a) Establishment of Academy.--The Administrator shall establish a National Academy of Space for the instruction and preparation of selected individuals for service in a space-related capacity in the employ of the United States or a United States corporation. The Academy shall consist of a program of instruction leading to baccalaureate degrees in science, mathematics, and engineering at not less than 6 nor more than 10 universities selected under subsection (b)(3), with uniform curriculum criteria established by the Board, in conjunction with the Director. The Academy shall establish a permanent headquarters within 85 miles of an existing National Aeronautics and Space Administration facility for its administrative staff and for use by the Board. (b) Board.-- (1) Membership.--The Administrator shall appoint a Board of the National Academy of Space (in this section referred to as the ``Board'') consisting of a broadly representative group of scientists, engineers, educators, and businessmen representing space-related industries, along with the president of each university selected under paragraph (3). (2) Functions.--The Board shall-- (A) develop an exam for secondary students testing knowledge in science, mathematics, and engineering, or select an exam from among existing national exams, and annually administer such exam; (B) establish uniform curriculum criteria for Member Institutes; (C) provide for the placement at one of the Member Institutes of students awarded scholarships under this section at the Academy; (D) administer the awarding of such scholarships; and (E) establish a placement program to assist recipients of awards under this section in obtaining positions described in subsection (k)(1)(A). (3) Selection of universities for academy.--The Board shall select not less than 6 nor more than 10 State universities that are regional in scope and that have outstanding degree programs in science, mathematics, and engineering to be designated as Member Institutes of the Academy. The selections shall come from universities that have applied to the Board and that have demonstrated the willingness and capability to provide room, in a separate dormitory or portion of a dormitory, and board to scholarship winners and to offer the Academy's uniform curriculum. (c) Results of Exam.--The Board shall annually certify the top 10 scorers in each congressional district on the exam developed or selected under subsection (b)(2)(A), and award to the top 2 scorers in each State, and to the top scorer in each district who is not one of the top 2 scorers in the State, a scholarship under this section. (d) Scholarships Authorized.--(1) The Board shall establish a scholarship program for students to attend the Academy who are willing to commit themselves to service described in subsection (k). (2) A student who satisfies the requirements of subsection (f)(1) may receive a scholarship for a period of 1 academic year of undergraduate study at the Academy. (3) A student who satisfies the requirements of subsection (f)(2) may receive additional scholarships, each awarded for a period of 1 academic year, in order to complete his or her undergraduate course of study to a maximum of 3 such additional awards. (4) The individuals awarded scholarships under this section shall be referred to as the ``Space Corps''. (e) Disbursal of Scholarship Proceeds.--Scholarship proceeds shall be disbursed on behalf of students who receive scholarships under this section to the institutions of higher education at which the students are enrolled. No scholarship proceeds shall be disbursed on behalf of a student unless the student is enrolled at an institution of higher education. (f) Eligibility.-- (1) Initial eligibility.--Only individuals who are-- (A) citizens or nationals of the United States, or aliens lawfully admitted to the United States for permanent residence; (B) majoring in the physical, life, or computer sciences, mathematics, or engineering; and (C) enrolled in an institution of higher education as a full-time undergraduate student (as determined by the institution of higher education), shall be eligible for awards under this section. (2) Requirements for continuation awards.--A student who has received a scholarship under this section may receive a continuation award under subsection (d)(3) for a subsequent academic year of undergraduate education if the student-- (A) maintains a high level of academic achievement, as determined in accordance with the regulations of the Administrator; (B) continues to major in one of the physical, life, or computer sciences, mathematics, or engineering; and (C) continues to be enrolled at an institution of higher education as a full-time undergraduate student (as determined by the institution). (g) Waiver of Full-Time Attendance Requirement.--The Administrator may waive the full-time attendance requirements in this section in unusual circumstances. (h) Failure To Meet Eligibility Requirements.--In the event that the student fails to meet the requirements of this section, the student's eligibility to receive further scholarships (or scholarship proceeds) under this section shall be suspended in accordance with the regulations of the Administrator. (i) Reinstatement or Eligibility.--The Administrator shall determine circumstances under which eligibility of a scholarship recipient under this section may be reinstated if the recipient seeks to reenter school after an interruption of schooling for personal reasons, including, but not limited to, pregnancy, child-rearing, and other family responsibilities. (j) Scholarship Amount.-- (1) Amount of award.--Except as provided in paragraph (2), the amount of a scholarship awarded under this section shall cover the full tuition and fees of the student at the Academy. (2) Adjustments for insufficient appropriations.--In the event that funds available in a fiscal year are insufficient to fully fund all awards under this section, the amount paid to each student shall be reduced proportionately. (k) Service Requirement.-- (1) Space scholarships.--Each recipient of an award under this section shall, as a condition of the receipt of such award, agree to complete 4 years of-- (A) service in a space-related capacity in the employ of the United States or any corporation or other entity, organized under the laws of the United States or of a State of the United States, at least 50 percent of which is owned by United States nationals, and which is engaged in space-related research or endeavor; (B) postgraduate education in physical, life, or computer science, mathematics, or engineering at an institution of higher education; or (C) a combination of service and education described under subparagraphs (A) and (B). (2) Repayment obligation.--As part of the agreement required under paragraph (1), each recipient shall agree, in the event of failure to complete the service obligation described in paragraph (1), to repay an amount equal to-- (A) the total amount of awards received by such individual under this section; plus (B) the interest on such amounts which would be payable if at the time the amounts were received the amounts were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States. Such repayment shall be made within 1 year after the recipient has ceased to perform the service obligation described in paragraph (1). (3) Exceptions.--The Administrator may provide for the partial or total waiver or suspension of any service obligation or payment by an individual under this section in the same manner as is permitted under section 558 of the Higher Education Act of 1965 with respect to scholarships under subpart 1 of part D of title V of the Higher Education Act of 1965, except that pregnancy, child-rearing, or comparable family responsibilities shall also be grounds for deferral. (l) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $9,000,000 for fiscal year 1996, of which $5,000,000 shall be for the establishment of a permanent headquarters for the Academy pursuant to section 1(a); (2) $4,000,000 for fiscal year 1997; (3) $4,000,000 for fiscal year 1998; (4) $4,000,000 for fiscal year 1999; and (5) $4,000,000 for fiscal year 2000. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration; (2) the term ``institution of higher education'' has the meaning given such term in section 1201(a) of the Higher Education Act of 1965; and (3) the term ``State'' means each of the 50 States and any other Commonwealth, territory, or possession of the United States represented in the Congress by a Member or Delegate.", "summary": "Directs the Administrator of the National Aeronautics and Space Administration to: (1) establish a National Academy of Space to prepare qualifying individuals for Government or U.S. corporate space-related service; and (2) appoint a Board of the National Academy of Space whose functions shall include exam and curriculum development, scholarship and placement administration, and selection of State universities as Member Institutes of the Academy. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Traumatic Brain Injury Treatment Act of 2007''. SEC. 2. SCREENING, REHABILITATION, AND TREATMENT FOR TRAUMATIC BRAIN INJURY. (a) Screening, Rehabilitation, and Treatment for Traumatic Brain Injury.-- (1) In general.--Chapter 17 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IX--TRAUMATIC BRAIN INJURY ``Sec. 1791. Screening for traumatic brain injuries ``(a) Screening Program.--The Secretary shall establish a program to screen veterans who are eligible for hospital care, medical services, and nursing home care under section 1710(e)(1)(D) of this title for symptoms of traumatic brain injury. ``(b) Report.--Not later than one year after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report containing the following information: ``(1) The number of veterans screened under the program during the year preceding such report. ``(2) The prevalence of traumatic brain injury symptoms among the veterans screened under the program. ``(3) Recommendations for improving care and services to veterans exhibiting symptoms of traumatic brain injury. ``Sec. 1792. Comprehensive program for long-term traumatic brain injury rehabilitation ``(a) Comprehensive Program.--The Secretary shall develop and carry out a comprehensive program of long-term care for post-acute traumatic brain injury rehabilitation that includes residential, community, and home-based components utilizing interdisciplinary treatment teams. ``(b) Location of Program.--The Secretary shall carry out the program developed under subsection (a) in four geographically dispersed polytrauma network sites designated by the Secretary. ``(c) Eligibility.--A veteran is eligible for care under the program developed under subsection (a) if the veteran is otherwise eligible for care under this chapter and-- ``(1) served on active duty in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) during a period of war after the Persian Gulf War, or in combat against a hostile force during a period of hostilities (as defined in section 1712A(a)(2)(B) of this title) after November 11, 1998; ``(2) is diagnosed as suffering from moderate to severe traumatic brain injury; and ``(3) is unable to manage routine activities of daily living without supervision or assistance. ``(d) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report containing the following information: ``(1) A description of the operation of the program. ``(2) The number of veterans provided care under the program during the year preceding such report. ``(3) The annual cost of operating the program. ``Sec. 1793. Traumatic brain injury transition offices ``(a) Establishment.--The Secretary shall establish a traumatic brain injury transition office at each Department polytrauma network site for the purposes of coordinating the provision of health-care and services to veterans who suffer from moderate to severe traumatic brain injuries and are in need of health-care and services not immediately offered by the Department. ``(b) Cooperative Agreements.--The Secretary, through each such office established under subsection (a), shall have the authority to arrange for the provision of health-care and services through cooperative agreements with appropriate public or private entities that have established long-term neurobehavioral rehabilitation and recovery programs. ``Sec. 1794. Traumatic brain injury registry ``(a) In General.--The Secretary shall establish and maintain a registry to be known as the `Traumatic Brain Injury Veterans' Health Registry' (in this section referred to as the `Registry'). ``(b) Description.--The Registry shall include the following information: ``(1) A list containing the name of each individual who served as a member of the Armed Forces in Operation Enduring Freedom or Operation Iraqi Freedom who exhibits symptoms associated with traumatic brain injury and who-- ``(A) applies for care and services from the Department under this chapter; or ``(B) files a claim for compensation under chapter 11 of this title on the basis of any disability which may be associated with such service; and ``(2) any relevant medical data relating to the health status of an individual described in paragraph (1) and any other information the Secretary considers relevant and appropriate with respect to such an individual if the individual-- ``(A) grants permission to the Secretary to include such information in the Registry; or ``(B) is deceased at the time such individual is listed in the Registry. ``(c) Notification.--The Secretary shall notify individuals listed in the Registry of significant developments in research on the health consequences of military service in the Operation Enduring Freedom and Operation Iraqi Freedom theaters of operations.''. (2) Clerical amendment.--The table of contents at the beginning of such chapter is amended by adding at the end the following new items: ``subchapter ix--traumatic brain injury ``1791. Screening for traumatic brain injuries. ``1792. Comprehensive program for long-term traumatic brain injury rehabilitation. ``1793. Traumatic brain injury transition offices. ``1794. Traumatic brain injury registry.''. (b) Effective Date.--The Secretary shall implement the requirements of subchapter IX of title 38, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act.", "summary": "Veterans Traumatic Brain Injury Treatment Act of 2007 - Directs the Secretary of Veterans Affairs to: (1) establish a program to screen veterans eligible for Department of Veterans Affairs (VA) hospital, medical, and nursing home care for symptoms of traumatic brain injury (TBI); (2) develop and carry out a program of long-term care for post-acute TBI rehabilitation; (3) establish a TBI transition office at each VA polytrauma network site to coordinate the provision of health care and services to veterans who suffer from moderate to severe TBI and are in need of health care and services not immediately offered by the VA; and (4) establish and maintain the Traumatic Brain Injury Veterans' Health Registry."}
{"article": "SECTION 1. PURPOSES AND DEFINITIONS. (a) Purposes.--The purposes of this Act are-- (1) to transfer administrative jurisdiction of certain Federal lands in Missouri from the Secretary of the Interior to the Secretary of Agriculture for continued Federal operation of the Mingo Job Corps Civilian Conservation Center; and (2) to not change the Secretary of Labor's role or authority regarding this Job Corps Center. (b) Definitions.--For the purposes of this Act-- (1) ``Center'' means the Mingo Job Corps Civilian Conservation Center in Stoddard County, Missouri, referenced in section 2(a) of this Act; (2) ``eligible employee'' means a person who, as of the date of enactment of this Act, is a full-time, part-time, or intermittent annual or per hour permanent Federal Government employee of the Fish and Wildlife Service at the Mingo Job Corps Civilian Conservation Center, including the two fully funded Washington Office Job Corps support staff; (3) ``Environmental Authorities'' mean all applicable Federal, State and local laws (including regulations) and requirements related to protection of human health, natural resources, or the environment, including but not limited to: the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601, et seq.); the Solid Waste Disposal Act (42 U.S.C. 6901, et seq.); the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.); the Clean Air Act (42 U.S.C. 7401, et seq.); the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.); the Toxic Substances Control Act (15 U.S.C. 2601, et seq.); the Safe Drinking Water Act (42 U.S.C. 300f, et seq.); and the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.); (4) ``U.S. Fish and Wildlife Service'' means the United States Fish and Wildlife Service as referenced at title 16, United States Code, section 742b(b); (5) ``Forest Service'' means the Department of Agriculture Forest Service as established by the Secretary of Agriculture pursuant to the authority of title 16, United States Code, section 551; (6) ``Job Corps'' means the national Job Corps program established within the Department of Labor, as set forth in the Workforce Investment Act of 1998, Public Law No. 105-220, Sec. Sec. 141-161, 112 Stat. 1006-1021 (1998) (codified at 29 U.S.C. 2881-2901); (7) ``National Forest System'' means that term as defined at title 16, United States Code, section 1609(a); and (8) ``National Wildlife Refuge System'' means that term as defined at title 16, United States Code, section 668dd. SEC. 2. TRANSFER OF ADMINISTRATION. (a) Transfer of Center.--Administrative jurisdiction over the Mingo Job Corps Civilian Conservation Center, comprising approximately 87 acres in Stoddard County, Missouri, as generally depicted on a map entitled ``Mingo National Wildlife Refuge'', dated September 17, 2002, to be precisely identified in accordance with subsection (c) of this section, is hereby transferred, without consideration, from the Secretary of the Interior to the Secretary of Agriculture. (b) Maps and Legal Descriptions.-- (1) The map referenced in this section shall be on file and available for public inspection in the Office of the Chief, Forest Service, Washington, DC, and in the office of the Chief of Realty, U.S. Fish and Wildlife Service, Arlington, Virginia. (2) Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall file a legal description and map of all of the lands comprising the Center and being transferred by section 2(a) of this Act with the Committee on Resources of the United States House of Representatives and the Committee on Environment and Public Works of the United States Senate, and such description and map shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may make typographical corrections as necessary. (c) Applicable Laws.-- (1) Subject to section 3, the Center transferred pursuant to subsection (a) shall be administered by the Secretary of Agriculture and shall be subject to the laws and regulations applicable to the National Forest System. (2) This transfer shall not conflict or interfere with any laws and regulations applicable to Job Corps. SEC. 3. IMPLEMENTATION OF TRANSFER. (a) Reversion Requirement.-- (1) In the event that the Center is no longer used or administered for Job Corps purposes, as concurred to by the Secretary of Labor, the Secretary of Agriculture shall so notify the Secretary of the Interior, and the Secretary of the Interior shall have 180 days from the date of such notice to exercise discretion to reassume jurisdiction over such lands. (2) The reversionary provisions of subsection (a) shall be effected, without further action by the Congress, through a Letter of Transfer executed by the Chief, Forest Service, and the Director, United States Fish and Wildlife Service, and with notice thereof published in the Federal Register within 60 days of the date of the Letter of Transfer. (b) Authorizations.-- (1) In general.--A permit or other authorization granted by the U.S. Fish and Wildlife Service on the Center that is in effect on the date of enactment of this Act will continue with the concurrence of the Forest Service. (2) Reissuance.--A permit or authorization described in paragraph (1) may be reissued or terminated under terms and conditions prescribed by the Forest Service. (3) Exercise of rights.--The Forest Service may exercise any of the rights of the U.S. Fish and Wildlife Service contained in any permit or other authorization, including any right to amend, modify, and revoke the permit or authorization. (c) Contracts.-- (1) Existing contracts.--The Forest Service is authorized to undertake all rights and obligations of the U.S. Fish and Wildlife Service under contracts entered into by the U.S. Fish and Wildlife Service on the Center that is in effect on the date of enactment of this Act. (2) Notice of novation.--The Forest Service shall promptly notify all contractors that it is assuming the obligations of the U.S. Fish and Wildlife Service under such contracts. (3) Disputes.--Any contract disputes under the Contracts Disputes Act (41 U.S.C. 601, et seq.) regarding the administration of the Center and arising prior to the date of enactment of this Act shall be the responsibility of the U.S. Fish and Wildlife Service. (d) Memorandum of Agreement.-- (1) In general.--The Chief, Forest Service, and the Director, U.S. Fish and Wildlife Service, are authorized to enter into a memorandum of agreement concerning implementation of this Act, including procedures for-- (A) the orderly transfer of employees of the U.S. Fish and Wildlife Service to the Forest Service; (B) the transfer of property, fixtures, and facilities; (C) the transfer of records; (D) the maintenance and use of roads and trails; and (E) other transfer issues. (e) Agreements With the Secretary of Labor.--In the operation of the Center, the Forest Service will undertake the rights and obligations of the U.S. Fish and Wildlife Service with respect to existing agreements with the Secretary of Labor pursuant to Public Law 105-220 (29 U.S.C. 2887, et seq.), and the Forest Service will be the responsible agency for any subsequent agreements or amendments to existing agreements. (f) Records.-- (1) Area management records.--The Forest Service shall have access to all records of the U.S. Fish and Wildlife Service pertaining to the management of the Center. (2) Personnel records.--The personnel records of eligible employees transferred pursuant to this Act, including the Official Personnel Folder, Employee Performance File, and other related files, shall be transferred to the Forest Service. (3) Land title records.--The U.S. Fish and Wildlife Service shall provide to the Forest Service records pertaining to land titles, surveys, and other records pertaining to transferred real property and facilities. (g) Transfer of Personal Property.-- (1) In general.--All federally owned personal property present at the Center is hereby transferred without consideration to the jurisdiction of the Forest Service, except that with regard to personal property acquired by the Fish and Wildlife Service using funds provided by the Department of Labor under the Job Corps program, the Forest Service shall dispose of any such property in accordance with the procedures stated in section 7(e) of the 1989 Interagency Agreement for Administration of Job Corps Civilian Conservation Center Program, as amended, between the Department of Labor and the Department of the Interior. (2) Inventory.--Not later than 60 days after the date of enactment of this Act, the U.S. Fish and Wildlife Service shall provide the Forest Service with an inventory of all property and facilities at the Center. (3) Property included.--Property under this subsection includes, but is not limited to, buildings, office furniture and supplies, computers, office equipment, vehicles, tools, equipment, maintenance supplies, and publications. (4) Exclusion of property.--At the request of the authorized representative of the U.S. Fish and Wildlife Service, the Forest Service may exclude movable property from transfer based on a showing by the U.S. Fish and Wildlife Service that the property is needed for the mission of the U.S. Fish and Wildlife Service, cannot be replaced in a cost-effective manner, and is not needed for management of the Center. SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AUTHORITIES. (a) Documentation of Existing Conditions.-- (1) In general.--Within 60 days after the date of enactment of this Act, the U.S. Fish and Wildlife Service shall provide the Forest Service and the Office of Job Corps, Employment and Training Administration, Department of Labor, all reasonably ascertainable documentation and information that exists on the environmental condition of the land comprising the Center. (2) Additional documentation.--The U.S. Fish and Wildlife Service shall provide the Forest Service and the Office of Job Corps, Employment and Training Administration, Department of Labor, with any additional documentation and information regarding the environmental condition of the Center as such documentation and information becomes available. (b) Actions Required.-- (1) Assessment.--Within 120 days after the date of enactment of this Act, the U.S. Fish and Wildlife Service shall provide the Forest Service and the Office of Job Corps, Employment and Training Administration, Department of Labor, an assessment, consistent with ASTM Standard E1527, indicating what action, if any, is required on the Center under any Environmental Authorities. (2) Memorandum of agreement.--If the findings of the environmental assessment indicate that action is required under applicable Environmental Authorities with respect to any portion of the Center, the Forest Service and the U.S. Fish and Wildlife Service shall enter into a memorandum of agreement that-- (A) provides for the performance by the U.S. Fish and Wildlife Service of the required actions identified in the environmental assessment; and (B) includes a schedule for the timely completion of the required actions to be taken as agreed to by U.S. Fish and Wildlife Service and Forest Service. (c) Documentation of Actions.--After a mutually agreeable amount of time following completion of the environmental assessment, but not exceeding 180 days from such completion, the U.S. Fish and Wildlife Service shall provide the Forest Service and the Office of Job Corps, Employment and Training Administration, Department of Labor, with documentation demonstrating that all actions required under applicable Environmental Authorities have been taken that are necessary to protect human health and the environment with respect to any hazardous substance, pollutant, contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product on the Center. (d) Continuation of Responsibilities and Liabilities.-- (1) In general.--The transfer of the Center and the requirements of this section shall not in any way affect the responsibilities and liabilities of the U.S. Fish and Wildlife Service at the Center under any applicable Environmental Authorities. (2) Access.--At all times after the date of enactment of this Act, the U.S. Fish and Wildlife Service and its agents shall be accorded any access to the Center that may be reasonably required to carry out the responsibility or satisfy the liability referred to in paragraph (1). (3) No liability.--The Forest Service shall not be liable under any applicable Environmental Authorities for matters that are related directly or indirectly to activities of the U.S. Fish and Wildlife Service or the Department of Labor on the Center occurring on or before the date of enactment of this Act, including liability for-- (A) costs or performance of response actions required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601, et seq.) at or related to the Center; or (B) costs, penalties, fines, or performance of actions related to noncompliance with applicable Environmental Authorities at or related to the Center or related to the presence, release, or threat of release of any hazardous substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product of any kind at or related to the Center, including contamination resulting from migration. (4) No effect on responsibilities or liabilities.--Except as provided in paragraph (3), nothing in this title affects, modifies, amends, repeals, alters, limits or otherwise changes, directly or indirectly, the responsibilities or liabilities under applicable Environmental Authorities with respect to the Forest Service after the date of enactment of this Act. (e) Other Federal Agencies.--Subject to the other provisions of this section, a Federal agency that carried or carries out operations at the Center resulting in the violation of an environmental authority shall be responsible for all costs associated with corrective actions and subsequent remediation. SEC. 5. PERSONNEL. (a) In General.-- (1) Employment.--Notwithstanding section 3503 of title 5, United States Code, the Forest Service will accept the transfer of eligible employees at their current pay and grade levels to administer the Center as of the date of enactment of this Act. (b) Transfer-Appointment in the Forest Service.--Eligible employees will transfer, without a break in Federal service and without competition, from the Department of the Interior, U.S. Fish and Wildlife Service, to the Department of Agriculture, Forest Service, upon an agreed date by both agencies. (c) Employee Benefit Transition.--Employees of the U.S. Fish and Wildlife Service who transfer to the Forest Service-- (1) shall retain all benefits and/or eligibility for benefits of Federal employment without interruption in coverage or reduction in coverage, including those pertaining to any retirement, Thrift Savings Plan (TSP), Federal Employee Health Benefit (FEHB), Federal Employee Group Life Insurance (FEGLI), leave, or other employee benefits; (2) shall retain their existing status with respect to the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS); (3) shall be entitled to carry over any leave time accumulated during their Federal Government employment; (4) shall retain their existing level of competitive employment status and tenure; and (5) shall retain their existing GM, GS, or WG grade level and pay. SEC. 6. IMPLEMENTATION COSTS AND APPROPRIATIONS. (a) The U.S. Fish and Wildlife Service and the Forest Service will cover their own costs in implementing this Act. (b) There is hereby authorized to be appropriated such sums as may be necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Transfers (with a reversionary interest for non-Job Corps use) administrative jurisdiction of certain Federal lands in Stoddard County, Missouri, from the Secretary of the Interior to the Secretary of Agriculture for continued operation of the Mingo Job Corps Civilian Conservation Center. Maintains Department of Labor agreements with respect to such Center. Transfers eligible employees, with their benefits and without a break in Federal service and without competition, from the Department of the Interior, U.S. Fish and Wildlife Service, to the Department of Agriculture. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Government Ethics Authorization Act of 1996''. SEC. 2. GIFT ACCEPTANCE AUTHORITY. Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App. 5) is amended-- (1) by inserting ``(a)'' before ``Upon the request''; and (2) by adding at the end the following: ``(b)(1) The Director is authorized to accept and utilize on behalf of the United States, any gift, donation, bequest, or devise of money, use of facilities, personal property, or services for the purpose of aiding or facilitating the work of the Office of Government Ethics. ``(2) No gift may be accepted-- ``(A) that attaches conditions inconsistent with applicable laws or regulations; or ``(B) that is conditioned upon or will require the expenditure of appropriated funds that are not available to the Office of Government Ethics. ``(3) The Director shall establish written rules setting forth the criteria to be used in determining whether the acceptance of contributions of money, services, use of facilities, or personal property under this subsection would reflect unfavorably upon the ability of the Office of Government Ethics, or any employee of such Office, to carry out its responsibilities or official duties in a fair and objective manner, or would compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs.''. SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS. The text of section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App. 5) is amended to read as follows: ``There are authorized to be appropriated to carry out this title such sums as may be necessary for each of fiscal years 1997 through 1999.''. SEC. 4. REPEAL AND CONFORMING AMENDMENTS. (a) Repeal of Display Requirement.--The Act entitled ``An Act to provide for the display of the Code of Ethics for Government Service,'' approved July 3, 1980 (5 U.S.C. 7301 note), is repealed. (b) Conforming Amendments.-- (1) FDIA.--Section 12(f)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1822(f)(3)) is amended by striking ``, with the concurrence of the Office of Government Ethics,''. (2) Ethics in government act of 1978.--(A) The heading for section 401 of the Ethics in Government Act of 1978 is amended to read as follows: ``ESTABLISHMENT; APPOINTMENT OF DIRECTOR''. (B) Section 408 of such Act is amended by striking ``March 31'' and inserting ``April 30''. SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS. Section 207(j) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(7) Political parties and campaign committees.--(A) Except as provided in subparagraph (B), the restrictions contained in subsections (c), (d), and (e) shall not apply to a communication or appearance made solely on behalf of a candidate in his or her capacity as a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party. ``(B) Subparagraph (A) shall not apply to-- ``(i) any communication to, or appearance before, the Federal Election Commission by a former officer or employee of the Federal Election Commission; or ``(ii) a communication or appearance made by a person who is subject to the restrictions contained in subsections (c), (d), or (e) if, at the time of the communication or appearance, the person is employed by a person or entity other than-- ``(I) a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party; or ``(II) a person or entity who represents, aids, or advises only persons or entities described in subclause (I). ``(C) For purposes of this paragraph-- ``(i) the term `candidate' means any person who seeks nomination for election, or election, to Federal or State office or who has authorized others to explore on his or her behalf the possibility of seeking nomination for election, or election, to Federal or State office; ``(ii) the term `authorized committee' means any political committee designated in writing by a candidate as authorized to receive contributions or make expenditures to promote the nomination for election, or the election, of such candidate, or to explore the possibility of seeking nomination for election, or the election, of such candidate, except that a political committee that receives contributions or makes expenditures to promote more than 1 candidate may not be designated as an authorized committee for purposes of subparagraph (A); ``(iii) the term `national committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level; ``(iv) the term `national Federal campaign committee' means an organization that, by virtue of the bylaws of a political party, is established primarily for the purpose of providing assistance, at the national level, to candidates nominated by that party for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; ``(v) the term `State committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level; ``(vi) the term `political party' means an association, committee, or organization that nominates a candidate for election to any Federal or State elected office whose name appears on the election ballot as the candidate of such association, committee, or organization; and ``(vii) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.''. SEC. 6. PAY LEVEL. Section 207(c)(2)(A)(ii) of title 18, United States Code, is amended by striking ``level V of the Executive Schedule,'' and inserting ``level 5 of the Senior Executive Service,''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Office of Government Ethics Authorization Act of 1996 - Amends the Ethics in Government Act of 1978 to: (1) authorize the Office of Government Ethics (OGE) Director to accept gifts for OGE use; and (2) extend the authorization of appropriations for the OGE. Amends Federal law to repeal the requirement that Federal buildings display the Code of Ethics for Government Service. Modifies postemployment restrictions on certain senior (including very senior) personnel. Modifies the level of pay applicable with respect to certain senior personnel of the executive branch and independent agencies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hermosa Creek Watershed Protection Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) the ecological health and integrity of the Hermosa Creek Watershed and the economic health of the surrounding communities that rely on the Watershed are connected; (2) the Watershed-- (A) is the only area in the State that is not a unit of National Wilderness Preservation System to achieve a designation of outstanding waters by the State; (B) provides a crucial source of clean drinking water for the residents of the Animas River Valley and the city of Durango, Colorado; and (C) provides high quality agricultural water supplies from Hermosa Creek and the Animas River; (3) the Watershed helps ensure the economic prosperity of local communities in the area that depend on the Watershed for water supplies, recreation, hunting, fishing, hiking, biking, camping, skiing and related winter activities, off-road vehicle travel for the conduct of scientific activities, scientific research, mineral extraction, and sustainable natural resource development; (4) the world-class Hermosa Creek trail network contains outstanding single track mountain bike riding, backcountry hiking, equestrian riding, and motorcycle riding; (5) the Watershed provides visitors the opportunity to enjoy the tremendous scenic, natural, cultural, and recreational resources of the area; (6) ecologically sustainable grazing has been conducted in a manner that has preserved the high quality of the Watershed; (7) the native Colorado River cutthroat trout fishery located in the Watershed-- (A) is one of the most important fisheries in the State; (B) is crucial for the long-term survival of the cutthroat trout; and (C) provides an opportunity for anglers to have a catch and release fishery for the cutthroat trout; (8) the work of the State Division of Wildlife to enhance the fishery referred to in paragraph (7) has been a tremendous success and a great example of cooperative conservation efforts to recover an imperiled species of fish; (9) the Watershed-- (A) provides some of the best backcountry elk habitat in the State; and (B) supports outstanding hunting opportunities; (10) the large areas of undisturbed forest in the Watershed (including some of the best stands of old growth ponderosa pine in the State) provide excellent wildlife habitat and excellent opportunities for solitude and backcountry recreation; and (11) designation of the Hermosa Creek Wilderness Area, Watershed Protection Area, and Special Management Area would protect those areas in perpetuity for the benefit of the people of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``Map'' means the map entitled ``Hermosa Creek Proposed Watershed Protection Area, 2012'' and dated March 28, 2012. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) Special management area.--The term ``Special Management Area'' means the Hermosa Creek Special Management Area designated by section 5(a). (4) State.--The term ``State'' means the State of Colorado. (5) Watershed protection area.--The term ``Watershed Protection Area'' means the Hermosa Creek Watershed Protection Area designated by section 4(a). SEC. 4. DESIGNATION OF HERMOSA CREEK WATERSHED PROTECTION AREA. (a) Designation.--Certain Federal land in the San Juan National Forest comprising approximately 107,886 acres, as generally depicted on the Map, is designated as the ``Hermosa Creek Watershed Protection Area''. (b) Purposes.--The purposes of the Watershed Protection Area are-- (1) to maintain the cultural, economic, and ecological health of the Hermosa Creek Watershed and the surrounding communities that rely on the Watershed; (2) to protect the purity of water that comes from the Hermosa Creek Watershed and supplies residents of the Animas River Valley and the city of Durango, Colorado, with clean drinking water; (3) to protect the purity of, and water supply from, the Hermosa Creek Watershed for agricultural purposes, including irrigation and stockwater uses; (4) to enhance the economic prosperity of local communities in the area who depend on the area for water, recreation, and sustainable natural resource uses; (5) to protect and provide visitors the opportunity to enjoy the recreational, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, educational, and scenic resources of the Watershed; (6) to provide world class opportunities for skiing, biking, hiking, fishing, hunting, horseback riding, snowmobiling, motorcycle riding, snowshoeing, and camping; (7) to provide for economic and natural resource development (including sustainable grazing, vegetation management, beneficial uses of water, and mineral extraction) in a manner consistent with protecting the overall integrity of the Watershed; (8) to protect the native Colorado River cutthroat trout fishery located in the Watershed; (9) to designate the Hermosa Creek Wilderness Area and the Special Management Area; and (10) to conserve, protect, and manage for a healthy Hermosa Creek Watershed for the long-term ecological integrity of the Watershed and the long-term economic health of surrounding communities by allowing sustainable economic development and traditional natural resource development in a matter consistent with the purposes described in paragraphs (1) through (9). SEC. 5. DESIGNATION OF HERMOSA CREEK SPECIAL MANAGEMENT AREA. (a) Designation.--Subject to valid existing rights, certain Federal land in the San Juan National Forest comprising approximately 68,289 acres, as generally depicted on the Map, is designated as the ``Hermosa Creek Special Management Area''. (b) Purpose.--The purpose of the Special Management Area is to conserve and protect for the benefit of present and future generations the watershed, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, educational, and scenic resources and values of the Special Management Area. (c) Administration.-- (1) In general.--The Secretary shall administer the Special Management Area-- (A) in a manner that-- (i) conserves, protects, and enhances the resources and values of the Special Management Area described in subsection (b); and (ii) protects a viable population of Colorado River Cutthroat Trout; and (B) in accordance with-- (i) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); (ii) this Act; and (iii) any other applicable laws. (2) Uses.-- (A) In general.--The Secretary shall allow only such uses of the Special Management Area that the Secretary determines would further the purposes described in subsection (b). (B) Motorized vehicles.-- (i) In general.--Except as provided in clause (ii) and as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Special Management Area shall be permitted only on roads and trails designated for use by such vehicles by the Secretary. (ii) Over-snow vehicles.--The Secretary may authorize the use of snowmobiles and other over-snow vehicles within the Special Management Area-- (I) during periods of adequate snow cover during the winter season; and (II) subject to such terms and conditions as the Secretary may require. (C) Grazing.--The Secretary shall permit grazing within the Special Management Area, where established before the date of enactment of this Act-- (i) subject to all applicable laws (including regulations) and Executive orders; and (ii) consistent with the purpose described in subsection (b). (D) Prohibited activities.--Within the area of the Special Management Area identified on the Map as ``East Hermosa Area'' the following activities shall be prohibited: (i) New road construction or the renovation of existing nonsystem roads, except as necessary to protect public health and safety. (ii) Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted for ecological restoration or to further the purposes described in this Act). (d) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and a legal description of the Special Management Area. (2) Force of law.--The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Public availability.--The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (e) Incorporation of Acquired Land and Interests in Land.--Any land or interest in land that is acquired by the United States within the boundary of the Special Management Area shall-- (1) become part of the Special Management Area; (2) be withdrawn in accordance with subsection (h); and (3) be managed in accordance with-- (A) this Act; and (B) any other applicable laws. (f) Fish and Wildlife.--Nothing in this Act affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (g) State and Federal Water Management.--Nothing in this section affects the potential development of a water storage reservoir at the site in the Special Management Area that is identified in-- (1) pages 17 through 20 of the Statewide Water Supply Initiative studies prepared by the Colorado Water Conservation Board and issued by the State in November 2004; and (2) page 27 of the Colorado Dam Site Inventory prepared by the Colorado Water Conservation Board and dated August 1996. (h) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the Federal land within the Special Management Area is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (i) Adjacent Management.-- (1) In general.--Congress does not intend for the designation of the Special Management Area by subsection (a) or the wilderness designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by section 6(a)) to create a protective perimeter or buffer zone around the Special Management Area or wilderness. (2) Nonwilderness activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within the wilderness designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by section 6(a)) shall not preclude the conduct of the activities or uses outside the boundary of the wilderness. (j) Winter Skiing and Related Winter Activities.--Nothing in this Act alters or limits-- (1) a permit held by a ski area; (2) the implementation of the activities governed by a ski area permit; or (3) the authority of the Secretary to modify or expand an existing ski area permit. (k) Vegetation Management.--Nothing in this section prevents the Secretary from conducting vegetation management projects within the Special Management Area-- (1) subject to-- (A) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (B) all applicable laws (including regulations); and (2) in a manner consistent with-- (A) the purposes described in subsection (b); and (B) this section. (l) Wildfire, Insect, and Disease Management.--Consistent with this section, the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases in the Special Management Area, including, as the Secretary determines to be appropriate, the coordination of the measures with the State or a local agency. (m) Management Plan.--Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection and management of the Special Management Area that takes into account public input. SEC. 6. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Designation of Wilderness.--Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) is amended by adding at the end the following: ``(22) Certain land within the San Juan National Forest which comprise approximately 37,236 acres, as generally depicted on the map entitled `Hermosa Creek Proposed Watershed Protection Area, 2012' and dated March 28, 2012, and which shall be known as the `Hermosa Creek Wilderness'.''. (b) Effective Date.--Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering the wilderness area designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103- 77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by subsection (a)). (c) Fire, Insects, and Diseases.--As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness areas designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by subsection (a)), the Secretary may take any measure that the Secretary determines to be necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate. SEC. 7. PERINS PEAK AND ANIMAS CITY MOUNTAIN MINERAL WITHDRAWAL. (a) Withdrawal.--Subject to valid existing rights, the land and mineral interests described in subsection (b) are withdrawn from all forms of-- (1) entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral leasing, geothermal leasing, or mineral materials. (b) Description of Land and Mineral Interests.--The land and mineral interests referred to in subsection (a) are-- (1) the approximately 8,549 acres of Federal land depicted on the map entitled ``Perins Peak and Animas City Mountain mineral withdrawal'' and dated May 3, 2012; and (2) all Federal mineral interests contained within the boundaries of the map described in paragraph (1).", "summary": "Hermosa Creek Watershed Protection Act of 2012 - Designates specified federal lands in San Juan National Forest as: (1) the Hermosa Creek Watershed and Protection Area, and (2) the Hermosa Creek Special Management Area. Designates specified land within the Protection Area as the Hermosa Creek Wilderness."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Development Program Implementation Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) title V of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261 et seq.) requires the United States to work with developing countries in assessing and finding ways to meet their energy needs through alternatives to nuclear energy that are consistent with economic factors, material resources, and environmental protection; and (2) in December 2008, the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism noted that the Federal Government had failed to implement title V of that Act and recommended that the Federal Government implement title V of that Act to help reduce the risk of nuclear proliferation. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate; and (B) the Committee on Oversight and Government Reform, the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives. (2) Energy development program.--The term ``energy development program'' means the program established under title V of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy, in cooperation with the Secretary of State and the Administrator of the United States Agency for International Development. SEC. 4. ENERGY DEVELOPMENT PROGRAM IMPLEMENTATION. (a) Strategic and Implementation Plans.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall develop-- (A) strategic plans for the energy development program consistent with title V of the Nuclear Non- Proliferation Act of 1978 (22 U.S.C. 3261 et seq.); and (B) implementation plans for the energy development program consistent with title V of that Act. (2) Review of plans.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit the strategic and implementation plans to the appropriate congressional committees for review. (b) Implementation.--Not later than 180 days after the date on which the plans are submitted to the appropriate congressional committees for review under subsection (a), the Secretary shall implement the plans. (c) Allowances, Privileges, and Other Benefits.-- (1) In general.--A Federal employee serving in an exchange capacity in the energy development program shall be considered to be detailed. (2) Employing agency.--For the purpose of preserving allowance, privileges, rights, seniority, and other benefits with respect to the Federal employee, the employee shall be-- (A) considered an employee of the original employing agency; and (B) entitled to the pay, allowances, and benefits from funds available to the original employing agency. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for fiscal year 2010 and each fiscal year thereafter. SEC. 5. REPORTS. (a) Annual Report.--Not later than 1 year after the date of implementation of the plans under section 4(b) and every year thereafter, the Secretary shall report annually to the appropriate congressional committees on the plans consistent with section 501 of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261). (b) Report on the Alternative Energy Corps.-- (1) Cooperative activities.--Not later than 1 year after the date of implementation of the plans under section 4(b), the Secretary shall report to the appropriate congressional committees on the feasibility of expanding the cooperative activities established pursuant to section 502(c) of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3262) into an international cooperative effort. (2) Requirements.--The report required under paragraph (1) shall include an analysis and description of-- (A) an Alternative Energy Corps that is designed to encourage large numbers of technically trained volunteers to live and work in developing countries for varying periods of time for the purpose of engaging in projects to aid in meeting the energy needs of those countries through-- (i) the search for and use of non-nuclear indigenous energy resources; and (ii) the application of suitable technology, including the widespread use of renewable and unconventional energy technologies; and (B) other mechanisms that are available to coordinate an international effort to develop, demonstrate, and encourage the use of suitable technologies in developing countries.", "summary": "Directs the Secretary of Energy to develop and implement strategic plans for the energy development program consistent with title V (United States Assistance to Developing Countries) of the Nuclear Nonproliferation Act of 1978. Requires the Secretary to report to Congress respecting: (1) such plans; and (2) expanding specified cooperative activities into an international cooperative effort which shall include an analysis of an Alternative Energy Corps to encourage technically trained volunteers to live and work in developing countries."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``High School Data Transparency Act of 2011''. SEC. 2. DISCLOSURE OF STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS. Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: ``SEC. 9537. DISCLOSURE OF STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS. ``(a) In General.--The Secretary shall collect, annually, for the immediately preceding academic year, from each coeducational secondary school that receives Federal financial assistance that has an interscholastic athletic program, the following information: ``(1) The total number of male and female students that attended the school, fully disaggregated and cross-tabulated by gender and race or ethnicity. ``(2) A listing of the teams that competed in athletic competition and for each such team the following data: ``(A) The season in which the team competed. ``(B) The total number of male and female participants as of the day of the first scheduled contest for the team, fully disaggregated and cross- tabulated by gender and race or ethnicity. ``(C) The total expenditures for the team, including the following data: ``(i) The travel expenditures. ``(ii) The equipment expenditures (including any equipment replacement schedule). ``(iii) The uniform expenditures (including any uniform replacement schedule). ``(iv) The expenditures for facilities, including medical facilities, locker rooms, fields, and gymnasiums. ``(v) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person's-- ``(I) gender; and ``(II) employment status (including whether such person is assigned to the team full-time or part-time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services. ``(vi) The expenditures for publicity for competitions. ``(D) The total number of coaches, and for each coach an identification of such coach's-- ``(i) gender; and ``(ii) employment status (including whether such coach is assigned to the team full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching. ``(E) The total number of competitive events (in regular and nontraditional seasons) scheduled, and for each an indication of what day of the week and time the competitive event was scheduled. ``(F) Whether such team participated in postseason competition, and the success of such team in any postseason competition. ``(b) Disclosure of Information to Students and Public.--A coeducational secondary school described in subsection (a) shall-- ``(1) make available to students and potential students, upon request, and to the public, the information contained in reports by the school under this section by October 15 for the previous school year; and ``(2) ensure that all students at the school are informed of their right to request such information. ``(c) Submission; Information Availability.--On an annual basis, each coeducational secondary school described in subsection (a) shall provide the information contained in each report by the school under this section to the Secretary not later than 15 days after the date that the school makes such information available under subsection (b). ``(d) Duties of the Secretary.--The Secretary shall-- ``(1) ensure that reports under this section are posted on the Department of Education's Web site within a reasonable period of time; and ``(2) not later than 180 days after the date of enactment of the High School Data Transparency Act of 2011-- ``(A) notify all secondary schools in all States regarding the availability of information under subsection (b); and ``(B) issue guidance to all schools on how to collect and report the information required under this section.''.", "summary": "High School Data Transparency Act of 2011 - Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to collect the following information annually from each coeducational secondary school that receives federal financial assistance and that has an interscholastic athletic program: (1) the number, gender, and race or ethnicity of students that attended the school; and (2) for each team that competed in athletic competition, the number, gender, and race or ethnicity of participants, the total expenditures, the number, gender, and employment status of trainers, medical personnel, and coaches, the number of competitions, and postseason record. Requires such schools to: (1) make such information available to students and potential students, upon request, and to the public by October 15 of each school year; (2) ensure that all students at the school are informed of their right to request such information; and (3) annually provide such information to the Secretary. Directs the Secretary to: (1) ensure that such information is posted on the Department of Education's website, (2) notify all secondary schools regarding the availability of the information, and (3) issue guidance on how to collect and report the information required under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Equipment Safety and Responsibility Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Promoting safety on United States highways is a national priority. The Secretary of Transportation has promulgated the Federal Motor Carrier Safety Regulations to further this purpose. The systematic maintenance, repair, and inspection of equipment traveling on public highways in interstate commerce are an integral part of this safety regime. (2) Intermodal transportation plays a significant role in expanding the United States economy, which depends heavily upon the ability to transport goods by various modes of transportation. (3) Although motor carriers and their drivers often receive trailers, chassis, containers, and other items of intermodal equipment to be transported in interstate commerce, they do not possess the requisite level of control or authority over this intermodal equipment to perform the systematic maintenance, repair, and inspection necessary to ensure compliance with the applicable Federal Motor Carrier Safety Regulations and to ensure the safety of United States highways. (4) As a result of roadside inspections, motor carriers and their drivers are cited and fined for violations of the Federal Motor Carrier Safety Regulations attributable to intermodal equipment that they do not have the opportunity to systematically maintain. These violations negatively affect the safety records of motor carriers. SEC. 3. PURPOSE. The purpose of this Act is to ensure that only those parties that control intermodal equipment transported on public highways in the United States (and thus have the opportunity and authority to systematically maintain, repair, and inspect the intermodal equipment) have legal responsibility for the safety of that equipment as it travels in interstate commerce. SEC. 4. DEFINITIONS. Section 5901 of title 49, United States Code, is amended by adding at the end the following new paragraphs: ``(9) `motor carrier' includes-- ``(A) a motor private carrier, as defined in section 13102 of this title; and ``(B) an agent of a motor carrier. ``(10) `intermodal equipment'-- ``(A) means equipment that is commonly used in the intermodal transportation of freight over public highways as an instrumentality of foreign or interstate commerce; and ``(B) includes a trailer, chassis, container, and any device associated with a trailer, chassis, or container. ``(11) `equipment interchange agreement', with respect to intermodal equipment, means a written document that-- ``(A) is executed by a controller of the equipment, or its agent, and a motor carrier; and ``(B) establishes the responsibilities and liabilities of both parties as they relate to the interchange of the equipment. ``(12) `controller', with respect to intermodal equipment, means any party that has any legal right, title, or interest in the equipment, except that a motor carrier-- ``(A) is not a controller of the equipment solely because it provides or arranges for any part of the intermodal transportation of the equipment; and ``(B) may not be considered a controller of the equipment if authority for systematic maintenance and repairs of the equipment has not been delegated to the motor carrier. ``(13) `interchange', with respect to intermodal equipment, means the act of providing the equipment to a motor carrier for the purpose of transporting the equipment for loading or unloading by any party or repositioning the equipment for the benefit of the equipment controller, except that such term does not mean the leasing of the equipment to a motor carrier for use in the motor carrier's over-the-road freight hauling operations. ``(14) `applicable safety regulations' means the regulations applicable to controllers of intermodal equipment under section 5909 of this title.''. SEC. 5. JURISDICTION OVER EQUIPMENT CONTROLLERS. Chapter 59 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 5909. Jurisdiction over equipment controller ``The authority of the Secretary of Transportation to prescribe regulations on commercial motor vehicle safety under section 31136 of this title shall apply to controllers of intermodal equipment that is interchanged or to be interchanged.''. SEC. 6. EQUIPMENT CONTROLLER RESPONSIBILITY. (a) In General.--Chapter 59 of title 49, United States Code, as amended by section 5, is further amended by adding at the end the following new section: ``Sec. 5910. Equipment inspection, repair, and maintenance ``(a) In General.--Notwithstanding any provision of an equipment interchange agreement, a controller of intermodal equipment that is interchanged or to be interchanged-- ``(1) shall be responsible and held liable for the systematic inspection, maintenance, and repair of the equipment; ``(2) shall, each time prior to offering a motor carrier the equipment for interchange, inspect the equipment and provide such maintenance on, and make such repairs to, the equipment to ensure that such equipment complies with all applicable safety regulations at all times; and ``(3) shall not offer intermodal equipment to a motor carrier unless such equipment has been inspected and repaired as necessary to comply with such regulations. ``(b) Reimbursement.-- ``(1) In general.--In the event that a repair of interchanged intermodal equipment is necessary while in a motor carrier's possession in order to comply with applicable safety regulations, the controller of the equipment shall promptly reimburse the motor carrier for the actual expenses that are incurred by the motor carrier for the necessary repair, together with compensation for any loss incurred by the motor carrier by reason of delay in the transportation of the equipment necessitated by the need for the repair. ``(2) Exception.--The controller of intermodal equipment shall not be liable to provide reimbursement or compensation for a repair to a motor carrier under paragraph (1) if the motor carrier's negligence or willful misconduct caused the condition requiring the repair. ``(c) Fines.--The Secretary may prescribe fines against controllers of intermodal equipment for violations of this section.''. SEC. 7. SAFETY COMPLIANCE. (a) In General.--Chapter 59 of title 49, United States Code, as amended by section 6, is further amended by adding at the end the following new section: ``Sec. 5911. Compliance with safety regulations ``(a) Liability of Equipment Controller.--Notwithstanding any provision of an equipment interchange agreement, the controller of intermodal equipment covered by such agreement shall be liable for each violation of applicable safety regulations that is attributable to such equipment and shall pay any fine, penalty, and damages resulting from such violation, except that the controller of such equipment shall not be liable for any such violations that is proximately caused by the negligence or willful misconduct of a motor carrier that is not the controller of such equipment. ``(b) Limitation on Liability of Motor Carrier.--A motor carrier who receives intermodal equipment through interchange may not be held liable for a violation of applicable safety regulations that is attributable to such equipment other than under the circumstances and to the extent provided in subsection (a). ``(c) Limitation on Effect.--No record or report of a violation of applicable safety regulations attributable to interchanged intermodal equipment, whether issued by a Federal, State, or local law enforcement authority, shall have any effect on a motor carrier's overall safety rating or safety status measurement system score, as determined by the Federal Motor Carrier Safety Administration, or on a driving record of a driver for the motor carrier unless such violation was proximately caused by the negligence or willful misconduct of the motor carrier or driver, respectively. ``(d) Procedure for Records Corrections.--The Secretary of Transportation shall prescribe an expedited procedure to correct records or reports of violations that under subsection (c) should not have been adversely affected by a violation of applicable safety regulations.''. (b) Time for Prescribing Records Correction Procedures.--The Secretary shall issue final regulations setting forth the expedited procedures required by section 5910(d) of title 49, United States Code, not later than 180 days after the date of enactment of this Act. SEC. 8. AUTHORITY TO INSPECT. Chapter 59 of title 49, United States Code, as amended by section 7, is further amended by adding at the end the following new section: ``Sec. 5912. Authority to inspect ``(a) Authority.--The Secretary of Transportation is authorized to enter any facility of a controller of intermodal equipment interchanged for use on a public highway in order to inspect the equipment to determine whether the equipment complies with the applicable regulations. ``(b) Inspection Program.--The Secretary shall establish and implement with appropriate staffing an inspection and audit program at facilities of controllers of intermodal equipment in order to make determinations under subsection (a). Inspection of equipment and maintenance records for such equipment at such facility shall take place not less frequently than once every 3 months. ``(c) Non-Complying Equipment.--Any intermodal equipment that is determined under this section as failing to comply with applicable safety regulations shall be placed out of service and may not be used on a public highway until the repairs necessary to bring such equipment into compliance have been completed. Repairs of equipment placed out of service shall be documented in the maintenance records for such equipment.''. SEC. 9. PROHIBITION ON RETALIATION. Chapter 59 of title 49, United States Code, as amended by section 8, is further amended by adding at the end the following new section: ``Sec. 5913. Penalties for retaliation ``(a) Retaliation Prohibited.--A controller of intermodal equipment may not take any action to threaten, coerce, discipline, discriminate, or otherwise retaliate against a motor carrier in response to a request made by the motor carrier for maintenance or repair of equipment intended for interchange in order to comply with the applicable safety regulations. ``(b) Failure To Timely Provide Safe Equipment Deemed To Be Retaliation.--Upon receiving a motor carrier's request for maintenance or repair of intermodal equipment to be picked up by the motor carrier in an interchange of equipment, the controller of intermodal equipment shall be considered to have retaliated against the motor carrier for the purposes of this section if the controller of intermodal equipment fails to provide the motor carrier with the equipment in a condition compliant with the applicable safety regulations within 60 minutes after the motor carrier arrives to pick up the equipment at the place where the equipment is to be picked up. ``(c) Penalty.--A controller of intermodal equipment that violates subsection (a) shall be liable to the United States Government for a civil penalty of up to $10,000 for each violation.''. SEC. 10. DELEGATION OF MAINTENANCE RESPONSIBILITY. Chapter 59 of title 49, United States Code, as amended by section 9, is further amended by adding at the end the following new section: ``Sec. 5914. Maintenance responsibility ``A controller of intermodal equipment may not delegate its responsibility to systematically maintain and repair equipment intended for interchange to a motor carrier or motor carrier agent in an equipment interchange agreement.''. SEC. 11. COMPATIBILITY OF STATE LAWS. (a) In General.--Chapter 59 of title 49, United States Code, as amended by section 10, is further amended by adding at the end the following new section: ``Sec. 5915. Compatibility of State laws ``(a) Preemption Generally.--Except as provided in subsection (b) or as otherwise authorized by Federal law, a law, regulation, order, or other requirement of a State or political subdivision of a State, or of a tribal organization, is preempted if compliance with such law, regulation, order, or other requirement would preclude compliance with a requirement imposed under this chapter. ``(b) Certain Rules not Preempted.--A law, regulation, order, or other requirement of a State or political subdivision of a State, or of a tribal organization, shall not be preempted under subsection (a) if such law, regulation, order, or other requirement is more stringent than, but otherwise compatible with, a requirement under this chapter. ``(c) Tribal Organization Defined.--In this section, the term `tribal organization' has the meaning given such term in section (4)(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).''. SEC. 12. REPEAL OF OBSOLETE PROVISION. Section 5907 of title 49, United States Code, is repealed. SEC. 13. CLERICAL AMENDMENTS. The table of sections at the beginning of such chapter is amended-- (1) by striking the item relating to section 5907; and (2) by adding at the end the following: ``5909. Jurisdiction over equipment controller. ``5910. Equipment inspection, repair, and maintenance. ``5911. Compliance with safety regulations. ``5912. Authority to inspect. ``5913. Penalties for retaliation. ``5914. Maintenance responsibility. ``5915. Compatibility of State laws.''. SEC. 14. IMPLEMENTING REGULATIONS. (a) Regulations.--The Secretary of Transportation, after notice and opportunity for comment, shall issue regulations implementing the provisions of this Act. The regulations shall be issued as part of the Federal Motor Carrier Safety Regulations of the Department of Transportation. The implementing regulations shall include-- (1) a requirement to identify controllers of intermodal equipment that is interchanged or intended for interchange in intermodal transportation; (2) a requirement to match such equipment readily to its controller through a unique identifying number; (3) a requirement to ensure that each controller of intermodal equipment maintains a system of maintenance and repair records for such equipment; (4) a requirement to evaluate the compliance of controllers of intermodal equipment with the applicable Federal Motor Carrier Safety Regulations; (5) a provision that prohibits controllers of intermodal equipment that fail to attain satisfactory compliance with such regulations from authorizing the placement of equipment on public highways; (6) a requirement for the Secretary to consider the effect that adequate maintenance facilities may have on safety condition of equipment; (7) a process by which motor carriers and agents of motor carriers may anonymously petition the Federal Motor Carrier Safety Administration to undertake an investigation of a noncompliant controller of intermodal equipment; (8) administrative procedures to resolve disputes arising under the regulations; and (9) the inspection and audit program required under section 5912(b) of title 49, United States Code, as added by section 8. (b) Time for Issuing Regulations.--The regulations required under subsection (a) shall be developed pursuant to a rulemaking proceeding initiated not later than 120 days after the date of the enactment of this Act and shall be issued not later than one year after such date of enactment. (c) Definitions.--For the purposes of this section, the definitions set forth in section 5901 of title 49, United States Code, as amended by section 4, shall apply. SEC. 15. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Federal Motor Carrier Safety Administration such sums as may be necessary for the establishment and implementation of the inspection program required under section 5912 of title 49, United States Code, as added by section 8. SEC. 16. EFFECTIVE DATE. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of this Act and the amendments made by such sections shall take effect 30 days after the date of the enactment of this Act.", "summary": "Intermodal Equipment Safety and Responsibility Act of 2003 - Subjects controllers of interchangeable intermodal equipment to commercial motor vehicle safety regulation and liability, including systematic inspection, maintenance, and repair requirements. Authorizes the Secretary of Transportation to conduct inspections. Prohibits a controller from retaliating against any motor carrier in response to a request for safety maintenance or repair of equipment intended for interchange, including failing to provide requested safe equipment in a timely fashion. Prohibits controller delegation of this maintenance responsibility. Directs the Secretary to issue implementing regulations as part of the Federal Motor Carrier Safety Regulations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Health Care for Severe Mental Illnesses Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) American families should have health insurance protection for the costs of treating severe mental illnesses that is commensurate with the protection provided for other illnesses; (2) currently, many private health insurance policies and public insurance programs discriminate against persons with severe mental illnesses by providing more restrictive coverage for treatments of those illnesses compared to coverage provided for treatments of other medical problems; (3) many health insurance plans limit the number of days allowed for facility care or limit the number of outpatient visits allowed for the treatment of severe mental illnesses while providing no limit for the treatment of other physical illnesses; (4) only 21 percent of all health insurance policies provide inpatient coverage for severe mental illnesses comparable to coverage for other illnesses, and only 2 percent have comparable outpatient coverage; (5) only 2 percent of Americans with private health care coverage have policies that adequately and fairly cover severe mental illnesses; (6) over 60 percent of health maintenance and preferred provider organizations specifically exclude treatment for those with severe mental illnesses; (7) private health insurance provides some type of coverage for 64 percent of all individuals with severe mental illness, but provides only 46 percent of the annual expenditures required for the treatment of severe mental illnesses; (8) health care reform plans designed to make health care more accessible and affordable often incorporate the policies that are discriminatory with respect to persons with severe mental illnesses which now exist in common private health insurance plans; (9) unequal health insurance coverage contributes to the destructive and unfair stigmatization of persons with severe mental illnesses, illnesses that are beyond the control of the individuals, just like cancer, diabetes, and other serious physical health problems; (10) schizophrenia strikes more than 2,500,000 Americans over the course of their lifetimes, and approximately 30 percent of all hospitalized psychiatric patients in the United States suffer from this most disabling group of mental disorders; (11) left untreated, severe mental illnesses are some of the most disabling and destructive illnesses afflicting Americans; (12) studies have found that up to 90 percent of all persons who commit suicide suffer from a treatable severe mental illness, such as schizophrenia, depression, or manic depressive illness; (13) some 10 percent of all inmates, or 100,000 people, in prisons and jails in the United States suffer from schizophrenia or manic-depressive psychosis; (14) severe mental illness places an individual at high risk for homelessness, as approximately one-third of the Nation's 600,000 homeless persons suffer from severe mental illnesses; (15) many persons suffering from severe mental illnesses can be treated effectively but ignorance and stigma continue to prevent many mentally ill individuals from obtaining help; (16) seventy to 80 percent of those suffering from depression respond quickly to treatment and 80 percent of the victims of schizophrenia can be relieved of acute symptoms with proper medication; (17) about 95 percent of what is known about both normal and abnormal structure and function of the brain has been learned in the last 10 years, but millions of severely mentally ill people have yet to benefit from these startling research advances in clinical and basic neuroscience; (18) ensuring adequate health insurance coverage for the treatment of severe mental illnesses can reduce health and societal costs by as much as $2,200,000,000 annually by preventing more costly interventions in the lives of persons with untreated severe mental illnesses and by helping those with severe mental illnesses, many of whom are young adults, remain productive members of society; and (19) legislation to reform the health care system should not condone or perpetuate discrimination against persons with severe mental illnesses. SEC. 3. STATEMENT OF POLICY. (a) In General.--It is the policy of the United States that-- (1) persons with severe mental illnesses must not be discriminated against in the health care system; and (2) health care coverage, whether provided through public or private health insurance or any other means of financing, must provide for the treatment of severe mental illnesses in a manner that is equitable and commensurate with that provided for other major physical illnesses. (b) Construction.--Subsection (a) shall not be construed to preclude the adoption of laws or policies requiring or providing for appropriate and equitable coverage for other mental health services. SEC. 4. NONDISCRIMINATORY AND EQUITABLE HEALTH CARE COVERAGE. With respect to persons with severe mental illnesses, to be considered nondiscriminatory and equitable under this Act, health care coverage shall cover services that are essential to the effective treatment of severe mental illnesses in a manner that-- (1) is not more restrictive than coverage provided for other major physical illnesses; (2) provides adequate financial protection to the person requiring the medical treatment for a severe mental illness; and (3) is consistent with effective and common methods of controlling health care costs for other major physical illnesses. SEC. 5. COMMITMENT TO POLICY. It is the purpose of this Act to commit the Congress and the Executive Branch to incorporating the policy set forth in section 3 through efforts, including the enactment of legislation, which are intended to improve access to or control the costs of health care. SEC. 6. DEFINITION. As used in this Act, the term ``severe mental illness'' means an illness that is defined through diagnosis, disability and duration, and includes disorders with psychotic symptoms such as schizophrenia, schizoaffective disorder, manic depressive disorder, autism, as well as severe forms of other disorders such as major depression, panic disorder, and obsessive compulsive disorder.", "summary": "Equitable Health Care for Severe Mental Illnesses Act of 1993 - Declares that it is the policy of the United States that: (1) persons with severe mental illnesses must not be discriminated against in health care; and (2) health care coverage, provided through any financing, must provide for the treatment of severe mental illnesses in a way that is equitable and commensurate with that provided for other major illnesses. Requires health care coverage, in order to be considered nondiscriminatory and equitable under this Act, to cover services that are essential to the effective treatment of severe mental illnesses in a manner that: (1) is not more restrictive than coverage provided for other major physical illnesses; (2) provides adequate financial protection to the person requiring the medical treatment for a severe mental illness; and (3) is consistent with effective and common methods of controlling health care costs for other major physical illnesses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Recapture Excess Profits and Invest in Roads (REPAIR) Act of 2008''. SEC. 2. TEMPORARY WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--TEMPORARY WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; etc. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any applicable taxpayer an excise tax in an amount equal to 25 percent of the windfall profit of such taxpayer for any taxable year beginning during 2008 or 2009. ``(b) Applicable Taxpayer.--For purposes of this chapter, the term `applicable taxpayer' means, with respect to operations in the United States-- ``(1) any integrated oil company (as defined in section 291(b)(4)), and ``(2) any other producer or refiner of crude oil with gross receipts from the sale of such crude oil or refined oil products for the taxable year exceeding $1,000,000,000. ``SEC. 5897. WINDFALL PROFIT; ETC. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the adjusted taxable income of the applicable taxpayer for the taxable year over the reasonably inflated average profit for such taxable year. ``(b) Adjusted Taxable Income.--For purposes of this chapter, with respect to any applicable taxpayer, the adjusted taxable income for any taxable year is equal to the taxable income for such taxable year (within the meaning of section 63 and determined without regard to this subsection)-- ``(1) increased by any interest expense deduction, charitable contribution deduction, and any net operating loss deduction carried forward from any prior taxable year, and ``(2) reduced by any interest income, dividend income, and net operating losses to the extent such losses exceed taxable income for the taxable year. In the case of any applicable taxpayer which is a foreign corporation, the adjusted taxable income shall be determined with respect to such income which is effectively connected with the conduct of a trade or business in the United States. ``(c) Reasonably Inflated Average Profit.--For purposes of this chapter, with respect to any applicable taxpayer, the reasonably inflated average profit for any taxable year is an amount equal to the average of the adjusted taxable income of such taxpayer for taxable years beginning during the 2003-2007 taxable year period (determined without regard to the taxable year with the highest adjusted taxable income in such period) plus 10 percent of such average. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Crude Oil.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(e) Businesses Under Common Control.--For purposes of this chapter, all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Temporary Windfall Profit on Crude Oil.''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Transfer of Proceeds to Highway Trust Fund.--Section 9503(b)(1) of the Internal Revenue Code of 1986 (relating to certain taxes) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) section 5896 (relating to windfall profit tax on crude oil).''. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning in 2008 and 2009. (2) Subsection (d).--The amendments made by subsection (d) shall take effect on the date of the enactment of this Act.", "summary": "Recapture Excess Profits and Invest in Road (REPAIR) Act of 2008 - Amends the Internal Revenue Code to impose in 2008 or 2009 an excise tax of 25% on the windfall profits of integrated oil companies and other producers and refiners of crude oil (crude oil condensates and natural gasoline) with gross receipts over $1 billion. Allows a tax deduction for the payment of the windfall profit tax imposed by this Act. Requires the transfer of windfall profit tax revenues to the Highway Trust Fund."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Efficiency Act''. SEC. 2. NATIONAL INTERMODAL TRANSPORTATION PLANNING TASK FORCE. (a) Establishment of Task Force.--The President shall create a National Intermodal Transportation Planning Task Force (referred to in this Act as ``Task Force'') with the Secretary of Transportation, or designee, acting as chairperson and compromised of representatives of the Departments of Commerce, Energy, Labor, and Housing and Urban Development, the Environmental Protection Agency and other government agencies the President considers necessary to conduct the study and complete the Plan required by this Act. (b) Duties of Task Force.--The Task Force shall-- (1) conduct a study on transportation needs, a draft of which shall be completed not later than 12 months after the date of enactment of this Act and the final study shall be completed not later than 15 months after the date of enactment of this Act; (2) sponsor a conference on National Transportation Planning not later than 6 months after the completion of the draft study; (3) make recommendations to the President for possible invitees to the conference on National Transportation Planning described in section 3; (4) use the study and the input of attendees of the conference under section 3 to draft a National Intermodal Transportation Plan (referred to in this Act as ``Plan'') not later than 24 months after the date of enactment of this Act and publish it in the Federal Register and place it on the Department's Web site for public comment; and (5) transmit to Congress, and place on the Department of Transportation's Web site, a National Intermodal Transportation Plan not later than 24 months after the date of enactment of this Act. SEC. 3. NATIONAL TRANSPORTATION STUDY. In developing the study established pursuant to section 1, the Task Force shall consider all aspects and all modes of transportation, public, private, and commercial, including air, rail (passenger and freight), road, port, waterway, bicycle, and pedestrian. The study shall project for the next 30 years and examine and identify for such period of time the following: (1) National transportation priorities. (2) The anticipated demand, steps currently being taken to address anticipated demand, how successful these steps are anticipated to be, the most advantageous allocation of shipments of goods and travel among the various capacities of various modes, connectivity of those modes, and comparative costs. Comparative costs shall take into account past public investments in currently existing infrastructure for each transportation mode. (3) Deficiencies in the current and currently planned transportation systems to meet current and anticipated demand and the appropriate level of redundancies. (4) How intermodal transportation planning may help address anticipated transportation demand, social impacts of transportation, and the impact of the transportation sector on the environment, particularly global warming. (5) What obstacles exist to enhance and improve intermodal transportation planning to meet national priorities so that the national Plan provides suggestions on policy and legislative recommendations to such obstacles. (6) Transportation purposes, systems operational requirements and capacities, comparative long-term costs, and revenue sources. (7) How different agencies and levels of government may be better incorporated and coordinated to improve transportation planning. (8) Obstacles to potential benefits from, and current efforts in mega-region planning at the national and regional level. SEC. 4. NATIONAL TRANSPORTATION PLANNING CONFERENCE. (a) In General.--The Task Force shall convene a National Transportation Priorities Conference (referred to in this Act as the ``Conference'') not later than 6 months after the completion of the draft National Transportation Study. (b) Conference Mission.--The mission of the Conference shall be-- (1) to review the draft of the study conducted pursuant to section 2 and comment on the draft's findings; (2) to discuss ways to improve transportation planning; (3) to suggest short-term and long-term goals to be incorporated into the Plan; (4) to examine and evaluate how environmental priorities and economic planning are integrated into transportation planning; (5) to identify obstacles to meeting those goals and suggestion measures to reduce or eliminate those obstacles; and (6) to perform other tasks that the Task Force considers helpful to complete the Study and the Plan. (c) Conference Representatives.--The Conference shall be comprised of representatives appointed by the President of the following: (1) State Departments of Transportation. (2) State legislatures. (3) Municipal leaders. (4) Metropolitan planning organizations. (5) Transportation nonprofit and advocacy groups. (6) Bike and pedestrian and other transportation safety organizations. (7) Transportation trade associations. (8) Small and large transportation companies. (9) Environmental organizations. (10) Labor unions. (11) Academia. (12) And other groups the Task Force considers helpful in achieving the conference's mission. SEC. 5. NATIONAL INTERMODAL TRANSPORTATION PLAN. (a) In General.--The Plan developed under this Act shall include all aspects and all modes of transportation, both public and private, including rail, aviation, waterways, roads, ports, bicycle, and pedestrian and shall include the following: (1) Summary of the findings of the study. (2) Short-term and long-term goals. (3) A description of how each short-term goal will lead to, or at least not preclude, achieving long-term goals. (4) Incremental steps and performance measures to achieve such goals. (5) What public and private resources will be required to implement the Plan. (6) Any recommended legislative changes that are necessary to meet national priorities and the short-term and long-term goals, including better intermodal transportation and mega- region planning. (7) An exploration of potential alternatives to what is proposed in the Plan. (b) Long-Term Goals.--The long-term goals in the Plan shall take into account the following: (1) Accessibility, including how best to reasonably ensure that the various parts of the country have access to the national transportation system (road, rail routes, air routes, and water routes), including how and when public subsidies or regulation may be needed. (2) Mobility, including the ease and expense of getting people and goods to their desired destination in order to meet economics and societal needs. (3) National security, including addressing moving people and goods by alternative routes and modes in the face of either a natural or man-made disaster or intentional act. (4) Economic prosperity, including addressing how a vibrant economy requires timely and cost-effective movement of goods and services and how various national transportation policies can positively and negatively effect local and regional economies. (5) Social equity, including addressing the fact that transportation decisions have different costs and benefits on differing segments of our society and how goals may be established to help minimize those differences and ensure that vulnerable segments of society do not pay a disproportionate percentage of the cost. (6) Evaluate the environmental protection, including addressing the fact that transportation issues will have varying impacts on the environment from its contribution to green house gasses and other emissions to short-term economic costs that may lead to a decision that is counter to a long- term environmental benefit. (7) Energy consumption, including addressing how to minimize overall transportation sector energy needs and utilizing cost-benefit analysis based upon full-cost accounting. SEC. 6. FUNDING AUTHORIZATION. There are authorized to be appropriated such sums as may be necessary to carry out this Act.", "summary": "Transportation Efficiency Act - Directs the President to create a National Intermodal Transportation Planning Task Force to: (1) study the nation's transportation needs and priorities for the next 30 years; (2) convene a conference on National Transportation Planning; and (3) draft a National Intermodal Transportation plan that includes short- and long-term goals for meeting those priorities and improving intermodal transportation planning for all modes of the national transportation system."}
{"article": "SECTION 1. SHORT TITLE. This Act shall be cited as the ``Bring Jobs Back to America: Strategic Manufacturing & Job Repatriation Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Repatriation.--The term ``repatriation'' means, with respect to a firm's job or facility, as the act of returning from a location in a foreign country to a location within the United States of America. (2) Comparative advantage.--The term ``comparative advantage'' means, with respect to a country's industrial base, an environment in which a country's private industry may produce a good at a lower opportunity cost than a competitor. (3) Technology-based planning.--The term ``technology-based planning'' means the process by which the Government may promote the acquisition and utilization of technology to excel at satisfying a customer need to generate a national competitive advantage. (4) Technology spatial mapping.--The term ``technology spatial mapping'' means identifying the full set of present and emerging technologies whose dimensions dictate how a technology may be acquired and utilized for a competitive advantage. SEC. 3. NATIONAL MANUFACTURING & REPATRIATION STRATEGY. (a) Requirement.--Not more than 180 days following enactment, the U.S. Secretary of Commerce shall create a comprehensive national manufacturing strategy designed to increase overall domestic production, create private sector jobs, and identify emerging technologies to strengthen American competitiveness and comparative advantages. The strategy shall also include: (1) An analysis of progress made since the release of the Secretary's 2004 report: ``Manufacturing in America: A Comprehensive Strategy to Address the Challenges to U.S. Manufacturers''. (2) Targets, established by the Secretary, for manufacturing sector growth, including a subset of targets for repatriated jobs to the United States, for fiscal years 2011, 2012, 2013, 2014, and 2015. (3) A survey of all existing Federal programs supporting manufacturing and recommendations on how the department or the Congress may better align such programs to support the strategy. (b) Requirement.--Not more than 180 days following enactment, and every second year thereafter, the Secretary shall conduct a survey of American firms: (1) The survey shall, at a minimum, identify-- (A) firms which maintain manufacturing, design or support service facilities outside of the United States; and (B) categories of products manufactured at such facilities and number of jobs located at such overseas facilities. (2) The survey shall provide that any American firms choosing not to complete the survey will be ineligible to receive Federal contracts or assistance. (3) The Secretary shall create and maintain a database based on the information provided in response to the annual survey of American firms. (4) The Secretary shall report to Congress on the results of the annual survey, including longitudinal trends in American manufacturing and the repatriation of jobs. (c) Authorizes such sums as necessary. SEC. 4. REPATRIATION TASK FORCES. (a) Requirement.--The U.S. Secretary of Commerce shall establish multiple ``Repatriation Task Forces'' to promote repatriation in accordance with the Secretary's established targets for job repatriation and manufacturing growth. The task forces shall: (1) Proactively and regularly identify American firms interested in repatriating production or services to the United States. (2) Identify the unique needs of the firm necessary to facilitate the repatriation. (3) Identify and assist State governments to facilitate a mutually beneficial repatriation of the firm's facility and/or jobs to the United States. (4) Work with any other Federal agencies on a case-by-case basis to provide technical assistance to the firm or the State necessary to facilitate the repatriation of the facility and/or jobs to the United States. (5) Serve as a resource to State governments and act as an impartial advocate for all States choosing to compete for a firm's facility as part of its repatriation. (6) Educate firms and States on the National Manufacturing and Repatriation Strategy, the Repatriation Task Forces, and all Federal assistance available to firms and State and county economic development agencies. (7) Develop a computer-based program to help firms understand the total cost of ownership of locating facilities inside the United States as compared to foreign countries. (b) Members.--Each task force shall be comprised of, at a minimum, representatives from the Office of the Secretary of Commerce, the Economic Development Administration, the International Trade Administration, the U.S. Patent and Trademark Office, National Institute of Standards and Technology, and Bureau of Industry and Security. (c) Authorizes such sums as necessary. SEC. 5. AMERICAN ECONOMIC SECURITY COMMISSION. (a) Establishment.--There is established a commission to be known as the ``American Economic Security Commission'' (hereinafter in this Act referred to as the ``Commission''). (b) Duties of Commission.-- (1) In general.--The Commission shall study and make recommendations on policy relating to American competitiveness, particularly in the manufacturing, information technology, energy, and biotechnology sectors of the global economy, as well as study ``technology-based planning'' policies to bolster American economic competitiveness. (2) Reports.--The Commission shall issue periodic reports on issues surrounding ``technology-based planning'', emerging technologies, and American economic competitiveness, specifically with regard to a new trade agreement and the enforcement of existing trade agreements, taxation, cybersecurity, the U.S. patent system, intellectual property laws and enforcement, vocational training, education, research and development programs, and infrastructure, and produce reports requested by Members of Congress or congressional committees. (3) Requirement.--The Commission shall oversee the development and operation of a computer-based, accurate, precise and detailed ``technology spatial mapping'' program. This tool will be used to catalogue, monitor, and anticipate emerging trends in technology to support the commission's reporting on developing American comparative advantages in a timely manner as new technology develops. (c) Membership.--The Commission shall be composed of 12 members, with the majority and minority leaders of the Senate, and the Speaker and the minority leader of the House each selecting three commissioners. The Commissioners shall serve two-year terms and may be reappointed twice. (d) Leadership of Commission.--The Commissioners shall elect a chairman and a vice-chairman every other year. The chair and vice-chair may not have been appointed by members of the same political party. (e) Director and Staff of Commission.-- (1) Director.-- (A) In general.--Subject to paragraph (3) and to the extent provided in advance in appropriation Acts, the Commission shall appoint and fix the pay of a director. (B) Duties.--The director of the Commission shall be responsible for the administration and coordination of the duties of the Commission and shall perform other such duties as the Commission may direct. (2) Staff.--In accordance with rules agreed upon by the Commission, subject to paragraph (3), and to the extent provided in advance in appropriation Acts, the director may appoint and fix the pay of additional personnel. (3) Applicability of certain civil service laws.--The director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that pay fixed under paragraph (1) may not exceed $150,000 per year and pay fixed under paragraph (2) may not exceed a rate equal to the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of their regular employment without interruption. (5) Experts and consultants.--In accordance with rules agreed upon by the Commission and to the extent provided in advance in appropriation Acts, the director may procure the services of experts and consultants under section 3109(b) of title 5, United States Code, but at rates not to exceed the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (f) Powers of Commission.-- (1) Hearings and evidence.--The Commission may, for the purpose of carrying out this Act, hold such hearings in addition to the town hall style public hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. (3) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (4) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (5) Contract authority.--To the extent provided in advance in appropriation Acts, the Commission may enter into contracts to enable the Commission to discharge its duties under this Act. (6) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (g) Authorizes such sums as necessary. SEC. 6. REPATRIATION TAX INCENTIVE STUDY. (a) Requirement.--The U.S. Secretary of Commerce shall, in conjunction with the Commissioner of the U.S. Internal Revenue Service study the impact and feasibility of a tax incentive to encourage firms to repatriate jobs and report back to Congress within 180 days of enactment. (b) The study shall: (1) Examine the merits of a tax incentive to encourage repatriation that would waive all Federal taxes on the return of offshore, untaxed profits to a ratio of domestic jobs created. (2) Consider a ratio of $1 billion in tax relief relative to 14,000 jobs repatriated or created in the United States, as well as other ratios the Secretary and Commissioner may determine. SEC. 7. AMENDS AUTHORIZED PROGRAMS FOR REPATRIATION PURPOSES. (a) Eligibility.--To amend title 42, United States Code, to include a definition of ``repatriation'' for purposes of public works, economic development planning and local government demonstration programs. (b) Eligibility.--To amend title 15, United States Code, subsection 7506 to include a definition of ``repatriation'' for purposes. SEC. 8. PATENT PROTECTION AND PRIORITIZATION. (a) Pre-Publication of Abstracts Only.--Section 122 of title 35, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) by striking ``each application for a patent'' and inserting ``and with respect to an application for a patent, the abstract included with such application''; and (II) by striking ``an application'' and inserting ``an abstract''; (ii) in subparagraph (B), by striking ``patent applications'' each place it appears and inserting ``abstracts included with patent applications''; and (iii) in subparagraph (C), by striking ``patent application'' each place it appears and inserting ``abstract included with a patent application''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``An application'' and inserting ``An abstract included with an application''; (ii) in subparagraph (B)-- (I) in clause (i), by striking ``the application'' and inserting ``the abstract included with the application''; and (II) in clause (iv), by striking ``the application'' and inserting ``the abstract included with the application''; and (iii) by striking clause (v); (2) by striking subsection (c); (3) by redesignating subsection (d) as subsection (c); and (4) in subsection (c), as so redesignated, by striking ``No application'' and inserting ``No abstract included with an application''. (b) Conforming Amendments.-- (1) Table of contents.--The table of contents for chapter 11 of part 2 of title 35, United States Code, is amended in the item relating to section 122 by inserting before ``patent applications'' the following: ``abstracts included with''. (2) Publications.--Section 10 of title 35, United States Code, is amended by striking ``published applications'' and inserting ``published abstracts included with applications''. (3) Abstract definition.--Section 100 of title 35, United States Code, is amended by adding at the end the following new subsection: ``(f) The term `abstract' shall have the meaning given such term, by regulation, by the Director.''. (4) Conditions for patentability.--Section 102(e) of title 35, United States Code, is amended to read as follows: ``(e) the invention was described in-- ``(1) a patent granted on an application for patent by another in an international application filed under the treaty defined in section 351(a); and ``(2) such application designated the United States and was published under article 21(2) of such treaty in the English language; or''. (5) Interferences.--Section 135(b) of title 35, United States Code, is amended to read as follows: ``(b) A claim which is the same as, or for the same or substantially the same subject matter as, a claim of an issued patent may not be made in any application unless such a claim is made prior to one year from the date on which the patent was granted.''. (6) Provisional rights.--Section 154(d)(1) of title 35, United States Code, is amended-- (A) by striking ``publication of the application for such patent under section 122(b), or in the case of''; and (B) by striking ``the date of publication of the application''. (7) Secrecy of certain inventions.--Section 181 of title 35, United States Code, is amended-- (A) by striking ``publication of an application'' each place it appears and inserting ``publication of an abstract included with an application''; and (B) by striking ``publication of the application'' each place it appears and inserting ``publication of the abstract included with the application''. (c) Prioritization for Higher Education Institutions.--Section 131 of title 35, United States Code, is amended-- (1) by striking ``The Director'' and inserting the following: ``(a) In General.--The Director''; and (2) by adding at the end the following new subsection: ``(b) Priority of Examination for Certain Applications.--The Director shall give priority to the examination of an application made by an applicant that is-- ``(1) an institution of higher education, as such term is defined under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); or ``(2) a patent holding company affiliated with such an institution.''. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall take effect upon enactment of this Act.", "summary": "Bring Jobs Back to America: Strategic Manufacturing & Job Repatriation Act - Directs the Secretary of Commerce to create a comprehensive national manufacturing strategy to increase overall domestic production, create private sector jobs, and identify emerging technologies to strengthen American competitiveness and comparative advantages. Requires the Secretary to: (1) identify U.S. firms maintaining facilities and jobs outside the United States; and (2) establish multiple Repatriation Task Forces to promote repatriation (return of a job or facility from a foreign country location to a U.S. location) in accordance with established targets for job repatriation and manufacturing growth. Establishes the American Economic Security Commission to study and report to Congress on policy relating to American competitiveness and technology-based planning to bolster it. Directs the Secretary, in conjunction with the Commissioner of Internal Revenue, to study and report to Congress on the impact and feasibility of a tax incentive to encourage firms to repatriate jobs back to the United States. Amends federal patent law to revise requirements regarding the publication of patent applications. Requires abstracts (short summaries of inventions) included with patent applications (instead of the patent applications themselves, as under current law) to be published 18 months after the earliest filing date of the application. Repeals certain requirements relating to: (1) submission of a redacted copy of an application; and (2) procedures to prevent protest and pre-issuance opposition to the grant of a patent. Requires the Director of the U.S. Patent and Trademark Office to give priority to the examination of a patent application by an institution of higher education or a patent holding company affiliated with such an institution."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Drought Policy Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States often suffers serious economic and environmental losses from severe regional droughts and there is no coordinated Federal strategy to respond to such emergencies; (2) at the Federal level, even though historically there have been frequent, significant droughts of national consequences, drought is addressed mainly through special legislation and ad hoc action rather than through a systematic and permanent process as occurs with other natural disasters; (3) several Federal agencies have a role in drought from predicting, forecasting, and monitoring of drought conditions to the provision of planning, technical, and financial assistance; (4) there has never been one single Federal agency in a lead or coordinating role with regard to drought; (5) the State, local, and tribal governments have had to deal individually and separately with each Federal agency involved in drought assistance; and (6) the President should appoint an advisory commission to provide advice and recommendations on the creation of an integrated, coordinated Federal policy designed to prepare for and respond to serious drought emergencies. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the National Drought Policy Commission (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 14 members. The members of the Commission shall include-- (A) the Secretary of Agriculture, or the designee of the Secretary, who shall serve as Chairperson of the Commission; (B) the Secretary of the Interior, or the designee of the Secretary; (C) the Secretary of the Army, or the designee of the Secretary; (D) the Secretary of Commerce, or the designee of the Secretary; (E) the Director of the Federal Emergency Management Agency, or the designee of the Director; (F) the Administrator of the Small Business Administration, or the designee of the Administrator; (G) two persons nominated by the National Governors' Association and appointed by the President, of whom-- (i) one shall be the governor of a State east of the Mississippi River; and (ii) one shall be a governor of a State west of the Mississippi River; (H) a person nominated by the National Association of Counties and appointed by the President; (I) a person nominated by the United States Conference of Mayors and appointed by the President; and (J) four persons appointed by the Secretary of Agriculture who shall be representative of groups acutely affected by drought emergencies, such as the agricultural production community, the credit community, rural water associations, and Native Americans. (2) Date.--The appointments of the members of the Commission shall be made no later than 60 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Vice Chairperson.--The Commission shall select a Vice Chairperson from among the members who are not Federal officers or employees. SEC. 4. DUTIES OF THE COMMISSION. (a) Study and Report.--The Commission shall conduct a thorough study and submit a report on national drought policy, as provided under subsection (c). (b) Content of Study and Report.--In conducting the study and report, the Commission shall-- (1) determine, in consultation with the National Drought Mitigation Center in Lincoln, Nebraska, what needs exist on the Federal, State, local, and tribal levels to prepare for and respond to drought emergencies; (2) review all existing Federal laws and programs relating to drought; (3) review those State, local, and tribal laws and programs relating to drought the Commission finds pertinent; (4) determine what differences exist between the needs of those affected by drought and the Federal laws and programs designed to mitigate the impacts of and respond to drought; (5) collaborate with the Western Drought Coordination Council in order to consider regional drought initiatives and the application of such initiatives at the national level; (6) make recommendations on how Federal drought laws and programs can be better integrated with ongoing State, local, and tribal programs into a comprehensive national policy to mitigate the impacts of and respond to drought emergencies without diminishing the rights of States to control water through State law; and (7) include a recommendation on whether all Federal drought preparation and response programs should be consolidated under one existing Federal agency and, if so, identify such agency. (c) Submission of Report.-- (1) In general.--No later than 18 months after the date of enactment of this Act, the Commission shall submit a report to the President and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (2) Approval of report.--Before submission of the report, the contents of the report shall be approved by unanimous consent or majority vote. If the report is approved by majority vote, members voting not to approve the contents shall be given the opportunity to submit dissenting views with the report. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall not be compensated for service on the Commission, except as provided under subsection (b). All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (d) Administrative Support.--The Secretary of Agriculture shall provide all financial, administrative, and staff support services for the Commission. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 4. Passed the Senate November 10, 1997. Attest: GARY SISCO, Secretary.", "summary": "National Drought Policy Act of 1997 - Establishes the National Drought Policy Commission to conduct a thorough study and submit a specified report on national drought policy to the President and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House together with its recommendations for such legislation and administrative actions as it considers appropriate. Terminates the Commission 90 days after the submission of such report."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Eye Trauma Treatment Act of 2007''. SEC. 2. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF MILITARY EYE INJURIES. (a) Establishment.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1105 the following new section: ``Sec. 1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries ``(a) In General.--The Secretary of Defense shall establish within the Department of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of military eye injuries to carry out the responsibilities specified in subsection (c). The center shall be known as a `Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries'. ``(b) Partnerships.--The Secretary shall ensure that the Center collaborates to the maximum extent practicable with the Secretary of Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (c). ``(c) Responsibilities.--(1) The Center shall-- ``(A) develop, implement, and oversee a registry of information for the tracking of the diagnosis, surgical intervention or other operative procedure, other treatment, and follow up for each case of significant eye injury incurred by a member of the armed forces while serving on active duty; ``(B) ensure the electronic exchange with the Secretary of Veterans Affairs of information obtained through tracking under subparagraph (A); and ``(C) enable the Secretary of Veterans Affairs to access the registry and add information pertaining to additional treatments or surgical procedures and eventual visual outcomes for veterans who were entered into the registry and subsequently received treatment through the Veterans Health Administration. ``(2) The registry under this subsection shall be known as the `Military Eye Injury Registry' (hereinafter referred to as the `Registry'). ``(3) The Center shall develop the Registry in consultation with the ophthalmological specialist personnel and optometric specialist personnel of the Department of Defense and the ophthalmological specialist personnel and optometric specialist personnel of the Department of Veterans Affairs. The mechanisms and procedures of the Registry shall reflect applicable expert research on military and other eye injuries. ``(4) The mechanisms of the Registry for tracking under paragraph (1)(A) shall ensure that each military medical treatment facility or other medical facility shall submit to the Center for inclusion in the Registry information on the diagnosis, surgical intervention or other operative procedure, other treatment, and follow up for each case of eye injury described in that paragraph as follows (to the extent applicable): ``(A) Not later than 30 days after surgery or other operative intervention, including a surgery or other operative intervention carried out as a result of a follow-up examination. ``(B) Not later than 180 days after the significant eye injury is reported or recorded in the medical record. ``(5)(A) The Center shall provide notice to the Blind Rehabilitation Service of the Department of Veterans Affairs and to the eye care services of the Veterans Health Administration on each member of the armed forces described in subparagraph (B) for purposes of ensuring the coordination of the provision of ongoing eye care and visual rehabilitation benefits and services by the Department of Veterans Affairs after the separation or release of such member from the armed forces. ``(B) A member of the armed forces described in this subparagraph is a member of the armed forces as follows: ``(i) A member with a significant eye injury incurred while serving on active duty, including a member with visual dysfunction related to traumatic brain injury. ``(ii) A member with an eye injury incurred while serving on active duty who has a visual acuity of 20/200 or less in the injured eye. ``(iii) A member with an eye injury incurred while serving on active duty who has a loss of peripheral vision resulting in twenty degrees or less of visual field in the injured eye. ``(d) Utilization of Registry Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly ensure that information in the Military Eye Injury Registry is available to appropriate ophthalmological and optometric personnel of the Department of Veterans Affairs for purposes of encouraging and facilitating the conduct of research, and the development of best practices and clinical education, on eye injuries incurred by members of the armed forces in combat.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1105 the following new item: ``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries.''. (b) Inclusion of Records of OIF/OEF Veterans.--The Secretary of Defense shall take appropriate actions to include in the Military Eye Injury Registry established under section 1105a of title 10, United States Code (as added by subsection (a)), such records of members of the Armed Forces who incurred an eye injury while serving on active duty on or after September 11, 2001, but before the establishment of the Registry, as the Secretary considers appropriate for purposes of the Registry. (c) Report on Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries under section 1105a of title 10, United States Code (as so added), including the progress made in establishing the Military Eye Injury Registry required under that section. (d) Traumatic Brain Injury Post Traumatic Visual Syndrome.--In carrying out the program at Walter Reed Army Medical Center, District of Columbia, on Traumatic Brain Injury Post Traumatic Visual Syndrome, the Secretary of Defense and the Department of Veterans Affairs shall jointly provide for the conduct of a cooperative program for members of the Armed Forces and veterans with Traumatic Brain Injury by military medical treatment facilities of the Department of Defense and medical centers of the Department of Veterans Affairs selected for purposes of this subsection for purposes of vision screening, diagnosis, rehabilitative management, and vision research, including research on prevention, on visual dysfunction related to Traumatic Brain Injury. (e) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for Defense Health Program, $5,000,000 for the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries under section 1105a of title 10, United States Code (as so added).", "summary": "Military Eye Trauma Treatment Act of 2007 - Directs the Secretary of Defense (Secretary) to establish within the Department of Defense (DOD) the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries to: (1) develop and oversee the Military Eye Injury Registry for tracking the diagnosis, treatment, and follow-up for each case of eye injury incurred by a member of the Armed Forces while on active duty; and (2) ensure the electronic exchange of Registry information with the Secretary of Veterans Affairs. Requires the Secretary to: (1) include in the Registry records of members who incurred eye injuries while on active duty on or after September 11, 2001, but before the Registry's establishment; and (2) report to Congress on the Center's establishment. Directs the Secretary and the Department of Veterans Affairs (VA) to conduct a cooperative study on neuro-optometric screening and diagnosis of members with traumatic brain injury (TBI) by military medical treatment facilities and VA medical centers for purposes of vision screening, diagnosis, rehabilitative management, and vision research on visual dysfunction related to TBI."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Combat Veterans Back to Work Act of 2011''. SEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING COMBAT VETERANS. (a) In General.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Exemption for Certain Individuals Hired in 2011 and 2012.-- ``(1) In general.--Subsection (a) shall not apply to wages paid by a qualified employer with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2012, of any qualified individual for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Qualified employer.--For purposes of this subsection-- ``(A) In general.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(B) Treatment of employees of post-secondary educational institutions.--Notwithstanding subparagraph (A), the term `qualified employer' includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965). ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after June 30, 2011, and before January 1, 2013, ``(B) is a current member of the National Guard or other reserve component of the Armed Forces or a veteran (as defined in section 101 of title 38, United States Code), ``(C) within 18 months before beginning such employment, returned from a deployment of at least 180 days in support of a contingency operation (as defined in section 101 of title 10, United States Code) or under section 502(f) of title 32, United States Code, ``(D) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(E) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (b) Coordination With Work Opportunity Credit.--Section 51(c) of such Code is amended by adding at the end the following new paragraph: ``(6) Coordination with payroll tax forgiveness.--The term `wages' shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(e)(3)) during the 1-year period beginning on the hiring date of such individual by a qualified employer (as defined in section 3111(e)) unless such qualified employer makes an election not to have section 3111(e) apply.''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Application to Railroad Retirement Taxes.-- (1) In general.--Section 3221 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Special Rate for Certain Individuals Hired in 2011 and 2012.-- ``(1) In general.--In the case of compensation paid by a qualified employer during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2012, with respect to having a qualified individual in the employer's employ for services rendered to such qualified employer, the applicable percentage under subsection (a) shall be equal to the rate of tax in effect under section 3111(b) for the calendar year. ``(2) Qualified employer.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after June 30, 2011, and before January 1, 2013, ``(B) is a current member of the National Guard or other reserve component of the Armed Forces or a veteran (as defined in section 101 of title 38, United States Code), ``(C) within 18 months before beginning such employment, returned from a deployment of at least 180 days in support of a contingency operation (as defined in section 101 of title 10, United States Code) or under section 502(f) of title 32, United States Code, ``(D) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(E) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (2) Transfers to social security equivalent benefit account.--There are hereby appropriated to the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Account had such amendments not been enacted. (e) Effective Date.-- (1) In general.--The amendments made by this section shall apply to wages paid after the date of the enactment of this Act. (2) Railroad retirement taxes.--The amendments made by subsection (d) shall apply to compensation paid after the date of the enactment of this Act. SEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED VETERANS. (a) In General.--In the case of any taxable year ending after the date of the enactment of this Act, the current year business credit determined under section 38(b) of the Internal Revenue Code of 1986 for such taxable year shall be increased by an amount equal to the product of-- (1) $1,000, and (2) the number of retained workers with respect to which subsection (b)(2) is first satisfied during such taxable year. (b) Retained Worker.--For purposes of this section, the term ``retained worker'' means any qualified individual (as defined in section 3111(e)(3) of the Internal Revenue Code of 1986)-- (1) who was employed by the taxpayer on any date during the taxable year, (2) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and (3) whose wages for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period. (c) Limitation on Carrybacks.--No portion of the unused business credit under section 38 of the Internal Revenue Code of 1986 for any taxable year which is attributable to the increase in the current year business credit under this section may be carried to a taxable year beginning before the date of the enactment of this section. (d) Treatment of Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of this section (other than this subsection). Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the application of this section (other than this subsection) if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession. (2) Coordination with credit allowed against united states income taxes.--No increase in the credit determined under section 38(b) of the Internal Revenue Code of 1986 against United States income taxes for any taxable year determined under subsection (a) shall be taken into account with respect to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of this section for such taxable year, or (B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection, the term ``possession of the United States'' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, rules similar to the rules of section 1001(b)(3)(C) of the American Recovery and Reinvestment Tax Act of 2009 shall apply.", "summary": "Combat Veterans Back to Work Act of 2011 - Amends the Internal Revenue Code to: (1) allow nongovernmental employers an exemption from, or reduction in, employment taxes for the period beginning after the enactment of this Act and ending on December 31, 2012, for wages paid to a qualified individual; and (2) allow an employer a business tax credit for each such worker retained by such employer who has been employed for not less than 52 consecutive weeks at a specified wage level. Defines a \"qualified individual\" as any individual who: (1) begins employment after June 30, 2011, and before January 1, 2013; (2) is a current member of the National Guard or a reserve component; (3) within 18 months before beginning such employment, returned from a deployment of at least 180 days in support of a contingency operation; and (4) has not been hired to replace another employee unless such other employee separated from employment voluntarily or for cause."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Trust Asset and Trust Fund Management and Reform Act of 2002''. SEC. 2. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM. (a) Definitions.--Section 2 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001) is amended-- (1) in paragraph (1), by striking ``(1) The term'' and inserting the following: ``(8) Special trustee.--The term''; (2) in paragraph (2), by striking ``(2) The term'' and inserting the following: ``(4) Indian tribe.--The term''; (3) in paragraph (3), by striking ``(3) The term'' and inserting the following: ``(7) Secretary.--The term''; (4) in paragraph (4), by striking ``(4) The term'' and inserting the following: ``(5) Office.--The term''; (5) in paragraph (5), by striking ``(5) The term'' and inserting the following: ``(1) Bureau.--The term''; (6) in paragraph (6), by striking ``(6) The term'' and inserting the following: ``(2) Department.--The term''; (7) by adding at the end the following: ``(3) Deputy secretary.--The term `Deputy Secretary' means the Deputy Secretary for Trust Management and Reform appointed under section 307(a)(2). ``(6) Reform office.--The term `Reform Office' means the Office of Trust Reform Implementation and Oversight established by section 307(e).''; (8) by moving paragraphs (1) through (8) (as redesignated by this subsection) so as to appear in numerical order; and (9) by adding at the end the following: ``(9) Trust assets.--The term `trust assets' means all tangible property including land, minerals, coal, oil and gas, forest resources, agricultural resources, water and water sources, and fish and wildlife held by the Secretary for the benefit of an Indian tribe or an individual member of an Indian tribe pursuant to Federal law. ``(10) Trust funds.--The term `trust funds' means all funds held by the Secretary for the benefit of an Indian tribe or and individual member of an Indian tribe pursuant to Federal law.''. (b) Deputy Secretary for Trust Management and Reform.--Title III of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4041 et seq.) is amended by adding at the end the following: ``SEC. 307. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM. ``(a) Establishment.-- ``(1) In general.--There is established within the Department the position of Deputy Secretary for Trust Management and Reform. ``(2) Appointment and removal.-- ``(A) Appointment.--The Deputy Secretary shall be appointed by the President, by and with the advice and consent of the Senate. ``(B) Term.--The Deputy Secretary shall be appointed for a term of 6 years. ``(C) Removal.--The Deputy Secretary may be removed only for good cause. ``(3) Administrative authority.--The Deputy Secretary shall report directly to the Secretary. ``(4) Compensation.--The Deputy Secretary shall be paid at a rate determined by the Secretary to be appropriate for the position, but not less than the rate of basic pay prescribed for Level II of the Executive Schedule under section 5313 of title 5, United States Code. ``(b) Duties.--The Deputy Secretary shall-- ``(1) oversee all trust fund and trust asset matters of the Department, including-- ``(A) administration and management of the Reform Office; and ``(B) financial and human resource matters of the Reform Office; and ``(2) engage in appropriate government-to-government relations and consultations with Indian tribes and individual trust asset and trust fund account holders on matters involving trust asset and trust fund management and reform within the Department. ``(c) Staff.--In carrying out this section, the Deputy Secretary may hire such staff having expertise in trust asset and trust fund management, financial organization and management, and tribal policy as the Deputy Secretary determines is necessary to carry out this section. ``(d) Effect on Duties of Other Officials.-- ``(1) In general.--Except as provided in paragraph (2), nothing in this section shall be construed to diminish any responsibility or duty of the Assistant Secretary of the Interior for Indian Affairs or the Special Trustee relating to any duty of the Assistant Secretary or Special Trustee established under this Act or any other provision of law. ``(2) Trust asset and trust fund management and reform.-- Notwithstanding any other provision of law, the Deputy Secretary shall have overall management and oversight authority on matters of the Department relating to trust asset and trust fund management and reform. ``(e) Office of Trust Reform Implementation and Oversight.-- ``(1) Establishment.--There is established within the Office of the Secretary the Office of Trust Reform Implementation and Oversight. ``(2) Reform office head.--The Reform Office shall be headed by the Deputy Secretary. ``(3) Duties.--The Reform Office shall-- ``(A) supervise and direct the day-to-day activities of the Assistant Secretary of the Interior for Indian Affairs, the Special Trustee, the Director of the Bureau of Land Management, and the Director of the Minerals Management Service, to the extent they administer or manage any Indian trust assets or funds; ``(B) administer, in accordance with title II, all trust properties, funds, and other assets held by the United States for the benefit of Indian tribes and individual members of Indian tribes; ``(C) require the development and maintenance of an accurate inventory of all trust funds and trust assets; ``(D) ensure the prompt posting of revenue derived from a trust fund or trust asset for the benefit of each Indian tribe (or individual member of each Indian tribe) that owns a beneficial interest in the trust fund or trust asset; ``(E) ensure that monthly statements of accounts are provided to all trust fund account holders; ``(F) ensure that all trust fund accounts are audited at least annually, and more frequently as determined to be necessary by the Deputy Secretary; ``(G) ensure that the Assistant Secretary of the Interior for Indian Affairs, the Special Trustee, the Director of the Bureau of Land Management, and the Director of the Minerals Management Service provide to the Secretary current and accurate information relating to the administration and management of trust funds and trust assets; ``(H) provide for regular consultation with trust fund account holders on the administration of trust funds and trust assets to ensure, to the maximum extent practicable in accordance with applicable law, the greatest return on those funds and assets for the trust fund account holders; and ``(I) enter into contracts and compacts under section 102 of the Indian Self-Determination Act (25 U.S.C. 450f) or section 403 of the Indian Self Determination and Education Assistance Act (25 U.S.C. 458cc) to provide for the management of trust assets and trust funds by Indian tribes pursuant to a Trust Fund and Trust Asset Management and Monitoring Plan developed under section 202 of this Act. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (c) Advisory Board.-- (1) In general.--Section 306 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4046) is amended to read as follows: ``SEC. 306. ADVISORY BOARD. ``(a) Establishment and Membership.--Notwithstanding any other provision of law, the Deputy Secretary described in section 307 shall establish an advisory board to provide advice on all matters within the jurisdiction of the Office of Trust Reform. The advisory board shall consist of 9 members, appointed by the Deputy Secretary after consultation with Indian tribes and appropriate Indian organizations, of which-- ``(1) 5 members shall represent trust fund account holders, including both tribal and Individual Indian Money accounts; ``(2) 2 members shall have practical experience in trust fund and financial management; ``(3) 1 member shall have practical experience in fiduciary investment management; and ``(4) 1 member, from academia, shall have knowledge of general management of large organizations. ``(b) Term.--Each member shall serve a term of 2 years. ``(c) FACA.--The advisory board shall not be subject to the Federal Advisory Committee Act.''. (2) Previous advisory board.--The advisory board authorized under section 306 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4046) as in effect on the day before the date of enactment of this Act shall terminate on the date of enactment of this Act. (d) Conforming Amendments.-- (1) Section 302 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4042) is amended-- (A) in the second sentence of subsection (a), by striking ``who shall'' and inserting ``who, except as provided in subsection (b)(3), shall''; and (B) in subsection (b), by adding at the end the following: ``(3) Trust fund management.--The Special Trustee shall report directly to the Deputy Secretary with respect to matters relating to trust fund management and reform.''. (2) Section 303 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4043) is amended-- (A) by striking subsection (a); (B) in subsection (b)(1), by striking ``The Special Trustee'' and inserting ``Except as provided in section 307(d), the Special Trustee''; (C) in subsection (c)(5)(A), by striking ``or which is charged with any responsibility under the comprehensive strategic plan prepared under subsection (a) of this section,''; (D) by striking subsection (f); and (E) by redesignating subsections (b) through (e) as subsections (a) through (d), respectively. SEC. 3. INDIAN PARTICIPATION IN TRUST FUND ACTIVITIES. Title II of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4021 et seq.) is amended-- (1) by striking sections 202 and 203; and (2) by inserting after section 201 the following: ``SEC. 202. PARTICIPATION IN TRUST FUND AND TRUST ASSET MANAGEMENT ACTIVITIES BY INDIAN TRIBES. ``(a) Planning Program.--To meet the purposes of this title, a 10- year Indian Trust Fund and Trust Asset Management and Monitoring Plan (in this section referred to as the `Plan') shall be developed and implemented as follows: ``(1) Pursuant to a self-determination contract or compact under section 102 of the Indian Self-Determination Act (25 U.S.C. 450f) or section 403 of the Indian Self Determination and Education Assistance Act (25 U.S.C. 458cc), an Indian tribe may develop or implement a Plan. Subject to the provisions of paragraphs (3) and (4), the tribe shall have broad discretion in designing and carrying out the planning process. ``(2) To include in a Plan particular trust funds or assets held by multiple individuals, an Indian tribe shall obtain the approval of a majority of the individuals who hold an interest in any such trust funds or assets. ``(3) The Plan shall be submitted to the Secretary for approval pursuant to the Indian Self-Determination Act (25 U.S.C. 450f et seq.). ``(4) If a tribe chooses not to develop or implement a Plan, the Secretary shall develop or implement, as appropriate, a Plan in close consultation with the affected tribe. ``(5) Whether developed directly by the tribe or by the Secretary, the Plan shall-- ``(A) determine the amount and source of funds held in trust; ``(B) identify and prepare an inventory of all trust assets; ``(C) identify specific tribal goals and objectives; ``(D) establish management objectives for the funds and assets held in trust; ``(E) define critical values of the Indian tribe and its members and provide identified management objectives; ``(F) identify actions to be taken to reach established objectives; ``(G) use existing survey documents, reports and other research from Federal agencies, tribal community colleges, and land grant universities; and ``(H) be completed within 3 years of the initiation of activity to establish the Plan. ``(b) Management and Administration.--Plans developed and approved under subsection (a) shall govern the management and administration of funds and assets held in trust by the Bureau and the Indian tribal government. ``(c) No Termination Requirement.--Indian tribes implementing an approved Plan shall not be required to terminate the trust relationship in order to implement such Plan. ``(d) Plan Does Not Terminate Trust.--Developing or implementing a Plan shall not be construed or deemed to constitute a termination of the trust status of the assets or funds that are included in, or subject to, the Plan. ``(e) Liability.--An Indian tribe managing and administering trust funds and trust assets in a manner that is consistent with a Plan shall not be liable for waste or loss of an asset or funds that are included in such Plan. ``(f) Indian Participation in Management Activities.-- ``(1) Tribal recognition.--The Secretary shall conduct all management activities of funds and assets held in trust in accordance with goals and objectives set forth in a Plan approved pursuant to and in accordance with all tribal laws and ordinances, except in specific instances where such compliance would be contrary to the trust responsibility of the United States. ``(2) Tribal laws.-- ``(A) In general.--Unless otherwise prohibited by Federal law, the Secretary shall comply with tribal law pertaining to the management of funds and assets held in trust. ``(B) Duties.--The Secretary shall-- ``(i) provide assistance in the enforcement of tribal laws described in subparagraph (A); ``(ii) provide notice of such tribal laws to persons or entities dealing with tribal funds and assets held in trust; and ``(iii) upon the request of an Indian tribe, require appropriate Federal officials to appear in tribal forums. ``(3) Waiver of regulations.--In any case in which a regulation or administrative policy of the Department of the Interior conflicts with the objectives of the Plan, or with a tribal law, the Secretary may waive the application of such regulation or administrative policy unless such waiver would constitute a violation of a Federal statute or judicial decision or would conflict with the Secretary's trust responsibility under Federal law. ``(4) Sovereign immunity.--This section does not constitute a waiver of the sovereign immunity of the United States, nor does it authorize tribal justice systems to review actions of the Secretary. ``(5) Trust responsibility.--Nothing in this section shall be construed to diminish or expand the trust responsibility of the United States toward Indian funds and assets held in trust, or any legal obligation or remedy resulting from such funds and assets. ``(g) Report.-- ``(1) In general.--Not later than 180 days after the enactment of this section, and annually thereafter, the Secretary shall submit a report to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives. ``(2) Contents.--The report required under paragraph (1) shall detail the following: ``(A) The efforts of the Department to implement this section. ``(B) The nature and extent of consultation between the Department, Tribes, and individual Indians with respect to implementation of this section. ``(C) Any recommendations of the Department for further changes to this Act, accompanied by a record of consultation with Tribes and individual Indians regarding such recommendations.''. SEC. 4. REGULATIONS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations to carry out the amendments made by this Act. (b) Active Participation.--All regulations promulgated in accordance with subsection (a) shall be developed with the full and active participation of Indian tribes that have trust funds and assets held by the Secretary.", "summary": "Indian Trust Asset and Trust Fund Management and Reform Act of 2002 - Amends the American Indian Trust Fund Management Reform Act of 1994 to create the position of Deputy Secretary for Trust Management and Reform within the Department of the Interior to oversee all Indian trust fund and trust asset matters and to consult with Indian tribes and individual trust asset and trust fund account holders. Directs the Deputy Secretary to establish an advisory board on matters within the jurisdiction of the Office of Trust Reform.Establishes within the office of the Secretary the Office of Trust Reform Implementation and Oversight, headed by such Deputy Secretary, to supervise and direct day-to-day activities concerning such assets or funds, including providing accurate inventories, revenue postings, monthly statements, and annual audits.Requires the development and implementation of a ten-year Indian Trust Fund and Trust Asset Management and Monitoring Plan by either an Indian tribe or the Secretary (in close consultation with the tribe). Requires the Plan to: (1) determine the amount and source of trust funds; (2) inventory trust assets; and (3) identify tribal and management objectives along with the actions necessary to achieve them. States that the trust relationship and an approved Plan can coexist.Requires the Secretary to manage funds and assets in accordance with such plan and tribal laws, unless compliance would be contrary to the trust responsibility or otherwise prohibited by Federal law. Requires the active participation of Indian tribes in the promulgation of regulations concerning such funds and assets."}
{"article": "SECTION 1. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Table of contents. Sec. 2. Securities and Exchange Commission Reserve Fund. TITLE I--TRID IMPROVEMENT Sec. 101. Amendments to mortgage disclosure requirements. TITLE II--PROTECTION OF SOURCE CODE Sec. 201. Procedure for obtaining certain intellectual property. TITLE III--FOSTERING INNOVATION Sec. 301. Temporary exemption for low-revenue issuers. TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY Sec. 401. Nationally traded securities exemption. TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS Sec. 501. Eliminating barriers to jobs for loan originators. Sec. 502. Amendment to civil liability of the Bureau and other officials. Sec. 503. Effective date. SEC. 2. SECURITIES AND EXCHANGE COMMISSION RESERVE FUND. Notwithstanding section 4(i)(2)(B)(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78d(i)(2)(B)(i)), the amount deposited in the Securities and Exchange Commission Reserve Fund for fiscal year 2018 may not exceed $48,000,000. TITLE I--TRID IMPROVEMENT SEC. 101. AMENDMENTS TO MORTGAGE DISCLOSURE REQUIREMENTS. Section 4(a) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603(a)) is amended-- (1) by striking ``itemize all charges'' and inserting ``itemize all actual charges''; (2) by striking ``and all charges imposed upon the seller in connection with the settlement and'' and inserting ``and the seller in connection with the settlement. Such forms''; and (3) by inserting after ``or both.'' the following new sentence: ``Charges for any title insurance premium disclosed on such forms shall be equal to the amount charged for each individual title insurance policy, subject to any discounts as required by State regulation or the title company rate filings.''. TITLE II--PROTECTION OF SOURCE CODE SEC. 201. PROCEDURE FOR OBTAINING CERTAIN INTELLECTUAL PROPERTY. (a) Persons Under Securities Act of 1933.--Section 8 of the Securities Act of 1933 (15 U.S.C. 77h) is amended by adding at the end the following: ``(g) Procedure for Obtaining Certain Intellectual Property.--The Commission is not authorized to compel under this title a person to produce or furnish algorithmic trading source code or similar intellectual property that forms the basis for design of the algorithmic trading source code, to the Commission unless the Commission first issues a subpoena.''. (b) Persons Under the Securities Exchange Act of 1934.--Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by adding at the end the following: ``(e) Procedure for Obtaining Certain Intellectual Property.--The Commission is not authorized to compel under this title a person to produce or furnish algorithmic trading source code or similar intellectual property that forms the basis for design of the algorithmic trading source code, to the Commission unless the Commission first issues a subpoena.''. (c) Investment Companies.--Section 31 of the Investment Company Act of 1940 (15 U.S.C. 80a-30) is amended by adding at the end the following: ``(e) Procedure for Obtaining Certain Intellectual Property.--The Commission is not authorized to compel under this title an investment company to produce or furnish algorithmic trading source code or similar intellectual property that forms the basis for design of the algorithmic trading source code, to the Commission unless the Commission first issues a subpoena.''. (d) Investment Advisers.--Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is amended-- (1) by adding at the end the following: ``(f) Procedure for Obtaining Certain Intellectual Property.--The Commission is not authorized to compel under this title an investment adviser to produce or furnish algorithmic trading source code or similar intellectual property that forms the basis for design of the algorithmic trading source code, to the Commission unless the Commission first issues a subpoena.''; and (2) in the second subsection (d), by striking ``(d)'' and inserting ``(e)''. TITLE III--FOSTERING INNOVATION SEC. 301. TEMPORARY EXEMPTION FOR LOW-REVENUE ISSUERS. Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding at the end the following: ``(d) Temporary Exemption for Low-Revenue Issuers.-- ``(1) Low-revenue exemption.--Subsection (b) shall not apply with respect to an audit report prepared for an issuer that-- ``(A) ceased to be an emerging growth company on the last day of the fiscal year of the issuer following the fifth anniversary of the date of the first sale of common equity securities of the issuer pursuant to an effective registration statement under the Securities Act of 1933; ``(B) had average annual gross revenues of less than $50,000,000 as of its most recently completed fiscal year; and ``(C) is not a large accelerated filer. ``(2) Expiration of temporary exemption.--An issuer ceases to be eligible for the exemption described under paragraph (1) at the earliest of-- ``(A) the last day of the fiscal year of the issuer following the tenth anniversary of the date of the first sale of common equity securities of the issuer pursuant to an effective registration statement under the Securities Act of 1933; ``(B) the last day of the fiscal year of the issuer during which the average annual gross revenues of the issuer exceed $50,000,000; or ``(C) the date on which the issuer becomes a large accelerated filer. ``(3) Definitions.--For purposes of this subsection: ``(A) Average annual gross revenues.--The term `average annual gross revenues' means the total gross revenues of an issuer over its most recently completed three fiscal years divided by three. ``(B) Emerging growth company.--The term `emerging growth company' has the meaning given such term under section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c). ``(C) Large accelerated filer.--The term `large accelerated filer' has the meaning given that term under section 240.12b-2 of title 17, Code of Federal Regulations, or any successor thereto.''. TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY SEC. 401. NATIONALLY TRADED SECURITIES EXEMPTION. Section 18(b)(1) of the Securities Act of 1933 (15 U.S.C. 77r(b)(1)) is amended-- (1) by striking subparagraph (A); (2) in subparagraph (B)-- (A) by inserting ``a security designated as qualified for trading in the national market system pursuant to section 11A(a)(2) of the Securities Exchange Act of 1934 that is'' before ``listed''; and (B) by striking ``that has listing standards that the Commission determines by rule (on its own initiative or on the basis of a petition) are substantially similar to the listing standards applicable to securities described in subparagraph (A)''; (3) in subparagraph (C), by striking ``or (B)''; and (4) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS SEC. 501. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS. (a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.) is amended by adding at the end the following: ``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS. ``(a) Temporary Authority To Originate Loans for Loan Originators Moving From a Depository Institution to a Non-Depository Institution.-- ``(1) In general.--Upon employment by a State-licensed mortgage company, an individual who is a registered loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the individual-- ``(A) has not had an application for a loan originator license denied, or had such a license revoked or suspended in any governmental jurisdiction; ``(B) has not been subject to or served with a cease and desist order in any governmental jurisdiction or as described in section 1514(c); ``(C) has not been convicted of a felony that would preclude licensure under the law of the application State; ``(D) has submitted an application to be a State- licensed loan originator in the application State; and ``(E) was registered in the Nationwide Mortgage Licensing System and Registry as a loan originator during the 12-month period preceding the date of submission of the information required under section 1505(a). ``(2) Period.--The period described in paragraph (1) shall begin on the date that the individual submits the information required under section 1505(a) and shall end on the earliest of-- ``(A) the date that the individual withdraws the application to be a State-licensed loan originator in the application State; ``(B) the date that the application State denies, or issues a notice of intent to deny, the application; ``(C) the date that the application State grants a State license; or ``(D) the date that is 120 days after the date on which the individual submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete. ``(b) Temporary Authority To Originate Loans for State-Licensed Loan Originators Moving Interstate.-- ``(1) In general.--A State-licensed loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the State-licensed loan originator-- ``(A) meets the requirements of subparagraphs (A), (B), (C), and (D) of subsection (a)(1); ``(B) is employed by a State-licensed mortgage company in the application State; and ``(C) was licensed in a State that is not the application State during the 30-day period preceding the date of submission of the information required under section 1505(a) in connection with the application submitted to the application State. ``(2) Period.--The period described in paragraph (1) shall begin on the date that the State-licensed loan originator submits the information required under section 1505(a) in connection with the application submitted to the application State and end on the earliest of-- ``(A) the date that the State-licensed loan originator withdraws the application to be a State- licensed loan originator in the application State; ``(B) the date that the application State denies, or issues a notice of intent to deny, the application; ``(C) the date that the application State grants a State license; or ``(D) the date that is 120 days after the date on which the State-licensed loan originator submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete. ``(c) Applicability.-- ``(1) Any person employing an individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State. ``(2) Any individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section and who engages in residential mortgage loan origination activities shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State. ``(d) Definitions.--In this section, the following definitions shall apply: ``(1) State-licensed mortgage company.--The term `State- licensed mortgage company' means an entity licensed or registered under the law of any State to engage in residential mortgage loan origination and processing activities. ``(2) Application state.--The term `application State' means a State in which a registered loan originator or a State- licensed loan originator seeks to be licensed.''. (b) Table of Contents Amendment.--The table of contents in section 1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501 note) is amended by inserting after the item relating to section 1517 the following: ``Sec. 1518. Employment transition of loan originators.''. SEC. 502. AMENDMENT TO CIVIL LIABILITY OF THE BUREAU AND OTHER OFFICIALS. Section 1513 of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5112) is amended by striking ``are loan originators or are applying for licensing or registration as loan originators.'' and inserting ``have applied, are applying, or are currently licensed or registered through the Nationwide Mortgage Licensing System and Registry. The previous sentence shall only apply to persons in an industry with respect to which persons were licensed or registered through the Nationwide Mortgage Licensing System and Registry on the date of the enactment of this sentence.''. SEC. 503. EFFECTIVE DATE. This title and the amendments made by this title shall take effect on the date that is 18 months after the date of the enactment of this Act. Passed the House of Representatives February 14, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "(Sec. 2) This bill specifies that the amount deposited in the Securities and Exchange Commission (SEC) Reserve Fund for FY2018 may not exceed $48 million. TITLE I--TRID IMPROVEMENT (Sec. 101) The bill amends the Real Estate Settlement Procedures of 1974 to modify disclosure requirements applicable to mortgage loan transactions. Specifically, the disclosed charges for any title insurance premium shall be equal to the amount charged for each individual title insurance policy, subject to any discounts as required by either state regulation or the title company rate filings. TITLE II--PROTECTION OF SOURCE CODE (Sec. 201) The bill amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to specify that the SEC may not compel a person to produce a source code or similar intellectual property without first issuing a subpoena. TITLE III--FOSTERING INNOVATION (Sec. 301) The bill amends the Sarbanes-Oxley Act of 2002 with respect to auditor-attestation requirements for public companies. These requirements shall not apply with respect to any audit report prepared for an issuer that: ceased to be an emerging growth company on the last day of its fiscal year following the fifth anniversary of its first sale of common equity securities, had average annual gross revenues of less than $50 million as of its most recently completed fiscal year, and is not a large accelerated filer. This exemption shall expire at the earliest of: (1) the last day of the fiscal year 10 years after the issuer's first sale of common equity securities, (2) the end of the fiscal year in which the issuer's average annual gross revenues exceed $50 million, or (3) when the issuer becomes a large accelerated filer. TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY (Sec. 401) The bill amends the Securities Act of 1933 to exempt from state registration securities qualified for national trading by the SEC and authorized to be listed on a national securities exchange. Currently, securities listed on exchanges specified by statute or rule are exempt. TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS (Sec. 501) The bill amends the S.A.F.E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1) from one state to another, or (2) from a depository institution to a non-depository institution. (Sec. 502) The bill revises the S.A.F.E. Mortgage Licensing Act's civil liability immunity provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``400 Years of African-American History Commission Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commemoration.--The term ``commemoration'' means the commemoration of the 400th anniversary of the arrival of Africans in the English colonies, at Point Comfort, Virginia, in 1619. (2) Commission.--The term ``Commission'' means the 400 Years of African-American History Commission established by section 3(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. ESTABLISHMENT. (a) In General.--There is established a commission, to be known as the ``400 Years of African-American History Commission''. (b) Membership.-- (1) Composition.--The Commission shall be composed of 15 members, of whom-- (A) 3 members shall be appointed by the Secretary, after considering the recommendations of Governors of States, including the Governor of Virginia; (B) 6 members shall be appointed by the Secretary, after considering the recommendations of civil rights organizations and historical organizations; (C) 1 member shall be an employee of the National Park Service having experience relating to the historical and cultural resources related to the commemoration, to be appointed by the Secretary; (D) 2 members shall be appointed by the Secretary, after considering the recommendations of the Secretary of the Smithsonian Institution; and (E) 3 members shall be individuals who have an interest in, support for, and expertise appropriate to the commemoration, to be appointed by the Secretary, after considering the recommendations of Members of Congress. (2) Time of appointment.--Each appointment of an initial member of the Commission shall be made before the expiration of the 120-day period beginning on the date of enactment of this Act. (3) Term; vacancies.-- (A) Term.--A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.-- (i) In general.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (ii) Partial term.--A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed. (C) Continuation of membership.--If a member of the Commission was appointed to the Commission as an employee of the National Park Service, and ceases to be an employee of the National Park Service, that member may continue to serve on the Commission for not longer than the 30-day period beginning on the date on which that member ceases to be an employee of the National Park Service. (c) Duties.--The Commission shall-- (1) plan, develop, and carry out programs and activities throughout the United States-- (A) appropriate for the commemoration; (B) to recognize and highlight the resilience and contributions of African-Americans since 1619; (C) to acknowledge the impact that slavery and laws that enforced racial discrimination had on the United States; and (D) to educate the public about-- (i) the arrival of Africans in the United States; and (ii) the contributions of African-Americans to the United States; (2) encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand understanding and appreciation of-- (A) the significance of the arrival of Africans in the United States; and (B) the contributions of African-Americans to the United States; (3) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration; (4) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of-- (A) the arrival of Africans in the United States; and (B) the contributions of African-Americans to the United States; (5) ensure that the commemoration provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs; and (6) help ensure that the observances of the commemoration are inclusive and appropriately recognize the experiences and heritage of all individuals present at the arrival of Africans in the United States. SEC. 4. COMMISSION MEETINGS. (a) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (b) Meetings.--The Commission shall meet-- (1) at least 3 times each year; or (2) at the call of the Chairperson or the majority of the members of the Commission. (c) Quorum.--A majority of the voting members shall constitute a quorum, but a lesser number may hold meetings. (d) Chairperson and Vice Chairperson.-- (1) Election.--The Commission shall elect the Chairperson and the Vice Chairperson of the Commission on an annual basis. (2) Absence of the chairperson.--The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson. (e) Voting.--The Commission shall act only on an affirmative vote of a majority of the members of the Commission. SEC. 5. COMMISSION POWERS. (a) Gifts.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money or other property for aiding or facilitating the work of the Commission. (b) Appointment of Advisory Committees.--The Commission may appoint such advisory committees as the Commission determines to be necessary to carry out this Act. (c) Authorization of Action.--The Commission may authorize any member or employee of the Commission to take any action that the Commission is authorized to take under this Act. (d) Procurement.-- (1) In general.--The Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this Act (except that a contract, lease, or other legal agreement made or entered into by the Commission shall not extend beyond the date of termination of the Commission). (2) Limitation.--The Commission may not purchase real property. (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (f) Grants and Technical Assistance.--The Commission may-- (1) provide grants in amounts not to exceed $20,000 per grant to communities and nonprofit organizations for use in developing programs to assist in the commemoration; (2) provide grants to research and scholarly organizations to research, publish, or distribute information relating to the arrival of Africans in the United States; and (3) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) In general.--Except as provided in paragraph (2), a member of the Commission shall serve without compensation. (2) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation other than the compensation received for the services of the member as an officer or employee of the Federal Government. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Director and Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), nominate an executive director to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (d) Compensation.-- (1) In general.--Except as provided in paragraph (2), the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (2) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (e) Detail of Government Employees.-- (1) Federal employees.-- (A) Detail.--At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (B) Civil service status.--The detail of an employee under subparagraph (A) shall be without interruption or loss of civil service status or privilege. (2) State employees.--The Commission may-- (A) accept the services of personnel detailed from the State; and (B) reimburse the State for services of detailed personnel. (f) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (g) Volunteer and Uncompensated Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use such voluntary and uncompensated services as the Commission determines to be necessary. (h) Support Services.-- (1) In general.--The Secretary shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (2) Reimbursement.--Any reimbursement under this paragraph shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed. (i) No Effect on Authority.--Nothing in this section supersedes the authority of the National Park Service with respect to the commemoration. SEC. 7. PLANS; REPORTS. (a) Strategic Plan.--The Commission shall prepare a strategic plan for the activities of the Commission carried out under this Act. (b) Final Report.--Not later than July 1, 2020, the Commission shall complete and submit to Congress a final report that contains-- (1) a summary of the activities of the Commission; (2) a final accounting of funds received and expended by the Commission; and (3) the findings and recommendations of the Commission. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission such sums as are necessary to carry out this Act. (b) Availability.--Amounts made available under subsection (a) shall remain available until July 1, 2020. SEC. 9. TERMINATION OF COMMISSION. (a) Date of Termination.--The Commission shall terminate on July 1, 2020. (b) Transfer of Documents and Materials.--Before the date of termination specified in subsection (a), the Commission shall transfer all documents and materials of the Commission to the National Archives or another appropriate Federal entity.", "summary": ". 400 Years of African-American History Commission Act (Sec. 3) This bill establishes the 400 Years of African-American History Commission to develop and carry out activities throughout the United States to commemorate the 400th anniversary of the arrival of Africans in the English colonies at Point Comfort, Virginia, in 1619. The commission must: plan programs to acknowledge the impact that slavery and laws that enforced racial discrimination had on the United States; encourage civic, patriotic, historical, educational, artistic, religious, and economic organizations to organize and participate in anniversary activities; assist states, localities, and nonprofit organizations to further the commemoration; and coordinate for the public scholarly research on the arrival of Africans in the United States and their contributions to this country. (Sec. 5) The commission may provide: (1) grants to communities and nonprofit organizations for the development of programs; (2) grants to research and scholarly organizations to research, publish, or distribute information relating to the arrival of Africans in the United States; and (3) technical assistance to states, localities, and nonprofit organizations to further the commemoration. (Sec. 7) The commission must prepare a strategic plan and submit a final report to Congress that contains a summary of its activities, an accounting of its received and expended funds, and its recommendations. (Sec. 9) The commission shall terminate on July 1, 2020."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventive Medicine and Public Health Training Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The American Board of Preventive medicine defines preventive medicine as ``that specialty of medical practice which focuses on the health of individuals and defined populations in order to protect, promote and maintain health and well-being and prevent disease, disability and premature death''. (2) Specialists in preventive medicines are uniquely trained in both clinical medicine and public health. They have the skills needed to understand and reduce the risks of disease, disability and death in individuals and in population groups. (3) Preventive medicine includes both clinical and non- clinical aspects. Clinicians see patients on a daily basis and provide services in screening, health counseling, and immunization to diabetics, cardiac patients, and others who can benefit from prevention and lifestyle modification. Non- clinical preventive medicine includes health policy, social and behavioral aspects of health and disease, epidemiology, or other areas in which populations, not individual patients, are the primary focus. Many preventive medicine physicians practice both clinical and non-clinical medicine. (4) Of the 24 medical specialities recognized by the American Board of Medical Specialties, preventive medicine is the only specialty that requires training in both clinical medicine and public health. (5) While preventive medicine doctors are employed in all health sectors, they often serve in lead roles within the public health force, working in State and local health departments, as well as Federal Government agencies, such as the Centers for Disease Control and Prevention and the National Institutes of Health. (6) In the workplace, preventive medicine doctors in occupational medicine parallel the general public health system in dealing with illnesses and injuries in workplace populations through worker protection, personal health promotion, hazard control, business continuity and effective medical management. (7) There is an extreme shortage of doctors in the public health field. For example, only 23 percent of local health agencies are directed by physicians and 8 percent are directed by physicians who have masters of public health degrees or are fellows in the American College of Preventive Medicine. (8) Many of these physicians are nearing retirement, and the average age of public health doctors today is 58 years. (9) The Health Resources and Services Administration reports that the demand for public health professionals will grow at twice the rate of all occupations between 2000 and 2010. (10) In addition, as the body of evidence supporting the effectiveness of clinical and population-based interventions to prevent and control diseases continues to expand, so does the need for specialists trained in preventive medicine. (11) The Health Resources and Services Administration reported that in 2000, there were 7,011 preventive medicine specialists. This was a decrease from 7,734 in 1970. (12) The number of preventive medicine residency programs has decreased from 90 in 1998-1999 to 76 programs today. Over this same period, the number of preventive medicine residents declined from 420 to 364. (13) In 2000, less than 3 percent of all medical school faculty also held masters degrees in public health. An even smaller number had completed preventive medicine training or were board certified in preventive medicine. (14) Preventive medicine trained physicians are an essential part of the public health workforce and are critical to the Nation's ability to protect its citizens from biological threats, including avian influenza and emerging threats from bioterrorism. SEC. 3. PREVENTIVE MEDICINE AND PUBLIC HEALTH TRAINING GRANT PROGRAM. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``Subpart XI--Preventive Medicine Training ``SEC. 340H. PREVENTIVE MEDICINE AND PUBLIC HEALTH TRAINING GRANT PROGRAM. ``(a) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to, or enter into contracts with, eligible entities to provide training to graduate medical residents in preventive medicine specialties. ``(b) Eligibility.--To be eligible to receive a grant or contract under subsection (a), an entity shall-- ``(1) be a school of public health, public health department, school of medicine or osteopathic medicine, public or private hospital, or public or private nonprofit entity; ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and ``(3) maintain and adhere to a letter of agreement with a local community health center (if available in the local area involved) that supports practicum training of preventive medicine residents, if practicable. ``(c) Use of Funds.--Amounts received under a grant or contract under this section shall be used to-- ``(1) plan, develop, and operate residency programs for preventive medicine or public health; ``(2) provide financial assistance, including tuition and stipends, to resident physicians (MD or DO) who plan to specialize in preventive medicine or public health; ``(3) defray the costs associated with the planning, development, and operation of preventive medicine or public health programs, including the development of curriculum to be used in such programs, and the costs of practicum experiences; and ``(4) provide for the improvement of academic administrative units. ``(d) Duration of Award.--A grant or contract under this section shall be for a term of not to exceed 5 years. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $43,000,000 for fiscal year 2010, and such sums as may be necessary for each succeeding fiscal year.''.", "summary": "Preventive Medicine and Public Health Training Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants to or enter into contracts with certain eligible entities to provide training to graduate medical residents in preventive medicine specialties. Requires grant funds to be used for: (1) residency programs for preventive medicine or public health; (2) financial assistance to resident physicians who plan to specialize in preventive medicine or public health; (3) preventive medicine or public health program costs, including curriculum development and practicum costs; and (4) the improvement of academic administrative units."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fracture Prevention and Osteoporosis Testing Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1997, Congress has recognized the importance of osteoporosis prevention by standardizing reimbursement under the Medicare program for bone mass measurement. (2) One decade later, osteoporosis remains underdiagnosed and untreated despite numerous Federal initiatives, including recommendations of the United States Preventive Services Task Force, the 2004 United States Surgeon General's Report on Bone Health and Osteoporosis, and inclusion of bone mass measurement in the Welcome to Medicare exam. (3) Even though osteoporosis is a highly manageable disease, many patients lack access to early diagnosis that can prevent debilitating fractures, morbidity, and loss of mobility. (4) Although Caucasians are most likely to sustain osteoporosis fractures, the cost of fractures among the nonwhite population is projected to increase by as much as 180 percent over the next 20 years. (5) Black women are more likely than White women to die following a hip fracture. (6) Osteoporosis is a critical women's health issue. Women account for 71 percent of fractures and 75 percent of osteoporosis-associated costs. (7) The World Health Organization, the Centers for Medicare & Medicaid Services, and other medical experts concur that the most widely accepted method of measuring bone mass to predict fracture risk is dual-energy x-ray absorptiometry (in this Act referred to as ``DXA''). Vertebral fracture assessment (in this Act referred to as ``VFA'') is another test used to identify patients at high risk for future fracture. (8) Unlike other imaging procedures, bone mass measurement testing remains severely underutilized with less than 20 percent of eligible Medicare beneficiaries taking advantage of the benefit. (9) Underutilization of bone mass measurement will strain the Medicare budget because-- (A) 55 percent of the people age 50 and older in 2002 had osteoporosis or low bone mass; (B) more than 61,000,000 people in the United States are projected to have osteoporosis or low bone mass in 2020, as compared to 43,000,000 in 2002; (C) osteoporosis fractures are projected to increase by almost 50 percent over the next 2 decades with at least 3,000,000 fractures expected to occur annually by 2025; (D) the population aged 65 and older represents 89 percent of fracture costs; and (E) the economic burden of osteoporosis fractures are projected to increase by 50 percent over the next 2 decades, reaching $25,300,000,000 in 2025. (10) Underutilization of bone mass measurement will also strain the Medicaid budget, which funds treatment for osteoporosis in low-income Americans. (11) Reimbursement under the Medicare program for DXA provided in physician offices and other non-hospital settings was reduced by 40 percent and will be reduced by a total of 75 percent by 2010. This drop represents one of the largest reimbursement reductions in the history of the Medicare program. Reimbursement for VFA will also be reduced by 50 percent by 2010. (12) The reduction in reimbursement discourages physicians from continuing to provide access to DXA or VFA in their offices. Since two-thirds of all DXA scans are performed in nonfacility settings, such as physician offices, patient access to bone mass measurement will be severely compromised when physicians discontinue providing those tests in their offices, thereby exacerbating the current underutilization of the benefit. SEC. 3. MINIMUM PAYMENT FOR BONE MASS MEASUREMENT. (a) In General.--Section 1848(b) of the Social Security Act (42 U.S.C. 1395w-4(b)) is amended by adding at the end the following: ``(5) Treatment of bone mass scans.--Notwithstanding the provisions of paragraph (1), the Secretary shall establish a national minimum payment amount for CPT code 77080 (relating to dual-energy x-ray absorptiometry) and CPT code 77082 (relating to vertebral fracture assessment), and any successor to such codes as identified by the Secretary. Such minimum payment amount shall not be less than 100 percent of the reimbursement rates in effect for such codes (or predecessor codes) on December 31, 2006.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to bone mass measurement furnished on or after January 1, 2008. SEC. 4. STUDY AND REPORT BY THE INSTITUTE OF MEDICINE. (a) In General.--The Secretary of Health and Human Services shall enter into an arrangement with the Institute of Medicine of the National Academies to conduct a study on the following: (1) The ramifications of Medicare reimbursement reductions for DXA and VFA on beneficiary access to bone mass measurement benefits in general and in rural and minority communities specifically. (2) Methods to increase use of bone mass measurement by Medicare beneficiaries. (b) Report.--The agreement entered into under subsection (a) shall provide for the Institute of Medicine to submit to the Secretary and the Congress, not later than 1 year after the date of the enactment of this Act, a report containing a description of the results of the study conducted under such subsection and the conclusions and recommendations of the Institute of Medicine regarding each of the issues described in paragraphs (1) and (2) of such subsection.", "summary": "Medicare Fracture Prevention and Osteoporosis Testing Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a national minimum payment amount for CPT code 77080 (relating to dual energy x-ray absorptiometry, or DXA, the most widely accepted method of measuring bone mass to predict fracture risk) and CPT code 77082 (relating to vertebral fracture assessment, or VFA), and any successor to such codes as identified by the Secretary (bone mass scans). Directs the Secretary to arrange with the Institute of Medicine of the National Academies to conduct a study for a report to the Secretary and Congress on: (1) the ramifications of Medicare reimbursement reductions for DXA and VFA on beneficiary access to bone mass measurement benefits; and (2) the methods to increase use of bone mass measurement by Medicare beneficiaries."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Date Certain Tax Code Replacement Act''. SEC. 2. PURPOSE. The purpose of this Act is to set a date certain for replacing the Internal Revenue Code of 1986 with a simple and fair alternative. SEC. 3. TERMINATION OF INTERNAL REVENUE CODE OF 1986. (a) In General.--No tax shall be imposed by the Internal Revenue Code of 1986-- (1) for any taxable year beginning after December 31, 2005; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2005. (b) Exception.--Subsection (a) shall not apply to taxes imposed by-- (1) chapter 2 of such Code (relating to tax on self- employment income); (2) chapter 21 of such Code (relating to Federal Insurance Contributions Act); and (3) chapter 22 of such Code (relating to Railroad Retirement Tax Act). SEC. 4. NATIONAL COMMISSION ON TAX REFORM AND SIMPLIFICATION. (a) Findings.--The Congress finds the following: (1) The Internal Revenue Code of 1986 is overly complex, imposes significant burdens on individuals and businesses and the economy, is extremely difficult for the Internal Revenue Service to administer, and is in need of fundamental reform and simplification. (2) Many of the problems encountered by taxpayers in dealing with the Internal Revenue Service could be eliminated or alleviated by fundamental reform and simplification. (3) The Federal Government's present fiscal outlook for continuing and sustained budget surpluses provides a unique opportunity for the Congress to consider measures for fundamental reform and simplification of the tax laws. (4) Recent efforts to simplify or reform the tax laws have not been successful due in part to the difficulty of developing broad-based, nonpartisan support for proposals to make such changes. (5) Many of the problems with the Internal Revenue Service stem from the overly complex tax code the agency is asked to administer. (b) Establishment.-- (1) In general.--To carry out the purposes of this section, there is established within the legislative branch a National Commission on Tax Reform and Simplification (in this section referred to as the ``Commission''). (2) Composition.--The Commission shall be composed of 15 members, as follows: (A) Three members appointed by the President, two from the executive branch of the Government and one from private life. (B) Four members appointed by the majority leader of the Senate, one from Members of the Senate and three from private life. (C) Two members appointed by the minority leader of the Senate, one from Members of the Senate and one from private life. (D) Four members appointed by the Speaker of the House of Representatives, one from Members of the House and three from private life. (E) Two members appointed by the minority leader of the House of Representatives, one from Members of the House and one from private life. (3) Chair.--The Commission shall elect a Chair (or two Co- Chairs) from among its members. (4) Meetings, quorums, vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chair (Co-Chairs, if elected) or a majority of its members. Nine members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any meeting of the Commission or any subcommittee thereof may be held in executive session to the extent that the Chair (Co-Chairs, if elected) or a majority of the members of the Commission or subcommittee determine appropriate. (5) Continuation of membership.--If-- (A) any individual who appointed a member to the Commission by virtue of holding a position described in paragraph (2) ceases to hold such position before the report of the Commission is submitted under subsection (g); or (B) a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, or was appointed to the Commission because the member was not an officer or employee of any government and later becomes an officer or employee of a government, that member may continue as a member for not longer than the 30-day period beginning on the date that such individual ceases to hold such position or such member ceases to be a Member of Congress or becomes such an officer or employee, as the case may be. (6) Appointment; initial meeting.-- (A) Appointment.--It is the sense of the Congress that members of the Commission should be appointed not more than 60 days after the date of the enactment of this Act. (B) Initial meeting.--If, after 60 days from the date of the enactment of this Act, eight or more members of the Commission have been appointed, members who have been appointed may meet and select the Chair (or Co-Chairs) who thereafter shall have the authority to begin the operations of the Commission, including the hiring of staff. (c) Functions of the Commission.-- (1) In general.--The functions of the Commission shall be-- (A) to conduct, for a period of not to exceed 18 months from the date of its first meeting, the review described in paragraph (2); and (B) to submit to the Congress a report of the results of such review, including recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986, as described in subsection (g). (2) Review.--The Commission shall review-- (A) the present structure and provisions of the Internal Revenue Code of 1986, especially with respect to-- (i) its impact on the economy (including the impact on savings, capital formation and capital investment); (ii) its impact on families and the workforce (including issues relating to distribution of tax burden); (iii) the compliance cost to taxpayers; and (iv) the ability of the Internal Revenue Service to administer such provisions; (B) whether tax systems imposed under the laws of other countries could provide more efficient and fair methods of funding the revenue requirements of the government; (C) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (D) whether the Internal Revenue Code of 1986 can be simplified, absent wholesale restructuring or replacement thereof. (d) Powers of the Commission.-- (1) In general.--The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section, hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths, as the Commission or such designated subcommittee or designated member may deem advisable. (2) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section. (3) Assistance from federal agencies and offices.-- (A) Information.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, as well as from any committee or other office of the legislative branch, such information, suggestions, estimates, and statistics as it requires for the purposes of its review and report. Each such department, bureau, agency, board, commission, office, establishment, instrumentality, or committee shall, to the extent not prohibited by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chair (Co-Chairs, if elected). (B) Treasury department.--The Secretary of the Treasury is authorized on a nonreimbursable basis to provide the Commission with administrative services, funds, facilities, staff, and other support services for the performance of the Commission's functions. (C) General services administration.--The Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request. (D) Joint committee on taxation.--The staff of the Joint Committee on Taxation is authorized on a nonreimbursable basis to provide the Commission with such legal, economic, or policy analysis, including revenue estimates, as the Commission may request. (E) Other assistance.--In addition to the assistance set forth in subparagraphs (A), (B), (C), and (D), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may deem advisable and as may be authorized by law. (4) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (5) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property in carrying out its duties under this section. (e) Staff of the Commission.-- (1) In general.--The Chair (Co-Chairs, if elected), in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III or chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (2) Consultant services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (f) Compensation and Travel Expenses.-- (1) Compensation.-- (A) In general.--Except as provided in subparagraph (B), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (B) Exception.--Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay on account of their service on the Commission. (2) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (g) Report of the Commission; Termination.-- (1) Report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The report of the Commission shall describe the results of its review (as described in subsection (c)(2)), shall make such recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986 as the Commission considers appropriate, and shall describe the expected impact of such recommendations on the economy and progressivity and general administrability of the tax laws. (2) Termination.-- (A) In general.--The Commission, and all the authorities of this section, shall terminate on the date which is 90 days after the date on which the report is required to be submitted under paragraph (1). (B) Concluding activities.--The Commission may use the 90-day period referred to in subparagraph (A) for the purposes of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating that report. (h) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary for the activities of the Commission. Until such time as funds are specifically appropriated for such activities, $2,000,000 shall be available from fiscal year 2002 funds appropriated to the Treasury Department, ``Departmental Offices'' account, for the activities of the Commission, to remain available until expended. SEC. 5. TIMING OF IMPLEMENTATION. In order to ensure an easy transition and effective implementation, the Congress hereby declares that any new Federal tax system shall be approved by Congress in its final form no later than July 4, 2005. If a new Federal tax system is not so approved by July 4, 2005, then Congress shall be required to vote to reauthorize the Internal Revenue Code of 1986.", "summary": "Date Certain Tax Code Replacement Act - Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2005; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2005. Excepts the: (1) tax on self-employment income (chapter 2 of the Code); (2) Federal Insurance Contributions Act (chapter 21 of the Code); and (3) Railroad Retirement Tax Act (chapter 22 of the Code).Establishes the National Commission on Tax Reform and Simplification to review: (1) the present structure and provisions of the Code; (2) whether the tax systems of other countries could provide more efficient and fair methods of funding government revenue requirements; (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (4) whether the Code can be simplified, absent wholesale restructuring or replacement. Requires a Commission report to Congress on review results, with recommendations for Code reform and simplification. Terminates the Commission 90 days after such report.Authorizes appropriations (with interim funding).Declares that any new Federal tax system should be approved by Congress in its final form before July 4, 2005, and, if not, Congress should be required to vote to reauthorize the Code."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Medicare Options Act of 2009''. SEC. 2. GUARANTEED ISSUE OF MEDIGAP POLICIES TO ALL MEDICARE BENEFICIARIES. (a) In General.--Section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended-- (1) in paragraph (2)(A), by striking ``65 years of age or older and is enrolled for benefits under part B'' and inserting ``entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B''; (2) in paragraph (2)(D), by striking ``who is 65 years of age or older as of the date of issuance and''; and (3) in paragraph (3)(B)(vi), by striking ``at age 65''. (b) Phase-In Authority.-- (1) In general.--Subject to paragraph (2), the Secretary of Health and Human Services may phase in the implementation of the amendments made under subsection (a) in such manner as the Secretary determines appropriate to minimize any adverse impact on individuals enrolled under a Medicare supplemental policy prior to the effective date of this Act. (2) Limit.--The phase-in period under paragraph (1) shall not exceed 5 years. (c) Separate Premium Class.-- (1) In general.--Subject to paragraph (2), any individuals enrolled under a Medicare supplemental policy pursuant to the amendments made under subsection (a) shall be classified by the issuer as part of a separate premium class. (2) Limit.--The provision in paragraph (1) shall apply to individuals that enroll under a Medicare supplemental policy prior to January 1, 2015. (d) Additional Enrollment Period for Certain Individuals.-- (1) One-time enrollment period.-- (A) In general.--In the case of an individual described in paragraph (2), the Secretary shall establish a one-time enrollment period during which such an individual may enroll in any Medicare supplemental policy of the individual's choosing. (B) Period.--The enrollment period established under subparagraph (A) shall begin on the date on which the phase-in period under subsection (b) is completed and end 6 months after such date. (2) Individual described.--An individual described in this paragraph is an individual who-- (A) is entitled to hospital insurance benefits under part A under section 226(b) or section 226A of the Social Security Act (42 U.S.C. 426(b); 426-1); (B) is enrolled for benefits under part B of such Act (42 U.S.C. 1395j et seq.); and (C) would not, but for the provisions of and amendments made by this section, be eligible for the guaranteed issue of a Medicare supplemental policy under section 1882(s)(2) of such Act (42 U.S.C. 1395ss(s)(2)). (3) Outreach plan.--The Secretary shall develop an outreach plan to notify individuals described in paragraph (2) of the one-time enrollment period established under paragraph (1). SEC. 3. GUARANTEED ISSUE OF MEDIGAP POLICIES FOR MEDICARE ADVANTAGE AND MEDICAID ENROLLEES. (a) In General.--Section 1882(s)(3) of the Social Security Act (42 U.S.C. 1395ss(s)(3)), as amended by section 2, is amended-- (1) in subparagraph (B), by adding at the end the following new clauses: ``(vii) The individual was enrolled in a Medicare Advantage plan under part C for not less than 12 months and subsequently disenrolled from such plan and elects to receive benefits under this title through the original Medicare fee-for-service program under parts A and B. ``(viii) The individual-- ``(I) is entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B; ``(II) was eligible for medical assistance under a State plan or waiver under title XIX and was enrolled in such plan or waiver; and ``(III) subsequently lost eligibility for such medical assistance.''; and (2) by striking subparagraph (C)(iii) and inserting the following: ``(iii) Subject to subsection (v)(1), for purposes of an individual described in clause (vi), (vii), or (viii) of subparagraph (B), a Medicare supplemental policy described in this subparagraph shall include any Medicare supplemental policy.''. (3) in subparagraph (E)-- (A) in clause (iv), by striking ``and'' at the end; (B) in clause (v), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new clauses: ``(vi) in the case of an individual described in subparagraph (B)(vii), the annual, coordinated election period (as defined in section 1851(e)(3)(B)) or a continuous open enrollment period (as defined in section 1851(e)(2)) during which the individual disenrolls from a Medicare Advantage plan under part C; and ``(vii) in the case of an individual described in subparagraph (B)(viii), the period beginning on the date that the individual receives a notice of cessation of such individual's eligibility for medical assistance under the State plan or waiver under title XIX and ending on the date that is 123 days after the individual receives such notice.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to Medicare supplemental policies effective on or after January 1, 2010. SEC. 4. ENROLLMENT OF INDIVIDUALS WITH END STAGE RENAL DISEASE IN MEDICARE ADVANTAGE. (a) In General.--Section 1851(a) of the Social Security Act (42 U.S.C. 1395w-21(a)) is amended by striking paragraph (3) and inserting the following: ``(3) Medicare+Choice Eligible Individual.--In this title, the term `Medicare+Choice eligible individual' means an individual who is entitled to benefits under part A and enrolled under part B.''. (b) Conforming Amendments.-- (1) Section 1852(b) of the Social Security Act (42 U.S.C. 1395w-22(b)) is amended by striking paragraph (1) and inserting the following: ``(1) Beneficiaries.--A Medicare+Choice organization may not deny, limit, or condition the coverage or provision of benefits under this part, for individuals permitted to be enrolled with the organization under this part, based on any health status-related factor described in section 2702(a)(1) of the Public Health Service Act. The Secretary shall not approve a plan of an organization if the Secretary determines that the design of the plan and its benefits are likely to substantially discourage enrollment by certain MA eligible individuals with the organization.''. (2) Section 1859(b)(6)(B) of such Act (42 U.S.C. 1395w- 28(b)(6)(B)) is amended in the second sentence by striking ``may waive application of section 1851(a)(3)(B) in the case of an individual described in clause (i), (ii), or (iii) of this subparagraph and''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2010.", "summary": "Equal Access to Medicare Options Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to provide all Medicare beneficiaries, regardless of whether they have enrolled in Medicare part B, as well as Medicare Advantage and Medicaid enrollees with the right to guaranteed issue of a supplemental insurance (Medigap) policy. Amends part C (Medicare+Choice) of SSA title XVIII to permit enrollment of individuals with end stage renal disease (ESRD) in Medicare Advantage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public School Emergency Relief Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 2014, the United States experienced an unprecedented influx in arrivals of unaccompanied alien children. (2) Between January 1, 2014, and July 31, 2014, the Department of Health and Human Services Office of Refugee Resettlement released 37,477 unaccompanied alien children to sponsors nationwide. (3) Federal law, as upheld by the Supreme Court decision Plyer v. Doe, permits all children residing in the United States access to a public elementary and secondary education regardless of their immigration status. (4) An unprecedented influx of unaccompanied alien children has resulted in a strain on the Nation's public school system. (5) In response to these conditions, this Act creates an emergency grant for the 2014-2015 school year tailored to the needs of local educational agencies affected by enrollment increases attributable to unaccompanied alien children. SEC. 3. TEMPORARY EMERGENCY IMPACT AID FOR IMMIGRANT STUDENTS. (a) Temporary Emergency Impact Aid Authorized.-- (1) Aid to state educational agencies.--From amounts appropriated to carry out this Act, the Secretary of Education shall provide emergency impact aid to State educational agencies to enable the State educational agencies to make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools to enable such eligible local educational agencies and schools to provide for the instruction of students served by such agencies and schools. (2) Aid to local educational agencies and bia-funded schools.--A State educational agency shall make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools in accordance with subsection (c). (3) Notice of funds availability.--Not later than 14 calendar days after the date of enactment of this Act, the Secretary of Education shall publish in the Federal Register a notice of the availability of funds under this section. (b) Application.-- (1) State educational agency.--A State educational agency that desires to receive emergency impact aid under this section shall submit an application to the Secretary of Education, not later than 7 calendar days after the date by which an application under paragraph (2) must be submitted, in such manner, and accompanied by such information as the Secretary of Education may reasonably require, including information on the total immigrant student child count of the State provided by eligible local educational agencies in the State and eligible BIA-funded schools in the State under paragraph (2). (2) Local educational agencies and bia-funded schools.--An eligible local educational agency or eligible BIA-funded school that desires an emergency impact aid payment under this section shall submit an application to the State educational agency, not later than 14 calendar days after the date of the publication of the notice described in subsection (a)(3), in such manner, and accompanied by such information as the State educational agency may reasonably require, including documentation submitted quarterly for the 2014-2015 school year that indicates the following: (A) In the case of an eligible local educational agency, the number of immigrant students enrolled in the elementary schools and secondary schools (including charter schools) served by such agency for such quarter. (B) In the case of an eligible BIA-funded school, the number of immigrant students enrolled in such school for such quarter. (3) Determination of number of immigrant students.--In determining the number of immigrant students for a quarter under paragraph (2), an eligible local educational agency or eligible BIA-funded school shall include the number of immigrant students served-- (A) in the case of a determination for the first quarterly installment, during the quarter prior to the date of enactment of this Act; and (B) in the case of a determination for each subsequent quarterly installment, during the quarter immediately preceding the quarter for which the installment is provided. (c) Amount of Emergency Impact Aid.-- (1) Aid to state educational agencies.-- (A) In general.--The amount of emergency impact aid received by a State educational agency for the 2014- 2015 school year shall equal the product of-- (i) the increase (if any) in the number of immigrant students-- (I) as determined by the eligible local educational agencies and eligible BIA-funded schools in the State under subsection (b)(2); over (II) the number of such students enrolled during the corresponding quarter of the 2012-2013 school year; and (ii) $12,000. (B) Insufficient funds.--If the amount available under this section to provide emergency impact aid under this subsection is insufficient to pay the full amount that a State educational agency is eligible to receive under this section, the Secretary of Education shall ratably reduce the amount of such emergency impact aid. (C) Retention of state share.--In the case of a State educational agency that has made a payment prior to the date of enactment of this Act to a local educational agency for the purpose of covering additional costs incurred as a result of enrolling an immigrant student in a school served by the local educational agency, the State educational agency may retain a portion of the payment described in paragraph (2)(A)(ii) that bears the same relation to the total amount of the payment under such paragraph as the sum of such prior payments bears to the total cost of attendance for all students in that local educational agency for whom the State educational agency made such prior payments. (2) Aid to eligible local educational agencies and eligible bia-funded schools.-- (A) Quarterly installments.-- (i) In general.--A State educational agency shall provide emergency impact aid payments under this section on a quarterly basis for the 2014-2015 school year by such dates as determined by the Secretary of Education. Such quarterly installment payments shall be based on the number of immigrant students reported under subsection (b)(2). (ii) Payment amount.--Subject to paragraph (1)(B), each quarterly installment payment under clause (i) shall equal 25 percent of the amount determined under paragraph (1)(A). (iii) Timeline.--The Secretary of Education shall establish a timeline for quarterly reporting on the number of immigrant students in order to make the appropriate disbursements in a timely manner. (iv) Insufficient funds.--If, for any quarter, the amount available under this section to make payments under this subsection is insufficient to pay the full amount that an eligible local educational agency or eligible BIA-funded school is eligible to receive under this section, the State educational agency shall ratably reduce the amount of such payments. (3) Immigrant students.--Subject to the subsection (d), an eligible local educational agency or eligible BIA-funded school receiving emergency impact aid payments under this section shall use the payments to provide services and assistance to elementary schools and secondary schools (including charter schools) served by such agency, or to such BIA-funded school, that enrolled an immigrant student. (d) Use of Funds.-- (1) Authorized uses.--The authorized uses of funds are the following: (A) Paying the compensation of personnel, including teacher aides, in schools enrolling immigrant students. (B) Identifying and acquiring curricular material, including the costs of providing additional classroom supplies, and mobile educational units and leasing sites or spaces. (C) Basic instructional services for such students, including tutoring, mentoring, or academic counseling. (D) Reasonable transportation costs. (E) Health and counseling services. (F) Education and support services. (G) Other uses as allowed under title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.). (2) Provision of special education and related services.-- (A) In general.--In the case of an immigrant student who is a child with a disability, any payment made on behalf of such student to an eligible local educational agency shall be used to pay for special education and related services consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (B) Definitions.--In subparagraph (A), the terms ``child with a disability'', ``special education'', and ``related services'' have the meaning given such terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). (e) Return of Aid.-- (1) Eligible local educational agency or eligible bia- funded school.--An eligible local educational agency or eligible BIA-funded school that receives an emergency impact aid payment under this section shall return to the State educational agency any payment provided to the eligible local educational agency or school under this section that the eligible local educational agency or school has not obligated by the end of the 2014-2015 school year in accordance with this section. (2) State educational agency.--A State educational agency that receives emergency impact aid under this section, shall return to the Secretary of Education-- (A) any aid provided to the agency under this section that the agency has not obligated by the end of the 2014-2015 school year in accordance with this section; and (B) any payment funds returned to the State educational agency under paragraph (1). (f) Limitation on Use of Aid and Payments.--Aid and payments provided under this section shall only be used for expenses incurred during the 2014-2015 school year. (g) Administrative Expenses.--A State educational agency that receives emergency impact aid under this section may use not more than 1 percent of such aid for administrative expenses. An eligible local educational agency or eligible BIA-funded school that receives emergency impact aid payments under this section may use not more than 2 percent of such payments for administrative expenses. (h) Special Funding Rule.--In calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) for an eligible local educational agency that receives an emergency impact aid payment under this section, the Secretary of Education shall not count immigrant students served by such agency for whom an emergency impact aid payment is received under this section, nor shall such students be counted for the purpose of calculating the total number of children in average daily attendance at the schools served by such agency as provided in section 8003(b)(3)(B)(i) of such Act (20 U.S.C. 7703(b)(3)(B)(i)). (i) Nondiscrimination.-- (1) In general.--Nothing in this Act may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (2) Prohibition.--A school that enrolls an immigrant student under this section shall not discriminate against students on the basis of race, color, national origin, religion, disability, or sex. (3) Rule of construction.--The amount of any payment (or other form of support provided on behalf of an immigrant student) under this section shall not be treated as income of a parent or guardian of the student for purposes of Federal tax laws or for determining eligibility for any other Federal program. (j) Treatment of State Aid.--A State shall not take into consideration emergency impact aid payments received under this section by a local educational agency in the State in determining the eligibility of such local educational agency for State aid, or the amount of State aid, with respect to free public education of children. SEC. 4. DEFINITIONS. (a) In General.--Unless otherwise specified, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (b) Specific Definitions.--In this Act: (1) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency that serves an elementary school or secondary school (including a charter school) in which there is enrolled an immigrant student. (2) Eligible bia-funded school.--The term ``eligible BIA- funded school'' means a school funded by the Bureau of Indian Affairs in which there is enrolled an immigrant student. (3) Immigrant student.--The term ``immigrant student'' has the meaning given the term ``immigrant children and youth'' in section 3301 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7011).", "summary": "Public School Emergency Relief Act - Directs the Secretary of Education to provide emergency impact aid payments to states and, through them, to local educational agencies and Indian schools for each quarter of the 2014-2015 school year for any increase in the enrollment of immigrant children from the corresponding quarter of the 2012-2013 school year. Requires the payments to be used to provide services and assistance to schools that enroll immigrant students. Authorizes the funds to be used for: compensating school personnel, identifying and acquiring curricular material and mobile educational units and leasing sites or spaces, basic instructional services for immigrant students, reasonable transportation costs, health and counseling services, education and support services, and other uses allowed under title III (Language Instruction for Limited English Proficient and Immigrant Students) of the Elementary and Secondary Education Act of 1965. Requires any payment made on behalf of a disabled immigrant student to be used for special education and related services. Prohibits the use of the emergency impact aid for any expenses that are not incurred during the 2014-2015 school year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Catastrophic Disaster Risk and Insurance Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Hurricanes Katrina, Rita, and Wilma, which struck the United States in 2005, caused over $200 billion in total economic losses, including insured and uninsured losses. (2) Although private sector insurance is currently available to spread some catastrophe-related losses throughout the Nation and internationally, most experts believe there will be significant insurance and reinsurance shortages, resulting in dramatic rate increases for consumers and businesses, and the unavailability of catastrophe insurance. (3) The Federal Government has provided and will continue to provide billions of dollars and resources to pay for losses from catastrophes, including hurricanes, volcanic eruptions, tsunamis, tornados, and other disasters, at huge costs to American taxpayers. (4) The Federal Government has a critical interest in ensuring appropriate and fiscally responsible risk management of catastrophes. Mortgages require reliable property insurance, and the unavailability of reliable property insurance would make most real estate transactions impossible. In addition, the public health, safety, and welfare demand that structures damaged or destroyed in a catastrophe be reconstructed as soon as possible. Therefore, the inability of the private sector insurance and reinsurance markets to maintain sufficient capacity to enable Americans to obtain property insurance coverage in the private sector endangers the national economy and the public health, safety, and welfare. (5) Multiple proposals have been introduced in the United States Congress over the past decade to address catastrophic risk insurance, including the creation of a national catastrophic reinsurance fund and the revision of the Federal tax code to allow insurers to use tax-deferred catastrophe funds, yet Congress has failed to act on any of these proposals. (6) To the extent the United States faces high risks from catastrophe exposure, essential technical information on financial structures and innovations in the catastrophe insurance market is needed. (7) The most efficient and effective approach to assessing the catastrophe insurance problem in the public policy context is to establish a bipartisan commission of experts to study the management of catastrophic disaster risk, and to require such commission to timely report its recommendations to Congress so that Congress can quickly craft a solution to protect the American people. SEC. 3. ESTABLISHMENT. There is established a bipartisan Commission on Catastrophic Disaster Risk and Insurance (in this Act referred to as the ``Commission''). SEC. 4. MEMBERSHIP. (a) Members.--The Commission shall be composed of the following: (1) The Director of the Federal Emergency Management Agency or a designee of the Director. (2) The Administrator of the National Oceanic and Atmospheric Administration or a designee of the Administrator. (3) 12 additional members or their designees of whom one shall be-- (A) a representative of a consumer group; (B) a representative of a primary insurance company; (C) a representative of a reinsurance company; (D) an independent insurance agent with experience in writing property and casualty insurance policies; (E) a State insurance regulator; (F) a State emergency operations official; (G) a scientist; (H) a faculty member of an accredited university with experience in risk management; (I) a member of nationally recognized think tank with experience in risk management; (J) a homebuilder with experience in structural engineering; (K) a mortgage lender; and (L) a nationally recognized expert in antitrust law. (b) Manner of Appointment.-- (1) In general.--Any member of the Commission described under subsection (a)(3) shall be appointed only upon unanimous agreement of-- (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (2) Consultation.--In making any appointment under paragraph (1), each individual described in paragraph (1) shall consult with the President. (c) Eligibility Limitation.--Except as provided in subsection (a), no member or officer of the Congress, or other member or officer of the Executive Branch of the United States Government or any State government may be appointed to be a member of the Commission. (d) Period of Appointment.-- (1) In general.--Each member of the Commission shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy on the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made. (e) Quorum.-- (1) Majority.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (2) Approval actions.--All recommendations and reports of the Commission required by this Act shall be approved only by a majority vote of a quorum of the Commission. (f) Chairperson.--The majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall jointly select 1 member appointed pursuant to subsection (a) to serve as the Chairperson of the Commission. (g) Meetings.--The Council shall meet at the call of its Chairperson or a majority of its members at any time. SEC. 5. DUTIES OF THE COMMISSION. The Commission shall-- (1) assess-- (A) the condition of the property and casualty insurance and reinsurance markets in the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, and the 4 major hurricanes that struck the United States in 2004; and (B) the ongoing exposure of the United States to earthquakes, volcanic eruptions, tsunamis, and floods; and (2) recommend and report, as required under section 6, any necessary legislative and regulatory changes that will-- (A) improve the domestic and international financial health and competitiveness of such markets; and (B) assure consumers of the-- (i) availability of adequate insurance coverage when an insured event occurs; and (ii) best possible range of insurance products at competitive prices. SEC. 6. REPORT. (a) In General.--Not later than 90 days after the appointment of Commission members under section 4, the Commission shall submit to the President and the Congress a final report containing a detailed statement of its findings, together with any recommendations for legislation or administrative action that the Commission considers appropriate, in accordance with the requirements of section 5. (b) Considerations.--In developing any recommendations under subsection (a), the Commission shall consider-- (1) the catastrophic insurance and reinsurance market structures and the relevant commercial practices in such insurance industries in providing insurance protection to different sectors of the American population; (2) the constraints and opportunities in implementing a catastrophic insurance system that can resolve key obstacles currently impeding broader implementation of catastrophe risk management and financing with insurance; (3) methods to improve risk underwriting practices, including-- (A) analysis of modalities of risk transfer for potential financial losses; (B) assessment of private securitization of insurances risks; (C) private-public partnerships to increase insurance capacity in constrained markets; and (D) the financial feasibility and sustainability of a national catastrophe pool or regional catastrophe pools designed to provide adequate insurance coverage and increased underwriting capacity to insurers and reinsurers; (4) approaches for implementing a public insurance scheme for low-income communities, in order to promote risk reduction and explicit insurance coverage in such communities; (5) methods to strengthen insurance regulatory requirements and supervision of such requirements, including solvency for catastrophic risk reserves; (6) methods to promote public insurance policies linked to programs for loss reduction in the uninsured sectors of the American population; (7) methods to strengthen the risk assessment and enforcement of structural mitigation and vulnerability reduction measures, such as zoning and building code compliance; (8) the appropriate role for the Federal Government in stabilizing the property and casualty insurance and reinsurance markets, with an analysis-- (A) of options such as-- (i) a reinsurance mechanism; (ii) the modernization of Federal taxation policies; and (iii) an ``insurance of last resort'' mechanism; and (B) how to fund such options; and (9) the merits of the 3 principle legislative proposals currently pending in the 109th Congress, namely: (A) The creation of a Federal catastrophe fund to act as a backup to State catastrophe funds; (B) Tax-deferred catastrophe accounts for insurers; and (C) Tax-free catastrophe accounts for policyholders. SEC. 7. POWERS OF THE COMMISSION. (a) Hearings.--The Commission or, at the direction of the Commission, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act-- (1) hold such public hearings in such cities and countries, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths or affirmations as the Commission or such subcommittee or member considers advisable; and (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials as the Commission or such subcommittee or member considers advisable. (b) Issuance and Enforcement of Subpoenas.-- (1) Issuance.--Subpoenas issued under subsection (a) shall bear the signature of the Chairperson of the Commission and shall be served by any person or class of persons designated by the Chairperson for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (3) Confidentiality.-- (A) In general.--Information obtained under a subpoena issued under subsection (a) which is deemed confidential, or with reference to which a request for confidential treatment is made by the person furnishing such information-- (i) shall be exempt from disclosure under section 552 of title 5, United States Code; and (ii) shall not be published or disclosed unless the Commission determines that the withholding of such information is contrary to the interest of the United States. (B) Exception.--The requirements of subparagraph (A) shall not apply to the publication or disclosure of any data aggregated in a manner that ensures protection of the identity of the person furnishing such data. (c) Authority of Members or Agents of the Commission.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (d) Obtaining Official Data.-- (1) Authority.--Notwithstanding any provision of section 552a of title 5, United States Code, the Commission may secure directly from any department or agency of the United States any information necessary to enable the Commission to carry out the purposes of this Act. (2) Procedure.--Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish the information requested to the Commission. (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, any administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Gifts.-- (1) In general.--The Commission may accept, use, and dispose of gifts or donations of services or property. (2) Regulations.--The Commission shall adopt internal regulations governing the receipt of gifts or donations of services or property similar to those described in part 2601 of title 5, Code of Federal Regulations. SEC. 8. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Subcommittees.--The Commission may establish subcommittees and appoint persons to such subcommittees as the Commission considers appropriate. (d) Staff.--Subject to such policies as the Commission may prescribe, the Chairperson of the Commission may appoint and fix the pay of such additional personnel as the Chairperson considers appropriate to carry out the duties of the Commission. (e) Applicability of Certain Civil Service Laws.--Subcommittee members and staff of the Commission may be-- (1) appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and (2) paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay prescribed for GS-18 of the General Schedule under section 5332 of that title. (f) Experts and Consultants.--In carrying out its objectives, the Commission may procure temporary and intermittent services of consultants and experts under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for GS-18 of the General Schedule under section 5332 of that title. (g) Detail of Government Employees.--Upon request of the Chairperson of the Commission, any Federal Government employee may be detailed to the Commission to assist in carrying out the duties of the Commission-- (1) on a reimbursable basis; and (2) such detail shall be without interruption or loss of civil service status or privilege. SEC. 9. TERMINATION. The Commission shall terminate 60 days after the date on which the Commission submits its report under section 6. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $5,000,000 to carry out the purposes of this Act.", "summary": "Commission on Catastrophic Disaster Risk and Insurance Act of 2006 - Establishes a bipartisan Commission on Catastrophic Disaster Risk and Insurance to assess: (1) the condition of the property and casualty insurance and reinsurance markets in the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, and the four major hurricanes that struck the United States in 2004; (2) the ongoing exposure of the United States to earthquakes, volcanic eruptions, tsunamis, and floods; and (3) recommend and report legislative and regulatory changes that will improve the domestic and international financial health and competitiveness of such markets."}
{"article": "SECTION 1. NATIONAL STANDARDS TO PREVENT DISTRACTED DRIVING. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. National standards to prevent distracted driving ``(a) Penalty.--On October 1, 2011, and October 1 of each fiscal year thereafter, if a State does not meet the requirement of subsection (b), the Secretary shall withhold from amounts apportioned to the State on that date under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) an amount equal to the amount specified in subsection (c). ``(b) Requirement.-- ``(1) In general.--A State meets the requirement of this subsection if the State has enacted and is enforcing a law that prohibits a person from operating a motor vehicle in the State while the person is using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or part of traffic. ``(2) Exceptions.--Paragraph (1) does not apply if a wireless communications device is used-- ``(A) solely in a voice-activated or other hands- free mode; ``(B) for making a cellular phone call; ``(C) for obtaining emergency assistance to-- ``(i) report a traffic accident, medical emergency, or serious traffic hazard; or ``(ii) prevent a crime about to be committed; ``(D) in the reasonable belief that a person's life or safety is in immediate danger; ``(E) in an authorized emergency vehicle while in the performance of official duties; ``(F) when a motor vehicle is stopped and the driver has the motor vehicle transmission in neutral or park; and ``(G) in other circumstances, as identified by the Secretary by regulation, in which use of a wireless communications device does not adversely affect safety. ``(c) Amount To Be Withheld.--If a State is subject to a penalty under subsection (a), the Secretary shall withhold for a fiscal year from the apportionments of the State described in subsection (a) an amount equal to a percentage of the funds apportioned to the State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) for fiscal year 2009. The percentage shall be as follows: ``(1) For fiscal year 2012, 2 percent. ``(2) For fiscal year 2013, 4 percent. ``(3) For fiscal year 2014, 6 percent. ``(4) For fiscal year 2015, and each fiscal year thereafter, 8 percent. ``(d) Effect of Compliance and Noncompliance.--If, within 4 years from the date that an apportionment for a State is withheld in accordance with this section, the Secretary determines that the State meets the requirement of subsection (b), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, a State does not meet the requirement of subsection (b) any amounts so withheld from the State shall lapse. ``(e) Definitions.--In this section, the following definitions apply: ``(1) Electronic message.-- ``(A) In general.--The term `electronic message' means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. ``(B) Inclusions.--The term includes e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person. ``(2) Wireless communications device.-- ``(A) In general.--The term `wireless communications device' means-- ``(i) a cellular phone; or ``(ii) a portable electronic device that is capable of receiving and transmitting data, including to text messages and e-mail, without an access line for service. ``(B) Exclusion.--The term does not include a device that is permanently affixed to the vehicle, including a global positioning system or navigation system.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end the following: ``167. National standards to prevent distracted driving.''.", "summary": "Requires the Secretary of Transportation to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway program funds for FY2012-FY2015, and thereafter, if the state has not enacted or is not enforcing a law that prohibits, with specified exceptions, a person from using a wireless communications device to compose, read, or send an electronic message while operating a motor vehicle that is in motion or part of traffic."}
{"article": "SECTION 1. SHORT TITLES. This Act may be cited as the ``Stop Illegal Reentry Act'' or as ``Kate's Law''. SEC. 2. INCREASED PENALTIES FOR REENTRY OF REMOVED ALIEN. Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by striking subsections (a) and (b) and inserting the following: ``(a) In General.--Subject to subsections (b) and (c), any alien who-- ``(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding; and ``(2) thereafter enters, attempts to enter, or is at any time found in, the United States, unless-- ``(A) prior to the alien's reembarkation at a place outside the United States or the alien's application for admission from foreign contiguous territory, the Secretary of Homeland Security has expressly consented to such alien's reapplying for admission; or ``(B) with respect to an alien previously denied admission and removed, such alien shall establish that the alien was not required to obtain such advance consent under this Act or any prior Act; shall be fined under title 18, United States Code, or imprisoned not more than five years, or both. ``(b) Criminal Penalties for Reentry of Certain Removed Aliens.-- ``(1) In general.--Notwithstanding the penalty provided in subsection (a), and except as provided in subsection (c), an alien described in subsection (a)-- ``(A) who was convicted before such removal or departure of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; ``(B) who has been excluded from the United States pursuant to section 235(c) because the alien was excludable under section 212(a)(3)(B) or who has been removed from the United States pursuant to the provisions of title V, and who thereafter, without the permission of the Secretary of Homeland Security, enters the United States, or attempts to do so, shall be fined under title 18, United States Code, and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence; ``(C) who was removed from the United States pursuant to section 241(a)(4)(B) who thereafter, without the permission of the Secretary of Homeland Security, enters, attempts to enter, or is at any time found in, the United States (unless the Secretary of Homeland Security has expressly consented to such alien's reentry) shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both; and ``(D) who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. ``(2) Removal defined.--In this subsection and subsection (c), the term `removal' includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law. ``(c) Mandatory Minimum Criminal Penalty for Reentry of Certain Removed Aliens.--Notwithstanding the penalties provided in subsections (a) and (b), an alien described in subsection (a)-- ``(1) who was convicted before such removal or departure of an aggravated felony; or ``(2) who was convicted at least two times before such removal or departure of illegal reentry under this section; shall be imprisoned not less than five years and not more than 20 years, and may, in addition, be fined under title 18, United States Code.''; and (3) in subsection (d), as redesignated by paragraph (1)-- (A) by striking ``section 242(h)(2)'' and inserting ``section 241(a)(4)''; and (B) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''.", "summary": "Stop Illegal Reentry Act or Kate's Law This bill amends the Immigration and Nationality Act to increase from two years to five years the maximum prison term for an alien who reenters after being denied admission, excluded, deported, or removed. It establishes: a 10-year maximum prison term for an alien who reenters after being denied admission, excluded, deported, or removed on 3 or more prior occasions; and a 5-year mandatory minimum prison term for an alien who reenters after being removed following a conviction for an aggravated felony or following 2 or more prior convictions for illegal reentry."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``GI Bill Processing Improvement Act of 2015''. SEC. 2. IMPROVEMENT OF INFORMATION TECHNOLOGY OF THE VETERANS BENEFITS ADMINISTRATION OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Processing of Certain Educational Assistance Claims.--The Secretary of Veterans Affairs shall, to the maximum extent possible, make such changes and improvements to the information technology system of the Veterans Benefits Administration of the Department of Veterans Affairs to ensure that-- (1) to the maximum extent possible, all original and supplemental claims for educational assistance under chapter 33 of title 38, United States Code, are adjudicated electronically; and (2) rules-based processing is used to make decisions with respect to such claims with little human intervention. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the changes made pursuant to the requirements of subsection (a). (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $30,000,000 to carry out this section during fiscal years 2015 and 2016. SEC. 3. APPROVAL OF COURSES OF EDUCATION PROVIDED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ALL- VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM AND POST- 9/11 EDUCATIONAL ASSISTANCE CONDITIONAL ON IN-STATE TUITION RATE FOR VETERANS. (a) Extension of Effective Date.--Section 702(b) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) is amended by striking ``July 1, 2015'' and inserting ``July 1, 2016''. (b) Technical Amendment.--Section 3679(c)(2)(B) of title 38, United States Code, is amended by striking ``or 3319'' and all that follows and inserting ``of this title or to whom educational assistance is transferred under section 3319 of this title''. SEC. 4. RECODIFICATION AND IMPROVEMENT OF ELECTION PROCESS FOR POST-9/ 11 EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Subchapter III of chapter 33 is amended by adding at the end the following new section: ``Sec. 3326. Election to receive educational assistance ``(a) Individuals Eligible To Elect Participation in Post-9/11 Educational Assistance.--An individual may elect to receive educational assistance under this chapter if such individual-- ``(1) as of August 1, 2009-- ``(A) is entitled to basic educational assistance under chapter 30 of the title and has used, but retains unused, entitlement under that chapter; ``(B) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 and has used, but retains unused, entitlement under the applicable chapter; ``(C) is entitled to basic educational assistance under chapter 30 of this title but has not used any entitlement under that chapter; ``(D) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 but has not used any entitlement under such chapter; ``(E) is a member of the Armed Forces who is eligible for receipt of basic educational assistance under chapter 30 this title and is making contributions toward such assistance under section 3011(b) or 3012(c) of this title; or ``(F) is a member of the Armed Forces who is not entitled to basic educational assistance under chapter 30 of this title by reason of an election under section 3011(c)(1) or 3012(d)(1) of this title; and ``(2) as of the date of the individual's election under this paragraph, meets the requirements for entitlement to educational assistance under this chapter. ``(b) Cessation of Contributions Toward GI Bill.--Effective as of the first month beginning on or after the date of an election under subsection (a) of an individual described by paragraph (1)(E) of that subsection, the obligation of the individual to make contributions under section 3011(b) or 3012(c) of this title, as applicable, shall cease, and the requirements of such section shall be deemed to be no longer applicable to the individual. ``(c) Revocation of Remaining Transferred Entitlement.-- ``(1) Election to revoke.--If, on the date an individual described in paragraph (1)(A) or (1)(C) of subsection (a) makes an election under that subsection, a transfer of the entitlement of the individual to basic educational assistance under section 3020 of this title is in effect and a number of months of the entitlement so transferred remain unutilized, the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized. ``(2) Availability of revoked entitlement.--Any entitlement revoked by an individual under this paragraph shall no longer be available to the dependent to whom transferred, but shall be available to the individual instead for educational assistance under chapter 33 of this title in accordance with the provisions of this section. ``(3) Availability of unrevoked entitlement.--Any entitlement described in paragraph (1) that is not revoked by an individual in accordance with that paragraph shall remain available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under section 3020 of this title. ``(d) Post-9/11 Educational Assistance.-- ``(1) In general.--Subject to paragraph (2) and except as provided in subsection (e), an individual making an election under subsection (a) shall be entitled to educational assistance under this chapter in accordance with the provisions of this chapter, instead of basic educational assistance under chapter 30 this title, or educational assistance under chapter 107, 1606, or 1607 of title 10, as applicable. ``(2) Limitation on entitlement for certain individuals.-- In the case of an individual making an election under subsection (a) who is described by paragraph (1)(A) of that subsection, the number of months of entitlement of the individual to educational assistance under this chapter 33 shall be the number of months equal to-- ``(A) the number of months of unused entitlement of the individual under chapter 30 of this title, as of the date of the election, plus ``(B) the number of months, if any, of entitlement revoked by the individual under subsection (c)(1). ``(e) Continuing Entitlement to Educational Assistance Not Available Under 9/11 Assistance Program.-- ``(1) In general.--In the event educational assistance to which an individual making an election under subsection (a) would be entitled under chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable, is not authorized to be available to the individual under the provisions of this chapter the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter. ``(2) Charge for use of entitlement.--The utilization by an individual of entitlement under paragraph (1) shall be chargeable against the entitlement of the individual to educational assistance under this chapter at the rate of one month of entitlement under this chapter for each month of entitlement utilized by the individual under paragraph (1) (as determined as if such entitlement were utilized under the provisions of chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable). ``(f) Additional Post-9/11 Assistance for Members Having Made Contributions Toward GI Bill.-- ``(1) Additional assistance.--In the case of an individual making an election under subsection (a) who is described by subparagraph (A), (C), or (E) of paragraph (1) of that subsection, the amount of educational assistance payable to the individual under this chapter 33 as a monthly stipend payable under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) of that section (as applicable), shall be the amount otherwise payable as a monthly stipend under the applicable paragraph increased by the amount equal to-- ``(A) the total amount of contributions toward basic educational assistance made by the individual under section 3011(b) or 3012(c) of this title, as of the date of the election, multiplied by ``(B) the fraction-- ``(i) the numerator of which is-- ``(I) the number of months of entitlement to basic educational assistance under chapter 30 of this title remaining to the individual at the time of the election; plus ``(II) the number of months, if any, of entitlement under such chapter 30 revoked by the individual under subsection (c)(1); and ``(ii) the denominator of which is 36 months. ``(2) Months of remaining entitlement for certain individuals.--In the case of an individual covered by paragraph (1) who is described by subsection (a)(1)(E), the number of months of entitlement to basic educational assistance remaining to the individual for purposes of paragraph (1)(B)(i)(II) shall be 36 months. ``(3) Timing of payment.--The amount payable with respect to an individual under paragraph (1) shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under paragraph (1)(B) of section 3313(c) of this title, or under subsections (b) through (g) of that section (as applicable), before the exhaustion of the individual's entitlement to educational assistance under this chapter. ``(g) Continuing Entitlement to Additional Assistance for Critical Skills or Speciality and Additional Service.--An individual making an election under subsection (a)(1) who, at the time of the election, is entitled to increased educational assistance under section 3015(d) of this title, or section 16131(i) of title 10, or supplemental educational assistance under subchapter III of chapter 30 of this title, shall remain entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement to educational assistance under this chapter, in an amount equal to the quarter, semester, or term, as applicable, equivalent of the monthly amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election. ``(h) Alternative Election by Secretary.-- ``(1) In general.--In the case of an individual who, on or after January 1, 2016, submits to the Secretary an election under this section that the Secretary determines is clearly against the interests of the individual, the Secretary may make an alternative election on behalf of the individual that the Secretary determines is in the best interests of the individual. ``(2) Notice.--If the Secretary makes an election on behalf of an individual under this subsection, the Secretary shall notify the individual by not later than seven days after making such election and shall provide the individual with a 30-day period, beginning on the date of the individual's receipt of such notice, during which the individual may modify or revoke the election made by the Secretary on the individual's behalf. The Secretary shall include, as part of such notice, a clear statement of why the alternative election made by the Secretary is in the best interests of the individual as compared to the election submitted by the individual. The Secretary shall provide the notice required under this paragraph by electronic means whenever possible. ``(i) Irrevocability of Elections.--An election under subsection (a) or (c)(1) is irrevocable.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``3326. Election to receive educational assistance.''. (c) Conforming Repeal.--Subsection (c) of section 5003 of the Post- 9/11 Veterans Educational Assistance Act of 2008 (Public Law 110-252; 38 U.S.C. 3301 note) is hereby repealed. SEC. 5. CENTRALIZED REPORTING OF VETERAN ENROLLMENT BY CERTAIN GROUPS, DISTRICTS, AND CONSORTIUMS OF EDUCATIONAL INSTITUTIONS. (a) In General.--Section 3684(a) of title 38, United States Code, is amended-- (1) in paragraph (1), by inserting ``32, 33,'' after ``31,''; and (2) by adding at the end the following new paragraph: ``(4) For purposes of this subsection, the term `educational institution' may include a group, district, or consortium of separately accredited educational institutions located in the same State that are organized in a manner that facilitates the centralized reporting of the enrollments in such group, district, or consortium of institutions.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to reports submitted on or after the date of the enactment of this Act. SEC. 6. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT TO EDUCATIONAL ASSISTANCE. (a) In General.--Subchapter II of chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3699. Provision of certain information to educational institutions ``For each veteran or other individual pursuing a course of education that has been approved under this chapter using educational assistance to which the veteran or other individual is entitled under chapter 30, 32, 33, or 35 of this title, the Secretary shall make available to the educational institution offering the course information about the amount of such educational assistance to which the veteran or other individual is entitled. Such information shall be provided to such educational institution through an Internet website and shall be regularly updated to reflect any amounts used by the veteran or other individual.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3698 the following new item: ``3699. Provision of certain information to educational institutions.''.", "summary": "GI Bill Processing Improvement Act of 2015 Directs the Secretary of Veterans Affairs (VA) to alter the information technology system of the Veterans Benefits Administration to ensure that: (1) all claims for post-9/11 educational assistance are electronically adjudicated, to the maximum extent possible; and (2) rule-based processing is used to decide such claims with little human intervention. Changes from July 1, 2015, to July 1, 2016, the effective date of the requirement that the Secretary disapprove, for purposes of the All-Volunteer Force and the Post-9/11 Educational Assistance programs, courses of education provided by a public educational institution of higher education that charges veterans living in the state higher tuition and fees than it charges in-state residents, regardless of the veterans' state of residence. Allows individuals to elect to convert their educational assistance to the post-9/11 veterans' educational assistance program if, as of August 1, 2009, they meet specified conditions with respect to their entitlements and elections under the all-volunteer force educational assistance program or certain other educational programs for professional military, selected reserve, or reserve component members. Conditions such post-9/11 program eligibility on the individual meeting the requirements for the post-9/11 program as of the date of election. Sets forth transitional rules with respect to the transfer or revocation of entitlements from a previous assistance program after an election to convert to the post-9/11 program. Requires certain assistance to remain available to individuals under their previous program if it is not available under the post-9/11 program. Authorizes the Secretary, if an individual submits an election that the Secretary determines is against the interests of the individual, to make an alternative election on the individual's behalf. Allows such individual, during a specified period, to modify or revoke the Secretary's alternative selection. Requires individuals and educational institutions participating in the post-Vietnam era and post-9/11 veterans' educational assistance programs, in addition to those participating in the VA's other educational assistance programs, to report to the Secretary such enrollment and any updates on interruption or termination of the education (thereby making the enrollment reporting requirements for the post-Vietnam and post-9/11 programs consistent with other veterans' educational programs). Defines "educational institution" to permit the inclusion of groups, districts, or consortiums of separately accredited educational institutions in the same state that are organized in a manner facilitating the centralized reporting of enrollments. Directs the Secretary to make available to educational institutions, through an Internet website, information on the amount of educational assistance to which their students are entitled under the all-volunteer force, post-Vietnam era, post-9/11, and survivors' and dependents' educational assistance programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Close the Revolving Door Act of 2010''. SEC. 2. LIFETIME BAN ON MEMBERS OF CONGRESS FROM LOBBYING. (a) In General.--Section 207(e)(1) of title 18, United States Code, is amended to read as follows: ``(1) Members of congress.--Any person who is a Senator, a Member of the House of Representatives or an elected officer of the Senate or the House of Representatives and who after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator, Member, or elected official seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.''. (b) Conforming Amendment.--Section 207(e)(2) of title 18, United States Code, is amended-- (1) in the caption, by striking ``Officers and staff'' and inserting ``Staff''; and (2) by striking ``an elected officer of the Senate, or''. SEC. 3. CONGRESSIONAL STAFF. Paragraphs (2), (3), (4), (5)(A), and (6)(A) of section 207(e) of title 18, United States Code, is amended by striking ``1 year'' and inserting ``6 years''. SEC. 4. IMPROVED REPORTING OF LOBBYISTS ACTIVITIES. Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended by inserting at the end the following: ``(c) Joint Web Site.-- ``(1) In general.--The Secretary of the Senate and the Clerk of the House of Representatives shall maintain a joint lobbyist disclosure Internet database for information required to be publicly disclosed under this Act which shall be an easily searchable Web site called lobbyists.gov with a stated goal of simplicity of usage. ``(2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $100,000 for fiscal year 2011.''. SEC. 5. LOBBYIST REVOLVING DOOR TO CONGRESS. (a) In General.--Any person who is a registered lobbyist or an agent of a foreign principal may not within 6 years after that person leaves such position be hired by a Member or committee of either House of Congress with whom the registered lobbyist or an agent of a foreign principal has had substantial lobbying contact. (b) Waiver.--This section may be waived in the Senate or the House of Representatives by the Committee on Ethics or the Committee on Standards of Official Conduct based on a compelling national need. (c) Substantial Lobbying Contact.--For purposes of this section, in determining whether a registered lobbyist or agent of a foreign principal has had substantial lobbying contact within the applicable period of time, the Member or committee of either House of Congress shall take into consideration whether the individual's lobbying contacts have pertained to pending legislative business, or related to solicitation of an earmark or other Federal funding, particularly if such contacts included the coordination of meetings with the Member or staff, involved presentations to staff, or participation in fundraising exceeding the mere giving of a personal contribution. Simple social contacts with the Member or committee of either House of Congress and staff, shall not by themselves constitute substantial lobbying contacts. SEC. 6. PAYMENT FOR CHARTER FLIGHTS BY CAMPAIGN FUNDS AND DISCLOSURE OF CERTAIN AIR TRAVEL WITH A LOBBYIST BY A SENATOR. (a) Clarification of Rules on Use of Campaign Funds for Flights on Commercial Aircraft.-- (1) In general.--Paragraph (1) of section 313(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a(c)) is amended-- (A) by striking ``a candidate for election for Federal office (other than a candidate who is subject to paragraph (2)), or any authorized committee of such a candidate, may not make any expenditure for a flight on an aircraft'' in the matter preceding subparagraph (A) and inserting ``in the case of a candidate for election to Federal office (other than a candidate who is subject to paragraph (2)), no political committee may make any expenditure for travel by such a candidate, or for travel on behalf of such a candidate, by means of a flight on an aircraft (regardless of whether such travel is in connection with an election for Federal office)'', and (B) by striking ``candidate, the authorized committee, or other'' in subparagraph (B). (2) Effective date.--The amendment made by this subsection shall apply to flights taken on or after the date of the enactment of this Act. (b) Disclosure.--Paragraph 2(e)(1) of rule XXXV of the Standing Rules of the Senate is amended-- (1) in subclause (C), by striking ``and'' after the semicolon; (2) by inserting after subclause (D) the following: ``(E) the source will submit a list of the names of any registered lobbyist or an agent of a foreign principal on the trip not later than 30 days after the trip; and''. SEC. 7. BAN ON LOBBYISTS MAKING CASH CAMPAIGN CONTRIBUTIONS. Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g) is amended by-- (1) by striking ``No person'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), no person''; and (2) inserting at the end the following: ``(b) Lobbyist.-- ``(1) Total ban.--If the person described in subsection (a) is a lobbyist, the amount referred to in subsection (a) shall be zero. ``(2) Lobbyist.--In this subsection, the term `lobbyist' shall have the same meaning given such term in section 3(10) of the Lobbying Disclosure Act of 1995.''. SEC. 8. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES. The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended by inserting after section 6 the following: ``SEC. 6A. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES. ``(a) In General.--A substantial lobbying entity shall file on an annual basis with the Clerk of the House of Representatives and the Secretary of the United States Senate a list of any employee, individual under contract, or individual who provides paid consulting services who is-- ``(1) a former United States Senator or a former Member of the United States House of Representatives; or ``(2) a former congressional staff person who-- ``(A) made at least $100,000 in any 1 year as a congressional staff person; ``(B) worked for a total of 4 years or more as a congressional staff person; or ``(C) had a job title at any time while employed as a congressional staff person that contained any of the following terms: `Chief of Staff', `Legislative Director', `Staff Director', `Counsel', `Professional Staff Member', `Communications Director', or `Press Secretary'. ``(b) Contents of Filing.--The filing required by this section shall contain a brief job description of each such employee, individual under contract, or individual who provides paid consulting services, and an explanation of their work experience under subsection (a) that requires this filing. ``(c) Improved Reporting of Substantial Lobbying Entities.--The Joint Web site being maintained by the Secretary of the Senate and the Clerk of the House of Representatives, known as lobbyists.gov, shall include an easily searchable database entitled `Substantial Lobbying Entities' that includes qualifying employees, individuals under contract, or individuals who provide paid consulting services, under subsection (a). ``(d) Law Enforcement Oversight.--The Clerk of the House of Representatives and the Secretary of the Senate shall provide a copy of the filings of substantial lobbying entities to the District of Columbia United States Attorney, to allow the District of Columbia United States Attorney to determine whether any such entities are underreporting the Federal lobbying activities of its employees, individuals under contract, or individuals who provide paid consulting services. ``(e) Substantial Lobbying Entity.--In this section, the term `substantial lobbying entity' means an incorporated entity that employs more than 3 federally registered lobbyists during a filing period.''. SEC. 9. ENHANCED PENALTIES. Section 7(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606(a)) is amended by striking ``$200,000'' and inserting ``$500,000''.", "summary": "Close the Revolving Door Act of 2010 - Amends the federal criminal code to impose a permanent ban (currently, a two-year ban) on lobbying contacts by any former Member of Congress or elected officer of the Senate or the House of Representatives with any Member, officer, or employee of either house of Congress or any employee of any other legislative office. Provides for a six-year lobbying ban (currently, a one-year ban) on former congressional staff. Amends the Lobbying Disclosure Act of 1995 to: (1) require the Secretary of the Senate and the Clerk of the House of Representatives to maintain a joint Internet website for the disclosure of lobbying activity called \"lobbyist.gov;\" (2) require a substantial lobbying entity (defined as an incorporated entity that employs more than three federally-registered lobbyists during a filing period) to file annually with the Secretary and Clerk a list of any employee or contractor who is a former Member of Congress or congressional staff person who made at least $100,000 in any one year, who worked for a total of four years or more in that capacity, or who had a job title that contained the terms Chief of Staff, Legislative or Staff Director, Counsel, Professional Staff Member, Communications Director, or Press Secretary; (3) require the Secretary and the Clerk to provide a copy of the filings of substantial lobbying entities to the U.S. Attorney for the District of Columbia; and (4) increase from $200,000 to $500,000 the civil penalty for intentional failure to correct a defective filing of lobbying activity. Prohibits any person who is a registered lobbyist or an agent of a foreign principal, within six years after leaving such position, from being hired by a Member or committee of either house of Congress with whom that lobbyist or agent has had substantial lobbying contact, subject to a waiver based on a compelling national need. Amends the Federal Election Campaign Act of 1971 to prohibit: (1) a political committee from making any expenditure or reimbursement for noncommercial air travel by a candidate for federal office; and (2) a lobbyist from making any contribution of U.S. or foreign currency to or for the benefit of any candidate for federal office."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydroelectric Licensing Process Improvement Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) hydroelectric power is an irreplaceable source of clean, economic, renewable energy with the unique capability of supporting reliable electric service while maintaining environmental quality; (2) hydroelectric power is the leading renewable energy resource of the United States; (3) hydroelectric power projects provide multiple benefits to the United States, including recreation, irrigation, flood control, water supply, and fish and wildlife benefits; (4) in the next 15 years, the bulk of all non-Federal hydroelectric power capacity in the United States is due to be relicensed by the Federal Energy Regulatory Commission; and (5) the process of licensing hydroelectric projects by the Commission-- (A) has become inefficient, because Federal agencies that participate in the process are not required to submit their mandatory and recommended conditions to the license by a time certain; and (B) does not produce optimal decisions, because the agencies are not required to consider a broad range of factors in determining those conditions. SEC. 3. PURPOSE. The purpose of this Act is to improve the hydroelectric licensing process by-- (1) authorizing the Federal Energy Regulatory Commission to impose deadlines by which Federal agencies must submit proposed mandatory and recommended conditions to a license; (2) requiring the agencies to consider a broad range of factors in determining those conditions and to document the consideration of those factors; and (3) making other improvements to the licensing process. SEC. 4. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. (a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a et seq.) is amended by adding at the end the following: ``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. ``(a) Definitions.--In this section: ``(1) Condition.--The term `condition' means-- ``(A) a condition to a license for a project on a Federal reservation determined by a consulting agency for the purpose of the first proviso of section 4(e); and ``(B) a prescription relating to the construction, maintenance, or operation of a fishway determined by a consulting agency for the purpose of the first sentence of section 18. ``(2) Consulting agency.--The term `consulting agency' means-- ``(A) in relation to a condition described in paragraph (1)(A), the Federal agency with administrative jurisdiction over the reservation; and ``(B) in relation to a condition described in paragraph (1)(B), the Secretary of the Interior or the Secretary of Commerce, as appropriate. ``(b) Factors To Be Considered.-- ``(1) In general.--In determining a condition, a consulting agency shall take into consideration-- ``(A) the impacts of the condition on-- ``(i) economic and power values; ``(ii) electric generation capacity and system reliability; ``(iii) air quality; and ``(iv) drinking, flood control, irrigation, navigation, or recreation water supply; and ``(B) compatibility with other conditions to be included in the license, including mandatory conditions of other agencies, when available. ``(2) Documentation.-- ``(A) In general.--In the course of the consideration of factors under paragraph (1) and before any review under subsection (e), a consulting agency shall create written documentation detailing, among other pertinent matters, all proposals made, comments received, facts considered, and analyses made regarding each of those factors sufficient to demonstrate that each of the factors was given full consideration in determining the condition to be submitted to the Commission. ``(B) Submission to the commission.--A consulting agency shall include the documentation under subparagraph (A) in its submission of a condition to the Commission. ``(c) Scientific Review.-- ``(1) In general.--Each condition determined by a consulting agency shall be subjected to appropriately substantiated scientific review. ``(2) Data.--For the purpose of paragraph (1), a condition shall be considered to have been subjected to appropriately substantiated scientific review if the review-- ``(A) was based on current empirical data or field- tested data; and ``(B) was subjected to peer review. ``(d) Relationship to Impacts on Federal Reservation.--In the case of a condition for the purpose of the first proviso of section 4(e), each condition determined by a consulting agency shall be directly and reasonably related to the impacts of the project within the Federal reservation. ``(e) Administrative Review.-- ``(1) Opportunity for review.--Before submitting to the Commission a proposed condition, and before a license applicant files a license application with the Commission, a consulting agency shall provide a license applicant an opportunity to obtain expedited review before an administrative law judge or other independent reviewing body of-- ``(A) the reasonableness of the condition in light of the effect that implementation of the condition will have on the energy and economic values of a project; and ``(B) compliance by the consulting agency with the requirements of this section, including the requirement to consider the factors described in subsection (b)(1). ``(2) Completion of review.-- ``(A) In general.--A review under paragraph (1) shall be completed not more than 180 days after the license applicant notifies the consulting agency of the request for review. ``(B) Failure to make timely completion of review.--If a consulting agency does not provide a license applicant a timely opportunity to review a proposed condition, the Commission may treat a condition submitted by the consulting agency as a recommendation is treated under section 10(j). ``(3) Remand.--If the administrative law judge or reviewing body finds that a proposed condition is unreasonable or that the consulting agency failed to comply with any of the requirements of this section, the administrative law judge or reviewing body shall-- ``(A) render a decision that-- ``(i) explains the reasons for a finding that the condition is unreasonable and may make recommendations that the administrative law judge or reviewing body may have for the formulation of a condition that would not be found unreasonable; or ``(ii) explains the reasons for a finding that a requirement was not met and may describe any action that the consulting agency should take to meet the requirement; and ``(B) remand the matter to the consulting agency for further action. ``(4) Submission to the commission.--Following administrative review under this subsection, a consulting agency shall-- ``(A) take such action as the consulting agency determines to be appropriate to formulate a condition that is not unreasonable or to comply with the requirements of this section; and ``(B) include with its submission to the Commission of a proposed condition-- ``(i) the record on administrative review; and ``(ii) documentation of any action taken following administrative review. ``(f) Deadline for Submission of Conditions.-- ``(1) In general.--After an applicant files with the Commission an application for a license, the Commission may set a date by which a consulting agency shall file with the Commission a recommended or established condition. ``(2) Limitation.--Except as provided in paragraph (3), the date for submission shall be not greater than 1 year after the date on which the Commission gives the consulting agency notice that a license application is ready for environmental review. ``(3) Default.--If a consulting agency does not file a recommended or established condition to a license by the date set under paragraph (1)-- ``(A) the consulting agency shall not thereafter have authority to recommend or establish a condition to the license; and ``(B) the Commission may, but shall not be required to, recommend or establish an appropriate condition to the license that-- ``(i) furthers the interest sought to be protected by the provision of law that authorizes the consulting agency to propose or establish a condition to the license; and ``(ii) conforms to the requirements of this Act. ``(4) Extension.--The Commission may make 1 extension, of not more than 30 days, of a deadline set under paragraph (1). ``(g) Economic Analysis By the Commission.--The Commission shall conduct an economic analysis of each condition submitted by a consulting agency to determine whether the condition would render the project uneconomic. ``(h) Commission Determination on Effect of Conditions.--When requested by a license applicant in a request for rehearing, the Commission shall make a written determination on whether a condition submitted by a consulting agency is-- ``(1) in the public interest, as measured by the impact of the condition on the factors described in subsection (b)(1); ``(2) reasonable; ``(3) supported by substantial evidence; and ``(4) consistent with this Act and other terms and conditions to be included in the license.''. (b) Conforming and Technical Amendments.-- (1) Section 4.--Section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) is amended in the first proviso of the first sentence by inserting after ``conditions'' the following: ``, determined in accordance with section 32,''. (2) Section 18.--Section 18 of the Federal Power Act (16 U.S.C. 811) is amended in the first sentence by striking ``prescribed by the Secretary of Commerce'' and inserting ``prescribed, in accordance with section 32, by the Secretary of the Interior or the Secretary of Commerce, as appropriate''. SEC. 5. COORDINATED ENVIRONMENTAL REVIEW PROCESS. Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as amended by section 3) is amended by adding at the end the following: ``SEC. 33. COORDINATED ENVIRONMENTAL REVIEW PROCESS. ``(a) Lead Agency Responsibility.--The Commission, as the lead agency for environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects licensed under this part, shall conduct a single consolidated environmental review for each such project. ``(b) Deadlines.-- ``(1) In general.--The Commission shall set a deadline for the submission of comments by Federal, State, and local government agencies in connection with the preparation of any environmental impact statement or environmental assessment required for a project. ``(2) Considerations.--In setting a deadline under paragraph (1), the Commission shall take into consideration-- ``(A) the need of the license applicant for a prompt and reasonable decision; ``(B) the resources of interested Federal, State, and local government agencies; and ``(C) applicable statutory requirements.''. SEC. 6. STUDY OF SMALL HYDROELECTRIC PROJECTS. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Federal Energy Regulatory Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Commerce of the House of Representatives a study of the feasibility of establishing a separate licensing procedure for small hydroelectric projects. (b) Definition of Small Hydroelectric Project.--The Commission may by regulation define the term ``small hydroelectric project'' for the purpose of subsection (a), except that the term shall include at a minimum a hydroelectric project that has a generating capacity of 5 megawatts or less.", "summary": "Hydroelectric Licensing Process Improvement Act of 1998 - Amends the Federal Power Act to prescribe factors which Federal agency participants in Federal Energy Regulatory Commission (FERC) hydroelectric license renewal process (consulting agencies) must consider and document when setting forth conditions for such renewals, including the economic impact of such conditions as well as air quality, flood control, irrigation, navigation, and recreation and drinking water supply. Requires that each condition be subjected to appropriately substantiated scientific peer review based on current empirical data or field-tested data. Requires such consulting agency to provide a license applicant opportunity to obtain expedited administrative review of its proposed conditions before filing a FERC application. Empowers the reviewing body to remand the matter to such agency if the reviewer finds the agency's proposed conditions do not comply with this Act. Sets a one-year deadline by which a consulting agency must file its proposed licensing conditions with FERC. Directs FERC to: (1) conduct an economic analysis of each condition submitted by a consulting agency to determine whether it would render the project uneconomic; (2) conduct a single consolidated environmental review for each licensed project pursuant to its status as lead agency for environmental reviews; and (3) set a deadline for the submission of comments by Federal, State, and local government agencies regarding any environmental impact or assessment required for a project. Instructs FERC to consider the need of license applicants for a prompt decision when setting such deadlines. Directs FERC to study and report to certain congressional committees on the feasibility of establishing a separate licensing procedure for small hydroelectric projects with a generating capacity of five megawatts or less."}
{"article": "SECTION 1. NATIONAL BIOLOGICAL DATA CENTER. (a) In General.--The Secretary of the Interior, acting through the United States Geological Survey, shall-- (1) establish a national biological data center (in this Act referred to as the ``center'') to collect nonhuman biological data and make such data available for public use; and (2) seek to enter into a contract with a small business for the purpose of managing the center. (b) Contract Term.--The contract under subsection (a) shall have a term of 10 years. (c) Entity Selection.-- (1) Competitive procedures.--The Secretary shall use competitive procedures (as defined in section 4(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(5))) to enter into the contract under subsection (a). (2) Qualification requirements.--To qualify to participate in the competitive procedures under paragraph (1), a small business shall have-- (A) no more than 500 employees; (B) demonstrated expertise in-- (i) managing scientific and technical information; (ii) implementing scientific information projects; (iii) presenting scientific data in an objective manner; and (iv) managing interagency collaborations related to scientific and technical information; (C) demonstrated involvement with biodiversity information programs and the National Biological Information Infrastructure of the United States Geological Survey (through partnership or other form of collaboration); and (D) a demonstrated ability and willingness to partner with a research university and a national laboratory with expertise in biodiversity and computational sciences. (d) Leadership.--The head of the center shall be appointed by the Secretary, in consultation with the program director of the National Biological Information Infrastructure. (e) Duties of the National Biological Data Center.--The duties of the center shall be determined by the Secretary and shall include, at a minimum, the following activities: (1) Collect nonhuman biological data from Federal, public, private, and nonprofit entities, including-- (A) the National Biological Information Infrastructure; and (B) institutions and organizations that partner with the National Biological Information Infrastructure. (2) Develop partnerships with public and private entities that are nationally recognized for computational capabilities and computer capacity to allow the center to efficiently develop a digital network for the storage and retrieval of data collected under paragraph (1). (3) Develop partnerships with academic and scientific institutions in the United States to increase the quantity of data-- (A) collected under paragraph (1); and (B) made available for public use under paragraph (4). (4) Subject to Federal statutes and regulations relating to the disclosure of information collected under paragraph (1), including statutes and regulations related to intellectual property and section 552 of title 5, United States Code, make available for use by Federal, State, and local governments and members of the public any federally funded data collected under paragraph (1). (5) Make the data described in paragraph (4) available-- (A) through a single electronic search function; or (B) in any case in which such data is not electronically maintained, at a one location. (6) Organize and manage data collected under paragraph (1) in a manner that-- (A) enables efficient and effective use of the data by the public; (B) presents the data in an objective manner; and (C) is consistent with efforts made by the National Biological Information Infrastructure to organize and manage nonhuman biological data for public use. (7) Prepare compilations that combine data from multiple data sets to improve the ease of use of such data sets by Federal, State, and local governments and by members of the public. (8) Conduct public awareness activities that promote the use of the data made available under paragraph (4) for purposes of encouraging-- (A) economic development; (B) the development of public policy (including policy relating to land use, economic development, conservation, and preservation); (C) scientific research; and (D) science, technology, engineering, and mathematics education. (9) Hold an annual conference on nonhuman biological data collection for experts from Federal, State, and local governments and public and private entities for the purpose of providing advice to the head of the center related to improving the performance of the center. (10) Collect fees from State and local governments and members of the public for the use of-- (A) compilations prepared under paragraph (7); and (B) other products produced by the center, except that the center may not collect a fee solely for accessing data collected by the center from another source. (f) Duties of Other Entities.-- (1) In general.--Subject to Federal statutes and regulations relating to the disclosure of information collected under subsection (d)(1), including statutes and regulations related to intellectual property and section 552 of title 5, United States Code, any entity that collects or stores federally funded data on or after the end of the one-year period beginning on the date of enactment of this Act shall submit or make available such data to the center, in a form and manner described in standards published by the center, unless such data has been submitted to the National Biological Information Infrastructure. (2) National biological information infrastructure.-- Subject to Federal statutes and regulations relating to the disclosure of information collected under subsection (d)(1), including statutes and regulations related to intellectual property and section 552 of title 5, United States Code, the National Biological Information Infrastructure shall submit or make available to the center, in a form and manner described in standards published by the center, all federally funded data that it stores or receives. (g) Availability of Fees.--Subject to appropriation, fees collected under subsection (d)(10) shall remain available for use by the center for activities under subsection (d). (h) Reports.-- (1) Annual report to secretary.--Not later than January 1 of each year following the date of enactment of this Act, the head of the center shall submit to the Secretary of the Interior an annual report containing-- (A) information on the activities of the center during the preceding fiscal year and the plans of the center for activities in the current fiscal year; and (B) such additional information as the Secretary may require. (2) Annual report to congress.--Not later than April 1 of each year following the date of enactment of this Act, the Secretary of the Interior shall submit to Congress an annual report on-- (A) information on the activities of the center during the preceding fiscal year and the plans of the center for activities in the current fiscal year; and (B) the administration of the contract entered into under subsection (a). (i) Federally Funded Data Defined.--For purposes of this Act, the term ``federally-funded data'' means nonhuman biological data that is collected, maintained, or stored, in whole or in part, through the use of Federal funds. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $8,000,000 per fiscal year. Amounts appropriated under this subsection shall remain available until expended.", "summary": "Directs the Secretary of the Interior, acting through the U.S. Geological Survey, to: (1) establish a National Biological Data Center to collect nonhuman biological data and make such data available for public use; and (2) contract with a small business to manage the Center. Sets forth duties of the Center, including the collection of nonhuman biological data from federal, public, private, and nonprofit entities and the development of partnerships with public and private entities, academic and scientific institutions to allow the Center to develop a digital network for the storage and retrieval of nonhuman biological data."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security In Transit Act'' or the ``SAFER TRANSIT Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Nationwide, Americans rely on 6,800 public transportation systems for their daily commute. Every weekday, public transportation riders take 35,000,000 trips. Public transportation significantly improves quality of life, saving Americans who live in areas served by public transportation systems nearly 865,000,000 hours in travel time annually. (2) Increasingly, public transportation is becoming a target of terrorist activity. (3) In 2004, terrorists simultaneously detonated explosives concealed inside backpacks on Madrid's commuter train system, killing 191 and injuring nearly 2000. (4) In 2005, four suicide bombers attacked London's public transportation system, killing 52. (5) In 2011, authorities discovered an improvised explosives device near Amtrak and commuter train tracks. The same year, German police found multiple firebombs alongside high-speed rail tracks and in tunnels leading into train stations. (6) On March 22, 2016, a coordinated terrorist attack targeted both the Brussels Airport and a metro station in the city killing 32 and injuring nearly 300 travelers. (7) According to the Global Terrorism Database, there were 57 terror attacks on transportation from 2006 to 2014. (8) To ensure the continued effectiveness of public transportation, the Federal Government must balance transit system security and accessibility. (9) The Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53), conferred to the Department of Homeland Security the responsibility for assuring public transportation security. (10) A May 2016 report by the Inspector General of the Department of Homeland Security found that the Transportation Security Administration has limited regulatory oversight of Amtrak's passenger security. (11) A May 2016 report by the Government Accountability Office recommended that the Federal Air Marshal Service undertake a number of measures to ensure resources are allocated according to risk assessments. (12) Congress must provide the agencies and municipalities with the necessary resources to combat terrorism, and continue to conduct oversight of their effective use. SEC. 3. RAIL SECURITY. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Office of Management and Budget, shall submit to Congress a report on the plan of the Secretary to expedite the implementation of the requirements of subtitle B of title XV of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1161 et seq.) to-- (1) assign rail carriers to high-risk tiers; and (2) establish a rail security training program. SEC. 4. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS. (a) Authorization of Appropriations.--Section 1303(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1112) is amended by striking ``fiscal years 2016 through 2018'' and inserting ``fiscal years 2016 through 2020''. (b) Surface Transportation Security Inspectors.--Section 1304(j) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1113) is amended by striking ``this section'' and all that follows and inserting ``this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 5. PUBLIC TRANSPORTATION SECURITY RESEARCH AND DEVELOPMENT. Section 1409(h) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1138) is amended by striking ``to make grants'' and all that follows and inserting ``to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 6. RAILROAD SECURITY. Section 1513(i)(1) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1163) is amended by striking ``Out of funds'' and all that follows and inserting: ``There are authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 7. OVER-THE-ROAD BUS SECURITY ASSISTANCE. Section 1532(k)(1) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1182) is amended by striking ``From amounts'' and all that follows and inserting ``There are authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 8. PUBLIC TRANSIT SECURITY POLICE TRAINING PROGRAM. (a) In General.--The Secretary of Homeland Security shall develop a program, to be known as the ``Local Transit Security Instructor Training Program'', which shall be carried out at the Federal Law Enforcement Training Centers. (b) Contents.--The program developed under subsection (a) shall be an intensive training program designed to-- (1) cover the comprehensive tactical subject matters pertaining to the unique nature of public transit operational environments and threats; (2) provide high-quality training and instill the knowledge, skills, and aptitudes needed for the highest proficiency in transit security; and (3) leverage the existing skills of trainee officers by emphasizing leadership, teach backs, and adult learning as well as the traditional technical skills needed by field training officers. (c) Availability.--The Secretary shall make such program available to law enforcement agencies that are eligible for the Homeland Security Grant Program under section 2002 of the Homeland Security Act of 2002 (6 U.S.C. 603) and have jurisdiction over a geographic area where a public transit system operates rail or bus service. SEC. 9. EFFECTIVENESS OF FEDERAL AIR MARSHAL PROGRAM. The Secretary of Homeland Security shall take such steps as may be necessary to ensure that the Federal Air Marshal Service (hereinafter in this section referred to as the ``FAMS'') uses its resources to cover the highest-risk flights. In carrying out this section, the Secretary shall-- (1) consider risk when determining how to divide the international flight coverage resources of the FAMS among international destinations, incorporate risk into the method of the FAMS for initially setting its annual target numbers of average daily international and domestic flights; (2) conduct and document a risk assessment to further support the domestic resource allocation decisions of the FAMS, including the identification of high-priority geographic areas; (3) in conducting such risk assessment, evaluate the threat environment with regard to each of the different modes of transportation supported by the FAMS to inform resource allocation decisions, including the identification of high- priority modes of transportation; (4) document the rationale for the selection of international destinations by FAMS for air marshal deployment and the proportion of flights to cover at each destination; (5) adopt a consistent name and definition for the performance measure referred to as the TSA coverage score that accurately reflects its calculation method and composite nature; and (6) report the performance results for each of the subcategories that comprise the TSA coverage score to FAMS and TSA leadership. SEC. 10. CBRNE DETECTORS ABOARD PUBLIC TRANSPORTATION. The Secretary of Homeland Security shall direct the Directorate of Science and Technology of the Department of Homeland Security to prioritize research of scalable, cost-effective technology solutions to detect chemical, biological, radiological, nuclear, and explosive threats aboard public transportation of all modes that are capable continuous, real-time sensing and detection of, and alerting passengers and operating personnel to the presence of such a threat.", "summary": "Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security in Transit Act or the SAFER TRANSIT Act This bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to reauthorize through FY2020 the Visible Intermodal Prevention and Response (VIPR) program and other specified activities related to public transportation security. The Department of Homeland Security (DHS) must: (1) develop a Local Transit Security Instructor Training Program, and (2) take steps necessary to ensure that the Federal Air Marshal Service uses its resources to cover the highest-risk flights. DHS shall direct the Directorate of Science and Technology to prioritize research of scalable, cost-effective technology solutions to detect chemical, biological, radiological, nuclear, and explosive threats abroad public transportation that are capable of continuous, real-time detecting of, and alerting passengers and operating personnel to, such threats."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Samaritan Charitable Physicians' Services Act of 2018''. SEC. 2. DEDUCTION FOR QUALIFIED CHARITY CARE. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 199B. QUALIFIED CHARITY CARE. ``(a) In General.--There shall be allowed as a deduction for the taxable year an amount equal to-- ``(1) in the case of a direct primary care physician, an amount equal to the sum of-- ``(A) the fee (as published on a publicly available website of such physician) for physicians' services that are qualified charity care furnished by such taxpayer during such year, and ``(B) for each visit by a patient to such physician during which qualified charity care is furnished, half of so much of the lowest subscription fee of such physician that is attributable to a month, and ``(2) in the case of any other individual, the unreimbursed Medicare-based value of qualified charity care furnished by such taxpayer during such year. ``(b) Definitions.--For purposes of this section: ``(1) Unreimbursed medicare-based value.--The term `unreimbursed Medicare-based value' means, with respect to physicians' services, the amount payable for such services under the physician fee schedule established under section 1848 of the Social Security Act. ``(2) Qualified charity care.--The term `qualified charity care' means physicians' services that are furnished-- ``(A) without expectation of reimbursement, and ``(B) to an individual enrolled-- ``(i) under a State plan under title XIX of the Social Security Act (or a waiver of such plan), or ``(ii) under a State child health plan under title XXI of the Social Security Act (or a waiver of such plan). ``(3) Direct primary care physician.--The term `direct primary care physician' means a physician (as defined in section 1861(r) of the Social Security Act) who provides primary care-- ``(A) to individuals who have paid a periodic subscription fee, and ``(B) in exchange for a fee that is published on a publicly available website of such physician. ``(4) Physicians' services.--The term `physicians' services' has the meaning given such term by section 1861(q) of the Social Security Act. ``(c) Limitation.--The amount allowed as a deduction under subsection (a) for a taxable year shall not exceed the gross receipts attributable to physicians' services furnished by the taxpayer during the taxable year.''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 199B. Qualified charity care.''. SEC. 3. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE PROFESSIONALS. (a) In General.--Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 224 the following: ``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE PROFESSIONALS. ``(a) Limitation on Liability.--A physician shall not be liable under Federal or State law in any civil action for any harm caused by an act or omission of such physician, or attending medical personnel supporting such physician, if such act or omission-- ``(1) occurs in the course of furnishing qualified charity care (as such term is defined in section 199B of the Internal Revenue Code of 1986); and ``(2) was not grossly negligent. ``(b) Preemption.--This section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability for a defendant. ``(c) Definitions.--In this section: ``(1) Physician.--The term `physician' has the meaning given such term by section 1861(r) of the Social Security Act. ``(2) Attending medical personnel.--The term `attending medical personnel' means an individual who is licensed to directly support a physician in furnishing medical services.''. (b) Effective Date.--The amendments made by this section shall apply to any claim filed to the extent that it is with respect to acts or omissions occurring after the date of the enactment of this Act.", "summary": "Good Samaritan Charitable Physicians' Services Act of 2018 This bill amends the Internal Revenue Code to allow a tax deduction for direct primary care physicians who provide charity care. The care must be provided without expectation of reimbursement and to an individual enrolled in Medicaid or the Children's Health Insurance Program (CHIP). A \"direct primary care physician\" is a physician who provides primary care: (1) to individuals who have paid a periodic subscription fee, and (2) in exchange for a fee that is published on a publicly available website of the physician. The bill also amends the Public Health Service Act to specify that a physician is not liable under federal or state law for harm caused by an act or omission of the physician, or attending medical personnel supporting the physician, if the act or omission: (1) occurs in the course of furnishing charity care, and (2) was not grossly negligent. The bill preempts laws of a state or a political subdivision of the state that are inconsistent with this provision, unless the laws provide greater protection from liability for a defendant."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Relief Act of 2007''. SEC. 2. REFUNDABLE CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS. (a) Allowance of Credit.-- (1) In general.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS. ``(a) Allowance of Credit.--In the case of a previously uninsured individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid by the taxpayer during such taxable year for health insurance coverage for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $1,000 ($2,000 in the case of a joint return filed by 2 previously uninsured individuals). ``(c) Definitions.--For purposes of this section-- ``(1) Previously uninsured individual.--The term `previously uninsured individual' means any individual who had no health insurance coverage at any time during the 6-month period before the earliest date that such individual has health insurance coverage by reason of the payments taken into account under subsection (a). ``(2) Health insurance coverage.--The term `health insurance coverage' has the meaning given to such term by section 9832(b)(1). ``(d) Special Rules.-- ``(1) Coordination with other benefits.--The amount which would (but for this paragraph) be taken into account by the taxpayer under sections 35, 162(l), 213, 220, or 223 for the taxable year shall be reduced by the credit allowed by this section to the taxpayer for such year. ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``, 36,'' after ``35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: ``Sec. 36. Health insurance costs of previously uninsured individuals. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. CREDIT FOR HEALTH INSURANCE EXPENSES OF SMALL BUSINESSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45O. SMALL BUSINESS HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of a small employer, the health insurance credit determined under this section for the taxable year is an amount equal to 35 percent of the expenses paid by the taxpayer during the taxable year for health insurance coverage for such year provided under a new health plan for employees of such employer. ``(b) Limitations.-- ``(1) Per employee dollar limitation.--The amount of expenses taken into account under subsection (a) with respect to any employee for any taxable year shall not exceed-- ``(A) $800 in the case of self-only coverage, and ``(B) $2,000 in the case of family coverage. In the case of an employee who is covered by a new health plan of the employer for only a portion of such taxable year, the limitation under the preceding sentence shall be an amount which bears the same ratio to such limitation (determined without regard to this sentence) as such portion bears to the entire taxable year. ``(2) Period of coverage.--Expenses may be taken into account under subsection (a) only with respect to coverage for the 4-year period beginning on the date the employer establishes a new health plan. ``(3) Employer must bear 65 percent of cost.--Expenses may be taken into account under subsection (a) only if at least 65 percent of the cost of the coverage (without regard to this section) is borne by the employer. ``(c) Definitions.--For purposes of this section-- ``(1) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9832(b)(1). ``(2) New health plan.-- ``(A) In general.--The term `new health plan' means any arrangement of the employer which provides health insurance coverage to employees if-- ``(i) such employer (and any predecessor employer) did not establish or maintain such arrangement (or any similar arrangement) at any time during the 2 taxable years ending prior to the taxable year in which the credit under this section is first allowed, and ``(ii) such arrangement provides health insurance coverage to at least 70 percent of the qualified employees of such employer. ``(B) Qualified employee.--The term `qualified employee' means any employee of an employer and shall include a leased employee within the meaning of section 414(n). ``(3) Small employer.--The term `small employer' has the meaning given to such term by section 4980D(d)(2); except that-- ``(A) only qualified employees shall be taken into account, and ``(B) such section shall be applied by substituting `100 employees' for `50 employees'. ``(d) Special Rules.-- ``(1) Certain rules made applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(2) Amounts paid under salary reduction arrangements.--No amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a). ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2008, each dollar amount contained in subsection (b) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. ``(e) Termination.--This section shall not apply to expenses paid or incurred by an employer with respect to any arrangement established on or after January 1, 2014.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following: ``(32) in the case of a small employer (as defined in section 45O(c)(3)), the health insurance credit determined under section 45O(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(e) Credit for Small Business Health Insurance Expenses.-- ``(1) In general.--No deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45O for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45O(a). ``(2) Controlled groups.--Persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as 1 person for purposes of this section.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: ``Sec. 45O. Small business health insurance expenses.''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2007, for arrangements established after the date of the enactment of this Act.", "summary": "Health Care Relief Act of 2007 - Amends the Internal Revenue Code to allow: (1) a refundable tax credit up to $1,000 for the health insurance coverage costs of a previously uninsured taxpayer, the taxpayer's spouse, and dependents; and (2) certain small business employers a business tax credit for amounts paid under a new health plan for employee health insurance coverage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Women in Trauma Act of 2002''. SEC. 2. FINDINGS. Congress finds as follows: (1) Researchers have concluded that women may experience significant adverse mental health consequences relating to trauma exposure, often the result of sexual or domestic violence. (2) The majority of women suffering from both substance abuse and mental health problems have been victims of rape, incest, or physical or emotional abuse and hundreds of thousands of these same women are also severely beaten by their husbands or a significant male intimate. Surveys have indicated that approximately 1,500,000 children are physically abused each year and 700,000 are victims of sexual abuse. (3) Women with serious mental illnesses are over- represented in samples that experienced trauma, including physical, sexual, and emotional abuse. Between 50 and 70 percent of women hospitalized for psychiatric disorders have a history of trauma. (4) Even for people whose mental health problems are caused by other factors, a history of early physical or sexual abuse leads to the earlier onset of their illness, a more severe course of illness, and a greater likelihood of suicide and other poor outcomes. (5) Trauma exposure is generally prevalent in people who suffer from mental health and substance abuse problems, and can worsen the course and overall impact of these illnesses. (6) In a recent study, 97 percent of homeless women with mental illness were found to have experienced severe physical or sexual abuse and 87 percent experienced this abuse both as children and as adults. (7) Of women in prisons and jails, 80 to 100 percent have been victims of physical and sexual abuse. (8) The prevalence of violence- and trauma-related problems among women with mental health and substance abuse problems is not adequately addressed by most treatment practices. (9) There is an urgent need to provide services that directly address the issue of trauma for women suffering from mental health and substance abuse problems. (10) To improve mental health and substance abuse services for women, further research to expand the development and implementation of trauma-sensitive services is needed as well as additional services to improve access to comprehensive therapeutic interventions and to the support needed to overcome barriers to recovery. SEC. 3. GRANTS TO IMPROVE TREATMENT FOR WOMEN WITH HISTORIES OF TRAUMA. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the end the following: ``SEC. 520K. GRANTS TO IMPROVE TREATMENT FOR WOMEN WITH HISTORIES OF TRAUMA. ``(a) Research Grants.-- ``(1) Grants authorized.-- ``(A) In general.--The Secretary, acting through the Director of the National Institute of Mental Health and in consultation with the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants, contracts, or cooperative agreements to public and nonprofit private entities, as well as Indian tribes and tribal organizations, for the purpose of building the evidence base for new treatment interventions that simultaneously address trauma, substance abuse, and psychiatric disorders, including depression and anxiety disorders (including post-traumatic stress disorder, psychotic and dissociative disorders) and the integration of existing interventions for the treatment of trauma, substance abuse, and psychiatric disorders, including depression and anxiety disorders (including post-traumatic stress disorder, psychotic and dissociative disorders). ``(B) Geographical distribution.--The Secretary shall ensure that grants, contracts, or cooperative agreements awarded pursuant to this paragraph are distributed equitably among regions of the country and among urban and rural areas. ``(C) Duration of awards.--Grants, contracts, or cooperative agreements awarded pursuant to this paragraph may not exceed 5 years. Such grants, contracts, or agreements may be renewed. ``(2) Application.-- ``(A) In general.--Each entity desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(B) Contents.--Each application submitted pursuant to subparagraph (A) shall-- ``(i) describe the activities for which assistance under this subsection is sought; and ``(ii) demonstrate that the testing of treatment interventions will be carried out through community-based treatment programs. ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, $50,000,000 for fiscal year 2003, and such sums as may be necessary for each fiscal year thereafter. ``(b) Treatment Grants.-- ``(1) Grants authorized.-- ``(A) In general.--The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall make grants to public and nonprofit private entities, including Indian tribes and tribal organizations, for the purpose of providing comprehensive community-based mental health and substance abuse services to women who have experienced a history of physical or sexual abuse, or other types of trauma. ``(B) Grantmaking considerations.--The Secretary shall ensure that-- ``(i) grants awarded pursuant to this paragraph are distributed equitably among the regions of the country and among urban and rural areas; and ``(ii) preference is given to applicants with strong ties to minority communities and those that offer services that are culturally and linguistically appropriate. ``(C) Duration.--The Secretary shall award grants under this paragraph for a period not to exceed 5 years. Such grants may be renewed. ``(2) Technical assistance.--The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall provide technical assistance to entities awarded grants pursuant to paragraph (1) with respect to the implementation of programs described in paragraph (3). ``(3) Use of funds.--An entity awarded a grant pursuant to paragraph (1) shall-- ``(A) establish and operate 1 or more multidisciplinary integrated systems of community-based care-- ``(i) to include medical, social, and behavioral services for the simultaneous and coordinated treatment of trauma, substance abuse, and psychiatric disorders, including depression and anxiety disorders (including post-traumatic stress disorder, psychotic, and dissociative disorders); ``(ii) that specifically addresses the impact of trauma on the lives of women receiving services through the grant; and ``(iii) that may include services for children of women who are survivors of trauma; ``(B) establish avenues for the involvement of women who access the services described in subparagraph (A), in all phases of service delivery and design including in the development of individualized treatment plans; ``(C) offer specialized and structured treatment components addressing trauma that are culture- and gender-specific; ``(D) implement collaboration among public and private nonprofit entities likely to serve women with histories of trauma including rape and domestic violence programs, hospital emergency rooms, appropriate branches of the criminal justice system, low-income housing authorities, substance abuse and mental health service providers, consolidated health centers, battered women's shelters, and churches and other community-based organizations; ``(E) undertake aggressive outreach efforts to encourage women from minority communities, in particular, to participate; and ``(F) offer educational materials or training, through subparagraph (D) or other avenues, to agencies and community-based organizations that serve women with histories of trauma to increase awareness of the devastating impact of chronic exposures to traumatic experiences on women's mental health and of the need to address this impact in the context of mental health and substance abuse treatment. ``(4) Access to child care.--An entity awarded a grant pursuant to paragraph (1) may use grant funds to provide child care, either directly or through an off site, licensed child care provider, to women offered services under such grant to facilitate participation and address a primary barrier to care. ``(5) Application.-- ``(A) In general.--Each entity desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(B) Contents.--Each application submitted pursuant to subparagraph (A) shall-- ``(i) describe the activities for which assistance under this subsection is sought; and ``(ii) describe a plan for the rigorous evaluation of such activities, including both process and outcome evaluation, and the submission of the evaluation at the end of the project period. ``(6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, $100,000,000 for fiscal year 2003, and such sums as may be necessary for each fiscal year thereafter.''.", "summary": "Women in Trauma Act of 2002 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the National Institute of Mental Health, to award grants to build treatment interventions simultaneously addressing trauma, substance abuse and psychiatric disorders, including the integration of existing interventions.Requires the Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to make grants and provide technical assistance for the provision of comprehensive community-based mental health and substance abuse services to women with a history of physical or sexual abuse or other trauma. Targets minority community services. Requires such services to be multidisciplinary and provide coordinated and simultaneous treatment for multiple issues, be individualized as well as gender- and culture-specific, and include services for children, if needed. Authorizes the use of grant funds for childcare to facilitate participation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Homebuyer Tax Credit Improvement Act of 2009''. SEC. 2. PROVISIONS TO ENHANCE THE ADMINISTRATION OF THE FIRST-TIME HOMEBUYER TAX CREDIT. (a) Age Limitation.-- (1) In general.--Subsection (b) of section 36 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Age limitation.--No credit shall be allowed under subsection (a) with respect to the purchase of any residence unless the taxpayer has attained age 18 as of the date of such purchase. In the case of any taxpayer who is married (within the meaning of section 7703), the taxpayer shall be treated as meeting the age requirement of the preceding sentence if the taxpayer or the taxpayer's spouse meets such age requirement.''. (2) Conforming amendment.--Subsection (g) of section 36 of such Code is amended by striking ``subsections (c) and (f)(4)(D)'' and inserting ``subsection (b)(3), (c), and (f)(4)(D)''. (b) Documentation Requirement.--Subsection (d) of section 36 of such Code is amended by striking ``or'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, or'', and by adding at the end the following new paragraph: ``(3) the taxpayer fails to attach to the return of tax for such taxable year a properly executed copy of the settlement statement used to complete such purchase.''. (c) Restriction on Married Individual Acquiring Residence From Family of Spouse.--Clause (i) of section 36(c)(3)(A) of such Code is amended by inserting ``(or, if married, such individual's spouse)'' after ``person acquiring such property''. (d) Certain Errors With Respect to the First-Time Homebuyer Tax Credit Treated as Mathematical or Clerical Errors.--Paragraph (2) of section 6213(g) of such Code is amended by striking ``and'' at the end of subparagraph (M), by striking the period at the end of subparagraph (N) and inserting ``, and'', and by inserting after subparagraph (N) the following new subparagraph: ``(O) an entry on a return claiming the credit under section 36 if-- ``(i) the Secretary obtains information from the person issuing the TIN of the taxpayer that indicates that the taxpayer does not meet the age requirement of section 36(b)(3), ``(ii) information provided to the Secretary by the taxpayer on an income tax return for at least one of the 2 preceding taxable years is inconsistent with eligibility for such credit, or ``(iii) the taxpayer fails to attach to the return the form described in section 36(d)(3).''. (e) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to purchases after the date of the enactment of this Act. (2) Documentation requirement.--The amendments made by subsection (b) shall apply to returns for taxable years ending after the date of the enactment of this Act. (3) Treatment as mathematical and clerical errors.--The amendments made by subsection (d) shall apply to returns for taxable years ending on or after April 9, 2008. SEC. 3. CERTAIN TAX RETURN PREPARERS REQUIRED TO FILE RETURNS ELECTRONICALLY. (a) In General.--Subsection (e) of section 6011 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Special rule for tax return preparers.-- ``(A) In general.--The Secretary shall require than any individual income tax return prepared by a tax return preparer be filed on magnetic media if-- ``(i) such return is filed by such tax return preparer, and ``(ii) such tax return preparer is a specified tax return preparer for the calendar year during which such return is filed. ``(B) Specified tax return preparer.--For purposes of this paragraph, the term `specified tax return preparer' means, with respect to any calendar year, any tax return preparer unless such preparer reasonably expects to file 100 or fewer individual income tax returns during such calendar year. ``(C) Individual income tax return.--For purposes of this paragraph, the term `individual income tax return' means any return of the tax imposed by subtitle A on individuals, estates, or trusts.''. (b) Conforming Amendment.--Paragraph (1) of section 6011(e) of such Code is amended by striking ``The Secretary may not'' and inserting ``Except as provided in paragraph (3), the Secretary may not''. (c) Effective Date.--The amendments made by this section shall apply to returns filed after December 31, 2010.", "summary": "Homebuyer Tax Credit Improvement Act of 2009 - Amends the Internal Revenue Code, with respect to the first-time homebuyer tax credit, to: (1) deny such credit to taxpayers under the age of 18; (2) require a taxpayer claiming such credit to attach to their returns a properly executed copy of the settlement statement used to purchase their residence; and (3) prohibit a credit for residences acquired from a spouse. Requires tax return preparers to file tax returns electronically unless they reasonably expect to file 100 or fewer individual income returns in a calendar year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fight Russian Corruption Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Russian Federation uses corruption as a strategic tool to erode democratic governance from within and discredit the liberal democratic system, thereby strengthening Russia's sphere of influence. (2) Russia's ultimate goal is to dissolve the transatlantic union by capitalizing on and exacerbating existing tensions within European countries. (3) In 2016, the Center for Strategic and International Studies (CSIS) and the Centre for the Study of Democracy concluded that Russia has cultivated an opaque network of patronage across the region that it uses to influence and direct decision-making. Russia seeks to gain influence over if not control of critical state institutions, bodies, and the economy and uses this influence to shape national policies and decisions. (4) Central and Eastern European leaders, including those from Romania, the Czech Republic, Latvia, and Poland, have warned that Russia engages in economic warfare by using politically motivated investments to advance its agenda, and seeks to challenge the transatlantic orientation of Central and Eastern Europe. (5) While countries along Russia's border, especially the Baltic countries, Ukraine, and Georgia, are under threat from Moscow's malign influence and military aggression, corruption is also part of Russia's hybrid warfare strategy to use direct and indirect action to coerce, destabilize and exercise malign influence over other countries. (6) Much like a virus, malign Russian-fueled corruption inconspicuously penetrates a country through what appears to be a host of legitimate financial transactions. (7) According to CSIS, the corruption, often through opaque financial transactions, infects various strategic sectors of host economies, particularly energy, media, and financial sectors. Over time, the host countries' institutions become compromised and can no longer self-police or resist Russian influence, thereby allowing Russian control over the government. (8) In France, Austria, Germany, and the United Kingdom, Russia directly supports entities that feed directly off lack of confidence and trust in democratic systems, which enhances the popularity of extreme parties. (9) The United States intelligence community concluded that Russia deployed similar tactics in the 2016 United States elections in order to erode public confidence and trust in the United States political system. (10) This strategy exploits the inherent openness and vulnerabilities within Western capitalist systems. To combat it, the United States must support efforts of foreign partner countries to investigate corruption and strengthen fiscal transparency. (11) Only through strengthening Western governance and institutions will the United States and its partners thwart Russian tactics of corruption and exploitation and prevent Russia's virus-like corruption from eroding democracy in the United States. SEC. 3. OFFICE OF ANTI-CORRUPTION RELATING TO ILLICIT RUSSIAN FINANCIAL ACTIVITIES IN EUROPE. Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the following new section: ``SEC. 64. OFFICE OF ANTI-CORRUPTION RELATING TO ILLICIT RUSSIAN FINANCIAL ACTIVITIES IN EUROPE. ``(a) Establishment.--The Secretary of State shall establish within the Department of State the Office of Anti-Corruption relating to Illicit Russian Financial Activities in Europe (in this section referred to as the `Office'). ``(b) Head of Office.--The head of the Office shall be the Director of Anti-Corruption relating to Illicit Russian Financial Activities in Europe (in this section referred to as the `Director'). The Director shall be appointed by Secretary, in consultation with the Assistant Secretary of State for European Affairs. ``(c) Functions.--The Office shall carry out the following functions: ``(1) In coordination with the intelligence community, analyze financial networks of the Russian Federation that operate in European countries relating to investments in the real estate, energy, media, infrastructure, philanthropy, civil society, sports, nongovernmental organization, and other sectors. ``(2) In coordination with the Secretary of the Treasury, train United States liaison officers to serve in key United States diplomatic and consular posts in European countries to cooperate with foreign partners in the uncovering and prosecution of illicit Russian financial activity. ``(d) Report.-- ``(1) In general.--The Office shall develop and submit to the appropriate congressional committees on an annual basis a report on the conduct and results of activities of the Office carried out under subsection (c) during the prior year. ``(2) Form.--The report required under this subsection shall be submitted in unclassified form but may contain a classified annex. ``(e) Personnel.--The Secretary of State is authorized to accept details or assignments of any personnel on a reimbursable or nonreimbursable basis for the purpose of carrying out this section, and the head of any Federal agency is authorized to detail or assign personnel of such agency on a reimbursable or nonreimbursable basis to the Secretary for purposes of carrying out this section. ``(f) Appropriate Congressional Committees Defined.--The term `appropriate congressional committees' means-- ``(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and ``(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate.''. SEC. 4. FOREIGN ASSISTANCE AND RELATED MATTERS. (a) Authority To Provide Foreign Assistance.-- (1) In general.--The Secretary of State is authorized to provide assistance to European countries to combat corruption. (2) Types of assistance.--Assistance authorized to be provided under paragraph (1) may include the following: (A) Support for activities described in paragraphs (1) and (2) of section 64(c) of the State Department Basic Authorities Act of 1956 (as added by section 3 of this Act). (B) Support for and strengthening of foreign programs focused on investigative journalism and independence of the media environment to expose Russian corruption. (C) Support for activities in Europe relating to anti-corruption, anti-propaganda, and anti-Russian malign influence. (b) Matters Relating to NATO.--The Secretary of State shall seek to work with the North Atlantic Treaty Organization (NATO) to carry out the following actions: (1) Elevate anti-corruption as an element of NATO's Readiness Action Plan. (2) Task the NATO Assistant Secretary General for Intelligence and Warning with monitoring Russian influence in NATO member states. (3) Prioritizing the combating of Russian influence under the NATO-European Union framework. (c) EU-US Summit.--The Secretary of State, in coordination with the Secretary of the Treasury, is authorized to host a summit between the United States and the European Union on preventing undeclared, cross- border money flows invested in strategic areas or economic sectors of European countries. SEC. 5. NATIONAL INTELLIGENCE ESTIMATE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall develop and submit to the appropriate congressional committees a National Intelligence Estimate on the matters described in subsection (b). (b) Matters Described.--The matters described in this subsection are the following: (1) Any purchases made in the 5-year period ending on the date of the enactment of this Act by individuals and entities of key sectors in European countries, particularly purchases that provide monopolistic control of a sector. (2) A detailed analysis of the individuals and entities making such purchases, including sources of revenue for each individual and entity and any links to the Russian Federation. SEC. 6. REPORT. Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Treasury shall jointly submit to the appropriate congressional committees a report on the implementation of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate. (2) Intelligence community.--The term ``intelligence community'' has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).", "summary": "Fight Russian Corruption Act This bill amends the State Department Basic Authorities Act of 1956 to require the Department of State to establish the Office of Anti-Corruption relating to Illicit Russian Financial Activities in Europe. Such office shall: (1) analyze financial networks of the Russian Federation operating in European countries that relate to real estate, energy, media, infrastructure, and other sectors; and (2) train U.S. liaison officers to serve in key U.S. diplomatic and consular posts in such countries to cooperate with foreign partners in uncovering and prosecuting illicit Russian financial activity. The bill authorizes the State Department to provide assistance to European countries to combat corruption, including to support: (1) activities of such office; (2) foreign programs focused on investigative journalism and independence of the media environment to expose Russian corruption; and (3) activities in Europe related to anti-corruption, anti-propoganda, and anti-Russian malign influence. The State Department shall seek to work with the North Atlantic Treaty Organization (NATO) to: (1) elevate anti-corruption as an element of NATO's Readiness Action Plan, (2) task the NATO Assistant Secretary General for Intelligence and Warning with monitoring Russian influence in NATO member states, and (3) prioritize the combating of Russian influence under the NATO-European Union framework. The Office of the Director of National Intelligence shall submit a National Intelligence Estimate on: (1) purchases made in the last five years by individuals and entities of key sectors in European countries, particularly purchases that provide monopolistic control of a sector; and (2) the individuals and entities making such purchases, including any links to the Russian Federation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens Right to Know Act of 2010''. SEC. 2. NOTIFICATION TO SHAREHOLDERS OF ELECTIONEERING COMMUNICATIONS. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 17B the following: ``SEC. 17C. NOTIFICATION TO SHAREHOLDERS OF ELECTIONEERING COMMUNICATIONS. ``(a) Disclosures to Shareholders.--Each issuer, the securities of which are registered under section 12, or that is subject to the reporting requirements of section 13(a) or 15(d), that makes or participates in an electioneering communication shall disclose such activity, in writing, to each shareholder of the issuer. ``(b) Definition.--As used in this section, the term `electioneering communication' has the same meaning as in section 304(f)(3)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A)).''. SEC. 3. PRIOR SHAREHOLDER APPROVAL OF ELECTIONEERING COMMUNICATIONS. Section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at the end the following new subsection: ``(i) Limitations on Electioneering Communications.-- ``(1) Prohibition on foreign-owned issuers.-- Notwithstanding any other provision of law, no issuer may make or participate in any electioneering communication if 51 percent or more of the outstanding securities of such issuer are owned or controlled by any foreign principal or agent of a foreign principal. ``(2) Prior shareholder approval required.--Before an issuer makes or participates in any electioneering communication, as defined in section 304(f)(3)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A)), the issuer shall obtain prior approval, by majority vote of all shareholders, for any such activity. Such vote shall be taken with each shareholder entitled to one vote per share of common stock held, regardless of any per-share voting rights of an outstanding class or classes of common stock under any other agreement or provision to the contrary. ``(3) Definitions.--As used in this subsection-- ``(A) the term `electioneering communication' has the same meaning as in section 304(f)(3)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A)); ``(B) the terms `foreign principal' and `agent of a foreign principal' have the same meanings as in section 611 of the Foreign Agents Registration Act of 1938 (11 U.S.C. 611); and ``(C) the term `issuer' means only those issuers, the securities of which are registered under section 12, or that are subject to the reporting requirements of section 13(a) or 15(d).''. SEC. 4. STAND BY YOUR AD REQUIREMENTS. (a) Rules for Corporations.--Paragraph (2) of section 318(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)) is amended-- (1) by striking ``Any communication'' and inserting the following: ``(A) In general.--Any communication''; and (2) by adding at the end the following new subparagraph: ``(B) Special rule for communications by corporations.-- ``(i) In general.--In the case of any communication described in subparagraph (A) which is paid for by a corporation-- ``(I) the audio statement required under this paragraph shall be made by the president or chief executive officer of such corporation and shall identify such individual by name and position; and ``(II) for purposes of the second sentence of subparagraph (A), the view of the person making the statement shall be a view of such president or chief executive officer. ``(ii) Joint communications.--In the case of any communication described in subparagraph (A) which is paid for by more than 1 corporation, the president or chief executive officer described in clause (i) shall be the president or chief executive officer of the corporation which pays for the largest portion of the communication (or, if paid for equally by all such corporations, the president or chief executive officer of the corporation with the highest gross revenue for the calendar year prior to the date on which such communication is made).''. (b) Rules for Other Entities.-- (1) In general.--Paragraph (2) of section 318(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)), as amended by subsection (a), is amended by adding at the end the following new subparagraph: ``(C) Special rules for certain other organizations.--In the case of any communication described in paragraph (A) which is paid for by an organization (other than a corporation), such communication shall include, in addition to the other requirements of this section, a statement listing the name of the 3 persons making the largest aggregate contributions to such organization during the 12-month period before the date of the communication.''. (2) Reporting of contributors on internet.--Section 304 of such Act (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(j) Internet Disclosure of Contributors for Certain Radio and Television Ads.--In addition to any reports required to be filed with the Commission under this section, any organization (other than a corporation) which makes a communication to which section 318(d)(2)(C) applies shall make available on the Internet, by means of a direct link from the home page of such organization, the following information: ``(1) In the case of any such communication made by a political committee, the information required under subsection (b)(3). ``(2) In the case of any communication which is an independent expenditure and which is made by a person other than a political committee, the information required under subsection (c)(2)(C). ``(3) In the case of any communication which is an electioneering communication and which is made by a person other than a political committee, the information required under subsection (f)(2)(F).''. (c) Effective Date.--The amendments made by this section shall apply with respect to communications made after the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.", "summary": "Citizens Right to Know Act of 2010 - Amends the Securities Exchange Act of 1934 to require issuers of securities to disclose to their shareholders electioneering communications they have made or in which they have participated. Prohibits an issuer from making or participating in any electioneering communication if 51% or more of its outstanding securities are owned or controlled by a foreign principal or agent of a foreign principal. Requires an issuer to obtain prior approval by majority vote of all shareholders before making or participating in any electioneering communication. Amends the Federal Election Campaign Act of 1971 to require that: (1) audio and television communications be made by the president or chief executive officer of the corporation paying for such communications; and (2) they identify the individual by name and position. Requires a communication paid for by an organization other than a corporation to include a statement listing the names of the three persons making the largest aggregate contributions to the organization during the 12-month period before the date of the communication. Sets forth Internet disclosure requirements for contributors to certain radio and television ads that are electioneering communications."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Caribbean Amnesty and Relief Act''. TITLE I--CLARIFICATION OF ELIGIBILITY FOR RELIEF FROM REMOVAL AND DEPORTATION FOR CERTAIN ALIENS SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN CARIBBEANS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2002; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A) and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such an order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien who is a national of countries of the Caribbean and who has been physically present in the United States for a continuous period, beginning not later than September 30, 1996 and ending earlier than the date the application for adjustment under such subsection is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (2) Proof of commencement of continuous presence.--For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced not later than September 30, 1996, an alien-- (A) shall demonstrate that the alien, prior to September 30, 1996 performed service, or engaged in a trade or business, within the United States; or (B) shall make such other demonstration of physical presence as the Attorney General may provide for by regulation. (c) Stay of Removal; Work Authorization.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation or removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such an Act and has applied for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorization'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is a national of a Caribbean country; (B) the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for a continuous period, beginning not later than December 1, 1995, and ending not earlier than the date the application for adjustment is filed; (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; (D) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply; and (E) applies for such adjustment before April 1, 2002. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien-- (A) shall demonstrate that such period commenced not later than December 1, 1995, in a manner consistent with subsection (b)(2); and (B) shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of the State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible. TITLE II--VISA FAIRNESS COMMISSION SEC. 201. ESTABLISHMENT. There is established in the Immigration and Naturalization Service a commission to be known as the Visa Fairness Commission (hereafter in this title referred to as the ``Commission''.) SEC. 202. DUTIES. (a) Data Collection.--The Commission, in consultation with the Director of the Immigration and Naturalization Service, shall gather empirical data on economic and racial profiling by the Consular Affairs office in American embassies and by Customs and immigration inspectors at US points of entry. In carrying out the preceding sentence, the Commission and the Director shall, to the extent practicable, avoid duplication of administration efforts. (b) In General.--Section 376 of the Immigration and Nationality Act (8 U.S.C. 1351) is amended by adding in subsection (a) the following: ``(3) Fee waiver--The Secretary of State shall waive the visa fee for those who can prove in forma pauperis status.''. SEC. 203. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed by the Director of the INS. Members on the Commission shall be broadly representative of the ethnic, religious, majority and minority groups comprising the United States. (b) Waiver of Limitation on Executive Schedule Positions.-- Appointments may be made under this section without regard to section 5311(b) of title 5, United States Code. (c) Political Affiliation.--Not more than 8 members appointed maybe of the same political party. (d) Terms.-- (1) In general.--Each member shall be appointed for a term of two years, except as provided. (e) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), member shall serve without pay. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their services on the Commission. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--Eight members of the Commission shall constitute a quorum but a lesser number may hold hearings. (h) Chairman; Vice Chairman.--The Chairman and Vice Chairman of the Commission shall be designated by the Director of the INS at the time of the appointment. (i) Meetings.--The Commission shall meet at the call of the Chairman or a majority of its members. SEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Commission. The Director shall be paid at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule. (b) Staff.--Subject to rules prescribed by the Commission, and without regard to section 5311(b) of title 5, United States Code, the Director may appoint additional personnel as the Director considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission shall be appointed subject to the provisions of title 5, United State Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Experts and Consultants.--Subject to rules prescribed by the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the rate basic pay payable for level V of the Executive Schedule. (e) Staff of Federal Agencies.--Upon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 205. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman or Vice Chairman of the Commission, the head of the department or agency shall furnish that information to the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Chairman. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under the Act. (g) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (h) Immunity.--Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing about which that person is compelled to testify or relating to which that person is compelled to produce evidence, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. (i) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for property and services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5) SEC. 206. ANNUAL REPORTS. The Commission shall transmit an annual report to the Director of the INS and the Congress not later than December 31 of each year. Each such report shall contain a detailed statement of activities of the Commission during the fiscal year ending in the year in which such report is required to be submitted. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to complete the study.", "summary": "Title II: Visa Fairness Commission - Establishes in the Immigration and Naturalization Service the Visa Fairness Commission, which shall gather data on U.S. embassy and port of entry economic and racial profiling. Authorizes appropriations. Amends the Immigration and Nationality Act to waive the visa fee for aliens who can prove in forma pauperis status."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair International Labor Standards in Trade and Investment Act of 2001''. SEC. 2. OBJECTIVES; DUTIES OF ILAB. (a) Objectives.--The policy objectives of Congress with respect to international labor issues are as follows: (1) Fundamental economic, political, social, technological, and cross-cultural changes are proceeding in ways that accelerate global integration and interdependence. (2) The United States national interest is served by more open markets, expanding trade, and investment liberalization within the community of nations, balanced by increased respect and enforcement of universal human rights as defined in the Universal Declaration of Human Rights and the ILO Declaration of Fundamental Principles and Rights at Work. (3) The American people believe that more open international trade, investment, and market access are not ends in themselves, but means for attaining greater economic justice, social responsibility, and sustainable development in both the United States and the global economy. (4) A principal objective of the international economic policy of the United States is to spread the benefits of trade and investment liberalization as broadly as possible within all trading nations and not just between them. (5) United States international economic policy should emphasize the following 4 principal goals: (A) The achievement of steadily increasing purchasing power throughout the global economy in tandem with expanding global productive capacity that leads to-- (i) the elimination of abusive child labor; (ii) rising living standards in developing and developed national economies; and (iii) the acceleration of broad-based consumer markets within all trading nations. (B) The discouragement of economic development by any nation based on the commercial exploitation of child labor and the systematic denial of internationally recognized worker rights and core labor standards, in order to gain illegitimate competitive advantage in international trade and investment. (C) The expansion of global trade and investment, not protectionism, based on growing public confidence that the rules governing international flows of capital, goods, services, technology, and labor are structured, in law and practice, to end abusive child labor and promote the rights and interests of working people as well as those of other parties to international agreements. (D) The alleviation of poverty, hunger, abusive child labor, and illiteracy through the empowerment of working people in all trading nations so that they can more fully participate in policy-making and benefit equitably from the fruits of their labor in the conduct of global trade, investment, and commerce. (b) Duties of ILAB.--Under the guidance of the Secretary of Labor, the International Labor Affairs Bureau shall have the primary responsibility for advancing the policy objectives and goals set out in subsection (a) and for coordinating all related United States activities. SEC. 3. FUNCTIONS. The Secretary of Labor is authorized to act through the International Labor Affairs Bureau, to carry out the following activities to promote fair international standards in trade and investment: (1) Represent the United States in the International Labor Organization (ILO) and support that Organization's activities, consulting with the organizations that represent employers and employees in that body. (2) Provide bilateral and multilateral technical assistance to enable developing countries in particular to-- (A) implement core labor standards; (B) strengthen governmental capacity to enforce national labor laws and protect internationally recognized worker rights; and (C) develop policies to assist workers who are adversely affected by shifts in trade and investments flows, structural adjustments, and macroeconomic changes within national economies and the global economy respectively. (3) Provide bilateral aid to foreign countries to eliminate abusive child labor and other trade and investment-related worker rights violations and to support workforce development programs to foster broad-based, equitable, and sustainable economic development in recipient countries. (4) Compile and report annually to Congress, on the extent to which each foreign country that has a trade and investment agreement with the United States protects the free exercise of internationally recognized worker rights, as required under United States law, and promotes core labor standards as embodied in the ILO Declaration on Fundamental Principles and Rights at Work. (5) Conduct research and analysis on the relationship between internationally recognized worker rights and core labor standards and the conduct of international, trade, commerce, and investment and related trends. SEC. 4. GRANTS. The Secretary of Labor may award grants and enter into cooperative agreements and contracts to carry out the functions described in section 3. SEC. 5. AUTHORIZATION OF FUNDS. There are authorized to be appropriated to the Secreatry of Labor such sums as are necessary to carry out the provisions of this Act.", "summary": "Fair International Labor Standards in Trade and Investment Act of 2001 - Authorizes the Secretary of Labor, through the International Labor Affairs Bureau, to promote fair international standards in trade and investment by: (1) representing the United States in the International Labor Organization (ILO), supporting ILO activities, and consulting with organizations that represent employers and employees in ILO; (2) providing bilateral and multilateral technical assistance to enable developing countries in particular to implement core labor standards, strengthen governmental capacity to enforce national labor laws and protect internationally recognized worker rights, and develop policies to assist workers who are adversely affected by shifts in trade and investments flows, structural adjustments, and macroeconomic changes within national economies and the global economy; (3) providing bilateral aid to foreign countries to eliminate abusive child labor and other trade and investment-related worker rights violations and to support workforce development programs to foster broad-based, equitable, and sustainable economic development in recipient countries; (4) compiling and reporting annually to Congress on the extent to which each foreign country that has a trade and investment agreement with the United States protects the free exercise of internationally recognized worker rights as required under U.S. law, and promotes core labor standards as embodied in the ILO Declaration on Fundamental Principles and Rights at Work; (5) conducting research and analysis on the relationship between internationally recognized worker rights and core labor standards and the conduct of international, trade, commerce, and investment and related trends; and (6) making grants, contracts, and cooperative agreements to carry out such functions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Army Commemorative Coin Act of 2008''. SEC. 2. FINDINGS. The Congress finds that-- (1) the United States Army, founded in 1775, has served this country well for over 230 years; (2) the United States Army has played a decisive role in protecting and defending freedom throughout the history of the United States, from the Colonial period to today, in wartime and in peace, and has consistently answered the call to serve the American people at home and abroad since the Revolutionary War; (3) the sacrifice of the American soldier, of all ranks, since the earliest days of the Republic has been immense and is deserving of the unique recognition bestowed by commemorative coinage; (4) the Army, the Nation's oldest and largest military service, is the only service branch that currently does not have a comprehensive national museum celebrating, preserving, and displaying its heritage and honoring its veterans; (5) the National Museum of the United States Army will be-- (A) the Army's only service-wide, national museum honoring all soldiers, of all ranks, in all branches since 1775; and (B) located at Fort Belvoir, Virginia, across the Potomac River from the Nation's Capitol, a 10-minute drive from Mount Vernon, the home of the Army's first Commander-in-Chief, and astride the Civil War's decisive Washington-Richmond corridor; (6) the Army Historical Foundation (hereafter in this Act referred to as the ``Foundation''), founded in 1983-- (A) is dedicated to preserving the history and heritage of the American soldier; and (B) seeks to educate future Americans to fully appreciate the sacrifices that generations of American soldiers have made to safeguard the freedoms of this Nation; (7) the completion and opening to the public of the National Museum of the United States Army will immeasurably help in fulfilling that mission; (8) the Foundation is a nongovernmental, member-based, and publicly supported nonprofit organization that is dependent on funds from members, donations, and grants for support; (9) the Foundation uses such support to help create the National Museum of the United States Army, refurbish historical Army buildings, acquire and conserve Army historical art and artifacts, support Army history educational programs, for research, and publication of historical materials on the American soldier, and to provide support and counsel to private and governmental organizations committed to the same goals as the Foundation; (10) in 2000, the Secretary of the Army designated the Foundation as its primary partner in the building of the National Museum of the United States Army; and (11) the Foundation is actively engaged in executing a major capital campaign to support the National Museum of the United States Army. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the founding of the United States Army in 1775, and notwithstanding any other provision of law, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins, contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the traditions, history, and heritage of the United States Army, and its role in American society from the Colonial period to today. (2) Designations and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2011''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) contain motifs that specifically honor the American soldier of both today and yesterday, in wartime and in peace, such designs to be consistent with the traditions and heritage of the United States Army, the mission and goals of the National Museum of the United States Army, and the missions and goals of the Foundation; (2) be selected by the Secretary, after consultation with the Secretary of the Army, the Foundation, and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--For each of the 3 coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2011. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Foundation to help finance the National Museum of the United States Army. (c) Audits.--The Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "United States Army Commemorative Coin Act of 2008 - Instructs the Secretary of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half dollar clad coins as numismatic items emblematic of the traditions, history, and heritage of the U.S. Army, and its role in American society from the Colonial period to today. Requires the design for such coins to contain motifs that honor specifically the American soldier of both today and yesterday, in wartime and in peace, consistent with the traditions and heritage of the U.S. Army, the mission and goals of the National Museum of the U.S. Army, and the missions and goals of the Army Historical Foundation. Restricts coin issuance to the one-year period beginning on January 1, 2011. Requires all surcharges from coin sales to be promptly paid by the Secretary to the Foundation to help finance the National Museum of the U.S. Army."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Access to Disposable Medical Technology Act of 2015''. SEC. 2. COVERAGE OF CERTAIN DISPOSABLE MEDICAL TECHNOLOGIES UNDER THE MEDICARE PROGRAM. (a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Substitute Disposable Medical Technology ``(iii) The term `substitute disposable medical technology' means medical equipment that-- ``(1) is primarily and customarily used to serve a medical purpose; ``(2) would otherwise be covered as durable medical equipment under this title but for the fact that such equipment is not durable (as defined by the Secretary for purposes of coverage of durable medical equipment under this title); and ``(3) the Secretary determines substitutes for durable medical equipment.''. (b) Payment Provisions.--Section 1834(a) of the Social Security Act (42 U.S.C. 1395m(a)) is amended by adding at the end the following new paragraph: ``(23) Special payment rule for substitute disposable medical technologies.--Notwithstanding the preceding provisions of this subsection, the Secretary shall determine the payment amount under this subsection for a substitute disposable medical technology (as defined in section 1861(iii)), and for any services and supplies used in conjunction with such technology, in accordance with the following: ``(A) Single payment amount.--The Secretary shall determine a single payment amount that shall be paid for a substitute disposable medical technology and for any services and supplies used in conjunction with such technology. A payment for such a technology and for any such services and supplies that is made in the amount of such single payment amount shall constitute full payment under this title for such technology and such services and supplies. ``(B) Calculation of payment amount.--The single payment amount described in subparagraph (A) for a substitute disposable medical technology and for any services and supplies used in conjunction with such technology shall be calculated by-- ``(i) calculating the sum of the amounts of payment that otherwise would be made under this section for-- ``(I) the item of durable medical equipment for which the Secretary determines, pursuant to section 1861(iii)(3), that such substitute disposable medical technology substitutes; and ``(II) all services and supplies used in conjunction with such item of durable medical equipment; ``(ii) calculating the amount that is 95 percent of the sum calculated under clause (i); and ``(iii) calculating the single payment amount for the substitute disposable medical technology and for any services and supplies used in conjunction with such technology such that the sum of the payments under this subsection for-- ``(I) all substitute disposable medical technologies that the Secretary determines, pursuant to section 1861(iii)(3), will be necessary to provide a substitute for the item of durable medical equipment described in clause (i)(I); and ``(II) any services and supplies used in conjunction with such technologies; is equal to the amount calculated under clause (ii). ``(C) Lump-sum payment.--The single payment amount described in subparagraph (A) for a substitute disposable medical technology and for any services and supplies used in conjunction with such technology shall be made in a lump-sum amount.''. (c) Nonapplication of Competitive Acquisition.--Section 1847(a)(7)(B) of the Social Security Act (42 U.S.C. 1395w-3(a)(7)(B)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new clause: ``(iii) that are substitute disposable medical technologies (as defined in section 1861(n)(2)(B)).''. (d) Effective Date.--The amendments made by this section shall apply with respect to items and services furnished on or after the date that is one year after the date of the enactment of this section.", "summary": "Patient Access to Disposable Medical Technology Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to cover substitute disposable medical technology, subject it to a special payment rule, and exempt it from competitive acquisition."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm-to-Fuel Investment Act of 2007''. SEC. 2. BIOENERGY TRANSITION ASSISTANCE. (a) Definitions.--Section 9003(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103(b)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (5) through (7), respectively; and (2) by inserting after paragraph (1) the following: ``(2) Bioenergy crop.-- ``(A) In general.--The term `bioenergy crop' means-- ``(i) a perennial plant that can be used as feedstock for bioenergy production; or ``(ii) an annual plant that-- ``(I) can be used as feedstock for bioenergy production; and ``(II) is grown in a resource- conserving crop rotation. ``(B) Exclusions.--The term `bioenergy crop' does not include-- ``(i) any crop that is eligible for any payments under title I; or ``(ii) any plant that-- ``(I) the Secretary determines to be invasive or noxious; or ``(II) has the potential to become invasive or noxious, as determined by the Secretary, in consultation with the United States Fish and Wildlife Service or a State conservation agency. ``(3) Bioenergy cropshed.--The term `bioenergy cropshed' means a bioenergy cropshed designated by the Secretary under subsection (g)(1). ``(4) Bioenergy producer.--The term `bioenergy producer' means a producer that produces a bioenergy crop that, as determined by the Secretary-- ``(A) is physically located in a bioenergy cropshed; and ``(B) can be used by the local biorefinery.''. (b) Bioenergy Transition Assistance.--Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended-- (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following: ``(g) Bioenergy Transition Assistance.-- ``(1) Designation of bioenergy cropsheds.-- ``(A) In general.--The Secretary shall designate as bioenergy cropsheds, areas that are physically located within, as determined by the Secretary-- ``(i) a 50-mile radius of an existing or planned biorefinery; or ``(ii) some other economically-practicable distance from an existing or planned biorefinery. ``(B) Specific conservation objectives.--Each bioenergy cropshed designated under subparagraph (A) shall include specific conservation objectives for local resources of concern, including water quality, wildlife habitat, soil quality, and air quality, as determined by the Secretary, acting through the Natural Resources Conservation Service and in consultation with State technical committees. ``(C) Priority.--In designating bioenergy cropsheds under subparagraph (A), the Secretary shall give priority to-- ``(i) locations in which the establishment of bioenergy cropsheds is most likely, as determined by the Secretary, to result in-- ``(I) geographic diversity; ``(II) diversity of feedstocks; ``(III) net environmental benefit; and ``(IV) minimal environmental harm; and ``(ii) areas in which the existing or planned biorefinery is owned primarily by residents of a rural area. ``(2) Bioenergy crop transition assistance.-- ``(A) In general.--The Secretary, acting through the Natural Resources Conservation Service, shall offer to enter into contracts with producers on a farm in a bioenergy cropshed to provide bioenergy crop transition assistance to encourage the producers to produce bioenergy crops for a biorefinery located in the bioenergy cropshed. ``(B) Term of contract.--Contracts described in subparagraph (A) shall be for a term of 3 years. ``(3) Eligibility.-- ``(A) In general.--As a condition of entering into a bioenergy crop transition assistance contract, the producers on a farm shall, as determined by the Secretary-- ``(i) demonstrate that the producers are producing a bioenergy crop that is contracted for use by the biorefinery in the bioenergy cropshed; ``(ii) agree to meet the quality criteria for water quality, wildlife habitat, and soil quality by the end of the contract period; and ``(iii) agree to make available to the Secretary (or to an institution of higher education designated by the Secretary) such information as the Secretary considers to be appropriate-- ``(I) to promote the production of bioenergy crops and the development of biorefinery technology; and ``(II) to evaluate the bioenergy transition assistance. ``(B) Best practices database.--Subject to section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276), the Secretary shall make available to the public in a database format the best practices information developed by the Secretary in providing bioenergy transition assistance. ``(4) Amount of payments.--In determining the amount of annual bioenergy crop transition assistance to be paid to producers on a farm under this subsection, the Secretary shall consider-- ``(A) the cost of establishing the bioenergy crop; ``(B) the amount necessary to encourage producers on a farm to produce bioenergy crops in the quantity needed by the biorefinery in the bioenergy cropshed; ``(C) the amount that the producers on a farm would have earned if the producers had produced a crop other than a bioenergy crop; and ``(D) such other factors as the Secretary considers to be appropriate. ``(5) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $350,000,000 for the period of fiscal years 2008 through 2012, to remain available until expended.''. (c) Conforming Amendments.--Section 1770(d) of the Food Security Act of 1985 (7 U.S.C. 2276(d)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) section 9003(g) of the Farm Security and Rural Investment of 2002 (7 U.S.C. 8103(g))''. SEC. 3. CONSERVATION SECURITY PROGRAM. (a) Definition of Bioenergy Crops.--Section 1238 of the Food Security Act of 1985 (16 U.S.C. 3838) is amended-- (1) by redesignating paragraphs (3) through (15) as paragraphs (5) through (17), respectively; and (2) by inserting after paragraph (2) the following: ``(3) Bioenergy crop.--The term `bioenergy crop' has the meaning given the term in section 9003(b) of the Farm Security and Rural Investment of 2002 (7 U.S.C. 8103(b)). ``(4) Bioenergy producer.--The term `bioenergy producer' has the meaning given the term in section 9003(b) of the Farm Security and Rural Investment of 2002 (7 U.S.C. 8103(b)).''. (b) Conservation Security Contracts.--Section 1238C(b)(1)(C)(iii) of the Food Security Act of 1985 (16 U.S.C. 3838c(b)(1)(C)(iii)) is amended-- (1) in subclause (IV), by striking ``or'' at the end; (2) in subclause (V), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(VI) is a bioenergy producer and maintains and actively manages a conservation system that incorporates 2 or more native perennial bioenergy crop species; or ``(VII) is a bioenergy producer and participates in a bioenergy crop system research and demonstration project.''.", "summary": "Farm-to-Fuel Investment Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Agriculture to designate as bioenergy cropsheds areas that are physically located within a 50-mile radius, or some other economically-practicable distance, from an existing or planned biorefinery. States that each designated bioenergy cropshed shall include local conservation objectives, including water quality, wildlife habitat, soil quality, and air quality. Directs the Secretary, through the Natural Resources Conservation Service, to offer to enter into contracts with producers on a farm in a bioenergy cropshed to provide bioenergy crop transition assistance to encourage the producers to produce bioenergy crops."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Security and Iran Sanctions Enforcement Act''. SEC. 2. RESTRICTION ON PARTICIPATION IN OFFSHORE OIL AND GAS LEASING. (a) Certification Requirement.--The Secretary of the Interior shall-- (1) include in each lease issued after the date of enactment of this Act that authorizes drilling for oil and gas on the Outer Continental Shelf a provision that requires that-- (A) the person that is the lessee to certify annually to the Secretary that the person does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note); and (B) authorizes the Secretary to cancel the lease if the person fails to make such a certification or makes such a certification that is false; and (2) upon determination by the Secretary, in consultation with the Secretary of State and the Secretary of the Treasury, that the person has failed to make a certification required under such provision or made such a certification that is false, shall cancel the lease. (b) Disclosure Requirement.--The Secretary of the Interior shall-- (1) include in each lease issued after the date of enactment of this Act that authorizes drilling for oil and gas on the Outer Continental Shelf a provision that-- (A) requires the person that is the lessee to disclose to the Secretary any participation by the person in any energy-related joint venture, investment, or partnership located outside Iran that involves-- (i) any person whose property and interests in property are blocked pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transacting with persons who commit, threaten to commit, or support terrorism); (ii) any person whose property and interests in property are blocked pursuant to Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking of property of weapons of mass destruction proliferators and their supporters); or (iii) any entity listed on appendix A to part 560 of title 31, Code of Federal Regulations (relating to the Iranian Transactions Regulations); and (B) authorizes the Secretary to cancel the lease if the person fails to make such a disclosure or makes such a disclosure that is false; and (2) upon determination by the Secretary, in consultation with the Secretary of State and the Secretary of the Treasury, that the person has failed to make a disclosure required under such provision or made such a disclosure that is false, shall cancel the lease. (c) Waiver.-- (1) In general.--The Secretary of the Interior may waive the requirement of subsection (a) or (b) (or both) on a case- by-case basis if the Secretary determines and certifies in writing to the appropriate congressional committees that it is in the national interest of the United States to do so. (2) Reporting requirement.--Not later than 120 days after the date of the enactment of this Act and semi-annually thereafter, the Secretary of the Interior shall submit to the appropriate congressional committees a report on waivers granted under paragraph (1). (d) Reporting Requirement.--The Secretary of the Interior shall promptly report to the appropriate congressional committees any cancellation of a lease under this section, including an explanation of the reasons for the cancellation. (e) Definitions.--In this section-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Natural Resources and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Energy and Natural Resources and the Committee on Foreign Relations of the Senate; and (2) the term ``person'' has the meaning given such term in section 14(14) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note). SEC. 3. SUNSET. This Act shall terminate 30 days after the date on which the President certifies to Congress that the Government of Iran-- (1) has permanently ceased-- (A) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; and (B) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and missiles; and (2) poses no significant threat to United States national security, interests, or allies.", "summary": "Gulf Security and Iran Sanctions Enforcement Act - Requires the Secretary of the Interior to include in each lease issued after enactment of this Act that authorizes oil and gas drilling on the Outer Continental Shelf a provision that requires: (1) the lessee to certify annually to the Secretary that it does not engage in any activity for which sanctions may be imposed under the Iran Sanctions Act of 1996; and (2) the Secretary to cancel the lease if the lessee fails to make such a certification or makes a false one. Requires such a lease also to require the lessee to disclose to the Secretary any participation in any energy-related joint venture, investment, or partnership located outside Iran that involves: (1) any person whose property and property interests are blocked pursuant to Executive Orders 13224 (for transacting business with persons who commit, threaten to commit, or support terrorism) or 13382 (because they are weapons of mass destruction proliferators or their supporters); or (2) any entity on a specified list relating to Iranian Transactions Regulations. Requires cancellation of any lease whose lessee has failed to make such a disclosure or makes a false disclosure. Allows a national interest waiver of these requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Encroachment on Military Bases Prevention Act''. SEC. 2. MILITARY READINESS AND THE CONSERVATION OF PROTECTED SPECIES. (a) Limitation on Designation of Critical Habitat.--Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended by adding at the end the following new paragraph: ``(4)(A) The Secretary may not designate as critical habitat any lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary determines that such plan addresses special management considerations or protection (as those terms are used in section 3(5)(A)(i)). ``(B) Nothing in this paragraph affects the requirement to consult under section 7(a)(2) with respect to an agency action (as that term is defined in that section). ``(C) Nothing in this paragraph affects the obligation of the Department of Defense to comply with section 9, including the prohibition preventing extinction and taking of endangered species and threatened species.''. (b) Consideration of Effects of Designation of Critical Habitat.-- Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended by inserting ``the impact on national security,'' after ``the economic impact,''. SEC. 3. RESTRICTION ON CONSIDERATION OF MILITARY INSTALLATIONS IN SPECIAL RESOURCE STUDIES. Section 8 of Public Law 91-383 (16 U.S.C. 1a-5; commonly known as the National Park System General Authorities Act) is amended by adding at the end the following new subsection: ``(g) Exclusion of Military Installations From Special Resource Studies.-- ``(1) Notification of secretary of defense.--If a study under this section or any other provision of law of an area for potential inclusion in the National Park System will include, or the study will be expanded to include, the consideration of any military lands, the Secretary of the Interior shall provide written notice to the Secretary of Defense of the exact military lands to be covered by the study. The written notice shall be provided not later than 30 days before the date on which the Secretary of the Interior will commence the study or expand the study to include the military lands. ``(2) Authority to exclude military lands.--Upon receipt of written notification under paragraph (1), the Secretary of Defense shall evaluate the existing environmental protections for the military lands described in the notice and the importance of the military lands to military readiness and preparedness. The Secretary of Defense may require the Secretary of the Interior to exclude all or a portion of the military lands from the study if the Secretary of Defense determines that the environmental protections for the military lands are sufficient and that inclusion of the military lands in the National Park System could adversely impact military readiness and preparedness. Notice to the Secretary of the Interior shall include the reasons of the Secretary of Defense for requiring the exclusion of the military lands. ``(3) Time for making determination; effect.--The Secretary of Defense shall make the determination required under paragraph (2), and transmit notice of the determination to the Secretary of the Interior, before the end of the 90-day period beginning on the date on which the Secretary of Defense receives the written notice required under paragraph (1) of a study that covers military lands. If the notice of the Secretary of Defense is timely, the Secretary of the Interior may not consider the military lands covered by the notice for possible inclusion in the National Park System in that study or any subsequent study. If the notice is not received by the Secretary of the Interior before the end of the 90-day period, the Secretary of the Interior may proceed with the consideration of the military lands under the study notwithstanding the determination. ``(4) Military lands.--In this subsection, the term `military lands' means lands included as part of a military installation, as that term is defined in section 100 of the Sikes Act (16 U.S.C. 670).''. SEC. 4. RESTRICTION ON INCLUSION IN NATIONAL MARINE SANCTUARIES OF AREAS USED FOR MILITARY READINESS ACTIVITIES. (a) In General.--Section 305 of the National Marine Sanctuary Act (16 U.S.C. 1433) is amended-- (1) in subsection (a) in the matter preceding paragraph (1) by inserting ``(subject to subsection (c))'' after ``any discrete area of the marine environment''; and (2) by adding at the end the following: ``(c) Restriction on Inclusion of Areas Used for Military Readiness Activities.--The Secretary may not designate as a national marine sanctuary, or add to an existing national marine sanctuary, any area that the Secretary of Defense has designated for use for military readiness activities, including any area the use or navigation of which is prohibited under regulations issued by the Secretary of the Army under the first section of chapter XIX of the Act of July 9, 1918 (33 U.S.C. 3), popularly known as the Army Appropriation Act of 1919.''. (b) Application.--The amendment made by subsection (a) shall not apply with respect to any designation of an area as, or addition of an area to, a national marine sanctuary that takes effect before the date of the enactment of this Act.", "summary": "Encroachment on Military Bases Prevention Act - Amends the Endangered Species Act to prohibit the Secretary of the Interior (Secretary) from designating as critical habitat any lands or areas owned and controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan under the Sikes Act if the Secretary determines that such plan addresses special management considerations or protection. Requires the Secretary to consider impact on national security when making critical habitat determinations.Amends the Act commonly known as the National Park System General Authorities Act to require: (1) the Secretary to notify the Secretary of Defense of the exact military lands included in any study of an area for potential inclusion in the National Park System (NPS); and (2) the Secretary of Defense to evaluate the existing environmental protections for such lands and the importance of such lands to military readiness and preparation. Authorizes the Secretary of Defense to require the Secretary to exclude such lands if it is determined that current environmental protections are adequate and that their inclusion in the NPS would adversely affect military readiness and preparation.Amends the National Marine Sanctuary Act to prohibit the Secretary from including as a national marine sanctuary any area that the Secretary of Defense has designated for use for military readiness activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Northwest Atlantic Fisheries Convention Act of 1995''. SEC. 2. REPRESENTATION OF UNITED STATES UNDER CONVENTION. (a) Commissioners.-- (1) Appointments, generally.--The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the General Council and the Fisheries Commission, who shall each-- (A) be known as a ``United States Commissioner to the Northwest Atlantic Fisheries Organization''; and (B) serve at the pleasure of the Secretary. (2) Requirements for appointments.-- (A) The Secretary shall ensure that of the individuals serving as Commissioners-- (i) at least 1 is appointed from among representatives of the commercial fishing industry; (ii) 1 (but no more than 1) is an official of the Government; and (iii) 1, other than the individual appointed under clause (ii), is a voting member of the New England Fishery Management Council. (B) The Secretary may not appoint as a Commissioner an individual unless the individual is knowledgeable and experienced concerning the fishery resources to which the Convention applies. (3) Terms.-- (A) The term of an individual appointed as a Commissioner-- (i) shall be specified by the Secretary at the time of appointment; and (ii) may not exceed 4 years. (B) An individual who is not a Government official may not serve more than 2 consecutive terms as a Commissioner. (b) Alternate Commissioners.-- (1) Appointment.--The Secretary may, for any anticipated absence of a duly appointed Commissioner at a meeting of the General Council or the Fisheries Commission, designate an individual to serve as an Alternate Commissioner. (2) Functions.--An Alternate Commissioner may exercise all powers and perform all duties of the Commissioner for whom the Alternate Commissioner is designated, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated. (c) Representatives.-- (1) Appointment.--The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the Scientific Council, who shall each be known as a ``United States Representative to the Northwest Atlantic Fisheries Organization Scientific Council''. (2) Eligibility for appointment.-- (A) The Secretary may not appoint an individual as a Representative unless the individual is knowledgeable and experienced concerning the scientific issues dealt with by the Scientific Council. (B) The Secretary shall appoint as a Representative at least 1 individual who is an official of the Government. (3) Term.--An individual appointed as a Representative-- (A) shall serve for a term of not to exceed 4 years, as specified by the Secretary at the time of appointment; (B) may be reappointed; and (C) shall serve at the pleasure of the Secretary. (d) Alternate Representatives.-- (1) Appointment.--The Secretary may, for any anticipated absence of a duly appointed Representative at a meeting of the Scientific Council, designate an individual to serve as an Alternate Representative. (2) Functions.--An Alternate Representative may exercise all powers and perform all duties of the Representative for whom the Alternate Representative is designated, at any meeting of the Scientific Council for which the Alternate Representative is designated. (e) Experts and Advisers.--The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organization by experts and advisers. (f) Coordination and Consultation.-- (1) In general.--In carrying out their functions under the Convention, Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives shall-- (A) coordinate with the appropriate Regional Fishery Management Councils established by section 302 of the Magnuson Act (16 U.S.C. 1852); and (B) consult with the committee established under section 8 of this Act. (2) Relationship to other law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coordination and consultations under this subsection. SEC. 3. REQUESTS FOR SCIENTIFIC ADVICE. (a) Restriction.--The Representatives may not make a request or specification described in subsection (b) (1) or (2), respectively, unless the Representatives have first-- (1) consulted with the appropriate Regional Fishery Management Councils; and (2) received the consent of the Commissioners for that action. (b) Requests and Terms of Reference Described.--The requests and specifications referred to in subsection (a) are, respectively-- (1) any request, under Article VII(1) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and (2) any specification, under Article VIII(2) of the Convention, of the terms of reference for the consideration of a question referred to the Scientific Council pursuant to Article VII(1) of the Convention. SEC. 4. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION. The Secretary of State may, on behalf of the Government of the United States-- (1) receive and transmit reports, requests, recommendations, proposals, and other communications of and to the Organization and its subsidiary organs; (2) object, or withdraw an objection, to the proposal of the Fisheries Commission; (3) give or withdraw notice of intent not to be bound by a measure of the Fisheries Commission; (4) object or withdraw an objection to an amendment to the Convention; and (5) act upon, or refer to any other appropriate authority, any other communication referred to in paragraph (1). SEC. 5. INTERAGENCY COOPERATION. (a) Authorities of Secretary.--In carrying out the provisions of the Convention and this Act, the Secretary may arrange for cooperation with other agencies of the United States, the States, the New England and the Mid-Atlantic Fishery Management Councils, and private institutions and organizations. (b) Other Agencies.--The head of any Federal agency may-- (1) cooperate in the conduct of scientific and other programs, and furnish facilities and personnel, for the purposes of assisting the Organization in carrying out its duties under the Convention; and (2) accept reimbursement from the Organization for providing such services, facilities, and personnel. SEC. 6. RULEMAKING. The Secretary shall promulgate regulations as may be necessary to carry out the purposes and objectives of the Convention and this Act. Any such regulation may be made applicable, as necessary, to all persons and all vessels subject to the jurisdiction of the United States, wherever located. SEC. 7. PROHIBITED ACTS AND PENALTIES. (a) Prohibition.--It is unlawful for any person or vessel that is subject to the jurisdiction of the United States-- (1) to violate any regulation issued under this Act or any measure that is legally binding on the United States under the Convention; (2) to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person's control for purposes of conducting any search or inspection in connection with the enforcement of this Act, any regulation issued under this Act, or any measure that is legally binding on the United States under the Convention; (3) forcibly to assault, resist, oppose, impede, intimidate, or interfere with any authorized enforcement officer in the conduct of any search or inspection described in paragraph (2); (4) to resist a lawful arrest for any act prohibited by this section; (5) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this section; or (6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other person has committed an act prohibited by this section. (b) Civil Penalty.--Any person who commits any act that is unlawful under subsection (a) shall be liable to the United States for a civil penalty, or may be subject to a permit sanction, under section 308 of the Magnuson Act (16 U.S.C. 1858). (c) Criminal Penalty.--Any person who commits an act that is unlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall be guilty of an offense punishable under section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)). (d) Civil Forfeiture.-- (1) In general.--Any vessel (including its gear, furniture, appurtenances, stores, and cargo) used in the commission of an act that is unlawful under subsection (a), and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act that is unlawful under subsection (a), shall be subject to seizure and forfeiture as provided in section 310 of the Magnuson Act (16 U.S.C. 1860). (2) Disposal of fish.--Any fish seized pursuant to this Act may be disposed of pursuant to the order of a court of competent jurisdiction or, if perishable, in a manner prescribed by regulations issued by the Secretary. (e) Enforcement.--The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce the provisions of this Act and shall have the authority specified in sections 311 (a), (b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and (c)) for that purpose. (f) Jurisdiction of Courts.--The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under this section and may, at any time-- (1) enter restraining orders or prohibitions; (2) issue warrants, process in rem, or other process; (3) prescribe and accept satisfactory bonds or other security; and (4) take such other actions as are in the interests of justice. SEC. 8. CONSULTATIVE COMMITTEE. (a) Establishment.--The Secretary of State and the Secretary, shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention. (b) Membership.--(1) The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean. (2) Terms and Reappointment.--Each member of the consultative committee shall serve for a term of two years and shall be eligible for reappointment. (c) Duties of the Committee.--Members of the consultative committee may attend-- (1) all public meetings of the General Council or the Fisheries Commission; (2) any other meetings to which they are invited by the General Council or the Fisheries Commission; and (3) all nonexecutive meetings of the United States Commissioners. (d) Relationship to Other Law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the consultative committee established under this section. SEC. 9. ADMINISTRATIVE MATTERS. (a) Prohibition on Compensation.--A person shall not receive any compensation from the Government by reason of any service of the person as-- (1) a Commissioner, Alternate Commissioner, Representative, or Alternative Representative; (2) an expert or adviser authorized under section 202(e); or (3) a member of the consultative committee established by section 8. (b) Travel and Expenses.--The Secretary of State shall, subject to the availability of appropriations, pay all necessary travel and other expenses of persons described in subsection (a)(1) and of not more than six experts and advisers authorized under section 2(e) with respect to their actual performance of their official duties pursuant to this Act, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. (c) Status as Federal Employees.--A person shall not be considered to be a Federal employee by reason of any service of the person in a capacity described in subsection (a), except for purposes of injury compensation and tort claims liability under chapter 81 of title 5, United States Code, and chapter 17 of title 28, United States Code, respectively. SEC. 10. DEFINITIONS. In this Act the following definitions apply: (1) Authorized enforcement officer.--The term ``authorized enforcement officer'' means a person authorized to enforce this Act, any regulation issued under this Act, or any measure that is legally binding on the United States under the Convention. (2) Commissioner.--The term ``Commissioner'' means a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 2(a). (3) Convention.--The term ``Convention'' means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978. (4) Fisheries commission.--The term ``Fisheries Commission'' means the Fisheries Commission provided for by Articles II, XI, XII, XIII, and XIV of the Convention. (5) General council.--The term ``General Council'' means the General Council provided for by Article II, III, IV, and V of the Convention. (6) Magnuson act.--The term ``Magnuson Act'' means the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (7) Organization.--The term ``Organization'' means the Northwest Atlantic Fisheries Organization provided for by Article II of the Convention. (8) Person.--The term ``person'' means any individual (whether or not a citizen or national of the United States), and any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State). (9) Representative.--The term ``Representative'' means a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 2(c). (10) Scientific council.--The term ``Scientific Council'' means the Scientific Council provided for by Articles II, VI, VII, VIII, IX, and X of the Convention. (11) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, including use for payment as the United States contribution to the Organization as provided in Article XVI of the Convention, $500,000 for each of the fiscal years 1995, 1996, 1997, and 1998. Passed the House of Representatives March 28, 1995. Attest: ROBIN H. CARLE, Clerk.", "summary": "Northwest Atlantic Fisheries Convention Act of 1995 - Provides for the implementation of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, including regarding: (1) appointment of U.S. representatives and alternate representatives as Commissioners and on the Scientific Council; (2) handling of requests for scientific advice; (3) the authorities of the Secretary of State; and (4) cooperation between various agencies, the States, private institutions, and organizations. Makes certain actions unlawful, including: (1) violating any regulation issued under this Act or any measure legally binding on the United States under the Convention; (2) resisting, impeding, intimidating, or interfering with certain actions; and (3) transporting, selling, or possessing fish taken in violation of these provisions. Provides for: (1) civil and criminal penalties, permit sanctions, and forfeiture of vessels, cargo, and fish; (2) enforcement by the Coast Guard; and (3) U.S. district court exclusive jurisdiction. Directs the Secretaries of State and Commerce to jointly establish a consultative committee on issues related to the Convention. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Statewide PTV Access Act of 2009''. SEC. 2. SECONDARY TRANSMISSION OF NONCOMMERCIAL STATIONS BY SATELLITE CARRIERS OUTSIDE LOCAL MARKETS. (a) Secondary Transmissions.--Section 119(a)(2)(C) of title 17, United States Code, is amended-- (1) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and (2) by inserting after clause (ii) the following: ``(iii) Noncommercial educational broadcast stations.-- ``(I) Secondary transmissions within state-wide network.--In the case of a State-wide network of noncommercial educational broadcast stations, the statutory license provided for in subparagraph (A) shall apply to the secondary transmission of any noncommercial educational broadcast station in that State-wide network to any subscriber in any county within that State that is located outside that station's local market and is not served by a noncommercial educational television broadcast station that is located within that State. ``(II) State-wide network defined.--In this clause, the term `State-wide network of noncommercial educational broadcast stations' is a network of three or more noncommercial educational broadcast stations that are licensed to a single State, political, educational, or special purpose subdivision of a State, or a single public agency.''. (b) Royalty Fee.--Section 119(b)(1)(B) of title 17, United States Code, is amended by inserting ``or paragraph (2)(C)(iii)'' after ``subscriber under paragraph (3)''. SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934. (a) In General.--Section 325(b)(2) of the Communications Act of 1934 (47 U.S.C. 325 (b)(2)) is amended-- (1) by striking ``or'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; or''; and (3) by inserting after subparagraph (E) the following new subparagraph: ``(F) to retransmission of the signal of a television broadcast station outside the station's local market by a satellite carrier directly to its subscribers, if-- ``(i) such station is a part of a network of three or more noncommercial educational broadcast stations that are licensed to a single State, political, educational, or special purpose subdivision of a State, or a single public agency; and ``(ii) the satellite carrier retransmits the secondary signal of such eligible noncommercial educational broadcast station only to its subscribers-- ``(I) located in any county within that State that is located outside that station's local market; and ``(II) not served by another noncommercial educational broadcast station that is located within that State;''. (b) Distant Signals.--Section 339(a)(1) of the Communications Act of 1934 (47 U.S.C. 339 (a)(1)) is amended by adding at the end the following new subparagraph: ``(C) In the case of a network of three or more noncommercial educational broadcast stations that are licensed to a single State, political, educational, or special purpose subdivision of a State, or public agency, a satellite carrier may carry the signals of such network to all subscribers in any county within that State that is located outside that station's designated market area and is not served by another noncommercial educational broadcast station located within that State.''.", "summary": "Statewide PTV Access Act of 2009 - Permits a satellite carrier to retransmit the signals of a state-wide network of noncommercial educational broadcast stations to any subscriber in any county within such state that is: (1) outside that station's local market; and (2) not served by an in-state noncommercial educational television broadcast station. Amends the Communications Act of 1934 to permit a satellite carrier to retransmit the signals of a television broadcast station outside the station's local market directly to its subscribers if: (1) such station is a part of a network of three or more noncommercial educational broadcast stations that are licensed to a single state, political, educational, or special purpose subdivision of a state, or to a single public agency; and (2) the carrier retransmits such signal only to subscribers in a county within that state that is outside the station's local market and is not served by another in-state noncommercial educational broadcast station."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Employment Opportunity Restoration Act of 2012''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Congress has enacted laws to eradicate workplace discrimination and to secure equal employment opportunities for all Americans, as noted in Teamsters v. United States, 431 U.S. 324 (1977) and McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (stating that civil rights laws are meant ``to assure equality of employment opportunities and to eliminate . . . discriminatory practices and devices'' in the workplace). (2) Workplace discrimination laws prohibit subjective employment practices that operate to deny equal employment opportunities to employees, as explained in Watson v. Fort Worth Bank & Trust, 487 U.S. 977 (1988), which stated that personnel decisions ``based on the exercise of personal judgment or the application of inherently subjective criteria'' are unlawful when the personnel decisions have the effect of discriminating on grounds prohibited by law. (3) Class actions often have been the most effective means to enforce employment discrimination laws, as explained in East Texas Motor Freight System Inc. v. Rodriguez, 431 U.S. 395 (1977) (``[S]uits alleging . . . discrimination are often by their very nature class suits, involving classwide wrongs'' where ``[c]ommon questions of law or fact are typically present.'') and in Eisen v. Carlisle & Jacquelin, 417 U.S. 156 (1974) (``Economic reality dictates that [claims of relatively small value] proceed as a class action or not at all.''). (4) Historically, a class action alleging employment discrimination could be maintained if the class was united by a common issue of law or fact. As a leading legal treatise, William B. Rubenstein, 1 Newberg on Class Actions Sec. 3:20 (5th ed. 2011), explained, ``this requirement [was] easily met in most cases''. As another leading treatise, Charles A. Wright et al., 7A Federal Practice and Procedure, Wright and Miller Sec. 1763 (3rd ed. 2005), explained, this requirement had been given ``permissive application''. (5) However, the Supreme Court recently made it more difficult for victims of discrimination to vindicate claims for their rights. In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the Court required ``convincing proof of a companywide discriminatory pay and promotion policy'' as a prerequisite to class certification. In a dissent in that case, Justice Ginsberg wrote that the Court's decision ``disqualifies the class at the starting gate''. (b) Purpose.--The purpose of this Act is to restore employees' ability to challenge, as a group, discriminatory employment practices, including subjective employment practices. SEC. 3. GROUP ACTIONS. (a) In General.--Part VI of title 28, United States Code, is amended by adding at the end the following: ``CHAPTER 182--GROUP ACTIONS ``Sec. ``4201. Group actions in certain employment discrimination cases. ``Sec. 4201. Group actions in certain employment discrimination cases ``(a) Group Actions.--In seeking relief under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.), section 1977 of the Revised Statutes (42 U.S.C. 1981), or title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.) (individually referred to in this section as a `covered employment statute'), 1 or more members (collectively referred to in this section as the `representative party') of a group may sue on behalf of all members of the group if the representative party shows, by a reasonable inference, that-- ``(1) the members of the group are so numerous that their joinder is impracticable; ``(2) the claims of the representative party are typical of the claims of the group the representative party seeks to represent and the representative party and the representative party's counsel will fairly and adequately protect the interests of the group; and ``(3) the members of the group are, or have been, subject to an employment practice that has adversely affected or is adversely affecting a significant portion of the group's members. ``(b) Subjective Employment Practices.-- ``(1) Definition.--In this subsection, the term `subjective employment practice' means-- ``(A) an employer's policy of leaving personnel decisions to the unguided discretion of supervisors, managers, and other employees with authority to make such personnel decisions; or ``(B) an employment practice that combines a subjective employment practice, as defined in subparagraph (A), with other types of personnel decisions. ``(2) Challenges.--A representative party may challenge a subjective employment practice covered by a covered employment statute in a group action filed under this section to the same extent as the party may challenge any other employment practice covered by the covered employment statute in such an action. ``(3) Exercise of discretion in different ways.--The fact that individual supervisors, managers, or other employees with authority to make personnel decisions may exercise discretion in different ways in applying a subjective employment practice under the covered employment statute shall not preclude a representative party from filing a corresponding group action under this section. ``(4) Consideration of written nondiscrimination policy.-- In determining whether to certify a group action challenging an employment practice, the court may consider as evidence, in opposition to certification, an employer's written nondiscrimination policy only to the extent that the employer demonstrates that the policy has been consistently and effectively used to prevent and, where necessary, promptly correct discrimination against the group. ``(c) Relationship to Rule 23 of the Federal Rules of Civil Procedure.-- ``(1) Election of procedure.--The representative party may elect to proceed in a group action under this section or in a class action under rule 23 of the Federal Rules of Civil Procedure. This election shall occur not later than the latest date on which the representative party may petition for class certification under rule 23 of the Federal Rules of Civil Procedure. ``(2) Rule 23 requirements.--To the extent consistent with this section, the court shall apply the provisions of rule 23(c) through rule 23(h) of the Federal Rules of Civil Procedure, including the requirements under rule 23 regarding notice and requests for exclusion, to claims brought pursuant to this section. ``(3) Interlocutory appellate review.--Decisions granting or denying certification of claims as group actions under this section are subject to review to the same extent as orders granting or denying class certification pursuant to rule 23 of the Federal Rules of Civil Procedure. ``(4) Class action fairness act.--Group actions certified under this section shall be subject to section 1332(d), section 1453, and chapter 114 to the same extent as class actions certified pursuant to rule 23 of the Federal Rules of Civil Procedure. ``(5) Rule of construction.--Nothing in this section shall be construed to create any inference regarding the standards for determining whether claims may be adjudicated together under any law other than the covered employment statutes. ``(d) Remedies.-- ``(1) Availability of remedies.--If an employer has been found liable under a covered employment statute against a group certified under this section, the court may deny a remedy available under the covered employment statute to a member of the group only if the employer demonstrates, by a preponderance of the evidence, that the member of the group would not have received the corresponding employment opportunity or benefit even in the absence of a violation of the covered employment statute. ``(2) Relief.-- ``(A) In general.--The court shall fashion the most complete relief possible for members of a prevailing group described in this section and shall have broad discretion in determining how to fashion that relief. ``(B) Exercise of discretion.--In exercising its discretion under this paragraph, the court shall-- ``(i) use such procedures as the interests of justice warrant, which procedures may include economic or statistical modeling, mathematical calculation, sampling, individual adjudication, and other means the court may adopt; ``(ii) consider which procedure will best ensure that members of the group will be made whole; ``(iii) consider which procedure will best minimize the cost to and burden on the parties; and ``(iv) consider which procedure most reliably and efficiently accounts for limitations on the court's ability to identify individual members of the group and to measure the harm incurred by individual members of the group.''. (b) Technical and Conforming Amendment.--The table of chapters for part VI of title 28, United States Code, is amended by adding at the end the following: ``182. Group actions........................................ 4201''.", "summary": "Equal Employment Opportunity Restoration Act of 2012 - Amends the federal judicial code to permit one or more members of a group seeking relief for discriminatory employment practices under specified provisions of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Rehabilitation Act of 1973, equal rights laws under the Revised Statutes, or the Genetic Information Nondiscrimination Act of 2008 to sue on behalf of all members of the group if the representative party shows, by a reasonable inference, that: (1) members of the group are so numerous that their joinder is impracticable; (2) claims of the representative party are typical of the claims of the group the representative party seeks to represent and the representative party and the representative party's counsel will fairly and adequately protect the interests of the group; and (3) members of the group are, or have been, subject to an employment practice that has adversely affected or is adversely affecting a significant portion of the group's members. (Thus establishing a new standard for employees bringing group actions for certain employment discrimination, notwithstanding the Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes, which required \"convincing proof of a companywide discriminatory pay and promotion policy\" as a prerequisite to class certification.) Permits a representative party to challenge a subjective employment practice covered by any of the above-referenced employment statutes in a group action filed under this Act to the same extent as the party may challenge any other employment practice covered by such a statute in such an action. Defines a \"subjective employment practice\" as: (1) an employer's policy of leaving personnel decisions to the unguided discretion of supervisors, managers, and other employees with authority to make such personnel decisions; or (2) an employment practice combining such a subjective employment practice with other types of personnel decisions. Prohibits the fact that individual supervisors, managers, or other employees with authority to make personnel decisions may exercise discretion in different ways in applying a subjective employment practice under such a statute from precluding a representative party from filing a corresponding group action. Allows a representative party to elect to proceed in a group action under this Act or in a class action under the Federal Rules of Civil Procedure."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Affordability and Equity Act of 2001''. SEC. 2. CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. ``(b) Limitations.-- ``(1) In general.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for eligible coverage months during such taxable year for each individual referred to in subsection (a). ``(2) Monthly limitation.-- ``(A) In general.--The monthly limitation for an individual for each eligible coverage month of such individual during the taxable year is the amount equal to \\1/12\\ of $1,500. ``(B) Limitation to 2 individuals.--Not more than 2 individuals may be taken into account by the taxpayer under this subsection. ``(C) Special rule for married individuals.--In the case of an individual-- ``(i) who is married (within the meaning of section 7703) as of the close of the taxable year but does not file a joint return for such year, and ``(ii) who does not live apart from such individual's spouse at all times during the taxable year, only such individual may be taken into account under this subsection. ``(3) Eligible coverage month.--For purposes of this subsection, the term `eligible coverage month' means, with respect to an individual, any month if-- ``(A) as of the first day of such month such individual is covered by qualified health insurance the premium for which was paid by the taxpayer, and ``(B) there was at least a 12-month period beginning after December 31, 2001, and ending before such month throughout which the individual-- ``(i) was not covered by qualified health insurance, and ``(ii) was not eligible to participate in any employer-provided group health plan. ``(c) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The aggregate amount which would (but for this subsection) be allowed as a credit under this section shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.-- ``(A) In general.--The amount determined under this paragraph shall be the amount which bears the same ratio to such aggregate amount as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) the applicable dollar amount, bears to ``(ii) $10,000. ``(B) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Rounding.--Any amount determined under subparagraph (A) which is not a multiple of $10 shall be rounded to the next lowest $10. ``(3) Applicable dollar amount.--For purposes of paragraph (2), the term `applicable dollar amount' means-- ``(A) $60,000 in the case of a taxpayer whose qualified health insurance coverage covers more than 1 individual referred to in subsection (a), and ``(B) $30,000-- ``(i) in any case not described in subparagraph (A), and ``(ii) in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(d) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--The term `qualified health insurance' means insurance which constitutes medical care; except that such term shall not include any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c). ``(2) Credit not allowable for certain subsidized coverage.--Except for purposes of subsection (b)(3)(B), the term `qualified health insurance' shall not include any coverage less than 50 percent of the cost of which is borne by the taxpayer. ``(e) Denial of Credit for Amounts Paid Under Certain Government- Provided Programs.-- ``(1) In general.--No credit shall be allowed under this section for amounts paid under-- ``(A) title XVIII, XIX, or XXI of the Social Security Act, ``(B) chapter 55 of title 10, United States Code, ``(C) chapter 17 of title 38, United States Code, or ``(D) the Indian Health Care Improvement Act. ``(2) Coverage under program included in determining eligibility.--Coverage under any of the provisions referred to in paragraph (1) shall be treated as coverage under qualified health insurance for purposes of subsection (b)(3)(B). ``(g) Special Rules.-- ``(1) Coordination with other deductions.--No credit shall be allowed under this section for the taxable year if any amount paid for qualified health insurance is taken into account in determining any deduction allowed for such year under sections 162(l), 213, or 222. ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 2002, the dollar amount in subsection (b)(2)(A) and each dollar amount in subsection (c)(3) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Health insurance costs of previously uninsured individuals.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF EMPLOYEES AND SELF-EMPLOYED INDIVIDUALS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. COSTS OF QUALIFIED HEALTH INSURANCE. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance (as defined in section 25B(d)). ``(b) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). ``(2) Deduction not allowed for self-employment tax purposes.--The deduction allowable by reason of this section shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.'' (b) Conforming Amendments.-- (1) Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new item: ``(18) Costs of qualified health insurance.--The deduction allowed by section 222.'' (3) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Costs of qualified health insurance. ``Sec. 223. Cross reference.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.", "summary": "Health Insurance Affordability and Equity Act of 2001 - Amends the Internal Revenue Code to allow a limited credit for qualified health insurance costs paid for by an individual during a period when the individual was not covered by qualified health insurance and was not eligible to participate in any employer provided group health plan.Provides for the deduction of the qualified health insurance costs of employees and the self-employed."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Laundering Prevention Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Money laundering is a serious problem: between $100,000,000,000 and $300,000,000,000 in United States currency is ``laundered'' each year and the total dollar amount involved in international money laundering likely exceeds $500,000,000,000. (2) Money laundering is critical to the survival of the illicit drug trade, which has annual worldwide revenues of more than $400,000,000,000, more than 8 percent of the total value of international trade. (3) United States financial institutions are a critical link in our efforts to combat money laundering. (4) Highly secretive and loosely regulated private banking services that cater to wealthy clients are particularly vulnerable to use by drug traffickers for money laundering purposes, and it is estimated that private banking services have banking assets ranging from $200,000,000,000 to $300,000,000,000. (b) Purposes.--The purposes of this Act are as follows: (1) To ensure that United States financial institutions make combating money laundering the highest of priorities. (2) To close the existing gaps in law that allow money laundering to flourish in the private banking system. (3) To designate foreign high-intensity money laundering areas for the purpose of targeting areas of concentrated money laundering activities. (4) To require the Board of Governors of the Federal Reserve System to take into account money laundering activities in the consideration of applications under section 3 of the Bank Holding Company Act of 1956. SEC. 3. REPORT ON PRIVATE BANKING ACTIVITIES. (a) In General.--Before the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Federal banking agencies (as defined in section 3(z) of the Federal Deposit Insurance Act) shall submit a report on private banking activities in the United States to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (b) Contents of Report.--The report required under subsection (a) shall include information on the following: (1) The nature and extent of private banking activities in the United States. (2) Regulatory efforts to monitor private banking activities and ensure that such activities are conducted in compliance with subchapter II of chapter 53 of title 31, United States Code, and section 21 of the Federal Deposit Insurance Act. (3) The policies and procedures of depository institutions that are designed to ensure compliance by such institutions with the requirements of subchapter II of chapter 53 of title 31, United States Code, and section 21 of the Federal Deposit Insurance Act. (c) Private Banking Activities Defined.--For purposes of this section, the term ``private banking activities'' includes, with respect to a financial institution, personalized services, such as money management, financial advice, and investment services, that are provided to individuals with a high net worth and are not provided generally to all clients of the financial institution. SEC. 4. REQUIRE THAT ANTI-MONEY LAUNDERING PROGRAMS PROHIBIT MONEY LAUNDERING THROUGH CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS BY REQUIRING THE AVAILABILITY OF CERTAIN ACCOUNT INFORMATION. Section 5318(h) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(3) Availability of certain account information.--The Secretary of the Treasury shall prescribe regulations under this subsection which require financial institutions to maintain all accounts in such a way as to ensure that-- ``(A) the name of the account holder and the number of the account are associated with all account activity of the account holder; and ``(B) all such information is available for purposes of account supervision and law enforcement.'' SEC. 5. DESIGNATION OF FOREIGN HIGH-INTENSITY MONEY LAUNDERING AREAS. (a) In General.--Subchapter III of chapter 53 of title 31, United States Code (as added by the Money Laundering and Financial Crimes Strategy Act of 1998) is amended by adding at the end the following new part: ``Part 3--International Money Laundering and Related Financial Crimes ``Sec. 5361. Designation of foreign high-intensity money laundering areas ``(a) In General.--The Secretary, in consultation with the Federal banking agencies, shall develop criteria for identifying areas outside the United States in which money laundering activities are concentrated. ``(b) Designation.--The Secretary shall designate as a high- intensity money laundering area any foreign country in which there is an area identified, in accordance with the criteria developed pursuant to subsection (a), as an area in which money laundering activities are concentrated. ``(c) Notice and Warning.--Upon the designation, under subsection (b), of a country as a high-intensity money laundering area, the Secretary shall provide-- ``(1) a written notice to each insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act), and each depository institution holding company (as defined in such section 3) that controls an insured depository institution, of the identity of the country designated; and ``(2) a written warning that there is a concentration of money laundering activity in such country.''. (b) Clerical Amendment.--The table of subchapters for chapter 53 of title 31, United States Code, is amended by adding at the end the following item: ``Part 3--International Money Laundering and Related Financial Crimes ``5361. Designation of foreign high-intensity money laundering areas.''. SEC. 6. DOUBLE THE CRIMINAL PENALTIES FOR VIOLATIONS INVOLVING HIGH- INTENSITY MONEY LAUNDERING AREAS. (a) In General.--Section 5322 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) Doubled Penalty.--The court may double the sentence of fine or imprisonment, or both, that could otherwise be imposed on any person for a violation described in subsection (a) or (b) if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area under section 5361 was in effect at the time of the violation.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to any violation committed on or after the date of the enactment of this Act. SEC. 7. AMENDMENT TO SECTION 3 OF THE BANK HOLDING COMPANY ACT OF 1956. (a) In General.--Section 3(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(c)) is amended by adding at the end the following new paragraph: ``(6) Money laundering.--In every case-- ``(A) the Board shall take into consideration the effectiveness of the company or companies in combating and preventing money laundering activities, including in overseas branches; ``(B) the Board shall not consider any application under this section involving any company which is the subject of any-- ``(i) pending Federal investigation of possible money laundering or other related financial crimes; or ``(ii) pending Federal prosecution for money laundering or other related financial crimes, until such investigation or prosecution is completed and a finding is made, except that this subparagraph shall not apply if the period for such completion and the making of findings exceeds 3 years; and ``(C) the Board shall disapprove any application under this section involving any company which has been found criminally or civilly liable for money laundering or any related financial crime during the 5-year period preceding the consideration of such application by the Board.''. (b) Scope of Application.--The amendment made by subsection (a) shall apply with respect to any application submitted to the Board of Governors of the Federal Reserve System under section 3 of the Bank Holding Company Act of 1956 after December 31, 1997, which has not been approved by the Board before the date of the enactment of this Act.", "summary": "Money Laundering Prevention Act of 1999 - Directs the Secretary of the Treasury to submit a report to specified congressional committees on private banking activities in the United States. (Sec. 4) Amends Federal banking law to direct the Secretary to prescribe regulations which require financial institutions to maintain all accounts in such a way as to ensure that: (1) the the name of the account holder and the number of the account are associated with all account activity of such holder; and (2) all such information is available for purposes of account supervision and law enforcement. (Sec. 5) Directs the Secretary to develop criteria for identifying areas outside the United States in which money laundering activities are concentrated, designate such areas as high-intensity money laundering areas, provide a written notice to each insured depository institution and each depository institution holding company that controls an insured depository institution of the identity of the country designated, and provide a written warning that there is a concentration of money laundering activity in such country. (Sec. 6) Authorizes the court to double the sentence of fine, imprisonment, or both, that could be otherwise imposed if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area was in effect at the time of the violation. (Sec. 7) Amends the Bank Holding Company Act of 1956 to direct that the Board of Governors of the Federal Reserve System: (1) take into consideration the effectiveness of the company in combating and preventing money laundering activities, including in overseas branches; (2) not consider any application (regarding acquisition of bank shares or assets) involving any company which is the subject of any pending Federal investigation of possible money laundering or other related financial crimes, or pending Federal prosecution for such crimes, until such investigation or prosecution is completed and a finding is made, with an exception; and (3) disapprove any such application involving a company which has been found criminally or civilly liable for such a crime during the five-year period preceding consideration of such application by the Board."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Fairness and Reform Act of 2009''. SEC. 2. ELECTION TO RECEIVE STATE CONTRIBUTION TO HIGHWAY TRUST FUND IN LIEU OF PARTICIPATING IN FEDERAL-AID HIGHWAY PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following: ``\u0006150. Direct Federal-aid highway program ``(a) In General.--Beginning with fiscal year 2011, the Secretary shall carry out a direct Federal-aid highway program in accordance with the requirements of this section. Under the program, the Governor or chief executive officer of a State may elect, not less than 90 days before the beginning of the fiscal year, to have the State waive its right to receive amounts apportioned or allocated to it under the Federal-aid highway program for the fiscal year to which the election relates; and to receive instead the amount determined under subsection (d) for that fiscal year. The election shall be made in such form and manner as the Secretary may require and shall be irrevocable. ``(b) State Responsibility.-- ``(1) In general.--The Secretary shall accept an election under subsection (a) if the Secretary determines that the State-- ``(A) has an interstate maintenance program and agrees to maintain the interstate in accordance with that program; ``(B) submits a plan to the Secretary describing-- ``(i) the purposes, projects, and uses to which amounts received under the program will be put; and ``(ii) which programmatic requirements of this title the State elects to continue; ``(C) agrees to obligate or expend amounts received under the program exclusively for projects that would be eligible for funding under section 133(b) of this title if the State were not participating in the program; and ``(D) agrees to report annually to the Secretary on the use of amounts received under the program and to make the report available to the public in an easily accessible format. ``(2) Safety requirements.--The Secretary may determine that requirements important for transportation safety continue to apply to a State that makes an election under subsection (a). ``(3) Surface transportation program.--A State that makes an election under subsection (a) shall continue to suballocate funds to urbanized areas and other areas using the formulae and rules under section 133(d)(3) of this title. ``(4) No limitation on use of funds.--Except as provided in paragraphs (1), (2), and (3), the expenditure or obligation of funds received by the State under the program are not subject to regulation under this title or title 49. ``(c) Effect on Pre-existing Obligations.--The making of an election under subsection (a) shall not affect any obligation, responsibility, or commitment of the State under this title for any fiscal year with respect to-- ``(1) a project or program funded under this title (other than under this section); or ``(2) any project or program funded under this title in any fiscal year for which an election under subsection (a) is not in effect. ``(d) Transfers.-- ``(1) In general.--The amount to be transferred to a State under the program for a fiscal year shall be the portion of the taxes appropriated to the Highway Trust Fund under section 9503 of the Internal Revenue Code of 1986, other than for the Mass Transit Account, for a fiscal year for which an election is in effect under subsection (a) that is attributable to highway users in that State during that fiscal year, reduced by a pro rata share withheld by the Secretary to fund contract authority for programs of the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration. ``(2) General fund amounts.--For purposes of paragraph (1), any amounts deposited in or credited to the Highway Trust Fund from the general fund of the Treasury shall be treated as if they were taxes appropriated to the Fund. ``(3) Transfers.-- ``(A) In general.--Transfers under the program-- ``(i) shall be made at the same time as deposits to the Highway Trust Fund are made by the Secretary of the Treasury; ``(ii) shall be made on the basis of estimates by the Secretary, in consultation with the Secretary of the Treasury, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of, or less than, the amounts required to be transferred. ``(B) Limitation.--An adjustment under subparagraph (A)(ii) to any transfer may not exceed 5 percent of the transferred amount to which the adjustment relates. If the adjustment required under subparagraph (A)(ii) exceeds that percentage, the excess shall be taken into account in making subsequent adjustments under subparagraph (A)(ii). ``(e) Application with Other Authority.--The Secretary shall rescind or cancel any contract authority under this chapter (and any obligation limitation) for a State for a fiscal year for which an election by that State is in effect under subsection (a).''. (b) Clerical Amendment.--The chapter analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 149 the following: ``150. Direct Federal-aid highway program.''.", "summary": "Highway Fairness and Reform Act of 2009 - Directs the Secretary of Transportation, beginning with FY2011, to carry out a direct federal-aid highway program to permit a state governor or chief executive officer, at least 90 days before the beginning of a fiscal year, to elect to: (1) waive the state's right to receive apportioned or allocated funds under the federal-aid highway program; and (2) receive instead a prorated amount of the taxes appropriated to the Highway Trust Fund (other than from the Mass Transit Account) which are attributable to highway users in the state. Requires a pro rata reduction of such tax-equivalent amount in order to fund contract authority for programs of the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA). Requires the Secretary to accept a state's election if: (1) the state has an interstate maintenance program; (2) it submits a plan describing the purposes, projects, and uses to which such amounts will be put and the federal-aid highway programmatic requirements the state elects to continue; (3) the state agrees to obligate program amounts exclusively for projects that would be eligible for surface transportation program funding; and (4) it continues to suballocate surface transportation program funds to urbanized and other areas using certain formulae and rules."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens Against Marketing Scams Act of 1993''. SEC. 2. FINDINGS AND DECLARATION. The Congress makes the following findings and declaration: (1) Unprecedented Federal law enforcement investigations have uncovered a national network of illicit telemarketing operations. (2) Most of the telemarketing industry is legitimate, employing over 3,000,000 people through direct and indirect means. (3) Illicit telemarketers, however, are an increasing problem which victimizes our Nation's senior citizens in disproportionate numbers. (4) Interstate telemarketing fraud has become a problem of such magnitude that the resources of the Department of Justice are not sufficient to ensure that there is adequate investigation of, and protection from, such fraud. (5) Telemarketing differs from other sales activities in that it can be carried out by sellers across State lines without direct contact. Telemarketers can also be very mobile, easily moving from State to State. (6) It is estimated that victims lose billions of dollars a year as a result of telemarketing fraud. (7) Consequently, Congress should enact legislation that will-- (A) enhance Federal law enforcement resources; (B) ensure adequate punishment for telemarketing fraud; and (C) educate the public. SEC. 3. ENHANCED PENALTIES FOR TELEMARKETING FRAUD. (a) Offense.--Part I of title 18, United States Code, is amended-- (1) by redesignating chapter 113A as chapter 113B; and (2) by inserting after chapter 113 the following new chapter: ``CHAPTER 113A--TELEMARKETING FRAUD ``Sec. ``2325. Definition. ``2326. Enhanced penalties. ``2327. Restitution. ``Sec. 2325. Definition ``In this chapter, `telemarketing'-- ``(1) means a plan, program, promotion, or campaign that is conducted to induce-- ``(A) purchases of goods or services; or ``(B) participation in a contest or sweepstakes, by use of 1 or more interstate telephone calls initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant; but ``(2) does not include the solicitation of sales through the mailing of a catalog that-- ``(A) contains a written description or illustration of the goods or services offered for sale; ``(B) includes the business address of the seller; ``(C) includes multiple pages of written material or illustration; and ``(D) has been issued not less frequently than once a year, if the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls take orders without further solicitation. ``Sec. 2326. Enhanced penalties ``An offender that is convicted of an offense under 1028, 1029, 1341, 1342, 1343, or 1344 in connection with the conduct of telemarketing-- ``(1) may be imprisoned for a term of 5 years in addition to any term of imprisonment imposed under any of those sections, respectively; and ``(2) in the case of an offense under any of those sections that-- ``(A) victimized 20 or more persons over the age of 55; or ``(B) targeted persons over the age of 55, may be imprisoned for a term of 10 years in addition to any term of imprisonment imposed under any of those sections, respectively. ``Sec. 2327. Restitution ``In sentencing an offender under section 2326, the court shall order the offender to pay restitution to any victims and may order the offender to pay restitution to others who sustained losses as a result of the offender's fraudulent activity.''. (b) Technical Amendments.-- (1) Part analysis.--The part analysis for part I of title 18, United States Code, is amended by striking the item relating to chapter 113A and inserting the following: ``113A. Telemarketing fraud................................. 2325 ``113B. Terrorism........................................... 2331''. (2) Chapter 113b.--The chapter heading for chapter 113B of title 18, United States Code, as redesignated by subsection (a)(1), is amended to read as follows: ``CHAPTER 113B--TERRORISM''. SEC. 4. FORFEITURE OF FRAUD PROCEEDS. Section 982(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(6) The Court, in sentencing an offender under section 2326, shall order that the offender forfeit to the United States any real or personal property constituting or derived from proceeds that the offender obtained directly or indirectly as a result of the offense.''. SEC. 5. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS. (a) Review.--The United States Sentencing Commission shall review and, if necessary, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against older victims over the age of 55 are adequate. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Sentencing Commission shall report to Congress the result of its review under subsection (a). SEC. 6. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION. Section 3059 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(c)(1) In special circumstances and in the Attorney General's sole discretion, the Attorney General may make a payment of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution under section 2325 which results in a conviction. ``(2) A person is not eligible for a payment under paragraph (1) if-- ``(A) the person is a current or former officer or employee of a Federal, State, or local government agency or instrumentality who furnishes information discovered or gathered in the course of government employment; ``(B) the person knowingly participated in the offense; ``(C) the information furnished by the person consists of an allegation or transaction that has been disclosed to the public-- ``(i) in a criminal, civil, or administrative proceeding; ``(ii) in a congressional, administrative, or General Accounting Office report, hearing, audit, or investigation; or ``(iii) by the news media, unless the person is the original source of the information; or ``(D) when, in the judgment of the Attorney General, it appears that a person whose illegal activities are being prosecuted or investigated could benefit from the award. ``(3) For the purposes of paragraph (2)(C)(iii), the term `original source' means a person who has direct and independent knowledge of the information that is furnished and has voluntarily provided the information to the Government prior to disclosure by the news media. ``(4) Neither the failure of the Attorney General to authorize a payment under paragraph (1) nor the amount authorized shall be subject to judicial review.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 1994 for the purposes of carrying out this Act and the amendments made by this Act-- (1) $10,000,000 for the Federal Bureau of Investigation to hire, equip, and train no fewer than 100 special agents and support staff to investigate telemarketing fraud cases; (2) $3,500,000 to hire, equip, and train no fewer than 30 Department of Justice attorneys, assistant United States Attorneys, and support staff to prosecute telemarketing fraud cases; and (3) $10,000,000 for the Department of Justice to conduct, in cooperation with State and local law enforcement agencies and senior citizen advocacy organizations, public awareness and prevention initiatives for senior citizens, such as seminars and training. SEC. 8. BROADENING APPLICATION OF MAIL FRAUD STATUTE. Section 1341 of title 18, United States Code, is amended-- (1) by inserting ``or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier,'' after ``Postal Service,''; and (2) by inserting ``or such carrier'' after ``causes to be delivered by mail''. SEC. 9. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES. Section 1029 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (3); and (B) by inserting after paragraph (4) the following new paragraphs: ``(5) knowingly and with intent to defraud effects transactions, with 1 or more access devices issued to another person or persons, to receive payment or any other thing of value during any 1-year period the aggregate value of which is equal to or greater than $1,000; ``(6) without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of-- ``(A) offering an access device; or ``(B) selling information regarding or an application to obtain an access device; or ``(7) without the authorization of the credit card system member or its agent, knowingly and with intent to defraud causes or arranges for another person to present to the member or its agent, for payment, 1 or more evidences or records of transactions made by an access device;''; (2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)'' and inserting ``(a) (2), (3), (5), (6), or (7)''; and (3) in subsection (e)-- (A) by striking ``and'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(7) the term `credit card system member' means a financial institution or other entity that is a member of a credit card system, including an entity, whether affiliated with or identical to the credit card issuer, that is the sole member of a credit card system.''. SEC. 10. INFORMATION NETWORK. (a) Hotline.--The Attorney General shall establish a national toll- free hotline for the purpose of-- (1) providing general information on telemarketing fraud to interested persons; and (2) gathering information related to possible violations of this Act. (b) Action on Information Gathered.--The Attorney General shall work in cooperation with the Federal Trade Commission to ensure that information gathered through the hotline shall be acted on in an appropriate manner. Passed the Senate July 30 (legislative day, June 30), 1993. Attest: WALTER J. STEWART, Secretary.", "summary": "Senior Citizens Against Marketing Scams Act of 1993 - Amends the Federal criminal code to provide for enhanced penalties for telemarketing fraud that targets or victimizes persons over age 55. Directs the court to order offenders to: (1) pay restitution to persons who sustained losses as a result of the fraudulent activity; and (2) forfeit to the United States property constituting or derived from proceeds obtained as a result of the offense. Requires the U.S. Sentencing Commission to review and, if necessary, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against persons over age 55 are adequate. Authorizes the Attorney General to make awards for furnishing information leading to the prosecution and conviction of telemarketing fraud offenders. Authorizes appropriations. Makes the mail fraud statute applicable to matter sent or delivered by any private or commercial interstate carrier. Sets forth provisions regarding fraud and related activity in connection with access devices. Directs the Attorney General to establish a national, toll-free telemarketing fraud hotline."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Third Higher Education Extension Act of 2007''. SEC. 2. EXTENSION OF PROGRAMS. Section 2(a) of the Higher Education Extension Act of 2005 (Public Law 109-81; 20 U.S.C. 1001 note) is amended by striking ``October 31, 2007'' and inserting ``March 31, 2008''. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act, or in the Higher Education Extension Act of 2005 as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109-171) or by the College Cost Reduction and Access Act (Public Law 110-84) to the provisions of the Higher Education Act of 1965 and the Taxpayer-Teacher Protection Act of 2004. SEC. 4. DEFINITION OF ELIGIBLE NOT-FOR-PROFIT HOLDER. Section 435(p) of the Higher Education Act of 1965 (20 U.S.C. 1085(p)) is amended-- (1) in paragraph (1), by striking subparagraph (D) and inserting the following: ``(D) acting as a trustee on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d).''; and (2) in paragraph (2)-- (A) in subparagraph (A)(i), by striking subclause (II) and inserting the following: ``(II) is acting as a trustee on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), and such State, political subdivision, authority, agency, instrumentality, or other entity, on the date of enactment of the College Cost Reduction and Access Act, was the sole beneficial owner of a loan eligible for any special allowance payment under section 438.''; (B) in subparagraph (A)(ii), by inserting ``of'' after ``waive the requirements''; (C) by amending subparagraph (B) to read as follows: ``(B) No for-profit ownership or control.-- ``(i) In general.--No State, political subdivision, authority, agency, instrumentality, or other entity described in paragraph (1)(A), (B), or (C) shall be an eligible not-for-profit holder under this Act if such State, political subdivision, authority, agency, instrumentality, or other entity is owned or controlled, in whole or in part, by a for-profit entity. ``(ii) Trustees.--A trustee described in paragraph (1)(D) shall not be an eligible not-for-profit holder under this Act with respect to a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), if such State, political subdivision, authority, agency, instrumentality, or other entity is owned or controlled, in whole or in part, by a for-profit entity.''; (D) by amending subparagraph (C) to read as follows: ``(C) Sole ownership of loans and income.--No State, political subdivision, authority, agency, instrumentality, trustee, or other entity described in paragraph (1)(A), (B), (C), or (D) shall be an eligible not-for-profit holder under this Act with respect to any loan, or income from any loan, unless-- ``(i) such State, political subdivision, authority, agency, instrumentality, or other entity is the sole beneficial owner of such loan and the income from such loan; or ``(ii) such trustee holds the loan on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), and such State, political subdivision, authority, agency, instrumentality, or other entity is the sole beneficial owner of such loan and the income from such loan.''; (E) in subparagraph (D), by striking ``an entity described in described in paragraph (1)(A), (B), or (C)'' and inserting ``a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d),''; and (F) by amending subparagraph (E) to read as follows: ``(E) Rule of construction.--For purposes of subparagraphs (A), (B), (C), and (D) of this paragraph, a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), shall not-- ``(i) be deemed to be owned or controlled, in whole or in part, by a for-profit entity; or ``(ii) lose its status as the sole owner of a beneficial interest in a loan and the income from a loan, by such State, political subdivision, authority, agency, instrumentality, or other entity, or by the trustee described in paragraph (1)(D), granting a security interest in, or otherwise pledging as collateral, such loan, or the income from such loan, to secure a debt obligation for which such State, political subdivision, authority, agency, instrumentality, or other entity is the issuer of the debt obligation.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Third Higher Education Extension Act of 2007 - Amends the Higher Education Extension Act of 2005 to extend the programs under the Higher Education Act of 1965 through March 31, 2008. Amends the Higher Education Act of 1965 to consider trustees acting on behalf of certain governmental or tax-exempt entities as eligible nonprofit holders of Federal Family Education Loans (FFELs), regardless of whether or not such entities are eligible FFEL lenders."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Savings Through Public- Private Partnerships Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Private sector funding and expertise can help address the energy efficiency challenges facing the United States. (2) The Federal Government spends more than $6 billion annually in energy costs. (3) Reducing Federal energy costs can help save money, create jobs, and reduce waste. (4) Energy savings performance contracts and utility energy service contracts are tools for utilizing private sector investment to upgrade Federal facilities without any up-front cost to the taxpayer. (5) Performance contracting is a way to retrofit Federal buildings using private sector investment in the absence of appropriated dollars. (6) Retrofits that reduce energy use also improve infrastructure, protect national security, and cut facility operations and maintenance costs. SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL BUILDINGS. (a) Energy Management Requirements.--Section 543(f)(4) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively and by moving the margins 2 ems to the right; (2) by striking ``Not later than'' and inserting the following: ``(A) In general.--Not later than''; and (3) by adding at the end the following new subparagraph: ``(B) Measures not implemented.--Each energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide an explanation regarding any life-cycle cost-effective measures described in subparagraph (A)(i) that have not been implemented.''. (b) Reports.--Section 548(b) of the National Energy Conservation Policy Act (42 U.S.C. 8258(b)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) the status of each agency's energy savings performance contracts and utility energy service contracts, the investment value of such contracts, the guaranteed energy savings for the previous year as compared to the actual energy savings for the previous year, the plan for entering into such contracts in the coming year, and information explaining why any previously submitted plans for such contracts were not implemented.''. (c) Federal Energy Management Definitions.--Section 551(4) of the National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is amended by striking ``or retrofit activities'' and inserting ``retrofit activities, or energy consuming devices and required support structures''. (d) Authority to Enter Into Contracts.--Section 801(a)(2)(F) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) limit the recognition of operation and maintenance savings associated with systems modernized or replaced with the implementation of energy conservation measures, water conservation measures, or any series of energy conservation measures and water conservation measures.''. (e) Miscellaneous Authority.--Section 801(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)) is amended by adding at the end the following: ``(H) Miscellaneous authority.--Notwithstanding any other provision of law, a Federal agency may sell or transfer energy savings and apply the proceeds of such sale or transfer to fund a contract under this title.''. (f) Payment of Costs.--Section 802 of the National Energy Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and related operation and maintenance expenses)'' and inserting ``, including related operations and maintenance expenses''. (g) Energy Savings Performance Contracts Definitions.--Section 804(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended-- (1) in subparagraph (A), by striking ``federally owned building or buildings or other federally owned facilities'' and inserting ``Federal building (as defined in section 551 (42 U.S.C. 8259))'' each place it appears; (2) in subparagraph (C) , by striking ``; and'' and inserting a semicolon; (3) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new subparagraphs: ``(E) the use, sale, or transfer of energy incentives, rebates, or credits (including renewable energy credits) from Federal, State, or local governments or utilities; and ``(F) any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment.''.", "summary": "Energy Savings Through Public-Private Partnerships Act of 2014 - Amends the National Energy Conservation Policy Act (NECPA) to revise requirements for energy savings performance contracts. (These contracts allow federal agencies to work with private contractors on energy efficiency upgrades to federal facilities.) Directs each federal facility energy manager to provide an explanation regarding life cycle cost-effective measures that have not been implemented as part of the web-based compliance certification system. (Life cycle costs are the total cost of owning, operating, and maintaining a building over its useful life.) Requires the Department of Energy (DOE) to report to the President and Congress on each agency's energy savings performance contracts and utility energy service contracts, including their investment value and their energy savings. Expands the kinds of energy conservation measures that may be implemented under the contracts by including those involving energy consuming devices and required support structures. Prohibits agencies from limiting recognition of operation and maintenance savings associated with energy systems that were modernized or replaced with energy conservation measures and water conservation measures (e.g. lower energy and water bills thanks to energy efficiency and conservation measures). Authorizes agencies to sell or transfer energy savings and apply the proceeds to fund a contract. Expands the meaning of energy savings to include: (1) the use, sale, or transfer of energy incentives, rebates, or credits (including renewable energy credits) from federal, state, or local governments or utilities; and (2) any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Childrens' Internet Protection Act''. SEC. 2. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT FAIL TO IMPLEMENT A FILTERING OR BLOCKING TECHNOLOGY FOR COMPUTERS WITH INTERNET ACCESS. (a) In General.--Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the end thereof the following: ``(l) Implementation of an Internet Filtering or Blocking Technology.-- ``(1) In general.--An elementary school, secondary school, or library that fails to provide the certification required by paragraph (2) or (3), respectively, is not eligible to receive or retain universal service assistance provided under subsection (h)(1)(B). ``(2) Certification for schools.--To be eligible to receive universal service assistance under subsection (h)(1)(B), an elementary or secondary school (or the school board or other authority with responsibility for administration of that school) shall certify to the Commission that it has-- ``(A) selected a technology for computers with Internet access to filter or block material deemed to be harmful to minors; and ``(B) installed, or will install, and uses or will use, as soon as it obtains computers with Internet access, a technology to filter or block such material. ``(3) Certification for libraries.-- ``(A) Libraries with more than 1 internet-accessing computer.--To be eligible to receive universal service assistance under subsection (h)(1)(B), a library that has more than 1 computer with Internet access intended for use by the public (including minors) shall certify to the Commission that it has installed and uses a technology to filter or block material deemed to be harmful to minors on one or more of its computers with Internet access. ``(B) Libraries with only 1 internet-accessing computer.--A library that has only 1 computer with Internet access intended for use by the public (including minors) is eligible to receive universal service assistance under subsection (h)(1)(B) even if it does not use a technology to filter or block material deemed to be harmful to minors on that computer if it certifies to the Commission that it employs a reasonably effective alternative means to keep minors from accessing material on the Internet that is deemed to be harmful to minors. ``(4) Time for certification.--The certification required by paragraph (2) or (3) shall be made within 30 days of the date of enactment of the Childrens' Internet Protection Act, or, if later, within 10 days of the date on which any computer with access to the Internet is first made available in the school or library for its intended use. ``(5) Notification of cessation; additional internet- accessing computer.-- ``(A) Cessation.--A library that has filed the certification required by paragraph (3)(A) shall notify the Commission within 10 days after the date on which it ceases to use the filtering or blocking technology to which the certification related. ``(B) Additional internet-accessing computer.--A library that has filed the certification required by paragraph (3)(B) that adds another computer with Internet access intended for use by the public (including minors) shall make the certification required by paragraph (3)(A) within 10 days after that computer is made available for use by the public. ``(6) Penalty for failure to comply.--A school or library that fails to meet the requirements of this subsection is liable to repay immediately the full amount of all universal service assistance it received under subsection (h)(1)(B). ``(7) Local determination of material to be filtered.--For purposes of paragraphs (2) and (3), the determination of what material is to be deemed harmful to minors shall be made by the school, school board, library or other authority responsible for making the required certification. No agency or instrumentality of the United States Government may-- ``(A) establish criteria for making that determination; ``(B) review the determination made by the certifying school, school board, library, or other authority; or ``(C) consider the criteria employed by the certifying school, school board, library, or other authority in the administration of subsection (h)(1)(B).''. (b) Conforming Change.--Section 254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) is amended by striking ``All telecommunications'' and inserting ``Except as provided by subsection (l), all telecommunications''. SEC. 3. FCC TO ADOPT RULES WITHIN 4 MONTHS. The Federal Communications Commission shall adopt rules implementing section 254(l) of the Communications Act of 1934 within 120 days after the date of enactment of this Act.", "summary": "Childrens' (sic) Internet Protection Act - Amends the Communications Act of 1934 to make an elementary school, secondary school, or library ineligible to receive or retain universal service assistance under such Act unless it certifies to the Federal Communications Commission that it has selected and installed (or will install) a technology for computers with Internet access which filters or blocks material deemed harmful to minors. Requires the determination of what shall be considered inappropriate for minors to be made by the appropriate school, school board, library, or other responsible authority, without Federal interference."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Affordability and Fairness Act''. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following: ``SEC. 222. HIGHER EDUCATION EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the qualified tuition and related expenses paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Limitation for first 2 years of postsecondary education.--For any taxable year preceding a taxable year described in paragraph (2), the amount of qualified tuition and related expenses which may be taken into account under subsection (a) shall not exceed-- ``(A) except as provided in subparagraph (B), the excess (if any) of-- ``(i) the lesser of-- ``(I) $10,000 for each eligible student, or ``(II) $15,000, over ``(ii) the amount of such expenses which are taken into account in determining the credit allowable to the taxpayer or any other person under section 25A(a)(1) with respect to such expenses, and ``(B) in the case of a taxpayer with respect to which the credit under section 25A(a)(1) is reduced to zero by reason of section 25A(d)(1), $5,000. ``(2) Limitation for second 2 years of postsecondary education.--For any taxable year if an eligible student has completed (before the beginning of such taxable year) the first 2 years of postsecondary education at an eligible educational institution, the amount of qualified tuition and related expenses which may be taken into account under subsection (a) shall not exceed-- ``(A) except as provided in subparagraph (B) or (C), $10,000, ``(B) in the case of a taxpayer with respect to which a credit under section 25A(a)(1) would be reduced to zero by reason of section 25A(d)(1), $5,000, and ``(C) in the case of taxpayer with respect to whom the credit under section 25A(a)(2) is allowed for such taxable year, zero. ``(3) Deduction allowed only for 4 taxable years for each eligible student.--A deduction may not be allowed under subsection (a) with respect to the qualified tuition and related expenses of an eligible student for any taxable year if such a deduction was allowable with respect to such expenses for such student for any 4 prior taxable years. ``(c) Qualified Tuition and Related Expenses.--For purposes of this section, the term `qualified tuition and related expenses' has the meaning given such term by section 25A(f)(1) (determined with regard to section 25A(c)(2)(B)). ``(d) Eligible Student.--For purposes of this section, the term `eligible student' has the meaning given such term by section 25A(b)(3). ``(e) Special Rules.--For purposes of this section-- ``(1) Identification requirement.--No deduction shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes the name, age, and taxpayer identification number of such eligible student on the return of tax for the taxable year. ``(2) No double benefit.-- ``(A) Coordination with exclusions.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an eligible student shall be reduced (before the application of subsection (b)) by the amount of such expenses which are taken into account in determining the exclusion under section 135 or 530(d)(2) for the taxable year. ``(B) Dependents.--No deduction shall be allowed under subsection (a) to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a) for qualified tuition and related expenses for any taxable year only to the extent such expenses are in connection with enrollment at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified tuition and related expenses paid during a taxable year if such expenses are in connection with an academic term beginning during such taxable year or during the first 3 months of the next taxable year. ``(4) Adjustment for certain scholarships and veterans benefits.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to enrollment at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(5) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(6) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(7) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.''. (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (17) the following: ``(18) Higher education expenses.--The deduction allowed by section 222.''. (c) Determination of Adjusted Gross Income With Respect To Other Benefits.-- (1) Section 21(a)(2) of the Internal Revenue Code of 1986 is amended by inserting ``(determined without regard to section 222)'' after ``adjusted gross income''. (2) Section 22(d) of such Code is amended-- (A) by inserting ``(determined without regard to section 222)'' after ``adjusted gross income'' the first place it appears, and (B) by inserting ``(as so determined)'' after ``adjusted gross income'' the second place it appears. (3) Section 23(b)(2)(B) of such Code is amended by inserting ``222,'' before ``911''. (4) Section 24(b)(1) of such Code is amended by inserting ``222,'' before ``911''. (5) Section 86(b)(2)(A) of such Code is amended by inserting ``222,'' before ``911''. (6) Section 137(b)(3)(A) of such Code is amended by inserting ``222,'' before ``911''. (7) Section 151(d)(3) of such Code is amended-- (A) by inserting ``(determined without regard to section 222)'' after ``adjusted gross income'' in subparagraph (A), and (B) by inserting ``(as so determined)'' after ``adjusted gross income'' in subparagraph (B). (8) Section 165(h)(2)(A)(ii) of such Code is amended by inserting ``(determined without regard to section 222)'' after ``adjusted gross income''. (9) Section 213(a) of such Code is amended by inserting ``(determined without regard to section 222)'' after ``adjusted gross income''. (10) Section 219(g)(3)(A)(ii) of such Code is amended by inserting ``222,'' after ``221,''. (11) Section 221(b)(2)(C)(i) of such Code is amended by inserting ``222,'' before ``911''. (12) Section 403(b)(3)(D) of such Code is amended-- (A) by inserting ``(determined without regard to section 222)'' after ``adjusted gross income'' in clause (ii), and (B) by inserting ``(as so determined)'' after ``adjusted gross income'' in the matter following clause (ii). (13) Section 469(i)(3)(E)(iii) of such Code is amended by striking ``and 221'' and inserting ``, 221, and 222''. (14) Section 1400C(b)(2) of such Code is amended by inserting ``222,'' before ``911''. (d) Conforming Amendments.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 222 and inserting the following: ``Sec. 222. Higher education expenses. ``Sec. 223. Cross reference.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2001 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 3. EDUCATION TAX CREDIT FAIRNESS. (a) In General.--Section 25A(c)(1) of the Internal Revenue Code of 1986 (relating to lifetime learning credit) is amended by striking ``2003'' and inserting ``2002''. (b) Increase in AGI Limits.-- (1) In general.--Subsection (d) of section 25A of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Limitation Based on Modified Adjusted Gross Income.-- ``(1) Hope credit.-- ``(A) In general.--The amount which would (but for this subsection) be taken into account under subsection (a)(1) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $50,000 ($100,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(2) Lifetime learning credit.-- ``(A) In general.--The amount which would (but for this subsection) be taken into account under subsection (a)(2) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $40,000 ($80,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(3) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.''. (2) Conforming amendment.--Paragraph (2) of section 25A(h) of such Code is amended to read as follows: ``(2) Income limits.-- ``(A) Hope credit.--In the case of a taxable year beginning after 2002, the $50,000 and $100,000 amounts in subsection (d)(1)(B)(i)(II) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Lifetime learning credit.--In the case of a taxable year beginning after 2001, the $40,000 and $80,000 amounts in subsection (d)(2)(B)(i)(II) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) thereof. ``(C) Rounding.--If any amount as adjusted under subparagraph (A) or (B) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000.''. (c) Coordination With Other Higher Education Benefits.-- (1) Subsection (e) of section 25A of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Election Not To Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the qualified tuition and related expenses of an individual for any taxable year.''. (2) Section 25A (g) of such Code is amended by striking paragraph (5) and by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively. (3) Section 135(d)(2)(A) of such Code is amended by striking ``allowable'' and inserting ``allowed''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2001 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 4. RELATIONSHIP BETWEEN TUITION AND FINANCIAL AID. (a) Study.--The Comptroller General of the United States shall conduct an annual study to examine whether the Federal income tax incentives to provide education assistance affect higher education tuition rates in order to identify if institutions of higher education are absorbing the intended savings by raising tuition rates. (b) Report.--The Comptroller General of the United States shall report the results of the study required under subsection (a) to Congress on an annual basis. SEC. 5. SENSE OF THE SENATE REGARDING PELL GRANTS. It is the sense of the Senate that the maximum Pell Grant should be increased to $4,700 to pay approximately-- (1) 20 percent of the tuition, fees, room and board, and other expenses of the average college, or (2) the tuition and fees of the average public college.", "summary": "Higher Education Affordability and Fairness Act - Amends the Internal Revenue Code to allow a limited tax deduction for qualified higher education tuition and related expenses.Provides that the increase in the Lifetime Learning Credit to 20 percent of $10,000 of tuition from $5,000 of tuition shall be effective starting in 2002 rather than 2003.Directs the Comptroller General of the United States to conduct an annual study to examine whether the Federal income tax incentives to provide education assistance affect higher education tuition rates in order to identify if institutions of higher education are absorbing the intended savings by raising tuition rates.Expresses the sense of the Senate that the maximum Pell Grant should be increased to $4,700 to pay approximately: (1) 20 percent of the tuition, fees, room and board, and other expenses of the average college; or (2) the tuition and fees of the average public college."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Science Education Tax Incentive for Businesses Act of 2007''. SEC. 2. CREDITS FOR CERTAIN CONTRIBUTIONS BENEFITING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY SCHOOL LEVEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45O. CONTRIBUTIONS BENEFITING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY SCHOOL LEVEL. ``(a) In General.--For purposes of section 38, the elementary and secondary science, technology, engineering, and mathematics (STEM) contributions credit determined under this section for the taxable year is an amount equal to 100 percent of the qualified STEM contributions of the taxpayer for such taxable year. ``(b) Qualified STEM Contributions.--For purposes of this section, the term `qualified STEM contributions' means-- ``(1) STEM school contributions, ``(2) STEM teacher externship expenses, and ``(3) STEM teacher training expenses. ``(c) STEM School Contributions.--For purposes of this section-- ``(1) In general.--The term `STEM school contributions' means-- ``(A) STEM property contributions, and ``(B) STEM service contributions. ``(2) STEM property contributions.--The term `STEM property contributions' means the amount which would (but for subsection (f)) be allowed as a deduction under section 170 for a charitable contribution of STEM inventory property if-- ``(A) the donee is an elementary or secondary school described in section 170(b)(1)(A)(ii), ``(B) substantially all of the use of the property by the donee is within the United States or within the defense dependents' education system for educational purposes in any of the grades K-12 that are related to the purpose or function of the donee, ``(C) the original use of the property begins with the donee, ``(D) the property will fit productively into the donee's education plan, ``(E) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, and ``(F) the donee's use and disposition of the property will be in accordance with the provisions of subparagraphs (B) and (E). The determination of the amount of deduction under section 170 for purposes of this paragraph shall be made as if the limitation under section 170(e)(3)(B) applied to all STEM inventory property. ``(3) STEM service contributions.--The term `STEM service contributions' means the amount paid or incurred during the taxable year for STEM services provided in the United States or in the defense dependents' education system for the exclusive benefit of students at an elementary or secondary school described in section 170(b)(1)(A)(ii) but only if-- ``(A) the taxpayer is engaged in the trade or business of providing such services on a commercial basis, and ``(B) no charge is imposed for providing such services. ``(4) STEM inventory property.--The term `STEM inventory property' means, with respect to any contribution to a school, any property-- ``(A) which is described in paragraph (1) or (2) of section 1221(a) with respect to the donor, and ``(B) which is determined by the school to be needed by the school in providing education in grades K-12 in the areas of science, technology, engineering, or mathematics. ``(5) STEM services.--The term `STEM services' means, with respect to any contribution to a school, any service determined by the school to be needed by the school in providing education in grades K-12 in the areas of science, technology, engineering, or mathematics, including teaching courses of instruction at such school in any such area. ``(6) Defense dependents' education system.--For purposes of this subsection, the term `defense dependents' education system' means the program established and operated under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.). ``(d) STEM Teacher Externship Expenses.--For purposes of this section-- ``(1) In general.--The term `STEM teacher externship expenses' means any amount paid or incurred to carry out a STEM externship program of the taxpayer but only to the extent that such amount is attributable to the participation in such program of any eligible STEM teacher, including amounts paid to such a teacher as a stipend while participating in such program. ``(2) STEM externship program.--The term `STEM externship program' means any program-- ``(A) established by a taxpayer engaged in a trade or business within an area of science, technology, engineering, or mathematics, and ``(B) under which eligible STEM teachers receive training to enhance their teaching skills in the areas of science, technology, engineering, or mathematics or otherwise improve their knowledge in such areas. ``(3) Eligible stem teacher.--The term `eligible STEM teacher' means any individual-- ``(A) who is a teacher in grades K-12 at an educational organization described in section 170(b)(1)(A)(ii) which is located in the United States or which is located on a United States military base outside the United States, and ``(B) whose teaching responsibilities at such school include, or are likely to include, any course in the areas of science, technology, engineering, or mathematics. ``(e) STEM Teacher Training Expenses.--The term `STEM teacher training expenses' means any amount paid or incurred by a taxpayer engaged in a trade or business within an area of science, technology, engineering, or mathematics which is attributable to the participation of any eligible STEM teacher in a regular training program provided to employees of the taxpayer which is determined by such teacher's school as enhancing such teacher's teaching skills in the areas of science, technology, engineering, or mathematics. ``(f) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount allowed as a credit under this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31), and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the elementary and secondary science, technology, engineering, and mathematics (STEM) contributions credit determined under section 45O.''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45O. Contributions benefiting science, technology, engineering, and mathematics education at the elementary and secondary school level.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "National Science Education Tax Incentive for Businesses Act of 2007 - Amends the Internal Revenue Code to allow a general business tax credit for contributions of property or services to elementary and secondary schools and for teacher training to promote instruction in science, technology, engineering, or mathematics (STEM contributions)."}
{"article": "SECTION 1. ALTERNATIVE RETIRED PAY RATES FOR MEMBERS OF THE ARMED FORCES WITH A COMBAT-RELATED DISABILITY. (a) Alternative Retired Pay Base for Chapter 71 Retired Pay.-- Section 1401 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(c) Alternative Retired Pay Base for Members With a Combat- Related Disability.--(1) In the case of a member of the armed forces with a combat-related disability who is entitled to monthly retired pay computed using a formula specified in subsection (a), the Secretary concerned shall permit the member to elect to have used in that formula, in lieu of the retired pay base of the member computed under section 1406(b) or 1407 of this title, a retired pay base equal to $2,917, which represents the average monthly salary for high school graduates in the United States, as determined by the Census Bureau for 2006. ``(2) The alternative retired pay base in effect under paragraph (1) for a calendar year shall be adjusted on December 1 of that year in the manner provided by section 1401a(b) of this title for use during the next calendar year. ``(3) In this subsection, the term `combat-related disability' means a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that-- ``(A) is attributable to an injury for which the member was awarded the Purple Heart; or ``(B) was incurred (as determined under criteria prescribed by the Secretary of Defense for purposes of section 1413a of this title) as a direct result of armed conflict.''. (b) Alternative Retired Pay Base for Retired Pay for Non-Regular Service.--Section 12739 of such title is amended by adding at the end the following new subsection: ``(e)(1) In the case of a member of the armed forces with a combat- related disability who is entitled to monthly retired pay computed under subsection (a), the Secretary concerned shall permit the member to elect to have used in paragraph (1) of such subsection, in lieu of the retired pay base of the member computed under section 1406(b) or 1407 of this title, a retired pay base equal to $2,917, which represents the average monthly salary for high school graduates in the United States, as determined by the Census Bureau for 2006. ``(2) The alternative retired pay base in effect under paragraph (1) for a calendar year shall be adjusted on December 1 of that year in the manner provided by section 1401a(b) of this title for use during the next calendar year. ``(3) In this subsection, the term `combat-related disability' means a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that-- ``(A) is attributable to an injury for which the member was awarded the Purple Heart; or ``(B) was incurred (as determined under criteria prescribed by the Secretary of Defense for purposes of section 1413a of this title) as a direct result of armed conflict.''. (c) Application of Amendments.--The amendments made by subsections (a) and (b) shall apply with respect to members of the Armed Forces who retired or whose names were placed on the temporary disability retired list after September 11, 2001, except that any recomputation of the retired pay for a member on account of such amendments who retired or whose name was placed on the temporary disability retired list before the date of the enactment of this Act shall be effective only for months beginning after the date of the enactment of this Act. SEC. 2. ALTERNATIVE WARTIME DISABILITY COMPENSATION RATES FOR CERTAIN VETERANS. (a) Alternative Compensation Base for Chapter 11 Wartime Disability Compensation.--Section 1114 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(t)(1) In the case of a veteran-- ``(A) having a covered service-connected disability rated as total, the Secretary shall permit the veteran to elect to receive, in lieu of the monthly compensation rate in effect under subsection (j), a monthly compensation equal to $2,917, which represents the average monthly salary for high school graduates in the United States, as determined by the Census Bureau for 2006; and ``(B) having a covered service-connected disability rated at a percentage other than total, the Secretary shall permit the veteran to elect to receive, in lieu of the monthly compensation rate in effect under subsections (a) through (i), as applicable, a monthly compensation equal to the amount that is the percentage of $2,917 that corresponds to the percentage of the service-connected disability rating of the veteran. ``(2) For purposes of this subsection, the term `covered service- connected disability' means a service-connected disability that-- ``(A) is attributable to an injury for which the veteran was awarded the Purple Heart; or ``(B) was incurred (as determined under criteria prescribed by the Secretary of Defense for purposes of section 1413a of title 10) as a direct result of armed conflict.''. (b) Application of Amendment.--The amendment made by subsection (a) shall apply with respect to veterans who became eligible to receive compensation under section 1110 of title 38, United States Code, after September 11, 2001, except that any recomputation of disability compensation for a veteran on account of such an amendment who so became eligible before the date of the enactment of this Act shall be effective only for months beginning after the date of the enactment of this Act.", "summary": "Directs the Secretary of the military department concerned, in the case of a regular or reserve member of the Armed Forces with a combat-related disability who is entitled to monthly retired pay, to permit such member to elect an alternative retired pay rate based on $2,917, the average monthly salary for high school graduates in the United States. Directs the Secretary of Veterans Affairs, with respect to veterans with service-connected disabilities, to permit such veterans to elect to receive a monthly compensation of $2,917 (in the case of a service-connected disability rated as total) or a percentage of such amount (depending on the percentage rating of the disability)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Administrative Simplification Compliance Act''. SEC. 2. EXTENSION OF DEADLINE FOR COVERED ENTITIES SUBMITTING COMPLIANCE PLANS. (a) In General.-- (1) Extension.--Subject to paragraph (2), notwithstanding section 1175(b)(1)(A) of the Social Security Act (42 U.S.C. 1320d- 4(b)(1)(A)) and section 162.900 of title 45, Code of Federal Regulations, a health care provider, health plan (other than a small health plan), or a health care clearinghouse shall not be considered to be in noncompliance with the applicable requirements of subparts I through R of part 162 of title 45, Code of Federal Regulations, before October 16, 2003. (2) Condition.--Paragraph (1) shall apply to a person described in such paragraph only if, before October 16, 2002, the person submits to the Secretary of Health and Human Services a plan of how the person will come into compliance with the requirements described in such paragraph not later than October 16, 2003. Such plan shall be a summary of the following: (A) An analysis reflecting the extent to which, and the reasons why, the person is not in compliance. (B) A budget, schedule, work plan, and implementation strategy for achieving compliance. (C) Whether the person plans to use or might use a contractor or other vendor to assist the person in achieving compliance. (D) A timeframe for testing that begins not later than April 16, 2003. (3) Electronic submission.--Plans described in paragraph (2) may be submitted electronically. (4) Model form.--Not later than March 31, 2002, the Secretary of Health and Human Services shall promulgate a model form that persons may use in drafting a plan described in paragraph (2). The promulgation of such form shall be made without regard to chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (5) Analysis of plans; reports on solutions.-- (A) Analysis of plans.-- (i) Furnishing of plans.--Subject to subparagraph (D), the Secretary of Health and Human Services shall furnish the National Committee on Vital and Health Statistics with a sample of the plans submitted under paragraph (2) for analysis by such Committee. (ii) Analysis.--The National Committee on Vital and Health Statistics shall analyze the sample of the plans furnished under clause (i). (B) Reports on solutions.--The National Committee on Vital and Health Statistics shall regularly publish, and widely disseminate to the public, reports containing effective solutions to compliance problems identified in the plans analyzed under subparagraph (A). Such reports shall not relate specifically to any one plan but shall be written for the purpose of assisting the maximum number of persons to come into compliance by addressing the most common or challenging problems encountered by persons submitting such plans. (C) Consultation.--In carrying out this paragraph, the National Committee on Vital and Health Statistics shall consult with each organization-- (i) described in section 1172(c)(3)(B) of the Social Security Act (42 U.S.C. 1320d-1(c)(3)(B)); or (ii) designated by the Secretary of Health and Human Services under section 162.910(a) of title 45, Code of Federal Regulations. (D) Protection of confidential information.-- (i) In general.--The Secretary of Health and Human Services shall ensure that any material provided under subparagraph (A) to the National Committee on Vital and Health Statistics or any organization described in subparagraph (C) is redacted so as to prevent the disclosure of any-- (I) trade secrets; (II) commercial or financial information that is privileged or confidential; and (III) other information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (ii) Construction.--Nothing in clause (i) shall be construed to affect the application of section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), including the exceptions from disclosure provided under subsection (b) of such section. (6) Enforcement through exclusion from participation in medicare.-- (A) In general.--In the case of a person described in paragraph (1) who fails to submit a plan in accordance with paragraph (2), and who is not in compliance with the applicable requirements of subparts I through R of part 162 of title 45, Code of Federal Regulations, on or after October 16, 2002, the person may be excluded at the discretion of the Secretary of Health and Human Services from participation (including under part C or as a contractor under sections 1816, 1842, and 1893) in title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (B) Procedure.--The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) (other than the first and second sentences of subsection (a) and subsection (b)) shall apply to an exclusion under this paragraph in the same manner as such provisions apply with respect to an exclusion or proceeding under section 1128A(a) of such Act. (C) Construction.--The availability of an exclusion under this paragraph shall not be construed to affect the imposition of penalties under section 1176 of the Social Security Act (42 U.S.C. 1320d-5). (D) Nonapplicability to complying persons.--The exclusion under subparagraph (A) shall not apply to a person who-- (i) submits a plan in accordance with paragraph (2); or (ii) who is in compliance with the applicable requirements of subparts I through R of part 162 of title 45, Code of Federal Regulations, on or before October 16, 2002. (b) Special Rules.-- (1) Rules of construction.--Nothing in this section shall be construed-- (A) as modifying the October 16, 2003, deadline for a small health plan to comply with the requirements of subparts I through R of part 162 of title 45, Code of Federal Regulations; or (B) as modifying-- (i) the April 14, 2003, deadline for a health care provider, a health plan (other than a small health plan), or a health care clearinghouse to comply with the requirements of subpart E of part 164 of title 45, Code of Federal Regulations; or (ii) the April 14, 2004, deadline for a small health plan to comply with the requirements of such subpart. (2) Applicability of privacy standards before compliance deadline for information transaction standards.-- (A) In general.--Notwithstanding any other provision of law, during the period that begins on April 14, 2003, and ends on October 16, 2003, a health care provider or, subject to subparagraph (B), a health care clearinghouse, that transmits any health information in electronic form in connection with a transaction described in subparagraph (C) shall comply with the requirements of subpart E of part 164 of title 45, Code of Federal Regulations, without regard to whether the transmission meets the standards required by part 162 of such title. (B) Application to health care clearinghouses.--For purposes of this paragraph, during the period described in subparagraph (A), an entity that processes or facilitates the processing of information in connection with a transaction described in subparagraph (C) and that otherwise would be treated as a health care clearinghouse shall be treated as a health care clearinghouse without regard to whether the processing or facilitation produces (or is required to produce) standard data elements or a standard transaction as required by part 162 of title 45, Code of Federal Regulations. (C) Transactions described.--The transactions described in this subparagraph are the following: (i) A health care claims or equivalent encounter information transaction. (ii) A health care payment and remittance advice transaction. (iii) A coordination of benefits transaction. (iv) A health care claim status transaction. (v) An enrollment and disenrollment in a health plan transaction. (vi) An eligibility for a health plan transaction. (vii) A health plan premium payments transaction. (viii) A referral certification and authorization transaction. (c) Definitions.--In this section-- (1) the terms ``health care provider'', ``health plan'', and ``health care clearinghouse'' have the meaning given those terms in section 1171 of the Social Security Act (42 U.S.C. 1320d) and section 160.103 of title 45, Code of Federal Regulations; (2) the terms ``small health plan'' and ``transaction'' have the meaning given those terms in section 160.103 of title 45, Code of Federal Regulations; and (3) the terms ``health care claims or equivalent encounter information transaction'', ``health care payment and remittance advice transaction'', ``coordination of benefits transaction'', ``health care claim status transaction'', ``enrollment and disenrollment in a health plan transaction'', ``eligibility for a health plan transaction'', ``health plan premium payments transaction'', and ``referral certification and authorization transaction'' have the meanings given those terms in sections 162.1101, 162.1601, 162.1801, 162.1401, 162.1501, 162.1201, 162.1701, and 162.1301 of title 45, Code of Federal Regulations, respectively. SEC. 3. REQUIRING ELECTRONIC SUBMISSION OF MEDICARE CLAIMS. (a) In General.--Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (20); (B) by striking the period at the end of paragraph (21) and inserting ``; or''; and (C) by inserting after paragraph (21) the following new paragraph: ``(22) subject to subsection (h), for which a claim is submitted other than in an electronic form specified by the Secretary.''; and (2) by inserting after subsection (g) the following new subsection: ``(h)(1) The Secretary-- ``(A) shall waive the application of subsection (a)(22) in cases in which-- ``(i) there is no method available for the submission of claims in an electronic form; or ``(ii) the entity submitting the claim is a small provider of services or supplier; and ``(B) may waive the application of such subsection in such unusual cases as the Secretary finds appropriate. ``(2) For purposes of this subsection, the term `small provider of services or supplier' means-- ``(A) a provider of services with fewer than 25 full-time equivalent employees; or ``(B) a physician, practitioner, facility, or supplier (other than provider of services) with fewer than 10 full-time equivalent employees.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to claims submitted on or after October 16, 2003. SEC. 4. CLARIFICATION WITH RESPECT TO APPLICABILITY OF ADMINISTRATIVE SIMPLIFICATION REQUIREMENTS TO MEDICARE+CHOICE ORGANIZATIONS. Section 1171(5)(D) of the Social Security Act (42 U.S.C. 1320d(5)(D)) is amended by striking ``Part A or part B'' and inserting ``Parts A, B, or C''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTATION OF REGULATIONS. (a) In General.--Subject to subsection (b), and in addition to any other amounts that may be authorized to be appropriated, there are authorized to be appropriated a total of $44,200,000, for-- (1) technical assistance, education and outreach, and enforcement activities related to subparts I through R of part 162 of title 45, Code of Federal Regulations; and (2) adopting the standards required to be adopted under section 1173 of the Social Security Act (42 U.S.C. 1320d-2). (b) Reductions.-- (1) Model form 14 days late.--If the Secretary fails to promulgate the model form described in section 1(a)(4) by the date that is 14 days after the deadline described in such section, the amount referred to in subsection (a) shall be reduced by 25 percent. (2) Model form 30 days late.--If the Secretary fails to promulgate the model form described in section 1(a)(4) by the date that is 30 days after the deadline described in such section, the amount referred to in subsection (a) shall be reduced by 50 percent. (3) Model form 45 days late.--If the Secretary fails to promulgate the model form described in section 1(a)(4) by the date that is 45 days after the deadline described in such section, the amount referred to in subsection (a) shall be reduced by 75 percent. (4) Model form 60 days late.--If the Secretary fails to promulgate the model form described in section 1(a)(4) by the date that is 60 days after the deadline described in such section, the amount referred to in subsection (a) shall be reduced by 100 percent. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Administrative Simplification Compliance Act - Extends by one year the deadlines for compliance by health care providers, health plans other than small health plans, and health care clearinghouses with the standards for electronic health care transactions and code sets adopted under part C (Administrative Simplification) of title XI of the Social Security Act (SSA) by the Secretary of Health and Human Services only if, before the current deadline, such entity submits to the Secretary a plan for compliance with such standards.Directs the Secretary to furnish the National Committee on Vital and Health Statistics with a sample of such plans for analysis for reports containing effective solutions to compliance problems identified in the plans.Provides for exclusion from participation in Medicare (SSA title XVIII) for noncompliance.Amends SSA title XVIII to require the electronic submission of Medicare claims except in certain circumstances.Amends SSA title XI part C to include the Medicare+Choice program as a health plan (thus applying administrative simplification requirements to Medicare+Choice organizations).Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Autofill Act of 2015''. SEC. 2. AUTOMATED PARTIALLY PRE-POPULATED TAX RETURNS. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. AUTOMATED PARTIALLY PRE-POPULATED TAX RETURNS. ``(a) Establishment of Program.--The Secretary shall establish a program under which taxpayers may download forms relating to the individual income tax returns that are populated with return information reported to the Secretary under chapter 61 and reported to the Secretary pursuant to section 232 of the Social Security Act. ``(b) Requirements Relating to Information.-- ``(1) Deadline for making information available.--The Secretary shall make such return information available under the program established under subsection (a) not later than 15 days after the Secretary receives such information. ``(2) Format of information made available.--Return information shall be made available under the program established under subsection (a) in both a printable document file suitable for manual completion and filing and in a computer-readable form suitable for use by automated tax preparation software. ``(c) Autofill Service Deadlines.-- ``(1) Standards.--Not later than October 31, 2015, the Secretary shall-- ``(A) establish standards for data download to tax preparation software, and ``(B) provide a demonstration server for downloading the partially populated printable document file. ``(2) Tax forms.--Not later than February 15, 2016, and annually thereafter, the Secretary shall provide on the Secretary's Web site a secure function that allows a taxpayer to download, as both a printable document file and in a form suitable for input to automatic tax preparation software, the 1040, 1040A, and 1040EZ forms that are populated with information with respect to the taxpayer that is reported under chapter 61 or any other provision of this title under which reporting of information is required. ``(d) Taxpayer Responsibility.--Nothing in this section shall be construed to absolve the taxpayer from full responsibility for the accuracy or completeness of his return of tax. ``(e) Disclaimer.--Before any form can be downloaded under the program established under subsection (a), taxpayer must acknowledge that-- ``(1) the taxpayer is responsible for the accuracy of his return, and ``(2) all information provided in the downloadable form under such program needs to be verified. ``(f) Information Provided for Wage and Self-Employment Income.-- For purposes of subsection (a)-- ``(1) Information related to calendar year 2015.--In the case of information relating to wages paid, and amounts of self-employment income, for calendar year 2015 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner shall, using best efforts, make such information available to the Secretary not later than January 31, 2016. ``(2) Information related to calendar year 2016 and thereafter.--In the case of information relating to wages paid, and amounts of self-employment income, for any calendar year after 2015 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner shall make such information available to the Secretary not later than the January 31 of the calendar year following the calendar year to which such wages and self-employment income relate.''. (b) Filing Deadline for Information Returns.--Section 6071(b) of such Code is amended to read as follows: ``(b) Information Returns.--Returns made under part III of this subchapter shall be filed on or before January 31 of the year following the calendar year to which such returns relate. Section 6081 shall not apply to returns under such part III.''. (c) Conforming Amendment to Social Security Act.--Section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)) is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, the Commissioner shall require that information relating to wages paid, and amounts of self-employment income, be provided to the Commissioner not later than January 31 of the year following the calendar year to which such wages and self- employment income relate.''. (d) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Automated partially pre-populated tax returns.''. (e) Effective Date.--The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2014.", "summary": "Autofill Act of 2015 Amends the Internal Revenue Code to require the Department of the Treasury to: (1) establish a program to allow taxpayers to download income tax forms that are populated with tax return information (e.g., wages, withholding, and self-employment income) previously reported to Treasury for the taxable year; (2) establish standards by October 31, 2015, for data download to tax preparation software; and (3) provide, not later than February 15, 2016, and annually thereafter, on the website of Treasury a secure function that allows a taxpayer to download, as both a printable document file and in a form suitable for input to automatic tax preparation software, the 1040, 1040A, and 1040EZ forms that are populated with tax return information previously reported to Treasury. Establishes deadlines for reporting tax return information to Treasury and for making such information available for populating tax returns."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Treatment in Banking Act of 1994''. SEC. 2. FAILURE TO ACCORD NATIONAL TREATMENT TO UNITED STATES BANKING ORGANIZATIONS. (a) Identifying Countries That May Be Denying National Treatment to United States Banking Organizations.--The Secretary of the Treasury shall identify, after consultation with the Federal banking agencies, the extent to which foreign countries may be denying national treatment to United States banking organizations-- (1) based on information relating to banking in the most recent report under section 3602 of the Omnibus Trade and Competitiveness Act of 1988 (or the most recent update of such report); or (2) based on more recent information that the Secretary considers appropriate. (b) Assessing Whether Possible Denial of National Treatment May Be Having a Significant Adverse Effect.-- (1) In general.--The Secretary shall assess, after consultation with the Federal banking agencies, whether the possible denial of national treatment to United States banking organizations by a foreign country identified under subsection (a) may be having a significant adverse effect on such organizations. (2) Factors to be considered.--In making any assessment under paragraph (1), the Secretary shall consider appropriate factors, including the following: (A) The extent of United States trade with and investment in the foreign country, the size of the foreign country's markets for banking services, and the extent to which United States banking organizations operate or seek to operate in those markets. (B) The importance of operations by United States banking organizations in the foreign country to the export of goods and services by United States firms to such country. (C) The extent to which the foreign country provides in advance to United States banking organizations a written draft of any measure of general application that the country proposes to adopt, such as regulations, guidelines, or other policies regarding new products and services, in order to allow an opportunity for such organizations to comment on the measure and for such comments to be taken into account by the foreign country. (D) The extent to which the foreign country-- (i) makes available, in writing, to United States banking organizations the foreign country's requirements for completing any application relating to the provision of financial services by any such organization; (ii) applies published, objective standards and criteria in evaluating any such application from any United States banking organization; and (iii) renders administrative decisions relating to any such application within a reasonable period of time. (3) Solicitation of comments.--Before making any assessment under paragraph (1), the Secretary may solicit comments concerning the effect of the possible denial of national treatment on United States banking organizations from interested parties. (c) Publication.--The Secretary may publish a notice in the Federal Register of-- (1) any assessment made under subsection (b)(1) with respect to any country; and (2) any change made with respect to any assessment under such subsection which was previously published in the Federal Register. (d) Definitions.--The following definitions shall apply for purposes of this section: (1) Banking organization.-- (A) In general.--The term ``banking organization'' means any bank, any bank holding company (including any company required to file reports pursuant to section 4(f)(6) of the Bank Holding Company Act of 1956), and any savings and loan holding company (as such term is defined in section 10(a)(1)(D) of the Home Owners' Loan Act). (B) Banking terms.--For purposes of this paragraph, the terms ``bank'' and ``bank holding company'' have the same meaning as in section 2 of the Bank Holding Company Act of 1956. (2) Federal banking agencies.--The term ``Federal banking agencies'' has the same meaning as in section 3(z) of the Federal Deposit Insurance Act. (3) National treatment.--The term ``national treatment'' means, with respect to any foreign country, treatment that offers United States banking organizations the same competitive opportunities (including effective market access) in such country as are available to the foreign country's domestic banking organizations in like circumstances. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 3. APPLICATIONS BY FOREIGN BANKS AND OTHER PERSONS OF A FOREIGN COUNTRY. (a) Applications Under the International Banking Act of 1978.-- Section 7(d) of the International Banking Act of 1978 (12 U.S.C. 3105(d)) is amended by adding at the end the following new paragraph: ``(6) Additional standard.--In acting on any application under paragraph (1), the Board shall take into account whether the Secretary of the Treasury has published a notice, in accordance with section 2(c) of the National Treatment in Banking Act of 1994, that the possible denial of national treatment to United States banking organizations by the foreign bank's home country identified under section 2(a) of such Act may be having a significant adverse effect on such organizations.''. (b) Applications Under the Bank Holding Company Act of 1956.-- Section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844) is amended by adding at the end the following new subsection: ``(g) Applications by a Foreign Bank.--In considering any application or notice under section 3 or 4 by any foreign bank (as defined in section 1(b) of the International Banking Act of 1978), the Board shall take into account whether the Secretary of the Treasury has published a notice, in accordance with section 2(c) of the National Treatment in Banking Act of 1994, that the possible denial of national treatment to United States banking organizations by the foreign bank's home country identified under section 2(a) of such Act may be having a significant adverse effect on such organizations.''. (c) Amendment to Change in Bank Control Act.--Section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)) is amended by adding at the end the following new paragraph: ``(19) Notice by a person of a foreign country.-- ``(A) In general.--In considering a notice under this subsection by a person of a foreign country, the appropriate Federal banking agency shall take into account whether the Secretary of the Treasury has published a notice, in accordance with section 2(c) of the National Treatment in Banking Act of 1994, that the possible denial of national treatment to United States banking organizations by such person's home country identified under section 2(a) of such Act may be having a significant adverse effect on such organizations. ``(B) Person of a foreign country defined.--For purposes of this paragraph, the term `person of a foreign country' means-- ``(i) any entity that-- ``(I) is organized under the laws of the foreign country, or ``(II) has the entity's principal place of business in the foreign country; ``(ii) an individual who-- ``(I) is a citizen of the foreign country, or ``(II) is domiciled in the foreign country; and ``(iii) any person that is, directly or indirectly, under the control of any entity or individual described in clause (i) or (ii).''. (d) Amendment to National Bank Act.--Section 5155 of the Revised Statutes (12 U.S.C. 36) is amended by adding at the end the following new subsection: ``(i) Application by a Bank Which Is a Person of a Foreign Country.--In considering any application under this section by any bank which is a person of a foreign country (as defined in section 7(j)(19)(B) of the Federal Deposit Insurance Act), the Comptroller of the Currency shall take into account whether the Secretary of the Treasury has published a notice, in accordance with section 2(c) of the National Treatment in Banking Act of 1994, that the possible denial of national treatment to United States banking organizations by such person's home country identified under section 2(a) of such Act may be having a significant adverse effect on such organizations.''. (e) Amendment to Federal Deposit Insurance Act.--Section 18(c) of the Federal Deposit Insurance Act (12 U.S.C. 1828(c)) is amended by adding at the end the following new paragraph: ``(12) Application by a bank which is a person of a foreign country.--In considering any merger transaction under this subsection involving any bank which is a person of a foreign country (as defined in section 7(j)(19)(B)), the responsible agency shall take into account whether the Secretary of the Treasury has published a notice, in accordance with section 2(c) of the National Treatment in Banking Act of 1994, that the possible denial of national treatment to United States banking organizations by such person's home country identified under section 2(a) of such Act may be having a significant adverse effect on such organizations.''. (f) Amendment to Federal Reserve Act.--The 3d undesignated paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 321) is amended in the proviso by inserting ``, including section 5155(i) of the Revised Statutes,'' after ``limitations and restrictions''. SEC. 4. CONSISTENCY WITH BILATERAL AND MULTILATERAL AGREEMENTS. No authority under this Act or any amendment made by this Act to any other law may be used to take any action with respect to a foreign country which is inconsistent with any bilateral or multilateral agreement that governs financial services in which such country is obligated to provide national treatment for United States banking organizations. Passed the House of Representatives September 30, 1994. Attest: DONNALD K. ANDERSON, Clerk.", "summary": "National Treatment in Banking Act of 1994 - Directs the Secretary of the Treasury to: (1) identify the extent to which foreign countries may be denying national treatment to U.S. banking organizations; and (2) assess whether the possible denial of national treatment to such banking organizations may be having a significant adverse effect upon them. Authorizes the Secretary to publish notice of such assessments in the Federal Register. Amends the International Banking Act of 1978, the Bank Holding Company Act of 1956, the Federal Deposit Insurance Act, and the National Bank Act to direct the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Comptroller of the Currency to take into account whether the Secretary has published such notice in the Federal Register when considering applications by foreign banks or other persons of a foreign country. Declares that no authority under this Act or any amendment it makes to any other law may be used to take any action with respect to a foreign country which is inconsistent with any bilateral or multilateral agreement that governs financial services in which such country is obligated to provide national treatment for U.S. banking organizations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Fairness Act of 1998''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. (a) In General.--Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made'', and by striking ``1984'' in clause (i) and inserting ``1989''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraphs (F) and (G) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979............................... 55 percent 1980............................... 45 percent 1981............................... 35 percent 1982............................... 32 percent 1983............................... 25 percent 1984............................... 20 percent 1985............................... 16 percent 1986............................... 10 percent 1987............................... 3 percent 1988............................... 5 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph. ``(G)(i) This paragraph shall apply in the case of any individual subject to any timely election to receive lump sum payments under this subparagraph. ``(ii) A written election to receive lump sum payments under this subparagraph, in lieu of the application of this paragraph to the computation of the primary insurance amount of an individual described in paragraph (4)(B), may be filed with the Commissioner of Social Security in such form and manner as shall be prescribed in regulations of the Commissioner. Any such election may be filed by such individual or, in the event of such individual's death before any such election is filed by such individual, by any other beneficiary entitled to benefits under section 202 on the basis of such individual's wages and self- employment income. Any such election filed after December 31, 1998, shall be null and void and of no effect. ``(iii) Upon receipt by the Commissioner of a timely election filed by the individual described in paragraph (4)(B) in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of such election to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay such individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000, in 4 annual lump sum installments of $1,250, the first of which shall be made during fiscal year 1999 not later than July 1, 1999, and ``(II) subparagraph (A) shall not apply in determining such individual's primary insurance amount. ``(iv) Upon receipt by the Commissioner as of December 31, 1998, of a timely election filed in accordance with clause (ii) by at least one beneficiary entitled to benefits on the basis of the wages and self- employment income of a deceased individual described in paragraph (4)(B), if such deceased individual has filed no timely election in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of all such elections received as of such date to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay each beneficiary filing such a timely election, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000 (or, in the case of 2 or more such beneficiaries, such amount distributed evenly among such beneficiaries), in 4 equal annual lump sum installments, the first of which shall be made during fiscal year 1999 not later than July 1, 1999, and ``(II) solely for purposes of determining the amount of such beneficiary's benefits, subparagraph (A) shall be deemed not to apply in determining the deceased individual's primary insurance amount.''. (b) Effective Date and Related Rules.-- (1) Applicability of amendments.-- (A) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before July 1999. The amendments made this section shall apply with respect to benefits payable in months in any fiscal year after fiscal year 2002 only if the corresponding decrease in adjusted discretionary spending limits for budget authority and outlays under section 3 of this Act for fiscal years prior to fiscal year 2003 is extended by Federal law to such fiscal year after fiscal year 2002. (2) Recomputation to reflect benefit increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for June 1999, if such benefits are based on a primary insurance amount computed-- (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. SEC. 3. OFFSET PROVIDED BY PROJECTED FEDERAL BUDGET SURPLUSES. Amounts offset by this Act shall not be counted as direct spending for purposes of the budgetary limits provided in the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985.", "summary": "Notch Fairness Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000. Provides that amounts offset by this Act shall not be counted as direct spending for purposes of the budgetary limits provided in the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Intergovernmental Law Enforcement Information Sharing Act of 2001''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) Governors and mayors are responsible for the protection of their constituents, and State and local agencies are typically the first responders to emergencies. Therefore, State and local officials and agencies must be able to receive information regarding potential threats within their jurisdictions. (2) Most State and local law enforcement authorities currently have mechanisms in place to receive and protect classified information provided by Federal officials. These mechanisms must be supplemented to include elected officials and additional senior law enforcement officials in every State. (3) Expanding the issuance of security clearances, consistent with all applicable Federal standards and investigative requirements, is an important means of improving information sharing among Federal, State, and local officials. (4) There is a need for a comprehensive review of procedures within Federal law enforcement agencies in order to identify and remedy unnecessary barriers to information sharing among Federal, State, and local law enforcement agencies. SEC. 3. SECURITY CLEARANCES AND ENHANCED INFORMATION SHARING. Chapter 65 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 6509. Intergovernmental cooperation to enhance the sharing of law enforcement information ``(a) The Attorney General shall expeditiously carry out security clearance investigations for the persons identified in subsection (b), and shall grant appropriate security clearances to all such persons who qualify for clearances under the standards set forth in applicable laws and Executive orders. ``(b) The persons referred to in subsection (a) are: ``(1) Every Governor of a State or territory who applies for a security clearance. ``(2) Every chief elected official of a political subdivision of a State or territory with a population exceeding 30,000 who applies for a security clearance. ``(3) At least one senior law enforcement official for each State or territory, as designated by the Governor of such State or territory. ``(4) At least one senior law enforcement official for each political subdivision described in paragraph (2), as designated by the chief elected official of such subdivision. ``(5) Law enforcement officers from State, territorial, and local agencies that participate in Federal counter-terrorism working groups, joint or regional terrorism task forces, and other activities involving the combined efforts of Federal and non-Federal law enforcement agencies. ``(6) The chiefs, commissioners, sheriffs, or comparable officials who head each State, territorial, and local agency that participates in a working group, task force, or similar activity described in paragraph (5). ``(c)(1) The Attorney General may charge State, territorial, and local governments, in whole or in part, for the costs of carrying out security clearance investigations and granting security clearances under this section. Such charges may not exceed the amounts charged for carrying out such investigations and granting such clearances for Federal employees. ``(2) The Attorney General may waive any charges that would otherwise apply under paragraph (1) to a State, territorial, or local government if such government agrees to promptly provide Federal officials, without charge, access to the criminal databases of such government for the purpose of conducting personnel security background investigations for military, civilian, and contract employees. ``(d) To the maximum extent practicable, the Attorney General shall ensure that information systems, including databases, are configured to allow efficient and effective sharing of information among appropriate Federal, State, territorial, and local officials and agencies.''. SEC. 4. STUDY BY THE ATTORNEY GENERAL. (a) Study Required.--The Attorney General shall conduct a study of methods to enhance the sharing of sensitive Federal law enforcement information with State, territorial, and local law enforcement officials. The study shall review-- (1) appropriate safeguards to protect confidential sources and methods; (2) mechanisms for determining the credibility of information relating to potential threats; (3) restrictions on access to Federal databases by State, territorial, and local elected officials and law enforcement personnel; and (4) any other matter that the Attorney General considers appropriate. (b) Participation.--The Attorney General shall ensure that officials from State, territorial, and local law enforcement agencies participate in the study. (c) Report.--Not later than 6 months after the date of the enactment of this Act, the Attorney General shall submit a report containing the findings and recommendations of the study to the Committee on Government Reform and the Committee on the Judiciary of the House of Representatives and the Committee on Governmental Affairs and the Committee on the Judiciary of the Senate. SEC. 5. DISCLAIMER. Nothing in this Act shall be construed to limit the authority of the head of a Federal agency to classify information or to continue the classification of information previously classified by an agency.", "summary": "Intergovernmental Law Enforcement Information Sharing Act of 2001 - Directs the Attorney General to expeditiously carry out security clearance investigations for, and to grant appropriate security clearances to, specified persons, including: (1) every Governor who applies for a security clearance; (2) at least one senior law enforcement official for each State or territory; (3) law enforcement officers from State, territorial, and local agencies that participate in Federal counter-terrorism working groups or joint or regional terrorism task forces; and (4) the chiefs, commissioners, sheriffs, or comparable officials who head State, territorial, and local agencies that participate in such working groups or task forces.Authorizes the Attorney General to: (1) charge State, territorial, and local governments for the costs of carrying out security clearance investigations and granting security clearances, not to exceed the amounts charged for Federal employees; and (2) waive any charges that would otherwise apply to a State, territorial, or local government if such government agrees to promptly provide Federal officials, without charge, with access to criminal databases for the purpose of conducting personnel security background investigations for military, civilian, and contract employees.Directs the Attorney General to: (1) ensure that information systems, including databases, are configured to allow efficient and effective sharing of information among appropriate Federal, State, territorial, and local officials and agencies; and (2) conduct a study of methods to enhance the sharing of sensitive Federal law enforcement information with State, territorial, and local law enforcement officials."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Human Rights by Ending Israeli Military Detention of Palestinian Children Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Israel ratified the Convention on the Rights of the Child on October 3, 1991, which states-- (A) in article 37(a), that ``no child shall be subject to torture or other cruel, inhuman or degrading treatment or punishment''; (B) in article 37(b), that the arrest, detention or imprisonment of a child ``shall be used only as a measure of last resort and for the shortest appropriate period of time''; (C) in article 37(c), that ``every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age''; and (D) in article 37(d), that ``[e]very child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action''. (2) In the Israeli-occupied West Bank, there are two separate legal systems, with Israeli military law imposed on Palestinians and Israeli civilian law applied to Israeli settlers. (3) The Israeli military detains around 500 to 700 Palestinian children between the ages of 12 and 17 each year and prosecutes them before a military court system that lacks basic and fundamental guarantees of due process in violation of international standards. (4) Approximately 2,700,000 Palestinians live in the West Bank, of which around 47 percent are children under the age of 18, who live under military occupation, the constant fear of arrest, detention, and violence by the Israeli military, and the threat of recruitment by armed groups. (5) Since 2000, an estimated 10,000 Palestinian children have been detained by Israeli security forces in the West Bank and prosecuted in the Israeli military court system. (6) Children under the age of 12 cannot be prosecuted in Israeli military courts. However, Israeli military forces detain children under the age of 12 and question them, for several hours, before releasing them to their families or to Palestinian authorities. (7) Human Rights Watch documented, in a July 2015 report titled ``Israel: Security Forces Abuse Palestinian Children'', that such detentions also included the use of chokeholds, beatings, and coercive interrogation on children between the ages of 11 and 15 years. (8) The United Nations Children's Fund (UNICEF) concluded, in a February 2013 report titled ``Children in Israeli Military Detention'', that the ``ill-treatment of children who come in contact with the military detention system appears to be widespread, systematic and institutionalized throughout the process, from the moment of arrest until the child's prosecution and eventual conviction and sentencing''. (9) The 2013 UNICEF report further determines that the Israeli system of military detention of Palestinian children profoundly deviates from international norms, stating that ``in no other country are children systematically tried by juvenile military courts that, by definition, fall short of providing the necessary guarantees to ensure respect for their rights''. (10) UNICEF also released reports in October 2013 and February 2015 noting that Israeli authorities have, since March 2013, issued new military orders and taken steps to reinforce existing military and police standard operating procedures relating to the detention of Palestinian children. However, the reports still found continued and persistent evidence of ill- treatment of Palestinian children detained by Israeli forces. (11) In 2013, the annual Country Report on Human Rights Practices for Israel and the Occupied Territories (``Annual Report'') published by the Department of State noted that Israeli security services continued to abuse, and in some cases torture minors, frequently arrested on suspicion of stone- throwing, in order to coerce confessions. The torture tactics used included threats, intimidation, long-term handcuffing, beatings, and solitary confinement. (12) The 2013 Annual Report also stated that ``signed confessions by Palestinian minors, written in Hebrew, a language most could not read, continued to be used as evidence against them in Israeli military courts''. (13) The 2016 Annual Report noted a ``significant increase in detentions of minors'' in 2016, and that ``Israeli authorities continued to use confessions signed by Palestinian minors, written in Hebrew.'' It also highlighted the renewed use of ``administrative detention'' against Palestinians, including children, a practice in which a detainee may be held indefinitely, without charge or trial, by the order of a military commander or other government official. (14) The nongovernmental organization Defense for Children International Palestine collected affidavits from 429 West Bank children who were detained between 2012 and 2015, and concluded that-- (A) three-quarters of the children endured physical violence following arrest; (B) under Israeli military law, children do not have the right to a lawyer during interrogation; (C) 97 percent of the children did not have a parent present during their interrogation; (D) 84 percent of the children were not properly informed of their rights by Israeli police; (E) interrogators used stress positions, threats of violence, and isolation to coerce confessions from detained children; and (F) 66 children were held in pre-trial, pre-charge isolation for interrogation purposes for an average period of 13 days. (15) Amendments to Israeli military law concerning the detention of Palestinian children have had little to no impact on the treatment of children during the first 24 to 48 hours after an arrest, when the majority of their ill-treatment occurs. (16) In 2002, the United Nations Committee on the Rights of the Child, which monitors implementation of the Convention on the Rights of the Child, reviewed Israel's compliance with the Convention and expressed serious concern regarding ``allegations and complaints of inhuman or degrading practices and of torture and ill-treatment of Palestinian children'' during arrest, interrogation, and detention. (17) In 2013, the Committee declared that Palestinian children arrested by Israeli forces ``continue to be systematically subject to degrading treatment, and often to acts of torture'' and that Israel had ``fully disregarded'' the previous recommendations of the Committee to comply with international law. SEC. 3. PURPOSE. The purpose of this Act is to promote and protect the human rights of Palestinian children and to ensure that United States taxpayer funds shall not be used to support the military detention of Palestinian children. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the detention and prosecution of Palestinian children in a military court system by the Government of Israel-- (1) violates international law and internationally recognized standards of human rights; (2) is contrary to the values of the American people and the efforts of the United States to support equality, human rights, and dignity for both Palestinians and Israelis; (3) undermines efforts by the United States to achieve a just and lasting peace between Israel and the Palestinians; and (4) should be terminated and replaced with a juvenile justice system in which Israeli authorities do not discriminate between the treatment of Israeli and Palestinian children and that adheres to internationally recognized standards of human rights and obligations. SEC. 5. STATEMENT OF POLICY. It is the policy of the United States not to support the military detention of Palestinian children, a practice that results in widespread and systematic human rights violations against Palestinian child detainees and is inconsistent with the values of the United States. SEC. 6. PROHIBITION ON UNITED STATES FUNDS TO SUPPORT MILITARY DETENTION OF PALESTINIAN CHILDREN. (a) Prohibition.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated for assistance to Israel may be used to support the military detention, interrogation, abuse, or ill-treatment of Palestinian children in violation of international humanitarian law or to support the use against Palestinian children of any of the following practices: (1) Torture or cruel, inhumane, or degrading treatment. (2) Physical violence, including restraint in stress positions. (3) Hooding, sensory deprivation, death threats, or other forms of psychological abuse. (4) Incommunicado detention or solitary confinement. (5) Administrative detention, as described in section 2(13). (6) Denial of access to parents or legal counsel during interrogations. (7) Confessions obtained by force or coercion. (b) Certification.--Not later than October 15, 2018, and annually thereafter, the Secretary of State shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate-- (1) a certification that none of the funds obligated or expended in the previous fiscal year for assistance to the Government of Israel have been used by such Government to support personnel, training, lethal materials, equipment, facilities, logistics, transportation or any other activity that supports or is associated with any of the activities prohibited under subsection (a); or (2) if the Secretary cannot make such a certification, a report describing in detail the amount of such funds used by the Government of Israel in violation of subsection (a) and each activity supported by such funds. (c) Additional Matter in Existing Reports.--The Secretary of State shall include, in each report required under section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n), a description of the nature and extent of detention, interrogation, abuse, or ill-treatment of Palestinian children by Israeli military forces or police in violation of international humanitarian law.", "summary": "Promoting Human Rights by Ending Israeli Military Detention of Palestinian Children Act This bill prohibits U.S. assistance to Israel from being used to support the military detention, interrogation, or ill-treatment of Palestinian children in violation of international humanitarian law or the use against Palestinian children of: (1) torture, inhumane, or degrading treatment; (2) physical violence or psychological abuse; (3) incommunicado or administrative detention; (4) solitary confinement; (5) denial of parental or legal access during interrogations; or (6) force or coercion to obtain a confession. The Department of State shall annually submit to Congress: (1) a certification that none of the funds obligated or expended in the previous fiscal year for assistance to Israel have been used to support any of such activities; or (2) if the State Department cannot make such certification, a report describing each activity and the amount of funds used by Israel in violation of this bill. The State Department shall include in each annual report on the barring of development assistance to a country that engages in human rights violations a description of the nature and extent of detention, interrogation, or ill-treatment of Palestinian children by Israeli military forces or police in violation of international humanitarian law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mobile Workforce State Income Tax Fairness and Simplification Act''. SEC. 2. LIMITATIONS ON STATE WITHHOLDING AND TAXATION OF EMPLOYEE INCOME. (a) In General.--No part of the wages or other remuneration earned by an employee who performs employment duties in more than one State shall be subject to income tax in any State other than-- (1) the State of the employee's residence; and (2) the State within which the employee is present and performing employment duties for more than 30 days during the calendar year in which the income is earned. (b) Wages or Other Remuneration.--Wages or other remuneration earned in any calendar year are not subject to State income tax withholding and reporting unless the employee is subject to income tax under subsection (a). Income tax withholding and reporting under subsection (a)(2) shall apply to wages or other remuneration earned as of the commencement date of duties in the State during the calendar year. (c) Operating Rules.--For purposes of determining an employer's State income tax withholding and information return obligations-- (1) an employer may rely on an employee's determination of the time expected to be spent by such employee in the States in which the employee will perform duties absent-- (A) actual knowledge of fraud by the employee in making the estimate; or (B) collusion between the employer and the employee to evade tax; (2) if records are maintained by an employer recording the location of an employee for other business purposes, such records shall not preclude an employer's ability to rely on an employee's determination as set forth in paragraph (1); and (3) notwithstanding paragraph (2), if an employer, at its sole discretion, maintains a time and attendance system which tracks where the employee performs duties on a daily basis, data from the time and attendance system shall be used instead of the employee's determination as set forth in paragraph (1). (d) Definitions and Special Rules.--For purposes of this Act: (1) Day.-- (A) An employee will be considered present and performing employment duties within a State for a day if the employee performs the preponderance of the employee's employment duties within such State for such day. (B) Notwithstanding subsection (d)(1)(A), if an employee performs material employment duties in a resident state and one nonresident state during one day, such employee will be considered to have performed the preponderance of the employee's employment duties in the nonresident state for such day. (C) For purposes of subsection (d)(1), the portion of the day the employee is in transit shall not apply in determining the location of an employee's performance of employment duties. (2) Employee.--The term ``employee'' shall be defined by the State in which the duties are performed, except that the term ``employee'' shall not include a professional athlete, professional entertainer, or certain public figures. (3) Professional athlete.--The term ``professional athlete'' means a person who performs services in a professional athletic event, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional athlete. (4) Professional entertainer.--The term ``professional entertainer'' means a person who performs services in the professional performing arts for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional entertainer. (5) Certain public figures.--The term ``certain public figures'' means persons of prominence who perform services for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for services provided at a discrete event in the form of a speech, similar presentation or personal appearance. (6) Employer.--The term ``employer'' has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C. 3401(d)) or shall be defined by the State in which the duties are performed. (7) State.--The term ``State'' means each of the several States of the United States. (8) Time and attendance system.--The term ``time and attendance system'' means a system where the employee is required on a contemporaneous basis to record his work location for every day worked outside of the state in which the employee's duties are primarily preformed and the employer uses this data to allocate the employee's wages between all taxing jurisdictions in which the employee performs duties. (9) Wages or other remuneration.--The term ``wages or other remuneration'' shall be defined by the State in which the employment duties are performed. SEC. 3. EFFECTIVE DATE. This Act shall be effective on January 1, 2011.", "summary": "Mobile Workforce State Income Tax Fairness and Simplification Act - Limits state taxation of the wages or other remuneration of any employee who performs duties in more than one state to: (1) the state of the employee's residence; and (2) the state in which the employee is present and performing employment duties for more than 30 days. Exempts from the definition of \"employee\" for purposes of this Act a professional athlete or entertainer or certain public figures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Protection From Tobacco Addiction Act of 1996''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Cigarette smoking and tobacco use account for approximately 450,000 deaths each year in the United States. (2) Cigarette smoking accounts for approximately $65,000,000,000 each year in lost productivity and health care costs. (3) Tobacco products are as addictive as cocaine and heroin. (4) Each day in the United States, approximately 3,000 children try their first cigarette, many of whom will become addicted and will die prematurely. (5) The tobacco industry spends over $6,000,000,000 each year to promote and advertise its products using images of sexual attraction, sophistication, athletic abilities, and good health. (6) The present advertising and promotional themes used by the tobacco industry strongly influence youth tobacco use and it is in the Government's interests to prohibit tobacco advertising and promotion to discourage the use of tobacco by the Nation's youth. (7) In spite of the well established and well known dangers of tobacco products, the tobacco industry has for years denied that their products cause disease or are addictive. (8) Of adult smokers, 82 percent smoked their first cigarette before the age of 18. Of young people who become regular smokers, 70 percent regret their decision to smoke. (9) Voluntary agreements with the tobacco industry, which have been attempted for more than 30 years, have been shown to be ineffective. SEC. 3. LIMITATIONS ON TOBACCO ADVERTISING, PROMOTION, AND PACKAGING. (a) Advertising.--It shall be unlawful for any manufacturer, packer, distributor, importer, or seller of tobacco products in or affecting commerce to advertise or cause to be advertised any tobacco product. (b) Promotion.--It shall be unlawful to-- (1) distribute any tobacco product as a free sample or to make any tobacco product available at no cost as the result of coupons or other method which allows tobacco products to be obtained for free or for reduced cost; (2) sponsor or cause to be sponsored any athletic, music, artistic, or other event in the name of a registered brand name, logo, or symbol of a tobacco product or in a manner so that a registered brand name, logo, or symbol of a tobacco product is publicly identified as a sponsor of or in any way associated with such an event, except if the registered brand name is also the name of the corporation which manufactures the tobacco product and both the registered brand and the corporation were in existence prior to January 1, 1996; (3) market or cause to be marketed nontobacco products or services which bear the name of a registered brand name, logo, symbol of a tobacco product, except if the registered brand name is also the name of the corporation which manufactures the tobacco product and both the registered brand and the corporation were in existence prior to January 1, 1996; (4) pay or cause to be paid to have any tobacco product or the registered brand name, logo, or symbol of any tobacco product appear in any movie, television show, play, video arcade game, or other form of entertainment, except if the registered brand name is also the name of the corporation which manufactures the tobacco product and both the registered brand and the corporation were in existence prior to January 1, 1996; and (5) pay or cause to be paid to have the registered brand name, logo, or symbol of any tobacco product appear on any toy commonly used by persons under the age of 18, or on any vehicle, boat, or other equipment used in sports, or on a sports stadium or other sports facility or any other facility where sporting activity is regularly performed, except if the registered brand name is also the name of the corporation which manufactures the tobacco product and both the registered brand and the corporation were in existence prior to January 1, 1996. (c) Tobacco Product Packages.--It shall be unlawful for any person to manufacture, package, distribute, or import for sale or distribution within the United States any tobacco product the package of which fails to comply with the following requirements: (1) No human figure or facsimile thereof, no brand name logo or symbol, and no picture shall be used in or as part of any tobacco product package. (2) The print on any tobacco product package shall be black on a white background. SEC. 4. ENFORCEMENT. (a) Injunction.--The district courts of the United States shall have jurisdiction over civil actions brought to restrain violations of section 3. Such a civil action may be brought in the United States district court for the judicial district in which the violation occurred or in which the defendant is found or transacts business. In such a civil action process may be served on a defendant in any judicial district in which the defendant resides or may be found and subpoenas requiring attendance of witnesses in any such action may be served in any judicial district. (b) Misbranding.--Any tobacco product which is advertised, promoted, or packaged in violation of section 3 shall be considered a misbranded drug under the Federal Food, Drug, and Cosmetic Act. SEC. 5. DEFINITIONS. As used in section 3: (1) The term ``tobacco product'' means-- (A) cigarettes and little cigars as defined in section 3 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1332), (B) cigars as defined in section 5702 of the Internal Revenue Code of 1954, (C) pipe tobacco and loose rolling tobacco, (D) smokeless tobacco as defined in section 9(1) of the Comprehensive Smokeless Tobacco Health Education Act of 1986, and (E) any other form of tobacco intended for human consumption. (2) The term ``advertisement'' means-- (A) all newspapers and magazine advertisements and advertising inserts, billboards, posters, signs, decals, banners, matchbook advertising, point-of- purchase display material (except price information), and all other written or other material used for promoting the sale or consumption of tobacco products to consumers, (B) advertising promotion allowances, and (C) any other means used to promote the purchase of tobacco products. SEC. 6. AUTHORITY OF THE FEDERAL TRADE COMMISSION. Nothing in this Act shall be construed to limit or restrict the existing authority of the Federal Trade Commission with respect to tobacco products or promotion. SEC. 7. AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION. Nothing in this Act shall be construed to limit or restrict the existing or future authority of the Food and Drug Administration with respect to tobacco products or promotion. SEC. 8. PREEMPTION. Nothing in this Act or section 5 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1332 et seq.) shall prevent any State or local government from regulating-- (1) the location of any advertising for tobacco products which is displayed within the geographic area governed by the applicable State or local government, such as advertising on billboards and on transit vehicles, and (2) the sale, distribution, or promotion of tobacco products within the geographic area governed by the applicable State or local government, so long as such actions are consistent with and no less restrictive than requirements of this Act and the Federal Cigarette Labeling and Advertising Act. SEC. 9. CONSTRUCTION. Nothing in this Act shall supersede, repeal, or modify any requirement of the Federal Cigarette Labeling and Advertising Act, as amended (15 U.S.C. 1332 et seq.) and the Comprehensive Smokeless Tobacco Health Education Act of 1986. SEC. 10. EFFECTIVE DATE. This Act shall take effect 1 year from the date of enactment, except as follows: (1) Advertising on billboards which violates section 3 shall be prohibited effective 2 years after the date of enactment. (2) The prohibition of sponsorship of any athletic, music, artistic, or other event in the name of a registered brand name, logo, or symbol of a tobacco product or in a manner so that a registered brand name, logo, or symbol of a tobacco product is publicly identified as a sponsor of or in any way associated with such an event shall apply-- (A) in the case of events subject to contracts which were entered into before the enactment of the Act, 3 years after such date or after the termination of the contract, whichever occurs first; and (B) in the case of events subject to contracts and contract renewals entered into on or after the date of enactment of this Act, on such date.", "summary": "Youth Protection From Tobacco Addiction Act of 1996 - Places specified limitations on tobacco advertising, promotion, and packaging."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Financial Management Improvement Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Much effort has been devoted to strengthening Federal internal accounting controls in the past. Although progress has been made in recent years, Federal accounting standards have not been uniformly implemented in financial management systems for agencies. (2) Federal financial management continues to be seriously deficient, and Federal financial management and fiscal practices have failed to-- (A) identify costs fully; (B) reflect the total liabilities of congressional actions; and (C) accurately report the financial condition of the Federal Government. (3) Current Federal accounting practices do not accurately report financial results of the Federal Government or the full costs of programs and activities. The continued use of these practices undermines the Government's ability to provide credible and reliable financial data and encourages already widespread Government waste, and will not assist in achieving a balanced budget. (4) Waste and inefficiency in the Federal Government undermine the confidence of the American people in the Government and reduce the Federal Government's ability to address vital public needs adequately. (5) To rebuild the accountability and credibility of the Federal Government, and restore public confidence in the Federal Government, agencies must incorporate accounting standards and reporting objectives established for the Federal Government into their financial management systems so that all the assets and liabilities, revenues, and expenditures or expenses, and the full costs of programs and activities of the Federal Government can be consistently and accurately recorded, monitored, and uniformly reported throughout the Federal Government. (6) Since its establishment in October 1990, the Federal Accounting Standards Advisory Board (hereinafter referred to as the ``FASAB'') has made substantial progress toward developing and recommending a comprehensive set of accounting concepts and standards for the Federal Government. When the accounting concepts and standards developed by FASAB are incorporated into Federal financial management systems, agencies will be able to provide cost and financial information that will assist the Congress and financial managers to evaluate the cost and performance of Federal programs and activities, and will therefore provide important information that has been lacking, but is needed for improved decisionmaking by financial managers and the Congress. (7) The development of financial management systems with the capacity to support these standards and concepts will, over the long term, improve Federal financial management. (b) Purposes.--The purposes of this Act are to-- (1) provide for consistency of accounting by an agency from one fiscal year to the next, and uniform accounting standards throughout the Federal Government; (2) require Federal financial management systems to support full disclosure of Federal financial data, including the full costs of Federal programs and activities, to the citizens, the Congress, the President, and agency management, so that programs and activities can be considered based on their full costs and merits; (3) increase the accountability and credibility of Federal financial management; (4) improve performance, productivity and efficiency of Federal Government financial management; (5) establish financial management systems to support controlling the cost of Federal Government; (6) build upon and complement the Chief Financial Officers Act of 1990 (Public Law 101-576; 104 Stat. 2838), the Government Performance and Results Act of 1993 (Public Law 103- 62; 107 Stat. 285), and the Government Management Reform Act of 1994 (Public Law 103-356; 108 Stat. 3410); and (7) increase the capability of agencies to monitor execution of the budget by more readily permitting reports that compare spending of resources to results of activities. SEC. 3. IMPLEMENTATION OF FEDERAL FINANCIAL MANAGEMENT IMPROVEMENTS. (a) In General.--Each agency shall implement and maintain financial management systems that comply with Federal financial management systems requirements, applicable Federal accounting standards, and the United States Government Standard General Ledger at the transaction level. (b) Priority.--Each agency shall give priority in funding and provide sufficient resources to implement this Act. (c) Audit Compliance Finding.-- (1) In general.--Each audit required by section 3521(e) of title 31, United States Code, shall report whether the agency financial management systems comply with the requirements of subsection (a). (2) Content of reports.--When the person performing the audit required by section 3521(e) of title 31, United States Code, reports that the agency financial management systems do not comply with the requirements of subsection (a), the person performing the audit shall include in the report on the audit-- (A) the name and position of any officer or employee responsible for the financial management systems that have been found not to comply with the requirements of subsection (a); (B) all facts pertaining to the failure to comply with the requirements of subsection (a), including-- (i) the nature and extent of the noncompliance; (ii) the primary reason or cause of the noncompliance; (iii) any official responsible for the noncompliance; and (iv) any relevant comments from any responsible officer or employee; and (C) a statement with respect to the recommended remedial actions and the timeframes to implement such actions. (d) Compliance Determination.-- (1) In general.--No later than the date described under paragraph (2), the Director, acting through the Controller of the Office of Federal Financial Management, shall determine whether the financial management systems of an agency comply with the requirements of subsection (a). Such determination shall be based on-- (A) a review of the report on the applicable agency-wide audited financial statement; (B) the agency comments on such report; and (C) any other information the Director considers relevant and appropriate. (2) Date of determination.--The determination under paragraph (1) shall be made no later than 90 days after the earlier of-- (A) the date of the receipt of an agency-wide audited financial statement; or (B) the last day of the fiscal year following the year covered by such statement. (e) Compliance Implementation.-- (1) In general.--If the Director determines that the financial management systems of an agency do not comply with the requirements of subsection (a), the head of the agency, in consultation with the Director, shall establish a remediation plan that shall include the resources, remedies, and intermediate target dates necessary to bring the agency's financial management systems into compliance. (2) Time period for compliance.--A remediation plan shall bring the agency's financial management systems into compliance no later than 2 years after the date on which the Director makes a determination under paragraph (1), unless the agency, with concurrence of the Director-- (A) determines that the agency's financial management systems are so deficient as to preclude compliance with the requirements of subsection (a) within 2 years; (B) specifies the most feasible date for bringing the agency's financial management systems into compliance with the requirements of subsection (a); and (C) designates an official of the agency who shall be responsible for bringing the agency's financial management systems into compliance with the requirements of subsection (a) by the date specified under subparagraph (B). (3) Transfer of funds for certain improvements.--For an agency that has established a remediation plan under paragraph (2), the head of the agency, to the extent provided in an appropriation and with the concurrence of the Director, may transfer not to exceed 2 percent of available agency appropriations to be merged with and to be available for the same period of time as the appropriation or fund to which transferred, for priority financial management system improvements. Such authority shall be used only for priority financial management system improvements as identified by the head of the agency, with the concurrence of the Director, and in no case for an item for which Congress has denied funds. The head of the agency shall notify Congress 30 days before such a transfer is made pursuant to such authority. (4) Report if noncompliance within time period.--If an agency fails to bring its financial management systems into compliance within the time period specified under paragraph (2), the Director shall submit a report of such failure to the Committees on Governmental Affairs and Appropriations of the Senate and the Committees on Government Reform and Oversight and Appropriations of the House of Representatives. The report shall include-- (A) the name and position of any officer or employee responsible for the financial management systems that have been found not to comply with the requirements of subsection (a); (B) the facts pertaining to the failure to comply with the requirements of subsection (a), including the nature and extent of the noncompliance, the primary reason or cause for the failure to comply, and any extenuating circumstances; (C) a statement of the remedial actions needed; and (D) a statement of any administrative action to be taken with respect to any responsible officer or employee. (f) Personal Responsibility.--Any financial officer or program manager who knowingly and willfully commits, permits, or authorizes material deviation from the requirements of subsection (a) may be subject to administrative disciplinary action, suspension from duty, or removal from office. SEC. 4. APPLICATION TO CONGRESS AND THE JUDICIAL BRANCH. (a) In General.--The Federal financial management requirements of this Act may be adopted by-- (1) the Senate by resolution as an exercise of the rulemaking power of the Senate; (2) the House of Representatives by resolution as an exercise of the rulemaking power of the House of Representatives; or (3) the Judicial Conference of the United States by regulation for the judicial branch. (b) Study and Report.--No later than October 1, 1997-- (1) the Secretary of the Senate and the Clerk of the House of Representatives shall jointly conduct a study and submit a report to Congress on how the offices and committees of the Senate and the House of Representatives, and all offices and agencies of the legislative branch may achieve compliance with financial management and accounting standards in a manner comparable to the requirements of this Act; and (2) the Chief Justice of the United States shall conduct a study and submit a report to Congress on how the judiciary may achieve compliance with financial management and accounting standards in a manner comparable to the requirements of this Act. SEC. 5. REPORTING REQUIREMENTS. (a) Reports by Director.--No later than March 31 of each year, the Director shall submit a report to the Congress regarding implementation of this Act. The Director may include the report in the financial management status report and the 5-year financial management plan submitted under section 3512(a)(1) of title 31, United States Code. (b) Reports by the Comptroller General.--No later than October 1, 1997, and October 1, of each year thereafter, the Comptroller General of the United States shall report to the appropriate committees of the Congress concerning-- (1) compliance with the requirements of section 3(a) of this Act, including whether the financial statements of the Federal Government have been prepared in accordance with applicable accounting standards; and (2) the adequacy of uniform accounting standards for the Federal Government. SEC. 6. CONFORMING AMENDMENTS. (a) Audits by Agencies.--Section 3521(f)(1) of title 31, United States Code, is amended in the first sentence by inserting ``and the Controller of the Office of Federal Financial Management'' before the period. (b) Financial Management Status Report.--Section 3512(a)(2) of title 31, United States Code, is amended by-- (1) in subparagraph (D) by striking ``and'' after the semicolon; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: ``(E) a listing of agencies whose financial management systems do not comply substantially with the requirements of the Federal Financial Management Improvement Act of 1996, the period of time that such agencies have not been in compliance, and a summary statement of the efforts underway to remedy the noncompliance; and''. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Agency.--The term ``agency'' means a department or agency of the United States Government as defined in section 901(b) of title 31, United States Code. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Federal accounting standards.--The term ``Federal accounting standards'' means applicable accounting principles, standards, and requirements consistent with section 902(a)(3)(A) of title 31, United States Code, and includes concept statements with respect to the objectives of Federal financial reporting. (4) Financial management systems.--The term ``financial management systems'' includes the financial systems and the financial portions of mixed systems necessary to support financial management, including automated and manual processes, procedures, controls, data, hardware, software, and support personnel dedicated to the operation and maintenance of system functions. (5) Financial system.--The term ``financial system'' includes an information system, comprised of one or more applications, that is used for-- (A) collecting, processing, maintaining, transmitting, or reporting data about financial events; (B) supporting financial planning or budgeting activities; (C) accumulating and reporting costs information; or (D) supporting the preparation of financial statements. (6) Mixed system.--The term ``mixed system'' means an information system that supports both financial and nonfinancial functions of the Federal Government or components thereof. SEC. 8. EFFECTIVE DATE. This Act shall take effect on October 1, 1996. Passed the Senate August 2, 1996. Attest: KELLY D. JOHNSTON, Secretary.", "summary": "Federal Financial Management Improvement Act of 1996 - Requires each Federal agency to: (1) implement and maintain financial management systems that comply with Federal requirements, Federal accounting standards, and the U.S. Government Standard General Ledger at the transaction level; and (2) give priority in funding and provide sufficient resources to implement this Act. Requires: (1) audit reporting of whether an agency's financial management systems comply with requirements; (2) compliance determination by the Director of the Office of Management and Budget (OMB), acting through the Controller of the Office of Federal Financial Management; and (3) if there is noncompliance with the standards, a remediation plan. Sets forth a limitation on the time period for bringing the agency's financial management systems into compliance. Allows the transfer of up to two percent of agency funds for priority financial management system improvements for an agency with a remediation plan. Requires a report by the Director of OMB if an agency fails to bring its financial management systems into compliance within the specified time period. Directs the: (1) Secretary of the Senate and the Clerk of the House, jointly, to study and submit a report to the Congress on how the Congress and the legislative branch may achieve compliance; and (2) Chief Justice of the United States to study and submit a report to the Congress on how the judiciary may achieve such compliance. Sets forth: (1) reporting requirements; (2) conforming amendments; (3) definitions; and (4) the effective date."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Health Security Partnership Act of 1995.'' SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) 40 million Americans do not have health insurance coverage. (2) Cost shifting among payers and providers contributes to the increasing cost of health care in the United States. (3) The only means of ending this cost shifting is to ensure that each individual in the United States has health insurance coverage. (b) Purpose.--It is the purpose of this Act to provide assistance to each State to enable the State to ensure, in the manner the State itself considers most appropriate, that each individual has health insurance coverage at least equivalent to the coverage provided to employees of the Federal Government. SEC. 3. STATE DEFINED. In this Act, the term ``State'' means each of the 50 States and the District of Columbia. TITLE I--FEDERAL PAYMENTS TO STATES SEC. 101. PAYMENTS TO STATES WITH CERTIFIED PLANS. For purposes of assisting States in carrying out plans approved under title II, the Secretary of Health and Human Services (hereafter in this Act referred to as the ``Secretary'') shall make payments to States with comprehensive health insurance plans certified under title II for a fiscal year in an amount determined under section 102. SEC. 102. AMOUNT OF STATE PAYMENT. The amount of payment made to a State for a fiscal year under section 101 shall be equal to the State's allocation of the total amount available for payments under this title for the fiscal year under section 103, as determined in accordance with the following formula: (1) 50 percent of the total amount available shall be allocated among the States on the basis of the ratio of the population of each State to the population of all States. (2) 50 percent of the total amount available shall be allocated among the States in amounts determined in accordance with the representative revenue system established by the Advisory Commission on Intergovernmental Relations. SEC. 103. TOTAL AMOUNT AVAILABLE FOR PAYMENTS. The total amount available for payments to States for a fiscal year under this title is equal to the following: (1) For fiscal year 1998, $1,000,000,000. (2) For fiscal year 1999, $2,000,000,000. (3) For fiscal year 2000, $28,000,000,000. (4) For fiscal year 2001, $29,000,000,000. (5) For fiscal year 2002, $30,000,000,000. (6) For fiscal year 2003, $31,000,000,000. TITLE II--REQUIREMENTS FOR COMPREHENSIVE HEALTH PLANS SEC. 201. IMPLEMENTATION OF CERTIFIED HEALTH INSURANCE PLANS BY STATES. (a) In General.--Not later than July 1, 1999, each State shall submit to the Secretary a comprehensive health insurance plan designed to be administered by the State and containing the provisions required under this title, and shall have such plan in place and operating not later than January 1, 2000. (b) Certification of Plans by Secretary.--The Secretary shall certify for a fiscal year those State plans developed and implemented under this title which meet the applicable requirements of this title for the fiscal year. SEC. 202. REQUIRED PROVISIONS OF HEALTH INSURANCE PLAN. Each State shall have maximum flexibility in developing and implementing its comprehensive health insurance plan under this title, except that the plan shall include at least the following provisions: (1) Coverage.--Health insurance coverage meeting the requirements of this title for all individuals in the State without regard to employment status, income, or pre-existing condition or other health status. (2) Portability and guaranteed renewal.--A prohibition against the denial, cancellation, or refusal to renew the coverage of an individual or employer except-- (A) on the basis of nonpayment of premiums, (B) on the basis of fraud or misrepresentation, or (C) because the plan is ceasing to provide any coverage in a geographic area. (3) Benefits.-- (A) Comparable to fehbp.--Coverage comparable to the coverage available to employees of the Federal Government under the Federal Employees Health Benefits Program (FEHBP) (as determined by the Secretary). Coverage under title XVIII of the Social Security Act or coverage under a State plan under title XIX of such Act shall be deemed to meet the requirement of the previous sentence. (B) Availability of home- and community-based care.--The offering of home- and community-based care as an alternative to institutional care if medically appropriate. (4) Community rating of premiums.--A requirement that the premium charged shall be equivalent for all individuals within any community, except that the premium may vary with respect to an individual on the basis of the individual's age or the number of members of the individual's family covered. (5) State supplemental premium payments.--The payment by the State of supplemental amounts to ensure that all individuals may obtain coverage at reasonable rates. (6) Quality of care.--The creation of adequate mechanisms designed to assure, monitor, and maintain the provision of high quality health care to individuals in the State. (7) Cost containment.--The creation of adequate mechanisms designed to control premiums and the costs of providing high quality health care to individuals in the State. SEC. 203. WAIVER OF ERISA LIMITATION ON STATE REGULATION OF SELF- INSURED PLANS. Section 514(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)) is amended by adding at the end the following paragraph: ``(9) Subsection (a) shall not apply to any State law to the extent such law conforms to or reflects the provisions of a comprehensive health insurance plan developed and implemented by the State and certified by the Secretary of Health and Human Services under title II of the American Health Security Partnership Act of 1995.''. SEC. 204. REQUIRING OPERATION OF CERTIFIED PLAN TO RECEIVE MEDICAID PAYMENTS. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(x)(1) In order to receive payments under this title for any quarter beginning on or after January 1, 2000, a State must have in effect a comprehensive health insurance plan certified for the fiscal year in which the quarter occurs by the Secretary under section 201(b) of the American Health Security Partnership Act of 1995. ``(2)(A) The provisions of this subsection shall not apply to a State for any quarter-- ``(i) that follows the quarter during which the State meets the requirements of this subsection; or ``(ii) with respect to which the Secretary determines that the State is unable to comply with the relevant requirements of this subsection-- ``(I) for good cause (but such a waiver may not be for a period in excess of 4 quarters), or ``(II) due to circumstances beyond the control of such State. ``(B) For purposes of determining deadlines imposed under this subsection, any time period during which a State was found under subparagraph (A)(ii)(II) to be unable to comply with the requirements of this subsection shall not be taken into account, and the Secretary shall modify all such deadlines with respect to such State accordingly.''. SEC. 205. INCREASE IN MINIMUM COMMUNITY SPOUSE RESOURCE ALLOWANCE UNDER MEDICAID. (a) In General.--Section 1924(f)(2)(A)(i) of the Social Security Act (42 U.S.C. 1396r-5(f)(2)(A)(i)) is amended by striking ``$12,000'' and inserting ``$50,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply to quarters beginning on or after October 1, 1995. TITLE III--FINANCING MECHANISMS SEC. 301. INCREASE IN TOP INCOME TAX RATE APPLICABLE TO CORPORATIONS. (a) In General.--Subsection (b) of section 11 of the Internal Revenue Code of 1986 is amended by striking ``35 percent'' each place it appears and inserting ``36 percent''. (b) Conforming Amendments.-- (1) The last sentence of section 11(b) of such Code is amended by striking ``$100,000'' and inserting ``$200,000''. (2) Clause (iii) of section 852(b)(3)(D) of such Code is amended by striking ``65 percent'' and inserting ``64 percent''. (3) Subsection (a) of section 1201 of such Code is amended by striking ``35 percent'' each place it appears and inserting ``36 percent''. (4) Paragraphs (1) and (2) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``36 percent''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 302. REVISION OF FEDERAL MEDICAL ASSISTANCE PERCENTAGE UNDER MEDICAID. Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended-- (1) in the first sentence, by striking ``83 per centum'' and inserting ``the applicable maximum percentage described in the second sentence''; and (2) by inserting after the first sentence the following new sentence: ``In the previous sentence, the `applicable maximum percentage' is 83 per centum for quarters occurring during fiscal years prior to fiscal year 1998 and 60 per centum for quarters occurring during fiscal year 1998 and each succeeding fiscal year.''. SEC. 303. INCREASE IN EXCISE TAXES ON TOBACCO PRODUCTS. (a) Cigarettes.--Subsection (b) of section 5701 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$12 per thousand ($10 per thousand on cigarettes removed during 1991 or 1992)'' in paragraph (1) and inserting ``$49.50 per thousand'', and (2) by striking ``$25.20 per thousand ($21 per thousand on cigarettes removed during 1991 or 1992)'' in paragraph (2) and inserting ``$103.95 per thousand''. (b) Cigars.--Subsection (a) of section 5701 of such Code is amended-- (1) by striking ``$1.125 cents per thousand (93.75 cents per thousand on cigars removed during 1991 or 1992)'' in paragraph (1) and inserting ``$38.62\\1/2\\ per thousand'', and (2) by striking ``equal to'' and all that follows in paragraph (2) and inserting ``equal to 52.594 percent of the price for which sold but not more than $123.75 per thousand.''. (c) Cigarette Papers.--Subsection (c) of section 5701 of such Code is amended by striking ``0.75 cent (0.625 cent on cigarette papers removed during 1991 or 1992)'' and inserting ``3.09 cents''. (d) Cigarette Tubes.--Subsection (d) of section 5701 of such Code is amended by striking ``1.5 cents (1.25 cents on cigarette tubes removed during 1991 or 1992)'' and inserting ``6.19 cents''. (e) Smokeless Tobacco.--Subsection (e) of section 5701 of such Code is amended-- (1) by striking ``36 cents (30 cents on snuff removed during 1991 or 1992)'' in paragraph (1) and inserting ``$12.86'', and (2) by striking ``12 cents (10 cents on chewing tobacco removed during 1991 or 1992)'' in paragraph (2) and inserting ``$12.62''. (f) Pipe Tobacco.--Subsection (f) of section 5701 of such Code is amended by striking ``67.5 cents (56.25 cents on pipe tobacco removed during 1991 or 1992)'' and inserting ``$13.17\\1/2\\''. (g) Effective Date.--The amendments made by this section shall apply to articles removed (as defined in section 5702(k) of the Internal Revenue Code of 1986) after December 31, 1996. TITLE IV--TAX DEDUCTIBILITY OF HEALTH INSURANCE SEC. 401. TAX DEDUCTIBILITY OF HEALTH INSURANCE. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to 80 percent (or 100 percent, in the case of an individual who is a self-employed individual within the meaning of section 401(c)) of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, his spouse, and dependents. ``(b) Limitation Based on Earned Income.--No deduction shall be allowed under subsection (a) to the extent that the amount of such deduction exceeds the sum of-- ``(1) the taxpayer's wages, salaries, tips, and other employee compensation includible in gross income, plus ``(2) the taxpayer's earned income (as defined in section 401(c)(2)). ``(c) Other Coverage.--Subsection (a) shall not apply to any taxpayer for any calendar month for which the taxpayer is eligible to participate in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer. ``(d) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a). ``(2) Deduction not allowed for self-employment tax purposes.--The deduction allowable by reason of this section shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.'' (b) Conforming Amendments.-- (1) Subsection (l) of section 162 of such Code is hereby repealed. (2) Subsection (a) of section 62 of such Code is amended by inserting after paragraph (15) the following new item: ``(16) Health insurance costs.--The deduction allowed by section 220.'' (3) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 220. Health insurance costs. ``Sec. 221. Cross reference.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.", "summary": "TABLE OF CONTENTS: Title I: Federal Payments to States Title II: Requirements for Comprehensive Health Plans Title III: Financing Mechanisms Title IV: Tax Deductibility of Health Insurance American Health Security Partnership Act of 1995 - Title I: Federal Payments to States - Mandates payments to States for comprehensive health insurance plans certified under title II of this Act. Title II: Requirements for Comprehensive Health Plans - Requires each State to submit (by July 1999) and operate (by 2000) a comprehensive health insurance plan designed to be administered by the State and having at least: (1) coverage for all individuals in the State; (2) benefits comparable to that available under the Federal Employees Health Benefits Program (deeming coverage under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to meet this requirement); (3) home- and community-based care when medically appropriate; (4) community premium rating; (5) payment by the State of supplemental amounts to ensure that all individuals may obtain coverage at reasonable rates; (6) quality control mechanisms; and (7) premium control and cost control mechanisms. (Sec. 203) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to exempt from ERISA State laws conforming to or reflecting a plan certified under this Act. (Sec. 204) Amends title XIX (Medicaid) of the Social Security Act to condition Medicaid payments to a State on the State having a certified plan in effect by the deadline. (Sec. 205) Modifies the method for determining the amount of the \"community spouse resource allowance\" for Medicaid provisions relating to transferring resources to a community spouse. Title III: Financing Mechanisms - Amends the Internal Revenue Code (IRC) to increase the highest corporate income tax rate. (Sec. 302) Amends Medicaid provisions to reduce the maximum Federal medical assistance percentage. (Sec. 303) Amends the IRC to increase the tax rate on tobacco and related products. Title IV: Tax Deductibility of Health Insurance - Allows a tax deduction for insurance that constitutes medical care."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Flu Protection Act of 2005''. TITLE I--FLU VACCINE AWARENESS CAMPAIGN SEC. 101. AWARENESS CAMPAIGN AND EDUCATION AND OUTREACH EFFORTS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. AWARENESS CAMPAIGN AND EDUCATION AND OUTREACH EFFORTS. ``(a) Campaign.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the `Director'), shall conduct a public awareness campaign and education and outreach efforts each year during the time period preceding the influenza season on each of the following: ``(1) The importance of receiving the influenza vaccine. ``(2) Which populations the Director recommends to receive the influenza vaccine to prevent health complications associated with influenza, including health care workers and household contacts. ``(3) Professional medical education of physicians, nurses, pharmacists, and other health care providers and such providers' associated organizations. ``(4) Information that emphasizes the safety and benefit of recommended vaccines for the public good. ``(b) Outreach to Medicare Recipients.-- ``(1) In general.--The Administrator of the Centers for Medicare & Medicaid Services shall, at the earliest possible time in the influenza vaccine planning and production process, reach out to providers of medicare services, including managed care providers, nursing homes, hospitals, and physician offices to urge early and full preordering of the influenza vaccine so that production levels can accommodate the needs for the influenza vaccine. ``(2) Rates of immunization among medicare recipients.--The Director shall work with the Administrator of the Centers for Medicare & Medicaid Services to publish the rates of influenza immunization among individuals receiving assistance under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). ``(c) State and Public Health Adult Immunization Activities.--The Director shall support the development of State adult immunization programs that place emphasis on improving influenza vaccine delivery to high-risk populations and the general population, including the exploration of improving access to the influenza vaccine. ``(d) Efficacy of Vaccine.--The Director shall work with appropriate agencies in conducting a study to assess the efficacy of the influenza vaccine. ``(e) Existing Modes of Communication.--In carrying out the public awareness campaign and education and outreach efforts under subsections (a) and (b), the Director may use existing websites or structures for communication. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2005 through 2009.''. TITLE II--ENCOURAGING VACCINE PRODUCTION CAPACITY SEC. 201. INCENTIVES FOR THE CONSTRUCTION OF VACCINE MANUFACTURING FACILITIES. (a) Vaccine Manufacturing Facilities Investment Tax Credit.-- (1) Allowance of credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the vaccine manufacturing facilities investment credit.''. (2) Amount of credit.--Subpart E of part IV of subchapter A of chapter 1 of such Code (relating to rules for computing investment credit) is amended by inserting after section 48 the following new section: ``SEC. 48A. VACCINE MANUFACTURING FACILITIES CREDIT. ``(a) In General.--For purposes of section 46, the vaccine manufacturing facilities investment credit for any taxable year is an amount equal to 20 percent of the qualified investment for such taxable year. ``(b) Qualified Investment.-- ``(1) In general.--For purposes of subsection (a), the qualified investment for any taxable year is the basis of each vaccine manufacturing facilities property placed in service by the taxpayer during such taxable year. ``(2) Vaccine manufacturing facilities property.--For purposes of this section, the term `vaccine manufacturing facilities property' means real and tangible personal property-- ``(A)(i) the original use of which commences with the taxpayer, or ``(ii) which is acquired through purchase (as defined by section 179(d)(2)), ``(B) which is depreciable under section 167, ``(C) which is used for the manufacture, distribution, or research and development of vaccines, and ``(D) which is in compliance with any standards and regulations which are promulgated by the Food and Drug Administration, the Occupational Safety and Health Administration, or the Environmental Protection Agency and which are applicable to such property. ``(c) Certain Progress Expenditure Rules Made Applicable.--Rules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(d) Termination.--This subsection shall not apply to any property placed in service after December 31, 2009.''. (b) Technical Amendments.-- (1) Clause (iii) of section 49(a)(1)(C) of such Code is amended to read as follows: ``(iii) the basis of any vaccine manufacturing facilities property.''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48A(c)'' before the period. (3) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48 the following: ``48A. Vaccine manufacturing facilities credit.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2004, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of enactment of the Revenue Reconciliation Act of 1990). TITLE III--ENSURING SUFFICIENT FLU VACCINE SUPPLY SEC. 301. VACCINE SUPPLY. Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et seq.) is amended by adding at the end the following: ``Subtitle 3--Influenza Vaccine ``vaccine supply ``Sec. 2141. (a) Requests for More Doses.-- ``(1) In general.--Not later than March 15 of each year, the Secretary shall enter into contracts with manufacturers to produce such additional doses of the influenza vaccine as determined necessary by the Secretary. ``(2) Content of contract.--A contract for additional doses shall provide that the manufacturer will be compensated by the Secretary at an equitable rate negotiated by the Secretary and the manufacturer for any doses that-- ``(A) were not sold by the manufacturer through routine market mechanisms at the end of the influenza season for that year; and ``(B) were requested by the Secretary to be produced by such manufacturer. ``(3) When such vaccine purchases should take place.--The Secretary may purchase from the manufacturer the doses for which it has contracted at any time after which it is determined by the Secretary, in consultation with the manufacturer, that the doses will likely not be absorbed by the private market. ``(b) Contingency Plan.--The Secretary shall encourage States to develop a contingency plan, in coordination with the Department of Health and Human Services, for maximizing influenza immunization for high-risk populations in the event of a delay or shortage of the influenza vaccine. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''. TITLE IV--PREPARING FOR A PANDEMIC OR EPIDEMIC SEC. 401. PREPARATION FOR INFLUENZA PANDEMIC OR EPIDEMIC. Subtitle 3 of title XXI of the Public Health Service Act, as added by section 301, is amended by adding at the end the following: ``preparation for influenza pandemic or epidemic ``Sec. 2142. (a) Establishment of a Protocol.--The Secretary, acting through the Director of the National Vaccine Program (referred to in this section as the `Director of the Program'), shall continue progress on the pandemic preparedness plan and, in consultation with the Director of the Centers for Disease Control and Prevention, establish a protocol to attempt to prevent, prepare for, and respond to an influenza pandemic or epidemic. Such protocol shall be updated as determined appropriate by the Director of the Program. ``(b) Contents of Protocol.--The protocol established under subsection (a) shall-- ``(1) improve upon the current influenza vaccines and production and dissemination methods; and ``(2) address-- ``(A) methods to coordinate dissemination of the influenza vaccine to key populations in the event of an influenza pandemic or epidemic; ``(B) expansion of influenza vaccine manufacturing capacity (including making advance arrangements for ensuring the availability of raw materials) to respond to the needs of the United States during an influenza pandemic or epidemic; ``(C) alternative ways to manufacture or produce the influenza vaccine; ``(D) alternative methods to prevent the spread of, and complications associated with, influenza, including antiviral medications; ``(E) vaccine manufacturing capacity, production, and dissemination to improve preparedness for immediate pandemic threats, which may include avian influenza; ``(F) a tracking method for publicly and privately sold doses of the influenza vaccine to enable the Director of the Program to determine, after consultation with manufacturers of the influenza vaccine, how much supply is in circulation in the case of an influenza pandemic or epidemic; and ``(G) other issues determined by the Director of the Program to be appropriate. ``(c) Coordination; Preparation; Prevention.--In establishing the protocol under subsection (a), the Director of the Program shall-- ``(1) coordinate with health care providers, manufacturers, research institutions, health care organizations, and other expert stakeholders; ``(2) continue building international and national surveillance capacity; ``(3) continue to engage in epidemiological studies and research on novel influenza viruses; and ``(4) assist States with preparedness activities for a rapid State and local response to an influenza pandemic, including exploring methods of making the influenza vaccine more accessible to the general population. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2005 through 2009.''.", "summary": "Flu Protection Act of 2005 - Amends the Public Health Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct, annually, a public influenza awareness campaign and education and outreach efforts preceding the flu season. Requires the Administrator of the Centers for Medicare & Medicaid Services to urge early and full preordering of the influenza vaccine by Medicare providers. Requires the Director to: (1) work with the Administrator to publish influenza immunization rates among Medicare recipients; (2) support the development of State adult immunization programs that emphasize improving influenza vaccine delivery to high-risk populations and the general population; and (3) work with appropriate agencies to assess the efficacy of the influenza vaccine. Amends the Internal Revenue Code to establish a vaccine manufacturing facilities investment tax credit (20 percent of qualifying property per year) for property placed in service by December 31, 2009. Requires the Secretary to: (1) enter into contracts with manufacturers to produce additional necessary doses of the influenza vaccine; and (2) encourage States to develop a contingency plan for maximizing influenza immunization for high-risk populations in the event of a delay or shortage of the vaccine. Requires the Secretary, acting through the Director of the National Vaccine Program, to establish a protocol to prevent, prepare for, and respond to an influenza pandemic or epidemic."}
{"article": "SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Opal Creek Forest Preserve Act of 1994''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purpose. Sec. 3. Definitions. Sec. 4. Opal Creek Forest Preserve. Sec. 5. Administration of the Preserve. Sec. 6. Prohibitions regarding the management of the Preserve. Sec. 7. Access to and acquisition of non-Federal land. Sec. 8. Authority of the Secretary and responsible parties to conduct environmental response actions or pursue liability. Sec. 9. Grandfather clause. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Old-growth forests are unique ecosystems that serve as critical habitat for hundreds of vertebrate and invertebrate animals, plants, and fungi. (2) Old-growth forests provide clean and plentiful water and support streams and rivers containing runs of anadromous and resident cold water fish, which are wholly dependent on high quantity and quality water for migration, spawning, rearing, and cover. (3) The high quantity and quality of water in streams and rivers in old-growth forests can only be maintained by protecting the watersheds of these streams and rivers. (4) Old-growth forests provide unique and outstanding opportunities for educational study, scientific research, and recreation. (5) The establishment of a watershed and forest preserve to protect areas of old-growth forests and surface waters can contribute significantly to the quality of life for the residents of the State of Oregon through education, recreation, and a protected water supply. (6) The area known as the Opal Creek Forest, located on the upper Little North Fork of the Santiam River in the State of Oregon, contains one of the largest remaining intact old-growth forest ecosystems in the Western Oregon Cascades. Although the landscape mosaic in the Opal Creek Forest may reflect some past logging, young stands of trees in the area mainly owe their existence to natural disturbances, chiefly wildfire. (7) The Opal Creek Forest contains outstanding geological and botanical features and contains attributes of historic and prehistoric importance. (8) The recreational use of the Opal Creek Forest, typically in the form of hiking, sightseeing, and the general enjoyment of the outdoor environment, is significant and likely to increase. (9) It is desirable to limit the human-related disturbances and development of the Opal Creek Forest in order to protect fully the special features of the forest and maintain the full potential of its watershed for scientific, educational, and research purposes. (10) Preservation of the Opal Creek Forest provides outstanding opportunities for scientists to conduct research regarding old-growth forests and for educators to provide scientifically credible information to the public. (b) Purposes.--The purposes of this Act are-- (1) to protect and preserve the forests and watersheds contained in the Opal Creek Forest Preserve; (2) consistent with paragraph (1), to promote and conduct-- (A) research in the Preserve regarding old-growth forests in a manner that does not include the harvesting of timber or otherwise damage the ecosystem; and (B) educational programs in the Preserve on old- growth forests and cultural and historic resources in the Preserve; and (3) consistent with paragraphs (1) and (2), to permit and regulate recreation in the Preserve. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Preserve.--The term ``Preserve'' means the Opal Creek Forest Preserve established in section 4(a). (2) Management plan.--The term ``management plan'' means the management plan for the Preserve developed pursuant to section 5(b). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. OPAL CREEK FOREST PRESERVE. (a) Establishment of Preserve.--There is hereby established the Opal Creek Forest Preserve in order to protect and preserve the forests and watersheds in the Preserve and to promote the research, educational, and recreational purposes of this Act. (b) Description of Preserve.--The Preserve shall consist of those Federal lands located in the Willamette and Mt. Hood National Forests in the State of Oregon that are generally depicted on the map dated August 1994, and entitled the ``Opal Creek Preserve Area''. The Preserve shall also include such lands as may be added under section 7 of this Act. The map referred to in this subsection shall be kept on file and made available for public inspection in the Office of the Chief of the Forest Service, United States Department of Agriculture. SEC. 5. ADMINISTRATION OF THE PRESERVE. (a) In General.--The Secretary shall administer the Preserve in accordance with this Act and with the laws, rules, and regulations applicable to National Forest System lands in a manner that will further the purposes of this Act. (b) Management Plan.--The Secretary shall prepare a comprehensive management plan for the Preserve to achieve the purposes of this Act. The management plan shall be considered to be a nonsignificant amendment to the Willamette and Mt. Hood Forest Land and Resource Management Plans. The management plan shall be prepared with public involvement which shall include consultation with interested individuals and organizations. The Secretary may enter into memoranda of understanding with interested parties to accomplish the purposes of this Act. The management plan shall include analysis and direction on the use of campfires within the Preserve. (c) Protection of Cultural and Historic Resources.--Not later than one year after the date of the enactment of this Act, the Secretary shall review and revise the inventory of the cultural and historic resources in the area covered by the Preserve, which was originally developed pursuant to the Oregon Wilderness Act of 1984 (Public Law 98- 328; 16 U.S.C. 1131 note). The Secretary shall submit a report to Congress describing the results of the review of such inventory. (d) Applicability of Mining, Mineral Leasing, and Disposal Laws.-- (1) Restriction.--After the date of the enactment of this Act-- (A) lands within the Preserve shall not be open to the location of mining claims and mill and tunnel sites under the general mining laws of the United States; (B) the Secretary shall not issue any lease under the Mineral Leasing Act (30 U.S.C. 181 and following) or the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following) for lands within the Preserve; and (C) lands within the Preserve shall not be available for disposal of mineral materials under the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following). (2) Acquired lands.--The restriction provided by paragraph (1) shall also apply to any Federal lands added to the Preserve after the date of the enactment of this Act, except that the restriction shall apply to such lands only upon addition to the Preserve. (e) Private Inholdings.--The Secretary may cooperate with, and provide technical assistance to, private landowners, organizations, and other entities holding private lands within the boundaries of the Preserve to promote the use and management of such lands in a manner consistent with the purposes of this Act. SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF THE PRESERVE. (a) Prohibition on Logging or Other Timber Harvesting.-- (1) Prohibition.--Except as provided in paragraph (2), the cutting of trees in the Preserve is prohibited. (2) Exceptions.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the cutting of specific trees in the Preserve is necessary-- (A) for public safety, such as to control the spread of a forest fire in the Preserve or on lands adjacent to the Preserve; or (B) for administrative use related to activities permitted in the Preserve. (3) Limitation on exception.--The cutting of trees authorized under paragraph (2) may not include salvage sales or harvests of commercial quantities of timber in the Preserve. (4) Collection of downed wood.--The collection of downed wood for firewood by permit may be allowed in a manner consistent with the purposes of this Act. (b) Prohibition on Off Road Motorized Travel.-- (1) Prohibition.--Except as provided in paragraph (2) and subject to valid existing rights, the use of motor vehicles off or outside of the established roadbed of roads in the Preserve is prohibited. (2) Exception.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the use of a motor vehicle off or outside of the established roadbed of a road in the Preserve is necessary for administrative purposes or to respond to an emergency. (c) Prohibition on Use of Certain Roads.-- (1) Prohibition.--Except as provided in paragraph (2) and subject to valid existing rights, the use of motor vehicles is prohibited on the following roads located in the Preserve: (A) Forest road 2209 from the gate in existence on the date of the enactment of this Act eastward to the intersection of the road with the wilderness boundary. (B) Forest roads 290 and 330, which are spur roads to the road described in subparagraph (A). (2) Exceptions.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the use of the roads described in such paragraph is necessary for administrative purposes or to respond to an emergency. (3) Rule of construction.--Nothing in this subsection shall be construed to prohibit inholders and claim holders of valid mining claims from using the roads described in paragraph (1) for ingress and egress to their inholdings or valid mining claims, subject to such reasonable terms and conditions, consistent with the purposes of this Act, as the Secretary may prescribe. Nothing in this subsection shall be construed to prohibit motor vehicle traffic on other roads established in the Preserve, in particular those forest roads providing access for claim holders of valid mining claims for the use of lands in the Preserve or within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. (d) Prohibition on Road Construction.-- (1) Prohibition.--Except as provided in paragraph (2) and subsection (e), and subject to valid existing rights, the construction of new roads is prohibited in the Preserve. (2) Exceptions.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the construction of new roads, or the improvement of existing roads, in the Preserve is necessary to accomplish the purposes of this Act or to provide access to inholdings or for claim holders of valid mining claims for the use of lands in the Preserve or within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. The Secretary may maintain or improve roads in the Preserve to the extent the Secretary determines that such maintenance or improvements are necessary to accomplish the purposes of this Act, to provide for the protection of the natural resources of the Preserve, to provide for public safety, or to ensure access for inholders and claims holders of valid mining claims for the use of lands in the Preserve or within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. (3) Limitation on exception.--The construction or improvement of roads in the Preserve pursuant to paragraph (2) or subsection (e) may not include paving or any work beyond 50 feet on either side of the centerline of the road bed. (e) Utilities and Accompanying Road.--In compliance with applicable laws and the Willamette National Forest Land and Resource Management Plan, the Secretary may allow the installation and maintenance of power lines and water lines (and an accompanying service road) through the Preserve to serve authorized activities conducted on land within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. SEC. 7. ACCESS TO AND ACQUISITION OF NON-FEDERAL LAND. (a) Inventory and Acquisition of Non-Federal Lands.--The Secretary shall conduct an inventory of all non-Federal lands and interests in lands within the boundaries of the Preserve. The Secretary may acquire such inventoried lands (or interests in such lands) for inclusion in the Preserve. The Secretary may not acquire, for inclusion in the Preserve, any lands or interests in lands within the boundaries of the Preserve without the consent of the owner, unless the Secretary determines that the land is being developed or managed (or is proposed to be developed or managed) in a manner inconsistent with the purposes of this Act. Nothing in this Act may be construed to prevent the Secretary from increasing the size of the Preserve. (b) Special Rule for Santiam No. 1 Lode Mining Claim.-- Notwithstanding subsection (a), the parcel of real property located within the boundaries of the Preserve that is known as the Santiam No. 1 lode mining claim and identified in section 8140 of the Department of Defense Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1213), may be acquired by the Secretary only-- (1) by purchase for an amount equal to not more than the sum of-- (A) the amount that the original patentee of the parcel paid for the parcel; and (B) the cost of any improvements made to the parcel by the patentee; or (2) by donation. (c) Rights-of-Way.--Nothing in this section shall be construed to affect the authority of the Secretary to acquire road and trail rights- of-way on lands in the Preserve under existing authorities. (d) Access and Utilities to Inholdings.-- (1) In general.--In the case of private inholdings located within the boundaries of the Preserve, the Secretary shall authorize the use of Federal land in the Preserve by the holder of the inholding to assure adequate access to the inholding under applicable law. (2) Jawbone flats.--With respect to the inholding known as the Jawbone Flats area, the Secretary shall authorize the use of Federal land in the Preserve by the owners of the inholding to provide for access and utilities for a facility in the inholding if the Secretary determines that the facility (and use of the facility) is consistent with the purposes of this Act. (3) Terms and conditions.--The use of Federal land in the Preserve under this subsection shall be subject to such reasonable terms and conditions, consistent with the purposes of this Act, as the Secretary may prescribe. SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE PARTIES TO CONDUCT ENVIRONMENTAL RESPONSE ACTIONS OR PURSUE LIABILITY. (a) Remediation Activities.--Nothing in this Act shall be construed to limit the authority of the Secretary or a responsible party to conduct environmental remediation activities in the Preserve in connection with the release, threatened release, or clean up of any hazardous substance or pollutant or contaminant, including response actions conducted pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (b) Liability.--Nothing in this Act shall be construed to limit the authority of the Secretary or a responsible party to address questions of liability related to the release, threatened release, or clean up of any hazardous substance or pollutant or contaminant in the Preserve. SEC. 9. GRANDFATHER CLAUSE. Nothing in this Act shall be construed to affect the operation of any timber sale contract entered into, or interfere with any activity for which a special use permit has been issued (and not revoked), before the date of the enactment of this Act, subject to the terms of the contract or permit. Passed the House of Representatives August 8, 1994. Attest: DONNALD K. ANDERSON, Clerk.", "summary": "Opal Creek Forest Preserve Act of 1994 - Establishes the Opal Creek Forest Preserve consisting of Federal lands in the Willamette and Mt. Hood National Forests, Oregon. Directs the Secretary of Agriculture to prepare a Preserve management plan. Prohibits, with specified exceptions: (1) mining, mineral, and geothermal leasing or dispositions; (2) logging or other timber harvesting; (3) off road motorized travel; and (4) road construction and the use of specified existing roads. Authorizes the Secretary to acquire private lands within the Preserve."}
{"article": "SECTION. 1. SHORT TITLE. This Act may be cited as the ``Immigrant Labor Policy Review Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The unemployment rate in the United States is at a record low. (2) Many industries in the United States, including agriculture, tourism, construction, nursing, information technology, and other portions of the service sector, are experiencing labor shortages. (3) The inability to secure sufficient workers is having a detrimental impact on the economy of the United States and the standard of living for all people in the United States. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the High Level Commission on Immigrant Labor Policy (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTIES. (a) In General.--The Commission shall study the interactions between Federal immigration policy and the labor markets for aliens in the United States, including the following subjects: (1) The adequacy of the supply of labor in the United States and whether this supply needs to be further supplemented with alien workers. (2) The extent to which employers in the United States rely upon the employment of a temporary workforce. (3) The economic impact and desirability of maintaining statutory caps on nonimmigrant workers. (4) The extent to which employers in the United States rely upon the employment of a workforce that includes or consists of aliens who unlawfully enter or remain in the United States. (5) The extent of unemployment and underemployment of workers who are United States citizens or aliens lawfully admitted to the United States for permanent residence. (6) The effectiveness of United States labor policies in stopping the flow into the United States of illegal immigrants. (7) Any other subject necessary to permit the Commission to prepare the reports required under section 8. (b) Consultation.--In conducting the study, the Commission shall consult with migrant labor groups, nonprofit organizations, labor unions, pertinent business and agriculture associations and organizations, State Governors, law enforcement associations and organizations, and relevant executive branch agencies and congressional committees. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall consist of 12 members, to be appointed as follows: (1) 6 to be appointed by the President. (2) 3 to be appointed by the Speaker of the House of Representatives. (3) 3 to be appointed by the President pro tempore of the Senate. (b) Consultations.--In making appointments under subsection (a)(1), the President shall consult with-- (1) the Attorney General in appointing 1 member; (2) the Chairman of the Federal Reserve Board in appointing 1 member; (3) the Secretary of Commerce in appointing 2 members; and (4) the Secretary of Agriculture in appointing 2 members. (c) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Chairperson.--The Chairman of the Federal Reserve Board (or the Chairman of the Federal Reserve Board's designee) shall serve as the chairperson of the Commission until such time as the members of the Commission can elect a chairperson. (f) Basic Pay.--Each member shall serve without pay. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--A majority of the members shall constitute a quorum for the transaction of business. (h) Meetings.--The Commission shall meet at the call of the chairperson. SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a director who shall be appointed by the chairperson subject to rules prescribed by the Commission. (b) Staff.--Subject to rules prescribed by the Commission, the chairperson may appoint and fix the pay of such additional personnel as the chairperson considers appropriate. (c) Applicability of Certain Civil Service Laws.--The director and staff of the Commission may be appointed without regard to title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the requirements of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (d) Experts and Consultants.--The chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (e) Staff of Federal Agencies.--Upon request of the chairperson, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out its duties. SEC. 7. POWERS. (a) Obtaining Official Data.--The chairperson may secure directly from any Federal agency information necessary to enable the Commission to carry out its duties. Upon request of the chairperson, the head of the agency shall furnish such information to the Commission to the extent such information is not prohibited from disclosure by law. (b) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (c) Administrative Support Services.--Upon the request of the chairperson, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties. (d) Contract Authority.--The chairperson may contract with and compensate government and private agencies or persons for the purpose of conducting research, surveys, and other services necessary to enable the Commission to carry out its duties. SEC. 8. REPORTS. (a) Interim Report.--Not later than 6 months after the date of the enactment of this Act, the Commission shall prepare and submit to the President and the Congress an interim report on the following: (1) The overall effectiveness of Federal immigration and labor laws and policies in-- (A) protecting jobs held by citizens and nationals of the United States, aliens who are lawfully admitted to the United States for permanent residence, aliens who are admitted as refugees or are granted asylum, and other immigrants otherwise authorized to be employed in the United States; (B) preventing exploitation of alien immigrant and nonimmigrant workers; (C) reducing the number of illegal border crossings into the United States; and (D) reducing the numbers of aliens unlawfully employed in the United States. (2) The impact of statutory numerical limitations on the entry of immigrants and nonimmigrants into the United States on the achievement of the goals described in subparagraphs (A) through (D) of paragraph (1). (3) The impact of recent measures undertaken in border areas to deter illegal border crossings on the achievement of such goals. (4) The impact of Federal alien labor laws and policies on the overall economic performance within the United States and economic performance within the following sectors: (A) Agriculture. (B) Tourism and service. (C) Construction. (D) Nursing and health care. (E) Apparel. (F) Information technology. (b) Final Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall prepare and submit to the President and the Congress a final report that contains at least the following: (1) Information that updates the findings reported in the interim report on each of the issues described in paragraphs (1) through (4) of subsection (a). (2) Recommendations for actions that the Commission considers necessary-- (A) to curb illegal border crossings into the United States; (B) to curb unlawful employment of aliens in the United States; (C) to ensure adequate protection of the workers described in subsection (a)(1)(A); and (D) to ensure a stable and steady workforce for industry in the United States. (3) The viability of expanding the agricultural guest worker program established under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) and section 218 of such Act (8 U.S.C. 1188) to any or all of the following United States industries: (A) Tourism and service. (B) Construction. (C) Nursing and health care. (D) Apparel. (E) Information technology. (4) Recommendations for any additional actions that the Commission determines would improve Federal immigration or labor laws or policies. (5) Any other related information that the Commission considers to be appropriate. SEC. 9. TERMINATION. The Commission shall terminate 6 months after the date on which the Commission submits its final report under section 8(b). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, which sums shall remain available until expended.", "summary": "Terminates the Commission six months after submission of its final report. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Reliability Act of 2004''. SEC. 2. ELECTRIC RELIABILITY STANDARDS. (a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 215. ELECTRIC RELIABILITY. ``(a) Definitions.--For purposes of this section: ``(1) The term `bulk-power system' means-- ``(A) facilities and control systems necessary for operating an interconnected electric energy transmission network (or any portion thereof); and ``(B) electric energy from generation facilities needed to maintain transmission system reliability. The term does not include facilities used in the local distribution of electric energy. ``(2) The terms `Electric Reliability Organization' and `ERO' mean the organization certified by the Commission under subsection (c) the purpose of which is to establish and enforce reliability standards for the bulk-power system, subject to Commission review. ``(3) The term `reliability standard' means a requirement, approved by the Commission under this section, to provide for reliable operation of the bulk-power system. The term includes requirements for the operation of existing bulk-power system facilities and the design of planned additions or modifications to such facilities to the extent necessary to provide for reliable operation of the bulk-power system, but the term does not include any requirement to enlarge such facilities or to construct new transmission capacity or generation capacity. ``(4) The term `reliable operation' means operating the elements of the bulk-power system within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of such system will not occur as a result of a sudden disturbance or unanticipated failure of system elements. ``(5) The term `Interconnection' means a geographic area in which the operation of bulk-power system components is synchronized such that the failure of 1 or more of such components may adversely affect the ability of the operators of other components within the system to maintain reliable operation of the facilities within their control. ``(6) The term `transmission organization' means a Regional Transmission Organization, Independent System Operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities. ``(7) The term `regional entity' means an entity having enforcement authority pursuant to subsection (e)(4). ``(b) Jurisdiction and Applicability.--(1) The Commission shall have jurisdiction, within the United States, over the ERO certified by the Commission under subsection (c), any regional entities, and all users, owners and operators of the bulk-power system, including but not limited to the entities described in section 201(f), for purposes of approving reliability standards established under this section and enforcing compliance with this section. All users, owners and operators of the bulk-power system shall comply with reliability standards that take effect under this section. ``(2) The Commission shall issue a final rule to implement the requirements of this section not later than 180 days after the date of enactment of this section. ``(c) Certification.--Following the issuance of a Commission rule under subsection (b)(2), any person may submit an application to the Commission for certification as the Electric Reliability Organization. The Commission may certify 1 such ERO if the Commission determines that such ERO-- ``(1) has the ability to develop and enforce, subject to subsection (e)(2), reliability standards that provide for an adequate level of reliability of the bulk-power system; and ``(2) has established rules that-- ``(A) assure its independence of the users and owners and operators of the bulk-power system, while assuring fair stakeholder representation in the selection of its directors and balanced decisionmaking in any ERO committee or subordinate organizational structure; ``(B) allocate equitably reasonable dues, fees, and other charges among end users for all activities under this section; ``(C) provide fair and impartial procedures for enforcement of reliability standards through the imposition of penalties in accordance with subsection (e) (including limitations on activities, functions, or operations, or other appropriate sanctions); ``(D) provide for reasonable notice and opportunity for public comment, due process, openness, and balance of interests in developing reliability standards and otherwise exercising its duties; and ``(E) provide for taking, after certification, appropriate steps to gain recognition in Canada and Mexico. ``(d) Reliability Standards.--(1) The Electric Reliability Organization shall file each reliability standard or modification to a reliability standard that it proposes to be made effective under this section with the Commission. ``(2) The Commission may approve, by rule or order, a proposed reliability standard or modification to a reliability standard if it determines that the standard is just, reasonable, not unduly discriminatory or preferential, and in the public interest. The Commission shall give due weight to the technical expertise of the Electric Reliability Organization with respect to the content of a proposed standard or modification to a reliability standard and to the technical expertise of a regional entity organized on an Interconnection-wide basis with respect to a reliability standard to be applicable within that Interconnection, but shall not defer with respect to the effect of a standard on competition. A proposed standard or modification shall take effect upon approval by the Commission. ``(3) The Electric Reliability Organization shall rebuttably presume that a proposal from a regional entity organized on an Interconnection-wide basis for a reliability standard or modification to a reliability standard to be applicable on an Interconnection-wide basis is just, reasonable, and not unduly discriminatory or preferential, and in the public interest. ``(4) The Commission shall remand to the Electric Reliability Organization for further consideration a proposed reliability standard or a modification to a reliability standard that the Commission disapproves in whole or in part. ``(5) The Commission, upon its own motion or upon complaint, may order the Electric Reliability Organization to submit to the Commission a proposed reliability standard or a modification to a reliability standard that addresses a specific matter if the Commission considers such a new or modified reliability standard appropriate to carry out this section. ``(6) The final rule adopted under subsection (b)(2) shall include fair processes for the identification and timely resolution of any conflict between a reliability standard and any function, rule, order, tariff, rate schedule, or agreement accepted, approved, or ordered by the Commission applicable to a transmission organization. Such transmission organization shall continue to comply with such function, rule, order, tariff, rate schedule or agreement accepted approved, or ordered by the Commission until-- ``(A) the Commission finds a conflict exists between a reliability standard and any such provision; ``(B) the Commission orders a change to such provision pursuant to section 206 of this part; and ``(C) the ordered change becomes effective under this part. If the Commission determines that a reliability standard needs to be changed as a result of such a conflict, it shall order the ERO to develop and file with the Commission a modified reliability standard under paragraph (4) or (5) of this subsection. ``(e) Enforcement.--(1) The ERO may impose, subject to paragraph (2), a penalty on a user or owner or operator of the bulk-power system for a violation of a reliability standard approved by the Commission under subsection (d) if the ERO, after notice and an opportunity for a hearing-- ``(A) finds that the user or owner or operator has violated a reliability standard approved by the Commission under subsection (d); and ``(B) files notice and the record of the proceeding with the Commission. ``(2) A penalty imposed under paragraph (1) may take effect not earlier than the 31st day after the ERO files with the Commission notice of the penalty and the record of proceedings. Such penalty shall be subject to review by the Commission, on its own motion or upon application by the user, owner or operator that is the subject of the penalty filed within 30 days after the date such notice is filed with the Commission. Application to the Commission for review, or the initiation of review by the Commission on its own motion, shall not operate as a stay of such penalty unless the Commission otherwise orders upon its own motion or upon application by the user, owner or operator that is the subject of such penalty. In any proceeding to review a penalty imposed under paragraph (1), the Commission, after notice and opportunity for hearing (which hearing may consist solely of the record before the ERO and opportunity for the presentation of supporting reasons to affirm, modify, or set aside the penalty), shall by order affirm, set aside, reinstate, or modify the penalty, and, if appropriate, remand to the ERO for further proceedings. The Commission shall implement expedited procedures for such hearings. ``(3) On its own motion or upon complaint, the Commission may order compliance with a reliability standard and may impose a penalty against a user or owner or operator of the bulk-power system if the Commission finds, after notice and opportunity for a hearing, that the user or owner or operator of the bulk-power system has engaged or is about to engage in any acts or practices that constitute or will constitute a violation of a reliability standard. ``(4) The Commission shall issue regulations authorizing the ERO to enter into an agreement to delegate authority to a regional entity for the purpose of proposing reliability standards to the ERO and enforcing reliability standards under paragraph (1) if-- ``(A) the regional entity is governed by-- ``(i) an independent board; ``(ii) a balanced stakeholder board; or ``(iii) a combination independent and balanced stakeholder board. ``(B) the regional entity otherwise satisfies the provisions of subsection (c)(1) and (2); and ``(C) the agreement promotes effective and efficient administration of bulk-power system reliability. The Commission may modify such delegation. The ERO and the Commission shall rebuttably presume that a proposal for delegation to a regional entity organized on an Interconnection-wide basis promotes effective and efficient administration of bulk-power system reliability and should be approved. Such regulation may provide that the Commission may assign the ERO's authority to enforce reliability standards under paragraph (1) directly to a regional entity consistent with the requirements of this paragraph. ``(5) The Commission may take such action as is necessary or appropriate against the ERO or a regional entity to ensure compliance with a reliability standard or any Commission order affecting the ERO or a regional entity. ``(6) Any penalty imposed under this section shall bear a reasonable relation to the seriousness of the violation and shall take into consideration the efforts of such user, owner, or operator to remedy the violation in a timely manner. ``(f) Changes in Electric Reliability Organization Rules.--The Electric Reliability Organization shall file with the Commission for approval any proposed rule or proposed rule change, accompanied by an explanation of its basis and purpose. The Commission, upon its own motion or complaint, may proposed a change to the rules of the ERO. A proposed rule or proposed rule change shall take effect upon a finding by the Commission, after notice and opportunity for comment, that the change is just, reasonable, not unduly discriminatory or preferential, is in the public interest, and satisfies the requirements of subsection (c). ``(g) Reliability Reports.--The ERO shall conduct periodic assessments of the reliability and adequacy of the bulk-power system in North America. ``(h) Coordination With Canada and Mexico.--The President is urged to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the effectiveness of the ERO in the United States and Canada or Mexico. ``(i) Savings Provisions.--(1) The ERO shall have authority to develop and enforce compliance with reliability standards for only the bulk-power system. ``(2) This section does not authorize the ERO or the Commission to order the construction of additional generation or transmission capacity or to set and enforce compliance with standards for adequacy or safety of electric facilities or services. ``(3) Nothing in this section shall be construed to preempt any authority of any State to take action to ensure the safety, adequacy, and reliability of electric service within that State, as long as such action is not inconsistent with any reliability standard. ``(4) Within 90 days of the application of the Electric Reliability Organization or other affected party, and after notice and opportunity for comment, the Commission shall issue a final order determining whether a State action is inconsistent with a reliability standard, taking into consideration any recommendation of the ERO. ``(5) The Commission, after consultation with the ERO and the State taking action, may stay the effectiveness of any State action, pending the Commission's issuance of a final order. ``(j) Regional Advisory Bodies.--The Commission shall establish a regional advisory body on the petition of at least \\2/3\\ of the States within a region that have more than \\1/2\\ of their electric load served within the region. A regional advisory body shall be composed of 1 member from each participating State in the region, appointed by the Governor of each State, and may include representatives of agencies, States, and provinces outside the United States. A regional advisory body may provide advice to the Electric Reliability Organization, a regional entity, or the Commission regarding the governance of an existing or proposed regional entity within the same region, whether a standard proposed to apply within the region is just, reasonable, not unduly discriminatory or preferential, and in the public interest, whether fees proposed to be assessed within the region are just, reasonable, not unduly discriminatory or preferential, and in the public interest and any other responsibilities request by the Commission. The Commission may give deference to the advice of any such regional advisory body if that body is organized on an Interconnection- wide basis. ``(k) Alaska and Hawaii.--The provisions of this section do not apply to Alaska or Hawaii.''. (b) Status of ERO.--The Electric Reliability Organization certified by the Federal Energy Regulatory Commission under section 215(c) of the Federal Power Act and any regional entity delegated enforcement authority pursuant to section 215(e)(4) of that Act are not departments, agencies, or instrumentalities of the United States Government.", "summary": "Electric Reliability Act of 2004 - Amends the Federal Power Act to extend Federal Energy Regulatory Commission (FERC) jurisdiction for purposes of approving reliability standards and enforcing compliance with this Act over a FERC-certified electric reliability organization (ERO), a regional entity, and users, owners, and operators of a bulk-power system. Prescribes procedural guidelines for: (1) certification as an ERO; (2) filing of reliability standards; and (3) imposition of penalties by either an ERO or FERC for noncompliance with this Act. Requires an ERO to file with FERC for approval of any proposed rule or rule change. Urges the President to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the efficacy of the ERO in the United States, Canada or Mexico. Requires an ERO to assess periodically the reliability and adequacy of the interconnected bulk-power system in North America. Directs FERC to establish a regional advisory body upon the petition of at least two-thirds of the States within a region that have more than half of their electric loads served within the region. Declares this Act inapplicable to Alaska or Hawaii."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Passenger Disaster Family Assistance Act of 2001''. SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. (a) In General.--Subchapter III of chapter 11 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 1138. Assistance to families of passengers involved in rail passenger accidents ``(a) In General.--As soon as practicable after being notified of a rail passenger accident within the United States involving a rail passenger carrier and resulting in a major loss of life, the Chairman of the National Transportation Safety Board shall-- ``(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and the families; and ``(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident. ``(b) Responsibilities of the Board.--The Board shall have primary Federal responsibility for-- ``(1) facilitating the recovery and identification of fatally injured passengers involved in an accident described in subsection (a); and ``(2) communicating with the families of passengers involved in the accident as to the roles of-- ``(A) the organization designated for an accident under subsection (a)(2); ``(B) Government agencies; and ``(C) the rail passenger carrier involved, with respect to the accident and the post-accident activities. ``(c) Responsibilities of Designated Organization.--The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to the families of passengers involved in the accident: ``(1) To provide mental health and counseling services, in coordination with the disaster response team of the rail passenger carrier involved. ``(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private. ``(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed. ``(4) To arrange a suitable memorial service, in consultation with the families. ``(d) Passenger Lists.-- ``(1) Requests for passenger lists.-- ``(A) Requests by director of family support services.--It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the rail passenger carrier involved in the accident a list, which is based on the best available information at the time of the request, of the names of the passengers that were aboard the rail passenger carrier's train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident. ``(B) Requests by designated organization.--The organization designated for an accident under subsection (a)(2) may request from the rail passenger carrier involved in the accident a list described in subparagraph (A). ``(2) Use of information.--The director of family support services and the organization may not release to any person information on a list obtained under paragraph (1) but may provide information on the list about a passenger to the family of the passenger to the extent that the director of family support services or the organization considers appropriate. ``(e) Continuing Responsibilities of the Board.--In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident-- ``(1) are briefed, prior to any public briefing, about the accident and any other findings from the investigation; and ``(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident. ``(f) Use of Rail Passenger Carrier Resources.--To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the rail passenger carrier involved in the accident to facilitate the reasonable use of the resources of the carrier. ``(g) Prohibited Actions.-- ``(1) Actions to impede the board.--No person (including a State or political subdivision) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of the families of passengers involved in the accident to have contact with one another. ``(2) Unsolicited communications.--No unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation to an individual (other than an employee of the rail passenger carrier) injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident. ``(3) Prohibition on actions to prevent mental health and counseling services.--No State or political subdivision may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing mental health and counseling services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the families and if State and local authorities are notified of the determination. ``(h) Definitions.--In this section, the following definitions apply: ``(1) Rail passenger accident.--The term `rail passenger accident' means any rail passenger disaster occurring in the provision of-- ``(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or ``(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation, regardless of its cause or suspected cause. ``(2) Rail passenger carrier.--The term `rail passenger carrier' means a rail carrier providing-- ``(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or ``(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation, except that such term shall not include a tourist, historic, scenic, or excursion rail carrier. ``(3) Passenger.--The term `passenger' includes-- ``(A) an employee of a rail passenger carrier aboard a train; ``(B) any other person aboard the train without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the rail transportation; and ``(C) any other person injured or killed in the accident. ``(i) Limitation on Statutory Construction.--Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.''. (b) Conforming Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 1137 the following: ``1138. Assistance to families of passengers involved in rail passenger accidents.''. SEC. 3. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. (a) In General.--Part C of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 251--FAMILY ASSISTANCE ``Sec. ``25101. Plans to address needs of families of passengers involved in rail passenger accidents. ``Sec. 25101. Plans to address needs of families of passengers involved in rail passenger accidents ``(a) Submission of Plans.--Not later than 6 months after the date of the enactment of this section, each rail passenger carrier shall submit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving a train of the rail passenger carrier and resulting in a major loss of life. ``(b) Contents of Plans.--A plan to be submitted by a rail passenger carrier under subsection (a) shall include, at a minimum, the following: ``(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers. ``(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under section 1138(a)(2) of this title or the services of other suitably trained individuals. ``(3) An assurance that the notice described in paragraph (2) will be provided to the family of a passenger as soon as the rail passenger carrier has verified that the passenger was aboard the train (whether or not the names of all of the passengers have been verified) and, to the extent practicable, in person. ``(4) An assurance that the rail passenger carrier will provide to the director of family support services designated for the accident under section 1138(a)(1) of this title, and to the organization designated for the accident under section 1138(a)(2) of this title, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for the rail passenger carrier to use reasonable efforts to ascertain the names of passengers aboard a train involved in an accident. ``(5) An assurance that the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the rail passenger carrier. ``(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the rail passenger carrier (regardless of its condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation. ``(7) An assurance that any unclaimed possession of a passenger within the control of the rail passenger carrier will be retained by the rail passenger carrier for at least 18 months. ``(8) An assurance that the family of each passenger or other person killed in the accident will be consulted about construction by the rail passenger carrier of any monument to the passengers, including any inscription on the monument. ``(9) An assurance that the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. ``(10) An assurance that the rail passenger carrier will work with any organization designated under section 1138(a)(2) of this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident. ``(11) An assurance that the rail passenger carrier will provide reasonable compensation to any organization designated under section 1138(a)(2) of this title for services provided by the organization. ``(12) An assurance that the rail passenger carrier will assist the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location. ``(13) An assurance that the rail passenger carrier will commit sufficient resources to carry out the plan. ``(14) An assurance that the rail passenger carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident. ``(15) An assurance that, upon request of the family of a passenger, the rail passenger carrier will inform the family of whether the passenger's name appeared on any preliminary passenger manifest for the train involved in the accident. ``(c) Limitation on Liability.--A rail passenger carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the rail passenger carrier in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to a plan submitted by the rail passenger carrier under subsection (b), unless such liability was caused by conduct of the rail passenger carrier which was grossly negligent or which constituted intentional misconduct. ``(d) Definitions.--In this section-- ``(1) the terms `rail passenger accident' and `rail passenger carrier' have the meanings such terms have in section 1138 of this title; and ``(2) the term `passenger' means a person aboard a rail passenger carrier's train that is involved in a rail passenger accident. ``(e) Limitation on Statutory Construction.--Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.''. (b) Conforming Amendment.--The table of chapters for subtitle V of title 49, United States Code, is amended by adding after the item relating to chapter 249 the following new item: ``251. FAMILY ASSISTANCE................................... 25101''. Passed the House of Representatives February 14, 2001. Attest: JEFF TRANDAHL, Clerk.", "summary": "Rail Passenger Disaster Family Assistance Act of 2001 - Amends Federal transportation law to require the Chairman of the National Transportation Safety Board, as soon as practicable after being notified of a rail passenger accident involving a major loss of life, to: (1) designate and publicize the name and phone number of a Board employee who shall be a director of family support services responsible for acting as a point of contact within the Federal Government for the families of passengers involved in a rail passenger accident, and a liaison between the rail passenger carrier and the families; and (2) designate an independent nonprofit organization (with experience in disasters and post-trauma communication with families) which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in such accidents.Declares it shall be the responsibility of the director of family support services to request, as soon as practicable, from the rail passenger carrier involved in an accident a list of the names of the passengers who were aboard the carrier's train. Authorizes a designated organization also to request such list from such carrier. Prohibits the director of family support services and a designated organization from releasing list information to any person, except that information about a passenger may be provided to the passenger's family to the extent considered appropriate by the director or organization. Requires the Board, in the course of its investigation of an accident, to ensure, to the maximum extent practicable, that the families of passengers involved in the accident are: (1) briefed, prior to any public briefing about the accident and any other findings from the investigation; and (2) individually informed of and allowed to attend any public hearings and meetings of the Board about such accident.Prohibits: (1) a person (including a State or political subdivision) from impeding the ability of the Board (including the director of family support services) or the designated organization to carry out its responsibilities under this Act, or the ability of the families of passengers involved in an accident to have contact with one another; (2) unsolicited communication concerning a potential action for personal injury or wrongful death to be made by an attorney or any potential party to the litigation to an individual (other than an employee of the rail passenger carrier) injured in an accident, or to a relative of an individual involved in such accident, before the 45th day following the date of the accident; and (3) a State or political subdivision from preventing the employees, agents, or volunteers of an organization from providing mental health and counseling services in the 30-day period beginning on the date of an accident.Directs each rail passenger carrier to submit to the Secretary of Transportation and the Chairman of the Board a plan for addressing the needs of the families of passengers involved in a rail passenger accident resulting in a major loss of life. Shields a rail passenger carrier from liability for damages (except for gross negligence or intentional misconduct) in any action brought in a Federal or State court arising out of the carrier's performance in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to the carrier's plan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Warren Weinstein Hostage Rescue Act''. SEC. 2. NATIONAL SECURITY COUNCIL COMMITTEE ON HOSTAGE RECOVERY. (a) Establishment.--Section 101 of the National Security Act of 1947 (50 U.S.C. 3021) is amended by adding at the end the following new subsection: ``(m) Committee on Hostage Recovery.--(1) There is established within the National Security Council a committee to be known as the Committee on Hostage Recovery (in this subsection referred to as the `Committee'). ``(2) The Committee shall consist of the following members (or designees): ``(A) An individual who is appointed by the President to serve as chair of the Committee. ``(B) The Secretary of State. ``(C) The Secretary of the Treasury. ``(D) The Secretary of Defense. ``(E) The Attorney General. ``(F) The Director of the Federal Bureau of Investigation. ``(G) The Director of National Intelligence. ``(H) The Chairman of the Joint Chiefs of Staff. ``(I) The Assistant to the President for National Security Affairs. ``(3) The functions of the Committee shall include-- ``(A) coordinating among the departments and agencies of the Federal Government and coordinating among the United States and the allies of the United States regarding retrieval of United States person hostages; ``(B) coordinating with the Interagency Fusion Cell on Hostage Recovery; ``(C) developing strategies and guidelines for hostage retrieval and analyzing all options and methods of rescue; ``(D) developing policies and procedures to effectively share information between departments and agencies of the Federal Government responsible for activities relating to hostage rescue; and ``(E) developing a strategy to keep family members of United States person hostages informed of the status of such hostages and inform such family members of updates, procedures, and policies that do not compromise the national security of the United States. ``(4) The chair of the Committee may not have duties or responsibilities in the Federal Government other than such duties or responsibilities relating to serving as the chair of the Committee. ``(5)(A) On a quarterly basis, the Committee shall submit to the appropriate congressional committees and the members of Congress described in subparagraph (B) a report that includes a summary of-- ``(i) the general activities of the Committee and the Interagency Fusion Cell on Hostage Recovery during the period covered by the report; and ``(ii) specific actions conducted during such period by the Committee and the Interagency Fusion Cell on Hostage Recovery with respect to United States person hostages. ``(B) The members of Congress described in this subparagraph are, with respect to a United States person hostage covered by a report under subparagraph (A), the Senators representing the State, and the Member, Delegate, or Resident Commissioner of the House of Representatives representing the district, that includes the United States person hostage. ``(C) Each report under subparagraph (A) may be submitted in classified form. ``(6) In this subsection: ``(A) The term `Interagency Fusion Cell on Hostage Recovery' means the Interagency Fusion Cell on Hostage Recovery established by section 119C of this Act. ``(B) The term `United States person hostage' means a citizen of the United States or an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act) who has been abducted or is suspected of having been abducted outside of the United States or is being held outside of the United States.''. (b) Sense of Congress.--It is the sense of Congress that the President should appoint a Special Advisor on Hostage Affairs who-- (1) serves as the chair of the Committee on Hostage Recovery of the National Security Council; (2) has extensive experience in foreign policy, counterterrorism, and hostage recovery; and (3) serves (or the designee of the Special Advisor serves) as a primary liaison between the Federal Government and the family of a United States person hostage (as defined in subsection (m) of section 101 of the National Security Act of 1947 (50 U.S.C. 3021), as added by subsection (a) of this section). (c) Rule of Construction.--Nothing in this section, or the amendment made by this section, shall be construed as authorizing the Federal Government to negotiate with a state sponsor of terrorism or an organization that the Secretary of State has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). SEC. 3. INTERAGENCY GROUP ON HOSTAGES. (a) Establishment.--Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by adding at the end the following: ``SEC. 119C. INTERAGENCY GROUP ON HOSTAGES. ``(a) Establishment.--There is established an interagency group on hostages to be known as the `Interagency Fusion Cell on Hostage Recovery'. ``(b) Director.--The chair of the Committee on Hostage Recovery established by section 101(m) of this Act shall serve as the director of the Interagency Fusion Cell on Hostage Recovery. ``(c) Duties.--The Interagency Fusion Cell on Hostage Recovery shall execute the strategies regarding hostage retrieval of the Committee on Hostage Recovery. ``(d) Elements.--The Interagency Fusion Cell on Hostage Recovery shall be composed of officials of the following departments or agencies of the Federal Government who are proficient in hostage recovery strategy: ``(1) The Department of State. ``(2) The Department of the Treasury. ``(3) The Department of Defense. ``(4) The Federal Bureau of Investigation. ``(5) The Office of the Director of National Intelligence. ``(e) Reporting.--The Interagency Fusion Cell on Hostage Recovery shall report to the Committee on Hostage Recovery.''. (b) Clerical Amendment.--The table of contents for such Act is amended by inserting after the item relating to section 119B the following new item: ``Sec. 119C. Interagency group on hostages.''.", "summary": "Warren Weinstein Hostage Rescue Act This bill amends the National Security Act of 1947 to establish: (1) the Committee on Hostage Recovery within the National Security Council (NSC), and (2) the Interagency Fusion Cell on Hostage Recovery which shall execute the Committee's hostage retrieval strategies. The Committee's functions shall include: coordinating retrieval of U.S. hostages among federal departments and agencies and among the United States and its allies; coordinating with the Interagency Fusion Cell on Hostage Recovery; developing hostage retrieval strategies and guidelines; developing information sharing policies and procedures; and developing a strategy to keep family members of U.S. hostages informed, and policies that do not compromise U.S. national security. It is the sense of Congress that the President should appoint a Special Advisor on Hostage Affairs who: (1) serves as the chair of the NSC Committee on Hostage Recovery; (2) has extensive foreign policy, counterterrorism, and hostage recovery experience; and; (3) serves (or the designee of the Special Advisor serves) as a primary liaison between the federal government and the family of a U.S. hostage. Nothing in this Act shall be construed as authorizing the federal government to negotiate with a state sponsor of terrorism or a foreign terrorist organization."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``SIG TARP Small Business Awareness Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Small businesses are going to be the driving force behind revitalizing our economy. (2) Small financial institutions are a primary financial resource for small businesses. (3) In a hearing of the Committee on Financial Services of the House of Representatives, witnesses testified that smaller financial institutions are having difficulty receiving funds from the Troubled Asset Relief Program. (4) In a hearing of the Committee on Financial Services of the House of Representatives, witnesses also testified that small businesses are having trouble receiving credit and financial products from banks and other financial institutions. SEC. 3. DUTIES OF THE SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM RELATING TO SMALL FINANCIAL INSTITUTIONS AND BUSINESSES. (a) In General.--Section 121(c) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(c)) is amended by adding at the end the following new paragraph: ``(5) Effects of program on small financial institutions and small businesses.-- ``(A) Small financial institutions.--In conducting audits and providing oversight of the Troubled Asset Relief Program in accordance with this section, the Special Inspector General shall examine how smaller financial institutions are being affected by-- ``(i) expenditures under the Program (including the adequacy of financial assistance provided to or on behalf of such smaller financial institutions); and ``(ii) the considerations and determinations of-- ``(I) the Secretary under this title; and ``(II) the regulators of such smaller financial institutions, with respect to capital adequacy and troubled assets. ``(B) Small businesses.--In conducting audits and providing oversight of the Troubled Asset Relief Program, the Special Inspector General shall examine the effects the provision of financial assistance under this title has had on small businesses, including both positive and negative effects and the extent of such effects on small businesses generally and by type and region. ``(C) Reports.--Any report prepared by the Special Inspector General under this section shall include the results of the activities of the Special Inspector General under paragraphs (1) and (2).''. (b) Report on Inclusion and Utilization of Women and Minorities.-- Section 121(i) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(i)) is amended by adding at the end the following new paragraph: ``(6) Report on inclusion and utilization of women and minorities.-- ``(A) In general.--The Special Inspector General shall include in each quarterly report to the Congress under paragraph (1) information on the activities of the Secretary and any financial institutions receiving financial assistance under this title to include and utilize minorities (as such term is defined in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note)) and women, and minority- and women-owned businesses (as such terms are defined in section 21A(r)(4) of the Federal Home Loan Bank Act), in any solicitation or contract, including any contract to asset managers, servicers, property managers, and other service providers or expert consultants. ``(B) Information to be included.--The quarterly report shall include information on the levels of inclusion and utilization of women, minorities, and women- and minority-owned businesses, including the type of such contracts or solicitations, the dollar amount of such contracts or solicitations, the total number of such contracts or solicitations, and any other information on the activities of the Secretary and any financial institutions receiving financial assistance under this title to increase the participation of women, minorities ,and women- and minority-owned businesses including recommendations related to increasing such participation.''. Passed the House of Representatives September 15, 2009. Attest: LORRAINE C. MILLER, Clerk.", "summary": "SIG TARP Small Business Awareness Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Special Inspector General (SIG) for the Troubled Asset Relief Program (TARP) to examine how smaller financial institutions are being affected by: (1) expenditures under TARP (especially the adequacy of financial assistance); (2) the considerations and determinations of the Secretary of the Treasury (Secretary) and the regulators of such smaller financial institutions regarding capital adequacy and troubled assets; and (3) the effects that TARP financial assistance has had upon small businesses, including by type and by region. Instructs the SIG to include, in quarterly reports to Congress, information on actions by the Secretary and any financial institutions receiving TARP assistance to include and utilize minorities and women, and minority- and women-owned businesses, in any solicitation or contract. Requires such reports to include information on: (1) the levels of inclusion and utilization of women, minorities, and women- and minority-owned businesses; (2) the type of such contracts or solicitations, their dollar amounts, and the total number of them; and (5) any other activities to increase the participation of women, minorities, and women- and minority-owned businesses, including recommendations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Tuberculosis Control Act of 2002''. SEC. 2. FINDINGS. Congress finds that: (1) Tuberculosis is a great health and economic burden to impoverished nations and a health and security threat to the United States and other industrialized countries. (2) Tuberculosis kills 2,000,000 people each year (a person every 15 seconds) and is second only to HIV/AIDS as the greatest infectious killer of adults worldwide. (3) Tuberculosis is today the leading killer of women of reproductive age and of people who are HIV-positive. (4) One-third of the world's population is currently infected with the tuberculosis bacterium, including 10,000,000 through 15,000,000 persons in the United States, and someone in the world is newly infected with tuberculosis every second. (5) With 46 percent of tuberculosis cases in the United States in the year 2000 found in foreign-born persons, as compared to 24 percent in 1990, it is clear that the only way to control tuberculosis in the United States is to control it worldwide. (6) Left untreated, a person with active tuberculosis can infect an average of 10 through 15 people in one year. (7) Pakistan and Afghanistan are among the 22 countries identified by the World Health Organization as having the highest tuberculosis burden globally. (8) More than one-quarter of all adult deaths in Pakistan are due to tuberculosis, and Afghan refugees entering Pakistan have very high rates of tuberculosis, with refugee camps, in particular, being areas where tuberculosis runs rampant. (9) The tuberculosis and AIDS epidemics are inextricably linked. Tuberculosis is the first manifestation of AIDS in more than 50 percent of cases in developing countries and is responsible for 40 percent or more of deaths of people with AIDS worldwide. (10) An effective, low-cost cure exists for tuberculosis: Directly Observed Treatment Short-course or DOTS. Expansion of DOTS is an urgent global priority. (11) DOTS is one of the most cost-effective health interventions available today. A full course of DOTS drugs costs as little as US$10 in low-income countries. (12) Proper DOTS treatment is imperative to prevent the development of dangerous multidrug resistant tuberculosis (MDR- TB) that arises through improper or incomplete tuberculosis treatment. (13) The Global Fund to fight AIDS, Tuberculosis, and Malaria is an important new global partnership established to combat these 3 infectious diseases that together kill 6,000,000 people a year. Expansion of effective tuberculosis treatment programs should constitute a major component of Global Fund investment. SEC. 3. DEFINITIONS. In this Act: (1) DOTS.--The term ``DOTS'' or ``Directly Observed Treatment Short-course'' means the World Health Organization- recommended strategy for treating standard tuberculosis. (2) Global alliance for tuberculosis drug development.--The term ``Global Alliance for Tuberculosis Drug Development'' means the public-private partnership that brings together leaders in health, science, philanthropy, and private industry to devise new approaches to tuberculosis and to ensure that new medications are available and affordable in high tuberculosis burden countries and other affected countries. (3) Global plan to stop tuberculosis.--The term ``Global Plan to Stop Tuberculosis'' means the plan developed jointly by the Stop Tuberculosis Partnership Secretariat and Partners in Health that lays out what needs to be done to control and eliminate tuberculosis. (4) Global tuberculosis drug facility.--The term ``Global Tuberculosis Drug Facility (GDF)'' means the new initiative of the Stop Tuberculosis Partnership to increase access to high- quality tuberculosis drugs to facilitate DOTS expansion. (5) Stop tuberculosis partnership.--The term ``Stop Tuberculosis Partnership'' means the partnership of the World Health Organization, donors including the United States, high tuberculosis burden countries, multilateral agencies, and nongovernmental and technical agencies committed to short- and long-term measures required to control and eventually eliminate tuberculosis as a public health problem in the world. SEC. 4. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, CONTROL, AND ELIMINATION. Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is amended by adding at the end the following: ``(7)(A) Congress recognizes the growing international problem of tuberculosis and the impact its continued existence has on those countries that had previously largely controlled the disease. Congress further recognizes that the means exist to control and treat tuberculosis by implementing the Global Plan to Stop Tuberculosis and by adequately investing in newly created mechanisms, including the Global Tuberculosis Drug Facility, and that it is therefore a major objective of the foreign assistance program to control the disease. To this end, Congress expects the agency primarily responsible for administering this part-- ``(i) to coordinate with the World Health Organization, the Centers for Disease Control, the National Institutes of Health, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program; and ``(ii) to set as a goal the detection of at least 70 percent of the cases of infectious tuberculosis, and the cure of at least 85 percent of the cases detected, by December 31, 2005, in those countries classified by the World Health Organization as among the highest tuberculosis burden, and by December 31, 2010, in all countries in which the agency has established development programs. ``(B)(i) There is authorized to be appropriated $200,000,000 for each of the fiscal years 2003 through 2005 for carrying out this paragraph. ``(ii) Funds appropriated under this paragraph are authorized to remain available until expended. ``(C) In carrying out subparagraph (A), not less than 75 percent of the amount authorized to be appropriated under subparagraph (B) shall be expended for antituberculosis drugs, supplies, patient services, and training in diagnosis and care, in order to increase directly observed treatment shortcourse (DOTS) coverage, including funding for the Global Tuberculosis Drug Facility. ``(D) In carrying out subparagraph (A), of the amount authorized to be appropriated under subparagraph (B)-- ``(i) not less than 10 percent shall be used for funding of the Global Tuberculosis Drug Facility; ``(ii) not less than 7.5 percent shall be used for funding of the Stop Tuberculosis Partnership; and ``(iii) not less than 2.5 percent shall be used for funding of the Global Alliance for Tuberculosis Drug Development. ``(E) The President shall submit a report to Congress annually specifying the increases in the number of people treated and the increases in number of tuberculosis patients cured through each program, project, or activity receiving United States foreign assistance for tuberculosis control purposes.''.", "summary": "International Tuberculosis Control Act of 2002 - Amends the Foreign Assistance Act of 1961 to revise requirements for assistance for health programs in developing countries to declare that Congress recognizes that the means exist to control and treat the growing international problem of tuberculosis by implementing the Global Plan to Stop Tuberculosis and investing in new mechanisms like the Global Tuberculosis Drug Facility. Makes it a major objective of the foreign assistance program to control the disease.Declares that Congress expects the agency primarily responsible for administering this Act to: (1) coordinate with the World Health Organization (WHO), the Centers for Disease Control, the National Institutes of Health, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program; and (2) set specified deadlines for the detection of at least 70 percent of the cases of infectious tuberculosis, and the cure of at least 85 percent of them.Earmarks specified amounts of funds for antituberculosis drugs, supplies, patient services, and training in diagnosis and care in order to increase directly observed treatment shortcourse (DOTS) coverage, including funding for the Global Tuberculosis Drug Facility."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``King Cove Road Land Exchange Act''. SEC. 2. FINDING. Congress finds that the land exchange required under this Act (including the designation of the road corridor and the construction of the road along the road corridor) is in the public interest. SEC. 3. DEFINITIONS. In this Act: (1) Federal land.-- (A) In general.--The term ``Federal land'' means the approximately 206 acres of Federal land located within the Refuge as depicted on the map entitled ``Project Area Map'' and dated September 2012. (B) Inclusion.--The term ``Federal land'' includes the 131 acres of Federal land in the Wilderness, which shall be used for the road corridor along which the road is to be constructed in accordance with section 4(b)(2). (2) Non-federal land.--The term ``non-Federal land'' means the approximately 43,093 acres of land owned by the State as depicted on the map entitled ``Project Area Map'' and dated September 2012. (3) Refuge.--The term ``Refuge'' means the Izembek National Wildlife Refuge in the State. (4) Road corridor.--The term ``road corridor'' means the road corridor designated under section 4(b)(1). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Alaska. (7) Wilderness.--The term ``Wilderness'' means the Izembek Wilderness designated by section 702(6) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1132 note; Public Law 96-487). SEC. 4. LAND EXCHANGE REQUIRED. (a) In General.--If the State offers to convey to the Secretary all right, title, and interest of the State in and to the non-Federal land, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Use of Federal Land.--The Federal land shall be conveyed to the State for the purposes of-- (1) designating a road corridor through the Refuge; and (2) constructing a single-lane gravel road along the road corridor subject to the requirements in section 6. (c) Valuation, Appraisals, and Equalization.-- (1) In general.--The value of the Federal land and the non- Federal land to be exchanged under this section-- (A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or (B) if not equal, shall be equalized in accordance with paragraph (3). (2) Appraisals.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary and State shall select an appraiser to conduct appraisals of the Federal land and non-Federal land. (B) Requirements.--The appraisals required under subparagraph (A) shall be conducted in accordance with nationally recognized appraisal standards, including-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (3) Equalization.-- (A) Surplus of federal land.--If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land to be conveyed under the land exchange under this section, the value of the Federal land and non-Federal land shall be equalized-- (i) by conveying additional non-Federal land in the State to the Secretary, subject to the approval of the Secretary; (ii) by the State making a cash payment to the United States; or (iii) by using a combination of the methods described in clauses (i) and (ii). (B) Surplus of non-federal land.--If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land to be conveyed under the land exchange under this section, the value of the Federal land and non-Federal land shall be equalized by the State adjusting the acreage of the non-Federal land to be conveyed. (C) Amount of payment.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a payment under subparagraph (A)(ii) in excess of 25 percent of the value of the Federal land conveyed. (d) Administration.--On completion of the exchange of Federal land and non-Federal land under this section-- (1) the boundary of the Wilderness shall be modified to exclude the Federal land; and (2) the non-Federal land shall be-- (A) added to the Wilderness; and (B) administered in accordance with-- (i) the Wilderness Act (16 U.S.C. 1131 et seq.); and (ii) other applicable laws. (e) Deadline.--The land exchange under this section shall be completed not later than 180 days after the date of enactment of this Act. SEC. 5. ROUTE OF ROAD CORRIDOR. The route of the road corridor shall follow the southern road alignment as described in the alternative entitled ``Alternative 2-Land Exchange and Southern Road Alignment'' in the final environmental impact statement entitled ``Izembek National Wildlife Refuge Land Exchange/Road Corridor Final Environmental Impact Statement'' and dated February 5, 2013. SEC. 6. REQUIREMENTS RELATING TO ROAD. The requirements relating to usage, barrier cables, and dimensions and the limitation on support facilities under subsections (a) and (b) of section 6403 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1180) shall apply to the road constructed in the road corridor. SEC. 7. EFFECT. The exchange of Federal land and non-Federal land and the road to be constructed under this Act (including the issuance of any permit that may be required from any Federal agency to construct the road) shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).", "summary": "King Cove Road Land Exchange Act This bill declares that, if the state of Alaska offers to convey to the Department of the Interior 43,093 acres of state-owned land, Interior shall convey to Alaska, in exchange, 206 acres of federal land within the Izembek National Wildlife Refuge and 131 acres of federal land within the Izembek Wilderness, for purposes of: (1) designating a road corridor through the refuge, and (2) constructing a single-lane gravel road along the road corridor. The values of the federal and nonfederal lands to be exchanged shall be equal. Interior and Alaska shall select an appraiser to conduct appraisals of the federal and nonfederal lands in accordance with nationally recognized appraisal standards. The bill requires the route of the road corridor to follow a specified southern road alignment. The bill states that the exchange of the federal and nonfederal lands and the road to be constructed under this bill (including the issuance of any permit that may be required from any federal agency to construct such road) shall not constitute a major federal action requiring environmental impact review under the National Environmental Policy Act of 1969."}
{"article": "SECTION 1. ESTATE AND GIFT TAX RATES REDUCED TO 30 PERCENT. (a) Estate Tax.-- (1) In general.--Section 2001 of the Internal Revenue Code of 1986 (relating to estate tax) is amended by striking subsections (b) and (c) and by inserting after subsection (a) the following new subsection: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(1) 30 percent of the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976. For purposes of paragraph (1)(B), the term `adjusted taxable gifts' means the total amount of the taxable gifts (within the meaning of section 2503) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent.''. (2) Conforming amendments.-- (A) Section 2010(c) of such Code is amended by striking ``tentative'' both places it appears and inserting ``tax''. (B) Subsection (b) of section 2101 of such Code is amended to read as follows: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(1) 30 percent of the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976.''. (C) Subsection (b) of section 2102 of such Code is amended-- (i) by striking ``$13,000'' each place it appears and inserting ``$20,000'', and (ii) by striking ``$46,800'' and inserting ``$52,500''. (D) Section 2201 is amended-- (i) in subsection (a) by striking ``the rate schedule set forth in subsection (c) shall be deemed to be the rate schedule set forth in section 2001(c)'' and inserting ``the tax determined under subsection (c) shall be deemed to be the tax determined under section 2001(b)'', and (ii) in subsection (c) by striking ``tentative'' each place it appears. (b) Gift Tax.-- (1) In general.--Section 2502 of such Code is amended to read as follows: ``SEC. 2502. RATE OF TAX. ``(a) General Rule.--The tax imposed by section 2501 for each calendar year shall be an amount equal to 30 percent of the sum of the taxable gifts for such calendar year. ``(b) Tax to Be Paid by Donor.--The tax imposed by section 2501 shall be paid by the donor.''. (2) Conforming amendments.-- (A) Subchapter A of chapter 12 of such Code is amended by striking section 2504. (B) The table of sections for such subchapter is amended by striking the item relating to section 2504. (c) Estate Tax Retained.-- (1) In general.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to title V of such Act. (2) Retention.--Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (3) Conforming amendments.--Subsections (d), (e), and (f)(3) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 2. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $10,000,000 EXCLUSION; INFLATION ADJUSTMENT OF UNIFIED CREDIT. (a) In General.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended to read as follows: ``(c) Applicable Credit Amount.--For purposes of this section, the applicable credit amount is the amount of the tax which would be determined under section 2001(b) if the amount with respect to which such tax is to be computed were the applicable exclusion amount. For purposes of the preceding sentence, the applicable exclusion amount is $10,000,000.''. (b) Inflation Adjustment.--Section 2010 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Cost-of-Living Adjustment.--In the case of any decedent dying, and gift made, in a calendar year after 2005, the $10,000,000 amount set forth in subsection (c) shall be increased by an amount equal to-- ``(1) $10,000,000, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 3. ANNUAL GIFT TAX EXCLUSION INCREASED TO $50,000. (a) In General.--Subsection (b) of section 2503 of the Internal Revenue Code of 1986 (relating to exclusion from gifts) is amended by striking ``$10,000'' each place it appears and inserting ``$50,000''. (b) Resetting of Inflation Adjustment.--Paragraph (2) of section 2503(b) of such Code is amended-- (1) by striking ``1998'' and inserting ``2005'', and (2) by striking ``1997'' and inserting ``2004''. (c) Effective Date.--The amendments made by this section shall apply to gifts made after December 31, 2004.", "summary": "Amends the Internal Revenue Code to: (1) reduce the top marginal tax rate for estates and gifts to 30 percent; (2) increase the estate tax exclusion amount to $10 million, with an annual adjustment for inflation; and (3) increase the annual gift tax exclusion from $10,000 to $50,000."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Housatonic Valley National Heritage Area Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The upper Housatonic Valley, encompassing 29 towns in the hilly terrain of western Massachusetts and northwestern Connecticut, is a singular geographical and cultural region that has made significant national contributions through its literary, artistic, musical, and architectural achievements, its iron, paper, and electrical equipment industries, and its scenic beautification and environmental conservation efforts. (2) The upper Housatonic Valley has 139 properties and historic districts listed on the National Register of Historic Places including-- (A) five National Historic Landmarks-- (i) Edith Wharton's home, The Mount, Lenox, Massachusetts; (ii) Herman Melville's home, Arrowhead, Pittsfield, Massachusetts; (iii) W.E.B. DuBois' Boyhood Homesite, Great Barrington, Massachusetts; (iv) Mission House, Stockbridge, Massachusetts; and (v) Crane and Company Old Stone Mill Rag Room, Dalton, Massachusetts; and (B) four National Natural Landmarks-- (i) Bartholomew's Cobble, Sheffield, Massachusetts, and Salisbury, Connecticut; (ii) Beckley Bog, Norfolk, Connecticut; (iii) Bingham Bog, Salisbury, Connecticut; and (iv) Cathedral Pines, Cornwall, Connecticut. (3) Writers, artists, musicians, and vacationers have visited the region for more than 150 years to enjoy its scenic wonders, making it one of the country's leading cultural resorts. (4) The upper Housatonic Valley has made significant national cultural contributions through such writers as Herman Melville, Nathaniel Hawthorne, Edith Wharton, and W.E.B. DuBois, artists Daniel Chester French and Norman Rockwell, and the performing arts centers of Tanglewood, Music Mountain, Norfolk (Connecticut) Chamber Music Festival, Jacob's Pillow, and Shakespeare & Company. (5) The upper Housatonic Valley is noted for its pioneering achievements in the iron, paper, and electrical generation industries and has cultural resources to interpret those industries. (6) The region became a national leader in scenic beautification and environmental conservation efforts following the era of industrialization and deforestation and maintains a fabric of significant conservation areas including the meandering Housatonic River. (7) Important historical events related to the American Revolution, Shays' Rebellion, and early civil rights took place in the upper Housatonic Valley. (8) The region had an American Indian presence going back 10,000 years and Mohicans had a formative role in contact with Europeans during the seventeenth and eighteenth centuries. (9) The Upper Housatonic Valley National Heritage Area has been proposed in order to heighten appreciation of the region, preserve its natural and historical resources, and improve the quality of life and economy of the area. (b) Purposes.--The purposes of this Act are as follows: (1) To establish the Upper Housatonic Valley National Heritage Area in the State of Connecticut and the Commonwealth of Massachusetts. (2) To implement the national heritage area alternative as described in the document entitled ``Upper Housatonic Valley National Heritage Area Feasibility Study, 2003''. (3) To provide a management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the upper Housatonic Valley region to conserve the region's heritage while continuing to pursue compatible economic opportunities. (4) To assist communities, organizations, and citizens in the State of Connecticut and the Commonwealth of Massachusetts in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Upper Housatonic Valley National Heritage Area, established in section 4. (2) Management entity.--The term ``Management Entity'' means the management entity for the Heritage Area designated by section 4(d). (3) Management plan.--The term ``Management Plan'' means the management plan for the Heritage Area specified in section 6. (4) Map.--The term ``map'' means the map entitled ``Boundary Map Upper Housatonic Valley National Heritage Area'', numbered P17/80,000, and dated February 2003. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Connecticut and the Commonwealth of Massachusetts. SEC. 4. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Upper Housatonic Valley National Heritage Area. (b) Boundaries.--The Heritage Area shall be comprised of-- (1) part of the Housatonic River's watershed, which extends 60 miles from Lanesboro, Massachusetts to Kent, Connecticut; (2) the towns of Canaan, Colebrook, Cornwall, Kent, Norfolk, North Canaan, Salisbury, Sharon, and Warren in Connecticut; (3) the towns of Alford, Becket, Dalton, Egremont, Great Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey, Mount Washington, New Marlboro, Pittsfield, Richmond, Sheffield, Stockbridge, Tyringham, Washington, and West Stockbridge in Massachusetts; and (4) the land and water within the boundaries of the Heritage Area, as depicted on the map. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (d) Management Entity.--The Upper Housatonic Valley National Heritage Area, Inc. shall be the management entity for the Heritage Area. SEC. 5. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE MANAGEMENT ENTITY. (a) Duties of the Management Entity.--To further the purposes of the Heritage Area, the management entity shall-- (1) prepare and submit a management plan for the Heritage Area to the Secretary in accordance with section 6; (2) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by-- (A) carrying out programs and projects that recognize, protect and enhance important resource values within the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs within the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of and appreciation for natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with heritage area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations and individuals to further the purposes of the Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semi- annually regarding the development and implementation of the management plan; (5) submit an annual report to the Secretary for any fiscal year in which the management entity receives Federal funds under this Act, setting forth its accomplishments, expenses, and income, including grants to any other entities during the year for which the report is made; (6) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for such audit all records and other information pertaining to the expenditure of such funds; and (7) encourage by appropriate means economic viability that is consistent with the purposes of the Heritage Area. (b) Authorities.--The management entity may, for the purposes of preparing and implementing the management plan for the Heritage Area, use Federal funds made available through this Act to-- (1) make grants to the State of Connecticut and the Commonwealth of Massachusetts, their political subdivisions, nonprofit organizations and other persons; (2) enter into cooperative agreements with or provide technical assistance to the State of Connecticut and the Commonwealth of Massachusetts, their political jurisdictions, nonprofit organizations, and other interested parties; (3) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (4) obtain money or services from any source including any that are provided under any other Federal law or program; (5) contract for goods or services; and (6) undertake to be a catalyst for any other activity that furthers the purposes of the Heritage Area and is consistent with the approved management plan. (c) Prohibitions on the Acquisition of Real Property.--The management entity may not use Federal funds received under this Act to acquire real property, but may use any other source of funding, including other Federal funding outside this authority, intended for the acquisition of real property. SEC. 6. MANAGEMENT PLAN. (a) In General.--The management plan for the Heritage Area shall-- (1) include comprehensive policies, strategies and recommendations for conservation, funding, management and development of the Heritage Area; (2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation; (3) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (4) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area in the first 5 years of implementation; (5) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area related to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained; (6) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques including, but not limited to, the development of intergovernmental and interagency cooperative agreements to protect the Heritage Area's natural, historical, cultural, educational, scenic and recreational resources; (7) describe a program of implementation for the management plan including plans for resource protection, restoration, construction, and specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of implementation; (8) include an analysis and recommendations for ways in which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to further the purposes of this Act; and (9) include an interpretive plan for the Heritage Area. (b) Deadline and Termination of Funding.-- (1) Deadline.--The management entity shall submit the management plan to the Secretary for approval within 3 years after funds are made available for this Act. (2) Termination of funding.--If the management plan is not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal funding under this Act until such time as the management plan is submitted to and approved by the Secretary. SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.-- (1) In general.--The Secretary may, upon the request of the management entity, provide technical assistance on a reimbursable or non-reimbursable basis and financial assistance to the Heritage Area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the management entity and other public or private entities for this purpose. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in-- (A) conserving the significant natural, historical, cultural, and scenic resources of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (2) Spending for non-federally owned property.--The Secretary may spend Federal funds directly on non-federally owned property to further the purposes of this Act, especially in assisting units of government in appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. (b) Approval and Disapproval of Management Plan.-- (1) In general.--The Secretary shall approve or disapprove the management plan not later than 90 days after receiving the management plan. (2) Criteria for approval.--In determining the approval of the management plan, the Secretary shall consider whether-- (A) the management entity is representative of the diverse interests of the Heritage Area including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area; and (D) the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Action following disapproval.--If the Secretary disapproves the management plan, the Secretary shall advise the management entity in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision within 60 days after the date it is submitted. (4) Approval of amendments.--Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The management entity shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments. SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES. Any Federal agency conducting or supporting activities directly affecting the Heritage Area shall-- (1) consult with the Secretary and the management entity with respect to such activities; (2) cooperate with the Secretary and the management entity in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and, (3) to the maximum extent practicable, conduct or support such activities in a manner which the management entity determines will not have an adverse effect on the Heritage Area. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Area under this Act. (b) Matching Funds.--Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act. SEC. 10. SUNSET. The authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of enactment of the Act.", "summary": "Upper Housatonic Valley National Heritage Area Act - Establishes the Upper Housatonic Valley National Heritage Area in Connecticut and Massachusetts. Designates the Upper Housatonic Valley National Heritage Area, Inc., as the Areas' management entity, which shall: (1) submit to the Secretary of the Interior for approval a management plan which includes policies, strategies, and recommendations for conservation, funding, management, development, and interpretation of the Area; and (2) assist local governments, regional planning organizations, and nonprofit organizations in implementing the plan. Prohibits the entity from using Federal funds received under this Act to acquire real property. Authorizes the Secretary to provide technical and financial assistance to the Area and enter into cooperative agreements with the management entity to develop and implement the plan."}
{"article": "SECTION 1. TEMPORARY DUTY SUSPENSIONS ON CERTAIN HIV DRUG SUBSTANCES. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.32.14 (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3- isoquinoline carboxamide (CAS No. 149182- 72-9)(provided for in subheading 2933.40.60).... Free No change No change On or before 6/ 30/99 9902.32.16 (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3- isoquinoline carboxamide hydrochloride salt (CAS No. 149057-17-0)(pr ovided for in subheading 2933.40.60).... Free No change No change On or before 6/ 30/99 9902.32.18 (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3- isoquinoline carboxamide sulfate salt (CAS No. 186537- 30-4)(provided for in subheading 2933.40.60).... Free No change No change On or before 6/ 30/99 9902.32.20 (3S)-1,2,3,4- tetrahydroisoqu inoline-3- carboxylic acid (CAS No. 74163- 81-8)(provided for in subheading 2933.40.60).... Free No change No change On or before 6/ 30/99 '' (b) Effective Date.--The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of enactment of this Act.", "summary": "Amends the Harmonized Tariff Schedule of the United States to suspend, through June 30, 1999, the duty on certain drug substances used as HIV antiviral drugs: (1) (S)-N-tert-butyl-1,2,3,4-tetrahydro- 3-isoquinoline carboxamide; (2) (S)-N-tert-butyl-1,2,3,4-tetrahydro-3- isoquinoline carboxamide hydrochloride salt; (3) (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3-isoquinoline carboxamide sulfate salt; and (4) (3S)-1,2,3,4-tetrahydroisoquinoline-3-carboxylic acid."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Close Big Oil Tax Loopholes Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Senate on high gas prices. TITLE I--CLOSE BIG OIL TAX LOOPHOLES Sec. 101. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers. Sec. 102. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof. Sec. 103. Limitation on deduction for intangible drilling and development costs. Sec. 104. Limitation on percentage depletion allowance for oil and gas wells. Sec. 105. Limitation on deduction for tertiary injectants. TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS Sec. 201. Repeal of outer Continental Shelf deep water and deep gas royalty relief. TITLE III--MISCELLANEOUS Sec. 301. Deficit reduction. Sec. 302. Budgetary effects. SEC. 2. FINDINGS. Congress finds that-- (1) gas prices have risen significantly largely in response to unrest in north Africa and the Middle East, unrest that speculators are capitalizing on to increase oil futures prices and make huge profits; (2) high gas prices are hurting the quality of life of people of the United States, cutting into savings, and jeopardizing jobs and the economic recovery of the United States; (3) implementation of the regulatory reforms enacted by Congress in the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 1376) to prevent energy market manipulation and control excessive speculation has been delayed and has been threatened with funding reductions in the House of Representatives; (4) the United States is producing more oil than any time in the last 13 years and companies hold abundant inventories of oil, but the United States is still importing more than 11,000,000 barrels of oil per day and the Energy Information Administration projects that full production in all onshore and offshore areas would reduce gas prices by only 3 cents per gallon by 2030; (5) domestic refining capacity now exceeds United States demand for refined petroleum products, resulting in increased idle refinery capacity; (6) oil companies are sitting idly on approximately 60,000,000 acres of leased Federal lands and waters containing more than 11,000,000,000 barrels of oil and 59,000,000,000,000 cubic feet of natural gas; (7) the United States possesses less than 2 percent of the proven oil reserves of the world, yet consumes an unsustainable 25 percent of the oil production of the world; (8) the economy of the United States suffers huge net losses in jobs and productivity from the growing annual trade deficit in energy, due mainly to the outflow of $250,000,000,000 or more to pay for foreign oil; (9) world oil prices have risen steadily since the slow beginning of the global economic recovery and, absent major efficiency or conservation improvements or deployment of alternative fuels, those oil prices are projected to remain well above $100 per barrel or higher as world demand grows as China, India and other countries industrialize; (10) the oil production policies of cartel of the Organization of the Petroleum Exporting Countries (OPEC) are a large determinant of the world price of oil, so the economy of the United States will be affected by decisions of OPEC as long as the United States depends on oil for a significant portion of the energy consumption of the United States; (11) the major oil companies have accumulated more than $1,000,000,000,000 in net profits over the last 10 years and collected more than $40,000,000,000 in tax breaks during the same period, but have invested negligible amounts of those funds into research and development of the production of clean and renewable fuels made in the United States, leaving consumers with few if any choices at the pump; and (12) in the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.), Congress increased fuel economy standards for the first time in 30 years and established ambitious requirements for domestic biofuels, actions that have reduced oil consumption and reduced upward pressure on gas prices. SEC. 3. SENSE OF SENATE ON HIGH GAS PRICES. It is the sense of the Senate that-- (1) the President and Administration should be commended for recognizing the severity of high gas prices and for taking appropriate actions to help reduce gas prices, including actions-- (A) to move forward with expeditious and responsible domestic production in the Gulf of Mexico and elsewhere; (B) to form a Task Force led by the Department of Justice to investigate and eliminate oil and gas price gouging and market manipulation; (C) to establish a national oil savings goal to cut imports by 33 percent by 2025; (D) to call for 1,000,000 electric vehicles to be on the road by 2015; (E) to harmonize corporate average fuel standards under section 32902 of title 49, United States Code, (CAFE) and carbon pollution standards to achieve 1,800,000,000 barrels in oil savings from new vehicles built before 2017, and working with stakeholders to increase those savings from future year vehicles; (F) to establish the National Clean Fleets Partnership and Green Fleet Initiative to reduce diesel and gasoline use in fleets by incorporating electric vehicles, alternative fuels like natural gas, and efficiency measures; and (G) to clarify and expand the use of E-15 fuel for new motor vehicles; (2) Congress should take additional actions to complement the efforts of the President, including enacting provisions-- (A) to encourage diligent and responsible development of domestic oil and gas resources onshore and off-shore; (B) to eliminate subsidies for major oil and gas companies and use the savings to promote research, development, and deployment of affordable alternative fuels and vehicles; (C) to give consumers more choices at the pump and incentives for buying vehicles that displace petroleum consumption; and (D) to direct and fund the Commodity Futures Trading Commission and the Federal Trade Commission to rapidly implement the energy consumer protection requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 1376); (3) the Organization of the Petroleum Exporting Countries (OPEC) should contribute to the stabilization of world oil markets and prices and reduce the burden of high gasoline prices borne by the consumers in the United States by using existing idle oil production capacity to compensate for any supply shortages experienced in member countries; and (4) the economic, environmental, and national security of the United States depend on a sustained effort to drastically reduce and eventually eliminate the dependency of the United States on oil. TITLE I--CLOSE BIG OIL TAX LOOPHOLES SEC. 101. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 102. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF. (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rule for certain oil and gas income.--In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term `domestic production gross receipts' shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 103. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS. (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application With Respect to Major Integrated Oil Companies.-- In the case of any taxable year in which the taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)), the allowance for percentage depletion shall be zero.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Application With Respect to Major Integrated Oil Companies.-- This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS SEC. 201. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS ROYALTY RELIEF. (a) In General.--Sections 344 and 345 of the Energy Policy Act of 2005 (42 U.S.C. 15904, 15905) are repealed. (b) Administration.--The Secretary of the Interior shall not be required to provide for royalty relief in the lease sale terms beginning with the first lease sale held on or after the date of enactment of this Act for which a final notice of sale has not been published. TITLE III--MISCELLANEOUS SEC. 301. DEFICIT REDUCTION. The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. SEC. 302. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.", "summary": "Close Big Oil Tax Loopholes Act - Expresses the sense of the Senate that: (1) the President and Administration should be commended for recognizing the severity of high gas prices and for taking appropriate actions to help reduce gas prices; (2) Congress should take additional actions to complement the efforts of the President; (3) the Organization of Petroleum Exporting Countries (OPEC) should contribute to the stabilization of world oil markets and prices and reduce the burden of high gasoline prices by using existing idle oil production capacity to compensate for any supply shortages; and (4) U.S. economic, environmental, and national security depend on a sustained effort to reduce and eventually eliminate the dependence of the United States on oil. Amends the Internal Revenue Code to deny to oil companies with gross receipts in excess of $1 billion in a taxable year and an average daily worldwide production of crude oil of at least 500,000 barrels a year: (1) a foreign tax credit if such company is a dual capacity taxpayer, as defined by this Act; (2) the tax deduction for income attributable to domestic production of oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal the authority of the Secretary of the Interior to grant royalty relief (suspension of royalties) for natural gas production from deep wells and deep water oil and gas production in the Outer Continental Shelf. Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the public debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Caregiver Support and Protection Act of 1996''. SEC. 2. COVERAGE OF RESPITE CARE SERVICES UNDER MEDICARE. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (N); (2) by striking ``and'' at the end of subparagraph (O); and (3) by inserting after subparagraph (O) the following new subparagraph: ``(P) respite care services (as defined in subsection (oo)); and''. (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Respite Care Services ``(oo)(1)(A) Subject to subparagraph (C), the term `respite care services' means any of the services described in subparagraph (B) which are furnished to an eligible individual (as described in paragraph (2)) for the support of a caregiver described in paragraph (2) at the individual's home or in the community on a short-term, intermittent, or emergency basis by an individual or entity who meets such standards as the Secretary may establish. ``(B) The services described in this subparagraph are as follows: ``(i) Companion services. ``(ii) Homemaker services. ``(iii) Personal assistance. ``(iv) Community day services. ``(v) Temporary care in an accredited or licensed residential facility. ``(C) In establishing standards pursuant to subparagraph (A) for individuals and entities providing respite care services, the Secretary shall consult with organizations representing providers of the services described in such paragraph and organizations representing individuals who typically receive such services. ``(D) The term `respite care services' does not include any services furnished to an individual during a 12-month period after the individual has been furnished 120 hours of such services during such period. ``(2) An `eligible individual' described in this paragraph is an individual with functional limitations (as described in paragraph (3)) who is dependent on a daily basis on a caregiver who-- ``(A) has primary responsibility for providing care to the individual; ``(B) does not receive financial remuneration for providing such care; and ``(C) has provided such care for a period of not less than 3 consecutive months. ``(3)(A) In paragraph (2), an `individual with functional limitations' is an individual who is certified (in accordance with such criteria as the Secretary may establish consistent with subparagraph (C)) as-- ``(i) being unable to perform without substantial assistance from another individual (including assistance involving verbal reminding or physical cueing) at least 2 of the activities of daily living described in subparagraph (B) for a period of at least 90 days due to a loss of functional capacity or to cognitive or other mental impairment; ``(ii) requiring substantial supervision to protect the individual from threats to the individual's health or safety due to substantial cognitive or other mental impairment; or ``(iii) having a level of disability similar (as determined by the Secretary) to the level of disability described in clause (i) or (ii). ``(B) The activities of daily living described in this subparagraph are as follows: ``(i) Eating. ``(ii) Toileting. ``(iii) Transferring. ``(iv) Bathing. ``(v) Dressing. ``(vi) Continence. ``(C) In establishing criteria pursuant to subparagraph (A) for the certification of individuals with functional limitations, the Secretary may not require that such certification be performed only by a physician.''. (c) Payment on Hourly Basis.--Section 1833 of such Act (42 U.S.C. 1395l) is amended by inserting after subsection (o) the following new subsection: ``(p) Payment for respite care services shall be paid on the basis of an hour of such services provided.''. (d) Conforming Amendment.--Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-- (1) by striking ``or'' at the end of paragraph (14); (2) by striking the period at the end of paragraph (15) and inserting ``; or''; and (3) by inserting after paragraph (15) the following new paragraph: ``(16) in the case of respite care services, which are furnished to an individual during a 12-month period after the individual has been furnished 120 hours of such services during such period.''. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 1997. SEC. 3. TREATMENT OF LONG-TERM CARE SERVICES AS MEDICAL CARE. (a) General Rule.--Paragraph (1) of section 213(d) (defining medical care) is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(D) for qualified long-term care services (as defined in subsection (f)).'' (b) Definition of Qualified Long-Term Care Services.--Section 213 of such Code is amended by adding at the end the following new subsection: ``(f) Qualified Long-Term Care Services.--For purposes of this section-- ``(1) In general.--The term `qualified long-term care services' means necessary diagnostic, preventive, therapeutic, curing, treating, mitigating, and rehabilitative services, and maintenance or personal care services, which-- ``(A) are required by a chronically ill individual, and ``(B) are provided pursuant to a plan of care prescribed by a licensed health care practitioner. ``(2) Chronically ill individual.-- ``(A) In general.--The term `chronically ill individual' means any individual who has been certified by a licensed health care practitioner as-- ``(i) being unable to perform (without substantial assistance from another individual) at least 2 activities of daily living for a period of at least 90 days due to a loss of functional capacity or to cognitive impairment, ``(ii) requiring substantial supervision to protect such individual from threats to health or safety due to substantial cognitive impairment, or ``(iii) having a level of disability similar (as determined by the Secretary in consultation with the Secretary of Health and Human Services) to the level of disability described in clause (i) or (ii). Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the preceding 12-month period a licensed health care practitioner has certified that such individual meets such requirements. ``(B) Activities of daily living.--For purposes of subparagraph (A), each of the following is an activity of daily living: ``(i) Eating. ``(ii) Toileting. ``(iii) Transferring. ``(iv) Bathing. ``(v) Dressing. ``(vi) Continence. ``(C) Substantial assistance.--For purposes of subparagraph (A)(i), the term `substantial assistance' includes verbal reminding or physical cuing. ``(3) Maintenance or personal care services.--The term `maintenance or personal care services' means any care the primary purpose of which is the provision of needed assistance with any of the disabilities as a result of which the individual is a chronically ill individual (including the protection from threats to health and safety due to severe cognitive impairment). ``(4) Licensed health care practitioner.--The term `licensed health care practitioner' means any physician (as defined in section 1861(r)(1) of the Social Security Act) and any registered professional nurse, licensed social worker, or other individual who meets such requirements as may be prescribed by the Secretary.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.", "summary": "Family Caregiver Support and Protection Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of respite care services, paid for on an hourly basis, under Medicare part B (Supplementary Medical Insurance). Amends the Internal Revenue Code to treat qualified long-term care services as deductible medical care expenses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Serving Veterans Act of 2018''. SEC. 2. RECRUITMENT DATABASE. (a) Establishment.--Section 208 of the VA Choice and Quality Employment Act (Public Law 115-46; 38 U.S.C. 701 note) is amended as follows: (1) In subsection (a)-- (A) in the matter proceeding paragraph (1), by striking ``a single database'' and inserting ``and maintain a single searchable database (to be known as the `Departments of Defense and Veterans Affairs Recruitment Database')''; (B) in paragraph (1), by striking ``; and'' and inserting a semicolon; (C) in paragraph (2), by striking the period at the end and inserting ``; and''; and (D) by adding after paragraph (2) the following new paragraph: ``(3) with respect to each vacant position under paragraphs (1) and (2)-- ``(A) the military occupational specialty or skill that corresponds to the position, as determined by the Secretary, in consultation with the Secretary of Defense; and ``(B) each qualified member of the Armed Forces who may be recruited to fill the position before such qualified member of the Armed Forces has been discharged and released from active duty.''. (2) By redesignating subsections (b), (c), and (d) as subsections (f), (g), and (h), respectively. (3) By inserting after subsection (a) the following new subsections: ``(b) Additional Information.--Subject to subsection (c), the database established under subsection (a) shall include, with respect to each qualified member of the Armed Forces, the following information: ``(1) The name and contact information of the qualified member of the Armed Forces. ``(2) The date on which the qualified member of the Armed Forces is expected to be discharged and released from active duty. ``(3) Each military occupational specialty currently or previously assigned to the qualified member of the Armed Forces. ``(c) Availability.--Information in the database shall be available to offices, officials, and employees of the Department of Veterans Affairs to the extent the Secretary of Veterans Affairs determines appropriate. ``(d) Expedited Hiring Procedures.--The Secretary shall hire qualified members of the Armed Forces who apply for vacant positions listed in the database established under subsection (a) without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code. ``(e) Relocation Bonus.--The Secretary may authorize a relocation bonus, in an amount determined appropriate by the Secretary and subject to the same limitations as in the case of the authority provided under section 5753 of title 5, to any qualified member of the Armed Forces who has accepted a position listed in the database established under subsection (a).''. (4) In subsection (g)(1), as redesignated in paragraph (2), by striking ``subsection (b)'' and inserting ``subsection (g)''. (5) In subsection (h), as redesignated in paragraph (2), by striking ``of this Act'' and inserting ``of the Veterans Serving Veterans Act of 2018, and annually thereafter''. (6) By adding after subsection (h), as redesignated in paragraph (2), the following new subsection: ``(i) Qualified Member of the Armed Forces Defined.--In this section, the term `qualified member of the Armed Forces' means a member of the Armed Forces-- ``(1) described in section 1142(a) of title 10; ``(2) who elects to be listed in the database established under subsection (a); and ``(3) who has been determined by the Secretary, in consultation with the Secretary of Defense, to have a military occupational speciality that corresponds to a vacant position described in subsection (a).''. (b) Implementation Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a plan to implement, including a timeline, section 208 of the VA Choice and Quality Employment Act (Public Law 115-46; 38 U.S.C. 701 note), as amended by this section. SEC. 3. INTERMEDIATE CARE TECHNICIAN TRAINING PROGRAM. (a) Establishment.--The Secretary of Veterans Affairs shall implement a program to train and certify covered veterans to work as intermediate care technicians in the Department of Veterans Affairs. (b) Locations.-- (1) Establishment.--The Secretary shall establish centers at medical facilities of the Department selected by the Secretary for the purposes of carrying out the program under subsection (a). (2) Selection of medical facilities.--In selecting a medical facility of the Department under this subsection to serve as a center, the Secretary shall consider-- (A) the experience and success of the facility in training intermediate care technicians; and (B) the availability of resources of the facility to train intermediate care technicians. (c) Covered Veteran Defined.--In this section, the term ``covered veteran'' means a veteran whom the Secretary determines served as a basic health care technician while serving in the Armed Forces. SEC. 4. NO AUTHORIZATION OF APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out section 208 of the VA Choice and Quality Employment Act (Public Law 115-46; 38 U.S.C. 701 note), as amended by section 2 of this Act, or to carry out section 3 of this Act. Such sections shall be carried out using amounts otherwise authorized to be appropriated for such purpose. SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to be appropriated to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated. Passed the House of Representatives July 24, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Veterans Serving Veterans Act of 2018 This bill amends the VA Choice and Quality Employment Act to name the Department of Veterans Affairs (VA) recruiting database the Departments of Defense and Veterans Affairs Recruitment Database and require that it includes for each vacant position: the military occupational specialty or skill corresponding to the VA position, and each qualified U.S. Armed Forces active-duty member (who elects to be listed in the database) who may be recruited to fill the position. The database shall include the following for each qualified member of the Armed Forces: name, contact information, expected discharge date, and military occupational specialty. The VA shall implement direct hiring and appointment procedures for vacant database positions and may authorize relocation bonuses. The VA shall train and certify veterans who served as basic health care technicians in the Armed Forces to work as VA intermediate care technicians."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``White House Quadrennial Small Business Summit Act of 2001''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``Chief Counsel'' means the Chief Counsel for Advocacy of the Small Business Administration; (3) the term ``Small Business Commission'' means the national White House Quadrennial Commission on Small Business established under section 6; (4) the term ``Small Business Summit''-- (A) means the White House Quadrennial Summit on Small Business conducted under section 3(a); and (B) includes the last White House Conference on Small Business occurring before 2002; (5) the term ``small business'' has the meaning given the term ``small business concern'' in section 3 of the Small Business Act; (6) the term ``State'' means any of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands; and (7) the term ``State Summit'' means a State Summit on Small Business conducted under section 3(b). SEC. 3. NATIONAL AND STATE QUADRENNIAL SUMMITS ON SMALL BUSINESS. (a) Quadrennial Summits.--There shall be a national White House Quadrennial Summit on Small Business once every 4 years, to be held during the second year following each Presidential election, to carry out the purposes set forth in section 4. (b) State Summits.--Each Small Business Summit referred to in subsection (a) shall be preceded by a State Summit on Small Business, with not fewer than 1 such summit held in each State, and with not fewer than 2 such summits held in any State having a population of more than 10,000,000. SEC. 4. PURPOSES OF SMALL BUSINESS SUMMITS. The purposes of each Small Business Summit shall be-- (1) to increase public awareness of the contribution of small business to the national economy; (2) to identify the problems of small business; (3) to examine the status of minorities and women as small business owners; (4) to assist small business in carrying out its role as the Nation's job creator; (5) to assemble small businesses to develop such specific and comprehensive recommendations for legislative and regulatory action as may be appropriate for maintaining and encouraging the economic viability of small business and thereby, the Nation; and (6) to review the status of recommendations adopted at the immediately preceding Small Business Summit. SEC. 5. SUMMIT PARTICIPANTS. (a) In General.--To carry out the purposes set forth in section 4, the Small Business Commission shall conduct Small Business Summits and State Summits to bring together individuals concerned with issues relating to small business. (b) Summit Delegates.-- (1) Qualification.--Only individuals who are owners or officers of a small business shall be eligible for appointment or election as delegates (or alternates) to the Small Business Summit, or be eligible to vote in the selection of delegates at the State Summits pursuant to this subsection. (2) Appointed delegates.--Two months before the date of the first State Summit, there shall be-- (A) 1 delegate (and 1 alternate) appointed by the Governor of each State; (B) 1 delegate (and 1 alternate) appointed by each Member of the House of Representatives, from the congressional district of that Member; (C) 1 delegate (and 1 alternate) appointed by each Member of the Senate from the home State of that Member; and (D) 53 delegates (and 53 alternates) appointed by the President, 1 from each State. (3) Elected delegates.--The participants at each State Summit shall elect 3 delegates and 3 alternates to the Small Business Summit for each congressional district within the State, or part of the State represented at the Summit, or not fewer than 9 delegates, pursuant to rules developed by the Small Business Commission. (4) Powers and duties.--Delegates to each Small Business Summit shall-- (A) attend the State summits in his or her respective State; (B) elect a delegation chairperson, vice chairperson, and other leadership as may be necessary; (C) conduct meetings and other activities at the State level before the date of the Small Business Summit, subject to the approval of the Small Business Commission; and (D) direct such State level summits, meetings, and activities toward the consideration of the purposes set forth in section 4, in order to prepare for the next Small Business Summit. (5) Alternates.--Alternates shall serve during the absence or unavailability of the delegate. (c) Role of the Chief Counsel.--The Chief Counsel shall, after consultation and in coordination with the Small Business Commission, assist in carrying out the Small Business Summits and State Summits required by this Act by-- (1) preparing and providing background information and administrative materials for use by participants in the summits; (2) distributing issue information and administrative communications, electronically where possible through an Internet web site and e-mail, and in printed form if requested; (3) maintaining an Internet web site and regular e-mail communications after each Small Business Summit to inform delegates and the public of the status of recommendations and related governmental activity; and (4) maintaining, between summits, an active interim organization of delegate representatives from each region of the Administration, to advise the Chief Counsel on each of the major small business issue areas, and monitor the progress of the Summits' recommendations. (d) Expenses.--Each delegate (and alternate) to each Small Business Summit and State Summit-- (1) shall be responsible for the expenses of that delegate related to attending the summits; and (2) shall not be reimbursed either from funds made available pursuant to this section or the Small Business Act. (e) Advisory Committee.-- (1) In general.--The Small Business Commission shall appoint a Summit Advisory Committee, which shall be composed of 10 individuals who were participants at the most recently preceding Small Business Summit, to advise the Small Business Commission on the organization, rules, and processes of the Summits. (2) Preference.--Preference for appointment under this subsection shall be given to individuals who have been active participants in the implementation process following the most recently preceding Small Business Summit. (f) Public Participation.--Small Business Summits and State Summits shall be open to the public, and no fee or charge may be imposed on any attendee, other than an amount necessary to cover the cost of any meal provided, plus, with respect to State Summits, a registration fee to defray the expense of meeting rooms and materials of not to exceed $20 per person. SEC. 6. WHITE HOUSE QUADRENNIAL COMMISSION ON SMALL BUSINESS. (a) Establishment.--There is established the White House Quadrennial Commission on Small Business. (b) Membership.-- (1) Appointment.--The Small Business Commission shall be composed of 9 members, including-- (A) the Chief Counsel; (B) 4 members appointed by the President; (C) 1 member appointed by the Majority Leader of the Senate; (D) 1 member appointed by the Minority Leader of the Senate; (E) 1 member appointed by the Majority Leader of the House of Representatives; and (F) 1 member appointed by the Minority Leader of the House of Representatives. (2) Selection.--Members of the Small Business Commission described in subparagraphs (B) through (F) of paragraph (1) shall be selected from among distinguished individuals noted for their knowledge and experience in fields relevant to the issue of small business and the purposes set forth in section 4. (3) Time of appointment.--The appointments required by paragraph (1)-- (A) shall be made not later than 18 months before the opening date of each Small Business Summit; and (B) shall expire 6 months after the date on which each Small Business Summit is convened. (c) Election of Chairperson.--At the first meeting of the Small Business Commission, a majority of the members present and voting shall elect a member of the Small Business Commission to serve as the Chairperson. (d) Powers and Duties of Commission.--The Small Business Commission-- (1) may enter into contracts with public agencies, private organizations, and academic institutions to carry out this Act; (2) shall consult, coordinate, and contract with an independent, nonpartisan organization that-- (A) has both substantive and logistical experience in developing and organizing conferences and forums throughout the Nation with elected officials and other government and business leaders; (B) has experience in generating private resources from multiple States in the form of event sponsorships; and (C) can demonstrate evidence of a working relationship with Members of Congress from the majority and minority parties, and at least 1 Federal agency; and (3) shall prescribe such financial controls and accounting procedures as needed for the handling of funds from fees and charges and the payment of authorized meal, facility, travel, and other related expenses. (e) Planning and Administration of Summits.--In carrying out the Small Business Summits and State Summits, the Small Business Commission shall consult with-- (1) the Chief Counsel; (2) Congress; and (3) such other Federal agencies as the Small Business Commission determines to be appropriate. (f) Reports Required.--Not later than 6 months after the date on which each Small Business Summit is convened, the Small Business Commission shall submit to the President and to the Chairpersons and Ranking Members of the Committees on Small Business of the Senate and the House of Representatives a final report, which shall-- (1) include the findings and recommendations of the Small Business Summit and any proposals for legislative action necessary to implement those recommendations; and (2) be made available to the public. (g) Quorum.--Four voting members of the Small Business Commission shall constitute a quorum for purposes of transacting business. (h) Meetings.--The Small Business Commission shall meet not later than 20 calendar days after the appointment of the initial members of the Small Business Commission, and not less frequently than every 30 calendar days thereafter. (i) Vacancies.--Any vacancy on the Small Business Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (j) Executive Director and Staff.--The Small Business Commission may appoint and compensate an Executive Director and such other personnel to conduct the Small Business Summits and State Summits as the Small Business Commission may determine to be advisable, without regard to title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that the rate of pay for the Executive Director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (k) Funding.--Members of the Small Business Commission shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Small Business Commission. SEC. 7. AUTHORIZATION OF APPROPRIATIONS; AVAILABILITY OF FUNDS. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out each Small Business Summit and the State Summits required by this Act, $5,000,000, which shall remain available until expended. New spending authority or authority to enter contracts as provided in this title shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. (b) Specific Earmark.--No amount made available to the Small Business Administration may be made available to carry out this title, other than amounts made available specifically for the purpose of conducting the Small Business Summits and State Summits.", "summary": "White House Quadrennial Small Business Summit Act of 2001 - Mandates a national White House Quadrennial Summit on Small Business, once every four years, to undertake specified actions with respect to the recognition, development, and promotion of American small business. Requires each Quadrennial Summit to be preceded by a State Summit on Small Business.Establishes the White House Quadrennial Commission on Small Business to: (1) conduct the Quadrennial and State Summits to bring together individuals concerned with issues relating to small business; and (2) appoint a Summit Advisory Committee from participants at the last Quadrennial Summit. Directs the Chief Counsel for Advocacy of the Small Business Administration to assist in carrying out the Quadrennial and State Summits.Requires each Summit's Commission to report to the President and the chairpersons and ranking members of the congressional small business committees on its findings, recommendations, and proposals for legislative changes to implement such recommendations.Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Budget Surplus Dividend Act of 1998''. SEC. 2. 33\\1/3\\ PERCENT OF FEDERAL BUDGET SURPLUS TO REIMBURSE EMPLOYERS AND EMPLOYEES FOR A PORTION OF THEIR SOCIAL SECURITY TAXES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CREDIT FOR PORTION OF SOCIAL SECURITY TAXES. ``(a) Allowance of Credit.--In the case of a taxable year to which this section applies, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of the taxpayer's social security taxes for the taxable year. ``(b) Taxable Years to Which Section Applies.-- ``(1) In general.--Except as provided by paragraph (2), this section shall apply to any taxable year beginning in the first calendar year beginning after a fiscal year if there is a Federal budget surplus for such fiscal year of more than $1,000,000,000. ``(2) Social security trust funds required to be solvent before credit allowed.--This section shall not apply to any taxable year beginning before the date on which the Board of Trustees of the Federal Old Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund makes the solvency determination described in section 5 of the Budget Surplus Dividend Act of 1998. ``(c) Applicable Percentage.--For purposes of this section-- ``(1) In general.--The term `applicable percentage' means-- ``(A) the base percentage with respect to so much of the taxpayer's social security taxes as does not exceed $3,000, and ``(B) the phasedown percentage with respect to so much of the taxpayer's social security taxes as exceeds $3,000. ``(2) Base percentage.--The term `base percentage' means, for taxable years beginning in a calendar year, the percentage which the Secretary estimates will result in a reduction of revenues to the Treasury by reason of this section for such taxable year equal to 33\\1/3\\ percent of the Federal budget surplus for the most recent fiscal year ending before such calendar year. Proper adjustments shall be made in the percentage determined under the preceding sentence with respect to any subsequent fiscal year to the extent that prior estimates were in excess of or less than the proper percentage. ``(3) Phasedown percentage.--The term `phasedown percentage' means the base percentage reduced (but not below zero) by the number of percentage points which bears the same ratio to the base percentage as-- ``(A) the excess of the taxpayer's social security taxes over $3,000 bears to ``(B) the excess of the maximum social security taxes over $3,000. ``(4) Maximum social security taxes.--The term `maximum social security taxes' means the amount which would be the social security taxes of the taxpayer if the amount on which such taxes are determined were equal to the maximum amount of remuneration which may be taken into account under section 3101(a). ``(5) Special rules.-- ``(A) Dollar limitations on per employee basis.-- The dollar limitations in paragraphs (1) and (3) shall be applied on a per employee basis. ``(B) Self-employed individuals.--Paragraphs (1) and (3) shall be applied by substituting `$6,000' for `$3,000' each place it appears in the case of the taxes referred to in subparagraph (C) or (D) of subsection (d)(1). ``(d) Social Security Taxes.--For purposes of this section-- ``(1) In general.--The term `social security taxes' means, with respect to any taxpayer for any taxable year-- ``(A) the taxes imposed by sections 3101 and 3201(a) (relating to taxes on employees) on amounts received by the taxpayer during the calendar year in which the taxable year begins, ``(B) the taxes imposed by sections 3111 and 3221(a) (relating to taxes on employers) on amounts paid by the taxpayer during the calendar year in which the taxable year begins, ``(C) the taxes imposed by section 1401 on the self-employment income of the taxpayer for the taxable year, and ``(D) the taxes imposed by section 3211(a)(1) on amounts received by the taxpayer during the calendar year in which the taxable year begins. ``(2) Coordination with special refund of social security taxes.--The term `social security taxes' shall not include any taxes to the extent the taxpayer is entitled to a special refund of such taxes under section 6413(c). ``(3) Special rule.--Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in paragraph (1)(A) shall be treated as taxes referred to in such paragraph.'' (b) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 35 and inserting the following: ``Sec. 35. Credit for portion of social security taxes. ``Sec. 36. Overpayments of tax.'' SEC. 3. APPROPRIATION TO USE 33\\1/3\\ PERCENT OF FEDERAL BUDGET SURPLUS TO REDUCE OUTSTANDING PUBLIC DEBT. There is hereby appropriated for the first fiscal year following each fiscal year (beginning after this Act takes effect) for which there is a Federal budget surplus an amount equal to 33\\1/3\\ percent of such surplus for purpose of paying at maturity, or to redeem or buy before maturity, obligations of the Government included in the public debt. An obligation of the Government that is paid, redeemed, or bought with funds appropriated by the preceding sentence shall be canceled and retired and may not be reissued. SEC. 4. USE 33\\1/3\\ PERCENT OF FEDERAL BUDGET SURPLUS TO INCREASE NONDEFENSE DISCRETIONARY SPENDING LIMITS. For the first fiscal year following each fiscal year (beginning after this Act takes effect) for which there is a Federal budget surplus, the Director of the Office of Management and Budget shall increase (on a pro rata basis between the applicable nondefense categories for that fiscal year) the discretionary spending limit for new budget authority under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 by an amount equal to 33\\1/3\\ percent of such surplus and shall adjust the outlays flowing from that budget authority accordingly. SEC. 5. EFFECTIVE DATE BASED ON SOLVENCY OF SOCIAL SECURITY TRUST FUNDS. This Act and the amendments made by this Act shall take effect on the date on which the Board of Trustees of the Federal Old Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund determines (using intermediate assumptions) that both the Federal Old Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are in close actuarial balance through the year 2070. Such determination shall be included in the first annual report of such Board made after such determination is made.", "summary": "Budget Surplus Dividend Act of 1998 - Amends the Internal Revenue Code to allow, upon a specified determination of budgetary surplus, a credit equal to a certain percentage of a taxpayer's annual social security taxes. Provides for the use of budgetary surplus to reduce public debt and increase nondefense discretionary spending."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Dangerous Explosives Background Checks Requirement Act''. SEC. 2. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF EXPLOSIVES. (a) Permits for Purchase of Explosives in General.-- (1) In general.--Section 842 of title 18, United States Code, is amended-- (A) in subsection (a)(3), by striking subparagraphs (A) and (B) and inserting the following: ``(A) to transport, cause to be transported, ship, or receive any explosive materials; or ``(B) to distribute explosive materials to any person other than a licensee or permittee.''; and (B) in subsection (b)-- (i) in paragraph (1), by adding ``or'' at the end; (ii) in paragraph (2), by striking ``; or'' and inserting a period; and (iii) by striking paragraph (3). (2) Regulations.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall promulgate final regulations with respect to the amendments made by paragraph (1). (B) Notice to states.--On the promulgation of final regulations under subparagraph (A), the Secretary of the Treasury shall notify the States of the regulations in order that the States may consider legislation to amend relevant State laws relating to explosives. (b) Background Checks.--Section 842 of title 18, United States Code, is amended by adding at the end the following: ``(q) Background Checks.-- ``(1) Definitions.--In this subsection: ``(A) Chief law enforcement officer.--The term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of such an individual. ``(B) System.--The term `system' means the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note). ``(2) Prohibition.--A licensed importer, licensed manufacturer, or licensed dealer shall not transfer explosive materials to a permitee unless-- ``(A) before the completion of the transfer, the licensee contacts the system; ``(B)(i) the system provides the licensee with a unique identification number; or ``(ii) 5 days on which State offices are open have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate subsection (i); ``(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d)) of the transferee containing a photograph of the transferee; and ``(D) the transferor has examined the permit issued to the transferee under section 843 and recorded the permit number on the record of the transfer. ``(3) Identification number.--If receipt of explosive materials would not violate section 842(i) or State law, the system shall-- ``(A) assign a unique identification number to the transfer; and ``(B) provide the licensee with the number. ``(4) Exceptions.--Paragraph (2) shall not apply to a transfer of explosive materials between a licensee and another person if, on application of the transferor, the Secretary has certified that compliance with paragraph (2)(A) is impracticable because-- ``(A) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; ``(B) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; and ``(C) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. ``(5) Inclusion of identification number.--If the system notifies the licensee that the information available to the system does not demonstrate that the receipt of explosive materials by the transferee would violate subsection (i) or State law, and the licensee transfers explosive materials to the transferee, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer. ``(6) Penalties.--If the licensee knowingly transfers explosive materials to another person and knowingly fails to comply with paragraph (2) with respect to the transfer, the Secretary may, after notice and opportunity for a hearing-- ``(A) suspend for not more than 6 months, or revoke, any license issued to the licensee under section 843; and ``(B) impose on the licensee a civil penalty of not more than $5,000. ``(7) No liability.--Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the system shall be liable in an action at law for damages-- ``(A) for failure to prevent the transfer of explosive materials to a person whose receipt or possession of the explosive material is unlawful under this section; or ``(B) for preventing such a transfer to a person who may lawfully receive or possess explosive materials. ``(8) Determination of ineligibility.-- ``(A) Written reasons provided on request.-- ``(i) In general.--If the system determines that an individual is ineligible to receive explosive materials and the individual requests the system to provide the reasons for the determination, the system shall provide such reasons to the individual, in writing, not later than 5 business days after the date of the request. ``(ii) Ineligibility due to violation.--If the system informs an individual contacting the system that receipt of explosive materials by a prospective transferee would violate subsection (i) or applicable State law, the prospective transferee may request the Attorney General to provide the prospective transferee with the reasons for the determination. ``(B) Treatment of requests.--On receipt of a request under subparagraph (A), the Attorney General shall immediately comply with the request. ``(C) Submission of additional information.-- ``(i) In general.--A prospective transferee may submit to the Attorney General information to correct, clarify, or supplement records of the system with respect to the prospective transferee. ``(ii) Action by the attorney general.-- After receiving information under clause (i), the Attorney General shall-- ``(I) immediately consider the information; ``(II) investigate the matter further; ``(III) correct all erroneous Federal records relating to the prospective transferee; and ``(IV) give notice of the error to any Federal department or agency or any State that was the source of such erroneous records.''. (c) Remedy for Erroneous Denial of Explosive Materials.-- (1) In general.--Chapter 40 of title 18, United States Code, is amended by inserting after section 843 the following: ``Sec. 843A. Remedy for erroneous denial of explosive materials ``(a) In General.--Any person denied explosive materials under section 842(q)-- ``(1) due to the provision of erroneous information relating to the person by any State or political subdivision of a State or by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note); or ``(2) who was not prohibited from receiving explosive materials under section 842(i), may bring an action against an entity described in subsection (b) for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be. ``(b) Entities Described.--An entity referred to in subsection (a) is-- ``(1) the State or political subdivision responsible for-- ``(A) providing the erroneous information referred to in subsection (a)(1); or ``(B) denying the transfer of explosives; or ``(2) the United States. ``(c) Attorney's Fees.--In any action brought under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. (2) Technical amendment.--The analysis for chapter 40 of title 18, United States Code, is amended by inserting after the item relating to section 843 the following: ``843A. Remedy for erroneous denial of explosive materials.''. (d) Licenses and User Permits.--Section 843(a) of title 18, United States Code, is amended-- (1) by striking ``shall be in such form and contain such information'' and inserting ``shall include fingerprints and a photograph of the applicant, and shall be in such form and contain such other information''; and (2) by striking the second sentence and inserting the following: ``Each applicant for a license shall pay for each license a fee established by the Secretary in an amount not to exceed $300. Each applicant for a permit shall pay for each permit a fee established by the Secretary in an amount not to exceed $100.''. (e) Penalties.--Section 844(a) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) violates section 842(q) shall be fined under this title, imprisoned not more than 5 years, or both.''. (f) Effective Date.--The amendments made by subsections (a), (b), (c), and (e) shall take effect 18 months after the date of enactment of this Act.", "summary": "Dangerous Explosives Background Checks Requirement Act - Amends the Federal criminal code to prohibit a person other than a Federal explosive materials licensee or permittee from knowingly: (1) transporting, shipping, causing to be transported, or receiving explosive materials (currently, in interstate or foreign commerce, and with a specified exception based on residency in a contiguous State); or (2) distributing explosive materials to any person other than such a licensee or permittee (currently, to any such person who the distributor knows or has reasonable cause to believe does not reside in the same State). Repeals provisions permitting distribution to a resident of the State where distribution is made and in which the licensee is licensed to do business or a State contiguous thereto if permitted by the law of the State of the purchaser's residence.Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to a permittee unless specified conditions are met, including that: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system; and (2) either the system provides the licensee with a unique identification number or five days (on which State offices are open) have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate Federal law.Sets forth provisions regarding: (1) penalties; (2) immunity from liability; (3) information to be supplied to individuals determined to be ineligible to receive explosive materials; and (4) the remedy for erroneous denial of explosive materials."}
{"article": "SECTION 1. SHORT TITLE This Act may be cited as the ``Immunization Now Act of 1993''. SEC. 2. FINDINGS. The Congress finds, with respect to immunizations against vaccine- preventable diseases, the following: (1) Childhood illnesses that can be prevented by timely application of commonly available vaccinations, through a program of Federal and local cooperation, are rising at an alarming rate. (2) The incidence of measles increased 336 percent in 1989, increasing to eighteen thousand one hundred ninety three cases from three thousand three hundred ninety six in 1988. (3) The cost of appropriate immunizations is minimal. One estimate places that cost at $130 per child. (4) The typical price per dose of a measles, mumps, rubella vaccine is approximately $24 to the practitioner and the average cost of hospitalization for a child with measles is approximately $5,000-$6,000. (5) A child who was not immunized from measles died in a California hospital after $800,000 was spent in an effort to treat the child's measles complications. (6) In November 1990 the measles rate for the year had already surpassed the rates of other full years since 1978 and deaths from measles are the highest since 1971. Measles caused more than sixty deaths in 1990, the largest annual number of reported cases due to measles in almost two decades. (7) Fifty four percent of measles cases occur among vaccine-eligible infants and preschool children who have not been vaccinated. (8) One-third to one-half of children up to age two who live in poor, inner-city areas are not properly immunized. (9) Preschool children in other Western, industrialized nations have significantly higher immunization rates than United States children of the same age group. (10) There are seven to nine million uninsured children in the United States. (11) While programs to immunize school-aged children have been very successful, preschoolers as a group now make up 47 percent of measles cases, up from 25 percent in 1988. (12) Computerized systems of tracking immunization status and utilization from birth have been operationalized in several countries, including Great Britain and the Netherlands. Such systems can aid in surveillance of immunization status, provision of reminders to parents when vaccines are due, and monitoring the distribution of vaccines through public and private providers. SEC. 3. ESTABLISHMENT OF ENTITLEMENT PROGRAM REGARDING IMMUNIZATION OF INFANTS AGAINST VACCINE-PREVENTABLE DISEASES. (a) In General.--Each infant in the United States-- (1) who has not reached the infant's second birthday, (2) who is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or other alien permanently in the United States under color of law, and (3) who is not entitled under a health insurance policy or other health benefit plan to receive (or have any payment made for the expenses of) any immunization specified under section 7, is entitled to receive without charge, in accordance with this Act, immunizations against vaccine-preventable diseases. (b) Implementation Through System of Vouchers.--The entitlement established in subsection (a) shall be implemented through the use of vouchers issued under section 5. Such vouchers represent the obligation of the Federal Government to pay, subject to section 6, the costs of providing the immunizations specified under section 7 for the infants for whom the vouchers are issued. SEC. 4. OBLIGATION TO PROVIDE IMMUNIZATIONS. (a) In General.--Any licensed health care professional or provider who or which is authorized by law to provide immunizations specified under section 7 and who or which is engaged in the public or private practice of pediatrics or family medicine shall provide the immunizations specified under section 7 that are appropriate for the age of the infant involved if a voucher issued under section 5 for the infant is presented to the professional or provider. (b) Applicability.--The requirement established in subsection (a) shall apply to a professional or provider without regard to whether the professional or provider provides health services as a participant in the program established in title XVIII of the Social Security Act or the program established in title XIX of such Act, and without regard to whether the professional or provider otherwise receives Federal payments or Federal financial assistance for any purpose. SEC. 5. ISSUANCE OF VOUCHERS. (a) In General.--The Secretary of Health and Human Services shall provide for the issuance of vouchers for purposes of section 3(b). Each such voucher shall-- (1) bear a seal for purposes of indicating that the voucher has been issued for purposes of the entitlement established in section 3(a); (2) contain the name of the infant for whom the voucher is issued and the name and address of not less than one parent of the infant; (3) in summary form state the principal legal rights and obligations arising with respect to the voucher; and (4) contain a simple explanation of what immunizations are needed and why. (b) Eligibility.--A voucher shall not be issued under this section with respect to an infant unless the infant is described in section 3(a) and an application for the voucher has been made and signed by a parent of the infant. (c) Application for Issuance.-- (1) Hospitals.--The Secretary shall provide for a process by which a hospital, in which an infant eligible for a voucher is born, issues the voucher to the parent of the infant at the time of birth if the hospital determines, based on information supplied by the parent, that the infant is described in section 3(a). Under the process, the hospital shall complete the application for the voucher on behalf of the infant, obtain the signature of a parent as to the accuracy of the information supplied, and forward the application to the Secretary. (2) Community health centers.--The Secretary shall provide for a process by which a community health center issues a voucher to the parent of an infant if-- (A) based upon information supplied by the parent to the center, the center determines that the infant is described in section 3(a) and a voucher has not been previously issued with respect to the infant, and (B) the infant is a patient at the center. Under the process, the center shall complete the application for the voucher on behalf of the infant, obtain the signature of a parent as to the accuracy of the information supplied, and forward the application to the Secretary. (3) Secretary.--In cases not described in paragraph (1) or (2), the Secretary shall provide for direct issuance of a voucher to a parent of an infant described in section 3(a) upon application by the parent. SEC. 6. REIMBURSEMENT FOR PROVISION OF IMMUNIZATIONS. (a) In General.--In the case of a professional or provider providing immunizations pursuant to the presentation of vouchers issued under section 5, the Secretary shall make a single payment to the professional or provider each quarter of the fiscal year as reimbursement for the costs of immunizations provided in the preceding quarter if-- (1) the professional or provider submits to the Secretary the vouchers involved; (2) the Secretary determines that the vouchers were obtained, and the immunizations involved were provided, in accordance with this Act; and (3) the vouchers are submitted to the Secretary in accordance with such procedures and meet such requirements as the Secretary determines to be necessary to carry out paragraph (2). (b) Amount of Reimbursement.--The Secretary shall establish amounts of reimbursement that will be provided for types of immunizations specified under section 7. Each such reimbursement shall include reimbursement both for the vaccine and for the professional service of providing the immunization. SEC. 7. SPECIFICATION OF IMMUNIZATIONS. The immunizations specified in this section are such immunizations as may be established by the Secretary based on the recommendations of the Advisory Committee on Immunization Practice of the Centers for Disease Control. SEC. 8. GENERAL PROVISIONS. (a) Provision of Information Regarding Program.--The Secretary shall carry out activities-- (1) to inform the public of the entitlement established in section 3(a), including the manner in which an application under section 5(c) may be obtained; and (2) to inform professionals and providers of their legal rights and obligations regarding vouchers issued under section 5. (b) Regulations.--The Secretary shall by regulation issue criteria for carrying out sections 3 through 7. For purposes of the preceding sentence, the final rule shall be issued not later than ninety days after the date of the enactment of this Act. (c) Applicability.--The entitlement established in section 3(a) shall apply upon the expiration of the forty-five day period beginning on the date on which the final rule referred to in subsection (b) is required under such subsection to be issued. (d) Definitions.--For purposes of this Act: (1) The term ``Secretary'' means the Secretary of Health and Human Services. (2) The term ``parent'' means any parent, step-parent, grandparent, or duly appointed guardian. (3) The term ``United States'' includes Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands. (e) Authorization of Appropriations.--For the purpose of carrying out this Act, there are authorized to be appropriated such sums as may be necessary for fiscal year 1994 and each subsequent fiscal year. SEC. 9. NATIONAL IMMUNIZATION REGISTRY SYSTEM. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control, shall establish a national immunization registry system (in this section referred to as the ``registry''). The purpose of the system is to provide for national surveillance of childhood immunization status through age six. (b) 2-Year Research and Demonstration Phase.-- (1) In general.--The Secretary shall make grants to public and nonprofit private entities to conduct research and demonstration projects aimed at identifying mechanisms and structures to develop the registry, including-- (A) projects to test methods for collecting birth certificate and immunization information in a large central data system; (B) projects to evaluate the capacity of public health agencies to provide birth certificate and immunization information in a cost-effective and efficient manner; (C) projects to assess techniques for tracking children in mobile populations across geographic areas; (D) projects to explore the feasibility of a registry which requires the participation by private providers of immunization services; and (E) projects to demonstrate the efficient use of registry information in providing immunization status. (2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $7,000,000 in fiscal year 1994 and $12,000,000 in fiscal year 1995. (c) Enhancement of Information Systems.-- (1) In general.--The Secretary, based on projects conducted under subsection (b), shall expand the registry to cover the entire Nation. In doing this, the Secretary shall-- (A) develop the capacity to link and process all birth certificate records through a central registry; (B) enhance State and local technical capacity to provide information through use of resources (such as new computer hardware and software or technical assistance); (C) promote participation by private providers who administer childhood vaccines; and (D) develop mechanisms to collect information on all doses of vaccine administered to preschool age children in both the public and private sectors. (2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $50,000,000 in fiscal year 1996. (d) Full Implementation.-- (1) In general.--Beginning with fiscal year 1997, the Secretary shall provide for full implementation of the registry. In implementing such registry, the Secretary shall provide that-- (A) all infants born in the United States are registered through birth certificate information that relates to immunization tracking and vaccine administration; (B) information on doses of vaccines administered to all children under six years of age is collected; (C) appropriate notices are provided to parents regarding overdue vaccinations; and (D) appropriate records are provided to parents for their children entering schools or day care programs. The Secretary shall include information on the operation of the registry with annual reports submitted to Congress on the operation of the vaccine system provided under the other provisions of this Act. (2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $50,000,000 in each fiscal year, beginning with fiscal year 1997.", "summary": "Immunization Now Act of 1993 - Entitles each infant in the United States under two years old who does not have other health insurance and who meets other requirements to receive immunizations without charge. Requires any licensed health care professional to provide immunizations in exchange for vouchers issued through hospitals or community health centers or on direct application by the parent, with quarterly reimbursements to health care providers in amounts set by the Secretary of Health and Human Services. Directs the Secretary to carry out activities to inform the public and health care providers regarding the program. Authorizes appropriations. Establishes a national immunization registry system to provide for national surveillance of childhood immunization status through age six. Mandates grants for research and demonstration projects to identify mechanisms and structures to develop the registry. Requires certain measures to expand the registry from the projects to cover the entire Nation. Requires full implementation of the registry by 1997. Authorizes appropriations."}
{"article": "SECTION 1. MARKET-DRIVEN INVENTORY SYSTEM. (a) In General.--Subtitle B of title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8731 et seq.) is amended by adding at the end the following: ``SEC. 1211. MARKET-DRIVEN INVENTORY SYSTEM. ``(a) Definitions.--In this section: ``(1) Inventory cap.--The term `inventory cap' means the market commodity-specific limitations on participation in the program described in subsection (b)(3). ``(2) Market commodity.--The term `market commodity' means corn, oats, barley, grain sorghum, wheat, and soybeans. ``(3) Program.--The term `program' means the market-driven inventory system program established in accordance with this section. ``(4) Storage period.--The term `storage period' means, for a market commodity enrolled in the program, the period that-- ``(A) begins on the date of enrollment of the market commodity in the program; and ``(B) ends on the date on which the Secretary authorizes loan repayment and release under subsection (d). ``(b) Recourse Loans Available.-- ``(1) In general.--Subject to paragraph (3), for each of the 2014 through 2018 crops of each market commodity, the Secretary shall make available recourse loans in accordance with this section to producers on a farm that elect to participate in the program for 1 or more market commodities. ``(2) Enrollment.-- ``(A) In general.--Enrollment in the program shall be voluntary and considered on a rolling basis. ``(B) Limitations.-- ``(i) In general.--The Secretary may implement enrollment restrictions if the market prices of a market commodity are close to the recourse loan rate or the release price described in subsection (d)(2). ``(ii) End of restrictions.--Any enrollment restrictions implemented under clause (i) for a market commodity shall end as soon as the Secretary determines that the 1-month average of the market commodity is below the recourse loan rate for that market commodity. ``(3) Inventory cap.--Participation in the program for corn, wheat, and soybeans shall be limited to not more than the following: ``(A) Corn, 3,000,000,000 bushels. ``(B) Oats, 20,000,000 bushels. ``(C) Barley, 40,000,000 bushels. ``(D) Grain sorghum, 40,000,000 bushels. ``(E) Wheat, 800,000,000 bushels. ``(F) Soybeans, 400,000,000 bushels. ``(c) Storage Period.-- ``(1) In general.--As a condition of participation, for each market commodity that the producers on a farm enroll in the program, the producers on the farm shall, throughout the storage period-- ``(A) store the market commodity; ``(B) maintain the market commodity in proper condition, as determined by the Secretary; and ``(C) not sell or otherwise release into the market the market commodity. ``(2) Ownership.--During the storage period-- ``(A) title to the market commodity shall remain with the producers on the farm, subject to the conditions on participation described in paragraph (1); and ``(B) the Secretary shall have a first lien on the market commodity for which a recourse loan under this section is received. ``(3) Payment.-- ``(A) In general.--During the storage period, the Secretary shall make storage payments to the producers on the farm at a rate of $0.40 per bushel of market commodity per crop year. ``(B) Duration.--The Secretary shall terminate the making of storage payments for a market commodity to producers on a farm on the date on which the release price for the market commodity is triggered in accordance with subsection (d). ``(d) Loan Repayment and Release.-- ``(1) In general.--Subject to paragraph (4), the Secretary shall authorize loan repayment and release for a market commodity on the date on which the release price for that market commodity is triggered. ``(2) Release price.--The release price for a market commodity shall be equal to 160 percent of the applicable recourse loan rate described in subsection (e). ``(3) Producer options.--Subject to paragraph (4), once the Secretary has authorized loan repayment and release for a market commodity, the producers on a farm may-- ``(A) sell or otherwise release into the market the market commodity; or ``(B) continue to store the market commodity, but without receiving additional storage payments for the market commodity. ``(4) Partial release.-- ``(A) In general.--Regardless of whether the inventory cap for a market commodity has been reached, if the Secretary determines, based on available information, that the total quantity of the market commodity stored is so great that release of all of the stored market commodity into the market would depress market prices below the release level, the Secretary may establish a maximum release quantity to limit the sale and release of the stored market commodity. ``(B) Administration.--In the case of a partial release described in subparagraph (A)-- ``(i) the producers on a farm that first enrolled in the program shall be eligible first to sell or otherwise release into the market the stored market commodity; and ``(ii) the producers on a farm that do not have the option of selling or otherwise releasing into the market the stored market commodity shall continue to be eligible to receive storage payments for the market commodity. ``(e) Recourse Loan Rates.--For purposes of each of the 2014 through 2018 crop years, the recourse loan rate for a market commodity under this section shall be equal to the following: ``(1) Corn, $3.50 per bushel. ``(2) Oats, $2.49 per bushel. ``(3) Barley, $3.50 per bushel. ``(4) Grain sorghum, $3.50 per bushel. ``(5) Wheat, $5.28 per bushel. ``(6) Soybeans, $8.97 per bushel. ``(f) Set-Aside Program.-- ``(1) In general.--If the inventory cap for a market commodity is reached and the market price of the market commodity is below the recourse loan rate for the market commodity, the Secretary may establish a set-aside program under which producers on a farm may remove acres from production for the following crop year. ``(2) Eligibility.--To be eligible to enroll acres in the set-aside program under paragraph (1), the producers on a farm shall be required to have produced the applicable market commodity during at least 1 of the last 2 crop years, as determined by the Secretary. ``(3) Requirements.-- ``(A) Cover crop.-- ``(i) In general.--As a condition on participation in the set-aside program, producers on a farm shall be required to maintain an approved cover crop on all enrolled acreage. ``(ii) Planting flexibility.--Producers on a farm may plant any crop on acreage not enrolled in the set-aside program. ``(B) Secretarial discretion.--If the Secretary establishes a set-aside program under paragraph (1), the Secretary shall determine, at the discretion of the Secretary-- ``(i) the amount of the payment to be made to producers that elect to participate in the set-aside program; ``(ii) the percentage of the total acreage planted to the market commodity that the producers are required to remove from production as a condition of participation; and ``(iii) the extent to which grazing and other noncommercial uses of the land enrolled in the set-aside program shall be permitted.''. (b) Conforming Amendments.-- (1) Section 1001 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702) is amended-- (A) in paragraph (4)-- (i) by striking ``wheat, corn, grain sorghum, barley, oats''; and (ii) by striking ``soybeans''; and (B) in paragraph (8)-- (i) by striking ``wheat, corn, grain sorghum, barley, oats''; and (ii) by striking ``soybeans''. (2) Section 1103(b) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713) is amended-- (A) by striking paragraphs (1), (2), (3), (4), (5), and (9); and (B) by redesignating paragraphs (6), (7), (8), and (10) as paragraphs (1), (2), (3), and (4), respectively. (3) Section 1104(c)(3) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8714(c)(3)) is amended-- (A) by striking subparagraphs (A), (B), (C), (D), (E), and (I); and (B) by redesignating subparagraphs (F), (G), and (H) and (J) through (N) as subparagraphs (A), (B), and (C) and (D) through (H), respectively. (4) Section 1202(c) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8732(c)) is amended-- (A) by striking paragraphs (1), (2), (3), (4), (5), and (10); and (B) by redesignating paragraphs (6) through (9) and (11) through (19) as paragraphs (1) through (4) and (5) through (13), respectively. (c) Application.--The amendments made by this section apply beginning with the 2014 crop of a market commodity (as defined in section 1211(a) of the Food, Conservation, and Energy Act of 2008 (as added by subsection (a))).", "summary": "Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture (USDA), for each of the 2014-2018 crops of each market commodity, to make recourse loans available to producers on a farm electing to participate in the program. Sets forth: (1) the recourse loan rate for corn, oats, barley, grain sorghum, wheat, and soybeans; and (2) market commodity-specific limitations on participation (inventory caps) for such crops. Requires participating producers, until the Secretary authorizes loan repayment and release, to: (1) store and maintain the market commodity, and (2) not sell or otherwise release the commodity into the market. Provides that during such storage period: (1) title to the commodity shall remain with the producers, and (2) the Secretary shall have a first lien on the commodity for which a recourse loan is received. Provides USDA payments to producers at $0.40 per bushel per crop year. Authorizes the Secretary to establish a partial commodity release if the market release of all of the stored commodity would depress prices below the release level. Authorizes the Secretary to establish a set-aside program under which qualifying producers on a farm may remove acres from production for the following crop year if the inventory cap for a commodity is reached and such commodity's market price is below the recourse loan rate. Requires participating producers to maintain a cover crop on all enrolled acreage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Just One Act of 2013''. SEC. 2. TREATMENT OF EMPLOYMENT ASSISTANCE VOUCHER PROGRAMS. (a) Use of Unemployment Fund for Employment Assistance Voucher Program.-- (1) State law.--Section 3304(a)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (F), by inserting ``and'' at the end of subparagraph (G), and by adding at the end the following new subparagraph: ``(H) during the 120-day period beginning on the date of the enactment of the Hire Just One Act of 2013, amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in section 3306(v));''. (2) Permissible expenditures.--Section 3306(f) of such Code is amended-- (A) by striking ``and'' at the end of paragraph (5), (B) by redesignating the paragraph relating to the self-employment assistance program as paragraph (6) and striking the period at the end of such paragraph and inserting ``; and'', and (C) by adding at the end the following new paragraph: ``(7) during the 120-day period beginning on the date of the enactment of the Hire Just One Act of 2013, amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in subsection (v)).''. (b) Employment Assistance Voucher Program Defined.--Section 3306 of such Code is amended by adding at the end the following new subsection: ``(v) Employment Assistance Voucher Program.--For the purposes of this chapter-- ``(1) In general.--The term `employment assistance voucher program' means a program under which-- ``(A) an eligible individual is issued an employment assistance voucher, ``(B) upon employment with an employer described in paragraph (5)-- ``(i) the eligible individual transfers the employment assistance voucher to the employer, ``(ii) the individual ceases to receive unemployment compensation and is paid wages by the employer, and ``(iii) the employer receives payments upon presenting the voucher to the State, and ``(C) the program meets such other requirements as the Secretary of Labor determines to be appropriate. ``(2) Rules relating to unemployed individuals.--For purposes of paragraph (1)-- ``(A) Compensation.--Compensation pursuant to paragraph (1)(B)(ii) shall-- ``(i) not be less than 200 percent of the unemployment compensation otherwise payable to the individual on the date of the individual's employment under the employment assistance voucher program, ``(ii) not be less than the minimum wage (as specified in section 6 of the Fair Labor Standards Act of 1938), ``(iii) be payable for a period not to exceed the maximum number of remaining weeks of unemployment compensation (including supplemental and emergency) to which the employee would be entitled (but for participating in the employment assistance voucher program), determined as of the date of employment. ``(B) Termination of employment.--If, before the end of the period referred to in subparagraph (A)(iii), an individual's employment with an employer under the employment assistance voucher program is terminated for reasons other than cause, the individual is entitled to the remaining period of entitlement referred to in subparagraph (A)(iii) less the number of weeks of such employment. ``(C) Certain requirements not to apply.--State requirements relating to availability for work, active search for work, and refusal to accept work are not applicable to individuals participating in the employment assistance voucher program. ``(3) Employment assistance voucher.--The term `employment assistance voucher' means a voucher-- ``(A) obtained by an eligible individual pursuant to the State law, ``(B) payable to the employer of the eligible individual-- ``(i) at a rate determined under State law but not to exceed 90 percent of the amount of unemployment compensation to which the eligible individual is entitled, and ``(ii) on the same schedule as unemployment compensation would be payable to the individual but for employment under the employment assistance voucher program. ``(4) Eligible individual.--The term `eligible individual' means an individual who-- ``(A) is eligible to receive regular unemployment compensation under the State law, extended unemployment, or emergency unemployment or would be eligible to receive such compensation except for the requirements described in paragraph (1)(B), ``(B) is identified pursuant to a State worker profiling system as an individual likely to exhaust regular unemployment compensation, ``(C) immediately prior to employment by the eligible employer, was unemployed for not less than 6 months, and ``(D) is employed by an eligible employer. ``(5) Eligible employer.--The term `eligible employer' means an employer who agrees to the terms and conditions of employment under the unemployment assistance voucher program and who is approved by the State agency. ``(6) Treatment of participating individuals under federal and state law.--Individuals participating in an unemployment assistance voucher program shall be treated as unemployed for the purposes of Federal and State laws applicable to unemployment compensation, except that wages paid to the employee under such program shall be subject to Federal and State taxation to the same extent and in the same manner as wages generally. ``(7) Cost limiter.--A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the program does not result in any cost to the Unemployment Trust Fund (established by section 904(a) of the Social Security Act) in excess of the cost that would be incurred by such State and charged to such Fund, or to any Federal funds in the system if the State had not participated in such program. ``(8) Prevention of employment termination to participate in program.--A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the State has in effect measures to prevent employers from terminating employment for purposes of participating in the employment assistance voucher program. ``(9) Prevention in terminating employees during program.-- A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the State has in effect measures to recoup payments made to an employer under the program if the employer has terminated from employment more employees during the 120-day period referred to in section 3304(a)(4)(H) than the employer has hired under the program.''. (c) Conforming Amendment.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``; and'' and inserting ``: Provided further, That amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in section 3306(v) of the Internal Revenue Code of 1986); and''. (d) State Reports.--Any State operating an employment assistance voucher program approved by the Secretary of Labor pursuant to section 3304(a)(4)(H) of the Internal Revenue Code of 1986 (as added by this section) shall report annually to the Secretary on the number of individuals who participate in the program, the operating costs of the program, compliance with program requirements, and any other relevant aspects of program operations requested by the Secretary. (e) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall submit a report to the Congress with respect to the operation of the employment assistance voucher program. Such report shall be based on the reports received from the States pursuant to subsection (d) and include such other information as the Secretary of Labor determines is appropriate. (f) Effective Date.--The provisions of this section and the amendments made by this section shall take effect on the date of the enactment of this Act.", "summary": "Hire Just One Act of 2013 - Amends the Internal Revenue Code to allow states, for a 120-day period beginning on the enactment date of this Act, to implement an employment assistance voucher program, in lieu of paying unemployment compensation directly to employees, under which an eligible individual is issued an employment assistance voucher and is hired by a participating employer who receives a subsidy from the state for the wages paid to the employee. Defines an "eligible employee" as an individual who has been unemployed for at least six months, who is eligible for unemployment compensation, and who is likely to exhaust such compensation. Requires a state program issuing employment assistance vouchers to have in effect measures to recoup subsidies made to an employer if such employer has terminated more employees during the 120-day period than such employer has hired under the program."}
{"article": "SECTION 1. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Increased Exclusion.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (50-percent exclusion for gain from certain small business stock) is amended-- (A) by striking ``50 percent'' and inserting ``75 percent'', and (B) by striking ``50-Percent'' in the heading and inserting ``75-Percent''. (2) Conforming amendments.-- (A) Paragraph (8) of section 1(h) of such Code is amended to read as follows: ``(8) Section 1202 gain.--For purposes of this subsection, the term `section 1202 gain' means an amount equal to 25 percent of the gain which would be excluded from gross income under section 1202(a) without regard to the 75 percent limitation in such section.'' (B) The heading for section 1202 of such Code is amended by striking ``50-percent'' and inserting ``75- percent''. (C) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking ``50-percent'' in the item relating to section 1202 and inserting ``75-percent''. (b) Reduction in Holding Period.-- (1) In general.--Subsection (a) of section 1202 of such Code is amended by striking ``5 years'' and inserting ``3 years''. (2) Conforming amendment.--Subsections (g)(2)(A) and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``3 years''. (c) Exclusion Available to Corporations.-- (1) In general.--Subsection (a) of section 1202 of such Code is amended by striking ``other than a corporation''. (2) Technical amendment.--Subsection (c) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Stock held among members of controlled group not eligible.--Stock of a member of a parent-subsidiary controlled group (as defined in subsection (d)(3)) shall not be treated as qualified small business stock while held by another member of such group.'' (d) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 of such Code (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (e) Stock of Larger Businesses Eligible for Exclusion.-- (1) In general.--Paragraph (1) of section 1202(d) of such Code (defining qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$300,000,000''. (2) Inflation adjustment.--Section 1202(d) of such Code is amended by adding at the end the following: ``(4) Inflation adjustment of asset limitation.--In the case of stock issued in any calendar year after 1999, the $300,000,000 amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1998' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.'' (f) Repeal of Per-Issuer Limitation.--Section 1202 of such Code is amended by striking subsection (b). (g) Other Modifications.-- (1) Repeal of working capital limitation.--Section 1202(e)(6) of such Code (relating to working capital) is amended-- (A) in subparagraph (B), by striking ``2 years'' and inserting ``5 years''; and (B) by striking the last sentence. (2) Exception from redemption rules where business purpose.--Section 1202(c)(3) of such Code (relating to certain purchases by corporation of its own stock) is amended by adding at the end the following: ``(D) Waiver where business purpose.--A purchase of stock by the issuing corporation shall be disregarded for purposes of subparagraph (B) if the issuing corporation establishes that there was a business purpose for such purchase and one of the principal purposes of the purchase was not to avoid the limitations of this section.'' (h) Qualified Trade or Business.--Section 1202(e)(3) of such Code (defining qualified trade or business) is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (i) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section apply to stock issued after the date of enactment of this Act. (2) Special rule.--The amendments made by subsections (a), (c), (e), (f), and (g)(1) apply to stock issued after August 10, 1993. SEC. 2. INCREASED EXCLUSION FOR INCENTIVE STOCK OPTIONS; EXCEPTION FROM ALTERNATIVE MINIMUM TAX. (a) Increased Exclusion.--Subsection (d) of section 422 of the Internal Revenue Code of 1986 (relating to $100,000 per year limitation) is amended by striking ``$100,000'' each place it appears and inserting ``$200,000''. (b) Exception From Alternative Minimum Tax.--Subsection (b) of section 56 of such Code is amended by striking paragraph (3). (c) Effective Date.--The amendments made by this section shall apply to options exercised in calendar years beginning after the date of the enactment of this Act.", "summary": "Amends Internal Revenue Code provisions concerning the exclusion of gain from certain small business stock to, among other things: (1) increase from 50 to 75 percent the amount of gain excluded from the sale certain small business stock; (2) reduce from five to three years the holding period applicable to such a sale; (3) make such exclusion available to corporations; and (4) make the stock of larger businesses eligible. Doubles the annual limitation on incentive stock options."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Telemedicine and Medical Informatics Demonstration Act of 1996''. SEC. 2. INFORMATICS, TELEMEDICINE, AND EDUCATION DEMONSTRATION PROJECT. (a) Purpose and Authorization.-- (1) In general.--Under section 1142 of the Social Security Act and consistent with this section, the Secretary of Health and Human Services, through the Agency for Health Care Policy and Research, shall make a grant to an eligible grantee to provide for a project to demonstrate the application of high- capacity computing and advanced networks to the provision of health care to both residents of medically underserved rural areas and residents of medically underserved inner-city areas. (2) Focus.--The project shall focus on-- (A) improvements in primary care (and prevention of complications) for those residents with diabetes (mellitus), and (B) those residents who are Medicare beneficiaries. (3) Duration of project.--The project shall be conducted over a 4-year period. (4) Authorization of appropriations; medicare and medicaid waiver authority.--The total amount of Federal expenditures that may be provided pursuant to this section under the project shall not exceed $30,000,000. Subject to such limitation, the Secretary may waive such provisions of title XVIII and XIX of the Social Security Act as may be appropriate in order to permit and demonstrate the provision of Medicare and Medicaid funding under the project. (b) Objectives of Project.--The objectives of the project include the following: (1) Improving patient access to and compliance with appropriate care guidelines for chronic diseases through direct telecommunications link with information networks in order to improve patient quality-of-life and reduce overall health care costs. (2) Developing a curriculum to train, and providing standards for credentialing and licensure of, health professionals (particularly primary care health professionals) in the use of medical informatics and telecommunciations. (3) Demonstrating the application of advanced technologies, such as video-conferencing from a patient's home, remote monitoring of a patient's medical condition, interventional informatics, and applying individualized, automated care guidelines, to assist primary care providers in assisting patients with chronic illnesses in a home setting. (4) Application of medical informatics to residents with limited English language skills. (5) Developing standards in the application of telemedicine and medical informatics. (6) Developing a model for the cost-effective delivery of primary and related care both in a managed care environment and in a fee-for-service environment. (c) Eligible Grantee.--For purposes of this section, the term ``eligible grantee'' means a consortium that includes at least one tertiary care hospital, at least one medical school, and at least one regional telecommunications provider and that meets the following requirements: (1) The consortium is located in an area with a high concentration of medical schools and tertiary care facilities and has appropriate arrangements (within or outside the consortium) with such schools and facilities, universities, and telecommunications providers, in order to conduct the project. (2) The consortium submits to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the use to which the consortium would apply any amounts received under the project and the source and amount of non-Federal contribution towards the project. (3) The consortium demonstrates that it will provide for a contribution toward the project from non-Federal funds or resources in an amount that is not less than 50 percent of the total amount to be expended in carrying out the project. (d) Use of Funds.-- (1) In general.--Federal payments made available to an eligible grantee under this section shall be used for the development and operation of telemedicine and medical informatics systems and related activities under the project. (2) Specific uses permitted.--Such payments may be used for any of the following: (A) The acquisition of telemedicine equipment for use in patients' homes (but only in the case of patients located in medically underserved areas). (B) Curriculum development and training of health professionals in medical informatics and telemedicine. (C) Payment of telecommunications costs (including salaries and maintenance of equipment), including costs of telecommunications between patients' homes and the eligible grantee and between the grantee and other entities under the arrangements described in subsection (c)(1). (D) Payments to practitioners and providers under the Medicare and Medicaid programs. (3) Prohibited uses.--Such payments may not be used for any of the following: (A) The purchase or installation of transmission equipment (other than such equipment used by health professionals to deliver medical informatics services under the project). (B) The establishment or operation of a telecommunications common carrier network. (C) Construction (except for minor renovations related to the installation of reimbursable equipment) or the acquisition or building of real property. (e) Reports.--The Secretary shall submit to the Committees on Ways and Means and Commerce of the House of Representatives and the Committees on Finance and Labor and Human Resources of the Senate interim reports on the project and a final report on the project within 6 months after the conclusion of the project. The final report shall include an evaluation of the impact of the use of telemedicine and medical informatics on improving access of medicare and medicaid beneficiaries to health care services, on reducing the costs of such services, and on improving the quality of life of such beneficiaries. (f) Definitions.--For purposes of this section: (1) Interventional informatics.--The term ``interventional informatics'' means using information technology and virtual reality technology to intervene in patient care. (2) Medical informatics.--The term ``medical informatics'' means the storage, retrieval, and use of biomedical and related information for problem solving and decision-making through computing and communications technologies. (3) Project.--The term ``project'' means the demonstration project under this section. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.", "summary": "Medicare Telemedicine and Medical Informatics Demonstration Act of 1996 - Directs the Secretary of Health and Human Services, through the Agency for Health Care Policy and Research, to make a grant to a consortium meeting specified criteria to provide for a project for the development and operation of telemedicine and medical informatics systems to demonstrate the application of high-capacity computing and advanced networks to the provision of health care to residents of medically underserved rural and inner-city areas. Requires the project to focus on Medicare beneficiaries and on improvements in primary care (and prevention of complications) for residents with diabetes (mellitus). Lists project objectives, which include improving patient access to and compliance with appropriate care guidelines for chronic diseases through direct telecommunications link with information networks in order to improve patient quality-of-life and reduce overall health care costs. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Infrastructure Privatization Act''. SEC. 2. TAX-EXEMPT FINANCING OF QUALIFIED HIGHWAY INFRASTRUCTURE CONSTRUCTION. (a) Treatment as Exempt Facility Bond.--Subsection (a) of section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond) is amended by striking ``or'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, or'', and by adding at the end the following: ``(13) qualified highway infrastructure projects.'' (b) Qualified Highway Infrastructure Projects.--Section 142 of such Code is amended by adding at the end the following: ``(k) Qualified Highway Infrastructure Projects.-- ``(1) In general.--For purposes of subsection (a)(13), the term `qualified highway infrastructure project' means a project-- ``(A) for the construction or reconstruction of a highway, and ``(B) designated under paragraph (2) as an eligible pilot project. ``(2) Eligible pilot project.-- ``(A) In general.--The Secretary of Transportation, in consultation with the Secretary of the Treasury, shall select not more than 15 highway infrastructure projects to be pilot projects eligible for tax-exempt financing. ``(B) Eligibility criteria.--The Secretary of Transportation shall establish criteria for the selection of projects under subparagraph (A), except that no project may be selected unless the project-- ``(i) serves the general public; ``(ii) is necessary to evaluate the potential of the private sector's participation in the provision of the highway infrastructure of the United States; ``(iii) is located on publicly owned rights-of-way; ``(iv) is publicly owned or the ownership of the highway constructed or reconstructed under the project reverts to the public; and ``(v) is consistent with a transportation plan developed pursuant to section 134(g) or 135(e) of title 23, United States Code. ``(3) Aggregate face amount of tax-exempt financing.-- ``(A) In general.--An issue shall not be treated as an issue described in subsection (a)(13) if the aggregate face amount of bonds issued pursuant thereto (when added to the aggregate face amount of bonds previously so issued and outstanding) exceeds $15,000,000,000. ``(B) Allocation.--The Secretary of Transportation shall allocate the amount described in subparagraph (A) among the eligible pilot projects designated under paragraph (2). ``(C) Reallocation.--If any portion of an allocation under subparagraph (B) is unused on the date which is 3 years after such allocation, the Secretary of Transportation may reallocate such portion among the remaining eligible pilot projects.'' (c) Exemption From General State Volume Caps.--Paragraph (3) of section 146(g) of such Code (relating to exception for certain bonds) is amended-- (1) by striking ``or (12)'' and inserting ``(12), or (13)'', and (2) by striking ``and environmental enhancements of hydroelectric generating facilities'' and inserting ``environmental enhancements of hydroelectric generating facilities, and qualified highway infrastructure projects''. (d) Report.-- (1) In general.--Not later than the earlier of-- (A) one year after either one-half of the projects authorized under section 142(k) of the Internal Revenue Code of 1986 have been identified or one-half of the total bonds allowable for such projects under such section have been issued, or (B) seven years after the date of the enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of the Treasury, shall submit to the Committees on Finance and Environment and Public Works of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives the report described in paragraph (2). (2) Contents.--The report under paragraph (1) shall evaluate the overall success of the program conducted pursuant to the amendments made by this Act, including-- (A) a description of each project, (B) the extent to which such projects used new technologies, construction techniques, or innovative cost controls which resulted in savings in building the project, and (C) the use and efficiency of the Federal tax subsidy provided by the bond financing. (e) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.", "summary": "Highway Infrastructure Privatization Act - Amends the Internal Revenue Code to provide for the treatment of a qualified highway infrastructure project bond as an exempt facility bond. Directs the Secretary of the Treasury to select no more than 15 highway infrastructure projects as pilot projects eligible for tax-exempt financing."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Spending Control Act of 2004''. SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. (a) Discretionary Spending Limits.--(1) Section 251(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2005'', by redesignating the remaining portion of such paragraph as subparagraph (B) and by moving it two ems to the right, and by inserting after the dash the following new subparagraph: ``(A) for the general purpose discretionary category: $____ in new budget authority and $____ in outlays; and''. (2) Section 251(c)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2006'', by redesignating the remaining portion of such paragraph as subparagraph (B) and by moving it two ems to the right, and by inserting after the dash the following new subparagraph: ``(A) for the general purpose discretionary category: $____ in new budget authority and $____ in outlays; and''. (3) Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by redesignating paragraphs (4) through (9) as paragraphs (7) through (12) and inserting after paragraph (3) the following new paragraphs: ``(4) with respect to fiscal year 2007 for the general purpose discretionary category: $____ in new budget authority and $____ in outlays; ``(5) with respect to fiscal year 2008 for the general purpose discretionary category: $____ in new budget authority and $____ in outlays; and ``(6) with respect to fiscal year 2009 for the general purpose discretionary category: $____ in new budget authority and $____ in outlays;''. (b) Advance Appropriations.--Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subsection: ``(d) Advance Appropriations.--In any of fiscal years 2005 through 2009, discretionary advance appropriations provided in appropriation Acts in excess of $____ shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted.''. SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT. (a) Purpose.--Section 252(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(a) Purpose.--The purpose of this section is to assure that any legislation that is enacted before October 1, 2009, that causes a net increase in direct spending will trigger an offsetting sequestration.''. (b) Timing.--Section 252(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``any net deficit increase'' and all that follows through ``2002,'' and by inserting ``any net increase in direct spending enacted before October 1, 2009,''. (c) Calculation of Direct Spending Increase.--Section 252(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by striking ``deficit'' the first place it appears and inserting ``direct spending''; (2) in subparagraph (A) by striking ``and receipts''; (3) in subparagraph (C) by striking ``and receipts''; and (4) by amending the heading to read as follows: ``Calculation of direct spending increase.--''. (d) Conforming Amendments.--(1) The heading of section 252(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``Eliminating a Direct Spending Increase.-- ''. (2) Paragraphs (1), (2), and (4) of section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking ``or receipts'' each place it appears. (3) Section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``or receipts'' and by striking ``, outlays, and receipts'' and inserting ``and outlays''. (4) Section 254(c)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (A) in subparagraph (A) by striking ``net deficit increase or decrease'' and by inserting ``net increase or decrease in direct spending''; (B) in subparagraph (B) by striking ``amount of deficit increase or decrease'' and by inserting ``increase or decrease in direct spending''; and (C) in subparagraph (C) by striking ``a deficit increase'' and by inserting ``an increase in direct spending''. SEC. 4. DEFINITIONS. (a) In General.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraphs: ``(20) The term `advance appropriation' means appropriations that first become available one fiscal year or more beyond the fiscal year for which an appropriation Act making such funds available is enacted. ``(21)(A) Except as provided by subparagraph (B), the term `emergency requirement' means any provision that provides new budget authority and resulting outlays for a situation that poses a threat to life, property, or national security and is-- ``(i) sudden, quickly coming into being, and not building up over time; ``(ii) an urgent, pressing, and compelling need requiring immediate action; ``(iii) subject to subparagraph (B), unforeseen, unpredictable, and unanticipated; and ``(iv) not permanent, temporary in nature. ``(B) An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen.''. (b) Contingency Operations Related to Global War on Terrorism.-- Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: ``(I) Contingency operations related to global war on terrorism.--If supplemental appropriations for discretionary accounts are enacted for contingency operations related to the global war on terrorism that, pursuant to this subparagraph, the President designates as a contingency operation related to the global war on terrorism and the Congress so designates in statute, the adjustment shall be the total of such appropriations in discretionary accounts so designated and the outlays flowing in all fiscal years from such appropriations.''. (c) Conforming Amendment.--The second sentence of section 250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``The general purpose discretionary category shall consist of accounts designated in the joint explanatory statement of managers accompanying the conference report on the Spending Control Act of 2004.''. SEC. 5. PROJECTIONS UNDER SECTION 257. Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after paragraph (6) the following new paragraph: ``(7) Emergencies.--New budgetary resources designated under section 251(b)(2)(A) or 251(b)(2)(I) shall not be assumed beyond the fiscal year for which they have been enacted.''. SEC. 6. EXCEPTION FOR OUTLAY COMPONENTS OF EXPIRING RECEIPTS LEGISLATION. Section 252(d)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``and'' at the end of subparagraph (A), by striking the period and inserting ``; and'' at the end of subparagraph (B), and by adding at the end the following new subparagraph: ``(C) extending provisions in the Economic Growth and Tax Relief Reconciliation Act of 2001 or provisions in sections 101 through 104, section 202, or sections 301 and 302 of the Jobs and Growth Tax Relief Reconciliation Act of 2003.''. SEC. 7. REPORTS. Subsections (c)(2) and (f)(2)(A) of section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking ``2002'' and inserting ``2009''. SEC. 8. EXPIRATION. Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2009'' and by striking ``2006'' and inserting ``2013''. SEC. 9. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985. Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) In section 250(a), strike ``SEC. 256. GENERAL AND SPECIAL SEQUESTRATION RULES'' and insert ``Sec. 256. General and special sequestration rules'' in the item relating to section 256. (2) In subparagraphs (F), (G), (H), (I), (J), and (K) of section 250(c)(4), insert ``subparagraph'' after ``described in'' each place it appears. (3) In section 250(c)(18), insert ``of'' after ``expenses''. (4) In section 251(b)(1)(A), strike ``committees'' the first place it appears and insert ``Committees''. (5) In section 251(b)(1)(C)(i), strike ``fiscal years'' and insert ``fiscal year''. (6) In section 251(b)(1)(D)(ii), strike ``fiscal years'' and insert ``fiscal year''. (7) In section 252(b)(2)(B), insert ``the'' before ``budget year''. (8) In section 252(c)(1)(C)(i), strike ``paragraph (1)'' and insert ``subsection (b)''. (9) In section 254(c)(3)(A), strike ``subsection'' and insert ``section''. (10) In section 254(f)(4), strike ``subsection'' and insert ``section'' and strike ``sequesterable'' and insert ``sequestrable''. (11) In section 255(g)(1)(B), move the fourteenth undesignated clause 2 ems to the right. (12) In section 255(g)(2), insert ``and'' after the semicolon at the end of the next-to-last undesignated clause. (13) In section 255(h)-- (A) strike ``and'' after the semicolon in the ninth undesignated clause; (B) insert ``and'' after the semicolon at the end of the tenth undesignated clause; and (C) strike the semicolon at the end and insert a period. (14) In section 256(k)(1), strike ``paragraph (5)'' and insert ``paragraph (6)''. (15) In section 257(b)(2)(A)(i), strike ``differenes'' and insert ``differences''.", "summary": "Spending Control Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish for FY 2005 through 2009 unspecified discretionary spending limits (spending caps) for the general purpose discretionary category in new budget authority and outlays. Provides that, in any of such fiscal years, discretionary advance appropriations provided in appropriation Acts in excess of an unspecified amount shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted. Extends PAY-AS-YOU-GO requirements through FY 2009 to provide for an offsetting sequestration for direct spending (currently, direct spending and receipts) legislation that is enacted before October 1, 2009, that causes a net increase in direct spending (currently, net deficit increase). Modifies the formula used to calculate the amount of direct spending (currently, deficit) increase to exclude receipts. Provides that, if supplemental appropriations for discretionary accounts are enacted for contingency operations related to the global war on terrorism that the President designates and Congress so designates in statute, the adjustment shall be the total of such appropriations in discretionary accounts so designated and the outlays flowing in all fiscal years from them. States that the general purpose discretionary category shall consist of accounts designated in the joint explanatory statement of managers accompanying the conference report on this Act. Makes revisions to the baseline calculation for discretionary appropriations to prohibit the assumption beyond the fiscal year for which they have been enacted of any new budget resources designated by the President and by Congress in statute for emergency appropriations or for supplemental appropriations for contingency operations related to global war on terrorism. Requires the Office of Management and Budget (OMB) cost estimates on direct spending or receipts legislation to exclude any amount resulting from extending provisions in the Economic Growth and Tax Relief Reconciliation Act of 2001 or in the Growth Tax Relief Reconciliation Act of 2003 relating to certain individual tax rate reductions, tax benefits to children, and marriage penalty relief. Requires the estimates set forth in the discretionary sequestration preview reports and such final reports issued by OMB and the Congressional Budget Office to include the current year and each subsequent year through FY 2009. Extends: (1) certain budget enforcement requirements through FY 2009; and (2) PAY-AS-YOU-GO requirements through FY 2013."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Student Loans Affordable Act of 2013''. SEC. 2. INTEREST RATE EXTENSION. Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)(7)(D)) is amended-- (1) in the matter preceding clause (i), by striking ``and before July 1, 2013,'' and inserting ``and before July 1, 2014,''; and (2) in clause (v), by striking ``and before July 1, 2013,'' and inserting ``and before July 1, 2014,''. SEC. 3. MODIFICATIONS OF REQUIRED DISTRIBUTION RULES FOR PENSION PLANS. (a) In General.--Section 401(a)(9)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Required distributions where employee dies before entire interest is distributed.-- ``(i) 5-year general rule.--A trust shall not constitute a qualified trust under this section unless the plan provides that, if an employee dies before the distribution of the employee's interest (whether or not such distribution has begun in accordance with subparagraph (A)), the entire interest of the employee will be distributed within 5 years after the death of such employee. ``(ii) Exception for eligible designated beneficiaries.--If-- ``(I) any portion of the employee's interest is payable to (or for the benefit of) an eligible designated beneficiary, ``(II) such portion will be distributed (in accordance with regulations) over the life of such eligible designated beneficiary (or over a period not extending beyond the life expectancy of such beneficiary), and ``(III) such distributions begin not later than 1 year after the date of the employee's death or such later date as the Secretary may by regulations prescribe, then, for purposes of clause (i) and except as provided in clause (iv) or subparagraph (E)(iii), the portion referred to in subclause (I) shall be treated as distributed on the date on which such distributions begin. ``(iii) Special rule for surviving spouse of employee.--If the eligible designated beneficiary referred to in clause (ii)(I) is the surviving spouse of the employee-- ``(I) the date on which the distributions are required to begin under clause (ii)(III) shall not be earlier than the date on which the employee would have attained age 70\\1/ 2\\, and ``(II) if the surviving spouse dies before the distributions to such spouse begin, this subparagraph shall be applied as if the surviving spouse were the employee. ``(iv) Rules upon death of eligible designated beneficiary.--If an eligible designated beneficiary dies before the portion of an employee's interest described in clause (ii) is entirely distributed, clause (ii) shall not apply to any beneficiary of such eligible designated beneficiary and the remainder of such portion shall be distributed within 5 years after the death of such beneficiary.''. (b) Definition of Eligible Designated Beneficiary.--Section 401(a)(9)(E) of the Internal Revenue Code of 1986 is amended to read as follows: ``(E) Definitions and rules relating to designated beneficiary.--For purposes of this paragraph-- ``(i) Designated beneficiary.--The term `designated beneficiary' means any individual designated as a beneficiary by the employee. ``(ii) Eligible designated beneficiary.-- The term `eligible designated beneficiary' means, with respect to any employee, any designated beneficiary who, as of the date of death of the employee, is-- ``(I) the surviving spouse of the employee, ``(II) subject to clause (iii), a child of the employee who has not reached majority (within the meaning of subparagraph (F)), ``(III) disabled (within the meaning of section 72(m)(7)), ``(IV) a chronically ill individual (within the meaning of section 7702B(c)(2), except that the requirements of subparagraph (A)(i) thereof shall only be treated as met if there is a certification that, as of such date, the period of inability described in such subparagraph with respect to the individual is an indefinite one that is reasonably expected to be lengthy in nature), or ``(V) an individual not described in any of the preceding subparagraphs who is not more than 10 years younger than the employee. ``(iii) Special rule for children.--Subject to subparagraph (F), an individual described in clause (ii)(II) shall cease to be an eligible designated beneficiary as of the date the individual reaches majority and the requirement of subparagraph (B)(i) shall not be treated as met with respect to any remaining portion of an employee's interest payable to the individual unless such portion is distributed within 5 years after such date.''. (c) Required Beginning Date.--Section 401(a)(9)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(v) Employees becoming 5-percent owners after age 70\\1/2\\.--If an employee becomes a 5- percent owner (as defined in section 416) with respect to a plan year ending in a calendar year after the calendar year in which the employee attains age 70\\1/2\\, then clause (i)(II) shall be applied by substituting the calendar year in which the employee became such an owner for the calendar year in which the employee retires.''. (d) Effective Dates.-- (1) In general.--Except as provided in this subsection, the amendments made by this section shall apply to distributions with respect to employees who die after December 31, 2013. (2) Required beginning date.-- (A) In general.--The amendment made by subsection (c) shall apply to employees becoming a 5-percent owner with respect to plan years ending in calendar years beginning before, on, or after the date of the enactment of this Act. (B) Special rule.--If-- (i) an employee became a 5-percent owner with respect to a plan year ending in a calendar year which began before January 1, 2013, and (ii) the employee has not retired before calendar year 2014, such employee shall be treated as having become a 5- percent owner with respect to a plan year ending in 2013 for purposes of applying section 401(a)(9)(C)(v) of the Internal Revenue Code of 1986 (as added by the amendment made by subsection (c)). (3) Exception for certain beneficiaries.--If a designated beneficiary of an employee who dies before January 1, 2014, dies after December 31, 2013-- (A) the amendments made by this section shall apply to any beneficiary of such designated beneficiary, and (B) the designated beneficiary shall be treated as an eligible designated beneficiary for purposes of applying section 401(a)(9)(B)(iv) of such Code (as in effect after the amendments made by this section). (4) Exception for certain existing annuity contracts.-- (A) In general.--The amendments made by this section shall not apply to a qualified annuity which is a binding annuity contract in effect on the date of the enactment of this Act and at all times thereafter. (B) Qualified annuity contract.--For purposes of this paragraph, the term ``qualified annuity'' means, with respect to an employee, an annuity-- (i) which is a commercial annuity (as defined in section 3405(e)(6) of such Code) or payable by a defined benefit plan, (ii) under which the annuity payments are substantially equal periodic payments (not less frequently than annually) over the lives of such employee and a designated beneficiary (or over a period not extending beyond the life expectancy of such employee or the life expectancy of such employee and a designated beneficiary) in accordance with the regulations described in section 401(a)(9)(A)(ii) of such Code (as in effect before such amendments) and which meets the other requirements of this section 401(a)(9) of such Code (as so in effect) with respect to such payments, and (iii) with respect to which-- (I) annuity payments to the employee have begun before January 1, 2014, and the employee has made an irrevocable election before such date as to the method and amount of the annuity payments to the employee or any designated beneficiaries, or (II) if subclause (I) does not apply, the employee has made an irrevocable election before the date of the enactment of this Act as to the method and amount of the annuity payments to the employee or any designated beneficiaries.", "summary": "Keep Student Loans Affordable Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to extend the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013, to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2014. Amends the Internal Revenue Code to modify rules for required distributions from tax-exempt pension plans to an employee who dies before such employee's entire interest is distributed to require such interest to be distributed within five years after the death of such employee, subject to exceptions for an eligible designated beneficiary and surviving spouse of such employee. Defines \"eligible designated beneficiary\" to include a disabled or chronically-ill individual. Exempts from such modification a binding annuity contract in effect on the enactment date of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Telecommuting and Air Quality Act''. SEC. 2. GRANT PROGRAM FOR DESIGN OF PILOT PROGRAM REGARDING TELECOMMUTING AS MEANS OF IMPROVING AIR QUALITY. (a) In General.-- (1) Grant for design of pilot program.--The Secretary of Transportation (in this section referred to as the ``Secretary'') shall make a grant to a nonprofit private entity that is knowledgeable on matters relating to air quality for the purpose of developing a design for the proposed pilot program described in subsection (b). The grant shall be made to the National Environmental Policy Institute (a nonprofit private entity incorporated under the laws of and located in the District of Columbia), if such Institute submits an application for the grant. (2) Administration of program.--The Secretary shall carry out this section (including subsection (c)(1)(C)) in collaboration with the Administrator of the Environmental Protection Agency and the Secretary of Energy. (b) Proposed Ozone Precursor Credit-Trading Pilot Program.-- (1) Definitions.--For purposes of this section: (A) The term ``participating employers'' means employers that voluntarily authorize and engage in telecommuting. (B) The term ``telecommuting'' means the use of telecommunications to perform work functions under circumstances in which the use of telecommunications reduces or eliminates the need to commute. (C) The term ``regulated entities'' means entities that are regulated under the Clean Air Act with respect to emissions of one or more ozone precursors. (D) The term ``ozone precursors'' means air pollutants that are precursors of ground level ozone. (E) The term ``VMTs'' means vehicle-miles-traveled. (2) Description of program.--For purposes of subsection (a)(1) and other provisions of this section, the proposed pilot program described in this subsection is a pilot program under which the following would occur: (A) Methods would be evaluated and developed for calculating reductions in emissions of ozone precursors that can be achieved as a result of reduced VMTs by telecommuting employees of participating employers. (B) The estimated reductions in such emissions for the periods of time involved would be deemed to be items that may be transferred by such employers to other persons, and for such purpose the employers would be issued certificates indicating the amount of the reductions achieved for the periods (referred to in this section as ``emission credits'') . (C) A commercial trading and exchange forum would be made available to the public for trading and exchanging emission credits. (D) Through the commercial trading and exchange forum, or through direct trades and exchanges with persons who hold the credits, regulated entities would obtain emission credits. (E) Regulated entities would present emission credits to the Federal Government or to the State involved (as applicable under the Clean Air Act) and the amounts of reductions in emissions of ozone precursors represented by the credits would for purposes of the Clean Air Act be deemed to assist in achieving compliance. (F) The Federal Government would explore means to facilitate the transfer of emission credits between participating employers and regulated and other entities. (c) Sites for Operation of Pilot Program.-- (1) In general.--The Secretary shall ensure that the design developed under subsection (a) includes recommendations for carrying out the proposed pilot program described in subsection (b) in each of the following geographic areas: (A) The greater metropolitan region of the District of Columbia (including areas in the States of Maryland and Virginia). (B) The greater metropolitan region of Los Angeles, in the State of California. (C) Three additional areas to be selected by the Secretary, after consultation with the grantee under subsection (a). (2) Consultation.--The Secretary shall require that, in carrying out paragraph (1) with respect to a geographic area, the grantee under subsection (a) consult with local governments and business organizations in the geographic area. (d) Study and Report.--The Secretary shall require that, in developing the design under subsection (a), the grantee under such subsection study and report to the Congress and to the Secretary the potential significance of the proposed pilot program described in subsection (b) as an incentive for expanding telecommuting and reducing VMTs in the geographic areas for which the design is developed, and the extent to which the program would have positive effects on-- (1) national, State, and local transportation and infrastructure policies; (2) energy conservation and consumption; (3) national, State, and local air quality; and (4) individual, family, and community quality of life. (e) Authorization of Appropriations.--For the purpose of making the grant under subsection (a), there is authorized to be appropriated $250,000 for fiscal year 2000. Amounts appropriated under the preceding sentence are available until expended.", "summary": "National Telecommuting and Air Quality Act - Directs the Secretary of Transportation to make a grant to a nonprofit private entity (specifically, the National Environmental Policy Institute, if it applies) for the purpose of developing a design for a proposed ozone precursor credit-trading pilot program in which: (1) methods would be evaluated and developed for calculating reductions in emissions of ozone precursors (air pollutants) that can be achieved as a result of reduced vehicle-miles-traveled (VMTs) by telecommuting employees; (2) regulated entities would present emission credits to the Federal Government or to the State (as applicable under the Clean Air Act) and the amounts of reductions in emissions of air pollutants represented by such credits would be for purposes of compliance with the Clean Air Act; and (3) the Federal Government would explore means to facilitate the transfer of emission credits between participating employers and regulated and other entities. Sets forth recommended sites for the operation of such pilot program, including: (1) the greater metropolitan region of the District of Columbia (including areas in Maryland and Virginia); (2) the greater metropolitan region of Los Angeles, California; and (3) three additional areas to be selected by the Secretary. Directs the Secretary to require the grantee to study and report to Congress and to the Secretary on the potential significance of the proposed pilot program as an incentive for expanding telecommuting and reducing VMTs in the geographic areas, and the extent to which it would have positive effects on national, State, and local air quality and energy conservation and consumption. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Preparedness Act of 2016''. SEC. 2. INFORMATION SHARING. Title II of the Homeland Security Act of 2002 is amended-- (1) in section 210A (6 U.S.C. 124h)-- (A) in subsection (b)-- (i) in paragraph (10), by inserting before the semicolon at the end the following: ``, including, in coordination with the national cybersecurity and communications integration center under section 227, accessing timely technical assistance, risk management support, and incident response capabilities with respect to cyber threat indicators, defensive measures, cybersecurity risks, and incidents (as such terms are defined in such section), which may include attribution, mitigation, and remediation, and the provision of information and recommendations on security and resilience, including implications of cybersecurity risks to equipment and technology related to the electoral process''; (ii) in paragraph (11), by striking ``and'' after the semicolon; (iii) by redesignating paragraph (12) as paragraph (14); and (iv) by inserting after paragraph (11) the following new paragraphs: ``(12) review information relating to cybersecurity risks that is gathered by State, local, and regional fusion centers, and incorporate such information, as appropriate, into the Department's own information relating to cybersecurity risks; ``(13) ensure the dissemination to State, local, and regional fusion centers of information relating to cybersecurity risks; and''; (B) in subsection (c)(2)-- (i) by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively; and (ii) by inserting after subparagraph (B) the following new subparagraph: ``(C) The national cybersecurity and communications integration center under section 227.''; (C) in subsection (d)-- (i) in paragraph (3), by striking ``and'' after the semicolon; (ii) by redesignating paragraph (4) as paragraph (5); and (iii) by inserting after paragraph (3) the following new paragraph: ``(4) assist, in coordination with the national cybersecurity and communications integration center under section 227, fusion centers in using information relating to cybersecurity risks to develop a comprehensive and accurate threat picture; and''; and (D) in subsection (j)-- (i) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and (ii) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) the term `cybersecurity risk' has the meaning given that term in section 227;''; and (2) in section 227 (6 U.S.C. 148)-- (A) in subsection (c)-- (i) in paragraph (5)(B), by inserting ``, including State and major urban area fusion centers, as appropriate'' before the semicolon at the end; (ii) in paragraph (7), in the matter preceding subparagraph (A), by striking ``information and recommendations'' each place it appears and inserting ``information, recommendations, and best practices''; and (iii) in paragraph (9), by inserting ``and best practices'' after ``defensive measures''; and (B) in subsection (d)(1)(B)(ii), by inserting ``and State and major urban area fusion centers, as appropriate'' before the semicolon at the end. SEC. 3. HOMELAND SECURITY GRANTS. Subsection (a) of section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended-- (1) by redesignating paragraphs (4) through (14) as paragraphs (5) through (15), respectively; and (2) by inserting after paragraph (3) the following new paragraph: ``(4) enhancing cybersecurity, including preparing for and responding to cybersecurity risks and incidents and developing State-wide cyber threat information analysis and dissemination activities;''. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that to facilitate the timely dissemination to appropriate State, local, and private sector stakeholders of homeland security information related to cyber threats, the Secretary of Homeland Security should, to the greatest extent practicable, work to share actionable information related to cyber threats in an unclassified form. Passed the House of Representatives September 26, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": "(This measure has not been amended since it was reported to the House on September 19, 2016. Cyber Preparedness Act of 2016 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security's (DHS's) State, Local, and Regional Fusion Center Initiative to coordinate with the national cybersecurity and communications integration center (NCCIC) to provide state, local, and regional fusion centers with expertise on DHS cybersecurity resources. (A fusion center serves as a focal point within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial, and private sector partners.) DHS must: (1) provide timely access to technical assistance, risk management support, and incident response capabilities for cybersecurity threat indicators, defensive measures, risks, and incidents, including cybersecurity risks to equipment and technology related to the electoral process; (2) review cybersecurity risk information gathered by fusion centers to incorporate into DHS's cybersecurity risk information; and (3) disseminate cybersecurity risk information to fusion centers. Fusion center officers or intelligence analysts may be assigned from the NCCIC. Such officers and analysts must assist fusion centers in using cybersecurity risk information to develop a comprehensive and accurate threat picture. The NCCIC may include, and must share analysis and best practices with, state and major urban area fusion centers. (Sec. 3) States, local or tribal governments, or high-risk urban areas receiving grants to protect against terrorism under the Urban Area Security Initiative or the State Homeland Security Grant Program may use the funds to: (1) prepare for and respond to cybersecurity risks and incidents, and (2) develop statewide cyber threat information analysis and dissemination activities. (Sec. 4) The bill expresses the sense of Congress that DHS should share actionable information related to cyber threats in an unclassified form to facilitate timely dissemination to state, local, and private sector stakeholders."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Liquefied Natural Gas Act of 2005''. SEC. 2. TERMS AND CONDITIONS FOR LIQUEFIED NATURAL GAS IMPORT TERMINALS. (a) Exportation or Importation of Natural Gas.--Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended to read as follows: ``exportation or importation of natural gas ``Sec. 3. (a) Authorization Order.--No person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. The Secretary shall issue such order upon application, unless, after opportunity for hearing, the Secretary finds that the proposed exportation or importation will not be consistent with the public interest. The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order as the Secretary may find necessary or appropriate. ``(b) Free Trade Agreements and Liquefied Natural Gas.--With respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and with respect to liquefied natural gas-- ``(1) the importation of such natural gas shall be treated as a `first sale' within the meaning of section 2(21) of the Natural Gas Policy Act of 1978; and ``(2) the Secretary of Energy shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis. ``(c) Application and Approval Process.--For purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay. ``(d) Authorization for Liquefied Natural Gas Import Terminals.-- (1) No person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured an order of the Federal Energy Regulatory Commission authorizing such person to do so. The Federal Energy Regulatory Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed siting, construction, expansion, or operation will not be consistent with the public interest. The Federal Energy Regulatory Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Federal Energy Regulatory Commission may find necessary or appropriate. ``(2) An order issued pursuant to paragraph (1) shall not be conditioned on-- ``(A) a requirement that the liquefied natural gas import terminal offer service to persons other than the person securing the order; ``(B) any regulation of the liquefied natural gas import terminal's rates, charges, terms, or conditions of service; or ``(C) a requirement to file with the Federal Energy Regulatory Commission schedules or contracts related to the liquefied natural gas import terminal's rates, charges, terms, or conditions of service. ``(3) Except as otherwise provided by Federal law, no State or local government may require a permit, license, concurrence, approval, certificate, or other form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. ``(4) Any decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal must be consistent with any authorization provided by the Federal Energy Regulatory Commission pursuant to this subsection with respect to the liquefied natural gas import terminal, and shall not prohibit or unreasonably delay the siting, construction, expansion, or operation. ``(5) Nothing in this subsection shall be construed to repeal or modify the authority under this section to authorize a person to import or export natural gas or to authorize facilities for the import or export of natural gas other than liquefied natural gas import terminals. ``(e) Schedule and Administrative Record.--(1) The Federal Energy Regulatory Commission shall approve or deny any application to site, construct, expand, or operate a liquefied natural gas import terminal under subsection (d) not later than 1 year after the application is complete. ``(2) With respect to each application under subsection (d), the Federal Energy Regulatory Commission shall establish a schedule for all Federal and State administrative proceedings commenced under authority of Federal law, the completion of which is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal, in order to ensure expeditious progress toward such siting, construction, expansion, or operation. The schedule shall also include all Federal and State administrative proceedings authorized by Federal law for the siting, construction, expansion, and operation of natural gas pipelines and facilities related to the transportation of liquefied natural gas or natural gas from the liquefied natural gas import terminal. In establishing the schedule, the Federal Energy Regulatory Commission shall, to the extent practicable, accommodate the applicable schedules established by Federal law for such proceedings. If a Federal or State administrative agency or officer fails to complete a proceeding in accordance with the schedule established by the Federal Energy Regulatory Commission, the action of the Federal or State administrative agency or officer that is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal shall be conclusively presumed and the siting, construction, expansion, or operation shall proceed without condition. ``(3) With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall compile a single administrative record which shall consolidate the records of the proceedings referred to in paragraph (2). ``(4) Any Federal administrative proceeding that is an appeal or review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal shall use as its exclusive record for all purposes the administrative record compiled by the Federal Energy Regulatory Commission under paragraph (3). ``(f) Judicial Review.--(1) Except for review by the Supreme Court of the United States on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to hear and determine any civil action for review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. The civil action shall be filed not later than 60 days after the decision or action described in this paragraph. ``(2) If a civil action referred to in paragraph (1) is filed, the Federal Energy Regulatory Commission shall file in the United States Court of Appeals for the District of Columbia Circuit the single administrative record compiled under subsection (e)(3) with respect to the liquefied natural gas import terminal named in the civil action. ``(g) Lead Agency.--With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall be the lead Federal agency for purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''. (b) Definition.--Section 2 of the Natural Gas Act (15 U.S.C. 717a) is amended by adding at the end the following new paragraph: ``(11) `Liquefied natural gas import terminal' includes all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas that is imported to the United States from a foreign country, but does not include the tankers used to deliver liquefied natural gas to such facilities.''.", "summary": "Liquefied Natural Gas Act of 2005 - Amends the Natural Gas Act to transfer from the Federal Energy Regulatory Commission (FERC) to the Secretary of Energy oversight functions regarding the exportation or importation of natural gas, including free trade agreements and liquefied natural gas. Declares that no person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured a FERC authorization. Prohibits any State or local government from requiring any form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal except as otherwise provided by Federal law. Prescribes guidelines for FERC oversight authority pertaining to scheduling and administrative proceedings. Defines liquefied natural gas import terminal as including all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas imported to the United States from a foreign country, but does excluding the tankers used to deliver liquefied natural gas to such facilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Administration Authorization Act for Fiscal Years 2000 and 2001''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2000 AND 2001. Funds are hereby authorized to be appropriated, as Appropriations Acts may provide, for the use of the Department of Transportation for the Maritime Administration as follows: (1) For expenses necessary for operations and training activities, not to exceed $72,164,000 for the fiscal year ending September 30, 2000. (2) For the costs, as defined in section 502 of the Federal Credit Reform Act of 1990, of guaranteed loans authorized by title XI of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1271 et seq.), $6,000,000, to be available until expended. In addition, for administrative expenses related to loan guarantee commitments under title XI of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1271 et seq.), $3,893,000. (3) For the fiscal year ending September 30, 2001, such sums as may be necessary. SEC. 3. AMENDMENTS TO TITLE XI OF THE MERCHANT MARINE ACT, 1936. (a) Section 1108(a) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1279a(a)) is amended by striking the language preceding the proviso and inserting in its place the following: ``(a) Creation.--If the proceeds of an obligation guaranteed under this title are to be used to finance the construction, reconstruction, or reconditioning of a vessel or vessels which will serve as security for the guarantee of the Secretary, the Secretary is authorized to accept and hold, in escrow under an escrow agreement with the obligor, proceeds of that obligation (together with such interest as may be earned thereon and, if required by the Secretary, an amount equal to 6 month's interest on the obligation). The Secretary may not release funds from the escrow until the Secretary first determines that the obligor has paid its portion of the actual cost of constructing, reconstructing, or reconditioning the vessel or vessels and, second, determines that the funds to be released are needed to pay, or make reimbursements in connection with payments previously made to the shipyard or other contractors for work performed, or to pay for other approved costs, with respect to the vessel or vessels.''. (b) Title XI of the Merchant Marine Act, 1936, is amended by inserting immediately after section 1108, the following new section: ``SEC. 1109. RESERVE FUNDS AND COLLATERAL ACCOUNTS. ``(a) Creation of Funds and Accounts.--There is hereby established in the Treasury a deposit fund into which the Secretary is authorized to deposit cash belonging to an obligor so long as the Secretary has a security interest in such cash. The account shall be governed by the terms of an agreement, as described hereunder, to be entered into by the Secretary and an obligor. ``(b) Terms of Agreement.--The Secretary and an obligor shall enter into a reserve fund or other collateral account agreement to govern the making of deposits and withdrawals and the retention, use, and reinvestment of the cash deposited under subsection (a) above. The agreement shall contain such terms and conditions as are further required hereunder and as are considered by the Secretary to be necessary to protect fully the interests of the United States. ``(c) Investment.--The Secretary is authorized to invest and reinvest any part of the cash of a reserve fund or collateral account in obligations of the United States with such maturities that these funds and accounts will be available as required for purposes of the agreement. Cash balances of the deposit fund in excess of current requirements shall be maintained in a form of uninvested funds and the Secretary of the Treasury shall pay interest on these funds. ``(d) Income.--The cash deposited in a reserve fund or collateral account may not be withdrawn without the consent of the Secretary. The Secretary may retain and offset any or all of the cash on deposit in a reserve fund or collateral account, and any income realized thereon, as part of the Secretary's recovery against an obligor that has defaulted on an obligation. In the absence of a default on an obligation, the Secretary may pay any income realized on a reserve fund or collateral account in accordance with the terms of the agreement.''. SEC. 4. AMENDMENTS TO TITLE IX OF THE MERCHANT MARINE ACT, 1936. (a) Title IX of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 101 et seq.) is amended by adding immediately after section 902 the following new section: ``SEC. 903. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS. ``The restrictions of section 901(b)(1) of this Act concerning the building, rebuilding, or documentation of a vessel in a foreign country shall not apply to dry bulk vessels and breakbulk vessels over 5,000 deadweight tons and constructed, reconstructed, or acquired in a foreign shipyard within one year of the date of enactment of this section and prior to enactment of the OECD Shipbuilding Trade Agreement Act, whichever occurs earlier, and have transferred to United States flag registry under section 12105 of title 46, United States Code, except that (1) such vessels have nonemergency shipyard repairs, and other shipyard work necessary to conform the vessel to United States flag standards, performed in a shipyard of the United States, (2) such vessels comply with the standards set forth in section 1137 of the Coast Guard Authorization Act of 1996 (46 App. U.S.C. 1187 note), (3) such vessels shall not be granted approval under section 9(e) of the Shipping Act, 1916, as amended on October 19, 1996, and (4) the provisions of section 607 of this Act shall not apply to vessels constructed, reconstructed, modified, or acquired pursuant to this section.''. (b) Section 901b(c)(2) of the Merchant Marine Act, 1936, as amended (46 U.S.C. App. 1241f(c)(2)) is amended by striking ``1986.'' and inserting ``1986, the 18-month period commencing April 1, 1999, and the 12-month period beginning on the first day of October in the year 2000 and each year thereafter.''. SEC. 5. EXTENSION OF WAR RISK INSURANCE AUTHORITY. Section 1214 of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1294) is amended by striking ``June 30, 2000'' and inserting ``June 30, 2005''. SEC. 6. TRANSPORTATION REPORT ON MARITIME ACTIVITIES. Section 208 of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1118) is amended by-- (1) striking ``and the Secretary of Transportation shall''; and (2) inserting ``and the Secretary of Transportation, by April 1 of each odd-numbered year, shall'' before ``make''. SEC. 7. OWNERSHIP OF THE JEREMIAH O'BRIEN. Section 3302 of title 46, United States Code, is amended by striking ``owned by the United States Maritime Administration'' and inserting in lieu thereof ``owned by the National Liberty Ship Memorial, Inc.''.", "summary": "(Sec. 3) Amends the Merchant Marine Act, 1936 to revise loan guarantee escrow fund provisions. Establishes a Treasury fund to hold related collateral, and provides for Secretary-obligor reserve funds. (Sec. 4) Exempts certain foreign-origin dry bulk and breakbulk cargo vessels that have transferred to United States flag registry from the three-year restriction on carrying U.S.- procured, furnished, or financially supported cargo (including agricultural cargo) (Sec. 5) Extends war risk insurance authority. (Sec. 6) Reduces specified United States Maritime Administration reporting requirements. (Sec. 7) Amends Federal law to state that ownership the vessel \"Jeremiah O'Brien\" shall belong to the National Liberty Ship Memorial, Inc., rather than the United States Maritime Administration."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hide No Harm Act of 2015''. SEC. 2. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. Failure to inform and warn. ``2083. Relationship to existing law. ``Sec. 2081. Definitions ``In this chapter-- ``(1) the term `appropriate Federal agency' means an agency with jurisdiction over a covered product, covered service, or business practice; ``(2) the term `business entity' means a corporation, company, association, firm, partnership, sole proprietor, or other business entity; ``(3) the term `business practice' means a method or practice of-- ``(A) manufacturing, assembling, designing, researching, importing, or distributing a covered product; ``(B) conducting, providing, or preparing to provide a covered service; or ``(C) otherwise carrying out business operations relating to covered products or covered services; ``(4) the term `covered product' means a product manufactured, assembled, designed, researched, imported, or distributed by a business entity that enters interstate commerce; ``(5) the term `covered service' means a service conducted or provided by a business entity that enters interstate commerce; ``(6) the term `responsible corporate officer' means a person who-- ``(A) is an employer, director, or officer of a business entity; ``(B) has the responsibility and authority, by reason of his or her position in the business entity and in accordance with the rules or practice of the business entity, to acquire knowledge of any serious danger associated with a covered product (or component of a covered product), covered service, or business practice of the business entity; and ``(C) has the responsibility, by reason of his or her position in the business entity, to communicate information about the serious danger to-- ``(i) an appropriate Federal agency; ``(ii) employees of the business entity; or ``(iii) individuals, other than employees of the business entity, who may be exposed to the serious danger; ``(7) the term `serious bodily injury' means an impairment of the physical condition of an individual, including as a result of trauma, repetitive motion, or disease, that-- ``(A) creates a substantial risk of death; or ``(B) causes-- ``(i) serious permanent disfigurement; ``(ii) unconsciousness; ``(iii) extreme pain; or ``(iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; ``(8) the term `serious danger' means a danger, not readily apparent to a reasonable person, that the normal or reasonably foreseeable use of, or the exposure of an individual to, a covered product, covered service, or business practice has an imminent risk of causing death or serious bodily injury to an individual; and ``(9) the term `warn affected employees' means take reasonable steps to give, to each individual who is exposed or may be exposed to a serious danger in the course of work for a business entity, a description of the serious danger that is sufficient to make the individual aware of the serious danger. ``Sec. 2082. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. ``(b) Penalty.-- ``(1) In general.--Whoever knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(c) Civil Action To Protect Against Retaliation.-- ``(1) Prohibition.--It shall be unlawful to knowingly discriminate against any person in the terms or conditions of employment, in retention in employment, or in hiring because the person informed a Federal agency, warned employees, or informed other individuals of a serious danger associated with a covered product, covered service, or business practice, as required under this section. ``(2) Enforcement action.-- ``(A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- ``(i) filing a complaint with the Secretary of Labor; or ``(ii) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(iii) Burdens of proof.--An action brought under subparagraph (A)(ii) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49. ``(iv) Statute of limitations.--An action under subparagraph (A) shall be commenced not later than 180 days after the date on which the violation occurs, or after the date on which the employee became aware of the violation. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(3) Remedies.-- ``(A) In general.--An employee prevailing in any action under paragraph (2)(A) shall be entitled to all relief necessary to make the employee whole. ``(B) Compensatory damages.--Relief for any action under subparagraph (A) shall include-- ``(i) reinstatement with the same seniority status that the employee would have had, but for the discrimination; ``(ii) the amount of back pay, with interest; and ``(iii) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. ``(4) Rights retained by employee.--Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(B) Predispute arbitration agreements.--No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this subsection. ``Sec. 2083. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 101 the following: ``101A. Reporting standards................................ 2081''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act.", "summary": "Hide No Harm Act of 2015 This bill amends the federal criminal code to make it a crime for a business entity or business executive to knowingly conceal information about its business practices or products that pose an imminent risk of death or serious physical injury to consumers and workplace danger. Specific requirements are set forth for what a business entity or business executive must do after acquiring knowledge of a serious danger associated with its business practices or products. If such an entity or executive fails to warn affected employees and other individuals of a serious danger, they are subject to a fine and/or prison term of five years. The bill makes it unlawful to knowingly discriminate or retaliate against an employee (i.e., a whistleblower) who warns other agencies or individuals of a serious danger associated with a product or service."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Fund for Israeli- Palestinian Peace Authorization Act of 2017''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Peaceful co-existence in the Middle East between Israelis and Palestinians, and between Muslims, Christians, Jews, and those of all backgrounds is in the interests of the United States, Israel, the Palestinian people, and the world. (2) While the United States and its international allies continue to support diplomatic and political negotiations between the representatives of the parties to the conflict as well as others, in the long run such efforts require broad popular support among people in order to succeed. In order to achieve lasting peace in the region, the people who live there must, over time, sustain any potential high-level agreements. (3) Through many independent individual and nongovernmental activities, tens of thousands of people of different backgrounds are already working together to build better relations between people, through people-to-people coexistence and trust-building measures, activities, and other cooperative efforts. (4) By working cooperatively on shared goals and addressing mutual understanding, participants in such activities, including youth, can come to reject violence and understand the promise of peaceful coexistence. (5) Through support for people-to-people exchanges in the region and joint economic initiatives, millions of ordinary citizens affected by this conflict can assist in building support for lasting peace. (6) Working together, the United States, countries around the world, and the private sector can, and often seek to support opportunities that, help sustain support for peace with the establishment and funding of an independent International Fund for Israeli-Palestinian Peace (referred to in this Act as the ``International Fund''), to promote and support contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. (7) United States and international support for grassroots people-to-people efforts can help serve as an antidote to false propaganda by terrorist groups and the growing issue of incitement. (8) The International Fund shall serve as a coordinating entity offering expertise and support, adhering to best practices for governance, transparency, assessment and accountability. The International Fund will be an ongoing presence and catalyst for rejecting violence and building broad public support for sustaining peace in the region. The International Fund is not intended to be a political forum, but a grant-making body to facilitate enduring people-to-people relationships and sustained joint economic development. (b) Purposes.--The purposes of this Act are as follows: (1) To urge the President to make every effort, in conjunction with the Government of Israel, the Palestinian Authority, regional governments, and the international community to establish a non-political, mutually acceptable International Fund to promote and support contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. (2) To provide for United States contributions to consist of amounts made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq. (relating to the Economic Support Fund)) for payment to the International Fund to carry out the activities described in paragraph (1), in addition to overhead costs of the establishment of said fund and the function of its oversight board. SEC. 3. ESTABLISHMENT OF INTERNATIONAL FUND FOR ISRAELI-PALESTINIAN PEACE. Congress urges the President to make every effort, in conjunction with the Government of Israel, the Palestinian Authority, and the international community, to establish an International Fund for Israeli-Palestinian Peace governed by a board of the constituent parties to carry out the purposes described in section 2(b). SEC. 4. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND FOR ISRAELI-PALESTINIAN PEACE. (a) In General.--Of the amounts made available for each of fiscal years 2017 through 2021 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq. (relating to the Economic Support Fund)), $50,000,000 is authorized to be appropriated for United States contributions to the International Fund following the committee of jurisdictions agreement to the structure of the fund and its board. (b) Additional Authorities.--Amounts authorized to be appropriated pursuant to subsection (a)-- (1) are in addition to amounts otherwise authorized to be appropriated for such purposes; and (2) are authorized to remain available until expended. SEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO INTERNATIONAL FUND FOR ISRAELI-PALESTINIAN PEACE. (a) Support and Promotion of Purposes.--United States contributions to the International Fund provided for in section 4 may be used only to support and promote the purposes described in section 2(b). (b) Additional Restrictions.--The restrictions described in section 531(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(e)) shall apply to United States contributions to the International Fund provided for in section 4 to the same extent and in the same manner as such restrictions apply to amounts made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961. The United States contributions shall be managed and dispersed through existing USAID mechanisms. (c) United States Representation on Board of International Fund.-- The United States shall provide two representatives from different political parties to the Board of the International Fund. The function of the board is to provide recommendations for programmatic support and direction on promoting contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. The board should oversee and contain an expertise in program integrity, monitoring and evaluation and assessment. SEC. 6. ANNUAL REPORT. (a) In General.--At the end of each fiscal year in which the United States Government makes any contribution to the International Fund in accordance with this Act, the President shall transmit to Congress a written report on the extent to which the International Fund and United States contributions to the International Fund have contributed to promoting and supporting contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. (b) Matters To Be Included.--The reports required under subsection (a) shall also include the following: (1) Information on contributions pledged to, contributions (including donations from the private sector) received by, and projects funded by the International Fund, and the mechanisms established for transparency and accountability in the grant- making process. (2) A description of the International Fund's operations, activities, budget, receipts, and expenditures for the preceding 12-month period, including an audited report of the International Fund's finances, including statements of financial position, operations, and cash flows, in accordance with the United States generally accepted government auditing standards as prescribed by the Comptroller General. (3) Insights gleaned from what drives the efficacy of people-to-people relationships in addition to a description of potential strategies for getting to sustainability for civic institutions that the fund creates or supports including novel financing mechanisms.", "summary": "International Fund for Israeli-Palestinian Peace Authorization Act of 2017 This bill urges the President to make every effort, in conjunction with the government of Israel, the Palestinian Authority, and the international community, to establish an International Fund for Israeli-Palestinian Peace to promote and support contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. The bill authorizes appropriations for U.S. contributions to the fund following the committee of jurisdictions' agreement to the structure of the fund and its board."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``E-Rate 2.0 Act of 2010''. SEC. 2. E-RATE 2.0 PROGRAM FOR INCREASED ADOPTION. Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) is amended-- (1) by redesignating paragraph (7) as paragraph (10); and (2) by adding after paragraph (6) the following: ``(7) Digital divide mitigation.-- ``(A) In general.--The Commission shall implement a pilot program to extend broadband service to students who-- ``(i) qualify for funding under the federally subsidized school lunch program; ``(ii) attend secondary schools that receive support under this section; and ``(iii) who possess a computer for use at home. ``(B) Use of funds.--The pilot program shall distribute funding to such secondary schools to dispense vouchers to eligible students to be used for monthly service fees for residential broadband service for such students. ``(C) Rules.--The Commission shall promulgate rules to implement the pilot program, including rules to prevent vouchers from being sold or transferred to non- qualifying individuals. ``(D) Limitations.-- ``(i) Duration.--The pilot program shall be in effect for a period of 5 years after the effective date of the regulations promulgated under subparagraph (C). ``(ii) Maximum amount.--There is authorized to be appropriated to the Commission to implement the pilot program not more than $500,000,000 per year for the period described in clause (i).''. SEC. 3. ELIGIBILITY FOR DISCOUNTED RATES FOR COMMUNITY COLLEGES AND HEAD START PROGRAMS. (a) In General.--Section 254(h) of such Act (47 U.S.C. 254(h)) is further amended-- (1) in paragraph (2)(A), by striking ``classrooms,'' and inserting ``classrooms, community colleges, head start programs''; and (2) in paragraph (10) (as redesignated under section 2(1))-- (A) in subparagraph (C), by striking ``school,'' and inserting ``school, a community college, a head start program''; and (B) by adding at the end the following: ``(J) Community college.--The term `community college' has the meaning given the term `junior or community college' in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058). ``(K) Head start program.--The term `head start program' means any local public or private nonprofit agency that is designated by the Secretary of Health and Human Services as a Head Start agency under section 641 of the Head Start Act (42 U.S.C. 9836).''. (b) Pilot Project.--Section 254(h) of such Act (47 U.S.C. 254(h)) is further amended by inserting after paragraph (7), as added by section 2, the following: ``(8) Community colleges and head start programs pilot project.-- ``(A) In general.--The Commission shall implement a pilot project, not to exceed $150,000,000 in any one year, to extend funding for broadband equipment and services under this section to those community college or head start program applicants who best demonstrate need, maximization potential of broadband use consistent with their educational mission, and innovation with respect to use of broadband, web-based information and applications. ``(B) Rulemaking required.--The Commission shall adopt rules as necessary to implement this paragraph. ``(C) Specification.--For the first 5 years after the date of enactment of the E-Rate 2.0 Act of 2010, community colleges and head start programs shall receive funding for broadband equipment and services from the Federal government exclusively through this pilot project.''. SEC. 4. ELECTRONIC BOOKS PILOT PROJECT. Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) is further amended by inserting after paragraph (8), as added by section 3, the following: ``(9) E-books for e-rate.-- ``(A) In general.--The Commission shall implement a pilot project, not to exceed $50,000,000 in any one year, to extend to those secondary school applicants for funding under this section that are eligible for the highest percentage discounted rates under the Commission's regulations implementing this section an opportunity to apply for meaningfully discounted services and technologies for the use of electronic books. ``(B) Rulemaking required.--The Commission shall adopt such rules as may be necessary to implement this paragraph, including rules assuring that such technologies and services are incorporated into the course curricula of the applying secondary school and that implementation is on a technology-neutral basis. ``(C) Duration; report.-- ``(i) In general.--The pilot project shall last 4 years in duration. ``(ii) Report.--At the end of the third year of the operation of the pilot project, the Commission shall prepare and submit to Congress a report assessing the project. The report shall include metrics to gauge the impact on digital literacy and overall learning associated with the student use of the electronic books project. ``(D) Rulemaking required.--The Commission shall commence and complete a rulemaking in the final year of the pilot project and determine whether the program should be extended or terminated, and if extended, what additional entities should be eligible for funding, what level of funding is reasonable and affordable for such program, and what other modifications to the program are warranted consistent with the public interest.''. SEC. 5. IMPROVED ADMINISTRATION OF E-RATE APPLICATION PROCESS. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Federal Communications Commission shall develop and implement policies and procedures to streamline and simplify the application process under section 254(h) of the Communications Act of 1934 (commonly known as the ``E-Rate program'') for the purpose of-- (1) improving administration of the program; (2) increasing access to the benefits of the program; (3) minimizing the burden on applicants; and (4) maintaining measures to eliminate waste, fraud, and abuse. (b) Specific Modifications.--In carrying out subsection (a), the Federal Communications Commission shall consider whether the mission and goals of the E-Rate program would be better served by the following modifications to the administration of the program: (1) The establishment of a multi-year application for Priority One services such that applicants would be required to submit funding requests only once every 3 years for recurring services (such as telephone and Internet access services). (2) The use of an interactive Web site for communicating with applicants. (3) The deployment of interactive technology tools, such as online application forms, as part of the application process to reduce the use of paper-based means of communication and to improve the ability of applicants to receive clear and current information regarding their applications and the E-Rate program. SEC. 6. E-RATE FUND CAP MODIFICATION. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Federal Communications Commission shall complete a proceeding to revise the amount of the cap provided for in section 54.507(a) of title 47, Code of Federal Regulations, to account for inflation. (b) Report to Congress.--Not later than 30 days after completing the proceeding required by subsection (a), the Federal Communications Commission shall submit a report to Congress explaining what methodology the Commission will use to determine the appropriate adjustment under such subsection.", "summary": "E-Rate 2.0 Act of 2010 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to implement a five-year pilot program which distributes funding to secondary schools participating in the E-Rate program (which provides discounted telecommunications services to certain schools and libraries) so that they can provide residential broadband service vouchers to students who are eligible to participate in the school lunch program and have a computer at home. Includes community colleges and Head Start agencies in the E-Rate program. Directs the FCC to implement a pilot program that, for the five years following this Act's enactment, is the exclusive source of federal funding for broadband equipment and services for community colleges and Head Start agencies. Requires the FCC to implement a four-year pilot program that allows secondary schools that are eligible for the highest percentage discounted rates under the E-Rate program to apply for meaningfully discounted services and technologies for the use of electronic books. Directs the FCC to: (1) develop and implement policies and procedures to streamline and simplify the E-Rate program application process; and (2) complete the proceeding to revise the E-Rate program funding cap so that the cap accounts for inflation."}
{"article": "SECTION 1. TIMELY PAYMENT OF SOCIAL SECURITY BENEFITS IF STATUTORY DEBT LIMIT IS REACHED. (a) In General.--Section 1145 of the Social Security Act (42 U.S.C. 1320b-15) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection: ``(b) Timely Payment of Benefits if Statutory Debt Limit Is Reached.-- ``(1) Disinvestment of fund to make current benefit payments.--For the purpose of making payment of cash benefits or administrative expenses during any debt limit default period, public debt obligations held by the applicable Federal fund shall be sold or redeemed in an amount not to exceed the sum of-- ``(A) the face amount of obligations held by such fund which mature during such month; plus ``(B) the amount necessary only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of the applicable Federal fund are not available during such period for making payment of such benefits or administrative expenses. ``(2) Issuance of corresponding debt.--For purposes of undertaking the sale or redemption of public debt obligations held by the applicable Federal fund pursuant to paragraph (1), the Secretary of the Treasury shall issue corresponding public debt obligations to the public in order to obtain the amounts necessary for payment of benefits or administrative expenses from the applicable Federal fund, notwithstanding the public debt limit. ``(3) Definitions.--For purposes of this subsection-- ``(A) Debt limit default period.--The term `debt limit default period' means a period for which cash benefits or administrative expenses would not otherwise be payable from the applicable Federal fund by reason of an inability to issue further public debt obligations because of the public debt limit. ``(B) Applicable federal fund.--The term `applicable Federal fund' means a Federal fund specified in paragraph (1) or (2) of subsection (d).''. (b) Conforming Amendments.-- (1) Section 1145 of the Social Security Act, as amended by subsection (a), is amended-- (A) by redesignating subsection (d) as subsection (e), and (B) by inserting after subsection (c) the following new subsection: ``(d) Public Debt Limit.--For purposes of this section, the term `public debt limit' means the limitation established under section 3101 of title 31, United States Code, as increased under section 3101A of such title.''. (2) Section 1145(c) of the Social Security Act, as amended by subsection (a), is amended by striking ``established under section 3101 of title 31, United States Code''. SEC. 2. PRIORITIZATION OF PAYMENTS IN EVENT THAT STATUTORY DEBT LIMIT IS REACHED. Section 3101 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) In the event that the Secretary of the Treasury is not able to issue obligations to make all payments authorized by law due to the limitation under subsection (b) (as increased under section 3101A), the Secretary shall give equal priority to the following: payments of principal and interest on public debt; payments of amounts that the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue pay and allowances (without interruption) to the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service; payments determined by the President (and reported to the Congress) to be necessary to continue United States priorities of its vital national security interests; and payments for items and services under title XVIII of the Social Security Act (relating to Medicare).''. SEC. 3. CONTINUANCE OF MILITARY PAY AND ALLOWANCES DURING PERIODS OF LAPSED APPROPRIATIONS. (a) Continuance of Pay.--Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section: ``SEC. 1015. CONTINUANCE OF PAY AND ALLOWANCES DURING PERIODS OF LAPSED APPROPRIATIONS. ``(a) Definitions.--In this section: ``(1) The term `military personnel accounts' means the military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense, generally title I of an annual Department of Defense appropriations Act, and the corresponding accounts for the Department of Homeland Security used to provide pay and allowances for members of the Coast Guard. ``(2) The term `pay and allowances' means basic pay, bonuses and special pay, allowances and any other forms of compensation available for members of the armed forces under this title or otherwise paid from the military personnel accounts. ``(3) The term `period of lapsed appropriations', when used with respect to members of the armed forces, means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (including any Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances of members of the armed forces. ``(b) Appropriation of Funds To Continue Payment of Pay and Allowances.--For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to allow the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to continue to provide pay and allowances (without interruption) to members of the United States armed forces. ``(c) Limitation on Amounts Paid.--This section only authorizes the expenditure of funds during a period of lapsed appropriations for the pay and allowances of a member of the armed forces at a rate that is equal to the rate in effect for that member immediately before the start of the period of lapsed appropriations. The rate for a member may neither exceed the rate in effect immediately before the start of the period of lapsed appropriations nor be less than that rate, unless reduced by disciplinary action under the Uniform Code of Military Justice. ``(d) Relation to Other Pay Authorities.--This section shall not be construed to affect the entitlement of a member of the armed forces to an amount of pay and allowances that exceeds the amount of pay and allowances authorized to be paid under this section and to which the member becomes entitled under other applicable provisions of law. ``(e) Effect of End of Period of Lapsed Appropriations.-- Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill (or other bill or joint resolution making continuing appropriations through the end of the fiscal year) becomes law.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1015. Continuance of pay and allowances during periods of lapsed appropriations.''.", "summary": "Amends title XI (General Provisions) of the Social Security Act with respect to the payment of cash benefits or administrative expenses from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund (applicable federal funds) during any debt limit default period. Requires that during a debt limit default period public debt obligations held by the applicable federal fund be sold or redeemed in an amount not to exceed the sum of: (1) the face amount of obligations held by the fund which mature during the month in question; plus (2) the amount necessary only to pay such benefits or administrative expenses, and only to the extent cash assets of the fund are not available during that period to make such payments. Directs the Secretary of the Treasury, in order to undertake the sale or redemption of public debt obligations held by the applicable federal fund, to issue corresponding public debt obligations to the public in order to obtain the amounts necessary to make such payments, notwithstanding the public debt limit. Declares that, in the event that the Secretary is not able to issue obligations to make all authorized payments because the public debt limit has been reached, the Secretary shall give equal priority to the following: (1) payments of principal and interest on public debt; (2) payments of amounts that the Secretary of Defense (DOD) (and the Secretary of Homeland Security [DHS] in the case of the Coast Guard) determines to be necessary to continue pay and allowances (without interruption) to the Army, Navy, Air Force, Marine Corps, and Coast Guard, including their reserve components, who perform active service; (3) payments determined by the President (and reported to the Congress) to be necessary to continue U.S. priorities of its vital national security interests; and (4) payments for items and services under SSA title XVIII (Medicare). Makes appropriations, for any period of lapsed appropriations, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to continue to provide pay and allowances (without interruption) to members of the U.S. armed forces."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1991, the Medicare program has reduced reimbursements for anesthesia services provided to Medicare beneficiaries by 50 percent in certain instances when education of student nurse anesthetists or anesthesiology medical residents is involved, imposing financial disincentives against anesthesia education. These Medicare payment policies are known as anesthesia teaching rules. (2) In 2002, the Centers for Medicare & Medicaid Services (CMS) authorized an alternative payment system for certain cases involving nurse anesthesia education and subsequently for anesthesiology resident education, in which the agency allowed reimbursement for base units plus discontinuous time. However, the alternative has not propagated in the marketplace and CMS has declined to reform the anesthesia teaching rules further without an Act of Congress. (3) To ensure the access of patients to safe, high quality anesthesia care, society has a strong interest in providing for high quality anesthesia educational institutions. The population of the United States is aging, resulting in an increase in demand for health care requiring anesthesia and pain management services provided by anesthesiologists and certified registered nurse anesthetists (CRNAs). (4) Though the Institute of Medicine in 2000 found the provision of anesthesia in such year to be 50 times safer than the provision of anesthesia during the 20 years previous to such year, continued evaluation, innovation, and quality improvements in anesthesia are required to further enhance patient safety. (5) As of August 2006, there are 130 anesthesiology residency programs and 102 programs accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs in the United States. Under the current payment rules under the Medicare program, both anesthesiology residency and nurse anesthesia educational programs report challenges recruiting and retaining faculty. (6) Since part B under the Medicare program provides for reimbursement for the services of anesthesiologists and the services of CRNAs, reforms to the anesthesia teaching rules under the Medicare program should treat teaching anesthesiologists and teaching CRNAs similarly with respect to anesthesiology medical residents and student registered nurse anesthetists, respectively, and should not favor one provider over another. SEC. 3. PURPOSE. The purpose of this Act is to ensure financial stability of nurse anesthesia and anesthesiology educational programs to provide sufficient opportunities for student nurse anesthetists and medical residents to pursue the specialty of anesthesia so that patients continue to have access to quality health care. SEC. 4. SPECIAL PAYMENT RULE FOR TEACHING ANESTHESIOLOGISTS AND TEACHING CERTIFIED REGISTERED NURSE ANESTHETISTS. (a) For Physicians' Services.--Section 1848(a) of the Social Security Act (42 U.S.C. 1395w-4(a)) is amended-- (1) in paragraph (4)(A), by inserting ``except as provided in paragraph (5)(A)'' after ``anesthesia cases,''; and (2) by adding at the end of paragraph (4) the following new paragraph: ``(5) Special rule for teaching anesthesiologists.-- ``(A) In general.--With respect to physicians' services furnished by a teaching anesthesiologist involved in the training of physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, notwithstanding paragraph (4), the fee schedule amount to be applied for each such case shall be the amount described in subparagraph (B) if both of the following conditions are met: ``(i) The teaching anesthesiologist is present during all critical or key portions of the anesthesia service or case involved. ``(ii) At least one of the following individuals is immediately available to furnish anesthesia services during the entire case: ``(I) The teaching anesthesiologist. ``(II) An anesthesiologist with whom the teaching anesthesiologist has entered into an arrangement for such purpose. ``(III) In the case of the training of student nurse anesthetists, a certified registered nurse anesthetist with whom the teaching anesthesiologist has entered into an arrangement with respect to such training. ``(B) Amount described.--For purposes of subparagraph (A), the amount described in this subparagraph, with respect to anesthesia services furnished by a teaching anesthesiologist described in such subparagraph, is 100 percent of the fee schedule amount otherwise applicable under this section if the anesthesia services were personally performed by the teaching anesthesiologist alone. ``(C) Clarification for anesthesiologists who medically direct teaching certified registered nurse anesthetists.--Subparagraph (A) shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a certified registered nurse anesthetist who is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases.''. (b) For Services of Certified Registered Nurse Anesthetists.-- Section 1833(l) of such Act (42 U.S.C. 1395l(l)) is amended-- (1) in paragraph (4)(B)(iii)-- (A) by striking ``In the case of'' and inserting ``(I) Subject to clause (II), in the case of''; (B) by striking ``1848(a)(5)(B)'' and inserting ``1848(a)(4)(B)''; and (C) by adding at the end the following new subclause: ``(II) Subclause (I) shall apply to a certified registered nurse anesthetist who is medically directed or medically supervised by a physician notwithstanding whether or not such certified registered nurse anesthetist is involved in the training of student nurse anesthetists in a single case or two concurrent cases.''; and (2) by adding at the end the following new paragraph: ``(7)(A) With respect to services furnished by a teaching certified registered nurse anesthetist who is not medically directed and who is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, the fee schedule amount to be applied for each such case shall be the amount described in subparagraph (B) if both of the following conditions are met: ``(i) The teaching certified registered nurse anesthetist is present during all critical or key portions of the anesthesia service or case involved. ``(ii) The teaching certified registered nurse anesthetist (or other certified registered nurse anesthetist or anesthesiologist with whom the teaching certified registered nurse anesthetist has entered into an arrangement) is immediately available to furnish anesthesia services during the entire case. ``(B) For purposes of subparagraph (A), the amount described in this subparagraph, with respect to services furnished by a teaching certified registered nurse anesthetist described in such subparagraph, is 100 percent of the fee schedule amount otherwise applicable under this subsection if the services were personally performed by the teaching certified registered nurse anesthetist alone.''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2007.", "summary": "Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006 - Amends title XVIII (Medicare) part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of the Social Security Act to set forth a special payment rule for teaching anesthesiologists (TAs) and teaching certified registered nurse anesthetists (CRNAs). Requires payment of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by the TA alone when the TA is training physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the TA is present during all critical or key portions of the anesthesia service or case involved; and (2) either the TA or an anesthesiologist or a CRNA with whom the TA has made special arrangements is immediately available to furnish anesthesia services during the entire case. States that this special payment rule shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a CRNA involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases. Applies to a CRNA medically directed or medically supervised by a physician in the performance of anesthesia services the current fee schedule amount of one-half of the amount for a physician's medical direction of the performance of such services, regardless of whether or not the CRNA is involved in the training of student nurse anesthetists in a single case or two concurrent cases. Requires payment, however, of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by a teaching CRNA alone when the teaching CRNA is not medically directed but is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the teaching CRNA is present during all critical or key portions of the anesthesia service or case involved; and (2) the teaching CRNA (or other CRNA or anesthesiologist with whom the CRNA has made special arrangements) is immediately available to furnish anesthesia services during the entire case."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``HMO Guaranty Act of 2000''. SEC. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Directors appointed under section 3(d). (2) Contractual obligation.--The term ``contractual obligation'' means an obligation by a health maintenance organization, under an agreement, policy, certificate, or evidence of coverage involving a covered individual and the organization, to pay or reimburse the covered individual (or a health care provider who provided items or services to the individual) for services provided prior to the declaration of the insolvency of the health maintenance organization, that remains unpaid at the time of such insolvency. Such term does not include claims by former employees, including medical professional employees, for deferred compensation, severance, vacation, or other employment benefits. (3) Covered individual.--The term ``covered individual'' means an enrollee or member of a health maintenance organization. (4) Guaranty fund.--The term ``Guaranty Fund'' means the Federal HMO Guaranty Fund established under section 3. (5) Health care provider.--The term ``health care provider'' means a physician, hospital, or other person that is licensed or otherwise authorized by the State to provide health care services, and that provided health care services to an enrollee of a health maintenance organization. (6) Health maintenance organization.--The term ``health maintenance organization'' has the meaning given such term by section 2791(b)(3) of the Public Health Service Act (42 U.S.C. 300gg-91(b)(3)). (7) Health maintenance organization contract.--The term ``covered health maintenance organization contract'' means a policy, certificate, or other evidence of health care coverage that is issued by a health maintenance organization. (8) Insolvent organization.--The term ``insolvent organization'' means a health maintenance organization that is declared insolvent by court of competent jurisdiction and placed under the control of a State Commissioner of Insurance for the purpose of liquidation. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, in consultation with the Secretary of Labor and the Secretary of the Treasury. (10) State.--The term ``State'' includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, or any agency or instrumentality thereof. (11) Uncovered expenditures.--The term ``uncovered expenditures'' means the expenditures for the provision of health care services that are the obligation of a health maintenance organization that have not been paid by such organization and for which no alternative payment arrangements have been made. SEC. 3. ESTABLISHMENT OF HMO GUARANTY FUND. (a) In General.--There is established in the Treasury of the United States a fund to be known as the HMO Guaranty Fund to be used as provided for in this Act. (b) Amounts in Fund.-- (1) In general.--There shall be deposited into the Guaranty Fund-- (A) amounts collected under section 5(a); (B) penalties collected under section 5(b); and (C) earnings on investments of monies in the Guaranty Fund. (2) Investments.-- (A) In general.--The Secretary of the Treasury shall invest amounts in the Guaranty Fund that are not required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. For such purpose, such obligations may be acquired on original issue at the issue price, or by purchase of outstanding obligations at the market price. (B) Availability of income.--Any interest derived from obligations held by the Guaranty Fund and the proceeds from any sale or redemption of such obligations, are hereby appropriated to the Fund. (c) Use of Guaranty Fund.--Subject to section 4, amounts in the Guaranty Fund shall be used to make payments to a State-- (1) to pay the outstanding health care provider claims for uncovered expenditures, and to fulfill contractual obligations to covered individuals, with respect to an insolvent health maintenance organization; and (2) to provide for a temporary continuation of health care coverage for covered individuals. (d) Board of Directors.-- (1) In general.--The Guaranty Fund shall be administered by a Board of Directors to be composed of 9 individuals of which-- (A) three directors shall be appointed by the National Association of Insurance Commissioners from among individuals who serve as insurance regulators of a State; (B) three directors shall be appointed by a national association which represents the health maintenance organization industry of all States (as determined by the Secretary) from among representatives of health maintenance organizations; and (C) three directors shall be-- (i) the Secretary of the Treasury, or the designee of the Secretary; (ii) the Secretary of Health and Human Services, or the designee of the Secretary; and (iii) the Secretary of Labor, or the designee of the Secretary. (2) Terms, vacancies.--The members of the Board shall establish the terms of service of the members of the Board appointed under subparagraphs (A) and (B) of paragraph (1). Any vacancy in the Board shall not affect its powers, and shall be filled in the same manner as the original appointment. (3) Compensation of members.-- (A) In general.--Except as provided in subparagraph (B), each member of the Board who is not an officer or employee of the Federal Government shall serve without compensation. All members of the Board who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Travel expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. Such expenses shall be paid from the Guaranty Fund. (4) Voting.--Each member of the Board shall have 1 vote. The Board shall set policy and decide all matters by a simple majority of the votes cast. (5) Chairperson.--The Board shall elect a chairperson from among its members. (6) Meetings.--The Board shall first meet not later than 30 days after the date on which all members are appointed under paragraph (1). Subsequent meetings shall be at the call of the chairperson. The Board may hold public hearings after giving proper notice. (7) Fiduciary duty.--With respect to the members of the Board that are not appointed under paragraph (1)(A), in carrying out the duties of the Board such members shall have a fiduciary duty to the Guaranty Fund that shall supersede any duty to an employer or other special interest that the member may otherwise represent. (8) Limitations on liability.--A member of the Board shall not be liable, or in any way responsible, for the obligations of the Guaranty Fund. (e) Duties.--The Board shall-- (1) administer the Guaranty Fund; (2) adopt bylaws that permit the Board to enter into contracts to receive contributions and make distributions in accordance with this Act; (3) establish the application criteria and materials necessary to enable a State to submit an application to the Guaranty Fund; (4) review and make determination on applications received under section 4(b); and (5) carry out other activities in accordance with this Act. SEC. 4. EXPENDITURES FROM THE GUARANTY FUND. (a) In General.--The Guaranty Fund shall be used to make payments to a State to enable such State to pay the claims of health care providers for health care services provided to covered individuals prior to the declaration of insolvency of a health maintenance organization and to provide for a temporary continuation of health care coverage for such individuals. (b) Procedure.-- (1) In general.--Upon the declaration by a court of competent jurisdiction that a health maintenance organization is insolvent, the official responsible for regulating health insurance in the State in which the declaration is made may submit an application to the Guaranty Fund for payment under this Act. (2) Contents of application.--An application submitted by a State under paragraph (1) shall include the following: (A) Liquidation of assets and return of unused funds.--The application shall contain an accounting of amounts received (or expected to be received) as a result of the liquidation of the assets of the insolvent organization. (B) Fund amount.--The application shall contain a request for a specific amount of funds that will be used for the uncovered expenditures and contractual obligations of an insolvent organization. (C) Uncovered expenditures.--The application shall contain an estimate of the aggregate number of uncovered individuals and aggregate amount of uncovered expenditures with respect to the insolvent organization involved. (D) Continuation coverage.--The application shall contain an estimate of the aggregate amount of funds needed to provide continuation coverage to uncovered individuals. (c) Consideration by Board.--Not later than 30 days after the date on which the Guaranty Fund receives a completed application from a State under subsection (b), the Board shall make a determination with respect to payments to the States. (d) Limitation.--The aggregate amount that may be paid to a State under this section with respect to a single uncovered individual shall not exceed $300,000. (e) Use for Continuation Coverage.-- (1) In general.--A State may use amounts provided under this section to provide for the continuation of health care coverage for an uncovered individual through a health maintenance organization or other health care coverage that has been determined appropriate by the official responsible for regulating health insurance in the State in collaboration with the Board. (2) Limitation.--The period of continuation coverage with respect to an uncovered individual under paragraph (1) shall terminate on the earlier of-- (A) the date that is 1 year after the date on which the health maintenance organization was declared insolvent; or (B) or the date on which the contractual obligation of the health maintenance organization to the individual was to terminate. (f) Repayment of Funds.--The State shall repay to the Guaranty Fund an amount equal to-- (1) any amounts not utilized by the State on the date on which the liquidation of the insolvent organization is completed; and (2) any amounts recovered through liquidation that have not been accounted for in the application of the State under subsection (b)(2)(A). SEC. 5. CONTRIBUTIONS TO THE GUARANTY FUND. (a) Assessment on Health Maintenance Organizations.-- (1) In general.--Not later than January 1, 2001, and every 6 months thereafter, each health maintenance organization that is licensed by a State to provide health care coverage shall pay to the Guaranty Fund an amount to be determined in accordance with an assessment schedule to be established by the Secretary not later than 180 days after the date of enactment of this Act. (2) Deferment.--The Board, after consultation with the official responsible for regulating health insurance in the State involved may exempt, abate, or defer, in whole or in part, the assessment of a health maintenance organization under paragraph (1) if the organization demonstrates that the payment of the assessment would endanger the ability of the organization to fulfill its contractual obligations or place the organization in an unsound financial condition. (3) Prohibition.--A health maintenance organization shall not adjust the amount of premiums paid by enrollees to account for the assessment paid under paragraph (1). (b) Failure to Pay.--A health maintenance organization that fails to pay an assessment under subsection (a)(1) within 30 days after the date on which such assessment was to be paid shall be subject to a civil penalty in an amount not to exceed $1,000 per day. SEC. 6. STATE PREEMPTION. (a) In General.--Nothing in this Act shall be construed to preempt or supersede any provision of State law that establishes, implements, or continues in effect any standard or requirement relating to health maintenance organizations. (b) Definition.--In this section, the term ``State law'' means all laws, decisions, rules, regulations or other State actions that have the effect of law.", "summary": "Requires each HMO that is licensed by a State to provide health care coverage to make biannual payments to the Guaranty Fund in accordance with an assessment schedule to be established by the Secretary of Health and Human Services. Permits deferrals or exemptions if an HMO demonstrates that payment of the assessment would endanger its ability to fulfill contractual obligations or place it in an unsound financial condition. Prescribes a civil penalty for failure to pay."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Access to Child Care Act''. SEC. 2. CHILD CARE ASSISTANCE FOR VETERANS RECEIVING MENTAL HEALTH CARE AND OTHER INTENSIVE HEALTH CARE SERVICES PROVIDED BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter III of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1730B. Child care assistance for veterans receiving mental health care and other intensive health care services ``(a) In General.--The Secretary shall provide child care assistance to an eligible veteran for any period that the veteran-- ``(1) receives covered health care services at a facility of the Department; and ``(2) is required travel to and return from such facility for the receipt of such health care services. ``(b) Child Care Assistance.--(1) Child care assistance provided under this section may include any of the following: ``(A) A stipend for the payment of child care offered by a licensed child care center (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 590 of title 40. ``(B) Direct provision of child care at an on-site facility of the Department. ``(C) A payment made directly to a private child care agency. ``(D) A collaboration with a facility or program of another Federal department or agency. ``(E) Such other form of assistance as the Secretary considers appropriate. ``(2) In the case that child care assistance under this section is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. ``(c) Definitions.--In this section: ``(1) The term `eligible veteran' means a veteran who-- ``(A) is the primary caretaker of a child or children; and ``(B) is-- ``(i) receiving covered health care services from the Department; or ``(ii) in need of covered health care services, and but for lack of child care services, would receive such covered health care services from the Department. ``(2) The term `covered health care services' means-- ``(A) regular mental health care services; ``(B) intensive mental health care services; or ``(C) such other intensive health care services that the Secretary determines that provision of assistance to the veteran to obtain child care would improve access to such health care services by the veteran.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1730A the following new item: ``1730B. Child care assistance for veterans receiving mental health care and other intensive health care services.''. SEC. 3. EXTENSION OF REDUCTION IN AMOUNT OF PENSION FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES. Section 5503(d)(7) of title 38, United States Code, is amended by striking ``September 30, 2024'' and inserting ``September 30, 2026''. SEC. 4. EXTENSION OF REQUIREMENT FOR COLLECTION OF FEES FOR HOUSING LOANS GUARANTEED BY SECRETARY OF VETERANS AFFAIRS. Section 3729(b)(2) of title 38, United States Code, is amended-- (1) in subparagraph (A)-- (A) in clause (iii), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; and (B) in clause (iv), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; (2) in subparagraph (B)-- (A) in clause (i), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; and (B) in clause (ii), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; (3) in subparagraph (C)-- (A) in clause (i), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; and (B) in clause (ii), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; and (4) in subparagraph (D)-- (A) in clause (i), by striking ``September 30, 2024'' and inserting ``December 31, 2024''; and (B) in clause (ii), by striking ``September 30, 2024'' and inserting ``December 31, 2024''. Passed the House of Representatives July 28, 2017. Attest: KAREN L. HAAS, Clerk.", "summary": "Veterans' Access to Child Care Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to provide child care assistance to an eligible veteran for any period that the veteran: (1) receives covered health care services at a VA facility, and (2) is required to travel to and return from such facility for the receipt of such services. The bill defines: (1) "covered health care services" to mean regular mental health care services, intensive mental health care services, or such other intensive health care services to which the VA determines that provision of child care assistance would improve the veteran's access; and (2) "eligible veteran" as a veteran who is the primary caretaker of a child and who is receiving covered health care services from the VA or who is in need of, and who would receive, such services from the VA but for lack of child care. Included among child care assistance to be provided under this bill are: a stipend for the payment of the full cost of child care offered by a licensed child care center, which shall be modeled after the VA's Child Care Subsidy Program; direct provision of child care at an on-site VA facility; a payment made directly to a private child care agency; and collaboration with a facility or program of another federal department or agency. (Sec. 3) The bill extends through September 30, 2026, the $90 monthly limit on a VA pension paid to veterans residing in nursing homes when their nursing costs are paid through title XIX (Medicaid) of the Social Security Act. (Sec. 4) The bill extends through December 31, 2024, VA authority to collect funding fees for certain VA, VA-guaranteed, or VA-insured housing loans."}
{"article": "SECTION 1. AWARD OF PURPLE HEART TO MEMBERS OF THE ARMED FORCES KILLED OR WOUNDED IN TERRORIST ATTACKS WITHIN THE UNITED STATES. (a) Findings.--Congress makes the following findings: (1) The Final Report of the National Commission on Terrorist Attacks Upon the United States (commonly known as the ``9/11 Commission Report'') recognizes that there is a certain ideology that gives rise to terrorism. (2) This ideology that gives rise to terrorism can even influence citizens and residents of the United States to perpetrate attacks within the United States against members of the Armed Forces. (3) Two such attacks have already occurred within the United States, one at a recruiting station in Little Rock, Arkansas, on June 1, 2009, and one at Fort Hood, Texas, on November 5, 2009. (4) According to investigative reports released by the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate at least 33 threats, plots, and strikes related to domestic terrorism against United States military communities have been uncovered since September 11, 2001. (5) These threats, plots, and strikes demonstrate that members of the Armed Forces are at risk of terrorist attack not only when deployed overseas, but also while stationed within the United States. (6) The Department of Defense has recognized the threat posed by terrorist attacks, including those perpetrated by a member of the Armed Forces, by issuing revised regulations, including Army Regulation 381-12 regarding the Military Intelligence Threat Awareness and Reporting Program, to require reporting of potential terrorist insider threat activity, including when a member of the Armed Forces is ``advocating the use of unlawful violence or force to achieve goals that are political, religious, or ideological in nature''. (b) Sense of Congress.--It is the sense of Congress that the Secretary of Defense (and the Secretary of Homeland Security with respect to the Coast Guard) should duly honor those members of the Armed Forces who are killed or wounded in terrorist attacks within the United States that are inspired by the ideology that gives rise to terrorism, as defined by the Final Report of the National Commission on Terrorist Attacks Upon the United States (commonly known as the ``9/11 Commission Report''). (c) Award of Purple Heart.-- (1) Award required.--Chapter 57 of title 10, United States Code, is amended by inserting after section 1129 the following new section: ``Sec. 1129a. Purple Heart: members killed or wounded by terrorist attacks perpetrated within the United States ``(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of the enemy of the United States. ``(b)(1) A member of the armed forces described in this subsection is a member who the Secretary concerned determines was killed or wounded in a terrorist attack within the United States perpetrated by an individual or individuals expressing a political, religious, or ideological obligation to engage in unlawful violence directed against United States military operations or foreign policy, as described in Army Regulation 318-12 of October 2010 regarding the Military Intelligence Threat Awareness and Reporting Program. ``(2) In this subsection, the term `terrorist attack' means the calculated use of violence or threat of violence to inculcate fear intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological, as described in the Army Regulation referred to in paragraph (1). ``(3) In implementing this section, the Secretary concerned shall make no distinction between `international terrorism' and `domestic terrorism', as those terms are defined in section 2331 of title 18. ``(4) If a terrorist attack referred to in paragraph (1) includes, as victims, members of more than one armed force, the determination required by such paragraph shall be made jointly by the Secretaries of the armed forces concerned. ``(c) Subsection (a) shall not apply to a member of the armed forces whose death or wound is the result of the willful misconduct of the member. ``(d) Nothing in this section shall be interpreted-- ``(1) to affect the designation of any individual alleged to have perpetrated an attack referred to in subsection (b)(1) as an enemy combatant for any purposes under law; or ``(2) to preempt or otherwise affect any legal proceedings relating to such an attack.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 57 of such title is amended by inserting after the item relating of section 1129 the following new item: ``1129a. Purple Heart: members killed or wounded by terrorist attacks perpetrated within the United States.''. (3) Retroactive effective date and application.-- (A) Effective date.--The amendments made by this subsection shall take effect as of January 1, 2009. (B) Review of certain previous incidents.--The Secretaries of the military departments (and the Secretary of Homeland Security with respect to the Coast Guard) shall undertake a review of each death or wounding of a member of the Armed Forces that occurred within the United States between January 1, 2009, and the date of the enactment of this Act under circumstances that could qualify the death or wounding as being the result of a terrorist attack within the United States to determine whether the death or wounding does qualify as a death or wounding resulting from a terrorist attack within the United States for purposes of section 1129a of title 10, United States Code, as added by this subsection. (C) Actions following review.--If the death or wounding of a member of the Armed Forces reviewed under subparagraph (B) is determined to qualify as a death or wounding resulting from a terrorist attack within the United States for purposes of such section 1129a, the Secretary of the military department concerned (or the Secretary of Homeland Security with respect to a member of the Coast Guard) shall take appropriate action under such section to award the Purple Heart to the member.", "summary": "Expresses the sense of Congress that the Secretary of Defense (DOD), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard, should duly honor those members of the Armed Forces who are killed or wounded in the United States in terrorist attacks that are inspired by the ideology that gives rise to terrorism, as defined by the Final Report of the National Commission on Terrorist Attacks Upon the United States. Provides that, for purposes of awarding the Purple Heart, the Secretary of the military department concerned shall treat a member of the Armed Forces who is killed or wounded in a terrorist attack within the United States in the same manner as a member killed or wounded in action due to an act of an enemy of the United States. Makes this Act effective as of January 1, 2009. Directs the Secretaries concerned to: (1) review each death or wounding of a member within the United States between January 1, 2009, and the date of enactment of this Act to determine whether such death or wounding qualifies as a death or wounding resulting from a terrorist attack for purposes of this Act; and (2) upon a positive determination, take appropriate action."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Flint Hills Preservation Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Flint Hills Region of Kansas and Oklahoma contains the world's largest share of the remaining tallgrass prairie, and is the only place where that habitat is in landscape proportions. Only 4 percent of North America's presettlement tallgrass prairie survives to this day, and 80 percent is located in Kansas. (2) The Flint Hills Region is also home to certain declining avian species such as the greater prairie chicken and Henslow's sparrow that cannot continue to exist without large expanses of native tallgrass prairie in an original state. Further, it is a significant corridor for migrating shorebirds such as the American golden plover, the buff-breasted sand- piper, and the upland sandpiper. (3) Beginning in the mid-19th century, cattlemen understood that the richness of the Flint Hills grasses depended on a good spring burn--something they learned from the Native Americans. Fire still thrives in the Flint Hills because the ranchers, and others using the land, know that the natural ecosystem depends on fire. (4) Ranchers, landowners, and conservation groups use prescribed burns to mimic the seasonal fires that have shaped the tallgrass prairie for thousands of years. Areas not burned for several years develop mature grasses and thicker, thatch- like vegetation, which habitat is preferred by invasive species. (5) The Flint Hills Region is one of the few places in the United States where the prevailing agricultural system works essentially in tandem with an ancestral native ecosystem, preserving most of its complexity and the dynamic processes that helped shape it. (6) Due to the uniqueness of the Flint Hills tallgrass prairie and the historic manner in which the tallgrass prairie has been managed by fire, existing prescribed burn practices should be allowed to continue and ambient air data resulting from fires used to manage the Flint Hills tallgrass prairie should be not be included in determinations of compliance with the Clean Air Act. SEC. 3. PRESCRIBED FIRES. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by inserting after section 329 the following: ``SEC. 330. PRESCRIBED FIRES IN THE FLINT HILLS REGION. ``(a) In General.--In determining whether, with respect to a specific air pollutant, an exceedance or violation of a national ambient air quality standard has occurred for purposes of this Act, a State and the Administrator shall exclude data from a particular air quality monitoring location if emissions from one or more prescribed fires in the Flint Hills Region cause a concentration of the air pollutant at the location to be in excess of the standard. ``(b) Specific Limitations.--If emissions data is excluded under subsection (a) from a particular air quality monitoring station because of emissions from one or more prescribed fires in the Flint Hills Region-- ``(1) the Administrator shall not, as a result of such emissions, find under section 113 that a State has failed to enforce, or that a person has violated, a State implementation plan (for national primary or secondary ambient air quality standards) under section 110; and ``(2) a State shall not, as a result of such emissions, find that a person has violated, or bring an enforcement action for violation of, a State implementation plan (for national primary or secondary ambient air quality standards) under section 110. ``(c) Prohibition Against Smoke Management Plans.--The Administrator shall not require, and a State shall not adopt, a smoke management plan under this Act in connection with any prescribed fire in the Flint Hills Region. ``(d) Not a Stationary Source.--No building, structure, facility, or installation may be treated as a stationary source under section 111 as a result of one or more prescribed fires in the Flint Hills Region. ``(e) No Title V Permit Required.--No person shall be required to obtain or modify a permit under title V in connection with a prescribed fire in the Flint Hills Region. ``(f) Definition.--In this section: ``(1) The term `Flint Hills Region'-- ``(A) means the band of hills in eastern Kansas that stretch into north-central Oklahoma; and ``(B) includes-- ``(i) Butler, Chase, Chautauqua, Clay, Cowley, Dickinson, Elk, Geary, Greenwood, Harvey, Jackson, Lyon, Marion, Marshall, Morris, Ottawa, Pottawatomie, Riley, Saline, Shawnee, Wabaunsee, Washington, and Woodson Counties in Kansas; and ``(ii) Osage, Tulsa, and Washington counties in Oklahoma. ``(2) The term `prescribed fire' means a fire that is set or managed by a person with the goal of enhancing a fire- dependent ecosystem or enhancing the productivity of agricultural grazing land, irrespective of the frequency with which the burn occurs.''.", "summary": "Flint Hills Preservation Act - Amends the Clean Air Act to require states and the Administrator of the Environmental Protection Agency (EPA), in determining whether an exceedance or violation of a national ambient air quality standard has occurred with respect to a specific air pollutant, to exclude data from a particular air quality monitoring location if emissions from prescribed fires in the Flint Hills Region cause a concentration of the air pollutant at the location to be in excess of the standard. Prohibits, if such emission data is excluded: (1) the Administrator from finding that a state has failed to enforce, or that a person has violated, a state implementation plan (SIP) for national primary or secondary ambient air quality standards as a result of such emissions; or (2) a state from finding that a person has violated, or from bringing an enforcement action for violation of, a SIP for such standards as a result of such emissions. Prohibits: (1) the Administrator from requiring, or a state from adopting, a smoke management plan under such Act in connection with any prescribed fire in such region; and (2) a building, structure, facility, or installation from being treated as a stationary source under new stationary source performance standards as a result of such prescribed fires. Provides that no person shall be required to obtain or modify an operating permit under Title V of the Clean Air Act in connection with such a prescribed fire."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Anti-Lobbying Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) Federal agency employees have used appropriated funds to foster public support and opposition to legislation pending before the Congress; (2) there are conflicting interpretations of the existing anti-lobbying restrictions; and (3) the use of appropriated funds derived from tax revenues paid to the Treasury by all Americans to preferentially support or oppose pending legislation is inappropriate and improper. (b) Purpose.--The purpose of this Act is to establish a civil prohibition on the expenditure of appropriated funds by Federal agencies for lobbying purposes and to make clear that such funds may not be used in any manner or in any amount, however small, to organize efforts to affect the outcome of congressional action by appealing directly or indirectly for public support. SEC. 3. PROHIBITION ON USE OF APPROPRIATED FUNDS FOR LOBBYING BY FEDERAL AGENCIES. (a) In General.--Subchapter III of chapter 13 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 1354. Prohibition on lobbying by Federal agencies ``(a) Prohibition.--Except as provided in subsection (b), until or unless such activity has been specifically authorized by an Act of Congress and notwithstanding any other provision of law, no funds made available to any Federal agency by appropriation shall be used by such agency for any activity (including the preparation, publication, distribution, or use of any kit, pamphlet, booklet, public presentation, news release, radio, television, or film presentation, video, or other written or oral statement) that is intended to promote public support or opposition to any legislative proposal (including the confirmation of the nomination of a public official or the ratification of a treaty) on which congressional action is not complete. ``(b) Exceptions.-- ``(1) President and vice president.--Subsection (a) shall not apply to the President or Vice President. ``(2) Congressional communications.--Subsection (a) shall not be construed to prevent any officer or employee of a Federal agency from-- ``(A) communicating directly to a Member of Congress (or to any staff of a Member or committee of Congress) a request for legislation or appropriations that such officer or employee deems necessary for the efficient conduct of the public business; or ``(B) responding to a request for information or technical assistance made by a Member of Congress (or by any staff of a Member or committee of Congress). ``(3) Public communications on views of president.-- Subsection (a) shall not be construed to prevent any Federal agency official whose appointment is confirmed by the Senate, any official in the Executive Office of the President directly appointed by the President or Vice President, or the head of any Federal agency described in subsection (d)(2), from communicating with the American public, through radio, television, or other public communication media, on the views of the President for or against any pending legislative proposal. The preceding sentence shall not permit any such official to delegate to another person the authority to make communications subject to the exemption provided by such sentence. ``(c) Comptroller General.-- ``(1) Assistance of inspector general.--In exercising the authority provided in section 712, as applied to this section, the Comptroller General may obtain, without reimbursement from the Comptroller General, the assistance of the Inspector General within whose Federal agency activity prohibited by subsection (a) of this section is under review. ``(2) Evaluation.--One year after the date of the enactment of this section, the Comptroller General shall report to the Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate on the implementation of this section. ``(3) Annual report.--The Comptroller General shall, in the annual report under section 719(a), include summaries of investigations undertaken by the Comptroller General with respect to subsection (a). ``(d) Definition.--For purposes of this section, the term `Federal agency' means-- ``(1) any executive agency, within the meaning of section 105 of title 5; and ``(2) any private corporation created by a law of the United States for which the Congress appropriates funds.''. (b) Conforming Amendment.--The table of sections for chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1353 the following new item: ``1354. Prohibition on lobbying by Federal agencies.''. (c) Applicability.--The amendments made by this section shall apply to the use of funds after the date of the enactment of this Act, including funds appropriated or received on or before such date.", "summary": "Federal Agency Anti-Lobbying Act - Prohibits the use of any appropriated funds by Federal agencies for any activity that includes the preparation, publication, or distribution of any written, oral, or visual material promoting public support or opposition to any legislative proposal, including the confirmation of the nomination of a public official or ratification of a treaty on which congressional action is not complete, with the exception of: (1) the President; (2) Vice-President; (3) specified congressional communications; and (4) public communications by any Federal agency official on the views of the President for or against any pending legislative proposal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Good IRA Rollover Act of 2009''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Paragraph (8) of section 408(d) of the Internal Revenue Code of 1986 (relating to tax treatment of distributions) is amended to read as follows: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution. ``(B) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made directly by the trustee-- ``(I) to an organization described in section 170(c), or ``(II) to a split-interest entity, and ``(ii) which is made on or after the date that the individual for whose benefit the account is maintained has attained-- ``(I) in the case of any distribution described in clause (i)(I), age 70\\1/2\\, and ``(II) in the case of any distribution described in clause (i)(II), age 59\\1/2\\. A distribution shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A) and, in the case of a distribution to a split-interest entity, only if no person holds an income interest in the amounts in the split-interest entity attributable to such distribution other than one or more of the following: the individual for whose benefit such account is maintained, the spouse of such individual, or any organization described in section 170(c). ``(C) Contributions must be otherwise deductible.-- For purposes of this paragraph-- ``(i) Direct contributions.--A distribution to an organization described in section 170(c) shall be treated as a qualified charitable distribution only if a deduction for the entire distribution would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(ii) Split-interest gifts.--A distribution to a split-interest entity shall be treated as a qualified charitable distribution only if a deduction for the entire value of the interest in the distribution for the use of an organization described in section 170(c) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(D) Application of section 72.--Notwithstanding section 72, in determining the extent to which a distribution is a qualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all individual retirement plans of the individual were distributed during the taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(E) Special rules for split-interest entities.-- ``(i) Charitable remainder trusts.-- Notwithstanding section 664(b), distributions made from a trust described in subparagraph (G)(i) shall be treated as ordinary income in the hands of the beneficiary to whom is paid the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A). ``(ii) Pooled income funds.--No amount shall be includible in the gross income of a pooled income fund (as defined in subparagraph (G)(ii)) by reason of a qualified charitable distribution to such fund, and all distributions from the fund which are attributable to qualified charitable distributions shall be treated as ordinary income to the beneficiary. ``(iii) Charitable gift annuities.-- Qualified charitable distributions made for a charitable gift annuity shall not be treated as an investment in the contract. ``(F) Denial of deduction.--Qualified charitable distributions shall not be taken into account in determining the deduction under section 170. ``(G) Split-interest entity defined.--For purposes of this paragraph, the term `split-interest entity' means-- ``(i) a charitable remainder annuity trust or a charitable remainder unitrust (as such terms are defined in section 664(d)) which must be funded exclusively by qualified charitable distributions, ``(ii) a pooled income fund (as defined in section 642(c)(5)), but only if the fund accounts separately for amounts attributable to qualified charitable distributions, and ``(iii) a charitable gift annuity (as defined in section 501(m)(5)).''. (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2008.", "summary": "Public Good IRA Rollover Act of 2009 - Amends the Internal Revenue Code to revise the tax exclusion of distributions from individual retirement accounts (IRAs) for charitable purposes to: (1) make such exclusion permanent; (2) eliminate the $100,000 cap on such exclusion; (3) permit tax-free distributions from IRAs to a split-interest entity (i.e., a charitable remainder annuity or unitrust, a pooled income fund, and a charitable gift annuity); and (4) allow distributions to a split-interest entity to be made when the account beneficiary attains age 59-1/2 (otherwise, age 70-1/2 for IRA distributions to a charitable organization)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury-Safe Seafood Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) mercury pollution from coal-fired power plants, waste incinerators, and other anthropogenic sources continues to contaminate inland waterways and territorial waters of the United States; (2) mercury accumulates in fish as methylmercury and is passed on to humans that eat those fish; (3) methylmercury is a potent neurotoxin that, even in small quantities-- (A) can cause serious damage to the human central nervous system and adverse effects on many other systems in the human body; (B) is especially harmful to pregnant women and young children; and (C) puts an estimated 60,000 newborns at risk for adverse neurodevelopmental effects each year in the United States from in utero exposure; (4) certain commercial seafood species can have dangerously high levels of methylmercury, as evidenced by Food and Drug Administration data acquired in the 1990's, up to the time that the agency discontinued domestic sampling in 1998; (5) the Food and Drug Administration's long-standing action level of 1.0 parts per million for methylmercury in fish-- (A) is out of date; and (B) according to scientific evidence, does not adequately protect pregnant women and young children; (6) the comprehensive Mercury Study Report to Congress issued by the Environmental Protection Agency in December 1997 recommended a methylmercury consumption limit of 0.1 micrograms per kilogram of body weight per day, which is 5 times lower than the Food and Drug Administration's current action level; (7) the report entitled ``Toxicological Effects of Methylmercury'', issued by the National Academy of Sciences in July 2000, confirmed that the Environmental Protection Agency's limit is ``scientifically justifiable for the protection of public health''; (8) the report entitled ``Food Safety: Federal Oversight of Seafood Does Not Sufficiently Protect Consumers'', issued by the General Accounting Office in February 2001, highlights the inadequacies of Food and Drug Administration guidance regarding methylmercury in commercial seafood; (9) many States have been forced to issue mercury advisories for inland waterways and health warnings regarding the fish that may be caught in those waterways; and (10) some States have also issued mercury advisories for commercial seafood. SEC. 3. TOLERANCE FOR METHYLMERCURY IN SEAFOOD. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended-- (1) in section 402(a)(2), by inserting after ``section 512; or'' the following: ``(D) if it is seafood that bears or contains methylmercury that is unsafe within the meaning of section 406A(a); or''; and (2) by inserting after section 406 the following: ``SEC. 406A. TOLERANCE FOR METHYLMERCURY IN SEAFOOD. ``(a) In General.--Not later than 1 year after the date of enactment of this section, the Secretary shall by regulation establish a tolerance for the presence of methylmercury in seafood. ``(b) Requirements.--The tolerance established under subsection (a) shall-- ``(1) be based on a scientific analysis of the health risks attributable to methylmercury; and ``(2) be set at a level for which the Secretary determines that there is a reasonable certainty that no harm will result from aggregate exposure to methylmercury in seafood, including all anticipated dietary exposures for which there is reliable information. ``(c) Seafood Deemed Unsafe.--Any seafood bearing or containing methylmercury shall be deemed to be unsafe for purposes of section 402(a)(2)(D) unless the quantity of methylmercury is within the limits of the tolerance. ``(d) Pregnant Women, Infants, and Children.--In establishing or modifying the tolerance under subsection (a), the Secretary shall ensure that there is a reasonable certainty that no harm will result to pregnant women, infants, and children from aggregate exposure to methylmercury. ``(e) Sampling System.-- ``(1) In general.--Not later than 18 months after the date of enactment of this section, the Secretary, after consultation with the Secretary of Agriculture, shall establish a system for the collection and analysis of samples of seafood to determine the extent of compliance with the tolerance under subsection (a). ``(2) Monitoring.--The sampling system shall provide statistically valid monitoring (including market-basket studies) with respect to compliance with the tolerance. ``(3) Avoidance of duplication of effort.--To the extent practicable, the sampling system shall be consistent with, and shall be coordinated with, other seafood sampling systems that are in use, so as to avoid duplication of effort. ``(f) Public Education and Advisory System.-- ``(1) Public education.--The Secretary, in cooperation with private and public organizations (including cooperative extension services and appropriate State entities) shall design and implement a national public education program regarding the presence of methylmercury in seafood. ``(2) Features.--The program shall provide-- ``(A) information to the public regarding-- ``(i) Federal standards and good practice requirements; and ``(ii) promotion of public awareness, understanding, and acceptance of the standards and requirements; ``(B) information to health professionals so that health professionals may improve diagnosis and treatment of mercury-related illness and advise individuals whose health conditions place those individuals at particular risk; and ``(C) such other information or advice to consumers and other persons as the Secretary determines will promote the purposes of this section. ``(3) Health advisories.--The Secretary, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall work with the States and other appropriate entities to-- ``(A) develop and distribute regional and national advisories concerning the presence of methylmercury in seafood; ``(B) develop standardized formats for written and broadcast advisories regarding methylmercury in seafood; and ``(C) incorporate State and local advisories into the national public education program under paragraph (1).''. SEC. 4. CONSIDERATION OF REPORT OF NATIONAL ACADEMY OF SCIENCES. In carrying out section 406A(a) of the Federal Food, Drug, and Cosmetic Act (as added by section 3), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall consider the findings of the National Academy of Sciences regarding the Environmental Protection Agency's recommended level for methylmercury exposure and the presence of methylmercury in seafood, as such findings are described in the report issued by the National Academy of Sciences in July 2000. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Sampling.--There is authorized to be appropriated to carry out sampling under section 406A(e) of the Federal Food, Drug, and Cosmetic Act (as added by section 3) $500,000 for each of fiscal years 2002 through 2011. (b) Public Education and Advisory System.--There is authorized to be appropriated to develop and implement the public education and advisory system under section 406A(f) of the Federal Food, Drug, and Cosmetic Act (as added by section 3) $500,000 for each of fiscal years 2002 through 2011. (c) State Support.-- (1) In general.--There is authorized to be appropriated to support efforts of the States to sample noncommercial fish and inland waterways for mercury and to produce State-specific health advisories related to mercury $2,000,000 for each of fiscal years 2002 through 2011. (2) Equitable distribution.--The Administrator of the Environmental Protection Agency shall distribute amounts made available under paragraph (1) equitably among the States through programs in existence on the date of enactment of this Act. SEC. 6. REPORT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall submit to Congress a report on the progress of the Secretary in establishing the tolerance required by section 406A of the Federal Food, Drug, and Cosmetic Act (as added by section 3). (b) Contents.--The report shall include a description of the research that has been conducted or reviewed with respect to the tolerance.", "summary": "Mercury-Safe Seafood Act of 2001 - Directs the Secretary of Health and Human Services to establish a tolerance and sampling system, and related public education and health advisory system, respecting the presence of methylmercury in seafood.Deems as unsafe any seafood not meeting such tolerance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Police and Fire Station Modernization Act of 2008''. SEC. 2. POLICE AND FIRE DEPARTMENT BONDS. (a) In General.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: ``Subpart I--Qualified Tax Credit Bonds ``Sec. 54A. Credit to holders of qualified tax credit bonds. ``Sec. 54B. Police and fire department bonds. ``SEC. 54A. CREDIT TO HOLDERS OF QUALIFIED TAX CREDIT BONDS. ``(a) Allowance of Credit.--If a taxpayer holds a qualified tax credit bond on one or more credit allowance dates of the bond during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified tax credit bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified tax credit bond is the product of-- ``(A) the applicable credit rate, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Applicable credit rate.--For purposes of paragraph (2), the applicable credit rate is the rate which the Secretary estimates will permit the issuance of qualified tax credit bonds with a specified maturity or redemption date without discount and without interest cost to the qualified issuer. The applicable credit rate with respect to any qualified tax credit bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond. ``(4) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed or matures. ``(c) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than subpart C and this subpart). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year). ``(d) Qualified Tax Credit Bond.--For purposes of this section-- ``(1) Qualified tax credit bond.--The term `qualified tax credit bond' means a police and fire department bond which is part of an issue that meets the requirements of paragraphs (2), (3), (4), and (5). ``(2) Special rules relating to expenditures.-- ``(A) In general.--An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects-- ``(i) 100 percent or more of the available project proceeds to be spent for 1 or more qualified purposes within the 3-year period beginning on such date of issuance, and ``(ii) a binding commitment with a third party to spend at least 10 percent of such available project proceeds will be incurred within the 6-month period beginning on such date of issuance. ``(B) Failure to spend required amount of bond proceeds within 3 years.-- ``(i) In general.--To the extent that less than 100 percent of the available project proceeds of the issue are expended by the close of the expenditure period for 1 or more qualified purposes, the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(ii) Expenditure period.--For purposes of this subpart, the term `expenditure period' means, with respect to any issue, the 3-year period beginning on the date of issuance. Such term shall include any extension of such period under clause (iii). ``(iii) Extension of period.--Upon submission of a request prior to the expiration of the expenditure period (determined without regard to any extension under this clause), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within the original expenditure period is due to reasonable cause and the expenditures for qualified purposes will continue to proceed with due diligence. ``(C) Qualified purpose.--For purposes of this paragraph, the term `qualified purpose' means a purpose specified in section 54B(a)(1). ``(D) Reimbursement.--For purposes of this subtitle, available project proceeds of an issue shall be treated as spent for a qualified purpose if such proceeds are used to reimburse the issuer for amounts paid for a qualified purpose after the date that the Secretary makes an allocation of bond limitation with respect to such issue, but only if-- ``(i) prior to the payment of the original expenditure, the issuer declared its intent to reimburse such expenditure with the proceeds of a qualified tax credit bond, ``(ii) not later than 60 days after payment of the original expenditure, the issuer adopts an official intent to reimburse the original expenditure with such proceeds, and ``(iii) the reimbursement is made not later than 18 months after the date the original expenditure is paid. ``(3) Reporting.--An issue shall be treated as meeting the requirements of this paragraph if the issuer of qualified tax credit bonds submits reports similar to the reports required under section 149(e). ``(4) Special rules relating to arbitrage.-- ``(A) In general.--An issue shall be treated as meeting the requirements of this paragraph if the issuer satisfies the requirements of section 148 with respect to the proceeds of the issue. ``(B) Special rule for investments during expenditure period.--An issue shall not be treated as failing to meet the requirements of subparagraph (A) by reason of any investment of available project proceeds during the expenditure period. ``(C) Special rule for reserve funds.--An issue shall not be treated as failing to meet the requirements of subparagraph (A) by reason of any fund which is expected to be used to repay such issue if-- ``(i) such fund is funded at a rate not more rapid than equal annual installments, ``(ii) such fund is funded in a manner reasonably expected to result in an amount not greater than an amount necessary to repay the issue, and ``(iii) the yield on such fund is not greater than the discount rate determined under paragraph (5)(B) with respect to the issue. ``(5) Maturity limitation.-- ``(A) In general.--An issue shall not be treated as meeting the requirements of this paragraph if the maturity of any bond which is part of such issue exceeds the maximum term determined by the Secretary under subparagraph (B). ``(B) Maximum term.--During each calendar month, the Secretary shall determine the maximum term permitted under this paragraph for bonds issued during the following calendar month. Such maximum term shall be the term which the Secretary estimates will result in the present value of the obligation to repay the principal on the bond being equal to 50 percent of the face amount of such bond. Such present value shall be determined using as a discount rate the average annual interest rate of tax-exempt obligations having a term of 10 years or more which are issued during the month. If the term as so determined is not a multiple of a whole year, such term shall be rounded to the next highest whole year. ``(e) Other Definitions.--For purposes of this subchapter-- ``(1) Credit allowance date.--The term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term includes the last day on which the bond is outstanding. ``(2) Bond.--The term `bond' includes any obligation. ``(3) State.--The term `State' includes the District of Columbia and any possession of the United States. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the issuance costs financed by the issue (to the extent that such costs do not exceed 2 percent of such proceeds), and ``(B) the proceeds from any investment of the excess described in subparagraph (A). ``(f) Credit Treated as Interest.--For purposes of this subtitle, the credit determined under subsection (a) shall be treated as interest which is includible in gross income. ``(g) S Corporations and Partnerships.--In the case of a tax credit bond held by an S corporation or partnership, the allocation of the credit allowed by this section to the shareholders of such corporation or partners of such partnership shall be treated as a distribution. ``(h) Bonds Held by Regulated Investment Companies and Real Estate Investment Trusts.--If any qualified tax credit bond is held by a regulated investment company or a real estate investment trust, the credit determined under subsection (a) shall be allowed to shareholders of such company or beneficiaries of such trust (and any gross income included under subsection (f) with respect to such credit shall be treated as distributed to such shareholders or beneficiaries) under procedures prescribed by the Secretary. ``(i) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified tax credit bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified tax credit bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(j) Termination.--This section shall not apply to bonds issued after December 31, 2014. ``SEC. 54B. POLICE AND FIRE DEPARTMENT BONDS. ``(a) In General.--For purposes of this subpart, the term `police and fire department bond' means any bond issued as part of an issue if-- ``(1) 100 percent of the available project proceeds of such issue are to be used for capital expenditures incurred by a State or local government for one or more police or fire departments of the State or local government (as the case may be), ``(2) the bond is issued by a State or local government, and ``(3) the issuer designates such bond for purposes of this section. ``(b) Limitation on Amount of Bonds Designated.--The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated to such issuer under subsection (d). ``(c) National Limitation on Amount of Bonds Designated.--There is a national police and fire department bond limitation of $3,000,000,000. ``(d) Allocations.-- ``(1) In general.--The limitation applicable under subsection (c) shall be allocated by the Secretary among the States in proportion to the population of the States. ``(2) Allocations to largest local governments.-- ``(A) In general.--In the case of any State in which there is a large local government, each such local government shall be allocated a portion of such State's allocation which bears the same ratio to the State's allocation (determined without regard to this subparagraph) as the population of such large local government bears to the population of such State. ``(B) Allocation of unused limitation to state.-- The amount allocated under this subsection to a large local government may be reallocated by such local government to the State in which such local government is located. ``(C) Large local government.--For purposes of this section, the term `large local government' means any municipality or county if such municipality or county has a population of 500,000 or more. ``(e) Population.-- ``(1) In general.--The population of any State or local government shall be determined for purposes of this section as provided in section 146(j) for the calendar year which includes the date of the enactment of this section. ``(2) Special rule for counties.--In determining the population of any county for purposes of this section, any population of such county which is taken into account in determining the population of any municipality which is a large local government shall not be taken into account in determining the population of such county.''. (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(9) Reporting of credit on qualified tax credit bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54A and such amounts shall be treated as paid on the credit allowance date (as defined in section 54A(e)(1)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (c) Conforming Amendments.-- (1) Sections 54(c)(2) and 1400N(l)(3)(B) of such Code are each amended by striking ``subpart C'' and inserting ``subparts C and I''. (2) Section 1397E(c)(2) of such Code is amended by striking ``subpart H'' and inserting ``subparts H and I''. (3) Section 6401(b)(1) of such Code is amended by striking ``and H'' and inserting ``H, and I''. (4) The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to subpart H the following new item: ``subpart i. qualified tax credit bonds.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2008. SEC. 3. APPLICATION OF CERTAIN LABOR STANDARDS ON PROJECTS FINANCED UNDER TAX CREDIT BONDS. Subchapter IV of chapter 31 of title 40, United States Code, shall apply to projects financed with the proceeds of any tax credit bond (as defined in section 54A of the Internal Revenue Code of 1986).", "summary": "Police and Fire Station Modernization Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for investment in bonds to finance capital expenditures for state and local police or fire departments. Terminates such credit after 2014."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Security Information Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1)(A) Many information technology computer systems, software programs, and similar facilities are essential to the functioning of markets, commerce, consumer products, utilities, government, and safety and defense systems, in the United States and throughout the world. (B) Protecting systems and products against domestic and international attacks or misuse through the Internet, public, or private telecommunications systems, or similar means is a matter of national and global interest. (C) Such protection is best accomplished through private sector solutions that are market driven and industry led because the private sector owns, operates, and has developed many of the networks, products, and services that constitute the information infrastructure. (D) Government should work cooperatively with industry on a voluntary basis to achieve such protection and should not mandate the private sector use particular technologies, dictate standards, or impose undue costs. (2) The prompt, voluntary, candid, and thorough, but secure and protected, disclosure and exchange of information related to the cyber security of entities, systems, and infrastructure-- (A) would greatly enhance the ability of private and public entities to improve their cyber security; (B) would measurably contribute to avoidance of financial risk and loss resulting from disruption or harm to critical institutional elements of the United States economy, including but not limited to securities exchanges, banking and other financial services institutions, communications networks, transportation systems, manufacturing, information technology, health care, government services, and electric utilities and energy providers, or from serious damage to public confidence in such critical institutional elements; and (C) is therefore a vital factor in minimizing any potential cyber security-related disruption to the Nation's critical infrastructure and the consequences for its economic well-being and national security. (3) Concern about the potential for legal liability associated with the disclosure and exchange of cyber security information has impeded and continues to impede the secure disclosure and protected exchange of such information. (4) The capability to securely disclose and engage in the protected exchange of information relating to cyber security, solutions, test practices, test results, and risk assessments and audits, without undue concern about inappropriate disclosure of that information, is critical to the ability of private and public entities to address cyber security needs in a timely manner. (5) The national interest will be served by uniform legal standards in connection with the secure disclosure and protected exchange of cyber security information that will promote appropriate disclosures and exchanges of such information in a timely fashion. (6) The ``National Plan for Information Systems Protection, Version 1.0, An Invitation to a Dialogue'', released by the President on January 7, 2000, calls for the Government to assist in seeking changes to applicable laws on ``Freedom of Information, liability, and antitrust where appropriate'' in order to foster industry-wide centers for information sharing and analysis. (b) Purposes.--Based upon the powers contained in article 1, section 8, clause 3 of the Constitution of the United States, the purposes of this Act are-- (1) to promote the secure disclosure and protected exchange of cyber security information; (2) to assist private industry and government in responding effectively and rapidly to cyber security problems; (3) to lessen burdens on interstate commerce by establishing certain legal principles in connection with the secure disclosure and protected exchange of cyber security information; and (4) to protect the legitimate users of cyber networks and systems, and to protect the privacy and confidentiality of shared information. SEC. 3. DEFINITIONS. In this Act: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given to it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law with the same intent and effect as the laws referred to in subparagraph (A). (2) Critical infrastructure.--The term ``critical infrastructure'' means facilities or services so vital to the nation or its economy that their disruption, incapacity, or destruction would have a debilitating impact on the defense, security, long-term economic prosperity, or public health or safety of the United States. (3) Cyber security information.-- (A) In general.--The term ``cyber security information'' means information related to-- (i) the ability of any protected system, or critical infrastructure to resist intentional interference, compromise, or incapacitation through the misuse of or unauthorized access to or use of the Internet, public or private telecommunications systems, or other similar conduct that violates Federal, State, or international law, that harms interstate commerce of the United States, or that threatens public health or safety; (ii) any planned or past assessment, projection or estimate concerning a cyber security vulnerability of a protected system, or critical infrastructure; (iii) any planned or past cyber security testing, risk assessment, or audit; (iv) any planned or past operational problems or solutions related to the cyber security of any protected system, or critical infrastructure; or (v) any immediate threats to the cyber security of any protected system, or critical infrastructure. (B) Exclusion.--For the purposes of any action brought under the securities laws, as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), the term ``cyber security information'' does not include information or statements contained in any documents or materials filed with the Securities and Exchange Commission, or with Federal banking regulators, pursuant to section 12(i) of the Securities Exchange Act of 1934 (15 U.S.C. 781(i)), or disclosures or writing that when made accompanied the solicitation of an offer or sale of securities. (4) Protected system.--The term ``protected system'' includes but is not limited to any system or process deployed in or remotely affecting a critical infrastructure facility consisting of one or more of the following: computer, computer system, network, or any component hardware or element of the foregoing, software program, processing instruction or data in storage, irrespective of the storage medium. (5) Information sharing organization; iso.--The terms ``Information Sharing Organization'' and ``ISO'' mean an Information Sharing and Analysis Center (``ISAC'') or any other entity created by private sector organizations for the purpose of sharing cyber security information among such organizations, with or among their individual affiliated members, and with and from State, local, and Federal Government agencies. SEC. 4. PROTECTION FOR CYBER SECURITY INFORMATION SHARED WITH THE GOVERNMENT. (a) In General.--Cyber security information that is voluntarily provided to any Federal entity, agency, or authority shall not be disclosed and must be protected against disclosure. (b) Specifics.--This section shall apply to cyber security information voluntarily provided-- (1) directly to the government about its own cyber security; (2) directly to the government about a third party's cyber security; or (3) to an ISO, which is subsequently provided to the government in identifiable form. (c) Protections.--Except with the express consent or permission of the provider of cyber security information, any cyber security information provided pursuant to subsection (b)-- (1) shall be exempt from disclosure under section 552(a) of title 5, United States Code (commonly known as the ``Freedom of Information Act''), by any Federal entity, agency, and authority; (2) shall not be disclosed to any third party except pursuant to subsection (e)(3); and (3) shall not be used by any Federal or State entity, agency, or authority or by any third party, directly or indirectly, in any civil action arising under any Federal or State law. (d) Exemptions.--Any disclosure of cyber security information by any private entity, or by any Information Sharing Organization as defined in section 3(5) of this Act, to any official of an agency of the United States in accordance with subsection (b) of this section shall not be subject to-- (1) the requirements of the Federal Advisory Committee Act (5 U.S.C. App.) with regard to notice of meetings and publication of the record of such disclosure; and (2) any agency rules regarding ex parte communications with decision making officials. (e) Exceptions.-- (1) Information obtained elsewhere.--Nothing in this section shall preclude a Federal or State entity, agency, or authority, or any third party, from separately obtaining cyber security information through the use of independent legal authorities, and using such separately obtained information in any action. (2) Public disclosure.--A restriction on use or disclosure of information under this section shall not apply to any information disclosed generally or broadly to the public. (3) Third party information.--A Federal entity, agency, or authority receiving cyber security information from one private entity about another private entity's cyber security shall notify and convey that information to the latter upon its initial receipt, except that such entity, agency, or authority shall not notify the third party if the Government has probable cause to believe that such party has conducted, or may be conducting economic espionage against United States entities within the meaning of the Economic Espionage Act (18 U.S.C. 1831 et seq.) or if such entity derives support from any nation currently under a trade embargo. SEC. 5. ANTITRUST EXEMPTION. (a) Exemption.--Except as provided in subsection (b), the antitrust laws shall not apply to conduct engaged in, including making and implementing an agreement, solely for the purpose of and limited to-- (1) facilitating the correction or avoidance of a cyber security-related problem; or (2) communication of or disclosing information to help correct or avoid the effects of a cyber security-related program. (b) Exception to Exemption.--Subsection (a) shall not apply with respect to conduct that involves or results in an agreement to boycott any person, to allocate a market, or to fix prices or output. SEC. 6. CYBER SECURITY WORKING GROUPS. (a) In General.-- (1) Working groups.--The President may establish and terminate working groups composed of Federal employees who will engage outside organizations in discussions to address cyber security, to share information related to cyber security, and otherwise to serve the purposes of this Act. (2) List of groups.--The President shall maintain and make available to the public a printed and electronic list of such working groups and a point of contact for each, together with an address, telephone number, and electronic mail address for such point of contact. (3) Balance.--The President shall seek to achieve a balance of participation and representation among the working groups. (4) Meetings.--Each meeting of a working group created under this section shall be announced in advance in accordance with procedures established by the President. (b) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working groups established under this section. (c) Private Right of Action.--This section creates no private right of action to sue for enforcement of any provision of this section.", "summary": "Cyber Security Information Act - Prohibits the disclosure of \"cyber security information\" (defined to include information related to the ability of any protected system, or critical infrastructure, to resist intentional interference or incapacitation through the misuse of or unauthorized access to or use of the Internet, telecommunications systems, or similar conduct that violates Federal, State, or international law, harms U.S. interstate commerce, or threatens public health or safety) that is voluntarily provided to a Federal entity.Provides that (with exceptions) any such information voluntarily provided directly to the Government about its own cyber security, a third party's cyber security, or to an Information Sharing Organization which is subsequently provided to the Government in identifiable form shall: (1) be exempt from disclosure under the Freedom of Information Act; (2) not be disclosed to any third party; and (3) not be used by any Federal or State entity or by any third party in any civil action.Makes the antitrust laws inapplicable (with an exception) to conduct engaged in solely for the purpose of and limited to: (1) facilitating the correction or avoidance of a cyber security-related problem; or (2) communication of or disclosing information to help correct or avoid the effects of a cyber security-related program.Authorizes the President to establish and terminate working groups composed of Federal employees who will engage outside organizations in discussions to address or share information related to cyber security, and otherwise to serve the purposes of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2005''. SEC. 2. EFFECT ON ENFORCEMENT OF REGULATIONS. (a) In General.--Notwithstanding section 412.23(b)(2) of title 42, Code of Federal Regulations, during the period beginning on July 1, 2005, and ending on the date that is 2 years after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall not-- (1) require a compliance rate, pursuant to the criterion (commonly known as the ``75 percent rule'') that is used to determine whether a hospital or unit of a hospital is an inpatient rehabilitation facility (as defined in the rule published in the Federal Register on May 7, 2004, entitled ``Medicare Program; Final Rule; Changes to the Criteria for Being Classified as an Inpatient Rehabilitation Facility'' (69 Fed. Reg. 25752)), that is greater than the 50 percent compliance threshold that became effective on July 1, 2004; (2) change the designation of an inpatient rehabilitation facility that is in compliance with the 50 percent threshhold; or (3) conduct medical necessity review of inpatient rehabilitation facilities using any guidelines, such as fiscal intermediary Local Coverage Determinations, other than the national criteria established in chapter 1, section 110 of the Medicare Benefits Policy Manual. (b) Retroactive Status as an Inpatient Rehabilitation Facility; Payments; Expedited Review.--The Secretary shall establish procedures for-- (1) making any necessary retroactive adjustment to restore the status of a facility as an inpatient rehabilitation facility as a result of subsection (a); (2) making any necessary payments to inpatient rehabilitation facilities based on such adjustment for discharges occurring on or after July 1, 2005 and before the date of enactment of this Act; and (3) developing and implementing an appeals process that provides for expedited review of any adjustment to the status of a facility as an inpatient rehabilitation facility made during the period beginning on July 1, 2005 and ending on the date that is 2 years after the date of enactment of this Act. SEC. 3. NATIONAL ADVISORY COUNCIL ON MEDICAL REHABILITATION. (a) Definitions.--In this section: (1) Advisory council.--The term ``Advisory Council'' means the National Advisory Council on Medical Rehabilitation established under subsection (b). (2) Appropriate federal agencies.--The term ``appropriate Federal agencies'' means-- (A) the Agency for Healthcare Research and Quality; (B) the Centers for Medicare & Medicaid Services; (C) the National Institute on Disability and Rehabilitation Research; and (D) the National Center for Medical Rehabilitation Research. (b) Establishment.--Pursuant to section 222 of the Public Health Service Act (42 U.S.C. 217a), the Secretary shall establish an advisory panel to be known as the ``National Advisory Council on Medical Rehabilitation''. (c) Membership.-- (1) Appointment.--The Advisory Council shall be composed of 17 members, of whom-- (A) 9 members shall be appointed by the Secretary, in consultation with the medical rehabilitation community, from a diversity of backgrounds, including-- (i) physicians; (ii) medicare beneficiaries; (iii) representatives of inpatient rehabilitation facilities; and (iv) other practitioners experienced in rehabilitative care; and (B) 8 members, not more than 4 of whom are members of the same political party, shall be appointed jointly by-- (i) the Majority Leader of the Senate; (ii) the Minority Leader of the Senate; (iii) the Speaker of the House of Representatives; (iv) the Minority Leader of the House of Representatives; (v) the Chairman and the Ranking Member of the Committee on Finance of the Senate; and (vi) the Chairman and the Ranking Member of the Committee on Ways and Means of the House of Representatives. (2) Date.--Members of the Advisory Council shall be appointed not later than 30 days after the date of enactment of this Act. (3) Period of appointment; vacancies.--Members shall be appointed for the life of the Council. A vacancy on the Advisory Council shall be filled not later than 30 days after the date on which the Advisory Council is given notice of the vacancy, in the same manner as the original appointment. (4) Meetings.-- (A) Initial meeting.--The Advisory Council shall conduct an initial meeting not later than 120 days after the date of enactment of this Act. (B) Meetings.--The Advisory Council shall conduct such meetings as the Council determines to be necessary to carry out its duties but shall meet not less frequently than 2 times during each calendar year. (d) Duties.--The duties of the Advisory Council shall include providing advice and recommendations to-- (1) Congress and the Secretary concerning the coverage of rehabilitation services under the medicare program, including-- (A) policy issues related to rehabilitative treatment and reimbursement for rehabilitative care, such as issues relating to any rulemaking relating to, or impacting, rehabilitation hospitals and units; (B) the appropriate criteria for-- (i) determining clinical appropriateness of inpatient rehabilitation facility admissions; and (ii) distinguishing an inpatient rehabilitation facility from an acute care hospital and other providers of intensive medical rehabilitation; (C) the efficacy of inpatient rehabilitation services, as opposed to other post-acute inpatient settings, through a comparison of quality and cost, controlling for patient characteristics (such as medical severity and motor and cognitive function) and discharge destination; (D) the effect of any medicare regulations on access to inpatient rehabilitation care by medicare beneficiaries and the clinical effectiveness of care available to such beneficiaries in other health care settings; and (E) any other topic or issue that the Secretary or Congress requests the Advisory Council to provide advice and recommendations on; and (2) appropriate Federal agencies (as defined in subsection (a)) on how to best utilize available research funds and authorities focused on medical rehabilitation research, including post-acute care site of service and outcomes research. (e) Periodic Reports.--The Advisory Council shall provide the Secretary with periodic reports that summarize-- (1) the Council's activities; and (2) any recommendations for legislation or administrative action the Council considers to be appropriate. (f) Termination.--The Advisory Council shall terminate on September 30, 2010. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. (h) Effective Date.--This section shall take effect on the date of enactment of this Act.", "summary": "Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2005 - Prohibits the Secretary of Health and Human Services, during the period between July 1, 2005, and the date two years after the enactment of this Act, from: (1) requiring a compliance rate, pursuant to the criterion (commonly known as the \"75 percent rule\") used to determine whether a hospital or hospital unit is an inpatient rehabilitation facility, that is greater than the 50 percent compliance threshold that became effective on July 1, 2004; (2) changing the designation of any inpatient rehabilitation facility in compliance with the 50 percent threshold; or (3) conducting medical necessity review of inpatient rehabilitation facilities using any guidelines other than the national criteria established in the Medicare Benefits Policy Manual. Directs the Secretary to establish procedures for: (1) making any necessary retroactive adjustment to restore the status of a facility as an inpatient rehabilitation facility as a result of this Act; (2) making any necessary payments to inpatient rehabilitation facilities based on such adjustment for discharges occurring on or after July 1, 2005, and before enactment of this Act; and (3) developing and implementing an appeals process that provides for expedited review of any adjustment to the status of a facility as an inpatient rehabilitation facility made during such period Directs the Secretary to establish the National Advisory Council on Medical Rehabilitation to provide advice and recommendations to: (1) Congress and the Secretary concerning the coverage of rehabilitation services under title XVIII (Medicare) of the Social Security Act; and (2) appropriate federal agencies on how best to utilize available research funds and authorities focused on medical rehabilitation research."}
{"article": "SECTION 1. SENSE OF THE SENATE ON NEED FOR COMPREHENSIVE DIPLOMATIC OFFENSIVE TO HELP BROKER NATIONAL RECONCILIATION EFFORTS IN IRAQ. (a) Findings.--The Senate makes the following findings: (1) The men and women of the United States Armed Forces have performed with honor and distinction in executing Operation Iraqi Freedom and deserve the gratitude of the American people. (2) General David H. Petraeus, Commander of the Multinational Force-Iraq, stated on March 8, 2007, ``There is no military solution to a problem like that in Iraq.''. (3) President George W. Bush reiterated on July 12, 2007, that the United States troop surge implemented in 2007 ``seeks to open space for Iraq's political leaders to advance the difficult process of national reconciliation, which is essential to lasting security and stability''. (4) Greater involvement and diplomatic engagement by Iraq's neighbors and key international actors can help facilitate the national political reconciliation so essential to sustainable success in Iraq. (5) The United States troop surge carried out in 2007 has not, as of yet, been matched by a comparable diplomatic surge designed to ensure that Iraqi national leaders carry through on the process of national reconciliation. (6) The final report of the Iraq Study Group, released in December 2006, declared, ``The United States must build a new international consensus for stability in Iraq and the region. In order to foster such consensus, the United States should embark on a robust diplomatic effort to establish an international support structure intended to stabilize Iraq and ease tensions in other countries in the region. This support structure should include every country that has an interest in averting a chaotic Iraq, including all of Iraq's neighbors.''. (7) On August 10, 2007, the United Nations Security Council voted unanimously to expand the mandate of its mission in Iraq to assist the national government with political reconciliation, bring together Iraq's neighbors to discuss border security and energy access, and facilitate much needed humanitarian assistance. (8) The United States Ambassador to Iraq, the Honorable Ryan C. Crocker, asserted on September 11, 2007, in testimony before the Committee on Foreign Relations of the Senate, ``With respect, again, to [Iraq's] neighbors and others, that is exactly our intent to have a more intensive, positive, more regulated engagement between Iraq and its neighbors. . . . The United Nations is now positioned to play a more active and involved role.''. (9) General Petraeus said on September 11, 2007, in response to a question on the need for greater civilian activity in Iraq, ``I agree with the chairman of the Joint Chiefs of Staff who has said repeatedly that certain elements of our government are at war, DoD, State, AID, but not all of the others. . . . We can use help in those areas. Some of the areas are quite thin, agriculture, health, and some others.''. (10) The United States troop surge carried out in 2007 has not, as of yet, been matched by a comparable civilian surge designed to help the Government of Iraq strengthen its capabilities in providing essential government services. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) the United States Government should take the lead in organizing a comprehensive diplomatic offensive, consisting of bilateral, regional, and international initiatives, to assist the Government of Iraq in achieving national reconciliation and successfully meeting key security, political, and economic benchmarks; (2) it is in the interest of the United States and the people of Iraq that Iraq is not seen as a uniquely ``American'' problem, but rather as of enduring importance to the security and prosperity of its neighbors, the entire Middle East region, and the broader international community; (3) the greater involvement in a constructive fashion of Iraq's neighbors, whether through a regional conference or another mechanism, can help stabilize Iraq and end the outside flows of weapons, explosive materials, foreign fighters, and funding that contribute to the current sectarian warfare in Iraq; (4) the President and the Secretary of State should invest their personal time and energy in these diplomatic efforts to ensure that they receive the highest priority within the United States Government and are viewed as a serious effort in the region and elsewhere; (5) the President, in order to demonstrate that a regional diplomacy strategy enjoys attention at the highest levels of the United States Government, should appoint a seasoned, high- level Presidential envoy to the Middle East region to supplement the efforts of Ambassador Crocker and focus on the establishment of a regional framework to help stabilize Iraq; (6) the United States Government should build upon tentative progress achieved by the International Compact for Iraq and the Iraq Neighbors Conference to serve as the basis for a more intensive and sustained effort to construct an effective regional mechanism; (7) the President should direct the United States Permanent Representative to the United Nations to use the voice and vote of the United States at the United Nations to seek the appointment of an international mediator in Iraq, under the auspices of the United Nations Security Council, to engage political, religious, ethnic, and tribal leaders in Iraq to foster national reconciliation efforts; (8) the United States Government should begin planning for a wide-ranging dialogue on the mandate governing international support for Iraq when the current United Nations mandate authorizing the United States-led coalition expires at the end of 2007; (9) the United States Government should more directly press Iraq's neighbors to open fully operating embassies in Baghdad and establish inclusive diplomatic relations with the Government of Iraq to help ensure the Government is viewed as legitimate throughout the region; (10) the United States Government should strongly urge the governments of those countries that have previously pledged debt forgiveness and economic assistance to the Government of Iraq to fully carry through on their commitments on an expedited basis; (11) a key objective of any diplomatic offensive should be to ameliorate the suffering and deprivation of Iraqi refugees, both those displaced internally and those who have fled to neighboring countries, through coordinated humanitarian assistance and the development of a regional framework to establish long-term solutions to the future of displaced Iraqi citizens; (12) the United States Government should reallocate diplomats and Department of State funds as required to ensure that any comprehensive diplomatic offensive to stabilize Iraq on an urgent basis has the needed resources to succeed; and (13) the United States Government should reallocate civilian expertise to help governmental entities in Iraq strengthen their ability to provide essential government services to the people of Iraq.", "summary": "Expresses the sense of the Senate on the need for a comprehensive diplomatic offensive to help broker national reconciliation efforts in Iraq and lay the foundation for the eventual redeployment of U.S. combat forces."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Biomedical Research Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The National Institutes of Health (referred to in this section as the ``NIH'') is the leading biomedical research entity in the world. It supports researchers in every State as they discover treatments and cures to prevent and reduce human suffering. Thanks in large part to NIH-funded medical research, Americans today are living longer and healthier. Life expectancy in the United States has jumped from 47 years in 1900 to 78 years in 2009, and disability in people over age 65 has dropped dramatically in the past 3 decades. (2) Over the past 40 years, NIH-supported research contributed to the discovery of 153 new Food and Drug Administration-approved drugs, vaccines, or new indications for current drugs. (3) The application success rate is now at an all-time low. From 1980 to 2003, the last year of the doubling, the grant application success rate ranged between 25 and 35 percent. By 2013, the grant success rate had fallen to 16.8 percent. (4) Recent Federal funding cuts threaten to diminish United States leadership in the world. The international community has recognized the role biomedical research plays in generating economic growth. England, China, Brazil, South Korea, India, Singapore, Germany, France and Japan are increasing their investment, despite the worldwide recession. Only the United States has decreased its investment, from 0.215 percent of Gross Domestic Product in 2003 (the last year of the doubling) to 0.174 percent in 2013. In 8 years, if current trends continue, China will surpass the United States in total government biomedical research investment. (5) NIH is vital to the United States economy. In fiscal year 2012, the NIH extramural program supported around 50,000 competitive research grants and 300,000 scientists and research personnel at more than 2,500 universities, medical schools, and other research institutions across our 50 States. (6) Economists have estimated the return on each dollar of investment in NIH to generate anywhere from $1.80 to $3.20 in economic output. The Federal investment of $3,800,000,000 in the Human Genome Project from 1988 to 2003 helped drive $796,000,000,000 in economic output, which is a return of $141 for every $1 invested. (7) In 2013, sales of products built around licensed NIH and Food and Drug Administration inventions included 358 licensees reporting a total of $7,000,000,000 in sales. (8) The historic doubling of Federal funding for the National Institutes of Health ended in fiscal year 2003. Since that time, NIH appropriations have not kept up with biomedical inflation. NIH has lost more than 20 percent of its purchasing power for medical research since 2003. (9) If NIH had kept up with biomedical inflation, NIH's appropriation would have totaled $37,000,000,000 in 2013, instead of the $28,900,000,000 that was actually appropriated, a loss of $8,100,000,000 or 28 percent. To restore funding to the 2003 post-doubling level would require Congress to appropriate $46,500,000,000 in fiscal year 2021, the final year of the Budget Control Act of 2011 (Public Law 112-25). (10) High health care costs from a variety of common conditions threaten Federal, State, and local budgets, as well as the budgets of American families. Recent estimates indicate that the economic costs of Alzheimer's disease is over $200,000,000,000 each year but will rise to over $1,000,000,000,000 by 2050 unless a prevention or cure is found. In 2006, economists found that a future 1 percent reduction in mortality rates from cancer would save $500,000,000,000 to current and future Americans. A cure for cancer was estimated to save $50,000,000,000,000 to Americans, more than 3 times the gross domestic product of the United States in 2012. The Centers for Disease Control and Prevention reports that annual costs from undiagnosed diabetes was $245,000,000,000 each year. And a recent study projects that by 2030, nearly 44 percent of the United States population will face some form of cardiovascular disease costing a total of $1,208,000,000,000 between 2012 and 2030. (11) Budget cap adjustments are how Congress traditionally prioritizes areas of spending that produce economic growth and reduce costs that contribute to the Federal debt. SEC. 3. CAP ADJUSTMENT. Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C), the following: ``(D) National institutes of health.-- ``(i) In general.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the National Institutes of Health at the Department of Health and Human Services (75-9915-1-1-552), then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2015, $3,000,000,000 in additional new budget authority; ``(II) for fiscal year 2016, $6,300,000,000 in additional new budget authority; ``(III) for fiscal year 2017, $8,100,000,000 in additional new budget authority; ``(IV) for fiscal year 2018, $10,000,000,000 in additional new budget authority; ``(V) for fiscal year 2019, $12,000,000,000 in additional new budget authority; ``(VI) for fiscal year 2020, $14,100,000,000 in additional new budget authority; and ``(VII) for fiscal year 2021, $16,300,000,000 in additional new budget authority. ``(ii) Definitions.--As used in this subparagraph: ``(I) Additional new budget authority.--The term `additional new budget authority' means the amount provided for a fiscal year, in excess of $29,926,104,000, in an appropriation Act and specified to support the National Institutes of Health. ``(II) National institutes of health.--The term `National Institutes of Health' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Institutes of Health.''.", "summary": "Accelerating Biomedical Research Act - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require certain adjustments to discretionary spending limits in FY2015-FY2021 to accommodate increases in appropriations to the National Institutes of Health (NIH) at the Department of Health and Human Services (HHS)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Investment Incentive Act of 2003''. SEC. 2. EXPENSING OF SOFTWARE AND QUALIFIED TECHNOLOGICAL EQUIPMENT. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 179A the following new section: ``SEC. 179B. EXPENSING OF SOFTWARE AND QUALIFIED TECHNOLOGICAL EQUIPMENT. ``(a) Treatment as Expenses.--A taxpayer may elect to treat the cost of any section 179B property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the section 179B property is placed in service. ``(b) Section 179B Property.--For purposes of this section-- ``(1) In general.--The term `section 179B property' means property-- ``(A)(i) which is qualified technological equipment (as defined in section 168(i)(2)) to which section 168 applies, or ``(ii) which is qualified computer software to which section 167 applies, ``(B) which is section 1245 property (as defined in section 1245(a)(3)), ``(C) which is acquired by purchase (as defined in section 179(b)(2)) after the date of the enactment of this section and before September 11, 2004, for use in the active conduct of a trade or business, and ``(D) which is placed in service on or before September 11, 2004. ``(2) Qualified computer software.--The term `qualified computer software' means computer software (as defined in section 197(e)(3)(B)) which is described in section 197(e)(3)(A)(i). ``(c) Property Used Outside the United States Not Qualified.--No deduction shall be allowed under subsection (a) with respect to property which is used predominantly outside the United States or with respect to the portion of the cost of any property taken into account under section 179. ``(d) Basis Reduction.-- ``(1) In general.--For purposes of this title, the basis of any property shall be reduced by the amount of the deduction with respect to such property which is allowed by subsection (a). ``(2) Ordinary income recapture.--For purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property that is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167.''. (b) Conforming Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by inserting after subparagraph (H) the following new subparagraph: ``(I) expenditures for which a deduction is allowed under section 179B.''. (2) Section 312(k)(3)(B) of such Code is amended by striking ``or 179A'' each place it appears in the heading and text and inserting ``, 179A, or 179B''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting ``, and'', and by inserting after paragraph (30) the following new paragraph: ``(31) to the extent provided in section 179B(d)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179B,'' after ``179A,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of contents for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 179A the following new item: ``Sec. 179B. Expensing of software and qualified technological equipment.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. 3-YEAR DEPRECIATION OF WIRELESS TELECOMMUNICATIONS EQUIPMENT, ADVANCED SERVICES EQUIPMENT, NETWORK OR NETWORK SYSTEM EQUIPMENT, AND RESEARCH EXPENSES FOR SOFTWARE DEVELOPMENT. (a) In General.--Subsection (e) of section 168 of the Internal Revenue Code of 1986 (relating to classification of property) is amended by adding after paragraph (5) the following new paragraph: ``(6) Certain property treated as 3-year property.-- ``(A) In general.--The term `3-year property' includes property-- ``(i) described in subparagraph (B), (C), or (D), ``(ii) acquired by purchase (as defined in section 179(b)(2)) after the date of the enactment of this paragraph and on or before September 11, 2004, and ``(iii) placed in service on or before September 11, 2004. ``(B) Wireless telecommunications equipment.-- Property is described in this subparagraph if such property is equipment used in the transmission, reception, coordination, or switching of wireless telecommunications service. ``(C) Advanced services equipment.--Property is described in this subparagraph if such property is equipment (excluding cabling) used in the provision of Internet or electronic communications access services or support, or which supports access to electronic media and data and associated communications support, provided that such services or support, constitute or directly contribute to the provisions of advanced telecommunications capability. ``(D) Network or network system equipment.-- Property is described in this subparagraph if such property is information technology equipment, including computer servers, hubs, bridges, switches and routers, which are interconnected so as to enable computers and peripherals to communicate with each other either individually or as a single unit. ``(E) Treatment under alternative system.--Property treated as 3-year property by this paragraph shall be treated as having a class life of 3 years for purposes of subsection (g).'' (b) Research Expenses for Software Development.--Subsection (b) of section 174 of such Code is amended by adding at the end the following new paragraph: ``(3) Expenditures for software development.--Paragraph (1) shall be applied by substituting `36 months' for `60 months' in the case of expenditures for software development which are made after the date of the enactment of this paragraph and before September 11, 2004.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.", "summary": "Technology Investment Incentive Act of 2003 - Amends the Internal Revenue Code to: (1) permit the expensing of certain technological equipment and computer software; and (2) include, for recovery purposes, as three-year property certain wireless telecommunications equipment, advanced services equipment, network or network system equipment, and research expenses for software development."}
{"article": "SECTION 1. ENERGYGRANT COMPETITIVE EDUCATION PROGRAM. (a) Definitions.--In this section: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Director appointed under subsection (c). (3) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (b) Establishment.--The Secretary shall establish and carry out a program to awards grants, on a competitive basis, to each consortium of institutions of higher education operating in each of the regions established under subsection (d) to conduct research, extension, and education programs relating to the energy needs of the regions. (c) Director.--The Secretary shall appoint a Director to carry out the program established under this section. (d) Grants.-- (1) In general.--The Secretary shall use amounts made available under this section to award grants, on a competitive basis, to each consortium of institutions of higher education located in each of at least 6 regions established by the Secretary that, collectively, cover all States. (2) Manner of distribution.-- (A) In general.--Except as provided in subparagraph (B), in making grants for a fiscal year under this section, the Secretary shall award grants to each consortium of institutions of higher education in equal amounts for each region of not less than $50,000,000 for each region. (B) Territories and possessions.--The Secretary may adjust the amount of grants awarded to a consortium of institutions of higher education in a region under this section if the region contains territories or possessions of the United States. (3) Plans.--As a condition of an initial grant under this section, a consortium of institutions of higher education in a region shall submit to the Secretary for approval a plan that-- (A) addresses the energy needs for the region; and (B) describes the manner in which the proposed activities of the consortium will address those needs. (4) Failure to comply with requirements.--If the Secretary finds on the basis of a review of the annual report required under subsection (g) or on the basis of an audit of a consortium of institutions of higher education conducted by the Secretary that the consortium has not complied with the requirements of this section, the consortium shall be ineligible to receive further grants under this section for such period of time as may be prescribed by the Secretary. (e) Use of Funds.-- (1) Competitive grants.-- (A) In general.--A consortium of institutions of higher education in a region that is awarded a grant under this section shall use the grant to conduct research, extension, and education programs relating to the energy needs of the region, including-- (i) the promotion of low-carbon clean and green energy and related jobs that are applicable to the region; (ii) the development of low-carbon green fuels to reduce dependency on oil; (iii) the development of energy storage and energy management innovations for intermittent renewable technologies; and (iv) the accelerated deployment of efficient-energy technologies in new and existing buildings and in manufacturing facilities. (B) Administration.-- (i) In general.--Subject to clauses (ii) through (vi), the Secretary shall make grants under this paragraph in accordance with section 989 of the Energy Policy Act of 2005 (42 U.S.C. 16353). (ii) Priority.--A consortium of institutions of higher education in a region shall give a higher priority to programs that are consistent with the plan approved by the Secretary for the region under subsection (d)(3). (iii) Term.--A grant awarded to a consortium of institutions of higher education under this section shall have a term that does not exceed 5 years. (iv) Cost-sharing requirement.--As a condition of receiving a grant under this paragraph, the Secretary shall require the recipient of the grant to share costs relating to the program that is the subject of the grant in accordance with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). (v) Buildings and facilities.--Funds made available for grants under this section shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement and architect fees). (vi) Limitation on indirect costs.--A consortium of institutions of higher education may not recover the indirect costs of using grants under subparagraph (A) in excess of the limits established under paragraph (2). (C) Federally funded research and development centers.-- (i) In general.--A federally funded research and development center may be a member of a consortium of institutions of higher education that receives a grant under this section. (ii) Scope.--The Secretary shall ensure that the scope of work performed by a single federally funded research and development center in the consortium is not more significant than the scope of work performed by any of the other academic institutions of higher education in the consortium. (2) Administrative expenses.--A consortium of institutions of higher education may use up to 15 percent of the funds described in subsection (d) to pay administrative and indirect expenses incurred in carrying out paragraph (1), unless otherwise approved by the Secretary. (f) Grant Information Analysis Center.--A consortium of institutions of higher education in a region shall maintain an Energy Analysis Center at 1 or more of the institutions of higher education to provide the institutions of higher education in the region with analysis and data management support. (g) Annual Reports.--Not later than 90 days after the end of each fiscal year, a consortium of institutions of higher education receiving a grant under this section shall submit to the Secretary a report that describes the policies, priorities, and operations of the program carried out by the consortium of institutions of higher education under this section during the fiscal year. (h) Administration.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish such criteria and procedures as are necessary to carry out this section. (i) Coordination.--The Secretary shall coordinate with the Secretary of Agriculture and the Secretary of Commerce each activity carried out under the program under this section-- (1) to avoid duplication of efforts; and (2) to ensure that the program supplements and does not supplant-- (A) the Sun Grant program established under section 7526 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8114); and (B) the national Sea Grant college program carried out by the Administrator of the National Oceanic and Atmospheric Administration. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out-- (1) this section $300,000,000 for each of fiscal years 2010 through 2014; and (2) the activities of the Department of Energy (including biomass and bioenergy feedstock assessment research) under the Sun Grant program established under section 7526 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8114) $15,000,000 for each of fiscal years 2010 through 2014.", "summary": "Directs the Secretary of Energy to award competitive matching grants to consortia of institutions of higher education (IHEs) located in at least six regions covering all the states to conduct research, extension, and education programs relating to the energy needs of such regions. Includes among such needs: (1) the promotion of low-carbon clean and green energy and related jobs; (2) the development of low-carbon green fuels to reduce dependency on oil; (3) the development of energy storage and energy management innovations for intermittent renewable technologies; and (4) the accelerated deployment of efficient-energy technologies in buildings and manufacturing facilities. Allows federally funded research and development centers to be members of such consortia. Requires each grantee to maintain an Energy Analysis Center to provide the IHEs in the region with analysis and data management support. Authorizes appropriations for this Act's grant program and the Department of Energy's Sun Grant program, which supports research involving bioenergy and biofuels production."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Solar Stimulus for Job Creation and Energy Independence Act of 2009''. SEC. 2. REFUNDABLE INVESTMENT CREDIT FOR PROPERTY USED TO MANUFACTURE SOLAR ENERGY PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (defining energy property) is amended by striking ``or'' at the end of clause (vi), by adding ``or'' at the end of clause (vii), and by inserting after clause (vii) the following new clause: ``(viii) property used to manufacture equipment described in clause (i) or (ii),''. (b) Credit To Be Refundable.-- (1) In general.--Subsection (c) of section 38 of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Special rules for solar energy investment credit.-- ``(A) In general.--In the case of the solar energy investment credit-- ``(i) this section and section 39 shall be applied separately with respect to such credit, ``(ii) in applying paragraph (1) to such credit-- ``(I) the tentative minimum tax shall be treated as being zero, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the solar energy investment credit), and ``(iii) the amount of the solar energy investment credit in excess of the limitation under paragraph (1) (as modified by subclause (II)) shall be treated as a credit under subpart C. ``(B) Solar energy investment credit.--For purposes of this subsection, the term `solar energy investment credit' means so much of the energy credit as is attributable to property described in clause (viii) of section 48(a)(3)(A). ``(C) Termination.--This paragraph shall not apply to any taxable year ending after December 31, 2010.''. (2) Conforming amendments.-- (A) Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by striking ``and the specified credits'' and inserting ``the specified credits, and the solar energy investment credit''. (B) Subclause (II) of section 38(c)(3)(A)(ii) of such Code is amended by striking ``and the specified credits'' and inserting ``, the specified credits, and the solar energy investment credit''. (C) Subclause (II) of section 38(c)(4)(A)(ii) of such Code is amended by inserting ``and the solar energy investment credit'' after ``specified credits''. (D) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``38(c)(5),'' after ``36,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. EXCEPTION FROM SUBSIDIZED ENERGY FINANCING RULES FOR SOLAR ENERGY PROPERTY. (a) In General.--Subparagraph (C) of section 48(a)(4) of the Internal Revenue Code of 1986 (defining subsidized energy financing) is amended by adding at the end the following new sentence: ``Such term shall not include any loan described in section 141(c)(2)(D).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after such date in taxable years ending after such date. SEC. 4. EXCEPTION FROM PRIVATE ACTIVITY BOND TESTS FOR FINANCING OF SOLAR ENERGY PROPERTY. (a) Exception From Private Business Use Test.--Paragraph (6) of section 141(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Solar energy property.--For purposes of subparagraph (A), property described in clause (i) or (ii) of section 48(a)(3)(A) shall not be treated as used in a trade or business.''. (b) Exception From Private Loan Financing Test.--Paragraph (2) of section 141(c) of the Internal Revenue Code of 1986 (relating to exception for tax assessment, etc., loans) is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(D) enables the borrower to finance the acquisition, construction, and installation of property described in clause (i) or (ii) of section 48(a)(3)(A).''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 5. GOVERNMENT PROCUREMENT OF SOLAR ENERGY. Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Contracts for Renewable Energy.--Notwithstanding section 501(b)(1)(B) of title 40, United States Code, a contract for renewable energy may be made for a period of not more than 25 years.''.", "summary": "Solar Stimulus for Job Creation and Energy Independence Act of 2009 - Amends the Internal Revenue Code to: (1) provide for the refundability of the energy tax credit for investment in property used to manufacture solar energy property through 2010; and (2) exempt certain solar energy property from private activity bond usage and loan financing rules. Amends the Energy Policy Act of 2005 to limit to 25 years the contract period for federal purchases of renewable energy."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Training Enhancement Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The viability of the domestic steel industry is crucial to the United States economy and national security. (2) The steel and taconite iron mining industries have been severely impacted by the foreign dumping and overproduction of steel and are continually faced with unfair trade practices. (3) In 2014, United States imports of steel and steel products increased by 36 percent and captured 28 percent of the total United States steel market. In 2015, United States imports of steel and steel products continued to increase, and captured 29 percent of the total United States steel market. (4) In 1974, Congress enacted the Trade Act of 1974 (19 U.S.C. 2101 et seq.), which established the trade adjustment assistance program under chapter 2 of title II of that Act (19 U.S.C. 2271 et seq.) to assist workers who have been adversely affected by trade. (5) The trade adjustment assistance program provides vital benefits and services to workers whose employment has been adversely affected by foreign trade. Those benefits and services include education and training, income support, relocation assistance, job search assistance, and the health coverage tax credit. (6) Since the inception of the trade adjustment assistance program, more than 5,000,000 United States workers have been certified as eligible for benefits and services under the program. (7) As of September 30, 2015, the trade adjustment assistance program had served more than 2,200,000 workers. (8) In fiscal year 2015, the Department of Labor certified 413 petitions for eligibility for the trade adjustment assistance program, which provided access to trade adjustment assistance benefits for 57,631 workers. (9) In 2015, more than 13,000 new participants were enrolled in the trade adjustment assistance for workers program and the program provided services and benefits to more than 47,000 workers. (10) From fiscal year 2012 through fiscal year 2015, the average processing time for a petition under the trade adjustment assistance for workers program was 49.1 days and the average processing time for fiscal year 2015 was 47.2 days. (11) The trade adjustment assistance program provides vital education and training services to assist trade-affected workers to acquire new skills and prepare for new employment. (12) From 2012 through 2015, more than 9,800 steelworkers and iron ore miners in 17 States lost their jobs as a result of increases in imports of steel and steel products and were certified as eligible to apply for the trade adjustment assistance program. (13) In fiscal year 2015, more than 6,500 steelworkers were certified as eligible for trade adjustment assistance, including workers who were laid off or furloughed in 2014. (14) In order to empower workers who have been adversely affected by foreign trade, States should have the option of providing the funding for vital educational and training programs for workers while their petitions for certification of eligibility for trade adjustment assistance is pending. SEC. 3. AUTHORIZATION OF STATES TO REIMBURSE CERTAIN COSTS OF PROVIDING TRAINING TO WORKERS AFTER A PETITION FOR TRADE ADJUSTMENT ASSISTANCE IS FILED. (a) In General.--Section 236(a)(6) of the Trade Act of 1974 (19 U.S.C. 2296(a)(6)) is amended by adding at the end the following: ``(C)(i) If the conditions described in clause (ii) are met, a State may use the funds distributed to the State under paragraph (2) to reimburse the costs of providing training to a worker before the worker is approved for training under paragraph (1) paid by-- ``(I) the State from funds provided by the State; ``(II) the State or local workforce development areas within the State from funds available under subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151 et seq.); or ``(III) an eligible entity under section 170 of that Act (29 U.S.C. 3225) in the State from funds available under that section. ``(ii) The conditions described in this clause are met if-- ``(I) as of the date of the reimbursement under clause (i) the worker is covered by a certification for eligibility under subchapter A; and ``(II) the training, the costs of which are being reimbursed-- ``(aa) commenced after the date on which the total or partial separations of the group of workers covered by the certification for eligibility began or threatened to begin; and ``(bb) meets the requirements for approval of training under paragraph (1).''. (b) Conforming Amendment.--Section 236(a)(4)(B) of the Trade Act of 1974 (19 U.S.C. 2296(a)(4)(B)) is amended by striking ``No'' and inserting ``Except as provided in paragraph (6)(C), no''.", "summary": "Workforce Training Enhancement Act of 2016 This bill amends the Trade Act of 1974, with respect to trade adjustment assistance (TAA) for training to adversely affected workers, to authorize a state to use certain funds distributed by the Department of Labor to reimburse the costs of providing training to an adversely affected worker before the worker is approved for training under the Act if those costs have been paid by: the state from state funds, the state or local workforce development areas within the state from funds available for workforce investment activities and providers under the Workforce Innovation and Opportunity Act, or another entity eligible in the state under the national dislocated worker grants program from funds available for that program. The use of funds under this Act shall be conditioned, however, on the worker's coverage by a certification for TAA eligibility for training meeting approval requirements which commenced after the date on which the total or partial separations of the group of workers covered by the certification for eligibility began or threatened to begin."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Survivor Benefits Improvement Act of 2003''. SEC. 2. COMPUTATION OF BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR SURVIVING SPOUSES OVER AGE 62. (a) Phased Increase in Basic Annuity.-- (1) Standard annuity.-- (A) Increase to 55 percent.--Clause (i) of subsection (a)(1)(B) of section 1451 of title 10, United States Code, is amended by striking ``35 percent of the base amount.'' and inserting ``the product of the base amount and the percent applicable to the month, as follows: ``(I) For a month before October 2004, the applicable percent is 35 percent. ``(II) For a month during fiscal year 2005, the applicable percent is 40 percent. ``(III) For a month during fiscal year 2006, the applicable percent is 45 percent. ``(IV) For a month during fiscal year 2007, the applicable percent is 50 percent. ``(V) For a month during a fiscal year after fiscal year 2007, the applicable percent is 55 percent.''. (B) Coordination with savings provision under prior law.--Clause (ii) of such subsection is amended by striking ``, at the time the beneficiary becomes entitled to the annuity,''. (2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I) of such section is amended by striking ``35 percent'' and inserting ``the percent specified under subsection (a)(1)(B)(i) as being applicable for the month''. (3) Survivors of eligible persons dying on active duty, etc.-- (A) Increase to 55 percent.--Clause (i) of subsection (c)(1)(B) of such section is amended-- (i) by striking ``35 percent'' and inserting ``the applicable percent''; and (ii) by adding at the end the following: ``The percent applicable for a month under the preceding sentence is the percent specified under subsection (a)(1)(B)(i) as being applicable for that month.''. (B) Coordination with savings provision under prior law.--Clause (ii) of such subsection is amended by striking ``, at the time the beneficiary becomes entitled to the annuity,''. (4) Clerical amendment.--The heading for subsection (d)(2)(A) of such section is amended to read as follows: ``Computation of annuity.--''. (b) Corresponding Phased Elimination of Supplemental Annuity.-- (1) Phased reduction of supplemental annuity.--Section 1457(b) of title 10, United States Code, is amended-- (A) by striking ``5, 10, 15, or 20 percent'' and inserting ``the applicable percent''; and (B) by inserting after the first sentence the following: ``The percent used for the computation shall be an even multiple of 5 percent and, whatever the percent specified in the election, may not exceed 20 percent for months before October 2004, 15 percent for months during fiscal year 2005, 10 percent for months during fiscal year 2006, and 5 percent for months after September 2006.''. (2) Repeal upon implementation of 55 percent sbp annuity.-- Effective on October 1, 2007, chapter 73 of such title is amended-- (A) by striking subchapter III; and (B) by striking the item relating to subchapter III in the table of subchapters at the beginning of that chapter. (c) Recomputation of Annuities.-- (1) Periodic recomputation required.--Effective on the first day of each month specified in paragraph (2)-- (A) each annuity under section 1450 of title 10, United States Code, that commenced before that month, is computed under a provision of section 1451 of that title amended by subsection (a), and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that provision, as so amended, had been used for the initial computation of the annuity; and (B) each supplemental survivor annuity under section 1457 of such title that commenced before that month and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that section, as amended by this section, had been used for the initial computation of the supplemental survivor annuity. (2) Time for recomputation.--The requirement under paragraph (1) for recomputation of certain annuities applies with respect to the following months: (A) October 2004. (B) October 2005. (C) October 2006. (D) October 2007. (d) Recomputation of Retired Pay Reductions for Supplemental Survivor Annuities.--The Secretary of Defense shall take such actions as are necessitated by the amendments made by subsection (b) and the requirements of subsection (c)(1)(B) to ensure that the reductions in retired pay under section 1460 of title 10, United States Code, are adjusted to achieve the objectives set forth in subsection (b) of that section. SEC. 3. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN COMMENCING OCTOBER 1, 2004. (a) Persons Not Currently Participating in Survivor Benefit Plan.-- (1) Election of sbp coverage.--An eligible retired or former member may elect to participate in the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, during the open enrollment period specified in subsection (f). (2) Election of supplemental annuity coverage.--An eligible retired or former member who elects under paragraph (1) to participate in the Survivor Benefit Plan at the maximum level may also elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code. (3) Eligible retired or former member.--For purposes of paragraphs (1) and (2), an eligible retired or former member is a member or former member of the uniformed services who on the day before the first day of the open enrollment period is not a participant in the Survivor Benefit Plan and-- (A) is entitled to retired pay; or (B) would be entitled to retired pay under chapter 1223 of title 10, United States Code, but for the fact that such member or former member is under 60 years of age. (4) Status under sbp of persons making elections.-- (A) Standard annuity.--A person making an election under paragraph (1) by reason of eligibility under paragraph (3)(A) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan. (B) Reserve-component annuity.--A person making an election under paragraph (1) by reason of eligibility under paragraph (3)(B) shall be treated for all purposes as providing a reserve-component annuity under the Survivor Benefit Plan. (b) Election To Increase Coverage Under SBP.--A person who on the day before the first day of the open enrollment period is a participant in the Survivor Benefit Plan but is not participating at the maximum base amount or is providing coverage under the Plan for a dependent child and not for the person's spouse or former spouse may, during the open enrollment period, elect to-- (1) participate in the Plan at a higher base amount (not in excess of the participant's retired pay); or (2) provide annuity coverage under the Plan for the person's spouse or former spouse at a base amount not less than the base amount provided for the dependent child. (c) Election for Current SBP Participants To Participate in Supplemental SBP.-- (1) Election.--A person who is eligible to make an election under this paragraph may elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code, as added by section 1404. (2) Persons eligible.--Except as provided in paragraph (3), a person is eligible to make an election under paragraph (1) if on the day before the first day of the open enrollment period the person is a participant in the Survivor Benefit Plan at the maximum level, or during the open enrollment period the person increases the level of such participation to the maximum level under subsection (b) of this section, and under that Plan is providing annuity coverage for the person's spouse or a former spouse. (3) Limitation on eligibility for certain sbp participants not affected by two-tier annuity computation.--A person is not eligible to make an election under paragraph (1) if (as determined by the Secretary concerned) the annuity of a spouse or former spouse beneficiary of that person under the Survivor Benefit Plan will be computed under section 1451(e) of title 10, United States Code. However, such a person may during the open enrollment period waive the right to have that annuity computed under such section. Any such election is irrevocable. A person making such a waiver may make an election under paragraph (1) as in the case of any other participant in the Survivor Benefit Plan. (d) Manner of Making Elections.--An election under this section must be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Any such election shall be made subject to the same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. A person making an election under subsection (a) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code. (e) Effective Date for Elections.--Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned. (f) Open Enrollment Period Defined.--The open enrollment period is the one-year period beginning on October 1, 2004. (g) Effect of Death of Person Making Election Within Two Years of Making Election.--If a person making an election under this section dies before the end of the two-year period beginning on the effective date of the election, the election is void and the amount of any reduction in retired pay of the person that is attributable to the election shall be paid in a lump sum to the person who would have been the deceased person's beneficiary under the voided election if the deceased person had died after the end of such two-year period. (h) Applicability of Certain Provisions of Law.--The provisions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this section in the same manner as if the election were made under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. (i) Additional Premium.--The Secretary of Defense may require that the premium for a person making an election under subsection (a)(1) or (b) include, in addition to the amount required under section 1452(a) of title 10, United States Code, an amount determined under regulations prescribed by the Secretary of Defense for the purposes of this subsection. Any such amount shall be stated as a percentage of the base amount of the person making the election and shall reflect the number of years that have elapsed since the person retired, but may not exceed 4.5 percent of that person's base amount. (j) Report Concerning Open Season.--Not later than July 1, 2004, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the open season authorized by this section for the Survivor Benefit Plan. The report shall include the following: (1) A description of the Secretary's plans for implementation of the open season. (2) The Secretary's estimates of the costs associated with the open season, including any anticipated effect of the open season on the actuarial status of the Department of Defense Military Retirement Fund. (3) Any recommendation by the Secretary for further legislative action.", "summary": "Military Survivor Benefits Improvement Act of 2003 - Adjusts the basic Survivor Benefit Plan (SBP) annuity amount for surviving spouses, age 62 and older, of former military personnel to: (1) 35 percent of the retired pay of the decedent (current law), for months before October 2004; (2) 40 percent for months during FY 2005; (3) 45 percent for months during FY 2006; (4) 50 percent for months during FY 2007; and (5) 55 percent for months after FY 2007. Adjusts similarly percentage amounts with respect to survivors of reserve personnel and survivors of persons who die while on active duty. Provides a corresponding phased elimination of the SBP supplemental annuity authorized to be provided to such surviving spouses. Requires periodic recomputation of: (1) annuity amounts beginning in October 2004; and (2) retired pay reductions for supplemental survivor annuities.Provides a one-year open enrollment period for SBP participation, commencing October 1, 2004, for those currently not participating, those electing to increase current coverage, and those wishing to participate in the supplemental SBP.Authorizes the Secretary of Defense to require appropriate premiums for SBP participation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Right of Passage Community Service Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The teenage years are a pivotal time of life, when young people are making choices that will effect them for the rest of their lives. (2) How young people spend their time during their teenage years may set them on a course of active citizenship and engaged learning, or down a path of risky behavior with the likelihood of failure. (3) Research suggests that when young people see that they are able to improve the lives of others they feel that they are able to control and improve their own lives. (4) If properly trained, organized, and supervised, teenagers are a resource that can make a significant contribution to their communities. (5) Opportunities for volunteer service during the teenage years could become a right of passage for future generations. (6) The National Academy of Sciences Report on Youth Development concluded that ``the future well-being of the country depends on raising generations of skilled, competent, and responsible adults''. (b) Purpose.--It is the purpose of this Act to-- (1) create a national network of service programs for middle school students to serve in their communities after school and during the summer; (2) provide students with opportunities to serve in their communities and participate in other programs such as workshops in leadership development, public speaking, conflict resolution, team-building, and other character-building programs; (3) provide young people an experience that reinforces their connection to the community, enriches their education, and strengthens their personal and civic values; and (4) instill an ethic of service in young people which will stay with them throughout their lives. SEC. 3. RIGHT OF PASSAGE COMMUNITY SERVICE PROGRAM. (a) Establishment.--Section 122(a) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)) is amended-- (1) by redesignating paragraph (15) as paragraph (16); and (2) by inserting after paragraph (14) the following: ``(15) A community-based Right of Passage after school and summer service corps program that offers young people-- ``(A) the opportunity to perform service in their communities; ``(B) the opportunity to participate in activities that would provide training in leadership development, public speaking, conflict resolution, team building, and other critical skills; ``(C) service-learning curricula linked to academic goals; and ``(D) the opportunity to work with older AmeriCorps members who can organize service projects and act as mentors.''. (b) Eligibility.--Section 137 of such Act (42 U.S.C. 12591) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Special Rules for Right of Passage Program.--An individual shall be considered to be a participant in a Right of Passage community-based after school or summer service corps program described in section 122(a)(15) (42 U.S.C. 12591) that is carried out with assistance provided under section 121(a) (42 U.S.C. 12571) if the individual-- ``(1) satisfies the requirements of paragraphs (1), (2), and (6) of subsection (a); and ``(2) is between the ages of 12 and 16, inclusive at the time the individual begins the term of service.''. (c) Terms of Service.--Section 139(b) of such Act (42 U.S.C. 12593(b)) is amended by adding at the end the following: ``(4) Special rule for right of passage program.--An individual participating in a Right of Passage community-based after school or summer service corps program described in section 122(a)(15) shall agree to participate in the program for not less than 160 hours during a period of not less than 2 months and not more than 1 year.''. (d) National Service Educational Award.-- (1) Special rule for right of passage program.--Section 141 of such Act (42 U.S.C. 12595) is amended by adding at the end the following: ``(c) Special Rule for Right of Passage Program.--An individual participating in a Right of Passage community-based after school or summer service corps program described in section 122(a)(15), upon completion of the required 160 hours of service shall receive an education award of $500.''. (2) Eligible individuals.--Section 146 is amended-- (A) in subsection (a)(2) by striking ``or a program described in section 122(a)(9);'' and inserting ``, a program described in section 122(a)(9), or a program described in section 122(a)(15);''; and (B) in subsection (d)(2)-- (i) in subparagraph (A), by striking ``or''; (ii) in subparagraph (B), by striking ``period.'' and inserting ``period; or''; and (iii) by adding at the end the following: ``(C) participated in a program described in section 12572(a)(15).''. SEC. 4. REPORT. Not later than 3 years after the date of enactment of this Act, the Corporation shall transmit to the Congress a report and evaluation of the program authorized by this Act.", "summary": "Right of Passage Community Service Act - Amends the National and Community Service Act of 1990 to add to the list of national service programs eligible for Federal assistance a community-based Right of Passage after school and summer service corps program. Establishes qualifications for participating students, including that they be between ages 12 and 16 at the time they begin serving. Specifies skills such as leadership and conflict resolution that the program will help students develop.Requires participants to spend at least 160 hours in the program during a period of between two months and one year. Rewards participants upon service completion with a national service education award of $500."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Market Based Manufacturing Incentives Act of 2011''. SEC. 2. CREDIT FOR RETAIL PURCHASE OF CERTAIN DOMESTIC PRODUCTS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30E. DOMESTIC MANUFACTURING CONSUMER CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for any taxable year an amount equal to the applicable percentage of the aggregate amount paid or incurred by the taxpayer for specified products during any portion such taxable year which is part of the eligible period. ``(b) Applicable Percentage; Eligible Period.--For purposes of this section-- ``(1) Applicable percentage.--The term `applicable percentage' means, with respect to any specified product, the percentage (not less than 5 percent nor more than 20 percent) determined by the Commission under subsection (e)(4) with respect to such product. ``(2) Eligible period.--The term `eligible period' means, with respect to any specified product, the period (not less than 5 years nor more than 10 years) determined by the Commission under subsection (e)(5) with respect to such product. ``(3) Separate application to each specified product.-- Subsection (a) shall be applied separately with respect to each of the specified products designated under subsection (e). ``(c) Specified Product.--For purposes of this section-- ``(1) In general.--The term `specified product' means any designated domestic product-- ``(A) the original use of which commences with the taxpayer, and ``(B) which is acquired by the taxpayer for use or lease, but not for resale. ``(2) Designated domestic product.--The term `designated domestic product' means any designated product which has been certified by the Secretary as-- ``(A) having been assembled in the United States, and ``(B) consisting at least 60 percent of components assembled or otherwise arising in the United States. ``(3) Designated product.--The term `designated product' means the 10 products designated by the Secretary, in consultation with the Commission, under subsection (e). ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property used by the taxpayer in the conduct of a trade or business shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(e) Selection of Designated Products.-- ``(1) In general.--The Secretary, in consultation with the Commission, shall designate 10 products for purposes of this section. ``(2) Eligible products.--A product shall not be eligible for designation under this section unless-- ``(A) such product represents a technological innovation, and ``(B) the designation of such product has the potential to produce substantial long-term job opportunities in the United States. ``(3) Criteria for designation.--In making designations of products under this subsection, the Secretary shall take into consideration-- ``(A) the number of jobs in the United States that the Secretary estimates will result (directly and indirectly) from the designation of such product, and ``(B) the speed with which such jobs are likely to be created. ``(4) Determination of credit percentage.--The Secretary, in consultation with the Commission, shall determine the applicable percentage which applies for purposes of subsection (a) with respect to each product designated under this subsection. Such percentage shall not be less than 5 percent and shall not be more than 20 percent. Such percentage shall be determined on the basis of the incentive needed with respect to each such product taking into account the market factors with respect to such product. ``(5) Determination of period during which credit allowed.--The Secretary, in consultation with the Commission, shall determine the eligible period which applies for purposes of subsection (a) with respect to each product designated under this subsection. Such period shall not be less than 5 years and shall not be more than 10 years. Such period shall be determined on the basis of the incentive needed with respect to each such product taking into account the market factors with respect to such product. ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Commission.--The term `Commission' means the 21st Century American Manufacturing Commission established under section 3 of the Market Based Manufacturing Incentives Act of 2011. ``(2) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)). ``(3) No double benefit.--The amount of any deduction or other credit allowable under this chapter with respect to any property shall be reduced by the amount of the credit allowed under subsection (a) for such property (determined without regard to subsection (d)). ``(4) Property used by tax-exempt entity.--In the case of property whose use is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such property to the person or entity using such property shall be treated as the taxpayer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such property (determined without regard to subsection (d)). For purposes of subsection (d), property to which this paragraph applies shall be treated as property used by the taxpayer in the conduct of a trade or business. ``(5) Property used outside united states, etc., not qualified.--No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1). ``(6) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of the property). ``(7) Election to not take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such property. ``(g) Termination.--This section shall not apply to property acquired after the date which is 10 years after the date of the enactment of this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the portion of the domestic manufacturing consumer credit to which section 30E(d)(1) applies.''. (2) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30E(f)(2).''. (3) Section 6501(m) of such Code is amended by inserting ``30E(f)(7),'' after ``30D(e)(4),''. (4) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30E. Domestic manufacturing consumer credit.''. (c) GAO Report.--The Government Accountability Office shall, during the 3d, 5th, and 7th years after the effective date of the domestic manufacturing consumer credit (described in subsection (d)), report to Congress on the economic effects of such credit. Such report shall include the aggregate value of the domestic manufacturing consumer credits determined with respect to taxpayers under section 30E of the Internal Revenue Code of 1986 and an estimate of the economic activity stimulated by such credits. (d) Effective Date.--The amendments made by this section shall apply to property acquired after the date which is 1 year after the date on which the 21st Century American Manufacturing Commission makes its recommendations to the Secretary of the Treasury under section 3(b) of this Act. SEC. 3. ESTABLISHMENT OF 21ST CENTURY AMERICAN MANUFACTURING COMMISSION. (a) In General.--There is established a commission to be known as the 21st Century American Manufacturing Commission. (b) Duties.--The Commission shall conduct research regarding appropriate products to make eligible for the tax credit provided by section 30E of the Internal Revenue Code of 1986 and shall make recommendations to the Secretary of the Treasury regarding which products should be designated for purposes of such section and the applicable percentage and eligible period which should be determined with respect to each such product. The commission shall make such recommendations to the Secretary of the Treasury not later than 6 months after the date of the enactment of this Act. (c) Membership.-- (1) In general.--The Commission shall be composed of 10 members who shall be appointed by the Secretary of the Treasury or his designee not later than 30 days after the enactment of this Act. (2) Political affiliation.--Not more than 5 members may be of the same political party. (3) Terms.--Each member shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Pay of members.-- (A) In general.--Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay for grade GS-11 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (B) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (6) Prevention of conflict of interest.-- (A) Agreement.--The Secretary of the Treasury shall not appoint any individual to be a member of the Commission unless such individual has first sign an agreement with the Secretary to prevent conflicts of interest. Such agreement shall include a requirement that the individual comply with the provisions of subparagraph (B) and shall include such penalties for failure to so comply as the Secretary determines appropriate. (B) Requirements.--A member of the Commission shall not, during the 5-year period beginning on the effective date of the domestic manufacturing consumer credit (described in section 2(d)), hold, directly or indirectly, any interest in any person associated with any designated product, any component of any designated product, or any equipment to manufacture any such product or component. An interest held in any fund held by such member shall be taken into account under the preceding sentence unless such fund is a broad-based index fund. Any interest held by such member prior to the beginning of such 5-year period which is not (consistent with the requirements of this subparagraph) permitted to be held during such period, shall be disposed of prior to such period. (d) Chairperson.--The Chairperson of the Commission shall be designated by the Secretary of the Treasury (or his designee) at the time of appointment. (e) Staff.--Any staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (f) Termination.-- (1) In general.--Except as provided in paragraph (2), the Commission shall terminate 30 days after making recommendations to the Secretary of the Treasury described in subsection (b). (2) Extension.--At the request of the Secretary of the Treasury or his designee, the Commission shall continue in existence for such period at the Secretary may request but not later than 1 year after making such recommendations.", "summary": "Market Based Manufacturing Incentives Act of 2011 - Amends the Internal Revenue Code to allow a tax credit for the purchase (during a specified period of between 5 and 10 years based on the incentive needed with respect to each product) of new products certified as assembled in the United States and consisting of at least 60% of components assembled or otherwise arising in the United States. Establishes the 21st Century American Manufacturing Commission to conduct research to designate products eligible for the tax credit allowed by this Act."}
{"article": "SECTION. 1. SHORT TITLE. This Act may be cited as the ``Classroom Safety Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the violence within elementary and secondary schools across the Nation has increased dramatically during the past decade; (2) the despair, brought about by poverty and disenfranchisement, that affect millions of youth in cities across the Nation is entering schools; (3) almost 3,000,000 crimes occur on or near school campuses every year, 16,000 per school day or one every 6 seconds; (4) one fourth of major urban school districts now use metal detectors; (5) 20 percent of teachers in schools have reported being threatened with violence by a student; (6) greater efforts are needed for counseling and training for teachers in potentially hostile school environments to avert violence in schools; (7) schools are being asked to take on too many responsibilities that society as a whole has neglected forcing teachers to referee fights rather than teach; (8) teachers' unions are staging walk-outs to protest the violence which denies interested students the opportunity to learn; (9) local educational agencies and cities are already financially devastated and need an infusion of Federal funds to help fight violence in schools; and (10) local educational agencies should not have to withdraw funds and resources intended for books, computers, and teachers, to help pay for an increased need for safety mechanisms in schools. (b) Purposes.--The purpose of this Act is to provide assistance to local educational agencies for the prevention and reduction of violent crime in schools throughout the Nation. SEC. 3. GRANT AUTHORIZATION. (a) In General.--The Secretary of Education is authorized to make grants to local educational agencies to provide assistance to such agencies most directly affected by crime and violence. (b) Model Project.--The Secretary shall develop a model for classroom safety written in English and Spanish in a timely fashion and make such model available to any local educational agency that requests such information. SEC. 4. USE OF FUNDS. Grants made by the Secretary under this Act shall be used-- (1) to fund anticrime and safety measures and to develop education and training programs for the prevention of crime, violence, and illegal use of drugs and alcohol; (2) for counseling programs for victims and witnesses of crime in schools; (3) to develop programs for conflict resolution and peer mediation counseling for students, teachers, and other personnel in regular contact with students at school; (4) to purchase crime prevention equipment, including metal detectors and video-surveillance devices; and (5) for the prevention and reduction of the participation of students in organized crime and drug and gang-related activities in schools. SEC. 5. APPLICATIONS. (a) In General.--In order to be eligible to receive a grant under this Act for any fiscal year, a local educational agency shall submit an application to the Secretary in such form and containing such information as the Secretary may reasonably require. (b) Requirements.--Each application under subsection (a) shall include-- (1) a request for funds for the purposes described in section 4; (2) a description of the schools and communities to be served by the grant, including the nature of the crime and violence problems within such schools; (3) assurances that Federal funds received under this Act shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this Act; and (4) statistical information in such form and containing such information that the Secretary may require regarding crime within the schools served by such local educational agency. (c) Comprehensive Plan.--Each application shall include a comprehensive plan that shall contain-- (1) a description of the crime problems within the schools targeted for assistance; (2) a description of the projects to be developed; (3) a description of the resources available in the community to implement the plan together with a description of the gaps in the plan that cannot be filled with existing resources; (4) an explanation of how the requested grant will be used to fill gaps; (5) a description of the system the applicant will establish to prevent and reduce crime problems; and (6) a description of educational materials to be developed in Spanish. SEC. 6. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS. (a) Administrative Cost Limitation.--The Secretary shall use not more than 5 percent of the funds available under this Act for the purposes of administration and technical assistance. (b) Renewal of Grants.--A grant under this Act may be renewed for up to 2 additional years after the first fiscal year during which the recipient receives an initial grant under this Act, subject to the availability of funds, if-- (1) the Secretary determines that the funds made available to the recipient during the previous year were used in a manner required under the approved application; and (2) the Secretary determines that an additional grant is necessary to implement the crime prevention program described in the comprehensive plan as required by section 5(c). SEC. 7. AWARD OF GRANTS. (a) Selection of Recipients.--The Secretary shall consider the following factors in awarding grants to local educational agencies: (1) Crime problem.--The nature and scope of the crime problem in the targeted schools. (2) Need and ability.--Demonstrated need and evidence of the ability to provide the services described in the plan required under section 5(c). (3) Population.--The number of students to be served by the plan required under section 5(c). (b) Geographic Distribution.--The Secretary shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards. SEC. 8. REPORTS. (a) Report.--Local educational agencies that receive funds under this Act shall submit to the Secretary a report not later than March 1 of each year that describes progress achieved in carrying out the plan required under section 5(c). (b) Report to Congress.--The Secretary shall submit to the Congress a report by October 1 of each year in which grants are made available under this Act which shall contain a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants under 5(b)(4), and an evaluation of programs established under this Act. SEC. 9. DEFINITIONS. For the purpose of this Act: (1) The term `local educational agency' has the same meaning given such term under section 1471(12) of the Elementary and Secondary Education Act of 1965. (2) The term `Secretary' means the Secretary of Education. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $100,000,000 for fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994 through 1999 to carry out the projects under this Act.", "summary": "Classroom Safety Act of 1993 - Authorizes the Secretary of Education to make grants to assist local educational agencies (LEAs) in reducing and preventing violent crime in elementary and secondary schools. Directs the Secretary to develop a model for classroom safety written in English and Spanish and make it available to any LEA upon request. Requires the grants to be used for programs of: (1) anticrime and safety measures, and prevention education and training; (2) counseling for victims and witnesses; (3) conflict resolution and peer mediation; (4) purchasing crime prevention equipment; and (5) preventing and reducing student participation in organized crime and drug and gang-related activities in schools. Requires grant applications to include comprehensive plans. Bases selection of recipients upon crime problem, need and ability, and student population (and equitable geographic distribution, if practicable). Requires annual reports. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Unfair Foreign Competition Act of 2007''. SEC. 2. JUDICIAL DETERMINATION OF INJURY. (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle E--Judicial Determination of Injury ``SEC. 791. CIVIL ACTION. ``(a) Injury Determination.--Notwithstanding any other provision of this title, in an antidumping or countervailing duty investigation initiated under section 702 or 732, a petitioning party, may, not later than 30 days after the date an investigation is initiated under such sections, elect to bring a civil action in a United States district court, for a determination that-- ``(1) an industry in the United States-- ``(A) is materially injured, or ``(B) is threatened with material injury, or ``(2) the establishment of an industry in the United States is materially retarded, by reason of imports, or sales (or the likelihood of sales) for importation, of the merchandise subject to the investigation, and that imports of the subject merchandise are not negligible. ``(b) Five-Year Reviews.--Not later than 30 days after a 5-year review of an antidumping or countervailing duty order is initiated under section 751(c), a party, who was a petitioning party in the initial investigation that resulted in the antidumping or countervailing duty order, may bring a civil action in a United States district court for a determination of whether revocation of the antidumping or countervailing duty order or termination of the investigation suspended under section 704 or 734 would likely lead to continuation or recurrence of material injury based on the standards set forth in section 752. ``(c) Effect of Election; Relief.-- ``(1) Effect of election.-- ``(A) In general.--An election under subsection (a) or (b) of this section shall be for a determination by the district court in lieu of a determination by the Commission under section 703(a), section 733(a), section 705(b), section 735(b), or chapter 1 of subtitle C, as the case may be. ``(B) Commission to compile record.--If an election is made under this subtitle, the Commission shall conduct an investigation and compile evidence with respect to the petition in the same manner and to the same extent under this title as if an election had not been made. Any information compiled by the Commission shall be made available to the parties to the proceeding and furnished to the district court in a timely manner. ``(C) Notification by the administering authority and commission.--If an election is made under this subtitle, any notification the administering authority is required to provide the Commission under this title shall be provided to the district court and any notification the Commission is required to provide the administering authority shall be provided to the district court. ``(2) Relief.-- ``(A) In general.--In an action brought under subsection (a) or (b), the district court shall apply the same standards and make the same determinations and findings, that would be made by the Commission under this title if an election had not been made. ``(B) Findings and conclusions.--The court shall issue findings of fact and conclusions of law and any order issued by the court shall have the same effect as a determination of the Commission under this title. ``(3) Special rules.--The following rules shall apply to actions initiated under subsection (a) or (b): ``(A) Appeal.--An order issued by a United States district court under this title shall be appealable to a United States Court of Appeals. ``(B) Order not stayed.--An order issued under this section shall not be stayed pending appeal to a United States Court of Appeals. ``(C) Precedential effect of decisions of the international trade commission.--The decisions of the Commission in other investigations initiated under this title shall not be binding on the court. ``(D) Hearings.--The court shall provide a petitioning party and any interested party an opportunity to file briefs and argue orally to the court based on the information compiled by the Commission. ``(E) Attendance by defendant.--There shall be no obligation on any defendant interested party to attend a meeting or hearing, and failure to do so shall not be prejudicial to that party's case. ``(F) Default judgments.--The failure of an interested party, described in subparagraph (A) or (B) of section 771(9), to intervene in an action initiated under this section or otherwise to participate in the proceedings shall not result in judgment by default. ``(G) Venue.--A civil action under this section may be brought in a judicial district where a manufacturing facility, sales office, or administrative headquarters of any plaintiff who is a petitioning party is located. ``(d) Service of Process.--Within 5 days of filing an action under subsection (a) or (b), the filing party shall notify all known interested parties described in subparagraphs (A) and (B) of section 771(9). Such notice shall include-- ``(1) a copy of the complaint; and ``(2) notice that the party is entitled to participate in the proceedings pursuant to subsection (e) of this section. ``(e) Intervention as of Right.--Any interested party described in subparagraphs (A) and (B) of section 771(9) shall be entitled to intervene in an action initiated under this section. ``(f) Preliminary Relief.-- ``(1) In general.--In an action brought under subsection (a), the court shall, upon motion, issue a preliminary order that contains a determination of whether there is a reasonable indication that an industry in the United States is materially injured, or is threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of the subject merchandise and that imports of the subject merchandise are not negligible. The order shall include a description of the essential facts under consideration which form the basis of the decision. ``(2) Effect of order.--An order making an affirmative determination under paragraph (1) shall have the same effect as an affirmative preliminary determination by the Commission under section 703(a) or 733(a). ``(3) Timing.--The court shall make a preliminary determination under this subsection within 45 days after a complaint has been filed. ``(g) Expedited Action.-- ``(1) In general.--An action brought under subsection (a) or (b) shall be advanced on the docket and expedited in every way practicable. ``(2) Final determination in subsection (a) cases.--The court shall make a final determination regarding material injury in an action filed under subsection (a) before the later of-- ``(A) the 120th day after the date on which the administering authority makes an affirmative preliminary determination under section 703(b) or 733(b); or ``(B) the 45th day after the day on which the administering authority makes an affirmative final determination under section 705(a) or 735(a). ``(3) Final determination in five-year reviews.--The court shall make a final determination regarding the likelihood of continuation or recurrence of material injury under subsection (b) before the later of-- ``(A) the 360th day after the date on which the review is initiated under section 751(c)(2); or ``(B) the 120th day after the date on which the final determination of the administering authority is published. ``(4) Extraordinarily complicated cases.--If the court concludes that a case is extraordinarily complicated, as defined in section 703(c) or 733(c), the court may extend the time under paragraphs (2) or (3) by an additional 30 days. ``(h) Protection of Confidential Information.--The court shall make arrangements to protect the confidentiality of information designated as proprietary by an interested party pursuant to a judicial protective order.''. (b) Changed Circumstances Reviews.--Section 751(b) of the Tariff Act of 1930 (19 U.S.C. 1675(b)) is amended by adding at the end the following: ``(5) Certain cases to be filed in united states district court.--If the injury determination at issue was initially made by a United States district court, the court shall retain jurisdiction over the injury determination for purposes of this section. Any party seeking revocation of an order or termination of a suspended investigation shall seek review in the district court that made the original injury determination under section 791.''. (c) Clerical Amendment.--The table of contents for title VII of the Tariff Act of 1930 is amended by inserting after the item relating to section 783 the following: ``Subtitle E--Judicial Determination of Injury ``Sec. 791. Civil action.''. (d) Conforming Amendment.--Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended by striking ``Within 30 days'' and inserting ``Except in the case where an interested party makes an election under subtitle E of title VII for a judicial determination of injury, within 30 days''. (e) Effective Date.--The amendments made by this section apply to-- (1) countervailing duty investigations initiated under section 702 of the Tariff Act of 1930 (19 U.S.C. 1671a) on or after the date of the enactment of this Act; (2) antidumping duty investigations initiated under section 732 of the Tariff Act of 1930 (19 U.S.C. 1673a) on or after the date of the enactment of this Act; and (3) reviews initiated under section 751 of the Tariff Act of 1930 (19 U.S.C. 1675) on or after the date of the enactment of this Act. SEC. 3. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act, the amendments made by this Act shall apply with respect to goods from Canada and Mexico. SEC. 4. NOTIFICATION TO WORLD TRADE ORGANIZATION. Not later than 30 days after the date of the enactment of this Act, pursuant to the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on Subsidies and Countervailing Measures, the Secretary of State shall notify the appropriate officials of the World Trade Organization of the amendments made by this Act and that the United States district courts shall be treated as competent authorities for purposes of injury determinations under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.).", "summary": "Unfair Foreign Competition Act of 2007 - Amends the Tariff Act of 1930 to authorize a petitioning party, in an antidumping or countervailing duty investigation, to elect, within 30 days after the investigation has started, to bring a civil action in a U.S. district court for determination that a U.S. industry is materially injured or is threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports, or sales (or the likelihood of sales) for importation, of the merchandise subject to the investigation, and that imports of the subject merchandise are not negligible. Authorizes such a petitioning party, within 30 days after a five-year review of an antidumping or countervailing duty order is initiated, to bring a civil action in a U.S. district court for determination of whether revocation of the antidumping or countervailing duty order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury. Provides for preliminary relief and expedited action. Applies this Act to goods from Canada and Mexico."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Liability Reform Act''. SEC. 2. HEALTH CARE LIABILITY REFORM. (a) Punitive Damages.-- (1) Award.--Punitive damages may, to the extent permitted by applicable State law, be awarded against a manufacturer or product seller in a civil action if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting actual malice. (2) Drugs and devices.--The manufacturer of a prescription drug or device and a health care provider shall not be subject to punitive damages with respect to harm caused by a drug or device if the drug or device was approved under the Federal Food, Drug, and Cosmetic Act unless-- (A) the manufacturer withholds from the Food and Drug Administration, or (B) the health care provider withholds from a patient, information which is relevant to the performance of the drug or device and causally related to the harm suffered by the plaintiff. (3) Limitation on amount.--The amount of punitive damages that may be awarded for a claim in any civil action shall not exceed 3 times the amount awarded to the claimant for the economic injury on which such claim is based, or $250,000, whichever is greater. (b) Several Liability for Noneconomic Damages.--In any action, the liability of each manufacturer or product seller of the product involved in such action shall be several only and shall not be joint for noneconomic damages. Such manufacturer or product seller shall be liable only for the amount of noneconomic damages allocated to such manufacturer or seller in direct proportion to such manufacturer's or such seller's percentage of responsibility as determined by the trier of fact. (c) Definitions.--As used in this section: (1) Claimant.--The term ``claimant'' means any person who brings a product liability action and any person on whose behalf such an action is brought, including such person's decedent if such an action is brought through or on behalf of an estate or such person's legal representative if it is brought through or on behalf of a minor or incompetent. (2) Malice.--The term ``malice'' means conduct that is either-- (A) specifically intended to cause serious personal injury, or (B) carried out with both a flagrant indifference to the rights of the claimant and an awareness that such conduct is likely to result in serious personal injury. (3) Manufacturer.--With respect to a product, the term ``manufacturer'' means-- (A) any person who is engaged in a business to produce, create, make, or construct the product and who designs or formulates the product or has engaged another person to design or formulate the product, (B) a product seller of the product who, before placing the product in the stream of commerce-- (i) designs or formulates or has engaged another person to design or formulate an aspect of the product after the product was initially made by another, and (ii) produces, creates, makes, or constructs such aspect of the product, or (C) any product seller not described in subparagraph (B) which holds itself out as a manufacturer to the user of the product, (4) Product.--The term ``product''-- (A) means any object, substance, mixture, or raw material in a gaseous, liquid, or solid state-- (i) which is capable of delivery itself, in a mixed or combined state, or as a component part or ingredient, (ii) which is produced for introduction into trade or commerce, (iii) which has intrinsic economic value, and (iv) which is intended for sale or lease to persons for commercial or personal use, and (B) does not include-- (i) human tissue, human organs, human blood, and human blood products, or (ii) electricity, water delivered by a utility, natural gas, or steam, (5) Product seller.--The term ``product seller''-- (A) means a person-- (i) who sells, distributes, leases, prepares, blends, packages, or labels a product or is otherwise involved in placing a product in the stream of commerce, or (ii) who installs, repairs, or maintains the harm-causing aspect of a product, and (B) does not include-- (i) a manufacturer, (ii) a seller or lessor of real property, (iii) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill, or services, (iv) any person who acts only in a financial capacity with respect to the sale of a product, or (v) any person who leases a product under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor. SEC. 3. PREEMPTION. This Act preempts State law, with respect to both procedural and substantive measures, to the extent that such law-- (1) permits the recovery of a greater amount of punitive damages by a plaintiff than that authorized by section 2(a)(3); or (2) permits an action for joint liability for noneconomic damages against a manufacturer or product seller of a product involved in the action, which action is prohibited by section 2(b). Any issue that is not governed by this Act shall be governed by otherwise applicable State or Federal law.", "summary": "Prohibits the manufacturer of a prescription drug or device and a health care provider from being subject to punitive damages with respect to harm caused by a drug or device if the drug or device was approved under the Federal Food, Drug, and Cosmetic Act unless: (1)the manufacturer withholds from the Food and Drug Administration; or (2) the health care provider withholds from a patient, information which is relevant to the performance of the drug or device and causally related to the harm suffered by the plaintiff."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Unshackling Students to Lead, Excel, Act, Develop, and Serve Act of 2012'' or the ``U.S. LEADS Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Outstanding student loan debt will reach one trillion dollars this year. (2) In 2008, two-thirds of students graduating with a bachelor's degree had outstanding student loan debt. (3) In 2010, the average debt owed by college graduates paying off student loans was $24,000. (4) Of all students who graduated with a 4-year degree in 2009, only 55.6 percent are working in jobs that require a college degree. (5) Of all students who graduated with a 4-year degree in 2009, 22.4 percent are not working. (6) The median student loan debt for students who graduated from college between 2006 and 2010 is $20,000. (7) Average in-State tuition and fees at public 4-year institutions of higher education have risen 8.3 percent between the 2010-2011 and 2011-2012 academic years. SEC. 3. INTEREST-FREE DEFERMENT DURING PERIODS WHEN THE NATIONAL UNEMPLOYMENT RATE EXCEEDS 7 PERCENT. (a) FFEL Subsidized Loan Deferment.--Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended-- (1) by striking ``or'' at the end of clause (iii); (2) by adding ``or'' at the end of clause (iv); and (3) by adding at the end the following new clause: ``(v) in a case of a borrower who is between the ages of 21 and 25, inclusive, and a recent college student, as defined in section 455(f)(5), with respect to loans made under this section to such borrower for a period of enrollment during which the borrower was pursuing a degree described in subparagraph (A) of such section 455(f)(5)-- ``(I) beginning as soon as practicable after the last day of the second consecutive month for which the Bureau of Labor Statistics of the Department of Labor (in this paragraph referred to as the `Bureau') publishes a national unemployment rate that exceeds 7 percent, and ending as soon as practicable after the Bureau publishes a national unemployment rate that is 7 percent or lower, except that such period shall not exceed 5 years; or ``(II) beginning as soon as practicable after the last day of the second consecutive month for which the Bureau publishes a national unemployment rate for individuals ages 21 through 25 years old that exceeds 9 percent, and ending as soon as practicable after the Bureau publishes a national unemployment rate for such individuals that is 9 percent or lower, except that such period shall not exceed 5 years.''. (b) Treatment of Consolidation Loans.--Section 428C(b)(4)(C)(ii) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is amended-- (1) by striking ``or'' at the end of subclause (II); (2) by redesignating subclause (III) as subclause (IV); (3) by inserting after subclause (II) the following: ``(III) in the case of a borrower who is between the ages of 21 and 25, inclusive, and a recent college student, as defined in section 455(f)(5), by the Secretary, in the case of a consolidation loan made to the borrower for a period of enrollment during which the borrower was pursuing a degree described in subparagraph (A) of such section 455(f)(5) and for which the application is received on or after the date of enactment of the U.S. Leads Act, except that in the case of a deferral under clause (ii) of section 428(b)(1)(M), the Secretary shall pay such interest only for a period not in excess of 3 years for which a borrower would be eligible for such a deferral and, in the case of a deferral under clause (v) of such section, for a period not in excess of 5 years for which the borrower would be eligible for such a deferral; or''; and (4) in subclause (IV) (as so redesignated by this subsection), by striking ``(I) or (II)'' and inserting ``(I), (II), or (III)''. (c) FFEL Unsubsidized Loan Deferment.-- (1) In general.--Section 428H(e)(2) of the Higher Education Act of 1965 (20 U.S.C. 1078-8(e)(2)) is amended-- (A) in subparagraph (A), by inserting ``Except as provided in subparagraph (C)'' before ``Interest on''; and (B) by adding at the end the following new subparagraph: ``(C) In the case of a borrower who is between the ages of 21 and 25, inclusive, and a recent college student, as defined in section 455(f)(5), interest on loans made under this section to the borrower for a period of enrollment during which the borrower was pursuing a degree described in subparagraph (A) of such section 455(f)(5) and for which payments are deferred-- ``(i) under clause (i), (iii), or (iv) of section 428(b)(1)(M), for a period of deferment granted to such borrower on or after the date of enactment of the U.S. Leads Act, shall accrue and be paid by the Secretary during any period during which the loans are so deferred; ``(ii) under clause (ii) of section 428(b)(1)(M), for a period of deferment granted to such borrower on or after the date of enactment of the U.S. Leads Act, shall accrue and be paid by the Secretary during any period during which the loans are so deferred, not in excess of 3 years; and ``(iii) under clause (v) of section 428(b)(1)(M), for a period of deferment granted to such borrower on or after the date of enactment of the U.S. Leads Act, shall accrue and be paid by the Secretary during any period during which the loans are so deferred, not in excess of 5 years.''. (2) Conforming amendment.--Section 428(b)(1)(Y)(iii) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(Y)(iii)) is amended by inserting ``(other than a deferment under such subparagraph granted to a borrower described in section 428H(e)(2)(C) on or after the date of enactment of the U.S. Leads Act)'' after ``of this paragraph''. (d) Direct Loan Deferment.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by striking ``or'' at the end of clause (i); and (ii) by adding at the end the following: ``(iii) Federal Direct Unsubsidized Stafford Loan or Federal Direct Consolidation Loan made to a borrower for a period of enrollment during which the borrower was pursuing a degree described in paragraph (5)(A) and the borrower is between the ages of 21 and 25, inclusive, and a recent college student, as defined in paragraph (5); or''; and (B) in subparagraph (B)-- (i) by inserting ``not described in subparagraph (A)(iii)'' after ``Unsubsidized Stafford Loan''; and (ii) by striking ``subparagraph (A)(ii)'' and inserting ``clause (ii) or (iii) of subparagraph (A)''; (2) in paragraph (2)-- (A) by striking ``or'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(E) in a case of a borrower who is between the ages of 21 and 25, inclusive, and a recent college student, as defined in paragraph (5), with respect to loans made under this part to such borrower for a period of enrollment during which the borrower was pursuing a degree described in subparagraph (A) of such paragraph (5)-- ``(i) beginning as soon as practicable after the last day of the second consecutive month for which the Bureau of Labor Statistics of the Department of Labor (in this paragraph referred to as the `Bureau') publishes a national unemployment rate that exceeds 7 percent, and ending as soon as practicable after the Bureau publishes a national unemployment rate that is 7 percent or lower, except that such period shall not exceed 5 years; or ``(ii) beginning as soon as practicable after the last day of the second consecutive month for which the Bureau publishes a national unemployment rate for individuals ages 21 through 25 years old that exceeds 9 percent, and ending as soon as practicable after the Bureau publishes a national unemployment rate for such individuals that is 9 percent or lower, except that such period shall not exceed 5 years.''; and (3) by adding at the end the following new paragraph: ``(5) Definition of recent college student.--For the purpose of this subsection, the term `recent college student' means a borrower who-- ``(A) who has received a baccalaureate degree from an institution of higher education within 48 months prior to the date of enactment of the U.S. Leads Act; and ``(B) who has not previously received any such baccalaureate degree.''.", "summary": "Unshackling Students to Lead, Excel, Act, Develop, and Serve Act of 2012 or U.S. LEADS Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow recent college graduates to defer payment on their student loans under the Federal Family Education Loan (FFEL) and Direct Loan (DL) programs without accruing interest when the national unemployment rate exceeds 7% or the unemployment rate for 21-25 year olds exceeds 9%. Limits that deferral period to a maximum of five years. Makes the deferral available only to graduates aged 21-25 who received their first baccalaureate degree within the four years preceding this Act's enactment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Biobased Energy Incentive Act of 2002''. SEC. 2. PRODUCTION OF BIOBASED ENERGY PRODUCTS. The Biomass Research and Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106-224) is amended-- (1) by redesignating section 310 as section 311; and (2) by inserting after section 309 the following: ``SEC. 310. PRODUCTION OF BIOBASED ENERGY PRODUCTS. ``(a) Definitions.--In this section: ``(1) Biobased energy product.--The term `biobased energy product' means biodiesel or ethanol fuel. ``(2) Biodiesel.--The term `biodiesel' means a monoalkyl ester that meets the requirements of ASTM D6751. ``(3) Eligible commodity.--The term `eligible commodity' means wheat, corn, grain sorghum, barley, oats, rice, soybeans, sunflower seed, rapeseed, canola, safflower, flaxseed, mustard, crambe, sesame seed, cottonseed, and cellulosic commodities (such as hybrid poplars and switch grass). ``(4) Eligible producer.--The term `eligible producer' means a producer that-- ``(A) uses an eligible commodity to produce a biobased energy product; and ``(B) enters into a contract with the Secretary under subsection (b)(2). ``(5) New producer.--The term `new producer' means an eligible producer that has not used an eligible commodity to produce a biobased energy product during the preceding fiscal year. ``(b) Biobased Energy Incentive Program.-- ``(1) Establishment.--The Secretary shall establish a biobased energy incentive program under which the Secretary shall make payments to eligible producers to promote the use of eligible commodities to produce biobased energy products. ``(2) Contracts.-- ``(A) In general.--To be eligible to receive a payment, an eligible producer shall enter into a contract with the Secretary under which the producer shall agree to increase the use of eligible commodities to produce biobased energy products during 1 or more fiscal years. ``(B) Quarterly payments.--Under a contract-- ``(i) the eligible producer shall agree to increase the use of eligible commodities to produce biobased energy products during each fiscal year covered by the contract; and ``(ii) the Secretary shall make payments to the eligible producer for each quarter of the fiscal year. ``(3) Amount.--Subject to paragraphs (6) through (8), the amount of a payment made to an eligible producer for a fiscal year under this subsection shall be determined by multiplying-- ``(A) the payment quantity for the fiscal year determined under paragraph (4); by ``(B) the payment rate determined under paragraph (5). ``(4) Payment quantity.-- ``(A) In general.--Subject to subparagraph (B), the payment quantity for payments made to an eligible producer for a fiscal year under this subsection shall equal the difference between-- ``(i) the quantity of eligible commodities that the eligible producer agrees to use, under the contract entered into with the Secretary, to produce biobased energy products during the fiscal year; and ``(ii) the quantity of eligible commodities that the eligible producer used to produce biobased energy products during the preceding fiscal year. ``(B) New producers.--The payment quantity for payments made to a new producer for the first fiscal year of a contract under this subsection shall equal 25 percent of the quantity of eligible commodities that the eligible producer uses to produce biobased energy products during the fiscal year. ``(5) Payment rate.-- ``(A) In general.--Subject to subparagraph (B), the payment rate for payments made to an eligible producer under this subsection for the use of an eligible commodity shall be determined by the Secretary to compensate the eligible producer for the local value of-- ``(i) in the case of corn, 1 bushel of corn for each 3 bushels of additional corn that is used to produce a biobased energy product; and ``(ii) in the case of each other eligible commodity, an equivalent quantity determined by the Secretary. ``(B) Small-scale producers.--The payment rate for payments made to an eligible producer that has an annual capacity of less than 60,000,000 gallons of biobased energy products shall be at least 25 percent higher than the payment rate for other eligible producers, as determined by the Secretary. ``(6) Proration.--If the amount made available for a fiscal year under subsection (d)(2)(A) is insufficient to allow the payment of the amount of the payments that eligible producers (that apply for the payments) otherwise would have a right to receive under this subsection, the Secretary shall prorate the amount of the funds among all such eligible producers. ``(7) Overpayments.--If the total amount of payments that an eligible producer receives for a fiscal year under this section exceeds the amount the eligible producer should have received under this subsection, the producer shall repay the amount of the overpayment to the Secretary, plus interest (as determined by the Secretary). ``(8) Limitation.--No eligible producer shall receive more than 7 percent of the total amount made available for a fiscal year under subsection (d)(2)(A). ``(9) Recordkeeping and monitoring.--To be eligible to receive a payment under this subsection, an eligible producer shall-- ``(A) maintain for at least 3 years records relating to the production of biobased energy products; and ``(B) make the records available to the Secretary to verify eligibility for the payments. ``(10) Other requirements.--To be eligible to receive a payment under this subsection, an eligible producer shall meet other requirements of Federal law (including regulations) applicable to the production of biodiesel or ethanol fuel. ``(c) Availability of Biobased Energy Products.--The Secretary shall establish a program to encourage wider availability of biobased energy products to consumers of gasoline and diesel fuels. ``(d) Funding.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section. ``(2) Fiscal year limitations.--The amount of funds of the Commodity Credit Corporation used to carry out this section shall not exceed-- ``(A) in the case of subsection (b), $150,000,000 for fiscal year 2003 and each subsequent fiscal year; and ``(B) in the case of subsection (c), $10,000,000 for fiscal year 2003 and each subsequent fiscal year.''.", "summary": "Biobased Energy Incentive Act of 2002 - Amends the Biomass Research and Development Act of 2000 to direct the Secretary of Agriculture to establish: (1) a biobased energy incentive program of payments to eligible producers to promote the use of commodities to produce biobased energy products (biodiesel or ethanol fuel); and (2) a program to encourage wider availability of biobased energy products to consumers of gasoline and diesel fuel."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mayflower Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The arrival of the Pilgrims at Plymouth, Massachusetts, in 1620 has major significance in the history of the United States. (2) The Mayflower Compact laid the foundation and moral framework for the future laws of the United States. (3) The General Society of Mayflower Decedents' mission is-- (A) to tell the story of the Pilgrim's journey on the Mayflower in 1620, bringing with them principles of civil and religious liberty to America as memorialized in the Mayflower Compact; (B) to raise public awareness and increase the public understanding of the importance of the Pilgrim's lives and legacies; and (C) to encourage a passion for history. (4) A commemorative coin will bring national and international attention to the lasting legacy of this important event. (5) The proceeds from a surcharge on the sale of such commemorative coin will assist the financing of educational, scholarship, and outreach programs; SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 100,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain at least 90 percent silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the arrival of the Pilgrims. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of-- (i) the mint date ``2020''; and (ii) the year ``1620''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the General Society of Mayflower Descendants; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in proof quality and uncirculated quality. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period of Issuance.--The Secretary may issue coins, to the public, minted under this Act only during the 1-year period beginning on January 1, 2020. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 gold coin. (2) A surcharge of $10 per coin for the $1 silver coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the General Society of Mayflower Descendants for educational purposes. (c) Audits.--The General Society of Mayflower Descendants shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.", "summary": "Mayflower Commemorative Coin Act This bill directs the Department of the Treasury to issue up to 50,000 $5 gold commemorative coins, and up to 100,000 $1 silver commemorative coins, whose design is emblematic of the arrival of the Pilgrims at Plymouth, Massachusetts. These coins shall be issued only during the one-year period beginning on January 1, 2020. The Department must pay all surcharges received from sales of the coins to the General Society of Mayflower Descendants for educational purposes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Non-Proliferation Policy Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The United States has been a leader in seeking to contain the spread of nuclear weapons technology and materials. (2) With the end of the Cold War and the breakup of the Soviet Union, the proliferation of nuclear weapons, especially to countries in unstable regions, is now the leading military threat to the national security of the United States and its allies. (3) The United Nations Security Council declared on January 31, 1992, that ``proliferation of all weapons of mass destruction constitutes a threat to international peace and security'' and committed to taking appropriate action to prevent proliferation from occurring. The establishment of the United Nations Special Commission on Iraq was an important precedent to that end. (4) Aside from the 5 declared nuclear weapon states, a number of other nations have or are pursuing nuclear weapons capabilities. (5) Regional nuclear arms races pose perhaps the most likely prospect for the future use of nuclear weapons. (6) The break-up of the Soviet Union has increased the threat of nuclear proliferation. (7) In May 1992, Ukraine, Belarus, and Kazakhstan signed the protocols to START I and committed to acceding to the Nuclear Non-Proliferation Treaty as non-nuclear weapon states ``in the shortest possible time''. (8) Iraq had a substantial, clandestine nuclear weapons program which went undetected by the International Atomic Energy Agency (IAEA) inspection process and was greatly assisted by dual-use exports from western countries, including the United States. (9) North Korea's statement of intent to withdraw from the Nuclear Non-Proliferation Treaty, and its refusal to allow IAEA inspections of all of its known and suspected nuclear facilities, are unprecedented actions which could greatly undermine efforts to stop nuclear proliferation. (10) Brazil and Argentina had substantial programs to build nuclear weapons and South Africa has admitted developing and building 6 nuclear weapons, but in response to reduced regional tensions and other factors, all 3 countries have renounced nuclear weapons and accepted IAEA safeguards for all of their nuclear facilities, and South Africa has acceded to the Non- Proliferation Treaty as a non-nuclear weapon state. (11) United States security interests and current policy and practices are consistent with the terms of the South Pacific Nuclear Free Zone Treaty which, like nuclear weapons free zones in Latin America, South Asia, and the Middle East that the United States supports, can contribute to efforts to avoid regional conflicts and prevent arms races. (12) The IAEA is a valuable tool to counter proliferation, but the effectiveness of its system to safeguard nuclear materials may be adversely affected by institutional and financial constraints. (13) The Nuclear Non-Proliferation Treaty, which codifies world consensus against further nuclear proliferation and is scheduled for review and extension in 1995, should be expanded in membership and extended indefinitely, and additional steps should be taken to strengthen the international nuclear nonproliferation regime. (14) The Nuclear Nonproliferation Act of 1978 declared that the United States is committed to continued strong support for the Nuclear Non-Proliferation Treaty and to a strengthened and more effective IAEA, and established that it is United States policy to establish more effective controls over the transfer of nuclear equipment, materials, and technology. (15) The goal of the United States is to end the further spread of nuclear weapons capability, roll back nuclear proliferation where it has occurred, and prevent the use of nuclear weapons anywhere in the world. To that end the United States should adopt a comprehensive nuclear nonproliferation policy. SEC. 3. COMPREHENSIVE NUCLEAR NONPROLIFERATION POLICY. In order to end nuclear proliferation and reduce current nuclear arsenals and supplies of weapons-usable nuclear materials, it shall be the policy of the United States to pursue the following objectives: (1) Encourage Ukraine to join Kazakhstan and Belarus in ratifying the START I treaty and encourage Ukraine and Kazakhstan to join Belarus in voting to accede to the Nuclear Non-Proliferation Treaty as non-nuclear weapon states in the shortest possible time. (2) Encourage Belarus, Ukraine, and Kazakhstan to remove all nuclear weapons from their territory, accept IAEA safeguards over all of their nuclear facilities, and implement effective controls on nuclear and nuclear-related dual-use exports. (3) Reach an agreement with the Russian Federation-- (A) to deactivate and retire from field deployment on an accelerated schedule all weapons to be withdrawn under the START I treaty and the START II treaty; (B) on data exchanges and inspection arrangements to verify the elimination of all nuclear weapons scheduled to be withdrawn under the START I treaty and the START II treaty; and (C) to place all fissile material from such weapons under bilateral or international controls, or both. (4) Prepare for the ratification of the START II treaty by seeking the exchange of information between the United States and the Russian Federation on nuclear weapons stockpiles and fissile material facilities and inventories as required by the United States Senate as a condition to its approval of the START I Treaty. (5) Conclude a multilateral comprehensive nuclear test ban treaty by early 1995, before the conference to renew and extend the Nuclear Non-Proliferation Treaty is held. (6) Ratify the START II treaty in the United States and encourage ratification of that treaty by the Russian Federation, and reach agreement with the Russian Federation to end the production of new types of nuclear warheads. (7) Conclude a multilateral agreement to reduce the strategic nuclear arsenals of the United States and the Russian Federation to within a range of 1,000 to 2,000 each, with lower levels for the United Kingdom, France, and the People's Republic of China. (8) Conclude additional multilateral agreements to significantly and continuously reduce the nuclear arsenals of all countries through a stage-by-stage process. (9) Reach immediate agreement with the Russian Federation to halt permanently the production of fissile material for weapons purposes, and achieve worldwide agreements to-- (A) end by 1995 the production of fissile material for any purpose; (B) place existing stockpiles of such materials under bilateral or international controls; and (C) require all countries to place all of their nuclear facilities dedicated to peaceful purposes under IAEA safeguards. (10) Strengthen IAEA safeguards to more effectively verify that countries are complying with their nonproliferation commitments and provide the IAEA with the political, technical, and financial support necessary to implement the necessary safeguard reforms. (11) Strengthen nuclear export controls in the United States and other nuclear supplier nations, impose sanctions on individuals, companies, and countries which contribute to nuclear proliferation, and provide increased public information on nuclear export licenses approved in the United States. (12) Reduce incentives for countries to pursue the acquisition of nuclear weapons by seeking to reduce regional tensions and to strengthen regional security agreements, and encourage the United Nations Security Council to increase its role in enforcing international nuclear nonproliferation agreements. (13) Support the indefinite extension of the Nuclear Non- Proliferation Treaty at the 1995 conference to review and extend that treaty and seek to ensure that all countries sign the treaty or participate in a comparable international regime for monitoring and safeguarding nuclear facilities and materials. (14) Adopt a United States policy of ``no first use'' of nuclear weapons, reach agreement with the other nuclear weapon states to adopt such a policy and to assist immediately any country which is a party to the Nuclear Non-Proliferation Treaty should the use of nuclear weapons be initiated against such country. (15) Conclude a verifiable bilateral agreement with the Russian Federation under which both countries withdraw from their arsenals and dismantle all tactical nuclear weapons, and seek to extend to all nuclear weapon states this zero option for tactical nuclear weapons. (16) Sign the appropriate protocols to the South Pacific Nuclear Free Zone Treaty. SEC. 4. REQUIREMENTS FOR IMPLEMENTATION OF POLICY. (a) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and not later than February 1 of each year thereafter, the President shall submit to the Congress a report on-- (1) the actions the United States has taken and the actions the United States plans to take during the succeeding 12-month period to implement each of the policy objectives set forth in this Act; (2) actions which have been taken by the Russian Federation, by the other former Soviet republics, and by other countries and institutions to achieve those policy objectives; and (3) obstacles that have been encountered in seeking to implement those policy objectives. Each such report shall be submitted in unclassified form, with a classified appendix if necessary. (b) Report on Nuclear Stockpile Information.--The President shall submit a report to the Congress on the specific actions that have been taken and those that are planned to comply with Condition 8 concerning the ``Nuclear Stockpile Weapons Arrangement'' of the Senate resolution of ratification of the START I treaty (Treaty Doc. 102-20 and 102-32). SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``fissile materials'' means highly enriched uranium and plutonium; (2) the term ``highly enriched uranium'' means uranium enriched to 20 percent or more in the isotope U-235; (3) the term ``IAEA'' means the International Atomic Energy Agency; (4) the term ``IAEA safeguards'' means the safeguards set forth in an agreement between a country and the IAEA, as authorized by Article III(A)(5) of the Statute of the International Atomic Energy Agency; (5) a policy of ``no first use'' of nuclear weapons means a commitment not to initiate the use of nuclear weapons; (6) the term ``non-nuclear weapon state'' means any country that is not a nuclear weapon state; (7) the term ``Nuclear Non-Proliferation Treaty'' means the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968; (8) the term ``nuclear weapon state'' means any country that is a nuclear-weapon state, as defined by Article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968; (9) the term ``START I treaty'' means the Treaty on the Reduction of Strategic Offensive Arms, signed by the United States and the Union of Soviet Socialist Republics on July 31, 1991; and (10) the term ``START II treaty'' means the Treaty on Further Reductions and Limitations of Strategic Offensive Arms, signed by the United States and the Russian Federation on January 3, 1993.", "summary": "Nuclear Non-Proliferation Policy Act of 1993 - Declares that, in order to end nuclear proliferation and reduce current nuclear arsenals and supplies of weapons-usable nuclear materials, it shall be U.S. policy to pursue the following objectives: (1) encourage the Ukraine to ratify the START I treaty and Ukraine and Kazakhstan to vote to accede to the Nuclear Non-Proliferation Treaty as non-nuclear weapon states; (2) encourage Belarus, Ukraine, and Kazakhstan to remove all nuclear weapons from their territory, accept International Atomic Energy Agency (IAEA) safeguards over nuclear facilities, and implement effective controls on nuclear exports; (3) reach an agreement with the Russian Federation to deactivate weapons to be withdrawn under START I and II, place all fissile material from weapons under bilateral or international controls, and arrange for inspections and data exchanges; (4) prepare for the ratification of START II by seeking the exchange of information; (5) conclude a multilateral comprehensive nuclear test ban treaty by early 1995; (6) ratify START II in the United States and encourage the Russian Federation to do the same; (7) conclude multilateral agreements to reduce nuclear arsenals; (8) reach agreement with the Russian Federation to halt the production of fissile material for weapons purposes and other worldwide agreements respecting such materials and the placement of all nuclear facilities under IAEA safeguards; (9) strengthen IAEA safeguards and nuclear export controls; (10) reduce incentives for countries to pursue the acquisition of nuclear weapons by seeking to reduce regional tensions; (11) support the extension of the Nuclear Non-Proliferation Treaty at the 1995 conference; (12) adopt a U.S. policy of \"no first use\" of nuclear weapons, reach agreement with other nuclear weapon states to adopt such a policy, and assist any country which is a party to the Nuclear Non-Proliferation Treaty should weapons be initiated against such country; (13) conclude an agreement with the Russian Federation to dismantle all tactical nuclear weapons; and (14) sign the appropriate protocols to the South Pacific Nuclear Free Zone Treaty."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stem Cell Research Enhancement Act of 2008''. SEC. 2. HUMAN EMBRYONIC STEM CELL RESEARCH. Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by inserting after section 498C the following: ``SEC. 498D. HUMAN EMBRYONIC STEM CELL RESEARCH. ``(a) In General.--Notwithstanding any other provision of law (including any regulation or guidance), the Secretary shall conduct and support research that utilizes human embryonic stem cells (regardless of the date on which the stem cells were derived from a human embryo). ``(b) Ethical Requirements.--Human embryonic stem cells shall be eligible for use in any research conducted or supported by the Secretary if the cells meet each of the following: ``(1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. ``(2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded. ``(3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation.''. SEC. 3. GUIDELINES ON RESEARCH INVOLVING HUMAN STEM CELLS. Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is further amended by inserting after section 498D, as inserted by this Act, the following: ``SEC. 498E. GUIDELINES ON RESEARCH INVOLVING HUMAN STEM CELLS. ``(a) In General.--Not later than 90 days after the date of the enactment of this section, the Director of NIH-- ``(1) shall issue guidelines on research involving human embryonic stem cells; and ``(2) may issue guidelines on research involving other human stem cells, as determined to be scientifically warranted by the Director of NIH. ``(b) Updates.-- ``(1) In general.--Subject to paragraph (2), the Director of NIH shall review and, as appropriate, update the guidelines issued under paragraphs (1) and (2) of subsection (a) when the Director determines that such updates are scientifically warranted. The Director of NIH may determine the extent to which such an update applies to ongoing National Institutes of Health conducted- or supported-research. ``(2) Frequency of updates.--The first update required under paragraph (1), with respect to guidelines issued under paragraph (1) or (2) of subsection (a), shall be made not later than the last day of the three-year period beginning on the date such respective guidelines are issued and each subsequent update to such respective guidelines shall be made not later than the last day of each subsequent three-year period. ``(c) Consideration of Other Guidelines.--In developing and updating the guidelines under this section, the Director of NIH shall, as appropriate, take into consideration guidelines on human stem cell research developed by nationally- and internationally-recognized scientific organizations. ``(d) Application of Guidelines to Research.-- ``(1) In general.--Subject to paragraph (2), research that is first conducted or supported by the National Institutes of Health on or after the effective date of the applicable guidelines under subsection (a) shall comply with such guidelines. ``(2) Exception for cells derived before the effective date of the guidelines.--The Director of NIH shall determine the extent to which the guidelines under this section shall apply to research described in paragraph (1) that uses human stem cells derived before the effective date of such guidelines. ``(e) Public Disclosure.--The Director of NIH shall publish the guidelines issued and updated under this section on the public website of the National Institutes of Health.''. SEC. 4. REPORTING REQUIREMENTS. Section 403(a)(5) of the Public Health Service Act (42 U.S.C. 283(a)(5)) is amended-- (1) by redesignating subparagraph (L) as (M); and (2) by inserting the following: ``(L) Human stem cells.''. SEC. 5. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) in developing, updating, and implementing the guidelines under section 498E of the Public Health Service Act, as added by section 3, the Director of the National Institutes of Health should consult with the Commissioner of Food and Drugs; (2) any research using human stem cells, irrespective of whether such research is federally funded, should comply with the guidelines under section 498E; and (3) the Commissioner of Food and Drugs should keep the Director of the National Institutes of Health informed of the types of human stem cell and related research that would facilitate the evaluation of the safety or effectiveness of drugs, devices, and biological products.", "summary": "Stem Cell Research Enhancement Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the needs of the individuals seeking such treatment; (2) prior to donation, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded; and (3) the individuals seeking fertility treatment donated the embryos with written informed consent and received no financial or other inducements. Requires the Director of the National Institutes of Health (NIH) to issue guidelines on research involving human embryonic stem cells. Authorizes the Director to issue guidelines on research involving other human stem cells, as scientifically warranted. Provides for updates of guidelines under this Act. Directs the Secretary to take into consideration guidelines on human stem cell research developed by nationally- and internationally- recognized scientific organizations. Requires NIH research to comply with guidelines under this Act. Requires the Director to: (1) determine the extent to which the guidelines under this Act apply to research on human embryonic stem cells derived before the effective date of such guidelines; and (2) include in its biennial report to Congress a summary of research activities on human stem cells."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Price and Economic Stability Act of 2001''. SEC. 2. FINDINGS. The Congress finds that: (1) Reliable and affordable energy is necessary to ensure economic health and public safety. (2) The western states have historically worked well together to ensure that energy is sufficient to meet demand at a reasonable cost. (3) Despite the best efforts of the western states, an emergency energy situation now exists. (4) The Federal government should augment the states' response to the emergency by protecting consumers from excessive wholesale rates. (5) Several factors have led to the existing emergency, including the following: a flawed deregulation plan in the State of California, the existence of market power among generators in the western region, increased natural gas costs, drought in the Northwest, rapid increases in the populations of western states, poor regional and national forecasting of energy needs, decreased operating reserves due to a lack of investment in new generation. (6) Federal and State efforts to protect the environment have not significantly contributed to these problems. (7) The region's energy needs can be met while protecting the environment and public health. (8) On November 1, 2000, and again on December 15, 2000, the Federal Energy Regulatory Commission found that wholesale electricity rates in the State of California were and have the potential to be unjust and unreasonable under the Federal Power Act. (9) The Federal Energy Regulatory Commission issued orders on March 9, 2001, March 14, 2001, and March 16, 2001 alleging that generators had overcharged California utilities more than $130 million. (10) The Federal Energy Regulatory Commission orders only reflect a fraction of total overcharges and do not reflect the full period during which overcharges may have occurred. (11) The California Independent System Operator reports that generators may have overcharged California utilities by more than $6 billion in the period between May 2000 and February 2001. (12) The market conditions that have existed in California, Washington, and Oregon for months now exist in neighboring states, where electricity costs are also rising. (13) Unless the Federal Energy Regulatory Commission intervenes in the western wholesale electricity market, nothing will constrain the wholesale price of electricity and the situation this coming summer may worsen by orders of magnitude. (14) On March 9, 2001, the Governors of California, Oregon, and Washington wrote to the Chairman and Commissioners of the Federal Energy Regulatory Commission to request that cost-of- service based rates be imposed in the western region. (15) The Federal Energy Regulatory Commission has failed to fulfill its obligations under the Federal Power Act to act in the best interest of consumers by mandating just and reasonable wholesale rates in the western energy market. SEC. 3. WHOLESALE ELECTRICITY RATES IN THE WESTERN UNITED STATES. (a) Definitions.--For purposes of this Act: (1) The term ``Commission'' means the Federal Energy Regulatory Commission. (2) The term ``cost-of-service-based rate'' means a rate, charge, or classification for the sale of electric energy that is equal to the sum of the following: (A) All variable and fixed costs of generating such electric energy. (B) Either-- (i) a reasonable risk premium, or (ii) a return on invested capital used to generate and transmit such electric energy that reflects customary returns during the period 1994 through 1999. (C) Other reasonable costs associated with the acquisition, conservation, and transmission of such electric energy. (3) The term ``new generation facility'' means any facility generating electric energy that did not generate electric energy at any time prior to January 1, 2001. (b) Exercise of Authority To Establish Cost-Based Rates.--Within 30 days after the enactment of this Act, the Commission shall issue an order establishing cost-of-service-based rates for electric energy sold at wholesale subject to the jurisdiction of the Commission under the Federal Power Act for use in that portion of the United States that is covered by the Western Systems Coordinating Council of the North American Electric Reliability Council. (c) Sunset.--Subsection (b) shall not apply to sales of electric energy after March 1, 2003. (d) New Facilities Not Covered.--The rates required under subsection (b) shall not apply to any sale of electric energy generated by any new generation facility. (e) Enforcement.-- (1) State cause of action.--If a State determines that a wholesale rate applicable to delivery of electricity within the State is not in compliance with subsection (b) or is not just and reasonable, the State may bring an action in the appropriate United States district court. Upon adequate showing that a rate is not in compliance with subsection (b) or is not just and reasonable, the court shall order refunds or other relief as appropriate. (2) Civil penalties.--Any person who violates any requirement of this section shall be subject to civil penalties equal to 3 times the value of the amount involved in such violation. The Commission shall assess such penalties, after notice and opportunity for public hearing, in accordance with the same provisions as are applicable under section 31(d) of the Federal Power Act in the case of civil penalties assessed under such section 31. (f) Refunds.--In the case of sales of electric energy for use in that portion of the United States that is covered by the Western Systems Coordinating Council of the North American Electric Reliability Council the Commission shall order the refund of any rates and charges that were not just and reasonable and that applied to sales between June 1, 2000 and the enactment of this Act. Any affected State may bring an action in the appropriate United States district court to enforce this subsection. (g) Savings Provisions.--Nothing in this section shall affect any authority of the Commission existing before the enactment of this section. SEC. 4. GUARANTEE OF PAYMENT REQUIRED FOR CERTAIN EMERGENCY POWER SALES. Section 202(c) of the Federal Power Act (16 U.S.C. 825(c)) is amended by adding the following at the end thereof: ``Except during the continuance of any war, no order may be issued under this subsection unless the payment of compensation or reimbursement to the person subject to such order is fully guaranteed by the United States Government or by a State government.''. SEC. 5. SEVERABILITY. If any provision of this Act is found to be unenforceable or invalid, no other provision of this Act shall be invalidated thereby.", "summary": "Energy Price and Economic Stability Act of 2001 - Instructs the Federal Energy Regulatory Commission to establish cost-of-service-based rates for electric energy (unless generated by a new generation facility) that is sold at wholesale, through April 30, 2003, for use in the area covered by the Western Systems Coordinating Council of the North American Electric Reliability Council.Provides for State enforcement of this Act.Instructs FERC to order refunds of rates and charges in the area covered by the Coordinating Council if electric energy sales were not just and reasonable.Amends the Federal Power Act to prohibit any FERC order for emergency connection or exchange of facilities unless the person subject to such order has been guaranteed full payment or reimbursement by either the Federal or State government."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Force Enhancement for Technology Transfer Act''. SEC. 2. FINDING AND PURPOSE. (a) Findings.--Congress finds and declares the following: (1) Skilled American workers are as essential to the Nation's productivity and long-term competitiveness as are new technologies. As technologies become more sophisticated and computer controlled, managers and other workers in manufacturing firms who are skilled in the effective utilization and operation of those advanced and modern technologies will become increasingly important to the Nation's international competitiveness, standard of living, and national security. (2) When United States manufacturing firms invest in advanced and modern technologies, they can increase their productivity and competitiveness by simultaneously investing in targeted worker training for the effective utilization and operation of those specific technologies. (3) United States manufacturing firms, particularly smaller firms, are increasingly turning to the expanding technology extension activities of the Department of Commerce's National Institute of Standards and Technology for technical and managerial assistance in order to identify and install the best and most appropriate advanced and modern technologies. (4) With its extensive knowledge of the best available technologies, the National Institute of Standards and Technology, with its associated Regional Centers for the Transfer of Manufacturing Technology and, when established, its Manufacturing Outreach Centers, can provide training in the effective utilization and operation of these technologies, can promote the development of effective training materials for these technologies, and can serve as a clearinghouse for information on the best available training materials. (b) Purpose.--It is the purpose of this Act to enhance the international competitiveness, standard of living, and national security of the United States by expanding the current technology extension activities of the Department of Commerce's National Institute of Standards and Technology (hereafter in this Act referred to as the ``Institute'') to include worker training in the effective utilization and operation of specific advanced and modern technologies. SEC. 3. WORKER TRAINING ACTIVITIES. In addition to existing responsibilities and authorities prescribed by law, the Secretary of Commerce (hereafter in this Act referred to as the ``Secretary''), through the Director of the Institute (hereafter in this Act referred to as the ``Director''), shall direct Regional Centers for the Transfer of Manufacturing Technology and, when established, Manufacturing Outreach Centers, to utilize, when appropriate, their expertise and capability to assist managers and other workers in United States manufacturing firms in effectively utilizing and operating advanced and modern technologies-- (1) by making available assessments of the needs of United States manufacturing firms for worker training in the effective utilization and operation of specific technologies the firms have adopted or are planning to adopt; (2) by making available to United States manufacturing firms information on commercially and publicly provided worker training services, including those provided by United States sources of technologies, in the effective utilization and operation of specific technologies the firms have adopted or are planning to adopt; and (3) by making available to United States manufacturing firms accessible and affordable training services for the effective utilization and operation of specific technologies the firms have adopted or are planning to adopt when such training is not available from commercially or other publicly provided training services. SEC. 4. WORKER TRAINING ANALYSIS AND INFORMATION DISSEMINATION. In addition to existing responsibilities and authorities prescribed by law, the Secretary, through the Director and in consultation with appropriate Federal officials and with leaders of industry and labor, shall assist managers and other workers in United States manufacturing firms in effectively utilizing and operating advanced and modern technologies-- (1) by establishing and managing a clearinghouse for information, to be available through the National Technology Transfer Center to the Regional Centers for the Transfer of Manufacturing Technology, to the Manufacturing Outreach Centers when they are established, to other technology training entities, or directly to United States manufacturing firms, on the best available training material and services for the effective utilization and operation of specific advanced and modern technologies; (2) by encouraging United States providers of advanced and modern technologies for manufacturing firms to develop training material specifically designed for the managers and other workers responsible for utilizing and operating such technologies; and (3) by establishing as an important criterion in the assessment of advanced and modern technologies the availability of training material specifically designed for the managers and other workers responsible for utilizing and operating such technologies. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for the establishment and management of a technology training clearinghouse $2,000,000 for fiscal year 1994 and $3,000,000 for each of fiscal years 1995 and 1996.", "summary": "Work Force Enhancement for Technology Transfer Act - Requires the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, to direct Regional Centers for the Transfer of Manufacturing Technology and, when established, Manufacturing Outreach Centers, to assist managers and other workers in U.S. manufacturing firms in using advanced and modern technologies, through needs assessments, information, and training services. Requires the Secretary, through the Director, to assist such managers and other workers in such use by: (1) establishing an information clearinghouse on the best available training material and services; (2) encouraging U.S. providers of such technologies for manufacturing firms to develop training material specifically designed for the managers and other workers responsible; and (3) establishing the availability of such specifically designed training material as an important criterion in assessing such technologies. Authorizes appropriations for a technology training clearinghouse."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``Cape Town Treaty Implementation Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Cape Town Treaty (as defined in section 44113 of title 49, United States Code) extends modern commercial laws for the sale, finance, and lease of aircraft and aircraft engines to the international arena in a manner consistent with United States law and practice. (2) The Cape Town Treaty provides for internationally established and recognized financing and leasing rights that will provide greater security and commercial predictability in connection with the financing and leasing of highly mobile assets, such as aircraft and aircraft engines. (3) The legal and financing framework of the Cape Town Treaty will provide substantial economic benefits to the aviation and aerospace sectors, including the promotion of exports, and will facilitate the acquisition of newer, safer aircraft around the world. (4) Only technical changes to United States law and regulations are required since the asset-based financing and leasing concepts embodied in the Cape Town Treaty are already reflected in the United States in the Uniform Commercial Code. (5) The new electronic registry system established under the Cape Town Treaty will work in tandem with current aircraft document recordation systems of the Federal Aviation Administration, which have served United States industry well. (6) The United States Government was a leader in the development of the Cape Town Treaty. (b) Purpose.--Accordingly, the purpose of this Act is to provide for the implementation of the Cape Town Treaty in the United States by making certain technical amendments to the provisions of chapter 441 of title 49, United States Code, directing the Federal Aviation Administration to complete the necessary rulemaking processes as expeditiously as possible, and clarifying the applicability of the Treaty during the rulemaking process. SEC. 3. RECORDATION OF SECURITY INSTRUMENTS. (a) Establishment of System.--Section 44107(a) of title 49, United States Code, is amended-- (1) in paragraph (2)(A) by striking ``750'' and inserting ``550''; and (2) in paragraph (3) by striking ``clause (1) or (2) of this subsection'' and inserting ``paragraph (1) or (2)''. (b) International Registry.--Section 44107 of such title is amended by adding at the end the following: ``(e) International Registry.-- ``(1) Designation of united states entry point.--As permitted under the Cape Town Treaty, the Federal Aviation Administration Civil Aviation Registry is designated as the United States Entry Point to the International Registry relating to-- ``(A) civil aircraft of the United States; ``(B) an aircraft for which a United States identification number has been assigned but only with regard to a notice filed under paragraph (2); and ``(C) aircraft engines. ``(2) System for filing notice of prospective interests.-- ``(A) Establishment.--The Administrator shall establish a system for filing notices of prospective assignments and prospective international interests in, and prospective sales of, aircraft or aircraft engines described in paragraph (1) under the Cape Town Treaty. ``(B) Maintenance of validity.--A filing of a notice of prospective assignment, interest, or sale under this paragraph and the registration with the International Registry relating to such assignment, interest, or sale shall not be valid after the 60th day following the date of the filing unless documents eligible for recording under subsection (a) relating to such notice are filed for recordation on or before such 60th day. ``(3) Authorization for registration of aircraft.--A registration with the International Registry relating to an aircraft described in paragraph (1) (other than subparagraph (C)) is valid only if (A) the person seeking the registration first files documents eligible for recording under subsection (a) and relating to the registration with the United States Entry Point, and (B) the United States Entry Point authorizes the registration.''. SEC. 4. REGULATIONS. (a) In General.--The Administrator of the Federal Aviation Administration shall issue regulations necessary to carry out this Act, including any amendments made by this Act. (b) Contents of Regulations.--Regulations to be issued under this Act shall specify, at a minimum, the requirements for-- (1) the registration of aircraft previously registered in a country in which the Cape Town Treaty is in effect; and (2) the cancellation of registration of a civil aircraft of the United States based on a request made in accordance with the Cape Town Treaty. (c) Expedited Rulemaking Process.-- (1) Final rule.--The Administrator shall issue regulations under this section by publishing a final rule by December 31, 2004. (2) Effective date.--The final rule shall not be effective before the date the Cape Town Treaty enters into force with respect to the United States. (3) Economic analysis.--The Administrator shall not be required to prepare an economic analysis of the cost and benefits of the final rule. (d) Applicability of Treaty.--Notwithstanding parts 47.37(a)(3)(ii) and 47.47(a)(2) of title 14, of the Code of Federal Regulations, Articles IX(5) and XIII of the Cape Town Treaty shall apply to the matters described in subsection (b) until the earlier of the effective date of the final rule under this section or December 31, 2004. SEC. 5. LIMITATION ON VALIDITY OF CONVEYANCES, LEASES, AND SECURITY INSTRUMENTS. Section 44108(c)(2) of title 49, United States Code, is amended by striking the period at the end and inserting ``or the Cape Town Treaty, as applicable.''. SEC. 6. DEFINITIONS. (a) In General.--Chapter 441 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44113. Definitions ``In this chapter, the following definitions apply: ``(1) Cape town treaty.--The term `Cape Town Treaty' means the Convention on International Interests in Mobile Equipment, as modified by the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, signed at Rome on May 9, 2003. ``(2) United states entry point.--The term `United States Entry Point' means the Federal Aviation Administration Civil Aviation Registry. ``(3) International registry.--The term `International Registry' means the registry established under the Cape Town Treaty.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``44113. Definitions.''. SEC. 7. EFFECTIVE DATE AND PRESERVATION OF PRIOR RIGHTS. This Act, including any amendments made by this Act, shall take effect on the date the Cape Town Treaty (as defined in section 44113 of title 49, United States Code) enters into force with respect to the United States and shall not apply to any registration or recordation that was made before such effective date under chapter 441 of such title or any legal rights relating to such registration or recordation. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Cape Town Treaty Implementation Act of 2004 - Provides for implementation of the Convention on International Interests in Mobile Equipment, as modified by the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, signed at Rome on May 9, 2003, or Cape Town Treaty (an electronic registry system for internationally established and recognized financing and leasing rights). Amends Federal aviation law to revise requirements for the Federal Aviation Administration (FAA) system for recording conveyances that affect an interest in U.S. civil aircraft. Reduces from 750 to 550 the rated take-off horsepower (or equivalent) of any specifically identified aircraft engine with respect to which leases and security instruments are to be recorded in such system. Designates the FAA Civil Aviation Registry as the United States Entry Point to the International Registry (established by the Cape Town Treaty) with respect to: (1) U.S. aircraft; (2) aircraft engines; and (3) any aircraft for which a U.S. identification number has been assigned, but only with regard to a notice filed under a system established by the Administrator for filing notices of prospective assignments and prospective international interests in, and prospective sales of, aircraft or aircraft engines under the Cape Town Treaty. Directs the FAA Administrator to establish such a system. Requires related documents to be filed for recordation within 60 days after such a notice is filed, or the notice, and any related registration with the International Registry, shall not be valid. Makes any registration with the International Registry relating to an aircraft (other than aircraft engines) valid only if the person seeking the registration first files documents meeting the recordation requirements, and the U.S. Entry Point authorizes the registration. Directs the Administrator to issue regulations which specify, at a minimum, the requirements for: (1) the registration of aircraft previously registered in a country in which the Cape Town Treaty is in effect; and (2) the cancellation of registration of a U.S. civil aircraft based on a request made in accordance with the Cape Town Treaty."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Protections for the Injured from Limitations on Liability Act''. SEC. 2. IMPROVEMENTS TO RECOVERY UNDER DEATH ON THE HIGH SEAS ACT. The Death on the High Seas Act (chapter 303 of title 46, United States Code), is amended-- (1) in section 30302-- (A) by inserting ``or law'' after ``admiralty''; and (B) by inserting before ``spouse'' the following: ``survivors, including''; (2) in section 30303-- (A) by inserting ``and nonpecuniary loss'' after ``pecuniary loss''; (B) by striking ``by'' and all that follows through the end, and inserting ``, plus a fair compensation for the decedent's pain and suffering.''; and (C) by adding at the end the following: ``In this section, the term `nonpecuniary loss' means loss of care, comfort, and companionship.''; (3) in section 30305 by inserting ``or law'' after ``admiralty''; (4) in section 30306, by inserting ``or law'' after ``admiralty''; (5) by striking section 30307; and (6) in the table of sections at the beginning of such chapter, by striking the item relating to sections 30307. SEC. 3. IMPROVEMENTS TO RECOVERY UNDER JONES ACT. Title 46, United States Code, is amended-- (1) in section 30104, by adding at the end the following: ``In addition to other amounts authorized under such laws, the recovery for a seaman who so dies shall include recovery for loss of care, comfort, and companionship.''; and (2) by striking section 30105 and the item relating to that section in the table of sections at the beginning of chapter 301. SEC. 4. REPEAL OF LIMITATION OF LIABILITY ACT. (a) Repeal.--Chapter 305 of title 46, United States Code, is amended by repealing sections 30505, 30506, 30507, 30511, and 30512 and the items relating to those sections in the table of sections at the beginning of chapter 305. (b) Conforming Amendments.-- (1) Oil pollution act of 1990.--Section 1018 of the Oil Pollution Act of 1990 (33 U.S.C. 2718) is amended-- (A) in subsection (a), by striking ``or the Act of March 3, 1851''; and (B) in subsection (c), by striking ``, the Act of March 3, 1851 (46 U.S.C. 183 et seq.),''. (2) Title 46.--Section 14305(a) of title 46, United States Code, is amended by striking paragraph (5) and redesignating the subsequent paragraphs as paragraphs (5) through (14), respectively. SEC. 5. BANKRUPTCY PROTECTION FOR TORT CLAIMS ARISING FROM OIL INCIDENTS. (a) Conditions on Sale or Lease of Significant Property of the Estate.-- (1) In general.--Section 363 of title 11, United States Code, is amended by adding at the end the following: ``(q) Notwithstanding any other provision of this section, if the debtor is liable under any law for a claim for wrongful death, personal injury, or property damage arising from an incident (as defined in section 1001 of the Oil Pollution Act of 1990, and that gives rise to liability under such Act), the trustee may not sell or lease, other than in the ordinary course of business, significant property of the estate (or, to the extent that the court has jurisdiction over any affiliate of the debtor, significant property of such affiliate) unless-- ``(1) creditors holding at least two-thirds in amount, and more than one-half in number, of all such claims not paid by the debtor consent to such sale or lease; or ``(2) the court finds, after notice and a hearing, that-- ``(A) sufficient property will remain in the estate; or ``(B) the debtor's anticipated future income will be sufficient; that all such claims will be paid in full.''. (2) Under plan of reorganization.--Section 1129(b)(2)(B)(ii) of title 11, United States Code, is amended-- (A) by inserting ``(other than the holder of a claim described in subclause (II))'' after ``claim'' the 1st place it appears; (B) by inserting ``(I)'' after ``(ii)''; (C) by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(II) if the plan provides for claims of the kind described in section 363(q) and provides for a sale or lease of significant property of the estate, creditors holding at least two-thirds in amount, and more than one-half in number, of such claims consent to such sale or lease.''. (b) Conforming Amendment.--Section 303(f) of title 11, United States Code, is amended by adding at the end the following: ``If the debtor is liable under any law for a claim for wrongful death, personal injury, or property damage arising from an incident (as defined in section 1001 of the Oil Pollution Act of 1990, and that gives rise to liability under such Act), the debtor may not sell or lease, other than in the ordinary course of business, significant property of the estate (or, to the extent that the court has or can obtain jurisdiction over any affiliate of the debtor, significant property of such affiliate) unless-- ``(1) creditors holding at least two-thirds in amount, and more than one-half in number, of all such claims not paid by the debtor consent to such sale or lease; or ``(2) the court finds, after notice and a hearing, that-- ``(A) sufficient property will remain in the estate; or ``(B) the debtor's anticipated future income will be sufficient; that all such claims will be paid in full.''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to claims arising on or after April 20, 2010, that are pending on or after such date of enactment. Passed the House of Representatives July 1, 2010. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Securing Protections for the Injured from Limitations on Liability Act - (Sec. 2) Amends the Death on the High Seas Act to permit the personal representative of a decedent to bring a civil action in admiralty or law (limited to admiralty under current law) against the person or vessel responsible for the decedent's death when the death was caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from the shore of the United States. Limits the right to bring such an action to the decedent's survivors only (including, as under current law, spouse, parent, child, or dependent relative). Allows recovery in such an action for fair compensation for nonpecuniary loss (limited to pecuniary loss under current law), plus a fair compensation for the decedent's pain and suffering. Defines \"nonpecuniary loss\" as loss of care, comfort, and companionship. (Sec. 3) Amends the Jones Act to allow recovery for the loss of the care, comfort, and companionship of a seaman who died in the course of employment. Removes restrictions on the bringing of actions under U.S. maritime law by workers who are not U.S. citizens or permanent residents against a mineral or energy company for personal injury or death occurring in the territorial waters or continental shelf of a foreign country. (Sec. 4) Repeals specified general limitations on a shipowner's liability (the Limitation of Liability Act) for personal injury or death on seagoing vessels. (Sec. 5) Amends the bankruptcy code to prohibit a trustee in bankruptcy from selling or leasing, except in the ordinary course of business, significant property of the estate of a debtor liable for a claim for wrongful death, personal injury, or property damage arising from an incident under the Oil Pollution Act of 1990 unless: (1) more than one-half of the creditors, holding at least two-thirds the dollar aggregate amount of the claims not paid by the debtor, consent to such sale or lease; or (2) the court finds, after notice and a hearing, that all such claims will be paid because sufficient property will remain in the estate or the debtor's anticipated future income will be sufficient."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Assistance Act of 2009''. SEC. 2. EXCLUSION FROM GROSS INCOME OF UNEMPLOYMENT DISTRIBUTIONS FROM TAX-FAVORED ACCOUNTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code is amended by inserting after section 139B the following new section: ``SEC. 139C. DISTRIBUTIONS FROM TAX-FAVORED ACCOUNT DURING PERIODS OF UNEMPLOYMENT. ``(a) In General.--Gross income shall not include any qualified unemployment distribution from a tax-favored account. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified unemployment distribution.-- ``(A) In general.--The term `qualified unemployment distribution' means, with respect to an individual, any distribution from a tax-favored account of such individual to the extent such distribution-- ``(i) is made during a period of unemployment which does not exceed 2 years, and ``(ii) is used during such period by the individual to pay qualified living expenses, qualified health care expenses, or qualified education or job training expenses. ``(B) Qualified living expenses.--The term `qualified living expenses' means any of the following expenses of the taxpayer: rent, acquisition indebtedness (as defined in section 164(h)(3)(B)), groceries, repairs with respect to a vehicle or principal residence (within the meaning of section 121) of the taxpayer, and any other such necessary and common expenses of the individuals. Such term shall not include any prepayment of rent or acquisition indebtedness. ``(C) Qualified health care expenses.--The term `qualified health care expenses' means amounts paid by such individual for medical care (as defined in section 213(d) for such individual, the spouse of such individual, and any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual, but only to the extent such amounts are not compensated for by insurance or otherwise. ``(D) Qualified education or job training expenses.--The term `qualified education or job training expenses' means any expenses which would (but for subsection (c)) be qualified tuition and related expenses for purposes of section 25A(c) (relating to Lifetime Learning Credit). ``(2) Tax-favored account.--The term `tax-favored account' means any of the following: ``(A) An eligible retirement plan (as defined in section 402(c)(8)(B)). ``(B) A health savings account described in section 223. ``(C) A Roth IRA. ``(D) A qualified tuition program described in section 529. ``(c) Amount Distributed May Be Repaid.-- ``(1) In general.--Any individual who receives a qualified unemployment distribution may make one or more contributions in an aggregate amount not to exceed the amount of such distribution to a tax-favored account of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), 223(f)(5), or 529(c)(3)(C), as the case may be. ``(2) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified unemployment distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified unemployment distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(3) Treatment of repayments for distributions from iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified unemployment distribution from an individual retirement plan (as defined by section 7701(a)(37)), then, to the extent of the amount of the contribution, the qualified unemployment distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(4) Other tax-favored accounts.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified unemployment distribution-- ``(A) from a health savings account described in section 223, or ``(B) from a qualified tuition program described in section 529 then, to the extent of the amount of the contribution, the qualified unemployment distribution shall be treated as a distribution described in section 529(c)(3)(C) or 223(f)(5), as the case may be, and as having been transferred to such account or program, as the case may be, within 60 days of the distribution. ``(d) Denial of Double Benefit.--Any qualified unemployment distribution with respect to any expense described in (b)(1)(A)(ii) which is excluded from gross income under this section shall not be taken into account in determining any deduction or credit under this chapter relating to such an expense.''. (b) Conforming Amendment.--Paragraph (2) of section 72(t) of such Code is amended by adding at the end the following new subparagraph: ``(H) Unemployment distributions.--Any distribution excludable from gross income under section 139C (relating to distributions from tax-favored account during periods of unemployment).''. (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139B the following new section: ``Sec. 139C. Distributions from tax-favored account during periods of unemployment.''. (d) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.", "summary": "Unemployment Assistance Act of 2009 - Amends the Internal Revenue Code to exclude from gross income amounts distributed from tax-exempt retirement plans, health savings accounts, Roth individual retirement accounts (IRAs), and qualified tuition programs to pay for certain living, health care and education or job training expenses of a taxpayer during a period of unemployment not exceeding two years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``1863 Gettysburg Campaign Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the 1863 invasion of Pennsylvania and the resulting Battle of Gettysburg proved decisive in the final outcome of the American Civil War; (2) President Abraham Lincoln's Gettysburg Address put the Civil War in perspective as a test of the success of the American Revolution; (3) the Army Heritage Center Foundation (in this Act referred to as the ``AHCF'') works with the United States Army to establish, sponsor, support, promote, and maintain the United States Army Heritage and Education Center (in this Act referred to as the ``AHEC'') at Carlisle, Pennsylvania; (4) the AHEC is the Army's premier center for the study of the role of the individual soldier in support of the Nation, and its Civil War photograph and manuscript collection is considered one of the finest in the Nation; (5) the AHEC seeks to honor the service and sacrifice of soldiers and their families, preserve the memories of their service by gathering and preserving artifact and manuscript collections, and educate the public through a world class archives, museum displays, and engaging educational programs; (6) the goal of the AHEC is to promote an appreciation of the sacrifices that generations of American soldiers and their families have made to safeguard the freedoms of the Nation; (7) the AHCF will, through donated support, fund and construct the public components of the AHEC, the Visitor and Education Center and the Army Heritage Museum, and once construction is complete, focus on providing ``margin of excellence support'' to meet the needs of educational programs and other activities at the AHEC where Federal funds are unavailable; (8) the Gettysburg Foundation is dedicated to supporting Gettysburg National Military Park, part of the National Park Service, by-- (A) operating the new Museum and Visitor Center for the park; (B) funding the preservation and rehabilitation of the park's resources; (C) preserving and displaying the Cyclorama painting; and (D) providing visitors with an understanding of the significance of the Battle of Gettysburg within the context of the causes and consequences of the American Civil War; (9) the AHCF and the Gettysburg Foundation-- (A) are nongovernmental, member-based, and publicly supported non-profit organizations that are dependent on funds from members, donations, and grants for support; and (B) use such support to help create and sustain the Gettysburg National Military Park and the Army Heritage and Education Center; (10) the Gettysburg Foundation is recognized as the official partner of Gettysburg National Military Park; and (11) the AHCF is recognized by the Secretary of the Army as the lead agency supporting the development of the AHEC. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and commemoration of the 1863 Invasion of Pennsylvania, the decisive Battle of Gettysburg, and President Lincoln's Gettysburg Address, and notwithstanding any other provision of law, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 75,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 350,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 100,000 half dollar coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins, contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the history and memory of the Battle of Gettysburg and President Lincoln's Gettysburg Address. (2) Designations and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2013''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) contain motifs that specifically commemorate the Invasion of Pennsylvania, the Battle of Gettysburg, and President Lincoln's Gettysburg Address; (2) be selected by the Secretary, after consultation with the Secretary of the Army and the Secretary of the Interior, the AHCF and the Gettysburg Foundation, and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--For each of the 3 coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2013. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins minted under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins minted under this Act shall be promptly paid by the Secretary in the ratio of two-thirds to the Gettysburg Foundation and one-third to the AHCF, to help finance their respective programs. (c) Audits.--The Gettysburg Foundation and the AHCF shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). The Secretary may issue guidance to carry out this subsection.", "summary": "1863 Gettysburg Campaign Act - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the history and memory of the Battle of Gettysburg and the Gettysburg Address of President Abraham Lincoln."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``New England Wilderness Act of 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Section 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I--NEW HAMPSHIRE Sec. 101. Definition of State. Sec. 102. Designation of wilderness areas. Sec. 103. Map and description. Sec. 104. Administration. TITLE II--VERMONT Sec. 201. Definitions. Subtitle A--Designation of Wilderness Areas Sec. 211. Designation. Sec. 212. Map and description. Sec. 213. Administration. Subtitle B--Moosalamoo National Recreation Area Sec. 221. Designation. Sec. 222. Map and description. Sec. 223. Administration of National Recreation Area. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. TITLE I--NEW HAMPSHIRE SEC. 101. DEFINITION OF STATE. In this title, the term ``State'' means the State of New Hampshire. SEC. 102. DESIGNATION OF WILDERNESS AREAS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the State is designated as wilderness and as components of the National Wilderness Preservation System: (1) Certain Federal land managed by the Forest Service, comprising approximately 23,700 acres, as generally depicted on the map entitled ``Proposed Wild River Wilderness--White Mountain National Forest'', dated February 6, 2006, which shall be known as the ``Wild River Wilderness''. (2) Certain Federal land managed by the Forest Service, comprising approximately 10,800 acres, as generally depicted on the map entitled ``Proposed Sandwich Range Wilderness Additions--White Mountain National Forest'', dated February 6, 2006, and which are incorporated in the Sandwich Range Wilderness, as designated by the New Hampshire Wilderness Act of 1984 (Public Law 98-323; 98 Stat. 259). SEC. 103. MAP AND DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated by section 102 with the committees of appropriate jurisdiction in the Senate and the House of Representatives. (b) Force and Effect.--A map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (c) Public Availability.--Each map and legal description filed under subsection (a) shall be filed and made available for public inspection in the Office of the Chief of the Forest Service. SEC. 104. ADMINISTRATION. (a) Administration.--Subject to valid existing rights, each wilderness area designated under this title shall be administered by the Secretary in accordance with-- (1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (2) the Wilderness Act (16 U.S.C. 1131 et seq.). (b) Effective Date of Wilderness Act.--With respect to any wilderness area designated by this title, any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (c) Fish and Wildlife.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects any jurisdiction or responsibility of the State with respect to wildlife and fish in the State. (d) Withdrawal.--Subject to valid existing rights, all Federal land in the wilderness areas designated by section 102 are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing laws (including geothermal leasing laws). TITLE II--VERMONT SEC. 201. DEFINITIONS. In this title: (1) Management plan.--The term ``Management Plan'' means the Green Mountain National Forest Land and Resource Management Plan. (2) State.--The term ``State'' means the State of Vermont. Subtitle A--Designation of Wilderness Areas SEC. 211. DESIGNATION. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Certain Federal land managed by the United States Forest Service, comprising approximately 22,425 acres, as generally depicted on the map entitled ``Glastenbury Wilderness--Proposed'', dated September 2006, which shall be known as the ``Glastenbury Wilderness''. (2) Certain Federal land managed by the United States Forest Service, comprising approximately 12,333 acres, as generally depicted on the map entitled ``Joseph Battell Wilderness-- Proposed'', dated September 2006, which shall be known as the ``Joseph Battell Wilderness''. (3) Certain Federal land managed by the United States Forest Service, comprising approximately 3,757 acres, as generally depicted on the map entitled ``Breadloaf Wilderness Additions-- Proposed'', dated September 2006, which shall be known as the ``Breadloaf Wilderness''. (4) Certain Federal land managed by the United States Forest Service, comprising approximately 2,338 acres, as generally depicted on the map entitled ``Lye Brook Wilderness Additions-- Proposed'', dated September 2006, which shall be known as the ``Lye Brook Wilderness''. (5) Certain Federal land managed by the United States Forest Service, comprising approximately 752 acres, as generally depicted on the map entitled ``Peru Peak Wilderness Additions--Proposed'', dated September 2006, which shall be known as the ``Peru Peak Wilderness''. (6) Certain Federal land managed by the United States Forest Service, comprising approximately 47 acres, as generally depicted on the map entitled ``Big Branch Wilderness Additions--Proposed'', dated September 2006, which shall be known as the ``Big Branch Wilderness''. SEC. 212. MAP AND DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated by section 211 with-- (1) the Committee on Resources of the House of Representatives; (2) the Committee on Agriculture of the House of Representatives; and (3) the Committee on Agriculture, Nutrition, and Forestry of the Senate. (b) Force of Law.--A map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (c) Public Availability.--Each map and legal description filed under subsection (a) shall be filed and made available for public inspection in the Office of the Chief of the Forest Service. SEC. 213. ADMINISTRATION. (a) Administration.--Subject to valid rights in existence on the date of enactment of this Act, each wilderness area designated under this subtitle and in the Green Mountain National Forest (as of the date of enactment of this Act) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). (b) Fish and Wildlife.--Nothing in this subtitle affects the jurisdiction of the State with respect to wildlife and fish on the public land located in the State, including the stocking of fish in rivers and streams in the State to support the Connecticut River Atlantic Salmon Restoration Program. (c) Trails.--The Forest Service shall allow the continuance of-- (1) the Appalachian National Scenic Trail; (2) the Long Trail; (3) the Catamount Trail; and (4) the marking and maintenance of associated trails and trail structures of the Trails referred to in this subsection, consistent with the management direction (including objectives, standards, guidelines, and agreements with partners) established for the Appalachian National Scenic Trail, Long Trail, and Catamount Trail under the Management Plan. Subtitle B--Moosalamoo National Recreation Area SEC. 221. DESIGNATION. Certain Federal land managed by the United States Forest Service, comprising approximately 15,857 acres, as generally depicted on the map entitled ``Moosalamoo National Recreation Area--Proposed'', dated September 2006, is designated as the ``Moosalamoo National Recreation Area''. SEC. 222. MAP AND DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the national recreation area designated by section 221 with-- (1) the Committee on Resources of the House of Representatives; (2) the Committee on Agriculture of the House of Representatives; and (3) the Committee on Agriculture, Nutrition, and Forestry of the Senate. (b) Force of Law.--A map and legal description filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct clerical and typographical errors in the map and legal description. (c) Public Availability.--Each map and legal description filed under subsection (a) shall be filed and made available for public inspection in the Office of the Chief of the Forest Service. SEC. 223. ADMINISTRATION OF NATIONAL RECREATION AREA. (a) In General.--Subject to valid rights existing on the date of enactment of this Act, the Secretary shall administer the Moosalamoo National Recreation Area in accordance with-- (1) laws (including rules and regulations) applicable to units of the National Forest System; and (2) the management direction (including objectives, standards, and guidelines) established for the Moosalamoo Recreation and Education Management Area under the Management Plan. (b) Fish and Wildlife.--Nothing in this subtitle affects the jurisdiction of the State with respect to wildlife and fish on the public land located in the State. (c) Escarpment and Ecological Areas.--Nothing in this subtitle prevents the Secretary from managing the Green Mountain Escarpment Management Area and the Ecological Special Areas, as described in the Management Plan. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "New England Wilderness Act of 2006 - Title I: New Hampshire - Designates specified federal lands managed by the United States Forest Service in the White Mountain National Forest area of New Hampshire as wilderness areas and as components of the National Wilderness Preservation System (lands to be known as the Wild River Wilderness and lands to be incorporated in the Sandwich Range Wilderness). Title II: Vermont - Subtitle A: Designation of Wilderness Areas - Designates specified federal lands managed by the Forest Service in Vermont as wilderness areas and National Wilderness Preservation System components (lands to be known as the Glastenbury Wilderness, the Joseph Battell Wilderness, the Breadloaf Wilderness, the Lye Brook Wilderness, the Peru Peak Wilderness, and the Big Branch Wilderness). Requires the Forest Service to allow the continuance of the Appalachian National Scenic Trail, the Long Trail, the Catamount Trail, and the marking and maintenance of associated trails and trail structures consistent with the management direction established under the Green Mountain National Forest Land and Resource Management Plan. Subtitle B: Moosalamoo National Recreation Area - Designates specified federal lands managed by the Forest Service in Vermont as the Moosalamoo National Recreation Area. Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to administer the Area in accordance with laws applicable to National Forest System units and the management direction established for the Moosalamoo Recreation and Education Management Area under such Management Plan."}
{"article": "SECTION 1. EXCISE TAX ON IMPORTED CRUDE OIL AND REFINED PETROLEUM PRODUCTS. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 55--IMPORTED CRUDE OIL AND REFINED PETROLEUM PRODUCTS ``Sec. 5885. Imposition of tax. ``Sec. 5886. Average international price. ``Sec. 5887. Definitions and special rules. ``Sec. 5888. Registration. ``SEC. 5885. IMPOSITION OF TAX. ``(a) General Rule.--If the average international price of crude oil for any 4-week period is less than $24, then there is hereby imposed an excise tax on any petroleum product entered into the United States for use, consumption, or warehousing during the week following such 4-week period. ``(b) Amount of Tax.-- ``(1) In general.--The amount of tax imposed by subsection (a) with respect to any barrel shall be equal to the excess of-- ``(A) $24, over ``(B) the average international price of crude oil for the preceding 4-week period. ``(2) Fractional part of barrel.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on a whole barrel. ``(c) Time Tax Is Imposed.-- ``(1) In general.--The tax imposed by subsection (a) shall be on the first sale within the United States of the petroleum product. ``(2) Tax on certain uses.--If-- ``(A) any petroleum product entered into the United States is used within the United States, and ``(B) before such use, no tax was imposed under subsection (a), then the tax imposed by subsection (a) shall be on such use. ``(d) Liability for Payment of Tax.-- ``(1) Sales.--The tax imposed on the first sale described in subsection (c)(1) shall be paid by the seller thereof. ``(2) Use.--The tax imposed on any use described in subsection (c)(2) shall be paid by the person using the petroleum product. ``SEC. 5886. AVERAGE INTERNATIONAL PRICE. ``(a) In General.--For purposes of this subchapter, the average international price of crude oil for any 4-week period shall be the average of the weighted average price per barrel of crude oil for each week in such period, as estimated and published in the Weekly Petroleum Status Report prepared by the Secretary of Energy or his delegate. ``(b) Publication.--The Secretary shall publish for each week the average international price determined under subsection (a) for the preceding 4-week period. ``SEC. 5887. DEFINITIONS AND SPECIAL RULES. ``(a) Definitions.--For purposes of this chapter-- ``(1) Crude oil.--The term `crude oil' includes crude oil condensates and natural gasoline but does not include domestic crude oil (within the meaning of section 4612(a)(2)). ``(2) Barrel.--The term `barrel' means 42 United States gallons. ``(3) Export.--The term `export' includes shipment to a possession of the United States. ``(4) Petroleum product.--The term `petroleum product' includes-- ``(A) crude oil, and ``(B) refined oil, fuels, and chemical feedstocks which are refined or derived from crude oil. ``(b) Tax-Free Exports.-- ``(1) In general.--Under regulations prescribed by the Secretary, no tax shall be imposed under this chapter on the sale of any petroleum product for export or for resale by the purchaser to a second purchaser for export. ``(2) Proof of export.--Where any petroleum product has been sold free of tax under paragraph (1), such paragraph shall cease to apply with respect to the sale of such petroleum product unless, within the 6-month period which begins on the date of the sale, the seller receives proof that the petroleum product has been exported. ``SEC. 5888. REGISTRATION. ``Every person subject to tax under section 5885 shall register with the Secretary at such time and in such manner as the Secretary may prescribe.'' (b) Conforming Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end thereof the following new item: ``Chapter 55. Imported crude oil and refined petroleum products.'' (c) Deductibility of Imported Crude Oil Tax.--The first sentence of section 164(a) of such Code (relating to deductions for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The tax on imported petroleum products imposed by section 5885.'' (d) Effective Date.--The amendments made by this section shall apply with respect to sales of imported crude oil and imported refined petroleum products in calendar quarters beginning more than 30 days after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to establish a fee on crude oil and refined petroleum products imported into the United States, other than oil or products purchased for export. Imposes the fee during any week following a four-week period when the average international price of crude oil has been less than $24 per barrel. Bases the fee on the difference between $24 per barrel and the average international price of a barrel of crude oil."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrew Carnegie Public Libraries Act''. SEC. 2. PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION. (a) In General.--The Library Services and Technology Act (20 U.S.C. 9121 et seq.) is amended-- (1) by redesignating chapter 3 as chapter 4; and (2) by inserting after chapter 2 the following: ``CHAPTER 3--PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION ``SEC. 241. GRANTS FOR PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION. ``(a) In General.--From amounts appropriated under section 244, the Director may make grants for the construction or modernization of public libraries to persons or entities submitting applications under section 243. ``(b) Applicability.--The provisions of this subtitle (other than this chapter) shall not apply to this chapter. ``(c) Definitions.--In this chapter: ``(1) Construction.-- ``(A) In general.--The term `construction' means-- ``(i) construction of new buildings; ``(ii) the acquisition, expansion, remodeling, and alteration of existing buildings; ``(iii) the purchase, lease, and installation of equipment for any new or existing buildings; or ``(iv) any combination of the activities described in clauses (i) through (iii), including architect' fees and the cost of acquisition of land. ``(B) Special rule.--Such term includes remodeling to meet standards under the Act entitled `An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped', approved August 12, 1968 (42 U.S.C. 4151 et seq.), commonly known as the `Architectural Barriers Act of 1968', remodeling designed to ensure safe working environments and to conserve energy, renovation or remodeling to accommodate new technologies, and the purchase of historic buildings for conversion to public libraries. ``(2) Equipment.--The term `equipment' means-- ``(A) information and building technologies, video and telecommunications equipment, machinery, utilities, built-in equipment, and any necessary enclosures or structures to house the technologies, equipment, machinery or utilities; and ``(B) all other items necessary for the functioning of a particular facility as a facility for the provision of library services. ``(3) Modernization.-- ``(A) In general.--The term `modernization' means the purchase, rental, or lease of technological items, devices, or products (including upgrades)-- ``(i) to improve access to library services or materials in a public library; or ``(ii) to maintain or improve the functional capabilities of individuals with disabilities in a public library. ``(B) Limitation.--Such term does not include-- ``(i) the purchase of books, periodicals, audio or video recordings, or other similar library materials used by patrons; or ``(ii) costs for telecommunications or computer wiring undertaken in order to permit or improve the use of technological items, devices, or products. ``(4) Public library.--The term `public library' means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. Such term also includes a research library, which, for the purposes of this sentence, means a library, which-- ``(A) makes its services available to the public free of charge; ``(B) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries; ``(C) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and ``(D) is not an integral part of an institution of higher education. ``SEC. 242. USES OF FEDERAL FUNDS. ``(a) In General.--A recipient of a grant under this chapter shall use funds appropriated under section 244 to pay the Federal share of the cost of construction or modernization of public libraries. ``(b) Maximum Amount.--The maximum amount of a grant under this chapter is $5,000,000. ``(c) Federal Share.-- ``(1) In general.--For the purposes of subsection (a), the Federal share of the cost of construction or modernization of any project assisted under this chapter shall not exceed one- half of the total cost of the project. ``(2) Non-federal share.--The non-Federal share of the cost of construction or modernization of any project assisted under this chapter may be provided from State, local or private sources, including for-profit and nonprofit organizations. ``(d) Special Rule.--If, within 20 years after completion of construction of any public library facility that has been constructed in part with grant funds made available under this chapter-- ``(1) the recipient of the grant funds (or its successor in title or possession) ceases or fails to be a public or nonprofit institution, or ``(2) the facility ceases to be used as a library facility, unless the Director determines that there is good cause for releasing the institution from its obligation, the United States shall be entitled to recover from such recipient (or successor) an amount which bears the same ratio to the value of the facility at that time (or part thereof constituting an approved project or projects) as the amount of the Federal grant bore to the cost of such facility (or part thereof). The value shall be determined by the parties or by action brought in the United States district court for the district in which the facility is located. ``SEC. 243. APPLICATION. ``Any person or entity desiring to receive a grant under this chapter for any fiscal year shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require, including a description of the public library construction or modernization activities be assisted under this chapter. ``SEC. 244. LABOR STANDARDS. ``All laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair, including painting and decorating, of projects, buildings, and works which are assisted under this chapter, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276--276a-5), popularly known as the Davis-Bacon Act. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)). ``SEC. 245. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this chapter $200,000,000 for fiscal year 2006 and each of the 4 succeeding fiscal years, to remain available until expended. ``(b) Administration.--Not more than 3 percent of the funds appropriated under subsection (a) for a fiscal year may be used to pay for the Federal administrative costs of carrying out this chapter.''. (b) Conforming Amendment.--Section 210A of the Museum and Library Services Act (20 U.S.C. 9109) is amended by striking ``No funds'' and inserting ``Except as provided in chapter 3 of the Library Services and Technology Act, no funds''.", "summary": "Andrew Carnegie Public Libraries Act - Amends the Library Services and Technology Act to authorize the Director of the Institute of Museum and Library Services to make grants for the construction or modernization of public libraries. Sets forth application requirements for persons or entities desiring to receive such grants. Allows the non-federal share of project costs to be provided from state, local, or private sources, including for-profit and nonprofit organizations. Provides for recovery of funds if a grant recipient or successor ceases or fails to be a public or nonprofit institution, or if the facility ceases to be used as a library."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Act of 1999''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to identify those areas which are subject to the highest levels of toxic chemicals, through all media; (2) to require the collection of data on environmental health effects so that impacts on different individuals or groups can be understood; (3) to assess the health effects that may be caused by emissions in those areas of highest impact; (4) to ensure that groups or individuals residing within those areas of highest impact have the opportunity to participate in developing solutions to environmental and health problems confronting their community; (5) to promote technologies and practices that reduce or eliminate pollution; and (6) to promote the development and maintenance of parks and green open spaces in polluted communities. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Environmental Protection Agency. (2) Environmental high impact area.--The terms ``Environmental High Impact Area'' and ``EHIA'' mean the 20 counties or other geographic units that are designated pursuant to section 101. (3) Secretary.--The term ``Secretary'' means the Secretary of the Department of Health and Human Services. (4) Toxic chemicals.--The term ``toxic chemicals'' includes all substances as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; any hazardous waste listed or identified pursuant to the Solid Waste Disposal Act; any pollutant for which air quality standards have been issued pursuant to the Clean Air Act; any pollutant for which water quality standards have been issued pursuant to the Clean Water Act; any pollutant for which a national primary drinking water regulation has been issued pursuant to the Safe Drinking Water Act; all materials registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act; and all substances and chemicals subject to reporting obligations pursuant to the Emergency Planning and Community Right-to-Know Act. The Adminis- trator may add other substances as deemed appropriate. (5) Toxic chemical facilities.--The term ``toxic chemical facilities'' includes all facilities including Federal facilities subject to a permit, inspection or review, or registration requirement pursuant to the authority of the Solid Waste Disposal Act; the Clean Air Act; the Clean Water Act; the Federal Insecticide, Fungicide and Rodenticide Act; and the OSHA Hazard Communication Standard; as well as any facility subject to reporting obligations pursuant to the Emergency Planning and Community Right-to-Know Act. The Administrator shall have the authority to examine the level of toxic chemicals released into the environment by facilities not currently subject to Federal review, inspection, or reporting requirements if (A) a facility is believed to produce a high level of environmental pollution, and (B) the Administrator is petitioned by individuals or groups within such EHIA to conduct the review. TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS SEC. 101. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS. (a) Publication of Method.--Within 12 months after the enactment of this Act, the Administrator shall publish for public comment the method for selecting the EHIAs. (b) Determination of Impacted Areas.--Within 18 months after the date of enactment of this Act, the Administrator shall publish a list of 20 Environmental High Impact Areas that are either counties or other appropriate geographic units in which high levels of chemicals are present and in which the population is exposed to such chemicals. The Administrator shall also take into consideration any geographical areas suggested for review by the Agency for Toxic Substances and Disease Registry, the National Center for Environmental Health, the National Center for Health Statistics, other appropriate Federal agencies, and State and local health authorities. (c) Revision and Republication.--The Administrator shall revise and republish the list described in subsection (a) of this section not less than every 5 years, using data compiled for that 5-year period. (d) Compilation of List.--In selecting a methodology and compiling or revising the list of EHIAs, the Administrator shall-- (1) use the most recent data available; (2) take into account the relative toxicity of the toxic chemicals; (3) determine, with the best available data, the actual and potential exposures, and toxicity of the toxic chemicals present in each impacted area; (4) consider and utilize all appropriate data compiled pursuant to any environmental regulatory authority and other sources, including but not limited to available data on lead- based paint and the existence of pollutants from mobile sources; (5) distinguish between toxic chemicals which are (A) in a contained, controlled environment such as barrels, factories, warehouses, or lined landfills; and (B) released into the air, water, soil or groundwater of the area; and (6) take into account the impact of pollution in high population density areas. TITLE II--ENFORCEMENT INITIATIVES SEC. 201. MANDATORY INSPECTION. To assure that facilities with the highest potential for release of toxic chemicals into the environment are operating in compliance with all applicable environmental, health and safety standards, the Administrator, and the Assistant Secretary of the Occupational Safety and Health Administration shall conduct compliance inspections or reviews of all toxic chemical facilities in Environmental High Impact Areas subject to their respective jurisdictions within 1 year after the publication of each list of EHIAs under title I. TITLE III--COMMUNITY PARTICIPATION SEC. 301. TECHNICAL ASSISTANCE GRANTS. The Administrator shall make a technical assistance grant available to any individual or group of individuals in an EHIA. Such grants shall be used to seek guidance from independent experts for the purpose of improving understanding of environmental and health concerns related to designation as an EHIA. Not more than one grant may be made with respect to each EHIA, but the grant may be renewed to facilitate public participation where necessary. TITLE IV--IDENTIFICATION AND PREVENTION OF HEALTH IMPACTS SEC. 401. SECRETARIAL STUDY. Within 2 years after the publication of each list of EHIAs under title I, the Secretary shall issue for public comment a report identifying the methodology used and nature and extent, if any, of acute and chronic impacts on human health in EHIAs as compared to non- EHIAs, including impacts on subgroups within EHIAs. Such impacts shall include but not be limited to cancer, birth deformities, infant mortality rates, and respiratory diseases. The report shall be coordinated by the Administrator of the Agency for Toxic Substances and Disease Registry and shall involve the community being assessed. The ATSDR shall work closely with the Directors of the National Institute for Environmental Health Sciences, the National Center for Health Statistics, and other appropriate Federal agencies to coordinate the report, relying on the expertise of leading health and environmental scientists. The health assessment shall seek to-- (1) isolate the impacts of environmental pollution; (2) segregate the effects of other factors such as health care availability or substance abuse or diet; (3) evaluate the levels below which release of toxic chemicals, either individually or cumulatively, must be reduced to avoid adverse impacts on human health; and (4) determine the impacts of uncontrolled releases. In conducting health assessments, the Administrator of the Agency for Toxic Substances and Disease Registry and other Federal agencies shall consider: the differential sensitivities to exposures for vulnerable groups; the effects of low levels of a toxin over a period of time; cumulative and synergistic effects of multiple toxins; and methodological issues for studying exposures and diseases among small numbers of people, including units of measurement and analyses sensitive to disease clusters; and demographic information relevant for a determination of environmental justice concerns. As a result of the report in communities where the Administrator of the Agency for Toxic Substances Disease Registry has determined that adverse health impacts exist, the agency shall also make this information readily available to members of the community by providing information directly to the affected communities and tribal governments in the Environmental High Impact Areas. SEC. 402. MORATORIUM. If the report under section 401 finds significant adverse impacts of environmental pollution on human health in EHIAs, there shall be a moratorium on the siting or permitting of any new toxic chemical facility in any EHIA shown to emit toxic chemicals in quantities found to cause significant adverse impacts on human health. A new toxic chemical facility may be cited or permitted in such an EHIA during this period only if the Secretary and Administrator agree that-- (1) there will be no significant adverse impacts to human health; (2) the owner or operator of the facility demonstrates that the facility has developed a plan to maintain a comprehensive pollution prevention program; and (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. The moratorium shall continue in effect in such an EHIA until the Administrator determines, upon petition of any interested party, that the health-based levels identified pursuant to section 401(5) have been attained at the EHIA. TITLE V--HEALTH REMEDIES SEC. 501. HEALTH SCREENING AND TREATMENT GRANTS. Within 1 year after the Secretary's biennial health assessment is released, in EHIAs shown to have adverse health outcomes related to environmental exposures, the Secretary shall establish a grant program to make available to public and nonprofit private entities awards for the purposes of providing community-wide medical screening and diagnostic services for environmentally related illnesses. Treatment services shall be provided for community residents with environmentally related illnesses if they lack private or public health insurance, and shall continue as long as medically necessary. Following community screening, the Secretary shall initiate a review of medical services within EHIAs to determine if the area or population would qualify as ``medically underserved'' or a ``health professional shortage area''. TITLE VI--POLLUTION REDUCTION SEC. 601. POLLUTION REDUCTION AND PREVENTION GRANTS. In EHIAs where the Secretary has determined that adverse health outcomes are related to environmental exposures, the Administrator shall immediately take efforts to reduce pollution in the area. The Administrator shall first make available to States with EHIAs pollution reduction/prevention grants which will involve community representatives, public health experts, local business, and government officials located within the EHIA in developing effective pollution reduction strategies. If within 1 year, the Administrator determines that significant steps have not been made to reduce pollution and risk to human health, the Administrator may take regulatory steps to reduce pollution in the area. TITLE VII--PROMOTION OF GREEN SPACE SEC. 701. DEVELOPMENT OF PARKS OR RECREATIONAL AREAS. Within 1 year after the Secretary's biennial health assessment is released, the Secretary of the Interior shall establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces, and provide guidance for promoting environmentally sound use of the land. TITLE VIII--FUNDING SEC. 801. FUNDING. There are authorized to be appropriated to carry out this Act such sums as may be necessary.", "summary": "TABLE OF CONTENTS: Title I: Identification of Environmental High Impact Areas Title II: Enforcement Initiatives Title III: Community Participation Title IV: Identification and Prevention of Health Impacts Title V: Health Remedies Title VI: Pollution Reduction Title VII: Promotion of Green Space Title VIII: Funding Environmental Justice Act of 1999 - Title I: Identification of Environmental High Impact Areas - Requires the Administrator of the Environmental Protection Agency to publish a list of 20 Environmental High Impact Areas (EHIAs) that are either counties or other geographic units in which high levels of chemicals are present and in which the population is exposed to such chemicals. Provides for revision and republication of such list at least every five years. Title II: Enforcement Initiatives - Directs the Administrator and the Assistant Secretary of the Occupational Safety and Health Administration to conduct compliance inspections or reviews of all toxic chemical facilities in EHIAs within one year after the publication of each EHIA list under title I. Title III: Community Participation - Requires the Administrator to make technical assistance grants for individuals in EHIAs for purposes of seeking guidance from experts to improve understanding of environmental and health concerns related to designation as an EHIA. Title IV: Identification and Prevention of Health Impacts - Directs the Secretary of Health and Human Services to issue for public comment a report identifying the methodology used and nature and extent of acute and chronic impacts on human health in EHIAs as compared to non-EHIAs. (Sec. 402) Provides for a moratorium on the siting or permitting of any new toxic chemical facility in an EHIA shown to emit toxic chemicals in quantities causing significant adverse health impacts if the report finds significant adverse impacts of environmental pollution on human health in EHIAs. Permits such siting or permitting during a moratorium period only if the Secretary and Administrator agree that: (1) there will be no significant adverse health impacts; (2) the facility owner or operator demonstrates that the facility has a plan to maintain a comprehensive pollution prevention program; and (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. Title V: Health Remedies - Requires the Secretary to establish a grant program to make available to public and nonprofit private entities awards for providing community-wide medical screening and diagnostic services for environmentally related illnesses in EHIAs shown to have adverse health outcomes related to environmental exposures. Title VI: Pollution Reduction - Directs the Administrator, in EHIAs where the Secretary has determined that adverse health outcomes are related to environmental exposures, to take efforts immediately to reduce pollution. Requires the Administrator to make available pollution reduction and prevention grants to States with EHIAs for developing pollution reduction strategies. Authorizes the Administrator to take regulatory steps to reduce pollution if significant steps have not been made to reduce pollution and risk to human health in such areas. Title VII: Promotion of Green Space - Directs the Secretary of the Interior to establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces and to provide guidance for promoting environmentally sound use of land. Title VIII: Funding - Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Psychological Kevlar Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to reduce the number of psychological casualties among military personnel by providing members of the Armed Forces entering combat with the training, supports, and other evidence- based measures necessary to improve their psychological resilience and reduce their susceptibility to post-traumatic stress disorder and other stress-related psychopathologies. SEC. 3. PLANS FOR REDUCING POST TRAUMATIC STRESS DISORDER. (a) Plan for Prevention.-- (1) In general.--The Secretary of Defense shall develop and implement a plan to incorporate evidence-based preventive and early-intervention measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder or other stress-related psychopathologies (including substance use conditions) into-- (A) basic and pre-deployment training for enlisted members of the Armed Forces, noncommissioned officers, and officers; (B) combat theater operations; and (C) post-deployment service. (2) Updates.--The Secretary of Defense shall update the plan under paragraph (1) periodically to incorporate, as the Secretary considers appropriate, the results of relevant research, including research conducted pursuant to section 4. (b) Research.--Subject to section 4, the Secretary of Defense shall conduct and fund, in consultation with the Department of Veterans Affairs, the National Institutes of Health, and the National Academy of Sciences, such research as is necessary to develop the plan described in subsection (a). (c) Outreach and Education.-- (1) Training program for officers.--The Secretary of Defense shall develop and implement a training program to educate and promote understanding and awareness among commissioned officers and non-commissioned officers about the signs and risks of combat stress as well as the signs and risks of stress-related psychopathology (including substance use conditions). Training should include decisions-making tools for making a referral for follow-up care. (2) Training program for medical professionals.--The Secretary of Defense shall develop and implement a training program to educate front-line medical professionals and primary care providers about the signs and risks of combat stress as well as the signs and risks of stress-related psychopathology (including substance use conditions). (3) Education of members of armed forces.--The Secretary of Defense shall educate members of the Armed Forces and their families to recognize signs of combat stress, provide members pre-deployment combat stress management training, and increase outreach and access to members and their families about programs and treatment options (such as individual and family therapy) that mitigate the negative impact of combat stress on the returning member. (4) Information dissemination.--The Secretary of Defense shall work with the Department of Veterans Affairs and the National Institutes of Health to research and implement best practices for information dissemination to enlisted personnel, officers, unit commanders, primary care providers and other medical personnel, and families of members of the Armed Forces. SEC. 4. EVIDENCE-BASED RESEARCH AND TRAINING. (a) Working Group.--The Secretary of Defense shall establish, in coordination with the Department of Veterans Affairs, the National Institutes of Health, and the National Academy of Sciences' Institute of Medicine, a working group tasked with researching and developing evidence-based measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder or other stress-related psychological pathologies (including substance use conditions). The working group shall include personnel with experience in a combat theater, and behavioral health personnel who have experience providing treatment to individuals with experience in a combat theater. (b) Peer-Reviewed Research Program.--The Secretary of Defense shall establish a new Peer-Reviewed Research program within the Defense Health Program's research and development function to research and develop evidence-based preventive and early intervention measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder or other stress- related psychopathologies (including substance use conditions). There is authorized to be appropriated to carry out this subsection $50,000,000 for fiscal year 2007 and such sums as may be necessary thereafter. (c) Report.--The Secretary of Defense shall submit to Congress annually a report on the following: (1) The status of research conducted under this section. (2) The status of the plan required under section 3(a) and the expected timeline for the implementation of the plan. (3) After the plan under section 3(a) has been implemented, the status of the implementation, including measures of the plan's impact on psychological casualty rates. (d) Facilitation.--The Secretary of Defense shall take such steps as practicable to facilitate the ability of investigators funded under this section to work with active-duty military personnel in the course of their research.", "summary": "Psychological Kevlar Act of 2006 - Directs the Secretary of Defense to develop and implement a plan to incorporate preventive and early-intervention measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder (PTSD) or other stress-related psychopathologies, including substance use conditions. Requires the Secretary to: (1) update the plan periodically; (2) develop and implement a training program to educate and promote awareness among commissioned and noncommissioned officers, front-line medical professionals and primary care providers, and military personnel and their families about the signs and risks of combat stress and stress-related psychopathology; (3) establish a working group to research and develop measures that reduce the likelihood of PTSD or other pathologies in combat veterans; and (4) establish a new Peer-Reviewed Research program for such research and development."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Blunt Reservoir and Pierre Canal Land Conveyance Act of 2006''. SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL. (a) Definitions.--In this section: (1) Blunt reservoir feature.--The term ``Blunt Reservoir feature'' means the Blunt Reservoir feature of the Oahe Unit, James Division, authorized by the Act of August 3, 1968 (82 Stat. 624), as part of the Pick-Sloan Missouri River Basin program. (2) Commission.--The term ``Commission'' means the Commission of Schools and Public Lands of the State. (3) Nonpreferential lease parcel.--The term ``nonpreferential lease parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) was considered to be a nonpreferential lease parcel by the Secretary as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (4) Pierre canal feature.--The term ``Pierre Canal feature'' means the Pierre Canal feature of the Oahe Unit, James Division, authorized by the Act of August 3, 1968 (82 Stat. 624), as part of the Pick-Sloan Missouri River Basin program. (5) Preferential leaseholder.--The term ``preferential leaseholder'' means a person or descendant of a person that held a lease on a preferential lease parcel as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (6) Preferential lease parcel.--The term ``preferential lease parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) was considered to be a preferential lease parcel by the Secretary as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (8) State.--The term ``State'' means the State of South Dakota, including a successor in interest of the State. (9) Unleased parcel.--The term ``unleased parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) is not under lease as of the date of enactment of this Act. (b) Deauthorization.--The Blunt Reservoir feature is deauthorized. (c) Acceptance of Land and Obligations.-- (1) In general.--As a term of each conveyance under subsections (d)(5) and (e), respectively, the State may agree to accept-- (A) in ``as is'' condition, the portions of the Blunt Reservoir feature and the Pierre Canal feature that pass into State ownership; (B) any liability accruing after the date of conveyance as a result of the ownership, operation, or maintenance of the features referred to in subparagraph (A), including liability associated with certain outstanding obligations associated with expired easements, or any other right granted in, on, over, or across either feature; and (C) the responsibility that the Commission will act as the agent for the Secretary in administering the purchase option extended to preferential leaseholders under subsection (d). (2) Responsibilities of the state.--An outstanding obligation described in paragraph (1)(B) shall inure to the benefit of, and be binding upon, the State. (3) Oil, gas, mineral and other outstanding rights.--A conveyance to the State under subsection (d)(5) or (e) or a sale to a preferential leaseholder under subsection (d) shall be made subject to-- (A) oil, gas, and other mineral rights reserved of record, as of the date of enactment of this Act, by or in favor of a third party; and (B) any permit, license, lease, right-of-use, or right-of- way of record in, on, over, or across a feature referred to in paragraph (1)(A) that is outstanding as to a third party as of the date of enactment of this Act. (4) Additional conditions of conveyance to state.--A conveyance to the State under subsection (d)(5) or (e) shall be subject to the reservations by the United States and the conditions specified in section 1 of the Act of May 19, 1948 (chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for the transfer of property to State agencies for wildlife conservation purposes. (d) Purchase Option.-- (1) In general.--A preferential leaseholder shall have an option to purchase from the Secretary or the Commission, acting as an agent for the Secretary, the preferential lease parcel that is the subject of the lease. (2) Terms.-- (A) In general.--Except as provided in subparagraph (B), a preferential leaseholder may elect to purchase a parcel on one of the following terms: (i) Cash purchase for the amount that is equal to-- (I) the value of the parcel determined under paragraph (4); minus (II) ten percent of that value. (ii) Installment purchase, with 10 percent of the value of the parcel determined under paragraph (4) to be paid on the date of purchase and the remainder to be paid over not more than 30 years at 3 percent annual interest. (B) Value under $10,000.--If the value of the parcel is under $10,000, the purchase shall be made on a cash basis in accordance with subparagraph (A)(i). (3) Option exercise period.-- (A) In general.--A preferential leaseholder shall have until the date that is 5 years after enactment of this Act to exercise the option under paragraph (1). (B) Continuation of leases.--Until the date specified in subparagraph (A), a preferential leaseholder shall be entitled to continue to lease from the Secretary the parcel leased by the preferential leaseholder under the same terms and conditions as under the lease, as in effect as of the date of enactment of this Act. (4) Valuation.-- (A) In general.--The value of a preferential lease parcel shall be its fair market value for agricultural purposes determined by an independent appraisal less 25 percent, exclusive of the value of private improvements made by the leaseholders while the land was federally owned before the date of the enactment of this Act, in conformance with the Uniform Appraisal Standards for Federal Land Acquisition. (B) Fair market value.--Any dispute over the fair market value of a property under subparagraph (A) shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations. (5) Conveyance to the state.-- (A) In general.--If a preferential leaseholder fails to purchase a parcel within the period specified in paragraph (3)(A), the Secretary shall offer to convey the parcel to the State of South Dakota Department of Game, Fish, and Parks. (B) Wildlife habitat mitigation.--Land conveyed under subparagraph (A) shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. (6) Use of proceeds.--Proceeds of sales of land under this Act shall be deposited as miscellaneous funds in the Treasury and such funds shall be made available, subject to appropriations, to the State for the establishment of a trust fund to pay the county taxes on the lands received by the State Department of Game, Fish, and Parks under the bill. (e) Conveyance of Nonpreferential Lease Parcels and Unleased Parcels.-- (1) Conveyance by secretary to state.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall offer to convey to the South Dakota Department of Game, Fish, and Parks the nonpreferential lease parcels and unleased parcels of the Blunt Reservoir and Pierre Canal. (B) Wildlife habitat mitigation.--Land conveyed under subparagraph (A) shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. (2) Land exchanges for nonpreferential lease parcels and unleased parcels.-- (A) In general.--With the concurrence of the South Dakota Department of Game, Fish, and Parks, the South Dakota Commission of Schools and Public Lands may allow a person to exchange land that the person owns elsewhere in the State for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal, as the case may be. (B) Priority.--The right to exchange nonpreferential lease parcels or unleased parcels shall be granted in the following order or priority: (i) Exchanges with current lessees for nonpreferential lease parcels. (ii) Exchanges with adjoining and adjacent landowners for unleased parcels and nonpreferential lease parcels not exchanged by current lessees. (C) Easement for water conveyance structure.--As a condition of the exchange of land of the Pierre Canal feature under this paragraph, the United States reserves a perpetual easement to the land to allow for the right to design, construct, operate, maintain, repair, and replace a pipeline or other water conveyance structure over, under, across, or through the Pierre Canal feature. (f) Release From Liability.-- (1) In general.--Effective on the date of conveyance of any parcel under this Act, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the parcel, except for damages for acts of negligence committed by the United States or by an employee, agent, or contractor of the United States, before the date of conveyance. (2) No additional liability.--Nothing in this section adds to any liability that the United States may have under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''). (g) Requirements Concerning Conveyance of Lease Parcels.-- (1) Interim requirements.--During the period beginning on the date of enactment of this Act and ending on the date of conveyance of the parcel, the Secretary shall continue to lease each preferential lease parcel or nonpreferential lease parcel to be conveyed under this section under the terms and conditions applicable to the parcel on the date of enactment of this Act. (2) Provision of parcel descriptions.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Commission, shall provide the State a full legal description of all preferential lease parcels and nonpreferential lease parcels that may be conveyed under this section. (h) Curation of Archeological Collections.--The Secretary, in consultation with the State, shall transfer, without cost to the State, all archeological and cultural resource items collected from the Blunt Reservoir feature and Pierre Canal feature to the South Dakota State Historical Society. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $750,000 to reimburse the Secretary for expenses incurred in implementing this Act, and such sums as are necessary to reimburse the Commission and the State Department of Game, Fish, and Parks for expenses incurred implementing this Act, not to exceed 10 percent of the cost of each transaction conducted under this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Blunt Reservoir and Pierre Canal Land Conveyance Act of 2006 - Deauthorizes the Blunt Reservoir feature of the Oahe Irrigation Project authorized as part of the Pick-Sloan Missouri River Basin Program. Allows preferential leaseholders of parcels of the Blunt Reservoir and Pierre Canal an option to purchase such parcels from the Secretary of the Interior (acting through the Commissioner of Reclamation) or the Commission of Schools and Public Lands of South Dakota for five years after this Act's enactment and for the fair market value for agricultural purposes less 25%, exclusive of the value of improvements made while the land was federally owned. Directs the Secretary to offer to convey to the South Dakota Department of Game, Fish, and Parks all preferential lease parcels not purchased by the leaseholder, and the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. Authorizes the Commission, with the Department's concurrence, to allow a person to exchange other land in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal. Requires priority to be granted to: (1) exchanges with current lessees for nonpreferential lease parcels; and (2) exchanges with adjoining and adjacent landowners for unleased parcels and nonpreferential lease parcels not exchanged by current lessees. Conditions the exchange of land of the Pierre Canal Feature on U.S. reservation of a perpetual easement to the land to allow it to design, construct, operate, maintain, repair, and replace a pipeline or other water conveyance structure over, under, across, or through the Pierre Canal feature. Shields the United States from liability for damages arising out of any act, omission, or occurrence relating to parcels conveyed under this Act, except for acts of negligence committed before the date of conveyance. Directs the Secretary: (1) to continue, until the conveyance date, to lease each parcel to be conveyed according to the terms and conditions applicable on the date of enactment of this Act; and (2) to provide South Dakota with a full legal description of all parcels that may be conveyed. Directs the Secretary to transfer all archeological and cultural resource items collected from the Blunt Reservoir Feature and Pierre Canal Feature to the South Dakota State Historical Society. Authorizes appropriations to reimburse the Secretary, the Commission, and the Department for expenses incurred in implementing this Act, not to exceed 10% of the cost of each transaction."}
{"article": "SECTION 1. HAYING AND GRAZING. (a) Wheat.--Subparagraph (C) of section 107B(e)(4) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3a(e)(4)(C)) is amended to read as follows: ``(C) Haying and grazing.-- ``(i) In general.--Haying and grazing of reduced acreage, acreage devoted to a conservation use under subsection (c)(1)(E), and acreage diverted from production under a land diversion program established under this section shall be permitted-- ``(I) except during any consecutive 5-month period that is established by the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State; or ``(II) during the 5-month period referred to in subclause (I) by the Secretary for any producer who elects to pay a fee equal to-- ``(aa) in the case of grazing, the grazing fee in effect as established by the Bureau of Land Management; and ``(bb) in the case of haying, a haying fee established by the Bureau of Land Management that is comparable to the grazing fee. ``(ii) 5-month period.--The State committee for a State shall, in consultation with wildlife agencies of the State, establish the 5-month period referred to in clause (i) during the period beginning April 1, and ending October 31, of a year. ``(iii) Alfalfa.--The Secretary may not exclude irrigated or irrigable acreage not planted to alfalfa when exercising the authority of the Secretary under this subparagraph.''. (b) Feed Grains.--Subparagraph (C) of section 105B(e)(4) of the Agricultural Act of 1949 (7 U.S.C. 1444f(e)(4)(C)) is amended to read as follows: ``(C) Haying and grazing.-- ``(i) In general.--Haying and grazing of reduced acreage, acreage devoted to a conservation use under subsection (c)(1)(E), and acreage diverted from production under a land diversion program established under this section shall be permitted-- ``(I) except during any consecutive 5-month period that is established by the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State; or ``(II) during the 5-month period referred to in subclause (I) by the Secretary for any producer who elects to pay a fee equal to-- ``(aa) in the case of grazing, the grazing fee in effect as established by the Bureau of Land Management; and ``(bb) in the case of haying, a haying fee established by the Bureau of Land Management that is comparable to the grazing fee. ``(ii) 5-month period.--The State committee for a State shall, in consultation with wildlife agencies of the State, establish the 5-month period referred to in clause (i) during the period beginning April 1, and ending October 31, of a year. ``(iii) Alfalfa.--The Secretary may not exclude irrigated or irrigable acreage not planted to alfalfa when exercising the authority of the Secretary under this subparagraph.''.", "summary": "Amends the Agricultural Act of 1949 to modify the authority for haying and grazing on wheat and feed grain reduced acreage, including a provision under which producers can elect to lease such acreage back for specified fees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Emigrant Wilderness Historical Use Preservation Act''. SEC. 2. PURPOSES. The purposes of this Act are to ensure that-- (1) an increasing population within the vicinity of the Emigrant Wilderness of Stanislaus National Forest in the State of California may continue to enjoy the traditional variety of appropriate wilderness uses and practices, including a wilderness equestrian experience of pack and saddle stock use, consistent with protecting untrammeled and unimpaired wilderness character; (2) the Federal land comprising the Emigrant Wilderness retains wilderness character consistent with the time of designation and that changes in use levels and social preferences are not allowed to displace historical and traditional uses, including recreational commercial services provided by pack stock stations, which existed at the time of designation; and (3) future generations of Americans continue to have the opportunity to enjoy the variety of traditional wilderness experiences, including a true wilderness equestrian experience, consistent with what existed when the Emigrant Wilderness was designated. SEC. 3. PRESERVATION OF HISTORICAL EQUESTRIAN ACTIVITIES AND ACCESS TO CERTAIN FEDERAL LAND. (a) Preservation of Historical Equestrian Activities and Level of Use.--The Secretary shall take such actions as may be necessary to ensure that, within the area designated as the Emigrant Wilderness, all pack and saddle stock use, including commercial pack and saddle stock services, are recognized as appropriate wilderness activities, along with their associated effect on soil, water, and vegetation. Conditions of camps, trails, and grazing areas, at the time of designation, should be considered an acceptable benchmark level for monitoring the preservation of wilderness character. No action shall be taken to limit or exclude pack and saddle stock without an appropriate environmental analysis with an express finding that it is necessary to limit or exclude pack and saddle stock, or modify stock practices, in order to preserve the wilderness character of the area to that which existed at the time of the designation of the Emigrant Wilderness. (b) Types of Activities and Impact.--The historical use and activities in the Emigrant Wilderness, including commercial outfitting and guiding, camping, pack stock grazing, and associated campsites, campfires, tent locations, and social trails, are traditional uses that are consistent with and part of an unconfined recreational experience, and the signs of use created by these historical uses are to be considered substantially unnoticeable and acceptable as long as they do not exceed the level present at the time of wilderness designation. The Secretary shall take such actions to ensure that these traditional uses do not result in impacts that are greater than those experienced at the time the Emigrant Wilderness was designated. (c) Emigrant Wilderness Plan.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall complete an updated wilderness plan to incorporate management direction for the preservation of pack and saddle stock use and all legally acceptable recreational uses within the Emigrant Wilderness, including establishing the following: (1) Desired future conditions that recognize normal and expected pack and saddle stock use impacts as an accepted component of the wilderness character of the area. (2) Standards, and guidelines for pack and saddle stock that use ``leave no trace'' or gentle use principles for pack and saddle stock in the future consistent with past historical pack and saddle stock use practices and impacts. (3) Indicators, thresholds, and triggers for managing future pack and saddle stock use commensurate with other uses and that recognize the acceptability of historical use and impacts of pack and saddle stock. (4) A user capacity for pack and saddle stock use, including commercial pack and saddle stock services, commensurate with minimum levels necessary to ensure continued opportunity for a wilderness equestrian experience while preserving the overall wilderness character of the Emigrant Wilderness. Such user capacity shall recognize the number of stock necessary to support the typical extended family group size that frequent the Emigrant Wilderness, including commercial service support, and shall not limit group sizes to fewer than 15 people and 25 head of stock, inclusive of commercial service outfitters and guides. (5) A needs assessment that sets as a baseline the level of commercial services that existed at the time of designation. (d) Commercial Pack and Saddle Stock Services.-- (1) In general.--The Secretary of Agriculture shall-- (A) continue to authorize commercial pack and saddle stock services within the Emigrant Wilderness consistent with commercial use within that area that existed as of the date of the original designation of the Emigrant Wilderness on January 3, 1975; (B) specify the level of use, allotted user days, and activities by commercial outfitters and guides within that area in the Wilderness Plan; and (C) continue to issue authorizations to provide commercial services for commercial stock operations within the Emigrant Wilderness at historic levels consistent with this Act. (2) Levels of use.--Historical levels of commercial use, as established at the time of the designation of the Emigrant Wilderness, are considered within the normal range of acceptability for stock numbers and impacts and are considered the minimum extent necessary for realizing the recreational and other purposes of the area. Pack and saddle stock commercial use may be allowed to increase above current authorized use levels, and at levels consistent with increases in other traditional uses, after a finding in an appropriate environmental analysis that the wilderness character of the area is being protected. Current outfitter and guide special use permits may be reauthorized without environmental analysis to incorporate direction from the wilderness plan developed pursuant to subsection (c). (e) Limitations.--Nothing in subsections (a) through (e) shall be construed to-- (1) authorize the Secretary to issue or refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other provision of law; (2) limit the authority of the Secretary to impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals or issue special permits; or (3) create a preference for one recreational use over another for the Emigrant Wilderness, without consideration of the stated purpose of this area as stated in the Wilderness Act, PL88-577, and specific legislation establishing the Emigrant Wilderness. (f) Definitions.--For the purposes of this Act: (1) Emigrant wilderness.--The term ``Emigrant Wilderness'' means the Emigrant Wilderness of Stanislaus National Forest in the State of California, as originally designated by section 2(b) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note) and expanded by section 101(a)(9) of Public Law 98-425 (98 Stat. 1620; 16 U.S.C. 1132 note). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. Amend the title so as to read: ``A bill to preserve the opportunity for pack and saddle stock that are part of the history and character of traditional uses, practices and access within the Emigrant Wilderness of Stanislaus National Forest in the State of California as appropriate within the wilderness designation, and for other purposes.''.", "summary": "Emigrant Wilderness Historical Use Preservation Act - (Sec. 3) Requires the Secretary of Agriculture (USDA) to ensure that all pack and saddle stock uses within the Emigrant Wilderness of Stanislaus National Forest in California are recognized as appropriate wilderness activities, including the effect on soil, water, and vegetation. Prohibits any action from being taken to limit or exclude pack and saddle stock without an environmental analysis with a finding that the actions are necessary to preserve the wilderness character of the area to that which existed at the time of the designation. States that historical uses and activities, including commercial outfitting and guiding, camping, pack stock grazing; and associated campfires, tent locations, and social trails are traditional uses. Requires signs of use created by these activities to be considered substantially unnoticeable and acceptable as long as they do not exceed the level present at the time of the designation. Requires the USDA to take actions to ensure that these levels are not exceeded. Direct the USDA to complete an updated wilderness plan to preserve pack and saddle stock use and all legally acceptable recreational uses within the area. Specifies requirements for the plan. Requires the USDA to continue to authorize commercial pack and saddle stock services and issue authorizations to provide commercial services for commercial stock operations within the area at historic levels. Requires the USDA to specify levels of use, user days, and activities by commercial outfitters and guides."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Artists' Contribution to American Heritage Act of 1999''. SEC. 2. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE TAXPAYER. (a) In General.--Subsection (e) of section 170 of the Internal Revenue Code of 1986 (relating to certain contributions of ordinary income and capital gain property) is amended by adding at the end the following new paragraph: ``(7) Special rule for certain contributions of literary, musical, or artistic compositions.-- ``(A) In general.--In the case of a qualified artistic charitable contribution-- ``(i) the amount of such contribution shall be the fair market value of the property contributed (determined at the time of such contribution), and ``(ii) no reduction in the amount of such contribution shall be made under paragraph (1). ``(B) Qualified artistic charitable contribution.-- For purposes of this paragraph, the term `qualified artistic charitable contribution' means a charitable contribution of any literary, musical, artistic, or scholarly composition, or similar property, or the copyright thereon (or both), but only if-- ``(i) such property was created by the personal efforts of the taxpayer making such contribution no less than 18 months prior to such contribution, ``(ii) the taxpayer-- ``(I) has received a qualified appraisal of the fair market value of such property in accordance with the regulations under this section, and ``(II) attaches to the taxpayer's income tax return for the taxable year in which such contribution was made a copy of such appraisal, ``(iii) the donee is an organization described in subsection (b)(1)(A), ``(iv) the use of such property by the donee is related to the purpose or function constituting the basis for the donee's exemption under section 501 (or, in the case of a governmental unit, to any purpose or function described under subsection (c)), ``(v) the taxpayer receives from the donee a written statement representing that the donee's use of the property will be in accordance with the provisions of clause (iv), and ``(vi) the written appraisal referred to in clause (ii) includes evidence of the extent (if any) to which property created by the personal efforts of the taxpayer and of the same type as the donated property is or has been-- ``(I) owned, maintained, and displayed by organizations described in subsection (b)(1)(A), and ``(II) sold to or exchanged by persons other than the taxpayer, donee, or any related person (as defined in section 465(b)(3)(C)). ``(C) Maximum dollar limitation; no carryover of increased deduction.--The increase in the deduction under this section by reason of this paragraph for any taxable year-- ``(i) shall not exceed the artistic adjusted gross income of the taxpayer for such taxable year, and ``(ii) shall not be taken into account in determining the amount which may be carried from such taxable year under subsection (d). ``(D) Artistic adjusted gross income.--For purposes of this paragraph, the term `artistic adjusted gross income' means that portion of the adjusted gross income of the taxpayer for the taxable year attributable to-- ``(i) income from the sale or use of property created by the personal efforts of the taxpayer which is of the same type as the donated property, and ``(ii) income from teaching, lecturing, performing, or similar activity with respect to property described in clause (i). ``(E) Paragraph not to apply to certain contributions.--Subparagraph (A) shall not apply to any charitable contribution of any letter, memorandum, or similar property which was written, prepared, or produced by or for an individual while the individual is an officer or employee of any person (including any government agency or instrumentality) unless such letter, memorandum, or similar property is entirely personal. ``(F) Copyright treated as separate property for partial interest rule.--In the case of a qualified artistic charitable contribution, the tangible literary, musical, artistic, or scholarly composition, or similar property and the copyright on such work shall be treated as separate properties for purposes of this paragraph and subsection (f)(3).''. (b) Effective Date.--The amendment made by this section shall apply to contributions made after the date of the enactment of this Act in taxable years ending after such date.", "summary": "Limits such increased deduction to the donor's artistic adjusted income (as defined by this Act).."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Extended Unemployment Compensation Act of 2001''. SEC. 2. FEDERAL-STATE AGREEMENTS. (a) In General.--Any State which desires to do so may enter into and participate in an agreement under this Act with the Secretary of Labor (hereafter in this Act referred to as the ``Secretary''). Any state which is a party to an agreement under this Act may, upon providing 30 days written notice to the Secretary, terminate such agreement. (b) Provisions of Agreement.--Any agreement under subsection (a) shall provide that the State agency of the State will make payments of emergency extended unemployment compensation-- (1) to individuals who-- (A) have exhausted all rights to regular compensation under the State law, (B) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law (and are not paid or entitled to be paid any additional compensation under any State or Federal law). (C) are not receiving compensation with respect to such week under the unemployment compensation law of Canada, and (D) were separated from employment, as defined under the State law, on or after September 11, 2001, (2) for any week of unemployment which begins in the individual's period of eligibility (as defined in section 7(2) of this Act), and (3) when such State meets the definition of qualified State in section 7(3) of this Act and as provided under section 3(c) of this Act. (c) Exhaustion of Benefits.--For purposes of subsection (b)(1)(A) an individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when-- (1) no payment of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period, or (2) such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to such rights existed. (d) Weekly Benefit Amount.--For purposes of any agreement under this Act-- (1) the amount of emergency extended unemployment compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment, (2) the terms and conditions of the State law which apply to claims for extended compensation and to the payment thereof shall apply to claims for emergency extended unemployment compensation and to the payment thereof, except-- (A) that those provisions of State law implementing the requirements of paragraphs (3) through (5) of section 202(a) and subsection (c) of section 202 of the Federal-State Extended Unemployment Compensation Act of 1970 shall not apply, and (B) any provisions of State law otherwise inconsistent with the provisions of this Act, or with the regulations or operating instructions of the Secretary promulgated to carry out this Act shall not apply, and (3) the maximum amount of emergency extended unemployment compensation payable to any individual for whom an account is established under section 3 shall not exceed the amount established in such account for such individual. (e) Election.--Notwithstanding any other provision of Federal law (and if State law permits), the Governor of a State that is in an extended benefit period may provide for the payment of emergency extended unemployment compensation in lieu of extended compensation to individuals who were separated from employment on or after September 11, 2001, and who otherwise meet the requirements of subsection (b)(1). Such an election shall not require a State to trigger off an extended benefit period. SEC. 3. EMERGENCY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT. (a) In General.--Any agreement under this Act shall provide that a qualified State will establish, for each eligible individual who files an application for emergency extended unemployment compensation, an emergency extended unemployment compensation account with respect to such individual's benefit year. (b) Amount in Account.-- (1) In general.--The amount established in an account under subsection (a) shall be equal to the lesser of-- (A) 100 percent of the total amount of regular compensation (including dependent's allowances) payable to the individual with respect to the benefit year (as determined under the State law) on the basis of which the individual most recently received regular compensation, or (B) 13 times the individual's average weekly benefit amount for the benefit year. (2) Reduction for extended benefits.--The amount in an account under subparagraph (1) shall be reduced (but not below zero) by the aggregate amount of extended compensation (if any) received by such individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. (c) Effective Date.--No State shall be considered a qualified State under section 7(3) and no emergency extended unemployment compensation shall be payable to any individual under this Act for any week-- (1) beginning before the latest of-- (A) the first week following the date of enactment of this Act, (B) the first week following the week in which an agreement under this Act is entered into, or (C) the first week following the week in which the State meets the definition of ``qualified state'' in section 7(3) of this Act, and (2) beginning 78 weeks after the first week following the date of enactment of this Act. SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF EMERGENCY EXTENDED UNEMPLOYMENT COMPENSATION. (a) General Rule.--There shall be paid to each State which has entered into an agreement under this Act an amount equal to 100 percent of the emergency extended unemployment compensation paid to individuals by the State pursuant to such agreement. (b) Treatment of Reimbursable Compensation.--No payment shall be made to any State under this section in respect of any compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any Federal law other than this Act or chapter 85 of title 5, United States Code. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this Act in respect of such compensation. (c) Determination of Amount.--Sums payable to any State by reason of such State having an agreement under this Act shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar months were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. SEC. 5. FINANCING PROVISIONS. (a) In General.--Funds in the extended unemployment compensation accounts (as established by section 905 of the Social Security Act) of the Unemployment Trust Fund shall be used for the making of payments to States having agreements entered into under this Act. (b) Certification.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this Act. The Secretary of the Treasury prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as established by section 905 of the Social Security Act) to the account of such State in the Unemployment Trust Fund. (c) Assistance to the States.--There are hereby authorized to be appropriated out of the employment security administration account (as established by section 901 of the Social Security Act), without fiscal year limitation, such funds as may be necessary for purposes of assisting States (as provided in title III of the Social Security Act) in meeting the costs of administration of agreements under this Act. (d) Authorization of Appropriations for Certain Payments.--There are hereby authorized to be appropriated from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account (as established by section 905 of the Social Security Act) such sums as may be necessary for to make payments under this section in respect of-- (1) compensation payable under chapter 85 of title 5, United States Code, and (2) compensation payable on the basis of services to which section 3309(a)(1) of the Internal Revenue Code of 1986 applies. Amounts appropriated pursuant to the preceding sentences shall not be required to be repaid. SEC. 6. FRAUD AND OVERPAYMENTS. (a) In General.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of emergency extended unemployment compensation under this Act to which he was not entitled, such individual shall be ineligible for further emergency extended unemployment compensation under this Act in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation. (b) Repayment.--In the case of individuals who have received amounts of emergency extended employment compensation under this Act to which they were not entitled, the State shall require such individuals to repay the amounts of such emergency extended unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that-- (1) the payment of such emergency extended unemployment benefits was without fault on the part of any such individual, and (2) such repayment would be contrary to equity and good conscience. (c) Recovery by State Agency.-- (1) In general.--The State agency may recover the amount to be repaid, or any part thereof, by deductions from any emergency extended unemployment compensation payable to such individual under this Act or from any unemployment compensation payable to such individual under any Federal unemployment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment during the three year period after the date such individuals received the payment of emergency extended unemployment benefits to which they were not entitled. (2) Opportunity for Hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. (d) Review.--Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determination under the State unemployment compensation law, and only in that manner and to that extent. SEC. 7. DEFINITIONS. (a) In General.--The terms ``compensation'', ``regular compensation'', ``extended compensation'', ``additional compensation'', ``benefit year'', ``base period'', ``State'', ``State agency'', ``State law'', and ``week'' have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. (b) Period of Eligibility.--An individual's period of eligibility consists of any week for which the State against which the individual files a claim is a qualified state as provided in section 3(c) of this Act and paragraph (c) of this section. (c) Qualified State.-- (1) The term ``qualified state'' means a State-- (A) within which, not later than October 1, 2001, a major disaster or an emergency was declared by the President, pursuant to sections 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191), due to a terrorist attack on the United States on September 11, 2001, or (B) in which the Secretary determines that the average rate of total unemployment (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published is at least 30 percent higher than the average rate of total unemployment (seasonally adjusted) in such State for the three month period ending August 31, 2001. (2)(A) Except as provided in clause (B), a State shall cease to be a qualified State under subparagraph (1)(B) beginning the third week after the week in which the Secretary determines that such State's average rate of total unemployment (seasonally adjusted) is no longer at least 30 percent higher than the average rate of total unemployment (seasonally adjusted) in such State for the three month period ending August 31, 2001. (B) A State that is determined to meet the requirements of subparagraph (1)(B) shall remain a qualified State for the purposes of this Act for a period of not less than thirteen consecutive weeks following such determination, provided that no emergency extended unemployment benefits shall be payable after the date specified in section 3(c)(2). (3) Any rate determined by the Secretary under this paragraph shall be rounded to the nearest one-tenth of 1 percent. SEC. 8. NATIONAL EMERGENCY GRANT ASSISTANCE FOR WORKERS. (a) Eligibility for Grants.--Section 173(a) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)) is amended-- (1) in paragraph (2), by striking ``and'', (2) in paragraph (3) by striking the period and inserting ``; and'', and (3) by adding the following new paragraph after paragraph (3): ``(4) from funds appropriated under section 174(c), to a State to provide employment and training assistance and the assistance described in subsection (f) to dislocated workers affected by a plant closure, mass layoff, or multiple layoffs if the Governor certifies in the application for assistance that the attacks of September 11, 2001, contributed importantly to such plant closures, mass layoffs, and multiple layoffs.''. (b) Use of Funds for COBRA Continuation Coverage Payments.--Section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) is amended by adding the following subsection after subsection (e): ``(f) COBRA Continuation Coverage Payment Requirements.-- ``(1) In general.--Funds made available to a State under paragraph (4) of subsection (a) may be used by the State to assist a participant in the program under such paragraph by paying up to 75 percent of the participant's and any dependents' contribution for COBRA continuation coverage of the participant and dependents for a period not to exceed 10 months. ``(2) Definition.--For purposes of paragraph (1), the term `COBRA continuation coverage' means coverage under a group health plan provided by an employer pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or section 8905a of title 5, United States Code.''. (c) Authorization of Appropriations.--Section 174 of the Workforce Investment Act of 1998 (29 U.S.C. 2919) is amended by adding the following subsection after subsection (b): ``(c) National Emergency Grants Relating to September 11 Attacks.-- There are authorized to be appropriated to carry out subsection (a)(4) of section 173 $3,000,000,000 for fiscal year 2002. Funds appropriated under this subsection shall be available for obligation for a period beginning with the date of enactment of such appropriations and ending 18 months thereafter.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this section.", "summary": "Emergency Extended Unemployment Compensation Act of 2001 - Provides for a program of emergency extended unemployment compensation (EEUC).Sets forth EEUC program requirements for Federal-State agreements, formulae for determining amounts in individual EEUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (including both regular and extended compensation). Reduces an individual EEUC account by the aggregate amount of any extended compensation for the same benefit year.Makes EEUC agreements applicable to weeks of unemployment: (1) beginning on or after the first day of the first week after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after enactment of this Act.Amends the Workforce Investment Act of 1998 to authorize appropriations to expand the National Emergency Grant program, for an 18-month period, to include grants to States to provide certain employment and training assistance and temporary health care coverage premium assistance for workers affected by major economic dislocations, such as plant closures, mass layoffs, or multiple layoffs, caused by the terrorist attacks of September 11, 2001."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Research, Development, and Demonstration Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Superfund Innovative Treatment and Evaluation (SITE) program carried out under the authority of section 311(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 has helped private sector developers to market innovative Superfund clean-up treatment technologies for more than 10 years. (2) Technologies demonstrated and evaluated through the SITE program have been successfully deployed at many Superfund and Resource Conservation and Recovery Act sites, resulting in significant cost savings and faster remediation of those sites. (3) The Environmental Protection Agency's Science Advisory Board has found that SITE program accomplishments have been ``impressive'' and that ``the need for improved technology to prevent, reduce, or remediate environmental contamination remains a national priority''. (4) The University Hazardous Substance Research Centers authorized under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 have played an important role in conducting basic research, developing innovative clean-up technologies, and providing invaluable technical assistance to communities. (5) The SITE program and related hazardous substance research program should be reauthorized with an emphasis on meeting the emerging technical and scientific challenges presented by the use of remediated sites (including brownfields), developing technologies to address remediation at remaining sites with complex contamination characteristics, and transferring technology and technical capabilities to a wider variety of remediation needs. SEC. 3. AMENDMENTS. (a) Section 111(n) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(n)) is amended-- (1) in paragraph (1) by striking ``1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994'' and inserting ``2000, 2001, 2002, 2003, and 2004''; (2) by amending paragraph (2) to read as follows: ``(2) Section 311(a).--For each of the fiscal years 2000, 2001, 2002, 2003, and 2004, not more than $35,000,000 of the amounts available in the Fund may be used for the purposes of section 311(a). Not more than 10 percent of such amounts may be used for training under section 311(a) in any fiscal year.''; and (3) in paragraph (3) by striking ``1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994'' and inserting ``2000, 2001, 2002, 2003, and 2004''. (b) Section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) is amended by striking paragraph (6). (c) Section 311(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(b) is amended-- (1) in paragraph (4) by striking ``Each such project'' and inserting ``The Administrator may enter into agreements with persons, public entities (including the Department of Defense, the Department of Energy, and other Federal agencies), and nonprofit private entities, to arrange for the use of other sites appropriate for carrying out hazardous substances research, testing, evaluation, development, and demonstration projects. Each project under this paragraph''; (2) in paragraph (5)(B) by inserting ``or other appropriate sites'' after ``section 104''; (3) in paragraph (5)(E) by striking ``10 sites at which a response may be undertaken under section 104'' and insert in lieu thereof ``suitable sites''; (4) by striking paragraph (6); and (5) in paragraph (8)-- (A) by inserting after the first sentence the following: ``As part of such technology transfer program, the Administrator shall strive to enter into agreements with the Department of Defense, the Department of Energy, and other Federal agencies to ensure the effective transfer to those agencies and their contractors of technologies potentially applicable to remediation or containment of hazardous substances at sites owned or operated by such agencies.''; and (B) by striking ``for such information'' and inserting ``for information collected under this paragraph''. (d) Section 311(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)) is amended-- (1) by striking the last sentence of paragraph (1); (2) by amending paragraph (2) to read as follows: ``(2) Responsibilities of centers.--The responsibilities of each hazardous substance research center established under this subsection shall include, but not be limited to, the conduct of research and training, and the provision of technical assistance and technology transfer to local, State, and regional entities, relating to the manufacture, use, transportation, disposal, treatment, effects, detection, characterization, and management of hazardous substances, and publication and dissemination of information related thereto.''; (3) in paragraph (7) by inserting ``or the acquisition, expansion, remodeling, or alteration of an existing building (including site grading and improvement and architect fees)'' after ``any building''; and (4) by adding at the end the following new paragraph: ``(11) Funding levels.--Subject to the availability of appropriations, the Administrator shall maintain funding for each hazardous substance research center established under this subsection at a level not less than that funded in fiscal year 1999 until such time as the Administrator completes the next competitive selection process for the centers.''.", "summary": "Authorizes the Administrator of the Environmental Protection Agency to enter into agreements to arrange for the use of other sites appropriate for carrying out hazardous substances research, testing, evaluation, development, and demonstration projects."}
{"article": "SECTION 1. DEFINITION. In this Act, the term ``agency'' means-- (1) an Executive agency (as defined in section 105 of title 5, United States Code); (2) an office, agency, or other establishment in the legislative branch which is not a part of another office, agency, or other establishment in the legislative branch; and (3) an office, agency, or other establishment in the judicial branch which is not a part of another office, agency, or other establishment in the judicial branch. SEC. 2. 2013 SEQUESTER CANCELLATION. Notwithstanding any other provision of law, the sequestration of budgetary resources for fiscal year 2013 ordered on March 1, 2013, pursuant to section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is cancelled. SEC. 3. FLEXIBLE SEQUESTER IMPLEMENTED BY AGENCY HEADS. (a) In General.--Notwithstanding any other provision of law, the budget sequester for an account in the security and non-security categories required by section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 for fiscal year 2013 shall be implemented within each account as determined by the head of the agency with spending authority over such account. (b) Appropriations Oversight.-- (1) In general.--The head of an agency may not exercise the authority provided in subsection (a) unless the head has submitted a notice of implementation describing the proposed exercise of authority to the Committees on Appropriations of both Houses not later than 15 days before exercising such authority and each such committee approves the implementation as provided in paragraph (2). (2) Appropriations approval.--After the committees receive an executive branch proposal for administering the sequester under paragraph (1) and not later than 5 days after such receipt, each committee, using standard procedures for reprogramming, shall accept or reject the proposal. If a proposal is accepted by both committees, the proposal may be implemented. If either committee rejects a proposal and notwithstanding section 2, sequestration within the relevant agency will be administered through across the board cuts consistent with section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 4. DEPARTMENT OF DEFENSE FLEXIBILITY IN MANAGEMENT OF MULTIYEAR CONTRACTS. (a) In General.--In implementing under section 251(a)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a)(1)) the discretionary spending reductions required by section 251A(7) of the Balanced Budget and Emergency Deficit Control Act of 1985, the Secretary of Defense may, in consultation with the Director of the Office of Management and Budget, take appropriate actions in the management of current multiyear contracts of the Department of Defense to minimize the effects of such reductions in the carrying out of such contracts. (b) Authority for Commencement of Certain Programs, Projects, and Activities of the Department of Defense.--Notwithstanding section 102 of the Continuing Appropriations Resolution, 2013 (Public Law 112-175), appropriations or funds made available or authority granted pursuant to section 101 of that Resolution for the Department of Defense may be used for the programs, projects, and activities specified in H.R. 5856, Department of Defense Appropriations Act, 2013, as reported with an amendment in the Senate on August 2, 2012 in the 112th Congress or the funding tables in division D of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239), including the following: (1) The new production of items not funded for production in fiscal year 2012 or prior fiscal years. (2) The increase in production rates above those sustained with fiscal year 2012 funds. (3) The initiation, resumption, or continuation of any project, activity, operation, or organization for which appropriations, funds, or other authority were not available during fiscal year 2012. (c) Clarification of Availability of Multiyear Procurement Authority for the Department of Defense.--Notwithstanding section 102 of the Continuing Appropriations Resolution, 2013 (Public Law 112-175), subsection (l)(3) of section 2306b of title 10, United States Code, or any other provision of law, the Secretary of Defense and the Secretaries of the military departments may enter into contracts for multiyear procurements that are authorized by the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239). (d) Availability of Certain Shipbuilding and Conversion Funds.--Of the amounts provided by section 101 of the Continuing Appropriations Resolution, 2013 (Public Law 112-175) for ``Shipbuilding and Conversion, Navy'', $372,573,000 shall be available to fund prior year shipbuilding cost increases. The funds so available shall be transferred to, and merged with, the following appropriations accounts in the amounts specified: (1) ``Shipbuilding and Conversion, Navy, 2009/2013'' for the CVN Refueling Overhauls Program, $135,000,000. (2) ``Shipbuilding and Conversion, Navy, 2007/2013'' for the LHA Replacement Program, $156,685,000. (3) ``Shipbuilding and Conversion, Navy, 2008/2013'' for the LPD-17 Amphibious Transport Dock Program, $80,888,000.", "summary": "Cancels the sequestration of budgetary resources for FY2013 ordered on March 1, 2013, pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Balanced Budget Act). Requires the budget sequester for an account in the security and non-security categories under the Balanced Budget Act for FY2013 to be implemented within each account as determined by the head of the agency with spending authority over such account. Requires: (1) the agency head to notify the Appropriations Committees of a proposed exercise of authority for implementing a sequester, and (2) the Appropriations Committees to approve any agency proposal. Authorizes the Secretary of Defense (DOD) to: (1) take appropriate actions in the management of current DOD multiyear contracts to minimize the effects of a sequester in carrying out such contracts; and (2) begin new programs, projects, and activities and enter into new contracts for multiyear procurements that are authorized by the National Defense Authorization Act for FY2013. Allocates funding for prior year shipbuilding cost increases for the Navy."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Trucking Industry Regulatory Reform Act of 1994''. SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 3. PURPOSE. The purpose of this Act is to enhance competition, safety, and efficiency in the motor carrier industry and to enhance efficiency in government. SEC. 4. TRANSPORTATION POLICY. Section 10101(a)(2) (relating to transportation policy) is amended-- (1) by redesignating subparagraphs (A) through (I) as subparagraphs (C) through (K), respectively, and (2) by inserting before subparagraph (C) (as so redesignated) the following: ``(A) encourage fair competition, and reasonable rates for transportation by motor carriers of property; (B) promote Federal regulatory efficiency in the motor carrier transportation system and to require fair and expeditious regulatory decisions when regulation is required;''. SEC. 5. EXEMPTIONS. (a) In General.--Section 10505 (relating to authority to exempt rail carrier transportation) is amended-- (1) by inserting ``, or a motor carrier providing transportation of property other than household goods,'' after ``rail carrier providing transportation'' in subsection (a), (2) by inserting ``section 10101 or'' before ``section 10101a'' in subsection (a)(1) and subsection (d), and (3) by inserting ``, or a motor carrier providing transportation of property other than household goods,'' after ``rail carrier'' in subsection (f). (b) Clerical Amendments.-- (1) The caption of section 10505 is amended by inserting ``and motor carrier'' after ``rail carrier''. (2) The chapter analysis for chapter 105 is amended by inserting ``and motor carrier'' after ``rail carrier'' in the item relating to section 10505. SEC. 6. TARIFF FILING. (a) Authority to Establish Rates.--Section 10702(b) (relating to authority for carriers to establish rates, classifications, rules, and practices) is amended by inserting ``, except a motor contract carrier of property other than household goods,'' after ``A contract carrier''. (b) Prohibition of Transportation Without Tariff.--Section 10761(a) (relating to transportation prohibited without tariff) is amended-- (1) by inserting ``(except a motor common carrier providing transportation of property other than household goods)'' after ``chapter 105 of this title'', and (2) by striking out ``That carrier'' in the second sentence and inserting ``A carrier subject to this subsection''. (c) General Tariff Requirement.--Section 10762(a)(1) (relating to general tariff requirement) is amended-- (1) by inserting ``(except a motor common carrier providing transportation of property other than household goods)'' after ``A motor common carrier'' in the second sentence, (2) by inserting ``(except a motor common carrier providing transportation of property other than household goods) after ``carriers'' in the third sentence, and (3) by striking the last sentence and inserting the following: ``A motor contract carrier of property is not required to publish or file actual or minimum rates under this subtitle.''. (d) Proposed Rate Changes.--Section 10762(c)(2) (relating to rate changes) is amended by inserting ``(except a motor common carrier of property)'' after ``contract carrier''. (e) Effect on Negotiated Rates Act.--Section 10762 (relating to general tariff requirements) is amended by adding at the end thereof the following new subsection: ``(g) Nothing in this section shall affect the application of the provisions of the Negotiated Rates Act of 1993 (or the amendments made by that Act) to undercharge claims for transportation provided prior to the date of enactment of the `Trucking Industry Regulatory Reform Act of 1994'.''. SEC. 7. MOTOR COMMON CARRIER LICENSING. (a) In General.--Section 10922 (relating to certification of motor and water carriers) is amended-- (1) by redesignating subsections (b) through (l) as (c) through (m), respectively, and by inserting after subsection (a) the following new subsection: ``(b)(1) Except as provided in this section, the Commission shall issue a certificate to a person authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of property if the Commission finds that the person is able to comply with-- ``(A) this subtitle, the regulations of the Commission, and any safety requirements imposed by the Commission, ``(B) the safety fitness requirements established by the Secretary of Transportation in consultation with the Commission pursuant to section 215 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2512), and ``(C) the minimum financial responsibility requirements established by the Commission pursuant to section 10927 of this title. ``(2) In making a finding under paragraph (1), the Commission shall consider and, to the extent applicable, make findings on, any evidence demonstrating that the applicant is unable to comply with the requirements of subparagraph (A), (B), or (C) of that paragraph. ``(3) The Commission, pursuant to section 215 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2512), shall find any applicant for authority to operate as a motor carrier under this section to be unfit if the applicant does not meet the safety fitness requirements under paragraph (1)(B) of this subsection and shall deny the application. ``(4) A person may protest an application under this subsection to provide transportation only on the ground that the applicant fails or will fail to comply with this subtitle, the regulations of the Commission, the safety requirements of the Commission, or the safety fitness or minimum financial responsibility requirements of paragraph (1) of this subsection.''. (b) Public Convenience and Necessity.--Section 10922(c) (relating to public convenience and necessity) as redesignated by subsection (a), is amended-- (1) by striking ``carrier of property'' in paragraph (1) and inserting ``carrier of household goods'', (2) by striking paragraphs (4) and (6) and redesignating paragraphs (5), (7), (8), and (9) as (4), (5), (6), and (7), respectively, (3) by striking ``carrier holding authority under paragraph (4)(D) of this subsection'' in paragraph (4) (as redesignated) and inserting ``motor carrier providing transportation of shipments weighing 100 pounds or less transported in a motor vehicle in which no one package exceeds 100 pounds'', (4) by inserting ``of household goods'' after ``No motor common carrier'' in paragraph (5) (as redesignated), (5) by inserting ``of household goods'' after ``No motor common carrier'' in paragraph (6) (as redesignated), and (6) by striking ``Notwithstanding the provisions of paragraph (4) of this subsection, the provisions'' in paragraph (7) (as redesignated) and inserting ``The provisions''. (c) Certificate Specifications.--Section 10922(f)(1) (relating to specifications for certificate), as redesignated by subsection (a) of this section, is amended by inserting ``of household goods or passengers'' after ``motor common carrier''. (d) Public Convenience and Necessity.--Section 10922(h)(1) (relating to public convenience and necessity), as redesignated by subsection (a) of this section, is amended by inserting ``of household goods or passengers'' after ``motor common carrier''. SEC. 8. MOTOR CONTRACT CARRIER LICENSING. (a) Authority to Issue Permits.--Section 10923(a) (relating to authority to issue permits) is amended by inserting ``of household goods or passengers'' after ``motor common carrier''. (b) Household Goods Permits.--Section 10923 (relating to permits of motor and water contract carriers and household goods freight forwarders) is amended by redesignating subsections (b) through (e) as (c) through (f), respectively, and by inserting after subsection (a) the following new subsection: ``(b)(1) Except as provided in this section and section 10930 of this title, the Commission shall issue a permit to a person authorizing the person to provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor contract carrier of property other than household goods if the Commission finds that the person is able to comply with-- ``(A) this subtitle, the regulations of the Commission, and any safety requirements imposed by the Commission, ``(B) the safety fitness requirements established by the Secretary of Transportation in consultation with the Commission pursuant to section 215 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2512), and ``(C) the minimum financial responsibility requirements established by the Commission pursuant to section 10927 of this title. ``(2) In deciding whether to approve the application of a person for a permit as a motor contract carrier of property other than household goods the Commission shall consider any evidence demonstrating that the applicant is unable to comply with this subtitle, the regulations of the Commission, safety requirements of the Commission, or the safety fitness and minimum financial responsibility requirements of subsection (b)(1). ``(3) The Commission, pursuant to section 215 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2512), shall find any applicant for authority to operate as a motor carrier of property other than household goods under this subsection to be unfit if the applicant does not meet the safety fitness requirements of paragraph (1)(B) of this subsection and shall deny the application. ``(4) A person may protest an application under this subsection to provide transportation only on the ground that the applicant fails or will fail to comply with this subtitle, the regulations of the Commission, safety requirements of the Commission, or the safety fitness or minimum financial responsibility requirements of paragraph (1).''. (c) Application Filing Requirements.--Section 10923(c) (relating to application filing requirements), as redesignated by subsection (b) of this section, is amended-- (1) by striking ``motor contract carrier of property'' in paragraphs (3) and (4) and inserting ``motor contract carrier of household goods'', (2) by striking paragraph (5) and redesignating paragraphs (6) and (7) as (5) and (6), respectively, and (3) by striking ``motor carriers of property'' in paragraph (5) (as redesignated) and inserting ``motor carriers of household goods''. (d) Conditions of Transportation or Service.--Section 10923(e) (relating to conditions of transportation or service), as redesignated by subsection (b) of this section, is amended-- (1) by inserting ``of passengers or household goods'' after ``contract carrier'' in paragraph (1), and (2) by striking ``each person or class of persons (and, in the case of a motor contract carrier of passengers, the number of persons)'' in paragraph (2) and inserting ``in the case of a motor contract carrier of passengers, the number of persons,''. SEC. 9. REVOCATION OF MOTOR CARRIER AUTHORITY. Section 10925(d)(1) (relating to effective periods of certificates, permits, and licenses) is amended-- (1) by striking ``if a motor carrier or broker'' in subparagraph (A) and inserting ``if a motor carrier of passengers, motor common carrier of household goods, or broker'', (2) by striking ``and'' at the end of subparagraph (A), (3) by redesignating subparagraph (B) as (D) and inserting after subparagraph (A) the following new subparagraphs: ``(B) if a motor contract carrier of property, for failure to comply with section 10701, 10924(e), or 10927 (b) or (d) of this subtitle; ``(C) if a motor contract carrier of property other than household goods, for failure to comply with section 10701, 10702, 10924(e), or 10927 (b) or (d) of this subtitle; and''. SEC. 10. STUDY OF MERGER OF FEDERAL MARITIME COMMISSION AND INTERSTATE COMMERCE COMMISSION. The Secretary of Transportation shall study the feasibility of a merger of the operations and responsibilities of the Federal Maritime Commission and the Interstate Commerce Commission with respect to the cost savings that might be achieved by such a merger, the efficient allocation of resources, the elimination of unnecessary functions, and responsibility for regulatory functions. The Secretary shall report his findings to the Congress within 6 months after the date of enactment of this Act. SEC. 11. STUDY OF ADDITIONAL REFORMS. The Interstate Commerce Commission, in consultation with the Secretary of Transportation, shall prepare and submit to the Congress with six months after the date of enactment of this Act a report identifying and analyzing all regulatory responsibilities of the Commission. The Commission shall make recommendations to the Congress on the basis of the study concerning specific statutory functions of the Commission that could be changed to enhance competition, safety, and efficiency in the motor carrier industry and to enhance efficiency in government.", "summary": "Trucking Industry Regulatory Reform Act of 1994 - Amends the Interstate Commerce Act to include as objectives of U.S. transportation policy in regulating transportation by motor carrier, the promotion of competitive and efficient transportation services in order to: (1) encourage fair competition and reasonable rates for transportation by motor carriers of property; (2) promote Federal regulatory efficiency in the motor carrier transportation system; and (3) require fair and expeditious regulatory decisions when regulation is required. (Sec. 5) Requires the Interstate Commerce Commission (ICC) to exempt motor carriers of non-household goods from its jurisdiction in specified circumstances, including when such transportation is part of a continuous intermodal movement. (Sec. 6) Exempts a motor contract carrier of non-household goods from requirements that contract carriers establish, and file with the ICC, actual and minimum rates and related rules and practices. Exempts motor common carriers of non-household goods from requirements that carriers: (1) provide transportation or service only if the rate is contained in a tariff; and (2) publish and file with the ICC tariffs containing such rates. (Sec. 7) Requires the ICC to issue a certificate authorizing a person to provide transportation as a motor common carrier of property if it finds such person able to comply with such Act, ICC regulations, and specified safety, safety fitness, and minimum financial responsibility requirements. (Sec. 8) Specifies requirements which, if met, compel the ICC to issue a permit authorizing a person to provide transportation as a motor contract carrier of household goods, passengers, or non-household goods. (Sec. 9) Authorizes the ICC to suspend a certificate or permit of a motor carrier of passengers, motor common carrier of household goods, a motor contract carrier of property, or a motor contract carrier of non-household goods if specified requirements are not met. (Sec. 10) Directs the Secretary to study and report to the Congress on the feasibility of a merger of the operations and responsibilities of the Federal Maritime Commission and the ICC with respect to cost savings that may be achieved, the efficient allocation of resources, elimination of unnecessary functions, and responsibility for regulatory functions. (Sec. 11) Directs the ICC to report to the Congress an analysis of all ICC regulatory responsibilities, with recommendations about specific statutory functions of the ICC that could be changed to enhance competition, safety, and efficiency in the motor carrier industry and efficiency in government."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``African Free Trade Initiative Act''. SEC. 2. FREE TRADE AGREEMENTS WITH SUB-SAHARAN AFRICAN COUNTRIES. (a) Plan Requirements and Reporting.--Section 116 of the African Growth and Opportunity Act (19 U.S.C. 3723) is amended by striking subsections (b) and (c) and inserting the following: ``(b) Plan Requirement.-- ``(1) In general.--The President shall develop a plan for the purpose of negotiating and entering into one or more free trade agreements with all sub-Saharan African countries. The plan shall identify the 15 countries or groups of countries that are most ready for a free trade agreement with the United States. ``(2) Elements of plan.--The plan required by paragraph (1) shall include, for each sub-Saharan African country, the following: ``(A) The steps such sub-Saharan African country needs to be equipped and ready to enter into a free trade agreement with the United States, including the development of a bilateral investment treaty. ``(B) Milestones for accomplishing each step identified in subparagraph (A) for each sub-Saharan African country, with the goal of establishing a free trade agreement with each sub-Saharan African country not later than 10 years after the date of the enactment of the African Free Trade Initiative Act. ``(C) A description of the resources required to assist each sub-Saharan African country in accomplishing each milestone described in subparagraph (B). ``(D) The extent to which steps described in subparagraph (A), the milestones described in subparagraph (B), and resources described in subparagraph (C) may be accomplished through regional or subregional organizations in sub-Saharan Africa, including the East African Community, the Economic Community of West African States, the Common Market for Eastern and Southern Africa, and the Economic Community of Central African States. ``(E) Procedures to ensure the following: ``(i) Adequate consultation with Congress and the private sector during the negotiations. ``(ii) Consultation with Congress regarding all matters relating to implementation of the agreement or agreements. ``(iii) Approval by Congress of the agreement or agreements. ``(iv) Adequate consultations with the relevant African governments and African regional and subregional intergovernmental organizations during the negotiation of the agreement or agreements. ``(c) Reporting Requirement.--Not later than 12 months after the date of the enactment of the African Free Trade Initiative Act, the President shall prepare and transmit to Congress a report containing the plan developed pursuant to subsection (b).''. (b) Millennium Challenge Compacts.--After the date of the enactment of this Act, the United States Trade Representative and Administrator of the United States Agency for International Development shall consult and coordinate with the Chief Executive Officer of the Millennium Challenge Corporation regarding countries that have entered into a Millennium Challenge Compact pursuant to section 609 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708) that have been declared eligible to enter into such a Compact for the purpose of developing and carrying out the plan required by subsection (b) of section 116 of the African Growth and Opportunity Act (19 U.S.C. 3723), as amended by subsection (a). SEC. 3. COORDINATION OF USAID WITH FREE TRADE AGREEMENT POLICY. (a) Authorization of Funds.--Funds made available after the date of enactment of this Act to the United States Agency for International Development under section 496 of the Foreign Assistance Act of 1961 (22 U.S.C. 2293) may be used in consultation with the United States Trade Representative-- (1) to carry out subsection (b) of section 116 of the African Growth and Opportunity Act (19 U.S.C. 3723), as amended by section 2(a), including for the deployment of resources in individual eligible countries to assist such country in the development of institutional capacities to carry out such subsection (b); and (2) to coordinate the efforts of the United States to establish free trade agreements in accordance with the policy set out in subsection (a) of such section 116. (b) Definitions.--In this section: (1) Eligible country.--The term ``eligible country'' means a sub-Saharan African country that receives-- (A) benefits under the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.); and (B) funding from the United States Agency for International Development. (2) Sub-saharan african country.--The term ``sub-Saharan African country'' has the meaning given that term in section 107 of the African Growth and Opportunity Act (19 U.S.C. 3706).", "summary": "African Free Trade Initiative Act This bill amends the African Growth and Opportunity Act to revise certain plan and reporting requirements relating to the President's negotiating and entering into free trade agreements with interested beneficiary sub-Saharan African countries. The President shall develop a plan for negotiating and entering into one or more free trade agreements with 15 of the sub-Saharan African countries that are most ready for a free trade agreement with the United States. The United States Trade Representative and the U.S. Agency for International Development (USAID) shall coordinate with the Millennium Challenge Corporation regarding countries with shared development objectives that have entered into a Millennium Challenge Compact in order to develop and carry out such plans. USAID long-term development assistance funds for sub-Saharan Africa may be used to: carry out plans, including deployment of resources in individual eligible sub-Saharan African countries to assist them in the development of institutional capacities to carry out those plans; and coordinate U.S. efforts to establish free trade agreements in order to increase trade between the United States and sub-Saharan African countries, as well as investment in those countries."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Diamond-Blackfan Anemia Research and Care Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Diamond-Blackfan anemia is a rare genetic bone marrow failure disorder, which develops in infancy and results in severe anemia due to failure to make red blood cells. (2) Diamond-Blackfan anemia patients have an increased risk of leukemia, solid tumors, and complete bone marrow failure. (3) Fifty percent of patients with Diamond-Blackfan anemia are born with birth defects, including abnormalities to the face, head, upper arm and hand, genitourinary, and heart, and 21 percent of the affected patients have more than 1 defect. (4) Treatments for Diamond-Blackfan anemia, including the use of blood transfusions and steroids such as prednisone, have potential long-term side effects, including osteoporosis, iron overload (because of the transfusions), and impaired growth (because of the steroids). (5) The only cure for Diamond-Blackfan anemia is a bone marrow transplant, a procedure that carries serious risks and, since most patients lack an acceptable donor, is an option for only about 25 percent of patients. (6) Because Diamond-Blackfan anemia is a genetic disorder of red cell production and a cancer predisposition syndrome with a high rate of congenital anomalies, the Federal investment regarding Diamond-Blackfan anemia must be expanded to allow the careful dissection of this disease, which will provide valuable insights into the biology of blood disorders and cancer predisposition and serve as an important model for understanding the genetics of birth defects. SEC. 3. DIAMOND-BLACKFAN ANEMIA. (a) DBA-Related Activities of NIH.--Part A of title IV of the Public Health Service Act is amended by inserting after section 404G (42 U.S.C. 283i) the following: ``diamond-blackfan anemia ``Sec. 404H. (a) In General.--The Director of NIH, in coordination with the Directors of the National Heart, Lung, and Blood Institute, the National Institute of Diabetes and Digestive and Kidney Diseases, and the Office of Rare Diseases, shall expand and intensify research and related activities of the National Institutes of Health with regard to Diamond-Blackfan anemia. ``(b) Comprehensive Research Initiative.-- ``(1) In general.--In carrying out this section, the Director of NIH shall make grants to, or enter into contracts with, public or private entities to support a comprehensive research initiative to study, develop better treatments for, and ultimately find a cure for Diamond-Blackfan anemia. ``(2) Research.--The initiative supported under this subsection may include research on the following: ``(A) The links of Diamond-Blackfan anemia to chronic diseases. ``(B) Red cell differentiation. ``(C) The pathophysiology of Diamond-Blackfan anemia. ``(D) The relationship between Diamond-Blackfan anemia and predisposition to cancer. ``(E) Congenital anomalies in Diamond-Blackfan anemia patients.''. (b) DBA-Related Activities of CDC.--Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended-- (1) by moving section 317R so that it follows section 317Q; and (2) by inserting after section 317R the following: ``SEC. 317S. REGISTRY AND CLINICAL CARE CENTER FOR DIAMOND-BLACKFAN ANEMIA. ``(a) Registry.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall maintain and expand the Diamond-Blackfan Anemia Registry (in this section referred to as the `Registry'). ``(b) Comprehensive Clinical Care Center.-- ``(1) Establishment.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a comprehensive clinical care center for Diamond-Blackfan anemia where a majority of the patients with the disease are examined, treated, and tracked through the Registry, by experts in the disease. ``(2) Duties.--The center established under this section shall-- ``(A) gather and analyze extensive data on Diamond- Blackfan anemia to be used for public, non-profit, and government research initiatives involving gene discovery, ribosomal protein function, genetics of birth defects, blood cell formation (recovery from cancer chemotherapy), cancer predisposition, red cell differentiation, and a comparison of therapeutic treatments including blood transfusion, steroids, and bone marrow transplants; ``(B) provide thorough examinations of Diamond- Blackfan anemia patients by experts in the disease to confirm diagnosis and provide genetic typing along with a multi-system evaluation; and ``(C) provide clinical care for Diamond-Blackfan anemia.''.", "summary": "Diamond-Blackfan Anemia Research and Care Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health, in coordination with other specified officials, to expand and intensify research and related activities of the Institute with regard to Diamond-Blackfan Anemia. States that the Director shall as part of such effort award grants to, or enter into contracts with, public or private entities to support a comprehensive research initiative.Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to: (1) maintain and expand the Diamond-Blackfan Anemia Registry; and (2) establish a comprehensive clinical care center for Diamond-Blackfan Anemia."}
{"article": "SECTION 1. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS CONVICTED OF COMMITTING CAPITAL OFFENSES MAY BE INTERRED IN NATIONAL CEMETERIES. (a) Prohibition of Interment in National Cemetery.--Section 2411 of title 38, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``for which the person was sentenced to death or life imprisonment''; and (B) in paragraph (2), by striking ``for which the person was sentenced to death or life imprisonment without parole''; and (2) in subsection (d)-- (A) in paragraph (1), by striking ``the death penalty or life imprisonment'' and inserting ``a life sentence or the death penalty''; and (B) in paragraph (2), by striking ``the death penalty or life imprisonment without parole may be imposed'' and inserting ``a life sentence or the death penalty may be imposed''. (b) Rulemaking.--The Secretary of Veterans Affairs shall prescribe regulations to ensure that a person is not interred in any cemetery in the National Cemetery System unless a good faith effort has been made to determine whether such person is described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment under Federal law. SEC. 2. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS COMMITTING CAPITAL OFFENSES ARE DENIED INTERMENT IN MILITARY CEMETERIES AND FUNERAL HONORS. (a) Prohibition of Interment in Military Cemetery.--Section 985 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``who has been convicted '' and all that follows through ``without parole'' and inserting ``described in section 2411(b) of title 38''; (2) in subsection (b), by striking ``convicted of a capital offense under Federal law'' and inserting ``described in section 2411(b) of title 38''; and (3) by striking subsection (c) and inserting the following: ``(c) Definition.--In this section, the term `burial' includes inurnment.''. (b) Denial of Funeral Honors.--Section 1491(h) of title 10, United States Code, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): ``(h) Exception for Veterans Convicted of Committing Capital Crimes.--In accordance with section 985(a) of this title, the Secretary of Defense shall not ensure that funeral honors are provided under this section for a person described in section 2411(b) of title 38.''. (c) Rulemaking.--The Secretary of Defense shall prescribe regulations to ensure that a person is not interred in a cemetery referred to in paragraph (1), (2), or (3) of section 985(b) of title 10, United States Code, or provided funeral honors under section 1491 of such title unless a good faith effort has been made to determine whether such person is a person described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment or honors under Federal law. SEC. 3. REMOVAL OF REMAINS OF RUSSELL WAYNE WAGNER FROM ARLINGTON NATIONAL CEMETERY. (a) Findings.--Congress finds the following: (1) Arlington National Cemetery is a national shrine that memorializes the honorable service of members of the Armed Forces who have defended the freedoms that all Americans enjoy. (2) The inclusion among the honored dead interred at Arlington National Cemetery of persons who have committed particularly notorious, heinous acts brings dishonor to those honored dead and disrespect to their loved ones. (3) The removal from Arlington National Cemetery of the remains of a person who has committed a heinous act would not be an act of punishment against that person, but rather an act that would preserve the sacredness of the cemetery grounds. (b) Removal of Remains.-- (1) Removal.--The Secretary of the Army shall remove the remains of Russell Wayne Wagner from Arlington National Cemetery. (2) Notification of next-of-kin.--On or before the date on which the remains of Russell Wayne Wagner are removed, the Secretary of the Army shall notify the next-of-kin of record for Russell Wayne Wagner of the removal of his remains (3) Reinternment.--Upon the removal of the remains of Russell Wayne Wagner, the Secretary of the Army shall arrange for the internment or inurnment of those remains in a public or private cemetery or, if requested, relinquish the remains to the next-of-kin of record.", "summary": "Prohibits the interment or memorialization in a national or military cemetery of, or the performance of military funeral honors for, any person convicted of a federal or state capital crime for which a life sentence or the death penalty may be imposed. (Currently, such prohibition extends only to those so convicted who have been sentenced to death or life imprisonment without parole.) Directs the Secretaries of Veterans Affairs and Defense to prescribe regulations to ensure that a person is not interred in a national or military cemetery or provided funeral honors unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors. Directs the Secretary of the Army to remove the remains of Russell Wayne Wagner from Arlington National Cemetery."}
{"article": "SECTION 1. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE. (a) Amendment.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``canadian transboundary movement of municipal solid waste ``Sec. 4011. (a) Prohibition.--No person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste, or any regulations issued to implement and enforce such agreement. ``(b) Administrator's Authority.--The Administrator shall perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the agreement described in subsection (a). Beginning immediately upon the enactment of this section, the Administrator shall implement and enforce the notice and consent provisions of such agreement, as well as the other provisions thereof. In considering whether to consent to the importation of municipal solid waste under article 3(c) of such agreement, the Administrator shall-- ``(1) give substantial weight to the views of the State or States into which the municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location where the waste is to be disposed; and ``(2) consider the impact of the importation on-- ``(A) continued public support for and adherence to State and local recycling programs; ``(B) landfill capacity as provided in comprehensive waste management plans; ``(C) air emissions from increased vehicular traffic; ``(D) road deterioration from increased vehicular traffic; and ``(E) public health and the environment. ``(c) Compliance Orders.--(1) Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this section, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. ``(2) Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. ``(d) Public Hearing.--Any order issued under this section shall become final unless, not later than 30 days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. ``(e) Violation of Compliance Orders.--If a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order.''. (b) Table of Contents Amendment.--The table of contents of such subtitle D is amended by adding at the end the following new item: ``Sec. 4011. Canadian transboundary movement of municipal solid waste.''. SEC. 2. INTERSTATE AND INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is further amended by adding at the end the following new section: ``SEC. 4012. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. ``(a) Authority.--A State may enact a law or laws imposing limitations (including a prohibition) on the receipt and disposal of foreign municipal solid waste. ``(b) Effect on Interstate and Foreign Commerce.--No State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. ``(c) Definitions.--For purposes of this section: ``(1) Foreign municipal solid waste.--The term `foreign municipal solid waste' means municipal solid waste generated outside of the United States. ``(2) Municipal solid waste.-- ``(A) Waste included.--Except as provided in subparagraph (B), the term `municipal solid waste' means-- ``(i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and ``(ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials-- ``(I) are essentially the same as materials described in clause (i); and ``(II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. ``(B) Waste not included.--The term `municipal solid waste' does not include any of the following: ``(i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. ``(ii) Any solid waste, including contaminated soil and debris, resulting from-- ``(I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); ``(II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or ``(III) a corrective action taken under this Act. ``(iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. ``(iv) Scrap rubber to be used as a fuel source. ``(v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. ``(vi) Any solid waste that is-- ``(I) generated by an industrial facility; and ``(II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. ``(vii) Any medical waste that is segregated from or not mixed with solid waste. ``(viii) Sewage sludge and residuals from any sewage treatment plant. ``(ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households.''. (b) Table of Contents Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is further amended by adding at the end the following new item: ``Sec. 4012. International transportation and disposal of municipal solid waste.''.", "summary": "Amends the Solid Waste Disposal Act to prohibit any person from importing, transporting, or exporting municipal solid waste for final disposal or for incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste or any regulation implementing such agreement. Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) perform the functions of the Designated Authority of the United States with respect to such importation and exportation under the agreement; and (2) implement and enforce the notice and consent provisions of the agreement as well as its other provisions. Sets forth factors to consider in determining whether to consent to the importation of municipal solid waste. Requires that the views of States be given substantial weight. Authorizes the Administrator to issue orders assessing civil penalties, requiring compliance, or both, or to commence civil actions in U.S. district court to address violations of this Act. Limits civil penalties assessed pursuant to an administrative order to $25,000 per day of noncompliance. Authorizes persons subject to administrative orders to request a public hearing. Authorizes States to enact laws imposing limitations (including prohibitions) on the receipt and disposal of foreign municipal solid waste. States that no such action shall be considered to impose an undue burden on interstate or foreign commerce."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Fairness for Seniors Act''. SEC. 2. MEDICARE PART B PREMIUM FOR 2010. Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(5) The monthly premium under this subsection for 2010 shall be the monthly premium under this subsection for 2009.''; and (2) in subsection (i)(3)(A), by adding after and below clause (ii) the following: ``In applying clause (ii) for 2010, the monthly actuarial rate described in such clause shall be such monthly actuarial rate for 2009.''. SEC. 3. EXTENSION OF CERTAIN ECONOMIC RECOVERY PAYMENTS. (a) In General.--Section 2201 of the American Recovery and Reinvestment Tax Act of 2009 is amended-- (1) by inserting ``in each of calendar years 2009 and 2010'' after ``the Secretary of the Treasury shall disburse'' in subsection (a)(1)(A); (2) by inserting ``(for purposes of payments made for calendar year 2009), or the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of the Economic Fairness for Seniors Act (for purposes of payments made for calendar year 2010)'' after ``the month that includes the date of the enactment of this Act'' in subsection (a)(1)(A); (3) by inserting ``(for purposes of payments made under this paragraph for calendar year 2009), or the 3 month period ending with the month which ends prior to the month that includes the date of the enactment of the Economic Fairness for Seniors Act (for purposes of payments made under this paragraph for calendar year 2010)'' after ``the month that includes the date of the enactment of this Act'' in subsection (a)(1)(B)(iii); (4) by inserting ``for any calendar year'' after ``1 payment under this section'' in subsection (a)(3); (5) by inserting ``An individual who is entitled to, or eligible for, a benefit or cash payment described in paragraph (1) in both of the 3-month periods described in paragraph (1)(A) shall be paid a payment under this section in each of calendar years 2009 and 2010.'' at the end of paragraph (3) of subsection (a); (6) by inserting ``in same year'' after ``No double payments'' in the heading of paragraph (3) of subsection (a); (7) by inserting ``applicable'' before ``3-month period'' in subsection (a)(4)(A); (8) by inserting ``applicable'' before ``3 month period'' in subsection (a)(4)(B); (9) by inserting ``for purposes of payments made for calendar year 2009, or after December 31, 2011, for purposes of payments made for calendar year 2010,'' after ``December 31, 2010,'' in subsection (a)(5)(B); (10) by striking ``2011'' in subsection (e) and inserting ``2012''; (11) by striking ``$90,000,000'' in subsection (e)(2)(B) and inserting ``$135,000,000''; (12) by striking ``$1,400,000'' in subsection (e)(3)(B) and inserting ``$2,100,000''; (13) by striking ``$100,000'' in subsection (e)(4)(A)(ii) and inserting ``$150,000''; and (14) by striking ``$7,100,000'' in subsection (e)(4)(A)(ii) and inserting ``$10,650,000''. (b) Extension of Special Credit for Certain Government Retirees.-- In the case of an eligible individual (as defined in section 2202(b) of the American Recovery and Reinvestment Tax Act of 2009, applied by substituting ``2010'' for ``2009''), with respect to the first taxable year of such individual beginning in 2010, section 2202 of the American Recovery and Reinvestment Tax Act of 2009 shall be applied by substituting ``2010'' for ``2009'' each place it appears. SEC. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) Study.--The Bureau of Labor Statistics of the Department of Labor shall study whether a consumer price index for elderly consumers (CPI-E) more accurately reflects the true costs of inflation for elderly Americans than the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) and if the elderly are being financially disadvantaged by the use of the CPI-W in the determination of current benefit levels and, if so, shall prepare such a CPI-E. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Bureau of Labor Statistics of the Department of Labor shall report to Congress the results of the study required under subsection (a) and, if appropriate, the creation of a consumer price index for elderly consumers that more accurately reflects the true cost of inflation for the elderly. SEC. 5. OFFSET THROUGH REDUCTION IN TARP FUNDS. Paragraph (3) of section 115(a) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5225) is amended by striking ``$1,259,000,000'' and inserting ``$39,259,000,000''.", "summary": "Economic Fairness for Seniors Act - Amends title XVIII (Medicare) of the Social Security Act (SSA) to keep the same Medicare part B premium for 2010 that was in effect for 2009. Amends the American Recovery and Reinvestment Tax Act of 2009 (ARRA) to require an additional economic recovery payment (of $250) in calendar 2010 to certain beneficiaries of SSA title II (Old-Age, Survivors, and Disability Insurance) (OASDI), railroad retirement, or veterans benefits. Makes appropriations to fund such payments. Directs the Bureau of Labor Statistics (BLS) of the Department of Labor to study and report to Congress on: (1) whether a consumer price index for elderly consumers (CPI-E) more accurately reflects the true costs of inflation for elderly Americans than the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W); and (2) if the elderly are being financially disadvantged by the use of the CPI-W in the determination of current benefit levels. Requires the BLS to prepare such a CPI-E if elderly Americans are disadvantaged by the CPI-W. Amends the Emergency Economic Stabilization Act of 2008 (EESA) to offset the expenses of this Act through a reduction in Troubled Asset Relief Program (TARP) Funds."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Combatting Proliferation of Weapons of Mass Destruction Act of 1996''. TITLE I--ASSESSMENT OF PROGRAMS AND POLICIES FOR COMBATTING PROLIFERATION SEC. 101. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Commission on Programs and Policies for Combatting the Proliferation of Weapons of Mass Destruction (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of 12 members of whom-- (1) 6 shall be appointed by the President; (2) 3 shall be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate; and (3) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (f) Chairman and Vice Chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. (g) Meetings.--The Commission shall meet at the call of the Chairman. SEC. 102. DUTIES OF COMMISSION. (a) Study.-- (1) In general.--The Commission shall carry out a thorough study of the organization, policies, and programs of the U.S. Government related to combatting the proliferation of weapons of mass destruction. (2) Specific requirements.--In carrying out the study, the Commission shall-- (A) assess the effectiveness of the policies and programs of all departments and agencies of the Federal Government including the intelligence community in meeting the national security interests of the United States with respect to the proliferation of such weapons; and (B) assess the current structure and organization of all Federal agencies of the intelligence community and the intelligence-gathering services of foreign governments in addressing issues relating to the proliferation of such weapons. (b) Recommendations.--In conducting the study, the Commission shall develop recommendations on means of improving the effectiveness of the organization, policies, programs of the intelligence community, and the programs and policies of the other departments and agencies of the Federal Government, in meeting the national security interests of the United States with respect to the proliferation of weapons of mass destruction. (c) Report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress a report containing a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. SEC. 103. POWERS OF COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this title. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this title. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 104. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including traveltime) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 105. TERMINATION OF COMMISSION. The Commission shall terminate 60 days after the date on which the Commission submits its report under section 102(c). SEC. 106. DEFINITION. For purposes of this title, the term ``intelligence community'' shall have the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). SEC. 107. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated for the Commission for fiscal year 1996 such sums as may be necessary for the Commission to carry out its duties under this title. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until the termination of the Commission under section 105. TITLE II--OTHER MATTERS SEC. 201. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS OF MASS DESTRUCTION AND ADVANCED CONVENTIONAL MUNITIONS. (a) Reports.--Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Director of Central Intelligence shall submit to Congress a report on-- (1) the acquisition by foreign countries during the preceding 6 months of dual-use and other technology useful for the development or production of weapons of mass destruction (including nuclear weapons, chemical weapons, and biological weapons) and advanced conventional munitions; and (2) trends in the acquisition of such technology by such countries. (b) Form of Reports.--The reports submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "summary": "TABLE OF CONTENTS: Title I: Assessment of Programs and Policies for Combatting Proliferation Title II: Other Matters Combatting Proliferation of Weapons of Mass Destruction Act of 1996 - Title I: Assessment of Programs and Policies for Combatting Proliferation - Establishes the Commission on Programs and Policies for Combatting the Proliferation of Weapons of Mass Destruction to study and report recommendations to the Congress for improving U.S. organizations, policies, and programs relating to combatting the proliferation of weapons of mass destruction. Authorizes appropriations. Title II: Other Matters - Requires the Director of Central Intelligence to report to the Congress every six months on: (1) the acquisition by foreign countries of technology relating to weapons of mass destruction and advanced conventional munitions; and (2) trends in such acquisition by such countries."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clarence Gideon Full Access to Justice Act'' or the ``Gideon Act''. SEC. 2. DEFENDER OFFICE FOR SUPREME COURT ADVOCACY. (a) In General.--Chapter 201 of title 18, United States Code, is amended by inserting after section 3006A the following: ``Sec. 3006B. Defender Office for Supreme Court Advocacy ``(a) Definitions.--In this section-- ``(1) the term `Board' means the Board of Directors established under subsection (d) for the Office; ``(2) the term `consult' includes, with respect to covered cases-- ``(A) giving advice; ``(B) drafting or editing briefs; ``(C) providing assistance with moot courts; and ``(D) organizing or coordinating the drafting, editing, and filing of amicus curiae briefs; ``(3) the term `covered case' means a noncapital case involving an issue of Federal criminal statutory or constitutional law; ``(4) the term `Director' means the Director of the Office selected in accordance with subsection (e); and ``(5) the term `Office' means the Defender Office for Supreme Court Advocacy established under subsection (b). ``(b) Establishment; Purposes.--There is established in the District of Columbia a private nonmembership nonprofit corporation, which shall be known as the Defender Office for Supreme Court Advocacy, for the purpose of-- ``(1) advocating on behalf of individuals in covered cases before-- ``(A) the Supreme Court of the United States; and ``(B) when resources permit, the highest court of a State; and ``(2) providing assistance to attorneys advocating on behalf of individuals in covered cases described in paragraph (1). ``(c) Principal Office.--The Office shall maintain its principal office in the District of Columbia. ``(d) Board of Directors.-- ``(1) In general.--The Office shall have a Board of Directors consisting of 18 voting members-- ``(A) 6 of whom shall be Federal Public Defenders or Executive Directors of Community Defender Organizations described in section 3006A, elected by the Federal Public Defenders and the Executive Directors of Community Defender Organizations in each district; ``(B) 6 of whom shall be attorneys from a panel described in section 3006A(b), elected by the panel attorney district representatives; and ``(C) 6 of whom shall be State or local public defenders from geographically diverse States, who shall be elected by the individuals elected under subparagraphs (A) and (B) not later than 6 months after the date of the first meeting of the Board. ``(2) Staggered terms.-- ``(A) In general.--A member of the Board shall serve a term of 4 years, except that the first members elected to the Board under subparagraph (A) or (B) of paragraph (1) shall be divided into Class A and Class B. ``(B) Classes.--Class A and Class B shall each consist of-- ``(i) 3 members elected under paragraph (1)(A); and ``(ii) 3 members elected under paragraph (1)(B). ``(C) Terms.-- ``(i) Initial terms.--For the initial members of the Board-- ``(I) members of Class A shall serve a term of 2 years; ``(II) members of Class B shall serve a term of 4 years; and ``(III) members elected under paragraph (1)(C) shall serve a term of 4 years. ``(ii) Subsequent terms.--All subsequent terms shall be for a term of 4 years. ``(D) Membership of each class.--The membership of each class shall be determined by the members of the Board at the first meeting of the Board of Directors. ``(E) Vacancies.--Interim elections may be held to fill any vacancies. ``(3) Bylaws.--The Board shall establish bylaws to govern the operations of the Office. ``(e) Director.-- ``(1) In general.--The Board of Directors shall appoint a Director for the Office. ``(2) Requirement.--The Director appointed under paragraph (1) shall not be a member of the Board of Directors. ``(f) General Requirements for Director.--The Director shall be learned and experienced in the law applicable to Federal criminal appellate practice. ``(g) Functions of the Office.-- ``(1) Grants of petitions for writs of certiorari in the supreme court of the united states.-- ``(A) In general.--On the granting of a petition for a writ of certiorari by the Supreme Court of the United States in a covered case, the Office shall-- ``(i) consult with any counsel in a covered case in which the defendant was previously represented by counsel appointed under section 3006A; and ``(ii) when resources permit, be available to consult with counsel in any other covered case. ``(B) Arguing case.--In any covered case, an attorney described in clause (i) or (ii) of subparagraph (A) may-- ``(i) advocate on behalf of an individual before the Supreme Court of the United States; or ``(ii) permit the Office to advocate on behalf of an individual before the Supreme Court of the United States. ``(2) Filing of amicus curiae briefs.--The Office may file an amicus curiae brief-- ``(A) in any covered case in the Supreme Court of the United States; and ``(B) when resources permit, in a covered case in the highest courts of States. ``(3) Call for the views of the office; leave to participate in oral argument.--In any covered case-- ``(A) upon request by the Supreme Court of the United States-- ``(i) the Office may provide the views of the Office on the covered case; and ``(ii) an employee of the Office may participate in oral argument as amicus curiae; and ``(B) upon request by the highest court of a State, and when resources permit-- ``(i) the Office may provide the views of the Office on the covered case; and ``(ii) an employee of the Office may participate in oral argument as amicus curiae. ``(4) Monitoring court decisions and filing petitions for certiorari.--The Office may-- ``(A) monitor issues in covered cases-- ``(i) on which the courts of appeals of the United States are divided; or ``(ii) that involve significant Federal criminal statutory or constitutional issues; and ``(B) draft, edit, and file a petition for certiorari in the Supreme Court of the United States on behalf of an individual seeking review by the Supreme Court of the United States of a covered case. ``(5) Training.--The Office may provide training to carry out the purpose and functions of the Office. ``(6) Other functions.--In addition to the functions described in paragraphs (1) through (5), the Director may allocate any funds made available to the Office for any other function that the Director determines is necessary to carry out the purposes of the Office, including, when resources permit, advocacy in a covered case before the highest court of a State. ``(h) Employees.--The Director, subject to general policies established by the Office, has the authority to appoint and remove such employees of the Office as the Director determines necessary to carry out the purposes of the Office.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 201 of title 18, United States Code, is amended by inserting after the item relating to section 3006A the following: ``3006B. Defender Office for Supreme Court Advocacy.''.", "summary": "Clarence Gideon Full Access to Justice Act or the Gideon Act This bill amends the federal criminal code by establishing the Defender Office for Supreme Court Advocacy as a private, nonmembership, nonprofit corporation. It must advocate on behalf of individuals in noncapital cases involving an issue of federal criminal statutory law or constitutional law before: (1) the Supreme Court of the United States, and (2) the highest courts in the states when resources permit. The office may also provide assistance to attorneys advocating on behalf of those individuals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids First Research Act of 2013''. SEC. 2. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS. (a) Termination of Designation of Income Tax Payments.--Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Termination.--This section shall not apply to taxable years ending on or after the date of the enactment of this subsection.''. (b) Termination of Fund and Account.-- (1) Termination of presidential election campaign fund.-- (A) In general.--Chapter 95 of such Code is amended by adding at the end the following new section: ``SEC. 9014. TERMINATION. ``The provisions of this chapter shall not apply with respect to any presidential election (or any presidential nominating convention) after the date of the enactment of this section, or to any candidate in such an election.''. (B) Conversion of fund to 10-year pediatric research initiative fund.--Section 9006 of such Code is amended by adding at the end the following new subsection: ``(d) Conversion to 10-Year Pediatric Research Initiative Fund.-- ``(1) Conversion.--Effective on the date of the enactment of the Kids First Research Act of 2013-- ``(A) the special fund established under this section shall be known and designated as the `10-Year Pediatric Research Initiative Fund'; and ``(B) all amounts in the fund as of such date shall be available only for the purpose provided in section 402A(a)(2) of the Public Health Service Act, and only to the extent and in such amounts as are provided in advance in appropriation Acts. ``(2) Termination.--Any amounts in the fund that remain unobligated on October 1, 2024, shall be deposited into the general fund of the Treasury.''. (2) Termination of account.--Chapter 96 of such Code is amended by adding at the end the following new section: ``SEC. 9043. TERMINATION. ``The provisions of this chapter shall not apply to any candidate with respect to any presidential election after the date of the enactment of this section.''. (c) Clerical Amendments.-- (1) The table of sections for chapter 95 of such Code is amended by adding at the end the following new item: ``Sec. 9014. Termination.''. (2) The table of sections for chapter 96 of such Code is amended by adding at the end the following new item: ``Sec. 9043. Termination.''. SEC. 3. 10-YEAR PEDIATRIC RESEARCH INITIATIVE. (a) Allocation of NIH Funds in Common Fund for Pediatric Research.--Paragraph (7) of section 402(b) of the Public Health Service Act (42 U.S.C. 282(b)) is amended to read as follows: ``(7)(A) shall, through the Division of Program Coordination, Planning, and Strategic Initiatives-- ``(i) identify research that represents important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between 2 or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning; ``(ii) include information on such research in reports under section 403; and ``(iii) in the case of such research supported with funds referred to in subparagraph (B)-- ``(I) require as appropriate that proposals include milestones and goals for the research; ``(II) require that the proposals include timeframes for funding of the research; and ``(III) ensure appropriate consideration of proposals for which the principal investigator is an individual who has not previously served as the principal investigator of research conducted or supported by the National Institutes of Health; ``(B)(i) may, with respect to funds reserved under section 402A(c)(1) for the Common Fund, allocate such funds to the national research institutes and national centers for conducting and supporting research that is identified under subparagraph (A); and ``(ii) shall, with respect to funds appropriated to the Common Fund under section 402A(a)(2), allocate such funds to the national research institutes and national centers for making grants for pediatric research that is identified under subparagraph (A); and ``(C) may assign additional functions to the Division in support of responsibilities identified in subparagraph (A), as determined appropriate by the Director;''. (b) Funding for 10-Year Pediatric Research Initiative.--Section 402A of the Public Health Service Act (42 U.S.C. 282a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and moving the indentation of each such subparagraph 2 ems to the right; (B) by striking ``For purposes of carrying out this title'' and inserting the following: ``(1) This title.--For purposes of carrying out this title''; and (C) by adding at the end the following: ``(2) Funding for 10-year pediatric research initiative through common fund.--For carrying out section 402(b)(7)(B)(ii), there is authorized to be appropriated, out of funds in the 10-Year Pediatric Research Initiative Fund established by section 9006 of the Internal Revenue Code of 1986, and in addition to amounts otherwise made available under paragraph (1) of this subsection and reserved under subsection (c)(1)(B)(i) of this section, $13,000,000 for each of fiscal years 2014 through 2023.''; and (2) in subsections (c)(1)(B), (c)(1)(D), and (d), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''. (c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds appropriated under section 402A(a)(2) of the Public Health Service Act, as added by subsection (b)-- (1) shall be used to supplement, not supplant, the funds otherwise allocated by the National Institutes of Health for pediatric research; and (2) notwithstanding any transfer authority in any appropriation Act, shall not be used for any purpose other than making grants as described in section 402(b)(7)(B)(ii) of the Public Health Service Act, as added by subsection (a). SEC. 4. PROHIBITION AGAINST NIH RESEARCH ON HEALTH ECONOMICS. Section 402A of the Public Health Service Act (42 U.S.C. 282a) is amended by adding at the end the following: ``(f) Health Economics Research.-- ``(1) Ongoing research.--Before continuing any health economics research grant, project, or activity that is ongoing as of the date of the enactment of this subsection, the Director of NIH shall submit to the Congress a report that outlines the justification for such ongoing grant, project, or activity, including the reason for giving priority to such ongoing grant, project, or activity over research on pediatric diseases and disorders, such as autism, cancer, and other pediatric genetic disorders without cures. ``(2) New research.--The Director of NIH may not initiate any health economics research grant, project, or activity until-- ``(A) the Director has submitted the report described in paragraph (1); and ``(B) a Federal law has been enacted authorizing the National Institutes of Health to use funding specifically for health economics research.''.", "summary": "Kids First Research Act of 2013 - Amends the Internal Revenue Code to terminate: (1) the taxpayer election to designate $3 of income tax liability for financing of presidential election campaigns, (2) the Presidential Election Campaign Fund, and (3) the Presidential Primary Matching Payment Account. Redesignates the Presidential Election Campaign Fund as the 10-Year Pediatric Research Initiative Fund. Makes amounts in the Fund available only for allocation to national research institutes and national centers through the Common Fund for making grants for pediatric research under this Act. Requires deposit into the Treasury general fund of any amounts in the Pediatric Research Initiative Fund that remain unobligated on October 1, 2024. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), through the Division of Program Coordination, Planning, and Strategic Initiatives, to allocate funds appropriated under this Act to the national research institutes and national centers for making grants for pediatric research representing important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between two or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning. Authorizes $13 million out of the 10-Year Pediatric Research Initiative Fund for each of FY2014-FY2023 for pediatric research through the Common Fund. Requires such funds to supplement, not supplant, funds otherwise allocated by NIH for pediatric research. Prohibits the use of such amounts for any purpose other than making grants for pediatric research described in this Act. Requires the Director of NIH, before continuing any health economics research grant, project, or activity, to report to Congress on the justification for such research, including the reason for giving it priority over research on pediatric diseases and disorders. Prohibits the Director from initiating any health economics research grant, project, or activity until the Director has submitted the report outlining the justification and a federal law has been enacted authorizing NIH to use funding specifically for health economics research."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Reliable Officers, Technology, Education, Community Prosecutors, and Training In Our Neighborhoods Act of 1999'' or ``PROTECTION Act''. SEC. 2. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, EDUCATION, COMMUNITY PROSECUTORS, AND TRAINING IN OUR NEIGHBORHOOD INITIATIVE. (a) COPS Program.--Section 1701(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended by-- (1) inserting ``and prosecutor'' after ``increase police''; and (2) inserting ``to enhance law enforcement access to new technologies, and'' after ``presence,''. (b) Hiring and Redeployment Grant Projects.--Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B)-- (i) by inserting after ``Nation'' the following: ``, or pay overtime to existing career law enforcement officers to the extent that such overtime is devoted to community policing efforts''; and (ii) by striking ``and'' at the end; (B) in subparagraph (C), by-- (i) striking ``or pay overtime''; and (ii) striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) promote higher education among in-service State and local law enforcement officers by reimbursing them for the costs associated with seeking a college or graduate school education.''; and (2) in paragraph (2) by striking all that follows Support Systems.--'' and inserting ``Grants pursuant to-- ``(A) paragraph (1)(B) for overtime may not exceed 25 percent of the funds available for grants pursuant to this subsection for any fiscal year; ``(B) paragraph (1)(C) may not exceed 20 percent of the funds available for grants pursuant to this subsection in any fiscal year; and ``(C) paragraph (1)(D) may not exceed 5 percent of the funds available for grants pursuant to this subsection for any fiscal year.''. (c) Additional Grant Projects.--Section 1701(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended-- (1) in paragraph (2)-- (A) by inserting ``integrity and ethics'' after ``specialized''; and (B) by inserting ``and'' after ``enforcement officers''; (2) in paragraph (7) by inserting ``school officials, religiously-affiliated organizations,'' after ``enforcement officers''; (3) by striking paragraph (8) and inserting the following: ``(8) establish school-based partnerships between local law enforcement agencies and local school systems, by using school resource officers who operate in and around elementary and secondary schools to serve as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies, combat school-related crime and disorder problems, gang membership and criminal activity, firearms and explosives- related incidents, illegal use and possession of alcohol, and the illegal possession, use, and distribution of drugs;''; (4) in paragraph (10) by striking ``and'' at the end; (5) in paragraph (11) by striking the period that appears at the end and inserting ``; and''; and (6) by adding at the end the following: ``(12) develop and implement innovative programs (such as the TRIAD program) that bring together a community's sheriff, chief of police, and elderly residents to address the public safety concerns of older citizens.''. (d) Technical Assistance.--Section 1701(f) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(f)) is amended-- (1) in paragraph (1)-- (A) by inserting ``use up to 5 percent of the funds appropriated under subsection (a) to'' after ``The Attorney General may''; (B) by inserting at the end the following: ``In addition, the Attorney General may use up to 5 percent of the funds appropriated under subsections (d), (e), and (f) for technical assistance and training to States, units of local government, Indian tribal governments, and to other public and private entities for those respective purposes.''; (2) in paragraph (2) by inserting ``under subsection (a)'' after ``the Attorney General''; and (3) in paragraph (3)-- (A) by striking ``the Attorney General may'' and inserting ``the Attorney General shall''; (B) by inserting ``regional community policing institutes'' after ``operation of''; and (C) by inserting ``representatives of police labor and management organizations, community residents,'' after ``supervisors,''. (e) Technology and Prosecution Programs.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by-- (1) striking subsection (k); (2) redesignating subsections (f) through (j) as subsections (g) through (k); and (3) striking subsection (e) and inserting the following: ``(e) Law Enforcement Technology Program.--Grants made under subsection (a) may be used to assist police departments, in employing professional, scientific, and technological advancements that will help them-- ``(1) improve police communications through the use of wireless communications, computers, software, videocams, databases and other hardware and software that allow law enforcement agencies to communicate more effectively across jurisdictional boundaries and effectuate interoperability; ``(2) develop and improve access to crime solving technologies, including DNA analysis, photo enhancement, voice recognition, and other forensic capabilities; and ``(3) promote comprehensive crime analysis by utilizing new techniques and technologies, such as crime mapping, that allow law enforcement agencies to use real-time crime and arrest data and other related information--including non-criminal justice data--to improve their ability to analyze, predict, and respond pro-actively to local crime and disorder problems, as well as to engage in regional crime analysis. ``(f) Community-Based Prosecution Program.--Grants made under subsection (a) may be used to assist State, local or tribal prosecutors' offices in the implementation of community-based prosecution programs that build on local community policing efforts. Funds made available under this subsection may be used to-- ``(1) hire additional prosecutors who will be assigned to community prosecution programs, including programs that assign prosecutors to handle cases from specific geographic areas, to address specific violent crime and other local crime problems (including intensive illegal gang, gun and drug enforcement projects and quality of life initiatives), and to address localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others; ``(2) redeploy existing prosecutors to community prosecution programs as described in paragraph (1) of this section by hiring victim and witness coordinators, paralegals, community outreach, and other such personnel; and ``(3) establish programs to assist local prosecutors' offices in the implementation of programs that help them identify and respond to priority crime problems in a community with specifically tailored solutions. At least 75 percent of the funds made available under this subsection shall be reserved for grants under paragraphs (1) and (2) and of those amounts no more than 10 percent may be used for grants under paragraph (2) and at least 25 percent of the funds shall be reserved for grants under paragraphs (1) and (2) to units of local government with a population of less than 50,000.''. (f) Retention Grants.--Section 1703 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by inserting at the end the following: ``(d) Retention Grants.--The Attorney General may use no more than 50 percent of the funds under subsection (a) to award grants targeted specifically for retention of police officers to grantees in good standing, with preference to those that demonstrate financial hardship or severe budget constraint that impacts the entire local budget and may result in the termination of employment for police officers funded under subsection (b)(1).''. (g) Definitions.-- (1) Career law enforcement officer.--Section 1709(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8) is amended by inserting after ``criminal laws'' the following: ``including sheriffs deputies charged with supervising offenders who are released into the community but also engaged in local community policing efforts.''. (2) School resource officer.--Section 1709(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8) is amended-- (A) by striking subparagraph (A) and inserting the following: ``(A) to serve as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies, to address and document crime and disorder problems including gangs and drug activities, firearms and explosives-related incidents, and the illegal use and possession of alcohol affecting or occurring in or around an elementary or secondary school; (B) by striking subparagraph (E) and inserting the following: ``(E) to train students in conflict resolution, restorative justice, and crime awareness, and to provide assistance to and coordinate with other officers, mental health professionals, and youth counselors who are responsible for the implementation of prevention/intervention programs within the schools;''; and (C) by adding at the end the following: ``(H) to work with school administrators, members of the local parent teacher associations, community organizers, law enforcement, fire departments, and emergency medical personnel in the creation, review, and implementation of a school violence prevention plan; ``(I) to assist in documenting the full description of all firearms found or taken into custody on school property and to initiate a firearms trace and ballistics examination for each firearm with the local office of the Bureau of Alcohol, Tobacco, and Firearms; ``(J) to document the full description of all explosives or explosive devices found or taken into custody on school property and report to the local office of the Bureau of Alcohol, Tobacco, and Firearms; and ``(K) to assist school administrators with the preparation of the Department of Education, Annual Report on State Implementation of the Gun-Free Schools Act which tracks the number of students expelled per year for bringing a weapon, firearm, or explosive to school.''. (h) Authorization of Appropriations.--Section 1001(a)(11) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) There are authorized to be appropriated to carry out part Q, to remain available until expended-- ``(i) $1,150,000,000 for fiscal year 2000; ``(ii) $1,150,000,000 for fiscal year 2001; ``(iii) $1,150,000,000 for fiscal year 2002; ``(iv) $1,150,000,000 for fiscal year 2003; ``(v) $1,150,000,000 for fiscal year 2004; and ``(vi) $1,150,000,000 for fiscal year 2005.''; and (2) in subparagraph (B)-- (A) by striking ``3 percent'' and inserting ``5 percent''; (B) by striking ``1701(f)'' and inserting ``1701(g)''; (C) by striking the second sentence and inserting ``Of the remaining funds, if there is a demand for 50 percent of appropriated hiring funds, as determined by eligible hiring applications from law enforcement agencies having jurisdiction over areas with populations exceeding 150,000, no less than 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 150,000 or by public and private entities that serve areas with populations exceeding 150,000, and no less than 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations less than 150,000 or by public and private entities that serve areas with populations less than 150,000.''; (D) by striking ``85 percent'' and inserting ``$600,000,000''; and (E) by striking ``1701(b),'' and all that follows through ``of part Q'' and inserting the following: ``1701 (b) and (c), $350,000,000 to grants for the purposes specified in section 1701(e), and $200,000,000 to grants for the purposes specified in section 1701(f).''.", "summary": "Includes among permitted additional grant projects: (1) specialized integrity and ethics training; (2) innovative proactive crime control and prevention programs involving school officials and religiously-affiliated organizations; (3) school-based partnerships between local law enforcement agencies and local school systems by using school resource officers who operate in and around elementary and secondary schools (current law) to serve as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies and to combat gang membership and criminal activity, firearms and explosives-related incidents, illegal use and possession of alcohol, and the illegal possession, use, and distribution of drugs; and (4) innovative programs that bring together a community's sheriff, police chief, and elderly residents to address the public safety concerns of older citizens. Authorizes the Attorney General to use up to five percent of appropriated funds for technical assistance and training to States, local governments, Indian tribal governments, and other public and private entities. Requires the technical assistance provided by the Attorney General to include the establishment and operation of regional community policing institutes training centers or facilities. Permits the functions of the centers or facilities to include instruction and seminars for specified individuals, including representatives of police labor and management organizations and community residents. Repeals provisions of the Act regarding: (1) termination of grants for hiring officers; and (2) preferential consideration of applications for certain grants. Allows grants to be used to assist: (1) police departments in employing specified professional, scientific, and technological advancements; and (2) State, local, or tribal prosecutors' offices in implementation of community-based prosecution programs that build on local community policing efforts. Reserves specified funds for units of local government with a population of less than 50,000. Authorizes the Attorney General to use no more than 50 percent of grant renewal funds to award grants targeted specifically for retention of police officers to grantees in good standing, with preference to those that demonstrate financial hardship or severe budget constraint that impacts the entire local budget and may result in the termination of employment for officers. Redefines: (1) \"career law enforcement officer\" to include sheriffs' deputies charged with supervising offenders who are released into the community but also engaged in local community policing efforts; and (2) \"school resource officer\" to mean a career law enforcement officer deployed in community-oriented policing and assigned to work in collaboration with schools and community-based organizations (as under current law) to engage in specified activities, including serving as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies to address and document crime and disorder problems, training students in conflict resolution and crime awareness, and assisting school administrators with the preparation of an annual report on the number of students expelled per year for bringing a weapon, firearm, or explosive to school. Authorizes appropriations."}
{"article": "SECTION 1. LOAN PROGRAM FOR SCHOOL FACILITIES IMPROVEMENT. Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended to read as follows: ``TITLE XII--SCHOOL FACILITIES IMPROVEMENT ACT ``SEC. 12001. FINDINGS. ``The Congress finds the following: ``(1) According to a 1991 survey conducted by the American Association of School Administrators, 74 percent of all public school buildings in the United States need to be replaced. ``(2) Almost one-third of such buildings were built prior to World War II. ``(3) It is estimated that 1 of every 4 public school buildings in the United States is in inadequate condition, and of such buildings, 61 percent need maintenance or major repairs, 43 percent are obsolete, 42 percent contain environmental hazards, 25 percent are overcrowded, and 13 percent are structurally unsound. ``(4) According to a 1996 General Accounting Office report, 14,000,000 students attend schools in which 1 or more school buildings (original, additional, or temporary) are in need of extensive repair or replacement. ``(5) Large numbers of local educational agencies have difficulties securing financing for school facility improvement. ``SEC. 12002. PURPOSE. ``The purpose of this title is to leverage limited Federal funds to enable local educational agencies to finance the costs associated with the improvement of school facilities within their jurisdiction. ``SEC. 12003. FEDERAL ASSISTANCE IN THE FORM OF LOANS. ``(a) Authority and Conditions for Loans.--To assist local educational agencies in the construction of schools to replace schools which are 50 years of age or older, or in the reconstruction or renovation of schools which are 50 years of age or older, the Secretary may make loans of funds to such agencies for the construction, reconstruction, or renovation of such schools. Such assistance shall only be provided-- ``(1) to local educational agencies eligible for grants under section 1124A, schools located on Indian reservations, or local educational agencies eligible for payments under sections 8003 and 8004; and ``(2) if the Secretary finds that such constructions will be undertaken in an economical manner, and that any such construction, reconstruction or renovation is not or will not be of elaborate or extravagant design or materials. ``(b) Priorities.-- ``(1) In general.--In approving loans under this title, the Secretary shall consider-- ``(A) the difficulty of the applicant in securing affordable financing from other sources; ``(B) the threat the condition of the physical plant poses to the safety and well-being of students; ``(C) the demonstrated need for the construction, reconstruction, or renovation as based on the condition of the facility; and ``(D) the age of the facility to be renovated or replaced. ``(2) Preference.--In approving loans under this title, the Secretary shall give preference to applicants from States that have made a loan to the applicant in an amount not less than 25 percent of the amount of the loan amount requested in the application and for the purpose described in the application. ``(c) Amount and Conditions of Loans.--A loan to a local educational agency-- ``(1) may be in an amount not exceeding the total development cost of the facility, as determined by the Secretary; ``(2) shall be secured in such manner, as may be determined by the Secretary; ``(3) shall be repaid within 30 years; and ``(4) shall bear interest at a rate, determined by the Secretary, that will cover the cost (as defined in section 502 of the Federal Credit Reform Act of 1990) of the loan, and the administrative cost to the Federal Government of the loan. ``SEC. 12004. FEDERAL ASSISTANCE IN THE FORM OF DEBT GUARANTEES. ``(a) Authority and Conditions for Debt Guarantees.--To assist local educational agencies in the construction of schools to replace schools which are 50 years of age or older, or in the reconstruction or renovation of schools which are 50 years of age or older, the Secretary may guarantee and make commitments to guarantee eligible debt instruments issued by such agencies for the construction, reconstruction, or renovation of such schools. Such assistance shall only be provided-- ``(1) to local educational agencies eligible for grants under section 1124A, schools located on Indian reservations, or local educational agencies eligible for payments under sections 8003 and 8004; and ``(2) if the Secretary finds that such constructions will be undertaken in an economical manner, and that any such construction, reconstruction or renovation is not or will not be of elaborate or extravagant design or materials. ``(b) Priorities.-- ``(1) In general.--In approving debt guarantees under this title, the Secretary shall consider-- ``(A) the difficulty of the applicant in securing affordable financing guarantees from other sources; ``(B) the threat the condition of the physical plant poses to the safety and well-being of students; ``(C) the demonstrated need for the construction, reconstruction, or renovation as based on the condition of the facility; and ``(D) the age of the facility to be renovated or replaced. ``(2) Preference.--In approving debt guarantees under this title, the Secretary shall give preference to applicants from States that have made a loan to the applicant for the purpose described in the application and in an amount not less than 25 percent of the aggregate principal amount of the debt instruments to be guaranteed. ``(c) Amount and Conditions of Guarantees.--A debt guarantee to a local educational agency-- ``(1) may be in an amount not exceeding the total development cost of the facility, as determined by the Secretary; ``(2) shall be secured in such manner, as may be determined by the Secretary; and ``(3) shall be made only with respect to debt instruments that-- ``(A) have a maturity of 30 years; ``(B) bear interest at a maximum rate, determined by the Secretary taking into account the interest rate paid by the Federal Government with respect to Federal debt instruments of a similar nature; and ``(C) otherwise are in such form and denomination, and are subject to such other conditions, as the Secretary shall prescribe. ``(d) Full Faith and Credit.--The full faith and credit of the United States is hereby pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the debt instrument for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed debt instrument. ``SEC. 12005. GENERAL PROVISIONS. ``(a) Budget and Accounting.--In the performance of, and with respect to, the functions, powers, and duties under this title, the Secretary, notwithstanding the provisions of any other law, shall-- ``(1) prepare annually and submit a budget program as provided for wholly owned Government corporations by chapter 91 of title 31, United States Code; and ``(2) maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions of chapter 35 of title 31, United States Code. ``(b) Use of Funds.--Funds made available to the Secretary pursuant to the provisions of this title shall be deposited in a checking account or accounts with the Treasurer of the United States. Receipts and assets obtained or held by the Secretary in connection with the performance of functions under this title, and all funds available for carrying out the functions of the Secretary under this title (including appropriations therefor, which are hereby authorized), shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary in connection with the performance of such functions. ``(c) Legal Powers.--In the performance of, and with respect to, the functions, powers, and duties under this title, the Secretary, notwithstanding the provisions of any other law, may-- ``(1) prescribe such rules and regulations as may be necessary to carry out the purposes of this title; ``(2) sue and be sued; ``(3) foreclose on any property or commence any action to protect or enforce any right conferred upon the Secretary by any law, contract, or other agreement, and bid for and purchase at any foreclosure or any other sale any property in connection with which the Secretary has made a loan pursuant to this title; ``(4) in the event of any such acquisition, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property, but any such acquisition of real property shall not deprive any State or political subdivision thereof of its civil or criminal jurisdiction in and over such property or impair the civil rights under the State or local laws of the inhabitants on such property; ``(5) sell or exchange at public or private sale, or lease, real or personal property, and sell or exchange any securities or obligations, upon such terms as the Secretary may fix; ``(6) obtain insurance against loss in connection with property and other assets held; and ``(7) include in any contract or instrument made pursuant to this title such other covenants, conditions, or provisions as may be necessary to assure that the purposes of this title will be achieved. ``(d) Contracts for Supplies or Services.--Section 3709 of the Revised Statutes shall not apply to any contract for services or supplies on account of any property acquired pursuant to this title if the amount of such contract does not exceed $1,000. ``(e) Applicability of Government Corporation Control Act.--The provisions of section 9107(a) of title 31, United States Code, which are applicable to corporations or agencies subject to chapter 91 of such title, shall also be applicable to the activities of the Secretary under this title. ``(f) Labor Standards.-- ``(1) Laborers and mechanics.--All laborers and mechanics employed by contractors or subcontractors in the performance of any contract or subcontract for the repair, renovation, alteration, or construction, including painting or decorating, of any building or work that is financed in whole or in part by a grant, loan, or debt guarantee under this title, shall be paid wages not less than those determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (Davis Bacon Act), as amended. The Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Number 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 276c of title 40. ``(2) Exceptions.--The requirements of this subsection shall not apply to an individual-- ``(A) who volunteers-- ``(i) to perform a service directly to a local educational agency for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered, other than expenses, reasonable benefits, or a nominal fee (as defined in subsection (b) of this section), but solely for the personal purpose or pleasure of the individual; and ``(ii) to provide such service freely and without pressure or coercion, direct or implied, from any employer; ``(B) whose contribution of service is not for the direct or indirect benefit of any contractor otherwise performing or seeking to perform work on the same project for which the individual is volunteering; ``(C) who is not employed by and does not provide services to a contractor or subcontractor at any time on any contract or subcontract for the repair, renovation, alteration, or construction, including painting or decorating, of any building or work that is financed in part by a loan, or debt guarantee under this subchapter, for which the individual is volunteering; and ``(D) who is not otherwise employed by the same local educational agency to perform the same type of services as those for which the individual proposes to volunteer. ``(3) Payments to volunteers.--Payments of expenses, reasonable benefits, or a nominal fee may be provided to volunteers described in paragraph (2) of this subsection only in accordance with regulations issued by the Secretary of Labor. In prescribing the regulations, the Secretary shall take into consideration criteria such as the total amount of payments made (relating to expenses, benefits, or fees) in the context of the economic realities. The regulations shall include provisions that provide that-- ``(A) a payment for an expense may be received by a volunteer for items such as uniform allowances, protective gear and clothing, reimbursement for approximate out-of-pocket expenses, or for the cost or expense of meals and transportation; ``(B) a reasonable benefit may include the inclusion of a volunteer in a group insurance plan (such as a liability, health, life, disability, or worker's compensation plan) or pension plan, or the awarding of a length of service award; and ``(C) a nominal fee may not be used as a substitute for compensation and may not be connected to productivity. The decision as to what constitutes a nominal fee for purposes of subparagraph (C) shall be determined based on the context of the economic realities of the situation involved and shall be made by the Secretary of Labor. ``(4) Determination of payment.--For purposes of paragraph (2) of this subsection, in determining whether an expense, benefit, or fee described in such subsection may be paid to volunteers in the context of the economic realities of the particular situation, the Secretary of Labor may not permit any such expense, benefit, or fee that has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry. ``(g) Limitations.-- ``(1) Successive loans.--No loan or bond guarantee shall be made under this title to any local educational agency until 5 years after the date on which a previous loan or bond guarantee to that agency was made under this title, unless the loan is intended to be used to construct or reconstruct a facility damaged as a result of a natural disaster, as declared by the President. ``(2) Schools in one state.--Not more than 12.5 percent of the amount of the funds annually provided for in this title in the form of loans or bond guarantees shall be made available to educational institutions within any one State. ``SEC. 12006. DEFINITION. ``The term `school' is defined as public structures suitable for use as classrooms, laboratories, libraries, and related facilities, the primary purpose of which is the instruction of elementary and secondary school students. ``SEC. 12007. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title, $200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.", "summary": "Amends the Elementary and Secondary Education Act of 1965 to: (1) revise and rename title XII the School Facilities Improvement Act; and (2) establish a loan program and a bond guarantee program to assist local educational agencies in the construction, reconstruction, and renovation of public elementary and secondary schools which are 50 years of age or older. Sets forth program eligibility requirements, priorities, preferences, and amounts and conditions of such loans and debt instrument guarantees. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizenship Promotion Act of 1996''. SEC. 2. FINDINGS. Congress makes the following findings: (1) American democracy performs best when the maximum number of people subject to its laws participate in the political process, at all levels of government. (2) Citizenship actively exercised will better assure that individuals both assert their rights and fulfill their responsibilities of membership within our political community, thereby benefiting all citizens and residents of the United States. SEC. 3. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT. Title III of the Immigration and Nationality Act is amended by adding at the end the following new chapter: ``CHAPTER 5--CITIZENSHIP PROMOTION ``SEC. 371. DEFINITIONS. ``As used in this chapter-- ``(1) the term `Agency' means the United States Citizenship Promotion Agency; and ``(2) the term `Board' means the National Advisory Board on Citizenship established by section 373. ``SEC. 372. THE UNITED STATES CITIZENSHIP PROMOTION AGENCY. ``(a) Establishment.--There is established within the Immigration and Naturalization Service an agency to be known as the United States Citizenship Promotion Agency. ``(b) Mission.--The Agency shall have as its mission the following: ``(1) To carry out the functions relating to naturalization arising under chapter 2 of this title. ``(2) To assist in the implementation of a comprehensive program of encouraging and assisting eligible immigrants to become naturalized citizens as soon thereafter as they become eligible to do so. ``(c) Headed by Associate Commissioner.-- ``(1) Appointment.--The Agency shall be headed by an Associate Commissioner for Citizenship. Reasonable efforts shall be made to fill the position with a naturalized citizen of the United States. ``(2) Compensation.--The position of Associate Commissioner for Citizenship shall be a position in the Senior Executive Service. ``(d) Powers.--The Agency is authorized to exercise all necessary and appropriate powers and duties to carry out its mission, including the authority-- ``(1) to enter into cooperative agreements with Federal, State, and local governmental entities; ``(2) to enter into contracts, subject to the availability of appropriations; and ``(3) to make grants to private and nonprofit entities. ``(e) Role of Advisory Board.--The Commissioner and the Associate Commissioner for Citizenship shall seek the consultation and advice of the Board regarding the policies, practices, and procedures used by the Agency in fulfillment of its duties. ``(f) Termination of Existing Offices and Positions.--(1) There are transferred to the Agency all functions being exercised before the date of enactment of the Citizenship Promotion Act of 1996 by the Attorney General, the Commissioner, or the Service relating to the following: ``(A) The naturalization of persons under chapter 2 of this title. ``(B) The encouragement and assistance of eligible immigrants to become naturalized citizens. ``(2) Upon such date, the Commissioner shall abolish or consolidate, as the case may be, any office or position existing before such date within the Service that performed functions transferred under paragraph (1), if such office or position is not otherwise created by statute. ``(3) The personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred under this paragraph (1), subject to section 1531 of title 31, United States Code, shall be transferred to the Agency. ``SEC. 373. NATIONAL ADVISORY BOARD ON CITIZENSHIP. ``(a) Establishment.--There is established the National Advisory Board on Citizenship to advise the Associate Commissioner for Citizenship, the Attorney General, the President, and Congress regarding the carrying out of the Agency's objectives. ``(b) Composition.--(1) The Board shall be composed of 9 voting members, who shall be appointed by the Attorney General, except as otherwise provided, as follows: ``(A) One member drawn from among individuals having extensive academic experience in the study of immigration. ``(B) Two members drawn from among individuals having been recently naturalized, including at least one who is engaged in nonprofessional employment. ``(C) Two members drawn from among individuals having extensive recent experience in counseling and advising resident aliens to become naturalized citizens. ``(D) Two members drawn from among individuals who have extensive experience working with the immigrant community. ``(E) One member to be appointed by the Committee on the Judiciary of the Senate. ``(F) One member to be appointed by the Committee on the Judiciary of the House of Representatives. ``(2) The Assistant Secretary of Education for Vocational and Adult Education, or his or her designee, shall serve on the Board in a nonvoting capacity. ``(3) The voting members shall serve staggered terms in a manner to be prescribed by the Attorney General. ``(4) At the first meeting of the Board each year, the members of the Board shall elect a chair and vice chair, who shall serve for a term of one year. ``(5) The Board shall meet no more frequently than quarterly each year to carry out its responsibilities under subsection (c). ``(c) Responsibilities.--(1) The Board shall have the general responsibility to prepare independent biannual reports relating to the administration of policies of the Agency. Such reports may include minority reports, if timely submitted. ``(2) In the course of carrying out its responsibilities, the Board may do the following: ``(A) Review the policies, plans, and objectives of the Agency, including the effectiveness thereof, both short- and long-term. ``(B) Review programs and policies of other Federal and State agencies under the area of oversight of the Agency, as is necessary, including the effectiveness thereof, both short- and long-term. ``(C) Assess the resources and funds for the Agency, and make reports and recommendations to the Commissioner and Congress. ``(3) The Board shall give an annual oral report to the Attorney General, the Commissioner, and the Associate Commissioner for Citizenship. ``(d) Administrative Matters.--The Attorney General shall approve the budget of the Board. The Attorney General and the Commissioner shall provide administrative support, including staffing, to enable the Board to fulfill its functions. ``(e) Compensation.--While away from their homes or regular places of business in the performance of duties for the Board, Board members shall be compensated at a rate not to exceed $100 per day and shall be allowed reasonable travel expenses. ``(f) Applicability of Federal Advisory Committee Act.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board, except to the extent that this section establishes contrary policies or procedures. ``SEC. 374. NATURALIZATION OUTREACH. ``In order to enable the Agency to fulfill its naturalization outreach duties, the Agency-- ``(1) shall seek the assistance of appropriate community groups, private voluntary agencies, and other appropriate organizations; and ``(2) may enter into cooperative agreements with, or make grants to, such other governmental, private, and nonprofit entities (including entities that encourage or facilitate community service or are engaged in such service) that it considers useful in carrying out such duties. ``SEC. 375. FEES. ``(a) Naturalization Examinations Fee Account.--There is established in the general fund of the Treasury of the United States a separate account which shall be known as the `Naturalization Examinations Fee Account' (hereafter in this section referred to as the `Account'). ``(b) Deposits.--(1) There shall be deposited into the Account the following: ``(A) All funds in the Immigration Examinations Fee Account that were collected pursuant to section 344(a) before the date of the enactment of the Citizenship Promotion Act of 1996 and that remain available for obligation on such date. ``(B) Except as provided in paragraph (2), all fees paid to the Attorney General pursuant to section 344(a) after such date. ``(2) Fees paid after such date pursuant to section 344(a) by applicants residing in the United States Virgin Islands, and in Guam, shall be paid over to the treasury of the Virgin Islands and the treasury of Guam, respectively. ``(c) Amount of Fees.--The Attorney General shall establish, and may revise from time to time, the amount of the fees to be collected pursuant to section 344(a) for deposit into the Account. The amount of such fees may be set at a level that will ensure the full recovery of the costs referred to in subsection (d)(1) and the costs of the administration of such fees. ``(d) Use of Funds.--(1) The Attorney General may use funds in the Account to cover the following: ``(A) The costs of the Agency in carrying out naturalization functions under chapter 2 of this title. ``(B) The costs of the Agency in encouraging and assisting eligible immigrants in becoming naturalized citizens under this chapter, including the facilitation of instruction of immigrants in the English language. ``(C) The costs of the Agency in collecting fees for deposit into the Account and in administering the Account. ``(2) Amounts in the Account shall remain available until expended. ``(e) Annual Financial Statements.--The Attorney General shall prepare and submit annually to Congress statements of financial condition of the Account, including beginning account balance revenues, withdrawals, and ending account balance and projections for the ensuing fiscal year.''. SEC. 4. CONFORMING AMENDMENTS. The Immigration and Nationality Act is amended-- (1) in section 286 (8 U.S.C. 1356)-- (A) in the second proviso of subsection (m), by striking ``and naturalization''; and (B) in subsection (n), by striking ``and naturalization''; and (2) in section 332 (8 U.S.C. 1443)-- (A) in subsection (a), by inserting after the first sentence the following new sentence: ``The Attorney General shall discharge such provisions through the United States Citizenship Promotion Agency established under chapter 5 of this title.''; and (B) by striking subsection (h).", "summary": "Citizenship Promotion Act of 1996 - Amends the Immigration and Nationality Act to establish within the Immigration and Naturalization Service the United States Citizenship Promotion Agency. Transfers to the Agency naturalization and related functions currently carried out by the Attorney General and the Service. Establishes the National Advisory Board on Citizenship. Directs the Agency to carry out naturalization outreach activities. Establishes in the Treasury the Naturalization Examinations Fee Account."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Colombian Temporary Protected Status Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) Colombia has been embroiled in a 38-year civil war, resulting in the death of tens of thousands of civilians and combatants; (2) the two main armed anti-government rebel groups, the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, or FARC) and the National Liberation Army (Ejercito de Liberacion Nacional, or ELN), have engaged in military activities in 700 of 1,098 municipalities in Colombia, and in recent years have controlled or influenced local governments in as much as 40 percent to 50 percent of Colombian territory; (3) the FARC and ELN not only attack police and military forces but also regularly attack civilian populations, commit massacres and extrajudicial killings, collect war taxes, compel citizens into their ranks, force farmers to grow illicit crops, and regulate travel, commerce, and other activities; (4) paramilitary groups such as the United Self-Defense Groups of Colombia (Autodefensas Unidas de Colombia or AUC), originally established to protect rural landowners, have grown dramatically in recent years to become a major national military force in Colombia; (5) paramilitary groups are responsible, according to human rights groups, for the greatest number of extrajudicial killings and forced disappearances in Colombia since 1995; (6) the FARC, ELN, and AUC, all designated by the State Department as foreign terrorist organizations, have a combined force of 25,000 combatants; (7) the Government of Colombia, particularly during the administration of President Andres Pastrana, has afforded armed rebel groups numerous opportunities to negotiate a peace agreement, including the extraordinary step in November 1998 of creating a safe haven for the FARC by withdrawing its security forces from 5 municipalities covering some 16,000-17,000 square miles; (8) despite having been given the opportunity to seek peace, the FARC instead used the safe haven to enhance its military capability to further its violent campaign against the government and people of Colombia; (9) while President Pastrana and the Colombian government negotiated in good faith, the FARC proceeded to kidnap political officials, including presidential candidate former Senator Ingrid Betancourt, as well as execute Members of Congress who were engaged in negotiations with the FARC, such as Senator Martha Catalina Daniels; (10) in February of this year, the FARC's actions forced President Pastrana to withdraw from the peace process and begin the process of retaking the safe zone he had previously ceded to the FARC and other rebel groups; (11) after the election of Alvaro Uribe as Colombia's President, the FARC began targeting mayors with letters declaring that they had 24 hours to leave or would be considered ``military targets''; (12) although before the recent Presidential election the violence had been mostly contained in rural areas, it has now spread to the urban areas, with cities such as Medellin experiencing an average of 13 killings a day; (13) an average of 2.8 rebel bombs go off every day in Colombia while bomb squads disarm another five; (14) the middle and upper classes have been targeted for kidnaping, with an average of 3,250 Colombians being kidnaped each year since 1998; (15) between 1,500,000 and 2,000,000 people have been forced to leave their homes, representing the third largest internal refugee crisis in the world; and (16) between 1,500 and 2,500 Colombians were massacred in contested rural areas in 2001. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that, in view of the recent escalation of the current civil war in Colombia, Colombia qualifies for designation under section 244(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)(A)), pursuant to which Colombian nationals would be eligible for temporary protected status in the United States. SEC. 4. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS TO COLOMBIANS. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Colombia shall be treated as if it had been designated under subsection (b) of such section, subject to the provisions of this section. (2) Period of designation.--The initial period of such designation shall begin on the date of the enactment of this Act and shall remain in effect for 1 year. (b) Aliens Eligible.--In applying section 244 of the Immigration and Nationality Act pursuant to the designation under this Act, subject to section 244(c)(3) of such Act, an alien who is a national of Colombia meets the requirements of section 244(c)(1) of such Act only if-- (1) the alien has been continuously physically present in the United States since the date of enactment of this Act; (2) the alien is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of such Act, and is not ineligible for temporary protected status under section 244(c)(2)(B) of such Act; and (3) the alien registers for temporary protected status in a manner that the Attorney General shall establish. (c) Consent to Travel Abroad.--The Attorney General shall give the prior consent to travel abroad described in section 244(f)(3) of the Immigration and Nationality Act to an alien who is granted temporary protected status pursuant to the designation under this Act, if the alien establishes to the satisfaction of the Attorney General that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of such Act.", "summary": "Columbian Temporary Protected Status Act of 2002 - Expresses the sense of Congress in favor of extending temporary protected status to Columbian nationals in the United States.Designates Columbia under the Immigration and Nationality Act as a country undergoing an ongoing armed conflict in order to make qualifying Columbians living in the United States eligible aliens for temporary protected status."}
{"article": "SECTION 1. NATIONAL GUARD COUNTERDRUG SCHOOLS. (a) Authority To Operate.--Under such regulations as the Secretary of Defense may prescribe, the Chief of the National Guard Bureau may establish and operate not more than five schools (to be known generally as ``National Guard counterdrug schools'') for the provision by the National Guard of training in drug interdiction and counter-drug activities, and drug demand reduction activities, to the personnel of the following: (1) Federal agencies. (2) State and local law enforcement agencies. (3) Community-based organizations engaged in such activities. (4) Other non-Federal governmental and private entities and organizations engaged in such activities. (b) Counterdrug Schools Specified.--The National Guard counterdrug schools operated under the authority in subsection (a) are as follows: (1) The National Interagency Civil-Military Institute (NICI), San Luis Obispo, California. (2) The Multi-Jurisdictional Counterdrug Task Force Training (MCTFT), St. Petersburg, Florida. (3) The Midwest Counterdrug Training Center (MCTC), to be established in Johnston, Iowa. (4) The Regional Counterdrug Training Academy (RCTA), Meridian, Mississippi. (5) The Northeast Regional Counterdrug Training Center (NCTC), Fort Indiantown Gap, Pennsylvania. (c) Use of National Guard Personnel.--(1) To the extent provided for in the State drug interdiction and counter-drug activities plan of a State in which a National Guard counterdrug school is located, personnel of the National Guard of that State who are ordered to perform full-time National Guard duty authorized under section 112(b) of that title 32, United States Code, may provide training referred to in subsection (a) at that school. (2) In this subsection, the term ``State drug interdiction and counter-drug activities plan'', in the case of a State, means the current plan submitted by the Governor of the State to the Secretary of Defense under section 112 of title 32, United States Code. (d) Annual Reports on Activities.--(1) Not later than February 1, 2002, and annually thereafter, the Secretary of Defense shall submit to Congress a report on the activities of the National Guard counterdrug schools. (2) Each report under paragraph (1) shall set forth the following: (A) The amount made available for each National Guard counterdrug school during the fiscal year ending in the year preceding the year in which such report is submitted. (B) A description of the activities of each National Guard counterdrug school during the year preceding the year in which such report is submitted. (3) The report under paragraph (1) in 2002 shall set forth, in addition to the matters described in paragraph (2), a description of the activities relating to the establishment of the Midwest Counterdrug Training Center in Johnston, Iowa. (e) Authorization of Appropriations.--(1) There is hereby authorized to be appropriated for the Department of Defense for the National Guard for fiscal year 2002, $25,000,000 for purposes of the National Guard counterdrug schools in that fiscal year. (2) The amount authorized to be appropriated by paragraph (1) is in addition to any other amount authorized to be appropriated for the Department of Defense for the National Guard for fiscal year 2002. (f) Availability of Funds.--(1) Of the amount authorized to be appropriated by subsection (e)(1)-- (A) $4,000,000 shall be available for the National Interagency Civil-Military Institute, San Luis Obispo, California; (B) $8,000,000 shall be available for the Multi- Jurisdictional Counterdrug Task Force Training, St. Petersburg, Florida; (C) $3,000,000 shall be available for the Midwest Counterdrug Training Center, Johnston, Iowa; (D) $5,000,000 shall be available for the Regional Counterdrug Training Academy, Meridian, Mississippi; and (E) $5,000,000 shall be available for the Northeast Regional Counterdrug Training Center, Fort Indiantown Gap, Pennsylvania. (2) Amounts available under paragraph (1) shall remain available until expended. (g) Funding for Fiscal Years After Fiscal Year 2002.--(1) The budget of the President that is submitted to Congress under section 1105 of title 31, United States Code, for any fiscal year after fiscal year 2002 shall set forth as a separate budget item the amount requested for such fiscal year for the National Guard counterdrug schools. (2) It is the sense of Congress that-- (A) the amount authorized to appropriated for the National Guard counterdrug schools for any fiscal year after fiscal year 2002 should not be less than the amount authorized to be appropriated for those schools for fiscal year 2002 by subsection (e)(1), in constant fiscal year 2002 dollars; and (B) the amount made available to each National Guard counterdrug school for any fiscal year after fiscal year 2002 should not be less than the amount made available for such school for fiscal year 2002 by subsection (f)(1), in constant fiscal year 2002 dollars, except that the amount made available for the Midwest Counterdrug Training School should not be less than $5,000,000, in constant fiscal year 2002 dollars.", "summary": "Authorizes the Chief of the National Guard Bureau to establish and operate the following five schools (counterdrug schools) for the provision by the National Guard of training in drug interdiction, counter-drug activities, and drug demand reduction activities to personnel of Federal agencies, State and local law enforcement agencies, and community-based organizations and other non-Federal governmental and private entities and organizations engaged in such activities: (1) the National Interagency Civil-Military Institute, San Luis Obispo, California; (2) the Multi-Jurisdictional Counterdrug Task Force Training, St. Petersburg, Florida; (3) the Midwest Counterdrug Training Center to be established in Johnston, Iowa; (4) the Regional Counterdrug Training Academy, Meridian, Mississippi; and (5) the Northeast Regional Counterdrug Training Center, Fort Gap, Pennsylvania.."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers Right to Know Act''. SEC. 2. REQUIREMENTS RELATING TO ANNUAL REPORT ON COST OF, PERFORMANCE BY, AND AREAS FOR IMPROVEMENTS FOR GOVERNMENT PROGRAMS. (a) Requirement To Identify and Describe Programs.--Each fiscal year, for purposes of the report required by subsection (b), the head of each agency shall-- (1) identify and describe every program administered by the agency; (2) for each such program-- (A) determine the total administrative expenses of the program; (B) determine the expenditures for services for the program; (C) estimate the number of clients served by the program and beneficiaries who received assistance under the program (if applicable); and (D) estimate-- (i) the number of full-time employees who administer the program; and (ii) the number of full-time equivalents (whose salary is paid in part or full by the Federal Government through a grant or contract, a subaward of a grant or contract, a cooperative agreement, or another form of financial award or assistance) who assist in administering the program; and (3) identify programs within the Federal Government (whether inside or outside the agency) with duplicative or overlapping missions, services, and allowable uses of funds. (b) Relationship to Catalog of Domestic Assistance.--With respect to the requirements of subsections (a)(1) and (a)(2)(B), the head of an agency may use the same information provided in the catalog of domestic and international assistance programs in the case of any program that is a domestic or international assistance program. (c) Report.--Not later than February 1 of each fiscal year, the head of each agency shall publish on the official public website of the agency a report containing the following: (1) The information required under subsection (a) with respect to the preceding fiscal year. (2) The latest performance reviews (including the program performance reports required under section 1116 of title 31, United States Code) of each program of the agency identified under subsection (a)(1), including performance indicators, performance goals, output measures, and other specific metrics used to review the program and how the program performed on each. (3) For each program that makes payments, the latest improper payment rate of the program and the total estimated amount of improper payments, including fraudulent payments and overpayments. (4) The total amount of unspent and unobligated program funds held by the agency and grant recipients (not including individuals) stated as an amount-- (A) held as of the beginning of the fiscal year in which the report is submitted; and (B) held for five fiscal years or more. (5) Such recommendations as the head of the agency considers appropriate-- (A) to consolidate programs that are duplicative or overlapping; (B) to eliminate waste and inefficiency; and (C) to terminate lower priority, outdated, and unnecessary programs and initiatives. (d) Definitions.--In this Act: (1) Administrative expenses.--The term ``administrative costs'' has the meaning as determined by the Director of the Office of Management and Budget under section 504(b)(2) of Public Law 111-85 (31 U.S.C. 1105 note), except the term shall also include, for purposes of that section and this section, with respect to an agency-- (A) costs incurred by the agency as well as costs incurred by grantees, subgrantees, and other recipients of funds from a grant program or other program administered by the agency; and (B) expenses related to personnel salaries and benefits, property management, travel, program management, promotion, reviews and audits, case management, and communication about, promotion of, and outreach for programs and program activities administered by the agency. (2) Services.--The term ``services'' has the meaning provided by the Director of the Office of Management and Budget and shall be limited to only activities, assistance, and aid that provide a direct benefit to a recipient, such as the provision of medical care, assistance for housing or tuition, or financial support (including grants and loans). (3) Agency.--The term ``agency'' has the same meaning given that term in section 551(1) of title 5, United States Code, except that the term also includes offices in the legislative branch other than the Government Accountability Office. (4) Performance indicator, performance goal, output measure, program activity.--The terms ``performance indicator'', ``performance goal'', ``output measure'', and ``program activity'' have the meanings provided by section 1115 of title 31, United States Code. (5) Program.--The term ``program'' has the meaning provided by the Director of the Office of Management and Budget and shall include, with respect to an agency, any organized set of activities directed toward a common purpose or goal undertaken by the agency that includes services, projects, processes, or financial or other forms of assistance, including grants, contracts, cooperative agreements, compacts, loans, leases, technical support, consultation, or other guidance. SEC. 3. AMENDMENTS TO CATALOG OF FEDERAL DOMESTIC ASSISTANCE PROGRAMS. (a) Addition of International Assistance Programs.-- (1) In general.--Section 6101 of title 31, United States Code, is amended by adding at the end the following: ``(7) The term `international assistance' has the meaning provided by the Director of the Office of Management and Budget and shall include, with respect to an agency, assistance including grants, contracts, compacts, loans, leases, and other financial and technical support to-- ``(A) foreign nations; ``(B) international organizations; ``(C) services provided by programs administered by any agency outside of the territory of the United States; and ``(D) services funded by any agency provided in foreign nations or outside of the territory of the United States by non-governmental organizations and entities. ``(8) The term `assistance program' means each of the following: ``(A) A domestic assistance program. ``(B) An international assistance program.''. (2) Conforming amendments.-- (A) Section 6102 of title 31, Untied States Code, is amended-- (i) in subsection (a), in the matter preceding paragraph (1), by striking ``domestic'' both places it appears; and (ii) in subsection (b), by striking ``domestic''. (B) Section 6104 of such title is amended-- (i) in subsections (a) and (b), by inserting ``and international assistance'' after ``domestic assistance'' each place it appears; and (ii) in the section heading, by inserting ``and international'' after ``domestic''. (b) Additional Information Required To Be Included Catalog.-- Section 6104(b) of title 31, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(4) the information required in paragraphs (1) through (4) of subsection (b) of the Taxpayers Right to Know Act; ``(5) the budget function or functions applicable to each assistance program contained in the catalog; ``(6) with respect to each assistance program in the catalog, an electronic link to the annual report required by section 2(b) of the Taxpayers Right to Know Act by the agency that carries out the assistance program; and ``(7) the authorization and appropriation amount provided by law for each assistance program in the catalog in the current fiscal year, and a notation if the program is not authorized in the current year, has not been authorized in law, or does not receive a specific line item appropriation.''. (c) Report Related to Compliance With Catalog Requirements.-- Section 6104 of title 31, United States Code, is further amended by adding at the end the following new subsection: ``(e) Compliance.--On the website of the catalog of Federal domestic and international assistance information, the Administrator shall provide the following: ``(1) Contact information.--The title and contact information for the person in each agency responsible for the implementation, compliance, and quality of the data in the catalog. ``(2) Report.--An annual report compiled by the Administrator of domestic assistance programs, international assistance programs, and agencies with respect to which the requirements of this chapter are not met.''. (d) Bulk Downloads of Data.--Section 6103 of such title is amended by adding at the end the following new subsection: ``(d) Bulk Downloads.--The information in the catalog of domestic and international assistance under section 6104 of this title shall be available on a regular basis through bulk downloads from the website of the catalog.''. (e) Revision to Agency Definition.--Section 6101(2) of such title is amended by inserting before the period at the end the following: ``except such term also includes offices in the legislative branch other than the Government Accountability Office''. SEC. 4. REGULATIONS AND IMPLEMENTATION. (a) Regulations.--Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe regulations to implement this Act. (b) Implementation.--This Act shall be implemented beginning with the first full fiscal year occurring after the date of the enactment of this Act.", "summary": "Taxpayers Right to Know Act - Requires the head of each federal agency in each fiscal year to: (1) identify and describe every program administered by such agency; (2) determine the total administrative expenses and expenditures for services for each program; (3) estimate the number of clients served by each program and the beneficiaries who received assistance under each program; (4) estimate the number of full-time federal and contract employees who administer each program; and (5) identify federal programs with duplicative or overlapping missions, services, and allowable uses of funds. Requires agency heads to publish on agency websites the information required by this Act, the latest performance reviews of each agency program, improper payment rates, the total amount of unspent and unobligated program funds held by the agency and grant recipients, and recommendations for consolidating duplicative programs, eliminating waste and inefficiency, and terminating lower priority, outdated, and unnecessary programs and initiatives. Expands the scope of information required in the Catalog of Federal Domestic Assistance to include: (1) programs providing assistance to foreign nations, international organizations, and services provided or funded by agencies operating outside the United States; (2) information required by this Act; and (3) budget functions and authorization and appropriation amounts for each assistance program in the Catalog."}
{"article": "SECTION 1. DEFINITION OF INDIAN STUDENT COUNT. Section 117(h) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2327(h)) is amended by striking paragraph (2) and inserting the following: ``(2) Indian student count.-- ``(A) In general.--The term `Indian student count' means a number equal to the total number of Indian students enrolled in each tribally-controlled postsecondary vocational and technical institution, as determined in accordance with subparagraph (B). ``(B) Determination.-- ``(i) Enrollment.--For each academic year, the Indian student count shall be determined on the basis of the enrollments of Indian students as in effect at the conclusion of-- ``(I) in the case of the fall term, the third week of the fall term; and ``(II) in the case of the spring term, the third week of the spring term. ``(ii) Calculation.--For each academic year, the Indian student count for a tribally- controlled postsecondary vocational and technical institution shall be the quotient obtained by dividing-- ``(I) the sum of the credit-hours of all Indian students enrolled in the tribally-controlled postsecondary vocational and technical institution (as determined under clause (i)); by ``(II) 12. ``(iii) Summer term.--Any credit earned in a class offered during a summer term shall be counted in the determination of the Indian student count for the succeeding fall term. ``(iv) Students without secondary school degrees.-- ``(I) In general.--A credit earned at a tribally-controlled postsecondary vocational and technical institution by any Indian student that has not obtained a secondary school degree (or the recognized equivalent of such a degree) shall be counted toward the determination of the Indian student count if the institution at which the student is enrolled has established criteria for the admission of the student on the basis of the ability of the student to benefit from the education or training of the institution. ``(II) Presumption.--The institution shall be presumed to have established the criteria described in subclause (I) if the admission procedures for the institution include counseling or testing that measures the aptitude of a student to successfully complete a course in which the student is enrolled. ``(III) Credits toward secondary school degree.--No credit earned by an Indian student for the purpose of obtaining a secondary school degree (or the recognized equivalent of such a degree) shall be counted toward the determination of the Indian student count under this clause. ``(v) Continuing education programs.--Any credit earned by an Indian student in a continuing education program of a tribally- controlled postsecondary vocational and technical institution shall be included in the determination of the sum of all credit hours of the student if the credit is converted to a credit-hour basis in accordance with the system of the institution for providing credit for participation in the program.''.", "summary": "Amends the Carl D. Perkins Vocational and Technical Education Act of 1998 with respect to grants to tribally controlled postsecondary vocational and technical institutions that are not receiving federal support under the Tribally Controlled College or University Assistance Act of 1978 or the Navajo Community College Act to provide basic support for the education and training of Indian students. Revises the definition of \"Indian student count\" (essential to the formula for the determination of grant amounts)."}
{"article": "That this Act may be cited as the ``College Construction Loan Insurance Association Privatization Act of 1995''. findings and purposes Sec. 2. (a) Findings.--The Congress finds that-- (1) the College Construction Loan Insurance Association (hereinafter referred to as ``the Corporation'') was established by the Higher Education Amendments of 1986 (Public Law 99-498) in order to assist in financing the construction, reconstruction, renovation, acquisition, or purchase of postsecondary education facilities; (2) in order to attract initial investors and establish the Corporation as a viable corporate entity, the Secretary of Education was required by statute to purchase a minority equity interest in the Corporation; (3) it was the intent of Congress, in establishing the Corporation, that the Federal Government's ownership interest in the Corporation would eventually terminate through the sale of the stock of the Corporation owned by the Secretary of Education; (4) current statutory restrictions on the Corporation's business activities and organization impede the Corporation's efforts to operate effectively and to provide the services needed by educational institutions; and (5) eliminating all statutory restrictions on the Corporation's business activities, as well as other links between the Federal Government and the Corporation, would-- (A) eliminate a Federal presence where the operation of market forces would be more suitable and contribute toward reducing the scope of Government; (B) improve the ability of the Corporation to provide assistance in the financing of education facilities; and (C) return funds to the United States Treasury. (b) Purposes.--The purposes of this Act are to-- (1) terminate, in an orderly manner, the Corporation's financial and other connections to the United States Government; and (2) enable the Corporation to engage in any business or other activities for which corporations may be organized under the laws of any State of the United States or the District of Columbia. status of the corporation and corporate powers; obligations not federally guaranteed Sec. 3. (a) Status of the Corporation.--The Corporation shall not be an agency, instrumentality, or establishment of the United States Government and shall not be a ``Government corporation'' nor a ``Government controlled corporation'' as defined in section 103 of title 5, United States Code. No action under section 1491 of title 28, United States Code (commonly known as the Tucker Act) shall be allowable against the United States based on the actions of the Corporation. (b) Corporate Powers.--The Corporation shall be subject to the provisions of this Act, and, to the extent not inconsistent with this Act, to the District of Columbia Business Corporation Act (or the comparable law of another State, if applicable). The Corporation shall have the powers conferred upon a corporation by the District of Columbia Business Corporation Act (or such other applicable State law) as from time to time in effect in order to conduct its affairs as a private, for-profit corporation and to carry out its purposes and activities incidental thereto. The Corporation shall have the power to enter into contracts, to execute instruments, to incur liabilities, to provide products and services, and to do all things as are necessary or incidental to the proper management of its affairs and the efficient operation of a private, for-profit business. (c) No Federal Guarantee.-- (1) Obligations insured by the corporation.-- (A) No obligation that is insured, guaranteed, or otherwise backed by the Corporation shall be deemed to be an obligation that is guaranteed by the full faith and credit of the United States. (B) No obligation that is insured, guaranteed, or otherwise backed by the Corporation shall be deemed to be an obligation that is guaranteed by the Student Loan Marketing Association. (C) This paragraph shall not affect the determination of whether such obligation is guaranteed for purposes of Federal income taxes. (2) Securities offered by the corporation.--No debt or equity securities of the Corporation shall be deemed to be guaranteed by the full faith and credit of the United States. (d) Definition.--The term ``Corporation'' as used in this Act shall refer to the College Construction Loan Insurance Association as in existence as of the day before enactment of this Act, and to any successor corporation. related privatization requirements Sec. 4. (a) Notice Requirements.-- (1) During the six-year period following the date of enactment of this Act, the Corporation shall include, in each of the Corporation's contracts for the insurance, guarantee, or reinsurance of obligations, and in each document offering debt or equity securities of the Corporation a prominent statement providing notice that-- (A) such obligations or such securities, as the case may be, are not obligations of the United States, nor are they guaranteed in any way by the full faith and credit of the United States; and (B) the Corporation is not an instrumentality of the United States. (2) During the five-year period following the sale of stock pursuant to section 5(a), in addition to the notice requirements in paragraph (1), the Corporation shall include, in each of the contracts and documents referred to in such paragraph, a prominent statement providing notice that the United States is not an investor in the Corporation. (b) Corporate Charter.--The Corporation's charter shall be amended as necessary and without delay to conform to the requirements of this Act. (c) Corporate Name.--The name of the Corporation, or of any direct or indirect subsidiary thereof, may not contain the term ``College Construction Loan Insurance Association'', or any substantially similar variation thereof. (d) Transitional Requirements.-- (1) Requirements until stock sale.--Notwithstanding section 6, the requirements of sections 754 and 760 of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq., hereinafter referred to as ``the Act''), as in existence as of the day before enactment of this Act, shall continue to be effective until the day immediately following the date of closing of the purchase of the Secretary's stock (or the date of closing of the final purchase, in the case of multiple transactions) pursuant to section 5(a) of this Act. (2) Reports after stock sale.--The Corporation shall, not later than March 30 of the first full calendar year immediately following the sale pursuant to section 5(a), and each of the two succeeding years, submit to the Secretary of Education a report describing the Corporation's efforts to assist in the financing of education facilities projects, including projects for elementary, secondary, and postsecondary educational institution infrastructure, and detailing, on a project-by-project basis, the Corporation's business dealings with educational institutions that are rated by a nationally recognized statistical rating organization at or below the organization's third highest rating. sale of federally-owned stock Sec. 5. (a) Sale of Stock Required.--The Secretary of the Treasury shall, upon the request of the Secretary of Education, make every appropriate effort to sell, pursuant to section 324 of title 31 of the United States Code, the voting common stock of the Corporation owned by the Secretary of Education not later than one year after the date of enactment of this Act. (b) Purchase by the Corporation.--In the event that the Secretary of the Treasury is unable to sell the voting common stock, or any portion thereof, at a price acceptable to the Secretary of Education and the Secretary of the Treasury within the period specified in subsection (a), the Corporation shall purchase such stock at a price determined by the Secretary of the Treasury, in consultation with the Secretary of Education, based on the independent appraisal of one or more nationally recognized financial firms. Such firm or firms shall be selected by the Secretary of the Treasury in consultation with the Secretary of Education and the Corporation. (c) Reimbursement of Costs of Sale.--The Secretary of the Treasury shall be reimbursed from the proceeds of the sale of the stock under this section for all reasonable costs related to such sale, including all reasonable expenses relating to one or more independent appraisals under this section. (d) Assistance by the Corporation.--The Corporation shall provide such assistance as the Secretary of the Treasury and the Secretary of Education may require to facilitate the sale of the stock under this section. repeal of statutory restrictions and related provisions Sec. 6. Part D of Title VII of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is repealed.", "summary": "College Construction Loan Insurance Association Privatization Act of 1995 - Provides for the privatization and renaming of the College Construction Loan Insurance Association, and the cessation of Federal sponsorship. Repeals provisions for such Association under the Higher Education Act of 1965."}
{"article": "SECTION 1. PILOT PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN THE STANISLAUS RIVER, CALIFORNIA. (a) Establishment of Nonnative Predator Fish Removal Pilot Program.--The Secretary of Commerce and the districts, in consultation with the United States Fish and Wildlife Service, shall jointly develop and conduct a nonnative predator fish removal pilot program to remove nonnative striped bass, smallmouth bass, largemouth bass, black bass, and other nonnative predator fishes from the Stanislaus River, California. The pilot program shall-- (1) be scientifically based; (2) include methods to quantify the number and size of predator fishes removed each year, the impact of such removal on the overall abundance of predator fishes, and the impact of such removal on the populations of juvenile anadromous fish found in the Stanislaus River by, among other things, evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at Caswell; (3) among other methods, use wire fyke trapping, portable resistance board weirs, and boat electrofishing; (4) be developed, including the application for all necessary scientific research and species enhancement permits under section 10(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)) for the performance of the pilot program, not later than 6 months after the date of the enactment of this Act; (5) be implemented as quickly as possible following the issuance of all necessary scientific research and species enhancement permits needed to begin the pilot program; and (6) be implemented for a period of 7 consecutive calendar years. (b) Management.--The management of the pilot program shall be the joint responsibility of the Secretary and the districts. Such parties shall work collaboratively to ensure the performance of the pilot program, and shall discuss and agree upon, among other things, changes in the structure, management, personnel, techniques, strategy, data collection, reporting, and conduct of the pilot program. (c) Conduct.-- (1) In general.--By agreement between the Secretary and the districts, the pilot program may be conducted by their own personnel, qualified private contractors hired by the districts, personnel of, on loan to, or otherwise assigned to the National Marine Fisheries Service, or a combination thereof. (2) Participation by the national marine fisheries service.--If the districts elect to conduct the program using their own personnel or qualified private contractors hired by them in accordance with paragraph (1), the Secretary may assign an employee of, on loan to, or otherwise assigned to the National Marine Fisheries Service, to be present for all activities performed in the field. Such presence shall ensure compliance with the agreed-upon elements specified in subsection (b). The districts shall pay the cost of such participation in accordance with subsection (d). (3) Timing of election.--The districts shall notify the Secretary of their election on or before October 15 of each calendar year of the pilot program. Such an election shall apply to the work performed in the subsequent calendar year. (d) Funding.-- (1) In general.--The districts shall be responsible for 100 percent of the cost of the pilot program. (2) Contributed funds.--The Secretary may accept and use contributions of funds from the districts to carry out activities under the pilot program. (3) Estimation of cost.--On or before December 1 of each year of the pilot program, the Secretary shall submit to the districts an estimate of the cost to be incurred by the National Marine Fisheries Service for the pilot program in the following calendar year, if any, including the cost of any data collection and posting under subsection (e). If an amount equal to the estimate is not provided through contributions pursuant to paragraph (2) before December 31 of that year-- (A) the Secretary shall have no obligation to conduct the pilot program activities otherwise scheduled for such following calendar year until such amount is contributed by the districts; and (B) the districts may not conduct any aspect of the pilot program until such amount is contributed by the districts. (4) Accounting.--On or before September 1 of each year, the Secretary shall provide to the districts an accounting of the costs incurred by the Secretary for the pilot program in the preceding calendar year. If the amount contributed by the districts pursuant to paragraph (2) for that year was greater than the costs incurred by the Secretary, the Secretary shall-- (A) apply the excess contributions to costs of activities to be performed by the Secretary under the pilot program, if any, in the next calendar year; or (B) if no such activities are to be performed, repay the excess contribution to the districts. (e) Reporting and Evaluation.-- (1) In general.--On or before the 15th day of each month, the Secretary shall post on the Internet website of the National Marine Fisheries Service a tabular summary of the raw data collected under the pilot program in the preceding month. (2) Report.--On or before June 30 of the year following the completion of the pilot program, the Secretary and the districts shall jointly submit for peer review a report that-- (A) discusses the findings and conclusions of the pilot program; (B) synthesizes the data collected under paragraph (1); and (C) makes recommendations for further study and action. (f) Permits Process.-- (1) Requirement.--Not later than 180 days after the filing by the Secretary and the districts of an application for scientific research and species enhancement permits under section 10(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)) for the pilot program, the Secretary of the Interior, the Secretary of Commerce, or both, as appropriate, shall issue to the National Marine Fisheries Service and the districts all such permits that are necessary for the performance of the pilot program. Each such permit shall authorize activities under the permits to be carried out by the districts and by the National Marine Fisheries Service. (2) Delegation of authority.--The districts and the Secretary may delegate the authority to conduct activities under such permits to any qualified private contractor retained in accordance with subsection (c). (3) Failure to issue permits.--The pilot program, including amendments thereto by the appropriate Federal agencies, shall constitute a conservation plan that complies with section 10(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(2)) if the Secretaries have not carried out paragraph (1) within 270 days after the filling of an application in accordance with such paragraph. (4) Treatment of striped bass.--For purposes of the application of the Central Valley Project Improvement Act (title III of Public Law 102-575) with respect to the pilot program, striped bass shall not be treated as anadromous fish. (g) NEPA.-- (1) Limitation on application.--If the Secretaries have not carried out subsection (f)(1) within 365 days after the filing by the Secretary of Commerce and the districts of an application referred to in that subsection, section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to this section and the issuance of any permit under this section, during the 7- year period beginning on the date of the submission of such application. (2) Emergency environmental reviews.--The Secretary of the Interior and the Secretary of Commerce shall consult with the Council on Environmental Quality in accordance with section 1506.11 of title 40, Code of Federal Regulations (including successor regulations) to develop alternative arrangements to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as necessary to expedite the benefits of the pilot program for the conservation of threatened species and endangered species. (h) Definitions.--For the purposes of this section: (1) Districts.--The term ``districts'' means the Oakdale Irrigation District and the South San Joaquin Irrigation District, California. (2) Pilot program.--The term ``pilot program'' means the nonnative predator fish removal pilot program established under this section. (3) Secretary of commerce.--The term ``Secretary of Commerce'' means the Secretary of Commerce acting through the National Marine Fisheries Service. (i) State Law Preempted.-- (1) In general.--Any restriction imposed under California law on the catch, take, or harvest of any nonnative or introduced aquatic or terrestrial species that preys upon anadromous fish and that occupies or is found in the Stanislaus River, or the permitting thereof, is hereby void and is preempted. (2) State permits not required.--Neither the districts nor the Secretaries are required to obtain a Scientific Collection Permit or any other permit or authorization from the California Department of Fish and Wildlife or any other division or instrumentality of the State of California pursuant to section 1002(a) of the California Fish and Game Code, section 5514(a) of the California Fish and Game Code, section 650 or title 14 of the California Code of Regulations, or any other provision of California law to implement any aspect of the pilot program. (j) Sunset.--The authorities provided under this section shall expire 7 years after date of the issuance of the permits referred to in subsection (f)(1).", "summary": "Directs the National Marine Fisheries Service and the Oakdale and South San Joaquin Irrigation Districts in California (the districts) to jointly develop and conduct a pilot program to remove non-native striped bass, smallmouth bass, largemouth bass, black bass, and other non-native predator fish from the Stanislaus River. Requires the program to: (1) be scientifically based; (2) include methods to quantify the number and size of predator fish removed each year, the impact of such removal on the overall abundance of predator fish, and the impact of such removal on the populations of certain juvenile anadromous fish found in the Stanislaus River; and (3) be implemented for seven consecutive years. Requires the districts to be responsible for the cost of such program. Authorizes the Service to accept and use contributions of funds from the districts to carry out activities under the program. Directs: (1) the Service to post, each month, on its Internet website a tabular summary of the raw data collected under the program in the preceding month; and (2) the Service and the districts, by June 30 of the year following the completion of the program, to jointly submit for peer review a report that discusses program's findings and conclusions, synthesizes the data collected, and makes recommendations for further study and action. Voids and preempts any California legal restriction imposed on, or the permitting of, the catch, take, or harvest of any non-native or introduced aquatic or terrestrial species that preys upon specified stocks of anadromous fish and that occupies or is found in the Stanislaus River."}
{"article": "SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Shirley A. Chisholm United States-Caribbean Educational Exchange Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Definitions. Sec. 3. Statement of purpose. Sec. 4. Shirley A. Chisholm United States-Caribbean Educational Exchange Program. Sec. 5. Program to provide educational development assistance for CARICOM countries. Sec. 6. Administrative provisions. Sec. 7. Reporting requirements. Sec. 8. Authorization of appropriations. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--Except as otherwise provided, the term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (3) CARICOM country.--The term ``CARICOM country''-- (A) means a member country of the Caribbean Community (CARICOM); but (B) does not include-- (i) a country having observer status in CARICOM; or (ii) a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (4) Secretary.--Except as otherwise provided, the term ``Secretary'' means the Secretary of State. (5) United states cooperating agency.--The term ``United States cooperating agency'' means-- (A) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), including, to the maximum extent practicable, an historically Black college or university that is a part B institution (as such term is defined in section 322(2) of such Act (20 U.S.C. 1061(2))) or an Hispanic-serving institution (as such term is defined in section 502(5) of such Act (20 U.S.C. 1101a(5))); (B) a higher education association; (C) a nongovernmental organization incorporated in the United States; or (D) a consortium consisting of two or more such institutions, associations, or nongovernmental organizations. SEC. 3. STATEMENT OF PURPOSE. The purpose of this Act is to establish-- (1) an educational exchange program between the United States and CARICOM countries, to be known as the ``Shirley A. Chisholm United States-Caribbean Educational Exchange Program'', pursuant to section 4 to assist in educating promising students and scholars from communities demonstrating the greatest need within CARICOM countries who will invest the knowledge and experiences they gain in the United States back into the community of CARICOM countries; and (2) a program to provide educational development assistance for communities demonstrating the greatest need within CARICOM countries pursuant to section 5. SEC. 4. SHIRLEY A. CHISHOLM UNITED STATES-CARIBBEAN EDUCATIONAL EXCHANGE PROGRAM. (a) Program Authorized.--The Secretary of State is authorized to establish an educational exchange program between the United States and CARICOM countries, to be known as the ``Shirley A. Chisholm United States-Caribbean Educational Exchange Program,'' under which-- (1) secondary school students from CARICOM countries will-- (A) attend a public or private secondary school in the United States; and (B) participate in activities designed to promote a greater understanding of the values and culture of the United States; and (2) undergraduate students, graduate students, post- graduate students, and scholars from CARICOM countries will-- (A) attend a public or private college or university, including a community college, in the United States; and (B) participate in activities designed to promote a greater understanding of the values and culture of the United States. (b) Elements of Program.--The program authorized under subsection (a) shall meet the following requirements: (1) The program will offer scholarships to students and scholars based on merit and need. It is the sense of Congress that scholarships should be offered to students and scholars who evidence merit, achievement, and strong potential for the studies such students and scholars wish to undertake under the program and 60 percent of scholarships offered under the program should be based on financial need. (2) The program will seek to achieve gender equality in granting scholarships under the program. (3) Fields of study under the program will support the labor market and development needs of CARICOM countries, assuring a pool of technical experts to address such needs. (4) The program will limit participation to-- (A) one year of study for secondary school students; (B) two years of study for undergraduate students; and (C) 12 months of study for graduate students, post- graduate students, and scholars. (5) For a period of time equal to the period of time of participation in the program, but not to exceed 2 years, the program will require participants who are students and scholars described in subsection (a)(2) to-- (A) agree to return to live in a CARICOM country and maintain residence in such country, within 6 months of completion of academic studies; or (B) agree to obtain employment that directly benefits the growth, progress, and development of one or more CARICOM countries and the people of such countries. (6) The Secretary may waive, shorten the duration, or otherwise alter the requirements of paragraph (4) in limited circumstances of hardship, humanitarian needs, for specific educational purposes, or in furtherance of the national interests of the United States. (c) Role of United States Cooperating Agencies.--The Secretary shall consult with United States cooperating agencies in developing the program authorized under subsection (a). The Secretary is authorized to provide grants to United States cooperating agencies in carrying out the program authorized under subsection (a). (d) Monitoring and Evaluation of Program.-- (1) In general.--The Secretary shall monitor and evaluate the effectiveness and efficiency of the program authorized under subsection (a). In so doing, the Secretary shall, among other things, evaluate the program's positive or negative effects on brain drain from the participating CARICOM countries and suggest ways in which the program may be improved to promote the basic goal of alleviating brain drain from the participating CARICOM countries. (2) Requirements.--In carrying out paragraph (1), the Secretary shall review on a regular basis-- (A) financial information relating to the program; (B) budget plans for the program; (C) adjustments to plans established for the program; (D) graduation rates of participants in the program; (E) the percentage of participants who are students described in subsection (a)(1) who pursue higher education; (F) the percentage of participants who return to their home country or another CARICOM country; (G) the types of careers pursued by participants in the program and the extent to which such careers are linked to the political, economic, and social development needs of CARICOM countries; and (H) the impact of gender, country of origin, financial need of students, and other relevant factors on the data collected under subparagraphs (D) through (G). SEC. 5. PROGRAM TO PROVIDE EDUCATIONAL DEVELOPMENT ASSISTANCE FOR CARICOM COUNTRIES. (a) Program Authorized.--The Secretary of State, acting through the Administrator of the United States Agency for International Development, is authorized to establish a program to provide educational development assistance for CARICOM countries. (b) Purpose of Program.--The purpose of the program authorized under subsection (a) is to improve primary and secondary education in CARICOM countries by enhancing teacher training, strengthening curriculum and instructional materials, and assisting improvements in school management and public administration of education. (c) Elements of Program.--The program authorized under subsection (a) shall extend and expand upon existing primary and secondary school programs in CARICOM countries to provide-- (1) teacher-training methods and training in subject area studies; (2) classroom and school management; (3) development and modernization of curriculum and instructional materials; (4) increased community involvement in school activities; and (5) local, regional, and national government policy planning on the elements described in paragraphs (1) through (4). (d) Role of United States Cooperating Agencies.--The Secretary shall consult with the Secretary of Education, officials of United States cooperating agencies, and officials of CARICOM countries in developing the program authorized under subsection (a). The Secretary is authorized to make grants to United States cooperating agencies in carrying out the program authorized under subsection (a). (e) Monitoring and Evaluation of Program.--The Secretary shall monitor and evaluate the effectiveness and efficiency of the program authorized under subsection (a). SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Funding From Private Sources and Partnerships With Other Appropriate Entities.--To the maximum extent practicable, the Secretary of State and the Administrator of the United States Agency for International Development should implement the programs authorized under sections 4 and 5 through utilization of funding from private sources to maximize the impact of United States funds under this Act, and through partnerships with appropriate United States organizations, institutions, and corporations. (b) Avoidance of Duplication.--The Secretary and the Administrator shall consult with the Secretary of Education to ensure that-- (1) activities under the programs authorized under sections 4 and 5 are not duplicative of other United States educational programs for CARICOM countries; and (2) United States cooperating agencies and partner institutions in CARICOM countries are accredited by national or regional accrediting bodies. (c) Reporting Under SEVIS.--To the extent necessary, the Secretary shall provide support to United States cooperating agencies that are participating in the program authorized under section 4 in order to fulfill the requirements for student data reporting under the Student and Exchange Visitor Information System (SEVIS). SEC. 7. REPORTING REQUIREMENTS. (a) Report Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on plans to implement the programs authorized under sections 4 and 5. (b) Matters To Be Included.--The report required by subsection (a) shall include-- (1) with respect to implementation of the program authorized under section 4-- (A) a plan for selecting participants in the program, including an estimate of the number of secondary school students, undergraduate students, graduate students, post-graduate students, and scholars from each country, by educational level, who will be selected as participants in the program for each fiscal year; (B) a timeline for selecting United States cooperating agencies that will assist in implementing the program; (C) a financial plan that-- (i) identifies budget plans for each educational level under the program; and (ii) identifies plans or systems to ensure that the costs to public school, college, and university education under the program and the costs to private school, college, and university education under the program are reasonably allocated; and (D) a plan to provide outreach to and linkages with schools, colleges and universities, and nongovernmental organizations in both the United States and CARICOM countries for implementation of the program; and (2) a plan outlining implementation of the program authorized under section 5, identifying the initial countries in which the program will be implemented and a timeline for implementation. (c) Updates of Report.-- (1) In general.--The Secretary shall submit to the appropriate congressional committees updates of the report required by subsection (a) for each fiscal year for which amounts are appropriated pursuant to the authorization of appropriations under section 8. (2) Matters to be included.--Such updates shall include the following: (A) Information on United States cooperating agencies that are selected to assist in implementing the programs authorized under sections 4 and 5. (B) An analysis of the positive and negative impacts the program authorized under section 4 will have or is having on brain drain from the participating CARICOM countries. (C) A description of efforts made by the Secretary and the Administrator to implement the program authorized under section 5. (D) A description of the programs established in each CARICOM country receiving assistance under the program authorized under section 5. Such description shall include a detailed explanation of the extent to which the program and the assistance provided are contributing to the purpose of the program described in section 5(b) in the CARICOM country. (E) An evaluation of additional educational development goals in CARICOM countries, identifying those goals that could be maximized or achieved with United States assistance through the program authorized under section 5. In addition to standard or necessary areas of education review, the evaluation should give attention to factors affecting academic achievement, attrition, and graduation rates in CARICOM countries. The evaluation should suggest ways in which United States assistance can maximize success factors and address factors contributing to poor achievement. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2012. Amounts appropriated pursuant to the authorization of appropriations under this section are in addition to amounts otherwise available for such purposes.", "summary": "Shirley A. Chisholm United States-Caribbean Educational Exchange Act of 2009 - Authorizes the Secretary of State to establish the Shirley Chisholm United States-Caribbean Educational Exchange Program under which scholars and secondary, undergraduate, graduate, and post-graduate students from certain Caribbean countries would attend U.S. schools and participate in activities designed to promote a greater understanding of U.S. values and culture. Authorizes the Secretary, through the United States Agency for International Development (USAID), to establish a program to improve primary and secondary education in such countries by enhancing teacher training, strengthening curriculum and instructional materials, and assisting improvements in school management and public administration of education."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans TRICARE Choice Act''. SEC. 2. COORDINATION BETWEEN TRICARE PROGRAM AND ELIGIBILITY TO MAKE CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. (a) In General.--Section 223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) coverage under the TRICARE program under chapter 55 of title 10, United States Code, for any period with respect to which an election is in effect under section 1097d of such title providing that the individual is ineligible to be enrolled in (and receive benefits under) such program.''. (b) Provisions Relating to Election of Ineligibility Under TRICARE.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1097c the following new section: ``Sec. 1097d. TRICARE program: Election of eligibility ``(a) Election.--A TRICARE-eligible individual may elect at any time to be ineligible to enroll in (and receive any benefits under) the TRICARE program. ``(b) Change of Election.--(1) If a TRICARE-eligible individual makes an election under subsection (a), the TRICARE-eligible individual may later elect to be eligible to enroll in the TRICARE program. An election made under this subsection may be made only during a special enrollment period. ``(2) The Secretary shall ensure that a TRICARE-eligible individual who makes an election under subsection (a) may efficiently enroll in the TRICARE program pursuant to an election under paragraph (1), including by maintaining the individual, as appropriate, in the health care enrollment system under section 1099 of this title in an inactive manner. ``(c) Period of Election.--If a TRICARE-eligible individual makes an election under subsection (a), such election shall be in effect beginning on the date of such election and ending on the date that such individual makes an election under subsection (b)(1) to enroll in the TRICARE program. ``(d) Health Savings Account Participation.--(1) For provisions allowing participation in a health savings account in connection with coverage under a high deductible health plan during the period that the election under subsection (a) is in effect, see section 223(c)(1)(B)(iv) of the Internal Revenue Code of 1986. ``(2) The Secretary shall submit to the Commissioner of Internal Revenue the name of, and any other information that the Commissioner may require with respect to, each TRICARE-eligible individual who makes an election under subsection (a) or (b), not later than 90 days after such election, for purposes of determining the eligibility of such TRICARE-eligible individual for a health savings account described in paragraph (1). ``(e) Records.--The Secretary shall ensure that a TRICARE-eligible individual who makes an election under subsection (a) is maintained on the Defense Enrollment Eligibility Reporting System, or successor system, regardless of whether the individual is eligible for the TRICARE program during the period of such election. ``(f) Annual Report.--Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the congressional defense committees a report on elections by TRICARE-eligible individuals under this section that includes the following: ``(1) The number of TRICARE-eligible individuals, as of the date of the submittal of the report, who are ineligible to enroll in (and receive any benefits under) the TRICARE program pursuant to an election under subsection (a). ``(2) The number of TRICARE-eligible individuals who made an election described under subsection (a) but, as of the date of the submittal of the report, are enrolled in the TRICARE program pursuant to a change of election under subsection (b). ``(g) Definitions.--In this section: ``(1) The term `TRICARE-eligible individual' means an individual who is eligible to be a covered beneficiary entitled to health care benefits under the TRICARE program (determined without regard to this section). ``(2) The term `special enrollment period' means the period in which a beneficiary under the Federal Employees Health Benefits program under chapter 89 of title 5 may enroll in or change a plan under such program by reason of a qualifying event or during an open enrollment season. For purposes of this section, such qualifying events shall also include events determined appropriate by the Secretary of Defense, including events relating to a member of the armed forces being ordered to active duty.''. (2) Conforming amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1097c the following new item: ``1097d. TRICARE program: Election of eligibility.''.", "summary": "Veterans TRICARE Choice Act Allows an individual who is eligible to participate in the TRICARE program (a Department of Defense [DOD] managed health care program) to: (1) elect to be ineligible to enroll in such program, (2) make tax deductible contributions to a health savings account during the period such individual elects to be ineligible for TRICARE coverage, and (3) enroll in the TRICARE program at a later date during a special enrollment period. Requires DOD to: (1) submit to the Internal Revenue Service information on each TRICARE-eligible individual who makes such election for purposes of determining such individual's eligibility for a health savings account; and (2) report to Congress, annually, on elections by TRICARE-eligible individuals under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``SCHIP Enhancement Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The State children's health insurance program (SCHIP) established under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) currently limits coverage of children under that program to children whose family income does not exceed 200 percent of the Federal poverty line or 50 percentage points above the State's medicaid applicable income level. (2) Three million uninsured children (over 1 of every 4 such children) have family incomes that exceed 200 percent of the Federal poverty line, and 1,400,000 of those uninsured children would be provided health insurance coverage if the income eligibility level for SCHIP were increased to 300 percent of the Federal poverty line. SEC. 3. STATE OPTION TO EXPAND INCOME ELIGIBILITY UNDER SCHIP. (a) Definition of Low-Income Child.--Section 2110(c)(4) of the Social Security Act (42 U.S.C. 42 U.S.C. 1397jj(c)(4)) is amended-- (1) by striking ``The term'' and inserting the following: ``(A) In general.--The term''; and (2) by adding at the end the following new subparagraph: ``(B) State option to expand eligibility.-- ``(i) In general.--A State may elect through a plan amendment to apply subparagraph (A) as if `300 percent' were substituted for `200 percent'. ``(ii) No effect on determination of section 2104 allotments.--An election under clause (i) shall have no effect on the determination of a State's allotment under subsection (b) or (c) of section 2104.''. (b) Effective Date.--The amendments made by subsection (a) apply to child health assistance provided on or after October 1, 2001. SEC. 4. ADDITIONAL ALLOTMENTS FOR STATES THAT EXPAND INCOME ELIGIBILITY UNDER SCHIP. (a) In General.--Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) is amended by adding at the end the following new section: ``SEC. 2111. ADDITIONAL ALLOTMENTS FOR STATES THAT OPT TO EXPAND INCOME ELIGIBILITY. ``(a) Eligibility for Additional Allotments.--A State that, not later than December 31 of any fiscal year, meets the following requirements shall be eligible for the additional allotments determined for the State under subsection (b) for that fiscal year: ``(1) Increase in income eligibility.--The State submits to the Secretary a certification by the chief executive officer of the State that, during the fiscal year, the State child health plan (whether implemented under title XIX or under this title) will have an income standard for children that is at least-- ``(A) with respect to the additional allotment determined under subsection (b)(1), 250 percent of the poverty line; and ``(B) with respect to the additional allotment determined under subsection (b)(2), 300 percent of the poverty line. ``(2) Submission of information required for certain uses of the additional allotment.--In the case of a State that intends to use the additional allotment provided under subsection (b)(2) for the purpose described in subsection (c)(3), the State submits to the Secretary a description of the reasonable planning and implementation costs the State expects to incur in providing premium assistance for family coverage under an employer-sponsored group health plan in accordance with subsection (d). ``(b) Determination of Additional Allotments.-- ``(1) States that increase income standard to 250 percent.--With respect to $617,000,000 of the amount available for the additional allotments under subsection (e) for a fiscal year, the Secretary shall allot an amount to each State with a State child health plan approved under this title that satisfies the requirements of paragraph (1)(A) and, if applicable, paragraph (2) of subsection (a)-- ``(A) in the case of such a State other than a commonwealth or territory described in subparagraph (B), an amount determined to bear the same ratio to $617,000,000 as the State's allotment under section 2104(b) (determined without regard to section 2104(f)) bears to 98.95 percent of the total amount of the allotments determined under section 2104(b) for such States for such fiscal year; and ``(B) in the case of a commonwealth or territory described in section 2104(c)(3), determined to bear the same ratio to $617,000,000 as the commonwealth's or territory's allotment under section 2104(c) (determined without regard to section 2104(f)) bears to 1.05 percent of the total amount of the allotments determined under section 2104(c) for commonwealths and territories for such fiscal year. ``(2) States that increase income standard to 300 percent.-- ``(A) In general.--With respect to $383,000,000 of the amount available for the additional allotments under subsection (e) for a fiscal year, the Secretary shall allot an amount to each State with a State child health plan approved under this title that satisfies the requirements of paragraph (1)(B) and, if applicable, paragraph (2) of subsection (a) determined in the same manner as the additional allotments under paragraph (1). ``(B) Allotments in addition to 250 percent allotments.--The allotments provided under this paragraph to a State shall be in addition to the allotments provided to the State under paragraph (1). ``(3) Availability.-- ``(A) 3-year availability.--Except as provided in subparagraph (B), amounts allotted to a State under paragraph (1) and, if applicable, paragraph (2) for a fiscal year shall remain available for expenditure by the State through the end of the second succeeding fiscal year. ``(B) Return of unused allotments.--The allotments set-aside under paragraphs (1) and (2) for a fiscal year for any State that has not met the requirements of subsection (a) on January 1 of that fiscal year shall be returned to the Treasury. ``(c) Use of Additional Allotments.--The additional allotments provided under subsection (b) to a State for a fiscal year may be-- ``(1) combined with the State's allotment for the fiscal year determined under section 2104 and used to provide child health assistance to all targeted low-income children under the State child health plan; or ``(2) used for-- ``(A) a premium assistance program under which the State pays part of the premiums for coverage of a child who is eligible for child health assistance under group health insurance or a group health plan in accordance with subsection (d); and ``(B) reasonable planning and implementation costs specified by the State under subsection (a)(2) without regard to the limitation on such costs under section 2105(c)(2)(A). ``(d) Premium Assistance for Family Coverage Under an Employer- Sponsored Group Health Plan.--The additional allotments provided under subsection (b) to a State for a fiscal year may be used for a premium assistance program that meets the following requirements: ``(1) The premium assistance program is cost-effective. ``(2) The State provides assurances that a child provided such assistance will receive the minimum benefits and cost- sharing protections established under this title either through the employer-sponsored group health plan or as a supplement to such coverage. ``(3) Employees eligible for employer-sponsored health coverage apply for the full premium contribution available from the employer. ``(4) The State evaluates the amount of substitution that occurs as a result of the premium assistance program and the effect of the program on access to health coverage. ``(e) Appropriation.--For the purpose of providing additional allotments under this section to States that meet the requirements of subsection (a), there is appropriated, out of any money in the Treasury not otherwise appropriated, for each of fiscal years 2002 through 2011, $1,000,000,000.''. SEC. 5. EVALUATION AND REPORT ON PREMIUM ASSISTANCE FOR FAMILY COVERAGE. (a) In General.--The Secretary of Health and Human Services shall conduct an evaluation of any premium assistance programs conducted with the allotments provided to States under section 2111(b) of the Social Security Act (as added by section 4). Such evaluation shall identify any implementation problems with the provision of such assistance and whether the assistance has supplanted health insurance coverage that otherwise would be provided to such children. (b) Report.--Not later than January 1, 2006, the Secretary of Health and Human Services shall submit to Congress a report on the evaluation conducted under subsection (a), together with any recommendations for legislation that the Secretary determines to be appropriate as a result of such evaluation.", "summary": "SCHIP Enhancement Act of 2001 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to give States the option to expand income eligibility under SCHIP to children whose family income totals up to 300 percent (currently only 200 percent) of the Federal poverty line. Provides for additional allotments for States that expand income eligibility under SCHIP, allowing such allotments to be used for premium assistance for family coverage under an employee-sponsored group health plan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Worker Mobility Act of 2014''. SEC. 2. RELOCATION SUBSIDIES FOR THE LONG-TERM UNEMPLOYED. (a) In General.--The Secretary of Labor may grant a relocation subsidy to an eligible individual who meets the requirements of this section. (b) Meaning of Eligible Individual.--For purposes of this section, an eligible individual is an individual who, as of the date of the application for a relocation subsidy under this section-- (1) is totally unemployed and has been totally unemployed for at least 26 consecutive weeks; (2) has exhausted all rights to regular compensation under the law of a State or under Federal law with respect to a benefit year (excluding any benefit year ending before July 1, 2008); (3) has not received a relocation subsidy under this section in the 2-year period preceding such date of application; and (4) is able to work, available to work, and actively seeking work. (c) Requirements for Grant.--The Secretary of Labor may not grant a relocation subsidy to an eligible individual under this section unless the Secretary determines that-- (1) the relocation subsidy will assist such individual in relocating within the United States, at least 60 miles from the individual's current residence, for the purpose of attaining employment; (2) such individual filed an application with the Secretary not later than January 1, 2019; and (3) such individual-- (A) has obtained a bona fide offer of suitable employment affording a reasonable expectation of long- term duration in the area in which the individual wishes to relocate; or (B) wishes to relocate to an area that has an unemployment rate that is at least 2 percentage points less than the unemployment rate of the area of the individual's initial residence. (d) Amount of Subsidy.--A relocation subsidy granted to an eligible individual under this section shall be equal to the lesser of $10,000 or the amount that any contribution by a potential employer of the individual to the individual's relocation expenses is exceeded by the sum of-- (1) 90 percent of the reasonable and necessary expenses incurred in transporting the worker, the worker's family, and household effects, plus (2) a lump sum equivalent to 3 times the individual's weekly benefit amount for the most recent benefit year (as such terms are defined in the State law), up to a maximum payment of $1,250. (e) Regulations.--Prior to granting any relocation subsidies under subsection (a), the Secretary of Labor shall issue regulations designed to prevent fraud or abuse relating to the program established under this Act. (f) No Additional Funds Authorized.--No additional appropriations are authorized for any fiscal year to carry out this Act. (g) Definitions.--For purposes of this section-- (1) the term ``regular compensation'' has the meaning given the term in section 205(2) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note), as in effect prior to January 1, 2014; and (2) the term ``suitable work''-- (A) means suitable work as defined in the applicable State law for claimants for regular compensation; and (B) does not include self-employment or employment as an independent contractor. (h) Reports.--Not later than March 15 of each of calendar years 2015 and 2017, the Secretary of Labor shall submit a report to Congress that identifies, by geographic region-- (1) the total number of relocation subsidies granted to individuals under this section during the calendar year preceding each such calendar year; (2) the total number of relocation subsidies granted to individuals pursuant to subsection (c)(3)(A) during such calendar year; (3) the total number of relocation subsidies granted to individuals pursuant to subsection (c)(3)(B) during such calendar year, and the number of such individuals who obtained employment within 1 month, 3 months, and 6 months, respectively, after the individual's relocation; (4) the average amount of a relocation subsidy granted during such calendar year; (5) the average distance traveled for relocation by each individual receiving a relocation subsidy during such calendar year; and (6) the number of individuals who received a relocation subsidy under this section during such calendar year and subsequently applied for unemployment benefits.", "summary": "American Worker Mobility Act of 2014 - Authorizes the Secretary of Labor to grant a relocation subsidy of up to $10,000 to an individual who: (1) has been totally unemployed for at least 26 consecutive weeks; (2) has exhausted all rights to state or federal unemployment compensation; (3) has not received a relocation subsidy for the two-year period preceding the subsidy application; and (4) is able to work, available to work, and actively seeking work. Prescribes subsidy program requirements. Directs the Secretary to issue regulations to prevent program fraud or abuse."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Afterschool STEM Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Numerous authoritative studies document that the proficiency of students in the United States in science, technology, engineering, and mathematics (``STEM'') will have a major impact on the Nation's future economic competitiveness and on the preeminence of the United States in scientific inquiry and technological innovation. (2) Results from the National Assessment of Educational Progress, the Trends in International Mathematics and Science Study, the Programme for International Science Assessment, and other sources show that students in the United States are not demonstrating sufficient achievement in the STEM subjects and are not keeping pace with students in other countries. (3) Research demonstrates the importance of afterschool programs in engaging students in STEM fields and building STEM- relevant skills and proficiencies, especially for girls, students from populations traditionally underrepresented in STEM fields, and students from low socioeconomic circumstances. (4) A National Research Council consensus study confirmed the importance of learning that occurs in out-of-school-time settings such as afterschool programs and science centers, and proposed a set of ``strands of science learning'' framework that articulated capabilities fostered by informal learning environments. (5) According to a 2013 study entitled ``Defining Youth Outcomes for STEM Learning in Afterschool'', the afterschool field is confident in its ability to help young people develop interest in STEM and STEM learning activities, develop capacities to productively engage in such activities, and come to value them. The afterschool field is also confident that it can impact skills such as problem-solving abilities, demonstrating STEM skills, career awareness, and 21st century skills, such as teamwork, that are important to the workforce and national economic goals. (6) The Federal Government should use its resources as effectively as possible to increase opportunities for students to be exposed to STEM subjects outside of the school day and to build a balanced kindergarten through grade 12 STEM education portfolio that fosters learning in school as well as in out-of- school-time programs. (7) Afterschool programs have long partnered with other youth-serving and community organizations to meet the needs of students. Cross-sector collaborations between afterschool programs, schools, science centers, institutions of higher education, businesses, and other entities are yielding great benefits for engaging young people in STEM fields. (8) As interest and momentum grows around STEM programming in afterschool, more and better partnerships across Federal agencies become increasingly important to leverage resources and offer high-quality, hands-on STEM experiences for youth. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to enhance America's economic competitiveness by strengthening STEM education through fostering interest and success in STEM subjects among certain student populations in kindergarten through grade 12; (2) to engage Federal agencies and foster interagency collaboration in STEM education afterschool program investments; (3) to recognize the important role that afterschool programs offered by nonprofit and community-based organizations, science centers, museums, libraries, and other such entities, play in STEM education and to support their efforts; (4) to involve institutions of higher education as partners in such efforts and foster increased collaboration; and (5) to inspire young people to study and work in STEM subjects. SEC. 4. DEFINITIONS. In this Act: (1) Afterschool or stem network.--The term ``afterschool or STEM network'' means a coalition that fosters partnerships and provides support to afterschool program providers and STEM education providers to develop and sustain quality education programming for children and youth in afterschool programs. (2) Afterschool program.--The term ``afterschool program'' means a structured program offered for elementary school, middle school, or secondary school students when school is not in session, such as before or after school, on the weekend, or during the summer. (3) Director.--The term ``Director'' means the Director of the National Science Foundation. (4) Elementary school.--The term ``elementary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Middle school.--The term ``middle school'' means a nonprofit institutional day or residential school, including a public charter school, that provides middle grades education, as determined under State law. (6) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (8) STEM.--The term ``STEM'' means science, technology, engineering, or mathematics, and includes the fields of computer science and robotics. SEC. 5. AFTERSCHOOL STEM SUPPORT GRANT PROGRAM. (a) Goals of Program.--The goals of the afterschool STEM grant program carried out under this Act are-- (1) to support the development and delivery of high-quality STEM education to populations underrepresented in STEM fields; (2) to leverage the expertise and infrastructure available to afterschool programs that include STEM content through afterschool or STEM networks; (3) to leverage existing Federal STEM education investments, as of the date of enactment of this Act, in order to encourage STEM-focused grant recipients to lend their time and expertise to afterschool programs that include STEM content; and (4) to provide hands-on learning and exposure to STEM research facilities and businesses through in-person or virtual distance-learning experiences. (b) Program Authorized.-- (1) In general.--From amounts appropriated to carry out this Act and not reserved under paragraph (4), the Director shall award grants, on a competitive basis, to afterschool or STEM networks-- (A) to support afterschool programs that include STEM content through the activities described in subsection (e); and (B) to carry out the goals described in subsection (a). (2) Duration.--Each grant awarded under this Act shall be for a period of not more than 3 years. (3) Amounts.--The Director shall ensure that each grant awarded under this Act is in an amount that is sufficient to carry out the goals described in subsection (a). (4) Reservation.--From the amounts appropriated for this grant, the Director shall reserve 20 percent of such funds to develop and support new afterschool or STEM networks in States or areas where such networks do not exist. (c) Application.-- (1) In general.--An afterschool or STEM network desiring a grant under subsection (b)(1) shall submit an application at such time, in such manner, and containing such information that the Director may require. (2) Contents.--The application described in paragraph (1) shall, at a minimum, include-- (A) a description of the status of afterschool STEM programming in the State or area in which the afterschool or STEM network is located, including-- (i) the number of afterschool programs in the State or area; (ii) the number of such afterschool programs focused on STEM subjects and activities; (iii) the number of students served by existing afterschool programs, as of the date of the application, in the State or area; (iv) the number of students served by existing afterschool programs that include STEM content in the State or area; (v) the unmet demand for afterschool programs in the State or area; and (vi) the unmet demand for afterschool programs focused on STEM subjects and activities in the State or area; (B) an analysis of existing and needed resources that identifies areas and populations most in need of opportunities for high-quality afterschool programs that include STEM content; (C) a description of the current and past work carried out by the afterschool or STEM network to support the needs of afterschool program providers in the State or area served by the network; (D) a detailed plan that describes initiatives that shall be undertaken to-- (i) support and grow afterschool programs that include STEM content; and (ii) leverage existing Federal investments in afterschool programs and STEM education, as of the date of the application; (E) a description of financial and other commitments that support expanded afterschool STEM programming in the State or area served by the network; and (F) a description of any confirmed or potential partners that will work with the afterschool or STEM network to carry out the activities under the grant. (d) Priority.--In awarding grants under subsection (b)(1), the Director shall give priority to applications from afterschool or STEM networks that-- (1) demonstrate a clear understanding of the afterschool programs and settings, and the status of afterschool programs that include STEM content, in the State or area to be served by the grant; (2) have established working relationships with afterschool program and STEM education stakeholders in the State or area; (3) are working to advance the availability of high-quality afterschool programs that include STEM content for underserved populations and populations underrepresented in STEM fields, including girls; and (4) are leveraging Federal or other public investments in STEM education or afterschool programming. (e) Uses of Funds.--An afterschool or STEM network that receives a grant under subsection (b)(1) may use grant funds to carry out any of the following activities: (1) Develop quality standards for STEM programming in afterschool programs and provide technical assistance to afterschool programs to implement such standards. (2) Work with State education stakeholders to define and promote appropriate measurable outcomes for afterschool programs that include STEM content. (3) Provide technical assistance to afterschool programs to start or grow their afterschool STEM efforts and define appropriate learning outcomes for such efforts. (4) Coordinate professional development for afterschool program educators by-- (A) identifying training programs that are available, as of the time of the identification, for afterschool program educators; (B) working with partners to allow joint professional development with teachers at elementary schools, middle schools, and secondary schools, as appropriate; and (C) partnering with teacher training programs to utilize afterschool programs for practicum experiences, employment placements, and other opportunities. (5) Help afterschool program providers form strategic partnerships as needed to advance STEM learning in afterschool programs, including partnerships with elementary schools, middle schools, secondary schools, institutions of higher education (including community colleges and programs and schools of education), businesses, research facilities, national laboratories, science centers, and other appropriate entities. (6) Create and disseminate tool kits to afterschool programs wanting to form partnerships and incorporate STEM professionals as mentors and role models that-- (A) provide technical assistance and guidance, including assistance in connecting afterschool program providers with STEM researchers and professionals who may be able to assist in STEM-focused activities; (B) include-- (i) examples of strong afterschool programs that have incorporated such partnerships to serve as models; (ii) a list of potential partners that could assist in STEM-focused activities; and (iii) guidance on how to engage STEM professionals, mentors, and role models in the program; and (C) identify federally supported STEM education programs and research in the State or area served by the grant. (7) Provide technical assistance to federally funded STEM researchers and professionals who wish to engage with afterschool programs that, at a minimum, includes-- (A) examples of partnerships between afterschool programs and institutions rich in STEM resources; (B) a resource that provides a description of the afterschool program setting, the opportunities for engagement in afterschool programs, and the constraints of which the researchers or professionals need to be aware; (C) how to find an afterschool program provider with which the researcher or professional would like to engage; (D) how to ensure an effective and productive partnership with the afterschool provider through mutually beneficial engagement, and engage in a productive conversation with the afterschool provider to determine if the partnership will be productive; (E) how to craft a mutually beneficial engagement and partnership; and (F) guidance on how to measure appropriate outcomes for afterschool programs and afterschool programs that include STEM content. (8) Any other activity, as proposed in the application and determined appropriate by the Director. (f) Report.--Each afterschool or STEM network receiving a grant under subsection (b)(1) shall submit an annual report to the Director regarding the progress of the grant. SEC. 6. FEDERAL PARTNERSHIP WITH AFTERSCHOOL PROGRAMS. Beginning not later than 180 days after the date of enactment of this Act, the Director shall provide information, to each recipient of a STEM research grant under the authority of the Director, on opportunities to engage with students in out-of-school-time programs, such as through mentorships. Such information shall include-- (1) a listing of all afterschool or STEM program networks in the region of the recipient; (2) a toolkit that provides guidance to federally funded STEM researchers on how to engage and partner with afterschool STEM program providers and lend their time and expertise in afterschool programs that include STEM content; (3) information regarding how to create opportunities to have students visit laboratories; and (4) guidance regarding how to create age-appropriate research projects for students. SEC. 7. REPORT. By not later than 180 days after the date of enactment of this Act, the Director shall prepare and submit to Congress a report on Federal STEM investments in afterschool programs and the best practices for afterschool programs incorporating STEM subjects into their programs.", "summary": "Supporting Afterschool STEM Act Requires the Director of the National Science Foundation (NSF) to establish an afterschool STEM (Science, Technology, Engineering, and Mathematics) grant program awarding competitive grants to afterschool or STEM networks to: develop quality standards for STEM programming in afterschool programs and provide those programs with technical assistance in implementing such standards, work with state education stakeholders to define and promote appropriate measurable outcomes for afterschool programs that include STEM content, provide technical assistance to afterschool programs to start or grow their afterschool STEM efforts and define appropriate learning outcomes for such efforts, coordinate professional development for afterschool program educators, help afterschool program providers form strategic partnerships to advance STEM learning in afterschool programs, create and disseminate tool kits to afterschool programs wanting to form partnerships and incorporate STEM professionals as mentors and role models, and provide technical assistance to federally funded STEM researchers and professionals who wish to engage with afterschool programs. Requires the Director to reserve 20% of the funds appropriated for such grant program to develop and support new afterschool or STEM networks in states or areas where they do not exist. Defines: (1) an "afterschool program" as a structured program offered for elementary, middle, or secondary school students when school is not in session, such as before or after school, on the weekend, or during the summer; and (2) an "afterschool or STEM network" as a coalition that fosters partnerships and provides support to afterschool program providers and STEM education providers. Includes as goals of the grant program: (1) to support the development and delivery of high-quality STEM education to populations underrepresented in STEM fields, and (2) to provide hands-on learning and exposure to STEM research facilities and businesses through in-person or virtual distance-learning experiences. Requires the Director to provide each recipient of a STEM research grant who is under the Director's authority with information on opportunities to engage with students in out-of-school-time programs, such as through mentorships."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom and Broadband Deployment Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Internet access services are inherently interstate and international in nature, and should therefore not be subject to regulation by the States. (2) The imposition of regulations by the Federal Communications Commission and the States has impeded the rapid delivery of high speed Internet access services to the public, thereby reducing consumer choice and welfare. (3) The Telecommunications Act of 1996 represented a careful balance between the need to open up local telecommunications markets to competition and the need to increase competition in the provision of interLATA voice telecommunications services. (4) In enacting the prohibition on Bell operating company provision of interLATA services, Congress recognized that certain telecommunications services have characteristics that render them incompatible with the prohibition on Bell operating company provision of interLATA services, and exempted such services from the interLATA prohibition. (5) High speed data services and Internet access services constitute unique markets that are likewise incompatible with the prohibition on Bell operating company provision of interLATA services. (6) Since the enactment of the Telecommunications Act of 1996, the Federal Communications Commission has construed the prohibition on Bell operating company provision of interLATA services in a manner that has impeded the development of advanced telecommunications services, thereby limiting consumer choice and welfare. (7) Internet users should have choice among competing Internet service providers. (8) Internet service providers should have the right to interconnect with high speed data networks in order to provide service to Internet users. (b) Purposes.--It is therefore the purpose of this Act to provide market incentives for the rapid delivery of advanced telecommunications services-- (1) by deregulating high speed data services and Internet access services; (2) by clarifying that the prohibition on Bell operating company provision of interLATA services does not extend to the provision of high speed data services and Internet access services; (3) by ensuring that consumers can choose among competing Internet service providers; and (4) by ensuring that Internet service providers can interconnect with competitive high speed data networks in order to provide Internet access service to the public. SEC. 3. DEFINITIONS (a) Amendments.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraph (20) as paragraph (21); (2) by redesignating paragraphs (21) through (52) as paragraphs (24) through (54), respectively; (3) by inserting after paragraph (19) the following new paragraph: ``(20) High speed data service.--The term `high speed data service' means any service that consists of or includes the offering of a capability to transmit, using a packet-switched or successor technology, information at a rate that is generally not less than 384 kilobits per second in at least one direction.''; (4) by inserting after paragraph (22) the following new paragraphs: ``(23) Internet.--The term ``Internet'' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. ``(24) Internet Access Service.--The term `Internet access service' means (A) a service that combines computer processing, information storage, protocol conversion, and routing with transmission to enable users to access Internet content and services, and (B) the transmission of such service, but does not include the portion of such transmission from the user to the provider of such service.''. (b) Conforming Amendments.-- (1) Section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)) is amended-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. (2) Section 223(h)(2) of such Act (47 U.S.C. 223(h)(2)) is amended by striking ``230(f)(2)'' and inserting ``230(f)(1)''. SEC. 4. LIMITATION ON AUTHORITY TO REGULATE HIGH SPEED DATA SERVICES. (a) In General.--Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the following new section: ``SEC. 232. PROVISION OF HIGH SPEED DATA SERVICES. ``(a) Freedom From Regulation.--Except to the extent that high speed data service and Internet access service are expressly referred to in this Act, neither the Commission, nor any State, shall have authority to regulate the rates, charges, terms, or conditions for, or entry into the provision of, any high speed data service or Internet access service, or to regulate the facilities used in the provision of either such service. ``(b) Savings Provision.--Nothing in this section shall be construed to limit or affect the authority of any State to regulate voice telephone exchange services, nor affect the rights of cable franchise authorities to establish requirements that are otherwise consistent with this Act. ``(c) Continued Enforcement of ESP Exemption, Universal Service Rules Permitted.--Nothing in this section shall affect the ability of the Commission to retain or modify-- ``(1) the exemption from interstate access charges for enhanced service providers under Part 69 of the Commission's Rules; or ``(2) rules issued pursuant to section 254.''. (b) Conforming Amendment.--Section 251 of the Communications Act of 1934 (47 U.S.C. 251) is amended by adding at the end thereof the following new subsection: ``(j) Exemption.-- ``(1) In general.--Notwithstanding the provisions of subsections (c) and (d), the Commission shall not require an incumbent local exchange carrier to-- ``(A) provide unbundled access to any network elements used in the provision of any high speed data service, other than those network elements described in section 51.319 of the Commission's regulations (47 C.F.R. 51.319), as in effect on January 1, 1999; or ``(B) offer for resale at wholesale rates any high speed data service. ``(2) Authority to reduce elements subject to requirement.--Paragraph (1)(A) shall not prohibit the Commission from modifying the regulation referred to in that paragraph to reduce the number of network elements subject to the unbundling requirement, or to forbear from enforcing any portion of that regulation in accordance with the Commission's authority under section 706 of the Telecommunications Act of 1996, notwithstanding any limitation on that authority in section 10 of this Act.''. SEC. 5. INTERNET CONSUMERS FREEDOM OF CHOICE. Part I of title II of the Communications Act of 1934, as amended by section 4, is amended by adding at the end the following new section: ``SEC. 233. INTERNET CONSUMERS FREEDOM OF CHOICE. ``(a) Purpose.--It is the purpose of this section to ensure that Internet users have freedom of choice of Internet service provider. ``(b) Obligations of Incumbent Local Exchange Carriers.--- Each incumbent local exchange carrier has the duty to provide-- ``(1) Internet users with the ability to subscribe to and have access to any Internet service provider that interconnects with such carrier's high speed data service; ``(2) any Internet service provider with the right to acquire the facilities and services necessary to interconnect with such carrier's high speed data service for the provision of Internet access service; and ``(3) any Internet service provider with the ability to collocate equipment in accordance with the provisions of section 251, to the extent necessary to achieve the objectives of paragraphs (1) and (2) of this subsection. ``(c) Definitions.--As used in this section-- ``(1) Internet service provider.--The term `Internet service provider' means any provider of Internet access service. ``(2) Incumbent local exchange carrier.--The term `incumbent local exchange carrier' has the same meaning as provided in section 251(h).''. SEC. 6. INCIDENTAL INTERLATA PROVISION OF HIGH SPEED DATA AND INTERNET ACCESS SERVICES. (a) Incidental InterLATA Service Premitted.--Section 271(g) of the Communications Act of 1934 (47 U.S.C. 271(g)) is amended-- (1) by striking ``or'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``; or''; and (3) by adding at the end thereof the following new paragraph: ``(7) of high speed data service or Internet access service.''. (b) Prohibition on Marketing Voice Services.--Section 271 of such Act is amended by adding at the end thereof the following new subsection: ``(k) Prohibition on Marketing Voice Telephone Services.--Until the date on which a Bell operating company is authorized to offer interLATA services originating in an in-region State in accordance with the provisions of this section, such Bell operating company offering any high speed data service or Internet access service pursuant to the provisions of paragraph (7) of subsection (g) may not, in such in- region State market, bill, or collect for interLATA voice telecommunications service obtained by means of the high speed data service or Internet access service provided by such company.''. (c) Conforming Amendments.-- (1) Section 272(a)(2)(B)(i) of such Act is amended to read as follows: ``(i) incidental interLATA services described in paragraphs (1), (2), (3), (5), (6), and (7) of section 271(g).''. (2) Section 272(a)(2)(C) of such Act is repealed.", "summary": "Internet Freedom and Broadband Deployment Act of 1999 - Amends the Communications Act of 1934 to define \"high speed data service\" as a service capable of transmitting electronic information at a rate generally not less than 384 kilobits per second in at least one direction. Prohibits the Federal Communications Commission (FCC) and each State, except as expressly provided in this Act, from regulating the rates, charges, terms or conditions for, or entry into the provision of, any high speed data service or Internet access service, or to regulate the facilities used in the provision of such service. Prohibits the FCC from requiring an incumbent (established) local exchange carrier to: (1) provide unbundled access to any network elements used in the provision of any high speed data service, other than those elements described in FCC regulations; or (2) offer for resale at wholesale rates any high speed data service. States that nothing in this Act shall: (1) limit or affect the authority of any State to regulate voice telephone exchange services; (2) affect the ability of the FCC to retain or modify the exemption from interstate access charges for enhanced service providers; or (3) prohibit the FCC from modifying the regulation concerning the number of networks subject to its unbundling requirement. Requires each incumbent local exchange carrier to provide: (1) Internet users with the ability to subscribe to and have access to any Internet service provider that interconnects with such carrier's high speed data service; (2) any Internet service provider with the right to acquire necessary facilities and services to facilitate such interconnection; and (3) any Internet service provider with the ability to collocate equipment in order to achieve such interconnection. Includes high speed data service or Internet access service within the definition of \"incidental interLATA services\" permitted for a Bell operating company (BOC). States that, until the date a BOC is authorized to offer interLATA services originating in an in-region State, such BOC offering any high speed data service or Internet access service may not, in such State, bill or collect for interLATA voice telecommunications service obtained by means of such high speed data or Internet access service provided by such company."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Access to Affordable Insurance for all Americans Act of 2004''. SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE. (a) In General.--Subpart G of part III of title 5, United States Code, is amended by inserting after chapter 89 the following: ``CHAPTER 89A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES ``Sec. ``8951. Definitions. ``8952. Health insurance for non-Federal employees. ``8953. Contract requirement. ``8954. Eligibility of non-Federal employees. ``8955. Alternative conditions to Federal employee health benefits plans. ``Sec. 8951. Definitions ``In this chapter-- ``(1) the terms defined under section 8901 shall have the meanings given such terms under that section; and ``(2) the term `Office' means the Office of Personnel Management. ``Sec. 8952. Health insurance for non-Federal employees ``(a) The Office of Personnel Management shall administer a health insurance program for non-Federal employees in accordance with this chapter. ``(b) Except as provided under this chapter, the Office shall prescribe regulations to apply the provisions of chapter 89 to the greatest extent practicable to eligible individuals covered under this chapter. ``Sec. 8953. Contract requirement ``(a) In each calendar year, the Office shall enter into a contract with 1 or more carriers to make available 1 or more health benefits plans (subject to the provisions of this chapter) to eligible individuals under this chapter. ``(b) In carrying out this section, the Office may require 1 or more carriers to enter into a contract described in subsection (a), as a condition of entering into a contract under section 8902. ``Sec. 8954. Eligibility of non-Federal employees ``(a) Except as provided under subsection (b), any individual may enroll in a health benefits plan under this section. ``(b) An individual may not enroll in a health benefits plan under this chapter, if the individual-- ``(1) is 65 years of age or older; ``(2) is enrolled or eligible to enroll for coverage under a public health insurance program, including coverage under title XVIII of the Social Security Act, coverage under a State plan under title XIX of such Act, coverage under a State plan under title XX of such Act, or coverage under any other program determined by the Office; ``(3) is enrolled or eligible to enroll in a plan under chapter 89; or ``(4) is a member of the uniformed services as defined under section 101(a)(5) of title 10. ``Sec. 8955. Alternative conditions to Federal employee health benefits plans ``(a) Rates charged and premiums paid for a health benefits plan under this chapter may differ between or among geographic regions. ``(b) No Government contribution shall be made for any individual under this chapter. ``(c) In the administration of this chapter, the Office shall ensure that individuals covered under this chapter shall be in a risk pool that is separate from the risk pool maintained for individuals covered under chapter 89.''. (b) Technical and Conforming Amendments.-- (1) Contract requirement under chapter 89.--Section 8902 of title 5, United States Code, is amended by adding after subsection (o) the following: ``(p) Each contract under this chapter may include, at the discretion of the Office, a provision that the carrier shall enter into a contract to provide 1 or more health benefits plans as described under chapter 89A.''. (2) Table of chapters.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 89 the following: ``89A. Health Insurance for Non-Federal Employees........... 8951''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to contracts that take effect with respect to the calendar year following such date of enactment. SEC. 3. CREDIT FOR HEALTH INSURANCE COSTS OF CERTAIN NON-FEDERAL EMPLOYEES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``SEC. 36. HEALTH INSURANCE COSTS OF CERTAIN NON-FEDERAL EMPLOYEES. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to the applicable percentage of the amount paid during such taxable year by the taxpayer for coverage of the taxpayer and family members under the health insurance plan established under chapter 89A of title 5, United States Code. ``(b) Applicable Percentage.--For purposes of subsection (a)-- ``(1) In general.--The applicable percentage shall be determined in accordance with the table under paragraph (2). ``(2) Determination of applicable percentage.-- ``In the case of any taxpayer whose The applicable percentage is-- family income is the following percentage of the poverty line-- Not more than 100 percent..................... 100 percent More than 100, but not more than 200 percent.. 65 percent More than 200, but not more than 300 percent.. 40 percent More than 300, but not more than 400 percent.. 30 percent More than 400 percent......................... 0 percent. ``(3) Poverty line.--For purposes of paragraph (2), the term `poverty line' means the poverty line as defined in section 673(2) of the Community Services Block Grant Act, for a family of the size involved. ``(c) Special Rules.-- ``(1) Coordination with advance payments of credit.--With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7528 for such taxable year. ``(2) Coordination with other deductions.--Amounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162(l) or 213. ``(3) Treatment of payments.--For purposes of this section, payments made by the Secretary on behalf of any individual under section 7528 (relating to advance payment of credit for health insurance costs of eligible individuals) shall be treated as having been made by the taxpayer. ``(4) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section and section 7528.''. (b) Advance Payment of Credit.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7528. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS OF CERTAIN NON-FEDERAL EMPLOYEES. ``Not later than August 1, 2004, the Secretary shall establish a program for making payments on behalf of individuals described in section 36(a) to the health insurance plan established under chapter 89A of title 5, United States Code.''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Health insurance costs of certain non-Federal employees. ``Sec. 37. Overpayments of tax.''. (3) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7528. Advance payment of credit for health insurance costs of certain non-Federal employees.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM. Not later than 6 months after the date of enactment of this Act and after consultation with appropriate experts, representatives of affected individuals, and Federal officers, the Director of the Office of Personnel Management shall submit a comprehensive plan to Congress that-- (1) provides for the orderly implementation of the amendments made by this Act; and (2) includes a schedule of actions to be taken to provide for that implementation.", "summary": "Universal Access to Affordable Health Insurance for all Americans Act of 2004 - Directs the Office of Personnel Management to: (1) administer a health insurance program for non-Federal employees; and (2) enter into contracts with carriers to make health benefits plans available to eligible individuals. Allows the Office to require carriers to offer such a plan to be eligible to enter into a contract for a Federal Employees Health Benefit (FEHB) plan. Prohibits individuals from joining the plan that are: (1) 65 years of age or older; (2) eligible to enroll for coverage under a public health insurance program; (3) eligible to enroll in a FEHB plan; or (4) members of the uniformed services. Allows rates charged and premiums paid for such a plan to differ among geographic regions. Prohibits any Government contribution to such plans. Requires the Office to keep individuals under such plans in a separate risk pool from individuals covered under a FEHB plan. Amends the Internal Revenue Code of 1986 to provide for refundable credits for payments made to such plans. Provides for full credit for those below the poverty line, and gradually decreasing credit based on individual income. Directs the Secretary of the Treasury to make advance payments to such a plan on behalf of an enrollee equal to the Secretary's estimate of the amount of credit allowable for the enrollee."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Commercial Driving Training and Technical Assistance Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) despite the availability of abundant natural resources on land under the jurisdiction of Indian tribes and the existence of a rich cultural legacy that accords great value to self-determination, self-reliance, and independence, Native Americans suffer higher rates of unemployment, poverty, poor health, substandard housing, and associated social problems than any other group in the United States; (2) the United States has an obligation to assist Native American communities in the establishment of appropriate economic and political conditions; (3) the economic success and material well-being of Indian communities depend on the combined efforts of the Federal Government, tribal governments, the private sector, and individuals; (4) commercial vehicle driving programs are currently offered at several tribal colleges and universities; (5) the American Trucking Association reports that at least until 2005, the trucking industry will need to hire 403,000 truck drivers each year to fill vacant positions; (6) according to the Federal Government Occupational Handbook, the commercial vehicle driving industry is expected to expand at the average rate of expansion for all occupations through the year 2008 because of economic growth and an increase in the quantity of freight carried by trucks; and (7) a career in commercial vehicle driving offers a competitive salary, employment benefits, job security, and a profession. (b) Purposes.--The purposes of this Act are-- (1) to foster and promote job creation and economic opportunities for Native Americans; and (2) to provide education, technical, and training assistance to Native Americans who are interested in commercial vehicle driving careers. SEC. 3. DEFINITIONS. In this Act: (1) Commercial vehicle driving.--The term ``commercial vehicle driving'' means the driving of-- (A) a vehicle that is a tractor-trailer truck; or (B) any other vehicle (such as a bus or a vehicle used for the purpose of construction) the driving of which requires a commercial license. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (3) Native american.--The term ``Native American'' means an individual who is a member of-- (A) an Indian tribe; or (B) any people or culture that is indigenous to the United States, as determined by the Secretary. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 4. COMMERCIAL VEHICLE DRIVING TRAINING PROGRAM. (a) Grants.--The Secretary may provide grants, on a competitive basis, to entities described in subsection (b) to support programs providing training and certificates leading to the licensing of Native Americans with respect to commercial vehicle driving. (b) Eligibility.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) be a tribal college or university (as defined in section 316(b)(3) of the Higher Education Act (20 U.S.C. 1059(b)(3)); and (2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Priority.--In providing grants under subsection (a), the Secretary shall give priority to grant applications that-- (1) propose training that exceeds proposed minimum standards for training tractor-trailer drivers of the Department of Transportation; (2) propose training that exceeds the entry level truck driver certification standards set by the Professional Truck Driver Institute; and (3) propose an education partnership with a private trucking firm, trucking association, or similar entity in order to ensure the effectiveness of the grant program under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the Senate September 17, 2002. Attest: Secretary. 107th CONGRESS 2d Session S. 1344 _______________________________________________________________________ AN ACT To provide training and technical assistance to Native Americans who are interested in commercial vehicle driving careers.", "summary": "Native American Commercial Driving Training and Technical Assistance Act - Authorizes the Secretary of Labor to award grants to eligible entities (tribal colleges and universities) to support commercial vehicle (tractor-trailer truck) driving training programs.Requires the Secretary to give priority to grant applications that propose: (1) training that exceeds proposed minimum standards for training tractor-trailer drivers of the Department of Transportation; (2) training that exceeds the entry level truck driver certification standards set by the Professional Truck Driver Institute; and (3) education partnerships with private trucking firms, trucking associations, or similar entities.Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``In-Home Caregiver Assessment Resources and Education Act'' or the ``In-Home CARE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 43,000,000 unpaid caregivers provide care for a chronically ill, disabled, or aged family member or friend during any given year. (2) Sixty percent of unpaid caregivers are women. More than 37 percent of caregivers live with children or grandchildren who are under 18 years old. (3) Ethnic minority caregivers, particularly African- American and Hispanic-American caregivers, experience greater strain and worse physical health than their counterparts. More than 50 percent of African Americans are ``sandwiched'' between caring for an older person and a younger person under age 18. (4) The needs of caregivers and care recipients vary by several factors such as race and ethnicity, age, social class, sexual orientation, geographical location, gender, military or veteran status, relationship between caregiver and care recipient, health status, and other factors. (5) Unpaid family caregivers spend an average of 24 hours per week caring for their loved ones, and about 23 percent of family caregivers provide 41 or more hours of care per week. (6) Forty-nine percent of caregivers care for a parent. (7) Fourteen percent of caregivers provide care for a special needs child, including an estimated 16,800,000 caregivers who care for a special needs child under 18 years of age. (8) In 2016, the average caregiver for someone 18 years or older spent $6,954 per year on out-of-pocket caregiving expenses, which is nearly 20 percent of the average annual income of caregivers. (9) Sixty percent of caregivers who provide care for an individual over the age of 18 are currently working or have worked while providing care. Three in five caregivers have had to make some modifications to their work schedule, from arriving late to work to leaving their job entirely. Almost half of employed caregivers have had to take time off from work. (10) Fifty-three percent of caregivers have experienced a decline in their health as a result of caregiving, which has affected their ability to provide care. Thirty-five percent of caregivers report having difficulty finding time for oneself, and 29 percent report difficulty managing emotional and physical stress or balancing work and family responsibilities. (11) Forty-six percent of caregivers of adults perform medical or nursing tasks for patients with multiple physical and chronic conditions. Of these caregivers, 78 percent were in charge of managing a patient's medications, administering fluids, or administering injections. (12) Nearly 20 percent of caregivers of adults who assisted with medication management and 33 percent who assisted with changing dressings or bandages received no training about how to perform these tasks. (13) The vast majority of caregivers (84 percent) indicated they need more support related to caregiving. (14) Home visiting programs are cost-effective and have been proven to improve outcomes for children and parents in different domains ranging from child development to family violence. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to improve the ability of unpaid caregivers to care for individuals in the home; and (2) to increase opportunities for individuals who are in need of care to remain at home and reduce or postpone the need for such individuals to receive care at an institution or hospital. SEC. 4. CAREGIVER GRANTS. Subpart IV of part D of title III of the Public Health Service Act (42 U.S.C. 255 et seq.) is amended by adding at the end the following: ``SEC. 339A. CAREGIVER GRANTS. ``(a) In General.--The Secretary, acting through the Administrator of the Administration for Community Living, shall award 3-year grants, on a competitive basis, to eligible organizations to carry out home visiting programs for unpaid caregivers. ``(b) Definitions.--In this section: ``(1) Caregiver.--The term `caregiver' means an unpaid family member, foster parent, or other unpaid adult who provides consistent in-home monitoring, management, supervision, or treatment of a child or adult with a special need, such as a disease, disability, or the frailties of old age. ``(2) Caregiver assessment.--The term `caregiver assessment' means an assessment that includes talking directly to caregivers to better understand their needs, problems, resources, and strengths. ``(3) Child or adult with a special need.--The term `child or adult with a special need' means an individual for whom care or supervision is required to-- ``(A) meet the basic needs of the individual; ``(B) prevent physical self-injury or injury to others; or ``(C) avoid placement in an institutional facility. ``(4) Eligible organization.--The term `eligible organization' means-- ``(A) a local government agency; ``(B) a health care entity; or ``(C) any other nonprofit or community organization, that has experience providing the services described in subsection (f). ``(c) Coordination.--In carrying out this section, the Secretary shall coordinate with-- ``(1) the heads of the National Family Caregiver Support Program of the Administration on Aging and other programs within the Department of Health and Human Services (such as the Lifespan Respite Care Program) and the Secretary of Veterans Affairs, to ensure coordination of caregiver services for caregivers of children or adults with special needs; and ``(2) the Administrator of the Centers for Medicare & Medicaid Services, to avoid duplicative services and payments. ``(d) Application.--An eligible organization that desires a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum-- ``(1) an outreach plan that identifies how the eligible organization will ascertain which caregivers in the community-- ``(A) are most in need of support and education, particularly caregivers who have had no training and provide complex chronic care activities or perform medical or nursing tasks in addition to assisting with activities of daily living; ``(B) are caring for individuals who are at the greatest risk of needing institutional care; and ``(C) desire to participate in the caregiver home visiting program; ``(2) a description of the services that the eligible organization will provide directly using grant funds, and a description of the services that the eligible organization will use grant funds to provide through contracts or referrals; ``(3) a description of how the eligible organization will identify gaps in the services that caregivers and children or adults with a special need who receive care from a caregiver in the community are receiving; ``(4) a description of how the eligible organization can provide-- ``(A) an initial visit to caregivers in order to complete a caregiver assessment, including a description of the eligible organization's expertise in conducting caregiver assessments; ``(B) education and training, based on evidence- based models, to help the caregiver learn how to best care for a child or adult with a special need, by an individual with expertise in the tasks for which the caregiver requires education and training, including education and training regarding, as applicable-- ``(i) medication management; ``(ii) wound care; ``(iii) nutrition and food preparation for special diets; ``(iv) fall prevention; ``(v) management of depression, anxiety, stress, trauma, and other behavioral health conditions, including ways to minimize negative mental health effects; ``(vi) assistance with activities of daily living; ``(vii) ways to engage other family members in providing care; ``(viii) ways to identify and utilize available community resources; and ``(ix) abuse and neglect prevention; and ``(C) recommendations for home modifications or physical environmental changes that could improve the health or quality of life of a child or adult with a special need who is receiving care from a caregiver; ``(5) a description of the eligible organization's ability to provide, or refer caregivers to local resources or appropriate programs of the Department of Health and Human Services or the Department of Veterans Affairs that will provide-- ``(A) physical and mental health care, including home health care and long-term support services; ``(B) transportation; ``(C) home modification services; ``(D) respite care; ``(E) adult day care; ``(F) support groups; and ``(G) legal assistance; ``(6) a description of the eligible organization's ability to coordinate with other State and community-based agencies; ``(7) a description of the eligible organization's understanding of caregiver issues-- ``(A) across demographic groups, including age, gender, race and ethnicity, socioeconomic status, sexual orientation, military status, and geographical region; and ``(B) including disabilities and chronic conditions that affect the populations that the eligible organization will serve; ``(8) a description of the capacity of the eligible organization to engage caregivers, family members, and children or adults with a special need who receive care from a caregiver; and ``(9) with respect to the population of caregivers to whom caregiver visits or services will be provided, or for whom workers and volunteers will be recruited and trained, a description of-- ``(A) the population of caregivers; ``(B) the extent and nature of the needs of that population; and ``(C) existing caregiver services for that population, including the number of caregivers served and the extent of unmet need. ``(e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible organizations that-- ``(1) the Secretary determines show the greatest likelihood of implementing or enhancing caregiver home visiting services that best meet the needs of the community; ``(2) will allow caregivers to contact the eligible organization by phone, email, or 2-way interactive video for up to 6 months after home visits have ended, or to otherwise contact the organization at any time if a caregiver has questions or concerns; ``(3) have a proven record of caregiver support; ``(4) will use evidence-based programs; or ``(5) will provide matching funds or can demonstrate that the program funded by a grant under this section will be sustainable after grant funds are no longer provided. ``(f) Authorized Activities.--An eligible organization receiving a grant under this section shall use grant funds to-- ``(1) conduct an initial home visit for each caregiver participating in the program, during which a representative from the eligible organization who has expertise in care management in the home and caregiving will perform a caregiver assessment and determine what follow-up services may benefit the caregiver and the child or adult with a special need who receives care from the caregiver; ``(2) conduct home visits for the purpose of caregiver education and training; ``(3) provide, or provide referrals for, the services described in subsection (d)(5); ``(4) provide an assessment and referral for physical and mental health services for the caregiver and for the child or adult with a special need who receives care from the caregiver, as needed; and ``(5) carry out any other activities that are described in the grant application submitted under subsection (d). ``(g) Technical Assistance Center.--The Secretary shall establish, or contract to establish, a technical assistance center through which the Secretary shall-- ``(1) provide evidence-based models for programs funded by grants under this section; ``(2) provide training for grantees; ``(3) answer questions from grantees; and ``(4) facilitate an exchange of information among grantees, and between grantees and other programs within the Department of Health and Human Services, including through use of the Technical Assistance Exchange of the Administration for Community Living, in order to maximize the use of existing resources and services for caregivers and to avoid the duplication of such services. ``(h) Evaluation.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, and annually thereafter, the Secretary shall evaluate the success of the grant program carried out under this section, based on criteria that the Secretary may develop for such evaluation. ``(2) Optional contents of evaluation.--The evaluation described in paragraph (1) may include an evaluation of-- ``(A) the extent to which children or adults with a special need who are cared for by a participating caregiver have-- ``(i) a reduction in the potential number of hospitalizations; ``(ii) a reduction in the potential number of institutionalizations; ``(iii) cost reductions across the health care system; ``(iv) improved connection to community resources; ``(v) improved care; and ``(vi) improved quality of life (including a reduction of stress and anxiety and improved relationships and mood); and ``(B) the extent to which participating caregivers have improved quality of life (including a reduction of stress and anxiety and improved health, relationships, mood, and connection to community resources). ``(i) Reports and Recommendations.--Not later than 1 year before the expiration of the grants awarded under this section, the Secretary shall prepare and submit a report to Congress that includes recommendations, based on the evaluation described in subsection (h), about-- ``(1) changes to the grant program under this section; ``(2) the potential for expanding the number and scope of caregiver home visiting program grants distributed by the Secretary; and ``(3) extending the length of the grant program. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''.", "summary": "In-Home Caregiver Assessment Resources and Education Act or the In-Home CARE Act This bill amends the Public Health Service Act to require the Administration for Community Living to award grants to carry out home visiting programs for unpaid caregivers. The Department of Health and Human Services must coordinate with the National Family Caregiver Support Program, the Centers for Medicare & Medicaid Services, the Department of Veterans Affairs, and others on this grant program. Grantees must provide: caregiver education and training regarding medication management, food preparation, falls prevention, and other subjects; services or referrals for services related to home care, such as transportation, home modification, or respite care; and an assessment and referral for physical and mental health services for the caregiver or person receiving care from the caregiver."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Liquefied Natural Gas Safety and Security Act of 2005''. SEC. 2. SITING OF LIQUEFIED NATURAL GAS IMPORT FACILITIES. Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following: ``(d)(1) Before issuing an order authorizing an applicant to site, construct, expand, or operate a liquefied natural gas import facility, the Commission shall require the applicant, in cooperation with the Commandant of the Coast Guard and State and local agencies that provide for the safety and security of the liquefied natural gas import facility and any vessels that serve the facility, to develop a cost- sharing plan. ``(2) A cost-sharing plan developed under paragraph (1) shall include a description of any direct cost reimbursements that the applicant agrees to provide to any State and local agencies with responsibility for security and safety-- ``(A) at the liquefied natural gas import facility; and ``(B) in proximity to vessels that serve the facility. ``(e)(1) In this subsection, the term `region' means a census region designated by the Bureau of the Census as of the date of enactment of this subsection. ``(2) Not later than 90 days after the date of enactment of this subsection and annually thereafter, the Commission shall-- ``(A) review all applications for the siting, construction, expansion, or operation of a liquefied natural gas import facility in a region that are pending with the Commission; ``(B) consult with States in the region to identify remote sites for the development of potential liquefied natural gas import facilities in the region; and ``(C) in collaboration with the Commandant of the Coast Guard, review-- ``(i) any offshore liquefied natural gas projects proposed for a region; and ``(ii) other potential offshore sites for the development of liquefied natural gas. ``(3) Based on the reviews and consultations under paragraph (1), the Commission shall determine-- ``(A) whether liquefied natural gas import facilities are needed in a region; and ``(B) if the Commission determines under subparagraph (A) that liquefied natural gas import facilities are needed for a region, the number of liquefied natural gas import facilities that are needed for the region. ``(4) The Commission shall cooperate with the Commandant of the Coast Guard and States to ensure that-- ``(A) the Commission approves only the number of liquefied natural gas import facilities that are needed for a region, as determined under paragraph (3)(B); and ``(B) any liquefied natural gas import facilities approved under subparagraph (A) are sited in locations that provide maximum safety and security to the public. ``(f)(1) Notwithstanding any other provision of law, the Commission shall not issue a final environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a proposed liquefied natural gas facility before the date on which-- ``(A) the applicant completes-- ``(i) a security assessment for the proposed facility; and ``(ii) a security plan for the proposed facility; and ``(B) the Commandant of the Coast Guard completes an incident action plan that identifies the resources needed to support appropriate air, land, and sea security measures during the transit and offload of a liquefied natural gas vessel. ``(2) The Commission shall incorporate into the final environmental impact statement or similar analysis the non-security sensitive components of the incident action plan and all other safety and security resource requirements identified by the Commandant of the Coast Guard for a proposed liquefied natural gas import facility. ``(g)(1) For purposes of reviewing and approving or disapproving an application to site, construct, or operate a liquefied natural gas import facility, the Commission shall-- ``(A) consult with the State in which the facility is proposed to be located; and ``(B) comply with all applicable Federal laws, including-- ``(i) the National Historic Preservation Act (16 U.S.C. 470 et seq.); ``(ii) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); ``(iii) sections 401 and 402(b) of the Federal Water Pollution Control Act (33 U.S.C. 1341, 1342(b)); and ``(iv) sections 107, 111(c), and 116 of the Clean Air Act (42 U.S.C. 7401, 7411(c), 7416). ``(2) Nothing in this section precludes or denies the right of any State to review an application to site, construct, or operate a liquefied natural gas import facility under-- ``(A) the National Historic Preservation Act (16 U.S.C. 470 et seq.); ``(B) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); ``(C) sections 401 and 402(b) of the Federal Water Pollution Control Act (33 U.S.C. 1341, 1342(b)); and ``(D) sections 107, 111(c), and 116 of the Clean Air Act (42 U.S.C. 7401, 7411(c), 7416). ``(3) Notwithstanding any other provision of law, the Commission shall have no authority to preempt a State permitting determination with respect to a liquefied natural gas import facility that is made under Federal or State law.''. SEC. 3. STANDARDS FOR LIQUEFIED NATURAL GAS PIPELINE FACILITIES. Section 60103 of title 49, United States Code, is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following: ``(e) Remote Siting Standards.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations establishing standards to promote the remote siting of liquefied natural gas pipeline facilities.''. SEC. 4. THERMAL AND VAPOR DISPERSION EXCLUSION ZONES. As soon as practicable after the date of enactment of this Act, the Commandant of the Coast Guard shall issue regulations establishing thermal and vapor dispersion exclusion zone requirements for vessels transporting liquefied natural gas that are based on sections 193.2057 and 193.2059 of title 49, Code of Federal Regulations (or any successor regulations).", "summary": "Liquefied Natural Gas Safety and Security Act of 2005 - Amends the Natural Gas Act to prohibit the Federal Energy Regulating Commission (FERC) from authorizing an applicant to site, construct, expand, or operate a liquefied natural gas import facility, unless FERC has required the applicant to develop a cost-sharing plan in cooperation with the Commandant of the Coast Guard and State and local agencies that provide for the safety and security of the liquefied natural gas import facility and any vessels that serve it. Requires FERC to review annually all pending applications for the siting, construction, expansion, or operation of a liquefied natural gas import facility in a region and, after consultation with the pertinent States and the Commandant, determine: (1) whether liquefied natural gas import facilities are needed in a region; and (2) the number of liquefied natural gas import facilities so needed. Denies FERC authority to preempt a State permitting determination related to a liquefied natural gas import facility. Amends Federal law governing standards for liquefied natural gas pipeline facilities to direct the Secretary of Transportation to promulgate regulations establishing standards to promote the remote siting of liquefied natural gas pipeline facilities. Directs the Commandant to issue regulations establishing thermal and vapor dispersion exclusion zone requirements for vessels transporting liquefied natural gas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Labeling Promotion Act of 2012''. SEC. 2. ACCESSIBILITY OF INFORMATION IN PRESCRIPTION DRUG LABELING BY VISUALLY-IMPAIRED AND BLIND CONSUMERS. (a) Establishment of Working Group.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a working group (in this section referred to as the ``working group'') to develop and promulgate guidance constituting best practices on access to prescription drug labeling for the visually impaired. (2) Members.--The working group shall include representatives of national organizations representing blind and visually impaired individuals, national organizations representing the elderly, and industry groups representing stakeholders, including pharmacists, who would be impacted by such best practices. Representation within the working group shall be divided equally between consumer and industry advocates. (3) Guidance on best practices.--The working group shall promulgate, not later than 1 year after the date of the enactment of this Act, guidance on best practices for pharmacies to ensure that blind and visually impaired individuals have safe, consistent, reliable, and independent access to the information in the labeling of prescription drugs. Such guidance shall be made available through publication in the Federal Register and posting on the Web site of the Food and Drug Administration. (4) Considerations.--In developing and promulgating such guidance on best practices, the working group shall consider-- (A) the use of-- (i) Braille; (ii) auditory means, such as-- (I) ``talking bottles'' that provide audible label information; (II) digital voice recorders attached to the prescription drug container; and (III) radio frequency identification (RFID) tags; and (iii) enhanced visual means, such as-- (I) large font labels or large font ``duplicate'' labels that are affixed or matched to a prescription drug container; (II) high-contrast printing; and (III) sans-serf font; (B) whether there are technical, financial, manpower, or other factors unique to pharmacies with 20 or fewer retail locations which may fundamentally impact the ability of such pharmacies to implement the best practices; and (C) such other factors as the working group determines to be appropriate. (5) Information campaign.--Upon the promulgation of the guidance on best practices, the Commissioner of Food and Drugs, in consultation with the working group, shall conduct an informational and educational program designed to inform the public and pharmacists about such guidance and practices. (6) FACA waiver.--The Federal Advisory Committee Act shall not apply to the working group. (b) GAO Study.-- (1) In general.--Beginning 18 months after the publication of the guidance on best practices under subsection (a), the Comptroller General of the United States shall conduct a review of such guidance, the extent to which pharmacies are complying with such best practices, and the extent to which barriers to accessible prescription drug labeling for blind and visually- impaired individuals continue. (2) Report.--Not later than September 30, 2016, the Comptroller General shall submit to Congress a report on the review conducted under paragraph (1). Such report shall include recommendations for how best to reduce the barriers blind and visually-impaired individuals have to access prescription drug labeling. (c) Definitions.--In this section: (1) The term ``pharmacy'' includes a pharmacy that receives prescriptions, and dispenses prescription drugs, through an Internet Web site. (2) The term ``prescription drug'' means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).", "summary": "Prescription Drug Labeling Promotion Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish a working group to develop best practices on access to prescription drug labeling for the visually impaired. Requires the working group to: (1) include equal representation of consumer and industry advocates; (2) promulgate guidance on best practices for pharmacies to ensure that blind and visually impaired individuals have safe, consistent, reliable, and independent access to the information in the labeling of prescription drugs; (3) consider the use of Braille, specified auditory means, and enhanced visual means to provide such access; and (4) consider whether there are technical, financial, manpower, or other factors that may fundamentally impact the ability of pharmacies with 20 or fewer retail locations to implement the best practices. Directs the Commissioner of Food and Drugs (FDA) to conduct an informational and educational program to inform the public and pharmacists about such guidance and practices. Directs the Comptroller General: (1) 18 months after such guidance and practices are published, to review pharmacy compliance and the extent to which access barriers continue; and (2) by September 30, 2016, to report on such review, including recommendations for reducing such barriers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Liberty and Charitable Donation Protection Act of 1997''. SEC. 2. DEFINITIONS. Section 548(d) of title 11, United States Code, is amended by adding at the end the following: ``(3) In this section, the term `charitable contribution' means a charitable contribution, as that term is defined in section 170(c) of the Internal Revenue Code of 1986, if that contribution-- ``(A) is made by a natural person; and ``(B) consists of-- ``(i) a financial instrument (as that term is defined in section 731(c)(2)(C) of the Internal Revenue Code of 1986); or ``(ii) cash. ``(4) In this section, the term `qualified religious or charitable entity or organization' means-- ``(A) an entity described in section 170(c)(1) of the Internal Revenue Code of 1986; or ``(B) an entity or organization described in section 170(c)(2) of the Internal Revenue Code of 1986.''. SEC. 3. TREATMENT OF PREPETITION QUALIFIED CHARITABLE CONTRIBUTIONS. (a) In General.--Section 548(a) of title 11, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by striking ``(1) made'' and inserting ``(A) made''; (3) by striking ``(2)(A)'' and inserting ``(B)(i); (4) by striking ``(B)(i)'' and inserting ``(ii)(I)''; (5) by striking ``(ii) was'' and inserting ``(II) was''; (6) by striking ``(iii)'' and inserting ``(III)''; and (7) by adding at the end the following: ``(2) A transfer of a charitable contribution to a qualified religious or charitable entity or organization shall not be considered to be a transfer covered under paragraph (1)(B) in any case in which-- ``(A) the amount of that contribution does not exceed 15 percent of the gross annual income of the debtor for the year in which the transfer of the contribution is made; or ``(B) the contribution made by a debtor exceeded the percentage amount of gross annual income specified in subparagraph (A), if the transfer was consistent with the practices of the debtor in making charitable contributions.''. (b) Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.--Section 544(b) of title 11, United States Code, is amended-- (1) by striking ``(b) The trustee'' and inserting ``(b)(1) Except as provided in paragraph (2), the trustee''; and (2) by adding at the end the following: ``(2) Paragraph (1) shall not apply to a transfer of a charitable contribution (as that term is defined in section 548(d)(3)) that is not covered under section 548(a)(1)(B), by reason of section 548(a)(2).''. (c) Conforming Amendments.--Section 546 of title 11, United States Code, is amended-- (1) in subsection (e)-- (A) by striking ``548(a)(2)'' and inserting ``548(a)(1)(B)''; and (B) by striking ``548(a)(1)'' and inserting ``548(a)(1)(A)''; (2) in subsection (f)-- (A) by striking ``548(a)(2)'' and inserting ``548(a)(1)(B)''; and (B) by striking ``548(a)(1)'' and inserting ``548(a)(1)(A)''; and (3) in subsection (g)-- (A) by striking ``section 548(a)(1)'' each place it appears and inserting ``section 548(a)(1)(A)''; and (B) by striking ``548(a)(2)'' and inserting ``548(a)(1)(B)''. SEC. 4. TREATMENT OF POST-PETITION CHARITABLE CONTRIBUTIONS. (a) Confirmation of Plan.--Section 1325(b)(2)(A) of title 11, United States Code, is amended by inserting before the semicolon the following: ``, including charitable contributions (that meet the definition of `charitable contribution' under section 548(d)(3)) to a qualified religious or charitable entity or organization (as that term is defined in section 548(d)(4)) in an amount not to exceed 15 percent of the gross income of the debtor for the year in which the contributions are made''. (b) Dismissal.--Section 707(b) of title 11, United States Code, is amended by adding at the end the following: ``In making a determination whether to dismiss a case under this section, the court may not take into consideration whether a debtor has made, or continues to make, charitable contributions (that meet the definition of `charitable contribution' under section 548(d)(3)) to any qualified religious or charitable entity or organization (as that term is defined in section 548(d)(4)).''. SEC. 5. APPLICABILITY. This Act and the amendments made by this Act shall apply to any case brought under an applicable provision of title 11, United States Code, that is pending or commenced on or after the date of enactment of this Act. SEC. 6. RULE OF CONSTRUCTION. Nothing in the amendments made by this Act is intended to limit the applicability of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2002bb et seq.).", "summary": "Religious Liberty and Charitable Donation Protection Act of 1998 - Amends Federal bankruptcy law with respect to avoidance by the trustee in bankruptcy of fraudulent transfers and obligations to cite circumstances under which a transfer of a charitable contribution to a qualified religious or charitable unit shall not be considered to be fraudulent. Prohibits the trustee from avoiding such charitable contributions when acting as lien creditor and successor to certain creditors and purchasers. Excludes from \"disposable income,\" for purposes of bankruptcy plan confirmation, up to 15 percent of the gross income of the debtor when it is expended for such charitable contributions. Prohibits the bankruptcy court, when it determines whether to dismiss a case, from taking into consideration whether a debtor makes charitable contributions to any qualified religious or charitable entity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited at the ``Clean Air and Water Preservation Act of 2001''. SEC. 2. FINDINGS. The Congress finds that: (1) The oxygenate requirement of the reformulated gasoline (``RFG'') program has proven effective in reducing emissions of exhaust hydrocarbons, nitrous oxide and carbon monoxide, known precursors to smog. (2) One oxygenate chosen by gasoline refiners to comply with the Clean Air Act regulations, methyl tertiary butyl ether (``MTBE''), has been discovered in water sources throughout the nation. (3) MTBE renders water undrinkable and is considered a probable carcinogen by the Environmental Protection Agency. (4) MTBE is highly soluble in water and slow to degrade. Only one gallon of MTBE is required to contaminate 26 million gallons of water. (5) An alternative oxygenate, ethanol, is a biobased product which produces the same reductions in emissions, is not as soluble in water, biodegrades rapidly, and is considered safe for the environment. (6) The oxygenate requirement of the RFG program requires 2 percent by weight of an oxygenate be added to gasoline. Ethanol contains approximately twice as much as oxygen as MTBE, therefore supplying the RFG program with sufficient ethanol to replace MTBE would require half the volume of MTBE currently used. (7) The ethanol industry is expanding rapidly. Production capacity in 1998 was estimated at 1.8 billion gallons. New production facilities that came on line in 1999 has greatly increased this capacity. (8) The Department of Agriculture projects the domestic ethanol industry will be able to produce the approximately 3.1 billion gallons of ethanol necessary to replace MTBE by 2004. (9) The U.S. Department of Agriculture estimates that replacing MTBE with ethanol will (A) increase the demand for corn for ethanol by more than 500 million bushels each year, improving the price of corn by 14 cents per bushel each year and increasing average total farm cash receipts by $1 billion each year; (B) create 13,000 new jobs; and (C) increase average US agricultural net export value by more than $200 million and reduce US import value of MTBE by $1.1 billion for an improved US trade balance of $1.3 billion each year. (10) Ethanol is an energy efficient fuel. A 1995 report by the USDA estimated one gallon of ethanol provides 25 percent more energy than production requires. Other studies show the net energy gain potential of ethanol could exceed 150 percent when state-of-the-art agricultural and production technologies are used. (11) Ethanol is proven to enhance the performance of automobiles. Currently, all vehicle manufacturers approve the use of 10 percent ethanol blended fuels. (12) Replacing MTBE with ethanol would maintain the emissions reductions obtained through the RFG program without the water contamination problems associated with MTBE. (13) When implementing the Clean Air Act Amendments of 1990, the Environmental Protection Agency required, by regulation, that each gallon of gasoline sold in the RFG program contain a minimum of 1.5 percent by weight of oxygenate. This was not the intent of Congress in passing the oxygenate requirement and prohibits the most efficient use of oxygenates. Lifting this regulatory requirement will provide refiners more flexibility for complying with the RFG program and provide high performance gasoline year-round. (14) Providing such flexibility in the use of oxygenates could lead to an increase in the use of aromatics, many of which are known carcinogens. Therefore, a limit on the amount of aromatics added to gasoline is necessary to protect public health. (15) Providing such flexibility in the use of oxygenates could lead to an increase in emissions. Therefore, a prohibition against an increase in emissions above the level achieved by RFG gasoline is necessary to protect air quality. SEC. 3. USE OF MTBE AS A FUEL ADDITIVE. (a) MTBE Ban.--Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is amended by adding at the end of paragraph (1) the following: ``The regulations under this paragraph shall prohibit the use of methyl tertiary butyl ether (MTBE) as a fuel additive.''. (b) Regulations.--The Administrator of the Environmental Protection Agency shall amend the regulations under section 211(c)(1) of the Clean Air Act as promptly as practicable after the date of enactment of this Act to conform to the amendment made by subsection (a) of this section. (c) Effective Date.--Subsection (a) of this section shall take effect upon the expiration of the three-year period beginning on the date of the enactment of this Act. (d) Labeling.--During the period beginning on the date of enactment of this Act and ending three years from the date of enactment, the Administrator of the Environmental Protection Agency shall require any person selling gasoline that contains methyl tertiary butyl ether at retail to prominently label the fuel dispensing system for the gasoline with a notice that the gasoline contains methyl tertiary butyl ether (`MTBE'). SEC. 4. EXISTING MTBE WATER CONTAMINATION. (a) State Source Water Assessment Programs.--Section 1453(a) of the Safe Drinking Water Act is amended by adding the following at the end thereof: ``(8) MTBE Contamination.--The Administrator shall amend the guidelines under this subsection to require that State source water assessment programs be revised to prioritize groundwater areas and aquifers that have been contaminated, or are most vulnerable to contamination, by methyl tertiary butyl ether (`MTBE'). Each such revision shall be submitted and approved or disapproved by the Administrator in accordance with the same deadlines as applicable to the original program under paragraph (3).''. (b) EPA Cleanup Guidelines.--Section 1442 of the Safe Drinking Water Act is amended by adding the following at the end thereof: ``(f) Cleanup Guidelines for MTBE.--The Administrator shall develop a clear set of technical guidelines to assist States in the investigation and cleanup of methyl tertiary butyl ether (`MTBE') in groundwater.''. SEC. 5. ALLOWING FOR OXYGEN AVERAGING WITHIN THE RFG PROGRAM. (a) Amendment of Clean Air Act.--Subparagraph (B) of section 211(k)(2) of the Clean Air Act and clause (v) of subparagraph (A) of section 211(k)(3) of such Act are each amended by inserting ``an average of'' before ``2.0 percent''. (b) Regulation Invalidated.--The provisions of section 80.41(b) of part 80 of title 40 of the Code of Federal Regulations establishing a per-gallon minimum oxygen content (percent, by weight) shall cease to have any force and effect on the date of the enactment of this Act. SEC. 6. ANTI-BACKSLIDING. (a) Ozone Forming Potential.--Section 211(k)(1) of the Clean Air Act is amended by adding the following at the end thereof: ``No later than June 1, 2001, the Administrator shall revise the regulations under this paragraph as necessary to ensure that the ozone forming potential, taking into account all ozone precursors (including volatile organic compounds, oxides of nitrogen, and carbon monoxide), of the aggregate emissions during the high ozone season (as defined by the Administrator) from baseline vehicles when using reformulated gasoline does not exceed the ozone forming potential of the aggregate emissions from such vehicles when using reformulated gasoline that complies with the regulations that were in effect on January 1, 2000, and applicable to reformulated gasoline sold in calendar year 2000 and thereafter.''. (b) Aromatic Hydrocarbon Content.--Section 211(k)(2) of the Clean Air Act is amended by adding the following new subparagraph at the end thereof: ``(E) Aromatic hydrocarbon content.--The aromatic hydrocarbon content of the gasoline shall be not greater than the average aromatic hydrocarbon content of reformulated gasoline sold in covered areas for use in such vehicles during the year 2000.''. SEC. 7. DEVELOPING OXYGENATE ALTERNATIVES TO MTBE. The Secretary of Energy and the Administrator of the Environmental Protection Agency shall evaluate by December 31, 2001 and report to the President and the Congress on the potential for development of oxygenate alternatives to methyl tertiary butyl ether (``MTBE'') not otherwise identified in this Act, and shall evaluate what steps, if any, would be appropriate to foster development of such alternatives should they be found to be an acceptable substitute for MTBE. SEC. 8. TRANSITION TO ETHANOL. It is the Sense of the Congress that the United States should promote renewable ethanol to replace methyl tertiary butyl ether (``MTBE'') and encourage oil refiners to make the transition from MTBE- blended fuel to ethanol-blended fuel as soon as possible.", "summary": "Clean Air and Water Preservation Act of 2001 - Amends the Clean Air Act to prohibit the use of methyl tertiary butyl ether (MTBE) as a fuel additive. Makes such prohibition effective three years after this Act's enactment date. Amends the Safe Drinking Water Act to require the Administrator to amend certain guidelines to require State source water assessment programs to be revised to prioritize groundwater areas and aquifers that have been contaminated, or are most vulnerable to contamination, by MTBE.Revises the oxygen content requirement for reformulated gasoline under the Clean Air Act to require the oxygen content to equal or exceed an average of two percent by weight (currently, equal or exceed two percent by weight). Invalidates Federal regulations that establish a per-gallon minimum oxygen content (percent, by weight). Limits the hydrocarbon content of reformulated gasoline to the average content of such gasoline sold in covered nonattainment areas during the year 2000.Expresses the sense of Congress that the United States should promote renewable ethanol to replace MTBE and encourage oil refiners to make the transition from MTBE-blended fuel to ethanol-blended fuel as soon as possible."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Biennial Commission on Energy Policy Act of 2013''. SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGANIZATION ACT. (a) In General.--Title VIII of the Department of Energy Organization Act (42 U.S.C. 7321) is amended by striking sections 801 and 802 and inserting the following new sections: ``SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY. ``(a) Establishment.--There is established a commission to be known as the `Biennial Commission on Energy Policy' (in this title referred to as the `Commission'). ``(b) Membership.-- ``(1) Number and appointment.--The Commission shall be composed of 15 members appointed in the following manner-- ``(A) The President shall appoint 3 members. ``(B) The Speaker of the House of Representatives shall appoint 3 members. ``(C) The minority leader of the House of Representatives shall appoint 3 members. ``(D) The majority leader of the Senate shall appoint 3 members. ``(E) The minority leader of the Senate shall appoint 3 members. ``(2) Deadline for appointment.--Members of the Commission shall be appointed not later 30 days after the first day of the first session of the 114th Congress. ``(3) Terms.--Members shall be appointed for a term of 2 years. ``(4) Consultation.--The President and Members of Congress specified in paragraph (1) shall consult with each other before appointing members to the Commission to achieve, to the maximum extent practicable, a diversity of experience and expertise in the membership of the Commission. ``(5) Vacancies.--Any vacancy on the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. A member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed for the remainder of that term. ``(6) Qualifications.--Each member appointed to the Commission shall have professional experience in 1 or more of the following areas: ``(A) Governmental service. ``(B) Energy production. ``(C) Renewable energy resource development. ``(D) Energy law. ``(E) Public administration. ``(F) Fossil fuel production. ``(G) Energy efficiency. ``(H) Environmental policy. ``(I) Labor. ``(J) Workplace safety. ``(K) Commerce and trade. ``(L) Corporate policies. ``(M) Infrastructure. ``(N) Foreign affairs. ``(7) Political affiliation.--Not more than 8 members of the Commission shall be affiliated with the same political party. ``(8) Restriction on government employees.--No individual may serve as a member of the Commission while employed as an officer or employee of the Federal Government or any State or local government. ``(9) Basic pay.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. ``(10) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(c) Structure of Commission.-- ``(1) Commencement.--The Commission shall meet and begin operations not later than 30 days after the date on which all members of the Commission have been appointed. ``(2) Chairperson; vice chairperson.--The chairperson and vice chairperson of the Commission shall be selected by the members. ``(3) Subcommittees.--Upon majority vote of the members, the Commission may create subcommittees composed of less than the full membership of the Commission to carry out specified duties of the Commission. ``(4) Quorum.--Six members of the Commission shall constitute a quorum. ``(5) Meetings.-- ``(A) In general.--After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. ``(B) Stakeholder meetings.--The Commission shall conduct a quarterly meeting of stakeholders to assist the Commission in carrying out its duties. The first meeting shall be held not later than 90 days after the date on which all members of the Commission have been appointed. Subsequent meetings shall be held until the Commission submits its final report. ``(C) Attendance at stakeholder meetings.--Members shall be encouraged to attend stakeholder meetings held pursuant to subparagraph (B) either in person or via teleconference. ``SEC. 802. DUTIES AND POWERS OF THE COMMISSION. ``(a) Duties.-- ``(1) In general.--The Commission shall carry out the tasks described in paragraph (2) and make recommendations for legislative and administrative actions to create an integrated and comprehensive energy policy for the United States. ``(2) Tasks.--To carry out paragraph (1), the Commission shall-- ``(A) analyze the accessibility, affordability, reliability, resiliency, and sustainability of the energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels; ``(B) assess policy options to increase domestic energy supplies and energy efficiency; ``(C) evaluate energy storage, transmission, and distribution requirements that shall include intermittent energy sources; ``(D) analyze the prospective role of stakeholders, including academia, industry representatives, the public, Federal laboratories (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)), and Federal agencies in creating an integrated and comprehensive energy policy; ``(E) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies; ``(F) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives; ``(G) study relevant matters, as determined by the Commission, raised at the stakeholder meetings described in section 801(c)(5)(B); and ``(H) study other relevant matters as determined by the Commission. ``(3) Materials studied.--The Commission shall review materials on energy, including-- ``(A) enacted and proposed Federal and State laws, regulations, policies, and programs; ``(B) information developed by relevant governmental and nongovernmental agencies, including Federal laboratories; ``(C) scientific and technical literature and publications; and ``(D) studies conducted by other entities. ``(b) Reports.-- ``(1) Progress reports.--Not later than July 1 of the first and third year of each Presidential term, the Commission shall submit progress reports to Congress describing the activities of the Commission and a summary of the information gathered pursuant to subsection (a). ``(2) In general.--Not later than July 1 of the second and fourth year of each Presidential term, the Commission shall submit to Congress a report that shall include-- ``(A) the findings and conclusions of the Commission based on tasks carried out pursuant to subsection (a)(2); and ``(B) recommendations for legislative and administrative actions described in subsection (a)(1). ``(3) Publication.--Reports submitted pursuant to paragraph (2) shall be made publicly available via a website. ``(c) Powers.-- ``(1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. ``(2) Powers of subcommittees.--Any subcommittee created pursuant to section 801(c)(3) may, if authorized by the Commission, take any action which the Commission is authorized to take by this title. ``(3) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. ``(4) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. ``(5) Contract authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with government and private agencies or persons for the purpose of carrying out this section, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). ``(6) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this title. Upon request of the chairperson, vice chairperson, or a subcommittee of the Commission, the head of such department or agency shall furnish such information to the Commission. ``SEC. 803. PERSONNEL MATTERS. ``(a) Executive Director and Staff.--The chairperson of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint and terminate an executive director and not more than five additional staff members. The employment of an executive director shall be subject to confirmation by the Commission. ``(b) Pay.--The chairperson of the Commission may fix the compensation of the executive director and staff without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates, except that an individual appointed under paragraph (1) may not receive pay in excess of the annual rate of basic pay for level V of the Executive Schedule. ``(c) Detail of Government Employees.--Upon request of the chairperson of the Commission, the head of any department or agency of the Federal Government may detail, on a nonreimbursable basis, any personnel of the department or agency to the Commission to assist the Commission in carrying out its duties. ``(d) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5316 of such title. ``SEC. 804. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated $3,000,000 to the Secretary of Energy, without fiscal year limitation, to carry out this title.''. (b) Table of Contents Amendments.--The table of contents of such Act is amended by striking the items relating to sections 801 and 802 and inserting the following: ``801. Biennial Commission on Energy Policy. ``802. Duties and powers of the Commission. ``803. Personnel matters. ``804. Authorization of appropriations.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on the first day of the first session of the 114th Congress.", "summary": "Biennial Commission on Energy Policy Act of 2013 - Amends the Department of Energy Organization Act to establish the Biennial Commission on Energy Policy. Directs the Commission to: (1) analyze the accessibility, affordability, reliability, resiliency, and sustainability of energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels; (2) assess policy options to increase domestic energy supplies and energy efficiency; (3) evaluate energy storage, transmission, and distribution requirements including intermittent energy sources; (4) analyze the prospective role of stakeholders in creating an integrated and comprehensive energy policy, including academia, industry representatives, the public, and federal laboratories and agencies; (5) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies; and (6) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Home-Based Health Services Training and Employment Act of 2012''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The ``baby boom'' generation will require health care attention that will exceed the current supply of health care providers. (2) There is a shortage of training programs specializing in health care and long-term services that focus on home care instead of institutionalized care. (3) Although the need for home-based health services transcends all income levels, the availability of such services is more limited for residents of public housing. (4) Estimates indicate that there are 44,000,000 caregivers in the United States providing unpaid care to at least one adult, representing 22,900,000 households. (5) Of working persons providing unpaid care, 62 percent have had to make adjustments to work schedules or leave employment. (6) Many low-income families in the United States are placed in an untenable position of choosing between work and caregiving responsibilities at home. (7) Many residents of public housing in the United States are aging and in need of care. (8) The Department of Housing and Urban Development estimates the percentage of households assisted by the Department that are elderly households is 35 percent in New York, 33 percent in Boston, 35 percent in Chicago, 24 percent in Cleveland, 40 percent in Los Angeles, and 20 percent in Puerto Rico. (9) New service programs are needed to provide home-based health services to residents of public housing and to provide job training and job placement for persons receiving assistance from the Department of Housing and Urban Development needing employment. (10) The Department of Housing and Urban Development should establish a home-based health services pilot program to meet the challenges of the increasing number of elderly persons and persons with disabilities in public housing, which would simultaneously create an opportunity to train job seekers in a trade that provides home-based health services. (b) Purposes.--The purposes of this Act are-- (1) to give flexibility to the Department of Housing and Urban Development and other entities to establish training programs in home-based health services for public housing residents; and (2) to provide needed home care options to elderly and disabled public housing residents (including elderly and disabled veterans who are public housing residents) and elderly and disabled residents of federally-assisted rental housing to allow them to remain in their homes and their communities. SEC. 3. PILOT GRANT PROGRAM TO TRAIN PUBLIC HOUSING RESIDENTS TO PROVIDE COVERED HOME-BASED HEALTH SERVICES. Section 34 of the United States Housing Act of 1937 (42 U.S.C. 1437z-6) is amended by adding at the end the following new subsections: ``(f) Pilot Grant Program To Train Public Housing Residents To Provide Covered Home-Based Health Services.-- ``(1) Establishment of pilot grant program.--The Secretary, in consultation with the Secretary of Health and Human Services, shall establish a competitive grant program to make grants to eligible entities under paragraph (2) for use for the training of public housing residents as home health aides and as providers of home-based health services (including as personal and home care aides) to enable such residents to provide covered home-based health services to-- ``(A) residents of public housing who are elderly or disabled, or both (including elderly and disabled veterans who are residents of public housing); and ``(B) subject to the criteria set forth pursuant to paragraph (3), residents of federally-assisted rental housing who are elderly or disabled, or both. ``(2) Eligible entities.--A grant under this subsection may be made only to an entity that-- ``(A) is a public housing agency or other unit of State or local government (including an agency of such unit), community health center, home care provider organization, faith-based organization, labor organization, or other organization determined to be qualified by the Secretary; and ``(B) demonstrates to the satisfaction of the Secretary that it has established, or provides such assurances that it will establish, an employment training program to train public housing residents to provide covered home-based health services that complies with regulations that the Secretary shall issue. ``(3) Residents of federally-assisted rental housing.--The Secretary may set forth criteria under which an entity receiving funding under this subsection may train public housing residents to provide covered home-based health services to elderly and disabled residents of federally-assisted rental housing. ``(4) Application.--To be eligible for a grant under this subsection an eligible entity under paragraph (2) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require. ``(5) Competitive grant awards.-- ``(A) General criteria for selection.--The Secretary shall establish policies and procedures for reviewing and approving funding for eligible entities through a competitive process taking into consideration-- ``(i) with respect to the service area in which public housing residents trained under an employment training program described in paragraph (2)(B) will provide covered home- based health services-- ``(I) the percentage of residents age 62 and older; ``(II) the percentage of disabled residents; and ``(III) the percentage of unemployed or underemployed residents; ``(ii) the ability of an eligible entity to provide training that leads to the provision of quality care; ``(iii) the record of the quality of care of an eligible entity; and ``(iv) such other criteria as determined by the Secretary. ``(B) Geographic consideration.--In awarding grants, the Secretary shall consider a geographic mix of a variety of eligible entities so that the grant program will include at least-- ``(i) one employment training program described in paragraph (2)(B) that primarily serves an urban population; ``(ii) one employment training program described in paragraph (2)(B) that primarily serves a rural population; ``(iii) one employment training program described in paragraph (2)(B) that primarily serves an Indian population; and ``(iv) one employment training program described in paragraph (2)(B) that primarily serves a population in the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands. ``(6) Use of grant funds.--An entity receiving funding under this subsection may use such funds-- ``(A) to establish (or maintain) and carry-out an employment training program to train public housing residents to provide covered home-based health care services to elderly and disabled public housing residents and elderly and disabled residents of federally-assisted rental housing; ``(B) for the transportation expenses of public housing residents in training under such an employment training program; ``(C) for the child care expenses of public housing residents in training under such an employment training program; ``(D) for the administrative expenses of carrying out such an employment training program; and ``(E) for any other activity the Secretary determines appropriate. ``(7) Report to congress.--Not later than 24 months after the date of the enactment of the Home-Based Health Services Training and Employment Act of 2012, the Secretary shall submit to Congress a report on the use and impact of the grant program established by this subsection. The report shall include-- ``(A) a review of the effectiveness of the program in-- ``(i) providing jobs for public housing residents; ``(ii) meeting the unmet health and long- term care needs of elderly and disabled residents of public housing and elderly and disabled residents of federally-assisted rental housing; and ``(iii) enabling the provision of quality care; and ``(B) any recommendations the Secretary determines appropriate regarding the grant program. ``(8) Definitions.--As used in this subsection, subsection (g), and subsection (h): ``(A) Home-based health services.--The term `home- based health services' means health care and long-term services provided to an individual in a place of residence used as such individual's home and includes-- ``(i) home health services described in section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)); ``(ii) personal care services described in section 1905(a)(24) of such Act (42 U.S.C. 1396d(a)(24)); and ``(iii) home-based services which may be covered under a waiver under subsection (c) or (d) of section 1915 of such Act (42 U.S.C. 1396n). ``(B) Home health aide.--The term `home health aide' has the meaning given the term in section 1891(a)(3)(E) of the Social Security Act (42 U.S.C. 1395bbb(a)(3)(E)). ``(C) Covered.--The term `covered' means, with respect to home-based health services, such services-- ``(i) for which medical assistance is available under a State plan under title XIX of the Social Security Act; or ``(ii) for which financial assistance is available under subsection (g). ``(D) Federally-assisted rental housing.--The term `federally-assisted rental housing' means-- ``(i) housing assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); ``(ii) housing assisted under section 515 of the Housing Act of 1949 (42 U.S.C. 1485); ``(iii) housing assisted under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) (including project-based and tenant-based assistance); ``(iv) housing assisted under the block grant program under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); ``(v) housing financed by a mortgage insured under section 221(d)(3) of the National Housing Act (12 U.S.C. 1715l(d)(3)) or held by the Secretary, a State, or State agency; and ``(vi) housing assisted under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013). ``(9) Inapplicability of previous subsections.--Subsections (a) through (e) shall not apply to this subsection, subsection (g), and subsection (h). ``(10) Rule of construction.--This subsection and subsection (g) may not be construed as affecting any requirement under State law for training, licensure, or any other certification as a home health aide or as a provider of any home-based health service under this subsection and subsection (g). ``(11) Regulations.--Not later than 6 months after the date of enactment of the Home-Based Health Services Training and Employment Act of 2012, the Secretary shall issue regulations to carry out this subsection. ``(g) Financial Assistance for Home-Based Health Services in Certain Jurisdictions.-- ``(1) Financial assistance.--The Secretary, in consultation with the Secretary of Health and Human Services, may provide financial assistance under this subsection to entities receiving grant funds under the pilot program established under subsection (f) that provide training for public housing residents as home health aides and as providers of home-based health services and provide (or pay for) such services for use only for their costs in providing (or paying for) such services to-- ``(A) residents of public housing who are elderly or disabled, or both (including elderly or disabled veterans who are residents of public housing); or ``(B) at the discretion of the Secretary, residents of federally-assisted rental housing who are elderly or disabled, or both. ``(2) Requirements.-- ``(A) Location.--Assistance under paragraph (1) may be provided only for services furnished in locations in which medical assistance for home-based health services is not available under a State plan under title XIX of the Social Security Act. ``(B) Trained public housing residents.--Assistance under paragraph (1) may be used only for costs of services described in paragraph (1) that are provided by public housing residents trained by an entity receiving grant funds under the pilot program established under subsection (f). ``(3) Eligibility.--To be eligible for financial assistance under this subsection an entity shall-- ``(A) provide such assurances as the Secretary shall require that it will use the funds only as provided in paragraphs (1) and (2); ``(B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary requires; and ``(C) comply with such other terms and conditions as the Secretary shall establish to carry out this subsection. ``(h) Impact of Income on Eligibility for Housing Benefits.--For any resident of public housing who is trained as a home health aide or as a provider of home-based health services pursuant to the program under subsection (f), any income received by such resident for providing covered home-based health services shall apply towards eligibility for benefits under Federal housing programs as follows: ``(1) No income received shall apply for the 12 months after the completion of the training of such resident. ``(2) Twenty-five percent of income received shall apply for the period that is 12 to 24 months after the completion of the training of such resident. ``(3) Fifty percent of income received shall apply for the period that is 24 to 36 months after the completion of the training of such resident. ``(4) One-hundred percent of income received shall apply for any period that begins after 36 months after the completion of the training of such resident.''.", "summary": "Home-Based Health Services Training and Employment Act of 2012 - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development (HUD) to establish a pilot program to make grants on a competitive basis to eligible entities for the training of public housing residents as home health aides and providers of home-based health services to enable them to provide covered home-based health services (i.e., services for which medical assistance is available under a state Medicaid plan or for which financial assistance is available under this Act) to residents of: (1) public housing who are elderly, disabled, or both; and (2) federally-assisted rental housing who are elderly, disabled, or both, subject to criteria that the Secretary may establish. Authorizes the use of grant funds: (1) to establish or maintain and carry out a program to train public housing residents to provide covered home-based health care services to elderly and disabled public housing residents and to elderly and disabled residents of federally-assisted rental housing, (2) for the transportation and child care expenses of public housing residents in training, and (3) for the administrative expenses of carrying out such a program. Provides that for any resident of public housing who is trained as a home health aide or as a provider of home-based health services under the program, any income received for providing covered home-based health services shall apply towards eligibility for benefits under federal housing programs as specified, based on length of time following completion of the training."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Credit Cost Reduction Act of 1994''. SEC. 2. TREATMENT OF ADMINISTRATIVE COSTS REGARDING DIRECT AND GUARANTEED LOANS. Paragraph (5)(A) of section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(A)) is amended by striking ``excluding'' and inserting ``including''. SEC. 3. TREATMENT OF ADMINISTRATIVE COSTS IN THE PRESIDENT'S ANNUAL BUDGET SUBMISSION. Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraphs: ``(29) a separate listing of administrative costs for direct loans and loan guarantees computed on a cash accounting basis for any such loans and guarantees originating before enactment of this paragraph. ``(30) an appendix setting forth on a cash accounting basis the administrative costs of all loans and loan guarantees by program, by agency, and for the Government.''. SEC. 4. FEDERAL CREDIT SUBSIDY RATES. (a) Definition of Subsidy Rate.--Section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a) is amended by adding at the end the following new paragraph: ``(10) The term `subsidy rate' for a fiscal year means-- ``(A) in the case of a direct loan, the cost of all loans made for a covered program during that year divided by the total direct loan obligations for that same covered program; and ``(B) in the case of a loan guarantee commitment, the cost of all loan guarantees incurred for a covered program during that year divided by the total amount of the loan guarantee commitments for that same covered program.''. (b) Maximum Subsidy Rates.--(1) The Federal Credit Reform Act of 1990 is amended by adding at the end the following new section: ``SEC. 508. MAXIMUM FEDERAL CREDIT SUBSIDY RATES. ``(a) Maximum Subsidy Rates.--The maximum permissible subsidy rate for each covered program for a fiscal year is the following: 40 percent for fiscal year 1995, 30 percent for fiscal year 1996, 20 percent for fiscal year 1997, 10 percent for fiscal year 1998, and 5 percent for fiscal year 1999. ``(b) Covered Programs.--The covered programs to which subsection (a) applies are the credit reform program accounts covered by the Federal Credit Reform Act of 1990. ``(c) Estimates.--The subsidy rates for a fiscal year shall be determined on the basis of estimates made by the Director of the Congressional Budget Office.''. (2) Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 507 the following new item: ``Sec. 508. Maximum Federal credit subsidy rates.''. (c) Point of Order.--Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(j) It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget for any fiscal year that would allow the maximum permissible subsidy rate (as set forth in section 508) for any covered program for that fiscal year to be breached.''. (d) Allocations.--(1) Section 602(a)(1)(A) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of clause (ii), by striking the comma and inserting ``; and'' at the end of clause (iii), and by inserting after clause (iii) the following new clause: ``(iv) total credit authority (that does not cause the maximum permissible subsidy rate (as set forth in section 508) for any covered program to be breached);''. (2) Section 602(a)(2) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of subparagraph (B), by inserting ``and'' at the end of subparagraph (C), and by inserting after subparagraph (C) the following new subparagraph: ``(D) total credit authority (that does not cause the maximum permissible subsidy rate (as set forth in section 508) for any program to be breached);''. (e) Contents of Budget Resolutions.--Section 301(a) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of paragraph (6), by striking the period and inserting ``; and'' at the end of paragraph (7), and by inserting after paragraph (7) the following new paragraph: ``(8) for purposes of enforcement of section 508, the total credit authority for each covered program, but which total shall not cause the maximum permissible subsidy rate (as set forth in that section) for that program to be breached.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by it shall apply with respect to fiscal years beginning after the date of enactment of this Act.", "summary": "Federal Credit Cost Reduction Act of 1994 - Amends the Federal Credit Reform Act of 1990 to include administrative costs (which, currently, are expressly excluded) in the estimated long-term costs to the Government of direct loans and loan guarantees. Amends Federal law to require the President's annual budget to contain a separate listing of administrative costs for direct loans and loan guarantees on a cash accounting basis and an appendix of such costs by program, by agency, and for the Government. Establishes maximum permissible subsidy rates for each credit reform program account. Reduces such rates from 40 percent for FY 1995 to five percent by FY 1999."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Physicians Comparability Allowance Amendments of 2000''. SEC. 2. AUTHORITY MADE PERMANENT. (a) In General.-- (1) Amendment to title 5, united states code.--The second sentence of section 5948(d) of title 5, United States Code, is repealed. (2) Amendment to the federal physicians comparability allowance act of 1978.--Section 3 of the Federal Physicians Comparability Allowance Act of 1978 (5 U.S.C. 5948 note) is repealed. (b) Technical and Conforming Amendments.--Section 5948 of title 5, United States Code, is amended-- (1) by repealing paragraph (2) of subsection (j); and (2) in subsection (j)(1)-- (A) by striking ``(j)(1)'' and inserting ``(j)''; (B) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively; and (C) in paragraph (5) (as so redesignated by this paragraph) by striking ``subparagraph (B)'' and inserting ``paragraph (2)''. SEC. 3. TREATMENT OF ALLOWANCES AS PART OF BASIC PAY FOR RETIREMENT PURPOSES. (a) Definition of Basic Pay.--Section 8331(3) of title 5, United States Code, is amended-- (1) in subparagraph (F) by striking ``and'' after the semicolon; (2) in subparagraph (G) by inserting ``and'' after the semicolon; (3) by inserting after subparagraph (G) the following: ``(H) any amount received under section 5948 (relating to physicians comparability allowances);''; and (4) in the matter following subparagraph (H) (as added by paragraph (3)) by striking ``through (G)'' and inserting ``through (H)''. (b) Civil Service Retirement System.-- (1) Computation rules.--Section 8339 of title 5, United States Code, is amended by adding at the end the following: ``(s)(1) For purposes of this subsection, the term `physicians comparability allowance' refers to an amount described in section 8331(3)(H). ``(2) Except as otherwise provided in this subsection, no part of a physicians comparability allowance shall be treated as basic pay for purposes of any computation under this section unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician (whether performed before, on, or after the date of the enactment of this subsection). ``(3) If the condition under paragraph (2) is met, then, any amounts received by the individual in the form of a physicians comparability allowance shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the date of the enactment of this subsection, and only to the extent of the percentage allowable, which shall be determined as follows: ``If the total amount of service performed, on or after the date of Then, the percentage the enactment of this subsection, allowable is: as a Government physician is: Less than 2 years......................................... 0 At least 2 but less than 4 years.......................... 25 At least 4 but less than 6 years.......................... 50 At least 6 but less than 8 years.......................... 75 At least 8 years.......................................... 100. ``(4) Notwithstanding any other provision of this subsection, 100 percent of all amounts received as a physicians comparability allowance shall, to the extent attributable to service performed on or after the date of the enactment of this subsection, be treated as basic pay (without regard to any of the preceding provisions of this subsection) for purposes of computing-- ``(A) an annuity under subsection (g); and ``(B) a survivor annuity under section 8341, if based on the service of an individual who dies before separating from service.''. (2) Government physician defined.--Section 8331 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following: ``(28) `Government physician' has the meaning given that term under section 5948.''. (c) Federal Employees' Retirement System.-- (1) Computation rules.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(i)(1) For purposes of this subsection, the term `physicians comparability allowance' refers to an amount described in section 8331(3)(H). ``(2) Except as otherwise provided in this subsection, no part of a physicians comparability allowance shall be treated as basic pay for purposes of any computation under this section unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician (whether performed before, on, or after the date of the enactment of this subsection). ``(3) If the condition under paragraph (2) is met, then, any amounts received by the individual in the form of a physicians comparability allowance shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the date of the enactment of this subsection, and only to the extent of the percentage allowable, which shall be determined as follows: ``If the total amount of service performed, on or after the date of Then, the percentage the enactment of this subsection, allowable is: as a Government physician is: Less than 2 years......................................... 0 At least 2 but less than 4 years.......................... 25 At least 4 but less than 6 years.......................... 50 At least 6 but less than 8 years.......................... 75 At least 8 years.......................................... 100. ``(4) Notwithstanding any other provision of this subsection, 100 percent of all amounts received as a physicians comparability allowance shall, to the extent attributable to service performed on or after the date of the enactment of this subsection, be treated as basic pay (without regard to any of the preceding provisions of this subsection) for purposes of computing-- ``(A) an annuity under section 8452; and ``(B) a survivor annuity under subchapter IV, if based on the service of an individual who dies before separating from service.''. (2) Government physician defined.--Section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``; and'', and by adding at the end the following: ``(34) the term `Government physician' has the meaning given such term under section 5948.''. (d) Conforming Amendment.--Section 5948(h)(1) of title 5, United States Code, is amended by striking ``chapter 81, 83, or 87'' and inserting ``chapter 81 or 87''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Redefines \"basic pay\" to include any amounts received as physicians comparability allowances as part of basic pay for Federal employee retirement purposes. Amends provisions relating to the computation of an annuity under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to prohibit any part of such an allowance from being treated as basic pay unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician. Requires, if such condition is met, that any amounts received by the individual as such an allowance shall be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the enactment of this Act, and only to the extent of the percentage allowable as specified by this Act. Requires that 100 percent of all amounts received as such an allowance, to the extent attributable to service performed on or after enactment, be treated as basic pay (without regard to any of the preceding provisions of this paragraph) for purposes of computing: (1) an annuity of a disabled employee or member; and (2) a survivor annuity if based on the service of an individual who dies before separating from service."}
{"article": "SECTION 1. USTR DETERMINATIONS IN TRIPS AGREEMENT INVESTIGATIONS. (a) In General.--Section 304(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2414(a)(2)(A)) is amended by inserting after ``agreement,'' the following: ``except an investigation initiated pursuant to section 302(b)(2)(A) involving rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (defined in section 101(d)(15) of the Uruguay Round Agreements Act) or the GATT 1994 (referred to in section 101(d)(1) of such Act) relating to products subject to intellectual property protection,''. (b) Timeframe for TRIPS Agreement Determinations.--Section 304(a)(3)(A) of the Trade Act of 1974 is amended to read as follows: ``(A) If an investigation is initiated under this chapter by reason of section 302(b)(2) and-- ``(i) the Trade Representative considers that rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights or the GATT 1994 relating to products subject to intellectual property protection are involved, the Trade Representative shall make the determination required under paragraph (1) not later than 30 days after the date on which the dispute settlement procedure is concluded; or ``(ii) the Trade Representative does not consider that a trade agreement, including the Agreement on Trade-Related Aspects of Intellectual Property Rights), is involved or does not make a determination described in subparagraph (B) with respect to such investigation, the Trade Representative shall make the determinations required under paragraph (1) with respect to such investigation by no later than the date that is 6 months after the date on which such investigation is initiated.''. (c) Conforming Amendment.--Section 305(a)(2)(B) of the Trade Act of 1974 is amended by striking ``section 304(a)(3)(A)'' and inserting ``section 304(a)(3)(A)(ii)''. SEC. 2. PETITIONS FOR REVIEW UNDER ATPA AND CBERA. (a) ATPA.--Section 203 of the Andean Trade Preference Act (19 U.S.C. 3202) is amended by adding at the end the following new subsection: ``(g) Petitions for Review.--The United States Trade Representative shall ensure a timely review and disposition of requests received from an interested party that the President reconsider the status of a country as a beneficiary country under this Act.''. (b) CBI.--Section 212 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702) is amended by adding at the end the following new subsection: ``(g) Petitions for Review.--The United States Trade Representative shall ensure a timely review and disposition of requests received from an interested party that the President reconsider the status of a country as a beneficiary country under this Act.''. SEC. 3. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS UNDER GSP. Section 502(c) of the Trade Act of 1974 (19 U.S.C. 2462(c)) is amended by striking the semicolon at the end of paragraph (5) and adding the following: ``notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act;''. SEC. 4. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS UNDER CBI. (a) In General.--Section 212(c) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(c)) is amended by striking the semicolon at the end of paragraph (9) and adding the following: ``notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act;''. (b) CBTPA Beneficiary Country.--Section 213(b)(5)(B)(ii) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(5)(B)(ii)) is amended to read as follows: ``(ii) The extent to which the country provides adequate and effective protection of intellectual property rights notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act;''. SEC. 5. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS UNDER THE ATPA. (a) In General.--Section 203(d) of the Andean Trade Preference Act (19 U.S.C. 3202(d)) is amended by striking the semicolon at the end of paragraph (9) and adding the following: ``notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act;''. (b) ATPDEA Beneficiary Country.--Section 204(b)(6)(B)(ii) of the Andean Trade Preference Act (19 U.S.C. 3203(b)(6)(B)(ii)) is amended to read as follows: ``(ii) The extent to which the country provides adequate and effective protection of intellectual property rights notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act.''.", "summary": "Amends the Trade Act of 1974 to require the U.S. Trade Representative (USTR) to make specified determinations about U.S. rights within 30 days after a dispute settlement procedure is concluded if the USTR considers that U.S. rights are involved under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) or the GATT 1994 relating to products subject to intellectual property protection. Amends the Andean Trade Preference Act (ATPA) and the Caribbean Basin Economic Recovery Act (CBERA) to require the USTR to ensure a timely review and disposition of requests received from an interested party that the President reconsider the status of a country as a beneficiary country under such Acts. Amends the Trade Act of 1974, CBERA, and ATPA to revise the requirement that the President, when making a determination to designate a country as a beneficiary developing country entitled to certain trade benefits, to take into account, among other things, the extent to which such country is providing adequate and effective protection of intellectual property rights. Requires the President to make such determination notwithstanding the fact that the country may be in compliance with TRIPS (thus making TRIPS compliance necessary but not sufficient evidence of adequate and effective protection of intellectual property rights)."}
{"article": "SECTION 1. EXCISE TAXES ON ACTS OF SELF-DEALING AND PRIVATE INUREMENT BY CERTAIN TAX-EXEMPT ORGANIZATIONS. (a) In General.--Chapter 42 of the Internal Revenue Code of 1986 (relating to private foundations and certain other tax-exempt organizations) is amended by redesignating subchapter D as subchapter E and by inserting after subchapter C the following new subchapter: ``Subchapter D--Acts of Self-Dealing and Private Inurement by Certain Exempt Organizations ``Sec. 4958. Taxes on certain acts of self-dealing. ``Sec. 4959. Taxes on private inurement. ``Sec. 4960. Other definitions. ``SEC. 4958. TAXES ON CERTAIN ACTS OF SELF-DEALING. ``(a) Initial Taxes.-- ``(1) On self-dealer.--There is hereby imposed a tax on each act of self-dealing between a disqualified person and an applicable tax-exempt organization. The amount of such tax shall be 5 percent of the amount involved with respect to the act of self-dealing for each year (or part thereof) in the taxable period. The tax imposed by this paragraph shall be paid by any disqualified person (other than an organization manager acting only as such) who participates in the act of self- dealing. ``(2) On organization manager.--In any case in which a tax is imposed by paragraph (1), there is hereby imposed on the participation of any organization manager in any act of self- dealing between a disqualified person and an applicable tax- exempt organization, knowing that it is such an act, a tax equal to 2.5 percent of the amount involved with respect to such act of self-dealing for each year (or part thereof) in the taxable period, unless such participation is not willful and is due to reasonable cause. The tax imposed by this paragraph shall be paid by any organization manager who participated in the act of self-dealing. ``(b) Additional Taxes.-- ``(1) On self-dealer.--In any case in which an initial tax is imposed by subsection (a)(1) on any act of self-dealing between a disqualified person and an applicable tax-exempt organization and such act is not corrected within the taxable period, there is hereby imposed a tax equal to 200 percent of the amount involved. The tax imposed by this paragraph shall be paid by any disqualified person (other than an organization manager acting only as such) who participated in the act of self-dealing. ``(2) On organization manager.--In any case in which an additional tax is imposed by paragraph (1), if an organization manager refused to agree to part or all of the correction, there is hereby imposed a tax equal to 50 percent of the amount involved. The tax imposed by this paragraph shall be paid by any organization manager who refused to agree to part or all of the correction. ``(c) Special Rules.-- ``(1) Joint and several liability.--If more than one person is liable under any paragraph of subsection (a) or (b) with respect to any one act of self-dealing, all such persons shall be jointly and severally liable under such paragraph with respect to such act. ``(2) $10,0000 limit for management.--With respect to any one act of self-dealing, the maximum amount of the tax imposed by subsection (a)(2) shall not exceed $10,000, and the maximum amount of the tax imposed by subsection (b)(2) shall not exceed $10,000. ``(d) Self-Dealing.--For purposes of this section-- ``(1) In general.--Except as provided by paragraph (2), the term `self-dealing' means any direct or indirect-- ``(A) transfer, lease, or license of property between an applicable tax-exempt organization and a disqualified person, and ``(B) lending of money or other extension of credit between an applicable tax-exempt organization and a disqualified person. ``(2) Exceptions.--The term `self-dealing' shall not include-- ``(A) the lending of money by a disqualified person to an applicable tax-exempt organization if the loan is without interest or other charge (determined without regard to section 7872) and if the proceeds of the loan are used exclusively for exempt purposes, ``(B) the furnishing of goods or facilities by a disqualified person to an applicable tax-exempt organization if the furnishing is without charge and if the goods or facilities so furnished are used exclusively for exempt purposes, and ``(C) any transfer, lease, or license of property if-- ``(i) such transfer, lease, or license (as the case may be) is by a disqualified person in the ordinary course of such disqualified person's trade or business and such transaction is on a basis comparable to the basis on which similar transactions are made in the ordinary course of such trade or business with other parties, or ``(ii) such transfer, lease, or license (as the case may be) is by an applicable tax-exempt organization in the ordinary course of its activities and such transaction is made on a basis comparable to the basis on which similar transactions are made in the ordinary course of such activities with other parties. ``(3) Exempt purpose.--For purposes of paragraph (2), the term `exempt purpose' means-- ``(A) in the case of an organization described in section 501(c)(3), any purpose specified in section 501(c)(3), and ``(B) in the case of an organization described in section 501(c)(4), any purposes specified in section 501(c)(4). ``(e) Other Definitions.--For purposes of this section-- ``(1) Taxable period.--The term `taxable period' means, with respect to any act of self-dealing, the period beginning with the date on which the act of self-dealing occurs and ending on the earliest of-- ``(A) the date of mailing a notice of deficiency under section 6212 with respect to the tax imposed by subsection (a)(1), ``(B) the date on which the tax imposed by subsection (a)(1) is assessed, or ``(C) the date on which correction of the act of self-dealing is completed. ``(2) Amount involved.--The term `amount involved' means, with respect to any act of self-dealing, the greater of the amount of money and fair market value of other property given, or the amount of money and fair market value of other property received. In the case of a lease or license, the amount involved is the fair market value of the leased or licensed property. For purposes of this paragraph-- ``(A) in the case of the taxes imposed by subsection (a), fair market value shall be determined as of the date on which the act of self-dealing occurs, and ``(B) in the case of the taxes imposed by subsection (b), fair market value shall be the highest fair market value during the taxable period. ``(3) Correction.--The terms `correction' and `correct' mean, with respect to any act of self-dealing transaction, undoing the transaction to the extent possible, but in any case place the applicable tax-exempt organization in a financial position not worse than that in which it would be if the disqualified person were dealing under the highest fiduciary standards. ``SEC. 4959. TAXES ON PRIVATE INUREMENT. ``(a) Initial Taxes.-- ``(1) On the organization.--There is hereby imposed on any taxable inurement a tax equal to 10 percent of the amount thereof. The tax imposed by this paragraph shall be paid by the organization with respect to which such inurement occurred. ``(2) On the management.--There is hereby imposed on the participation of any organization manager of an organization in any taxable inurement which occurs with respect to such organization, knowing that it is taxable inurement, a tax equal to 2\\1/2\\ percent of the amount thereof, unless such participation is not willful and is due to reasonable cause. The tax imposed by this paragraph shall be paid by the organization manager who participated in the taxable inurement. ``(3) On the beneficiary.--There is hereby imposed on any taxable inurement a tax equal to 5 percent of the amount thereof. The tax imposed by this paragraph shall be paid by the beneficiary of such inurement. ``(b) Additional Taxes.-- ``(1) On the organization.--In any case in which an initial tax is imposed by subsection (a)(1) on any taxable inurement and such inurement is not corrected within the taxable period, there is hereby imposed a tax equal to 100 percent of the amount of the taxable inurement. The tax imposed by this paragraph shall be paid by the organization with respect to which such inurement occurred. ``(2) On the management.--In any case in which an additional tax is imposed by paragraph (1), if an organization manager refused to agree to part or all of the correction, there is hereby imposed a tax equal to 50 percent of the amount of the taxable inurement. The tax imposed by this paragraph shall be paid by any organization manager who refused to agree to part or all of the correction. ``(3) On the beneficiary.--In any case in which an additional tax is imposed by paragraph (1), there is hereby imposed a tax equal to 200 percent of the amount of the taxable inurement. The tax imposed by this paragraph shall be paid by the beneficiary of such inurement. ``(c) Taxable Inurement.--For purposes of this section, the term `taxable inurement' means any direct or indirect inurement of any part of the net earnings of an applicable tax-exempt organization to the benefit of any disqualified person. Such term shall not include any act of self-dealing on which tax is imposed under section 4958. ``(d) Special Rules.--For purposes of this section-- ``(1) Joint and several liability.--If more than one person is liable under any paragraph of subsection (a) or (b) with respect to any one taxable inurement, all such persons shall be jointly and severally liable under such paragraph with respect to such inurement. ``(2) Limit for management.--With respect to any 1 taxable inurement, the maximum amount of the tax imposed by subsection (a)(2) shall not exceed $10,000, and the maximum amount of the tax imposed by subsection (b)(2) shall not exceed $10,000. ``(e) Other Definitions.--For purposes of this section-- ``(1) Taxable period.--The term `taxable period' means, with respect to any taxable inurement, the period beginning with the date on which the inurement occurs and ending on the earliest of-- ``(A) the date of mailing a notice of deficiency under section 6212 with respect to the tax imposed by subsection (a)(1), or ``(B) the date on which the tax imposed by subsection (a)(1) is assessed. ``(2) Correction.--The terms `correction' and `correct' mean, with respect to any taxable inurement, undoing the inurement to the extent possible, establishing safeguards to prevent future taxable inurement, and where fully undoing the inurement is not possible, such additional corrective action as is prescribed by the Secretary by regulations. ``SEC. 4960. OTHER DEFINITIONS. ``(a) Applicable Tax-Exempt Organization.--For purposes of this subchapter, the term `applicable tax-exempt organization' means any organization which (without regard to any act of self-dealing or taxable inurement) would be described in paragraph (3) or (4) of section 501(c) and exempt from tax under section 501(a). Such term shall not include any private foundation. ``(b) Disqualified Person.--For purposes of this subchapter, the term `disqualified person' means, with respect to any transaction-- ``(1) any person who was an organization manager at any time during the 5-year period ending on the date of such transaction, ``(2) any member of a family (as defined in section 4946(d)) of any person described in paragraph (1), and ``(3) any 35-percent controlled entity of persons described in paragraph (1) or (2). ``(c) Organization Manager.--For purposes of this subchapter, the term `organization manager' means, with respect to any applicable tax- exempt organization, any officer, director, or trustee of such organization (or any individual having powers or responsibilities similar to those of officers, directors, or trustees of the organization). Such term includes any person performing substantial medical services as a physician for the applicable tax-exempt organization pursuant to an employment or other contractual relationship. ``(d) 35-Percent Controlled Entity.--For purposes of this section-- ``(1) 35-percent controlled entity.--The term `35-percent controlled entity' means-- ``(A) a corporation in which persons described in paragraph (1) or (2) of subsection (b) own more than 35 percent of the combined voting power, ``(B) a partnership in which such persons own more than 35 percent of the profits interest, and ``(C) a trust or estate in which such persons own more than 35 percent of the beneficial interest. ``(2) Constructive ownership rules.--Rules similar to the rules of paragraphs (3) and (4) of section 4946(a) shall apply for purposes of this subsection.'' (b) Application of Private Inurement Rule to Tax-Exempt Civic Leagues.--Paragraph (4) of section 501(c) of such Code is amended to read as follows: ``(4)(A) Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare and no part of the net earnings of which inures to the benefit of any private shareholder or individual. ``(B) Local associations of employees-- ``(i) the membership of which is limited to the employees of a designated person or persons in a particular municipality, and ``(ii) which is operated exclusively for charitable, educational, or recreational purposes.'' (c) Technical and Conforming Amendments.-- (1) Subsection (e) of section 4955 of such Code is amended-- (A) by striking ``Section 4945'' in the heading and inserting ``Sections 4945 and 4959'', and (B) by inserting before the period ``or a taxable inurement for purposes of section 4959''. (2) Subsections (a), (b), and (c) of section 4963 of such Code are each amended by inserting ``4958, 4959,'' after ``4955,''. (3) Subsection (e) of section 6213 of such Code is amended by inserting ``4958 (relating to acts of self-dealing), 4959 (relating to private inurement),'' before ``4971''. (4) The table of subchapters for chapter 42 of such Code is amended by striking the last item and inserting the following: ``Subchapter D. Acts of self-dealing and private inurement by certain exempt organizations. ``Subchapter E. Abatement of first and second tier taxes in certain cases.'' (d) Effective Date.--The amendments made by this section shall apply to transactions occurring on or after January 1, 1994.", "summary": "Amends the Internal Revenue Code to impose an excise tax on: (1) each act of self-dealing between a disqualified person and a tax-exempt organization; and (2) any direct or indirect inurement of net earnings of a tax-exempt organization to the benefit of any disqualified person. Describes a disqualified person as: (1) any organization manager; (2) any family member of an organization manager; or (3) any 35-percent controlled entity of such persons."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Syrian War Crimes Accountability Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On February 22, 2014, the United Nations Security Council unanimously adopted Resolution 2139 recognizing the escalating level of violence in Syria. (2) Credible sources estimate the death of more than 140,000 people in Syria, including 10,000 children. (3) On February 27, 2014, the Department of State issued its 2013 Human Rights Report on Syria, which described President Bashar al Assad's use of ``indiscriminate and deadly force'' in the conflict, including the August 21, 2013, use of ``sarin gas and artillery to target East Ghouta and Moadamiya al-Sham, suburbs of Damascus, which killed over 1,000 people.'' (4) The United Nations Independent International Commission of Inquiry on the Syrian Arab Republic reports that pro- government forces have conducted attacks on Syrian civilian populations, and have utilized murder, torture, assault, and rape as war tactics. Anti-government groups have also committed murder and torture, engaged in hostage-taking, attacked protected objects, and shelled civilian neighborhoods. (5) Internationally accepted rules of war require actors to distinguish between civilians and combatants and that all parties adhere to the principle of medical neutrality whereby both sides ensure unhindered access to medical care. SEC. 3. SENSE OF CONGRESS. Congress-- (1) strongly condemns the ongoing violence, use of chemical weapons, targeting of civilian populations with barrel, incendiary and cluster bombs, and SCUD missiles, and systematic gross human rights violations carried out by Government of Syria and pro-government forces under the direction of President Bashar al-Assad, as well as abuses committed by violent extremist groups and other combatants involved in the civil war in Syria; (2) expresses its support for the people of Syria seeking democratic change; (3) urges all parties to the conflict to immediately halt indiscriminate attacks on civilians; (4) calls on the President to support efforts in Syria and on the part of the international community to ensure accountability for war crimes and crimes against humanity committed during the conflict; and (5) calls for a United Nations Security Council investigation into gross violations of human rights and war crimes committed during the Syrian conflict. SEC. 4. REPORT ON ACCOUNTABILITY FOR WAR CRIMES AND CRIMES AGAINST HUMANITY IN SYRIA. (a) In General.--Not later than 90 days after the date of the enactment of this Act, and again not later than 180 days after the cessation of violence in Syria, the Secretary of State shall submit to the appropriate congressional committees a report on war crimes and crimes against humanity in Syria. (b) Elements.--The report required under paragraph (1) shall include the following elements: (1) A description of violations of internationally recognized human rights and crimes against humanity perpetrated during the civil war in Syria, including-- (A) an account of the war crimes and crimes against humanity committed by the regime of President Bashar al-Assad; (B) an account of the war crimes and crimes against humanity committed by violent extremist groups and other combatants in the conflict; and (C) a description of the conventional and unconventional weapons used for such crimes and, where possible, the origins of the weapons. (2) A description of efforts by the Department of State and the United States Agency for International Development to ensure accountability for violations of internationally recognized human rights and crimes against humanity perpetrated against the people of Syria by the regime of President Bashar al-Assad, violent extremist groups, and other combatants involved in the conflict, including-- (A) a description of initiatives that the United States Government has undertaken to train investigators in Syria on how to document, investigate, and develop findings of war crimes, including the number of United States Government or contract personnel currently designated to work full-time on these issues and an identification of the authorities and appropriations being used to support training efforts; (B) a description of the strategy and implementation efforts to ensure accountability for crimes committed during the Syrian conflict, including efforts to promote the establishment of an ad hoc tribunal to prosecute the perpetrators of war crimes committed during the civil war in Syria; and (C) an assessment of the impact of those initiatives. (c) Appropriate Congressional Committee Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives.", "summary": "Syrian War Crimes Accountability Act of 2014 - States that Congress: (1) condemns the ongoing violence, use of chemical weapons, targeting of civilian populations, and systematic gross human rights violations carried out by government of Syria and pro-government forces under the direction of President Bashar al-Assad, as well as abuses committed by extremist groups and other combatants involved in the civil war in Syria; (2) supports the people of Syria seeking democratic change; (3) urges all parties to the conflict to halt attacks on civilians; (4) calls on the President to support efforts in Syria and on the part of the international community to ensure accountability for war crimes and crimes against humanity committed during the conflict; and (5) calls for a United Nations (U.N.) Security Council investigation into gross violations of human rights and war crimes committed during the Syrian conflict. Direct the Secretary of State to report to Congress regarding war crimes and crimes against humanity in Syria."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``DXM Abuse Prevention Act of 2016''. SEC. 2. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN. (a) Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(eee) The failure of a retailer to implement a verification system as required by section 506G (relating to sales of over-the- counter drugs containing dextromethorphan).''. (b) Verification System.--The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 506F of such Act (21 U.S.C. 356f) the following: ``SEC. 506G. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN. ``(a) Verification System.--Any retailer selling or offering for sale in interstate commerce dextromethorphan shall implement a verification system to ensure compliance with this section. Such a system may ensure such compliance by means of-- ``(1) an electronic point-of-sale system coded to prompt for verification of the age of all purchasers of drugs described in subsection (b) and deny sales to those under the age of 18; ``(2) training manuals or materials instructing employees to verify the age of all purchasers of such drugs and deny sales to those under the age of 18; ``(3) signage in and around the sales counter outlining the age restriction on sales of such drugs; ``(4) designating one on-duty employee to approve all sales of such drugs; or ``(5) any other verification measure deemed valid by the Secretary. ``(b) Prohibition.--Except as provided in subsection (c), each retailer shall verify that no individual is under 18 years of age who purchases any drug that-- ``(1) contains dextromethorphan; and ``(2) is not subject to section 503(b)(1). ``(c) Exceptions.-- ``(1) Individuals over 26.--Subsection (b) does not require verification of the age of any individual over the age of 26. ``(2) Valid prescription.--Subsection (b) does not apply to any sale made pursuant to a validly issued prescription. ``(3) Valid military identification card.--Subsection (b) does not apply to any sale to an individual under 18 years of age if such individual supplies proof at the time of such sale that such individual is actively enrolled in the military and presents a valid military identification card. ``(d) Affirmative Defense.--It shall be an affirmative defense to an alleged violation of subsection (b) that the individual selling a drug containing dextromethorphan-- ``(1) examined the purchaser's identification card; and ``(2) based on that examination, reasonably concluded that the identification was valid and indicated that the purchaser was not less than 18 years of age. ``(e) Definition.--In this paragraph, the term `identification card' means an identification card that-- ``(1) includes a photograph and the date of birth of the individual; and ``(2) is issued by a State or the Federal Government or is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code of Federal Regulations (including any successor regulations).''. (c) Civil Penalties.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following: ``(h) Notwithstanding subsection (a), the following provisions shall apply to violations of section 301(eee): ``(1) A person who violates section 301(eee) shall-- ``(A) receive a violation notification from the Secretary for the first such violation; and ``(B) be subject to a civil penalty in an amount-- ``(i) not more than $1,000 for the second such violation by a person; ``(ii) not more than $2,000 for the third such violation by a person; and ``(iii) not more than $5,000 for the fourth such violation, or a subsequent such violation, by a person. ``(2) In determining the amount of a civil penalty under this subsection for a person who is a retailer, the Secretary shall consider whether the retailer has taken appropriate steps to prevent subsequent violations, such as the establishment and administration of a documented employee training program to ensure all employees are familiar with and abiding by the provisions of section 506G, where such program includes-- ``(A) educating employees regarding products containing dextromethorphan; ``(B) instruction on the correct method of checking a purchaser's identification card; and ``(C) notifying employees of the civil penalties under this subsection. ``(3) If a person who is a retailer transacts sales of products containing dextromethorphan at more than one physical location, for purposes of determining the number of violations by that person under this subsection, each individual physical location operated by that retailer shall be considered a separate person. ``(4) The Secretary shall notify persons found to have violated section 301(eee) as soon as practicable after the Secretary discovers such violation. Such notification shall include the date and time when the violation was observed to occur. ``(5) Notwithstanding any other provision of this subsection or section 301(eee), an employee shall not be subject to penalties under this subsection unless such employee knowingly and willfully participates in a conspiracy to violate section 301(eee). For purposes of this paragraph, a conspiracy shall consist of an agreement between 2 or more persons with the intent to violate section 301(eee) and the commission of at least one overt act in furtherance of the agreement. ``(6) In this subsection-- ``(A) the term `employee' means an individual who is employed by a retailer in a clerical or other non- managerial position; and ``(B) the term `retailer' means a grocery store, general merchandise store, drug store, pharmacy, convenience store, or other entity or person whose activities as a distributor relating to products containing dextromethorphan are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, including any sales made by the Internet or other means.''. SEC. 3. RESTRICTIONS ON DISTRIBUTION OF BULK DEXTROMETHORPHAN. The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) is amended-- (1) in section 501, by adding at the end the following: ``(k) If it is unfinished dextromethorphan and is possessed, received, or distributed in violation of section 506H.''; (2) by inserting after section 506G, as added by section 2(b), the following: ``SEC. 506H. RESTRICTIONS ON THE DISTRIBUTION OF BULK DEXTROMETHORPHAN. ``(a) In General.--No person shall-- ``(1) possess or receive unfinished dextromethorphan, unless the person is registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients; or ``(2) distribute unfinished dextromethorphan to any person other than a person registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients. ``(b) Exception for Common Carriers.--This section does not apply to a common carrier that possesses, receives, or distributes unfinished dextromethorphan for purposes of distributing such unfinished dextromethorphan between persons described in subsection (a) as registered, licensed, or approved. ``(c) Definitions.--In this section: ``(1) The term `common carrier' means any person that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise, whether or not the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided, between a port or place and a port or place in the United States. ``(2) The term `unfinished dextromethorphan' means dextromethorphan that is not contained in a drug that is in finished dosage form.''; and (3) by amending section 303, as amended by section 2(c), by adding at the end the following: ``(i) Notwithstanding subsection (a), a person who violates section 506H shall be subject to a civil penalty of not more than $100,000.''.", "summary": "DXM Abuse Prevention Act of 2016 This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale of a drug containing dextromethorphan (DXM) to an individual under age 18 unless the individual has a prescription or is actively enrolled in the military. Civil monetary penalties that escalate upon repeated violation are imposed. To possess or receive unfinished DXM, a person must be registered with the Department of Health and Human Services as a producer of a drug or medical device or otherwise allowed to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients. Unfinished DXM may be distributed only to these authorized persons. Common carriers distributing unfinished DXM between authorized persons are exempted. Civil monetary penalties are imposed for possession and distribution violations."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Railroad Infrastructure Financing Improvement Act''. (b) References to the Railroad Revitalization and Regulatory Reform Act of 1976.--Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.). SEC. 2. DEFINITIONS. Section 501 (45 U.S.C. 821) is amended-- (1) by redesignating paragraph (8) as paragraph (10); (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; (3) by inserting after paragraph (5) the following: ``(6) The term `investment-grade rating' means a rating of BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by a rating agency.''; (4) by inserting after paragraph (8), as redesignated, the following: ``(9) The term `master credit agreement' means an agreement to make 1 or more direct loans or loan guarantees at future dates for a program of related projects secured by a common security pledge on terms acceptable to the Secretary.''; and (5) by adding at the end the following: ``(11) The term `project obligation' means as note, bond, debenture, or other debt obligation issued by a borrower in connection with the financing of a project, other than a direct loan or loan guarantee under this title. ``(12) The term `railroad' has the meaning given the term `railroad carrier' in section 20102 of title 49, United States Code. ``(13) The term `rating agency' means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))). ``(14) The term `substantial completion' means-- ``(A) the opening of a project to passenger or freight traffic; or ``(B) a comparable event, as determined by the Secretary and specified in the direct loan.''. SEC. 3. ELIGIBLE APPLICANTS. Section 502(a) (45 U.S.C. 822(a)) is amended-- (1) in paragraph (5), by striking ``one railroad; and'' and inserting ``1 of the entities described in paragraph (1), (2), (3), (4), or (6);''; (2) by amending paragraph (6) to read as follows: ``(6) solely for the purpose of constructing a rail connection between a plant or facility and a rail carrier, limited option freight shippers that own or operate a plant or other facility; and''; and (3) by adding at the end the following: ``(7) any obligor, as designated by an entity otherwise eligible to receive a direct loan or loan guarantee under this section, including a special purpose entity receiving user fees or other payments or revenues from dedicated sources for debt service and maintenance of the equipment or facilities to be acquired or improved; and ``(8) solely for a project described in subsection (b)(1)(D), a public-private partnership, private entity, or consortium that specializes in real estate development.''. SEC. 4. ELIGIBLE PURPOSES. Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended-- (1) in subparagraph (A), by inserting ``, and including costs related to these activities and excluding operating expenses'' after ``shops''; (2) in subparagraph (B), by striking ``subparagraph (A); or'' and inserting ``subparagraph (A) or (C);''; (3) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(D) finance economic development, including commercial and residential development, and related infrastructure and activities, that-- ``(i) incorporates private investment; ``(ii) is physically or functionally related to a passenger rail station or multimodal station; and ``(iii) is likely to increase ridership at that station.''. SEC. 5. PROGRAM ADMINISTRATION. (a) Application Processing Procedures.--Section 502(i) (45 U.S.C. 822(i)) is amended to read as follows: ``(i) Application Processing Procedures.-- ``(1) Application status notices.--Not later than 30 days after the date that the Secretary receives an application under this section, the Secretary shall provide the applicant written notice as to whether the application is complete or incomplete. ``(2) Incomplete applications.--If the Secretary determines that an application is incomplete, the Secretary shall-- ``(A) provide the applicant with a description of all of the specific information or material that is needed to complete the application; and ``(B) allow the applicant to resubmit the information and material described under subparagraph (A) to complete the application without prejudice. ``(3) Application approvals and disapprovals.--Not later than 60 days after the date the Secretary notifies an applicant that an application is complete under paragraph (1), the Secretary shall provide the applicant written notice as to whether the Secretary has approved or disapproved the application. ``(4) Expedited processing.--The Secretary shall implement procedures and measures to economize the time and cost involved in obtaining an approval or a disapproval of credit assistance under this title.''. (b) Administration of Direct Loans and Loan Guarantees.--Section 503 (45 U.S.C. 823) is amended-- (1) in subsection (a), by striking the period at the end and inserting ``, including a program guide and standard term sheet, application deadlines, and specific timetables.''; (2) by redesignating subsections (c) through (l) as subsections (d) through (m), respectively; (3) by striking ``(b) Assignment of Loan Guarantees.--'' and inserting ``(c) Assignment of Loan Guarantees.--''; (4) in subsection (d), as redesignated-- (A) in paragraph (1), by striking ``; and'' and inserting a semicolon; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) the modification cost has been covered under section 502(f).''; and (5) by amending subsection (l), as redesignated, to read as follows: ``(l) Charges.-- ``(1) Purposes.--The Secretary may collect from each applicant a reasonable charge for-- ``(A) the cost of evaluating the application, amendments, modifications, and waivers, including appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought, and for making necessary determinations and findings; ``(B) the cost of award management and project management oversight; ``(C) the cost of services from expert firms, including counsel, in the field of railroad, municipal, and project finance, to assist in the underwriting, auditing, servicing, and exercise of rights with respect to direct loans and loan guarantees; and ``(D) the cost of all other expenses incurred as a result of a breach of any term or condition or any event of default on a direct loan or loan guarantee. ``(2) Standards.--The Secretary shall prescribe standards for applying a charge under this subsection to ensure that it does not prevent an applicant from having adequate access to direct loans and loan guarantees under this title. ``(3) Safety and operations account.--Amounts collected under this subsection shall be credited directly to the Safety and Operations account of the Federal Railroad Administration, and shall remain available until expended to pay for the costs described in this subsection.''. SEC. 6. LOAN TERMS AND REPAYMENT. (a) Prerequisites for Assistance.--Section 502(g)(1) (45 U.S.C. 822(g)(1)) is amended by striking ``35 years from the date of its execution'' and inserting ``the lesser of 50 years or 90 percent of the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established''. (b) Repayment Schedules.--Section 502(j) (45 U.S.C. 822(j)) is amended-- (1) in paragraph (1), by striking ``the sixth anniversary date of the original loan disbursement'' and inserting ``5 years after the date of substantial completion''; and (2) by adding at the end the following: ``(3) Deferred payments.-- ``(A) In general.--If at any time after the date of substantial completion the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the direct loan, the Secretary, subject to subparagraph (B), may allow the obligor to add unpaid principal and interest to the outstanding balance of the direct loan. ``(B) Interest.--A payment deferred under subparagraph (A) shall-- ``(i) continue to accrue interest under paragraph (2) until the loan is fully repaid; and ``(ii) be scheduled to be amortized over the remaining term of the loan. ``(4) Prepayments.-- ``(A) Use of excess revenues.--Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and direct loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the direct loan without penalty. ``(B) Use of proceeds of refinancing.--The direct loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources.''. SEC. 7. CREDIT RISK PREMIUMS. Section 502(f) (45 U.S.C. 822(f)) is amended-- (1) in paragraph (1), by amending the first sentence to read as follows: ``In lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section 504(b)(1) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)(1)), including the cost of a modification thereof, the Secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-Federal source, including a State or local government or agency thereof, to fund in whole or in part credit risk premiums and modification costs with respect to the loan that is the subject of the application or modification.''; (2) in paragraph (2)-- (A) in subparagraph (D), by adding ``and'' after the semicolon; (B) by striking subparagraph (E); and (C) by redesignating subparagraph (F) as subparagraph (E); (3) by striking paragraph (4); (4) by redesignating paragraph (3) as paragraph (4); (5) by inserting after paragraph (2) the following: ``(3) Creditworthiness.--An applicant may propose and the Secretary may accept as a basis for determining the amount of the credit risk premium under paragraph (2) any of the following in lieu of the value of any tangible asset as collateral under paragraph (2)(A): ``(A) A rate covenant, if applicable. ``(B) Adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated by the project or any other dedicated revenue source, including-- ``(i) tolls; ``(ii) user fees; or ``(iii) payments owing to the obligor under a public-private partnership. ``(C) An investment-grade rating on debt senior to the direct loan or loan guarantee. ``(D) A rating on the direct loan or loan guarantee, as applicable.''; (6) in paragraph (4), as redesignated, by striking ``amounts'' and inserting ``amounts (and in the case of a modification, before the modification is executed), to the extent appropriations are not available to the Secretary to meet the costs of direct loans and loan guarantees, including costs of modifications thereof''; and (7) by adding at the end the following: ``(5) Use of other federal funds.--Notwithstanding any other provision of law, an applicant may use other Federal funds to pay part or all of a credit risk premium under this subsection.''. SEC. 8. MASTER CREDIT AGREEMENTS. Section 502 (45 U.S.C. 822) is amended by adding at the end the following: ``(k) Master Credit Agreements.-- ``(1) In general.--Subject to section 502(d) and paragraph (2) of this subsection, the Secretary may enter into a master credit agreement if-- ``(A) the common security pledge receives an investment-grade rating from a rating agency prior to the Secretary entering into the master credit agreement; and ``(B) all of the conditions for the provision of direct loans or loan guarantees, as applicable, under this title are satisfied. ``(2) Conditions.--Each master credit agreement shall-- ``(A) establish the maximum amount and general terms and conditions of each applicable direct loan or loan guarantee; ``(B) identify 1 or more dedicated non-Federal revenue sources that will secure the repayment of each applicable direct loan or loan guarantee; ``(C) provide for the obligation of funds for the direct loans or loan guarantees after all requirements have been met for the projects subject to the master credit agreement; and ``(D) unless otherwise extended by the Secretary, require that each applicable direct loan and loan guarantee results in a financial close and obligation of assistance, or release of the master credit agreement, not later than 3 years after the date of entry by the Secretary into the agreement. ``(l) Non-Federal Share.--The proceeds of a direct loan under this title may be used for any non-Federal share of project costs required under chapter 244 of title 49, United States Code, if the loan is repayable from non-Federal funds.''. SEC. 9. MISCELLANEOUS PROVISIONS. (a) Priority Projects.--Section 502(c)(5) (45 U.S.C. 822(c)(5)) is amended by inserting ``or chapter 227 of title 49'' after ``section 135 of title 23''. (b) Conditions of Assistance.--Section 502(h) (45 U.S.C. 822(h)) is amended-- (1) in paragraph (2), by inserting ``, if applicable'' after ``project''; and (2) by adding at the end the following: ``(4) For a project described in subsection (b)(1)(D), the Secretary shall require the applicant to pay, in addition to the interest required under subsection (e), a fee or payment in an amount determined appropriate by the Secretary to provide an equitable share of revenue to support capital or operating costs of routes serving the passenger rail station or multimodal station where the development is located.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for each of fiscal years 2015 through 2020 $100,000,000, to remain available until expended, for the cost of direct loans and loan guarantees under sections 502 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.). SEC. 11. SAVINGS PROVISION. This Act, and the amendments made by this Act, shall not affect any direct loan (or direct loan obligation) or an outstanding loan guarantee (or loan guarantee commitment) that was in effect prior to the date of enactment of this Act. Any such transaction entered into before the date of enactment of this Act shall be administered until completion under its terms as if this Act were not enacted.", "summary": "Railroad Infrastructure Financing Improvement Act This bill amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct the Department of Transportation (DOT) to make direct loans and loan guarantees to: joint ventures that include, instead of at least one railroad, at least one railroad, state or local government, interstate compact, or government sponsored authority or corporation (entity); and any obligor, as designated by such an entity, including a special purpose entity receiving user fees or other payments or revenues from dedicated sources for debt service and maintenance of the equipment or facilities to be acquired or improved. Direct loans and loan guarantees may also be solely for a public-private partnership, private entity, a consortium that specializes in real estate development, or an economic development project physically or functionally related to a passenger rail station or multimodal station. DOT shall notify direct loan or loan guarantee applicants if their applications are incomplete, and within another 60 days approve or disapprove a resubmitted application. Charges may be collected for certain costs additional to the evaluation of applications. The current formula cap on such a charge is repealed. The term for repayment of a direct loan or loan guarantee may extend from a maximum of 35 years to a maximum of the lesser of 50 years or 90% of the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established. DOT may allow an obligor to add unpaid principal and interest to the outstanding balance if at any time after the date of substantial completion the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on a direct loan. Prepayments without penalty are also allowed. Authority for cohorts of loans is repealed. A direct loan or loan guarantee applicant may propose, and DOT may accept as collateral, as a basis for determining the amount of a credit risk premium any of the following in lieu of the value of any tangible asset: a rate covenant; adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated by the project or any other dedicated revenue source; an investment-grade rating on debt senior to the direct loan or loan guarantee; or a rating on the direct loan or loan guarantee. DOT may enter into a master credit agreement (to make one or more direct loans or loan guarantees at future dates for a program of related projects secured by a common security pledge) if: the common security pledge receives an investment-grade rating (BBB minus, Baa 3, bbb minus, BBB[low], or higher) from a rating agency before entry into the master credit agreement; and all specified conditions for the provision of direct loans or loan guarantees, as applicable, are satisfied. DOT must require the applicant for an economic development project to pay, in addition to interest, a fee to provide an equitable share of revenue to support capital or operating costs of routes serving the passenger rail station or multimodal station where the development is located."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Life Insurance Opportunity Act of 1998''. SEC. 2. SPECIAL PERIOD FOR CERTAIN VETERANS TO CONVERT LIFE INSURANCE POLICIES FROM SGLI TO VGLI. (a) In General.--Section 1977(g) of title 38, United States Code, to read as follows: ``(g)(1)(A) Any person whose Servicemembers' Group Life Insurance was continued in force after termination of duty or discharge from service under the law as in effect prior to the date on which the Veterans' Group Life Insurance program (provided for under section 1977 of this title) became effective, and whose coverage under Servicemembers' Group Life Insurance terminated less than four years prior to such date, shall be eligible within one year from the effective date of the Veterans' Group Life Insurance program to apply for and be granted Veterans' Group Life Insurance in an amount equal to the amount of the insured's Servicemembers' Group Life Insurance which was not converted to an individual policy under prior law. ``(B) Veterans' Group Life Insurance issued under subparagraph (A) shall be issued for a term period equal to five years, less the time elapsing between the termination of the applicant's Servicemembers' Group Life Insurance and the effective date on which the Veterans' Group Life Insurance program became effective. ``(2)(A) Any person, on or after the date of the enactment of this paragraph, who did not convert coverage under Servicemembers' Group Life Insurance to coverage under this section within the period after separation provided for under section 1968(a) of this title may, subject to the succeeding provisions of this subsection, apply for (within the 20-month period beginning on the last day of such period of separation) and be granted coverage under this section in an amount equal to the amount of the insured's Servicemembers' Group Life Insurance which was not converted to coverage under this section. ``(B) any person, on or after the date of the enactment of this paragraph, who did not convert coverage under Servicemembers' Group Life Insurance to coverage under this section and whose coverage under Servicemembers' Group Life Insurance terminated during the 5-year period beginning on the date of the expiration of the period of duty or travel under section 1967(b) or 1968(a) of this title may, subject to the succeeding provisions of this subsection, apply for (within the 90- day period beginning on the later of such date of enactment or the end of such 5-year period to) and be granted coverage under this section in an amount equal to the amount of the insured's Servicemembers' Group Life Insurance which was not converted to an individual policy under prior law. ``(C) Veterans' Group Life Insurance issued under this paragraph shall be issued for a term period equal to five years. ``(3) Veterans' Group Life Insurance under this subsection shall only be issued upon application to the administrative office established under section 1966(b) of this title, payment of the required premium, and proof of good health satisfactory to that office, which proof shall be submitted at the applicant's own expense. ``(4)(A) Any person who cannot meet the good health requirements for insurance under this subsection solely because of a service- connected disability shall have such disability waived. ``(B) For each month for which any eligible veteran, whose service- connected disabilities are waived, is insured under this subsection there shall be contributed to the insurer or insurers issuing the policy or policies from the appropriation `Compensation and Pensions, Department of Veterans Affairs' an amount necessary to cover the cost of the insurance in excess of the premiums established for eligible veterans, including the cost of the excess mortality attributable to such veteran's service-connected disabilities. ``(5) The Secretary may establish, as the Secretary may determine to be necessary according to sound actuarial principles, a separate premium, age groupings for premium purposes, accounting, and reserves, for persons granted insurance under this subsection different from those established for other persons granted insurance under this section. ``(6) Appropriations to carry out the purpose of this section are hereby authorized.''. (b) Notice.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall provide for notice to any member of the uniformed services who purchased a Servicemembers' Group Life Insurance policy under subchapter III of chapter 19 of such title, and who did not convert such policy to a Veterans' Group Life Insurance policy under section 1977(g) of such title, of the opportunities under paragraph (2) of such section, as added by subsection (a), to become insured under a Veterans' Group Life Insurance policy during the periods described in such subsection. (c) Effective Dates.--(1) Subparagraph (A) of section 1977(g)(2) of such title, as added by subsection (a), shall apply with respect to a termination of Servicemembers' Group Life Insurance policies under subchapter III of title 38, United States Code, occurring on or after the date of the enactment of this Act. (2) Subparagraph (B) of such section, as added by subsection (a), shall apply with respect to such a termination occurring on or after the date that is four years before the date of the date of the enactment of this Act.", "summary": "Veterans Life Insurance Opportunity Act of 1998 - Amends Veterans' Group Life Insurance (VGLI) provisions to allow any person whose Servicemembers' Group Life Insurance (SGLI) was continued after termination of duty or discharge from military service before the date on which VGLI became effective, and whose coverage under SGLI terminated less than four years prior to such effective date, to apply for VGLI coverage within one year from the effective date of VGLI, in an amount equal to the insured's SGLI amount which was not converted to an individual policy under prior law. Provides a coverage period of five years, less the time elapsed between SGLI termination and the effective date of VGLI. Allows such insurance conversion for certain other individuals who did not convert SGLI coverage. Requires a person who cannot meet the good health requirements for VGLI coverage solely because of a service-connected disability to have such disability waived. Authorizes appropriations. Directs the Secretary of Veterans Affairs to provide due notice to eligible individuals of the opportunity for such conversion."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Executive Service Diversity Assurance Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) according to the most recent findings from the Government Accountability Office-- (A) minorities made up 22.5 percent of the individuals serving at the GS-15 and GS-14 levels and 15.8 percent of the Senior Executive Service in 2007; (B) women made up 34.3 percent of the individuals serving at the GS-15 and GS-14 levels and 29.1 percent of the Senior Executive Service in 2007; and (C) although the number of career Senior Executive Service members increased from 6,110 in 2,000 to 6,555 in 2007, the representation of African-American men in the career Senior Executive Service declined during that same period from 5.5 percent to 5.0 percent; and (2) according to the Office of Personnel Management-- (A) Black employees represented 6.1 percent of employees at the Senior Pay levels and 17.9 percent of the permanent Federal workforce compared to 10 percent in the civilian labor force in 2008; (B) Hispanic employees represented 4.0 percent of employees at the Senior Pay levels and 7.9 percent of the permanent Federal workforce compared to 13.2 percent of the civilian labor force in 2008; and (C) women represented 29.1 percent of employees at the Senior Pay levels and 44.2 percent of the permanent Federal workforce compared to 45.6 percent of the civilian labor force in 2008. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Director'' means the Director of the Office of Personnel Management; (2) the term ``Senior Executive Service'' has the meaning given under section 2101a of title 5, United States Code; (3) the terms ``agency'', ``career appointee'', and ``career reserved position'' have the meanings given under section 3132 of title 5, United States Code; and (4) the term ``SES Resource Office'' means the Senior Executive Service Resource Office established under section 4. SEC. 4. SENIOR EXECUTIVE SERVICE RESOURCE OFFICE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Director shall establish within the Office of Personnel Management an office to be known as the Senior Executive Service Resource Office. (b) Mission.--The mission of the SES Resource Office shall be to-- (1) improve the efficiency, effectiveness, and productivity of the Senior Executive Service through policy formulation and oversight; (2) advance the professionalism of the Senior Executive Service; and (3) ensure that, in seeking to achieve a Senior Executive Service reflective of the Nation's diversity, recruitment is from qualified individuals from appropriate sources. (c) Functions.-- (1) In general.--The functions of the SES Resource Office are to-- (A) make recommendations to the Director with respect to regulations; and (B) provide guidance to agencies, concerning the structure, management, and diverse composition of the Senior Executive Service. (2) Specific functions.--In order to carry out the purposes of this section, the SES Resource Office shall-- (A) take such actions as the SES Resource Office considers necessary to manage and promote an efficient, elite, and diverse corps of senior executives by-- (i) creating policies for the management and improvement of the Senior Executive Service; (ii) providing oversight of the performance, structure, and composition of the Senior Executive Service; and (iii) providing guidance and oversight to agencies in the management of senior executives and candidates for the Senior Executive Service; (B) be responsible for the policy development, management, and oversight of the Senior Executive Service pay and performance management system; (C) develop standards for certification of each agency's Senior Executive Service performance management system and evaluate all agency applications for certification; (D) be responsible for coordinating, promoting, and monitoring programs for the advancement and training of senior executives, including the Senior Executive Service Federal Candidate Development Program; (E) provide oversight of, and guidance to, agency executive resources boards; (F) be responsible for the administration of the qualifications review board; (G) establish and maintain annual statistics (in a form that renders such statistics useful to appointing authorities and candidates) on-- (i) the total number of career reserved positions at each agency; (ii) the total number of vacant career reserved positions at each agency; (iii) of the positions under clause (ii), the number for which candidates are being sought; (iv) the amount of time a career reserved position is vacant; (v) the amount of time it takes to hire a candidate into a career reserved position; (vi) the number of individuals who have been certified in accordance with section 3393(c) of title 5, United States Code, and the composition of that group of individuals with regard to race, ethnicity, sex, age, and individuals with disabilities; (vii) the composition of the Senior Executive Service with regard to race, ethnicity, sex, age, and individuals with disabilities; (viii) the composition of executive resources boards with regard to race, ethnicity, sex, and individuals with disabilities; and (ix) the composition of qualifications review boards with regard to race, ethnicity, sex, and individuals with disabilities; (H) make available to the public through the official public Internet site of the Office of Personnel Management, the data collected under subparagraph (G); (I) establish and promote mentoring programs for potential candidates for the Senior Executive Service, including candidates who have been certified as having the executive qualifications necessary for initial appointment as a career appointee under a program established under to section 3396(a) of title 5, United States Code; (J) conduct a continuing program for the recruitment of women, members of racial and ethnic minority groups, and individuals with disabilities for Senior Executive Service positions, with special efforts directed at recruiting from educational institutions, professional associations, and other sources; (K) advise agencies on the best practices for an agency in utilizing or consulting with an agency's equal employment or diversity office or official (if the agency has such an office or official) with regard to the agency's Senior Executive Service appointments process; and (L) evaluate and implement strategies to ensure that agencies conduct appropriate outreach to other agencies to identify candidates for Senior Executive Service positions. (d) Protection of Individually Identifiable Information.--For purposes of subsection (c)(2)(H), the SES Resource Office shall combine data for any agency that is not named in section 901(b) of chapter 31, United States Code, to protect individually identifiable information. (e) Cooperation of Agencies.--The head of each agency shall provide the Office of Personnel Management with such information as the SES Resource Office may require in order to carry out subsection (c)(2)(G). (f) Staffing.--The Director of the Office of Personnel Management shall make such appointments as necessary to staff the SES Resource Office. SEC. 5. CAREER APPOINTMENTS. (a) Promoting Diversity in the Career Appointments Process.-- Section 3393(b) of title 5, United States Code, is amended by inserting after the first sentence the following: ``In establishing an executive resources board, the head of the agency shall, to the extent practicable, ensure diversity of the board and of any subgroup thereof or other evaluation panel related to the merit staffing process for career appointees, by including members of racial and ethnic minority groups, women, and individuals with disabilities.''. (b) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Director shall promulgate regulations to implement subsection (a). (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report evaluating agency efforts to improve diversity in executive resources boards based on the information collected by the SES Resource Office under section 4(c)(2)(G) (viii) and (ix). SEC. 6. ENCOURAGING A MORE DIVERSE SENIOR EXECUTIVE SERVICE. (a) Senior Executive Service Diversity Plans.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, each agency, in consultation with the Office of Personnel Management and the Chief Human Capital Officers Council, shall submit to the Office of Personnel Management a plan to enhance and maximize opportunities for the advancement and appointment of minorities, women, and individuals with disabilities in the agency to the Senior Executive Service. Agency plans shall be reflected in the strategic human capital plan. (2) Contents.--Agency plans shall address how the agency is identifying and eliminating barriers that impair the ability of minorities, women, and individuals with disabilities to obtain appointments to the Senior Executive Service and any actions the agency is taking to provide advancement opportunities, including-- (A) conducting outreach to minorities, women, and individuals within the agency and outside the agency; (B) establishing and maintaining training and education programs to foster leadership development; (C) identifying career enhancing opportunities for agency employees; (D) assessing internal availability of candidates for Senior Executive Service positions; and (E) conducting an inventory of employee skills and addressing current and potential gaps in skills and the distribution of skills. (3) Update of agency plans.--Agency plans shall be updated at least every 2 years during the 10 years following enactment of this Act. An agency plan shall be reviewed by the Office of Personnel Management and, if determined to provide sufficient assurances, procedures, and commitments to provide adequate opportunities for the advancement and appointment of minorities, women, and individuals with disabilities to the Senior Executive Service, shall be approved by such Office. An agency may, in updating its plan, submit to the Office of Personnel Management an assessment of the impacts of the plan. (b) Summary and Evaluation.--Not later than 180 days after the deadline for the submission of any report or update under subsection (a), the Director shall transmit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report summarizing and evaluating the agency plans or updates (as the case may be) so submitted. (c) Coordination.--The Office of Personnel Management shall, in carrying out subsection (a), evaluate existing requirements under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) and section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and determine how agency reporting can be performed so as to be consistent with, but not duplicative of, such sections and any other similar requirements.", "summary": "Senior Executive Service Diversity Assurance Act of 2009 - Requires the Director of the Office of Personnel Management (OPM) to establish within OPM the Senior Executive Service Resource Office (SES Resource Office). Makes it the mission of the SES Resource Office to: (1) improve the efficiency, effectiveness, and productivity of the Senior Executive Service (SES) through policy formulation and oversight; (2) advance the professionalism of the SES; and (3) recruit qualified individuals from appropriate sources to ensure that the SES is reflective of the nation's diversity. Sets forth the functions of the SES Resource Office with respect to the management, training, oversight, and recruitment activities of the SES. Revises the career appointments recruiting process to require agency heads to ensure diversity of executive resources boards and any subgroup or other evaluation panel related to the merit staffing process for career appointees by including members of racial and ethnic minority groups, women, and individuals with disabilities. Requires each federal agency to submit to OPM a plan to enhance and maximize opportunities for the advancement and appointment of minorities, women, and individuals with disabilities to the SES."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Insurance Fairness Act''. SEC. 2. PREMIUMS FOR MORTGAGE INSURANCE. (a) In General.--Paragraph (3) of section 163(h) of the Internal Revenue Code of 1986 (relating to qualified residence interest) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Mortgage insurance premiums treated as interest.-- ``(i) In general.--Premiums paid or accrued for qualified mortgage insurance by a taxpayer during the taxable year in connection with acquisition indebtedness with respect to a qualified residence of the taxpayer shall be treated for purposes of this subsection as qualified residence interest. ``(ii) Phaseout.--The amount otherwise allowable as a deduction under clause (i) shall be reduced (but not below zero) by 10 percent of such amount for each $1,000 ($500 in the case of a married individual filing a separate return) (or fraction thereof) that the taxpayer's adjusted gross income for the taxable year exceeds $100,000 ($50,000 in the case of a married individual filing a separate return).''. (b) Definition and Special Rules.--Paragraph (4) of section 163(h) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new subparagraphs: ``(E) Qualified mortgage insurance.--The term `qualified mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration, or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph). ``(F) Special rules for prepaid qualified mortgage insurance.--Any amount paid by the taxpayer for qualified mortgage insurance that is properly allocable to any mortgage the payment of which extends to periods that are after the close of the taxable year in which such amount is paid shall be chargeable to capital account and shall be treated as paid in such periods to which so allocated. No deduction shall be allowed for the unamortized balance of such account if such mortgage is satisfied before the end of its term. The preceding sentences shall not apply to amounts paid for qualified mortgage insurance provided by the Veterans Administration or the Rural Housing Administration.''. SEC. 3. INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE. Section 6050H of the Internal Revenue Code of 1986 (relating to returns relating to mortgage interest received in trade or business from individuals) is amended by adding at the end the following new subsection: ``(h) Returns Relating to Mortgage Insurance Premiums.-- ``(1) In general.--The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business, receives from any individual premiums for mortgage insurance aggregating $600 or more for any calendar year, shall make a return with respect to each such individual. Such return shall be in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe. ``(2) Statement to be furnished to individuals with respect to whom information is required.--Every person required to make a return under paragraph (1) shall furnish to each individual with respect to whom a return is made a written statement showing such information as the Secretary may prescribe. Such written statement shall be furnished on or before January 31 of the year following the calendar year for which the return under paragraph (1) was required to be made. ``(3) Special rules.--For purposes of this subsection-- ``(A) rules similar to the rules of subsection (c) shall apply, and ``(B) the term `mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration, or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subsection).''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to amounts paid or accrued after the date of enactment of this Act in taxable years ending after such date.", "summary": "Mortgage Insurance Fairness Act - Amends the Internal Revenue Code to treat mortgage insurance premium payments as tax deductible interest. Phases out the deduction for taxpayers with adjusted gross incomes exceeding $100,000."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fitness Integrated with Teaching Kids Act'' or the ``FIT Kids Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Childhood obesity has reached epidemic proportions in the United States. (2) Researchers estimate that medical costs of the obesity epidemic may total as much as $147,000,000,000 annually. (3) The prevalence of overweight in children between the ages of 6 and 11 years increased from 4.0 percent between 1971 to 1974 to 17.5 percent between 2001 to 2004, and the prevalence of overweight in adolescents between the ages of 12 and 19 years increased from 6.1 percent to 17.0 percent. (4) Recent studies indicating that 17 percent of 6 to 11 year-olds and 17.6 percent of 12 to 19 year-olds are considered obese. Furthermore, 33 percent of 6 to 11 year-olds and 34 percent of 12 to 19 year-olds are overweight; these rates have roughly doubled since 1980. (5) Of all United States deaths from major chronic disease, 23 percent are linked to sedentary lifestyles that now begin at childhood. (6) Overweight adolescents have a 70 to 80 percent chance of becoming overweight adults, increasing their risk for chronic disease, disability, and death. (7) A decline in physical activity has contributed to the unprecedented epidemic of childhood obesity. (8) The Physical Activity Guidelines for Americans published by the Secretary of Health and Human Services recommend that children engage in 60 minutes or more of physical activity each day. (9) In a 2005 Government Accountability Office report on key strategies to include in programs designed to target childhood obesity, ``increasing physical activity'' was identified as the most important component in any such program. (10) Part of the decline in physical activity has been in our Nation's schools, where physical education programs have been cut back in the past 2 decades. (11) The national standard for physical education frequency, as outlined in the Physical Activity Guidelines for Americans, is 150 minutes per week in elementary school and 225 minutes per week in middle school and high school. (12) Only 3.8 percent of elementary schools, 7.9 percent of middle schools, and 2.1 percent of high schools provide daily physical education or its equivalent for the entire school year, and 22 percent of schools do not require students to take any physical education at all. (13) Among children ages 9 to 13, 61.5 percent do not participate in any organized physical activity during out-of- school hours. (14) Regular physical activity is associated with a healthier, longer life and a lower risk of cardiovascular disease, high blood pressure, diabetes, obesity, and some cancers. (15) Research suggests a strong correlation between children's fitness and their academic performance as measured by grades in core subjects and standardized test scores. (16) Approximately 81 percent of adults believe daily physical education should be mandatory in schools. SEC. 3. INCREASING AWARENESS OF PHYSICAL ACTIVITY OPPORTUNITIES AT SCHOOL. (a) Local Educational Agencies.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, each local educational agency located in a State receiving funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) shall-- (1) post on its Internet website, or otherwise make available to parents and families of students served by the agency, information on healthful eating habits, physical education, and physical activity, including information on-- (A) the importance of a healthy lifestyle (including healthful eating habits, physical education, and physical activity) for an effective learning environment; (B) how schools served by the agency are promoting healthy lifestyles, including information on applicable elementary school and secondary school programs and policies regarding nutrition, physical education, and physical activity (including coordinated school health plans or local wellness policies, as applicable); (C) whether the schools served by the agency follow an age-appropriate physical education curriculum for all elementary school and secondary school students enrolled in the schools that adheres to national guidelines adopted by the Centers for Disease Control and Prevention of the Department of Health and Human Services or the State in which the school is located; (D) the most recent national recommendations for physical education and physical activity for elementary school and secondary school students, as established by the Centers for Disease Control and Prevention of the Department of Health and Human Services; and (E) a description of the amount of time that students in kindergarten through grade 12 served by the agency are required to spend in physical education, disaggregated by grade level, including information on criteria for granting students a waiver or exemption, or allowing a substitution for the requirement; and (2) assist each school served by the agency in collecting and disseminating (such as through the Internet website of the school) to parents and families of students enrolled in the school, information on-- (A) whether the school follows an age-appropriate physical education curriculum for all students enrolled in the school that adheres to national guidelines adopted by the Centers for Disease Control and Prevention of Health and Human Services or the State in which the school is located; (B) the most recent national recommendations for physical education and physical activity for elementary school and secondary school students, as established by the Centers for Disease Control and Prevention of the Department of Health and Human Services; (C) the requirements described in paragraph (1)(E); (D) a description of the facilities available for physical education and physical activity for students enrolled in the school; and (E) if applicable, any health and wellness council (such as a school health council or local wellness policy council) located in the school or that the school is involved with, including information on-- (i) members; (ii) membership criteria; (iii) opportunities for parental involvement; and (iv) meeting dates and agendas. (b) State Educational Agencies.-- (1) Submission; information availability.--Not later than 15 days after a local educational agency described in subsection (a) posts on its Internet website the information described in subsection (a)(1)(E), and annually thereafter, the local educational agency shall provide to the applicable State educational agency the information described in such subsection. (2) Additional duties of the state educational agency.--A State educational agency that receives information under paragraph (1) shall ensure that the information is made available to the general public within a reasonable period of time, such as through the Internet website of the State educational agency. SEC. 4. STUDIES ON PHYSICAL ACTIVITY AND FITNESS. (a) National Research Council Study.--Subject to the availability of funds appropriated to carry out this subsection, the Secretary of Education shall enter into a contract with the National Research Council of the National Academy of Sciences to-- (1) examine and make recommendations regarding-- (A) various means that may be employed to incorporate physical activity into elementary school and secondary school settings, and before- and after- school programs; (B) innovative and effective ways to increase physical activity for all students in kindergarten through grade 12; and (C) efforts to encourage the participation of students with disabilities in physical education programs and the types of accommodations used to increase the participation of such students; (2) study the impact of health, level of physical activity, and amount of physical education on students' ability to learn and maximize performance in school; and (3) study and provide specific recommendations for effectively measuring the progress students, at the elementary school and secondary school level, in increasing physical activity and improving their health and well-being, including improving their-- (A) knowledge, awareness, and behavior, related to nutrition and physical activity; (B) cognitive development, and fitness, with physical education; (C) knowledge of lifetime physical activity and health promotion; and (D) performance on overall health indicators, including flexibility, endurance, strength, balance, and blood pressure. (b) National Fitness Study.--Subject to the availability of funds to carry out this subsection, the Secretary of Education shall conduct a study on the participation of students in physical education and other physical activities in public elementary schools and public secondary schools that-- (1) examines student participation in exercise (including sports and active games), including the types, frequency, duration, and seasonality of exercise participation, through-- (A) school physical education classes; (B) other school programs; and (C) intramural activities; and (2) assesses student physical activity and fitness levels. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2011. SEC. 5. DISSEMINATION OF BEST PRACTICES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Education shall identify and make available to State educational agencies and local educational agencies, best practices on innovative physical education and physical activity policies and programs at the State and local level, including best practices that-- (1) identify and address common challenges to States and local educational agencies in implementing physical education and physical activity policies and programs, including barriers for meeting national recommendations for physical education and physical activity in schools, as established by the Centers for Disease Control and Prevention of the Department of Health and Human Services; and (2) meet or are working toward meeting the national recommendations for physical education and physical activity in schools, as established by the Centers for Disease Control and Prevention of the Department of Health and Human Services. (b) Updating Best Practices.--The Secretary shall update the best practices described in subsection (a) after completion of the study carried out under section 4(a). SEC. 6. PROMOTING THE HEALTHIERUS SCHOOL CHALLENGE. The Secretary of Education, in collaboration with the Secretary of Agriculture, shall encourage schools to participate in the HealthierUS School Challenge of the Food and Nutrition Service of the Department of Agriculture. SEC. 7. DEFINITIONS. Except as otherwise provided, any term used in this Act that is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) shall have the meaning given the term in such section. Passed the House of Representatives April 21, 2010. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Fitness Integrated with Teaching Kids Act or the FIT Kids Act - (Sec. 3) Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require local educational agencies (LEAs) located in states receiving school improvement funds to annually provide the families of their students with information on healthful eating habits, physical education, and physical activity. Requires such LEAs to assist their schools in annually collecting and disseminating to the families of school students information on: (1) the most recent national recommendations for physical education and physical activity for students, as established by the Centers for Disease Control and Prevention (CDC) of the Department of Health and Human Services (HHS); (2) whether the school follows an age-appropriate physical education curriculum for all students that adheres to such guidelines or state guidelines; (3) the amount of time that students in kindergarten through grade 12 are required to spend in physical education, disaggregated by grade level; (4) the facilities available for physical education and physical activity for students enrolled in the school; and (5) any health and wellness council located in the school or with which the school is involved. Requires: (1) LEAs to provide to their state a description of the amount of time that students in kindergarten through grade 12 are required to spend in physical education, disaggregated by grade level; and (2) the state to ensure that such information is made available to the public. (Sec. 4) Directs the Secretary of Education to contract with the National Research Council of the National Academy of Sciences (NAS) to study: (1) ways of incorporating physical education into school settings, and before- and after-school programs; (2) innovative and effective ways to increase physical activity for all students in kindergarten through grade 12; (3) efforts to encourage the participation of disabled students in physical education programs and the types of accommodations used to increase their participation; (4) the impact health and physical activity and education have on students' ability to learn; and (5) the progress students make in increasing their physical activity and improving their health and well-being, with specific recommendations for effectively measuring such progress. Directs the Secretary to study the participation of students in physical education and other physical activities in public elementary and secondary schools and assess their physical activity and fitness levels. (Sec. 5) Directs the Secretary to: (1) identify and make available to states and LEAs, best practices on innovative physical education and physical activity policies and programs at the state and local level; and (2) update the best practices after the NAS study is completed. (Sec. 6) Directs the Secretary, in collaboration with the Secretary of Agriculture, to encourage schools to participate in the HealthierUS School Challenge of the Food and Nutrition Service of the Department of Agriculture."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Quality Incentive Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Recent research on early brain development reveals that much of a child's growth is determined by early learning and nurturing care. Research also shows that quality early care and education leads to increased cognitive abilities, positive classroom learning behavior, increased likelihood of long-term school success, and greater likelihood of long-term economic and social self-sufficiency. (2) Each day an estimated 13,000,000 children, including 6,000,000 infants and toddlers, spend some part of their day in child care. However, a study in 4 States found that only 1 in 7 child care centers provide care that promotes healthy development, while 1 in 8 child care centers provide care that threatens the safety and health of children. (3) Full-day child care can cost $4,000 to $10,000 per year. (4) Although Federal assistance is available for child care, funding is severely limited. Even with Federal subsidies, many families cannot afford child care. For families with young children and a monthly income under $1,200, the cost of child care typically consumes 25 percent of their income. (5) Payment (or reimbursement) rates, the maximum the State will reimburse a child care provider for the care of a child who receives a subsidy, are too low to ensure that quality care is accessible to all families. (6) Low payment rates directly affect the kind of care children get and whether families can find quality child care in their communities. In many instances, low payment rates force child care providers to cut corners in ways that lower the quality of care for children, including reducing number of staff, eliminating staff training opportunities, and cutting enriching educational activities and services. (7) Children in low quality child care are more likely to have delayed reading and language skills, and display more aggression toward other children and adults. (8) Increased payment rates lead to higher quality child care as child care providers are able to attract and retain qualified staff, provide salary increases and professional training, maintain a safe and healthy environment, and purchase basic supplies and developmentally appropriate educational materials. (b) Purpose.--The purpose of this Act is to improve the quality of, and access to, child care by increasing child care payment rates. SEC. 3. INCENTIVE GRANTS TO IMPROVE THE QUALITY OF CHILD CARE. (a) Funding.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by striking ``There'' and inserting the following: ``(a) Authorization of Appropriations.--There''; and (2) by adding at the end the following: ``(b) Appropriation of Funds for Grants To Improve the Quality of Child Care.--Out of any funds in the Treasury that are not otherwise appropriated, there are authorized to be appropriated and there are appropriated, for each of fiscal years 2000 through 2004, $300,000,000 for the purpose of making grants under section 658H.''. (b) Grants To Improve the Quality of Child Care.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following: ``SEC. 658H. GRANTS TO IMPROVE THE QUALITY OF CHILD CARE. ``(a) Authority.-- ``(1) In general.--The Secretary shall use the amount appropriated under section 658B(b) for a fiscal year to make grants to eligible States in accordance with this section. ``(2) Annual payments.--The Secretary shall make annual payments to each eligible State out of the allotment for that State determined under subsection (c). ``(b) Eligible States.-- ``(1) In general.--In this section, the term `eligible States' means a State that-- ``(A) has conducted a survey of the market rates for child care services in the State within the 2 years preceding the date of the submission of an application under paragraph (2); and ``(B) submits an application in accordance with paragraph (2). ``(2) Application.-- ``(A) In general.--To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, in addition to the information required under subparagraph (B), as the Secretary may require. ``(B) Information required.--Each application submitted for a grant under this section shall-- ``(i) detail the methodology and results of the State market rates survey conducted pursuant to paragraph (1)(A); ``(ii) describe the State's plan to increase payment rates from the initial baseline determined under clause (i); and ``(iii) describe how the State will increase payment rates in accordance with the market survey findings. ``(3) Continuing eligibility requirement.--The Secretary may make an annual payment under this section to an eligible State only if-- ``(A) the Secretary determines that the State has made progress, through the activities assisted under this subchapter, in maintaining increased payment rates; and ``(B) at least once every 2 years, the State conducts an update of the survey described in paragraph (1)(A). ``(4) Requirement of matching funds.-- ``(A) In general.--To be eligible to receive a grant under this section, the State shall agree to make available State contributions from State sources toward the costs of the activities to be carried out by a State pursuant to subsection (d) in an amount that is not less than 25 percent of such costs. ``(B) Determination of state contributions.--State contributions shall be in cash. Amounts provided by the Federal Government may not be included in determining the amount of such State contributions. ``(c) Allotments to Eligible States.--The amount appropriated under section 658B(b) for a fiscal year shall be allotted among the eligible States in the same manner as amounts are allotted under section 658O(b). ``(d) Use of Funds.-- ``(1) Priority use.--An eligible State that receives a grant under this section shall use the funds received to significantly increase the payment rate for the provision of child care assistance in accordance with this subchapter up to the 100th percentile of the market rate survey described in subsection (b)(1)(A). ``(2) Additional uses.--An eligible State that demonstrates to the Secretary that the State has achieved a payment rate of the 100th percentile of the market rate survey described in subsection (b)(1)(A) may use funds received under a grant made under this section for any other activity that the State demonstrates to the Secretary will enhance the quality of child care services provided in the State. ``(3) Payment rate.--In this section, the term `payment rate' means the rate of reimbursement to providers for subsidized child care. ``(4) Supplement not supplant.--Amounts paid to a State under this section shall be used to supplement and not supplant other Federal, State, or local funds provided to the State under this subchapter or any other provision of law. ``(e) Evaluations and Reports.-- ``(1) State evaluations.--Each eligible State shall submit to the Secretary, at such time and in such form and manner as the Secretary may require, information regarding the State's efforts to increase payment rates and the impact increased rates are having on the quality of, and accessibility to, child care in the State. ``(2) Reports to congress.--The Secretary shall submit biennial reports to Congress on the information described in paragraph (1). Such reports shall include data from the applications submitted under subsection (b)(2) as a baseline for determining the progress of each eligible State in maintaining increased payment rates.''.", "summary": "Child Care Quality Incentive Act of 1999 - Amends the Child Care and Development Block Grant Act of 1990 to establish a program of incentive grants to improve the quality of, and access to, child care by increasing child care payment rates. Authorizes appropriations. Directs the Secretary of Health and Human Services to make such grants to eligible States from specified allotments. Conditions a State's initial eligibility on its having surveyed the market rates for child care services in the State within the two years preceding submission of its application. Authorizes the Secretary to make an annual payment to an eligible State only if: (1) the Secretary determines that the State has made progress, through the assisted activities, in maintaining increased payment rates; and (2) the State updates such survey at least once every two years. Requires the State, to be eligible to receive such a grant, to agree to make available State contributions in cash from State sources toward at least 25 percent of the costs of priority required activities and additional authorized activities. Requires an eligible State that receives such a grant to make priority use of such funds to increase significantly (up to the 100th percentile of the market rate survey) the rate of reimbursement to providers for subsidized child care. Allows an eligible State, if it demonstrates to the Secretary that it has achieved such a payment rate for provision of child care assistance of the 100th percentile of the market rate survey, to use grant funds for any additional activity it demonstrates will enhance the quality of child care services. Requires evaluation reports by States to the Secretary, as well as biennial reports by the Secretary to the Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Access and Refundability Expansion Act'' or as the ``Child CARE Act''. SEC. 2. CREDIT FOR DEPENDENT CARE EXPENSES. (a) Credit Made Refundable.-- (1) In general.--The Internal Revenue Code of 1986 is amended by redesignating section 21 as section 36C and by moving such section after section 36B. (2) Credit not allowed for services provided outside the united states.--Section 36C(b)(2)(A) of such Code, as redesignated by this section, is amended by adding at the end the following: ``Such term shall not include any amount paid for services provided outside the United States.''. (3) Conforming amendments.-- (A) Section 23(f)(1) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (B) Section 35(g)(6) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (C) Section 36C(a)(1) of such Code, as redesignated by this section, is amended by striking ``this chapter'' and inserting ``this subtitle''. (D) Section 129(a)(2)(C) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (E) Section 129(b)(2) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 36C(d)(2)''. (F) Section 129(e)(1) of such Code is amended by striking ``section 21(b)(2)'' and inserting ``section 36C(b)(2)''. (G) Section 213(e) of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (H) Section 6211(b)(4)(A) of such Code is amended by inserting ``36C,'' after ``36B,''. (I) Section 6213(g)(2)(H) of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (J) Section 6213(g)(2)(L) of such Code is amended by striking ``section 21, 24, 32, or 6428'' and inserting ``section 24, 32, 36C, or 6428''. (K) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (L) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 21. (M) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Expenses for household and dependent care services necessary for gainful employment.''. (b) Increase in Dollar Limitation.--Section 36C(c) of such Code, as redesignated by this section, is amended-- (1) by striking ``$3,000'' in paragraph (1) and inserting ``$8,000'', and (2) by striking ``$6,000'' in paragraph (2) and inserting ``twice the dollar amount in effect under paragraph (1)''. (c) Credit Allowed for 50 Percent of Qualified Expenses.--Section 36C(a)(2) of such Code, as redesignated by this section, is amended by striking ``35 percent'' and all that follows and inserting ``50 percent.''. (d) Income Limitation.--Section 36C(a) of such Code, as redesignated by this section, is amended by adding at the end the following new paragraph: ``(3) Income limitation.--No credit shall be allowed under paragraph (1) with respect to any taxpayer for any taxable year if the taxpayer's adjusted gross income for such taxable year exceeds $200,000.''. (e) Inflation Adjustment of Dollar and Income Limitations.--Section 36C(e) of such Code, as redesignated by this section, is amended by adding at the end the following new paragraph: ``(11) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2015, the $8,000 amount in subsection (c)(1) and the $200,000 amount in subsection (a)(3) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $100.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 3. CREDIT FOR EDUCATION OF EMPLOYEES OF CHILD CARE CENTERS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CHILD CARE CENTER EDUCATION CREDIT. ``(a) In General.--For the purposes of section 38, the child care center education credit determined under this section for the taxable year is an amount equal to 50 percent of so much of the child care educational expenses paid or incurred by the taxpayer with respect to the operation of a qualified child care center during the taxable year. ``(b) Limitation.--The child care educational expenses taken into account under subsection (a) with respect to any eligible employee of the taxpayer for any taxable year shall not exceed $1,000. ``(c) Definitions.--For purposes of this section-- ``(1) Child care educational expenses.-- ``(A) In general.--The term `child care educational expenses' means, with respect to any eligible employee, expenses paid or incurred by the taxpayer to an eligible educational institution (as defined in section 25A(f)(2)) for classes related to early childhood education or development or child care certification. ``(B) Eligible employee.--The term `eligible employee' means any employee of the taxpayer whose primary job function is providing care to children in a qualified child care center. ``(2) Qualified child care center.--The term `qualified child care center' means any dependent care center (as defined in section 36C(b)(2)(D)) located in the United States which meets the requirements of section 36C(b)(2)(C)(i). ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for the portion of the expenses otherwise allowable as a deduction that are taken into account in determining the credit under this section for the taxable year.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the child care center education credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Child care center education credit.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.", "summary": "Child Care Access and Refundability Expansion Act or the Child CARE Act This bill amends the Internal Revenue Code, with respect to the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent, to: (1) make such credit refundable, (2) deny such credit for services provided outside the United States, (3) increase the dollar limit on the allowable amount of such credit and the percentage rate for qualified expenses, (4) deny such credit for taxpayers whose adjusted gross income exceeds $200,000 in a taxable year; and (5) allow an annual inflation adjustment to the threshold amount for reducing such credit and the maximum allowable credit amount, beginning after 2015. The bill also allows a new tax credit for 50% of the child care educational expenses, up to a maximum of $1,000 in any taxable year, paid with respect to the operation of a qualified child care center."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Cargo Security Act''. SEC. 2. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT. Section 44901(f) of title 49, United States Code, is amended to read as follows: ``(f) Cargo.-- ``(1) In general.--The Under Secretary of Transportation for Security shall establish systems to screen, inspect, or otherwise ensure the security of all cargo that is to be transported in-- ``(A) passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation; or ``(B) all-cargo aircraft in air transportation and intrastate air transportation. ``(2) Strategic plan.--The Under Secretary shall develop a strategic plan to carry out paragraph (1).''. SEC. 3. AIR CARGO SHIPPING. (a) In General.--Subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44922. Regular inspections of air cargo shipping facilities ``The Under Secretary of Transportation for Security shall establish a system for the regular inspection of shipping facilities for shipments of cargo transported in air transportation or intrastate air transportation to ensure that appropriate security controls, systems, and protocols are observed, and shall enter into arrangements with the civil aviation authorities, or other appropriate officials, of foreign countries to ensure that inspections are conducted on a regular basis at shipping facilities for cargo transported in air transportation to the United States.''. (b) Additional Inspectors.--The Under Secretary for Transportation Security may increase the number of inspectors as necessary to implement the requirements of title 49, United States Code, as amended by this subtitle. (c) Conforming Amendment.--The chapter analysis for chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``44922. Regular inspections of air cargo shipping facilities.''. SEC. 4. CARGO CARRIED ABOARD PASSENGER AIRCRAFT. (a) In General.--Subchapter I of chapter 449 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 44923. Air cargo security ``(a) Database.--The Under Secretary of Transportation for Security shall establish an industry-wide pilot program database of known shippers of cargo that is to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. The Under Secretary shall use the results of the pilot program to improve the known shipper program. ``(b) Indirect Air Carriers.-- ``(1) Random inspections.--The Under Secretary shall conduct random audits, investigations, and inspections of indirect air carrier facilities to determine if the indirect air carriers are meeting the security requirements of this title. ``(2) Ensuring compliance.--The Under Secretary may take such actions as may be appropriate to promote and ensure compliance with the security standards established under this title. ``(3) Notice of failures.--The Under Secretary shall notify the Secretary of Transportation of any indirect air carrier that fails to meet security standards established under this title. ``(4) Suspension or revocation of certificate.--The Secretary, as appropriate, shall suspend or revoke any certificate or authority issued under chapter 411 to an indirect air carrier immediately upon the recommendation of the Under Secretary. Any indirect air carrier whose certificate is suspended or revoked under this subparagraph may appeal the suspension or revocation in accordance with procedures established under this title for the appeal of suspensions and revocations. ``(5) Indirect air carrier.--In this subsection, the term `indirect air carrier' has the meaning given that term in part 1548 of title 49, Code of Federal Regulations. ``(c) Consideration of Community Needs.--In implementing air cargo security requirements under this title, the Under Secretary may take into consideration the extraordinary air transportation needs of small or isolated communities and unique operational characteristics of carriers that serve those communities.''. (b) Assessment of Indirect Air Carrier Program.--The Under Secretary of Transportation for Security shall assess the security aspects of the indirect air carrier program under part 1548 of title 49, Code of Federal Regulations, and report the result of the assessment, together with any recommendations for necessary modifications of the program to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives within 45 days after the date of enactment of this Act. The Under Secretary may submit the report and recommendations in classified form. (c) Report to Congress on Random Audits.--The Under Secretary shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on random screening, audits, and investigations of air cargo security programs based on threat assessments and other relevant information. The report may be submitted in classified form. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this section. (e) Conforming Amendment.--The chapter analysis for chapter 449 of title 49, United States Code, is further amended by adding at the end the following: ``44923. Air cargo security.''. SEC. 5. TRAINING PROGRAM FOR CARGO HANDLERS. The Under Secretary of Transportation for Security shall establish a training program for any persons that handle air cargo to ensure that the cargo is properly handled and safeguarded from security breaches. SEC. 6. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT. (a) In General.--The Under Secretary of Transportation for Security shall establish a program requiring that air carriers operating all- cargo aircraft have an approved plan for the security of their air operations area, the cargo placed aboard such aircraft, and persons having access to their aircraft on the ground or in flight. (b) Plan Requirements.--The plan shall include provisions for-- (1) security of each carrier's air operations areas and cargo acceptance areas at the airports served; (2) background security checks for all employees with access to the air operations area; (3) appropriate training for all employees and contractors with security responsibilities; (4) appropriate screening of all flight crews and persons transported aboard all-cargo aircraft; (5) security procedures for cargo placed on all-cargo aircraft as provided in section 44901(f)(1)(B) of title 49, United States Code; and (6) additional measures deemed necessary and appropriate by the Under Secretary. (c) Confidential Industry Review and Comment.-- (1) Circulation of proposed program.--The Under Secretary shall-- (A) propose a program under subsection (a) within 90 days after the date of enactment of this Act; and (B) distribute the proposed program, on a confidential basis, to those air carriers and other employers to which the program will apply. (2) Comment period.--Any person to which the proposed program is distributed under paragraph (1) may provide comments on the proposed program to the Under Secretary not more than 60 days after the date on which the proposed program is so distributed. (3) Final program.--The Under Secretary shall issue a final program under subsection (a) not later than 45 days after the last date on which comments may be provided under paragraph (2). The final program shall contain time frames for the plans to be implemented by each air carrier or employer to which it applies. (4) Suspension of procedural norms.--Neither chapter 5 of title 5, United States Code, nor the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the program required by this section.", "summary": "Air Cargo Security Act - Amends Federal aviation law to require the screening of cargo that is to be transported in passenger aircraft operated by domestic and foreign air carriers in interstate and intrastate air transportation (currently, only those transported by all-cargo aircraft). Directs the Under Secretary of Transportation for Security under the Transportation Security Administration to develop a strategic plan to carry out such screening.Sets forth certain measures to increase the safety and security of air cargo, including the establishment of systems that: (1) provide for the regular inspection of shipping facilities for cargo shipments; (2) provide an industry-wide pilot program database of known cargo shippers; (3) train persons that handle air cargo to ensure that such cargo is properly handled and safe-guarded from security breaches; and (4) require air carriers operating all-cargo aircraft to have an approved plan for the security of their air operations area, the cargo placed aboard the aircraft, and persons having access to their aircraft on the ground or in flight.Directs the Under Secretary to conduct random audits, investigations, and inspections of indirect air carrier facilities to determine if the indirect air carriers are meeting the security requirements of this Act."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Simple Universal Healthcare Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Citizens Congressional Health Benefits Program (CCHBP). Sec. 3. Contracts with entities to offer qualified CCHBP health plans. Sec. 4. Scope of benefits and coverage. Sec. 5. Eligibility. Sec. 6. Enrollment. Sec. 7. Premiums. Sec. 8. High-risk reinsurance fund. Sec. 9. Definitions. Sec. 10. Effective date and treatment of collective bargaining agreements. SEC. 2. ESTABLISHMENT OF CITIZENS CONGRESSIONAL HEALTH BENEFITS PROGRAM (CCHBP). (a) In General.--The Director of the Office of Personnel Management shall establish a program (to be known as the ``Citizen's Congressional Health Benefits Program'') to provide comprehensive health insurance coverage to-- (1) Federal elected officials (including the President, Vice President, and Members of Congress); and (2) residents of the United States who are not covered under the Federal Employees Health Benefits Program (FEHBP). (b) Similar to FEHBP.--The coverage shall be provided in a manner similar to the manner in which coverage has been provided to Members of Congress and Federal Government employees and retirees and their dependents under the Federal Employees Health Benefits Program (FEHBP). SEC. 3. CONTRACTS WITH ENTITIES TO OFFER QUALIFIED CCHBP HEALTH PLANS. (a) In General.--The Director shall enter into contracts with entities for the offering of qualified CCHBP health plans in accordance with this Act. Such contracts shall be entered into in a manner similar to the process by which the Director is authorized to enter into contracts with entities offering health benefits plans under FEHBP. (b) Requirements for Entities Offering Plans.--The Director may only enter into a contract under subsection (a) with an entity that is-- (1) licensed-- (A) as a health maintenance organization in the State in which the entity will offer the qualified CCHBP health plan; or (B) to sell group health insurance coverage in such State; (2) meets such requirements, similar to requirements under FEHBP, as the Director may establish, relating to solvency, adequacy of plan benefits (subject to section 4), organization, structure, governance, access, and quality; and (3) agrees to participate in the high-risk reinsurance fund described in section 8. (c) FEHBP Plans.--Any health plan offered under FEHBP shall be treated as a qualified CCHBP health plan for purposes of this Act. (d) Preemption of State Law.--The requirements of section 4, with respect to the scope and type of benefits required to be provided by a CCHBP health plan, shall supersede any and all State laws. SEC. 4. SCOPE OF BENEFITS AND COVERAGE. (a) Comprehensive Benefits.-- (1) In general.--Subject to paragraph (2), qualified CCHBP health plans shall provide for the same scope and type of benefits that are provided under FEHBP, including-- (A) the types of benefits described in section 8904 of title 5, United States Code; and (B) benefits required by regulation or guidance under FEHBP. (2) Preventive benefits and mental health parity.-- Qualified CCHBP health plans shall provide a minimum level of preventive benefits determined by the Director, in consultation with the U.S. Preventive Service Task Force, which shall include vaccines for both children and adults, an annual physical, cancer screening (including mammographies for women of an appropriate age), and mental health parity. (b) No Exclusion for Pre-Existing Conditions.--Subject to section 6(b)(2), qualified CCHBP health plans shall not impose pre-existing condition exclusions or otherwise discriminate against any individual based on the health status of such individual (including genetic information relating to such enrollee, or any disease or condition). (c) Annual and Lifetime Out-Of-Pocket Limit Information.--An entity offering a qualified CCHBP health plan must provide notice to any individual covered by such plan of any benefit or service that is not included in the calculation of the annual or lifetime out-of-pocket limit under such plan. SEC. 5. ELIGIBILITY. (a) In General.--An individual is eligible to enroll in a qualified CCHBP health plan if-- (1) the individual resides in the United States; and (2) the individual is-- (A) a citizen or national of the United States; (B) an alien lawfully admitted to the United States for permanent residence; (C) an alien admitted into the United States under section 207 of the Immigration and Nationality Act (relating to refugees); (D) an alien otherwise permanently residing in the United States under color of law (as specified by the Director); or (E) an alien with the status of a nonimmigrant who is within a class of long-term nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act that the Director determines, in consultation with the Secretary of Homeland Security, to be appropriate. (b) Exceptions.--The following individuals are not eligible to enroll in a qualified CCHBP health plan: (1) Individuals enrolled under public health insurance programs.--An individual who is enrolled under the Federal employees health benefits program under chapter 89 of title 5, United States Code (except for a member of Congress, as defined by section 2106 of title 5, United States Code; or the President); the Medicare program under title XVIII of the Social Security Act; the Medicaid program under title XIX of such Act; the Children's Health Insurance Program under title XXI of such Act; or Tricare under chapter 55 of title 10, United States Code. (2) Incarcerated individuals.--An individual who is incarcerated (as specified by the Director). (c) Treatment of Elected Officials.--A member of Congress (as defined under section 2106 of title 5, United States Code) or the President may enroll in either a qualified CCHBP health plan under this Act or an FEHBP plan under title 5, United States Code, but may not be enrolled in both types of plans at the same time. (d) Confirmation of Immigration Status.--The Director, in consultation with each entity offering a qualified CCHBP plan, shall promulgate regulations for the use of the automated system known as the Systematic Alien Verification for Entitlements, as provided for by section 404 of the Illegal Immigrations Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-664) to verify the legal presence of the status of an individual, other than a United States citizen, who seeks to enroll in a qualified CCHBP plan. (e) Employer Option.-- (1) In general.--An employer may choose to participate in CCHBP and offer qualified CCHBP health plans to employees of such employer as employer-sponsored health insurance. (2) Notice.--The employer shall inform the Director that the employer is taking such option in a form and manner determined by the Director. (3) Maintenance of effort required.--An employer who provides notice under paragraph (2) must pay the percentage of the cost of the premium, as determined under section 7, for each employee that enrolls in a qualified CCHBP health plan, that is the same as the percentage of the cost of the premium of the health insurance plan that such employer offered to its employees before the employer provided notice under paragraph (2). (4) Tax treatment.--For purposes of the Internal Revenue Code of 1986, a qualified CCHBP health plan offered by an employer under this subsection shall not fail to be treated as employer-provided coverage solely because such employer provides such plan through the CCHBP. SEC. 6. ENROLLMENT. (a) Enrollment Process.--The Director shall establish a process to enroll eligible individuals and their families in qualified CCHBP health plans. Such process shall be conducted in a manner that is similar to the manner enrollment is conducted under FEHBP. To the extent consistent with eligibility under section 3, the Director shall provide rules similar to the rules under FEHBP for the enrollment of family members who are CCHBP-eligible individuals in the same plan. (b) Enrollment Period.-- (1) Enrollment upon initial eligibility.-- (A) In general.--An eligible individual may enroll in a qualified CCHBP health plan-- (i) at any time during the 1-year period beginning on the date that the Citizen's Congressional Health Benefits Program begins to operate; or, if later, (ii) at any time during the 3-month period beginning on the date that such individual becomes eligible to enroll in any qualified CCHBP health plan. (B) Treatment of preexisting conditions.--An individual who enrolls during the periods under paragraph (1) shall not be subject to exclusions or additional costs due to any preexisting conditions that such individual developed before the date such individual enrolled in a qualified CCHBP plan. (2) Annual enrollment.-- (A) In general.--An eligible individual who does not enroll in a qualified CCHBP health plan under paragraph (1) may enroll in such a plan during an annual enrollment period of not more than 1 month, as determined by the Director. (B) Treatment of preexisting conditions.--Subject to rules developed by the Director, the entity offering the qualified CCHBP health plan may exclude such individual from enrolling in such a plan under this paragraph due to any preexisting condition which such individual develops before the date of such annual enrollment period. Upon excluding such individual, the entity offering the qualified CCHBP health plan shall provide such individual with notice of such exclusion and information about enrolling in a high risk pool. (c) Changes in Enrollment.--The Director shall establish enrollment procedures that include an annual open season of at least 1 month and permit changes in enrollment with qualified health plans at other times (such as by reason of changes in marital or dependent status or eligibility). Such procedures shall be based on the enrollment procedures established under FEHBP. The Director shall provide for termination of such enrollment for an individual at the time the individual is no longer an eligible individual. (d) Enrollment of Employees.--Notwithstanding subsection (b)(2), the employees of an employer that provides notice to the Director under section 5(e)(2) may enroll in a qualified CCHBP health plan during either the 3-month period beginning on the date that such employer provides such notice or the 3-month period beginning on the date that such employee begins working for such employer, whichever is later. Such employee shall not be subject to any costs related to such employee's pre-existing conditions if so enrolled during such period. (e) Enrollment Guides.--The Director shall provide for the broad dissemination of information on qualified CCHBP health plans offered under this title. Such information shall be provided in a comparative manner, similar to that used under FEHBP, and shall include information, collected through surveys of enrollees, on measures of enrollee satisfaction with the different plans. SEC. 7. PREMIUMS. The premiums established for a qualified CCHBP health plan under this Act for individual or family coverage-- (1) based on the rating system used under FEHBP; and (2) shall not vary based on age, gender, health status (including genetic information), or other factors. SEC. 8. HIGH-RISK REINSURANCE FUND. The Director shall establish an arrangement among the entities offering qualified health plans under which such entities contribute in an equitable manner (as determined by the Director) into a fund that provides payment to plans for a percentage (specified by the Director and not to exceed 90 percent) of the costs that they incur for enrollees beyond a predetermined threshold specified by the Director. Such fund shall be funded exclusively by such entities. SEC. 9. DEFINITIONS. For purposes of this Act: (1) The term ``CCHBP-eligible individual'' means an individual described in section 5. (2) The term ``Director'' means the Director of the Office of Personnel Management. (3) The term ``FEHBP'' means the program under chapter 89 of title 5, United States Code. (4) The term ``qualified CCHBP health plan'' means a fee- for-service plan, health maintenance organization plan, high deductible health insurance plan, or other health insurance plan that meets the requirements for a health insurance plan under FEHBP and is offered through the CCHBP under this Act by an entity that is qualified to offer such plans. SEC. 10. EFFECTIVE DATE AND TREATMENT OF COLLECTIVE BARGAINING AGREEMENTS. (a) Effective Date.--Benefits shall first be made available under this title for items and services furnished on or after the last day of the 9-month period beginning on the date of the enactment of this Act. (b) Non-Preemption of Existing Collective Bargaining Agreements.-- Nothing in this Act shall be construed as preempting any collective bargaining agreement that is in effect as of the date of the enactment of this Act, during the period in which such agreement is in effect (without regard to any extension of such agreement effected as of such date of enactment).", "summary": "Simple Universal Healthcare Act of 2009 - Requires the Director of the Office of Personnel Management (OPM) to establish a Citizen's Congressional Health Benefits Program (CCHBP) to provide comprehensive health insurance coverage similar to coverage that has been provided to Members of Congress and federal employees, retirees, and their dependents under the Federal Employees Health Benefits Program (FEHBP) to: (1) federal elected officials; and (2) U.S. residents who are not covered under FEHBP. Authorizes the Director to enter into contracts with entities for the offering of qualified CCHBP health plans in a manner similar to the process by which the Director is authorized to enter into contracts with entities under FEHBP. Requires any FEHBP health plan to be treated as a qualified CCHBP health plan. Requires CCHBP health plans to: (1) provide for the same scope and type of benefits that are provided under FEHBP; (2) provide a minimum level of preventive benefits determined by the Director, including vaccines for children and adults, an annual physical, cancer screening, and mental health parity; and (3) provide notice to any covered individual of any benefit or service that is not included in the calculation of the annual or lifetime out-of-pocket limit. Prohibits CCHBP health plans from imposing preexisting condition exclusions or otherwise discriminating based on health status with respect to individuals who enroll upon initial eligibility. Allows a plan to exclude an individual from enrolling based on a preexisting condition during an annual enrollment period after such individual's initial eligibility period. Lists eligibility requirements. Excludes individuals enrolled under FEHBP or other specified public health insurance programs and incarcerated individuals. Requires the Director to promulgate regulations for the use of the Systematic Alien Verification for Entitlements system to verify the legal presence and status of an individual, other than a U.S. citizen, who seeks to enroll in a qualified CCHBP plan. Permits an employer to choose to participate in CCHBP and offer employees qualified CCHBP health plans as employer-sponsored health insurance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Covering People With Pre-Existing Conditions Act of 2014''. SEC. 2. ESTABLISHING UNIVERSAL ACCESS PROGRAMS TO IMPROVE HIGH RISK POOLS AND REINSURANCE MARKETS FOR INDIVIDUALS WITH PRE- EXISTING CONDITIONS. (a) State Requirement.-- (1) In general.--Not later than January 1, 2015, each State shall-- (A) subject to paragraph (3), operate-- (i) a qualified State reinsurance program described in subsection (b); or (ii) qualifying State high risk pool described in subsection (c)(1); and (B) subject to paragraph (3), apply to the operation of such a program from State funds an amount equivalent to the portion of State funds derived from State premium assessments (as defined by the Secretary) that are not otherwise used on State health care programs. (2) Relation to current qualified high risk pool program.-- (A) States not operating a qualified high risk pool.--In the case of a State that is not operating a current section 2745 qualified high risk pool as of the date of the enactment of this Act-- (i) the State may only meet the requirement of paragraph (1) through the operation of a qualified State reinsurance program described in subsection (b); and (ii) the State's operation of such a reinsurance program shall be treated, for purposes of section 2745 of the Public Health Service Act, as the operation of a qualified high risk pool described in such section. (B) State operating a qualified high risk pool.--In the case of a State that is operating a current section 2745 qualified high risk pool as of the date of the enactment of this Act-- (i) as of January 1, 2015, such a pool shall not be treated as a qualified high risk pool under section 2745 of the Public Health Service Act unless the pool is a qualifying State high risk pool described in subsection (c)(1); and (ii) the State may use premium assessment funds described in paragraph (1)(B) to transition from operation of such a pool to operation of a qualified State reinsurance program described in subsection (b). (3) Application of funds.--If the program or pool operated under paragraph (1)(A) is in strong fiscal health, as determined in accordance with standards established by the National Association of Insurance Commissioners and as approved by the State Insurance Commissioner involved, the requirement of paragraph (1)(B) shall be deemed to be met. (b) Qualified State Reinsurance Program.-- (1) In general.--For purposes of this section, a ``qualified State reinsurance program'' means a program operated by a State program that provides reinsurance for health insurance coverage offered in the small group market in accordance with the model for such a program established (as of the date of the enactment of this Act). (2) Form of program.--A qualified State reinsurance program may provide reinsurance-- (A) on a prospective or retrospective basis; and (B) on a basis that protects health insurance issuers against the annual aggregate spending of their enrollees as well as purchase protection against individual catastrophic costs. (3) Satisfaction of hipaa requirement.--A qualified State reinsurance program shall be deemed, for purposes of section 2745 of the Public Health Service Act, to be a qualified high risk pool under such section. (c) Qualifying State High Risk Pool.-- (1) In general.--A qualifying State high risk pool described in this subsection means a current section 2745 qualified high risk pool that meets the following requirements: (A) The pool must provide at least two coverage options, one of which must be a high deductible health plan coupled with a health savings account. (B) The pool must be funded with a stable funding source. (C) The pool must eliminate any waiting lists so that all eligible residents who are seeking coverage through the pool should be allowed to receive coverage through the pool. (D) The pool must allow for coverage of individuals who, but for the 24-month disability waiting period under section 226(b) of the Social Security Act, would be eligible for Medicare during the period of such waiting period. (E) The pool must limit the pool premiums to no more than 150 percent of the average premium for applicable standard risk rates in that State. (F) The pool must conduct education and outreach initiatives so that residents and brokers understand that the pool is available to eligible residents. (G) The pool must provide coverage for preventive services and disease management for chronic diseases. (2) Verification of citizenship or alien qualification.-- (A) In general.--Notwithstanding any other provision of law, only citizens and nationals of the United States shall be eligible to participate in a qualifying State high risk pool that receives funds under section 2745 of the Public Health Service Act or this section. (B) Condition of participation.--As a condition of a State receiving such funds, the Secretary shall require the State to certify, to the satisfaction of the Secretary, that such State requires all applicants for coverage in the qualifying State high risk pool to provide satisfactory documentation of citizenship or nationality in a manner consistent with section 1903(x) of the Social Security Act. (C) Records.--The Secretary shall keep sufficient records such that a determination of citizenship or nationality only has to be made once for any individual under this paragraph. (3) Relation to section 2745.--As of January 1, 2015, a pool shall not qualify as qualified high risk pool under section 2745 of the Public Health Service Act unless the pool is a qualifying State high risk pool described in paragraph (1). (d) Waivers.--In order to accommodate new and innovative programs, the Secretary may waive such requirements of this section for qualified State reinsurance programs and for qualifying State high risk pools as the Secretary deems appropriate. (e) Funding.--In addition to any other amounts appropriated, there is appropriated to carry out section 2745 of the Public Health Service Act (including through a program or pool described in subsection (a)(1))-- (1) $15,000,000,000 for the period of fiscal years 2015 through 2024; and (2) an additional $10,000,000,000 for the period of fiscal years 2020 through 2024. (f) Definitions.--In this section: (1) Health insurance coverage; health insurance issuer.-- The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms in section 2791 of the Public Health Service Act. (2) Current section 2745 qualified high risk pool.--The term ``current section 2745 qualified high risk pool'' has the meaning given the term ``qualified high risk pool'' under section 2745(g) of the Public Health Service Act as in effect as of the date of the enactment of this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Standard risk rate.--The term ``standard risk rate'' means a rate that-- (A) is determined under the State high risk pool by considering the premium rates charged by other health insurance issuers offering health insurance coverage to individuals in the insurance market served; (B) is established using reasonable actuarial techniques; and (C) reflects anticipated claims experience and expenses for the coverage involved. (5) State.--The term ``State'' means any of the 50 States or the District of Columbia.", "summary": "Covering People With Pre-Existing Conditions Act of 2014 - Requires each state to mitigate the health costs of high risk individuals in the state through a state reinsurance program or a state high risk pool."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Part D Improvement Act of 2007''. SEC. 2. REFORM OF ``DONUT HOLE''. (a) Counting Certain Expenditures Towards Out-of-Pocket Limits.-- (1) In general.--Section 1860D-2(b)(4)(C) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)(C)) is amended-- (A) in clause (i), by striking ``and'' at the end; (B) in clause (ii)-- (i) by striking ``such costs shall be treated as incurred only if'' and inserting ``subject to clause (iii), such costs shall be treated as incurred if''; (ii) by striking ``, under section 1860D- 14, or under a State Pharmaceutical Assistance Program''; (iii) by striking ``(other than under such section or such a Program)''; and (iv) by striking the period at the end and inserting ``; and''; and (C) by inserting after clause (ii) the following new clause: ``(iii) such costs shall be treated as incurred and shall not be considered to be reimbursed under clause (ii) if such costs are borne or paid-- ``(I) under section 1860D-14; ``(II) under a State Pharmaceutical Assistance Program; ``(III) by the Indian Health Service, an Indian tribe or tribal organization, or an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act); ``(IV) by a rural health clinic or Federally qualified health center (as defined in section 1861(aa)); ``(V) under an AIDS Drug Assistance Program under part B of title XXVI of the Public Health Service Act; ``(VI) by a pharmaceutical manufacturer patient assistance program, either directly or through the distribution or donation of covered part D drugs, which shall be valued at the negotiated price of such covered part D drug under the enrollee's prescription drug plan or MA-PD plan as of the date that the drug was distributed or donated; or ``(VII) by a subsection (d) hospital (as defined in section 1886(d)(1)(B) that meets the requirements of clauses (i) and (ii) of the section 340B(a)(4)(L) of the Public Health Service Act.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to costs incurred on or after January 1, 2008, for plan years beginning on or after such date. (b) Report on Closing the Gap.--The Secretary of Health and Human Services shall conduct a study on how to eliminate the gap in Medicare part D prescription drug coverage created through the application of an initial coverage limit and how to finance such elimination. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on such study. SEC. 3. CONFORMING LATE ENROLLMENT PENALTY TO MEDICARE PART B PENALTY STRUCTURE. (a) In General.--Section 1860D-13(b)(3) of the Social Security Act (42 U.S.C. 1395w-113(b)(3)) is amended by striking ``is the greater of'' and all that follows and inserting the following: ``is 10 percent of the base beneficiary premium (as computed under subsection (a)(2)) for each continuous period of 12 consecutive uncovered months in such period''. (b) Not Counting Periods of Non-Enrollment During First Year of Program.--Subparagraph (B) of such section is amended by inserting ``(after December 2007)'' after ``any month''. (c) Presumption of Errors in Enrollment or Nonenrollment Due to Official Error.--Section 1837(h) of such Act (42 U.S.C. 1395p(h)) is amended by adding at the end the following: ``In applying the previous sentence, an individual's unintentional, inadvertent, or erroneous enrollment or nonenrollment shall be presumed to be the result of an error, misrepresentation, or inaction of an officer, employee, or agent of the Federal Government, or its instrumentalities, unless the Secretary demonstrates otherwise.''. (d) Effective Dates.--The amendments made by subsections (a) and (b) shall apply to late enrollment penalties for months beginning with January 2008. The amendment made by subsection (c) shall take effect on January 1, 2008, and shall apply as of such date to enrollments (and non-enrollments) occurring before, on, or after such date. SEC. 4. MORE FREQUENT CHANGES IN PLANS PERMITTED. (a) In General.--Section 1860D-1(b)(3) of the Social Security Act (42 U.S.C. 1395w-101(b)(3)) is amended by adding at the end the following new subparagraph: ``(F) Same frequency as changes in formularies.--In the case of an individual enrolled in a prescription drug plan (or MA-PD plan), as often as the Secretary permits such plan to make changes in its formulary.''. (b) Permitting Change in Enrollment During First 3 Months of Each Year as Permitted Under the Medicare Advantage Program.--Section 1860D- 1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is amended by striking ``, (C),''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2008. SEC. 5. LOW INCOME SUBSIDY IMPROVEMENTS. (a) Removal of Asset Test.-- (1) In general.--Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-114(a)) is amended-- (A) in paragraph (1), in the matter before subparagraph (A), by striking ``and who meets the resources requirement described in paragraph (3)(D)''; and (B) in paragraph (3)-- (i) in paragraph (3)(A), by adding ``and'' at the end of clause (i), by striking ``; and'' at the end of clause (ii) and inserting a period, and by striking clause (iii); and (ii) by striking subparagraphs (D) and (E). (2) Effective date.--The amendments made by paragraph (1) shall apply to benefits for months beginning with January 2008. (b) Elimination of Late Enrollment Penalties for Subsidy Eligible Individuals.-- (1) In general.--Section 1860D-13(b)(2) of the Social Security Act (42 U.S.C. 1395w-113(b)(2)) is amended by inserting ``who is not a subsidy eligible individual and'' after ``an individual''. (2) Conforming amendments.--Section 1860D-14 of such Act (42 U.S.C. 1395w-114) is amended-- (A) in subsection (a)(1)(A), by striking ``equal to'' and all that follows and inserting the following: ``100 percent of the amount described in subsection (b)(1), but not to exceed the premium amount specified in subsection (b)(2)(B).''; and (B) in subsection (b)(2)(B), by striking the last sentence. (3) Effective date.--The amendments made by this subsection shall apply to late enrollment penalties for months beginning with January 2008.", "summary": "Medicare Part D Improvement Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of the Social Security Act to revise requirements for the Medicare prescription drug program with respect to: (1) counting certain expenditures towards out-of-pocket limits; (2) conforming the late enrollment penalty to the Medicare part B penalty structure; (3) allowing more frequent changes in plans; and (4) removing the asset test and eliminating late enrollment penalties for low-income subsidy eligible individuals. Directs the Secretary of Health and Human Services to study and report to Congress on how to: (1) eliminate the gap in Medicare part D prescription drug coverage created through the application of an initial coverage limit; and (2) finance such elimination."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore Opportunity, Strengthen, and Improve the Economy Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress of the United States finds the following: (1) The disappearance of good jobs, the shrinking of the middle class, and growing income inequality are the greatest domestic challenges confronting the Nation. (2) The United States Government is the largest purchaser of goods and services in the Nation's private-sector economy, spending over $1.5 trillion dollars annually at firms that employ a quarter of American workers. (3)(A) Federal purchasing power is currently creating millions of poverty-level jobs, subsidizing labor law-breakers, and funding ballooning executive compensation. (B) The Federal Government is the Nation's leading creator of low-wage jobs in the private sector, funding more than 2,000,000 jobs paying under $12 per hour. (C) The Federal Government awards taxpayer dollars to a substantial number of firms that violate Federal labor, employment, and occupational safety laws. (D) Federal Government purchasing subsidizes the excessive salaries of private-sector executives who do business with the American people. (4) When Federal purchasing power is used in such a manner, workers have less to spend on the necessities of life and are forced to rely on public assistance. Lack of working purchasing power hurts job creation and undermines economic growth, ultimately imposing significant costs on American taxpayers. (5)(A) Federal purchasing power should be used to create good jobs, rebuild the middle class, and curb rising income inequality. (B) Federal purchasing power should be used to create good jobs for America. Good jobs allow workers and their families to live in dignity without relying on public assistance or private charity. Good jobs pay enough to provide for subsistence, health care, education, housing, and savings, as well as enough disposable income to allow workers to enjoy quality time off with their loved ones. (C) Federal purchasing power should be used to rebuild the middle class. A strong middle class stimulates the economy by increasing consumer spending and job growth. (D) Federal purchasing power should be used to narrow the growing gulf between the richest one percent of the population and ordinary working families that is threatening the survival of participatory democracy. (b) Purposes.--The purposes of this Act are the following: (1) To use Federal purchasing power to incentivize private- sector firms. (2) To create good jobs for America's workers. (3) To rebuild America's middle class. (4) To address America's crisis of income inequality. (5) To invigorate the economy by increasing the purchasing power of working Americans. SEC. 3. GOOD JOBS MODEL EMPLOYER STANDARDS. For purposes of this Act, a Good Jobs Model Employer is one which meets the following standards: (1) Respects employees' rights to bargain collectively with their employers without being forced to take strike action to win better wages and working conditions. (2) Offers to each employee living wages, decent benefits including health care, paid leave for sickness and caregiving, and fair work schedules that are predictable and stable. (3) Affirmatively demonstrates an exemplary standard of compliance with workplace protection laws, including laws governing labor relations, wages and hours, and health and safety, as well as other applicable labor laws. (4) Limits executive compensation to 50 times the median salary paid to the company's workers. (5) Employs a workforce not less than 35 percent of which reside within one or more Historically Underutilized Business Zones. (6) Subcontracts only with other Good Jobs Model Employers. SEC. 4. APPLICATION TO FEDERAL CONTRACTS AND ASSISTANCE. (a) Eligibility for Award of Procurement Contracts.--In the award of a contract for the acquisition of supplies or services, an executive agency may not award the contract to a source that is not a Good Jobs Model Employer, unless there is no offer from a source that is a Good Jobs Model Employer. (b) Eligibility for Award of Financial and Nonfinancial Assistance.--An executive agency may not provide other forms of financial or nonfinancial assistance to entities that are not model employers when there is a similarly situated Good Jobs Model Employer that could receive the assistance, unless doing so would substantially undermine the value of the assistance to the public good. (c) Incorporation Into Future Federal Contracts and Assistance Agreements.--Beginning on January 1, 2015, executive agencies shall incorporate into each new contract, contract-like instrument, or assistance agreement a clause requiring the contractor or recipient to conduct itself as a Good Jobs Model Employer for the duration of the contract. (d) Exclusions.--None of the provisions of this section shall be interpreted to apply to-- (1) direct Federal statutory entitlements; (2) mandatory awards; (3) direct awards to foreign governments or public international organizations; (4) benefits to an individual as a personal entitlement; or (5) Federal employment. SEC. 5. IMPLEMENTATION. (a) Good Jobs Model Employer Standards.--The Secretary of Labor shall promulgate regulations implementing the Good Jobs Model Employer Standards of section 3(a) so as to effect the policy and purposes of this Act within 180 days after the date of enactment of this Act. The Secretary of Labor shall amend these regulations as necessary so that they continue to effect the policy and purposes of this Act. (b) Procurement Policy.--The Administrator of General Services, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration, in coordination with the Office of Federal Procurement Policy, shall amend the Federal Acquisition Regulation within 180 days after the date of enactment of this Act to effect the policy and purposes of this Act, and subsequently as necessary to continue to effect the policy and purposes of this Act. (c) Debarment or Suspension.-- (1) An organization which acquires any form of financial or nonfinancial benefit or a contract from an executive agency through the operation of the procedure described in section 4 shall be placed on the Excluded Parties List enacted by Executive Orders 12549 and 12689 for a period of at least 2 years if it fails to remain a model employer for the duration of the benefit. (2) An organization which violates a Good Job Model Employer clause in a contract or agreement required by section 4(c) shall be placed on the Excluded Parties List enacted by Executive Orders 12549 and 12689 for a period of 3 years. (3) Parties which are suspended multiple times may be debarred permanently. SEC. 6. SEVERABILITY. If any provision of this Act, or applying such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby.", "summary": "Restore Opportunity, Strengthen, and Improve the Economy Act - Prohibits an executive agency from awarding a contract for the acquisition of supplies or services to a source that is not a Good Jobs Model Employer, unless there is no offer from such an employer. Defines a "Good Jobs Model Employer" as one that: respects employees' rights to bargain collectively with their employers without being forced to take strike action to win better wages and working conditions; offers to each employee living wages, decent benefits including health care, paid leave for sickness and caregiving, and fair work schedules that are predictable and stable; affirmatively demonstrates an exemplary standard of compliance with workplace protection laws, including laws governing labor relations, wages and hours, and health and safety, as well as other applicable labor laws; limits executive compensation to 50 times the median salary paid to the company's workers; employs a workforce not less than 35% of which reside within one or more Historically Underutilized Business Zones; and subcontracts only with other Good Jobs Model Employers. Prohibits an executive agency from providing other forms of assistance to entities that are not model employers when there is a similarly situated Good Jobs Model Employer that could receive the assistance, unless doing so would substantially undermine the value of the assistance to the public good. Requires executive agencies to incorporate into each new contract or assistance agreement a clause requiring the contractor or recipient to conduct itself as a Good Jobs Model Employer for the duration of the contract. Provides for the suspension of a contractor or assistance recipient that fails to do so and for debarment for multiple violations. Requires: (1) the Secretary of Labor to promulgate regulations implementing such Good Jobs Model Employer standards, and (2) specified officials to amend the Federal Acquisition Regulation to effect the policy and purposes of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Consumer Access to Travel Information Act''. SEC. 2. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND CHOICE IN THE AIRLINE INDUSTRY. (a) Findings.--The Congress finds the following: (1) The continued success of a deregulated airline system requires that consumers have full access to complete information concerning airline fares, routes, and other services. (2) The means of distributing information about the products and services of the airline industry are changing; during the past four years, airlines have begun selling a larger percentage of their products and services directly to consumers, and Internet businesses are now offering services that allow consumers to compare prices for these products and services. (3) Airline policies with respect to travel agencies, who historically have sold a majority of the airline industry's products and services, threaten the ability of consumers to gather the information necessary to evaluate market prices, routes, and services. (4) Further reductions in the number of travel agents and greater marketplace reliance on direct airline sales may result in a marketplace in which consumers lack sufficient information and are thereby forced to pay higher prices. (b) Establishment.--There is established a commission to be known as the ``National Commission to Ensure Consumer Information and Choice in the Airline Industry'' (hereinafter in this section referred to as the ``Commission''). (c) Duties.-- (1) Study.--The Commission shall undertake a study of-- (A) consumer access to information about the products and services of the airline industry; (B) the effect on the marketplace of the emergence of new means of distributing such products and services; (C) the effect on consumers of the declining financial condition of travel agents in the United States; and (D) the impediments imposed by the airline industry on distributors of the industry's products and services, including travel agents and Internet-based distributors. (2) Policy recommendations.--Based on the results of the study described in paragraph (1), the Commission shall recommend to the President and Congress policies necessary-- (A) to ensure full consumer access to complete information concerning airline fares, routes, and other services; (B) to ensure that the means of distributing the products and services of the airline industry, and of disseminating information about such products and services, is adequate to ensure that competitive information is available in the marketplace; (C) to ensure that distributors of the products and services of the airline industry have adequate relief from illegal, anticompetitive practices that occur in the marketplace; and (D) to foster healthy competition in the airline industry and the entry of new entrants. (d) Specific Matters To Be Addressed.--In carrying out the study authorized under subsection (c)(1), the Commission shall specifically address the following: (1) Consumer access to information.--With respect to consumer access to information regarding the services and products offered by the airline industry: (A) The state of such access. (B) The effect in the next 5 years of the making of alliances in the airline industry. (C) Whether and to what degree the trends regarding such access will produce benefits to consumers. (2) Means of distribution.--With respect to the means of distributing the products and services of the airline industry: (A) The state of such means of distribution. (B) The roles played by travel agencies and Internet-based providers of travel information and services in distributing such products and services. (C) Whether the policies of the United States promote the access of consumers to multiple means of distribution. (3) Airline reservation systems.--With respect to airline reservation systems: (A) The rules, regulations, policies, and practices of the industry governing such systems. (B) How trends in such systems will affect consumers, including-- (i) the effect on consumer access to flight reservation information; and (ii) the effect on consumers of the use by the airline industry of penalties and promotions to convince distributors to use such systems, and the degree of consumer awareness of such penalties and promotions. (4) Legal impediments to distributors seeking relief for anticompetitive actions.--The policies of the United States with respect to the legal impediments to distributors seeking relief for anticompetitive actions, including-- (A) Federal preemption of civil actions against airlines; and (B) the role of the Department of Transportation in enforcing rules against anticompetitive practices. (e) Membership.-- (1) Appointment.--The Commission shall be composed of 15 voting members and 11 nonvoting members as follows: (A) 5 voting members and 1 nonvoting member appointed by the President. (B) 3 voting members and 3 nonvoting members appointed by the Speaker of the House of Representatives. (C) 2 voting members and 2 nonvoting members appointed by the minority leader of the House of Representatives. (D) 3 voting members and 3 nonvoting members appointed by the majority leader of the Senate. (E) 2 voting members and 2 nonvoting members appointed by the minority leader of the Senate (2) Qualifications.--Voting members appointed pursuant to paragraph (1) shall be appointed from among individuals who are experts in economics, service product distribution, or transportation, or any related discipline, and who can represent consumers, passengers, shippers, travel agents, airlines, or general aviation. (3) Terms.--Members shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Travel expenses.--Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (6) Chairman.--The President, in consultation with the Speaker of the House of Representatives and the majority leader of the Senate, shall designate the Chairman of the Commission from among its voting members. (f) Commission Panels.--The Chairman shall establish such panels consisting of voting members of the Commission as the Chairman determines appropriate to carry out the functions of the Commission. (g) Staff.--The Commission may appoint and fix the pay of such personnel as it considers appropriate. (h) Staff of Federal Agencies.--Upon request of the Commission, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (i) Other Staff and Support.--Upon the request of the Commission, or a panel of the Commission, the Secretary of Transportation shall provide the Commission or panel with professional and administrative staff and other support, on a reimbursable basis, to assist the Commission or panel in carrying out its responsibilities. (j) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this section. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. (k) Report.--Not later than 6 months after the date on which initial appointments of members to the Commission are completed, the Commission shall transmit to the President and Congress a report on the activities of the Commission, including recommendations made by the Commission under subsection (c)(2). (l) Termination.--The Commission shall terminate on the 30th day following the date of transmittal of the report under subsection (k). All records and papers of the Commission shall thereupon be delivered by the Administrator of General Services for deposit in the National Archives. (m) Applicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.", "summary": "Improved Consumer Access to Travel Information Act - Establishes the National Commission to Ensure Consumer Information and Choice in the Airline Industry. Sets forth the Commission's duties, including to: (1) study consumer access to airline industry information on products and services, the effect on consumers of the declining financial condition of travel agents in the United States, and the impediments imposed by the airline industry on distributors of the industry's products and services, including travel agents and Internet-based distributors; and (2) recommend, based on the study results, to the President and Congress policies necessary to ensure full consumer access to complete information concerning airline fares, routes, and other services, that the means of distributing the products and services of the airline industry (including information on such items) is adequate to ensure that competitive information is available in the marketplace, and that distributors of such products and services have adequate relief from illegal, anticompetitive practices that occur in the marketplace. Requires the Commission to report to the President and Congress on the Commission's activities, including any recommendations made by it."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``IFQ Act of 2001''. SEC. 2. INDIVIDUAL QUOTA PROGRAMS. (a) Authority To Establish Individual Quota Systems.--Section 303 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853) is amended by adding at the end the following: ``(e) Special Provisions for Individual Quota Systems.-- ``(1) Conditions.--A fishery management plan which establishes an individual quota system for a fishery after September 30, 2002-- ``(A) shall provide for administration of the system by the Secretary in accordance with the terms of the plan; ``(B) shall not create, or be construed to create, any right, title, or interest in or to any fish before the fish is harvested; ``(C) shall include provisions which establish procedures and requirements for each Council having authority over the fishery, for-- ``(i) reviewing and revising the terms of the plan that establish the system; and ``(ii) renewing, reallocating, and reissuing individual quotas if determined appropriate by each Council; ``(D) shall include provisions to-- ``(i) promote sustainable management of the fishery; ``(ii) provide for fair and equitable allocation of individual quotas under the system; ``(iii) minimize negative social and economic impacts of the system on local coastal communities; ``(iv) ensure adequate enforcement of the system, including the use of observers where appropriate at a level of coverage that should yield statistically significant results; and ``(v) take into account present participation and historical fishing practices, in the fishery; and ``(E) include provisions that prevent any person or entity from acquiring an excessive share of individual quotas issued for a fishery. ``(2) Plan characteristics.--An individual quota issued under an individual quota system established by a fishery management plan-- ``(A) shall be considered a grant, to the holder of the individual quota, of permission to engage in activities permitted by the individual quota; ``(B) may be revoked or limited at any time, in accordance with the terms of the plan and regulations issued by the Secretary or the Council having authority over the fishery for which it is issued, if necessary for the conservation and management of the fishery (including as a result of a violation of this Act or any regulation prescribed under this Act); ``(C) if revoked or limited by the Secretary or a Council, shall not confer any right of compensation to the holder of the individual quota; ``(D) may be received and held in accordance with regulations prescribed by the Secretary under this Act; ``(E) shall, except in the case of an individual quota allocated under an individual quota system established before the date of enactment of the IFQ Act of 2001, expire not later than 5 years after the date it is issued, in accordance with the terms of the fishery management plan; and ``(F) upon expiration under subparagraph (E), may be renewed, reallocated, or reissued if determined appropriate by each Council having authority over the fishery. ``(3) Eligible holders.-- ``(A) In general.--Except as provided in subparagraph (B), any fishery management plan that establishes an individual quota system for a fishery may authorize individual quotas to be held by or issued under the system to fishing vessel owners, fishermen, and crew members. ``(B) Non-citizens not eligible.--An individual who is not a citizen of the United States may not hold an individual quota issued under a fishery management plan. ``(4) Permitted provisions.--Any fishery management plan that establishes an individual quota system for a fishery may include provisions that-- ``(A) allocate individual quotas under the system among categories of vessels; and ``(B) provide a portion of the annual harvest in the fishery for entry-level fishermen, small vessel owners, or crewmembers who do not hold or qualify for individual quotas. ``(5) Termination or limitation.-- ``(A) Grounds.--An individual quota system established for a fishery may be limited or terminated at any time if necessary for the conservation and management of the fishery, by-- ``(i) the Council which has authority over the fishery for which the system is established, through a fishery management plan or amendment; or ``(ii) the Secretary, in the case of any individual quota system established by a fishery management plan developed by the Secretary. ``(B) Effect on other authority.--This paragraph does not diminish the authority of the Secretary under any other provision of this Act. ``(6) Required provisions; reallocations.--Any individual quota system established for a fishery after the date of enactment of the IFQ Act of 2001-- ``(A) shall not allow individual quota shares under the system to be sold, transferred, or leased; ``(B) shall prohibit a person from holding an individual quota share under the system unless the person participates in the fishery for which the individual quota share is issued; and ``(C) shall require that if any person that holds an individual quota share under the system does not engage in fishing under the individual quota share for 3 or more years in any period of 5 consecutive years, the individual quota share shall revert to the Secretary and shall be reallocated under the system to qualified participants in the fishery in a fair and equitable manner. ``(7) Exceptions.-- ``(A) Hardship.--The Secretary may suspend the applicability of paragraph (6) for individuals on a case-by-case basis due to death, disablement, undue hardship, retirement, or in any case in which fishing is prohibited by the Secretary or the Council. ``(B) Transfer to family members.--Notwithstanding paragraph (6)(A), the Secretary may permit the transfer of an individual fishing quota, on a case-by-case basis, from an individual to a member of that individual's family under circumstances described in subparagraph (A) through a simple and expeditious process. ``(8) Definitions.--In this subsection: ``(A) individual quota system.--The term `individual quota system' means a system that limits access to a fishery in order to achieve optimum yield, through the allocation and issuance of individual quotas. ``(B) individual quota.--The term `individual quota' means a grant of permission to harvest a quantity of fish in a fishery, during each fishing season for which the permission is granted, equal to a stated percentage of the total allowable catch for the fishery.''. (b) Approval of Fishery Management Plans Establishing Individual Quota Systems.--Section 304 of that Act (16 U.S.C. 1854) is further amended by adding after subsection (h) the following: ``(i) Referendum Procedure.-- ``(1) A Council may prepare and submit a fishery management plan, plan amendment, or regulation that creates an individual fishing quota or other quota-based program only if both the preparation and the submission of such plan, amendment or regulation are approved in separate referenda conducted under paragraph (2). ``(2) The Secretary, at the request of a Council, shall conduct the referenda described in paragraph (1). Each referendum shall be decided by a two-thirds majority of the votes cast by eligible permit holders. The Secretary shall develop guidelines to determine procedures and eligibility requirements for referenda and to conduct such referenda in a fair and equitable manner. ``(j) Action on Limited Access Systems.-- ``(1) In addition to the other requirements of this Act, the Secretary may not approve a fishery management plan that establishes a limited access system that provides for the allocation of individual quotas (in this subsection referred to as an `individual quota system') unless the plan complies with section 303(e). ``(2) Within 1 year after receipt of recommendations from the review panel established under paragraph (3), the Secretary shall issue regulations which establish requirements for establishing an individual quota system. The regulations shall be developed in accordance with the recommendations. The regulations shall-- ``(A) specify factors that shall be considered by a Council in determining whether a fishery should be managed under an individual quota system; ``(B) ensure that any individual quota system is consistent with the requirements of sections 303(b) and 303(e), and require the collection of fees in accordance with subsection (d)(2) of this section; ``(C) provide for appropriate penalties for violations of individual quotas systems, including the revocation of individual quotas for such violations; ``(D) include recommendations for potential management options related to individual quotas, including the use of leases or auctions by the Federal Government in the establishment or allocation of individual quotas; and ``(E) establish a central lien registry system for the identification, perfection, and determination of lien priorities, and nonjudicial foreclosure of encumbrances, on individual quotas. ``(3)(A) Not later than 6 months after the date of the enactment of the IFQ Act of 2001, the Secretary shall establish a review panel to evaluate fishery management plans in effect under this Act that establish a system for limiting access to a fishery, including individual quota systems, and other limited access systems, with particular attention to-- ``(i) the success of the systems in conserving and managing fisheries; ``(ii) the costs of implementing and enforcing the systems; ``(iii) the economic effects of the systems on local communities; and ``(iv) the use of auctions in the establishment or allocation of individual quota shares. ``(B) The review panel shall consist of-- ``(i) the Secretary or a designee of the Secretary; ``(ii) the Commandant of the Coast Guard; ``(iii) a representative of each Council, selected by the Council; and ``(iv) 5 individuals with knowledge and experience in fisheries management. ``(C) Based on the evaluation required under subparagraph (A), the review panel shall, by September 30, 2003-- ``(i) submit comments to the Councils and the Secretary with respect to the revision of individual quota systems that were established prior to June 1, 1995; and ``(ii) submit recommendations to the Secretary for the development of the regulations required under paragraph (2).''.", "summary": "IFQ Act of 2001 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to authorize, subject to referenda approval, the establishment of, and conditions for, individual fishery quota systems."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Rule of Law and Antiterrorism Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) It is in the national security interest of the United States to support efforts to restore the rule of law in post- conflict and failed countries in order to prevent such countries from becoming safe havens for terrorist organizations and organized crime networks that threaten the security of United States interests, citizens, and its allies. (2) The responsibility of a civilian police force within a United Nations international peace operation is to help establish and maintain the rule of law and provide for the security necessary for post-conflict reconstruction to take place. (3) The restoration of the rule of law, despite its importance, remains a significant weakness of current United Nations international peace operations. SEC. 3. SUPPORT FOR THE CREATION OF A PROFESSIONAL UN CIVILIAN POLICE CORPS (UNCPC). (a) Findings.--Congress finds the following: (1) The creation of a professional United Nations civilian police corps (UNCPC) would-- (A) greatly reduce the current need for combat soldiers to engage in civilian policing activities; (B) allow combat soldiers who are deployed to be withdrawn earlier from a post-conflict situation without compromising security; (C) allow the United Nations to more rapidly and effectively take responsibility for maintaining a secure environment that allows aid providers to move forward with relief, development, and democracy- building tasks; (D) permit the United Nations to recruit civilian police personnel with the appropriate levels of expertise and training in police procedures and United Nations international peace operations, as determined by international standards to be established by the United Nations member states through negotiations; and (E) institute a system of accountability for civilian police in United Nations international peace operations, augmenting present civil disciplinary procedures with a standard code of conduct and an enforcement mechanism implemented in collaboration with United Nations member states. (2) The right of the United States to exercise its veto within the United Nations Security Council ensures that no action taken by the United Nations would be detrimental to the interests of the United States. (b) Negotiations to Establish a UN Civilian Police Corps.--The President shall-- (1) direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to establish negotiations with the United Nations and United Nations member states to establish a professional United Nations civilian police corps (UNCPC); (2) direct the Secretary of State to request that the United Nations Secretariat prepare a report concerning the establishment of a professional United Nations civilian police corps; and (3) direct the Secretary of State to work with the United Nations Secretariat and other United Nations member states to establish standards and training programs for international civilian police. (c) Sense of Congress.--It is the sense of Congress that a professional United Nations civilian police corps established in accordance with subsection (b)-- (1) should be composed of the appropriate number of law enforcement professionals recruited and employed by the United Nations who are appropriately trained and equipped for civilian policing functions in United Nations international peace operations and available for rapid deployment to such international peace operations as needed; (2) should be able to deploy not later than 15 days after the date on which a deployment is authorized pursuant to a United Nations Security Council resolution; (3) should be managed by the United Nations Civilian Police Division, established in October 2000 and mandated to plan and support the work of United Nations civilian police officers in United Nations peacekeeping operations; and (4) should be given the appropriate resources to do its job properly, including funding, equipment, training, logistical support, and staffing, including support personnel as well as corrections and judicial law enforcement professionals. SEC. 4. REPORT ON STATUS OF NEGOTIATIONS. Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the President shall transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains a detailed description of the progress of negotiations to establish a professional United Nations civilian police corps in accordance with section 3(b). SEC. 5. DEFINITIONS. In this Act: (1) Rule of law.--The term ``rule of law'' means the ability of a country, through institutions and other means, to ensure the security and well being of its citizens through the enforcement of public laws. (2) United nations international peace operation.--The term ``United Nations international peace operation'' means a field operation conducted by the United Nations, or under the authority of the United Nations Security Council, for the purpose of implementing a peace agreement, the mandate of which may include establishing a secure post-conflict environment and restoring the rule of law, to enable reconstruction and development efforts to be established and carried out.", "summary": "International Rule of Law and Antiterrorism Act of 2003 - Requires the President to direct: (1) the U.S. Permanent Representative to the United Nations (UN) to use the U.S. vote to establish negotiations with the UN to establish a professional UN civilian police corps (UNCPC); (2) the Secretary of State (Secretary) to request that the UN Secretariat prepare a report concerning the UNCPC's establishment; and (3) the Secretary to work with the UN Secretariat and other UN member states to establish standards and training programs for international civilian police.Expresses the sense of Congress that the UNCPC should: (1) be composed of enforcement professionals who are appropriately trained and equipped for civilian policing functions in UN international peace operations and available for rapid deployment to such operations as needed; (2) be able to deploy not later than 15 days after deployment is authorized pursuant to a UN Security Council resolution; (3) be managed by the UN Civilian Police Division (established in October 2000 and mandated to plan and support the work of the UN civilian police officers in UN peacekeeping operations); and (4) be given the appropriate resources to properly do its job.Requires the President to report annually to specified congressional committees on the progress to establish a UNCPC."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rim of the Valley Corridor Study Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The greater Southern California metropolitan region is the second largest urban concentration in the United States, with almost one-tenth of the total population of the country, yet it has one of the lowest ratios of park-and-recreation- lands-per-thousand-population of any urban area in the country. Unless action is taken soon, this situation will only become worse as the region continues to be subjected to intense growth. (2) The lack of park, recreation, natural open space, and habitat protection in close proximity to the greater Southern California metropolitan region deprives the individuals who reside there of-- (A) the health and spiritual welfare benefits of proximity to nature; and (B) the quantifiable benefits of reduced crime, lower social tension, and increased educational opportunities that are associated with the provision of open space in geographic proximity to and accessible to urban populations. (3) The Rim of the Valley Corridor encircling the San Fernando and La Crescenta valleys provides important scenic, environmental, recreational, educational, scientific, and economic assets to the greater Southern California metropolitan region. These assets are deserving of increased protection so that they can continue to provide public benefit in the 21st century and beyond. (4) The Rim of the Valley Corridor, consisting of parts of the Santa Monica Mountains, Santa Susanna Mountains, San Gabriel Mountains, Verdugo Mountains, San Rafael Hills, and adjacent connector areas to the Los Padres and San Bernardino National Forests, contains significant examples of-- (A) the world's most endangered habitat area, the Mediterranean chaparral ecosystem; and (B) significant examples of separate ecotones indigenous to the area. (5) A key element of the Rim of the Valley Corridor is the escarpment of the San Gabriel Mountains that is largely contained within the Angeles National Forest. That national forest is primarily managed for watershed, recreational, and habitat values and not for commercial exploitation of forest resources. (6) Privately owned lands within the Rim of the Valley Corridor are critical to providing additional scenic, environmental, recreational, and open space values. These lands should be brought within public protection through the use of voluntary incentives, respecting at all times the legitimate private property values of existing property owners. (7) The State of California has adopted the Rim of the Valley Master Plan, and local governments within the Rim of the Valley Corridor have made significant progress toward protecting the unique natural and recreational resources of the area. However, these efforts have been hampered by a lack of financial resources, technical assistance, and resource management expertise that can be provided by the Federal Government. SEC. 3. STUDY OF RIM OF THE VALLEY CORRIDOR FOR ESTABLISHMENT AS UNIT OF THE SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA. (a) In General.--The Secretary of the Interior shall conduct a special resource study of the lands, waters, and interests of the area comprising the Rim of the Valley Corridor in Southern California, as depicted on the maps on file on June 15, 2001, in the office of the Secretary of the State of California pursuant to Division 23 of the California Public Resources Code (section 33000 et seq.). (b) Study Topics.--The study shall evaluate the national significance of the area and the suitability and feasibility of establishing it as a unit of the Santa Monica Mountains National Recreation Area of the National Park System. (c) Criteria.--In conducting the study authorized by this section, the Secretary shall use the criteria for the study of areas for potential inclusion in the National Park System contained in section 8 of Public Law 91-383 (16 U.S.C. 1a-5). (d) Consultation.--In conducting the study authorized by this section, the Secretary shall regularly consult with the Rim of the Valley Corridor and Santa Monica Mountains National Recreation Area Advisory Committee established by section 4. SEC. 4. ESTABLISHMENT OF ADVISORY COMMITTEE. (a) Establishment.--There is established the Rim of the Valley Corridor and Santa Monica Mountains National Recreation Area Advisory Committee (in this section referred to as the ``Committee''). (b) Recommendation of Boundaries for Expanded Recreation Area.-- (1) In general.--The Committee shall-- (A) advise the Secretary of the Interior regarding the conduct of the study under section 3; and (B) recommend to the Secretary of the Interior boundaries for a Santa Monica Mountains and Rim of the Valley National Recreation Area. (2) Boundary requirements.--The boundaries recommended by the Committee shall-- (A) reflect the boundaries of the Santa Monica Mountains National Recreation Area, as in effect on the date of the enactment of this Act; and (B) generally include the lands, waters, and interests comprising the Rim of the Valley Corridor as depicted on the maps as on file on June 15, 2001, in the office of the Secretary of the State of California pursuant to Division 23 of the California Public Resources Code (section 33000 et seq.). (3) Submission.--The Committee shall-- (A) submit a recommendation to the Secretary of the Interior under this subsection within 365 days after the first meeting of the Committee; and (B) include in the recommendation maps depicting the boundaries proposed for a Santa Monica Mountains and Rim of the Valley National Recreation Area. (4) Public participation.--The Committee shall provide opportunities for public participation in and comment on the recommendation of boundaries under this subsection. (c) Membership.--The Committee consists of 24 members appointed by the Secretary of the Interior, as follows: (1) 17 representatives of local governments having jurisdiction over areas in the vicinity of the recreation area, of whom one shall be nominated by each of-- (A) the mayor of the city of Los Angeles; (B) the board of supervisors of the county of Los Angeles; (C) the board of supervisors of the county of Ventura; (D) the city council of the city of Thousand Oaks; (E) the city council of the city of Agoura Hills; (F) the city council of the city of Westlake Village; (G) the city council of the city of Malibu; (H) the city council of the city of Calabasas; (I) the city council of the city of Burbank; (J) the city council of the city of Glendale; (K) the city council of the city of La Canada- Flintridge; (L) the city council of the city of Pasadena; (M) the city council of the city of Sierra Madre; (N) the city council of the city of South Pasadena; (O) the city council of the city of Santa Clarita; (P) the city council of the city of Moorpark; and (Q) the board of supervisors of Los Angeles county to represent the unincorporated communities within the jurisdiction of the East Rim of the Valley Trail Corridor, after consultation with the Town Council of Altadena and the Crescenta Valley Town Council. (2) The Superintendent of the Santa Monica Mountains National Recreation Area, or a designee of such Superintendent. (3) The Supervisor of the Angeles National Forest, or a designee of such Supervisor. (4) The Superintendent of the Angeles District of the State of California Department of Parks and Recreation, or a designee of such Superintendent. (5) The Director of the Santa Monica Mountains Conservancy, or a designee of such Director. (6) One representative of the Rancho Simi Recreation and Park District, nominated by the Board of Directors of such district. (7) One representative of the Conejo Recreation and Park District, nominated by the Board of Directors of such district. (8) One representative of the Pleasant Valley Recreation and Park District, nominated by the Board of Directors of such district. (d) Chairperson and Vice Chairperson.--The Committee shall select from among its members a chairperson and a vice chairperson. (e) Compensation and Expenses.--The members of the Committee shall serve without compensation, but shall be reimbursed by the Secretary of the Interior for necessary expenses incurred in the performance of their duties. (f) Quorum.--13 members of the Committee shall constitute a quorum for the transaction of any business. (g) Termination.--The Committee shall terminate upon the submittal by the Secretary of the special resources study under section 3 to the Congress.", "summary": "Rim of the Valley Corridor Study Act - Directs the Secretary of the Interior to conduct a special resource study of the lands, waters, and interests of the Rim of the Valley Corridor in Southern California to evaluate its national significance and the suitability and feasibility of establishing it as a unit of the Santa Monica Mountains National Recreation Area of the National Park System.Establishes the Rim of the Valley Corridor and Santa Monica Mountains National Recreation Area Advisory Committee to: (1) advise the Secretary regarding such study; and (2) recommend to the Secretary boundaries for a Santa Monica Mountains and Rim of the Valley National Recreation Area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Grain Standards Act Reauthorization Act of 2015''. SEC. 2. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT. (a) Official Inspection and Weighing Requirements.-- (1) Weighing requirements at export elevators.--Section 5(a)(2) of the United States Grain Standards Act (7 U.S.C. 77(a)(2)) is amended in the proviso by striking ``intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge,'' and inserting ``shipments of grain into an export elevator by any mode of transportation''. (2) Disruption in grain inspection or weighing.--Section 5 of the United States Grain Standards Act (7 U.S.C. 77) is amended by adding at the end the following: ``(d) Disruption in Grain Inspection or Weighing.--In the case of a disruption in official grain inspections or weighings, including if the Secretary waives the requirement for official inspection due to an emergency under subsection (a)(1), the Secretary shall-- ``(1) immediately take such actions as are necessary to address the disruption and resume inspections or weighings; ``(2) not later than 24 hours after the start of the disruption in inspection or weighing, submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes-- ``(A) the disruption; and ``(B) any actions necessary to address the concerns of the Secretary relating to the disruption so that inspections or weighings may resume; and ``(3) once the initial report in paragraph (2) has been made, provide daily updates until official inspection or weighing services at the site of disruption have resumed.''. (b) Official Inspection Authority and Funding.-- (1) Delegation of official inspection authority.--Section 7(e)(2) of the United States Grain Standards Act (7 U.S.C. 79(e)(2)) is amended-- (A) by striking ``(2) If the Secretary'' and inserting the following: ``(2) Delegation of authority to state agencies.-- ``(A) In general.--If the Secretary''; (B) in the first sentence-- (i) by striking ``and (A)'' and inserting ``and (i)''; (ii) by striking ``or (B)(i)'' and inserting ``or (ii)(I)''; (iii) by striking ``(ii)'' and inserting ``(II)''; and (iv) by striking ``(iii)'' and inserting ``(III)''; and (C) by adding at the end the following: ``(B) Certification.-- ``(i) In general.--Every 5 years, the Secretary shall certify that each State agency with a delegation of authority is meeting the criteria described in subsection (f)(1)(A). ``(ii) Process.--Not later than 1 year after the date of enactment of the United States Grain Standards Act Reauthorization Act of 2015, the Secretary shall establish a process for certification under which the Secretary shall-- ``(I) publish in the Federal Register notice of intent to certify a State agency and provide a 30-day period for public comment; ``(II) evaluate the public comments received and, in accordance with paragraph (3), conduct an investigation to determine whether the State agency is qualified; ``(III) make findings based on the public comments received and investigation conducted; and ``(IV) publish in the Federal Register a notice announcing whether the certification has been granted and describing the basis on which the Secretary made the decision. ``(C) State agency requirements.-- ``(i) In general.--If a State agency that has been delegated authority under this paragraph intends to temporarily discontinue official inspection or weighing services for any reason, except in the case of a major disaster, the State agency shall notify the Secretary in writing of the intention of the State agency to do so at least 72 hours in advance of the discontinuation date. ``(ii) Secretarial consideration.--The Secretary shall consider receipt of a notice described in clause (i) as a factor in administering the delegation of authority under this paragraph.''. (2) Consultation.--Section 7(f)(1) of the United States Grain Standards Act (7 U.S.C. 79(f)(1)) is amended-- (A) in subparagraph (A)(xi), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) the Secretary-- ``(i) periodically conducts a consultation with the customers of the applicant, in a manner that provides opportunity for protection of the identity of the customer if desired by the customer, to review the performance of the applicant with regard to the provision of official inspection services and other requirements of this Act; and ``(ii) works with the applicant to address any concerns identified during the consultation process.''. (3) Duration of designation authority.--Section 7(g)(1) of the United States Grain Standards Act (7 U.S.C. 79(g)(1)) is amended by striking ``triennially'' and inserting ``every 5 years''. (4) Fees.--Section 7(j) of the United States Grain Standards Act (7 U.S.C. 79(j)(1)) is amended-- (A) by striking ``(j)(1) The Secretary'' and inserting the following: ``(j) Fees.-- ``(1) Inspection fees.-- ``(A) In general.--The Secretary''; (B) in paragraph (1)-- (i) the second sentence, by striking ``The fees'' and inserting the following: ``(B) Amount of fees.--The fees''; (ii) in the third sentence, by striking ``Such fees'' and inserting the following: ``(C) Use of fees.--Fees described in this paragraph''; and (iii) by adding at the end the following: ``(D) Export tonnage fees.--For an official inspection at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5-year average of export tonnage volumes.''; (C) by redesignating paragraph (4) as paragraph (5); (D) by inserting after paragraph (3) the following: ``(4) Adjustment of fees.--In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually.''; and (E) in paragraph (5) (as redesignated by subparagraph (C)), in the first sentence, by striking ``2015'' and inserting ``2020''. (c) Weighing Authority.--Section 7A of the United States Grain Standards Act (7 U.S.C. 79a) is amended-- (1) in subsection (c)(2), in the last sentence, by striking ``subsection (g) of section 7'' and inserting ``subsections (e) and (g) of section 7''; and (2) in subsection (l)-- (A) by striking ``(l)(1) The Secretary'' and inserting the following: ``(l) Fees.-- ``(1) Weighing fees.-- ``(A) In general.--The Secretary''; (B) in paragraph (1)-- (i) the second sentence, by striking ``The fees'' and inserting the following: ``(B) Amount of fees.--The fees''; (ii) in the third sentence, by striking ``Such fees'' and inserting the following: ``(C) Use of fees.--Fees described in this paragraph''; and (iii) by adding at the end the following: ``(D) Export tonnage fees.--For an official weighing at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5-year average of export tonnage volumes.''; (C) by redesignating paragraph (3) as paragraph (4); (D) by inserting after paragraph (2) the following: ``(3) Adjustment of fees.--In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually.''; and (E) in paragraph (4) (as redesignated by subparagraph (C)), in the first sentence, by striking ``2015'' and inserting ``2020''. (d) Limitation and Administrative and Supervisory Costs.--Section 7D of the United States Grain Standards Act (7 U.S.C. 79d) is amended by striking ``2015'' and inserting ``2020''. (e) Issuance of Authorization.--Section 8(b) of the United States Grain Standards Act (7 U.S.C. 84(b)) is amended by striking ``triennially'' and inserting ``every 5 years''. (f) Appropriations.--Section 19 of the United States Grain Standards Act (7 U.S.C. 87h) is amended by striking ``2015'' and inserting ``2020''. (g) Advisory Committee.--Section 21(e) of the United States Grain Standards Act (7 U.S.C. 87j(e)) is amended by striking ``2015'' and inserting ``2020''. SEC. 3. REPORT ON DISRUPTION IN FEDERAL INSPECTION OF GRAIN EXPORTS. Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the Senate, and the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives a report that describes-- (1) the specific factors that led to disruption in Federal inspection of grain exports at the Port of Vancouver in the summer of 2014; (2) any factors that contributed to the disruption referred to in paragraph (1) that were unique to the Port of Vancouver, including a description of the port facility, security needs and available resources for that purpose, and any other significant factors as determined by the Secretary; and (3) any changes in policy that the Secretary has implemented to ensure that a similar disruption in Federal inspection of grain exports at the Port of Vancouver or any other location does not occur in the future. SEC. 4. REPORT ON POLICY BARRIERS TO GRAIN PRODUCERS. Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the United States Trade Representative, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that describes-- (1) the policy barriers to United States grain producers in countries the grain of which receives official grading in the United States but which do not offer official grading for United States grain or provide only the lowest designation for United States grain, including an analysis of possible inconsistencies with trade obligations; and (2) any actions the Executive Branch is taking to remedy the policy barriers so as to put United States grain producers on equal footing with grain producers in countries imposing the barriers.", "summary": ". United States Grain Standards Act Reauthorization Act of 2015 This bill reauthorizes and amends provisions of the United States Grain Standards Act. The Act authorizes the Department of Agriculture (USDA) to establish official marketing standards for grains, and to provide procedures for grain inspection and weighing. The bill reauthorizes several expiring provisions through FY2020, establishes procedures in the event of an interruption of inspection and weighing services, revises the process for delegating inspections to state agencies, and revises fees for inspection and weighing services. (Sec. 2) The bill provides that transfers of grain into an export elevator by any mode of transportation are not required to be officially weighed. In the case of a disruption in official grain inspection or weighing services, the bill requires USDA to immediately take the actions necessary to address the disruption and resume services. USDA must also report to Congress on the disruption and provide daily updates until services have resumed. The bill ends the permanent delegation to state agencies to carry out export inspection and weighing services. Every five years, USDA must certify that each state agency with a delegation of authority is meeting specified criteria. The certification process must include public notice and a comment period. State agencies that have been delegated authority and intend to temporarily discontinue official inspection or weighing services, except in the case of a major disaster, must notify USDA in advance. In order to review the performance of states, local agencies, and individuals that have applied to perform official inspections other than at export port locations, USDA must periodically consult with customers of the applicant and work with the applicant to address any concerns. The bill extends the duration of licenses for inspectors from three to five years. Designations of official agencies terminate at a time specified by USDA that is no later than every five years. The bill changes the fee calculation for inspection and weighing services and extends the authority to collect fees through FY2020. The bill extends the limitation on total administrative and supervisory costs, the authorization of appropriations, and the authorization of the advisory committee through FY2020. (Sec. 3) USDA must report to Congress on the disruption in federal inspection of grain exports at the Port of Vancouver in the summer of 2014. The report must include factors that led or contributed to the disruption and changes in policy USDA has implemented to ensure that a similar disruptions does not occur in the future. (Sec. 4) USDA must report to Congress on policy barriers to U.S. grain producers in countries that: (1) produce grain that receives official grading in the United States, and (2) do not offer official grading for U.S. grain or provide only the lowest designation for U.S. grain."}
{"article": "SECTION 1. AUTHORIZATIONS OF APPROPRIATIONS FOR UNITED STATES CUSTOMS SERVICE AND IMMIGRATION AND NATURALIZATION SERVICE. (a) In General.-- (1) Customs service.--In order to enhance border investigative resources on the Southwest border, enhance investigative resources for anticorruption efforts, intensify efforts against drug smuggling and money-laundering organizations, process cargo, reduce commercial and passenger traffic waiting times, and open all primary lanes during peak hours at certain ports on the Southwest and Northern borders, in addition to any other amount appropriated, there are authorized to be appropriated for salaries, expenses, and equipment for the United States Customs Service for purposes of carrying out this section-- (A) $161,248,584 for fiscal year 1999; (B) $185,751,328 for fiscal year 2000; and (C) such sums as may be necessary in each fiscal year thereafter. (2) INS.--In order to enhance enforcement and inspection resources on the Southwest land border of the United States, enhance investigative resources for anticorruption efforts and efforts against drug smuggling and money-laundering organizations, process cargo, reduce commercial and passenger traffic waiting times, and open all primary lanes during peak hours at major land border ports of entry on the Southwest and Northern land borders of the United States, in addition to any other amounts appropriated, there are authorized to be appropriated for salaries, expenses, and equipment for the Immigration and Naturalization Service for purposes of carrying out this section-- (A) $113,604,000 for fiscal year 1999; (B) $121,064,000 for fiscal year 2000; and (C) such sums as may be necessary in each fiscal year thereafter. (b) Fiscal Year 1999.-- (1) Customs service.--Of the amounts authorized to be appropriated under subsection (a)(1)(A) for fiscal year 1999 for the United States Customs Service, $48,404,000 shall be available until expended for acquisition and other expenses associated with implementation and full deployment of narcotics enforcement and cargo processing technology along the Southwest border, including-- (A) $6,000,000 for 8 Vehicle and Container Inspection Systems (VACIS); (B) $11,000,000 for 5 mobile truck x-rays with transmission and backscatter imaging; (C) $12,000,000 for the upgrade of 8 fixed-site truck x-rays from the present energy level of 450,000 electron volts to 1,000,000 electron volts (1-MeV); (D) $7,200,000 for 8 1-MeV pallet x-rays; (E) $1,000,000 for 200 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate; (F) $600,000 for 50 contraband detection kits to be distributed among all Southwest border ports based on traffic volume; (G) $500,000 for 25 ultrasonic container inspection units to be distributed among all ports receiving liquid-filled cargo and to ports with a hazardous material inspection facility; (H) $2,450,000 for 7 automated targeting systems; (I) $360,000 for 30 rapid tire deflator systems to be distributed to those ports where port runners are a threat; (J) $480,000 for 20 Portable Treasury Enforcement Communications System (TECS) terminals to be moved among ports as needed; (K) $1,000,000 for 20 remote watch surveillance camera systems at ports where there are suspicious activities at loading docks, vehicle queues, secondary inspection lanes, or areas where visual surveillance or observation is obscured; (L) $1,254,000 for 57 weigh-in-motion sensors to be distributed among the ports with the greatest volume of outbound traffic; (M) $180,000 for 36 AM radio ``Welcome to the United States'' stations, with 1 station to be located at each border crossing; (N) $1,040,000 for 260 inbound vehicle counters to be installed at every inbound vehicle lane; (O) $950,000 for 38 spotter camera systems to counter the surveillance of Customs inspection activities by persons outside the boundaries of ports where such surveillance activities are occurring; (P) $390,000 for 60 inbound commercial truck transponders to be distributed to all ports of entry; (Q) $1,600,000 for 40 narcotics vapor and particle detectors to be distributed to each border crossing; and (R) $400,000 for license plate reader automatic targeting software to be installed at each port to target inbound vehicles. (2) INS.--Of the amounts authorized to be appropriated under subsection (a)(2)(A) for fiscal year 1999 for the Immigration and Naturalization Service, $15,090,000 shall be available until expended for acquisition and other expenses associated with implementation and full deployment of narcotics enforcement and cargo processing technology along the Southwest land border of the United States, including-- (A) $11,000,000 for 5 mobile truck x-rays with transmission and backscatter imaging to be distributed to border patrol checkpoints; (B) $200,000 for 10 ultrasonic container inspection units to be distributed to border patrol checkpoints; (C) $240,000 for 10 Portable Treasury Enforcement Communications System (TECS) terminals to be distributed to border patrol checkpoints; (D) $1,000,000 for 20 remote watch surveillance camera systems to be distributed to border patrol checkpoints; (E) $175,000 for 35 AM radio ``Welcome to the United States'' stations, with 1 station to be located at each permanent border patrol checkpoint; (F) $875,000 for 35 spotter camera systems, with 1 system to be located at each permanent border patrol checkpoint; and (G) $1,600,000 for 40 narcotics vapor and particle detectors to be distributed to border patrol checkpoints. (c) Fiscal Year 2000 and Thereafter.-- (1) Customs service.--Of the amounts authorized to be appropriated under subparagraphs (B) and (C) of subsection (a)(1) for the United States Customs Service for fiscal year 2000 and each fiscal year thereafter, $4,840,400 shall be for the maintenance and support of the equipment and training of personnel to maintain and support the equipment described in subsection (b)(1), based on an estimate of 10 percent of the cost of such equipment. (2) INS.--Of the amounts authorized to be appropriated under subparagraphs (B) and (C) of subsection (a)(2) for the Immigration and Naturalization Service for fiscal year 2000 and each fiscal year thereafter, $1,509,000 shall be for the maintenance and support of the equipment and training of personnel to maintain and support the equipment described in subsection (b)(2), based on an estimate of 10 percent of the cost of such equipment. (d) New Technologies; Use of Funds.-- (1) In general.--The Commissioner of Customs may use the amounts authorized to be appropriated for equipment under this section for equipment other than the equipment specified in subsection (b)(1) if such other equipment-- (A)(i) is technologically superior to the equipment specified in subsection (b)(1); and (ii) will achieve at least the same results at a cost that is the same or less than the equipment specified in subsection (b)(1); or (B) can be obtained at a lower cost than the equipment authorized in subparagraphs (A) through (R) of such subsection. (2) Transfer of funds.--Notwithstanding any other provision of this section, the Commissioner of Customs may reallocate an amount not to exceed 10 percent of the amount specified in any of subparagraphs (A) through (R) of subsection (b)(1) for equipment specified in any other of such subparagraphs (A) through (R). (3) INS.--With respect to the amounts and equipment specified in subsection (b)(2), the Attorney General shall have the same authority as is granted the Commissioner of Customs by paragraphs (1) and (2) with respect to the amounts and equipment specified in subsection (b)(1). (e) Peak Hours and Investigative Resource Enhancement.-- (1) Customs service.--Of the amounts authorized to be appropriated under subsection (a)(1) for fiscal years 1999 and 2000, $112,844,584 in fiscal year 1999 and $180,910,928 for fiscal year 2000 shall be for-- (A) a net increase of 535 inspectors and 60 special agents for the Southwest border and 375 inspectors for the Northern border, in order to open all primary lanes on the Southwest and Northern borders during peak hours and enhance investigative resources; (B) a net increase of 285 inspectors and canine enforcement officers to be distributed at large cargo facilities as needed to process and screen cargo (including rail cargo) and reduce commercial waiting times on the Southwest border; (C) a net increase of 360 special agents, 40 intelligence analysts, and additional resources to be distributed among offices that have jurisdiction over major metropolitan drug or narcotics distribution and transportation centers for intensification of efforts against drug smuggling and money-laundering organizations; (D) a net increase of 50 positions and additional resources to the Office of Internal Affairs to enhance investigative resources for anticorruption efforts; and (E) the costs incurred as a result of the increase in personnel hired pursuant to this section. (2) INS.--Of the amounts authorized to be appropriated under subsection (a)(2) for fiscal years 1999 and 2000, $98,514,000 in fiscal year 1999 and $119,555,000 for fiscal year 2000 shall be for-- (A) a net increase of 535 inspectors for the Southwest land border and 375 inspectors for the Northern land border, in order to open all primary lanes on the Southwest and Northern borders during peak hours and enhance investigative resources; (B) a net increase of 100 inspectors and canine enforcement officers for border patrol checkpoints; (C) 100 canine enforcement vehicles to be used by the Border Patrol for inspection and enforcement, and to reduce waiting times, at the Southwest land border of the United States; (D) a net increase of 40 intelligence analysts and additional resources to be distributed among border patrol sectors that have jurisdiction over major metropolitan drug or narcotics distribution and transportation centers for intensification of efforts against drug smuggling and money-laundering organizations; (E) a net increase of 50 positions and additional resources to the Office of the Inspector General of the Department of Justice to enhance investigative resources for anticorruption efforts; and (F) the costs incurred as a result of the increase in personnel hired pursuant to this section.", "summary": "Authorizes additional appropriations for personnel and equipment for the United States Customs Service and the Immigration and Naturalization Service."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Seniors' Medicare Choices from Obamacare Act of 2014''. SEC. 2. ELIMINATING PPACA ENHANCED MEDICAID FMAP FOR PRISONERS AND APPLYING SAVINGS TO MEDICARE ADVANTAGE IMPROVEMENT FUND. (a) Elimination of PPACA Enhanced Medicaid FMAP for Prisoners.-- (1) In general.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (A) in subsection (y)(2)(A), by adding at the end the following: ``Such term does not include an individual described in such subparagraph during the period in which the individual is an inmate in a public institution or in which the public institution maintains jurisdiction over the individual.''; and (B) in subsection (z)(1)(A), by inserting before the period at the end the following: ``and who are not inmates of a public institution (or individuals over whom a public institution maintains jurisdiction)''. (2) Effective date.--The amendments made by paragraph (1) shall apply to items and services furnished on or after January 1, 2015. (b) Application of Savings to 2015 to Establishment of 2015 Medicare Advantage Stabilization Program.--Section 1859 of the Social Security Act (42 U.S.C. 1395w-28) is amended by adding at the end the following new subsection: ``(h) 2015 Medicare Advantage Stabilization Program.-- ``(1) Establishment.--There is established a Medicare Advantage stabilization program (in this subsection referred to as the `stabilization program') under which the Secretary shall, subject to paragraph (6), provide a PMPM stabilization funding amount to each eligible Medicare Advantage plan in accordance with this subsection to be used by such plan for plan year 2015 to address the beneficiary plan inadequacies applicable to such plan (as described in paragraph (5)). ``(2) Eligible medicare advantage plans.--For purposes of this subsection, an eligible Medicare Advantage plan is a Medicare Advantage plan to be offered for plan year 2015 that the Secretary determines, based on the bid of such plan submitted under section 1854 for such plan year, satisfies at least one of the following criteria: ``(A) Increased beneficiary costs.--The total costs (including premiums, cost-sharing responsibilities, and deductibles) projected to be applicable to individuals who enroll in such plan for such plan year are at least 7 percent more than the such total costs that were applicable to individuals enrolled in such plan for plan year 2014. ``(B) Decreased supplemental benefits.--The supplemental benefits to be offered under such plan for such plan year 2015 are less than the supplemental benefits offered under such plan for plan year 2014. ``(C) Decreased provider network.--The number of physicians in the plan's network has been reduced by 3 percent or more from plan year 2014 to plan year 2015. ``(3) Distribution of pmpm stabilization funding amounts.-- ``(A) In general.--Subject to the availability of funds under paragraph (6), under the stabilization program, the Secretary shall distribute, not later than December 31, 2014, to each eligible Medicare Advantage plan a PMPM stabilization funding amount, as determined by the Secretary in accordance with subparagraph (B). ``(B) PMPM stabilization funding amount.--A PMPM stabilization funding amount, with respect to an eligible Medicare Advantage plan, shall be determined in accordance with the following: ``(i) Such amount shall be an amount, with respect to each month of plan year 2015, for each individual projected to be enrolled in such plan for such plan year. ``(ii) Subject to paragraph (6) and clause (iii), such amount shall be an amount determined by the Secretary to be sufficient for such plan to address for plan year 2015 each beneficiary plan inadequacy specified in paragraph (4) applicable to such plan. ``(iii) Such amount shall not be more than $85 per member per month. ``(4) Timing of determinations.--Under the stabilization program, the Secretary shall determine which Medicare Advantage plans are eligible Medicare Advantage plans under paragraph (2), and the PMPM stabilization funding amount to be distributed to each such eligible Medicare Advantage plan under paragraph (3), by not later than October 15, 2014. ``(5) Applicable beneficiary plan inadequacies.--For purposes of this subsection, a beneficiary plan inadequacy applicable to an eligible Medicare Advantage plan is each of the criteria described in paragraph (2) that the Secretary determined the plan satisfied for qualifying as such an eligible Medicare Advantage plan. ``(6) Funding.-- ``(A) In general.--There shall be available to the Secretary from amounts in the general fund in the Treasury not otherwise appropriated an amount, not to exceed $3,000,000,000, to carry out this subsection. Such amounts shall remain so available until December 31, 2015. Any amounts made so available but not expended on or before such date shall be transferred to the general fund in the Treasury. ``(B) Clarification.--Payments under the stabilization program shall not be taken into account for purposes of determining the premium payments applicable under part B.''.", "summary": "Protecting Seniors' Medicare Choices from Obamacare Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to eliminate the increased Medicaid federal medical assistance percentage (FMAP, or federal matching amount) for prisoners with respect to their hospital care under the Patient Protection and Affordable Care Act. Amends SSA title XVIII (Medicare) part C (Medicare+Choice) to establish a Medicare Advantage (MA) stabilization program under which the Secretary of Health and Human Services (HHS) shall distribute a stabilization funding amount to each eligible MA plan for plan year 2015 to address any beneficiary plan inadequacies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hygiene Assistance for Families of Infants and Toddlers Act of 2017''. SEC. 2. IMPROVING OPPORTUNITY DIAPER DISTRIBUTION DEMONSTRATION PROJECT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-7. DIAPER DISTRIBUTION DEMONSTRATION PROJECT. ``(a) In General.--The Secretary, acting through the Administration for Children and Families, shall make grants to eligible entities to conduct demonstration projects that implement and evaluate strategies to help families with eligible children to address the diapering needs of such children. ``(b) Use of Funds.--Amounts provided through a grant under this section shall be used to-- ``(1) fund diaper distribution demonstration projects that will reduce the substantial cost of diapers and diapering supplies by making diapers and diapering supplies available to low-income families; ``(2) evaluate the effects of such demonstration projects on mitigating health risks, including diaper dermatitis, urinary tract infections, and increased rates of parental and child depression and anxiety, that can arise when low-income families do not have an adequate supply of diapers for infants and toddlers; and ``(3) integrate the diaper distribution demonstration projects with other assistance programs serving families with eligible children. ``(c) Application.--An entity desiring a grant under this section shall submit to the Secretary an application that includes such information as the Secretary may require to ensure a likelihood of success in achieving the purposes of the grant listed in subsection (b). ``(d) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State or local governmental entity; ``(2) an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act); or ``(3) a nonprofit organization as described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. ``(e) No Effect on Other Programs.--Any assistance or benefits provided to a family pursuant to a grant under this section shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under-- ``(1) any other Federal needs-based program; or ``(2) in the case of a grant under this section to a State, any State-funded, needs-based program that is financed in whole or in part with Federal funds. ``(f) Reports.--As a condition of receiving a grant under this section for a fiscal year, an entity shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies-- ``(1) the number of children and the number of families receiving assistance under the diaper distribution demonstration projects funded through such grant for each month of the fiscal year; ``(2) the number of diapers, and the number of each type of diapering supply distributed through such projects for each month of the fiscal year; ``(3) the method or methods the entity uses to distribute diapers and diapering supplies through such projects; and ``(4) such other information as the Secretary may require. ``(g) Evaluation.--The Secretary, in consultation with each entity that receives a grant under this section, shall-- ``(1) not later than September 30, 2019-- ``(A) complete an evaluation of the effectiveness of the diaper distribution demonstration projects carried out pursuant to this section; ``(B) submit to the relevant congressional committees a report on the results of such evaluation; and ``(C) publish the results of the evaluation on the Internet Web site of the Department of Health and Human Services; and ``(2)(A) not later than September 30, 2022, update the evaluation described in paragraph (1)(A); and ``(B) not later than 90 days after completion of the updated evaluation under subparagraph (B)-- ``(i) submit to the relevant congressional committees a report describing the results of such evaluation; and ``(ii) update the Web site described in paragraph (1)(C) to include the results of such evaluation. ``(h) Definitions.--In this section: ``(1) The term `diaper' means an absorbent garment that is washable or disposable that is worn by a child who is not toilet-trained. ``(2) The term `diapering supplies' means items, including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash. ``(3) The term `eligible child' means a child who-- ``(A) is not toilet-trained; ``(B) has not attained 4 years of age, unless the entity determines that the child has a substantial physical or mental impairment that requires the child to wear diapers; and ``(C) is a member of a family whose income is not more than 130 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved. ``(4) The term `toilet-trained' means able and willing to use a toilet consistently such that diapers are not necessary on a daily basis. ``(i) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated for each of fiscal years 2018 through 2022, $25,000,000. ``(2) Availability of funds.--Funds provided to an entity under this section for a fiscal year may be expended only in the fiscal year or the succeeding fiscal year.''.", "summary": "Hygiene Assistance for Families of Infants and Toddlers Act of 2017 This bill amends the Public Health Service Act to direct the Administration for Children and Familes of the Department of Health and Human Services to award grants to states or local governments, Indian tribes or tribal organizations, or nonprofit organizations to conduct demonstration projects to help low-income families address the diapering needs of their children."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Block Access to North Korea Act of 2016'' or ``BANK Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) North Korea continues to develop a ballistic missile and nuclear weapons program, despite numerous United States and international sanctions, including United Nations Security Council Resolutions 1695, 1718, 1874, 2087, 2094, and 2270, among others. (2) North Korea tested its fifth and largest nuclear device on September 9, 2016. (3) North Korea has increased the pace of its missile testing, including the test of a submarine-launched ballistic missile, potentially furthering the development of a second- strike capability. (4) North Korea has persistently demonstrated an unwillingness to meaningfully negotiate with the United States regarding denuclearization. (5) By its actions and continued investments in its nuclear program, it is clear that the Government of North Korea has no intention to reduce or eliminate its nuclear weapons program. (6) Specialized financial messaging services allow for messaging and contact, including the transfer of funds, between financial institutions. (7) The Central Bank of the Democratic People's Republic of Korea and certain other financial institutions are currently able to avail themselves to financial messaging systems which could be used in funding the North Korean nuclear program. (8) Experts link North Korea to the hacking of specialized financial messaging institutions, resulting in the theft of $81,000,000 from the central bank of Bangledesh. (9) North Korean provocations continue to endanger its citizens, those of United States allies, and those of Americans. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) providers of specialized financial messaging services are a critical link to the international financial system; (2) directly providing specialized financial messaging services to, or enabling or facilitating direct or indirect access to such messaging services for, any financial institution is inconsistent with paragraph 11 of the United Nations Security Council Resolution 2094; and (3) the United States reaffirms its commitment to its allies in the region, including the Republic of Korea and Japan, which are directly threatened by North Korea. SEC. 4. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO THE PROVISION OF SPECIALIZED FINANCIAL MESSAGING SERVICES TO THE CENTRAL BANK OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA AND CERTAIN OTHER FINANCIAL INSTITUTIONS AND SANCTIONED PERSONS. (a) In General.--The President shall impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to a person if, on or after the date that is 90 days after the date of the enactment of this Act, the person continues to knowingly and directly provide specialized financial messaging services to, or knowingly enable or facilitate direct or indirect access to such messaging services for-- (1) the Central Bank of the Democratic People's Republic of Korea; (2) a financial institution that facilitates any transaction or transactions or provides significant financial services for nuclear development or proliferation for or on behalf of North Korea; or (3) a person identified on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury by reason of assisting the nuclear development or proliferation efforts of North Korea. (b) Waiver.--The President may waive the requirement to impose sanctions with respect to a person under subsection (a) if-- (1) the person is subject to a sanctions regime under its governing foreign law that requires it to eliminate the knowing provision of such messaging services to, and the knowing enabling and facilitation of direct or indirect access to such messaging services for, the Central Bank of the Democratic People's Republic of Korea, any financial institution described in subsection (a)(2), and any person described in subsection (a)(3); (2) the person has, pursuant to that sanctions regime, terminated the knowing provision of such messaging services to, and the knowing enabling and facilitation of direct or indirect access to such messaging services for, the Central Bank of the Democratic People's Republic of Korea, any financial institution described in subsection (a)(2), and any person described in subsection (a)(3); and (3) the President determines that such a waiver is in the national interest of the United States. (c) Clarification.--For purposes of this section, enabling or facilitating direct or indirect access to specialized financial messaging services for the Central Bank of the Democratic People's Republic of Korea, a financial institution described in subsection (a)(2), or a person described in subsection (a)(3) includes doing so by serving as an intermediary financial institution with access to such messaging services.", "summary": "Block Access to North Korea Act of 2016 or BANK Act of 2016 This bill requires the President to impose sanctions pursuant to the International Emergency Economic Powers Act, with specified waiver authority, against a person that continues to knowingly and directly provide specialized financial messaging services to, or to knowingly enable or facilitate access to such messaging services for: the Central Bank of the Democratic People's Republic of Korea (North Korea), a financial institution that facilitates any transaction or provides significant financial services for nuclear development or proliferation on North Korea's behalf, or a person identified on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control for assisting North Korea's nuclear development or proliferation efforts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Department Civil Rights Transparency Act''. SEC. 2. REPORT BY THE SECRETARY OF EDUCATION. Section 203(b) of the Department of Education Organization Act (20 U.S.C. 3413(b)) is amended by adding at the end the following: ``(3) In addition to the requirements under paragraph (1), the report required under such paragraph shall include the following: ``(A) A list of each of the following: ``(i) Each educational institution against which the Department has received, in the preceding year, 1 complaint alleging that the institution has violated a Federal civil rights law. ``(ii) Each educational institution against which the Department has received, in the preceding year, more than 1 such complaint. ``(iii) Each educational institution against which the Department has received, in the preceding 5 years, more than 3 such complaints. ``(iv) Each educational institution that, during the preceding year, was under investigation by the Department for such a complaint. ``(v) Each educational institution against which the Department has received, in the preceding year, such a complaint for which the Department has not commenced an investigation, and which the Department has not dismissed. ``(vi) Each educational institution against which the Department has received, in the preceding year, such a complaint for which the Department has dismissed without commencing an investigation. ``(B) The list of educational institutions described in subparagraph (A) shall be disaggregated by-- ``(i) each Federal civil rights law that the complaint alleges has been violated by each such institution; ``(ii) type of educational institution; and ``(iii) whether the complaint filed against each such institution was processed by the Department as a systemic or as a class-action complaint. ``(C) The list of educational institutions under subparagraph (A) shall include-- ``(i) the date on which the complaint was filed against each such institution; and ``(ii) the status of the complaint. ``(D) In addition to the requirements of subparagraphs (B) and (C), the list of institutions described in subparagraph (A)(vi) shall include-- ``(i) the procedural or administrative reason for which the complaint was dismissed, including-- ``(I) whether the complaint failed to allege-- ``(aa) a violation of Federal law for which the Department has administrative responsibility or subject matter jurisdiction; or ``(bb) a violation against an educational institution for which the Department has administrative responsibility or personal jurisdiction; and ``(II) whether the complainant failed to submit a consent form; and ``(III) whether the Department offered the complainant an opportunity to correct the procedural or administrative error prior to dismissing the complaint. ``(E) Any resolution agreement or letter between the Department and an educational institution against which a complaint described in paragraph (1) has been filed, which settled the Department's investigation of such complaint. ``(F) Any corrective action levied or remedy obtained for the preceding year against an educational institution for a violation of Federal civil rights law pursuant to a resolution agreement or letter, or other findings document, the status of such corrective actions, and whether the Department is considering extending such corrective actions. ``(G) With respect to each complaint described in subparagraph (A)(vi) which the Department dismissed because the Department lacks the administrative responsibility, or subject matter or personal jurisdiction, for the Federal law that the complaint alleges to have been violated or the educational institution against which the complaint was filed-- ``(i) a list of each such educational institution and each such Federal law; and ``(ii) recommendations on whether Federal legislation is necessary for the Department to address the complaints described in this paragraph. ``(H) With respect to each educational institution against which a complaint described in subparagraph (A) has been filed that the Department investigated and found insufficient evidence to support a finding of a Federal civil rights law violation, a report explaining the basis for such decision. ``(I) With respect to each educational institution that has had a resolution agreement or corrective action that the Department has determined does not need to be extended, a report on the basis for the decision and how such institution improved with respect to compliance with Federal civil rights laws. ``(J) In a case in which a decision by the Department to not pursue a complaint or investigation relating to an alleged violation of a Federal civil rights law was due to the resource constraints of the Department for the preceding year, a description of which resources the Department needs to fully and expeditiously investigate each such complaint received by the Department. ``(K) Any changes made, in the preceding year, to the case processing manual of the Office for Civil Rights of the Department. ``(4) In paragraph (4): ``(A) Complaint.-- ``(i) In general.--The term `complaint' means a written statement to the Department alleging that the rights of one or more persons have been violated and requesting that the Department take action. ``(ii) Exclusions.--The term `complaint' does not include oral allegations that are not reduced to writing, anonymous correspondence, courtesy copies of correspondence or a complaint filed with or otherwise submitted to another person or other entity, or inquiries that seek advice or information but do not seek action or intervention from the Department. ``(B) Educational institution.--The term `educational institution' has the meaning given the term in section 901(c) of the Education Amendments of 1972 (20 U.S.C. 1681(c)). ``(C) Federal civil rights law.--The term `Federal civil rights law' includes-- ``(i) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); ``(ii) the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.); ``(iii) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); ``(iv) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); ``(v) the Boy Scouts of America Equal Access Act (20 U.S.C. 7905); ``(vi) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); and ``(vii) any other law for which the Office for Civil Rights of the Department of Education has administrative responsibility.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the Secretary of Education should protect any personally identifying information of an individual named in a complaint or other document, which may be subject to public release under paragraph (3) of section 203(b) of the Department of Education Organization Act (20 U.S.C. 3413(b)), as added by this Act.", "summary": "Education Department Civil Rights Transparency Act This bill amends the Department of Education Organization Act to require the Office for Civil Rights of the Department of Education (ED) to include in an annual report to ED, the President, and Congress specified information regarding federal civil rights violations by educational institutions."}
{"article": "That the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2017, and for other purposes, namely: TITLE I--CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2017 Sec. 101. (a) Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2016 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this title, that were conducted in fiscal year 2016, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: (1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016 (division A of Public Law 114-113). (2) The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016 (division B of Public Law 114-113). (3) The Department of Defense Appropriations Act, 2016 (division C of Public Law 114-113). (4) The Energy and Water Development and Related Agencies Appropriations Act, 2016 (division D of Public Law 114-113). (5) The Financial Services and General Government Appropriations Act, 2016 (division E of Public Law 114-113). (6) The Department of Homeland Security Appropriations Act, 2016 (division F of Public Law 114-113). (7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016 (division G of Public Law 114-113). (8) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2016 (division H of Public Law 114-113). (9) The Legislative Branch Appropriations Act, 2016 (division I of Public Law 114-113). (10) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (division K of Public Law 114-113), except title IX. (11) The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016 (division L of Public Law 114-113). (b)(1) The rate for operations provided by subsection (a) in the revised security category (as defined in section 250(c)(4)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985) is hereby adjusted by the percentage necessary to achieve a rate for operations in such category equal to the excess of $548,091,000,000 over the total amount made available in such category pursuant to section 201. (2) The rate for operations provided by subsection (a) in the revised nonsecurity category (as defined in section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985) is hereby adjusted by the percentage necessary to achieve a rate for operations in such category equal to the excess of $518,491,000,000 over the total amount made available in such category pursuant to section 201. Sec. 102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: (1) the new production of items not funded for production in fiscal year 2016 or prior years; (2) the increase in production rates above those sustained with fiscal year 2016 funds; or (3) the initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any investment items defined as a P-1 line item in a budget activity within an appropriation account and an R-1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 2016. (b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later. Sec. 103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act. Sec. 104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2016. Sec. 105. Appropriations made and authority granted pursuant to this title shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this title. Sec. 106. Unless otherwise provided for in this title or in the applicable appropriations Act for fiscal year 2017, appropriations and funds made available and authority granted pursuant to this title shall be available until whichever of the following first occurs: (1) the enactment into law of an appropriation for any project or activity provided for in this title; (2) the enactment into law of the applicable appropriations Act for fiscal year 2017 without any provision for such project or activity; or (3) December 9, 2016. Sec. 107. Expenditures made pursuant to this title shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. Sec. 108. Appropriations made and funds made available by or authority granted pursuant to this title may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this title may be construed to waive any other provision of law governing the apportionment of funds. Sec. 109. Notwithstanding any other provision of this title, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2017 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this title that would impinge on final funding prerogatives. Sec. 110. This title shall be implemented so that only the most limited funding action of that permitted in the title shall be taken in order to provide for continuation of projects and activities. TITLE II--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 AND ZIKA RESPONSE AND PREPAREDNESS ACT SEC. 201. ENACTMENT BY REFERENCE. (a) In General.--The provisions of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 and Zika Response and Preparedness Act, as printed in the Conference Report accompanying H.R. 2577 (H. Rept. 114-640), are hereby enacted into law. (b) Publication.--In publishing the Act in slip form and in the United States Statutes at Large pursuant to section 112, of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bill referred to in subsection (a) of this section. TITLE III--ENSURING VETTING OF REFUGEES TO KEEP AMERICANS SAFE SEC. 301. SHORT TITLE. This title may be cited as the ``American Security Against Foreign Enemies Act of 2015'' or as the ``American SAFE Act of 2015''. SEC. 302. REVIEW OF REFUGEES TO IDENTIFY SECURITY THREATS TO THE UNITED STATES. (a) Background Investigation.--In addition to the screening conducted by the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation shall take all actions necessary to ensure that each covered alien receives a thorough background investigation prior to admission as a refugee. A covered alien may not be admitted as a refugee until the Director of the Federal Bureau of Investigation certifies to the Secretary of Homeland Security and the Director of National Intelligence that each covered alien has received a background investigation that is sufficient to determine whether the covered alien is a threat to the security of the United States. (b) Certification by Unanimous Concurrence.--A covered alien may only be admitted to the United States after the Secretary of Homeland Security, with the unanimous concurrence of the Director of the Federal Bureau of Investigation and the Director of National Intelligence, certifies to the appropriate Congressional Committees that the covered alien is not a threat to the security of the United States. (c) Inspector General Review of Certifications.--The Inspector General of the Department of Homeland Security shall conduct a risk- based review of all certifications made under subsection (b) each year and shall provide an annual report detailing the findings to the appropriate Congressional Committees. (d) Monthly Report.--The Secretary of Homeland Security shall submit to the appropriate Congressional Committees a monthly report on the total number of applications for admission with regard to which a certification under subsection (b) was made and the number of covered aliens with regard to whom such a certification was not made for the month preceding the date of the report. The report shall include, for each covered alien with regard to whom a certification was not made, the concurrence or nonconcurrence of each person whose concurrence was required by subsection (b). (e) Definitions.--In this Act: (1) Covered alien.--The term ``covered alien'' means any alien applying for admission to the United States as a refugee who-- (A) is a national or resident of Iraq or Syria; (B) has no nationality and whose last habitual residence was in Iraq or Syria; or (C) has been present in Iraq or Syria at any time on or after March 1, 2011. (2) Appropriate congressional committee.--The term ``appropriate Congressional Committees'' means-- (A) the Committee on Armed Services of the Senate; (B) the Select Committee on Intelligence of the Senate; (C) the Committee on the Judiciary of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on Foreign Relations of the Senate; (F) the Committee on Appropriations of the Senate; (G) the Committee on Armed Services of the House of Representatives; (H) the Permanent Select Committee on Intelligence of the House of Representatives; (I) the Committee on the Judiciary of the House of Representatives; (J) the Committee on Homeland Security of the House of Representatives; (K) the Committee on Appropriations of the House of Representatives; and (L) the Committee on Foreign Affairs of the House of Representatives. TITLE IV--STOPPING THE INTERNET GIVEAWAY SEC. 401. SHORT TITLE. This title may be cited as the ``Protecting Internet Freedom Act''. SEC. 402. FINDINGS. Congress finds the following: (1) The Department of Commerce and the National Telecommunications and Information Administration (in this section referred to as the ``NTIA'') should be responsible for maintaining the continuity and stability of services related to certain interdependent Internet technical management functions, known collectively as the Internet Assigned Numbers Authority (in this section referred to as the ``IANA''), which includes-- (A) the coordination of the assignment of technical Internet protocol parameters; (B) the administration of certain responsibilities associated with the Internet domain name system root zone management; (C) the allocation of Internet numbering resources; and (D) other services related to the management of the Advanced Research Project Agency and INT top-level domains. (2) The interdependent technical functions described in paragraph (1) were performed on behalf of the Federal Government under a contract between the Defense Advanced Research Projects Agency and the University of Southern California as part of a research project known as the Tera-node Network Technology project. As the Tera-node Network Technology project neared completion and the contract neared expiration in 1999, the Federal Government recognized the need for the continued performance of the IANA functions as vital to the stability and correct functioning of the Internet. (3) The NTIA may use its contract authority to maintain the continuity and stability of services related to the IANA functions. (4) If the NTIA uses its contract authority, the contractor, in the performance of its duties, must have or develop a close constructive working relationship with all interested and affected parties to ensure quality and satisfactory performance of the IANA functions. The interested and affected parties include-- (A) the multistakeholder, private sector-led, bottom-up policy development model for the domain name system that the Internet Corporation for Assigned Names and Numbers represents; (B) the Internet Engineering Task Force and the Internet Architecture Board; (C) Regional Internet Registries; (D) top-level domain operators and managers, such as country codes and generic; (E) governments; and (F) the Internet user community. (5) The IANA functions contract of the Department of Commerce explicitly declares that ``[a]ll deliverables provided under this contract become the property of the U.S. Government.''. One of the deliverables is the automated root zone. (6) Former President Bill Clinton's Internet czar Ira Magaziner stated that ``[t]he United States paid for the Internet, the Net was created under its auspices, and most importantly everything [researchers] did was pursuant to government contracts.''. (7) Under section 3 of article IV of the Constitution of the United States, Congress has the exclusive power to ``dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States''. (8) The .gov and .mil top-level domains are the property of the United States Government, and as property, the United States Government should have the exclusive control and use of those domains in perpetuity. SEC. 403. MAINTAINING THE IANA FUNCTIONS CONTRACT. The Assistant Secretary of Commerce for Communications and Information may not allow the responsibility of the National Telecommunications and Information Administration with respect to the Internet domain name system functions, including responsibility with respect to the authoritative root zone file and the performance of the Internet Assigned Numbers Authority functions, to terminate, lapse, expire, be canceled, or otherwise cease to be in effect unless a Federal statute enacted after the date of enactment of this title expressly grants the Assistant Secretary such authority. SEC. 404. EXCLUSIVE UNITED STATES GOVERNMENT OWNERSHIP AND CONTROL OF .GOV AND .MIL DOMAINS. Not later than 60 days after the date of enactment of this title, the Assistant Secretary of Commerce for Communications and Information shall provide to Congress a written certification that the United States Government has-- (1) secured sole ownership of the .gov and .mil top-level domains; and (2) entered into a contract with the Internet Corporation for Assigned Names and Numbers that provides that the United States Government has exclusive control and use of those domains in perpetuity.", "summary": "This bill provides continuing FY2017 appropriations to most federal agencies until the earlier of December 9, 2016, or the enactment of the applicable appropriations legislation. It prevents a government shutdown that would otherwise occur when FY2017 begins on October 1, 2016, because the FY2017 appropriations bills that fund the federal government have not been enacted. The bill specifies the rates of operations for security and nonsecurity programs for the duration of the continuing appropriations. The bill enacts, by reference, the provisions of the conference report for H.R. 2577 (Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 and Zika Response and Preparedness Act). American Security Against Foreign Enemies Act of 2015 or the American SAFE Act of 2015 The Federal Bureau of Investigation, the Department of Homeland Security, and the Director of National Intelligence must take specified actions to ensure that certain aliens from Iraq or Syria receive thorough background investigations and are certified not to be a security threat prior to being admitted to the United States as refugees. Protecting Internet Freedom Act The Department of Commerce may not allow the National Telecommunications and Information Administration's responsibility for Internet domain name system functions to cease unless a federal statute enacted after enactment of this bill expressly grants Commerce the authority. Commerce must certify to Congress that the United States: (1) secured sole ownership of the .gov and .mil top-level domains, and (2) entered into a contract with the Internet Corporation for Assigned Names and Numbers that provides the U.S. government with exclusive control and use of those domains in perpetuity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Name Matching for Enforcement and Security Act of 2001''. SEC. 2. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM WITH NAME MATCHING CAPACITY AND TRAINING. (a) Unified Electronic Data System.--Not later than 18 months after the date of enactment of this Act, the Secretary of State, the Attorney General, the Secretary of the Treasury, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence shall develop and implement a unified electronic data system to provide current and immediate access to information in databases of United States law enforcement agencies and the intelligence community that is relevant to determine whether to issue a visa or to determine the admissibility of an alien to the United States. (b) Name Search Capacity and Support.-- (1) In general.--The unified electronic data system required by subsection (a) shall-- (A) have the capacity to match names even when those names are entered and stored in different fields within the different databases referred to in subsection (a); (B) be searchable on a linguistically sensitive basis; (C) provide adequate user support; (D) be developed in consultation with private sector firms; (E) to the extent practicable, utilize commercially available platforms; and (F) be adjusted and improved, based upon experience with the databases and improvements in the underlying technologies and sciences, on a continuing basis. (2) Linguistically sensitive searches.-- (A) In general.--To satisfy the requirement of paragraph (1)(B), the unified electronic database shall be searchable based on linguistically sensitive algorithms that-- (i) account for variations in name formats and transliterations, including varied spellings and varied separation or combination of name elements, within a particular language; and (ii) incorporate advanced linguistic, mathematical, statistical, and anthropological research and methods. (B) Languages required.--Linguistically sensitive algorithms shall be developed and implemented for no fewer than 4 languages designated as high priorities by the Secretary of State, the Attorney General, and the Director of Central Intelligence. (3) Adequate user support.--To satisfy the requirement of paragraph (1)(C), the unified electronic data system shall provide-- (A) authoritative, easily accessed information about the nature, structure, and likely gender of names in different languages, including at least those languages specified pursuant to paragraph (2)(B); and (B) a means for communication of questions to experts. (4) Interim reports.--Beginning not later than 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary of State, the Attorney General, the Secretary of the Treasury, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence shall submit a report to the appropriate committees of Congress on their progress in implementing each requirement of this section. (5) Reports by intelligence agencies.-- (A) Current standards.--Not later than 60 days after the date of enactment of this Act, the Director of Central Intelligence shall complete the survey and issue the report previously required by section 309(a) of the Intelligence Authorization Act for Fiscal Year 1998 (50 U.S.C. 403-3 note). (B) Guidelines.--Not later than 120 days after the date of enactment of this Act, the Director of Intelligence shall issue the guidelines and submit the copy of those guidelines previously required by section 309(b) of the Intelligence Authorization Act for Fiscal Year 1998 (50 U.S.C. 403-3 note). (6) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this subsection. (c) Consultation Requirement.--In the development and implementation of the data system under this section, the Secretary of State, the Attorney General, the Secretary of the Treasury, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence shall consult with the Director of the Office of Homeland Security, the Foreign Terrorist Tracking Task Force, United States law enforcement agencies, and the intelligence community. (d) Technology Standard.--The data system developed and implemented under this subsection, shall utilize the technology standard established pursuant to section 403(c) of the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. (e) Access to Information in Data System.--Subject to subsection (f), information in the data system under this section shall be readily and easily accessible as follows: (1) To any Foreign Service officer responsible for the issuance of visas. (2) To any Federal agent responsible for determining the admissibility of an alien to the United States. (f) Limitation on Access.--The Secretary of State, the Attorney General, and the Director of Central Intelligence shall establish procedures to restrict access to intelligence information in the data system under this section under circumstances in which such information is not to be disclosed directly to Government officials under subsection (e).", "summary": "Name Matching for Enforcement and Security Act of 2001 - Directs the Secretary of State, the Attorney General, the Secretary of the Treasury, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence (DCI) to develop and implement a unified electronic data system to provide current and immediate access to information in databases of U.S. law enforcement agencies and the intelligence community that is relevant to determine: (1) whether to issue a visa; or (2) the admissibility of an alien to the United States.Sets forth provisions regarding name search capacity and support and languages required. Requires: (1) such officials to consult with the Director of the Office of Homeland Security, the Foreign Terrorist Tracking Task Force, U.S. law enforcement agencies, and the intelligence community; and (2) the system to utilize the technology standard established pursuant to the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001.Directs that system information be readily and easily accessible to any: (1) Foreign Service officer responsible for the issuance of visas; and (2) Federal agent responsible for determining the admissibility of an alien to the United States.Requires the Secretary of State, the Attorney General, and the DCI to establish procedures to restrict access to intelligence information in the system under circumstances in which such information is not to be disclosed directly to Government officials."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reigniting Opportunity for Innovators Act''. SEC. 2. SMALL BUSINESS STARTUP FOUNDER AND EMPLOYEE LOAN DEFERMENT AND CANCELLATION. (a) Deferment Without Interest Accrual for Small Business Startup Founders and Employees.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended by adding at the end the following: ``(5) Deferment without interest accrual for small business startup founders and employees.-- ``(A) In general.--Subject to subparagraph (B), a qualifying small business startup borrower shall be eligible for a deferment, during which periodic installments of principal need not be paid and interest shall not accrue, during any period while the borrower is employed as a founder or full-time employee of a small business startup. ``(B) Limitations.--A qualifying small business startup borrower shall not receive a deferment under this paragraph for any period-- ``(i) in excess of 3 years; or ``(ii) that begins more than 5 years, or ends more than 8 years, after the date the small business startup was established (as determined by the small business development center that approved such borrower under section 21(o)(5) of the Small Business Act (15 U.S.C. 648(o)(5))). ``(C) Definitions.--In this paragraph-- ``(i) the terms `founder', `full-time employee', and `small business startup' have the meanings given the terms in subsection (r)(2); and ``(ii) the term `qualifying small business startup borrower' means a borrower of a loan made under this part whose employment as a small business startup founder or full-time employee is approved by a small business development center under section 21(o)(5) of the Small Business Act (15 U.S.C. 648(o)(5)).''. (b) Loan Cancellation.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Cancellation for Founders and Employees of Small Business Startups in Distressed Areas.-- ``(1) Loan cancellation.-- ``(A) In general.--The Secretary shall cancel the balance of interest and principal due, subject to subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) at the time of such cancellation, is employed as a founder or full-time employee of a small business startup in a distressed area who-- ``(I) has been approved for loan cancellation by a small business development center under section 21(o)(6) of the Small Business Act (15 U.S.C. 648(o)(6)); and ``(II) began such employment during the 5-year period beginning on the date that the small business startup was established (as determined by such small business development center); and ``(ii) during the time period for which the borrower has been approved by the small business development center, which in no case shall be more than 10 years after the date on which the small business startup was established, has made 24 monthly payments on the eligible Federal Direct Loan pursuant to any repayment plan under subsection (d)(1) or a combination of such plans while so employed. ``(B) Loan cancellation maximum.--The Secretary shall cancel under this subsection not more than an aggregate of $20,000 of the loan obligation on the eligible Federal Direct Loans of a borrower. ``(C) Timing requirements.--Each of the 24 monthly payments required under this subsection shall be made after the date of enactment of this subsection. ``(D) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(i) subsection (m); or ``(ii) section 428J, 428K, 428L, or 460. ``(2) Definitions.--In this subsection: ``(A) Distressed area.--The term `distressed area' has the meaning given the term in section 21(o)(1) of the Small Business Act (15 U.S.C. 648(o)(1)). ``(B) Eligible federal direct loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. ``(C) Founder; full-time employee.--The terms `founder' and `full-time employee' have the meanings given the terms in section 21(o)(1) of the Small Business Act (15 U.S.C. 648(o)(1)). ``(D) Small business startup.--The term `small business startup' means a business that is certified by a small business development center under section 21(o)(3) of the Small Business Act (15 U.S.C. 648(o)(3)).''. (c) Conforming Amendments.--Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) is further amended-- (1) in section 428J(g)(2), by striking ``section 455(m)'' and inserting ``subsection (m) or (r) of section 455''; (2) in section 428K(f)-- (A) by inserting ``subsection (m) or (r) of section 455 or'' before ``section 428J''; and (B) by striking ``455(m)''; (3) in section 428L(g), by striking ``455(m)'' and inserting ``subsection (m) or (r) of section 455''; (4) in section 455(m)(4), by inserting ``subsection (r) or'' before ``section 428J''; and (5) in section 460(g)(2)(B), by striking ``section 455(m)'' and inserting ``subsection (m) or (r) of section 455''. SEC. 3. SMALL BUSINESS DEVELOPMENT CENTERS. Section 21 of the Small Business Act (15 U.S.C. 648) is amended-- (1) in subsection (c)(3)-- (A) in subparagraph (S), by striking ``and'' at the end; (B) in subparagraph (T), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(U) certifying small business startups under subsection (o)(3); and ``(V) approving loan deferment or cancellation under paragraph (5) or (6) of subsection (o) for founders and full- time employees of certain small business startups.''; and (2) by adding at the end the following: ``(o) Deferment or Cancellation of Certain Loans.-- ``(1) Definitions.--In this subsection-- ``(A) the term `distressed area' has the meaning given the term `low-income community' in section 45D(e) of the Internal Revenue Code of 1986; ``(B) the term `eligible Federal Direct Loan' has the meaning given the term in section 455(r)(2) of the Higher Education Act of 1965; ``(C) the terms `founder' and `full-time employee', with respect to a small business startup, have the meanings given the terms by the Administrator; and ``(D) the term `small business startup' means a small business concern that, as of the date that the small business concern submits an application under paragraph (3), has been in existence for not more than 3 years. ``(2) Role of small business development centers.--Any small business development center may, for purposes of eligible Federal Direct Loan deferment or cancellation under subsection (f)(5) or (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e)-- ``(A) certify a small business startup under paragraph (3); and ``(B) approve eligible Federal Direct Loan deferment or cancellation for a founder or full-time employee of a qualifying small business startup under paragraph (5) or (6). ``(3) Certification.--In order to be certified by a small business development center, a small business startup shall submit to the small business development center an application that includes-- ``(A) a 5-year business plan for the small business startup; ``(B) the number of employees that the small business startup intends to employ on an annual basis; and ``(C) information that demonstrates that the small business startup has the potential for success. ``(4) Publication of distressed areas.--The Administrator shall identify and make publicly available on the website of the Administration a list of distressed areas. ``(5) Loan deferment for founders and full-time employees of a small business startup.-- ``(A) Application.--In order to be approved by a small business development center for eligible Federal Direct Loan deferment under subsection (f)(5) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e), a borrower of an eligible Federal Direct Loan shall submit to the small business development center an application that includes such information as the Administrator may require. ``(B) Requirements.--A small business development center shall approve a borrower who applies under subparagraph (A) for eligible Federal Direct Loan deferment if the small business development center determines that-- ``(i) the borrower is, as of the date of the application, a founder or full-time employee of a small business startup that is certified under paragraph (3); and ``(ii) the employment of the borrower with the small business startup began during the 5- year period beginning on the date on which the small business startup was established. ``(6) Loan cancellation for founders and full-time employees of a small business startup in a distressed area.-- ``(A) Application.--In order to be approved by a small business development center for eligible Federal Direct Loan cancellation under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e), a borrower of an eligible Federal Direct Loan shall submit to the small business development center an application that includes such information as the Administrator may require, including an identification of the time period during which the borrower has made 24 monthly payments on the eligible Federal Direct Loan, as required under subparagraphs (A)(ii) and (C) of paragraph (1) of such subsection (r). ``(B) Requirements.--A small business development center shall approve a borrower who applies under subparagraph (A) for eligible Federal Direct Loan cancellation if the small business development center determines that the borrower-- ``(i) as of the date of the application, is employed as a founder or full-time employee of a small business startup that-- ``(I) is located in an area that was a distressed area when the small business startup was established; ``(II) is certified under paragraph (3) by the small business development center; and ``(III) as of the date that the small business development center approves the borrower under this paragraph, has been operating continuously for not less than 5 years and not more than 10 years; and ``(ii) was employed as a founder or a full- time employee by a small business startup described in clause (i) during a period beginning not more than 5 years after the date on which the small business startup was established, as identified by the borrower under subparagraph (A).''.", "summary": "Reigniting Opportunity for Innovators Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to make qualified founders and full-time employees of small business start-ups eligible for deferring for up to three years their loans under the federal Direct Loan program. If the start-up is located in an economically distressed area, qualified founders and employees are also eligible for loan cancellation of up to $20,000 under that program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``After School Education and Anti- Crime Act of 1999''. SEC. 2. PURPOSE. The purpose of this Act is to improve academic and social outcomes for students and reduce both juvenile crime and the risk that youth will become victims of crime by providing productive activities during after school hours. SEC. 3. FINDINGS. Congress makes the following findings: (1) Today's youth face far greater social risks than did their parents and grandparents. (2) Students spend more of their waking hours alone, without supervision, companionship, or activity, than the students spend in school. (3) Law enforcement statistics show that youth who are ages 12 through 17 are most at risk of committing violent acts and being victims of violent acts between 3 p.m. and 6 p.m. (4) The consequences of academic failure are more dire in 1999 than ever before. (5) After school programs have been shown in many States to help address social problems facing our Nation's youth, such as drugs, alcohol, tobacco, and gang involvement. (6) Many of our Nation's governors endorse increasing the number of after school programs through a Federal/State partnership. (7) Over 450 of the Nation's leading police chiefs, sheriffs, and prosecutors, along with presidents of the Fraternal Order of Police and the International Union of Police Associations, which together represent 360,000 police officers, have called upon public officials to provide after school programs that offer recreation, academic support, and community service experience, for school-age children and teens in the United States. (8) One of the most important investments that we can make in our children is to ensure that they have safe and positive learning environments in the after school hours. SEC. 4. GOALS. The goals of this Act are as follows: (1) To increase the academic success of students. (2) To promote safe and productive environments for students in the after school hours. (3) To provide alternatives to drug, alcohol, tobacco, and gang activity. (4) To reduce juvenile crime and the risk that youth will become victims of crime during after school hours. SEC. 5. PROGRAM AUTHORIZATION. Section 10903 of the 21st Century Community Learning Centers Act (20 U.S.C. 8243) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by inserting ``to Local Educational Agencies for Schools'' after ``Secretary''; and (B) by striking ``rural and inner-city public'' and all that follows through ``or to'' and inserting ``local educational agencies for the support of public elementary schools or secondary schools, including middle schools, that serve communities with substantial needs for expanded learning opportunities for children and youth in the communities, to enable the schools to establish or''; and (C) by striking ``a rural or inner-city community'' and inserting ``the communities''; (2) in subsection (b)-- (A) by striking ``States, among'' and inserting ``States and among''; and (B) by striking ``United States,'' and all that follows through ``a State'' and inserting ``United States''; and (3) in subsection (c), by striking ``3'' and inserting ``5''. SEC. 6. APPLICATIONS. Section 10904 of the 21st Century Community Learning Centers Act (20 U.S.C. 8244) is amended-- (1) by redesignating subsection (b) as subsection (c); (2) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) in the first sentence, by striking ``an elementary or secondary school or consortium'' and inserting ``a local educational agency''; and (ii) in the second sentence, by striking ``Each such'' and inserting the following: ``(b) Contents.--Each such''; and (3) in subsection (b) (as so redesignated)-- (A) in paragraph (1), by striking ``or consortium''; (B) in paragraph (2), by striking ``and'' after the semicolon; and (C) in paragraph (3)-- (i) in subparagraph (B), by inserting ``, including programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)'' after ``maximized''; (ii) in subparagraph (C), by inserting ``students, parents, teachers, school administrators, local government, including law enforcement organizations such as Police Athletic and Activity Leagues,'' after ``agencies,''; (iii) in subparagraph (D), by striking ``or consortium''; and (iv) in subparagraph (E)-- (I) in the matter preceding clause (i), by striking ``or consortium''; and (II) in clause (ii), by striking the period and inserting a semicolon; and (E) by adding at the end the following: ``(4) information demonstrating that the local educational agency will-- ``(A) provide not less than 35 percent of the annual cost of the activities assisted under the project from sources other than funds provided under this part, which contribution may be provided in cash or in kind, fairly evaluated; and ``(B) provide not more than 25 percent of the annual cost of the activities assisted under the project from funds provided by the Secretary under other Federal programs that permit the use of those other funds for activities assisted under the project; and ``(5) an assurance that the local educational agency, in each year of the project, will maintain the agency's fiscal effort, from non-Federal sources, from the preceding fiscal year for the activities the local educational agency provides with funds provided under this part.''. SEC. 7. USES OF FUNDS. Section 10905 of the 21st Century Community Learning Centers Act (20 U.S.C. 8245) is amended-- (1) by striking the matter preceding paragraph (1) and inserting: ``(a) In General.--Grants awarded under this part may be used to establish or expand community learning centers. The centers may provide 1 or more of the following activities:''; (2) in subsection (a)(11) (as redesignated by paragraph (1)), by inserting ``, and job skills preparation'' after ``placement''; and (3) by adding at the end the following: ``(14) After school programs, that-- ``(A) shall include at least 2 of the following-- ``(i) mentoring programs; ``(ii) academic assistance; ``(iii) recreational activities; or ``(iv) technology training; and ``(B) may include-- ``(i) drug, alcohol, and gang prevention activities; ``(ii) health and nutrition counseling; and ``(iii) job skills preparation activities. ``(b) Limitation.--Not less than \\2/3\\ of the amount appropriated under section 10907 for each fiscal year shall be used for after school programs, as described in paragraph (14). Such programs may also include activities described in paragraphs (1) through (13) that offer expanded opportunities for children or youth.''. SEC. 8. ADMINISTRATION. Section 10905 of the 21st Century Community Learning Centers Act (20 U.S.C. 8245) is amended by adding at the end the following: ``(c) Administration.--In carrying out the activities described in subsection (a), a local educational agency or school shall, to the greatest extent practicable-- ``(1) request volunteers from business and academic communities, and law enforcement organizations, such as Police Athletic and Activity Leagues, to serve as mentors or to assist in other ways; ``(2) ensure that youth in the local community participate in designing the after school activities; ``(3) develop creative methods of conducting outreach to youth in the community; ``(4) request donations of computer equipment and other materials and equipment; and ``(5) work with State and local park and recreation agencies so that activities carried out by the agencies prior to the date of enactment of this subsection are not duplicated by activities assisted under this part.''. SEC. 9. COMMUNITY LEARNING CENTER DEFINED. Section 10906 of the 21st Century Community Learning Centers Act (20 U.S.C. 8246) is amended in paragraph (2) by inserting ``, including law enforcement organizations such as the Police Athletic and Activity League'' after ``governmental agencies''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 10907 of the 21st Century Community Learning Centers Act (20 U.S.C. 8247) is amended by striking ``$20,000,000 for fiscal year 1995'' and all that follows and inserting ``$600,000,000 for each of fiscal years 2000 through 2004, to carry out this part.''. SEC. 11. EFFECTIVE DATE. This Act, and the amendments made by this Act, take effect on October 1, 1999.", "summary": "(Sec. 6) Requires an LEA, to be eligible to receive a grant, to submit an application including: (1) information demonstrating that the LEA will provide not less than 35 percent of the annual cost of the activities assisted under the project from sources other than funds provided under the Act, which may be provided in cash or in kind, and provide not more than 25 percent of the annual cost of the activities assisted under the project from funds provided by the Secretary under other Federal programs that permit their use; and (2) an assurance that the LEA, in each year of the project, will maintain the agency's fiscal effort, from non-Federal sources, from the preceding fiscal year. (Sec. 7) Allows the use of grant funds to establish or expand community learning centers. Allows such centers to provide one or more of specified activities, including after school programs that: (1) include (at least two of the following) mentoring programs, academic assistance, recreational activities, or technology training; and (2) may include drug, alcohol, and gang prevention activities, health and nutrition counseling, and job skills preparation activities. Limits the amount of appropriated funds that may be used for after school programs. (Sec. 8) Directs an LEA to: (1) request volunteers from business and academic communities, and law enforcement organizations, to serve as mentors or to assist in other ways; (2) ensure that youth in the local community participate in designing the after school activities; (3) develop creative methods of conducting outreach to youth in the community; (4) request donations of computer equipment and other materials and equipment; and (5) work with State and local park and recreation agencies so that activities carried out by the agencies prior to this Act's enactment are not duplicated. (Sec. 10) Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015''. SEC. 2. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND RESEARCH. Title III of the Public Health Service Act is amended by inserting after section 399V-5 of such Act (42 U.S.C. 280g-16) the following: ``SEC. 399V-6. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND RESEARCH. ``(a) In General.--The Secretary, acting through the Administrator of the Agency for Toxic Substances and Disease Registry, shall develop a patient registry to collect data on mesothelioma, including information with respect to the incidence and prevalence of the disease in the United States. ``(b) Uses.--The Secretary shall use the registry under subsection (a)-- ``(1) to enhance and expand infrastructure and activities for tracking the epidemiology of mesothelioma patients; ``(2) to collect, consolidate, and report on health information on patients who have been diagnosed with mesothelioma, including with respect to-- ``(A) treatment outcomes, including patient longevity; and ``(B) the number of patients receiving treatment for mesothelioma disaggregated by hospital; ``(3) to better describe the incidence and prevalence of mesothelioma in the United States; ``(4) to facilitate further research on mesothelioma; ``(5) to examine factors, such as environmental and occupational factors, that may be associated with mesothelioma; ``(6) to better outline key demographic factors (such as age, race or ethnicity, gender, and family history) associated with mesothelioma; and ``(7) to make the information in such registry, other than individually identifiable information, available to the public to facilitate and enhance research on, and prevention and treatment of, mesothelioma. ``(c) Content.--In carrying out this section, the Secretary-- ``(1) shall provide for the collection and storage of information on the incidence and prevalence of mesothelioma in the United States; ``(2) when scientifically possible, shall provide for the collection and storage of other available information on mesothelioma, such as information concerning-- ``(A) demographics and other information associated or possibly associated with mesothelioma, such as age, race, ethnicity, sex, geographic location, and family history; ``(B) risk factors associated or possibly associated with mesothelioma, including genetic and environmental risk factors; and ``(C) diagnosis and progression markers; and ``(3) may provide for the collection and storage of information relevant to analysis on mesothelioma, such as information concerning-- ``(A) the epidemiology of the disease; ``(B) the natural history of the disease; ``(C) the prevention of the disease; ``(D) the detection, management, and treatment approaches for the disease; and ``(E) the development of outcomes measures. ``(d) Consultation.--In carrying out this section, the Secretary shall consult with individuals with appropriate expertise, including non-Federal mesothelioma experts including-- ``(1) epidemiologists with experience in disease surveillance or registries; ``(2) representatives of national voluntary associations that focus on mesothelioma or have demonstrated experience in research, care, or patient service for mesothelioma; ``(3) health information technology experts or other information management specialists; ``(4) clinicians with expertise in mesothelioma; and ``(5) research scientists with experience conducting translational research or utilizing surveillance systems for scientific research purposes. ``(e) Coordination With Other Federal Agencies.--The Secretary shall make information in and analysis derived from the registry under this section available, as appropriate, to Federal departments and agencies, such as the National Institutes of Health, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Department of Veterans Affairs, and the Department of Defense. ``(f) Public Access.--Subject to subsection (g), the Secretary shall make information in, and analysis derived from, the registry under this section available, as appropriate, to the public, including researchers. ``(g) Privacy.--The Secretary shall ensure that privacy and security protections applicable to the registry under this section are at least as stringent as the privacy and security protections under HIPAA privacy and security law (as defined in section 3009). ``(h) Reports to Congress.-- ``(1) Initial report.--Not later than 18 months after the date of enactment of the Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015, the Secretary shall submit to the Congress a report that-- ``(A) shall outline-- ``(i) the findings in the mesothelioma patient registry under subsection (a); ``(ii) future plans for expansion or revision of such registry; and ``(iii) the scope of such registry; and ``(B) may include a description of the activities undertaken by the Secretary to establish partnerships with research and patient advocacy communities to expand such registry. ``(2) Subsequent report.--Not later than 4 years after the date of enactment of the Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015, the Secretary shall submit a report to the Congress concerning the implementation of this section. Such report should include information on-- ``(A) the development and maintenance of the mesothelioma patient registry under subsection (a); ``(B) the type of information collected and stored in the registry; ``(C) the use and availability of such information, including guidelines for such use; and ``(D) the use and coordination of databases that collect or maintain information on mesothelioma.''.", "summary": "Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015 This bill amends the Public Health Service Act to direct the Agency for Toxic Substances and Disease Registry to develop a patient registry to collect data on mesothelioma. The Agency shall use the registry to: enhance and expand infrastructure and activities for tracking the epidemiology of mesothelioma patients; collect, consolidate, and report on health information on mesothelioma patients; describe the incidence and prevalence of mesothelioma in the United States; facilitate research on mesothelioma; examine factors that may be associated with mesothelioma; outline key demographic factors associated with mesothelioma; and make information available to the public to facilitate and enhance research on, and the prevention and treatment of, mesothelioma. The Agency: (1) shall provide for the collection and storage of information on the incidence and prevalence of mesothelioma in the United States and information concerning demographics and other information associated with mesothelioma, such as geographic location and family history, risk factors, and diagnosis and progression markers; (2) may provide for the collection and storage of information relevant to analysis on mesothelioma, such as information concerning the epidemiology, natural history, and prevention of the disease, the detection, management, and treatment approaches for the disease, and the development of outcomes measures; and (3) shall make registry information available to federal agencies and the public."}
{"article": "SECTION 1. AVAILABILITY OF APPROPRIATED FUNDS FOR INTERNATIONAL MILITARY-TO-CIVILIAN AND CIVILIAN-TO-CIVILIAN CONTACT ACTIVITIES CONDUCTED BY THE NATIONAL GUARD. (a) In General.--Chapter 1007 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 10219. International military-civilian contact activities conducted by the National Guard: availability of appropriated funds to support activities ``(a) Availability of Appropriated Funds; Authorized Purposes.-- Funds appropriated to the Department of Defense shall be available for the payment of costs incurred by the National Guard (including the costs of pay and allowances of members of the National Guard) in conducting international military-to-civilian contacts, civilian-to- civilian contacts, and comparable activities for purposes as follows: ``(1) To support the objectives of the commander of the combatant command for the theater of operations in which such contacts and activities are conducted. ``(2) To build international civil-military partnerships and capacity. ``(3) To strengthen cooperation between the departments and agencies of the United States Government and agencies of foreign governments. ``(4) To facilitate intergovernmental collaboration between the United States Government and foreign governments. ``(5) To facilitate and enhance the exchange of information between the United States Government and foreign governments on matters relating to defense and security. ``(b) Limitations.--(1) Funds shall not be available under subsection (a) for contacts and activities described in that subsection that are conducted in a foreign country unless jointly approved by the commander of the combatant command concerned and the chief of mission concerned. ``(2) Funds shall not be available under subsection (a) for the participation of a member of the National Guard in contacts and activities described in that subsection in a foreign country unless the member is on active duty in the Armed Forces at the time of such participation. ``(c) Reimbursement.--In the event of the participation of personnel of a department or agency of the United States Government (other than the Department of Defense) in contacts and activities for which payment is made under subsection (a), the head of such department or agency shall reimburse the Secretary of Defense for the costs associated with the participation of such personnel in such contacts and activities. Amounts reimbursed the Department of Defense under this subsection shall be deposited in the appropriation or account from which amounts for the payment concerned were derived. Any amounts so deposited shall be merged with amounts in such appropriation or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account. ``(d) Definitions.--In this section: ``(1) The term `military-to-civilian contacts' means the following: ``(A) Contacts between members of the Armed Forces and foreign civilian personnel. ``(B) Contacts between members of foreign Armed Forces and United States civilian personnel. ``(2) The term `civilian-to-civilian contacts' means contacts between United States civilian personnel and foreign civilian personnel. ``(3) The term `United States civilian personnel' means the following: ``(A) Personnel of the United States Government (including personnel of departments and agencies of the United States Government other than the Department of Defense) and personnel of State and local governments of the United States. ``(B) Members and employees of the legislative branch, and non-governmental individuals, if the participation of such individuals in contacts and activities described in subsection (a)-- ``(i) contributes to responsible management of defense resources; ``(ii) fosters greater respect for and understanding of the principle of civilian control of the military; ``(iii) contributes to cooperation between foreign military and civilian government agencies and United States military and civilian governmental agencies; or ``(iv) improves international partnerships and capacity on matters relating to defense and security. ``(4) The term `foreign civilian personnel' means the following: ``(A) Civilian personnel of foreign governments at any level (including personnel of ministries other than ministries of defense). ``(B) Non-governmental individuals of foreign countries, if the participation of such individuals in contacts and activities described in subsection (a) will further the achievement of any matter set forth in clauses (i) through (iv) of paragraph (3)(B).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``10219. International military-civilian contact activities conducted by the National Guard: availability of appropriated funds to support activities.''.", "summary": "Makes funds appropriated to the Department of Defense (DOD) available for costs incurred by the National Guard in conducting international military-to-civilian contacts, civilian-to-civilian contacts, and comparable activities in order to: (1) support objectives of the commander of the combatant command for the theater of operations in which the contacts occur; (2) build international civil-military partnerships and capacity; (3) strengthen cooperation between U.S. and foreign departments and agencies; (4) facilitate intergovernmental collaboration between the U.S. government and foreign governments; and (5) facilitate the exchange of information between the U.S. government and foreign governments on matters relating to defense and security."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Handgun Trigger Safety Act of 2014''. SEC. 2. FINDINGS. Congress finds as follows: (1) It is in the interest of the United States to protect its citizens from handgun violence and accidental firearm deaths. (2) Personalizing handguns would prevent unauthorized users, whether children, criminals, or others, from misusing the weapons. (3) Personalizing handguns would allow authorized users to continue to lawfully own and use their handguns more safely. (4) In 2011, according to the Centers for Disease Control, there were 851 accidental firearm deaths. (5) In 2010, according to the Centers for Disease Control, 62 people under the age of 15 were killed accidentally with firearms. (6) According to the National Crime Victimization Survey, almost 350,000 incidents of firearm theft from private citizens occur each year. (7) According to the Federal Bureau of Investigation, 45 law enforcement officers were killed with their own firearm between 2002 and 2011. (8) According to the Federal Bureau of Investigation, almost half of all murders in the United States in 2011 were committed with handguns. TITLE I--TECHNOLOGY FOR PERSONALIZED HANDGUNS GRANTS SEC. 101. DEFINITIONS. In this title: (1) Handgun.--The term ``handgun'' has the meaning given the term in section 921(a)(29) of title 18, United States Code. (2) Personalized handgun.--The term ``personalized handgun'' means a handgun that-- (A) enables only an authorized user of the handgun to fire the handgun; and (B) was manufactured in such a manner that the firing restriction described in subparagraph (A)-- (i) is incorporated into the design of the handgun; (ii) is not sold as an accessory; and (iii) cannot be readily removed or deactivated. (3) Qualified entity.--The term ``qualified entity'' means-- (A) a State or unit of local government; (B) a nonprofit or for-profit organization; or (C) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). (4) Retrofitted personalized handgun.--The term ``retrofitted personalized handgun'' means a handgun fitted with a device that-- (A) enables only an authorized user of the handgun to fire the handgun; and (B) cannot be readily removed or deactivated. SEC. 102. AUTHORIZATION. The Attorney General, acting through the Director of the National Institute of Justice (referred to in this title as the ``Director''), shall make grants to qualified entities to develop technology for personalized handguns. SEC. 103. APPLICATIONS. A qualified entity seeking a grant under this title shall submit to the Director an application at such time, in such manner, and containing such information as the Director may reasonably require. SEC. 104. USES OF FUNDS. A qualified entity that receives a grant under this title-- (1) shall use not less than 70 percent of the amount of the grant to develop technology for personalized handguns; (2) may use not more than 20 percent of the amount of the grant to develop technology for retrofitted personalized handguns; and (3) may use not more than 10 percent of the amount of the grant for administrative costs associated with the development of technology funded under this title. SEC. 105. TERM; RENEWAL. (a) Term.--A grant awarded under this title shall be for a term of 1 year. (b) Renewal.--A qualified entity receiving a grant under this title may renew the grant by submitting to the Director an application for renewal at such time, in such manner, and containing such information as the Director may reasonably require. SEC. 106. REPORTS. (a) Reports to Director.--A qualified entity receiving a grant under this title shall submit to the Director such reports, at such time, in such manner, and containing such information as the Director may reasonably require. (b) Reports to Congress.--Each year, the Director shall submit to Congress a report that contains a summary of the information submitted to the Director under subsection (a) during the previous year. SEC. 107. REGULATIONS. The Director may promulgate such guidelines, rules, regulations, and procedures as may be necessary to carry out this title. SEC. 108. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $2,000,000 for each of fiscal years 2015 and 2016. TITLE II--CONSUMER PRODUCT SAFETY COMMISSION SAFETY STANDARD SEC. 201. DEFINITIONS. In this title: (1) Antique firearm; firearm; handgun.--The terms ``antique firearm'', ``firearm'', and ``handgun'' have the meaning given those terms in section 921 of title 18, United States Code. (2) Authorized user.--The term ``authorized user'', with respect to a firearm, means-- (A) the lawful owner of the firearm; and (B) any individual who is-- (i) authorized by the lawful owner of the firearm to use the firearm; and (ii) authorized, under the law of the State where the firearm is being used, to own, carry, or use a firearm in the State. (3) Commission.--The term ``Commission'' means the Consumer Product Safety Commission (4) Consumer product safety rule.--The term ``consumer product safety rule'' has the meaning given such term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (5) Manufactured and manufacturer.--The terms ``manufactured'' and ``manufacturer'' have the meaning given such terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (6) Personalized handgun.--The term ``personalized handgun'' means a handgun that-- (A) enables only an authorized user of a handgun to fire the handgun; and (B) is manufactured in such a manner that the firing restriction described in subparagraph (A)-- (i) is incorporated into the design of the handgun; and (ii) cannot be readily removed or deactivated. (7) Retrofitted personalized handgun.--The term ``retrofitted personalized handgun'' means a handgun fitted with a device that-- (A) enables only an authorized user of a handgun to fire the handgun; and (B) attaches to the handgun in a manner such that the device cannot be readily removed or deactivated. (8) State and united states.--The terms ``State'' and ``United States'' have the meaning given such terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (9) To distribute in commerce and distribution in commerce.--The terms ``to distribute in commerce'' and ``distribution in commerce'' have the meaning given such terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). SEC. 202. PROHIBITION ON MANUFACTURING AND DISTRIBUTION OF HANDGUNS THAT ARE NOT PERSONALIZED HANDGUNS. (a) Prohibition.-- (1) Manufacturing.--Beginning on the date that is 2 years after the date of enactment of this Act, no person may manufacture in the United States a handgun that is not a personalized handgun. (2) Distribution in commerce.--Beginning on the date that is 3 years after the date of enactment of this Act, no person may distribute in commerce any handgun that is not a personalized handgun or a retrofitted personalized handgun. (3) Exemptions for antique firearms and military firearms.--Paragraphs (1) and (2) shall not apply to-- (A) an antique firearm; (B) the manufacture of a firearm that is sold to the Department of Defense; or (C) the sale or distribution of a firearm to the Department of Defense. (b) Enforcement by Consumer Product Safety Commission.-- (1) Treatment of violation.--Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), a violation of subsection (a) or any rule promulgated by the Commission pursuant to paragraph (4) shall be treated as a violation of section 19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)). (2) Treatment as consumer product safety standards.-- Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), subsection (a) and any rule promulgated pursuant to paragraph (4) shall be considered consumer product safety rules. (3) Powers of commission.-- (A) In general.--The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunities.--Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (4) Regulations.--The Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, may promulgate such rules as the Commission considers appropriate to carry out this section. (c) Enforcement by States.--If an attorney general, other official, or agency of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by a person who violates subsection (a), the attorney general, official, or agency may bring a civil action on behalf of the residents of the State against the person in an appropriate district court of the United States to enjoin any further such violation and for other relief as may be appropriate. (d) Cost of Retrofitting.-- (1) Cost borne by manufacturers.--Upon the request of the owner of a handgun that was manufactured in the United States and that is not a personalized handgun or retrofitted personalized handgun, the manufacturer of the handgun-- (A) shall-- (i) retrofit the handgun so that the handgun is a retrofitted personalized handgun; and (ii) return the handgun to the owner within a reasonable period of time; and (B) may not request compensation for the retrofit from the owner. (2) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, shall by regulation establish the maximum period of time within which a manufacturer that receives a request from the owner of a handgun under paragraph (1) shall retrofit and return the handgun to the owner. (3) Reimbursement from department of justice assets forfeiture fund.--Section 524(c) of title 28, United States Code, is amended-- (A) in subparagraph (H), by striking ``and'' at the end; (B) in subparagraph (I), by striking the period at the end and inserting ``; and''; and (C) by inserting after subparagraph (I) the following: ``(J) payments to reimburse manufacturers of handguns for the costs of retrofitting handguns to comply with the requirement under section 202(d)(1) of the Handgun Trigger Safety Act of 2014.''. (e) Relation to State Law.--Nothing in this section or the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) shall be construed to preempt or otherwise affect any State requirement with respect to any handgun not specifically regulated in a consumer product safety standard under the Consumer Product Safety Act. TITLE III--EXEMPTION FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT SEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT. Section 4 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 7903) is amended-- (1) in paragraph (4)-- (A) by striking ``The term `qualified product' means'' and inserting the following: ``The term `qualified product'-- ``(i) except as provided in clause (ii), means''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(ii) does not include a handgun that-- ``(I) is manufactured on or after the date that is 2 years after the date of enactment of the Handgun Trigger Safety Act of 2014; and ``(II) is not a-- ``(aa) personalized handgun; or ``(bb) retrofitted personalized handgun.''; and (2) by adding at the end the following: ``(10) Authorized user.--The term `authorized user', with respect to a handgun, means-- ``(A) the lawful owner of the firearm; and ``(B) any individual who is-- ``(i) authorized by the lawful owner of the firearm to use the firearm; and ``(ii) authorized, under the law of the State where the firearm is being used, to own, carry, or use a firearm in the State. ``(11) Handgun.--The term `handgun' has the meaning given the term in section 921(a)(29) of title 18, United States Code. ``(12) Personalized handgun.--The term `personalized handgun' means a handgun that-- ``(A) enables only an authorized user of the handgun to fire the handgun; and ``(B) is manufactured in such a manner that the firing restriction described in subparagraph (A)-- ``(i) is incorporated into the design of the handgun; and ``(ii) cannot be readily removed or deactivated. ``(13) Retrofitted personalized handgun.--The term `retrofitted personalized handgun' means a handgun fitted with a device that-- ``(A) enables only an authorized user of the handgun to fire the handgun; and ``(B) attaches to the handgun in a manner such that the device cannot be readily removed or deactivated.''.", "summary": "Handgun Trigger Safety Act of 2014 - Requires the Director of the National Institute of Justice to make one-year grants to qualified entities (states or local governments, organizations, or institutions of higher education) to develop technology for personalized handguns (a handgun that is manufactured to enable only the authorized user to fire it). Provides that a recipient shall use at least 70% of the grant amount to develop technology for personalized handguns and may use not more than 20% to develop technology for retrofitted personalized handguns and not more than 10% for administrative costs. Prohibits any person: (1) beginning two years after enactment of this Act, from manufacturing in the United States a handgun that is not a personalized handgun; or (2) beginning three years after enactment of this Act, from distributing in commerce any handgun that is not a personalized handgun or a retrofitted personalized handgun. Exempts antique firearms and firearms distributed or sold to the Department of Defense (DOD). Provides for the enforcement of such prohibitions by the Consumer Product Safety Commission (CPSC) and by the states. Requires a handgun manufacturer, upon request of the owner of a handgun manufactured in the United States that is not a personalized handgun or a retrofitted personalized handgun, to retrofit the handgun and return it to the owner within a reasonable period of time as established by the CPSC. Makes the Department of Justice Assets Forfeiture Fund available to the Attorney General for payments to reimburse handgun manufacturers for the costs of retrofitting handguns. Amends the Protection of Lawful Commerce in Arms Act to exclude from the definition of \"qualified product\" any handgun manufactured after two years after enactment of this Act that is not a personalized handgun or retrofitted personalized handgun."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Farmer Bankruptcy Clarification Act of 2013''. SEC. 2. CLARIFICATION OF RULE ALLOWING DISCHARGE TO GOVERNMENTAL CLAIMS ARISING FROM THE DISPOSITION OF FARM ASSETS UNDER CHAPTER 12 BANKRUPTCIES. (a) In General.--Subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 1232. Claim by a governmental unit based on the disposition of property used in a farming operation ``(a) Any unsecured claim of a governmental unit against the debtor or the estate that arises before the filing of the petition, or that arises after the filing of the petition and before the debtor's discharge under section 1228, as a result of the sale, transfer, exchange, or other disposition of any property used in the debtor's farming operation-- ``(1) shall be treated as an unsecured claim arising before the date on which the petition is filed; ``(2) shall not be entitled to priority under section 507; ``(3) shall be provided for under a plan; and ``(4) shall be discharged in accordance with section 1228. ``(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and 1229(b)(1) to a claim described in subsection (a) of this section, the amount that would be paid on such claim if the estate of the debtor were liquidated in a case under chapter 7 of this title shall be the amount that would be paid by the estate in a chapter 7 case if the claim were an unsecured claim arising before the date on which the petition was filed and were not entitled to priority under section 507. ``(c) For purposes of applying sections 523(a), 1228(a)(2), and 1228(c)(2) to a claim described in subsection (a) of this section, the claim shall not be treated as a claim of a kind specified in section 523(a)(1). ``(d)(1) A governmental unit may file a proof of claim for a claim described in subsection (a) that arises after the date on which the petition is filed. ``(2) If a debtor files a tax return after the filing of the petition for a period in which a claim described in subsection (a) arises, and the claim relates to the tax return, the debtor shall serve notice of the claim on the governmental unit charged with the responsibility for the collection of the tax at the address and in the manner designated in section 505(b)(1). Notice under this paragraph shall state that the debtor has filed a petition under this chapter, state the name and location of the court in which the case under this chapter is pending, state the amount of the claim, and include a copy of the filed tax return and documentation supporting the calculation of the claim. ``(3) If notice of a claim has been served on the governmental unit in accordance with paragraph (2), the governmental unit may file a proof of claim not later than 180 days after the date on which such notice was served. If the governmental unit has not filed a timely proof of the claim, the debtor or trustee may file proof of the claim that is consistent with the notice served under paragraph (2). If a proof of claim is filed by the debtor or trustee under this paragraph, the governmental unit may not amend the proof of claim. ``(4) A claim filed under this subsection shall be determined and shall be allowed under subsection (a), (b), or (c) of section 502, or disallowed under subsection (d) or (e) of section 502, in the same manner as if the claim had arisen immediately before the date of the filing of the petition.''. (b) Technical and Conforming Amendments.-- (1) In general.--Subchapter II of chapter 12 of title 11, United States Code, is amended-- (A) in section 1222(a)-- (i) in paragraph (2), by striking ``unless--'' and all that follows through ``the holder'' and inserting ``unless the holder''; (ii) in paragraph (3), by striking ``and'' at the end; (iii) in paragraph (4), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(5) subject to section 1232, provide for the treatment of any claim by a governmental unit of a kind described in section 1232(a).''; (B) in section 1228-- (i) in subsection (a)-- (I) in the matter preceding paragraph (1)-- (aa) by inserting a comma after ``all debts provided for by the plan''; and (bb) by inserting a comma after ``allowed under section 503 of this title''; and (II) in paragraph (2), by striking ``the kind'' and all that follows and inserting ``a kind specified in section 523(a) of this title, except as provided in section 1232(c).''; and (ii) in subsection (c)(2), by inserting ``, except as provided in section 1232(c)'' before the period at the end; and (C) in section 1229(a)-- (i) in paragraph (2), by striking ``or'' at the end; (ii) in paragraph (3), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(4) provide for the payment of a claim described in section 1232(a) that arose after the date on which the petition was filed.''. (2) Table of sections.--The table of sections for subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following: ``1232. Claim by a governmental unit based on the disposition of property used in a farming operation.''. (c) Effective Date.--The amendments made by this section shall apply to any bankruptcy case that-- (1) is pending on the date of enactment of this Act and relating to which an order of discharge under section 1228 of title 11, United States Code, has not been entered; or (2) commences on or after the date of enactment of this Act.", "summary": "Family Farmer Bankruptcy Clarification Act of 2013 - Amends chapter 12 of federal bankruptcy law (Debt Adjustment of a Family Farmer or Fisherman with Regular Annual Income) with respect to discharge of governmental claims based upon the disposition of property used in a farming operation. Treats any unsecured claim of a governmental unit against the debtor or debtor's estate as an unsecured debt (hence, not entitled to priority payment), if it results from the sale, transfer, exchange, or other disposition of any property used in the debtor's farming operation and it arises either: (1) before the petition in bankruptcy is filed, or (2) after such filing but before the debtor's discharge. Authorizes a governmental unit to file a proof for a claim that arises after the date on which the petition is filed. Requires such debt to be discharged in accordance with specified discharge procedures. States that, for purposes of applying procedures governing plan confirmation, discharge, and modification after plan confirmation, the amount that would be paid on the claim if the estate were liquidated under chapter 7 shall be the amount that would be paid by the estate in a chapter 7 case if the claim were an unsecured claim arising before the date on which the petition was filed and not entitled to priority payment status."}
{"article": "SECTION 1. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS. (a) Requirement of Benchmarking and Disclosure for Leasing Buildings Without Energy Star Labels.--Section 435(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is amended-- (1) by striking ``paragraph (2)'' and inserting ``paragraph (1)''; and (2) by striking ``signing the contract,'' and all that follows through the period at the end and inserting the following: ``signing the contract, the following requirements are met: ``(A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. ``(B)(i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces-- ``(I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and ``(II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. ``(ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph.''. (b) Study.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary of Energy, in collaboration with the Administrator of the Environmental Protection Agency, shall complete a study-- (A) on the impact of-- (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers-- (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with-- (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) Submission to congress.--At the conclusion of the study, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the results of the study. (c) Creation and Maintenance of Database.-- (1) In general.--Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary of Energy, in coordination with other relevant agencies, shall maintain, and if necessary create, a database for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including-- (A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) information on buildings that have disclosed energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, only in an anonymous form unless the owner provides otherwise. (2) Complementary programs.--The database maintained pursuant to paragraph (1) shall complement and not duplicate the functions of the Environmental Protection Agency's Energy Star Portfolio Manager tool. (d) Input From Stakeholders.--The Secretary of Energy shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (e) Report.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the progress made in complying with this section.", "summary": "This bill amends the Energy Independence and Security Act of 2007 to require a federal agency leasing space in a building without an Energy Star label to include in its lease provisions requirements that the space's energy efficiency be measured against a nationally-recognized benchmark. The agency must also meet certain energy consumption disclosure requirements. The Department of Energy (DOE) must study and report on: (1) the impact of state and local performance benchmarking and disclosure policies for commercial and multifamily buildings; (2) the impact of programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; and (3) the best practice policy approaches studied in those impact analyses that have resulted in the greatest improvements in building energy efficiency. DOE must maintain a database for storing and making available public energy-related information on commercial and multifamily buildings."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Identity Protection Act'', or the ``VIP Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to reimburse injured persons for injuries suffered as a result of the unauthorized use, disclosure, or dissemination of identifying information improperly released by or obtained from the Department of Veterans Affairs; and (2) to provide for the expeditious consideration and settlement of claims for those injuries. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Veterans Identity Protection Claims. (2) Injured person.--The term ``injured person'' means an individual-- (A) whose name or other personal identifying information is part of data of the Department of Veterans Affairs that-- (i) was stolen from the home of an employee of the Department of Veterans Affairs on or around May 3, 2006; (ii) was reported missing from the Birmingham VA Medical Center on or around January 22, 2007; or (iii) is otherwise compromised as a result of a security breach, including any action or ommission by an officer, employee, volunteer, or contractor (or employee of a contractor) of the Department of Veterans Affairs in contravention of any security policy or procedure of the Department that results in such a breach; and (B) who suffered an injury as a result of the unauthorized use, disclosure, or dissemination of personal identifying information that was included in data described in subparagraph (A). (3) Office.--The term ``Office'' means the Office of Veterans Identity Protection Claims established under section 4(a). SEC. 4. OFFICE OF VETERANS IDENTITY PROTECTION CLAIMS. (a) Office Established.--There is established an independent office of the executive branch to receive, process, and pay claims in accordance with this Act. Such office shall be known as the Office of Veterans Identity Protection Claims. (b) Director.--Not later than 30 days after the enactment of this Act, the President shall appoint a director of the Office of Veterans Identity Protection Claims. The Director shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted under section 5(b). (c) Funding.--The Office-- (1) shall be funded from funds made available to the Director under this Act; (2) may reimburse other Federal agencies for claims processing support and assistance; (3) may appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in competitive service; and (4) upon the request of the Director, may request that the head of any Federal department or agency detail, on a reimbursable basis, any of the personnel of that department or agency to the Office to assist it in carrying out its duties under this Act. SEC. 5. REIMBURSEMENT FOR INJURIES SUFFERED. (a) Reimbursement.--Each injured person shall be entitled to receive from the United States-- (1) reimbursement for any injuries suffered by the injured person as a result of the unauthorized use, disclosure, or dissemination of personal identifying information that was included in the data described in section 3(2)(A); and (2) damages described in subsection (d)(3), as determined by the Director. (b) Submission of Claims.--Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Director a written claim for one or more injuries suffered by the injured person in accordance with such requirements as the Director determines to be appropriate. (c) Investigation of Claims.-- (1) Applicability of state law.--Except as otherwise provided in this Act, the laws of the State in which the injured person resides shall apply to the calculation of damages under subsection (d)(3). (2) Extent of damages.--Any payment under this Act-- (A) shall be limited to actual compensatory damages measured by injuries suffered and interest before settlement or payment of a claim; and (B) shall not include punitive damages. (d) Payment of Claims.-- (1) Determination and payment of amount.-- (A) In general.--Not later than 180 days after the date on which a claim is submitted under this Act, the Director shall determine and fix the amount, if any, to be paid for the claim. (B) Parameters of determination.--In determining and settling a claim under this Act, the Director shall determine only-- (i) whether the claimant is an injured person; (ii) whether the injury that is the subject of the claim resulted from the unauthorized use, disclosure, or dissemination of personal identifying information that was included in the data described in section 3(2)(A); (iii) the amount, if any, to be allowed and paid to the injured person under this Act. (C) Other payments or settlements.--In determining the amount of, and paying, a claim under this Act, to prevent recovery by a claimant in excess of actual compensatory damages, the Director shall reduce the amount to be paid for the claim by an amount that is equal to the total of any payments or settlements of any nature that were paid, or will be paid, to the injured person with respect to the claim. (2) Partial payment.-- (A) In general.--At the request of a claimant, the Director may make one or more advance or partial payments before the final settlement of a claim, including final settlement on any portion or aspect of a claim that is determined to be severable. (B) Judicial decision.--If a claimant receives a partial payment on a claim under this Act, but further payment on the claim is subsequently denied by the Director, the claimant may-- (i) seek judicial review under subsection (i); and (ii) keep any partial payment that the claimant received, unless the Director determines that the claimant-- (I) was not eligible to receive the reimbursement; or (II) fraudulently procured the reimbursement. (3) Allowable damages.--A claim that is paid under this Act may include otherwise uncompensated damages for loss of property, business loss, or financial loss resulting from the unauthorized use, disclosure, or dissemination of personal identifying information that was included in the data described in section 3(2)(A). (e) Acceptance of Award.--The acceptance by a claimant of any payment under this Act, except an advance or partial payment made under subsection (d)(2), shall-- (1) be final and conclusive on the claimant, with respect to all claims arising out of or relating to the same subject matter; (2) constitute a complete release of all claims against the United States (including any agency or employee of the United States) under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), or any other Federal or State law, arising out of or relating to the same subject matter; and (3) shall include a certification by the claimant, made under penalty of perjury and subject to the provisions of section 1001 of title 18, United States Code, that such claim is true and correct. (f) Regulations and Public Information.-- (1) Regulations.--Notwithstanding any other provision of law, not later than 45 days after the date of the enactment of this Act, the Director shall promulgate and publish in the Federal Register interim final regulations for the processing and payment of claims under this Act. (2) Public information.-- (A) In general.--At the time at which the Director promulgates regulations under paragraph (1), the Director shall publish, in newspapers of general circulation in the each of the several States and the District of Columbia, a clear, concise, and easily understandable explanation, in English and Spanish, of-- (i) the rights conferred under this Act; and (ii) the procedural and other requirements of the regulations promulgated under paragraph (1). (B) Dissemination through other media.--The Director shall disseminate the explanation published under subparagraph (A) through brochures, pamphlets, radio, television, and other media that the Director determines are likely to reach prospective claimants. (g) Consultation.--In administering this Act, the Director shall consult with the Attorney General, the Secretary of Veterans Affairs, the Secretary of the Defense, the Secretary of Commerce, other Federal agencies, and State and local authorities, as determined to be necessary by the Director to-- (1) ensure the efficient administration of the claims process; and (2) provide for local concerns. (h) Election of Remedy.-- (1) In general.--An injured person may elect to seek reimbursement from the United States for one or more injuries resulting from the unauthorized use, disclosure, or dissemination of personal identifying information that was included in the data described in section 3(2)(A) by-- (A) submitting a claim under this Act; (B) filing a claim or bringing a civil action under chapter 171 of title 28, United States Code; or (C) bringing an authorized civil action under any other provision of law. (2) Effect of election.--An election by an injured person to seek reimbursement in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the unauthorized use, disclosure, or dissemination of personal identifying information that was included in the data described in section 3(2)(A) that are suffered by the claimant. (3) Arbitration.-- (A) In general.--Not later than 45 days after the date of the enactment of this Act, the Director shall establish by regulation procedures under which a dispute regarding a claim submitted under this Act may be settled by arbitration. (B) Arbitration as remedy.--On establishment of arbitration procedures under subparagraph (A), an injured person that submits a disputed claim under this Act may elect to settle the claim through arbitration. (C) Binding effect.--An election by an injured person to settle a claim through arbitration under this paragraph shall-- (i) be binding; and (ii) preclude any exercise by the injured person of the right to judicial review of a claim described in subsection (i). (4) No effect on entitlements.--Nothing in this Act affects any right of a claimant to file a claim for benefits under any Federal entitlement program. (i) Judicial Review.-- (1) In general.--Any claimant aggrieved by a final decision of the Director under this Act may, not later than 60 days after the date on which the decision is issued, bring a civil action in the an appropriate United States District Court, to modify or set aside the decision, in whole or in part. (2) Record.--The court shall hear a civil action under paragraph (1) on the record made before the Director. (3) Standard.--The decision of the Director incorporating the findings of the Director shall be upheld if the decision is supported by substantial evidence on the record considered as a whole. (j) Attorney's and Agent's Fees.-- (1) In general.--No attorney or agent, acting alone or in combination with any other attorney or agent, shall charge, demand, receive, or collect, for services rendered in connection with a claim submitted under this Act, fees in excess of 10 percent of the amount of any payment on the claim. (2) Violation.--An attorney or agent who violates paragraph (1) shall be fined not more than $10,000. (k) Applicability of Debt Collection Requirements.--Section 3716 of title 31, United States Code, shall not apply to any payment under this Act. SEC. 6. REPORT; AUDIT. (a) Not later than 180 days after the date of promulgation of regulations under section 5(f)(1), and semiannually thereafter, the Director shall submit to the Committees on Veterans Affairs, Energy and Commerce, and Judiciary of the House of Representatives, and the Committees on Veterans Affairs, Commerce, Science and Transportation, and Judiciary of the Senate, a report that describes the claims submitted under this Act during the six months preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (b) The Comptroller General shall conduct an annual audit on the payment of all claims made under this Act, and shall report to the committees described in subsection (a) on the results of this audit beginning not later than the expiration of the 1-year period beginning on the date of the enactment of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director such sums as are necessary to carry out this Act, to remain available until expended.", "summary": "Veterans Identity Protection Act or VIP Act - Establishes as an independent office in the executive branch the Office of Veterans Identity Protection Claims, headed by a Director, to receive, process, and pay claims for injuries suffered as a result of the unauthorized use, disclosure, or dissemination of identifying information stolen from the Department of Veterans Affairs (VA) or otherwise compromised as a result of a security breach. Authorizes judicial review of claim determinations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Hemisphere Traveler Improvement Act of 2007''. SEC. 2. CERTIFICATIONS. Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) is amended-- (1) in subparagraph (B)-- (A) in clause (v)-- (i) by striking ``process'' and inserting ``read''; and (ii) inserting ``at all ports of entry'' after ``installed''; (B) in clause (vi), by striking ``and'' at the end; (C) in clause (vii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(viii) a pilot program in which not fewer than 1 State has been initiated and evaluated to determine if an enhanced driver's license, which is machine-readable and tamper-proof, not valid for certification of citizenship for any purpose other than admission into the United States from Canada, and issued by such State to an individual, may permit the individual to use the individual's driver's license to meet the documentation requirements under subparagraph (A) for entry into the United States from Canada at the land and sea ports of entry; ``(ix) the report described in subparagraph (C) has been submitted to the appropriate congressional committees; ``(x) a study has been conducted to determine the number of passports and passport cards that will be issued as a consequence of the documentation requirements under subparagraph (A); and ``(xi) sufficient passport adjudication personnel have been hired or contracted-- ``(I) to accommodate-- ``(aa) increased demand for passports as a consequence of the documentation requirements under subparagraph (A); and ``(bb) a surge in such demand during seasonal peak travel times; and ``(II) to ensure that the time required to issue a passport or passport card is not anticipated to exceed 8 weeks.''; and (2) by adding at the end the following: ``(C) Report.--Not later than 180 days after the initiation of the pilot program described in subparagraph (B)(viii), the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a report, which includes-- ``(i) an analysis of the impact of the pilot program on national security; ``(ii) recommendations on how to expand the pilot program to other States; ``(iii) any appropriate statutory changes to facilitate the expansion of the pilot program to additional States and to citizens of Canada; ``(iv) a plan to scan individuals participating in the pilot program against United States terrorist watch lists; ``(v) an evaluation of and recommendations for the type of machine-readable technology that should be used in enhanced driver's licenses, based on individual privacy considerations and the costs and feasibility of incorporating any new technology into existing driver's licenses; ``(vi) recommendations for improving the pilot program; and ``(vii) an analysis of any cost savings for a citizen of the United States participating in an enhanced driver's license program as compared with participating in an alternative program.''. SEC. 3. SPECIAL RULE FOR MINORS. Section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding at the end the following new paragraph: ``(3) Special rule for minors.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall permit an individual to enter the United States without providing any evidence of citizenship if the individual-- ``(A)(i) is less than 16 years old; ``(ii) is accompanied by the individual's legal guardian; ``(iii) is entering the United States from Canada or Mexico; ``(iv) is a citizen of the United States or Canada; and ``(v) provides a birth certificate; or ``(B)(i) is less than 18 years old; ``(ii) is traveling under adult supervision with a public or private school group, religious group, social or cultural organization, or team associated with a youth athletics organization; and ``(iii) provides a birth certificate.''. SEC. 4. TRAVEL FACILITATION INITIATIVES. Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding at the end the following new subsections: ``(e) State Driver's License and Identification Card Enrollment Program.-- ``(1) In general.--Notwithstanding any other provision of law and not later than 180 days after the submission of the report described in subsection (b)(1)(C), the Secretary of State and the Secretary of Homeland Security shall issue regulations to establish a State Driver's License and Identity Card Enrollment Program as described in this subsection (hereinafter in this subsection referred to as the `Program') and which allows the Secretary of Homeland Security to enter into a memorandum of understanding with an appropriate official of each State that elects to participate in the Program. ``(2) Purpose.--The purpose of the Program is to permit a citizen of the United States who produces a driver's license or identity card that meets the requirements of paragraph (3) or a citizen of Canada who produces a document described in paragraph (4) to enter the United States from Canada by land or sea without providing any other documentation or evidence of citizenship. ``(3) Admission of citizens of the united states.--A driver's license or identity card meets the requirements of this paragraph if-- ``(A) the license or card-- ``(i) was issued by a State that is participating in the Program; and ``(ii) is tamper-proof and machine readable; and ``(B) the State that issued the license or card-- ``(i) has a mechanism to verify the United States citizenship status of an applicant for such a license or card; ``(ii) does not require an individual to include the individual's citizenship status on such a license or card; and ``(iii) manages all information regarding an applicant's United States citizenship status in the same manner as such information collected through the United States passport application process and prohibits any other use or distribution of such information. ``(4) Admission of citizens of canada.-- ``(A) In general.--Notwithstanding any other provision of law, if the Secretary of State and the Secretary of Homeland Security determine that an identity document issued by the Government of Canada or by the Government of a Province or Territory of Canada meets security and information requirements comparable to the requirements for a driver's license or identity card described in paragraph (3), the Secretary of Homeland Security shall permit a citizen of Canada to enter the United States from Canada using such a document without providing any other documentation or evidence of Canadian citizenship. ``(B) Technology standards.--The Secretary of Homeland Security shall work, to the maximum extent possible, to ensure that an identification document issued by Canada that permits entry into the United States under subparagraph (A) utilizes technology similar to the technology utilized by identification documents issued by the United States or any State. ``(5) Authority to expand.--Notwithstanding any other provision of law, the Secretary of State and the Secretary of Homeland Security may expand the Program to permit an individual to enter the United States-- ``(A) from a country other than Canada; or ``(B) using evidence of citizenship other than a driver's license or identity card described in paragraph (3) or a document described in paragraph (4). ``(6) Relationship to other requirements.--Nothing in this subsection shall have the effect of creating a national identity card or a certification of citizenship for any purpose other than admission into the United States as described in this subsection. ``(7) State defined.--In this subsection, the term `State' means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. ``(f) Waiver for Intrastate Travel.--The Secretary of Homeland Security shall accept a birth certificate as proof of citizenship for any United States citizen who is traveling directly from one part of a State to a noncontiguous part of that State through Canada, if such citizen cannot travel by land to such part of the State without traveling through Canada, and such travel in Canada is limited to no more than 2 hours. ``(g) Waiver of Pass Card and Passport Execution Fees.-- ``(1) In general.--Notwithstanding any other provision of law, during the 2-year period beginning on the date on which the Secretary of Homeland Security publishes a final rule in the Federal Register to carry out subsection (b), the Secretary of State shall-- ``(A) designate 1 facility in each city or port of entry designated under paragraph (2), including a State Department of Motor Vehicles facility located in such city or port of entry if the Secretary determines appropriate, in which a passport or passport card may be procured without an execution fee during such period; and ``(B) develop not fewer than 6 mobile enrollment teams that-- ``(i) are able to issue passports or other identity documents issued by the Secretary of State without an execution fee during such period; ``(ii) are operated along the northern and southern borders of the United States; and ``(iii) focus on providing passports and other such documents to citizens of the United States who live in areas of the United States that are near such an international border and that have relatively low population density. ``(2) Designation of cities and ports of entry.--The Secretary of State shall designate cities and ports of entry for purposes of paragraph (1)(A) as follows: ``(A) The Secretary shall designate not fewer than 3 cities or ports of entry that are 100 miles or less from the northern border of the United States. ``(B) The Secretary shall designate not fewer than 3 cities or ports of entry that are 100 miles or less from the southern border of the United States. ``(h) Cost-Benefit Analysis.--Prior to publishing a final rule in the Federal Register to carry out subsection (b), the Secretary of Homeland Security shall conduct a complete cost-benefit analysis of carrying out this section. Such analysis shall include analysis of-- ``(1) any potential costs of carrying out this section on trade, travel, and the tourism industry; and ``(2) any potential savings that would result from the implementation of the State Driver's License and Identity Card Enrollment Program established under subsection (e) as an alternative to passports and passport cards. ``(i) Report.--During the 2-year period beginning on the date that is the 3 months after the date on which the Secretary of Homeland Security begins implementation of subsection (b)(1)-- ``(1) the Secretary of Homeland Security shall submit to the appropriate congressional committees a report not less than once every 3 months on-- ``(A) the average delay at border crossings; and ``(B) the average processing time for a NEXUS card, FAST card, or SENTRI card; and ``(2) the Secretary of State shall submit to the appropriate congressional committees a report not less than once every 3 months on the average processing time for a passport or passport card. ``(j) Appropriate Congressional Committees Defined.--In this section, the term `appropriate congressional committees' means-- ``(1) the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and ``(2) the Committee on Appropriations, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.''. SEC. 5. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF THE WESTERN HEMISPHERE TRAVEL INITIATIVE. The intent of Congress in enacting section 546 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1386) was to prevent the Secretary of Homeland Security from implementing the plan described in section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) before the earlier of June 1, 2009, or the date on which the Secretary certifies to Congress that an alternative travel document, known as a passport card, has been developed and widely distributed to eligible citizens of the United States. SEC. 6. PASSPORT PROCESSING STAFF AUTHORITIES. (a) Reemployment of Civil Service Annuitants.--Section 61(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) is amended-- (1) in paragraph (1), by striking ``To facilitate'' and all that follows through ``, the Secretary'' and inserting ``The Secretary''; and (2) in paragraph (2), by striking ``2008'' and inserting ``2010''. (b) Reemployment of Foreign Service Annuitants.--Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) is amended-- (1) in paragraph (1)(B), by striking ``to facilitate'' and all that follows through ``Afghanistan,''; and (2) in paragraph (2), by striking ``2008'' and inserting ``2010''. SEC. 7. REPORT ON BORDER INFRASTRUCTURE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall submit to the appropriate congressional committees a report on the adequacy of the infrastructure of the United States to manage cross-border travel associated with the NEXUS, FAST, and SENTRI programs. Such report shall include consideration of-- (1) the ability of frequent travelers to access dedicated lanes for such travel; (2) the total time required for border crossing, including time spent prior to ports of entry; (3) the frequency, adequacy of facilities and any additional delays associated with secondary inspections; and (4) the adequacy of readers to rapidly read identity documents of such individuals. (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Appropriations, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.", "summary": "Western Hemisphere Traveler Improvement Act of 2007 - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to require as part of the certifications required prior to implementation of the western hemisphere travel initiative (Initiative), that: (1) a pilot program of at least one state has been initiated and evaluated to determine if an enhanced driver's license valid only for citizenship verification for U.S. entry from Canada meets documentation requirements; (2) a study has determined the number of passports and passport cards that will be required to be issued; and (3) sufficient passport adjudication personnel have been hired. Authorizes a person under 16 years old who is a U.S. or Canadian citizen to enter the United States with a birth certificate if the person: (1) is accompanied by the individual's legal guardian; and (2) is entering the United States from Canada or Mexico. Authorizes a person under 18 years old to enter the United States with a birth certificate if the person is traveling under adult supervision with a public or private school group, religious group, social or cultural organization, or a youth sports team. Directs the Secretary of State and the Secretary of Homeland Security to establish a state driver's license and identity card enrollment program to permit a U.S. citizen with a qualifying driver's license or identity card or a Canadian citizen with a qualifying comparable document to enter the United States from Canada by land or sea without providing other citizenship documentation. Authorizes program expansion to include other countries. Directs the Secretary of Homeland Security to accept a birth certificate as proof of citizenship for any U.S. citizen who is traveling from one part of a state to a noncontiguous part of that state through Canada if: (1) the citizen cannot travel by land to such part of the state without traveling through Canada; and (2) the travel in Canada is limited to no more than two hours. Directs the Secretary of State, during the two-year period beginning on the date on which the Secretary of Homeland Security publishes a final rule in the Federal Register to carry out the Initiative, to: (1) provide one facility in each of at least six designated cites or ports of entry in which a passport or passport card may be procured without an execution fee; and (2) develop at least six mobile teams along the U.S. northern and southern borders to issue passports or other identity documents without an execution fee. Requires the Secretary of Homeland Security to do a cost-benefit analysis of the Initiative prior to publishing such final rule. States that Congress' intent in enacting section 546 of the Department of Homeland Security Appropriations Act, 2007 was to prevent the Secretary of Homeland Security from implementing the Initiative before the earlier of June 1, 2009, or the date on which the Secretary certifies to Congress that an alternative travel document (passport card) has been developed and widely distributed to eligible U.S. citizens. Amends the State Department Basic Authorities Act of 1956 to extend passport processing authorities for civil service and foreign service annuitants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Encouraging Mortgage Modifications Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) mortgage modifications often afford the best opportunity to avoid foreclosures and provide long term, sustainable solutions for American homeowners; (2) reaching mortgage modification agreements with homeowners has been unacceptably slow and foreclosure rates continue to rise, with the number of homeowners forced into foreclosure double the number who receive modifications or repayment plans; (3) servicers have an obligation to protect the interests of investors when determining whether to offer a modification or repayment plan; (4) the best course of action for the investor pool as a whole may disadvantage the interests of individual classes of investors; (5) servicers have expressed concern that investor classes that are disproportionately disadvantaged by a modification or repayment plan may seek to hold the servicer liable; (6) without liability protection, many servicers will not be willing to take on the risk associated with approving a mortgage modification or repayment plan, and instead, they will eventually pursue foreclosure even though foreclosure costs can equal 50 percent or more of mortgage value; and (7) the net present value of a modified mortgage loan will almost always exceed the amount recouped by allowing the home to go into foreclosure. SEC. 3. LEGAL SAFE HARBOR FOR ENTERING INTO CERTAIN LOAN MODIFICATIONS OR WORKOUT PLANS. Section 6 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605) is amended-- (1) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (2) by inserting after subsection (h) the following: ``(i) Duty of Servicers Regarding Certain Loan Modifications or Workout Plans.-- ``(1) In general.--Notwithstanding any other provision of law, absent specific contractual provisions to the contrary, a servicer of pooled qualified residential mortgages-- ``(A) owes any duty to determine if the net present value of the payments on the loan, as modified, is likely to be greater than the anticipated net recovery that would result from foreclosure to all investors and parties having a direct or indirect interest in the pooled loans or securitization vehicle, but not to any individual party or group of parties; and ``(B) acts in the best interests of all such investors and parties, if the servicer agrees to or implements a qualified loan modification or workout plan for a qualified residential mortgage, or if, and only if, such efforts are unsuccessful or infeasible, takes other reasonable loss mitigation actions, including accepting partial payments or short sale of the property; and ``(C) if the servicer acts in a manner consistent with the duty set forth in subparagraphs (A) and (B), shall not be liable under any law or regulation of the United States, any State or any political subdivision of any State, for entering into a qualified loan modification or workout plan in any action filed by or on behalf of any person-- ``(i) based on the person's ownership of any interest in a residential mortgage, a pool of residential mortgage loans, or a securitization vehicle, that distributes payments out of the principal, interest, or other payment on loans in the pool; ``(ii) based on the person's obligation to make payments determined in reference to any loan or interest referred to in clause (i); or ``(iii) based on the person's obligation to insure any loan or any interest referred to in clause (i). ``(2) Definitions.--As used in this subsection-- ``(A) the term `qualified loan modification or workout plan' means a contract, modification, or plan relating to a qualified residential mortgage loan consummated on or after January 1, 2004, with respect to which-- ``(i) payment default on the loan or loans has occurred, is imminent, or is reasonably foreseeable; ``(ii) the dwelling securing the loan or loans is the primary residence of the owner; ``(iii) the servicer reasonably believes that the anticipated recovery under the loan modification or workout plan will exceed the anticipated recovery through foreclosure, on a net present value basis; ``(iv) the effective period runs for at least 5 years from the date of adoption of the plan, or until the borrower sells or refinances the property, if that occurs earlier; and ``(v) the borrower is not required to pay additional fees to the servicer; ``(B) the term `qualified residential mortgage' means a consumer credit transaction or loan that is secured by the consumer's principal dwelling; ``(C) the term `securitization vehicle' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and ``(D) the term `servicer'-- ``(i) means the person responsible for servicing of a loan (including the person who makes or holds a loan, if such person also services the loan); and ``(ii) includes the entities listed in subparagraphs (A) and (B) of subsection (j)(2). ``(3) Effective period.--This subsection shall apply only with respect to qualified loan modification or workout plans initiated during the 6-month period beginning on the date of enactment of this subsection. ``(4) Rule of construction.--Nothing in this subsection may be construed to limit the ability of a servicer to enter into a loan modification or workout plan other than a qualified loan modification or workout plan covered by this subsection.''.", "summary": "Encouraging Mortgage Modifications Act of 2008 - Amends the Real Estate Settlement Procedures Act of 1974 to set forth duties of mortgage servicers regarding certain loan modifications or workout plans that affect pooled qualified residential mortgages. Specifies among such duties the duty to: (1) determine if the net present value of the payments on the modified loan is likely to be greater than the anticipated net recovery that would result from foreclosure to all investors and parties having a direct or indirect interest in the pooled loans or securitization vehicle; and (2) act in the best interests of all such investors and parties, if the servicer agrees to or implements a qualified loan modification or workout plan for a qualified residential mortgage, or takes other reasonable loss mitigation actions, including accepting partial payments or short sale of the property, if such efforts are unsuccessful or infeasible. Shields from liability a servicer who enters into a qualified loan modification or workout plan if the servicer acts in a manner consistent with such duties."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``IMF Reform Act of 2000''. SEC. 2. REFORMS OF THE INTERNATIONAL MONETARY FUND. (a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286- 286nn) is amended by adding at the end the following: ``SEC. 63. REFORMS OF THE INTERNATIONAL MONETARY FUND. ``(a) Annual Reports.-- ``(1) Contents.--The Secretary of the Treasury shall submit annually to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a written report on whether the Fund has complied with the requirements of subsection (b) throughout the 12-month period covered by the report. If, during such period, the Fund has instituted a quota increase, the report shall document the reasons why it is not feasible for the Fund to obtain sufficient funds from the private sector. ``(2) Effects of failure to submit report or failure to certify imf compliance with requirements.--If the Secretary of the Treasury fails to submit the report for a 12-month period before the beginning of the first fiscal year that begins after the end of the 12-month period, or if the report submitted pursuant to this section fails to comply with the preceding sentence or fails to certify that the Fund has complied with each requirement of subsection (b) throughout the 12-month period, then subsection (c) shall apply for such fiscal year. ``(b) Requirements.--The requirements of this subsection are the following: ``(1) Market interest rates.--The Fund is prohibited from charging, and does not charge, interest on any loan unless the interest rate is-- ``(A) except as provided in subparagraph (B), comparable to the rates of interest in the financial markets, adjusted for risk; and ``(B) is not less than 400 basis points greater than the London InterBank Offered Rate. ``(2) 1-year loan maturity.--The Fund is prohibited from making, and has not made, a loan with a maturity of more than 1 year after the date on which made. ``(3) Loans only to address currency crises.--The Fund is prohibited from making, and does not make, a loan except for the purpose of addressing a currency crisis. ``(4) Termination of esaf.--The Fund has abolished the Enhanced Structural Adjustment Facility of the Fund. ``(5) Release and reorganization of operational budgets.-- The Fund is required to, and does, publish each operational budget of the Fund, with any information that could disrupt financial markets or affect adversely the national security of any country redacted, and is required to, and does, reorganize and restate the publicly available financial statements of the Fund in a manner consistent with the Fund's code of good practices, and with the principles of transparency and accountability. ``(6) No loans for countries falsifying loan documents.-- The Fund is prohibited from making, and has not made, a loan to or for the benefit of the government of any country which the Secretary of the Treasury or the Fund has found during the preceding 5 years to have falsified any item of information on any loan documentation submitted to the Fund. In addition, the Fund is required to institute, and has implemented, accounting controls and safeguards to curb potential misuse of loans by borrowers, and in any case in which the controls and safeguards are considered insufficient to prevent such a misuse, the Fund is prohibited from making, and has not made, a loan. ``(7) Exhaustion of opportunities for private borrowing before instituting quota increase.--The Fund is required to exhaust, and has exhausted, all feasible opportunities to borrow from the private sector before instituting a quota increase for the member countries of the Fund. ``(c) Withdrawal of Authority To Make Loans to the Fund; Reduction of Reserve Tranche Position of the United States.--If this subsection applies for a fiscal year-- ``(1) the Secretary of the Treasury may not make a loan under section 17 during the fiscal year; and ``(2) the Secretary of the Treasury shall cause the reserve tranche position of the United States at the Fund to be maintained at a level that is not more than $5,000,000,000 less than the lesser of-- ``(A) in the case of the first fiscal year for which this subsection applies, the level of the reserve tranche position immediately before this subsection applies; or ``(B) in the case of any other fiscal year, the level at which this subsection required the reserve tranche position to be maintained during the most recent prior fiscal year for which this subsection applied.''. (b) Effective Date.--The amendment made by this section shall take effect 3 years after the date of the enactment of this section. SEC. 3. END OF UNITED STATES PARTICIPATION IN AND SUPPORT FOR THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND. (a) Prohibition on Future Funding.--No officer, employee, or agent of the United States may, directly or indirectly, provide any thing of value to the International Monetary Fund for the purpose of providing resources to, or supporting the activities of the Enhanced Structural Adjustment Facility or other concessional lending facility of the International Monetary Fund. (b) Veto of Use of Available Funds.--Section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is further amended by adding at the end the following: ``The director appointed to represent the United States at the Fund shall use every effort to terminate the Enhanced Structural Adjustment Facility of the Fund within one year after the date of the enactment of this sentence. No director appointed to represent the United States at the Fund shall vote for any proposal to use resources of the Enhanced Structural Adjustment Facility of the Fund for any purpose, except for a proposal to abolish the Facility and return any remaining resources to the member countries of the Fund in proportion to the quotas of such countries during calendar year 1975, or to General Resources of the Fund.''.", "summary": "Declares that the Secretary, if he or she fails to report or if the report fails to certify that the Fund has complied with the requirements of this Act, shall: (1) not make any foreign loans; and (2) cause the reserve tranche position of the United States at the Fund to be maintained at a certain level. Prohibits any U.S. officer or employee from providing any thing of value to the Fund for the purpose of providing resources to, or supporting the activities of the Facility or any other concessional lending facility of the Fund. Requires the U.S. director at the Fund to use every effort to terminate the Enhanced Structural Adjustment Facility."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia College Access Improvement Act of 2002''. SEC. 2. PUBLIC SCHOOL PROGRAM. Section 3(c)(2) of the District of Columbia College Access Act of 1999 (sec. 38-2702(c)(2), D.C. Official Code) is amended by striking subparagraphs (A) through (C) and inserting the following: ``(A)(i) in the case of an individual who begins an undergraduate course of study within 3 calendar years (excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation from a secondary school, or obtaining the recognized equivalent of a secondary school diploma, was domiciled in the District of Columbia for not less than the 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; ``(ii) in the case of an individual who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, and is currently enrolled at an eligible institution as of the date of enactment of the District of Columbia College Access Improvement Act of 2002, was domiciled in the District of Columbia for not less than the 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; or ``(iii) in the case of any other individual and an individual re-enrolling after more than a 3-year break in the individual's post-secondary education, has been domiciled in the District of Columbia for at least 5 consecutive years at the date of application; ``(B)(i) graduated from a secondary school or received the recognized equivalent of a secondary school diploma on or after January 1, 1998; ``(ii) in the case of an individual who did not graduate from a secondary school or receive a recognized equivalent of a secondary school diploma, is accepted for enrollment as a freshman at an eligible institution on or after January 1, 2002; or ``(iii) in the case of an individual who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, is currently enrolled at an eligible institution as of the date of enactment of the District of Columbia College Access Improvement Act of 2002; ``(C) meets the citizenship and immigration status requirements described in section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(5));''. SEC. 3. PRIVATE SCHOOL PROGRAM. Section 5(c)(1)(B) of the District of Columbia College Access Act of 1999 (sec. 38-2704(c)(1)(B), D.C. Official Code) is amended by striking ``the main campus of which is located in the State of Maryland or the Commonwealth of Virginia''. SEC. 4. GENERAL REQUIREMENTS. Section 6 of the District of Columbia College Access Act of 1999 (sec. 38-2705, D.C. Official Code) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Administrative Expenses.-- ``(1) In general.--The Mayor of the District of Columbia may not use more than 7 percent of the total amount of Federal funds appropriated for the program, retroactive to the date of enactment of this Act (the District of Columbia College Access Act of 1999), for the administrative expenses of the program. ``(2) Definition.--In this subsection, the term `administrative expenses' means any expenses that are not directly used to pay the cost of tuition and fees for eligible students to attend eligible institutions.''; (2) by redesignating subsections (e) and (f) as subsections (f) and (g); (3) by inserting after subsection (d) the following: ``(e) Local Funds.--It is the sense of Congress that the District of Columbia may appropriate such local funds as necessary for the programs under sections 3 and 5.''; and (4) by adding at the end the following: ``(h) Dedicated Account for Programs.-- ``(1) Establishment.--The District of Columbia government shall establish a dedicated account for the programs under sections 3 and 5 consisting of the following amounts: ``(A) The Federal funds appropriated to carry out such programs under this Act or any other Act. ``(B) Any District of Columbia funds appropriated by the District of Columbia to carry out such programs. ``(C) Any unobligated balances in amounts made available for such programs in previous fiscal years. ``(D) Interest earned on balances of the dedicated account. ``(2) Use of funds.--Amounts in the dedicated account shall be used solely to carry out the programs under sections 3 and 5.''. SEC. 5. CONTINUATION OF CURRENT AGGREGATE LEVEL OF AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The District of Columbia College Access Act of 1999 (sec. 38-2701 et seq., D.C. Official Code) is amended by adding at the end the following new section: ``SEC. 7. LIMIT ON AGGREGATE AMOUNT OF FEDERAL FUNDS FOR PUBLIC SCHOOL AND PRIVATE SCHOOL PROGRAMS. ``The aggregate amount authorized to be appropriated to the District of Columbia for the programs under sections 3 and 5 for any fiscal year may not exceed-- ``(1) $17,000,000, in the case of the aggregate amount for fiscal year 2003; ``(2) $17,000,000, in the case of the aggregate amount for fiscal year 2004; or ``(3) $17,000,000, in the case of the aggregate amount for fiscal year 2005.''. (b) Conforming Amendments.-- (1) Public school program.--Section 3(i) of such Act (sec. 38- 2702(i), D.C. Official Code) is amended by striking ``and such sums'' and inserting ``and (subject to section 7) such sums''. (2) Private school program.--Section 5(f) of such Act (sec. 38- 2704(f), D.C. Official Code) is amended by striking ``and such sums'' and inserting ``and (subject to section 7) such sums''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "District of Columbia College Access Improvement Act of 2001 - Revises eligibility requirements for tuition assistance under the District of Columbia College Access Act of 1999 (the Act) to allow the following to be eligible for such assistance: (1) applicants who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, and are currently enrolled at an eligible institution as of the enactment of this Act, and were domiciled in the District of Columbia for not less than 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; (2) applicants re-enrolling after more than a three-year break in their post-secondary education who have been domiciled in the District for at least five consecutive years at the application date; (3) applicants who did not graduate from a secondary school or receive a recognized equivalent of a secondary school diploma, but are accepted for enrollment as a freshman at an eligible institution on or after January 1, 2002; and (4) applicants who graduated from a secondary school or received the recognized equivalent of such school diploma before January 1, 1998 and are currently enrolled at an eligible institution as of the enactment of this Act. Requires all eligible students to meet the citizenship and immigration status requirements described in the Higher Education Act of 1965.Amends the Act: (1) to allow individuals who attend private historically black colleges and universities (HBCUs) nationwide (currently, HBCUs whose main campuses are located in Maryland and Virginia) to participate in such Tuition Assistance Program; and (2) to prohibit the Mayor from using more than seven percent of the total amount of Federal funds appropriated for such Program, retroactive to the Act's enactment, for the Program's administrative expenses.Expresses the sense of Congress that the District of Columbia may appropriate such local funds as necessary for the Program.Requires the District government to establish a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal years. Authorizes the use of such funds to help pay the cost of tuition and fees for eligible students to attend eligible institutions if the fiscal year appropriation for that year is insufficient to cover the cost of tuition and fees for that year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Heroes Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Each State has chosen statues of 2 local heroes to exhibit in the Capitol. (2) Most of these heroes depict figures who lived during the early years of the Nation's history. (3) The completion of the construction of the Capitol Visitor Center will increase the size of the public space inside the Capitol complex, making more space available in which statues of noteworthy Americans should be displayed. (4) On September 11, 2001, the passengers of United Airlines flight number 93 made a unique contribution which helped to protect the Capitol from attack. SEC. 3. STATE HERO DESIGNATION. (a) In General.--Each State may provide 1 statue of an individual representing that State which shall be displayed in the Capitol Visitor Center. (b) Criteria for Heroes.--The statues displayed in the Capitol Visitor Center shall be depictions of individuals who participated in the life of the State they represent in ways that will inspire young Americans to embrace the ideals of the United States as reflected in the Constitution. (c) Selection of Heroes.--No statue shall be displayed in the Capitol Visitor Center unless the individual depicted in the statue was selected in the manner described in section 4. (d) American Hero Administrator.-- (1) In general.--The Clerk of the House of Representatives and the Secretary of the Senate shall jointly assign to 1 of their employees the post of the American Hero Administrator, with such term as agreed upon by the Clerk and the Secretary. (2) Statue guidelines.--The American Hero Administrator shall prepare guidelines establishing the size, weight, and other necessary restrictions to be placed on the statues to be displayed in the Capitol Visitor Center under this Act. SEC. 4. STATE AMERICAN HERO COMMISSIONS. (a) In General.--In order for a statue provided by a State to be placed in the Capitol Visitor Center under this Act, the State shall establish an American Hero Commission to select the individual to represent that State. (b) Duties of the Commission.-- (1) Selection of heroes.--Each American Hero Commission shall choose, by a majority vote, after considering any suggestions submitted under subsection (b), the individual whose statue will represent the State of that Commission. (2) Commission and delivery of statue.--Each American Hero Commission shall commission an artist to design and create the statue and shall arrange for the delivery of the statue to the Capitol Visitor Center. (3) Procurement of funds.--Each American Hero Commission shall raise private or State funds to pay for the cost of commissioning the statue and delivering it to the Capitol Visitor Center. (c) Commissioners.-- (1) Appointment.--Each American Hero Commission shall be comprised of commissioners who are appointed by Members of Congress. (2) Number.--Each Member of Congress shall appoint 1 commissioner to the American Hero Commission for that Member's State so that the total number of commissioners shall be equal to the number of Senators plus the number of Members of the House of Representatives for the State. (3) Qualifications.--Commissioners shall be individuals who are respected in their communities and who are residents in good standing of the State represented by the appointing Member. (4) Compensation.--Commissioners shall serve on the American Hero Commission without compensation. (5) Administration.--The commissioners of each American Hero Commission shall establish the rules, meeting schedules, and deadlines that they consider appropriate in carrying out their duties. (d) Consultation of Essays.-- (1) Request for essays.--Each American Hero Commission shall ask that young people who are between the ages of 14 and 18 and who live in the State to write essays suggesting individuals to represent the State in a statue displayed in the Capitol Visitor Center under this Act and to submit the essays to the Commission. (2) Consultation.--In determining who will represent their State, the commissioners of each American Hero Commission shall consider any individuals suggested in the essays submitted under paragraph (1). SEC. 5. STATUE HONORING THE PASSENGERS OF FLIGHT 93. (a) Procurement and Installation of Statue.--The Architect of the Capitol shall procure and install a statue honoring the passengers of United Airlines flight number 93 who died on September 11, 2001 for their heroic role in protecting Washington, DC from attack. (b) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section.", "summary": "American Heroes Act - Authorizes each State to provide one statue of an individual representing that State to be displayed in the Capitol Visitor Center. Specifies criteria for such statues. Requires the Clerk of the House of Representatives and the Secretary of the Senate to assign jointly to one of their employees the post of the American Hero Administrator to prepare statue guidelines. Requires: (1) a State to establish an American Hero Commission to select the individual to represent that State; and (2) the Architect of the Capitol to procure and install a statue honoring the passengers of United Airlines flight number 93 who died on September 11, 2001, for their heroic role in protecting Washington, D.C. from attack."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Fairness Act of 1996''. SEC. 2. DISCRIMINATION PROHIBITED. A covered entity shall not subject an individual to different standards or treatment on any basis other than factors pertaining to job performance in connection with employment or employment opportunities, or beginning on the 91st day of employment following hire or rehire, the compensation, terms conditions, or privileges of employment. SEC. 3. QUOTAS PROHIBITED. A covered entity shall not adopt or implement a quota pursuant to this Act on any basis other than factors pertaining to job performance. SEC. 4. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to religious organizations. (b) For-Profit Activities.--This Act shall apply with respect to employment and employment opportunities that relate to any employment position that pertains solely to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986. SEC. 5. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act in the case of a claim alleged by an individual for a violation of this Act-- (1) the Commission shall have the same powers as the Commission has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (4) the Attorney General of the United States shall have the same powers as the Attorney General has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, and (5) the courts of the United States shall have the same jurisdiction and powers as such courts have to enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act, and (C) the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (b) Procedures and Remedies.--The procedures and remedies applicable to a claim alleged by an individual for a violation of this Act are-- (1) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (2) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by such individual for a violation of such section, and (3) the procedures and remedies applicable for a violation of section 201(a)(1) of Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of such section. (c) Other Applicable Provisions.--With respect to claims alleged by covered employees (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for violations of this Act, title III of the Congressional Accountability Act of 1995 shall apply in the same manner as such title applies with respect to a claims alleged by such covered employees for violations of section 201(a)(1) of such Act. SEC. 7. STATE AND FEDERAL IMMUNITY. (a) State Immunity.--A State shall not be immune under the eleventh article of amendment to the Constitution of the United States from an action in a Federal court of competent jurisdiction for a violation of this Act. In an action against a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies are available in an action against any public or private entity other than a State. (b) Liability of the United States.--The United States shall be liable for all remedies (excluding punitive damages) under this Act to the same extent as a private person and shall be liable to the same extent as a nonpublic party for interest to compensate for delay in payment. SEC. 8. ATTORNEYS' FEES. In any action or administrative proceeding commenced pursuant to this Act, the court or the Commission, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including expert fees and other litigation expenses, and costs. The United States shall be liable for the foregoing the same as a private person. SEC. 9. POSTING NOTICES. A covered entity shall post notices for employees, and for applicants for employment, describing the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 10). SEC. 10. REGULATIONS. The Commission shall have authority to issue regulations to carry out this Act. SEC. 11. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual under title VII of the Civil Rights Act of 1964, or any other Federal law or any law of a State or political subdivision of a State. SEC. 12. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 13. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act and shall not apply to conduct occurring before such effective date. SEC. 14. DEFINITIONS. As used in this Act: (1) The term ``Commission'' means the Equal Employment Opportunity Commission. (2) The term ``covered entity'' means an employer, employment agency, labor organization, joint labor management committee, an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an employing authority to which section 201(a) of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) applies. (3) The term ``employer'' has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)), except that a reference in such section to employees shall be deemed for purposes of this Act to be a reference to full-time employees. (4) The term ``employment agency'' has the meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (5) The term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (6) The term ``labor organization'' has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (7) The term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (8) The term ``factors pertaining to job performance'' means-- (A) employment history, including referrals from previous employers, (B) ability and willingness to comply with the performance requirements (including attendance and procedures) of the particular employment involved, (C) educational background, (D) any use of a drug or of alcohol, that may adversely affect job performance, (E) any conviction of an offense for which a term of imprisonment exceeding 1 year could have been imposed, (F) any conflict of interest relating to the particular employment involved, (G) seniority recognized under an applicable bona fide seniority system, (H) ability to work well with others (cooperation and teamwork), and (I) insubordination. (9) The term ``religious organization'' means-- (A) a religious corporation, association, or society, or (B) a college, school, university, or other educational institution, not otherwise a religious organization, if-- (i) it is in whole or substantial part controlled, managed, owned, or supported by a religious corporation, association, or society, or (ii) its curriculum is directed toward the propagation of a particular religion. (10) The term ``State'' has the meaning given such term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).", "summary": "Workplace Fairness Act of 1996 - Prohibits employment discrimination on any basis other than job performance by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Prohibits quotas. Declares that this Act does not apply to religious organizations (except in their for-profit activities). Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Requires posting notices for employees and applicants. Sets forth factors that pertain to job performance, including ability and willingness to comply with performance requirements (including attendance and procedures), any use of a drug or of alcohol that may adversely affect job performance, any conviction of an offense for which a term of imprisonment exceeding one year could have been imposed, and the ability to work well with others."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Wage Act''. SEC. 2. MINIMUM WAGE INCREASES. (a) Minimum Wage.-- (1) In general.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $8.00 an hour, beginning 30 days after the date of enactment of the Fair Wage Act or January 1, 2017, whichever date is earlier; ``(B) $9.00 an hour, beginning 1 year after the date the wage specified in subparagraph (A) takes effect; ``(C) $10.00 an hour, beginning 2 years after such date; ``(D) $11.00 an hour, beginning 3 years after such date; ``(E) $12.00 an hour, beginning 4 years after such date; ``(F) $13.00 an hour, beginning 5 years after such date; ``(G) $14.00 an hour, beginning 6 years after such date; ``(H) $15.00 an hour, beginning 7 years after such date; and ``(I) beginning 8 years after such date, and annually thereafter, the amount determined by the Secretary pursuant to subsection (h).''. (2) Determination based in increase in consumer price index.--Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h)(1) Each year, by not later than the date that is 90 days before a new minimum wage determined under subsection (a)(1)(I) is to take effect, the Secretary shall determine the minimum wage to be in effect pursuant to this subsection for the subsequent 1-year period. The wage determined pursuant to this subsection for a year shall be-- ``(A) not less than the amount in effect under subsection (a)(1) on the date of such determination; ``(B) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and ``(C) rounded to the nearest multiple of $0.05. ``(2) In calculating the annual percentage increase in the Consumer Price Index for purposes of paragraph (1)(B), the Secretary shall compare such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively.''. (b) Publication of Notice.--Section 6 of the Fair Labor Standards Act of 1938 (as amended by subsection (a)) (29 U.S.C. 206) is further amended by adding at the end the following: ``(i) Not later than 60 days prior to the effective date of any increase in the minimum wage determined under subsection (h), the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing the adjusted required wage.''. SEC. 3. CREDIT AGAINST EMPLOYMENT TAXES OF CERTAIN EMPLOYERS WHO PAY MORE THAN THE FEDERAL MINIMUM WAGE. (a) In General.--Subchapter B of chapter 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 3113. CREDIT FOR CERTAIN EMPLOYERS WHO PAY MORE THAN THE FEDERAL MINIMUM WAGE. ``(a) In General.--In the case of a qualified employer, there shall be allowed as a credit against the tax imposed under section 3111 an amount equal to 6.2 percent of the wages paid by such employer to qualified employees during the calendar year. ``(b) Qualified Employer.--For purposes of this section, the term `qualified employer' means any employer for any calendar year if the lowest hourly wage paid by such employer to the lowest paid employee of such employer (determined on an hourly basis) exceeds the minimum hourly wage in effect for such calendar year under section 6(a)(1) of the Fair Labor Standards Act of 1938 by $1 or more per hour. ``(c) Qualified Employee.--For purposes of this section, the term `qualified employee' means any employee of a qualified employer if-- ``(1) such employee is compensated in wages on an hourly basis, and ``(2) such hourly wage is-- ``(A) not less than $1 more per hour than the minimum hourly wage in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938, ``(B) not more than $15 per hour, and ``(C) in the case of any employee employed by such employer in any preceding calendar year, greater than the highest hourly wage paid by such employer to such employee during any such preceding calendar year. ``(d) Special Rules.--Wages shall be taken into account in determining the amount of the credit allowed under subsection (a) only if such wages are paid by the employer-- ``(1) with respect to employment (as defined in section 3121(b)), and ``(2) in the ordinary course of the employer's trade or business.''. (b) Trust Funds Held Harmless.--The amount of any transfer, appropriation, or credit to any trust fund shall be determined without regard to the amendment made by subsection (a). (c) Effective Date.--The amendment made by subsection (a) shall apply to wages paid after the date that is 30 days after the date of enactment of this Act or January 1, 2017, whichever date is earlier.", "summary": "Fair Wage Act This bill amends the Fair Labor Standards Act of 1938 to increase the federal minimum wage for employees to: $8.00 an hour 30 days after this Act's enactment date or January 1, 2017, whichever date is earlier; $9.00 an hour, one year after the date the $8.00 an hour wage takes effect; $10.00 an hour, after two years; $11.00 an hour, after three years; $12.00 an hour, after four years; $13.00 an hour, after five years; $14.00 an hour, after six years; $15.00 an hour, after seven years; and the amount determined by the Department of Labor (based on increases in the Consumer Price Index) eight years after such date and annually thereafter. The bill directs Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on Labor's website. The bill amends the Internal Revenue Code to allow an employer who pays at least $1 more per hour than the federal minimum wage, but not more than $15 per hour, a credit against the employment tax equal to 6.2% of wages paid by such employer during the calendar year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Openness Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) it is often burdensome, difficult, and time-consuming for citizens to obtain timely access to public records of the United States Congress; (2) congressional documents that are placed in the Congressional Record are made available to the public electronically by the Superintendent of Documents under the direction of the Public Printer; (3) other congressional documents are also made available electronically on websites maintained by Members of Congress and committees of the Senate and the House of Representatives; (4) a wide range of public records of the Congress remain inaccessible to the public; (5) the public should have easy and timely access, including electronic access, to public records of the Congress; (6) the Congress should use new technologies to enhance public access to public records of the Congress; and (7) an informed electorate is the most precious asset of any democracy. (b) Purpose.--The purposes of this Act are-- (1) to foster democracy by ensuring public access to public records of the Congress; (2) to improve public access to public records of the Congress; and (3) to enhance the electronic public access, including access via the Internet, to public records of the Congress. SEC. 3. AVAILABILITY OF CERTAIN CRS INFORMATION. (a) Availability of Information.-- (1) In general.--The Director of the Congressional Research Service shall make available through a centralized electronic database, for purposes of access and retrieval by the public under section 5 of this Act, all information described in paragraph (2) that is available through the Congressional Research Service website. (2) Information to be made available.--The information to be made available under paragraph (1) is: (A) Congressional Research Service Issue Briefs. (B) Congressional Research Service Reports that are available to Members of Congress through the Congressional Research Service website. (C) Congressional Research Service Authorization of Appropriations Products and Appropriations Products. (b) Limitations.-- (1) Confidential information.--Subsection (a) does not apply to-- (A) any information that is confidential, as determined by-- (i) the Director; or (ii) the head of a Federal department or agency that provided the information to the Congressional Research Service; or (B) any documents that are the product of an individual, office, or Committee research request (other than a document described in section 3(a)(2)). (2) Redaction and revision.--In carrying out this section, the Director of the Congressional Research Service may-- (A) remove from the information required to be made available under subsection (a) the name and phone number of, and any other information regarding, an employee of the Congressional Research Service; (B) remove from the information required to be made available under subsection (a) any material for which the Director determines that making it available under subsection (a) may infringe the copyright of a work protected under title 17, United States Code; and (C) make any changes in the information required to be made available under subsection (a) that the Director determines necessary to ensure that the information is accurate and current. (c) Time.--The Director of the Congressional Research Service shall make available all information required under this section no earlier than 30 days and no later than 40 days after the date on which the information is first made available to Members of Congress through the Congressional Research Service web site. (d) Manner.--The Director of the Congressional Research Service shall make information required to be made available under this section in a manner that-- (1) is practical and reasonable; and (2) does not permit the submission of comments from the public. SEC. 4. PUBLIC RECORDS OF THE CONGRESS. (a) Senate.--The Secretary of the Senate, through the Office of Public Records and in accordance with such standards as the Secretary may prescribe, shall make available on the Internet for purposes of access and retrieval by the public: (1) Lobbyist disclosure reports.--Lobbyist disclosure reports required by the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) within 90 days (Saturdays, Sundays, and holidays excepted) after they are received. (2) Gift rule disclosure reports.--Senate gift rule disclosure reports required under paragraph 2 and paragraph 4(b) of rule XXXV of the Standing Rules of the Senate within 5 days (Saturdays, Sundays, and holidays excepted) after they are received. (b) Directory.--The Superintendent of Documents, under the direction of the Public Printer in the Government Printing Office, shall include information about the documents made available on the Internet under this section in the electronic directory of Federal electronic information required by section 4101(a)(1) of title 44, United States Code. SEC. 5. METHOD OF ACCESS. (a) In General.--The information required to be made available to the public on the Internet under this Act shall be made available as follows: (1) CRS information.--Public access to information made available under section 3 shall be provided through the websites maintained by members and committees of the Senate. The Director of the Congressional Research Service shall work with the Sergeant-at-Arms of the Senate to carry out this paragraph. (2) Public records.--Public access to information made available under section 4 by the Secretary of the Senate's Office of Public Records shall be provided through the United States Senate website. (b) Editorial Responsibility for CRS Reports Online.--The Director of the Congressional Research Service is responsible for maintaining and updating the information made available on the Internet under section 3, and shall have sole discretion to edit that information under this Act. (c) Further Approval Not Required.--Notwithstanding any other provision of law to the contrary, the Director of the Congressional Research Service shall make the information required to be made available under section 3 of this Act without the prior approval of the Senate Committee on Rules and Administration, the Committee on House Oversight of the House of Representatives, or the Joint Committee on Printing. SEC. 6. CONGRESSIONAL COMMITTEE MATERIALS. It is the sense of the Senate that each standing and special committee of the Senate and each Joint Committee of the Congress, in accordance with such rules as the committee may adopt, should provide access via the Internet to publicly-available committee information, documents, and proceedings, including bills, reports, and transcripts of committee meetings that are open to the public.", "summary": "Congressional Openness Act - Requires the Director of the Congressional Research Service (CRS) to make accessible to the public via a centralized electronic database all information available through the CRS web site that is not confidential nor the product of an individual, office, or committee research request, including all CRS issue briefs, reports, and authorization or appropriations products. Requires the information to be made accessible between 30 and 40 days after it is first available to Members of Congress through the CRS web site. Directs the Secretary of the Senate, through the Office of Public Records, to make the following information available on the Internet for purposes of access and retrieval by the public: (1) lobbyist disclosure reports, within 90 days (Saturdays, Sundays, holidays excepted) after they are received; and (2) gift rule disclosure reports, within five days (Saturdays, Sundays, holidays excepted) after they are received. Requires the Superintendent of Documents, under the direction of the Public Printer in the Government Printing Office, to include information about such available documents in the electronic directory of Federal electronic information. Requires public access to: (1) the CRS information through the websites maintained by members and committees of the Senate; and (2) the lobbyist and gift rule disclosure reports through the U.S. Senate website. Makes the CRS Director responsible for maintaining, updating, and editing the information made available on the Internet under this Act. Allows the Director to make such information available without the prior approval of specified congressional committees. Expresses the sense of the Senate that each standing and special committee of the Senate and each Joint Committee of the Congress should provide access via the Internet to publicly available committee information, documents, and proceedings, including bills, reports, and transcripts of committee meetings that are open to the public."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners Empowerment and Protection Act of 1995''. SEC. 2. FINDINGS. The Congress finds and declares that-- (1) there are 65,000,000 homeowners in the United States, representing approximately two-thirds of all households, who have a strong and justified interest in preserving and enhancing the value of their property; (2) the value of a homeowner's home is based in large part on the location of the property relative to other features of the built and natural environment, and the increase or decrease in the value of a home over time is inextricably linked to changes in the quality of the neighborhood and environment in which the home is located, including but not limited to the quality of the water for drinking, fishing, and swimming, the clarity and healthfulness of the air, the risk of flooding, the scenic beauty of the community, the presence or absence of offensive odors and excessive noise, the health and abundance of wildlife resources, and other factors; (3) the value of homes in the United States is frequently reduced, and sometimes destroyed, by certain types of land development, industrial activity, and other actions that occur on neighboring properties or at other locations, including sites upwind, upstream, or upslope from private homes; (4) protecting private homeowners from the adverse affects of irresponsible actions of certain entities and individuals which cause injury to homeowners' property values is important not only to homeowners but also to their communities and society as a whole; and (5) current public information and participation procedures are often insufficient to provide individual homeowners with notice of activities and the opportunity to effectively participate in decisionmaking procedures that have the potential to significantly affect the value of their homes. SEC. 3. HOMEOWNER RIGHT OF ACCESS TO INFORMATION ABOUT ACTIVITIES THAT COULD REDUCE THE VALUE OF THEIR HOMES. (a) Notice.-- (1) General requirement.--Within 90 days after the enactment of this Act, the Director of the Office of Management and Budget shall establish uniform Federal procedures applicable to all agencies under this section. In accordance with such procedures, each agency shall require any person required to file any application to conduct property impacting activity with the agency to provide the notice described in this section. The Director shall designate a lead agency in the case of any application under this section that involves more than one agency. (2) Application to conduct property impacting activity.-- For purposes of this section, the term an ``application to conduct property impacting activity'' means an application for a permit, license, or other approval form, or contract, lease, or other arrangement, with an agency, that would authorize the applicant, pursuant to Federal law, to conduct an activity that generates pollutants or produces other adverse impacts with the potential to reduce the value of any private home. (3) Homeowners required to receive notice.--The notice under this section shall be provided by delivery, by certified mail, of individual written notice to each homeowner whose property lies within \\1/4\\ mile of the perimeter of the site at which the activity that is the subject of the application will be carried out. The applicant shall also publish notice under this subsection at least 3 times in the newspapers of general circulation in the affected community. The agency may also provide notice under this subsection by mail to the owner of any home identified by the agency as reasonably likely to suffer a reduction in value as a result of the proposed activity. (4) Notice contents.--The notice referred to in paragraph (2) shall describe the nature of the application to conduct property impacting activity, the potential impacts of the proposed activity on the value of private homes, potential impacts on homeowners and other members of the public, the name and telephone number of the applicant and an agency representative assigned to provide further information about the application, and any opportunities available for homeowner or other affected members of the public to comment on the proposed activity. (b) Public Response; Identification of Alternatives to Reduce Property Impacts.--In addition to and not in lieu of any other procedures established by law, each agency shall establish a toll-free telephone number which homeowners may call to register concerns about the potential effects on property values of an application for a proposed activity or to request additional information concerning applications to conduct property impacting activities filed with the agency and opportunities to submit public comment. If requested by an applicant or any homeowner whose property is reasonably likely to suffer a reduction in value as a result of the activity to be authorized by such application, the agency shall thoroughly investigate the potential impact of the proposed activity on the value of private homes, and seek to identify alternatives to the proposed action which reduce the adverse effects on the value of private homes. SEC. 4. HOMEOWNER RIGHT OF ACTION. (a) Right of Action.--Whenever any person has carried out any activity that-- (1) is authorized (or required to be authorized) by a permit, license, or other approval issued by an agency or pursuant to Federal law to such person, or by a contract, lease, or other arrangement between such person and an agency, and (2) generates pollutants or produces other adverse impacts that cause or significantly contribute to a total reduction in the value of one or more private homes of $10,000 or more, any owner of a private home, the value of which is reduced by such activity, may commence an action against such person under this section. (b) Notice of Intent to Sue and Voluntary Claim Resolution Procedures.--At least 30 days prior to filing an action under this section, a homeowner shall deliver a notice of intent to sue to the defendant and to the head of the agency to which the application to conduct property impacting activity is submitted or required to be submitted or which has authority to enter into the contract, lease, or other arrangement. If either the homeowner or the defendant requests that the agency resolve the claim, the agency head shall convene a meeting of the parties and use his or her best efforts to arrive at a just resolution of the claim in order to avoid unnecessary litigation costs. Such efforts shall not affect the right of the homeowner to bring an action under this section at any time after the expiration of the 30-day period referred to in this subsection. (c) Burden of Proof.--In any action under this section, the homeowner shall have the burden of demonstrating that the activity conducted by the defendant caused or contributed to a reduction in the value of the homeowner's home. (d) Class Actions.--Similarly affected homeowners are authorized to file suit under this section in accordance with rule 23 of the Federal Rules of Civil Procedure in Federal district court in the district where his or her home is located. (e) Remedy.--Any homeowner authorized to bring suit under this section shall be entitled to recover an amount equal to the reduction in the value of the homeowner's home caused or significantly contributed to by the activity referred to in subsection (a), except that such compensation may not exceed the median value (as determined by the court) of all private homes in the immediate vicinity of the homeowner's home. (f) Attorneys Fees.--Any homeowner who receives compensation under this section shall be awarded reasonable attorney's fees, including the cost of expert witnesses and other reasonable costs. (g) Injunction.--In addition to providing compensation under this section, whenever any activity that is the subject of an action under this section constitutes a violation of any Federal statute, regulation, permit, license, contract, lease, or other arrangement or form of approval, the court may enjoin such activity. (h) Jurisdiction.--The United States district court shall have original jurisdiction, concurrent with State courts, of any action brought under this section. (i) Frivolous or Otherwise Improper Lawsuits.--If the court dismisses any action under this section after finding that the plaintiff's case was frivolous, dilatory, abusive, or brought to harass the defendant or for any other improper purpose, in addition to any other sanction available to the court under the Federal Rules of Civil Procedure, the court may, upon motion by the defendant, order the plaintiff to pay the defendant's reasonable attorney's fees and other expenses reasonably incurred by the defendant in participating in the litigation. (j) Statute of Limitations.--No action may be brought under this section with respect to any private home or homes after the date 5 years after the date on which the total reduction in the value of such home or homes has reached $10,000. (k) Savings Provisions.-- (1) Prohibition of limitation on other claims.--No provision of this Act shall be construed to limit the rights of any person to pursue any claim or cause of action under the Constitution or any other law (including a claim or cause of action concerning real or personal property). (2) Prohibition of use as condition precedent.-- Commencement of a suit under this Act, or receipt of compensation under this Act, shall not be a condition precedent for any claim or cause of action under any other authority of law. SEC. 5. EFFECTIVE DATE. This Act shall apply to each permit, license, or other form of approval issued by an agency after the date 180 days after the enactment of this Act and to each contract, lease, or other arrangement entered into by an agency after the date 180 days after the enactment of this Act. SEC. 6. DEFINITIONS. As used in this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551(1) of title 5, United States Code. (2) Potential to reduce the value.--An activity that generates pollutants or produces other adverse impacts shall be considered to have the potential to reduce the value of any private home whenever such activity may result in physical damage or any other unlawful or objectively unreasonable interference with the use and enjoyment of a private home. (3) Private home.--The term ``private home'' means any owner occupied dwelling, including any multi-family dwelling and any condominium. (4) Reduction in value.--For any private home affected by an activity referred to in section 4, the term ``reduction in value'' means the difference (estimated based on values at the time an action is brought under this section) between the fair market value of the home, and the fair market value of the home in the absence of such activity. (5) Person.--The term ``person'' means any individual, corporation, partnership, or other organization or entity other than a Federal, State, or local government agency.", "summary": "Homeowners Empowerment and Protection Act of 1995 - Requires the Director of the Office of Management and Budget to establish uniform Federal agency procedures with respect to application and homeowner notice requirements for the conduct of activities that generate pollutants or other adverse impacts with the potential to reduce private home values. Directs each agency to: (1) require any person filing an application to conduct property impacting activity to provide affected homeowners with written notice; (2) provide a toll-free telephone number for homeowner response; and (3) investigate the proposed activity's impact on home values. Creates a homeowner right of action, including class action authority, for certain home value reductions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be referred to as the ``Eliminating Health Disparities Act of 2017''. SEC. 2. HEALTH DISPARITIES ELIMINATION STATE PLAN OPTION. Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the following: ``SEC. 1947. HEALTH DISPARITIES ELIMINATION PROGRAM STATE PLAN OPTION. ``(a) In General.--Notwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability), and any other provision of this title that the Secretary determines is necessary to waive in order to implement this section, beginning fiscal year 2018, a State, at its option as a State plan amendment, may establish a Health Disparities Elimination Program for purposes of reducing health disparities among targeted populations in communities served by qualified community health systems under which the State provides incentive payments to qualified community health systems for initiatives approved under subsection (c), if the State meets the requirements specified in subsection (c). ``(b) State Plan Amendment.--Each State seeking a State plan amendment under this section shall submit such amendment to the Secretary for approval. The Secretary shall approve any such amendment that meets the requirements of subsection (c) and includes-- ``(1) State goals for reducing health disparities through the Health Disparities Elimination Program to be established by the State; ``(2) any requirements for the development and approval of action plans described in subsection (c)(1); ``(3) eligibility criteria for any qualified community health system seeking to establish a health disparities elimination initiative (in this section referred to as an `initiative') pursuant to this section; ``(4) the methodology for determining the amount of incentive payments to be made to a qualified community health system through an initiative, based on the size of the target population to be served through the initiative and the potential of the initiative for reducing health disparities; and ``(5) the period during which initiatives may be implemented, in accordance with subsection (c)(3). ``(c) State Requirements.--The requirements specified in this subsection with respect to a State are the following: ``(1) Health system action plan.--The State shall require that a qualified community health system submit an action plan for an initiative to the State agency with responsibility for administering the State plan under this title for approval that identifies-- ``(A) the target population or populations to be served by the initiative; ``(B) specific, evidence-based projects that the system will undertake through the initiative to reduce health disparities for such population or populations; ``(C) targets and benchmarks associated with such projects that must be met in order to receive incentive payments pursuant to this section; ``(D) measures for evaluating the effectiveness of the initiative in reducing health disparities with respect to the goals established by the State pursuant to subsection (b)(1); and ``(E) the amount of any proposed initial incentive payments to be made pursuant to this section to support startup costs of the initiative. ``(2) Priority in selection of health systems for participation.--In selecting qualified community health systems to establish an initiative under a State plan amendment approved under this section, the State shall give priority to health systems-- ``(A) that have submitted action plans (under paragraph (1)) that include the use of evidence-based interventions shown to reduce or eliminate health disparities; ``(B) that demonstrate the potential to have a high impact in the elimination of health disparities, improved health care access, improved health outcomes, or health care savings compared to the total incentive funding requested; ``(C) that have prior experience working on projects with the goal of reducing health disparities; ``(D) that demonstrate long-term commitment to providing health services to the target population or populations; and ``(E) with a demonstrated need for additional financial resources in order to strengthen and advance existing efforts of the health system to reduce health disparities. ``(3) Duration of action plan.-- ``(A) In general.--The State may not approve an action plan submitted under paragraph (1) for a period exceeding 5 years. ``(B) Report.--At the end of any such period, the State shall require each participating qualified community health system to submit a report to the State describing the effectiveness of its initiative using the measures described in paragraph (1)(D). ``(C) Extension.--A State may extend the initiative of such health system upon approval of a new action plan to extend, improve, or expand the initiative, if the State determines that the initiative has proved effective, taking into account the report submitted under subparagraph (B). ``(d) State Report and Evaluation.-- ``(1) In general.--A State with a State plan amendment approved under this section shall submit to the Secretary, in a time and manner to be specified by the Secretary-- ``(A) an annual report on the progress of the Health Disparities Elimination Program of the State towards meeting the goals of the State described under subsection (b)(1); and ``(B) not less than once every 5 years, an evaluation of the effectiveness of the Health Disparities Elimination Program of the State. ``(2) Contents.--The evaluation described in paragraph (1)(B) shall include-- ``(A) an assessment of the effectiveness of initiatives receiving incentive payments pursuant to this section during the period covered by the report in meeting the goals of the State described under subsection (b)(1); and ``(B) a description of the activities of such initiatives. ``(3) Publication.--The Secretary shall publish on the public Web site of the Centers for Medicare & Medicaid Services each evaluation submitted under paragraph (1)(B). ``(e) Funding.-- ``(1) State funding.-- ``(A) In general.--For the purpose of making allocations to States under subparagraph (C), there is appropriated for fiscal year 2018 and each subsequent fiscal year, out of any money in the Treasury not otherwise appropriated, an amount equal to one half of one percent of the total of the Federal share of expenditures with respect to all State plans under this title in the most recent fiscal year for which complete expenditure data is available. ``(B) Incentive payment fund.--The Secretary shall deposit all funds appropriated under subparagraph (A) into an incentive payment fund. Such funds shall remain available until expended. ``(C) Allocation among states.--Of the total amount appropriated for this section for a fiscal year, the Secretary shall, except as provided in subparagraph (D), allocate for such fiscal year to each State an amount in proportion to the ratio of-- ``(i) the State's total expenditures under the State plan under this title in the most recent fiscal year for which complete expenditure data is available; to ``(ii) the sum of all States' total expenditures under all State plans under this title in the fiscal year described in clause (i). ``(D) Funds not used by the state.--If the Secretary determines, on the basis of information available on the first day of a fiscal year, that any allocation under subparagraph (C) to a State for such fiscal year will not be required because a State does not have a State plan amendment approved under subsection (b) for such fiscal year, then such State's allocation shall be treated as an unused allocation for such fiscal year and re-allocated in accordance with subparagraph (E)(i). ``(E) Qualifying states.-- ``(i) Re-allocation to qualifying states.-- In addition to the allocation available to a State under subparagraph (C), the Secretary shall allocate to each qualifying State for a fiscal year, out of the sum of unused allocations, as described in subparagraph (D), for such fiscal year, an amount in proportion to the ratio of-- ``(I) each such State's total expenditures under the State plan under this title in the most recent fiscal year for which complete expenditure data is available; to ``(II) the sum of all such States' total expenditures under all State plans of such States under this title in the fiscal year described in subclause (I). ``(ii) Availability of funds.--Allocations made to a qualifying State under clause (i) and subparagraph (C) shall remain available until expended. ``(iii) Definitions.--In this section, the term `qualifying State' means a State with a State plan amendment approved under this section that-- ``(I) has in effect an agreement with one or more qualified community health system initiatives; and ``(II) in any fiscal year other than the first fiscal year for which such State receives an allocation under subparagraph (C) that is not re- allocated under subparagraph (D), has a Health Disparities Elimination Program established under this section that, as determined by the Secretary, has made measurable progress towards meeting the State's goals, as described under subsection (b)(1), based on reports and evaluations submitted under subsection (d). ``(2) Payments.-- ``(A) In general.--Subject to the provisions of this section, the Secretary shall pay to each State with a State plan amendment approved under this section, from its allocation under paragraph (1)(C) and, in the case of a qualifying State, from its allocation under paragraph (1)(E)(i), an amount for each quarter equal to 90 percent of the sum expended by the State in such quarter for incentive payments made to qualified community health systems for initiatives approved pursuant to this section. ``(B) Status of incentive payments.--Incentive payments made under a State plan amendment approved under this section shall not be considered payment for health care items or services and shall not count towards any limit with respect to the maximum amount of payments that may be made to a provider under the State plan under this title (or under a waiver of such plan). ``(f) Definitions.--In this section: ``(1) The term `health disparity' means a disparity in care provided to a health disparity population, as defined in section 903(d) of the Public Health Service Act (42 U.S.C. 299a-1(d)). ``(2) The term `qualified community health system' means-- ``(A) a hospital described in a report submitted under section 1900(b)(6)(B)(ii)(III); or ``(B) an affiliated group of health care providers anchored by such hospital. ``(3) The term `State' means each of the several States and the District of Columbia. ``(4) The term `target population' means a population of individuals that has empirically experienced disparities in health care access and quality and shall not be limited by source of coverage or lack thereof.''.", "summary": "Eliminating Health Disparities Act of 2017 This bill amends title XIX (Medicaid) of the Social Security Act to allow a state to establish a Health Disparities Elimination Program, through which the state shall provide incentive payments to qualified community health systems (i.e., hospitals or affiliated groups of health care providers) for approved initiatives to reduce health disparities. In selecting qualified community health systems for participation, a state shall give priority to those that: (1) have included, in their required action plans, the use of evidence-based interventions; (2) have had relevant prior experience; and (3) demonstrate a long-term commitment to serving the target populations, a need for additional financial resources, and the potential for high impact relative to the amount of funding requested. Federal funding for program support shall be allocated based on each state's share of total federal Medicaid expenditures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Violent Juvenile Criminal Records Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) in recent years, the United States has experienced a significant increase in juvenile crime, especially with respect to serious and violent offenses; (2) a great proportion of the serious and violent offenses referred to in paragraph (1) are committed by individuals whose past criminal record is not revealed to criminal justice agencies, including courts, because of the current or former status of those individuals as juveniles; (3) in recent years, because of the increased mobility and ease of travel by juvenile offenders, especially members of criminal street gangs, to other States and units of local government, the officials of those States and units of local government are often-- (A) unable to obtain any record of prior serious offenses of those juvenile offenders; and (B) unprepared for the violent behavior of those juvenile offenders; and (4) the inaccessibility of records indicating past violent offenses committed by juvenile offenders-- (A) endangers public safety officers who may encounter those offenders; (B) increases risks to students at schools where those offenders may be enrolled; and (C) prevents judicial officials from making the best decision with respect to such an offender that is necessary to protect innocent citizens. SEC. 3. ASSISTANCE TO STATE AND LOCAL GOVERNMENTS. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) by redesignating part Y as part Z; (2) by redesignating section 2501 as section 2601; and (3) by inserting after part X the following: ``PART Y--INCENTIVE GRANTS FOR STATE AND LOCAL CRIMINAL RECORDS SYSTEMS ``SEC. 2501. DEFINITION. ``In this part, the term `violent criminal gang' means an ongoing group, club, organization, or association of 3 or more persons, whether formal or informal, that engages in, or has engaged in within a 2-year period preceding the date on which criminal history records are entered for purposes of this part, 2 or more felonies or serious misdemeanors committed in furtherance of, or in connection with, that group. ``SEC. 2502. INCENTIVE GRANTS. ``(a) In General.--With funds made available to carry out this part, the Attorney General, acting through the Director of the Bureau of Justice Statistics, shall make grants to States and units of local government (or any combination thereof) to enable-- ``(1) States to assist units of local government in carrying out programs described in paragraphs (1) through (3) of subsection (b); and ``(2) States and units of local government to carry out the programs described in paragraphs (1) through (3) of subsection (b). ``(b) Purposes.--The Attorney General, acting through the Director of the Bureau of Justice Statistics, shall make grants under subsection (a)-- ``(1) to establish programs to obtain fingerprints and photographs of juveniles arrested for the offenses described in paragraph (2)(A); ``(2) to establish, develop, update, or upgrade the criminal history records systems of State and local governments to-- ``(A) include arrest, detention, and disposition records, fingerprints, photographs, and (if used) DNA barcodes, for juveniles arrested or detained for-- ``(i) violent offenses which, if committed by an adult, would be a felony or serious misdemeanor; ``(ii) serious drug offenses which, if committed by an adult, would be a felony or serious misdemeanor; ``(iii) serious property crimes which, if committed by an adult, would be a felony; ``(iv) illegal possession, use, or carrying of a handgun, or other firearm; or ``(v) participation in violent criminal gangs or other violent criminal organizations; ``(B) maintain the records described in subparagraph (A) at the State agency responsible for the operation of the adult criminal history record system of that State; ``(C) submit such information to the Federal Bureau of Investigation as is necessary to enable the records described in subparagraph (A) to be accessed in the same manner as are records for adult criminal histories; and ``(D) ensure that, each time an information on a criminal offense or activity described in subparagraph (A) or other criminal offense is reported to a State repository for juvenile and adult criminal records described in subparagraph (B), a criminal history including information that relates to that individual for the preceding 5-year period is submitted to that repository; ``(3) to establish, develop, update, or upgrade the criminal information systems of State and local governments, and regional intelligence sharing systems, to-- ``(A) include identification, and criminal investigative and intelligence information concerning adults who participate in the illegal activities of violent criminal gangs or other violent criminal organizations; ``(B) maintain the records described in subparagraph (A) at the appropriate State agency; and ``(C) submit such information as is necessary to enable the records referred to in subparagraph (B) to be accessed, to the Federal Bureau of Investigation or a regional intelligence sharing system; and ``(4) to establish State programs to provide financial assistance to units of local government, if necessary to meet any purpose specified in paragraphs (1) through (3). ``(c) Applications.--To request a grant under this part, the chief executive officer of a State or unit of local government shall submit an application in such form as the Attorney General, acting through the Director of the Bureau of Justice Statistics (who shall consult with the Director of the Federal Bureau of Investigation), shall require. ``(d) Application Requirements.-- ``(1) Formula grants.--The Attorney General, acting through the Director of the Bureau of Justice Statistics, may award a grant under section 2503(a) only to a State with respect to which the chief executive officer submits an application under subsection (c) that provides assurances that are satisfactory to the Attorney General that the State will use the assistance provided under the grant to carry out programs that meet the purposes described in paragraphs (1) through (3) of subsection (b). The State may provide for the participation of units of local government in the grant program that is the subject of a grant application. ``(2) Discretionary grants.--The Attorney General, acting through the Director of the Bureau of Justice Statistics, may award a grant under section 2503(b) to a State or unit of local government (or a combination of a State and 1 or more units of local government) that provides assurances that the State, unit of local government, or combination will use the assistance provided under the grant to carry out at least 1 program that meets at least 1 of the purposes described in paragraphs (1) through (3) of subsection (b). ``SEC. 2503. ALLOCATION OF GRANTS. ``(a) Formula Grants.--Of the total amount made available by appropriations to carry out this part for each fiscal year, 90 percent shall be used to make grants to eligible States described in section 2502(d)(1) that submit an application that the Attorney General, acting through the Director of the Bureau of Justice Statistics, determines to be satisfactory in accordance with the following formula: ``(1) the greater of 0.25 percent of that amount or $250,000 shall be allocated to each eligible State; and ``(2) of the total amount remaining after the allocation under paragraph (1) (referred to in this paragraph as the `remaining funds'), there shall be allocated to each State an amount which bears the same ratio to the remaining funds as the population of that State bears to the population of all States. ``(b) Discretionary Grants.--Of the total amount made available to carry out this part for each fiscal year, 10 percent shall be used by the Attorney General, acting through the Director of the Bureau of Justice Statistics, for grants to States and units of local government that submit an application that the Attorney General, acting through the Director, determines to meet the requirements of section 2502(d)(2). ``(c) Contracting Authority.--A State that receives a grant under this section may enter into a contract with a person or entity to carry out an activity that is related to a purpose specified in section 2502(b). ``SEC. 2504. FUNDING SOURCE. ``Appropriations for activities authorized in this part may be made from the Violent Crime Reduction Trust Fund.''. (b) Conforming Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``Part Y--Incentive Grants for State and Local Criminal Records Systems ``Sec. 2501. Definition. ``Sec. 2502. Incentive grants. ``Sec. 2503. Allocation of grants. ``Sec. 2504. Funding source. ``Part Z--Transition-Effective Date-Repealer ``Sec. 2601. Continuation of rules, authorities, and proceedings.''. (c) Authorization of Appropriations.--Section 1001 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended-- (1) in paragraph (3), by striking ``and X'' and inserting ``X, and Y''; and (2) by adding at the end the following: ``(23) There are authorized to be appropriated to carry out part Y-- ``(A) $50,000,000 for fiscal year 1998; ``(B) $50,000,000 for fiscal year 1999; ``(C) $50,000,000 for fiscal year 2000; ``(D) $50,000,000 for fiscal year 2001; and ``(E) $50,000,000 for fiscal year 2002.''.", "summary": "Violent Juvenile Criminal Records Act of 1997 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to make incentive grants to States and local governments to: (1) establish programs to obtain fingerprints and photographs of juveniles arrested for certain violent or serious criminal offenses; and (2) establish, develop, update, or upgrade the criminal history records of such entities to include arrest, detention, and disposition records, fingerprints, photographs, and (if used) barcodes for juveniles arrested or detained for such offenses. Requires such information to be submitted to the Federal Bureau of Investigation for access in the same manner as records for adult criminal histories. Provides for: (1) grant application requirements; (2) the allocation of grant funds according to a specified formula; (3) appropriations for such activities through the Violent Crime Reduction Trust Fund; and (4) the authorization of appropriations for FY 1998 through 2002."}
{"article": "SECTION 1. NONREFUNDABLE CREDIT FOR MENTORING AND HOUSING YOUNG ADULTS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. MENTORING AND HOUSING CERTAIN YOUNG ADULTS. ``(a) Allowance of Credit.--In the case of a taxpayer who is a qualified mentor, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying mentored individual by the taxpayer an amount equal to $1,000. ``(b) Limitations.-- ``(1) Proration of credit for years in which individual attains age 18 and 21.--In the case of a qualifying mentored individual who attains age 18 or 21 during the taxable year, the credit allowed under subsection (a) shall be the amount specified in subsection (a) multiplied by a fraction, the numerator of which is the number of days in the taxable year such individual is 18 or 20 (as the case may be) and the denominator of which is the number of days in the taxable year. ``(2) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified mentor.--The term `qualified mentor' means an individual-- ``(A) who attained the age of 21 before the beginning of the taxable year, ``(B) with respect to whom any agency certified by the State (including a private mentoring agency and governmental mentoring agency) in which the taxpayer has his principle place of abode to provide or facilitate mentoring services has placed a qualifying mentored individual, and ``(C) who is in compliance with the mentoring requirements of such agency or State with respect to the qualifying mentored individual. ``(2) Mentoring requirements.--The term `mentoring requirements' includes participating in a one-on-one relationship as a positive role model with a qualifying mentored individual and involves meetings and activities on not less than a monthly basis. ``(3) Qualifying mentored individual.--The term `qualifying mentored individual' means an individual who-- ``(A) has attained the age of 18 as of the close of the taxable year but did not attain age 22 during the taxable year, ``(B) as of the day before the date on which the individual attained the age of 18, was placed by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction, and ``(C) has the same principal place of abode as the taxpayer for more than one-half of such taxable year. ``(d) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to a qualifying mentored individual unless the taxpayer includes the name and taxpayer identification number of such qualifying mentored individual on the return of tax for the taxable year. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months.''. (b) Conforming Amendments.-- (1) Section 23(b)(4)(B) of such Code is amended by striking ``section 25D'' and inserting ``sections 25D and 25E''. (2) Section 24(b)(3)(B) of such Code is amended by inserting ``25E,'' after ``25D,''. (3) Section 25B(g)(2) of such Code is amended by inserting ``25E,'' after ``25D,''. (4) Section 25D(c)(1)(B) of such Code is amended by inserting ``and section 25E'' after ``this section''. (5) Section 26(a)(1) of such Code is amended by inserting ``25E,'' after ``25D,''. (6) Section 30(c)(2)(B)(ii) of such Code is amended by inserting ``25E,'' after ``25D,''. (7) Section 30B(i)(2)(B)(ii) of such Code is amended by inserting ``25E,'' after ``25D,''. (8) Section 30D(d)(2)(B)(ii) of such Code is amended by striking ``23 and 25D'' and inserting ``23, 25D, and 25E''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Mentoring and housing certain young adults.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to allow a tax credit to individuals who provide mentoring services to young adults between the ages of 18 and 22. Requires such individuals to participate in a one-on-one relationship as a positive role model with such young adults and to conduct meetings and activities with them on not less than a monthly basis."}
{"article": "SECTION 1. AVIATION TAX REVENUES TO MATCH AIRPORT AND AIRWAY TRUST FUND EXPENDITURES. (a) In General.--Part III of subchapter C of chapter 33 of the Internal Revenue Code of 1986 (relating to special provisions applicable to taxes on transportation by air) is amended by adding at the end the following new section: ``SEC. 4283. AVIATION TAX REVENUES TO MATCH AIRPORT AND AIRWAY TRUST FUND EXPENDITURES. ``(a) General Rule.--Except as provided by subsection (b), if the aviation tax rates prescribed by the Secretary under this section for any fiscal year are greater than or less than the otherwise applicable rates of the aviation taxes, the rates so prescribed shall apply for such year in lieu of the otherwise applicable rates. ``(b) Limitation on Rates.--In no event may the Secretary prescribe rates under subsection (a) which are greater than-- ``(1) ____ per gallon in the case of the tax imposed by section 4081(a)(2)(A)(ii) (relating to aviation gasoline), ``(2) ____ cents per gallon in the case of the tax imposed by section 4091 (relating to aviation fuel), ``(3) ____ percent and ____ percent, respectively, of the amount paid in the case of the taxes imposed by sections 4261 and 4271 (relating to transportation of persons and property by air), other than the tax imposed by section 4261(c), and ``(4) $____ on any amount paid in the case of the tax imposed by section 4261(c) (relating to use of international travel facilities). ``(c) Determination of Aviation Tax Rates.-- ``(1) In general.--Not later than September 1 of each calendar year, the Secretary shall prescribe the aviation tax rates for the fiscal year which begins during such calendar year. ``(2) Method of determining rates.--The aviation tax rates prescribed by the Secretary for any fiscal year shall be rates which the Secretary estimates will result in aggregate aviation tax revenues during such fiscal year equal to the aggregate aviation expenditures during the preceding fiscal year. Proper adjustments shall be made in the estimate under the preceding sentence to the extent that aggregate aviation tax revenues during any prior fiscal year (beginning after September 30, 1996) were greater than or less than the aggregate aviation expenditures for such prior fiscal year. Such adjustments shall be made consistent with Congressional Budget Office scoring procedures and shall be revenue neutral. ``(3) Proportionality of rates maintained.--Each aviation tax rate prescribed by the Secretary under this section shall be the rate which results in the same proportion of the aggregate aviation tax revenues for the fiscal year as the proportion of the aggregate aviation tax revenues for such fiscal year which would have resulted from the otherwise applicable rate. ``(d) Definitions.--For purposes of this section-- ``(1) Aviation taxes.--The term `aviation taxes' means-- ``(A) the taxes imposed by subsections (c) and (e) of section 4041, ``(B) the tax imposed by section 4081(a)(2)(A)(ii) to the extent attributable to the Airport and Airway Trust Fund financing rate (as defined in section 9502(f)), ``(C) the tax imposed by section 4091 to the extent attributable to the Airport and Airway Trust Fund financing rate (as defined in section 9502(f)), and ``(D) the taxes imposed by sections 4261 and 4271. ``(2) Aviation tax revenues.--The term `aviation tax revenues' means, with respect to any fiscal year, the aggregate amount deposited into the Airport and Airway Trust Fund during such year by reason of section 9502(b), reduced by transfers from such Trust Fund during such year under paragraphs (2), (3), and (5) of section 9502(d). ``(3) Aviation expenditures.--The term `aviation expenditures' means, with respect to any fiscal year, the aggregate budget authority for such year for expenditures from the Airport and Airway Trust Fund, combined with contract authority for such year (to the extent of any limitation on obligations) for expenditures from the Airport and Airway Trust Fund.'' (b) Other Amendments.-- (1) Paragraph (2) of section 9502(b) of such Code is amended by striking ``under section 4081'' and all that follows and inserting ``under section 4081 with respect to aviation gasoline (to the extent attributable to the Airport and Airway Trust Fund financing rate);''. (2) Paragraph (1) of section 9502(f) of such Code is amended to read as follows: ``(1) In general.--Except as otherwise provided in this subsection, the Airport and Airway Trust Fund financing rate is-- ``(A) in the case of aviation gasoline subject to tax under section 4081, 15 cents per gallon (unless otherwise prescribed by the Secretary), ``(B) in the case of fuel used in an aircraft in noncommercial aviation (as defined in section 4041(c)(4)), 17.5 cents per gallon (unless otherwise prescribed by the Secretary), and ``(C) in the case of fuel used in an aircraft other than in noncommercial aviation (as so defined), zero.'' (c) Clerical Amendment.--The table of sections for part III of subchapter C of chapter 33 of such Code is amended by adding at the end the following new item: ``Sec. 4283. Aviation tax revenues to match Airport and Airway Trust Fund expenditures.'' SEC. 2. ESTABLISHMENT OF ANNUAL RESERVE ACCOUNT IN AIRPORT AND AIRWAY TRUST FUND. Section 9502 of the Internal Revenue Code of 1986 (relating to the Airport and Airway Trust Fund) is amended by adding at the end the following new subsection: ``(g) Establishment of Annual Reserve Account.-- ``(1) Creation of account.--There is established in the Airport and Airway Trust Fund a separate account to be known as the `Annual Reserve Account' consisting of such amounts as may be transferred or credited to the Annual Reserve Account as provided in this subsection or section 9602(b). ``(2) Transfers to annual reserve account.--The Secretary of the Treasury shall transfer to the Annual Reserve Account any portion of the amounts appropriated to the Airport and Airway Trust Fund under subsection (b) which is attributable to tax rates prescribed under section 4283(a) which are greater than the otherwise applicable rates of the aviation taxes prescribed for the prior fiscal year. For the purposes of the preceding sentence, the term `aviation taxes' has the meaning such term has under section 4283(d)(1). ``(3) Expenditures from annual reserve account.--Amounts in the Annual Reserve Account shall be available, as provided by appropriation Acts, for the same purposes as amounts in the Airport and Airway Trust Fund are available under subsection (d). ``(4) Budgetary treatment of annual reserve account.-- Notwithstanding any other provision of law except the Line Item Veto Act of 1996, the annual receipts and disbursements of the Annual Reserve Account-- ``(A) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- ``(i) the budget of the United States Government as submitted by the President, ``(ii) the congressional budget (including allocations of budget authority and outlays provided therein), or ``(iii) the Balanced Budget and Emergency Deficit Control Act of 1985; and ``(B) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government.'' SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to fiscal years beginning after September 30, 1996.", "summary": "Amends the Internal Revenue Code to: (1) provide that the amount of fiscal year aviation excise taxes shall match Airport and Airway Trust Fund expenditures; (2) require annual aviation tax rate determinations by a specified date; and (3) establish in such Fund an Annual Reserve Account."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Implements of Torture Export Control Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 1984, the United Nations General Assembly adopted the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. The United States ratified the Convention in 1994, which defines torture as acts deliberately perpetrated by or with the approval of government officials, which are designed to inflict extreme physical or psychological suffering. (2) Torture has devastating, long-term consequences, not only for survivors, but also for their families, friends, and communities. Survivors' relationships with others suffer greatly because of the distrust and sense of alienation from humanity that the torture has engendered. (3) Amnesty International reports that there are over 117 countries in the world which engage in or condone torture. It is estimated that over 500,000 victims of foreign governmental torture live in the United States. (4) Mechanical restraints, such as handcuffs, leg irons, shackles, and thumbcuffs, are some of the most widely used security devices; they are also widely abused as implements of torture. (5) Equipment designed for legitimate law enforcement purposes can be misused to suppress freedom and commit human rights violations, particularly in countries where police authorities are used to monitor and harass human rights activists, opposition political figures, and others and where there are political or free expression ``crimes''. (6) Many devices intended for crime control purposes, such as electro-shock discharge devices, are especially susceptible to abuse as implements of torture. SEC. 3. DEFINITIONS. In this Act: (1) Major non-nato allies.--The term ``major non-NATO ally'' means any country designated as a major non-Nato ally under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k). (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (3) Act of torture.--The term ``act of torture'' means any act committed by a person acting under the color of law that is specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to a lawful sanction) upon another person within the custody or physical control of the person performing the act. (4) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House and the Committee on Foreign Relations and the Committee on Banking, Housing and Urban Affairs of the Senate. SEC. 4. LICENSING OF CRIME CONTROL EQUIPMENT. (a) In General.--Except as provided in subsection (b), crime control and detection instruments and equipment shall not be approved for export by the Secretary except pursuant to an individual export license. (b) Exception.--Subsection (a) shall not apply to exports to any country that is a member of the North Atlantic Treaty Organization or is a major non-NATO ally. SEC. 5. LIMITATION ON EXPORTS. (a) In General.-- (1) Country restriction.--The Secretary shall not approve the export to a country of the following items if the government of that country, or any group supported by or acting on behalf of that government, as determined by the Secretary of State, has repeatedly engaged in acts of torture: (A) Crime control and detection instruments. (B) Equipment especially susceptible to abuse as implements of torture. (2) Determination by the secretary of state.--The Secretary may not permit the export to any country of any item to which paragraph (1) applies unless and until the Secretary of State determines that the government of that country, and, if applicable, any group supported by or acting on behalf of that government, has not repeatedly engaged in acts of torture for the 12-month period preceding the date of the application to export the item. (b) End-User Exception.--Notwithstanding subsection (a), the Secretary, with the concurrence of the Secretary of State, may approve the export of any item to which subsection (a) applies if the Secretary of State determines that the end user of the item proposed for export has not engaged in acts of torture. (c) Notification.-- (1) Determinations under subsection (a)(2).--The Secretary of State shall, not later than 5 days after a determination under subsection (a)(2) is made, report that determination to the appropriate congressional committees. (2) Licenses under subsection (b).--If an export license is approved under subsection (b), the Secretary and the Secretary of State shall, within 5 days after the granting of the export license, notify the appropriate congressional committees of the identity of the end-user and the determination made by the Secretary of State under that subsection with respect to the end user. SEC. 6. PROHIBITION ON EXPORT. Notwithstanding any other provision of this Act, the export of the following items shall be prohibited to all destinations: (1) Any leg irons, handcuffs, and thumbcuffs that have sharp or serrated edges. (2) Saps, blackjacks, brass knuckles, and other easily concealed devices designed to administer severe blows to the body. (3) Electroshock stun belts. (4) Items specially designed as implements of torture. (5) Batons or clubs fitted with spikes or other hard protuberances. (6) Components produced for incorporation into these items and the technology used for the development or production of these items. SEC. 7. ESTABLISHMENT OF CONTROL LIST. The Secretary shall establish and maintain, with the concurrence of the Secretary of State, a list of-- (1) crime control and detection instruments; and (2) equipment especially susceptible to abuse as implements of torture. The Secretary shall publish the list in the Federal Register. SEC. 8. EXPORT LICENSE REVIEW. (a) Consultation.--In addition to the Secretary of State, the Secretary shall ensure that the head of all appropriate agencies are fully consulted before an individual export license is granted under section 4. (b) Role of Secretary of State.-- (1) Review of license.--Any determination by the Secretary to approve or deny an export license application to export crime control or detection instruments or equipment shall be made in concurrence with the recommendations of the Secretary of State. (2) Review within the department of state.--The Secretary of State shall ensure that the responsible official of the Bureau of Democracy, Human Rights and Labor is fully involved in reviewing proposed export licenses under paragraph (1).", "summary": "Implements of Torture Export Control Act of 2004 - Prohibits the Secretary of Commerce from approving crime control and detection instruments and equipment for export (except to any North Atlantic Treaty Organization (NATO) member or major non-NATO ally) unless pursuant to an individual export license. Prohibits the Secretary from approving the export of such instruments, and any equipment especially susceptible to abuse as implements of torture, to any country if its government, or any group supported by or acting on behalf of that government, has repeatedly engaged in acts of torture during the 12-month period preceding the date of the application to export the item. Authorizes the Secretary, notwithstanding such prohibitions, to approve the export of any such item if the Secretary of State determines that the end user has not engaged in acts of torture. Prohibits the export to all destinations of: (1) any leg irons, handcuffs, and thumbcuffs with sharp or serrated edges; (2) saps, blackjacks, brass knuckles, and other easily concealed devices designed to administer severe blows to the body; (3) electroshock stun belts; (4) items specially designed as implements of torture; (5) batons or clubs fitted with spikes or other hard protuberances; and (6) components produced for incorporation into these items and the technology used for the development or production of these items. Requires the Secretary shall establish and publish in the Federal Register a list of crime control and detection instruments, and equipment especially susceptible to abuse as implements of torture. Requires the Secretary to: (1) ensure that all appropriate agency heads are fully consulted before an individual export license for such an item is granted; and (2) approve or deny an export license application for such instruments or equipment only in concurrence with the recommendations of the Secretary of State."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard Investigations Transparency and Improvement Act of 2014''. SEC. 2. CODIFICATION IN LAW OF ESTABLISHMENT AND DUTIES OF THE OFFICE OF COMPLEX ADMINISTRATIVE INVESTIGATIONS IN THE NATIONAL GUARD BUREAU. (a) In General.--There is in the Office of the Chief of the National Guard Bureau the Office of Complex Administrative Investigations (in this section referred to as the ``Office''). (b) Direction and Supervision.--The Office shall be under the direction and supervision of the Chief of the National Guard Bureau. (c) Duties.-- (1) In general.--The duties of the Office shall be to undertake complex administrative investigations of matters relating to members of the National Guard when in State status, including investigations of sexual assault involving a member of the National Guard in such status, upon the request of any of the following: (A) The Chief of the National Guard Bureau. (B) An adjutant general of a State or territory or the District of Columbia. (C) The governor of a State or territory, or the Commanding General of the National Guard of the District of Columbia. (2) Complex administrative investigations.--For purposes of this subsection, a complex administrative investigation is any investigation (as specified by the Chief of the National Guard Bureau for purposes of this section) involving factors giving rise to unusual complexity in investigation, including the following: (A) Questions of jurisdiction between the United States and a State or territory. (B) Matters requiring specialized training among investigating officers. (C) Matters raising the need for an independent investigation in order to ensure fairness and impartiality in investigation. (3) Matters relating to members of the national guard in state status.--The determination whether or not a matter relates to a member of the National Guard when in State status for purposes of this section shall be made by the Chief of the National Guard Bureau in accordance with criteria specified by the Chief of the National Guard Bureau for purposes of this section. (d) Chief of National Guard Bureau Treatment of Final Reports.--The Chief of the National Guard Bureau shall treat any final report of the Office on a matter under this section as if such report were the report of an Inspector General of the Department of Defense or a military department on such matter. (e) Reports to Congress.-- (1) Submittal of final reports to congressional delegations.--Upon the adoption by the Office of a final report on an investigation undertaken by the Office pursuant to this section, the Chief of the National Guard Bureau shall submit such report (with any personally identifying information appropriately redacted) to the members of Congress from the State or territory concerned. (2) Annual reports.--The Chief of the National Guard Bureau shall submit to Congress each year a report on the investigations undertaken by the Office pursuant to this section during the preceding year. Each report shall include, for the year covered by such report, the following: (A) A summary description of the investigations undertaken during such year, including any trends in matters subject to investigation and in findings as a result of investigations. (B) Information, set forth by State and territory, on the investigations undertaken during such year involving allegations of sexual assault involving a member of the National Guard. (C) Such other information and matters on the investigations undertaken during such year as the Chief of the National Guard Bureau considers appropriate. (f) Personnel and Other Capabilities.--The Chief of the National Guard Bureau shall ensure that the Office maintains the personnel and other capabilities necessary for the discharge of the duties of the Office under this section. (g) Procedures and Instructions.--The Chief of the National Guard Bureau shall issue, and may from time to time update, procedures and instructions necessary for the discharge of the duties of the Office under this section. (h) Repeal of Superseded Instruction.--Chief of the National Guard Bureau Instruction CNGBI 0400.01, dated July 30, 2012, shall have no further force or effect.", "summary": "National Guard Investigations Transparency and Improvement Act of 2014 - Codifies the establishment of the Office of Complex Administrative Investigations (the Office) in the Office of the Chief of the National Guard Bureau. Requires the Office to undertake complex administrative investigations of matters relating to members of the National Guard when in state status, including investigations of sexual assault, upon the request of: (1) the Chief; (2) an adjutant general of a state, a territory, or the District of Columbia; (3) a governor of a state or territory; or (4) the Commanding General of the National Guard of the District of Columbia. Defines "complex administrative investigation" as any investigation specified by the Chief involving factors giving rise to unusual complexity, including: (1) questions of jurisdiction between the United States and a state or territory, (2) matters requiring specialized training among investigating officers, or (3) matters raising the need for an independent investigation to ensure fairness and impartiality. Requires the Chief to treat any final report of the Office relating to such matters as if it were the report of an inspector general of the Department of Defense (DOD) or a military department. Directs the Chief to submit to Members of Congress from the state or territory concerned the final report adopted by the Office regarding such an investigation. Requires the Chief to submit to Congress an annual report regarding all investigations undertaken by the Office during the preceding year."}
{"article": "SECTION 1. AUTHORIZATION OF USE OF COOPERATIVE THREAT REDUCTION FUNDS FOR PROJECTS AND ACTIVITIES OUTSIDE THE FORMER SOVIET UNION. (a) Purpose.--The purpose of this section is to authorize the use of Cooperative Threat Reduction funds for proliferation threat reduction projects and activities outside the former Soviet Union in order to resolve critical emerging proliferation threats and to take advantage of opportunities to achieve long-standing United States nonproliferation goals. (b) Cooperative Threat Reduction Programs and Funds.--For purposes of this section: (1) Cooperative Threat Reduction programs are-- (A) the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note); and (B) any other similar programs, as designated by the Secretary, to address critical emerging proliferation threats in the states of the former Soviet Union that jeopardize United States national security. (2) Cooperative Threat Reduction funds, for a fiscal year, are the funds authorized to be appropriated for Cooperative Threat Reduction programs for that fiscal year. (c) Authorization of Use of CTR Funds for Threat Reduction Activities Outside the Former Soviet Union.--(1) Notwithstanding any other provision of law and subject to the succeeding provisions of this section, the Secretary of Defense may obligate and expend Cooperative Threat Reduction funds for a fiscal year before fiscal year 2003 that remain available for obligation as of the date of the enactment of this Act for proliferation threat reduction projects and activities outside the states of the former Soviet Union if the Secretary determines that such projects and activities will-- (A) assist the United States in the resolution of critical emerging proliferation threats; or (B) permit the United States to take advantage of opportunities to achieve long-standing United States nonproliferation goals. (2) The amount that may be obligated under paragraph (1) for projects and activities described in that paragraph may not exceed $50,000,000. (d) Authorized Uses of Funds.--The authority under subsection (c) to obligate and expend Cooperative Threat Reduction funds for a project or activity includes authority to provide equipment, goods, and services for the project or activity, but does not include authority to provide cash directly to the project or activity. (e) Source and Replacement of Funds Used.--(1) The Secretary shall, to the maximum extent practicable, ensure that funds for projects and activities under subsection (c) are derived from funds that would otherwise be obligated for a range of Cooperative Threat Reduction programs, so that no particular Cooperative Threat Reduction program is the exclusive or predominate source of funds for such projects and activities. (2) If the Secretary obligates Cooperative Threat Reduction funds under subsection (c) in a fiscal year, the first budget of the President that is submitted under section 1105(a) of title 31, United States Code, after such fiscal year shall set forth, in addition to any other amounts requested for Cooperative Threat Reduction programs in the fiscal year covered by such budget, a request for Cooperative Threat Reduction funds in the fiscal year covered by such budget in an amount equal to the amount so obligated. The request shall also set forth the Cooperative Threat Reduction program or programs for which such funds would otherwise have been obligated, but for obligation under subsection (c). (3) Amounts authorized to be appropriated pursuant to a request under paragraph (2) shall be available only for the Cooperative Threat Reduction program or programs set forth in the request under the second sentence of that paragraph. (f) Limitation on Obligation of Funds.--Except as provided in subsection (g), the Secretary may not obligate and expend Cooperative Threat Reduction funds for a project or activity under subsection (c) until 30 days after the date on which the Secretary submits to Congress a report on the purpose for which the funds will be obligated and expended, and the amount of the funds to be obligated and expended. (g) Exception.--(1) The Secretary may obligate and expend Cooperative Threat Reduction funds for a project or activity under subsection (c) without regard to subsection (f) if the Secretary determines that a critical emerging proliferation threat warrants immediate obligation and expenditure of such funds. (2) Not later than 72 hours after first obligating funds for a project or activity under paragraph (1), the Secretary shall submit to the appropriate congressional officials a report containing a detailed justification for the obligation of funds. The report on a project or activity shall include the following: (A) A description of the critical emerging proliferation threat to be addressed, or the long-standing United States nonproliferation goal to be achieved, by the project or activity. (B) A description of the agreement, if any, under which the funds will be used, including whether or not the agreement provides that the funds will not be used for purposes contrary to the national security interests of the United States. (C) A description of the contracting process, if any, that will be used in the implementation of the project or activity. (D) An analysis of the effect of the obligation of funds for the project or activity on ongoing Cooperative Threat Reduction programs. (E) An analysis of the need for additional or follow-up threat reduction assistance, including whether or not the need for such assistance justifies the establishment of a new cooperative threat reduction program or programs to account for such assistance. (F) A description of the mechanisms to be used by the Secretary to assure that proper audits and examinations of the project or activity are carried out. (3) In this subsection, the term ``appropriate congressional officials'' means-- (A) the Speaker of the House of Representatives; (B) the President pro tempore of the Senate; (C) the Chairmen and Ranking Members of the Committees on Armed Services of the Senate and House of Representatives; (D) the Chairmen and Ranking Members of the Committees on Appropriations of the Senate and House of Representatives; (E) the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate; (F) the Chairman and Ranking Member of the Committee on International Relations of the House of Representatives; (G) the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate; and (H) the Chairman and Vice Chairman of the Permanent Select Committee on Intelligence of the House of Representatives. (h) Report on Establishment of New Cooperative Threat Reduction Programs.--(1) If the Secretary employs the authority in subsection (c) in two consecutive fiscal years, the Secretary shall submit to Congress a report on the advisability of establishing one or more new cooperative threat reduction programs to account for projects and activities funded using such authority. (2) The report required by paragraph (1) shall be submitted along with the budget justification materials in support of the Department of Defense budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) in the first budget submitted after the end of the two consecutive fiscal years referred to in that paragraph.", "summary": "Authorizes the Secretary of Defense to expend up to $50 million for a fiscal year in Cooperative Threat Reduction funds to prevent proliferation of nuclear, chemical and other weapons outside the former Soviet Union, where allocation of such funds is currently limited to. Specifies that such expenditures may occur if determined that certain projects or activities will assist the United States in dealing with critical emerging proliferation threats or in achieving long-standing nonproliferation goals. Determines that such funds may go only to equipment, goods and services and cannot be spent directly on a project or activity.Directs the President to include in a given year's budget a request for funds distributed under the Act during the last fiscal year with a description of what projects would otherwise have been funded. Sets a time frame for the Secretary to inform Congress of what funds will be used for. Contains a provision for emergency distribution of funds to meet a critical emerging proliferation threat or a nonproliferation goal that requires such allocation.Requires the Secretary to report to Congress on the advisability of establishing one or more new cooperative threat reduction programs to account for projects or activities for which emergency distribution of funds were distributed under the Act or that were funded under the Act two years in a row."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Television and Radio Program Violence Reduction Act of 1993''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Television and radio programming are bringing ever- increasing levels of violent programming into the American home. Over 25 percent of prime-time television shows contain `very violent' material, according to the National Coalition on Television Violence. (2) Prime time violence tripled during the 1980's, the American Academy of Pediatrics reports. (3) Programs developed for children are especially violent. A University of Pennsylvania study found that children's programming contains over 30 violent acts per hour. (4) Before the average child finishes grade school, he or she sees 8,000 murders and 100,000 acts of violence on television. (5) Numerous academic studies have built up astonishing evidence that shows children tend to imitate the behavior they see on television. The National Institute of Mental Health finds that violence on television leads to aggressive behavior by children and teenagers who watch violent programs. (6) Three different Surgeons General, the Attorney General's Task Force on Family Violence, the American Medical Association, the American Psychiatric Association, the American Academy of Pediatrics, and other authorities have all found that viewing televised violence is harmful to children. (7) Americans watch enormous amounts of television, and many children will watch television for twice as many hours (22,000 hours) as they attend school. (8) Many children watch violent television programs without adult supervision or guidance. (9) More than 20 years of research has led to a consensus that watching televised violence increases children's aggressiveness and desensitizes them to the effects and implications of violence, and the solidity of the agreement among respected scientists that televised violence is harmful nullifies arguments to the contrary by the television industry. (10) There is a need to find solutions that limit the harmful influence of television and radio violence and yet maintain our freedom of expression. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``violence'' means any action that has as an element the use or threatened use of physical force against the person of another, or against one's self, with intent to cause bodily harm to such person or one's self. For purposes of this Act, an action may involve violence regardless of whether or not such action or threat of action occurs in a realistic or serious context or in a humorous or cartoon type context. (2) The term ``programming'' includes cartoons. (3) The term ``child'' or ``children'' means any individual or individuals under 18 years of age. (4) The term ``person'' shall have the same meaning given that term under section 602(14) of the Communications Act of 1934 (47 U.S.C. 522(14)). (5) The term ``cable operator'' shall have the same meaning given that term under section 602(4) of the Communications Act of 1934 (47 U.S.C. 522(4)). (6) The term ``cable service'' shall have the same meaning given that term under section 602(5) of the Communications Act of 1934 (47 U.S.C. 522(5)). (7) The term ``television or radio broadcast licensee'' means a ``licensee'' as defined in section 3(c) of the Communications Act of 1934 (47 U.S.C. 153(c)) authorized to engage in television or radio broadcasting, including independent television broadcasting. (8) The term ``franchising authority'' shall have the same meaning given that term under section 602(10) of the Communications Act of 1934 (47 U.S.C. 522(10)). SEC. 4. RULEMAKING REQUIRED. (a) Standards.--The Federal Communications Commission shall, within 60 days after the date of the enactment of this section, initiate a rulemaking proceeding to prescribe standards applicable to television and radio broadcast licensees and cable operators providing cable service under a franchise granted by a franchising authority, requiring such television or radio broadcast licensees and cable operators, including cable programmers, to reduce the broadcasting of all video and audio programming which contains violence. (b) Final Standards.--The Commission shall, within 150 days following the date of the enactment of this Act, prescribe final standards in accordance with this section. SEC. 5. VIOLATIONS. (a) Violations.--If a person violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, impose on the person a civil fine of not more than $5,000. For purposes of this subsection, each program in violation constitutes a separate violation. (b) Intentional Violations.--If a person intentionally violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, impose on the person a civil fine of not less than $10,000 or more than $25,000. For purposes of this subsection, each program in violation constitutes a separate violation. (c) Repeated Violations.--If a person repeatedly violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, immediately repeal the person's broadcast license in the case of a broadcaster, and immediately repeal the person's satellite license in the case of the cable operator. SEC. 6. EXCEPTIONS FOR CERTAIN VIDEO PROGRAMMING. The Federal Communications Commission may exempt, as public interest requires, certain video and audio programming from the requirements of section 3, including news broadcasts, sporting events, educational programming and documentaries. SEC. 7. CONSIDERATION OF VIOLATIONS IN BROADCAST LICENSE RENEWAL. The Federal Communications Commission shall consider, among the elements in its review of an application for renewal of a television or radio broadcast license, including an independent television broadcaster, whether the licensee has complied with the standards required to be prescribed under section 3 of this Act.", "summary": "Television and Radio Program Violence Reduction Act of 1993 - Requires the Federal Communications Commission (FCC) to prescribe standards requiring television and radio broadcast licensees and cable operators, including cable programmers, to reduce the broadcasting of all video and audio programming which contains violence. Authorizes the FCC to exempt, as public interest requires, certain video and audio programming, including news broadcasts, sporting events, educational programming, and documentaries. Directs the FCC to consider, in its review of an application for renewal of a television or radio broadcast license, whether the licensee has complied with this Act."}
{"article": "SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES PREMATURELY LIQUIDATED IN ERROR. (a) In General.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any other provision of law, the United States Customs Service shall, not later than 90 days after the date of the enactment of this Act, reliquidate those entries described in subsection (c), in accordance with the final decision of the International Trade Administration of the Department of Commerce, and the final results of the administrative reviews, for entries made on or after December 1, 1993 and before April 1, 2001. (b) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid by the Customs Service within 90 days after such liquidation or reliquidation. (c) Entry List.--The entries referred to in subsection (a), are as follows: Entry number Date of entry Date of liquidation 669-26046013 02/09/94 07/12/96 112-62707166 02/12/94 05/14/99 669-26046716 03/05/94 07/12/96 669-26046997 03/16/94 07/12/96 669-26047094 03/22/94 07/12/96 669-26047508 04/03/94 07/12/96 225-41000430 04/11/94 07/29/94 669-26047862 04/19/94 07/12/96 669-26048027 04/22/94 07/12/96 669-26048050 04/22/94 07/12/96 669-26048068 04/22/94 07/12/96 669-26049199 06/05/94 07/12/96 051-01380045 06/14/94 06/21/96 225-21019541 07/02/94 Unknown 669-26050742 07/20/94 07/12/96 669-26051294 08/16/94 07/19/96 669-26051377 08/17/94 07/12/96 669-26051401 08/23/94 07/19/96 051-01378452 09/01/94 08/16/96 669-26051906 09/06/94 07/19/96 669-26052714 10/05/94 07/19/96 669-26054629 01/02/95 07/12/96 669-26054918 01/21/95 07/12/96 669-00985582 02/17/95 09/17/99 225-41030148 05/01/95 01/20/95 112-85106669 06/07/95 02/25/00 112-80968196 08/03/95 11/17/95 669-26059347 09/02/95 07/12/96 112-79650961 09/27/95 12/29/95 669-28017335 10/06/95 06/14/96 112-05038720 05/01/96 08/02/96 112-17629326 01/06/97 04/18/97 112-17629326 03/12/97 04/18/97 669-01225053 06/12/97 10/15/99 669-01223637 06/25/97 10/08/99 669-01225418 06/25/97 10/08/99 669-01225913 06/27/97 10/08/99 669-01227380 07/03/97 10/08/99 669-01232166 07/07/97 10/08/99 669-01230533 07/09/97 10/08/99 669-01236357 07/30/97 10/08/99 100-47966294 08/08/97 08/26/99 669-01241811 08/13/97 10/08/99 669-01245838 08/27/97 10/08/99 669-01247933 09/04/97 10/15/99 669-01251448 09/21/97 10/08/99 669-01254020 09/24/97 10/08/99 669-01256801 10/01/97 10/08/99 669-01259466 10/15/97 10/08/99 669-01260753 10/15/97 10/08/99 669-01261363 10/16/97 10/08/99 669-01262650 10/22/97 10/08/99 669-01263856 10/24/97 10/08/99 669-01267337 11/06/97 10/08/99 669-01269200 11/12/97 10/08/99 669-01271784 11/20/97 10/08/99 669-01271800 11/23/97 10/08/99 669-01272907 11/30/97 10/08/99 669-01273673 11/30/97 10/08/99 669-01274119 11/30/97 10/08/99 669-01276585 12/04/97 10/08/99 669-01278763 12/14/97 10/15/99 669-01283441 12/30/97 10/08/99 669-01296948 01/09/98 10/08/99 669-01292186 01/22/98 10/08/99 669-04201964 01/23/98 10/08/99 112-14206987 01/23/98 02/22/99 669-01295130 02/01/98 10/08/99 669-01296955 02/05/98 10/08/99 669-01297649 02/12/98 10/08/99 669-01298530 02/12/98 10/08/99 669-01302126 02/21/98 10/08/99 669-01302134 02/21/98 10/08/99 669-01302530 02/21/98 10/08/99 669-01303546 02/21/98 10/08/99 669-01304569 02/27/98 10/08/99 669-01305947 03/05/98 10/08/99 669-01306978 03/07/98 10/08/99 669-01306986 03/07/98 10/08/99 669-01307554 03/12/98 10/08/99 669-01312711 03/14/98 10/08/99 669-28050047 03/20/98 04/02/99 669-01312703 03/21/98 10/08/99 669-01318072 04/07/98 10/08/99 669-01324781 04/24/98 10/08/99 669-01325218 04/25/98 10/08/99 669-01327586 04/30/98 10/08/99 669-01330283 May-98 10/08/99 669-01332081 May-98 10/08/99 112-35098876 05/08/98 04/02/99 669-01332081 05/16/98 10/08/99 669-01335357 05/26/98 10/08/99 700-07050910 05/30/98 03/24/00 110-54366892 06/03/98 04/16/99 112-38590861 09/09/98 07/23/99 110-71159908 03/04/99 02/23/01 112-01742119 04/20/99 08/09/96 110-64694523 10/07/99 10/01/99 225-21606420 11/18/00 11/13/00 700-07505228 01/12/01 03/16/01", "summary": "Requires the Customs Service to reliquidate certain entries prematurely liquidated and to refund any amounts owed."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Depository Institution Consumer Protection Act of 1997''. SEC. 2. CONSUMER PROTECTION REGULATIONS REQUIRED. (a) In General.--The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: ``SEC. 45. CONSUMER PROTECTION REGULATIONS. ``(a) Regulations Required.-- ``(1) In general.--Each Federal banking agency shall prescribe and publish in final form not later than six months after the date of enactment of this section of consumer protection regulations which-- ``(A) apply to sales, solicitations, advertising or offers of any nondeposit product by any retail depository institution, any affiliate or subsidiary of a retail depository institution, or any person who is engaged in such activities at an office of the institution or on behalf of the institution; and ``(B) meet the requirements of this section and provide such additional protections for consumers to whom such sales, solicitations, advertising or offers are directed as the agency determines to be appropriate. ``(2) Consultation and joint regulations.--The Federal banking agencies shall consult with each other and the SEC regarding the regulations required to be prescribed pursuant to paragraph (1) and to the greatest extent practicable shall prescribe such regulations jointly. ``(3) Nondeposit product defined.--For purposes of this section, the term `nondeposit product'-- ``(A) means any investment and insurance product which is not an insured deposit; ``(B) includes shares issued by a registered investment company; and ``(C) does not include-- ``(i) any loan or any other extension of credit by an insured depository institution; ``(ii) any letter of credit; or ``(iii) any other instrument or insurance or investment product specifically excluded from the definition of such term by regulations prescribed jointly by the Federal banking agencies, to the extent necessary to carry out the purpose of this Act. ``(b) Sales Practices.--The regulations prescribed pursuant to subsection (a) shall include the following provisions relating to sales practices in connection with the sale of nondeposit products: ``(1) Anticoercion rules.-- ``(A) In general.--Anticoercion rules prohibiting depository institutions from making any extension of credit conditional upon: ``(i) the purchase of a nondeposit product from the same retail depository institutions, or an affiliate, subsidiary or agent of that retail depository institution; or ``(ii) an agreement by the consumer not to obtain, or a prohibition on the consumer from obtaining, a nondeposit product from an unaffiliated entity. ``(B) Product marketing.--Specific rules prohibiting depository institutions, or their affiliates, subsidiaries or agents from marketing nondeposit products to consumers while applications for extensions of credit from the depository institution are pending, unless such marketing is done by mail, separate and distinct from any processing, discussion or provision of information regarding the application for an extension of credit. ``(2) Suitability of product.-- ``(A) In general.--Standards to ensure that a nondeposit product sold to a consumer is suitable and appropriate for the consumer based on financial information disclosed by the consumer. ``(B) Rules of fair practice.--In prescribing the standards under subparagraph (A) with respect to the sale of investments, the Federal banking agencies shall take into account the Rules of Fair Practice of the National Association of Securities Dealers. ``(c) Disclosures and Advertising.--The regulations prescribed pursuant to subsection (a) shall include the following provisions relating to disclosures and advertising in connection with the sale of nondeposit products: ``(1)(A) Disclosures.--Requirements that the following disclosures be made orally and in writing before the completion of the sale and, additionally, in the case of subparagraph (iv), at the time of application for an extension of credit: ``(i) Uninsured status.--The product is not insured by the Federal Deposit Insurance Corporation or the United States Government. ``(ii) Insurance product.--In the case of an insurance policy which is sold by the retail depository institution, affiliate, subsidiary or other person as agent, the product is not guaranteed by the retail depository institution. ``(iii) Investment risk.--In the case of an investment product, there is an investment risk associated with the product, including possible loss of principal. ``(iv) Coercion.--The approval, by the retail depository institution, of an extension of credit may not be conditioned on: ``(I) the purchase of a nondeposit product which is sold by the retail depository institution, affiliate, or other person as agent; or ``(II) an agreement by the consumer not to obtain, or a prohibition on the consumer from obtaining, a nondeposit product from an unaffiliated entity. ``(B) Adjustments for alternative methods of purchase.--In prescribing the requirements under subparagraph (A), necessary adjustments shall be made for purchase in person, by telephone or by electronic media to provide for the most appropriate and complete form of disclosure. ``(C) Consumer acknowledgement.--A requirement that a retail depository institution shall require any person selling a nondeposit product at any office of, or on behalf of, the institution to obtain, at the time of the initial purchase by the consumer of such product, a separate statement, signed and dated by the consumer, which contains the declaration that the purchaser has received the disclosure required under this subsection with respect to such product. Notwithstanding any rule of evidence, written acknowledgement of receipt of any disclosures by a person to whom such information is required to be given does no more than create a rebuttable presumption of delivery thereof. ``(2) Prohibition on misrepresentations.--A prohibition on any practice, or any advertising, at any office of, or on behalf of, the retail depository institution which could mislead any person or otherwise cause a reasonable person to reach an erroneous belief with respect to-- ``(i) the uninsured nature of any nondeposit product sold, or offered for sale by the institution or any affiliate or agent of the institution; or ``(ii) the investment risk associated with any such product. ``(d) Separation of Banking and Nonbanking Activities.--The regulations prescribed pursuant to subsection (a) shall include such provisions as the Federal banking agencies consider appropriate to ensure that the acceptance of deposits or the extension of credit by a depository institution, are kept physically segregated from nondeposit product activity. These provisions should include at a minimum the following provisions: ``(1) Separate setting.--A clear delineation of the setting in which, and the circumstances under which, transactions involving nondeposit products may be effected, and referrals made, to ensure that such activity is conducted in a location physically segregated from the area where retail deposits are accepted, extensions of credit are granted or insured products are sold by or on behalf of a depository institution. ``(2) Certain persons prohibited from selling nondeposit products.--Standards prohibiting any person who accepts deposits from the public at any office of, or on behalf of, an insured depository institution from selling or offering to sell, or offering an opinion or investment advice on, any nondeposit product. ``(3) Referral.--Notwithstanding paragraph (2), the regulations shall include standards requiring that a person who accepts deposits from the public at any office of, or on behalf of, an insured depository institution may refer a customer who seeks to purchase, or seeks an opinion or investment advice on, any nondeposit product to a person who sells or provides opinions or investment advice on such product only if-- ``(A) the consumer explicitly requests such referral; and ``(B) the person who accepts deposits-- ``(i) does not solicit such request; ``(ii) discloses to the consumer that such product is not insured by the institution, the Federal Deposit Insurance Corporation, or the United States Government, or the institution; and ``(iii) does not receive any compensation for the referral. ``(4) Qualification requirements and training.--Standards prohibiting any depository institution from permitting any person to sell or offer for sale, or provide an opinion or investment advice about, any nondeposit product in any part of any office of the institution, or on behalf of the institution, unless such person-- ``(A) is registered with the Securities and Exchange Commission as a broker or dealer, as a representative of a broker or dealer, or as an investment adviser; or ``(B) meets qualification and training requirements which the Federal banking agencies jointly determine are equivalent to the training and qualification requirements applicable to a person who is registered with the Commission as a broker or dealer, as a representative of a broker or dealer, or as an investment adviser, as the case may be; or ``(C) in the case of insurance sales, is qualified in accordance with regulations promulgated by the Federal banking regulators or in accordance with state law, as appropriate. ``(5) Compensation programs.--Standards to ensure that compensation programs are not structured in such a way as to provide incentives for the referral or sales of nondeposit products that are not suitable or appropriate for the consumer. ``(e) Consumer Enforcement Mechanism.--The Federal banking regulators shall jointly establish a consumer enforcement mechanism for receiving and resolving within nine months of receipt of a written complaint non-frivolous consumer complaints involving an alleged violation of regulations issued under this section which shall: ``(1) involve an impartial decisionmaker; ``(2) allow consumers to recover from an institution that violates the regulations established under this section; ``(3) provide a written statement of the basis for any decision and a public record of the proceedings. ``(f) Use of Names of Depository Institutions.--No insured depository institution, and no affiliate of any insured depository institution, may use or permit any other person to use the name, title, or logo of such institution or any word or design which is the same as, or substantially similar to, the name, title, or logo of such institution in connection with any nondeposit product-- ``(1) which is offered for sale by the institution or affiliate or by any other person at any office, of, or on behalf of, the institution; or ``(2) with respect to which the institution, affiliate, or other person provides an opinion or advice. ``(g) Requirements Relating to Confidential Consumer Financial Information.--No retail depository institution shall disclose to any affiliate or subsidiary of that institution that is not a retail depository institution, and no affiliate of that company that is not an insured depository institution shall disclose to any other affiliate that is an insured depository institution or a subsidiary thereof, any information regarding transactions or experiences between a consumer and the depository institution affiliate or subsidiary in a position to disclose this information unless the consumer-- ``(1) has received clear and conspicuous disclosure that such information may be communicated among such persons; and ``(2) has had an opportunity, before such information is initially communicated, to direct that such information not be communicated among such persons. The provisions of the Fair Credit Reporting Act shall otherwise with regard to the sharing of information among affiliates; except that section 615(b)(2) of such Act shall apply without regard to section 615(b)(2)(C)(ii). ``(h) No Effect On Other Authority.-- ``(1) In general.--No provision of this section shall be construed as limiting or otherwise affecting-- ``(A) any authority of the Securities and Exchange Commission, any self-regulatory organization, the Municipal Securities Rulemaking Board, or the Secretary of the Treasury under any Federal securities law; ``(B) any authority of any State insurance commissioner or other State authority under any State insurance law; or ``(C) the applicability of any Federal securities law or State insurance law, or any regulation prescribed by the Commission, any self-regulatory organization, the Municipal Securities Rulemaking Board, the Secretary of the Treasury, or any State insurance commissioner or other State authority pursuant to any such law, to any person. ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Federal securities law.--The term `Federal securities law' has the meaning given to the term `securities laws' in section 3(a)(47) of the Securities Exchange Act of 1934. ``(B) Self-regulatory organization.--The term `self-regulatory organization' has the meaning given to such term in section 3(a)(26) of the Securities Exchange Act of 1934.''.", "summary": "Depository Institution Consumer Protection Act of 1997 - Amends the Federal Deposit Insurance Act to require each Federal banking agency to prescribe consumer protection regulations pertaining to the sales, solicitations, advertising, or offers of a nondeposit product by a retail depository institution (including its affiliates, subsidiaries, and persons engaged in such activities at an institution office, or on its behalf). Encompasses within the ambit of such regulations: (1) anticoercion sales and product marketing rules; (2) product suitability; (3) mandatory disclosure of the non-insured and non-guaranteed status of a nondeposit product, including investment risks; (4) prohibition of misrepresentation; (5) physical segregation of banking and nonbanking activities; (6) sales personnel qualification requirements and training; and (7) the structuring of compensation programs with respect to nondeposit product referral or sales incentives. Directs Federal banking regulators to jointly establish a consumer enforcement mechanism for expeditious consumer complaint resolution. Proscribes the use of a deposit institution name or logo in connection with a nondeposit product serviced by such institution. Sets forth safeguards relating to confidential consumer financial information."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Chimney Rock National Monument Establishment Act''. SEC. 2. DEFINITIONS. In this Act: (1) National monument.--The term ``national monument'' means the Chimney Rock National Monument established by section 3(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) State.--The term ``State'' means the State of Colorado. SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT. (a) Establishment.--There is established in the State the Chimney Rock National Monument-- (1) to preserve, protect, and restore the archeological, cultural, historic, geologic, hydrologic, natural, educational, and scenic resources of Chimney Rock and adjacent land; and (2) to provide for public interpretation and recreation consistent with the protection of the resources described in paragraph (1). (b) Boundaries.-- (1) In general.--The national monument shall consist of approximately 4,726 acres of land and interests in land, as generally depicted on the map entitled ``Boundary Map, Chimney Rock National Monument'' and dated January 5, 2010. (2) Minor adjustments.--The Secretary may make minor adjustments to the boundary of the national monument to reflect the inclusion of significant archeological resources discovered after the date of enactment of this Act on adjacent National Forest System land. (3) Availability of map.--The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall-- (1) administer the national monument-- (A) in furtherance of the purposes for which the national monument was established; and (B) in accordance with-- (i) this Act; and (ii) any laws generally applicable to the National Forest System; and (2) allow only such uses of the national monument that the Secretary determines would further the purposes described in section 3(a). (b) Tribal Uses.-- (1) In general.--The Secretary shall administer the national monument in accordance with-- (A) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and (B) the policy described in Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996). (2) Traditional uses.--Subject to any terms and conditions the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the national monument by members of Indian tribes-- (A) for traditional ceremonies; and (B) as a source of traditional plants and other materials. (c) Vegetation Management.--The Secretary may carry out vegetation management treatments within the national monument, except that the harvesting of timber shall only be used if the Secretary determines that the harvesting is necessary for-- (1) ecosystem restoration in furtherance of section 3(a); or (2) the control of fire, insects, or diseases. (d) Motor Vehicles and Mountain Bikes.--The use of motor vehicles and mountain bikes in the national monument shall be limited to the roads and trails identified by the Secretary as appropriate for the use of motor vehicles and mountain bikes. (e) Grazing.--The Secretary shall permit grazing within the national monument, where established before the date of enactment of this Act-- (1) subject to all applicable laws (including regulations); and (2) consistent with the purposes described in section 3(a). (f) Utility Right-of-Way Upgrades.--Nothing in this Act precludes the Secretary from renewing or authorizing the upgrading of a utility right-of-way in existence as of the date of enactment of this Act through the national monument-- (1) in accordance with-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) any other applicable law; and (2) subject to such terms and conditions as the Secretary determines to be appropriate. (g) Education and Interpretive Center.--The Secretary may develop and construct an education and interpretive center to interpret the scientific and cultural resources of the national monument for the public. (h) Designation of Manager.-- (1) In general.--As soon as practicable after the management plan is developed under section 5(a), the Secretary shall designate an individual as manager of the national monument. (2) Other duties.--The manager designated under paragraph (1) shall not be precluded from fulfilling other responsibilities within the San Juan National Forest. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with Indian tribes with a cultural or historic tie to Chimney Rock, shall develop a management plan for the national monument. (b) Public Comment.--In developing the management plan, the Secretary shall provide an opportunity for public comment by-- (1) State and local governments; (2) tribal governments; and (3) any other interested organizations and individuals. SEC. 6. LAND ACQUISITION. The Secretary may acquire land and any interest in land within or adjacent to the boundary of the national monument by-- (1) purchase from willing sellers with donated or appropriated funds; (2) donation; or (3) exchange. SEC. 7. WITHDRAWAL. (a) In General.--Subject to valid existing rights, all Federal land within the national monument (including any land or interest in land acquired after the date of enactment of this Act) is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) subject to subsection (b), operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Limitation.--Notwithstanding subsection (a)(3), the Federal land is not withdrawn for the purposes of issuance of gas pipeline rights-of-way within easements in existence as of the date of enactment of this Act. SEC. 8. EFFECT. (a) Water Rights.-- (1) In general.--Nothing in this Act affects any valid water rights, including water rights held by the United States. (2) Reserved water right.--The designation of the national monument does not create a Federal reserved water right. (b) Tribal Rights.--Nothing in this Act affects-- (1) the rights of any Indian tribe on Indian land; (2) any individually held trust land or Indian allotment; or (3) any treaty rights providing for nonexclusive access to or within the national monument by members of Indian tribes for traditional and cultural purposes. (c) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to the management of fish and wildlife on public land in the State. (d) Adjacent Uses.--Nothing in this Act-- (1) creates a protective perimeter or buffer zone around the national monument; or (2) affects private property outside of the boundary of the national monument. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.", "summary": "Chimney Rock National Monument Establishment Act - Designates the Chimney Rock National Monument in Colorado to preserve, protect, and restore the cultural, historic, natural, educational, and scenic resources of Chimney Rock and adjacent land and to provide for public interpretation and recreation consistent with the protection of such resources. Authorizes the Secretary of Agriculture (USDA) to make minor adjustments to the boundaries of the Monument to reflect the inclusion of significant archaeological resources discovered on adjacent National Forest System land. Permits only such uses of the Monument that would further the purposes specified above. Allows for continued use of the Monument by Indian tribes for traditional ceremonies and as a source of traditional plants and other materials. Authorizes the Secretary to carry out vegetation management treatments within the Monument, with the exception of timber harvesting which shall only be used when necessary for ecosystem restoration or the control of fire, insects, or diseases. Authorizes the construction of an education and interpretive center to interpret the Monument's scientific and cultural resources for the public. Requires the Secretary to develop a management plan for the Monument."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Care Planning Improvement Act of 2007''. SEC. 2. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES. (a) In General.--Section 1814(a)(2) of the Social Security Act (42 U.S.C. 1395f(a)(2)), in the matter preceding subparagraph (A), is amended-- (1) by inserting ``(as those terms are defined in section 1861(aa)(5))'' after ``clinical nurse specialist''; and (2) by inserting ``, or in the case of services described in subparagraph (C), a physician, or a nurse practitioner or clinical nurse specialist who is working in collaboration with a physician in accordance with State law, or a certified nurse- midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician'' after ``collaboration with a physician''. (b) Conforming Amendments.--(1) Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended-- (A) in paragraph (2)(C), by inserting ``, a nurse practitioner, a clinical nurse specialist, a certified nurse- midwife, or a physician assistant (as the case may be)'' after ``physician'' each place it appears; (B) in the second sentence, by striking ``or clinical nurse specialist'' and inserting ``clinical nurse specialist, certified nurse-midwife, or physician assistant''; (C) in the third sentence-- (i) by striking ``physician certification'' and inserting ``certification''; (ii) by inserting ``(or on January 1, 2008, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2007)'' after ``1981''; and (iii) by striking ``a physician who'' and inserting ``a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who''; and (D) in the fourth sentence, by inserting ``, nurse practitioner, clinical nurse specialist, certified nurse- midwife, or physician assistant'' after ``physician''. (2) Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended-- (A) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting ``or, in the case of services described in subparagraph (A), a physician, or a nurse practitioner or clinical nurse specialist (as those terms are defined in 1861(aa)(5)) who is working in collaboration with a physician in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician'' after ``a physician''; and (ii) in each of clauses (ii) and (iii) of subparagraph (A) by inserting ``, a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be)'' after ``physician''; (B) in the third sentence, by inserting ``, nurse practitioner, clinical nurse specialist, certified nurse- midwife, or physician assistant (as the case may be)'' after physician; (C) in the fourth sentence-- (i) by striking ``physician certification'' and inserting ``certification''; (ii) by inserting ``(or on January 1, 2008, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2007)'' after ``1981''; and (iii) by striking ``a physician who'' and inserting ``a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who''; and (D) in the fifth sentence, by inserting ``, nurse practitioner, clinical nurse specialist, certified nurse- midwife, or physician assistant'' after ``physician''. (3) Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (m)-- (i) in the matter preceding paragraph (1)-- (I) by inserting ``a nurse practitioner or a clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in subsection (aa)(5))'' after ``physician'' the first place it appears; and (II) by inserting ``a nurse practitioner, a clinical nurse specialist, a certified nurse- midwife, or a physician assistant'' after ``physician'' the second place it appears; and (ii) in paragraph (3), by inserting ``a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant'' after ``physician''; and (B) in subsection (o)(2)-- (i) by inserting ``, nurse practitioners or clinical nurse specialists (as those terms are defined in subsection (aa)(5)), certified nurse-midwives (as defined in section 1861(gg)), or physician assistants (as defined in subsection (aa)(5))'' after ``physicians''; and (ii) by inserting ``, nurse practitioner, clinical nurse specialist, certified nurse-midwife, physician assistant,'' after ``physician''. (4) Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended-- (A) in subsection (c)(1), by inserting ``, the nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), the certified nurse-midwife (as defined in section 1861(gg)), or the physician assistant (as defined in section 1861(aa)(5)),'' after ``physician''; and (B) in subsection (e)-- (i) in paragraph (1)(A), by inserting ``, a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in section 1861(aa)(5))'' after ``physician''; and (ii) in paragraph (2)-- (I) in the heading, by striking ``Physician certification'' and inserting ``Rule of construction regarding requirement for certification''; and (II) by striking ``physician''. (c) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2008.", "summary": "Home Health Care Planning Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to revise conditions of and limitations on payment for home health care services. Allows payment for home health services to Medicare beneficiaries by: (1) a nurse practitioner; (2) a clinical nurse specialist working in collaboration with a physician in accordance with state law; (3) a certified nurse-midwife; or (4) a physician assistant under a physician's supervision."}
{"article": "SECTION 1. MODIFICATIONS OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR POWER FACILITIES. (a) Treatment of Unutilized Limitation Amounts.--Section 45J(b) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (4), by inserting ``or any amendment to'' after ``enactment of'', and (2) by adding at the end the following new paragraph: ``(5) Allocation of unutilized limitation.-- ``(A) In general.--Any unutilized national megawatt capacity limitation shall be allocated by the Secretary under paragraph (3) as rapidly as is practicable after December 31, 2020-- ``(i) first to facilities placed in service on or before such date to the extent that such facilities did not receive an allocation equal to their full nameplate capacity, and ``(ii) then to facilities placed in service after such date in the order in which such facilities are placed in service. ``(B) Unutilized national megawatt capacity limitation.--The term `unutilized national megawatt capacity limitation' means the excess (if any) of-- ``(i) 6,000 megawatts, over ``(ii) the aggregate amount of national megawatt capacity limitation allocated by the Secretary before January 1, 2021, reduced by any amount of such limitation which was allocated to a facility which was not placed in service before such date. ``(C) Coordination with other provisions.--In the case of any unutilized national megawatt capacity limitation allocated by the Secretary pursuant to this paragraph-- ``(i) such allocation shall be treated for purposes of this section in the same manner as an allocation of national megawatt capacity limitation, and ``(ii) subsection (d)(1)(B) shall not apply to any facility which receives such allocation.''. (b) Transfer of Credit by Certain Public Entities.-- (1) In general.--Section 45J of such Code is amended-- (A) by redesignating subsection (e) as subsection (f), and (B) by inserting after subsection (d) the following new subsection: ``(e) Transfer of Credit by Certain Public Entities.-- ``(1) In general.--If, with respect to a credit under subsection (a) for any taxable year-- ``(A) the taxpayer would be a qualified public entity, and ``(B) such entity elects the application of this paragraph for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election (and not the qualified public entity) shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). ``(2) Definitions.--For purposes of this subsection-- ``(A) Qualified public entity.--The term `qualified public entity' means-- ``(i) a Federal, State, or local government entity, or any political subdivision, agency, or instrumentality thereof, ``(ii) a mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2), or ``(iii) a not-for-profit electric utility which has or had received a loan or loan guarantee under the Rural Electrification Act of 1936. ``(B) Eligible project partner.--The term `eligible project partner' means-- ``(i) any person responsible for, or participating in, the design or construction of the advanced nuclear power facility to which the credit under subsection (a) relates, ``(ii) any person who participates in the provision of the nuclear steam supply system to the advanced nuclear power facility to which the credit under subsection (a) relates, ``(iii) any person who participates in the provision of nuclear fuel to the advanced nuclear power facility to which the credit under subsection (a) relates, or ``(iv) any person who has an ownership interest in such facility. ``(3) Special rules.-- ``(A) Application to partnerships.--In the case of a credit under subsection (a) which is determined at the partnership level-- ``(i) for purposes of paragraph (1)(A), a qualified public entity shall be treated as the taxpayer with respect to such entity's distributive share of such credit, and ``(ii) the term `eligible project partner' shall include any partner of the partnership. ``(B) Taxable year in which credit taken into account.--In the case of any credit (or portion thereof) with respect to which an election is made under paragraph (1), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the qualified public entity's taxable year with respect to which the credit was determined. ``(C) Treatment of transfer under private use rules.--For purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this subsection shall not be taken into account as a private business use.''. (2) Special rule for proceeds of transfers for mutual or cooperative electric companies.--Section 501(c)(12) of such Code is amended by adding at the end the following new subparagraph: ``(I) In the case of a mutual or cooperative electric company described in this paragraph or an organization described in section 1381(a)(2), income received or accrued in connection with an election under section 45J(e)(1) shall be treated as an amount collected from members for the sole purpose of meeting losses and expenses.''. (c) Effective Dates.-- (1) Treatment of unutilized limitation amounts.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Transfer of credit by certain public entities.--The amendments made by subsection (b) shall apply to taxable years beginning after December 31, 2016.", "summary": "This bill amends the Internal Revenue Code, with respect to the tax credit for the production of electricity from advanced nuclear power facilities, to: (1) establish requirements for the allocation of unutilized portions of the national megawatt capacity limitation, and (2) allow public entities to transfer the credit to project partners. If a portion of the 6,000 national megawatt capacity limitation for the credit is unutilized after December 31, 2020, the Internal Revenue Service must allocate the unutilized capacity: (1) first to facilities that were placed in service on or before December 31, 2020, and did not receive an allocation equal to their full nameplate capacity, and (2) then to facilities placed in service after December 31, 2020, in the order in which the facilities are placed in service. The placed-in-service sunset date of January 1, 2021, does not apply to the allocations of unutilized national megawatt capacity. Qualified public entities may transfer the credit to an eligible project partner. A "qualified public entity" is: (1) a federal, state, or local government or any political subdivision, agency, or instrumentality thereof; (2) a mutual or cooperative electric company; or (3) a not-for-profit electric utility which has or had received a loan or loan guarantee under the Rural Electrification Act of 1936. An "eligible project partner" includes any person who: (1) is responsible for, or is participating in, the design or construction of the facility; (2) participates in the provision of nuclear steam or nuclear fuel to the facility, or (3) has an ownership interest in the facility."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Potential Creation of a National Women's History Museum Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Commission to Study the Potential Creation of a National Women's History Museum established by section 3(a). (2) Museum.--The term ``Museum'' means the National Women's History Museum. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established the Commission to Study the Potential Creation of a National Women's History Museum. (b) Membership.--The Commission shall be composed of 8 members, of whom-- (1) 2 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 2 members shall be appointed by the minority leader of the House of Representatives. (c) Qualifications.--Members of the Commission shall be appointed to the Commission from among individuals, or representatives of institutions or entities, who possess-- (1)(A) a demonstrated commitment to the research, study, or promotion of women's history, art, political or economic status, or culture; and (B)(i) expertise in museum administration; (ii) expertise in fundraising for nonprofit or cultural institutions; (iii) experience in the study and teaching of women's history; (iv) experience in studying the issue of the representation of women in art, life, history, and culture at the Smithsonian Institution; or (v) extensive experience in public or elected service; (2) experience in the administration of, or the planning for, the establishment of, museums; or (3) experience in the planning, design, or construction of museum facilities. (d) Prohibition.--No employee of the Federal Government may serve as a member of the Commission. (e) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. (f) Vacancies.--A vacancy in the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (g) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. SEC. 4. DUTIES OF THE COMMISSION. (a) Reports.-- (1) Plan of action.--The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action for the establishment and maintenance of a National Women's History Museum in Washington, DC. (2) Report on issues.--The Commission shall submit to the President and Congress a report that addresses the following issues: (A) The availability and cost of collections to be acquired and housed in the Museum. (B) The impact of the Museum on regional women history-related museums. (C) Potential locations for the Museum in Washington, DC, and its environs. (D) Whether the Museum should be part of the Smithsonian Institution. (E) The governance and organizational structure from which the Museum should operate. (F) Best practices for engaging women in the development and design of the Museum. (G) The cost of constructing, operating, and maintaining the Museum. (3) Deadline.--The reports required under paragraphs (1) and (2) shall be submitted not later than the date that is 18 months after the date of the first meeting of the Commission. (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through contributions from the public. (2) Considerations.--In developing the fundraising plan under paragraph (1), the Commission shall consider-- (A) the role of the National Women's History Museum (a nonprofit, educational organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that was incorporated in 1996 in Washington, DC, and dedicated for the purpose of establishing a women's history museum) in raising funds for the construction of the Museum; and (B) issues relating to funding the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. (3) Independent review.--The Commission shall obtain an independent review of the viability of the plan developed under paragraph (1) and such review shall include an analysis as to whether the plan is likely to achieve the level of resources necessary to fund the construction of the Museum and the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. (4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. (c) Legislation To Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under paragraphs (1) and (2) of subsection (a), the Commission shall submit for consideration to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate recommendations for a legislative plan of action to establish and construct the Museum. (d) National Conference.--Not later than 18 months after the date on which the initial members of the Commission are appointed under section 3, the Commission may, in carrying out the duties of the Commission under this section, convene a national conference relating to the Museum, to be comprised of individuals committed to the advancement of the life, art, history, and culture of women. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) Director and Staff.-- (1) In general.--The Commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the Commission to perform the duties of the Commission. (2) Rates of pay.--Rates of pay for persons employed under paragraph (1) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code. (b) Not Federal Employment.--Any individual employed under this Act shall not be considered a Federal employee for the purpose of any law governing Federal employment. (c) Technical Assistance.-- (1) In general.--Subject to paragraph (2), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. (2) Prohibition.--No Federal employees may be detailed to the Commission. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Compensation.-- (1) In general.--A member of the Commission-- (A) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (B) shall serve without pay. (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (b) Gifts, Bequests, Devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. (c) Federal Advisory Committee Act.--The Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 7. TERMINATION. The Commission shall terminate on the date that is 30 days after the date on which the final versions of the reports required under section 4(a) are submitted. SEC. 8. FUNDING. (a) In General.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. (b) Prohibition.--No Federal funds may be obligated to carry out this Act. Passed the House of Representatives May 7, 2014. Attest: KAREN L. HAAS, Clerk.", "summary": "Commission to Study the Potential Creation of a National Women's History Museum Act - Establishes the Commission to Study the Potential Creation of a National Women's History Museum. Requires the Commission to: (1) report recommendations for a plan of action for the establishment and maintenance of a National Women's History Museum in Washington, D.C.; (2) develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through public contributions; (3) obtain an independent review of such fundraising plan, including an analysis of the resources necessary to fund the construction of the Museum and its operations and maintenance in perpetuity without reliance on federal funds; and (4) submit a legislative plan of action to establish and construct the Museum. Directs the Commission's recommendations to address issues including the impact of the Museum on regional women history-related museums, whether it should be part of the Smithsonian Institution, and the cost of constructing, operating, and maintaining the Museum and acquiring its collections. Prohibits federal funds from being obligated to carry out this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Graduation Really Achieves Dreams Act'' or the ``GRAD Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The national secondary school graduation rate is only 70 percent. For the class of 2001, the national graduation rate was only 51 percent for African-American students and 52 percent for Latino students. (2) In our Nation's high poverty urban districts, as few as \\1/3\\ of students graduate from secondary school. In these places, completion rates among certain disadvantaged groups of students are often lower still. (3) In rural areas, where \\1/3\\ of American students attend school, only 58.8 percent of students attend institutions of higher education, compared with 68.2 percent of American students from urban and suburban areas. (4) Each school day, approximately 3,000 secondary school students drop out of school. (5) Alaska Natives have a substantially higher dropout rate than all other students in Alaska as a group. The dropout rate is 8.8 percent for Alaska Natives compared to 4.7 percent for the 2001-2002 school year for other students in Alaska. (6) The 6,000,000 secondary students who make up the lowest 25 percent in terms of achievement scores are 3.5 times more likely to drop out of secondary school than students in the next highest quarter of academic achievement, and are 20 times more likely to drop out than high achieving students. (7) Approximately 25 percent of secondary school students are reading at below basic levels. The problem is even more severe for poor students of color. The average minority or low- income 9th grader performs at only the 5th or 6th grade level in reading. (8) During the 2002-2003 school year Alaska Benchmark Examinations, significantly lower percentages of Alaska Natives were proficient in reading, writing, and mathematics at each of the 3 tested grade levels when compared to all other students. These achievement gaps persist into secondary school, where significantly lower percentages of Alaska Natives were proficient in the subjects tested on the Alaska High School Graduation Qualifying Examination in all grade levels where that test was administered in 2002-2003 school year. (9) Achievement gaps persist across racial and socioeconomic lines in rural schools. There are 2,500,000 poor children in rural areas and the child poverty rate in some rural areas is 2 to 3 times the national average. (10) Recruiting and retaining good teachers is an enormous challenge in rural areas. The average salary in rural districts is 13.4 percent lower than in nonrural areas, and teachers often teach more than 1 subject, teach in poor working conditions, live far from colleges, have little access to training, and face geographic and social isolation. (11) Low graduation rates and college attendance rates are evidence that, in the earlier grades, schools are not meeting the fundamental achievement needs of low-income, minority, and rural students. (12) Even those students who do graduate from secondary schools and go on to college are struggling because they lack the basic skills to succeed. Approximately 40 percent of all 4- year college students take a remedial course and 63 percent of all community college students are assigned to at least 1 remedial course. (13) A small percentage of low-income students who manage to enter college are able to complete a degree. Of students from families in the bottom 20 percent in terms of income who enter college, only 27 percent go on to complete a 2- or 4-year college degree within 8 years. (14) Graduation rates impact early drop-out rates in the military. The attrition rates in the military of both individuals who are not secondary school graduates and GED recipients are 8 percentage points higher than the attrition rate of secondary school graduates. As a result, the Armed Forces no longer accept secondary school dropouts and put less value on alternative certificates. (15) Students who fail to graduate from secondary school are more likely to engage in criminal activity than students who graduate. A 1-percent increase in secondary school graduation rates would save approximately $1,400,000,000 in costs associated with incarceration, or about $2,100 for each male secondary school graduate. (16) In today's workplace, nearly 8 in 10 adults with baccalaureate degrees are employed, but for those who completed secondary school only, the number falls to about 6 in 10. And for students who dropped out of secondary school, the number drops further to 4 in 10. (17) Employment projections indicate that jobs requiring only a secondary school degree will grow by just 9 percent by the year 2008, while those jobs requiring a bachelor's degree will grow by 25 percent and those jobs requiring an associate's degree will grow by 31 percent. (18) Personalization of the school environment has been proven to increase success rates for low-performing secondary school students. Nearly 50 percent of middle school youth and 40 percent of secondary school youth report feelings of disengagement from school. Rates are even higher for teens and minorities in urban schools. These feelings result in failure to work hard, to seek assistance, or to take appropriate courses. (19) Effective research-based education programs that improve secondary school graduation rates are comprehensive in nature and include interventions that begin in kindergarten or earlier and span all the grades through grade 12. SEC. 3. DEFINITIONS. In this Act: (1) At-risk.--The term ``at-risk'' has the same meaning given such term in section 1432 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6472). (2) Feeder pattern.--The term ``feeder pattern'' means a secondary school and the elementary schools and middle schools that channel students into that secondary school. (3) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. PROJECT GRAD. (a) Purposes.--The purposes of this Act are-- (1) to provide support and assistance to programs implementing integrated education reform services in order to improve secondary school graduation, college attendance, and college completion rates for at-risk students; and (2) to promote the establishment of new programs to implement such integrated education reform services. (b) Grant Authorized.--The Secretary is authorized to award a grant to Project GRAD USA (referred to in this Act as the ``grantee''), a nonprofit educational organization that has as its primary purpose the improvement of secondary school graduation, college attendance, and college completion rates for at-risk students, to implement and sustain the integrated education reform services described in subsection (d)(3) at existing Project GRAD program sites and to promote the expansion of Project GRAD programs to new sites. (c) Requirements of Grant Agreement.--The Secretary shall enter into an agreement with the grantee that requires that the grantee shall-- (1) enter into subcontracts with nonprofit educational organizations that serve a substantial number or percentage of at-risk students (referred to in this Act as ``subcontractors''), under which the subcontractors agree to implement the programs described in subsection (d) and provide matching funds for such programs; (2) directly carry out-- (A) activities to implement and sustain the reading, mathematics, classroom management, social service, and college access programs described in subsection (d)(3); (B) activities to build the organizational and management capacity of the subcontractors to effectively implement and sustain the programs; (C) activities for the purpose of improving and expanding the programs, including activities to further articulate a program for 1 or more grade levels and across grade levels, to tailor a program for a particular target audience, and to provide tighter integration across programs; (D) activities for the purpose of implementing new Project GRAD program sites; (E) activities for the purpose of promoting greater public awareness of integrated education reform services to improve secondary school graduation, college attendance, and college completion rates for at-risk students; and (F) other activities directly related to improving secondary school graduation, college attendance, and college completion rates for at-risk students; and (3) use grant funds available under this Act to pay-- (A) to subcontractors the amount determined under subsection (f); and (B) the costs associated with carrying out the activities described in paragraph (2). (d) Supported Programs.-- (1) Designation.--The subcontractor programs referred to in subsection (c)(1) shall be known as ``Project GRAD programs''. (2) Feeder patterns.--Each subcontractor shall implement a Project GRAD program and shall, with the agreement of the grantee-- (A) identify or establish not less than 1 feeder pattern of public schools; and (B) provide the integrated educational reform services described in paragraph (3) at the identified feeder pattern or feeder patterns. (3) Integrated education reform services.--The services provided through a Project GRAD program shall include-- (A) research-based programs in reading, mathematics, and classroom management; (B) campus-based social services programs, including a systematic approach to increase family and community involvement in the schools served by the Project GRAD program; (C) a college access program that includes-- (i) providing college scholarships for students who meet established criteria; (ii) proven approaches for increasing student and family college awareness; and (iii) assistance for such students in applying for higher education financial aid; and (D) such other services identified by the grantee as necessary to increase secondary school graduation, college attendance, and college completion rates. (e) Grantee Use of Funds.--Of the funds made available under this Act, not more than 8 percent, or $4,000,000, whichever is less, shall be used by the grantee to pay for administration of the grant, with the remainder of funds to be used for the purposes described in subsection (c) (1) and (2). (f) Grantee Contribution and Matching Requirement.-- (1) In general.--The grantee shall provide to each subcontractor an average of $200 for each pupil served by the subcontractor in the Project GRAD program, adjusted to take into consideration-- (A) the resources available in the area where the subcontractor will implement the Project GRAD program; and (B) the need for Project GRAD programs in such area to improve student outcomes, including reading and mathematics achievement and, where applicable, secondary school graduation, college attendance, and college completion rates. (2) Matching requirement.--Each subcontractor shall provide funds for the Project GRAD program in an amount that is equal to the amount received by the subcontractor from the grantee. Such matching funds may be provided in cash or in kind, fairly evaluated. (3) Waiver authority.--The grantee may waive, in whole or in part, the requirement of paragraph (2) for a subcontractor, if the subcontractor-- (A) demonstrates that the subcontractor would not otherwise be able to participate in the program; and (B) enters into an agreement with the grantee with respect to the amount to which the waiver will apply. (4) Decrease in grantee share.--Based on the funds or resources available to a subcontractor, the grantee may elect to provide the subcontractor with an amount that is less than the amount determined under paragraph (1). (g) Evaluation.-- (1) Evaluation by the secretary.--The Secretary shall select an independent entity to evaluate, every 3 years, the performance of students who participate in a Project GRAD program under this Act. The evaluation shall-- (A) be conducted using the strongest possible research design for determining the effectiveness of the Project GRAD programs funded under this Act; and (B) compare reading and mathematics achievement and, where applicable, the secondary school graduation, college attendance, and college completion rates of students who participate in a Project GRAD program funded under this Act with those indicators for students of similar backgrounds who do not participate in such programs. (2) Evaluation by grantee and subcontractors.-- (A) In general.--The grantee shall require each subcontractor to prepare an in-depth report of the results and the use of funds of each Project GRAD program funded under this Act that includes-- (i) data on the reading and mathematics achievement of students involved in the Project GRAD program; (ii) statistics on secondary school graduation, college attendance, and college completion rates; and (iii) such financial reporting as required by the Secretary to review the effectiveness and efficiency of the program. (B) Form of report.--The report shall be in a form and include such content as shall be determined by the grantee, in consultation with the Secretary or the entity selected by the Secretary to evaluate the Project GRAD programs in accordance with paragraph (1). (3) Availability of evaluations.--Copies of any evaluation or report prepared under this subsection shall be made available to-- (A) the Secretary; (B) the chairperson and ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) the chairperson and ranking member of the Committee on Education and the Workforce of the House of Representatives. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $27,000,000 for fiscal year 2006, and such sums as may be necessary for each of the 5 succeeding fiscal years.", "summary": "Graduation Really Achieves Dreams Act - GRAD Act - Authorizes the Secretary of Education to award a grant to Project GRAD USA, a nonprofit educational organization for improving high school graduation and college attendance and completion rates for at-risk students, to provide technical assistance and support through subgrants to existing and new programs that implement a set of integrated education reform services. Requires the grantee to select only subgrantees that serve a substantial number or percentage of at-risk students. Requires the programs to identify one or more groups of public schools at which services will be provided through a feeder pattern through which elementary and secondary schools channel students having participated in program services into an identified high school. Requires program services to include: (1) research-based programs in reading, mathematics, and classroom management; (2) campus-based social services programs, including increasing family and community involvement in schools; (3) a college access program, including providing college scholarships for students who meet established criteria, increasing student and family college awareness, and assisting students to apply for college financial aid; and (4) other services the grantee identifies as necessary."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gender Advancement in Pay Act'' or the ``GAP Act''. SEC. 2. ENHANCED PROHIBITION ON WAGE DISCRIMINATION. Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended-- (1) in paragraph (1)-- (A) in clause (iii), by striking ``or'' at the end; (B) by redesignating clause (iv) as clause (vi); (C) by inserting before clause (vi), as redesignated by subparagraph (B) of this paragraph, the following: ``(iv) a differential based on expertise; (v) a shift differential; or''; and (D) in clause (vi), as redesignated by subparagraph (B) of this paragraph, by striking ``any other factor other than sex'' and inserting ``a business-related factor other than sex, including but not limited to education, training, or experience''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) If a charge is filed by or on behalf of an employee for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), and an action is brought by or on behalf of the employee for a violation of this subsection, with respect to the same practice, or if an action is brought before the Equal Employment Opportunity Commission by or on behalf of the employee for a violation of this subsection, the statute of limitations for the action involved under section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) shall be tolled until the earlier of-- ``(A) the date on which the Equal Employment Opportunity Commission or the Attorney General brings an action or provides notification to the employee with respect to the charge under section 706(f)(1) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(f)(1)); or ``(B) the date that is 270 days after the date on which such charge is filed.''. SEC. 3. NONRETALIATION PROVISION. Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215) is amended-- (1) in subsection (a)(3), by striking ``employee has filed'' and all that follows and inserting ``employee-- ``(A) has made a charge or filed any complaint or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this Act, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing, or action, or has served or is planning to serve on an industry committee; or ``(B) has inquired about, discussed, or disclosed the wages of the employee or another employee, or has declined to discuss or disclose the wages of the employee;''; and (2) by adding at the end the following: ``(c)(1) Subsection (a)(3)(B) shall not apply to an instance in which an employee who has access to the wage information of other employees as a part of such employee's essential job functions discloses the wages of any of such other employees to an individual who does not otherwise have access to such information, unless such disclosure is in response to a charge or complaint or in furtherance of an investigation, proceeding, hearing, or action under or related to section 6(d), including an investigation conducted by the employer. ``(2) Any employer who requires an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages shall be considered to have committed an unlawful act under subsection (a)(3)(B). ``(3) Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law.''. SEC. 4. CIVIL PENALTY. Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended-- (1) in paragraph (2)-- (A) by striking ``(2)'' and inserting ``(2)(A)''; and (B) by adding at the end the following: ``(B)(i) Any person who willfully violates section 6(d) shall be subject to-- ``(I) a civil penalty in an amount described in clause (ii) for each employee affected (less the amount of any penalty the person has paid under State law for the wage differential involved); and ``(II) any penalty that may apply under subparagraph (A). ``(ii) The amount referred to in clause (i)(I) shall be-- ``(I) for an employer with not more than 100 employees, the lesser of the amount of the liquidated damages available under subsection (b) or (c), or $2,500; ``(II) for an employer with not less than 101 and not more than 200 employees, the lesser of the amount of the liquidated damages available under subsection (b) or (c), or $5,000; ``(III) for an employer with not less than 201 and not more than 500 employees, the lesser of the amount of the liquidated damages available under subsection (b) or (c), or $10,000; and ``(IV) for an employer with not less than 501 employees, the lesser of the amount of the liquidated damages available under subsection (b) or (c), or $15,000.''; (2) in paragraph (3), in the first sentence, by striking ``this subsection'' and inserting ``this subsection (other than paragraph (2)(B)); and (3) in paragraph (5)-- (A) in the first sentence, by striking ``violations of section 12'' and inserting ``violations of section 6(d) or section 12''; and (B) by inserting after the first sentence the following: ``Civil penalties collected for violations of section 6(d) shall be deposited in the account created under section 5(d) of the GAP Act.''. SEC. 5. STUDY ON HIGH-WAGE, HIGH-DEMAND OCCUPATIONS AND EQUIVALENT PAY. (a) Joint Study.--Using funds from the account created under subsection (d), the Secretary of Labor, together with the Secretary of Education, shall conduct a multistate study, through a grant to a nonprofit research institution, that includes strategies to increase the participation of women in-- (1) high-wage, high-demand occupations; and (2) industries in which women are underrepresented. (b) Comptroller General Study.--Using funds from the account created under subsection (d), the Comptroller General of the United States shall conduct a multistate study to develop strategies described in subsection (a). (c) Reports.--Not later than 2 years after the date of enactment of this Act-- (1) the Secretary of Labor and the Secretary of Education shall submit to Congress a report containing-- (A) a statement of the findings and conclusions of the study under subsection (a); and (B) any recommendations the Secretary of Labor and the Secretary of Education consider appropriate based on their conclusions; (2) the Comptroller General shall submit to Congress a report containing-- (A) a statement of the findings and conclusions of the study under subsection (b); and (B) any recommendations the Comptroller General considers appropriate based on its conclusions; and (3) the Secretary of Labor, the Secretary of Education, and the Comptroller General shall make available to the public the reports described in this subsection. (d) Accounts.-- (1) In general.--The Secretary of Labor shall create an account to manage the funds required to conduct the studies under subsections (a) and (b) and to complete the reports under subsection (c). The account shall contain the civil penalties collected under section 16(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(2)). (2) Withdrawal of funds.--The Secretary of Labor is authorized to withdraw funds from the account created under subsection (d) to carry out the joint study under subsection (a). (3) Transfer of funds.--At the request of the Comptroller General, the Secretary of Labor shall transfer to the Comptroller General the funds required to carry out the study under subsection (b). SEC. 6. SMALL BUSINESS ASSISTANCE. (a) Effective Date.--This Act and the amendments made by this Act shall take effect on the date that is 6 months after the date of enactment of this Act. (b) Technical Assistance Materials.--The Secretary of Labor and the Equal Employment Opportunity Commission shall jointly develop technical assistance materials to assist small businesses in complying with the requirements of this Act and the amendments made by this Act. (c) Small Businesses.--A small business shall be exempt from the provisions of this Act, and the amendments made by this Act, to the same extent that such business is exempt from the requirements of the Fair Labor Standards Act of 1938 pursuant to clauses (i) and (ii) of section 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)). SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act, or in any amendment made by this Act, shall affect the obligation of employers and employees to fully comply with all applicable immigration laws, including any penalties, fines, or other sanctions.", "summary": "Gender Advancement in Pay Act or the GAP Act This bill amends the Fair Labor Standards Act of 1938 to expand exceptions to the prohibition against sex discrimination to include payments pursuant to a differential based on expertise, shift, or a business-related factor other than sex, including but not limited to education, training, or experience. The statute of limitations under the Portal-to-Portal Act of 1947 for a charge of prohibited sex discrimination, or an action by or on behalf of an employee for such discrimination, shall be tolled until the earlier of: (1) the date on which the Equal Employment Commission or the Department of Justice brings an action or notifies the employee concerned with respect to the charge under the Civil Rights Act of 1964, or (2) 270 days after the charge is filed. Nonretaliation prohibitions are extended to cover inquiring about, discussing, or disclosing the wages of an employee or of another employee, or declining to discuss or disclose the employee's wages, with specified exceptions. An employer shall be considered to have committed an unlawful act if the employer requires an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages. Civil penalties are established for violation of prohibitions against sex discrimination. The Department of Labor, together with the Department of Education, shall conduct a multistate study, through a grant to a nonprofit research institution, that includes strategies to increase the participation of women in high-wage, high-demand occupations and industries in which women are underrepresented. The Government Accountability Office shall also conduct a multistate study to develop such strategies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Community Safety Act of 2010''. SEC. 2. FIRST RESPONDER AGENCY GRANTS. (a) In General.--Title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the following: ``Subtitle C--Other Assistance ``SEC. 2041. FIRST RESPONDER AGENCY GRANTS. ``(a) Definitions.--In this section-- ``(1) the term `active duty' has the meaning given that term in section 101 of title 10, United States Code; ``(2) the term `eligible first responder agency' means a first responder agency for which the cost of operating the first responder agency has increased by not less than 5 percent as a direct result of 1 or more employees of the first responder agency who are reservists being placed on active duty; ``(3) the term `first responder agency' means-- ``(A) a law enforcement agency or fire service (as defined in section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203)) of a State or local government; or ``(B) a publicly or privately operated ambulance service that is-- ``(i) authorized or licensed by a State to engage in rescue activity or to provide emergency medical services; and ``(ii) designated by a State as a prehospital emergency medical response agency; and ``(4) the term `reservist' means a member of a reserve component of the Armed Forces, as defined in section 10101 of title 10, United States Code. ``(b) Authorization.-- ``(1) In general.--Subject to paragraph (2), the Administrator may make a grant to an eligible first responder agency for the additional costs incurred by the eligible first responder agency as a direct result of 1 or more employees of the agency or service who are reservists being placed on active duty. ``(2) Limitation for federally funded positions.--The Administrator may not make a grant under this section for costs relating to an employee being placed on active duty if Federal funds are used, in whole or in part, for the pay or benefits of the employee. ``(c) Use of Funds.--A grant under this section may be used for-- ``(1) pay and benefits for an individual hired to replace an employee placed on active duty; ``(2) overtime expenses for an employee that performs tasks that would have been performed by an employee placed on active duty; and ``(3) the cost of equipment, maintenance, or other activities-- ``(A) the eligible first responder agency was unable to acquire or perform because of the cost of replacing an employee placed on active duty; or ``(B) the need for which was caused by an employee being placed on active duty. ``(d) Period of Grant.--A grant under this section shall be for a period of 6 months.''. (b) Reporting.-- (1) Definitions.--In this subsection, the terms ``active duty'', ``first responder agency'', and ``reservist'' have the meanings given those terms in section 2041 of the Homeland Security Act of 2002, as added by subsection (a). (2) Report.--Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to Congress a report regarding the placing on active duty of employees of first responder agencies that are reservists, including an evaluation of-- (A) the effects, including financial effects, of placing the employees on active duty on-- (i) the operation of the first responder agencies; and (ii) the services the first responder agencies provide to the communities served by the first responder agencies; and (B) first responder agency grants under section 2041 of the Homeland Security Act of 2002, as added by subsection (a), including the effect of the grants on-- (i) the operation of the first responder agencies; and (ii) the services the first responder agencies provide to the communities served by the first responder agencies. (c) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following: ``Subtitle C--Other Assistance ``Sec. 2041. First responder agency grants.''.", "summary": "Strengthening Community Safety Act of 2010 - Amends the Homeland Security Act of 2002 to authorize the Administrator of the Federal Emergency Management Agency (FEMA) to make a grant to an eligible first responder agency for the additional costs incurred as a direct result of one or more of its employees who are reservists being placed on active duty. Defines \"eligible first responder agency\" as one for which the cost of operating has increased by not less than 5% as a direct result of such employees being placed on active duty. Prohibits the Administrator from making a grant for costs relating to an employee being placed on active duty if federal funds are used for that employee's pay or benefits. Authorizes the use of grant funds for: (1) pay or benefits for an individual hired to replace such an employee; (2) overtime expenses for an individual who performs tasks that would have been performed by such an employee; and (3) the cost of equipment, maintenance, or other activities the agency was unable to acquire or perform because of the cost of replacing such an employee or the need for which was caused by an employee being placed on active duty. Limits the grant period to six months."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Tax Protection Act of 2012''. SEC. 2. EXTENSION OF 2001 TAX RELIEF FOR THE MIDDLE CLASS. (a) In General.--In the case of the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 which are specified in subsection (b) (and the amendments made by such provisions), section 901 of such Act shall be applied by substituting ``December 31, 2013'' for ``December 31, 2012'' the first place it appears. (b) Specified EGTRRA Provisions.--The following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 are specified in this subsection: (1) Title I (relating to individual income tax rate reductions). (2) Title II (relating to tax benefits related to children). (3) Title III (relating to marriage penalty relief). (4) Title IV (relating to affordable education provisions). (c) Certain Provisions Not Applicable to High-Income Individuals.-- (1) Individual income tax rates.--Subsection (i) of section 1 of the Internal Revenue Code of 1986 is amended by striking paragraph (2), by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (1) the following new paragraphs: ``(2) 25- and 28-Percent rate brackets.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `25%' for `28%' each place it appears (before the application of subparagraph (B)), ``(B) by substituting `28%' for `31%' each place it appears, and ``(C) by substituting `33%' for `36%' each place it appears. ``(3) 35-Percent rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2012-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the highest rate bracket shall be 35 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable threshold, over ``(II) the dollar amount at which such bracket begins, and ``(ii) the 39.6 percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(B) Applicable threshold.--For purposes of this paragraph, the term `applicable threshold' means-- ``(i) $500,000 in the case of subsection (a), and ``(ii) \\1/2\\ the amount applicable under clause (i) in the case of subsections (b), (c), and (d). ``(C) Highest rate bracket.--For purposes of this paragraph, the term `highest rate bracket' means the bracket which would (determined without regard to this paragraph) be the 39.6-percent rate bracket.''. (2) Phaseout of personal exemptions and itemized deductions.-- (A) Overall limitation on itemized deductions.-- Section 68 of such Code is amended-- (i) by striking ``the applicable amount'' the first place it appears in subsection (a) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (ii) by striking ``the applicable amount'' in subsection (a)(1) and inserting ``such applicable threshold'', (iii) by striking subsection (b) and redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and (iv) by striking subsections (f) and (g). (B) Phaseout of deductions for personal exemptions.-- (i) In general.--Paragraph (3) of section 151(d) of such Code is amended-- (I) by striking ``the threshold amount'' in subparagraphs (A) and (B) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (II) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C), and (III) by striking subparagraphs (E) and (F). (ii) Conforming amendment.--Paragraph (4) of section 151(d) of such Code is amended-- (I) by striking subparagraph (B), (II) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively, and by indenting such subparagraphs (as so redesignated) accordingly, and (III) by striking all that precedes ``in a calendar year after 1989,'' and inserting the following: ``(4) Inflation adjustment.--In the case of any taxable year beginning''. (3) Application of sunsets.-- (A) Individual income tax rates.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall apply to the amendments made by paragraph (1) to the same extent and in the same manner as such section applies to the amendments made by section 101 of such Act. (B) Phaseout of personal exemptions and itemized deductions.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall apply to the amendments made by paragraph (2) to the same extent and in the same manner as such section applies to the amendments made by section 102 of such Act. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 3. EXTENSION OF 2003 TAX RELIEF FOR THE MIDDLE CLASS. (a) In General.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (b) Certain Provisions Not Applicable to High-Income Individuals.-- (1) In general.--Paragraph (1) of section (1)(h) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or ``(ii) the excess (if any) of-- ``(I) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 39.6 percent, over ``(II) the sum of the amounts on which tax is determined under subparagraphs (A) and (B), ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),''. (2) Dividends.--Subparagraph (A) of section 1(h)(11) of such Code is amended by striking ``qualified dividend income'' and inserting ``so much of the qualified dividend income as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 39.6 percent, over ``(ii) taxable income reduced by qualified dividend income.''. (3) Minimum tax.--Section 55 of such Code is amended by adding at the end the following new subsection: ``(f) Application of Maximum Rate of Tax on Net Capital Gain of Noncorporate Taxpayers.--In the case of taxable years beginning after December 31, 2012, the amount determined under subparagraph (C) of subsection (b)(3) shall be the sum of-- ``(1) 15 percent of the lesser of-- ``(A) so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B) of subsection (b)(3), or ``(B) the excess described in section 1(h)(1)(C)(ii), plus ``(2) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subsection (b)(3)(B) and paragraph (1).''. (4) Conforming amendments.-- (A) The following provisions are amended by striking ``15 percent'' and inserting ``20 percent'': (i) Section 1445(e)(1) of the Internal Revenue Code of 1986. (ii) The second sentence of section 7518(g)(6)(A) of such Code. (iii) Section 53511(f)(2) of title 46, United States Code. (B) Sections 531 and 541 of the Internal Revenue Code of 1986 are each amended by striking ``15 percent of'' and inserting ``the product of the highest rate of tax under section 1(c) and''. (C) Section 1445(e)(6) of such Code is amended by striking ``15 percent (20 percent in the case of taxable years beginning after December 31, 2010)'' and inserting ``20 percent''. (5) Application of sunset.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 shall apply to the amendments made by this subsection to the same extent and in the same manner as such section applies to the amendments made by title III of such Act. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2012. (2) Withholding.--The amendments made by subparagraphs (A)(i) and (C) of subsection (b)(4) shall apply to amounts paid on or after January 1, 2013. SEC. 4. EXTENSION OF 2009 TAX RELIEF. (a) American Opportunity Tax Credit.-- (1) In general.--Section 25A(i) of the Internal Revenue Code of 1986 is amended by striking ``or 2012'' and inserting ``2012, or 2013''. (2) Treatment of possessions.--Section 1004(c)(1) of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking ``and 2012'' each place it appears and inserting ``2012, and 2013''. (b) Child Tax Credit.--Section 24(d)(4) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and 2012'' in the heading and inserting ``2012, and 2013'', and (2) by striking ``or 2012'' and inserting ``2012, or 2013''. (c) Earned Income Tax Credit.--Section 32(b)(3) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and 2012'' in the heading and inserting ``2012, and 2013'', and (2) by striking ``or 2012'' and inserting ``2012, or 2013''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012.", "summary": "Working Families Tax Protection Act of 2012 - Extends through 2013 the terminating date for provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 relating to: (1) individual income tax rate reductions, (2) tax benefits related to children and adoption, (3) reduction of the marriage penalty, and (4) education assistance. Denies such extension to taxpayers whose income exceeds $500,000. Extends through 2013 the terminating date for provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 relating to reductions in the tax rate for dividend and capital gain income. Denies such extension to taxpayers whose income is taxed at the maximum income tax rate. Amends the Internal Revenue Code to extend through 2013: (1) the increased American Opportunity tax credit, (2) the increase in the refundable portion of the child tax credit, and (3) the increased earned income tax credit percentage for three or more qualifying children."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Workers' Rights Principles for United States Businesses in China Act''. SEC. 2. STATEMENT OF PRINCIPLES. (a) Purpose.--It is the purpose of this Act to establish principles on workers' rights for United States companies that do business in the People's Republic of China and in Tibet. (b) Principles.--It is the sense of Congress that any United States company doing business in the People's Republic of China or Tibet shall, within its facilities and those of its suppliers in the People's Republic of China or Tibet, do the following: (1) Prohibit the manufacture of goods or products by bonded labor or forced labor within prison camps or as part of reform- through-labor or reeducation-through-labor programs. (2) Provide wages that meet workers' basic needs and provide fair and decent working hours, including at a minimum, adhering to the wage and hour guidelines under the national labor laws and policies of the People's Republic of China. (3) Use production methods that do not negatively affect the occupational safety and health of workers. (4) Prohibit the use of corporal punishment, as well as any physical, sexual, or verbal abuse or harassment, of workers. (5) Refrain from seeking police or military intervention to prevent workers from exercising their rights. (6) Promote the following freedoms among their employees and the employees of their suppliers: freedom of association and assembly (including the right to form unions and to bargain collectively); freedom of expression; and freedom from arbitrary arrest or detention. (7) Prohibit discrimination in hiring, remuneration, or promotion based on age, gender, marital status, pregnancy, ethnicity, or region of origin. (8) Prohibit discrimination in hiring, remuneration, or promotion based on labor, political, or religious activity, on involvement in demonstrations, past records of arrests or internal exile for peaceful protest, or on membership in organizations committed to nonviolent social or political change. (9) Use environmentally responsible methods of production that have minimal adverse impact on land, air, and water quality. (10) Prohibit child labor, including at a minimum, complying with guidelines on minimum age for employment under the national labor laws of the People's Republic of China. (c) Promotion of Principles by Other Nations.--The Secretary of State shall forward a copy of the principles set forth in subsection (b) to each member nation of the Organization for Economic Cooperation and Development and encourage such nation to promote principles similar to such principles. SEC. 3. REGISTRATION REQUIREMENT. (a) Requirement.-- (1) In general.--Each United States company conducting business in the People's Republic of China or Tibet shall register with the Secretary of State and indicate whether such company agrees to implement the principles set forth in section 2(b). (2) Prohibition on fee.--No fee shall be required for purposes of registration under paragraph (1). (b) Effective Date.--Subsection (a) shall take effect 180 days after the date of the enactment of this Act. SEC. 4. REPORTING REQUIREMENTS. (a) Reports by United States Companies.-- (1) In general.--Each United States company conducting business in the People's Republic of China or Tibet shall submit to the Secretary of State a report describing such company's adherence to the principles set forth in section 2(b) during the one-year period ending on the date of such report. (2) Form.--The report shall be submitted on a form furnished by the Secretary. (3) Submittal dates.--A United States company shall submit the report required by paragraph (1) not later than one year after the date on which the company registers under section 3 and annually thereafter. (b) Review of Reports.-- (1) In general.--The Secretary shall review each report submitted under subsection (a) to determine whether the United States company submitting such report is adhering to the principles set forth in section 2(b). (2) Additional information.--The Secretary may request additional information from a United States company for purposes of the review of its report under this subsection, and may use other sources of information to verify the information contained in such report. (c) Annual Report.--Not later than two years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress and to the Secretariat of the Organization for Economic Cooperation and Development a report assessing the adherence of United States companies subject to the reporting requirement in subsection (a) to the principles set forth in section 2(b). Each report shall cover the one-year period ending on the date of such report. SEC. 5. EXPORT MARKETING SUPPORT. (a) Support.--A department or agency of the United States Government may intercede with a foreign government or foreign national regarding export marketing activity in the People's Republic of China or Tibet on behalf of a United States company subject to the reporting requirement in section 4(a) only if the United States company adheres to the principles set forth in section 2(b). (b) Effective Date.--Subsection (a) shall take effect two years after the date of the enactment of this Act. SEC. 6. ANNUAL PUBLIC HEARING ON ADHERENCE OF UNITED STATES COMPANIES TO PRINCIPLES. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall conduct a public hearing on the adherence of United States companies doing business in the People's Republic of China or Tibet to the principles set forth in section 2(b). (b) Hearing Requirements.--The Secretary shall conduct each hearing under subsection (a) in an appropriate forum and in a manner intended to facilitate widespread public participation in the hearing. SEC. 7. DEFINITIONS. In this Act: (1) Adhere.--The terms ``adhere to'', ``adhering to'', and ``adherence to'', in the case of the principles set forth in section 2(b), mean-- (A) agreeing to implement the principles; (B) implementing the principles by taking good faith measures with respect to each principle; and (C) reporting accurately to the Secretary of State on the measures taken to implement the principles. (2) Intercede with a foreign government or foreign national.-- (A) In general.--The term ``intercede with a foreign government or foreign national'' includes any contact by an officer or employee of the United States with officials of any foreign government or foreign national involving or contemplating any effort to assist in selling a good, service, or technology in the People's Republic of China or Tibet. (B) Exclusion.--The term does not include multilateral or bilateral government-to-government trade negotiations intended to resolve trade issues which may affect United States parent companies which do not adhere to the principles set forth in section 2(b). (3) Organized under the laws of the united states.--The term ``organized under the laws of the United States'' means organized under the laws of the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States. (4) United states company.--The term ``United States company'' means a corporation, partnership, or other business association organized under the laws of the United States.", "summary": "Sets forth certain registration and reporting requirements with respect to U.S. companies doing business in China or Tibet."}
{"article": "<greek-th> x <greek-th> x SECTION 1. SHORT TITLE.<greek-th> x This Act may be cited as the ``Combat Meth Act of 2005''.<greek-th> x <greek-th> x TITLE I--ENFORCEMENT<greek-th> x SEC. 101. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.<greek-th> x (a) In General.--In addition to any other funds authorized to be appropriated for fiscal year 2006 for grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), commonly known as the COPS program, there are authorized to be appropriated $15,000,000 for such purpose to provide training to State and local prosecutors and law enforcement agents for the investigation and prosecution of methamphetamine offenses.<greek-th> x (b) Rural Set-Aside.--Of amounts made available under subsection (a), $3,000,000 shall be available only for prosecutors and law enforcement agents for rural communities.<greek-th> x SEC. 102. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND CLEANUP.<greek-th> x Section 1701(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended--<greek-th> x (1) in paragraph (11) by striking ``and'' at the end;<greek-th> x (2) in paragraph (12) by striking the period at the end and inserting ``; and''; and<greek-th> x (3) by adding at the end the following:<greek-th> x <greek-th> x <greek-th> x ``(13) hire personnel and purchase equipment to assist in the enforcement and prosecution of methamphetamine offenses and the cleanup of methamphetamine-affected areas.''.<greek-th> x <greek-th> x <greek-th> x SEC. 103. SPECIAL UNITED STATES ATTORNEYS' PROGRAM.<greek-th> x <greek-th> x <greek-th> x (a) In General.--The Attorney General shall allocate any amounts appropriated pursuant to the authorization under subsection (c) for the hiring and training of special assistant United States attorneys.<greek-th> x <greek-th> x <greek-th> x (b) Use of Funds.--The funds allocated under subsection (a) shall be used to--<greek-th> x <greek-th> x <greek-th> x (1) train local prosecutors in techniques used to prosecute methamphetamine cases, including the presentation of evidence related to the manufacture of methamphetamine;<greek-th> x <greek-th> x <greek-th> x (2) train local prosecutors in Federal and State laws involving methamphetamine manufacture or distribution;<greek-th> x <greek-th> x <greek-th> x (3) cross-designate local prosecutors as special assistant United States attorneys; and<greek-th> x <greek-th> x <greek-th> x (4) hire additional local prosecutors who-- <greek-th> x <greek-th> x <greek-th> x (A) with the approval of the United States attorney, shall be cross-designated to prosecute both Federal and State methamphetamine cases;<greek-th> x <greek-th> x <greek-th> x (B) shall be assigned a caseload, whether in State court or Federal court, that gives the highest priority to cases in which-- <greek-th> x <greek-th> x <greek-th> x (i) charges related to methamphetamine manufacture or distribution are submitted by law enforcement for consideration; and<greek-th> x <greek-th> x <greek-th> x (ii) the defendant has been previously convicted of a crime related to methamphetamine manufacture or distribution.<greek-th> x <greek-th> x <greek-th> x (c) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 for each of the fiscal years 2006 and 2007 to carry out the provisions of this section.<greek-th> x <greek-th> x <greek-th> x SEC. 104. PSEUDOEPHEDRINE AMENDMENTS TO CONTROLLED SUBSTANCES ACT.<greek-th> x <greek-th> x <greek-th> x (a) Addition of Pseudoephedrine to Schedule V.--Section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended by adding at the end the following:<greek-th> x <greek-th> x <greek-th> x ``(6) Any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers.''.<greek-th> x <greek-th> x <greek-th> x (b) Prescriptions.--Section 309(c) of the Controlled Substances Act (21 U.S.C. 829(c)) is amended--<greek-th> x <greek-th> x <greek-th> x (1) by inserting ``(1)'' before ``No controlled substance''; and<greek-th> x <greek-th> x <greek-th> x (2) by adding at the end the following:<greek-th> x <greek-th> x <greek-th> x ``(2) If the substance described in paragraph (6) of Schedule V of section 202 is dispensed, sold, or distributed in a pharmacy-- <greek-th> x <greek-th> x <greek-th> x ``(A) the substance shall be dispensed, sold, or distributed only by a licensed pharmacist or a licensed pharmacy technician; and<greek-th> x <greek-th> x <greek-th> x ``(B) any person purchasing, receiving, or otherwise acquiring any such substance shall-- <greek-th> x <greek-th> x <greek-th> x ``(i) produce a photo identification showing the date of birth of such person; and<greek-th> x <greek-th> x <greek-th> x ``(ii) sign a written log or receipt showing-- <greek-th> x <greek-th> x <greek-th> x ``(I) the date of the transaction;<greek-th> x <greek-th> x <greek-th> x ``(II) the name of the person; and<greek-th> x <greek-th> x <greek-th> x ``(III) the name and the amount of the substance purchased, received, or otherwise acquired.<greek-th> x <greek-th> x <greek-th> x ``(3)(A) No person shall purchase, receive, or otherwise acquire more than 9 grams of the substance described in paragraph (6) of Schedule V of section 202 within any 30-day period.<greek-th> x <greek-th> x <greek-th> x ``(B) The limit described in subparagraph (A) shall not apply to any quantity of such substance dispensed under a valid prescription.<greek-th> x <greek-th> x <greek-th> x ``(4)(A) The Director of the Federal Drug Administration, by rule, may exempt a product from Schedule V of section 202 if the Director determines that the produce is not used in the illegal manufacture of methamphetamine or other controlled dangerous substance.<greek-th> x <greek-th> x <greek-th> x ``(B) The Director of the Federal Drug Administration, upon the application of a manufacturer of a drug product, may exempt the product from Schedule V of section 202 if the Director determines that the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.<greek-th> x <greek-th> x <greek-th> x ``(C) The Director of the Federal Drug Administration, by rule, may authorize the sale of the substance described in paragraph (6) of Schedule V of section 202 by persons other than licensed pharmacists or licensed pharmacy technicians if-- <greek-th> x <greek-th> x <greek-th> x ``(i) the Director finds evidence that the absence of a pharmacy creates a hardship for a community; and<greek-th> x <greek-th> x <greek-th> x <greek-th> x ``(ii) the authorized personnel follow the procedure set forth in this Act''.<greek-th> x <greek-th> x TITLE II--EDUCATION, PREVENTION, AND TREATMENT<greek-th> x SEC. 201. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS.<greek-th> x Section 519 of the Public Health Service Act (42 U.S.C. 290bb0925) is amended--<greek-th> x (1) in subsection (b), by inserting after paragraph (8) the following:<greek-th> x ``(9) Development of drug endangered children rapid response teams that will intervene on behalf of children exposed to methamphetamine as a result of residing or being present in a home-based clandestine drug laboratory.''; and<greek-th> x (2) in subsection (o)--<greek-th> x (A) by striking ``For the purpose'' and inserting the following:<greek-th> x ``(1) In general.--For the purpose''; and<greek-th> x (B) by adding at the end the following:<greek-th> x ``(2) Drug endangered children rapid response teams.--There are authorized to be appropriated $2,500,000 for each of the fiscal years 2006 and 2007 to carry out the provisions of subsection (b)(9).''.<greek-th> x SEC. 202. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND RELATED CONDITIONS.<greek-th> x Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended--<greek-th> x (1) by redesignating the section 514 that relates to methamphetamine and appears after section 514A as section 514B;<greek-th> x (2) in section 514B, as redesignated--<greek-th> x (A) by amending subsection (a)(1) to read as follows:<greek-th> x ``(1) Grants authorized.--The Secretary may award grants to States, political subdivisions of States, American Indian Tribes, and private, nonprofit entities to provide treatment for methamphetamine abuse.'';<greek-th> x (B) by amending subsection (b) to read as follows:<greek-th> x ``(b) Priority for Rural Areas.--In awarding grants under subsection (a), the Secretary shall give priority to entities that will serve rural areas experiencing an increase in methamphetamine abuse.''; and<greek-th> x (C) in subsection (d)(1), by striking ``2000'' and all that follows and inserting ``2005 and such sums as may be necessary for each of fiscal years 2006 through 2009''; and<greek-th> x (3) by inserting after section 514B, as redesignated, the following:<greek-th> x ``SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE CENTER.<greek-th> x ``(a) Program Authorized.--The Secretary, acting through the Administrator, and in consultation with the Director of the National Institutes of Health, shall award grants to, or enter into contracts with, public or private, nonprofit entities to establish a research, training, and technical assistance center to carry out the activities described in subsection (d).<greek-th> x ``(b) Application.--A public or private, nonprofit entity seeking a grant or contract under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.<greek-th> x ``(c) Condition.--In awarding grants or entering into contracts under subsection (a), the Secretary shall ensure that not less than 1 of the centers will focus on methamphetamine abuse in rural areas.<greek-th> x ``(d) Authorized Activities.--Each center established under this section shall--<greek-th> x ``(1) engage in research and evaluation of the effectiveness of treatment modalities for the treatment of methamphetamine abuse;<greek-th> x ``(2) disseminate information to public and private entities on effective treatments for methamphetamine abuse;<greek-th> x ``(3) provide direct technical assistance to States, political subdivisions of States, and private entities on how to improve the treatment of methamphetamine abuse; and<greek-th> x ``(4) provide training on the effects of methamphetamine use and on effective ways of treating methamphetamine abuse to substance abuse treatment professionals and community leaders.<greek-th> x ``(e) Reports.--Each grantee or contractor under this section shall annually submit a report to the Administrator that contains-- <greek-th> x ``(1) a description of the previous year's activities of the center established under this section;<greek-th> x ``(2) effective treatment modalities undertaken by the center; and<greek-th> x ``(3) evidence to demonstrate that such treatment modalities were successful.<greek-th> x ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for fiscal year 2006 and such sums as may be necessary for each of fiscal years 2007 and 2008.''.<greek-th> x SEC. 203. METHAMPHETAMINE PRECURSOR MONITORING GRANTS.<greek-th> x (a) Grants Authorized.--The Attorney General, acting through the Bureau of Justice Assistance, may award grants to States to establish methamphetamine precursor monitoring programs.<greek-th> x (b) Purpose.--The purpose of the grant program established under this section is to--<greek-th> x (1) prevent the sale of methamphetamine precursors, such as pseudoephedrine, to individuals in quantities so large that the only reasonable purpose of the purchase would be to manufacture methamphetamine;<greek-th> x (2) educate businesses that legally sell methamphetamine precursors of the need to balance the legitimate need for lawful access to medication with the risk that those substances may be used to manufacture methamphetamine; and<greek-th> x (3) recalibrate existing prescription drug monitoring programs designed to track the sale of controlled substances to also track the sale of pseudoephedrine in any amount greater than 6 grams.<greek-th> x (c) Use of Grant Funds.--Grant funds awarded to States under this section may be used to--<greek-th> x (1) implement a methamphetamine precursor monitoring program, including hiring personnel and purchasing computer hardware and software designed to monitor methamphetamine precursor purchases;<greek-th> x (2) expand existing methamphetamine precursor or prescription drug monitoring programs to accomplish the purposes described in subsection (b);<greek-th> x (3) pay for training and technical assistance for law enforcement personnel and employees of businesses that lawfully sell substances, which may be used as methamphetamine precursors;<greek-th> x (4) improve information sharing between adjacent States through enhanced connectivity; or<greek-th> x (5) make grants to subdivisions of the State to implement methamphetamine precursor monitoring programs.<greek-th> x (d) Application.--Any State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require.<greek-th> x <greek-th> x (e) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 for each of the fiscal years 2006 and 2007 to carry out the provisions of this section.<greek-th> x <greek-th> x 08 x", "summary": "Combat Meth Act of 2005 - Authorizes funds to provide training to State and local prosecutors and law enforcement agents for investigation and prosecution of methamphetamine offenses, including a set-aside for prosecutors and law enforcement agents for rural communities. Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to expand the public safety and community policing grant program to authorize the use of grant funds to hire personnel and purchase equipment to assist in enforcing and prosecuting methamphetamine offenses and in cleaning up methamphetamine-affected areas; (2) the Controlled Substances Act to add pseudoephedrine to schedule V; and (3) the Public Health Service Act to authorize grants for the development of drug endangered children rapid response teams and grants to local governments, Indian tribes, and nonprofit private entities to provide treatment for methamphetamine abuse. Directs the Attorney General to allocate funds for the hiring and training of special assistant U.S. attorneys. Authorizes the Attorney General, acting through the Bureau of Justice Assistance, to award grants to States to establish methamphetamine precursor monitoring programs."}
{"article": "SECTION 1. TEACHER RECRUITMENT. (a) Future Math and Science Teacher Recruitment.--Title V of the Higher Education Act of 1965 (20 U.S.C. 1102 et seq.) is amended by adding at the end the following new part: ``PART G--FUTURE MATH AND SCIENCE TEACHER RECRUITMENT ``SEC. 599A. SHORT TITLE; FINDINGS. ``(a) Short Title.--This part may be cited as the `Recruit and Reward Future Math and Science Teachers of America Act of 1998'. ``(b) Findings.--Congress finds the following: ``(1) United States high school students rank 12th and 19th, respectively, in science and math out of 25 countries. ``(2) Of United States high school students who take physical science and math courses, 48 percent and 49 percent, respectively, are taught by teachers who did not prepare in that field. ``(3) Teachers' knowledge and skills powerfully influence student learning. ``(4) More than 2,000,000 teachers will need to be hired over the next decade. ``(5) The ability of the United States to place highly qualified math and science teachers specializing in their field of instruction will depend on proactive policies that increase funding for teacher training, recruitment, and induction. ``SEC. 599B. PURPOSE; APPROPRIATIONS AUTHORIZED. ``(a) Purpose.--It is the purpose of this part to make available, through a pilot program, 500 scholarship grants and stipends to outstanding students enrolled in a nationally accredited teacher training graduate program who are committed to pursuing careers teaching math and science at an urban or rural secondary level classroom. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $5,000,000 in each of the fiscal years 1999, 2000, and 2001. ``SEC. 599C. SCHOLARSHIP DESIGNATION AND SELECTION CRITERIA. ``(a) Scholarship Designation.--Funds made available under this part shall be designated as the `National Math and Science Teacher Scholarships'. ``(b) Selection Criteria.--The Secretary of Education may award funds for National Math and Science Teacher Scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. The Secretary may not provide any individual higher education institution more than $100,000 per academic year for the purpose of the National Math and Science Teacher Scholarships. An institution applying for such Scholarships may only be eligible to receive funds if such institution-- ``(1) meets nationally accredited teacher training graduate program standards; or ``(2) demonstrates to the Secretary that at least 90 percent of the graduates of such a graduate teacher training program take, and on their first attempt pass, the State teacher qualification assessments for new teachers. ``SEC. 599D. INDIVIDUAL SCHOLARSHIP ELIGIBILITY. ``An individual may be eligible for a National Math and Science Teacher Scholarship only if such individual-- ``(1) is a citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence; ``(2) is majoring in a physical or life science or mathematics graduate teacher training program; ``(3) is enrolled in a higher education institution that-- ``(A) meets nationally accredited teacher training graduate program standards; or ``(B) demonstrates to the Secretary that at least 90 percent of the graduates of such a graduate teacher training program who enter the field of teaching take, and on their first attempt pass, the State teacher qualification assessments for new teachers; and ``(4) is willing to be teacher certified or licensed and commit themselves to teaching math or science in a rural or urban public secondary school for no less than 3 full academic years. ``SEC. 599E. SCHOLARSHIP AMOUNT. ``(a) Amount of Award.--The amount of scholarship awarded by participating teacher training graduate programs under this part for any academic year shall be $10,000 per student. ``(b) Assistance Not To Exceed Cost of Attendance.--No individual shall receive an award under this part in any academic year which exceeds the cost of attendance. A scholarship awarded under this part shall not be reduced on the basis of the student's receipt of other forms of Federal student financial assistance, but shall be taken into account in determining the eligibility of the student for those forms of Federal student financial assistance. ``SEC. 599F. AGREEMENT; GRANT AND STIPEND REPAYMENT PROVISIONS. ``(a) Agreement.--Recipients of the National Math and Science Teachers Scholarships shall agree to teach in an urban or rural public secondary school for no less than 3 full academic years. ``(b) Repayment for Failure To Fulfill Agreement.--Any recipients of a Scholarship found by the Secretary to be in noncompliance with the agreement entered into under subsection (a) of this section shall be required to repay a pro rata amount of the scholarship awards received, plus interest and, where applicable, reasonable collection fees, on a schedule and at a rate of interest prescribed by the Secretary by regulations. ``SEC. 599G. EXCEPTIONS TO REPAYMENT PROVISIONS. ``An individual recipient of a Scholarship under this part shall not be considered in violation of the agreement entered into pursuant to section 599F during any period in which the recipient-- ``(1) is pursuing a full-time course of study in math and science at an accredited institution; ``(2) is serving, not in excess of 3 years, as a member of the armed services of the United States; ``(3) is totally disabled for a period of time not to exceed 3 years as established by sworn affidavit of a qualified physician; ``(4) is seeking and unable to find full-time employment for a single period not to exceed 12 months; ``(5) is seeking and unable to find full-time employment as a math and science teacher in a public or private nonprofit elementary or secondary school or education program for a single period not to exceed 27 months; or ``(6) satisfies the provision of additional repayment exceptions that may be prescribed by the Secretary in regulations issued pursuant to this section. ``SEC. 599H. REPORT TO CONGRESS. ``On or before January 29, 2002, the Secretary of Education shall submit a report to Congress evaluating the success of the National Math and Science Teacher Scholarships pilot program in recruiting math and science teachers to teach in America's public secondary schools.''.", "summary": "Recruit and Reward Future Math and Science Teachers of America Act of 1998 - Amends the Higher Education Act of 1965 to establish a pilot program for recruitment and training of future secondary school mathematics and science teachers. Makes available 500 scholarship grants and stipends to outstanding students enrolled in nationally accredited teacher training graduate programs who are committed to pursuing such careers in secondary school mathematics and science teaching. Authorized appropriations. Designates funds under this Act as National Math and Science Teacher Scholarships. Authorizes the Secretary of Education to award funds for such scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. Limits the amount of such funds in any academic year which may be awarded to any individual higher education institution. Requires such institutions to: (1) meet nationally accredited teacher training graduate program standards; or (2) demonstrate to the Secretary that at least 90 percent of the graduates of the graduate teacher training program take, and on their first attempt pass, the State teacher qualification assessments for new teachers. Sets forth eligibility requirements for individual scholarships. Limits the scholarship amount per student to $10,000 per academic year. Requires scholarship recipients to agree to teach in an urban or rural public secondary school for at least three full academic years, or repay the pro rata amount of awards received, plus interest, for any failure to fulfill such obligation. Sets forth exceptions to such repayment requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary IRA Distribution Suspension Act of 2008''. SEC. 2. SUSPENSION OF REQUIRED BEGINNING DATE FOR DISTRIBUTIONS FROM DEFINED CONTRIBUTION PLANS. (a) In General.--In the case of a defined contribution plan-- (1) section 401(a)(9) of the Internal Revenue Code of 1986 shall not apply during the suspension period, (2) in lieu of the calendar year specified in subparagraph (C)(i) of section 401(a)(9) of such Code, the calendar year specified in such subparagraph shall be the later of-- (A) the calendar year described in such subparagraph (C)(i), or (B) calendar year 2010, and (3) the suspension period shall not be taken into account for purposes of applying any time limitation in such section 401(a)(9). (b) Suspension Period.--For purposes of this section, the term ``suspension period'' means the period beginning on January 1, 2008, and ending on December 31, 2009. (c) Application to Certain Other Plans.--The following sections shall be applied for the suspension period under rules similar to the rules of subsection (a) of this section-- (1) in the case of a defined contribution plan, subsections (a) and (b) of section 403, and sections 408 and 408A, of such Code, and (2) in the case of an eligible deferred compensation plan described in section 457(b) of such Code which is maintained by an eligible employer described in section 457(e)(1)(A)) of such Code, section 457 of such Code. (d) Application to Certain Periodic Payments.--For purposes of this section, in the case of a defined contribution plan, the failure to make a payment from a qualified retirement plan during the suspension period in an amount less than would be required under the applicable method shall not be treated as a modification for purposes of section 72(t)(2)(A)(iv) of such Code. (e) Provisions Relating to Plan Amendments.-- (1) In general.--If this section applies to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which section applies.-- (A) In general.--This section shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to this section or pursuant to any regulation issued by the Secretary of the Treasury to carry out this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2009. (B) Conditions.--This section shall not apply to any amendment unless-- (i) during the period-- (I) beginning on the first day of the suspension period, and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and (ii) such plan or contract amendment applies retroactively for such period. (f) Effective Date.-- (1) In general.--This section shall take effect on the date of the enactment of this Act. (2) Recontribution of distributions before date of enactment.-- (A) In general.--Any individual who receives a payment or distribution during the period beginning on January 1, 2008, and ending on the date of the enactment of this Act from a plan to which subsection (a) or (c) of this section applies may, before the end of the suspension period, make one or more contributions in an aggregate amount not to exceed the amount of such payments or distributions to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of such Code, as the case may be. (B) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) to an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such payments or distributions in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (C) Treatment of repayments for distributions from iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) to an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, such payments or distributions shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the individual retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.", "summary": "Temporary IRA Distribution Suspension Act of 2008 - Suspends for calendar 2008 and 2009 the beginning date for required distributions from certain individual retirement (IRA) plans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Pump Access Act of 2016''. SEC. 2. FINDINGS. The Congress finds the following: (1) The technical assistance materials for the Americans with Disabilities Act of 1990 of the Department of Justice requires gas stations, including those offering self-service, to provide equal access for their customers with disabilities. (2) Customers with disabilities are advised that they can obtain refueling assistance by either honking or otherwise signaling an employee. (3) The Americans with Disabilities Act of 1990 requires self-service gas stations to provide refueling assistance upon the request of a qualified person with a disability if there is more than one attendant on duty at the station. Such service is provided without any charge beyond the self-service price. (4) A qualified person with a disability is described as a person to whom an accessible or disabled parking permit has been issued or a person who is in legal possession of a specialized motor vehicle license plate indicating that the owner is a person with a disability. (5) History has shown that these methods to attract refueling assistance are not effective. Throughout the United States, individuals with disabilities who need gas pumping assistance at gas stations or convenience stores do not generally receive such assistance when they honk their horns, flash their headlights, or otherwise signal to attract the attention of an attendant inside the facility. This is not considered equal access under the Americans with Disabilities Act of 1990. (6) In 2014, the State of Florida enacted House Bill 7005, which requires phone numbers to be placed on all gas pumps not later than two years after July 1, 2014. This requirement allows qualified individuals with disabilities to call on their cell phones for free gas pumping assistance. However, should such refueling assistance be requested during times when a second attendant is not present at a self-service gasoline station, the Florida gas station retailer is not required to provide the requested assistance and will inform the caller. History has proven this to be a simple, inexpensive, common sense, effective solution that is favored by both customers with disabilities and the petroleum and convenience store industries. (7) Today, unlike in 1990, almost everyone owns a cell phone. Owning a cell phone is a safety measure for drivers with disabilities in case their vehicle breaks down on the road. SEC. 3. PURPOSE. The purpose of this Act is to provide accessibility to gas stations by ensuring that it will be considered discrimination under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) for a gas station to fail to display a phone number to call for assistance on each self-service gas pump of the gas station. SEC. 4. ACCESSIBILITY. (a) Notification Requirement.-- (1) In general.--It shall be considered discrimination for purposes of section 302 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas station or convenience store to fail to clearly display at each self-service gas pump a decal that-- (A) is at least 15 square inches in size; (B) has a blue background; (C) includes the telephone number of the gas station or convenience store at which such pump is located and the words ``Call for Assistance'' in printed white text; and (D) includes the International Symbol of Accessibility. (2) Operational telephone.--With respect to the telephone number indicated on the decal, it shall be considered discrimination for purposes of section 302 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12182) if the phone connected to such number is not operational and answered directly by an employee of the gas station retailer during the hours the gas station retailer is open for business to the public. (b) Assistance.-- (1) Two or more attendants.--It shall be considered discrimination for purposes of section 302 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas station or convenience store that is open for business to the public with two or more attendants on duty to fail to provide gas pumping assistance to a qualified individual with a disability who makes a request for such assistance. (2) One attendant.--It shall not be considered discrimination for purposes of section 302 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas station or convenience store that is open for business to the public with one attendant on duty to fail to provide gas pumping assistance to a qualified individual with a disability who makes a request for such assistance, if such attendant notifies the individual that assistance cannot be provided because there is only one attendant on duty. (c) Further Accessibility Standards.--Nothing in this section shall prohibit a unit of local government from adopting an ordinance, or enforcing an existing ordinance, that expands the accessibility, safety, or availability of fueling assistance to a motor vehicle operator with a qualified disability. (d) Regulations.--Not later than two years after the date of the enactment of this Act, the Secretary of Transportation and the Attorney General shall each promulgate such regulations as are necessary to ensure compliance with this section. (e) Example of Decal Made Publicly Available.--Not later than six months after the date of the enactment of this Act, the Secretary of Transportation and the Attorney General shall make a graphic example of a decal described in subsection (a) publicly available at no cost, in downloadable format, on the websites of the Department of Transportation and the Department of Justice, respectively. Such decal shall have a blank area in which a telephone number may be inserted.", "summary": "Gas Pump Access Act of 2016 This bill declares that it shall be a prohibited form of discrimination against individuals with disabilities in a place of public accommodation under the Americans with Disabilities Act of 1990 for a gas station or convenience store to fail to clearly display at each self-service gas pump a decal that includes its telephone number and the words "Call for Assistance." A gas station or convenience store that is open for business to the public with at least two attendants on duty must provide gas pumping assistance to a qualified individual with a disability who makes a request for such assistance. But it shall not be considered discrimination for a gas station or convenience store with one attendant on duty to fail to provide such requested gas pumping assistance if such attendant notifies the individual that assistance cannot be provided because there is only one attendant on duty. The Department of Transportation and the Department of Justice must promulgate regulations necessary to ensure compliance with this bill and make graphics for the decals publicly available on their websites."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Decennial Census Improvement Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the Constitution requires that the number of persons in the Nation be enumerated every 10 years in order to permit the apportionment of Representatives among the several States; (2) information collected through a decennial census is also used to determine-- (A) the boundaries of congressional districts within States; (B) the boundaries of the districts for the legislature of each State and the boundaries of other political subdivisions within the States; and (C) the allocation of billions of dollars of Federal and State funds; (3) the Constitution requires that those enumerations be made in such manner as the Congress ``shall by law direct''; (4) in the 1990 decennial census, the Bureau of the Census used a combination of mail questionnaires and personal interviews, involving more than 350,000 enumerators, to collect the census data; (5) in August 1992, the Bureau concluded that the 1990 decennial census had failed to count four million persons or 1.6 percent of the population; (6) the extent of the undercount varies by group and by the part of the country involved; for example, the undercount in the 1990 decennial census was-- (A) 4.4 percent for African Americans, 4.5 percent for American Indians, 2.3 percent for Asians or Pacific Islanders, and 5 percent for Hispanic Americans; and (B) 3.1 percent for New Mexico, 2.8 percent for Texas, 2.7 percent for California, and 2 percent for Florida; (7) in 1993, the Bureau concluded that legislation providing that pay for temporary census enumerators in the 2000 decennial census not be used to reduce benefits under Federal assistance programs would make it easier for the Bureau to hire neighborhood people as temporary census enumerators in low- income neighborhoods; (8) a number of lawsuits were filed challenging the accuracy of the 1990 decennial census, and in March 1996 the Supreme Court unanimously upheld the Secretary of Commerce's decision in July 1991 not to adjust the initial enumeration in the 1990 decennial census by using a postenumeration statistical survey; (9) on February 28, 1996, the Bureau announced that, for the 2000 decennial census, it plans to use a combination of mail questionnaires and personal interviews in each county until it has collected data from 90 percent of the households in the county, whereupon it would conduct interviews with respect to one-tenth of the remaining households in the county and use the information obtained from those interviews to make estimates with respect to the remaining nonresponding households; (10) certain witnesses testified, at a hearing held by the Committee on Government Reform and Oversight of the House of Representatives on February 29, 1996, that the Bureau's proposed sampling technique may increase the disparity in the undercount among either geographic areas (such as between rural and urban areas) or racial or ethnic groups (such as with respect to African Americans and Hispanic Americans, as compared to other groups); (11) the planning, conduct, and analysis of a decennial census often requires close to a period of 10 years; (12) the Bureau estimates that the proposed sampling technique will cost about $500 million less, over that period of time, than the $4.4 billion that it estimates would be spent over that same period if the method used in the 1990 decennial census were to be used (instead of such sampling technique) in the 2000 decennial census; and (13) the Chairman of the Panel on Census Requirements in the Year 2000 and Beyond of the National Academy of Sciences testified at the February 29th hearing that there is a trade- off between cost savings associated with using a sampling technique on the one hand, and adverse effects with respect to sampling variability, public perception, and political consequences, on the other. (b) Purposes.--It is the purpose of this Act to promote the accuracy of the 2000 decennial census, and public confidence with respect to the data obtained therefrom. SEC. 3. REQUIREMENTS. The 2000 decennial census shall be conducted in accordance with the following: (1) Direct contact must be attempted.--The Bureau shall attempt to contact every household directly (whether by mail or in person), and may use sampling as a substitute for direct contact in a particular census tract only after direct contact has been made with at least 90 percent of the households in such tract. (2) Greater use of non-federal resources.--The Bureau-- (A) shall seek to make more effective use of State and local government offices, as well as appropriate local groups, in order to reduce the undercount; and (B) shall include, as part of its report under section 141(f) of title 13, United States Code, next due after the date of the enactment of this Act, a description of the measures it intends to pursue to carry out subparagraph (A). SEC. 4. MEASURES TO FACILITATE THE RECRUITMENT OF TEMPORARY EMPLOYEES. (a) Purposes for Which Compensation Shall Not Be Taken Into Account.--Section 23 of title 13, United States Code, is amended by adding at the end the following: ``(d) Compensation for services performed by an individual appointed by the Secretary to a temporary position for purposes relating to the 2000 decennial census (if the position is so designated by the Secretary, in writing, at the time of such individual's appointment) shall not be taken into account for purposes of determining either the eligibility of any individual for or the amount of benefits payable to an individual under any Federal, State, or local program financed in whole or in part with Federal funds.''. (b) Exemption From Provisions Relating to Reemployed Annuitants and Former Members of the Uniformed Services.--Public Law 101-86 (13 U.S.C. 23 note) is amended-- (1) in section 1(b) and the long title by striking ``the 1990 decennial census'' and inserting ``the 2000 decennial census''; and (2) in section 4 by striking ``December 31, 1990.'' and inserting ``December 31, 2000.''. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``census'' means a census of population within the meaning of section 141(g) of title 13, United States Code; (2) the term ``Bureau'' means the Bureau of the Census; and (3) the term ``census tract'' means a statistical subdivision as defined by the Bureau for purposes of the 1990 decennial census.", "summary": "Decennial Census Improvement Act of 1997 - Requires the Bureau of the Census, in conducting the 2000 decennial census, to: (1) attempt to contact every household directly, whether by mail or in person (and allows the use of sampling as a substitute for direct contact in a particular census tract only after direct contact has been made with at least 90 percent of the households in such tract); and (2) seek to make more effective use of State and local government offices and appropriate local groups to reduce the undercount and include in a specified report a description of the measures it intends to pursue to carry out such requirement. Prohibits taking into account compensation for services performed by an individual appointed by the Secretary of Commerce to a temporary position for purposes relating to the 2000 decennial census (if the position is so designated by the Secretary at the time of such individual's appointment) for purposes of determining either the individual's eligibility for benefits, or the amount of benefits payable to an individual, under any Federal, State, or local program financed with Federal funds. Modifies Federal law regarding exemptions for reemployed annuitants and former uniformed service members to make such law: (1) applicable to service in any temporary position within the Bureau established for purposes relating to the 2000 decennial census; and (2) inapplicable to any service performed after December 31, 2000."}
{"article": "SECTION 1. INTELLECTUAL PROPERTY ASSEMBLY OF THE AMERICAS. (a) Establishment and Meetings.--Not to exceed 13 Members of Congress shall be appointed to meet jointly and at least annually and when Congress is not in session (except that this restriction shall not apply to meetings held in the United States) with representative parliamentary groups from other countries in the Americas for the purposes of-- (1) discussing common problems and interests in intellectual and industrial property; and (2) initiating and promoting such national and multilateral measures as may further common interests in intellectual and industrial property. (b) Appointment of United States Delegation.--For each meeting of the Intellectual Property Assembly of the Americas, there shall be appointed a United States Delegation, as follows: (1) In 1998 and every even-numbered year thereafter-- (A) 7 members shall be appointed by the Speaker of the House of Representatives from Members of the House of Representatives (3 of whom, including the Chairperson of the United States Delegation, shall be from the Committee on International Relations and 4 of whom shall be from the Committee on the Judiciary); and (B) 6 members shall, upon recommendations of the majority and minority leaders of the Senate, be appointed by the President pro tempore of the Senate from Members of the Senate (2 of whom, including the Vice Chairperson of the United States Delegation, shall be from the Committee on Foreign Relations and 4 of whom shall be from the Committee on the Judiciary, unless the President pro tempore of the Senate, upon recommendations of the majority and minority leaders of the Senate, determines otherwise). Such appointments shall be for the period of each meeting of the Intellectual Property Assembly of the Americas. (2) In every odd-numbered year beginning in 1999-- (A) 7 members shall, upon recommendations of the majority and minority leaders of the Senate, be appointed by the President pro tempore of the Senate from Members of the Senate (3 of whom, including the Chairperson of the United States Delegation, shall be from the Committee on Foreign Relations and 4 of whom shall be from the Committee on the Judiciary, unless the President pro tempore of the Senate, upon recommendations of the majority and minority leaders of the Senate, determines otherwise); and (B) 6 members shall be appointed by the Speaker of the House of Representatives from Members of the House of Representatives (2 of whom, including the Vice Chairperson of the United States Delegation, shall be from the Committee on the Judiciary). Such appointments shall be for the period of each meeting of the Intellectual Property Assembly of the Americas. (c) Administrative Support.--For the purpose of providing general staff support, each United States Delegation shall have 2 secretaries (1 of whom shall be appointed by the Chairperson of the Delegation and 1 of whom shall be appointed by the Vice Chairperson of the Delegation). (d) Funding.-- (1) United states participation.--There is authorized to be appropriated for each fiscal year the sum of $60,000 to assist in meeting the expenses of the United States Delegation. For each fiscal year for which an appropriation is made under this subsection, half of such appropriation may be disbursed on vouchers to be approved by the Chairperson and half of such appropriation may be disbursed on vouchers to be approved by the Vice Chairperson. (2) Availability of appropriations.--Amounts appropriated pursuant to this subsection are authorized to remain available until expended. (e) Annual Report.--The United States Delegation shall, for each fiscal year for which an appropriation is made pursuant to this section, submit to the Congress a report that includes its expenditures under such appropriation. The certificate of the Chairperson and Vice Chairperson of the United States Delegation shall be final and conclusive upon the accounting officers in the auditing of the accounts of the United States Delegation. (f) Funding for Expenses of Annual Meetings.--In addition to the amounts authorized by subsection (d), there is authorized to be appropriated the sum of $100,000 for fiscal year 1998 to meet the expenses incurred by the United States Delegation in hosting the first annual meeting of the Intellectual Property Assembly of the Americas. Amounts appropriated under this subsection are authorized to remain available until expended. SEC. 2. REPORTS OF EXPENDITURES; CONFORMING AMENDMENT. Section 105(b) of the Legislative Branch Appropriations Act, 1961 (22 U.S.C. 276c-1), is amended by inserting ``the Intellectual Property Assembly of the Americas,'' after ``the Mexico-United States Interparliamentary Group,''.", "summary": "Provides for appointment of a U.S. Delegation (consisting of 13 Members of Congress) to the Intellectual Property Assembly of the Americas, which shall meet annually with representative parliamentary groups from other countries in the Americas to: (1) discuss common problems and interests in intellectual and industrial property; and (2) promote national and multilateral measures that may further common interests in such property. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Chronic Care Practice Research Network Act of 2007''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Two-thirds of all Medicare spending involves beneficiaries living with 5 or more chronic conditions. (2) Eighty-four percent of people ages 65 to 70 live with at least one of the following chronic conditions: hypertension, heart disease or heart attack, cancer, diabetes, arthritis, or high cholesterol. (3) Medicare beneficiaries with chronic conditions are more likely to undergo duplicative tests, receive contradictory information from their healthcare providers, experience adverse responses to medications, and undergo hospital visits that could have been prevented. (4) Both traditional fee-for-service Medicare and Medicare Advantage are not currently configured to meet the unique needs of beneficiaries living with multiple chronic conditions. (5) Care for these patients is typically fragmented and delivered by multiple providers working at multiple sites. (6) Medicare has implemented a number of demonstration projects focused on ways to improve care for beneficiaries with multiple chronic conditions, yet there has been limited translation of evidence-based results to the wider chronic care community in a timely manner. (7) As the population of Medicare beneficiaries living with multiple chronic conditions continues to increase, the Centers for Medicare & Medicaid Services should seek more effective actions to test various care models, analyze the outcomes, and implement evidence-based best practices as soon as possible. (8) The United States Government should partner with qualified and experienced health care institutions already serving these beneficiaries to effectively and efficiently develop, evaluate, and translate improvements in coordinated care for them. Generating this information and supporting its translation into clinical practice will serve beneficiaries far more effectively. SEC. 3. MEDICARE CHRONIC CARE PRACTICE RESEARCH NETWORK TO DEVELOP AND APPLY IMPROVED PRACTICES IN COORDINATED CARE FOR MEDICARE BENEFICIARIES WITH MULTIPLE, CHRONIC CONDITIONS. (a) Establishment.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish in accordance with this section a Medicare Chronic Care Practice Research Network (in this section referred to as the ``Network''). (2) Duration.--The initial period of the Network shall be not less than five years. The Secretary may extend or make permanent the Network if the Network's performance demonstrates benefit to the Medicare program. (b) Purpose and Duties of Network.-- (1) Purpose.--The purpose of the Network is to enable highly qualified providers, including providers participating in the Medicare Coordinated Care Demonstration under section 1807 of the Social Security Act (in this section referred to as the ``MCCD''), to form a stable and flexible research infrastructure that accelerates the development and deployment of evidence-based chronic care management practices for Medicare beneficiaries with multiple, chronic conditions. (2) Duties of the network.-- (A) In general.--The Network shall develop and evaluate evidence-based chronic care management practices for Medicare beneficiaries who have two or more chronic illnesses, with a focus on such beneficiaries who are provided benefits under the Medicare fee-for-service program and whose care is most costly. (B) Specific duties.--The Network shall-- (i) research, design, implement, test, and validate specific interventions designed to improve care management for Medicare beneficiaries with multiple chronic conditions; and (ii) provide a reproducible, reliable, and scalable framework to standardize and translate best practices for all Medicare beneficiaries. (3) Financial support.--The Network shall provide financial support in the following areas: (A) Collaboration.--Support of collaboration and networking, including conference calls, meetings, and other forms of communication between and among Network project sites, of publication of guidelines and findings, and of development and dissemination of information on proven, common care management practices. (B) Infrastructure.--Support of research and infrastructure for Network project sites, which may be based upon enrollment size and success of such sites in realizing targets and compliance with data submission requirements. (C) Patient recruitment and care management.-- Support of patient recruitment and care management at Network project sites for the delivery of specific services and ongoing testing of improvements to large patient panels. (D) Evaluation.--Support of internal and external evaluation activities, including evaluation activities conducted at individual Network project sites and the Network. (4) Establishment of target enrollment numbers.--The Secretary and the Network shall jointly develop, based on demographics and previous history, target enrollment numbers for each Network project site. (c) Board of Directors.-- (1) Membership.-- (A) In general.--The Network shall have a Board of Directors (in this section referred to as the ``Board'') composed of the following: (i) CMS administrator.--The Administrator of the Centers for Medicare & Medicaid Services, who shall serve as chairman of the Board and head of the Network. (ii) Ex officio members.-- (I) The Director of the Agency for Health Research and Quality. (II) The Director of the National Institute on Aging. (III) Representatives of other Federal health care and research agency officials, as selected by the Secretary. (iii) Appointed members.--Members appointed under subparagraph (B). (B) Appointed members.-- (i) Initial appointment.--The Secretary shall appoint at least 8 individuals to serve on the Board, including one individual representing each MCCD site. (ii) Additional members.--The Secretary may appoint additional members to the Board to the extent the Secretary determines, including individuals who represent Network project sites not otherwise represented under clause (i). (iii) Term.--The term of office of each member of the Board appointed under this subparagraph shall be five years. (C) Vacancy.--Any vacancy in the membership of the Board-- (i) shall not affect the power of the remaining members to execute the duties of the Board; and (ii) shall be filled by appointment by the Secretary. (2) Project evaluations.--The Board shall provide for both an internal and external evaluation of each Network project site. (3) Initial meeting.--Not later than 60 days after the date members are first appointed under paragraph (1)(B), the Secretary shall convene a meeting of the members of the Board to-- (A) initiate the Network; and (B) begin the planning phase of the Network. (d) Biennial Reports.-- (1) Congressional reports.--Beginning not later than 2 years after the date of the establishment of the Network, the Secretary shall submit to the appropriate committees of Congress biennial reports on the Network. Each report shall include at least the following: (A) A report on progress made toward developing an efficient and effective research infrastructure capable of robustly testing new interventions and models of care for chronically ill Medicare beneficiaries in a timely manner. (B) An evaluation of the overall quality, satisfaction, and cost effectiveness of interventions tested. (C) An evaluation of the capability of the Network to define and test specifications needed to deploy successful interventions on a large geographic or nationwide scale without loss of effectiveness. (D) A description of benefits to the Medicare program resulting from increased collaboration and partnership between Network sites. (E) Any other information regarding the Network that the Secretary determines to be appropriate. (2) Public reports on care models.--Every two years, the Network shall develop and the Secretary shall issue a public report of recommended practices and guidelines for chronic care that summarizes the care models the Network has found to be most effective in managing Medicare beneficiaries with multiple, chronic problems. (e) Waiver.--The Secretary shall waive such provisions of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) as may be necessary for the Network to conduct activities under this section. (f) Funding.--There are authorized to be appropriated from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in such proportions as the Secretary determines to be appropriate, $60,000,000. Such amount shall be available to carry out this section during a 5-fiscal-year period. (g) Definitions.--For purposes of this section: (1) Medicare program.--The term ``Medicare program'' means the programs under title XVIII of the Social Security Act. (2) Network project site.--The term ``Network project site'' means the site of a chronic care management program conducted under the authority of the Network.", "summary": "Medicare Chronic Care Practice Research Network Act of 2007 - Directs the Secretary of Health and Human Services to establish a Medicare Chronic Care Practice Research Network to develop and evaluate evidence-based chronic care management for Medicare beneficiaries with multiple, chronic conditions, with a focus on beneficiaries under the Medicare fee-for-service program whose care is most costly."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees' Compensation Reform Act of 2011''. SEC. 2. FEDERAL WORKERS COMPENSATION REFORMS FOR RETIREMENT ELIGIBLE EMPLOYEES. (a) Transition to Retirement.-- (1) In general.--Chapter 81 of title 5, United States Code, is amended by inserting after section 8106 the following: ``Sec. 8106a. Transition to retirement ``(a) Definitions.--In this section-- ``(1) the term `covered employee' means an employee who-- ``(A) is paid compensation under section 8105 or 8106; and ``(B) on or after attaining retirement age is eligible for an annuity under chapter 83 or 84 (other than a survivor annuity); and ``(2) the term `retirement age' has the meaning given under section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)). ``(b) Notwithstanding any other provision of this chapter, the payment of compensation under section 8105 or 8106 to a covered employee shall terminate on the date that the covered employee-- ``(1) attains retirement age and is eligible for an annuity under chapter 83 or 84 (other than a survivor annuity); or ``(2) after attaining retirement age becomes eligible for an annuity under chapter 83 or 84 (other than a survivor annuity). ``(c) Not later than 1 year before the date that a covered employee attains retirement age or subsequently becomes eligible for an annuity under chapter 83 or 84 (other than a survivor annuity), the Secretary of Labor shall provide notice of this section to-- ``(1) the covered employee; ``(2) the employing agency of that covered employee; and ``(3) the Office of Personnel Management. ``(d) The employing agency of a covered employee shall file an application for an annuity with the Office of Personnel Management in accordance with section 8352 or 8471.''. (2) Technical and conforming amendment.--The table of sections for chapter 81 of title 5, United States Code, is amended by inserting after the item relating to section 8106 the following: ``Sec. 8106a. Transition to retirement.''. (b) Filing of Applications.-- (1) Civil service retirement system.-- (A) In general.--Chapter 83 of title 5, United States Code, is amended by inserting after section 8351 the following: ``Sec. 8352. Employees transitioning from workers compensation ``(a) Definition.--In this section, the term `covered employee' means an employee who is a covered employee as defined under section 8106a(a)(1) and is eligible for an annuity under this chapter. ``(b) Applications.--Not later than 1 year before the date of the termination of payments of compensation under section 8106a(b) to a covered employee who is eligible for an annuity under this chapter, the employing agency of that covered employee shall file an application for an annuity for that covered employee under this chapter with the Office of Personnel Management. ``(c) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out this section.''. (B) Technical and conforming amendment.--The table of sections for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8351 the following: ``Sec. 8352. Employees transitioning from workers compensation.''. (2) Federal employees retirement system.-- (A) In general.--Chapter 84 of title 5, United States Code, is amended by inserting after section 8470 the following: ``Sec. 8471. Employees transitioning from workers compensation ``(a) Definition.--In this section, the term `covered employee' means an employee who is a covered employee as defined under section 8106a(a)(1) and is eligible for an annuity under this chapter. ``(b) Applications.--Not later than 1 year before the date of the termination of payments of compensation under section 8106a(b) to a covered employee who is eligible for an annuity under this chapter, the employing agency of that covered employee shall file an application for an annuity for that covered employee under this chapter with the Office of Personnel Management. ``(c) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out this section.''. (B) Technical and conforming amendment.--The table of sections for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8456 the following: ``Sec. 8471. Employees transitioning from workers compensation.''. SEC. 3. REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Secretary of Labor, after consultation with the Director of the Office of Personnel Management, shall prescribe regulations to carry out this Act. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided under subsection (b), this Act (including the amendments made by this Act) shall take effect on the date of enactment of this Act. (b) Termination of Compensation.--Section 8106a(b) of title 5, United States Code, (as added by section 2 of this Act) shall take effect 1 year after the date regulations are prescribed under section 3.", "summary": "Federal Employees' Compensation Reform Act of 2011 - Requires federal employees, including postal employees, who are receiving total or partial disability benefits under the Federal Employees Compensation Act (FECA) to convert to the federal retirement system when such employees reach retirement age as defined by the Social Security Act and are otherwise eligible for an annuity under the the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Caribbean National Forest Wild and Scenic Rivers Act of 2002''. SEC. 2. WILD AND SCENIC RIVER DESIGNATIONS, CARIBBEAN NATIONAL FOREST, PUERTO RICO. (a) Findings.--The Congress finds the following: (1) In the revised land and resource management plan for the Caribbean National Forest/Luquillo Experimental Forest, approved April 17, 1997, and the environmental impact statement prepared as part of the plan, the Secretary of Agriculture examined the suitability of rivers within the Caribbean National Forest/Luquillo Experimental Forest for inclusion in the National Wild and Scenic Rivers System. (2) Based on such examination, the Rio Icacos, Rio Mameyes, and Rio de La Mina were found to be free flowing waterways and to possess outstandingly remarkable scenic, recreational, geological, hydrological, biological, historical, and cultural values, and, therefore, to qualify for addition to the National Wild and Scenic Rivers System. (b) Designations.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``(____) Rivers of Caribbean National Forest, Puerto Rico.-- ``(A) Rio mameyes.--The segment of approximately 4.5 miles from its headwaters in the Bano de Oro Research Natural Area to the boundary of the Caribbean National Forest, to be administered by the Secretary of Agriculture as follows: ``(i) As a wild river from its headwaters in the Bano de Oro Research Natural Area to the crossing point of Trail No. 24/11 (approximately 500 feet upstream from the confluence with the Rio de La Mina), a total of approximately 2.1 miles. ``(ii) As a scenic river from the crossing point of Trail No. 24/11 to the access point of Trail No. 7, a total of approximately 1.4 miles. ``(iii) As a recreational river from the access point of Trail No. 7 to the national forest boundary, a total of approximately 1.0 miles. ``(B) Rio de la mina.--The segment of approximately 2.1 miles from its headwaters to its confluence with the Rio Mameyes, to be administered by the Secretary of Agriculture as follows: ``(i) As a recreational river from its headwaters in the El Yunque Recreation Area downstream to La Mina Falls, a total of approximately 0.9 miles. ``(ii) As a scenic river from La Mina falls downstream to its confluence with the Rio Mameyes, a total of approximately 1.2 miles. ``(C) Rio icacos.--The segment of approximately 2.3 miles from its headwaters to the boundary of the Caribbean National Forest, to be administered by the Secretary of Agriculture as a scenic river.''. (c) Special Management Considerations.-- (1) Certain permitted activities.--Subject to paragraph (2), the amendment made by the subsection (b) and the applicability of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to the river segments added to the National Wild and Scenic Rivers System by the amendment shall not be construed to prevent any of the following activities within the boundaries of the river segments: (A) Installation and maintenance of hydrologic, meteorological, climatological, or atmospheric data collection and transmission facilities, or any combination of such facilities, when the Secretary of Agriculture determines that such facilities are essential to the scientific research purposes of the Luquillo Experimental Forest. (B) Construction and maintenance of nesting structures, observation blinds, and population monitoring platforms for threatened and endangered species. (C) Construction and maintenance of trails to such facilities as necessary for research purposes and for the recovery of threatened and endangered species. (2) Conditions.--The activities authorized by paragraph (1) shall be subject to such conditions as the Secretary considers desirable. The Secretary shall ensure that the scale and scope of such activities within the boundaries of a river segment added to the National Wild and Scenic Rivers System by the amendment made by the subsection (b) are not detrimental to the characteristics of the river segment that merited its designation as a wild, scenic, or recreational river. (d) Preservation of Commonwealth Authority.--Nothing in this section or the amendment made by this section shall be construed to limit the authority of the Commonwealth of Puerto Rico over waters and natural channels of public domain pursuant to the laws of the Commonwealth of Puerto Rico. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Caribbean National Forest Wild and Scenic Rivers Act of 2002 - Amends the Wild and Scenic Rivers Act to designate Rio Mameyes, Rio de la Mina, and Rio Icacos of the Caribbean National Forest of the Commonwealth of Puerto Rico as components of the National Wild and Scenic Rivers System.Provides that such designation shall not be construed to limit the authority of Puerto Rico over waters and natural channels of its public domain or to prevent any of the following activities within such segments: (1) installation and maintenance of hydrologic, meteorological, climatological, or atmospheric data collection and transmission facilities when they are essential to the scientific research purposes of the Luquillo Experimental Forest; (2) construction and maintenance of nesting structures, observation blinds, and population monitoring platforms for threatened and endangered species; or (3) construction and maintenance of trails to such facilities as necessary for research purposes and the recovery of such species. Provides that all such activities shall be subject to such conditions as the Secretary of Agriculture considers desirable. Requires the Secretary to ensure that the scale and scope of such activities are not detrimental to a river segment's characteristics that merited its designation as a wild, scenic, or recreational river."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Import Control and Safe Handling of Spent Nuclear Fuel Act of 1995''. SEC. 2. PROHIBITION ON IMPORTS OF SPENT NUCLEAR FUEL. No spent nuclear fuel may be imported into the United States unless-- (1) the Congress by law has approved a repository or repositories with the capacity to store or dispose of all spent nuclear fuel generated by commercial nuclear reactors in the United States and from atomic energy defense activities; (2) the appropriate Federal agency or agencies have licensed such repository or repositories for the purpose described in paragraph (1); and (3) the repository or repositories are operating. SEC. 3. NATIONAL SECURITY EXCEPTIONS. (a) Proliferating Countries.--The prohibition contained in section 2 shall not apply to imports of spent nuclear fuel from a country if-- (1) the President determines that such country-- (A) is not a country authorized to possess nuclear weapons under the Treaty on the Non-Proliferation of Nuclear Weapons; and (B) is known or suspected to be producing or developing nuclear weapons; and (2) the President so notifies the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate at least 30 days in advance of the arrival of the imported fuel into the customs territory of the United States. (b) Samples.--The prohibition contained in section 2 shall not apply to samples of spent nuclear fuel imported for testing and evaluation for national security purposes. SEC. 4. GUIDELINES BY PORT AUTHORITIES TO ENSURE SAFE SHIPMENT OF CERTAIN MATERIAL. (a) In General.--Any port authority may-- (1) through a public comment process, establish reasonable guidelines to ensure that the unloading, transfer, and shipment of spent nuclear fuel at or through a port under its jurisdiction is conducted in a manner that protects the public health and safety and the environment at, and in the vicinity of, such marine port; and (2) require that any such unloading, transfer, or shipment be in compliance with such guidelines. (b) Descriptions of Guidelines.--Guidelines which a port authority may establish include, but are not limited to, the following: (1) Workers must be properly trained (to the satisfaction of any union representing such workers) in the handling of the spent nuclear fuel. (2) A comprehensive response plan covering spent nuclear fuel (including containment in case of fire, spill response, and other contingencies) must be in place before spent nuclear fuel can enter the port. (3) Local communities must be informed of the unloading, transfer, or shipment of the spent nuclear fuel, as well as possible consequences. The guidelines may include and, if requested by local communities in the immediate vicinity of the port over which the port authority has jurisdiction, or local communities through which spent nuclear fuel would pass when transported by rail or motor vehicle from the port, should include, reasonable standards for storage or parking of casks or transport vehicles carrying spent nuclear fuel and prohibitions against the movement of spent nuclear fuel from the port at certain times or under certain weather, traffic, or similar conditions that could increase the exposure of the public to radiation or increase the risk of an accident occurring during the movement of the spent nuclear fuel. (4) Radiation exposure levels for workers may not exceed standards for public exposure previously established by regulation. (c) Relation to Other Requirements.--(1) Subsection (a) shall apply only to guidelines that are more protective of the public health and safety and the environment than other applicable requirements established under Federal, State, or local law. (2) The existence or enforcement of any requirements under any Federal, State, or local law governing the unloading, transfer, or shipment of spent nuclear fuel shall not preclude or preempt the adoption or enforcement of guidelines established under subsection (a). SEC. 5. LIABILITY. Nothing in this Act shall affect the liability or indemnification of the port in the handling of nuclear materials. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) Atomic energy defense activity.--The term ``atomic energy defense activity'' means any activity of the Secretary of Energy performed in whole or in part in carrying out any of the following functions: (A) Naval reactors development. (B) Weapons activities including defense inertial confinement fusion. (C) Verification and control technology. (D) Defense nuclear materials production. (E) Defense nuclear waste and materials byproducts management. (F) Defense nuclear materials security and safeguards and security investigations. (G) Defense research and development. (2) Port authority.--The term ``port authority'' means any local, regional, State, or interstate authority having jurisdiction with respect to the operation of a port in the United States. (3) Repository.--The term ``repository'' has the meaning given such term by section 2(18) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(18)). (4) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given such term by section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)).", "summary": "Import Control and Safe Handling of Spent Nuclear Fuel Act of 1995 - Prohibits the importation of spent nuclear fuel unless: (1) the Congress has approved a repository with storage or disposal capacity for all the spent nuclear fuel from commercial nuclear reactors and atomic energy defense activities; and (2) such repositories are federally licensed and operating. Exempts from such proscription: (1) samples of spent nuclear fuel imported for testing and evaluation for national security reasons; and (2) imports from countries not authorized to possess nuclear weapons under the Treaty on the Non-Proliferation of Nuclear Weapons, but which are known or suspected to be producing or developing nuclear weapons. Provides guidelines which a port authority may use to ensure the safe unloading, transfer, and shipment of spent nuclear fuel through its port."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Multilingual Education and Technological Advancement Act of 2001''. SEC. 2. GRANTS FOR COMPUTER SOFTWARE FOR MULTILINGUAL EDUCATION. (a) Grants Authorized.--Subject to the availability of appropriations, the Secretary of Education may award grants, on a competitive basis, to local educational agencies to provide financial assistance to elementary and secondary schools for obtaining computer software for multilingual education. (b) Preference.--In awarding grants under subsection (a), the Secretary shall give preference to local educational agencies that serve an elementary or secondary school in which-- (1) a majority of the students are from families with incomes below the poverty line, as defined by the Office of Management and Budget and in effect under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); or (2) there is a high concentration of students with low levels of English proficiency. (c) Eligible Schools.--A grant under this section may be used to provide financial assistance only to an elementary or secondary school that meets the criteria of paragraph (1) or (2) of subsection (b). (d) Study.-- (1) In general.--The Secretary shall conduct an annual study of the effectiveness of the grant program under this section. (2) Report.--By the end of each fiscal year for which appropriations to carry out this Act are available, the Secretary shall transmit to the Congress a report that includes the following: (A) Findings on the effectiveness of this grant program, including the effectiveness of the computer software. (B) Recommendations for improving this grant program. (e) Application.--To seek a grant under subsection (a), a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for grants under this section $80,000,000 for fiscal years 2002 through 2006. SEC. 3. GRANTS FOR COMPUTERS. (a) Grants Authorized.--Subject to the availability of appropriations, the Secretary of Education may award grants, on a competitive basis, to local educational agencies to provide financial assistance to elementary and secondary schools for obtaining computers. (b) Mandatory Grants.--The Secretary shall award a grant under subsection (a) to any local educational agency that-- (1) submits an application under subsection (c); and (2) serves elementary or secondary schools in which, cumulatively, a majority of the students are from families with incomes below the poverty line, as defined by the Office of Management and Budget and in effect under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). (c) Eligible Schools.--A grant under this section may be used to provide financial assistance only to an elementary or secondary school in which-- (1) a majority of students are from families with incomes below the poverty line, as defined by the Office of Management and Budget and in effect under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); or (2) there are fewer computers than the greater of-- (A) 6 computers; or (B) a number of computers for that type school established by the Secretary by a regulation under this paragraph. (d) Application.--To seek a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for grants under this section $100,000,000 for each of fiscal years 2002 through 2006. SEC. 4. INFORMATION TECHNOLOGY TRAINING AND MULTILINGUAL EDUCATION PROGRAM GRANTS. (a) In General.--Subject to the availability of appropriations, the Secretaries may make grants to eligible partnerships to pay the Federal share of the cost of establishing and carrying out-- (1) information technology training programs for former participants in information technology training programs who have not received information technology certification, minorities, women, older individuals, veterans, Native Americans, and dislocated workers; and (2) multilingual education programs. (b) Partnerships.--To be an eligible partnership under subsection (a), a partnership shall consist of-- (1) an institution of higher education; and (2) a private organization, such as a certified commercial information technology training provider or an information technology trade or professional association. (c) Application.--To seek a grant under subsection (a), an eligible partnership shall submit an application to the Secretaries at such time, in such manner, and containing such information as the Secretaries may require. (d) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (a) shall be 50 percent. (2) Non-federal share.--The non-Federal share of the cost shall be provided in cash or in kind, fairly evaluated by the Secretaries, and may include plant, equipment, or services. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretaries to carry out this section $100,000,000 for fiscal year 2002 and such sums as may be necessary for each subsequent fiscal year. SEC. 5. BONUS GRANTS FOR INFORMATION TECHNOLOGY CERTIFICATION. (a) In General.--Subject to the availability of appropriations, the Secretary of Education may make grants to local educational agencies to assist such agencies in awarding bonuses to teachers who achieve information technology certification. (b) Limitation on Amount.--The amount of a grant to a local educational agency under subsection (a) shall not exceed the product determined by multiplying $5,000 by the number of teachers described pursuant to subsection (c)(2) in the application for the grant. (c) Application.-- (1) In general.--To seek a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--The application shall include information describing the number of teachers employed by the local educational agency who-- (A) have achieved information technology certification, including such certification for integrating information technology into the classroom or a curriculum; and (B) have not previously received a bonus under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Education to carry out this section $120,000,000 for each of fiscal years 2002 through 2006. SEC. 6. SCHOLARSHIPS FOR TEACHER TRAINING. (a) Grants Authorized.--Subject to the availability of appropriations, the Secretary of Education may award grants, on a competitive basis, to institutions of higher education to provide scholarships to any eligible student. (b) Eligible Students.--For purposes of this section, the term ``eligible student'' means a student who-- (1) is preparing to enter the teaching workforce; and (2) meets the criteria established under subsection (c). (c) Criteria.--For purposes of subsection (b)(2), the Secretary shall establish criteria that require a student to obtain both technological and multilingual education. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $100,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 7. DEFINITIONS. In this Act: (1) Certified commercial information technology training provider.--The term ``certified commercial information technology training provider'' means a private sector provider of educational products and services utilized for training in information technology that is certified by 1 or more software publishers or hardware manufacturers (the products of which are the subject of the training) with respect to-- (A) the curriculum that is used for the training; or (B) the technical knowledge of the instructors of such provider. (2) Dislocated worker.--The term ``dislocated worker'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (3) Elementary school.--The term ``elementary school'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (4) Information technology certification.--The term ``information technology certification'' means certification in information technology, in accordance with such standards as-- (A)(i) the Computing Technology Industry Association or the Information Technology Training Association may issue, after consultation with chief education officers of States, State boards, entities that certify or license teachers, and other entities affected by the standards; or (ii) a State board or entity that certifies or licenses teachers may issue, after consultation with chief education officers of States, and other entities affected by the standards; and (B) the Secretaries may approve. (5) Information technology training program.--The term ``information technology training program'' means a program for the training of-- (A) computer programmers, systems analysts, and computer scientists or engineers (as such occupations are defined by the Bureau of Labor Statistics); and (B) persons for such other occupations as are determined to be appropriate by the Secretaries, after consultation with a working group broadly solicited by the Secretaries and open to all interested information technology entities and trade and professional associations. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (7) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (8) Native american.--The term ``Native American'' means an Indian or a Native Hawaiian, as defined in section 166(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)). (9) Secondary school.--The term ``secondary school'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (10) Secretaries.--The term ``Secretaries'' means the Secretary of Education and the Secretary of Labor, acting jointly. (11) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).", "summary": "Multilingual Education and Technological Advancement Act of 2001 - Authorizes the Secretary of Education to make competitive grants to local educational agencies (LEAs) to provide financial assistance to elementary and secondary schools for obtaining: (1) computer software for multilingual education, with preference given to schools with a majority of students from poor families or a high concentration of students with low levels of English proficiency; and (2) computers, with grant awards mandatory for schools where a majority of students meet poverty criteria or where there are a specified low number of computers for students.Authorizes the Secretary, jointly with the Secretary of Labor, to make matching grants for: (1) information technology training programs for former participants in such programs who have not received information technology certification, minorities, women, older individuals, veterans, Native Americans, and dislocated workers; and (2) multilingual education programs. Requires a partnership, to be eligible for such a grant, to consist of: (1) an institution of higher education; and (2) a private organization, such as a certified commercial information technology training provider or an information technology trade or professional association.Authorizes the Secretary to make grants to LEAs to assist them in awarding bonuses to teachers who achieve information technology certification.Authorizes the Secretary to make competitive grants to institutions of higher education to provide scholarships to students who: (1) are preparing to enter the teaching profession; and (2) meet criteria established by the Secretary that requires them to obtain both technological and multilingual education."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Support for Missing and Exploited Children Act of 2017''. SEC. 2. FINDINGS. Section 402 of the Missing Children's Assistance Act (42 U.S.C. 5771) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) each year tens of thousands of children run away, or are abducted or removed, from the control of a parent having legal custody without such parent's consent, under circumstances which immediately place the child in grave danger;''; (2) by striking paragraphs (4) and (5); (3) in paragraph (6) by inserting ``, including child sex trafficking and sextortion'' after ``exploitation''; (4) in paragraph (8) by adding ``and'' at the end; (5) by striking paragraph (9); (6) by amending paragraph (10) to read as follows: ``(10) a key component of such programs is the National Center for Missing and Exploited Children that-- ``(A) serves as a nonprofit, national resource center and clearinghouse to provide assistance to victims, families, child-serving professionals, and the general public; ``(B) works with the Department of Justice, the Federal Bureau of Investigation, the United States Marshals Service, the Department of the Treasury, the Department of State, the United States Immigration and Customs Enforcement, the United States Secret Service, the United States Postal Inspection Service, other agencies, and nongovernmental organizations in the effort to find missing children and to prevent child victimization; and ``(C) coordinates with each of the missing children clearinghouses operated by the 50 States, the District of Columbia, Puerto Rico, and international organizations to transmit images and information regarding missing and exploited children to law enforcement, nongovernmental organizations, and corporate partners across the United States and around the world instantly.''; and (7) by redesignating paragraphs (6), (7), (8), and (10) as paragraphs (4), (5), (6), and (7), respectively. SEC. 3. DEFINITIONS. Section 403 of the Missing Children's Assistance Act (42 U.S.C. 5772) is amended-- (1) in paragraph (1)-- (A) by striking ``legal custodian'' each place it appears and inserting ``parent''; (B) in subparagraph (A) by striking ``custodian's'' and inserting ``parent's''; and (C) in subparagraph (C) by striking the period and the end and inserting a semicolon; (2) in paragraph (2) by striking ``and'' at the end; (3) in paragraph (3) by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(4) the term `parent' includes a legal guardian or other individual standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or an individual who is legally responsible for the child's welfare).''. SEC. 4. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR. Section 404 of the Missing Children's Assistance Act (42 U.S.C. 5773) is amended-- (1) in subsection (a)-- (A) in paragraph (3) by striking ``telephone line'' and inserting ``hotline''; and (B) in paragraph (6)(E)-- (i) by striking ``telephone line'' and inserting ``hotline''; (ii) by striking ``(b)(1)(A) and'' and inserting ``(b)(1)(A),''; and (iii) by inserting ``, and the number and types of reports to the tipline established under subsection (b)(1)(K)(i)'' before the semicolon at the end; (2) in subsection (b)(1)-- (A) in subparagraph (A)-- (i) by striking ``telephone line'' each place it appears and inserting ``hotline''; and (ii) by striking ``legal custodian'' and inserting ``parent''; (B) in subparagraph (C)-- (i) in clause (i)-- (I) by striking ``restaurant'' and inserting ``food''; and (II) by striking ``and'' at the end; (ii) in clause (ii) by adding ``and'' at the end; and (iii) by adding at the end the following: ``(iii) innovative and model programs, services, and legislation that benefit missing and exploited children;''; (C) by striking subparagraphs (E), (F), and (G); (D) by amending subparagraph (H) to read as follows: ``(H) provide technical assistance and training to families, law enforcement agencies, State and local governments, elements of the criminal justice system, nongovernmental agencies, local educational agencies, and the general public-- ``(i) in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children; ``(ii) to respond to foster children missing from the State child welfare system in coordination with child welfare agencies and courts handling juvenile justice and dependency matters; and ``(iii) in the identification, location, and recovery of victims of, and children at risk for, child sex trafficking;''; (E) by amending subparagraphs (I), (J), and (K) to read as follows: ``(I) provide assistance to families, law enforcement agencies, State and local governments, nongovernmental agencies, child-serving professionals, and other individuals involved in the location and recovery of missing and abducted children, both nationally, and in cooperation with the Department of State, internationally; ``(J) provide support and technical assistance to child-serving professionals involved in helping to recover missing and exploited children by searching public records databases to help in the identification, location, and recovery of such children, and help in the location and identification of potential abductors and offenders; ``(K) provide forensic and direct on-site technical assistance and consultation to families, law enforcement agencies, child-serving professionals, and nongovernmental organizations in child abduction and exploitation cases, including facial reconstruction of skeletal remains and similar techniques to assist in the identification of unidentified deceased children;''; (F) by striking subparagraphs (L) and (M); (G) by amending subparagraph (N) to read as follows: ``(N) provide training, technical assistance, and information to nongovernmental organizations relating to non-compliant sex offenders and to law enforcement agencies in identifying and locating such individuals;''; (H) by striking subparagraph (P); (I) by amending subparagraph (Q) to read as follows: ``(Q) work with families, law enforcement agencies, electronic service providers, electronic payment service providers, technology companies, nongovernmental organizations, and others on methods to reduce the existence and distribution of online images and videos of sexually exploited children-- ``(i) by operating a tipline to provide to individuals and electronic service providers an effective means of reporting Internet-related and other instances of child sexual exploitation in the areas of-- ``(I) possession, manufacture, and distribution of child pornography; ``(II) online enticement of children for sexual acts; ``(III) child sex trafficking; ``(IV) sex tourism involving children; ``(V) extra familial child sexual molestation; ``(VI) unsolicited obscene material sent to a child; ``(VII) misleading domain names; and ``(VIII) misleading words or digital images on the Internet; and subsequently to make such reports available to the appropriate law enforcement agency for its review and potential investigation; ``(ii) by operating a child victim identification program to assist law enforcement agencies in identifying victims of child pornography and other sexual crimes to support the recovery of children from sexually exploitative situations; and ``(iii) by utilizing emerging technologies to provide additional outreach and educational materials to parents and families;''; (J) by striking subparagraph (R); (K) by amending subparagraphs (S) and (T) to read as follows: ``(S) develop and disseminate programs and information to families, child-serving professionals, law enforcement agencies, State and local governments, nongovernmental organizations, schools, local educational agencies, child-serving organizations, and the general public on-- ``(i) the prevention of child abduction and sexual exploitation; ``(ii) Internet safety, including tips for social media and cyberbullying; and ``(iii) sexting and sextortion; and ``(T) provide technical assistance and training to local educational agencies, schools, State and local law enforcement agencies, individuals, and other nongovernmental organizations that assist with finding missing and abducted children in identifying and recovering such children.''; and (L) by redesignating subparagraphs (H), (I), (J), (K), (N), (O), (Q), (S), (T), (U), and (V) as subparagraphs (E) through (O), respectively. SEC. 5. GRANTS. Section 405 of the Missing Children's Assistance Act (42 U.S.C. 5775) is amended-- (1) in subsection (a)-- (A) in paragraph (7) by striking ``(as defined in section 403(1)(A))''; and (B) in paragraph (8)-- (i) by striking ``legal custodians'' and inserting ``parents''; and (ii) by striking ``custodians''' and inserting ``parents'''; and (2) in subsection (b)(1)(A) by striking ``legal custodians'' and inserting ``parents''. SEC. 6. REPORTING. The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is amended-- (1) by redesignating sections 407 and 408 as section 408 and 409, respectively; and (2) by inserting after section 406 the following: ``SEC. 407. REPORTING. ``(a) Required Reporting.--As a condition of receiving funds under section 404(b), the grant recipient shall, based solely on reports received by the grantee and not involving any data collection by the grantee other than those reports, annually provide to the Administrator and make available to the general public, as appropriate-- ``(1) the number of children nationwide who are reported to the grantee as missing; ``(2) the number of children nationwide who are reported to the grantee as victims of non-family abductions; ``(3) the number of children nationwide who are reported to the grantee as victims of family abductions; and ``(4) the number of missing children recovered nationwide whose recovery was reported to the grantee. ``(b) Incidence of Attempted Child Abductions.--As a condition of receiving funds under section 404(b), the grant recipient shall-- ``(1) track the incidence of attempted child abductions in order to identify links and patterns; ``(2) provide such information to law enforcement agencies; and ``(3) make such information available to the general public, as appropriate.''. Passed the House of Representatives May 23, 2017. Attest: KAREN L. HAAS, Clerk.", "summary": "(This measure has not been amended since it was reported to the House on May 4, 2017. Improving Support for Missing and Exploited Children Act of 2017 (Sec. 2) This bill amends the Missing Children's Assistance Act to revise the findings to, among other things, specify that the growing numbers of children who are victims of child sexual exploitation include victims of child sex trafficking and sextortion. (Sec. 3) The bill revises the definition of "missing child" to mean an individual under 18 years of age whose whereabouts are unknown to the individual's parent (currently, legal custodian). It specifies that a parent includes a legal guardian or an individual who functions as a parent (e.g., a grandparent). (Sec. 4) It revises existing functions and duties of the National Center on Missing and Exploited Children (NCMEC) and adds new requirements for the NCMEC, including to: provide training and technical assistance to help families, law enforcement agencies, and other entities respond to missing foster children and identify, locate, and recover child sex trafficking victims; provide forensic and direct on-site technical assistance, including facial reconstruction of skeletal remains, to help families, law enforcement agencies, and other entities identify deceased children; provide training, technical assistance, and information to help law enforcement agencies and nongovernmental organizations identify and locate non-compliant sex offenders; and develop and disseminate programs and information on sexting and sextortion to families, law enforcement agencies, and other entities. (Sec. 6) The NCMEC must make publicly available the annual report on missing children and the incidence of attempted child abductions."}
{"article": "SECTION 1. PROVISION OF TECHNICAL ASSISTANCE TO MICROENTERPRISES. Title I of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle C--Microenterprise Technical Assistance and Capacity Building Program ``SEC. 171. SHORT TITLE. ``This subtitle may be cited as the `Program for Investment in Microentrepreneurs Act of 1999', also referred to as the `PRIME Act'. ``SEC. 172. DEFINITIONS. ``For purposes of this subtitle-- ``(1) the term `Administrator' has the same meaning as in section 103; ``(2) the term `capacity building services' means services provided to an organization that is, or is in the process of becoming a microenterprise development organization or program, for the purpose of enhancing its ability to provide training and services to disadvantaged entrepreneurs; ``(3) the term `collaborative' means 2 or more nonprofit entities that agree to act jointly as a qualified organization under this subtitle; ``(4) the term `disadvantaged entrepreneur' means a microentrepreneur that is-- ``(A) a low-income person; ``(B) a very low-income person; or ``(C) an entrepreneur that lacks adequate access to capital or other resources essential for business success, or is economically disadvantaged, as determined by the Administrator; ``(5) the term `Fund' has the same meaning as in section 103; ``(6) the term `Indian tribe' has the same meaning as in section 103; ``(7) the term `intermediary' means a private, nonprofit entity that seeks to serve microenterprise development organizations and programs as authorized under section 175; ``(8) the term `low-income person' has the same meaning as in section 103; ``(9) the term `microentrepreneur' means the owner or developer of a microenterprise; ``(10) the term `microenterprise' means a sole proprietorship, partnership, or corporation that-- ``(A) has fewer than 5 employees; and ``(B) generally lacks access to conventional loans, equity, or other banking services; ``(11) the term `microenterprise development organization or program' means a nonprofit entity, or a program administered by such an entity, including community development corporations or other nonprofit development organizations and social service organizations, that provides services to disadvantaged entrepreneurs or prospective entrepreneurs; ``(12) the term `training and technical assistance' means services and support provided to disadvantaged entrepreneurs or prospective entrepreneurs, such as assistance for the purpose of enhancing business planning, marketing, management, financial management skills, and assistance for the purpose of accessing financial services; and ``(13) the term `very low-income person' means having an income, adjusted for family size, of not more than 150 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2), including any revision required by that section). ``SEC. 173. ESTABLISHMENT OF PROGRAM. ``The Administrator shall establish a microenterprise technical assistance and capacity building grant program to provide assistance from the Fund in the form of grants to qualified organizations in accordance with this subtitle. ``SEC. 174. USES OF ASSISTANCE. ``A qualified organization shall use grants made under this subtitle-- ``(1) to provide training and technical assistance to disadvantaged entrepreneurs; ``(2) to provide training and capacity building services to microenterprise development organizations and programs and groups of such organizations to assist such organizations and programs in developing microenterprise training and services; ``(3) to aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs; and ``(4) for such other activities as the Administrator determines are consistent with the purposes of this subtitle. ``SEC. 175. QUALIFIED ORGANIZATIONS. ``For purposes of eligibility for assistance under this subtitle, a qualified organization shall be-- ``(1) a nonprofit microenterprise development organization or program (or a group or collaborative thereof) that has a demonstrated record of delivering microenterprise services to disadvantaged entrepreneurs; ``(2) an intermediary; ``(3) a microenterprise development organization or program that is accountable to a local community, working in conjunction with a State or local government or Indian tribe; or ``(4) an Indian tribe acting on its own, if the Indian tribe can certify that no private organization or program referred to in this paragraph exists within its jurisdiction. ``SEC. 176. ALLOCATION OF ASSISTANCE; SUBGRANTS. ``(a) Allocation of Assistance.-- ``(1) In general.--The Administrator shall allocate assistance from the Fund under this subtitle to ensure that-- ``(A) activities described in section 174(1) are funded using not less than 75 percent of amounts made available for such assistance; and ``(B) activities described in section 174(2) are funded using not less than 15 percent of amounts made available for such assistance. ``(2) Limit on individual assistance.--No single organization or entity may receive more than 10 percent of the total funds appropriated under this subtitle in a single fiscal year. ``(b) Targeted Assistance.--The Administrator shall ensure that not less than 50 percent of the grants made under this subtitle are used to benefit very low-income persons, including those residing on Indian reservations. ``(c) Subgrants Authorized.-- ``(1) In general.--A qualified organization receiving assistance under this subtitle may provide grants using that assistance to qualified small and emerging microenterprise organizations and programs, subject to such rules and regulations as the Administrator determines to be appropriate. ``(2) Limit on administrative expenses.--Not more than 7.5 percent of assistance received by a qualified organization under this subtitle may be used for administrative expenses in connection with the making of subgrants under paragraph (1). ``(d) Diversity.--In making grants under this subtitle, the Administrator shall ensure that grant recipients include both large and small microenterprise organizations, serving urban, rural, and Indian tribal communities and racially and ethnically diverse populations. ``SEC. 177. MATCHING REQUIREMENTS. ``(a) In General.--Financial assistance under this subtitle shall be matched with funds from sources other than the Federal Government on the basis of not less than 50 percent of each dollar provided by the Fund. ``(b) Sources of Matching Funds.--Fees, grants, gifts, funds from loan sources, and in-kind resources of a grant recipient from public or private sources may be used to comply with the matching requirement in subsection (a). ``(c) Exception.-- ``(1) In general.--In the case of an applicant for assistance under this subtitle with severe constraints on available sources of matching funds, the Administrator may reduce or eliminate the matching requirements of subsection (a). ``(2) Limitation.--Not more than 10 percent of the total funds made available from the Fund in any fiscal year to carry out this subtitle may be excepted from the matching requirements of subsection (a), as authorized by paragraph (1) of this subsection. ``SEC. 178. APPLICATIONS FOR ASSISTANCE. ``An application for assistance under this subtitle shall be submitted in such form and in accordance with such procedures as the Fund shall establish. ``SEC. 179. RECORDKEEPING. ``The requirements of section 115 shall apply to a qualified organization receiving assistance from the Fund under this subtitle as if it were a community development financial institution receiving assistance from the Fund under subtitle A. ``SEC. 180. AUTHORIZATION. ``In addition to funds otherwise authorized to be appropriated to the Fund to carry out this title, there are authorized to be appropriated to the Fund to carry out this subtitle-- ``(1) $15,000,000 for fiscal year 2000; ``(2) $25,000,000 for fiscal year 2001; ``(3) $30,000,000 for fiscal year 2002; and ``(4) $35,000,000 for fiscal year 2003. ``SEC. 181. IMPLEMENTATION. ``The Administrator shall, by regulation, establish such requirements as may be necessary to carry out this subtitle.''. SEC. 2. ADMINISTRATIVE EXPENSES. Section 121(a)(2)(A) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4718(a)(2)(A)) is amended-- (1) by striking ``$5,550,000'' and inserting ``$6,100,000''; and (2) in the first sentence, by inserting before the period ``, including costs and expenses associated with carrying out subtitle C''. SEC. 3. CONFORMING AMENDMENTS. Section 104(d) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(d)) is amended-- (1) in paragraph (2)-- (A) by striking ``15'' and inserting ``17''; (B) in subparagraph (G)-- (i) by striking ``9'' and inserting ``11''; (ii) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and (iii) by inserting after clause (iii) the following: ``(iv) 2 individuals who have expertise in microenterprises and microenterprise development;''; and (2) in paragraph (4), in the first sentence, by inserting before the period ``and subtitle C''.", "summary": "Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, which may be cited as the Program for Investment in Microentrepreneurs Act of 1999 (or PRIME Act). Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified nonprofit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Prohibits the use of grant amounts to make loans of any kind. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Instructs the Administrator to employ selection criteria that provide positive consideration to applications by qualified organizations participating in the Microloan program established under the Small Business Act. Mandates matching funds from non-Federal sources. Requires the Administrator to report to certain congressional committees on the enterprise technical assistance and capacity building program, including an evaluation of its effectiveness. Authorizes appropriations. Requires the Administrator to: (1) submit regulations to the Administrator of the Small Business Administration (SBA) for review and comment; and (2) enter into a memorandum of understanding with the SBA Administrator providing that the program under this Act and the Microloan program under the Small Business Act will be implemented in conjunction and coordination with one another. Prohibits the Fund Administrator from making any grant under this Act before reaching accord on such memorandum of understanding."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Subcontractors Payment Protection Enhancement Act of 1998''. SEC. 2. ADDITIONAL RESPONSIBILITIES OF THE ADMINISTRATOR FOR FEDERAL PROCUREMENT POLICY. Section 6(d) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)) is amended-- (1) by redesignating paragraphs (9), (10), (11), (12), and (13), as paragraphs (10), (11), (12), (13), and (14), respectively; and (2) by inserting after paragraph (8) the following new paragraph: ``(9) establishing appropriate Government-wide policies and assuring Government-wide implementation through the Federal Acquisition Regulation of statutes and policies assuring the timely payment of contractors, subcontractors, and suppliers, including chapter 39 of title 31, United States Code (commonly known as the ``Prompt Payment Act''), the Miller Act (40 U.S.C. 270a-270d-1), and section 2091 of the Federal Acquisition Streamlining Act of 1994 (Pub. Law 103-355; 108 Stat. 3306);''. SEC. 3. IMPLEMENTATION THROUGH THE GOVERNMENT-WIDE PROCUREMENT REGULATIONS. (a) Proposed Regulations.--Proposed revisions to the Government- wide Federal Acquisition Regulation to implement the amendments made by this Act shall be published not later than 120 days after the date of the enactment of this Act and provide not less than 60 days for public comment. (b) Final Regulations.--Final regulations shall be published not less than 180 days after the date of the enactment of this Act and shall be effective on the date that is 30 days after the date of publication. SEC. 4. RELATED AMENDMENTS TO THE MILLER ACT. (a) Improvement of Payment Bond Protection.--Subsection (a)(2) of the first section of the Miller Act (40 U.S.C. 270a(2)) is amended by striking the second, third, and fourth sentences and inserting in lieu thereof the following new sentence: ``The amount of the payment bond shall be equal to the amount of the performance bond.''. (b) Payment Bond Protection for Progress Payments.--Section 2(a) of the Miller Act (40 U.S.C. 270b(a)) is amended in the first sentence by striking ``who has not been paid in full therefor'' and inserting in lieu thereof the following: ``(1) who has not been paid in full for a progress payment before the expiration of a period of seven days after the due date of the progress payment, or (2) who has not been paid in full for the labor or material''. (c) Extension of Payment Bond Protection to All Subcontractors and Suppliers.--Section 2(a) of the Miller Act (40 U.S.C. 270b(a)) is further amended-- (1) by striking ``performed by him'' and inserting ``performed by the person''; (2) by striking ``supplied by him'' and inserting in lieu thereof ``supplied by the person''; and (3) by striking ``him: Provided, however,'' and all that follows through ``within ninety days from'' and inserting in lieu thereof ``the person. Any person who institutes such a suit shall give notice of such suit to the contractor who furnished such payment bond not later than 90 days after''. (d) Preservation of Payment Bond Protection.--The first section of the Miller Act (40 U.S.C. 270a) is further amended by adding at the end the following new subsection: ``(e) No waiver of any protection afforded to a person by a payment bond required by this Act shall be valid unless the waiver is in writing and is made after the date such person may institute a suit under section 2 with respect to such bond.''. (e) Modernization of Service of Payment Bond Claims.--Section 2(a) of the Miller Act (40 U.S.C. 270b(a)) is further amended in the sentence beginning with ``Such notice'' by striking ``by mailing'' and all that follows through ``or his residence'' and inserting in lieu thereof ``to the contractor at any place the contractor conducts business through any delivery service that provides proof of receipt, including the United States Postal Service, a private express delivery service, or delivery by any form of electronic means,''. (f) Elimination of Delays in Payment Bond Protection.--Section 2 of the Miller Act (40 U.S.C. 270b) is further amended-- (1) in the second paragraph, by inserting ``(b)'' before ``Every suit instituted''; and (2) by adding at the end the following new subsection: ``(c) A suit instituted under this section shall not be dismissed on the grounds that it was filed before the expiration of a period of ninety days after the date on which the last of the labor was done or performed or material was furnished or supplied if the person who instituted the suit has received from the contractor who furnished the bond a denial in writing that payment is due, in whole or in part.''. (g) Discouragement of Frivolous Payment Bond Litigation.--Section 2 of the Miller Act is further amended by adding at the end the following new subsection: ``(d)(1) A court may award the prevailing party in a suit instituted under this section court costs, attorneys' fees, and interest, if the court determines that such an award is appropriate and that-- ``(A) the suit is frivolous or a defense that is asserted in the suit is groundless; or ``(B) such an award is needed to preserve the protections of this Act with respect to a small claim, in an amount not exceeding the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act; 41 U.S.C. 403(11)).''. ``(2) Interest awarded under this subsection shall be calculated for the period beginning on the date the claim is made and ending on the date of payment, using the interest rates applicable to late payment interest penalties pursuant to section 3902 of title 31, United States Code (commonly referred to as the ``Prompt Payment Act'').''. (h) Accountability of Contracting Officers.--The first section of the Miller Act (40 U.S.C. 270a) is further amended by adding at the end the following new subsection: ``(f)(1) The contracting officer for a contract shall be responsible for-- ``(A) obtaining from the contractor the payment bond required under subsection (a); and ``(B) ensuring that the payment bond remains in effect during the administration of the contract. ``(2) In any case in which a person brings suit pursuant to section 2 and the court determines that the required payment bond is not in effect because the contracting officer has failed to perform the responsibilities required by paragraph (1), upon petition of the person who brought the suit the court may authorize such person to bring suit against the United States for the amount that the person would have sued for under section 2.''.", "summary": "Construction Subcontractors Payment Protection Enhancement Act of 1998 - Amends the Office of Federal Procurement Policy Act to provide for the establishment of policies assuring the timely payment of contractors, subcontractors, and suppliers. Amends the Miller Act to revise provisions concerning payment bonds."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stadium Financing and Franchise Relocation Act of 1999''. SEC. 2. EXPANSION, MODIFICATION, AND CLARIFICATION OF ANTITRUST EXEMPTIONS. (a) Definitions.--Section 5 of Public Law 87-331, commonly known as the ``Sports Broadcasting Act'' (15 U.S.C. 1295) is amended to read as follows: ``SEC. 5. DEFINITIONS. ``In this Act: ``(1) Antitrust laws.--The term `antitrust laws'-- ``(A) means antitrust laws, as that term is defined in section 1 of the Clayton Act (15 U.S.C. 12); and ``(B) includes antitrust Acts, as that term is defined in section 4 of the Federal Trade Commission Act (15 U.S.C. 44). ``(2) Construction.--With respect to a playing facility, the term `construction' means the construction of a playing facility that is not in existence at the commencement of the construction. ``(3) Local governmental entity.--The term `local governmental entity' means-- ``(A) a State; or ``(B) a county, city or other unit of local government. ``(4) Person.--The term `person' means any individual, partnership, corporation, or unincorporated association, or any combination or association thereof. ``(5) Playing facility.--The term `playing facility' means a stadium or ballpark designed to seat a minimum of 35,000 spectators. ``(6) Renovation.--With respect to a playing facility, the term `renovation' means the renovation of an existing playing facility. ``(7) Sponsored telecasting.--The term `sponsored telecasting'-- ``(A) except as provided in subparagraph (B), includes all over-the-air, cable and satellite transmissions; and ``(B) does not include pay-per-view broadcasts.''. (b) Expansion, Modification, and Clarification of Exemptions.--The first section of Public Law 87-331, commonly known as the ``Sports Broadcasting Act'' (15 U.S.C. 1291) is amended to read as follows: ``SECTION 1. EXEMPTIONS FROM ANTITRUST LAWS OF AGREEMENTS COVERING THE TELECASTING OF SPORTS CONTESTS, THE COMBINING OF PROFESSIONAL FOOTBALL LEAGUES AND THE RELOCATION OF SPORTS FRANCHISES. ``(a) Exemptions.-- ``(1) In general.--Subject to subsection (b), the antitrust laws shall not apply to any joint agreement described in paragraph (2). ``(2) Joint agreements described.--A joint agreement described in this paragraph is a joint agreement-- ``(A) by or among persons engaging in or conducting the organized professional team sports of football, baseball, basketball, or hockey, by which any league of clubs participating in that professional sport sells or otherwise transfers all or any part of the rights of the member clubs of that league in the sponsored telecasting of the games of that professional sport that are engaged in or conducted by those member clubs; ``(B) by which the member clubs of 2 or more professional football leagues described in section 501(c)(6) of the Internal Revenue Code of 1986 and that are exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 combine their operations in an expanded single league that is exempt from income tax by reason of such section 501(a), if that agreement-- ``(i) increases the number of professional football clubs operating; and ``(ii) contains provisions that are directly relevant to the combination of operations for such an expanded single league; or ``(C) by which any league of clubs participating in a professional sport referred to in subparagraph (A) denies a member club the right to transfer the location of the franchise of that member club. ``(b) Conditions on Exemptions.-- ``(1) In general.--The exemption under subsection (a) for a joint agreement described in subsection (a)(2)(A) shall apply, with respect to a football league or major league baseball league only if the league of football or major league baseball clubs involved-- ``(A) agrees-- ``(i) to meet the requirement under paragraph (2); ``(ii) not later than 90 days after the date of enactment of the Stadium Financing and Franchise Relocation Act of 1999, to establish a special trust fund into which the league will deposit an amount equal to 10 percent of the amounts received under that joint agreement for the sale or transfer of the rights in sponsored telecasting of the games of the professional sport of that league in the United States, on the condition that any funds in the trust fund that are not obligated during the 10-year period beginning on the date on which those funds are deposited in that trust fund shall be withdrawn from that trust fund and treated as gross revenues of the league; ``(iii) to use the amounts in the trust fund established under clause (ii) only for financing, in accordance with this section, the construction or renovation of playing facilities from which games of the teams of that league will be televised; and ``(iv) to make available to a local governmental entity, upon request of that entity, from the amounts in the trust fund established under clause (ii), assistance for the cost of the construction or renovation of playing facilities to be used by a member club in that league (if that construction or renovation was not completed prior to the date of introduction of the Stadium Financing and Franchise Relocation Act of 1999), up to a maximum of one-half of that cost, if-- ``(I) the local governmental entity makes a commitment, under a lease or other written agreement entered into between the member club involved and the local governmental entity, to provide funds in an amount equal to at least one-half of the amount of funds to be provided for that purpose by the league; and ``(II) the amounts requested by the local governmental entity are available or become available for obligation from the trust fund established under clause (ii); and ``(B) not later than the date specified in subparagraph (A)(ii), notifies the Attorney General that the league will establish a trust fund in accordance with subparagraph (A). ``(2) Additional requirement.--If a league establishes a trust fund under paragraph (1)(A), as a condition to receiving an exemption under subsection (a)(2)(A), the league shall exclude the amounts deposited in the trust fund from designation as defined gross revenues of the league, or as any other similar designation that describes revenues that are to be shared by the member clubs or the players of the league. ``(3) Major league baseball.-- ``(A) In general.--The requirements of paragraphs (1) and (2) shall apply to a league of major league baseball clubs in the same manner as they apply to a league of professional football clubs. ``(B) Other exemptions.--Nothing in this subsection is intended to affect any exemption from the antitrust laws that may apply to major league baseball with respect to activities that are not covered under this Act.''. (c) Technical and Conforming Amendments.-- (1) Area telecasting restriction limitation.--Section 2 of Public Law 87-331, commonly known as the ``Sports Broadcasting Act'' (15 U.S.C. 1292) is amended-- (A) by striking ``Sec. 2. Section'' and inserting the following: ``SEC. 2. AREA TELECASTING RESTRICTION LIMITATION. ``Section''; and (B) by striking ``described in the first sentence of such section'' and inserting ``described in subsection (a)(2) of that section''. (2) Intercollegiate and interscholastic football consent limitations.--Section 3 of Public Law 87-331, commonly known as the ``Sports Broadcasting Act'' (15 U.S.C. 1293) is amended by striking ``Sec. 3. The first sentence of section 1 of this Act'' and inserting the following: ``SEC. 3. INTERCOLLEGIATE AND INTERSCHOLASTIC FOOTBALL CONSENT LIMITATIONS. ``The exemption under section 1(a)''. (3) Statutory construction.--Section 4 of Public Law 87- 331, commonly known as the ``Sports Broadcasting Act'' (15 U.S.C. 1293) is amended by striking ``Sec. 4. Nothing'' and inserting the following: ``SEC. 4. STATUTORY CONSTRUCTION. ``Nothing''.", "summary": "Stadium Financing and Franchise Relocation Act of 1999 - Rewrites the Sports Broadcasting Act to exempt from the antitrust laws any joint agreement: (1) by or among persons engaging in or conducting the organized professional team sports of football, baseball, basketball, or hockey by which any league of clubs participating in that professional sport sells or otherwise transfers all or part of the rights of that league's member clubs in the sponsored telecasting of games; (2) by which the member clubs of two or more professional football leagues that are exempt from taxation combine their operations in an expanded single league that is exempt from income tax, if that agreement increases the number of professional football clubs operating and contains provisions that are directly relevant to the combination of operations for such league; or (3) by which any league of clubs participating in such a professional sport denies a member club the right to transfer the location of the franchise of that member club. Conditions the exemption, with respect to a football league or major league baseball league, on the football league or major league baseball clubs involved agreeing to meet specified requirements, including the establishment of a special trust fund into which the league will deposit ten percent of the amounts received under the joint agreement for the sale or transfer of the rights in sponsored telecasting of games to finance the construction or renovation of playing facilities, upon request of a local governmental entity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonias Improvement Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Covered program.--The term ``covered program'' means-- (A) water and waste facility loans and grants under section 306C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926c); (B) wastewater assistance to colonias under section 307 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1281 note; Public Law 104-182); (C) drinking water assistance to colonias under section 1456 of the Public Health Service Act (42 U.S.C. 300j-16); (D) housing assistance under section 509(f) of the Housing Act of 1949 (42 U.S.C. 1479(f)); (E) community development block grant assistance under section 916 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 5306 note; Public Law 101-625); (F) assistance under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (G) any other program of the Environmental Protection Agency, the Department of Housing and Urban Development, or the Department of Agriculture that specifically includes assistance for colonias, as determined by the Administrator. SEC. 3. REVISED DEFINITION. (a) Revised Definition Required.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Housing and Urban Development and the Secretary of Agriculture, shall issue a proposed rule containing a definition of the term ``colonia'' that-- (1) is the same for each covered program, to the extent consistent with the provisions of law described in subparagraphs (A) through (F) of section 2(2) and the requirements of any program described in subparagraph (G) of such section 2(2); (2) is limited to a community that-- (A) is located within 75 miles of the border between the United States and Mexico; or (B) has applied for or received funding under a covered program before the date of enactment of this Act; (3) reflects and preserves the historic, geographic, and cultural character of the communities served by the covered programs; and (4) may be used to determine whether an applicant qualifies for assistance under any covered program. (b) Exemptions.--The rule issued under subsection (a) may include a process by which the Administrator may request a limited exemption from the application of the revised definition to a covered program. (c) Final Rule.--The Administrator shall ensure that the final rule under subsection (a) takes effect not later than 1 year after the date of enactment of this Act. SEC. 4. WEBPAGE. The Administrator, the Secretary of Housing and Urban Development, and the Secretary of Agriculture shall establish and regularly update a webpage that-- (1) serves as a clearinghouse for information relating to the covered programs; and (2) includes links to information specific to each State in which a covered program operates, including local contact information. SEC. 5. WORKING GROUP. (a) Establishment.--The Administrator shall establish a working group that includes the Secretary of Housing and Urban Development and the Secretary of Agriculture-- (1) to review covered programs; (2) to record information relating to each award that is and has been made under a covered program; (3) to hold public hearings relating to covered programs; and (4) to make recommendations to Congress for improvements to covered programs, including improvements-- (A) that address the economic and social development of colonias; and (B) to the application process for covered programs. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report that includes-- (1) the results of the review under subsection (a)(1); (2) a summary of the information recorded under subsection (a)(2); (3) the recommendations under subsection (a)(3); (4) a plan to include transportation planning and health considerations in covered programs; (5) a survey of needs that are not met by covered programs; (6) a plan to develop key indicators for living standards in communities served by covered programs, including health, education, and housing conditions; (7) proposed metrics for tracking the success of covered programs and identifying areas for the improvement of covered programs; and (8) any other applicable information, as determined by the Administrator. SEC. 6. CULTURAL SENSITIVITY. The Administrator, and any person working with the Administrator to carry out a covered program, shall make every effort-- (1) to carry out this Act in a manner that is sensitive to the cultural and regional differences among communities served by covered programs; and (2) to work with local organizations that carry out activities in communities served by covered programs.", "summary": "Colonias Improvement Act of 2014 - Directs the Environmental Protection Agency (EPA) to issue, in consultation with the Department of Housing and Urban Development (HUD) and the Department of Agriculture (USDA), a rule defining colonia (a type of settlement along the border of the United States and Mexico) that: is the same for any program of the EPA, HUD, or USDA that specifically includes assistance for colonias (covered program); is limited to a community that is located within 75 miles of the border or that has applied for or received funding under a covered program before this Act's enactment; reflects and preserves the historic, geographic, and cultural character of the communities served by the covered program; and may be used to determine whether an applicant qualifies for assistance under a program. Directs the EPA, HUD, and USDA to establish and update an online clearinghouse with information relating to covered programs and links to information specific to each state. Requires EPA to establish a working group that includes HUD and USDA to review covered programs, record information relating to each award made under a covered program, hold public hearings, and make recommendations to Congress for improving the programs."}
{"article": "SECTION 1. STATEMENT OF PRINCIPLES. (a) Purpose.--It is the purpose of this Act to create principles governing the conduct of commercial cooperation projects of United States nationals in the Socialist Republic of Vietnam. (b) Principles.--It is the sense of the Congress that any United States national conducting a commercial cooperation project in the Socialist Republic of Vietnam should adhere to the following principles: (1) Seek to ensure that political or religious views, sex, ethnic or national background, involvement in political activities or nonviolent demonstrations, or association with suspected or known dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or in any way affect the status or terms of employment in the commercial cooperation project. The United States national should not discriminate in terms or conditions of employment in the commercial cooperation project against former members of the armed forces of the Republic of Vietnam (South Vietnam), former government officials of the Republic of Vietnam, former employees of the United States Government in the Republic of Vietnam, former employees of United States Government officials in the Republic of Vietnam, former employees of United States enterprises in the Republic of Vietnam, and repatriated asylum-seekers (so- called ``boat people''). (2) Ensure that methods of production used in the commercial cooperation project do not pose an unnecessary physical danger to workers and neighboring populations and property and that the commercial cooperation project does not unnecessarily risk harm to the surrounding environment. (3) Strive to use business enterprises that are not controlled by the Socialist Republic of Vietnam or its authorized agents and departments as potential partners in the commercial cooperation project. (4) Prohibit any military presence on the premises of the commercial cooperation project. (5) Undertake to promote freedom of association and assembly among the employees of the United States national, including the right of employees to form collective bargaining units. The United States national should protest any infringement by the Government of the Socialist Republic of Vietnam of these freedoms to the appropriate authorities of that government and to the International Labor Organization. (6) Prohibit any compulsory political indoctrination programs from taking place on the premises of the operations of the commercial cooperation project. (7) Promote freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media. To this end, the United States national should raise with appropriate authorities of the Government of the Socialist Republic of Vietnam concerns about restrictions on importation of foreign publications. (8) Undertake to promote a full accounting of all Americans missing in action from the Vietnam conflict. (c) Promotion of Principles by Other Nations.--The Secretary of State shall forward a copy of the principles described in subsection (b) to the member nations of the Organization for Economic Cooperation and Development and encourage them to promote principles similar to these principles. SEC. 2. REGISTRATION REQUIREMENT. (a) In General.--Each United States national conducting a commercial cooperation project in the Socialist Republic of Vietnam shall register with the Secretary of State and indicate whether the United States national agrees to implement the principles described in section 1(b). No fee shall be required for registration under this subsection. (b) Effective Date.--The registration requirement of subsection (a) shall take effect 6 months after the date of the enactment of this Act. SEC. 3. REPORTING REQUIREMENTS. (a) Report.--Each United States national conducting a commercial cooperation project in the Socialist Republic of Vietnam shall report to the Department of State describing the United States national's adherence to the principles described in section 1(b). Such national shall submit a completed reporting form furnished by the Department of State. The first report shall be submitted not later than 1 year after the date on which the national registers under section 2 and not later than the end of each 1-year period occurring thereafter. (b) Review of Report.--The Secretary of State shall review each report submitted under subsection (a) and determine whether the United States national submitting the report is adhering to the principles described in section 1(b). The Secretary may request additional information from the United States national and other sources to verify the information submitted. (c) Annual Report.--The Secretary of State shall submit a report to the Congress and to the Secretariat of the Organization for Economic Cooperation and Development, describing the level of adherence to the principles described in section 1(b) by United States nationals subject to the reporting requirement of subsection (a). This report shall be submitted not later than 2 years after the date of the enactment of this Act and not later than the end of each 1-year period occurring thereafter. SEC. 4. EXPORT MARKETING SUPPORT. (a) Support.--Departments and agencies of the United States may only intercede with a foreign government or foreign national regarding export marketing activity in the Socialist Republic of Vietnam on behalf of a United States national subject to the reporting requirements of section 3(a) if that United States national adheres to the principles. (b) Type of Contact.--The term ``intercede with a foreign government or foreign national'' includes any contact by an officer or employee of the United States with officials of any foreign government or foreign national involving or contemplating any effort to assist in selling a good, service, or technology in the Socialist Republic of Vietnam. Such term does not include multilateral or bilateral government-to-government trade negotiations intended to resolve trade issues which may affect United States nationals who do not adhere to the principles. (c) Effective Date.--Subsection (a) shall take effect 2 years after the date of enactment of this Act. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the terms ``adhere to the principles'', ``adhering to the principles'' and ``adherence to the principles'' mean-- (A) agreeing to implement the principles described in section 1(b); (B) implementing those principles by taking good faith measures with respect to each such principle; and (C) reporting accurately to the Department of State on the measures taken to implement those principles; (2) the term ``commercial cooperation project'' refers to a for-profit activity the business operations of which employ more than 25 individuals or have assets greater than $25,000; and (3) the term ``United States national'' means-- (A) a citizen or national of the United States or a permanent resident of the United States; and (B) a corporation, partnership, and other business association organized under the laws of the United States, any State or territory thereof, the District of Columbia, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands.", "summary": "Expresses the sense of the Congress that any U.S. national conducting a commercial cooperation project in Vietnam should adhere to specified principles regarding: (1) nondiscrimination in employment; (2) worker and environmental safety; (3) partnerships with businesses not controlled by the Vietnamese Government; (4) prohibitions on a military presence and political indoctrination programs on project premises; (5) freedoms of association and expression; and (6) the promotion of a full accounting of all Americans missing in action from the Vietnam conflict. Directs the Secretary of State to encourage member nations of the Organization for Economic Cooperation and Development to promote similar principles. Requires U.S. nationals conducting commercial cooperation projects in Vietnam to: (1) register with the Secretary and indicate whether they agree to implement such principles; and (2) report annually to the Department of State on adherence to such principles. Permits Federal agencies to intercede with a foreign government or national on behalf of such a U.S. national regarding export marketing activities in Vietnam only if such individual adheres to the principles."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Connect Act of 2017''. SEC. 2. ELIGIBILITY OF TRIBAL LIBRARIES AND QUALIFYING ANCHOR INSTITUTIONS FOR E-RATE SUPPORT. Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended-- (1) in subsection (h)(4), by inserting ``, except as provided in subsection (m),'' before ``is a library or library consortium''; and (2) by adding at the end the following: ``(m) Eligibility of Tribal Libraries and Qualifying Anchor Institutions for E-Rate Support.-- ``(1) Definitions.--In this subsection-- ``(A) the term `broadband Internet access service' has the meaning given the term in section 8.2 of title 47, Code of Federal Regulations, or any successor regulation; ``(B) the term `E-rate program' means the universal service program for schools and libraries authorized under subsection (h)(1)(B), the rules of which are set forth under subpart F of part 54 of title 47, Code of Federal Regulations (or any successor regulation), as authorized under subsection (h)(2)(A); ``(C) the term `E-rate support' means universal service discounts on eligible services in accordance with subpart F of part 54 of title 47, Code of Federal Regulations (or any successor regulation), as authorized under subsection (h)(2)(A); ``(D) the term `Indian tribe' has the meaning given the term in section 20.1 of title 25, Code of Federal Regulations, or any successor regulation; and ``(E) the term `qualifying anchor institution' means a facility owned by an Indian tribe, including a tribal government building, chapter house, longhouse, community center, senior center, or other similar public building. ``(2) Eligibility of tribal libraries for e-rate support.-- ``(A) Designation of tribal libraries as libraries eligible for e-rate support.-- ``(i) In general.--An Indian tribe that is eligible for support under section 261 of the Library Services and Technology Act (20 U.S.C. 9161) may designate a tribal library or tribal library consortium as a library or consortium that is eligible for E-rate support, without regard to whether the library or library consortium is eligible for assistance from a State Library Administrative Agency under the Library Services and Technology Act (20 U.S.C. 9121 et seq.), if the library or library consortium is eligible for support from an Indian tribe under such section 261. ``(ii) Rule of construction.--Nothing in clause (i) shall be construed to exempt a tribal library from any requirement under the E-rate program not described in that clause, including the other requirements relating to eligible recipients under section 54.501 of title 47, Code of Federal Regulations (or any successor regulation). ``(B) Tribal anchor institution demonstration program.-- ``(i) In general.--The Commission, in consultation with the Institute of Museum and Library Services and any other agency with relevant responsibilities, shall establish a pilot program to be known as the `Tribal Anchor Institution Program', under which the Commission shall provide E-rate support to Indian tribes for qualifying anchor institutions designated by the Indian tribes. ``(ii) Eligibility.-- ``(I) In general.--To be eligible to obtain E-rate support under this subparagraph, a tribal government shall not have an existing tribal library eligible for the Schools and Libraries Universal Service Support program within the tribal community. ``(II) Requirements.--E-rate support obtained under this subparagraph shall only be available for an Indian tribe if-- ``(aa) the proposed qualifying anchor institution is exclusively owned by the Indian tribe; and ``(bb) the proposed qualifying anchor institution intends to deliver publicly available Internet access to students, teachers, librarians, and members of the community for educational purposes. ``(III) Rule of construction.-- Nothing in this clause shall be construed to provide the Commission with the authority to modify the eligibility requirements described in this clause. ``(iii) Use of contributions.--Of the amount collected for the Universal Service Fund under subsection (d), $20,000,000 shall be made available for each of the first 5 fiscal years beginning after the date of enactment of the Tribal Connect Act of 2017 to the Commission to carry out this paragraph. ``(3) Training and technical assistance for tribal schools and libraries.-- ``(A) Annual reports.--The Commission shall direct the Administrator of the Schools and Libraries Universal Service Support program to submit an annual report to the Commission regarding the actions of the Schools and Libraries Universal Service Support program to ensure that tribal schools and libraries can participate fully and effectively in the E-rate program, including-- ``(i) outreach efforts targeted to tribal schools and libraries to promote awareness of the E-rate program; ``(ii) specific E-rate training programs for tribal schools and libraries; and ``(iii) other technical assistance initiatives regarding the program's application process that are available to tribal schools and libraries. ``(B) Review of annual reports.--The Commission shall review each annual report required under subparagraph (A) to determine whether additional steps are necessary to ensure that tribal schools and libraries can participate fully and effectively in the E-rate program. ``(4) Coordination and performance measurement.--The Commission shall-- ``(A) improve the reliability of the data of the Commission relating to institutions that receive E-rate support by defining the term `tribal' on the application for E-rate support; and ``(B)(i) develop performance goals and measures to track progress on achieving the strategic objective of the Commission of ensuring that all tribal libraries have affordable access to broadband Internet access service technologies for educational purposes for students, teachers, librarians, and members of the community; and ``(ii) not later than 1 year after the date of enactment of this subsection, submit to Congress and make public a report on the goals and measures developed under clause (i).''.", "summary": "Tribal Connect Act of 2017 This bill amends the Communications Act of 1934 to expand the Schools and Libraries Universal Service Support (E-rate) program to include support for Indian tribal libraries that are eligible for support under the Library Services and Technology Act (LSTA), without regard to whether the libraries are eligible for assistance from state library administrative agencies under the LSTA. The E-rate program provides discounted telecommunications services to certain schools and libraries. The Federal Communications Commission must establish a pilot Tribal Anchor Institution Program to provide E-rate support to tribes for institutions that are not schools or libraries, such as community centers. E-rate support may be provided to institutions designated by tribes if: (1) the tribes do not have existing libraries that are eligible for E-rate support; (2) the institutions are exclusively owned by the tribes; and (3) the institutions intend to deliver publicly available Internet access to students, teachers, librarians, and community members for educational purposes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cure and Understanding through Research for Alzheimer's Act of 2008'' or the ``La Cura Act of 2008''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The incidence and prevalence of Alzheimer's disease increase with age. Alzheimer's disease is currently the seventh leading cause of death of all ages in the United States (and the fifth leading cause of death for people over 65 years of age), with 5.2 million individuals in the United States living with Alzheimer's disease. Currently, one of each eight individuals in the United States over age 65 has Alzheimer's disease. Every 71 seconds, an individual in the United States develops Alzheimer's disease, and by 2050, every 33 seconds an individual in the United States will develop this disease. By 2050, the number of individuals in the United States age 65 and over with Alzheimer's disease will range from 11 million to 16 million individuals. It is projected that by 2050, more than 60 percent of individuals in the United States with Alzheimer's disease will be age 85 or older. (2) The prevalence of Alzheimer's disease and dementia seems to be higher among individuals with fewer years of education. Individuals with fewer than 12 years of education have a 15 percent greater risk of developing dementia than individuals with 12 to 15 years of education and a 35 percent greater risk of developing dementia than individuals with more than 15 years of education. (3) Hispanics are the fastest growing population in the Nation and by 2050, will have a life expectancy of 87 years, longer than any other ethnic or racial group. The Hispanic community in the United States is projected to experience a six-fold increase in Alzheimer's disease (from fewer than 200,000 to as many as 1.3 million) by 2050. (4) Hispanics may be at a greater risk of developing dementia than other ethnic or racial groups: Hispanics' 64- percent higher incidence of diabetes than non-Hispanic white Americans is of particular concern in light of new findings that diabetes is the one vascular risk factor that, in the absence of stroke, is related to an increased risk of Alzheimer's disease. (5) Research on disparities in Alzheimer's risk factors between Hispanic and other ethnic and racial groups is only beginning to sort out complex differences: for example, even in the absence of the APOE-e4 allele, the one known genetic risk factor for late onset Alzheimer's, Caribbean Hispanics have a cumulative risk for Alzheimer's twice that of non-Hispanic whites. (6) The shortage of bilingual health professionals, combined with the large population of monolingual Spanish- speaking seniors, make adequate testing and diagnosis of Alzheimer's among elderly Hispanics difficult and may lead to cultural biases in cognitive testing. Moreover, inadequate translation of diagnostic tools can lead to improper diagnoses, and there may be poor understanding of recommended treatment and self-care even among those who are properly diagnosed. (7) Hispanics are far more likely to be uninsured than any other ethnic group: the Bureau of the Census reports that 34.1 percent of the Hispanic population in the United States is uninsured, compared to 10.8 percent for non-Hispanic whites and 15.3 percent for all United States residents. (8) Lack of access to health care and a strong cultural commitment to caring for one's elders within the family are among the factors that make Hispanics with dementia less likely than non-Hispanics to see a physician and use related services provided by formal health professionals: delays in diagnosis and lack of early and consistent treatment can lead to higher levels of impairment and increased stress on family caregivers. (9) Hispanic elders are second most likely, after Asian Americans, to live with their families rather than in long term care facilities. More research is needed to better understand the effects of differing care settings on family caregivers and Alzheimer's patients. (10) Alzheimer's disease costs the United States $148 billion each year in direct and indirect costs to business, the Medicare program, and the Medicaid program (not including private health insurance costs). SEC. 3. NIH RESEARCH AND EDUCATION ON ALZHEIMER'S DISEASE. Subpart 5 of part C of title IV of the Public Health Service Act (42 U.S.C. 285e et seq.) is amended by adding at the end the following new section: ``SEC. 445J. NIH RESEARCH AND EDUCATION ON ALZHEIMER'S DISEASE. ``(a) Research Activities.--In conducting research relating to Alzheimer's disease, the Director of the National Institutes of Health shall ensure sufficient resources for activities relating to Alzheimer's disease and Hispanic communities, including by-- ``(1) increasing efforts in epidemiological work in Hispanic subgroups; ``(2) allocating resources to the National Institute on Aging Alzheimer's disease research centers and other academic centers involved in Alzheimer's disease research to increase participation of Hispanics and other under represented ethnic groups in research and clinical trials in sufficient numbers to draw valid conclusions; and ``(3) conducting social, behavioral, and health services research-- ``(A) to understand more fully the underlying reasons that Hispanic individuals delay diagnosis and underutilize services; ``(B) to identify culturally and linguistically appropriate approaches for addressing such delays and underutilization; and ``(C) to identify approaches for providing, and improving the quality of, culturally competent care. ``(b) Education Activities.--The Director of the National Institutes of Health shall expand and intensify efforts of the National Institutes of Health-- ``(1) to educate communities about the importance of research relating to Alzheimer's disease; and ``(2) to respond effectively to cultural concerns about participation in such research, especially with respect to sensitive matters like the collection of brain tissue and genetic information.''. SEC. 4. INCREASED FUNDING FOR ALZHEIMER'S DISEASE DEMONSTRATION GRANTS. Section 398B(e) of the Public Health Service Act (42 U.S.C. 280c- 5(e)) is amended-- (1) by striking ``and such'' and inserting ``such''; and (2) by inserting before the period at the end ``, $25,000,000 for fiscal year 2009, and such sums as may be necessary for each of the fiscal years 2010 through 2013''. SEC. 5. CDC OUTREACH AND EDUCATION. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following: ``SEC. 317T. EDUCATION AND OUTREACH ON ALZHEIMER'S DISEASE. ``(a) Purposes.--The purposes of this section are the following: ``(1) To reduce the risk of Alzheimer's disease through reduction of vascular risk factors. ``(2) To encourage early recognition and diagnosis of dementia. ``(3) To train public health personnel to recognize, assess, diagnose, and treat Alzheimer's disease in ways that are culturally appropriate and supportive of families. ``(b) Education and Outreach.--To achieve the purposes of this section, the Secretary, acting through the Centers for Disease Control and Prevention, shall conduct an aggressive, evidence-based education and outreach program to promote public awareness and risk reduction with respect to Alzheimer's disease. In conducting the outreach program, the Secretary shall consult with State Health Departments and may consult with other appropriate entities, including the Alzheimer's Association. ``(c) Emphasis.--In carrying out this section, the Secretary shall give particular emphasis to education and outreach in Hispanic populations.''.", "summary": "Cure and Understanding through Research for Alzheimer's Act of 2008 or La Cura Act of 2008 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to ensure sufficient resources for activities relating to Alzheimer's disease and Hispanic communities, including by: (1) increasing efforts in epidemiological work in Hispanic subgroups; (2) allocating resources to the National Institute on Aging Alzheimer's disease research centers and other academic centers involved in such research to increase participation of Hispanics and other underrepresented ethnic groups in research and clinical trials in sufficient numbers to draw valid conclusions; and (3) conducting social, behavioral, and health services research to understand the underlying reasons why Hispanic individuals delay diagnosis and underutilize services, to identify culturally and linguistically appropriate approaches to address such delays and underutilization, and to identify approaches for providing, and improving the quality of, culturally competent care. Requires the Director to expand and intensify NIH efforts to educate communities about the importance of research relating to Alzheimer's disease and to respond effectively to cultural concerns about participation in such research. Authorizes appropriations for a program of grants to states to carry out demonstration programs related to Alzheimer's disease. Requires the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention (CDC), to conduct an aggressive, evidence-based education and outreach program to promote public awareness and risk reduction with respect to Alzheimer's disease, particularly to Hispanic populations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Consumer Protection Act of 1995''. SEC. 2. NOTIFICATION OF COVERAGE PROVIDED BY THE INSURER. (a) Notification to Current Enrollees.--An insurer providing health insurance coverage under a health plan shall provide annual notice to each current enrollee under such plan regarding the extent of the coverage of the plan. Such notice shall be in writing and shall include a copy of the contract between the insurer and enrollee, in addition to information regarding the terms and conditions of the policy and the rights and obligations of the parties including-- (1) covered and excluded services, equipment, and devices; (2) copayments, deductibles, and premiums; (3) enrollee satisfaction statistics; (4) financial responsibility of the enrollee; (5) utilization review requirements; (6) a list of the usual, customary, and reasonable costs for procedures, tests, and examinations; (7) physician credentialing standards; and (8) the percentage of total annual premiums used to reimburse practitioners for health care provided to enrollees and the percentage used for administration and other costs incurred in administering the plan. (b) Notification to Potential Enrollees.--An insurer providing health insurance coverage under a health plan shall, upon request, provide notice to each potential enrollee under such plan regarding the extent of the coverage of the plan. Such notice shall be in writing and shall include a copy of the potential contract between the insurer and potential enrollee, in addition to information regarding the terms and conditions of the policy and the rights and obligations of the parties information including the items listed in paragraphs (1) through (8) of subsection (a). (c) Regulations for Failure To Provide Notification.--The Secretary of Health and Human Services shall promulgate regulations to ensure that an insurer providing health insurance coverage under a health plan provide notification to current and potential enrollees as described in subsections (a) and (b). SEC. 3. DETERMINATION OF MEDICALLY NECESSARY AND APPROPRIATE TREATMENT. (a) In General.--Under a health plan, the determination of what is medically necessary and appropriate for the health of a patient may be made only by a health care practitioner who is-- (1) licensed and practicing within the scope of the State practice act of the State in which the practitioner practices; and (2) directly involved in the care of such patient. (b) Insurance Coverage.--An insurer must pay for a service determined, as described in subsection (a), to be medically necessary and appropriate if the service is covered by the health plan. (c) Regulations To Deter Rewards, Penalties or Inducements.--The Secretary of Health and Human Services shall promulgate regulations to ensure that an insurer not offer monetary rewards, penalties, or inducements to a licensed health care practitioner, or condition the continued participation of a licensed health care practitioner in a plan on the basis of the health care practitioner's decisions to limit the availability of appropriate medical tests, services, or treatments. SEC. 4. ENFORCEMENT AND PENALTIES. (a) Penalties.-- Any entity that offers a health plan that violates the provisions of this Act shall be subject to a civil money penalty in an amount to be determined by the Secretary of Health and Human Services. (b) Process.--The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) (other than subsections (a) and (b)) shall apply to civil money penalties under this section in the same manner as they apply to a penalty or proceeding under section 1128A(a) of such Act. SEC. 5. PROHIBITION OF HOLD HARMLESS PROVISIONS. An insurer may not include provisions in a health plan to hold itself harmless for any liability. SEC. 6. PREEMPTION. A State may not establish or enforce standards for insurers or health insurance coverage with respect to the subject matter of this Act that are weaker than the standards established under this Act. SEC. 7. DEFINITIONS.-- For purposes of this Act: (1) Insurer.--The term ``insurer'' means an insurance company, insurance service, or insurance organization licensed to engage in the business of insurance in a State, and a health maintenance organization. (2) Health care practitioner.--The term ``health care practitioner'' has the meaning provided by section 11151 of title 42, United States Code. (3) Health insurance coverage.--The term ``health insurance coverage'' means any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by an insurer. (4) Health plan.--The term ``health plan'' means a plan that provides health insurance coverage. (5) State.--The term ``State'' means any State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and Guam. SEC. 8. EFFECTIVE DATE. The provisions of this Act shall apply to all health plans offered, sold, issued, or renewed after the date of the enactment of this Act.", "summary": "Health Care Consumer Protection Act of 1995 - Requires health insurers to provide notice regarding the extent of plan coverage to enrollees annually and to potential enrollees on request. Requires that, under a health plan, the determination of what is medically necessary and appropriate for a patient be made only by a health care practitioner directly involved in the patient's care. Requires an insurer to pay for a service that is so determined if the service is covered by the plan. Mandates regulations to ensure against insurers offering monetary rewards, penalties, or inducements to a practitioner, or conditioning continued practitioner participation in the plan, on the basis of the practitioner's decisions to limit the availability of appropriate tests, services, or treatments. Imposes a civil monetary penalty for violations of this Act. Prohibits insurers from including provisions in a plan to hold itself harmless for liability. Prohibits States from establishing or enforcing standards weaker than those of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Faith-Based Drug Treatment Enhancement Act''. SEC. 2. PREVENTION AND TREATMENT OF SUBSTANCE ABUSE; SERVICES PROVIDED THROUGH RELIGIOUS ORGANIZATIONS. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following: ``Part G--Services Provided Through Religious Organizations ``SEC. 581. APPLICABILITY TO DESIGNATED PROGRAMS. ``(a) Designated Programs.--Subject to subsection (b), this part applies to each program under this Act that makes awards of Federal financial assistance to public or private entities for the purpose of carrying out activities to prevent or treat substance abuse (in this part referred to as a `designated program'). Designated programs include the program under subpart II of part B of title XIX (relating to formula grants to the States). ``(b) Limitation.--This part does not apply to any award of Federal financial assistance under a designated program for a purpose other than the purpose specified in subsection (a). ``(c) Definitions.--For purposes of this part (and subject to subsection (b)): ``(1) Designated award recipient.--The term `designated award recipient' means a public or private entity that has received an award under a designated program (whether the award is a designated direct award or a designated subaward). ``(2) Designated direct award.--The term `designated direct award' means an award under a designated program that is received directly from the Federal Government. ``(3) Designated subaward.--The term `designated subaward' means an award of financial assistance made by a non-Federal entity, which award consists in whole or in part of Federal financial assistance provided through an award under a designated program. ``(4) Designated program.--The term `designated program' has the meaning given such term in subsection (a). ``(5) Financial assistance.--The term `financial assistance' means a grant, cooperative agreement, contract, or voucherized assistance. ``(6) Program beneficiary.--The term `program beneficiary' means an individual who receives program services. ``(7) Program participant.--The term `program participant' has the meaning given such term in section 582(a)(2). ``(8) Program services.--The term `program services' means treatment for substance abuse, or preventive services regarding such abuse, provided pursuant to an award under a designated program. ``(9) Religious organization.--The term `religious organization' means a nonprofit religious organization. ``(10) Voucherized assistance.--The term `voucherized assistance' means-- ``(A) a system of selecting and reimbursing program services in which-- ``(i) the beneficiary is given a document or other authorization that may be used to pay for program services; ``(ii) the beneficiary chooses the organization that will provide services to him or her according to rules specified by the designated award recipient; and ``(iii) the organization selected by the beneficiary is reimbursed by the designated award recipient for program services provided; or ``(B) any other mode of financial assistance to pay for program services in which the program beneficiary determines the allocation of program funds through his or her selection of one service provider from among alternatives. ``SEC. 582. RELIGIOUS ORGANIZATIONS AS PROGRAM PARTICIPANTS. ``(a) In General.-- ``(1) Scope of authority.--Notwithstanding any other provision of law, a religious organization-- ``(A) may be a designated award recipient; ``(B) may make designated subawards to other public or nonprofit private entities (including other religious organizations); ``(C) may provide for the provision of program services to program beneficiaries through the use of voucherized assistance; and ``(D) may be a provider of services under a designated program, including a provider that accepts voucherized assistance. ``(2) Definition of program participant.--For purposes of this part, the term `program participant' means a public or private entity that has received a designated direct award, or a designated subaward, regardless of whether the entity provides program services. Such term includes an entity whose only participation in a designated program is to provide program services pursuant to the acceptance of voucherized assistance. ``(b) Religious Organizations.--The purpose of this section is to allow religious organizations to be program participants on the same basis as any other nonprofit private provider without impairing the religious character of such organizations, and without diminishing the religious freedom of program beneficiaries. ``(c) Nondiscrimination Against Religious Organizations.-- ``(1) Findings.--The Congress finds that the establishment clause of the first amendment to the Constitution of the United States does not require that-- ``(A) social-welfare programs discriminate against faith-based providers of services; or ``(B) faith-based providers of services, as a prerequisite to participation in Federal programs, abandon their religious character and censor their religious expression. ``(2) Nondiscrimination.--Religious organizations are eligible to be program participants on the same basis as any other nonprofit private organization. Neither the Federal Government nor a State receiving funds under such programs shall discriminate against an organization that is or applies to be a program participant on the basis that the organization has a religious character. ``(d) Religious Character and Freedom.-- ``(1) Religious organizations.--Except as provided in this section, any religious organization that is a program participant shall retain its independence from Federal, State, and local government, including such organization's control over the definition, development, practice, and expression of its religious beliefs. ``(2) Additional safeguards.--Neither the Federal Government nor a State shall require a religious organization to-- ``(A) alter its form of internal governance; or ``(B) remove religious art, icons, scripture, or other symbols; in order to be a program participant. ``(e) Nondiscrimination in Employment.-- ``(1) In general.--Except as provided in paragraph (2), nothing in this section shall be construed to modify or affect the provisions of any other Federal or State law or regulation that relates to discrimination in employment on the basis of religion. ``(2) Exception.--A religious organization that is a program participant may require that an employee rendering program services adhere to-- ``(A) the religious beliefs and practices of such organization; and ``(B) any rules of the organization regarding the use of drugs or alcohol. ``(f) Rights of Program Beneficiaries.-- ``(1) Objections regarding religious organizations.--With respect to an individual who is a program beneficiary or a prospective program beneficiary, if the individual objects to a program participant on the basis that the participant is a religious organization, the following applies: ``(A) If the organization received a designated direct award, the organization shall arrange for the individual to receive program services through an alternative entity. ``(B) If the organization received a designated subaward, the non-Federal entity that made the subaward shall arrange for the individual to receive the program services through an alternative program participant. ``(C) If the organization is providing services pursuant to voucherized assistance, the designated award recipient that operates the voucherized assistance program shall arrange for the individual to receive the program services through an alternative provider. ``(D) Arrangements under any of subparagraphs (A) through (C) with an alternative entity shall provide for program services the monetary value of which is not less than the monetary value of the program services that the individual would have received from the religious organization involved. ``(2) Nondiscrimination.-- ``(A) In general.--Except as provided in subparagraph (B) or as otherwise provided in law, a religious organization that is a program participant shall not in providing program services discriminate against a program beneficiary on the basis of religion or religious belief. ``(B) Limitation.--A religious organization that is a program participant may require a program beneficiary who has elected in accordance with paragraph (1) to receive program services from such organization-- ``(i) to actively participate in religious practice, worship, and instruction; and ``(ii) to follow rules of behavior devised by the organizations that are religious in content or origin. ``(g) Fiscal Accountability.-- ``(1) In general.--Except as provided in paragraph (2), any religious organization that is a program participant shall be subject to the same regulations as other recipients of awards of Federal financial assistance to account, in accordance with generally accepted auditing principles, for the use of the funds provided under such awards. ``(2) Limited audit.--With respect to the award involved, if a religious organization that is a program participant maintains the Federal funds in a separate account from non- Federal funds, then only the Federal funds shall be subject to audit. ``(h) Compliance.--With respect to compliance with this section by an agency, a religious organization may obtain judicial review of agency action in accordance with chapter 7 of title 5, United States Code. ``SEC. 583. LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES. ``(a) In General.--Except as provided in subsection (b), no funds provided directly to an entity under a designated program shall be expended for sectarian worship or instruction. ``(b) Exception.--Subsection (a) shall not apply to assistance provided to or on behalf of a program beneficiary if the beneficiary may choose where such assistance is redeemed or allocated. ``SEC. 584. ADMINISTRATION OF PROGRAM AND TREATMENT OF FUNDS. ``(a) Funds Not Aid to Institutions.--Financial assistance under a designated program provided to or on behalf of program beneficiaries is aid to the beneficiary, not to the organization providing program services. The receipt by a program beneficiary of program services at the facilities of the organization shall not constitute Federal financial assistance to the organization involved. ``(b) Prohibition on State Discrimination in Use of Funds.--No provision in any State constitution or State law shall be construed to prohibit the expenditure of Federal funds under a designated program in a religious facility or by a religious organization that is a program participant. If a State law or constitution would prevent the expenditure of State or local public funds in such a facility or by such an organization, then the State or local government shall segregate the Federal funds from State or other public funds for purposes of carrying out the designated program. ``SEC. 585. EDUCATIONAL REQUIREMENTS FOR PERSONNEL IN DRUG TREATMENT PROGRAMS. ``(a) Findings.--The Congress finds that-- ``(1) establishing formal educational qualification for counselors and other personnel in drug treatment programs may undermine the effectiveness of such programs; and ``(2) such formal educational requirements for counselors and other personnel may hinder or prevent the provision of needed drug treatment services. ``(b) Limitation on Educational Requirements of Personnel.-- ``(1) Treatment of religious education.--If any State or local government that is a program participant imposes formal educational qualifications on providers of program services, including religious organizations, such State or local government shall treat religious education and training of personnel as having a critical and positive role in the delivery of program services. In applying educational qualifications for personnel in religious organizations, such State or local government shall give credit for religious education and training equivalent to credit given for secular course work in drug treatment or any other secular subject that is of similar grade level and duration. ``(2) Restriction of discrimination requirements.-- ``(A) In general.--Subject to paragraph (1), a State or local government that is a program participant may establish formal educational qualifications for personnel in organizations providing program services that contribute to success in reducing drug use among program beneficiaries. ``(B) Exception.--The Secretary shall waive the application of any educational qualification imposed under subparagraph (A) for an individual religious organization, if the Secretary determines that-- ``(i) the religious organization has a record of prior successful drug treatment for at least the preceding 3 years; ``(ii) the educational qualifications have effectively barred such religious organization from becoming a program provider; ``(iii) the organization has applied to the Secretary to waive the qualifications; and ``(iv) the State or local government has failed to demonstrate empirically that the educational qualifications in question are necessary to the successful operation of a drug treatment program.''.", "summary": "Faith-Based Drug Treatment Enhancement Act - Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Reform Act of 2010'' or the ``Not Too Small to Succeed in Business Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Small businesses are a vital part of the economy of the United States. (2) The 26,800,000 small businesses in the United States account for more than 99.7 percent of all employer firms. (3) Small businesses employ just over half of all private sector employees. (4) Four million one-hundred thousand small businesses owned by individuals who are members of economically disadvantaged groups generate approximately $694,000,000,000 in revenues and employ approximately 4,800,000 individuals each year. (5) Small businesses need help to remain competitive in the global economy, particularly during difficult economic times. (6) Economically disadvantaged-owned businesses receive less than 7 percent of venture capital. (7) Seventy percent of small businesses survive at least 2 years, but less than half survive 5 years. (8) The Small Business Administration was established in 1953 by the Federal Government to aid, counsel, assist, and protect the interests of small business concerns, to preserve free competitive enterprise, and to maintain and strengthen the overall economy of the United States. (9) The Small Business Administration assists firms owned and controlled by economically disadvantaged individuals to enter the economic mainstream by providing firm-specific analysis, counseling, management training, professional consulting and monitoring services, and access to business development opportunities under section 8(a) of the Small Business Act. (10) Although the program under section 8(a) is well intended, the problems of the program are well known. (11) The program under section 8(a) has a record of graduating companies that are not sufficiently prepared to compete for contracts with large and established companies in the private sector, resulting in a large number of former participants in the program failing to remain in business shortly after leaving the program. (12) The problem of graduating companies from the program under section 8(a) that are not sufficiently prepared to compete for contracts with large and established companies in the private sector is caused by the reliance of the Small Business Administration on outdated measures of adjusted gross income and net worth in determining whether a company participating in the program continues to be economically disadvantaged. (13) Reliance by the Small Business Administration on measures that do not reflect contemporary conditions has had, and will continue to have, the unintended consequence of keeping small businesses too small to succeed, which is as undesirable as protecting companies that are too big to fail. SEC. 3. IMPROVEMENT OF PROGRAM UNDER SECTION 8(A) OF THE SMALL BUSINESS ACT. (a) Period of Eligibility.-- (1) Extension.--Section 7(j)(15) of the Small Business Act (15 U.S.C. 636(j)(15)) is amended-- (A) in the matter preceding subparagraph (A) by striking ``nine years'' and inserting ``11 years''; and (B) in subparagraph (B) by striking ``five years'' and inserting ``7 years''. (2) Completed periods.--A small business concern that completed a 9-year period of participation in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) prior to the date of enactment of this Act and that is otherwise eligible to participate in such program except for having completed such 9-year period, and current net worth exceeds $750,000 but still less than $2,250,000, may participate in such program during the 2-year period beginning on the date of enactment of this Act. (b) Net Worth and Income Limitations.-- (1) Increase.--Section 8(a)(6)(A) of the Small Business Act (15 U.S.C. 637(a)(6)(A)) is amended by inserting after ``disadvantaged individual.'' the following: ``For purposes of eligibility for admission as a Program Participant the net worth of such individual may be any amount not exceeding $750,000 and for purposes of continued eligibility after admission the net worth of such individual may be any amount not exceeding $2,250,000. For purposes of eligibility for admission as a Program Participant and continued eligibility after admission, the modified adjusted gross income (as such term is defined in section 25A(d)(3) of the Internal Revenue Code of 1986) of such individual for an applicable taxable year may be any amount not exceeding $500,000.''. (2) Completed periods of participation.--If the Administrator of the Small Business Administration graduated a small business concern from the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) prior to the date of enactment of this Act as a result of a determination that such concern did not meet standards relating to economic disadvantage and such concern meets requirements under such section as amended by this Act, such concern may participate in such program for a period-- (A) of 11 years less the period of time such concern previously participated in such program; and (B) beginning on the date of enactment of this Act.", "summary": "Small Business Reform Act of 2010 or Not Too Small to Succeed in Business Act of 2010 - Amends the Small Business Act to extend from: (1) 9 to 11 years the period that a small business may receive developmental assistance under the Minority Small Business and Capital Ownership Development Program (Program); and (2) five to seven years the period that such a small business may spend in the Program's transitional stage. Allows small businesses that previously completed the 9-year period, above, and whose current net worth exceeds $750,000 but is less than $2.25 million to participate for an additional two years. Sets net worth limits for individual Program participants at: (1) $750,000, for Program admission; (2) $2.25 million, for continued Program participation after admission; and (3) $500,000 adjusted gross income, for Program admission and continued eligibility. Provides that, if the Administrator of the Small Business Administration (SBA) graduated a small business from the Program prior to the date of enactment of this Act on the basis that the small business did not meet standards relating to economic disadvantage and the small business now meets such standards, the small business may participate in the Program for 11 years less any period of previous participation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Education and Training Act of 1994''. SEC. 2. FLIGHT TRAINING. (a) Active Duty Program.--Section 3034(d) of title 38, United States Code, is amended-- (1) by striking out paragraph (2); (2) by striking out ``(d)(1)'' and inserting in lieu thereof ``(d)''; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. (b) Post-Vietnam Era.--Section 3241(b) of such title is amended-- (1) by striking out paragraph (2); (2) by striking out ``(b)(1)'' and inserting in lieu thereof ``(b)''; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. (c) Reserve Program.--Section 2136(c) of title 10, United States Code, is amended-- (1) by striking out paragraph (2); (2) by striking out ``(c)(1)'' and inserting in lieu thereof ``(c)''; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. SEC. 3. TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES. (a) Rehabilitation Resources.--Section 3115 of title 38, United States Code, is amended-- (1) in subsection (a)(1), by striking ``assistance,'' and inserting in lieu thereof ``assistance or any federally recognized Indian tribe,''; (2) in subsection (a)(4), by inserting ``any federally recognized Indian tribe,'' after ``contributions,''; and (3) by adding at the end the following: ``(c) As used in this section, the term `federally recognized Indian tribe' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.''. (b) Allowances.--Section 3108(c)(2) of such title is amended by inserting ``or federally recognized Indian tribe'' after ``local government agency''. (c) Technical Correction.--(1) Section 404(b) of the Veterans' Benefits Act of 1992 (106 Stat. 4338) is amended by striking out the period at the end thereof and inserting in lieu thereof ``, but shall not apply to veterans and other persons who originally applied for assistance under chapter 31 of title 38, United States Code, before November 1, 1990.''. (2) The amendment made by paragraph (1) shall take effect as of October 29, 1992. SEC. 4. ALTERNATIVE TEACHER CERTIFICATION PROGRAMS. (a) In General.--Section 3452(c) of title 38, United States Code, is amended by adding at the end the following: ``For the period ending on September 30, 1996, such term includes entities that provide training required for completion of any State-approved alternative teacher certification program (as determined by the Secretary).''. (b) Clarifying Amendment.--Section 3002 of title 38, United States Code, is amended by adding at the end thereof the following: ``(8) The term `educational institution' has the meaning given such term in section 3452(c) of this title.''. (c) Effective Date.--The amendments made by this section shall be effective on the date of enactment of this Act. SEC. 5. EDUCATION OUTSIDE THE UNITED STATES. (a) In General.--The first sentence of section 3476 of title 38, United States Code, is amended to read as follows: ``An eligible veteran may not enroll in any course offered by an educational institution not located in a State unless that educational institution is an approved institution of higher learning and the course is approved by the Secretary.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to courses approved on or after the date of the enactment of this Act. SEC. 6. CORRESPONDENCE COURSES. (a) Approval of Programs of Education.--(1) Section 3672 of title 38, United States Code, is amended by adding at the end the following: ``(e) A program of education exclusively by correspondence, and the correspondence portion of a combination correspondence-residence course leading to a vocational objective, that is offered by an educational institution (as defined in section 3452(c) of this title) may be approved only if (1) the educational institution is accredited by an agency recognized by the Secretary of Education, and (2) at least 50 percent of those pursuing such a program or course require six months or more to complete the program or course.''. (2)(A) Section 3675(a)(2)(B) of such title is amended by striking out ``A State'' and inserting in lieu thereof ``Except as provided in section 3672(e), a State''. (B) Section 3680(a) of such title is amended-- (i) by striking out ``; or'' at the end of paragraph (3) and inserting in lieu thereof a period; and (ii) by striking out paragraph (4). (C) Section 3686(c) of such title is amended by striking out ``(other than one subject to the provisions of section 3676 of this title)''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to programs of education exclusively by correspondence and to correspondence-residence courses commencing after 90 days after the date of the enactment of this Act. SEC. 7. STATE APPROVING AGENCIES. (a) Reimbursement.--(1) Section 3674(a)(4) of title 38, United States Code, is amended by striking out ``$12,000,000'' each place it appears and inserting in lieu thereof ``$13,000,000''. (2) The amendment made by subsection (a) shall apply with respect to services provided under such section after September 30, 1994. (b) Elimination of Report to Congress Requirement.--Section 3674(a)(3) of such title is amended-- (1) by striking out subparagraph (B); and (2) by striking out ``(3)(A)'' and inserting in lieu thereof ``(3)''. (c) Evaluation of Agency Performance.--Section 3674A(a) of such title is amended by striking out paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. SEC. 8. MEASUREMENT OF COURSES. Section 3688(b) of title 38, United States Code, is amended-- (1) by striking out ``this chapter or'' and inserting in lieu thereof ``this chapter,''; and (2) by inserting before the period at the end thereof the following: ``, or chapter 106 of title 10''. SEC. 9. VETERANS' ADVISORY COMMITTEE ON EDUCATION. Section 3692 of title 38, United States Code, is amended-- (1) in subsections (a) and (b)-- (A) by striking out ``34,'' both places it appears; and (B) by striking out ``title.'' and inserting in lieu thereof ``title and chapter 106 of title 10.'' both places it appears; and (2) in subsection (c), by striking out ``1994'' and inserting in lieu thereof ``2003''. SEC. 10. CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING. (a) Payment Limitation.--Section 3697(b) of title 38, United States Code, is amended by striking out ``$5,000,000'' and inserting in lieu thereof ``$6,000,000''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1994. SEC. 11. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING ACT OF 1992. (a) Period of Training.--(1) Section 4485(d) of the Service Members Occupational Conversion and Training Act of 1992 (106 Stat. 2759; 10 U.S.C. 1143 note) is amended by striking out ``or more than 18 months''. (2)(A) Section 4486(d)(2) of such Act (102 Stat. 2760; 10 U.S.C. 1143 note) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ``in the community for the entire period of training of the eligible person.''. (B) The amendment made by subparagraph (A) shall apply with respect to programs of training under the Service Members Occupational Conversion and Training Act of 1992 beginning after the date of enactment of this Act. (b) Payments.--Section 4487 of such Act (106 Stat. 2762; 10 U.S.C. 1143 note) is amended-- (1) in subsection (a)(1)-- (A) by striking out ``subparagraph (B)'' in subparagraph (A) and inserting in lieu thereof ``subparagraphs (B) and (C)''; (B) by inserting before the period at the end of subparagraph (A) the following: ``but in no event to exceed 18 months (or the equivalent training hours)''; and (C) by adding at the end thereof the following new subparagraph: ``(C) Assistance may be paid under this subtitle on behalf of an eligible person to that person's employer for training under two or more programs of job training under this subtitle if such employer has not received (or is not due) on that person's behalf assistance in an amount aggregating the applicable amount set forth in subparagraph (B).''; and (2) in subsection (b)(3), by inserting before the period at the end thereof ``, or upon the completion of the 18th month of training under the last training program approved for the person's pursuit with that employer under this subtitle, whichever is earlier''. (c) Entry Into Program of Job Training.--Section 4488(a) of such Act (106 Stat. 2764; 10 U.S.C. 1143 note) is amended by striking out the third sentence thereof and inserting in lieu thereof ``The eligible person may begin such program of job training with the employer on the day that notice is transmitted to such official by means prescribed by such official. However, assistance under this subtitle may not be provided to the employer if such official, within two weeks after the date on which such notice is transmitted, disapproves the eligible person's entry into that program of job training in accordance with this section.''. Passed the House of Representatives August 1, 1994. Attest: DONNALD K. ANDERSON, Clerk.", "summary": "Veterans' Education and Training Act of 1994 - Provides for the continued use (currently terminates at the end of FY 1994) of veterans' basic educational assistance for approved flight training for regular veterans, post-Vietnam era veterans, and members of the reserves. (Sec. 3) Authorizes the Secretary of Veterans Affairs to use the facilities of any federally recognized Indian tribe in providing training or work experience for veterans with service-connected disabilities. Allows for the payment of a subsistence allowance to veterans performing training or work on the facilities of such an Indian tribe. (Sec. 4) Includes within the definition of \"educational institution\" for purposes of the provision of educational assistance to veterans, until September 31, 1996, entities that provide training required for the completion of any State-approved alternative teacher certification program. (Sec. 5) Prohibits a veteran eligible for educational assistance from enrolling in any course at an institution outside the United States unless the institution is an approved institution of higher learning and the course is approved by the Secretary. (Sec. 6) Provides for the conditional approval of correspondence courses as courses for which veterans' educational assistance may be provided. (Sec. 7) Increases from $12 million to $13 million the annual limit on the amount authorized to be provided to State and local educational agencies for furnishing courses of education to veterans under the educational assistance program. Removes an educational agency reporting requirement with respect to the provision of such services. (Sec. 9) Continues the Veterans' Advisory Committee on Education through December 31, 2003. (Sec. 10) Increases from $5 million to $6 million the annual funding ceiling for veterans' educational and vocational counseling services obtained by the Department of Veterans Affairs. (Sec. 11) Amends the Service Members Occupational Conversion and Training Act of 1992 to: (1) repeal the 18-month limit on training under such Act for employment in stable and permanent positions; (2) revise certain certification requirements under such training program; (3) allow assistance to be paid on behalf of eligible persons for training under two or more training programs if the per-person annual training limit is not exceeded; and (4) allow a person to enter into a job training program on the day that official employer notification is given (currently, the person must wait two weeks after such notification)."}
{"article": "SECTION 1. MODIFICATIONS TO RULES FOR FRACTIONAL GIFTS. (a) Income Tax.-- (1) Additional requirements for deduction.--Paragraph (1) of section 170(o) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Denial of deduction in certain cases.-- ``(A) In general.--No deduction shall be allowed for a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property unless-- ``(i) all interests in the property are held immediately before such contribution by-- ``(I) the taxpayer, or ``(II) the taxpayer and the donee, ``(ii) in the case of an initial fractional contribution, such contribution is an undivided portion of not less than 10 percent of all interests in the property, ``(iii) in the case of an initial fractional contribution, the contribution is made pursuant to a written binding contract which requires the donor-- ``(I) to contribute not less than 20 percent of all interests in the property on or before the date that is 11 years after the date of the initial fractional contribution, and ``(II) to contribute all of the interests in such property to the donee (or if such donee is no longer in existence, to any person described in subsection (c)) on or before the earlier of the date of the death of the donor or the date which is 20 years after the date of the initial fractional contribution, and ``(iv) if the value of the tangible personal property with respect to which the undivided portion of the taxpayer's entire interest relates is greater than $1,000,000 (or such greater amount as determined by the Secretary), the taxpayer attaches to the return for the taxable year in which such contribution is made a statement of value obtained from the Internal Revenue Service. ``(B) Exceptions.--The Secretary may, by regulation, provide for exceptions to subparagraph (A)(i) in cases where all persons who hold an interest in the property make proportional contributions of an undivided portion of the entire interest held by such persons. Such regulations may modify the requirements of clauses (ii) and (iii) of subparagraph (A) to the extent necessary to carry out the purposes of this subparagraph.''. (2) Valuation of subsequent gifts.--Paragraph (2) of section 170(o) of such Code is amended to read as follows: ``(2) Valuation of subsequent gifts.--In the case of any additional contribution, the fair market value of such contribution shall be determined by multiplying-- ``(A) the fair market value of all of the donor's interest in the property immediately before the additional contribution, and ``(B) the interest in the property (expressed as a percentage) contributed in such additional contribution.''. (3) Recapture of deduction.--Paragraph (3) of section 170(o) of such Code is amended-- (A) by redesignating subparagraph (B) as subparagraph (C), and (B) by striking subparagraph (A) and inserting the following: ``(A) Recapture.--The Secretary shall provide for the recapture of the amount of any deduction allowed under this section (plus interest) with respect to any contribution of an undivided portion of a taxpayer's entire interest in tangible personal property-- ``(i) in any case in which the donor fails to meet the requirements described in paragraph (1)(A)(iii), and ``(ii) in any case where such property is not in the physical possession of the donee and used in a use which is related to a purpose or function constituting the basis for the donee organization's exemption under section 501 during any applicable period for a period of time which bears substantially the same ratio to 5 years as-- ``(I) the percentage of the undivided interest of the donee in the property (determined on the day after such contribution was made), bears to ``(II) 100 percent. ``(B) Applicable period.--For purposes of subparagraph (A), the applicable period means-- ``(i) the 5-year period beginning on the date of the later of the initial fractional contribution, and ``(ii) each subsequent 5-year period occurring during the 20-year period described in paragraph (1)(A)(iii)(II).''. (b) Estate Tax.--Paragraph (1) of section 2055(g) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Valuation of subsequent gifts.--In the case of any additional contribution, the fair market value of such contribution shall be determined by multiplying-- ``(A) the fair market value of all of the donor's interest in the property immediately before the additional contribution, and ``(B) the interest in the property (expressed as a percentage) contributed in such additional contribution.''. (c) Gift Tax.-- (1) Additional requirements for deduction.--Paragraph (1) of section 2522(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Denial of deduction in certain cases.-- ``(A) In general.--No deduction shall be allowed for a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property unless-- ``(i) all interests in the property are held immediately before such contribution by-- ``(I) the taxpayer, or ``(II) the taxpayer and the donee, ``(ii) in the case of an initial fractional contribution, such contribution is an undivided portion of not less than 10 percent of all interests in the property, ``(iii) in the case of an initial fractional contribution, the contribution is made pursuant to a written binding contract which requires the donor-- ``(I) to contribute not less than 20 percent of all interests in the property on or before the date that is 11 years after the date of the initial fractional contribution, and ``(II) to contribute all of the interests in such property to the donee (or if such donee is no longer in existence, to any person described in section 170(c)) on or before the earlier of the date of the death of the donor or the date which is 20 years after the date of the initial fractional contribution, and ``(iv) if the value of the tangible personal property with respect to which the undivided portion of the taxpayer's entire interest relates is greater than $1,000,000 (or such greater amount as determined by the Secretary), the taxpayer attaches to the return for the taxable year in which such contribution is made a statement of value obtained from the Internal Revenue Service. ``(B) Exceptions.--The Secretary may, by regulation, provide for exceptions to subparagraph (A)(i) in cases where all persons who hold an interest in the property make proportional contributions of an undivided portion of the entire interest held by such persons. Such regulations may modify the requirements of clauses (ii) and (iii) of subparagraph (A) to the extent necessary to carry out the purposes of this subparagraph.''. (2) Valuation of subsequent gifts.--Paragraph (2) of section 2522(e) of such Code is amended to read as follows: ``(2) Valuation of subsequent gifts.--In the case of any additional contribution, the fair market value of such contribution shall be determined by multiplying-- ``(A) the fair market value of all of the donor's interest in the property immediately before the additional contribution, and ``(B) the interest in the property (expressed as a percentage) contributed in such additional contribution.''. (3) Recapture of deduction.--Paragraph (3) of section 2522(e) of such Code is amended-- (A) by redesignating subparagraph (B) as subparagraph (C), and (B) by striking subparagraph (A) and inserting the following: ``(A) Recapture.--The Secretary shall provide for the recapture of the amount of any deduction allowed under this section (plus interest) with respect to any contribution of an undivided portion of a taxpayer's entire interest in tangible personal property-- ``(i) in any case in which the donor fails to meet the requirements described in paragraph (1)(A)(iii), and ``(ii) in any case where such property is not in the physical possession of the donee and used in a use which is related to a purpose or function constituting the basis for the donee organization's exemption under section 501 during any applicable period for a period of time which bears substantially the same ratio to 5 years as-- ``(I) the percentage of the undivided interest of the donee in the property (determined on the day after such contribution was made), bears to ``(II) 100 percent. ``(B) Applicable period.--For purposes of subparagraph (A), the applicable period means-- ``(i) the 5-year period beginning on the date of the later of the initial fractional contribution, and ``(ii) each subsequent 5-year period occurring during the 20-year period described in paragraph (1)(A)(iii)(II).''. (d) Return Requirement.--Section 6033 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Additional Provisions Relating to Organizations Described in Section 170(c).--Every organization described in section 170(c) shall, on any return required under subsection (a), list each charitable contribution received by the organization during the period covered by the return which represents a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property and provide such other information with respect to such contribution as required by the Secretary.''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to contributions, bequests, and gifts made after the date of the enactment of this Act. (2) Return requirement.--The amendments made by subsection (d) shall apply to returns for taxable years ending after the date of the enactment of this Act. (f) Transition Rule.--In the case of any additional contribution (as defined in section 170(o)(4) of the Internal Revenue Code of 1986) with respect to an initial fractional contribution (as defined in such section) made after August 17, 2006, and before the date of the enactment of this Act-- (1) except for purposes of determining the fair market value of such contribution under sections 170(o)(2), 2055(g)(1), and 2522(e)(2) of the Internal Revenue Code of 1986 (as such sections were amended by this Act), such contribution shall be treated as an initial fractional contribution (as so defined) subject to the amendments made by this section, and (2) sections 170(o)(3)(A)(i) and 2522(e)(3)(A)(i) of such Code (as in effect before the date of the enactment of this Act) shall not apply with respect to any prior contribution of an undivided portion of the taxpayer's interest in the property.", "summary": "Amends Internal Revenue Code provisions relating to the tax deduction for donations of fractional interests in tangible personal property to: (1) permit donors to claim an increased deduction based upon the market value of subsequent gifts of fractional interests, (2) extend to 20 years the period in which donors of fractional interests must contribute their entire interest in donated property, and (3) require donors of fractional interests greater than $1 million to attach a statement of value obtained from the Internal Revenue Service (IRS) to their tax returns."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeownership Vesting Plan Act of 2009''. SEC. 2. HOMEOWNERSHIP VESTING PLAN. Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is amended-- (1) by redesignating section 257, as added by section 2124(a) of the Housing and Economic Relief Act of 2008 (12 U.S.C. 1715z-24), as section 258; and (2) by adding after section 258, as so redesignated, the following new section: ``SEC. 259. HOMEOWNERSHIP VESTING PLAN. ``(a) Authority.--The Secretary shall, subject only to the absence of requests for insurance under this section and the availability of amounts pursuant to subsection (i)-- ``(1) make commitments to insure and insure any mortgage covering a 1- to 4-family residence that is made for the purpose of paying or prepaying outstanding obligations under an existing mortgage or mortgages on the residence if the mortgage being insured under this section meets the requirements of this section; and ``(2) in connection with the insurance of such mortgages-- ``(A) make payments under subsection (c) to servicers of eligible mortgages refinanced by such insured mortgages; ``(B) make payments under (b)(4) for the extinguishment of subordinate liens on the properties subject to eligible mortgages refinance by such insured mortgages; and ``(C) make loans under subsection (d) to mortgagors under such insured mortgages. ``(b) Eligible Mortgages.--To be eligible for insurance under this section, a mortgage shall comply with all of the following requirements: ``(1) Owner-occupied sole residence.--The residence securing the mortgage insured under this section shall be occupied by the mortgagor as the principal residence of the mortgagor and the mortgagor shall provide a certification to the originator of the insured mortgage that such residence securing the mortgage is the only residence in which the mortgagor has any present ownership interest. ``(2) Principal obligation amount.--The principal obligation amount of the mortgage to be insured under this section shall be equal to 97.5 percent of the current appraised value of the residence securing the mortgage. ``(3) Required waiver of prepayment penalties and fees.-- All penalties for prepayment or refinancing of the existing senior mortgage, and all fees and penalties related to default or delinquency on the existing senior mortgage, shall be waived or forgiven. ``(4) Extinguishment of subordinate liens.-- ``(A) Required agreement.--All holders of existing mortgages on the property to which the eligible mortgage relates shall agree to accept the proceeds of the insured loan, and any payment pursuant to subparagraph (B), as payment in full of all indebtedness under the existing mortgage, and all encumbrances related to such existing mortgage shall be removed. The Secretary may take such actions, in accordance with the standards established pursuant to subparagraph (B), as may be necessary and appropriate to facilitate coordination and agreement between the holders of the existing senior mortgage and any existing subordinate mortgages, taking into consideration the subordinate lien status of such subordinate mortgages. ``(B) Payment.--The Secretary shall provide for the payment to the holder of any existing subordinate mortgage of an amount equal to 5 cents for each dollar of the outstanding principal balance of, and accrued interest on, the outstanding mortgage. ``(5) Interest rate and term of mortgage.--The mortgage to be insured under this section shall-- ``(A) bear interest at a single rate that is fixed for the entire term of the mortgage; and ``(B) have a maturity of 30 years from the date of the beginning of amortization of such mortgage. ``(6) Underwriting standards.--The mortgage insured under this section shall comply with the underwriting standards applicable under the FHA Secure Program (established by mortgagee letter 2007-11, issued September 5, 2007), as such Program is in effect as of February 1, 2009. ``(7) Priority of lien for non-vested loan principal.--The mortgage to be insured under this section shall provide that the Secretary's lien pursuant to subsection (d)(4) on the residence that is subject to the mortgage shall have superior priority to the lien under the insured mortgage. ``(8) Requirements for existing senior mortgage being refinanced.-- ``(A) Origination date.--The existing senior mortgage shall have been originated during the period beginning on January 1, 2003, and ending upon December 31, 2007. ``(B) Principal obligation.--The existing senior mortgage shall have had an original principal obligation in an amount that did not exceed the maximum dollar amount limitation in effect on February 1, 2009, under section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) for a residence of the applicable size for the area in which the residence is located. ``(C) Debt-to-income ratio upon origination.--As of the time of the origination of the existing senior mortgage, the mortgagor shall have had a ratio of mortgage debt to income, taking into consideration all existing mortgages of that mortgagor at such time, exceeding 30 percent. ``(D) Loan-to-value ratio.--The existing senior mortgage shall, upon origination, have involved a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the Secretary shall approve) in an amount not exceeding 90 percent of the appraised value of the property at such time. ``(c) Payment to Servicer of Existing Mortgage.--For each mortgage insured under this section, the Secretary shall make a payment in the amount of $1,000 to the servicer of the existing senior mortgage refinanced by such insured mortgage. ``(d) Nonamortizing No-Interest Loan.-- ``(1) In general.--In connection with each mortgage insured under this section, the Secretary shall make a loan under this subsection to the mortgagor, the proceeds of which shall be paid by the Secretary directly to the holder of the existing senior mortgage being refinanced by the mortgage insured under this section. Such loan shall be in an amount equal to the difference between-- ``(A) the amount of the outstanding principal obligation under the existing senior mortgage refinanced by such insured mortgage as of the time of the origination of such insured mortgage; and ``(B) the amount of the original principal obligation of the insured mortgage. ``(2) Terms.--A loan under this section-- ``(A) shall not bear interest; and ``(B) shall not require the borrower to make payments of principal, except as provided in paragraph (3). ``(3) Repayment.--A loan under this section shall require repayment of principal only if the borrower defaults with respect to the borrower's obligations under the insured mortgage in connection with which such loan is made during the 5-year period that begins on the date that such mortgage is insured, as follows: ``(A) Year 1.--If any such default occurs during the period that begins on the date that such mortgage is insured and ends 1 year after such date of insurance, the Secretary shall be entitled to repayment of 100 percent of the principal amount of the loan. ``(B) Year 2.--If any such default occurs during the period that begins 1 year after such date of insurance and ends 2 years after such date of insurance, the Secretary shall be entitled to 80 percent of such principal amount. ``(C) Year 3.--If any such default occurs during the period that begins 2 years after such date of insurance and ends 3 years after such date of insurance, the Secretary shall be entitled to 60 percent of such principal amount. ``(D) Year 4.--If any such default occurs during the period that begins 3 years after such date of insurance and ends 4 years after such date of insurance, the Secretary shall be entitled to 40 percent of such principal amount. ``(E) Year 5.--If any such default occurs during the period that begins 4 years after such date of insurance and ends 5 years after such date of insurance, the Secretary shall be entitled to 20 percent of such principal amount. ``(F) After year 5.--If any such default occurs after the expiration of the 5-year period that begins on such date of insurance, the Secretary shall not be entitled to repayment of any portion of such principal amount. ``(4) Lien.--Repayment of the portion of the principal amount of a loan made under this subsection that is required under paragraph (3) shall be secured by a lien on the residence that is subject to the mortgage insured under this section in connection with which such loan was made, that is held by the Secretary, and which shall have priority over all other liens on such residence. ``(e) Premiums.--Notwithstanding any other provision of this Act: ``(1) In general.--For each eligible mortgage insured under this section, the Secretary shall establish and collect an annual premium in an amount equal to not less than 0.55 percent of the amount of the remaining insured principal balance of the mortgage and not more than 0.75 percent of such remaining insured principal balance, as determined according to a schedule established by the Secretary that assigns such annual premiums based upon the credit risk of the mortgage. ``(2) Reduction or termination during mortgage term.-- Notwithstanding paragraph (1), the Secretary may provide that the annual premiums charged for eligible mortgages insured under this section are reduced over the term of the mortgage or that the collection of such premiums is discontinued at some time during the term of the mortgage, in a manner that is consistent with policies for such reduction or discontinuation of annual premiums charged for mortgages in accordance with section 203(c). ``(f) Sunset.--The Secretary may not enter into any new commitment to insure any refinanced eligible mortgage, or newly insure any refinanced eligible mortgage, pursuant to this section after the expiration of the 3-year period beginning upon the date of the enactment of this Act. ``(g) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Eligible mortgage.--The term `eligible mortgage' means a mortgage that meets the requirement under subsection (b) for insurance under this section. ``(2) Existing mortgage.--The term `existing mortgage' means, with respect to a mortgage insured or to be insured under this section, a mortgage on the same residence that is to be subject to such mortgage insured under this section that is to be extinguished pursuant to such insured mortgage. ``(3) Existing senior mortgage.--The term `existing senior mortgage' means, with respect to a mortgage insured or to be insured under this section, the existing mortgage that has superior priority. ``(4) Existing subordinate mortgage.--The term `existing subordinate mortgage' means, with respect to a mortgage insured or to be insured under this section, an existing mortgage that has subordinate priority to the existing senior mortgage. ``(h) Authorization of Appropriations.--There is authorized to be appropriated for fiscal years 2009 through 2012-- ``(1) $2,000,000,000 for payments under subsection (c) to servicers of eligible mortgages refinanced by such insured mortgages; ``(2) $1,500,000,000 for payments under (b)(4) for the extinguishment of subordinate liens on the properties subject to eligible mortgages refinanced by such insured mortgages; and ``(3) $90,000,000,000 for the costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1974 (2 U.S.C. 661a)) of loans under subsection (d) to mortgagors under such insured mortgages.''. SEC. 3. SERVICER SAFE HARBOR. (a) Safe Harbor.-- (1) Loan modifications and workout plans.--Notwithstanding any other provision of law, and notwithstanding any investment contract between a servicer and a securitization vehicle or investor, a servicer that acts consistent with the duty set forth in section 129A(a) of Truth in Lending Act (15 U.S.C. 1639a) shall not be liable for entering into a loan modification or workout plan with respect to any such mortgage that meets all of the criteria set forth in paragraph (2)(B) to-- (A) any person, based on that person's ownership of a residential mortgage loan or any interest in a pool of residential mortgage loans or in securities that distribute payments out of the principal, interest and other payments in loans on the pool; (B) any person who is obligated pursuant to a derivatives instrument to make payments determined in reference to any loan or any interest referred to in subparagraph (A); or (C) any person that insures any loan or any interest referred to in subparagraph (A) under any law or regulation of the United States or any law or regulation of any State or political subdivision of any State. (2) Ability to modify mortgages.-- (A) Ability.--Notwithstanding any other provision of law, and notwithstanding any investment contract between a servicer and a securitization vehicle or investor, a servicer-- (i) shall not be limited in the ability to modify mortgages, the number of mortgages that can be modified, the frequency of loan modifications, or the range of permissible modifications; and (ii) shall not be obligated to repurchase loans from or otherwise make payments to the securitization vehicle on account of a modification, workout, or other loss mitigation plan for a residential mortgage or a class of residential mortgages that constitute a part or all of the mortgages in the securitization vehicle, if any mortgage so modified meets all of the criteria set forth in subparagraph (B). (B) Criteria.--The criteria under this subparagraph with respect to a mortgage are as follows: (i) Default on the payment of such mortgage has occurred or is reasonably foreseeable. (ii) The property securing such mortgage is occupied by the mortgagor of such mortgage. (iii) The servicer reasonably and in good faith believes that the anticipated recovery on the principal outstanding obligation of the mortgage under the particular modification or workout plan or other loss mitigation action will exceed, on a net present value basis, the anticipated recovery on the principal outstanding obligation of the mortgage to be realized through foreclosure. (3) Applicability.--This subsection shall apply only with respect to modifications, workouts, and other loss mitigation plans initiated before January 1, 2012. (b) Reporting.--Each servicer that engages in loan modifications or workout plans subject to the safe harbor in subsection (a) shall report to the Secretary on a regular basis regarding the extent, scope and results of the servicer's modification activities. The Secretary shall prescribe regulations specifying the form, content, and timing of such reports. (c) Definition of Securitization Vehicles.--For purposes of this section, the term ``securitization vehicle'' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that-- (1) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (2) holds such mortgages.", "summary": "Home Ownership Vesting Plan Act of 2009 - Amends the National Housing Act to direct the Secretary of Housing and Urban Development (HUD) to: (1) insure any mortgage covering a one- to four-family principal and sole residence that is made for the purpose of paying or prepaying outstanding obligations (refinancing) under an existing mortgage or mortgages meeting specified requirements; (2) pay $1,000 to the servicer of the existing senior mortgage refinanced by each mortgage insured under this Act; and (3) make a nonamortizing no-interest loan to the mortgagor, the proceeds of which shall be paid by the Secretary directly to the holder of the existing senior mortgage being refinanced. Sets forth a schedule for repayment of principal only if the borrower defaults. Shields a servicer from liability for entering into a loan modification or workout plan with respect to any such mortgage if the servicer acts consistent with the fiduciary duty of servicers of pooled residential mortgages under the Truth in Lending Act."}
{"article": "SECTION 1. COMMISSION ON UROTRAUMA. (a) Establishment.--In order to continue and expand the study of urotrauma conducted by the Secretary of Defense in 2011, subject to the availability of appropriations for such purpose, the Secretary shall establish a commission to be known as the ``Commission on Urotrauma'' (in this section referred to as the ``Commission''). (b) Consultation.--In carrying out this section, the Secretary of Defense shall consult with the Secretary of Veterans Affairs and the Secretary of Health and Human Services. (c) Duties.--The Commission shall conduct a study on urotrauma among members of the Armed Forces and veterans, including-- (1) an analysis of the incidence, duration, morbidity rate, and mortality rate of urotrauma; (2) an analysis of the social and economic costs and effects of urotrauma; (3) with respect to the Department of Defense and Department of Veterans Affairs, an evaluation of the facilities, access to private facilities, resources, personnel, and research activities that are related to the diagnosis, prevention, and treatment of urotrauma; (4) an evaluation of programs (including such biological, behavioral, environmental, and social programs) that improve the prevention or treatment of urotrauma; (5) a long-term plan for the use and organization of the resources of the Federal Government to improve the prevention and treatment of urotrauma; and (6) updates to any study on urotrauma conducted by the Secretary of Defense in 2011. (d) Membership.-- (1) Appointed members.--In addition to the ex officio members described in paragraph (2), the Committee shall be composed of 19 members as follows: (A) Sixteen members appointed by the Secretary of Defense. (B) One member appointed by the Secretary of Health and Human Services from among officers or employees of the National Institute of Diabetes and Digestive and Kidney Diseases whose primary interest is in the field of urotrauma. (C) The Chief of the Department of Surgery of Walter Reed National Military Medical Center. (D) The Chief Medical Director of the Department of Veterans Affairs. (2) Ex officio members.--The nonvoting, ex officio members of the Commission are as follows: (A) The Surgeon General of the Navy. (B) The Surgeon General of the Army. (C) The Surgeon General of the Air Force. (D) The Medical Officer of the Marine Corps. (E) The Director of the National Institutes of Health. (F) The Director of the National Institute of Diabetes and Digestive and Kidney Diseases. (G) The Director of the Division of Kidney, Urologic, and Hematologic Diseases of the National Institute of Diabetes and Digestive Kidney Diseases. (H) The Director of the National Institute of Biomedical Imaging and Bioengineering. (3) Qualifications.--In appointing members under paragraph (1)(A), the Secretary of Defense shall appoint individuals with experience related to-- (A) studying or researching urotrauma; (B) preventing or treating urotrauma; or (C) suffering from urotrauma. (4) Term.--Each member shall be appointed for the life of the Commission. (5) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (6) Pay.-- (A) Except as provided in subparagraph (C), members of the Commission shall serve without pay. (B) Except as provided in subparagraph (C), members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (C) Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (7) Quorum.--A majority of members of the Commission shall constitute a quorum but a lesser number may hold hearings. (8) Chairperson.--The Secretary of Defense shall designate a member as the chairperson of the Committee. (9) Meetings.--The Commission shall meet at the call of the chairperson. (e) Staff.-- (1) Director.--The Commission shall have a director who shall be appointed by the chairperson. (2) Staff.--Subject to rules prescribed by the Commission, the chairperson may appoint additional personnel as the chairperson considers appropriate. (3) Applicability of certain civil service laws.--The director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (4) Experts and consultants.--Subject to rules prescribed by the Commission, the chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (5) Staff to federal agencies.--Upon request of the chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (f) Powers of Commission.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. (g) Reports.-- (1) Interim report.--Not later than one year after the date on which the members are appointed under subsection (d)(1), the Commission shall submit to the appropriate congressional committees an interim report on the study conducted under subsection (c). (2) Final report.--Not later than two years after the date on which the members are appointed under subsection (d)(1), the Commission shall submit to the appropriate congressional committees a final report on the study conducted under subsection (c), including any recommendations the Commission considers appropriate to improve the prevention and treatment of urotrauma among members of the Armed Forces and veterans. (h) Termination.--The Commission shall terminate on the date that is 60 days after the date on which the Commission submits the final report under subsection (g)(2). (i) Definitions.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the Committees on Armed Services of the House of Representatives and Senate; and (B) the Committees on Veterans' Affairs of the House of Representatives and Senate. (2) The term ``urotrauma'' means injury to the urinary tract (including the kidneys, ureters, urinary bladder, urethra, and female and male genitalia) from a penetrating, blunt, blast, thermal, chemical, or biological cause. (j) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2012 through 2015. (2) Offset.--The amount otherwise authorized to be appropriated for operation and maintenance, Defense-wide, for the Office of the Secretary of Defense for each of fiscal years 2012 through 2015 is reduced by $1,000,000.", "summary": "Directs the Secretary of Defense (DOD), in order to continue and expand the DOD study conducted in 2011, to establish the Commission on Urotrauma to: (1) conduct a study on urotrauma (injury to the urinary tract from a penetrating, blunt, blast, thermal, chemical, or biological cause) among members of the Armed Forces and veterans; and (2) provide an interim and final report to the congressional defense and veterans committees on such study."}
{"article": "SECTION 1. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include the sum of the amounts received during the taxable year by an individual as-- ``(1) dividends from domestic corporations, or ``(2) interest. ``(b) Limitations.-- ``(1) Maximum amount.--The aggregate amount excluded under subsection (a) for any taxable year shall not exceed $5,000 ($10,000 in the case of a joint return). ``(2) Certain dividends excluded.--Subsection (a)(1) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organization) or section 521 (relating to farmers' cooperative associations). ``(c) Special Rules.--For purposes of this section-- ``(1) Distributions from regulated investment companies and real estate investment trusts.--Subsection (a) shall apply with respect to distributions by-- ``(A) regulated investment companies to the extent provided in section 854(c), and ``(B) real estate investment trusts to the extent provided in section 857(c). ``(2) Distributions by a trust.--For purposes of subsection (a), the amount of dividends and interest properly allocable to a beneficiary under section 652 or 662 shall be deemed to have been received by the beneficiary ratably on the same date that the dividends and interest were received by the estate or trust. ``(3) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends and interest which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b).'' (b) Clerical and Conforming Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Partial exclusion of dividends and interest received by individuals.'' (2) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period at the end thereof the following: ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (3) Subsection (c) of section 584 of such Code is amended by adding at the end thereof the following new sentence: ``The proportionate share of each participant in the amount of dividends or interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.'' (4) Subsection (a) of section 643 of such Code is amended by inserting after paragraph (6) the following new paragraph: ``(7) Dividends or interest.--There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116.'' (5) Section 854 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Treatment Under Section 116.-- ``(1) In general.--For purposes of section 116, in the case of any dividend (other than a dividend described in subsection (a)) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend-- ``(A) the entire amount of such dividend shall be treated as a dividend if the aggregate dividends and interest received by such company during the taxable year equal or exceed 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, a portion of such dividend shall be treated as a dividend (and a portion of such dividend shall be treated as interest) based on the portion of the company's gross income which consists of aggregate dividends or aggregate interest, as the case may be. For purposes of the preceding sentence, gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year as does not exceed aggregate interest received for the taxable year. ``(2) Notice to shareholders.--The amount of any distribution by a regulated investment company which may be taken into account as a dividend for purposes of the exclusion under section 116 shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year. ``(3) Definitions.--For purposes of this subsection-- ``(A) The term `gross income' does not include gain from the sale or other disposition of stock or securities. ``(B) The term `aggregate dividends received' includes only dividends received from domestic corporations other than dividends described in section 116(b)(2). In determining the amount of any dividend for purposes of this subparagraph, the rules provided in section 116(c)(1) (relating to certain distributions) shall apply.'' (6) Subsection (c) of section 857 of such Code is amended to read as follows: ``(c) Limitations Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) In general.--For purposes of section 116 (relating to an exclusion for dividends and interest received by individuals) and section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment as interest.--In the case of a dividend (other than a capital gain dividend, as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part for the taxable year in which it paid the dividend-- ``(A) such dividend shall be treated as interest if the aggregate interest received by the real estate investment trust for the taxable year equals or exceeds 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, the portion of such dividend which bears the same ratio to the amount of such dividend as the aggregate interest received bears to gross income shall be treated as interest. ``(3) Adjustments to gross income and aggregate interest received.--For purposes of paragraph (2)-- ``(A) gross income does not include the net capital gain, ``(B) gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year (other than for interest on mortgages on real property owned by the real estate investment trust) as does not exceed aggregate interest received by the taxable year, and ``(C) gross income shall be reduced by the sum of the taxes imposed by paragraphs (4), (5), and (6) of section 857(b). ``(4) Notice to shareholders.--The amount of any distribution by a real estate investment trust which may be taken into account as interest for purposes of the exclusion under section 116 shall not exceed the amount so designated by the trust in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year.'' (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1992.", "summary": "Amends the Internal Revenue Code to provide a partial exclusion of dividends or interest received by an individual."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Commonsense Reporting and Verification Act of 2015''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Prospective reporting system. Sec. 4. Protection of dependent privacy. Sec. 5. Electronic statements. Sec. 6. GAO studies. Sec. 7. Eligibility verification process for ACA subsidies. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of the Treasury and the Internal Revenue Service should work together with other relevant departments and agencies to identify and implement methods to minimize compliance burdens on businesses, insurance carriers, and individuals under provisions of the Patient Protection and Affordable Care Act. (2) Such collaboration should strike an appropriate balance between sufficient reporting to enforce the law and protecting the privacy of individuals. SEC. 3. PROSPECTIVE REPORTING SYSTEM. (a) In General.--Not later than 180 days after the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration, shall implement a voluntary prospective reporting system meeting the requirements of subsection (b). Such system shall be established not later than September 2, 2016, and shall be available for use by employers with respect to plan years beginning after December 31, 2015. (b) Requirements.--The system created under subsection (a) shall be maintained by the Secretary of the Treasury and shall include-- (1) a process whereby employers may voluntarily report-- (A) the name and employer identification number of the employer; (B) a certification of-- (i) whether coverage meeting the definition of minimum essential coverage in section 5000A(f) of the Internal Revenue Code of 1986 is offered to the full-time employees; (ii) whether such coverage is offered to dependents of such employees; (iii) whether such coverage is offered to spouses of such employees; (iv) whether such coverage is offered to part-time employees; (v) whether such coverage meets the minimum value requirement of section 36B(c)(2)(C)(ii) of such Code; and (vi) whether such coverage satisfies the requirements to qualify for one of the affordability safe harbors promulgated by the Secretary of the Treasury for purposes of section 4980H of such Code; (C) the months during the prospective reporting period that such coverage is available to full time employees of the employer; and (D) whether any waiting periods apply with respect to such coverage; to be reported not later than 60 days before the start of the open enrollment period under section 1311(c)(6)(B) of the Patient Protection and Affordable Care Act with respect to each such calendar year; (2) a process to ensure that Exchanges, the Federal Marketplace Data Services Hub, and the Internal Revenue Service can securely and confidentially access the information described in paragraph (1) as necessary to carry out their respective missions, and to provide to the Secretary of Health and Human Services additional information relating to eligibility determinations for advance payment of the premium tax credits under section 36B of such Code and the cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act (Public Law 111-148); (3) a process to allow the appropriate agency described in subsection (a) to follow up with employers in order to obtain additional necessary information relating to an employee's eligibility for such advance payment or such cost-sharing subsidies, and to allow an employee to receive notification of any problem in verifying such eligibility; and (4) a process to allow employers using the system to provide timely updates to the Federal Marketplace Data Services Hub regarding any cancellation of coverage or significant change in availability of coverage for participating employees. (c) Exemption From Reporting Requirement Under Internal Revenue Code of 1986.--If, through the system created under subsection (a), an employer provides prospective reporting for a calendar year in which a plan year ends that meets the requirements of subsection (b)(1)-- (1) such employer shall be treated as satisfying the return requirements of subsections (a) and (b) of section 6056 of the Internal Revenue Code of 1986 for the calendar year in which such plan year ends; and (2) such employer shall be treated as satisfying the requirements of section 6056(c) of such Code for the calendar year in which such plan year ends if the employer furnishes the statement described in such section to the Internal Revenue Service and to those employees of the employer for whom the employer has received a notice under section 1411(e)(4)(B)(iii) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081) from the Exchange (established under section 1311 or 1321 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031, 18041)) that the employee, or the spouse or dependent of the employee, has enrolled in a qualified health plan (as defined in section 1301 of such Act (42 U.S.C. 18021)) through the Exchange or been deemed eligible for an advance payment of premium tax credits under section 36B of such Code or cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). (d) Third-Party Filing.--Employers may use third parties to complete the filing described in subsection (b)(1). Use of such a third party to complete the filing does not affect an employer's liability under sections 6055 or 6056 of the Internal Revenue Code of 1986. (e) Employer Notification of Employee Enrollments.--Each Exchange established under title I of the Patient Protection and Affordable Care Act shall provide notice to each employer at the time an employee (or dependent of an employee) is enrolled under a qualified health plan through the Exchange. SEC. 4. PROTECTION OF DEPENDENT PRIVACY. (a) In General.--Section 6055(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) TINs not collected or maintained.--For purposes of subparagraph (B)(i), in the case of an individual other than the primary insured, if, before January 1, 2014, the health insurance issuer or the employer did not collect or maintain information on the TINs of such individuals (other than for purposes of this section), the individual's name and date of birth may be substituted for the name and TIN.''. (b) Effective Date.--The amendment made by this section shall apply to returns the due date for which is after the date that is 60 days after the date of the enactment of this Act. SEC. 5. ELECTRONIC STATEMENTS. (a) In General.--Section 6056(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Electronic delivery.--An individual shall be deemed to have consented to receive the statement under this section in electronic form if such individual has consented at any prior time, to the person who is the employer of the individual during the calendar year or the preceding plan year to which the statement relates, to receive such statement in electronic form. The preceding sentence shall not apply if the individual refuses consent in writing with respect to the statement under this section.''. (b) Statements Relating to Health Insurance Coverage.--Section 6055(c) of such Code, as amended by this Act, is amended by adding at the end the following new paragraph: ``(4) Electronic delivery.--An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has consented at any prior time to receive in electronic form any private health information (such as electronic health records) furnished to such individual by the person required to make such statement, unless the individual refuses such consent in writing.''. (c) Effective Date.--The amendments made by this section shall apply to statements the due date for which is after December 31, 2015. SEC. 6. GAO STUDIES. (a) Study of First Years of Employer Reporting.-- (1) In general.--The Comptroller General of the United States shall conduct a study that evaluates, with respect to the period beginning on January 1, 2014, and ending on December 31, 2016-- (A) the notification of employers by Exchanges established under title I of the Patient Protection and Affordable Care Act (Public Law 111-148) that a full- time employee of the employer has been determined eligible for advance payment of premium tax credits under section 36B of the Internal Revenue Code of 1986 or cost-sharing subsidies under section 1402 of such Act (42 U.S.C. 18071), including information regarding-- (i) the data elements included in the employer notification; (ii) the process by which the notification forms were developed and sent to employers, including whether the process provided for a formal notice and comment period; (iii) whether employers report that such notifications provided sufficient and relevant information for them to make appropriate decisions about whether to utilize the appeals process; (iv) the total number of notifications sent to employers and the timeline of when such notifications were sent; (v) differences in the notification process between the marketplace facilitated by the Federal Government and the State-Based Marketplaces; and (vi) challenges that have arisen in the notification process, and recommendations to address these challenges; and (B) the extent to which the Secretary of Health and Human Services has established a separate appeals process for employers who received such a notification to challenge the eligibility determination, as required by section 1411(f)(2) of the Patient Protection and Affordable Care Act (42 U.S..C. 18081(f)(2)). (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means, Energy and Commerce, and Education and the Workforce of the House of Representatives a report on the results of the study conducted under paragraph (1). (b) Study of Prospective Reporting System.-- (1) In general.--The Comptroller General of the United States shall conduct a study that evaluates, with respect to the period beginning on January 1, 2017, and ending on December 31, 2017, the functionality of the prospective reporting system established under section 3, including the accuracy of information collected, the number of employers electing to report under such system, and any challenges that have arisen in implementing such system. (2) Report.--Not later than July 1, 2018, the Comptroller General shall submit to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means, Energy and Commerce, and Education and the Workforce of the House of Representatives a report on the results of the study conducted under paragraph (1). SEC. 7. ELIGIBILITY VERIFICATION PROCESS FOR ACA SUBSIDIES. (a) In General.--Except as specified in subsection (b), a marketplace (as defined in subsection (d)) may automatically reenroll an individual into a qualified health plan (as defined for purposes of title I of the Patient Protection and Affordable Care Act) so long as the marketplace-- (1) redetermines on an annual basis the eligibility of the individual for any advanced premium tax credit or a cost- sharing reduction pursuant to section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082); and (2) takes into account, in making such redeterminations, annual changes in premiums and in the Federal poverty level as well as the most recent income data available with respect to the individual involved. (b) Reenrollment Limitations.--If a marketplace does not follow the processes specified under the section with respect to an individual, then the marketplace may not automatically reenroll the individual into a qualified health plan with an advanced premium tax credit or a cost- sharing reduction until the individual provides current income information to the marketplace so that eligibility for a credit or reduction can be redetermined. (c) Comprehensive Guidance Based on Current Guidance.--The provisions of this section are intended to generally reflect and be consistent with the guidance on annual eligibility redeterminations and reenrollments for marketplace coverage issued by the Centers for Medicare and Medicaid Services on April 22, 2015. In carrying out this section, the Secretary shall apply rules (whether through guidance or otherwise) regarding the annual eligibility redeterminations and reenrollments for coverage and for tax credits and cost-sharing reduction for individuals through a marketplace that are consistent with this section and are at least as comprehensive as the guidance (issued on April 22, 2015) applied for coverage for 2016. Such guidance shall include provisions that ensure that-- (1) enrollees eligible to be automatically reenrolled in a qualified health plan and to continue provision of such a tax credit or cost-sharing reduction shall maintain on file with the marketplace (or otherwise provide to the marketplace) an authorization for disclosure of information verifying eligibility for such a credit or cost-sharing reduction; (2) the marketplace annually requests updated income information to verify such eligibility; and (3) enrollees are provided timely and appropriate notices of the rules regarding annual redeterminations and reenrollments. (d) Marketplace Defined.--In this section, the term ``marketplace'' means State Based Exchanges and the Federally Facilitated Exchange established under sections 1311 and 1321 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031, 18041), respectively.", "summary": "Commonsense Reporting and Verification Act of 2015 This bill requires the Department of Treasury to implement and maintain a voluntary prospective reporting system for employers subject to the employer mandate under the Patient Protection and Affordable Care Act (PPACA). Employers satisfy the information return requirement if they voluntarily report general information about the health coverage offered to full-time employees. Employers satisfy the employee statement requirement if they provide statements to employees after receiving exchange notification that employee or spouse or dependent enrolled in a qualified health plan or qualified for premium tax credits or cost-sharing subsidies. The legislation amends the Internal Revenue Code to: (1) permit employers and health insurance issuers that provide minimum essential coverage to submit an information return with names and birth dates of covered dependents if the employer or health insurance issuer does not already collect or maintain their taxpayer identification numbers, and (2) permit electronic delivery of employee statement if employee consented previously to electronic delivery of other notices and does not refuse consent in writing. It directs the Government Accountability Office to: (1) evaluate the exchange notification and appeals processes for employers whose employee or spouse or dependent enrolls in a qualified health plan or qualifies for premium tax credits or cost-sharing subsidies, and (2) evaluate the prospective reporting system functionality. The legislation permits a health insurance exchange to automatically reenroll an individual into a qualified health plan after annually redetermining the individual's eligibility for premium tax credits or cost-sharing subsidies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Education in Vocational Technology Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) rapid technological advances and global economic competition demand increased levels of skilled technical education by high school graduates and other young job seekers entering the workforce; (2) in order to increase the productivity of the Nation's economy and ensure that an adequate number of high school graduates and other workers are qualified to enter the high technology workplace of the future, it is necessary to improve the quality of instruction in manufacturing and other vocational technologies; and (3) technical education programs which use state-of-the-art equipment and appropriate technologies will help provide workers with the technical skills necessary for employment in a changing workplace. SEC. 3. PURPOSE. The purpose of this Act is to provide grants to States that-- (1) assist local educational agencies in improving the quality of instruction and training in, or developing instruction and training in, manufacturing and other vocational technologies; and (2) assist local educational agencies in purchasing state- of-the-art equipment for technical vocational education. SEC. 4. GRANTS FOR EDUCATION AND TRAINING. (a) Authorization.-- (1) In general.--The Secretary is authorized to make grants to the States to improve the quality of instruction or training in, or develop instruction and training in, manufacturing and other occupational technologies. (2) State application.--A State Board of Vocational Education that desires to receive a grant under this Act shall submit an application to the Secretary at such time and in such manner and form as the Secretary may reasonably require. (3) State costs.--Not more than 10 percent of a grant received under this section may be used by the State Board of Vocational Education for administrative costs. (b) Allocations.--Not less than 90 percent of the amount received by a State Board of Vocational Education shall be distributed to local educational agencies. (c) Local Funds.-- (1) Local application.--A local educational agency that desires to receive a grant under this section shall submit an application to the State Board of Vocational Education. (2) Distribution.--In approving grants under this section, the State Board of Vocational Education shall assure an equitable distribution among urban and rural areas of the State. (3) Administrative costs.--Not more than 5 percent of a grant made under this section to a local educational agency may be used for administrative costs. (d) Authorization of Appropriations.--There is authorized to be appropriated $100,000,000 for each of the fiscal years 1995 through 1999 to carry out this section. SEC. 5. GRANTS FOR EQUIPMENT. (a) Authorization.-- (1) In general.--The Secretary is authorized to make grants to the States to assist States in purchasing state-of-the-art equipment for technical vocational education. (2) State application.--A State Board of Vocational Education that desires to receive a grant under this Act shall submit an application to the Secretary at such time and in such manner and form as the Secretary may reasonably require. States that also are applying for a grant under section 4(a)(2), may amend such application to include programs under this section. (3) State costs.--Not more than 10 percent of a grant received under this section may be used by a State Board of Vocational Education for administrative costs. (b) Allocations.--Not less than 90 percent of the amount received by a State Board of Vocational Education shall be distributed to local educational agencies. (c) Local Funds.-- (1) Local application.--A local educational agency that desires to receive a grant under this section shall submit an application to the State Board of Vocational Education. (2) Distribution.--In approving grants under this section, the State Board of Vocational Education shall assure an equitable distribution among urban and rural areas of the State. (3) Administrative costs.--Not more than 5 percent of a grant made under this section to a local educational agency may be used for administrative costs. (d) Authorization of Appropriations.--There is authorized to be appropriated $100,000,000 for each of the fiscal years 1995 through 1999 to carry out this section. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``Secretary'' means the Secretary of Education. (2) The term ``local educational agency'' has the same meaning given such term in section 1471 of the Elementary and Secondary Education Act of 1965. (3) The term ``State Board of Vocational Education'' means the sole State agency responsible for the administration or the supervision of the State vocational education program as described in section 111(a) of the Carl D. Perkins Vocational and Applied Technology Education Act.", "summary": "Education in Vocational Technology Act - Authorizes the Secretary of Education to make grants to States to assist local educational agencies in: (1) improving the quality of or developing instruction and training in manufacturing and other vocational technologies; and (2) purchasing state-of-the-art equipment for technical vocational education. Requires State Boards of Vocational Education to distribute at least 90 percent of such amounts to local education agencies, equitably among urban and rural areas. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Promoting Access to Medicare Midwifery Services Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Medicare payment for certified midwife services. Sec. 3. Increased medicare payments for certified nurse-midwife services and certified midwife services. Sec. 4. Clarification of hospital conditions of participation with respect to certified nurse-midwives and certified midwives. Sec. 5. Medicare payment for freestanding birth center services. Sec. 6. Clarification of billing rights of certified nurse-midwives and certified midwives. Sec. 7. Clarification regarding payments for certified nurse-midwife services and certified midwife services furnished in teaching hospitals. Sec. 8. Interim and final regulations. SEC. 2. MEDICARE PAYMENT FOR CERTIFIED MIDWIFE SERVICES. (a) Certified Midwife and Certified Midwife Services Defined.-- Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended-- (1) in paragraph (1)-- (A) by striking ``(as defined in paragraph (2))'' and inserting ``(as defined in subparagraph (B))''; and (B) by inserting ``(A)'' after ``(1)''; (2) by redesignating paragraph (2) as subparagraph (B); and (3) by adding at the end the following new paragraph: ``(2)(A) The term `certified midwife services' means such services furnished by a certified midwife (as defined in subparagraph (B)) and such services and supplies furnished as an incident to the certified midwife's service which the certified midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) as would otherwise be payable under this title if furnished by a physician or as an incident to a physician's service. ``(B) The term `certified midwife' means an individual-- ``(i) with a bachelor's degree from an accredited educational institution who has completed a program of study and clinical experience meeting guidelines established by the Secretary of Education; or ``(ii) who has been certified in nurse-midwifery or midwifery by an organization recognized by the Secretary of Education.''. (b) Certified Midwife Benefit.-- (1) Scope of benefits.--Section 1832(a)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended by inserting ``, certified midwife services'' after ``certified nurse-midwife services''. (2) Payment of benefits.--Section 1833(a)(1)(K) of the Social Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by inserting ``and certified midwife services'' after ``certified nurse-midwife services''. (c) Conforming Amendments.-- (1) Use of carriers for administration of benefits.-- Section 1842(b)(18)(C)(iii) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)(iii)) is amended by striking ``(as defined in section 1861(gg)(2))'' and inserting ``or a certified midwife (as defined in paragraph (1)(B) and (2)(B), respectively, of section 1861(gg))''. (2) Health care professional defined.--Section 1852(j)(3)(D) of the Social Security Act (42 U.S.C. 1395w- 22(j)(3)(D)) is amended by striking ``and certified nurse- midwife'' and inserting ``certified nurse-midwife, and certified midwife''. (3) Inpatient hospital services.--Section 1861(b)(4) of the Social Security Act (42 U.S.C. 1395x(b)(4)) is amended by inserting ``, certified midwife services,'' after ``certified nurse-midwife services''. (4) Medical and other health services.--Section 1861(s)(2)(L) of the Social Security Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting ``and certified midwife services'' before the semicolon at the end. (5) Rural health clinic services and federally qualified health clinic services.--Section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)) is amended-- (A) in paragraph (2)(J), by striking ``, or a certified nurse-midwife (as defined in subsection (gg))'' and inserting ``, a certified nurse-midwife (as defined in subsection (gg)(1)(B)), or a certified midwife (as defined in subsection (gg)(2)(B))''; and (B) in paragraph (7)(A), by striking ``or certified nurse midwife'' and inserting ``, certified nurse- midwife, or certified midwife''. (6) Certified nurse-midwife services.--The heading of section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended by adding at the end the following: ``; Certified Midwife Services''. (7) Exclusions from coverage and medicare as secondary payer.--Section 1862(a)(14) of the Social Security Act (42 U.S.C. 1395y(a)(14)) is amended by inserting ``, certified midwife services'' after ``certified nurse-midwife services''. (8) Agreements with providers of services.--Section 1866(a)(1)(H)(i) (42 U.S.C. 1395cc(a)(1)(H)(i)) is amended by inserting ``, certified midwife services'' after ``certified nurse-midwife services''. (9) Exclusion from payment to skilled nursing facilities for routine service costs.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``, certified midwife services'' after ``certified nurse-midwife services''. (10) Medicaid definitions.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (A) in subsection (a)(17)-- (i) by striking ``a nurse-midwife (as defined in section 1861(gg)) which the nurse- midwife is'' and inserting ``a certified nurse- midwife or a certified midwife (as defined in paragraphs (1)(B) and (2)(B), respectively, of section 1861(gg)) which the certified nurse- midwife or certified midwife, as the case may be, is''; and (ii) by striking ``whether or not the nurse-midwife'' and inserting ``whether or not the certified nurse-midwife or certified midwife, as the case may be,''; and (B) in subsection (t)(2)(B)(ii), by striking ``(as defined in section 1861(gg))'' and inserting ``or a certified midwife (as defined in paragraphs (1)(B) and (2)(B), respectively, of section 1861(gg)(2)(B))''. (11) Medicaid managed care.--Section 1932(b)(3)(C) of the Social Security Act (42 U.S.C. 1396u-2(b)(3)(C)) is amended by striking ``and certified nurse-midwife'' and inserting ``certified nurse-midwife, and certified midwife''. (d) Effective Date.--The amendments made by this section shall apply to payment for certified nurse-midwife services and certified midwife services furnished on or after the date of enactment of this Act. SEC. 3. INCREASED MEDICARE PAYMENTS FOR CERTIFIED NURSE-MIDWIFE SERVICES AND CERTIFIED MIDWIFE SERVICES. (a) Amount of Payment.--Section 1833(a)(1)(K) of the Social Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by striking ``65 percent of the prevailing charge that would be allowed for the same service performed by a physician, or, for services furnished on or after January 1, 1992, 65 percent'' and inserting ``95 percent''. (b) Effective Date.--The amendments made by subsection (a) shall apply to certified nurse-midwife services and certified midwife services furnished on or after the date of enactment of this Act. SEC. 4. CLARIFICATION OF HOSPITAL CONDITIONS OF PARTICIPATION WITH RESPECT TO CERTIFIED NURSE-MIDWIVES AND CERTIFIED MIDWIVES. (a) Payment to Hospital for Patients Under Care of Certified Nurse- Midwife or Certified Midwife.--Section 1861(e)(4) of the Social Security Act (42 U.S.C. 1395x(e)(4)) is amended to read as follows: ``(4) has a requirement that every patient with respect to whom payment may be made under this title must be under the care of a physician, except that-- ``(A) a patient receiving qualified psychologist services (as defined in subsection (B)) may be under the care of a clinical psychologist with respect to such services to the extent permitted under State law; and ``(B) a patient receiving certified nurse-midwife services or certified midwife services (as defined in paragraphs (1)(B) and (2)(B), respectively, of subsection (gg)) may be under the care of a certified nurse-midwife or certified midwife, as the case may be, with respect to such services to the extent permitted under State law;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 5. MEDICARE PAYMENT FOR FREESTANDING BIRTH CENTER SERVICES. (a) Freestanding Birth Center Services and Freestanding Birth Center Defined.--Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) (as amended by section 2(a)) is amended by adding at the end the following new paragraph: ``(3)(A) The term `freestanding birth center services' means items and services furnished by a freestanding birth center (as defined in subparagraph (B)) as would otherwise be covered if furnished by a hospital. ``(B)(i) The term `freestanding birth center' means a facility or institution-- ``(I) in which births are planned to occur (outside the mother's place of residence); ``(II) in which comprehensive health care services are furnished; and ``(III) which has been approved by the Secretary or accredited by an organization recognized by the Secretary for purposes of accrediting freestanding birth centers. ``(ii) Such term does not include-- ``(I) a rural health clinic, critical access hospital, or a sole community hospital; or ``(II) a facility or institution that is a hospital or an ambulatory surgical center, unless with respect to ambulatory surgical centers, the State law or regulation that regulates such centers also regulates freestanding birth centers in the State.''. (b) Freestanding Birth Center Benefit.-- (1) Scope of benefits.--Section 1832(a)(2) of the Social Security Act (42 U.S.C. 1395l(a)(2)) is amended-- (A) in subparagraph (I), by striking ``and'' at the end; (B) in subparagraph (J), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(K) freestanding birth center services performed in a freestanding birth center if the center has an agreement in effect with the Secretary by which the center agrees to accept the amount of payment determined under section 1833(u) as full payment for such services, and to accept assignment described in section 1842(b)(3)(B)(ii) with respect to payment for all such services furnished by the center to individuals enrolled under this part.''. (2) Payment of benefits.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(u) Payment for Freestanding Birth Center Services.--The Secretary shall establish by regulation the amount of payment to be made for facility services furnished in connection with freestanding birth center services and furnished to an individual in a freestanding birth center under this title.''. (c) Conforming Amendments.-- (1) Medical and other health services.--Section 1861(s)(2)(L) of the Social Security Act (42 U.S.C. 1395x(s)(2)(L)) is amended-- (A) by adding ``and'' at the end; (B) by inserting ``(i)'' after ``(L)''; and (C) by adding at the end the following new clause: ``(ii) freestanding birth center services;''. (2) Certified nurse-midwife services; certified midwife services.--The heading of section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) (as amended by section 2(c)(6)) is amended by adding at the end the following: ``; Freestanding Birth Center Services''. (d) Effective Date.--The amendments made by this section shall apply to freestanding birth center services furnished on or after the date of enactment of this Act. SEC. 6. CLARIFICATION OF BILLING RIGHTS OF CERTIFIED NURSE-MIDWIVES AND CERTIFIED MIDWIVES. (a) Use of Carriers for Administration of Benefits.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (1) by striking ``and'' before ``(F)''; and (2) by inserting before the period at the end the following: ``, and (G) in the case of certified nurse-midwife services or certified midwife services described in section 1861(s)(2)(L), payment may be made in accordance with subparagraph (A), except that payment may also be made to such individual or entity (or to the agent of such individual or entity) as the certified nurse-midwife or certified midwife, as the case may be, may designate under an agreement between the certified nurse-midwife or certified midwife, as the case may be, and such individual or entity (or the agent of such individual or entity)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to payment for certified nurse-midwife services and certified midwife services furnished on or after the date of enactment of this Act. SEC. 7. CLARIFICATION REGARDING PAYMENTS FOR CERTIFIED NURSE-MIDWIFE SERVICES AND CERTIFIED MIDWIFE SERVICES FURNISHED IN TEACHING HOSPITALS. (a) Scope of Benefits.--Section 1832(a)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended-- (1) by inserting ``(I)'' after ``(iii)''; and (2) by adding at the end the following new subclause: ``(II) in the case of certified nurse- midwife services or certified midwife services furnished in a hospital which has a teaching program described in clause (i)(II), such services may be furnished as provided under sections 1842(b)(7)(E) and 1861(b)(8);''. (b) Clarification Regarding Payments Under Part B for Such Services Furnished in Teaching Hospitals.-- (1) In general.--Section 1842(b)(7) of the Social Security Act (42 U.S.C. 1395u(b)(7)) is amended-- (A) in subparagraph (A), in the matter preceding clause (i), by inserting ``or, for purposes of subparagraph (E), the conditions described in section 1861(b)(8),'' after ``section 1861(b)(7),''; (B) in subparagraph (C), by inserting ``or, for purposes of subparagraph (E), the conditions described in section 1861(b)(8),'' after ``section 1861(b)(7),''; and (C) by adding at the end the following new subparagraph: ``(E) In the case of certified nurse-midwife services or certified midwife services furnished to a patient in a hospital with a teaching program approved as specified in section 1861(b)(6) but which does not meet the conditions described in section 1861(b)(8), the provisions of subparagraphs (A) through (C) shall apply with respect to a certified nurse-midwife or a certified midwife, as the case may be, under this subparagraph as such provisions apply to a physician under such subparagraphs.''. (2) Regulations.--Not later than 6 months after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out the amendments made by paragraph (1). (c) Inpatient Hospital Services.--Section 1861(b) of the Social Security Act (42 U.S.C. 1395x(b)) is amended-- (1) in paragraph (6)-- (A) by inserting ``(A)'' after ``(6)''; and (B) by adding at the end the following new subparagraph: ``(B) in the case of services in a hospital or osteopathic hospital, an intern or resident-in-training in the field of obstetrics and gynecology taught or supervised by a certified nurse-midwife or certified midwife (as defined in paragraphs (1)(B) and (2)(B), respectively, of subsection (gg)) to the extent permitted under State law and as may be authorized by the hospital;''; (2) in paragraph (7), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(8) a certified nurse-midwife or a certified midwife where the hospital has a teaching program approved as specified in paragraph (6), if-- ``(A) the hospital elects to receive any payment due under this title for reasonable costs of such services; and ``(B) all certified nurse-midwives and certified midwives in such hospital agree not to bill charges for professional services rendered in such hospital to individuals covered under the insurance program established by this title.''. SEC. 8. INTERIM AND FINAL REGULATIONS. Except with respect to the amendments made by section 7(b), in order to carry out the amendments made by this Act in a timely manner, the Secretary of Health and Human Services may first promulgate regulations that take effect on an interim basis after notice and pending opportunity for public comment by not later than 1 year after the date of enactment of this Act.", "summary": "Increases Medicare payments for certified nurse-midwife and certified midwife services. Amends SSA with regard to: (1) hospital conditions of participation with respect to certified nurse-midwives and certified midwives; (2) billing rights of such practitioners; and (3) payments for the services of such practitioners furnished in teaching hospitals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Justice Tax Fairness Act of 2013''. SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL DISCRIMINATION. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting before section 140 the following new section: ``SEC. 139E. AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL DISCRIMINATION. ``(a) In General.-- ``(1) Exclusion.--Gross income does not include amounts received by a claimant (whether by judgment or settlement and whether as lump sums or periodic payments) on account of a claim of unlawful discrimination. ``(2) Amounts covered.--For purposes of paragraph (1), the term `amounts' does not include-- ``(A) backpay or frontpay, as defined in section 1302(b), or ``(B) punitive damages. ``(b) Unlawful Discrimination Defined.--For purposes of this section, the term `unlawful discrimination' has the meaning given such term by section 62(e).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 140 the following new item: ``Sec. 139E. Amounts received on account of certain unlawful discrimination.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2012. SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. (a) In General.--Part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to income averaging) is amended by adding at the end the following new section: ``SEC. 1302. INCOME FROM BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. ``(a) General Rule.--If employment discrimination backpay or frontpay is received by a taxpayer during a taxable year, the tax imposed by this chapter for such taxable year shall not exceed the sum of-- ``(1) the tax which would be so imposed if-- ``(A) no amount of such backpay or frontpay were included in gross income for such year, and ``(B) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) in connection with making or prosecuting any claim of unlawful employment discrimination by or on behalf of the taxpayer, plus ``(2) the product of-- ``(A) the number of years in the backpay period and frontpay period, and ``(B) the amount by which the tax determined under paragraph (1) would increase if the amount on which such tax is determined were increased by the average annual net backpay and frontpay amount. ``(b) Definitions.--For purposes of this section-- ``(1) Employment discrimination backpay or frontpay.--The term `employment discrimination backpay or frontpay' means backpay or frontpay receivable (whether as lump sums or periodic payments) on account of a claim of unlawful employment discrimination. ``(2) Unlawful employment discrimination.--The term `unlawful employment discrimination' has the meaning provided the term `unlawful discrimination' in section 62(e). ``(3) Backpay and frontpay.--The terms `backpay' and `frontpay' mean amounts-- ``(A) which are includible in gross income in the taxable year as compensation which is attributable-- ``(i) in the case of backpay, to services performed, or that would have been performed but for a claimed violation of law, as an employee, former employee, or prospective employee before such taxable year for the taxpayer's employer, former employer, or prospective employer, and ``(ii) in the case of frontpay, to employment that would have been performed but for a claimed violation of law, in a taxable year or taxable years following the taxable year, and ``(B) which are received on account of a judgment or settlement resulting from a claim for a violation of law. ``(4) Backpay period.--The term `backpay period' means the period during which services are performed (or would have been performed) to which backpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(5) Frontpay period.--The term `frontpay period' means the period of foregone employment to which frontpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(6) Average annual net backpay and frontpay amount.--The term `average annual net backpay and frontpay amount' means the amount equal to-- ``(A) the excess of-- ``(i) employment discrimination backpay and frontpay, over ``(ii) the amount of deductions that would have been allowable but for subsection (a)(1)(B), divided by ``(B) the number of years in the backpay period and frontpay period.''. (b) Clerical Amendment.--The table of sections for part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 1301 the following new item: ``Sec. 1302. Income from backpay and frontpay received on account of certain unlawful employment discrimination.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2012. SEC. 4. INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION NOT TO INCREASE ALTERNATIVE MINIMUM TAX LIABILITY. (a) In General.--Section 55(c) of the Internal Revenue Code of 1986 (defining regular tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following: ``(3) Coordination with income averaging for amounts received on account of employment discrimination.--Solely for purposes of this section, section 1302 (relating to averaging of income from backpay or frontpay received on account of certain unlawful employment discrimination) shall not apply in computing the regular tax.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012.", "summary": "Civil Justice Tax Fairness Act of 2013 - Amends the Internal Revenue Code to allow: (1) an exclusion from gross income for amounts received (whether by judgment or settlement, as lump sums or periodic payments) on account of a claim of unlawful discrimination; (2) income averaging for backpay and frontpay amounts received from such claims; and (3) an exemption from the alternative minimum tax (AMT) for any tax benefit resulting from the income averaging of amounts received from an unlawful discrimination claim."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice and Understanding By International Loan Elimination and Equity Act of 2004'' or the ``JUBILEE Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many poor countries have been struggling under the burden of international debts for many years. (2) Many poor countries have debts that are odious because they were incurred by dictatorships that did not use the funds in ways that benefitted the population of the country. (3) The international Jubilee coalitions have been working to raise awareness of the needs of these impoverished countries for full debt cancellation. (4) The International Monetary Fund (IMF) has imposed onerous structural adjustment requirements on many poor countries as a condition of past loans and of participation in debt relief programs. (5) Justice requires that these countries receive full cancellation of their debts. SEC. 3. CANCELLATION OF DEBT OWED BY ELIGIBLE POOR COUNTRIES. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-8) is amended by adding at the end the following: ``SEC. 1626. CANCELLATION OF DEBT OWED BY ELIGIBLE POOR COUNTRIES. ``(a) In General.-- ``(1) Cancellation of debt.--In order to achieve multilateral debt cancellation and promote human and economic development and poverty alleviation in eligible poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as defined in section 1701(c)(2)), to accomplish the following: ``(A) Each international financial institution shall cancel all debts owed to the institution by eligible poor countries. To the extent possible, each institution shall finance the debt cancellation from their ongoing operations, procedures, and accounts. ``(B) Any waiting period before receiving debt cancellation shall not exceed 1 month from the date of an eligible poor country's application for debt cancellation. ``(C) The government of each eligible poor country shall be encouraged to allocate at least 20 percent of its national budget, including the savings from the cancellation of debt, for the provision of basic health care services, education services, and clean water services to individuals in the country. In providing such services, the government should seek input from a broad cross-section of members of civil society. ``(2) Establishment of framework for creditor transparency.--In order to ensure that creditor activity is known and assessed by all stakeholders, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as so defined), to ensure that each of such institutions-- ``(A) continues to make efforts to promote greater transparency regarding the activities of the institution, including project design, project monitoring and evaluation, project implementation, resource allocation, and decisionmaking; and ``(B) supports continued efforts to allow informed participation and input by affected communities, including translation of information on proposed projects, provision of information through information technology application, oral briefings, and outreach to and dialogue with community organizations and institutions in affected areas. ``(3) Availability on treasury department website of remarks of united states executive directors at meetings of international financial institutions' boards of directors.--The Secretary of the Treasury shall make available on the website of the Department of the Treasury the full record of the remarks of the United States Executive Director at meetings of the Board of Directors of the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as so defined), about cancellation or reduction of debts owed to the institution involved, with redaction by the Secretary of the Treasury of material deemed too sensitive for public distribution, but showing the topic, amount of material redacted, and reason for the redaction. ``(4) Report from the comptroller general.--Within 1 year after the date of the enactment of this section, the Comptroller General of the United States shall prepare and submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the availability of the ongoing operations, procedures, and accounts of the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as so defined) for canceling the debt of eligible poor countries. ``(5) Annual reports from the president.--Not later than December 31 of each year, the President shall submit to the Committees on Financial Services and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year. The report shall include a list of the countries that have received debt cancellation, a list of the countries whose request for such debt cancellation has been denied and the reasons therefor, and a list of the countries whose requests for such debt cancellation are under consideration. ``(b) Promotion of Equitable Burden Sharing.--In order to promote equitable burden sharing by bilateral, multilateral, and private creditors, the Secretary of the Treasury shall commence immediate efforts to ensure that such creditors draw upon their own resources to finance debt reduction to the extent possible without diverting funds from other high-priority poverty alleviation programs. ``(c) Eligible Poor Country Defined.--In this section, the term `eligible poor country' means Angola, Bangladesh, Benin, Bolivia, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Cote d'Ivoire, Democratic Republic of Congo, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Kenya, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Peru, Philippines, Republic of Congo, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, South Africa, Tanzania, Togo, Uganda, Vietnam, Yemen, and Zambia, but not if-- ``(1) the government of the country has an excessive level of military expenditures; ``(2) the government of the country has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); ``(3) the government of the country is failing to cooperate on international narcotics control matters; ``(4) the government of the country (including its military or other security forces) engages in a consistent pattern of gross violations of internationally recognized human rights; or ``(5) in the case of Haiti, the government of the country has not been elected through free and fair elections.''. SEC. 4. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-8) is further amended by adding at the end the following: ``SEC. 1627. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS. ``(a) Prohibition of Structural Adjustment Conditions.--In order to promote human and economic development and poverty alleviation in eligible poor countries (as defined in section 1626(c)), the Secretary of the Treasury shall commence immediate efforts within the Paris Club of Official Creditors, as well as the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as defined in section 1701(c)(2)), to ensure that the provision of debt cancellation to the countries is not conditioned on any agreement by such a country to implement or comply with policies that deepen poverty or degrade the environment, including any policy that-- ``(1) implements or extends user fees on primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, tuberculosis, malaria, and infant, child, and maternal well-being; ``(2) provides for increased cost recovery from poor people to finance basic public services such as education, health care, or sanitation; ``(3) would have the effect of increasing the cost to consumers with incomes of less than $2 per day for access to clean drinking water through-- ``(A) decreased public subsidy for water supply, treatment, disposal, distribution, or management; ``(B) reduced intrasectoral or intersectoral subsidization of residential water consumers with incomes of less than $2 per day; ``(C) reduced government ability to regulate; or ``(D) mandated privatization of water; or ``(4) undermines workers' ability to exercise effectively their internationally recognized worker rights, as defined under section 526(e) of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1995 (22 U.S.C. 262p-4p). ``(b) Annual Reports to the Congress.--Not later than December 31 of each year, the President shall submit to the Committees on Financial Services and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year.''.", "summary": "Justice and Understanding By International Loan Elimination and Equity (JUBILEE) Act of 2004 - Amends the International Financial Institutions Act to require the Secretary of the Treasury to commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and other international financial institutions (multilateral development institutions (MDI's)) to accomplish: (1) the cancellation of all debts owed to each institution by specified eligible poor countries, and the financing of such debt cancellation from the institution's ongoing operations, procedures, and accounts; (2) the limitation of any waiting period before receipt of debt cancellation to one month from the date of an eligible poor country's application for it; and (3) encouragement of the government of each eligible poor country to allocate at least 20 percent of its national budget, including the savings from such debt cancellation, for the provision of basic health care services, education services, and clean water services to individuals in the country. Sets forth requirements for: (1) establishment of a framework to ensure transparency regarding each international financial institution's activities; and (2) availability on the Treasury Department's website of U.S. Executive Directors' remarks at meetings of international financial institutions' Boards of Directors. Requires the Secretary to commence immediate efforts, within the Paris Club, the IMF, and other appropriate MDI's, to ensure that the provision of debt cancellation to such countries is not conditioned on any agreement by such a country to implement or comply with specified policies that deepen poverty or degrade the environment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Service Overseas Pay Equity Act of 2008''. SEC. 2. OVERSEAS COMPARABILITY PAY ADJUSTMENT. (a) Overseas Comparability Pay Adjustment.-- (1) In general.--Chapter 4 of the Foreign Service Act of 1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end the following: ``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT. ``(a) In General.--A member of the Service who is designated class 1 or below for purposes of section 403 and whose official duty station is not in the continental United States or in a nonforeign area shall receive, in accordance with the phase-in schedule set forth in subsection (c), the same locality-based comparability payment under section 5304 of title 5, United States Code (stated as a percentage) as would be payable to such member if such member's official duty station were in the District of Columbia. ``(b) Treatment as Basic Pay.--The amount of any locality-based comparability payment which is payable to a member of the Service under this section-- ``(1) shall be considered a part of the basic pay of such member for the purposes described in-- ``(A) section 5304(c)(2)(A) of title 5, United States Code; and ``(B) chapter 8 of this Act; and ``(2) shall be subject to any limitations on pay applicable to locality-based comparability payments under section 5304 of such title. ``(c) Phase-In.--The locality-based comparability payment payable to a member of the Service under this section shall be equal to-- ``(1) 33.33 percent of the payment which would otherwise apply under subsection (a) during the period beginning on the first day of the first pay period beginning on or after the earlier of April 1, 2009, or the date on which appropriations for fiscal year 2009 are made available pursuant to the enactment of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009, and ending on the last day of the last pay period in fiscal year 2009; ``(2) 66.67 percent of the payment which would otherwise apply under subsection (a) during the period beginning on the first day of the first pay period in fiscal year 2010 and ending on the last day of the last pay period in fiscal year 2010; and ``(3) 100 percent of the payment determined under subsection (a), beginning on the first day of the first pay period in fiscal year 2011. ``(d) Nonforeign Area Defined.--As used in this section, the term `nonforeign area' means 1 of the areas listed in section 591.205 of title 5, Code of Federal Regulations.''. (2) Conforming amendment.--The table of contents under section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 414 the following: ``Sec. 415. Overseas comparability pay adjustment.''. (b) Conforming Amendments Relating to the Foreign Service Retirement Systems.-- (1) Contributions to the fund.-- (A) In general.--Section 805(a) of the Foreign Service Act of 1980 (22 U.S.C. 4045(a)) is amended-- (i) in paragraph (1)-- (I) by striking ``7.25 percent'' and inserting ``7 percent''; and (II) by striking ``The contribution by the employing agency'' and all that follows through ``and shall be made'' and inserting ``An equal amount shall be contributed by the employing agency''; (ii) in paragraph (2)-- (I) in subparagraph (A), by striking ``, plus an amount equal to .25 percent of basic pay''; and (II) in subparagraph (B), by striking ``, plus an amount equal to .25 percent of basic pay''; and (iii) in paragraph (3), by striking ``, plus .25 percent''. (B) Effective date.--The amendments made by subparagraph (A) shall take effect on the first day of the first pay period beginning on or after October 1, 2010. (2) Computation of annuities.--Section 806(a)(9) of the Foreign Service Act of 1980 (22 U.S.C. 4046(a)(9)) is amended by striking ``is outside the continental United States shall'' and inserting ``was outside the continental United States during the period beginning on December 29, 2002, and ending on the day before the first day of the first pay period beginning on or after October 1, 2010 (or during any portion of such period) shall, to the extent that such computation is based on the basic salary or basic pay of such member for such period (or portion of such period),''. (3) Entitlement to annuity.--Section 855(a)(3) of the Foreign Service Act of 1980 (22 U.S.C. 4071d(a)(3)) is amended-- (A) by striking ``section 8414'' and inserting ``section 8415''; and (B) by striking ``is outside the continental United States shall'' and inserting ``was outside the continental United States during the period beginning on December 29, 2002, and ending on the day before the first day of the first pay period beginning on or after October 1, 2010 (or during any portion of such period) shall, to the extent that such computation is based on the basic salary or basic pay of such member for such period (or portion of such period),''. (4) Deductions and withholdings from pay.--Section 856(a)(2) of such Act (22 U.S.C. 4071e(a)(2)) is amended to read as follows: ``(2) The applicable percentage under this subsection shall be as follows: ``Percentage Time Period 7.5 Before January 1, 1999. 7.75 January 1, 1999, to December 31, 1999. 7.9 January 1, 2000, to December 31, 2000. 7.55 January 11, 2003, to the day before the first day of the first pay period beginning on or after October 1, 2010. 7.5 Beginning on the first day of the first pay period beginning on or after October 1, 2010.''. (c) Reporting Requirement.--Not later than October 1, 2010, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Oversight and Government Reform of the House of Representatives that includes-- (1) an assessment of all allowances provided to members of the Foreign Service under the Foreign Service Act of 1980 or under title 5, United States Code; and (2) an explanation of how such allowances have been or will be affected by the amendments to the Foreign Service Act of 1980 made under this Act. SEC. 3. DEATH GRATUITY. Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C. 3973(a)) is amended by striking ``at the time of death'' and inserting ``at level II of the Executive Schedule under section 5313 of title 5, United States Code, at the time of death. If the deceased employee was compensated under a local compensation plan established under section 408, the amount of such gratuity shall be equal to the greater of 1 year's salary at the time of death or 1 year's salary at the highest step of the highest grade on the local compensation plan from which the employee was being paid at the time of death''.", "summary": "Foreign Service Overseas Pay Equity Act of 2008 - Amends the Foreign Service Act of 1980 to: (1) extend comparability pay adjustments to Foreign Service members assigned abroad; and (2) amend the death gratuity computation payable to surviving dependents of Foreign Service employees who die from injuries sustained in the performance of duty abroad."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Remediation Waste Act''. SEC. 2. REMEDIATION WASTE MANAGEMENT. (a) In General.--Section 3004 of the Solid Waste Disposal Act is amended by adding the following new subsection at the end thereof: ``(z) Remediation Waste Management.-- ``(1) Definition.--As used in this subsection, the term `remediation waste' means all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris that contain listed hazardous wastes or that themselves exhibit a hazardous characteristic and are managed for implementing cleanup. ``(2) Coverage of subsection.--Nothing in this subsection shall apply to any solid waste that is not regulated under other provisions of this subtitle. ``(3) Alternative requirements.--As provided in this subsection the Administrator may provide alternative requirements for management of remediation waste in lieu of restrictions under this section or subsections (a) through (e) of section 3005 where appropriate. Such alternative requirements shall be protective of human health and the environment and shall, to the extent feasible, remove disincentives to remediation, streamline regulation, and achieve greater flexibility for State remediation programs. The Administrator may not use the authority of this paragraph to remove or diminish any existing waiver, variance, or exemption from otherwise applicable restrictions on the management of remediation waste. ``(4) EPA rules.--The rules promulgated by the Administrator on November 30, 1998 (63 FR 65874) and on February 16, 1993 (58 FR 8658), as modified on November 30, 1998, shall be deemed to satisfy the requirements of paragraph (3) of this subsection and shall remain in effect unless the Administrator takes action under this subsection to modify such rules. The Administrator shall not publish any proposal to modify the rules referred to in this paragraph before submitting a Report to Congress identifying problems associated with the implementation of such rules. Any such report shall be prepared in consultation with State Governors and after notice and opportunity for public comment on a draft report. ``(5) Land disposal.--Notwithstanding any other provision of this subtitle or any rules adopted pursuant to this subtitle, placement of remediation waste in temporary units, staging piles, or corrective action management units designated under Federal or State authorities shall not be deemed to be engaging in land disposal (as defined in section 3004(k)) and shall not be subject to requirements under section 3004(d), (e), (f), (g), (m), (o)(1)(A), or (o)(2) through (7). ``(6) Additional flexibility and clarification.-- Notwithstanding the rules referred to in paragraph (4), and where appropriate and protective of human health and the environment-- ``(A) temporary units and staging piles may also be designated at another location owned or operated by a person engaged in remediation at the first location to facilitate consolidated management of wastes; ``(B) corrective action management units at one remediation waste management site may be designated to receive remediation waste from another remediation waste management site; and ``(C) a staging pile may be designated and allow for mixing or blending for the primary purposes of consolidation or enhancement of subsequent waste management. ``(7) Authorization for remediation waste management activities.-- ``(A) Authorization mechanisms.--Notwithstanding any other provision of this subtitle, remediation waste management units or activities may be authorized through permits, interim status, orders, or other authorization available under this subtitle, subject to the applicable requirements of this subtitle. Where other provisions of Federal or State law waive the requirement for permits or interim status, remediation waste management activities or units are authorized under this paragraph. ``(B) Effect of authorization.--No authorization, application for authorization, or activity authorized under this paragraph for remediation waste management shall itself subject a person to the requirements of section 3004(u), 3004(v) or section 3008(h).''. (b) Alternative State Remediation Waste Programs.--Section 3006 of the Solid Waste Disposal Act is amended by adding the following at the end thereof: ``(i) Alternative State Remediation Waste Programs.-- ``(1) State submission.-- ``(A) Submission.--(i) At any time after the enactment of this subsection, a State or State agency may administer and enforce a program for management of remediation waste pursuant to a program authorized under subsection (b) or (c) or under a program authorized under this subsection. ``(ii) A State or State agency may submit to the Administrator a demonstration, supported by such documentation as the State considers to be appropriate, that the State has an effective State program for the management of remediation wastes under this subsection which includes each of the following: ``(I) Statutory and regulatory authority to control the management of remediation wastes from generation to disposal in a manner that protects human health and the environment. ``(II) Resources in place to administer and enforce those authorities. ``(III) Procedures to ensure public notice and opportunity for comment as appropriate. ``(B) Determination of approval.-- ``(i) In general.--Not later than 12 months after the date on which a State submits to the Administrator a demonstration under subparagraph (A), after public notice and opportunity for comment, the Administrator shall issue to the State and publish in the Federal Register a determination that-- ``(I) the demonstration meets all of the criteria in subparagraph (A), and the State program is finally authorized under this subsection; or ``(II) the demonstration fails to meet one or more of the criteria stated in subparagraph (A), stating with particularity the elements of the State program that are considered to be deficient. ``(ii) Untimely review.--If the Administrator does not issue a determination under clause (i) within 18 months after the date on which a State submits to the Administrator a demonstration under subparagraph (A), the demonstration shall be considered to meet all of the criteria stated in subparagraph (A), and the State program shall be treated as finally authorized under this subsection. ``(2) Effect of authorization of state program.--Upon authorization of a State remediation waste management program under this subsection, such State may to carry out such program in lieu of the Federal program under this subtitle in such State unless such authorization is withdrawn as provided in subsection (e).''.", "summary": "Brownfields Remediation Waste Act - Amends the Solid Waste Disposal Act (the Act) to authorize the Administrator of the Environmental Protection Agency to provide alternative requirements for management of remediation waste in lieu of restrictions under the Act or this Act. Defines \"remediation waste\" as all solid and hazardous wastes and all media and debris that contain listed hazardous wastes or that themselves exhibit a hazardous characteristic and are managed for implementing cleanup. Provides that such requirements shall be protective of health and the environment and remove disincentives to remediation, streamline regulation, and achieve greater flexibility for State remediation programs. Deems specified rules regarding hazardous remediation waste management promulgated by the Administrator on November 30, 1998, to be alternative requirements and to remain in effect unless the Administrator takes action to modify such rules. Prohibits the Administrator from publishing any proposal to modify such rules before reporting to Congress on problems associated with their implementation. Provides that placement of remediation waste in temporary units, staging piles, or corrective action management units designated under Federal or State authorities shall not be deemed to be engaging in land disposal and shall not be subject to specified requirements under the Act regarding hazardous waste management. Authorizes, notwithstanding the rules of November 30, 1998, and where protective of health and environment, the designation of: (1) temporary units and staging piles at another location owned or operated by a person engaged in remediation at the first location to facilitate consolidated waste management; (2) corrective action management units at one remediation waste management site to receive remediation waste from another such site; and (3) a staging pile to allow for mixing or blending for the primary purposes of subsequent waste consolidation or enhancement. Allows remediation waste management units or activities to be authorized through permits, interim status, orders, or other authorization available under the Act. Permits States to administer and enforce remediation waste management programs pursuant to programs authorized under the Act or this Act. Sets forth required elements of such programs. Authorizes States with approved programs to carry out such programs in lieu of the Federal program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Policy and Posture Review Act of 2007''. SEC. 2. REVISED NUCLEAR POLICY REVIEW AND NUCLEAR POSTURE REVIEW. (a) Nuclear Policy Review.-- (1) In general.--The President shall conduct a nuclear policy review to consider a range of options on the role of nuclear weapons in United States security policy. The policy review shall be coordinated by the National Security Advisor and shall include the Secretary of State, the Secretary of Energy, the Secretary of Defense, the Director of National Intelligence, the Director of the Office of Management and Budget, and the Director of the Office of Science and Technology Policy. (2) Scope of review.--The nuclear policy review conducted under paragraph (1) shall-- (A) address the role and value of nuclear weapons in the current global security environment; (B) set forth short-term and long-term objectives of United States nuclear weapons policy; (C) consider the contributions of the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (commonly referred to as the ``Nuclear Non-Proliferation Treaty''), to United States national security, and include recommendations for strengthening the Treaty; (D) explore the relationship between the nuclear policy of the United States and nonproliferation and arms control objectives and international treaty obligations, including obligations under Article VI of the Nuclear Non-Proliferation Treaty; (E) determine the role and effectiveness of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms, signed at Moscow July 31, 1991 (commonly referred to as the ``START I Treaty''), and the Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions, done at Moscow May 24, 2002 (commonly referred to as the ``Moscow Treaty''), in achieving the national security and nonproliferation goals of the United States and in implementing United States military strategy, and describe the elements of a recommended successor treaty, including verification provisions; and (F) provide policy guidance and make recommendations for the nuclear posture review to be conducted under subsection (b). (3) Outside input.--The policy review shall include contributions from outside experts and, to the extent possible, shall include public meetings to consider a range of views. (b) Nuclear Posture Review.-- (1) In general.--Following completion of the nuclear policy review under subsection (a), the Secretary of Defense shall conduct a comprehensive review of the nuclear posture of the United States to clarify United States nuclear deterrence policy and strategy. The Secretary shall conduct the review in collaboration with the Secretary of Energy, the Secretary of State, the Director of National Intelligence, and the National Security Advisor. (2) Elements of review.--The nuclear posture review conducted under paragraph (1) shall include the following elements: (A) The role of nuclear forces in United States military strategy, planning, and programming, including the extent to which conventional forces can assume roles previously assumed by nuclear forces. (B) The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture, in light of the guidance provided by the nuclear policy review conducted under subsection (a). (C) The targeting strategy required to implement effectively the guidance provided by the nuclear policy review conducted under subsection (a). (D) The levels and composition of the nuclear delivery systems that will be required for implementing the United States national and military strategy, including any plans for removing, replacing, or modifying existing systems. (E) The nuclear weapons complex that will be required for implementing the United States national and military strategy, including any plans to consolidate, modernize, or modify the complex. (F) The active and inactive nuclear weapons stockpile that will be required for implementing the United States national and military strategy, including any plans for replacing or modifying warheads. (G) An account of the different nuclear postures considered in the review and the reasoning for the selection of the nuclear posture. (c) Reports Required.-- (1) Nuclear policy review.--Not later than September 1, 2009, the President shall submit to Congress a report on the results of the nuclear policy review conducted under subsection (a). (2) Nuclear posture review.--Not later than March 1, 2010, the President shall submit to Congress a report on the results of the nuclear posture review conducted under subsection (b). (3) Form.--Each report required under this subsection shall be submitted in unclassified form, but may contain a classified annex. (d) Sense of Congress on Use of Nuclear Posture Review.--It is the sense of Congress that the nuclear policy review conducted under subsection (a) should be used as the basis for establishing future strategic arms control objectives and negotiating positions of the United States. (e) Restriction on Funding of Reliable Replacement Warhead Program.--Notwithstanding any other provision of law, no funds may be appropriated or otherwise made available for the Reliable Replacement Warhead Program for fiscal years 2008, 2009, or 2010 until the reports required under subsection (c) have been submitted to Congress.", "summary": "Nuclear Policy and Posture Review Act of 2007 - Directs the President to conduct a nuclear policy review to consider a range of options on the role of nuclear weapons in U.S. security policy. Requires the Secretary of Defense to conduct a comprehensive review of the U.S. nuclear posture to clarify U.S. nuclear deterrence policy and strategy. Expresses the sense of Congress that the President's review should be used as the basis for establishing future U.S. strategic arms control objectives and negotiating positions. Prohibits the appropriation or availability of funds for the Reliable Replacement Warhead Program for FY2008-FY2010 until reports on the above reviews have been submitted to Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Weekends Without Hunger Act''. SEC. 2. WEEKENDS AND HOLIDAYS WITHOUT HUNGER. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(j) Weekends and Holidays Without Hunger.-- ``(1) Definitions.--In this subsection: ``(A) At-risk school child.--The term `at-risk school child' has the meaning given the term in section 17(r)(1). ``(B) Eligible institution.-- ``(i) In general.--The term `eligible institution' means a public or private nonprofit institution that is determined by the Secretary to be able to meet safe food storage, handling, and delivery standards established by the Secretary. ``(ii) Inclusions.--The term `eligible institution' includes-- ``(I) an elementary or secondary school or school food service authority; ``(II) a food bank or food pantry; ``(III) a homeless shelter; and ``(IV) such other type of emergency feeding agency as is approved by the Secretary. ``(2) Establishment.--Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall establish a program under which the Secretary shall provide commodities, on a competitive basis, to eligible institutions to provide nutritious food to at-risk children on weekends and during extended school holidays during the school year. ``(3) Eligibility.-- ``(A) In general.--To be eligible to receive commodities under this subsection, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine. ``(B) Plan.--An application under subparagraph (A) shall include the plan of the eligible institution for the distribution of nutritious foods to at-risk school children, including-- ``(i) methods of food service delivery to at-risk school children; ``(ii) assurances that children receiving foods under the project will not be publicly separated or overtly identified; ``(iii) lists of the types of food to be provided under the project and provisions to ensure food quality and safety; ``(iv) information on the number of at-risk school children to be served and the per-child cost of providing the children with food; and ``(v) such other information as the Secretary determines to be necessary to assist the Secretary in evaluating projects that receive commodities under this subsection. ``(4) Priority.--In selecting applications under this subsection, the Secretary shall give priority to eligible institutions that-- ``(A) have on-going programs and experience serving populations with significant proportions of at-risk school children; ``(B) have a good record of experience in food delivery and food safety systems; ``(C) maintain high quality control, accountability, and recordkeeping standards; ``(D) provide children with readily consumable food of high nutrient content and quality; ``(E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non- Federal sources to carry out projects; and ``(F) demonstrate the ability to continue projects for the full approved term of the pilot project period. ``(5) Guidelines.-- ``(A) In general.--The Secretary shall issue guidelines containing the criteria for projects to receive commodities under this section. ``(B) Inclusions.--The guidelines shall, to the maximum extent practicable within the funds available and applications submitted, take into account-- ``(i) geographical variations in project locations to include qualifying projects in rural, urban, and suburban areas with high proportions of families with at-risk school children; ``(ii) different types of projects that offer nutritious foods on weekends and during school holidays to at-risk school children; and ``(iii) institutional capacity to collect, maintain, and provide statistically valid information necessary for the Secretary-- ``(I) to analyze and evaluate the results of the pilot project; and ``(II) to make recommendations to Congress. ``(6) Evaluation.-- ``(A) Interim evaluation.--Not later than November 30, 2013, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection. ``(B) Final report.--Not later than December 31, 2015, the Secretary shall submit to Congress a final report that contains-- ``(i) an evaluation of the pilot program carried out under this subsection; and ``(ii) any recommendations of the Secretary for legislative action. ``(7) Funding.-- ``(A) Authorization of appropriations.--There is authorized to be appropriated to carry out this section such sums as are necessary, to remain available until expended. ``(B) Availability of funds.--Not more than 3 percent of the funds made available under subparagraph (A) may be used by the Secretary for expenses associated with review of the operations and evaluation of the projects carried out under this subsection.''. Passed the House of Representatives December 8, 2010. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Weekends Without Hunger Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture, subject to the availability of appropriations, to implement a pilot program providing commodities, on a competitive basis, to nonprofits for the provision of nutritious food to at-risk school children on weekends and during extended school holidays during the school year. (At-risk school children are those who participate in the school lunch program and reside in an area served by a school in which at least 50% of the students receive free or reduced price meals under the school lunch or breakfast programs.) Includes elementary and secondary schools, school food authorities, food banks or pantries, homeless shelters, and other Secretary-approved emergency feeding agencies as eligible nonprofit recipients of such commodities. Requires commodity recipients to satisfy safe food storage, handling, and delivery standards established by the Secretary. Directs the Secretary to: (1) complete an interim evaluation of the pilot program by November 30, 2013; and (2) submit a final report to Congress by December 31, 2015, that contains an evaluation of such program and any recommendations the Secretary may have for legislative action. Authorizes appropriations for the pilot program."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Medicare Drug Card Guaranteed Savings Act''. (b) Findings.--Congress finds the following: (1) Americans who buy their own prescription drugs often pay twice as much for prescription drugs as consumers in foreign nations or as the price the Department of Veterans Affairs obtains by negotiating directly with the pharmaceutical manufacturers. In some cases, older Americans pay 10 times more for prescription drugs than such customers. Prescription drug prices have increased 3.4 percent during the first quarter of 2004, nearly three times the rate of inflation. (2) The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law No: 108-173) established a program for the endorsement of medicare drug discount card programs in order to provide for reduced prices for drugs for medicare beneficiaries and provide a subsidy for low-income medicare beneficiaries. (3) There are currently more than 70 endorsed medicare drug discount card programs. Medicare drug discount card programs can change the drugs that they offer and the size of the discounts every seven days. Medicare beneficiaries are allowed to change their current medicare drug discount card program only once, during an annual enrollment period between November 15 and December 31, 2004. (4) Enrollment in medicare drug discount card programs has been less than projected due to the complexity of the programs, the limited number of drugs covered under most programs, the changing prescription drug needs of beneficiaries, and beneficiaries' concern that the programs do not guarantee real savings on prescription drug purchases. As of July 19, 2004, fewer than 14 percent of low-income medicare beneficiaries who qualify for the $600 subsidy under the law have enrolled in a medicare drug discount card program. (5) Currently, medicare discount drug card sponsors are required to pass on to enrollees only an undefined ``share'' of the rebates they secure from drug manufacturers and card sponsors can use the remaining savings for administrative costs and profit. The law does not require the sponsors to reveal to enrollees the size of the rebates secured from drug manufacturers or to disclose what portion of those rebates are kept by the sponsors and not passed on to enrollees. (6) There is a need for a Federal national medicare prescription drug discount card program that offers guaranteed discounts on all prescription drugs and that aggregates the buying power of all medicare beneficiaries in order to negotiate significant reductions in price. SEC. 2. OFFERING OF FEDERAL NATIONAL PRESCRIPTION DRUG DISCOUNT CARD PROGRAM. (a) Offering of Program.-- (1) In general.--Subsection (a)(1) of section 1860D-31 of the Social Security Act (42 U.S.C. 1395w-141) is amended-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) to provide for the offering of a Federal national prescription drug discount card program that is available for discount card eligible individuals throughout the United States (including the territories) and that meets the requirements under subsection (l)(1) in addition to the requirements otherwise applicable to an endorsed discount card program.''. (2) Exclusive program in 2005.--Subsection (c)(1)(C) of such section is amended-- (A) in clause (i), by striking ``clauses (ii) and (iii)'' and inserting ``clauses (ii) through (iv)''; and (B) by adding at the end the following new clause: ``(iv) Limitation to enrollment in federal national prescription drug discount card program in 2005.--Notwithstanding any other provision of this section, for periods beginning with January 1, 2005, the only discount card program in which an individual may be enrolled under this section shall be the Federal national prescription drug discount card program described in subsection (l). Individuals enrolled in another program as of December 31, 2004, who do not affirmatively disenroll from all discount card programs under this section are deemed to be enrolled in such Federal national prescription drug discount card program.''. (b) Additional Program Requirements.--Such section is further amended by adding at the end the following new subsection: ``(l) Provisions Relating to Federal National Prescription Drug Discount Card Program.-- ``(1) Additional requirements.--The Federal national prescription drug discount card program described in subsection (a)(1)(C) shall also meet the following requirements: ``(A) Discounted prices.--Through direct negotiations with prescription drug manufacturers, the discounted prices offered under the program shall be less than prices otherwise available in the retail market. Through such negotiations, the Secretary shall obtain discounted prices that are at least as low as the manufacturer's average foreign price (as defined in paragraph (3)) for the drug involved. ``(B) Passing through all savings.--The full amount of discounted savings are passed through to enrollees. ``(C) Fee for card.--The annual fee for enrollment in the program shall be $30 (except as provided under subparagraphs (E) through (G) of subsection (c)(1)), which fees shall be available to the Secretary for administrative expenses in offering such program. ``(D) National availability.--The program shall be made available to individuals residing anyplace in the United States. ``(E) Handling fee for pharmacists.--The program shall be designed to provide for a reasonable handling fee for pharmacists in connection with the provision of drugs obtained under the program and shall be approximately equal to the average handling fee for pharmacists of other large insurance plans that administer drug benefits. ``(2) Oversight.--The oversight authority of the Secretary under subsection (i)(2) with respect to such Federal national prescription drug discount card program shall be exercised by the Inspector General of the Department of Health and Human Services. ``(3) Average foreign price defined.-- ``(A) In general.--For purposes of this subsection, the term `average foreign price' means, with respect to a covered discount card drug, the average price that the manufacturer of the drug realizes on the sale of drugs with the same active ingredient or ingredients that are consumed in Canada, France, Germany, Italy, Japan, and the United Kingdom, taking into account-- ``(i) any rebate, contract term or condition, or other arrangement (whether with the purchaser or other persons) that has the effect of reducing the amount realized by the manufacturer on the sale of the drugs; ``(ii) adjustments for any differences in dosage, formulation, or other relevant characteristics of the drugs; and ``(iii) any other contract or side agreement that has the effect of adjusting the effective price of the drug, including agreements to purchase non-drug products. ``(B) Exempt transactions.--The Secretary may, by regulation, exempt from the calculation of the average foreign price of a drug those prices realized by a manufacturer in transactions that are entered into for charitable purposes, for research purposes, or under other unusual circumstances, if the Secretary determines that the exemption is in the public interest and is consistent with the purposes of this section.''. (c) Conforming Amendments.--Such section is further amended-- (1) in subsection (h)(1)(A), by adding after and below clause (v) the following new sentence: ``Such term also includes the Secretary with respect to the offering of the Federal national prescription drug discount card program described in subsection (a)(1)(C).''; (2) in subsection (h)(2)(A), by adding at the end the following: ``The Secretary shall establish a separate procedure for the qualification of the Federal national prescription drug discount card program described in subsection (a)(1)(C).''; and (3) in subsection (k)(6), by inserting before the period at the end the following: ``, except in the case of the Federal national prescription drug discount card program described in subsection (a)(1)(C)''. (d) Implementation.-- (1) Availability of funds.--Notwithstanding any other provision of law, funds provided under section 1015 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) shall be available to the Secretary of Health and Human Services for reasonable administrative costs in offering the Federal national prescription drug discount card program described in section 1860D-31(a)(1)(C) of the Social Security Act, as added by subsection (a). (2) Timely implementation.--The Secretary shall take such steps as may be required to provide for the offering of such program during the annual open enrollment period occurring in November, 2004.", "summary": "Medicare Drug Card Guaranteed Savings Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to provide for the offering of a Federal national prescription drug discount card program. Charges a $30 fee for the card under the program. Provides for direct negotiations by the Secretary of Health and Human Services with prescription drug manufacturers to obtain discount prices that are to be less than prices otherwise available in the retail market. Provides that: (1) for periods beginning with January 1, 2005, the only discount card program in which an individual may be enrolled shall be the Federal national prescription drug discount card program; and (2) individuals enrolled in another program as of December 31, 2004, who do not affirmatively disenroll from all discount card programs are deemed to be enrolled in such Federal national prescription drug discount card program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Supply and Value Enhancement Act'' or the ``Pharmaceutical SAVE Act''. SEC. 2. TEMPORARY IMPORTATION OF PRESCRIPTION DRUGS. (a) Temporary Importation.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended-- (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following: ``(h) Temporary Importation Authority.-- ``(1) In general.--If, based on notifications described in subsection (a) or any other relevant information, the Secretary concludes that there is, or is likely to be, a drug shortage of a drug described in subsection (a), except as provided in paragraph (3), the Secretary shall authorize importation of such drug for a period of up to 3 years if-- ``(A) the drug is a drug subject to section 503(b)(1), other than a drug described in subparagraphs (A) through (F) of section 804(a)(3); ``(B) the drug is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1); ``(C) the imported drug has the same active ingredient as the drug for which there is a shortage described in subsection (i)(2)(B) with respect to manufacturers in the United States; ``(D) the manufacturer certifies to the Secretary that it intends to seek approval of the drug under section 505(j); and ``(E) an importer (as defined in section 804(a)) files with the Secretary information-- ``(i) attesting that the requirements under subparagraphs (A) through (D) are satisfied; ``(ii) identifying the drug the importer proposes to import and the manufacturer from whom the importer proposes to import such drug; and ``(iii) requesting authority to import the drug. ``(2) Beginning date of importation.--If all of the conditions under paragraph (1) are met, the Secretary shall authorize importation of a drug in accordance with such paragraph beginning not later than 60 days after receipt of the information under paragraph (1)(E). ``(3) Discretionary denial of importation.--The Secretary may deny importation of a drug otherwise qualified for importation under paragraph (1) if the Secretary determines that-- ``(A) the drug is not safe and effective; ``(B) the drug is used in conjunction with a device for which there is no reasonable assurance of safety and effectiveness; or ``(C) the authorization to market the drug in one or more of the countries included in the list under section 802(b)(1) has been rescinded or withdrawn because of any concern relating to the safety or effectiveness of the drug. ``(4) Termination of authority.--The authority to import a drug pursuant to paragraph (1) shall terminate after 3 years, or when the drug shortage no longer applies, whichever occurs first.''. (b) Noncompetitive Drug Markets.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C-1 the following: ``SEC. 506C-2. NONCOMPETITIVE DRUG MARKETS. ``(a) In General.--If the Secretary determines under subsection (b) that a noncompetitive market exists with respect to an applicable drug, the Secretary-- ``(1) shall treat such noncompetitive market as creating a drug shortage for purposes of section 506C(g), and may expedite the review of applications and inspections in accordance with such subsection; and ``(2) shall treat such noncompetitive market as creating a drug shortage for purposes of section 506C(h), and shall authorize importation of the drug in accordance with such subsection. ``(b) Determination of Noncompetitive Market.-- ``(1) In general.--The Secretary shall determine that a noncompetitive market exists with respect to an applicable drug if-- ``(A) for at least 2 consecutive months prior to the determination, fewer than 5 drugs approved under section 505(c) (referred to in this paragraph as the `applicable listed drug') or under section 505(j) that reference the applicable listed drug were commercially available in the United States; ``(B) the applicable listed drug was approved at least 10 years before such determination; and ``(C) each patent which claims an active ingredient of the applicable listed drug has expired. ``(2) Commercially available.-- ``(A) In general.--For purposes of paragraph (1)(A), a drug is not commercially available in the United States if-- ``(i) the holder of an application approved under subsection (c) or (j) of section 505 has publicly announced that it has discontinued the manufacturing of the drug; ``(ii) a drug approved under subsection (c) or (j) of section 505 has been withdrawn or discontinued; or ``(iii) the Secretary has any other reasonable basis to conclude that a drug approved under subsection (c) or (j) of section 505 is not competitively relevant. ``(B) Holder of approved application.--In determining whether 5 drugs are commercially available under paragraph (1)(A), in the case of a single person who is the holder of more than 1 application approved as described in paragraph (1)(A) with respect to an applicable drug, only 1 such drug shall be considered to be commercially available. ``(c) Applicable Drug.--In this section, the term `applicable drug' means a drug that is not a radio pharmaceutical drug product or any other product as designated by the Secretary.''. (c) Annual Reporting on Drug Shortages.--Section 506C-1(a)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c-1(a)(3)(B)) is amended-- (1) in clause (i), by striking ``; and'' and inserting ``;''; (2) in clause (ii), by adding ``and'' after the semicolon; and (3) by inserting after clause (ii) the following: ``(iii) the number of drugs authorized for temporary importation under section 506C(h);''.", "summary": "Pharmaceutical Supply and Value Enhancement Act or the Pharmaceutical SAVE Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to authorize importation of life-saving drugs for which there is, or is likely to be, a shortage. For a drug to be imported, the drug's manufacturer must intend to seek FDA approval of the drug as a generic drug. The FDA may deny importation of a drug for reasons related to safety or effectiveness. Drugs in noncompetitive markets must be treated as being in a shortage for purposes of this bill and for purposes of expedited inspections and review. A drug is in a noncompetitive market if: (1) there are fewer than five holders of approved applications for commercially available brand name or generic versions of the drug, (2) the drug has been approved for at least 10 years, and (3) patents on the active ingredient of the drug have expired."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Local School Board Governance and Flexibility Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the responsibility for education resides with the States, which have delegated to local school boards the power and authority to adopt policies, establish priorities, and provide accountability to direct the operation of neighborhood schools; (2) local school boards are held accountable by local voters to represent the interests of students, parents, local businesses, civic organizations, taxpayers, and the community at large in determining, subject to State laws and policies, the direction, values, climate, and financial support of the schools in their community; (3) the vital national interest in local self-governance of local educational agencies has been weakened through Department of Education requirements that are either unnecessary to achieve the specific direction of legislation enacted by Congress, or that impose unnecessary limits on the flexibility needed by local educational agencies in order to meet local, State, and Federal goals in education; and (4) to support the local decisionmaking function of local educational agencies, the Secretary of Education should engage only in issuing regulations, rules, grant conditions, guidance materials, and other requirements under the jurisdiction of the Department that are-- (A) specifically required to implement Federal legislation; and (B) demonstrated to be educationally, operationally, and financially within the capacity of local educational agencies to implement. SEC. 3. AUTHORITY OF THE SECRETARY. Unless specifically authorized by Federal law, the Secretary may not issue a Federal regulation, rule, grant condition, guidance material, or other requirement pertaining to a State educational agency or a local educational agency that-- (1) conflicts with the power and authority of the local educational agency delegated by the State regarding the operation of the schools (including the school system's mission and goals, organization, local budget and budget priorities, education program, curriculum, or extra-curricular activities), student health services and safety, transportation and school boundaries, procurement policies, staffing and personnel policies, capital construction, authority to levy taxes, issue bonds, and acquire land, and other functions essential to the daily operation of the schools within the jurisdiction of the local educational agency; (2) results in additional costs to the local educational agency for reporting, grant administration, and general operations, unless fully funded from Federal funds; (3) conflicts with the power and authority of the local educational agency to determine how to engage or act upon community participation and advice; (4) imposes requirements on a local educational agency or State educational agency that would limit or adversely affect the authority of the local educational agency or State educational agency to function as a legislative, executive, or quasi-judicial agency; (5) conflicts with the authority of-- (A) a State to determine the appropriate governance structure of-- (i) the State educational agency; or (ii) the State's local educational agencies; or (B) a State educational agency or local educational agency to determine the appropriate governance and management of the schools that the State educational agency or local educational agency serve; (6) establishes reporting requirements for State educational agencies or local educational agencies that duplicate existing Federal requirements or that are issued without first conducting a fiscal impact statement related to the costs to State educational agencies or local educational agencies, as the case may be, including requests for data and recommendations from State educational agencies or local educational agencies and national education organizations consistent with the provisions of section 4(a); or (7) places conditions or requirements on a grant to a State or local educational agency that are not directly related to, or that do not directly support, the intent of the specific purpose of the grant or the legislation authorizing such grant. SEC. 4. OPPORTUNITY FOR COMMENT REGARDING LOCAL IMPACT. (a) In General.--During each fiscal year (beginning with the fiscal year following the fiscal year in which this Act is enacted), the Secretary of Education shall provide local educational agencies and the major national education organizations, including those representing local school boards, local school superintendents, principals, and teachers, a minimum of 60 days in order to provide written comments regarding the local impact of implementing Federal regulations, rules, grant conditions, guidance materials, or other requirements for any applicable program or activity of the Secretary. (b) Report.--The Secretary of Education shall prepare and publish a report based on the comments received pursuant to subsection (a), which shall be forwarded to the chairs and ranking members of the Education and Workforce Committee of the House of Representatives and the Health, Education, Labor and Pensions Committee of the Senate not later than July 1 of each year and shall be simultaneously posted on the Department of Education's website. SEC. 5. EFFICIENCY IN IMPLEMENTING FEDERAL PROGRAMS. (a) Eliminating Reporting Duplications.--Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall conduct a review of existing reporting requirements applicable to local educational agencies resulting from programs and activities under the jurisdiction of the Department of Education to determine duplications and make modifications as necessary to eliminate such reporting duplications. (b) Prohibition.--The Secretary may not promulgate any regulation, rule, guidance material, grant condition, or other requirement pertaining to a State educational agency or a local educational agency, without first taking the following actions: (1) Requesting data and recommendations from State educational agencies, local educational agencies, and the major national education organizations representing chief State school officers, local school boards, local school superintendents, principals, and teachers regarding the educational, financial, and operational costs involved for implementation, and publishing the data and recommendations provided upon issuance of such regulation, rule, guidance material, grant condition, or other requirement and posting that information on the Department of Education's website. (2) Verifying, based on the data set forth in paragraph (1), that local educational agencies will have the financial resources and the technical assistance such agencies may need to successfully implement the regulation, rule, guidance material, grant condition, or other requirement, including any Federal requirement that would extend beyond the time that Federal assistance is available for that purpose. (3) Providing State educational agencies, local educational agencies, and the national education organizations identified in paragraph (1) with not less than 60 days notice following the Secretary's publication of a notice of intent to issue any regulation, rule, guidance material, grant condition, or other requirement to respond, unless a shorter time period is needed to meet an emergency such as a declared natural disaster. (4) Ensuring that maximum flexibility is provided to State educational agencies and local educational agencies in implementing any regulation, rule, guidance material, grant condition, or other requirement. (c) Review and Response.--If a local educational agency or an organization identified in subsection (b) provides the Secretary of Education with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary, or the Secretary's designee, shall review the merits of that statement, provide a written response within 60 days, and post that response on the Department of Education's website, including a description of what action, if any, the Secretary will take to correct any deficiency that the Secretary determines exists.", "summary": "Local School Board Governance and Flexibility Act Expresses the sense of Congress that: (1) the responsibility for education resides with the states and the local educational agencies (LEAs) to which they have delegated authority; and (2) the Secretary of Education should only issue those regulations, rules, guidance materials, grant conditions, or other requirements that are specifically needed to implement federal legislation and are within LEAs' educational, operational, and financial capacity. Prohibits the Secretary, unless specifically authorized by federal law, from issuing regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs that: conflict with the authority of LEAs delegated to them by their state; result in additional costs to LEAs for reporting, grant administration, and general operations that are not fully covered by the federal government; conflict with the authority of LEAs to determine how to engage or act upon community participation and advice; impose requirements on LEAs or state educational agencies (SEAs) that would adversely affect their authority to function as legislative, executive, or quasi-judicial agencies; conflict with states' authority to determine the appropriate governance structure of their SEA or LEAs, or their SEA's or LEAs' authority to determine how schools are governed or managed; establish SEA or LEA reporting requirements that duplicate existing federal requirements or are issued without first conducting a fiscal impact statement; or place conditions or requirements on grants to states or LEAs that do not directly relate to, or do not directly support, the intent of the grants or legislation authorizing the grants. Directs the Secretary during each fiscal year to provide LEAs and the major national education organizations at least 60 days to provide written comments regarding the local impact of implementing federal regulations, rules, guidance materials, grant conditions, or other requirements for any applicable program or activity of the Secretary. Directs the Secretary to review existing LEA reporting requirements to identify and eliminate those that are duplicative. Prohibits the Secretary from promulgating federal regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs without first: requesting data and recommendations from SEAs, LEAs, and the major national education organizations regarding the educational, financial, and operational costs involved in implementing them; verifying that LEAs will have the financial resources and technical assistance they may need to successfully implement the requirements; giving SEAs, LEAs, and national educational organizations at least 60 days' notice to respond to such requirements before they are issued, except in certain emergencies; and giving SEAs and LEAs maximum flexibility in implementing the requirements. Provides that if an LEA or major national education organization provides the Secretary with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary must review the merits of the statement, issue a written response within 60 days, and post that response on the Department of Education's website."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuity of Electric Capacity Resources Act''. SEC. 2. DIVERSITY OF SUPPLY AND CONTINUITY OF ELECTRIC CAPACITY RESOURCES. Title II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 224. DIVERSITY OF SUPPLY AND CONTINUITY OF ELECTRIC CAPACITY RESOURCES. ``(a) Definitions.--In this subsection: ``(1) Bulk-power system; transmission organization.--The terms `bulk-power system' and `transmission organization' have the meaning given the terms in section 215. ``(2) Electric capacity resource.--The term `electric capacity resource' means an electric generating resource, as measured by the maximum load-carrying ability of the resource, exclusive of station use and planned, unplanned, or other outage or derating. ``(3) Regional reliability coordinator.--The term `regional reliability coordinator' has the meaning given the term `reliability coordinator' (as defined by the Electric Reliability Organization). ``(b) Electric Capacity Resources Report.-- ``(1) Notice.--Not later than 14 days after the date of enactment of this section, the Commission shall submit to each transmission organization with a tariff on file with the Commission that includes provisions addressing the procurement of electric capacity resources notice that the transmission organization is required to file with the Commission a report in accordance with paragraph (2). ``(2) Report.--Not later than 180 days after the date on which a transmission organization receives a notice under paragraph (1), the transmission organization shall submit to the Commission a report that-- ``(A)(i) identifies electric capacity resources that are available to the transmission organization as of the date of the report; and ``(ii) describes the fuel sources and operational characteristics of each electric capacity resource identified under clause (i); ``(B) evaluates, using generally accepted metrics, the financial health, viability, and projected remaining years of service of the available electric capacity resources identified under subparagraph (A)(i); ``(C) identifies-- ``(i) over the short- and long-term periods in the planning cycle of the transmission organization, announced and projected retirements of the available electric capacity resources; ``(ii) the projected future needs of the transmission organization for electric capacity resources; and ``(iii) the availability of transmission facilities and transmission support services necessary to provide for the transmission organization reasonable assurances of essential reliability services, including adequate voltage support; ``(D) assesses the current and projected status of the reliability of the elements of the bulk-power system under the control of the transmission organization, over the short- and long-term periods in the planning cycle of the transmission organization (including the current and projected status of electric capacity resources), as determined by the regional reliability coordinator that has been designated by the Electric Reliability Organization to have oversight over the bulk-power system elements under the control of the transmission organization; and ``(E) prior to the submission of the report, has been made available to members of the transmission organization and to the public for comment. ``(c) Tariff Amendments.-- ``(1) In general.--Not later than 180 days after the date on which the Commission receives a report submitted under subsection (b), the transmission organization that submitted the report shall file with the Commission-- ``(A) 1 or more tariff amendments that would achieve each of the objectives described in paragraph (2) with respect to the transmission organization; and ``(B) supporting information that demonstrates the manner in which the amendments would achieve each of those objectives, taking into account the report submitted under subsection (b)(2). ``(2) Objectives.--The objectives referred to in paragraph (1) are the following: ``(A) A diverse generation portfolio and the availability of transmission facilities and transmission support services necessary to provide reasonable assurances of a continuous supply of electricity for customers of the transmission organization at the proper voltage and frequency. ``(B) An enhanced opportunity for self-supply of electric capacity resources by electric cooperatives, Federal power marketing agencies, and State utilities with a service obligation (as those terms are defined in section 217(a)), with the term `self-supply' to be defined in the supporting information filed under paragraph (1). ``(C) A reasonable assurance of short- and long- term reliability, with the terms `short-term reliability' and `long-term reliability' to be defined by the applicable regional reliability coordinator referred to in subsection (b)(2)(D). ``(D) A reasonable likelihood of prudent investment in, and adequate fuel supply for, existing and future electric capacity resources over the short- and long- term periods in the planning cycle identified in the applicable report submitted under subsection (b)(2).''. SEC. 3. ACTIVITIES CARRIED OUT UNDER AN AUTHORIZATION DURING WAR OR EMERGENCY. Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is amended-- (1) in the first sentence, by striking ``(c) During'' and inserting the following: ``(c) Authorization During War or Emergency.-- ``(1) In general.--During''; and (2) by adding at the end the following: ``(2) No liability.--Any person subject to an order issued under this subsection shall not be liable for actions carried out in compliance with the order.''.", "summary": "Continuity of Electric Capacity Resources Act This bill amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to notify transmission organizations that they must file an electric capacity resources report if they have a tariff on file that addresses the procurement of electric capacity resources. Report contents must: identify electric capacity resources available to the transmission organization; describe the fuel sources and operational characteristics of each electric capacity resource; evaluate the financial health, viability, and projected remaining years of service of these available electric capacity resources; and assess the current and projected reliability of the elements of the bulk-power system under the transmission organization's control. Subsequent to this report, transmission organizations must also submit tariff amendments that would achieve specified objectives, including a diverse generation portfolio and the availability of transmission facilities and transmission support services that would provide a continuous supply of electricity for customers. The bill shields any person from liability for actions taken to comply with a FERC order for temporary connections and exchanges of facilities during war or an energy emergency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlining Permitting of American Energy Act of 2012''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM Sec. 101. Permit to drill application timeline. Sec. 102. Solar and wind right-of-way rental reform. TITLE II--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM Sec. 201. Administrative protest documentation reform. TITLE III--PERMIT STREAMLINING Sec. 301. Improve Federal energy permit coordination. Sec. 302. Administration of current law. Sec. 303. Policies regarding buying, building, and working for America. TITLE IV--JUDICIAL REVIEW Sec. 401. Definitions. Sec. 402. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 403. Timely filing. Sec. 404. Expedition in hearing and determining the action. Sec. 405. Standard of review. Sec. 406. Limitation on injunction and prospective relief. Sec. 407. Limitation on attorneys' fees. Sec. 408. Legal standing. TITLE I--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM SEC. 101. PERMIT TO DRILL APPLICATION TIMELINE. Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)) is amended to read as follows: ``(2) Applications for permits to drill reform and process.-- ``(A) Timeline.--The Secretary shall decide whether to issue a permit to drill within 30 days after receiving an application for the permit. The Secretary may extend such period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. The notice shall be in the form of a letter from the Secretary or a designee of the Secretary, and shall include the names and titles of the persons processing the application, the specific reasons for the delay, and a specific date a final decision on the application is expected. ``(B) Notice of reasons for denial.--If the application is denied, the Secretary shall provide the applicant-- ``(i) in writing, clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and ``(ii) an opportunity to remedy any deficiencies. ``(C) Application deemed approved.--If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application is deemed approved, except in cases in which existing reviews under the National Environmental Policy Act of 1969 or Endangered Species Act of 1973 are incomplete. ``(D) Denial of permit.--If the Secretary decides not to issue a permit to drill in accordance with subparagraph (A), the Secretary shall-- ``(i) provide to the applicant a description of the reasons for the denial of the permit; ``(ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and ``(iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary. ``(E) Fee.-- ``(i) In general.--Notwithstanding any other law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). This fee shall not apply to any resubmitted application. ``(ii) Treatment of permit processing fee.--Of all fees collected under this paragraph, 50 percent shall be transferred to the field office where they are collected and used to process protests, leases, and permits under this Act subject to appropriation.''. SEC. 102. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM. Notwithstanding any other provision of law, each fiscal year, of fees collected as annual wind energy and solar energy right-of-way authorization fees required under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)), 50 percent shall be retained by the Secretary of the Interior to be used, subject to appropriation, by the Bureau of Land Management to process permits, right-of-way applications, and other activities necessary for renewable development, and, at the discretion of the Secretary, by the U.S. Fish and Wildlife Service or other Federal agencies involved in wind and solar permitting reviews to facilitate the processing of wind energy and solar energy permit applications on Bureau of Land Management lands. TITLE II--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM SEC. 201. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM. Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is further amended by adding at the end the following: ``(4) Protest fee.-- ``(A) In general.--The Secretary shall collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill. ``(B) Treatment of fees.--Of all fees collected under this paragraph, 50 percent shall remain in the field office where they are collected and used to process protests subject to appropriation.''. TITLE III--PERMIT STREAMLINING SEC. 301. IMPROVE FEDERAL ENERGY PERMIT COORDINATION. (a) Establishment.--The Secretary of the Interior (referred to in this section as the ``Secretary'') shall establish a Federal Permit Streamlining Project (referred to in this section as the ``Project'') in every Bureau of Land Management field office with responsibility for permitting energy projects on Federal land. (b) Memorandum of Understanding.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section with-- (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Chief of the Army Corps of Engineers. (2) State participation.--The Secretary may request that the Governor of any State with energy projects on Federal lands to be a signatory to the memorandum of understanding. (c) Designation of Qualified Staff.-- (1) In general.--Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in-- (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); (B) permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344); (C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.); (D) planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Duties.--Each employee assigned under paragraph (1) shall-- (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the energy projects that arise under the authorities of the employee's home agency; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal lands. (d) Additional Personnel.--The Secretary shall assign to each Bureau of Land Management field office identified in subsection (a) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (e) Funding.--Funding for the additional personnel shall come from the Department of the Interior reforms identified in sections 101, 102, and 201. (f) Savings Provision.--Nothing in this section affects-- (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project. (g) Definition.--For purposes of this section the term ``energy projects'' includes oil, natural gas, coal, and other energy projects as defined by the Secretary. SEC. 302. ADMINISTRATION OF CURRENT LAW. Notwithstanding any other law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005. SEC. 303. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA. (a) Congressional Intent.--It is the intent of Congress that-- (1) this Act will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; and (2) Congress will monitor the deployment of personnel and material onshore under this Act to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American energy resources. (b) Requirement.--The Secretary of the Interior shall, when possible and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral resource development under this Act. TITLE IV--JUDICIAL REVIEW SEC. 401. DEFINITIONS. In this Act-- (1) the term ``covered civil action'' means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal lands of the United States; and (2) the term ``covered energy project'' means the leasing of Federal lands of the United States for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy, and any action under such a lease, except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease, including regarding any alleged breach of the lease. SEC. 402. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED ENERGY PROJECTS. Venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. SEC. 403. TIMELY FILING. To ensure timely redress by the courts, a covered civil action must be filed no later than the end of the 90-day period beginning on the date of the final Federal agency action to which it relates. SEC. 404. EXPEDITION IN HEARING AND DETERMINING THE ACTION. The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. SEC. 405. STANDARD OF REVIEW. In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record. SEC. 406. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF. In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. In addition, courts shall limit the duration of preliminary injunctions to halt covered energy projects to no more than 60 days, unless the court finds clear reasons to extend the injunction. In such cases of extensions, such extensions shall only be in 30-day increments and shall require action by the court to renew the injunction. SEC. 407. LIMITATION ON ATTORNEYS' FEES. Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code, (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys' fees, expenses, and other court costs. SEC. 408. LEGAL STANDING. Challengers filing appeals with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as challengers before a United States district court.", "summary": "Streamlining Permitting of American Energy Act of 2012 - Title I: Application For Permits to Drill Process Reform - (Sec. 101) Amends the Mineral Leasing Act to revise requirements for the issuance of permits to drill in energy projects on federal lands. Authorizes the Secretary of the Interior to extend the initial 30-day permit application review period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. Deems a permit application approved if the Secretary has made no decision on it 60 days after its receipt. Prescribes a notice requirement for denial of an application. Directs the Secretary to collect a single $6,500 permit processing fee per application from each applicant at the time the decision is made whether or not to issue a permit. (Sec. 102) Requires that 50% of fees collected as annual wind energy and solar energy right-of-way authorization fees be retained by the Secretary for use by: (1) the Bureau of Land Management (BLM) to process permits, right-of-way applications, and other activities necessary for renewable energy development; and (2) either the U.S. Fish and Wildlife Service or other federal agencies involved in wind and solar permitting reviews in order to facilitate the processing of wind energy and solar energy permit applications on BLM lands. Title II: Administrative Protest Documentation Reform - (Sec. 201) Requires the Secretary to collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill. Title III: Permit Streamlining - (Sec. 301) Requires the Secretary to: (1) establish a Federal Permit Streamlining Project in every BLM Field office with responsibility for permitting energy projects on federal land; and (2) enter into a related memorandum of understanding with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency (EPA), and the Chief of the Army Corps of Engineers. Authorizes the Secretary to request that the governor of any state with energy projects on federal lands be a signatory to the memorandum of understanding. Requires federal signatories to such memorandum to assign staff with special expertise in regulatory issues germane to field offices. (Sec. 302) States that the Secretary shall not require a finding of extraordinary circumstances related to a categorical exclusion in administering the Energy Policy Act of 2005 with respect to review under the National Environmental Policy Act of 1969 (NEPA). (A categorical exclusion [CE or CX] is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which, as a consequence, neither an environmental assessment [EA] nor an environmental impact statement [EIS] is required. If a proposed action is included in the description provided for a listed CE established by an agency, the agency must check to make sure that no extraordinary circumstances exist that may cause the proposed action to have a significant effect in a particular situation. Extraordinary circumstances typically include such matters as effects to endangered species, protected cultural sites, and wetlands. If the proposed action is not included in the description in the agency's CE, or there are extraordinary circumstances, the agency must prepare an EA or an EIS, or develop a new proposal that may qualify for application of a CE.) (Sec. 303) Expresses the intent of Congress that: (1) this Act will support a growing U.S. domestic energy sector that helps to reinvigorate American manufacturing, transportation, and service sectors by employing U.S. workers to assist in the development of energy from domestic sources; and (2) Congress will monitor the deployment of personnel and material onshore under this Act to encourage the development of American technology and manufacturing to enable workers to benefit from this Act through good jobs and careers, and establishment of important industrial facilities to support expanded access to American energy resources. Directs the Secretary when possible and practicable, to encourage the use of U.S. workers and equipment manufactured in the United States in all construction related to mineral resource development under this Act. Title IV: Judicial Review - (Sec. 402) States that venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. Sets forth procedures for judicial review of leasing of federal lands for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other energy source of energy."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Rehabilitation Tax Credit Expansion Act of 1993''. SEC. 2. TREATMENT OF REHABILITATION CREDIT UNDER PASSIVE ACTIVITY LIMITATIONS. (a) General Rule.--Paragraphs (2) and (3) of section 469(i) of the Internal Revenue Code of 1986 (relating to $25,000 offset for rental real estate activities) are amended to read as follows: ``(2) Dollar limitations.-- ``(A) In general.--Except as otherwise provided in this paragraph, the aggregate amount to which paragraph (1) applies for any taxable year shall not exceed $25,000 reduced (but not below zero) by 50 percent of the amount (if any) by which the adjusted gross income of the taxpayer for the taxable year exceeds $100,000. ``(B) Phaseout not applicable to low-income housing credit.--In the case of the portion of the passive activity credit for any taxable year which is attributable to any credit determined under section 42-- ``(i) subparagraph (A) shall not apply, and ``(ii) paragraph (1) shall not apply to the extent that the deduction equivalent of such portion exceeds-- ``(I) $25,000, reduced by ``(II) the aggregate amount of the passive activity loss (and the deduction equivalent of any passive activity credit which is not so attributable and is not attributable to the rehabilitation credit determined under section 47) to which paragraph (1) applies after the application of subparagraph (A). ``(C) $55,500 limit for rehabilitation credits.--In the case of the portion of the passive activity credit for any taxable year which is attributable to the rehabilitation credit determined under section 47-- ``(i) subparagraph (A) shall not apply, and ``(ii) paragraph (1) shall not apply to the extent that the deduction equivalent of such portion exceeds-- ``(I) $55,500, reduced by ``(II) the aggregate amount of the passive activity loss (and the deduction equivalent of any passive activity credit which is not so attributable) to which paragraph (1) applies for the taxable year after the application of subparagraphs (A) and (B). ``(3) Adjusted gross income.--For purposes of paragraph (2)(A), adjusted gross income shall be determined without regard to-- ``(A) any amount includable in gross income under section 86, ``(B) any amount excludable from gross income under section 135, ``(C) any amount allowable as a deduction under section 219, and ``(D) any passive activity loss.''. (b) Conforming Amendments.-- (1) Subparagraph (B) of section 469(i)(4) of such Code is amended to read as follows: ``(B) Reduction for surviving spouse's exemption.-- For purposes of subparagraph (A), the $25,000 amounts under paragraph (2)(A) and (2)(B)(ii) and the $55,500 amount under paragraph (2)(C)(ii) shall each be reduced by the amount of the exemption under paragraph (1) (determined without regard to the reduction contained in paragraph (2)(A)) which is allowable to the surviving spouse of the decedent for the taxable year ending with or within the taxable year of the estate.''. (2) Subparagraph (A) of section 469(i)(5) of such Code is amended by striking clauses (i), (ii), and (iii) and inserting the following: ``(i) `$12,500' for `$25,000' in subparagraphs (A) and (B)(ii) of paragraph (2), ``(ii) `$50,000' for `$100,000' in paragraph (2)(A)'', and ``(iii) `$27,750' for `$55,500' in paragraph (2)(C)(ii).''. (3) The subsection heading for subsection (i) of section 469 of such Code is amended by striking ``$25,000''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service on or after May 5, 1993, in taxable years ending on or after such date. SEC. 3. REHABILITATION CREDIT ALLOWED TO OFFSET PORTION OF ALTERNATIVE MINIMUM TAX. (a) In General.--Section 38(c) of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Rehabilitation investment credit may offset portion of minimum tax.-- ``(A) In general.--In the case of the rehabilitation investment tax credit-- ``(i) this section and section 39 shall be applied separately with respect to such credit, and ``(ii) for purposes of applying paragraph (1) to such credit-- ``(I) the tentative minimum tax under subparagraph (A) thereof shall be reduced by the minimum tax offset amount determined under subparagraph (B) of this paragraph, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the rehabilitation investment tax credit). ``(B) Minimum tax offset amount.--For purposes of subparagraph (A)(ii)(I), the minimum tax offset amount is an amount equal to-- ``(i) in the case of a taxpayer not described in clause (ii), the lesser of-- ``(I) 25 percent of the tentative minimum tax for the taxable year, or ``(II) $20,000, or ``(ii) in the case of a C corporation other than a closely held C corporation (as defined in section 469(j)(1)), 5 percent of the tentative minimum tax for the taxable year. ``(C) Rehabilitation investment tax credit.--For purposes of this paragraph, the term `regular investment tax credit' means the portion of the credit under subsection (a) which is attributable to the credit determined under section 47.''. (b) Conforming Amendment.--Section 38(d) (relating to components of investment credit) is amended by adding at the end the following new paragraph: ``(4) Special rule for rehabilitation credit.-- Notwithstanding paragraphs (1) and (2), the rehabilitation investment tax credit (as defined in subsection (c)(2)(C)) shall be treated as used last.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992.", "summary": "Historic Rehabilitation Tax Credit Expansion Act of 1993 - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. Allows the rehabilitation investment credit to offset a portion of tentative minimum tax."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Nevada Higher Education Land Act of 2008''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) southern Nevada is one of the fastest growing regions in the United States, with 750,000 new residents added since 2000 and 250,000 residents expected to be added by 2010; (2) the Nevada System of Higher Education serves more than 70,000 undergraduate and graduate students in southern Nevada, with enrollment in the System expected to grow by 21 percent during the next 10 years, which would bring enrollment to a total of 85,000 students in the System; (3) the Nevada System of Higher Education campuses in southern Nevada comprise 1,200 acres, one of the smallest land bases of any major higher education system in the western United States; (4) the University of Nevada, Las Vegas, with 28,500 students and 3,300 faculty and staff, is the fourth fastest- growing research university in the United States; (5) the College of Southern Nevada-- (A) serves 39,000 students each semester; and (B) is near capacity at each of the 3 urban campuses of the College; (6) Pahrump, located in rural Nye County, Nevada-- (A) has grown by 20 percent since 2000; and (B) has a small satellite campus of Great Basin College to serve the 40,500 residents of Pahrump, Nevada; and (7) the Nevada System of Higher Education needs additional land to provide for the future growth of the System, particularly for the University of Nevada, Las Vegas, the College of Southern Nevada, and the Pahrump campus of Great Basin College. (b) Purposes.--The purposes of this Act are-- (1) to provide additional land for a thriving higher education system that serves the residents of fast-growing southern Nevada; (2) to provide residents of the State with greater opportunities to pursue higher education and the resulting benefits, which include increased earnings, more employment opportunities, and better health; and (3) to provide communities in southern Nevada the economic and societal values of higher education, including economic growth, lower crime rates, greater civic participation, and less reliance on social services. SEC. 3. DEFINITIONS. In this Act: (1) Board of regents.--The term ``Board of Regents'' means the Board of Regents of the Nevada System of Higher Education. (2) Campuses.--The term ``Campuses'' means the Great Basin College, College of Southern Nevada, and University of Las Vegas, Nevada, campuses. (3) Federal land.--The term ``Federal land'' means each of the 3 parcels of Bureau of Land Management land identified on the maps as ``Parcel to be Conveyed'', of which-- (A) approximately 40 acres is to be conveyed for the College of Southern Nevada; (B) approximately 2,085 acres is to be conveyed for the University of Nevada, Las Vegas; and (C) approximately 285 acres is to be conveyed for the Great Basin College. (4) Map.--The term ``Map'' means each of the 3 maps entitled ``Southern Nevada Higher Education Land Act'', dated July 11, 2008, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Nevada. (7) System.--The term ``System'' means the Nevada System of Higher Education. SEC. 4. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM. (a) Conveyances.-- (1) In general.--Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) and section 1(c) of the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869(c)), and subject to all valid existing rights, the Secretary shall-- (A) not later than 180 days after the date of enactment of this Act, convey to the System, without consideration, all right, title, and interest of the United States in and to the Federal land for the Great Basin College and the College of Southern Nevada; and (B) not later than 180 days after the receipt of certification of acceptable remediation of environmental conditions existing on the parcel to be conveyed for the University of Nevada, Las Vegas, convey to the System, without consideration, all right, title, and interest of the United States in and to the Federal land for the University of Nevada, Las Vegas. (2) Phases.--The Secretary may phase the conveyance of the Federal land under paragraph (1)(B) as remediation is completed. (b) Conditions.-- (1) In general.--As a condition of the conveyance under subsection (a)(1), the Board of Regents shall agree in writing-- (A) to pay any administrative costs associated with the conveyance, including the costs of any environmental, wildlife, cultural, or historical resources studies; (B) to use the Federal land conveyed for educational and recreational purposes; (C) to release and indemnify the United States from any claims or liabilities that may arise from uses carried out on the Federal land on or before the date of enactment of this Act by the United States or any person; (D) as soon as practicable after the date of the conveyance under subsection (a)(1), to erect at each of the Campuses an appropriate and centrally located monument that acknowledges the conveyance of the Federal land by the United States for the purpose of furthering the higher education of the citizens in the State; and (E) to assist the Bureau of Land Management in providing information to the students of the System and the citizens of the State on-- (i) public land (including the management of public land) in the Nation; and (ii) the role of the Bureau of Land Management in managing, preserving, and protecting the public land in the State. (2) Agreement with nellis air force base.--As a condition of the conveyance of the Federal land for the University of Nevada, Las Vegas under subsection (a)(1)(B), the Board of Regents shall enter into a cooperative interlocal agreement with Nellis Air Force Base that is consistent with the missions of the System and the United States Air Force. (c) Use of Federal Land.-- (1) In general.--The System may use the Federal land conveyed under subsection (a)(1) for-- (A) any purpose relating to the establishment, operation, growth, and maintenance of the System; and (B) any uses relating to the purposes, including residential and commercial development that would generally be associated with an institution of higher education. (2) Other entities.--The System may-- (A) consistent with Federal and State law, lease, or otherwise provide property or space at, the Campuses, with or without consideration, to religious, public interest, community, or other groups for services and events that are of interest to the System or to any community located in southern Nevada; (B) allow any other communities in southern Nevada to use facilities of the Campuses for educational and recreational programs of the community; and (C) in conjunction with the city of Las Vegas, North Las Vegas, or Pahrump or Clark or Nye County plan, finance (including through the provision of cost- share assistance), construct, and operate facilities for the city of Las Vegas, North Las Vegas, or Pahrump or Clark or Nye County on the Federal land conveyed for educational or recreational purposes consistent with this section. (d) Reversion.-- (1) In general.--If the Federal land or any portion of the Federal land conveyed under subsection (a)(1) ceases to be used for the System, the Federal land, or any portion of the Federal land shall, at the discretion of the Secretary, revert to the United States. (2) University of nevada, las vegas.--If the System fails to complete the first building or show progression toward development of the University of Nevada, Las Vegas campus on the applicable parcels of Federal land by the date that is 50 years after the date of receipt of certification of acceptable remediation of environmental conditions, the parcels of the Federal land described in section 3(3)(B) shall, at the discretion of the Secretary, revert to the United States.", "summary": "Southern Nevada Higher Education Land Act of 2008 - Directs the Secretary of the Interior to convey three parcels of Bureau of Land Management (BLM) land to: (1) the Nevada System of Higher Education for the Great Basin College and the College of Southern Nevada; and (2) the System for the University of Nevada, Las Vegas. Specifies that the Nevada System of Higher Education may use the conveyed federal land for any purpose relating to the establishment, operation, growth, and maintenance of the System and for any uses related to such purposes, including residential and commercial development that would generally be associated with an institution of higher education."}
{"article": "SECTION 1. CODIFICATION AND MODIFICATION OF PERMANENT PROVISION RELATING TO BUY AMERICAN REQUIREMENTS. (a) Buy American Requirements.--(1) Chapter 148 of title 10, United States Code, is amended by inserting after section 2533 the following new section: ``Sec. 2533a. Requirement to buy certain articles from American sources; exceptions ``(a) Requirement.--Except as provided in subsections (c) through (g), funds appropriated or otherwise available to the Department of Defense may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States. ``(b) Covered Items.--An item referred to in subsection (a) is any of the following: ``(1) An article or item of-- ``(A) food; ``(B) clothing; ``(C) tents, tarpaulins, or covers; ``(D) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or ``(E) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials. ``(2) Specialty metals, including stainless steel flatware. ``(3) Hand or measuring tools. ``(c) Exception.--The Secretary of Defense or the Secretary of the military department concerned may waive the requirement in subsection (a)-- ``(1) if such Secretary determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) or specialty metals (including stainless steel flatware) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices; ``(2) such Secretary has notified the Committees on Appropriations, Armed Services, and Small Business of the House of Representatives and the Senate; and ``(3) 30 days have elapsed since the date of the notification of such committees. ``(d) Exception for Certain Procurements Outside the United States.--Subsection (a) does not apply to the following: ``(1) Procurements outside the United States in support of combat operations. ``(2) Procurements by vessels in foreign waters. ``(3) Emergency procurements or procurements of perishable foods by an establishment located outside the United States for the personnel attached to such establishment. ``(e) Exception for Specialty Metals and Chemical Warfare Protective Clothing.--Subsection (a) does not preclude the procurement of specialty metals or chemical warfare protective clothing produced outside the United States if-- ``(1) such procurement is necessary-- ``(A) to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements; or ``(B) in furtherance of agreements with foreign governments in which both such governments agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country; and ``(2) any such agreement with a foreign government complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with section 2457 of this title. ``(f) Exception for Certain Foods.--Subsection (a) does not preclude the procurement of foods manufactured or processed in the United States. ``(g) Exception for Small Purchases.--Subsection (a) does not apply to purchases for amounts not greater than the simplified acquisition threshold referred to in section 2304(g) of this title. ``(h) Applicability to Contracts and Subcontracts for Procurement of Commercial Items.--This section is applicable to contracts and subcontracts for the procurement of commercial items notwithstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430). ``(i) Geographic Coverage.--In this section, the term `United States' includes the commonwealths, territories, and possessions of the United States.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2533 the following new item: ``2533a. Requirement to buy certain articles from American sources; exceptions.''. (b) Repeal of Source Provisions.--The following provisions of law are repealed: (1) Section 9005 of the Department of Defense Appropriations Act, 1993 (Public Law 102-396; 10 U.S.C. 2241 note). (2) Section 8109 of the Department of Defense Appropriations Act, 1997 (as contained in section 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 2241 note).", "summary": "Codifies under Federal armed forces law certain provisions under prior defense appropriations Acts which prohibit funds appropriated or otherwise made available to the Department of Defense from being used to procure the following items if such items are not grown, reprocessed, reused, or produced in the United States: (1) food; (2) clothing; (3) tents, tarpaulins, or covers; (4) cotton and other natural fiber products, silk or silk blends, synthetic fabrics, canvas products, or wool; (5) any equipment manufactured from or containing such fibers, yarns, fabrics, or materials; (6) specialty metals, including stainless steel flatware; and (7) hand or measuring tools. Allows an exception: (1) when the item cannot be procured when needed (after certain congressional notification); (2) for certain procurements outside the United States; (3) for certain specialty metals and chemical warfare protective clothing procured outside the United States; (4) for foods manufactured or processed in the United States; and (5) for small purchases under the defense simplified acquisition threshold.Makes such prohibitions applicable to contracts for the procurement of commercial items under the Office of Federal Procurement Policy Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act''. SEC. 2. AGREEMENTS. (a) In General.--Subchapter I of chapter 17 of title 38, United States Code, is amended by inserting after section 1703 the following new section: ``Sec. 1703A. Veterans Care Agreements with certain health care providers ``(a) Veterans Care Agreements.--(1) In addition to furnishing hospital care, medical services, or extended care under this chapter at facilities of the Department or under contracts or sharing agreements entered into pursuant to provisions of law other than this section, the Secretary may furnish such care and services to eligible veterans through the use of agreements entered into under this section by the Secretary with eligible providers. ``(2) The Secretary may enter into Veterans Care Agreements under this section with eligible providers to furnish hospital care, medical services, and extended care to veterans whom the Secretary determines that furnishing such care and services at facilities of the Department or under contracts or sharing agreements under provisions of law other than this section is impracticable or inadvisable because of the medical condition of the veteran, the travel involved, or the nature of the care or services required, or a combination of such factors. ``(b) Veteran Eligibility.--Eligibility of a veteran for care and services under this section shall be determined as if such care or services were furnished in a facility of the Department, and provisions of this title applicable to veterans receiving such care and services in a facility of the Department shall apply to veterans receiving care and services under this section. ``(c) Provider Eligibility.--Subject to the certification process pursuant to subsection (d)(1), a provider of hospital care, medical services, or extended care is eligible to enter into a Veterans Care Agreement under this section if the Secretary determines that the provider meets each of the following criteria: ``(1) The gross annual revenue of the provider in the year preceding the year in which the provider enters into the Veterans Care Agreement does not exceed $11,000,000 (as adjusted in a manner similar to amounts adjusted pursuant to section 5312 of this title). ``(2) The provider does not otherwise provide such care or services to patients pursuant to a contract entered into with a department or agency of the Federal Government. ``(3) The provider is-- ``(A) a provider of services that has enrolled and entered into a provider agreement under section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a)); ``(B) a physician or supplier that has enrolled and entered into a participation agreement under section 1842(h) of such Act (42 U.S.C. 1395u(h)); ``(C) a provider of items and services receiving payment under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or a waiver of such a plan; ``(D) an Aging and Disability Resource Center, an area agency on aging, or a State agency (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)); or ``(E) a center for independent living (as defined in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)). ``(4) Any additional criteria determined appropriate by the Secretary. ``(d) Provider Certification.--(1) The Secretary shall establish a process for the certification of eligible providers to enter into Veterans Care Agreements under this section that shall, at a minimum, set forth the following: ``(A) Procedures for the submission of applications for certification and deadlines for actions taken by the Secretary with respect to such applications. ``(B) Standards and procedures for the approval and denial of certifications and the revocation of certifications. ``(C) Procedures for assessing eligible providers based on the risk of fraud, waste, and abuse of such providers similar to the level of screening under section 1866(j)(2)(B) of the Social Security Act (42 U.S.C. 1395(j)(2)(B)) and the standards set forth under section 9.104 of title 48, Code of Federal Regulations, or any successor regulation. ``(D) Requirement for denial or revocation of certification if the Secretary determines that the otherwise eligible provider is-- ``(i) excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))) under section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a-7 and 1320a-7a); or ``(ii) identified as an excluded source on the list maintained in the System for Award Management, or any successor system. ``(E) Procedures by which a provider whose certification is denied or revoked under the procedures established under this subsection will be identified as an excluded source on the list maintained in the System for Award Management, or successor system, if the Secretary determines that such exclusion is appropriate. ``(2) To the extent practicable, the Secretary shall establish the procedures under paragraph (1) in a manner that takes into account any certification process administered by another department or agency of the Federal Government that an eligible provider has completed by reason of being a provider described in any of subparagraphs (A) through (E) of subsection (c)(3). ``(e) Terms of Agreements.--The Secretary shall ensure that each Veterans Care Agreement include provisions requiring the eligible provider to do the following: ``(1) To accept payment for care and services furnished under this section at rates established by the Secretary for purposes of this section, which shall be, to the extent practicable-- ``(A) the rates paid by the United States for such care to providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); ``(B) the rates paid by the United States pursuant to the Alaska Fee Schedule of the Department of Veterans Affairs; ``(C) the rates paid by the United States pursuant to an All-Payer Model Agreement under the Social Security Act; or ``(D) the rates paid by the United States in a highly rural area pursuant to section 101(d)(2)(B)(ii)(I) of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note). ``(2) To accept payment under paragraph (1) as payment in full for care and services furnished under this section and to not seek any payment for such care and services from the recipient of such care. ``(3) To furnish under this section only the care and services authorized by the Department under this section unless the eligible provider receives prior written consent from the Department to furnish care and services outside the scope of such authorization. ``(4) To bill the Department for care and services furnished under this section in accordance with a methodology established by the Secretary for purposes of this section. ``(5) Not to seek to recover or collect from a health-plan contract or third party (as those terms are defined in section 1729 of this title) for any care or services for which payment is made by the Department under this section. ``(6) To provide medical records for veterans furnished care and services under this section to the Department in a timeframe and format specified by the Secretary for purposes of this section, except the Secretary may not require that any payment by the Secretary to the eligible provider be contingent on such provision of medical records. ``(7) To meet other such terms and conditions, including quality of care assurance standards, as the Secretary may specify for purposes of this section. ``(f) Exclusion of Certain Federal Contracting Provisions.--(1) Notwithstanding any other provision of law, the Secretary may enter into a Veterans Care Agreement using procedures other than competitive procedures. ``(2)(A) Except as provided in subparagraph (B) and unless otherwise provided in this section, an eligible provider that enters into a Veterans Care Agreement under this section is not subject to, in the carrying out of the agreement, any provision of law that providers of services and suppliers under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.) are not subject to. ``(B) In addition to the provisions of laws covered by subparagraph (A), an eligible provider shall be subject to the following provisions of law: ``(i) Any applicable law regarding integrity, ethics, or fraud, or that subject a person to civil or criminal penalties. ``(ii) Section 431 of title 18. ``(iii) Section 1352 of title 31, except for the filing requirements under subsection (b) of such section. ``(iv) Section 4705 or 4712 of title 41, and any other applicable law regarding the protection of whistleblowers. ``(v) Section 4706(d) of title 41. ``(vi) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) to the same extent as such title applies with respect to the eligible provider in providing care or services through an agreement or arrangement other than under a Veterans Care Agreement. ``(C) An eligible provider that receives a payment from the Federal Government pursuant to a Veterans Care Agreement shall not be treated as a Federal contractor or subcontractor by the Office of Federal Contract Compliance Programs of the Department of Labor based on the work performed or actions taken by such eligible provider that resulted in the receipt of such payments. ``(g) Termination of Veterans Care Agreement.--(1) An eligible provider may terminate a Veterans Care Agreement with the Secretary under this section at such time and upon such notice to the Secretary as the Secretary may specify for purposes of this section. ``(2) The Secretary may terminate a Veterans Care Agreement with an eligible provider under this section at such time and upon such notice to the eligible provider as the Secretary may specify for the purposes of this section, if the Secretary-- ``(A) determines that the eligible provider failed to comply with the provisions of the agreement or this section or other applicable provision of law; ``(B) makes a revocation pursuant to subsection (d)(1)(4); ``(C) ascertains that the eligible provider has been convicted of a felony or other serious offense under Federal or State law and determines that the continued participation of the eligible provider would be detrimental to the best interests of veterans of the Department; or ``(D) determines that it is reasonable to terminate the agreement based on the health care needs of veterans. ``(h) Duration; Mandatory Reviews.--(1) Each Veterans Care Agreement entered into under this section shall be for a two-year period unless the Secretary extends the agreement pursuant to paragraph (2)(B). ``(2)(A) During the 180-day period beginning 540 days after the date on which a Veterans Care Agreement is entered into or renewed, the Secretary shall review the agreement to determine whether it is feasible and advisable to instead furnish the hospital care, medical services, or extended care furnished under the agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section. ``(B) If the Secretary determines under subparagraph (A) that it is not feasible and advisable to instead furnish hospital care, medical services, or extended care furnished under a Veterans Care Agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section, the Secretary-- ``(i) shall prepare a written memorandum of such determination; and ``(ii) may renew such agreement. ``(i) Disputes.--(1) The Secretary shall establish administrative procedures for eligible providers with which the Secretary has entered into a Veterans Care Agreement to present any dispute arising under or related to the agreement. ``(2) Before using any dispute resolution mechanism under chapter 71 of title 41 with respect to a dispute arising under a Veterans Care Agreement under this section, an eligible provider must first exhaust the administrative procedures established by the Secretary under paragraph (1). ``(j) Annual Reports.--Not later than October 1 of the year following the fiscal year in which the Secretary first enters into a Veterans Care Agreement, and each year thereafter, the Secretary shall submit to the appropriate congressional committees an annual report that includes-- ``(1) a list of all Veterans Care Agreements entered into as of the date of the report; and ``(2) summaries of each determination made by the Secretary under subsection (h)(2) during the fiscal year covered by the report. ``(k) Quality of Care.--In carrying out this section, the Secretary shall use the quality of care standards set forth or used by the Centers for Medicare & Medicaid Services. ``(l) Delegation.--The Secretary may delegate the authority to enter into or terminate a Veterans Care Agreement, or to make a determination described in subsection (h)(2), at a level not below the Assistant Deputy Under Secretary for Health for Community Care. ``(m) Sunset.--The Secretary may not enter into or renew a Veterans Care Agreement under this section after the date that is five years after the enactment of this Act. ``(n) Definitions.--In this section: ``(1) The term `appropriate congressional committees' means-- ``(A) the Committees on Veterans' Affairs of the House of Representatives and the Senate; and ``(B) the Committees on Appropriations of the House of Representatives and the Senate. ``(2) The term `eligible provider' means a provider of hospital care, medical services, or extended care that the Secretary determines is eligible to enter into Veterans Care Agreements under subsection (c). ``(3) The term `Veterans Care Agreement' means an agreement entered into by the Secretary with an eligible provider under subsection (a)(1).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item related to section 1703 the following new item: ``1703A. Veterans Care Agreements with certain health care providers.''. (c) Regulations.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe interim final regulations to implement section 1703A of title 38, United States Code, as added by subsection (a), and publish such regulations in the Federal Register.", "summary": "Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act This bill authorizes the Department of Veterans Affairs (VA), in addition to furnishing hospital care, medical services, or extended care at VA facilities or under contracts or sharing agreements, to furnish such care and services to eligible veterans through the use of Veterans Care Agreements with eligible providers. An eligible provider is: a provider whose income in the year preceding the year of entering into an agreement did not exceed $11 million; a provider who does not otherwise provide such care or services pursuant to a federal contract; and a physician or provider of Medicaid or Medicare services, an Aging and Disability Resource Center, an area agency on aging, or a center for independent living. The VA shall: (1) establish a certifying process for providers, (2) review agreements at least once every two years, and (3) use the quality of care standards set forth or used by the Centers for Medicare & Medicaid Services. The VA may enter into an agreement using non-competitive procedures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``Foreign Credit Reform Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Unsustainable debt in the world's poorest countries constitutes a serious impediment to the development of stable democratic political structures, broad-based economic growth, poverty eradication, and food security. (2) Financing should be appropriate for the purposes for which it is used and should, to the maximum extent possible, generate a return sufficient to pay the principal and interest due. As such, long-term lending for perishable goods, such as food commodities, may be construed as inappropriate to the extent that it places a long-term debt burden on the recipient country without generating sufficient revenues with which to service the debt. (3) Since 1955, the United States has extended more than $27,800,000,000 in loans for food under title I of the Agricultural Trade Development and Assistance Act of 1954 (commonly referred to as ``PL 480''), $10,632,858,000 of which remained outstanding at the end of 2002. (4) As of December 31, 2002, arrears on principal and interest payments under title I of PL 480 totaled $1,241,472,000. (5) Since 1992 the United States provided the independent states of the former Soviet Union with $1,601,500,000 in loans for food under title I of PL 480, for which these countries are estimated to have paid $112,748,000 in principal and interest in 2003. Russia alone has received $1,035,000,000 in credits, paying an estimated $79,695,000 in principal and interest in 2003. (6) Rising debt stocks and debt-to-export ratios may undermine a country's credit worthiness and jeopardize its ability to borrow from commercial lenders. (7) Debt reduction contributes marginally to a country's development prospects if new debt is allowed to create the next generation of heavy indebtedness. Therefore, President Bush's initiative, adopted by Group of Seven (G-7) leaders at the June 2002 summit, to increase World Bank grant assistance to the most heavily indebted poor countries is a crucial step toward alleviating poverty, curbing future unsustainable debt, and providing for urgent human needs in countries in which people live on less than one dollar a day. Replacing loans with targeted grants will eliminate the need for governments to repay long-term investments in people, especially for education, health, nutrition, water supply, and sanitation purposes. (8) The G-7 agreement at the June 2002 summit to fully fund the remaining costs of the enhanced Heavily Indebted Poor Country (HIPC) initiative is essential to ensuring that eligible debt-distressed nations receive full benefits under the HIPC debt relief measure. (9) The United States has been a leading voice for more than a decade in international debt reduction initiatives for poor countries, including a 1991 initiative to cancel $689,000,000 in food loans under title I of PL 480 owed by 15 sub-Saharan African countries. (10) The United States must continue its leadership role to encourage full participation by all Paris Club creditors in multilateral debt negotiations. (11) Several poor countries that are not eligible for enhanced HIPC debt reduction terms face a severe debt overhang that undermines increased resource allocation for development and discourages productive investment. (12) The World Bank, which has provided over $1,700,000,000 since 1986 to fight the spread of HIV/AIDS, should continue to place the highest priority on programs to combat infectious diseases, including HIV/AIDS, malaria, and tuberculosis. (13) Debt reduction is an important, but only partial solution to long-term development. Promoting an environment that will stimulate internal economic growth, promote trade and external investment, and encourage responsible governance are the most important ingredients for sustainable growth. TITLE I--MULTILATERAL DEBT RELIEF SEC. 101. SUPPORT FOR THE HIPC TRUST FUND. Section 801(b)(1) of H.R. 5526 of the 106th Congress, as introduced on October 24, 2000, and enacted into law by section 101(a) of Public Law 106-429 (and contained in the appendix thereto) is amended by striking ``2003, $435,000,000'' and inserting ``2006, such sums as may be necessary''. SEC. 102. DEBT SERVICE REINVESTED INTO THE GLOBAL FUND. The Bretton Woods Agreements Act (22 U.S.C. 286-286oo) is further amended by adding at the end the following: ``SEC. 64. DEBT SERVICE REINVESTED INTO THE GLOBAL FUND. ``(a) Negotiation of Agreement.--The Secretary of the Treasury shall seek to negotiate an agreement among the member countries of the Bank and the Fund, under which, on approval by the Global Fund of a grant proposal originating from an eligible country, the Bank and the Fund shall make a contribution to the Global Fund in an amount equal to the amount of the grant award for the year, except that the total amount of the contributions so made with respect to the country during a year shall not exceed the total amount of debt service payments made by the country to the Bank and the Fund during the year. ``(b) Definitions.--In this section: ``(1) Global fund.--The term `Global Fund' means the public-private partnership known as the Global Fund to Fight AIDS, Tuberculosis and Malaria that was established upon the call of the United Nations Secretary General in April 2001. ``(2) Eligible country.--The term `eligible country' means a country-- ``(A) which has received debt relief under the Enhanced HIPC Initiative; and ``(B) in which the prevalence of HIV/AIDS among individuals who have attained 15 years of age but have not attained 49 years of age is not less than 5 percent. ``(3) Enhanced hipc initiative.--The term `Enhanced HIPC Initiative' means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G-7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, June 18-20, 1999. ``(4) HIV/AIDS.--The term `HIV/AIDS' means, with respect to an individual, an individual who is infected with HIV or living with AIDS. ``(5) HIV.--The term `HIV' means the human immunodeficiency virus, the pathogen that causes AIDS. ``(6) AIDS.--The term `AIDS' means the acquired immune deficiency syndrome.''. TITLE II--BILATERAL DEBT RELIEF SEC. 201. ACTIONS TO PROVIDE BILATERAL DEBT RELIEF. Section 501(i) of H.R. 3425 of the 106th Congress, as introduced on November 17, 1999, and enacted into law by section 1000(a)(5) of Public Law 106-113 (and contained in Appendix E thereto), is amended by striking ``2004'' and inserting ``2005''. SEC. 202. DEBT FORGIVENESS UNDER TITLE I OF PUBLIC LAW 480. (a) Debt Forgiveness.--For each of the fiscal years 2005 and 2006, the President is authorized and encouraged to use the authority of section 411 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736e) to waive payments of principal and interest that a country described in subsection (b) would otherwise be required to make to the Commodity Credit Corporation under dollar sales agreements under title I of such Act (7 U.S.C. 1701 et seq.). (b) Country Described.--A country referred to in subsection (a) is a country-- (1) which has outstanding public and publicly guaranteed debt, the net present value of which on December 31, 2003, was at least 150 percent of the value of exports of the country in 2003; or (2) whose debt service payments on public and publicly guaranteed debt exceeded 8 percent of the value of its exports in 2003. (c) Applicable Provisions.--Except to the extent inconsistent with the provisions of this section, section 411 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736e) (except subsection (e) of such section) shall apply with respect to the authority to waive payments of principal and interest under this section to the same extent and in the same manner as such section applies to the authority to waive payments of principal and interest under section 411 of such Act. (d) Authorization of Appropriations.--For the cost (as defined in section 502 of the Federal Credit Reform Act of 1990) for the reduction or cancellation of any debt pursuant to this section, there are authorized to be appropriated to the President for each of the fiscal years 2005 and 2006 such sums as may be necessary. SEC. 203. MISCELLANEOUS AMENDMENTS. (a) Financing Assistance Under Title I of Public Law 480.--Section 101(b) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701(b)) is amended-- (1) by striking ``To carry out the policies'' and inserting the following: ``(1) In general.--To carry out the policies''; (2) by striking ``developing countries'' and inserting ``developing countries described in paragraph (2)''; and (3) by adding at the end the following: ``(2) Developing country described.--A developing country referred to in paragraph (1) is a developing country that meets the following requirements: ``(A) The country is not prohibited from receiving assistance under the Foreign Assistance Act of 1961 by reason of the application of section 620(q) of such Act and irrespective of whether or not the President has determined that assistance to the country is in the national interest of the United States. ``(B) The country is not in default, during a period in excess of six calendar months, in payment to the United States of principal or interest on any loan made to such country under this title or under any other provision of law. ``(C) The country is not a low-income country or lower-middle income country, as defined by the International Bank for Reconstruction and Development in its World Development Indicators Report (issued in April 2004 and updated annually). ``(D) The country is not a severely-indebted country or moderately-indebted country as defined by the International Bank for Reconstruction and Development in its World Development Indicators Report (issued in April 2004 and updated annually).''. (b) Economic Assistance Under the Foreign Assistance Act of 1961.-- Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)) is amended-- (1) by inserting after ``under this Act'' the second place it appears the following: ``or under title I of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.)''; and (2) by adding at the end the following: ``A determination by the President under the preceding sentence that assistance to a country is in the national interest of the United States shall be effective for a period not to exceed one calendar year.''.", "summary": "Foreign Credit Reform Act of 2004 - Amends Federal law to extend authorization of appropriations for the U.S. contribution to the Heavily Indebted Poor Country (HIPC) Trust Fund. Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to negotiate an agreement under which the International Bank for Reconstruction and Development and the International Monetary Fund shall contribute to the Global Fund to Fight AIDS, Tuberculosis and Malaria an amount equal to the amount of a country's annual debt service made to the Bank and the Fund. Authorizes the President to waive certain Agricultural Trade Development and Assistance Act of 1954 principal and interest payments owed to the Commodity Credit Corporation by eligible debt-heavy countries for FY 2005 and 2006. Amends such Act to define \"developing country\" for purposes of title I assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Opportunity for All Act of 2005''. SEC. 2. EDUCATIONAL OPPORTUNITY FOR ALL TAX CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. EDUCATIONAL OPPORTUNITY TAX CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the qualified tuition expenses paid by the taxpayer during the taxable year (for education furnished during any academic period beginning in such taxable year). ``(2) Per student limitation.--The credit allowed under this section shall not exceed $4,000 with respect to any individual. ``(b) Election Not to Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the qualified tuition expenses of an individual for any taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified tuition expenses.-- ``(A) In general.--The term `qualified tuition expenses' means tuition required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution. ``(B) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program. ``(C) Exception for nonacademic fees.--Such term does not include student activity fees, athletic fees, insurance expenses, or other fees or expenses unrelated to an individual's academic course of instruction. ``(D) Job improvement included.--Such term shall include tuition expenses described in subparagraph (A) with respect to any course of instruction at an eligible educational institution to acquire or improve job skills. ``(2) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) which is eligible to participate in a program under title IV of such Act. ``(d) Special Rules.-- ``(1) Identification requirement.--No credit shall be allowed under subsection (a) to a taxpayer with respect to the qualified tuition expenses of an individual unless the taxpayer includes the name and taxpayer identification number of such individual on the return of tax for the taxable year. ``(2) Adjustment for certain scholarships, etc.--The amount of qualified tuition expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(A) a qualified scholarship which is excludable from gross income under section 117, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individual`s educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(3) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and ``(B) qualified tuition expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(4) Treatment of certain prepayments.--If qualified tuition expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ``(5) Denial of double benefit.--No credit shall be allowed under this section for any expense for which a deduction is allowed under any other provision of this chapter. ``(6) Coordination with hope scholarship and lifetime learning credits.--The qualified tuition and related expenses with respect to an individual for whom a Hope Scholarship Credit or the Lifetime Learning Credit under section 25A is allowed for the taxable year shall not be taken into account under this section. ``(7) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(8) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(e) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any amount which was taken into account in determining the amount of such credit.''. (b) Refundability of Credit.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``or enacted by the Educational Opportunity for All Act of 2005''. (c) Conforming Amendments.-- (1) Sections 135(d)(2)(A), 222(c)(2)(A), 529(c)(3)(B)(v)(II), and 530(d)(2)(C)(i)(II) of the Internal Revenue Code of 1986 are each amended by inserting ``or section 36'' after ``section 25A'' each place it appears. (2) Section 6213(g)(2)(J) of such Code is amended by inserting ``or section 36(d)(1)'' after ``expenses)''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following: ``Sec. 36. Educational opportunity tax credit. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2004, for education furnished in academic periods beginning after such date.", "summary": "Educational Opportunity for All Act of 2005 - Amends the Internal Revenue Code to allow a refundable tax credit for qualfied tuition expenses. Defines \"qualified tuition expenses\" as tuition required for the enrollment of the taxpayer, the taxpayer's spouse or dependents at an institution of higher learning. Limits the annual amount of such credit to $4,000 per student."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom From Restraint Act of 1999''. SEC. 2. INDIVIDUALS' RIGHT TO FREEDOM FROM RESTRAINT AND REPORTING OF SENTINEL EVENTS UNDER MEDICARE. (a) In General.--Part D of title XVIII of the Social Security Act (42 U.S.C. 1395x et seq.) is amended by adding at the end the following: ``individuals' freedom from restraint and reporting of sentinel events ``Sec. 1897. (a) Definitions.--In this section: ``(1) Provider of services.--The term `provider of services' has the meaning given that term in section 1861(u), except that for purposes of this section the term includes a psychiatric hospital but does not include a home health agency. ``(2) Sentinel event.--The term `sentinel event' means an unexpected occurrence involving an individual in the care of a provider of services for treatment for a psychiatric or psychological illness that results in death or serious physical or psychological injury that is unrelated to the natural course of the individual's illness or underlying condition. ``(b) Protection of Right To Be Free From Restraints.--A provider of services eligible to be paid under this title for providing services to an individual entitled to benefits under part A or enrolled under part B (including an individual provided with a Medicare+Choice plan offered by a Medicare+Choice organization under part C) shall-- ``(1) protect and promote the right of each such individual to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience; ``(2) impose restraints-- ``(A) only to ensure the physical safety of the individual or other individuals in the care or custody of the provider; and ``(B) only upon the written order of a physician that specifies the duration and circumstances under which the restraints are to be used (except in emergency circumstances specified by the Secretary until such an order could reasonably be obtained); and ``(2) submit the reports required under subsection (c). ``(c) Reports.-- ``(1) Reports to agencies or entities with oversight authority.-- ``(A) In general.--A provider of services shall report each sentinel event that occurs to an individual while the individual is in the care or custody of the provider to-- ``(i) in the case of a provider of services participating in the program established under this title or the medicaid program under title XIX as a result of accreditation by a national accrediting body, the national accrediting body for that provider; and ``(ii) in the case of all other providers of services, the Secretary or, upon agreement between the Secretary and the relevant State, the State agency designated by the Secretary. ``(B) Investigation and further reporting of sentinel events.--Upon receipt of a report made pursuant to subparagraph (A), the agency or entity with oversight authority shall-- ``(i) ensure that the provider-- ``(I) conducts an investigation of the sentinel event reported; ``(II) determines the root cause or causes of the sentinel event; and ``(III) establishes a time-limited plan or strategy, that allows the agency or entity with oversight authority to review and approve the analyses and any corrective actions proposed or made by the provider of services, to correct the problem or problems that resulted in the sentinel event, and to lead to risk reduction; and ``(ii) prepare and submit the reports required under paragraph (2). ``(2) Reports to the secretary.-- ``(A) In general.--Subject to subparagraph (D), the agency or entity with oversight authority shall submit a report containing the information described in subparagraph (B) to the Secretary in such form and manner, and by such date, as the Secretary prescribes. ``(B) Information to be reported.-- ``(i) In general.--The report submitted under subparagraph (A) shall be submitted to the Secretary at regular intervals, but not less frequently than annually, and shall include-- ``(I) a description of the sentinel events occurring during the period covered by the report; ``(II) a description of any corrective action taken by the providers of services with respect to the sentinel events or any other measures necessary to prevent similar sentinel events from occurring in the future; ``(III) proposed systems changes identified as a result of analysis of events from multiple providers; and ``(IV) such additional information as the Secretary determines to be essential to ensure compliance with the requirements of this section. ``(ii) Information excluded.--The report submitted under subparagraph (A) shall not identify any individual provider of services, practitioner, or individual. ``(C) Additional reporting requirements when a provider has been identified as having a pattern of poor performance.-- ``(i) In general.--In addition to the report required under subparagraph (A), the agency or entity with oversight authority shall report to the Secretary the name and address of any provider of services with a pattern of poor performance. ``(ii) Determination of pattern.--The agency or entity with oversight authority shall determine if a pattern of poor performance exists with respect to a provider of services in accordance with the definition of pattern of poor performance developed by the Secretary under clause (iii). ``(iii) Development of definition.--The Secretary, in consultation with national accrediting organizations and others, shall develop a definition to identify a provider of services with a pattern of poor performance. ``(D) Authority to waive reporting requirement.-- The Secretary may waive the requirement to submit a report required under this paragraph (but not a report regarding a sentinel event that resulted in death required under paragraph (3)) upon consideration of the severity of the sentinel event. ``(3) Additional reporting requirements for sentinel events resulting in death.--In addition to the report required under paragraph (1), a provider of services shall report any sentinel event resulting in death to-- ``(A) the Secretary or the Secretary's designee; ``(B) the State Attorney General or, upon agreement with the State Attorney General, to the appropriate law enforcement agency; ``(C) the State agency responsible for licensing the provider of services; and ``(D) the State protection and advocacy system established pursuant to part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) for the State in which the event occurred. ``(4) Responsibilities of the agency or entity with oversight authority.--Upon receipt of a report of a sentinel event that resulted in death, the agency or entity with oversight authority shall, in addition to the requirements of paragraph (2)-- ``(A) determine whether the death was related to the use of restraints or seclusion; and ``(B) notify the Secretary of the determination. ``(5) Sanctions for failure to report.-- ``(A) In general.--The Secretary shall establish sanctions, including intermediate sanctions, as appropriate, for failure of a provider of services or an agency or entity with oversight authority to submit the reports and information required under this subsection. ``(B) Removal of agency or entity with oversight authority.--The Secretary, after notice to an agency or entity with oversight authority of a provider of services, as determined in paragraph (1), and opportunity to comply, may remove the agency or entity of such authority if the agency or entity refuses to submit the reports and information required under this subsection. ``(6) Liability for reporting.--An individual, provider of services, agency, or entity shall be liable with respect to any information contained in a report required under this subsection if the individual, provider of services, agency, or entity had knowledge of the falsity of the information contained in the report at the time the report was submitted under this subsection. Nothing in the preceding sentence shall be construed as limiting the liability of an individual, provider of services, agency, or entity for damages relating to the occurrence of a sentinel event, including a sentinel event that results in death. ``(7) Nondisclosure of analysis.--Notwithstanding any other provision of law or regulation, the root cause analysis developed under this subsection shall be kept confidential and shall not be subject to disclosure or discovery in a civil action. ``(d) Establishment or Designation of Sentinel Events Database.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish or designate a database of information using the reports submitted under paragraphs (2) and (3) of subsection (c) (in this subsection referred to as the `Sentinel Events Database'). ``(2) Contents.-- ``(A) In general.--Subject to subparagraph (B), the Sentinel Events Database shall include the following: ``(i) The name and address of any provider of services that is the subject of a report submitted under subsection (c)(3), if the agency or entity with oversight authority has determined that the death was related to the use of restraints or seclusion. ``(ii) The information reported by the agency or entity under subparagraphs (B) and (C) of subsection (c)(2). ``(B) Confidentiality.--The Secretary shall establish procedures to ensure that the privacy of individuals whose treatment is the subject of a report submitted under paragraph (2) or (3) of subsection (c) is protected. ``(3) Procedures for entry of information.-- ``(A) In general.--The Secretary shall-- ``(i) prior to entry of information in the Sentinel Events Database, disclose the information to the provider of services that is the subject of the information; and ``(ii) establish procedures to-- ``(I) resolve disputes regarding the accuracy of the information; and ``(II) ensure the accuracy of the information. ``(B) No delay of sanctions.--Any sanction to be imposed by the Secretary against a provider of services or an agency or entity with oversight authority in relation to a sentinel event shall not be delayed as a result of a dispute regarding the accuracy of information to be entered into the database. ``(4) Access to the database.-- ``(A) Availability.--The Secretary shall establish procedures for making the information maintained in the Sentinel Events Database related to a sentinel event resulting in death, and any reports of sentinel injuries arising from those providers of services with a pattern of poor performance identified in accordance with subsection (c)(2)(C), available to Federal and State agencies, national accrediting bodies, health care researchers, and the public. ``(B) Internet access.--In addition to any other procedures that the Secretary develops under subparagraph (A), the information in the Sentinel Events Database shall be accessible through the Internet. ``(C) Fees for disclosure.-- ``(i) In general.--Subject to clause (ii), the Secretary may establish or approve reasonable fees for disclosing information maintained in the Sentinel Events Database. ``(ii) No fee for federal agencies.--No fee shall be charged to a Federal agency for access to the Sentinel Events Database. ``(iii) Application of fees.--Fees collected under this clause shall be applied by the Secretary toward the cost of maintaining the Sentinel Events Database.''. (b) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section take effect on the date of enactment of this Act. (2) Reporting requirements.--The reporting requirements under section 1897(c) of the Social Security Act, as added by subsection (a), shall apply to sentinel events occurring on and after the date of enactment of this Act. SEC. 3. INDIVIDUALS' RIGHT TO FREEDOM FROM RESTRAINT AND REPORTING OF SENTINEL EVENTS UNDER MEDICAID. (a) State Plans for Medical Assistance.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (65), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(66) provide that the State will ensure that any congregate care provider (as defined in section 1905(v)) that provides services to an individual for which medical assistance is available shall-- ``(A) protect and promote the right of each individual to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience; ``(B) impose restraints only-- ``(i) to ensure the physical safety of the individual or other individuals; and ``(ii) upon the written order of a physician that specifies the duration and circumstances under which the restraints are to be used (except in emergency circumstances specified by the Secretary until such an order could reasonably be obtained); and ``(C) submit the reports required under subsection (c) of section 1897 (relating to sentinel events) in the same manner as a provider of services under that section is required to submit such reports.''. (b) Definition of Congregate Care Provider.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following: ``(v) The term `congregate care provider' means an entity that provides hospital services, nursing facility services, services of intermediate care facilities for the mentally retarded, hospice care, residential treatment centers for children, services in an institution for mental diseases, inpatient psychiatric hospital services for individuals under age 21, or congregate care services under a waiver authorized under section 1915(c).''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section take effect on the date of enactment of this Act. (2) Reporting requirements.--The reporting requirements under section 1902(a)(66)(C) of the Social Security Act (42 U.S.C. 1396a(a)(66)(C)), as added by subsection (a), shall apply to sentinel events occurring on and after the date of enactment of this Act.", "summary": "Allows the imposition of restraints: (1) only to ensure physical safety of the individual or others in the provider's care; and (2) only upon the written order of a physician specifying the duration and circumstances under which restraints are to be used (except in emergency circumstances specified by the Secretary of Health and Human Services until such an order could reasonably be obtained). Requires the service provider to investigate the sentinel event reported and the appropriate agencies or entities to review and approve the provider's root cause analysis before reporting on the matter to the Secretary for use in the Sentinel Events Database. Directs the Secretary to establish such Database for use on the Internet, with appropriate privacy safeguards for individuals whose treatment is the subject of a report under this Act. Requires additional reporting in certain cases, including: (1) to the Secretary about a provider identified as having a pattern of poor performance; and (2) to the State Attorney General or the appropriate State law enforcement agency in sentinel events involving death. Mandates sanctions for failure to report. Bars disclosure or discovery of a root cause analysis in a civil action."}
{"article": "Described.-- (1) In general.--For purposes of subsection (a)(1), a joint resolution is described in this paragraph if it is a joint resolution of the two Houses of Congress and the matter after the resolving clause of such a joint resolution is as follows: ``That the Congress authorizes and directs the United States Trade Representative to undertake negotiations to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes relating to XX with respect to the affirmative determination submitted to the Congress by the WTO Dispute Settlement Review Commission on XX,'' the first blank space being filled with the specific rules and procedures with respect to which Trade Representative is to undertake negotiations and the second blank space being filled with the date of the affirmative determination submitted to the Congress by the Commission pursuant to section 4(b) which has given rise to the joint resolution. (2) Withdrawal resolution.--For purposes of subsection (a)(2), a joint resolution is described in this paragraph if it is a joint resolution of the two Houses of Congress and the matter after the resolving clause of such joint resolution is as follows: ``That the Congress authorizes and directs the United States Trade Representative to undertake negotiations to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes relating to XX with respect to the affirmative report submitted to the Congress by the WTO Dispute Settlement Review Commission on XX and if such negotiations do not result in a solution that the Trade Representative, by XX, certifies to the Congress is satisfactory, the Congress withdraws its approval, provided under section 101(a) of the Uruguay Round Agreements Act, of the WTO Agreement as defined in section 2(9) of the Act'', the first blank space being filled with the specific rules and procedures with respect to which the Trade Representative is to undertake negotiations, the second blank space being filled with the date of the affirmative determination submitted to the Congress by the Commission pursuant to section 4(b) which has given rise to the joint resolution, and the third blank space being filled with the date the Congress withdraws its approval of the WTO Agreement. (c) Procedural Provisions.-- (1) In general.--The requirements of this subsection are met if the joint resolution is enacted in accordance with this subsection, and-- (A) in the case of a joint resolution described in subsection (b)(1), the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives an affirmative determination from the Commission described in section 4(b), or (B) in the case of a joint resolution described in subsection (b)(2), the Commission has made 3 affirmative determinations described in section 4(b) during a 5-year period, and the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives the third such affirmative determination. (2) Presidential veto.--In any case in which the President vetoes the joint resolution, the requirements of this subsection are met if each House of Congress votes to override that veto on or before the later of the last day of the 90-day period referred to in subparagraph (A) or (B) of paragraph (1), whichever is applicable, or the last day of the 15-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives the veto message from the President. (3) Introduction.-- (A) Time.--A joint resolution to which this section applies may be introduced at any time on or after the date on which the Commission transmits to the Congress an affirmative determination described in section 4(b), and before the end of the 90-day period referred to in subparagraph (A) or (B) of paragraph (1), as the case may be. (B) Any member may introduce.--A joint resolution described in subsection (b) may be introduced in either House of the Congress by any Member of such House. (4) Expedited procedures.-- (A) General rule.--Subject to the provisions of this subsection, the provisions of subsections (b), (d), (e), and (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192 (b), (d), (e), and (f)) apply to joint resolutions described in subsection (b) to the same extent as such provisions apply to resolutions under such section. (B) Report of discharge of committee.--If the committee of either House to which a joint resolution has been referred has not reported it by the close of the 45th day after its introduction (excluding any day described in section 154(d) of the Trade Act of 1974), such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. (C) Finance and ways and means committees.--It is not in order for-- (i) the Senate to consider any joint resolution unless it has been reported by the Committee on Finance or the committee has been discharged under subparagraph (B); or (ii) the House of Representatives to consider any joint resolution unless it has been reported by the Committee on Ways and Means or the committee has been discharged under subparagraph (B). (D) Special rules for house.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. (5) Consideration of second resolution not in order.--It shall not be in order in either the House of Representatives or the Senate to consider a joint resolution (other than a joint resolution received from the other House), if that House has previously adopted a joint resolution under this section relating to the same matter. (d) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. SEC. 206. PARTICIPATION IN WTO PANEL PROCEEDINGS. (a) In General.--If the United States Trade Representative, in proceedings before a dispute settlement panel or the Appellate Body of the WTO, seeks-- (1) to enforce United States rights under a multilateral trade agreement; or (2) to defend a challenged action or determination of the United States Government; a private United States person that is supportive of the United States Government's position before the panel or Appellate Body and that has a direct economic interest in the panel's or Appellate Body's resolution of the matters in dispute shall be permitted to participate in consultations and panel proceedings. The Trade Representative shall issue regulations, consistent with subsections (b) and (c), ensuring full and effective participation by any such private person. (b) Access to Information.--The United States Trade Representative shall make available to persons described in subsection (a) all information presented to or otherwise obtained by the Trade Representative in connection with a WTO dispute settlement proceeding. The United States Trade Representative shall promulgate regulations implementing a protective order system to protect information designated by the submitting member as confidential. (c) Participation in Panel Process.--Upon request from a person described in subsection (a), the United States Trade Representative shall-- (1) consult in advance with such person regarding the content of written submissions from the United States to the WTO panel concerned or to the other member countries involved; (2) include, where appropriate, such person or its appropriate representative as an advisory member of the delegation in sessions of the dispute settlement panel; (3) allow such special delegation member, where such member would bring special knowledge to the proceeding, to appear before the panel, directly or through counsel, under the supervision of responsibility United States Government officials; and (4) in proceedings involving confidential information, allow appearance of such person only through counsel as a member of the special delegation. SEC. 207. DEFINITIONS. For purposes of this Act: (1) Appellate body.--The term ``Appellate Body'' means the Appellate Body established under article 17.1 of the Dispute Settlement Understanding. (2) Adverse to the united states.--The term ``adverse to the United States'' includes any report which holds any law, regulation, or application thereof by a government agency to be inconsistent with international obligations under a Uruguay Round Agreement (or a nullification or impairment thereof), whether or not there are other elements of the decision which favor arguments made by the United States. (3) Dispute settlement panel; panel.--The terms ``dispute settlement panel'' and ``panel'' mean a panel established pursuant to article 6 of the Dispute Settlement Understanding. (4) Dispute settlement body.--The term ``Dispute Settlement Body'' means the Dispute Settlement Body administering the rules and procedures set forth in the Dispute Settlement Understanding. (5) Dispute settlement understanding.--The term ``Dispute Settlement Understanding'' means the understanding on rules and procedures governing the settlement of disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act. (6) Uruguay round agreement.--The term ``Uruguay Round Agreement'' means any of the agreements described in section 101(d) of the Uruguay Round Agreements Act. (7) World trade organization; wto.--The term ``World Trade Organization'' and ``WTO'' mean the organization established pursuant to the WTO Agreement. (8) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994.", "summary": "TABLE OF CONTENTS: Title I: NAFTA Renegotiation Act Title II: WTO Dispute Settlement Review Commission Act NAFTA Renegotiation and WTO Dispute Settlement Review Commission Act - Title I: NAFTA Renegotiation Act - Requires the President to renegotiate the terms of the North American Free Trade Agreement (NAFTA) to correct trade deficits and currency distortions. Requires reports to the Congress assessing the impact of NAFTA on U.S. jobs and the environment. Requires the President to consult with the Congress with respect to the renegotiations. Title II: WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) which are adverse to the United States and adopted by the Dispute Settlement Body; and (2) upon request of the U.S. Trade Representative (USTR), any other report of such bodies adopted by the Dispute Settlement Body. Requires the USTR to undertake negotiations to amend the rules and procedures of the dispute settlement understanding upon enactment of a joint resolution mandating such negotiations. Permits participation in WTO panel proceedings in support of the United States of a private U.S. person with a direct economic interest in the resolution of the matters in dispute."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preservation of Access to Osteoporosis Testing for Medicare Beneficiaries Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1997, Congress has recognized the importance of osteoporosis prevention by standardizing coverage under the Medicare program for bone mass measurement. (2) Osteoporosis remains underdiagnosed and undertreated despite numerous Federal initiatives, including recommendations of the United States Preventive Services Task Force, the 2004 United States Surgeon General's Report on Bone Health and Osteoporosis, and education, counseling, and referral for bone mass measurement during the Welcome to Medicare exam. (3) Even though osteoporosis is a highly manageable disease, many patients lack access to early diagnosis that can prevent debilitating fractures, morbidity, and loss of mobility. (4) Although Caucasians are most likely to sustain osteoporosis fractures, from 2005 to 2025 the cost of fractures among other populations is projected to increase by 175 percent for Latinos and Asian-Americans and 80 percent for African- Americans. (5) African-American women are more likely than Caucasian women to die following a hip fracture. (6) Osteoporosis is a critical women's health issue. Women account for 71 percent of fractures and 75 percent of osteoporosis-associated costs and the incidence of osteoporosis-related fractures is greater than the annual combined incidence, with respect to women, of heart attack, stroke, and breast cancer. (7) The World Health Organization, the Centers for Medicare & Medicaid Services, and other medical experts concur that the most widely accepted method of measuring bone mass to predict fracture risk is dual-energy x-ray absorptiometry (in this section referred to as ``DXA''). Vertebral fracture assessment (in this section referred to as ``VFA'') is another test used to identify patients at high risk for future fracture. (8) DXA is a cost-effective preventive test with proven results in real world settings. DXA testing increases the number of people diagnosed with osteoporosis and treated, dramatically reducing hip fractures and related costs. (9) DXA screening is associated with a significant (37 percent) reduction in hip fracture rates. (10) Unlike other imaging procedures, DXA remains severely underutilized, with only one in four women enrolled in the Medicare program getting a DXA every two years. (11) Underutilization of bone mass measurement will strain the Medicare budget because-- (A) over half of all individuals in the United States who are age 50 or older have osteoporosis or low bone mass; (B) more than 52.4 million people in the United States had osteoporosis or low bone mass in 2010, as compared to 44 million people in the United States in 2002; (C) osteoporosis fractures are projected to increase by almost 50 percent from 2005 to 2025 with over 3 million fractures expected to occur annually by 2025; (D) the population aged 65 and older represents 89 percent of fracture costs; and (E) the economic burden of osteoporosis fractures is projected to increase by nearly 50 percent from 2005 to 2025, reaching 25.3 million in 2025. (12) Underutilization of bone mass measurement will also strain the Medicaid budget, which bears the cost of nursing home admissions for hip fractures for low-income Americans. (13) Reimbursement under the Medicare program for DXA provided in physician offices and other non-hospital settings was reduced by 50 percent and is scheduled to be reduced by a total of 62 percent by 2013. This drop represents one of the largest reimbursement reductions in the history of the Medicare program. Reimbursement for VFA will also be reduced by 30 percent by 2013. (14) The reduction in reimbursement discourages physicians from continuing to provide access to DXA or VFA in their offices. DXA testing for older women declined in 2009 for the first time since Congress passed the Bone Mass Measurement Act in 1997. Since two-thirds of all DXA scans are performed in non-facility settings, such as physician offices, patient access to bone mass measurement will continue to be severely compromised when more physicians discontinue providing such tests in their offices, thereby exacerbating the current underutilization of the benefit. SEC. 3. EXTENDING MINIMUM PAYMENT FOR BONE MASS MEASUREMENT. (a) In General.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (b)-- (A) in paragraph (4)(B), by striking ``for 2010 and 2011'' and inserting ``for each of 2010 through 2013''; and (B) in paragraph (6)-- (i) in the matter preceding subparagraph (A), by striking ``and 2011'' and inserting ``, 2011, 2012, and 2013''; and (ii) in subparagraph (C), by striking ``and 2011'' and inserting ``, 2011, 2012, and 2013''; and (2) in subsection (c)(2)(B)(iv)(IV), by striking ``or 2011'' and inserting ``, 2011, 2012, or 2013''. (b) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the amendments made by subsection (a) by program instruction or otherwise.", "summary": "Preservation of Access to Osteoporosis Testing for Medicare Beneficiaries Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to extend through 2013 the minimum payment amount for dual-energy x-ray absorptiometry (DXA) services for bone mass measurement."}
{"article": "SECTION 1. FUEL ECONOMY TAX CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25E the following new section: ``SEC. 25E. FUEL ECONOMY TAX CREDIT. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the product of-- ``(1) $100, multiplied by ``(2) each mile per gallon (or portion thereof) for which the mile per gallon highway rating of a qualified vehicle placed in service by the taxpayer during the taxable year exceeds the CAFE standard applicable to such vehicle. ``(b) Limitations.-- ``(1) Limitation based on fuel efficiency.--In the case of any vehicle for which the mile per gallon highway rating exceeds 50 miles per gallon, paragraph (2) shall be applied by treating the the mile per gallon highway rating of such vehicle as 50 miles per gallon. ``(2) Limitation based on adjusted gross income.--The amount of the credit allowed by subsection (a) (determined without regard to this subsection) shall be reduced (but not below zero) by 5 percent for each $1,000 (or fraction thereof) by which the taxpayer's adjusted gross income exceeds $150,000. ``(c) Definitions.--For purposes of this section-- ``(1) Highway rating of qualified vehicle.--The highway rating of a qualified vehicle shall be the rating determined by the Secretary of Transportation for such vehicle. ``(2) Qualified vehicle.--The term `qualified vehicle' means a motor vehicle which is a passenger automobile or a light truck-- ``(A) the original use of which commences with the taxpayer, ``(B) which is acquired for use or lease by the taxpayer and not for resale, and ``(C) which is made by a manufacturer. ``(3) CAFE standard.--The term `CAFE standard' means the average fuel economy level established under chapter 329 of title 49, United States Code. ``(4) Motor vehicle.--The term `motor vehicle' has the meaning given such term by section 30(c)(2). ``(5) Other terms.--The terms `passenger automobile', `light truck', and ``manufacturer'' have the meanings given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.). ``(d) Special Rules.-- ``(1) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (g)). ``(2) No double benefit.--The amount of any deduction or other credit allowable under this chapter for the taxable year with respect to any vehicle shall be reduced by the amount of credit allowed under subsection (a) for such vehicle for the taxable year. ``(3) Property used outside united states, etc., not qualified.--No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of a vehicle). ``(5) Election to not take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Fuel economy tax credit.''. (c) Termination of Alternative Motor Vehicle Credit.--Subsection (j) of section 30B of the Internal Revenue Code of 1986 is amended to read as follows: ``(j) Termination.--This section shall not apply to any property purchased after the date of the enactment of this subsection.''. (d) Effective Date.--The amendments made by this section shall apply to vehicles placed in service after the date of the enactment of this Act in taxable years ending after such date.", "summary": "Amends the Internal Revenue Code to allow an individual taxpayer who operates a passenger automobile or light truck a tax credit based upon the average fuel economy of such vehicle. Terminates the tax credit for alternative motor vehicles."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Consumer Protection Act of 2017''. SEC. 2. INTERLINING. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue a final rule requiring an air carrier to seek, in the event of a delay exceeding 3 hours, cancellation, or misconnection as a result of circumstances or an event within an air carrier's control, as determined by the Secretary of Transportation, alternative transportation for displaced passengers, including aboard another air carrier capable of transporting the passenger to his or her originally scheduled destination, and to accept, for a reasonable fee, the passengers of another air carrier who have been displaced by circumstances or an event within that air carriers control, as determined by the Secretary of Transportation, or if the passenger has been involuntarily denied boarding due to a lack of available seats. SEC. 3. GAO STUDY. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing a review of the following: (1) The commonalities and differences of computer network architecture used by air carriers operating under part 121 of title 14, Code of Federal Regulations. (2) Analysis of operationally critical functions, including consideration of passenger-facing functions such as reservation and notification systems, aircraft dispatch functions and how information regarding such functions and systems is transmitted to outstations, maintenance monitoring and planning systems, and crew scheduling systems. (3) The impact of consolidated systems and software that handle multiple critical functions. (4) The most common causes of airline computer network disruptions. (5) Industry best practices to prevent, and mitigate the impacts of, network disruptions. SEC. 4. COMPUTER NETWORK RESILIENCY. (a) In General.--Any schedule change resulting from a computer network disruption, security breach, or other inoperability, may be considered an event within an air carrier's control as determined by the Secretary of Transportation. (b) Computer Network Resiliency Working Group.--The Secretary of Transportation shall work closely with the airline industry computer network resiliency working group established under section 5 to improve computer networks for air carriers. (c) Final Rule.--Not later than 1 year after the enactment of this Act, the Secretary of Transportation shall publish a final rule that requires an air carrier operating under part 121 of title 14, Code of Federal Regulations, to submit to the Administrator of the Federal Aviation Administration a plan detailing, at a minimum-- (1) the maintenance of computer network systems used to perform functions critical to the normal operation of the carrier; (2) the carrier's plan for restoring full functionality of such systems in the event of a service disruption; (3) the carrier's backup systems; and (4) the level of service and amenities offered to passengers whose flights are delayed or cancelled as a result of a computer network disruption and how the air carrier will comply with the plan requirements of section 6. (d) Plan Details.--Not later than 1 year after the establishment of the airline industry computer network resiliency working group under section 5, the contingency plan referred to in subsection (c) shall be submitted to the Administrator of the Federal Aviation Administration. Notwithstanding section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), such plan may not disclose to the public any plan specifics. The air carrier shall make available a general outline of the plan to the public. SEC. 5. AIRLINE INDUSTRY COMPUTER NETWORK RESILIENCY WORKING GROUP. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish the airline industry computer network resiliency working group (referred to in this section as ``the working group'') to serve as subject matter experts to the Secretary to foster collaboration and facilitate improvements in the resilience of computer networks used by air carriers in carrying out functions critical to the maintenance of regularly scheduled air transportation service, and in the recovery of operations in the event of network disruptions. (b) Objectives.--Objectives of the working group shall include efforts-- (1) to promote communication and coordination regarding computer network architecture across the airline industry; (2) to promote engagement between industry and government stakeholders regarding the development of guidelines and best practices; (3) to review past disruptions and lessons learned; and (4) to serve as the liaison between industry and government representatives on research and development and emerging technologies that enhance computer network resiliency. (c) Membership.--Membership on the working group shall include representatives who have responsibility for computer networks and their maintenance, including-- (1) at a minimum, Government representatives of the Federal Aviation Administration and the Department of Homeland Security; and (2) voluntary participation of representatives from the airline industry and their contractors and suppliers. (d) Meetings.--The working group shall meet not less than twice each year and may convene for additional meetings as needed. The group shall meet for a period of not less than 2 years. (e) Report.--The working group shall submit a report to the Secretary of Transportation that establishes voluntary guidelines for the resiliency of airline computer networks that handle operationally critical functions, best practices, and the conditions under which the working group may need to periodically meet or reconvene. SEC. 6. IMPROVED ACCOMMODATION OF DISPLACED PASSENGERS. Not later than 1 year after the enactment of this Act, the Secretary of Transportation shall modify part 259 of title 14, Code of Federal Regulations to include the following: (1) Adoption of plan.--Each covered carrier shall adopt a contingency plan for lengthy terminal delays for its scheduled flights at each large hub airport, medium hub airport, small hub airport and non-hub airport in the United States at which it operates or markets such air transportation service and shall adhere to its plan's terms. (2) Contents of plan.--Each contingency plan for any delay, cancellation, or misconnection, affecting a passenger who has been involuntarily denied boarding as a result of circumstances or an event within an air carrier's control, as determined by the Administration of the Federal Aviation Administration (except in the case in which the flight crew determines that a passenger poses a danger to the safety of the flight), shall include, at a minimum, the following: (A) Essential needs.--An air carrier shall ensure that essential needs, including food, water, restroom facilities, and assistance in the case of a medical emergency are met. If the only available seating on the carrier's next flight to the passenger's destination is a higher class of service than purchased, the carrier shall transport the passenger on the flight at no additional cost. (B) Meal voucher.--In the case of a delay exceeding 4 hours, the air carrier shall provide a meal voucher or, if at the request of the passenger, cash equivalent to the value of a meal voucher. An air carrier shall not be liable to reimburse the passenger for expenses related to meals if the passenger did not accepted such compensation when offered. (C) Lodging, transportation, and other vouchers.-- (i) In general.--In the case of a delay, cancellation, or misconnection as a result of circumstances or an event within an air carrier's control, as determined by the Secretary of Transportation, of which any portion exceeding 2 hours occurs between the period of time between 10 p.m. and 3 a.m., local time, of the following day, and with no guarantee of reaccommodation aboard another flight to the passenger's destination within the following 2 hours after the initial 2-hour delay, an air carrier shall provide the passenger with lodging, transportation to and from the airport to the place of lodging, and meal expenses. At the request of the passenger, the carrier shall alternatively compensate such passenger with the cash equivalent to the value of the lodging, meals, and transportation, or a voucher of equivalent value for future travel on the carrier. (ii) Lodging unavailable.--If lodging is unavailable, an carrier shall compensate a passenger with the cash equivalent to the value of the lodging, meals, and transportation, or, at the request of the passenger, a voucher of equivalent value for future travel on the carrier. (iii) Proximity to residence.--The provisions of clauses (i) and (ii) shall not apply to a passenger whose permanent residence is 60 miles or less from the airport where such delay, cancellation, or misconnection occurred. (iv) Failure to accept initial compensation.--An air carrier shall not be liable to reimburse the passenger for expenses related to meals if the passenger did not accept such compensation when offered. SEC. 7. AIRCRAFT FLIGHTS WITHOUT FUNCTIONING LAVATORIES. (a) Limitation on Certain Aircraft Flights.--Chapter 417 of title 49, United States Code is amended by adding the following: ``Sec. 41725. Limitation on aircraft flights without functioning lavatories ``Not later than 90 days after the enactment of this Act, the Secretary of Transportation shall issue regulations to ensure that a passenger who has purchased a ticket in scheduled passenger interstate or intrastate air transportation or in an aircraft in nonscheduled passenger interstate or intrastate air transportation, shall not pay any associated fee to select an alternative flight if it is determined before departure that the lavatory is not functioning.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end of the following: ``41725. Limitation on aircraft flights without functioning lavatories''.", "summary": "Airline Consumer Protection Act of 2017 This bill directs the Department of Transportation (DOT) to issue a final rule to require an air carrier to: seek, for a delay exceeding three hours, a cancellation, or a misconnection as a result of circumstances within the air carrier's control, alternative transportation for a displaced passenger; and accept, for a reasonable fee, a displaced passenger from another air carrier or a passenger involuntarily denied boarding due to a lack of available seats. The Government Accountability Office shall submit a report that reviews airline computer network functions. Any air carrier schedule change resulting from a computer network disruption, security breach, or other inoperability may be considered an event within a carrier's control. DOT shall: publish a final rule to require an air carrier to submit to the Federal Aviation Administration a plan for restoring full functionality of its computer network systems in the event of a service disruption; establish an airline industry computer network resiliency working group; modify federal regulations to require each air carrier to adopt a contingency plan for any delay, cancellation, or misconnection affecting a passenger; and issue regulations to ensure that a ticketed passenger shall not pay a fee to select an alternative flight if the aircraft's lavatory is not functioning."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lorton Correctional Complex Closure Act''. SEC. 2. CLOSURE OF THE LORTON CORRECTIONAL COMPLEX. (a) In General.--Notwithstanding any other provision of law, not later than 6 years after the date of the enactment of this Act, all real property and improvements thereon comprising the Lorton Correctional Complex as of the date of the enactment of this Act (other than any such property retained by the District of Columbia under the Implementation Plan described in section 4) shall be transferred to the Administrator of General Services for disposal in accordance with the Implementation Plan described in section 4. (b) Prohibiting Placement of Future District of Columbia Prison Facilities in Virginia.--No prison, penitentiary, jail, correctional institution, or related facility of the District of Columbia may be established in the Commonwealth of Virginia after the date of the enactment of this Act without the approval of the Governor of Virginia. SEC. 3. INCARCERATION OF DISTRICT OF COLUMBIA FELONS. (a) Transfer to Federal Custody.-- (1) In general.--Notwithstanding any other provision of law, any District of Columbia felon who is committed to the custody of the Attorney General for a term of imprisonment on or after the date of the enactment of this Act shall be incarcerated in a facility designated by the Director of the Bureau of Prisons, in accordance with such rules as the Attorney General may establish to assure that the treatment of District of Columbia felons is similar to the treatment of other individuals under the control of the Director of the Bureau of Prisons. (2) Transition rule.--In the case of an individual convicted of a felony in the Superior Court of the District of Columbia who is under the custody and control of the Director of the District of Columbia Department of Corrections as of the date of the enactment of this Act, the individual shall be transferred to the control of the Director of the Bureau of Prisons not later than 5 years after the date of the enactment of this Act. (3) Conforming amendment.--Section 4042 of title 18, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(6) provide suitable quarters and provide for the safekeeping, care and subsistence and for the protection, instruction and discipline of all District of Columbia felons (as defined in section 3(b) of the Lorton Correctional Complex Closure Act) who are sentenced to death or committed to the custody of the Attorney General for a term of imprisonment.''. (b) District of Columbia Felon Defined.--The term ``District of Columbia felon'' means an individual convicted in the Superior Court of the District of Columbia of an offense punishable by death or imprisonment for a term exceeding one year (without regard to the sentence actually imposed), but does not include any individual convicted in the Superior Court of the District of Columbia of a misdemeanor offense, as a juvenile offender, or any person detained pending trial in the Superior Court of the District of Columbia. SEC. 4. IMPLEMENTATION PLAN. (a) Description of Plan.--In accordance with the process described in subsection (b), not later than 18 months after the date of the enactment of this Act, the Administrator of General Services shall submit to Congress an Implementation Plan for the closure of the Lorton Correctional Complex which shall identify actions with respect to each of the following: (1) The future use of the land on which the Complex is located, including (if appropriate) plans for a regional park at the site. (2) The need to address the impact of such future uses on local and regional transportation resources. (3) If appropriate, the transfer of real property and improvements thereon to Federal agencies (including the Bureau of Prisons) for Federal use, the Government of the District of Columbia, or any other governmental entity. (4) If appropriate, the disposal of real property or improvements thereon. (5) Changes in law or regulation necessary to effect the purposes of this Act and the closure of the Lorton Correctional Complex. (6) Such other actions as considered appropriate by the Administrator to effectively implement this Act. (b) Process for Submission of Final Implementation Plan.-- (1) Development and submission of initial proposal by commission.--Not later than 13 months after the date of the enactment of the Act, the Commission shall develop and submit to the Administrator a proposal for the Implementation Plan. (2) Review of commission proposal.--Not later than 4 months after receiving the proposal for the Implementation Plan from the Commission under paragraph (1), the Administrator shall submit a proposal for the Plan to the Commission for comment and review. (3) Comments of commission.--During the 1-month period beginning on the date the Administrator submits the proposed final Implementation Plan to the Commission under paragraph (2), the Commission and each of its members may submit comments on the Plan to the Administrator. Any comments made by the Commission or any individual commissioner shall be transmitted by the Administrator with the final Implementation Plan under paragraph (4). (4) Submission of final plan.--Not later than 18 months after the date of the enactment of this Act, the Administrator shall submit to Congress the final Implementation Plan for the closure of the Lorton Correctional Complex. (c) Automatic Implementation of Plan.--The Implementation Plan submitted by the Administrator under subsection (b)(4) shall take effect at the end of the 60-day period beginning on the day such plan is transmitted to the Speaker of the House of Representatives and the President of the Senate. SEC. 5. COMMISSION ON CLOSURE OF LORTON CORRECTIONAL COMPLEX. (a) Establishment.--There is hereby established a commission to be known as the Commission on Closure of the Lorton Correctional Complex. (b) Membership.-- (1) Number and appointment.--The Commission shall be composed of 11 members appointed not later than 1 month after the date of the enactment of this Act as follows: (A) The Fairfax County Board of Supervisors shall appoint 5 members, one of which shall be specially qualified by training and experience in matters relating to regional transportation problems and issues. (B) The Prince William County Board of Supervisors shall appoint 3 members. (C) The Mayor of the District of Columbia, with the advice and consent of the District of Columbia City Council, shall appoint 2 members. (D) The Administrator shall serve as an ex officio member. (2) Continuation of membership.-- (A) General rule.--Except as provided in subparagraph (B), if a member was appointed to the Commission because the member was an officer or employee of any government or if a member is appointed to the Commission and later becomes an officer or employee of a government, the member may continue service on the Commission for not longer than the 30- day period beginning on the date the member ceases to be such an officer or employee or becomes such an officer or employee, as the case may be. (B) Exception.--Service as a member of the Commission shall not be discontinued pursuant to subparagraph (A) in the case of a member who has served on the Commission for not less than 3 months. (3) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (4) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term, except that a member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Compensation.--No member of the Commission may receive additional pay, allowances, or benefits by reason of service on the Commission. (6) Quorum.--6 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (7) Chairperson; vice chairperson.--The Chairperson and Vice Chairperson of the Commission shall be elected by a majority of the members of the Commission. (c) Director and Staff; Experts and Consultants.-- (1) Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Commission and paid at the rate of basic pay payable for Level III of the Executive Schedule. (2) Appointment and pay of staff.--The Commission may appoint such personnel as it considers appropriate without regard to the provisions of title 5, United States Code, governing appointment to the competitive service. Such personnel shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. (3) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Staff of federal agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties. (d) Powers.-- (1) Hearings and sessions.-- (A) In general.--The Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate to carry out its duties under this Act. The Commission may administer oaths or affirmations to witnesses appearing before it. (B) Maximization of local involvement.--The Commission shall hold its hearings in a place and manner which maximizes local community involvement, input, and participation. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Information.--The Commission may secure directly from any department or agency of the United States any information necessary to enable it to carry out its duties under this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission to the extent otherwise permitted by law. (4) Gifts and donations.--The Commission may accept, use, and dispose of gifts or donations of services or property. (5) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (6) Administrative support services.--The Administrator shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (e) Termination.--The Commission shall terminate 30 days after submitting its final comments pursuant to section 4(b)(3). (f) Authorization of Appropriations.--There is authorized to be appropriated to the Commission for carrying out its duties under this Act an amount not to exceed $200,000. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services or the Administrator's designated representative. (2) Commission.--The term ``Commission'' means the Commission on Closure of the Lorton Correctional Complex established under section 5(a). (3) Lorton correctional complex.--The term ``Lorton Correctional Complex'' means any District of Columbia correctional, reformatory, or related facility which is located in the Commonwealth of Virginia and which is operated under the authority, control, supervision or management of the District of Columbia Department of Corrections, the Mayor of the District of Columbia, or any other agency or official of the District of Columbia. (4) Implementation plan.--The term ``Implementation Plan'' means the Implementation Plan described in section 4.", "summary": "Lorton Correctional Complex Closure Act - Transfers the Lorton Correctional Complex to the Administrator of General Services (within six years) for disposal in accordance with an implementation plan for the closure of the Complex. Prohibits the establishment of any future District of Columbia (DC) prison facility in Virginia without the approval of the Governor of Virginia. Directs that any DC felon (excluding any individual convicted of a misdemeanor, as a juvenile offender, or any person detained pending trial in DC Superior Court) who is committed to the custody of the Attorney General for a term of imprisonment on or after the enactment date of this Act be incarcerated in a facility designated by the Director of the Bureau of Prisons, in accordance with such rules as the Attorney General may establish to assure that the treatment of such felons is similar to that of others under the control of the Director. Sets forth transition provisions. Requires the Administrator to submit to the Congress an implementation plan for the closure of the Complex which shall identify actions with respect to the future use of the land on which the Complex is located and other specified issues. Establishes a Commission on Closure of the Lorton Correctional Complex. Sets forth provisions regarding: (1) a process for submission of the final implementation plan; (2) review of the Commission's proposal; (3) comments by the Commission and its members on the plan to the Administrator; (4) submission of a final plan; (5) automatic implementation of the plan; (6) membership, terms, vacancies, compensation, powers, and termination of the Commission; and (7) staff, experts, and consultants to the Commission. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Readiness through Early Pell Act of 2016'' or the ``PREP Act of 2016''. SEC. 2. FEDERAL PELL GRANTS FOR STUDENTS DUALLY OR CONCURRENTLY ENROLLED AT AN ELIGIBLE INSTITUTION THAT IS A PUBLIC INSTITUTION OF HIGHER EDUCATION AND A SECONDARY SCHOOL. (a) Amount and Determinations of Federal Pell Grants.--Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended-- (1) in subsection (a), by inserting ``or is dually or concurrently enrolled at an eligible institution that is a public institution of higher education and a secondary school,'' after ``undergraduate,''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``, or the period in which the student is dually or concurrently enrolled at an eligible institution that is a public institution of higher education and a secondary school,'' after ``at which the student is in attendance''; and (B) in paragraph (4)-- (i) by amending subparagraph (A) to read as follows: ``(A) is-- ``(i) carrying at least one-half the normal full- time work load for the course of study the student is pursuing, as determined by the institution of higher education; and ``(ii) enrolled or accepted for enrollment in a postbaccalaureate program that does not lead to a graduate degree and courses required by a State in order for the student to receive a professional certification or licensing credential that is required for employment as a teacher in an elementary school or secondary school in that State; or''; (ii) by amending subparagraph (B) to read as follows: ``(B) demonstrates evidence of a credible disruption or redirection in course of study necessitating additional time to complete-- ``(i) a postsecondary degree; or ``(ii) a recognized postsecondary credential, as the term is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102),''; and (iii) in the undesignated matter at the end, by striking ``except that this paragraph'' and inserting ``except that subparagraph (A)''. (b) Student Eligibility.--Section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091) is amended-- (1) in subsection (a)(1), by inserting ``, except as provided in subsection (d)(2)'' after ``secondary school''; and (2) in subsection (d)-- (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: ``(2) Student eligibility for federal pell grants.--In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, and who does not meet one of the requirements under paragraph (1), to be eligible for assistance under subpart 1 of part A of this title, the student shall be dually or concurrently enrolled at an eligible institution that is a public institution of higher education and a secondary school.''. SEC. 3. NON-FEDERAL FUNDS FOR DUAL OR CONCURRENT ENROLLMENT PROGRAMS. (a) In General.--Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following new section: ``SEC. 8549D. NON-FEDERAL FUNDS FOR DUAL OR CONCURRENT ENROLLMENT PROGRAMS. ``As a condition of receiving funds under this Act, with respect to a State educational agency or local educational agency offering a dual or concurrent enrollment program in partnership with an institution of higher education and in which a student is receiving a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) to enroll in such institution as a participant in such program, such agency may not reduce the funds that, in the absence of such Federal Pell Grant, would otherwise be made available from State or local sources for such program.''. (b) Technical Amendment.--The table of contents of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 8549C the following new item: ``Sec. 8549D. Non-Federal funds for dual or concurrent enrollment programs.''. SEC. 4. REGULATIONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Education shall prescribe regulations requiring that a secondary school offering a dual or concurrent enrollment program shall-- (1) consult with teachers and school administrators, including secondary school career and guidance counseling staff, to ensure that the enrollment of a student in such program is a component of a personalized learning plan for the student that is based on the academic and career goals of the student; (2) provide information to teachers, school administrators, faculty and staff of the post-secondary institution, students, and the families of such students regarding the standards of the post-secondary institution and the effect that enrollment in such program will have on the eligibility of a student for Federal financial aid; and (3) submit an annual report to the Secretary that includes the following: (A) The total number and percentage of students who enroll in and subsequently complete courses of study at a public institution of higher education through the dual or concurrent enrollment program. (B) The number of postsecondary credits earned by students while enrolled in the dual or concurrent enrollment program that may be applied toward a postsecondary degree or a recognized postsecondary credential. (C) The percentage of students who enroll in an institution of higher education after graduation from the secondary school. (D) The percentage of students who concurrently earn a secondary school diploma and an associate degree. (E) The percentage of students who concurrently earn a secondary school diploma and a recognized postsecondary credential. (b) Definitions.--In this section: (1) ESEA terms.--The terms ``dual or concurrent enrollment program'' and ``secondary school'' have the meanings given those terms, respectively, in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).", "summary": "Promoting Readiness through Early Pell Act of 2016 or the PREP Act of 2016 This bill amends the Higher Education Act of 1965 by allowing a Federal Pell Grant to be awarded to a student who is dually or concurrently enrolled at a public institution of higher education and a secondary school."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Economic Impact Analysis Act of 2005''. SEC. 2. AGENCY RESTRUCTURING OR TERMINATION OF USE OF FACILITY. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 37 as section 38; and (2) by inserting after section 36 the following: ``SEC. 37. AGENCY RESTRUCTURING OR TERMINATION OF USE OF FACILITY. ``(a) Definitions.--As used in this section, the following definitions apply: ``(1) Agency.--The term `agency' has the meaning given the term in section 551(1) of title 5, United States Code. ``(2) Qualifying termination or restructuring.--The term `qualifying termination or restructuring' means any termination of the use of a facility or restructuring that will result in the net loss of at least 1,000 governmental and nongovernmental jobs in any State. ``(3) Restructuring.--The term `restructuring' means any action by an agency that both reduces and relocates functions and personnel, but does not include a reduction in personnel resulting from workload adjustments, reduced funding levels, or skill imbalances. ``(4) Small governmental jurisdiction.--The term `small governmental jurisdiction' has the meaning given the term in section 601(5) of title 5, United States Code. ``(5) State.--The term `State' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ``(b) General Requirement.-- ``(1) Agencies.--An agency may not make a qualified termination or restructuring until after complying with the requirements of subsections (c) through (e). ``(2) Other entities.--An entity that is statutorily authorized to recommend a qualified termination or restructuring may not finalize its recommendation until after complying with the requirements of subsections (c) through (e). ``(c) Economic Analysis.-- ``(1) Economic analysis required.-- ``(A) Agencies.--Prior to making any qualifying termination or restructuring, an agency shall conduct a detailed analysis of the impact on small business concerns and small governmental jurisdictions of the proposed termination or restructuring. ``(B) Other entities.--Prior to recommending a qualifying termination or restructuring, any entity statutorily authorized to make such recommendations shall conduct a detailed analysis of the impact on small business concerns and small governmental jurisdictions of the proposed termination or restructuring. ``(2) Scope of economic analysis.--The analysis required under paragraph (1) shall include-- ``(A) a description of the small business concerns and small governmental jurisdictions that will be affected by the proposed termination or restructuring and an estimate of the number of such small business concerns and small governmental jurisdictions; ``(B) a description of the efforts by the agency or entity to minimize the significant adverse economic impact on small business concerns and small governmental jurisdictions of the proposed termination or restructuring; and ``(C) a description of any alternative termination or restructuring that would reduce the overall impact of the proposed termination or restructuring on small business concerns, together with an explanation of the reasons for not proposing such alternative termination or restructuring. ``(3) Cost-benefit analysis of impact on certain states.-- ``(A) In general.--In conducting the analysis required under paragraph (1), the agency or entity shall also conduct, consistent with the principles stated in Office of Management and Budget Circular A-4 (September 17, 2003), a quantitative cost-benefit analysis of the economic impact upon small business concerns and small governmental jurisdictions of the proposed termination or restructuring in any State where the agency or entity determines the economic impact of such termination or restructuring would exceed $100,000,000. ``(B) Scope of cost-benefit analysis.--In conducting a cost-benefit analysis under subparagraph (A), the agency or entity shall-- ``(i) evaluate and compare the costs and benefits to small business concerns and small governmental jurisdictions of the proposed termination or restructuring, quantifying and expressing in monetized values to the maximum extent possible such costs and benefits; ``(ii) provide clearly stated alternatives to the proposed termination or restructuring; and ``(iii) prepare a summary report of the costs and benefits to small business concerns and small governmental jurisdictions of the termination or restructuring proposed under each such set of alternate proposals. ``(C) Transparency of cost-benefit analysis.-- ``(i) In general.--In conducting a cost- benefit analysis under subparagraph (A) or preparing a summary report under subparagraph (B)(iii), the agency or entity shall take measures to ensure the transparency of such actions, including the bases for making estimates and forming conclusions for purposes of such analysis or report. ``(ii) Required measures.--The measures an agency or entity takes to ensure transparency shall include-- ``(I) incorporating an executive summary; ``(II) detailing the assumptions that were used in the analysis and the discount rates applied to future costs and benefits; ``(III) specifically referencing all sources of data; ``(IV) providing appendices with documentation of any models used; and ``(V) including the results of formal sensitivity and other uncertainty analyses. ``(d) Publication of Economic Analysis.-- ``(1) Draft economic analysis.--Not later than 180 days before taking final action on a qualifying termination or restructuring, an agency or entity shall-- ``(A) publish a draft of its economic analysis under subsection (c) on its website; and ``(B) provide notice of the draft economic analysis in the Federal Register with at least a 60-day period for public comment. ``(2) Final economic analysis.--After due consideration of any comments, the agency or entity shall publish-- ``(A) a final economic analysis on its web site; and ``(B) a notice regarding the final economic analysis in the Federal Register. ``(e) GAO Review.-- ``(1) In general.--After publishing the final economic analysis under subsection (d), an agency or entity shall submit its final economic analysis to the Comptroller General of the United States for review of the analysis. ``(2) Deadline.--Not later than 90 days after receiving a final economic analysis under paragraph (1), the Comptroller General of the United States shall complete an analysis of the submission and publish a report regarding the sufficiency of the analysis. ``(3) Revised economic analysis required upon determination of insufficient analysis.--If the Comptroller General of the United States determines that the final economic analysis is insufficient, the agency or entity shall repeat the procedures required under subsections (c) and (d) and paragraph (1). ``(f) Final Action.--An agency or entity may not take final action on a qualifying termination or restructuring until after receiving a satisfactory review from the Comptroller General of the United States under subsection (e). ``(g) Judicial Review.-- ``(1) In general.--Not later than 90 days after the notice regarding the final economic analysis is published in the Federal Register under subsection (d)(2)(B), any small business concern or small governmental jurisdiction adversely affected or aggrieved by the qualifying termination or restructuring may file a petition for judicial review of the qualifying termination or restructuring with the United States Court of Appeals for the circuit in which the small business concern or small governmental jurisdiction is located. ``(2) Expedited review.--The Court of Appeals shall provide for expedited review of a petition under paragraph (1). ``(3) Scope of review.--Any review under paragraph (1) shall be limited to determining whether-- ``(A) the qualifying termination or restructuring constitutes an agency action that is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; and ``(B) the economic analysis under subsection (c) was insufficient.''. (b) Applicability.--The requirements of section 37 of the Small Business Act, as added by subsection (a), shall apply to any qualifying termination or restructuring (as that term is defined in subsection (a) of such section) for which final action has not occurred as of the date of the enactment of this Act.", "summary": "Small Business Economic Impact Analysis Act of 2005 - Prohibits an agency from making a qualified termination or restructuring (a termination of the use of a facility or restructuring that will result in the net loss of at least 1,000 jobs in a state) unless it conducts a detailed analysis of the impact on small businesses and small governmental jurisdictions of the proposed termination or restructuring. Requires: (1) a related cost-benefit analysis; and (2) the agency to publish a draft of the analysis at least 180 days before undertaking the termination or restructuring. Directs the: (1) agency to publish a final economic analysis; and (2) Comptroller General to review such final analysis. Prohibits an agency from taking final action on a termination or restructuring until its analysis receives a satisfactory review from the Comptroller General. Authorizes judicial review for any small business or small governmental jurisdiction adversely affected or aggrieved by a qualifying termination or restructuring."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Error Prevention Act of 2002''. SEC. 2. VOLUNTARY REPORTING PROGRAM REGARDING MEDICATION ERRORS; DEVELOPMENT AND DISSEMINATION OF RECOMMENDATIONS FOR PREVENTING MEDICATION ERRORS. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following section: ``SEC. 249. VOLUNTARY REPORTING PROGRAM REGARDING MEDICATION ERRORS; DEVELOPMENT AND DISSEMINATION OF RECOMMENDATIONS FOR PREVENTING MEDICATION ERRORS. ``(a) Privileged Legal Status of Reported Information.--If the Secretary approves a program as meeting the criteria described in subsection (b) to serve as the reporting program for purposes of this section, any medication error information submitted to the reporting program by a health care provider pursuant to an agreement under paragraph (3) of such subsection is privileged for purposes of Federal and State judicial proceedings in civil matters, and for purposes of Federal and State administrative proceedings, including with respect to discovery and subpoenas. ``(b) Criteria for Reporting Program.--With respect to the approval by the Secretary of a reporting program for purposes of this section, the criteria referred to in subsection (a) are as follows: ``(1) The reporting program is operated by The United States Pharmacopeial Convention, Incorporated (except that if such entity declines to operate a reporting program for purposes of this section, the Secretary may accept another nonprofit private entity for such purposes). ``(2) Under such program, health care providers voluntarily submit medication error information to the program, and the program uses the information for the purpose of developing and disseminating recommendations and information with respect to preventing such errors, including recommendations in the form of protocols, procedures, and best-practices information. ``(3) The use by the program of medication error information submitted to the program by a health care provider is governed by an agreement entered into by the program and the provider. ``(4) Such agreement includes the following policies (without regard to whether the following language is used in the agreement): ``(A) Subject to subparagraph (B), the reporting program reserves the right to disclose to third parties medication error information submitted by a health care provider if, in the judgment of the program, the information can be used for purposes of furthering research, education, standards setting, improvement in processes, product improvement, public health, or public safety. ``(B) If such a disclosure is made, the extent of information disclosed will be limited to the information required to meet the purposes described in subparagraph (A). ``(c) Federal Disclosures.--Officers and employees of a Federal agency may not disclose any medication error information that is received by the agency from the reporting program pursuant to an agreement between the agency and the program, except to the extent that disclosure of the information is authorized by the agreement. The preceding sentence applies notwithstanding any other provision of law. ``(d) Scope of Privilege.--With respect to Federal and State judicial proceedings in civil matters, and Federal and State administrative proceedings: ``(1) In the case of a health care provider: ``(A) The privilege under subsection (a) protects all medication error information of the provider that is provided in a submission to the reporting program or is developed for purposes of such a submission, subject to subparagraph (B). ``(B) The privilege does not protect medication error information in patient medical records of the provider, or other information that is in the custody of the provider and is developed or maintained by the provider separately from the process of developing medication error information for submission to the program. ``(2) In the case of the reporting program, the privilege protects all medication error information that is received by the program pursuant to agreements under subsection (b)(3). ``(3) In the case of other entities (whether public or private), the privilege protects all medication error information that is received by the entity from the reporting program pursuant to an agreement between the entity and the program, except to the extent that disclosure of the information is authorized by the agreement. ``(e) Rule of Construction.--The submission by a health care provider of medication error information to the reporting program may not be construed as waiving any privilege that, under Federal or State constitutions or laws, may exist with respect to the information. ``(f) Definitions.--For purposes of this section: ``(1) The term `health care provider' means individuals and organizations that provide health services. Such term includes-- ``(A) physicians, nurses, pharmacists, and other health professionals; and ``(B) hospitals, pharmacies, clinics, long-term care facilities, intermediate care facilities, residential treatment centers, and other entities that provide health services. ``(2) The term `medication error' means any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing; order communication; product labeling, packaging, and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use. ``(3) The term `medication error information' means information developed by or on behalf of a health care provider in connection with a medication error. ``(4) The term `reporting program' means the program approved under subsection (a).''.", "summary": "Medication Error Prevention Act of 2002 - Amends the Public Health Service Act to make medication error information privileged for Federal and State administrative and civil judicial proceedings if the information is voluntarily submitted by a health care provider to a program, approved by the Secretary of Health and Human Services, for the purpose of developing and disseminating recommendations and information regarding preventing such errors."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cameron Gulbransen Kids and Cars Safety Act of 2003''. SEC. 2. EVALUATION OF DEVICES AND TECHNOLOGY TO REDUCE CHILD INJURY AND DEATH FROM PARKED OR UNATTENDED MOTOR VEHICLES. (a) In General.--The Secretary of Transportation shall evaluate-- (1) devices and technologies intended to reduce the incidence of child injury and child death occurring outside of parked motor vehicles in nontraffic, noncrash events, including backing-over incidents, that are caused by such vehicles, and determining which of those methods is the most effective; and (2) currently available technology to prevent injury and death of children left unattended inside of parked motor vehicles, including injury or death due to hyperthermia, power windows, or power sunroofs. (b) Report.--The Secretary of Transportation shall submit a report on the findings and determinations of the evaluation under this section to the Congress by not later than one year after the date of the enactment of this Act. (c) Completion of Rulemaking Regarding Power Windows.--The Secretary of Transportation shall by not later than 6 months after the submission of the report under subsection (b) complete any rulemaking begun before the date of the enactment of this Act regarding power windows and power window switches. SEC. 3. DATABASE FOR TRACKING THE NUMBER AND TYPES OF INJURIES AND DEATHS IN NONTRAFFIC, NONCRASH EVENTS. (a) Establishment.--The Secretary of Transportation shall establish a database of (or modify an existing database to include), and collect data regarding, the numbers and types of injuries and deaths in nontraffic, noncrash events involving motor vehicles. (b) Included Information.--The Secretary of Transportation shall collect and include in such database the following information: (1) The types, makes, models, and model years of motor vehicles involved in nontraffic, noncrash events. (2) Whether there was an operator of each motor vehicle in such events. (3) The age of each operator of such motor vehicles. (4) The age of each individual who suffered injury or death in such events. (5) Whether each motor vehicle had technology installed to detect individuals and objects behind it. (6) The degree of injury to each individual who suffered injury or death in such events. (7) The location of which the injury or death occurred. (8) Any other information prescribed by the Secretary of Transportation. (c) Availability.--The Secretary of Transportation shall make information in the database under this section available to the public, through-- (1) an Internet page of the Department of Transportation; and (2) annual reports. SEC. 4. MOTOR VEHICLE BACKOVER PREVENTION TECHNOLOGY EVALUATION. (a) In General.--The Secretary of Transportation shall evaluate the available technologies for detecting and preventing collisions with individuals and objects behind a motor vehicle, with respect to the accuracy, effectiveness, cost, and feasibility of installation of such technologies in a wide variety of motor vehicles. (b) Report.--The Secretary of Transportation shall submit a report on the findings of the evaluation under this section to the Congress by not later than one year after the date of the enactment of this Act. SEC. 5. MOTOR VEHICLE SAFETY STANDARDS REQUIRING BACKUP DETECTION DEVICES. (a) In General.--Based on the findings of the evaluation under section 4, the Secretary of Transportation shall prescribe motor vehicle safety standards that-- (1) require the installation, as standard equipment on a new motor vehicle, of devices for detecting, and providing to operators of such a vehicle a warning of, individuals and objects behind the motor vehicle; and (2) establish requirements for the performance of such devices. (b) Phased-In Application.--Standards prescribed under this section shall take effect (as specified by the standards) over the 3-year period beginning on the date of the submission of the report under section 4(b), as follows: (1) With respect to light trucks (as defined by the Administration for purposes of the standards), by not later than the end of the 2-year period beginning on such date. (2) With respect to other passenger motor vehicles specified by the Secretary of Transportation, after the end of such 2-year period and by not later than the end of the 3-year period beginning on such date. SEC. 6. MOTOR VEHICLE SAFETY STANDARDS FOR POWER WINDOWS AND POWER SUNROOFS. The Secretary of Transportation shall, by not later than 1 year after the date of the enactment of this Act, prescribe motor vehicle safety standards for power windows and power sunroofs, that-- (1) ensure that the operation of power windows, power window switches, and power sunroofs cannot result in deaths and injuries; and (2) require inclusion with power windows and power sunroofs of-- (A) child-safe switches; and (B) auto reverse technology.", "summary": "Cameron Gulbransen Kids and Cars Safety Act of 2003 - Directs the Secretary of Transportation to: (1) evaluate devices and technologies to reduce child injuries and deaths occurring outside of parked motor vehicles in non-traffic, non-crash events or inside of parked vehicles when children are left unattended; (2) establish a database of, and collect data on, the number and types of injuries and deaths in such events; (3) evaluate technologies for detecting and preventing collisions with individuals and objects behind motor vehicles; (4) prescribe safety standards to require devices for detecting individuals and objects behind motor vehicles; and (5) prescribe safety standards for power windows and power sunroofs, including requirements for child-safe switches and auto reverse technology."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bereaved Consumer's Bill of Rights Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) there have been shocking consumer abuses in the funeral industry, including scandals at Burr Oak Cemetery in Alsip, Illinois, Menorah Gardens Cemetery in Palm Beach, Florida, and the Tri State Crematory in Noble, Georgia; (2) funeral arrangements are a major expense for most American households and families; (3) some consumers seek to ease the burdens on their families by arranging and paying for preneed funeral and cemetery arrangements; (4) most funerals are planned by grieving family members at a time when they are especially vulnerable and unlikely to focus on cost comparison; (5) the Federal Trade Commission's Funeral Industry Practices Trade Regulation Rule (known as the Funeral Rule) dictates consumer protections in the funeral home, but does not cover the practices of cemeteries, crematoria, or sellers of monuments, urns, or caskets; (6) State laws are inconsistent and frequently too weak to provide adequate consumer protections, creating a need for minimum Federal standards in this area; (7) consumers have the right to receive clear and accurate information about all funeral goods and funeral services offered for sale; (8) consumers need effective protection from fraud and abusive practices by all providers of funeral goods and funeral services and at all stages of the funeral planning process; and (9) a new Federal law that provides adequate protections to grieving families is warranted. SEC. 3. FTC RULEMAKING RELATING TO UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN THE PROVISION OF FUNERAL GOODS OR FUNERAL SERVICES. (a) In General.--The Federal Trade Commission shall prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or funeral services. Such rules shall include the following: (1) A requirement that providers of funeral goods or funeral services furnish accurate price information disclosing clearly and conspicuously the cost to the purchaser for each of the specific funeral goods or funeral services provided or offered for sale. (2) A prohibition on misrepresentations by such providers, including misrepresentations of the requirements of Federal, State, or local law. (3) A prohibition on conditioning the provision of any funeral good or funeral service upon the purchase of any other funeral good or funeral service from that provider, except as required by law. (4) A requirement that any presale disclosures and contracts for funeral services or funeral goods be written clearly, stating the merchandise and services that purchasers are buying and their prices. (5) In the case of contracts for funeral services or funeral goods that are prepaid in whole or in part, a requirement for clear and conspicuous presale and contractual disclosure regarding any penalties incurred if the consumer decides to cancel or transfer the contract to another provider of funeral services or funeral goods. (6) A requirement that contracts for funeral services or funeral goods disclose clearly and conspicuously all fees and costs to be incurred in the future or at the time that the funeral services or funeral goods are provided. (7) A requirement that cemeteries provide to consumers, in a timely manner, all written rules and regulations of the cemetery, and a clear explanation in writing of the interment, inurnment, or entombment right that has been purchased, and any material terms and conditions of that purchase, including any repurchase option by the cemetery or resale rights available to the consumer. (8) A requirement that cemeteries-- (A) retain all records in existence on the date of enactment of this Act, including maps or other systems indicating the location and date of each interment, inurnment, or entombment; (B) accurately record and retain records of all interments, inurnments, or entombments occurring, as well as any internment, inurnment, or entombment rights sold, after the effective date of the regulations issued under this subsection, in such manner and form as the Commission may prescribe in such regulations; and (C) make such records available to Federal, State, and local governments, as appropriate. (b) Rulemaking.--The Commission shall prescribe the rules under subsection (a) within 1 year after the date of enactment of this Act. Such rules, and any future rules or revision of rules prescribed by the Commission prohibiting unfair or deceptive acts or practices in the provision of funeral goods or funeral services, shall be prescribed in accordance with section 553 of title 5, United States Code. (c) Application of Rules to Tax-Exempt Organizations and States.-- Notwithstanding the definition of corporation in section 4 of the Federal Trade Commission Act (15 U.S.C. 44), the rules prescribed under subsection (a), and any future rules or revision of rules prescribed by the Commission prohibiting unfair or deceptive acts or practices in the provision of funeral goods or funeral services, shall also apply to cemeteries organized or operated by-- (1) organizations described in section 501(c) of the Internal Revenue Code of 1986 that are exempt from taxation under section 501(a) of such Code, except for cemeteries organized, operated, managed, and owned by a religious denomination, middle judicatory, house of worship, or similar religious organization, and that are not organized, operated, managed, or owned by contract or affiliation with a for-profit provider of funeral goods or funeral services that offers those goods or services for sale to the public; or (2) States or any political subdivision of a State. (d) Enforcement.--Any violation of any rule prescribed under this section shall be treated as a violation of a regulation prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. Any person who violates the regulations prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. SEC. 4. ENFORCEMENT BY STATES. (a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in an act or practice which violates any rule of the Commission issued under section 3 of this Act or the Trade Regulation Rule on Funeral Industry Practices (16 C.F.R. 453.1 et seq.), the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such violative act or practice, to enforce compliance with such rule of the Commission, to obtain damages, restitution, or other compensation on behalf of residents of such State, or to obtain such further and other relief as the court may determine appropriate. (b) Notice.--The State shall provide prior written notice of any civil action under subsection (a) or (f)(2) to the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right-- (1) to intervene in such action; (2) upon so intervening, to be heard on all matters arising therein; (3) to remove the action to the appropriate United States district court; and (4) to file petitions for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall prevent an attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by Commission.--Whenever a civil action has been instituted by or on behalf of the Commission for violation of any rule prescribed under section 3 of this Act, no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) or (f)(2) of this section against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (e) Venue; Service of Process.--Any civil action brought under subsection (a) of this section in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (f) Actions by Other State Officials.-- (1) Construction.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (2) Other state actions.--In addition to actions brought by an attorney general of a State under subsection (a) of this section, such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. SEC. 5. EFFECT ON OTHER LAW. Nothing in this Act or the rules prescribed under this Act shall be construed to preempt any provision of any law of a State or political subdivision of that State that provides protections to consumers of funeral services or funeral goods, except to the extent that the provision of law is inconsistent with any provision of this Act or a rule prescribed under this Act, and then only to the extent of the inconsistency. SEC. 6. DEFINITIONS. In this Act-- (1) the term ``cemetery'' means any organization, association, or other business that offers for sale the interment, inurnment, or entombment of human remains, but does not include any cemetery that-- (A) performs fewer than a total of 25 interments, inurnments, and entombments during any calendar year; or (B) sells fewer than a total of 25 interment rights, inurnment rights, and entombment rights during any calendar year; (2) the term ``funeral goods'' means the goods which are sold or offered for sale directly to the public for use in connection with funeral services; and (3) the term ``funeral services'' means-- (A) any services which are sold or offered for sale directly to the public in order to-- (i) care for and prepare deceased human bodies for burial, cremation, or other final disposition; or (ii) arrange, supervise, or conduct the funeral ceremony or the final disposition of deceased human bodies; or (B) services provided by funeral directors, morticians, cemeterians, cremationists, and retailers of caskets, urns, monuments, and markers.", "summary": "Bereaved Consumer's Bill of Rights Act of 2016 This bill directs the Federal Trade Commission (FTC) to prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. The rules must: (1) require price information to be disclosed clearly and conspicuously; (2) prohibit misrepresentations or the provision of goods or services being conditioned upon the purchase of other goods or services from the provider; (3) require presale disclosures and contracts to be written clearly, stating the merchandise, services, and prices and disclosing any penalties for canceling or transferring a contract; (4) require cemeteries to provide consumers all written rules and regulations of the cemetery and all material terms and conditions of purchase; and (5) require cemeteries to retain all records in existence on the date of enactment of this bill and accurately record and retain records of interments, inurnments, or entombments. Cemeteries subject to the FTC's rules shall include those organized or operated by states, political subdivisions, or tax-exempt organizations. But the bill excludes cemeteries organized, operated, managed, and owned by a religious organization and that are not affiliated with a for-profit provider offering funeral goods and services for sale to the public. The FTC and states are provided authority to enforce against violations."}
{"article": "THROUGH ADMINISTRATIVE PROCESSES. Subsection (a) of section 7 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(a)) is amended to read as follows: ``(a) Administrative Remedies.-- ``(1) Presentation.--No claim with respect to prison conditions under section 1979 of the Revised statutes (42 U.S.C. 1983), or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility shall be adjudicated except under section 1915A(b) of title 28, United States Code, until the claim has been presented for consideration to officials of the facility in which the claim arose. Such presentation satisfies the requirement of this paragraph if it provides prison officials of the facility in which the claim arose with reasonable notice of the prisoner's claim, and if it occurs within the generally applicable limitations period for filing suit. ``(2) Stay.--If a claim included in a complaint has not been presented as required by paragraph (1), and the court does not dismiss the claim under section 1915A(b) of title 28, United States Code, the court shall stay the action for a period not to exceed 90 days and shall direct prison officials to consider the relevant claim or claims through such administrative process as they deem appropriate. However, the court shall not stay the action if the court determines that the prisoner is in danger of immediate harm. ``(3) Proceeding.--Upon the expiration of the stay under paragraph (2), the court shall proceed with the action except to the extent the court is notified by the parties that it has been resolved.''. SEC. 4. EXEMPTION OF JUVENILES FROM PRISON LITIGATION REFORM ACT. (a) Title 18.-- (1) Juvenile proceedings.--Section 3626(g) of title 18, United States Code, is amended-- (A) in paragraph (3) by striking ``or adjudicated delinquent for,''; and (B) so that paragraph (5) reads as follows: ``(5) the term `prison' means any Federal, State, or local facility that incarcerates or detains prisoners;''. (2) Adult convictions.--Section 3626 of title 18, United States Code, is amended by adding at the end the following: ``(h) Exclusion of Child Prisoners.--This section does not apply with respect to a prisoner who has not attained the age of 18 years.''. (b) Civil Rights of Institutionalized Persons Act.-- (1) Section 7(h) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(h)), is amended by striking ``or adjudicated delinquent for,''. (2) Section 7 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended by adding at the end the following: ``(i) Exclusion of Child Prisoners.--This section does not apply with respect to a prisoner who has not attained the age of 18 years.''. (c) Title 28.--Title 28, United States Code, is amended-- (1) in section 1915(h)-- (A) by inserting ``who has attained the age of 18 years'' after ``means any person''; and (B) by striking ``or adjudicated delinquent for,''; and (2) in section 1915A(c)-- (A) by inserting ``who has attained the age of 18 years'' after ``means any person''; and (B) by striking ``or adjudicated delinquent for,''. SEC. 5. MODIFICATION OF BAN ON MULTIPLE IN FORMA PAUPERIS CLAIMS. Section 1915(g) of title 28, United States Code, is amended-- (1) by inserting ``within the preceding 5 years'' after ``3 or more occasions''; and (2) by striking ``, malicious, or fails to state a claim upon which relief may be granted'' and inserting ``or malicious''. SEC. 6. FILING FEES IN FORMA PAUPERIS. Section 1915(b)(1) of title 28, United States Code, is amended-- (1) by striking ``or files an appeal''; and (2) by inserting ``and the action is dismissed at initial screening pursuant to subsection (e)(2) of this section, section 1915A of this title, or section 7(c)(1) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(c)(1)),'' after ``in forma pauperis,''. SEC. 7. TECHNICAL AMENDMENT TO RESOLVE AMBIGUITY. Section 1915(a)1) of title 28, United States Code, is amended by striking ``that includes a statement of all assets such prisoner possesses'' and inserting ``(including a statement of assets such person possesses)''. SEC. 8. ENCOURAGEMENT OF APPROPRIATE SETTLEMENT OF PRISONER LITIGATION. Section 3626(c)(1) of title 18, United States Code, is amended, by striking the period at the end and inserting ``, except that the violation of a Federal right may be alleged by plaintiff rather than proven or stipulated.''. SEC. 9. JUDICIAL DISCRETION IN CRAFTING PRISON ABUSE REMEDIES. Section 3626 of title 18, United States Code, is amended-- (1) in subsection (a)(2) by striking the final sentence; (2) in subsection (b)(1)(A), by inserting ``if that party demonstrates that it has eliminated the violation of the Federal right that gave rise to the prospective relief and that the violation is reasonably unlikely to recur'' after ``intervener''; (3) in subsection (b)(1)(B), by adding at the end the following: ``Nothing in this section shall prevent the court from extending any of the time periods set out in subsection (A), if the court finds, at the time of granting or approval of the prospective relief, that correction of the violation will take longer than those time periods.''; and (4) in subsection (e) by striking paragraphs (2), (3), and (4). SEC. 10. EFFECTIVE DATE. The amendments made by this Act shall apply to all cases currently pending in Federal court and any such cases filed on or after the date of enactment of this Act.", "summary": "Prison Abuse Remedies Act of 2009 - Amends the Civil Rights of Institutionalized Persons Act to: (1) eliminate the requirement of a prior showing of physical injury before a prisoner may bring a claim for mental or emotional injury suffered while in custody; and (2) provide for a 90-day stay of nonfrivolous claims relating to prison conditions to allow prison officials to consider such claims through the administrative process; and (3) exclude from the application of such Act prisoners under the age of 18. Amends the federal criminal code to: (1) exempt prisoners under the age of 18 from the restrictions imposed by the Prison Litigation Reform Act; and (2) expand the discretionary authority of judges in awarding relief in actions involving prison conditions. Amends the federal judicial code to: (1) exempt prisoners under the age of 18 from certain restrictions on in forma pauperis proceedings; (2) expand the number of in forma pauperis actions a prisoner may bring; and (3) revise requirements for assessing filing fees and costs against prisoners in such actions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Security and Enforcement Act of 1997''. SEC. 2. ESTABLISHMENT OF OFFICE. (a) In General.--There is established in the Department of Justice an office to be known as the Office of Enforcement and Border Affairs. (b) Director.--The head of the Office of Enforcement and Border Affairs shall be the Director of the Office of Enforcement and Border Affairs, who-- (1) shall be appointed by the President, by and with the advice and consent of the Senate; and (2) shall report directly to the Attorney General. (c) Compensation.--The Director shall be paid at the rate of basic pay payable for level III of the Executive Schedule. (d) Functions.--The Director shall perform such functions as are transferred to the Director by this Act or otherwise vested in the Director by law. SEC. 3. TRANSFER OF FUNCTIONS. There are transferred from the Commissioner of the Immigration and Naturalization Service to the Director all functions performed under the following programs, and all personnel, infrastructure, and funding provided to the Commissioner in support of such programs immediately before the effective date of this Act: (1) The Border Patrol program. (2) The detention and deportation program. (3) The intelligence program. (4) The investigations program. (5) The inspections program. SEC. 4. REFERENCES. With respect to any function transferred by this Act and exercised on or after the effective date of this Act, reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to an office from which a function is transferred by this Act-- (1) to the head of such office is deemed to refer to the head of the office to which such function is transferred; or (2) to such office is deemed to refer to the office to which such function is transferred. SEC. 5. EXERCISE OF AUTHORITIES. Except as otherwise provided by law, a Federal official to whom a function is transferred by this Act may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act. SEC. 6. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by the President, the Attorney General, the Commissioner of the Immigration and Naturalization Service, the Assistant Commissioner for Border Patrol, the Assistant Commissioner for Detention and Deportation, the Assistant Commissioner for Intelligence, the Assistant Commissioner for Investigations, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date); shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (b) Proceedings.--This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office whose functions are transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits.--This Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Department of Justice or the Immigration and Naturalization Service, or by or against any individual in the official capacity of such individual as an officer or employee in connection with a function transferred by this Act, shall abate by reason of the enactment of this Act. (e) Continuance of Suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) Administrative Procedure and Judicial Review.--Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the office, and other officers of the office, to which such function is transferred by this Act. SEC. 7. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL. (a) In General.--The personnel of the Department of Justice employed in connection with the functions transferred by this Act, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to the Immigration and Naturalization Service in connection with the functions transferred by this Act, subject to section 202 of the Budget and Accounting Procedures Act of 1950, shall be transferred to the Office of Enforcement and Border Affairs for appropriate allocation by the Director. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. (b) Effect on Personnel.-- (1) In general.--The transfer under this Act of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of transfer to the Office of Enforcement and Border Affairs. (2) Executive schedule.--Any person who, on the day preceding the effective date of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Office of Enforcement and Border Affairs to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. SEC. 8. DELEGATION AND ASSIGNMENT. Except as otherwise expressly prohibited by law or otherwise provided in this Act, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. SEC. 9. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED. (a) Determinations.--If necessary, the Director of the Office of Management and Budget shall make any determination of the functions that are transferred under this Act. (b) Incidental Transfers.--The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director shall provide for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. SEC. 10. DEFINITIONS. For purposes of this Act: (1) Except as otherwise provided, the term ``Director'' means the Director of the Office of Enforcement and Border Affairs. (2) The term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (3) The term ``office'' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof. SEC. 11. EFFECTIVE DATE. This Act shall take effect on October 1, 1999.", "summary": "Border Security and Enforcement Act of 1997 - Establishes in the Department of Justice (DOJ) the Office of Enforcement and Border Affairs, to be headed by a Director. Transfers from the Commissioner of the Immigration and Naturalization Service (INS) to the Director all functions, personnel, infrastructure, and funding of the following programs: (1) the Border Patrol program; (2) the detention and deportation program; (3) the intelligence program; (4) the investigations program; and (5) the inspections program. Transfers DOJ personnel and assets, liabilities, contracts, property, records, and INS funds in connection with such functions to the Office, for allocation by the Director. Sets forth provisions regarding: (1) continuation of proceedings and suits and nonabatement of actions in connection with transferred functions; and (2) delegation and assignment and authority of the Director of the Office of Management and Budget regarding functions transferred."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Health Care Freedom of Choice Act''. SEC. 2. AMENDMENTS TO TITLE 5, UNITED STATES CODE. (a) Definitions.--Section 8901 of title 5, United States Code, is amended-- (1) in paragraph (10) by striking ``and'' after the semicolon; (2) in paragraph (11) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(12) the term `high deductible health plan' means a plan described by section 8903(5) or section 8903a(d); and ``(13) the term `medical savings account' has the meaning given such term by section 220(d) of the Internal Revenue Code of 1986.''. (b) Authority To Contract for High Deductible Health Plans.-- Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) The Office shall contract under this chapter for a high deductible health plan with any qualified carrier that-- ``(A) offers such a plan; and ``(B) as of the date of enactment of the Federal Employees Health Care Freedom of Choice Act, offers a health benefits plan under this chapter. ``(2) The Office may contract under this chapter for a high deductible health plan with any qualified carrier that-- ``(A) offers such a plan; but ``(B) does not satisfy the requirement under paragraph (1)(B).''. (c) Description of High Deductible Health Plans and Benefits To Be Provided Thereunder.-- (1) In general.--Section 8903 of title 5, United States Code, is amended by adding at the end the following: ``(5) High deductible health plans.--(A) One or more plans described by paragraph (1), (2), (3), or (4), which-- ``(i) are high deductible health plans (as defined by section 220(c)(2) of the Internal Revenue Code of 1986); and ``(ii) provide benefits of the types referred to by section 8904(a)(5). ``(B) Nothing in this section shall be considered-- ``(i) to prevent a carrier from simultaneously offering a plan described by subparagraph (A) and a plan described by paragraph (1) or (2); ``(ii) to require that a high deductible health plan offer two levels of benefits; or ``(iii) to allow, in any contract year, for-- ``(I) more than one plan to be offered which satisfies both subparagraph (A) and paragraph (1) (subject to clause (ii)); and ``(II) more than one plan which satisfies both subparagraph (A) and paragraph (2) (subject to clause (ii)).''. (2) Types of benefits.--Section 8904(a) of title 5, United States Code, is amended by inserting after paragraph (4) the following: ``(5) High deductible health plans.--Benefits of the types named under paragraph (1) or (2) of this subsection or both.''. (3) Conforming amendments.--(A) Section 8903a of title 5, United States Code, is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following: ``(d) The plans under this section may include one or more plans, otherwise allowable under this section, that satisfy the requirements of clauses (i) and (ii) of section 8903(5)(A).''. (B) Section 8909(d) of title 5, United States Code, is amended by striking ``8903a(d)'' and inserting ``8903a(e)''. (4) References.--Section 8903 of title 5, United States Code, is amended by adding at the end (as a flush left sentence) the following: ``The Office shall prescribe regulations under which the requirements of section 8902(c), 8902(n), 8909(e), and any other provision of this chapter that applies with respect to a plan described by paragraph (1), (2), (3), or (4) of this section shall apply with respect to the corresponding plan under paragraph (5) of this section. Similar regulations shall be prescribed with respect to any plan under section 8903a(d).''. (d) Contributions Toward High Deductible Health Plans and Medical Savings Accounts.-- (1) Amendments.-- (A) In general.--Title 5, United States Code, is amended by redesignating section 8906a as section 8906b and by inserting after section 8906 the following: ``Sec. 8906a. Contribution provisions relating to certain individuals enrolled in high deductible health plans ``(a) In the case of an employee or annuitant who enrolls in a high deductible health plan, section 8906 shall apply in accordance with its terms, except as otherwise provided in this section. ``(b) Instead of the amount that would otherwise apply under the provisions of section 8906(d), the amount to be withheld under such provisions from the pay or annuity of an employee or annuitant described in subsection (a), for any biweekly or other period, shall be the equivalent (expressed in terms of such periods) of the amount by which-- ``(1) the applicable average subscription charge, as determined under section 8906(a) for the contract year involved, exceeds ``(2) the total Government contribution allowable for such contract year (as defined in subsection (h)), but not to exceed 100 percent of the subscription charge for the plan in which such employee or annuitant is enrolled. ``(c) Instead of the amount that would otherwise apply under the provisions of section 8906(b), in the case of an employee or annuitant described in subsection (a), the biweekly or other periodic Government contribution under such provisions toward the subscription charge for the plan in which such employee or annuitant is enrolled shall be the amount by which such charge exceeds (if at all) the amount which under subsection (b) is required to be withheld from the pay or annuity of the employee or annuitant involved. ``(d)(1) Subject to paragraph (2), there shall be paid to the medical savings account of each employee or annuitant described in subsection (a), at the same time that the Government contribution under section 8906 is made (or would, but for this section, be made) for the benefit of such employee or annuitant, the amount by which-- ``(A) the total Government contribution allowable for the contract year involved (as defined in subsection (h)), exceeds ``(B) the amount of the Government contribution which under subsection (c) is required to be made toward the subscription charge for the plan in which such employee or annuitant is enrolled. No election to decline any contributions under this subsection shall be available to an employee or annuitant. ``(2) No contribution under this subsection shall be made to any medical savings account of an employee or annuitant for any period if, as of the first day of the month before the month in which such period commences, such employee or annuitant (or the spouse of such employee or annuitant, if coverage is for self and family) is entitled to benefits under part A of title XVIII of the Social Security Act. ``(3) The Office shall by regulation prescribe the time, form, and manner in which an employee or annuitant shall identify any medical savings account to which contributions for such employee or annuitant shall be made under this subsection. ``(4) Subsections (f) and (g) of section 8906 shall apply with respect to contributions under this subsection. ``(e) Any adjustment in the amount of any contribution under section 8906 that is required by subsection (b) or (c) of this section beginning in any contract year shall take effect-- ``(1) in the case of an employee, at the point in such year described in the second sentence of section 8906(b)(1); and ``(2) in the case of an annuitant, at the point in such year described in the third sentence of section 8906(b)(1). ``(f)(1) This section shall not apply to any employee or annuitant with respect to any period for which such employee or annuitant would not otherwise be eligible for a Government contribution under section 8906 (determined disregarding this section). ``(2) Neither subsection (b) nor (c) shall apply with respect to an employee or annuitant for any period for which-- ``(A) such employee or annuitant is ineligible for any contribution under subsection (d) by reason of paragraph (2) thereof; or ``(B) the amount of the contribution under subsection (d) for such employee or annuitant would otherwise be zero. ``(g) The Office shall by regulation provide for the application of section 8906(c) to the extent necessary to reflect any change in the ratio of individual to Government contributions resulting from the application of this section. ``(h) For purposes of this section, the term `total Government contribution allowable', as used with respect to a contract year, means the maximum Government contribution that could be made for health benefits for an employee or annuitant for such contract year, as determined under paragraph (1) of section 8906(b) (as well as paragraph (3) thereof, if appropriate, but disregarding paragraph (2) thereof and the provisions of this section).''. (B) Technical and conforming amendments.--(i) The table of sections at the beginning of chapter 89 of title 5, United States Code, is amended by striking the item relating to section 8906a and inserting the following: ``8906a. Contribution provisions relating to certain individuals enrolled in high deductible health plans. ``8906b. Temporary employees.''. (ii) Section 8913(b)(4) of title 5, United States Code, is amended by striking ``8906a(a)'' and inserting ``8906b(a)''. (2) High deductible health plans to be disregarded in determining government contributions.--Section 8906 of title 5, United States Code, is amended by adding at the end the following: ``(j) Notwithstanding any other provision of this section, there shall not be taken into account, for purposes of computing any average under subsection (a), any subscription charge for any high deductible health plan or any individuals enrolled therein.''. (3) Coordination provision.--Nothing in this section or in any amendment made by this section shall be considered to affect any authority under section 1005(f) of title 39, United States Code, to vary, add to, or substitute for any provision of chapter 89 of title 5, United States Code, as amended by this section. (4) Technical amendment.--The second sentence of section 8909(a) of title 5, United States Code, is amended by inserting ``(not including any Government contributions under section 8906a to a medical savings account)'' after ``of this title''. (e) Information to Individuals Who May Be Eligible for Government Contributions to a Medical Savings Account.--Section 8907 of title 5, United States Code, is amended by adding at the end the following: ``(c) In addition to any information otherwise provided for under this section, the Office shall make available to all employees and annuitants eligible to enroll in a high deductible health plan, in a form acceptable to the Office after consultation with the carrier, information relating to-- ``(1) the conditions under which a Government contribution shall be made under this chapter to a medical savings account; ``(2) the amount of the Government contribution payable under this chapter to a medical savings account (or how such amount may be ascertained); and ``(3) any other matter which the Office considers appropriate in connection with medical savings accounts.''. (f) Effective Date.--The amendments made by this section shall apply with respect to contract years beginning on or after January 1, 1999. The Office of Personnel Management shall take appropriate measures to ensure that coverage under a high deductible health plan under chapter 89 of title 5, United States Code (as amended by this section) shall be available as of the beginning of the first contract year described in the preceding sentence. SEC. 3. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986. (a) Inclusion of Employees Enrolled in FEHBP High Deductible Health Plan.--Clause (iii) of section 220(c)(1)(A) of the Internal Revenue Code of 1986 (defining eligible individual) is amended by striking ``or'' at the end of subclause (I), by striking the period at the end of subclause (II) and inserting ``, or'', and by adding at the end the following new subclause: ``(III) the high deductible health plan covering such individual is provided under chapter 89 of title 5, United States Code.''. (b) Contributions Limited to Federal Contribution.--Subsection (b) section 220 of such Code (relating to limitations) is amended by adding at the end the following new paragraph: ``(8) Denial of deduction for individuals covered by high deductible federal employee health benefits plan.--The limitation under this subsection for any month with respect to any individual shall be zero if, as of the first day of such month, such individual is covered under a high deductible health plan provided under chapter 89 of title 5, United States Code. For purposes of applying section 106(b) for such month-- ``(A) the preceding sentence shall not apply, and ``(B) paragraph (4) shall not apply to any individual who is entitled to receive any amount for such month by reason of being an annuitant (as defined in section 8901(3) of such title 5).''. (c) Numerical Limitations, Etc., Not To Apply.-- (1) In general.--Subsection (i) of section 220 of such Code is amended by adding at the end the following new paragraph: ``(6) Exception for individuals covered by federal employee health benefits plans.--This subsection shall not apply to any individual who is an eligible individual by reason of subsection (c)(1)(A)(iii)(III). Medical savings accounts established by such individuals shall not be taken into account in determining whether the numerical limitations under subsection (j) are exceeded.''. (2) Exception from reporting.--Paragraph (4) of section 220(j) of such Code is amended by adding at the end the following new subparagraph: ``(E) Exception for accounts of individuals covered by federal employee health benefits plans.--No report shall be required under this paragraph with respect to a medical savings account of an individual if such account was established at the time such individual was an eligible individual by reason of subsection (c)(1)(A)(iii)(III).''.", "summary": "Federal Employees Health Care Freedom of Choice Act - Amends provisions of Federal law relating to the Federal Employees' Health Benefits Program (FEHBP) to authorize, and in certain circumstances require, the Office of Personnel Management (OPM) to contract with qualified carriers for a high deductible health plan (as defined in existing Internal Revenue Code medical savings account provisions). Requires that such a plan provide benefits of the types provided by service benefit plans, indemnity benefit plans, or both. Sets forth special contribution requirements applicable to employees or annuitants enrolled in such plans, including mandating certain payments to the medical savings account of each individual so enrolled. Requires OPM to make information available to such individuals regarding the circumstances in which a Government contribution will be made to a medical savings account and the amount of that contribution. (Sec. 3) Amends Internal Revenue Code medical savings account provisions to modify the definition of \"eligible individual\" to add references to high deductible plans provided under the FEHBP. Regulates the medical savings account deduction for FEHBP individuals. Exempts FEHBP individuals from numerical limits on the number of taxpayers having medical savings accounts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tackling Excessive Standardized Testing Act of 2015'' or the ``TEST Act of 2015''. SEC. 2. ESEA AMENDMENTS. (a) Academic Assessments.--Section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended-- (1) in clause (v)(I), by striking ``clause vii'' and inserting ``clause (vii) and as otherwise provided under clause (xvi)''; (2) in clause (vii), by inserting ``except as otherwise provided under clause (xvi),'' before ``beginning''; (3) by striking ``and'' at the end of clause (xiv); (4) by striking the period at the end of clause (xv); and (5) by adding at the end the following new clause: ``(xvi) beginning with the first full school year after the date of enactment of the TEST Act of 2015, in lieu of the requirements of clause (vii)-- ``(I) authorize any public elementary school or public secondary school to administer the academic assessments in mathematics required under clause (vii) in each of grades 4, 6, and 8; ``(II) authorize any public elementary school or public secondary school to administer the academic assessments in reading or language arts required under clause (vii) in each of grades 3, 5, and 7; ``(III) authorize a public elementary schools or public secondary school at the 15th percentile or above for mathematics in the State (based on the achievement of students for the preceding school year in each of grades 4, 6, and 8 on the academics assessments in mathematics required under clause (vii)), to, for the school year following the administration of such assessments, administer the academic assessments in mathematics required under clause (vii) in each of grades 4 and 8; ``(IV) authorize a public elementary school or public secondary school at the 15th percentile or above for reading or language arts in the State (based on the achievement of students for the preceding school year in each of grades 3, 5, and 7 on the academics assessments in reading or language arts required under clause (vii)), to, for the school year following the administration of such assessments, administer the academic assessments in reading or language arts required under clause (vii) in each of grades 3 and 7; ``(V) authorize a public elementary school or public secondary school whose students do not meet the academic achievement requirements of subclause (III) of this clause, but which has demonstrated such level of progress with respect to the achievement of students on academic assessments in mathematics required under clause (vii), as determined appropriate by the Secretary to be authorized to administer assessments in mathematics in accordance with subclause (III) of this clause, to administer such assessments in mathematics in accordance with such subclause (III); and ``(VI) authorize a public elementary school or public secondary school whose students do not meet the academic achievement requirements of subclause (IV) of this clause, but which has demonstrated such level of progress with respect to the achievement of students on academic assessments in reading or language arts required under clause (vii), as determined appropriate by the Secretary to be authorized to administer assessments in reading or language arts in accordance with subclause (IV) of this clause, to administer such assessments in reading or language arts in accordance with such subclause (IV).''. (b) Limited English Proficient Students.--Section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)) is amended in the matter following item (dd), by inserting before the semicolon the following: ``and that the achievement of a student with limited English proficiency shall not be considered for purposes of such definition for the first 12 months that the student is enrolled in a public elementary school or public secondary school''. (c) Application to Waivers.--Section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861) is amended-- (1) in subsection (c)-- (A) by striking ``or'' at the end of paragraph (9)(C); (B) by striking the period at the end of paragraph (10) and inserting ``; or''; and (C) by adding at the end the following: ``(11) the requirement under section 1111(b)(2)(C)(v) that a student with limited English proficiency be excluded from the definition of adequate yearly progress for the first 12 months that the student is enrolled in a public elementary school or public secondary school.''; and (2) by adding at the end the following new subsection: ``(h) Options for Certain Academic Assessments.--A waiver awarded under this section shall not prohibit a State educational agency from administering academic assessments in accordance with clause (xvi) of section 1111(b)(3)(C) in lieu of the requirements of clause (vii) of section 1111(b)(3)(C).''.", "summary": "Tackling Excessive Standardized Testing Act of 2015 or the TEST Act of 2015 This bill amends the Elementary and Secondary Education Act of 1965 to lower the frequency with which students must take the tests used to determine whether they are making adequate yearly progress (AYP) toward state academic achievement standards in mathematics and reading or language arts. Under current law, students must take such tests in both subjects in each of grades 3 through 8. The bill maintains testing in grades 3 through 8 but authorizes a public school to limit testing: (1) in mathematics, to even-numbered grades or, if the school is at the 15th percentile or above for mathematics in the state or its students are making appropriate progress toward state mathematics achievement standards, to grades 4 and 8 only; and (2) in reading or language arts, to odd-numbered grades or, if the school is at the 15th percentile or above for reading or language arts or its students are making appropriate progress toward state reading or language arts achievement standards, to grades 3 and 7 only. Limited English proficient students who are in their first 12 months of enrollment in a public school are excluded from the determination as to whether students are making AYP toward state academic achievement standards."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS FOIA Efficiency Act of 2015''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY FREEDOM OF INFORMATION ACT IMPLEMENTATION. (a) Deadline for Updating Regulations.--Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer of the Department of Homeland Security, as appointed pursuant to section 552(j) of title 5, United States Code, shall finalize and issue an updated regulation implementing section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), which shall include-- (1) public guidance on procedures to be followed when making requests under paragraph (1), (2), or (3) of section 552(a) of title 5, United States Code; (2) updated guidance to the components of the Department responsible for processing such requests, which may include information on how to adopt automated processing of requests made under paragraphs (1), (2), or (3) of section 552(a) of title 5, United States Code; (3) detailed information on fees and costs associated with such requests; and (4) detailed information on the appeals process for such requests. (b) Identification of Costs.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer, in coordination with the Chief Financial Officer of the Department and the heads of each of the relevant components of the Department, shall identify the total annual cost to the Department of implementing section 552 of title 5, United States Code. (2) Guidance.--The Chief FOIA Officer shall develop guidance on reporting standards related to the direct and indirect costs to the Department associated with the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (c) Cost Savings.--The Chief FOIA Officer, in collaboration with the heads of each of the relevant components of the Department, shall-- (1) identify unnecessary and duplicative actions taken by the Department in the course of processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by not later than 120 days after the date of the enactment of this Act; and (2) eliminate unnecessary and duplicative actions taken by the Department in the course of processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by not later than 12 months after the identification of such action under paragraph (1). (d) FOIA Tracking Systems.--Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer shall develop a plan to automate the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code to the Department. Such plan shall take into account the specific needs of each of the components of the Department responsible for processing such requests and address required and recommended technology capabilities and elements. Such plan shall include an assessment of the costs and benefits associated with establishing and using electronic processing systems to process requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (e) FOIA Backlog.--Not later than 90 days after the date of the enactment of this Act, the Chief Privacy Officer of the Department, in consultation with the Chief FOIA Officer, shall update and issue guidance to the heads of each of the relevant components of the Department regarding the goal of reducing the backlog in processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by 50 percent between fiscal year 2015 and fiscal year 2018. (f) Report.-- (1) Semiannual privacy report.--The Chief FOIA Officer shall include in each semiannual privacy report submitted under section 1062(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)) each of the following: (A) The total costs to the Department of meeting the requirements of section 552 of title 5, United States Code, for the period covered by the report. (B) An assessment of progress made toward meeting the backlog goals pursuant to subsection (e) during the period covered by the report and the periods covered by the two preceding reports. (C) An assessment of whether the Department has adequate staffing and other resources to address the backlog goals pursuant to subsection (e) for processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (D) An assessment of the progress made towards automating the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, during the period covered by the report. (2) Fiscal year 2016 requirements.--The Chief FOIA Officer shall include in the second semiannual privacy report for fiscal year 2016 each of the following: (A) A description of any cost savings identified under subsection (d). (B) The plan developed under subsection (d). (g) Duplicative Action Defined.--In this section, the term ``duplicative actions'' means actions carried out by two or more components or programs that are engaged in the same activities or provide the same services related to the processing of FOIA requests to the same beneficiaries. SEC. 3. PROGRESS ON AUTOMATION. Upon completion of the plan to automate the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, the Chief FOIA Officer shall provide the plan to the heads of the components of the Department and seek written feedback from each head of a component agency regarding the extent to which that component will adopt the plan, the associated costs, and the projected timelines. Passed the House of Representatives June 25, 2015. Attest: KAREN L. HAAS, Clerk.", "summary": "(This measure has not been amended since it was reported to the House of Representatives on June 11, 2015. DHS FOIA Efficiency Act of 2015 (Sec. 2) Directs the Chief FOIA Officer of the Department of Homeland Security (DHS): within 90 days after enactment of this Act, to issue an updated regulation implementing the Freedom of Information Act (FOIA) and to identify the total annual implementation costs; to develop guidance on reporting standards related to costs of processing FOIA requests; within 120 days after enactment of this Act, to identify unnecessary and duplicative actions taken by DHS in processing such requests; to eliminate such actions within 12 months after identifying them; and within 90 days after enactment of this Act, to develop a plan to automate the processing of requests and to issue guidance to the relevant DHS components regarding the goal of reducing the backlog in processing requests by 50% between FY2015 and FY2018. Requires the regulation implementing FOIA to include: (1) public guidance on procedures to be followed when making requests for DHS rules, opinions, orders, records, or proceedings; (2) updated guidance to the DHS components for processing such requests, which may include information on automated processing; and (3) detailed information on fees and costs associated with, and on the appeals process for, requests. Directs the Chief FOIA Officer to include: (1) in each semiannual privacy report submitted under the Intelligence Reform and Terrorism Prevention Act of 2004, the total costs to DHS of meeting FOIA requirements and assessments of progress made toward meeting backlog goals, of whether DHS has adequate staffing and other resources to address such goals, and of progress made toward automating the processing of requests; and (2) in the second semiannual privacy report for FY2016, a description of any cost savings identified from, and the plan developed for, automating the processing of requests. (Sec. 3) Directs the Chief FOIA Officer to provide such plan, upon completion, to DHS components and seek written feedback regarding the extent to which each component will adopt the plan, the associated costs, and the projected time lines."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cocopah Lands Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The reservation of the Cocopah Indian Tribe of Arizona is located in Yuma County, Arizona. (2) That reservation was created by an Executive order signed by President Woodrow Wilson in 1917. (3) That reservation is made up of 3 noncontiguous tracts of land. (4) The Tribe inhabits all 3 parts of the reservation. (5) The Tribe purchased the additional lands to provide infrastructure to housing areas, water, and economic development to tribal members. (6) The current trust land base of the reservation is insufficient to provide such needs. (7) The Tribe acquired 7 parcels of land contiguous to its present reservation lands in 1986, 1993, 1997, and 2005, and these parcels are currently classified as ``Indian Lands'' under Federal law. (8) The acquired parcels shall not be taken into trust for gaming purposes. (9) The best means of solving the Tribe's land and economic needs to its tribal members is to require the Secretary to take lands in Yuma County, Arizona, that are acquired by the Tribe into trust for the Tribe subject to the provisions of this Act. SEC. 3. DEFINITIONS. For the purpose of this Act, the following definitions apply: (1) Tribe.--The term ``Tribe'' means the Cocopah Indian Tribe of Arizona. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LANDS TO BE TAKEN INTO TRUST. (a) Lands to Be Taken Into Trust.--If the Tribe transfers title to the land described in subsection (b) to the Secretary, the Secretary shall take that land into trust for the benefit of the Tribe, if at the time of such transfer there are no adverse legal claims to such land, including outstanding liens, mortgages, or taxes owed. (b) Land Described.--The land referred to in subsection (a) is described as follows: (1) Parcel 1 (sibley purchase 1986).--Lot 4 and the SW\\1/ 4\\, of the NW\\1/4\\, of Sec. 1, T. 10 S., R. 25 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona, except that portion of the SW\\1/4\\, of the NW\\1/4\\, of said Sec. 1, T. 10 S., R. 25 W., lying southeasterly of the north right-of-way line of the Bureau of Reclamation levee. (2) Parcel 2 (sibley purchase 1986).--Lot 1 and the SE\\1/ 4\\, of the NE\\1/4\\, of Sec. 2, T. 10 S., R. 25 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona. (3) Parcel 3 (mcdaniel purchase 1993).--That part of the E\\1/2\\, of the SE\\1/4\\, lying south of the East Main Bureau of Reclamation Canal right of way in Sec. 30, T. 9 S., R. 23 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona. (4) Parcel 4 (holland purchase 1997).--That portion of the NW\\1/4\\, of the NE\\1/4\\, of Sec. 31, T. 16 S., R 22 E., of the San Bernardino Base and Meridian, Yuma County, Arizona, lying north of the levee and Salinity Canal; except the north 220 feet. (5) Parcel 5 (holland purchase 1997).--An easement over the easterly 15 feet of the north 220 feet of that portion of the NW\\1/4\\, of the NE\\1/4\\, of Sec. 31, T. 16 S., R. 22 E., of the San Bernardino Base and Meridian, Yuma County, Arizona, lying north of the levee and Salinity Canal for irrigation purposes. (6) Parcel 6 (powers purchase 1997).--Lots 21, 24, and 25, Sec. 29, and lots 16 and 17 and the N\\1/2\\, of the SW\\1/4\\, of the SE\\1/4\\, of Sec. 30, T. 16 S., R. 22 E., of the San Bernardino Meridian, Yuma County, Arizona, according to the dependent resurvey of the Bureau of Land Management, accepted December 9, 1960. (7) Parcel 7 (speed way purchase 2005).--That portion of the W\\1/2\\ of the SE\\1/4\\ of Sec. 30, T. 9 S., R. 21 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona, lying South and East of the East Main Canal; except the south 33 feet thereof; except one-third interest in and to all mineral rights, as reserved in the deed recorded in Docket 1461, page 600, records of Yuma County, Arizona. (c) Lands to Be Made Part of the Reservation.--Land taken into trust pursuant to subsection (a) shall be considered to be part of the Tribe's initial reservation. (d) Service Area.--For the purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall be Yuma County, Arizona. (e) Gaming Prohibited.--Land taken into trust for the benefit of the Tribe under this Act shall not be used for gaming under the Indian Gaming Regulatory Act. SEC. 5. REGULATIONS. The Secretary may promulgate such regulations as may be necessary to carry out this Act.", "summary": "Cocopah Lands Act - Provides that if the Cocopah Indian Tribe of Arizona transfers title to certain described land to the Secretary of the Interior, the Secretary shall take it into trust for the benefit of the Tribe, if there are no adverse legal claims to it, including outstanding liens, mortgages, or taxes owed. Considers such land to be part of the Tribe's initial reservation. Prohibits its use for gaming under the Indian Gaming Regulatory Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Traumatic Brain Injury Research and Treatment Improvement Act of 2015''. SEC. 2. FINDINGS. (a) Findings.--The Congress finds as follows: (1) State data and monitoring systems provide reliable data on injury causes and risk factors, identify trends in the incidence of traumatic brain injury, enable the development of cause-specific prevention strategies focused on populations at greatest risk, and monitor the effectiveness of such strategies. (2) Since 1995, when the Centers for Disease Control and Prevention published Guidelines for Surveillance of Central Nervous System Injury, additional causes of traumatic brain injury have emerged: military-related traumatic brain injuries; sports-related concussions; traffic injuries resulting from texting while driving; and increasing numbers of falls-related traumatic brain injuries among older adults. (3) In their 2013 report, Sports-Related Concussions in Youth: Improving the Science, Changing the Culture, the Institute on Medicine and the National Research Council noted that there is currently a lack of data to accurately estimate the incidence of sports-related concussions across a variety of sports and for youth across the pediatric age spectrum. The report recommended that the Centers for Disease Control and Prevention establish and oversee a national surveillance system to accurately determine the incidence of sports-related concussions, including those in youth ages 5 to 21, taking into account Federal efforts to collect information on traumatic brain injury. (4) Traumatic brain injury is a substantial public health problem among older persons. As the population of older persons continues to grow in the United States, the need to design and implement proven and cost-effective prevention measures that focus on the leading causes of traumatic brain injury becomes more urgent. (5) In order to implement this Act, the Centers for Disease Control and Prevention needs to collaborate with Federal agencies reporting military-related traumatic brain injuries, school systems reporting traumatic brain injuries, Medicaid and other Federal programs, and State agencies. SEC. 3. ESTABLISHING REQUIREMENTS TO IMPROVE THE RESEARCH AND TREATMENT OF TRAUMATIC BRAIN INJURY. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- (1) evaluate existing surveillance and data collections systems that track the incidence and circumstances of traumatic brain injury, including concussion; (2) not later than 9 months after the date of enactment of this Act, submit a report to the Congress outlining the findings of the evaluation under paragraph (1); and (3) establish a statistically sound, scientifically credible, integrated surveillance system regarding traumatic brain injury, to be known as the ``National Traumatic Brain Injury Surveillance System''. (b) Research.--The Secretary shall ensure that the National Traumatic Brain Injury Surveillance System is designed in a manner that facilitates further research on brain injury. (c) Content.--In carrying out subsection (a), the Secretary-- (1) shall provide for the collection and storage of information (excluding personally identifiable information) on the incidence and prevalence of traumatic brain injury, including concussion, in the United States across the lifespan; (2) to the extent practicable, shall provide for the collection and storage of other available information (excluding personally identifiable information) on traumatic brain injury, such as information concerning demographics and other information associated with the incidence of a traumatic brain injury, such as-- (A) age; (B) race and ethnicity; (C) sex; (D) geographic location; (E) history of head injury (including injury type and the approximate date of injury); (F) pre-existing conditions, such as learning disabilities and attention deficit hyperactivity disorder; and (G) co-occurring issues, such as substance abuse or post-traumatic stress disorder; (3) to the extent practicable, shall provide for the collection and storage of information relevant to analysis on traumatic brain injury, such as information concerning-- (A) impact location on the body and nature of the impact; (B) qualifications of personnel making the traumatic brain injury diagnosis; (C) assessment tool used to make the diagnosis; (D) signs and symptoms consistent with a head injury; (E) sport or activity and the level of competition (if a sports-related activity); (F) use of protective equipment and impact monitoring devices; and (G) severity of the traumatic brain injury; and (4) may address issues identified during the consultation process under subsection (d). (d) Consultation.--In carrying out this section, the Secretary shall consult with individuals with appropriate expertise, including-- (1) epidemiologists with experience in disease surveillance or registries; (2) representatives of national health associations that-- (A) focus on brain injury; and (B) have demonstrated experience in research, care, or patient services; (3) State public health agencies; (4) health information technology experts or other information management specialists; (5) clinicians with expertise in brain injury; (6) research scientists with experience conducting brain research or utilizing surveillance systems for scientific research purposes; (7) medical facilities of the Department of Veterans Affairs; and (8) behavioral health centers. (e) Grants.--The Secretary may award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this section. (f) Coordination With Other Federal Agencies.--Subject to subsection (h), the Secretary shall make information and analysis in the National Traumatic Brain Injury Surveillance System available, as appropriate, to Federal departments and agencies, such as the National Institutes of Health, the Health Resources and Services Administration, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Department of Education, the Department of Veterans Affairs, and the Department of Defense. (g) Public Access.--Subject to subsection (h), the Secretary shall make information and analysis in the National Traumatic Brain Injury Surveillance System available, as appropriate, to the public, including researchers. (h) Privacy.--The Secretary shall ensure that privacy and security protections applicable to the National Traumatic Brain Injury Surveillance System are at least as stringent as the privacy and security protections under HIPAA privacy and security law, including nondisclosure of personally identifiable information. (i) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the Congress concerning the implementation of this section. Such report shall include information on-- (1) the development and maintenance of the National Traumatic Brain Injury Surveillance System; (2) the type of information collected and stored in the System; (3) the use and availability of such information, including guidelines for such use; and (4) the use and coordination of databases that collect or maintain information on traumatic brain injury. (j) Definition.--In this Act: (1) National health association.--The term ``national health association'' means a national nonprofit organization with chapters, other affiliated organizations, or networks in States throughout the United States. (2) HIPAA privacy and security law.--The term ``HIPAA privacy and security law'' has the meaning given to that term in section 3009 of the Public Health Service Act (42 U.S.C. 300jj-19). (3) Personally identifiable information.--The term ``personally identifiable information'' means information which can be used to distinguish or trace an individual's identity (such as their name, social security number, or biometric records) either alone or when combined with other personal or identifying information which is linked or linkable to a specific individual (such as date of birth, place of birth, and mother's maiden name). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) Surveillance.--The term ``surveillance'' means the ongoing, systematic collection, analysis, interpretation, and dissemination of data (other than personally identifiable information) regarding a health-related event for use in public health action to reduce morbidity and mortality and to improve health. (6) Traumatic brain injury.--The term ``traumatic brain injury'' means an injury to the head arising from blunt or penetrating trauma or from acceleration or deceleration forces associated with one or more of the following: decreased level of consciousness, amnesia, objective neurologic or neuropsychological abnormalities, skull fractures, diagnosed intracranial lesions, or head injury listed as a cause of death in the death certificate. (k) Authorization of Appropriations.--To carry out this Act, there are authorized to be appropriated such sums as may be necessary.", "summary": "National Traumatic Brain Injury Research and Treatment Improvement Act of 2015 Requires the Centers for Disease Control and Prevention (CDC) to: (1) evaluate existing surveillance and data collection systems that track the incidence and circumstances of traumatic brain injury, including concussion; (2) establish a statistically sound, scientifically credible, and integrated National Traumatic Brain Injury Surveillance System; and (3) ensure that the System is designed in a manner that facilitates further research on brain injury. Requires the CDC to make information and analysis in the System available to the public and ensure that privacy and security protections applicable to the System are at least as stringent as those under the Health Insurance Portability and Accountability Act."}
{"article": "SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE DISTRICT OF COLUMBIA. (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled ``An Act to provide for the organization of the militia of the District of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49- 409, D.C. Official Code), is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C. Official Code) is amended by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''. (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 49-301(a), D.C. Official Code) is amended-- (A) by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''; and (B) by striking ``President.'' and inserting ``Mayor.''. (2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is amended by striking ``President'' and inserting ``Mayor of the District of Columbia''. (3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``to the Secretary of the Army'' and all that follows through ``which board'' and inserting ``to a board of examination appointed by the Commanding General, which''; and (B) in subsection (b), by striking ``the Secretary of the Army'' and all that follows through the period and inserting ``the Mayor of the District of Columbia, together with any recommendations of the Commanding General.''. (5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is amended-- (A) by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''; and (B) by striking ``the President may retire'' and inserting ``the Mayor may retire''. (d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C. Official Code) is amended by striking ``, or for the United States Marshal'' and all that follows through ``shall thereupon order'' and inserting ``to order''. (2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is amended by striking ``the President'' and inserting ``the Mayor of the District of Columbia''. (e) General Courts Martial.--Section 51 of such Act (sec. 49-503, D.C. Official Code) is amended by striking ``the President of the United States'' and inserting ``the Mayor of the District of Columbia''. SEC. 2. RETENTION OF PRESIDENTIAL AUTHORITY OVER USE OF NATIONAL GUARD OF THE DISTRICT OF COLUMBIA TO RESPOND TO HOMELAND DEFENSE EMERGENCIES. (a) In General.--Chapter 9 of title 32, United States Code, is amended by adding at the end the following new section: ``Sec. 909. Control of National Guard of the District of Columbia for homeland defense activities ``Notwithstanding the authority of the Mayor of the District of Columbia as the Commander-in-Chief of the National Guard of the District of Columbia, as provided by section 6 of the Act entitled `An Act to provide for the organization of the militia of the District of Columbia, and for other purposes', approved March 1, 1889 (sec. 49-409, D.C. Official Code), the President retains control over units and members of the National Guard of the District of Columbia to conduct homeland defense activities that the President determines to be necessary and appropriate for participation by the National Guard units or members.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``909. Control of National Guard of the District of Columbia for homeland defense activities.''. SEC. 3. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Failure to Satisfactorily Perform Prescribed Training.--Section 10148(b) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (b) Appointment of Chief of National Guard Bureau.--Section 10502(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (c) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (d) Other Senior National Guard Bureau Officers.--Section 10506(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' both places it appears and inserting ``the Mayor of the District of Columbia''. (e) Consent for Active Duty or Relocation.--(1) Section 12301 of title 10, United States Code, is amended-- (A) in subsection (b), by striking ``commanding general of the District of Columbia National Guard'' in the second sentence and inserting ``Mayor of the District of Columbia''; and (B) in subsection (d), by striking ``governor or other appropriate authority of the State concerned'' and inserting ``governor of the State (or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia)''. (2) Section 12406 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (f) Consent for Relocation of Units.--Section 18238 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. SEC. 4. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE. (a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking ``(or commanding general in the case of the District of Columbia)''. (b) Drug Interdiction and Counter-Drug Activities.--Section 112(h)(2) of such title is amended by striking ``the Commanding General of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (c) Additional Assistance.--Section 113 of such title is amended by adding at the end the following new subsection: ``(e) Inclusion of District of Columbia.--In this section, the term `State' includes the District of Columbia.''. (d) Appointment of Adjutant General.--Section 314 of such title is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia,''. (e) Relief From National Guard Duty.--Section 325(a)(2)(B) of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (f) Personnel Matters.--Section 505 of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' in the first sentence and inserting ``Mayor of the District of Columbia''. (g) National Guard Challenge Program.--Section 509 of such title is amended-- (1) in subsection (c)(1), by striking ``the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general'' and inserting ``the Mayor of the District of Columbia, under which the Governor or the Mayor''; (2) in subsection (g)(2), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; (3) in subsection (j), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; and (4) in subsection (k), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (h) Issuance of Supplies.--Section 702(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. (i) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT. Section 602(b) of the District of Columbia Home Rule Act (sec. 1- 206.02(b), D.C. Official Code) is amended by striking ``the National Guard of the District of Columbia,''.", "summary": "Amends the District of Columbia Code to make the Mayor of the District of Columbia (under current law, the President of the United States) the Commander-in-Chief of the National Guard of the District. Provides that, notwithstanding the authority of the Mayor of the District of Columbia as such Commander-in-Chief, the President shall retain control over units and members of the District of Columbia National Guard to conduct necessary and appropriate homeland defense activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexible Family Leave Tax Credit Act of 1993''. TITLE I--FAMILY LEAVE CREDIT SEC. 101. CREDIT CREATED. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45A. FAMILY LEAVE CREDIT. ``(a) Amount of Credit.-- ``(1) In general.--For purposes of section 38, the amount of the family leave credit for any employer for any taxable year is 20 percent of the qualified compensation with respect to an employee who is on family leave. ``(2) Limitations on availability and amount of credit.-- ``(A) Fewer than 500 employees.--An employer is not entitled to a family leave credit for any taxable year unless-- ``(i) in the case of an employer that is in its first taxable year, the employer had fewer than 500 employees at the close of that year, and ``(ii) in the case of other employers, the employer averaged fewer than 500 employees for its preceding taxable year. An employer is considered to average fewer than 500 employees for a taxable year if the sum of its employees on the last day of each quarter in that year divided by the number of quarters is fewer than 500. ``(B) Dollar cap on qualified compensation.--The amount of qualified compensation that may be taken into account with respect to an employee may not exceed $100 per business day. ``(C) Maximum period of family leave.--No family leave credit will be available to the extent that the period of family leave for an employee exceeds 12 weeks, defined as 60 business days, in any 12-month period. ``(D) Additional limitation on leave for personal serious health conditions.--Leave from an employer in connection with a qualified purpose described in subsection (b)(2)(D) will qualify as family leave only if the employee on leave has no unused sick, disability or similar leave. ``(b) Family Leave.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this section, an employee is considered to be on `family leave' if the employee is on leave from the employer in connection with any qualified purpose. ``(2) Qualified purposes.--The term `qualified purposes' means-- ``(A) the birth of a child, ``(B) the placement of a child with the employee for adoption or foster care, ``(C) the care of a child, parent or spouse with a serious health condition, or ``(D) the treatment of a serious health condition which makes the employee unable to perform the functions of his or her position. ``(3) Definitions of child, parent and serious health condition.-- ``(A) Child.--The term `child' means an individual who is a son, stepson, daughter, stepdaughter, eligible foster child as described in sections 32(c)(3)(B)(iii) (I) and (II), or legal ward of the employee or employee's spouse, or a child of a person standing in loco parentis and who either has not reached the age of 19 by the commencement of the period of family leave or is physically or mentally incapable of caring for himself or herself. ``(B) Parent.--The term `parent' means an individual with respect to whom the employee would be considered a `child' within the meaning of subsection (b)(2)(A) without regard to the age limitation. ``(C) Serious health condition.--The term `serious health condition' means an illness, injury, impairment, or physical or mental condition that involves the inpatient care in a hospital, hospice or residential health care facility, or substantial and continuing treatment by a health care provider. ``(c) Credit Refundable.--In the case of so much of the section 38 credit as is attributable to the family leave credit-- ``(1) section 38(c) will not apply, and ``(2) for purposes of this section, such credit will be treated as if it were allowed under section 103 of the Flexible Family Leave Tax Credit Act of 1993. ``(d) Nondiscrimination Requirement.--The family leave credit is available to an employer for a taxable year only if the employer provides family leave to its employees for that year on a nondiscriminatory basis. ``(e) Other Definitions and Special Rules.-- ``(1) In general.--For purposes of this section-- ``(A) Employer.--Except as otherwise provided in this subpart, the term `employer' has the meaning provided by section 3306(a)(1) and (3). ``(B) Employee.--The term `employee' includes only permanent employees who have been employed by the employer for at least 12 months and have provided over 1000 hours of service to the employer during the 12 months preceding commencement of the family leave. ``(C) Qualified compensation.--The term `qualified compensation' means the greater of-- ``(i) cash wages paid or incurred by the employer to or on behalf of the employee as remuneration for services during the period of family leave, and ``(ii) cash wages that would have been paid or incurred by the employer to or on behalf of the employee as remuneration for services during the period of family leave had the employee not taken the leave. ``(D) Computation.--For purposes of subsection (e)(1)(C)(ii), the amount of cash wages that would have been paid to the employee for any business day the employee is on family leave is the average daily cash wages of that employee for the four calendar quarters preceding the commencement of the family leave. ``(E) Average daily cash wages.--For purposes of the computation described in subsection (e)(1)(D), an employee's average daily cash wages is his or her total cash wages for the period described in such subsection divided by the number of business days in that period. ``(F) Business day.--The term `business day' includes any day other than a Saturday, Sunday or legal holiday. ``(2) Employment and benefits protection.-- ``(A) In general.--Leave taken under this section shall qualify an employer for a family leave credit only if-- ``(i) upon return from such leave, the employee is entitled to be restored by the employer to the position of employment held by the employee when the leave commenced, or to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment; ``(ii) the taking of such leave does not result in the loss of any employment benefit accrued prior to the date on which the leave commenced; and ``(iii) the employer maintains coverage under any `group health plan' (as defined in section 5000(b)(1)) for the duration of such leave, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously during the leave period. ``(B) Limitation.--Nothing in this paragraph shall be construed to require an employer, as a condition of qualifying for a family leave credit, to entitle any employee taking leave to-- ``(i) the accrual of any seniority or employment benefits during any period of leave; or ``(ii) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave. ``(3) Expectation that employee will return to work.--No family leave credit will be available for any portion of a period of family leave during which the employer does not reasonably believe that the employee will return from leave to work for the employer. ``(4) Special rules.--Rules similar to the rules of section 52 shall apply for purposes of this section. ``(5) Regulatory authority.--The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including guidance relating to ensuring adequate employment and benefits protection and guidance to prevent abuse of this section.''. SEC. 102. COORDINATION WITH REFUND PROVISION. For purposes of section 1324(b)(2) of title 31 of the United States Code, section 45A of the Internal Revenue Code of 1986 (as added by this Act) will be considered to be a credit provision of the Internal Revenue Code of 1954 enacted before January 1, 1978. SEC. 103. CONFORMING AMENDMENTS. (a) Section 38 is amended by deleting the ``plus'' after subsection (b)(7) and ``.'' after subsection (b)(8), by inserting ``, plus'' after subsection (b)(8), and by adding a new subsection (b)(9) to read as follows: ``(9) the family leave credit under section 45A.'' (b) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45A. Family leave credit.'' SEC. 104. EFFECTIVE DATE. The amendments made by this title shall apply to family leave that commences 90 days after the date of the enactment of this Act. TITLE II--DEFICIT NEUTRAL REVENUE OFFSET SEC. 201. CORPORATE ESTIMATED TAX PROVISIONS. (a) Increase in Estimated Tax.-- (1) In general.--Subsection (d) of section 6655 of the Internal Revenue Code of 1986 (relating to amount of required installments) is amended-- (A) by striking ``91 percent'' each place it appears in paragraph (1)(B)(i) and inserting ``100 percent'', (B) by striking ``91 percent'' in the heading of paragraph (2) and inserting ``100 percent'', and (C) by striking paragraph (3). (2) Conforming amendments.-- (A) Clause (ii) of section 6655(e)(2)(B) of such Code is amended by striking the table contained therein and inserting the following new table: The ``In the case of the following applicable required installments: percentage is: 1st...................... 254 2nd...................... 504 3rd...................... 754 4th...................... 100.'' (B) Clause (i) of section 6655(e)(3)(A) of such Code is amended by striking ``91 percent'' and inserting ``100 percent''. (b) Modification of Periods for Applying Annualization.-- (1) Clause (i) of section 6655(e)(2)(A) of such Code is amended-- (A) by striking ``or for the first 5 months'' in subclause (II), (B) by striking ``or for the first 8 months'' in subclause (III), and (C) by striking ``or for the first 11 months'' in subclause (IV). (2) Paragraph (2) of section 6655(e) of such Code is amended by adding at the end thereof the following new subparagraph: ``(C) Election for different annualization periods.-- ``(i) If the taxpayer makes an election under this clause-- ``(I) subclause (II) of subparagraph (A)(i) shall be applied by substituting `4 months' for `3 months', ``(II) subclause (III) of subparagraph (A)(i) shall be applied by substituting `7 months' for `6 months', and ``(III) subclause (IV) of subparagraph (A)(i) shall be applied by substituting `10 months' for `9 months'. ``(ii) If the taxpayer makes an election under this clause-- ``(I) subclause (II) of subparagraph (A)(i) shall be applied by substituting `5 months' for `3 months', ``(II) subclause (III) of subparagraph (A)(i) shall be applied by substituting `8 months' for `6 months', and ``(III) subclause (IV) of subparagraph (A)(i) shall be applied by substituting `11 months' for `9 months'. ``(iii) An election under clause (i) or (ii) shall apply to the taxable year for which made and such an election shall be effective only if made on or before the date required for the payment of the second required installment for such taxable year.'' (3) The last sentence of section 6655(g)(3) of such Code is amended by striking ``and subsection (e)(2)(A)'' and inserting ``and, except in the case of an election under subsection (e)(2)(C), subsection (e)(2)(A)''. (c) Effective Date.--The amendments made by this section shall apply to any installment due date occurring more than 90 days after the date of enactment of this Act.", "summary": "Flexible Family Leave Tax Credit Act of 1993 - Title I: Family Leave Credit - Amends the Internal Revenue Code to allow an employer an income tax credit for 20 percent of qualified employee compensation with respect to an employee who is on family leave. Limits such credit to employers with 500 or fewer employees, the amount of qualified compensation, and the maximum period for the use of such leave. Provides that employees qualify for such program if they have no unused sick, disability, or similar leave. Title II: Deficit Neutral Revenue Offset - Increases corporate estimated tax payments for corporations that do not use the previous year's liability safe harbor. Modifies the rules for income annualization for such tax payments."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving and Investment Act of 1993''. SEC. 2. ALLOWANCE OF DEDUCTION FOR DIVIDENDS PAID BY DOMESTIC CORPORATIONS. (a) In General.--Section 243 of the Internal Revenue Code of 1986 (relating to dividends received by corporations) is amended to read as follows: ``SEC. 243. DIVIDENDS PAID BY DOMESTIC CORPORATIONS. ``(a) General Rule.--In the case of a domestic corporation which is subject to taxation under this chapter, there shall be allowed as a deduction for the taxable year an amount equal to the dividends paid by such corporation during the taxable year. ``(b) Dividends.--For purposes of this section, the term `dividend' means any dividend (as defined in section 316) to which section 301 applies. ``(c) Certain Corporations Not Eligible.--No deduction shall be allowed under this section with respect to dividends paid by any corporation which is-- ``(1) an S corporation (as defined in section 1361(a)(1)); ``(2) a regulated investment company (as defined in section 851(a)); ``(3) a real estate investment trust (as defined in section 856(a)); or ``(4) a personal holding company (as defined in section 542). ``(d) Special Rules for Certain Distributions of Mutual Savings Banks, Etc.--For purposes of this section, any amount allowed as a deduction under section 591 (relating to deduction for dividends paid by mutual savings banks, etc.) shall not be treated as a dividend.'' (b) Repeal of Deductions for Dividends Received From Domestic Corporations and Rules Relating Thereto; Repeal of Deduction for Dividends Paid on Certain Preferred Stock of Public Utilities.-- Sections 244 (relating to dividends received on certain preferred stock), 246 (relating to rules applying to deductions for dividends received), and 247 (relating to dividends paid on certain preferred stock of public utilities) of such Code are hereby repealed. (c) Conforming Amendments.-- (1) Dividends received from certain foreign corporations.-- (A) Transfer of provision specifying deductible percentage of dividend received.--Paragraph (1) of section 245(a) of such Code (relating generally to dividends received from 10-percent owned foreign corporations) is amended by striking ``the percent (specified in section 243 for the taxable year)'' and inserting in lieu thereof ``85 percent (100 percent in the case of a small business investment company operating under the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.))''. (B) Transfer of limitation on aggregate amount of dividends received deduction, exclusion of certain dividends, etc.--Section 245 of such Code (relating to dividends received from certain foreign corporations) is amended by adding at the end the following new subsections: ``(e) Limitation and Special Rules.-- ``(1) Limitation on aggregate amount of deduction.-- ``(A) In general.--Except as provided by subparagraph (B), the aggregate amount of the deductions allowed by subsections (a) and (b) shall not exceed 80 percent of the taxable income computed without regard to-- ``(i) the deductions allowed by section 172, ``(ii) any adjustment under section 1059, and ``(iii) any capital loss carryback to the taxable year under section 1212(a)(1). ``(B) Effect of net operating loss.--Subparagraph (A) shall not apply for any taxable year for which there is a net operating loss (as determined under section 172). ``(2) Exclusion of certain dividends.-- ``(A) In general.--No deduction shall be allowed under subsection (a) or (b) in respect of any dividend on any share of stock-- ``(i) which is sold or otherwise disposed of in any case in which the taxpayer has held such share for 45 days or less, or ``(ii) to the extent that the taxpayer is under an obligation (whether pursuant to a short sale or otherwise) to make corresponding payments with respect to positions in substantially similar or related property. ``(B) 90-day rule in the case of certain preference dividends.--In the case of any stock having preference in dividends, the holding period specified in subparagraph (A)(i) shall be 90 days in lieu of 45 days if the taxpayer receives dividends with respect to such stock which are attributable to a period or periods aggregating in excess of 366 days. ``(C) Determination of holding periods.--For purposes of this subsection, in determining the period for which the taxpayer has held any share of stock-- ``(i) the day of disposition, but not the day of acquisition, shall be taken into account, ``(ii) there shall not be taken into account any day which is more than 45 days (or 90 days in the case of stock to which subparagraph (B) applies) after the date on which such share becomes ex-dividend, and ``(iii) paragraph (4) of section 1223 shall not apply. ``(D) Holding period reduced for periods where risk of loss diminished.--The holding periods determined under the preceding provisions of this subparagraph shall be appropriately reduced (in the manner provided in regulations prescribed by the Secretary) for any period (during such periods) in which-- ``(i) the taxpayer has an option to sell, is under a contractual obligation to sell, or has made (and not closed) a short sale of, substantially identical stock or securities, ``(ii) the taxpayer is the grantor of an option to buy substantially identical stock or securities, or ``(iii) under regulations prescribed by the Secretary, a taxpayer has diminished his risk of loss by holding 1 or more other positions with respect to substantially similar or related property. The preceding sentence shall not apply in the case of any qualified covered call (as defined in section 1092(c)(4) but without regard to the requirement that gain or loss with respect to the option not be ordinary income or loss). ``(f) Cross Reference.-- ``For special rule relating to mutual savings banks, etc., to which section 593 applies, see section 596.'' (2) Net operating loss deduction.--Paragraph (6) of section 172(d) of such Code is amended to read as follows: ``(6) Computation of deduction for dividends received from certain foreign corporations.--The deduction allowed by section 245 (relating to dividends received from certain foreign corporations) shall be computed without regard to section 245(e)(1).'' (3) Dividends received deduction reduced where portfolio stock is debt financed.-- (A) Subsections (a) and (e) of section 246A of such Code (relating to dividends received deduction reduced where portfolio stock is debt financed) are each amended by striking ``243, 244, or''. (B) Subsection (b) of section 246A of such Code is amended to read as follows: ``(b) Section Not to Apply to Dividends for Which 100 Percent Dividends Received Deduction Allowable.--Subsection (a) shall not apply to dividends received by a small business investment company operating under the Small Business Investment Act of 1958.'' (4) Limitation on dividends received deduction for mutual savings banks, etc.--Section 596 of such Code (relating to limitation on dividends received deduction) is amended by striking ``sections 243, 244, and 245'' and inserting in lieu thereof ``section 245''. (d) Clerical Amendments.--The table of sections for part VIII of subchapter B of chapter 1 is amended by striking the items relating to sections 243, 244, 246, and 247 and inserting after the item relating to section 241 the following: ``Sec. 243. Dividends paid by domestic corporations.'' (e) Effective Date.--The amendments made by this section shall apply to distributions made after December 31, 1993.", "summary": "Saving and Investment Act of 1993 - Amends the Internal Revenue Code to permit an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases from 80 percent to 85 percent the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Plan B for Plan B Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Food and Drug Administration has declared Plan B to be safe and effective in preventing unintended pregnancy, reducing the risk by as much as 89 percent if taken within days of unprotected intercourse and up to 95 percent if taken in the first 24 hours. (2) On April 21, 2003, product manufacturers Women's Capital Corporation, controlled by Barr Pharmaceuticals, submitted a supplemental new drug application to the Food and Drug Administration to switch Plan B from prescription-only to over-the-counter status for women of all ages. (3) On December 16, 2003, a joint panel of the Food and Drug Administration's Reproductive Health Drugs Advisory Committee and Non-Prescription Drugs Advisory Committee voted 28-0 that Plan B could be used safely in a non-prescription setting. (4) On December 16, 2003, a joint panel of the Food and Drug Administration's Reproductive Health Drugs Advisory Committee and Non-Prescription Drugs Advisory Committee voted 23-4 to recommend that the Food and Drug Administration approve the application to make Plan B available over-the-counter for women of all ages. (5) On May 6, 2004, the Food and Drug Administration deemed the application not approvable, directly contradicting the overwhelming weight of their own scientific evidence. (6) At the suggestion of the Food and Drug Administration, Barr Pharmaceutical submitted a formal response, dated July 16, 2003, to the Administration's non-approvable determination, supporting the marketing of Plan B as a prescription drug for women 15 years of age or younger and a nonprescription drug for women 16 years of age or older. (7) On January 21, 2005, the Food and Drug Administration delayed issuing a decision on the Plan B application. (8) A letter dated July 13, 2005, from Secretary of Health and Human Services Michael O. Leavitt to Chairman Mike Enzi of the Committee on Health, Education, Labor, and Pensions of the Senate stated that the Food and Drug Administration would act on the Plan B application by September 1, 2005. (9) On August 26, 2005, the Food and Drug Administration did not approve or disapprove the Plan B application, and instead decided to publish an advance notice of proposed rulemaking in the Federal Register, even while concluding that ``the available scientific data are sufficient to support the safe use of Plan B as an OTC product . . . for women who are 17 years of age or older''. (10) On August 31, 2005, Susan F. Wood, serving as the Food and Drug Administration's assistant commissioner for women's health and director of the Office of Women's Health, resigned her position because of the Administration's refusal to issue a final decision on the Plan B application, saying that she could not serve at the Administration when ``scientific and clinical evidence, fully evaluated and recommended for approval by the professional staff [at the Administration], has been overruled''. (11) On September 1, 2005, the Food and Drug Administration issued an advance notice of proposed rulemaking (70 FR 52050) to request comment by November 1, 2005, on whether to initiate a rulemaking to codify the Administration's interpretation of section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) regarding when an active ingredient may be simultaneously marketed in both a prescription drug product and an over-the-counter (OTC) drug product, potentially adding years of unnecessary regulatory delays to an already extended process which is keeping Plan B from over-the-counter status. SEC. 3. DECISION BY FDA ON MARKETING OF EMERGENCY CONTRACEPTION. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Commissioner of Food and Drugs shall approve or disapprove the supplemental new drug application for Plan B, as amended by the formal response to the non-approvable letter. (b) Failure to Approve or Disapprove.--If the Commissioner fails to approve or disapprove the application described in subsection (a) by the deadline described in such subsection-- (1) the Commissioner is deemed to have approved the application; and (2) such deemed approval shall continue in effect unless the Commissioner publishes in the Federal Register a determination to approve or disapprove the application. (c) Definitions.--In this Act: (1) The term ``Commissioner'' means the Commissioner of Food and Drugs. (2) The term ``formal response'' means the formal response, dated July 16, 2003, to the non-approvable letter, supporting the marketing of Plan B as a prescription drug for women 15 years of age or younger and a nonprescription drug for women 16 years of age or older. (3) The term ``Plan B'' means 0.75 mg levonorgestrel tablets. (4) The term ``prescription drug'' means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)). (5) The term ``supplemental new drug application for Plan B'' means the supplemental new drug application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) on April 21, 2003, by product manufacturers Women's Capital Corporation, controlled by Barr Pharmaceuticals, to the Food and Drug Administration to switch Plan B from prescription-only to nonprescription status for women of all ages. (6) The term ``non-approvable letter'' means the non- approvable letter dated May 6, 2004, from the Food and Drug Administration to Barr Pharmaceuticals.", "summary": "Plan B for Plan B Act of 2005 - Requires the Commissioner of Food and Drugs to approve or disapprove within 30 days the supplemental new drug application submitted by Women's Capital Corporation for Plan B (defined as .75 mg levonorgestrel tablets [commonly referred to as the morning-after pill]), as amended by a formal response to the Food and Drug Administration's non-approvable determination, that would switch the drug from prescription-only to nonprescription status for women 16 years or older. Deems the Commissioner as having approved the application if the deadline is not met and continues such approval unless the Commissioner publishes in the Federal Register a determination to approve or disapprove the application."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Systemic Risk Designation Improvement Act of 2017''. SEC. 2. REVISIONS TO COUNCIL AUTHORITY. (a) Purposes and Duties.--Section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5322) is amended in subsection (a)(2)(I) by inserting before the semicolon ``, which have been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''. (b) Enhanced Supervision.--Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended-- (1) in subsection (a)(1), by striking ``large, interconnected bank holding companies'' and inserting ``bank holding companies which have been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''; and (2) in subsection (a)(2)-- (A) in subparagraph (A), by striking ``; or'' at the end and inserting a period; (B) by striking ``the Council may'' and all that follows through ``differentiate'' and inserting ``the Council may differentiate''; and (C) by striking subparagraph (B). (c) Reports.--Section 116(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5326(a)) is amended by striking ``with total consolidated assets of $50,000,000,000 or greater'' and inserting ``which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''. (d) Mitigation.--Section 121(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5331) is amended by striking ``with total consolidated assets of $50,000,000,000 or more'' and inserting ``which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''. (e) Office of Financial Research.--Section 155 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5345) is amended in subsection (d) by striking ``with total consolidated assets of 50,000,000,000 or greater'' and inserting ``which have been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''. SEC. 3. REVISIONS TO BOARD AUTHORITY. (a) Acquisitions.--Section 163 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5363) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' each place such term appears and inserting ``which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''. (b) Management Interlocks.--Section 164 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5364) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''. (c) Enhanced Supervision and Prudential Standards.--Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365) is amended-- (1) in subsection (a), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which have been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l)''; (2) in subsection (a)(2)-- (A) by striking ``(A) In general.--''; (B) in subparagraph (A), by striking ``may'' and inserting ``shall''; and (C) by striking subparagraph (B); (3) in subsection (j), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l)''. (d) Advanced Tailoring.--Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365) is amended by adding at the end the following: ``(l) Additional Bank Holding Companies Subject to Enhanced Supervision and Prudential Standards by Tailored Regulation.-- ``(1) Determination.--The Board of Governors may, within the limits of its existing resources-- ``(A) determine that a bank holding company that has not been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, shall be subject to certain enhanced supervision or prudential standards under this section, tailored to the risks presented, based on the considerations in paragraph (3), where material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the individual bank holding company, could pose a threat to the financial stability of the United States; or ``(B) by regulation determine that a category of bank holding companies that have not been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, shall be subject to certain enhanced supervision or prudential standards under this section, tailored to the risk presented by the category of bank holding companies, based on the considerations in paragraph (3), where material financial distress at the category of bank holding companies, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the category of bank holding companies, could pose a threat to the financial stability of the United States. ``(2) Council approval of regulations with respect to categories.--Notwithstanding paragraph (1)(B), a regulation issued by the Board of Governors to make a determination under such paragraph (1)(B) shall not take effect unless the Council, by a vote of not fewer than \\2/3\\ of the voting members then serving, including an affirmative vote by the Chairperson, approves the metrics used by the Board of Governors in establishing such regulation. ``(3) Considerations.--In making any determination under paragraph (1), the Board of Governors shall consider the following factors: ``(A) The size of the bank holding company. ``(B) The interconnectedness of the bank holding company. ``(C) The extent of readily available substitutes or financial institution infrastructure for the services of the bank holding company. ``(D) The global cross-jurisdictional activity of the bank holding company. ``(E) The complexity of the bank holding company. ``(4) Consistent application of considerations.--In making a determination under paragraph (1), the Board of Governors shall ensure that bank holding companies that are similarly situated with respect to the factors described under paragraph (3), are treated similarly for purposes of any enhanced supervision or prudential standards applied under this section. ``(5) Use of currently reported data to avoid unnecessary burden.--For purposes of making a determination under paragraph (1), the Board of Governors shall make use of data already being reported to the Board of Governors, including from calculating a bank holding company's systemic indicator score, in order to avoid placing an unnecessary burden on bank holding companies.''. (e) Systemic Identification.--Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365), as amended by subsection (d), is further amended by adding at the end the following: ``(m) Systemic Identification.--With respect to the identification of bank holding companies as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l), the Board of Governors shall-- ``(1) publish, including on the Board of Governors's website, a list of all bank holding companies that have been so identified, and keep such list current; and ``(2) solicit feedback from the Council on the identification process and on the application of such process to specific bank holding companies.''. (f) Conforming Amendment.--The second subsection (s) (relating to ``Assessments, Fees, and Other Charges for Certain Companies'') of section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended-- (1) by redesignating such subsection as subsection (t); and (2) in paragraph (2)(A), by striking ``having total consolidated assets of $50,000,000,000 or more'' and inserting ``which have been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act''. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to prohibit the Board of Governors of the Federal Reserve System from prescribing enhanced prudential standards for any bank holding company which the Board of Governors determines, based upon the bank holding company's size, interconnectedness, substitutability, global cross-jurisdictional activity, and complexity, could pose a safety and soundness risk to the stability of the United States banking or financial system but has not been designated as a global systemically important bank holding company. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect after the end of the 1-year period following the date of the enactment of this Act.", "summary": "Systemic Risk Designation Improvement Act of 2017 This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to allow the Federal Reserve Board (FRB) to subject a bank holding company to enhanced supervision if: (1) the company has been identified as a global systemically important company; or (2) the risk of the company's financial distress, or the nature of the company's activities, could pose a threat to the financial stability of the United States. Currently, companies are subject to this type of oversight if they possess at least $50 billion in assets or are a nonbank financial company under the FRB's supervision. The Financial Stability Oversight Council must approve of any metrics used by the FRB in determining by regulation that a category of bank holding companies is subject to enhanced supervision. Under this bill, companies subject to enhanced supervision may be required to limit mergers and acquisitions, restrict products offered, or maintain a certain debt ratio. The FRB must publish the list of companies that have been identified as requiring enhanced supervision."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe Food Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Establishment of independent Food Safety Administration. Sec. 5. Consolidation of separate food safety and inspection services and agencies. Sec. 6. Additional authorities of the Administration. Sec. 7. Limitation on authorization of appropriations. Sec. 8. Effective date. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The safety and security of the food supply of the United States requires efficient and effective management of food safety regulations. (2) The safety of the food supply of the United States is facing tremendous pressures with regard to the following issues: (A) Emerging pathogens and the ability to detect them. (B) An aging population with a growing number of people at high risk for foodborne illnesses. (C) An increasing volume of imported foods, without adequate monitoring and inspection. (D) Maintenance of adequate inspection of the domestic food processing and food service industry. (3) Federal food safety inspection, enforcement, and research efforts should be based on scientifically supportable assessments of risks to public health. (4) The Federal food safety system is fragmented, with at least 12 primary Federal agencies governing food safety. (b) Purposes.--It is the purpose of this Act-- (1) to establish a single agency, the Food Safety Administration, that will be responsible for the regulation of food safety and labeling and for conducting food safety inspections to ensure, with reasonable certainty, that no harm will result from the consumption of food, by preventing food- borne illnesses due to microbial, natural, or chemical hazards in food; and (2) to transfer to the Food Safety Administration the food safety, labeling, and inspection functions currently performed by other Federal agencies, to achieve more efficient management and effective application of Federal food safety laws for the protection and improvement of public health. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Administration.--The term ``Administration'' means the Food Safety Administration established under section 4. (2) Administrator.--The term ``Administrator'' means the Administrator of Food Safety appointed under section 4. (3) Food safety laws.--The term ``food safety laws'' means the following: (A) The Federal Meat Inspection Act (21 U.S.C. 601 et seq.). (B) The Poultry Products Inspection Act (21 U.S.C. 451 et seq.). (C) The Egg Products Inspection Act (21 U.S.C. 1031 et seq.). (D) The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), with regard to food safety, labeling, and inspection under that Act. (E) Such other laws and portions of laws regarding food safety, labeling, and inspection as the President may designate by Executive order as appropriate to consolidate under the administration of the Administration. SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION. (a) Establishment of Administration; Administrator.--There is established in the executive branch an agency to be known as the ``Food Safety Administration''. The Administration shall be an independent establishment, as defined in section 104 of title 5, United States Code. The Administration shall be headed by the Administrator of Food Safety, who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Responsibilities.--The Administrator shall administer and enforce the food safety laws for the protection of the public health and shall oversee the following functions of the Administration: (1) Implementation of Federal food safety inspection, enforcement, and research efforts, based on scientifically supportable assessments of risks to public health. (2) Development of consistent and science-based standards for safe food. (3) Coordination and prioritization of food safety research and education programs with other Federal agencies. (4) Coordination of the Federal response to foodborne illness outbreaks with other Federal agencies and State agencies. (5) Integration of Federal food safety activities with State and local agencies. SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES AND AGENCIES. (a) Transfer of Functions.--For each Federal agency specified in subsection (b), there are transferred to the Administration all functions that the head of the Federal agency exercised on the day before the effective date specified in section 8 (including all related functions of any officer or employee of the Federal agency) that relate to administration or enforcement of the food safety laws, as determined by the President. (b) Covered Agencies.--The Federal agencies referred to in subsection (a) are the following: (1) The Food Safety and Inspection Service of the Department of Agriculture. (2) The Center for Food Safety and Applied Nutrition of the Food and Drug Administration. (3) The Center for Veterinary Medicine of the Food and Drug Administration. (4) The National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce as it relates to the Seafood Inspection Program. (5) Such other offices, services, or agencies as the President may designate by Executive order to further the purposes of this Act. (c) Transfer of Assets and Funds.--Consistent with section 1531 of title 31, United States Code, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds that relate to the functions transferred under subsection (a) from a Federal agency shall be transferred to the Administration. Unexpended funds transferred pursuant to this subsection shall be used by the Administration only for the purposes for which the funds were originally authorized and appropriated. (d) References.--After the transfer of functions from a Federal agency under subsection (a), any reference in any other Federal law, Executive order, rule, regulation, document, or other material to that Federal agency or the head of that agency in connection with the administration or enforcement of the food safety laws shall be deemed to be a reference to the Administration or the Administrator, respectively. (e) Savings Provisions.--The transfer of functions from a Federal agency under subsection (a) shall not affect-- (1) an order, determination, rule, regulation, permit, agreement, grant, contract, certificate, license, registration, privilege, or other administrative action issued, made, granted, or otherwise in effect or final with respect to that agency on the day before the transfer date with respect to the transferred functions; or (2) any suit commenced with regard to that agency, and any other proceeding (including a notice of proposed rulemaking), or any application for any license, permit, certificate, or financial assistance pending before that agency on the day before the transfer date with respect to the transferred functions. SEC. 6. ADDITIONAL AUTHORITIES OF THE ADMINISTRATION. (a) Officers and Employees.--The Administrator may appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service, and fix the compensation of the officers and employees in accordance with chapter 51 and with subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (b) Experts and Consultants.--The Administrator may procure the services of experts and consultants as authorized by section 3109 of title 5, United States Code, and pay in connection with the services travel expenses of individuals, including transportation and per diem in lieu of subsistence while away from the homes or regular places of business of the individuals, as authorized by section 5703 of such title. (c) Bureaus, Offices, and Divisions.--The Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator may determine to be necessary to discharge the responsibilities of the Administration. (d) Rules.--The Administrator may prescribe, in accordance with chapters 5 and 6 of title 5, United States Code, such rules as the Administrator determines to be necessary or appropriate to administer and manage the functions of the Administrator. SEC. 7. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS. For the fiscal year that includes the effective date of this Act, the amount authorized to be appropriated to carry out this Act shall not exceed-- (1) the amount appropriated for that fiscal year for the Federal agencies described in section 5(b) for the purpose of administering or enforcing the food safety laws; or (2) the amount appropriated for these agencies for such purpose for the preceding fiscal year, if, as of the effective date of this Act, appropriations for these agencies for the fiscal year that includes the effective date have not yet been made. SEC. 8. EFFECTIVE DATE. This Act shall take effect on the earlier of-- (1) the date that is 180 days after the date of the enactment of this Act; and (2) such date during that 180-day period as the President may direct in an Executive order.", "summary": "Transfers to the Administration all functions of the following Federal agencies that relate to administration or enforcement of the food safety laws, as determined by the President: (1) the Food Safety and Inspection Service of the Department of Agriculture; (2) the Center for Food Safety and Applied Nutrition of the Food and Drug Administration (FDA); (3) the Center for Veterinary Medicine of FDA; (4) the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce as it relates to the Seafood Inspection Program; and (5) such others as the President may designate by executive order."}
{"article": ".--For purposes of section 822(a)(2), the term `joint resolution' means only a joint resolution of the two Houses of Congress--- ``(1) the matter after the resolving clause of which is as follows: `That the Congress hereby concurs in the determination and report of the President relating to compliance by North Korea with certain international obligations transmitted pursuant to section 822(a)(1) of the North Korea Threat Reduction Act of 1999.'; ``(2) which does not have a preamble; and ``(3) the title of which is as follows: `Joint Resolution relating to compliance by North Korea with certain international obligations pursuant to the North Korea Threat Reduction Act of 1999.'. ``(b) Congressional Review Procedures.-- ``(1) Rulemaking.--The provisions of this section are enacted by the Congress-- ``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and, as such, shall be considered as part of the rules of either House and shall supersede other rules only to the extent they are inconsistent therewith; and ``(B) with full recognition of the constitutional right of either House to change the rules so far as they relate to the procedures of that House at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ``(2) Introduction and referral.-- ``(A) Introduction.--A joint resolution described in subsection (a)-- ``(i) shall be introduced in the House of Representatives by the majority leader or minority leader or by a Member of the House of Representatives designated by the majority leader or minority leader; and ``(ii) shall be introduced in the Senate by the majority leader or minority leader or a Member of the Senate designated by the majority leader or minority leader. ``(B) Referral.--The joint resolution shall be referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. ``(3) Discharge of committees.--If a committee to which a joint resolution described in subsection (a) is referred has not reported such joint resolution by the end of 30 days beginning on the date of its introduction, such committee shall be discharged from further consideration of such joint resolution, and such joint resolution shall be placed on the appropriate calendar of the House involved. ``(4) Floor consideration in the house of representatives.-- ``(A) In general.--On or after the third calendar day (excluding Saturdays, Sundays, or legal holidays, except when the House of Representatives is in session on such a day) after the date on which the committee to which a joint resolution described in subsection (a) is referred has reported, or has been discharged from further consideration of, such a joint resolution, it shall be in order for any Member of the House to move to proceed to the consideration of the joint resolution. A Member of the House may make the motion only on the day after the calendar day on which the Member announces to the House the Member's intention to do so. Such motion is privileged and is not debatable. The motion is not subject to amendment or to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the House shall immediately proceed to consideration of the joint resolution which shall remain the unfinished business until disposed of. ``(B) Debate.--Debate on a joint resolution described in subsection (a), and on all debatable motions and appeals in connection therewith, shall be limited to not more than two hours, which shall be divided equally between those favoring and those opposing the joint resolution. An amendment to the joint resolution is not in order. A motion further to limit debate is in order and is not debatable. A motion to table, a motion to postpone, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. ``(C) Appeals.--Appeals from the decisions of the Chair to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. ``(5) Floor consideration in the senate.--Any joint resolution described in subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. ``(6) Consideration by the other house.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: ``(A) The joint resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). ``(B) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution-- ``(i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(ii) the vote on final passage shall be on the joint resolution of the other House. ``(C) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. ``(7) Computation of days.--In the computation of the period of 30 days referred to in paragraph (3), there shall be excluded the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain or because of an adjournment of the Congress sine die.''. SEC. 3. EXPANSION OF RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA. Section 822(a) of the North Korea Threat Reduction Act of 1999 is amended by striking ``such agreement,'' both places it appears and inserting in both places ``such agreement (or that are controlled under the Export Trigger List of the Nuclear Suppliers Group),''. SEC. 4. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA. The North Korea Threat Reduction Act of 1999 is amended-- (1) by redesignating section 824 (as redesignated by section 2(b)(1)) as section 825; and (2) by inserting after section 823 (as added by section 2(b)(2)) the following new section: ``SEC. 824. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA. ``(a) Prohibition.--In supporting the provision of nuclear reactors to North Korea pursuant to the Agreed Framework, neither the President nor any department, agency, or instrumentality of the United States Government may enter into any international agreement, contract, or other arrangement, the purpose or effect of which is to impose liability on the United States Government, or otherwise require financial indemnity by the United States Government, for nuclear accidents that may occur at nuclear reactors provided to North Korea pursuant to the Agreed Framework. ``(b) Construction.-- Except as provided in subsection (c), the prohibition of subsection (a) shall apply notwithstanding any other provision of law. ``(c) Exception.--Subsection (a) shall not apply to any treaty subject to approval by the Senate pursuant to article II, section 2, clause 2 of the Constitution of the United States.''.", "summary": "Prohibits any such agreement, export license, or transfer of any such items unless Congress approves the President's report by enactment of a joint resolution. Subjects to the same prohibition and approval requirements any export license for, or transfer or retransfer to North Korea of, any nuclear material, facilities, goods, services, or technology controlled under the Export Trigger List of the Nuclear Suppliers Group. Declares that in supporting the provision of nuclear reactors to North Korea pursuant to the Agreed Framework, neither the President nor any U.S. agency may enter into any international agreement, contract, or other arrangement to impose liability on the U.S. Government for nuclear accidents that may occur at nuclear reactors provided to North Korea."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Uterine Fibroid Research and Education Act of 2003''. SEC. 2. FINDINGS. Congress finds as follows: (1) The development of uterine fibroids is a common and significant health problem, affecting women of all ages, racial backgrounds, and socioeconomic levels. (2) It has been estimated that between 20 and 30 percent of women of reproductive age have uterine fibroids, though not all have been diagnosed. Studies indicate the prevalence could be much higher. (3) Symptomatic uterine fibroids can cause heavy bleeding, pain, and reproductive problems, including infertility. There is no known cause of uterine fibroids. (4) Uterine fibroids are the most common indication for hysterectomy, accounting for approximately one-third of hysterectomies, or 200,000 procedures annually. (5) African American women are 2 to 3 times more likely to develop uterine fibroids than women of other racial groups. (6) The estimated annual charges for inpatient care for uterine fibroids totaled more than $2,000,000,000 in 1997. (7) The Agency for Healthcare Research and Quality found a ``remarkable lack of high quality evidence supporting the effectiveness of most interventions for symptomatic fibroids''. SEC. 3. RESEARCH WITH RESPECT TO UTERINE FIBROIDS. (a) In General.--The Director of the National Institutes of Health (in this section referred to as the ``Director of NIH'') shall expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. (b) Administration.-- (1) In general.--The Director of NIH shall carry out this section through the appropriate institutes, offices, and centers, including the National Institute of Child Health and Human Development, the National Institute of Environmental Health Sciences, the Office of Research on Women's Health, the National Center on Minority Health and Health Disparities, and any other agencies that the Director of NIH determines to be appropriate. (2) Coordination of activities.--The Office of Research on Women's Health shall coordinate activities under paragraph (1) among the institutes, offices, and centers of the National Institutes of Health. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for each of the fiscal years 2004 through 2008. SEC. 4. INFORMATION AND EDUCATION WITH RESPECT TO UTERINE FIBROIDS. (a) Uterine Fibroids Public Education Program.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding uterine fibroids, including information on-- (A) the incidence and prevalence of uterine fibroids; (B) the elevated risk for minority women; and (C) the availability, as medically appropriate, of a range of treatment options for symptomatic uterine fibroids. (2) Dissemination.--The Secretary may disseminate information under paragraph (1) directly, or through arrangements with nonprofit organizations, consumer groups, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), Federal, State, or local agencies, or the media. (3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2008. (b) Uterine Fibroids Information Program for Health Care Providers.-- (1) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall develop and disseminate to health care providers information on uterine fibroids, including information on the elevated risk for minority women and the range of available options for the treatment of symptomatic uterine fibroids. (2) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2008. (c) Definition.--For purposes of this section, the term ``minority'', with respect to women, means women who are members of racial or ethnic minority groups within the meaning of section 1707 of the Public Health Service Act (42 U.S.C. 300u-6).", "summary": "Uterine Fibroid Research and Education Act of 2003 - Directs the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. Directs the Secretary of Health and Human Services to develop and disseminate to the public information regarding uterine fibroids, including on: (1) the elevated risk for minority women; and (2) the availability of a range of treatment options. Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to develop and disseminate to health care providers information on uterine fibroids, including on: (1) the elevated risk for minority women; and (2) and treatment options."}
{"article": "SECTION 1. SAFE AND SECURE STORAGE OF EXPLOSIVE MATERIALS BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES. (a) Reports on Locations, Types, and Amounts of Stored Explosive Materials.-- (1) Initial reports.--Within 6 months after the date of the enactment of this Act, each State shall submit to the Attorney General a written report that specifies each location at which any law enforcement agency operating under State law stores or keeps explosive materials that have been shipped or transported in interstate or foreign commerce, and the types and amounts of such materials stored or kept at the location. (2) Subsequent reports.--At such times as the Attorney General shall provide in regulations, each State shall submit to the Attorney General a written report that updates the most recent report submitted by the agency pursuant to this subsection. (b) Regulations Governing Storage of Explosive Materials.--Within 6 months after the date of the enactment of this Act, the Attorney General shall prescribe final regulations governing the storage and keeping by State and local law enforcement agencies of explosive materials that have been shipped or transported in interstate or foreign commerce. The regulations shall set forth the standards of public safety and security against theft which any place at which explosive materials that have been shipped or transported in interstate or foreign commerce are so stored or kept shall meet, and shall, at a minimum, require any such place to be subject to video surveillance or to have in operation an alarm system capable of notifying the agency of unauthorized entry. (c) Inspection Authority.--The Attorney General may enter during business hours any place where a State or local law enforcement agency stores or keeps explosive materials that have been shipped or transported in interstate or foreign commerce, for the purpose of inspecting the explosive materials and determining whether the materials are being stored or kept in compliance with the regulations prescribed under subsection (b). (d) Authority to Impose Penalty for Noncompliance.-- (1) Authority to reduce grants.--If a State or local law enforcement agency fails to comply with this section or any regulation prescribed under this section, the Attorney General may reduce by 10 percent the funds that the agency would otherwise receive, or would otherwise be allocated, under any grant program of the Department of Justice. (2) Reallocation of funds.--Any funds that are not allocated to a State or local law enforcement agency by reason of paragraph (1) shall be reallocated to other State or local law enforcement agencies whose grants are not reduced by reason of paragraph (1). SEC. 2. MATCHING GRANTS. (a) Application.--A State or local law enforcement agency may submit to the Attorney General an application for a grant under this section, which shall contain-- (1) a good faith estimate of the total amount the agency will need to expend to comply with the regulations prescribed under section 1(b); and (2) a certification that the agency has obtained commitments to receive from State or local sources sums totalling not less than \\1/2\\ of the amount referred to in paragraph (1), and will expend the sums to achieve such compliance. (b) Grant Authority.--The Attorney General may make a grant under this section to an applicant therefor if-- (1) the application contains the information required by subsection (a)(1) of this section; and (2) the applicant has submitted to the Attorney General all reports required from the applicant by or under section 1(a). (c) Amount of Grant.--The amount of the grant to be made to an applicant under this section shall not exceed \\1/2\\ of the amount set forth in the application pursuant to subsection (a)(1). (d) Use of Grant.--An applicant who receives a grant under this section shall use the grant only to cover the cost of complying with the regulations prescribed under section 1(b). (e) Limitations on Authorization of Appropriations.--For grants under this section, there are authorized to be appropriated to the Attorney General $10,000,000, without fiscal year limitation. SEC. 3. DEFINITIONS. In this Act: (1) Explosive materials.--The term ``explosive materials'' has the meaning given in section 841(c) of title 18, United States Code. (2) Law enforcement agency.--The term ``law enforcement agency'' does not include any component of the National Guard. (3) State.--The term ``State'' includes the District of Columbia.", "summary": "Requires each State to submit to the Attorney General a written report (and subsequent updates) that specifies each location at which a State law enforcement agency stores explosive materials that have been transported in interstate or foreign commerce and the types and amounts of such materials. Directs the Attorney General to prescribe final regulations governing the storage of such materials by such agencies, including public safety and security standards and requirements for video surveillance or an alarm system. Authorizes the Attorney General to: (1) make matching grants to State and local law enforcement agencies for complying with such regulations; (2) enter any place where such an agency keeps such explosive materials for inspection and compliance determinations; and (3) reduce by ten percent the funds that an agency would otherwise receive under any Department of Justice grant program if the agency fails to comply."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Show Loophole Closing Act of 2017''. SEC. 2. GUN SHOW BACKGROUND CHECK. (a) Findings.--The Congress finds that-- (1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; and (2) gun shows at which firearms are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other prohibited persons obtain firearms without background checks and without records that enable firearm tracing. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Gun Show.--The term `gun show'-- ``(A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if one or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; ``(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and ``(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events-- ``(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer; ``(ii) that are conducted by private, not-for- profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and ``(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues- paying members. ``(37) Gun Show Vendor.--The term `gun show vendor' means a person who is not licensed under section 923 and who exhibits, sells, offers for sale, transfers, or exchanges a firearm at a gun show, regardless of whether or not the person arranges with the gun show operator for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange the firearm.''. (c) Regulation of Firearms Transfers at Gun Shows.-- (1) In general.--Chapter 44 of such title is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Operators.--It shall be unlawful for a person to operate a gun show, unless-- ``(1) the person has attained 21 years of age; ``(2) the person (and, if the person is a corporation, partnership, or association, each individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce; ``(3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter; ``(4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration-- ``(A) has provided the Attorney General with a photograph and the fingerprints of the person; and ``(B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); ``(5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; and ``(6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General. ``(b) Responsibilities of Gun Show Operators.-- ``(1) In general.--It shall be unlawful for a person to operate a gun show, unless the person-- ``(A) not later than 30 days before the commencement of the gun show, notifies the Attorney General, in writing, of the date, time, duration, and location of the gun show, and the identity of each person who will be a gun show vendor at the gun show; ``(B) before commencement of the gun show-- ``(i) verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the individual containing a photograph of the individual; and ``(ii) requires each such individual to sign-- ``(I) a ledger, and enter into the ledger identifying information concerning the individual; and ``(II) a notice which sets forth the obligations of a gun show vendor under this chapter; and ``(C) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe. ``(2) Recordkeeping.--A person who operates, or has operated, a gun show shall maintain records demonstrating compliance with paragraph (1)(B), at such place, for such period of time, and in such form as the Attorney General shall require by regulation, or transmit the records to the Attorney General. ``(c) Background Check Required Before Transfer of Firearm Between Unlicensed Persons.--It shall be unlawful for a person who is not licensed under this chapter to transfer possession of, or title to, a firearm at, or on the curtilage of, a gun show, to another person who is not so licensed, or for a person who is not so licensed to receive possession of, or title to, a firearm at, or on the curtilage of, a gun show from another person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer-- ``(1) has entered into a separate bound record the make, model, and serial number of the firearm, and such other information about the transaction as the Attorney General may require by regulation; and ``(2) has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act has provided the licensee with a unique identification number, indicating that receipt of the firearm by the prospective transferee would not violate section 922 of this title or State law. ``(d) Recordkeeping Requirements.-- ``(1) In general.--A licensee who provides a notice pursuant to subsection (c)(2) with respect to the transfer of a firearm shall-- ``(A) not later than 10 days after the date of the transfer, submit to the Attorney General a report of the transfer, which report shall specify the make, model, and serial number of the firearm, and contain such other information and be on such form, as the Attorney General shall require by regulation, except that the report shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; and ``(B) retain a record of the transfer, including the same information as would be required if the transfer were from the inventory of the licensee, as part of the permanent business records of the licensee. ``(2) Limitation.--The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.''. (2) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8)(A) Whoever knowingly violates subsection (a) or (d) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both. ``(C) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932-- ``(i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and ``(ii) impose a civil fine in an amount equal to not more than $10,000.''. (3) Clerical amendment.--The table of contents for such chapter is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows.''. (d) Inspection Authority.--Section 923(g)(1) of such title is amended by adding at the end the following: ``(E) Notwithstanding subparagraph (B) of this paragraph, the Attorney General may enter during business hours any place where a gun show operator operates a gun show or is required to maintain records pursuant to section 932(b)(2), for purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant.''. (e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.-- Section 923(g)(3)(A) of such title is amended by inserting ``or provides pursuant to section 932(c)(2) notice with respect to,'' after ``sells or otherwise disposes of,''. (f) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of such title is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (g) Increased Penalties for Violations of Criminal Background Check Requirements.-- (1) Penalties.--Section 924(a)(5) of such title is amended-- (A) by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(t)''; and (B) by striking ``1'' and inserting ``5''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of such title is amended by striking ``and, at the time'' and all that follows through ``State law''. (h) Authority To Hire Personnel To Inspect Gun Shows.--The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 40 additional Industry Operations Investigators for the purpose of carrying out inspections of gun shows (as defined in section 921(a)(36) of title 18, United States Code). (i) Report to the Congress.--The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks. (j) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.", "summary": "Gun Show Loophole Closing Act of 2017 This bill makes it unlawful for any person to operate a gun show unless such person: (1) has attained 21 years of age; (2) is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements; (3) has registered with the Department of Justice (DOJ) as a gun show operator and has provided a photograph and fingerprints; (4) has not concealed material information nor made false statements in connection with a gun show operator registration; and (5) notifies DOJ of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show. The bill makes it unlawful for a person not licensed under this bill to transfer possession of a firearm at a gun show to another person not licensed unless a licensed importer, manufacturer, or dealer has, among other conditions, recorded the transfer with DOJ. Additionally, the licensed dealer must notify the prospective transferor and transferee of the firearm that the national instant criminal background check system has provided the dealer with a unique identification number indicating that the receipt of the firearm would not violate certain federal or state firearm laws. The bill grants DOJ authority to enter, without a showing of reasonable cause or a warrant, any place where a gun show is held or where a gun show operator is required to maintain records to examine records and inventory to determine compliance with this bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bond Transparency Act of 2014''. SEC. 2. MARKUP DISCLOSURE IN RISKLESS PRINCIPAL TRANSACTIONS IN MUNICIPAL SECURITIES. Section 15B of the Securities Exchange Act of 1934 (15 U.S.C. 78o- 4) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Markup Disclosure in Riskless Principal Transactions.-- ``(1) Definition.--In this subsection, the term `riskless principal transaction' means-- ``(A) a transaction in which a broker, dealer, or municipal securities dealer receives a customer order to buy or sell any municipal securities and, after receiving the customer order, buys the municipal securities from, or sells the municipal securities to, another person, while acting as principal for its own account, to complete the customer order; and ``(B) any other transaction the Commission identifies by rule as a riskless principal transaction. ``(2) Disclosure required.--A broker, dealer, or municipal securities dealer that effects a riskless principal transaction shall disclose to the customer, in writing, at or before the time of completion of the transaction, the amount of the difference between-- ``(A) the customer's purchase price and the broker's, dealer's or municipal securities dealer's purchase price; or ``(B) the customer's sale price and the broker's, dealer's, or municipal securities dealer's sale price.''. SEC. 3. MARKUP DISCLOSURE IN RISKLESS PRINCIPAL TRANSACTIONS IN CORPORATE DEBT SECURITIES. Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following: ``(p) Markup Disclosure in Riskless Principal Transactions in Corporate Debt Securities.-- ``(1) Definitions.--In this subsection-- ``(A) the term `specified debt security'-- ``(i) means any security that-- ``(I) evidences a liability of the issuer (including any such security that is convertible into stock or similar security), including bonds, debentures, notes, or any similar instruments, and any fractional or participation interests in any of the foregoing; and ``(II) constitutes-- ``(aa) United States dollar-denominated securities issued by the United States or a foreign private issuer; or ``(bb) any other security the Commission identifies by rule as a specified debt security for the purposes of this subsection; and ``(ii) does not include a municipal security, as defined in section 3(a)(29) of this Act; and ``(B) the term `riskless principal transaction' means-- ``(i) a transaction in which a broker or dealer receives a customer order to buy or sell any specified debt securities and, after receiving the customer order, buys the specified debt securities from, or sells the specified debt securities to, another person, while acting as principal for its own account, to complete the customer order; and ``(ii) any other transaction the Commission identifies by rule as a riskless principal transaction. ``(2) Disclosure required.--A broker or dealer that effects a riskless principal transaction shall disclose to the customer, in writing, at or before the time of completion of the transaction, the amount of the difference between-- ``(A) the customer's purchase price and the broker's or dealer's purchase price; or ``(B) the customer's sale price and the broker's or dealer's sale price.''.", "summary": "Bond Transparency Act of 2014 - Amends the Securities Exchange Act of 1934 to define a "riskless principal transaction" as any transaction the Securities and Exchange Commission (SEC) identifies as one, but primarily one in which a broker, dealer, or municipal securities dealer acts on a customer order to buy or sell either municipal securities or corporate debt securities while also acting as principal for its own account in order to complete the transaction. Requires a broker or dealer, at or before completion of the transaction, to make a markup disclosure in writing to the customer of the difference between either: (1) the customer's purchase price and the broker or dealer's purchase price; or (2) the customer's sale price and the broker or dealer's sale price. Subjects riskless principal transactions in corporate debt securities to the same markup disclosure requirements as those for riskless principal transactions in municipal securities."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans Programs Improvement Act of 2003''. (b) References.--Except as otherwise expressly provided, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, effective on December 1, 2003, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Compensation.--Each of the dollar amounts in effect under section 1114. (2) Additional compensation for dependents.--Each of the dollar amounts in effect under section 1115(1). (3) Clothing allowance.--The dollar amount in effect under section 1162. (4) New dic rates.--Each of the dollar amounts in effect under paragraphs (1) and (2) of section 1311(a). (5) Old dic rates.--Each of the dollar amounts in effect under section 1311(a)(3). (6) Additional dic for surviving spouses with minor children.--The dollar amount in effect under section 1311(b); (7) Additional dic for disability.--Each of the dollar amounts in effect under subsections (c) and (d) of section 1311. (8) DIC for dependent children.--Each of the dollar amounts in effect under sections 1313(a) and 1314. (c) Determination of Increase.-- (1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 2003. (2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2003, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount. (d) Special Rule.--The Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law No. 85-857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. (e) Publication of Adjusted Rates.--At the same time as the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2004, the Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b) as increased pursuant to subsection (a). SEC. 3. REPEAL OF 45-DAY RULE FOR EFFECTIVE DATE OF AWARD OF DEATH PENSION. Subsection (d) of section 5110 is amended-- (1) by striking the designation ``(1)''; (2) by striking ``death compensation or dependency and indemnity compensation'' and inserting ``death compensation, dependency and indemnity compensation, or death pension''; and (3) by striking paragraph (2). SEC. 4. EXCLUSION OF LUMP-SUM LIFE INSURANCE PROCEEDS FROM DETERMINATIONS OF ANNUAL INCOME FOR PENSION PURPOSES. Subsection (a) of section 1503 is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking ``materials.'' at the end of paragraph (10)(B) and inserting ``materials; and''; and (3) by adding at the end the following new paragraph: ``(11) lump-sum proceeds of any life insurance policy or policies on a veteran, for purposes of pension under subchapter III of this chapter.''. SEC. 5. CLARIFICATION OF PROHIBITION ON PAYMENT OF COMPENSATION FOR ALCOHOL OR DRUG-RELATED DISABILITY. (a) Clarification.--Chapter 11 is amended-- (1) in section 1110, by striking ``drugs.'' and inserting ``drugs, even if the abuse is secondary to a service-connected disability.''; and (2) in section 1131, by striking ``drugs.'' and inserting ``drugs, even if the abuse is secondary to a service-connected disability.''. (b) Applicability.--The amendments made by subsection (a) shall apply to any claim-- (1) filed on or after the date of enactment of this Act; or (2) filed before the date of enactment of this Act and not finally decided as of that date. SEC. 6. ALTERNATIVE BENEFICIARIES FOR NATIONAL SERVICE LIFE INSURANCE AND UNITED STATES GOVERNMENT LIFE INSURANCE. (a) National Service Life Insurance.-- (1) Section 1917 is amended by adding at the end the following new subsection: ``(f)(1) Following the death of the insured and in a case not covered by subsection (d)-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within two years after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if, within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. ``(2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person.''. (b) United States Government Life Insurance.--Section 1952 is amended by adding at the end the following new subsection: ``(c)(1) Following the death of the insured and in a case not covered by section 1950 of this title-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within two years after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if, within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. ``(2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person.''. (c) Transition Provision.--In the case of a person insured under subchapter I or II of chapter 19, title 38, United States Code, who dies before the date of the enactment of this Act, the two-year and four-year periods specified in subsection (f)(1) of section 1917 of title 38, United States Code, as added by subsection (a), and subsection (c)(1) of section 1952 of such title, as added by subsection (b), as applicable, shall for purposes of the applicable subsection be treated as being the two-year and four-year periods, respectively, beginning on the date of the enactment of this Act. SEC. 7. TIME LIMITATION ON RECEIPT OF CLAIM INFORMATION PURSUANT TO REQUEST BY DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 5102 is amended by adding at the end the following new subsection: ``(c) Time Limitation.-- ``(1) If information that a claimant and the claimant's representative, if any, are notified under subsection (b) is necessary to complete an application is not received by the Secretary within one year from the date of such notification, no benefit may be paid or furnished by reason of the claimant's application. ``(2) This subsection shall not apply to any application or claim for Government life insurance benefits.''. (b) Repeal of Superseded Provisions.--Section 5103 is amended-- (1) by striking ``(a) Required Information and Evidence.-- ''; and (2) by striking subsection (b). (c) Effective Date.--The amendments made by this section shall take effect as if enacted on November 9, 2000, immediately after the enactment of the Veterans Claims Assistance Act of 2000 (Public Law 106-475; 114 Stat. 2096). SEC. 8. BURIAL PLOT ALLOWANCE. (a) Subsection (b) of section 2303 is amended-- (1) in the matter preceding paragraph (1), by striking ``a burial allowance under such section 2302, or under such subsection, who was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or who is a veteran of any war'' and inserting ``burial in a national cemetery under section 2402 of this title''; and (2) in paragraph (2), by striking ``(other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war)'' and inserting ``is eligible for a burial allowance under section 2302 of this title or under subsection (a) of this section, or was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, and such veteran''. (b) Section 2307 is amended in the last sentence by striking ``and (b)'' and inserting ``and (b)(2)''. SEC. 9. PROVISION OF MARKERS FOR PRIVATELY MARKED GRAVES. (a) In General.--Subsection (d) of section 502 of the Veterans Education and Benefits Expansion Act of 2001 (Public Law 107-103; 115 Stat. 995), as amended by section 203 of the Veterans Benefits Act of 2002 (Public Law 107-330; 116 Stat. 2824), is further amended by striking ``September 11, 2001'' and inserting ``November 1, 1990''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of section 502 of Public Law 107-103. SEC. 10. EXPANSION OF BURIAL ELIGIBILITY FOR REMARRIED SPOUSES. (a) In General.--Paragraph (5) of section 2042 is amended by striking ``(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)'' and inserting ``(which for purposes of this chapter includes a surviving spouse who remarries following the veteran's death)''. (b) Effective Date.--The amendments made by subsection (a) shall apply to deaths occurring on or after the date of the enactment of this Act. SEC. 11. MAKE PERMANENT AUTHORITY FOR STATE CEMETERY GRANTS PROGRAM. (a) Permanent Authorization.--Paragraph (2) of section 2408(a) is amended-- (1) by striking ``for fiscal year 1999 and for each succeeding fiscal year through fiscal year 2004''; and (2) by adding at the end ``Funds appropriated under the preceding sentence shall remain available until expended.''. (b) Technical Amendment.--Subsection (e) of section 2408 is amended by striking ``Sums appropriated under subsection (a) of this section shall remain available until expended.''. SEC. 12. FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES. (a) Addition of Certain Offenses.--Paragraph (2) of section 6105(b) is amended by striking ``sections 792, 793, 794, 798, 2381, 2382, 2383, 2384, 2385, 2837, 2388, 2389, 2390, and chapter 105 of title 18'' and inserting ``sections 175, 229, 792, 793, 794, 798, 831, 1091, 2332a, 2332b, 2381, 2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, and chapter 105 of title 18''. (b) Effective Date.--The amendment made by subsection (a) shall apply to claims filed after the date of the enactment of this Act. SEC. 13. VETERANS' ADVISORY COMMITTEE ON EDUCATION. Section 3692 is amended-- (1) in subsection (a), by inserting ``as far as practicable'' after ``include''; (2) in subsections (a) and (b), by striking ``chapter 106'' and inserting ``chapter 1606'' both places it appears; and (3) in subsection (c), by striking ``2003'' and inserting ``2013''. SEC. 14. REPEAL OF EDUCATION LOAN PROGRAM. (a) Termination of Program.--No loans shall be made under subchapter III of chapter 36 after the date of the enactment of this Act, and such subchapter shall be repealed 90 days after such date of enactment. (b) Closing of Loan Fund.--All monies in the revolving fund established in the Treasury of the United States of America known as the ``Department of Veterans Affairs Education Loan Fund'' (the ``Fund'') on the day before the date of repeal of such subchapter III shall be transferred to the Department of Veterans Affairs Readjustment Benefits Account, and the Fund shall be closed. (c) Discharge of Liability.--The liability on any education loan debt outstanding under such subchapter III shall be discharged, and any overpayments declared under section 3698(e)(1) of that subchapter shall be waived without further process on the date funds are transferred as referred to in subsection (b) of this section. (d) Technical Amendment.--On the date of repeal of such subchapter III, as provided herein, the table of sections at the beginning of chapter 36 shall be amended by striking the items relating to subchapter III. (e) Conforming Amendments.-- (1) Chapter 34 is amended-- (A) by repealing paragraph (2) of section 3462(a); and (B) in paragraph (1) of section 3485(e), by striking ``(other than an education loan under subchapter III)''. (2) Section 3512 is amended by repealing subsection (f). (3) The amendments made by paragraphs (1)(B) and (2) shall take effect 90 days after the date of the enactment of this Act. SEC. 15. RESTORATION OF CHAPTER 35 EDUCATION BENEFITS OF CERTAIN INDIVIDUALS. (a) Restoration.--Subsection (h) of section 3512 is amended by inserting ``or is involuntarily ordered to full-time National Guard duty under section 502(f) of title 32'' following ``title 10''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as of September 11, 2001. SEC. 16. EXPANSION OF MONTGOMERY GI BILL EDUCATION BENEFITS FOR CERTAIN SELF-EMPLOYMENT TRAINING. (a) Self-Employment Training.--Subparagraph (B) of section 3002(3) is amended-- (1) in clause (i) by striking ``and''; (2) by adding at the end the following clause: ``(iii) a program of self-employment on-job training approved as provided in section 3677(d) of this title; and''. (b) Program Approval.--Section 3677 is amended-- (1) in subsections (a) and (c), by inserting ``self- employment on-job training or'' after ``(other than''; (2) in subsection (b)(1), by inserting ``described in subsection (a)'' after ``offering training''; and (3) by adding at the end the following new subsection: ``(d)(1) Any State approving agency may approve a program of self- employment on-job training for purposes of chapter 30 of this title only when it finds that the training is generally recognized as needed or accepted for purposes of obtaining licensure to engage in the self- employment occupation or is required for ownership and operation of a franchise that is the objective of the training. ``(2) The training entity offering the training for which approval is sought under this chapter must submit to the State approving agency a written application for approval, in the form and with the content as prescribed by the Secretary, which shall include such information as is required by the State approving agency. ``(3) As a condition for approving a program of self-employment on- job training, the State approving agency must find upon investigation that the following criteria are met: ``(A) The training content is adequate to qualify the eligible individual for the self-employment occupation that is the objective of the training. ``(B) The training consists of full-time training for a period of less than six months. ``(C) The length of the training period is not longer than that customarily required to obtain the knowledge, skills, and experience needed to successfully engage in the particular self-employment occupation that is the objective of the training. ``(D) The training entity has adequate instructional space, equipment, materials, and personnel to provide satisfactory training on the job. ``(E) The training entity keeps adequate records of each trainee's progress toward the self-employment objective and, at the end of the training period, issues a license, certificate, or other document recording the individual's successful completion of the training program. ``(F) The training entity and the self-employment on-job training program meet such other criteria as the Secretary may prescribe and as the State approving agency, with the Secretary's approval, may establish.''. (c) Conforming Amendment.--Paragraph (2) of section 3687(a) is amended by inserting ``subsections (a), (b), and (c) of'' before ``section 3677''. (d) Effective Date.--The amendments made by this section shall take effect on the date six months after the enactment of this Act and shall apply to self-employment on-job training approved and pursued on or after that date.", "summary": "Veterans Programs Improvement Act of 2003 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 2003, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Makes the effective date for the award of death pension the same as that for the award of death compensation or dependency and indemnity compensation. Excludes lump-sum insurance proceeds from income for purposes of eligibility for veterans' pensions. Prohibits the payment of veterans' disability compensation for an alcohol- or drug-abuse related disability even if the the alcohol or drug abuse is secondary to a service-connected disability. Provides alternative beneficiaries for National Service Life Insurance and United States Government Life Insurance proceeds when the first beneficiary does not make a claim. Provides burial benefit eligibility for a veteran's surviving spouse who remarries following the veteran's death. Makes permanent the authority for the State cemetery grants program. Repeals the Department of Veterans Affairs Education Loan program. Includes self-employment training under the Montgomery GI Bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Public Education Act of 1996''. SEC. 2. FINDINGS. The Congress finds as follows: (1) It is the responsibility of the Federal Government to prevent illegal immigration by enforcing existing laws and enacting new laws and policies. (2) The Federal Government has, to date, failed to carry out this responsibility, resulting in a large and increasing number of illegal immigrants residing within the borders of the United States. (3) Under current law, the States are required to provide certain public benefits to their residents, including education benefits for all children residing within their jurisdictions, regardless of immigration status. (4) The costs of educating illegal aliens are therefore borne primarily by the States. (5) The citizens of States that have a disproportionate number of illegal immigrants therefore have borne a disproportionate share of such educational costs, which result from the failures of the Federal Government. (6) In the interest of equity, the Federal Government should reimburse the States for such educational costs. SEC. 3. REIMBURSEMENT OF STATES FOR CERTAIN EDUCATIONAL COSTS FOR ILLEGAL ALIEN STUDENTS. (a) Grants to States.--Subject to the availability of appropriations and the succeeding provisions of this section, from the amount appropriated under subsection (f), the Secretary of Education shall provide for payment to each eligible State (as defined in subsection (b)) for reimbursable costs (as defined in subsection (c)). (b) Eligible States.--In order for a State to be eligible for payment under this section, the State-- (1) shall be a State for which the Secretary of Commerce has made a determination with respect to any fiscal year under subsection (e); and (2) shall provide the Secretary of Education with assurances that-- (A) the State will cooperate with the Secretary of Commerce in carrying out such Secretary's duties under this Act; and (B) such payments shall be used only for the purpose of reimbursing local educational agencies for reimbursable costs. (c) Reimbursable Costs Defined.--For purposes of this Act, the term ``reimbursable costs'' means, with respect to a State, the incremental increase in costs incurred by local educational agencies in the State in providing a free public education (as mandated by Federal law) to eligible illegal alien students (as defined in subsection (d)(1)), as determined by the Secretary of Commerce under subsection (e). (d) Eligible Illegal Alien Students.--For purposes of this Act, the term ``eligible illegal alien student'' means an alien who is not lawfully present in the United States and is enrolled in a public elementary or secondary school of a local educational agency in a State as of the date of a determination made by the Secretary of Commerce under subsection (e)(2). (e) Amount of Payment.-- (1) In general.--The amount of payment to an eligible State for a fiscal year under this section is the product of-- (A) the average number last determined under paragraph (3)(A) for the State; and (B) the average incremental increase in expenditures last determined under paragraph (3)(B) for the State. (2) Commencement of determinations.-- (A) First group of states.--Before the beginning of fiscal year 1998, and before the beginning of every third fiscal year thereafter, the Secretary of Commerce shall make a determination under paragraph (3) for the States of California, Texas, and Florida. (B) Second and third groups of states.--Before the beginning of fiscal year 1999, and before the beginning of every third fiscal year thereafter, the Secretary of Commerce shall make a determination under paragraph (3) for at least \\1/2\\ of the States that are not described in subparagraph (A). Before the beginning of fiscal year 2000, and before the beginning of every third fiscal year thereafter, the Secretary of Commerce shall make a determination under paragraph (3) for each of the remaining States. To the maximum extent possible, the Secretary shall make an equal number of determinations under this subparagraph before fiscal year 1999 and before fiscal year 2000. (3) Determinations.--Pursuant to paragraph (2), the Secretary of Commerce shall determine for a State before the beginning of a fiscal year-- (A) the average number of eligible illegal alien students in the State for any school day during the school year ending during the fiscal year; and (B) the average incremental increase in per pupil expenditures for public education benefits in the State for such school year that is determined to be attributable to the enrollment of eligible illegal alien students in public elementary and secondary schools, as determined based on statistics of the National Center for Education Statistics relating to expenditure per pupil in average daily attendance in public elementary and secondary schools. (f) Authorization of Appropriations.--There are authorized to be appropriated for each fiscal year (beginning with fiscal year 1998) such sums as may be necessary to make grants under this section. (g) State Defined.--In this Act, the term ``State'' has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act.", "summary": "Equity in Public Education Act of 1996 - Directs the Secretary of Education to make payments to eligible States to reimburse local educational agencies for specified costs of educating certain illegal alien students. Provides for such payments first to the States of California, Texas, and Florida. Provides for later payments to second and third groups of eligible States. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Fraudulent Intercountry Adoption Practices Act of 1996''. SEC. 2. CRIMINAL PROVISIONS. (a) In General.--Title 18 of the United States Code is amended by redesignating chapter 2 as chapter 2B and inserting before such chapter the following: ``CHAPTER 2A--ADOPTION SERVICES ``Sec. ``21. False pretenses in connection with the offering of adoption services. ``22. Placing a child for adoption for compensation. ``23. Definitions. ``24. Effect on State law and regulation. ``CHAPTER 2A--ADOPTION SERVICES ``Sec. 21. False pretenses in connection with the offering of adoption services ``(a) It shall be unlawful for any person, offering to perform any act or render any service in connection with the placement of a child for adoption, to knowingly and willfully falsify, conceal, or cover up by any trick, scheme, or device a material fact, or make any false, fictitious, or fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, in connection with the performance of such act or the rendition of such service or the offer to do so. ``(b) The material facts, documents, and representations referred to in subsection (a) include-- ``(1) information about the political or legal conditions and circumstances prevalent and anticipated in any country in which the legal proceedings of the adoption are to take place and which may affect the adoption process, including, but not limited to, information regarding how such conditions and circumstances may affect the time period in which the adoption process is to be completed; and ``(2) information released by the United States Department of State in the form of travel notices and other advisories regarding the adoption process in any country in which the legal proceedings of the adoption are to take place. ``(c) Any person who violates this section shall be imprisoned not more than 5 years, fined not more than $10,000, or both. ``Sec. 22. Placing a child for adoption for compensation ``(a) It shall be unlawful for any person to knowingly and willfully solicit or receive money or any thing of value, or the promise thereof, for placing or arranging for the placement of any child for adoption under circumstances that would require or result in such child being transported in interstate or foreign commerce. ``(b) Any person who violates this section shall be imprisoned not more than 5 years, fined not more than $10,000, or both. ``(c) This section shall not apply to any person who-- ``(1) solicits or receives money or any thing of value as the bona fide agent of a child care or adoption agency, public or private, which is authorized or licensed by a State to place children for adoption, in exchange for services rendered by the agency; ``(2) solicits or receives reasonable services rendered in connection with the consultation regarding, and the preparation and execution of documents necessary to accomplish, the legal placement of a child for adoption; or ``(3) solicits or receives reasonable fees solely in connection with the consultation regarding, and the rendition of, professional medical services related to the prenatal care of a woman or the delivery, examination, or treatment of a child for adoption. ``Sec. 23. Definitions ``As used in this chapter: ``(1) The term `child' has the meaning given such term in section 101(b)(1)(F) of the Immigration and Nationality Act. ``(2) The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. ``Sec. 24. Effect on State law and regulation ``Nothing in this chapter shall be construed to limit or otherwise affect the applicability or validity of any State law or regulation that may govern the placement of children in a home for adoption.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by striking the item relating to chapter 2 and inserting the following: ``2A. Adoption practices.................................... 21 ``2B. Aircraft and motor vehicles........................... 31.''. SEC. 3. SENSE OF THE CONGRESS THAT THERE SHOULD BE CIVIL REMEDIES FOR VICTIMS OF FRAUDULENT ADOPTION PRACTICES. (a) Defrauding Prospective Adoptive Parents; Civil Remedies.--It is the sense of the Congress that-- (1) any person who, having accepted money or anything of value in connection with an offer of, or performance of, any service or act relating to the placement of a child for adoption, has committed a violation of the provisions of chapter 2A of title 18, United States Code, should be liable for damages to any individual who has paid money or anything of value for the performance of such service or act; (2) the district courts of the United States should have jurisdiction to hear such cases regardless of the amount in controversy, and the plaintiff in such actions should be entitled to recover any money or thing of value (or the monetary equivalent thereof) which was provided to the defendant in exchange for the offer or promise to perform the act or service in question, in addition to punitive damages, costs of suit, and attorney's fees, where appropriate; and (3) the court may further impose such other penalties that may be provided for by State or Federal law. (b) Defrauding Birth Mother; Civil Remedies.--It is further the sense of the Congress that-- (1) any person who, having agreed to pay the expenses of a pregnant woman in return for the giving up of the child for adoption, commits an act of fraud in either stating the agreement or in performing it, should, if such woman traveled in interstate or foreign commerce because of the agreement, be liable to such woman for damages incurred as a result of the failure to perform any act or service covered by such agreement; (2) the district courts of the United States should have jurisdiction to hear such cases regardless of the amount in controversy, and the plaintiff in such actions should be entitled to recover such consequential and punitive damages, plus costs of suit and attorney's fees, as may be appropriate; and (3) the court may further impose such other penalties that may be provided for by State or Federal law.", "summary": "Anti-Fraudulent Intercountry Adoption Practices Act of 1996 - Prohibits any person offering to perform any act or render any service in connection with the placement of a child for adoption from knowingly falsifying or concealing a material fact or from making or using any false document. Defines \"material facts, documents, and representations\" to include: (1) information about the political or legal conditions and circumstances in any country in which the legal proceedings of the adoption are to take place that may affect the adoption process; and (2) information released by the U.S. Department of State in the form of travel notices and other advisories regarding the adoption process in any such country. Sets penalties for violations. Prohibits knowingly soliciting or receiving money or anything of value for placing any child for adoption under circumstances that require such child to be transported in interstate or foreign commerce, with exceptions. Sets penalties for violations. Expresses the sense of the Congress that there should be civil remedies for victims of fraudulent adoption practices."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Discredit Eternal Listing Inequality of Species Takings Act'' or the ``DELIST Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Delhi Sands Flower-loving Fly (Rhaphiomidas terminates abdominalis) was listed as an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) on September 23, 1993 (58 Fed. Reg. 49881). (2) Nineteen years have passed since the Delhi Sands Flower-loving Fly was listed as an endangered species. (3) The Delhi Sands Flower-loving Fly's listing was based on a high degree of threat and a low potential for recovery for a listed subspecies that may be in conflict with construction or other development projects or other forms of economic activity. (4) On September 14, 1997, a recovery plan was issued for the Delhi Sands Flower-loving Fly. The plan claimed that the resolution of current population data is too poor to effectively evaluate abundance trends or population distributions due to the cryptic nature and rarity of the Delhi Sands flower-loving Fly. Thus, the recovery plan by definition could not establish delisting criteria. (5) The United States Fish and Wildlife Service's report entitled ``Delhi Sands Flower-loving Fly (Rhaphiomidas terminatus abdominalis) 5-Year Review: Summary and Evaluation'' (March 2008; referred to in this section as the ``5-year review report'') establishes that down-listing criterion 2 cannot be evaluated with current knowledge of the Delhi Sands Flower- loving Fly. (6) None of the Delhi Sands Flower-loving Fly conservation areas are currently managed to maintain perpetual sand supply. There is currently insufficient information to determine the extent or long-term importance of this impact to maintaining the dune ecosystem. (7) The cryptic nature and low density of Delhi Sands Flower-loving Fly complicate efforts to effectively monitor population abundance. (8) To date, it has proven difficult to conduct surveys that reliably quantify relevant population variables (e.g., density and relative abundance), and no populations are regularly surveyed with sufficient effort to effectively monitor population trends. (9) Public support for conservation of the sand dune system upon which the Delhi Sands Flower-loving Fly depends is limited. (10) The life history of the Delhi Sands Flower-loving Fly is largely unknown. (11) The 5-year review report asserts that the Delhi Sands Flower-loving Fly was not used to explain larval stages of such fly because the population was too low. Instead, a comparison of entomologists observed several larvae of Rhaphiomidas trochilus, and because R. trochilus is closely related to the Delhi Sands Flower-loving Fly, these observations were used to understand larval biology of the Delhi Sands Flower-loving Fly. (12) A commenter mentioned in the 5-year review report suggested that the Delhi Sands Flower-loving Fly may be non- native to the Riverside/San Bernardino area and may have been accidentally introduced by the early settlers. (13) There is no new information in the scientific literature suggesting that the range of the Delhi Sands Flower- loving Fly is more extensive than initially identified. (14) Although the area of potentially suitable habitat has expanded, no newly discovered occupied site supports a major population of the Delhi Sands Flower-loving Fly that was not known at the time of the listing. (15) Within the section of the 5-year review report relating to abundance, it stated that no clear trends emerge from the demographic data that have been generated since the listing of the Delhi Sands Flower-loving Fly. Due to the cryptic nature and rarity of the Delhi Sands flower loving fly, it is difficult to accurately estimate abundance or density for this subspecies. (16) The 5-year review report claims range-wide surveys have not been attempted due to lack of funding and issues with access to privately owned properties. (17) The 5-year review report indicated that United States Fish and Wildlife Service biologists initiated a study in 2004 designed to improve Delhi Sands Flower-loving Fly survey protocol recommendations. This study required the effort of 3 biologists working 6 days a week during the peak of the flight season, and the data were only marginally adequate to estimate abundance, density, and detection probability. This effort indicated that measurement of population demographic trends will likely require substantial effort unless new techniques prove effective. (18) Because most Delhi Sands Flower-loving Fly habitat is in private ownership and no regulations are in place to address loss of unoccupied Delhi Sands Flower-loving Fly habitat, the permanent loss of potential and restorable Delhi Sands Flower- loving Fly habitat important to recovery often proceeds. (19) Most of the existing Delhi Sands Flower-loving Fly conservation sites are likely too small and fragmented to sustain Delhi Sands Flower-loving Fly populations through time. (20) In addition, while protected from development, most of the existing conservation areas remain susceptible to invasion by nonnative grasses, off-road vehicle use, and other disturbances. (21) Most conservation areas do not have monitoring programs to track Delhi Sands flower-loving fly occupancy or habitat quality. (22) With at least 90 percent loss of historical Delhi Soils, potential and suitable Delhi Sands Flower-loving Fly habitat available for conservation and restoration is extremely limited. (23) At the time of listing in 1993, there were only five small, isolated, extant populations of Delhi Sands Flower- loving Fly. (24) The 5-year review report states that recent observations, and the continued habitat loss and fragmentation, all suggest that population sizes of the Delhi Sands Flower- loving Fly are likely to be very small. Here, it is clear that the United States Fish and Wildlife Service does not know the size of the population. It may be possible that there is no longer a population to protect. (25) It is commonly accepted in conservation biology that small populations have higher probabilities of extinction than larger populations because their low numbers make them susceptible to inbreeding, loss of genetic variation, high variability in age and sex ratios, demographic stochasticity, and random naturally occurring events such as wildfires, floods, droughts, or disease epidemics. (26) Delhi Sands Flower-loving Fly populations were considered to be at risk at the time the subspecies was listed because of their small size and habitat fragmentation. We have no information suggesting that these threats have been ameliorated since the time of listing. (27) Monitoring efforts since the time of listing, though limited, do not suggest population increases, and it is reasonable to believe that Delhi Sands Flower-loving Fly populations are likely to be very small. (28) Together, small population size, isolation, populations in fragmented habitat, and increased vulnerability to introduced predators and competitors increase the risk of extirpation of the remaining Delhi Sands Flower-loving Fly populations. (29) Continued listing of the Delhi Sands Flower-loving Fly as an endangered species is not based on the best scientific and commercial data available. The 5-year review report relied on research conducted in 1993 or 2002. The research is 19 and 9 years old, respectively. The 5-year review report has not shown that the Delhi Sands Flower-loving Fly exist nor has there been a substantial increase of population during the 19 years of protection by the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 3. TREATMENT OF CERTAIN SPECIES AS EXTINCT. Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et sq.) is amended by adding at the end the following new paragraph: ``(4) Treatment of Certain Species as Extinct.--(A) A limited listed species shall be treated as extinct for purposes of this Act upon the expiration of the 15-year period beginning on the date it is determined by the Secretary to be an endangered species, unless the Secretary publishes a finding that-- ``(i) there has been a substantial increase in the population of the species during that period; or ``(ii) the continued listing of the species does not impose any economic hardship on communities located in the range of the species. ``(B) In this paragraph the term `limited listed species' means any species that is listed under subsection (c) as an endangered species for which it is not reasonably possible to determine whether the species has been extirpated from the range of the species that existed on the date the species was listed because not all individuals of the species were identified at the time of such listing.''.", "summary": "Discredit Eternal Listing Inequality of Species Takings Act or the DELIST Act - Amends the Endangered Species Act of 1973 (ESA) to treat a limited listed species as extinct for purposes of this Act upon the expiration of the 15-year period beginning on the date it is determined by the Secretary of the Interior to be an endangered species, unless the Secretary publishes a finding that: (1) there has been a substantial increase in the population of the species during that period; or (2) the continued listing of the species does not impose any economic hardship on communities located in the range of the species. Defines \"limited listed species\" as any species that is listed as an endangered species for which it is not reasonably possible to determine whether the species has been extirpated from the range of the species that existed on the date the species was listed because not all individuals of the species were identified at the time of such listing."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeting Child Predators Act of 2016''. SEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS. Section 3486(a) of title 18, United States Code, is amended-- (1) by striking ``the Secretary of the Treasury'' each place it appears and inserting ``the Secretary of Homeland Security''; (2) in paragraph (5), by striking ``ordered by a court''; and (3) by striking paragraph (6) and inserting the following: ``(6)(A)(i) If a subpoena issued under this section is accompanied by a certification under clause (ii) and notice of the right to judicial review under subparagraph (C), no recipient of a subpoena under this section shall disclose to any person that the Federal official who issued the subpoena has sought or obtained access to information or records under this section, for a period of 180 days. ``(ii) The requirements of clause (i) shall apply if the Federal official who issued the subpoena certifies that the absence of a prohibition of disclosure under this subsection may result in-- ``(I) endangering the life or physical safety of an individual; ``(II) flight from prosecution; ``(III) destruction of or tampering with evidence; ``(IV) intimidation of potential witnesses; or ``(V) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(B)(i) A recipient of a subpoena under this section may disclose information otherwise subject to any applicable nondisclosure requirement to-- ``(I) those persons to whom disclosure is necessary in order to comply with the request; ``(II) an attorney in order to obtain legal advice or assistance regarding the request; or ``(III) other persons as permitted by the Federal official who issued the subpoena. ``(ii) A person to whom disclosure is made under clause (i) shall be subject to the nondisclosure requirements applicable to a person to whom a subpoena is issued under this section in the same manner as the person to whom the subpoena was issued. ``(iii) Any recipient that discloses to a person described in clause (i) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement. ``(iv) At the request of the Federal official who issued the subpoena, any person making or intending to make a disclosure under subclause (I) or (III) of clause (i) shall identify to the individual making the request under this clause the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. ``(C)(i) A nondisclosure requirement imposed under subparagraph (A) shall be subject to judicial review under section 3486A. ``(ii) A subpoena issued under this section, in connection with which a nondisclosure requirement under subparagraph (A) is imposed, shall include notice of the availability of judicial review described in clause (i). ``(D) A nondisclosure requirement imposed under subparagraph (A) may be extended in accordance with section 3486A(a)(4).''. SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENTS. (a) In General.--Chapter 223 of title 18, United States Code, is amended by inserting after section 3486 the following: ``Sec. 3486A. Judicial review of nondisclosure requirements ``(a) Nondisclosure.-- ``(1) In general.-- ``(A) Notice.--If a recipient of a subpoena under section 3486 wishes to have a court review a nondisclosure requirement imposed in connection with the subpoena, the recipient may notify the Government or file a petition for judicial review in any court described in subsection (a)(5) of section 3486. ``(B) Application.--Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant subpoena. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the subpoena is doing business or in the district court of the United States for any judicial district within which the authorized investigation that is the basis for the subpoena is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement. ``(C) Consideration.--A district court of the United States that receives a petition under subparagraph (A) or an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances. ``(2) Application contents.--An application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph (1) shall include a certification from the Federal official who issued the subpoena indicating that the absence of a prohibition of disclosure under this subsection may result in-- ``(A) endangering the life or physical safety of an individual; ``(B) flight from prosecution; ``(C) destruction of or tampering with evidence; ``(D) intimidation of potential witnesses; or ``(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(3) Standard.--A district court of the United States shall issue a nondisclosure order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period may result in-- ``(A) endangering the life or physical safety of an individual; ``(B) flight from prosecution; ``(C) destruction of or tampering with evidence; ``(D) intimidation of potential witnesses; or ``(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(4) Extension.--Upon a showing that the circumstances described in subparagraphs (A) through (E) of paragraph (3) continue to exist, a district court of the United States may issue an ex parte order extending a nondisclosure order imposed under this subsection or under section 3486(a)(6)(A) for additional periods of 180 days, or, if the court determines that the circumstances necessitate a longer period of nondisclosure, for additional periods which are longer than 180 days. ``(b) Closed Hearings.--In all proceedings under this section, subject to any right to an open hearing in a contempt proceeding, the court must close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 3486. Petitions, filings, records, orders, certifications, and subpoenas must also be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a subpoena under section 3486.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 223 of title 18, United States Code, is amended by inserting after the item relating to section 3486 the following: ``3486A. Judicial review of nondisclosure requirements.''.", "summary": "Targeting Child Predators Act of 2016 This bill amends the federal criminal code to establish: (1) a certification process with respect to nondisclosure requirements imposed in connection with specified administrative subpoenas, and (2) a judicial review process with respect to the imposition of such requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Environmental Health Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) a growing body of scientific knowledge demonstrates that children may suffer disproportionately from environmental health risks and safety risks; (2) those risks arise because-- (A) the neurological, immunological, digestive, and other bodily systems of children are still developing; (B) children eat more food, drink more fluids, and breathe more air in proportion to their body weight than adults; (C) the size and weight of children may diminish their protection from standard safety features; and (D) the behavior patterns of children may make children more susceptible to accidents because children are less able to protect themselves; and (3) each Federal agency, to the extent permitted by law and appropriate, and consistent with the mission of each Federal agency, should-- (A) place a high priority on the identification and assessment of environmental health and safety risks that may disproportionately affect children, including where children live, learn, and play; (B) ensure that the policies, programs, activities, and standards of the Federal agency address disproportionate risks to children that result from environmental health or safety risks; and (C) participate in the implementation of, and comply with, this Act. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Environmental health and safety risk.-- (A) In general.--The term ``environmental health and safety risk'' means an environmental risk to the health or safety of a child that is posed by or otherwise attributable to a substance-- (i) that the child is likely to ingest; or (ii) to which the child may otherwise be exposed. (B) Inclusions.--The term ``environmental health and safety risk'' includes an environmental risk that is posed by or otherwise attributable to-- (i) air that is inhaled by, or that otherwise comes into contact with, a child; (ii) water used by a child for drinking or recreation; (iii) soil; and (iv) chemicals and other substances with which a child may come into contact. (4) Federal agency.--The term ``Federal agency'' means-- (A) any department, agency, or other instrumentality of the Federal Government; (B) any independent agency or establishment of the Federal Government (including any Government corporation); and (C) the Government Printing Office. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Task force.--The term ``Task Force'' means the Task Force to Address Environmental Health and Safety Risks to Children established by section 4(a). SEC. 4. TASK FORCE TO ADDRESS ENVIRONMENTAL HEALTH AND SAFETY RISKS TO CHILDREN. (a) Establishment.--The Administrator, in consultation with the Secretary, shall establish a task force to be known as the ``Task Force to Address Environmental Health and Safety Risks to Children''. (b) Authority.--The Task Force shall report to the President, in consultation with-- (1) the Domestic Policy Council; (2) the National Science and Technology Council; (3) the Council on Environmental Quality; and (4) the Office of Management and Budget. (c) Membership.--The Task Force shall be composed of-- (1) the Administrator of the Environmental Protection Agency, who shall serve as a Co-Chairperson of the Task Force; (2) the Secretary of Health and Human Services, who shall serve as Co-Chairperson of the Task Force; (3) the Secretary of Education; (4) the Secretary of Labor; (5) the Attorney General; (6) the Secretary of Energy; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Agriculture; (9) the Secretary of Transportation; (10) the Secretary of Homeland Security; (11) the Director; (12) the Chairperson of the Council on Environmental Quality; (13) the Chairperson of the Consumer Product Safety Commission; (14) the Assistant to the President for Economic Policy; (15) the Assistant to the President for Domestic Policy; (16) the Assistant to the President for, and Director of the Office of, Science and Technology Policy; (17) the Chairperson of the Council of Economic Advisers; and (18) such other officials of Federal agencies as the Administrator and the Secretary may, from time to time, designate. (d) Delegation.--A member of the Task Force may delegate the responsibilities of the member under this Act to 1 or more subordinates. (e) Duties.--The Administrator, in consultation with the Secretary as a co-chair of the Task Force, shall, after providing notice and an opportunity for public participation and comment and, if determined to be appropriate by the Administrator and the Secretary, using a consensus-based approach-- (1) recommend to the President Federal strategies to improve children's environmental health and safety, including-- (A) statements of principles, general policy, and targeted annual priorities to guide the Federal approach to complying with this Act; (B) a coordinated research agenda for the Federal Government, including steps to implement the review of research databases described in paragraph (2)(A); (C) recommendations for appropriate partnerships among the Federal Government, State, local, and tribal governments, and the private, academic, and nonprofit sectors; (D) proposals to enhance public outreach and communication to assist families in evaluating risks to children (including where children live, learn, and play) and in making informed consumer choices; (E) an identification of high-priority initiatives that the Federal Government has undertaken or will undertake in advancing the protection of children's environmental health and safety; (F) a statement regarding the desirability of new legislation to advance the protection of children's environmental health and safety; and (G) other proposals to enhance the health and safety protection of children by Federal and State governments and by communities and families; (2) not later than 180 days after the date of enactment of this Act, develop or direct to be developed-- (A) a review of existing and planned data resources; and (B) a proposed plan, which shall be reviewed by the Administrator and the Secretary, and other Federal agencies as the Administrator and the Secretary consider appropriate, and which shall be made available for public comment for a period of not less than 30 days-- (i) for use in ensuring that researchers and Federal research agencies have access to information on all research conducted or funded by the Federal Government that relates to adverse health risks in children resulting from exposure to environmental health and safety risks; and (ii) that-- (I) promotes the sharing of information on academic and private research; and (II) includes recommendations to encourage that such data, to the extent permitted by law, is available to the public, the scientific and academic communities, and all Federal agencies; and (3) submit to Congress (including the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives) and the President, make available to the public, and provide to the Office of Science and Technology Policy and the National Science and Technology Council for use in establishing research priorities, a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks, including-- (A) a description provided by Federal agencies and other agencies identified by the Task Force of key data needs relating to environmental health and safety risks that have arisen in the course of carrying out projects and activities of the Federal agencies; and (B) a description of the accomplishments of the Task Force. SEC. 5. ADMINISTRATION. (a) In General.--This Act applies only to the Executive branch. (b) Effect of Act.--This Act does not create or establish any substantive or procedural right, benefit, or trust responsibility, enforceable at law or equity, by a party against the United States (including any agency, officer, or employee of the United States). (c) Judicial Review.--This Act does not create or establish any right to judicial review involving the compliance or noncompliance with this Act by-- (1) the United States (including any agency, officer, or employee of the United States); or (2) any other person.", "summary": "Children's Environmental Health Protection Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish the Task Force to Address Environmental Health and Safety Risks to Children to: (1) recommend to the President federal strategies to improve children's environmental health and safety; (2) develop a review of existing and planned data resources and a proposed plan for use in ensuring that researchers and federal research agencies have access to information on federal research that relates to adverse health risk in children resulting from exposure to environmental health and safety risks; and (3) submit a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Stem Cell Research Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Past investments in biomedical research have resulted in better health, an improved quality of life for all Americans, and a reduction in national health care expenditures. (2) The Nation's commitment to biomedical research has expanded the base of scientific knowledge about health and disease and revolutionized the practice of medicine. (3) Research sponsored by the National Institutes of Health is responsible for the identification of genetic mutations relating to nearly 100 diseases, including Alzheimer's disease, cystic fibrosis, Huntington's disease, osteoporosis, many forms of cancer, and immune deficiency disorders. (4) Many Americans still face serious and life-threatening health problems, both acute and chronic. (5) Neurodegenerative diseases of the elderly, such as Alzheimer's and Parkinson's disease, threaten to destroy the lives of millions of Americans. (6) Cancer remains a comprehensive threat to any tissue or organ of the body at any age, and remains a leading cause of morbidity and mortality. (7) The extent of psychiatric and neurological diseases poses considerable challenges in understanding the workings of the brain and nervous system. (8) Diabetes, both insulin and noninsulin forms, afflicts 16 million Americans and places them at risk for acute and chronic complications, including blindness, kidney failure, atherosclerosis, and nerve degeneration. (9) Recent scientific developments show that human stem cell research based on ethically responsible stem cell sources may lead to exponential improvements in the treatment of many terminal and debilitating conditions, from cancer to Parkinson's to Alzheimer's to diabetes to heart disease. (10) To take full advantage of the tremendous potential for finding a cure or effective treatment for many debilitating diseases, the Federal investment in ethical stem cell research must be expanded. SEC. 3. NATIONAL STEM CELL DONOR BANK. (a) In General.--The Secretary of Health and Human Services shall by contract establish and maintain a National Stem Cell Donor Bank (in this section referred to as the ``Donor Bank''). The purpose of the Donor Bank shall be to seek and preserve donations of qualifying human stem cells and to make such donated cells available for biomedical research and for therapeutic purposes. (b) Qualifying Human Stem Cells.--For purposes of this Act, the term ``qualifying human stem cells'' means human stem cells obtained from human placentas, umbilical cord blood, organs or tissues of a living or deceased human being who has been born, or organs or tissues of unborn human offspring who died of natural causes (such as spontaneous abortion). (c) Administration of Donor Bank.--The Donor Bank shall be under the general supervision of the Secretary, and under the direction of a board of directors meeting such criteria as the Secretary may establish. (d) Patient Registry.--The Donor Bank shall with respect to qualifying human stem cells-- (1) operate a registry of patients who are transplant candidates; (2) establish a system for finding donors who are unrelated to the candidate patients and are suitably matched to the patients; and (3) carry out informational and educational activities. (e) Criteria.--The Secretary shall establish criteria for the Donor Bank and other entities that participate in the program under this section, including-- (1) quality standards and standards for tissue typing and obtaining the informed consent of donors, or the parents or legal representatives of donors as appropriate; (2) donor selection criteria, based on established medical criteria, to protect both donors and transplant recipients and to prevent the transmission of potentially harmful infectious diseases; (3) procedures to ensure the proper collection and transportation of qualifying human stem cells; and (4) standards that-- (A) require the establishment of a system of strict confidentiality of records relating to the identity and address of and medical information on patients and donors; and (B) prescribe the purposes for which the records described in subparagraph (A) may be disclosed, and the circumstances and extent of the disclosure. (f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2006. SEC. 4. USE OF QUALIFYING HUMAN STEM CELLS IN RESEARCH CONDUCTED OR SUPPORTED BY NATIONAL INSTITUTES OF HEALTH. (a) In General.--The Secretary, acting through the Director of the National Institutes of Health, may conduct and support research that uses qualifying human stem cells. (b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there are authorized to be appropriated $30,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006. SEC. 5. DEFINITIONS. For purposes of this Act: (1) The term ``qualifying human stem cells'' has the meaning given such term in section 3. (2) The term ``Secretary'' means the Secretary of Health and Human Services.", "summary": "Responsible Stem Cell Research Act of 2001- Directs the Secretary of Health and Human Services to establish by contract a National Stem Cell Donor Bank to preserve qualifying human stem cells and make such cells available for biomedical research and therapeutic purposes.Authorizes the Secretary, through the National Institutes of Health, to conduct and support human stem cell research."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Immigration Services Consumer Protection Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Criminal penalty for immigration consultants not meeting requirements. Sec. 4. Exception for attorneys, representatives of recognized organizations, and others; recognition and accreditation of representatives. Sec. 5. Education through community outreach programs. Sec. 6. Non-preemption of more protective State laws. Sec. 7. Confidentiality of information. Sec. 8. Effective date. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Attorney.--The term ``attorney'' means a person licensed and authorized to practice law in the area in which the person is acting as an immigration consultant. (2) Compensation.--The term ``compensation'' means money, property, promise of payment, or anything of value, provided directly or indirectly. (3) Immigration consultant.--The term ``immigration consultant'' means any person that provides assistance or advice on an immigration matter, including-- (A) completing a form provided by a Federal or State agency; (B) translating a person's answer to questions asked on such a form; (C) securing for a person supporting documents (such as birth and marriage certificates) which may be necessary to complete those forms; (D) submitting completed forms, on a client's behalf and at the client's request, to the Immigration and Naturalization Service; (E) making referrals to attorneys to represent the client in the matter; or (F) preparing or arranging for the preparation of photograph or fingerprint in connection with the matter. (4) Immigration matter.--the term ``immigration matter'' means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under any immigration or naturalization law, Executive order, or Presidential proclamation, or action of the Immigration and Naturalization Service, the Department of State, or the Department of Labor. SEC. 3. CRIMINAL PENALTY FOR IMMIGRATION CONSULTANTS NOT MEETING REQUIREMENTS. (a) In General.--Except as provided in section 4, any person who acts as an immigration consultant with respect to an immigration matter for any client for compensation and who knowingly fails to meet a requirement of subsection (b) shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. (b) Requirements.--The requirements of this subsection for a person acting as an immigration consultant in an immigration matter for a client are as follows: (1) Consultant license required.--The person shall have a license as an immigration consultant issued by the Immigration and Naturalization Service after the person has made an application that meets such requirements as the Attorney General may impose. (2) Written contract.--The person shall not act as an immigration consultant in the immigration matter on behalf of the client unless the person has entered into a written agreement with the client that meets the following requirements: (A) The agreement includes a description of-- (i) the services to be performed by the person under the agreement, and (ii) the amounts to be paid by the client. (B) The agreement includes a statement, printed on the face of the contract in boldface type no smaller than 10 point, that the person is not an attorney and may not perform legal services. (C) The agreement includes a conspicuous statement (in both English and the other principal language of the client, if it is not English) that the client has the right to rescind the agreement within 72 hours of the time it is executed. (D) The agreement shall not include-- (i) any guarantee or promise with respect to the disposition of the Immigration and Naturalization Service and the Attorney General on the matter; or (ii) any statement that the person can or will obtain special favors from or has special influence with the Service or the Attorney General on the matter. (3) Office notice.--The person shall conspicuously display in any office in which the person meets with clients a notice, not smaller than 12 inches by 20 inches and in boldface print no smaller one inch in height, that includes the following information: (A) A copy of the license issued under paragraph (1), including the full name, address, and license number of the person. (B) A statement that the person is not an attorney. (4) Notice of change of address.--The person shall notify the Immigration and Naturalization Service within 30 days of any change of name, address, or telephone number. (5) Delivery of documents.--The person shall deliver to the client a copy of each document or form completed on the client's behalf. (6) Returning documents to client.--The person shall, upon request of the client, return to the client any original documents of the client in the possession of the person that were delivered to the person in order to provide services for the client. SEC. 4. EXCEPTION FOR ATTORNEYS, REPRESENTATIVES OF RECOGNIZED ORGANIZATIONS, AND OTHERS; RECOGNITION AND ACCREDITATION OF REPRESENTATIVES. (a) In General.--Section 3(a) shall not apply to the following: (1) Attorneys.--An attorney. (2) Law students and law graduates not yet admitted to the bar.--A law student who is enrolled in an accredited law school, or a law graduate who is not yet admitted to the bar, where the following conditions are satisfied: (A) Request.--The student or graduate is appearing at the request of the person entitled to representation. (B) Statement of law student.--In the case of a law student, the student has filed a statement that the student is participating, under the direct supervision of a faculty member or an attorney, in a legal aid program or clinic conducted by a law school or non- profit organization, and that the student is appearing without direct or indirect remuneration from person represented. (C) Statement of law graduate.--In the case of a law graduate, the graduate has filed a statement that the graduate is appearing under the supervision of a licensed attorney or accredited representative and that the graduate is appearing without direct or indirect remuneration from the person represented. (D) Official permission.--The law student's or law graduate's appearance is permitted by the official or officials before whom the student or graduate wishes to appear. The official or officials may require that a law student be accompanied by the supervising faculty member or attorney. (3) Accredited representatives of recognized organizations.--An individual who is an accredited representative of an organization that is recognized under subsection (b). (4) Accredited officials.--An accredited official, in the United States, of the government to which an alien owes allegiance, if the official appears solely in an official capacity and with the alien's consent. (5) Grandfather.--A person, other than a representative of an organization described in subsection (b), who on December 23, 1952, was authorized to practice before the Board of Immigration Appeals and the Immigration and Naturalization Service. (b) Recognition of Qualified Organizations; Accreditation of Representatives.-- (1) In general.--The Attorney General shall establish a process-- (A) for the recognition of nonprofit religious, charitable, social service, or similar organization established in the United States; and (B) for the accreditation of representatives of a recognized organization to provide immigration services, including practicing before the Immigration and Naturalization Service and the Board of Immigration Appeals, on behalf of the organization. (2) Qualifications.-- (A) Recognition.--An organization shall not be recognized under paragraph (1)(A) unless the organization establishes to the satisfaction of the Attorney General that it has at its disposal adequate knowledge, information and experience. (B) Accreditation of representatives.--A representative may not be accredited under paragraph (1)(B) unless the representative-- (i) is of good moral character; and (ii) has sufficient experience and knowledge of immigration and naturalization law and procedure to adequately represent clients of the organization in immigration matters. (3) Application process.--The Attorney General shall establish an application process for the recognition of organizations and accreditation of representatives of such organizations under this subsection. As a condition for continuing the recognition of an organization or accreditation of a representative, the Attorney General may require the periodic submission of such application or information as the Attorney General may specify. (4) Withdrawal of recognition or accreditation.--The Attorney General may withdraw recognition of any organization or accreditation of a representative if the organization or representative has failed to maintain the qualifications to be so recognized or accredited, under a process specified by the Attorney General. (5) Use of current standards.--To the extent practicable, the Attorney General shall carry out this subsection in a manner consistent with the recognition and accreditation process provided by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations, as in effect as of the date of the enactment of this Act. (c) Construction.--Nothing in section 3 shall be construed as applying to a person who does not receive direct or indirect compensation for provision of services. SEC. 5. EDUCATION THROUGH COMMUNITY OUTREACH PROGRAMS. The Attorney General is authorized to provide grants to States in order to provide community outreach programs through State and local government agencies to educate individuals who use immigration consultants regarding the requirements of this Act. SEC. 6. NON-PREEMPTION OF MORE PROTECTIVE STATE LAWS. The provisions of this Act supersede State laws only to the extent the State laws prevent the application of section 3. States may impose requirements that are in addition to the requirements established under this Act. SEC. 7. CONFIDENTIALITY OF INFORMATION. (a) In General.--Except as provided in this section, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may use the information furnished by any person (including an alien who is not lawfully present in the United States) specifically in relation to a violation of this Act for any purpose other than to carry out this Act (including prosecutions under section 3). If such information is furnished by an alien who is not lawfully present in the United States, such information shall not be used for the purpose of identifying and removing the person from the United States or imposing other sanctions against the person, except if the information furnished is false or fraudulent. (b) Construction.--Nothing in this section shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Immigration and Naturalization Service, other than information furnished under subsection (a) that is not available from any other source. (c) Crime.--Whoever knowingly uses information in violation of this section shall be fined not more than $10,000. SEC. 8. EFFECTIVE DATE. This Act applies to actions taken as an immigration consultant on and after such date (not later than 2 years after the date of the enactment of this Act) as the Attorney General shall specify in regulations.", "summary": "Authorizes the Attorney General to provide State grants to educate persons respecting the requirements of this Act. Provides for confidentiality of information provided under this Act, and fines for knowing violation of such confidentiality."}
{"article": "SECTION 1. TAXATION OF UNITED STATES CRUISE INDUSTRY INCOME OF NONRESIDENT ALIENS AND FOREIGN CORPORATIONS. (a) United States Cruise Industry Income Treated as Effectively Connected to the Conduct of a Trade or Business Within the United States.-- (1) Income from sources without the united states.-- (A) In general.--Paragraph (4) of section 864(c) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D) United states cruise industry income.-- ``(i) In general.--United States cruise industry income shall be treated as effectively connected with the conduct of a trade or business within the United States. ``(ii) United states cruise industry income.--For purposes of this subparagraph, the term `United States cruise industry income' means income attributable to any covered passenger cruise (as defined in paragraph (8)), including income directly or indirectly attributable to the carriage of passengers and any on-board or off-board activities incidental to such covered passenger cruise.''. (B) Covered passenger cruise.--Subsection (c) of section 864 of such Code is amended by adding at the end the following new paragraph: ``(8) Covered passenger cruise.--For purposes of paragraph (4)(C)-- ``(A) Definition.-- ``(i) In general.--The term `covered passenger cruise' means a voyage of a commercial passenger cruise vessel-- ``(I) that extends over 1 or more nights, and ``(II) during which passengers embark or disembark the vessel in the United States. ``(ii) Exceptions for certain voyages.-- Such term shall not include any voyage-- ``(I) on any vessel owned or operated by the United States, a State, or any subdivision thereof, ``(II) which occurs exclusively on the inland waterways of the United States, or ``(III) in which a vessel in the usual course of employment proceeds, without an intervening foreign port of call from one port or place in the United States to the same port or place or to another port or place in the United States. ``(B) Passenger cruise vessel.--For purposes of subparagraph (A)-- ``(i) In general.--The term `passenger cruise vessel' means any passenger vessel having berth or stateroom accommodations for at least 250 passengers. ``(ii) Exceptions.--Such term shall not include any ferry, recreational vessel, sailing school vessel, small passenger vessel, offshore supply vessel, or any other vessel determined under regulations by the Secretary to be excluded from the application of this part. ``(iii) Definitions.--Any term used in this section which is used in chapter 21 of title 46, United States Code, shall have the meaning given such term under section 2101 of such title.''. (C) Conforming amendment.--Subparagraph (A) of section 864(c)(4) of such Code is amended by striking ``subparagraphs (B) and (C)'' and inserting ``subparagraphs (B), (C), and (D)''. (2) Income from sources within the united states.-- Paragraph (4) of section 887(b) of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to with respect to any United States source gross transportation income which is United States cruise industry income (as defined in section 864(c)(4)(C)(ii)).''. (b) Repeal of Exemption From Gross Income for Certain Taxpayers.-- (1) Nonresident aliens.--Paragraph (1) of section 872(b) of the Internal Revenue Code of 1986 is amended by inserting ``(other than United States cruise industry income (as defined in section 864(c)(4)(C)))'' after ``or ships''. (2) Foreign corporations.--Paragraph (1) of section 883(a) of such Code is amended by inserting ``(other than United States cruise industry income (as defined in section 864(c)(4)(C)))'' after ``or ships''. (c) Income Tax Treaties.--Section 894 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Rule for United States Cruise Industry Income.-- Notwithstanding subsection (a), no tax exemption or reduced tax rate shall be permitted under any treaty of the United States with respect to United States cruise industry income (as defined in section 864(c)(4)(C)).''. (d) Effective Date.--The amendments made by this section shall apply to income attributable to voyages made after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to treat United States cruise industry income as effectively connected with the conduct of a trade or business within the United States (thus subjecting such income to U.S. income taxation). Defines "United States cruise industry income" as income attributable to a voyage of a commercial passenger cruise vessel (a passenger vessel having berth or stateroom accommodations for at least 250 passengers) that extends over 1 or more nights and during which passengers embark or disembark the vessel in the United States. Prohibits any tax exemption or reduced tax rate under any U.S. treaty with respect to United States cruise industry income."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tony Dean Cheyenne River Valley Conservation Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) State.--The term ``State'' means the State of South Dakota. (3) Wilderness area.--The term ``wilderness area'' means any of the areas designated as components of the National Wilderness Preservation System by section 3(a). SEC. 3. WILDERNESS AREAS. (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) The approximately 27,500 acres of land, as generally depicted on the map entitled ``Indian Creek East and Indian Creek West'', which shall be known as the ``Indian Creek Wilderness''. (2) The approximately 16,007 acres of land, as generally depicted on the map entitled ``Red Shirt and Red Shirt East'', which shall be known as the ``Red Shirt Wilderness''. (3) The approximately 4,518 acres of land, as generally depicted on the map entitled ``Chalk Hills'', which shall be known as the ``Chalk Hills Wilderness''. (b) Maps and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for each wilderness area. (2) Effect.--Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map or legal description. (3) Availability.--Each map and legal description submitted under paragraph (1) shall be available in the Office of the Chief of the Forest Service. (c) Administration.-- (1) In general.--Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act. (2) Withdrawal.--Subject to valid existing rights, the wilderness areas are withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. (3) Continuation of livestock grazing.--In the wilderness areas, the grazing of livestock and the maintenance of existing facilities related to grazing in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, consistent with-- (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (B) the guidelines set forth in House Report 96-617 to accompany H.R. 5487 of the 96th Congress. (4) Fish and wildlife management.-- (A) State jurisdiction.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects or diminishes the jurisdiction of the State with respect to fish and wildlife management in the wilderness areas (including the regulation of hunting, fishing, and trapping). (B) Management activities.--In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), management activities to maintain or restore fish and wildlife populations and the habitats to support those populations may be carried out within the wilderness areas in accordance with relevant wilderness management plans and appropriate policies (such as those described in Appendix B of House Report 101-405 of the 101st Congress), including the occasional and temporary use of motorized vehicles, if the Secretary determines that the activities would-- (i) promote healthy, viable, and more naturally distributed wildlife populations; and (ii) using the minimum tool necessary, enhance wilderness values. (5) Fire, insects, invasive species, and diseases management activities.--The Secretary may undertake such measures as are necessary to control and prevent fire, insects, invasive species, and diseases, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), including the coordination of those activities with a State or local agency. (6) Military activities.--Nothing in this Act precludes-- (A) low-level overflights of military aircraft over the wilderness areas; (B) the designation of new units of special airspace over the wilderness areas; or (C) the use or establishment of military flight training routes over the wilderness areas. (7) Native american uses and interests.--Nothing in this Act diminishes the rights of Indian tribes with respect to access to Federal land for tribal activities (including spiritual, cultural, and traditional food-gathering activities). (8) Access to property.--The Secretary shall provide any owner of private property within the boundary of a wilderness area, including the State, adequate access to the private property. (9) Acquisition of land and interests in land.-- (A) In general.--Consistent with applicable law, the Secretary may acquire from willing sellers land or interests in land within the boundaries of the wilderness areas by purchase, donation, or exchange. (B) Incorporation of acquired land.--Any land or interest in land within a wilderness area that is acquired by the United States shall be added to, and administered as part of, the applicable wilderness area. (10) Adjacent management.-- (A) No protective perimeters or buffer zones.-- Congress does not intend for the designation of a wilderness area to result in the creation of protective perimeters or buffer zones around any of the wilderness areas. (B) Nonwilderness activities.--The fact that nonwilderness activities or uses outside of a wilderness area can be seen or heard from inside of the wilderness area shall not preclude the conduct of the nonwilderness activities or uses outside the boundaries of the wilderness area. SEC. 4. PRAIRIE DOGS. Nothing in this Act enhances or diminishes the existing authority of the Secretary and the Secretary of the Interior to manage prairie dog populations and habitats on public land.", "summary": "Tony Dean Cheyenne River Valley Conservation Act of 2010 - Designates specified lands in South Dakota as wilderness areas and as components of the National Wilderness Preservation System. Sets forth requirements for the administration of the wilderness areas, including with respect to military overflight activities, fish and wildlife management, access to private property, U.S. acquisition of lands and interests, protective perimeters and buffer zones, and nonwilderness activities and uses outside of the wilderness areas. Withdraws such areas from specified public land laws, mining laws, and mineral leasing, mineral materials, and geothermal leasing laws. Permits livestock grazing and the maintenance of related facilities to continue in the wilderness areas in which grazing is established. Authorizes the Secretary of Agriculture (USDA) to undertake necessary measures for the control and prevention of fire, insects, invasive species, and diseases. Prohibits anything in this Act from: (1) diminishing the rights of Indian tribes to access federal land for tribal activities; or (2) enhancing or diminishing the authority of the Secretary and the Secretary of the Interior to manage prairie dog populations and habitats."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Incentives for our Nation's Veterans in Energy Sustainability Technologies'' or as the ``INVEST Act''. SEC. 2. WORK OPPORTUNITY TAX CREDIT FOR VETERANS HIRED IN THE FIELD OF RENEWABLE ENERGY. (a) In General.--Section 51(d)(14) of the Internal Revenue Code of 1986 is amended to read as follows: ``(14) Certain veterans hired in the field of renewable energy.-- ``(A) In general.--For purposes of this subpart, an individual shall be treated a member of a targeted group if such individual is a specified veteran, but qualified wages with respect to such individual shall include only wages attributable to services rendered in a field of renewable energy. ``(B) Specified veteran.--For purposes of this paragraph, the term `specified veteran' means any veteran (as defined in paragraph (3)) who is certified by the designated local agency as-- ``(i) having received a credential or certification from the Department of Defense of military occupational specialty or skill in a field of renewable energy or with respect to advanced manufacturing, machinist or welding, or engineering, ``(ii) having completed a vocational degree in a field of renewable energy during the 1- year period ending on the hiring date, or ``(iii) having completed a LEED certification with the United States Green Building Council. ``(C) Renewable energy.--For purposes of this paragraph, renewable energy means resources that rely on fuel sources that restore themselves over short periods of time and do not diminish, including the sun, wind, moving water, organic plant and waste material, and the earth's heat.''. (b) Treatment of Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendment made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (B) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendment made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this section. (2) Coordination with credit allowed against united states income taxes.--The credit allowed against United States income taxes for any taxable year under the amendment made by this section to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in paragraph (1)(B)) allowed to such person against income taxes imposed by the possession of the United States by reason of this subsection with respect to such qualified veteran for such taxable year. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from credit provisions described in such section. (c) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2016.", "summary": "Incentives for our Nation's Veterans in Energy Sustainability Technologies or the INVEST Act This bill amends the Internal Revenue Code to allow the work opportunity tax credit for the hiring of a specified veteran who works in a field of renewable energy. A \"specified veteran\" means any veteran who is certified as: (1) having received a credential or certification from the Department of Defense of a military occupational specialty or skill in a field of renewable energy or with respect to advanced manufacturing, machinist or welding, or engineering; (2) having completed a vocational degree in a field of renewable energy; or (3) having completed a LEED (Leadership in Energy & Environmental Design) certification with the United States Green Building Council. The Department of the Treasury shall pay: (1) each U.S. possession (i.e., American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands) with a mirror code tax system amounts equal to the loss to such possession due to this Act; and (2) each U.S. possession without such a tax system an amount estimated to equal the loss to such possession that would have occurred due to this Act if such a tax system had been in effect."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Conflicts from Political Fundraising Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Public confidence in the Federal Government is based on the expectation that officers and employees will discharge their duties impartially, and avoid either actual conflicts of interest or the appearance thereof. (2) The risk of an actual conflict of interest, or the appearance thereof, arises when a nominee or appointee to a Senate-confirmed position or an individual in a position of a confidential or policymaking character has previously donated to, solicited for, or received funds from a political action committee or entity organized under section 501(c)(4) or section 501(c)(6) of the Internal Revenue Code of 1986. (3) Since the 2010 decision by the Supreme Court of the United States in Citizens United v. Federal Election Commission, spending by corporations subject to Federal laws and regulations has increased dramatically. (4) While some corporate political spending is done publicly, contributions to entities organized under section 501(c)(4) of the Internal Revenue Code of 1986 need not be disclosed, making this spending effectively anonymous. The risk of an actual conflict of interest, or the appearance thereof, arises whether political spending is public or anonymous. (5) Current financial disclosure requirements do not require filers to report funds they have donated to, solicited for, or received from political action committees or entities organized under section 501(c)(4) or section 501(c)(6) of the Internal Revenue Code of 1986. (6) Apparent or actual conflicts of interest are best ameliorated through public disclosure of this activity to the Office of Government Ethics so the apparent or actual conflicts can be addressed in ethics agreements negotiated between the filer and the agency in which the filer will serve. SEC. 3. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS. (a) Definitions.--Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) by redesignating paragraphs (2) through (19) as paragraphs (5) through (22), respectively; and (2) by inserting after paragraph (1) the following: ``(2) `covered contribution' means a payment, advance, forbearance, rendering, or deposit of money, or any thing of value-- ``(A)(i) that-- ``(I) is-- ``(aa) made by or on behalf of a covered individual; or ``(bb) solicited in writing by or on behalf of a covered individual; and ``(II) is made-- ``(aa) to a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or ``(bb) to an organization-- ``(AA) that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and ``(BB) that promotes or opposes changes in Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; or ``(ii) that is-- ``(I) solicited in writing by or on behalf of a covered individual; and ``(II) made-- ``(aa) by an individual or entity the activities of which are subject to Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; and ``(bb) to-- ``(AA) a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or ``(BB) an organization that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and ``(B) that is made to an organization described in item (aa) or (bb) of clause (i)(II) or clause (ii)(II)(bb) of subparagraph (A) for which the total amount of such payments, advances, forbearances, renderings, or deposits of money, or any thing of value, during the calendar year in which it is made is not less than the contribution limitation in effect under section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for elections occurring during such calendar year; ``(3) `covered individual' means an individual who has been nominated or appointed to a covered position; and ``(4) `covered position'-- ``(A) means-- ``(i) a position described under sections 5312 through 5316 of title 5, United States Code; ``(ii) a position placed in level IV or V of the Executive Schedule under section 5317 of title 5, United States Code; ``(iii) a position as a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; and ``(iv) a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; and ``(B) does not include a position if the individual serving in the position has been excluded from the application of section 101(f)(5);''. (b) Disclosure Requirements.--The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 101-- (A) in subsection (a)-- (i) by inserting ``(1)'' before ``Within''; (ii) by striking ``unless'' and inserting ``and, if the individual is assuming a covered position, the information described in section 102(j), except that, subject to paragraph (2), the individual shall not be required to file a report if''; and (iii) by adding at the end the following: ``(2) If an individual has left a position described in subsection (f) that is not a covered position and, within 30 days, assumes a position that is a covered position, the individual shall, within 30 days of assuming the covered position, file a report containing the information described in section 102(j)(2)(A).''; (B) in subsection (b)(1), in the first sentence, by inserting ``and the information required by section 102(j)'' after ``described in section 102(b)''; (C) in subsection (d), by inserting ``and, if the individual is serving in a covered position, the information required by section 102(j)(2)(A)'' after ``described in section 102(a)''; and (D) in subsection (e), by inserting ``and, if the individual was serving in a covered position, the information required by section 102(j)(2)(A)'' after ``described in section 102(a)''; and (2) in section 102-- (A) in subsection (g), by striking ``Political campaign funds'' and inserting ``Except as provided in subsection (j), political campaign funds''; and (B) by adding at the end the following: ``(j)(1) In this subsection-- ``(A) the term `applicable period' means-- ``(i) with respect to a report filed pursuant to subsection (a) or (b) of section 101, the year of filing and the 4 calendar years preceding the year of the filing; and ``(ii) with respect to a report filed pursuant to subsection (d) or (e) of section 101, the preceding calendar year; and ``(B) the term `covered gift' means a gift that-- ``(i) is made to a covered individual, the spouse of a covered individual, or the dependent child of a covered individual; ``(ii) is made by an entity described in item (aa) or (bb) of section 109(2)(A)(i)(II); and ``(iii) would have been required to be reported under subsection (a)(2) if the covered individual had been required to file a report under section 101(d) with respect to the calendar year during which the gift was made. ``(2)(A) A report filed pursuant to subsection (a), (b), (d), or (e) of section 101 by a covered individual shall include, for each covered contribution made by or on behalf of, or that was solicited in writing by or on behalf of, the covered individual during the applicable period-- ``(i) the date on which the covered contribution was made; ``(ii) if applicable, the date or dates on which the covered contribution was solicited; ``(iii) the value of the covered contribution; ``(iv) the name of the person making the covered contribution; and ``(v) the name of the person receiving the covered contribution. ``(B)(i) Subject to clause (ii), a covered contribution made by or on behalf of, or that was solicited in writing by or on behalf of, a covered individual shall constitute a conflict of interest, or an appearance thereof, with respect to the official duties of the covered individual. ``(ii) The Director of the Office of Government Ethics may exempt a covered contribution from the application of clause (i) if the Director determines the circumstances of the solicitation and making of the covered contribution do not present a risk of a conflict of interest and the exemption of the covered contribution would not affect adversely the integrity of the Government or the public's confidence in the integrity of the Government. ``(3) A report filed pursuant to subsection (a) or (b) of section 101 by a covered individual shall include the information described in subsection (a)(2) with respect to each covered gift received during the applicable period.''. (c) Provision of Reports and Ethics Agreements to Congress.-- Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(e) Not later than 30 days after receiving a written request from the Chairman or Ranking Member of a committee or subcommittee of either House of Congress with jurisdiction of the agency in which a covered individual has been nominated for appointment to a covered position or is serving in a covered position, the Director of the Office of Government Ethics shall provide to the Chairman or Ranking Member, respectively, each report filed under this title by the covered individual and any ethics agreement entered into between the agency and the covered individual.''. (d) Rules on Ethics Agreements.--The Director of the Office of Government Ethics shall promptly issue rules regarding how an agency in the executive branch shall address information required to be disclosed under the amendments made by this Act in drafting ethics agreements between the agency and individuals appointed to positions in the agency. (e) Technical and Conforming Amendments.-- (1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (A) in section 101(f)-- (i) in paragraph (9), by striking ``section 109(12)'' and inserting ``section 109(15)''; (ii) in paragraph (10), by striking ``section 109(13)'' and inserting ``section 109(16)''; (iii) in paragraph (11), by striking ``section 109(10)'' and inserting ``section 109(13)''; and (iv) in paragraph (12), by striking ``section 109(8)'' and inserting ``section 109(11)''; (B) in section 103(l)-- (i) in paragraph (9), by striking ``section 109(12)'' and inserting ``section 109(15)''; and (ii) in paragraph (10), by striking ``section 109(13)'' and inserting ``section 109(16)''; and (C) in section 105(b)(3)(A), by striking ``section 109(8) or 109(10)'' and inserting ``section 109(11) or 109(13)''. (2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by striking ``section 109(13)'' and inserting ``section 109(16)''. (3) Section 21A of the Securities Exchange Act of 1934 (15 U.S.C. 78u-1) is amended-- (A) in subsection (g)(2)(B)(ii), by striking ``section 109(11) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(11)))'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.))''; and (B) in subsection (h)(2)-- (i) in subparagraph (B), by striking ``section 109(8) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(8))'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''; and (ii) in subparagraph (C), by striking ``section 109(10) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(10))'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''. (4) Section 499(j)(2) of the Public Health Service Act (42 U.S.C. 290b(j)(2)) is amended by striking ``section 109(16) of the Ethics in Government Act of 1978'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''.", "summary": "Conflicts from Political Fundraising Act of 2017 This bill amends the Ethics in Government Act of 1978 to revise financial disclosure requirements for federal personnel, including: (1) the disclosure of contributions made or solicited by, or on behalf of, individuals nominated or appointed to high level executive positions or to positions of a confidential or policymaking character to political action committees and tax-exempt social welfare or business organizations; and (2) the disclosure of certain gifts to appointees, their spouses, or dependent children. The Office of Government Ethics shall, upon request, provide to the Chairman or Ranking Member of a House or Senate committee or subcommittee with jurisdiction over the agency to which an individual has been nominated or appointed to a covered position (certain Executive Schedule or Senior Executive Service positions) or is serving in a covered position, each financial disclosure report filed by such individual and any ethics agreement entered into between the agency and the individual. The office shall issue rules on how an executive branch agency shall address conflicts of interest identified in disclosures through ethics agreements between the agency and its appointees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Coast Act of 2012''. SEC. 2. FINDINGS. The Congress finds that-- (1) the lack of current, accurate, uniform, and standards- based geospatial information to characterize the United States coastal region presents a significant liability to adequately manage and maintain the Nation's-- (A) environment; (B) infrastructure; (C) economy; and (D) public safety and homeland security; (2) more than half of all people of the United States (153 million) currently live on or near a coast and an additional 12 million are expected in the next decade; (3) coastal counties in the United States average 300 persons per square mile, compared with the national average of 98; (4) on a typical day, more than 1,540 permits for construction of single-family homes are issued in coastal counties, combined with other commercial, retail, and institutional construction to support this population; (5) over half of the Nation's economic productivity is located within coastal regions; (6) highly accurate, high-resolution remote sensing and other geospatial data play an important role in management of the coastal zone and economy, including for flood and coastal storm surge prediction; hazard risk and vulnerability assessment; emergency response and recovery planning; community resilience to longer range climate change impacts; permitting and zoning decisionmaking; habitat and ecosystem health assessments; and landscape change detection; and (7) the Digital Coast is a model approach in effective Federal partnerships with local and State government, nongovernmental organizations, and the private sector. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Digital Coast'' means a constituent-driven effort led by the Secretary to provide an enabling platform that integrates geospatial data, decision support tools, training, and best practices to address coastal and emergency management issues and needs. The Digital Coast strives to sustain and enhance coastal economies and ecosystem services by helping communities address their issues, needs, and challenges through cost-effective and participatory solutions. (2) The term ``remote sensing and other geospatial'' means collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the Earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, lidar, and services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services. (3) The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (4) The term ``State''-- (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Chesapeake Bay, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes; and (B) includes Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territories of the Pacific Islands, American Samoa, and any portion of a State that is located within 100 kilometers of the Atlantic or Pacific Ocean, the Chesapeake Bay, the Gulf of Mexico, or the Great Lakes. (5) The term ``coastal region'' means the area of United States waters extending inland from the shoreline to include coastal watersheds and seaward to the territorial sea. (6) The term ``Federal Geographic Data Committee'' means the interagency committee that promotes the coordinated development, use, sharing, and dissemination of geospatial data on a national basis. SEC. 4. BUILDING THE DIGITAL COAST. (a) Establishment and Implementation.-- (1) In general.--The Secretary shall establish and implement the Digital Coast to collect the following priority supporting data and integrate such data with other available data for the benefit of the broadest measure of coastal resource management constituents and applications: (A) Coastal elevation data. (B) Land use and land cover data. (C) Benthic habitat and submerged aquatic vegetation data. (D) Parcels data. (E) Planimetric data. (F) Socioeconomic and human use data. (2) Focus on filling needs and gaps.--In implementing this section, the Secretary shall-- (A) recognize that remote sensing and other geospatial data acquisition for navigational and positioning purposes is carried out through other authorities and programs; and (B) focus on filling data needs and gaps for critical coastal management issues. (b) Data Integration, Tool Development, Training, Documentation, Dissemination, and Archive.--The Secretary shall-- (1) make data and resulting integrated products developed under this section readily accessible via the Digital Coast and other related Internet technologies; (2) develop decision support tools that use and display resulting integrated data and provide training on use of such tools; (3) document such data to Federal Geographic Data Committee standards; and (4) archive all raw data acquired under this Act at the appropriate National Oceanic and Atmospheric Administration data center or other appropriate Federal data center. (c) Coordination.--The Secretary shall coordinate the activities carried out pursuant to this Act to maximize data sharing and integration and minimize duplication by-- (1) coordinating activities, when appropriate, with-- (A) other Federal efforts, including efforts under the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), and the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.); (B) coastal States and United States territories; (C) local governments; and (D) representatives of nongovernmental entities; (2) participating, pursuant to section 216 of Public Law 107-347 (44 U.S.C. 3501 note), in the establishment of such standards and common protocols as are necessary to assure the interoperability of remote sensing and other geospatial data with all users of such information within-- (A) the National Oceanic and Atmospheric Administration; (B) other Federal agencies; (C) State and local government; and (D) the private sector; (3) coordinating with, seeking assistance and cooperation of, and providing liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order No. 12906; and (4) providing for the utilization of contracts with the private sector, to the maximum extent practicable, to provide such products and services as are necessary to collect remote sensing and other geospatial data; which contracts shall be considered ``surveying and mapping'' services as such term is used and as such contracts are awarded at the discretion of the Secretary in accordance with the selection procedures in chapter 11 of title 40, United States Code. SEC. 5. COASTAL SERVICES CENTERS. (a) Establishment.--The Secretary shall establish, within the National Oceanic and Atmospheric Administration, the Coastal Services Centers to facilitate the development of products and services that address the needs of local, State, and regional entities involved with coastal and ocean decisionmaking including those State coastal management and research reserves benefitting from this Act, and to lead development and maintenance of the Digital Coast. (b) Purpose.--The purpose of the Coastal Services Centers shall be to-- (1) support the environmental, social, and economic well- being of the coast by linking people, information, and technology; (2) identify and assess coastal and ocean management needs and increase the capabilities and capacities of managers to address them at the local, State, and regional levels; (3) manage the Digital Coast program to carry out the intent of this Act; (4) convene and engage coastal managers and decisionmakers in dialog concerning coastal issues and share information and best practices across this audience; and (5) collaborate with various programs of the National Oceanic and Atmospheric Administration, other Federal agencies, and nongovernmental entities to bring data, information, services, and tools to the Nation's coastal and ocean decisionmakers. (c) Financial Agreements.--To carry out this Act, including to provide program support to non-Federal entities that participate in implementing this Act, the Secretary-- (1) may enter into financial agreements including grants, cooperative agreements, interagency agreements, and contracts with other Federal, tribal, State, and local governmental and nongovernmental entities; and (2) may collect registration fees in support of training, workshops, and conferences that advance the purposes of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary $85,000,000 for each of fiscal years 2013 through 2018 to carry out this Act.", "summary": "Digital Coast Act of 2012 - Defines \"Digital Coast\" as a constituent-driven effort led by the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), to provide an enabling platform integrating geospatial data, decision support tools, training, and best practices to address coastal and emergency management issues and enhance coastal economies and ecosystem services by helping communities with cost-effective and participatory solutions. Directs NOAA to establish and implement the Digital Coast to: (1) collect data concerning coastal elevations, land use and cover, habitat and submerged aquatic vegetation, parcels, planimetrics, socioeconomics, and human use; and (2) integrate other data sources for the broadest measure of coastal resource management constituents and applications. Directs NOAA to: (1) make such data and resulting products accessible via the Digital Coast and other related Internet technologies, (2) provide training on decision support tools developed under this Act, (3) document data to Federal Geographic Data Committee standards, and (4) archive the raw data at appropriate NOAA or federal data centers. Requires coordination and data sharing with states, U.S. territories, local governments, nongovernmental entities, and other federal efforts. Requires the establishment of NOAA Coastal Services Centers to facilitate the development of products and services addressing the needs of local, state, and regional entities involved with coastal and ocean decisionmaking and to lead development and maintenance of the Digital Coast."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Savings and Resilient Construction Act of 2012''. SEC. 2. RESILIENT CONSTRUCTION TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45R the following new section: ``SEC. 45S. RESILIENT CONSTRUCTION. ``(a) General Rule.--For purposes of section 38, in the case of an eligible contractor, the resilient construction credit for the taxable year is the applicable amount for each building-- ``(1) constructed by the eligible contractor in a disaster area determined as a result of a federally declared major disaster, ``(2) the construction of which began after the date of such disaster in that area, ``(3) which-- ``(A) in the case of qualified commercial property, is placed in service for commercial purposes, and ``(B) in the case of qualified residential property, is placed in service for residential purposes, and ``(4) for which a certificate of occupancy is issued before the end of the 2-year period beginning on the date of such disaster declaration in that area. ``(b) Applicable Amount.--For purposes of subsection (a), the applicable amount is: ``(1) Commercial property.--In the case of a qualified commercial property, the applicable amount is the lesser of-- ``(A) 1 percent of the cost of construction, or ``(B) $25,000. ``(2) Residential property.--In the case of a qualified residential property, the applicable amount is the lesser of-- ``(A) 1 percent of the cost of construction, or ``(B) $3,000. ``(c) Qualified Property.--For purposes of this section: ``(1) Qualified commercial property.--The term `qualified commercial property' means a building that is-- ``(A) located in the United States, ``(B) defined in the scope of the 2009 or later International Building Code published by the International Code Council, and ``(C) designed and constructed to meet resilient construction requirements. ``(2) Qualified residential property.--The term `qualified residential property' means a building that is-- ``(A) located in the United States, ``(B) defined in the scope of the 2009 or later International Residential Code published by the International Code Council, and ``(C) designed and constructed to meet resilient construction requirements. ``(d) Resilient Construction Requirements.--For purposes of this section: ``(1) In general.--The resilient construction requirements with respect to a property are that the property is designed and constructed to-- ``(A) resist hazards brought on by a major disaster and continues to provide its primary functions after a major disaster, ``(B) reduce the magnitude or duration of a disruptive event, and ``(C) have the absorptive capacity, adaptive capacity, recoverability to withstand a potentially disruptive event. ``(2) Treated as meeting resiliency requirements.--For purposes of paragraph (1)-- ``(A) in the case of a qualified commercial property, the property shall be treated as meeting the requirements specified in paragraph (1) if the property is a building which-- ``(i) was designed to meet the requirements of the 2009 or later International Building Code published by the International Code Council and received the Insurance Institute for Business and Home Safety FORTIFIED for Safer Business designation, or ``(ii) was designed and built in a jurisdiction that requires commercial buildings to meet the requirements of the 2009 or later International Building Code published by the International Code Council\u0005 with amendments that are equivalent or more restrictive than the requirements described in FORTIFIED for Safer Business Standards published by the Insurance Institute for Business and Home Safety and received a certificate of occupancy (or other documentation stating that it has met the requirements of the building code) from the jurisdiction, and ``(B) in the case of a qualified residential property, the property shall be treated as meeting the requirements specified in paragraph (1) if the property is a building which was designed to meet the requirements of the 2009 or later International Residential Code published by the International Code Council, and meets one of the following requirements: ``(i) The building received the Insurance Institute for Business and Home Safety as FORTIFIED for Safer Living designation. ``(ii) The building received the Insurance Institute for Business and Home Safety as FORTIFIED for Existing Homes designation. ``(iii) It was designed and built in a jurisdiction that requires residential buildings to meet the requirements of the 2009 or later International Building Code published by the International Code Council\u0005 with amendments that are equivalent or more restrictive than the requirements described in FORTIFIED for Safer Living Builders Guide published by the Insurance Institute for Business and Home Safety and received a certificate of occupancy (or other documentation stating that it has met the requirements of the building code) from the jurisdiction. ``(3) Absorptive capacity.--The term `absorptive capacity' means the ability of the construction to endure a disruption without significant deviation from normal operating performance. ``(4) Adaptive capacity.--The term `adaptive capacity' means the ability of the construction to adapt to a drastic change in normal operating conditions. ``(5) Recoverability.--The term `recoverability' means the ability of the construction to recover quickly, and at low cost, from potentially disruptive events. ``(e) Other Definitions.--For purposes of this section: ``(1) Eligible contractor.--The term `eligible contractor' means the person who constructed the qualified building. ``(2) Construction.--The term `construction' includes new construction and reconstruction and rehabilitation that meets resilient construction requirements. ``(3) Disaster area.--The term `disaster area' has the meanings given such terms by section 165(h)(3). ``(4) Federally declared major disaster.--The term `federally declared major disaster' means a disaster subsequently determined by the President of the United States to be a `major disaster' that warrants assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(f) Basis Reduction.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. ``(g) Termination.--This section shall not apply to any property for which a certificate for occupancy is issued after December 31, 2015.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of such Code, as amended by this Act, is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the resilient construction credit determined under section 45S(a).''. (c) Basis Adjustment.--Subsection (a) of section 1016 is amended by striking ``and'' at the end of paragraph (31), by striking the period at the end of paragraph (32) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45S(f), in the case of amounts with respect to which a credit has been allowed under section 45S.''. (d) Deduction for Certain Unused Business Credits.--Section 196(c) (defining qualified business credits) is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding after paragraph (14) the following new paragraph: ``(15) the resilient construction credit determined under section 45S(a).''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 45R the following new item: ``Sec. 45S. Resilient construction.''. (f) Effective Date.--The amendments made by this section shall apply to property for which a certificate for occupancy is issued after the date of the enactment of this Act.", "summary": "Disaster Savings and Resilient Construction Act of 2012 - Amends the Internal Revenue Code to allow a business-related tax credit for the cost of constructing commercial and residential buildings that comply with resilient construction requirements in a federally-declared major disaster area. Defines \"resilient construction requirements\" as requirements that ensure that such buildings: (1) can resist hazards brought on by a major disaster and can continue to provide their primary functions after a major disaster, (2) can reduce the magnitude or duration of a disruptive event, and (3) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event. Terminates such credit for any any property for which a certificate of occupancy is issued after December 31, 2015."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Conservation Opportunity Fund Act of 2008'' or the ``ECO Fund Act of 2008''. SEC. 2. REVOLVING FUND FOR LOANS TO STATES AND INDIAN TRIBES TO CARRY OUT RENEWABLE ENERGY SOURCES ACTIVITIES. (a) Establishment of Fund.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Alternative Energy Sources State Revolving Fund''. (b) Credits.--The Fund shall be credited with-- (1) any amounts appropriated to the Fund pursuant to subsection (g); (2) any amounts of principal and interest from loan repayments received by the Secretary pursuant to subsection (d)(7); and (3) any interest earned on investments of amounts in the Fund pursuant to subsection (e). (c) Expenditures.-- (1) In general.--Subject to paragraph (2), on request by the Secretary of Housing and Urban Development, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide loans under subsection (d)(1). (2) Administrative expenses.--Of the amounts in the Fund, not more than 5 percent shall be available for each fiscal year to pay the administrative expenses of the Department of Housing and Urban Development to carry out this section. (d) Loans to States and Indian Tribes.-- (1) In general.--The Secretary shall use amounts in the Fund to provide loans to States and Indian tribes to provide incentives to owners of single-family and multifamily housing, commercial properties, and public buildings to provide-- (A) renewable energy sources for such structures, such as wind, wave, solar, biomass, or geothermal energy sources, including incentives to companies and business to change their source of energy to such renewable energy sources and for changing the sources of energy for public buildings to such renewable energy sources; (B) energy efficiency and energy conserving improvements and features for such structures; or (C) infrastructure related to the delivery of electricity and hot water for structures lacking such amenities. (2) Eligibility.--To be eligible to receive a loan under this subsection, a State or Indian tribe, through an appropriate State or tribal agency, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Criteria for approval.--The Secretary may approve an application of a State or Indian tribe under paragraph (2) only if the Secretary determines that the State or tribe will use the funds from the loan under this subsection to carry out a program to provide incentives described in paragraph (1) that-- (A) requires that any such renewable energy sources, and energy efficiency and energy conserving improvements and features, developed pursuant to assistance under the program result in compliance of the structure so improved with the energy efficiency requirements under section 2(a) of the; and (B) includes such compliance and audit requirements as the Secretary determines are necessary to ensure that the program is operated in a sound and effective manner. (4) Preference.--In making loans during each fiscal year, the Secretary shall give preference to States and Indian tribes that have not previously received a loan under this subsection. (5) Maximum amount.--The aggregate outstanding principal amount from loans under this subsection to any single State or Indian tribe may not exceed $500,000,000. (6) Loan terms.--Each loan under this subsection shall have a term to maturity of not more than 10 years and shall bear interest at annual rate, determined by the Secretary, that shall not exceed interest rate charged by the Federal Reserve Bank of New York to commercial banks and other depository institutions for very short-term loans under the primary credit program, as most recently published in the Federal Reserve Statistical Release on selected interest rates (daily or weekly), and commonly referred to as the H.15 release, preceding the date of a determination for purposes of applying this paragraph. (7) Loan repayment.--The Secretary shall require full repayment of each loan made under this section. (e) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such amounts in the Fund that are not, in the judgment of the Secretary of the Treasury, required to meet needs for current withdrawals. (2) Obligations of united states.--Investments may be made only in interest-bearing obligations of the United States. (f) Reports.-- (1) Reports to secretary.--For each year during the term of a loan made under subsection (d), the State or Indian tribe that received the loan shall submit to the Secretary a report describing the State or tribal alternative energy sources program for which the loan was made and the activities conducted under the program using the loan funds during that year. (2) Report to congress.--Not later than September 30 of each year that loans made under subsection (d) are outstanding, the Secretary shall submit a report to the Congress describing the total amount of such loans provided under subsection (d) to each eligible State and Indian tribe during the fiscal year ending on such date, and an evaluation on effectiveness of the Fund. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Fund $5,000,000,000. (h) Definitions.--For purposes of this section, the following definitions shall apply: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given such term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (3) State.--The term ``State'' means each of the several States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, or any other possession of the United States.", "summary": "Energy Conservation Opportunity Fund Act of 2008 or the ECO Fund Act of 2008 - Establishes in the Treasury an Alternative Energy Sources State Revolving Fund. Directs the Secretary of Housing and Urban Development to use amounts in the Fund to provide loans to states and Indian tribes to provide incentives to owners of single family and multifamily housing, commercial properties, and public buildings to provide: (1) renewable energy sources, such as wind, wave, solar, biomass, or geothermal energy, for such structures; (2) energy efficiency and energy conserving improvements and features for such structures; or (3) infrastructure related to the delivery of electricity and hot water for structures lacking such amenities."}
{"article": "SECTION 1. CENTENNIAL CHALLENGE PROGRAM. Title III of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), is amended by adding at the end the following: ``SEC. 316. AUTHORITY FOR COMPETITIVE PRIZE AWARD PROGRAM TO ENCOURAGE DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL TECHNOLOGIES. ``(a) Program Authorized.--The Administrator may carry out a program, known as the Centennial Challenge Program, to award prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of the space and aeronautical activities of the Administration. ``(b) Program Requirements.-- ``(1) Competitive process.--Recipients of prizes under the program under this section shall be selected through one or more competitions conducted by the Administrator. ``(2) Advertisement of competitions.--The Administrator shall widely advertise any competitions conducted under the program. ``(c) Registration; Assumption of Risk.-- ``(1) Registration.--Each potential recipient of a prize in a competition under the program under this section shall register for the competition. ``(2) Assumption of risk.--In registering for a competition under paragraph (1), a potential recipient of a prize shall assume any and all risks, and waive claims against the United States Government and its related entities (including contractors and subcontractors at any tier, suppliers, users, customers, cooperating parties, grantees, investigators, and detailees), for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from participation in the competition, whether such injury, death, damage, or loss arises through negligence or otherwise, except in the case of willful misconduct. ``(d) Budgeting and Awarding of Funds.-- ``(1) Availability of funds.--Any funds appropriated to carry out this section shall remain available until expended, but for not more than 4 fiscal years. ``(2) Deposit and withdrawal of funds.--When a prize is offered, the total amount of funding made available for that prize shall be deposited in the Centennial Challenge Trust Fund. If funding expires before a prize is awarded, the Administrator shall deposit additional funds in the account to ensure the availability of funding for all prizes. If a prize competition expires before its goals are met, the Administrator may redesignate those funds for a new challenge, but any redesignated funds will be considered as newly deposited for the purposes of paragraph (3). All cash awards made under this section shall be paid from that account. ``(3) Overall limit.--The Administrator may not deposit more than $25,000,000 annually in the Centennial Challenge Trust Fund. ``(4) Maximum prize.--No competition under the program may result in the award of more than $1,000,000 in cash prizes without the approval of the Administrator. ``(e) Relationship to Other Authority.--The Administrator may exercise the authority in this section in conjunction with or in addition to any other authority of the Administrator to acquire, support, or stimulate basic and applied research, technology development, or prototype demonstration projects.''. SEC. 2. NATIONAL AERONAUTICS AND SPACE FOUNDATION. Title III of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), as amended by section 1, is amended by adding at the end the following: ``SEC. 317. NATIONAL AERONAUTICS AND SPACE FOUNDATION. ``(a) In General.--There is established a charitable and nonprofit corporation to be known as the National Aeronautics and Space Foundation. ``(b) Purposes.--The purposes of the foundation are-- ``(1) to encourage private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in connection with, NASA, its activities, or its services; and ``(2) to further the public's knowledge of and inspiration by the Earth, the Earth's atmosphere, space, and celestial bodies in space, for current and future generations of Americans. ``(c) Board of Directors.-- ``(1) In general.--The Foundation shall be governed by a board of directors of 6 individuals appointed by the Administrator, in consultation with the chairman and ranking member of the Senate Committee on Commerce, Science, and Transportation and of the House of Representatives Committee on Science. The Administrator shall designate 1 member to serve as chair. ``(2) Term of office.--Each member shall serve for a term of 6 years, except that of the members first appointed to the board-- ``(A) 1 member shall be appointed for a term of 1 year; ``(B) 1 member shall be appointed for a term of 2 years; ``(C) 1 member shall be appointed for a term of 3 years; ``(D) 1 member shall be appointed for a term of 4 years; ``(E) 1 member shall be appointed for a term of 5 years; and ``(F) 1 member shall be appointed for a term of 6 years. ``(3) Vacancies.--An individual appointed to fill a vacancy occurring other than by the expiration of a term shall be appointed for the remainder of the term of the former member the individual succeeds. ``(4) Status.--Membership on the Board shall not be deemed to be an office within the meaning of the statutes of the United States. ``(5) Administrator to serve ex officio.--The Administrator shall be a member of the board ex officio but without the right to vote. ``(6) By-laws.--Upon the appointment and qualification of all members of the board, the board may by majority vote adopt by-laws, adopt an official seal (which shall be judicially recognized), and establish a schedule for meetings and a mechanism for calling non-scheduled meetings. Except as provided in the preceding sentence and unless modified by the Board-- ``(A) a majority of the members serving shall consitute a quorum; and ``(B) the board shall meet at least once each year and at the call of the chair. ``(7) Compensation and expenses.--No compensation shall be paid to the members of the Board for their services as members, but they shall be reimbursed for actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties as such members out of Foundation funds available to the Board for such purposes. ``(d) Powers and Duties.-- ``(1) In general.--Except as otherwise provided in this section, the Foundation shall have the powers of, and be subject to the limitations of, a charitable and nonprofit corporation provided under the laws of the State (or the District of Columbia) in which it is incorporated. ``(2) Perpetual succession; member liability.--The Foundation shall have perpetual succession, with all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name, but the members of the Board shall not be personally liable, except for malfeasance. ``(3) Contracts; grants; other instruments.--The Foundation shall have the power to enter into contracts or grants, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes as approved by the board. ``(4) Gifts; devises; bequests.-- ``(A) In general.--Except as provided in subparagraph (B), the Foundation may accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein for the benefit of or in connection with, NASA, its activities, or its services, including a gift, devise, or bequest that is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of NASA, its activities, or its services. For purposes of this paragraph, an interest in real property includes easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. ``(B) Limitation.--The Foundation may not accept a gift, devise, or bequest which entails any expenditure other than from the resources of the Foundation. ``(e) Tax Status and Functions.-- ``(1) Tax-exempt status of foundation.--The Foundation and any income or property received or owned by it, and all transactions relating to such income or property, shall be exempt from all Federal, State, and local taxation with respect thereto. ``(2) In-lieu-of payments.--The Foundation may, in the discretion of the board-- ``(A) contribute toward the costs of local goverment in amounts not in excess of those which it would be obligated to pay such government if it were not exempt from taxation under paragraph (A) or by virtue of its being a charitable and nonprofit corporation; and ``(B) may contribute with respect to property transferred to it and the income derived therefrom if such agreement is a condition of the transfer. ``(3) Deductibility of contributions to foundation.--Gifts and other transfers made to or for the use of the Foundation shall be regarded as contributions, gifts, or transfers to or for the use of the United States. ``(f) Cooperative Work With NASA.-- ``(1) NASA support contracts.--The Administrator may contract with the Foundation for the performance of its duties and activities in support of the Administration. ``(2) NASA may not accept funds from foundation.--Neither NASA nor any employee thereof may be authorized to accept funds from the Foundation. ``(3) Foundation funding may not supplement appropriated funds activities.--Except as otherwise specifically provided by statute, the Foundation may not obligate or expend funds to directly supplement any program or activity of NASA, or any other Federal agency, for which appropriated funds may be obligated or expended. ``(g) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the National Aeronautics and Space Administration. ``(2) Board.--The term `board' means the board of directors of the Foundation. ``(3) Foundation.--The term `Foundation' means the National Aeronautics and Space Foundation established by subsection (a). ``(4) NASA.--The term `NASA' means the National Aeronautics and Space Administration.''.", "summary": "Amends the National Aeronautics and Space Act of 1958 to: (1) authorize the Administrator of the National Aeronautics and Space Administration (NASA) to carry out a Centennial Challenge Program to award prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of NASA's space and aeronautical activities; and (2) establish a charitable and nonprofit corporation to be known as the National Aeronautics and Space Foundation to encourage private gifts of real and personal property for the benefit of, or in connection with, NASA and to further the public's knowledge of, and inspiration by, the Earth and space."}
{"article": "SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Bankruptcy Fairness and Employee Benefits Protection Act of 2014''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. TITLE I--FAIRNESS FOR EMPLOYEES AND RETIREES IN CORPORATE BANKRUPTCIES Sec. 101. Prohibition of unfair reductions to employee and retiree benefits. Sec. 102. Payment of insurance benefits to retirees. Sec. 103. Fair treatment of compensation. Sec. 104. Venue; change of venue. Sec. 105. Protection of benefits in chapter 9 bankruptcy. Sec. 106. Requirement to make pension contributions. TITLE II--PROTECTION OF EMPLOYEE AND RETIREE HEALTH BENEFITS Sec. 201. Notification of extent to which health benefits can be modified or terminated. Sec. 202. Protection of retirees under certain collectively bargained agreements. Sec. 203. Comptroller General report. TITLE I--FAIRNESS FOR EMPLOYEES AND RETIREES IN CORPORATE BANKRUPTCIES SEC. 101. PROHIBITION OF UNFAIR REDUCTIONS TO EMPLOYEE AND RETIREE BENEFITS. (a) Collective Bargaining Agreements.--Section 1113 of title 11, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1)(A), by striking ``necessary modifications in the employees benefits and protections that are necessary to permit the reorganization of the debtor'' and insert ``minimum modifications in the employees benefits and protections that are necessary to prevent the liquidation of the debtor''; and (B) by adding at the end the following: ``(3)(A) If the proposal made under paragraph (1) provides for a modification of the health insurance benefits of employees of the debtor, the proposal shall provide for a modification of the health insurance benefits of officers and directors of the debtor-- ``(i) to, at a minimum, be comparable to the modification of health insurance benefits of employees of the debtor; and ``(ii) such that the health insurance benefits of officers and directors are not more generous than those of employees of the debtor. ``(B) If the proposal made under paragraph (1) provides for a modification of any benefit of employees of the debtor other than health insurance benefits, including wages and pension benefits, the proposal shall provide for a modification of such benefit of officers and directors of the debtor that is, at a minimum, in an amount equal to the percentage by which such benefit of employees of the debtor was modified.''; (2) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (b)(1)'' and inserting ``paragraphs (1) and (3) of subsection (b)''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following: ``(2) the debtor established by clear and convincing evidence that any modification of the benefits and protections of an employee of the debtor proposed under subsection (b)(1) is the minimum modification necessary to prevent the liquidation of the debtor;''; and (3) by adding at the end the following: ``(g) The rejection of a collective bargaining agreement under this section constitutes a breach of the agreement, and shall entitle employees of the debtor to a claim for damages.''. (b) Health Insurance Benefits of Retired Employees.--Section 1114 of title 11, United States Code, is amended-- (1) in subsection (f)-- (A) in paragraph (1)(A), by striking ``necessary modifications in the retiree benefits that are necessary to permit the reorganization of the debtor'' and insert ``minimum modifications in the retiree benefits that are necessary to prevent the liquidation of the debtor''; and (B) by adding at the end the following: ``(3) If the proposal made under paragraph (1) provides for a modification of the health insurance benefits of retired employees of the debtor, the proposal shall provide for a modification of the health insurance benefits of officers and directors of the debtor-- ``(A) to, at a minimum, be comparable to the modification of health insurance benefits of retired employees of the debtor; and ``(B) such that the health insurance benefits of officers and directors are not more generous than those of retired employees of the debtor.''; and (2) in subsection (g)(3), by striking ``necessary to permit the reorganization of the debtor'' and insert ``the minimum modification necessary to prevent the liquidation of the debtor''. SEC. 102. PAYMENT OF INSURANCE BENEFITS TO RETIREES. (a) In General.--Section 1114(j) of title 11, United States Code, is amended to read as follows: ``(j)(1) No claim for retiree benefits shall be limited by section 502(b)(7). ``(2)(A) A retired employee whose retiree benefits are modified under subsection (e)(1) or (g) shall have a claim in an amount equal to the value of the retiree benefits lost as a result of the modification, which shall be reduced by the amount paid by a debtor under subparagraph (B). ``(B)(i) In accordance with section 1129(a)(13)(B), a debtor shall pay a retired employee with a claim under subparagraph (A)-- ``(I) cash in an amount equal to the 2-year cost of premiums for continuation coverage (as defined in section 602 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162)) for the retired employee under section 602(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(3)); or ``(II) if the retired employee is not eligible for continuation coverage, cash in an amount equal to the 2-year cost of premiums for a comparable health insurance plan offered through a State Exchange, Federally Facilitated Exchange, or Federal-State Partnership Exchange established under the Patient Protection and Affordable Care Act (42 U.S.C. 18001 et seq.). ``(ii) Notwithstanding clause (i), if the court determines it to be in the interest of fairness and equity, the court may require a debtor to pay a retired employee with a claim under subparagraph (A) cash in an amount equal to the cost of premiums for continuation coverage under clause (i)(I) or for a comparable health insurance plan under clause (i)(II) for a period of more than 2 years. ``(iii) The amount paid by a debtor under this subparagraph shall not exceed the amount of the claim under subparagraph (A). ``(C) Any amount of the claim under subparagraph (A) that is not paid under subparagraph (B) shall be a general unsecured claim.''. (b) Confirmation of Plan.--Section 1129(a)(13) of title 11, United States Code, is amended to read as follows: ``(13) The plan provides-- ``(A) for the continuation, after the effective date of the plan, of the payment of all retiree benefits (as defined in section 1114(a)), at the level established pursuant to subsection (e)(1) or (g) of section 1114, at any time before the confirmation of the plan, for the duration of the period the debtor has obligated itself to provide such benefits; and ``(B) that the holder of a claim under section 1114(j)(2)(A) shall receive from the debtor, on the effective date of the plan, cash equal to the amount calculated under section 1114(j)(2)(B).''. SEC. 103. FAIR TREATMENT OF COMPENSATION. (a) Prohibition of Bonus Payments.--Section 503(c) of title 11, United States Code, is amended-- (1) in paragraph (2)(B), by striking ``or'' at the end; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) a bonus payment to an insider of the debtor, including an incentive-based bonus payment; or''. (b) Increased Priority Claim Amount for Employee Wages and Benefits.--Section 507(a) of title 11, United States Code, is amended-- (1) in paragraph (4)-- (A) by striking ``$10,000'' and inserting ``$25,000''; and (B) by striking ``180 days'' and inserting ``1 year''; and (2) in paragraph (5)-- (A) in subparagraph (A), by striking ``180 days'' and inserting ``1 year''; and (B) in subparagraph (B)(i), by striking ``$10,000'' and inserting ``$25,000''. (c) Recovery of Excess Compensation.--Section 547 of title 11, United States Code, is amended by adding at the end the following: ``(j) The court, upon motion of a party in interest, may prohibit a transfer of compensation made to an insider of the debtor within 1 year before the date on which the petition is filed if the court finds, after notice and hearing, that the transfer-- ``(1) was not made in the ordinary course of business; or ``(2) resulted in unjust enrichment.''. SEC. 104. VENUE; CHANGE OF VENUE. Chapter 87 of title 28, United States Code, is amended-- (1) by amending section 1408 to read as follows: ``Sec. 1408. Venue of cases under title 11 ``Except as provided in section 1410, a case under title 11 shall be commenced in the district court for the district in which the largest share of employees, retired employees, physical assets, and operations of the person or entity that is the subject of the case were located in the year immediately preceding the commencement of the case.''; and (2) in section 1412, by striking ``to a district court for another district'' and inserting ``to the district court for the district in which the principal place of business in the United States of the person or entity that is the subject of the case was located in the year immediately preceding the commencement of the case''. SEC. 105. PROTECTION OF BENEFITS IN CHAPTER 9 BANKRUPTCY. Section 901(a) of title 11, United States Code, is amended-- (1) by inserting ``507(a)(4), 507(a)(5),'' after ``507(a)(2)''; (2) by inserting ``1113, 1114,'' after ``1111(b)''; and (3) by inserting ``1129(a)(13),'' after ``1129(a)(10)''. SEC. 106. REQUIREMENT TO MAKE PENSION CONTRIBUTIONS. (a) Requirement To Pay Minimum Funding Contributions.--Subchapter I of chapter 11 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 1117. Duty of debtor in possession to make required pension contributions ``(a) Definitions.--In this section-- ``(1) the term `pension plan' has the meaning given that term under section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002); and ``(2) the term `required pension contributions' means contributions necessary to satisfy the minimum funding standards under sections 412 and 430 of the Internal Revenue Code of 1986 and sections 302 and 303 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082 and 1083), including any required installment contributions. ``(b) Requirement.--A debtor in possession that sponsors a pension plan or is a member of the controlled group with respect to such a plan, or the trustee of the debtor in possession, shall-- ``(1) make all required pension contributions to the pension plan that become due after the filing of the petition; and ``(2) make such contributions on or before the due dates specified in section 430(j) of the Internal Revenue Code and section 303(j) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(j)).''. (b) Treatment as Administrative Expenses.--Section 503(b) of title 11, United States Code, is amended-- (1) in paragraph (8)(B), by striking ``and'' at the end; (2) in paragraph (9), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(10) any required pension contributions under section 1117 due to be made after the filing of the petition that are unpaid.''. (c) Perfection of Statutory Liens for Missed Pension Contributions.--Section 362(b) of title 11, United States Code, is amended-- (1) in paragraph (27), by striking ``and'' at the end; (2) in paragraph (28), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(29) under subsection (a), of any act to perfect, or to maintain or continue the perfection of, a statutory lien imposed by section 430(k) of the Internal Revenue Code of 1986 or section 303(k) of the Employee Retirement Income Security Act (29 U.S.C. 1083(k)) (which shall not be voidable under section 545 of this title), for failure to make contribution payments required under those sections, without regard to whether such contributions became due or whether such lien arose before or after the filing of the petition.''. TITLE II--PROTECTION OF EMPLOYEE AND RETIREE HEALTH BENEFITS SEC. 201. NOTIFICATION OF EXTENT TO WHICH HEALTH BENEFITS CAN BE MODIFIED OR TERMINATED. (a) Inclusion in Summary Plan Description.--Section 102(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) is amended by inserting ``; in the case of a group health plan (as so defined), whether the provisions of the plan permit the plan sponsor or any employer participating in the plan to unilaterally modify or terminate the benefits under the plan with respect to employees, retired employees, and beneficiaries, and when and to what extent benefits under the plan are fully vested with respect to employees, retired employees, and beneficiaries'' after ``the name and address of such issuer''. (b) Presumption That Retired Employee Health Benefits Cannot Be Modified or Terminated.--Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following new subsection: ``(n) In the case of a suit brought under this title by a participant or beneficiary relating to benefits of a retired employee or the dependents of a retired employee under a group health plan (as defined in section 733(a)(1)), the presumption for purposes of such suit shall be that as of the date an employee retires or completes 20 years of service with the employer, benefits available under the plan during retirement of the employee are fully vested and cannot be modified or terminated for the life of the employee or, if longer, the life of the employee's spouse. This presumption can be overcome only upon a showing, by clear and convincing evidence, that the terms of the group health plan allow for a modification or termination of benefits available under the plan and that the employee, prior to becoming a participant in the plan, was made aware, in clear and unambiguous terms, that the plan allowed for such modification or termination of benefits.''. SEC. 202. PROTECTION OF RETIREES UNDER CERTAIN COLLECTIVELY BARGAINED AGREEMENTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) It shall be an unfair labor practice for any labor organization and any employer to enter into any contract or agreement, express or implied, whereby the organization and employer agree to modify the terms of any previous agreement in a manner that would result in a reduction or termination of retiree health insurance benefits provided to an employee or a dependent of an employee under the previous agreement, if such modification of the terms of the previous agreement occurs after the date on which the employee retires.''. SEC. 203. COMPTROLLER GENERAL REPORT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the strategies that corporations use to avoid obligations to pay promised employee and retiree benefits. (b) Contents.--The report under subsection (a) shall include a discussion of-- (1) the use of spin-offs, mergers, subsidiaries, bankruptcies, asset sales, and other strategies to avoid obligations to pay promised employee and retiree benefits; (2) the impact of such avoidance on the financial, physical, and mental well-being of employees and retirees; (3) the impact on Federal and State budgets when employers terminate or reduce the benefits of employees and retirees, including the costs that are incurred when employees and retirees seek assistance from Federal and State government programs and services as a result of the termination or reduction of their employment-related benefits; and (4) recommendations to prevent corporations from evading contractual obligations to pay employee and retiree benefits.", "summary": "Bankruptcy Fairness and Employee Benefits Protection Act of 2014 - Amends federal bankruptcy law to require the debtor in possession, prior to filing an application seeking rejection of a collective bargaining agreement, to propose only those minimum modifications to employee and retiree benefits and protections (including health insurance) that are necessary to prevent liquidation of the debtor. Requires a proposal which modifies employee or retired employee health insurance benefits to modify also the health insurance benefits of the debtor's officers and directors so that their benefits are not more generous than those of debtor's employees. Requires a proposal which modifies other employee benefits, including wages and pension benefits, also to modify such benefits of the debtor's officers and directors by an amount that, at a minimum, is equal to the percentage by which the employees' benefits are modified. Conditions court approval of an application for rejection of a collective bargaining agreement upon a finding that the debtor has established by clear and convincing evidence that modification of employee benefits and protections is the minimum modification necessary to prevent the debtor's liquidation. Declares that rejection of a collective bargaining agreement constitutes a breach of the agreement that entitles debtor's employees to a claim for damages. Grants any retirees whose benefits are modified by a court according to certain procedures a claim equal to the value of benefits lost as a result of the modification. Requires a debtor to pay cash to a retired employee making a claim in an amount equal to the two-year cost of premiums for: (1) continuation coverage; or (2) a comparable health insurance plan offered through a health care exchange established under the Patient Protection and Affordable Care Act. Authorizes the court to require the debtor to pay such retiree claim in an amount equal to the cost of premiums for continuation of coverage, or for such a health insurance plan, for more than two years. Prohibits allowance or payment of a bonus payment to an insider of the debtor, including an incentive-based bonus payment. Increases the priority claim amount for employee wages and benefits. Authorizes the court to prohibit a transfer of compensation made to an insider of the debtor within one year before the petition is filed if it finds that the transfer: (1) was not made in the ordinary course of business, or (2) resulted in unjust enrichment. Amends the Judicial Code to require that a case under bankruptcy law be commenced in the district court for the district in which the largest share of employees, retired employees, physical assets, and operations of the person or entity that is the subject of the case were located in the year immediately preceding commencement of the case. Requires a debtor in possession that sponsors a pension plan or is a member of the controlled group with respect to such a plan, or the trustee of the debtor in possession, to make all required pension contributions that fall due after filing the petition in bankruptcy. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the mandatory summary description of a group health plan to declare: (1) whether the plan permits either the plan sponsor or any participating employer to unilaterally modify or terminate plan benefits affecting employees, retirees, and beneficiaries; and (2) when and to what extent plan benefits are fully vested with respect to these individuals. Presumes that retiree health benefits cannot be modified or terminated as of the date an employee retires or completes 20 years of service with the employer. Allows this presumption to be overcome only upon a showing, by clear and convincing evidence, that the employee, before becoming a plan participant, was made aware, in clear and unambiguous terms, that the plan allowed for such a modification or termination of benefits. Amends the National Labor Relations Act to make it an unfair labor practice for a labor organization and employer to enter into a contract or agreement to modify a previous agreement in a manner that results in a reduction or termination of retiree health insurance benefits, if the modification occurs after the retiree's retirement date. Directs the Comptroller General (GAO) to report to Congress on strategies used by corporations to avoid obligations to pay promised employee and retiree benefits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Nuclear Security Initiative Act of 2002''. SEC. 2. SECURITY OF NUCLEAR MATERIALS AND FACILITIES WORLDWIDE. (a) Sense of Congress on Program To Secure Stockpiles of Highly Enriched Uranium and Plutonium.--(1) It is the sense of Congress that the Secretary of Energy, in consultation with the Secretary of State and Secretary of Defense, should develop a comprehensive program of activities to encourage all countries with nuclear materials to adhere to, or to adopt standards equivalent to, the International Atomic Energy Agency standard on The Physical Protection of Nuclear Material and Nuclear Facilities (INFCIRC/225/Rev.4), relating to the security of stockpiles of highly enriched uranium (HEU) and plutonium (Pu). (2) To the maximum extent practicable, the program should be developed in consultation with the Russian Federation, other Group of 8 countries, and other allies of the United States. (3) Activities under the program may include specific, targeted incentives intended to encourage countries that cannot undertake the expense of conforming to the standard referred to in paragraph (1) to relinquish their highly enriched uranium or plutonium, including incentives in which a country, group of countries, or international body-- (A) purchases such materials and provides for their security (including by removal to another location); (B) undertakes the costs of decommissioning facilities that house such materials; (C) in the case of research reactors, converts such reactors to low-enriched uranium reactors; or (D) upgrades the security of facilities that house such materials in order to meet stringent security standards that are established for purposes of the program based upon agreed best practices. (b) Study of Program To Secure Certain Radiological Materials.--(1) The Secretary of Energy, acting through the Administrator for Nuclear Security, shall require the Office of International Materials Protection, Control, and Accounting of the Department of Energy to conduct a study to determine the feasibility and advisability of developing a program to secure radiological materials outside the United States that pose a threat to the national security of the United States. (2) The study under paragraph (1) shall include the following: (A) An identification of the categories of radiological materials that are covered by that paragraph, including an order of priority for securing each category of such radiological materials. (B) An estimate of the number of sites at which such radiological materials are present. (C) An assessment of the effort required to secure such radiological materials at such sites, including-- (i) a description of the security upgrades, if any, that are required at such sites; (ii) an assessment of the costs of securing such radiological materials at such sites; (iii) a description of any cost-sharing arrangements to defray such costs; (iv) a description of any legal impediments to such effort, including a description of means of overcoming such impediments; and (v) a description of the coordination required for such effort among appropriate United States Government entities (including the Nuclear Regulatory Commission), participating countries, and international bodies (including the International Atomic Energy Agency). (D) A description of the pilot project undertaken in Russia. (3) In identifying categories of radiological materials under paragraph (2)(A), the Secretary shall take into account matters relating to specific activity, half-life, radiation type and energy, attainability, difficulty of handling, and toxicity, and such other matters as the Secretary considers appropriate. (4) Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under this subsection. The report shall include the matters specified under paragraph (2) and such other matters, including recommendations, as the Secretary considers appropriate as a result of the study. (5) In this subsection, the term ``radiological material'' means any radioactive material, other than plutonium or uranium enriched above 20 percent uranium-235. (c) Study of Actions To Address Terrorist Threat to Nuclear Power Plants Outside the United States.--(1) The Secretary of Energy shall, in consultation with the Nuclear Regulatory Commission and the International Atomic Energy Agency, conduct a study of the feasibility and advisability of various actions to reduce the risks associated with terrorist attacks on nuclear power plants outside the United States. (2) Not later than nine months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study under paragraph (1). The report shall include the following: (A) A description of the actions studied. (B) An assessment of the feasibility and advisability of undertaking one or more such actions. (C) Any other matters, including recommendations, that the Secretary considers appropriate. (d) Amendment of Convention on Physical Protection of Nuclear Materials.--(1) It is the sense of Congress that the President should encourage amendment of the Convention on the Physical Protection of Nuclear Materials in order to provide that the Convention shall-- (A) apply to both the domestic and international use and transport of nuclear materials; (B) incorporate fundamental practices for the physical protection of such materials; and (C) address protection against sabotage involving nuclear materials. (2) In this subsection, the term ``Convention on the Physical Protection of Nuclear Materials'' means the Convention on the Physical Protection of Nuclear Materials, With Annex, done at Vienna on October 26, 1979.", "summary": "Global Nuclear Security Initiative Act of 2002 - Expresses the sense of Congress that the Secretary of Energy should develop a comprehensive program of activities to encourage all countries with nuclear materials to adhere to, or adopt standards equivalent to, the International Atomic Energy Agency standard on the Physical Protection of Nuclear Material and Nuclear Facilities relating to the security of stockpiles of highly enriched uranium and plutonium. Directs the Secretary to require the Office of International Materials Protection, Control, and Accounting of the Department of Energy to conduct a study of the feasibility and advisability of developing a program to secure radiological materials outside the United States that pose a threat to U.S. national security. Requires the Secretary to report to Congress on: (1) such study's results; and (2) results of a study by the Secretary of the feasibility and advisability of various actions to reduce the risks associated with terrorist attacks on nuclear power plants outside the United States.Expresses the sense of Congress that the President should encourage amendment of the Convention on the Physical Protection of Nuclear Materials to make it: (1) apply to both domestic and international use and transport of nuclear materials; (2) incorporate fundamental practices for the physical protection of such materials; and (3) address protection against sabotage involving nuclear materials."}
{"article": "SECTION 1. URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND. (a) Expenditures Beginning October 1, 1999.--Notwithstanding any other law, beginning on October 1, 1999, the Secretary of Energy may expend amounts collected under subsections (c) and (d) of section 1802 of the Atomic Energy Act of 1954 (42 U.S.C. section 2297g-1 (c), (d)) for the purposes set forth in subsections (b) and (c) of section 1803 of such Act (42 U.S.C. 2297g-2 (b), (c)) without further appropriation and without fiscal year limitation. (b) Expenditures Beginning October 1, 2008.--Notwithstanding any other law, beginning October 1, 2008, the Secretary of Energy may expend amounts in the fund established by section 1801 of the Atomic Energy Act of 1954 (42 U.S.C. 2297g) for the purposes set forth in subsections (b) and (c) of section 1803 of such Act (42 U.S.C. section 2297g-1 (c), (d)) without further appropriation and without fiscal year limitation but subject to limitations that may be included in appropriations Acts. SEC. 2. ALLOCATION OF FUNDS. (a) In General.--The funds referred to in section 1 shall be allocated to each decontamination and decommissioning program of the 3 gaseous diffusion plants in, Portsmouth, Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee, proportional to the total number of Separative Work Units processed at each such site. Such units shall be calculated as of the date of enactment of this Act. The Secretary of Energy shall report the allocation to Congress within 60 days of such date of enactment. (b) Advance Notification of Termination of Lease.--Upon receiving advance notification that the United States Enrichment Corporation, or its affiliates, is terminating all or part of its lease with the Department of Energy at the gaseous diffusion plant at Portsmouth, Ohio, or Paducah, Kentucky, the Department of Energy shall notify local and State officials, the congressional delegation, employee representatives, and community reuse organizations (if any). (c) Decontamination and Decommissioning Program.--If such a lease is terminated, in whole or in part, the Department of Energy shall, within 60 days, make a determination whether it will lease the facility involved in the lease to a successor entity, operate the facility as a government enterprise, operate the facility on standby, or close all or part of the operations of the facility. In the event that the Department of Energy determines that it will no longer operate or lease all or part of a gaseous diffusion plant, the Department of Energy shall immediately initiate a decontamination and decommissioning program. Within 30 days of such decision, the Department of Energy shall immediately commence all required environmental reviews, including compliance with the National Environmental Policy Act of 1969. (d) Report.--The Secretary of Energy shall transmit to Congress a decontamination and decommissioning program for the Portsmouth, Ohio and Paducah, Kentucky, gaseous diffusion plants no later than 180 days after the date a decision has been made to close all or part of one of the gaseous diffusion plants. SEC. 3. PORTSMOUTH AND PADUCAH OPERATIONS OFFICE. (a) In General.--The Department of Energy shall establish, not later than March 30, 2000, a Portsmouth and Paducah Operations Office. The office shall manage the environmental restoration, nuclear energy, and uranium enrichment program activities at such 2 sites. The office shall be provided with budget authority and contracting authority over existing contracts and authority to award new contracts. The office shall manage and direct, among other projects, the depleted uranium hexafluoride conversion program and decontamination and decommissioning program. The office shall also have its own capacity to perform environmental, safety, health, and financal oversight. (b) Plan.--The Department shall submit, not later than 60 days after the date of enactment of this Act, a plan for establishing the Portsmouth and Paducah Operations Office. The plan shall describe actions required to transfer functions from the Oak Ridge Operations Office to the Portsmouth and Paducah Operations Office. The plan shall outline the personnel transfers, full-time equivalent requirements, budget requirements, physical space requirements, and identify the source of funds to accomplish the transfer of personnel, documents, and support systems. The plan shall include the provision for legal counsel and chief financial officer and describe the reporting relationships to the Headquarters Program Office. The plan shall detail which Operations Office functions shall be located at the Portsmouth Plant Area Office versus the Paducah Plant Area Office. (c) President's Budget.--The President's Budget request for fiscal year 2001 and for each fiscal year thereafter shall include funding for the Portsmouth and Paducah Operations Office as a separate line item from the Oak Ridge Operations Office budget. SEC. 4. CLOSURE OF GASEOUS DIFFUSION PLANT. The Department of Energy shall minimize the social and economic impacts of any decisions related to the closure of all or part of a gaseous diffusion plant at Portsmouth, Ohio, or Paducah, Kentucky. As part of this effort, all contracts and subcontracts for safe shutdown, deactivation, decontamination, and decommissioning work at such Department of Energy's gaseous diffusion plants shall include requirements that-- (1) consistent with site seniority practices, contractors and subcontractors of all tiers directly provide a continuing right of first refusal for available work to gaseous diffusion plant employees and Department of Energy contractor employees who were employed on the date of enactment of this Act and are displaced or facing displacement and are qualified or can qualify with a reasonable amount of training; (2) contractors and subcontractors provide requisite training and retraining for incumbent employees not to exceed $10,000 per worker, excluding wages and time spent in training; (3) pay wages and benefits not less than wages and fringes provided under the Service Contract Act of 1965, and provide pension and retiree health care benefit continuity using the Multiple Employer Pension Plan now in place at the Portsmouth, Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee sites or an equivalent instrument; (4) comply with the workforce restructuring plan promulgated by the Department of Energy pursuant to section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h); and (5) suits alleging violations of this section may be brought in any district court of the United States having jurisdiction over the parties, without regard to the amount in controversy or citizenship of the parties.", "summary": "(Sec. 2) Mandates allocation of such funds to each decontamination and decommissioning program of the gaseous diffusion plants in Portsmouth, Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee, proportional to the total number of Separative Work Units processed at each site. Sets forth procedural guidelines for possible termination by the United States Enrichment Corporation of its lease with the Department of Energy (DOE). Instructs the Secretary to transmit a decontamination and decommissioning program for the Portsmouth, Ohio, and Paducah, Kentucky, gaseous diffusion plants after the date a decision has been made to close all or part of one of the gaseous diffusion plants. (Sec. 3) Directs DOE to establish a Portsmouth and Paducah Operations Office to manage environmental restoration, nuclear energy, and uranium enrichment program activities. Mandates that the President's Budget request for FY2001 and for each fiscal year thereafter include funding for such Office as a separate line item from the Oak Ridge Operations Office budget. (Sec. 4) Sets forth closure requirements to minimize social and economic impacts relating to partial or total closures of the Portsmouth, Ohio, and Paducah, Kentucky, gaseous diffusion plants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Health Insurance Portability Protection Act of 1997''. SEC. 2. APPLYING HEALTH INSURANCE PORTABILITY PROTECTIONS TO STUDENTS UNDER COLLEGE-SPONSORED HEALTH PLANS. (a) In General.--Title XXVII of the Public Health Service Act, as added by section 102(a) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), is amended by inserting after section 2723 the following new section: ``SEC. 2724. APPLICATION OF PORTABILITY PROTECTIONS TO STUDENTS UNDER COLLEGE-SPONSORED HEALTH PLANS. ``(a) In General.--Subject to the succeeding provisions of this section, the provisions of subpart 1 shall apply to health insurance coverage offered in connection with a college-sponsored health plan (as defined in subsection (b)) in the same manner as they apply to health insurance coverage offered in connection with a group health plan. ``(b) College-Sponsored Health Plan Defined.--For purposes of this section, the term `college-sponsored health plan' means health benefits offered by or through an institution of higher education (as defined in section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a))) in relation to students at the institution, but does not include benefits offered to such a student as a participant or beneficiary in a group health plan. ``(c) Application of Exceptions, Enforcement, Preemption; Definitions.--In applying subsection (a)-- ``(1) subject to paragraph (2), the previous provisions of this subpart shall apply in relation to such subsection in the same manner as they apply in relation to subpart 1; and ``(2) in applying the other provisions of this title under this section-- ``(A) any reference in such provisions to a group health plan is deemed a reference to a college- sponsored health plan; ``(B) any reference in such provisions to a participant or beneficiary in a group health plan is deemed a reference to an enrollee in a college- sponsored health plan; and ``(C) any reference in such provisions to an employee in relation to the group health plan is deemed a reference to a student in relation to the college- sponsored health plan.''. (b) Clarification of Coverage Under College-Sponsored Health Plan as Creditable Coverage.-- (1) Amendment to public health service act.--Section 2701(c)(1)(B) of the Public Health Service Act (42 U.S.C. 300gg(c)(1)(B)) is amended by inserting ``(including such coverage under a college-sponsored health plan, as defined in section 2724(b))'' after ``coverage''. (2) Amendment to employee retirement income security act of 1974.--Section 701(c)(1)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(1)(B)) is amended by inserting ``(including such coverage under a college-sponsored health plan, as defined in section 2724(b) of the Public Health Service Act)'' after ``coverage''. (3) Amendment to the internal revenue code of 1986.-- Section 9801(c)(1)(B) of the Internal Revenue Code of 1986 is amended by inserting ``(including such coverage under a college-sponsored health plan, as defined in section 2724(b) of the Public Health Service Act)'' after ``coverage''. (c) Effective Date; Transition.-- (1) Effective date.--The amendment made by subsection (a) shall apply to coverage under college-sponsored health plans for students matriculating or enrolling for periods beginning on or after August 1, 1997, and the amendments made by subsection (b) shall be effective as if included in the enactment of the corresponding provisions in the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (2) Crediting permitted for certain previous coverage.-- Creditable coverage occurring on or after July 1, 1996, shall be taken into account in applying section 2724(a) of the Public Health Service Act. (3) Certifications, etc.--Insofar as the certification requirements of section 2743 of the Public Health Service Act are not otherwise applicable to health insurance coverage under a college-sponsored health plan (as defined in subsection (b) of section 2724 of such Act), subsection (e) of section 2701 of the Public Health Service Act shall apply (as incorporated under subsection (a) of such section 2724) to the issuer of such coverage with respect to events occurring after April 7, 1997; but in no case is a certification required to be provided under such section 2724 pursuant to such subsection (e) before 60 days after the date of the enactment of this Act.", "summary": "Student Health Insurance Portability Protection Act of 1997 - Amends the Public Health Service Act to apply health insurance portability, access, and renewability requirements to coverage offered in connection with a college-sponsored health plan as they apply to a group health plan. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to include coverage under a college-sponsored plan in the definition of \"creditable coverage.\""}
{"article": "SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN HEALTH. (a) Definitions.--In this section: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary for Indian Health appointed under subsection (b)(2)(A). (2) Department.--The term ``Department'' means the Department of Health and Human Services. (3) Office.--The term ``Office'' means the Office of the Assistant Secretary for Indian Health established by subsection (b)(1). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Establishment.-- (1) In general.--There is established within the Department the Office of the Assistant Secretary for Indian Health. (2) Assistant secretary.-- (A) In general.--Except as provided in subparagraph (B), the Office shall be headed by an Assistant Secretary for Indian Health, to be appointed by the President, by and with the advice and consent of the Senate. (B) Continued service by incumbent.--The individual serving in the position of Director of the Indian Health Service on the day before the date of enactment of this Act may serve as Assistant Secretary at the pleasure of the President after the date of enactment of this Act. (3) Duties.--The position of Assistant Secretary is established to, in a manner consistent with the government-to- government relationship between the United States and Indian tribes-- (A) facilitate advocacy for the development of appropriate Indian health policy; and (B) promote consultation on matters relating to Indian health. (c) Assistant Secretary for Indian Health.--In addition to the functions performed as of the date of enactment of this Act by the Director of the Indian Health Service, the Assistant Secretary shall-- (1) report directly to the Secretary concerning all policy- and budget-related matters affecting Indian health; (2) collaborate with the Assistant Secretary for Health concerning appropriate matters of Indian health that affect the agencies of the Public Health Service; (3) advise each Assistant Secretary of the Department concerning matters of Indian health with respect to which that Assistant Secretary has authority and responsibility; (4) advise the heads of other agencies and programs of the Department concerning matters of Indian health with respect to which those heads have authority and responsibility; (5) coordinate the activities of the Department concerning matters of Indian health; and (6) perform such other functions as the Secretary may designate. (d) Rate of Pay.-- (1) Positions at level iv.--Section 5315 of title 5, United States Code, is amended by striking ``Assistant Secretaries of Health and Human Services (6).'' and inserting ``Assistant Secretaries of Health and Human Services (7).''. (2) Positions at level v.--Section 5316 of title 5, United States Code, is amended by striking ``Director, Indian Health Service, Department of Health and Human Services.''. (e) Duties of Assistant Secretary for Indian Health.--Section 601 of the Indian Health Care Improvement Act (25 U.S.C. 1661) is amended by striking the section heading and all that follows through subsection (a) and inserting the following: ``SEC. 601. ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS AN AGENCY OF THE PUBLIC HEALTH SERVICE. ``(a) Establishment.-- ``(1) In general.--In order to more effectively and efficiently carry out the responsibilities, authorities, and functions of the United States to provide health care services to Indians and Indian tribes, there is established within the Public Health Service of the Department of Health and Human Services the Indian Health Service. ``(2) Administration.--The Indian Health Service shall be administered by the Assistant Secretary for Indian Health. ``(3) Duties.--In carrying out paragraph (2), the Assistant Secretary shall-- ``(A) report directly to the Secretary concerning all policy- and budget-related matters affecting Indian health; ``(B) collaborate with the Assistant Secretary for Health concerning appropriate matters of Indian health that affect the agencies of the Public Health Service; ``(C) advise each Assistant Secretary of the Department of Health and Human Services concerning matters of Indian health with respect to which that Assistant Secretary has authority and responsibility; ``(D) advise the heads of other agencies and programs of the Department of Health and Human Services concerning matters of Indian health with respect to which those heads have authority and responsibility; ``(E) coordinate the activities of the Department of Health and Human Services concerning matters of Indian health; and ``(F) perform such other functions as the Secretary may designate.''. (f) Conforming Amendments.-- (1) Amendments to indian health care improvement act.--The Indian Health Care Improvement Act is amended-- (A) in section 601 (25 U.S.C. 1661)-- (i) in subsection (c), by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''; and (ii) in subsection (d)(1), by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''; and (B) in section 816(c)(1) (25 U.S.C. 1680f(c)(1)), by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (2) Amendments to other provisions of law.-- (A) Section 3307(b)(1)(C) of the Children's Health Act of 2000 (25 U.S.C. 1671 note; Public Law 106-310) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (B) The Indian Lands Open Dump Cleanup Act of 1994 is amended-- (i) in section 3 (25 U.S.C. 3902)-- (I) by striking paragraph (2); (II) by redesignating paragraphs (1), (3), (4), (5), and (6) as paragraphs (4), (5), (2), (6), and (1), respectively, and moving those paragraphs so as to appear in numerical order; and (III) by inserting before paragraph (4) (as redesignated by subclause (II)) the following: ``(3) Assistant secretary.--The term `Assistant Secretary' means the Assistant Secretary for Indian Health.''; (ii) in section 5 (25 U.S.C. 3904), by striking the section heading and inserting the following: ``SEC. 5. AUTHORITY OF ASSISTANT SECRETARY FOR INDIAN HEALTH.''; (iii) in section 6(a) (25 U.S.C. 3905(a)), in the subsection heading, by striking ``Director'' and inserting ``Assistant Secretary''; (iv) in section 9(a) (25 U.S.C. 3908(a)), in the subsection heading, by striking ``Director'' and inserting ``Assistant Secretary''; and (v) by striking ``Director'' each place it appears and inserting ``Assistant Secretary''. (C) Section 5504(d)(2) of the Augustus F. Hawkins- Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (25 U.S.C. 2001 note; Public Law 100-297) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (D) Section 203(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 763(a)(1)) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (E) Subsections (b) and (e) of section 518 of the Federal Water Pollution Control Act (33 U.S.C. 1377) are amended by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''. (F) Section 317M(b) of the Public Health Service Act (42 U.S.C. 247b-14(b)) is amended-- (i) by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''; and (ii) in paragraph (2)(A), by striking ``the Directors referred to in such paragraph'' and inserting ``the Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Indian Health''. (G) Section 417C(b) of the Public Health Service Act (42 U.S.C. 285-9(b)) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (H) Section 1452(i) of the Safe Drinking Water Act (42 U.S.C. 300j-12(i)) is amended by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''. (I) Section 803B(d)(1) of the Native American Programs Act of 1974 (42 U.S.C. 2991b-2(d)(1)) is amended in the last sentence by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (J) Section 203(b) of the Michigan Indian Land Claims Settlement Act (Public Law 105-143; 111 Stat. 2666) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (g) References.--Any reference to the Director of the Indian Health Service in any other Federal law, Executive order, rule, regulation, or delegation of authority, or in any document of or relating to the Director of the Indian Health Service, shall be deemed to refer to the Assistant Secretary. Passed the Senate July 16, 2003. Attest: EMILY J. REYNOLDS, Secretary.", "summary": "Establishes within the Department of Health and Human Services (HHS) the Office of the Assistant Secretary for Indian Health to facilitate advocacy for the development of appropriate Indian health policy, and promote consultation on matters related to Indian health, in a manner consistent with the government-to-government relationship between the United States and Indian tribes. Elevates the position of Director of the Indian Health Service to such Assistant Secretary position. Makes the Indian Health Service an agency of the Public Health Service."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Bureau of Investigation First Amendment Protection Act of 1993''. SEC. 2. INVESTIGATION AUTHORIZATION AND INVESTIGATION STANDARDS. (a) In General.--Except as provided in section 7, the Federal Bureau of Investigation (hereinafter in this Act referred to as the ``Bureau'') shall not initiate or conduct any investigation that may involve the collection of information about the exercise by a United States person of first amendment rights (hereinafter in this Act referred to as an ``investigation covered by this Act''), other than in accordance with the limitations and requirements established by and under this Act. (b) Guidelines by Attorney General.--The Attorney General shall issue publicly available guidelines for investigations covered by this Act. Such guidelines shall implement this Act. SEC. 3. INVESTIGATION AUTHORIZATION PROCEDURES. (a) Requirement of Finding by Director.-- (1) In general.--Except as provided in subsection (c), the Bureau shall not initiate an investigation covered by this Act, unless the Director of the Bureau, or the Director's designee, finds in writing that-- (A) specific and articulable facts reasonably indicate that the subject of the investigation has engaged, is engaging, or is about to engage in a Federal criminal offense; and (B) that the investigation is warranted, taking into consideration the magnitude of the suspected criminal offense, the likelihood it would occur, and the danger to privacy and the exercise of first amendment rights. (2) Citation of Law.--Such finding shall include a citation of the specific section of law establishing the criminal offense. (b) Special Rule if Organization is Target.--If such investigation is directed at an organization engaging in the exercise of rights under the first article of amendment to the Federal Constitution, such finding must also set forth specific and articulable facts reasonably indicating that all or most of the members of the organization have engaged, are engaging, or are about to engage in a Federal criminal offense. (c) Exception.--Employees of the Bureau, designated for this purpose by the Director of the Bureau, may initiate an investigation without a finding under subsection (a) if exigent circumstances so require. However, an investigation initiated under this subsection must cease not later than 7 days after the date it is initiated, unless a finding of the sort required under subsection (a) is made. SEC. 4. INVESTIGATIVE STANDARDS. (a) Least Intrusive Techniques and Minimization Procedures to be Used.--In the conduct of any investigation covered by this Act, the Bureau shall-- (1) seek to gather only information relevant to Federal criminal offenses; (2) employ the least intrusive techniques available to gather information; and (3) follow procedures to minimize the acquisition, retention, or dissemination of any information relating to the exercise of first amendment rights or individual privacy. (b) Disposition of Certain Records.--Except as provided in this subsection, the Bureau shall not disseminate or use any record, identifiable to a United States person, resulting from any investigation prohibited by this Act. The Bureau shall allow the person to which such record relates to examine that record. (c) Periodic Review of Investigations.--An Assistant Director of the Bureau shall at least once every 90 days, and the Department of Justice shall at least once every 180 days, review each open investigation covered by this Act. Such review shall assure that-- (1) there is a continuing basis for the investigation; and (2) the requirements of this section are being met with respect to such investigation. SEC. 5. CIVIL REMEDY. Any person aggrieved by a violation of this Act may in a civil action against the United States recover appropriate relief, including whichever is the greater of actual damages or $10,000. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) first amendment rights include any right protected under the first article of amendment to the Constitution of the United States; (2) the Bureau includes each agent or other person or entity acting under authority of the Bureau; and (3) the term ``United States person'' has the meaning given that term in section 1801 of title 50, United States Code. SEC. 7. NONAPPLICABILITY TO BACKGROUND INVESTIGATIONS. This Act does not apply to background investigations conducted with the consent of the subject regarding-- (1) nominees to judicial and executive branch positions requiring the advice and consent of the Senate; (2) employees of the Department of Justice, or any component thereof; or (3) the granting or retention of security clearances.", "summary": "Federal Bureau of Investigation First Amendment Protection Act of 1993 - Prohibits the Federal Bureau of Investigation from conducting any investigation that may involve the collection of information about the exercise by a U.S. person of first amendment rights, except in conformance with specified procedures and standards."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Savings and Employee Notification Act of 2003''. SEC. 2. REPEAL TAX BENEFITS RELATING TO COMPANY-OWNED LIFE INSURANCE. (a) Inclusion of Life Insurance Investment Gains.--Section 72 of the Internal Revenue Code of 1986 (relating to annuities; certain proceeds of endowment and life insurance contracts) is amended by inserting after subsection (j) the following new subsection: ``(k) Treatment of Nonqualified Company-Owned Life Insurance Contracts.-- ``(1) In general.--In the case of a nonqualified company- owned life insurance contract, the income on the contract (as determined under section 7702(g)) for any taxable year shall be includible in gross income for such year. ``(2) Nonqualified company-owned life insurance contract.-- For the purposes of paragraph (1)-- ``(A) In general.--The term `nonqualified company- owned life insurance contract' means any life insurance policy or endowment contract held by any entity engaged in a trade or business. ``(B) Exceptions.--Such term shall not include-- ``(i) any policy or contract covering the life solely of individuals who are key persons (as defined in section 264(e)(3)), ``(ii) any contract which is acquired by the estate of a decedent by reason of the death of the decedent, ``(iii) any contract which is held under a plan described in section 401(a) or 403(a), under a program described in section 403(b), or under an individual retirement plan, ``(iv) any contract which is a qualified funding asset (as defined in section 130(d), but without regard to whether there is a qualified assignment), and ``(v) any contract which is purchased by an employer upon the termination of a plan described in section 401(a) or 403(a) and is held by the employer until all amounts under such contract are distributed to the employee for whom such contract was purchased or the employee's beneficiary. ``(C) Contracts held by natural persons, partnerships, and s corporations.--Rules similar to the rules of section 264(f)(5) shall apply.''. (b) Repeal of Exclusion for Death Benefits.--Section 101 of such Code (relating to certain death benefits) is amended by adding at the end the following new subsection: ``(j) Proceeds of Nonqualified Company-Owned Life Insurance.-- Notwithstanding any other provision of this section, there shall be included in gross income amounts received under a nonqualified company- owned life insurance contract (as defined in section 72(k)) to the extent that such amounts exceed the sum of-- ``(1) the income on the contract (as determined under section 7702(g)) which as been previously included in income, plus ``(2) the premiums paid (as defined in section 7702(f)(1)) under the contract. Amounts included in gross income under the preceding sentence shall be so included under section 72.''. (c) Information Reporting.--Section 6047 of such Code (relating to information relating to certain trusts and annuity plans) is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Nonqualified Company-Owned Life Insurance Contracts.--The Secretary shall require the issuer of nonqualified company-owned life insurance contracts to make such returns and reports regarding such contracts (as defined in section 72(k)) to the Secretary, beneficiaries of such contracts, and such other persons as the Secretary may prescribe.''. (d) Reduction in Public Debt.--The increase in Federal receipts in the United States Treasury by reason of the amendments made by this section shall be used solely for reduction of the public debt and for such purpose the Secretary of the Treasury shall deposit an amount equal to such receipts in the account established under section 3113 of title 31, United States Code. (e) Effective Date.--The amendments made by this section shall apply to contracts entered into after the date of the enactment of this Act. SEC. 3. DISCLOSURE. (a) In General.--Not later than 60 days before the date of purchase of a nonqualified company-owned life insurance contract (as defined by section 72(k) of the Internal Revenue Code of 1986) by an entity on one or more of its employees, the entity shall provide to each such employee a written disclosure that shall contain the following information: (1) A statement that the company plans to purchase such contract on the life of the employee. (2) The identity of the insurance carrier with respect to such contract. (3) The amount of the benefit under such contract. (4) The name of the beneficiary under such contract. (b) Objection to Purchase of Contract.--If such employee notifies such entity in writing before the date of purchase of such contract that the employee objects to the purchase, then the entity shall not purchase the contract. (c) Enforcement.-- (1) Unfair or deceptive act or practice.--A violation of either subsection (a) or (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Actions by the federal trade commission.--The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (d) Effective Date.--This section shall apply to contracts entered into after the date of the enactment of this Act. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to affect any case in controversy, or any investigation by the Secretary of the Treasury, relating to any leveraged company-owned life insurance contract entered into on or before the date of the enactment of this Act.", "summary": "Taxpayer Savings and Employee Notification Act of 2003 - Amends the Internal Revenue Code to include in gross income from nonqualified company-owned life insurance contracts (as defined by this Act) income and death benefits (amounts exceeding reported income and premiums).States that violations of such provisions shall be treated as a violation of an unfair or deceptive act or practice under the Federal Trade Commission Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children from Sexual Exploitation Act of 2005''. SEC. 2. RECORD KEEPING OF DIGITAL IMAGES. Section 2257 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting after ``videotape,'' the following: ``digital image, digitally- or computer- manipulated image of an actual human being, picture,''; and (2) in subsection (f)(4), by inserting after ``video'' the following: ``digital image, digitally- or computer-manipulated image of an actual human being, picture,''. SEC. 3. OTHER RECORD KEEPING REQUIREMENTS. Section 2257 of title 18, United States Code, is amended-- (1) in subsection (f), by-- (A) in paragraph (3), by striking ``and'' after the semicolon; (B) in paragraph (4), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c).''; and (2) by striking subsection (h) and inserting the following: ``(h) In this section-- ``(1) the term `actual sexually explicit conduct' means actual but not simulated conduct as defined in clauses (i) through (v) of section 2256(2)(A) of this title; ``(2) the term `produces'-- ``(A) means-- ``(i) actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; ``(ii) digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or ``(iii) inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct; and ``(B) does not include activities that are limited to-- ``(i) photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication; ``(ii) distribution; ``(iii) any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers; ``(iv) the provision of web-hosting services when the provider does not, and reasonably cannot, manage the sexually explicit content of the computer site or service; or ``(v) the provision of an electronic communication service or remote computing service when the provider does not, and reasonably cannot, manage the sexually explicit content of the computer site or service; and ``(3) the term `performer' includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct.''. SEC. 4. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT. (a) In General.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2257 the following: ``Sec. 2257A. Record keeping requirements for simulated sexual conduct ``(a) Whoever produces any book, magazine, periodical, film, videotape, or other matter that-- ``(1) contains one or more visual depictions of simulated sexually explicit conduct; and ``(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction. ``(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of simulated sexually explicit conduct-- ``(1) ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations; ``(2) ascertain any name, other than the performer's present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and ``(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) and such other identifying information as may be prescribed by regulation. ``(c) Any person to whom subsection (a) applies shall maintain the records required by this section at their business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times. ``(d)(1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law. ``(2) Paragraph (1) shall not preclude the use of such information or evidence in a prosecution or other action for a violation of this chapter or chapter 71, or for a violation of any applicable provision of law with respect to the furnishing of false information. ``(e)(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in subsection (a)(1) in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located. ``(2) If the person to whom subsection (a) applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section. ``(f) It shall be unlawful-- ``(1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section; ``(2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) or any regulation promulgated under this section; ``(3) for any person to whom subsection (a) applies knowingly to fail to comply with the provisions of subsection (e) or any regulation promulgated pursuant to that subsection; or ``(4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, that-- ``(A) contains one or more visual depictions made after the date of enactment of this subsection of simulated sexually explicit conduct; and ``(B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept; and ``(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c). ``(g) As used in this section, the terms `simulated sexually explicit conduct', `produces', and `performer' have the same meaning as in section 2257(h) of this title. ``(h)(1) Whoever violates this section shall be imprisoned for not more than 1 year, and fined in accordance with the provisions of this title, or both. ``(2) Whoever violates this section in an effort to conceal a substantive offense involving the causing, transporting, permitting or offering or seeking by notice or advertisement, a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct in violation of this title, or to conceal a substantive offense that involved trafficking in material involving the sexual exploitation of a minor, including receiving, transporting, advertising, or possessing material involving the sexual exploitation of a minor with intent to traffic, in violation of this title, shall be imprisoned for not more than 5 years and fined in accordance with the provisions of this title, or both. ``(3) Whoever violates paragraph (2) after having been previously convicted of a violation punishable under that paragraph shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.''. (b) Chapter Analysis.--The chapter analysis for chapter 110 of title 18, United States Code, is amended by inserting after the item for section 2257 the following: ``2257A. Record keeping requirements for simulated sexual conduct.''.", "summary": "Protecting Children from Sexual Exploitation Act of 2005 - Amends federal criminal code provisions regarding child sexual exploitation to apply recordkeeping requirements applicable to visual depictions of sexually explicit conduct to pictures, digital images, and digitally- or computer-manipulated images of actual human beings. Prohibits any person to whom these provisions apply from refusing to permit the Attorney General to conduct an inspection of records at that person's business premises at a reasonable time. Establishes recordkeeping requirements for simulated sexual conduct."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Donor Act''. SEC. 2. NATIONAL ORGAN AND TISSUE DONOR REGISTRY. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting before section 371 the following: ``Subpart 1--National Organ Donor Registry ``SEC. 370. NATIONAL ORGAN DONOR REGISTRY. ``(a) Purposes.--The purposes of this subpart are-- ``(1) to establish procedures that will increase the number of individuals who register their intent to be organ or tissue donors and to support State efforts to provide for donor designations through State motor vehicle driver's license application processes; ``(2) to make it possible for Federal and State governments to enhance the information received by individuals regarding organ or tissue donation; ``(3) to ensure that timely and accurate information regarding an individual's wishes regarding organ and tissue donation is made available; and ``(4) to provide grants to States to establish organ and tissue donor registries through State motor vehicle driver's license application processes and linkages to the National Registry. ``(b) Definitions.--In this subpart: ``(1) Motor vehicle driver's license.--The term `motor vehicle driver's license' means any personal identification document issued by a State motor vehicle authority. ``(2) State.--The term `State' means each of the 50 States and the District of Columbia. ``(c) Establishment of Registry.-- ``(1) In general.--The Secretary shall establish and maintain a national organ and tissue donor registry (referred to in this section as the `Registry'). ``(2) Database.--The Registry shall consist of a database of information listing individuals who have expressed an intent to be organ or tissue donors. The information for each individual shall include such individual's name, address, date of birth, sex, height, and eye color, and a Registry identification number assigned by the Secretary. ``(d) Coordination With States and Organ Procurement Organizations.-- ``(1) States.-- ``(A) Initial 2-year period.--The Secretary, during the 2-year period after the date of enactment of the Motor Donor Act, shall-- ``(i) coordinate activities with States that have organ and tissue donor registries operated through a State agency to share existing data; and ``(ii) provide links between the Registry and such State agencies on an ongoing basis. ``(B) Initial 4-year period.--The Secretary, during the 4-year period after the date of enactment of the Motor Donor Act, shall coordinate activities with States to promote and encourage the establishment of organ and tissue donor registries through the motor vehicle driver's license process. ``(2) Organ procurement organizations.--The Secretary shall provide to each organ procurement organization within the United States a means by which the organization may promptly access the Registry 24-hours a day using a password assigned to the organization by the Secretary. In order to obtain such a password, each such procurement organization shall designate staff members within the organization to receive the password and to access the Registry. ``(e) Website.-- ``(1) In general.--The Secretary, not later than 3 years following the date of enactment of the Motor Donor Act, shall disseminate to all United States citizens who reside within the United States and who filed a Federal income tax return with the Internal Revenue Service during the prior year, a pamphlet that contains information about organ and tissue donations and that includes an address for a website where individuals may elect to participate in the Registry. ``(2) Notification.--Within 4 months after an individual elects to participate in the Registry through the website, the Secretary shall notify such individual concerning the individual's participation in the Registry. ``(f) Limitations.-- ``(1) Organ allocation.--Participation in the Registry shall not affect organ or tissue allocation. Standard State and national practices that determine the appropriate procurement organization for obtaining consent for an individual's organ or tissue donation shall continue to apply to such determinations. ``(2) Registry of intent.--The Registry shall be considered a registry only of an individual's intent to serve as an organ or tissue donor. Participation in the Registry shall not be deemed to be the provision of legally binding consent for organ or tissue donation except as provided by State law. ``(3) Request to cancel participation.--Individuals who elect to participate in the Registry shall have the right to cancel such participation at any time. The Secretary shall notify individuals who elect to participate in the Registry of their right to cancel such participation and the procedure for canceling such participation. The Secretary shall promptly remove from the Registry information concerning any individual who cancels participation in the Registry. ``(g) Grants to States.-- ``(1) In general.--The Secretary is authorized to award grants to States that have applications approved under paragraph (2) to enable such States to plan and implement State registries associated with the motor vehicle driver's license application process and to provide for linkages with the Registry. ``(2) Applications.-- ``(A) In general.--Each State desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) State procedure.--Each application submitted under subparagraph (A) shall demonstrate how the State will establish procedures to allow an individual to make a legally binding gift regarding organ and tissue donation by application or by designation made simultaneously with an application for a motor vehicle driver's license. ``(C) Assurances.--Each application submitted under subparagraph (A) shall contain assurances that the State procedures described in subparagraph (B) will comply with the following requirements: ``(i) License application.--The State procedures shall include a process whereby each State motor vehicle driver's license application (including any renewal application) that is submitted to the appropriate State motor vehicle authority under State law provides the individual submitting the application with the option of designating the individual's intent to be an organ and tissue donor. ``(ii) Donor designation.--The State procedures shall provide that the application described in clause (i) shall contain the question, `Do you wish to have the organ donor designation in the State registry?' or, if the State agency process provides, `Do you wish to have the organ donor designation on your driver's license?'. ``(iii) Affirmative response.--The State procedures shall provide that only those individuals who answer affirmatively to the question described in clause (ii) shall have their organ donor preference noted in the State registry or, if applicable, on their motor vehicle driver's license. ``(iv) Forwarding of information.--The State procedures shall provide that the State shall forward to the Registry the names of those individuals who answer affirmatively to the question described in clause (ii), that such information shall be forwarded not later than 100 days after the date of designation, and that any change in designation or change of address information shall also be forwarded to the Registry. ``(v) Negative response.--The State procedures shall provide that the name of any individual who chooses not to have the organ donor designation included in the State registry or, if applicable, on the individual's driver's license will not be forwarded to the Registry. ``(vi) Access by organ procurement organization.--The State procedures shall provide that the information regarding an individual who answers affirmatively to the question described in clause (ii) shall be recorded in the individual's computer record with the appropriate State agency. The State agency shall provide 24-hour a day access to such donor information to organ procurement organizations, and the organ procurement organizations shall not be assessed a fee or other charge for such access. ``(3) Priority.--The Secretary shall give priority in awarding grants under this subsection to States that submit applications demonstrating that the State has collaborated with organ procurement organizations serving the State. ``(4) Limitation.--No grant awarded under this subsection to any one State shall exceed $300,000. ``(h) Advisory Task Force.-- ``(1) In general.--There is established an advisory task force on organ and tissue donation (referred to in this subsection as the `Task Force'). ``(2) Membership.-- ``(A) Members.-- ``(i) In general.--The Task Force shall consist of 5 members, who shall be appointed by the Secretary. ``(ii) Qualifications.-- ``(I) In general.--The Secretary shall appoint members of the Task Force based upon their experience with organ or tissue donations, organ procurement, or organ transplants. ``(II) Special experience.--At least 1 member of the Task Force shall be a physician with experience in performing organ transplants, and at least 1 member of the Task Force shall have experience in organ procurement. ``(B) Term.-- ``(i) In general.--Except as provided in this subparagraph, each member of the Task Force shall be appointed for a term of 3 years. Members of the Task Force may be reappointed. ``(ii) Staggered terms.--As so designated by the Secretary at the time of appointment, the terms of two of the initial members shall expire at the end of 2 years. ``(C) Vacancies.--Any vacancy in the Task Force shall not affect the Task Force's powers but shall be filled in the same manner as the original appointment. ``(3) Functions.-- ``(A) Partnership.--The Task Force shall offer to enter into a partnership with the Coalition on Donation (a national membership organization with the sole purpose of increasing organ and tissue donations) to incorporate into the Coalition's national awareness campaign an outreach and awareness campaign for the Registry. ``(B) Report.--Not later than 1 year after the date of enactment of the Motor Donor Act, the Task Force shall conduct a study concerning, and submit to the Secretary a report containing, recommendations for improving the Registry, increasing public awareness about organ and tissue donation, and improving the organ and tissue donation process. ``(4) Administration.-- ``(A) Personnel.-- ``(i) Travel expenses.--The members of the Task Force shall not receive compensation for the performance of services for the Task Force, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Task Force. ``(ii) Detail of government employees.--Any Federal Government employee may be detailed to the Task Force without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. ``(B) Administrative support.--The Department of Health and Human Services shall provide necessary and appropriate administrative support to the Task Force. ``(5) Permanent committee.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. ``(i) Authorization of Appropriations.-- ``(1) In general.-- ``(A) Registry and grants.--There is authorized to be appropriated to carry out this section, other than subsection (h)(3), such sums as may be necessary for each of fiscal years 2002 through 2006. ``(B) Awareness campaign.--There is authorized to be appropriated to carry out subsection (h)(3), $3,000,000 for each of fiscal years 2002 through 2006. ``(2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. ``Subpart 2--Organ Procurement''. SEC. 3. AMENDMENT OF INTERNAL REVENUE CODE. Section 6103(m) of the Internal Revenue Code of 1986 (relating to disclosure of taxpayer identity information) is amended by adding at the end the following: ``(18) Disclosure of taxpayer identification to carry out organ donor program.-- ``(A) In general.--The Secretary may, upon written request from the Secretary of Health and Human Services, disclose to officers and employees of the Department of Health and Human Services the name and address of each individual filing a return of tax under section 6012 for the previous taxable year. ``(B) Restriction on use of disclosed information.--Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of Health and Human Services only for the purposes of, and to the extent necessary in, carrying out the requirement to contact individuals regarding the national organ and tissue donor registry under section 370(c) of the Public Health Service Act.''. SEC. 4. CONFORMING AMENDMENTS. Subpart 2 of part H of title III of the Public Health Service Act (as so designated) (42 U.S.C. 273 et seq.) is amended in sections 374(a), 374(d), 375(1), and 378, by striking ``this part'' each place it appears and inserting ``this subpart''.", "summary": "Motor Donor Act - Amends the Public Health Service Act to provide for the establishment and maintenance of a national organ and tissue donor registry (the Registry) consisting of a database of information listing individuals who have expressed an intent to be organ or tissue donors. Provides for the coordination of the Registry with State and organ and tissue registries and procurement organizations. Authorizes grants to States for the planning and implementation of State registries associated with the motor vehicle driver's license application process and for linkages with the Registry. Establishes an advisory task force on organ and tissue donation.Amends the Internal Revenue Code to permit the disclosure of taxpayer identification in connection with the Registry."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Media Violence Labeling Act of 1999''. SEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA PRODUCTS. (a) Declaration of Policy.--Section 2 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331) is amended-- (1) by inserting ``(a) Policy Regarding Cigarettes.--'' before ``It is the policy of the Congress''; and (2) by adding at the end the following: ``(b) Policy Regarding Violence in Audio and Visual Media Products.--It is also the policy of Congress, and the purpose of this Act, to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products (including labeling of such products in the advertisements for such products), whereby-- ``(1) the public may be adequately informed of-- ``(A) the nature, context, and intensity of depictions of violence in audio and visual media products; and ``(B) matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products containing violent content by minors of various ages; and ``(2) the public may be assured of-- ``(A) the accuracy and consistency of the system in labeling the nature, context, and intensity of depictions of violence in audio and visual media products; and ``(B) the accuracy and consistency of the system in providing information on matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products containing violent content by minors of various ages.''. (b) Labeling of Audio and Visual Media Products.--That Act is further amended by inserting after section 4 (15 U.S.C. 1333) the following new section: ``labeling of audio and visual media products ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and producers of interactive video game products and services, video program products, motion picture products, and sound recording products may submit to the Federal Trade Commission a joint proposal for a system for labeling the violent content in interactive video game products and services, video program products, motion picture products, and sound recording products. ``(2) The proposal under this subsection should, to the maximum extent practicable, meet the requirements set forth in subsection (b). ``(3)(A) The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement between or among manufacturers and producers referred to in paragraph (1) for purposes of developing a joint proposal for a system for labeling referred to in that paragraph. ``(B) For purposes of this paragraph, the term `antitrust laws' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). ``(b) Requirements for Labeling System.--A system for labeling the violent content in interactive video game products and services, video program products, motion picture products, and sound recording products under this section shall meet the following requirements: ``(1) The label of a product or service shall consist of a single label which-- ``(A) takes into account the nature, context, and intensity of the depictions of violence in the product or service; and ``(B) assesses the totality of all depictions of violence in the product or service. ``(2) The label of a product or service shall specify a minimum age in years for the purchase, viewing, listening to, use, or consumption of the product or service in light of the totality of all depictions of violence in the product or service. ``(3) The format of the label for products and services shall-- ``(A) incorporate each label provided for under paragraphs (1) and (2); ``(B) include a symbol or icon, and written text; and ``(C) be identical for each given label provided under paragraphs (1) and (2), regardless of the type of product or service involved. ``(4) In the case of a product or service sold in a box, carton, sleeve, or other container, the label shall appear on the box, carton, sleeve, or container in a conspicuous manner. ``(5) In the case of a product or service that is intended to be viewed, the label shall-- ``(A) appear before the commencement of the product or service; ``(B) appear in both visual and audio form; and ``(C) appear in visual form for at least five seconds. ``(6) Any advertisement for a product or service shall include a label of the product or service in accordance with the applicable provisions of this subsection. ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the manufacturers and producers referred to in subsection (a) submit to the Federal Trade Commission a proposal for a labeling system referred to in that subsection not later than 180 days after the date of the enactment of the Media Violence Labeling Act of 1999, the Commission shall review the labeling system contained in the proposal to determine whether the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(B) Not later than 180 days after commencing a review of the proposal for a labeling system under subparagraph (A), the Commission shall issue a labeling system for purposes of this section. The labeling system issued under this subparagraph may include such modifications of the proposal as the Commission considers appropriate in order to assure that the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(2)(A) If the manufacturers and producers referred to in subsection (a) do not submit to the Commission a proposal for a labeling system referred to in that subsection within the time provided under paragraph (1)(A), the Commission shall prescribe regulations to establish a labeling system for purposes of this section that meets the requirements set forth in subsection (b). ``(B) Any regulations under subparagraph (A) shall be prescribed not later than one year after the date of the enactment of the Media Violence Labeling Act of 1999. ``(e) Prohibition on Sale or Distribution Without Label.-- Commencing one year after the date of the enactment of the Media Violence Labeling Act of 1999, a person may not manufacture or produce for sale or distribution in commerce, package for sale or distribution in commerce, or sell or distribute in commerce any interactive video game product or service, video program product, motion picture product, or sound recording product unless the product or service bears a label in accordance with the labeling system issued or prescribed by the Federal Trade Commission under subsection (d) which-- ``(1) is appropriate for the nature, context, and intensity of the depictions of violence in the product or service; and ``(2) specifies an appropriate minimum age in years for purchasers and consumers of the product or service. ``(f) Prohibition on Sale in Violation of Age Restriction.-- Commencing one year after the date of the enactment of the Media Violence Labeling Act of 1999, a person may not sell in commerce an interactive video game product or service, video program product, motion picture product, or sound recording product to an individual whose age in years is less than the age specified as the minimum age in years for a purchaser and consumer of the product or service, as the case may be, under the labeling system issued or prescribed by the Federal Trade Commission under subsection (d). ``(g) Investigations of Improper Labeling.--The Federal Trade Commission shall have the authority to receive and investigate allegations that an interactive video game product or service, video program product, motion picture product, or sound recording product does not bear a label under the labeling system issued or prescribed by the Commission under subsection (d) that is appropriate for the product or service, as the case may be, given the nature, context, and intensity of the depictions of violence in the product or service.''. (c) Civil Penalty.--That Act is further amended by inserting after section 10 (15 U.S.C. 1338) the following new section: ``civil penalty ``Sec. 10A. (a) In General.--Any person who violates subsection (e) or (f) of section 4A shall be subject to a civil penalty in an amount not to exceed $10,000 for each such violation. ``(b) Duration of Violation.--In the case of an interactive video game product or service, video program product, motion picture product, or sound recording product determined to violate section 4A(e), each day from the date of the commencement of sale or distribution of the product or service, as the case may be, to the date of the determination of the violation shall constitute a separate violation of subsection (a), and all such violations shall be aggregated together for purposes of determining the total liability of the manufacturer or producer of the product or service, as the case may be, for such violations under that subsection.''. (d) Short Title of Act.--The first section of that Act (15 U.S.C. 1331 note) is amended to read as follows: ``That this Act may be cited as the `Federal Cigarette and Media Violence Labeling and Advertising Act'''.", "summary": "Media Violence Labeling Act of 1999 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including with regard to the appropriateness of such products for minors. Authorizes manufacturers and producers of interactive video game products and services, video program products, motion picture products, and sound recording products (products) to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling the violent content of such products. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing; and (2) the label should appear conspicuously on the product. Requires the FTC to review any proposal that is submitted by such manufacturers and producers within 180 days after the enactment of this Act to determine if it meets such requirements. Requires the FTC to issue a labeling system within 180 days after commencing a review of such proposal. Directs the FTC to establish its own labeling system if a proposal is not submitted. Prohibits a person from manufacturing or producing such a product unless it bears a label meeting requirements of this Act. Prohibits a person, from the same date, from selling such product to an individual whose age is less than the minimum age specified under the labeling system. Empowers the FTC to investigate allegations of violations of this Act. Provides civil penalties for violations. Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Food for Healthy Families Act of 2013''. SEC. 2. LOCAL FOOD FOR HEALTHY FAMILIES PROGRAM. (a) Establishment of Program.--The Secretary of Agriculture (hereinafter in this Act referred to as the Secretary unless the context specifies otherwise) shall establish the Local Food for Healthy Families Program for the purpose of making grants to certain entities to carry out projects to provide incentives to low-income families receiving supplemental nutrition assistance program benefits to purchase fruits and vegetables. (b) Administrative Costs.--Not more than 10 percent of the funds made available to carry out this Act for a fiscal year may be used by the Secretary to administer, evaluate, and monitor this Act for such fiscal year. (c) Advisory Committee.--The Secretary shall convene an advisory committee composed of representatives of organizations that have prior experience implementing local fruit and vegetable incentive programs to advise him on the design of the Local Food for Healthy Families Program. SEC. 3. ELIGIBLE ENTITIES. (a) Applications.--Subject to subsection (b), to be eligible to receive a grant to carry out a project under this Act, the following entities may submit to the Secretary an application that contains such information and assurances, at such time and in such form, as the Secretary may require by rule: (1) Private nonprofit entities. (2) Agricultural cooperatives. (3) Producer networks or associations. (4) Community health organizations. (5) Public benefit corporations. (6) Economic development cooperatives. (7) Farmers' markets. (8) Community supported agriculture programs. (9) Buying clubs. (10) Retail food stores that participate in the supplemental nutrition assistance program. (11) State, local, or tribal agencies. (b) Required Assurance.--An application submitted under subsection (a) shall include an assurance that the applicant will impose on recipients of incentives under this Act the same terms and conditions that apply to purchases made by individuals using supplemental nutrition assistance program benefits. SEC. 4. PRIORITY. In making grants under section 2, the Secretary shall give priority to eligible entities that-- (1) are located in underserved communities, (2) provide locally produced fruits and vegetables, (3) maximize the share of funds used for direct incentives to participants, (4) use direct-to-consumer sales marketing, (5) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers, (6) develop innovative linkages between for-profit and nonprofit organizations, and (7) address other criteria as established by the Secretary. SEC. 5. MATCHING FUNDS REQUIREMENT. (a) Federal Share of Costs.--Not more than 50 percent of the cost of any project for which a grant is made under section 2 may be paid with Federal funds. (b) Non-Federal Share of Costs.--An eligible entity that applies for a grant under section 2 shall agree to provide not less than 50 percent of the cost of the project for which application is submitted from non-Federal sources, except that-- (1) an eligible entity that is a nonprofit entity may value in cash or in-kind (fairly evaluated) its share of the cost of such project, and (2) an eligible entity that is a for-profit entity may value only in cash (and may not include services of an employee, including salaries paid or expenses covered by the employer) its share of the cost of such project. SEC. 6. INDEPENDENT EVALUATIONS. The Secretary shall provide for an independent evaluation of each project for which a grant is made under this Act. Such evaluation shall-- (1) measure the impact of such project on-- (A) improving the nutrition and health status of families that participate in projects carried out under this Act, and (B) increasing the quantity of fruits and vegetables purchased by such families, and (2) use rigorous methodologies capable of producing scientifically valid information regarding the effectiveness of such project. SEC. 7. TECHNICAL ASSISTANCE AND RELATED INFORMATION. (a) Technical Assistance.--In carrying out this Act, the Secretary may provide technical assistance regarding the operation of the Local Food for Healthy Families Program to entities that request such information. (b) Sharing Information.--The Secretary may provide for sharing of information concerning the operation of the Local Food for Healthy Families Program, the operation of projects carried out under such program, and the issues arising from such program and such projects, with and among-- (1) governmental, for-profit, and nonprofit groups, and the public through publications, conferences, and other appropriate forums, and (2) researchers, practitioners, and other interested persons. SEC. 8. TREATMENT OF FUNDS. (a) In General.--The value of any incentive provided under this Act to a participating family shall not be considered income or resources for any purpose under any Federal, State, or local law. (b) No Limitation on Benefits.--A grant made available under this Act shall not be used to carry out any project that limits the use of benefits provided under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or any other Federal nutrition law. (c) Household Allotment.--Incentives provided under this Act to families that receive supplemental nutrition assistance program benefits shall not-- (1) be considered to be part of such benefits; or (2) be used in the collection or disposition of claims under section 13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022). SEC. 9. APPROPRIATION OF FUNDS. Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out the Local Food for Healthy Families Program $20,000,000 for each of the fiscal years 2014 through 2018.", "summary": "Local Food for Healthy Families Act of 2013 - Directs the Secretary of Agriculture (USDA) to establish the local food for healthy families program to make grants to specified entities to provide low-income families receiving supplemental nutrition assistance program benefits (SNAP, formerly known as the food stamp program) with incentives to purchase fruits and vegetables."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Honesty in Energy Regulations Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) as a tool to justify Federal actions by the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Chair of the Council on Environmental Quality to address greenhouse gas emissions, including the regulation or prohibition of the exploration, mining, production, and use of coal and other fossil fuels as energy sources, the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide represent the hypothetical cost of 1 incremental ton of carbon dioxide, methane, or nitrous oxide emissions in a given year; (2) the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003-- (A) guides Federal agencies on the development of regulatory impact analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) and other authorities; and (B) instructs Federal agencies to include discount rates of 3 and 7 percent and evaluate the costs and benefits of the regulatory action that accrue to citizens and residents of the United States; (3) first developed in 2009 by an interagency working group that included the Department of Energy, the Environmental Protection Agency, and the Council on Environmental Quality, the estimates for the social cost of carbon, as well as the subsequently developed estimates of the social cost of methane, and the social cost of nitrous oxide fail to comply with the 3- and 7-percent discount rates prescribed by the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003; (4) while the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003, specifies that, in carrying out an evaluation of the global effects of a rule, regulation, or action, the evaluation shall be reported separately from domestic costs and benefits of that rule, regulation, or action, the social cost of carbon instead calculates the global benefits in lieu of, not in addition to, the domestic costs of a rule, regulation, or action; (5) the use of the estimates for the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide, in the rulemakings of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality without public notice and an adequate opportunity for comment violates scientific peer review requirements; (6) the Environmental Protection Agency relied upon the social cost of methane, without appropriate peer review or opportunity for public notice and comment, in justifying the costs and benefits of the September 2015 proposed and the June 2016 finalized rules under the Clean Air Act for methane emissions from new, modified, and reconstructed sources in the oil and gas sector; (7) the Department of the Interior used the social cost of methane estimate to justify the costs and benefits of the final rule entitled ``Waste Prevention, Production Subject to Royalties, and Resource Conservation'' (81 Fed. Reg. 83008 (November 18, 2016)); (8) the Council on Environmental Quality issued final guidance on August 1, 2016, that, with respect to a monetary cost-benefit analysis for an evaluation of a proposed Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), directed the head of each Federal agency to include the social cost of carbon in any consideration of the effect of greenhouse gas emissions; (9) the regulations of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality are costing families of the United States billions of dollars each year and are justified, in large part, by the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide; (10) continued use of the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide by the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality ignores sound science for the purpose of eliminating the exploration, mining, production, and use of the abundant domestic sources of fossil fuel energy of the United States; (11) Executive Order 13777 (82 Fed. Reg. 12285 (March 1, 2017)) states that the policy of the United States is to alleviate any unnecessary regulatory burden on the people of the United States; and (12) Executive Order 13783 of March 28, 2017 (82 Fed. Reg. 16093 (March 31, 2017))-- (A) disbands the interagency working group referred to in paragraph (3); (B) withdraws the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide; and (C) directs Federal agencies, in monetizing the value of changes in greenhouse gas emissions as a result of a regulation, to follow the document of the Office of Management and Budget entitled ``Circular A- 4'' and dated September 17, 2003, by using the discount rates specified in that document and evaluating only the domestic effects of the regulation. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Social cost of carbon.--The term ``social cost of carbon'' means-- (A) the estimate of the social cost of carbon described in-- (i) the document entitled ``Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in February 2010; or (ii)(I) the document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013 and revised in November 2013 and July 2015, and published and revised by the Interagency Working Group on the Social Cost of Greenhouse Gases, United States Government, in August 2016; or (II) any successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. (3) Social cost of methane.--The term ``social cost of methane'' means-- (A) the estimate of the social cost of methane described in-- (i) the proposed rule entitled ``Oil and Natural Gas Sector: Emission Standards for New and Modified Sources'' (80 Fed. Reg. 56593 (September 18, 2015)); (ii) the final rule entitled ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'' (81 Fed. Reg. 35824 (June 3, 2016)); (iii) the regulatory impact analysis entitled ``Regulatory Impact Analysis of the Final Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'', prepared by the Environmental Protection Agency, Office of Air and Radiation, in May 2016 and identified by docket ID number EPA-HQ-OAR-2010-0505-7630; or (iv)(I) the document entitled ``Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide'', published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; or (II) any successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in methane emissions in a given year. (4) Social cost of nitrous oxide.--The term ``social cost of nitrous oxide'' means-- (A) the estimate of the social cost of nitrous oxide described in-- (i) the document entitled ``Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide'', published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; or (ii) any other successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in nitrous oxide emissions in a given year. SEC. 4. PROHIBITION ON CONSIDERING THE SOCIAL COST OF GREENHOUSE GAS, INCLUDING THE SOCIAL COST OF CARBON, THE SOCIAL COST OF METHANE, AND THE SOCIAL COST OF NITROUS OXIDE. (a) In General.--The Secretary of Energy, under any authority, the Administrator, under the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary of the Interior, under any authority, and the Chair of the Council on Environmental Quality, under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), may not consider the social cost of carbon, social cost of methane, or social cost of nitrous oxide-- (1) as part of any cost-benefit analysis required under-- (A) any law; (B) Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); or (C) Executive Order 13563 (5 U.S.C. 601 note; relating to improving regulation and regulatory review); (2) in any rulemaking; (3) in the issuance of any guidance; (4) in taking any other agency action; or (5) as a justification for any rulemaking, guidance document, or agency action. (b) Exception.--The Secretary of Energy, the Administrator, the Secretary of the Interior, and the Chair of the Council on Environmental Quality may consider the social cost of carbon, social cost of methane, or social cost of nitrous oxide in carrying out an activity described in subsection (a) only if, after the date of enactment of this Act-- (1) a Federal law is enacted that explicitly authorizes the consideration; or (2) the Secretary of Energy, the Administrator, the Secretary of the Interior, or the Chair of the Council on Environmental Quality uses an estimate for the social cost of carbon, social cost of methane, or social cost of nitrous oxide that-- (A) complies with the requirements of the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003; (B) uses the discount rates of 3 and 7 percent specified in that document; (C) considers only the domestic costs and benefits of the activity; and (D) uses only-- (i) the most up to date and empirically estimated equilibrium climate sensitivity distributions; and (ii) realistic time horizons. SEC. 5. REPORT OF THE ADMINISTRATOR. Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination and consultation with the Secretary of Energy, the Secretary of the Interior, and the Chair of the Council on Environmental Quality, shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing the number of proposed and final rulemakings, guidance documents, and agency actions that, since January 2009, have used the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide, including the use of the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide as part of any cost-benefit analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) or other relevant authority.", "summary": "Transparency and Honesty in Energy Regulations Act of 2017 This bill prohibits the Department of Energy, the Environmental Protection Agency (EPA), the Department of the Interior, and the Council on Environmental Quality from considering the social cost of carbon, methane, or nitrous oxide as part of any cost benefit analysis in the rule making process, unless a federal law is enacted authorizing such consideration. They may also consider those social costs if they use an estimate that: (1) complies with the requirements of the Office of Management and Budget's "Circular A-4" document; (2) uses the discount rates of three and seven percent specified in that document; (3) considers only the domestic costs and benefits of the activity; and (4) uses only the most up to date and empirically estimated equilibrium climate sensitivity distributions, and realistic time horizons. The EPA must report on the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use those social costs, including as part of any cost benefit analysis required under Executive Order 12866 or other relevant authority."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Salton Sea Reclamation Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--SALTON SEA FEASIBILITY STUDY Sec. 101. Salton Sea Feasibility study authorization. Sec. 102. Concurrent wildlife resources studies. Sec. 103. Salton Sea National Wildlife Refuge renamed as Sonny Bono Salton Sea National Wildlife Refuge. TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER AND NEW RIVER Sec. 201. Alamo River and New River irrigation drainage water. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Committees'' means the Committee on Resources and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Environmental and Public Works of the Senate. (2) The term ``Salton Sea Authority'' means the Joint Powers Authority by that name established under the laws of the State of California by a Joint Power Agreement signed on June 2, 1993. (3) The term ``Secretary'' means the Secretary of the Interior, acting through the Bureau of Reclamation. TITLE I--SALTON SEA FEASIBILITY STUDY SEC. 101. SALTON SEA FEASIBILITY STUDY AUTHORIZATION. (a) In General.--No later than January 1, 2000, the Secretary, in accordance with this section, shall complete all feasibility studies and cost analyses for the options set forth in subsection (b)(2)(A) necessary for Congress to fully evaluate such options. (b) Feasibility Study.-- (1) In general.-- (A) The Secretary shall complete all studies, including, but not limited to environmental and other reviews, of the feasibility and benefit-cost of various options that permit the continued use of the Salton Sea as a reservoir for irrigation drainage and: (i) reduce and stabilize the overall salinity of the Salton Sea; (ii) stabilize the surface elevation of the Salton Sea; (iii) reclaim, in the long term, healthy fish and wildlife resources and their habitats; and (iv) enhance the potential for recreational uses and economic development of the Salton Sea. (B) Based solely on whatever information is available at the time of submission of the report, the Secretary shall: (i) identify any options he deems economically feasible and cost effective; (ii) identify any additional information necessary to develop construction specifications; and (iii) submit any recommendations, along with the results of the study to the Committees no later than January 1, 2000. (C)(i) The Secretary shall carry out the feasibility study in accordance with a memorandum of understanding entered into by the Secretary, the Salton Sea Authority, and the Governor of California. (ii) The memorandum of understanding shall, at a minimum, establish criteria for evaluation and selection of options under subparagraph (2)(A), including criteria for determining benefit and the magnitude and practicability of costs of construction, operation, and maintenance of each option evaluated. (2) Options to be considered.--Options considered in the feasibility study-- (A) shall consist of, but need not be limited to-- (i) use of impoundments to segregate a portion of the waters of the Salton Sea in one or more evaporation ponds located in the Salton Sea basin; (ii) pumping water out of the Salton Sea; (iii) augmented flows of water into the Salton Sea; (iv) a combination of the options referred to in clauses (i), (ii), and (iii); and (v) any other economically feasible remediation option the Secretary considers appropriate and for which feasibility analyses and cost estimates can be completed by January 1, 2000; (B) shall be limited to proven technologies; and (C) shall not include any option that-- (i) relies on the importation of any new or additional water from the Colorado River; or (ii) is inconsistent with the provisions of sub- section (c). (3) Assumptions.--In evaluating options, the Secretary shall apply assumptions regarding water inflows into the Salton Sea Basin that encourage water conservation, account for transfers of water out of the Salton Sea Basin, and are based on a maximum likely reduction in inflows into the Salton Sea Basin which could be 800,000 acre-feet or less per year. (4) Consideration of costs.--In evaluating the feasibility of options, the Secretary shall consider the ability of Federal, tribal, State and local government sources and private sources to fund capital construction costs and annual operation, maintenance, energy, and replacement costs and shall set forth the basis for any cost sharing allocations as well as anticipated repayment, if any, of Federal contributions. (c) Relationship to Other Law.-- (1) Reclamation laws.--Activities authorized by this Act shall not be subject to the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 391 et seq.), and Acts amendatory thereof and supplemental thereto. Amounts expended for those activities shall be considered nonreimbursable for purposes of those laws and shall not be considered to be a supplemental or additional benefit for purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.). (2) Preservation of rights and obligations with respect to the colorado river.--This Act shall not be considered to supersede or otherwise affect any treaty, law, decree, contract, or agreement governing use of water from the Colorado River. All activities taken under this Act must be carried out in a manner consistent with rights and obligations of persons under those treaties, laws, decrees, contracts, and agreements. SEC. 102. CONCURRENT WILDLIFE RESOURCES STUDIES. (a) In General.--The Secretary shall provide for the conduct, concurrently with the feasibility study under section 101(b), of studies of hydrology, wildlife pathology, and toxicology relating to wildlife resources of the Salton Sea by Federal and non-Federal entities. (b) Selection of Topics and Management of Studies.-- (1) In general.--The Secretary shall establish a committee to be known as the ``Salton Sea Research Management Committee''. The committee shall select the topics of studies under this section and manage those studies. (2) Membership.--The committee shall consist of the following five members: (A) The Secretary. (B) The Governor of California. (C) The Executive Director of the Salton Sea Authority. (D) The Chairman of the Torres Martinez Desert Cahuilla Tribal Government. (E) The Director of the California Water Resources Center. (c) Coordination.--The Secretary shall require that studies under this section are coordinated through the Science Subcommittee which reports to the Salton Sea Research Management Committee. In addition to the membership provided for by the Science Subcommittee's charter, representatives shall be invited from the University of California, Riverside; the University of Redlands; San Diego State University; the Imperial Valley College; and Los Alamos National Laboratory. (d) Peer Review.--The Secretary shall require that studies under this section are subjected to peer review. (e) Authorization of Appropriations.--For wildlife resources studies under this section there are authorized to be appropriated to the Secretary, through accounts within the Fish and Wildlife Service, exclusively, $5,000,000. (f) Advisory Committee Act.--The committee, and its activities, are not subject to the Federal Advisory Commission Act (5 U.S.C. App.). SEC. 103. SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS SONNY BONO SALTON SEA NATIONAL WILDLIFE REFUGE. (a) Refuge Renamed.--The Salton Sea National Wildlife Refuge, located in Imperial County, California, is hereby renamed and shall be known as the ``Sonny Bono Salton Sea National Wildlife Refuge''. (b) References.--Any reference in any statute, rule, regulation, Executive order, publication, map, or paper or other document of the United States to the Salton Sea National Wildlife Refuge is deemed to refer to the Sonny Bono Salton Sea National Wildlife Refuge. TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER AND NEW RIVER SEC. 201. ALAMO RIVER AND NEW RIVER IRRIGATION DRAINAGE WATER. (a) River Enhancement.-- (1) In general.--The Secretary is authorized and directed to promptly conduct research and construct river reclamation and wetlands projects to improve water quality in the Alamo River and New River, Imperial County, California, by treating water in those rivers and irrigation drainage water that flows into those rivers. (2) Acquisitions.--The Secretary may acquire equipment, real property from willing sellers, and interests in real property (including site access) from willing sellers as needed to implement actions under this section if the State of California, a political subdivision of the State, or Desert Wildlife Unlimited has entered into an agreement with the Secretary under which the State, subdivision, or Desert Wildlife Unlimited, respectively, will, effective 1 year after the date that systems for which the acquisitions are made are operational and functional-- (A) accept all right, title, and interest in and to the equipment, property, or interests; and (B) assume responsibility for operation and maintenance of the equipment, property, or interests. (3) Transfer of title.--Not later than 1 year after the date a system developed under this section is operational and functional, the Secretary shall transfer all right, title, and interest of the United States in and to all equipment, property, and interests acquired for the system in accordance with the applicable agreement under paragraph (2). (4) Monitoring and other actions.--The Secretary shall establish a long-term monitoring program to maximize the effectiveness of any wetlands developed under this title and may implement other actions to improve the efficacy of actions implemented pursuant to this section. (b) Cooperation.--The Secretary shall implement subsection (a) in cooperation with Desert Wildlife Unlimited, the Imperial Irrigation District, California, and other interested persons. (c) Federal Water Pollution Control.--Water withdrawn solely for the purpose of a wetlands project to improve water quality under subsection (a)(1), when returned to the Alamo River or New River, shall not be required to meet water quality standards under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (d) Authorization of Appropriations.--For river reclamation and other irrigation drainage water treatment actions under this section, there are authorized to be appropriated to the Secretary $3,000,000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "TABLE OF CONTENTS: Title I: Salton Sea Feasibility Study Title II: Emergency Action to Improve Water Quality in the Alamo River and New River Salton Sea Reclamation Act of 1998 - Title I: Salton Sea Feasibility Study - Directs the Secretary of the Interior, by January 1, 2000, to complete all feasibility studies and cost analyses with respect to a feasibility study for the reclamation of the Salton Sea, located in Imperial and Riverside Counties, California, which shall include options for achieving salinity reduction and stabilization, stabilizing surface elevation, restoring fish and wildlife resources, and enhancing recreational use and economic development. Requires a report to specified congressional committees containing proposed options and recommendations. Directs the Secretary to carry out the study under a memorandum of understanding entered into by the Secretary, the Salton Sea Authority, and the Governor of California. Prohibits the inclusion of any option that relies on the importation of any new or additional water from the Colorado River. Preserves all current rights and obligations concerning Colorado River water use. Directs the Secretary to conduct, concurrently with the feasibility study, studies of hydrology, wildlife pathology, and toxicology relating to wildlife resources of the Salton Sea by Federal and non-Federal sources. Directs the Secretary to establish the Salton Sea Research Management Committee to select and manage such studies. Authorizes appropriations. Renames the Salton Sea National Wildlife Refuge as the Sonny Bono Salton Sea National Wildlife Refuge. Title II: Emergency Action to Improve Water Quality in the Alamo River and New River - Authorizes and directs the Secretary to promptly conduct research and construct river reclamation and wetlands projects to improve water quality in the Alamo and New Rivers in Imperial County, California, by treating water in those rivers and irrigation drainage water that flows into those rivers. Directs the Secretary to establish a long-term monitoring program to maximize the effectiveness of any wetlands developed under this Act. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Access and Work Incentives Act''. TITLE I--PREFERENCE FOR CONTRACTORS THAT HIRE WELFARE RECIPIENTS SEC. 101. PREFERENCE FOR CONTRACTORS THAT HIRE WELFARE RECIPIENTS. (a) Preference.--In awarding a contract covered by this section, the head of a department or agency of the Federal Government shall give preference to an entity that agrees to hire welfare recipients for jobs created to carry out the contract. (b) Evaluation.--To carry out subsection (a), the head of a department or agency shall develop a system under which, in the evaluation of an offer from an entity for a contract, the preference given to the entity will be greater as the number of welfare recipients that the offeror agrees to hire increases. (c) Exceptions.--The requirement of subsection (a) shall not apply in the evaluation of offers for a contract if-- (1) the Secretary of Defense determines that the subsection should not apply for national security reasons; or (2) the head of the department or agency determines that no entry-level jobs are expected to be created to carry out the contract. (d) Covered Contracts.--This section applies to any contract in an amount in excess of $500,000 entered into after the date of the enactment of this Act by a department or agency of the Federal Government using competitive procedures. (e) Welfare Recipient.--The term ``welfare recipient'' means a recipient of assistance under a State program funded under part A of title IV of the Social Security Act. TITLE II--JOB ACCESS AND REVERSE COMMUTE GRANTS SEC. 201. JOB ACCESS AND REVERSE COMMUTE GRANTS. Section 3037(l)(1) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5309 note; 112 Stat. 391) is amended-- (1) in subparagraph (A) by striking clauses (ii) through (v) and inserting the following: ``(ii) $500,000,000 for fiscal year 2000; ``(iii) $500,000,000 for fiscal year 2001; ``(iv) $500,000,000 for fiscal year 2002; ``(v) $500,000,000 for fiscal year 2003; and ``(vi) $500,000,000 for fiscal year 2004.''; (2) in subparagraph (B) by striking ``this section'' and all that follows through the period at the end and inserting ``this section $10,000,000 for fiscal year 1999.''; and (3) in subparagraph (C) by striking ``this section'' and all that follows through the period at the end and inserting ``this section $100,000,000 for fiscal year 1999.''. TITLE III--GUARANTEES OF LOANS MADE BY STATES TO CURRENT OR RECENT WELFARE RECIPIENTS SEC. 301. GUARANTEES OF LOANS MADE BY STATES TO CURRENT OR RECENT WELFARE RECIPIENTS. (a) In General.--The Secretary of Health and Human Services may provide loan guarantees to States in accordance with this section. (b) Limitation on Annual Amount of Loan Guarantees.--The total dollar amount of loan guarantees that may be provided under this section in a fiscal year shall not exceed $50,000,000. (c) Limitation on Annual Amount of Loan Guarantees per State.--The total dollar amount of loan guarantees that may be provided to a State under this section in a fiscal year is the amount that bears the same ratio to $50,000,000 as the total dollar amount payable to the State under section 403(a)(1) of the Social Security Act for the fiscal year (determined without regard to any penalty imposed under section 409 of such Act) bears to the total dollar amount payable to all States under such section 403(a)(1) for the fiscal year (as so determined). (d) Loans That May Be Guaranteed.--The Secretary of Health and Human Services may provide a loan guarantee under this section with respect to a loan if-- (1) the loan is made by a State; (2) the borrower is a recipient of assistance under a State program funded under part A of title IV of the Social Security Act; (3) the principal amount of the loan is not less than $20 and not more than $5,000; and (4) the loan bears interest at an annual rate that does not exceed the rate at which interest is payable annually on bonds most recently issued by the smallest political subdivision of the State in which the borrower resides that has borrowing authority. (e) Definition of State.--In this section, the term ``State'' has the meaning given such term in section 419(5) of the Social Security Act. (f) Regulations.--The Secretary of Health and Human Services shall prescribe such regulations as may be necessary to carry out this section. TITLE IV--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES SEC. 401. APPROPRIATIONS FOR PROGRAMS AND ACTIVITIES OF SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION. For carrying out titles V and XIX of the Public Health Service Act with respect to substance abuse and mental health services, there is appropriated, out of any money in the Treasury not otherwise appropriated, $2,730,000,000 for fiscal year 2000. TITLE V--RESTORATION OF DEDUCTIONS SEC. 501. RESTORATION OF DEDUCTION FOR BUSINESS MEALS AND ENTERTAINMENT AND FOR TRAVEL EXPENSES OF SPOUSES AND OTHERS ACCOMPANYING THE TAXPAYER ON BUSINESS. (a) Restoration of Deduction for Business Meals and Entertainment.-- (1) In general.--Subsection (n) of section 274 of the Internal Revenue Code of 1986 (relating to only 50 percent of meal and entertainment expenses allowed as deduction) is hereby repealed. (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 1999. (b) Repeal of Special Limitation on Deduction for Travel Expenses of Spouses, Etc.-- (1) In general.--Subsection (m) of section 274 of such Code is amended by striking paragraph (3). (2) Effective date.--The amendment made by this subsection shall apply to amounts paid or incurred after December 31, 1999.", "summary": "TABLE OF CONTENTS: Title I: Preference for Contractors That Hire Welfare Recipients Title II: Job Access and Reverse Commute Grants Title III: Guarantees of Loans Made by States to Current or Recent Welfare Recipients Title IV: Substance Abuse and Mental Health Services Title V: Restoration of Deductions Job Access and Work Incentives Act - Title I: Preference for Contractors that Hire Welfare Recipients - Requires the head of a department or agency of the Federal Government, in awarding a covered contract (contracts over $500,000), to give preference (subject to exceptions) to an entity that agrees to hire welfare recipients (a recipient of assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act) for jobs created to carry out the contract. Title II: Job Access and Reverse Commute Grants - Amends the Transportation Equity Act for the 21st Century to extend and increase the job access and reverse commute grants program. Title III: Guarantees of Loans Made by States to Current or Recent Welfare Recipients - Authorizes the Secretary of Health and Human Services to provide a loan guarantee to a State with respect to a loan if: (1) the loan is made by a State; (2) the borrower is a recipient of assistance under a State program funded under part A of title IV of the Social Security Act; (3) the principal amount of the loan is not less than $20 and not more than $5,000; and (4) the loan bears interest at an annual rate that does not exceed the rate at which interest is payable annually on bonds most recently issued by the smallest political subdivision of the State in which the borrower resides that has borrowing authority. Title IV: Substance Abuse and Mental Health Services - Appropriates funds, as specified under the Public Health Service Act, for the Substance Abuse and Mental Health Services Administration. Title V: Restoration of Deductions - Amends the Internal Revenue Code to repeal the current limitations on the deductions for: (1) meals and entertainment expenses; and (2) luxury water transportation, travel as a form of education, and travel expenses for spouses and dependents."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Housing and Community Renewal Development Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Congressional Findings.--The Congress finds the following: (1) Addressing the problem of contaminated abandoned industrial or commercial properties by funding programs that encourage the reuse of such properties must continue to be a priority of this country. (2) Brownfields grant programs funded through the Environmental Protection Agency (EPA) are utilized for environmental assessment, planning, job training, and cleanup. (3) EPA brownfields programs are not adequate to rehabilitate, demolish, or redevelop structures. (4) The Department of Housing and Urban Development is an appropriate agency to provide grants to redevelop contaminated, abandoned or underutilized buildings, which pose not only a possible health risk but also impact a community's quality of life. (5) Local communities need additional redevelopment programs that provide new flexibility to organizations to be part of community development efforts. (6) The Congress should fund appropriate Federal programs that allow communities to redevelop their neighborhoods and improve the quality of life in the surrounding areas. (b) Purpose.--The purpose of this Act is to empower local communities and their partners to clean and redevelop brownfields in their communities by providing-- (1) flexibility for the development of local plans to address brownfields problems; and (2) access to economic development grant funds. SEC. 3. GRANT PROGRAM TO PROMOTE COMMUNITY RENEWAL THROUGH BROWNFIELD REDEVELOPMENT. Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is amended-- (1) by redesignating subsection (r) as subsection (s); and (2) by inserting after subsection (q) the following new subsection: ``(r) Grant Program to Promote Community Renewal Through Brownfield Redevelopment.-- ``(1) Establishment of program.--The Secretary shall establish a program under this subsection to make grants to assist in carrying out redevelopment activities for brownfield sites and abandoned, idled, and underused industrial, commercial or housing structures located in brownfield sites. ``(2) Grantees and grant conditions.--A grant may be made under this subsection to a unit of general local government, including an agency of such a unit, an entity affiliated with such a unit, a nonprofit organization, or a community development corporation, but only pursuant to a grant proposal for redevelopment of a brownfield site or sites, which is submitted to and approved by the Secretary and ensures that the grant will be used for at least one of the following purposes: ``(A) To benefit low and moderate income communities. ``(B) To increase affordable housing opportunities. ``(C) To address imminent threats or urgent community needs. ``(D) To provide open spaces or parks. ``(3) Priority.--In awarding grants under this subsection, the Secretary shall give priority to grant proposals that ensure that the grant will be used for two or more of the objectives specified in subparagraphs (A) through (D) of paragraph (2). ``(4) Availability of assistance.--The Secretary shall not require, for eligibility to a grant under this section, that such grant amounts be used only in connection or conjunction with projects and activities assisted with a loan guaranteed under this section. ``(5) Grant amount.--Each grant award made under this subsection shall be of sufficient size to carry out the goals of this subsection, but shall not exceed $1,000,000. ``(6) Administrative costs.--A recipient of a grant under this subsection may use not more than 10 percent of the amount of the grant for reasonable administrative costs necessary in carrying out the brownfields project for which the grant is made. ``(7) Audits.--The Secretary shall establish and carry out procedures for auditing or reviewing grants made under this subsection. ``(8) Violations.--The Secretary shall establish and implement appropriate measures to sanction grantees who are found to have violated the requirements under this subsection or any grant conditions. ``(9) Definition.--For purposes of this subsection, the term `brownfield site' has the meaning given such term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). ``(10) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated for grants under this subsection $25,000,000 for fiscal year 2008, $50,000,000 for fiscal year 2009, and $75,000,000 for fiscal year 2010. ``(B) Availability.--Any amounts appropriated pursuant to this paragraph shall remain available until expended. ``(11) Report to congress.--The Secretary shall submit a report to the Congress, not later than 30 months after the date of the enactment of the Brownfields Housing and Community Renewal Development Act, on the use and impact of the grant program under this subsection.''.", "summary": "Brownfields Housing and Community Renewal Development Act - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to establish a grants program for redevelopment activities for brownfield sites and abandoned, idled, and underused industrial, commercial, or housing structures located in brownfield sites."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Beneficiaries' Choice Stabilization Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of payment floor for Medicare+Choice payment rates after applying risk-adjustment methodology. Sec. 3. Change in application of budget neutrality adjustment for 2001 and 2002. Sec. 4. Increase in national per capita Medicare+Choice growth percentage in 2001 and 2002. Sec. 5. Increasing minimum payment amount. Sec. 6. Allowing movement to 50:50 percent blend in 2002. Sec. 7. Increased update for payment areas with only one or no Medicare+Choice contracts. Sec. 8. Permitting higher negotiated rates in certain Medicare+Choice payment areas below national average. Sec. 9. 10-year phase in of risk adjustment based on data from all settings. Sec. 10. Delay from July to November, 2000 in deadline for offering and withdrawing Medicare+Choice plans for 2001. Sec. 11. Miscellaneous regulatory changes. SEC. 2. ESTABLISHMENT OF PAYMENT FLOOR FOR MEDICARE+CHOICE PAYMENT RATES AFTER APPLYING RISK-ADJUSTMENT METHODOLOGY. (a) In General.--Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking `or (C)' and inserting `(C), or (D)'; and (2) by adding at the end the following new subparagraph: ``(D) Demographically adjusted fee-for-service per capita expenditures.-- ``(i) In general.--For 2001 and each subsequent year, 90 percent of the adjusted average per capita cost for the year for the Medicare+Choice payment area determined by the Secretary based upon the rule specified under paragraph (4) of section 1876(a) and calculated without regard to the adjustment under paragraph (1)(C) of such section. ``(ii) Special rule for risk adjustment.-- For purposes of applying risk adjustment to the payment amount determined under this subparagraph for a demographic class, the risk adjustment for such demographic class shall be determined under the methodology applied by the Secretary under section 1876(a)(4) without regard to subsection (a)(3) of this section.''. (b) Continuation of Computation of AAPCC Data.--Section 1853(b) of such Act (42 U.S.C. 1395w-23(b)) is amended by adding at the end the following new paragraph: ``(4) Continued computation and publication of county- specific per capita fee-for-service expenditure information.-- Using the most recent data available, the Secretary shall provide for the computation and publication, on an annual basis at the time of publication of the annual Medicare+Choice capitation rates, of information on the level of the average annual per capita costs (described in section 1876(a)(4)) for each Medicare+Choice payment area.''. SEC. 3. ELIMINATION OF BUDGET NEUTRALITY ADJUSTMENT FOR 2001 AND 2002. Section 1853(c) of the Social Security Act (42 U.S.C. 1395w-23(c)) is amended-- (1) in paragraph (1)(A) in the matter following clause (ii), by inserting ``for a year (other than 2001 or 2002)'' after ``multiplied''; and (2) in paragraph (5), by inserting ``(other than 2001 or 2002)'' after ``for each year''. SEC. 4. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH PERCENTAGE IN 2001 AND 2002. Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w- 23(c)(6)(B)) is amended-- (1) in clause (iv), by striking ``for 2001, 0.5 percentage points'' and inserting ``for 2001, 0 percentage points''; and (2) in clause (v), by striking ``for 2002, 0.3 percentage points'' and inserting ``for 2002, 0 percentage points''. SEC. 5. INCREASING MINIMUM PAYMENT AMOUNT. (a) In General.--Section 1853(c)(1)(B)(ii) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(B)(ii)) is amended-- (1) by striking ``(ii) For a succeeding year'' and inserting ``(ii)(I) Subject to subclause (II), for a succeeding year''; and (2) by adding at the end the following new subclause: ``(II) For 2001 for any of the 50 States and the District of Columbia, $450.''. (b) Effective Date.--The amendments made by subsection (a) apply to years beginning with 2001. SEC. 6. ALLOWING MOVEMENT TO 50:50 PERCENT BLEND IN 2002. Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w- 23(c)(2)) is amended-- (1) by striking the period at the end of subparagraph (F) and inserting a semicolon; and (2) by adding after and below subparagraph (F) the following: ``except that a Medicare+Choice organization may elect to apply subparagraph (F) (rather than subparagraph (E)) for 2001 and for 2002.''. SEC. 7. INCREASED UPDATE FOR PAYMENT AREAS WITH ONLY ONE OR NO MEDICARE+CHOICE CONTRACTS. (a) In General.--Section 1853(c)(1)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended-- (1) by striking ``(ii) For a subsequent year'' and inserting ``(ii)(I) Subject to subclause (II), for a subsequent year''; and (2) by adding at the end the following new subclause: ``(II) During 2001, 2002, 2003, 2004, and 2005, in the case of a Medicare+Choice payment area in which there is no more than one contract entered into under this part as of July 1 before the beginning of the year, 102.5 percent of the annual Medicare+Choice capitation rate under this paragraph for the area for the previous year.''. (b) Construction.--The amendments made by subsection (a) do not affect the payment of a first time bonus under section 1853(i) of the Social Security Act (42 U.S.C. 1395w-23(i)). SEC. 8. PERMITTING HIGHER NEGOTIATED RATES IN CERTAIN MEDICARE+CHOICE PAYMENT AREAS BELOW NATIONAL AVERAGE. Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w- 23(c)(1)) is amended-- (1) in the matter before subparagraph (A), by striking ``or (C)'' and inserting ``(C), or (D)''; and (2) by adding at the end the following new subparagraph: ``(D) Permitting higher rates through negotiation.-- ``(i) In general.--For each year beginning with 2004, in the case of a Medicare+Choice payment area for which the Medicare+Choice capitation rate under this paragraph would otherwise be less than the United States per capita cost (USPCC), as calculated by the Secretary, a Medicare+Choice organization may negotiate with the Secretary an annual per capita rate that-- ``(I) reflects an annual rate of increase up to the rate of increase specified in clause (ii); ``(II) takes into account audited current data supplied by the organization on its adjusted community rate (as defined in section 1854(f)(3)); and ``(III) does not exceed the United States per capita cost, as projected by the Secretary for the year involved. ``(ii) Maximum rate described.--The rate of increase specified in this clause for a year is the rate of inflation in private health insurance for the year involved, as projected by the Secretary, and includes such adjustments as may be necessary-- ``(I) to reflect the demographic characteristics in the population under this title; and ``(II) to eliminate the costs of prescription drugs. ``(iii) Adjustments for over or under projections.--If subparagraph is applied to an organization and payment area for a year, in applying this subparagraph for a subsequent year the provisions of paragraph (6)(C) shall apply in the same manner as such provisions apply under this paragraph.''. SEC. 9. 10-YEAR PHASE IN OF RISK ADJUSTMENT BASED ON DATA FROM ALL SETTINGS. Section 1853(a)(3)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended-- (1) by striking the period at the end of subclause (II) and inserting a semicolon; and (2) by adding after and below subclause (II) the following: ``and, beginning in 2004, insofar as such risk adjustment is based on data from all (or substantially all) settings, the methodology shall be phased in equal increments over a 10 year period, beginning with 2004 or (if later) the first year in which such data is used.''. SEC. 10. DELAY FROM JULY TO NOVEMBER, 2000 IN DEADLINE FOR OFFERING AND WITHDRAWING MEDICARE+CHOICE PLANS FOR 2001. Notwithstanding any other provision of law, the deadline for a Medicare+Choice organization to withdraw the offering of a Medicare+Choice plan under part C of title XVIII of the Social Security Act (or otherwise to submit information required for the offering of such a plan) for 2001 is delayed from July 1, 2000, to November 1, 2000, and any such organization that provided notice of withdrawal of such a plan during 2000 before the date of the enactment of this Act may rescind such withdrawal at any time before November 1, 2000. SEC. 11. MISCELLANEOUS REGULATORY CHANGES. (a) Prohibition on Requirement To Submit Encounter Data.--Section 1853(a)(3)(B) of the Social Security Act (42 U.S.C. 1395w-23(a)(3)(B)) is amended-- (1) by designating the matter following ``Data collection'' as a clause (i) with appropriate indentation and the heading ``In general''; and (2) by adding at the end the following new clauses: ``(ii) Issuance of data submission requirements.--The Secretary may not require under clause (i) the submission of encounter data to support a risk adjustment methodology based on all (or substantially all) settings until a reasonable time after the Secretary issues the complete requirements for data submission. Such requirements shall be limited to the minimum data elements necessary to support the risk adjustment methodology. Such system shall be designed to accept the required minimum data elements in a form and manner compatible with Medicare+Choice organizations' operations. ``(iii) Evaluation.--In issuing such data submission requirements, the Secretary must include an evaluation by an outside, independent actuary of whether the proposed data elements are the minimum necessary to support the risk adjustment methodology.''. (b) Post-Stabilization Guidelines.--Section 1852(d)(2) of such Act (42 U.S.C. 1395w-22(d)(2)) is amended by adding at the end the following: ``In prescribing such guidelines-- ``(A) post-stabilization care shall be limited to care related to treatment of the condition that precipitated the provision of emergency services; and ``(B) the provider of emergency services is not authorized to provide post-stabilization care unless-- ``(i) the Medicare+Choice organization has been notified as soon as practicable, but not later than 2 hours after stabilization, in advance of the request to provide such care; ``(ii) the organization has either approved the request or not responded to such request within a reasonable period (of at least 3 hours) after it has been notified; and ``(iii) the emergency services provider maintains a written documentation concerning the notice and the organization's response to such notice.''. (c) Enrollment Process.-- (1) Allowing on-line enrollment.--Section 1851(c)(2) of such Act (42 U.S.C. 1395w-21(c)(2)) is amended by adding at the end the following: ``(C) On-line applications.--Such process shall permit the filing of appropriate election forms under subparagraphs (A) and (B) to be done through electronic means (including use of the Internet).''. (2) Moratorium on changes in medicare+choice enrollment rules.--The Secretary of Health and Human Services shall not make any changes in the enrollment and disenrollment instructions and related materials (including operational policy letters and evidence of coverage) under the Medicare+Choice program under part C of title XVIII of the Social Security Act between the date of the enactment of this Act and January 1, 2002, except as may be specifically and only required to comply with a change in statute.", "summary": "Delays from July to November 2000 the deadline for withdrawing the offer, or rescinding the withdrawal, of Medicare+Choice plans for 2001. Amends SSA title XVIII part C to Medicare+Choice program data collection requirements with regard to: (1) issuance of encounter data submission requirements; (2) post- stabilization guidelines; and (3) on-line enrollment. Prohibits the Secretary from making any changes in the enrollment and disenrollment instructions and related materials (including operational policy letters and evidence of coverage) under Medicare+Choice between enactment of this Act and January 1, 2002, except as may be specifically and only required to comply with a change in statute."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Land and National Park Deferred Maintenance Act'' or the ``LAND Act''. SEC. 2. LAND AND WATER CONSERVATION FUND. (a) Reauthorization.--Section 200302 of title 54, United States Code, is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by striking ``September 30, 2018,'' and inserting ``September 30, 2024''; and (2) in paragraph (1) of subsection (c), by striking ``September 30, 2018'', and inserting ``September 30, 2024''. (b) Funding.--Section 200303 of title 54, United States Code, is amended to read as follows: ``Sec. 200303. Funding ``(a) Funding for Fiscal Years 2018 Through 2024.--From amounts covered into the fund under section 200302 of this chapter-- ``(1) $450,000,000 in each fiscal year shall be available for expenditure to carry out the purposes of this Act, without further appropriation or fiscal year limitation, to carry out the purposes of the Fund (including accounts and programs made available from the Fund under the Consolidated Appropriations Act, 2017 (Public Law 115-31)); and ``(2) the remainder of amounts covered into the fund shall be available subject to appropriations, which may be made without fiscal year limitation. ``(b) Uses.--Amounts made available for obligation or expenditure from the fund may be obligated or expended only as provided in this chapter.''. (c) Allocation and Uses of Funds.--Section 200304 of title 54, United States Code, is amended-- (1) by striking ``There'' and inserting ``(a) In General.-- There''; and (2) by striking the second sentence and inserting the following: ``(b) Allocation.--Of amounts appropriated or expended from the Fund-- ``(1) $180,000,000 shall be used for Federal purposes under section 200306; ``(2) $220,000,000 shall be used-- ``(A) to provide financial assistance to States under section 200305; ``(B) for the Forest Legacy Program established under section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c); ``(C) for the American Battlefield Protection Program established under chapter 3081; and ``(D) for cooperative endangered species grants authorized under section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535); and ``(3) remaining appropriations or expenditures shall be used for activities described under paragraphs (1) and (2). ``(c) Priorities.--The President shall, as part of the President's annual budget submission to Congress, submit to Congress detailed account, program, and project allocations for funds made available under paragraph (b)(1). Acts of appropriation may provide alternate allocations for such amounts. ``(d) Prohibition on Use of Eminent Domain.--No funds made available to a State under this Act may be used for the acquisition of land, water, or an interest in land or water by eminent domain.''. (d) Recreation Access.--Section 200306 of title 54, United States Code, is amended by adding at the end the following: ``(c) Public Access.--Not less than 1.5 percent of amounts appropriated or expended under this chapter in each fiscal year shall be made available for the fiscal year for projects that secure recreational public access to existing Federal public land for hunting, fishing, and other recreational purposes.''. (e) Conforming Amendments.--In title 54, United States Code-- (1) in section 200302, paragraph (3) of subsection (c) is amended by inserting ``or otherwise expended'' after ``Congress''; (2) in section 200304-- (A) the first sentence is amended by inserting ``or expenditures'' after ``appropriations''; and (B) the second sentence is amended by inserting ``or expenditures'' after ``appropriations''; (3) in section 200305-- (A) the matter preceding paragraph (1) of subsection (b) is amended by inserting ``or otherwise provided'' after ``appropriated''; (B) paragraph (1) of subsection (b) is amended by inserting ``expenditures'' after ``appropriations''; and (C) paragraph (2) of subsection (b) is amended by inserting ``expenditure'' after ``appropriation''; and (4) in section 200306-- (A) paragraph (1) is amended by inserting ``or expended'' after ``appropriated''; (B) in paragraph (2), subparagraph (B)(ii) is amended by inserting ``or expended'' after ``appropriated''; (C) paragraph (4) is amended by inserting ``or expenditures'' after ``appropriations'' each time it appears; and (D) subsection (b) is amended by inserting ``or expenditures'' after ``Appropriations'' each time it appears. (f) Clerical Amendment.--The table of sections for chapter 2003 of title 54, United States Code, is amended by striking the item relating to section 200303 and inserting the following: ``200303. Funding.''. SEC. 3. NATIONAL PARK SERVICE MAINTENANCE AND REVITALIZATION CONSERVATION FUND. (a) In General.--There is hereby established in the Treasury a special account to be known as the ``National Park Service and Related Agencies Maintenance and Revitalization Conservation Fund''. (b) Availability of Funds.--For each of fiscal years 2018 through 2024, $450,000,000 shall be available for expenditure to carry out the purposes of this Act, without further appropriation or fiscal year limitation, to carry out the purposes of the Fund. Amounts from the Fund shall not be used for the acquisition of land or interests in land. (c) Deposits.--At the beginning of each applicable fiscal year, there shall be deposited in the Fund $450,000,000 from mineral revenues due and payable to the United States that are not otherwise credited, covered, or deposited under Federal law. (d) Department of the Interior.--Of funds made available under subsection (b) each fiscal year, the Secretary of the Interior shall use the following amounts for high priority deferred maintenance needs that support critical infrastructure and visitor services: (1) $25,000,000 for Federal land under the administrative jurisdiction of the United States Fish and Wildlife Service. (2) $25,000,000 for Federal land under the administrative jurisdiction of the Bureau of Land Management. (3) $375,000,000 for Federal land under the administrative jurisdiction of the National Park Service. (e) Department of Agriculture.--Of funds made available under subsection (b) each fiscal year, the Secretary of Agriculture shall use $25,000,000 for Federal land under the administrative jurisdiction of the Forest Service for high priority deferred maintenance needs that support critical infrastructure and visitor services. SEC. 4. OFFSET. It is the sense of Congress that the costs of carrying out this Act should be offset.", "summary": "Land and National Park Deferred Maintenance Act or the LAND Act This bill extends the Land and Water Conservation Fund (LWCF) through FY2024. From the amounts deposited into the LWCF, $450 million shall be available in each fiscal year for expenditure to carry out the purposes of the Act establishing the LWCF and the purposes of the LWCF. Remaining amounts in the LWCF shall be available subject to appropriations. The bill specifies the use of amounts for federal purposes for certain land and water acquisitions (as currently) and financial assistance to states for LWCF purposes and outdoor recreation, the Forest Legacy Program, cooperative endangered species grants, and the American Battlefield Protection Program. The President must submit to Congress, as part of the annual budget submission, the account, program, and project allocations for funds that are made available from the LWCF for federal purposes. The bill prohibits the use of any funding made available to a state under this bill from being used for the acquisition of lands, waters, or interests in lands or waters by eminent domain. At least 1.5% of appropriated or expended LWCF funds must be available for projects that secure recreational public access to existing federal public land for hunting, fishing, and other recreational purposes. The bill establishes a National Park Service and Related Agencies Maintenance and Revitalization Conservation Fund in the Treasury for the deposit through FY2024 of $450 million from mineral revenues that are not otherwise credited, covered, or deposited under federal law. Of amounts made available from this fund, the Department of the Interior shall use specified amounts for high priority deferred maintenance needs that support critical infrastructure and visitor services. The Department of Agriculture shall use a specified amount for federal lands administered by the Forest Service for such high priority deferred maintenance needs."}
{"article": "SECTION 1. DISALLOWANCE OF DEDUCTION FOR CERTAIN OIL CLEANUP COSTS. (a) General Rule.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to certain items not deductible) is amended by adding at the end thereof the following new section: ``SEC. 280I. DISALLOWANCE OF CERTAIN OIL CLEANUP COSTS. ``(a) General Rule.--Except as otherwise provided in this section, no deduction shall be allowed for any applicable discharge costs. ``(b) Exceptions.-- ``(1) Small spills.--Subsection (a) shall not apply to any applicable discharge costs of any taxpayer which are attributable to any oil discharge involving less than 36,000 gallons of oil. For purposes of the preceding sentence, all discharges at a facility during any 6-month period shall be aggregated and treated as one discharge. ``(2) Facility closed and cleanup completed.--Subsection (a) shall not apply to any applicable discharge costs of the taxpayer which are attributable to any oil discharge from any facility if-- ``(A) the Administrator of the Environmental Protection Agency certifies to the Secretary that all cleanup and other remediation actions required by reason of such discharge have been completed, and ``(B) all operations (whether by the taxpayer or any other person) at such facility involving the transportation, storage, or processing of oil have been permanently terminated. ``(3) Taxpayer with complete liability defense.-- ``(A) In general.--Subsection (a) shall not apply to any applicable discharge costs of any taxpayer which are attributable to any oil discharge if such taxpayer has a complete liability defense with respect to such discharge. ``(B) Complete liability defense.--For purposes of subparagraph (A), a taxpayer has a complete liability defense with respect to any oil discharge, if it is determined under section 1003 of the Oil Pollution Act of 1990 or section 311 of the Clean Water Act that such taxpayer has no liability under section 1002 of the Oil Pollution Act of 1990 or section 311 of the Clean Water Act. ``(c) Applicable Discharge Costs.--For purposes of this section, the term `applicable discharge costs' means any of the following costs incurred in connection with any oil discharge: ``(1) Any costs incurred in removing or attempting to remove the oil. ``(2) Any costs to prevent, minimize, or mitigate pollution or other damages resulting from such discharge. ``(3) Any costs attributable to liabilities for damages, fines, or penalties from such discharge. ``(4) Any costs incurred in determining the amount of the taxpayer's liability for any of the foregoing. ``(5) Any amount deductible on account of the loss of the material discharged or released. ``(d) Oil Discharge.--For purposes of this section, the term `oil discharge' means any discharge (as defined in section 1001 of the Oil Pollution Act of 1990 or section 311 of the Clean Water Act) of oil (as defined in such sections). ``(e) Treatment of Certain Insurance Proceeds, Etc.--Gross income shall include any compensation by insurance or otherwise received with respect to costs for which a deduction is disallowed under subsection (a).'' (b) Prohibition Against Offset by Net Operating Loss Deduction.-- Section 172 of such Code is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Limitation on Use To Offset Deductions Disallowed Under Section 280I.--The deduction allowed under this section shall not reduce taxable income for any taxable year to an amount less than the amount disallowed under section 280I for such taxable year. Appropriate adjustments in the application of subsection (b)(2) shall be made to take into account the provisions of this subsection.'' (c) Clerical Amendment.--The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Sec. 280I. Disallowance of certain oil cleanup costs.'' (d) Effective Date.--The amendments made by this section shall apply in the case of any applicable discharge costs paid after the date of the enactment of this Act. SEC. 2. EXPENSE TREATMENT FOR EXPENDITURE TO REDUCE RISK OF OIL SPILLS. (a) General Rule.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end thereof the following new section: ``SEC. 198. EXPENDITURES TO REDUCE RISKS OF OIL SPILLS. ``(a) Treatment as Expenses.--Any qualified oil facility expenditures paid or incurred by the taxpayer during the taxable year shall be treated as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction for such taxable year. ``(b) Qualified Oil Facility Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified oil facility expenditures' means expenditures which-- ``(A) are paid or incurred in connection with a trade or business of the taxpayer, ``(B) are paid or incurred for purposes of reducing the risk of a discharge of oil from any facility operated by the taxpayer, ``(C) the Administrator of the Environmental Protection Agency has certified to the Secretary as being necessary or appropriate for purposes of reducing the risk of such discharges; and ``(D) the taxpayer elects to take into account under this section. ``(2) Definitions.--For purposes of this subsection, the term `discharge', has the meaning given such term by section 1001 of the Oil Pollution Act of 1990 or section 311 of the Clean Water Act and the term `oil' has the meaning given such term by such sections.'' (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Sec. 198. Expenditures to reduce risks of oil spills.'' (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to disallow a tax deduction for oil cleanup costs, except: (1) spills involving less than 36,000 gallons of oil; (2) facility closures and cleanup completions; and (3) oil discharge costs where the taxpayer has a complete liability defense. Prohibits the net operating loss deduction from reducing taxable income to an amount less than the amount disallowed for oil cleanup costs. Treats qualified oil facility expenditures to reduce risks of oil spills as expenses which are not chargeable to capital account. Allows such expenditures as a deduction."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Iran From Smuggling Weapons to Terrorists Act''. SEC. 2. AUTHORITY TO PROVIDE ASSISTANCE AND TRAINING TO INCREASE MARITIME SECURITY AND DOMAIN AWARENESS OF FOREIGN COUNTRIES BORDERING THE PERSIAN GULF, ARABIAN SEA, OR MEDITERRANEAN SEA. (a) Purpose.--The purpose of this section is to authorize assistance and training to increase maritime security and domain awareness of foreign countries bordering the Persian Gulf, the Arabian Sea, or the Mediterranean Sea in order to deter and counter illicit smuggling and related maritime activity by Iran, including illicit Iranian weapons shipments. (b) Authority.-- (1) In general.--To carry out the purpose of this section as described in subsection (a), the Secretary of Defense, with the concurrence of the Secretary of State, is authorized-- (A) to provide training to the national military or other security forces of Israel, Bahrain, Saudi Arabia, the United Arab Emirates, Oman, Kuwait, and Qatar that have among their functional responsibilities maritime security missions; and (B) to provide training to ministry, agency, and headquarters level organizations for such forces. (2) Designation.--The provision of assistance and training under this section may be referred to as the ``Counter Iran Maritime Initiative''. (c) Types of Training.-- (1) Authorized elements of training.--Training provided under subsection (b)(1)(A) may include the provision of de minimis equipment, supplies, and small-scale military construction. (2) Required elements of training.--Training provided under subsection (b) shall include elements that promote the following: (A) Observance of and respect for human rights and fundamental freedoms. (B) Respect for legitimate civilian authority within the country to which the assistance is provided. (d) Availability of Funds.--Of the amount authorized to be appropriated for fiscal year 2018 and available for operation and maintenance for Defense-wide activities, $50,000,000 shall be available only for the provision of assistance and training under subsection (b). (e) Cost Sharing.-- (1) Sense of congress.--It is the sense of Congress that, given income parity among recipient countries, the Secretary of Defense, with the concurrence of the Secretary of State, should seek, through appropriate bilateral and multilateral arrangements, payments sufficient in amount to offset any training costs associated with implementation of subsection (b). (2) Cost-sharing agreement.--The Secretary of Defense, with the concurrence of the Secretary of State, shall negotiate a cost-sharing agreement with a recipient country regarding the cost of any training provided pursuant to subsection (b). The agreement shall set forth the terms of cost sharing that the Secretary of Defense determines are necessary and appropriate, but such terms shall not be less than 50 percent of the overall cost of the training. (3) Credit to appropriations.--The portion of such cost sharing received by the Secretary of Defense pursuant to this subsection may be credited towards appropriations available for operation and maintenance for Defense-wide activities. (f) Notice to Congress on Training.--Not later than 15 days before exercising the authority under subsection (b) with respect to a recipient country, the Secretary of Defense shall submit to the appropriate congressional committees a notification containing the following: (1) An identification of the recipient country. (2) A detailed justification of the program for the provision of the training concerned, and its relationship to United States security interests. (3) The budget for the program, including a timetable of planned expenditures of funds to implement the program, an implementation timeline for the program with milestones (including anticipated delivery schedules for any assistance and training under the program), the military department or component responsible for management of the program, and the anticipated completion date for the program. (4) A description of the arrangements, if any, to support recipient country sustainment of any capability developed pursuant to the program, and the source of funds to support sustainment efforts and performance outcomes to be achieved under the program beyond its completion date, if applicable. (5) A description of the program objectives and an assessment framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient force. (6) Such other matters as the Secretary considers appropriate. (g) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (h) Termination.--Assistance and training may not be provided under this section after September 30, 2021.", "summary": "Stop Iran From Smuggling Weapons to Terrorists Act This bill authorizes the Department of Defense (DOD) to provide training to: (1) the national military or other security forces of Israel, Bahrain, Saudi Arabia, the United Arab Emirates, Oman, Kuwait, and Qatar that have among their functional responsibilities maritime security missions; and (2) ministry, agency, and headquarters level organizations for such forces. Such assistance and training may be referred to as the Counter Iran Maritime Initiative. Such training: (1) may include the provision of de minimis equipment, supplies, and small-scale military construction; and (2) shall include the promotion of human rights and respect for legitimate civilian authority. It is the sense of Congress that DOD should seek payments from such countries to offset training costs. DOD shall negotiate a training cost-sharing agreement with a recipient country that covers at least 50% of related costs."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Post-Prostate Cancer Treatment Equity Act of 2007''. (b) Findings.--Congress finds the following: (1) Prostate cancer will strike about one in six men during their lifetime. (2) Many of these men will have a prostatectomy and about half of those will experience significant complications. (3) For some 6,000 of these men annually reconstructive prosthetic urology surgery is their only option to address these complications. (4) Medicare covers reconstructive prosthetic urology surgery, as does two-third of private health benefits coverage. However, about one-third of private health benefits coverage does not cover this surgery. (5) To address a similar concern with respect to breast cancer, Congress enacted the Women's Health and Cancer Rights Act of 1998 that requires private health benefits coverage to provide coverage for reconstructive surgery following mastectomies. (6) Men should have a right to access to reconstructive surgery following a prostatectomy just as women have the right to access to reconstructive surgery following a mastectomy. SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 714. REQUIRED COVERAGE FOR RECONSTRUCTIVE PROSTHETIC UROLOGY SURGERY FOLLOWING PROSTATE CANCER TREATMENT. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides medical and surgical benefits with respect to prostate cancer treatment shall provide, in a case of a participant or beneficiary who is receiving benefits in connection with such prostate cancer treatment, coverage for-- ``(1) all stages of reconstructive prosthetic urology surgery; and ``(2) prostheses and physical complications of prostatectomy; in a manner determined in consultation with the attending physician and the patient. Such coverage may be subject to annual deductibles and coinsurance provisions as may be deemed appropriate and as are consistent with those established for other benefits under the plan or coverage. Written notice of the availability of such coverage shall be delivered to the participant upon enrollment and annually thereafter. ``(b) Notice.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted-- ``(1) in the next mailing made by the plan or issuer to the participant or beneficiary; ``(2) as part of any yearly informational packet sent to the participant or beneficiary; or ``(3) not later than January 1, 2008; whichever is earlier. ``(c) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a patient eligibility or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purposes of avoiding the requirements of this section; and ``(2) penalize or otherwise reduce or limit the reimbursement of an attending provider, or provide incentives (monetary or otherwise) to an attending provider, to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(d) Rule of Construction.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(e) Preemption, Relation to State Laws.-- ``(1) In general.--Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage of reconstructive prosthetic urology surgery otherwise required in this section. ``(2) ERISA.--Nothing in this section shall be construed to affect or modify the provisions of section 514 with respect to group health plans.''. (b) Clerical Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Required coverage for reconstructive prosthetic urology surgery following prostate cancer treatment.''. (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply with respect to plan years beginning on or after the first day of the sixth month beginning after the date of the enactment of this Act. (2) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representative and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Group Market.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following new section: ``SEC. 2707. REQUIRED COVERAGE FOR RECONSTRUCTIVE PROSTHETIC UROLOGY SURGERY FOLLOWING PROSTATE CANCER TREATMENT. ``The provisions of section 714 of the Employee Retirement Income Security Act of 1974 shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart.''. (b) Individual Market.--Subpart 3 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et seq.) is amended by adding at the end the following new section: ``SEC. 2753. REQUIRED COVERAGE FOR RECONSTRUCTIVE PROSTHETIC UROLOGY SURGERY FOLLOWING PROSTATE CANCER TREATMENT. ``The provisions of section 2707 of the title shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Dates.-- (1) Group plans.-- (A) In general.--The amendment made by subsection (a) shall apply to group health plans for plan years beginning on or after the first day of the sixth month beginning after the date of the enactment of this Act. (B) Special rule for collective bargaining agreement.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by the amendment made by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (2) Individual plans.--The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the first day of the sixth month beginning after the date of the enactment of this Act.", "summary": "Post-Prostate Cancer Treatment Equity Act of 2007 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to require a group health plan that provides medical and surgical benefits with respect to prostate cancer treatment to provide coverage for: (1) all stages of reconstructive prosthetic urology surgery; and (2) prostheses and physical complications of prostatectomy. Requires plans to provide notice of the coverage. Prohibits a group health plan from: (1) denying to a patient eligibility or continued eligibility solely to avoid the requirements of this Act; or (2) penalizing or otherwise reducing or limiting the reimbursement of a provider or providing incentives to induce such provider to provide care to a participant or beneficiary in a manner inconsistent with this Act. Applies such requirements to coverage offered in the individual market."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Checking Freedom Act of 2003''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account which is a deposit or account on which interest or dividends are paid and is not a deposit or account described in subsection (a)(2) to make up to 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order), for any purpose, to another account of the owner in the same institution. An account offered pursuant to this subsection shall be considered a transaction account for purposes of section 19 of the Federal Reserve Act unless the Board of Governors of the Federal Reserve System determines otherwise.''. SEC. 3. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following new paragraph: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution may receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate or rates not to exceed the general level of short-term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(A), in a Federal reserve bank by any such entity on behalf of depository institutions. ``(C) Depository institutions defined.--For purposes of this paragraph, the term `depository institution', in addition to the institutions described in paragraph (1)(A), includes any trust company, corporation organized under section 25A or having an agreement with the Board under section 25, or any branch or agency of a foreign bank (as defined in section 1(b) of the International Banking Act of 1978).''. (b) Authorization for Pass Through Reserves for Member Banks.-- Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) is amended by striking ``which is not a member bank''. (c) Technical and Conforming Amendments.--Section 19 of the Federal Reserve Act (12 U.S.C. 461) is amended-- (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 4. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(2)(A)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent (and which may be zero)''; and (2) in clause (ii), by striking ``and not less than 8 per centum,'' and inserting ``(and which may be zero),''. SEC. 5. TRANSFER OF FEDERAL RESERVE SURPLUSES. (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C. 289(b)) is amended by adding at the end the following new paragraph: ``(4) Additional transfers to cover interest payments for fiscal years 2003 through 2007.-- ``(A) In general.--In addition to the amounts required to be transferred from the surplus funds of the Federal reserve banks pursuant to subsection (a)(3), the Federal reserve banks shall transfer from such surplus funds to the Board for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, such sums as are necessary to equal the net cost of section 19(b)(12) in each of the fiscal years 2003 through 2007. ``(B) Allocation by federal reserve board.--Of the total amount required to be paid by the Federal reserve banks under subparagraph (A) for fiscal years 2003 through 2007, the Board shall determine the amount each such bank shall pay in such fiscal year. ``(C) Replenishment of surplus fund prohibited.-- During fiscal years 2003 through 2007, no Federal reserve bank may replenish such bank's surplus fund by the amount of any transfer by such bank under subparagraph (A).''. (b) Technical and Conforming Amendment.--Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end the following new paragraph: ``(3) Payment to treasury.--During fiscal years 2003 through 2007, any amount in the surplus fund of any Federal reserve bank in excess of the amount equal to 3 percent of the paid-in capital and surplus of the member banks of such bank shall be transferred to the Secretary of the Treasury for deposit in the general fund of the Treasury.''.", "summary": "Business Checking Freedom Act of 2003 - Amends Federal law to authorize interest-bearing transaction accounts for all businesses, permitting up to 24 transfers per month (or any greater number the Federal Reserve Board may determine) to another account of the owner in the same institution.Authorizes the payment of interest by a Federal reserve bank at least quarterly on balances maintained there on behalf of a depository institution.Amends the Federal Reserve Act to revise the ratio of reserves a depository institution must maintain against its transaction accounts, permitting a ratio of zero.Directs the Federal Reserve banks in FY 2003 through 2007 to transfer to the Board for transfer to the Secretary of the Treasury, for deposit in the general fund, additional surplus funds equal to the net cost of their interest payments to depository institutions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Local Government Economic Empowerment Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) As of the date of the enactment of this Act, money is principally created in the domestic economy by banks through the process known as ``deposit expansion'' under which credit is extended by banks to customers in exchange for the assumption of an obligation by each customer to repay the amount of any such credit with interest. (2) The creation of money through the extension of credit and creation of debt, a traditional banking function, preceded the establishment by the Congress of, first, the national banking system and, subsequently, the Federal Reserve System. (3) The constitutional authority to create and regulate money does not limit the Federal Government to creating money through the production of coins or currency or the process of debt creation but, except for a brief period during the administration of President Lincoln, the Federal Government has not exercised such authority more broadly. (4) The creation of money by the banks in conjunction with the Federal reserve banks does not limit the constitutional authority of the Congress to create Government credit funds in the form of noninterest bearing credit to fund a legislatively approved program or prevent the Congress from creating such funds. (5) The creation of noninterest-bearing government credit funds in measured or limited increments for the purpose of funding capital and environmental projects in the public interest-- (A) will allow projects to be built for \\1/2\\ to \\1/3\\ the normal cost; and (B) will allow more necessary projects to be built at a lower cost to the taxpayers and at the same time build additional wealth in the communities where such projects are located. SEC. 3. CREATION OF MONEY. (a) In General.--Pursuant to the exercise by the Congress of the authority contained in the 5th clause of section 8 of Article I of the Constitution, the Secretary of the Treasury shall have money available for purposes of this Act in an amount equal to the product of-- (1) the population of the United States, as determined by the Secretary of Commerce on the basis of the 1990 census; and (2) $1,400. (b) Loan Agreement.--The money referred to in section 3(a) shall be created by having the Secretary of the Treasury and the Board of Governors of the Federal Reserve System enter into a Loan Agreement in accordance with the following requirements: (1) The Board shall lend the United States Treasury an amount up to a total of $360,000,000,000 at the rate of not more than $72,000,000,000 per annum (on a cumulative basis) in each of the 5 years commencing 60 days after the date of the enactment of this Act. (2) The Secretary of the Treasury shall pay an annual fee to the Board (the amount to be negotiated between the Secretary and the Board) to cover the administrative costs the Board incurs in acting as the agent of the Administrator appointed under section 4(b). The amount of this administration fee each year shall be charged to the recipients of the noninterest bearing loans made to them during the year pursuant to section 7(e), pro rata to the amount of such loans. (c) Exercise of Sovereign Capacity to Create Money.-- (1) In general.--Any amount made available pursuant to this Act shall be treated as money created in the sovereign and exclusive capacity of the United States, in accordance with the Constitution, to create money. (2) Expenditure of tax revenue or borrowed funds not authorized.--No provision of this Act shall be construed as authorizing the expenditure of funds derived from revenues imposed and collected by the United States Government under any provision of law or from amounts borrowed by the United States Government pursuant to chapter 31 of title 31, United States Code, or any other provision of law. (d) Budget Treatment.-- (1) Nonapplicability of provisions applicable to receipt and expenditures of revenue and borrowed funds.--For purposes of title 31, United States Code, the Congressional Budget and Impoundment Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, the Budget Enforcement Act of 1990, or any other provision of law-- (A) money created under this section shall not be treated as revenue when it is created or made available to the Administrator under section 4(b) nor shall it be treated as revenue by the Administrator or by the Secretary of the Treasury when the loans referred to in section 6 are repaid; (B) the money created under this section and the interest-free loan program established under section 6-- (i) shall not be treated as budget authority, new budget authority, budgetary resources, spending authority, new spending authority, entitlement authority, or credit authority; (ii) shall not be subject to apportionment or sequestration other than in accordance with the provisions of sections 4, 5, and 6; and (iii) shall not be taken into account in the determination of the baseline for any fiscal year; and (C) the disbursement of money created under this section shall not be treated as an outlay or a budget outlay. (e) Bank Reserve Requirements.--No provision of this Act shall be construed as affecting any authority of the Board to adjust bank reserve requirements, as appropriate. SEC. 4. ADMINISTRATION OF THE ACT. (a) In General.--The Administrator of this Act shall be under the Department of the Treasury. (b) Management.--An Administrator shall be appointed by, and accountable to, the Secretary of the Treasury. (c) Duties of Administrator.-- (1) In general.--The Administrator shall be solely responsible for disbursing, pursuant to section 6, funds created under this Act and otherwise carrying out the duties imposed under this Act. (2) Appointment of agent.--The Administrator may appoint the Board or any Federal reserve bank as an agent of the Administrator to perform such duties of the Administrator under this Act that the Administrator sees fit to delegate to the Board or any such bank. (d) United States Government General Checking Account.-- (1) Deposit.--Checks drawn on the money created under section 3 shall be deposited to the credit of the United States Government in a United States Government general checking account at a Federal reserve bank. (2) Disbursements from account.--All disbursements of loans under section 6 shall be made with United States Government checks from the account referred to in paragraph (1). (e) Loan Repayment Account.--The Administrator shall establish and maintain a separate checking account in a Federal reserve bank for the deposit of any repayment of principal on loans made under section 6. SEC. 5. ELIGIBILITY OF STATE AND LOCAL GOVERNMENTS FOR INTEREST-FREE LOANS. (a) In General.--Subject to subsection (b), each State, county, township, incorporated municipality, school district, and Indian tribe shall be entitled to obtain a loan from the Administrator in accordance with section 6, unless such unit of government is delinquent in repaying a prior loan. (b) Maximum Amount Limitation.--The total amount of money to which any entity described in subsection (a) is eligible to borrow under this section shall not exceed the amount equal to the product of-- (1) the resident population, as determined by the Secretary of Commerce on the basis of the 1990 census, of the geographic territory over which the entity has jurisdiction (or, in the case of a school district, the latest official enrollment figures as reported to the State in which the school district resides); and (2) the amount equal to-- (A) in the case of a State, $200; (B) in the case of a county (as defined in section 2 of title 1, United States Code), $100; if the State has no township form of government, this amount shall be $200; (C) in the case of an incorporated municipality, $600; (D) in the case of any township, $100; (E) in the case of any school district, $2,400; and (F) in the case of an Indian tribe, $1,000. SEC. 6. ISSUANCE OF INTEREST-FREE LOANS. Subject to sections 5(b) and 7, the Administrator shall issue an interest-free loan from the money created under section 3 to any government unit described in section 5(a) if the Administrator obtains such assurances as the Administrator determines to be appropriate from the unit that-- (1) the proceeds of such loan will be used solely for the purpose of-- (A) funding capital projects of the governmental unit, including the construction of or improvements to-- (i) school facilities; (ii) streets, highways, bridges, and tunnels; (iii) water and sewer systems; (iv) waste disposal systems; (v) public housing facilities; (vi) public buildings and other public facilities; and (vii) environmental facilities; or (B) the cleanup of toxic waste sites or other environmental improvements. SEC. 7. ADMINISTRATIVE PROVISIONS. (a) Disbursement Requirements.--Loans made under section 6 shall be disbursed by the Administrator-- (1) in a lump sum for the full amount of the loan; or (2) if the Administrator determines that partial disbursements are appropriate in the case of loans for construction projects in order to accommodate a greater number of loan requests, over the construction period of the project. (b) Minimum Phase-In Period.--Disbursements on all eligible loans approved under section 6 shall begin before the end of the 5-year period beginning on the date of the enactment of this Act. (c) Period to Maturity.--The period to maturity of any loan made under section 6 shall be the estimated number of years of the useful life of the infrastructure installation (if any) which is financed by the loan, but, in any case, shall be a minimum of 10 years and a maximum of 30 years. (d) Applicability of State Law.--The number or the principal amounts of interest-free loans made under section 6 to any governmental unit established by a State, or the period to maturity of any such loan, may not exceed the maximum number, amount, or period to maturity established under the law of such State, unless the State provides a waiver from any such limitation with respect to any such governmental unit. (e) Administrative Fees.--The Administrator shall impose an administrative fee on each recipient of a loan under section 6 in an amount not to exceed the lesser of-- (1) 0.25 percent of the total amount of the loan; or (2) the amount sufficient to cover all administrative costs incurred by the Administrator, including overhead, for making and administering that particular loan. (f) Terms of Repayment.--The repayment terms of any loan under section 6 shall require quarterly payments by the recipient in equal amounts determined by dividing-- (1) the sum of the principal and the administrative fees applicable with respect to such loan; by (2) the number of calendar quarters any portion of which falls within the period to maturity of the loan. (g) Collections of Past Due Amounts and Collection Fees.-- (1) Enforced collections.--The Administrator shall take action to enforce collection of past due amounts of any loan on which 4 or more quarterly payments are due and payable. (2) Impoundment of delinquent amount.--In the case of any delinquent loan described in paragraph (1), the Administrator may seek an order from any district court of the United States of appropriate jurisdiction directing a United States marshall to impound, under authority of this section, any available funds of the debtor in an amount equal to the amount currently due as of the date of such action to reduce or eliminate the delinquency. (3) Waiver of debtor's right to defend against collection.--As a condition for receiving any loan under section 6, the recipient shall waive any right to take any legal action to prevent or defend against the collection by the Administrator of any amount which the parties agree is past due. (4) Cost of collection.--The costs incurred by the Administrator in collecting any amount under this subsection with respect to any loan shall be added to and treated as a part of the principal amount of the loan. (5) Balance of loan principal and fees payable in accordance with terms of loan.--A debtor who is subject to collection proceedings under this subsection for any delinquent portion of a loan under section 6 shall continue to meet the repayment schedule applicable to such loan for the remaining amount of principal and fees. SEC. 8. DISPOSITION OF FUNDS UPON REPAYMENT. The Administrator shall, at such times and in such amounts as the Administrator determines to be appropriate, transfer amounts in the loan repayment account referred to in section 4(e) hereof to the United States Government general checking account referred to in section 4(d)(1). SEC. 9. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Administrator.--The term ``Administrator'' means the Administrator appointed by the Secretary of the Treasury. (2) Board.--The term ``Board'' means the Board of Governors of the Federal Reserve System. (3) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, pueblo, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (4) Secretary.--Except when used in connection with a reference to the Secretary of Commerce, the term ``Secretary'' means the Secretary of the Treasury. (5) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Northern Mariana Islands.", "summary": "State and Local Government Economic Empowerment Act - Directs the Secretary of the Treasury to have money available for purposes of this Act (i.e., the creation of non-interest-bearing Government credit funds in measured or limited increments for the purpose of funding capital and environmental projects in the public interest) in an amount equal to the product of: (1) the U.S. population, as determined by the Secretary of Commerce on the basis of the 1990 census; and (2) $1,400. Requires that the money be created by having the Secretary and the Board of Governors of the Federal Reserve System enter into a loan agreement whereby: (1) the Board shall lend the U.S. Treasury a sum up to $360 billion at the rate of not more than $72 billion per annum (on a cumulative basis) in each of the five years commencing 60 days after this Act's enactment date; and (2) the Secretary shall pay an annual fee to the Board to cover administrative costs that the Board incurs in acting as the agent of the Administrator appointed by the Secretary. Treats any amount made available pursuant to this Act as money created in the sovereign and exclusive capacity of the United States to create money. Specifies that: (1) money created under this section shall not be treated as revenue when it is created or made available to the Administrator, nor when the loans are repaid; (2) the money created and the interest-free loan program established under this Act shall not be treated as budget authority, shall not be subject to apportionment or sequestration other than in accordance with this Act, and shall not be taken into account in the determination of the baseline for any fiscal year; and (3) the disbursement of money created under this Act shall not be treated as an outlay or a budget outlay. (Sec. 5) Entitles each State, county, township, incorporated municipality, school district, and Indian tribe to obtain a loan from the Administrator, unless such governmental unit is delinquent in repaying a prior loan, subject to specified limitations. (Sec. 6) Directs the Administrator to issue an interest-free loan from the money created to any such government unit if the Administrator obtains assurances that the proceeds will be used solely for the purpose of: (1) funding capital projects of such unit, including the construction of or improvements to school facilities, streets, water and sewer systems, and public and environmental facilities; or (2) the cleanup of toxic waste sites or other environmental improvements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Taiwan Airpower Modernization Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings. (1) The Department of Defense, in its 2011 report to Congress on ``Military and Security Developments Involving the People's Republic of China,'' found that ``China continued modernizing its military in 2010, with a focus on Taiwan contingencies, even as cross-Strait relations improved. The PLA seeks the capability to deter Taiwan independence and influence Taiwan to settle the dispute on Beijing's terms. In pursuit of this objective, Beijing is developing capabilities intended to deter, delay, or deny possible U.S. support for the island in the event of conflict. The balance of cross-Strait military forces and capabilities continues to shift in the mainland's favor.'' In this report, the Department of Defense also concludes that, over the next decade, China's air force will remain primarily focused on ``building the capabilities required to pose a credible military threat to Taiwan and U.S. forces in East Asia, deter Taiwan independence, or influence Taiwan to settle the dispute on Beijing's terms''. (2) The Defense Intelligence Agency (DIA) conducted a preliminary assessment of the status and capabilities of Taiwan's air force in an unclassified report, dated January 21, 2010. The DIA found that, ``[a]lthough Taiwan has nearly 400 combat aircraft in service, far fewer of these are operationally capable.'' The report concluded, ``Many of Taiwan's fighter aircraft are close to or beyond service life, and many require extensive maintenance support. The retirement of Mirage and F-5 aircraft will reduce the total size of the Taiwan Air Force.'' (3) Since 2006, authorities from Taiwan have made repeated requests to purchase 66 F-16C/D multirole fighter aircraft from the United States, in an effort to modernize the air force of Taiwan and maintain its self-defense capability. (4) According to a report by the Perryman Group, a private economic research and analysis firm, the requested sale of F- 16C/Ds to Taiwan ``would generate some $8,700,000,000 in output (gross product) and more than 87,664 person-years of employment in the US,'' including 23,407 direct jobs, while ``economic benefits would likely be realized in 44 states and the District of Columbia''. (5) The sale of F-16C/Ds to Taiwan would both sustain existing high-skilled jobs in key United States manufacturing sectors and create new ones. (6) On August 1, 2011, a bipartisan group of 181 members of the House of Representatives sent a letter to the President, expressing support for the sale of F-16C/Ds to Taiwan. On May 26, 2011, a bipartisan group of 45 members of the Senate sent a similar letter to the President, expressing support for the sale. Two other members of the Senate wrote separately to the President or the Secretary of State in 2011 and expressed support for this sale. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) a critical element to maintaining peace and stability in Asia in the face of China's two-decade-long program of military modernization and expansion of military capabilities is ensuring a militarily strong and confident Taiwan; (2) a Taiwan that is confident in its ability to deter Chinese aggression will increase its ability to proceed in developing peaceful relations with China in areas of mutual interest; (3) the cross-Strait military balance between China and our longstanding strategic partner, Taiwan, has clearly shifted in China's favor; (4) China's military expansion poses a clear and present danger to Taiwan, and this threat has very serious implications for the ability of the United States to fulfill its security obligations to allies in the region and protect our vital United States national interests in East Asia; (5) Taiwan's air force continues to deteriorate, and it needs additional advanced multirole fighter aircraft in order to modernize its fleet and maintain a sufficient self-defense capability; (6) the United States has a statutory obligation under the Taiwan Relations Act (22 U.S.C. 3301 et seq.) to provide Taiwan the defense articles necessary to enable Taiwan to maintain sufficient self-defense capabilities, in furtherance of maintaining peace and stability in the western Pacific region; (7) in order to comply with the Taiwan Relations Act, the United States must provide Taiwan with additional advanced multirole fighter aircraft, as well as significant upgrades to Taiwan's existing fleet of multirole fighter aircraft; and (8) the proposed sale of F-16C/D multirole fighter aircraft to Taiwan would have significant economic benefits to the United States economy. SEC. 4. SALE OF F-16 AIRCRAFT TO TAIWAN. The President shall carry out the sale of no fewer than 66 F-16C/D multirole fighter aircraft to Taiwan.", "summary": "Taiwan Air Power Modernization Act of 2011 - Expresses the sense of Congress that: (1) a critical element to maintaining peace and stability in Asia in the face of China's military expansion is ensuring a militarily strong Taiwan, (2) the United States has a statutory obligation under the Taiwan Relations Act to help Taiwan maintain sufficient self-defense capabilities, and (3) the proposed fighter aircraft sale to Taiwan would have significant economic benefits to the U.S. economy. Directs the President to carry out the sale of no fewer than 66 F-16C/D multirole fighter aircraft to Taiwan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) the ownership of private property plays an important role in the economic and social well-being of the Nation; (2) the protection of private property from a taking by the Government without just compensation is an integral protection for private citizens incorporated into the United States Constitution by the fifth amendment and made applicable to the States by the fourteenth amendment; (3) Federal agency actions that restrict the use of private property and result in a significant diminution in value of such property constitute a taking of that property and should be properly compensated; (4) Federal agencies should consider the impact of agency actions, including regulations, on the use and ownership of private property; and (5) owners of private property that is taken by a Federal agency action should be permitted to seek relief in Federal district court. SEC. 3. STATEMENT OF POLICY. The policy of the Federal Government is to protect the health, safety, and general welfare of the public in a manner that, to the extent practicable, avoids takings of private property. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``agency'' means a department, agency, independent agency, or instrumentality of the United States, including any military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the United States Government; (2) the term ``agency action'' means any action, inaction, or decision taken by an agency and includes such an action, inaction, or decision taken by, or pursuant to-- (A) a statute, rule, regulation, order, guideline, or policy; or (B) the issuance, denial, or suspension of any permit, license, or authorization; (3) the term ``owner'' means the person with title, possession, or other property rights in property affected by any taking of such property; and (4) the term ``taking of private property'' means any action whereby private property is taken in such a way as to require compensation under the fifth amendment to the United States Constitution. SEC. 5. REQUIREMENT FOR PRIVATE PROPERTY TAKING IMPACT ANALYSIS. (a) In General.--To the fullest extent possible-- (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies under this Act; and (2) subject to subsection (b), each agency shall complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property. (b) Nonapplication.--Subsection (a)(2) shall not apply to-- (1) an action in which the power of eminent domain is formally exercised; (2) an action taken-- (A) with respect to property held in trust by the United States; or (B) in preparation for, or in connection with, treaty negotiations with foreign nations; (3) a law enforcement action, including seizure, for a violation of law, of property for forfeiture or as evidence in a criminal proceeding; (4) a communication between an agency and a State or local land-use planning agency concerning a planned or proposed State or local activity that regulates private property, regardless of whether the communication is initiated by an agency or is undertaken in response to an invitation by the State or local authority; (5) the placement of a military facility or a military activity involving the use of solely Federal property; (6) any military or foreign affairs function (including a procurement function under a military or foreign affairs function), but not including the civil works program of the Army Corps of Engineers; and (7) any case in which there is an immediate threat to health or safety that constitutes an emergency requiring immediate response or the issuance of a regulation under section 553(b)(B) of title 5, United States Code, if the taking impact analysis is completed after the emergency action is carried out or the regulation is published. (c) Content of Analysis.--A private property taking impact analysis shall be a written statement that includes-- (1) the specific purpose of the agency action; (2) an assessment of the likelihood that a taking of private property will occur under such agency action; (3) an evaluation of whether such agency action is likely to require compensation to private property owners; (4) alternatives to the agency action that would-- (A) achieve the intended purposes of the agency action; and (B) lessen the likelihood that a taking of private property will occur; and (5) an estimate of the potential liability of the Federal Government if the Government is required to compensate a private property owner as a result of the agency action. (d) Submission to OMB.--Each agency shall provide the analysis required under this section as part of any submission otherwise required to be made to the Office of Management and Budget relating to an agency action. (e) Public Availability of Analysis.--An agency shall-- (1) make each private property taking impact analysis available to the public; and (2) to the greatest extent practicable, transmit a copy of such analysis to the owner and any other person with a property right or interest in the affected property. SEC. 6. ALTERNATIVES TO TAKING OF PRIVATE PROPERTY. Before taking any final agency action, the agency shall fully consider alternatives described in section 5(c)(4) and shall, to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. SEC. 7. CIVIL ACTION. (a) Standing.--If an agency action results in the taking of private property, the owner of such property may obtain appropriate relief in a civil action against the agency that has caused the taking to occur. (b) Jurisdiction.--Notwithstanding sections 1346 or 1491 of title 28, United States Code-- (1) a civil action against the agency may be brought in either the United States District Court in which the property at issue is located or in the United States Court of Federal Claims, regardless of the amount in controversy; and (2) if property is located in more than 1 judicial district, the claim for relief may be brought in any district in which any part of the property is located. SEC. 8. GUIDANCE AND REPORTING REQUIREMENTS. (a) Guidance.--The Attorney General shall provide legal guidance in a timely manner, in response to a request by an agency, to assist the agency in complying with this Act. (b) Reports.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and at the end of each 1-year period thereafter, each agency shall submit a report to the Director of the Office of Management and Budget and the Attorney General that identifies-- (A) each agency action that has resulted in the preparation of a taking impact analysis; (B) the filing of a taking claim; and (C) any award of compensation pursuant to the just compensation clause of the fifth amendment to the Constitution. (2) Publication of reports.--The Director of the Office of Management and Budget and the Attorney General shall publish in the Federal Register, on an annual basis, a compilation of the reports of all agencies made under this paragraph. SEC. 9. PRESUMPTIONS IN PROCEEDINGS. For the purpose of any agency action or administrative or judicial proceeding, there shall be a rebuttable presumption that the costs, values, and estimates in any private property takings impact analysis shall be outdated and inaccurate, if-- (1) such analysis was completed 5 years or more before the date of such action or proceeding; and (2) such costs, values, or estimates have not been modified within the 5-year period preceding the date of such action or proceeding. SEC. 10. RULES OF CONSTRUCTION. Nothing in this Act shall be construed to-- (1) limit any right or remedy, constitute a condition precedent or a requirement to exhaust administrative remedies, or bar any claim of any person relating to such person's property under any other law, including claims made under this Act, section 1346 or 1402 of title 28, United States Code, or chapter 91 of title 28, United States Code; or (2) constitute a conclusive determination of-- (A) the value of any property for purposes of an appraisal for the acquisition of property, or for the determination of damages; or (B) any other material issue. SEC. 11. EFFECTIVE DATE. This Act shall take effect 120 days after the date of enactment of this Act.", "summary": "Private Property Rights Act of 1997 - States that the policy of the Federal Government is to protect the health, safety, and welfare of the public in a manner that, to the extent practicable, avoids takings of private property. (Sec. 5) Directs each Federal agency to complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required under this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) relating to an agency action. (Sec. 6) Requires the agency, before taking any final agency action, to fully consider alternatives described in this Act, and to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. (Sec. 7) Allows the owner of private property, if an agency action results in the taking of such property, to obtain appropriate relief in a civil action against the agency that has caused the taking to occur. Provides for a civil action against the agency to be brought: (1) in either the U.S. District Court in which the property at issue is located or in the U.S. Court of Federal Claims (currently), regardless of the amount in controversy; and (2) if the property is located in more than one judicial district, in any district in which any part of the property is located. (Sec. 8) Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, and any award of compensation pursuant to the Just Compensation Clause of the fifth amendment to the Constitution. (Sec. 9) Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Mammogram Availability Act of 1999''. (b) Findings.--Congress finds the following: (1) Breast cancer is the single leading cause of death for women between the ages of 40 and 49 in the United States (2) An expert panel convened by the National Institutes of Health recommended on January 23, 1997, that all women between the ages of 40 and 49 should choose for themselves, following consultation with their health care provider, whether to undergo screening mammography. (3) The same panel unanimously recommended that for women between the ages of 40 and 49 who choose to have a screening mammogram, costs of the mammograms should be reimbursed by third-party payers or covered by health maintenance organizations. SEC. 2. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER GROUP HEALTH PLANS. (a) Public Health Service Act Amendments.-- (1) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) Requirements for Coverage of Annual Screening Mammography.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for diagnostic mammography for any woman who is 40 years of age or older shall provide coverage for annual screening mammography for such a woman under terms and conditions that are not less favorable than the terms and conditions for coverage of diagnostic mammography. ``(2) Diagnostic and screening mammography defined.--For purposes of this section-- ``(A) The term `diagnostic mammography' means a radiologic procedure that is medically necessary for the purpose of diagnosing breast cancer and includes a physician's interpretation of the results of the procedure. ``(B) The term `screening mammography' means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny coverage for annual screening mammography on the basis that the coverage is not medically necessary or on the basis that the screening mammography is not pursuant to a referral, consent, or recommendation by any health care provider; ``(2) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(3) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(5) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a woman who is a participant or beneficiary to undergo annual screening mammography. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for diagnostic mammography. ``(3) Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for screening mammography under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost- sharing for any portion may not be greater than such coinsurance or cost-sharing that is otherwise applicable with respect to benefits for diagnostic mammography. ``(4) Women between the ages of 40 and 49 should (but are not required to) consult with appropriate health care practitioners before undergoing screening mammography, but nothing in this section shall be construed as requiring the approval of such a practitioner before undergoing an annual screening mammography. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage, that requires coverage to be provided for annual screening mammography for women who are 40 years of age or older and that provides at least the protections described in subsection (b). ``(2) Construction.--Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (b) ERISA Amendments.-- (1) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) Requirements for Coverage of Annual Screening Mammography.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for diagnostic mammography for any woman who is 40 years of age or older shall provide coverage for annual screening mammography for such a woman under terms and conditions that are not less favorable than the terms and conditions for coverage of diagnostic mammography. ``(2) Diagnostic and screening mammography defined.--For purposes of this section-- ``(A) The term `diagnostic mammography' means a radiologic procedure that is medically necessary for the purpose of diagnosing breast cancer and includes a physician's interpretation of the results of the procedure. ``(B) The term `screening mammography' means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny coverage described in subsection (a)(1) on the basis that the coverage is not medically necessary or on the basis that the screening mammography is not pursuant to a referral, consent, or recommendation by any health care provider; ``(2) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(3) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(5) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a woman who is a participant or beneficiary to undergo annual screening mammography. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for diagnostic mammography. ``(3) Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for screening mammography under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost- sharing for any portion may not be greater than such coinsurance or cost-sharing that is otherwise applicable with respect to benefits for diagnostic mammography. ``(4) Women between the ages of 40 and 49 should (but are not required to) consult with appropriate health care practitioners before undergoing screening mammography, but nothing in this section shall be construed as requiring the approval of such a practitioner before undergoing an annual screening mammography. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 731(d)(1)) for a State that regulates such coverage, that requires coverage to be provided for annual screening mammography for women who are 40 years of age or older, and that provides at least the protections described in subsection (b). ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (4) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standards relating to benefits for screening mammography.''. (c) Effective Dates.--(1) Subject to paragraph (2), the amendments made by this section shall apply with respect to group health plans (and health insurance coverage offered in connection with group health plans) for plan years beginning on or after January 1, 1999. (2) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 1999. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 3. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER INDIVIDUAL HEALTH COVERAGE. (a) In General.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2751 the following new section: ``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) In General.--The provisions of section 2706 (other than subsections (d) and (f)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan. ``(c) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage, that requires coverage in the individual health insurance market to be provided for annual screening mammography for women who are 40 years of age or older and that provides at least the protections described in section 2706(b) (as applied under subsection (a)). ``(2) Construction.--Section 2762(a) shall not be construed as superseding a State law described in paragraph (1).''. (b) Conforming Amendment.--Section 2763(b)(2) of such Act (42 U.S.C. 300gg-63(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, or renewed in the individual market on or after such January 1, 1999.", "summary": "Mammogram Availability Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurance issuer offering group coverage, that provides coverage for diagnostic mammographies for any woman 40 years old or older to provide coverage for annual screening mammographies for such a woman. Prohibits related enrollment and renewal discrimination, monetary incentives to women, and penalties or incentives to providers. Amends the Public Health Service Act to apply those requirements and prohibitions to coverage offered by an issuer in the individual market."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Empowerment Act of 2015''. SEC. 2. AMENDMENTS. (a) In General.--Part III of title 5, United States Code, is amended by inserting after chapter 79 the following: ``CHAPTER 79A--SERVICES TO MEMBERS OF THE PUBLIC ``Sec. ``7921. Procedures for in-person and telephonic interactions conducted by executive branch employees. ``Sec. 7921. Procedures for in-person and telephonic interactions conducted by executive branch employees ``(a) Definitions.--For purposes of this section-- ``(1) the term `telephonic' means by telephone or other similar electronic device; and ``(2) the term `State' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(b) Recording of Enforcement Actions.-- ``(1) Recording by individuals.--Any employee of an Executive agency who is conducting an in-person or a telephonic interview, audit, investigation, inspection, or other official in-person or telephonic interaction with an individual, relating to a possible or alleged violation of any Federal statute or regulation that could result in the imposition of a fine, forfeiture of property, civil monetary penalty, or criminal penalty against, or the collection of an unpaid tax, fine, or penalty from, such individual or a business owned or operated by such individual, shall allow such individual to make an audio recording of such in-person or telephonic interaction at the individual's own expense and with the individual's own equipment. ``(2) Recording by federal employees.--Any employee of an Executive agency that is conducting an in-person or a telephonic interaction described in paragraph (1) may record that interaction if such employee-- ``(A) informs the individual of such recording prior to or at the initiation of the in-person or telephonic interaction; and ``(B) upon request of the individual, provides the individual with a transcript or copy of such recording, but only if the individual provides reimbursement for the cost of the transcription and reproduction of such transcript or copy. ``(c) Explanations of Rights.-- ``(1) In general.--Any employee of an Executive agency shall, before or at an initial in-person or telephonic interview, audit, investigation, inspection, or other official in-person or telephonic interaction, described in subsection (b)(1), provide to the individual a verbal or written notice of the individual's rights under this section. ``(2) Separate notifications for separate violations.-- Paragraph (1) shall not, for purposes of any interaction described in subsection (b)(1), be considered satisfied based on a notification previously given if that previous notification was given in the case of a possible or alleged violation separate from the possible or alleged violation at hand. ``(d) Application to Official Representative or Those Holding Power of Attorney.--Any person who is permitted to represent, before an Executive agency described in subsection (b)(1), an individual permitted to make an audio recording under such subsection of an in- person or a telephonic interaction conducted by an employee of that Executive agency-- ``(1) shall be permitted-- ``(A) to make an audio recording under subsection (b)(1) as if the person were such individual; and ``(B) to receive a transcript or copy of an audio recording under subsection (b)(2) as if the person were such individual; ``(2) shall receive the same notice as that which is required to be provided to the individual under subsection (c); and ``(3) with respect to an audio recording (as referred to in paragraph (1)(A)) and a transcript or copy of a recording (as referred to in paragraph (1)(B)), shall have the same rights as described in subsection (e). ``(e) Property of Audio Recording.--Any audio recording or transcript of an audio recording made pursuant to subsection (b)(1) or provided to an individual pursuant to subsection (b)(2)(B) shall be the property of such individual. ``(f) No Cause of Action.--This section does not create any express or implied private right of action. ``(g) Exceptions.-- ``(1) Classified information, public safety, criminal investigation.--This section shall not apply to any in-person or telephonic interaction-- ``(A) that is likely to include the discussion of classified material; ``(B) that is likely to include the discussion of information that, if released publicly, would endanger public safety; or ``(C) that, if released, would endanger an ongoing criminal investigation if such investigation is being conducted by a Federal law enforcement officer (as defined by section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008) who is employed by a Federal law enforcement agency. ``(2) Determination by employees.--An employee of an Executive agency who makes a determination that an exception created by paragraph (1) applies to an in-person or a telephonic interaction or to a series of such interactions shall provide written notification of such determination to any person who would otherwise be permitted to make an audio recording of the interaction under subsection (b)(1) or (d). ``(h) Prior Law.--For the purposes set forth in paragraphs (1) and (2) of subsection (b), this section supersedes section 2511(2)(d) of title 18 and any provision of Federal or State law insofar as such section or provision relates to the recording of an in-person or a telephonic interaction described in subsection (b)(1). ``(i) Disciplinary Action.--An employee who violates this section shall be subject to appropriate disciplinary action in accordance with otherwise applicable provisions of law.''. (b) Clerical Amendment.--The analysis for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 79 the following: ``79A. Services to Members of the Public.................... 7921''.", "summary": "Citizen Empowerment Act of 2015 Requires any executive agency employee who is conducting an in-person or a telephonic interview, audit, investigation, inspection, or other official interaction with an individual relating to a possible violation of federal law that could result in the imposition of civil or criminal fines or penalties or the collection of unpaid tax to allow such individual to make an audio recording of the interaction. Permits the employee conducting the interaction to record it if the employee: (1) informs the individual of the recording prior to or at the initiation of the interaction, and (2) provides the individual with a transcript of the recording at such individual's expense. Requires the employee conducting an initial in-person or telephonic interview or other interaction to provide to the individual a verbal or written notice of such individual's rights. Exempts from the application of this Act any in-person or telephonic interview or other interaction that: (1) is likely to include the discussion of classified material or information that would endanger public safety if released publicly; or (2) if released, would endanger an ongoing criminal investigation being conducted by a federal law enforcement officer."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stand By Every Ad Act of 2010''. SEC. 2. REQUIRING PERSONAL DISCLOSURE STATEMENTS IN EXPRESS ADVOCACY COMMUNICATIONS. (a) Application of Disclosure Requirements to Communications Consisting of Functional Equivalent of Express Advocacy.--Section 318(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) is amended by striking ``clearly identified candidate,'' and inserting ``clearly identified candidate or consisting of the functional equivalent of express advocacy,''. (b) Requiring Statement Identifying Head of Entity Paying for Communication.--Section 318(d) of such Act (2 U.S.C. 441d(d)) is amended-- (1) in paragraph (2), by striking ``Any communication'' and inserting ``Except as provided in paragraph (3), any communication''; and (2) by adding at the end the following new paragraph: ``(3) Special rules for express advocacy communications.-- ``(A) Personal disclosure statement required.--Any communication described in paragraph (3) of subsection (a) which expressly advocates the election or defeat of a clearly identified candidate, or which consists of the functional equivalent of express advocacy, and which is transmitted through radio or television shall include, in addition to the requirements of that paragraph-- ``(i) the individual disclosure statement described in subparagraph (C) (if the person paying for the communication is an individual) or the organizational disclosure statement described in subparagraph (D) (if the person paying for the communication is not an individual); and ``(ii) if the person who paid for the communication received any disbursement from another person for purposes of financing the communication, a statement of the names of the persons providing the largest disbursements for such purposes, except that the number of persons identified in the statement may not exceed 5. ``(B) Method of conveyance of statement.-- ``(i) Communications transmitted through radio.--In the case of a communication to which this paragraph applies which is transmitted through radio, the disclosure statements required under subparagraph (A)-- ``(I) shall be made by audio in a clearly spoken manner; and ``(II) in the case of the individual disclosure statement described in subparagraph (C) or the organization disclosure statement described in subparagraph (D), shall be made by the applicable individual. ``(ii) Communications transmitted through television.--In the case of a communication to which this paragraph applies which is transmitted through television, the disclosure statements required under subparagraph (A)-- ``(I) shall appear in writing at the end of the communication in a clearly readable manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds; and ``(II) in the case of the individual disclosure statement described in subparagraph (C) or the organization disclosure statement described in subparagraph (D), shall be conveyed by an unobscured, full-screen view of the applicable individual, or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual. ``(C) Individual disclosure statement described.-- The individual disclosure statement described in this subparagraph is the following: `I am _______, and I am responsible for the content of this advertising.', with the blank filled in with the name of the applicable individual. ``(D) Organizational disclosure statement described.--The organizational disclosure statement described in this subparagraph is the following: `I am _______, the _______ of _______, and _______ is responsible for the content of this advertising.', with-- ``(i) the first blank to be filled in with the name of the applicable individual; ``(ii) the second blank to be filled in with the title of the applicable individual; and ``(iii) the third and fourth blank each to be filled in with the name of the person paying for the communication. ``(E) Applicable individual defined.--In this paragraph, the term `applicable individual' means, with respect to a communication to which this paragraph applies-- ``(i) if the communication is paid for by an individual, the individual paying for the communication; ``(ii) if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); ``(iii) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; or ``(iv) if the communication is paid for by any other person, the president, chief executive officer, highest ranking official, or similar officer of the person who serves in an executive, decisionmaking capacity with respect to the making of communications to which this paragraph applies.''. (c) Effective Date.--The amendment made by subsection (a) shall apply with respect to communications made on or after the date of the enactment of this Act. SEC. 3. APPLICATION OF DISCLOSURE REQUIREMENTS FOR AUDIO AND VIDEO COMMUNICATIONS TO AUDIO AND VIDEO PORTIONS OF COMMUNICATIONS TRANSMITTED THROUGH INTERNET OR ELECTRONIC MAIL. (a) Communications by Candidates or Authorized Persons.--Section 318(d)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)(1)) is amended by adding at the end the following new subparagraph: ``(C) Audio and video portions of communications transmitted through internet or electronic mail.--In the case of a communication described in paragraph (1) or (2) of subsection (a) which is transmitted through the Internet or through any form of electronic mail-- ``(i) any audio portion of the communication shall meet the requirements applicable under subparagraph (A) to communications transmitted through radio; and ``(ii) any video portion of the communication shall meet the requirements applicable under subparagraph (B) to communications transmitted through television.''. (b) Communications by Others.-- (1) In general.--Section 318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is amended by adding at the end the following: ``In the case of a communication described in paragraph (3) of subsection (a) which is transmitted through the Internet or through any form of electronic mail, any audio portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through radio and any video portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through television.''. (2) Application of special personal disclosure rules for express advocacy communications.--Section 318(d)(3) of such Act, as added by section 2(a), is amended-- (A) in subparagraph (A), by striking ``radio or television'' and inserting ``radio or television, through the Internet, or through any form of electronic mail''; and (B) in subparagraph (B), by adding at the end the following new clause: ``(iii) Communications transmitted through internet or electronic mail.--In the case of a communication to which this paragraph applies which is transmitted through the Internet or through any form of electronic mail, any audio portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through radio and any video portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through television.''. SEC. 4. DISCLOSURE REQUIREMENTS FOR CAMPAIGN COMMUNICATIONS MADE THROUGH PRERECORDED TELEPHONE CALLS. (a) Application of Requirements.--Section 318(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) is amended by inserting after ``mailing,'' each place it appears the following: ``telephone call which consists in substantial part of a prerecorded audio message,''. (b) Treatment as Audio Communication.-- (1) Communications by candidates or authorized persons.-- Section 318(d)(1) of such Act (2 U.S.C. 441d(d)(1)), as amended by section 3(a), is further amended by adding at the end the following new subparagraph: ``(D) Prerecorded telephone calls.--Any communication described in paragraph (1) or (2) of subsection (a) which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under subparagraph (A) to communications transmitted through radio, except that the statement required under such subparagraph shall be made at the beginning of the telephone call.''. (2) Communications by others.-- (A) In general.--Section 318(d)(2) of such Act (2 U.S.C. 441d(d)(2)), as amended by section 3(b), is further amended by adding at the end the following: ``Any communication described in paragraph (3) of subsection (a) which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under this paragraph to communications transmitted through radio, except that the statement required shall be made at the beginning of the telephone call.''. (B) Application of special personal disclosure rules for express advocacy communications.--Section 318(d)(3) of such Act, as added by section 2(a) and as amended by section 3(b)(2), is further amended-- (i) in subparagraph (A), by striking ``electronic mail'' and inserting ``electronic mail, or which is a telephone call which consists in substantial part of a prerecorded audio message,''; and (ii) in subparagraph (B), by adding at the end the following new clause: ``(iv) Communications made through prerecorded telephone calls.--Any communication to which this paragraph applies which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under this paragraph to communications transmitted through radio.''. SEC. 5. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS ON INTERNET COMMUNICATIONS. Nothing in this Act or the amendments made by this Act may be construed to require any person who is not required under section 318 of the Federal Election Campaign Act of 1971 (as provided under section 110.11 of title 11 of the Code of Federal Regulations) to include a disclaimer on communications made by the person through the Internet to include any disclaimer on any such communications. SEC. 6. EFFECTIVE DATE. Except as provided in section 2(c), the amendments made by this Act shall apply with respect to communications made on or after the expiration of the 90-day period which begins on the date of the enactment of this Act.", "summary": "Stand By Every Ad Act of 2010 - Amends the Federal Election Campaign Act of 1971 to require the identification of funding and authorizing sources in communications expressly advocating the election or defeat of a clearly identified candidate (as under current law) or which consist of the functional equivalent of express advocacy. Prescribes special rules for express advocacy radio and television communications which are not authorized by a candidate, an authorized political committee of a candidate, or its agents. Requires individual disclosure statements about the head of the entity paying for the communication and about any other person that disbursed funds to the entity to finance the communication. Requires disclosure of such identifying information within audio and video communications made through the Internet or e-mail. Applies such disclosure requirements to prerecorded telephone calls."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Books Opening Opportunity for Knowledge Act of 2014'' or the ``E-BOOK Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Rising costs are making it increasingly difficult for students and their families to afford a college education. (2) In addition to the growing price of tuition, fees, and room and board, the average college student in the United States must also spend more than $1,000 per year on textbooks and supplies. (3) New learning technologies in higher education provide a growing opportunity to reduce the cost of course materials for students and their families. (4) All students deserve the opportunity to obtain a high- quality education and acquire the skills needed to compete in 21st-century economy. SEC. 3. PURPOSE. The purpose of this Act is to identify savings in the cost of public college education for undergraduate students by funding pilot programs in institutions of higher education to provide expanded access to digital course materials as part of their academic programs. SEC. 4. GRANTS TO EXPAND ACCESS TO DIGITAL COURSE MATERIALS. Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a et seq.) is amended by adding at the end the following new part: ``PART BB--GRANTS FOR THE EXPANSION OF ACCESS TO DIGITAL COURSE MATERIALS ``SEC. 891. GRANTS FOR ACCESS TO DIGITAL COURSE MATERIALS. ``(a) Grants Authorized.-- ``(1) In general.--From amounts made available by the Secretary pursuant to subsection (g), the Secretary may award grants on a competitive basis to not more than 10 institutions of higher education to reduce the cost of attendance for undergraduate students by providing such students with expanded access to digital course materials. ``(2) Amount of funds to be awarded.--The Secretary shall determine the amount of funds to be awarded for each grant based on the number of students to be served under the grant, except that no grant under this section shall be in an amount that is more than $2,000,000. ``(b) Application.--An institution desiring to obtain a grant under this section shall submit an application to the Secretary at such time, in such form, and accompanied by such information, agreements, and assurances as the Secretary may reasonably require. ``(c) Preference.--In awarding grants under this section, the Secretary shall give preference to applications that demonstrate a commitment to serving disadvantaged students. ``(d) Use of Funds.--Each grant awarded under this section shall provide to an institution of higher education funds to support a pilot program for the institution to make digital course materials available to undergraduate students in at least two different academic departments. Such funds may be used for any of the following: ``(1) Purchasing and maintaining electronic equipment or software necessary for the operation of the pilot program, including mobile computer devices and accompanying hardware, software applications, computer systems and platforms, digital and online content, online instruction, and other online services and support. ``(2) Purchasing and maintaining digital and online content for the institution to make available electronically to instructors or students, including paying any copyright fees associated with the digital distribution of physical course materials. ``(3) Hiring staff for the administration of the pilot program, with priority given to hiring enrolled undergraduate students. ``(4) Building or acquiring extra storage space dedicated to equipment used for the pilot program. ``(5) Revising and adapting academic curricula as needed to implement the pilot program. ``(6) Acquiring such other goods or services as the Secretary determines appropriate. ``(e) Reporting Requirements.-- ``(1) Report to the secretary.--After a period of time to be determined by the Secretary, each institution of higher education that receives a grant under this section shall submit to the Secretary a report that includes-- ``(A) an assessment of the effectiveness of the pilot program funded by the grant in reducing the cost of attendance for students; ``(B) an assessment of any impact of the pilot program on student achievement; ``(C) an accounting of the purposes for which the grant funds were expended; and ``(D) any additional information the Secretary reasonably requires. ``(2) Report to congress.--Not later than three years after the end of the first fiscal year in which a grant is awarded under this section, the Secretary shall submit to Congress a report on the effectiveness of the grants. Such report shall include-- ``(A) an estimate by the Secretary of the amount of money saved by students who participate in the pilot programs; ``(B) a summary of the best practices developed in the pilot programs; ``(C) a description of the types of digital course materials used in the pilot programs, including electronic books, interactive and adaptive digital learning tools, and open educational resources; and ``(D) any recommendations the Secretary determines appropriate regarding future congressional action related to student access to digital course materials. ``(f) Definitions.--In this section: ``(1) Cost of attendance.--The term `cost of attendance' has the meaning given the term in section 472. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101(a), except that such term only includes public institutions. ``(3) Digital course materials.--The term `digital course materials' includes electronic books, portable document format and word-processing documents, Internet websites, interactive and adaptive digital learning tools, open educational resources, and other digital and online educational resources. ``(4) Open educational resources.--The term `open educational resources' means digital course materials that are made freely available online to the public with a permanent copyright license granting advance permission for the public to access, distribute, adapt, and otherwise use the work with appropriate attribution to the authors as set forth in the materials. ``(5) Mobile computer device.--The term `mobile computer device' means an electronic reader or tablet computer. ``(6) Disadvantaged student.--The term `disadvantaged student' means an undergraduate student who is-- ``(A) from a low-income family; ``(B) a minority; or ``(C) from an economically or otherwise disadvantaged background. ``(g) Funding.--Of the funds made available in appropriation Acts for fiscal years 2015, 2016, and 2017 for the purpose of making competitive grants to institutions of higher education under this Act, the Secretary may make available to carry out this section not more than $20,000,000. ``(h) Sunset.--No grants may be awarded under this section after September 30, 2017.''.", "summary": "Electronic Books Opening Opportunity for Knowledge Act of 2014 or the E-BOOK Act of 2014 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award competitive grants to up to 10 institutions of higher education (IHEs) to conduct pilot programs to reduce the cost of attendance for undergraduate students by expanding their access to digital course materials. Directs the Secretary to give a preference to applications that demonstrate a commitment to serving disadvantaged students. Requires grantees to make digital course materials available to undergraduate students in at least two different academic departments. Allows the IHEs to use the grant funds to: purchase and maintain the electronic equipment or software their pilot programs need; purchase and maintain the digital and online content that instructors or students will use; hire staff to administer their pilot programs, with priority given to hiring enrolled undergraduate students; build or acquire extra storage space for pilot program equipment; and revise and adapt academic curricula as needed to implement their pilot programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``World Trade Center National Memorial Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds as follows: (1) On September 11, 2001, terrorists hijacked four civilian aircraft, causing two of them to crash into the twin towers of the World Trade Center in New York City, a third into the Pentagon, and a fourth in rural southwest Pennsylvania. (2) Nearly 3,000 people were killed at the World Trade Center site in the most lethal terrorist attack ever committed against the United States. (3) In the months since the historic events of September 11, 2001, thousands of people have visited the World Trade Center site to mourn the dead, to pay tribute to the heroic action and sacrifice of the firefighters, police, emergency personnel, and other responders, and attempt to understand the nature of this attack on the United States. (4) The attack on the World Trade Center resulted in great destruction and damage to homes, churches, schools, and commercial and retail buildings, causing the loss of thousands of jobs and businesses in Lower Manhattan. (5) The human and emotional toll of this attack has been felt across the United States and throughout the world. (6) Many are profoundly concerned about the future disposition of the World Trade Center site, and many citizens, family members, professional organizations, local businesses and residents, and State and local officials have formed coalitions and held forums to provide a voice for all interested and concerned parties. (7) A broad and deep consensus has emerged in the United States that this site is a sacred site that cannot be forgotten and requires the highest form of national recognition. (8) It is appropriate that a national memorial be established at, or proximate to, the World Trade Center site to commemorate the internationally significant events of September 11, 2001, and the lives lost, and that the memorial be designated as a unit of the National Park System. (b) Purposes.--The purposes of this Act are as follows: (1) To establish a national memorial at, or proximate to, the World Trade Center site in New York City to commemorate the tragic events of September 11, 2001. (2) To ensure the public has full access to and significant involvement in decisions regarding the location, planning, and design of the national memorial. (3) To authorize the Secretary of the Interior to provide technical assistance to the Lower Manhattan Development Corporation and to permanently administer the national memorial as a unit of the National Park System for present and future generations. (4) To establish in the Department of the Interior the World Trade Center Memorial Advisory Board to advise the Director of the National Park Service on the management of the memorial. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the World Trade Center Memorial Advisory Board established in section 7. (2) Corporation.--The term ``Corporation'' means the Lower Manhattan Development Corporation, a public agency created to oversee the rebuilding of the World Trade Center site and surrounding area. (3) Governor.--The term ``Governor'' means the Governor of New York. (4) Mayor.--The term ``Mayor'' means the Mayor of New York City. (5) Memorial.--The term ``Memorial'' means a sculpture, structure, or landscape element, including the real property on which it is sited, designed to commemorate the significance to the Nation of the events of September 11, 2001, at or proximate to the World Trade Center site in New York City and designated under section 4. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. WORLD TRADE CENTER NATIONAL MEMORIAL. (a) Establishment.--There is authorized to be established as a unit of the National Park System, a national memorial at, or proximate to, the site of the World Trade Center in New York City. The proposed design and boundary of the Memorial shall be determined through a public planning process established by the Corporation and included in the report required by section 5. The final design and boundary of the Memorial shall be approved by the Secretary, the Governor, and the Mayor. (b) Administration.--Upon transfer to the United States by willing sellers of the land upon which the Memorial is to be located, such land and the Memorial shall be administered by the Secretary through the National Park Service, as a unit of the National Park System, in accordance with the provisions of this Act, the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 through 4), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). SEC. 5. REPORT. (a) Contents.--Not later than 3 years after the date of the enactment of this Act, the Corporation shall submit a report to the Secretary, the Governor, and the Mayor for approval. This report shall contain the following: (1) The recommended design and boundary for the Memorial. (2) A description of those considerations incorporated into the boundary and design necessary to permit the effective and efficient management of the Memorial as a unit of the National Park System. (3) A proposal and schedule for the transfer of interests in property as is appropriate to the Secretary. The transfer must ensure that the property upon which the Memorial is to be located is transferred to the United States by willing sellers before construction of the Memorial begins. (4) A description of the processes and opportunities provided for public participation in the development of the report. (5) Any other planning, scheduling, construction, and long- term management issues and recommendations which, in the opinion of the Corporation, merit inclusion in the report. (b) Approval Process.--Not later than 90 days after receiving notification by the Governor and the Mayor of their respective approvals of the report, the Secretary shall approve or disapprove the report. If the Secretary disapproves the report, the Secretary shall advise the Corporation, in writing, of the reasons for such disapproval and shall indicate any recommendations for revisions. Not later than 45 days after receiving any necessary revisions to the report, the Secretary shall approve or disapprove the revised report. (c) Final Report.--The final report approved by the Secretary, the Governor, and the Mayor shall be transmitted to the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives. SEC. 6. DUTIES OF THE SECRETARY. The Secretary is authorized to take the following actions: (1) Upon request by the Corporation, to provide assistance in conducting public meetings and forums. (2) Provide project management assistance for planning, design, and construction activities and in particular, to provide consultation and information permitting the plans and designs included within the report as required in section 5 to incorporate such elements necessary to facilitate the effective and efficient management of the Memorial as a unit of the National Park System. (3) Provide other assistance related to documentation and interpretation of the site and preservation of Memorial artifacts. (4) Acquire from willing sellers the land or interests in land for the Memorial site by donation, purchase with donated or appropriated funds, or exchange. (5) Administer, through the National Park Service, the Memorial as a unit of the National Park System in accordance with this Act and with the laws generally applicable to units of the National Park System. (6) Prepare a charter for the Board established in section 7 to clarify its role and its relationship with the Department of the Interior and the National Park Service. SEC. 7. ESTABLISHMENT OF THE WORLD TRADE CENTER MEMORIAL ADVISORY BOARD. (a) Establishment.--Upon transfer of the completed Memorial to the National Park Service, there is established an advisory Board to be known as the ``World Trade Center Memorial Advisory Board''. (b) Duties.--The Board shall operate as an advisor to the National Park Service on the management of the Memorial, taking into consideration input from the public and interested parties. (c) Membership.--The Board shall be composed of 17 members appointed by the Secretary as follows: (1) Two members appointed after consideration of recommendations by each United States Senator from the State of New York. (2) One member appointed after consideration of recommendations by the member of the United States House of Representatives whose district shall encompass the World Trade Center site. (3) Four members appointed after consideration of recommendations by the Mayor, to represent a broad spectrum of interested citizens, agencies, and organizations. (4) Four members appointed after consideration of recommendations by the Governor, to represent a broad spectrum of interested citizens, agencies, and organizations. (5) Six members appointed after consideration of recommendations by the President. (d) Terms.--Members of the Board shall serve for a term of 3 years. Any member of the Board may continue to serve after the expiration of his or her term, until such time as a successor is appointed. Any vacancy in the Board shall be filled in the same manner in which the original appointment was made. (e) Chair.--The members of the Board shall designate 1 of the members as Chair of the Board. (f) Meetings.--The Board shall meet on a regular basis, at least 4 times a year. Notice of meetings shall be published in local newspapers. Board meetings shall be held at locations and in such a manner as to ensure adequate public involvement. (g) Quorum.--A majority of the members serving on the Board shall constitute a quorum for the transaction of any business. (h) Voting.--The Board shall act and advise by a majority vote of the members present at any meeting at which a quorum is in attendance. (i) Expenses.--Members of the Board shall serve without compensation, but while engaged in official business shall be entitled to travel expenses, including per diem in lieu of subsistence in the same manner as persons employed intermittently in Federal Government service under section 5703 of title 5, United States Code. (j) Termination.--The Board shall terminate 60 days after the date upon which the Memorial ceases to be administered by the National Park Service. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Construction.--Upon approval of the report required by section 5, the Secretary is authorized to grant such sums as may be necessary to the Corporation for the construction of a permanent Memorial in accordance with the approved report. (b) Matching Requirement.--Funds made available pursuant to subsection (a) shall not exceed 50 percent of the construction cost of the Memorial. (c) Technical Assistance.--There is authorized to be appropriated to the National Park Service, $300,000 for fiscal year 2004 and each fiscal year thereafter to provide technical assistance to the Corporation and to otherwise carry out this Act. (d) Board.--There is authorized to be appropriated to the Board such sums as may be necessary to perform its responsibilities under this Act.", "summary": "World Trade Center National Memorial Act - Authorizes the establishment as a unit of the National Park System of a national memorial at or near the site of the World Trade Center (WTC) in New York City to commemorate the significance to the Nation of the events of September 11, 2001. Requires the design and boundary of the memorial to be: (1) determined through a public planning process established by the Lower Manhattan Development Corporation (a public agency created to oversee the rebuilding of the WTC site and surrounding area); and (2) approved by the Secretary of the Interior, the Governor of New York, and the Mayor of New York City..Establishes the World Trade Center Memorial Advisory Board upon transfer of the completed memorial to the National Park Service."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Incentives for Fuel Efficient Vehicles Act of 2003''. SEC. 2. MODIFICATIONS TO GAS GUZZLERS TAX TO ENCOURAGE GREATER AUTO FUEL EFFICIENCY. (a) Increase in Tax Rate.--Subsection (a) of section 4064 of the Internal Revenue Code of 1986 (relating to gas guzzlers tax) is amended to read as follows: ``(a) Imposition of Tax.-- ``(1) In general.--There is hereby imposed on the sale by the manufacturer of each automobile a tax determined in accordance with the following table: If the fuel economy for the model year of the model type in which the automobile falls is: The tax is: Less than 5 mpg below the applicable fuel economy $0 standard. At least 5 but less than 6 mpg below such standard. 1,000 At least 6 but less than 7 mpg below such standard. 1,500 At least 7 but less than 8 mpg below such standard. 2,000 At least 8 but less than 9 mpg below such standard. 2,500 At least 9 but less than 10 mpg below such standard 3,100 At least 10 but less than 11 mpg below such 3,800 standard. At least 11 but less than 12 mpg below such 4,600 standard. At least 12 but less than 13 mpg below such 5,500 standard. At least 13 but less than 14 mpg below such 6,500 standard. At least 14 mpg below such standard................ 7,700. ``(2) Inflation Adjustment.-- ``(A) In general.--In the case of any taxable year beginning after 2005, each dollar amount referred to in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2004' for `1992'. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $50.''. (b) Expansion of Definition of Automobile.-- (1) Increase in weight.--Section 4064(b)(1)(A)(ii) of the Internal Revenue Code of 1986 (defining automobile) is amended by striking ``6,000 pounds'' and inserting ``12,000 pounds''. (2) Exception for certain vehicles.--Subparagraph (B) of section 4064(b)(1) of such Code is amended to read as follows: ``(B) Exception for certain vehicles.--The term `automobile' does not include-- ``(i) a vehicle which has a primary load carrying device or container attached, ``(ii) a vehicle which has a seating capacity of more than 12 persons, ``(iii) a vehicle which has a seating capacity of more than 9 persons behind the driver's seat, or ``(iv) a vehicle which is equipped with a cargo area of at least 6 feet in interior length which is an open area or is designed for use as an open area but is enclosed by a cap and is not readily accessible directly from the passenger compartment.''. (c) Additional Definitions.--Section 4064(b) of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new paragraphs: ``(8) Applicable fuel economy standard.--The term `applicable fuel economy standard' means, with respect to any model year, the average fuel economy standard as defined in section 32902 of title 49, United States Code, for passenger automobiles for such model year. ``(9) MPG.--The term `mpg' means miles per gallon.''. (d) Effective Date.--The amendments made by this section shall apply to sales after October 31, 2005. SEC. 3. HIGHLY FUEL-EFFICIENT AUTOMOBILE CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. HIGHLY FUEL-EFFICIENT AUTOMOBILE CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the new highly fuel-efficient automobile credit determined under subsection (b). ``(b) New Highly Fuel-Efficient Automobile Credit.--For purposes of subsection (a), the new highly fuel-efficient automobile credit with respect to any new automobile placed in service by the taxpayer during the taxable year is determined in accordance with the following tables: If the fuel economy for the model year of the model type in which the passenger automobile falls is: The credit is: Less than 5 mpg above the applicable fuel economy $0 standard. At least 5 but less than 6 mpg above such standard. 770 At least 6 but less than 7 mpg above such standard. 1,540 At least 7 but less than 8 mpg above such standard. 2,310 At least 8 but less than 9 mpg above such standard. 3,080 At least 9 but less than 10 mpg above such standard 3,850 At least 10 but less than 11 mpg above such 4,620 standard. At least 11 but less than 12 mpg above such 5,390 standard. At least 12 but less than 13 mpg above such 6,160 standard. At least 13 but less than 14 mpg above such 6,930 standard. At least 14 mpg above such standard................ 7,700. If the fuel economy for the model year of the model type in which the non-passenger automobile falls is: The credit is: Less than 5 mpg above the applicable fuel economy $0 standard. At least 5 but less than 6 mpg above such standard. 770 At least 6 but less than 7 mpg above such standard. 1,540 At least 7 but less than 8 mpg above such standard. 2,310 At least 8 but less than 9 mpg above such standard. 3,080 At least 9 but less than 10 mpg above such standard 3,850 At least 10 but less than 11 mpg above such 4,620 standard. At least 11 but less than 12 mpg above such 5,390 standard. At least 12 but less than 13 mpg above such 6,160 standard. At least 13 but less than 14 mpg above such 6,930 standard. At least 14 mpg above such standard................ 7,700. ``(c) New Automobile.--For purposes of this section, the term `new automobile' means a passenger automobile or non-passenger automobile-- ``(1) the original use of which commences with the taxpayer, ``(2) which is acquired for use or lease by the taxpayer and not for resale, and ``(3) which is made by a manufacturer. ``(d) Passenger Automobile; Non-Passenger Automobile.--For purposes of this section-- ``(1) Passenger automobile.--The term `passenger automobile' has the meaning given the term `automobile' by section 4064(b)(1). ``(2) Non-passenger automobile.-- ``(A) In general.--The term `non-passenger automobile' means any automobile (as defined in section 4064(b)(1)(A)), but only if such automobile is described in subparagraph (B). ``(B) Non-passenger automobiles described.--An automobile is described in this subparagraph if such automobile is-- ``(i) a vehicle which has a primary load carrying device or container attached, ``(ii) a vehicle which has a seating capacity of more than 12 persons, ``(iii) a vehicle which has a seating capacity of more than 9 persons behind the driver's seat, or ``(iv) a vehicle which is equipped with a cargo area of at least 6 feet in interior length which does not extend beyond the frame of the vehicle and which is an open area or is designed for use as an open area but is enclosed by a cap and is not readily accessible directly from the passenger compartment. ``(e) Other Definitions.--Except as provided in subsection (d), for purposes of this section, any term used in this section and also in section 4064 shall have the meaning given such term by section 4064. ``(f) Special Rules.--For purposes of this section-- ``(1) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. ``(2) No double benefit.--The amount of any deduction or other credit allowable under this chapter with respect to an automobile described under subsection (b), shall be reduced by the amount of credit allowed under subsection (a) for such automobile for the taxable year. ``(3) Property used by tax-exempt entities.--In the case of a credit amount which is allowable with respect to an automobile which is acquired by an entity exempt from tax under this chapter, the person which sells or leases such automobile to the entity shall be treated as the taxpayer with respect to the automobile for purposes of this section and the credit shall be allowed to such person, but only if the person clearly discloses to the entity at the time of any sale or lease the specific amount of any credit otherwise allowable to the entity under this section. ``(4) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of an automobile). ``(5) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(6) Election to not take credit.--No credit shall be allowed under subsection (a) for any automobile if the taxpayer elects to not have this section apply to such automobile. ``(7) Interaction with air quality and motor vehicle safety standards.--Unless otherwise provided in this section, an automobile shall not be considered eligible for a credit under this section unless such automobile is in compliance with-- ``(A) the applicable provisions of the Clean Air Act for the applicable make and model year of the automobile (or applicable air quality provisions of State law in the case of a State which has adopted such provision under a waiver under section 209(b) of the Clean Air Act), and ``(B) the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code. ``(g) Regulations.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall promulgate such regulations as necessary to carry out the provisions of this section. ``(2) Coordination in prescription of certain regulations.--The Secretary of the Treasury, in coordination with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall prescribe such regulations as necessary to determine whether an automobile meets the requirements to be eligible for a credit under this section.''. (b) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 36(f)(1).''. (2) Section 6501(m) of such Code is amended by inserting ``36(f)(6),'' after ``30(d)(4),''. (3) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (4) The table of sections for subpart C of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Highly fuel-efficient automobile credit. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after October 31, 2005, in taxable years ending after such date.", "summary": "Tax Incentives for Fuel Efficient Vehicles Act of 2003 - Amends the Internal Revenue Code with respect to the (automotive) gas guzzler manufacturer excise tax to: (1) increase the weight of a covered automobile to12,000 pounds; (2) revise the excise tax table, including the addition of a model-year calculation criteria; (3) revise the exception to such coverage, including elimination of the exception based upon nonpassenger treatment under specified Department of Transportation rules; and (4) apply such provisions to sales after October 31, 2005.Establishes a highly fuel-efficient automobile credit for taxpayer purchases of a new passenger or nonpassenger automobile (as defined by this Act) that exceeds specified fuel economy ratings. Applies such credit to vehicles placed in service after October 31, 2005."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Olympics Sport and Empowerment Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Special Olympics celebrates the possibilities of a world where everybody matters, everybody counts, every person has value, and every person has worth. (2) The Government and the people of the United States recognize the dignity and value the giftedness of children and adults with an intellectual disability. (3) The Government and the people of the United States are determined to end the isolation and stigmatization of people with an intellectual disability. (4) For more than 36 years, Special Olympics has encouraged skill, sharing, courage, and joy through year-round sports training and athletic competition for children and adults with intellectual disabilities. (5) Special Olympics provides year-round sports training and competitive opportunities to 1,500,000 athletes with intellectual disabilities in 26 sports and plans to expand the joy of participation through sport to hundreds of thousands of people with intellectual disabilities within the United States and worldwide over the next 5 years. (6) Special Olympics has demonstrated its ability to provide a major positive effect on the quality of life of people with intellectual disabilities, improving their health and physical well-being, building their confidence and self-esteem, and giving them a voice to become active and productive members of their communities. (7) In society as a whole, Special Olympics has become a vehicle and platform for breaking down artificial barriers, improving public health, changing negative attitudes in education, and helping athletes overcome the prejudice that people with intellectual disabilities face in too many places. (8) The Government of the United States enthusiastically supports Special Olympics, recognizes its importance in improving the lives of people with intellectual disabilities, and recognizes Special Olympics as a valued and important component of the global community. (b) Purpose.--The purposes of this Act are to-- (1) provide support to Special Olympics to increase athlete participation in and public awareness about the Special Olympics movement; (2) dispel negative stereotypes about people with intellectual disabilities; (3) build athletic and family involvement through sport; and (4) promote the extraordinary gifts of people with intellectual disabilities. SEC. 3. ASSISTANCE FOR SPECIAL OLYMPICS. (a) Education Activities.--The Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: (1) Activities to promote the expansion of Special Olympics, including activities to increase the participation of individuals with intellectual disabilities within the United States. (2) The design and implementation of Special Olympics education programs, including character education and volunteer programs that support the purposes of this Act, that can be integrated into classroom instruction and are consistent with academic content standards. (b) International Activities.--The Secretary of State may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: (1) Activities to increase the participation of individuals with intellectual disabilities in Special Olympics outside of the United States. (2) Activities to improve the awareness outside of the United States of the abilities and unique contributions that individuals with intellectual disabilities can make to society. (c) Healthy Athletes.-- (1) In general.--The Secretary of Health and Human Services may award grants to, or enter into contracts or cooperative agreements with, Special Olympics for the implementation of on-site health assessments, screening for health problems, health education, data collection, and referrals to direct health care services. (2) Coordination.--Activities under paragraph (1) shall be coordinated with private health providers, existing authorized programs of State and local jurisdictions, or the Department of Health and Human Services, as applicable. (d) Limitation.--Amounts appropriated to carry out this section shall not be used for direct treatment of diseases, medical conditions, or mental health conditions. Nothing in the preceding sentence shall be construed to limit the use of non-Federal funds by Special Olympics. SEC. 4. APPLICATION AND ANNUAL REPORT. (a) Application.-- (1) In general.--To be eligible for a grant, contract, or cooperative agreement under subsection (a), (b), or (c) of section 3, Special Olympics shall submit an application at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. (2) Content.--At a minimum, an application under this subsection shall contain the following: (A) Activities.--A description of activities to be carried out with the grant, contract, or cooperative agreement. (B) Measurable goals.--Information on specific measurable goals and objectives to be achieved through activities carried out with the grant, contract, or cooperative agreement. (b) Annual Report.-- (1) In general.--As a condition on receipt of any funds under subsection (a), (b), or (c) of section 3, Special Olympics shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. (2) Content.--At a minimum, each annual report under this subsection shall describe the degree to which progress has been made toward meeting the goals and objectives described in the applications submitted under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) for grants, contracts, or cooperative agreements under section 3(a), $5,500,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years; (2) for grants, contracts, or cooperative agreements under section 3(b), $3,500,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years; and (3) for grants, contracts, or cooperative agreements under section 3(c), $6,000,000 for each of fiscal years 2005 through 2009. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Special Olympics Sport and Empowerment Act of 2004 - Authorizes the Secretaries of Education, of State, and of Health and Human Services to award grants to, or enter into contracts or cooperative agreements with, Special Olympics for specified education, international, and health activities, including ones promoting Special Olympics and a greater understanding of contributions to society by individuals with intellectual disabilities both within and outside of the United States. Prohibits use of funds under this Act for direct treatment of diseases, medical conditions, or mental health conditions. Sets forth application and annual report requirements. Authorizes appropriations for FY 2005 through 2009."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Embassy Employee Compensation Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Claimant.--The term ``claimant'' means an individual filing a claim for compensation under section 5(a)(1). (2) Collateral source.--The term ``collateral source'' means all collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the bombings of United States embassies in East Africa on August 7, 1998. (3) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (4) Eligible individual.--The term ``eligible individual'' means an individual determined to be eligible for compensation under section 5(c). (5) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (6) Special master.--The term ``Special Master'' means the Special Master appointed under section 404(a) of the September 11th Victim Compensation Fund of 2001 (title IV of the Air Transportation Safety and System Stabilization Act (Public Law 107-42; 115 Stat. ____)). SEC. 3. PURPOSE. It is the purpose of this Act to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the bombings of United States embassies in East Africa on August 7, 1998. SEC. 4. ADMINISTRATION. (a) In General.--The Attorney General, acting through the Special Master, shall-- (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for the Special Master in carrying out this Act. SEC. 5. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (a) Filing of Claim.-- (1) In general.--A claimant may file a claim for compensation under this Act with the Special Master. The claim shall be on the form developed under paragraph (2) and shall state the factual basis for eligibility for compensation and the amount of compensation sought. (2) Claim form.-- (A) In general.--The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. (B) Contents.--The form developed under subparagraph (A) shall request-- (i) information from the claimant concerning the physical harm that the claimant suffered, or in the case of a claim filed on behalf of a decedent information confirming the decedent's death, as a result of the bombings of United States embassies in East Africa on August 7, 1998; (ii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such bombings; and (iii) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such bombings. (3) Limitation.--No claim may be filed under paragraph (1) after the date that is 2 years after the date on which regulations are promulgated under section 7. (b) Review and Determination.-- (1) Review.--The Special Master shall review a claim submitted under subsection (a) and determine-- (A) whether the claimant is an eligible individual under subsection (c); (B) with respect to a claimant determined to be an eligible individual-- (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. (2) Negligence.--With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability. (3) Determination.--Not later than 120 days after that date on which a claim is filed under subsection (a), the Special Master shall complete a review, make a determination, and provide written notice to the claimant, with respect to the matters that were the subject of the claim under review. Such a determination shall be final and not subject to judicial review. (4) Rights of claimant.--A claimant in a review under paragraph (1) shall have-- (A) the right to be represented by an attorney; (B) the right to present evidence, including the presentation of witnesses and documents; and (C) any other due process rights determined appropriate by the Special Master. (5) No punitive damages.--The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this Act. (6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1)(B)(ii) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the bombings of United States embassies in East Africa on August 7, 1998. (c) Eligibility.-- (1) In general.--A claimant shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant-- (A) is an individual described in paragraph (2); and (B) meets the requirements of paragraph (3). (2) Individuals.--A claimant is an individual described in this paragraph if the claimant is-- (A) a citizen of the United States who-- (i) was present at the United States Embassy in Nairobi, Kenya, or the United States Embassy in Dar es Salaam, Tanzania, at the time, or in the immediate aftermath, of the bombings of United States embassies in East Africa on August 7, 1998; and (ii) suffered physical harm or death as a result of such a bombing; or (B) in the case of a decedent who is an individual described in subparagraph (A), the personal representative of the decedent who files a claim on behalf of the decedent. (3) Requirements.-- (A) Single claim.--Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual. (B) Limitation on civil action.-- (i) In general.--Upon the submission of a claim under this Act, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the bombings of United States embassies in East Africa on August 7, 1998. The preceding sentence does not apply to a civil action to recover collateral source obligations. (ii) Pending actions.--In the case of an individual who is a party to a civil action described in clause (i), such individual may not submit a claim under this Act unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 7. SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. (a) In General.--Not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this Act, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. (b) Payment Authority.--This Act constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of amounts for compensation under this Act. (c) Additional Funding.-- (1) In general.--The Attorney General is authorized to accept such amounts as may be contributed by individuals, business concerns, or other entities to carry out this Act, under such terms and conditions as the Attorney General may impose. (2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. SEC. 7. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this Act, including regulations with respect to-- (1) forms to be used in submitting claims under this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this Act; and (5) other matters determined appropriate by the Attorney General. SEC. 8. RIGHT OF SUBROGATION. The United States shall have the right of subrogation with respect to any claim paid by the United States under this Act. Passed the House of Representatives May 21, 2002. Attest: JEFF TRANDAHL, Clerk.", "summary": "Embassy Employee Compensation Act - Directs the Attorney General, through the Special Master appointed under the September 11th Victim Compensation Fund of 2001, to administer compensation to American victims of the August 7, 1998, bombings of the U.S. embassies in Kenya and Tanzania. Authorizes appropriations.(Sec. 5) Requires claimants to provide information to the Special Master concerning the physical harm suffered and any possible economic and noneconomic losses incurred from the bombings, as well as the \"collateral sources\" of compensation received or entitled to be received, defined as life insurance, pension funds, death benefit programs and payments by Federal, State, or local governments. Sets a two-year limit on filing claims, beginning after the promulgation of regulations to implement the Act.Directs the Special Master to determine whether a claimant is eligible for compensation and, if so, the amount to be disbursed based on harm suffered, facts of the claim, and individual circumstances of the claimant.Prohibits the Special Master from considering negligence or any other theory of liability with regard to claimants. Requires completion of the review and determination of a claim within 120 days after it is filed. Makes the Special Master's decision on a claim final and not subject to judicial review.Specifies that punitive damages may not be awarded. Requires that any award be reduced by collateral source compensation a claimant has received or is entitled to receive.Makes eligible to receive compensation any U.S. citizens who suffered physical harm from the bombing of the United States embassy in Nairobi, Kenya, or from the bombing of the embassy in Dar es Salaam, Tanzania. Permits personal representatives of U.S. citizens killed by either bombing to receive compensation on behalf of the deceased.Limits claims to one per individual. Provides that upon filing a claim, an individual waives the right to seek damages in civil suits in Federal or State courts, except for pursuing collateral source compensation.(Sec. 6) Requires the Special Master to authorize payments to eligible claimants not later than 20 days after the date on which the determination of the amount has been made.Declares that this Act constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of compensation under the Act.Authorizes the Attorney General to accept contributions from individuals, business concerns, and other entities to carry out the Act, and directs the Attorney General to use donated funds before appropriated funds.(Sec. 8) Declares that the United States has the right of subrogation with respect to any claim paid from U.S. funds under the Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hunt Unrestricted on National Treasures Act'' or the ``HUNT Act''. SEC. 2. REPORT ON PUBLIC ACCESS AND EGRESS TO FEDERAL PUBLIC LAND. (a) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, each head of a Federal public land management agency shall make available to the public on the Web site of the agency a report that includes-- (1) a list of the location and acreage of lands more than 640 acres in size under the jurisdiction of such agency on which the public is allowed under Federal or State law to hunt, fish, or to use such lands for other recreational purposes-- (A) to which there is no public access or egress; or (B) to which public access or egress to the legal boundaries of such lands is significantly restricted (as determined by the head of such agency); (2) with respect to lands under the jurisdiction of the agency that are described in paragraph (1), a list of the lands that the head of such agency determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) with respect to lands under the jurisdiction of the agency listed under paragraph (2), a plan developed by the agency that-- (A) identifies how public access and egress could reasonably be provided to the legal boundaries of such lands in a manner that minimizes the impact on wildlife habitat and water quality; (B) specifies the actions recommended to secure such access and egress, including acquiring an easement, right-of-way, or fee title from a willing owner of lands abutting such lands or the need to coordinate with State land management agencies or other Federal or State governmental entities to allow for such access and egress; and (C) is consistent with the travel management plan in effect on such lands. (b) List of Public Access Routes for Certain Lands.--Not later than one year after the date of the enactment of this Act, each head of a Federal public land management agency shall make available to the public on the Web site of the agency, and thereafter revise as the head of the agency determines is appropriate, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the jurisdiction of such agency on which the public is allowed under Federal or State law to hunt, fish, or to use such lands for other recreational purposes. (c) Means of Public Access and Egress Included.--When considering public access and egress under subsections (a) and (b), the head of a Federal public land management agency shall consider public access and egress to the legal boundaries of lands described in such subsections, including access and egress-- (1) by motorized or non-motorized vehicles; and (2) on foot or horseback. (d) Definitions.--In this section: (1) The term ``Federal public land management agency'' means the National Park Service, the United States Fish and Wildlife Service, the Forest Service, and the Bureau of Land Management. (2) The term ``travel management plan'' means a plan for the management of travel-- (A) with respect to lands under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36 of the Code of Federal Regulations (or successor regulation); (B) with respect to lands under the jurisdiction of the United States Fish and Wildlife Service, on such lands under a comprehensive conservation plan required under section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e)); (C) with respect to lands under the jurisdiction of the Forest Service, on National Forest System lands under part 212 of title 36 of the Code of Federal Regulations (or successor regulations); and (D) with respect to lands under the jurisdiction of the Bureau of Land Management, under a resource management plan developed under the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.). SEC. 3. FUNDS FOR PUBLIC ACCESS TO FEDERAL LAND FOR RECREATIONAL PURPOSES. Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is amended by adding at the end the following: ``Recreational public access to federal land.--In an amount not less than 1.5 percent of such moneys, for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions, from willing sellers.''.", "summary": "Hunt Unrestricted on National Treasures Act or the HUNT Act - Requires each head of a federal public land management agency (the National Park Service, the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the Bureau of Land Management [BLM]), to annually make available to the public on its website a report that includes: (1) a list of the lands more than 640 acres in size under its jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes and to which there is no public access or egress or to which such access or egress to the lands' legal boundaries is significantly restricted; (2) a list of such lands that the agency head determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) a plan to provide such access and egress that is consistent with the travel management plan in effect. Requires each agency head to make available to the public on the agency's website, and thereafter revise, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the agency's jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes. Amends the Land and Water Conservation Fund Act of 1965 to require allotment from the Land and Water Conservation Fund of an amount not less than 1.5 % of the moneys appropriated for projects that secure public access to federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``SSI Outreach Act of 1993''. SEC. 2. STATEMENT OF FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) many individuals, including senior citizens, homeless individuals, children, and disabled individuals, face extraordinary difficulties in securing benefits under the Social Security Act, the Food Stamp Act of 1977, and other Federal programs, to which they are otherwise entitled; (2) without the benefits under such programs these individuals, lacking any resources, are unable to secure other vital necessities; (3) many barriers exist that prevent potentially eligible individuals from securing benefits under such programs, including-- (A) communication barriers such as illiteracy in English or a foreign language and sensory impairments; (B) disabilities which limit mobility and connections to social services organizations; (C) homelessness often coupled with mental illness, drug addiction, or alcoholism; (D) distrust or fear of government bureaucracy; (E) concern that eligibility will preclude future work attempts; (F) lack of transportation; (G) lack of access to a telephone; (H) lack of an understanding of how to contact Social Security Administration field offices; (I) lack of any connections to social service organizations; and (J) cognitive or other mental impairments which limit a person's ability to understand benefits, rights, or procedures. (b) Purpose.--It is the purpose of this Act to overcome the barriers to securing benefits under the Social Security Act and the Food Stamp Act of 1977 faced by many homeless individuals and other hard to reach populations by establishing an office in the Social Security Administration which will be responsible for coordinating outreach activities and services, including an outreach grant program. The grant program will help establish innovative approaches to identify individuals potentially eligible for such benefits and to aid such individuals in the application process for such benefits. SEC. 3. ESTABLISHMENT OF OFFICE OF OUTREACH COORDINATION. (a) In General.--The Secretary of Health and Human Services (hereafter referred to in this Act as the ``Secretary'') shall, within 180 days after the date of the enactment of this Act, establish within the Social Security Administration an Office of Outreach Coordination, to be administered by a Director of Outreach Coordination (hereafter in this section referred to as the ``Director'') who shall be appointed by the Commissioner of Social Security. (b) Duties of the Director.--The Director shall-- (1) administer the grant program established under section 4 and provide technical assistance to the entities receiving grants under such section; (2) formulate and provide information and technical assistance to Social Security Administration field offices regarding-- (A) outreach policies and methods; and (B) local outreach activities and services; and (3) implement the requirements of section 1635 of the Social Security Act. SEC. 4. GRANTS TO LOCAL GOVERNMENTS AND NONPROFIT ORGANIZATIONS FOR OUTREACH. (a) In General.--The Secretary shall, through the Office of Outreach Coordination in the Social Security Administration (established under section 3), provide grants to local governments and nonprofit organizations submitting applications to the Secretary under this section, to conduct outreach activities and services targeted at homeless individuals and other hard to reach populations, as determined appropriate by the Secretary. (b) Grant Criteria.--The Secretary shall provide grants under this section only to entities that demonstrate to the Secretary that the entities-- (1) have experience with low-income people; (2) have, in the case of entities applying for grants to work with a specific hard to reach population, sufficient experience in working with such population, including-- (A) knowledge of the community in which such population lives; and (B) proficiency in any applicable foreign language; (3) are able to conduct outreach activities and services appropriate to the targeted hard to reach population, including-- (A) regular visits to places frequented by homeless individuals, including soup kitchens, homeless shelters, street sites, and day centers; (B) the provision of information to individuals and organizations regarding eligibility for benefits under the Social Security Act and the Food Stamp Act of 1977, and provision of applications to apply for benefits under such programs; (C) the provision of assistance to individuals in completing applications to establish eligibility for benefits under the Social Security Act and benefits under the Food Stamp Act of 1977; and (D) the provision of assistance to individuals with respect to-- (i) obtaining appointments for any medical examination required in order to obtain benefits for which such individuals may be eligible under the Social Security Act so that all such examinations take place within 2 weeks after submission of the application for benefits under such Act; (ii) obtaining and developing evidence of disability and supporting documentation for nondisability-related eligibility requirements under the Social Security Act; and (iii) other matters relevant to obtaining benefits under the Social Security Act, including arranging transportation, and where appropriate, arranging for persons to accompany applicants to any necessary medical examinations; and (4) are able to meet such further requirements as the Secretary determines to be appropriate to carry out the purposes of this section. (c) Assistance to Applicants and Beneficiaries Who Are Homeless Individuals In Obtaining Needed Goods and Services.--An entity that receives a grant under this section to conduct outreach activities to homeless individuals may use some of the funds received under the grant to assist homeless individuals in gaining access to appropriate services in the community, including permanent housing assistance, nutrition, physical and mental health care, and case management services. (d) Reporting Requirements.--The Secretary shall provide that each entity receiving grants under this section shall be required to prepare and submit to the Office of Outreach Coordination an annual report on the use of grant funds and on the activities of the entity undertaken to carry out the purposes of this section. (e) Grant Funds.--In order to provide for grants under this section, the Secretary shall set aside and utilize no less than .37 percent of the amounts available on an annual basis for the administrative expenses of the Social Security Administration. (f) Administrative Provisions.--The Secretary shall-- (1) promulgate such regulations as may be necessary to carry out this section within 240 days after the date of the enactment of this Act; (2) notify local governments and nonprofit organizations of the availability of grant funds under this section within 270 days after the date of the enactment of this Act; and (3) begin to award grants under this section as described in subsection (a) within 360 days after the date of the enactment of this Act and annually thereafter. SEC. 5. SPECIAL PROCEDURES RELATING TO HOMELESS INDIVIDUALS. (a) Expedited Consideration of Applications.--Within 240 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to ensure that, in determining disability for purposes of awarding benefits under the Social Security Act, priority consideration shall be given to applications received from homeless individuals. (b) Assistance in Filing Documents for Appeal and in Seeking Representation.--If the Secretary issues a decision to deny, suspend, reduce, or terminate benefits under the Social Security Act to a homeless individual, the Secretary shall take affirmative steps to locate the individual and-- (1) inform the individual of the importance of appealing such decision; and (2) if the individual indicates a desire to file such an appeal, assist the individual in filing the necessary forms. (c) Procedure Governing the Potential Denial or Suspension of Benefits for a Homeless Individual.-- (1) Determination.--Before the Secretary decides to deny, reduce, suspend, or terminate benefits under the Social Security Act to a homeless individual on the grounds that the individual must provide additional information before receiving, or continuing to receive, such benefits, the Secretary shall determine whether the individual is likely to have difficulty in responding to the request due to-- (A) a mental or physical impairment; (B) advanced age; (C) inability to communicate in English; (D) lack of transportation; (E) lack of a fixed address; or (F) any other comparable limitation. (2) Action.--If the Secretary determines that an individual has one of the limitations described in paragraph (1), the Secretary shall-- (A) take affirmative steps to locate the individual and assist the individual in filing an appeal from an adverse decision regarding such benefits, and in securing the evidence required to establish eligibility for, or to restore, such benefits; and (B) try to contact the individual by telephone and, if unsuccessful, make a personal visit to the last known address of the individual, contact individuals in the neighborhood, friends, or the post office, of the individual, and, to assist in these efforts, contact social agencies, shelters, soup kitchens, and any other agencies that provide services to homeless individuals. (3) Restoration of benefits.--If the efforts described in subparagraphs (A) and (B) of paragraph (2) are unsuccessful, and such benefits are denied, suspended, reduced, or terminated, and the individual within 12 months of such denial, suspension, reduction, or termination contacts the Social Security Administration with the necessary information to seek restoration of benefits, the Secretary shall-- (A) immediately resume payment of such benefits; and (B) from funds retained in the local office accounts, pay the benefits of the individual for the current month and for subsequent months until regular monthly payments of benefits resume. (d) Regulations on Presumptive Disability.--Within 60 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to ensure that presumptive disability payments made under section 1631(a)(4)(A) of the Social Security Act and emergency advance payments made under section 1631(a)(4)(B) of such Act are fully available to homeless individuals. SEC. 6. REPORTING REQUIREMENTS. (a) Evaluations.-- (1) In general.--The Secretary shall prepare an evaluation of the activities carried out under this Act. (2) Criteria.--At a minimum, the criteria used by the Secretary in evaluating such activities shall-- (A) fully take into account the special circumstances of the individuals reached through the outreach activities conducted under this Act and the need of such individuals for personalized attention and follow-through assistance; and (B) emphasize the extent to which-- (i) the procedures used to carry out the outreach activities take into account such circumstances; and (ii) the assistance made available to such individuals through such activities meets such need. (b) Reports.--Not less frequently than annually, the Secretary shall submit to the appropriate committees of Congress a full and complete report containing the evaluation described in subsection (a) and such recommendations for additional legislative or regulatory action as the Secretary may determine to be appropriate. SEC. 7. DEFINITION. For purposes of this Act, the term ``homeless individual'' means any individual-- (1) who lacks a fixed, regular, and adequate nighttime residence; or (2) whose primary nighttime residence is-- (A) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including a welfare hotel, a congregate shelter, and transitional housing for the mentally ill); (B) an institution that provides a temporary residence for individuals intended to be institutionalized; or (C) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.", "summary": "SSI Outreach Act of 1993 - Directs the Secretary of Health and Human Services to establish within the Social Security Administration an Office of Outreach Coordination to: (1) administer a program under which the Secretary provides grants and technical assistance to local governments and nonprofit organizations for outreach activities and services targeted at obtaining various assistance for homeless individuals and other hard to reach populations; (2) formulate and provide information and technical assistance to Social Security Administration field offices regarding outreach policies and methods and local outreach activities and services; and (3) implement the requirements of title XVI (Supplemental Security Income) (SSI) of the Social Security Act relating to the outreach program for children. Sets forth special rules governing the provision of social security benefits to homeless individuals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Courts Assistance Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nearly one-third of American women report being physically or sexually abused by a husband or boyfriend at some point in their lives. (2) Family violence costs the nation between $5,000,000,000 and $10,000,000,000 each year in medical expenses, police and court costs, shelters and foster care, sick leave, absenteeism, and nonproductivity. (3) The Nation's first specialized domestic violence court was established in Chicago in the early 1980s to centralize the prosecution of domestic violence offenders. (4) There are presently more than 300 domestic violence courts in at least 23 States nationwide. (5) Specialized domestic violence courts in several communities have resulted in cutting the processing time of domestic violence, reducing a backlog of existing domestic violence cases and raising the conviction rate. (6) Specialized domestic violence courts allow judges, prosecutors and defense attorneys to focus on the intricacies of domestic violence cases, especially with regards to repeat offenders. SEC. 3. ESTABLISHMENT OF DOMESTIC VIOLENCE COURT SYSTEMS FROM AMOUNTS AVAILABLE FOR GRANTS TO COMBAT VIOLENCE AGAINST WOMEN. (a) In General.--Part T of the Omnibus Crime Control and Safe Streets Act of 1968 (relating to grants to combat violent crimes against women) is amended as follows: (1) Purposes for which grants may be used.--Section 2001(b) of that Act (42 U.S.C. 3796gg(b)) is amended-- (A) in paragraph (10), by striking ``and'' at the end; (B) in paragraph (11), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(12) providing the resources to establish and maintain a court system dedicated to the adjudication of domestic violence cases, including providing such resources as-- ``(A) prosecutors and court personnel, including those who perform interpretation and translation services; ``(B) technical assistance and counseling; ``(C) training of attorneys, judges, and court personnel, including those who perform interpretation and translation services (which should be carried out in consultation with local domestic violence advocates, State domestic violence coalitions, or both); ``(D) technological improvements and data collection; and ``(E) improvement of court facilities, including the creation of safe waiting areas and improved security.''. (2) Qualification for funds.--Section 2002(c)(3)(C) of that Act (42 U.S.C. 3796gg-1(c)(3)(C)) is amended by inserting after ``including juvenile courts'' the following: ``and specialized domestic violence courts''. (b) Attorney General Report.--Not later than thirty days after the expiration of the third fiscal year beginning after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the implementation and effectiveness of the amendments made by subsection (b), including the effectiveness of grants made under such amendments in reducing the rates of domestic violence and shortening the period of judicial review in domestic violence cases. (c) State Justice Institute.--Section 206(c) of the State Justice Institute Act of 1984 (42 U.S.C. 10705(c)) is amended-- (1) in paragraph (14) by striking ``and''; (2) in paragraph (15) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(16) implement and evaluate court-based approaches to adjudicating domestic violence cases in State courts, including-- ``(A) domestic violence courts; ``(B) integrated case management information systems; ``(C) collaborations among courts, law enforcement agencies, social service agencies, women's shelters, and victims of crime support organizations; and ``(D) any other innovative practices likely to improve the criminal justice system's response to domestic violence; and ``(17) provide technical assistance to State courts to facilitate the development and adoption of improved practices in the adjudication of domestic violence cases.''. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out paragraphs (16) and (17) of section 206(c) of the State Justice Institute Act of 1984, as added by subsection (c), $1,500,000 for each of fiscal years 2005 through 2008.", "summary": "Domestic Violence Courts Assistance Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (relating to grants to combat violent crimes against women) to allow such grants to be used to provide the resources to establish and maintain a court system dedicated to the adjudication of domestic violence cases. Requires a State to certify that at least five percent of grant funds shall be allocated for specialized domestic violence courts. Amends the State Justice Institute Act of 1984 to allow funds available pursuant to grants, cooperative agreements, or contracts awarded under the Act to be used to: (1) implement and evaluate court-based approaches to adjudicating domestic violence cases in State courts; and (2) provide technical assistance to State courts to facilitate the development and adoption of improved practices in such adjudication."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Abuse Prevention Act of 2005''. SEC. 2. PURPOSE. It is the purpose of this Act to stop ensuring that lenders in the Federal Family Education Loan Program continue to receive extraordinary and unnecessary taxpayer subsidies, to make public college tuition free for future mathematics, science, and special education teachers, and to provide additional assistance to students eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.). SEC. 3. ENDING THE 9.5 PERCENT GUARANTEED RATE OF RETURN ON FEDERAL FAMILY EDUCATION LOANS. (a) Technical Correction.--Section 2 of the Taxpayer-Teacher Protection Act of 2004 (Public Law 108-409; 118 Stat. 2299) is amended in the matter preceding paragraph (1) by inserting ``of the Higher Education Act of 1965'' after ``Section 438(b)(2)(B)''. (b) Prospective Special Allowances.-- (1) In general.--Section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)), as amended by the Taxpayer-Teacher Protection Act of 2004, is amended-- (A) in clause (iv), by striking ``1993, or refunded after September 30, 2004, and before January 1, 2006, the'' and inserting ``1993, or refunded on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004, the''; and (B) by striking clause (v) and inserting the following: ``(v) Notwithstanding clauses (i) and (ii), the quarterly rate of the special allowance shall be the rate determined under subparagraph (A), (E), (F), (G), (H), or (I) of this paragraph, or paragraph (4), as the case may be, for loans-- ``(I) originated, transferred, or purchased on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004; ``(II) financed by an obligation that has matured, been retired, or defeased on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004; ``(III) which the special allowance was determined under such subparagraphs or paragraph, as the case may be, on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004; ``(IV) for which the maturity date of the obligation from which funds were obtained for such loans was extended on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004; or ``(V) sold or transferred to any other holder on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004.''. (2) Rule of construction.--Nothing in the amendment made by paragraph (1) shall be construed to abrogate a contractual agreement between the Federal Government and a student loan provider. (c) Prepayment of Current Loans.-- (1) In general.--The Secretary of Education shall encourage a borrower to consolidate such borrower's loans under section 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g)) if 1 or more of such loans is a loan for which the holder of the loan is entitled to a special allowance payment determined under section 438(b)(2)(B) of such Act (20 U.S.C. 1087-1(b)(2)(B)) that ensures the holder a minimum 9.5 percent rate of return on such loan, by offering the borrower an incentive, as described in paragraph (2). (2) Incentive.--Except as provided in paragraph (3), an incentive to a borrower regarding a loan for which the holder of the loan is entitled to a special allowance payment determined under section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) that ensures the holder a minimum 9.5 percent rate of return on such loan, shall take the form of-- (A) an immediate $1,000 reduction in the principal of such loan; or (B) not less than a 1-percent reduction in the interest rate payments on such loan. (3) Exception.--The Secretary of Education shall not offer an incentive under paragraph (2) to a borrower of a loan described in such paragraph if offering the incentive will increase the long-term costs to the Federal Government of such loan. SEC. 4. TUITION-FREE COLLEGE FOR FUTURE MATHEMATICS, SCIENCE, AND SPECIAL EDUCATION TEACHERS. (a) Additional Amounts for Teachers in Mathematics, Science, and Special Education.-- (1) FFEL loans.--Section 428J(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(c)(3)) is amended by striking ``$17,500'' and inserting ``$23,000''. (2) Direct loans.--Section 460(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 1087j(c)(3)) is amended by striking ``$17,500'' and inserting ``$23,000''. (b) Effective Date.--The amendments made by this section shall apply only with respect to eligible individuals who are new borrowers on or after October 1, 1998. SEC. 5. INCREASED GRANT AID TO PELL GRANT RECIPIENTS. (a) In General.--Any funds available to the Secretary of Education as a result of reduced expenditures under section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1) secured by the enactment of section 3 shall first be used by the Secretary for loan cancellation and loan forgiveness for teachers under sections 428J and 460 of the Higher Education Act of 1965 (20 U.S.C. 1078-10 and 1087j), as amended by section 4. (b) Remaining Funds.-- (1) In general.--Any such funds remaining after carrying out subsection (a) shall be used by the Secretary of Education to make payments to each nonprofit lender in an amount that bears the same relation to the remaining funds as the amount the nonprofit lender receives for fiscal year 2005 under section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) bears to the total amount received by nonprofit lenders for fiscal year 2005 under such section. (2) Definition of nonprofit lender.--In this subsection, the term ``nonprofit lender'' means an eligible lender (as defined in section 435(d) of the Higher Education Act of 1965 (20 U.S.C. 1085(d)) that-- (A) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986; (B) is a nonprofit entity as defined by applicable State law; and (C) meets the following requirements: (i) The nonprofit lender does not confer a salary or benefits to any employee of the nonprofit lender in an amount that is in excess of the salary and benefits provided to the Secretary of Education by the Department of Education. (ii) The nonprofit lender does not maintain an ongoing relationship whereby the nonprofit lender passes on revenue directly or indirectly through lease, securitization, resale, or any other financial instrument to a for-profit entity or to shareholders. (iii) The nonprofit lender does not offer benefits to a borrower in a manner directly or indirectly predicated on such borrower's participation-- (I) in a program under part B or D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq. and 1087a et seq.); or (II) with any particular lender. (iv) The nonprofit lender certifies that the nonprofit lender uses the payment received pursuant to paragraph (1) to confer grant or scholarship benefits to students who are eligible to receive Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.). (v) The nonprofit lender is subject to public oversight through either a State charter or through not less than 50 percent of the nonprofit lender's board of directors consisting of State-appointed representatives. (vi) The nonprofit lender does not engage in the marketing of the relative value of programs under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) as compared to programs under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), nor does the nonprofit lender engage in the marketing of loans or programs offered by for-profit lenders. This clause shall not be construed to prohibit the nonprofit lender from conferring basic information on lenders under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) and the related benefits offered by such nonprofit lenders.", "summary": "Student Loan Abuse Prevention Act of 2005 - Amends the Higher Education Act of 1965 as amended by the Taxpayer-Teacher Protection Act of 2004 (HEA) to reduce special allowance payments to holders of student loans by making permanent the ending of a 9.5% minimum guaranteed rate of return to such holders. Directs the Secretary of Education to give incentives, in the form of certain reductions in principal or interest rate, to borrowers to consolidate any current loans for which the holder is entitled to a special allowance that ensures such a 9.5 rate of return, provided such an incentive does not increase the cost of such loan to the federal government. Increases to $23,000 the maximum amount of student loan forgiveness under the Federal Family Education Loan and the Federal Direct Student Loan programs for certain eligible teachers of: (1) mathematics or science in secondary schools; and (2) special education in elementary and secondary schools. Directs the Secretary to use funds available from reduced expenditures resulting from this Act's reduction of special allowances to loan holders, as follows: (1) first, for the student loan cancellation and forgiveness programs for teachers under HEA as amended by this Act; and (2) then, the remainder for payments to nonprofit lenders meeting certain criteria and using such payments to confer grant or scholarship benefits on students eligible for Federal Pell Grants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens' Freedom to Work Act''. SEC. 2. ADJUSTMENTS IN MONTHLY EXEMPT AMOUNT FOR PURPOSES OF THE SOCIAL SECURITY EARNINGS TEST. (a) Increase in Monthly Exempt Amount for Individuals Who Have Attained Retirement Age.-- (1) In general.--Section 203(f)(8)(D) of the Social Security Act (42 U.S.C. 403(f)(8)(D)) is amended to read as follows: ``(D)(i) Notwithstanding any other provision of this subsection, the exempt amount which is applicable to an individual who has attained retirement age (as defined in section 216(l)) before the close of the taxable year involved shall be-- ``(I) $1,208.33\\1/3\\ for each month of any taxable year ending after 1995 and before 1997, ``(II) $1,416.66\\2/3\\ for each month of any taxable year ending after 1996 and before 1998, ``(III) $1,666.66\\2/3\\ for each month of any taxable year ending after 1997 and before 1999, ``(IV) $1,875.00 for each month of any taxable year ending after 1998 and before 2000, ``(V) $2,083.33\\1/3\\ for each month of any taxable year ending after 1999 and before 2001, ``(VI) $2,291.66\\2/3\\ for each month of any taxable year ending after 2000 and before 2002, and ``(VII) $2,500.00 for each month of any taxable year ending after 2001 and before 2003.''. (2) Increased amounts subject to present law cost-of-living adjustment after 2002.--Section 203(f)(8)(D) of such Act (42 U.S.C. 403(f)(8)(D)), as amended by paragraph (1), is amended by adding at the end the following new clause: ``(ii) For purposes of this paragraph, the increase in the exempt amount provided under clause (i)(VII) shall be deemed to have resulted from a determination which shall be deemed to have been made under subparagraph (A) in 2001.''. (3) Conforming amendment.--The second sentence of section 223(d)(4)(A) of such Act (42 U.S.C. 423(d)(4)(A)) is amended by striking ``the exempt amount under section 203(f)(8) which is applicable to individuals described in subparagraph (D) thereof'' and inserting the following: ``an amount equal to the exempt amount which would have been applicable under section 203(f)(8), to individuals described in subparagraph (D) thereof, if the amendments made to such section by the Senior Citizens' Freedom to Work Act had not been enacted''. (4) Effective date of subsection.--The amendments made by this subsection shall apply with respect to taxable years beginning after 1995. (b) Compensation of Trust Fund for Increased Outlays.-- (1) In general.--Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is amended-- (A) by inserting ``(1)'' after ``(d)''; (B) in the fifth sentence, by striking ``shall bear interest'' and inserting ``shall (subject to paragraph (2)) bear interest''; and (C) by adding at the end the following new paragraph: ``(2) In the case of the Federal Old-Age and Survivors Insurance Trust Fund, the Managing Trustee shall increase the rate of interest (otherwise specified in the fifth sentence of paragraph (1)) which is to be borne by obligations referred to in the fourth sentence of paragraph (1) issued after September 30, 1995, and before October 1, 2002, by .25 percent point for each fiscal year beginning after September 30, 1995, and before October 1, 2002. For purposes of this paragraph, any obligation in which any portion of such Trust Fund is invested which was issued before October 1, 1995, shall be deemed to have matured on September 30, 1995, and to have been reissued on October 1, 1995, with the same maturation date and same rate of interest (subject to the increase provided under this paragraph).''. (2) Effective date of subsection.--The amendments made by this subsection shall apply with respect to obligations issued after December 31, 1995. (c) Additional Offsets.-- (1) In general.--Notwithstanding any other provision of law, each nonexempt account within the discretionary spending category for each of the fiscal years 1996 through 2002 shall be reduced, if necessary, by the uniform percentage necessary to offset the Federal Old-Age and Survivors Insurance Trust Fund shortfall resulting from the amendments made to section 203(f)(8) of the Social Security Act by the Senior Citizens' Freedom to Work Act. (2) Effective date.--The reductions required by this subsection shall be implemented pursuant to a Presidential order as provided for a sequester to eliminate a budget-year breach under section 251 of the Balanced Budget and Deficit Control Act of 1985. The reductions required by this subsection shall be in addition to any reductions required by section 251 of the Balanced Budget and Deficit Control Act of 1985. (d) Report by GAO.--Not later than the date which is 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall report to the Congress regarding an analysis of the dynamic effect of the reform of the social security earnings limit under section 203(f)(8) of the Social Security Act, as provided by subsection (a) of this section, and a calculation of the reform's true effect on the Federal budget.", "summary": "Senior Citizens' Freedom to Work Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to increase the monthly exempt amount, under the earnings test, for individuals who have attained retirement age. Sets forth the schedule of monthly adjustments increasing from $1,208 for taxable year 1996 to $2,500 for taxable year 2002. Subjects such increased amounts to current law cost-of-living adjustments after 2002. Requires the Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund to increase by a specified percentage per year the rate of interest borne by public-debt obligations issued for purchase by the OASDI trust funds between September 30, 1995, and October 1, 2002. Provides that each nonexempt account within the discretionary spending category for each of FY 1996 through 2002 shall be reduced, if necessary, by the uniform percentage necessary to offset the Federal Old-Age and Survivors Insurance Trust Fund shortfall resulting from the amendments of this Act increasing the monthly exempt amount. Directs the Comptroller General to analyze and report to the Congress on the dynamic effect of the revision of the social security earnings limit made by this Act and a calculation of its true effect on the Federal budget."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nuclear Safety and Promotion Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--GROWTH OF NUCLEAR ENERGY Sec. 101. Price Anderson reauthorization. Sec. 102. Elimination of foreign ownership restrictions. Sec. 103. Combined licenses. Sec. 104. Scope of environmental review. TITLE II--NRC REGULATORY REFORM Sec. 201. Elimination of duplicative antitrust review. Sec. 202. Hearing procedures. Sec. 203. Authority over former licensees for decommissioning funding. TITLE III--NRC PERSONNEL CRISIS Sec. 301. Elimination of pension offset. Sec. 302. Contracts with the national laboratories. Sec. 303. NRC training program. TITLE I--GROWTH OF NUCLEAR ENERGY SEC. 101. PRICE-ANDERSON REAUTHORIZATION. (a) Indemnification of Licensees.--Section 170c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is amended-- (1) in the subsection heading, by striking ``Licenses'' and inserting ``Licensees''; and (2) in the first sentence, by striking ``August 1, 2002'' and inserting ``August 1, 2012''. (b) Reports to Congress.--Section 170p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) is amended by striking ``August 1, 1998'' and inserting ``August 1, 2008''. (c) Applicability.--The amendments made by this section apply with respect to nuclear incidents occurring on or after the date of enactment of this Act. SEC. 102. ELIMINATION OF FOREIGN OWNERSHIP RESTRICTIONS. (a) Commercial Licenses.--Section 103d. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amended by striking the second sentence. (b) Medical Therapy and Research and Development.--Section 104d. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is amended by striking the second sentence. SEC. 103. COMBINED LICENSE PERIODS. Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) is amended-- (1) by striking ``c. Each such'' and inserting the following: ``c. License Period.-- ``(1) In general.--Each such''; and (2) by adding at the end the following: ``(2) Combined licenses.--In the case of a combined construction and operating license issued under section 185(b), the duration of the operating phase of the license period shall not be less than the duration of the operating license if application had been made for separate construction and operating licenses.''. SEC. 104. SCOPE OF ENVIRONMENTAL REVIEW. (a) In General.--Chapter 10 of title I of the Atomic Energy act of 1954 (42 U.S.C. 2131 et seq.) is amended-- (1) by redesignating sections 110 and 111 as section 111 and 112, respectively; and (2) by inserting after section 109 the following: ``SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW. ``In conducting any environmental review (including any activity conducted under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332)) in connection with an application for a license or a renewed license under this chapter, the Commission shall not give any consideration to the need for, or any alternative to, the facility to be licensed.''. (b) Conforming Amendments.-- (1) The Atomic Energy Act of 1954 is amended-- (A) in the table of contents (42 U.S.C. prec. 2011), by striking the items relating to section 110 and inserting the following: ``Sec. 110. Scope of environmental review. ``Sec. 111. Exclusions. ``Sec. 112. Licensing by Nuclear Regulatory Commission of distribution of certain materials by Department of Energy.''; (B) in the last sentence of section 57b. (42 U.S.C. 2077(b)), by striking ``section 111 b.'' and inserting ``section 112b.''; and (C) in section 131a.(2)(C), by striking ``section 111 b.'' and inserting ``section 112b.''. (2) Section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842) is amended-- (A) by striking ``section 110 a.'' and inserting ``section 111a.''; and (B) by striking ``section 110 b.'' and inserting ``section 111b.''. TITLE II--NRC REGULATORY REFORM SEC. 201. ELIMINATION OF DUPLICATIVE ANTITRUST REVIEW. Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended by striking subsection c. and inserting the following: ``c. Conditions.-- ``(1) In general.--A condition for a grant of a license imposed by the Commission under this section shall remain in effect until the condition is modified or removed by the Commission. ``(2) Modification.--If a person that is licensed to construct or operate a utilization or production facility applies for reconsideration under this section of a condition imposed in the person's license, the Commission shall conduct a proceeding, on an expedited basis, to determine whether the license condition-- ``(A) is necessary to ensure compliance with subsection a.; or ``(B) should be modified or removed.''. SEC. 202. HEARING PROCEDURES. Section 189a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)(1)) is amended by adding at the end the following: ``(C) Hearings.--A hearing under this section shall be conducted using informal adjudicatory procedures unless the Commission determines that formal adjudicatory procedures are necessary-- ``(i) to develop a sufficient record; or ``(ii) to achieve fairness.''. SEC. 203. AUTHORITY OVER FORMER LICENSEES FOR DECOMMISSIONING FUNDING. Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) is amended-- (1) by striking ``and (3)'' and inserting ``(3)''; and (2) by inserting before the semicolon at the end the following: ``, and (4) to ensure that sufficient funds will be available for the decommissioning of any production or utilization facility licensed under section 103 or 104b., including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee under this Act that has control over any fund for the decommissioning of the facility''. TITLE III--NRC PERSONNEL CRISIS SEC. 301. ELIMINATION OF PENSION OFFSET. Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is amended by adding at the end the following: ``y. exempt from the application of sections 8344 and 8468 of title 5, United States Code, an annuitant who was formerly an employee of the Commission who is hired by the Commission as a consultant, if the Commission finds that the annuitant has a skill that is critical to the performance of the duties of the Commission.''. SEC. 302. CONTRACTS WITH THE NATIONAL LABORATORIES. Section 170A of the Atomic Energy Act of 1954 (42 U.S.C. 2210a) is amended by striking subsection c. and inserting the following: ``c. Contracts, Agreements, and Other Arrangements With the National Laboratories.--Notwithstanding subsection b. and notwithstanding the potential for a conflict of interest that cannot be avoided, the Commission may enter into a contract, agreement, or other arrangement with a national laboratory if the Commission takes reasonable steps to mitigate the effect of the conflict of interest.''. SEC. 303. NRC TRAINING PROGRAM. (a) In General.--In order to maintain the human resource investment and infrastructure of the United States in the nuclear sciences, health physics, and engineering fields, in accordance with the statutory authorities of the Commission relating to the civilian nuclear energy program, the Nuclear Regulatory Commission shall carry out a training and fellowship program to address shortages of individuals with critical safety skills. (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2002 through 2005. (2) Availability.--Funds made available under paragraph (1) shall remain available until expended.", "summary": "Nuclear Safety and Promotion Act - Amends the Atomic Energy Act of 1954 to reauthorize until August 1, 2012, mandatory indemnification and holding harmless of certain licensees for nuclear incidents (Price-Anderson Act).Repeals the prohibition against foreign ownership of commercial, medical therapy, and research and development licenses issued by the NRC.Provides that the duration of the operating phase of the license period for certain combined construction and operating licenses shall not be less than the duration of the operating license if application had been made for separate construction and operating licenses.Prohibits the NRC from giving any consideration to need or alternative when conducting any environmental review regarding a facility license application or renewal.Eliminates antitrust review of NRC license applications.Authorizes the NRC to prescribe regulations to ensure the availability of sufficient decommissioning funds for certain production or utilization facilities, including standards and restrictions governing former licensee control and disbursement over any facility decommissioning fund.Authorizes the NRC to eliminate the pension offset governing former NRC employees rehired as consultants if the annuitant has skills critical to the performance of NRC duties.Repeals the requirements that the NRC promulgate implementation rules governing conflicts of interest relating to contracts. Authorizes the NRC enter into a contract with a national laboratory if it takes reasonable steps to mitigate the effect of the conflict of interest.Instructs the NRC to implement a training and fellowship program to address shortages of critical safety skills."}
{"article": "TITLE I--NTSB AMENDMENTS SEC. 101. SHORT TITLE. This title may be cited as the ``National Transportation Safety Board Amendments of 1996''. SEC. 102. FOREIGN INVESTIGATIONS. Section 1114 of title 49, United States Code, is amended-- (1) by striking ``(b) and (c)'' in subsection (a) and inserting ``(b), (c), and (e)''; and (2) by adding at the end the following: ``(e) Foreign Investigations.-- ``(1) In general.--Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose records or information relating to its participation in foreign aircraft accident investigations; except that-- ``(A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and ``(B) the Board may disclose records and information when authorized to do so by the country conducting the investigation. ``(2) Safety recommendations.--Nothing in this subsection shall restrict the Board at any time from referring to foreign accident investigation information in making safety recommendations.''. SEC. 103. PROTECTION OF VOLUNTARY SUBMISSION OF INFORMATION. Section 1114(b) of title 49, United States Code, is amended by adding at the end the following: ``(3) Protection of Voluntary Submission of Information.-- Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose voluntarily provided safety-related information if that information is not related to the exercise of the Board's accident or incident investigation authority under this chapter and if the Board finds that the disclosure of the information would inhibit the voluntary provision of that type of information.''. SEC. 104. TRAINING. Section 1115 of title 49, United States Code, is amended by adding at the end the following: ``(d) Training of board employees and others.--The Board may conduct training of its employees in those subjects necessary for the proper performance of accident investigation. The Board may also authorize attendance at courses given under this subsection by other government personnel, personnel of foreign governments, and personnel from industry or otherwise who have a requirement for accident investigation training. The Board may require non-Board personnel to reimburse some or all of the training costs, and amounts so reimbursed shall be credited to the appropriation of the `National Transportation Safety Board, Salaries and Expenses' as offsetting collections.''. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. Section 1118(a) of title 49, United States Code, is amended-- (1) by striking ``and''; and (2) by inserting before the period at the end of the first sentence the following: ``, $42,400,00 for fiscal year 1997, $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year 1999.''. TITLE II--INTERMODAL TRANSPORTATION SEC. 201. SHORT TITLE. This title may be cited as the ``Intermodal Safe Container Transportation Amendments Act of 1996''. SEC. 202. AMENDMENT OF TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49 of the United States Code. SEC. 203. DEFINITIONS. Section 5901 (relating to definitions) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) except as otherwise provided in this chapter, the definitions in sections 10102 and 13102 of this title apply.''; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (3) by inserting after paragraph (5) the following: ``(6) `gross cargo weight' means the weight of the cargo, packaging materials (including ice), pallets, and dunnage.''. SEC. 204. NOTIFICATION AND CERTIFICATION. (a) Prior Notification.--Subsection (a) of section 5902 (relating to prior notification) is amended-- (1) by striking ``Before a person tenders to a first carrier for intermodal transportation a'' and inserting ``If the first carrier to which any''; (2) by striking ``10,000 pounds (including packing material and pallets), the person shall give the carrier a written'' and inserting ``29,000 pounds is tendered for intermodal transportation is a motor carrier, the person tendering the container or trailer shall give the motor carrier a''; (3) by striking ``trailer.'' and inserting ``trailer before the tendering of the container or trailer.''; (4) by striking ``electronically.'' and inserting ``electronically or by telephone.''; and (5) by adding at the end thereof the following: ``This subsection applies to any person within the United States who tenders a container or trailer subject to this chapter for intermodal transportation if the first carrier is a motor carrier.''. (b) Certification.--Subsection (b) of section 5902 (relating to certification) is amended to read as follows: ``(b) Certification.-- ``(1) In general.--A person who tenders a loaded container or trailer with an actual gross cargo weight of more than 29,000 pounds to a first carrier for intermodal transportation shall provide a certification of the contents of the container or trailer in writing, or electronically, before or when the container or trailer is so tendered. ``(2) Contents of certification.--The certification required by paragraph (1) shall include-- ``(A) the actual gross cargo weight; ``(B) a reasonable description of the contents of the container or trailer; ``(C) the identity of the certifying party; ``(D) the container or trailer number; and ``(E) the date of certification or transfer of data to another document, as provided for in paragraph (3). ``(3) Transfer of certification data.--A carrier who receives a certification may transfer the information contained in the certification to another document or to electronic format for forwarding to a subsequent carrier. The person transferring the information shall state on the forwarded document the date on which the data was transferred and the identity of the party who performed the transfer. ``(4) Shipping documents.--For purposes of this chapter, a shipping document, prepared by the person who tenders a container or trailer to a first carrier, that contains the information required by paragraph (2) meets the requirements of paragraph (1). ``(5) Use of `freight all kinds' term.--The term `Freight All Kinds' or `FAK' may not be used for the purpose of certification under section 5902(b) after December 31, 2000, as a commodity description for a trailer or container if the weight of any commodity in the trailer or container equals or exceeds 20 percent of the total weight of the contents of the trailer or container. This subsection does not prohibit the use of the term after that date for rating purposes. ``(6) Separate document marking.--If a separate document is used to meet the requirements of paragraph (1), it shall be conspicuously marked `INTERMODAL CERTIFICATION'. ``(7) Applicability.--This subsection applies to any person, domestic or foreign, who first tenders a container or trailer subject to this chapter for intermodal transportation within the United States.''. (c) Forwarding Certifications.--Subsection (c) of section 5902 (relating to forwarding certifications to subsequent carriers) is amended-- (1) by striking ``transportation.'' and inserting ``transportation before or when the loaded intermodal container or trailer is tendered to the subsequent carrier. If no certification is received by the subsequent carrier before or when the container or trailer is tendered to it, the subsequent carrier may presume that no certification is required.''; and (2) by adding at the end thereof the following: ``If a person inaccurately transfers the information on the certification, or fails to forward the certification to a subsequent carrier, then that person is liable to any person who incurs any bond, fine, penalty, cost (including storage), or interest for any such fine, penalty, cost (including storage), or interest incurred as a result of the inaccurate transfer of information or failure to forward the certification. A subsequent carrier who incurs a bond, fine, penalty, or cost (including storage), or interest as a result of the inaccurate transfer of the information, or the failure to forward the certification, shall have a lien against the contents of the container or trailer under section 5905 in the amount of the bond, fine, penalty, or cost (including storage), or interest and all court costs and legal fees incurred by the carrier as a result of such inaccurate transfer or failure.''. (d) Liability.--Section 5902 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following: ``(d) Liability to Owner or Beneficial Owner.--If-- ``(1) a person inaccurately transfers information on a certification required by subsection (b)(1), or fails to forward a certification to the subsequent carrier; ``(2) as a result of the inaccurate transfer of such information or a failure to forward a certification, the subsequent carrier incurs a bond, fine, penalty, or cost (including storage), or interest; and ``(3) that subsequent carrier exercises its rights to a lien under section 5905, then that person is liable to the owner or beneficial owner, or to any other person paying the amount of the lien to the subsequent carrier, for the amount of the lien and all costs related to the imposition of the lien, including court costs and legal fees incurred in connection with it.''. (e) Nonapplication.--Subsection (e) of section 5902, as redesignated, is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and by moving the text of paragraph (2), as so redesignated down 1 line and to the left, flush full measure and indenting such paragraph; and (2) by inserting before paragraph (2), as redesignated, the following: ``(1) The notification and certification requirements of subsections (a) and (b) of this section do not apply to any intermodal container or trailer containing consolidated shipments loaded by a motor carrier if that motor carrier-- ``(A) performs the highway portion of the intermodal movement; or ``(B) assumes the responsibility for any weight-related fine or penalty incurred by any other motor carrier that performs a part of the highway transportation.''. SEC. 205. PROHIBITIONS. Section 5903 (relating to prohibitions) is amended-- (1) by inserting after ``person'' in subsection (a) a comma and the following: ``To whom section 5902(b) applies,''; (2) by striking subsection (b) and inserting the following: ``(b) Transporting Prior to Receiving Certification.-- ``(1) Presumption.--If no certification is received by a motor carrier before or when a loaded intermodal container or trailer is tendered to it, the motor carrier may presume that the gross cargo weight of the container or trailer is less than 29,001 pounds. ``(2) Copy of certification not required to accompany container or trailer.--Notwithstanding any other provision of this chapter to the contrary, a copy of the certification required by section 5902(b) is not required to accompany the intermodal container or trailer.''; (3) by striking ``10,000 pounds (including packing materials and pallets)'' in subsection (c)(1) and inserting ``29,000 pounds''; and (4) by adding at the end the following: ``(d) Notice to Leased Operators.-- ``(1) In general.--If a motor carrier knows that the gross cargo weight of an intermodal container or trailer subject to the certification requirements of section 5902(b) would result in a violation of applicable State gross vehicle weight laws, then-- ``(A) the motor carrier shall give notice to the operator of a vehicle which is leased by the vehicle operator to a motor carrier that transports an intermodal container or trailer of the gross cargo weight of the container or trailer as certified to the motor carrier under section 5902(b); ``(B) the notice shall be provided to the operator prior to the operator being tendered the container or trailer; ``(C) the notice required by this subsection shall be in writing, but may be transmitted electronically; and ``(D) the motor carrier shall bear the burden of proof to establish that it tendered the required notice to the operator. ``(2) Reimbursement.--If the operator of a leased vehicle transporting a container or trailer subject to this chapter is fined because of a violation of a State's gross vehicle weight laws or regulations and the lessee motor carrier cannot establish that it tendered to the operator the notice required by paragraph (1) of this subsection, then the operator shall be entitled to reimbursement from the motor carrier in the amount of any fine and court costs resulting from the failure of the motor carrier to tender the notice to the operator.''. SEC. 206. LIENS. Section 5905 (relating to liens) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) General.--If a person involved in the intermodal transportation of a loaded container or trailer for which a certification is required by section 5902(b) of this title is required, because of a violation of a State's gross vehicle weight laws or regulations, to post a bond or pay a fine, penalty, cost (including storage), or interest resulting from-- ``(1) erroneous information provided by the certifying party in the certification to the first carrier in violation of section 5903(a) of this title; ``(2) the failure of the party required to provide the certification to the first carrier to provide it; ``(3) the failure of a person required under section 5902(c) to forward the certification to forward it; or ``(4) an error occurring in the transfer of information on the certification to another document under section 5902(b)(3) or (c), then the person posting the bond, or paying the fine, penalty, costs (including storage), or interest has a lien against the contents equal to the amount of the bond, fine, penalty, cost (including storage), or interest incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents, or from the person responsible for making or forwarding the certification, or transferring the information from the certification to another document.''; (2) by inserting a comma and ``or the owner or beneficial owner of the contents,'' after ``first carrier'' in subsection (b)(1); and (3) by striking ``cost, or interest.'' in subsection (b)(1) and inserting ``cost (including storage), or interest. The lien shall remain in effect until the lien holder has received payment for all costs and expenses described in subsection (a) of this section.''. SEC. 207. PERISHABLE AGRICULTURAL COMMODITIES. Section 5906 (relating to perishable agricultural commodities) is amended by striking ``Sections 5904(a)(2) and 5905 of this title do'' and inserting ``Section 5905 of this title does''. SEC. 208. EFFECTIVE DATE. (a) In General.--Section 5907 (relating to regulations and effective date) is amended to read as follows: ``Sec. 5907. Effective date ``This chapter shall take effect 180 days after the date of enactment of the Intermodal Safe Container Transportation Amendments Act of 1996.''. (b) Clerical Amendment.--The table of sections for chapter 59 is amended by striking the item relating to section 5907 and inserting the following: ``5907. Effective date.''. SEC. 209. RELATIONSHIP TO OTHER LAWS. (a) In General.--Chapter 59 is amended by adding at the end thereof the following: ``Sec. 5908. Relationship to other laws ``Nothing in this chapter affects-- ``(1) chapter 51 (relating to transportation of hazardous material) or the regulations promulgated under that chapter; or ``(2) any State highway weight or size law or regulation applicable to tractor-trailer combinations.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end thereof the following: ``5908. Relationship to other laws.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "TABLE OF CONTENTS: Title I: NTSB Amendments Title II: Intermodal Transportation Title I: NTSB Amendments - National Transportation Safety Board Amendments of 1996 - Amends Federal transportation law to prohibit the National Transportation Safety Board (NTSB) and any agency receiving information from it from disclosing: (1) records or information relating to its participation in foreign aircraft accident investigations, except in certain circumstances; or (2) voluntarily provided safety-related information unrelated to the exercise of the NTSB's accident or incident investigation authority, if disclosure would inhibit the voluntary provision of that type of information. (Sec. 104) Authorizes the NTSB to conduct training of its employees in subjects necessary for the proper performance of accident investigations. (Sec. 105) Authorizes appropriations to the Board through FY 1999. Title II: Intermodal Transportation - Intermodal Safe Container Transportation Amendments Act of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation. Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier. (Sec. 204) Allows such notification to be made by telephone, and allows the required certification of container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. (Sec. 205) Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer. Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that is fined because of a violation of a State's gross vehicle weight laws. (Sec. 206) Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification of gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Protection Encouragement Act of 1993''. SEC. 2. ELECTION TO EXPENSE CERTAIN ENVIRONMENTAL PROPERTY. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after section 179A the following new section: ``SEC. 179. ELECTION TO EXPENSE CERTAIN ENVIRONMENTAL IMPROVEMENT PROPERTY. ``(a) Treatment as Expenses.--A taxpayer may elect to treat the cost of any environmental improvement property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the environmental improvement property is placed in service. ``(b) Environmental Improvement Property.--For purposes of this subsection-- ``(1) In general.--The term `environmental improvement property' means tangible property which is acquired by purchase for use in the active conduct of a trade or business and which is-- ``(A) of a character subject to the allowance for depreciation provided in section 167, ``(B) used for one or more of the following purposes-- ``(i) source reduction, ``(ii) solid waste minimization, ``(iii) waste conversion or recycling, ``(iv) reduction of environmental hazards, ``(v) compliance with environmental permits, rules, and similar requirements, ``(vi) prevention, containment, or control of unplanned releases, or ``(vii) the manufacture, distribution, and sale of alternate fuels and blending stocks or fuel additives for reformulated fuels, and ``(C) located and used exclusively in the United States during the taxable year. If only a portion of property described in subparagraphs (A) and (C) is described in subparagraph (B), such portion shall be treated as environmental improvement property. For purposes of this paragraph, the term `United States' has the meaning given such term by paragraph (1) of section 638 (relating to continental shelf areas). ``(2) Other definitions.--For purposes of this subsection-- ``(A) Source reduction.--The term `source reduction' means reduction of the amount of regulated substances or other pollutants from fixed or mobile sources released into the environment if such reduction reduces hazards to public health or environment. ``(B) Solid waste minimization.--The term `solid waste minimization' means the reduction in the generation of, or the recovery of commercially usable products from, residual materials which are classified as, or which if disposed would be classified as, solid wastes (within the meaning of the Resource Conservation and Recovery Act). ``(C) Waste conversion or recycling.--The term `waste conversion or recycling' means the processing or conversion of liquid, solid, or gaseous wastes into fuel, energy, or other commercially usable products, and the production of such products if production occurs at the same facility as the conversion. ``(D) Abatement of environmental hazards.--The term `abatement of environmental hazards' includes the abatement, reduction, monitoring, or stabilization of potential human exposure to toxic chemicals, hazardous or extremely hazardous substances, or harmful radiation. ``(E) Unplanned releases.--The term `unplanned releases' means any release of regulated substances (except federally permitted releases), including indoor releases. ``(F) Regulated substance.--The term `regulated substance' includes any substance the release or emission of which is prohibited, limited, or regulated by Federal or State law or by Federal regulations (as determined without regard to whether a particular release would have been prohibited or limited). ``(G) Release.--The term `release' means any spilling, leaking, pouring, discharging, escaping, dumping, or disposing into the environment, including the abandonment or discarding of barrels or other closed receptacles. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Purchase.--The term `purchase' has the meaning given such term by section 179(d)(2). ``(2) Cost.--The cost of property shall not include so much of the basis of the property as is determined by reference to the basis of other property held at any time by the person acquiring the property. ``(3) Coordination with other provisions.--This section shall not apply with respect to any property with respect to which an election under section 169 or 179 applies.'' (b) Conforming Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding after the item relating to section 179A the following new item: ``Sec. 179B. Election to expense certain environmental improvement property.''. (c) Effective Date.--The amendments made by this section applies to property placed in service in taxable years beginning after December 31, 1993.", "summary": "Environmental Protection Encouragement Act of 1993 - Amends the Internal Revenue Code to allow the expensing of the cost of environmental improvement property."}
{"article": "SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION. (a) In General.--Section 926A of title 18, United States Code, is amended to read as follows: ``Sec. 926A. Interstate transportation of firearms or ammunition ``(a) Notwithstanding any provision of any law, rule, or regulation of a State or any political subdivision thereof: ``(1) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation, the firearm is unloaded, and-- ``(A) if the transportation is by motor vehicle, the firearm is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the firearm is in a locked container other than the glove compartment or console, or is secured by a secure gun storage or safety device; or ``(B) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device. ``(2) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport ammunition, or any detachable magazine or feeding device for ammunition, for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, magazine, or feeding device to any other such place if, during the transportation, the ammunition, magazine, or feeding device is not loaded into a firearm, and-- ``(A) if the transportation is by motor vehicle, the ammunition, magazine, or feeding device is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the ammunition, magazine, or feeding device is in a locked container other than the glove compartment or console; or ``(B) if the transportation is by other means, the ammunition, magazine, or feeding device is in a locked container. ``(b) In subsection (a), the term `transport' includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport, but does not include transportation-- ``(1) with the intent to commit a crime punishable by imprisonment for a term exceeding one year that involves the use or threatened use of force against another; or ``(2) with knowledge, or reasonable cause to believe, that such a crime is to be committed in the course of, or arising from, the transportation. ``(c)(1) A person who is transporting a firearm, ammunition, magazine, or feeding device may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related solely to the possession, transportation, or carrying of firearms, ammunition, magazine, or feeding device unless there is probable cause to believe that the person is doing so in a manner not provided for in subsection (a). ``(2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsection (a). ``(3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney's fee. ``(d)(1) A person who is deprived of any right, privilege, or immunity secured by this section, section 926B or 926C, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages and other appropriate relief. ``(2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney's fee.''. (b) Clerical Amendment.--The table of sections for such chapter is amended in the item relating to section 926A by striking ``firearms'' and inserting ``firearms or ammunition''.", "summary": "This bill amends the federal criminal code to revise provisions related to the interstate transportation of firearms and ammunition. An individual may transport a firearm between two places (e.g., states) where it is legal to possess, carry, or transport the firearm. During transport, the firearm must be unloaded and secured or securely stored. Additionally, an individual may transport ammunition, or a detachable magazine or feeding device, between two places where it is legal to possess, carry, or transport the ammunition, magazine, or feeding device. During transport, the ammunition, magazine, or feeding device must not be loaded into a firearm and must be securely stored. This bill prohibits the arrest or detention of an individual for a state or local firearm or ammunition violation unless there is probable cause to believe the individual failed to comply with the provisions of this bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Mississippi Conservation and River Protection Act of 2013'' or the ``Upper Mississippi CARP Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Alternative technology barrier.--The term ``alternative technology barrier'' includes an electric barrier, acoustic barrier, bubble barrier, and such other barriers as the Secretary determines appropriate. (2) Asian carp.--The term ``Asian carp'' means-- (A) grass carp (Ctenopharyngodon idella); (B) silver carp (Hypophthalmichthys molitrix); (C) bighead carp (Hypophthalmichthys nobilis); and (D) black carp (Mylopharyngodon piceus). (3) Lock and dam 1.--The term ``Lock and Dam 1'' means the lock and dam located on Mississippi River mile 847.8 in Minneapolis, Minnesota. (4) Lock and dam 2.--The term ``Lock and Dam 2'' means the lock and dam located on Mississippi River mile 815.2 upstream of Hastings, Minnesota. (5) Lock and dam 4.--The term ``Lock and Dam 4'' means the lock and dam located on Mississippi River mile 752.8 in Alma, Wisconsin. (6) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (7) Upper st. anthony falls lock and dam.--The term ``Upper St. Anthony Falls Lock and Dam'' means the lock and dam located on Mississippi River mile 853.9 in Minneapolis, Minnesota. SEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF UPPER ST. ANTHONY FALLS LOCK. (a) Study.--The Secretary shall conduct a study on the feasibility of temporary closure of the lock at the Upper St. Anthony Falls Lock and Dam to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Potential Impacts.--In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of-- (1) temporary closure of the lock; and (2) continuing to operate the lock. (c) Consultation.--The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (d) Public Comment.--In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comment. (e) Report.--Not later than 6 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. SEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP CONTROL MEASURES. (a) Study.--The Secretary shall conduct a study on the feasibility of implementing control measures at the Upper St. Anthony Falls Lock and Dam and at Lock and Dam 1 to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Types of Control Measures.--The study shall include an examination of each of the following: (1) Permanent closure of the lock. (2) Modified lock operations. (3) Use of an alternative technology barrier. (4) Such other control measures as the Secretary determines appropriate. (c) Potential Impacts.--In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of-- (1) implementing each of the control measures to be examined under subsection (b); and (2) not implementing any control measures. (d) Consultation.--The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (e) Public Comment.--In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comment. (f) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. SEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF ASIAN CARP. (a) Discretionary Closure.--The Secretary may close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines in writing, based on the assessment of potential impacts under section 3(b), that closure of the lock is justified as a method to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Mandatory Closure.--The Secretary shall close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines that-- (1) one or more live adult Asian carp has been captured above Lock and Dam 2; or (2) one or more juvenile Asian carp has been captured above Lock and Dam 4. (c) Determinations by Secretary of the Interior.-- (1) Petitions.--If the Secretary of the Interior determines that an Asian carp has been captured that meets the criteria described in subsection (b)(1) or (b)(2), the Secretary of the Interior may transmit to the Secretary a petition for closure of the lock at the Upper St. Anthony Falls Lock and Dam. (2) Consideration.--After receiving a petition under paragraph (1), the Secretary shall-- (A) consider the recommendation contained in the petition and prepare a written response to the recommendation; and (B) transmit the petition and written response to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate and make the petition and written response available to the public by electronic means, including the Internet. (d) Period of Closure.--If the Secretary closes the lock under this section, the Secretary may reopen the lock after the Secretary determines in writing that adequate measures are in place to manage the threat of Asian carp moving upstream of the Upper St. Anthony Falls Lock and Dam. (e) Emergency Operations.--Nothing in this section shall prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK. The Council on Environmental Quality shall incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that, to the maximum extent practicable, Federal agencies researching Asian carp control technologies should partner with State and local shareholders, giving priority to those collaborative partnerships in which the State and local shareholders contribute to the cost of the research.", "summary": "Upper Mississippi Conservation and River Protection Act of 2013 or the Upper Mississippi CARP Act - Directs the Chief of Engineers to study the feasibility of: (1) temporarily closing the lock at the Upper St. Anthony Falls Lock and Dam (located on Mississippi River mile 853.9 in Minneapolis, Minnesota) to manage the threat of Asian carp traveling up the Mississippi River in Minnesota, and (2) implementing control measures at such lock and Lock and Dam 1 (located on Mississippi River mile 847.8 in Minneapolis, Minnesota), including permanently closing the locks, modifying lock operations, or using an alternative technology barrier, to manage such threat. Requires the Chief to assess the potential impacts, including environmental and economic impacts: (1) of temporary closure of such lock and of continuing to operate it, and (2) of implementing each of such control measures and of not implementing such measures. Authorizes the Chief to close such lock upon determining that closure is justified based on the assessment of potential impacts. Requires the Chief to close such lock upon determining that a live adult Asian carp has been captured above Lock and Dam 2 (located on Mississippi River mile 815.2 upstream of Hastings, Minnesota) or that a juvenile Asian carp has been captured above Lock and Dam 4 (located on Mississippi River mile 752.8 in Alma, Wisconsin). Authorizes the Secretary of the Interior, upon determining that an Asian carp has been captured at such a location, to transmit to the Chief a petition for closure of such lock. Allows the Chief to reopen the lock upon determining that adequate measures are in place to manage the threat. Directs the Council on Environmental Quality to incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. Expresses the sense of Congress that federal agencies researching Asian carp control technologies should partner with state and local shareholders, giving priority to collaborative partnerships in which such shareholders contribute to the cost of the research."}
{"article": "SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Natural Disaster Mitigation Act of 2011''. SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR NATURAL DISASTER MITIGATION PROPERTY. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. NATURAL DISASTER MITIGATION PROPERTY. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified natural disaster mitigation property expenditures made by the taxpayer during such taxable year in connection with a qualified principal residence of the taxpayer. ``(b) Maximum Credit.--The credit allowed under subsection (a) with respect to any principal residence of the taxpayer for any taxable year shall not exceed the excess of-- ``(1) $5,000 (half such amount in the case of a married individual filing a separate return), over ``(2) the aggregate amounts allowed as a credit under this section to the taxpayer (or the taxpayer's spouse) with respect to such residence for all prior taxable years. ``(c) Limitation Based on Amount of Tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this subpart (other than this section and sections 23, 24, and 25B) and section 27 for the taxable year. ``(d) Qualified Natural Disaster Mitigation Property Expenditure.-- For purposes of this section, the term `qualified natural disaster mitigation property expenditure' means an expenditure for-- ``(1) property to improve the strength of a roof deck attachment, ``(2) property to create a secondary water barrier to prevent water intrusion, ``(3) property to improve the durability of a roof covering, ``(4) property to brace gable-end walls, ``(5) property to reinforce the connection between a roof and supporting wall, ``(6) property to protect openings from penetration by windborne debris, ``(7) property to protect exterior doors and garages, ``(8) property to improve the natural resiliency of the property, including the restoration, establishment, or enhancement of aquatic resources (having the meanings given such terms by part 332 of title 33 of the Code of Federal Regulations), as prescribed by the Secretary after consultation with the Administrator of the Environmental Protection Agency and the Assistant Secretary of the Army for Civil Works, ``(9) seismic retrofitting, including property to increase resistance to seismic activity, ground motion, or soil failure due to earthquakes, or ``(10) such other measures to mitigate natural disaster damage to homes, as prescribed by the Secretary after consultation with the Administrator of the Federal Emergency Management Agency and, to the extent applicable, in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; Public Law 104- 113). ``(e) Qualified Principal Residence.--For purposes of this section, the term `qualified pricnipal residence' means the principal residence of the taxpayer (within the meaning of section 121) if such residence-- ``(1) is assessed by the locality in which it is located at a value which does not exceed 300 percent of the national median home price (determined as of the close of the taxable year for which the credit determined under this section is allowed), and ``(2) is not severe repetitive loss property (as defined in section 1361A of the National Flood Insurance Act (42 U.S.C. 4102a(b))). ``(f) Rules Related to Inspections and Labor Costs.--For purposes of this section-- ``(1) Inspection requirement.--An expenditure shall be taken into account in determining the qualified natural disaster mitigation property expenditures made by the taxpayer during the taxable year only if the installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by an inspector that is licensed or certified by the State or other governmental authority, or its designee, having jurisdiction over inspectors in the area where the installed property is located. ``(2) Labor and inspection costs.--For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (d) (including the cost of inspections referred to in paragraph (1)) shall be taken into account in determining the qualified natural disaster mitigation property expenditures made by the taxpayer during the taxable year. ``(g) Basis Adjustment.--For purposes of this section, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Natural disaster mitigation property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.", "summary": "Natural Disaster Mitigation Act of 2011 - Amends the Internal Revenue Code to allow individual taxpayers a nonrefundable tax credit for 25% of their qualified natural disaster mitigation property expenditures, as defined by this Act, made in connection with the taxpayer's principal residence."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Railroads against Enemy Efforts through Modernization, Planning, and Technology Act''. SEC. 2. RAILROAD TRANSPORTATION SECURITY PLAN. (a) Requirement.-- (1) In general.--The Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security and in accordance with the Memorandum of Understanding executed under section 3, shall develop a plan for the security of the Nation's railroads. The plan shall include-- (A) identification and evaluation of critical railroad assets and infrastructures; (B) identification of threats to those assets and infrastructures; (C) identification of vulnerabilities that are specific to the transportation of hazardous materials via railroad; (D) identification of redundant and backup systems required to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; (E) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the plan; (F) a plan for the Federal Government to provide increased security support at high or severe threat levels of alert, developed in consultation with the freight and intercity passenger railroads and State and local governments; (G) procedures for establishing and maintaining permanent and comprehensive consultative relations among the parties described in subsection (b); and (H) a contingency plan, developed in conjunction with freight and intercity and commuter passenger railroads, to ensure the continued movement of freight and passengers in the event of an attack affecting the railroad system, which shall contemplate-- (i) the possibility of rerouting traffic due to the loss of critical infrastructure, such as a bridge, tunnel, yard, or station; and (ii) methods of continuing railroad service in the Northeast Corridor in the event of a commercial power loss, or catastrophe affecting a critical bridge, tunnel, yard, or station. (2) Existing private and public sector efforts.--The plan shall take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions. (3) Recommendations.--The Secretary of Transportation shall develop prioritized recommendations for improving railroad security, including recommendations for-- (A) improving the security of rail tunnels, rail bridges, rail switching and car storage areas, other rail infrastructure and facilities, information systems, and other areas identified by the Secretary as posing significant railroad-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of railroad service; (B) deploying equipment to detect explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures; (C) installing redundant and backup systems to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; (D) conducting public outreach campaigns on passenger railroads; (E) deploying surveillance equipment; and (F) identifying the immediate and long-term costs of measures that may be required to address those risks. (b) Consultation.--In developing the plan under subsection (a), the Secretary of Transportation shall consult with rail management, rail labor, owners or lessors of rail cars used to transport hazardous materials, first responders, shippers of hazardous materials, State Departments of Transportation, public safety officials (including those within agencies and offices of the Department of Homeland Security), and other relevant parties. (c) Report.-- (1) Contents.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the plan and prioritized recommendations required by subsection (a), along with an estimate of the cost to implement such recommendations. (2) Format.--The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation $10,000,000 for fiscal year 2005 for the purpose of carrying out this section. SEC. 3. MEMORANDUM OF UNDERSTANDING. Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall execute a memorandum of understanding governing the roles and responsibilities of the Department of Transportation and the Department of Homeland Security, respectively, in addressing railroad transportation security matters, including the processes the departments will follow to promote communications, efficiency, and nonduplication of effort. SEC. 4. RAILROAD SECURITY UPGRADES. (a) Security Improvement Grants.--The Secretary of Transportation is authorized to make grants to railroads, hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including providing for-- (1) automated security inspection; (2) continued development and pilot deployment of communications-based train control systems; (3) emergency bridge repair and replacement technology and testing; (4) track, structure, and right-of-way integrity monitoring; (5) technologies for reduction of tank car vulnerability; (6) demonstration of bridge and tunnel inspection technologies; (7) establishment of a unified national railroad emergency operations center; (8) signal system security at turnouts; (9) security and redundancy for critical communications, electric power (including traction power), computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (10) the security of hazardous material transportation by railroad; (11) secure passenger railroad stations, trains, and infrastructure; (12) public security awareness campaigns for passenger train operations; (13) the sharing of intelligence and information about railroad security threats; (14) train tracking and interoperable communications systems that are coordinated to the maximum extent possible; (15) additional police and security officers, including canine units; and (16) other improvements recommended by the report required by section 2, including infrastructure, facilities, and equipment upgrades. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation-- (1) $5,000,000 for each of fiscal years 2005 and 2006 for automated security inspection; (2) $20,000,000 for continued development and deployment of communications-based train control systems; (3) $5,000,000 for each of fiscal years 2005 through 2008 for emergency bridge repair and replacement technology and testing; (4) $3,000,000 for fiscal year 2005 for track, structure, and right-of-way integrity monitoring; (5) $3,000,000 for fiscal year 2005 for technologies for reduction of tank car vulnerability; (6) $20,000,000 for demonstration of bridge and tunnel inspection technologies; (7) $10,000,000 for establishment of a unified national railroad emergency operations center; (8) $1,500,000 for each of fiscal years 2005 and 2006 for signal system security at turnouts; and (9) $350,000,000 for fiscal year 2005 to carry out paragraphs (9) through (16) of subsection (a). Amounts appropriated pursuant to this subsection shall remain available until expended. SEC. 5. FIRE AND LIFE-SAFETY IMPROVEMENTS. (a) Life-Safety Needs.--The Secretary of Transportation is authorized to procure fire and life-safety improvements to the tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, D.C. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels, to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers-- (A) $100,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (D) $100,000,000 for fiscal year 2008; and (E) $170,000,000 for fiscal year 2009. (2) For the Baltimore & Potomac tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades-- (A) $10,000,000 for fiscal year 2005; (B) $10,000,000 for fiscal year 2006; (C) $10,000,000 for fiscal year 2007; (D) $10,000,000 for fiscal year 2008; and (E) $17,000,000 for fiscal year 2009. (3) For the Washington, D.C., Union Station tunnels, to improve ventilation, communication, lighting, and passenger egress upgrades-- (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009. (c) Availability of Appropriated Funds.--Amounts appropriated pursuant to this section shall remain available until expended. SEC. 6. MISCELLANEOUS TECHNICAL AND CONFORMING PROVISIONS. (a) Rail Police Officers.--Section 28101 of title 49, United States Code, is amended by striking ``the rail carrier'' each place it appears and inserting ``any rail carrier''. (b) Review of Rail Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve railroad security. (c) Railroad Security.--Section 20101 of title 49, United States Code, is amended by striking ``safety'' and inserting ``safety, including security,''. (d) Rail Safety Regulations.--Section 20103(a) of title 49, United States Code, is amended by striking ``safety'' the first place it appears, and inserting ``safety, including security,''. (e) Certain Personnel Limitations not to Apply.--Any statutory limitation on the number of employees in the Transportation Security Administration of the Department of Transportation, before or after its transfer to the Department of Homeland Security, does not apply to the extent that any such employees are responsible for implementing the provisions of this Act. SEC. 7. DEFINITION. For purposes of this Act, the term ``railroad'' has the meaning given that term in section 20102 of title 49, United States Code.", "summary": "Protecting Railroads against Enemy Efforts through Modernization, Planning, and Technology Act - Directs the Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, to develop a national railroad transportation security plan that identifies threats and vulnerabilities to the Nation's railroads and provides a plan for increased security. Directs the Secretary to develop prioritized recommendations for improving railroad security, including: (1) the security of rail tunnels and bridges and other rail infrastructure and facilities; (2) deployment of equipment to detect explosives and hazardous chemical, biological, and radioactive substances; (3) installation of redundant and backup systems to ensure continued operation in the event of a terrorist attack; and (4) deployment of surveillance equipment. Authorizes the Secretary to make grants to railroads, hazardous materials shippers, owners of rail cars used in transportation of hazardous materials, universities, colleges, and research centers, and State and local governments for reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats. Authorizes the Secretary to procure fire and life-safety improvements to the tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, D.C. Directs the Secretary to review existing Department of Transportation (DOT) rail regulations to identify areas in which those regulations need to be revised to improve railroad security."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``National Policies Toward Gambling Review Act of 1995''. (b) Findings.--The Congress finds the following: (1) In 1976, the Commission on the Review of the National Policy Toward Gambling issued its final report to Congress. At the time of the report-- (A) casino gambling was legal in just 1 State, where it was a $1,000,000,000 a year industry; (B) Indian tribal gambling did not exist; (C) State lotteries existed in just 13 States; and (D) the link between gambling and organized crime was the paramount concern of the commission. (2) The gambling industry has grown dramatically in recent years as demonstrated by the following: (A) Casino gambling is legal in well over 20 States and referenda on legalization are being considered in many other States. (B) Casino gambling has become a $30,000,000,000 a year industry. (C) Indian tribal casino gambling accounts for over 15 percent of all casino revenues. (D) State lotteries exist in 36 States. (E) Gambling in some form exists in all but 2 States in the Union. (3) Implementation of the Indian Gaming Regulatory Act in 1988 created a competitive environment between Indian tribes and States to legalize and develop casinos at a swift pace, as evidenced by the current status of casino gambling among recreational activities in the United States. (4) Today, the paramount public policy concern relative to gambling is the impact of the gambling industry itself on communities, States, and the Nation as a whole. (5) Gambling brings with it certain externalities that other industries do not bring. Specifically, the proliferation of the gambling industry raises concerns regarding-- (A) corresponding proliferation of gambling addiction; (B) proliferation in addiction-related crime; (C) proliferation in cross addictions between gambling and alcohol and drugs; (D) decreases in worker productivity at the national level due to excessive gambling; (E) a potentially adverse impact on the health and viability of existing small businesses in communities where gambling is legalized and in communities surrounding Indian reservations where gambling exists; (F) a competitive atmosphere developing between States and Indian tribes, between States and other States, and between States and bordering countries, particularly Canada, to attract the gambling dollar; and (G) dramatic growth in the political influence of gambling advocates in city halls and statehouses across the country, where governments must act as both regulator and profiteer of gambling. (6) There are variations and conflicts in the regulatory structures controlling gambling nation-wide, and in particular between Federal oversight through the Indian Gaming Regulatory Act and State laws. (7) There is no adequate core or body of knowledge at the national level on the impact of gambling proliferation on the United States. (8) Most of the economic impact studies of casino gambling have been sponsored by the gambling industry. (9) Little funding has been made available at the State or Federal level for research into gambling addiction and the socioeconomic cost to the Nation of gambling addiction. (10) Policymakers at the local, State, and Federal levels are in need of sound information and data on the social and economic impact of gambling proliferation on the Nation. SEC. 2. ESTABLISHMENT There is established a commission to be known as the ``Commission on the Review of National Policies Toward Gambling'' (in this Act referred to as the ``Commission''). SEC. 3 DUTIES. (a) In General.--The Commission shall conduct a comprehensive legal and factual study of (1) gambling activities in the United States, (2) the social and economic impact of such gambling activities, and (3) existing Federal, State, and local policy and practices with respect to legal prohibition and taxation of such gambling activities, and in particular the relationship between the Indian Gaming Regulatory Act and State and local laws. The Commission shall formulate and propose such changes in such policies and practices as the Commission may consider appropriate. (b) Requirements.--The study to be conducted under subsection (a) shall, at a minimum, include the following: (1) An examination of the impact of gambling activities on communities nationwide and the Nation as a whole in terms of-- (A) the economic well-being of existing small businesses and jobs; (B) the growth in gambling addiction; (C) the socioeconomic impact of gambling addiction; and (D) the growth in gambling related crime and gambling-addiction related crime, particularly given the proliferation of casino gambling in recent years. (2) A review of the effectiveness of existing practices in law enforcement, judicial administration, and corrections in the United States and in foreign legal jurisdictions for the enforcement of the prohibition and taxation of gambling activities, including consideration of possible alternatives to such practices. (3) A study of existing statutes of the United States and State and local jurisdictions that prohibit and tax gambling activities, including preparation of such a proposal for codification, revision, or repeal of such statutes as the Commission may determine to be required to carry into effect such policy and practice changes as it may consider to necessary or desirable. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed not later than 90 days after the date of the enactment of this Act as follows: (1) Four individuals appointed jointly by the President of the Senate and the minority leader of the Senate. (2) Four individuals appointed jointly by the Speaker of the House of Representatives and the minority leader of the House of Representatives. (3) Seven individuals appointed by the President of the United States. (b) Qualifications.--Members appointed pursuant to subsection (a) shall be appointed from among individuals who are not officers of the executive branch of the Government or Members of Congress and who are specially qualified to serve on the Commission by virtue of training and experience. (c) Chairman.--The President of the United States shall designate a Chairman from among the members of the Commission. (d) Quorum.--Eight members of the Commission shall constitute a quorum. (e) Vacancies.--Any vacancy in the Commission shall not affect the powers of the Commission but shall be filled in the same manner in which the original appointment was made. (f) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall each be entitled to receive $100.00 for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of members of the federal judiciary.--Members of the Commission who are members of the Federal judiciary may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (g) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 5. STAFF. (a) Appointments.--Subject to such rules and regulations as may be adopted by the Commission, the Chairman of the Commission shall have the power to appoint and fix the compensation of a Director and such additional staff personnel (but not to exceed 15 staff members) as the Chairman considers necessary. (b) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; except that an individual so appointed may not receive pay in excess of the rate of basic pay payable for level I of the Executive Schedule. (c) Qualifications.--In making appointments pursuant to this section, the Chairman of the Commission shall include among the Chairman's appointments individuals determined by the Chairman to be competent social scientists, lawyers, law enforcement officers, and others with professional expertise in areas related to gambling. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is empowered to investigate by this Act. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (g) Immunity.--The Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). SEC. 7. REPORTS. (a) Interim Reports.--The Commission may submit to the President of the United States and the Congress interim reports as the Commission considers appropriate. (b) Final Report.--The Commission shall transmit a final report to the President of the United States and the Congress not later than 2 years after the date of the first meeting of the Commission. The final report shall contain a detailed statement of the findings and conclusions of the Commission. SEC. 8 TERMINATION. The Commission shall terminate on the 60th day following submittal of the final report of the Commission pursuant to section 7(b).", "summary": "National Policies Toward Gambling Review Act of 1995 - Establishes a Commission on the Review of National Policies Toward Gambling to conduct a comprehensive legal and factual study of: (1) gambling activities in the United States; (2) their social and economic impact; and (3) existing Federal, State, and local policy and practices with respect to legal prohibition and taxation of such activities, particularly the relationship between the Indian Gaming Regulatory Act and State and local laws."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Essential Oral Health Care Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS Sec. 101. Grants to support volunteer dental projects. TITLE II--STATE OPTION FOR IMPROVING MEDICAID DENTAL SERVICES ACCESS Sec. 201. Support for ensuring individuals enrolled in Medicaid have dental services access equal to the population of the State. TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS SEC. 101. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS. Title V of the Social Security Act (42 U.S.C. 701 et seq.) is amended by adding at the end the following new section: ``SEC. 511. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS. ``(a) Authority To Make Grants.--In addition to any other payments made under this title to a State, the Secretary shall award grants to eligible entities as defined in subsection (b) to purchase portable or mobile dental equipment and to pay for appropriate operational costs, including direct health care or service delivery costs, for the provision of free dental services to underserved populations that are delivered in a manner consistent with State licensing laws. ``(b) Eligible Entity.--An eligible entity under this subsection is an organization, such as a State or local dental association, or a dental education, dental hygiene education or postdoctoral dental education program accredited by the Commission on Dental Accreditation, or a community-based organization that partners with an academic institution, that is exempt from tax under section 501(c) of the Internal Revenue Code of 1986 and that offers a free dental services program for underserved populations. ``(c) Application.--An institution desiring a grant under this section shall submit an application to the Secretary in such manner as the Secretary may require. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to make grants under this section $3,000,000 for each of fiscal years 2010 through 2014.''. TITLE II--STATE OPTION FOR IMPROVING MEDICAID DENTAL SERVICES ACCESS SEC. 201. SUPPORT FOR ENSURING INDIVIDUALS ENROLLED IN MEDICAID HAVE DENTAL SERVICES ACCESS EQUAL TO THE POPULATION OF THE STATE. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Equal Access to Oral Health Care Plan.-- ``(1) Increase in fmap for states implementing approved equal access requirements.--In order to ensure adequate provider participation in the plan under this title and to ensure that individuals covered by the plan have access to oral health care services to the same extent as such services are available to the population of the State, subject to paragraph (3), in the case of a State that obtains the Secretary's approval for its plan under this title to incorporate, and to implement, the requirements specified in paragraph (2), notwithstanding section 1905(b), the Federal medical assistance percentage applied under the plan with respect to expenditures for dental and oral health services for individuals covered under the plan shall be increased by 25 percentage points, but not to exceed 90 percent, at the time the approved plan is implemented. ``(2) Provider participation and access requirements.--The requirements specified in this paragraph for a State are that the State provides the Secretary with assurances regarding each of the following: ``(A) Individuals covered by the State plan have access to oral health care services to the same extent as such services are available to the population of the State. ``(B) Payment for dental services for individuals covered by the State plan is made at levels consistent with market-based rates. ``(C) No fewer than 35 percent of the practicing dentists (including a reasonable mix of general dentists, pediatric dentists, and oral and maxillofacial surgeons) in the State participate (whether directly or through a plan providing dental services) under the State plan and there is reasonable distribution of such dentists serving the covered population. ``(D) Administrative barriers under this title are addressed to facilitate such provider participation, including improving eligibility verification, ensuring that any licensed dentist may participate in a publicly funded plan without also having to participate in any other plan, simplifying claims forms processing, assigning a single plan administrator for the dental program, and employing case managers to reduce the number of missed appointments. ``(E) Demand for services barriers under this title is addressed, such as educating caregivers regarding the need to seek dental services and addressing oral health care literacy issues. ``(3) 3-year review.--Beginning 3 years after the date of the enactment of this section and every 3 years thereafter the Secretary shall evaluate the impact of the increase in the Federal medical assistance percentage under this subsection on the rate of participation of dentists and the use of dental services under the State plan. If the Secretary determines that the increase in such percentage has not resulted in a commensurate increase in such participation and use rate, as determined in consultation with the State involved, paragraph (1) shall no longer apply in such State.'' (b) Effective Date.--The amendment made by this section shall apply to expenditures in calendar quarters beginning on or after October 1, 2009.", "summary": "Essential Oral Health Care Act of 2009 - Amends title V (Maternal and Child Health Services) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to award grants to eligible entities to purchase portable or mobile dental equipment and to pay for appropriate operational costs, including direct health care or service delivery costs, for the provision of free dental services to underserved populations that are delivered in a manner consistent with state licensing laws. Amends SSA title XIX (Medicaid) to increase the federal medical assistance percentage (FMAP) for states implementing equal access requirements that ensure that individuals enrolled in the state Medicaid plan have access to oral health care services to the same extent as such services are available to the population of the state."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran-Owned Small Business Promotion Act of 2009''. SEC. 2. REAUTHORIZATION AND IMPROVEMENT OF DEPARTMENT OF VETERANS AFFAIRS SMALL BUSINESS LOAN PROGRAM. (a) Reauthorization.-- (1) In general.--Chapter 37 of title 38, United States Code, is amended by striking section 3751. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 3751. (3) Conforming amendment.--Section 3749 of such title is amended by striking subsection (e). (b) Expansion of Eligibility for Small Business Loans.--Chapter 37 of such title is further amended-- (1) in section 3741-- (A) by striking paragraph (2); (B) by striking ``this subchapter--'' and all that follows through ```disabled veteran''' and inserting ``this subchapter, the term `disabled veteran'''; and (C) by striking ``30 percent'' and inserting ``10 percent''; and (2) in section 3742(a)(3)(A), by striking ``of the Vietnam era or disabled veterans''. (c) Repeal of Authority To Make Direct Loans.--Chapter 37 of such title, as amended by subsections (a) and (b), is further amended-- (1) in section 3742-- (A) in subsection (a)-- (i) in paragraph (2), by striking ``(A) loan guaranties, or (B) direct loans'' and inserting ``loan guarantees''; and (ii) in paragraph (3)(A), by striking ``and that at least 51 percent of a business concern must be owned by disabled veterans in order for such concern to qualify for a direct loan''; (B) in subsection (b)-- (i) by striking paragraph (1) and redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and (ii) in paragraph (2), as so redesignated, by striking ``make or''; (C) in subsection (c), by striking ``made or''; (D) in subsection (d)-- (i) by striking paragraph (2); (ii) by striking ``(1) Except as provided in paragraph (2) of this subsection, the'' and inserting ``The''; and (iii) by striking ``make or''; and (E) in subsection (e)-- (i) in paragraph (1)-- (I) in the first sentence, by striking ``or, if the loan was a direct loan made by the Secretary, may suspend such obligation''; and (II) in the second sentence, by striking ``or while such obligation is suspended''; (ii) by striking ``or suspend'' each place it appears; (iii) by striking ``or suspension'' each place it appears (iv) by striking ``or suspends'' each place it appears; and (v) in paragraph (4)(B), by striking ``or suspended''; (2) in section 3743-- (A) by striking ``that is provided a direct loan under this subchapter, or''; (B) by striking the comma between ``subchapter'' and ``shall''; (C) by striking ``direct or''; and (D) by striking ``for the amount of such direct loan or, in the case of a guaranteed loan,''; (3) in section 3746, by striking ``made or'' both places it appears; (4) in section 3749(b), by striking ``and direct loan''; and (5) in section 3750, by striking ``made or''. (d) Increase of Maximum Guaranty Amount.--Section 3742(b)(2), as redesignated by subsection (c)(1)(B)(i), is amended by striking ``$200,000'' and inserting ``$500,000''. (e) Authority To Enter Into a Contract.--Section 3742 of such title, as amended by subsection (c), is further amended by adding at the end the following new subsection: ``(f) The Secretary shall enter into a contract with an appropriate entity for the purpose of carrying out the program under this subchapter.''. (f) Authority of Secretary To Subsidize Interest Rates of Guaranteed Loan.--Section 3745 of such title is amended by striking subsection (b) and inserting the following new subsection (b): ``(b) For any loan guaranteed under this subchapter, the Secretary may pay to the lender such amounts as may be required to reduce the rate of interest payable by the veterans' small business concern by up to one-half of one percent, except that the rate of interest payable by such concern shall not be less than one-half of one percent.''. (g) Preference for Members of National Guard and Reserves Activated in Support of Global War on Terrorism.--Section 3748 of such title is amended-- (1) by striking ``and, second'' and inserting ``second''; and (2) by inserting before the period at the end ``, and, third, to veterans' small business concern in which veterans who, as members of a reserve component, are activated in support of the Global War on Terrorism have a significant ownership interest''. (h) Authorization of Appropriations.--Section 3749(c)(1) of such title is amended by striking ``a total of $25,000,000'' and inserting ``$1,000,000,000 for each fiscal year''. SEC. 3. LIMITATION ON REQUIREMENT OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS TO FURNISH CERTAIN BONDS. (a) Limitation.--Subchapter II of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 8129. Small business concerns owned and controlled by veterans: contractor bonds ``(a) Bonds Required.--Notwithstanding subchapter II of chapter 31 of title 40, in entering into a contract with a small business concern owned and controlled by veterans for the construction, alteration, or repair of any public building or public work of the Department the Secretary-- ``(1) may not require the concern to furnish a performance or payment bond in an amount that exceeds 50 percent of the amount of the contract; and ``(2) shall ensure that the concern does not require any subcontractor that is a small business concern owned and controlled by veterans to furnish a performance or payment bond in an amount that exceeds 50 percent of the amount of the subcontract. ``(b) Payment of Subcontractor Bonds.--In entering into a contract described in subsection (a) with the Secretary, a prime contractor may furnish a performance or payment bond on behalf of a subcontractor that is a small business concern owned and controlled by veterans. ``(c) Definition.--For purposes of this section, the term `small business concern owned and controlled by veterans' means a small business concern that is included in the small business database maintained by the Secretary under section 8127(f) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: ``8129. Small business concerns owned and controlled by veterans: contractor bonds.''. SEC. 4. TREATMENT OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS A SOCIALLY AND ECONOMICALLY DISADVANTAGED. Section 8128 of such title is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection: ``(b) Treatment as Socially and Economically Disadvantaged.--The Secretary may evaluate a bid submitted by a small business concern owned and controlled by veterans and award a contract to such a concern on the same basis as the Administrator of the Small Business Administration may evaluate a bid submitted by a socially and economically disadvantaged small business concern and award a contract to such a concern under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).''.", "summary": "Veteran-Owned Small Business Promotion Act of 2009 - Reinstates (under current law, terminated as of the end of FY1986) the veteran-owned small business loan program, under which the Secretary of Veterans Affairs may provide loans to veteran-owned small businesses for: (1) financing plant construction, conversion, or expansion; (2) financing the acquisition of equipment, facilities, machinery, supplies, or materials; or (3) supplying working capital. Makes eligible for such loans small business owners who are veterans and have a disability rated at 10% (under current law, 30%) or more, and includes all veterans (under current law, limited to Vietnam era veterans and veterans discharged or released due to a disability incurred or aggravated in the line of duty). Repeals the authority to make direct loans under the program (thereby allowing only loan guaranties). Increases from $200,000 to $500,000 the maximum loan guaranty amount. Authorizes the Secretary to subsidize a loan lender in order to reduce by up to 1/2% the interest rate paid by the veteran-owned small business. Includes under a loan preference members of the National Guard and reserves activated in support of the Global War on Terrorism. Limits performance bond requirements of veteran-owned small businesses with respect to the construction, alteration, or repair of any Department of Veterans Affairs (VA) public building or public work. Treats a small business owned and controlled by veterans as a socially and economically disadvantaged small business for purposes of contracts awarded to the latter businesses under provisions of the Small Business Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Harriet Tubman National Historical Parks Act''. SEC. 2. HARRIET TUBMAN UNDERGROUND RAILROAD NATIONAL HISTORICAL PARK, MARYLAND. (a) Definitions.--In this section: (1) Historical park.--The term ``historical park'' means the Harriet Tubman Underground Railroad National Historical Park established by subsection (b)(1)(A). (2) Map.--The term ``map'' means the map entitled ``Authorized Acquisition Area for the Proposed Harriet Tubman Underground Railroad National Historical Park'', numbered T20/ 80,001, and dated July 2010. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Maryland. (b) Harriet Tubman Underground Railroad National Historical Park.-- (1) Establishment.-- (A) In general.--Subject to subparagraph (B), there is established the Harriet Tubman Underground Railroad National Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, as a unit of the National Park System. (B) Determination by secretary.--The historical park shall not be established until the date on which the Secretary determines that a sufficient quantity of land, or interests in land, has been acquired to constitute a manageable park unit. (C) Notice.--Not later than 30 days after the date on which the Secretary makes a determination under subparagraph (B), the Secretary shall publish in the Federal Register notice of the establishment of the historical park, including an official boundary map for the historical park. (D) Availability of map.--The official boundary map published under subparagraph (C) shall be on file and available for public inspection in appropriate offices of the National Park Service. (2) Purpose.--The purpose of the historical park is to preserve and interpret for the benefit of present and future generations the historical, cultural, and natural resources associated with the life of Harriet Tubman and the Underground Railroad. (3) Land acquisition.-- (A) In general.--The Secretary may acquire land and interests in land within the areas depicted on the map as ``Authorized Acquisition Areas'' by purchase from willing sellers, donation, or exchange. (B) Boundary adjustment.--On acquisition of land or an interest in land under subparagraph (A), the boundary of the historical park shall be adjusted to reflect the acquisition. (c) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with this section and the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2) Interagency agreement.--Not later than 1 year after the date on which the historical park is established, the Director of the National Park Service and the Director of the United States Fish and Wildlife Service shall enter into an agreement to allow the National Park Service to provide for public interpretation of historic resources located within the boundary of the Blackwater National Wildlife Refuge that are associated with the life of Harriet Tubman, consistent with the management requirements of the Refuge. (3) Interpretive tours.--The Secretary may provide interpretive tours to sites and resources located outside the boundary of the historical park in Caroline, Dorchester, and Talbot Counties, Maryland, relating to the life of Harriet Tubman and the Underground Railroad. (4) Cooperative agreements.-- (A) In general.--The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, colleges and universities, non-profit organizations, and individuals-- (i) to mark, interpret, and restore nationally significant historic or cultural resources relating to the life of Harriet Tubman or the Underground Railroad within the boundaries of the historical park, if the agreement provides for reasonable public access; or (ii) to conduct research relating to the life of Harriet Tubman and the Underground Railroad. (B) Visitor center.--The Secretary may enter into a cooperative agreement with the State to design, construct, operate, and maintain a joint visitor center on land owned by the State-- (i) to provide for National Park Service visitor and interpretive facilities for the historical park; and (ii) to provide to the Secretary, at no additional cost, sufficient office space to administer the historical park. (C) Cost-sharing requirement.-- (i) Federal share.--The Federal share of the total cost of any activity carried out under this paragraph shall not exceed 50 percent. (ii) Form of non-federal share.--The non- Federal share of the cost of carrying out an activity under this paragraph may be in the form of in-kind contributions or goods or services fairly valued. (d) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 12(b) of the National Park Service General Authorities Act (16 U.S.C. 1a- 7(b)). (2) Consultation.--The general management plan shall be prepared in consultation with the State (including political subdivisions of the State). (3) Coordination.--The Secretary shall coordinate the preparation and implementation of the management plan with-- (A) the Blackwater National Wildlife Refuge; (B) the Harriet Tubman National Historical Park established by section 3(b)(1)(A); and (C) the National Underground Railroad Network to Freedom. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 3. HARRIET TUBMAN NATIONAL HISTORICAL PARK, AUBURN, NEW YORK. (a) Definitions.--In this section: (1) Historical park.--The term ``historical park'' means the Harriet Tubman National Historical Park established by subsection (b)(1)(A). (2) Home.--The term ``Home'' means The Harriet Tubman Home, Inc., located in Auburn, New York. (3) Map.--The term ``map'' means the map entitled ``Harriet Tubman National Historical Park'', numbered T18/80,000, and dated March 2009. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of New York. (b) Harriet Tubman National Historical Park.-- (1) Establishment.-- (A) In general.--Subject to subparagraph (B), there is established the Harriet Tubman National Historical Park in Auburn, New York, as a unit of the National Park System. (B) Determination by secretary.--The historical park shall not be established until the date on which the Secretary determines that a sufficient quantity of land, or interests in land, has been acquired to constitute a manageable park unit. (C) Notice.--Not later than 30 days after the date on which the Secretary makes a determination under subparagraph (B), the Secretary shall publish in the Federal Register notice of the establishment of the historical park. (D) Map.--The map shall be on file and available for public inspection in appropriate offices of the National Park Service. (2) Boundary.--The historical park shall include the Harriet Tubman Home, the Tubman Home for the Aged, the Thompson Memorial AME Zion Church and Rectory, and associated land, as identified in the area entitled ``National Historical Park Proposed Boundary'' on the map. (3) Purpose.--The purpose of the historical park is to preserve and interpret for the benefit of present and future generations the historical, cultural, and natural resources associated with the life of Harriet Tubman. (4) Land acquisition.--The Secretary may acquire land and interests in land within the areas depicted on the map by purchase from a willing seller, donation, or exchange. (c) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with this section and the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2) Interpretive tours.--The Secretary may provide interpretive tours to sites and resources located outside the boundary of the historical park in Auburn, New York, relating to the life of Harriet Tubman. (3) Cooperative agreements.-- (A) In general.--The Secretary may enter into a cooperative agreement with the owner of any land within the historical park to mark, interpret, or restore nationally significant historic or cultural resources relating to the life of Harriet Tubman, if the agreement provides that-- (i) the Secretary shall have the right of access to any public portions of the land covered by the agreement to allow for-- (I) access at reasonable times by historical park visitors to the land; and (II) interpretation of the land for the public; and (ii) no changes or alterations shall be made to the land except by mutual agreement of the Secretary and the owner of the land. (B) Research.--The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, the Home and other nonprofit organizations, and individuals to conduct research relating to the life of Harriet Tubman. (C) Cost-sharing requirement.-- (i) Federal share.--The Federal share of the total cost of any activity carried out under this paragraph shall not exceed 50 percent. (ii) Form of non-federal share.--The non- Federal share may be in the form of in-kind contributions or goods or services fairly valued. (D) Attorney general.-- (i) In general.--The Secretary shall submit to the Attorney General for review any cooperative agreement under this paragraph involving religious property or property owned by a religious institution. (ii) Finding.--No cooperative agreement subject to review under this subparagraph shall take effect until the date on which the Attorney General issues a finding that the proposed agreement does not violate the Establishment Clause of the first amendment to the Constitution. (d) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 12(b) of the National Park Service General Authorities Act (16 U.S.C. 1a- 7(b)). (2) Coordination.--The Secretary shall coordinate the preparation and implementation of the management plan with-- (A) the Harriet Tubman Underground Railroad National Historical Park established by section 2(b)(1); and (B) the National Underground Railroad Network to Freedom. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act, except that not more than $7,500,000 shall be available to provide financial assistance under subsection (c)(3). SEC. 4. OFFSET. Section 101(b)(12) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat. 3667) is amended by striking ``$53,852,000'' and inserting ``$29,852,000''. Passed the Senate July 9, 2014. Attest: NANCY ERICKSON, Secretary.", "summary": "(This measure has not been amended since it was reported to the Senate on April 22, 2013. Harriet Tubman National Historical Parks Act - Establishes in Caroline, Dorchester, and Talbot Counties, Maryland, the Harriet Tubman Underground Railroad National Historical Park as a unit of the National Park System. Establishes in Auburn, New York, the Harriet Tubman National Historical Park also as a unit of the National Park System. Authorizes the Secretary of the Interior to enter into cooperative agreements with certain entities for the historical preservation and interpretation of the parks. Requires the Secretary to complete a general management plan for the parks. Amends the Water Resources Development Act of 1996 to decrease the federal share of project costs for navigation and safety improvements to the Chesapeake and Delaware Canal and Baltimore Harbor Connecting Channels in Delaware and Maryland."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Secrets Safety Act of 2000''. SEC. 2. INVENTORY OF RESTRICTED DATA AT NATIONAL SECURITY LABORATORIES. (a) Inventory Required.--Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall conduct an inventory of each document or device at each national security laboratory that contains Restricted Data and shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the results of that inventory. (b) Definitions.--For purposes of this section: (1) The term ``national security laboratory'' has the meaning given such term in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471). (2) The term ``Restricted Data'' has the meaning given such term in paragraphs (1) and (2) of section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). SEC. 3. INCREASED SECURITY FOR VAULTS AT NATIONAL SECURITY LABORATORIES. (a) Access to Vaults.--(1) Section 3234 of the National Nuclear Security Administration Act (50 U.S.C. 2424) is amended-- (A) by striking ``The Administrator'' and inserting ``(a) Procedures Required.--The Administrator''; and (B) by adding at the end the following new subsection: ``(b) Access to Vaults at National Security Laboratories.--With respect to any vault containing Restricted Data at any national security laboratory, the procedures shall, at a minimum, provide that an individual shall not have unrestricted access to any such vault except in accordance with the following requirements: ``(1) Before each such access, the identity of the individual is verified by-- ``(A) an attendant through direct visual observation; ``(B) biometric technology; or ``(C) other means providing a high confidence level in verifying the identity of the individual. ``(2) For each such access, a permanent record of such access is maintained. ``(c) Change of Lock Combinations to Vaults at National Security Laboratories.--The Administrator shall ensure, for each vault containing Restricted Data at each national security laboratory, that the combination of each lock to such vault is changed not later than-- ``(1) one week after each removal of an individual from the list of individuals permitted access to such vault; and ``(2) 12 months after the date on which the combination was last changed.''. (2) The requirements of subsection (b) of section 3234 of such Act (as added by paragraph (1)) shall apply to each access referred to in that subsection that occurs after the expiration of the 24-hour period beginning upon the enactment of this Act. (3) The Administrator for Nuclear Security shall ensure, for each vault containing Restricted Data at each national security laboratory, that the combination of each lock to such vault is changed not later than 30 days after the date of the enactment of this Act. (b) Report on NNSA Polygraph Policy.--(1) Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the policy recommendations of the Adminstrator regarding the use of counterintelligence polygraph examinations within the National Nuclear Security Administration. The report shall contain the recommendations of the Administrator as to what the policy of the Administration should be regarding-- (A) the use of such examinations generally as a prerequisite to access (restricted or unrestricted) to Restricted Data; and (B) the use of such examinations as a prerequisite to access (restricted or unrestricted) to vaults containing Restricted Data. (2) For purposes of this section, the term ``Restricted Data'' has the meaning given such term in paragraphs (1) and (2) of section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). SEC. 4. USE OF ELECTRONIC LOCKS FOR CLASSIFIED AREAS AND CLASSIFIED INFORMATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION. Section 3234 of the National Nuclear Security Administration Act (50 U.S.C. 2424), as amended by section 3 of this Act, is further amended by adding at the end the following new subsection: ``(d) Electronic Locks Required.--The Administrator shall ensure that, after October 1, 2002, each lock used by the Administration to secure any vault, safe, or other container used to store Restricted Data is an electronic lock that meets or exceeds the FF-L-2740A lock standard of the General Services Administration, as in effect on the date of the enactment of the Nuclear Secrets Safety Act of 2000.''. Amend the title so as to read: ``A bill to require an inventory of documents and devices containing Restricted Data at the national security laboratories of the National Nuclear Security Administration, to improve security procedures for access to the vaults containing Restricted Data at those laboratories, and for other purposes.''.", "summary": "Amends the National Nuclear Security Administration Act, with respect to procedures for ensuring that any individual is not permitted access to any classified area of a laboratory vault containing Restricted Data, to require such procedures, at a minimum, to provide that an individual shall not have access to any such vault unless, before each access, the individual's identity is verified by an attendant through direct visual observation. Requires the counterintelligence program at each such laboratory to include a polygraph program for individuals with access to any vault containing Restricted Data. Requires each such individual to undergo a polygraph examination within one year after having access to any such vault, in particular within 30 days after first access (or within 120 days after enactment of this Act, if first access occurred on or before enactment). Requires the Administrator for Nuclear Security to ensure that the combination of each lock to each laboratory vault containing Restricted Data is changed not later than 30 days after enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``SCHIP Improvement Act of 1999''. SEC. 2. LIMITED WAIVER OF CONFIDENTIALITY REQUIREMENT. Section 9(b)(2)(C)(iii) of the National School Lunch Act (42 U.S.C. 1758(b)(2)(C)(iii)) is amended-- (1) in subclause (II), by striking ``and'' at the end; (2) in subclause (III), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(IV) a person directly connected with the administration of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or a State child health plan under title XXI of that Act (42 U.S.C. 1397aa et seq.) for the purpose of identifying children eligible for benefits under, and enrolling children in, any such plan, except that this subclause shall apply with respect to the agency from which the information would be obtained only if the State and the agency so elect.''. SEC. 3. DEMONSTRATION PROJECT. (a) In General.--Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at the end the following: ``(q) Demonstration Project Relating to Use of WIC Funds for Identification and Enrollment of Children in Certain Health Programs.-- ``(1) In general.--The Secretary shall establish a demonstration project in not more than 40 local agencies in not fewer than 2 States under which costs of nutrition services and administration (as defined in subsection (b)(4)) shall include the costs of identification of children eligible for benefits under, and enrollment of children in-- ``(A) a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and ``(B) a State child health plan under title XXI of that Act (42 U.S.C. 1397aa et seq.). ``(2) Report on evaluation of costs.--Not later than 18 months after the date of enactment of this subsection, the Comptroller General of the United States shall submit to Congress a report evaluating the costs associated with implementation of the demonstration project, including an evaluation of the Federal and State costs per child enrolled in a State plan described in paragraph (1). ``(3) Termination of authority.--The authority provided by this subsection terminates September 30, 2003.''. (b) Technical Amendments.--Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786)-- (1) in subsection (b)(4), by striking ``(4)'' and all that follows through ``means'' and inserting ``(4) `Costs of nutrition services and administration' or `nutrition services and administration' means''; and (2) in subsection (h)(1)(A), by striking ``costs incurred by State and local agencies for nutrition services and administration'' and inserting ``costs of nutrition services and administration incurred by State and local agencies''. SEC. 3. GRANTS FOR IDENTIFICATION AND ENROLLMENT EFFORTS. Section 12 of the National School Lunch Act (42 U.S.C. 1760) is amended by adding at the end the following: ``(p) Grants for Identification and Enrollment Efforts.-- ``(1) In general.--The Secretary shall make grants to States to carry out State plans to involve eligible entities described in paragraph (2) in the identification of children eligible for benefits under, and enrollment of children in-- ``(A) a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and ``(B) a State child health plan under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). ``(2) Eligible entities.--An eligible entity referred to in paragraph (1) is-- ``(A) a school or school food authority participating in the school lunch program under this Act; ``(B) an institution participating in the child and adult care food program under section 17; ``(C) a local agency participating in the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); or ``(D) any other nongovernmental social service provider. ``(3) Use of funds for wic demonstration project.--The authorized uses of grant funds under this subsection shall include carrying out the demonstration project under section 17(q) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(q)). ``(4) Funding.--Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary to carry out this subsection $6,000,000 for each of fiscal years 2000 through 2003. The Secretary shall be entitled to receive the funds and shall accept the funds, without further Act of appropriation.''.", "summary": "(Sec. 2) Amends NSLA to provide a limited waiver of a confidentiality requirement, for persons directly connected with the administration of a State plan for Medicaid or SCHIP, for the purpose of identifying children eligible for benefits under, and enrolling children in, any such plan. Makes such waiver applicable with respect to the agency from which the information would be obtained only if the State and the agency so elect. (Sec. 3) Amends CNA provisions for the special supplemental nutrition program for women, infants, and children (WIC program) to direct the Secretary of Agriculture (the Secretary) to establish a demonstration project, in not more than 40 local agencies in not fewer than two States, under which costs of nutrition services and administration (under the WIC program) shall include the costs of identification of children eligible for benefits under, and enrollment of children in, State plans for Medicaid and SCHIP. Directs the Comptroller General to evaluate for Congress the costs associated with implementing such project, including Federal and State costs per child enrolled in such State plans. (Sec. 3(sic)) Amends NSLA to direct the Secretary to make grants to States to carry out State plans to involve eligible entities in the identification of children eligible for benefits under, and enrollment of children in, State plans for Medicaid and SCHIP. Provides that the following are eligible entities: (1) a school or school food authority participating in the school lunch program under NSLA; (2) an institution participating in the child and adult care food program under NSLA; (3) a local agency participating in the WIC program under CNA; or (4) any other nongovernmental social service provider. Includes the WIC demonstration project established under this Act among authorized uses of such grant funds. Directs the Secretary of the Treasury to provide a specified amount of funds to the Secretary for each of FY 2000 through 2003. Entitles and directs the Secretary to accept such funds, without further Act of appropriation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital to Home- and Community-Care Linkage Development and Incentive Grant Program''. SEC. 2. FINDINGS. Congress finds that-- (1) demonstration programs and projects have been developed to offer care management to hospitalized individuals awaiting discharge who are in need of long-term health care services that meet individual needs and preferences in home- and community-based settings as an alternative to long-term nursing home care or institutional placement; and (2) there is a need to disseminate information and technical assistance to hospitals and State and local community organizations regarding such programs and projects and to provide incentive grants to State and local public and private agencies, including area agencies on aging, to establish and expand programs that offer care management to individuals awaiting discharge from acute care hospitals who are in need of long-term care so that services to meet individual needs and preferences can be arranged in home- and community-based settings as an alternative to long-term placement in nursing homes or other institutional settings. SEC. 3. DISSEMINATION OF INFORMATION, TECHNICAL ASSISTANCE AND INCENTIVE GRANTS TO ASSIST IN THE DEVELOPMENT OF HOSPITAL LINKAGE PROGRAMS. Part C of title III of the Public Health Service Act (42 U.S.C. 248 et seq.) is amended by adding at the end thereof the following new section: ``SEC. 327B. DISSEMINATION OF INFORMATION, TECHNICAL ASSISTANCE AND INCENTIVE GRANTS TO ASSIST IN THE DEVELOPMENT OF HOSPITAL LINKAGE PROGRAMS. ``(a) Dissemination of Information.--The Secretary shall compile, evaluate, publish and disseminate to appropriate State and local officials and to private organizations and agencies that provide services to individuals in need of long-term health care services, such information and materials as may assist such entities in replicating successful programs that are aimed at offering care management to hospitalized individuals who are in need of long-term care so that services to meet individual needs and preferences can be arranged in home- and community-based settings as an alternative to long-term nursing home placement. The Secretary may provide technical assistance to entities seeking to replicate such programs. ``(b) Incentive Grants to Assist in the Development of Hospital Linkage Programs.--The Secretary shall establish a program under which incentive grants may be awarded to assist private and public agencies, including area agencies on aging, and organizations in developing and expanding programs and projects that facilitate the discharge of individuals in hospitals or other acute care facilities who are in need of long-term care services and placement of such individuals into home- and community-based settings. ``(c) Administrative Provisions.-- ``(1) Eligible entities.--To be eligible to receive a grant under subsection (b) an entity shall be-- ``(A)(i) a State agency as defined in section 102(43) of the Older Americans Act of 1965; or ``(ii) a State agency responsible for administering home and community care programs under title XIX of the Social Security Act; or ``(B) if no State agency described in subparagraph (A) applies with respect to a particular State, a public or nonprofit private entity. ``(2) Applications.--To be eligible to receive an incentive grant under subsection (b), an entity shall prepare and submit to the Secretary an application at such time, in such manner and containing such information as the Secretary may require, including-- ``(A) an assessment of the need within the community to be served for the establishment or expansion of a program to facilitate the discharge of individuals in need of long-term care who are in hospitals or other acute care facilities into home- and community-care programs that provide individually planned, flexible services that reflect individual choice or preference rather than nursing home or institutional settings; ``(B) a plan for establishing or expanding a program for identifying individuals in hospital or acute care facilities who are in need of individualized long-term care provided in home- and community-based settings rather than nursing homes or other institutional settings and undertaking the planning and management of individualized care plans to facilitate discharge into such settings; ``(C) assurances that nongovernmental case management agencies funded under grants awarded under this section are not direct providers of home- and community-based services; ``(D) satisfactory assurances that adequate home- and community-based long term care services are available, or will be made available, within the community to be served so that individuals being discharged from hospitals or acute care facilities under the proposed program can be served in such home- and community-based settings, with flexible, individualized care which reflects individual choice and preference; ``(E) a description of the manner in which the program to be administered with amounts received under the grant will be continued after the termination of the grant for which such application is submitted; and ``(F) a description of any waivers or approvals necessary to expand the number of individuals served in federally funded home- and community-based long term care programs in order to provide satisfactory assurances that adequate home- and community-based long term care services are available in the community to be served. ``(3) Awarding of grants.-- ``(A) Preferences.--In awarding grants under subsection (b), the Secretary shall give preference to entities submitting applications that-- ``(i) demonstrate an ability to coordinate activities funded using amounts received under the grant with programs providing individualized home- and community-based case management and services to individuals in need of long term care with hospital discharge planning programs; and ``(ii) demonstrate that adequate home- and community-based long term care management and services are available, or will be made available to individuals being served under the program funded with amounts received under subsection (b). ``(B) Distribution.--In awarding grants under subsection (b), the Secretary shall ensure that such grants-- ``(i) are equitably distributed on a geographic basis; ``(ii) include projects operating in urban areas and projects operating in rural areas; and ``(iii) are awarded for the expansion of existing hospital linkage programs as well as the establishment of new programs. ``(C) Expedited consideration.--The Secretary shall provide for the expedited consideration of any waiver application that is necessary under title XIX of the Social Security Act to enable an applicant for a grant under subsection (b) to satisfy the assurance required under paragraph (1)(D). ``(4) Use of grants.--An entity that receives amounts under a grant under subsection (b) may use such amounts for planning, development and evaluation services and to provide reimbursements for the costs of one or more case mangers to be located in or assigned to selected hospitals who would-- ``(A) identify patients in need of individualized care in home- and community-based long-term care; ``(B) assess and develop care plans in cooperation with the hospital discharge planning staff; and ``(C) arrange for the provision of community care either immediately upon discharge from the hospital or after any short term nursing-home stay that is needed for recuperation or rehabilitation; ``(5) Direct services subject to reimbursements.--None of the amounts provided under a grant under this section may be used to provide direct services, other than case management, for which reimbursements are otherwise available under title XVIII or XIX of the Social Security Act. ``(6) Limitations.-- ``(A) Term.--Grants awarded under this section shall be for terms of less than 3 years. ``(B) Amount.--Grants awarded to an entity under this section shall not exceed $300,000 per year. The Secretary may waive the limitation under this subparagraph where an applicant demonstrates that the number of hospitals or individuals to be served under the grant justifies such increased amounts. ``(C) Supplanting of funds.--Amounts awarded under a grant under this section may not be used to supplant existing State funds that are provided to support hospital link programs. ``(d) Evaluation and Reports.-- ``(1) By grantees.--An entity that receives a grant under this section shall evaluate the effectiveness of the services provided under the grant in facilitating the placement of individuals being discharged from hospitals or acute care facilities into home- and community-based long term care settings rather than nursing homes. Such entity shall prepare and submit to the Secretary a report containing such information and data concerning the activities funded under the grant as the Secretary determines appropriate. ``(2) By secretary.--Not later than the end of the third fiscal year for which funds are appropriated under subsection (e), the Secretary shall prepare and submit to the appropriate committees of Congress, a report concerning the results of the evaluations and reports conducted and prepared under paragraph (1). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $5,000,000 for each of the fiscal years 1994 through 1996.''.", "summary": "Hospital to Home- and Community-Care Linkage Development and Incentive Grant Program - Amends the Public health Service Act to direct the Secretary of Health and Human Services to disseminate information and materials to assist specified entities in replicating successful programs aimed at offering care management to hospitalized individuals in need of long-term care so that services to meet individual needs and preferences can be arranged in home- and community-based settings as an alternative to long-term nursing home placement. Authorizes the Secretary to provide technical assistance to such entities. Directs the Secretary to establish a program under which incentive grants may be awarded to assist agencies and organizations in developing and expanding programs and projects that facilitate the discharge of individuals in hospitals or other acute care facilities who are in need of long-term care services and placement of such individuals into home- and community-based settings. Sets forth provisions regarding: (1) eligibility to receive grants; (2) application requirements; (3) criteria for the award of grants; (4) use of, and limitations on, grants; and (5) evaluation and reports. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Truth and Accountability in Campaign Communications Act of 2001''. SEC. 2. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following: ``(e) Additional Statements on Electioneering Communications.-- ``(1) Statement required.--Every person who makes a disbursement for electioneering communications in an aggregate amount in excess of $10,000 during any calendar year shall, within 24 hours of each disclosure date, file with the Commission a statement containing the information described in paragraph (2). ``(2) Contents of statement.--Each statement required to be filed under this subsection shall be made under penalty of perjury and shall contain the following information: ``(A) The identification of-- ``(i) the person making the disbursement; ``(ii) any entity sharing or exercising direction or control over the activities of such person; and ``(iii) the custodian of the books and accounts of the person making the disbursement. ``(B) The State of incorporation and the principal place of business of the person making the disbursement. ``(C) The amount of each disbursement during the period covered by the statement and the identification of the person to whom the disbursement was made. ``(D) The elections to which the electioneering communications pertain and the names (if known) of the candidates identified or to be identified. ``(E) If the disbursements were paid out of a segregated account to which only individuals could contribute, the names and addresses of all contributors who contributed an aggregate amount of $500 or more to that account during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. ``(F) If the disbursements were paid out of funds not described in subparagraph (E), the names and addresses of all contributors who contributed an aggregate amount of $500 or more to the organization or any related entity during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. ``(G) Whether or not any electioneering communication is made in coordination, cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee, any political party or committee, or any agent of the candidate, political party, or committee and if so, the identification of any candidate, party, committee, or agent involved. ``(3) Electioneering communication defined.--For purposes of this subsection-- ``(A) In general.--The term `electioneering communication' means any broadcast from a television or radio broadcast station that-- ``(i) refers to a clearly identified candidate for Federal office; ``(ii) is made (or scheduled to be made) within-- ``(I) 60 days before a general, special, or runoff election for such Federal office; or ``(II) 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for such Federal office; and ``(iii) is broadcast from a television or radio broadcast station whose audience includes the electorate for such election, convention, or caucus. ``(B) Exceptions.--Such term shall not include-- ``(i) communications appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless such facilities are owned or controlled by any political party, political committee, or candidate; or ``(ii) communications which constitute expenditures or independent expenditures under this Act. ``(4) Disclosure date defined.--For purposes of this subsection, the term `disclosure date' means-- ``(A) the first date during any calendar year by which a person has made disbursements for electioneering communications aggregating in excess of $10,000; and ``(B) any other date during such calendar year by which a person has made disbursements for electioneering communications aggregating in excess of $10,000 since the most recent disclosure date for such calendar year. ``(5) Contracts to disburse.--For purposes of this subsection, a person shall be treated as having made a disbursement if the person has contracted to make the disbursement. ``(6) Coordination with other requirements.--Any requirement to report under this subsection shall be in addition to any other reporting requirement under this Act.''. SEC. 3. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS. Section 315(a)(7)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(7)(B)) is amended by inserting after clause (ii) the following: ``(iii) if-- ``(I) any person makes, or contracts to make, any payment for any electioneering communication (as defined in section 304(e)(3)); and ``(II) such payment is coordinated with a candidate for Federal office or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, or an agent or official of any such candidate, party, or committee, such payment or contracting shall be treated as a contribution to such candidate and as an expenditure by such candidate; and''. SEC. 4. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS. (a) In General.--Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any applicable electioneering communication'' before ``, but shall not include''. (b) Applicable Electioneering Communication.--Section 316 of such Act is amended by adding at the end the following: ``(c) Rules Relating to Electioneering Communications.-- ``(1) Applicable electioneering communication.--For purposes of this section, the term `applicable electioneering communication' means an electioneering communication (as defined in section 304(e)(3)) that is made by-- ``(A) any entity to which subsection (a) applies other than a section 501(c)(4) organization; or ``(B) a section 501(c)(4) organization if such communication is paid for using amounts derived from the conduct of a trade or business or from an entity described in subparagraph (A). ``(2) Special operating rules.--For purposes of paragraph (1), the following rules shall apply: ``(A) An electioneering communication shall be treated as made by an entity described in paragraph (1)(A) if-- ``(i) the entity described in paragraph (1)(A) directly or indirectly disburses any amount for any of the costs of the communication; or ``(ii) any amount is disbursed for the communication by a corporation or organization or a State or local political party or committee thereof that receives anything of value from the entity described in paragraph (1)(A), except that this clause shall not apply to any communication the costs of which are defrayed entirely out of a segregated account to which only individuals can contribute. ``(B) A section 501(c)(4) organization that derives amounts from business activities or from any entity described in paragraph (1)(A) shall be considered to have paid for any communication out of such amounts unless such organization paid for the communication out of a segregated account to which only individuals can contribute. ``(3) Definitions and rules.--For purposes of this subsection-- ``(A) the term `section 501(c)(4) organization' means-- ``(i) an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or ``(ii) an organization which has submitted an application to the Internal Revenue Service for determination of its status as an organization described in clause (i); and ``(B) a person shall be treated as having made a disbursement if the person has contracted to make the disbursement. ``(4) Coordination with internal revenue code.--Nothing in this subsection shall be construed to authorize an organization exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 from carrying out any activity which is prohibited under such Code.''.", "summary": "Advancing Truth and Accountability in Campaign Communications Act of 2001 - Amends the Federal Election Campaign Act of 1971 to require the filing of a report with the Commissioner of the Federal Election Commission within 24 hours of each date during a calendar year (disclosure date) on which disbursements for electioneering communications exceed an aggregate of $10,000. Defines \"electioneering communications\" as certain communications broadcast from either a television or radio station that refer to a clearly identified candidate for Federal office.Provides that if any person makes, or contracts to make, any payment for any electioneering communication, and such payment is coordinated with a candidate for Federal office or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, or an agent or official of any such candidate, party, or committee, then such payment or contracting shall be treated as a contribution to and an expenditure by such candidate.Prohibits, in general, corporate and labor disbursements for applicable electioneering communications."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``FBI Counterintelligence Act of 1994''. SEC. 2. DISCLOSURE OF INFORMATION AND CONSUMER REPORTS TO FBI FOR COUNTERINTELLIGENCE PURPOSES. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by adding after section 623 the following new section: ``Sec. 624. Disclosures to FBI for counterintelligence purposes ``(a) Identity of Financial Institutions.--Notwithstanding section 604 or any other provision of this title, a consumer reporting agency shall furnish to the Federal Bureau of Investigation the names and addresses of all financial institutions (as that term is defined in section 1101 of the Right to Financial Privacy Act of 1978) at which a consumer maintains or has maintained an account, to the extent that information is in the files of the agency, when presented with a written request for that information, signed by the Director of the Federal Bureau of Investigation, or the Director's designee, which certifies compliance with this section. The Director or the Director's designee may make such a certification only if the Director or the Director's designee has determined in writing that-- ``(1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and ``(2) there are specific and articulable facts giving reason to believe that the consumer-- ``(A) is a foreign power (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978) or a person who is not a United States person (as defined in such section 101) and is an official of a foreign power; or ``(B) is an agent of a foreign power and is engaging or has engaged in international terrorism (as that term is defined in section 101(c) of the Foreign Intelligence Surveillance Act of 1978) or clandestine intelligence activities that involve or may involve a violation of criminal statutes of the United States. ``(b) Identifying Information.--Notwithstanding the provisions of section 604 or any other provision of this title, a consumer reporting agency shall furnish identifying information respecting a consumer, limited to name, address, former addresses, places of employment, or former places of employment, to the Federal Bureau of Investigation when presented with a written request, signed by the Director or the Director's designee, which certifies compliance with this subsection. The Director or the Director's designee may make such a certification only if the Director or the Director's designee has determined in writing that-- ``(1) such information is necessary to the conduct of an authorized counterintelligence investigation; and ``(2) there is information giving reason to believe that the consumer has been, or is about to be, in contact with a foreign power or an agent of a foreign power (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978). ``(c) Court Order for Disclosure of Consumer Reports.-- Notwithstanding section 604 or any other provision of this title, if requested in writing by the Director of the Federal Bureau of Investigation, or a designee of the Director, a court may issue an order ex parte directing a consumer reporting agency to furnish a consumer report to the Federal Bureau of Investigation, upon a showing in camera that-- ``(1) the consumer report is necessary for the conduct of an authorized foreign counterintelligence investigation; and ``(2) there are specific and articulable facts giving reason to believe that the consumer whose consumer report is sought-- ``(A) is an agent of a foreign power; and ``(B) is engaging or has engaged in international terrorism (as that term is defined in section 101(c) of the Foreign Intelligence Surveillance Act of 1978) or clandestine intelligence activities that involve or may involve a violation of criminal statutes of the United States. The terms of an order issued under this subsection shall not disclose that the order is issued for purposes of a counterintelligence investigation. ``(d) Confidentiality.--No consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall disclose to any person, other than those officers, employees, or agents of a consumer reporting agency necessary to fulfill the requirement to disclose information to the Federal Bureau of Investigation under this section, that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c) and no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information or a consumer report. ``(e) Payment of Fees.--The Federal Bureau of Investigation shall, subject to the availability of appropriations, pay to the consumer reporting agency assembling or providing reports or information in accordance with procedures established under this section, a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching, reproducing, or transporting books, papers, records, or other data required or requested to be produced under this section. ``(f) Limit on Dissemination.--The Federal Bureau of Investigation may not disseminate information obtained pursuant to this section outside of the Federal Bureau of Investigation, except to the Department of Justice as may be necessary for the approval or conduct of a foreign counterintelligence investigation, or, where the information concerns a person subject to the Uniform Code of Military Justice, to appropriate investigative authorities within the military department concerned as may be necessary for the conduct of a joint foreign counterintelligence investigation. ``(g) Rules of Construction.--Nothing in this section shall be construed to prohibit information from being furnished by the Federal Bureau of Investigation pursuant to a subpoena or court order, or in connection with a judicial or administrative proceeding to enforce the provisions of this Act. Nothing in this section shall be construed to authorize or permit the withholding or information from the Congress. ``(h) Reports to Congress.--On a semiannual basis, the Attorney General of the United States shall fully inform the Permanent Select Committee on Intelligence and the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate concerning all requests made pursuant to subsections (a), (b), and (c). ``(i) Damages.--Any agency or department of the United States obtaining or disclosing any consumer reports, records, or information contained therein in violation of this section is liable to the consumer to whom such consumer reports, records, or information relate in an amount equal to the sum of-- ``(1) $100, without regard to the volume of consumer reports, records, or information involved; ``(2) any actual damages sustained by the consumer as a result of the disclosure; ``(3) if the violation is found to have been willful or intentional, such punitive damages as a court may allow; and ``(4) in the case of any successful action to enforce liability under this subsection, the costs of the action, together with reasonable attorney fees, as determined by the court. ``(j) Disciplinary Actions for Violations.--If a court determines that any agency or department of the United States has violated any provision of this section and the court finds that the circumstances surrounding the violation raise questions of whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee who was responsible for the violation. ``(k) Good-Faith Exception.--Notwithstanding any other provision of this title, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or identifying information pursuant to this subsection in good-faith reliance upon a certification of the Federal Bureau of Investigation pursuant to provisions of this section shall not be liable to any person for such disclosure under this title, the constitution of any State, or any law or regulation of any State or any political subdivision of any State. ``(l) Limitation of Remedies.--Notwithstanding any other provision of this title, the remedies and sanctions set forth in this section shall be the only judicial remedies and sanctions for violation of this section. ``(m) Injunctive Relief.--In addition to any other remedy contained in this section, injunctive relief shall be available to require compliance with the procedures of this section. In the event of any successful action under this subsection, costs together with reasonable attorney fees, as determined by the court, may be recovered.''. (b) Clerical Amendment.--The table of sections at the beginning of the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by adding after the item relating to section 623 the following: ``624. Disclosures to FBI for counterintelligence purposes.''. (c) Repeal of Provisions.-- (1) Repeal.--The following provisions of the Fair Credit Reporting Act, as added by this section, are repealed: (A) Section 624. (B) In the table of contents at the beginning of the Fair Credit Reporting Act, the item relating to section 624. (2) Effective date.--Paragraph (1) shall take effect on the date that is 5 years after the date of the enactment of this Act. SEC. 3. LIMITATION ON APPLICATION OF SECTION 2 AND REPEAL OF ANY AMENDMENTS MADE. Section 2 shall not have any legal effect after the date of the enactment of the Consumer Reporting Reform Act of 1994. Any provisions of the Fair Credit Reporting Act that were added to that Act by the amendments made by section 2 of this Act are repealed effective on the date of the enactment of the Consumer Reporting Reform Act of 1994. Passed the House of Representatives October 5, 1994. Attest: DONNALD K. ANDERSON, Clerk.", "summary": "FBI Counterintelligence Act of 1994 - Amends the Fair Credit Reporting Act to require a consumer reporting agency (agency) to furnish to the Federal Bureau of Investigation (FBI) the names and addresses of all financial institutions at which a consumer maintains or has maintained an account, to the extent that such information is in the agency's files, when presented with a written request signed by the Director of the FBI which certifies compliance with this Act. Permits the Director to make such certification only upon determining in writing that: (1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or an official of a foreign power or an agent of a foreign power engaging in international terrorism or clandestine intelligence activities involving a violation of U.S. criminal statutes (clandestine activities). Requires an agency to furnish certain identifying information respecting a consumer to the FBI when presented with such a written request. Authorizes a court to issue an order ex parte directing an agency to furnish a consumer report to the FBI if requested in writing by the Director upon a showing in camera that: (1) the consumer report is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer whose consumer report is sought is an agent of a foreign power and is engaging or has engaged in international terrorism or clandestine activities. Sets forth provisions regarding: (1) confidentiality; (2) payment of fees; (3) limits on dissemination; (4) reporting requirements; (5) damages; (6) disciplinary actions for violations; (7) a good-faith exception (for an agency relying upon an FBI certification); (8) limitation of remedies; and (9) injunctive relief and costs. Terminates this Act five years after its enactment."}
{"article": "SECTION 1. RURAL AND MOUNTAINOUS ADVISORY COUNCIL. (a) Establishment.--Subject to the availability of appropriations, not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish in the National Highway Traffic Safety Administration a Rural and Mountainous Advisory Council (hereinafter referred to as the ``Council''). (b) Membership.--Members of the Council shall include a diverse group representative of business, academia and independent researchers, State and local authorities, safety and consumer advocates, engineers, labor organizations, environmental experts, a representative of the National Highway Traffic Safety Administration, and other members determined to be appropriate by the Secretary. The Council shall be composed of not less than 15 and not more than 30 members appointed by the Secretary. (c) Terms.--Members of the Council shall be appointed by the Secretary of Transportation and shall serve for a term of three years. (d) Vacancies.--Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the Council. (e) Duties.--The Council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to the Secretary regarding the testing and deployment of highly automated vehicles and automated driving systems in areas that are rural, remote, mountainous, insular, or unmapped to evaluate operational limitations caused by natural geographical or man-made features, or adverse weather conditions, and to enhance the safety and reliability of highly automated vehicles and automated driving systems used in such areas with such features or conditions. (f) Report to Congress.--The recommendations of the Council shall also be reported to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (g) Federal Advisory Committee Act.--The establishment and operation of the Council shall conform to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). (h) Technical Assistance.--On request of the Council, the Secretary shall provide such technical assistance to the Council as the Secretary determines to be necessary to carry out the Council's duties. (i) Detail of Federal Employees.--On the request of the Council, the Secretary may detail, with or without reimbursement, any of the personnel of the Department of Transportation to the Council to assist the Council in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (j) Payment and Expenses.--Members of the Council shall serve without pay, except travel and per diem will be paid each member for meetings called by the Secretary. (k) Termination.--The Council shall terminate 6 years after the date of enactment of this Act. (l) Definitions.-- (1) In general.--In this section-- (A) the term ``automated driving system'' means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain; (B) the term ``dynamic driving task'' means all of the real time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including-- (i) lateral vehicle motion control via steering; (ii) longitudinal vehicle motion control via acceleration and deceleration; (iii) monitoring the driving environment via object and event detection, recognition, classification, and response preparation; (iv) object and event response execution; (v) maneuver planning; and (vi) enhancing conspicuity via lighting, signaling, and gesturing; (C) the term ``highly automated vehicle''-- (i) means a motor vehicle equipped with an automated driving system; and (ii) does not include a commercial motor vehicle (as defined in section 31101 of title 49, United States Code); and (D) the term ``operational design domain'' means the specific conditions under which a given driving automation system or feature thereof is designed to function. (2) Revisions to certain definitions.-- (A) If SAE International (or its successor organization) revises the definition of any of the terms defined in subparagraph (A), (B), or (D) of paragraph (1) in Recommended Practice Report J3016, it shall notify the Secretary of the revision. The Secretary shall publish a notice in the Federal Register to inform the public of the new definition unless, within 90 days after receiving notice of the new definition and after opening a period for public comment on the new definition, the Secretary notifies SAE International (or its successor organization) that the Secretary has determined that the new definition does not meet the need for motor vehicle safety, or is otherwise inconsistent with the purposes of chapter 301 of title 49, United States Code. If the Secretary so notifies SAE International (or its successor organization), the existing definition in paragraph (1) shall remain in effect. (B) If the Secretary does not reject a definition revised by SAE International (or its successor organization) as described in subparagraph (A), the Secretary shall promptly make any conforming amendments to the regulations and standards of the Secretary that are necessary. The revised definition shall apply for purposes of this section. The requirements of section 553 of title 5, United States Code, shall not apply to the making of any such conforming amendments. (C) Pursuant to section 553 of title 5, United States Code, the Secretary may update any of the definitions in subparagraph (A), (B), or (D) of paragraph (1) if the Secretary determines that materially changed circumstances regarding highly automated vehicles have impacted motor vehicle safety such that the definitions need to be updated to reflect such circumstances.", "summary": "This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration a Rural and Mountainous Advisory Council. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding the testing and deployment of highly automated vehicles and automated driving systems in rural, remote, mountainous, insular, or unmapped areas to evaluate operational limitations caused by natural geographical or man-made features or adverse weather conditions and to enhance the safety and reliability of such vehicles and systems in such areas or conditions. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An \"automated driving system\" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Restoration Tax Credit Act of 2005''. SEC. 2. CREDIT FOR EXPENSES INCURRED IN RESTORING AND PROTECTING COASTAL LANDS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR EXPENSES INCURRED IN RESTORING AND PROTECTING COASTAL LANDS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified expenditures of the taxpayer for the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) for a taxable year shall not exceed $2,000,000. ``(2) Limitation based on amount of tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under subpart A and sections 27 and 30A for the taxable year. ``(c) Qualified Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified expenditures' means amounts paid or incurred by the taxpayer for an approved project. ``(2) Approved project.--The term `approved project' means any project approved by the Natural Resources Conservation Service to restore or protect coastal lands located in the United States. ``(d) Carryovers Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (c) for such taxable year (referred to as the `unused credit year' in this paragraph), such excess shall be allowed as a credit carryforward for each of the taxable years following the unused credit year or as a credit carryback for each of the taxable years preceeding the unused credit year. ``(2) Rules.--For purposes of paragraph (1), rules similar to the rules of section 39 shall apply, except that-- ``(A) subsection (a)(1) shall be applied-- ``(i) by substituting `3 taxable years' for `1 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `5 taxable years' for `20 taxable years' in subparagraph (B) thereof, and ``(B) subsection (a)(2) shall be applied-- ``(i) by substituting `8 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `7 taxable years' for `20 taxable years' in subparagraph (B). ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (b)(2)). ``(2) No double benefit.--The amount of any deduction or credit allowable under this chapter (other than the credit allowable under subsection (a)), shall be reduced by the amount of credit allowed under subsection (a) (determined without regard to subsection (b)(2)) for the taxable year. ``(3) Reduction for assistance.--The amount taken into account under subsection (a) with respect to any project shall be reduced by the amount of any Federal, State, or local grant or other assistance received by the taxpayer during such taxable year or any prior taxable year which was used to make qualified expenditures and which was not included in the gross income of such taxpayer.''. (b) Basis Adjustment.--Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) to the extent provided in section 30B(e)(1).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Credit for expenses incurred in restoring and protecting coastal lands.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "summary": "Coastal Restoration Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for expenditures related to any project approved by the Natural Resources Conservation Service to restore or protect coastal lands in the United States."}
{"article": "SECTION 1. SHORT TITLE; AMENDMENT OF NATIONAL DAM SAFETY PROGRAM ACT. (a) Short Title.--This Act may be cited as the ``Dam Safety and Security Act of 2002''. (b) Amendment of National Dam Safety Program Act.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Dam Safety Program Act (33 U.S.C. 467 et seq.). SEC. 2. INTERAGENCY COMMITTEE ON DAM SAFETY. Section 7(b) (33 U.S.C. 467e(b)) is amended-- (1) by striking ``Federal and State programs'' and inserting ``Federal programs''; and (2) by striking ``through--'' and all that follows through the period at the end and inserting ``through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.''. SEC. 3. NATIONAL DAM SAFETY PROGRAM. (a) In General.--Section 8(a)(3) (33 U.S.C. 467f(a)(3)) is amended-- (1) in subparagraph (B) by striking ``implementation plan described in subsection (e)'' and inserting ``strategic plan described in subsection (b)''; and (2) in subparagraph (C) by striking ``subsection (f)'' and inserting ``subsection (e)''. (b) Duties.--Section 8(b) (33 U.S.C. 467f(b)) is amended to read as follows: ``(b) Duties.--The Director shall prepare a strategic plan-- ``(1) to establish goals, priorities, and target dates to improve the safety of dams in the United States; and ``(2) to the extent feasible, to establish cooperation and coordination with, and assistance to, interested governmental entities in all States.''. (c) Objectives.--Section 8(c) (33 U.S.C. 467f(c)) is amended-- (1) in paragraph (5) by striking ``and'' at the end; (2) in paragraph (6) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) develop technical assistance materials, seminars, and guidelines to improve security for dams in the United States.''. (d) Functional Activities.--Section 8(d)(3)(A) (33 U.S.C. 467f(d)(3)(A)) is amended by striking ``and shall be'' and all that follows through the period at the end and inserting ``and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States.''. (e) Implementation Plan; Dam Safety Training.-- (1) In general.--Section 8 (33 U.S.C. 467f) is amended by striking subsections (e) and (g) and redesignating subsections (f) and (h) as subsections (e) and (f), respectively. (2) Conforming amendments.--Section 2 (33 U.S.C. 467) is amended-- (A) in paragraph (1) by striking ``section 8(h)'' and inserting ``section 8(f)''; and (B) in paragraph (12) by striking ``section 8(f)'' and inserting ``section 8(e)''. (f) Assistance for State Dam Safety Programs.--Section 8(e) (as redesignated by subsection (e) of this section) is amended-- (1) in paragraph (1) by striking ``the Director shall provide assistance'' and all that follows through the period at the end and inserting ``the Director shall provide assistance with amounts made available under section 13 to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).''; (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``primary''; and (ii) by striking ``, and for a State to be eligible'' and all that follows before the colon; (B) in subparagraph (A)-- (i) in the matter preceding clause (i) by striking ``For a State to be eligible for assistance under this subsection, a State'' and inserting ``A State''; and (ii) in clause (vi) by inserting ``improve security,'' before ``revise operating procedures,''; and (3) in paragraph (3) by striking ``contract'' each place it appears and inserting ``agreement''. (g) Board.-- (1) Establishment.--Section 8(f)(1) (as redesignated by subsection (e) of this section) is amended-- (A) by striking ``The Director may establish'' and inserting ``The Director shall establish''; and (B) by striking ``to monitor'' and all that follows through the period at the end and inserting ``to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Director on national dam safety policy.''. (2) Voting membership.--Section 8(f)(3) (as redesignated by subsection (e) of this section) is amended-- (A) in the paragraph heading by striking ``Membership'' and inserting ``Voting membership''; (B) in the matter preceding subparagraph (A) by striking ``11 members'' and inserting ``11 voting members''; and (C) by striking subparagraphs (F) and (G) and inserting the following: ``(F) 5 members shall be selected by the Director from among State dam safety officials; and ``(G) 1 member shall be selected by the Director to represent the private sector.''. (3) Nonvoting membership; duties; work groups.--Section 8(f) (as redesignated by subsection (e) of this section) is amended-- (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (7), (8), and (9), respectively; and (B) by inserting after paragraph (3) the following: ``(4) Nonvoting membership.--The Director, in consultation with the Board, may invite a representative of the National Laboratories of the Department of Energy and may invite representatives from Federal or State agencies or dam safety experts, as needed, to participate in meetings of the Board. ``(5) Duties.-- ``(A) In general.--The Board shall encourage the establishment and maintenance of effective programs, policies, and guidelines to enhance dam safety for the protection of human life and property throughout the United States. ``(B) Coordination and information exchange among agencies.--In carrying out subparagraph (A), the Board shall encourage coordination and information exchange among Federal and State dam safety agencies that share common problems and responsibilities for dam safety, including planning, design, construction, operation, emergency action planning, inspections, maintenance, regulation or licensing, technical or financial assistance, research, and data management. ``(6) Work groups.--The Director may establish work groups under the Board to assist the Board in accomplishing its goals. The work groups shall consist of members of the Board and other individuals selected by the Director.''. (4) Travel expenses.--Section 8(f) (as redesignated by subsection (e) of this section) is amended by striking paragraph (8) (as redesignated by paragraph (3)(A) of this subsection) and inserting the following: ``(8) Travel expenses.-- ``(A) Representatives of federal agencies.--To the extent amounts are madeavailable in advance in appropriations Acts, each member of the Board who represents a Federal agency shall be reimbursed of appropriations for travel expenses by his or her agency, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of services for the Board. ``(B) Other individuals.--To the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a State agency, the member of the Board who represents the private sector, and each member of a work group created under paragraph (1) shall be reimbursed for travel expenses by FEMA, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from home or regular place of business of the member in performance of services for the Board.''. SEC. 4. RESEARCH. Section 9(a) (33 U.S.C. 467g) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``in cooperation with ICODS'' and inserting ``in cooperation with the Board''; and (B) by inserting ``and support'' after ``develop''; (2) in paragraph (1) by striking ``and'' at the end; (3) in paragraph (2) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(3) development and maintenance of information resources systems needed to support managing the safety of dams; and ``(4) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.''. SEC. 5. DAM SAFETY TRAINING. The Act (33 U.S.C. 467 et seq.) is amended-- (1) by redesignating sections 10, 11, and 12 as sections 11, 12, and 13, respectively; and (2) by inserting after section 9 the following: ``SEC. 10. DAM SAFETY TRAINING. ``At the request of any State that has or intends to develop a State dam safety program, the Director shall provide training for State dam safety staff and inspectors.''. SEC. 6. REPORTS. Section 11 (as redesignated by section 5 of this Act) is amended by striking subsection (a) and all that follows through ``(b) Biennial Reports.--''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Annual Amounts.--Section 13(a)(1) (as redesignated by section 5 of this Act) is amended-- (1) by striking ``sections 7, 8, and 10'' and inserting ``sections 7, 8, and 11''; and (2) by striking ``$1,000,000 for fiscal year 1998,'' and all that follows through the period at the end and inserting ``$6,000,000 for each of fiscal years 2003 through 2006, to remain available until expended.''. (b) Allocation.--Section 13(a)(2) (as redesignated by section 5 of this Act) is amended-- (1) in subparagraph (A) by striking ``section 8(f)'' each place it appears and inserting ``section 8(e)''; and (2) in subparagraph (C) by striking ``needing primary assistance and States needing advanced assistance under section 8(f)''. (c) Research; Dam Safety Training; Staff.--Section 13 (as redesignated by section 5 of this Act) is amended by striking subsections (c) through (e) and inserting the following: ``(c) Research.--There is authorized to be appropriated to carry out section 9 $1,500,000 for each of fiscal years 2003 through 2006, to remain until expended. ``(d) Dam Safety Training.--There is authorized to be appropriated to carry out section 10 $500,000 for each of fiscal years 2003 through 2006. ``(e) Staff.--There is authorized to be appropriated to FEMA for the employment of such additional staff personnel as are necessary to carry out sections 8 through 10 $600,000 for each of fiscal years 2003 through 2006.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Dam Safety and Security Act of 2002 - Amends the National Dam Safety Program Act to direct the Interagency Committee on Dam Safety to encourage the establishment and maintenance of effective Federal (currently, Federal and State) programs, policies, and guidelines intended to enhance dam safety.(Sec. 3) Requires the Director of the Federal Emergency Management Agency to prepare a strategic plan to establish: (1) goals, priorities, and target dates to improve dam safety; and (2) cooperation and coordination with, and assistance to, interested State governmental entities.Requires the Director to: (1) provide assistance to assist States in establishing, maintaining, and improving dam safety programs; and (2) establish the National Dam Safety Review Board to monitor State implementation (authorized under current law), to monitor the safety of dams in the United States, and to advise the Director on national dam safety policy. Provides for participation of representatives from Federal or State agencies or dam safety experts as nonvoting members in Board meetings.(Sec. 4) Requires technical and archival research to support: (1) development and maintenance of information resources systems needed to support managing dam safety; and (2) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.(Sec. 5) Requires the Director, at the request of any State that has or intends to develop a State dam safety program, to provide training for State dam safety staff and inspectors.(Sec. 7) Increases and extends through FY 2006 the authorization of appropriations for the national dam safety program, national dam research, and dam safety training and staffing requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Central American Security Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM EL SALVADOR, GUATEMALA, AND HONDURAS. Section 202 of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note) is amended-- (1) in the section heading, by striking ``nicaraguans and cubans'' and inserting ``nicaraguans, cubans, salvadorans, guatemalans, and hondurans''; (2) in subsection (a)(1)(A), by striking ``April 1, 2000'' and inserting ``two years after the promulgation of a final rule implementing the Central American Security Act''; (3) in subsection (b)(1), by striking ``Nicaragua or Cuba'' and inserting ``Nicaragua, Cuba, El Salvador, Guatemala, or Honduras''; and (4) in subsection (d)(1)(E), by striking ``April 1, 2000'' and inserting ``two years after the promulgation of a final rule implementing the Central American Security Act''. SEC. 3. APPLICATIONS PENDING UNDER AMENDMENTS MADE BY SECTION 203 OF THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT. An application for relief properly filed by a national of Guatemala or El Salvador under the amendments made by section 203 of the Nicaraguan Adjustment and Central American Relief Act which was filed on or before the date of the enactment of this Act, and on which a final administrative determination has not been made, shall, at the election of the applicant, be considered to be an application for adjustment of status under the provisions of section 202 of the Nicaraguan Adjustment and Central American Relief Act, as amended by this Act, upon the payment of any fees, and in accordance with procedures, that the Attorney General shall prescribe by regulation. The Attorney General may not refund any fees paid in connection with an application filed by a national of Guatemala or El Salvador under the amendments made by section 203 of that Act. SEC. 4. TECHNICAL AMENDMENTS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT. (a) In General.--Section 202 of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note) is amended-- (1) in subsection (a)-- (A) by inserting before the period at the end of paragraph (1)(B) the following: ``, and the Attorney General may waive the grounds of inadmissibility specified in subparagraphs (A)(i) and (6)(C) of section 212(a)(1) of such Act for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest''; and (B) by amending paragraph (3) to read as follows: ``(3) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. Such an alien may be required to seek a stay of such an order in accordance with subsection (c) to prevent the execution of the order pending the adjudication of the application for adjustment of status. If the Attorney General denies a stay of a final order of exclusion, deportation, or removal, or if the Attorney General renders a final administrative determination to deny the application for adjustment of status, the order shall be effective and enforceable to the same extent as if the application had not been made. If the Attorney General grants the application for adjustment of status, the Attorney General shall cancel the order.''; (2) in subsection (b)(1), by adding at the end the following: ``Subsection (a) shall not apply to an alien lawfully admitted for permanent residence, unless the alien is applying for relief under that subsection in deportation or removal proceedings.''; (3) in subsection (c)(1), by adding at the end the following: ``Nothing in this section requires the Attorney General to stay the removal of an alien who is ineligible for adjustment of status under this section.''; (4) in subsection (d)-- (A) by amending the subsection heading to read as follows: ``(d) Spouses, Children, and Unmarried Sons and Daughters.--''; (B) by amending the heading of paragraph (1) to read as follows: ``(1) Adjustment of status.--''; (C) by amending paragraph (1)(A) to read as follows: ``(A) the alien entered the United States on or before the date of the enactment of the Central American Security Act;''; (D) by amending paragraph (1)(B) to read as follows: ``(B) the alien-- ``(i) is the spouse, child, or unmarried son or daughter of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a) or pursuant to the amendments made by section 203, except that-- ``(I) any determination of whether the alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using the age of the alien on the date on which the principal alien filed for adjustment under subsection (a) or pursuant to the amendments made by section 203; ``(II) in the case of such a spouse, stepchild, or unmarried stepson or stepdaughter, the spouse, stepchild, stepson, or stepdaughter shall be required to establish that the qualifying marriage was entered into before the date of the enactment of the Central American Security Act; and ``(III) in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the United States for a continuous period beginning not later than December 1, 1995, and ending not earlier than the date on which the application for adjustment under this subsection is filed; or ``(ii) was, at the time at which a principal alien filed for adjustment under subsection (a) or pursuant to the amendments made by section 203, the spouse or child of such principal alien, the status of such principal alien is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a) or pursuant to the amendments made by section 203, and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by such principal alien;''; and (E) by adding at the end the following new paragraph: ``(3) Eligibility of certain spouses and children for issuance of immigrant visas.-- ``(A) In general.--In accordance with regulations to be promulgated by the Attorney General and the Secretary of State, upon approval of an application for adjustment of status to that of an alien lawfully admitted for permanent residence under subsection (a) or pursuant to the amendments made by section 203, an alien who is the spouse or child of the alien being granted such status may be issued a visa for admission to the United States as an immigrant following to join the principal applicant, if the spouse or child-- ``(i) satisfies the requirements in paragraphs (1)(B) and (1)(D); and ``(ii) applies for such a visa within a time period to be established by such regulations. ``(B) Retention of fees for processing applications.--The Secretary of State may retain fees to recover the cost of immigrant visa application processing and issuance for certain spouses and children of aliens whose applications for adjustment of status under subsection (a) have been approved. Such fees-- ``(i) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of such processing and issuance; and ``(ii) shall be available until expended for the same purposes of such appropriation to support consular activities.''; (5) in subsection (g), by inserting ``, or an immigrant classification,'' after ``for permanent residence''; and (6) by adding at the end the following new subsection: ``(i) Statutory Construction.--Nothing in this section authorizes any alien to apply for admission to, be admitted to, be paroled into, or otherwise lawfully return to the United States, to apply for, or to pursue an application for adjustment of status under this section without the express authorization of the Attorney General.''. (b) Effective Date.--The amendments made by paragraphs (1)(B), (2), and (6) shall be effective as if included in the enactment of the Nicaraguan Adjustment and Central American Relief Act. The amendments made by paragraphs (1)(A), (3), (4), and (5) shall take effect on the date of the enactment of this Act. SEC. 5. SECURITY AND CRIMINAL BACKGROUND INVESTIGATIONS. Notwithstanding any other provision of law, no applicant for relief under this Act, or the amendments made by this Act, is eligible to receive a waiver from any security or criminal background investigation required to process an application under section 202 of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note). All applicants seeking relief under this Act, or the amendments made by this Act, shall submit fingerprints to the appropriate government agency in order to facilitate such processing. SEC. 6. MOTIONS TO REOPEN. Notwithstanding any time and number limitations imposed by law on motions to reopen, a national of Cuba or Nicaragua who, on the date of the enactment of the Act, has a final administrative denial of an application for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act, and who is made eligible for adjustment of status under that Act by the amendments made by this Act, may file one motion to reopen an exclusion, deportation, or removal proceeding to have the application reconsidered. Any such motion shall be filed within 180 days of the date of the enactment of this Act. The scope of any proceeding reopened on this basis shall be limited to a determination of the alien's eligibility for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act.", "summary": "Central American Security Act - Amends the Nicaraguan Adjustment and Central American Relief Act to: (1) extend permanent resident status adjustment provisions to qualifying Salvadoran, Guatemalan, and Honduran nationals; and (2) revise the application filing deadline.Permits certain pending applications filed by Salvadoran or Guatemalan nationals to be converted to an application for status adjustment under the Act.Amends the Act to: (1) authorize the Attorney General to waive certain grounds of inadmissibility; and (2) provide for issuance of immigrant visas to certain spouses and children.States that applicants for relief: (1) shall not be granted a waiver from any security or criminal background investigation required by the Act; and (2) shall submit fingerprints to the appropriate Federal agencies.Provides for the limited reopening of certain orders of deportation, exclusion, or removal by certain Cuban, or Nicaraguan nationals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Iranian Nuclear Trade Prohibition Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Iran has pursued a nuclear program with assistance from foreign entities and foreign governments. (2) It is important that Iran not seek to develop nuclear weapons under the cover of a civilian nuclear power program. (3) The Government of Iran has asserted that its nuclear program is for peaceful purposes, however, that Government has supported terrorist organizations and uses harsh rhetoric towards allies of the United States in the Middle East, and the United States has expressed great concern with Iran's nuclear ambitions and has worked with United States allies to end Iran's nuclear program. (4) In October 2003, the Government of Iran promised it would suspend uranium enrichment activities, but broke that promise less than a year later. (5) In November 2004, the Government of Iran, in concert with talks with representatives of the Governments of Britain, France, and Germany (the ``EU-3'') agreed to suspend all uranium enrichment and reprocessing activities related to Iran's nuclear program under the terms of the agreement made between the Islamic Republic of Iran and France, Germany and the United Kingdom, with the support of the High Representative of the European Union (the ``Paris Agreement''). (6) The EU-3 agreed to support the United States in taking Iran's nuclear program to the United Nations Security Council if Iran resumed its nuclear activities. (7) In concert with the Paris Agreement, the President announced that the United States will drop its opposition to Iran's application to join the World Trade Organization and permit, on a case-by-case basis, the licensing of spare parts for Iranian commercial aircraft. (8) Iran's uranium enrichment program is likely to be dispersed throughout the country, protected in hardened infrastructure, and highly mobile. (9) The Parliament of Iran passed a nonbinding resolution insisting that the Government of Iran resume developing nuclear fuel. (10) That resolution stated that Iran should develop enough nuclear fuel to generate 20,000 megawatts of electricity. (11) In February 2005, the Atomic Energy Agency of Russia announced that Russia would ship nuclear fuel to Iran's Busheher nuclear reactor. (12) Russia pledged to provide fuel to this facility for 10 years and, under the commitment, Iran has pledged to return spent fuel to Russia for storage. (13) Russia remains the only major nuclear fuel market closed to outside competition and 100 percent of Russia's nuclear fuel industry is owned by the Government of Russia. (14) Iran is the fourth-largest oil producer in the world. (15) Iran has a wealth of natural gas and crude oil reserves and it is estimated that Iran plans to invest $104,000,000,000 by 2015 in natural gas production and that Iran plans to increase crude oil production to 7,000,000 barrels a day by 2020. SEC. 3. SENSE OF CONGRESS ON TRADE RELATIONS WITH STATE SPONSORS OF TERRORISM. It is the sense of Congress that the countries of the world should choose between trading with state sponsors of terrorism or maintaining good trade relations with the United States. SEC. 4. PROHIBITION OF ENTRY OF NUCLEAR FUEL ASSEMBLIES. The Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by inserting after section 10 the following new section: ``SEC. 10A. PROHIBITION OF ENTRY TO NUCLEAR FUEL ASSEMBLIES TO THE UNITED STATES. ``(a) In General.--Subject to subsection (b), the President shall prohibit the United States, or any entity of the United States, from purchasing nuclear fuel assemblies from any person or government entity, or any entity affiliated with such person or entity, that sells nuclear fuel assemblies to Iran. ``(b) Waiver.--The President may waive the prohibition in subsection (a) if the President-- ``(1) determines that the waiver is in the national security interest of the United States; and ``(2) at least 7 days before the waiver takes effect, notifies the required congressional committees of the President's intention to exercise the waiver. ``(c) Definitions.--In this section: ``(1) Nuclear fuel assemblies.--The term `nuclear fuel assemblies' does not include low-enriched uranium (LEU). For the purpose of the preceding sentence the term `low-enriched uranium' means a product produced using blended down weapons- grade and highly-enriched uranium (HEU) that is provided by the Russian entity Techsnabexport (also known as TENEX) in cooperation with the U.S. Enrichment Corporation, a subsidiary of USEC, Inc. ``(2) Required congressional committees.--The term `required congressional committees' means the Committee on Armed Services, the Committee on Finance, and the Committee on Foreign Relations of the Senate and the Committee on Armed Services, the Committee on International Relations, and the Committee on Ways and Means of the House of Representatives.''.", "summary": "Iranian Nuclear Trade Prohibition Act of 2005 - Expresses the sense of Congress that countries should choose between trading with state sponsors of terrorism or maintaining good trade relations with the United States. Amends the Iran and Libya Sanctions Act of 1996 to direct the President to prohibit the United States or any U.S. entity from purchasing nuclear fuel assemblies (not including low-enriched uranium) from any person or government or affiliated entity that sells nuclear fuel assemblies to Iran. Authorizes the President, with congressional notification, to waive such prohibition for national security purposes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Payment Improvement Act of 2009''. SEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. (a) In General.--Section 1848(e)(5) of the Social Security Act (42 U.S.C. 1395w-4(e)) is amended by adding at the end the following new paragraph: ``(6) Value index.-- ``(A) In general.--The Secretary shall determine a value index for each hospital referral area (as defined by the Secretary). The value index shall be the ratio of the quality component under subparagraph (B) to the cost component under subparagraph (C) for that hospital referral area. ``(B) Quality component.-- ``(i) In general.--The quality component shall be based on a composite score that reflects quality measures available on a State or hospital referral area (as so defined) basis. The measures shall reflect health outcomes and health status for the Medicare population, patient safety, and patient satisfaction. The Secretary shall use the best data available, after consultation with the Agency for Healthcare Research and Quality and with private entities that compile quality data. ``(ii) Advisory group.-- ``(I) In general.--Not later than 60 days after the date of enactment of the Medicare Payment Improvement Act of 2009, the Secretary shall establish a group of experts and stakeholders to make consensus recommendations to the Secretary regarding development of the quality component. The membership of the advisory group shall at least reflect providers, purchasers, health plans, researchers, relevant Federal agencies, and individuals with technical expertise on health care quality. ``(II) Duties.--In the development of recommendations with respect to the quality component, the group established under subclause (I) shall consider at least the following areas: ``(aa) High variation and high cost per capita utilization of resources, including rates of hospitalizations, number of visits and subspecialty referrals, and number of procedures (as determined by data under this title). ``(bb) Health outcomes and functional status of patients. ``(cc) The continuity, management, and coordination of health care and care transitions, including episodes of care, for patients across the continuum of providers, health care settings, and health plans. ``(dd) Patient, caregiver, and authorized representative experience, quality and relevance of information provided to patients, caregivers, and authorized representatives, and use of information by patients, caregivers, and authorized representatives to inform decision making. ``(ee) The safety, effectiveness, and timeliness of care. ``(ff) The appropriate use of health care resources and services. ``(gg) Other items determined appropriate by the Secretary. ``(iii) Requirement.--In establishing the quality component under this subparagraph, the Secretary shall-- ``(I) take into account the recommendations of the group established under clause (ii)(I); and ``(II) provide for an open and transparent process for the activities conducted pursuant to the convening of such group with respect to the development of the quality component. ``(iv) Establishment.--The quality component for each hospital referral area (as so defined) shall be the ratio of the quality score for such area to the national average quality score. ``(v) Quality baseline.--If the quality component for a hospital referral area (as so defined) does not rank in the top 25th percentile as compared to the national average (as determined by the Secretary) and the amount of reimbursement for services under this section is greater than the amount of reimbursement for such services that would have applied under this section if the amendments made by section 2 of the Medicare Payment Improvement Act of 2009 had not been enacted, this section shall be applied as if such amendments had not been enacted. ``(vi) Application.--In the case of a hospital referral area (as so defined) that is less than an entire State, if available quality data is not sufficient to measure quality at the sub-State level, the quality component for a sub-State hospital referral area shall be the quality component for the entire State. ``(C) Cost component.-- ``(i) In general.--The cost component shall be total annual per beneficiary Medicare expenditures under part A and this part for the hospital referral area (as so defined). The Secretary may use total per beneficiary expenditures under such parts in the last two years of life as an alternative measure if the Secretary determines that such measure better takes into account severity differences among hospital referral areas. ``(ii) Establishment.--The cost component for a hospital referral area (as so defined) shall be the ratio of the cost per beneficiary for such area to the national average cost per beneficiary.''. (b) Conforming Amendments.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (b)(1)(C), by striking ``geographic'' and inserting ``geographic and value''; and (2) in subsection (e)-- (A) in paragraph (1)-- (i) in the heading, by inserting ``and value'' after ``geographic''; (ii) in subparagraph (A), by striking clause (iii) and inserting the following new clause: ``(iii) a value index (as defined in paragraph (6)) applicable to physician work.''; (iii) in subparagraph (C), by inserting ``and value'' after ``geographic'' in the first sentence; (iv) in subparagraph (D), by striking ``physician work effort'' and inserting ``value''; (v) by striking subparagraph (E); and (vi) by striking subparagraph (G); (B) by striking paragraph (2) and inserting the following new paragraph: ``(2) Computation of geographic and value adjustment factor.--For purposes of subsection (b)(1)(C), for all physicians' services for each hospital referral area (as defined by the Secretary) the Secretary shall establish a geographic and value adjustment factor equal to the sum of the geographic cost-of-practice adjustment factor (specified in paragraph (3)), the geographic malpractice adjustment factor (specified in paragraph (4)), and the value adjustment factor (specified in paragraph (5)) for the service and the area.''; and (C) by striking paragraph (5) and inserting the following new paragraph: ``(5) Physician work value adjustment factor.--For purposes of paragraph (2), the `physician work value adjustment factor' for a service for a hospital referral area (as defined by the Secretary), is the product of-- ``(A) the proportion of the total relative value for the service that reflects the relative value units for the work component; and ``(B) the value index score for the area, based on the value index established under paragraph (6).''. (c) Availability of Quality Component Prior to Implementation.--The Secretary of Health and Human Services shall make the quality component described in section 1848(c)(6)(B) of the Social Security Act, as added by subsection (a), for each hospital referral area (as defined by the Secretary) available to the public by not later than July 1, 2011. (d) Effective Date.--Subject to subsection (e), the amendments made by this section shall apply to the Medicare physician fee schedule for 2012 and each subsequent year. (e) Transition.--Notwithstanding the amendments made by the preceding provisions of this section, the Secretary of Health and Human Services shall provide for an appropriate transition to the amendments made by this section. Under such transition, in the case of payments under such fee schedule for services furnished during-- (1) 2012, 25 percent of such payments shall be based on the amount of payment that would have applied to the services if such amendments had not been enacted and 75 percent of such payment shall be based on the amount of payment that would have applied to the services if such amendments had been fully implemented; (2) 2013, 50 percent of such payment shall be based on the amount of payment that would have applied to the services if such amendments had not been enacted and 50 percent of such payment shall be based on the amount of payment that would have applied to the services if such amendments had been fully implemented; and (3) 2014 and subsequent years, 100 percent of such payment shall be based on the amount of payment that is applicable under such amendments.", "summary": "Medicare Payment Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to determine a value index for the physician work component for each Medicare hospital referral area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Opioid Use Treatment Help Act of 2017'' or the ``YOUTH Act''. SEC. 2. REAUTHORIZATION OF SUBSTANCE ABUSE TREATMENT SERVICES FOR CHILDREN, ADOLESCENTS, AND YOUNG ADULTS. Section 514 of the Public Health Service Act (42 U.S.C. 290bb-7) is amended-- (1) in the section heading, by striking ``children and adolescents'' and inserting ``children, adolescents, and young adults''; (2) in subsection (a)(2), by striking ``children, including'' and inserting ``children, adolescents, and young adults, including''; and (3) by striking ``children and adolescents'' each place it appears and inserting ``children, adolescents, and young adults''. SEC. 3. ACCESS TO MEDICATION-ASSISTED TREATMENT FOR ADOLESCENTS AND YOUNG ADULTS DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality (in this section referred to as the ``Director''), shall award grants to eligible entities to establish demonstration programs to-- (1) expand access to medication-assisted treatment for opioid use disorders among adolescents and young adults; (2) identify and test solutions for overcoming barriers to implementation of medication-assisted treatment for adolescents and young adults; or (3) create and distribute resources on medication-assisted treatment training and implementation for providers of health care to children, adolescents, and young adults. (b) Eligible Entities.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) be a State, political subdivision of a State, Indian tribe, or tribal organization, professional family medicine provider organization, professional pediatric provider organization or other organization representing providers of health care to children, adolescents, and young adults, professional addiction medicine provider organization, hospital, an institution of higher education, or other appropriate public or nonprofit institution; and (2) certify that it is in compliance with all applicable registration and licensing requirements. (c) Application.--To seek a grant under this section, an entity shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (d) Duration.--An eligible entity may receive funds under this section to carry out a demonstration program described in this section for a period of not greater than 3 years. After the first year for which funding is provided to an eligible entity for a demonstration program, funding may be provided under this section for a subsequent year for such program only upon review of such program by the Director and approval by the Director of such subsequent year of funding. (e) Reports.-- (1) By grant recipients.--Each eligible entity awarded a grant under this section for a demonstration program shall submit to the Director progress reports on such demonstration program at such times, in such manner, and containing such information as the Director may require. (2) By director.--Not later than one year after the date on which all demonstration programs funded under this section have been completed, the Director shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that-- (A) describes the availability of medication- assisted treatment for adolescents and young adults with opioid use disorders in the United States, including barriers to such treatment; (B) describes the specific demonstration programs carried out pursuant to this section; (C) evaluates the effectiveness of such programs; (D) evaluates any unintended consequences of such programs; and (E) provides recommendations for ensuring that medication-assisted treatment is accessible to adolescents and young adults with opioid use disorders. (f) Definitions.--In this section: (1) The phrase ``adolescents and young adults'' means individuals who have attained 10 years of age and not yet attained 26 years of age. (2) The term ``medication-assisted treatment'' means the combination of pharmacological treatments approved by the Food and Drug Administration, and counseling and behavioral therapies, for the treatment of substance use disorders. (3) The term ``opioid use disorder'' means a problematic pattern of opioid use leading to clinically significant impairment or distress occurring within a 12-month period. (4) The term ``pediatric health care provider'' means a provider of health care to individuals who have attained 10 years of age and not yet attained 26 years of age. (5) The term ``professional family medicine provider organization'' means a national organization whose members consist primarily of family medicine providers. (6) The term ``professional pediatric provider organization'' means a national organization whose members consist primarily of pediatric health care providers. (g) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 to carry out this section.", "summary": "Youth Opioid Use Treatment Help Act of 2017 or the YOUTH Act This bill amends the Public Health Service Act to expand the grant program for substance abuse treatment services for children and adolescents to cover young adults. The Agency for Healthcare Research and Quality (AHRQ) must award grants for demonstration programs to: (1) expand access to medication-assisted treatment for opioid use disorders among adolescents and young adults, or (2) create and distribute resources on medication-assisted treatment training and implementation for health care providers of children, adolescents, and young adults. AHRQ must report on the demonstration programs and the availability of medication-assisted treatment for adolescents and young adults. The report must include recommendations for ensuring such treatment is accessible."}
{"article": "SECTION 1. PUBLIC DISCLOSURE OF INFORMATION REGARDING SURVEILLANCE ACTIVITIES UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) Definitions.--In this section: (1) FISA court.--The term ``FISA Court'' means a court established under section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803). (2) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (b) Requirement To Disclose.-- (1) In general.--If a FISA Court issues a decision that determines that surveillance activities conducted by the Government of the United States have violated the laws or Constitution of the United States, the Attorney General shall publicly disclose the decision in a manner consistent with the protection of the national security of the United States. (2) Disclosure described.--For each disclosure required by paragraph (1), the Attorney General shall make available to the public documents sufficient to identify with particularity the statutory or constitutional provision that was determined to have been violated. (3) Documents described.--The Attorney General shall satisfy the disclosure requirements in paragraph (2) by-- (A) releasing a FISA Court decision in its entirety or as redacted; or (B) releasing a summary of a FISA Court decision. (4) Extensive disclosure.--The Attorney General shall release as much information regarding the facts and analysis contained in a decision described in paragraph (1) or documents described in paragraph (3) as is consistent with legitimate national security concerns. (5) Timing of disclosure.--A decision that is required to be disclosed under paragraph (1) shall be disclosed not later than 60 days after the decision is issued. (c) Director of National Intelligence Disclosures to Congress and the Public.-- (1) Requirement for disclosures to congress.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to Congress, in writing, the following information: (A) Whether the National Security Agency or any other element of the intelligence community has ever collected the cell-site location information of a large number of United States persons with no known connection to suspicious activity, or made plans to collect such information. (B) A description of the type and amount of evidence the Director of National Intelligence believes is required to permit the collection of cell-site location information of United States persons for intelligence purposes. (C) Whether the National Security Agency or any other element of the intelligence community has ever conducted a warrantless search of a collection of communications collected under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) in an effort to find the communications of a particular United States person (other than a corporation). (D) If the National Security Agency or any other element of the intelligence community has conducted a search described in subparagraph (C), the number of such searches that have been conducted or an estimate of such number if it is not possible to provide a precise count. (E) A specific description of when the United States Government first began relying on authorities under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) to justify the collection of records pertaining to large numbers of United States persons with no known connection to suspicious activity. (F) Whether representations made to the Supreme Court of the United States by the Department of Justice in the case of Clapper v. Amnesty International USA accurately described the use of authorities under the Foreign Intelligence Surveillance Act of 1978 by the United States Government, and if any representations were inaccurate, which representations were inaccurate and how such representations have been corrected. (G) A listing of FISA Court opinions that identified violations of the law, the Constitution, or FISA Court orders with regard to collection carried out pursuant to section 402, 501, or 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842, 1861, and 1881a) and a description of the violations identified by a FISA Court. (2) Form of disclosures.-- (A) Disclosures to the public.--The written submission required by paragraph (1) shall be made available to the public not later than 15 days after the date it is submitted to Congress. (B) Redactions.--If the Director of National Intelligence believes that public disclosure of information in the written submission required by paragraph (1) could cause significant harm to national security, the Director may redact such information from the version made available to the public. (C) Submission to congress.--If the Director redacts information under subparagraph (B), not later than 30 days after the date the written submission required by paragraph (1) is made available to the public under subparagraph (A), the Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a statement explaining the specific harm to national security that the disclosure of such information could cause. (d) Assessment of Economic Impact of Surveillance Activities.-- (1) Requirement for assessment.--The Comptroller General of the United States, in consultation with the United States International Trade Commission, shall conduct an assessment of the economic impact of bulk collection programs conducted under title IV and title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841 et seq.), as modified by the USA PATRIOT Act (Public Law 107-56; 115 Stat. 272), and of surveillance programs conducted under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), in light of the fact that such programs are now public. (2) Evaluation.--The assessment required by paragraph (1) shall include an evaluation of the impact of these disclosures on United States communication service providers' ability to compete in foreign markets. (3) Submission to congress.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress the findings of the assessment required by paragraph (1).", "summary": "Requires the Attorney General to publicly disclose, in a manner consistent with national security, any decision of a court established by the Foreign Intelligence Surveillance Act of 1978 (FISA) that surveillance activities conducted by the U.S. government have violated a particular U.S. law or constitutional provision. Requires the Director of National Intelligence (DNI) to provide information on surveillance activities to Congress, including information regarding: (1) whether the National Security Agency (NSA) or any other element of the intelligence community has ever collected, or made plans to collect, the cell-site location information of a large number of U.S. persons with no known connection to suspicious activity; (2) the type and amount of evidence the DNI believes is required to permit the collection of cell-site information for intelligence purposes; (3) whether NSA or any other element of the intelligence community has ever conducted a warrantless search of a collection of communications in an effort to find the communications of a particular U.S. person (other than a corporation) and, if so, the number of such searches or an estimate of such number; (4) when the U.S. government first began relying on authorities under FISA to justify the collection of records with no known connection to suspicious activity; (5) whether representations made to the U.S. Supreme Court by the Department of Justice (DOJ) in the case of Clapper v. Amnesty International USA accurately described the use of authorities under FISA by the government, which of such representations, if any, were inaccurate, and how such representations have been corrected; and (6) FISA court opinions that identified violations of the law, the Constitution, or FISA court orders relating to the collection of information under FISA. Directs the Comptroller General (GAO), in consultation with the U.S. International Trade Commission, to conduct an assessment of the economic impact, including the impact on the ability of U.S. communication service providers to compete in foreign markets, of bulk collection and surveillance programs conducted under FISA, and to report to Congress on such assessment."}
{"article": "SECTION 1. OLYMPIC NATIONAL PARK--QUILEUTE TRIBE. (a) Definitions.--In this section: (1) Map.--The term ``Map'' means the map entitled ``Olympic National Park and Quileute Reservation Boundary Adjustment Map'', numbered 149/80,059, and dated June 2010. (2) Park.--The term ``Park'' means the Olympic National Park, located in the State of Washington. (3) Reservation.--The term ``Reservation'' means the Quileute Indian Reservation, located on the Olympic Peninsula in the State of Washington. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Quileute Indian Tribe in the State of Washington. (b) Findings and Purpose.-- (1) Findings.--Congress finds that-- (A) the Reservation is located on the western coast of the Olympic Peninsula in the State of Washington, bordered by the Pacific Ocean to the west and the Park on the north, south, and east; (B) most of the Reservation village of La Push is located within the coastal flood plain, with the Tribe's administrative buildings, school, elder center, and housing all located in a tsunami zone; (C) for many decades, the Tribe and the Park have had a dispute over the Reservation boundaries along the Quillayute River; (D) in recent years, this dispute has intensified as the Tribe has faced an urgent need for additional lands for housing, schools, and other Tribe purposes outside the tsunami and Quillayute River flood zones; and (E) the lack of a settlement of this dispute threatens to adversely impact the public's existing and future recreational use of several attractions in the Park that are accessed by the public's use of Reservation lands. (2) Purposes.--The purposes of this Act are-- (A) to resolve the longstanding dispute along portions of the northern boundary of the Quileute Indian Reservation; (B) to clarify public use and access to Olympic National Park lands that are contiguous to the Reservation; (C) to provide the Quileute Indian Tribe with approximately 275 acres of land currently located within the Park and approximately 510 acres of land along the Quillayute River, also within the Park; (D) to adjust the wilderness boundaries to provide the Quileute Indian Tribe Tsunami and flood protection; and (E) through the land conveyance, to grant the Tribe access to land outside of tsunami and Quillayute River flood zones, and link existing Reservation land with Tribe land to the east of the Park. (c) Redesignation of Federal Wilderness Land, Olympic National Park Conveyance.-- (1) Redesignation of wilderness.--Certain Federal land in the Park that was designated as part of the Olympic Wilderness under title I of the Washington Park Wilderness Act of 1988 (Public Law 100-668; 102 Stat. 3961; 16 U.S.C. 1132 note) and comprises approximately 222 acres, as generally depicted on the Map is hereby no longer designated as wilderness, and is no longer a component of the National Wilderness Preservation System under the Wilderness Act (16 U.S.C. 1131 et seq.). (2) Lands to be held in trust.--All right, title, and interest of the United States in and to the approximately 510 acres generally depicted on the Map as ``Northern Lands'', and the approximately 275 acres generally depicted on the Map as ``Southern Lands'', are declared to be held in trust by the United States for the benefit of the Tribe without any further action by the Secretary. (3) Boundary adjustment; survey.--The Secretary shall-- (A) adjust the boundaries of Olympic Wilderness and the Park to reflect the change in status of Federal lands under paragraph (2); and (B) as soon as practicable after the date of enactment of this section, conduct a survey, defining the boundaries of the Reservation and Park, and of the Federal lands taken into and held in trust that are adjacent to the north and south bank of the Quillayute River as depicted on the Map as ``Northern Lands''. (4) Law applicable to certain land.--The land taken into trust under this subsection shall not be subject to any requirements for valuation, appraisal, or equalization under any Federal law. (d) Non-Federal Land Conveyance.--Upon completion and acceptance of an environmental hazard assessment, the Secretary shall take into trust for the benefit of the Tribe certain non-Federal land owned by the Tribe, consisting of approximately 184 acres, as depicted on the Map as ``Eastern Lands'', such non-Federal land shall be designated as part of the Reservation. (e) Map Requirements.-- (1) Availability of initial map.--The Secretary shall make the Map available for public inspection in appropriate offices of the National Park Service. The Map shall also depict any non-Federal land currently owned by the Tribe which is being placed in trust under this section. (2) Revised map.--Not later than one year after the date of the land transaction in subsections (d) and (e), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and Committee on Natural Resources of the House of Representatives a revised map that depicts-- (A) the Federal and non-Federal land taken into trust under this section and the Second Beach Trail; and (B) the actual boundaries of the Park as modified by the land conveyance. (f) Jurisdiction.--The land conveyed to the Tribe by this section shall be designated as part of the Quileute Reservation and placed in the following jurisdictions: (1) Trust land.--The same Federal, State, and Tribe jurisdiction as on all other trust lands within the Reservation, so long as the exercise of such jurisdiction does not conflict with the terms of the easement described in subsection (g) below. (2) Tribe jurisdiction.--Park visitors shall remain subject to the jurisdiction of the Tribe while on the Second Beach parking lot, on those portions of the Second Beach Trail on the Reservation, and Rialto Spit, to the same extent that such visitors are subject to the Tribe's jurisdiction elsewhere on the Reservation. (g) Grant of Easement in Connection With Land Conveyance.-- (1) Easement required.--The conveyances under subsection (c)(2) shall be subject to the conditions described in this subsection. (2) Required rights under easement.--Any easement granted under this subsection must contain the following express terms: (A) No impact on existing rights.--An easement shall not limit the Tribe's treaty rights or other existing rights. (B) Retention of rights.--The Tribe retains the right to enforce its rules against visitors for disorderly conduct, drug and alcohol use, use or possession of firearms, and other disruptive behaviors. (C) Monitoring of easement conditions.--The Park has the right, with prior notice to the Tribe, to access lands conveyed to the Tribe for purposes of monitoring compliance with any easement made under this subsection. (3) Exemption for subsection (d) land.--The non-Federal land owned by the Tribe and being placed into trust by the Secretary in accordance with subsection (d) shall not be included in, or subject to, any easement or condition specified in this subsection. (4) Required terms and conditions.--The following specified land areas shall be subject to the following easement conditions: (A) Conditions on northern land.--Certain land that will be added to the northern boundary of the Reservation by the land conveyance, from Rialto Beach to the east line of Section 23, shall be subject to an easement, which shall contain the following requirements: (i) The Tribe may lease or encumber the land, consistent with their status as trust lands, provided that the Tribe expressly subjects the conveyance or authorized use to the terms of the easement. (ii) The Tribe may place temporary, seasonal camps on the land, but shall not place or construct commercial residential, industrial, or other permanent buildings or structures. (iii) Roads on the land on the date of enactment of this Act may be maintained or improved, but no major improvements or road construction may occur, and any road improvements, temporary camps, or other uses of these lands shall not interfere with its use as a natural wildlife corridor. (iv) The Tribe may authorize Tribe members and third parties to engage in recreational, ceremonial, or treaty uses of the land provided that the Tribe adopts and enforces regulations permanently prohibiting the use of firearms in the Thunder Field area, and any areas south of the Quillayute River as depicted on the Map. (v) The Tribe may exercise its sovereign right to fish and gather along the Quillayute River in the Thunder Field area. (vi) The Tribe may, consistent with any applicable Federal law, engage in activities reasonably related to the restoration and protection of the Quillayute River and its tributaries and streams, weed control, fish and wildlife habitat improvement, Quillayute River or streambank stabilization, and flood control. The Tribe and the Park shall conduct joint planning and coordination for Quillayute River restoration projects, including streambank stabilization and flood control. (vii) Park officials and visitors shall have access to engage in activities along and in the Quillayute River and Dickey River that are consistent with past recreational uses, and the Tribe shall allow the public to use and access the Dickey River, and Quillayute River along the north bank, regardless of future changes in the Quillayute River or Dickey River alignment. (viii) Park officials and visitors shall have access to, and shall be allowed to engage in, activities on Tribal lands at Rialto Spit that are consistent with past recreational uses, and the Tribe shall have access to Park lands at Rialto Beach so that the Tribe may access and use the jetty at Rialto Beach. (B) Conditions on second beach trail and access.--Certain Quileute Reservation land along the boundary between the Park and the southern portion of the Reservation, encompassing the Second Beach trailhead, parking area, and Second Beach Trail, shall be subject to a conservation and management easement, as well as any other necessary agreements, which shall implement the following provisions: (i) The Tribe shall allow Park officials and visitors to park motor vehicles at the Trail parking area existing on the date of enactment of this Act and to access the portion of the Trail located on Tribal lands, and the Park shall be responsible for the costs of maintaining existing parking access to the Trail. (ii) The Tribe shall grant Park officials and visitors the right to peacefully use and maintain the portion of the Trail that is on Tribal lands, and the Park shall be responsible for maintaining the Trail and shall seek advance written approval from the Tribe before undertaking any major Trail repairs. (iii) The Park officials and the Tribe shall conduct joint planning and coordination regarding any proposed relocation of the Second Beach trailhead, the parking lot, or other portions of the Trail. (iv) The Tribe shall avoid altering the forested landscape of the Tribe-owned headlands between First and Second Beach in a manner that would adversely impact or diminish the aesthetic and natural experience of users of the Trail. (v) The Tribe shall reserve the right to make improvements or undertake activities at the Second Beach headlands that are reasonably related to enhancing fish habitat, improving or maintaining the Tribe's hatchery program, or alterations that are reasonably related to the protection of the health and safety of Tribe members and the general public. (vi) The Park officials, after consultation with the Tribe, may remove hazardous or fallen trees on the Tribal- owned Second Beach headlands to the extent necessary to clear or safeguard the Trail, provided that such trees are not removed from Tribal lands. (vii) The Park officials and the Tribe shall negotiate an agreement for the design, location, construction, and maintenance of a gathering structure in the Second Beach headlands overlook for the benefit of Park visitors and the Tribe, if such a structure is proposed to be built. (C) Southern lands exempt.--All other land conveyed to the Tribe along the southern boundary of the Reservation under this section shall not be subject to any easements or conditions, and the natural conditions of such land may be altered to allow for the relocation of Tribe members and structures outside the tsunami and Quillayute River flood zones. (D) Protection of infrastructure.--Nothing in this Act is intended to require the modification of the parklands and resources adjacent to the transferred Federal lands. The Tribe shall be responsible for developing its lands in a manner that reasonably protects its property and facilities from adjacent parklands by locating buildings and facilities an adequate distance from parklands to prevent damage to these facilities from such threats as hazardous trees and wildfire. (h) Effect of Land Conveyance on Claims.-- (1) Claims extinguished.--Upon the date of the land conveyances under subsections (d) and (e) and the placement of conveyed lands into trust for the benefit of the Tribe, any claims of the Tribe against the United States, the Secretary, or the Park relating to the Park's past or present ownership, entry, use, surveys, or other activities are deemed fully satisfied and extinguished upon a formal Tribal Council resolution, including claims related to the following: (A) Land along quillayute river.--The lands along the sections of the Quillayute River, starting east of the existing Rialto Beach parking lot to the east line of Section 22. (B) Second beach.--The portions of the Federal or Tribal lands near Second Beach. (C) Southern boundary portions.--Portions of the Federal or Tribal lands on the southern boundary of the Reservation. (2) Rialto beach.--Nothing in this section shall create or extinguish claims of the Tribe relating to Rialto Beach. (i) Gaming Prohibition.--No land taken into trust for the benefit of the Tribe under this Act shall be considered Indian lands for the purpose of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Removes certain federal land within Olympic National Park, Washington, that is designated as part of the Olympic Wilderness from inclusion in the National Wilderness Preservation System. Takes specified federal land within the Park into trust for the Quileute Indian Tribe. Requires the Secretary of the Interior to take specified nonfederal land owned by the Tribe into trust for the Tribe, upon completion and acceptance of an environmental hazard assessment. Includes those lands taken into trust for the Tribe in the Quileute Indian Reservation. Subjects portions of the federal land conveyed to the Tribe to easements and conditions that preserve the natural condition of the land and provide the public with recreational access to the land and Park. Exempts land conveyed to the Tribe along the southern boundary of the Reservation from any easements or conditions. Allows that land to be altered to allow for the relocation of Tribe members and structures outside the tsunami and Quillayute River flood zones. Extinguishes the Tribe's claims against the United States relating to the Park's past or present ownership, entry, use, surveys, or other activities upon the taking of the lands into trust for the Tribe and a formal Tribal Council resolution. Prohibits gaming on lands taken into trust for the Tribe pursuant to this Act."}
{"article": "SECTION 1. AUTHORIZATION OF FISCAL YEAR 2010 MAJOR MEDICAL FACILITY PROJECTS. The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2010, with each project to be carried out in the amount specified for each project: (1) Construction (including acquisition of land) for the realignment of services and closure projects at the Department of Veterans Affairs Medical Center in Livermore, California, in an amount not to exceed $55,430,000. (2) Construction of a Multi-Specialty Care Facility in Walla Walla, Washington, in an amount not to exceed $71,400,00. (3) Construction (including acquisition of land) for a new medical facility at the Department of Veterans Affairs Medical Center in Louisville, Kentucky, in an amount not to exceed $75,000,000. SEC. 2. ADDITIONAL AUTHORIZATION FOR FISCAL YEAR 2010 MAJOR MEDICAL FACILITY CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED. The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2010: (1) Replacement of the existing Department of Veterans Affairs Medical Center in Denver, Colorado, in an amount not to exceed $800,000,000. (2) Construction of Outpatient and Inpatient Improvements in Bay Pines, Florida, in an amount not to exceed $194,400,000. SEC. 3. AUTHORIZATION OF FISCAL YEAR 2010 MAJOR MEDICAL FACILITY LEASES. The Secretary of Veterans Affairs may carry out the following fiscal year 2010 major medical facility leases at the locations specified, in an amount not to exceed the amount shown for that location: (1) Anderson, South Carolina, Outpatient Clinic, in an amount not to exceed $4,774,000. (2) Atlanta, Georgia, Specialty Care Clinic, in an amount not to exceed $5,172,000. (3) Bakersfield, California, Community Based Outpatient Clinic, in an amount not to exceed $3,464,000. (4) Birmingham, Alabama, Annex Clinic and Parking Garage, in an amount not to exceed $6,279,000. (5) Butler, Pennsylvania, Health Care Center, in an amount not to exceed $16,482,000. (6) Charlotte, North Carolina, Health Care Center, in an amount not to exceed $30,457,000. (7) Fayetteville, North Carolina, Health Care Center, in an amount not to exceed $23,487,000. (8) Huntsville, Alabama, Outpatient Clinic Expansion, in an amount not to exceed $4,374,000. (9) Kansas City, Kansas, Community Based Outpatient Clinic, in an amount not to exceed $4,418,000. (10) Loma Linda, California, Health Care Center, in an amount not to exceed $31,154,000 (11) McAllen, Texas, Outpatient Clinic, in an amount not to exceed $4,444,000. (12) Monterey, California, Health Care Center, in an amount not to exceed $11,628,000. (13) Montgomery, Alabama, Health Care Center, in an amount not to exceed $9,943,000. (14) Tallahassee, Florida, Outpatient Clinic, in an amount not to exceed $13,165,000. (15) Winston-Salem, North Carolina, Health Care Center, in an amount not to exceed $26,986,000. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations for Construction.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2010 or the year in which funds are appropriated for the Construction, Major Projects, account-- (1) $201,830,000 for the projects authorized in section 1; and (2) $994,400,000 for the projects authorized in section 2. (b) Authorization of Appropriations for Medical Facility Leases.-- There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2010 or the year in which funds are appropriated for the Medical Facilities account $196,227,000 for the leases authorized in section 3. (c) Limitation.--The projects authorized in sections 1 and 2 may only be carried out using-- (1) funds appropriated for fiscal year 2010 pursuant to the authorization of appropriations in subsection (a) of this section; (2) funds available for Construction, Major Projects, for a fiscal year before fiscal year 2010 that remain available for obligation; (3) funds available for Construction, Major Projects, for a fiscal year after fiscal year 2010 that remain available for obligation; (4) funds appropriated for Construction, Major Projects, for fiscal year 2010 for a category of activity not specific to a project; (5) funds appropriated for Construction, Major Projects, for a fiscal year before 2010 for a category of activity not specific to a project; and (6) funds appropriated for Construction, Major Projects, for a fiscal year after 2010 for a category of activity not specific to a project.", "summary": "Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects (projects) in FY2010 in: (1) Livermore, California; (2) Walla Walla, Washington; and (3) Louisville, Kentucky. Authorizes the Secretary to carry out projects in FY2010, as previously authorized, for Department of Veterans Affairs (VA) medical centers in Denver, Colorado, and Bay Pines, Florida. Authorizes the Secretary to carry out specified major medical facility leases (leases) in Alabama, California, Florida, Georgia, Kansas, North Carolina, Pennsylvania, South Carolina, and Texas. Authorizes appropriations for projects and leases authorized under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Poisoning Reduction Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) the number of children suffering from lead poisoning remains unacceptably high; (2) children younger than 6 years of age are much more likely to suffer the devastating effects of lead poisoning; (3) the health of children may be impacted at lower levels of lead exposure than previously thought; (4) lead poisoning can lead to organ damage, as well as serious developmental, learning, and behavioral problems in children; (5) owners and managers of childcare and pre-school facilities constructed before 1978 need guidance with respect to protecting children of the United States from exposure to lead; and (6) the Administrator of the Environmental Protection Agency has the authority, but, as of the date of enactment of this Act, has elected not, to promulgate regulations pursuant to section 402 of the Toxic Substances Control Act (15 U.S.C. 2682) to reduce lead exposure in child-occupied facilities. SEC. 3. LEAD ASSESSMENT IN CHILD-OCCUPIED FACILITIES. Section 402 of the Toxic Substances Control Act (15 U.S.C. 2682) is amended by adding at the end the following: ``(d) Child-Occupied Facilities.-- ``(1) Definitions.--In this subsection: ``(A) Child-occupied facility.-- ``(i) In general.--The term `child-occupied facility' means a facility described in clause (ii) that was constructed before January 1, 1978, and that is visited regularly by a child of not more than 6 years old for at least 2 days within any week for not less than-- ``(I) 3 hours each visit; ``(II) 6 hours each week; and ``(III) 60 hours each calendar year. ``(ii) Description of facility.--A facility referred to in clause (i) is-- ``(I) a childcare center; ``(II) a pre-school or kindergarten classroom; or ``(III) except as provided in clause (iii), any other facility (including a facility used for a Head Start program or a similar program) at which a childcare provider receives compensation or a subsidy for services provided. ``(iii) Exclusion.--The term `child- occupied facility' does not include a home- based childcare facility. ``(B) Exposure pathway.--The term `exposure pathway' includes, with respect to lead-- ``(i) lead-based paint and lead-based paint hazards; and ``(ii) lead contained in-- ``(I) drinking water plumbing and fixtures; ``(II) furniture, fixtures, and playground equipment; and ``(III) products used by or for children. ``(C) Home-based childcare facility.--The term `home-based childcare facility' means an owner-occupied or rental housing unit-- ``(i) at which 1 or more individuals reside; and ``(ii) that meets the requirements under clauses (i) and (ii) of subparagraph (A) for a child-occupied facility. ``(D) Select group.--The term `Select Group' means the Select Group on Lead Exposure established by paragraph (2)(A). ``(2) Select group on lead exposure.-- ``(A) Establishment.--There is established a Select Group on Lead Exposure, to be composed of-- ``(i) the Secretary of Education (or a designee); ``(ii) the Director of the Centers for Disease Control and Prevention (or a designee); ``(iii) the Director of the National Institute of Environmental Health Science (or a designee); ``(iv) the Assistant Secretary of the Administration for Children and Families (or a designee); ``(v) the Director of the National Institute of Child Health and Human Development (or a designee); and ``(vi) the head of any other Federal agency (or a designee), as the Administrator determines to be appropriate. ``(B) Duties.--The Select Group shall advise the Administrator on actions necessary to carry out this subsection and related activities. ``(C) Compensation of members.--A member of the Select Group shall serve without compensation. ``(D) Travel expenses.--A member of the Select Group shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Select Group. ``(3) Baseline standards and model program.-- ``(A) Study.--Not later than 180 days after the date of enactment of this subsection, the Select Group shall conduct a study of State, tribal, and local programs the purpose of which is to protect children from exposure to lead at child-occupied facilities. ``(B) Standards and program.-- ``(i) Development.--Not later than 1 year after the date of enactment of this subsection, the Select Group shall develop-- ``(I) baseline standards with which a State, tribal, or local program described in subparagraph (A) shall comply to be eligible to receive a grant under paragraph (4); and ``(II) a model program to protect children from exposure to lead at child-occupied facilities that can be adopted for use by State, tribal, and local governments. ``(ii) Factors for consideration.--In developing the baseline standards and model program under clause (i), the Select Group shall take into consideration-- ``(I) the results of the study under subparagraph (A); ``(II) regulations promulgated pursuant to subsection (a) (including the process of promulgating the regulations); and ``(III) guidance for childcare providers produced by agencies and other groups, including-- ``(aa) any member of the Select Group; ``(bb) the American Academy of Pediatrics; ``(cc) the American Public Health Association; and ``(dd) the National Center for Healthy Housing. ``(iii) Requirements.-- ``(I) Baseline standards.--The baseline standards developed under clause (i)(I) shall include guidelines for-- ``(aa) assessing child- occupied facilities for the identification and remediation of exposure pathways; and ``(bb) informing children and families that visit child- occupied facilities of the exposure pathways and related hazards. ``(II) Model program.--The model program developed under clause (i)(II) shall meet or exceed such applicable standards (including the baseline standards under clause (i)(I)) as the Administrator may establish with respect to grant programs carried out by the Administrator, including standards requiring that-- ``(aa) each appropriate child-occupied facility shall be provided a notice as soon as practicable after a child served by the child-occupied facility is diagnosed with lead poisoning, subject to such guidelines as the Select Group determines to be necessary to ensure the protection of privileged medical information; and ``(bb) on receiving a notification under item (aa), a child-occupied facility that has not been tested for the presence of lead in exposure pathways shall be so tested. ``(4) Grant program.-- ``(A) Definition of eligible facility.-- ``(i) In general.--In this paragraph, the term `eligible facility' means a child-occupied facility that participates in a State, tribal, or local program-- ``(I) the purpose of which is to protect children from exposure to lead at child-occupied facilities; and ``(II) that-- ``(aa) is based on the model program developed under paragraph (3)(B)(i)(II); or ``(bb) otherwise meets the baseline standards developed under paragraph (3)(B)(i)(I). ``(ii) Exclusion.--The term `eligible facility' does not include a home-based childcare facility. ``(B) Establishment.--Not later than 1 year after, but in no case before, the date of development of baseline standards and the model program under paragraph (3), the Administrator, in consultation with the Select Group, shall establish a program under which the Administrator shall provide grants to eligible facilities to assist the eligible facilities in carrying out activities to protect children from exposure to lead at eligible facilities. ``(C) Application.--To be eligible to receive a grant under this paragraph, an eligible facility shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator, in consultation with the Select Group, may require. ``(D) Cost sharing.-- ``(i) In general.--The non-Federal share of the cost of an activity funded by a grant under this paragraph shall be 20 percent. ``(ii) Provision.--The non-Federal share under clause (i)-- ``(I) may be provided using State, tribal, and local government funds and private funds; and ``(II) shall not be provided using funds appropriated pursuant to any Federal program. ``(E) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $42,600,000 for the period of fiscal years 2007 through 2011. ``(5) Regulations.-- ``(A) Testing.--Not later than 18 months after the date of enactment of this subsection, the Administrator shall promulgate regulations requiring that-- ``(i) child-occupied facilities placed into service after that date shall test each applicable exposure pathway for the presence of lead; and ``(ii) no State or Indian tribe shall issue to a child-occupied facility described in clause (i) a license until-- ``(I) the testing required under clause (i) is completed; and ``(II) the exposure to lead, if any, in each applicable exposure pathway is eliminated. ``(B) Elimination of risk.-- ``(i) In general.--Not later than 3 years after the date of enactment of this subsection, the Administrator shall promulgate proposed regulations requiring all child-occupied facilities to eliminate the risk of exposure to lead through applicable exposure pathways. ``(ii) Finalization and effective date.-- The proposed regulations under clause (i)-- ``(I) shall be finalized by the Administrator not later than 4 years after the date of enactment of this subsection; and ``(II) shall take effect not later than 5 years after the date of enactment of this subsection. ``(6) Contractors engaged in renovation, remodeling, and painting of child-occupied facilities.--Not later than 18 months after the date of enactment of this subsection, the Administrator, in consultation with the Select Group, shall-- ``(A) apply regulations promulgated pursuant to subsection (c)(3) to contractors and other workers engaged in the renovation, remodeling, or painting of child-occupied facilities; and ``(B) establish a program to provide information, training, and materials concerning those activities to the contractors and workers. ``(7) Report to congress.--Not later than 3 years after the date of enactment of this subsection, the Administrator, in consultation with the Select Group, shall submit to Congress a report containing-- ``(A) a list of States and Indian tribes carrying out programs to protect children from exposure to lead at child-occupied facilities that meet the baseline standards developed under paragraph (3)(B)(i)(I) (including by adopting the model program developed under paragraph (3)(B)(i)(II)); ``(B) the number of child-occupied facilities that received grants under paragraph (4) during the preceding 3-year period; and ``(C) recommendations for additional Federal funds and resources, if any, required to ensure the protection of children from exposure to lead at child- occupied facilities.''.", "summary": "Lead Poisoning Reduction Act of 2006 - Amends the Toxic Substances Control Act to establish a Select Group on Lead Exposure. Requires the Group to: (1) conduct a study of state, tribal, and local programs to protect children from exposure to lead at child-occupied facilities constructed before January 1, 1978; (2) develop baseline standards such programs must meet to receive a grant under this Act; and (3) develop a model program to protect children from exposure to lead at such facilities that can be adopted by state, local, and tribal governments. Requires the model program to meet or exceed standards that require facilities to be notified as soon as practicable after a child is diagnosed with lead poisoning and to be tested for the presence of lead upon receiving such notification. Directs the Administrator to: (1) establish a program to provide grants to assist such facilitites in carrying out activities to protect children from lead exposure; (2) promulgate regulations requiring such facilities to test applicable exposure pathways for lead, prohibiting states and Indian tribes from issuing a license to such facilities until the testing is complete and the exposure to lead is eliminated, and requiring all child-occupied facilities to eliminate the risk of exposure to lead through applicable exposure pathways; and (3) apply regulations governing lead-based paint activities to contractors and workers engaged in the renovation, remodeling, or painting of such facilitates and to establish a program to provide information and training about those activities to them."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``The Espionage Statutes Modernization Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) As of 2010, the statutory framework with respect to the espionage statutes is a compilation of statutes that began with Act of June 15, 1917 (40 Stat. 217, chapter 30) (commonly known as the ``Espionage Act of 1917''), which targeted classic espionage cases involving persons working on behalf of foreign nations. (2) The statutory framework was formed at a time when intelligence and national security information existed primarily in a tangible form, such as blueprints, photographs, maps, and other documents. (3) Since 1917, the United States has witnessed dramatic changes in intelligence and national security information, including technological advances that have revolutionized information gathering abilities as well as the mediums used to communicate such information. (4) Some of the terms used in the espionage statutes are obsolete and the statutes do not fully take into account the classification levels that apply to national security information in the 21st century. (5) In addition, the statutory framework was originally designed to address classic espionage cases involving persons working on behalf of foreign nations. However, the national security of the United States could be harmed, and lives may be put at risk, when a Government officer, employee, contractor, or consultant with access to classified information makes an unauthorized disclosure of the classified information, irrespective of whether the Government officer, employee, contractor, or consultant intended to aid a foreign nation or harm the United States. (6) Federal whistleblower protection statutes and regulations that enable Government officers, employees, contractors, and consultants to report unlawful and improper conduct are appropriate mechanisms for reporting such conduct. (7) Congress can deter unauthorized disclosures of classified information and thereby protect the national security by-- (A) enacting laws that improve, modernize, and clarify the espionage statutes and make the espionage statutes more relevant and effective in the 21st century in the prosecution of persons working on behalf of foreign powers; (B) promoting Federal whistleblower protection statutes and regulations to enable Government officers, employees, contractors, or consultants to report unlawful and improper conduct; and (C) enacting laws that separately punish the unauthorized disclosure of classified information by Government officers, employees, contractors, or consultants who knowingly and intentionally violate a classified information nondisclosure agreement, irrespective of whether the officers, employees, contractors, or consultants intend to aid a foreign power or harm the United States. SEC. 3. CRIMES. (a) In General.--Chapter 37 of title 18, United States Code, is amended-- (1) in section 793-- (A) in the section heading, by striking ``or losing defense information'' and inserting ``or, losing national security information''; (B) by striking ``the national defense'' each place it appears and inserting ``national security''; (C) by striking ``foreign nation'' each place it appears and inserting ``foreign power''; (D) in subsection (b), by inserting ``classified information, or other'' before ``sketch''; (E) in subsection (c), by inserting ``classified information, or other'' before ``document''; (F) in subsection (d), by inserting ``classified information, or other'' before ``document''; (G) in subsection (e), by inserting ``classified information, or other'' before ``document''; (H) in subsection (f), by inserting ``classified information,'' before ``document''; and (I) in subsection (h)(1), by striking ``foreign government'' and inserting ``foreign power''; (2) in section 794-- (A) in the section heading, by striking ``Gathering'' and all that follows and inserting ``Gathering or delivering national security information to aid foreign powers''; and (B) in subsection (a)-- (i) by striking ``foreign nation'' and inserting ``foreign power''; (ii) by striking ``foreign government'' and inserting ``foreign power''; (iii) by inserting ``classified information,'' before ``document''; (iv) by striking ``the national defense'' and inserting ``national security''; and (v) by striking ``(as defined in section 101(a) of the Foreign Intelligence Surveillance Act of 1978)''; (3) in section 795(a), by striking ``national defense'' and inserting ``national security''; (4) in section 798-- (A) in subsection (a), by striking ``foreign government'' each place it appears and inserting ``foreign power''; and (B) in subsection (b)-- (i) by striking the first undesignated paragraph (relating to the term ``classified information''); and (ii) by striking the third undesignated paragraph (relating to the term ``foreign government''); and (5) by adding at the end the following: ``Sec. 800. Definitions ``In this chapter-- ``(1) the term `classified information' has the meaning given the term in section 1 of the Classified Information Procedures Act (18 U.S.C. App.); ``(2) the term `foreign power' has the meaning given the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); and ``(3) the term `national security' has the meaning given the term in section 1 of the Classified Information Procedures Act (18 U.S.C. App.).''. (b) Technical and Conforming Amendment.--The table of section for chapter 37 of title 18, United States Code, is amended-- (1) by striking the item relating to section 793 and inserting the following: ``793. Gathering, transmitting, or losing national security information.''; (2) by striking the item relating to section 794 and inserting the following: ``794. Gathering or delivering national security information to aid foreign powers.''; and (3) by adding at the end the following: ``800. Definitions.''. SEC. 4. VIOLATION OF CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT. (a) In General.--Chapter 93 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1925. Violation of classified information nondisclosure agreement ``(a) Definitions.--In this section-- ``(1) the term `classified information' has the meaning given the term in section 1 of the Classified Information Procedures Act (18 U.S.C. App.); and ``(2) the term `covered individual' means an officer, employee, contractor, or consultant of an agency of the Federal Government who, by virtue of the office, employment, position, or contract held by the individual, knowingly and intentionally agrees to be legally bound by the terms of a classified information nondisclosure agreement. ``(b) Offense.-- ``(1) In general.--Except as otherwise provided in this section, it shall be unlawful for a covered individual to intentionally disclose, deliver, communicate, or transmit classified information, without the authorization of the head of the Federal agency, or an authorized designee, knowing or having reason to know that the disclosure, delivery, communication, or transmission of the classified information is a violation of the terms of the classified information nondisclosure agreement entered by the covered individual. ``(2) Penalty.--A covered individual who violates paragraph (1) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(c) Whistleblower Protection.--The disclosure, delivery, communication, or transmission of classified information by a covered individual in accordance with a Federal whistleblower protection statute or regulation applicable to the Federal agency of which the covered individual is an officer, employee, contractor, or consultant shall not be a violation of subsection (b)(1). ``(d) Rebuttable Presumption.--For purposes of this section, there shall be a rebuttable presumption that information has been properly classified if the information has been marked as classified information in accordance with Executive Order 12958 (60 Fed. Reg. 19825) or a successor or predecessor to the order. ``(e) Defense of Improper Classification.--The disclosure, delivery, communication, or transmission of classified information by a covered individual shall not violate subsection (b)(1) if the covered individual proves by clear and convincing evidence that at the time the information was originally classified, no reasonable person with original classification authority under Executive Order 13292 (68 Fed. Reg. 15315), or any successor order, could have identified or described any damage to national security that reasonably could be expected to be caused by the unauthorized disclosure of the information. ``(f) Extraterritorial Jurisdiction.--There is jurisdiction over an offense under this section if-- ``(1) the offense occurs in whole or in part within the United States; ``(2) regardless of where the offense is committed, the alleged offender is-- ``(A) a national of the United States (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); ``(B) an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); or ``(C) a stateless person whose habitual residence is in the United States; ``(3) after the offense occurs, the offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States; or ``(4) an offender aids or abets or conspires with any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (b)(1).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 93 of title 18, United States Code, is amended by adding at the end the following: ``1925. Violation of classified information nondisclosure agreement.''. SEC. 5. DIRECTIVE TO SENTENCING COMMISSION. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission, shall review and, if appropriate, amend the Federal Sentencing Guidelines and policy statements applicable to a person convicted of an offense under section 1925 of title 18, United States Code, as added by this Act. (b) Considerations.--In carrying out this section, the Sentencing Commission shall ensure that the sentencing guidelines account for all relevant conduct, including-- (1) multiple instances of unauthorized disclosure, delivery, communication, or transmission of the classified information; (2) the volume of the classified information that was disclosed, delivered, communicated, or transmitted; (3) the classification level of the classified information; (4) the harm to the national security of the United States that reasonably could be expected to be caused by the disclosure, delivery, communication, or transmission of the classified information; and (5) the nature and manner in which the classified information was disclosed, delivered, communicated, or transmitted.", "summary": "Espionage Statutes Modernization Act of 2010 - Amends the federal criminal code to impose a fine and/or prison term of up to five years on a covered individual who intentionally discloses, delivers, communicates, or transmits classified information, without authorization, knowing or having reason to know that such action is a violation of the terms of the classified information nondisclosure agreement entered into by such individual. Defines \"covered individual\" as an officer, employee, contractor, or consultant of a federal agency who agrees to be legally bound by the terms of a classified information nondisclosure agreement. Exempts from such prohibition disclosures made in accordance with a federal whistleblower protection statute or regulation. Directs the United States Sentencing Commission to review and, if appropriate, amend federal sentencing guidelines and policy statements applicable to a person convicted of an offense under this Act."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Cut Taxes for the Middle Class Act of 2014''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--STATE AND LOCAL SALES TAX DEDUCTION Sec. 101. Extension of deduction of State and local general sales taxes. TITLE II--PROVISIONS RELATING TO EDUCATION TAX BENEFITS Sec. 201. Extension of above-the-line deduction for qualified tuition and related expenses. Sec. 202. Extension of deduction for certain expenses of elementary and secondary school teachers. TITLE III--PROVISIONS RELATING TO MEMBERS OF THE ARMED FORCES Sec. 301. Extension of housing allowance exclusion for determining area median gross income for low-income housing credit and qualified residential rental project exempt facility bonds. Sec. 302. Extension of employer wage credit for employees who are active duty members of the uniformed services. TITLE IV--PROVISIONS RELATING TO BUSINESSES Sec. 401. Extension of work opportunity tax credit. Sec. 402. Extension of new markets tax credit. Sec. 403. Extension and modification of research credit. TITLE I--STATE AND LOCAL SALES TAX DEDUCTION SEC. 101. EXTENSION OF DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES. (a) In General.--Subparagraph (I) of section 164(b)(5) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. TITLE II--PROVISIONS RELATING TO EDUCATION TAX BENEFITS SEC. 201. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES. (a) In General.--Subsection (e) of section 222 of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 202. EXTENSION OF DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Subparagraph (D) of section 62(a)(2) of the Internal Revenue Code of 1986 is amended by striking ``or 2013'' and inserting ``2013, or 2014''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. TITLE III--PROVISIONS RELATING TO MEMBERS OF THE ARMED FORCES SEC. 301. EXTENSION OF HOUSING ALLOWANCE EXCLUSION FOR DETERMINING AREA MEDIAN GROSS INCOME FOR LOW-INCOME HOUSING CREDIT AND QUALIFIED RESIDENTIAL RENTAL PROJECT EXEMPT FACILITY BONDS. (a) In General.--Subsection (b) of section 3005 of the Housing Assistance Tax Act of 2008 is amended by striking ``January 1, 2014'' each place it appears and inserting ``January 1, 2015''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of section 3005 of the Housing Assistance Tax Act of 2008. SEC. 302. EXTENSION OF EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE DUTY MEMBERS OF THE UNIFORMED SERVICES. (a) In General.--Subsection (f) of section 45P of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (b) Effective Date.--The amendment made by this section shall apply to payments made after December 31, 2013. TITLE IV--PROVISIONS RELATING TO BUSINESSES SEC. 401. EXTENSION OF WORK OPPORTUNITY TAX CREDIT. (a) In General.--Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013. SEC. 402. EXTENSION OF NEW MARKETS TAX CREDIT. (a) In General.--Subparagraph (G) of section 45D(f)(1) of the Internal Revenue Code of 1986 is amended by striking ``and 2013'' and inserting ``2013, and 2014''. (b) Carryover of Unused Limitation.--Paragraph (3) of section 45D(f) of such Code is amended by striking ``2018'' and inserting ``2019''. (c) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2013. SEC. 403. EXTENSION AND MODIFICATION OF RESEARCH CREDIT. (a) In General.--Subparagraph (B) of section 41(h)(1) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (b) Conforming Amendment.--Subparagraph (D) of section 45C(b)(1) of such Code is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2013.", "summary": "Cut Taxes for the Middle Class Act of 2014 - Amends the Internal Revenue Code to extend through 2014: (1) the tax deduction for state and local general sales taxes in lieu of state and local income taxes, (2) the tax deduction for qualified tuition and related expenses, (3) the tax deduction for expenses of elementary and secondary school teachers, (4) the tax credit for differential wage payments to employees who are active duty members of the Uniformed Services, (5) the work opportunity tax credit, (6) the new markets tax credit, and (7) the tax credit for increasing research activities. Amends the Housing Assistance Tax Act of 2008 to extend through 2014 the exemption of the basic military housing allowance from the income test for programs financed by tax-exempt housing bonds. "}
{"article": "SECTION 1. FINDINGS. Congress finds that the conveyance of the Properties described in section 4(b) to the Lessees of those Properties for fair market value would have the beneficial results of-- (1) reducing Pick-Sloan project debt for the Canyon Ferry Unit; (2) providing a permanent source of funding for projects that develop and maintain public recreation, and that conserve and enhance fish and wildlife opportunities in the State of Montana; (3) eliminating Federal payments in lieu of taxes and associated management expenditures in connection with the Government's ownership of the Properties while increasing local tax revenues from the new owners; and (4) eliminating expensive and contentious disputes between the Secretary and leaseholders while ensuring that the Federal Government receives full and fair value for the acquisition of the Properties. SEC. 2. PURPOSE. The purpose of this Act is to establish terms and conditions under which the Secretary of the Interior shall, for fair market value, convey certain Properties around Canyon Ferry Reservoir, Montana, to the Lessees of those Properties. SEC. 3. DEFINITIONS. In this Act: (1) CFRA.--The term ``CFRA'' means the Canyon Ferry Recreation Association, Incorporated, a Montana corporation. (2) Lessee.--The term ``Lessee'' means the leaseholder of 1 of the Properties described in section 4(b) on the date of enactment of this Act and the leaseholder's heirs, executors, and assigns of their leasehold interest. (3) Property.--The term ``Property'' means any 1 of the cabin sites described in section 4(b). (4) Properties.--The term ``Properties'' means all 265 of the cabin sites (and related parcels) described in section 4(b). (5) Purchaser.--The term ``Purchaser'' means a person or entity, excluding CFRA, that purchases the 265 Properties under section 4. (6) Reservoir.--The term ``Reservoir'' means the Canyon Ferry Reservoir in the State of Montana. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Trust.--The term ``Trust'' means the Canyon Ferry Lake Trust described in section 6. SEC. 4. SALE OF PROPERTIES. (a) In General.--Subject to subsection (c) and notwithstanding any other provision of law, the Secretary shall sell at fair market value-- (1) all right, title, and interest of the United States in and to all (but not fewer than all) of the Properties described in subsection (b), subject to valid existing rights; and (2) easements for-- (A) vehicular access to each Property; (B) access to and the use of 1 dock per Property; and (C) access to and the use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the leases as of the date of this Act. (b) Description of Properties.-- (1) In general.--The Properties to be conveyed are-- (A) the 265 cabin sites of the Bureau of Reclamation located along the northern portion of the Reservoir in portions of sections 2, 11, 12, 13, 15, 22, 23, and 26, Township 10 North, Range 1 West; plus (B) any small parcels contiguous to the Properties (not including shoreline land needed to provide public access to the shoreline of the Reservoir) that the Secretary determines should be conveyed in order to eliminate inholdings and facilitate administration of surrounding land remaining in Federal ownership. (2) Acreage; legal description.--The acreage and legal description, including any related parcels determined by the Secretary under (b)(1)(B) of this section, of each Property shall be agreed on by the Secretary and CFRA. (c) Purchase Process.-- (1) In general.--The Secretary shall-- (A) solicit sealed bids for the Properties; (B) subject to paragraph (2), sell the Properties to the bidder that submits the highest bid above the minimum bid determined under paragraph (2); and (C) no bid shall be accepted for less than all of the Properties in one bundle. (2) Minimum bid.--Before accepting bids, the Secretary, in consultation with CFRA, shall establish a minimum bid based on an appraisal of the fair market value of the Properties, exclusive of the value of private improvements made by the leaseholders before the date of the conveyance by means of an appraisal conducted in conformance with the Uniform Standards of Professional Appraisal Practice. (3) Right of first refusal.--If the highest bidder is other than CFRA, CFRA shall have the right to match the highest bid and purchase the Properties at a price equal to the amount of that bid. (d) Terms of Conveyance.-- (1) Purchaser to extend option to purchase or to continue leasing. (A) In general.--The Purchaser shall give each leaseholder of record of a Property conveyed under this section an option to purchase the Property at fair market value as determined in subsection (c)(2). (B) Nonpurchasing lessees.-- (i) Right to continue lease.--A Lessee that is unable or unwilling to purchase a Property shall be permitted to continue to lease the Property for fair market value rent under the same terms and conditions as the existing leases, including the right to renew the term of the existing lease for 2 consecutive 5-year terms. (ii) Compensation for improvements.--If a Lessee declines to purchase a Property, the Purchaser shall compensate the Lessee for the fair market value, as determined pursuant to customary appraisal procedures, of all improvements made to the Property. The Lessee may sell the improvements to Purchaser at any time, but the sale shall be completed by the final termination of the lease, after all renewals as provided in clause (i). (2) Historical use.--The Purchaser shall honor the existing Property descriptions and historical use restrictions for the leaseholds. (3) CFRA purchases.--If CFRA should be the highest bidder, or match the highest bid, it may convey to the Trust in lieu of money, the title to any Property where the Lessee is unable or unwilling to purchase their Property. (A) Continuation of leases.-- (i) In general.--A Lessee that is unable or unwilling to purchase a leasehold shall be permitted to continue to lease the Property pursuant to the terms and conditions of the lease, existing on the date of enactment of this Act, from the Trust. (ii) Rental payments.--All rents received during the continuation of a lease under clause (i) shall be paid to the Trust. (iii) Limitation on right to transfer lease.--Subject to valid existing rights, a Lessee may not sell or otherwise assign or transfer the leasehold without purchasing the Property from the Trust and conveying the fee interest in the Property. (B) Conveyances by trust.--All conveyances by the Trust shall be a fair market value as determined by a new appraisal, but in no event may the Trust convey any Property to Lessee for an amount less than the value established for the leasehold by the appraisal conducted pursuant to subparagraph (c)(2). (e) Administrative Costs.--Any reasonable administrative cost incurred by the Secretary incident to the conveyance under subsection (a) shall be reimbursed by the Purchaser or CFRA. (f) Timing.--The Secretary shall make every effort to complete the conveyance under subsection (a) not later than 1 year after the date of enactment of this Act. (g) Closing.--Real estate closings to complete the conveyance under subsection (a) may be staggered to facilitate the conveyance as agreed to by the Secretary and the Purchaser or CFRA. (h) Conveyance to Lessee.--Where the Lessee will purchase the Property from the Purchaser or CFRA, the Lessee may request the Secretary to have the conveyance documents prepared in the Lessee's name or names in order to minimize the time and documents required to complete the closing for each Property. (i) Costs.--The Lessee shall reimburse CFRA for a proportionate share of the costs to CFRA in completing the transactions contemplated by this Act, including any interest charges. (j) Costs.--The Lessee shall reimburse the Trust for a proportionate share of the costs to the Trust in completing the transactions contemplated by this Act, including any interest charges. In addition, the lessee shall reimburse the Trust for all costs, including the new appraisal, associated with conveying the Property from the Trust to the Lessee. SEC. 5. AGREEMENT. (a) Requirement To Negotiate.--The Secretary, acting through the Bureau of Reclamation, shall negotiate an agreement with the Broadwater County, Montana, Board of Commissioners to transfer management of the Silo's and White Earth recreation areas. The Secretary shall grant an easement for an access road to these recreation areas. (b) Assessment of Need for Harbor.--Not later than 6 months after the date of the enactment of this Act, the Secretary, acting through the Bureau of Reclamation, shall assess the need for creating a harbor adjacent to the eastern shore of the south half of the Reservoir. SEC. 6. USE OF PROCEEDS. (a) In General.--Proceeds of conveyances under this Act shall be available as follows: (1) 10 percent of the proceeds shall be applied by the Secretary of the Treasury to reduce the outstanding debt for the Pick-Sloan project at Canyon Ferry Reservoir. (2) 45 percent of the proceeds shall be deposited into a separate account in the Treasury and shall be available to the Secretary, subject to appropriations, for purchasing land or conservation easements in the State of Montana. (3) 45 percent of the proceeds shall be available without further appropriation to the Canyon Ferry Lake Trust established under subsection (b) for the purposes of enhancing recreation, fisheries, and conservation in and around the Reservoir. (b) In lieu of a cash contribution to the Trust under section 6(a)(3), CFRA may convey to the Trust the fee title for any Property not purchased by the Lessee. The value of each Property contribution under this paragraph shall be the fair market value of the Property under section 4 of this Act. (c) Canyon Ferry Lake Trust.--(1) There shall be established an entity to be known as the Canyon Ferry Lake Trust, the corpus of which shall initially include, at a minimum, the following funds: (A) One-third of amounts received by the Trust under (6)(a)(3) shall be made available by the Trust to Broadwater County, Montana, to improve access in the Broadwater County portion of the Reservoir. (B) Two-thirds of amounts received by the Trust under (6)(a)(3) shall be deposited into a permanent endowment that may be used in the following manner: (i) Fisheries improvement. (ii) Improvement of campgrounds. (iii) Lakeshore conservation, conservation easements, and public access to Canyon Ferry Reservoir and the watershed of the Missouri River from Canyon Ferry Dam to the confluence of the Madison, Jefferson, and Gallatin Rivers. (2) The Canyon Ferry Lake Trust shall be advised by a board composed of representatives from the following: (A) One appointee for the County Commission of Broadwater County, Montana. (B) One appointee for the County Commission of Lewis and Clark County, Montana. (C) One local agricultural landowner, as agreed to by Lewis and Clark and Broadwater County Commissions, Montana. (D) One representative of a local hunting organization, as agreed to by the Lewis and Clark and Broadwater County Commissions, Montana. (E) One representative of a fisheries conservation organization, as agreed to by Lewis and Clark and Broadwater Counties, Montana. (F) One representative appointed by the Commissioner of the Bureau of Reclamation or his or her designee. (G) One representative appointed by The Director of the Montana Fish, Wildlife and Parks Department or his designee.", "summary": "Directs the Secretary of the Interior to sell at fair market value 265 cabin sites and related appurtenances around the Canyon Ferry Reservoir, Montana. Requires: (1) a sealed bidding process for such sale; (2) a required minimum bid to be met; and (3) the Canyon Ferry Recreation Association to have the right to match the highest bid offered for such properties. Outlines other conveyance terms, including: (1) allowing individual cabin leaseholders who cannot purchase their site to continue to lease such site for two consecutive five-year periods; and (2) directing the Secretary to complete the conveyance within one year after enactment of this Act. Directs the Secretary to: (1) negotiate an agreement with the Broadwater County, Montana, Board of Supervisors to transfer management of the Silo's and White Earth recreation areas; and (2) assess the need for creating a harbor adjacent to the eastern shore of the south half of the Reservoir. Establishes the Canyon Ferry Lake Trust for the deposit and use of funds for various improvements to the Reservoir and Canyon Ferry area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security Whistleblower Protection Act of 2016''. SEC. 2. SUSPENSION OR REVOCATION OF ACCESS TO CLASSIFIED INFORMATION. (a) In General.--Section 2302(a)(2)(A) of title 5, United States Code, is amended-- (1) in clause (xi), by striking ``and'' at the end; (2) by redesignating clause (xii) as clause (xiii); and (3) by inserting after clause (xi) the following: ``(xii) the suspension or revocation of access to classified information; and''. (b) Application to FBI.--Section 2303(a) of title 5, United States Code, is amended in the matter following paragraph (2), by inserting ``or clause (xii)'' after ``clauses (i) through (x)''. (c) Report by Inspector General of the Department of Defense.-- (1) Definitions.--In this subsection-- (A) the term ``employee'' includes an employee of a contractor of the Department of Defense; (B) the term ``Inspector General'' means the Inspector General of the Department of Defense; and (C) the term ``whistleblowing'' means-- (i) making a disclosure described in section 2302(b)(8) of title 5, United States Code; or (ii) taking an action described in subparagraph (A)(i), (B), (C), or (D) of section 2302(b)(9) of title 5, United States Code. (2) Report.-- (A) Initial report.--Not later than 1 year after the date of enactment of this Act, the Inspector General shall submit to Congress a report that provides the information described in subparagraph (C) for the 5-year period ending on the date of enactment of this Act. (B) Inclusion in semiannual report.--In each semiannual report submitted to Congress by the Inspector General under section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.) after the date on which the report under subparagraph (A) is submitted, the Inspector General shall include the information described in subparagraph (C) for the period covered by the report. (C) Information.-- (i) In general.--The information described in this subparagraph is, for each category of employee described in clause (ii)-- (I) the number of allegations received by the Inspector General (which shall include separately the number of contacts to the hotline of the Inspector General) in which an employee asserts that the access to classified information of the employee was suspended or revoked in retaliation for whistleblowing; (II) the number of allegations described in subclause (I) that were closed by the Inspector General before a full investigation was conducted; (III) the number of allegations described in subclause (I) for which a full investigation was conducted by the Inspector General; (IV) the number of allegations described in subclause (I) in which the Inspector General determined that the access to classified information of the employee was suspended or revoked in retaliation for whistleblowing; (V) the number of investigations of allegations described in subclause (I) that were conducted by a component of the Department of Defense other than the Office of the Inspector General and a description of the oversight of the investigation by the Inspector General; (VI) the number of investigations of allegations described in subclause (I) that, upon appeal, were returned by the Inspector General of the Intelligence Community as defective; (VII) a description of the remedial measures taken relating to allegations described in subclause (I); and (VIII) a description of the disciplinary actions taken against individuals who suspended or revoked the access to classified information of an employee in retaliation for whistleblowing. (ii) Categories of employees.--The categories of employees described in this clause are the following: (I) Employees of the Department of Defense in the civil service, as defined in section 2101(1) of title 5, United States Code. (II) Employees of nonappropriated fund instrumentalities of the Department. (III) Members of the regular components of the Armed Forces. (IV) Members of the Army National Guard of the United States and Air National Guard of the United States on active duty. (V) Employees of contractors of the Department. (VI) Any other category of employees not included under clauses (I) through (V), which shall be described by the Inspector General in the applicable report.", "summary": "National Security Whistleblower Protection Act of 2016 This bill extends personnel protections to whistleblowers by classifying the suspension or revocation of access to classified information as a personnel action. This classification also applies to employees of the Federal Bureau of Investigation. The Inspector General of the Department of Defense shall report to Congress on allegations of retaliation against whistleblowers whose access to classified information was suspended or revoked."}
{"article": "SECTION 1. PRIVACY OF CUSTOMERS OF BROADBAND INTERNET ACCESS SERVICE AND OTHER TELECOMMUNICATIONS SERVICES. (a) In General.--Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) Privacy of Customers of Broadband Internet Access Service and Other Telecommunications Services.-- ``(1) Definitions.--In this subsection-- ``(A) the term `broadband Internet access service' has the meaning given the term in section 8.2 of title 47, Code of Federal Regulations, or any successor regulation; ``(B) the term `customer' means-- ``(i) a current or former subscriber to a telecommunications service; or ``(ii) an applicant for a telecommunications service; ``(C) the term `customer proprietary information' means, with respect to information or content that a telecommunications carrier acquires in connection with its provision of telecommunications service-- ``(i) individually identifiable customer proprietary network information; ``(ii) personally identifiable information; and ``(iii) content of communications; ``(D) the term `opt-in approval' means a method for a telecommunications carrier to obtain customer consent to use, disclose, or permit access to the customer's customer proprietary information that requires that the telecommunications carrier obtain from the customer affirmative, express consent allowing the requested usage, disclosure, or access to the customer proprietary information after the customer is provided appropriate notification of the carrier's request; ``(E) the term `sensitive customer proprietary information' includes-- ``(i) financial information; ``(ii) health information; ``(iii) information pertaining to children; ``(iv) Social Security numbers; ``(v) precise geolocation information; ``(vi) content of communications; ``(vii) call detail information; ``(viii) web browsing history, application usage history, and the functional equivalents of either; and ``(ix) any other customary proprietary information that the Commission determines to be sensitive; and ``(F) the term `telecommunications service' includes broadband Internet access service and interconnected VoIP service. ``(2) Regulations.--In carrying out this section, the Commission shall promulgate regulations to protect the privacy of customers of telecommunications service. ``(3) Contents.--In promulgating regulations under paragraph (2), the Commission shall-- ``(A) require a telecommunications carrier to notify a customer about the collection, use, and sharing of his or her customer proprietary information, including by-- ``(i) notifying the customer about the types of customer proprietary information the carrier collects; ``(ii) specifying how and for what purposes the carrier uses and shares customer proprietary information; and ``(iii) identifying the types of entities with which the carrier shares customer proprietary information; ``(B) require a telecommunications carrier to-- ``(i) provide the notification under subparagraph (A) to a customer at the point of sale, before the purchase of service; and ``(ii) update a customer when the carrier makes a material change to a privacy policy, including any of the policies described in subparagraph (A); ``(C) require a telecommunications carrier to obtain opt-in approval from a customer to use and share his or her sensitive customer proprietary information; ``(D) implement strong protection for de-identified customary proprietary information, to prevent re- identifying such information; ``(E) prohibit a telecommunications carrier from refusing to serve a customer who doesn't consent to the use and sharing of his or her customer proprietary information for commercial purposes (commonly known as `take-it-or-leave-it offers'); and ``(F) require a telecommunications carrier to-- ``(i) develop reasonable data security practices; and ``(ii) notify customers if a breach of security has occurred.''. (b) Deadline.--The Federal Communications Commission-- (1) not later than 180 days after the date of enactment of this Act, shall promulgate regulations under section 222(h)(2) of the Communications Act of 1934 (47 U.S.C. 222(h)(2)), as added by subsection (a); and (2) shall ensure that the regulations promulgated under paragraph (1) take effect not later than 180 days after the date of promulgation.", "summary": "This bill amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to promulgate customer privacy regulations that require telecommunications services, broadband Internet access services, and interconnected VoIP services to: notify a customer about the collection, use, and sharing of customer proprietary information that is individually identifiable customer proprietary network information, personally identifiable information, or the content of communications; obtain opt-in approval from a customer to use and share sensitive customer proprietary information about financial or health information, children, Social Security numbers, precise geolocation, content of communications, call detail information, web browsing or application usage history, or other customary proprietary information that the FCC determines to be sensitive; not refuse to serve a customer who does not consent to the use and sharing of customer proprietary information for commercial purposes under a \"take-it-or-leave-it\" offer; develop data security practices; and notify customers of security breaches. The FCC must also implement strong protection for de-identified customary proprietary information to prevent re-identifying such information."}
{"article": "SECTION 1. VESSEL SIZE LIMITS FOR FISHERY ENDORSEMENTS. (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title 46, United States Code, is amended-- (1) in subparagraph (A)-- (A) in clause (i), by adding ``and'' at the end; (B) in clause (ii) by striking ``and'' at the end; and (C) by striking clause (iii); (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) the vessel is either a rebuilt vessel or a replacement vessel under section 208(g) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-627) and is eligible for a fishery endorsement under this section.''. (b) Conforming Amendments.-- (1) Vessel rebuilding and replacement.--Subsection (g) of section 208 of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-627) is amended to read as follows: ``(g) Vessel Rebuilding and Replacement.-- ``(1) In general.-- ``(A) Rebuild or replace.--Notwithstanding any limitation to the contrary on replacing, rebuilding, or lengthening vessels or transferring permits or licenses to a replacement vessel contained in sections 679.2 and 679.4 of title 50, Code of Federal Regulations, as in effect on the date of enactment of this subsection and except as provided in paragraph (4), the owner of a vessel eligible under subsection (a), (b), (c), (d), or (e) (other than paragraph (21)), in order to improve vessel safety and operational efficiencies (including fuel efficiency), may rebuild or replace that vessel (including fuel efficiency) with a vessel documented with a fishery endorsement under section 12113 of title 46, United States Code. ``(B) Same requirements.--The rebuilt or replacement vessel shall be eligible in the same manner and subject to the same restrictions and limitations under such subsection as the vessel being rebuilt or replaced. ``(C) Transfer of permits and licenses.--Each fishing permit and license held by the owner of a vessel or vessels to be rebuilt or replaced under subparagraph (A) shall be transferred to the rebuilt or replacement vessel. ``(2) Recommendations of north pacific council.--The North Pacific Council may recommend for approval by the Secretary such conservation and management measures, including size limits and measures to control fishing capacity, in accordance with the Magnuson-Stevens Act as it considers necessary to ensure that this subsection does not diminish the effectiveness of fishery management plans of the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska. ``(3) Special rule for replacement of certain vessels.-- ``(A) In general.--Notwithstanding the requirements of subsections (b)(2), (c)(1), and (c)(2) of section 12113 of title 46, United States Code, a vessel that is eligible under subsection (a), (b), (c), (d), or (e) (other than paragraph (21)) and that qualifies to be documented with a fishery endorsement pursuant to section 203(g) or 213(g) may be replaced with a replacement vessel under paragraph (1) if the vessel that is replaced is validly documented with a fishery endorsement pursuant to section 203(g) or 213(g) before the replacement vessel is documented with a fishery endorsement under section 12113 of title 46, United States Code. ``(B) Applicability.--A replacement vessel under subparagraph (A) and its owner and mortgagee are subject to the same limitations under section 203(g) or 213(g) that are applicable to the vessel that has been replaced and its owner and mortgagee. ``(4) Special rules for certain catcher vessels.-- ``(A) In general.--A replacement for a covered vessel described in subparagraph (B) is prohibited from harvesting fish in any fishery (except for the Pacific whiting fishery) managed under the authority of any regional fishery management council (other than the North Pacific Council) established under section 302(a) of the Magnuson-Stevens Act. ``(B) Covered vessels.--A covered vessel referred to in subparagraph (A) is-- ``(i) a vessel eligible under subsection (a), (b), or (c) that is replaced under paragraph (1); or ``(ii) a vessel eligible under subsection (a), (b), or (c) that is rebuilt to increase its registered length, gross tonnage, or shaft horsepower. ``(5) Limitation on fishery endorsements.--Any vessel that is replaced under this subsection shall thereafter not be eligible for a fishery endorsement under section 12113 of title 46, United States Code, unless that vessel is also a replacement vessel described in paragraph (1). ``(6) Gulf of alaska limitation.--Notwithstanding paragraph (1), the Secretary shall prohibit from participation in the groundfish fisheries of the Gulf of Alaska any vessel that is rebuilt or replaced under this subsection and that exceeds the maximum length overall specified on the license that authorizes fishing for groundfish pursuant to the license limitation program under part 679 of title 50, Code of Federal Regulations, as in effect on the date of enactment of this subsection. ``(7) Authority of pacific council.--Nothing in this section shall be construed to diminish or otherwise affect the authority of the Pacific Council to recommend to the Secretary conservation and management measures to protect fisheries under its jurisdiction (including the Pacific whiting fishery) and participants in such fisheries from adverse impacts caused by this Act.''. (2) Exemption of certain vessels.--Section 203(g) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-620) is amended-- (A) by inserting ``and'' after ``(United States official number 651041)''; (B) by striking ``, NORTHERN TRAVELER (United States official number 635986), and NORTHERN VOYAGER (United States official number 637398) (or a replacement vessel for the NORTHERN VOYAGER that complies with paragraphs (2), (5), and (6) of section 208(g) of this Act)''; and (C) by striking ``, in the case of the NORTHERN'' and all that follows through ``PHOENIX,''. (3) Fishery cooperative exit provisions.--Section 210(b) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-629) is amended-- (A) by moving the matter beginning with ``the Secretary shall'' in paragraph (1) 2 ems to the right; and (B) by adding at the end the following: ``(7) Fishery cooperative exit provisions.-- ``(A) Fishing allowance determination.--For purposes of determining the aggregate percentage of directed fishing allowances under paragraph (1), when a catcher vessel is removed from the directed pollock fishery, the fishery allowance for pollock for the vessel being removed-- ``(i) shall be based on the catch history determination for the vessel made pursuant to section 679.62 of title 50, Code of Federal Regulations, as in effect on the date of enactment of this paragraph; and ``(ii) shall be assigned, for all purposes under this title, in the manner specified by the owner of the vessel being removed to any other catcher vessel or among other catcher vessels participating in the fishery cooperative if such vessel or vessels remain in the fishery cooperative for at least one year after the date on which the vessel being removed leaves the directed pollock fishery. ``(B) Eligibility for fishery endorsement.--Except as provided in subparagraph (C), a vessel that is removed pursuant to this paragraph shall be permanently ineligible for a fishery endorsement, and any claim (including relating to catch history) associated with such vessel that could qualify any owner of such vessel for any permit to participate in any fishery within the exclusive economic zone of the United States shall be extinguished, unless such removed vessel is thereafter designated to replace a vessel to be removed pursuant to this paragraph. ``(C) Limitations on statutory construction.-- Nothing in this paragraph shall be construed-- ``(i) to make the vessels AJ (United States official number 905625), DONA MARTITA (United States official number 651751), NORDIC EXPLORER (United States official number 678234), and PROVIDIAN (United States official number 1062183) ineligible for a fishery endorsement or any permit necessary to participate in any fishery under the authority of the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council established, respectively, under subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson-Stevens Act; or ``(ii) to allow the vessels referred to in clause (i) to participate in any fishery under the authority of the Councils referred to in clause (i) in any manner that is not consistent with the fishery management plan for the fishery developed by the Councils under section 303 of the Magnuson-Stevens Act.''.", "summary": "Revises provisions concerning fishery endorsements for specified vessels that are either over 165 feet, more than 750 or 1,900 gross measured tons, or with more than 3,000 shaft power and that have a certificate of documentation issued for a fishery endorsement effective after September 25, 1997, and not placed under foreign registry after October 21, 1998, to also require for eligibility purposes that the vessel be either a rebuilt or replacement vessel under specified provisions of the American Fisheries Act relating to requirements for rebuilding and replacing vessels that are being revised by this Act and be otherwise eligible. Sets forth rules under such provisions of the American Fisheries Act relating to requirements for rebuilding and replacing vessels that are being revised by this Act concerning: (1) recommendations of the North Pacific Council for the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska; (2) certain catcher vessels; (3) limitations on fishery endorsements; and (4) Gulf of Alaska groundfish fisheries limitations. Amends the American Fisheries Act with respect to: (1) the exemption of specified vessels; and (2) fishery allowances and the removal of a catcher vessel from the directed pollock fishery."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Conservation Security Act of 1999''. SEC. 2. CONSERVATION SECURITY PROGRAM. Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.) is amended by adding at the end the following: ``CHAPTER 6--CONSERVATION SECURITY PROGRAM ``SEC. 1240P. CONSERVATION SECURITY PROGRAM. ``(a) In General.--The Secretary shall establish a conservation security program through the use of contracts to assist owners and operators of farms and ranches to promote-- ``(1) conservation of soil, water, and related resources; ``(2) water quality protection and improvement; ``(3) air quality protection and improvement; ``(4) wetland restoration, protection, and creation; ``(5) wildlife habitat development and protection; and ``(6) any similar conservation purpose. ``(b) Eligibility.-- ``(1) In general.--To be eligible to participate in the conservation security program, an owner or operator shall-- ``(A) submit a resource security plan or a livestock nutrient management plan to the Secretary, and obtain the approval of the Secretary for the plan, in accordance with subsection (c); and ``(B) enter into a contract with the Secretary that requires compliance with the plan in accordance with subsection (e). ``(2) Limitation.--An owner or operator shall not be eligible to enter into a contract specifying compliance with a livestock nutrient management plan if the total number of animals raised by the owner or operator exceeds 1,000 animal units, as defined by the Secretary. ``(c) Plans.-- ``(1) Resource security plans.--A resource security plan shall-- ``(A) identify the resources to be secured by the plan; ``(B) describe the class of conservation practices under subsection (d) to be implemented and maintained on the land subject to the contract during the contract period; ``(C) contain a schedule for the implementation and maintenance of the class of conservation practices described in the plan; ``(D) comply with the highly erodible land and wetland conservation requirements of subtitles B and C; and ``(E) contain such other terms as the Secretary may require. ``(2) Livestock nutrient management plans.--A livestock nutrient management plan shall-- ``(A) contain a plan for managing the manure and other organic byproducts produced on the farming or ranching operation of an owner or operator in a manner that protects air, water, and soil quality; and ``(B) contain such other terms as the Secretary may require. ``(3) State and local conservation priorities.--To the maximum extent practicable and in a manner that is consistent with the conservation security program, resource security plans and livestock nutrient management plans shall address the conservation priorities established by the State and locality in which the farming or ranching operation is located. ``(d) Conservation Practices Under Resource Security Plans.-- ``(1) In general.--The Secretary shall establish 3 classes of conservation practices that are eligible for payment under a contract entered into under this section to carry out a resource security plan. ``(2) Inclusion of certain practices.--The Secretary shall include in 1 of the classes of conservation practices-- ``(A) each environmental or conservation practice that is included in the National Handbook of Conservation Practices of the Natural Resources Conservation Service; and ``(B) any other conservation practice the Secretary determines is appropriate. ``(3) Classes.--To carry out this subsection, the Secretary shall establish the following 3 classes of conservation practices (as appropriate for the farm or ranch operation of an owner or operator): ``(A) Class i.--Class I conservation practices shall include-- ``(i) residue management; ``(ii) nutrient management; and ``(iii) environmentally sound grazing. ``(B) Class ii.--Class II conservation practices shall include-- ``(i) Class I conservation practices; ``(ii) comprehensive nutrient management; ``(iii) pesticide management; ``(iv) partial field conservation practices (including windbreaks, grass waterways, shelter belts, filter strips and riparian buffers); and ``(v) intensive grazing and wildlife habitat measures. ``(C) Class iii.--Class III conservation practices shall include-- ``(i) Class I and Class II conservation practices; and ``(ii) such additional conservation practices as are necessary to implement and maintain a total resource management plan that addresses the long-term sustainability of the natural resource base of a farm or ranch operation. ``(e) Contracts.-- ``(1) In general.--On approval of a resource security plan or a livestock nutrient management plan of an owner or operator, the Secretary shall enter into a contract with the owner or operator that specifies-- ``(A) the land subject to the contract; ``(B) in the case of a resource security plan, the class of conservation practices under subsection (d) that will be carried out on the land; and ``(C) in the case of a livestock nutrient management plan, the livestock facilities that are covered by the contract. ``(2) Duration.--Subject to paragraphs (3) and (4), the contract shall be for a term of not less than 3 years nor more than 5 years. ``(3) Revision.--The Secretary may require an owner or operator to modify a resource security plan or livestock nutrient management plan before the expiration of the plan if the Secretary determines that a change made to the size, management, or any other aspect of the farming or ranching operation of the owner or operator would, without the modification, interfere with the conservation security program. ``(4) Renewal.--The contract of the owner or operator may be renewed for successive 5-year periods, at the option of the owner or operator, if-- ``(A) the owner or operator agrees to any modification of the applicable resource security plan or the livestock nutrient management plan that the Secretary determines is necessary to carry out the conservation security program; and ``(B) the Secretary determines that the owner or operator has complied with-- ``(i) the terms and conditions of the applicable resource security plan or a livestock nutrient management plan of the owner or operator; and ``(ii) the terms and conditions of the contract. ``(f) Duties of Owners and Operators.--Under a contract entered into under subsection (e), during the term of the contract, an owner or operator of a farm or ranch shall agree-- ``(1) to implement the applicable resource security plan or livestock nutrient management plan approved by the Secretary; ``(2) to keep such records as the Secretary may require for purposes of evaluation of the implementation of the plan; ``(3) not to engage in any activity that would defeat the purposes of the conservation security program; and ``(4) to forgo incentive payments, rental payments, or easement payments under any other conservation program administered by the Secretary for land subject to the contract, except that the owner or operator shall not otherwise become ineligible for participation in and receipt of cost-share payments under any other conservation program as a result of payments received under this section. ``(g) Duties of Secretary.-- ``(1) Resource security plans.-- ``(A) In general.--Under a contract entered into by an owner or operator under this section to carry out a resource security plan, subject to subparagraph (B), the Secretary shall, for a period of years not in excess of the term of the contract, make an annual rental payment to the owner or operator in an amount equal to-- ``(i) 10 percent of the average county rental rate for the same type of land enrolled under the contract that will be maintained using Class I conservation practices described in subsection (d)(3)(A); ``(ii) 20 percent of the average county rental rate for the same type of land enrolled under the contract that will be maintained using Class II conservation practices described in subsection (d)(3)(B); and ``(iii) 40 percent of the average county rental rate for the same type of land enrolled under the contract that will be maintained using Class III conservation practices described in subsection (d)(3)(C). ``(2) Livestock nutrient management plans.--Under a contract entered into by an owner or operator under this section to carry out a livestock nutrient management plan, the Secretary shall, for a period of years not in excess of the term of the contract, make an annual rental payment to the owner or operator in an amount equal to the product obtained by multiplying-- ``(A) 10 percent of the simple average price received by owners and operators for each type of livestock covered by the plan during the 5 marketing years immediately preceding the year covered by the annual payment; by ``(B) the number of that type of livestock raised by the owner or operator during the year covered by the annual payment. ``(3) Limitation on payments.--The total amount of payments paid to an owner or operator under paragraphs (1) and (2) shall not exceed $50,000 for any fiscal year. ``(4) Technical assistance.--The Secretary shall use not less than 15 percent, nor more than 20 percent, of the funds that are made available to carry out this section for a fiscal year to provide technical assistance to owners and operators entering into contracts under this section. ``(5) Other payments.--Except as otherwise provided in this section, payments received by an owner or operator under this subsection shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under-- ``(A) this Act; ``(B) the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127), including the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.); ``(C) the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624); or ``(D) the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).''. SEC. 3. EFFECTIVE DATE. (a) In General.--This Act and the amendment made by this Act take effect on October 1, 1999. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this Act and the amendment made by this Act.", "summary": "Requires a participant to submit a resource security plan or a livestock nutrient management plan. (Limits the size of eligible livestock operations.) Sets forth three classes of resource security plan conservation practices, and bases rental payments upon classes implemented by the participant. Bases livestock nutrient management plan payments on the price and number of livestock covered by the contract."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Housing Preservation Act of 2016''. SEC. 2. AVAILABILITY OF RURAL HOUSING VOUCHERS FOR TENANTS IN PROJECTS WITH MATURING LOANS. (a) In General.--Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is amended by adding at the end the following new subsection: ``(c) Rural Vouchers for Tenants of Projects With Prepaid or Maturing Loans.-- ``(1) Authority.--Subject to the availability of amounts provided in appropriation Acts and to paragraph (3), the Secretary shall provide rural housing vouchers under this section, in the amount provided under this section, to any low- income household (including those not receiving rental assistance) residing in a property financed with a loan made or insured under section 515 (42 U.S.C. 1485) which has been prepaid, or which has matured, after September 30, 2005. ``(2) Administration and subsidies.--The Secretary shall, to the maximum extent practicable, administer and operate such vouchers with current regulations and administrative guidance applicable to enhanced vouchers under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)) and administered by the Secretary of Housing and Urban Development. The amount of rental assistance provided on behalf of holders of such vouchers shall be the same as that provided on behalf of holders of enhanced vouchers under such section 8(t). ``(3) Termination of assistance.--The Secretary shall terminate the provision of voucher assistance pursuant to this subsection, with respect to a property, if-- ``(A) at any time, a new loan is made or insured under section 515 for the property; and ``(B) as a result of such loan, rental assistance is provided on behalf of the voucher holder in an amount comparable to the rental assistance provided on behalf of the voucher holder under the voucher program.''. (b) Requirement for Section 515 Projects To Accept Vouchers.-- Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by adding at the end the following new subsection: ``(bb) Requirement To Accept Rural Housing Vouchers.--No owner of a property financed with a loan made or insured under this section, whether such loan is outstanding or fully paid, may refuse to lease an available dwelling unit in the property to a household on behalf of whom voucher assistance is provided under section 542 (42 U.S.C. 1490r), and to enter into a voucher contract respecting such unit, a proximate cause of which is the status of such current or prospective tenant as a holder of such voucher.''. SEC. 3. DECOUPLING RENTAL ASSISTANCE FROM MATURING RURAL HOUSING LOANS. Paragraph (2) of section 521(a) of the Housing Act of 1949 (42 U.S.C. 1490a(a)(2)) is amended by adding at the end the following new subparagraph: ``(F) Rental assistance for projects with matured loans.-- ``(i) Authority.--To continue to make decent, safe and sanitary housing available to low-income occupants of projects originally financed with a loan made or insured under section 515 that has matured on or after the date of the enactment of this subparagraph, and at rental rates commensurate to income as specified in subparagraph (A) of this paragraph, the Secretary may, subject to the availability of amounts provided in appropriation Acts, contract to make, make, and renew annual assistance payments pursuant to this subparagraph to the owners of such projects. ``(ii) Offer.--The Secretary shall ensure that an offer to provide a contract for assistance payments pursuant to this subparagraph shall be extended to all owners of projects described in clause (i) not later than 24 months before the maturation of the loan (except in the case of loans maturing after the date that is 24 months before the date of the enactment of this subparagraph). ``(iii) Terms.--Each contract for assistance payments pursuant to this subparagraph shall-- ``(I) have a term of 20 years and be subject to availability of amounts provided in annual appropriations Acts; ``(II) cover all new and existing households residing in the project, regardless of whether or not they were previously assisted under the rental assistance program authorized under subparagraph (A); ``(III) be recorded at such local real property recording office as is prescribed by the State in which the project is located; ``(IV) bind the owner of the project and the owner's successors to continue to operate the project in accordance with such agreements; ``(V) require the owner (and such successors) to agree to continue to operate the projects as if it were subject to an existing loan under section 515; ``(VI) extend to residents of the project all the rights that at the time such contract is entered into are extended to residents of projects subject to an existing loan under section 515; and ``(VII) require the owner (and such successors) to maintain the assisted housing as decent, safe, and sanitary housing. ``(iv) Actual market rentals.-- ``(I) In general.--A contract for assistance provided pursuant to this subparagraph for a project shall provide assistance to the owner based on an initial reasonable operating budget the rents for which do not exceed such actual market rental rates for the area in which the project is located, as are established by the Secretary. ``(II) Adjustment; renewal.--The Secretary shall adjust the actual market rental rates used for purposes of this clause annually. ``(v) Renewal; adjustment.--In providing assistance pursuant to this subparagraph, the Secretary shall require the owner of the project to renew the assistance provided to each household not less frequently than annually, in accordance with the provisions of subparagraph (A), and shall adjust the amount of assistance provided to a household at any other time upon a decrease in the household's monthly income of $100 or more. ``(vi) Administration.--Rental assistance contracts authorized by this subparagraph shall, except as otherwise provided in this subparagraph, be administered by the Secretary in the same manner as rental assistance contracts for projects having existing loans made or insured under section 515 or existing loans and grants made under sections 514 and 516.''. SEC. 4. UNIFORM STANDARDS FOR TRANSFERS OF SECTION 515 PROPERTIES USING LOW-INCOME TAX CREDITS. Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by adding at the end the following new subsection: ``(bb) Requirements for Transfers of Properties Involving Low- Income Housing Tax Credits.--The Secretary shall establish, without exception, uniform requirements, terms, and conditions for any sale or transfer of a property financed with a loan under this section to any entity, including a nonprofit organization, that is seeking to acquire such property with amounts authorized under this section and any low- income housing tax credit under section 42 of the Internal Revenue Code of 1986.''. SEC. 5. RURAL MULTIFAMILY HOUSING REVITALIZATION PROGRAM. Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by adding at the end the following new subsection: ``(bb) Multifamily Housing Revitalization Program.-- ``(1) In general.--The Secretary may establish a Multifamily Housing Revitalization Program for the preservation and revitalization of multifamily housing projects funded with loans made available pursuant to this section and sections 514 and 516 to ensure that such projects have sufficient resources to provide safe and affordable housing for low-income residents and farm laborers. ``(2) Options.--In carrying out paragraph (1), the Secretary may-- ``(A) with respect to such loans-- ``(i) reduce or eliminate interest; ``(ii) defer loan payments; and ``(iii) subordinate, reduce, or reamortize loan debt; and ``(B) provide other financial assistance, including-- ``(i) advances; and ``(ii) payments and incentives (including the ability of owners to obtain reasonable returns on investment). ``(3) Requirements.--In exchange for assistance provided pursuant to this subsection, the Secretary shall enter into with the property owner a restrictive use agreement to ensure that the property remains subject to low-income use restrictions for an additional period of time consistent with the terms of the restructuring. ``(4) Use of funds for rural housing vouchers.-- ``(A) Authority.--If the Secretary determines that additional funds for vouchers under the rural housing voucher program under section 542 (42 U.S.C. 1490r) are needed, funds for the revitalization program under this subsection may be used for such vouchers for any low- income household (including those not receiving rental assistance) residing in a property financed with a loan under this section that has been prepaid after September 30, 2005. ``(B) Amount.--Notwithstanding section 542, the amount of a voucher provided pursuant to this paragraph shall be the difference between comparable market rent for the unit and the tenant-paid rent for such unit. ``(C) Availability.--Funds made available for vouchers pursuant to this paragraph shall be subject to the availability of annual appropriations. ``(D) Administration.--The Secretary shall, to the maximum extent practicable, administer vouchers provided pursuant to this paragraph with current regulations and administrative guidance applicable to housing vouchers under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) administered by the Secretary of Housing and Urban Development.''. SEC. 6. REGULATIONS. The Secretary of Agriculture shall issue regulations necessary to carry out the amendments made by this Act not later than the expiration of the 120-day period beginning on the date of the enactment of this Act.", "summary": "Rural Housing Preservation Act of 2016 This bill amends the Housing Act of 1949 to direct the Department of Agriculture (USDA) to extend rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a loan made or insured for housing and related facilities for elderly or other low-income persons and families which has been prepaid, or which has matured, after September 30, 2005. No owner of a property financed with such a loan, whether outstanding or fully paid, may refuse to lease an available dwelling unit in the property to a household on behalf of whom a rural housing voucher assistance is provided, and enter into a voucher contract respecting that unit, if a proximate cause of that refusal is the current or prospective tenant's status as a holder of such a voucher. USDA may contract to make, make, and renew annual assistance payments to owners of projects originally financed with such a loan that has matured on or after enactment of this bill, and at rental rates commensurate to income. USDA shall establish uniform requirements, terms, and conditions for any sale or transfer of a property financed with such a loan to any entity, including a nonprofit organization, seeking to acquire it with a similar loan and any low-income housing tax credit under the Internal Revenue Code. USDA may also establish a Multifamily Housing Revitalization Program for the preservation and revitalization of multifamily housing projects funded with such loans, as well as with loans for housing and related facilities for domestic farm labor, to ensure that those projects have sufficient resources to provide safe and affordable housing for low-income residents and farm laborers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Flats Environmental Technology Site Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Covenant not to sue.--The term ``covenant not to sue'' means-- (A) a covenant not to sue under section 122(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(f)); and (B) any similar covenant by the State of Colorado. (2) Essential mineral right.-- (A) In general.--The term ``essential mineral right'' means a right to a mineral identified as necessary to transition Rocky Flats to a National Wildlife Refuge by-- (i) the Secretary; and (ii) the Secretary of the Interior. (B) Inclusion.--The term ``essential mineral right'' may include a right to a mineral referred to in section VIII(A) of the draft memorandum of understanding between the Department of the Interior and the Department of Energy, dated March 22, 2005 (70 Fed. Reg. 14455). (3) Fair market value.--The term ``fair market value'' means the value of a mineral right, as determined by an appraisal performed by an independent, certified mineral appraiser under the Uniform Standards of Professional Appraisal Practice. (4) Natural resource damage liability.--The term ``natural resource damage liability'' means natural resource damage liability under section 107(a)(4)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C)). (5) Rocky flats.--The term ``Rocky Flats'' means the Department of Energy facility in the State of Colorado known as the ``Rocky Flats Environmental Technology Site''. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. (7) Trustees.--The term ``Trustees'' means the Federal and State officials designated as trustees under section 107(f)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(2)). SEC. 3. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE. (a) Purchase of Essential Mineral Rights.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall use amounts made available under subsection (b) to purchase essential mineral rights at Rocky Flats. (2) Conditions.--The Secretary shall not purchase an essential mineral right under paragraph (1) unless-- (A) the owner of the essential mineral right is a willing seller; (B) the Secretary purchases the essential mineral right at fair market value; and (C)(i) the Trustees enter into a natural resources damage settlement providing that the purchase of essential mineral rights satisfies any existing or potential natural resource damage liability claim arising from releases of hazardous substances identified in the administrative record for the site as of the date of enactment of this Act; and (ii) the settlement includes a covenant not to sue. (3) Limitation.--The Secretary shall purchase essential mineral rights under paragraph (1) and satisfy any obligation of the Secretary under a settlement of a natural resource damage claim at Rocky Flats under section 122(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(f)) using only funds made available under subsection (b). (4) Unwilling sellers.--If an owner of an essential mineral right refuses to sell the right to the Secretary at fair market value, the Secretary may satisfy any natural resource damage liability obligation of the Secretary to the Trustees by paying to the Trustees an amount equal to the fair market value of the essential mineral right owned by the unwilling seller as part of a settlement of a natural resource damage claim under section 122(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(f)). (5) Release from liability.--Notwithstanding any other law, any claim for damage to a natural resource under section 107(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)) shall be considered to be satisfied by-- (A) a purchase by the Secretary of an essential mineral right under paragraph (1); or (B) a payment by the Secretary to the Trustees under paragraph (4). (6) Exemption from national environmental policy act.--A purchase of an essential mineral right under this subsection shall be exempt from the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2006.", "summary": "Rocky Flats Environmental Technology Site Act of 2005 - Instructs the Secretary of Energy to purchase essential mineral rights at the Department of Energy facility, Colorado, known as the Rocky Flats Environmental Technology Site. Includes among conditions for such purchase that certain federal and state officials designated as trustees enter into a natural resources damage settlement providing that the purchase of essential mineral rights satisfies any existing or potential natural resource damage liability claim arising from releases of certain hazardous substances. Requires the settlement to include a covenant not to sue."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage and Rental Disaster Relief Act of 2007''. SEC. 2. DISASTER RELIEF. Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at the end the following: ``(5) Temporary mortgage and rental payments.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `adjusted gross income' means the adjusted gross income (as that term is defined in section 62 of the Internal Revenue Code of 1986) of the relevant individual or household for the last taxable year that such individual or household filed a tax return; and ``(ii) the term `financial hardship caused by a major disaster' means that an individual or member of a household-- ``(I) is employed by a business, or owns a business, located in the area for which the President declared the relevant major disaster; ``(II) became unemployed, or lost significant income, because the employer or business of that individual or member of a household has or, on the day before the date of the relevant major disaster, had a significant business relationship with a business located in the area for which the President declared the relevant major disaster; or ``(III) resides in the area for which the President declared the relevant major disaster and has suffered financially due to travel restrictions or station or road closures in effect after the date of that major disaster. ``(B) Authorization.--In accordance with this paragraph, the President may provide assistance on a temporary basis in the form of mortgage or rental payments to or on behalf of individuals and households who, as a result of financial hardship caused by a major disaster, have received written notice of dispossession or eviction from a residence by reason of a foreclosure of any mortgage or lien, cancellation of any contract of sale, or termination of any lease, entered into before such major disaster. ``(C) Eligibility.-- ``(i) Income.-- ``(I) In general.--Except as provided in subclause (II), an individual or household may receive assistance under this paragraph if the adjusted gross income of that individual or household was not more than $75,000. ``(II) Areas with a high cost of living.--An individual or household that, on the day before the date of the relevant major disaster, resided in an area with a high cost of living, as determined by the President, may receive assistance under this paragraph if the adjusted gross income of that individual or household was not more than $100,000. ``(ii) Adjustment.--The President shall adjust the limits established under clause (i) annually to reflect inflation. ``(D) Period of assistance.--Assistance under this paragraph shall be provided for the duration of the period of financial hardship caused by a major disaster, not to exceed 18 months. ``(E) Procedures.-- ``(i) In general.--An individual or household seeking assistance under this paragraph shall submit an application in such manner and accompanied by such information as the President shall establish, which shall include a requirement that such an individual or household sign a statement indicating that individual or household meets the eligibility requirements under subparagraph (C). ``(ii) Lack of records.--If an individual or household does not have access to records necessary to demonstrate eligibility under subparagraph (C), that individual or household shall submit such records not later than 6 months after the date that individual or household applies for assistance under this paragraph. ``(iii) Ineligible recipients.--If an individual or household receives assistance under this paragraph and was not eligible to receive such assistance, that individual or household shall return the full amount of that assistance to the Government.''. SEC. 3. APPLICABILITY. The amendment made by this Act shall apply to any major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) declared on or after October 21, 2007.", "summary": "Mortgage and Rental Disaster Relief Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to provide temporary assistance in the form of mortgage or rental payments to or on behalf of individuals and households who, as a result of financial hardship caused by a major disaster, have received written notice of dispossession or eviction from a residence because of a foreclosure of mortgage or lien, cancellation of sales contract, or lease termination, entered into before such disaster. Defines such a \"financial hardship\" to include: (1) the loss of employment or significant income because a job, a business, or a business interest was located in a disaster area; or (2) suffering financially because of travel restrictions or station or road closures affecting residents of such area. Restricts eligibility for such assistance to individuals or households who have an adjusted gross income of not more than $75,000 ($100,000 for individuals or households who resided in an area with a high cost of living). Directs the President to adjust the limits annually to reflect inflation. Allows assistance to be provided for the duration of the period of financial hardship caused by the disaster, not to exceed 18 months. Requires recipients determined to be ineligible to return the full amount of assistance to the government. Makes this Act applicable to any major disaster declared on or after October 21, 2007."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sports Agent Responsibility and Trust Act''. SEC. 2. DEFINITIONS. As used in this Act, the following definitions apply: (1) Agency contract.--The term ``agency contract'' means an oral or written agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports contract or an endorsement contract. (2) Athlete agent.--The term ``athlete agent'' means an individual who enters into an agency contract with a student athlete, or directly or indirectly recruits or solicits a student athlete to enter into an agency contract, and does not include a spouse, parent, sibling, grandparent, or guardian of such student athlete, any legal counsel for purposes other than that of representative agency, or an individual acting solely on behalf of a professional sports team or professional sports organization. (3) Athletic director.--The term ``athletic director'' means an individual responsible for administering the athletic program of an educational institution or, in the case that such program is administered separately, the athletic program for male students or the athletic program for female students, as appropriate. (4) Commission.--The term ``Commission'' means the Federal Trade Commission. (5) Endorsement contract.--The term ``endorsement contract'' means an agreement under which a student athlete is employed or receives consideration for the use by the other party of that individual's person, name, image, or likeness in the promotion of any product, service, or event. (6) Intercollegiate sport.--The term ``intercollegiate sport'' means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of college athletics. (7) Professional sports contract.--The term ``professional sports contract'' means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete. (8) State.--The term ``State'' includes a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (9) Student athlete.--The term ``student athlete'' means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. An individual who is permanently ineligible to participate in a particular intercollegiate sport is not a student athlete for purposes of that sport. SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH THE CONTACT BETWEEN AN ATHLETE AGENT AND A STUDENT ATHLETE. (a) Conduct Prohibited.--It is unlawful for an athlete agent to-- (1) directly or indirectly recruit or solicit a student athlete to enter into an agency contract, by-- (A) giving any false or misleading information or making a false promise or representation; or (B) providing anything of value to a student athlete or anyone associated with the student athlete before the student athlete enters into an agency contract including any consideration in the form of a loan, or acting in the capacity of a guarantor or co- guarantor for any debt; (2) enter into an agency contract with a student athlete without providing the student athlete with the disclosure document described in subsection (b); or (3) predate or postdate an agency contract. (b) Required Disclosure by Athlete Agents to Student Athletes.-- (1) In general.--In conjunction with the entering into of an agency contract, an athlete agent shall provide to the student athlete, or, if the student athlete is under the age of 18 to such student athlete's parent or legal guardian, a disclosure document that meets the requirements of this subsection. Such disclosure document is separate from and in addition to any disclosure which may be required under State law. (2) Signature of student athlete.--The disclosure document must be signed by the student athlete, or, if the student athlete is under the age of 18 by such student athlete's parent or legal guardian, prior to entering into the agency contract. (3) Required language.--The disclosure document must contain, in close proximity to the signature of the student athlete, or, if the student athlete is under the age of 18, the signature of such student athlete's parent or legal guardian, a conspicuous notice in boldface type stating: ``Warning to Student Athlete: If you agree orally or in writing to be represented by an agent now or in the future you may lose your eligibility to compete as a student athlete in your sport. Within 72 hours after entering into this contract or before the next athletic event in which you are eligible to participate, whichever occurs first, both you and the agent by whom you are agreeing to be represented must notify the athletic director of the educational institution at which you are enrolled, or other individual responsible for athletic programs at such educational institution, that you have entered into an agency contract.''. SEC. 4. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.--The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. SEC. 5. ACTIONS BY STATES. (a) In General.-- (1) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any athlete agent in a practice that violates section 3 of this Act, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with this Act; or (C) obtain damage, restitution, or other compensation on behalf of residents of the State. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission-- (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before filing of the action. In such case, the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (b) Intervention.-- (1) In general.--On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention.--If the Commission intervenes in an action under subsection (a), it shall have the right-- (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by the Commission.--In any case in which an action is instituted by or on behalf of the Commission for a violation of section 3, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action. (e) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (f) Service of Process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (1) is an inhabitant; or (2) may be found. SEC. 6. PROTECTION OF EDUCATIONAL INSTITUTION. (a) Notice Required.--Within 72 hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the athlete agent and the student athlete shall each inform the athletic director of the educational institution at which the student athlete is enrolled, or other individual responsible for athletic programs at such educational institution, that the student athlete has entered into an agency contract, and the athlete agent shall provide the athletic director with notice in writing of such a contract. (b) Civil Remedy.-- (1) In general.--An educational institution has a right of action against an athlete agent for damages caused by a violation of this Act. (2) Damages.--Damages of an educational institution may include amd are limited to actual losses and expenses incurred because, as a result of the conduct of the athlete agent, the educational institution was injured by a violation of this Act or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate actions likely to be imposed by such an association or conference. (3) Costs and attorneys fees.--In an action taken under this section, the court may award to the prevailing party costs and reasonable attorneys fees. (4) Effect on other rights, remedies and defenses.--This section does not restrict the rights, remedies, or defenses of any person under law or equity. SEC. 7. LIMITATION. Nothing in the Act shall be construed to prohibit an individual from seeking any remedies available under existing State law or equity. SEC. 8. SENSE OF CONGRESS. It is the sense of Congress that States should enact the Uniform Athlete Agents Act of 2000 drafted by the National Conference of Commissioners on Uniform State Laws, to protect student athletes and the integrity of amateur sports from unscrupulous sports agents. In particular, it is the sense of Congress that States should enact the provisions relating to the registration of sports agents, the required form of contract, the right of the student athlete to cancel an agency contract, the disclosure requirements relating to record maintenance, reporting, renewal, notice, warning, and security, and the provisions for reciprocity among the States.", "summary": "Sports Agent Responsibility and Trust Act - Prohibits an athlete agent from: (1) recruiting or soliciting a student athlete to enter into an agency contract by giving false or misleading information, making a false promise or representation, or providing anything of value to the athlete or anyone associated with the athlete before entering into such contract, including any consideration in the form of a loan, or acting as guarantor or co-guarantor for any debt; (2) entering into an agency contract with a student athlete without providing the required disclosure document; or (3) predating or postdating an agency contract. Requires an athlete agent to provide to the athlete (or, if the student athlete is under age 18, to such athlete's parent or legal guardian) a separate disclosure document that includes notice that if the athlete agrees orally or in writing to be represented by an agent, he or she may lose eligibility to compete as a student athlete. Requires both the student athlete and the agent, within 72 hours or before the athlete's next athletic event, whichever occurs first, to notify the athletic director of the athlete's educational institution that the athlete has entered into an agency contract. Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act. Authorizes civil actions by State attorneys general and educational institutions. Expresses the sense of Congress that States should enact the Uniform Athlete Agents Act of 2000 drafted by the National Conference of Commissioners on Uniform State Laws."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``House Ethics Commission Establishment Act of 2007''. SEC. 2. ESTABLISHMENT OF HOUSE ETHICS COMMISSION. (a) Establishment.--There is established an independent ethics commission within the legislative branch of the Government to be known as the House Ethics Commission (in this Act referred to as the ``Commission''). (b) Membership and Terms of Office.--(1) The Commission shall consist of 12 individuals. Six former Democratic Members shall be appointed by the Republican leader and 6 former Republican Members by the Democratic leader of the House of Representatives. Except as provided by paragraph (2), the terms of all members of the Commission shall be 2 years and no member may serve for more than 6 years. (2) Of the members first appointed-- (A) 2 appointed by each leader shall be for a term of 2 years; (B) 2 appointed by each leader shall be for a term of 4 years; and (C) 2 appointed by each leader shall be for a term of 6 years; as designated by each such leader at the time of appointment. (c) Chairman and Vice Chairman.--The chairman and the vice chairman of the Commission shall be selected by the members of the Commission at its first meeting. No member may serve for more than one 2-year term as chairman and no member may serve for more than one 2-year term as vice chairman. (d) Qualifications.--Only former Members of the House of Representatives shall be eligible for appointment to the Commission. (1) Disqualifications for appointments.-- (A) Lobbying.--No individual who has been a lobbyist registered under the Lobbying Disclosure Act of 1995 or engages in, or is otherwise employed in, lobbying of the Congress or who is an agent of a foreign principal registered under the Foreign Agents Registration Act within the 4-year period immediately preceding appointment shall be eligible for appointment to, or service on, the Commission. (B) Incompatible office.--No member of the Commission appointed under subsection (b) may be an elected public official or an officer or employee of the Government. (2) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (e) Compensation.--Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for Level III of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum. (g) Meetings.--The Commission shall meet at the call of the chairman or a majority of its members. SEC. 3. DUTIES OF COMMISSION. The Commission is authorized-- (1) to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities, and after notice and hearing (unless the right to a hearing is waived by the Member, officer, or employee), shall report to the House of Representatives its findings of fact and recommendations, if any, upon the final disposition of any such investigation, and such action as the Commission may deem appropriate in the circumstances; (2) to issue any letter of reproval or admonishment with respect to such an alleged violation; (3) to report to the appropriate Federal or State authorities any substantial evidence of a violation, by a Member, officer, or employee of the House of Representatives, of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in a Commission investigation; and (4) to adopt rules governing its procedures to provide protections to respondents comparable to those that were provided by clause 3 of rule XI of the Rules of the House of Representatives in effect immediately before the amendments to such rule made by section 8. SEC. 4. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission or, on the authority of the Commission, the chairman or vice chairman, may, for the purpose of carrying out this Act-- (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (2) subject to subsection (b), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or the chairman or vice chairman may determine advisable. (b) Subpoenas.-- (1) In general.--A subpoena may be issued only under the signature of the chairman or the vice chairman, and may be served by any person designated by the chairman or the vice chairman. (c) Obtaining Information.--Upon request of the Commission, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the panel to enable it to carry out its duties. SEC. 5. PROCEDURAL RULES. (a) Majority Approval.--No report or recommendation relating to the official conduct of a Member, officer, or employee of the House of Representatives shall be made by the Commission, and no investigation of such conduct shall be undertaken by the Commission, unless approved by the affirmative vote of a majority of the members of the Commission. (b) Investigations.--Except in the case of an investigation undertaken by the Commission on its own initiative, the Commission may undertake an investigation relating to the official conduct of an individual Member, officer, or employee of the House of Representatives only-- (1) upon receipt of a complaint, in writing and under oath, made by or submitted to a Member of the House of Representatives and transmitted to the Commission by such Member, or (2) upon receipt of a complaint from the chairman of the Committee on Standards of Official Conduct of the House of Representatives, in writing and under oath, made by that committee. (c) Prohibition of Certain Investigations.--No investigation shall be undertaken by the Commission of any alleged violation of a law, rule, regulation, or standard of conduct not in effect at the time of the alleged violation. (d) Disclosure.--No information or testimony received, or the contents of a complaint or the fact of its filing, shall be publicly disclosed by any member of the Commission or staff of the Commission unless specifically authorized in each instance by a vote of the Commission. SEC. 6. STAFF OF COMMISSION. The Commission may appoint and fix the compensation of such staff as the Commission considers necessary to perform its duties. The director shall be appointed jointly by the Speaker and minority leader and shall be paid at a rate not to exceed the rate of basic pay payable for Level III of the Executive Schedule. SEC. 7. ACTION ON COMMISSION RECOMMENDATIONS. (a) Printing of Reports in Congressional Record.--Upon receipt by the Committee on Standards of Official Conduct of the House of Representatives of any report of the Commission, the Speaker of the House of Representatives shall have the report printed in the Congressional Record. (b) House Consideration of Independent Ethics Commission Recommendations.--Within 14 calendar days after a report referred to in subsection (a) is printed in the Congressional Record, that portion of the report recommending action by the House of Representatives respecting any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities shall be introduced (by request) in the House by the Speaker of the House, for himself and the minority leader of the House in the form of a resolution. This resolution shall constitute a question of privilege under rule IX of the Rules of the House of Representatives. Any Member favoring the resolution may call it up as a question of privilege but only on the third day after the calendar date upon which such Member announces to the House his intention to do so. SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of the House of Representatives is amended as follows: (1) In paragraph (a), strike subparagraphs (1), (2), and (3), and redesignate subparagraphs (4), (5), and (6), as subparagraphs (1), (2), and (3), respectively. (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by striking ``a resolution, report, recommendation, or'' and inserting ``an'', and by striking ``, or, except as provided in subparagraph (2), undertake an investigation'', and by striking subdivision (B). (B) Paragraph (b) is further amended by striking subparagraphs (2), (3), (4), and (5) and by redesignating subparagraphs (6) and (7) as subparagraphs (2) and (3), respectively. (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and (q). (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d). SEC. 9. EFFECTIVE DATE. This Act shall take effect upon the date of its enactment, except that sections 3, 4, and 8 shall not take effect until the later of 6 months after such date of enactment or immediately prior to noon January 3, 2009.", "summary": "House Ethics Commission Establishment Act of 2007 - Establishes an independent House Ethics Commission within the legislative branch. Amends Rule XI (Procedures of Committees and Unfinished Business) of the Rules of the House of Representatives to revise the duties of the Committee on Standards of Official Conduct to conform with this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Spending Act of 2005''. SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. (a) Adjustments to Discretionary Spending Limits.--In the matter that precedes subparagraph (A) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, strike ``through 2002''. (b) Discretionary Spending Limit.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) Strike paragraphs (1) through (16) and insert the following new paragraphs: ``(1) with respect to fiscal year 2006, for the discretionary category: $837,196,960,000 in total new budget authority of which not less than $434,139,940,000 shall be for the defense category and of which not less than $32,180,020,000 shall be for homeland security activities outside of the defense category and $906,352,000,000 in total outlays of which not less than $439,419,000,000 shall be for the defense category and of which not less than $30,854,000,000 in total outlays shall be for the homeland security category outside of the defense category; ``(2) with respect to fiscal year 2007, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (1) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2005; ``(3) with respect to fiscal year 2008, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority provided under paragraph (2) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2006; ``(4) with respect to fiscal year 2009, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (3) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2007; and ``(5) with respect to fiscal year 2010, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (4) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2008;''. (c) Adjustments to Discretionary Spending Limits.-- (1) Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (C) through (H) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Accrual accounting.--If a bill or joint resolution is enacted that charges Federal agencies for the full cost of accrued Federal retirement and health benefits and a bill or joint resolution making appropriations is enacted that provides new budget authority to carry out the legislation charging Federal agencies for such accrued costs, the adjustment shall be equal to the reduction in mandatory budget authority and the outlays flowing therefrom estimated to result from the legislation charging Federal agencies for such accrued costs.''. (2) Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the last sentence. (d) Definition of Consumer Price Index.--Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph: ``(11) The term `Consumer Price Index' refers to the Consumer Price Index for All Urban Consumers (all items; United States city average), published by the Bureau of Labor Statistics.''. SEC. 3. EXTENSION OF PAY-AS-YOU-GO. Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``SEC. 252. ENFORCING PAY-AS-YOU-GO. ``(a) Purpose.--The purpose of this section is to assure that any legislation enacted before October 1, 2010, affecting direct spending that increases the deficit will trigger an offsetting sequestration. ``(b) Sequestration.-- ``(1) Timing.--Not later than 15 calendar days after the date Congress adjourns to end a session and on the same day as a sequestration (if any) under section 251, there shall be a sequestration to offset the amount of any net deficit increase caused by all direct spending legislation enacted before October 1, 2010, as calculated under paragraph (2). ``(2) Calculation of deficit increase.--OMB shall calculate the amount of deficit increase or decrease by adding-- ``(A) all OMB estimates for the budget year of direct spending legislation transmitted under subsection (d); ``(B) the estimated amount of savings in direct spending programs applicable to budget year resulting from the prior year's sequestration under this section or, if any, as published in OMB's final sequestration report for that prior year; and ``(C) any net deficit increase or decrease in the current year resulting from all OMB estimates for the current year of direct spending legislation transmitted under subsection (d) of this section that were not reflected in the final OMB sequestration report for the current year. ``(D) for fiscal year 2005, before making the calculations required in subparagraphs (A) through (C), OMB shall assume an automatic deficit increase of $8,400,000,000. ``(c) Eliminating a Deficit Increase.--(1) The amount required to be sequestered in a fiscal year under subsection (b) shall be obtained from non-exempt direct spending accounts from actions taken in the following order: ``(A) First.--All reductions in automatic spending increases specified in section 256(a) shall be made. ``(B) Second.--If additional reductions in direct spending accounts are required to be made, the maximum reductions permissible under sections 256(b) (guaranteed and direct student loans) and 256(c) (foster care and adoption assistance) shall be made. ``(C) Third.--(i) If additional reductions in direct spending accounts are required to be made, each remaining non-exempt direct spending account shall be reduced by the uniform percentage necessary to make the reductions in direct spending required by paragraph (1); except that the medicare programs specified in section 256(d) shall not be reduced by more than 4 percent and the uniform percentage applicable to all other direct spending programs under this paragraph shall be increased (if necessary) to a level sufficient to achieve the required reduction in direct spending. ``(ii) For purposes of determining reductions under clause (i), outlay reductions (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration. ``(2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline for fiscal year 2006 and for fiscal years 2007 through 2010 at the baseline after adjusting for any sequester in fiscal year 2005. ``(d) Estimates.-- ``(1) CBO estimates.--As soon as practicable after Congress completes action on any direct spending, CBO shall provide an estimate to OMB of that legislation. ``(2) OMB estimates.--Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any direct spending, OMB shall transmit a report to the House of Representatives and to the Senate containing-- ``(A) the CBO estimate of that legislation; ``(B) an OMB estimate of that legislation using current economic and technical assumptions; and ``(C) an explanation of any difference between the 2 estimates. ``(3) Significant differences.--If during the preparation of the report under paragraph (2) OMB determines that there is a significant difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report. ``(4) Scope of estimates.--The estimates under this section shall include the amount of change in outlays for the current year (if applicable), the budget year, and each outyear excluding any amounts resulting from-- ``(A) full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; and ``(B) emergency provisions as designated under subsection (e). ``(5) Scorekeeping guidelines.--OMB and CBO, after consultation with each other and the Committees on the Budget of the House of Representatives and the Senate, shall-- ``(A) determine common scorekeeping guidelines; and ``(B) in conformance with such guidelines, prepare estimates under this section. ``(e) Emergency Legislation.--If a provision of direct spending legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d) of this section.''. SEC. 4. CONFORMING AMENDMENTS. (a) Expiration.--(1) Section 254(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2010''. (2) Section 254(f)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2010''. (b) Expiration.--Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2010''. SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE BASELINE. (a) In General.--Section 257(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting ``, except for emergency appropriations covered by section 251(b)(2)(A) and emergency legislation covered by section 252(e)'' before the period. (b) Direct Spending and Receipts.--Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: ``(E) Emergency legislation covered by section 252(e) shall not be extended in the baseline.''. (c) Discretionary Appropriations.--Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: ``(7) Emergency appropriations covered by section 251(b)(2)(A) shall not be extended in the baseline.''. SEC. 6. OMB EMERGENCY CRITERIA. (a) Definition of Emergency.--Section 3 of the Congressional Budget and Impoundment Control Act of 1974 (as amended by section 2(d) is further amended by adding at the end the following new paragraph: ``(12)(A) The term `emergency' means a situation that-- ``(i) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and ``(ii) is unanticipated. ``(B) As used in subparagraph (A), the term `unanticipated' means that the underlying situation is-- ``(i) sudden, which means quickly coming into being or not building up over time; ``(ii) urgent, which means a pressing and compelling need requiring immediate action; ``(iii) unforeseen, which means not predicted or anticipated as an emerging need; and ``(iv) temporary, which means not of a permanent duration.''. (b) Conforming Amendment.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: ``(20) The term `emergency' has the meaning given to such term in section 3 of the Congressional Budget and Impoundment Control Act of 1974.''. SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE PROVISION AS AN EMERGENCY. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``rule respecting designation of legislative provision as an emergency ``Sec. 316. (a) Guidance.--In making a designation of a provision of legislation as an emergency requirement under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985, the committee report and any statement of managers accompanying that legislation shall analyze whether a proposed emergency requirement meets the definition of an `emergency' set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. ``(b) In General.--It shall not be in order in the Senate or the House of Representatives to consider any bill, joint resolution, or conference report that contains an emergency designation under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 unless the proposed emergency requirement meets the definition of an `emergency' set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. ``(c) Waiver and Appeal in the Senate.--This section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three- fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. ``(d) Enforcement in the House of Representatives.--It shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (b). ``(e) Disposition of Points of Order in the House.--As disposition of a point of order under subsection (b) or subsection (d), the Chair shall put the question of consideration with respect to the proposition that is the subject of the point of order. A question of consideration under this section shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent of the point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. ``(f) Effect on Amendment in Order as Original Text in the House.-- The disposition of the question of consideration under this section with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Rule respecting designation of legislative provision as an emergency.''.", "summary": "Common Sense Spending Act of 2005 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend discretionary spending limits through FY 2010. Repeals requirements for inclusion in a sequestration report of adjustments to discretionary limits for: (1) continuing disability reviews by the Social Security Administration; (2) specified allowances for the International Monetary Fund and international arrearages; (3) any earned income tax credit compliance initiative; (4) adoption incentive payments; and (5) conservation spending. Requires an adjustment to discretionary spending limits equal to the estimated resulting reduction in mandatory budget authority and outlays utilizing accrual methods, if enacted legislation charges Federal agencies for the full cost of accrued Federal retirement and health benefits, and an appropriations Act provides new budget authority to carry out such legislation. Revises PAYGO requirements to remove receipts from the requirement that any legislation enacted before FY 2011 affecting direct spending (currently, direct spending and receipts) that increases the deficit will trigger an offsetting sequestration. Revises the formula for calculating the amount of deficit increase or decrease by the Office of Management and Budget (OMB). Requires OMB to assume an automatic deficit increase of $8.4 billion before making such calculations for FY 2005. States that, with respect to eliminating a deficit increase, accounts shall be assumed to be at the level in the baseline for FY 2006 and for FY 2007 through 2010 at the baseline after adjusting for any sequester in FY 2005. Revises the definition of baseline to exclude emergency appropriations and legislation. Prohibits such emergency appropriations from being extended in the baseline. Amends the Congressional Budget Act of 1974 to require that the committee report and any statement of managers accompanying proposed legislation analyze whether a proposed emergency requirement meets a specified definition of \"emergency.\" Prohibits the consideration of any such legislation that does not meet this \"emergency\" definition."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Railcar Enhancement Act of 2010''. SEC. 2. CREDIT FOR FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45R. FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION CREDIT. ``(a) General Rule.--For purposes of section 38, the freight railcar replacement or modernization credit determined under this section for the taxable year is an amount equal to 25 percent of the sum of-- ``(1) the basis of any qualified freight railcar placed in service by the taxpayer during the taxable year, plus ``(2) the qualified freight railcar rebuild expenditures of the taxpayer for the taxable year. ``(b) Qualified Freight Railcar.-- ``(1) In general.--For purposes of this section, the term `qualified freight railcar' means a freight railcar which-- ``(A) is acquired or rebuilt by the taxpayer pursuant to a binding agreement entered into after the date of the enactment of this section, and ``(B) meets the capacity or fuel efficiency improvement requirements of paragraph (2). ``(2) Capacity or fuel efficiency requirements.-- ``(A) In general.--A freight railcar shall be treated as meeting the capacity or fuel efficiency requirements of this paragraph if-- ``(i) in the case of a freight railcar which is acquired by the taxpayer during the taxable year (`replacement railcar'), the taxpayer identifies another railcar (although not necessarily one being used for an identical purpose) which the taxpayer certifies-- ``(I) was removed permanently from service as a freight railcar during the taxable year, or ``(II) is being rebuilt in such a manner as to achieve a significant improvement in capacity or fuel efficiency, or ``(ii) in the case of a freight railcar rebuilt by the taxpayer, such rebuilding results in a significant improvement in capacity or fuel efficiency. ``(B) Ownership not required.--For purposes of subparagraph (A)(i), such other railcar may be one owned by the taxpayer or one owned by another taxpayer, so long as there exists a binding agreement to so remove or rebuild the railcar. ``(C) Significant improvement.--For purposes of subparagraph (A), an improvement in capacity or fuel efficiency with respect to a freight railcar shall be treated as significant if such capacity or fuel efficiency, as the case may be, is increased by at least 8 percent. ``(c) Qualified Freight Railcar Rebuild Expenditure.--For purposes of this section, the term `qualified freight railcar rebuild expenditure' means any amount paid or incurred-- ``(1) in connection with the modification of a freight railcar resulting in such railcar being a qualified freight railcar, and ``(2) which is properly chargeable to a capital account with respect to such freight railcar. ``(d) Other Special Rules.-- ``(1) Coordination with other credits.--Any amount taken into account in determining the credit under this section may not be taken into account in determining a credit under any other provision of this title. ``(2) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under subsection (a) with respect to any qualified freight railcar, the basis of such railcar shall be reduced by the amount of the credit so allowed. ``(3) Sale-leaseback.--For purposes of subsection (a)(1), if any qualified freight railcar is-- ``(A) originally placed in service by a person after [the date of the enactment of this section], and ``(B) sold and leased back by such person within 3 months after the railcars are originally placed in service (or, in the case of more than 1 railcar subject to the same lease, within 3 months after the date the final railcar is placed in service, so long as the period between the time the first railcar is placed in service and the time the last railcar is placed in service does not exceed 12 months), such railcars shall be treated as originally placed in service not earlier than the date on which such railcars are used under the leaseback referred to in subparagraph (B). ``(4) Syndication.--For purposes of subsection (a)(1), if-- ``(A) any qualified freight railcar is originally placed in service after the date of enactment of this section by the lessor of such railcar, ``(B) such railcar is sold by such lessor or any subsequent purchaser within 3 months after the date such railcar was originally placed in service (or, in the case of more than 1 railcar subject to the same lease, within 3 months after the date the final railcar is placed in service and the time the last railcar is placed in service does not exceed 12 months), and ``(C) the user of such railcar after the last sale during such 3-month period remains the same as when such railcar was originally placed in service, such railcars shall be treated as originally placed in service not earlier than the date of such last sale. ``(5) Recapture.--The benefit of any credit allowable under subsection (a) shall, under regulations prescribed by the Secretary, be recaptured with respect to any qualified freight railcar that is sold or otherwise disposed of by the taxpayer during the 5-year period beginning on the date on which such railcar is originally placed in service. The preceding sentence shall not apply to a qualified freight railcar that is sold by and subsequently leased back to the taxpayer. ``(6) Reporting requirements.--The Secretary, in consultation with the Surface Transportation Board, may develop appropriate reporting requirements for taxpayers utilizing this credit. ``(e) Termination.--This section shall not apply to any freight railcars acquired, or with respect to which at least 50 percent of the rebuilding is completed, after December 31, 2011.''. (b) Credit Allowed as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'' and by adding at the end the following new paragraph: ``(36) the freight railcar replacement or modernization credit determined under section 45R.''. (c) Coordination With Section 55.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and inserting ``, and'' and by adding at the end the following new clause: ``(ix) the credit determined under section 45R.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45Q the following new item: ``Sec. 45R. Freight railcar replacement or modernization credit.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service, and amounts paid or incurred, after December 31, 2009.", "summary": "Green Railcar Enhancement Act of 2010 - Amends the Internal Revenue Code to allow, through 2011, a new business-related tax credit for 25% of the cost of acquiring or rebuilding freight railcars which achieve an increase in capacity or fuel efficiency of at least 8%."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Sexual Assault Prevention and Health Care Enhancement Act''. SEC. 2. COMPREHENSIVE POLICY ON REPORTING AND TRACKING SEXUAL ASSAULT INCIDENTS AND OTHER SAFETY INCIDENTS. (a) Policy.--Subchapter I of chapter 17 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1709. Comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents ``(a) Policy Required.--Not later than March 1, 2012, the Secretary of Veterans Affairs shall develop and implement a centralized and comprehensive policy on the reporting and tracking of sexual assault incidents and other safety incidents that occur at each medical facility of the Department, including-- ``(1) suspected, alleged, attempted, or confirmed cases of sexual assault, regardless of whether such assaults lead to prosecution or conviction; ``(2) criminal and purposefully unsafe acts; ``(3) alcohol or substance abuse related acts (including by employees of the Department); and ``(4) any kind of event involving alleged or suspected abuse of a patient. ``(b) Scope.--The policy required by subsection (a) shall cover each of the following: ``(1) For purposes of reporting and tracking sexual assault incidents and other safety incidents, definitions of the terms-- ``(A) `safety incident'; ``(B) `sexual assault'; and ``(C) `sexual assault incident'. ``(2) The development and use of specific risk-assessment tools to examine any risks related to sexual assault that a veteran may pose while being treated at a medical facility of the Department, including clear and consistent guidance on the collection of information related to-- ``(A) the legal history of the veteran; and ``(B) the medical record of the veteran. ``(3) The mandatory training of employees of the Department on security issues, including awareness, preparedness, precautions, and police assistance. ``(4) The mandatory implementation, use, and regular testing of appropriate physical security precautions and equipment, including surveillance camera systems, computer- based panic alarm systems, stationary panic alarms, and electronic portable personal panic alarms. ``(5) Clear, consistent, and comprehensive criteria and guidance with respect to an employee of the Department communicating and reporting sexual assault incidents and other safety incidents to-- ``(A) supervisory personnel of the employee at-- ``(i) a medical facility of the Department; ``(ii) an office of a Veterans Integrated Service Network; and ``(iii) the central office of the Veterans Health Administration; and ``(B) a law enforcement official of the Department. ``(6) Clear and consistent criteria and guidelines with respect to an employee of the Department referring and reporting to the Office of Inspector General of the Department sexual assault incidents and other safety incidents that meet the regulatory criminal threshold in accordance with section 1.201 and 1.204 of title 38, Code of Federal Regulations. ``(7) An accountable oversight system within the Veterans Health Administration that includes-- ``(A) systematic information sharing of reported sexual assault incidents and other safety incidents among officials of the Administration who have programmatic responsibility; and ``(B) a centralized reporting, tracking, and monitoring system for such incidents. ``(8) Consistent procedures and systems for law enforcement officials of the Department with respect to investigating, tracking, and closing reported sexual assault incidents and other safety incidents. ``(9) Clear and consistent guidance for the clinical management of the treatment of sexual assaults that are reported more than 72 hours after the assault. ``(c) Updates to Policy.--The Secretary shall review and revise the policy required by subsection (a) on a periodic basis as the Secretary considers appropriate and in accordance with best practices. ``(d) Annual Report.--(1) Not later than 60 days after the date on which the Secretary develops the policy required by subsection (a), and by not later than October 1 of each year thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on the implementation of the policy. ``(2) The report under paragraph (1) shall include-- ``(A) the number and type of sexual assault incidents and other safety incidents reported by each medical facility of the Department; ``(B) a detailed description of the implementation of the policy required by subsection (a), including any revisions made to such policy from the previous year; and ``(C) the effectiveness of such policy on improving the safety and security of the medical facilities of the Department, including the performance measures used to evaluate such effectiveness. ``(e) Regulations.--The Secretary shall prescribe regulations to carry out this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1708 the following: ``1709. Comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents.''. (c) Interim Report.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on the development of the performance measures described in section 1709(d)(2)(C) of title 38, United States Code, as added by subsection (a). SEC. 3. INCREASED FLEXIBILITY IN ESTABLISHING PAYMENT RATES FOR NURSING HOME CARE PROVIDED BY STATE HOMES. (a) In General.-- (1) Contracts and agreements for nursing home care.-- Section 1745(a) of title 38, United States Code, is amended-- (A) in paragraph (1), by striking ``The Secretary shall pay each State home for nursing home care at the rate determined under paragraph (2)'' and inserting ``The Secretary shall enter into a contract (or agreement under section 1720(c)(1) of this title) with each State home for payment by the Secretary for nursing home care provided in the home''; and (B) by striking paragraph (2) and inserting the following new paragraph (2): ``(2) Payment under each contract (or agreement) between the Secretary and a State home under paragraph (1) shall be based on a methodology, developed by the Secretary in consultation with the State home, to adequately reimburse the State home for the care provided by the State home under the contract (or agreement).''. (2) State nursing homes.--Section 1720(c)(1)(A) of such title is amended-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iii) a provider of services eligible to enter into a contract pursuant to section 1745(a) of this title who is not otherwise described in clause (i) or (ii).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to care provided on or after January 1, 2012. SEC. 4. REHABILITATIVE SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY. (a) Rehabilitation Plans and Services.--Section 1710C of title 38, United States Code, is amended-- (1) in subsection (a)(1), by inserting before the semicolon the following: ``with the goal of maximizing the individual's independence''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``(and sustaining improvement in)'' after ``improving''; (ii) by inserting ``behavioral,'' after ``cognitive''; (B) in paragraph (2), by inserting ``rehabilitative services and'' before ``rehabilitative components''; and (C) in paragraph (3)-- (i) by striking ``treatments'' the first place it appears and inserting ``services''; and (ii) by striking ``treatments and'' the second place it appears; and (3) by adding at the end the following new subsection: ``(h) Rehabilitative Services Defined.--For purposes of this section, and sections 1710D and 1710E of this title, the term `rehabilitative services' includes-- ``(1) rehabilitative services, as defined in section 1701 of this title; ``(2) treatment and services (which may be of ongoing duration) to sustain, and prevent loss of, functional gains that have been achieved; and ``(3) any other rehabilitative services or supports that may contribute to maximizing an individual's independence.''. (b) Rehabilitation Services in Comprehensive Program for Long-term Rehabilitation.--Section 1710D(a) of title 38, United States Code, is amended-- (1) by inserting ``and rehabilitative services (as defined in section 1710C of this title)'' after ``long-term care''; and (2) by striking ``treatment''. (c) Rehabilitation Services in Authority for Cooperative Agreements for Use of Non-Department Facilities for Rehabilitation.--Section 1710E(a) of title 38, United States Code, is amended by inserting ``, including rehabilitative services (as defined in section 1710C of this title),'' after ``medical services''. (d) Technical Amendment.--Section 1710C(c)(2)(S) of title 38, United States Code, is amended by striking ``opthamologist'' and inserting ``ophthalmologist''. SEC. 5. USE OF SERVICE DOGS ON PROPERTY OF THE DEPARTMENT OF VETERANS AFFAIRS. Section 901 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f) The Secretary may not prohibit the use of service dogs in any facility or on any property of the Department or in any facility or on any property that receives funding from the Secretary.''. SEC. 6. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY. (a) In General.--Commencing not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement a three-year pilot program for the purpose of assessing the effectiveness of using dog training activities as a component of integrated post-deployment mental health and post-traumatic stress disorder rehabilitation programs at Department of Veterans Affairs medical centers to positively affect veterans with post-deployment mental health conditions and post-traumatic stress disorder symptoms and, through such activities, to produce specially trained dogs that meet criteria for becoming service dogs for veterans with disabilities. (b) Location of Pilot Program.--The pilot program shall be carried out at one Department of Veterans Affairs medical center selected by the Secretary for such purpose at a location other than in the Department of Veterans Affairs Palo Alto health care system in Palo Alto, California. In selecting a medical center for the pilot program, the Secretary shall-- (1) ensure that the medical center selected-- (A) has an established mental health rehabilitation program that includes a clinical focus on rehabilitation treatment of post-deployment mental health conditions and post-traumatic stress disorder; and (B) has a demonstrated capability and capacity to incorporate service dog training activities into the rehabilitation program; and (2) shall review and consider using recommendations published by Assistance Dogs International, International Guide Dog Federation, or comparably recognized experts in the art and science of basic dog training with regard to space, equipments, and methodologies. (c) Design of Pilot Program.--In carrying out the pilot program, the Secretary shall-- (1) administer the program through the Department of Veterans Affairs Patient Care Services Office as a collaborative effort between the Rehabilitation Office and the Office of Mental Health Services; (2) ensure that the national pilot program lead of the Patient Care Services Office has sufficient administrative experience to oversee the pilot program; (3) establish partnerships through memorandums of understanding with Assistance Dogs International organizations, International Guide Dog Federation organizations, academic affiliates, or organizations with equivalent credentials with experience in teaching others to train service dogs for the purpose of advising the Department of Veterans Affairs regarding the design, development, and implementation of pilot program; (4) ensure that the pilot program site has a service dog training instructor; (5) ensure that dogs selected for use in the program meet all health clearance, age, and temperament criteria as outlined by Assistance Dogs International, International Guide Dog Federation, or an organization with equivalent credentials and the Centers for Disease Control and Prevention; (6) consider dogs residing in animal shelters or foster homes for participation in the program if such dogs meet the selection criteria under this subsection; and (7) ensure that each dog selected for the program is taught all basic commands and behaviors essential to being accepted by an accredited service dog training organization to be partnered with a disabled veteran for final individualized service dog training tailored to meet the needs of the veteran. (d) Veteran Participation.--A veteran who is enrolled in the health care system established under section 1705(a) of title 38, United States Code, and is diagnosed with post-traumatic stress disorder or another post-deployment mental health condition may volunteer to participate in the pilot program required by subsection (a) of this section and may participate in the program if the Secretary determines that adequate program resources are available for such veteran to participate at the pilot program site. (e) Hiring Preference.--In hiring service dog training instructors for the pilot program required by subsection (a), the Secretary shall give a preference to veterans in accordance with section 2108 and 3309 of title 5, United States Code. (f) Collection of Data.--The Secretary shall collect data on the pilot program required by subsection (a) to determine the effectiveness of the program in positively affecting veterans with post-traumatic stress disorder or other post-deployment mental health condition symptoms and the potential for expanding the program to additional Department of Veterans Affairs medical centers. Such data shall be collected and analyzed using valid and reliable methodologies and instruments. (g) Reports to Congress.-- (1) Annual reports.--Not later than one year after the date of the commencement of the pilot program, and annually thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. Each such report shall include-- (A) the number of veterans participating in the pilot program; (B) a description of the services carried out by the Secretary under the pilot program; and (C) the effects that participating in the pilot program has on veterans with post-traumatic stress disorder and post-deployment mental health conditions. (2) Final report.--At the conclusion of pilot program, the Secretary shall submit to Congress a final report that includes recommendations with respect to the extension or expansion of the pilot program. (h) Definition.--For the purposes of this section, the term ``service dog training instructor'' means an instructor recognized by an accredited dog organization training program who provides hands-on training in the art and science of service dog training and handling. SEC. 7. ELIMINATION OF ANNUAL REPORT ON STAFFING FOR NURSE POSITIONS. Section 7451(e) of title 38, United States Code, is amended-- (1) by striking paragraph (5); and (2) by redesignating paragraph (6) as paragraph (5). Passed the House of Representatives October 11, 2011. Attest: KAREN L. HAAS, Clerk.", "summary": "Veterans Sexual Assault Prevention and Health Care Enhancement Act - (Sec. 2) Directs the Secretary of Veterans Affairs to develop and implement a centralized and comprehensive policy on reporting and tracking sexual assaults and other safety incidents at each medical facility of the Department of Veterans Affairs (VA), including: (1) risk-assessment tools; (2) mandatory security training; (3) physical security precautions (surveillance camera systems and panic alarm systems); (4) criteria and guidance for employees communicating and reporting incidents to specified supervisory personnel, VA law enforcement officials, and the Office of Inspector General; (5) an oversight system within the Veterans Health Administration; (6) procedures for VA law enforcement officials investigating, tracking, and closing reported incidents; and (7) clinical guidance for treating sexual assaults reported over 72 hours after assault. Requires the Secretary to submit to the congressional veterans committees: (1) an interim report on the policy's effectiveness on improving the safety and security of such facilities, and (2) annual reports on such incidents and policy implementation. (Sec. 3) Requires VA payments to state nursing homes for care provided to veterans to be based on a methodology which reimburses such home for care provided under contract. (Under current law, such payments are made according to a prescribed rate.) Includes entities eligible to enter into such contracts as authorized VA nursing home, adult day health care, or other extended care providers. (Sec. 4) Includes the goal of maximizing the individual's independence within an individualized plan for the rehabilitation of veterans with traumatic brain injury (TBI). Includes within plan objectives the sustaining of improvement in cognitive, behavioral, and vocational functioning. Includes within the VA definition of \"rehabilitative services\" treatment and services to sustain and prevent loss of functional gains, as well as any other services or supports that may contribute to maximizing an individual's independence. Includes rehabilitation services within: (1) comprehensive programs for long-term rehabilitation of veterans with TBI, and (2) cooperative agreements for the use of non-VA facilities for neurorehabilitation and recovery programs for such veterans. (Sec. 5) Prohibits the Secretary from disallowing the use of service dogs in any VA facility or property, or in any facility or property that receives VA funding. (Sec. 6) Directs the Secretary to implement a three-year pilot program to assess the effectiveness of using dog training activities as a component of integrated post-deployment mental health and post-traumatic stress disorder (PTSD) rehabilitation programs at VA medical centers to positively affect veterans with such symptoms and to produce specially trained dogs that may become service dogs for veterans with disabilities. Requires the pilot program to be carried out at one VA medical center selected by the Secretary other than the VA health care system in Palo Alto, California. Makes veteran participation voluntary. Requires the Secretary to: (1) collect program data to determine its effectiveness, as well as the potential to expand the program to additional VA medical centers; and (2) report annually to Congress for the duration of the pilot program. (Sec. 7) Eliminates a required annual report on staffing for registered nurses and certain other health-care personnel at VA facilities."}
{"article": "SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act''. (b) Purpose.--The purpose of this Act is to include in the National Wilderness Preservation System certain lands within the Rocky Mountain National Park, Colorado, in order to protect the enduring scenic and historic wilderness character and unique wildlife values of the lands as well as the scientific, educational, inspirational, and recreational resources, values, and opportunities of the lands; and to adjust the boundaries of the Indian Peaks Wilderness and the Arapaho National Recreation Area on the Arapaho National Forest in Colorado. SEC. 2. DESIGNATION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain lands within the Rocky Mountain National Park, Colorado, which comprise approximately 249,339 acres, as generally depicted on the map titled ``Rocky Mountain National Park, Colorado Wilderness Boundaries'' and dated February 2006, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The designated lands shall be known as the Rocky Mountain National Park Wilderness. (b) Map and Description.-- (1) Preparation and submission.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall prepare a map and a boundary description of the Rocky Mountain National Park Wilderness designated by subsection (a) and file the map and boundary description with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The map and boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior. (2) Treatment.--The map and boundary description prepared under paragraph (1) shall have the same force and effect as if included in this Act. The Secretary of the Interior may correct clerical and typographical errors in the map and description. (c) Potential Wilderness Lands.-- (1) Definition.--In this section, the term ``potential wilderness lands'' means-- (A) lands identified as potential wilderness on the map referred to in subsection (a); and (B) lands and interests therein acquired by the United States on or after the date of the enactment of this Act that are located within the boundaries of the Rocky Mountain National Park and are contiguous with lands designated as wilderness by this Act. (2) Inclusion in wilderness.--Upon publication in the Federal Register of a notice by the Secretary of the Interior that all uses of a parcel of potential wilderness lands inconsistent with the Wilderness Act have ceased, the parcel shall be included in the Rocky Mountain National Park Wilderness designated by subsection (a) and managed as provided in section 3. The Secretary of the Interior shall modify the map and boundary description prepared under subsection (b) to reflect the inclusion of the parcel in the Rocky Mountain National Park Wilderness. (d) Exclusion of Certain Lands.--The boundaries of the Rocky Mountain National Park Wilderness and the potential wilderness lands specifically exclude the following: (1) The Grand Ditch (including both the main canal of the Grand Ditch and a branch thereof known as the specimen Ditch) and its right-of-way as well as associated appurtenances, structures, buildings, camps, and worksites in existence as of June 1, 1998. (2) Lands owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the Inlet Ditch to such reservoir from the North St. Vrain Creek, amounting to approximately 35.38 acres. (3) Lands owned by the Wincentsen-Harms Trust, amounting to approximately 2.75 acres. (4) Lands within the area depicted as ``East Shore Trail Area'' on the map described in subsection (b). (e) East Shore Trail Area.-- (1) Alignment line and trail.-- (A) Not later than one year after the date of the enactment of this Act, the Secretary shall establish an alignment line for a trail, to be known as the East Shore Trail, located within the East Shore Trail Area, to maximize the opportunity for sustained use of the trail without harm to affected resources or conflicts among users. After establishing the alignment line, the Secretary shall identify the boundaries of the trail, but the trail shall not extend more than 25 feet east of the alignment line or be located within the Rocky Mountain National Park Wilderness. (B) Nothing in this Act shall be construed to require the construction of a trail along the alignment line established pursuant to this paragraph or to limit the extent to which any otherwise applicable laws or policies shall apply with respect to any decision regarding construction of such a trail. (2) Map adjustment.--After establishing the alignment line of the East Shore Trail, the Secretary shall adjust the map of the wilderness area designated by subsection (a) so that the western boundary of the wilderness is 50 feet east of the alignment line. (3) Other adjustments.--To the extent necessary to protect National Park resources, the Secretary from time to time may adjust the boundaries of the East Shore Trail, but no adjustment shall have the effect of placing any portion of such trail within the boundary of the wilderness area. (4) Time limitation for authorization of use by nonmotorized bicycles.--If the East Shore Trail has not been constructed and authorized for use by nonmotorized bicycles on or before the date that is 25 years after the date of the enactment of this Act, the East Shore Trail Area shall be included in the Rocky Mountain National Park Wilderness designated by subsection (a) and managed as provided in section 3, and the Secretary shall modify the map and boundary description of such wilderness area to reflect the inclusion of such lands in wilderness. (f) Relation to Lands Outside Wilderness.-- (1) Use of lands.--Except as provided in this subsection, nothing in this Act shall affect the management or use of any lands not included within the boundaries of the Rocky Mountain National Park Wilderness or the potential wilderness lands. (2) Use of motorized vehicles.--Until the date that is 25 years after the date of the enactment of this Act, no use of motorized vehicles or other motorized machinery not permitted on March 1, 2006, shall be allowed in the East Shore Trail Area, except as may be necessary for constructing or maintaining the East Shore Trail, if such construction is authorized by the Secretary. (3) Management of pending wilderness.--Pending their inclusion in wilderness pursuant to subsection (c)(2), the potential wilderness lands shall be managed to protect any wilderness characteristics and to maintain their suitability for inclusion in wilderness. SEC. 3. MANAGEMENT OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. (a) Management Generally.--Subject to valid existing rights, lands designated as wilderness by section 2(a) or subsequently included in the Rocky Mountain National Park Wilderness by section 2(c) shall be managed by the Secretary of the Interior in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act. With respect to the lands designated as wilderness by section 2(a), any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. With respect to the lands subsequently included in the Rocky Mountain National Park Wilderness by section 2(c), any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date on which the lands were included in the wilderness area. (b) Water Rights.-- (1) Findings.--Congress finds the following: (A) According to decisions of the courts of the State of Colorado, the United States has existing rights to water within the Rocky Mountain National Park. (B) Those rights are sufficient for the purposes of the Rocky Mountain National Park Wilderness as designated by section 2. (C) In light of the findings in subparagraphs (A) and (B), there is no need for this Act to effect a reservation by the United States of any additional water rights to fulfill the purposes for which the Rocky Mountain National Park Wilderness is designated. (2) No reservation.--Nothing in this Act or any action taken pursuant to this Act shall constitute either an express or implied reservation of water or water rights for any purpose. (c) Colorado-Big Thompson Project.-- (1) Current activities.--Activities on, under, or affecting the lands designated as wilderness by section 2 relating to the monitoring, operation, maintenance, repair, replacement, and use of the Colorado-Big Thompson Project and its facilities which were allowed as of June 1, 1998, shall be allowed to continue and shall not be affected by the designation of the lands as wilderness. (2) New activities.--In addition to the activities described in paragraph (1), any other activities on, under, or affecting the lands designated as wilderness by section 2 that because of emergencies or catastrophic events become necessary for the operation, maintenance, repair, replacement, and continued use of the Colorado-Big Thompson Project and its facilities shall be allowed, subject only to reasonable restrictions which are established by the Secretary of the Interior to protect the wilderness values of the lands. In implementing this paragraph, the Secretary shall not establish any restrictions on the activities that would prevent the occurrence of such necessary activities or that would reduce the water supply provided by the Colorado-Big Thompson Project or the Windy Gap Project. (3) Relation to authority in act establishing park.-- Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow development within the lands designated as wilderness by section 2 of any reclamation project not in existence as of the date of the enactment of this Act. (d) No Buffer Zones.--Congress does not intend that the designation by this Act of the Rocky Mountain National Park Wilderness creates or implies the creation of protective perimeters or buffer zones around the wilderness area. The fact that nonwilderness activities or uses can be seen or heard from within the wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area. SEC. 4. BOUNDARY ADJUSTMENT OF INDIAN PEAKS WILDERNESS AND ARAPAHO NATIONAL RECREATION AREA. (a) Indian Peaks Wilderness.--Section 3(a) of Public Law 95-450 is amended-- (1) by striking ``seventy thousand acres'' and inserting ``74,195 acres'' ; and (2) by striking ``dated July 1978'' and inserting ``dated February 2006''. (b) Arapaho National Recreation Area.--Section 4(a) of Public Law 95-450 is amended-- (1) by striking ``thirty-six thousand two hundred thirty- five acres'' and inserting ``35,235 acres''; and (2) by striking ``dated July 1978'' and inserting ``dated February 2006''. SEC. 5. AUTHORITY TO LEASE LEIFFER PROPERTY. (a) Authorization.--The provisions of section 802(a) of Public Law 105-391 (16 U.S.C. 1a-2k) shall apply to the tract of land described in subsection (b) to the same extent as if such property was part of the National Park System. (b) Land Described.--Subsection (a) applies to the tract of land near the eastern boundary of Rocky Mountain National Park in Larimer County, Colorado, administered by the National Park Service and known as the Leiffer tract.", "summary": "Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act- Designates certain lands in Rocky Mountain National Park, Colorado, as wilderness and components of the National Wilderness Preservation System, which shall be known as the Rocky Mountain National Park Wilderness. Directs the Secretary of the Interior to establish an alignment line for a trail, which shall be known as the East Shore Trail, located within the East Shore Trail Area and, after establishing the alignment line, to identify the boundaries of such Trail. Provides for the inclusion of the East Shore Trail in the Rocky Mountain National Park Wilderness if such Trail has not been constructed and authorized for use by motorized bicycles 25 years after enactment of this Act. Bars, until 25 years after this Act's enactment, the use of motorized vehicles or other motorized machinery not permitted on March 1, 2006, from being allowed in the East Shore Trail Area, except for constructing or maintaining the East Shore Trail, if such construction is authorized by the Secretary. Amends the Indian Peaks Wilderness Area, Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act to provide for a boundary adjustment of the Indian Peaks Wilderness Area and the Arapaho National Recreation Area by: (1) increasing the acreage of the Indian Peaks Wilderness Area; and (2) decreasing the acreage of the Arapaho National Recreation Area."}
{"article": "SECTION 1. PROGRAM OF IDENTIFICATION OF CERTAIN DEPORTABLE ALIENS AWAITING ARRAIGNMENT. (a) Establishment of Program.--Not later than 6 months after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Attorney General shall establish and implement a program to identify, from among the individuals who are incarcerated in local governmental incarceration facilities prior to arraignment on criminal charges, those individuals who are within 1 or more of the following classes of deportable aliens: (1) Aliens unlawfully present in the United States. (2) Aliens described in paragraph (2) or (4) of section 237(a) of the Immigration and Nationality Act (as redesignated by section 305(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996). (b) Description of Program.--The program authorized by subsection (a) shall include-- (1) the detail, to each incarceration facility selected under subsection (c), of at least one employee of the Immigration and Naturalization Service who has expertise in the identification of aliens described in subsection (a); and (2) provision of funds sufficient to provide for-- (A) the detail of such employees to each selected facility on a full-time basis, including the portions of the day or night when the greatest number of individuals are incarcerated prior to arraignment; (B) access for such employees to records of the Service and other Federal law enforcement agencies that are necessary to identify such aliens; and (C) in the case of an individual identified as such an alien, pre-arraignment reporting to the court regarding the Service's intention to remove the alien from the United States. (c) Selection of Facilities.-- (1) In general.--The Attorney General shall select for participation in the program each incarceration facility that satisfies the following requirements: (A) The facility is owned by the government of a local political subdivision described in clause (i) or (ii) of subparagraph (C). (B) Such government has submitted a request for such selection to the Attorney General. (C) The facility is located-- (i) in a county that is determined by the Attorney General to have a high concentration of aliens described in subsection (a); or (ii) in a city, town, or other analogous local political subdivision, that is determined by the Attorney General to have a high concentration of such aliens (but only in the case of a facility that is not located in a county). (D) The facility incarcerates or processes individuals prior to their arraignment on criminal charges. (2) Number of qualifying subdivisions.--For any fiscal year, the total number of local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses shall be the following: (A) For fiscal year 1999, not less than 10 and not more than 25. (B) For fiscal year 2000, not less than 25 and not more than 50. (C) For fiscal year 2001, not more than 75. (D) For fiscal year 2002, not more than 100. (E) For fiscal year 2003 and subsequent fiscal years, 100, or such other number of political subdivisions as may be specified in appropriations Acts. (3) Facilities in interior states.--For any fiscal year, of the local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses, not less than 20 percent shall be in States that are not contiguous to a land border. (4) Treatment of certain facilities.--All of the incarceration facilities within the county of Orange, California, and the county of Ventura, California, that are owned by the government of a local political subdivision, and satisfy the requirements of paragraph (1)(D), shall be selected for participation in the program. SEC. 2. STUDY AND REPORT. Not later than 1 year after the date of the enactment of this Act, the Attorney General shall complete a study, and submit a report to the Congress, concerning the logistical and technological feasibility of implementing the program under section 1 in a greater number of locations than those selected under such section through-- (1) the assignment of a single Immigration and Naturalization Service employee to more than 1 incarceration facility; and (2) the development of a system to permit the Attorney General to conduct off-site verification, by computer or other electronic means, of the immigration status of individuals who are incarcerated in local governmental incarceration facilities prior to arraignment on criminal charges. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Directs the Attorney General to implement a program to identify aliens held in local incarceration facilities prior to criminal arraignment who are illegally in the United States or who are deportable on criminal or security grounds. Requires that at least one Immigration and Naturalization Service (INS) employee with identification expertise be assigned to each program facility. Directs the Attorney General to select facilities for participation that: (1) are owned by requesting local political subdivisions; (2) are located in counties or subdivisions with high concentrations of illegal or deportable aliens; and (3) incarcerate persons prior to criminal arraignment. States that all local facilities within Orange and Ventura Counties, California, that incarcerate prior to arraignment shall be selected for program participation. Sets forth required numbers of qualifying subdivisions, beginning with FY 1999. Directs the Attorney General to report respecting future program enlargement through: (1) computer or other electronic means of off-site status verification; and (2) multiple facility assignment of INS personnel."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Education Equity Act of 2011''. SEC. 2. PROTECTING EQUITY FOR TUITION AND FEES FOR INDIVIDUALS ENTITLED TO ASSISTANCE UNDER THE POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM WHO ARE PURSUING PROGRAMS OF EDUCATION AT INSTITUTIONS OF HIGHER LEARNING. (a) In General.--Clause (i) of subparagraph (A) of paragraph (1) of subsection (c) of section 3313 of title 38, United States Code, is amended to read as follows: ``(i) In the case of a program of education pursued at a public institution of higher learning, the lesser of-- ``(I) the actual net cost for tuition and fees assessed by the institution for the program of education after the application of-- ``(aa) any waiver of, or reduction in, tuition and fees; and ``(bb) any scholarship, or other Federal, State, institutional, or employer- based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a)) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or ``(II) the greater of-- ``(aa) the actual net cost for in-State tuition and fees assessed by the institution for the program of education after the application of-- ``(AA) any waiver of, or reduction in, tuition and fees; and ``(BB) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a)) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or ``(bb) the amount equal to-- ``(AA) for the academic year beginning on August 1, 2011, $17,500; or ``(BB) for any subsequent academic year, the amount in effect for the previous academic year under this subclause, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h) of this title.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the payment of educational assistance for an academic year beginning on or after the date of the enactment of this Act.", "summary": "Veterans Education Equity Act of 2011 - Revises the formula for the payment by the Department of Veterans Affairs (VA) of tuition and fees for individuals entitled to educational assistance under the Post-9/11 Educational Assistance Program and pursuing programs of education at public institutions of higher learning to include, as an additional payment formula, the greater of: (1) the actual net costs for in-state tuition after applying the receipt of any tuition waivers, reductions, scholarships, or other assistance; or (2) $17,500 for the academic year beginning on August 1, 2011 (such amount to be increased each subsequent year by the average percentage increase in undergraduate tuition costs)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rhinoceros and Tiger Conservation Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) the populations of all but 1 species of rhinoceros, and the tiger, have significantly declined in recent years and continue to decline; (2) these species of rhinoceros and tiger are listed as endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249) (referred to in this Act as ``CITES''); (3) the Parties to CITES have adopted several resolutions-- (A) relating to the conservation of tigers (Conf. 9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging Parties to CITES to implement legislation to reduce illegal trade in parts and products of the species; and (B) relating to trade in readily recognizable parts and products of the species (Conf. 9.6), and trade in traditional medicines (Conf. 10.19), recommending that Parties ensure that their legislation controls trade in those parts and derivatives, and in medicines purporting to contain them; (4) a primary cause of the decline in the populations of tiger and most rhinoceros species is the poaching of the species for use of their parts and products in traditional medicines; (5) there are insufficient legal mechanisms enabling the United States Fish and Wildlife Service to interdict products that are labeled or advertised as containing substances derived from rhinoceros or tiger species and prosecute the merchandisers for sale or display of those products; and (6) legislation is required to ensure that-- (A) products containing, or labeled or advertised as containing, rhinoceros parts or tiger parts are prohibited from importation into, or exportation from, the United States; and (B) efforts are made to educate persons regarding alternatives for traditional medicine products, the illegality of products containing, or labeled or advertised as containing, rhinoceros parts and tiger parts, and the need to conserve rhinoceros and tiger species generally. SEC. 3. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 1994. Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5302) is amended by adding at the end the following: ``(3) To prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger.''. SEC. 4. DEFINITION OF PERSON. Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5303) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) `person' means-- ``(A) an individual, corporation, partnership, trust, association, or other private entity; ``(B) an officer, employee, agent, department, or instrumentality of-- ``(i) the Federal Government; ``(ii) any State, municipality, or political subdivision of a State; or ``(iii) any foreign government; ``(C) a State, municipality, or political subdivision of a State; or ``(D) any other entity subject to the jurisdiction of the United States.''. SEC. 5. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS. The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.) is amended-- (1) by redesignating section 7 as section 9; and (2) by inserting after section 6 the following: ``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS. ``(a) Prohibition.--A person shall not sell, import, or export, or attempt to sell, import, or export, any product, item, or substance intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. ``(b) Penalties.-- ``(1) Criminal penalty.--A person engaged in business as an importer, exporter, or distributor that knowingly violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 6 months, or both. ``(2) Civil penalties.-- ``(A) In general.--A person that knowingly violates subsection (a), and a person engaged in business as an importer, exporter, or distributor that violates subsection (a), may be assessed a civil penalty by the Secretary of not more than $12,000 for each violation. ``(B) Manner of assessment and collection.--A civil penalty under this paragraph shall be assessed, and may be collected, in the manner in which a civil penalty under the Endangered Species Act of 1973 may be assessed and collected under section 11(a) of that Act (16 U.S.C. 1540(a)). ``(c) Products, Items, and Substances.--Any product, item, or substance sold, imported, or exported, or attempted to be sold, imported, or exported, in violation of this section or any regulation issued under this section shall be subject to seizure and forfeiture to the United States. ``(d) Regulations.--After consultation with the Secretary of the Treasury, the Secretary of Health and Human Services, and the United States Trade Representative, the Secretary shall issue such regulations as are appropriate to carry out this section. ``(e) Enforcement.--The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this section in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)). ``(f) Use of Penalty Amounts.--Amounts received as penalties, fines, or forfeiture of property under this section shall be used in accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)).''. SEC. 6. EDUCATIONAL OUTREACH PROGRAM. The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.) (as amended by section 5) is amended by inserting after section 7 the following: ``SEC. 8. EDUCATIONAL OUTREACH PROGRAM. ``(a) In General.--Not later than 180 days after the date of enactment of this section, the Secretary shall develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. ``(b) Guidelines.--The Secretary shall publish in the Federal Register guidelines for the program. ``(c) Contents.--Under the program, the Secretary shall publish and disseminate information regarding-- ``(1) laws protecting rhinoceros and tiger species, in particular laws prohibiting trade in products containing, or labeled or advertised as containing, their parts; ``(2) use of traditional medicines that contain parts or products of rhinoceros and tiger species, health risks associated with their use, and available alternatives to the medicines; and ``(3) the status of rhinoceros and tiger species and the reasons for protecting the species.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5306) (as redesignated by section 5(1)) is amended by striking ``1996, 1997, 1998, 1999, and 2000'' and inserting ``1996 through 2002''. Passed the Senate October 8 (legislative day, October 2), 1998. Attest: Secretary. 105th CONGRESS 2d Session S. 361 _______________________________________________________________________ AN ACT To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger, and to reauthorize the Rhinoceros and Tiger Conservation Act of 1994, and for other purposes.", "summary": "Rhinoceros and Tiger Conservation Act of 1998 - Amends the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. Sets forth both criminal and civil penalties. Directs the Secretary of the Interior to develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. Authorizes appropriations through FY 2002."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless Microphone Users Interference Protection Act of 2013''. SEC. 2. ELIGIBILITY FOR PART 74 LICENSES. Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall take such actions as are necessary to expand eligibility for licenses under section 74.832 of title 47, Code of Federal Regulations, to the owners of, and operators of events and performances at, the following sites: (1) Amusement parks. (2) Arenas. (3) Convention centers. (4) Educational facilities. (5) Houses of worship. (6) Lodging facilities. (7) Museums. (8) Outdoor venues. (9) Recording studios. (10) Theaters. SEC. 3. EXPANDING SCOPE OF SERVICE RULE. Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall expand the scope of service and permissible transmissions currently set forth in section 74.831 of title 47, Code of Federal Regulations, to include the use of wireless microphones in rehearsals and live or recorded events and performances by the persons and entities made eligible for licenses pursuant to section 2 of this Act. SEC. 4. SAFE HAVEN CHANNELS. The Federal Communications Commission shall establish 2 safe haven channels for exclusive use by wireless microphone users that are each 6 MHz in the spectrum ranging from 470 MHz to 698 MHz, inclusive, other than frequencies identified as guard bands and the mid-band gap between the frequencies designated for uplink and downlink service in auctioned 600 MHz spectrum. SEC. 5. ACCESS TO TV BANDS DATABASES. (a) Authorization.--The Federal Communications Commission shall authorize the owners and operators of wireless microphones (and their appointed technical representatives) to have access to the TV bands databases described in subpart H of part 15 of title 47, Code of Federal Regulations, for the purpose of protecting wireless microphone operations from interference. (b) Registration Sites.--Sites that may be registered in the TV bands databases as sites where wireless microphone operations shall be protected pursuant to subsection (a) include the following: (1) Amusement parks. (2) Arenas. (3) Convention centers. (4) Educational facilities. (5) Houses of worship. (6) Lodging facilities. (7) Museums. (8) Outdoor venues. (9) Recording studios. (10) Restaurants. (11) Theaters. SEC. 6. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Amusement park.--The term ``amusement park'' means a commercially operated park equipped with various recreational devices, entertainment, and typically booths for games and the sale of food and drink. (2) Arena.--The term ``arena'' means any building or structure primarily used for an athletic contest, sporting event, or musical performance, such as a stadium or racetrack. (3) Convention center.--The term ``convention center'' means any civic building or group of buildings designed for events, such as conventions, industrial shows, and exhibitions, and which often includes an auditorium, a conference or meeting room, hotel accommodations, a restaurant, or other facilities. (4) Educational facility.--The term ``educational facility'' means any building, place, or institution where instruction to students is provided, including any daycare center, nursery school, public or private school, college or university, career or technical education school, or corporate training center. (5) House of worship.--The term ``house of worship'' means any building, place, or institution devoted to religious worship, including a church, synagogue, temple, mosque, or chapel. (6) Lodging facility.--The term ``lodging facility'' means any individual hotel, motel, or inn that makes accommodation available on a temporary basis for a charge. (7) Museum.--The term ``museum'' means a building, place, or institution devoted to the procurement, care, study, and display of works of art, scientific specimens, and other objects of lasting interest or value. (8) Outdoor venue.--The term ``outdoor venue'' means any outdoor place or area where a fair, concert, sporting event, circus, festival, exhibition, or civic ceremony or presentation is held, such as a fairground, golf course, or pavilion. Such term includes a place or area that is partially enclosed. (9) Recording studio.--The term ``recording studio'' means any facility used primarily for the commercial production or recording of live or prerecorded music, television, motion picture, or other kind of news, sports, entertainment, educational, or religious programming. (10) Restaurant.--The term ``restaurant'' means an establishment where meals may be purchased and consumed. (11) Theater.--The term ``theater'' means any place, building, enclosure, or structure with a seating capacity that is used for a dramatic performance, stage entertainment, musical performance, or motion picture show. (12) Wireless microphone.--The term ``wireless microphone'' means a low power auxiliary station, as defined in subpart H of part 74 of title 47, Code of Federal Regulations, as of the date of enactment of this Act.", "summary": "Wireless Microphone Users Interference Protection Act of 2013 - Directs the Federal Communications Commission (FCC) to expand eligibility for specified licenses authorizing the operation of low power auxiliary stations to the owners of, and operators of events and performances at: amusement parks, arenas, convention centers, educational facilities, houses of worship, lodging facilities, museums, outdoor venues, recording studios, and theaters. Requires the FCC to: (1) expand scope of service and permissible transmission regulations to include the use of wireless microphones in rehearsals and live or recorded events and performances by such licensees, and (2) establish two safe haven channels for exclusive use by wireless microphone users. Directs the FCC to authorize owners and operators of wireless microphones to have access to TV bands databases to protect wireless microphone operations from interference. (The purpose of the TV bands database is to provide unlicensed Television Band Devices [TVBDs] with the available TV channels at the TVBD's location and to register fixed TVBDs and other locations protected from interference that are not otherwise recorded in FCC licensing databases.) Permits restaurants, as well as the persons and entities made eligible for licenses by this Act, to be registered in such databases as sites where wireless microphone operations shall be protected from interference."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Device Safety Monitoring Act''. SEC. 2. DEVICE PILOT PROJECTS. (a) Postmarket Pilot.--Section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i) is amended by adding at the end the following: ``(i) Pilot Projects.-- ``(1) In general.--In order to provide timely and reliable information on the safety and effectiveness of cleared or approved devices, including responses to adverse events and malfunctions, and to advance the objectives of part 803 of title 21, Code of Federal Regulations (or successor regulations), and advance the objectives of, and evaluate innovative new methods of compliance with, this section and section 522, the Secretary shall, within one year of the date of enactment of this subsection, initiate one or more pilot projects for voluntary participation by a manufacturer or manufacturers of device or device type, or continue existing projects in accordance with paragraph (3), that meet all of the following requirements: ``(A) Are designed to efficiently generate reliable and timely safety and active surveillance data for use by the Secretary or manufacturers of the devices that are involved in the pilot project. ``(B) Inform the development of methods, systems, data criteria, and programs that could be used to support safety and active surveillance activities for devices not included in such project. ``(C) Are designed and conducted in coordination with a comprehensive system for evaluating medical device technology that operates under a governing board with appropriate representation of stakeholders, including consumer groups and device manufacturers. ``(D) Use electronic health data including claims data, patient survey data, and any other data, as the Secretary determines appropriate. ``(E) Prioritize devices and device types that meet one or more of the following criteria: ``(i) Devices and device types for which the collection and analysis of real world evidence regarding a device's safety and effectiveness is likely to advance public health. ``(ii) Devices and device types that are widely used. ``(iii) Devices and device types, the failure of which has significant health consequences. ``(iv) Devices and device types for which the Secretary has received public recommendations in accordance with paragraph (2)(B) and has determined to meet one of the criteria under clauses (i) through (iii) and is appropriate for a project under this subsection. ``(2) Participation.--The Secretary shall establish the conditions and processes for-- ``(A) authorizing voluntary participation of a manufacturer of a device in the pilot project described in paragraph (1); and ``(B) facilitating public recommendations for devices to be prioritized under the pilot project described in paragraph (1), including requirements for the data necessary to support such recommendation. ``(3) Implementation.--The Secretary may satisfy the requirements of paragraphs (1) and (2) by continuing or expanding existing projects, or by beginning new projects, that meet the criteria of subparagraphs (A) through (E) of paragraph (1) or by entering into contracts, cooperative agreements, grants, or other appropriate agreements with public or private entities that have a significant presence in the United States, and meet the following additional conditions: ``(A) If such public or private entities are a component of another organization, the entities have established appropriate security measures to maintain the confidentiality and privacy of the data described in paragraph (1)(D) and the entity shall not make an unauthorized disclosure of such data to the other components of the organization in breach of such confidentiality and privacy requirements. ``(B) In the case of the termination or nonrenewal of such contracts, cooperative agreements, grants, or other appropriate agreements, the entities shall comply with each of the following: ``(i) Continue to comply with the confidentiality and privacy requirements under this subsection with respect to all data disclosed to the entity. ``(ii) Return any data disclosed to such entity under this subsection to which it would not otherwise have access or, if returning the data is not practicable, destroy the data. ``(C) Have at least one of the following qualifications: ``(i) Research, statistical, epidemiologic, or clinical capability and expertise to conduct and complete the activities under this subsection, including the capability and expertise to provide the Secretary access to de-identified data consistent with the requirements of this subsection. ``(ii) An information technology infrastructure in place to support electronic data and operational standards to provide security for such data, as appropriate. ``(iii) Experience with, and expertise on, the development of device safety and effectiveness research and surveillance using electronic health data. ``(iv) Other expertise which the Secretary determines necessary to fulfill the activities under this subsection. ``(4) Review of contract in the event of a merger or acquisition.--The Secretary shall review a contract with a qualified entity under this subsection in the event of a merger or acquisition of the entity in order to ensure that the requirements under this subsection will continue to be met. ``(5) Report to congress.--Not later than 18 months after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing a description of the pilot projects being conducted pursuant to this subsection, including for each pilot project-- ``(A) how the project is being implemented in accordance with paragraph (3) and the contractor or grantee as applicable; ``(B) the number of manufacturers that have agreed to participate; ``(C) the data sources used; ``(D) the devices or device categories involved; and ``(E) the number of patients involved. ``(6) Compliance with requirements for records or reports on devices.--The participation of a manufacturer in a pilot project under this subsection shall not affect the eligibility of such manufacturer to participate in any quarterly reporting program implemented under this Act. The Secretary may determine that, for the specified time period to be determined by the Secretary, a manufacturer's participation in a pilot project under this subsection may meet certain other requirements of this section or section 522 if-- ``(A) the project has demonstrated success in capturing relevant adverse event information; and ``(B) the Secretary has established procedures for making adverse event and safety information collected from the pilot public, to the extent possible, if collected pursuant to this section or section 522. ``(7) Privacy requirements.--With respect to the pilot projects conducted pursuant to this subsection-- ``(A) individual identifiable health information shall not be disclosed when presenting any information from such project; and ``(B) such projects shall comply with section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and sections 552 and 552a of title 5, United States Code. ``(8) Other compliance.--Any pilot program undertaken in coordination with the comprehensive system described in paragraph (1)(C), including pilot projects under this subsection, that relates to the use of real world evidence for devices shall comply with paragraph (1)(B), the conditions listed in subparagraphs (A) and (B) of paragraph (3), and paragraphs (4), (5), (6), and (7). ``(9) Sunset.--This subsection shall cease to have force or effect on October 1, 2022.''. (b) Report.--Not later than January 31, 2021, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall conduct a review through an independent third party to evaluate the strengths, limitations, and appropriate use of evidence collected pursuant to real world evidence pilot projects described in the letters described in section 201(b) of the Medical Device User Fee Amendments of 2017 and subsection (i) of section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i), as amended by subsection (a), for informing premarket and postmarket decisionmaking for multiple device types, and to determine whether the methods, systems, and programs in such pilot projects efficiently generate reliable and timely evidence about the effectiveness or safety surveillance of devices.", "summary": "Medical Device Safety Monitoring Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to support pilot projects in order to provide timely and reliable information on the safety and effectiveness of marketed medical devices. The projects must: (1) be designed to generate safety and active surveillance data, (2) inform support for safety and active surveillance activities, (3) be coordinated with a system for evaluating medical device technology that operates under a board with representation from consumer groups and device manufacturers, and (4) use electronic health data. The FDA may determine that a manufacturer's participation in a pilot project satisfies requirements regarding reporting or postmarket surveillance if the project captures adverse event information and the FDA has established procedures to publish safety information from the project. Not later than January 31, 2021, the FDA must evaluate real world evidence pilot projects, such as the ones supported by this bill, for their ability to inform decision-making and efficiently generate evidence about the safety or effectiveness of medical devices."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strong Forests Grow Strong Communities Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Annual volume requirement.-- (A) In general.--The term ``annual volume requirement'', with respect to a unit of the National Forest System, means a volume of national forest materials no less than 50 percent of the sustained yield of the unit. (B) Exclusions.--In determining the volume of national forest materials or the sustained yield of a Forest Reserve Revenue Area, the Secretary may not include non-commercial post and pole sales and personal use firewood. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate. (3) National forest materials.--The term ``national forest materials'' has the meaning given that term in section 14(e)(1) of the National Forest Management Act of 1976 (16 U.S.C. 472a(e)(1)). (4) National forest system.--The term ``National Forest System'' has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), except that the term does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) Sustained yield.--The term ``sustained yield'' means the maximum annual growth potential of the forest calculated on the basis of the culmination of mean annual increment using cubic measurement. (7) State.--The term ``State'' includes the Commonwealth of Puerto Rico. SEC. 3. ANNUAL VOLUME REQUIREMENT. (a) Publication.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register, make available on the website of the Forest Service, and submit to the appropriate congressional committees the annual volume requirement for each unit of the National Forest System. (b) Revision.--Upon publication of the annual volume requirement for a unit of the National Forest System under subsection (a), the Secretary may not reduce the annual volume requirement for that unit without the consent of Congress in a law enacted after the date of the enactment of this Act. SEC. 4. MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS TO SATISFY ANNUAL VOLUME REQUIREMENTS. (a) Requirement To Achieve Annual Volume Requirement.--The Secretary shall manage the sale of national forest materials in each unit of the National Forest System in the manner necessary so that the annual volume requirement for that unit is met each calendar year. (b) Application of Land and Resource Management Plan.--The Secretary may modify the standards and guidelines contained in the land and resource management plan for a unit of the National Forest System as necessary so as to meet the annual volume requirement for that unit. (c) Compliance With Endangered Species Act.-- (1) Non-jeopardy assessment.--If the Secretary determines that a sale of national forest materials may affect the continued existence of any species listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), the Secretary shall issue a determination explaining the view of the Secretary that the proposed sale is not likely to jeopardize the continued existence of the species. (2) Submission, review, and response.-- (A) Submission.--The Secretary shall submit a determination issued by the Secretary under paragraph (1) to the Secretary of the Interior or the Secretary of Commerce, as appropriate. (B) Review and response.--Within 30 days after receiving a determination under subparagraph (A), the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall provide a written response to the Secretary concurring in or rejecting the Secretary's determination. If the Secretary of the Interior or the Secretary of Commerce rejects the determination, the written response shall include recommendations for measures that-- (i) will avoid the likelihood of jeopardy to an endangered or threatened species; (ii) can be implemented in a manner consistent with the intended purpose of the sale; (iii) can be implemented consistent with the scope of the Secretary's legal authority and jurisdiction; and (iv) are economically and technologically feasible. (3) Formal consultation.--If the Secretary of the Interior or the Secretary of Commerce rejects a determination issued by the Secretary under paragraph (1), the Secretary of the Interior or the Secretary of Commerce also is required to engage in formal consultation with the Secretary. The Secretaries shall complete such consultation pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) within 90 days after the submission of the written response under paragraph (2). SEC. 5. STATE MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS WHEN ANNUAL VOLUME REQUIREMENTS ARE NOT MET. (a) Request by State To Manage Unit.-- (1) Submission of request; when authorized.--If the Secretary fails to meet the annual volume requirement for a unit of the National Forest System for five calendar years, whether consecutively or over a longer than five-year period, the State in which the unit is located may submit to the Secretary a request to enter into a cooperative agreement with the Secretary for purposes of managing the unit. (2) Role of political subdivisions.--A State that undertakes the management of a unit of the National Forest System under this section may conduct such management directly, through an agreement with a political subdivision of the State in which National Forest System lands of that unit are located, or through contracts with third parties. (3) Treatment of units located in multiple states.--If a unit of the National Forest System is located in more than one State, a State's request under paragraph (1) shall cover only those National Forest System lands of that unit located in that State. (b) Approval of Request.--Not later than 90 days after the date on which the Secretary receives the request under subsection (a), the Secretary shall approve the request and enter into the cooperative agreement unless the Secretary determines that-- (1) the State has failed to demonstrate that it has sufficient funds to manage the unit of the National Forest System for the production of national forest materials; (2) the request is incomplete; or (3) the proposed cooperative agreement submitted with the request fails to address all of the items specified in subsection (f). (c) Opportunity To Amend Request.-- (1) Notice of denial.--If the Secretary denies a request received under subsection (a) on the basis of one or more of the reasons authorized by subsection (b), the Secretary shall provide the State with a clear and comprehensive statement of-- (A) the reasons why the request was denied; and (B) any deficiencies in the request or the related proposed cooperative agreement. (2) Resubmission.--After receiving a notice from the Secretary under paragraph (1), a State may amend and resubmit the denied request. (d) Request and Cooperative Agreement Deemed Approved.--If the Secretary does not approve or deny a request submitted under subsection (a) or (c)(2) within the 90 days after receiving the request, the request and the proposed cooperative agreement submitted with the request shall be deemed approved. (e) Request Contents.--A request submitted under subsection (a) shall include-- (1) a letter signed by the Governor of the State addressed to the Secretary that identifies the unit of the National Forest System that the State will manage for the production of national forest materials; (2) the proposed cooperative agreement for State management of the unit; (3) the proposed role of political subdivisions of the State in the management of National Forest System lands of the unit located within the political subdivisions; and (4) documentation that demonstrates the ability of the State to provide sufficient funds to manage the unit for the duration of the cooperative agreement. (f) Elements of Cooperative Agreement.--The cooperative agreement entered into by the Secretary and the Governor of a State for the management of a unit of the National Forest System shall address the following: (1) The State's management of the unit after the effective date of the transfer of management to the State for a specified term of years. (2) A cost-sharing agreement under which the State will provide a certain amount (equal to not less than 50 percent), in cash or in-kind, of the total amount required for the management of the unit. (3) The amount to be contributed by the State shall be determined by the Governor of the State and the Secretary, only after the Secretary submits to the State a categorical assessment of all costs, in the recent past and anticipated during the duration of the cooperative agreement, of managing the unit, including employee salary data. (4) In the event of a natural disaster, as categorized by the Federal Emergency Management Agency, the State shall assume authority over recovery initiatives (nullifying any existing established Federal response protocol) so that-- (A) the cost of damages to any structure on the unit be shared by both State and Federal entities at a ratio in accordance to the cost-sharing agreement; and (B) the cost and administration of repair of damages resulting from natural disasters, not including structures referred to in subparagraph (A), shall be assumed by the State rather than the Federal Government. (5) All revenue accrued from fees, royalties, and other revenues related to the unit shall be distributed to the State and Federal entities in accordance to the percentages dictated by the cost-sharing agreement and shall be used so that the percentage of funds designated to the Federal entity shall be made available to the Secretary for use at the sole discretion of the Secretary. (6) The procedures to be followed for purposes of the transition from Federal to State management of the unit, including-- (A) a guarantee that all Federal employees managing the unit may remain employed without infringement upon their existing conditions of employment; (B) a guarantee that the State may use its percentage of the amounts required for the management of the unit to hire additional staff whose terms of employment shall be decided by the State; and (C) authority over the unit shall be directed by the State and a State-appointed manager, but the implementation of its directives may include the existing Federal superintendent concerned and performed in conjunction with State employees. (7) The transfer to the State of any special use permits issued to the Secretary with respect to the unit. (8) A provision stating that lands currently open to mineral entry under the Act of May 10, 1872 (commonly referred to as the General Mining Act of 1872; 30 U.S.C. 22 et seq.), shall remain open to mineral entry under State law unless subsequently changed by a State mineral closing order. (g) Applicability of State Law on Qualifying Federal Lands Under Cooperative Agreement.--State environmental, wildlife, and land management laws shall supercede Federal environmental, wildlife, and land management laws on a unit of the National Forest System managed by a State under a cooperative agreement in place under this section. (h) Ownership.--Notwithstanding State management of a unit of the National Forest System under a cooperative agreement entered into under this section, the United States shall retain all right, title, and interest in and to the National Forest System lands within the unit. (i) Termination of Cooperative Agreement.--A cooperative agreement applicable under this section shall terminate, at the discretion of the Secretary, under the following circumstances: (1) The State defaults on a payment, thereby requiring Federal entities to assume responsibility for the financial liabilities. (2) The State is in substantial breach of the cooperative agreement as determined by a court of the United States. (3) The cooperative agreement terminates under a term contained in that agreement. SEC. 6. ANNUAL REPORT. (a) Report Required.--Not later than 60 days after the end of each calendar year, the Secretary shall submit to the appropriate congressional committees an annual report specifying-- (1) the annual volume requirement in effect for that calendar year for each unit of the National Forest System; (2) the units that did not meet the annual volume requirement; (3) the units under State management pursuant to section 5; (4) the volume of board feet actually harvested for each unit; (5) the average cost of preparation for sales of national forest materials; and (6) the revenues generated from such sales. (b) Form of Report.--In addition to submitting each report to Congress, the Secretary shall also make the report available on the website of the Forest Service.", "summary": "Strong Forests Grow Strong Communities Act of 2014 - Directs the Secretary of Agriculture (USDA) to publish in the Federal Register and make available on the Forest Service website, the annual volume requirement for each unit of the National Forest System (NFS). Defines the "annual volume requirement" for an NFS unit as a volume of national forest materials (trees, portions of trees, or forest products from NFS lands) that is at least 50% of the unit's sustained yield. Prohibits the Secretary from reducing the annual volume requirement for a unit without the consent of a new Act of Congress. Requires the Secretary to manage the sale of national forest materials in each NFS unit in the manner necessary so that the annual volume requirement for that unit is met each calendar year. Directs the Secretary, if a sale of national forest materials may affect the continued existence of any endangered or threatened species, to issue a determination explaining the view that the proposed sale is not likely to jeopardize the continued existence of that species. Authorizes the state in which an NFS unit is located, if the Secretary fails to meet the annual volume requirement for that unit for five calendar years, whether consecutively or over a longer than five-year period, to request a cooperative agreement with the Secretary for purposes of managing the unit. Permits a state that undertakes the management of an NFS unit to conduct the management directly, through an agreement with a political subdivision of the state, or through contracts with third parties. Limits a state's request to only those NFS lands of a unit located in the state if the unit covers more than one state. Declares that state environmental, wildlife, and land management laws shall supercede federal environmental, wildlife, and management laws on an NSF unit managed by a state under a cooperative agreement in place pursuant to this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Encouraging Work and Supporting Marriage Act of 2002''. TITLE I--ACCELERATION OF MARRIAGE PENALTY RELIEF SEC. 101. ACCELERATION OF INCREASE IN STANDARD DEDUCTION FOR JOINT RETURNS. (a) In General.--Paragraph (7) of section 63(c) of the Internal Revenue Code of 1986, as amended by section 301 of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended to read as follows: ``(7) Applicable percentage.--For purposes of paragraph (2), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- percentage is-- 2003 or 2004........................... 170 2005................................... 174 2006................................... 184 2007................................... 187 2008................................... 190 2009 and thereafter.................... 200.''. (b) Conforming Amendment.--Subsection (d) of section 301 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``December 31, 2004'' and inserting ``December 31, 2002''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. TITLE II--MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK CREDIT SEC. 201. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK CREDIT. (a) Eligibility of Ex-Felons Determined Without Regard to Family Income.--Paragraph (4) of section 51(d) of the Internal Revenue Code of 1986 is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking all that follows subparagraph (B). (b) Increase in Maximum Age for Eligibility of Food Stamp Recipients.--Clause (i) of section 51(d)(8)(A) of such Code is amended by striking ``25'' and inserting ``30''. (c) Clarification of Treatment of Individuals Under Individual Work Plans.--Subparagraph (B) of section 51(d)(6) of such Code (relating to vocational rehabilitation referral) is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) an individual work plan developed and implemented by an employment network pursuant to subsection (g) of section 1148 of the Social Security Act with respect to which the requirements of such subsection are met.'' (d) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2002. SEC. 202. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK CREDIT. (a) In General.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(I) a long-term family assistance recipient.'' (b) Long-Term Family Assistance Recipient.--Subsection (d) of section 51 of such Code is amended by redesignating paragraphs (10) through (12) as paragraphs (11) through (13), respectively, and by inserting after paragraph (9) the following new paragraph: ``(10) Long-term family assistance recipient.--The term `long-term family assistance recipient' means any individual who is certified by the designated local agency-- ``(A) as being a member of a family receiving assistance under a IV-A program (as defined in paragraph (2)(B)) for at least the 18-month period ending on the hiring date, ``(B)(i) as being a member of a family receiving such assistance for 18 months beginning after August 5, 1997, and ``(ii) as having a hiring date which is not more than 2 years after the end of the earliest such 18- month period, or ``(C)(i) as being a member of a family which ceased to be eligible for such assistance by reason of any limitation imposed by Federal or State law on the maximum period such assistance is payable to a family, and ``(ii) as having a hiring date which is not more than 2 years after the date of such cessation.'' (c) Increased Credit for Employment of Long-Term Family Assistance Recipients.--Section 51 of such Code is amended by inserting after subsection (d) the following new subsection: ``(e) Credit for Second-Year Wages for Employment of Long-Term Family Assistance Recipients.-- ``(1) In general.--With respect to the employment of a long-term family assistance recipient-- ``(A) the amount of the work opportunity credit determined under this section for the taxable year shall include 40 percent of the qualified second-year wages for such year, and ``(B) in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such a recipient shall not exceed $10,000 per year. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a long-term family assistance recipient, and ``(B) which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such recipient is an employee to whom subparagraph (A) or (B) of subsection (h)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$10,000' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$833.33' for `$500'.''. (d) Repeal of Separate Welfare-to-Work Credit.-- (1) In general.--Section 51A of such Code is hereby repealed. (2) Clerical amendment.--The table of sections for subpart F of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 51A. (e) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2002. Passed the House of Representatives May 21, 2002. Attest: JEFF TRANDAHL, Clerk.", "summary": "Encouraging Work and Supporting Marriage Act of 2002 - Amends the Internal Revenue Code to increase the standard deduction for the married filing jointly category beginning in calendar year 2003.Modifies the work opportunity credit by: (1) repealing the requirement that a \"qualified ex-felon\" be a member of a low-income (as specified) family; (2) increasing the maximum age for eligibility of food stamp recipients to 30 years; (3) redefining the term \"vocational rehabilitation referral\"; (4) adding \"long-term family assistance recipients\" (as defined) to the definition of \"targeted groups\"; and (5) increasing the maximum allowable credit for employment of long-term family assistance recipients.Repeals the separate welfare-to-work credit."}
{"article": "SECTION 1. IMPROVED PROTECTION FOR CONSUMERS. (a) Verification of Authorization.--Subsection (a) of section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended to read as follows: ``(a) Prohibition.-- ``(1) In general.--No telecommunications carrier or reseller of telecommunications services shall submit or execute a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with this section and such verification procedures as the Commission shall prescribe. ``(2) Verification.-- ``(A) In general.--In order to verify a subscriber's selection of a telephone exchange service or telephone toll service provider under this section, the telecommunications carrier or reseller shall, at a minimum, require the subscriber-- ``(i) to acknowledge the type of service to be changed as a result of the selection; ``(ii) to affirm the subscriber's intent to select the provider as the provider of that service; ``(iii) to affirm that the consumer is the subscriber or is authorized to select the provider of that service for the telephone number in question; ``(iv) to acknowledge that the selection of the provider will result in a change in providers of that service; and ``(v) to provide such other information as the Commission considers appropriate for the protection of the subscriber. ``(B) Additional requirements.--The procedures prescribed by the Commission to verify a subscriber's selection of a provider shall-- ``(i) preclude the use of negative option marketing; ``(ii) provide for verification of a change in telephone exchange service or telephone toll service provider in oral, written, or electronic form; and ``(iii) require the retention of such verification in such manner and form and for such time as the Commission considers appropriate. ``(3) Intrastate services.--Nothing in this section shall preclude any State commission from enforcing such procedures with respect to intrastate services. ``(4) Section not to apply to wireless.--This section does not apply to a provider of commercial mobile service, as that term is defined in section 332(d)(1) of this Act.''. (b) Resolution of Complaints.--Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended by adding at the end thereof the following: ``(c) Notice to Subscriber.--Whenever there is a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service, the telecommunications carrier or reseller selected shall notify the subscriber in writing, not more than 15 days after the change is processed by the telecommunications carrier or the reseller-- ``(1) of the subscriber's new carrier; and ``(2) that the subscriber may request information regarding the date on which the change was agreed to and the name of the individual who authorized the change. ``(d) Resolution of Complaints.-- ``(1) Prompt resolution.-- ``(A) In general.--The Commission shall prescribe a period of time, not in excess of 120 days after a telecommunications carrier or reseller receives notice, for the telecommunications carrier or reseller to resolve a complaint by a subscriber concerning an unauthorized change in the subscriber's selection of a provider of telephone exchange service or telephone toll service. ``(B) Unresolved complaints.--If a telecommunications carrier or reseller fails to resolve a complaint within the time period prescribed by the Commission, then, within 10 days after the end of that period, the telecommunications carrier or reseller shall-- ``(i) notify the subscriber in writing of the subscriber's right to file a complaint with the Commission concerning the unresolved complaint, the subscriber's rights under this section, and all other remedies available to the subscriber concerning unauthorized changes; ``(ii) inform the subscriber in writing of the procedures prescribed by the Commission for filing such a complaint; and ``(iii) provide the subscriber a copy of any evidence in the carrier's or reseller's possession showing that the change in the subscriber's provider of telephone exchange service or telephone toll service was submitted or executed in accordance with the verification procedures prescribed under subsection (a). ``(2) Resolution by commission.--The Commission shall provide a simplified process for resolving complaints under paragraph (1)(B). The simplified procedure shall preclude the use of interrogatories, depositions, discovery, or other procedural techniques that might unduly increase the expense, formality, and time, involved in the process. The Commission shall issue an order resolving any such complaint at the earliest date practicable, but in no event later than-- ``(A) 150 days after the date on which it received the complaint, with respect to liability issues; and ``(B) 90 days after the date on which it resolves a complaint, with respect to damages issues, if such additional time is necessary. ``(3) Damages awarded by commission.--In resolving a complaint under paragraph (1)(B), the Commission may award damages equal to the greater of $500 or the amount of actual damages. The Commission may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. ``(e) Penalty.-- ``(1) In general.--Unless the Commission determines that there are mitigating circumstances, violation of subsection (a) is punishable by a fine of not less than $40,000 for the first offense, and not less than $150,000 for each subsequent offense. ``(2) Failure to notify treated as violation of subsection (a).--If a telecommunications carrier or reseller fails to comply with the requirements of subsection (d)(1)(B), then that failure shall be treated as a violation of subsection (a). ``(f) Recovery of Fines.--The Commission may take such action as may be necessary-- ``(1) to collect any fines it imposes under this section; and ``(2) on behalf of any subscriber, any damages awarded the subscriber under this section. ``(g) Change Includes Initial Selection.--For purposes of this section, the initiation of service to a subscriber by a telecommunications carrier or a reseller shall be treated as a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service.''. (c) State Right-of-Action.--Section 258 of the Communications Act of 1934 (47 U.S.C. 258), as amended by subsection (b), is amended by adding at the end thereof the following: ``(h) Actions by States.-- ``(1) Authority of states.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that a telecommunications carrier or reseller has engaged or is engaging in a pattern or practice of changing telephone exchange service or telephone toll service provider without authority from subscribers in that State in violation of this section or the regulations prescribed under this section, the State may bring a civil action on behalf of its residents to enjoin such unauthorized changes, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. ``(2) Exclusive jurisdiction of federal courts.--The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. ``(3) Rights of commission.--The State shall serve prior written notice of any such civil action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right-- ``(A) to intervene in the action; ``(B) upon so intervening, to be heard on all matters arising therein; and ``(C) to file petitions for appeal. ``(4) Venue; service of process.--Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. ``(5) Investigatory powers.--For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(6) Effect on state court proceedings.--Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(7) Limitation.--Whenever the Commission has instituted a civil action for violation of regulations prescribed under this section, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. ``(8) Definition.--As used in this subsection, the term `attorney general' means the chief legal officer of a State. ``(i) State Law Not Preempted.--Nothing in this section or in the regulations prescribed under this section shall preempt any State law that imposes more restrictive intrastate requirements or regulations on, or which prohibits unauthorized changes in, a subscriber's selection of a provider of telephone exchange service or telephone toll service.''. (d) Report on Carriers Executing Unauthorized Changes of Telephone Service.-- (1) Report.--Not later than October 31, 1998, the Federal Communications Commission shall submit to Congress a report on unauthorized changes of subscribers' selections of providers of telephone exchange service or telephone toll service. (2) Elements.--The report shall include the following: (A) A list of the 10 telecommunications carriers that, during the 1-year period ending on the date of the report, were subject to the highest number of complaints of having executed unauthorized changes of subscribers from their selected providers of telephone exchange service or telephone toll service when compared with the total number of subscribers served by such carriers. (B) The telecommunications carriers, if any, assessed fines under section 258(e) of the Communications Act of 1934 (as added by subsection (c)), during that period, including the amount of each such fine and whether the fine was assessed as a result of a court judgment or an order of the Commission or was secured pursuant to a consent decree. SEC. 2. REPORT ON TELEMARKETING PRACTICES. (a) In General.--The Federal Communications Commission shall issue a report within 180 days after the date of enactment of this Act on the telemarketing practices used by telecommunications carriers or resellers or their agents or employees for the purpose of soliciting changes by subscribers of their telephone exchange service or telephone toll service provider. (b) Specific Issues.--As part of the report required under subsection (a), the Commission shall include findings on-- (1) the extent to which imposing penalties on telemarketers would deter unauthorized changes in a subscriber's selection of a provider of telephone exchange service or telephone toll service; (2) the need for rules requiring third-party verification of changes in a subscriber's selection of such a provider; and (3) whether wireless carriers should continue to be exempt from the verification and retention requirements imposed by section 258(a)(2)(B)(iii) of the Communications Act of 1934 (47 U.S.C. 258(a)(2)(B)(iii)). (c) Rulemaking.--If the Commission determines that particular telemarketing practices are being used with the intention to mislead, deceive, or confuse subscribers and that they are likely to mislead, deceive, or confuse subscribers, then the Commission shall initiate a rulemaking to prohibit the use of such practices within 120 days after the completion of its report.", "summary": "Amends the Communications Act of 1934 to prohibit a telecommunications carrier or a reseller of telecommunications services from submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or toll service, except in accordance with this Act and Federal Communications Commission (FCC) verification procedures. Requires a carrier or reseller, in verifying a subscriber's selection of a telephone exchange or toll service provider, to require the subscriber to: (1) acknowledge the type of service to be changed by the selection; (2) affirm the intent to select the service provider; (3) affirm that the consumer is the subscriber or is authorized to make such selection for that telephone number; (4) acknowledge that such selection will result in a change of service provider; and (5) provide any other such information the FCC considers appropriate for the subscriber's protection. Requires FCC selection verification procedures to: (1) preclude the use of negative option marketing; (2) provide for verification of a change of provider in oral, written, or electronic form; and (3) require the retention of such verification in a manner and form and for such time as the FCC considers appropriate. Makes the above provisions inapplicable to providers of commercial mobile service. Requires a carrier or reseller selected by a subscriber to notify the subscriber in writing not more than 15 days after the change is processed by the carrier or reseller: (1) of the subscriber's new carrier; and (2) that the subscriber may request information regarding the date of the change and the individual authorizing the change. Requires the FCC to: (1) prescribe a period not to exceed 120 days after receipt of notice of a complaint of an unauthorized change for the carrier or reseller to resolve such complaint; and (2) provide a simplified process for resolving such complaints. Authorizes the FCC, in resolving a complaint, to award damages of: (1) the greater amount of $500 or actual damages; or (2) three times such amount. Provides penalties for violations of this Act and authorizes the FCC to collect fines and damages. Treats an initiation of service as a change in a subscriber's selection for purposes of this Act. Authorizes a State, when it has reason to believe that a carrier or reseller has or is engaged in a practice of changing service providers without subscriber authority, to bring an action on behalf of its residents to enjoin such changes and to recover damages. Gives Federal courts exclusive jurisdiction over such actions. Requires FCC notification of, and authorizes FCC intervention in, any such action. Requires the FCC to report to the Congress on unauthorized changes in subscribers' providers. (Sec. 2) Directs the FCC to issue a report on the telemarketing practices used by carriers or resellers to solicit changes by subscribers in their service providers. Authorizes the FCC to initiate a rulemaking to prohibit particular practices it determines are being used with the intention to mislead, deceive, or confuse subscribers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Health Benefits Provider Integrity Amendments of 1997''. SEC. 2. DEBARMENT AND OTHER SANCTIONS. (a) Amendments.--Section 8902a of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``and'' at the end of subparagraph (B); (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) the term `should know' means that a person, with respect to information, acts in deliberate ignorance of, or in reckless disregard of, the truth or falsity of the information, and no proof of specific intent to defraud is required.''; and (B) in paragraph (2)(A), by striking ``subsection (b) or (c)'' and inserting ``subsection (b), (c), or (d)''; (2) in subsection (b)-- (A) by striking ``The Office of Personnel Management may bar'' and inserting ``The Office of Personnel Management shall bar''; and (B) by amending paragraph (5) to read as follows: ``(5) Any provider that is currently suspended or excluded from participation under any program of the Federal Government involving procurement or nonprocurement activities.''; (3) by redesignating subsections (c) through (i) as subsections (d) through (j), respectively, and by inserting after subsection (b) the following: ``(c) The Office may bar the following providers of health care services from participating in the program under this chapter: ``(1) Any provider-- ``(A) whose license to provide health care services or supplies has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider's professional competence, professional performance, or financial integrity; or ``(B) that surrendered such a license while a formal disciplinary proceeding was pending before such an authority, if the proceeding concerned the provider's professional competence, professional performance, or financial integrity. ``(2) Any provider that is an entity directly or indirectly owned, or with a 5 percent or more controlling interest, by an individual who is convicted of any offense described in subsection (b), against whom a civil monetary penalty has been assessed under subsection (d), or who has been debarred from participation under this chapter. ``(3) Any individual who directly or indirectly owns or has a controlling interest in an entity and who knows or should know of the action constituting the basis for the entity's conviction of any offense described in subsection (b), assessment with a civil monetary penalty under subsection (d), or debarment from participation under this chapter. ``(4) Any provider that the Office determines, in connection with claims presented under this chapter, has charged for health care services or supplies in an amount substantially in excess of such provider's customary charge for such services or supplies (unless the Office finds there is good cause for such charge), or charged for health care services or supplies which are substantially in excess of the needs of the covered individual or which are of a quality that fails to meet professionally recognized standards for such services or supplies. ``(5) Any provider that the Office determines has committed acts described in subsection (d).''; (4) in subsection (d) (as so redesignated by paragraph (3)) by amending paragraph (1) to read as follows: ``(1) in connection with claims presented under this chapter, that a provider has charged for a health care service or supply which the provider knows or should have known involves-- ``(A) an item or service not provided as claimed, ``(B) charges in violation of applicable charge limitations under section 8904(b), or ``(C) an item or service furnished during a period in which the provider was debarred from participation under this chapter pursuant to a determination by the Office under this section, other than as permitted under subsection (g)(2)(B);''; (5) in subsection (f) (as so redesignated by paragraph (3)) by inserting after ``under this section'' the first place it appears the following: ``(where such debarment is not mandatory)''; (6) in subsection (g) (as so redesignated by paragraph (3))-- (A) by striking ``(g)(1)'' and all that follows through the end of paragraph (1) and inserting the following: ``(g)(1)(A) Except as provided in subparagraph (B), debarment of a provider under subsection (b) or (c) shall be effective at such time and upon such reasonable notice to such provider, and to carriers and covered individuals, as shall be specified in regulations prescribed by the Office. Any such provider that is debarred from participation may request a hearing in accordance with subsection (h)(1). ``(B) Unless the Office determines that the health or safety of individuals receiving health care services warrants an earlier effective date, the Office shall not make a determination adverse to a provider under subsection (c)(5) or (d) until such provider has been given reasonable notice and an opportunity for the determination to be made after a hearing as provided in accordance with subsection (h)(1).''; (B) in paragraph (3)-- (i) by inserting ``of debarment'' after ``notice''; and (ii) by adding at the end the following: ``In the case of a debarment under paragraph (1), (2), (3), or (4) of subsection (b), the minimum period of debarment shall not be less than 3 years, except as provided in paragraph (4)(B)(ii).''; (C) in paragraph (4)(B)(i)(I) by striking ``subsection (b) or (c)'' and inserting ``subsection (b), (c), or (d)''; and (D) by striking paragraph (6); (7) in subsection (h) (as so redesignated by paragraph (3)) by striking ``(h)(1)'' and all that follows through the end of paragraph (2) and inserting the following: ``(h)(1) Any provider of health care services or supplies that is the subject of an adverse determination by the Office under this section shall be entitled to reasonable notice and an opportunity to request a hearing of record, and to judicial review as provided in this subsection after the Office renders a final decision. The Office shall grant a request for a hearing upon a showing that due process rights have not previously been afforded with respect to any finding of fact which is relied upon as a cause for an adverse determination under this section. Such hearing shall be conducted without regard to subchapter II of chapter 5 and chapter 7 of this title by a hearing officer who shall be designated by the Director of the Office and who shall not otherwise have been involved in the adverse determination being appealed. A request for a hearing under this subsection shall be filed within such period and in accordance with such procedures as the Office shall prescribe by regulation. ``(2) Any provider adversely affected by a final decision under paragraph (1) made after a hearing to which such provider was a party may seek review of such decision in the United States District Court for the District of Columbia or for the district in which the plaintiff resides or has his or her principal place of business by filing a notice of appeal in such court within 60 days after the date the decision is issued, and by simultaneously sending copies of such notice by certified mail to the Director of the Office and to the Attorney General. In answer to the appeal, the Director of the Office shall promptly file in such court a certified copy of the transcript of the record, if the Office conducted a hearing, and other evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and evidence of record, a judgment affirming, modifying, or setting aside, in whole or in part, the decision of the Office, with or without remanding the case for a rehearing. The district court shall not set aside or remand the decision of the Office unless there is not substantial evidence on the record, taken as whole, to support the findings by the Office of a cause for action under this section or unless action taken by the Office constitutes an abuse of discretion.''; and (8) in subsection (i) (as so redesignated by paragraph (3))-- (A) by striking ``subsection (c)'' and inserting ``subsection (d)''; and (B) by adding at the end the following: ``The amount of a penalty or assessment as finally determined by the Office, or other amount the Office may agree to in compromise, may be deducted from any sum then or later owing by the United States to the party against whom the penalty or assessment has been levied.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Exceptions.--(A) Paragraphs (2), (3), and (5) of section 8902a(c) of title 5, United States Code, as amended by subsection (a)(3), shall apply only to the extent that the misconduct which is the basis for debarment under such paragraph (2), (3), or (5), as applicable, occurs after the date of the enactment of this Act. (B) Paragraph (1)(B) of section 8902a(d) of title 5, United States Code, as amended by subsection (a)(4), shall apply only with respect to charges which violate section 8904(b) of such title for items or services furnished after the date of the enactment of this Act. (C) Paragraph (3) of section 8902a(g) of title 5, United States Code, as amended by subsection (a)(6)(B), shall apply only with respect to debarments based on convictions occurring after the date of the enactment of this Act. SEC. 3. AMENDMENT TO THE SOCIAL SECURITY ACT. Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 1320a- 7b(f)(1)), as amended by section 204(a)(7) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2000), is amended by striking ``(other than the health insurance program under chapter 89 of title 5, United States Code)''.", "summary": "Federal Employees Health Benefits Provider Integrity Amendments of 1997 - Amends Federal law, with respect to Federal employees' health insurance coverage under the Federal Employees Health Benefits Program (FEHB), to revise provisions regarding the debarment of any health care provider found to have engaged in fraudulent practices, including requiring (currently permitting) debarment for certain fraudulent practices. (Sec. 3) Amends the Social Security Act, as amended by the Health Insurance Portability and Accountability Act of 1996, to apply certain criminal health antifraud and abuse sanctions to fraud and abuse involving the FEHB Program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Rights Act''. SEC. 2. LABOR ORGANIZATION DUES. (a) Dues Not Deductible From Pay.--Chapter 71 of title 5, United States Code, is amended by striking section 7115 and inserting the following: ``Sec. 7115. Labor organization dues ``(a) Dues Not Deductible From Pay.-- ``(1) In general.--An agency may not deduct any amount from the pay of an employee for the dues of a labor organization. ``(2) Restriction.--Appropriated funds may not be used to pay an employee who makes deductions described in paragraph (1). ``(3) Definition.--For purposes of this subsection, the term `agency' means-- ``(A) an Executive agency (as defined in section 105), the United States Postal Service, and the Postal Regulatory Commission; ``(B) an office, agency, or other establishment in the legislative branch; ``(C) an office, agency, or other establishment in the judicial branch; and ``(D) the government of the District of Columbia. ``(b) Prohibition on Use of Dues for Political Purposes.-- ``(1) In general.--Employee dues collected by a labor organization pursuant to this chapter may not be used for any purpose not directly related to the organization's collective bargaining activities on behalf of the employee under this chapter unless, after a notice period of not less than 35 days, the employee authorizes such use in writing. ``(2) Expiration.--An authorization under paragraph (1) shall-- ``(A) expire not later than 1 year after the date on which such authorization is signed by the employee; and ``(B) not provide for an automatic renewal of any authorization under this subsection.''. (b) Postal Service Amendment.--Section 1205 of title 39, United States Code, is amended to read as follows: ``Sec. 1205. Prohibition on use of dues for political purposes ``(a) Employee dues collected by a labor organization pursuant to this chapter may not be used for any purpose not directly related to the organization's collective bargaining activities on behalf of the employee under this chapter unless, after a notice period of not less than 35 days, the employee authorizes such use in writing. ``(b) An authorization under subsection (a) shall-- ``(1) expire not later than 1 year after the date on which such authorization is signed by the employee; and ``(2) not provide for an automatic renewal of any authorization under this subsection.''. (c) Clerical Amendments.-- (1) Title 5.--The table of sections at the beginning of chapter 71 of title 5, United States Code, is amended by striking the item relating to section 7115 and inserting the following: ``7115. Labor organization dues.''. (2) Title 39.--The table of sections at the beginning of chapter 12 of title 39, United States Code, is amended by striking the item relating to section 1205 and inserting the following: ``1205. Prohibition on use of dues for political purposes.''. (d) Effective Dates; Transition Provisions.-- (1) Effective date.--The amendments made by this section shall take effect on the date of enactment of this section. (2) Transition provisions.-- (A) Current deductions for dues of an exclusive representative.--Nothing in this section shall, in the case of an assignment received before the date of enactment of this section under subsection (a) of section 7115 of title 5, United States Code (as then in effect), cause the termination of such assignment before-- (i) the date on which such assignment is revoked, in accordance with the last sentence of such subsection (a) (as last in effect before such date of enactment); or (ii) if earlier, the date determined under paragraph (1) or (2) of subsection (b) of such section 7115 (as last in effect before such date of enactment). (B) Current deductions for dues of other labor organizations.--Nothing in this section shall, in the case of a voluntary allotment made before the date of enactment of this section under subsection (c) of section 7115 of title 5, United States Code (as then in effect), cause the termination of such allotment before the date on which the underlying agreement (under authority of which such allotment is being made) ceases to have effect, whether by reason of section 7115(c)(2)(B) of such title 5 (as last in effect before such date of enactment) or otherwise. (C) Current deductions for dues of a labor organization from postal service employees.--Nothing in this section shall, in the case of a written assignment received before the date of enactment of this section under section 1205 of title 39, United States Code (as then in effect), cause the termination of such assignment before the date on which such assignment-- (i) is revoked in accordance with such section (as last in effect before such date of enactment); or (ii) otherwise expires. (3) Nonrenewability.-- (A) In general.--An agreement between an agency and a labor organization, entered into before the date of enactment of this section under subsection (a) or (c) of section 7115 of such title 5 (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such labor organization, be subject to renewal or extension. (B) Postal service.--A written assignment received by the United States Postal Service under section 1205 of title 39, United States Code (as then in effect) or an agreement between the United States Postal Service and any organization of employees in effect pursuant to 1205(b) of such title (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such organization, be subject to renewal or extension. (4) Definitions.--For purposes of this subsection, the terms ``agency'', ``exclusive representative'', and ``labor organization'' have the respective meanings given such terms in section 7103 of title 5, United States Code. SEC. 3. REQUIRE MAJORITY VOTE OF EMPLOYEES IN A UNIT TO JOIN UNION. (a) In General.--Section 7111 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``who cast valid ballots in the election''; (2) in subsection (b)(1)(A), by striking ``30 percent'' and inserting ``more than 50 percent''; and (3) in subsection (f)(4), by striking ``voting'' and insert ``in the appropriate unit''. (b) Postal Service Amendments.--Section 1203 of title 39, United States Code, is amended-- (1) in subsection (c)(1), by striking ``a substantial number of employees'' and inserting ``a majority of employees in a unit''; and (2) in subsection (d), by striking ``30 percent'' and inserting ``more than 50 percent''. (c) Application.--The amendments made by subsections (a) and (b) shall apply to any applicable election or petition filed after the date of enactment of this Act. SEC. 4. USE OF PERSONAL INFORMATION. (a) In General.--Section 7111 of title 5, United States Code, is amended by adding at the end the following: ``(h) During any organizing activity conducted under this chapter, an employee may elect, in writing, to withhold the employee's personal information from a labor organization.''. (b) Postal Service Amendment.--Section 1203 of title 39, United States Code, is further amended by adding at the end the following: ``(f) During any organizing activity conducted under this chapter, an employee may elect, in writing, to withhold the employee's personal information from a labor organization.''. SEC. 5. REQUIREMENT FOR SECRET PAPER BALLOT ELECTIONS. (a) In General.--Section 7111(d) of title 5, United States Code, is amended by adding at the end after the period the following: ``Any election under this chapter shall be a secret paper ballot election.''. (b) Postal Service Amendment.--Section 1204(a) of title 39, United States Code, is amended by adding at the end after the period the following: ``Any election under this chapter shall be a secret paper ballot election.''.", "summary": "Federal Employee Rights Act This bill repeals current authority allowing the deduction of labor organization dues from employee pay and prohibits federal agencies, including executive, legislative, and judicial agencies, the U.S. Postal Service, the Postal Regulatory Commission, and the government of the District of Columbia, from deducting any amount from the pay of an employee for the dues of a labor organization. The bill prohibits employee dues collected by a labor organization from being used for any purpose not directly related to the organization's collective bargaining activities without employee authorization. The bill requires a vote of more than 50% of all employees (not just employees who cast ballots) to approve union representation and extends this requirement to postal service employees. An employee may elect, in writing, to withhold personal information from a labor organization during organizing activity. The bill requires that all elections relating to labor representation, including elections involving postal service employees, have secret paper ballots."}
{"article": "SECTION 1. HIGHWAY FUEL TAX SUSPENSION. (a) Temporary Suspension of Highway Fuel Taxes on Gasoline and Diesel Fuel.-- (1) In general.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Suspension of Taxes on Gasoline and Diesel Fuel.-- ``(1) In general.--During the applicable period, each rate of tax referred to in paragraph (2) shall be reduced to zero cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are-- ``(A) the rate of tax otherwise applicable to gasoline under clause (i) of subsection (a)(2)(A), determined with regard to subsection (a)(2)(B), ``(B) the rate of tax otherwise applicable to diesel fuel under clause (iii) of subsection (a)(2)(A), determined with regard to subsection (a)(2)(B), and ``(C) the rate of tax otherwise applicable to diesel fuel under paragraph (1) of section 4041(a) with respect to fuel sold for use or used in a diesel- powered highway vehicle. ``(3) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning on May 26, 2008, and ending on September 1, 2008. ``(4) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 and to the Leaking Underground Storage Tank Trust Fund under 9508, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section or section 4041.''. (2) Effective date.--The amendment made by this subsection shall take effect on the date of the enactment of this Act. (b) Floor Stock Refunds.-- (1) In general.--If-- (A) before the tax suspension date, a tax referred to in section 4081(f)(2) of the Internal Revenue Code of 1986 has been imposed under such Code on any liquid, and (B) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer''), against the taxpayer's subsequent semi-monthly deposit of such tax, an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on the tax suspension date. (2) Time for filing claims; certifications necessary to file claims.-- (A) In general.--No credit or refund shall be allowed or made under this subsection-- (i) unless claim therefore is filed with the Secretary before the date which is 6 months after the tax suspension date, and (ii) in any case where liquid is held by a dealer (other than the taxpayer) on the tax suspension date, unless the taxpayer files with the Secretary-- (I) a certification that the taxpayer has given a credit to such dealer with respect to such liquid against the dealer's first purchase of liquid from the taxpayer subsequent to the tax suspension date, and (II) a certification by such dealer that such dealer has given a credit to a succeeding dealer (if any) with respect to such liquid against the succeeding dealer's first purchase of liquid from such dealer subsequent to the tax suspension date. (B) Reasonableness of claims certified.--Any certification made under subparagraph (A) shall include an additional certification that the claim for credit was reasonably based on the taxpayer's or dealer's past business relationship with the succeeding dealer. (3) Definitions.--For purposes of this subsection-- (A) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (B) the term ``tax suspension date'' means May 26, 2008. (4) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. (c) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any liquid on which tax would have been imposed under section 4081 of the Internal Revenue Code of 1986 during the applicable period but for the amendment made by subsection (a), and which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax in an amount equal to the tax which would be imposed on such liquid had the taxable event occurred on the floor stocks tax date. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the date which is 6 months after the floor stocks tax date. (3) Definitions.--For purposes of this subsection-- (A) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (B) Gasoline and diesel fuel.--The terms ``gasoline'' and ``diesel fuel'' have the respective meanings given such terms by section 4083 of such Code. (C) Floor stocks tax date.--The term ``floor stocks tax date'' means September 2, 2008. (D) Applicable period.--The term ``applicable period'' means the period described in section 4081(f)(3) of such Code. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to gasoline or diesel fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of such Code is allowable for such use. (5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on gasoline or diesel fuel held in the tank of a motor vehicle. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1)-- (i) on gasoline (other than aviation gasoline) held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (ii) on diesel fuel held on such date by any person if the aggregate amount of diesel fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (7) Other law applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this paragraph, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081. (d) Secretary.--For purposes of this section, the term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (e) Passthrough to Consumers.-- (1) Sense of congress.--It is the senses of Congress that-- (A) consumers immediately receive the benefit of the reduction in taxes resulting from the amendment made by subsection (a), and (B) transportation motor fuels producers and other dealers take such actions as necessary to reduce transportation motor fuels prices to reflect such reduction, including immediate credits to customer accounts representing tax refunds allowed as credits against excise tax deposit payments under the floor stocks refund provisions of subsection (b). (2) Study and enforcement.--The Federal Trade Commission and the Commodities Futures Trading Commission shall use all applicable authorities to monitor oil, diesel, and gasoline markets to ensure that the benefit of the reduction in taxes resulting from the amendment made by subsection (a) is received by consumers. SEC. 2. TEMPORARY OIL PROFIT FEE. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--TEMPORARY FEE ON EXCESS OIL PROFIT ``Sec. 5896. Imposition of fee. ``Sec. 5897. Excess profit; etc. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF FEE. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any applicable taxpayer an excise fee in an amount equal to 50 percent of the excess profit of such taxpayer for any taxable year beginning during 2008. ``(b) Applicable Taxpayer.--For purposes of this chapter, the term `applicable taxpayer' means, with respect to operations in the United States-- ``(1) any integrated oil company (as defined in section 291(b)(4)), and ``(2) any other producer or refiner of crude oil with gross receipts from the sale of such crude oil or refined oil products for the taxable year exceeding $1,000,000,000. ``SEC. 5897. EXCESS PROFIT; ETC. ``(a) General Rule.--For purposes of this chapter, the term `excess profit' means the excess of the adjusted taxable income of the applicable taxpayer for the taxable year over the reasonably inflated average profit for such taxable year. ``(b) Adjusted Taxable Income.--For purposes of this chapter, with respect to any applicable taxpayer, the adjusted taxable income for any taxable year is equal to the taxable income for such taxable year (within the meaning of section 63 and determined without regard to this subsection) increased by any interest expense deduction, charitable contribution deduction, and any net operating loss deduction carried forward from any prior taxable year. In the case of any applicable taxpayer which is a foreign corporation, the adjusted taxable income shall be determined with respect to such income which is effectively connected with the conduct of a trade or business in the United States. ``(c) Reasonably Inflated Average Profit.--For purposes of this chapter, with respect to any applicable taxpayer, the reasonably inflated average profit for any taxable year is an amount equal to the average of the adjusted taxable income of such taxpayer for taxable years beginning during the 2000-2004 taxable year period (determined without regard to the taxable year with the highest adjusted taxable income in such period) plus 10 percent of such average. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Withholding and Deposit of Fee.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the fee imposed under section 5896. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information as the Secretary may by regulations prescribe. ``(c) Return of Fee.--The Secretary shall provide for the filing and the time of such filing of the return of the fee imposed under section 5896. ``(d) Crude Oil.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(e) Businesses Under Common Control.--For purposes of this chapter, all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56--Temporary Fee on Excess Oil Profit''. (c) Deductibility of Fee.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The fee imposed by section 5896.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning in 2008. SEC. 3. SUSPENSION OF PETROLEUM ACQUISITION FOR STRATEGIC PETROLEUM RESERVE. (a) In General.--Except as provided in subsection (b) and notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act and ending on December 31, 2008, the Secretary of Energy shall suspend acquisition of petroleum for the Strategic Petroleum Reserve through the royalty-in-kind program or any other acquisition method. (b) Resumption.--The Secretary of Energy may resume acquisition of petroleum for the Strategic Petroleum Reserve through the royalty-in- kind program or any other acquisition method under subsection (a) not earlier than 30 days after the date on which the Secretary notifies Congress that the Secretary has determined that the weighted average price of petroleum in the United States for the most recent 90-day period is $75 or less per barrel. SEC. 4. PRICE GOUGING AND MARKET MANIPULATION. The Federal Trade Commission and the Commodities Futures Trading Commission shall use all applicable authorities to monitor oil, diesel, and gasoline markets to prevent price gouging and market manipulation in such markets.", "summary": "Amends the Internal Revenue Code to suspend excise taxes on gasoline and diesel fuels between May 26, 2008, and September 1, 2008. Provides for reimbursement from the Treasury to the Highway Trust Fund for any reduction in Trust Fund receipts resulting from such suspension. Expresses the sense of Congress that: (1) consumers immediately receive the benefit of the reduction in taxes resulting from the suspension of gasoline excise taxes; and (2) transportation motor fuels producers and other dealers take necessary actions to reduce fuel prices to reflect such reduction in taxes. Directs the Federal Trade Commission (FTC) and the Commodity Futures Trading Commission (CFTC) to monitor oil, diesel, and gasoline markets to: (1) ensure that consumers receive the benefit resulting from the suspension of taxes; and (2) prevent price gouging and market manipulation. Imposes in taxable years beginning in 2008 an excise fee of 50% of the excess profit of integrated oil companies and other producers or refiners of crude oil with gross receipts exceeding $1 billion. Defines \"excess profit\" for purposes of this Act. Directs the Secretary of Energy to suspend acquisition of petroleum for the Strategic Petroleum Reserve through the royalty-in-kind program or any other acquisition method until December 31, 2008. Permits an earlier resumption of petroleum acquisition for periods when the weighted average price of petroleum is $75 or less per barrel."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Puget Sound Regional Shellfish Settlement Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Tribes have established treaty rights to take shellfish from public and private tidelands in Washington State, including from some lands owned, leased, or otherwise subject to harvest by commercial shellfish Growers; (2) the district court that adjudicated the Tribes' treaty rights to take shellfish found that the Growers are innocent purchasers who had no notice of the Tribes' fishing right when they acquired their properties; (3) numerous unresolved issues remain outstanding regarding implementation of the Tribes' treaty right to take shellfish from lands owned, leased, or otherwise subject to harvest by the Growers; (4) the Tribes, the Growers, the State of Washington, and the United States Department of the Interior have resolved by a Settlement Agreement many of the disputes between and among them regarding implementation of the Tribes' treaty right to take shellfish from covered tidelands owned or leased by the Growers; (5) the Settlement Agreement does not provide for resolution of any claims to take shellfish from lands owned or leased by the Growers that potentially may be brought in the future by ``Other Tribes''; (6) in the absence of congressional actions, the prospect of ``Other Tribes'' claims to take shellfish from lands owned or leased by the Growers could be pursued through the courts, a process which in all likelihood could consume many years and thereby promote uncertainty in the State of Washington and the Growers and to the ultimate detriment of both the Tribes and Other Tribes and their members; (7) in order to avoid this uncertainty, it is the intent of Congress that Other Tribes have the option of resolving their claims, if any, to a treaty right to take shellfish from covered tidelands owned or leased by the Growers; and (8) this Act represents a good faith effort on the part of Congress to extend to Other Tribes the same fair and just option of resolving their claims to take shellfish from covered tidelands owned or leased by the Growers that the Tribes have agreed to in the Settlement Agreement. (b) Purpose.--The purposes of this Act are-- (1) to approve, ratify, and confirm the Settlement Agreement entered into by and among the Tribes, commercial shellfish growers, the State of Washington and the United States on _____, 2006; (2) to provide Other Tribes with a fair and just resolution of any claims to take shellfish from ``covered tidelands'', as that term is defined in the Settlement Agreement, that potentially could be brought in the future by Other Tribes; and (3) to authorize the Secretary to implement the terms and conditions of the Settlement Agreement and this Act. SEC. 3. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the Puget Sound Shellfish Settlement Trust Fund Account established by this Act. (2) Growers.--The term ``Growers'' means Taylor United, Inc.; Olympia Oyster Company; G.R. Clam & Oyster Farm; Cedric E. Lindsay; Minterbrook Oyster Company; Charles and Willa Murray; Skookum Bay Oyster Company; J & G Gunstone Clams, Inc.; and all persons who qualify as ``growers'' in accordance with and pursuant to the Settlement Agreement. (3) Other tribes.--The term ``Other Tribes'' means any federally recognized Indian nation or tribe other than the Tribes defined by this section that, within 20 years after the deposit of funds in the Special Holding Account, establishes a legally enforceable treaty right to take shellfish from covered tidelands described in the Settlement Agreement, owned, leased or otherwise subject to harvest by those persons or entities that qualify as Growers. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Settlement agreement.--The term ``Settlement Agreement'' means the Settlement Agreement entered into by and between the Tribes, commercial shellfish Growers, the State of Washington and the United States, signed on _________, 2006, to resolve certain disputes between and among them regarding implementation of the Tribes' treaty right to take shellfish from certain covered tidelands owned, leased or otherwise subject to harvest by the Growers. (6) Tribes.--The term ``Tribes'' means the following federally recognized Tribes that executed the Settlement Agreement: Tulalip, Stillaguamish, Sauk Suiattle, Puyallup, Squaxin Island, Makah, Muckleshoot, Upper Skagit, Nooksack, Nisqually, Skokomish, Port Gamble S'Klallam, Lower Elwha Klallam, Jamestown S'Klallam, and Suquamish Tribes, the Lummi Nation, and the Swinomish Indian Tribal Community. (7) Special holding account.--The term ``Special Holding Account'' means the Puget Sound Shellfish Settlement Special Holding Account established by this Act. SEC. 4. APPROVAL OF SETTLEMENT AGREEMENT. (a) In General.--The Settlement Agreement is hereby approved, ratified, and confirmed, and section 6 of the Settlement Agreement, Release of Claims, is specifically adopted and incorporated into this Act as if fully set forth herein. (b) Authorization for Implementation.--The Secretary is hereby authorized to implement the terms and conditions of the Settlement Agreement in accordance with the Settlement Agreement and this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated the sum of $23,500,000 to carry out this Act as follows: (1) $2,000,000 for fiscal year 2007. (2) $5,000,000 for each of fiscal years 2008 through 2010. (3) $6,500,000 for fiscal year 2011. SEC. 6. FUND, SPECIAL HOLDING ACCOUNT, AND CONDITIONS. (a) Puget Sound Regional Shellfish Settlement Trust Fund.-- (1) There is hereby established in the Treasury of the United States an account to be designated as the ``Puget Sound Regional Shellfish Settlement Trust Fund''. The Secretary shall deposit funds in the amount of $22,000,000 at such time as appropriated pursuant to section 5 into the Fund. (2) The Fund shall be maintained and invested by the Secretary of the Interior pursuant to the Act of June 24, 1938 as amended (25 U.S.C. 162a) until such time that all monies are transferred from the Fund. (3) The Secretary shall transfer monies held in the Fund to each Tribe of the Tribes in the amounts and manner specified by and in accordance with the payment agreement established pursuant to the Settlement Agreement and this Act. (b) Puget Sound Regional Shellfish Settlement Special Holding Account.-- (1) There is hereby established in the Treasury of the United States a fund to be designated as the ``Puget Sound Regional Shellfish Settlement Special Holding Account''. The Secretary shall deposit funds in the amount of $1,500,000 into the Special Holding Account in fiscal year 2011 at such time as appropriated pursuant to section 5. (2) The Special Holding Account shall be maintained and invested by the Secretary of the Interior pursuant to the Act of June 24, 1938 as amended (25 U.S.C. 162a) until such time that all monies are transferred from the Special Holding Account. (3) If a court of competent jurisdiction renders a final decision declaring that any of the Other Tribes has an established treaty right to take or harvest shellfish in covered tidelands, as that term is defined in the Settlement Agreement, and such tribe opts to accept a share of the Special Holding Account, rather than litigate this claim against the Growers, the Secretary shall transfer the appropriate share of the monies held in the Special Holding Account to each such tribe of the Other Tribes in the amounts appropriate to compensate the Other Tribes in the same manner and for the same purposes as the Tribes who are signatory to the Settlement Agreement. Such a transfer to a tribe shall constitute full and complete satisfaction of that tribe's claims to shellfish on the covered tidelands. (4) The Secretary may retain such amounts of the Special Holding Account as necessary to provide for additional tribes that may judicially establish their rights to take shellfish in the covered tidelands within the term of that Account, provided that the Secretary pays the remaining balance to the Other Tribes prior to the expiration of the term of the Special Holding Account. (5) The Tribes shall have no interest, possessory or otherwise, in the Special Holding Account. (6) Twenty years after the deposit of funds into the Special Holding Account, the Secretary shall close the Account and transfer the balance of any funds held in the Special Holding Account at that time to the Treasury. However, the Secretary may continue to maintain the Special Holding Account in order to resolve the claim of an Other Tribe that has notified the Secretary in writing within the 20-year term of that Tribe's interest in resolving its claim in the manner provided for in this Act. (7) It is the intent of Congress that the Other Tribes, if any, shall have the option of agreeing to similar rights and responsibilities as the Tribes that are signatories to the Settlement Agreement, if they opt not to litigate against the Growers. (c) Annual Report.--Each tribe of the Tribes, or any of the Other Tribes accepting a settlement of its claims to shellfish on covered lands pursuant to (b)(3), shall submit to the Secretary an annual report that describes all expenditures made with monies withdrawn from the Fund or Special Holding Account during the year covered by the report. (d) Judicial and Administrative Action.--The Secretary may take judicial or administrative action to ensure that any monies withdrawn from the Fund or Special Holding Account are used in accordance with the purposes described in the Settlement Agreement and this Act. (e) Clarification of Trust Responsibility.--Beginning on the date that monies are transferred to a tribe of the Tribes or a tribe of the Other Tribes pursuant to this Act, any trust responsibility or liability of the United States with respect to the expenditure or investment of the monies withdrawn shall cease. SEC. 7. STATE OF WASHINGTON PAYMENT. The Secretary shall not be accountable for nor incur any liability for the collection, deposit, management or nonpayment of the State of Washington payment of $11,000,000 to the Tribes pursuant to the Settlement Agreement. SEC. 8. RELEASE OF OTHER TRIBES CLAIMS. (a) Right to Bring Actions.--As of the date of enactment of this Act, all right of any Other Tribes to bring an action to enforce or exercise its treaty rights to take shellfish from public and private tidelands in Washington State, including from some lands owned, leased, or otherwise subject to harvest by any and all Growers shall be determined in accordance with the decisions of the Courts of the United States in United States v. Washington, Civ. No. 9213 (Western District of Washington). (b) Certain Rights Governed by This Act.--If a tribe falling within the category Other Tribes opts to resolve its claims to take shellfish from covered tidelands owned or leased by the Growers pursuant to section 6(b)(3) of this Act, that tribe's rights shall be governed by this Act, as well as by the decisions of the Courts in United States v. Washington, Civ. No. 9213. (c) No Breach of Trust.--Notwithstanding whether the United States has a duty to initiate such an action, the failure or declination by the United States to initiate any action to enforce any Other Tribe(s) treaty rights to take shellfish from public and private tidelands in Washington State, including from covered tidelands owned, leased, or otherwise subject to harvest by any and all Growers shall not constitute a breach of trust by the United States or be compensable to Other Tribes. SEC. 9. CAUSE OF ACTION. If any payment by the United States is not paid in the amount or manner specified by this Act, or is not paid within 6 months after the date specified by the Settlement Agreement, such failure shall give rise to a cause of action by the Tribes either individually or collectively against the United States for money damages for the amount authorized but not paid to the Tribes, and the Tribes, either individually or collectively, are authorized to bring an action against the United States in the United States Court of Federal Claims for such funds plus interest.", "summary": "Puget Sound Regional Shellfish Settlement Act of 2006 - Approves, ratifies, and confirms the Settlement Agreement entered into by and between specified Indian tribes in the region of Puget Sound, Washington, commercial shellfish growers, the state of Washington, and the United States to resolve certain disputes regarding implementation of tribal treaty rights to take shellfish from certain covered tidelands owned, leased or otherwise subject to harvest by the growers. Establishes in the Treasury the Puget Sound Regional Shellfish Settlement Trust Fund and the Puget Sound Regional Shellfish Settlement Special Holding Account. Declares that the Secretary of the Interior shall not be accountable for nor incur any liability for the collection, deposit, management, or nonpayment of a specified state of Washington payment to the tribes pursuant to the Settlement Agreement. Declares that all right of any other tribe, within 20 years after the deposit of funds in the Special Holding Account, to bring an action to enforce or exercise its treaty rights to take shellfish from public and private tidelands in Washington, including from some lands owned, leased, or otherwise subject to harvest by any and all commercial growers, shall be determined in accordance with the decisions of federal courts in United States v. Washington. Provides that if any payment by the United States is not paid in the amount or manner specified by this Act, or is not paid within six months after the date specified by the Settlement Agreement, such failure shall give rise to a cause of action by the tribes against the United States. Authorizes the tribes to bring such an action in the U.S. Court of Federal Claims."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing America's Security through Strategic Redeployment from Iraq Act''. SEC. 2. CONGRESSIONAL FINDINGS. (a) First Principal Finding.--Ending the war in Iraq is necessary, however, how the war is ended is of even greater importance for United States national security, the safety of members of the United States Armed Forces currently serving in Iraq, and stability in both Iraq and the Middle East. (b) Second Principal Finding.-- (1) Open-ended commitment is unsustainable.--An open-ended United States involvement in Iraq is not in the interest of United States national security, and United States military forces must be redeployed or risk becoming severely over- strained. (2) Supporting facts.-- (A) Currently, 40 percent of all United States Army equipment is in Iraq. (B) There is no Army unit currently in the United States in a state of readiness that would permit the unit to deploy anywhere another contingency might occur in the world. (c) Third Principal Finding.-- (1) Lengthy redeployment process.--Redeployment from Iraq will be a lengthy process. (2) Supporting facts.-- (A) Redeploying approximately 160,000 troops and 50,000 civilian contractors from Iraq and closing bases are logistically challenging, especially during conflict. (B) The critical consideration is the closure or turnover of the sixty-five Forward Operating Bases held by the United States Armed Forces in Iraq. (C) It takes on average 100 days to close just one Forward Operating Base, and any decision regarding the number of Forward Operating Bases to close at one time depends on surrounding strife and the fact that receiving facilities in Kuwait to prepare military vehicles for shipment to the United States or elsewhere can handle only 2 to 2\\1/2\\ brigade combat teams at a time and there are currently 40 brigade combat teams or their equivalent in Iraq. (D) Redeployment is the most vulnerable of military operations, particularly in this case because redeployment will rely on a single road, leading from Iraq to Kuwait. (E) For comparison purposes, the removal of 6,300 members of the Armed Forces from Somalia in 1993 took six months and actually required the deployment of another 19,000 troops to protect their withdrawal. (F) In view of the logistical challenges, it will take at least a year, more likely 15 to 20 months to complete redeployment of United States forces from Iraq. SEC. 3. DECLARATIONS OF POLICY. (a) First Declaration of Policy.-- (1) Need for comprehensive regional security plan.-- Congress declares that it is critical that a comprehensive security plan is developed for Iraq and the region that accepts the necessity for a deliberate redeployment of United States forces from Iraq. (2) Supporting details.-- (A) A comprehensive security plan is necessary for both the safety of United States forces in Iraq and the overall national security of the United States. (B) Redeployment would allow large numbers of members of the United States Armed Forces to return to the United States, while some forces could be deployed to areas, such as Afghanistan, where terrorists pose a threat to the national security of the United States or could remain at existing bases in Kuwait, Bahrain, the United Arab Emirates, or Qatar and on aircraft carrier and amphibious groups, to protect United States interests in the region. (b) Second Declaration of Policy.-- (1) Iraqi assumption of responsibility.--Congress declares that a planned end to United States involvement in Iraq will serve to force Iraqi leaders to assume responsibility for the security and governance of their country while providing Iran and Syria the incentive to prevent violence otherwise caused by the redeployment of United States forces. (2) Supporting details.-- (A) The United States intelligence community has found that Iran and Syria, currently involved destructively in the fighting in Iraq want stability in Iraq following redeployment, and can play a constructive role in improving security and stability in Iraq. (B) Because the redeployment of United States may take up to 20 months, there is an opportunity for a strategic approach to work diplomatically for political accommodation in Iraq with Iran and Syria (as well as Saudi Arabia and other countries in the region) during that timeframe. (c) Third Declaration of Policy.--Congress declares that while a ``date certain'' deadline for the redeployment of United States forces could force Iraqi leaders to assume responsibility and provide Iran and Syria the incentive to prevent violence that could result from the redeployment, a ``goal'' for the redeployment's end instead of a ``date certain'' is a necessary compromise in order to ensure a strategic approach for United States security and create a greater level of Iraqi stability in the aftermath of the redeployment. SEC. 4. REDEPLOYMENT REQUIREMENTS. (a) Redeployment Required.-- (1) Requirement.--Redeployment of United States Armed Forces serving in Iraq as part of Operation Iraqi Freedom shall begin within three months after the date of the enactment of this Act. Within six months after the date of the enactment of this Act, troop levels shall be at least 15,000 below the pre- surge level of 130,000 troops. (2) Goal.--Except as provided in subsection (b), not later than twenty months after the date of the enactment of this Act, the goal is that all United States Armed Forces serving in Iraq as part of Operation Iraqi Freedom shall be deployed outside of Iraq, to locations within the Middle East or Southwest Asia regions or to other regions or nations, or returned to the United States. (3) Purpose and pace of redeployment.--The redeployment required by this subsection shall be carried out for the purposes of both enhancing global security interests of the United States and improving the military readiness of the United States. The Secretary of Defense shall ensure that the redeployment is carried out at a deliberate, orderly pace that allows for the full security of members of the Armed Services. (b) Exceptions to Redeployment Requirement.--The redeployment required by subsection (a) shall not apply to the following: (1) Special operations forces and counter-terrorism operations.--Special operations forces assigned outside of Iraq that conduct either targeted counter-terrorism operations or periodic support operations of the Iraqi security forces in Iraq. (2) Military liaison teams.--Military or civilian personnel on military liaison teams involved in military-to-military contacts and comparable activities between the United States and Iraq, as authorized under section 168 of title 10, United States Code. (3) Air support.--Members of the Air Force, Navy, and Marine Corps assigned to locations outside Iraq for purposes of conducting air operations in Iraq (including air operations in support of combat operations) to support the Iraqi security forces. (4) Security for united states diplomatic missions in iraq.--Members of the Armed Forces providing security for the United States Embassy and other United States diplomatic missions in Iraq. (5) Defense attache.--Personnel conducting routine functions of the Office of Defense Attache. SEC. 5. LIMITATION ON USE OF FUNDS. Effective six months after the date of the enactment of this Act, funds appropriated or otherwise made available to the Department of Defense under any provision of law for Operation Iraqi Freedom may not be obligated or expended to support more than 115,000 members of the United States Armed Forces within Iraq, with a goal of no funding for troops in Iraq within twenty months after the date of the enactment of this Act. SEC. 6. DIPLOMATIC EFFORTS BY THE UNITED STATES. (a) United States Leadership.--The United States should take a leadership role in diplomatic efforts and negotiations necessary for countries in the region, including Iran and Syria, to work together to ensure the long-term stability of Iraq, which is in the best interests of such countries and the United States. (b) International Conference.--The United States should convene an international conference to bring together countries throughout the world to provide economic aid for rebuilding the infrastructure of Iraq and other reconstruction efforts in Iraq that are essential to ensure the long-term stability of Iraq and America's national security.", "summary": "Enhancing America's Security through Strategic Redeployment from Iraq Act - Sets forth the following findings: (1) ending the war in Iraq is necessary, however, how the war is ended is of even greater importance for U.S. national security, the safety U.S. Armed Forces members serving in Iraq, and stability in both Iraq and the Middle East; (2) an open-ended U.S. involvement in Iraq is not in the interest of U.S. national security and U.S. military forces must be redeployed or risk becoming severely overstrained; and (3) redeployment from Iraq will be a lengthy process. Declares that: (1) it is critical that a comprehensive security plan is developed for Iraq and the region that accepts the necessity for a deliberate U.S. redeployment of forces from Iraq; (2) a planned end to U.S. involvement in Iraq will serve to force Iraqi leaders to assume responsibility for security and governance while providing Iran and Syria the incentive to prevent violence otherwise caused by the U.S. redeployment; and (3) a \"goal\" for the redeployment's end rather than a \"date certain\" end is a necessary compromise to ensure a strategic approach for U.S. security and to create to a greater level of post-redeployment Iraqi stability. States that: (1) with specified exceptions, redeployment of U.S. Armed Forces in Iraq shall begin within three months, and that within six months troop levels shall be at least 15,000 below the pre-surge level of 130,000 troops; and (2) the goal is that all U.S. Armed Forces in Iraq shall be deployed outside of Iraq within 20 months. States that funds for the Department of Defense (DOD) for Operation Iraqi Freedom may not be obligated or expended to support more than 115,000 U.S. Armed Forces members within Iraq, with a goal of no funding for troops in Iraq within 20 months. States that the United States should take a leadership role in diplomatic efforts necessary for countries in the region, including Iran and Syria, to work together to ensure Iraq's long-term stability of Iraq."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Spouses Residency Relief Act''. SEC. 2. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY PERSONNEL FOR VOTING PURPOSES. (a) In General.--Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended-- (1) by striking ``For'' and inserting the following: ``(a) In General.--For''; (2) by adding at the end the following new subsection: ``(b) Spouses.--For the purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a person who is absent from a State because the person is accompanying the person's spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence-- ``(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; ``(2) be deemed to have acquired a residence or domicile in any other State; or ``(3) be deemed to have become a resident in or a resident of any other State.''; and (3) in the section heading, by inserting ``and spouses of military personnel'' before the period at the end. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act (50 U.S.C. App. 501) is amended by striking the item relating to section 705 and inserting the following new item: ``Sec. 705. Guarantee of residency for military personnel and spouses of military personnel.''. (c) Application.--Subsection (b) of section 705 of such Act (50 U.S.C. App. 595), as added by subsection (a) of this section, shall apply with respect to absences from States described in such subsection (b) on or after the date of the enactment of this Act, regardless of the date of the military or naval order concerned. SEC. 3. DETERMINATION FOR TAX PURPOSES OF RESIDENCE OF SPOUSES OF MILITARY PERSONNEL. (a) In General.--Section 511 of the Servicemembers Civil Relief Act (50 U.S.C. App. 571) is amended-- (1) in subsection (a)-- (A) by striking ``A servicemember'' and inserting the following: ``(1) In general.--A servicemember''; and (B) by adding at the end the following: ``(2) Spouses.--A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile, as the case may be, is the same for the servicemember and the spouse.''; (2) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; (3) by inserting after subsection (b) the following new subsection: ``(c) Income of a Military Spouse.--Income for services performed by the spouse of a servicemember shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the spouse is not a resident or domiciliary of the jurisdiction in which the income is earned because the spouse is in the jurisdiction solely to be with the servicemember serving in compliance with military orders.''; and (4) in subsection (d), as redesignated by paragraph (2)-- (A) in paragraph (1), by inserting ``or the spouse of a servicemember'' after ``The personal property of a servicemember''; and (B) in paragraph (2), by inserting ``or the spouse's'' after ``servicemember's''. (b) Application.--Subsections (a)(2) and (c) of section 511 of such Act (50 U.S.C. App. 571), as added by subsection (a) of this section, and the amendments made to such section 511 by subsection (a)(4) of this section, shall apply with respect to any return of State or local income tax filed for any taxable year beginning with the taxable year that includes the date of the enactment of this Act. SEC. 4. SUSPENSION OF LAND RIGHTS RESIDENCY REQUIREMENT FOR SPOUSES OF MILITARY PERSONNEL. (a) In General.--Section 508 of the Servicemembers Civil Relief Act (50 U.S.C. App. 568) is amended in subsection (b) by inserting ``or the spouse of such servicemember'' after ``a servicemember in military service''. (b) Application.--The amendment made by subsection (a) shall apply with respect to servicemembers in military service (as defined in section 101 of such Act (50 U.S.C. App. 511)) on or after the date of the enactment of this Act.", "summary": "Military Spouses Residency Relief Act - Amends the Servicemembers Civil Relief Act to prohibit, for purposes of voting for a federal, state, or local office, deeming a person to have lost a residence or domicile in a state, acquired a residence or domicile in any other state, or become a resident in or of any other state solely because the person is absent from a state because the person is accompanying the person's spouse who is absent from the state in compliance with military or naval orders. Prohibits a servicemember's spouse from either losing or acquiring a residence or domicile for purposes of taxation because of being absent or present in any U.S. tax jurisdiction solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile is the same for the servicemember and the spouse. Prohibits a spouse's income from being considered income earned in a tax jurisdiction if the spouse is not a resident or domiciliary of such jurisdiction when the spouse is in that jurisdiction solely to be with a servicemember serving under military orders. Suspends land rights residency requirements for spouses accompanying servicemembers serving under military orders."}
{"article": "SECTION 1. PURPOSE. The purpose of this Act is-- (1) to encourage the best and brightest candidates to teach in public elementary and secondary schools serving disadvantaged populations; and (2) to encourage high achieving candidates to enter the teaching profession who would otherwise not consider a career in teaching. SEC. 2. GRANTS AUTHORIZED. (a) In General.--The Secretary is authorized to award grants to at least 50 local educational agencies for a fiscal year to enable the local educational agencies to award bonuses to highly qualified individuals who agree to teach in elementary schools or secondary schools that are served by the local educational agency and located in high poverty areas, for a period of not less than 4 years. (b) Local Educational Agency Eligibility.--A local educational agency shall be eligible for a grant under this Act if-- (1) not less than 20 percent of children in the schools served by the local educational agency are eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); or (2) the local educational agency is eligible to be counted under section 10952 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8272). (c) Requirement.--The Secretary shall award a grant under subsection (a) to at least 1 eligible local educational agency in each State. (d) Amount.--Grants under this section shall be awarded based on the number of students enrolled in schools under the jurisdiction of the local educational agency involved. With respect to a local educational agency with an enrollment of-- (1) 1,500 or fewer students, the amount of a grant shall be $22,500; (2) at least 1,501 but less than 5,001 students, the amount of a grant shall be $112,500; (3) at least 5,001 but less than 15,001 students, the amount of a grant shall be $150,000; and (4) at least 15,001 students, the amount of a grant shall be $300,000. (e) Bonuses Not Taxed.--For purposes of the Internal Revenue Code of 1986, a bonus awarded under this Act shall not be includable in the gross income of the individual awarded the bonus. (f) Collaboration.--The Secretary shall collaborate with local educational agencies, local boards of education, and local offices of student financial assistance in carrying out the program assisted under this section. (g) Definition.--The definitions in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801) shall apply to this Act. SEC. 3. LOCAL REQUIREMENTS. (a) Local Uses.--Each local educational agency receiving a grant under this Act shall use the funds made available under this Act to-- (1) award bonuses to highly qualified individuals who agree to teach in elementary schools or secondary schools in which at least 40 percent of the children are eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); (2) award the bonuses in accordance with subsection (b) on a competitive basis taking into consideration-- (A) objective measures such as test scores, grade point average or class rank, and such other criteria as the local educational agency may determine appropriate; and (B) recommendations received under subsection (c); and (3) award the bonuses in the amount of $15,000 with $7,500 paid after the first year of such teaching and $7,500 paid after the second year of such teaching. (b) Bonuses.--With respect to bonuses under subsection (a)(2), the local educational agency shall, with respect to a local educational agency with an enrollment of-- (1) 1,500 or fewer students, award bonuses to not more than 3 highly qualified individuals in the fiscal year involved; (2) at least 1,501 but less than 5,001 students, award bonuses to not more than 15 highly qualified individuals; (3) at least 5,001 but less than 15,001 students, award bonuses to not more than 20 highly qualified individuals; and (4) at least 15,001 students, award bonuses to not more than 40 highly qualified individuals. (c) Prohibition.--Each local educational agency receiving a grant under this Act shall not use the grant funds to offset the salary of a teacher awarded a bonus under this Act. (d) Recommendations.--Each local educational agency receiving a grant under this Act shall establish a system for receiving a limited number of recommendations from institutions of higher education for individuals to receive bonus awards under this Act. SEC. 4. ELIGIBILITY. To be eligible to receive a bonus award under this Act an individual-- (1) shall enter into an agreement with the local educational agency to work in a school described in section 3(a)(1) for not less than 4 years or repay the bonus in accordance with section 6; (2) shall pass all State certification examinations required to teach in an elementary school or secondary school in the State; (3) shall have graduated with a 3.5 grade point average from an institution of higher education, or have graduated in the top 15 percent of the individual's graduating class at an institution of higher education, with a bachelor's degree; (4) shall submit an application to the local educational agency in accordance with section 5(a). SEC. 5. APPLICATIONS; NOTIFICATION. (a) Application.--Each individual desiring a bonus award under this Act shall submit an application to a local educational agency not later than January 15 of each year containing such information as the local educational agency may require. (b) Notification.--A local educational agency shall notify individuals of their bonus awards by May 1 of each year. SEC. 6. REPAYMENT. Each individual who receives a bonus award under this Act and does not comply with the terms of the agreement described in section 4(1) within 6 years of receiving the first bonus award payment under this Act, without an excuse that is acceptable to the local educational agency, shall repay to the local educational agency the amount of the bonus awards received plus interest. Repayment shall begin not later than 2 years after the local educational agency determines the individual is in noncompliance with the agreement. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $15,000,000 for each of the fiscal years 2000 through 2004.", "summary": "Authorizes the Secretary of Education to make grants to local educational agencies (LEAs) to award nontaxable bonuses to highly qualified individuals who agree to teach in elementary schools or secondary schools that are served by the LEA and located in high poverty areas. Requires such grants to be made to at least 50 LEAs per fiscal year, and to at least one eligible LEA in each State, for a period of not less than four years. Sets forth requirements relating to: (1) LEA, school, and individual eligibility; (2) grant and bonus amounts; (3) a competitive award process based on objective measures and recommendations from higher education institutions; and (4) service obligations or award repayment. Authorizes appropriations."}
{"article": "SECTION 1. FUNDING FOR EQUIPMENT RESET AND OTHER EQUIPMENT NEEDS OF THE NATIONAL GUARD. (a) Findings.--Congress makes the following findings: (1) In his testimony before the Commission on the National Guard and Reserves, the Chief of the National Guard Bureau, Lieutenant General Blum, warned about equipment shortfalls for the Army National Guard and Air National Guard stating that ``88 percent of the forces that are back here in the United States are very poorly equipped today in the Army National Guard. And in the Air National Guard for the last three decades, they have never had a unit below C2 in equipment readiness''. (2) In the March 1, 2007, report of the Commission on the National Guard and Reserves, the Commission observes that-- (A) while the operational tempo of the reserve components of the Armed Forces has increased substantially, resourcing has not kept pace; (B) the lack of sufficient and ready equipment is a problem common to both the active and reserve components of the Armed Forces; (C) the equipment readiness of the Army National Guard is unacceptable and has reduced the capability of the United States to respond to current and additional major contingencies, whether foreign and domestic; and (D) while the budget of the President for fiscal year 2008 includes large increases in funds for equipment for the National Guard, historical practice in the Department of Defense indicates that Army plans for projected funding increases for equipment for the Army National Guard are not reliably carried through. (3) According to the Commission on the National Guard and Reserves, procurement for the Army National Guard during the period from 1999 through 2005 has been reduced significantly from amounts proposed for such procurement before that period. The budget for fiscal year 2001 indicated that the Army planned to expend $1,346,000,000 in fiscal year 2004 for procurement for the Army National Guard, but the budget for fiscal year 2006 revealed that the Army expended only $578,400,000 for procurement for the Army National Guard in fiscal year 2004. Similarly, the budget for fiscal year 2001 indicated that the Army planned to expend $1,625,000,000 in fiscal year 2005 for procurement for the Army National Guard, but the budget for fiscal year 2006 revealed that the Army planned to expend only $660,900,000 for procurement for the Army National Guard in fiscal year 2005. (4) According to the Commission on the National Guard and Reserves, the difference between the amounts proposed for procurement for the Army National Guard for fiscal years 2003 through 2005 and the amounts actually expended for such procurement in such fiscal years was atypical and extreme. (5) According to a January 2007 report of the Government Accountability Office, inventories of equipment for the National Guard in the United States have decreased because of overseas operations, particularly inventories of the Army National Guard. The Comptroller General found that State officials expressed concerns about having enough equipment to respond to large scale natural or man made disasters such as Hurricane Katrina. (6) The Comptroller General found that before current overseas operations began, the majority of the combat forces of the Army National Guard were supplied with approximately 65 to 79 percent of their required equipment. As of November 2006, nondeployed Army National Guard forces nationwide still had approximately 64 percent of the total amount of authorized dual-use equipment, including authorized substitute items, based on their warfighting missions even as overseas and domestic missions have expanded. (b) Authorization of Appropriations.-- (1) In general.--There is hereby authorized to be appropriated for the Department of Defense for the Army National Guard and the Air National Guard for equipment reset requirements of the Army National Guard and the Air National Guard, and to otherwise remedy other equipment shortfalls of the Army National Guard and the Air National Guard, in order to bring the Army National Guard and the Air National Guard to full equipment readiness, amounts as follows: (A) For fiscal year 2008: (i) For procurement of National Guard and Reserve Equipment, $2,100,000,000, with such amount to be available for the Army National Guard. (ii) For Operation and Maintenance, Army National Guard, $1,300,000,000. (iii) For other equipment procurement and reset, $4,360,000,000, of which-- (I) $2,600,000,000 shall be available for the Army National Guard; and (II) $1,760,000,000 shall be available for the Air National Guard. (iv) For National Guard Personnel, Air Force, $280,000,000. (v) For Operation and Maintenance, Air National Guard, $720,000,000. (B) For each of fiscal years 2009 through 2013: (i) For procurement of National Guard and Reserve Equipment, $575,000,000, with such amount to be available for the Army National Guard. (ii) For Operation and Maintenance, Army National Guard, $1,300,000,000. (iii) For other equipment procurement and reset, $4,360,000,000, of which-- (I) $2,600,000,000 shall be available for the Army National Guard; and (II) $1,760,000,000 shall be available for the Air National Guard. (iv) For National Guard Personnel, Air Force, $280,000,000. (v) For Operation and Maintenance, Air National Guard, $720,000,000. (2) Supplement not supplant.--The amounts authorized to be appropriated by paragraph (1) for a fiscal year and account specified in that paragraph is in addition to any other amounts authorized to be appropriated for the Department of Defense for such fiscal year for such account. (c) Report on Defense Industrial Base.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report assessing the capability, during the 5-year period beginning on October 1, 2007, of the defense industrial base of the United States to produce the equipment to be procured using amounts applicable amounts authorized to be appropriated by subsection (b). (2) Recommendations.--If the assessment in the report under paragraph (1) includes a determination that the defense industrial base does not have the capability to produce equipment as described in that paragraph, the report shall also include such recommendations as the Secretary considers appropriate for actions, including investments, necessary to develop that capability.", "summary": "Authorizes appropriations for FY2008-FY2013 for the Department of Defense (DOD) for the Army and Air National Guards for equipment reset (resupply) requirements, and to otherwise remedy other equipment shortfalls in order to bring the Army and Air National Guards to full equipment readiness. Requires a report from the Secretary to Congress on the capability of the U.S. defense industrial base to produce the necessary equipment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Otay Mountain Wilderness Act of 1998''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The public lands within the Otay Mountain region of California are one of the last remaining pristine locations in western San Diego County, California. (2) This rugged mountain adjacent to the United States- Mexico border is internationally known for its diversity of unique and sensitive plants. (3) This area plays a critical role in San Diego's multi- species conservation plan, a national model made for maintaining biodiversity. (4) Due to its proximity to the international border, this area is the focus of important law enforcement and border interdiction efforts necessary to curtail illegal immigration and protect the area's wilderness values. (5) The illegal immigration traffic, combined with the rugged topography, also presents unique fire management challenges for protecting lives and resources. SEC. 3. DESIGNATION. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public lands in the California Desert District of the Bureau of Land Management, California, comprising approximately 18,500 acres as generally depicted on a map entitled ``Otay Mountain Wilderness'' and dated May 7, 1998, are hereby designated as wilderness and therefore as a component of the National Wilderness Preservation System, which shall be known as the Otay Mountain Wilderness. SEC. 4. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, a map and a legal description for the Wilderness Area shall be filed by the Secretary with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. Such map and legal description shall have the same force and effect as if included in this Act, except that the Secretary, as appropriate, may correct clerical and typographical errors in such legal description and map. Such map and legal description for the Wilderness Area shall be on file and available for public inspection in the offices of the Director and California State Director, Bureau of Land Management, Department of the Interior. (b) United States-Mexico Border.--In carrying out this section, the Secretary shall ensure that the southern boundary of the Wilderness Area is 100 feet north of the trail depicted on the map referred to in subsection (a) and is at least 100 feet from the United States-Mexico international border. SEC. 5. WILDERNESS REVIEW. The Congress hereby finds and directs that all the public lands not designated wilderness within the boundaries of the Southern Otay Mountain Wilderness Study Area (CA-060-029) and the Western Otay Mountain Wilderness Study Area (CA-060-028) managed by the Bureau of Land Management and reported to the Congress in 1991, have been adequately studied for wilderness designation pursuant to section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), and are no longer subject to the requirements contained in section 603(c) of that Act pertaining to the management of wilderness study areas in a manner that does not impair the suitability of such areas for preservation as wilderness. SEC. 6. ADMINISTRATION OF WILDERNESS AREA. (a) In General.--Subject to valid existing rights and to subsection (b), the Wilderness Area shall be administered by the Secretary in accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (1) any reference in such provisions to the effective date of the Wilderness Act is deemed to be a reference to the effective date of this Act; and (2) any reference in such provisions to the Secretary of Agriculture is deemed to be a reference to the Secretary of the Interior. (b) Border Enforcement, Drug Interdiction, and Wildland Fire Protection.--Nothing in this Act or the Wilderness Act may be construed to preclude Federal, State, and local agencies from conducting within the Wilderness Area, in accordance with appropriate conditions determined by the Secretary-- (1) drug interdiction and border operations, including the installation of electronic sensors and other surveillance equipment; and (2) wildland fire management operations, including prescribed burns. SEC. 7. FURTHER ACQUISITIONS. Any lands within the boundaries of the Wilderness Area that are acquired by the United States after the date of enactment of this Act shall become part of the Wilderness Area and shall be managed in accordance with all the provisions of this Act and other laws applicable to such a wilderness. SEC. 8. NO BUFFER ZONES. The Congress does not intend for the designation of the Wilderness Area by this Act to lead to the creation of protective perimeters or buffer zones around the Wilderness Area. The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness Area shall not, of itself, preclude such activities or uses up to the boundary of the Wilderness Area. SEC. 9. DEFINITIONS. As used in this Act: (1) Public lands.--The term ``public lands'' has the same meaning as that term has in section 103(e) of the Federal Land Policy and Management Act of 1976. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Wilderness area.--The term ``Wilderness Area'' means the Otay Mountain Wilderness designated by section 3.", "summary": "Otay Mountain Wilderness Act of 1998 - Designates specified public lands in the California Desert District of the Bureau of Land Management as the Otay Mountain Wilderness. Declares that such designation: (1) shall not preclude Federal, State, or local government drug interdiction and border operations or wildland fire management operations within the Wilderness; and (2) is not intended to lead to the creation of protective buffer zones around the Wilderness."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Serve Without Fear Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) A central tenet of representative democracy is that citizens enjoy the right to peaceably assemble and petition their government for redress of grievances. (2) For this right to be exercised meaningfully, elected representatives must be able to make themselves accessible to their constituents. (3) Fear of gun violence at events where elected representatives are performing their official or representational duties has a chilling effect on our democracy in at least 2 ways: (A) by discouraging citizens from engaging in the public and personal dialogue with their representatives that is the lifeblood of vibrant democratic politics; and (B) by leading elected representatives to reduce the frequency and extent of personal contact with their constituents as a reasonable precaution against unreasonable threats to their personal safety. (4) During the summer of 2009, there were multiple cases of persons carrying firearms outside of venues at which the President of the United States was holding meetings and official events. In one instance, a man carried an AR-15 automatic assault rifle and a sidearm. In another instance, occurring hours before a presidential town hall a week earlier, a man was arrested for breaching a security perimeter at the location of the event, and was found to be in possession of an unlicensed and loaded handgun. (5) In recent months, there has been a threefold increase in the number of reported threats against Members of the United States House of Representatives and Members of the United States Senate. SEC. 3. PROHIBITION ON KNOWINGLY POSSESSING A FIREARM NEAR A VENUE AT WHICH A MEMBER OF CONGRESS IS PERFORMING AN OFFICIAL AND REPRESENTATIONAL DUTY OR CAMPAIGNING FOR PUBLIC OFFICE. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa)(1) Except as provided in paragraph (2), it shall be unlawful for any person, in or affecting interstate or foreign commerce, to knowingly carry a firearm-- ``(A) in, or within 250 feet of an entrance to or exit from, a building or structure where the person knows that a Member of Congress is-- ``(i) performing an official and representational duty of the Member; ``(ii) engaging in campaign activity as a candidate for election for Federal office for purposes of the Federal Election Campaign Act of 1971; or ``(iii) engaging in campaign activity as a candidate for election for State or local office, as determined pursuant to State law; or ``(B) at, or within 500 feet of, any other place where the person knows that a Member of Congress is performing such a duty or engaging in such a campaign activity, if there is visible, at each place that is at the applicable distance specified in this sentence from the building, structure, or other place, a sign which clearly and conspicuously states that a Member of Congress will be present at the building, structure, or other place, and so states the time interval during which the Member of Congress is scheduled to be so present. ``(2) Paragraph (1) shall not apply to the carrying of a firearm-- ``(A) by a law enforcement officer (whether on- or off- duty) who is authorized to carry a firearm in the line of duty; or ``(B) pursuant to the express written permission of-- ``(i) any Member of Congress present at the location involved, which permission has been filed with the chief of police of the locality involved; or ``(ii) the chief of police of the locality involved; ``(C) on real property owned or rented by the carrier of the firearm; ``(D) on the premises of a business in which the carrier of the firearm is employed and authorized by the employer to carry the firearm; or ``(E) which is in a locked container or otherwise not readily accessible for use. ``(3) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this subsection, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated. ``(4) Violations of this subsection shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.''. (b) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 10 years, or both.''. SEC. 4. ENCOURAGING STATES TO ADOPT FIREARMS PROHIBITIONS SIMILAR TO FEDERAL LAW TO PROTECT STATE AND LOCAL ELECTED AND APPOINTED OFFICIALS. (a) In General.--For each fiscal year after the expiration of the period specified in subsection (b)(1) in which a State receives funds for the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State shall have in effect throughout the State laws and policies that prohibit any person to knowingly possess a firearm near a venue at which an elected or appointed State or local official is performing an official and representational duty or campaigning for public office if such possession would constitute an offense under subsection (aa) of section 922 of title 18, United States Code, if such official were a Member of Congress. (b) Compliance and Ineligibility.-- (1) Compliance date.--Each State shall have not more than 1 year from the date of enactment of this Act to comply with subsection (a), except that-- (A) the Attorney General may grant an additional 1 year to a State that is making good faith efforts to comply with such subsection; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a) shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the State for the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). (c) Reallocation.--Amounts not allocated under such Edward Byrne Memorial Justice Assistance Grant Program to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection.", "summary": "Freedom to Serve Without Fear Act of 2011 - Amends the federal criminal code to prohibit any person from knowingly carrying a firearm in, or within 250 feet of an entrance to or exit from, a building or structure, or at, or within 500 feet of, any other place, where a Member of Congress is performing an official and representational duty or engaging in campaign activity as a candidate for federal, state, or local office, if there are visible at such distances signs which clearly and conspicuously state that a Member will be present and the time the Member will be present. Specifies exceptions, including pursuant to the express written permission of the Member or the chief of police of the locality involved. Requires a 10% reduction in funds a state would receive for the Edward Byrne Memorial Justice Assistance Grant Program for a fiscal year if the state fails to have in effect by the specified compliance date laws and policies that similarly prohibit individuals from knowingly possessing firearms near a venue at which an elected or appointed state or local official is performing an official and representational duty or campaigning for public office."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Childcare Accountability and Responsibility Act of 2009'' or the ``CARE for Kids Act of 2009''. SEC. 2. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK. The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following new section: ``SEC. 658H. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK FOR A CHILD CARE STAFF MEMBER OF ANY CHILD CARE PROVIDER IN A STATE THAT RECEIVES FUNDS FROM THE CHILD CARE AND DEVELOPMENT BLOCK GRANT PROGRAM. ``(a) Criminal Background Check.-- ``(1) Requirement of a criminal background check.--A State and national criminal background check for a child care staff member of a child care provider is required in any State that receives funds under this subchapter. The criminal background check shall include-- ``(A) a search of the National Sex Offender Registry established pursuant to the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); ``(B) a search of the National Crime Information Center; ``(C) a search of the State criminal registry or repository in the State in which the child care staff member resides and each State where such staff member previously resided; ``(D) a search of State-based abuse and neglect registries and databases, including the abuse and neglect registries and databases of each State where the child care staff member previously resided; and ``(E) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System. ``(2) Submittal of requests.--Subject to paragraph (3), a child care provider shall submit a request for a State and national criminal background check to the appropriate State agency designated by the State-- ``(A) for each child care staff member prior to its submission of an application for a State child care license, except that this subparagraph shall not apply to any additional applications submitted within a 5- year period after such request for a criminal background check under paragraph (2) and such submission of an application under this subparagraph is made by the child care provider; ``(B) for each child care staff member; ``(C) for each prospective child care staff member prior to their beginning date of employment; and ``(D) in each 5-year period after the date of the child care provider's first request for a criminal background check for the child care staff member. ``(3) Limitation on requests.--Not more than 1 request for a State and national criminal background check under paragraph (2) is required for any child care staff member for each 5-year period after such request for the criminal background check for such staff member. ``(4) Results.--Not later than 10 business days after the date of which a request by a child care provider is made for a State and national criminal background check and is received by the appropriate State agency, such agency shall provide the results of the criminal background check to such provider. ``(5) Ineligibility.--A child care provider shall be ineligible for receipt of a child care certificate as payment for child care services, and a child care staff member shall be ineligible for employment by any child care provider in a State, if any such criminal background check of the child care staff member of the provider reveals a felony conviction for-- ``(A) child abuse or neglect; ``(B) spousal abuse; ``(C) a crime against children (including child pornography); ``(D) a violent crime, including-- ``(i) physical assault or battery; ``(ii) rape; ``(iii) sexual assault; or ``(iv) homicide; or ``(E) a drug-related offense committed within 5 years prior to submission to a criminal background check. ``(6) Appeals.--Not later than 30 days after receipt of the results of a criminal background check, a child care provider may appeal such results to the appropriate State agency designated by the State. ``(7) Fees.--To defray the costs of carrying out the duties described in this subsection, a State may collect 1 fee per criminal background check from a child care provider in an amount not to exceed the actual costs to the State for the administration of all required criminal background checks, and such fee for all required criminal background checks may not exceed a total of $36. ``(b) State Compliance.-- ``(1) Noncompliance.-- ``(A) Penalty.--A State that fails to satisfy the requirements of this section shall not receive 2 percent of the grant funds that it would otherwise be allocated for that fiscal year. ``(B) Unallocated grant funds.--Grant funds not allocated under subparagraph (A) shall be distributed in the first fiscal year that the State meets the requirements. ``(2) Time limitation.--A State shall have 3 years to implement the requirements of this section. ``(3) Extension of time.--The Secretary may grant an extension, no longer than 2 years, to a State that makes a good faith effort to satisfy the requirements of this section. ``(c) Definition.--The term `child care staff member' means an individual that provides child care services for compensation and on a regular basis (other than an individual who is related to the child or children for whom services are provided), regardless of whether the services are provided for a child care provider or a family child care provider. ``(d) Authorization of Appropriations To Conduct Criminal Background Checks.--There are authorized to be appropriated such sums as necessary to offset the administrative costs to conduct State and national criminal background checks under this section.''.", "summary": "Childcare Accountability and Responsibility Act of 2009 or the CARE for Kids Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require a national criminal background check for employees of child care providers in any state that receives funds from the Child Care and Development Block Grant Program. Requires that such background check include: (1) a search of the national Sex Offender Registry, the National Crime Information Center, state criminal registries, and state-based abuse and neglect registries and databases; and (2) a Federal Bureau of Investigation (FBI) fingerprint check."}
{"article": "SECTION 1. DEVELOPMENT AND USE OF PATIENT EXPERIENCE DATA TO ENHANCE STRUCTURED RISK-BENEFIT ASSESSMENT FRAMEWORK. (a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (d), by striking ``The Secretary shall implement'' and all that follows through ``premarket approval of a drug.''; and (2) by adding at the end the following new subsections: ``(x) Structured Risk-Benefit Assessment Framework.-- ``(1) In general.--The Secretary shall implement a structured risk-benefit assessment framework in the new drug approval process-- ``(A) to facilitate the balanced consideration of benefits and risks; and ``(B) to develop and implement a consistent and systematic approach to the discussion of, regulatory decisionmaking with respect to, and the communication of, the benefits and risks of new drugs. ``(2) Rule of construction.--Nothing in paragraph (1) shall alter the criteria for evaluating an application for premarket approval of a drug. ``(y) Development and Use of Patient Experience Data To Enhance Structured Risk-Benefit Assessment Framework.-- ``(1) In general.--Not later than two years after the date of the enactment of this subsection, the Secretary shall establish and implement processes under which-- ``(A) an entity seeking to develop patient experience data may submit to the Secretary-- ``(i) initial research concepts for feedback from the Secretary; and ``(ii) with respect to patient experience data collected by the entity, draft guidance documents, completed data, and summaries and analyses of such data; ``(B) the Secretary may request such an entity to submit such documents, data, and summaries and analyses; and ``(C) patient experience data may be developed and used to enhance the structured risk-benefit assessment framework under subsection (x). ``(2) Patient experience data.--In this subsection, the term `patient experience data' means data collected by patients, parents, caregivers, patient advocacy organizations, disease research foundations, medical researchers, research sponsors or other parties determined appropriate by the Secretary that is intended to facilitate or enhance the Secretary's risk-benefit assessments, including information about the impact of a disease or a therapy on patients' lives.''. (b) Guidance.-- (1) In general.--The Secretary of Health and Human Services shall publish guidance on the implementation of subsection (y) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), as added by subsection (a). Such guidance shall include-- (A) with respect to draft guidance documents, data, or summaries and analyses submitted to the Secretary under paragraph (1)(A) of such subsection, guidance-- (i) specifying the timelines for the review of such documents, data, or summaries and analyses by the Secretary; and (ii) on how the Secretary will use such documents, data, or summaries and analyses to update any guidance documents published under this subsection or publish new guidance; (B) with respect to the collection and analysis of patient experience data (as defined in paragraph (2) of such subsection (y)), guidance on-- (i) methodological considerations for the collection of patient experience data, which may include structured approaches to gathering information on-- (I) the experience of a patient living with a particular disease; (II) the burden of living with or managing the disease; (III) the impact of the disease on daily life and long-term functioning; and (IV) the effect of current therapeutic options on different aspects of the disease; and (ii) the establishment and maintenance of registries designed to increase understanding of the natural history of a disease; (C) methodological approaches that may be used to assess patients' beliefs with respect to the benefits and risks in the management of the patient's disease; and (D) methodologies, standards, and potential experimental designs for patient-reported outcomes. (2) Timing.--Not later than three years after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue draft guidance on the implementation of subsection (y) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), as added by subsection (a). The Secretary shall issue final guidance on the implementation of such subsection not later than one year after the date on which the comment period for the draft guidance closes. (3) Workshops.-- (A) In general.--Not later than 6 months after the date of the enactment of this Act and once every 6 months during the following 12-month period, the Secretary of Health and Human Services shall convene a workshop to obtain input regarding methodologies for developing the guidance under paragraph (1), including the collection of patient experience data. (B) Attendees.--A workshop convened under this paragraph shall include-- (i) patients; (ii) representatives from patient advocacy organizations, biopharmaceutical companies, and disease research foundations; (iii) representatives of the reviewing divisions of the Food and Drug Administration; and (iv) methodological experts with significant expertise in patient experience data. (4) Public meeting.--Not later than 90 days after the date on which the draft guidance is published under this subsection, the Secretary of Health and Human Services shall convene a public meeting to solicit input on the guidance.", "summary": "This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to establish processes under which: (1) an entity seeking to develop patient experience data may submit initial research concepts for feedback; (2) the FDA may request or receive from such an entity draft guidance documents, data, and summaries and analyses of data; and (3) patient experience data may be considered in the risk-benefit assessment of a new drug. “Patient experience data” is data collected by patients or others that is intended to facilitate the FDA's risk-benefit assessments, including information about the impact of a disease or a therapy on patients' lives. The FDA must convene workshops and publish guidance on the patient experience data processes described above."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Employment and Education Enhancement Act of 2001''. SEC. 2. FINDINGS. (1) The authorizations of most programs providing Federal aid to elementary and secondary education, and support for educational research, statistics, and assessment activities, including programs under the Elementary and Secondary Education Act of 1965 (ESEA), the Goals 2000: Educate America Act (Goals 2000), the Educational Research, Development, Dissemination, and Improvement Act of 1994 (ERDDIA), and the National Education Statistics Act of 1994 (NESA), expired during the 106th Congress. (2) The reauthorization of the Elementary and Secondary Education Act of 1965 is likely to occur during the 107th Congress. (3) The programs authorized under the Elementary and Secondary Education Act of 1965, the Goals 2000: Educate America Act, the Educational Research, Development, Dissemination, and Improvement Act of 1994, and the National Education Statistics Act of 1994, constitute the majority of Federal grants for elementary and secondary education. (4) The business community, and small businesses in particular, have an important stake in the education of our Nation's youth. (5) One of the most fundamental needs that any growing business will ever face is the need for employees with basic skills. (6) Concerns have been expressed by the small business community that students are not graduating with adequate basic skills in reading, writing, mathematics, and science that allow the students to succeed in today's workplace or become the entrepreneurs of tomorrow. (7) A 1999 American Management Association survey on workplace testing found that-- (A) approximately 36 percent of employees tested for basic skills (reading, writing and mathematics) were found to be deficient; (B) small businesses had deficiency rates well above the national average; and (C) 60 percent of American Management Association member companies reported that the availability of skilled manpower was scarce, and 67 percent believe that the shortages will continue. (8) A 1999 National Federation of Independent Business report found that 18 percent of the members reported finding qualified labor is the most important problem facing their business. (9) A 1999 poll of the United States Chambers of Commerce found that 83 percent of the members reported the ability (or lack thereof) to get qualified workers is among the members' biggest concerns, and 53 percent of the members said education is the single most pressing public policy issue for the members. (10) The growth of high-skilled jobs is outpacing growth in all other fields. (11) Small business is the driving force behind our Nation's economy. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) locally-driven initiatives to improve education are crucial; (2) the views of small business should be taken into account in the debate over education; (3) in order to create jobs, our Nation must encourage small business expansion and foster small business entrepreneurship and job creation, and education initiatives are key to this effort; (4) the Department of Education should facilitate the sharing of ideas and best practices at the State and local level, particularly with respect to partnerships between small businesses and school systems; and (5) when and where Department of Education approval of a program or proposal is required, the Department of Education should expedite approval of such programs or proposals. SEC. 4. INFORMATION DISSEMINATION AND SHARING. The Secretary of Education shall disseminate information and facilitate the sharing of information designed to assist small businesses in working with school systems to improve the education system through publication of guidance materials, best practices, checklists, and other formats on the World Wide Web, in Department of Education publications and articles, in letters, through links to other related World Wide Web sites, through public service announcements, and through other means at the Department's disposal. SEC. 5. DEPARTMENT OF EDUCATION CLEARINGHOUSE FOR INFORMATION. The Secretary of Education shall establish a centralized database of materials to act as a clearinghouse for information on successful initiatives and best practices regarding the involvement of small businesses in education. The clearinghouse shall receive, collect, process, assemble, and disseminate reliable information, including innovative, successful activities with a proven track record at the State and local level. SEC. 6. OFFICE OF SMALL BUSINESS EDUCATION. Title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the end the following: ``SEC. 220. OFFICE OF SMALL BUSINESS EDUCATION. ``(a) There shall be in the Department an Office of Small Business Education (hereafter in this section referred to as the `Office'), to be administered by the Director of Small Business Education. The Director of Small Business Education shall report directly to the Secretary and shall perform such additional functions as the Secretary may prescribe. ``(b) The Director of Small Business Education, through the Office, shall-- ``(1) review the needs of small businesses and the contributions the small business community may make with respect to efforts to improve education; ``(2) promote efforts to address the needs of small businesses though education programs; ``(3) work to remove impediments to partnerships between school systems and small businesses; and ``(4) propose solutions to education-related problems facing small businesses.''. SEC. 7. TECHNICAL ASSISTANCE. (a) In General.--The Director of the Office of Small Business Education shall provide technical assistance to small businesses, small business organizations, school systems, and communities working cooperatively to improve education outcomes. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2001 and each of the 4 succeeding fiscal years. SEC. 8. TAX CREDIT FOR QUALIFIED EDUCATION OPPORTUNITY EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45E. SMALL BUSINESS EDUCATION OPPORTUNITY CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of a small business, the small business education opportunity credit determined under this section for the taxable year is an amount equal to 15 percent of qualified education opportunity credit expenses paid or incurred by the taxpayer during the taxable year. ``(b) Qualified Education Opportunity Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified education opportunity expenses' means an amount paid or incurred in connection with an eligible work study program, including-- ``(A) administrative expenses of the taxpayer, and ``(B) remuneration paid to participants in such program for services performed by such participant. ``(2) Eligible work study program.--The term `eligible work study program' means a written program-- ``(A) approved by the appropriate State educational agency, and ``(B) involving a partnership with a secondary school to provide work study and internship opportunities for eligible individuals. ``(3) Eligible individual.--The term `eligible individual' means an individual who is-- ``(A) a full-time student in a secondary school, or ``(B) a full-time teacher in a secondary school. ``(4) Exceptions.--Such term does not include-- ``(A) expenses for which any other Federal or State credit or payment is made, or ``(B) expenses paid or incurred for a professional conference or for an orientation program. ``(c) Definitions; Special Rules.-- ``(1) Secondary school.--For purposes of this section, the term `secondary school' has the meaning given such term by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as in effect on the date of enactment of this section. ``(2) Special rules.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of subsection (a). ``(d) Denial of Double Benefit.--No deduction or credit shall be allowed under this chapter (other than a credit under this section) for any amount taken into account in determining the credit under this section.''. (b) Limitation on Carryback.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transition rules) is amended by adding at the end the following new paragraph: ``(10) No carryback of small business education opportunity credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the small business education opportunity credit determined under section 45E may be carried to a taxable year ending before the date of the enactment of section 45E.''. (c) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(14) the small business education opportunity credit determined under section 45E(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45D the following new item: ``Sec. 45E. Small business education opportunity credit.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 9. STUDY AND REPORT. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Education shall conduct a study and submit to Congress a report regarding the challenges facing small businesses in obtaining workers with adequate skills. (b) Contents.--The report shall include the following: (1) Information on the shortage, if any, of workers with adequate skills in the small business sector. (2) An assessment of the impact on small business of the shortage, if any. (3) The costs to small businesses associated with the shortage, if any. (4) The recommendations of the Secretary, if any, on how to address the challenges facing small businesses due to the shortage, if any, of workers with adequate skills.", "summary": "Small Business Employment and Education Enhancement Act of 2001 - Expresses the sense of Congress regarding: (1) locally-driven initiatives to improve education; (2) consideration of the views of small business concerning education; (3) education initiatives as key to fostering small business expansion, entrepreneurship, and job creation; (4) Department of Education facilitation of the sharing of ideas and best practices at State and local levels, particularly with respect to partnerships between small businesses and school systems; and (5) the expediting of the Department's approval of programs or proposals.Directs the Secretary of Education to: (1) disseminate information and facilitate the sharing of information designed to assist small businesses in working with school systems to improve the education system through specified means, including the Internet World Wide Web; (2) establish a centralized database of materials to act as a clearinghouse for information on successful initiatives and best practices regarding the involvement of small businesses in education; and (3) study and report to Congress on the challenges facing small businesses in obtaining workers with adequate skills.Amends the Department of Education Organization Act to establish an Office of Small Business Education, administered by a Director, to: (1) review the needs of small businesses and the contributions the small business community may make with respect to efforts to improve education; (2) promote efforts to address the needs of small businesses though education programs; (3) work to remove impediments to partnerships between school systems and small businesses; and (4) propose solutions to education-related problems facing small businesses.Requires the Director to provide technical assistance to small businesses, small business organizations, school systems, and communities working cooperatively to improve education outcomes.Amends the Internal Revenue Code to establish a small business education opportunity tax credit for qualified education opportunity expenses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Fraud Recovery Act of 2008''. SEC. 2. PROMOTING MEDICAID FRAUD INVESTIGATIONS AND PROSECUTIONS BY LOCAL GOVERNMENTS. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Use and Funding of Local Fraud Units.-- ``(1) In general.--Nothing in this title shall be construed as preventing a county or other local government from establishing a local fraud investigative unit to investigate and prosecute provider and recipient fraud under this title within the jurisdiction of such local government. ``(2) State recognition and funding of local units.--In the case of the establishment by a local government of a local fraud investigative unit in a State under paragraph (1), the State shall provide in its State plan under this title the following: ``(A) Recognition of unit.--The plan shall recognize such a unit and permit its operations in accordance with this subsection and may not establish internal procedures that prevent such a unit from being recognized or functioning. ``(B) Data sharing required.--The Department of Health of the State and any administrative unit responsible for claims administration under this title in the State shall make available to such unit all data relating to this title in the area of such unit. ``(C) Pass-through payment of ffp.--The State shall provide for payment, on a pass-through basis, to the local government of the Federal financial participation received by the State under section 1903(a) which is attributable to expenses of such unit. ``(D) Repayment of local share in case of recoupment.--In the case of a State in which local governments are responsible for paying a portion of medical assistance expenses, if there is a recoupment of funds under the State plan and-- ``(i) the recoupment was a result of activities of such a unit of local government, the State shall provide for payment to the local government of its original share of the expenses for which the recoupment is made; or ``(ii) the recoupment was not the result of activities of such a local government unit, the State shall provide for the payment described in clause (i) to the local government unless otherwise provided under an agreement between the State and local government involved. ``(E) Payment of bounty in case of local prosecution.--If funds under the plan are recouped and an investigation by such local unit led the recoupment of funds, the State shall, from its share of such recouped funds, provide for payment to the local government of a bounty equal to 10 percent of such recouped share. ``(3) Explanation for failures to prosecute.--If a State refuses to prosecute a case which has been referred to it by a local fraud investigative unit described in paragraph (1), the State must provide to the unit a statement that-- ``(A) explains the reasons for such refusal; and ``(B) identifies which entity is more appropriate to handle the prosecution or resolution of the case and the reasons for selecting such entity. ``(4) Requirement for semi-annual reports.--As a condition for the provision of payments to a State (or to a locality under paragraph (2)(C)) under subsection (a)(6), the State or locality shall submit semiannual reports to the Secretary. Such reports shall contain such information on investigations and prosecutions of fraud under this title as the Secretary may specify. ``(5) Method for determination of referrals.--For purposes of this subsection, the State shall establish a method for determining whether a recoupment of funds was a result of activities of a unit of local government and for identifying cases in which a local fraud investigative unit has referred a case for prosecution.''. SEC. 3. ENHANCED MEDICAID FUNDING FOR ANTI-FRAUD ACTIVITIES. (a) In General.--Section 1903(a)(6)(B) of the Social Security Act (42 U.S.C. 1396b(a)(6)(B)) is amended by inserting before the semicolon at the end the following: ``plus, not subject to the limitations of subsection (b)(3), 66\\2/3\\ percent of such additional sums expended in the quarter for fraud investigative activities, whether conducted by such unit or by local fraud investigative units described in subsection (aa)(1)''. (b) Effective Date.--The amendment made by paragraph (1) shall apply to expenditures occurring on or after October 1, 2008.", "summary": "Medicaid Fraud Recovery Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to provide for: (1) use of local Medicaid fraud investigative units; and (2) enhanced Medicaid funding for anti-fraud activities by such local or state Medicaid fraud control units."}
{"article": "SECTION 1. LAND TRANSFER AND WITHDRAWAL, MELROSE AIR FORCE RANGE, NEW MEXICO, AND YAKIMA TRAINING CENTER, WASHINGTON. (a) Melrose Air Force Range, New Mexico.-- (1) Transfer.--Administrative jurisdiction over the surface estate of the following lands is hereby transferred from the Secretary of the Interior to the Secretary of the Air Force: new mexico principal meridian T. 1 N., R. 30 E. Sec. 2: S\\1/2\\. Sec. 11: All. Sec. 20: S\\1/2\\SE\\1/4\\. Sec. 28: All. T. 1 S., R. 30 E. Sec. 2: Lots 1-12, S\\1/2\\. Sec. 3: Lots 1-12, S\\1/2\\. Sec. 4: Lots 1-12, S\\1/2\\. Sec. 6: Lots 1 and 2. Sec. 9: N\\1/2\\, N\\1/2\\S\\1/2\\. Sec. 10: N\\1/2\\, N\\1/2\\S\\1/2\\. Sec. 11: N\\1/2\\, N\\1/2\\S\\1/2\\. T. 2 N., R. 30 E. Sec. 20: E\\1/2\\SE\\1/4\\. Sec. 21: SW\\1/4\\, W\\1/2\\SE\\1/4\\. Sec. 28: W\\1/2\\E\\1/2\\, W\\1/2\\. Sec. 29: E\\1/2\\E\\1/2\\. Sec. 32: E\\1/2\\E\\1/2\\. Sec. 33: W\\1/2\\E\\1/2\\, NW\\1/4\\, S\\1/2\\SW\\1/ 4\\. Aggregating 6,713.90 acres, more or less. (2) Status of surface estate.--Upon transfer of the surface estate of the lands described in paragraph (1), the surface estate shall be treated as real property subject to the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (3) Withdrawal of mineral estate.--Subject to valid existing rights, the mineral estate of the lands described in paragraph (1) is withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, but not the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.). (4) Use of mineral materials.--Notwithstanding any other provision of this subsection or the Act of July 31, 1947, the Secretary of the Air Force may use, without application to the Secretary of the Interior, the sand, gravel, or similar mineral material resources on the lands described in paragraph (1), of the type subject to disposition under the Act of July 31, 1947, when the use of such resources is required for construction needs on Melrose Air Force Range, New Mexico. (b) Yakima Training Center, Washington.-- (1) Transfer.--Administrative jurisdiction over the surface estate of the following lands is hereby transferred from the Secretary of the Interior to the Secretary of the Army: willamette meridian T. 17 N., R. 20 E. Sec. 22: S\\1/2\\. Sec. 24: S\\1/2\\SW\\1/4\\ and that portion of the E\\1/2\\ lying south of the Interstate Highway 90 right-of-way. Sec. 26: All. T. 16 N., R. 21 E. Sec. 4: SW\\1/4\\SW\\1/4\\. Sec. 12: SE\\1/4\\. Sec. 18: Lots 1, 2, 3, and 4, E\\1/2\\ and E\\1/2\\W\\1/2\\. T. 17 N., R. 21 E. Sec. 30: Lots 3 and 4. Sec. 32: NE\\1/4\\SE\\1/4\\. T. 16 N., R. 22 E. Sec. 2: Lots 1, 2, 3, and 4, S\\1/2\\N\\1/2\\ and S\\1/2\\. Sec. 4: Lots 1, 2, 3, and 4, S\\1/2\\N\\1/2\\ and S\\1/2\\. Sec. 10: All. Sec. 14: All. Sec. 20: SE\\1/4\\SW\\1/4\\. Sec. 22: All. Sec. 26: N\\1/2\\. Sec. 28: N\\1/2\\. T. 16 N., R. 23 E. Sec. 18: Lots 3 and 4, E\\1/2\\SW\\1/4\\, W\\1/ 2\\SE\\1/4\\, and that portion of the E\\1/2\\SE\\1/ 4\\ lying westerly of the westerly right-of-way line of Huntzinger Road. Sec. 20: That portion of the SW\\1/4\\ lying westerly of the easterly right-of-way line of the railroad. Sec. 30: Lots 1 and 2, NE\\1/4\\ and E\\1/ 2\\NW\\1/4\\. Aggregating 6,640.02 acres. (2) Status of surface estate.--Upon transfer of the surface estate of the lands described in paragraph (1), the surface estate shall be treated as real property subject to the Federal Property and Administrative Services Act of 1949 (40 U.S.C 471 et seq.). (3) Withdrawal of mineral estate.--Subject to valid existing rights, the mineral estate of the lands described in paragraph (1) and of the following lands are withdrawn from all forms of appropriation under the public land laws, including the mining laws and the geothermal leasing laws, but not the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.) and the Mineral Leasing Act (30 U.S.C. 181 et seq.): willamette meridian T. 16 N., R. 20 E. Sec. 12: All. Sec. 18: Lot 4 and SE\\1/4\\. Sec. 20: S\\1/2\\. T. 16 N., R. 21 E. Sec. 4: Lots 1, 2, 3, and 4, S\\1/2\\NE\\1/2\\. Sec. 8: All. T. 16 N., R. 22 E. Sec. 12: All. T. 17 N., R. 21 E. Sec. 32: S\\1/2\\SE\\1/4\\. Sec. 34: W\\1/2\\. Aggregating 3,090.80 acres. (4) Use of mineral materials.--Notwithstanding any other provision of this subsection or the Act of July 31, 1947, the Secretary of the Army may use, without application to the Secretary of the Interior, the sand, gravel, or similar mineral material resources on the lands described in paragraphs (1) and (3), of the type subject to disposition under the Act of July 31, 1947, when the use of such resources is required for construction needs on the Yakima Training Center, Washington. Passed the Senate October 5 (legislative day, September 22), 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 2757 _______________________________________________________________________ AN ACT To provide for the transfer and other disposition of certain lands at Melrose Air Force Range, New Mexico, and Yakima Training Center, Washington.", "summary": "Transfers administrative jurisdiction over the surface estate of specified public lands at Yakima Training Center, Washington, from the Secretary to the Secretary of the Army. Sets forth similar withdrawal and use requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Volume Motor Vehicle Manufacturers Act of 2015''. SEC. 2. EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW VOLUME MANUFACTURERS. Section 30114 of title 49, United States Code, is amended-- (1) by striking ``The'' and inserting ``(a) Vehicles Used for Particular Purposes.--The''; and (2) by adding at the end the following new subsection: ``(b) Exemption for Low Volume Manufacturers.-- ``(1) In general.--The Secretary shall-- ``(A) exempt from section 30112(a) of this title not more than 500 replica motor vehicles per year that are manufactured or imported by a low volume manufacturer; and ``(B) except as provided in paragraph (5) of this subsection, limit any such exemption to the Federal Motor Vehicle Safety Standards applicable to motor vehicles and not motor vehicle equipment. ``(2) Registration requirement.--To qualify for an exemption under paragraph (1), a low volume manufacturer shall register with the Secretary at such time, in such manner, and under such terms that the Secretary determines appropriate. The Secretary shall establish terms that ensure that no person may register as a low volume manufacturer if the person is registered as an importer under section 30141 of this title. ``(3) Permanent label requirement.-- ``(A) In general.--The Secretary shall require a low volume manufacturer to affix a permanent label to a motor vehicle exempted under paragraph (1) that identifies the specified standards and regulations for which such vehicle is exempt from section 30112(a) and designates the model year such vehicle replicates. ``(B) Written notice.--The Secretary may require a low volume manufacturer of a motor vehicle exempted under paragraph (1) to deliver written notice of the exemption to-- ``(i) the dealer; and ``(ii) the first purchaser of the motor vehicle, if the first purchaser is not an individual that purchases the motor vehicle for resale. ``(C) Reporting requirement.--A low volume manufacturer shall annually submit a report to the Secretary including the number and description of the motor vehicles exempted under paragraph (1) and a list of the exemptions described on the label affixed under subparagraph (A). ``(4) Definitions.--In this subsection: ``(A) Low volume manufacturer.--The term `low volume manufacturer' means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of this title, whose annual worldwide production is not more than 5,000 motor vehicles. ``(B) Replica motor vehicle.--The term `replica motor vehicle' means a motor vehicle produced by a low volume manufacturer and that-- ``(i) is intended to resemble the body of another motor vehicle that was manufactured not less than 25 years before the manufacture of the replica motor vehicle; and ``(ii) is manufactured under a license for the product configuration, trade dress, trademark or patent for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such rights, unless there is a preponderance of evidence that such rights have been abandoned for at least three years. ``(5) Conforming amendment.--Any motor vehicle exempted under this subsection shall also be exempted from sections 32304, 32502, and 32902 of this title, and from section 1232 of title 15 of the United States Code. ``(6) Limitation and public notice.--The Secretary shall have 60 days to review and approve a registration submitted under paragraph (2). Any registration not approved or denied within 60 days shall be deemed approved. The Secretary shall have the authority to revoke an existing registration based on a failure to comply with requirements set forth in this subsection. The registrant shall be provided a reasonable opportunity to correct all deficiencies, if such are correctable based on the sole discretion of the Secretary. An exemption granted by the Secretary to a low volume manufacturer under this subsection may not be transferred to any other person, and any unused allotment of vehicles authorized to be manufactured or imported on an annual basis by a low volume manufacturer shall not carry forward to another calendar year. The Secretary shall maintain and update the list of current registrants on an annual basis and publish such list in the Federal Register or on a Web page operated by the Secretary. ``(7) Limitation of liability for original manufacturers, licensors, or owners of product configuration, trade dress or design patents.--The original manufacturer, its successor or assignee, or current owner who grants a license or otherwise transfers rights to a low volume manufacturer as defined in this section shall incur no liability to any person or entity under Federal or State statute, regulation, local ordinance, or under any Federal or State common law for such license or assignment to a low volume manufacturer.''. SEC. 3. VEHICLE EMISSION COMPLIANCE STANDARDS FOR LOW VOLUME MOTOR VEHICLE MANUFACTURERS. Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is amended-- (1) in section 206(a) by adding at the end the following new paragraph: ``(5)(A) A motor vehicle engine (including all engine emission controls) from a motor vehicle that has been granted a certificate of conformity by the Administrator for the model year in which the motor vehicle is assembled, or an engine that has been granted an Executive order for the model year in which the motor vehicle is assembled subject to regulations promulgated by the California Air Resources Board, may be installed in an exempted specially produced motor vehicle, if-- ``(i) the manufacturer of the engine supplies written instructions explaining how to install the engine and maintain functionality of the engine's emission control system and the on-board diagnostic system (commonly known as `OBD II'), except with respect to evaporative emissions diagnostics; ``(ii) the producer of the exempted specially produced motor vehicle installs the engine in accordance with such instructions; and ``(iii) the installation instructions include emission control warranty information from the engine manufacturer in compliance with section 207, including where warranty repairs can be made, emission control labels to be affixed to the vehicle, and the certificate of conformity number for the applicable vehicle in which the engine was originally intended or the applicable Executive order number for the engine. ``(B) A motor vehicle containing an engine compliant with the requirements of subparagraph (A) shall be treated as meeting the requirements of section 202 applicable to new vehicles manufactured or imported in the model year in which the exempted specially produced motor vehicle is assembled. ``(C) Engine installations that are not performed in accordance with installation instructions provided by the manufacturer and alterations to the engine not in accordance with the installation instructions shall be treated as prohibited acts by the installer under section 203 and subject to penalties under section 205. ``(D) The producer of an exempted specially produced motor vehicle that has an engine compliant with the requirements of subparagraph (A) shall provide to the purchaser of such vehicle all information received by the producer from the engine manufacturer, including information regarding emissions warranties from the engine manufacturer and all emissions- related recalls by the engine manufacturer. ``(E) To qualify to install an engine under this paragraph, a producer of exempted specially produced motor vehicles shall register with the Administrator at such time and in such manner as the Administrator determines appropriate. The producer shall submit an annual report to the Administrator that includes-- ``(i) a description of the exempted specially produced motor vehicles produced and engines installed in such vehicles; and ``(ii) the certificate of conformity number issued to the motor vehicle in which the engine was originally intended or the applicable Executive order number for the engine. ``(F) Exempted specially produced motor vehicles compliant with this paragraph shall be exempted from-- ``(i) motor vehicle certification testing that might otherwise be required under section 206; and ``(ii) vehicle emission control inspection and maintenance programs required under section 110. ``(G) A producer of exempted specially produced motor vehicles that is compliant with subparagraphs (A) through (E) of this paragraph is not considered a manufacturer for the purposes of this Act.''; and (2) in section 216 by adding at the end the following new paragraph: ``(12) Exempted specially produced motor vehicle.--The term `exempted specially produced motor vehicle' means a replica motor vehicle that is exempt from specified standards as defined in section 30114(b) of title 49, United States Code.''. SEC. 4. IMPLEMENTATION. Not later than 12 months after the date of the enactment of this Act, the Secretary of Transportation and the Administrator of the Environmental Protection Agency shall issue such regulations as may be necessary to implement sections 2 and 3 of this Act, respectively.", "summary": "Low Volume Motor Vehicle Manufacturers Act of 2015 This bill directs the Department of Transportation (DOT) to exempt from certain federal motor vehicle safety and labeling standards up to 500 replica motor vehicles per year manufactured or imported by a low volume manufacturer. The term "low volume manufacturer" means a motor vehicle manufacturer (other than a person registered as an importer meeting certain requirements) that annually produces no more than 5,000 motor vehicles worldwide. Manufacturers shall register with DOT to qualify for an exemption. DOT shall require a manufacturer to affix a permanent label to an exempt replica motor vehicle that identifies the motor vehicle safety and labeling standards from which that vehicle is exempt and the model year the vehicle replicates. The Clean Air Act is amended to allow a low volume motor vehicle manufacturer to install in an exempted specifically produced replica motor vehicle a motor vehicle engine (including engine emission controls) from a motor vehicle granted a certificate of conformity with Environmental Protection Agency emission control standards, or another kind of engine granted an executive order for the model year in which the motor vehicle is assembled, if certain requirements are met."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Service for Schools Act of 2015''. SEC. 2. SERVICE FOR SCHOOLS. Subtitle H of title I of the National and Community Service Act of 1990 (42 U.S.C. 12653 et seq.) is amended by adding at the end the following: ``PART VI--NATIONAL SERVICE FOR SCHOOLS ``SEC. 198T. SERVICE OPPORTUNITY REGISTRY. ``(a) Definitions.-- ``(1) Eligible service opportunity.--The term `eligible service opportunity' means a national service opportunity-- ``(A) that achieves purposes specified in section 2(b), including meeting an unmet human, educational, environmental, or public safety need of the United States, without displacing existing (as of the first date of the opportunity) workers, as determined by the Chief Executive Officer; and ``(B) for which-- ``(i) a participant may receive compensation but, except as provided in clauses (ii) and (iii), the total compensation, in the aggregate, shall not exceed the product of-- ``(I) $10.00 per hour; and ``(II) the number of the qualifying hours of service involved; ``(ii) a participant may receive total compensation that exceeds the product described in clause (i), if the excess is subtracted from the amount of the participant's corresponding award under subsection (d); and ``(iii) a participant in a professional corps program described in section 122(c)(1)(D), who is in engaged in a service opportunity that meets human, educational, environmental, or public safety needs in a high-need community with an inadequate number of such professionals, as determined by the Chief Executive Officer, may receive compensation without regard to clauses (i) and (ii). ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) completed 2000 qualifying hours of service when the individual was a qualified student, which hours are recorded by a State Commission under subsection (c); and ``(B) is not older than age 35. ``(3) Qualified student.--The term `qualified student' means an individual who is not younger than age 12 or older than age 30. ``(4) Qualifying hour of service.--The term `qualifying hour of service' means an hour of service performed for an eligible service opportunity and for which the participant did not receive a payment under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.). ``(b) Registry.-- ``(1) In general.--The Corporation shall establish and carry out directly, in partnership with a nonprofit organization or State Commission or through a grant or subgrant to a nonprofit organization or State Commission, activities concerning a Service Opportunity Registry (referred to in this section as the `Registry'), which shall list eligible service opportunities and the registered organizations offering the opportunities. ``(2) Application.--To be eligible to be registered in the Registry, an organization that offers an eligible service opportunity shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require. ``(3) Registry information.--On receipt of an application that meets the requirements of paragraph (2) from an organization that the Chief Executive Officer determines offers an eligible service opportunity, the Corporation shall register the organization by listing in the Registry-- ``(A) the names and contact information for the organization; and ``(B) a description of the eligible service opportunity. ``(4) Web site.--The Corporation shall make the Registry available to the public through a National Service for Schools Web site. ``(5) Re-registration.--Not less often than every 2 years, a listed organization that offers an eligible service opportunity shall re-apply for listing in the Registry. ``(c) Service.-- ``(1) Application.--To be eligible to participate in and receive credit for service in service opportunities listed in the Registry, a qualified student shall submit an application to the student's State Commission, at such time, in such manner, and containing the qualified student's name, the qualified student's contact information, and such other information as the Corporation, after consultation with the State Commissions, may require. ``(2) Designation.--In order for students in a State to participate in and receive credit for that service, the State Commission shall participate in the program carried out under this part. On receipt of an application that meets the requirements of paragraph (1) from a qualified student, the State Commission shall designate the qualified student as eligible to so participate and receive such credit. ``(3) Contact.--A qualified student who wishes to participate in a service opportunity listed in the Registry shall contact and make arrangements with the organization providing the opportunity. ``(4) Record of service.-- ``(A) Organization.--The organization shall record the qualifying hours of service completed by each qualified student who participates in an eligible service opportunity with the organization. ``(B) State commission.--The organization shall, not less often than annually, notify the appropriate State Commission of the number of qualifying hours of service completed by each qualified student on an eligible service opportunity with the organization since the last notification. The State Commission shall record the qualifying hours of service in a record for the qualified student. The State Commission shall make the record available to the Corporation on request. ``(5) Transfer of application and record.--At the request of a qualified student, a State Commission shall transfer to another State Commission the qualified student's application for service under paragraph (1) and record of hours of service under paragraph (4)(B). ``(6) Effect of erroneous certifications.--If the State Commission or the Corporation determines that the organization's record of service under paragraph (4) is erroneous due to a willful act of the organization or is incorrect, and the Corporation makes any associated payment from the National Service Trust due to the erroneous or incorrect record of service, the Corporation may assess against the organization a charge for the amount of the payment. In assessing the amount of the charge, the Corporation shall consider the full facts and circumstances surrounding the erroneous or incorrect recording of hours. ``(d) Awards.-- ``(1) In general.--Subject to appropriations, an eligible student shall receive an award of $10,000 from the National Service for Schools Account, established in section 145A, to be used as described in subsection (f), except that-- ``(A) the eligible student may not receive more than 4 of such awards; and ``(B) the eligible student may not receive both an award under this section and a national service educational award for the same hours of service. ``(2) Application.--An eligible student seeking such an award shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require. ``(e) Credit of Hours of Service for National Service Participants.--A participant who is eligible to receive a national service educational award from the National Service Trust under section 146 may opt to use the hours certified under section 146A towards an award under subsection (d). The Corporation shall establish a process allowing such participants to elect to use their hours certified under section 146A towards that award instead of towards a national service educational award. ``(f) Use of Funds.-- ``(1) In general.--Award funds provided under this section shall be available-- ``(A) to repay eligible student loans in accordance with section 148(b); and ``(B) to pay all or part of the cost of attendance or other educational expenses at an institution of higher education in accordance with section 148(c). ``(2) Application.--For purposes of the application of subsections (b) and (c) of section 148 under paragraph (1), a reference in those subsections-- ``(A) to a national service educational award shall be considered to be a reference to an award under this section; ``(B) to an eligible individual shall be considered to be a reference to an eligible student who has met the requirements for an award under this section; ``(C) to the National Service Trust shall be considered to be a reference to the National Service for Schools Account established in section 145A; ``(D) to a position shall be considered to be a reference to activities under this section; and ``(E) to a term of service shall be considered to be a term of service under this section. ``(g) National Service for Schools Account.-- ``(1) Investment.--The Secretary of the Treasury shall invest in full the amounts appropriated under subsection (i)(1)(B) to the National Service for Schools Account in section 145A. Except as otherwise provided in this section, the only provisions of subtitle D relating to funds in the National Service Trust that apply to amounts in the Account shall be section 145(b) and subsections (b) and (c) of section 148. ``(2) Obligations for awards.--Notwithstanding section 149, the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.), subchapter III of chapter 13 of title 31, United States Code, and any other Federal law, the Corporation shall not record an obligation for an award under this section until such time as the Corporation approves the corresponding application under subsection (d)(2). ``(h) Annual Estimates.--Not later than January 31 of each fiscal year, the Corporation and the Director of the Congressional Budget Office shall jointly-- ``(1) estimate the amount necessary to make award payments under subsection (d) in the next fiscal year; and ``(2) submit a report containing the estimate to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. ``(i) Appropriations.-- ``(1) In general.--There is authorized to be appropriated for a fiscal year-- ``(A) such sums as may be necessary to carry out the Registry under this section; and ``(B) such sums as may be necessary for the National Service for Students Account, to make award payments under subsection (d). ``(2) Insufficient appropriations.--If, for any fiscal year, the funds appropriated for award payments under this part are insufficient to make all the awards for which applications are submitted and approved under subsection (d)(2), the Corporation shall promptly transmit a notice of such insufficiency to each House of Congress, and identify in such notice the additional amount that would be required to be appropriated to make all such awards.''. SEC. 3. ESTABLISHMENT OF THE NATIONAL SERVICE FOR SCHOOLS ACCOUNT. Subtitle D of title I of the National and Community Service Act of 1990 is amended by inserting after section 145 (42 U.S.C. 12601) the following: ``SEC. 145A. NATIONAL SERVICE FOR SCHOOLS ACCOUNT. ``(a) Establishment.--There is established in the National Service Trust a National Service for Schools Account. ``(b) Amounts in the Account.--The Account shall consist of-- ``(1) the amounts appropriated under section 198T(i)(1)(B); ``(2) any amounts received by the Corporation as gifts, bequests, devises, or otherwise pursuant to section 196(a)(2), if the terms of such donations direct that the donated amounts be deposited in the Account; and ``(3) the interest on, and proceeds from the sale or redemption of, any obligations held by the Account. ``(c) Administration.--The Account shall be administered as described in section 198T.''.", "summary": "Service for Schools Act of 2015 This bill amends the National and Community Service Act of 1990 to direct the Corporation for National and Community Service to establish the National Service for Schools Program to carry out activities concerning a Service Opportunity Registry that shall list eligible service opportunities and the registered organizations that offer them. Upon receiving an application from an organization that offers an eligible service opportunity, the Corporation shall register it in a specified manner, including a description of the eligible service opportunity in the Registry. To be eligible to participate in and receive credit for service in a service opportunity listed in the Registry, qualified students must apply to their participating State Commission on National and Community Service. Each organization shall: record the qualifying hours of service completed by each qualified student who participates in a service opportunity; and notify the appropriate State Commission at least annually of the number of qualifying hours of service completed by each qualified student on a service opportunity. Eligible students shall receive an award of $10,000 from the National Services for Schools Account (established by this bill) for use to: repay eligible student loans, or pay all or part of the cost of attendance or other educational expenses at an institution of higher education."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Accuracy in Medicare Physician Payment Act of 2013''. SEC. 2. EXPERT ADVISORY PANEL REGARDING RELATIVE VALUE SCALE PROCESS USED IN MEDICARE PHYSICIAN FEE SCHEDULE. Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395m(c)(2)) is amended by adding at the end the following new subparagraph: ``(M) Use of expert advisory panel regarding relative value scale process used.-- ``(i) In general.--For purposes of providing oversight to the processes (including the process described in subparagraph (K)) relating to valuation of physicians' services, not later than 90 days after the date of the enactment of this subparagraph, the Secretary shall establish and appoint an expert outside advisory panel (in this subparagraph referred to as the `panel'). ``(ii) Composition of panel.--The panel shall be composed of individuals with expertise in the valuation of physicians' services, such as individuals who are medical directors for carriers, experts in medical economics and technology diffusion, and private payer plan representatives, and shall include a mix of physicians in different specialty areas, particularly physicians who are not directly affected by changes in the valuation of physicians' services under this section (such as retired physicians and physicians who are employed by managed care organizations or academic medical centers), as well as representatives of individuals enrolled under this part. ``(iii) Duties.-- ``(I) In general.--The panel shall provide oversight to the processes of identifying, reviewing, and adjusting valuations for physicians' services under this section, including activities described in the succeeding provisions of this clause. ``(II) Establishment of screens.-- The panel may establish screens (in addition to the screens identified under subparagraph (K)(ii)) and other means for identifying physicians' services for which there are potentially misvalued codes for review, such as services that have experienced substantial changes in length of stay, site of service, volume, practice expense, and other factors that may indicate changes in physician work. ``(III) Data collection.--The panel may collect data and develop supporting evidence relating to the valuation of physicians' services. ``(IV) Surveys.--The panel may conduct surveys of suppliers of physicians' services and may conduct time and motion studies relating to such valuations. ``(V) Transmitting codes for review and recommendations.--The panel may transmit with supporting evidence codes for review and recommendations through the means described in subparagraphs (I) through (III) of subparagraph (K)(iii). ``(VI) Evaluation of recommendations submitted.--The panel shall evaluate any recommendations submitted through such means (whether pursuant to the solicitation under subclause (V) or otherwise) and report to the Secretary on such evaluation. The panel's activities under subclauses (III) and (IV) may be conducted directly or through contracts with appropriate, qualified entities. ``(iv) Application of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the panel, except that section 14 of such Act shall not apply. ``(v) Funding.--The Secretary shall provide for the transfer of not to exceed $10,000,000 for each fiscal year (beginning with fiscal year 2014) from the Federal Medical Supplementary Medical Insurance Trust Fund established in section 1841 to the Center for Medicare & Medicaid Services Program Management Account to carry out this subparagraph, including for the management and staffing of the panel and the conduct of activities described in clause (iii).''.", "summary": "Accuracy in Medicare Physician Payment Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and appoint an expert outside advisory panel for purposes of providing oversight to the processes relating to valuation of physicians' services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Head Start Assessment Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) When used appropriately, valid and reliable assessments can be of positive value for improving instruction and supporting development of young children. (2) According to the National Academy of Sciences report, Eager to Learn: Educating Our Preschoolers, assessment of children below school age is in ``flux'' and ``all assessments, and particularly assessments for accountability, must be used carefully and appropriately if they are to resolve, and not create, educational problems.'' (3) The Eager to Learn report emphasized that the intended purpose and use of the data to be derived from assessments should be considered in determining which assessment instruments and procedures are most appropriate. (4) The National Academy of Sciences reports that few early childhood educators and administrators are well-trained in the selection and appropriate use of assessments for young children. (5) According to the National Academy of Sciences report, From Neurons to Neighborhoods, the emotional and social development of young children is as critical to school readiness as language and cognitive development. (6) The Head Start Act currently requires programs to assess children in Head Start a minimum of three times a year against certain performance standards, which include all domains of the development and learning of children. (7) The proposed Head Start National Reporting System on Child Outcomes assessment is not reflective of the full range of skills and competencies that the National Academy of Sciences reports state children require to succeed, and it has not been thoroughly debated by those groups associated with Head Start, including early childhood development and assessment experts, early childhood educators and administrators, family members of children participating in Head Start, or Congress. SEC. 3. DELAYED IMPLEMENTATION OF ASSESSMENT PROCEDURES IN CONNECTION WITH THE HEAD START NATIONAL REPORTING SYSTEM ON CHILD OUTCOMES. (a) Satisfaction of Conditions.--The Secretary of Health and Human Services shall not proceed with the full-scale implementation of the Head Start National Reporting System on Child Outcomes, as described in the project proposal (68 Fed. Reg. 17815; relating to Implementation of the Head Start National Reporting System on Child Outcomes), until the Secretary certifies to Congress that the following conditions have been satisfied: (1) Oversight hearings.--Congressional oversight hearings have been concluded concerning the development and implementation of the Head Start National Reporting System on Child Outcomes. (2) Public forums.--The Secretary has concluded, consistent with the requirements of subsection (b), public forums in different regions of the United States, and provided an opportunity for written public comments, concerning early childhood assessment proposals. (3) Study on early childhood assessments.--The Secretary has submitted, consistent with subsection (c), to Congress a study of early childhood assessments focusing on improving accountability, instruction, and the delivery of services. The Secretary shall request the National Academy of Sciences to prepare the study using a panel of nationally recognized experts in early childhood assessment, child development, and education. (4) Availability of funds.--Without reducing the number of students served by Head Start, sufficient funds are available to-- (A) develop and implement any new Head Start assessments; and (B) deliver necessary additional technical assistance and professional development required to successfully implement the new assessments. (b) Public Forum Participation.--To satisfy the condition specified in subsection (a)(2), the Secretary shall ensure that participation in the required forums includes-- (1) early childhood development and assessment experts; (2) early childhood educators and administrators; and (3) family members of children participating in Head Start. (c) Information Required by Study on Early Childhood Assessments.-- To satisfy the condition specified in subsection (a)(3), the Secretary shall ensure that the required study contains, at a minimum, specific information regarding the following: (1) Which skills and competencies are predictive of school readiness and future academic success. (2) The development, selection, and use of instruments, determined to be reliable and validated for preschoolers, including preschoolers in the Head Start population, to assess the development in young children of-- (A) literacy, language, and mathematical skills; (B) emotional and social skills; and (C) health and physical well-being. (3) The development of appropriate benchmarks and the proper use of early childhood assessments to improve Head Start program effectiveness and instruction. (4) The resources required for successful implementation of additional assessments within Head Start and how such additional assessments might be coordinated with current processes. (5) Whether a new assessment would provide information to improve program accountability or instruction that is not already available from existing assessments and reporting procedures within Head Start. (6) The professional development and personnel needs for successful implementation of early childhood assessments. (7) The practicality of employing sampling techniques as part of any early childhood assessment. (8) The practicality of employing observational and work- sampling assessment techniques as part of an early childhood assessment. (9) Steps needed to ensure that assessments accommodate the racial, cultural, and linguistic diversity of young children, including young children with disabilities.", "summary": "Head Start Assessment Act of 2003 - Prohibits the Secretary of Health and Human Services from proceeding with the full-scale implementation of the Head Start National Reporting System on Child Outcomes, as described in a specified project proposal, until the Secretary certifies to Congress that: (1) congressional oversight hearings have been concluded concerning the development and implementation of the System; (2) the Secretary has concluded public forums in different regions of the United States, and provided an opportunity for written public comments, concerning early childhood assessment proposals; (3) the Secretary has reported to Congress a study by the National Academy of Sciences of early childhood assessments focusing on improving accountability, instruction, and the delivery of services; and (4) sufficient funds are available to develop and implement any new Head Start assessments, and deliver necessary additional technical assistance and professional development required to successfully implement these assessments. Prescribes requirements for participants in such public forums."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care OverUse Reform Today Act (HealthCOURT Act) of 2011''. SEC. 2. LIMITATION ON RECOVERY IN A HEALTH CARE LAWSUIT BASED ON COMPLIANCE WITH BEST PRACTICE GUIDELINES. (a) Selection and Issuance of Best Practices Guidelines.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall provide for the selection and issuance of best practice guidelines for treatment of medical conditions (each in this subsection referred to as a ``guideline'') in accordance with paragraphs (2) and (3). (2) Development process.--Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop guidelines. The contract shall require that the organization submit guidelines to the agency not later than 18 months after the date of enactment of this Act. (3) Issuance.-- (A) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall, after notice and opportunity for public comment, make a rule that provides for the establishment of the guidelines submitted under paragraph (2). (B) Limitation.--The Secretary may not make a rule that includes guidelines other than those submitted under paragraph (2). (C) Dissemination.--The Secretary shall post such guidelines on the public Internet web page of the Department of Health and Human Services. (4) Maintenance.--Not later than 4 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall review the guidelines and shall, as necessary, enter into contracts similar to the contract described in paragraph (2), and issue guidelines in a manner similar to the issuance of guidelines under paragraph (3). (b) Limitation on Damages.-- (1) Limitation on noneconomic damages.--In any health care lawsuit, a court may not award noneconomic damages with respect to treatment that is consistent with a guideline issued under subsection (a). (2) Limitation on punitive damages.--In any health care lawsuit, no punitive damages may be awarded against a health care provider based on a claim that such treatment caused the claimant harm if-- (A) such treatment was subject to quality review by a qualified physician consensus-building organization and has been found to be safe, effective, and appropriate; (B) such treatment was approved in a guideline that underwent full review by such organization, public comment, approval by the Secretary, and dissemination as described in subparagraph (a); or (C) such medical treatment is generally recognized among qualified experts (including medical providers and relevant physician specialty organizations) as safe, effective, and appropriate. (c) Use.-- (1) Introduction as evidence.--Guidelines established in a rule made under subsection (a) may not be introduced as evidence of negligence or deviation in the standard of care in any health care lawsuit unless they have previously been introduced by the defendant. (2) No presumption of negligence.--There shall be no presumption of negligence if a health care provider provides treatment in a manner inconsistent with such guidelines. (d) Construction.--Nothing in this section shall be construed as preventing a State from-- (1) replacing their current medical malpractice rules with rules that rely, as a defense, upon a health care provider's compliance with a guideline issued under subsection (a); or (2) applying additional guidelines or safe-harbors that are in addition to, but not in lieu of, the guidelines issued under subsection (a). SEC. 3. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS. ``(a) In General.--The Secretary may award grants to States for the development, implementation, and evaluation of administrative health care tribunals that comply with this section, for the resolution of disputes concerning injuries allegedly caused by health care providers. ``(b) Conditions for Demonstration Grants.--To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as may be required by the Secretary. A grant shall be awarded under this section on such terms and conditions as the Secretary determines appropriate. ``(c) Representation by Counsel.--A State that receives a grant under this section may not preclude any party to a dispute before an administrative health care tribunal operated under such grant from obtaining legal representation during any review by the expert panel under subsection (d), the administrative health care tribunal under subsection (e), or a State court under subsection (f). ``(d) Expert Panel Review and Early Offer Guidelines.-- ``(1) In general.--Prior to the submission of any dispute concerning injuries allegedly caused by health care providers to an administrative health care tribunal under this section, such allegations shall first be reviewed by an expert panel. ``(2) Composition.-- ``(A) In general.--The members of each expert panel under this subsection shall be appointed by the head of the State agency responsible for health. Each expert panel shall be composed of no fewer than 3 members and not more than 7 members. At least one-half of such members shall be medical experts (either physicians or health care professionals). ``(B) Licensure and expertise.--Each physician or health care professional appointed to an expert panel under subparagraph (A) shall-- ``(i) be appropriately credentialed or licensed in 1 or more States to deliver health care services; and ``(ii) typically treat the condition, make the diagnosis, or provide the type of treatment that is under review. ``(C) Independence.-- ``(i) In general.--Subject to clause (ii), each individual appointed to an expert panel under this paragraph shall-- ``(I) not have a material familial, financial, or professional relationship with a party involved in the dispute reviewed by the panel; and ``(II) not otherwise have a conflict of interest with such a party. ``(ii) Exception.--Nothing in clause (i) shall be construed to prohibit an individual who has staff privileges at an institution where the treatment involved in the dispute was provided from serving as a member of an expert panel merely on the basis of such affiliation, if the affiliation is disclosed to the parties and neither party objects. ``(D) Practicing health care professional in same field.-- ``(i) In general.--In a dispute before an expert panel that involves treatment, or the provision of items or services-- ``(I) by a physician, the medical experts on the expert panel shall be practicing physicians (allopathic or osteopathic) of the same or similar specialty as a physician who typically treats the condition, makes the diagnosis, or provides the type of treatment under review; or ``(II) by a health care professional other than a physician, at least two medical experts on the expert panel shall be practicing physicians (allopathic or osteopathic) of the same or similar specialty as the health care professional who typically treats the condition, makes the diagnosis, or provides the type of treatment under review, and, if determined appropriate by the State agency, an additional medical expert shall be a practicing health care professional (other than such a physician) of such a same or similar specialty. ``(ii) Practicing defined.--In this paragraph, the term `practicing' means, with respect to an individual who is a physician or other health care professional, that the individual provides health care services to individual patients on average at least 2 days a week. ``(E) Pediatric expertise.--In the case of dispute relating to a child, at least 1 medical expert on the expert panel shall have expertise described in subparagraph (D)(i) in pediatrics. ``(3) Determination.--After a review under paragraph (1), an expert panel shall make a determination as to the liability of the parties involved and compensation. ``(4) Acceptance.--If the parties to a dispute before an expert panel under this subsection accept the determination of the expert panel concerning liability and compensation, such compensation shall be paid to the claimant and the claimant shall agree to forgo any further action against the health care providers involved. ``(5) Failure to accept.--If any party decides not to accept the expert panel's determination, the matter shall be referred to an administrative health care tribunal created pursuant to this section. ``(e) Administrative Health Care Tribunals.-- ``(1) In general.--Upon the failure of any party to accept the determination of an expert panel under subsection (d), the parties shall have the right to request a hearing concerning the liability or compensation involved by an administrative health care tribunal established by the State involved. ``(2) Requirements.--In establishing an administrative health care tribunal under this section, a State shall-- ``(A) ensure that such tribunals are presided over by special judges with health care expertise; ``(B) provide authority to such judges to make binding rulings, rendered in written decisions, on standards of care, causation, compensation, and related issues with reliance on independent expert witnesses commissioned by the tribunal; ``(C) establish gross negligence as the legal standard for the tribunal; ``(D) allow the admission into evidence of the recommendation made by the expert panel under subsection (d); and ``(E) provide for an appeals process to allow for review of decisions by State courts. ``(f) Review by State Court After Exhaustion of Administrative Remedies.-- ``(1) Right to file.--If any party to a dispute before a health care tribunal under subsection (e) is not satisfied with the determinations of the tribunal, the party shall have the right to file their claim in a State court of competent jurisdiction. ``(2) Forfeit of awards.--Any party filing an action in a State court in accordance with paragraph (1) shall forfeit any compensation award made under subsection (e). ``(3) Admissibility.--The determinations of the expert panel and the administrative health care tribunal pursuant to subsections (d) and (e) with respect to a State court proceeding under paragraph (1) shall be admissible into evidence in any such State court proceeding. ``(g) Definition.--In this section, the term `health care provider' means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. ``(h) Authorization of Appropriations.--There are authorized to be appropriated for any fiscal year such sums as may be necessary for purposes of making grants to States under this section.''. SEC. 4. DEFINITIONS. In this Act: (1) Health care lawsuit.--The term ``health care lawsuit'' means any health care liability claim concerning the provision of health care goods or services brought in a Federal court or in a State court or pursuant to an alternative dispute resolution system, if such claim concerns items or services with respect to which payment is made under title XVIII, title XIX, or title XXI of the Social Security Act or for which the claimant receives a Federal tax benefit, against a health care provider, a health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, regardless of the theory of liability on which the claim is based, or the number of claimants, plaintiffs, defendants, or other parties, or the number of claims or causes of action, in which the claimant alleges a health care liability claim. Such term does not include a claim or action which is based on criminal liability; which seeks civil fines or penalties paid to Federal government; or which is grounded in antitrust. (2) Noneconomic damages.--The term ``noneconomic damages'' means damages for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and any other nonpecuniary losses. (3) Punitive damages.--The term ``punitive damages'' means damages awarded, for the purpose of punishment or deterrence, and not solely for compensatory purposes, against a health care provider. Punitive damages are neither economic nor noneconomic damages. (4) Medical treatment.--The term ``medical treatment'' means the provision of any goods or services by a health care provider or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, or treatment of any human disease or impairment, or the assessment or care of the health of human beings. (5) Health care provider.--The term ``health care provider'' means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. (6) Federal tax benefit.--A claimant shall be treated as receiving a Federal tax benefit with respect to payment for items or services if-- (A) such payment is compensation by insurance-- (i) which constitutes medical care, and (ii) with respect to the payment of premiums for which the claimant, or the employer of the claimant, was allowed an exclusion from gross income, a deduction, or a credit for Federal income tax purposes, (B) a deduction was allowed with respect to such payment for Federal income tax purposes, or (C) such payment was from an Archer MSA (as defined in section 220(d) of the Internal Revenue Code of 1986), a health savings account (as defined in section 223(d) of such Code), a flexible spending arrangement (as defined in section 106(c)(2) of such Code), or a health reimbursement arrangement which is treated as employer-provided coverage under an accident or health plan for purposes of section 106 of such Code.", "summary": "Health Care OverUse Reform Today Act (HealthCOURT Act) of 2011 - Requires the Secretary of Health and Human Services (HHS) to provide for the selection and issuance of best practice guidelines for treatment of medical conditions. Requires the Secretary to contract with a qualified physician consensus-building organization to develop guidelines and issue a rule that provides for the establishment of such guidelines. Prohibits the Secretary from making a rule that includes guidelines other than those submitted by such organization. Requires the Secretary to routinely review guidelines and, as necessary, enter into additional contracts to issue guidelines. Prohibits a court from awarding noneconomic damages or punitive damages in any health care lawsuit with respect to treatment that is consistent with a guideline issued under this Act. Prohibits guidelines from being introduced as evidence of negligence or deviation in the standard of care in any health care lawsuit unless such guidelines have previously been introduced by the defendant. Declares that there shall be no presumption of negligence if a health care provider provides treatment in a manner inconsistent with such guidelines. Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers. Sets forth provisions governing the operation of such tribunals, including requiring a review of allegations by an expert panel to assess liability."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Abuse Treatment on Demand Assistance Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Department of Health and Human Services, each year drug and alcohol related abuse kills more than 120,000 Americans. (2) In 1999, an estimated 14,800,000 Americans were current illicit drug users. (3) States across the country are faced with increasing demands for drug treatment programs. (4) In addition, methamphetamine abuse continues to be on the rise. Methamphetamine abuse accounts for 5.1 percent of all treatment admissions, which was the fourth highest percentage after cocaine, heroin, and marijuana. (5) Current statistics show that methamphetamine use is increasing rapidly especially among the nation's youth. (6) There are 2,700,000 substance abusers in America in need of treatment. (7) This number exceeds the 2,137,100 persons receiving treatment. (8) Recent reports indicate that every additional dollar invested in substance abuse treatment saves taxpayers $7.46 in societal costs. (9) In California, the average cost to taxpayers per inmate, per year, is $23,406 versus $4,300 for a full treatment program. (10) Drugs and alcohol cost taxpayers nearly $276,000,000,000 annually in preventable health care costs, extra law enforcement, auto crashes, crime and lost productivity versus $3,100,000,000 appropriated for substance abuse-related activities in fiscal year 2000. (11) Nationwide, 59 percent of police chiefs believe that drug offenders should be treated rather than incarcerated. (12) Current treatment on demand programs such as those in San Francisco and Baltimore focus on the specific drug abuse needs of the local community and should be encouraged. (13) Many States have developed programs designed to treat non-violent drug offenders and this should be encouraged. (14) Drug treatment prevention programs must be increased in order to effectively address the needs of those actively seeking treatment before they commit a crime. SEC. 3. PURPOSE. It is the purpose of this Act to-- (1) assist individuals who voluntarily seek the services of drug abuse treatment programs by providing them with treatment on demand; (2) provide assistance to help eliminate the backlog of individuals on waiting lists to obtain drug treatment for their addictions; (3) enhance public safety by reducing drug-related crimes and preserving jails and prison cells for serious and violent criminal offenders; and (4) assist States in the implementation of alternative drug treatment programs that divert non-violent drug offenders to treatment programs that are more suited for the rehabilitation of drug offenders. SEC. 4. DEFINITIONS. In this Act: (1) Drug treatment program.-- (A) In general.--The terms ``drug treatment program'' and ``alternative treatment program'' mean a licensed or certified community drug treatment program that may include-- (i) outpatient treatment; (ii) half-way house treatment; (iii) narcotic replacement therapy; or (iv) drug education or prevention courses or limited inpatient or residential drug treatment as needed to address special detoxification or relapse situation or severe dependence. (B) Limitation.--Such terms shall not include drug treatment programs offered in a prison or jail facility. (2) Non-violent.--The term ``non-violent'' with respect to a criminal offense means an offense that is not a crime of violence as defined under the applicable State law. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia and the Commonwealth of Puerto Rico. SEC. 5. GRANTS FOR THE EXPANSION OF CAPACITY FOR PROVIDING TREATMENT. Section 501 of the Public Health Service Act (42 U.S.C. 290aa), as amended by section 3102 of the Youth Drug and Mental Health Services Act (Public Law 106-310), is amended-- (1) in subsection (d)-- (A) in paragraph (17), by striking ``and'' at the end; (B) in paragraph (18), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(19) make grants for the purpose of increasing the maximum number of individuals to whom public and nonprofit private entities are capable of providing effective treatment for substance abuse, with the goal of ensuring that substance abuse treatment is available for all substance abusers who seek it.''; and (2) in subsection (o)-- (A) by striking ``For the'' and inserting the following: ``(1) In general.--For the''; (B) by inserting ``except for grants under subsection (d)(19),''; and (C) by adding at the end the following: ``(2) Treatment Capacity.--For the purpose of making grants under subsection (d)(19), there are authorized to be appropriated-- ``(A) $600,000,000 for fiscal year 2002; ``(B) $1,200,000,000 for fiscal year 2003; ``(C) $1,800,000,000 for fiscal year 2004; ``(D) $2,400,000,000 for fiscal year 2005; and ``(E) $3,000,000,000 for fiscal year 2006.''. SEC. 6. ALTERNATIVE TREATMENT PROGRAMS. (a) Grants.--The Attorney General, in consultation with the Secretary, shall award grants to eligible States to enable such States, either directly or through the provision of assistance to counties or local municipalities, to provide drug treatment services to individuals who have been convicted of non-violent drug possession offenses and diverted from incarceration because of the enrollment of such individuals into community-based drug treatment programs. (b) Eligibility.--To be eligible to receive a grant under this section a State shall-- (1) be implementing an alternative drug treatment program under which any individual in the State who has been convicted of a non-violent drug possession offense may be enrolled in an appropriate drug treatment program as an alternative to incarceration; and (2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of Funds.--Amounts provided to a State under a grant under this section may be used by the State (or by State or local entities that receive funding from the State under this section) to pay expenses associated with-- (1) the construction of treatment facilities; (2) payments to related drug treatment services providers that are necessary for the effectiveness of the program, including aftercare supervision, vocational training, education, and job placement; (3) drug testing; (4) probation services; and (5) counseling, including mental health services. (d) Matching Requirement.--Funds may not be provided to a State under this section unless the State agrees that, with respect to the costs to be incurred by the State in carrying out the drug treatment program involved, the State will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is at least equal to the amount of Federal funds provided to the State under this section. (e) Authorization of Appropriations.--There is authorized to carry out this section, $125,000,000 for each of fiscal years 2002 through 2006.", "summary": "Drug Abuse Treatment on Demand Assistance Act - Authorizes appropriations for grants for the purpose of increasing the maximum number of individuals to whom public and nonprofit private entities are capable of providing effective treatment for substance abuse, with the goal of ensuring that substance abuse treatment is available for all substance abusers who seek it."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National September 11 Memorial & Museum Commemorative Medal Act of 2010''. SEC. 2. STRIKING AND DESIGN OF MEDALS. (a) Striking of Medals.--In commemoration of the 10th anniversary of the September 11, 2001, terrorist attacks on the United States and the establishment of the National September 11 Memorial & Museum at the World Trade Center, the Secretary of the Treasury (hereinafter referred to as the ``Secretary'') shall strike and make available for sale not more than 2,000,000 silver medals, each of which shall contain 1 ounce of silver. (b) Design Requirement.-- (1) In general.--The design of the medals struck under this Act shall be emblematic of the courage, sacrifice, and strength of those individuals who perished in the terrorist attacks of September 11, 2001, the bravery of those who risked their lives to save others that day, and the endurance, resilience, and hope of those who survived. (2) Inscriptions.--On each medal struck under this Act, there shall be-- (A) an inscription of the years ``2001-2011''; and (B) an inscription of the words ``Always Remember''. (c) Selection.--The design for the medals struck under this Act shall be-- (1) selected by the Secretary, after consultation with the National September 11 Memorial & Museum at the World Trade Center and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 3. ISSUANCE OF MEDALS. (a) Quality of Medals.--The medals struck under this Act shall be made available for sale in the quality comparable to proof coins. (b) Mint Facility.-- (1) In general.--Only 2 facilities of the United States Mint may be used to strike medals under this Act. (2) Use of the united states mints at west point, new york, and philadelphia, pennsylvania.--It is the sense of Congress that, to the extent possible, approximately one-half of the medals to be struck under this Act should be struck at the United States Mint at West Point, New York, and approximately one-half struck at the United States Mint at Philadelphia, Pennsylvania. (c) Date of Issuance.--The Secretary may make the medals available for sale under this Act beginning on January 1, 2011. (d) Termination of Authority.--No medals shall be struck under this Act after December 31, 2012. SEC. 4. NUMISMATIC ITEMS. For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 6. SALE OF MEDALS. (a) Sales Price.--The medals made available for sale under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the cost of designing and selling such medals (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping); and (2) the surcharge provided in section 7 with respect to such medals. (b) Bulk Sales.--The Secretary shall make bulk sales of the medals at a reasonable discount. (c) Introductory Orders.-- (1) In general.--The Secretary shall accept introductory orders for medals made available for sale under this Act. (2) Discount.--Sale prices with respect to introductory orders under paragraph (1) shall be made at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of medals made available for sale under this Act shall include a surcharge of $10 per medal. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of medals under this Act shall be paid to the National September 11 Memorial & Museum at the World Trade Center to support the operations and maintenance of the National September 11 Memorial & Museum at the World Trade Center following its completion. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National September 11 Memorial & Museum at the World Trade Center as may be related to the expenditures of amounts paid under subsection (b). SEC. 8. BUDGET COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "National September 11 Memorial & Museum Commemorative Medal Act of 2010 - Directs the Secretary of the Treasury to strike and make available for sale not more than 2 million silver national medals, containing one ounce of silver each, in commemoration of the 10th anniversary of the September 11, 2001, terrorist attacks on the United States and the establishment of the National September 11 Memorial & Museum at the World Trade Center. Declares that all sales of medals under this Act shall include a surcharge of $10 per medal, which shall be paid to the National September 11 Memorial & Museum at the World Trade Center to support its operations and maintenance. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Collection Act Amendments of 1993''. SEC. 2. IMPROVED DEBT COLLECTION PRACTICES. (a) Use of Collection Agencies.--Section 3718(a) of title 31, United States Code, is amended by striking ``Under conditions'' and all that follows through ``make'' and inserting ``The head of an executive or legislative agency shall make''. (b) Salary Offset.--Subsection (a)(1) of section 5514 of title 5, United States Code, is amended by striking ``may be collected'' and inserting ``shall be collected''. (c) Disclosure to Consumer Reporting Agencies.--Subsection (f)(1) of section 3711 of title 31, United States Code, is amended by striking ``may disclose'' and inserting ``shall disclose''. (d) Administrative Offsets.--Subsection (a) of section 3716 of title 31, United States Code, is amended by striking ``may'' the first place it appears and inserting ``shall''. (e) Report to the Internal Revenue Service of Debts Paid in Full.-- Subchapter II of chapter 37 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 3720B. Report to the Internal Revenue Service of Debts Paid in Full ``The head of a Federal agency shall report any debt that has been paid in full to the Internal Revenue Service promptly after the agency has determined that the debt has been paid in full.''. (f) Disclosure by Internal Revenue Service of Address Information.--Section 6103(m)(2)(A) of the Internal Revenue Code of 1986 is amended by inserting before the period ``, or any other law granting a Federal agency the authority to collect or compromise a Federal claim against the taxpayer.''. (g) Audits and Report of Audit.-- (1) Audits of federal agencies.--The Comptroller General of the United States shall annually conduct audits of each Federal agency to determine-- (A) the amount of debt owed to the agency; (B) the amount of debt owed to the agency that is delinquent; and (C) any action taken by the agency to recover the delinquent debt. (2) Reports to congress.--The Comptroller General shall submit annually to the Congress a report containing the information obtained through the audits prepared pursuant to paragraph (1). (h) Extension of Pilot Debt Collection Project.-- (1) Extension of pilot project.--Section 5 of Public Law 99-578 (31 U.S.C. 3718 note) is repealed. (2) Additional reporting requirements.--Section 3718(c) of title 31, United States Code, is amended-- (A) in paragraph (2), by striking ``and'' at the end thereof; and (B) in paragraph (3)-- (i) in subparagraph (C), by striking the period and adding at the end ``; and''; and (ii) by adding after subparagraph (C) the following new subparagraph: ``(D) the total cost of the pilot program established by Public Law 99-578 (100 Stat. 3305) as well as the total amount of debt recovered under that pilot program.''. (3) Use of recovered funds to reduce budget deficit.-- Section 3718 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(g) Except as provided by subsection (d), any amount recovered through a contract entered into under subsection (b) shall be used to reduce the budget deficit of the United States.''. Notwithstanding the preceding sentence, a percentage (which is hereafter specified by law) of the amount recovered through such a contract shall be paid to the agency on whose behalf such amount was recovered for use by such agency in collecting indebtedness owed to such agency. SEC. 3. IMPROVED LOAN ORIGINATION PROCEDURES. (a) Improved Prescreening Procedures.-- (1) Chapter 97 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 9704. Improved prescreening procedures ``The head of a Federal agency may not make a loan to a loan applicant until the applicant has been prescreened to determine if the applicant is creditworthy. The determination of creditworthiness shall include an evaluation of the ability and willingness of the applicant to repay the debt, the agency's level of acceptable risk, other agency or Federal Government obligations that could jeopardize or be jeopardized by the loan under consideration, and the existence of other debts owed by the loan applicant to the Federal Government, including a tax delinquent account with the Internal Revenue Service.''. (2) Section 6103(m)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``the Secretary may'' and inserting ``the Secretary shall''. (b) Denial of Credit to Applicants With Delinquent Debts.--Chapter 97 of title 31, United States Code, as amended by subsection (a), is further amended by adding at the end the following new section: ``Sec. 9705. Denial of credit to applicants with delinquent debts ``The head of a Federal agency may not make a loan to a loan applicant who owes a delinquent debt to the Federal Government, including the Internal Revenue Service.''. SEC. 4. USE OF ADMINISTRATIVE CHARGES TO IMPROVE CREDIT MANAGEMENT TECHNIQUES. Section 3717 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i) The Secretary shall deposit in a special fund any amounts received by a Federal agency to cover the cost of processing and handling delinquent claims under subsection (e). The Secretary shall, without further appropriation and upon request by the agency, disburse money from such fund to the agency solely for the use of improving credit management techniques, except that the access of each agency to funds in the special account shall be limited to the amount that the agency received to cover the cost of processing and handling delinquent claims under subsection (e).''. SEC. 5. TECHNICAL AMENDMENTS. (a) Chapter 37 Amendments.--The table of sections at the beginning of chapter 37 of title 31, United States Code, is amended by inserting after the item relating to section 3720A the following new item: ``3720B. Report to the Internal Revenue Service of debts paid in full.''. (b) Chapter 97 Amendments.--The table of sections at the beginning of chapter 97 of title 31, United States Code, is amended by adding at the end the following new items: ``9704. Improved prescreening procedures. ``9705. Denial of credit to applicants with delinquent debts.''.", "summary": "Debt Collection Act Amendments of 1993 - Amends Federal law to require the head of an executive or legislative agency (who, currently, is merely authorized) to: (1) contract with a collection service to recover indebtedness owed to the United States; (2) collect such indebtedness from Federal employees in installment deductions; (3) disclose certain information to a consumer reporting agency when trying to collect a claim; and (4) collect such a claim by administrative offset. Requires the head of a Federal agency to report promptly to the Internal Revenue Service (IRS) any debt that has been paid in full. Amends the Internal Revenue Code to allow the IRS to disclose address information in accordance with any law granting a Federal claim against a taxpayer. Directs the Comptroller General to report to the Congress after annual audits of each Federal agency on: (1) the amount of debt owed to the agency; (2) the amount that is delinquent; and (3) action taken by the agency to recover such debt. Repeals the termination date of the pilot debt collection project of the Department of Justice. Requires the Attorney General to include in the annual report to the Congress on activities to recover indebtedness the total cost of the pilot project and the total amount of debt recovered under it. Requires that recovered funds be used to reduce the Federal deficit. Requires a percentage of recovered funds to be used by the agency in collecting indebtedness. Prohibits the head of a Federal agency from making a loan until the loan applicant has been prescreened to determine creditworthiness. Requires the IRS to disclose address information to a Federal agency for use in collecting a claim. Prohibits the head of a Federal agency from making a loan to a loan applicant who owes a delinquent debt to the Federal Government, including the IRS. Allows the use of administrative charges by the Secretary of the Treasury for improving credit management techniques."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Trust Funds Management Act of 1999''. SEC. 2. INVESTMENT OF THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND. (a) In General.--Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is amended to read as follows: ``(d)(1) Subject to paragraphs (2) and (3), it shall be the duty of the Managing Trustee to invest such portion of the Trust Funds as is not, in the judgment of the Trustee, required to meet current withdrawals. The Managing Trustee may purchase interest-bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States, on original issue or at the market price. ``(2)(A) If the Managing Trustee, after consultation with the Commissioner of Social Security, determines that the purchase of obligations issued in accordance with paragraph (4) is in the best interest of paying current and future benefits under this title, and will not jeopardize the payment of such benefits, the Managing Trustee may purchase such obligations. ``(B) If the Commissioner of Social Security does not concur with the investment decisions of the Managing Trustee, or believes that other investment strategies are appropriate, the Commissioner shall promptly so inform the President and Congress in writing. ``(3) In investing contributions made to the Trust Funds, the Managing Trustee may not invest such contributions in private financial markets. Neither the Managing Trustee nor any other officer or employee of the Federal Government shall direct private pension plans as to what type of investments to make or in which financial markets to invest. ``(4) The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are hereby extended to authorize the issuance at par of public-debt obligations for purchase by the Trust Funds. Such obligations issued for purchase by the Trust Funds shall have maturities fixed with due regard for the needs of the Trust Funds and shall bear interest at a rate equal to the average market yield (computed by the Managing Trustee on the basis of market quotations as of the end of the calendar month next preceding the date of such issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1 percent, the rate of interest of such obligations shall be the multiple of one-eighth of 1 percent nearest such market yield. Each obligation issued for purchase by the Trust Funds under this subsection shall be evidenced by a paper instrument in the form of a bond, note, or certificate of indebtedness issued by the Secretary of the Treasury setting forth the principal amount, date of maturity, and interest rate of the obligation, and stating on its face that the obligation shall be incontestable in the hands of the Trust Fund to which it is issued, that the obligation is supported by the full faith and credit of the United States, and that the United States is pledged to the payment of the obligation with respect to both principal and interest.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 3. INFORMATION REQUIREMENTS FOR SOCIAL SECURITY ACCOUNT STATEMENTS. (a) In General.--Section 1143(a) of the Social Security Act (42 U.S.C. 1320b-13(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (B), by inserting ``, including a separate estimate of the amount of interest earned on the contributions,'' after ``disability insurance''; (B) in subparagraph (C)-- (i) by inserting ``, including a separate estimate of the amount of interest earned on the contributions,'' after ``hospital insurance''; and (ii) by striking ``and'' after the semicolon; (C) in subparagraph (D), by striking the period at the end and inserting a semicolon; (D) by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E), respectively; (E) by inserting after the matter preceding subparagraph (B), as redesignated by subparagraph (D), the following: ``(A) the name, age, gender, mailing address, and marital status of the eligible individual;''; (F) by adding at the end the following: ``(F) the total amount of the employer and employee contributions for the eligible individual for old-age and survivors insurance benefits, as of the end of the month preceding the date of the statement, in both actual dollars and dollars adjusted for inflation; ``(G) the projected value of-- ``(i) the aggregate amount of the employer and employee contributions for old-age and survivors insurance benefits that are expected to be made by or on behalf of the individual prior to the individual attaining retirement age, in both actual dollars and dollars adjusted for inflation; ``(ii) the annual amount of old-age and survivors insurance benefits that are expected to be payable on the eligible individual's account for a single individual and for a married couple, in dollars adjusted for inflation; ``(iii) the total amount of old-age and survivors insurance benefits payable on the eligible individual's account for the individual's life expectancy, in dollars adjusted for inflation, identifying-- ``(I) the life expectancy assumed; ``(II) the amount of benefits received on the basis of each $1 of contributions made by or on behalf of the individual; and ``(III) the projected annual rate of return for the individual, taking into account the date on which the contributions are made in the eligible individual's account and the date on which the benefits are paid; ``(iv) the total amount of old-age and survivors insurance benefits that would have accumulated on the eligible individual's account on the date on which the individual attains retirement age if the contributions for such individual had been invested in Treasury 10- year saving bonds at the prevailing interest rate for such bonds as of the end of the month preceding the date of the statement, and, alternatively, in the Standard and Poor's 500, or an equivalent portfolio of common stock equities that are based on a broad index of United States market performance, in dollars adjusted for inflation, identifying-- ``(I) the date of retirement assumed; ``(II) the interest rate used for the projection; and ``(III) the amount that would be received on the basis of each $1 of contributions made by or on behalf of the individual; ``(H) the average annual rate of return, adjusted for inflation, on the Treasury 10-year saving bond as of the date of the statement; ``(I) the average annual rate of return, adjusted for inflation, on the Standard and Poor's 500, or an equivalent portfolio of common stock equities that are based on a broad index of United States market performance, for the preceding 25 years; ``(J) a brief statement that identifies-- ``(i) the balance of the trust fund accounts as of the end of the month preceding the date of the statement; ``(ii) the annual estimated balance of the trust fund accounts for each of the succeeding 30 years; and ``(iii) the assumptions used to provide the information described in clauses (i) and (ii), including the rates of return and the nature of the investments of such trust fund accounts; and ``(K) a simple 1-page summary and comparison of the information that is provided to an eligible individual under subparagraphs (G), (H), and (I).''; and (2) by striking paragraph (3) and inserting the following: ``(3) The estimated amounts required to be provided in a statement under this section shall be determined by the Commissioner using a general methodology for making such estimates, as formulated and published at the beginning of each calendar year by the Board of Trustees of the trust fund accounts. A description of the general methodology used shall be provided to the eligible individual as part of the statement required under this section. ``(4) The Commissioner of Social Security shall notify an individual who receives a social security account statement under this section that the individual may request that the information described in paragraph (2) be determined on the basis of relevant information provided by the individual, including information regarding the individual's future income, marital status, date of retirement, or race. ``(5) For purposes of this section-- ``(A) the term `dollars adjusted for inflation' means-- ``(i) dollars in constant or real value terms on the date on which the statement is issued; and ``(ii) an amount that is adjusted on the basis of the Consumer Price Index. ``(B) the term `eligible individual' means an individual who-- ``(i) has a social security account number; ``(ii) has attained age 25 or over; and ``(iii) has wages or net earnings from self- employment; and ``(C) the term `trust fund account' means-- ``(i) the Federal Old-Age and Survivors Insurance Trust Fund; and ``(ii) the Federal Disability Insurance Trust Fund.''. (b) Mandatory Provision of Statements Through Means Such As the Internet.--Section 1143(c)(2) of the Social Security Act (42 U.S.C. 1320b-13(c)(2)) is amended-- (1) in the first sentence, by inserting ``(which shall include the Internet as soon as the Commissioner of Social Security determines that adequate measures are in place to protect the confidentiality of the information contained in the statement)'' before the period; and (2) by striking the second and third sentences. (c) Technical Amendment.--Section 1143 of the Social Security Act (42 U.S.C. 1320b-13) is amended by striking ``Secretary'' each place it appears and inserting ``Commissioner of Social Security''. (d) Effective Date.--The amendments made by this Act shall apply to statements provided for fiscal years beginning with fiscal year 2000.", "summary": "Amends SSA title XI to modify the required contents of social security account statements, including changes requiring such statements to contain information on the name, age, gender, mailing address, and marital status of the eligible individual, as well as additional specified new contents. Revises provisions on the mandatory provision of such statements, with changes to incorporate the Internet as a means of provision as soon as the Commissioner of Social Security determines that adequate confidentiality safeguards are in place. Replaces each reference to the Secretary with the Commissioner of Social Security each place such reference occurs in SSA title XI provisions on social security account statements."}
{"article": "SECTION 1. GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS. (a) Short Title.--This Act may be cited as the ``Gifted and Talented Students Education Act of 2003''. (b) Amendment.--Subpart 6 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended by adding at the end the following: ``Chapter B--Grant Program For Gifted and Talented Students ``SEC. 5467. FINDINGS; ESTABLISHMENT OF PROGRAM; AUTHORIZED ACTIVITIES. ``(a) Findings.--Congress makes the following findings: ``(1) Gifted and talented students give evidence of high performance capability in specific academic fields, or in areas such as intellectual, creative, artistic, or leadership capacity, and require services or activities not ordinarily provided by a school in order to fully develop such capabilities. Gifted and talented students are from all cultural, racial, and ethnic backgrounds, and socioeconomic groups. Some such students have disabilities and for some, English is not their first language. Many students from such diverse backgrounds have been historically underrepresented in gifted education programs. ``(2) Elementary school students who are gifted and talented have already mastered 35 to 50 percent of the material covered in a school year in several subject areas before the school year begins. ``(3) Elementary school and secondary school teachers have students in their classrooms with a wide variety of traits, characteristics, and needs. Most teachers receive some training to meet the needs of these students, such as students with limited English proficiency, students with disabilities, and students from diverse cultural and racial backgrounds. However, most teachers do not receive training on meeting the needs of students who are gifted and talented. ``(4) While the families or communities of some gifted students can provide private programs with appropriately trained staff to supplement public educational offerings, most high-ability students, especially those from inner cities, rural communities, or low-income families, must rely on the services and personnel provided by public schools. Therefore, gifted education programs, provided by qualified professionals in the public schools, are needed to provide equal educational opportunities. ``(5) Parents and families are essential partners to schools in developing appropriate educational services for gifted and talented students. They need access to information, research, and support regarding the characteristics of gifted children and their educational, and social and emotional needs, as well as information on available strategies and resources for education in State and local communities. ``(6) There currently is no Federal requirement to identify or serve the Nation's approximately 3,000,000 gifted and talented students. ``(7) While some States and local educational agencies allocate resources to educate gifted and talented students, others do not. Additionally, State laws, and State and local funding, identification, and accountability mechanisms vary widely, resulting in a vast disparity of services for this special-needs population. ``(8) To meet the future economic and national security needs of the United States, it is important that more students achieve to higher levels, and that highly capable students receive an education that prepares them to perform the most highly innovative and creative work that is necessary to secure our Nation's position in the world. ``(9) The performance of twelfth-grade advanced students in the United States on the Third International Mathematics and Science Study (TIMSS) was among the lowest in the world. In each of 5 physics content areas in the study and in each of 3 mathematics content areas in the study, the performance of physics and advanced mathematics students in the United States was among the lowest of the participating countries. ``(10) In 1990, fewer than 2 cents out of every $100 spent on elementary and secondary education in the United States was devoted to providing challenging programming for the Nation's gifted and talented students. ``(b) Program Authorized.-- ``(1) Competitive grants to states.--If the amount appropriated under section 5468 for a fiscal year is greater than $7,500,000 but less than $57,500,000, then the Secretary may use such amount to award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to award grants to local educational agencies under section 5467C for developing or expanding gifted and talented education programs, and providing direct educational services and materials. ``(2) Formula grants to states.--If the amount appropriated under section 5468 for a fiscal year equals or exceeds $57,500,000, then the Secretary may use such amount to award grants to State educational agencies, from allotments under section 5467B, to enable the State educational agencies to award grants to local educational agencies under section 5467C for developing or expanding gifted and talented education programs, and providing direct educational services and materials. ``(c) Authorized Activities.--Grant funds provided under this chapter shall be used to carry out 1 or more of the following activities: ``(1) Any activity described in paragraph (2), (4), (6), or (7) of section 5464(b). ``(2) Providing direct educational services and materials to gifted and talented students, which may include curriculum compacting, modified or adapted curriculum, acceleration, independent study, and dual enrollment. ``(d) Limitations on Use of Funds.-- ``(1) Course work provided through emerging technologies.-- Grant funds provided under this chapter that are used for activities described in section 5464(b)(7) may include development of curriculum packages, compensation of distance- learning educators, or other relevant activities, but grant funds provided under this chapter may not be used for the purchase or upgrading of technological hardware. ``(2) State use of funds.-- ``(A) In general.--A State educational agency receiving a grant under this chapter may not use more than 10 percent of the grant funds for-- ``(i) dissemination of general program information; ``(ii) providing technical assistance under this chapter; ``(iii) monitoring and evaluation of programs and activities assisted under this chapter; ``(iv) providing support for parental education; or ``(v) creating a State gifted education advisory board. ``(B) Administrative costs.--A State educational agency may use not more than 50 percent of the funds made available to the State educational agency under subparagraph (A) for administrative costs. ``SEC. 5467A. ALLOTMENTS TO STATES. ``(a) Reservation of Funds.--From the amount made available to carry out this chapter for any fiscal year, the Secretary shall reserve \\1/2\\ of 1 percent for the Secretary of the Interior for programs under this chapter for teachers, other staff, and administrators in schools operated or funded by the Bureau of Indian Affairs. ``(b) State Allotments.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall allot the total amount made available to carry out this chapter for any fiscal year and not reserved under subsection (a) to the States on the basis of their relative populations of individuals aged 5 through 17, as determined by the Secretary on the basis of the most recent satisfactory data. ``(2) Minimum grant amount.--No State receiving an allotment under paragraph (1) may receive less than \\1/2\\ of 1 percent of the total amount allotted under such paragraph. ``(c) Reallotment.--If any State does not apply for an allotment under this section for any fiscal year, then the Secretary shall reallot such amount to the remaining States in accordance with this section. ``SEC. 5467B. STATE APPLICATION. ``(a) In General.--To be eligible to receive a grant under this chapter, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(b) Contents.--Each application under this section shall include assurances that-- ``(1) the funds received under this chapter will be used to identify and support gifted and talented students, including gifted and talented students from all economic, ethnic, and racial backgrounds, such students of limited English proficiency, and such students with disabilities; ``(2) the funds not retained by the State educational agency shall be used for the purpose of making, in accordance with this chapter and on a competitive basis, grants to local educational agencies; ``(3) the funds received under this chapter shall be used only to supplement, but not supplant, the amount of State and local funds expended for the education of, and related services for, gifted and talented students; ``(4) the State educational agency will provide matching funds for the activities to be assisted under this chapter in an amount equal to not less than 10 percent of the grant funds to be received, which matching funds may be provided in cash or in kind; and ``(5) the State educational agency shall develop and implement program assessment models to ensure program accountability and to evaluate educational effectiveness. ``(c) Approval.--To the extent funds are made available to carry out this chapter, the Secretary shall approve an application of a State if such application meets the requirements of this section. ``SEC. 5467C. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES. ``(a) Grant Competition.--A State educational agency shall use not less than 90 percent of the funds made available to the State educational agency under this chapter to award grants to local educational agencies (including consortia of local educational agencies) to enable the local educational agencies to carry out the authorized activities described in section 5467(c). ``(b) Competitive Process.--Funds provided under this chapter to local educational agencies shall be distributed to local educational agencies through a competitive process that results in an equitable distribution by geographic area within the State. ``(c) Size of Grant.--A State educational agency shall award a grant under subsection (a) for any fiscal year in an amount sufficient to meet the needs of the students to be served under the grant. ``SEC. 5467D. LOCAL APPLICATIONS. ``(a) Application.--To be eligible to receive a grant under this chapter, a local educational agency (including a consortium of local educational agencies) shall submit an application to the State educational agency. ``(b) Contents.--Each application under this section shall include-- ``(1) an assurance that the funds received under this chapter will be used to identify and support gifted and talented students, including gifted and talented students from all economic, ethnic, and racial backgrounds, such students of limited English proficiency, and such students with disabilities; ``(2) a description of how the local educational agency will meet the educational needs of gifted and talented students, including the training of personnel in the education of gifted and talented students; and ``(3) an assurance that funds received under this chapter will be used to supplement, not supplant, the amount of funds the local educational agency expends for the education of, and related services for, gifted and talented students. ``SEC. 5467E. ANNUAL REPORTING. ``Beginning 1 year after the date of enactment of the Gifted and Talented Students Education Act of 2003 and for each year thereafter, the State educational agency shall submit an annual report to the Secretary that describes the number of students served and the activities supported with funds provided under this chapter. The report shall include a description of the measures taken to comply with paragraphs (1) and (4) of section 5467B(b). ``SEC. 5467F. CONSTRUCTION. ``Nothing in this chapter shall be construed to prohibit a recipient of funds under this chapter from serving gifted and talented students simultaneously with students with similar educational needs, in the same educational settings where appropriate. ``SEC. 5467G. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS. ``In making grants under this chapter, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such children. ``SEC. 5467H. DEFINITIONS. ``For purposes of this chapter: ``(1) Gifted and talented.-- ``(A) In general.--Except as provided in subparagraph (B), the term `gifted and talented' when used with respect to a person or program-- ``(i) has the meaning given the term under applicable State law; or ``(ii) in the case of a State that does not have a State law defining the term, has the meaning given such term by definition of the State educational agency or local educational agency involved. ``(B) Special rule.--In the case of a State that does not have a State law that defines the term, and the State educational agency or local educational agency has not defined the term, the term has the meaning given the term in section 9101. ``(2) State.--The term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ``Chapter C--Authorization of Appropriations ``SEC. 5468. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $170,000,000 for each of fiscal years 2004 through 2010, of which-- ``(1) $7,500,000 shall be available for each fiscal year to carry out chapter A; and ``(2) the remainder shall be available for each fiscal year to carry out chapter 2.''. SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS. Subpart 6 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended-- (1) by inserting after the subpart designation the following: ``Chapter A--Jacob K. Javits Gifted and Talented Students Education Program''; (2) in section 5461 (20 U.S.C. 7253), by striking ``This part'' and inserting ``This chapter''; (3) by striking ``this part'' each place the term appears and inserting ``this chapter''; and (4) in section 5464 (20 U.S.C. 7253c)-- (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.", "summary": "Gifted and Talented Students Education Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program for gifted and talented students.Authorizes the Secretary of Education to award such grants to State educational agencies to make subgrants to local educational agencies to develop or expand gifted and talented education programs, and provide direct educational services and materials. Requires such grants to be made on a competitive basis if appropriations are within certain minimum and maximum amounts, and on a formula basis if appropriations exceed such specified maximum. Sets forth authorized State and local uses of grant funds and authorized activities. Prohibits use of such funds for purchase or upgrading of technological hardware. Directs the Secretary to ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such children."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Provide for the Common Defense Act of 2013''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ELIMINATION OF SEQUESTRATION FOR REVISED SECURITY CATEGORY Sec. 101. Elimination of 251A reductions for revised security category in fiscal years 2014 and 2015. TITLE II--OFFSETTING PAYMENT CHANGES Subtitle A--Medicare Sec. 201. Adjustments to calculation of Medicare part B and part D premiums for high-income beneficiaries. Sec. 202. Increase in part B deductible for new enrollees. Subtitle B--Agriculture Sec. 211. Cap on overall rate of return for crop insurance providers. Sec. 212. Cap on reimbursements for administrative and operating expenses of crop insurance providers. Sec. 213. Reduction in share of crop insurance premium paid by Federal Crop Insurance Corporation. Subtitle C--Federal Retirement Sec. 221. Retirement contributions. Sec. 222. Annuity supplement. Sec. 223. Use of Chained Consumer Price Index. Subtitle D--Chained CPI Sec. 231. Change in index used to calculate Social Security cost-of- living adjustments. TITLE I--ELIMINATION OF SEQUESTRATION FOR REVISED SECURITY CATEGORY SEC. 101. ELIMINATION OF 251A REDUCTIONS FOR REVISED SECURITY CATEGORY IN FISCAL YEARS 2014 AND 2015. (a) Elimination of the Adjustment Under Section 251A for Fiscal Years 2014 and 2015.--Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended-- (1) in paragraphs (7)(B) and (8), by striking ``On the date'' in each instance and inserting ``Subject to paragraph (12), on the date''; and (2) by adding at the end the following new paragraph: ``(12) No reductions for revised security category in fiscal years 2014 and 2015.--Paragraphs (7)(B) and (8) shall have no force or effect for fiscal years 2014 and 2015 with respect to the revised security category.''. (b) Discretionary Spending Limits for the Revised Security Category in Fiscal Years 2014 and 2015.--For purposes of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as modified by section 251A(2) of such Act), for fiscal years 2014 and 2015, the discretionary spending limit for the revised security category in each such fiscal year shall be $552,000,000,000 and $566,000,000,000, respectively. TITLE II--OFFSETTING PAYMENT CHANGES Subtitle A--Medicare SEC. 201. ADJUSTMENTS TO CALCULATION OF MEDICARE PART B AND PART D PREMIUMS FOR HIGH-INCOME BENEFICIARIES. (a) Increase in Applicable Percentage Used To Calculate Premiums.-- Section 1839(i)(3)(C)(i) of the Social Security Act (42 U.S.C. 1395r(i)(3)(C)(i)) is amended-- (1) by inserting after ``In general.--'' the following: ``(I) Years before 2017.--For calendar years prior to 2017:''; and (2) by adding at the end the following new subclause: ``(II) 2017 and subsequent years.--For calendar year 2017 and each subsequent calendar year: ``If the modified adjusted The applicable gross income is: percentage is: More than $85,000 but not more than $107,000........... 40 More than $107,000 but not more than $160,000.......... 55 More than $160,000 but not more than $214,000.......... 70 More than $214,000..................................... 90.''. (b) Temporary Adjustment to Income Thresholds Used To Calculate Premiums.-- (1) In general.--Section 1839(i)(6) of the Social Security Act (42 U.S.C. 1395r(i)(6)) is amended in the matter preceding subparagraph (A) by striking ``December 31, 2019'' and inserting ``December 31 of the year after 2019 that is the first year after the year in which at least 25 percent of individuals enrolled under this part are subject to a reduction under this subsection to the monthly amount of the premium subsidy applicable to the premium under this section.''. (2) Application of inflation adjustment.--Section 1839(i)(5) of the Social Security Act (42 U.S.C. 1395r(i)(5)) is amended-- (A) in subparagraph (A), by striking ``In the case'' and inserting ``Subject to subparagraph (C), in the case''; and (B) by adding at the end the following new subparagraph: ``(C) Treatment of years after temporary adjustment period.--In applying subparagraph (A) for the first year beginning after the period described in paragraph (6) and for each subsequent year, the 12-month period ending with August 2006 described in clause (ii) of such subparagraph shall be deemed to be the 12-month period ending with August of the last year of such period described in paragraph (6).''. SEC. 202. INCREASE IN PART B DEDUCTIBLE FOR NEW ENROLLEES. Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended-- (1) in the first sentence of subsection (b), by inserting ``(subject to subsection (z))'' after ``for a subsequent year''; and (2) by adding at the end the following: ``(z) Higher Deductible for New Enrollees.--In the case of an individual who is not enrolled under this part before January 1, 2017, the amount of the deductible under subsection (b)-- ``(1) for 2017 shall be the amount otherwise determined under such subsection for 2017 increased by $25; ``(2) for 2018 shall be the amount otherwise determined under such subsection for 2018, taking into account the application of the previous paragraph; ``(3) for 2019 shall be the amount otherwise determined under such subsection for 2019, taking into the application of the previous paragraphs, , increased by $25; ``(4) for 2020 shall be the amount otherwise determined under such subsection for 2020, taking into account the application of the previous paragraphs, increased by $25; ``(5) for 2021 shall be the amount otherwise determined under such subsection for 2021, taking into account the application of the previous paragraphs, increased by $25; and ``(6) for any subsequent year shall be the amount otherwise determined under such subsection for such year, taking into account the application of the previous paragraphs and this paragraph for previous years.''. Subtitle B--Agriculture SEC. 211. CAP ON OVERALL RATE OF RETURN FOR CROP INSURANCE PROVIDERS. Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)) is amended-- (1) by designating paragraph (3) as subparagraph (A) (and adjusting the margin two ems to the right); (2) by inserting before subparagraph (A) (as so designated) the following: ``(3) Risk.--''; and (3) by adding at the end the following new subparagraph: ``(B) Cap on overall rate of return.--The target rate of return for all the companies combined for the 2014 and subsequent reinsurance years shall be 12.8 percent of retained premium.''. SEC. 212. CAP ON REIMBURSEMENTS FOR ADMINISTRATIVE AND OPERATING EXPENSES OF CROP INSURANCE PROVIDERS. Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)) is amended by adding at the end the following new subparagraph: ``(G) Additional cap on reimbursements.-- Notwithstanding subparagraphs (A) through (F), total reimbursements for administrative and operating costs for the 2014 insurance year for all types of policies and plans of insurance shall not exceed $935,000,000. For each subsequent insurance year, the dollar amount in effect pursuant to the preceding sentence shall be increased by the same inflation factor as established for the administrative and operating costs cap in the 2011 Standard Reinsurance Agreement.''. SEC. 213. REDUCTION IN SHARE OF CROP INSURANCE PREMIUM PAID BY FEDERAL CROP INSURANCE CORPORATION. (a) Catastrophic Risk Protection.--Section 508(d)(2)(A) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)(2)(A)) is amended by striking ``sufficient to cover anticipated losses and a reasonable reserve'' and inserting ``for all crops for which catastrophic risk protection coverage is available shall be reduced by the percentage equal to the difference between the average loss ratio for such crop and 100 percent, plus a reasonable reserve''. (b) Additional Coverage.--Section 508(e)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is amended-- (1) in subparagraph (B)(i), by striking ``67'' and inserting ``64''; (2) in subparagraph (C)(i), by striking ``64'' and inserting ``61''; (3) in subparagraph (D)(i), by striking ``59'' and inserting ``56''; and (4) in subparagraph (E)(i), by striking ``55'' and inserting ``52''. (c) Enterprise and Whole Farm Units.--Section 508(e)(5)(C) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(5)(C)) is amended by striking ``80'' and inserting ``77''. (d) Area Revenue Plans.--Section 508(e)(6) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(6)) is amended-- (1) in subparagraph (A)(i), by striking ``59'' and inserting ``56''; and (2) in subparagraph (B)(i), by striking ``55'' and inserting ``52''. (e) Area Yield Plans.--Section 508(e)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508) is amended-- (1) in subparagraph (A)(i), by striking ``59'' and inserting ``56''; (2) in subparagraph (B)(i), by striking ``55'' and inserting ``52''; and (3) in subparagraph (C)(i), by striking ``51'' and inserting ``48''. (f) Effective Date.--The amendments made by this section shall apply with respect to the first contract change date for a contract under the Federal Crop Insurance Act occurring after the date of the enactment of this Act. Subtitle C--Federal Retirement SEC. 221. RETIREMENT CONTRIBUTIONS. (a) Civil Service Retirement System.-- (1) Individual contributions.--Section 8334(c) of title 5, United States Code, is amended-- (A) by striking ``(c) Each'' and inserting ``(c)(1) Each''; and (B) by adding at the end the following: ``(2) Notwithstanding any other provision of this subsection, the applicable percentage of basic pay under this subsection for civilian service by an employee or Member shall, for purposes of computing an amount-- ``(A) for a period in calendar year 2014, be equal to the applicable percentage under this subsection for calendar year 2013 plus an additional 0.4 percentage point; ``(B) for a period in calendar year 2015, be equal to the applicable percentage under this subsection for calendar year 2014 (as determined under subparagraph (A)) plus an additional 0.4 percentage point; ``(C) for a period in calendar year 2016, be equal to the applicable percentage under this subsection for calendar year 2015 (as determined under subparagraph (B)) plus an additional 0.4 percentage point; and ``(D) for a period in any calendar year after 2016, be equal to the applicable percentage under this subsection for calendar year 2015 (as determined under subparagraph (C)). ``(3)(A) Notwithstanding subsection (a)(2), any excess contributions under subsection (a)(1)(A) (including the portion of any deposit under this subsection allocable to excess contributions) shall, if made by an employee of the United States Postal Service or the Postal Regulatory Commission, be deposited to the credit of the Postal Service Fund under section 2003 of title 39, rather than the Civil Service Retirement and Disability Fund. ``(B) For purposes of this paragraph, the term `excess contributions', as used with respect to contributions made under subsection (a)(1)(A) by an employee of the United States Postal Service or the Postal Regulatory Commission, means the amount by which-- ``(i) deductions from basic pay of such employee which are made under subsection (a)(1)(A), exceed ``(ii) deductions from basic pay of such employee which would have been so made if paragraph (2) had not been enacted.''. (2) Government contributions.--Section 8334(a)(1)(B) of title 5, United States Code, is amended-- (A) in clause (i), by striking ``Except as provided in clause (ii),'' and inserting ``Except as provided in clause (ii) or (iii),''; and (B) by adding at the end the following: ``(iii) The amount to be contributed under clause (i) shall, with respect to a period in any year beginning after December 31, 2013, be equal to-- ``(I) the amount which would otherwise apply under clause (i) with respect to such period, reduced by ``(II) the amount by which, with respect to such period, the withholding under subparagraph (A) exceeds the amount which would otherwise have been withheld from the basic pay of the employee or elected official involved under subparagraph (A) based on the percentage applicable under subsection (c) for calendar year 2013.''. (b) Individual Contributions Under the Federal Employees' Retirement System.--Section 8422(a)(3) of title 5, United States Code, is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following: ``(B) Notwithstanding any other provision of this paragraph, the applicable percentage under this paragraph for civilian service by employees or Members other than revised annuity employees shall-- ``(i) for a period in calendar year 2014, be equal to the applicable percentage under this paragraph for calendar year 2013 plus an additional 0.4 percentage point; ``(ii) for a period in calendar year 2015, be equal to the applicable percentage under this paragraph for calendar year 2014 (as determined under clause (i)) plus an additional 0.4 percentage point; ``(iii) for a period in calendar year 2016, be equal to the applicable percentage under this paragraph for calendar year 2015 (as determined under clause (ii)) plus an additional 0.4 percentage point; and ``(iv) for a period in any calendar year after 2016, be equal to the applicable percentage under this paragraph for calendar year 2016 (as determined under clause (iii)).''. SEC. 222. ANNUITY SUPPLEMENT. Section 8421(a) of title 5, United States Code, is amended-- (1) in paragraph (1), by striking ``paragraph (3)'' and inserting ``paragraphs (3) and (4)''; (2) in paragraph (2), by striking ``paragraph (3)'' and inserting ``paragraphs (3) and (4)''; and (3) by adding at the end the following: ``(4) No annuity supplement under this section shall be payable in the case of an individual who first becomes subject to this chapter after December 31, 2013.''. SEC. 223. USE OF CHAINED CONSUMER PRICE INDEX. (a) In General.--Paragraph (15) of section 8331 of title 5, United States Code, is amended to read as follows: ``(15) the term `price index' means the Chained Consumer Price Index (all items-all urban consumers) published monthly by the Bureau of Labor Statistics;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 2015, and shall apply with respect to any cost-of-living adjustment taking effect under section 8340 or 8462 of title 5, United States Code, on or after that date. Subtitle D--Chained CPI SEC. 231. CHANGE IN INDEX USED TO CALCULATE SOCIAL SECURITY COST-OF- LIVING ADJUSTMENTS. (a) In General.--Section 215(i)(1) of the Social Security Act (42 U.S.C. 415(i)(1)) is amended-- (1) in subparagraph (G), by striking the period at the end and inserting ``; and''; and (2) by adding at the end the following new subparagraph: ``(H) the term `Consumer Price Index' means the Chained Consumer Price Index for All Urban Consumers (C-CPI-U, as published in its initial version by the Bureau of Labor Statistics of the Department of Labor).''. (b) Application to Pre-1979 Law.-- (1) In general.--Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended-- (A) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (B) by adding at the end the following new subparagraph: ``(D) the term `Consumer Price Index' means the Chained Consumer Price Index for All Urban Consumers (C-CPI-U, as published in its initial version by the Bureau of Labor Statistics of the Department of Labor).''. (2) Conforming change.--Section 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended by inserting ``and by section 231 of the Provide for the Common Defense Act of 2013'' after ``1986''. (c) Effective Date.--The amendments made by this section shall apply with respect to adjustments effective with or after December 2014.", "summary": "Provide for the Common Defense Act of 2013 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to nullify the presidential sequestration order issued for the revised security category (discretionary appropriations in budget function 050) for FY2014-FY2015 to enforce a specified budget goal. Establishes the discretionary spending limit for the revised security category for each such fiscal year. Amends part B (Supplemental Medical Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) with respect to adjustments to the calculation of Medicare parts B and D (Voluntary Prescription Drug Benefit Program) premiums for high income beneficiaries for 2017 and subsequent years. Reduces the monthly amount of the Medicare parts B and D premium subsidies (with a corresponding increase in the monthly premium amount) for individuals whose modified adjusted gross income exceeds the threshold amount by specified applicable percentages for modified adjusted gross incomes in certain ranges starting at $85,000 (40%) and finally exceeding $214,000 (90%). Revises the temporary adjustment to income thresholds used to calculate premiums between January 1, 2011, and December 31, 2019, to extend it through December 31 of the first year after 2019 after the year in which at least 25% of individuals enrolled in the Medicare parts B and D are subject to a reduction to the monthly amount of the applicable premium subsidy. Increases by $25 per year the part B deductible for new enrollees after January 1, 2017, and subsequent years. Amends the Federal Crop Insurance Act to establish caps beginning with FY2014 for: (1) combined crop insurance provider rates of return, and (2) reimbursements for crop insurance provider administrative and operating expenses. Reduces according to a specified formula the crop insurance premium for catastrophic risk protection coverage. Reduces the portion of premium paid by the Federal Crop Insurance Corporation (premium subsidies) for the following coverages: (1) additional insurance, (2) enterprise and whole farm units, (3) area revenue plans, and (4) area yield plans. Requires an additional .4% increase per year, beginning in calendar 2014, in the percentage of basic pay that federal employees or Members of Congress must contribute to their pension plans under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). Reduces government contributions to CSRS and FERS by the amount of such increased employee contributions. Eliminates annuity supplements for federal employees hired after 2013. Revises the definition of “price index,” for purposes of cost-of-living adjustments to federal employee benefits, to mean the Chained Consumer Price Index for All Urban Consumers (Chained CPI) instead of the Consumer Price Index. Amends SSA title II (Old Age, Surivors, and Disability Insurance) (OASDI) to require the use of the Chained CPI for calculation of Social Security cost-of-living adjustments."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Price Index for Elderly Consumers Act of 2015''. SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. (a) Amendments to Title II.-- (1) In general.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (A) in paragraph (1)(G), by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''; and (B) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 3(a) of the Consumer Price Index for Elderly Consumers Act of 2015,''. (2) Conforming amendments in applicable former law.-- Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''. (3) Effective date.--The amendments made by paragraph (1) shall apply to determinations made with respect to cost-of- living computation quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. (b) Amendments to Title XVIII.-- (1) In general.--Title XVIII of such Act (42 U.S.C. 1395 et seq.) is amended-- (A) in section 1814(i)(2)(B) (42 U.S.C. 1395f(i)(2)(B)), by inserting ``(i) for accounting years ending before October 1 of the second calendar year following the calendar year in which the Consumer Price Index for Elderly Consumers Act of 2015 was enacted,'' after ``for a year is'', and by inserting after ``fifth month of the accounting year'' the following: ``, and (ii) for accounting years ending after October 1 of such calendar year, the cap amount determined under clause (i) for the last accounting year referred to in such clause, increased or decreased by the same percentage as the percentage increase or decrease, respectively, in the medical care expenditure category (or corresponding category) of the Consumer Price Index for Elderly Consumers, published by the Bureau of Labor Statistics, from March of such calendar year to the fifth month of the accounting year''; (B) in section 1821(c)(2)(C)(ii)(II) (42 U.S.C. 1395i-5(c)(2)(C)(ii)(II)), by striking ``consumer price index for all urban consumers (all items; United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (C) in section 1833(h)(2)(A)(i) (42 U.S.C. 1395l(h)(2)(A)(i)) by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (D) in section 1833(i)(2)(C)(i) (42 U.S.C. 1395l(i)(2)(C)(i)), by striking ``Consumer Price Index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (E) in section 1834(a)(14)(L) (42 U.S.C. 1395m(a)(14)(L)), by striking ``consumer price index for all urban consumers (U.S. urban average)'' and inserting ``applicable consumer price index''; (F) in section 1834(h)(4)(A)(xi)(I) (42 U.S.C. 1395m(h)(4)(A)(xi)(I)), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (G) in section 1834(l)(3)(B) (42 U.S.C. 1395m(l)(3)(B)), by striking ``consumer price index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (H) in section 1839(i)(5)(A)(ii) (42 U.S.C. 1395r(i)(5)(A)(ii)), by striking ``Consumer Price Index (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (I) in section 1842(s)(1)(B)(ii)(I) (42 U.S.C. 1395u(s)(1)(B)(ii)(I)), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (J) in each of subparagraphs (D)(ii) and (E)(i)(II) of section 1860D-14(a)(3) (42 U.S.C. 1395w-114(a)(3)) and in section 1860D-14(a)(4)(A)(ii) (42 U.S.C. 1395w- 114(a)(4)(A)(ii)), by striking ``consumer price index (all items; U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (K) in section 1882(p)(11)(C)(ii) (42 U.S.C. 1395ss(p)(11)(C)(ii)), by striking ``Consumer Price Index for all urban consumers (all items; U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (L) in each of clauses (iv) and (vi)(II) of section 1886(h)(2)(E) (42 U.S.C. 1395ww(h)(2)(E)), by striking ``for all urban consumers''; and (M) in section 1886(h)(5)(B) (42 U.S.C. 1395ww(h)(5)(B)), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to determinations made for periods ending after December 31 of the second calendar year following the calendar year in which this Act was enacted.", "summary": "Consumer Price Index for Elderly Consumers Act of 2015 This bill amends titles II (Old Age, Survivors, and Disability Insurance) and XVIII (Medicare) of the Social Security Act to compute cost-of-living increases for Social Security and Medicare benefits using a new index in place of the current Consumer Price Index (CPI) for All Urban Consumers. The Bureau of Labor Statistics must prepare and publish, for this purpose, a monthly CPI for Elderly Consumers that reflects changes over time to expenditures typical for individuals aged 62 and older."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Secret Service Accountability and Improvement Act of 2014''. SEC. 2. FINDINGS. (a) In General.--Congress finds the following: (1) Several recent failures have drawn negative attention to the protective mission of the United States Secret Service. Such key failures include lapses in responding appropriately to potential threats to the White House complex, United States Secret Service personnel exhibiting conduct that is unbecoming to the Service in several instances, and reports of United States Secret Service personnel misusing the authorities and resources of the Service. (2) For example, on September 19, 2014, an individual obtained unauthorized access to the White House. Such access was obtained after failures in five security layers by the United States Secret Service. In another example, on November 11, 2011, an individual fired multiple shots from a semiautomatic rifle at the White House complex. It was revealed that a total of seven bullets struck the exterior of the building. The Service failed to fully investigate the incident in a timely manner or to disclose it. (3) On March 23, 2014, a Special Agent assigned to the Counter Assault Team was found intoxicated to the point of unconsciousness in a hotel in Amsterdam in advance of a Presidential visit. In another example, on April 11, 2012, conduct unbecoming to United States Secret Service personnel was exhibited before a Presidential visit to Cartagena, Columbia. Nine personnel were involved in serious misconduct. (4) Surveillance personnel from the Washington field office were diverted in 2011 from supporting the protective mission at the request of senior leadership in order to provide protection to a United States Secret Service employee at her home following a neighborhood dispute. Such a diversion was outside the scope of the Service's duties and violated the Standards of Ethical Conduct for Employees of the Executive Branch. (b) Further Findings.--Congress further finds that the protection of the President, Vice President, First and Second Families, and former Presidents is a matter of national security. Any issues that distract from the protective mission of the United States Secret Service are a threat to the national security of the United States. SEC. 3. ESTABLISHMENT. There is established in the legislative branch an independent advisory panel to-- (1) examine the efficiency and effectiveness of the leadership structure, protocols, training, tools, and capabilities of the Department of Homeland Security's mission to protect national leaders, visiting heads of state and government, designated sites, and special events of national significance (in accordance with paragraph (1) of section 3056(e) of title 18 United States Code); and (2) make recommendations to improve the overall efficiency and effectiveness of the United States Secret Service. SEC. 4. MEMBERSHIP. (a) In General.--The independent advisory panel (in this Act referred to as the ``Panel'') established pursuant to section 3 shall be composed of eight members, as follows: (1) Two members shall be appointed by the Speaker of the House of Representatives, in coordination with the chairs of the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives. Only one of such members may be from the same political party as the Speaker of the House of Representatives. (2) Two members shall be appointed by the majority leader of the Senate, in coordination with the chairs of the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate. Only one of such members may be from the same political party as the majority leader of the Senate. (3) One member shall be appointed by the minority leader of the House of Representatives, in coordination with the ranking members of the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives. (4) One member shall be appointed by the minority leader of the Senate, in coordination with the ranking members of the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate. (5) Two members shall be appointed by the President, in consultation with the Secretary of Homeland Security. Only one of such members may be from the same political party as the President. (b) Prohibition.--Except as provided in subsection (a), members of the Panel may not be current appointees of the President's Administration or Members of Congress, in order to ensure objectivity of the Panel's assessments. No member may be or have been an employee of the United States Secret Service at any point in their career. (c) Deadline for Appointments.--All appointments to the Panel shall be made not later than 90 days after the date of the enactment of this Act. (d) Co-Chairs.--The Panel shall have two co-chairs, as follows: (1) A co-chair who shall be a member of the Panel designated by the Speaker of the House of Representatives. (2) A co-chair who shall be a member of the Panel designated by the majority leader of the Senate. (e) Vacancy.--In the event of a vacancy on the Panel, the individual appointed to fill the vacant seat shall be-- (1) subject to paragraph (2), appointed by the same officer (or the officer's successor) who made the appointment to the seat when the Panel was first established; or (2) if the officer's successor is of a party other than the party of the officer who made the initial appointment when the Panel was first established, chosen in consultation with the senior officers of the House of Representatives and the Senate of the party which is the party of the officer who made such initial appointment. (f) Government Employees.--Members of the Panel who are officers or employees of the Federal Government shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Panel. (g) Initial Meeting.--The Panel shall meet and begin the operations of the Panel not later than 60 days after the appointment of all Panel members under subsection (a). SEC. 5. DUTIES. The Panel shall assess the current leadership structure, protocols, training, tools, and capabilities of the United States Secret Service, including assessing-- (1) the unity of effort between the divisions of the United States Secret Service, law enforcement agencies, and other components of the Department of Homeland Security related to the protective and investigative missions, including whether mission duplication with other Federal entities exists; (2) the impact of United States Secret Service personnel culture on the effectiveness and efficiency of the Service, including Special Agent and Uniformed Division retention; (3) the impact any leadership or security deficiencies have on the threat from acts of terrorism or other security incidents; (4) identification of all security breaches at locations under United States Secret Service protection in the past five years; (5) the extent to which current resources provide for accomplishing the mission of the United States Secret Service; (6) the effectiveness of communications and dissemination of homeland security information within the United States Secret Service and with other law enforcement entities in routine as well as emergency situations; and (7) any necessary recommendations for congressional consideration. SEC. 6. POWERS AND AUTHORITIES. (a) In General.--The Panel or, on the authority of the Panel, any portion thereof, may, for the purpose of carrying out this section-- (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths (provided that the quorum for a hearing shall be two members of the Panel); and (2) subject to subsection (b), require by subpoena or otherwise provide for the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Panel, or such portion thereof, may determine advisable. (b) Open to the Public.--Hearings and other activities conducted under subsection (a) shall be open to the public unless the Panel, or, on the authority of the Panel, any portion thereof, determines that such is not appropriate, including for reasons relating to the disclosure of information or material regarding the national security interests of the United States or the disclosure of sensitive law enforcement data. (c) Subpoenas.-- (1) Issuance.-- (A) In general.--A subpoena may be issued under this subsection only-- (i) by the two co-chairs; or (ii) by the affirmative recorded vote of six members of the Panel. (B) Signature.--Subpoenas issued under this subsection may be-- (i) issued under the signature of the two co-chairs or any member designated by a majority of the Panel; and (ii) served by any person designated by the two co-chairs or by any member designated by a majority of the Panel. (2) Enforcement.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as contempt of that court. (B) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena, the Panel may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before a grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (d) Personnel.-- (1) In general.--The Panel shall have the authorities provided in section 3161 of title 5, United States Code, and shall be subject to the conditions specified in such section, except to the extent that such conditions would be inconsistent with the requirements of this section. (2) Compensation.--The co-chairs, in accordance with rules agreed upon by the Panel, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Panel to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (3) Detailees.--Any employee of the Federal Government may be detailed to the Panel without reimbursement from the Panel, and such employee shall retain the rights, status, and privileges of such employee's regular employment without interruption. (4) Expert and consultant services.--The Panel is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Volunteer services.--Notwithstanding section 1342 of title 31, United States Code, the Panel may accept and use voluntary and uncompensated services as the Panel determines necessary. (e) Security Clearances.--The appropriate departments or agencies of the Federal Government shall cooperate with the Panel in expeditiously providing to the Panel members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this section without the appropriate security clearances. (f) Contracting.--The Panel may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Panel to carry out its duties under this Act. (g) Postal Services.--The Panel may use the United States mails in the same manner and under the same conditions as departments and agencies of the Federal Government. (h) Support Services.--Upon request of the Panel, the Administrator of General Services shall provide the Panel, on a reimbursable basis, with the administrative support services necessary for the Panel to carry out its duties under this Act. Such administrative services may include human resource management, budget, leasing, accounting, and payroll services. (i) Rules of Procedure.--The Panel may establish rules for the conduct of the Panel's business, if such rules are not inconsistent with this Act or other applicable law. (j) Nonapplicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Panel. (k) Termination.--The Panel shall terminate on the date that is 60 days after the date of the submission of its final report. SEC. 7. REPORTS TO CONGRESS. (a) Interim Report.--Not later than nine months after the date of the appointment of all the members of the Panel, the Panel shall submit to the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate an interim report, including the results and findings of the assessments carried out in accordance with section 5. (b) Other Reports and Briefings.--The Panel may from time to time submit to the committees specified in subsection (a) such other reports and briefings relating to the assessments carried out in accordance with section 5 as the Panel considers appropriate. Such committees may request information on the Panel's progress as it conducts its work. (c) Final Report.--Not later than eighteen months after the date of the appointment of all the members of the Panel, the Panel shall submit to the committees specified in subsection (a) a final report on the assessments carried out in accordance with section 5. Such final report shall-- (1) include the findings of the Panel; (2) identify lessons learned related to United States Secret Service leadership issues; and (3) include specific recommendations, including those for congressional consideration, relating to-- (A) improving the efficiency and effectiveness of the leadership structure, protocols, training, tools, and capabilities of the Department of Homeland Security's mission to protect national leaders, visiting heads of state and government, designated sites, and special events of national significance (in accordance with paragraph (1) of section 3056(e) of title 18 United States Code); (B) improving unity of effort between the divisions of the United States Secret Service and other law enforcement agencies and other components of the Department of Homeland Security relating to the protective and, as applicable, investigative missions, including whether duplication with other Federal entities exists; (C) eliminating barriers to effective communications in routine as well as emergency situations; (D) identifying and mitigating cultural issues within the United States Secret Service that detract from the mission of the Service; and (E) improvements needed to mitigate risks based on past security breaches.", "summary": "United States Secret Service Accountability and Improvement Act of 2014 - Establishes in the legislative branch an independent advisory panel to: (1) examine the efficiency and effectiveness of the leadership structure, protocols, training, tools, and capabilities of the Department of Homeland Security's (DHS) mission to protect national leaders, visiting heads of state and government, designated sites, and special events of national significance; and (2) make recommendations to improve the overall efficiency and effectiveness of the United States Secret Service. Directs the panel to assess the current leadership structure, protocols, training, tools, and capabilities of the Service, including assessing: the unity of effort between the divisions of the Service, law enforcement agencies, and other components of DHS related to the protective and investigative missions; the impact of Service personnel culture on its effectiveness and efficiency; the impact any leadership or security deficiencies have on the threat from acts of terrorism or other security incidents; identification of all security breaches at locations under Service protection in the past five years; the extent to which current resources provide for accomplishing its mission, and the effectiveness of communications and dissemination of homeland security information within the Service and with other law enforcement entities in routine and emergency situations. Sets forth reporting requirements, including requiring the final report to identify lessons learned regarding Service leadership issues and to include recommendations for improving efficiency and effectiveness, improving unity of effort, eliminating barriers to effective communications, identifying and mitigating culture issues that detract from its mission, and mitigating risks based on past security breaches."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Employee Ownership Bank Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Over the past 2 years, the United States has lost more than 2,000,000 decent-paying manufacturing jobs. (2) With 14,731,000 total manufacturing jobs, the United States now has the lowest number of factory jobs since October, 1958. (3) According to Forrester Research, ``Over the next 15 years, 3,300,000 United States service industry jobs and $136,000,000,000 in wages will move offshore to countries like India, Russia, China and the Philippines. The IT industry will lead the initial overseas exodus.''. (4) At the end of 2002, the United States had a record- breaking trade deficit of $435,200,000,000, including a $103,100,000,000 trade deficit with China. (5) Preserving and increasing decent-paying jobs must be a top priority of the United States Congress. (6) Providing loan guarantees, direct loans, and technical assistance to employees to buy their own companies will preserve and increase employment in the United States. (7) Just like the United States Export-Import Bank was created in 1934 during the midst of the Great Depression as a way to increase United States jobs through exports, the time has come to establish the United States Employee Ownership Bank within the Department of the Treasury to preserve and expand jobs in the United States. SEC. 3. ESTABLISHMENT OF UNITED STATES EMPLOYEE OWNERSHIP BANK WITHIN THE DEPARTMENT OF THE TREASURY. (a) Establishment Required.--Before the end of the 30-day period beginning on the date of the enactment of this Act, the Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall establish the United States Employee Ownership Bank (hereinafter referred to as the ``Bank'') to foster increased employee ownership and greater employee participation in company decision-making throughout the United States. (b) Duties of Bank.--The Secretary shall establish such Bank to provide the following: (1) Loans subordinated to the interests of all other creditors, loan guarantees, and technical assistance, on such terms and subject to such conditions as the Secretary determines to be appropriate, to employees to purchase a business through an employee stock ownership plan or eligible worker-owned cooperative that are at least 51 percent employee owned. (2) Grants to States and nonprofit and cooperative organizations with experience in developing employee-owned businesses and worker-owned cooperatives to provide education and outreach to inform people about the possibilities and benefits of employee ownership of companies, gain sharing, and participation in company decision-making, including some financial education. (3) Grants to States and nonprofit and cooperative organizations with experience in developing employee-owned businesses and worker-owned cooperatives to provide technical assistance to assist employee efforts to become business owners. (4) Grants to States and nonprofit and cooperative organizations with experience in developing employee-owned businesses and worker-owned cooperatives to provide participation training to teach employees and employers methods of employee participation in company decision-making. (5) Grants to States and nonprofit and cooperative organizations with experience in developing employee-owned businesses and worker-owned cooperatives to conduct objective third party pre-feasibility and feasibility studies to determine if employees who would like to start-up employee stock ownership plans or worker cooperatives would be able to make a profit. (c) Preconditions.--Before the Bank makes any subordinated loan or loan guarantee under subsection (b)(1), the employees shall submit to the Bank the following: (1) A business plan that shows that-- (A) at least 51 percent of all interests in the employee stock ownership plan or eligible worker-owned cooperative is owned or controlled by employees; (B) the Board of Directors of the employee stock ownership plan or eligible worker-owned cooperative is elected by all of the employees; and (C) all employees receive basic information about company progress and have the opportunity to participate in day-to-day operations. (2) A feasibility study from an objective third party with a positive determination that the employee stock ownership plan or eligible worker owned cooperative will be profitable enough to pay back any loan, subordinated loan or loan guarantee that was made possible through the United States Employee Ownership Bank. (d) Insurance of Subordinated Loans and Loan Guarantees.-- (1) In general.--The Bank shall, with respect to any subordinated loan or loan guarantee provided under this Act, insure such loan or loan guarantee against the nonrepayment of the outstanding balance of the loan. (2) Annual premiums.--The Bank shall fix the annual premium for the insurance of each subordinated loan or loan guarantee under this subsection to be paid by the borrower in such manner and in such amount as the Secretary determines to be appropriate. (3) Premiums and guarantee fees available to cover losses.--The premiums collected by the Bank from insurance issued under this subsection and the fees collected by the Bank for loan guarantees issued under subsection (b) shall be deposited in a fund in the Treasury and shall be available to the Bank to cover any losses incurred by the Bank in connection with any such loan or loan guarantee. (e) Technical Assistance in the Discretion of the Secretary.--In the case of activities under subsection (b)(3), the Secretary may require the Bank to take the following actions: (1) Provide for the targeting of key groups such as retiring business owners, unions, managers, trade associations, and community organizations. (2) Encourage cooperation in organizing workshops and conferences. (3) Provide for the preparation and distribution of materials concerning employee ownership and participation. (f) Participation Training in the Discretion of the Secretary.--In the case of activities under subsection (b)(4), the Secretary may require the Bank to take the following actions: (1) Provide for courses on employee participation. (2) Provide for the development and fostering of networks of employee owned companies to spread the use of successful participation techniques. SEC. 4. REGULATIONS TO ENSURE THE SAFETY AND SOUNDNESS OF THE UNITED STATES EMPLOYEE OWNERSHIP BANK. Before the end of the 30-day period beginning the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to ensure the safety and soundness of the United States Employee Ownership Bank. SEC. 5. REGULATIONS TO ENSURE THE UNITED STATES EMPLOYEE OWNERSHIP BANK WILL NOT COMPETE WITH COMMERCIAL FINANCIAL INSTITUTIONS. Before the end of the 30-day period beginning the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to ensure that the United States Employee Ownership Bank will not compete with commercial financial institutions. SEC. 6. COMMUNITY REINVESTMENT CREDIT. Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 2903) is amended by adding at the end the following new subsection: ``(d) Establishment of ESOPs and EWOCs.--In assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency may consider as a factor capital investments, loans, loan participation, technical assistance, financial advice, grants, and other ventures undertaken by the institution to support or enable manufacturing employees to establish employee stock ownership plans or eligible worker owned cooperatives that are at least 51 percent employee-owned plans or cooperatives.''. SEC. 7. ORGANIZATION OF BANK. (a) Management.--There shall be at the head of the Bank, a Director of the United States Employee Ownership Bank (hereinafter in this Act referred to as the ``Director''), who shall be appointed by and serve at the pleasure of the Secretary. (b) Staff.--The Director may select, appoint, employ, and fix the compensation of such employees as shall be necessary to carry out the functions of the Bank. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of the Treasury $100,000,000 for each of fiscal years 2004, 2005, 2006, 2007, and 2008 to carry out the purposes of this Act.", "summary": "United States Employee Ownership Bank Act - Directs the Secretary of the Treasury to establish the United States Employee Ownership Bank in order to foster increased employee ownership and participation in company decision-making throughout the United States. Lists among the Bank's duties providing loans to enable employees to purchase a business through an employee stock ownership plan or eligible worker-owned cooperative that is at least 51 percent employee-owned. States that such loans are subordinated to the interests of all other creditors, loan guarantees, and technical assistance programs. Amends the Community Reinvestment Act of 1977 to provide that in assessing and taking into account the record of a financial institution, the appropriate Federal financial supervisory agency may consider as a factor capital investments, loans, loan participation, technical assistance, financial advice, grants, and other ventures undertaken by the institution to support or enable manufacturing employees to establish employee stock ownership plans or eligible worker owned cooperatives that are at least 51 percent employee-owned plans or cooperatives."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowerment of Iraqi Women Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Saddam Hussein regime committed human rights atrocities against the citizens of Iraq. (2) In the past, women in Iraq played important roles in public and private industries, including the government. (3) Iraqi women currently are serving in the National Assembly, government ministries, and local governments. (4) The reconstruction of Iraq and the writing of the permanent Iraqi Constitution provide a unique opportunity to continue this success and to affirm women's human rights under law. (5) For women to fully participate in Iraqi society, they must have the guaranteed right to vote, the guaranteed right to run for office, guaranteed equality of opportunity, guaranteed equality in family law, guaranteed equal access to the civil courts, protection from gender-motivated violence, and guaranteed access to health care, education, and employment. (6) The United States, through its involvement in Iraq, must be actively working toward guaranteeing the full inclusion and participation of Iraqi women in the political and economic life of their country, and must continue to do so throughout the reconstruction process. (7) The United States must be actively working to ensure that the lives of Iraqi women are made better, not worse, because of United States intervention. SEC. 3. ESTABLISHMENT OF IRAQI WOMEN'S FUND. (a) Establishment.--The Administrator of the United States Agency for International Development shall establish a fund for the purpose of assisting women and girls in Iraq in the areas of political, legal, and human rights, health care, education, training, security, and shelter. (b) Activities Supported.--The fund established under subsection (a) shall support the following activities: (1) Direct financial and programmatic assistance to the Iraq Ministry of Women's Affairs (hereafter in this section referred to as the ``Ministry'') to promote the strengthening of the Ministry as the Government of Iraq continues its transition to a long-term government structure. The Ministry may use such assistance to support activities such as the following: (A) Multiyear women-centered economic development programs, including programs to assist widows, female heads of household, women in rural areas, and disabled women. (B) Collaboration with the Iraq Ministry of Health to construct health infrastructure and delivery of high-quality comprehensive health care programs, including primary, maternal, child, reproductive, and mental health care. (C) Programs to prevent trafficking in persons, assist victims, and apprehend and prosecute traffickers in persons. (D) Programs to prevent gender-motivated violence targeted at women, including domestic violence. (2) Collaboration with the Iraq Ministry of Education to construct women's educational facilities in Iraq and promote the education of Iraqi girls beyond primary school. (c) Report.--Not later than 60 days after the date of the enactment of this Act, and annually thereafter, the Administrator of the United States Agency for International Development shall prepare and submit to Congress a report that contains documentation of activities of the United States Agency for International Development, the Iraq Ministry of Women's Affairs, the Iraq Ministry of Health, and the Iraq Ministry of Education to implement the requirements of this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $22,500,000 for each of the fiscal years 2007, 2008, and 2009 and such sums as are necessary for each subsequent fiscal year. SEC. 4. ASSISTANCE TO IRAQ. Notwithstanding any other provision of law, not less than 15 percent of the aggregate amount of economic and humanitarian assistance authorized to be made available to Iraq for each of the fiscal years 2007, 2008, and 2009 shall be made available for assistance directly to Iraqi-led local nongovernmental organizations, including not less than 5 percent of that 15 percent for Iraqi women-led organizations, with demonstrated experience in delivering services to Iraqi women and children to support their programmatic activities and organizational development. In recognition of the appreciating capacity of Iraqi-led local nongovernmental organizations, including Iraqi women-led organizations, an appropriate percentage of the aggregate amount of economic and humanitarian assistance authorized to be made available to Iraq for fiscal year 2010 and each subsequent fiscal year shall be made available for assistance directly to Iraqi-led local nongovernmental organizations, including Iraqi women-led organizations. SEC. 5. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN IRAQ. (a) In General.--Activities described in subsections (b) through (d) that are carried out by the United States in Iraq shall comply with the applicable requirements contained in such subsections. (b) Governance of Iraq.--With respect to the governance of Iraq, the applicable requirements are the following: (1) Include the perspectives and advice of Iraqi women's organizations, networks, and leaders in United States policymaking related to the governance of Iraq. (2) Promote the achievement of 25 percent of the seats in the National Assembly to be held by Iraqi women to ensure that women's full range of human rights are included and upheld in any constitution or legal structures of Iraq. (3) Encourage the appointment of women to high level positions within Iraqi Ministries. (c) Post-Conflict Reconstruction and Development.--With respect to activities relating to post-conflict stability in Iraq, the applicable requirements are the following: (1) Encourage United States organizations that receive funds authorized by this Act to partner with or create Iraqi- led counterpart organizations and provide these organizations with significant financial resources, technical assistance, and capacity building. (2) Increase women's access to or ownership of productive assets such as land, water, agricultural inputs, credit, and property. (3) Provide long-term financial assistance for primary, secondary, higher, nontraditional, and vocational education for Iraqi girls, women, boys, and men. (4) Integrate education and training programs for former combatants with economic development programs to encourage their reintegration into society and to promote post-conflict stability. (d) Iraqi Military and Police.--With respect to training for military and police forces in Iraq, the applicable requirements are the following: (1) Include training on the protection, rights, and the particular needs of women and emphasize that violations of women's rights are intolerable and should be prosecuted. (2) Encourage such trainers who will carry out the activities in paragraph (1) to consult with women's organizations in Iraq to ensure that training content and materials are adequate, appropriate, and comprehensive. SEC. 6. REPORTING REQUIREMENTS. Not later than 60 days after the date of the enactment of this Act, and annually thereafter, the President shall prepare and transmit to Congress a report that contains documentation of activities of the United States to guarantee the rights of Iraqi women, including progress in implementing the requirements of section 5 and on the status of women's rights in Iraq. All data in the report shall be disaggregated by gender.", "summary": "Empowerment of Iraqi Women Act of 2006 - Directs the United States Agency for International Development (USAID) establish a fund to assist women and girls in Iraq in the areas of political, legal, and human rights, health care, education, training, security, and shelter. Directs that the fund: (1) provide direct financial and programmatic assistance to the Iraq Ministry of Women's Affairs to strengthen the Ministry as the government of Iraq transitions to a long-term government structure; and (2) collaborate with the Iraq Ministry of Education to construct women's educational facilities and promote the education of Iraqi girls beyond primary school. Obligates specified economic and humanitarian assistance to Iraq for assistance directly to Iraqi-led local nongovernmental organizations, including Iraqi women-led organizations, with demonstrated experience in delivering services to Iraqi women and children."}
{"article": "SECTION 1. DEDUCTION FOR POSTSECONDARY EDUCATION EXPENSES. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. POSTSECONDARY EDUCATION EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the qualified postsecondary education expenses paid by the taxpayer during the taxable year. ``(b) Dollar Limitations.-- ``(1) Per student.--The aggregate payments during the taxable year for the qualified postsecondary education expenses of each individual which may be taken into account under subsection (a) shall not exceed $10,000. ``(2) Per taxpayer.--The amount allowed as a deduction under subsection (a) for the taxable year shall not exceed $20,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified postsecondary education expenses.--The term `qualified postsecondary education expenses' means qualified tuition and related expenses of-- ``(A) the taxpayer, or ``(B) an individual who is the spouse, or a dependent, of the taxpayer for the taxable year in which such expenses are incurred, for attendance at an eligible educational institution. ``(2) Qualified tuition and related expenses.--The term `qualified tuition and related expenses' means-- ``(A) tuition and fees required for enrollment or attendance at an eligible educational institution, ``(B) fees, books, supplies, and equipment required for courses of instruction at such an institution, and ``(C) reasonable living expenses while away from home. Such term shall not include expenses which are treated as not described in section 135(c)(2)(A) by reason of section 135(c)(2)(B). ``(3) Eligible educational institution.--The term `eligible educational institution' has the meaning given to such term by section 135(c)(3). ``(d) Coordination With Other Provisions.-- ``(1) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for qualified postsecondary education expenses with respect to which a deduction is allowed under any other provision of this chapter. ``(B) Savings bond exclusion.--A deduction shall be allowed under subsection (a) for qualified postsecondary education expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 for the taxable year. ``(e) Special Rules.-- ``(1) Adjustment for certain scholarships and veterans benefits.--The amounts otherwise taken into account under subsection (a) as qualified postsecondary education expenses of any individual during any period shall be reduced (before the application of subsection (b)) by any amounts received by such individual during such period as-- ``(A) a qualified scholarship (within the meaning of section 117(b)) which under section 117 is not includible in gross income, or ``(B) an educational assistance allowance under chapters 30, 31, 32, 34, or 35 of title 38 of the United States Code. ``(2) Eligible courses.--Amounts paid for qualified postsecondary education expenses of any individual shall be taken into account under subsection (a) only to the extent such expenses are attributable to courses of instruction for which credit is allowed toward a degree by an institution of higher education or toward a certificate of required course work at a vocational school. ``(3) Individual must be at least a half-time student.--No deduction shall be allowed under subsection (a) for amounts paid during the taxable year for qualified postsecondary education expenses with respect to any individual unless that individual, during any 4 calendar months during the calendar year in which the taxable year of the taxpayer begins, is at least a half-time student at an eligible education institution. ``(4) Taxpayer who is dependent of another taxpayer.--No deduction shall be allowed to a taxpayer under subsection (a) for amount paid for the education of such taxpayer if such taxpayer is a dependent of another person for a taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. ``(5) Spouse.--No deduction shall be allowed under subsection (a) for amounts paid during the taxable year for qualified postsecondary education expenses for the spouse of the taxpayer unless-- ``(A) the taxpayer is entitled to an exemption for his spouse under section 151(b) for the taxable year, or ``(B) the taxpayer files a joint return with his spouse for the taxable year.'' (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of such Code is amended by inserting after paragraph (15) the following new paragraph: ``(16) Postsecondary education expenses.--The deduction allowed by section 220.'' (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 220 and inserting: ``Sec. 220. Postsecondary education expenses. ``Sec. 221. Cross reference.'' (d) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994.", "summary": "Amends the Internal Revenue Code to allow an income tax deduction for qualified postsecondary education expenses of the taxpayer or the taxpayer's spouse or dependent."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States-Mexico border is an interdependent and dynamic region of more than 15,000,000 people with significant and unique public health challenges. (2) These challenges include low rates of health insurance coverage, poor access to health care services, high unemployment rates, low educational attainment, and high rates of dangerous diseases, such as tuberculosis, diabetes, obesity, and other non-communicable diseases. (3) As the 2009 novel influenza A (H1N1) pandemic illustrated, diseases do not respect international boundaries, and a strong public health effort at and along the borders is crucial to not only protect and improve the health of Americans but also to help secure the country against threats to biosecurity and other emerging threats. (4) For 11 years, the United States-Mexico Border Health Commission has served as a crucial binational institution to address these unique and truly cross-border health issues. (5) More than 75 percent of Canadians live within 100 miles of the United States border. The 2003 epidemic of severe acute respiratory syndrome caused more than 250 illnesses in the Greater Toronto Area, just 80 miles from New York. SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS. The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended-- (1) in section 3-- (A) in paragraph (1), by striking ``; and'' and inserting ``;''; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(3) to cooperate with the Canada-United States Pan-Border Public Health Preparedness Council (referred to in this Act as the `Council'), as appropriate; and ``(4) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues.''; (2) in section 5-- (A) in subsection (b), by striking ``should be the leader'' and inserting ``shall be the Chair''; and (B) by adding at the end the following: ``(d) Providing Advice and Recommendations.--Members of the Commission and the Council may at any time provide advice or recommendations to the Secretary, Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Such advice or recommendations may be provided regardless of whether a request for such is made and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or Council or any other Federal official.''; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: ``SEC. 7. BORDER HEALTH GRANTS. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, public institution of higher education, local government, Indian tribe, tribal organization, urban Indian organization, nonprofit health organization, trauma center, critical access hospital or other hospital that serves rural or other vulnerable communities and populations, faith-based entity, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the United States- Mexico border area or the United States-Canada border area. ``(b) Authorization.--From amounts appropriated under section 11, the Secretary, in consultation with members of the Commission and Council and in coordination with the Office of Global Affairs, shall award grants to eligible entities to address priorities and recommendations outlined by the strategic plan and operational work plan of the Commission and the Council, as authorized under section 9, to improve the health of United States-Mexico border area and United States-Canada border area residents. ``(c) Application.--An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds for any of the following: ``(1) Programs relating to any one or more of the following: ``(A) Maternal and child health. ``(B) Primary care and preventative health. ``(C) Infectious disease testing, monitoring, and surveillance. ``(D) Public health and public health infrastructure. ``(E) Health promotion. ``(F) Oral health. ``(G) Behavioral and mental health. ``(H) Substance abuse prevention and harm reduction. ``(I) Health conditions that have a high prevalence in the United States-Mexico border area or United States-Canada border area. ``(J) Medical and health services research. ``(K) Workforce training and development. ``(L) Community health workers and promotoras. ``(M) Health care infrastructure problems in the United States-Mexico border area or United States- Canada border area (including planning and construction grants). ``(N) Health disparities in the United States- Mexico border area or United States-Canada border area. ``(O) Environmental health. ``(P) Health education. ``(Q) Outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.)). ``(R) Trauma care. ``(S) Health research with an emphasis on infectious disease and pressing issues related to noncommunicable diseases. ``(T) Epidemiology and health research. ``(U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. ``(V) Obesity, particularly childhood obesity. ``(W) Crisis communication, domestic violence, health literacy, or cancer. ``(X) Community-based participatory research on border health issues. ``(Y) Violence prevention. ``(Z) Cross-border public health preparedness. ``(2) Other programs determined appropriate by the Secretary. ``(e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). ``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE (EWIDS) IN THE BORDER AREA. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian tribe, tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. ``(b) Authorization.--From funds appropriated under section 11, the Secretary shall award grants for Early Warning Infectious Disease Surveillance (EWIDS) to eligible entities for infectious disease surveillance activities in the United States-Mexico border area or United States-Canada border area. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds, in coordination with State and local all hazards programs, to-- ``(1) develop and implement infectious disease surveillance plans and networks and public health emergency and readiness assessments and preparedness plans, and purchase items necessary for such plans; ``(2) coordinate infectious disease surveillance planning and interjurisdictional risk assessments in the region with appropriate United States-based agencies and organizations and appropriate authorities in Mexico or Canada; ``(3) improve infrastructure, including surge capacity, syndromic surveillance, and isolation/decontamination capacity, and policy preparedness, including for mutual assistance and for the sharing of information and resources; ``(4) improve laboratory capacity, in order to maintain and enhance capability and capacity to detect potential infectious disease, whether naturally occurring or the result of terrorism; ``(5) create and maintain a health alert network, including risk communication and information dissemination that is culturally competent and takes into account the needs of at- risk populations, including individuals with disabilities; ``(6) educate and train clinicians, epidemiologists, laboratories, and emergency management personnel; ``(7) implement electronic data and infrastructure inventory systems to coordinate the triage, transportation, and treatment of multicasualty incident victims; ``(8) provide infectious disease testing in the United States-Mexico border area or United States-Canada border area; and ``(9) carry out such other activities identified by the Secretary, members of the Commission, members of the Council, State or local public health authorities, representatives of border health offices, or authorities at the United States- Mexico or United States-Canada borders. ``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(a) Strategic Plan.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, and every 5 years thereafter, the Commission (including the participation of members representing both the United States and Mexican sections) and the Council (including the participation of members representing both the United States and Canada) shall each prepare a binational strategic plan to guide the operations of the Commission and the Council and submit such plan to the Secretary and Congress. ``(2) Requirements.--The binational strategic plan under paragraph (1) shall include-- ``(A) health-related priority areas determined most important by the full membership of the Commission or Council, as applicable; ``(B) recommendations for goals, objectives, strategies, and actions designed to address such priority areas; and ``(C) a proposed evaluation framework with output and outcome indicators appropriate to gauge progress toward meeting the objectives and priorities of the Commission or Council, as applicable. ``(b) Work Plan.--Not later than January 1, 2017, and every 2 years thereafter, the Commission and the Council shall develop and approve an operational work plan and budget based on the strategic plan under subsection (a). ``(c) GAO Review.--Not later than January 1, 2018, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). The evaluation shall include a request for written evaluations from members of the Commission and the Council about barriers and facilitators to executing successfully the work plans of the Commission and the Council. ``(d) Biannual Reporting.--The Commission and Council shall each issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Not later than 3 months following receipt of each such biannual report, the Secretary shall provide to Congress the report and any studies or other materials produced independently by the Commission and Council. ``(e) Audits.--The Secretary shall annually prepare an audited financial report to account for all appropriated assets expended by the Commission and Council to address both the strategic and operational work plans for the year involved. ``(f) By-Laws.--Not later than 6 months after the date of enactment of this section, the Commission and Council shall develop and approve bylaws to provide fully for compliance with the requirements of this section. ``(g) Transmittal to Congress.--The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. The Comptroller General of the United States shall submit a copy of each evaluation completed under subsection (c) to Congress. ``SEC. 10. COORDINATION. ``(a) In General.--To the extent practicable and appropriate, plans, systems, and activities to be funded (or supported) under this Act for all hazard preparedness, and general border health, shall be coordinated with Federal, State, and local authorities in Mexico, Canada, and the United States. ``(b) Coordination of Health Services and Surveillance.--The Secretary, acting through the Assistant Secretary for Preparedness and Response, when appropriate, may coordinate with the Secretary of Homeland Security in establishing a health alert system that-- ``(1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the United States-Mexico border area and United States-Canada border area; and ``(2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along the United States-Mexico border area and United States-Canada border area. ``SEC. 11. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $7,000,000 for fiscal year 2017 and each succeeding year, subject to the availability of appropriations for such purpose, of which $4,650,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States- Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas, and $2,350,000 shall be allocated for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council.''; and (5) in section 12 (as so redesignated)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (6), respectively; (B) by inserting after paragraph (2), the following: ``(3) Indians; indian tribe; tribal organization; urban indian organization.--The terms `Indian', `Indian tribe', `tribal organization', and `urban Indian organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).''; and (C) by inserting after paragraph (4), as so redesignated, the following: ``(5) United states-canada border area.--The term `United States-Canada border area' means the area located in the United States and Canada within 100 kilometers of the border between the United States and Canada.''.", "summary": "Border Health Security Act of 2015 This bill amends the United States-Mexico Border Health Commission Act to require the commission to cooperate with the Canada-United States Pan-Border Public Health Preparedness Council and to recommend and implement initiatives that solve border health issues. Members of the commission may provide advice or recommendations to the Department of Health and Human Services (HHS) or Congress without authorization or a request. HHS must award grants: (1) to address the priorities and recommendations of the commission and council to improve the health of border area residents, and (2) for infectious disease surveillance activities in border areas. Every five years, the commission and the council must each prepare a binational strategic plan that includes priority areas, recommendations to address these priority areas, and an evaluation framework to gauge progress. The Office of the Assistant Secretary for Preparedness and Response may coordinate with the Department of Homeland Security in establishing a system that alerts clinicians and public health officials to emerging health threats in border areas."}
{"article": "SECTION 1. ENERGY-RELATED RESEARCH AND DEVELOPMENT. (a) Findings.--Congress finds that-- (1) information and opinions provided by individuals and entities of the academic and industrial sectors should be an important consideration with respect to energy-related research and development activities carried out by the Federal Government; (2) in carrying out energy-related research and development activities, the Federal Government should regularly seek input from multiple sources, including the industrial sector, academia, and other relevant sectors; (3) research is better focused around well-defined problems that need to be resolved; (4) a number of potential problems to be resolved are likely to require input from a diverse selection of technologies and contributing sectors; (5) sharing of information relating to energy research and development is important to the development and innovation of energy technologies; (6) necessary intellectual property protection can lead to delays in sharing valuable information that could aid in resolving major energy-related problems; (7) the Federal Government should facilitate the sharing of information from a diverse array of industries by ensuring the protection of intellectual property while simultaneously creating an environment of openness and cooperation; and (8) the Federal Government should revise the methods of the Federal Government regarding energy-related research and development to encourage faster development and implementation of energy technologies. (b) Definitions.--In this section: (1) Network.--The term ``network'' means the Energy Technologies Innovation Network established by subsection (d)(1). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Survey.--The term ``survey'' means a survey conducted pursuant to subsection (c). (c) Energy-Related Research and Development Priorities.-- (1) In general.--Not less frequently than once every 5 years, the Secretary shall conduct a survey in accordance with this subsection to determine the 10 highest-priority energy- related problems to resolve to ensure the goals of-- (A) maximizing the energy security of the United States; (B) maximizing improvements in energy efficiency within the United States; and (C) minimizing damage to the economy and the environment of the United States. (2) Survey.-- (A) In general.--Each survey shall contain a request that the respondent shall list, in descending order of priority, the 10 highest-priority energy- related problems that, in the opinion of the respondent, require resolution as quickly as practicable to ensure the goals described in paragraph (1). (B) Announcement.--The Secretary shall announce the existence of each survey by-- (i) publishing an announcement in the Federal Register; and (ii) placing an announcement in a prominent position on the homepage of the website of the Department of the Energy. (C) Availability.--The Secretary shall ensure that each survey is made available-- (i) in an electronic format only through a link on the Department of Energy website; (ii) for a period of not less than 21 days and not more than 30 days; and (iii) to any individual or entity that elects to participate. (D) Additional information gathering.--Each survey-- (i) shall require each respondent to provide information regarding-- (I) the age of the respondent; (II) the occupational category of the respondent; (III) the period of time during which the respondent has held the current occupation of the respondent; and (IV) the State and country in which the respondent resides; and (ii) may request, but shall not require-- (I) the name of the respondent; (II) an identification of the employer of the respondent; (III) the electronic mail address of the respondent; and (IV) such other information as the Secretary determines to be appropriate. (E) Respondents.--The Secretary shall seek responses to a survey from appropriate representatives of-- (i) the energy, transportation, manufacturing, construction, mining, and electronic industries; (ii) academia; (iii) research facilities; (iv) nongovernmental organizations; (v) the Federal Government; and (vi) units of State and local government. (F) Nonpolitical requirement.--The Secretary shall ensure that each survey is conducted, to the maximum extent practicable-- (i) in a transparent, nonpolitical, and scientific manner; and (ii) without any political bias. (G) Report.--Not later than 180 days after the date on which a survey under this subsection is no longer available under subparagraph (C)(ii), the Secretary shall submit to Congress and make available to the public (including through publication in the Federal Register and on the website of the Department of Energy) a report that-- (i) describes the results of the survey; and (ii) includes a list of the 10 highest- priority energy-related problems based on all responses to the survey. (3) Effect of results on energy-related research and development.-- (A) In general.--Subject to subparagraph (B), on receipt of a report under paragraph (2)(G), the Secretary shall ensure that, during the 5-year period beginning on the date of receipt of the report, all energy-related research and development activities of the Department of Energy are carried out for the purpose of resolving, to the maximum extent practicable, the 10 problems included on the list of the report under paragraph (2)(G)(ii). (B) Additional problems.--In addition to the activities described in subparagraph (A), during the 5- year period beginning on the date of receipt of a report under paragraph (2)(G), the Secretary may carry out, using the same quantity of resources as are allocated to any 1 energy-related problem included on the list of the report under paragraph (2)(G)(ii), energy-related research and development activities for the purpose of resolving, to the maximum extent practicable, 2 additional energy-related problems that-- (i) are not included on the list; and (ii) are high-priority energy-related problems, as determined by the Secretary. (d) Energy Technologies Innovation Network.-- (1) Establishment.--There is established an information and collaboration network, to be known as the ``Energy Technologies Innovation Network''. (2) Purpose.--The purpose of the network shall be to provide a forum through which interested parties (including scientists and entrepreneurs) can present, discuss, and collaborate with respect to information and ideas relating to energy technologies. (3) Operation of network.-- (A) In general.--The Secretary shall offer to enter into a contract, after an open bidding process, with a third party to operate the network. (B) Requirements.--The third party selected under subparagraph (A) shall-- (i) have experience with respect to the establishment and maintenance of a comprehensive database of Federal research and development projects that is-- (I) easily searchable; (II) open to the public; and (III) capable of expansion; (ii) provide a secure electronic forum to enable collaboration among users of the network; and (iii) collaborate with the Secretary to protect the intellectual property rights of individual users and governmental agencies participating in the network in accordance with paragraph (6). (4) Required contributors.--Each research laboratory or other facility that receives Federal funding shall provide to the network the results of the research conducted using that funding, regardless of whether the research relates to energy, subject to the condition that revelation of the research will not adversely effect national security. (5) Other contributors.--Other entities, including entities in the academic and industrial sectors and individuals, may participate in the network to actively contribute to resolving-- (A) the energy-related problems included on the list of the report under subsection (c)(2)(G)(ii); or (B) any other energy-related problem that the contributor determines would advance the goals described in subsection (c)(1). (6) Protection of information and ideas.--In collaborating with a third party in operating the network under paragraph (3), the Secretary shall employ such individuals and entities with experience relating to-- (A) intellectual property as the Secretary determines to be necessary to ensure that-- (i) information and ideas presented, and discussed in the network are-- (I) monitored with respect to the intellectual property owners and components of the information or ideas; and (II) protected in accordance with applicable Federal intellectual property law (including regulations); (ii) information and ideas developed within the network are-- (I) monitored with respect to the intellectual property components of the developers of the information or ideas; and (II) protected in accordance with applicable Federal intellectual property law (including regulations); and (iii) contributors to the network are provided adequate assurances that intellectual property rights of the contributors will be protected with respect to participation in the network; (B) setting up, maintaining, and operating a network that ensures security and reliability. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.", "summary": "Directs the Secretary of Energy to conduct a survey every five years to determine the 10 highest-priority energy-related problems to resolve to ensure the goals of: (1) maximizing U.S. energy security; (2) maximizing improvements in energy efficiency within the United States; and (3) minimizing damage to the domestic economy and the environment. Instructs the Secretary to: (1) report to Congress the survey results, including a list of the 10 highest-priority energy-related problems based on survey responses; and (2) ensure that, during the five year period beginning on the date of receipt of the report, all energy-related research and development activities of the Department of Energy (DOE) are implemented for the purpose of resolving the problems listed. Establishes the Energy Technologies Innovation Network to provide a forum through which interested parties (including scientists and entrepreneurs) can present, discuss, and collaborate with respect to information and ideas relating to energy technologies. Requires each research facility that receives federal funding to provide to the Network the results of the research conducted using that funding, regardless of whether the research relates to energy."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Literacy and Education Coordinating Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) there is substantial evidence that many Americans do not have an adequate basis for making sound decisions about personal and household finances; (2) financial education could play a critical role in equipping consumers with the knowledge to make wise decisions, especially for lower income consumers and those underserved by the mainstream financial system; (3) an increased awareness of the availability of credit scores and credit reports, the process of accessing them, their significance in obtaining credit, and their effects on credit terms, are of paramount importance to consumers; (4) easily accessible and affordable resources which inform and educate investors as to their rights and avenues of recourse should be provided when an investor believes his or her rights have been violated by unprofessional conduct of market intermediaries; (5) a basic understanding of the operation of the financial services industry would help consumers and their families to make more informed choices about how best to progress economically, avoid harmful personal debt, avoid discriminatory and predatory practices, invest wisely, develop financial planning skills necessary for maximizing short- and long-term financial well being, and better prepare for retirement; (6) comprehensive financial education would help to provide individuals with the necessary tools to create household budgets, initiate savings plans, manage debt, and make strategic investment decisions for education, retirement, home ownership, or other savings goals; and (7) improved financial decision making, not simply more knowledge, should be the primary financial education goal. SEC. 3. FINANCIAL LITERACY AND EDUCATION COORDINATING COMMITTEE. (a) Establishment.--The Secretary of the Treasury shall establish within the Office of Financial Education of the Department of the Treasury, the Financial Literacy and Education Coordinating Committee (in this Act referred to as the ``Committee''). (b) Purposes.--The purposes of the Committee shall be-- (1) to coordinate financial literacy and education efforts among Federal departments and agencies; (2) to develop and implement a national strategy to promote basic financial literacy and education among all Americans; (3) to reduce overlap and duplication in Federal financial literacy and education activities; (4) to identify the most effective types of public sector financial literacy programs and techniques, as measured by improved consumer decision making; (5) to coordinate and promote financial literacy efforts at the State and local level, including partnerships among Federal, State, and local governments, nonprofit organizations, and private enterprises; and (6) to carry out such other duties as are deemed to be appropriate, consistent with this Act. SEC. 4. COMMITTEE DUTIES. (a) In General.--The Committee shall-- (1) not later than 1 year after the date of enactment of this Act, develop a national strategy to promote basic financial literacy among all American consumers; (2) coordinate Federal efforts to implement the strategy developed under paragraph (1); (3) not later than 1 year after the date of enactment of this Act, and annually thereafter, submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives regarding actions taken and progress made by the Committee in carrying out this Act during the reporting period, and any challenges remaining to implementation of such purposes; and (4) provide testimony by the chairperson of the Committee to either Committee referred to in paragraph (3), upon request. (b) Strategy.--The strategy to promote basic financial literacy required to be developed under subsection (a)(1) shall provide for-- (1) participation by State and local governments and private, nonprofit, and public institutions in the creation and implementation of such strategy; (2) the development of methods-- (A) to increase the general financial education level of current and future consumers of financial services and products; and (B) to enhance the general understanding of financial services and products; (3) review of Federal activities designed to promote financial literacy and education and development of a plan to improve coordination of such activities; (4) the identification of areas of overlap and duplication among Federal financial literacy and education activities and proposed means of eliminating any such overlap and duplication; and (5) a proposal to the President of a Federal financial literacy and education budget that supports such strategy and eliminates funding for such areas of overlap and duplication. SEC. 5. COMMITTEE MEMBERSHIP. (a) Composition.--The Committee shall be comprised of-- (1) the Secretary of the Treasury, who shall serve as the chairperson of the Committee; and (2) a representative from-- (A) each Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act), the National Credit Union Administration, the Securities and Exchange Commission, each of the Departments of Education, Agriculture, Defense, Health and Human Services, Labor, and Veterans Affairs, the Social Security Administration, the Federal Trade Commission, the Commodity Futures Trading Commission, and the Office of Personnel Management; and (B) a representative from any other department or agency that the Secretary determines to be engaged in a serious effort to improve financial literacy and education. (b) Assistance.--The Director of the Office of Financial Education of the Department of the Treasury shall provide to the Committee, upon request, such assistance as may be necessary. (c) Member Qualifications.--Members of the Committee shall be appointed by the heads of their respective departments or agencies. Each member and each alternate designated by any member unable to attend a meeting of the Committee, shall be an individual who exercises significant decisionmaking authority. (d) Meetings.--Meetings of the Committee shall occur not less frequently than quarterly, and at the call of the chairperson. (e) Consultation.--The Committee shall consult with private and nonprofit organizations and State and local agencies, as determined appropriate by the chairperson and the Committee.", "summary": "Financial Literacy and Education Coordinating Act of 2003 - Directs the Secretary of the Treasury to establish within the Office of Financial Education of the Department of the Treasury, the Financial Literacy and Education Coordinating Committee to: (1) coordinate Federal financial literacy and education efforts; (2) develop and implement a national strategy to promote basic financial literacy and education among all Americans; (3) reduce overlap and duplication in Federal financial literacy and education activities; (4) identify the most effective types of public sector financial literacy programs and techniques, as measured by improved consumer decision making; and (5) coordinate and promote financial literacy efforts at the State and local level, including partnerships among Federal, State, and local governments, nonprofit organizations, and private enterprises."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Purchase Card Waste Elimination Act of 2006''. SEC. 2. REQUIREMENT FOR GUIDANCE. (a) Office of Management and Budget Policy Guidance.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidelines to assist the heads of executive agencies in improving the management of the use of the Governmentwide commercial purchase card for making micropurchases. The Director shall include guidelines on the following matters: (1) Analysis of purchase card expenditures to identify opportunities for achieving savings through micropurchases made in economical volumes. (2) Negotiation of discount agreements with major vendors accepting the purchase card. (3) Establishment of communication programs to ensure that purchase card holders receive information pertaining to the availability of discounts, including programs for the training of purchase card holders on the availability of discounts. (4) Assessment of cardholder purchasing practices, including use of discount agreements. (5) Collection and dissemination of best practices and successful strategies for achieving savings in micropurchases. (6) Analysis of purchase card expenditures to identify opportunities for achieving and accurately measuring fair participation of small business concerns in micro-purchases consistent with the national policy on small business participation in Federal procurements set forth in sections 2(a) and 15(g) of the Small Business Act (15 U.S.C. 631(a) and 644(g)), and dissemination of best practices for participation of small business concerns in micro-purchases. (b) General Services Administration.--The Administrator of General Services shall-- (1) continue efforts to improve reporting by financial institutions that issue the Governmentwide commercial purchase card so that the General Services Administration has the data needed to identify opportunities for achieving savings; and (2) actively pursue point-of-sale discounts with major vendors accepting the purchase card so that any Federal Government purchaser using the purchase card can benefit from such point-of-sale discounts. (c) Agency Reporting Requirement.--The senior procurement executive for each executive agency shall, as directed by the Director of the Office of Management and Budget, submit to the Director periodic reports on the actions taken in such executive agency pursuant to the guidelines issued under subsection (a). (d) Congressional Oversight.--Not later than December 31 of the year following the year in which this Act is enacted, and December 31 of each of the ensuing three years, the Director of the Office of Management and Budget shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a report summarizing the progress made during the fiscal year ending in the year in which such report is due-- (1) in improving the management of the use of the Governmentwide commercial purchase card for making micropurchases; and (2) in achieving savings in micropurchases made with such card, expressed in terms of average savings achieved by each executive agency in the use of discount agreements identified in subsection (a) and the total savings achieved Governmentwide. (e) Definitions.--In this section: (1) The term ``executive agency'' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (2) The term ``micropurchase'' means a purchase in an amount not in excess of the micropurchase threshold, as defined in section 32 of such Act (41 U.S.C. 428). SEC. 3. PAYMENTS TO FEDERAL CONTRACTORS WITH FEDERAL TAX DEBT. The General Services Administration, in conjunction with the Internal Revenue Service and the Financial Management Service, shall develop procedures to subject purchase card payments to Federal contractors to the Federal Payment Levy program. SEC. 4. REPORTING OF AIR TRAVEL BY FEDERAL GOVERNMENT EMPLOYEES. (a) Annual Reports Required.--The Administrator of the General Services shall submit annually to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a report on all first class and business class travel by employees of each executive agency undertaken at the expense of the Federal Government. (b) Content.--The reports submitted pursuant to subsection (a) shall include, at a minimum, with respect to each travel by first class or business class-- (1) the names of each traveler; (2) the date of travel; (3) the points of origination and destination; (4) the cost of the first class or business class travel; and (5) the cost difference between such travel and travel by coach class. (c) Executive Agency Defined.--In this section, the term ``executive agency'' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). Passed the Senate June 6, 2006. Attest: Secretary. 109th CONGRESS 2d Session S. 457 _______________________________________________________________________ AN ACT To require the Director of the Office of Management and Budget to issue guidance for, and provide oversight of, the management of micropurchases made with Governmentwide commercial purchase cards, and for other purposes.", "summary": "Purchase Card Waste Elimination Act of 2006 - Requires the Director of the Office of Management and Budget (OMB) to issue guidelines to assist executive agencies in improving the management of the use of the governmentwide commercial purchase card for making micropurchases. Requires such guidelines to cover an analysis of purchase card expenditures to identify opportunities for achieving and accurately measuring: (1) fair participation of small business concerns in micro-purchases, consistent with the national policy on small business participation in federal procurements set forth in the Small Business Act; and (2) dissemination of best practices for participation of small business concerns in micro-purchases. Requires the Administrator of General Services (GSA) to continue efforts to improve reporting by financial institutions that issue such a card so that GSA has the data needed to: (1) identify opportunities for achieving savings; and (2) actively pursue point-of-sale discounts with major vendors accepting it so that any federal government purchaser using it can benefit from such discounts. Requires the senior procurement executive for each executive agency, as directed by OMB, to report periodically to OMB on the actions taken in the agency pursuant to the guidelines. Requires OMB to report annually to specified congressional committees on the progress made in: (1) improving management of the use of the purchase card; and (2) achieving certain savings in micropurchases made with it. Requires GSA, in conjunction with the Internal Revenue Service (IRS) and the Financial Management Service, to develop procedures to subject to the Federal Payment Levy program any purchase card payments to federal contractors. Requires GSA to report annually to specified congressional committees on all first class and business class travel by executive agency employees undertaken at federal expense."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Adolescent Smoking Without Excessive Bureaucracy Act of 2008''. SEC. 2. YOUTH COMPLIANCE TARGET AND ENFORCEMENT. (a) Amendment.--Section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) is amended to read as follows: ``SEC. 1926. STRENGTHENING STATE LAWS RELATING TO TOBACCO PRODUCT SALES TO INDIVIDUALS UNDER THE AGE OF 18. ``(a) Relevant Law.-- ``(1) In general.--Subject to paragraph (2), for fiscal year 2010 and subsequent fiscal years, the Secretary may make a grant under section 1921 only if the State involved has in effect a law providing that-- ``(A) it is unlawful for any manufacturer, retailer, or distributor of tobacco products to sell or distribute any such product to any individual under 18 years of age; ``(B) it is unlawful for an individual under 18 years of age-- ``(i) to purchase or attempt to purchase, or receive or attempt to receive, a tobacco product; or ``(ii) to possess or attempt to possess a tobacco product in a public place; ``(C) a law enforcement agency, upon determining that an individual under 18 years of age allegedly purchased or received a tobacco product, or allegedly possessed a tobacco product in a public place, shall notify the individual's parent or parents, custodian, or guardian (if the name and address of a parent, guardian, or custodian is reasonably ascertainable); ``(D) within 180 days after the effective date of such State law, any person engaged in the business of distributing tobacco products at retail shall implement a program-- ``(i) to notify each employee employed by that person who distributes tobacco products that State law prohibits the sale or distribution of tobacco products to any individual under 18 years of age and the purchase or receipt, or possession in a public place, of tobacco products by any such individual; and ``(ii) to ensure compliance with such law; ``(E) an employer shall not be in violation of the prohibition described in subparagraph (A) if such employer-- ``(i) relies upon proof of age that appeared on its face to be valid; or ``(ii) implements a program in accordance with subparagraph (D); and ``(F) an individual who violates the prohibition described in subparagraph (B) may be liable for a civil monetary penalty and may be required to perform community service. ``(2) Delayed applicability for certain states.--In the case of a State whose legislature does not convene a regular session in fiscal year 2010, and in the case of a State whose legislature does not convene a regular session in fiscal year 2011, the requirement described in paragraph (1) as a condition of a receipt of a grant under section 1921 shall apply only for fiscal year 2012 and subsequent fiscal years. ``(b) State Goals for Noncompliance.--Beginning with respect to the first applicable fiscal year, a funding agreement for a grant under section 1921 is that the State involved has established goals for reducing the rate of retailer violations of the law described in subsection (a), as determined through annual, random, unannounced inspections described in subsection (c)(2)(A), so that the rate of such violations relative to the number of inspections does not exceed the following: ``(1) 20 percent during fiscal year 2010. ``(2) 19 percent during fiscal year 2011. ``(3) 18 percent during fiscal year 2012. ``(4) 17 percent during fiscal year 2013. ``(5) 16 percent during fiscal year 2014. ``(6) 15 percent during fiscal year 2015. ``(7) 14 percent during fiscal year 2016. ``(8) 13 percent during fiscal year 2017. ``(9) 12 percent during fiscal year 2018. ``(10) 11 percent during fiscal year 2019. ``(11) 10 percent during fiscal year 2020 and each subsequent year. ``(c) Enforcement.-- ``(1) In general.--A funding agreement for a grant under section 1921 is that the State involved will enforce the law described in subsection (a) in a manner that can reasonably be expected to achieve the goals established pursuant to subsection (b) and reduce the extent to which tobacco products are available to individuals under 18 years of age. ``(2) Activities and reports regarding enforcement.--A funding agreement for a grant under section 1921 is that the State involved will-- ``(A) annually conduct random, unannounced inspections to ensure compliance with the law described in subsection (a); and ``(B) annually submit to the Secretary a report describing-- ``(i) the activities carried out by the State to enforce such law during the fiscal year preceding the fiscal year for which the State is seeking the grant; ``(ii) the extent of success the State has achieved in meeting the goals established pursuant to subsection (b) and in reducing the availability of tobacco products to individuals under 18 years of age; and ``(iii) the strategies to be utilized by the State for enforcing such law during the fiscal year for which the grant is sought. ``(3) Use of individuals under 18 years of age in inspections.--A funding agreement for a grant under section 1921 is that the State may engage an individual under 18 years of age to test compliance with the law described in subsection (a) only if-- ``(A) the testing is conducted with the written consent of a parent or legal guardian of such individual; and ``(B) such individual acts under the direct supervision of the State during a random, unannounced inspection. ``(d) Use of State Settlement Proceeds.--A funding agreement for a grant under section 1921 is that the State involved certifies to the Secretary that, with respect to the calendar year preceding the year in which the State is applying for such a grant, the State expended more than 10 percent of the funds paid to the State for such calendar year as part of the comprehensive settlement of November 1998 (as referred to in section 1903(d)(3)(B)(i) of the Social Security Act) on health programs, tobacco control and cessation activities, or economic development for tobacco regions. ``(e) Noncompliance of State.-- ``(1) Determination by secretary.--Before making a grant under section 1921 to a State for any fiscal year, the Secretary shall make a determination of whether the State has maintained compliance with subsections (a), (b), (c), and (d). ``(2) Reduction of allotment.--Beginning with respect to the first applicable fiscal year, if, after notice to the State and an opportunity for a hearing, the Secretary determines that the State is not in compliance with any of subsections (a), (b), or (c), the Secretary shall reduce the amount of the allotment under section 1921 for the State for the fiscal year involved by an amount equal to-- ``(A) in the case of fiscal year 2010, 10 percent of the amount determined under section 1933 for the State for the fiscal year; ``(B) in the case of fiscal year 2011, 20 percent of the amount determined under section 1933 for the State for the fiscal year; ``(C) in the case of fiscal year 2012, 30 percent of the amount determined under section 1933 for the State for the fiscal year; and ``(D) in the case of fiscal year 2013 or any subsequent fiscal year, 40 percent of the amount determined under section 1933 for the State for the fiscal year. ``(3) Additional reduction.--Beginning with respect to the first applicable fiscal year, if the Secretary determines under paragraph (1) that the State is not in compliance with any of subsections (a), (b), or (c), and is not in compliance with subsection (d), the Secretary may reduce the amount of the allotment under section 1921 for the State for the fiscal year involved by an amount equal to 10 percent of the amount determined under section 1933 for the State for such fiscal year. Such reduction shall be in addition to the reduction under paragraph (2). ``(f) Assistance in Implementing Programs.--In order to assist States in establishing and implementing State laws described in subsection (a), the Secretary shall-- ``(1) develop not later than January 1, 2009, and subsequently revise as appropriate, model legislative language; and ``(2) provide technical assistance and guidance in developing, enacting, and implementing such laws and in setting goals pursuant to subsection (b). ``(g) Definition.--In this section, the term `first applicable fiscal year' means-- ``(1) fiscal year 2012, in the case of any State described in subsection (a)(2); and ``(2) fiscal year 2010, in the case of any other State.''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply with respect to the first applicable fiscal year and each subsequent fiscal year. The provisions of section 1926 of the Public Health Service Act (42 U.S.C. 300x-26), as in effect on the day before the date of the enactment of this Act, shall apply with respect to fiscal years preceding the first applicable fiscal year. (2) Definition.--In this subsection, the term ``first applicable fiscal year'' has the meaning given such term in subsection (g) of section 1926 of the Public Health Service Act (42 U.S.C. 300x-26), as amended by subsection (a) of this section. SEC. 3. PUBLIC DISCLOSURE OF INGREDIENTS. Section 7 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1335a) is amended-- (1) in subsection (a), by striking ``the company which uses the ingredients or''; and (2) by amending subsection (b)(2) to read as follows: ``(2) The Secretary shall make any information provided under this section accessible to the public on the Internet not later than 48 hours after receipt by the Secretary.''.", "summary": "Stop Adolescent Smoking Without Excessive Bureaucracy Act of 2008 - Amends the Public Health Service Act to set forth conditions for the receipt by states of federal substance abuse prevention and treatment grants. Requires such states to: (1) prohibit a minor from purchasing or receiving a tobacco product or possessing a tobacco product in a public place; and (2) require law enforcement agencies to notify a minor's parent, custodian, or guardian whose name and address is reasonably ascertainable of any such violation. Requires such states to require any person engaged in the business of distributing tobacco products at retail to implement a program to: (1) notify its employees that state law prohibits the sale or distribution of tobacco products to minors and the purchase, receipt, or possession in a public place of a tobacco product by a minor; and (2) ensure compliance with such law. Directs such states to provide for a civil monetary penalty or community service for violations. Requires such states to have established goals for reducing the rate of retailer violations. Allows states to use minors to test compliance under certain conditions. Directs such states to certify expenditure of more than 10% of the funds paid to the state as part of the comprehensive settlement of November 1998 against tobacco manufacturers on health programs, tobacco control and cessation activities, or economic development for tobacco regions. Requires the Secretary of Health and Human Services to provide assistance to states in developing, enacting, and implementing such laws and in setting goals, including by developing model legislative language."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nation Building Here at Home Act of 2017''. SEC. 2. TRANSFORMATIONAL INFRASTRUCTURE COMPETITIVE GRANT PROGRAM. (a) Establishment.--Not later than 270 days after the date of enactment of this Act, the Secretary of Transportation shall establish a transformational infrastructure competitive grant program. (b) Grant Authority.--In carrying out the program established under subsection (a), the Secretary may make a grant, on a competitive basis, to any of the following: (1) A State government. (2) A local government. (3) A transit agency. (4) A port authority. (c) Eligible Projects.-- (1) In general.--A grant made under subsection (b) may be used for any of the following, if the Secretary determines that the project will significantly impact a metropolitan area, a region, or all of the United States: (A) A highway or bridge project eligible under title 23, United States Code, including interstate rehabilitation, improvements to the rural collector road system, the reconstruction of overpasses and interchanges, bridge replacements, bridge painting, seismic retrofit projects for bridges, and road realignments. (B) A public transportation project eligible under chapter 53 of title 49, United States Code, including investment in a project participating in the New Starts or Small Starts programs that will expedite the completion of that project and its entry into revenue service. (C) A passenger or freight rail transportation project. (D) A port infrastructure investment, including a project that connects ports to other modes of transportation and improves the efficiency of freight movement. (E) An aviation infrastructure project. (F) A water infrastructure project. (2) Coordination.--With respect to a project described in paragraph (1)(F), the Secretary shall coordinate any grant for such a project with the Administrator of the Environmental Protection Agency and the Secretary of the Army (acting through the Chief of Engineers). (d) Applications and Criteria for Grant Awards.-- (1) Applications.--To be eligible for a grant made under subsection (b), an entity described in paragraph (1), (2), (3), or (4) of that subsection shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate. (2) Criteria for grant awards.--Not later than 90 days after the date of enactment of this Act, the Secretary shall issue regulations specifying the criteria that the Secretary will use to make grants on a competitive basis under subsection (b). (3) Financial commitments.--The criteria specified by the Secretary under paragraph (2) shall include criteria for the consideration of-- (A) whether there are financial commitments in place with respect to a proposed project; (B) the degree of certainty with respect to such financial commitments; and (C) whether such financial commitments are from non-Federal sources. (e) Federal Share.--The Federal share of the cost of a project assisted with a grant made under subsection (b) may not exceed 100 percent of that cost. (f) Considerations.--In making grants under subsection (b), the Secretary shall ensure, to the extent practicable, that the grants-- (1) are distributed geographically in an equitable manner; (2) address the needs of both urban and rural areas appropriately; (3) promote the training and employment of veterans, including by having applicable contractors provide to veterans a preference during the hiring and referral of laborers; (4) are utilized in a manner that ensures an appropriate percentage of grant amounts are expended through small business concerns owned and controlled by socially and economically disadvantaged individuals (as determined by the Secretary); and (5) promote the utilization of participants in a registered apprenticeship program, including by providing a preference to proposed projects that incorporate such utilization. (g) Applicability of Title 40.--Each project conducted using funds provided with a grant made under subsection (b) shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code. (h) Buy America.-- (1) In general.--None of the funds made available for a project under this Act may be used for the project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (2) Exceptions.--Paragraph (1) shall not apply in any case or category of cases in which the Secretary finds that-- (A) applying paragraph (1) would be inconsistent with the public interest; (B) iron, steel, or the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality; or (C) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (3) Justifications.--If the Secretary determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the Secretary shall publish in the Federal Register a detailed justification for the waiver. (4) International agreements.--This subsection shall be applied in a manner consistent with United States obligations under international agreements. (i) Transparency and Accountability.--In carrying out the program established under subsection (a), the Secretary shall-- (1) take actions to ensure that grants made under subsection (b) are utilized as expeditiously and efficiently as possible; (2) make available to the public, on an appropriate Web site of the Department of Transportation, information on each grant made under subsection (b); and (3) submit to Congress, not later than 1 year after the first grant is made under subsection (b), and annually thereafter, information on grants made under subsection (b), including the progress made on projects funded by such grants. (j) Environmental Streamlining.--The Secretary shall coordinate, to the maximum extent practicable, with relevant Federal departments and agencies to ensure that environmental reviews are conducted in a manner that facilitates the accelerated delivery of projects for which a grant is made under this section. (k) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary to make grants under the program established under subsection (a) $1,263,000,000,000, in the aggregate, for fiscal years 2018 through 2022. (2) Eligible project use.--From the amounts made available under paragraph (1), the Secretary shall use-- (A) 85 percent of the amounts to make grants for projects described in subparagraph (A), (B), or (C) of subsection (c)(1); (B) 2 percent of the amounts to make grants for projects described in subparagraph (D) of subsection (c)(1); (C) 4 percent of the amounts to make grants for projects described in subparagraph (E) of subsection (c)(1); and (D) 9 percent of the amounts to make grants for projects described in subparagraph (F) of subsection (c)(1). SEC. 3. NATION BUILDING HERE AT HOME FINANCING INITIATIVE. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall establish a Nation Building Here at Home Financing Initiative in accordance with this section. (b) Authority To Issue Bonds.--In carrying out the initiative established under subsection (a), the Secretary of the Treasury may issue bonds. The aggregate face amount of bonds issued under this subsection may not exceed $300,000,000,000. (c) Characteristics of Bonds.--Bonds issued under subsection (b) shall be issued in such amounts, bear such rates of interest, and be subject to such terms and conditions as the Secretary of the Treasury may prescribe. (d) Use of Bond Proceeds.--The Secretary of the Treasury shall make available to the Secretary of Transportation the proceeds resulting from bonds issued under subsection (b). The Secretary of Transportation may use such proceeds only to carry out the program established under section 2(a) of this Act. SEC. 4. REPORT. Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a comprehensive report describing the transportation needs of the United States for each of the following: (1) The 20-year period beginning on the date of enactment of this Act. (2) The 30-year period beginning after the period described in paragraph (1). (3) The 50-year period beginning after the period described in paragraph (2).", "summary": "Nation Building Here at Home Act of 2017 This bill directs the Department of Transportation (DOT) to establish a transformational infrastructure competitive grant program to award grants to state and local governments, transit agencies, and port authorities for certain public transportation projects (including water infrastructure projects) that will significantly impact a metropolitan area, a region, or all of the United States. The federal share of project costs is 100%. The iron, steel, and manufactured goods used in projects funded under this bill must have been produced in the United States, except in specified circumstances. DOT shall coordinate with relevant federal departments and agencies to ensure that environmental reviews are made in a manner that accelerates delivery of such projects. The Department of the Treasury shall establish a Nation Building Here at Home Financing Initiative."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Humanitarian Assistance Facilitation Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The 2011-2012 drought in East Africa, part of a persistent weather trend in the region, was exacerbated by stagnating agricultural development and unsustainable forms of livelihood. Moreover, in Somalia, the hardest hit country in the region, the terrorist group al-Shabaab obstructed the delivery of humanitarian assistance and directly threatened aid agencies. Thus, the famine was a foreseeable and, with unimpeded delivery of aid, a preventable event. (2) It is estimated that 4 million Somalis were affected by the drought and famine in the region and several million remain vulnerable to this day. According to the May 2013 report issued by the United Nations Food and Agriculture Organization and the Famine Early Warning System Network, the Somalia famine resulted in 258,000 deaths between October 2010 and April 2012. More than half of those deaths were children under the age of five. (3) Because of laws prohibiting activities that may directly or indirectly support terrorist organizations, a general or specific license issued by the Department of the Treasury's Office of Foreign Assets Control (OFAC) is needed to enable United States humanitarian organizations to legally provide assistance in al-Shabaab-controlled areas of Somalia particularly with respect to activities that require interactions or dealings with al-Shabaab. (4) The United States Agency for International Development (USAID) has an OFAC-specific license to operate in these conditions in Somalia that covers the organizations that USAID funds, but not organizations that operate with their own funding or funding solely from non-United States Government sources, and also not the non-United States Government funding of organizations that operate with both United States Government and non-United States Government funding, unless USAID authorizes both types of funding to be covered under such OFAC-specific license. Organizations that operate in al- Shabaab-controlled areas without such a license can be subject to prosecution for violating United States law, at least with respect to activities or transactions that involve al-Shabaab, even incidentally. (5) Prior to OFAC issuing USAID its license, no licenses for humanitarian assistance to the people of Somalia were issued before the United Nations declared a famine in al- Shabaab-controlled areas of Somalia. (6) In pursuit of eliminating aid in any form to terrorist organizations, Executive orders have had the effect of undoing protections for humanitarian operations in areas controlled by such organizations previously contained in the International Emergency Economic Powers Act (50 U.S.C.1701 et seq.) and sections 2339A and 2339B of title 18, United States Code (commonly known as the ``Material Support Statutes''). Furthermore, the prohibitions contained in such Executive orders and the Material Support Statutes discouraged and, in some instances, prohibited donors from contributing to aid efforts for all of Somalia. In some cases, the unintended consequences included preventing humanitarian organizations from establishing access to civilians and providing them with life-saving aid, while empowering terrorist organizations that became the sole conduit of aid. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that humanitarian organizations, acting in good faith and with the appropriate restrictions and controls in place, should not be prevented, directly or indirectly by Executive orders or counterterrorism laws, from accessing and providing aid to civilian populations before or early on in humanitarian crises, such as in the famine in al-Shabaab-controlled areas of Somalia. SEC. 4. AMENDMENTS TO SECTION 203 OF THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT. (a) Additional Exception.-- (1) In general.--Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) is amended-- (A) in subsection (b)(2)-- (i) by inserting after ``to relieve human suffering'' the following: ``including donations to foreign persons subject to sanctions under this Act in order to achieve such purposes,''; and (ii) by striking ``or'' at the end; (B) by redesignating subsection (c) as subsection (d); and (C) by inserting after subsection (b) the following: ``(c) Additional Exception.-- ``(1) In general.--The authority granted to the President by this section does not include the authority to further restrict, by regulation or otherwise, directly or indirectly-- ``(A) transactions, by a person subject to the jurisdiction of the United States, with a foreign person that is subject to sanctions under this Act that are customary, necessary, and incidental to the donation or provision of goods or services by the person subject to the jurisdiction of the United States or its foreign representatives to civilian populations to prevent or alleviate the suffering of such civilian populations, if-- ``(i) the person subject to the jurisdiction of the United States has acted in good faith without intent to further the aims or objectives of the foreign person and has used its best efforts to minimize any such transactions; ``(ii) the goods or services provided to the civilian population-- ``(I) are limited to articles such as food, clothing, and medicine; and ``(II) are not capable of being used to carry out any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))); ``(iii) the person subject to the jurisdiction of the United States-- ``(I) prior to, or not later than 10 business days after, the first instance of entering into any transaction described in this subparagraph, provides to the Secretary of State initial notice summarizing the nature and extent of its operations in connection with providing such goods or services; and ``(II) at least once each year during which the person enters into any transaction described in this subparagraph, provides to the Secretary of State subsequent notice summarizing the nature and extent of its operations in connection with donating or providing such goods or services; and ``(iv) the person, including any director, officer, or employee of the person, is not the subject of or directly named in any publicly- available debarment, suspension, or Executive order that prohibits receipt of funding from the United States Government; and ``(B) engaging in any speech or communication with a foreign person that is subject to sanctions under this Act to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population. ``(2) Rule of construction.--Nothing contained in paragraph (1) shall be construed to authorize the President to prohibit the export of standard, commercially-available goods or services, including communications equipment, software and computers, that are necessary to carry out operations related to the provision of goods or services to prevent or alleviate the suffering of civilian populations that are under the control of a foreign person subject to sanctions under this Act.''. (2) Effective date.--The amendments made by paragraph (1) take effect on the date of enactment of this Act and apply with respect to transactions described in section 203(c)(1) of the International Emergency Economic Powers Act, as added by paragraph (1), entered into on or after such date of enactment. (b) Advisory Council To Prevent and Alleviate Human Suffering in Areas Under the Control of Certain Sanctioned Foreign Persons.--Section 203 of the International Emergency Economic Powers Act (50 U.S.C.1702), as amended by subsection (a) of this section, is further amended by adding at the end the following: ``(e) Advisory Council To Prevent and Respond to Human Suffering in Areas Affected by Certain Sanctioned Foreign Persons.-- ``(1) Establishment.--No later than 90 days after the date of enactment of the Humanitarian Assistance Facilitation Act of 2013, the Secretary of State shall, in consultation with the Attorney General, Secretary of Defense, Secretary of the Treasury and the Secretary of Commerce, establish an Advisory Council on United States Policy Related to Non-Governmental Activities to Prevent and Respond to Human Suffering in Areas Affected By Certain Sanctioned Foreign Persons (hereafter in this subsection referred to as the `Advisory Council'). ``(2) Membership.--The Advisory Council shall be composed of not less than 15 members appointed by the Secretary of State from among individuals who are experts in the fields of peace- building, humanitarian aid in areas of armed conflict, representatives from organizations directly involved in the delivery of aid in areas of armed conflict, and other experts with relevant expertise as determined by the Secretary of State. ``(3) Duties.--The Advisory Council shall-- ``(A) review existing laws, regulations, Executive orders, and administrative actions regulating or prohibiting, directly or indirectly, peacebuilding activities and the provision of humanitarian aid and development assistance in areas under the control of foreign persons that are subject to sanctions under United States law; ``(B) conduct additional research and study as necessary on the subjects of counter-terrorism and security measures in relation to the delivery of humanitarian aid and development assistance; ``(C) report to the Secretary of State on its findings; and ``(D) make recommendations to the Secretary of State and other officials described in paragraph (1) (as appropriate) on the most efficient and effective means of limiting diversion of humanitarian aid and development assistance while also preserving the impartiality of humanitarian aid and development assistance and the ability of humanitarian organizations to prevent and relieve human suffering of civilian populations. ``(4) Termination.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) (relating to termination of advisory committees) shall not apply to the Advisory Council.''. SEC. 5. AMENDMENTS TO SECTION 2339B OF TITLE 18, UNITED STATES CODE. (a) Definition of Material Support or Resources.--Section 2339B(g)(4) of title 18, United States Code, is amended by adding at the end before the semicolon the following: ``, except that such term does not include engaging in speech or communication with a terrorist organization to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population''. (b) Additional Exception.--Section 2339B(j) of title 18, United States Code, is amended-- (1) by striking ``No person'' and inserting the following: ``(1) In general.--No person''; and (2) by adding at the end the following: ``(2) Additional exception.--No person may be prosecuted under this section in connection with knowingly providing `material support or resources' to a foreign terrorist organization, or attempting or conspiring to do so, if-- ``(A) the material support or resources consists only of transactions that are customary, necessary, and incidental to the donation or provision of goods or services by persons who are not controlled by the foreign terrorist organization to civilian populations, if-- ``(i) the goods or services are limited articles such as food, clothing, and medicine intended to be used to relieve human suffering; and ``(ii) the goods or services are not capable of being used to carry out any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))); ``(B) the person, in donating or providing such goods or services to the civilian population, acts in good faith without intent to further the aims or objectives of the foreign terrorist organization and uses its best efforts to minimize any transaction with a foreign terrorist organization; ``(C) the person-- ``(i) prior to, or not later than 10 business days after, the first instance of entering into any transaction described in subparagraph (A), provides to the Secretary of State notice summarizing the nature and extent of its operations in connection with providing such goods or services; and ``(ii) at least once each year during which the person enters into any transaction described in subparagraph (A), provides to the Secretary of State notice summarizing the nature and extent of its operations in connection with providing such goods or services; and ``(D) the person donating or providing such goods or services, including any director, officer, or employee of the person is not the subject of or directly named in any publicly-available debarment, suspension, or Executive order that prohibits receipt of funding from the Federal Government.''. (3) Effective date.--The amendments made by paragraphs (1) and (2) take effect on the date of enactment of this Act and apply with respect to transactions described in section 2339B(j)(2) of title 18, United States Code, as added by paragraph (2), entered into on or after such date of enactment.", "summary": "Humanitarian Assistance Facilitation Act of 2013 - Expresses the sense of Congress that humanitarian organizations acting in good faith and with the appropriate restrictions and controls in place should not be prevented from providing aid to civilian populations before or early on in humanitarian crises, such as in the famine in al-Shabaab-controlled areas of Somalia. Amends the International Emergency Economic Powers Act to permit under specified conditions persons subject to U.S. jurisdiction to enter into transactions with certain sanctioned foreign persons that are customary, necessary, and incidental to the donation or provision of goods or services to prevent or alleviate the suffering of civilian populations. Directs the Secretary of State to establish an Advisory Council on United States Policy Related to Non-Governmental Activities to Prevent and Respond to Human Suffering in Areas Affected By Certain Sanctioned Foreign Persons. Amends the federal criminal code to exclude from the definition of "material support or resources" (regarding foreign terrorist organizations) engaging in speech or communication with a terrorist organization to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``Child Protection Compact Act of 2011''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The use of children for commercial sexual exploitation is a global phenomenon. Human trafficking affects millions of children worldwide. (2) Many countries with a high prevalence of trafficking in children lack financial resources, legal expertise, technical capacity, and other resources to appropriately protect and rescue these children, despite a demonstrated political will to do so. (3) The Department of State's Office to Monitor and Combat Trafficking in Persons placed 132 countries, out of 175 countries ranked, on Tier 2 or Tier 2 Watch List in its 2010 Trafficking in Persons report. (4) As a party to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (the ``Palermo Protocol''), the United States has pledged to establish policies and programs to prevent and combat trafficking in persons and to protect victims of trafficking from revictimization and to share information, as appropriate, with law enforcement, immigration and other relevant authorities of other states parties with a view to combating trafficking in persons. (b) Declaration of Purpose.--The purpose of this Act is to provide incentives to Tier 2 countries and Tier 2 Watch List countries to protect and rescue children subjected to severe forms of trafficking in persons through the establishment of Child Protection Compacts between the United States and select, eligible countries with a significant prevalence of trafficking in children, in order to-- (1) address institutional weaknesses within the government that result in the failure to protect vulnerable children and to rescue and properly rehabilitate victims; (2) increase local government capacity to apprehend perpetrators who engage in severe forms of trafficking in children and bring perpetrators to justice in national courts of law; and (3) ensure transparency and accountability in achieving the goals stipulated in the Compact over the course of its three- year implementation. SEC. 3. DEFINITIONS. In this Act: (1) Ambassador.--The term ``Ambassador'' means the Ambassador-at-Large of the Department of State's Office to Monitor and Combat Trafficking in Persons. (2) Appropriate congressional committees.--Except as otherwise provided, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (3) Child protection.--The term ``child protection'' means efforts to prevent and respond to violence, exploitation, and abuse against children. (4) Compact.--The term ``Child Protection Compact'' or ``Compact'' means a Child Protection Compact described in section 6. (5) Minor.--The term ``minor'' means an individual who has not attained the age of 18 years. (6) National action plan for trafficking.--The term ``national action plan for trafficking'' means any strategy or long-term plan created by a national government that defines specific goals to-- (A) reduce the number of trafficking victims; (B) increase the number of prosecutions of traffickers; and (C) ensure proper mechanisms to rehabilitate and reintegrate survivors of human trafficking. (7) National child protection strategy.--The term ``national child protection strategy'' means any plan developed by a national government in consultation with multilateral bodies or nongovernmental organizations, including a plan derived from a preexisting process or created as part of a Child Protection Compact, that outlines-- (A) short-term and long-term goals for improving child protection and preventing child exploitation within a country; (B) the government ministries responsible for implementation of the plan; and (C) how coordination will take place between implementing ministries. (8) Secretary.--The term ``Secretary'' means the Secretary of State. (9) Severe forms of trafficking.--The term ``severe forms of trafficking in persons'' means-- (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (10) Tier 2 countries and tier 2 watch list countries.--The terms ``Tier 2 countries'' and ``Tier 2 Watch List countries'' mean those countries that the Secretary of State has listed pursuant to section 110(b)(1)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)(B)) as countries to which the minimum standards set forth in section 108 of that Act are applicable and whose governments do not fully comply with such standards but are making significant efforts to do so. SEC. 4. AUTHORIZATION OF ASSISTANCE. (a) Assistance.--Subject to subsection (b), the Secretary is authorized to provide assistance under this section for each country that enters into a Compact with the United States pursuant to section 6 to support policies and programs that assist the country to eradicate severe forms of trafficking of children and are in furtherance of the purposes of this Act. (b) Avoidance of Duplication of Efforts.--To avoid duplication of efforts, the Secretary shall exercise the authority of subsection (a) only in coordination with the Administrator of the United States Agency for International Development, the Attorney General, and the Secretary of Labor. (c) Form of Assistance.--Assistance under this section may be provided in the form of grants, cooperative agreements, or contracts to or with eligible entities described in subsection (d). Assistance under this section may not be provided in the form of loans. (d) Eligible Entities.--An eligible entity referred to in subsection (c) is-- (1) the national government of the eligible country; (2) regional or local governmental units of the country; or (3) a nongovernmental organization or a private entity with expertise in the protection of vulnerable children, the investigation and prosecution of those who engage in or benefit from child trafficking, or rescue of child victims of trafficking. (e) Number and Amount of Compacts.--Subject to the availability of appropriations, the Secretary shall determine the number of Compacts based on the established need of the countries determined to be most eligible based on the criteria described in section 5. The amount of any single Compact shall not exceed a total of $15,000,000. (f) Annual Disbursements.--Disbursements shall be made to the eligible entities on an annual basis pursuant to the terms of the respective Compacts. SEC. 5. ELIGIBLE COUNTRIES. (a) Determination by the Secretary.--The Secretary, acting through the Office to Monitor and Combat Trafficking in Persons, shall work in consultation with the Bureau of Democracy, Human Rights, and Labor and the Department of Labor's Bureau of International Labor Affairs, and the relevant offices at the Department of Justice and the United States Agency for International Development, to select a country for purposes of entering into a Compact based on whether the country meets the initial criteria listed in subsection (b) and the selection criteria listed in subsection (c). The determination pursuant to subsection (c) shall be based, to the maximum extent possible, upon objective, documented, and quantifiable indicators. (b) Initial Criteria.-- (1) In general.--A country may be considered for a Compact if-- (A) the country is eligible for assistance from the International Development Association, and the per capita income of the country is equal to or less than the historical ceiling of the International Development Association; (B) subject to paragraph (2), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law; and (C) the country is a Tier 2 country or Tier 2 Watch List country. (2) Rule of construction.--For the purposes of determining whether a country is eligible for receiving assistance under paragraph (1), the exercise by the President, the Secretary of State, or any other officer or employee of the United States of any waiver or suspension of any provision of law referred to in such paragraph, and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirement of such paragraph. (c) Selection Criteria.--A country should be selected for purposes of entering into a Compact on the basis of-- (1) a documented high prevalence of trafficking of children within the country; and (2) demonstrated political will and sustained commitment by the government to undertake meaningful measures to address severe forms of trafficking of children, including-- (A) enactment and enforcement of laws criminalizing trafficking in children with punishments commensurate with the crime, including, when necessary, against complicit government officials; (B) cooperation with local and international non- governmental organizations with demonstrated expertise in combating trafficking in children; and (C) the treatment of child trafficking victims in accordance with Article 6(3) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. SEC. 6. CHILD PROTECTION COMPACTS. (a) Compact.--The Secretary, acting through the Ambassador, may provide assistance for a country under this Act only if the country enters into an agreement with the United States, to be known as a ``Child Protection Compact'', that establishes a 3-year plan for achieving shared objectives in furtherance of the purposes of this Act. (b) Elements.--The Compact should take into account, if applicable, existing national child protection strategies and national action plans for human trafficking of the country and shall contain-- (1) the specific objectives that the country and the United States expect to achieve during the term of the Compact; (2) the responsibilities of the country and the United States in the achievement of such objectives; (3) the particular programs or initiatives to be undertaken in the achievement of such objectives and the amount of funding to be allocated to each program or initiative; (4) regular outcome indicators to monitor and measure progress toward achieving such objectives, including indicators for each program or initiative; (5) a multi-year financial plan, including the estimated amount of contributions by the United States and the country, if any, and proposed mechanisms to implement the plan and provide oversight, that describes how the requirements of paragraphs (1) through (4) will be met, including identifying the role of civil society in the achievement of such requirements; (6) where appropriate, a process or processes for consideration of solicited proposals under the Compact as well as a process for consideration of unsolicited proposals by the Secretary and national, regional, or local units of government; (7) the strategy of the country to sustain progress made toward achieving such objectives after expiration of the Compact; and (8) a list of civil society and nonprofit organizations that the government will partner or consult with to develop and sustain the child protection and prosecution capacity in the country. (c) Assistance for Development of Compact.--Notwithstanding subsection (a), the Secretary may enter into contracts or make grants for any eligible country for the purpose of facilitating the development and implementation of the Compact between the United States and the country. (d) Definition of Program or Initiative.--In this section, the term ``program or initiative'' may include the following: (1) Evaluation of legal standards and practices and recommendations for improvements that will increase the likelihood of successful prosecutions. (2) Training anti-trafficking police and investigators. (3) Building the capacity of domestic non-governmental organizations to educate vulnerable populations about the danger of severe forms of trafficking and to work with law enforcement to identify and rescue victims. (4) Creation of victim-friendly courts. (5) Development of appropriate after-care facilities for rescued victims or other rehabilitation and reintegration services for children, which may include education, vocational training, and psychosocial counseling, as appropriate. (6) Development and maintenance of data collection systems to monitor victims. (7) Development of regional cooperative plans with neighboring countries to prevent cross-border trafficking of children and child sex tourism. (8) Development of programs and practices that address demand, including educational curricula, social marketing campaigns, and specific law enforcement activities targeting demand. SEC. 7. SUSPENSION AND TERMINATION OF ASSISTANCE. (a) Suspension and Termination of Assistance.--The Secretary may suspend or terminate assistance in whole or in part for a country or entity under section 4 if the Secretary determines that-- (1) the country or entity is engaged in activities which are contrary to the national security interests of the United States; (2) the country or entity has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the country or entity, as the case may be; or (3) the country or entity has failed to adhere to its responsibilities under the Compact. (b) Reinstatement.--The Secretary may reinstate assistance for a country or entity under section 4 only if the Secretary determines that the country or entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under subsection (a). (c) Congressional Notification.--Not later than 3 days after the date on which the Secretary suspends or terminates assistance under subsection (a) for a country or entity, or reinstates assistance under subsection (b) for a country or entity, the Secretary shall submit to the appropriate congressional committees a report that contains the determination of the Secretary under subsection (a) or subsection (b), as the case may be. SEC. 8. CONGRESSIONAL NOTIFICATION AND ANNUAL REPORT. (a) Congressional Consultation Prior to Compact Negotiations.--Not later than 15 days prior to the start of negotiations of a Compact with a country, the Secretary-- (1) shall consult with the appropriate congressional committees with respect to the proposed Compact negotiation; and (2) shall identify the objectives and mechanisms to be used for the negotiation of the Compact. (b) Congressional Notification After Entering Into a Compact.--Not later than 10 days after entry into force of a Compact with a country, the Secretary shall provide notification of the Compact to the appropriate congressional committees, including a detailed summary of the Compact and a copy of the text of the Compact. (c) Annual Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the next 5 years, the President shall transmit to the appropriate congressional committees a report on the assistance provided under section 4 during the prior fiscal year. (2) Matters to be included.--The report shall include the following: (A) The amount of obligations and expenditures for assistance provided to each eligible country during the prior fiscal year. (B) For each country, an assessment of-- (i) the progress made during each year by the country toward achieving the objectives set out in the Compact entered into by the country; and (ii) the extent to which assistance provided under section 4 has been effective in helping the country to achieve such objectives. SEC. 9. SENSE OF CONGRESS. It is the sense of Congress that, of the total amounts to be appropriated for fiscal years 2012 through 2014 for the Department of State and foreign operations, up to $30,000,000 should be used to carry out the purposes of this Act.", "summary": "Child Protection Compact Act of 2011 - Authorizes the Secretary of State, through the Ambassador-at-Large of the Department of State's Office to Monitor and Combat Trafficking in Persons, to provide assistance (grants, cooperative agreements, or contracts) for an eligible country with a significant prevalence of trafficking in children that enters into a Child Protection Compact with the United States to support policies and programs to eradicate the trafficking of children."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Alisa's Law of 2014''. SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED DRIVING. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 171. Use of ignition interlock devices to prevent repeat intoxicated driving ``(a) Definitions.--In this section: ``(1) Alcohol concentration.--The term `alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. ``(2) Driving while intoxicated; driving under the influence.--The terms `driving while intoxicated' and `driving under the influence' mean driving or being in actual physical control of a motor vehicle in a State while having a blood alcohol concentration that is greater than or equal to the lesser of-- ``(A) the blood alcohol concentration limit of the State in which the individual is driving; and ``(B) 0.08 percent. ``(3) Ignition interlock device.--The term `ignition interlock device' means an in-vehicle device that-- ``(A) requires a driver to provide a breath sample prior to the motor vehicle starting; and ``(B) prevents a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit. ``(4) Motor vehicle.-- ``(A) In general.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways. ``(B) Exclusions.--The term `motor vehicle' does not include-- ``(i) a vehicle operated solely on a rail line; or ``(ii) a commercial vehicle. ``(b) Laws Requiring Ignition Interlock Devices.--A State meets the requirements of this subsection if the State has enacted and is enforcing a law that requires throughout the State the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual who is convicted of driving while intoxicated or driving under the influence. ``(c) Withholding of Funds for Noncompliance.-- ``(1) Fiscal year 2015.--On October 1, 2014, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(2) Fiscal year 2016.--On October 1, 2015, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(3) Fiscal year 2017 and thereafter.--On October 1, 2016, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(d) Period of Availability of Withheld Funds; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.--Any funds withheld under subsection (c) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (c) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements of subsection (b), apportion to the State the funds withheld under subsection (c) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.--Any funds apportioned pursuant to paragraph (2)-- ``(A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and ``(B) if not apportioned at the end of that period, shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (c) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (b), the funds shall lapse.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``171. Use of ignition interlock devices to prevent repeat intoxicated driving.''.", "summary": "Alisa's Law of 2014 - Directs the Secretary of Transportation (DOT) to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2015-FY2017 if the state has not enacted and is not enforcing a law requiring the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence. Defines \"driving while intoxicated\" and \"driving under the influence\" as driving or being in actual physical control of a motor vehicle while having a blood alcohol concentration greater than or equal to the lesser of: (1) the blood alcohol concentration limit of the state in which the individual is driving, or (2) 0.08%. Requires an ignition interlock device to: (1) require a driver to provide a breath sample before the motor vehicle starts, and (2) prevent a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit."}
{"article": "SECTION 1. FINDINGS. Congress finds the following: (1) The volume of crude oil transported by rail has significantly increased from-- (A) 21,000 barrels a day in 2009 to 1.1 million barrels a day in 2014; and (B) 9,500 rail-carloads in 2008 to 415,000 rail- carloads in 2013. (2) At any given time, more than 2.5 million gallons of crude oil is being transported across the country to refineries totaling a distance of more than 1,000 miles. (3) More oil was spilled in 2013 from freight traffic than in the previous 4 decades combined. (4) Increased spills result in catastrophes that have significantly and adversely impacted the following communities: (A) Minnesota, in March 2013, when 30,000 gallons of crude oil spilled because of derailed cars. (B) Lac-Meegantic, Canada, in July 2013, when 1.6 million gallons of crude oil spilled, igniting a fire and exploding, killing 47 people and forcing 2,000 people from their homes. (C) North Dakota, in December 2013, when 400,000 million gallons of crude oil spilled, igniting a fire and forcing 65 percent of residents from their homes. (D) Virginia, in March 2014, when thousands of gallons of oil spilled, contaminating the James River and requiring the evacuation of 78,000 people in the downtown of the city. (E) West Virginia, in February 2015, when 26 cars containing oil that exceeded volatility standards for transport derailed, igniting fires and explosions, threatening the water supply, and forcing hundreds of people from their homes. (5) Hazardous materials must be properly classified for transportation, according to requirements from the Pipeline and Hazardous Materials Safety Administration (PHMSA). (6) Crude oil is categorized as a Class 3 flammable liquid in either Packing Group (PG) I or II. (7) Due to serious mislabeling practices, the Department of Transportation's Emergency Order (Docket No. DOT-OST-2014-0025) from February 2014 has forbidden the labeling of crude oil as PG III for transport and handling until further notice; shipments must be labeled as either PG I (most serious hazard) or PG II (moderate hazard) for proper handling and transport of crude oil. (8) PHMSA has found that crude oil from the Bakken region (in North Dakota, Montana, and Canada) is ``more volatile than most other types of crude,'' and subsequently, more flammable. (9) The samples that PHMSA tested from the Bakken region ``displayed characteristics consistent with those of a Class 3 flammable liquid, PG I or II, with a predominance to PG I, the most dangerous class of Class 3 flammable liquids''. (10) The oil industry group North Dakota Petroleum Council has recommended that Bakken crude oil be labeled as PG I hazardous materials for transportation. (11) Oil from the Bakken region accounts for about 12 percent of total domestic production. (12) The National Transportation Safety Board (NTSB) has expressed concern ``that major loss of life, property damage and environmental consequences can occur when large volumes of crude oil or other flammable liquids are transported on a single train involved in an accident''. (13) The NTSB has recommended that routes transporting hazardous materials present the fewest overall safety and security risks by avoiding populated areas. SEC. 2. STUDY ON IMPACT OF DIVERTING CERTAIN FREIGHT RAIL TO AVOID URBAN AREAS. (a) In General.--Not later than 3 months after the date of enactment of this Act, the Secretary of Transportation shall make appropriate arrangements with the Transportation Research Board of the National Academies under which the Board shall conduct a study on the cost and impact of rerouting freight rail traffic containing hazardous material to avoid transportation of such hazardous material through urban areas. (b) Contents of Study.--The study described under subsection (a) shall include-- (1) the benefits of rerouting freight rail traffic containing hazardous material to alternate railroad routes that avoid urban areas, including benefits to the health and safety of the individuals living in such urban areas; (2) the benefits of construction of alternative railroad routes that avoid urban areas for transportation of freight rail containing hazardous material; (3) the logistical feasibility of the actions described in paragraphs (1) and (2); and (4) the costs of taking the actions described in paragraphs (1) and (2). (c) Report.--In entering into an arrangement under subsection (a), the Secretary shall request that the Board transmit to Congress a report on the results of the study not later than 21 months after the date of enactment of this Act. (d) Definitions.-- (1) Hazardous material.--The term ``hazardous material'' has the meaning given such term in section 5102 of title 49, United States Code. (2) Urban area.--The term ``urban area'' means an urban area, as designated by the Bureau of the Census, with a population of greater than 30,000. (e) Authorization of Appropriations.--There are authorized to be appropriated $850,000 to carry out this Act.", "summary": "Directs the Secretary of Transportation to make appropriate arrangements with the Transportation Research Board of the National Academy of Sciences, the National Academy of Engineering, the Institute of Medicine, and the National Research Council to study the cost and impact of rerouting freight rail traffic of hazardous material to avoid its transportation through urban areas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Food and Medicine for the World Act of 1999''. SEC. 2. REQUIREMENT OF CONGRESSIONAL APPROVAL OF ANY NEW UNILATERAL AGRICULTURAL SANCTION. (a) Definitions.-- (1) Agricultural commodity.--The term ``agricultural commodity'' has the meaning given the term in section 402 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1732). (2) Agricultural program.--The term ``agricultural program'' means-- (A) any program administered through the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480; 7 U.S.C. 1701 et seq.); (B) any program administered through section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); (C) any commercial sale of agricultural commodities or agricultural products, including plant nutrient materials; or (D) any export financing (including credits or credit guarantees) for agricultural commodities or agricultural products. (3) New unilateral agricultural sanction.--The term ``new unilateral agricultural sanction'' means any prohibition, restriction, or condition on carrying out an agricultural program with respect to a foreign country or foreign entity that is imposed by the United States on or after the date of enactment of this Act for reasons of foreign policy or national security, except in a case in which the United States imposes the measure pursuant to a multilateral regime and the other member countries of that regime have agreed to impose substantially equivalent measures. (4) New unilateral sanction with respect to medicine, medical supplies, or medical equipment.--The term ``new unilateral sanction with respect to medicine, medical supplies, or medical equipment'' means any prohibition, restriction, or condition on trade in, or the provision of assistance consisting of, medicine, medical supplies, or medical equipment with respect to a foreign country or foreign entity that is imposed by the United States on or after the date of enactment of this Act for reasons of foreign policy or national security, except in a case in which the United States imposes the measure pursuant to a multilateral regime and the other member countries of that regime have agreed to impose substantially equivalent measures. (5) Session day of congress.--The term ``session day of Congress'' means any day on which a House of Congress is in session. (b) Restriction.--Notwithstanding any other provision of law and subject to subsection (c), the President may not impose a new unilateral agricultural sanction against a foreign country, or a new unilateral sanction with respect to medicine, medical supplies, or medical equipment against a foreign country, unless-- (1) not less than 60 days before the sanction is proposed to be imposed, the President submits a report to Congress that-- (A) describes the activity proposed to be prohibited, restricted, or conditioned; and (B) describes the actions by the foreign country that justify the sanction; and (2) Congress enacts a joint resolution stating the approval of Congress for the report submitted under paragraph (1). (c) Exception.--Notwithstanding subsection (b), the President may impose a sanction described in that subsection-- (1) against a foreign country with respect to which-- (A) Congress has enacted a declaration of war; or (B) the President has proclaimed a state of national emergency; or (2) to the extent that the sanction would prohibit, restrict, or condition the provision or use of any commodity, product, medicine, supply, or equipment that is controlled on the United States Munitions List under section 38 of the Arms Export Control Act or the Commerce Control List under the Export Administration Act of 1979. (d) Congressional Priority Procedures.-- (1) Joint resolution defined.--For the purpose of subsection (b)(2), ``joint resolution'' means only a joint resolution introduced within 10 session days of Congress after the date on which the report of the President under subsection (b)(1) is received by Congress, the matter after the resolving clause of which is as follows: ``That Congress approves the report of the President pursuant to section 2(b)(1) of the Food and Medicine for the World Act of 1999, transmitted on ______________.'', with the blank completed with the appropriate date. (2) Referral of report.--The report described in subsection (b)(1) shall be referred to the appropriate committee or committees of the House of Representatives and to the appropriate committee or committees of the Senate. (3) Referral of joint resolution to committee.--A joint resolution introduced in the House of Representatives shall be referred to the Committee on International Relations of the House of Representatives. A joint resolution introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. Such a joint resolution may not be reported before the eighth session day of Congress after its introduction. (4) Discharge from committee.--If the committee of either House to which a joint resolution is referred has not reported the joint resolution (or an identical joint resolution) at the end of 30 session days of Congress after its introduction, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar of the House in which it was introduced. (5) Floor consideration.-- (A) Motion to proceed.--When the committee to which a joint resolution is referred has reported, or has been deemed to be discharged (under paragraph (4)) from further consideration of, a joint resolution, notwithstanding any rule or precedent of the Senate, including Rule 22, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate on the joint resolution.--Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than ten hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. (C) Vote on final passage.--Immediately following the conclusion of the debate on a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the joint resolution shall occur. (D) Appeals of rulings.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution described in paragraph (1) shall be decided without debate. (6) Treatment of other house's joint resolution.--If, before the passage by one House of Congress of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply: (A) Referral of joint resolutions of sending house.--The joint resolution of the sending House shall not be referred to a committee in the receiving House. (B) Procedures in receiving house.--With respect to a joint resolution of the House receiving the joint resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the sending House; but (ii) the vote on final passage shall be on the joint resolution of the sending House. (C) Disposition of joint resolutions of receiving house.--Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution originated in the receiving House. (7) Procedures after action by both the house and senate.-- If the House receiving a joint resolution from the other House after the receiving House has disposed of a joint resolution originated in that House, the action of the receiving House with regard to the disposition of the joint resolution originated in that House shall be deemed to be the action of the receiving House with regard to the joint resolution originated in the other House. (8) Status of procedures.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.", "summary": "Food and Medicine for the World Act of 1999 - Prohibits, with specified exceptions, the President from imposing a new unilateral agricultural sanction, or a new unilateral sanction with respect to medicine, medical supplies, or medical equipment, against a foreign country, unless: (1) not less than 60 days before the sanction is proposed to be imposed, the President makes a specified report to Congress; and (2) Congress enacts a joint resolution approving the report."}
{"article": "SECTION 1. RESTORATION OF TANF EMERGENCY CONTINGENCY FUND. (a) In General.--Section 403 of the Social Security Act (42 U.S.C. 603) is amended by adding at the end the following: ``(c) Emergency Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund which shall be known as the `Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs' (in this subsection referred to as the `Emergency Fund'). ``(2) Deposits into fund.-- ``(A) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2012, $10,000,000,000 for payment to the Emergency Fund. ``(B) Availability and use of funds.--The amounts appropriated to the Emergency Fund under subparagraph (A) shall remain available through fiscal year 2013 and shall be used to make grants to States in each of fiscal years 2012 and 2013 in accordance with the requirements of paragraph (3). ``(C) Limitation.--In no case may the Secretary make a grant from the Emergency Fund for a fiscal year after fiscal year 2013. ``(3) Grants.-- ``(A) Grant related to caseload increases.-- ``(i) In general.--For each calendar quarter in fiscal year 2012 or 2013, the Secretary shall make a grant from the Emergency Fund to each State that-- ``(I) requests a grant under this subparagraph for the quarter; and ``(II) meets the requirement of clause (ii) for the quarter. ``(ii) Caseload increase requirement.--A State meets the requirement of this clause for a quarter if the average monthly assistance caseload of the State for the quarter exceeds the average monthly assistance caseload of the State for the corresponding quarter in the emergency fund base year of the State. ``(iii) Amount of grant.--Subject to paragraph (5), the amount of the grant to be made to a State under this subparagraph for a quarter shall be an amount equal to 80 percent of the amount (if any) by which the total expenditures of the State for basic assistance (as defined by the Secretary) in the quarter, whether under the State program funded under this part or as qualified State expenditures, exceeds the total expenditures of the State for such assistance for the corresponding quarter in the emergency fund base year of the State. ``(B) Grant related to increased expenditures for non-recurrent short term benefits.-- ``(i) In general.--For each calendar quarter in fiscal year 2012 or 2013, the Secretary shall make a grant from the Emergency Fund to each State that-- ``(I) requests a grant under this subparagraph for the quarter; and ``(II) meets the requirement of clause (ii) for the quarter. ``(ii) Non-recurrent short term expenditure requirement.--A State meets the requirement of this clause for a quarter if the total expenditures of the State for non-recurrent short term benefits in the quarter, whether under the State program funded under this part or as qualified State expenditures, exceeds the total expenditures of the State for non- recurrent short term benefits in the corresponding quarter in the emergency fund base year of the State. ``(iii) Amount of grant.--Subject to paragraph (5), the amount of the grant to be made to a State under this subparagraph for a quarter shall be an amount equal to 80 percent of the excess described in clause (ii). ``(C) Grant related to increased expenditures for subsidized employment.-- ``(i) In general.--For each calendar quarter in fiscal year 2012 or 2013, the Secretary shall make a grant from the Emergency Fund to each State that-- ``(I) requests a grant under this subparagraph for the quarter; and ``(II) meets the requirement of clause (ii) for the quarter. ``(ii) Subsidized employment expenditure requirement.--A State meets the requirement of this clause for a quarter if the total expenditures of the State for subsidized employment in the quarter, whether under the State program funded under this part or as qualified State expenditures, exceeds the total such expenditures of the State in the corresponding quarter in the emergency fund base year of the State. ``(iii) Amount of grant.--Subject to paragraph (5), the amount of the grant to be made to a State under this subparagraph for a quarter shall be an amount equal to 80 percent of the excess described in clause (ii). ``(4) Authority to make necessary adjustments to data and collect needed data.--In determining the size of the caseload of a State and the expenditures of a State for basic assistance, non-recurrent short term benefits, and subsidized employment, during any period for which the State requests funds under this subsection, and during the emergency fund base year of the State, the Secretary may make appropriate adjustments to the data, on a State-by-State basis, to ensure that the data are comparable with respect to the groups of families served and the types of aid provided. The Secretary may develop a mechanism for collecting expenditure data, including procedures which allow States to make reasonable estimates, and may set deadlines for making revisions to the data. ``(5) Limitation.--The total amount payable to a single State under subsection (b) and this subsection for fiscal years 2012 and 2013 combined shall not exceed 50 percent of the annual State family assistance grant. ``(6) Limitations on use of funds.--A State to which an amount is paid under this subsection may use the amount only as authorized by section 404. ``(7) Timing of implementation.--The Secretary shall implement this subsection as quickly as reasonably possible, pursuant to appropriate guidance to States. ``(8) Application to indian tribes.--This subsection shall apply to an Indian tribe with an approved tribal family assistance plan under section 412 in the same manner as this subsection applies to a State. ``(9) Definitions.--In this subsection: ``(A) Average monthly assistance caseload defined.--The term `average monthly assistance caseload' means, with respect to a State and a quarter, the number of families receiving assistance during the quarter under the State program funded under this part or as qualified State expenditures, subject to adjustment under paragraph (4). ``(B) Emergency fund base year.-- ``(i) In general.--The term `emergency fund base year' means, with respect to a State and a category described in clause (ii), whichever of fiscal year 2009 or 2010 is the fiscal year in which the amount described by the category with respect to the State is the lesser. ``(ii) Categories described.--The categories described in this clause are the following: ``(I) The average monthly assistance caseload of the State. ``(II) The total expenditures of the State for non-recurrent short term benefits, whether under the State program funded under this part or as qualified State expenditures. ``(III) The total expenditures of the State for subsidized employment, whether under the State program funded under this part or as qualified State expenditures. ``(C) Qualified state expenditures.--The term `qualified State expenditures' has the meaning given the term in section 409(a)(7).''. (b) Modification of Caseload Reduction Credit.--Section 407(b)(3)(A)(i) of such Act (42 U.S.C. 607(b)(3)(A)(i)) is amended by inserting ``(or if the immediately preceding fiscal year is fiscal year 2011 or 2012, then, at State option, during the emergency fund base year of the State with respect to the average monthly assistance caseload of the State (within the meaning of section 403(c)(9)), except that, if a State elects such option for fiscal year 2011, the emergency fund base year of the State with respect to such caseload shall be fiscal year 2009))'' before ``under the State''. (c) Disregard From Limitation on Total Payments to Territories.-- Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)) is amended by inserting ``403(c)(3),'' after ``403(a)(5),''.", "summary": "Amends title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to reestablish for FY2012-FY2013 the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs for the purpose of grants to states by the Secretary of the Treasury related to: (1) increases in TANF caseloads, (2) increased expenditures for non-recurrent short term benefits, and (3) increased expenditures for subsidized employment. Modifies for FY2011-FY2012 the formula for the pro rata reduction credit in the calculation of the minimum participation rate of all families of a state receiving TANF assistance for any reduction in such rate owing to caseload reductions not required by federal law and not resulting from changes in state eligibility criteria."}
{"article": "SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF TOP-OF- THE-STOVE STAINLESS STEEL COOKING WARE FROM THE REPUBLIC OF KOREA ENTERED BETWEEN JANUARY 1, 1999 AND JANUARY 22, 2003. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of subsection (b), the U.S. Customs and Border Protection shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) at the new rate of duty described in that subsection, to the extent the former rate of duty described in that subsection was applied to such merchandise on the date of entry. (b) Requests.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefore is filed with the U.S. Customs and Border Protection not later than 90 days after the date of the enactment of this Act. (c) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of any entry under subsection (a) shall be paid not later than 90 days after the date of such liquidation or reliquidation. (d) Entries Described.--The entries referred to in subsection (a) are as follows: (1) Entry year 1999.--The following entries shall, to the extent an antidumping rate of duty of 8.10 percent or 7.39 percent was formerly applied, be reliquidated at an antidumping rate of duty of 1.67 percent: Entry number........................... Entry date 336 2596739-5........................ 2/4/1999 336 2596857-5........................ 2/9/1999 336 2596897-1........................ 2/9/1999 336 2596977-1........................ 2/11/1999 336 2597059-7........................ 2/11/1999 336 2597136-3........................ 2/17/1999 336 2597190-0........................ 2/17/1999 336 2597293-2........................ 3/1/1999 336 2597320-3........................ 3/1/1999 336 2597368-2........................ 3/9/1999 336 2597491-2........................ 3/18/1999 336 2597536-4........................ 3/18/1999 336 2597601-6........................ 3/18/1999 336 2597793-1........................ 3/19/1999 336 2597808-7........................ 3/25/1999 336 2597636-2........................ 3/25/1999 336 2597671-9........................ 3/31/1999 336 2597901-0........................ 3/31/1999 336 2597966-3........................ 4/7/1999 336 2598053-9........................ 4/7/1999 336 2598123-0........................ 4/14/1999 336 2598124-8........................ 4/23/1999 336 2598238-6........................ 4/23/1999 336 2598511-6........................ 5/3/1999 336 2598510-8........................ 5/4/1999 336 2598268-3........................ 5/11/1999 336 2598269-1........................ 5/11/1999 336 2598600-7........................ 5/12/1999 336 2598601-5........................ 5/12/1999 336 2598739-3........................ 5/18/1999 336 2598740-1........................ 5/18/1999 336 2598755-9........................ 5/25/1999 336 2598756-7........................ 5/25/1999 336 2598969-6........................ 6/4/1999 336 2598970-4........................ 6/4/1999 336 2599136-1........................ 6/4/1999 336 2599137-9........................ 6/4/1999 336 2599179-1........................ 6/11/1999 336 2599725-1........................ 6/21/1999 336 2599726-9........................ 6/21/1999 336 2599484-5........................ 6/30/1999 336 2599485-2........................ 6/30/1999 336 2599651-9........................ 7/6/1999 336 2599652-7........................ 7/6/1999 336 2599787-1........................ 7/14/1999 336 2599788-9........................ 7/14/1999 336 2599916-6........................ 7/19/1999 336 2600049-3........................ 7/30/1999 336 2600050-1........................ 7/30/1999 336 2600201-0........................ 8/5/1999 336 2600202-8........................ 8/5/1999 336 2600361-2........................ 8/12/1999 336 2600362-0........................ 8/12/1999 336 2600484-2........................ 8/18/1999 336 2600525-2........................ 8/18/1999 336 2600663-1........................ 8/31/1999 336 2600664-9........................ 8/31/1999 336 2600787-8........................ 9/3/1999 336 2600788-6........................ 9/3/1999 336 2600996-5........................ 9/23/1999 336 2600997-3........................ 9/23/1999 336 2601187-0........................ 9/29/1999 336 2601188-8........................ 9/29/1999 336 2601189-6........................ 10/1/1999 336 2601190-4........................ 10/1/1999 336 2601431-2........................ 10/5/1999 336 2601432-0........................ 10/5/1999 336 2601519-4........................ 10/8/1999 336 2601520-2........................ 10/8/1999 336 2601529-3........................ 10/12/1999 336 2601530-1........................ 10/12/1999 336 2601655-6........................ 10/19/1999 336 2601656-4........................ 10/19/1999 336 2601797-6........................ 10/22/1999 336 2601798-4........................ 10/22/1999 336 2601800-8........................ 11/3/1999 336 2601799-2........................ 11/4/1999 336 2601950-1........................ 11/10/1999 336 2601951-9........................ 11/10/1999 336 2602201-8........................ 11/16/1999 336 2602202-6........................ 11/16/1999 336 2602319-8........................ 11/22/1999 336 2602320-6........................ 11/22/1999 336 2602404-8........................ 12/1/1999 336 2602405-5........................ 12/1/1999 336 2602633-2........................ 12/6/1999 336 2602632-4........................ 12/8/1999 336 2602772-8........................ 12/15/1999 336 2602773-6........................ 12/15/1999 336 2602845-2........................ 12/22/1999 336 2602846-0........................ 12/22/1999 336 2602979-9........................ 12/29/1999 336 2602980-7........................ 12/29/1999 (2) Entry year 2000.--The following entries shall, to the extent an antidumping rate of 7.39 percent was formerly applied, be reliquidated at an antidumping rate of duty of 1.26 percent: Entry number Entry date 336 2603169-6........................ 1/3/2000 336 2607879-6........................ 1/15/2000 739 6029431-9........................ 1/31/2000 739 6029704-9........................ 2/8/2000 739 6029699-1........................ 2/10/2000 739 6029930-0........................ 2/16/2000 008 0635322-3........................ 2/21/2000 739 6030272-4........................ 2/24/2000 336 2604255-2........................ 3/3/2000 739 6030562-8........................ 3/7/2000 739 6030738-4........................ 3/8/2000 336 2604432-7........................ 3/10/2000 739 6031041-2........................ 3/15/2000 739 6031221-0........................ 3/21/2000 739 6031220-2........................ 3/21/2000 739 6031198-0........................ 3/22/2000 336 2604516-7........................ 3/27/2000 008 0635935-2........................ 3/28/2000 739 6031554-4........................ 3/29/2000 739 6031329-1........................ 3/30/2000 739 6031484-4........................ 4/3/2000 336 2604723-9........................ 4/6/2000 336 2604895-5........................ 4/11/2000 336 2605088-6........................ 4/14/2000 739 6032412-4........................ 4/23/2000 008 0636281-0........................ 4/23/2000 739 6031967-8........................ 4/24/2000 739 6032414-0........................ 4/24/2000 739 6032703-6........................ 5/2/2000 739 6032745-7........................ 5/2/2000 336 2605234-6........................ 5/5/2000 739 6032999-0........................ 5/9/2000 739 6033467-7........................ 5/23/2000 739 6033484-2........................ 5/23/2000 336 2605320-3........................ 6/15/2000 336 2605636-2........................ 6/16/2000 739 6034538-4........................ 6/16/2000 336 2605656-0........................ 6/19/2000 336 2605691-7........................ 6/20/2000 336 2606008-3........................ 7/6/2000 336 2606173-5........................ 7/10/2000 739 6035525-0........................ 7/13/2000 739 6035507-8........................ 7/13/2000 336 2606449-9........................ 7/19/2000 739 6035801-5........................ 7/20/2000 739 6035707-4........................ 7/20/2000 336 2606538-9........................ 7/26/2000 336 2606646-0........................ 8/3/2000 739 6036406-2........................ 8/3/2000 739 6036408-8........................ 8/3/2000 739 6036384-1........................ 8/4/2000 336 2606921-7........................ 8/9/2000 336 2607439-9........................ 8/17/2000 336 2607447-2........................ 8/18/2000 336 2607838-2........................ 8/22/2000 739 6037536-5........................ 9/12/2000 739 6038089-4........................ 9/19/2000 739 6038497-9........................ 10/2/2000 739 6038899-6........................ 10/11/2000 739 6039461-4........................ 10/25/2000 739 6039311-1........................ 10/30/2000 336 2608716-9........................ 11/3/2000 336 2608719-3........................ 11/3/2000 739 6039841-7........................ 11/7/2000 739 6039718-7........................ 11/7/2000 336 2609709-3........................ 11/8/2000 336 2608722-7........................ 11/8/2000 336 9412013-2........................ 11/10/2000 336 2609529-5........................ 11/16/2000 739 6040100-5........................ 11/16/2000 336 9412016-5........................ 11/17/2000 336 9412019-9........................ 11/21/2000 739 6040227-6........................ 11/25/2000 739 6039607-2........................ 11/28/2000 336 9412334-2........................ 11/30/2000 336 9412337-5........................ 11/30/2000 739 6040875-2........................ 12/9/2000 739 6040981-8........................ 12/12/2000 336 9412631-1........................ 12/13/2000 739 6041062-6........................ 12/17/2000 336 9412634-5........................ 12/19/2000 739 6041145-9........................ 12/20/2000 336 9412637-8........................ 12/21/2000 336 9412899-4........................ 12/26/2000 336 9412965-3........................ 12/28/2000 739 6041516-1........................ 12/30/2000 (3) Entry year 2001.--The following entries shall, to the extent an antidumping rate of duty of 7.39 percent or 1.67 percent was formerly applied, be reliquidated at an antidumping rate of duty of 0.90 percent: Entry number........................... Entry date 739 6041721-7........................ 1/3/2001 336 9412562-8........................ 1/5/2001 336 9413082-6........................ 1/5/2001 008 0641141-9........................ 1/5/2001 008 0641202-9........................ 1/11/2001 336 9413358-0........................ 1/12/2001 336 2608124-6........................ 1/15/2001 336 9413361-4........................ 1/15/2001 336 9412279-9........................ 1/16/2001 739 6042228-2........................ 1/18/2001 739 6042223-3........................ 1/18/2001 336 9413426-5........................ 1/19/2001 336 9413444-8........................ 1/19/2001 739 6042405-6........................ 1/23/2001 336 9413518-9........................ 1/25/2001 739 6042480-9........................ 1/26/2001 336 9413814-2........................ 2/5/2001 739 6042833-9........................ 2/5/2001 739 6042954-3........................ 2/7/2001 336 9413894-4........................ 2/8/2001 739 6042931-1........................ 2/10/2001 336 9414162-5........................ 2/23/2001 739 6043410-5........................ 2/24/2001 336 9414223-5........................ 3/7/2001 739 6043950-0........................ 3/7/2001 336 9414325-8........................ 3/20/2001 336 9414331-6........................ 3/28/2001 336 9414333-2........................ 3/29/2001 336 9415452-9........................ 4/2/2001 336 9415449-5........................ 4/4/2001 336 9415454-5........................ 4/25/2001 336 9415456-0........................ 4/25/2001 739 6047935-7........................ 6/12/2001 739 6047856-5........................ 6/14/2001 739 6047934-0........................ 6/14/2001 739 6048091-8........................ 6/21/2001 336 9567582-9........................ 6/25/2001 336 9415457-8........................ 7/6/2001 739 6048879-6........................ 7/9/2001 739 6048948-9........................ 7/10/2001 336 9568422-7........................ 7/13/2001 739 6049096-6........................ 7/16/2001 336 9568425-0........................ 7/19/2001 739 6049296-2........................ 7/20/2001 739 6049301-0........................ 7/20/2001 739 6049300-2........................ 7/20/2001 739 6049299-6........................ 7/21/2001 739 6049553-6........................ 7/25/2001 336 9568427-6........................ 8/1/2001 739 6049985-0........................ 8/8/2001 739 6050161-4........................ 8/14/2001 739 6050233-1........................ 8/14/2001 336 9568429-2........................ 8/16/2001 336 9568431-8........................ 8/27/2001 739 6050759-5........................ 8/29/2001 739 6050761-1........................ 8/29/2001 739 6050762-9........................ 8/29/2001 739 6050789-2........................ 8/29/2001 336 9568435-9........................ 9/5/2001 220 1012341-6........................ 9/19/2001 220 1012344-0........................ 9/19/2001 220 1012345-7........................ 9/19/2001 336 9568433-4........................ 9/20/2001 336 9568437-5........................ 9/21/2001 336 9568439-1........................ 9/21/2001 739 6051534-1........................ 9/21/2001 739 6051498-9........................ 9/24/2001 336 9568441-7........................ 10/1/2001 336 9568443-3........................ 10/2/2001 739 6052003-6........................ 10/5/2001 336 9568445-8........................ 10/8/2001 336 9568449-0........................ 10/11/2001 739 6052333-7........................ 10/11/2001 336 9568447-4........................ 10/17/2001 739 6052539-9........................ 10/17/2001 739 6052581-1........................ 10/18/2001 739 6052580-3........................ 10/19/2001 739 6052582-9........................ 10/19/2001 739 6052588-6........................ 10/20/2001 336 9568451-6........................ 11/5/2001 739 6053140-5........................ 11/7/2001 336 9568453-2........................ 11/12/2001 739 6053218-9........................ 11/12/2001 739 6053346-8........................ 11/12/2001 739 6053347-6........................ 11/12/2001 336 9568455-7........................ 11/14/2001 739 6053420-1........................ 11/14/2001 336 9568457-3........................ 11/23/2001 336 9568459-9........................ 11/30/2001 336 9568464-9........................ 12/5/2001 739 6054285-7........................ 12/7/2001 739 6054242-8........................ 12/11/2001 739 6054279-0........................ 12/11/2001 739 6054290-7........................ 12/11/2001 336 9573250-5........................ 12/17/2001 739 6054492-9........................ 12/18/2001 739 6054501-7........................ 12/18/2001 336 9573252-1........................ 12/26/2001 (4) Entry year 2002.--The following entries shall, to the extent an antidumping rate of duty of 1.67 percent or 1.26 percent was formerly applied, be reliquidated at an antidumping rate of duty of 0.90 percent: Entry number........................... Entry date 739 6055104-9........................ 1/2/2002 336 9573254-7........................ 1/3/2002 336 2605850-9........................ 1/7/2002 336 9903585-5........................ 1/9/2002 336 9573496-4........................ 1/11/2002 739 6055356-5........................ 1/11/2002 739 6055488-6........................ 1/14/2002 336 9903640-8........................ 1/15/2002 739 6055586-7........................ 1/15/2002 336 9903642-4........................ 1/18/2002 336 9573258-8........................ 1/18/2002 739 6055963-8........................ 1/25/2002 739 6055954-7........................ 1/29/2002 739 6056226-9........................ 2/6/2002 739 6056338-2........................ 2/6/2002 739 6056433-1........................ 2/12/2002 739 6056623-7........................ 2/19/2002 739 6056968-6........................ 2/28/2002 739 6056967-8........................ 3/2/2002 739 6057410-8........................ 3/12/2002 739 6057409-0........................ 3/15/2002 739 6057973-5........................ 3/29/2002 739 6058682-1........................ 4/18/2002 739 6058950-2........................ 4/27/2002 739 6058971-8........................ 4/27/2002 JG6 8804702-0........................ 5/9/2002 739 6059602-8........................ 5/15/2002 739 6059573-1........................ 5/15/2002 739 6059603-6........................ 5/15/2002 JG6 8804788-9........................ 5/16/2002 JG6 8804733-5........................ 5/16/2002 739 6059792-7........................ 5/22/2002 JG6 8804897-8........................ 5/25/2002 JG6 8805011-5........................ 5/30/2002 JG6 8804965-3........................ 6/3/2002 JG6 8804917-4........................ 6/3/2002 739 6060475-6........................ 6/10/2002 739 6060821-1........................ 6/14/2002 739 6060772-6........................ 6/18/2002 739 6061068-8........................ 6/22/2002 739 6061103-3........................ 6/23/2002 739 6061069-6........................ 6/23/2002 739 6061895-4........................ 7/10/2002 739 6061776-6........................ 7/12/2002 739 6062689-0........................ 7/28/2002 739 6063735-0........................ 8/20/2002 739 6063709-5........................ 8/20/2002 739 6063710-3........................ 8/20/2002 739 6064286-3........................ 9/3/2002 739 6065264-9........................ 9/22/2002 739 6065240-9........................ 9/22/2002 739 6065872-9........................ 10/6/2002 (5) Entry year 2003.--The following entries shall, to the extent an antidumping rate of duty of 1.26 percent was formerly applied, be reliquidated at an antidumping rate of duty of 0.90 percent: Entry number........................... Entry date 739 6069860-0........................ 1/5/2003 739 6070029-9........................ 1/12/2003 739 6070500-9........................ 1/22/2003 739 6070760-9........................ 1/26/2003 739 6070759-1........................ 1/26/2003 739 6070914-2........................ 1/29/2003", "summary": "Directs U.S. Customs and Border Protection to liquidate or reliquidate certain entries of top-of-the-stove stainless steel cooking ware from the Republic of Korea."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Investment Transparency and Security Act of 2006''. SEC. 2. LIMITS ON FOREIGN CONTROL OF INVESTMENTS IN CERTAIN UNITED STATES CRITICAL INFRASTRUCTURE. (a) In General.--Title II of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the following: ``Subtitle E--Limits on Foreign Control of Investments in Certain United States Critical Infrastructure ``SEC. 241. DEFINITIONS. ``As used in this subtitle-- ``(1) the term `foreign government controlled entity' means any entity in which a foreign government owns a majority interest, or otherwise controls or manages the entity; and ``(2) the term `general business corporation' means any entity that qualifies for treatment for Federal taxation purposes under subchapter C or subchapter S of the Internal Revenue Code of 1986, established or organized under the laws of any State. ``SEC. 242. LIMITATION ON FOREIGN INVESTMENTS. ``(a) In General.--A foreign government controlled entity may acquire, own, or otherwise control or manage any critical infrastructure of the United States only through the establishment or operation of a foreign owned general business corporation that meets the requirements of subsection (b). ``(b) Requirements.--For purposes of this section, a general business corporation shall-- ``(1) have a board of directors, the majority of which is comprised of United States citizens; ``(2) have a chief security officer who is a United States citizen, responsible for safety and security issues related to the critical infrastructure; and ``(3) maintain all records related to operations, personnel, and security of the United States general business corporation in the United States. ``(c) Rule of Construction.--Nothing in this subtitle may be construed to restrict or otherwise alter the authority of the President or the Committee on Foreign Investment in the United States (or any successor thereto) as the designee of the President, under section 721 of the Defense Production Act of 1950. ``SEC. 243. REGULATIONS REQUIRED. ``Not later than 6 months after the date of enactment of this subtitle, the Secretary, in coordination with the Secretary of the Treasury, shall promulgate final regulations to carry out this subtitle. ``SEC. 244. EFFECTIVE DATE. ``(a) In General.--Section 242 shall apply beginning on the date that is 6 months after the date of enactment of this subtitle. ``(b) Existing Entities.--A foreign government controlled entity that owns or otherwise controls or manages any critical infrastructure of the United States on the effective date of this subtitle shall comply with the requirements of this subtitle not later than 180 days after that effective date.''. (b) Conforming Amendment.--The table of contents under section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting after the item relating to section 237 the following: ``Subtitle E--Limits on Foreign Control of Investments in Certain United States Critical Infrastructure ``Sec. 241. Definitions. ``Sec. 242. Limitation on foreign investments. ``Sec. 243. Regulations required. ``Sec. 244. Effective date.''. SEC. 3. MARITIME SECURITY. (a) Findings.--Congress finds that-- (1) existing scanning processes for maritime containers are insufficient; (2) it should be the goal of the United States to scan 100 percent of inbound maritime containers; and (3) the maritime container inspection system employed in Hong Kong shows promise in enhancing the maritime security capabilities of the United States. (b) Amendments to Homeland Security Act.-- (1) In general.--Subtitle A of title IV of the Homeland Security Act (6 U.S.C. 201 et seq.) is amended by adding at the end the following: ``SEC. 404. REPORT ON SCANNING OF MARITIME CONTAINERS. ``(a) Report to Congress.--Not later than 90 days after the date of enactment of this section, the Secretary shall submit a report to Congress detailing the processes and policies for implementation of a scanning system for 100 percent of the inbound maritime containers described in subsection (a). ``(b) Definition of Container.--The term `container' has the meaning given the term in the International Convention for Safe Containers, with annexes, done at Geneva December 2, 1972 (29 UST 3707).''. (2) Conforming amendment.--The table of contents under section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting after the item relating to section 403 the following: ``Sec. 404. Report on scanning of maritime containers.''.", "summary": "Foreign Investment Transparency and Security Act of 2006 - Amends the Homeland Security Act of 2002 to provide that a foreign government controlled entity may acquire, own, or otherwise control or manage any critical infrastructure of the United States only through the establishment or operation of a foreign owned general business corporation that meets specified requirements. Requires a majority of the board of directors of such a corporation and its chief security officer to be U.S. citizens. Directs the Secretary of Homeland Security to report to Congress on the processes and policies for implementation of a scanning system for 100% of all inbound maritime containers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Authorizing the Regulation of Swaps Act''. SEC. 2. REPEAL OF PROHIBITION ON CERTAIN REGULATION OF SWAP AGREEMENTS. The following provisions of law are repealed: (1) Sections 206A, 206B, and 206C of the Gramm-Leach-Bliley Act (15 U.S.C. 78c note). (2) Section 2A of the Securities Act of 1933 (15 U.S.C. 77b-1). (3) Section 17(d) of the Securities Act of 1933 (15 U.S.C. 77q(d)). (4) Section 3A of the Securities Exchange Act of 1934 (15 U.S.C. 78c-1). (5) Section 9(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78i(i)). (6) Section 15(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(i)), as added by section 303(f) of the Commodity Futures Modernization Act of 2000 (Public Law 106-554; 114 Stat. 2763A-455). (7) Section 16(g) of the Securities Exchange Act of 1934 (15 U.S.C. 78p(g)). (8) Section 20(f) of the Securities Exchange Act of 1934 (15 U.S.C. 78t(f)). (9) Section 21A(g) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-1(g)). (10) Sections 301(b) and 304 of the Commodity Futures Modernization Act of 2000 (Public Law 106-554; 114 Stat. 2763A- 451, 2763A-457). (11) Sections 403, 404, and 407 of the Legal Certainty for Bank Products Act of 2000 (7 U.S.C. 27a, 27b, 27e). (12) Subsection (d), subsection (g), and paragraphs (1) and (2) of subsection (h) of section 2 of the Commodity Exchange Act (7 U.S.C. 2). (13) Section 5d of the Commodity Exchange Act (7 U.S.C. 7a- 3). SEC. 3. AUTHORIZATION OF REGULATION AND OVERSIGHT REGARDING SWAP AGREEMENTS. (a) Authorization of Regulation and Oversight.--Notwithstanding any other provision of law, and subject to subsections (b) through (d), each Federal financial regulator may-- (1) exercise oversight over-- (A) any swap agreement that is entered into, purchased, or sold (or as to which the transaction, purchase, or sale is effected) by any financial institution, entity, or person (for its own account or for the account of others) that is subject to the jurisdiction of the Federal financial regulator; and (B) any swap agreement that is subject to the jurisdiction of the Federal financial regulator; and (2) promulgate, interpret, and enforce regulations, issue orders of general applicability, and impose disclosure, reporting, or recordkeeping requirements, procedures, or standards, relating to any swap agreement-- (A) that is entered into, purchased, or sold (or as to which the transaction, purchase, or sale is effected) by any financial institution, entity, or person (for its own account or for the account of others) that is subject to the jurisdiction of the Federal financial regulator; and (B) that is subject to the jurisdiction of the Federal financial regulator. (b) Exchanges and Trading Facilities.--In carrying out subsection (a)-- (1) the Securities and Exchange Commission (and not any other Federal financial regulator) shall exercise oversight and carry out regulatory or oversight activity over-- (A) any exchange or clearing agency (as those terms are defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); and (B) any swap agreement traded on or cleared through such exchange or clearing agency; and (2) the Commodity Futures Trading Commission (and not any other Federal financial regulator) shall exercise oversight and carry out regulatory or oversight activity over-- (A) any trading facility or registered entity (as those terms are defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)); and (B) any swap agreement executed on, traded on, or cleared through such trading facility or registered entity. (c) Rules of Construction.--Nothing in this Act may be construed as-- (1) limiting or reducing the authority of a Federal financial regulator in effect on the date of enactment of this Act with respect to swap agreements; (2) affecting the authority of the Commodity Futures Trading Commission under section 2(h)(3) or 4(c) of the Commodity Exchange Act (7 U.S.C. 2(h)(3), 6(c)), or affecting any exemption granted under that section 4(c); or (3) requiring any swap agreement to be-- (A) conducted on or subject to the rules of a board of trade which has been designated or registered by the Commodity Futures Trading Commission as a contract market or derivatives transaction execution facility; or (B) traded through an exchange or broker or dealer registered or required to be registered under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). (d) Consistent Treatment of Swap Agreements.--Prior to taking action under subsection (a)(2), each Federal financial regulator shall consult, work, and cooperate with other Federal financial regulators to promote consistency in the treatment of swap agreements. SEC. 4. DEFINITIONS. For the purposes of this Act, the following definitions shall apply: (1) Federal financial regulator.-- (A) In general.--The term ``Federal financial regulator'' means-- (i) the Commodity Futures Trading Commission; (ii) the Federal Deposit Insurance Corporation; (iii) the Board of Governors of the Federal Reserve System; (iv) the National Credit Union Administration; (v) the Office of the Comptroller of the Currency; (vi) the Office of Thrift Supervision; (vii) the Securities and Exchange Commission; and (viii) any other Federal agency that is authorized under any provision of Federal law to regulate any financial institution or type or class of financial instrument or offering thereof. (2) Purchase; sale.--The terms ``purchase'' and ``sale'', when used with respect to a swap agreement, means the execution, termination (prior to its scheduled maturity date), assignment, exchange, or similar transfer or conveyance of, or extinguishing of rights or obligations under a swap agreement, as the context may require. (3) Swap agreement.-- (A) In general.--The term ``swap agreement'' means any agreement, contract, or transaction between eligible contract participants (as defined in section 1a(12) of the Commodity Exchange Act (7 U.S.C. 1a(12))), the material terms of which (other than price and quantity) are subject to individual negotiation and that-- (i) is a put, call, cap, floor, collar, or similar option of any kind for the purchase or sale of, or based on the value of, 1 or more interest or other rates, currencies, commodities, indices, quantitative measures, or other financial or economic interests or property of any kind; (ii) provides for any purchase, sale, payment, or delivery (other than a dividend on an equity security) that is dependent on the occurrence, nonoccurrence, or the extent of the occurrence of any event or contingency associated with a potential financial, economic, or commercial consequence; (iii) provides on an executory basis for the exchange, on a fixed or contingent basis, of 1 or more payments based on the value or level of 1 or more interest or other rates, currencies, commodities, securities, instrument of indebtedness, indices, quantitative measures, or other financial or economic interests or property of any kind, or any interest therein or based on the value thereof, and that transfers, as between the parties to the transactions, in whole or in part, the financial risk associated with a future change in any such value or level without also conveying a current or future direct or indirect ownership interest in an asset (including any enterprise or investment pool) or liability that incorporates the financial risk so transferred, including any such agreement, contract, or transaction commonly known as an ``interest rate swap'', including a rate floor, rate cap, rate collar, cross- currency rate swap, basis swap, currency swap, equity index swap, equity swap, debt index swap, debt swap, credit spread, credit default swap, credit swap, weather swap, or commodity swap; (iv) provides for the purchase or sale, on a fixed or contingent basis, of any commodity, currency, instrument, interest, right, service, good, articles, or property of any kind; or (v) is any combination or permutation of, or option on, any agreement, contract, or transaction described in any of clauses (i) through (iv). (B) Exclusions.--The term ``swap agreement'' does not include-- (i) any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities, including any interest therein or based on the value thereof; (ii) any put, call, straddle, option, or privilege entered into on a national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(a)) relating to foreign currency; (iii) any agreement, contract, or transaction providing for the purchase or sale of 1 or more securities on a fixed basis; (iv) any agreement, contract, or transaction providing for the purchase or sale of 1 or more securities on a contingent basis, unless the agreement, contract, or transaction predicates the purchase or sale on the occurrence of a bona fide contingency that might reasonably be expected to affect or be affected by the creditworthiness of a party other than a party to the agreement, contract, or transaction; (v) any note, bond, or evidence of indebtedness that is a security; or (vi) any agreement, contract, or transaction that is-- (I) based on a security; and (II) entered into directly or through an underwriter (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a))) by the issuer of the security for the purpose of raising capital, unless such agreement, contract, or transaction is entered into to manage a risk associated with capital raising. (C) Inclusion.--The term ``swap agreement'' includes a master agreement that provides for an agreement, contract, or transaction that is a swap agreement pursuant to subparagraphs (A) and (B), together with all supplements to any such master agreement, without regard to whether the master agreement contains an agreement, contract, or transaction that is not a swap agreement pursuant to subparagraphs (A) and (B), except that the master agreement shall be considered to be a swap agreement only with respect to each agreement, contract, or transaction under the master agreement that is a swap agreement pursuant to subparagraphs (A) and (B). (D) Meaning of security.--For purposes of this paragraph, the term ``security'' has the same meaning as in section 2(a)(1) of the Securities Act of 1933 (15 U.S.C. 77b(a)(1)) or section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)). SEC. 5. CONFORMING AMENDMENTS. (a) Securities Act of 1933.--Section 17(a) of the Securities Act of 1933 (15 U.S.C. 77q(a)) is amended by striking ``security-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act)'' and inserting ``swap agreement''. (b) Securities Exchange Act of 1934.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended-- (1) by striking ``security-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act)'' each place that term appears and inserting ``swap agreement''; (2) by striking ``security-based swap agreements (as defined in section 206B of the Gramm-Leach-Bliley Act)'' each place that term appears and inserting ``swap agreements''; (3) in each of sections 9 and 16 (15 U.S.C. 78i, 78p)-- (A) by striking ``security-based swap agreement'' each place that term appears and inserting ``swap agreement''; and (B) by striking ``security-based swap agreements'' each place that term appears and inserting ``swap agreements''; (4) in section 10(b) (15 U.S.C. 78j(b)), by striking ``securities-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act)'' and inserting ``swap agreement''; (5) in section 16(a)(2)(C) (15 U.S.C. 78p(a)(2)(C)), by striking ``security-based swap agreement (as defined in section 206(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 78c note))'' and inserting ``swap agreement''; and (6) in section 3(a)(55)(A) (15 U.S.C. 78c(a)(55)(A)), by striking ``2(c), 2(d), 2(f), or 2(g)'' and inserting ``2(c) or 2(f)''. (c) Commodity Exchange Act.-- (1) Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended-- (A) in paragraph (12)(A)(x), by striking ``or an exempt board of trade''; and (B) in paragraph (31), in the second sentence, by striking ``2(c), 2(d), 2(f), or 2(g) of this Act'' and inserting ``2(c) or 2(f)''. (2) Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended-- (A) in subsection (c)(1), by striking ``5d,''; (B) in subsection (e)-- (i) in paragraph (1), by striking ``2(d)(2), 2(g), or''; and (ii) in paragraph (2), by striking ``, or operating as an exempt board of trade''; (C) in subsection (h)(4)(A), by striking ``5d,''; and (D) in subsection (i)-- (i) in paragraph (1)(A), by striking ``2(d), 2(e), 2(f), or 2(g)'' and inserting ``2(e), or 2(f)''; and (ii) in paragraph (2), by striking ``Act), 5b of this Act, or 5d of this Act'' and inserting ``Act) or 5b of this Act''. (3) Section 5a(g)(1) of the Commodity Exchange Act (7 U.S.C. 7a(g)(1)) is amended by striking ``2(c), 2(d), or 2(g)'' and inserting ``2(c)''. (4) Section 5b of the Commodity Exchange Act (7 U.S.C. 7a- 1) is amended-- (A) in subsection (a)(1), by striking ``2(d), 2(f), or 2(g)'' and inserting ``or 2(f)''; and (B) in subsection (b), by striking ``2(c), 2(d), 2(f), or 2(g)'' and inserting ``2(c) or 2(f)''. (5) Section 12(e) of the Commodity Exchange Act (7 U.S.C. 16(e)) is amended-- (A) in paragraph (1)(B)(i), by striking ``or exempt board of trade''; and (B) in paragraph (2)(B), by striking ``2(c), 2(d), 2(f), or 2(g)'' and inserting ``2(c) or 2(f)''. (d) Federal Deposit Insurance Corporation Improvement Act.--Section 408(2)(C) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 4421(2)(C)) is amended by striking ``2(c), 2(d), 2(f), or 2(g)'' and inserting ``2(c) or 2(f)''.", "summary": "Authorizing the Regulation of Swaps Act - Amends the Gramm-Leach-Bliley Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Commodity Futures Modernization Act of 2000, the Legal Certainty for Bank Products Act of 2000, and the Commodity Exchange Act to repeal prohibitions against regulation of credit default swaps and other swap agreements, whether traded on an exchange or over-the-counter, including commodity, equity, foreign currency, and interest rate swaps. Authorizes the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and specified other federal financial regulators to: (1) exercise oversight over any swap agreement entered into, purchased, or sold by any financial institution, entity, or person (for its own account or for the account of others), and any swap agreement, that is subject to the regulator's jurisdiction; and (2) promulgate, interpret, and enforce regulations, issue orders of general applicability, and impose disclosure, reporting, or recordkeeping requirements relating to any such swap agreement. Grants the SEC sole oversight authority over: (1) any exchange or clearing agency; and (2) any swap agreement traded on or cleared through such exchange or clearing agency. Grants the CFTC sole oversight authority over: (1) any trading facility or registered entity; and (2) any swap agreement executed on, traded on, or cleared through such trading facility or registered entity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Right to Know Before You Go Act of 2015''. SEC. 2. AMENDMENT TO PROGRAM PARTICIPATION AGREEMENTS. Section 487(a)(17) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(17)) is amended by inserting ``and including the requirements of section 493E'' after ``as designated by the Secretary''. SEC. 3. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Alignment With Institutional Reporting Requirements Related to IPEDS.-- ``(1) In general.--Not later than 6 months after the date of enactment of the Student Right to Know Before You Go Act of 2015, the Secretary shall issue guidance outlining which data metrics required to be submitted by institutions of higher education under section 493E are duplicative of institutional reporting requirements under this section and other provisions of this Act. ``(2) Link to institutional reporting website.--Not later than 5 years after the date of enactment of the Student Right to Know Before You Go Act of 2015, an institution of higher education participating in any program under this title shall-- ``(A) not be required to make available such duplicative requirements, as determined under paragraph (1), under this section and other provisions of this Act; and ``(B) provide a prominently displayed link on the institution's website to the website described in section 493E(e)(2).''. SEC. 4. INSTITUTIONAL REPORTING REQUIREMENTS. (a) Amendment to Database of Student Information Prohibited.-- Section 134(b) of the Higher Education Act of 1965 (20 U.S.C. 1015c(b)) is amended-- (1) in paragraph (1), by striking ``and'' after the semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) is necessary to carry out section 493E.''. (b) Reporting Requirements.--Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the following: ``SEC. 493E. INSTITUTIONAL REPORTING REQUIREMENTS. ``(a) In General.-- ``(1) Submission of data.--Each institution of higher education participating in a program under this title shall submit to the Secretary data sufficient, as determined by the Secretary, to complete all student components of reporting required for the Integrated Postsecondary Education Data System (referred to in this section as `IPEDS'). ``(2) Guidance.--Not later than 1 year after the date of enactment of the Student Right to Know Before You Go Act of 2015, the Secretary shall submit to institutions of higher education guidance related to the submission of data under this subsection. ``(3) Review.--The Secretary shall review, every 5 years, the determination of the categories of data that shall be submitted pursuant to paragraph (1). ``(b) Establishment of Additional Student Classifications.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Student Right to Know Before You Go Act of 2015, the Secretary shall-- ``(A) establish common definitions for institutions to follow in submitting the data required under this section; and ``(B) determine collection and submission requirements. ``(2) Student-level components of ipeds.--The Secretary shall require institutions of higher education participating in a program under this title to submit student-level components of IPEDS to enable coding and reporting on-- ``(A) students who participate in remedial education at, or through, the institution; ``(B) whether, and at what level, the student is seeking a degree; and ``(C) whether the student is seeking a certificate. ``(c) Establishment of New Outcome Metrics.-- ``(1) In general.--Data submitted to the Secretary under subsections (a) and (b) shall be used to calculate all student- level components of IPEDS. ``(2) Additional measures to be calculated.--In addition to the student-level component outcome measures required to be calculated by the Secretary on the day before the date of enactment of the Student Right to Know Before You Go Act of 2015, the Secretary shall, beginning not later than 2 years after the date of enactment of the Student Right to Know Before You Go Act of 2015, also calculate, at the institutional and program-specific levels, the following: ``(A) The percentage of students who receive-- ``(i) Federal grants; ``(ii) Federal loans; ``(iii) State grants; ``(iv) State loans; ``(v) institutional grants; or ``(vi) institutional loans. ``(B) The average amount of total Federal loan debt upon student graduation assumed by students while enrolled at the institution. ``(C) The average amount of total Federal loan debt of students who do not complete a program of study 2 years after the students' last known enrollment in any institution of higher education. ``(D) Student transfer rates by sector of transfer, which shall be defined as the percentage of students who leave an institution and successfully enroll in and complete a program of study at another institution, including whether the receiving institution is a public 4-year institution, public 2-year institution, public less-than-2-year institution, private nonprofit 4-year institution, private nonprofit 2-year institution, private nonprofit less-than-2-year institution, private for-profit 4-year institution, private for-profit 2- year institution, or private for-profit less-than-2- year institution. ``(E) Rates of continuation to higher levels of education. ``(F) The percentage of students who receive the degree level they initially sought. ``(G) The outcome measures described in subparagraphs (A) through (F), in addition to all student-level components of IPEDS required to be reported on the day before the date of enactment of the Student Right to Know Before You Go Act of 2015, disaggregated on the basis of the following student types: ``(i) Students who received a Federal Pell Grant. ``(ii) Students who received a loan under part B or part D, but not a Federal Pell Grant. ``(iii) Students who received neither a Federal Pell Grant, nor a loan under part B or part D. ``(iv) Students who are identified as veterans or members of the Armed Forces who received assistance under the Post-9/11 Veterans Educational Assistance Program under chapter 33 of title 38, United States Code, or tuition assistance under the laws administered by the Secretary of Defense. The Secretary of Veterans Affairs and Secretary of the Department of Defense shall coordinate with the Secretary to make available data sufficient to enable such reporting under this clause. ``(v) Enrollment status, including the following: ``(I) First-time, full-time students. ``(II) First-time, part-time students. ``(III) Non-first-time, full-time students. ``(IV) Non-first-time, part-time students. ``(vi) Enrollment intensity while enrolled at the institution, including the following: ``(I) Full-time only. ``(II) Part-time only. ``(III) Mixed enrollment, both full- and part-time. ``(H) Earning metrics, generated through a system established by the Secretary in cooperation with the Commissioner of Social Security and using the student components of IPEDS, that shall include-- ``(i) median annual earnings and employment metrics, disaggregated by-- ``(I) educational program based on CIP code; ``(II) credential received; ``(III) educational institution; and ``(IV) State of employment; and ``(ii) the disaggregated median annual earnings for each of the categories described in subclauses (I) through (IV) of clause (i), further disaggregated for each of the following time periods: ``(I) 2 years after educational program completion. ``(II) 6 years after educational program completion. ``(III) 15 years after educational program completion. ``(I) Other information determined necessary by the Secretary. ``(3) Consultation.--In carrying out this section, the Secretary shall consult extensively with State offices with existing, as of the date of the consultation, student-level data collections from public and private institutions, particularly in the formulation of the calculation and reporting standards outlined in this subsection and subsections (a) and (b), and the public access to data under subsection (e)(2). ``(4) Guidelines.--The Secretary shall issue guidelines to institutions of higher education regarding the amendments needed to the annual privacy notices required under section 444(c)(3) of the General Education Provisions Act (commonly referred to as the `Family Educational Rights and Privacy Act of 1974') of the institutions in order to reference the data collection required under this section. ``(d) Unauthorized Uses.-- ``(1) In general.--Any personally identifiable information collected for the data system under this section shall not be used for any use that is not either specifically authorized by this section or permitted as a disclosure under this section. ``(2) No federal action.--No action of Federal authority may be taken against an individual based on data collected for the data system developed under this section. No Federal agency, officer, or employee and no recipient of a Federal grant, contract, or cooperative agreement may, for any reason, require the Secretary or any employee of the Secretary to disclose personally identifiable information that has been collected or retained under this section. ``(3) Immunity.--Personally identifiable information collected or retained under this section shall be immune from legal process and shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. ``(4) No institution action.--An institution of higher education may not use the data system developed under this section, or data accessed through such system, to take any action against an individual. ``(5) Application.--This subsection shall not apply to requests for personally identifiable information submitted by or on behalf of the individual identified in the information. Any such individual has the right to request and receive from the Secretary the data containing personally identifiable information collected on the individual's behalf, upon demonstrating the individual's identity to the satisfaction of the Secretary. ``(e) Permissible Disclosures.-- ``(1) Disclosure limitation.--In carrying out the public reporting and disclosure requirements of this Act, the Secretary shall use appropriate statistical disclosure limitation techniques necessary such that the data released to the public cannot include personally identifiable information or be used to identify specific individuals. ``(2) Public availability.-- ``(A) In general.--The Secretary shall post the aggregate data collected under this section on a website of the Department in a timely and user-friendly manner. ``(B) Additional research availability.--The Secretary may make available the non-personally identifiable data set used to prepare the data for the website in accordance with subparagraph (A) to researchers performing studies or evaluations approved by the Secretary or the Director of the Institute of Education Sciences. ``(C) Enabling administrative improvement by institutions of higher education.--The Secretary shall create a process through which institutions of higher education participating in programs under this title and States may request and receive from the Department aggregate student outcome data for the purposes of institutional improvement and program evaluation. The Secretary shall promulgate regulations to ensure fair and equitable access to such data. ``(3) No sale of data.--The Secretary shall not sell any data collected under this section, including the public use data set available under paragraph (2)(B), to any third party. ``(f) Ensuring Comparability of Data Metric.--For a period of 5 years following the date of enactment of the Student Right to Know Before You Go Act of 2015, the Secretary shall be responsible for publishing all student-level components of IPEDS as such components would have been produced on the day before the date of enactment of the Student Right to Know Before You Go Act of 2015. ``(g) Felony for Willful Disclosure.-- ``(1) In general.--It shall be unlawful for any person who obtains or has access to personally identifiable information in connection with the data system described in this section to willfully disclose such personally identifiable information, in any manner, to any person that is not entitled to receive the information. ``(2) Penalty.--Any person who violates paragraph (1) shall be found guilty of a felony and imprisoned for not more than 5 years, or fined as specified in section 3571 of title 18, United States Code, or both. ``(h) Protection of Data.--The Secretary shall promulgate and periodically review guidance and regulations relating to security, which shall govern the access, use, and disclosure of data collected in connection with the activities authorized in this Act. The regulations developed and reviewed shall be consistent with the need to protect data from unauthorized access, use, and disclosure, and shall include-- ``(1) an audit capability; ``(2) access controls; and ``(3) requirements to ensure sufficient data security, quality, validity, and reliability. ``(i) Definition of Personally Identifiable Information.--In this section, the term `personally identifiable information' includes-- ``(1) a student's name; ``(2) the name of a student's parent or other family members; ``(3) the address of a student or student's family; ``(4) a personal identifier, such as a student's social security number, student number, or biometric record; ``(5) other indirect identifiers, such as a student's date of birth, place of birth, and mother's maiden name; ``(6) other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or ``(7) information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2024.''.", "summary": "Student Right to Know Before You Go Act of 2015 This bill amends the Higher Education Act of 1965 to modify reporting requirements for institutions of higher education (IHEs) that participate in title IV federal financial aid programs. Currently, to retain title IV eligibility, IHEs must report data to the Department of Education (ED) through the Integrated Postsecondary Education Data System (IPEDS). This bill requires IHEs to submit additional student enrollment data to ED to enable coding and reporting on students' level of academic preparation. It also requires ED to calculate additional outcome measures by institution and program, including: the percentage of students who receive federal, state, or institutional grants or loans; the average amount of federal loan debt upon graduation; the average amount of total federal loan debt of students who do not complete a program of study; student transfer rates; rates of continuation to higher levels of education; and the percentage of students who receive the degree they initially sought. ED must report additional outcome measures established by this Act, as well as all existing student data in IPEDS, based on these student types: receipt or non-receipt of federal Pell Grants, receipt or non-receipt of Stafford Loans,  participation in the Post-9/11 Veterans Educational Assistance Program, enrollment status, and enrollment intensity. ED must also, in cooperation with the Social Security Administration, make publicly available data on employment metrics and median annual earnings 2 years, 6 years, and 15 years after program completion. ED must report the data by: education program, credential received, institution, and state of employment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting America's Young Entrepreneurs Act of 2016''. SEC. 2. SMALL BUSINESS START-UP EMPLOYEE LOAN DEFERMENT AND CANCELLATION. (a) Deferment.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) in paragraph (1), by striking ``A borrower of a loan'' and inserting ``Except as provided in paragraph (5), a borrower of a loan''; and (2) by adding at the end the following: ``(5) No interest deferment eligibility for founders of small business start-ups.--A borrower of a loan made under this part shall be eligible for a deferment, during which periodic installments of principal and interest need not be paid, during any period not in excess of 3 years during which the borrower is employed as a founder of a small business start-up (as defined in subsection (r)(3)).''. (b) Loan Cancellation.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Cancellation for Certain Small Business Start-Up Employees.-- ``(1) Founder of a small business start-up in a distressed area.-- ``(A) In general.--The Secretary shall cancel $20,000 of the balance of interest and principal due, in accordance with subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 24 monthly payments on the eligible Federal Direct Loan after the date of the enactment of this subsection pursuant to any one or a combination of payments under a repayment plan under subsection (d)(1) or (g); ``(ii) has been employed as a founder of a small business start-up in a distressed area during the period in which the borrower makes each of the 24 payments; ``(iii) is employed as a founder of a small business start-up in a distressed area at the time of such cancellation; and ``(iv) is approved for loan cancellation by the young entrepreneurs business center under section 47 of the Small Business Act (16 U.S.C. 631 et seq.). ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (2); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(2) Employee of a small business start-up.-- ``(A) In general.--The Secretary shall cancel $3,000 of the balance of interest and principal due, in accordance with subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 12 monthly payments on the eligible Federal Direct Loan after the date of the enactment of this subsection pursuant to any one or a combination of payments under a repayment plan under subsection (d)(1) or (g); ``(ii) has been employed in a small business start-up job during the period in which the borrower makes each of the 12 payments; and ``(iii) is employed in a small business start-up job at the time of such cancellation. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $3,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $15,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (1); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(3) Definitions.--In this subsection: ``(A) Distressed area.--The term `distressed area' means an area identified under section 47 of the Small Business Act (16 U.S.C. 631 et seq.). ``(B) Eligible federal direct loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. ``(C) Founder.--The term `founder' shall have the meaning given such term by the Administrator of the Small Business Administration under this paragraph. ``(D) Small business start-up.--The term `small business start-up' means a business that is certified by the young entrepreneurs business center under section 47 of the Small Business Act (16 U.S.C. 631 et seq.). ``(E) Small business start-up job.--The term `small business start-up job' means a full-time job as an employee of a small business start-up.''. SEC. 3. LOAN REFINANCING. (a) In General.--Part D of title IV of the Higher Education Act of 1965 is amended by adding at the end the following: ``SEC. 460. FEDERAL DIRECT REFINANCED PRIVATE LOAN PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible private education loan.--The term `eligible private education loan' means a private education loan, as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)), that was for the borrower's own postsecondary educational expenses for an eligible program at an institution of higher education participating in the loan program under this part, as of the date that the loan was disbursed. ``(2) Federal direct refinanced private loan.--The term `Federal Direct Refinanced Private Loan' means a loan issued under subsection (b)(1). ``(3) Private educational lender.--The term `private educational lender' has the meaning given the term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). ``(4) Qualified borrower.--The term `qualified borrower' means an individual who-- ``(A) has an eligible private education loan; ``(B) has been current on payments on the eligible private education loan for the 6 months prior to the date of the qualified borrower's application for refinancing under this section, and is in good standing on the loan at the time of such application; ``(C) is not in default on the eligible private education loan or on any loan made, insured, or guaranteed under this part or part B or E; and ``(D) meets the eligibility requirements described in subsection (b)(2). ``(b) Program Authorized.-- ``(1) In general.--The Secretary, in consultation with the Secretary of the Treasury, shall carry out a program under which the Secretary, upon application by a qualified borrower who has an eligible private education loan, shall issue such borrower a loan under this part in accordance with the following: ``(A) The loan issued under this program shall be in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the private education loan. ``(B) The Secretary shall pay the proceeds of the loan issued under this program to the private educational lender of the private education loan, in order to discharge the qualified borrower from any remaining obligation to the private educational lender with respect to the original private education loan. ``(C) The Secretary shall require that the qualified borrower undergo loan counseling that provides all of the information and counseling required under clauses (i) through (viii) of section 485(b)(1)(A) before the loan is refinanced in accordance with this section, and before the proceeds of such loan are paid to the private educational lender. ``(D) The Secretary shall issue the loan as a Federal Direct Refinanced Private Loan, which shall have the same terms, conditions, and benefits as a Federal Direct Subsidized Loan, except as otherwise provided in this section. ``(2) Borrower eligibility.--Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall establish eligibility requirements-- ``(A) to ensure eligibility only for qualified borrowers in good standing; ``(B) to minimize inequities between Federal Direct Refinanced Private Loans and other Federal student loans; ``(C) to preclude windfall profits for private educational lenders; and ``(D) to ensure full access to the program authorized in this subsection for borrowers with private loans who otherwise meet the criteria established in accordance with subparagraphs (A) and (B). ``(c) Interest Rate.-- ``(1) In general.--The interest rate for a Federal Direct Refinanced Private Loan is, in the case a private education loan originally issued for undergraduate, graduate, or professional degree postsecondary educational expenses, a rate equal to the rate for Federal Direct Subsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017. ``(2) Fixed rate.--The applicable rate of interest determined under this subsection for a Federal Direct Refinanced Private Loan shall be fixed for the period of the loan. ``(d) Treatment of Loans.--Nothing in this section shall affect the ability of a borrower to qualify for loan repayment under a repayment plan under subsection (d)(1) or (g) of section 455.''. (b) Notice of Potential Eligibility.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following new paragraph: ``(12) Notice required along with billing statements.-- Along with each billing statement sent to the borrower, the private educational lender shall include a statement informing the borrower that the borrower may be eligible for the Federal Direct Refinanced Private Loan program established under section 460 of the Higher Education Act of 1965.''. SEC. 4. YOUNG ENTREPRENEURS BUSINESS CENTER. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: ``SEC. 47. YOUNG ENTREPRENEURS BUSINESS CENTER. ``(a) Establishment.--There is established within the Administration a young entrepreneurs business center that shall, for purposes of loan cancellation for start-up employees established under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e)-- ``(1) certify small business start-ups under subsection (b); ``(2) identify distressed areas under subsection (c); and ``(3) approve loan cancellation for founders of small business start-ups in distressed areas under subsection (d). ``(b) Certification.-- ``(1) Application.--To be certified by the young entrepreneurs business center, a small business start-up shall submit an application to the Administrator that includes-- ``(A) a 5-year business plan for such small business start-up; and ``(B) the number of employees the small business start-up intends to employ on a yearly basis. ``(2) Requirements.--The young entrepreneurs business center may not certify a small business start-up unless such small business start-up, on the date the application is submitted under paragraph (1)-- ``(A) has a founder who is a recent graduate of a 4-year institution of higher education; ``(B) is a start-up for which at least 50 percent of the employees of the start-up are recent graduates of such an institution. ``(c) Distressed Area.-- ``(1) In general.--Not less than once every 3 years after the date of the enactment of this section, the young entrepreneurs business center shall identify and make publically available on the website of the Administration a list of distressed areas. ``(2) Requirements.--A distressed area identified under paragraph (1) shall be a county or equivalent division of local government of a State in which the small business concern is located that-- ``(A) has, for the most recent 24-month period for which statistics are available-- ``(i) a per capita income of 80 percent or less of the national average; or ``(ii) an unemployment rate that is 1 percent greater than the national average; and ``(B) the young entrepreneurs business center determines would economically benefit from having small business start-ups established in such area. ``(d) Loan Cancellation for Founders of a Small Business Start-Up in a Distressed Area.--For purposes of loan cancellation under subsection (r)(1) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) the young entrepreneurs business center shall approve a founder of a small business start-up in a distressed area if such founder-- ``(1) established a small business start-up that-- ``(A) on the date such small business start-up was established, was located in a distressed area identified by the young entrepreneurs business center under subsection (c) not more than 3 years before such date of establishment; ``(B) was certified under subsection (b); and ``(C) on the date of approval under this subsection, has been operating continuously for not less than 5 years; and ``(2) was employed as a founder of a small business start- up in a distressed area during the period in which such founder made the 24 payments described in subsection (r)(1)(A) of such section 455. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). ``(2) Small business start-up.--The term `small business start-up' means a small business concern that-- ``(A) is not yet in existence; or ``(B) has been in existence for not more than 3 years.''. SEC. 5. TREATMENT OF LOAN CANCELLATION. (a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (b) Effective Date.--The amendment made by this section shall apply to discharges of indebtedness occurring after the date of the enactment of this Act.", "summary": "Supporting America's Young Entrepreneurs Act of 2016 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to make eligible for deferment and cancellation under the Federal Direct Loan program a borrower who is an employee or founder of a small business start-up in a distressed area. It also amends the Internal Revenue Code to exclude from an individual's gross income the amount of such canceled student loan debt. The bill establishes a Federal Direct Refinanced Private Loan program to refinance private education loans. Finally, it establishes a young entrepreneurs business center within the Small Business Administration to certify small business start-ups, identify distressed areas, and approve loan cancelation for founders of small business start-ups."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Catching Operational Vulnerabilities by Ensuring Random Testing Act of 2008'' or the ``COVERT Act of 2008''. SEC. 2. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO SECURITY SCREENERS. Section 111 of the Aviation and Transportation Security Act (Public Law 107-71; 49 U.S.C. 44935 note) is amended-- (1) by striking the section enumerator and heading and inserting the following: ``SEC. 111. TRAINING, EMPLOYMENT, AND TESTING OF SECURITY SCREENING PERSONNEL.''; AND (2) by adding at the end the following: ``(e) Prohibition of Advance Notice to Security Screeners of Covert Testing and Evaluation.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that information concerning a covert test of a transportation security system to be conducted by a covert testing office, the Inspector General of the Department of Homeland Security, or the Government Accountability Office is not provided to any individual prior to the completion of the test. ``(2) Exceptions.--Notwithstanding paragraph (1)-- ``(A) an individual may provide information concerning a covert test of a transportation security system to employees, officers, and contractors of the Federal Government (including military personnel); employees and officers of State and local governments; and law enforcement officials, who are authorized to receive or directed to be provided such information by the Assistant Secretary of Homeland Security (Transportation Security Administration), the Inspector General of the Department of Homeland Security, or the Comptroller General of the United States, as the case may be; and ``(B) for the purpose of ensuring the security of any individual in the vicinity of a site where a covert test of a transportation security system is being conducted, an individual conducting the test may disclose his or her status as an individual conducting the test to any appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting the test as a potential threat. ``(3) Special rules for the transportation security administration.-- ``(A) Monitoring and security of testing personnel.--The head of each covert testing office shall ensure that a person or group of persons conducting a covert test of a transportation security system for the covert testing office is accompanied at the site of the test by a cover team comprised of one or more employees of the covert testing office for the purpose of monitoring the test and confirming the identity of personnel involved in the test under subparagraph (B). ``(B) Responsibility of cover team.--Under this paragraph, a cover team for a covert test of a transportation security system shall-- ``(i) monitor the test; and ``(ii) for the purpose of ensuring the security of any individual in the vicinity of a site where the test is being conducted, confirm, notwithstanding paragraph (1), the identity of any individual conducting the test to any appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting the test as a potential threat. ``(C) Aviation screening.--Notwithstanding subparagraph (A), the Transportation Security Administration is not required to have a cover team present during a test of the screening of persons, carry-on items, or checked baggage at an aviation security checkpoint at or serving an airport if the test-- ``(i) is approved by the Federal Security Director for such airport; and ``(ii) is carried out under an aviation screening assessment program of the Department of Homeland Security. ``(D) Use of other personnel.--The Transportation Security Administration may use employees, officers, and contractors of the Federal Government (including military personnel) and employees and officers of State and local governments to conduct covert tests. ``(4) Impact study and report on covert testing procedures.-- ``(A) Impact study.--The Secretary of Homeland Security shall conduct a study of the impact of the implementation of this subsection on the Department of Homeland Security's efforts to improve transportation security. ``(B) Requirements.--The study under subparagraph (A) shall include an assessment of-- ``(i) the impact of the implementation of this subsection on personnel of the Department of Homeland Security; ``(ii) the impact of such implementation on information sharing within the Department; ``(iii) best practices for integrating the topic of covert testing into existing training and testing programs for personnel of the Department; and ``(iv) the effectiveness of covert testing as a method to improve security. ``(C) Report.--Not later than 270 days after the date of the enactment of this subsection, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains-- ``(i) the results of the study under subparagraph (A); ``(ii) recommendations for changes to the training of personnel of the Department that are necessary to ensure compliance with the requirements of this subsection; and ``(iii) recommendations to improve the effectiveness of the implementation of this subsection. ``(5) Definitions.--For purposes of this subsection, the following definitions apply: ``(A) Appropriate individual.--The term `appropriate individual', as used with respect to a covert test of a transportation security system, means any individual that-- ``(i) the individual conducting the test determines needs to know his or her status as an individual conducting a test under paragraph (2)(B); or ``(ii) the cover team monitoring the test under paragraph (3)(B)(i) determines needs to know the identity of an individual conducting the test. ``(B) Covered employee.--The term `covered employee' means any individual who receives notice of a covert test before the completion of a test under paragraph (2)(A). ``(C) Covert test.-- ``(i) In general.--The term `covert test' means an exercise or activity conducted by a covert testing office, the Inspector General of the Department of Homeland Security, or the Government Accountability Office to intentionally test, compromise, or circumvent transportation security systems to identify vulnerabilities in such systems. ``(ii) Limitation.--Notwithstanding clause (i), the term `covert test' does not mean an exercise or activity by an employee or contractor of the Transportation Security Administration to test or assess compliance with regulations under title 49 of the Code of Federal Regulations. ``(D) Covert testing office.--The term `covert testing office' means any office of the Transportation Security Administration designated by the Assistant Secretary of Homeland Security (Transportation Security Administration) to conduct covert tests of transportation security systems. ``(E) Employee of a covert testing office.--The term `employee of a covert testing office' means an individual who is an employee of a covert testing office or a contractor or an employee of a contractor of a covert testing office.''. Passed the House of Representatives June 18, 2008. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Catching Operational Vulnerabilities by Ensuring Random Testing Act of 2008, or the COVERT Act of 2008 - Amends the Aviation and Transportation Security Act to require the Secretary of Homeland Security to make sure that advance notice of a covert test of a transportation security system is not provided to any individual (including any security screener) before completion of the test, except: (1) that such information may be provided to certain federal, state, and local government employees, officers, and contractors (including military personnel); and (2) an individual conducting such a test may disclose his or her status if a security screener or other non-covered employee identifies such tester as a potential threat. Requires the head of each covert testing office to make sure that a covert testing person or group is accompanied by a cover team to monitor the test and confirm the identity of personnel involved. States, however, that a cover team is not required to be present during a test of the screening of persons or baggage at an aviation security checkpoint if the test: (1) is approved by the Federal Security Director for the airport; and (2) is administered under an aviation screening assessment program of the Department of Homeland Security. Directs the Secretary of Homeland Security to study and report to Congress on the impact of implementing covert testing procedures under this Act on the Department's efforts to improve transportation security."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Care Coordination for Older Americans Act of 2012''. SEC. 2. DECLARATION OF OBJECTIVES. Section 101(4) of the Older Americans Act of 1965 (42 U.S.C. 3001(4)) is amended by inserting ``care coordination and'' after ``including''. SEC. 3. DEFINITIONS. Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended by adding at the end the following: ``(55)(A) The term `care coordination' means a person- and family-centered, assessment-based, and interdisciplinary approach to meet the needs and preferences of an older individual and a family caregiver while enhancing the capabilities of the older individual (including the ability to self-direct services). ``(B) The term `care coordination' means coordination that-- ``(i) integrates health care, long-term services and supports, housing, and social support services in a high-quality and cost-effective manner in which an individual's needs, preferences, and capabilities are assessed, along with the needs and preferences of a family caregiver; ``(ii) includes, as a core element, the active involvement of the older individual, the family, or a representative appointed by the older individual or legally acting on the individual's behalf, community- based service professionals, and health care professionals providing care to the older individual, in the design and implementation of an individualized, individual-centered service and support plan, through which the services and supports will be provided in a manner free from conflicts of interest; ``(iii) integrates services and interventions that are implemented, monitored, and evaluated for effectiveness using an evidence-based process, which typically involves a designated lead care coordinator and involves feedback from the older individual; ``(iv) includes activities that aim simultaneously at meeting individual and family needs and preferences, building on individual capabilities, and improving outcomes and systems of care; ``(v) includes provision of some or all of the services and activities described in clauses (i) through (iv) by trained professionals employed by or under a contract with-- ``(I) area agencies on aging; ``(II) Aging and Disability Resource Centers; or ``(III) other service providers, including in-home service providers; and ``(vi) is not furnished to directly diagnose, treat, or cure a medical disease or condition.''. SEC. 4. FUNCTIONS OF THE ASSISTANT SECRETARY. Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)) is amended-- (1) in paragraph (27), by striking ``and'' at the end; (2) in paragraph (28), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(29)(A) encourage, provide technical assistance to, and share best practices with, States, area agencies on aging, Aging and Disability Resource Centers, and service providers to carry out outreach and coordinate activities with health care entities in order to assure better care coordination for individuals with multiple chronic illnesses; and ``(B) coordinate activities with other Federal agencies that are working to improve care coordination and developing new models and best practices.''. SEC. 5. ORGANIZATION. Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 3025(g)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(4) the State agency shall promote the development and implementation of a State system to address the care coordination needs of older individuals with multiple chronic illnesses, and shall work with acute care providers, area agencies on aging, service providers, and Federal agencies to ensure that the system uses best practices and is evaluated on its provision of care coordination.''. SEC. 6. AREA PLANS. Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended-- (1) in paragraph (4)(B)(i)(VII) by inserting ``with multiple chronic illnesses or'' after ``older individuals''; (2) in paragraph (6)(D), by inserting ``(including acute care providers)'' after ``service providers''; (3) in paragraph (16), by striking ``and'' at the end; (4) in paragraph (17) by striking the period and inserting ``; and''; and (5) by adding at the end the following: ``(18) provide assurances that the area agency on aging will-- ``(A) identify existing (as of the date of submission of the plan) care coordination programs and systems; ``(B) identify unmet community need for care coordination; ``(C) facilitate the development and implementation of an area-wide system to address the care coordination needs of older individuals with multiple chronic illnesses; and ``(D) work with acute care providers, service providers, and Federal and State agencies to ensure that the system uses best practices in its provision of care coordination.''. SEC. 7. STATE PLANS. Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended-- (1) in paragraph (2)(A), by inserting ``care coordination,'' after ``information and assistance,''; (2) in paragraph (17), by striking ``and develop collaborative programs, where appropriate,'' and inserting ``, ensure care coordination, and (where appropriate) develop collaborative programs,''; (3) in paragraph (18), in the matter preceding subparagraph (A), by inserting ``and ensure care coordination that integrates long-term care services and other care services,'' before ``for older''; (4) in paragraph (23), by striking ``with other State services'' and inserting ``with other Federal and State health care programs and services''; and (5) by adding at the end the following: ``(31) The plan shall provide assurances that the area agencies on aging in the State will facilitate the area-wide development and implementation of an area-wide system to address the care coordination needs of older individuals with multiple chronic illnesses, and work with acute care providers, service providers, and other Federal and State agencies to ensure that the system uses best practices and is evaluated on its provision of care coordination.''.", "summary": "Care Coordination for Older Americans Act of 2012 - Amends the Older Americans Act of 1965 to make it a duty and function of the Administration on Aging (AOA) in the Department of Health and Human Services (HHS) to provide technical assistance to, and share best practices with, states, area agencies on aging, Aging and Disability Resource Centers, and service providers to carry out outreach and coordinate activities with health care entities in order to assure better care coordination for individuals with multiple chronic illnesses. Requires AOA also to coordinate activities with other federal agencies working to improve care coordination and developing new models and best practices. Requires the designated state agency to promote the development and implementation of a state system to: (1) address the care coordination needs of older individuals with multiple chronic illnesses; and (2) work with acute care providers, area agencies on aging, service providers, and federal agencies to ensure that the system uses best practices. Requires area and state plans to provide assurances that the area agencies on aging will facilitate the area-wide development and implementation of an area-wide system to address the care coordination needs of older individuals with multiple chronic illnesses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bond Financing Renewal Act of 2003''. SEC. 2. MODIFICATIONS TO SMALL ISSUE BOND PROVISIONS. (a) Increase in Amount of Qualified Small Issue Bonds Permitted for Facilities To Be Used by Related Principal Users.-- (1) In general.--Clause (i) of section 144(a)(4)(A) of the Internal Revenue Code of 1986 (relating to $10,000,000 limit in certain cases) is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. (2) Cost-of-living adjustment.--Section 144(a)(4) of such Code is amended by adding at the end the following: ``(G) Cost-of-living adjustment.--In the case of a taxable year beginning in a calendar year after 2003, the $20,000,000 amount under subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof.''. (3) Clerical amendment.--The heading of paragraph (4) of section 144(a) of such Code is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. (4) Effective date.--The amendments made by this subsection shall apply to-- (A) obligations issued after the date of the enactment of this Act, and (B) capital expenditures made after such date with respect to obligations issued on or before such date. (b) Definition of Manufacturing Facility.-- (1) In general.--Section 144(a)(12)(C) of such Code (defining manufacturing facility) is amended to read as follows: ``(C) Manufacturing facility.--For the purposes of this paragraph, the term `manufacturing facility' means any facility-- ``(i) which is used in the manufacture of tangible personal property (including the processing resulting in a change in the condition of such property), ``(ii) which is used in the manufacture, development, or production of specifically developed software products or processes if-- ``(I) it takes more than 6 months to develop or produce such products, ``(II) the development or production could not with due diligence be reasonably expected to occur in less than 6 months, and ``(III) the software product or process comprises programs, routines, and attendant documentation developed and maintained for use in computer and telecommunications technology, or ``(iii) which is used in the manufacture, development, or production of specially developed biobased or bioenergy products or processes if-- ``(I) it takes more than 6 months to develop or produce, ``(II) the development or production could not with due diligence be reasonably expected to occur in less than 6 months, and ``(III) the biobased or bioenergy product or process comprises products, processes, programs, routines, and attendant documentation developed and maintained or the utilization of biological materials in commercial or industrial products, or renewable domestic agricultural or forestry materials in commercial or industrial products, or for the utilization of biomass materials. ``(D) Related facility.--For purposes of subparagraph (C), the term `manufacturing facility' includes facilities that are directly and functionally related to a manufacturing facility (determined without regard to this sentence) if-- ``(i) such facilities, including an office facility and a research and development facility, are located on the same site as the manufacturing facility, and ``(ii) not more than 40 percent of the net proceeds of the issue are used to provide such facilities, but shall not include a facility solely for research and development activities.''. (2) Effective date.--The amendment made by this subsection shall apply to obligations issued after the date of the enactment of this Act. SEC. 3. ACQUISITION INTEREST EXPENSES OF FINANCIAL INSTITUTIONS FOR SMALL ISSUE BONDS MADE DEDUCTIBLE. (a) In General.--Clause (ii) of section 265(b)(3)(B) of the Internal Revenue Code of 1986 (relating to certain bonds not treated as private activity bonds) is amended by striking ``or'' at the end of subclause (I), by striking the period at the end of subclause (II) and inserting ``, or'', and by inserting after subclause (II) the following new subclause: ``(III) any obligation which is a qualified small issue bond described in section 144(a)(12)(B) if such obligation is part of an issue the aggregate authorized face amount of which is less than $2,000,000.''. (b) Effective Date.--The amendment made by this section shall apply to obligations issued after the date of the enactment of this Act.", "summary": "Bond Financing Renewal Act of 2003 - Amends the Internal Revenue Code regarding qualified small issue bonds to: (1) increase the cap and capital expenditure amounts from $10 million to $20 million, with an inflation adjustment beginning in 2004; and (2) expand the definition of \"manufacturing facility\" to include certain biotech and software production."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom and Human Rights for the Enclaved People of Cyprus Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The respect for fundamental freedom and human rights, especially in those countries that are allies of the United States, is a cornerstone of United States foreign policy. (2) Among the purposes of United States foreign assistance is to promote human rights. (3) United States foreign assistance should be utilized to end the imposition of restrictions on the freedoms and human rights of the enclaved people of Cyprus. (4) Among the restrictions of freedom and human rights to which the enclaved people of Cyprus are subjected are the following: (A) Restrictions on the freedom to worship, including restrictions on times and places for such worship. (B) Restrictions on communication with individuals living outside the area of the enclaved, including a requirement that an individual from among those in control be present during any such communication. (C) Prohibition on the possession of telephones in homes. (D) A requirement that an enclaved individual receive permission from an individual from among those in control before leaving the enclaved area. (E) Censorship of mail sent to and from the enclaved area. (F) A requirement that enclaved males aged 18 to 50 report once a week to those in control. (G) Restrictions on the provision of educational services, including-- (i) lack of replacement elementary school teachers and lack of educational facilities beyond elementary school; (ii) a requirement that an enclaved individual who chooses to leave home for education beyond elementary school may return home not more than three times a year; and (iii) a requirement that enclaved males 16 years of age or older and enclaved females 18 years of age or older who choose to leave home for education beyond elementary school may not return home at all. (H) Violation of property rights, including confiscation of property without compensation. (I) Lack of compensation for work performed. (J) Harassment, beating, rape, and murder without adequate protection or investigation. SEC. 3. UNITED STATES EFFORTS TO ALLEVIATE AND ELIMINATE THE RESTRICTIONS ON THE ENCLAVED PEOPLE IN CYPRUS. (a) In General.--The President shall take steps-- (1) to inform the United Nations, foreign governments, and the appropriate departments and agencies of the United States Government of the restrictions on the enclaved people of Cyprus, (2) to enlist the United Nations and foreign governments in efforts to end restrictions on the freedom and human rights of the enclaved people of Cyprus, and (3) to establish United States Government programs of assistance to the enclaved people of Cyprus, consistent with subsection (b), and to undertake efforts for the alleviation and elimination of restrictions on the enclaved. (b) Establishment of Assistance Programs.-- (1) In general.--The President-- (A) shall, to the extent practicable, use funds allocated for a fiscal year to the government or ethnic community participating directly or indirectly in imposition of restrictions on the freedom and human rights of the enclaved people of Cyprus to assist such people, or (B) in the absence of such funds, shall establish a foreign assistance program for the enclaved people of Cyprus. (2) Use of funds.--Assistance for the enclaved people of Cyprus under paragraph (1) shall include-- (A) programs to eliminate specific aspects of the restrictions of freedom and human rights on the enclaved people of Cyprus; and (B) programs to return ancestral homes and lands to the enclaved people, including United States citizens, who have been forcibly expelled, or those individuals who have fled the enclaved areas or other areas of Cyprus in fear of severe restrictions of freedom, human rights abuses, or violation of property rights. (c) Notification of Opposition to Restrictions of Freedom and Human Rights Abuses.--The President-- (1) shall notify in writing each fiscal year the head of government of any foreign country that is participating, directly or indirectly, in the restrictions on freedom and human rights of the enclaved people of Cyprus of the opposition by the United States to that government's participation in such restrictions; and (2) shall urge the head of such government to cease participation in such restrictions and to work to eliminate such restrictions. (d) Monitoring and Reporting Requirements.--The Secretary of State shall include a report on the enclaved people of Cyprus as part of the annual Department of State's Country Reports on Human Rights Practices. SEC. 4. UNITED NATIONS EFFORTS TO RESOLVE THE RESTRICTIONS ON THE ENCLAVED PEOPLE IN CYPRUS. The President shall direct the United States representative to the United Nations-- (1) to urge the United Nations High Commissioner for Refugees to address and solve the plight of those enclaved on Cyprus; and (2) to call upon the United Nations Human Rights Commissioner to investigate the plight of the enclaved on Cyprus and to implement appropriate and effective corrective action.", "summary": "Freedom and Human Rights for the Enclaved People of Cyprus Act - Directs the President to establish U.S. efforts to: (1) inform the United Nations, foreign governments, and appropriate Federal departments and agencies of the freedom and human rights restrictions on the enclaved people of Cyprus; (2) enlist the United Nations and foreign governments in efforts to end such restrictions; (3) establish U.S. Government programs of assistance to the people of Cyprus and efforts for the elimination of the restrictions; and (4) use funds allocated to the government or ethnic community participating in the imposition of such restrictions on the promotion of freedom and human rights for the people of Cyprus, or in the absence of such funds, establish a foreign assistance program for them. Requires the President to direct the U.S. representative to the United Nations to: (1) urge the U.N. High Commissioner for Refugees to address and solve the plight of those enclaved on Cyprus; and (2) call upon the U.N. Human Rights Commissioner to investigate their plight and implement appropriate corrective action."}
{"article": "SECTION 1. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM. Subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) is amended by adding at the end the following: ``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM. ``(a) Demonstration Program Authority.-- ``(1) In general.--The Secretary is authorized to carry out an Early Federal Pell Grant Commitment Demonstration Program under which-- ``(A) the Secretary awards grants to 4 State educational agencies, in accordance with paragraph (2), to pay the administrative expenses incurred in participating in the demonstration program under this section; and ``(B) the Secretary awards Federal Pell Grants to participating students in accordance with this section. ``(2) Grants.-- ``(A) In general.--From amounts appropriated under subsection (g) for a fiscal year, the Secretary is authorized to award grants to 4 State educational agencies to enable the State educational agencies to pay the administrative expenses incurred in participating in a demonstration program under which students in 8th grade who are eligible for a free or reduced price meal receive a commitment to receive a Federal Pell Grant early in their academic careers. ``(B) Equal amounts.--The Secretary shall award grants under this section in equal amounts to each of the 4 participating State educational agencies. ``(b) Demonstration Project Requirements.--Each of the 4 demonstration projects assisted under this section shall meet the following requirements: ``(1) Participants.-- ``(A) In general.--The State educational agency shall make participation in the demonstration project available to 2 cohorts of students, which shall consist of-- ``(i) 1 cohort of 8th grade students who begin the participation in academic year 2007- 2008; and ``(ii) 1 cohort of 8th grade students who begin the participation in academic year 2008- 2009. ``(B) Students in each cohort.--Each cohort of students shall consist of not more than 10,000 8th grade students who qualify for a free or reduced price meal under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966. ``(2) Student data.--The State educational agency shall ensure that student data from local educational agencies serving students who participate in the demonstration project, as well as student data from local educational agencies serving a comparable group of students who do not participate in the demonstration project, are available for evaluation of the demonstration project. ``(3) Federal pell grant commitment.--Each student who participates in the demonstration project receives a commitment from the Secretary to receive a Federal Pell Grant during the first academic year that student is in attendance at an institution of higher education as an undergraduate, if the student applies for Federal financial aid (via the FAFSA) during the student's senior year of secondary school and during succeeding years. ``(4) Applicability of federal pell grant requirements.-- The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that the amount of each participating student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution equal to zero. ``(5) Application process.--The Secretary shall establish an application process to select State educational agencies to participate in the demonstration program and State educational agencies shall establish an application process to select local educational agencies within the State to participate in the demonstration project. ``(6) Local educational agency participation.--Subject to the 10,000 statewide student limitation described in paragraph (1), a local educational agency serving students, not less than 50 percent of whom are eligible for a free or reduced price meal under the Richard B. Russell National School Lunch Act or the Child Nutritional Act of 1966, shall be eligible to participate in the demonstration project. ``(c) State Educational Agency Applications.-- ``(1) In general.--Each State educational agency desiring to participate in the demonstration program under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Contents.--Each application shall include-- ``(A) a description of the proposed targeted information campaign for the demonstration project and a copy of the plan described in subsection (f)(2); ``(B) a description of the student population that will receive an early commitment to receive a Federal Pell Grant under this section; ``(C) an assurance that the State educational agency will fully cooperate with the ongoing evaluation of the demonstration project; and ``(D) such other information as the Secretary may require. ``(d) Selection Considerations.-- ``(1) Selection of state educational agencies.--In selecting State educational agencies to participate in the demonstration program, the Secretary shall consider-- ``(A) the number and quality of State educational agency applications received; ``(B) the Department's capacity to oversee and monitor each State educational agency's participation in the demonstration program; ``(C) a State educational agency's-- ``(i) financial responsibility; ``(ii) administrative capability; ``(iii) commitment to focusing State resources, in addition to any resources provided under part A of title I of the Elementary and Secondary Education Act of 1965, on students who receive assistance under such part A; ``(iv) the ability and plans of a State educational agency to run an effective and thorough targeted information campaign for students served by local educational agencies eligible to participate in the demonstration project; and ``(v) ensuring the participation in the demonstration program of a diverse group of students with respect to ethnicity and gender. ``(2) Local educational agency.--In selecting local educational agencies to participate in a demonstration project under this section, the State educational agency shall consider-- ``(A) the number and quality of local educational agency applications received; ``(B) the State educational agency's capacity to oversee and monitor each local educational agency's participation in the demonstration project; ``(C) a local educational agency's-- ``(i) financial responsibility; ``(ii) administrative capability; ``(iii) commitment to focusing local resources, in addition to any resources provided under part A of title I of the Elementary and Secondary Education Act of 1965, on students who receive assistance under such part A; ``(iv) the ability and plans of a local educational agency to run an effective and thorough targeted information campaign for students served by the local educational agency; and ``(v) ensuring the participation in the demonstration project of a diverse group of students with respect to ethnicity and gender. ``(e) Evaluation.-- ``(1) In general.--From amounts appropriated under section (g) for a fiscal year, the Secretary shall reserve not more than $1,000,000 to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the demonstration program assisted under this section. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(3) Matters evaluated.--The evaluation described in this subsection shall-- ``(A) determine the number of individuals who were encouraged by the demonstration program to pursue higher education; ``(B) identify the barriers to the effectiveness of the demonstration program; ``(C) assess the cost-effectiveness of the demonstration program in improving access to higher education; ``(D) identify the reasons why participants in the demonstration program either received or did not receive a Federal Pell Grant; ``(E) identify intermediate outcomes (relative to postsecondary education attendance), such as whether participants-- ``(i) were more likely to take a college- prep curriculum while in secondary school; ``(ii) submitted any college applications; and ``(iii) took the PSAT, SAT, or ACT; ``(F) identify the number of individuals participating in the demonstration program who pursued an associate's degree or a bachelor's degree, as well as other forms of postsecondary education; ``(G) compare the findings of the demonstration program with respect to participants to comparison groups (of similar size and demographics) that did not participate in the demonstration program; and ``(H) identify the impact on the parents of students eligible to participate in the demonstration program. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(f) Targeted Information Campaign.-- ``(1) In general.--Each State educational agency receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the demonstration program assisted under this section. ``(2) Plan.--Each State educational agency receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. The plan shall include the following: ``(A) Outreach.--Outreach to students and their families, at a minimum, at the beginning and end of each academic year of the demonstration project. ``(B) Distribution.--How the State educational agency plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). ``(C) Information.--The annual provision by the State educational agency to all students and families participating in the demonstration program of information regarding-- ``(i) the estimated statewide average higher education institution cost data for each academic year, which cost data shall be disaggregated by-- ``(I) type of institution, including-- ``(aa) 2-year public colleges; ``(bb) 4-year public colleges; and ``(cc) 4-year private colleges; ``(II) by component, including-- ``(aa) tuition and fees; and ``(bb) room and board; ``(ii) Federal Pell Grants, including-- ``(I) the maximum Federal Pell Grant for each academic year; ``(II) when and how to apply for a Federal Pell Grant; and ``(III) what the application process for a Federal Pell Grant requires; ``(iii) State-specific college savings programs; ``(iv) State-based merit aid; ``(v) State-based financial aid; and ``(vi) Federal financial aid available to students, including eligibility criteria for the Federal financial aid and an explanation of the Federal financial aid programs. ``(3) Cohorts.--The information described in paragraph (2)(C) shall be provided to 2 cohorts of students annually for the duration of the students' participation in the demonstration program. The 2 cohorts shall consist of-- ``(A) 1 cohort of 8th grade students who begin the participation in academic year 2007-2008; and ``(B) 1 cohort of 8th grade students who begin the participation in academic year 2008-2009. ``(4) Reservation.--Each State educational agency receiving a grant under this section shall reserve $200,000 of the grant funds received each fiscal year for each of the 2 cohorts of students (for a total reservation of $400,000 each fiscal year) served by the State to carry out their targeted information campaign described in this subsection. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $1,300,000 for fiscal year 2008, of which-- ``(A) $500,000 shall be available to carry out subsection (e); and ``(B) $800,000 shall be available to carry out subsection (f)(2)(C); ``(2) $1,600,000 for fiscal year 2009, of which $1,600,000 shall be available to carry out subsection (f)(2)(C); ``(3) $1,600,000 for fiscal year 2010, of which $1,600,000 shall be available to carry out subsection (f)(2)(C); ``(4) $2,100,000 for fiscal year 2011, of which-- ``(A) $500,000 shall be available to carry out subsection (e); and ``(B) $1,600,000 shall be available to carry out subsection (f)(2)(C); ``(5) $1,600,000 for fiscal year 2012, of which $1,600,000 shall be available to carry out subsection (f)(2)(C); ``(6) $14,600,000 for fiscal year 2013, of which-- ``(A) $800,000 shall be available to carry out subsection (f)(2)(C); and ``(B) $13,800,000 shall be available for Federal Pell Grants provided in accordance with this section; and ``(7) $13,800,000 for fiscal year 2014, of which $13,800,000 shall be available for Federal Pell Grants provided in accordance with this section.''.", "summary": "Amends the Higher Education Act of 1965 to authorize an Early Federal Pell Grant Demonstration Program. Directs the Secretary of Education to award grants to four states to cover administrative expenses incurred in the program. Limits a state to a cohort of up to 10,000 of its eighth grade students who are eligible for a free or reduced price meal under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966. Provides for a cohort for each of the academic years 2007-2008 and 2008-2009. Declares that each student who participates in the demonstration project receives a commitment to receive a Pell Grant during their first year of undergraduate study at an institution of higher education, subject to a specified condition. Requires state grantees to choose local educational agencies to participate in the program from among those serving students at least half of whom are eligible for free or reduced price meals. Calculates participating students' Pell Grants by deeming them to have no expected family contribution. Directs the Secretary to arrange for an independent evaluation of the demonstration program's effectiveness in providing needy students with access to, and an incentive to pursue, higher education. Requires state grantees annually to provide program participants with information concerning college costs, Pell Grants, state college savings programs, and other state and federal aid programs."}
{"article": "SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds and declares that-- (1) certain scattered parcels of Federal land located within Gilpin County, Colorado, are currently administered by the Secretary of the Interior as part of the Royal Gorge Resource Area, Canon City District, United States Bureau of Land Management; (2) these land parcels, comprised of approximately 130 separate tracts of land ranging in size from approximately 38 acres to much less than an acre, have been identified as suitable for disposal by the Bureau of Land Management through its resource management planning process and are appropriate for disposal; and (3) even though these land parcels are scattered and small in size, they nevertheless appear to have a fair market value which may be used by the Federal Government to exchange for lands which will better lend themselves to Federal management and have higher values for future public access, use and enjoyment, recreation, the protection and enhancement of fish and wildlife and fish and wildlife habitat, and the protection of riparian lands, wetlands, scenic beauty and other public values. (b) Purpose.--It is the purpose of this Act to authorize, direct, facilitate and expedite the land exchange set forth herein in order to further the public interest by disposing of Federal lands with limited public utility and acquire in exchange therefor lands with important values for permanent public management and protection. SEC. 2. LAND EXCHANGE. (a) In General.--The exchange directed by this Act shall be consummated if within 90 days after enactment of this Act, Lake Gulch, Inc., a Colorado corporation (as defined in section 4 of this Act), offers to transfer to the United States pursuant to the provisions of this Act the offered lands or interests in land described herein. (b) Conveyance by Lake Gulch.--Subject to the provisions of section 3 of this Act, Lake Gulch shall convey to the Secretary of the Interior all right, title, and interest in and to the following offered lands: (1) Certain lands comprising approximately 40 acres with improvements thereon located in Larimer County, Colorado, and lying within the boundaries of Rocky Mountain National Park as generally depicted on a map entitled ``Circle C Church Camp'', dated August 1994, which shall upon their acquisition by the United States and without further action by the Secretary of the Interior be incorporated into Rocky Mountain National Park and thereafter be administered in accordance with the laws, rules and regulations generally applicable to the National Park System and Rocky Mountain National Park. (2) Certain lands located along the Arkansas River in Lake County, Colorado, which comprise approximately 517 acres, as generally depicted on a map entitled ``Arkansas River Headwaters Frontage'', dated August 1994. (3) Certain lands located within and adjacent to the United States Bureau of Land Management San Luis Resource Area in Conejos County, Colorado, which comprise approximately 3,993 acres and are generally depicted on a map entitled ``Quinlan Ranches Tract'', dated August 1994. (c) Substitution of Lands.--If one or more of the precise offered land parcels identified above is unable to be conveyed to the United States due to appraisal or other problems, Lake Gulch and the Secretary may mutually agree to substitute therefor alternative offered lands acceptable to the Secretary. (d) Conveyance by the United States.--(1) Upon receipt of title to the lands identified in subsection (a) the Secretary shall simultaneously convey to Lake Gulch all right, title, and interest of the United States, subject to valid existing rights, in and to the following selected lands: (A) Certain surveyed lands located in Gilpin County, Colorado, Township 3 South, Range 72 West, Sixth Principal Meridian, Section 18, Lots 118-220, which comprise approximately 195 acres and are intended to include all federally owned lands in section 18, as generally depicted on a map entitled ``Lake Gulch Selected Lands'', dated July 1994. (B) Certain surveyed lands located in Gilpin County, Colorado, Township 3 South, Range 72 West, Sixth Principal Meridian, Section 17, Lots 37, 38, 39, 40, 52, 53, and 54, which comprise approximately 96 acres, as generally depicted on a map entitled ``Lake Gulch Selected Lands'', dated July 1994. (C) Certain unsurveyed lands located in Gilpin County, Colorado, Township 3 South, Range 73 West, Sixth Principal Meridian, Section 13, which comprise approximately 10 acres, and are generally depicted as parcels 307-326 on a map entitled ``Lake Gulch Selected Lands'', dated July 1994: Provided, however, That a parcel or parcels of land in section 13 shall not be transferred to Lake Gulch if at the time of the proposed transfer the parcel or parcels are under formal application for transfer to a qualified unit of local government. Due to the small and unsurveyed nature of such parcels proposed for transfer to Lake Gulch in section 13, and the high cost of surveying such small parcels, the Secretary is authorized to transfer such section 13 lands to Lake Gulch without survey based on such legal or other description as he determines appropriate to carry out the basic intent of the map cited in this subparagraph. (2) If the Secretary and Lake Gulch mutually agree, and the Secretary determines it is in the public interest, the Secretary may utilize the authority and direction of this Act to transfer to Lake Gulch lands in sections 17 and 13 that are in addition to those precise selected lands shown on the maps cited in paragraphs (d)(1)(B) and (d)(1)(C), and which are not under formal application for transfer to a qualified unit of local government, upon transfer to the Secretary of additional offered lands acceptable to the Secretary or upon payment to the Secretary by Lake Gulch of cash equalization money amounting to the full appraised fair market value of any such additional lands. If any such additional lands are located in section 13 they may be transferred to Lake Gulch without survey based on such legal or other description as the Secretary determines appropriate as long as the Secretary determines that the boundaries of any adjacent lands now owned by Lake Gulch can be properly identified so as to avoid possible future boundary conflicts or disputes. If the Secretary determines surveys are necessary to convey any such additional lands to Lake Gulch, the costs of such surveys shall be paid by Lake Gulch but shall not be eligible for any adjustment in the value of such additional lands pursuant to section 206(f)(2) of the Federal Land Policy and Management Act of 1976 (as amended by the Federal Land Exchange Facilitation Act of 1988) (43 U.S.C. 1716(f)(2)). (3) Prior to transferring out of public ownership pursuant to this Act or other authority of law any lands which are contiguous to North Clear Creek southeast of the City of Black Hawk, Colorado, in the County of Gilpin, Colorado, the Secretary shall notify and consult with the governments of the County and the City and afford such units of local government an opportunity to acquire or reserve pursuant to the Federal Land Policy and Management Act of 1976 or other applicable law such easements or rights-of-way parallel to North Clear Creek as may be necessary to serve public utility line or recreation path needs: Provided, however, That any survey or other costs associated with the acquisition or reservation of such easements or rights-of-way shall be paid for by the unit or units of local government concerned. SEC. 3. TERMS AND CONDITIONS OF EXCHANGE. (a) Equalization of Values.--The values of the lands to be exchanged pursuant to this Act shall be equal as determined by the Secretary of the Interior utilizing nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Standards for Federal Land Acquisition, the Uniform Standards of Professional Appraisal Practice, the provisions of section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), and other applicable law. In the event it is determined that cash equalization moneys are owed to the United States in the exchange, any such cash equalization moneys shall be retained by the Secretary of the Interior and may be utilized by the Secretary until fully expended to purchase from willing sellers land or water rights, or a combination thereof, to augment wildlife habitat and protect and restore wetlands in the Bureau of Land Management's Blanca Wetlands, Alamosa County, Colorado. Any water rights acquired by the United States pursuant to this section shall be obtained by the Secretary of the Interior in accordance with all applicable provisions of Colorado law, including the requirement to change the time, place, and type of use of said water rights through the appropriate State legal proceedings and to comply with any terms, conditions, or other provisions contained in an applicable decree of the Colorado Water Court. The use of any water rights acquired pursuant to this section shall be limited to water than can be used or exchanged for water that can be used on the Blanca Wetlands. Any requirement or proposal to utilize facilities of the San Luis Valley Project, Closed Basin Diversion, in order to effectuate the use of any such water rights shall be subject to prior approval of the Rio Grande Water Conservation District. (b) Restrictions on Selected Lands.--(1) Conveyance of the selected lands to Lake Gulch pursuant to this Act shall be contingent upon Lake Gulch executing an agreement with the United States prior to such conveyance, the terms of which are acceptable to the Secretary of the Interior, and which-- (A) grants the United States a covenant that none of the selected lands (all of which currently lie outside the State of Colorado's current legally approved gaming area) shall ever be used for purposes of gaming should the current legal gaming area ever be expanded by the State of Colorado; and (B) permanently holds the United States harmless for liability and indemnify the United States against all costs arising from any activities, operations (including the storing, handling, and dumping of hazardous materials or substances) or other acts conducted by Lake Gulch or its employees, agents, successors or assigns on the selected lands after their transfer to Lake Gulch: Provided, however, That nothing in this Act shall be construed as either diminishing or increasing any responsibility or liability of the United States based on the condition of the selected lands prior to or on the date of their transfer to Lake Gulch. (2) Conveyance of the selected lands to Lake Gulch pursuant to this Act shall be subject to the existing easement for Gilpin County Road 6. (3) The above terms and restrictions of this subsection shall not be considered in determining, or result in any diminution in, the fair market value of the selected land for purposes of the appraisals of the selected land required pursuant to section 3 of this Act. (c) Revocation of Withdrawal.--The Public Water Reserve established by Executive order dated April 17, 1926 (Public Water Reserve 107), Serial Number Colorado 17321, is hereby revoked insofar as it affects the NW \\1/4\\ SW \\1/4\\ of Section 17, Township 3 South, Range 72 West, Sixth Principal Meridian, which covers a portion of the selected lands identified in this Act. (d) Management of Certain Lands.--Upon their acquisition by the United States, the lands referred to in section 2(b)(2) of this Act shall be managed by the Secretary of the Interior in accordance with the laws, rules, and regulations generally applicable to the public lands, and, as appropriate, in accordance with cooperative agreements such as the existing Arkansas Headwaters Recreation Area Memorandum of Understanding, with special emphasis on public fishing and recreational access to the Arkansas River, and riparian and wetland habitat protection. The acquisition of such lands by the Secretary shall not be construed to impose any responsibility or liability on the Secretary with respect to hazardous substances which may exist on the lands as of the date of their acquisition by the United States. Without precluding any future determination by the Secretary or appropriate Federal or State authorities that cleanup of any hazardous substances which may be found to exist on the property would be appropriate, nothing in this Act shall be construed to require the Secretary to undertake any hazardous substances cleanup activities or studies. SEC. 4. MISCELLANEOUS PROVISIONS. (a) Definitions.--As used in this Act: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``Lake Gulch'' means Lake Gulch, Inc., a Colorado corporation, or its successors, heirs or assigns. (3) The term ``offered land'' means lands to be conveyed to the United States pursuant to this Act. (4) The term ``selected land'' means lands to be transferred to Lake Gulch pursuant to this Act. (5) The term ``Blanca Wetlands'' means an area of land comprising approximately 9,290 acres, as generally depicted on a map entitled ``Blanca Wetlands'', dated August 1994, and any nearby land which the Secretary may purchase from willing sellers after the date of enactment of this Act utilizing funds provided by this Act or other funds and manage in conjunction with and for the same general purposes as the land depicted on that map. (b) Time Requirement for Completing Transfer.--It is the intent of Congress that unless the Secretary and Lake Gulch mutually agree otherwise the exchange of lands authorized and directed by this Act shall be completed not later than 6 months after the date of enactment of this Act. (c) Administration of Lands Acquired by United States.--In accordance with the provisions of section 206(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(c)), all lands acquired by the United States pursuant to this Act shall upon acceptance of title by the United States and without further action by the Secretary concerned become part of and be managed as part of the administrative unit or area within which they are located.", "summary": "Requires Lake Gulch, Inc., to convey, on an equal value basis, specified lands located in Larimer, Lake, and Conejos Counties, Colorado, to the Secretary of the Interior in exchange for certain Lake Gulch Selected Lands located in Gilpin County, Colorado. Provides that, if cash equalization monies are owed to the United States in the exchange, such monies shall be retained by the Secretary and may be utilized until fully expended to purchase from willing sellers land or water rights to augment wildlife habitat and to protect and restore wetlands in the Bureau of Land Management's Blanca Wetlands, Alamosa County, Colorado. Conditions the conveyance of such selected lands on Lake Gulch executing an agreement which: (1) grants the United States a covenant that none of such lands (all of which currently lie outside of Colorado's current legally approved gaming area) shall ever be used for gaming purposes should such gaming area ever be expanded by the State; and (2) permanently holds the United States harmless for liability and indemnifies it against all costs arising from any activities, operations (including the storing, handling, and dumping of hazardous materials or substances) or other acts conducted by Lake Gulch on the selected lands after such transfer. Declares that nothing in this Act shall be construed as either diminishing or increasing any U.S. responsibility or liability based on the condition of the selected lands before or on the date of their transfer. Subjects the conveyance to the existing easement for Gilpin County Road 6. Revokes a specified Public Water Reserve established by Executive Order dated April 17, 1926, insofar as it affects certain land which covers a portion of the selected lands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Education Tax Credit Act''. SEC. 2. CREDIT FOR EDUCATION EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. EDUCATION EXPENSES. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year, the amount of the qualified education expenses paid by the taxpayer during the taxable year for the education of the taxpayer, the taxpayer's spouse, or any individual with respect to whom the taxpayer is allowed a deduction under section 151(c). ``(b) Limitation.-- ``(1) Amount per individual.--The amount allowed as a credit under subsection (a) for any taxable year with respect to the qualified education expenses of any 1 individual shall not exceed $450. ``(2) Proration of credit where more than one taxpayer pays expenses.--If the qualified education expenses of an individual are paid by more than one taxpayer during any calendar year, the dollar limitation under paragraph (1) shall be allocated among such taxpayers in proportion to their respective shares of the qualified education expenses of such individual paid during such calendar year by all such taxpayers. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at an eligible educational institution, and ``(ii) fees, books, supplies, and equipment required for courses of instruction at an eligible educational institution. ``(B) Meals and lodging expenses not included.-- Such term does not include any amount paid, directly or indirectly, for meals, lodging, or similar personal, living, or family expenses. In the event an amount paid for tuition or fees includes an amount for meals, lodging, or similar expenses which is not separately stated, the portion of such amount which is attributable to meals, lodging, or similar expenses shall be determined under regulations prescribed by the Secretary. ``(C) Special rule for home schooling.--In the case of education furnished in the home (as a substitute for public education) which meets the requirements of State law relating to compulsory school attendance, the term `qualified education expenses' means amounts paid for books, computer software, and other supplies used in furnishing such education. ``(2) Eligible educational institution.--The term `eligible educational institution' means-- ``(A) an institution of higher education, ``(B) a vocational school, ``(C) a secondary school, or ``(D) an elementary school. ``(3) Institution of higher education.--The term `institution of higher education' means the institutions described in section 1201(a) or 481(a) of the Higher Education Act of 1965. ``(4) Vocational school.--The term `vocational school' means an area vocational education school as defined in section 521(3) of the Carl D. Perkins Vocational Education Act. ``(5) Elementary and secondary schools.--The terms `elementary school' and `secondary school' have the respective meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965. ``(d) Special Rules.-- ``(1) Adjustment for certain scholarships and veterans' benefits.--The amounts otherwise taken into account under subsection (a) as qualified education expenses of any individual during any period shall be reduced (before the application of subsection (b)) by the sum of the amounts referred to in section 135(d)(1) which are received with respect to such individual for the taxable year. ``(2) Eligible courses.--Except as provided in subsection (c)(1)(C), amounts paid for qualified education expenses of any individual shall be taken into account under subsection (a) only to the extent such expenses-- ``(A) are attributable to courses of instruction offered by an elementary or secondary school, or ``(B) are attributable to courses of instruction for which credit is allowed toward a baccalaureate or graduate degree by an institution of higher education or toward a certificate of required course work at a vocational school. ``(3) Individual must be at least half-time student.-- Except as provided in subsection (c)(1)(C), no credit shall be allowed under subsection (a) for amounts paid during the taxable year for qualified education expenses with respect to any individual unless that individual, during any 4 calendar months during the calendar year in which the taxable year of the taxpayer begins, is at least a half-time student at an eligible education institution. ``(4) Spouse.--No credit shall be allowed under subsection (a) for amounts paid during the taxable year for qualified education expenses for the spouse of the taxpayer unless-- ``(A) the taxpayer is entitled to an exemption for his spouse under section 151(b) for the taxable year, or ``(B) the taxpayer files a joint return with his spouse for the taxable year. ``(e) Disallowance of Expenses as Deduction.--No deduction shall be allowed under section 162 (relating to trade or business expenses) for any qualified education expense which (after the application of subsection (b)) is taken into account in determining the amount of any credit allowed under subsection (a). The preceding sentence shall not apply to the qualified education expenses of any taxpayer who, under regulations prescribed by the Secretary, elects not to apply the provisions of this section with respect to such expenses for the taxable year. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section.'' (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 35. Education expenses. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Children's Education Tax Credit Act - Amends the Internal Revenue Code to establish an annual tax credit (up to $450 for each qualifying student) for qualified educational expenses (tuition, attendance fees, books, supplies, equipment) paid by a taxpayer for the taxpayer, a spouse, or a dependent. Provides for: (1) credit proration in cases of shared expenses; (2) inclusion of certain home schooling expenses; and (3) adjustments for certain scholarships and veterans' benefits. Defines \"eligible educational institution\" as an institution of higher education, or a vocational, secondary, or elementary school."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Mammal Protection Act Amendments of 2002''. SEC. 2. AMENDMENT REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to such section or other provision of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.). SEC. 3. TECHNICAL CORRECTIONS. (a) Committee References.--The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is amended by striking ``Committee on Merchant Marine and Fisheries'' each place it appears and inserting ``Committee on Resources''. (b) Obsolete Reference to Replaced Section.--Section 118(c)(3)(A)(i) (16 U.S.C. 1387(c)(3)(A)(i)) is amended by striking ``, except that'' and all that follows through ``is valid''. SEC. 4. LIMITED AUTHORITY TO EXPORT NATIVE HANDICRAFTS. Section 101(a)(6) (16 U.S.C. 1371(a)(6)) is amended by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following: ``(B) A marine mammal product may be exported from the United States if the product-- ``(i) is legally possessed and exported as part of a cultural exchange, by an Indian, Aleut, or Eskimo residing in Alaska; or ``(ii) is owned by a Native inhabitant of Russia, Canada, or Greenland and is exported for noncommercial purposes-- ``(I) in conjunction with, and upon the completion of, travel within the United States; or ``(II) as part of a cultural exchange with an Indian, Aleut, or Eskimo residing in Alaska.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Department of Commerce.--Section 116(a) (16 U.S.C. 1384(a)) is amended to read as follows: ``(a) Department of Commerce.--(1) There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out its functions and responsibilities under this title (other than sections 117 and 118) and title IV-- ``(A) $16,615,000 for 2003; ``(B) $17,280,000 for 2004; ``(C) $17,971,000 for 2005; ``(D) $18,670,000 for 2006; and ``(E) $19,418,000 for 2007. ``(2) There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out sections 117 and 118, $20,000,000 for each of the fiscal years 2003 through 2007.''. (b) Department of the Interior.--Section 116(b) (16 U.S.C. 1384(b)) is amended to read as follows: ``(b) Department of the Interior.--There are authorized to be appropriated to the Department of the Interior, for purposes of carrying out its functions and responsibilities under this title-- ``(1) $11,800,000 for 2003; ``(2) $12,300,000 for 2004; ``(3) $12,800,000 for 2005; ``(4) $13,300,000 for 2006; and ``(5) $13,800,000 for 2007.''. SEC. 6. TAKE REDUCTION PLANS. Section 118 (16 U.S.C. 1387) is amended-- (1) in subsections (f)(4)(B) and (f)(5)(B), by inserting ``and recreational'' after ``commercial''; (2) in subsection (f)(6)(C) in the second sentence, by inserting before the period the following: ``, a representative of the office of General Counsel of the National Oceanic and Atmospheric Administration, a representative of the National Marine Fisheries Service having responsibilities related to fisheries science, a representative of the National Marine Fisheries Service having responsibilities related to law enforcement, and a representative of the appropriate National Marine Fisheries Service Regional Administrator''; (3) in subsection (f)(7)(B)(i) by adding at the end the following: ``Before publishing any plan that is different than the draft plan proposed by a take reduction team, the Secretary shall reconvene the team and explain to the team the differences between the published plan and the draft plan proposed by the team.''; and (4) in subsection (j) by inserting ``including observer, research, and education and outreach programs,'' after ``For purposes of carrying out this section,''. SEC. 7. PINNIPED RESEARCH. Section 120 (16 U.S.C. 1389) is amended by adding at the end the following: ``(k) Research on Nonlethal Removal and Control.--(1) The Secretary shall conduct research on the nonlethal removal and control of nuisance pinnipeds. The research shall include a review of measures that have been taken to effect such removal and control, the effectiveness of these measures, and the development of new technologies to deter nuisance pinnipeds. ``(2) The Secretary shall include, among the individuals that develop the research program under this subsection, representatives of the commercial and recreational fishing industries. ``(3) The Secretary is encouraged, where appropriate, to use independent marine mammal research institutions in developing and in conducting the research program. ``(4) The Secretary shall, by December 31 of each year, submit an annual report on the results of research under this subsection to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.''. SEC. 8. MARINE MAMMAL COMMISSION. (a) Number of Employees.--Section 206(5) (16 U.S.C. 1406(5)) is amended by striking ``; except that no fewer than 11 employees must be employed under paragraph (1) at any time''. (b) Authorization of Appropriations.--Section 207 (16 U.S.C. 1407) is amended to read as follows: ``SEC. 207. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Marine Mammal Commission for purposes of carrying out this title-- ``(1) $2,000,000 for fiscal year 2003; ``(2) $2,050,000 for fiscal year 2004; ``(3) $2,100,000 for fiscal year 2005; ``(4) $2,150,000 for fiscal year 2006; and ``(5) $2,200,000 for fiscal year 2007.''. SEC. 9. SCRIMSHAW EXEMPTION. Any valid certificate of exemption referred to in section 18 of Public Law 103-238 (16 U.S.C. 1539 note) that was valid under that section on April 29, 1999, shall be valid during the 8-year period beginning October 31, 1999. SEC. 10. EMERGENCY ASSISTANCE FOR SUBSISTENCE WHALE HUNTERS. Section 5 of the Whaling Convention Act of 1949 (16 U.S.C. 916c) is amended by adding at the end the following: ``(c) The prohibitions of this section shall not apply to use of a vessel to tow a whale taken in a traditional subsistence whale hunt permitted by Federal law and conducted in waters off the coast of Alaska, if such towing is performed upon a request for emergency assistance made by a subsistence whale hunting organization formally recognized by an agency of the United States Government, or made by a member of such an organization, to prevent the loss of a whale.''. SEC. 11. EXTENSION. Section 104(c)(5)(D) (16 U.S.C. 1374(c)(5)(D)) is amended by striking ``the date of the enactment of the Marine Mammal Protection Act Amendments of 1994'' and inserting ``February 18, 1997''. SEC. 12. POLAR BEAR PERMITS. Section 104 (16 U.S.C. 1374) is amended-- (1) in subsection (d)(2) by inserting before the period at the end of the first sentence the following: ``, except for an application for a permit to import polar bear parts under subsection (c)(5)''; (2) in subsection (d)(5) by inserting before the period at the end of the last sentence the following: ``if a notice of application was published pursuant to paragraph (2) with respect to the permit''; and (3) in subsection (c)(5) by adding at the end the following: ``(E) The Secretary shall make available to the public on a semiannual basis information concerning the permits issued or denied under this paragraph.''. SEC. 13. CAPTIVE RELEASE PROHIBITION. Section 102(a) (16 U.S.C. 1372(a)) is amended-- (1) in paragraph (4) by striking ``subsection 104(c); and'' and inserting ``section 104(c);''; (2) in paragraph (5) by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(6) for any person that is subject to the jurisdiction of the United States to release any captive marine mammal unless specifically authorized to do so under section 104(c)(3)(A), 104(c)(4)(A), or 109(h).''. SEC. 14. MARINE MAMMAL COMMISSION ADMINISTRATION. Section 206(4) (16 U.S.C. 1406(4)) is amended by striking ``(but at rates for individuals not to exceed $100 per diem)''.", "summary": "Marine Mammal Protection Act Amendments of 2002 - Amends the Marine Mammal Protection Act of 1972 to grant limited permission for a marine mammal to be exported from the United States, including in cases where an Indian, Aleut or Eskimo residing in Alaska exports the animal as part of a cultural exchange.Requires reduction plans to track the number of animals from strategic stocks being incidentally lethally taken or seriously injured each year through recreational fishing (in addition to commercial fishing), and to publish proposals for reducing such incidents within a stock under certain specified conditions.Requires research on the removal and control of nuisance pinnipeds, including on the development of new technologies to deter such creatures.Authorizes appropriations for the Marine Mammal Commission through FY 2007.Renews the Scrimshaw Exemption for the eight-year period beginning October 31, 1999.Permits emergency assistance to tow a whale captured in a legal traditional subsistence whale hunt off the coast of Alaska if a request for such assistance is made by a federally-recognized subsistence whale hunting organization or by a member of such an organization.Directs the Secretary of the Interior to issue a permit for importation of polar bear parts (other than internal organs) from bears taken in sport hunts in Canada before February 18, 1997 (the previous date was April 30, 1994).Makes it unlawful for anyone under U.S. jurisdiction to release any captive marine mammal unless authorized under specified provisions of the Code."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lavender Offense Victim Exoneration Act of 2017'' or the ``LOVE Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) During the so-called ``Lavender Scare'', at least 1,000 people were wrongfully dismissed from the Department of State for alleged homosexuality during the 1950s and well into the 1960s. (2) According to the Department of State's Bureau of Diplomatic Security, Department of State employees were forced out of the Department on the grounds that their sexual orientation ostensibly rendered them vulnerable to blackmail and made them security risks. (3) In addition to those wrongfully dismissed, many other patriotic Americans were prevented from joining the Department due to a screening process that was put in place to prevent the hiring of those who, according to the findings of the Bureau of Diplomatic Security, ``seemed like they might be gay or lesbian''. (4) Congress bears a special measure of responsibility as the Department's actions were in part in response to congressional investigations into ``sex perversion of Federal employees'', reports on the employment of ``moral perverts by Government Agencies'', hearings and pressure placed on the Department through the appropriations process and congressional complaints that Foggy Bottom was ``rampant with homosexuals who were sympathetic to Communism and vulnerable to blackmail''. (5) Between 1950 and 1969, the Department of State was required to report on the number of homosexuals fired each year as part of their annual appeals before Committees on Appropriations. (6) Although the worst effects of the ``Lavender Scare'' are behind us, as recently as the early 1990s, the Department of State's security office was investigating State personnel thought to be gay and driving them out of government service as ``security risks''. (7) In 1994, Secretary of State Warren Christopher issued a prohibition against discrimination in the Department of State, including that based on sexual orientation. (8) In 1998, President William Jefferson Clinton signed Executive Order 13087 barring discrimination on the basis of sexual orientation. (9) On January 9, 2017, Secretary of State John Kerry issued a statement regarding the ``Lavender Scare'', saying, ``On behalf of the Department, I apologize to those who were impacted by the practices of the past and reaffirm the Department's steadfast commitment to diversity and inclusion for all our employees, including members of the LGBTI community.''. SEC. 3. DIRECTOR GENERAL REVIEW. (a) Review.--The Director General of the Foreign Service and Director of Human Resources of the Department of State, in consultation with the Historian of the Department of State, shall review all employee terminations that occurred after January 1, 1950, to determine who was wrongfully terminated owing to their sexual orientation, whether real or perceived. (b) Report.--Not later than 270 days after the date of the enactment of this Act, the Director General shall, consistent with applicable privacy regulations, compile the information compiled under subsection (a) in a publicly available report. The report shall include historical statements made by officials of the Department of State and Congress encouraging and implementing policies and tactics that led to the termination of employees due to their sexual orientation. SEC. 4. REPORTS ON REVIEWS. (a) Reviews.--The Secretary of State shall conduct reviews of the consistency and uniformity of the reviews conducted by the Director General under section 3. (b) Reports.--Not later than 270 days after the date of the enactment of this Act, and annually thereafter for 2 years, the Secretary shall submit to Congress a report on the reviews conducted under section 3. Each report shall include any comments or recommendations for continued actions. SEC. 5. ESTABLISHMENT OF RECONCILIATION BOARD. (a) Establishment.--The Secretary of State shall establish, within the Office of Civil Rights of the Department of State, an independent Reconciliation Board to review the reports released by the Director General of the Foreign Service and Director of Human Services under section 3(b). (b) Duties.--The Reconciliation Board shall-- (1) consistent with applicable privacy regulations, contact all employees found to be fired due to the ``Lavender Scare'' or, in the case of deceased former employees, the family members of the employees, to inform them that their termination from the Department of State has been deemed inappropriate and that, if they wish, their employment record can be changed to reflect these findings; (2) designate a point of contact at a senior level position within the Office of the Director General of the Foreign Service and Director of Human Resources to receive oral testimony of any employees or family members of deceased employees mentioned in the report who personally experienced discrimination and termination because of the actual or perceived sexual orientation in order that such testimony may serve as an official record of these discriminatory policies and their impact on United States lives; and (3) provide an opportunity for any former employee not mentioned in the report to bring forth a grievance to the Board if they believe they were terminated due to their sexual orientation. (c) Review of Claims.-- (1) In general.--The Board shall review each claim described in subsection (b) within 150 days of receiving the claim. Lack of paperwork may not be used as a basis for dismissing any claims. (2) Cooperation.--The Department of State shall be responsible for producing pertinent information regarding each claim to prove the employee was not wrongfully terminated. (d) Termination.--The Board shall terminate 5 years after the date of the enactment of this Act. SEC. 6. ISSUANCE OF APOLOGY. (a) Finding.--Secretary of State Kerry delivered the following apology on January 9, 2017: ``Throughout my career, including as Secretary of State, I have stood strongly in support of the LGBTI community, recognizing that respect for human rights must include respect for all individuals. LGBTI employees serve as proud members of the State Department and valued colleagues dedicated to the service of our country. For the last several years, the Department has pressed for the families of LGBTI officers to have the same protections overseas as families of other officers. In 2015, to further promote LGBTI rights throughout the world, I appointed the first ever Special Envoy for the Human Rights of LGBTI Persons. ``In the past--as far back as the 1940s, but continuing for decades--the Department of State was among many public and private employers that discriminated against employees and job applicants on the basis of perceived sexual orientation, forcing some employees to resign or refusing to hire certain applicants in the first place. These actions were wrong then, just as they would be wrong today. ``On behalf of the Department, I apologize to those who were impacted by the practices of the past and reaffirm the Department's steadfast commitment to diversity and inclusion for all our employees, including members of the LGBTI community.'' (b) Congressional Apology.--Congress hereby offers a formal apology for its responsibility in encouraging the ``Lavender Scare'' and similar policies at the Department of State, as these policies were in part a response to congressional investigations into ``sex perversion of Federal employees'', reports on the employment of ``moral perverts by Government Agencies'', and hearings or pressure otherwise placed on the Department of State through the appropriations process. SEC. 7. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE LAVENDER SCARE. (a) In General.--The Secretary of State shall work with the current public-private partnership associated with the Department of State's new United States Diplomacy Center to establish a permanent exhibit on the ``Lavender Scare'' in the museum to assure that the history of this unfortunate episode is not brushed aside. (b) Specifications.--The exhibit-- (1) shall be installed at the museum not later than one year after the date of enactment of this Act; (2) should provide access to the reports compiled by the Director General of the Foreign Service and Director of Human Resources under section 3(b); and (3) shall readily display material gathered from oral testimony received pursuant to section 5(b)(2) from employees or family members of deceased employees who were subject to these discriminatory policies during the ``Lavender Scare''. SEC. 8. GUIDANCE ON ISSUING VISAS. To demonstrate the Department of State's commitment to ensuring fairness for current employees, not later than 100 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on countries not issuing visas to the spouses of all Foreign Service personnel posted overseas due to their sexual orientation. This report shall include any comments or recommendations for actions, including eliminating visa reciprocity with countries found to be instituting these practices against the spouses of Foreign Service personnel, that will lead to ensuring that all spouses of Foreign Service personnel receive visas for the country their spouse is assigned, regardless of sexual orientation. SEC. 9. ESTABLISHMENT OF ADVANCEMENT BOARD. (a) Establishment.--The Secretary of State shall establish, within the Office of the Director General of the Department of State, a board comprised of senior-level officials to address the issues faced by LGBTQI Foreign Service employees and their families. (b) Hearing of Testimony.--The Advancement Board shall hear testimony from any willing LGBTQI Foreign Service employees and their families regarding any discrimination they have faced due to their sexual orientation. (c) Report.-- (1) In general.--Not later than 100 days after completing collection of testimony described under subsection (b), and annually thereafter for 5 years, the Advancement Board shall submit to Congress a report based on the testimony. (2) Content.--The report required under paragraph (1) shall include any comments or recommendations for continued actions to improve the Department of State to ensure that no employee or their family members experience discrimination due to their sexual orientation. (3) Privacy.--The report required under paragraph (1) shall remain private and will only be accessible to Members of Congress, their appropriate staff, and members of the Advancement Board.", "summary": "Lavender Offense Victim Exoneration Act of 2017 or the LOVE Act of 2017 This bill requires the Department of State to review employee terminations at the State Department in the 1950s and 1960s to determine who was wrongfully terminated due to their actual or perceived sexual orientation (known as the Lavender Scare). The bill contains an apology from Congress for its role in encouraging the termination of State Department employees based on sexual orientation. The State Department is required to: create a reconciliation board to change the employment records of those affected, to receive oral testimony of those affected, and to allow former employees to bring a grievance if they believe their termination was due to their sexual orientation; create an advancement board to address employment issues of current LGBTQI Foreign Officers; establish a permanent exhibit about the terminations in the State Department's U.S. Diplomacy Center; report to Congress about countries refusing to issue visas to spouses of Foreign Service personnel because of  their sexual orientation."}
{"article": "SECTION 1. ADVANCED MINE SAFETY EQUIPMENT CREDIT IN LIEU OF EXPENSING. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45O. ADVANCED MINE SAFETY EQUIPMENT CREDIT. ``(a) In General.--For purposes of section 38, the advanced mine safety equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid or incurred by the taxpayer during the taxable year for qualified advanced mine safety equipment property. ``(b) Qualified Advanced Mine Safety Equipment Property.--For purposes of this section, the term `qualified advanced mine safety equipment property' means any advanced mine safety equipment property for use in any underground mine located in the United States-- ``(1) the original use of which commences with the taxpayer, ``(2) which is property of a character subject to the allowance for depreciation, and ``(3) which is placed in service by the taxpayer after the date of the enactment of this section. ``(c) Advanced Mine Safety Equipment Property.--For purposes of this section, the term `advanced mine safety equipment property' means any of the following: ``(1) Emergency communication technology or device which is used to allow a miner to maintain constant communication with an individual who is not in the mine. ``(2) Electronic identification and location device which allows an individual who is not in the mine to track at all times the movements and location of miners working in or at the mine. ``(3) Emergency oxygen-generating, self-rescue device which provides oxygen for at least 90 minutes. ``(4) Pre-positioned supplies of oxygen which (in combination with self-rescue devices) can be used to provide each miner on a shift, in the event of an accident or other event which traps the miner in the mine or otherwise necessitates the use of such a self-rescue device, the ability to survive for at least 48 hours. ``(5) Comprehensive atmospheric monitoring system which monitors the levels of carbon monoxide, methane, and oxygen that are present in all areas of the mine and which can detect smoke in the case of a fire in a mine. ``(d) Basis Adjustment.--For purposes of this subtitle, if a credit is determined under this section in connection with any expenditure for any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined. ``(e) Reporting.--No credit shall be determined under subsection (a) with respect to any taxpayer for any taxable year unless such taxpayer files with the Secretary a report containing such information with respect to the operation of the mines of the taxpayer as the Secretary shall require.''. (b) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(f) Advanced Mine Safety Equipment Credit.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45O(a).''. (c) Allowance of Credit Against Alternative Minimum Tax.-- Subparagraph (B) of section 38(c)(4) of such Code, as amended by this Act, is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by adding at the end the following new clause: ``(vi) the credit determined under section 45O.''. (d) Repeal of Election to Expense Advanced Mine Safety Equipment.-- (1) Part VI of subchapter B of chapter 1 of such Code is amended-- (A) by striking section 179E, and (B) by striking the item relating to such section in the table of sections of such part. (2) Section 263(a)(1) of such Code is amended by striking subparagraph (L), by striking ``, or'' at the end of subparagraph (K) and inserting a period, and by inserting ``or'' at the end of subparagraph (J). (3) Section 312(k)(3)(B) of such Code is amended by striking ``179D, or 179E'' each place it appears in the heading and text thereof and inserting ``or 179D''. (4) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such Code are each amended by striking ``179E,''. (e) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following: ``(32) the advanced mine safety equipment credit determined under section 45O(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45N the following new item: ``Sec. 45O. Advanced mine safety equipment credit.''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 2. MINE RESCUE TEAM TRAINING CREDIT INCREASED, ALLOWED AGAINST AMT, AND MADE PERMANENT. (a) Increased Credit Amount.--Subsection (a) of section 45N of the Internal Revenue Code of 1986 is amended-- (1) by striking ``20 percent'' in paragraph (1) and inserting ``40 percent'', and (2) by striking ``$10,000'' in paragraph (2) and inserting ``$20,000''. (b) Allowance of Credit Against Alternative Minimum Tax.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by striking ``and'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, and'', and by adding at the end the following new clause: ``(v) the credit determined under section 45N.''. (c) Repeal of Termination.--Section 45N of such Code is amended by striking subsection (e). (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Allowance of credit against alternative minimum tax.-- The amendments made by subsection (b) shall apply to credits determined under section 45N of the Internal Revenue Code of 1986 in taxable years beginning after the date of the enactment of this Act, and to carrybacks of such credits.", "summary": "Amends the Internal Revenue Code to allow a tax credit for 50% of the cost of qualified advanced mine safety equipment property (in lieu of the existing taxpayer election to expense 50% of such property in the current taxable year). Defines such property to include: (1) an emergency communication technology or device for constant communication with individuals outside the mine; (2) an electronic identification and location device; (3) an emergency oxygen-generating device; (4) pre-positioned oxygen supplies; and (5) a comprehensive atmospheric monitoring system to monitor levels of carbon monoxide and other gases present in a mine. Revises the tax credit for mine rescue team training expenses to: (1) increase the amount of such credit; (2) allow such credit as an offset against the alternative minimum tax; and (3) make such credit permanent."}
{"article": "SECTION 1. REFERENCES. References in this Act to ``the Act'' are references to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. WAIVERS AND MODIFICATIONS. Notwithstanding any other provision of law, unless enacted with specific reference to this section, the Secretary is authorized to waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the Act, or any student or institutional eligibility provisions in the Act, as the Secretary deems necessary in connection with a Gulf hurricane disaster to ensure that-- (1) the calculation of expected family contribution under section 474 of the Act used in the determination of need for student financial assistance under title IV of the Act for any affected student (and the determination of such need for his or her family, if applicable), is modified to reflect any changes in the financial condition of such affected student and his or her family resulting from a Gulf hurricane disaster; and (2) institutions of higher education, systems of institutions, or consortia of institutions that are located in an area affected by a Gulf hurricane disaster, or that are serving affected students, are eligible, notwithstanding section 486(d) of the Act, to apply for participation in the distance education demonstration program under section 486 of the Act, except that the Secretary shall include in reports under section 486(f) of the Act an identification of those institutions, systems, and consortia that were granted participation in the demonstration program due to a Gulf hurricane disaster. SEC. 3. CANCELLATION OF INSTITUTIONAL REPAYMENT BY COLLEGES AND UNIVERSITIES AFFECTED BY A GULF HURRICANE DISASTER. Notwithstanding any provision of title IV of the Act or any regulation issued thereunder, the Secretary shall cancel any obligation of an affected institution to return or repay any funds the institution received before the date of enactment of this Act for, or on behalf of, its students under subpart 1 or 3 of part A or parts B, C, D, or E of title IV of the Act for any cancelled enrollment period. SEC. 4. CANCELLATION OF STUDENT LOANS FOR CANCELLED ENROLLMENT PERIODS. (a) Loan Forgiveness Authorized.--Notwithstanding any provision of title IV of the Act, the Secretary shall discharge all loan amounts under parts B and D of title IV of the Act, and cancel any loan made under part E of such title, disbursed to, or on behalf of, an affected student for a cancelled enrollment period. (b) Reimbursement.--The Secretary shall-- (1) reimburse each affected institution for any amounts discharged under subsection (a) with respect to a loan under part E of title IV of the Act in the same manner as is required by section 465(b) of the Act with respect to a loan cancelled under section 465(a) of the Act; and (2) reimburse lenders for the purpose of discharging any loan amounts disbursed to, or on behalf of, an affected student under part B of title IV of the Act for a cancelled enrollment period. (c) Limitation on Consolidation Loans.--A loan amount for a loan made under section 428C of the Act or a Federal Direct Consolidation Loan may be eligible for discharge under this section only to the extent that such loan amount was used to repay a loan to an affected student for a cancelled enrollment period. (d) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. SEC. 5. TEMPORARY DEFERMENT OF STUDENT LOAN REPAYMENT. An affected individual who is a borrower of a qualified student loan or a qualified parent loan shall be granted a deferment, not in excess of 6 months, during which periodic installments of principal need not be paid, and interest-- (1) shall accrue and be paid by the Secretary, in the case of a loan made under section 428, 428B, 428C, or 428H of the Act; (2) shall accrue and be paid by the Secretary to the Perkins loan fund held by the institution of higher education that made the loan, in the case of a loan made under part E of title IV of the Act; and (3) shall not accrue, in the case of a Federal Direct Loan made under part D of such title. SEC. 6. NO AFFECT ON GRANT AND LOAN LIMITS. Notwithstanding any provision of title IV of the Act or any regulation issued thereunder, no grant or loan funds received by an affected student under title IV of the Act for a cancelled enrollment period shall be counted against such affected student's annual or aggregate grant or loan limits for the receipt of grants or loans under that title. SEC. 7. TEACHER LOAN RELIEF. The Secretary may waive the requirement of sections 428J(b)(1) and 460(b)(1)(A) of the Act that the 5 years of qualifying service be consecutive academic years for any teacher whose employment was interrupted if-- (1) the teacher was employed in qualifying service, at the time of a Gulf hurricane disaster, in a school located in an area affected by a Gulf hurricane disaster; and (2) the teacher resumes qualifying service not later than the beginning of academic year 2006-2007 in that school or any other school in which employment is qualifying service under such section. SEC. 8. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR PELL GRANTS. (a) In General.--The Secretary shall make special efforts, in conjunction with State efforts, to notify affected students and if applicable, their parents, who qualify for means-tested Federal benefit programs, of their potential eligibility for a maximum Pell Grant, and shall disseminate such informational materials as the Secretary deems appropriate. (b) Means-Tested Federal Benefit Program.--For the purpose of this section, the term ``means-tested Federal benefit program'' means a mandatory spending program of the Federal Government, other than a program under the Act, in which eligibility for the program's benefits, or the amount of such benefits, or both, are determined on the basis of income or resources of the individual or family seeking the benefit, and may include such programs as the supplemental security income program under title XVI of the Social Security Act, the food stamp program under the Food Stamp Act of 1977, the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act, the temporary assistance to needy families program established under part A of title IV of the Social Security Act, and the women, infants, and children program established under section 17 of the Child Nutrition Act of 1966, and other programs identified by the Secretary. SEC. 9. PROCEDURES. (a) Deadlines and Procedures.--Sections 482(c) and 492 of the Act shall not apply to any waivers, modifications, or actions initiated by the Secretary under this Act. (b) Case-by-case Basis.--The Secretary is not required to exercise any waiver or modification authority under this Act on a case-by-case basis. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to issue waivers or modifications under this Act shall expire at the conclusion of the 2005-2006 academic year, but the expiration of such authority shall not affect the continuing validity of any such waivers or modifications after such academic year. SEC. 11. DEFINITIONS. For purposes of this Act, except as otherwise specifically provided in this Act, the following terms have the following meanings: (1) Affected individual.--The term ``affected individual'' means an individual who has applied for or received student financial assistance under title IV of the Higher Education Act of 1965, and-- (A) who is an affected student; or (B) whose primary place of employment or residency was, as of August 29, 2005, in an area affected by a Gulf hurricane disaster. (2) Affected institution.--The term ``affected institution'' means an institution of higher education that-- (A) is located in an area affected by a Gulf hurricane disaster; and (B) has temporarily ceased operations as a consequence of a Gulf hurricane disaster, as determined by the Secretary. (3) Affected state.--The term ``affected State'' means the State of Alabama, Florida, Louisiana, Mississippi, or Texas. (4) Affected student.--The term ``affected student'' means an individual who has applied for or received student financial assistance under title IV of the Higher Education Act of 1965, and who-- (A) was enrolled or accepted for enrollment, as of August 29, 2005, at an institution of higher education in an area affected by a Gulf hurricane disaster; (B) was a dependent student enrolled or accepted for enrollment at an institution of higher education that is not in an area affected by a Gulf hurricane disaster, but whose parents resided or were employed, as of August 29, 2005, in an area affected by a Gulf hurricane disaster; or (C) was enrolled or accepted for enrollment at an institution of higher education, as of August 29, 2005, and whose attendance was interrupted because of a Gulf hurricane disaster. (5) Area affected by a gulf hurricane disaster.--The term ``area affected by a Gulf hurricane disaster'' means a county or parish, in an affected State, that has been designated by the Federal Emergency Management Agency for disaster assistance for individuals and households as a result of Hurricane Katrina or Hurricane Rita. (6) Cancelled enrollment period.--The term ``cancelled enrollment period'' means any period of enrollment at an affected institution during the academic year 2005. (7) Gulf hurricane disaster.--The term ``Gulf hurricane disaster'' means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and that was caused by Hurricane Katrina or Hurricane Rita. (8) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 102 of the Higher Education Act of 1965, except that the term does not include institutions under subsection (a)(1)(C) of that section. (9) Qualified student loan.--The term ``qualified student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965, other than a loan under section 428B of such title or a Federal Direct Plus loan. (10) Qualified parent loan.--The term ``qualified parent loan'' means a loan made under section 428B of title IV of the Higher Education Act of 1965 or a Federal Direct Plus loan. (11) Secretary.--The term ``Secretary'' means the Secretary of Education.", "summary": "Authorizes the Secretary of Education to waive or modify requirements under the Higher Education Act of 1965 for student financial assistance programs, or other student or institutional eligibility provisions, as necessary to reflect changes in the financial condition of affected students and their families resulting from Hurricane Katrina or Hurricane Rita (a Gulf hurricane disaster). Cancels: (1) certain institutional repayments by institutions of higher education affected by a Gulf hurricane disaster; and (2) student loans for affected students during certain cancelled enrollment periods. Provides for: (1) temporary deferment of student loan repayment by affected individuals; and (2) waiver of consecutive service requirements for affected individuals under a program of student loan forgiveness for school teachers. Directs the Secretary to make special efforts to notify affected students who qualify for a means-tested federal benefit program of their potential eligibility for a maximum Pell Grant and to disseminate informational materials regarding such eligibility."}
{"article": "S. Section 304 of the Congressional Budget Act of 1974 is amended to read as follows: ``permissible revisions of budget resolutions ``Sec. 304. At any time after the joint resolution on the budget for a fiscal year has been enacted pursuant to section 301, and before the end of such fiscal year, the two Houses and the President may enact a joint resolution on the budget which revises or reaffirms the joint resolution on the budget for such fiscal year most recently enacted, and for purposes of the enforcement of the Congressional Budget Act of 1974, the chairman of the Budget Committee of the House of Representatives or the Senate, as applicable, may adjust levels as needed for the enforcement of the budget resolution.''. SEC. 6. LIMITATION ON THE CONTENT OF BUDGET RESOLUTIONS. Section 305 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(e) Limitation on Contents.--(1) It shall not be in order in the House of Representatives or in the Senate to consider any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter referred to in paragraph (2). ``(2) Any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter not permitted in section 301 (a) or (b) shall not be treated in the House of Representatives or the Senate as a budget resolution under subsection (a) or (b) or as a conference report on a budget resolution under subsection (c) of this section.''. SEC. 7. DEEMING OF BUDGETARY AGGREGATES, ALLOCATIONS, AND RECONCILIATION INSTRUCTIONS IN THE HOUSE AND SENATE UPON VETO OF JOINT RESOLUTION ON THE BUDGET. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following new section: ``automatic standing order upon veto of joint resolution on the budget ``Sec. 316. For purposes of congressional enforcement under titles III and IV of this Act and the rules of the House and the Senate, the joint resolution shall be considered as enforceable upon enactment or 15 days following presentment to the President, whichever occurs earlier.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Automatic standing order upon veto of joint resolution on the budget.''. SEC. 8. ADDITIONAL AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974 TO EFFECTUATE JOINT RESOLUTIONS ON THE BUDGET. (a) Additional Amendments to the Congressional Budget and Impoundment Control Act of 1974.--(1)(A) Sections 301, 302, 303, 304, 305, 308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) are amended by striking ``concurrent'' each place it appears and inserting ``joint''. (B)(i) Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the Congressional Budget Act of 1974 are amended by striking ``most recently agreed to concurrent resolution on the budget'' each place it occurs and inserting ``most recently enacted joint resolution on the budget''. (ii) The section heading of section 301 of such Act is amended by striking ``annual adoption of concurrent resolution'' and inserting ``joint resolutions''. (C) Sections 302, 303, 304, 310, and 311 of the Congressional Budget Act of 1974 are amended by striking ``agreed to'' each place it appears and by inserting ``enacted''. (2) The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended-- (A) in the item relating to section 301, by striking ``Annual adoption of concurrent resolution'' and inserting ``Joint resolutions''; and (B) by striking ``concurrent'' and inserting ``joint'' in the item relating to section 305. (b) Conforming Amendment.--Any side heading within any section of title III of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking ``Concurrent'' and inserting ``Joint'' and any center heading in any section of that title is amended by striking ``concurrent'' and inserting ``joint''. SEC. 9. AMENDMENTS TO THE RULES OF THE HOUSE OF REPRESENTATIVES TO EFFECTUATE JOINT BUDGET RESOLUTIONS. Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule X, clause 10 of rule XVIII, clause 10 of rule XX, and clauses 7 and 10 of rule XXI of the Rules of the House of Representatives are amended by striking ``concurrent'' each place it appears and inserting ``joint''. SEC. 10. CONFORMING AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985. Section 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907d(b)(1)) is amended by striking ``concurrent'' and inserting ``joint''.", "summary": "Legally Binding Budget Act of 2015 This bill amends the Congressional Budget Act of 1974 to replace the concurrent resolution on the budget required under current law with a legally binding joint resolution on the budget. (Concurrent resolutions, which are currently used for congressional budget resolutions, address internal congressional matters, are not presented to the President for approval, and are not legally binding. A joint resolution is presented to the President after passing both chambers of Congress and has the force of law.) At any time after the annual budget resolution has been enacted and before the end of the fiscal year, Congress and the President may enact a new budget resolution revising or reaffirming the most recently enacted budget resolution. The contents of a budget resolution are limited to material that is permitted by the Congressional Budget Act of 1974. For purposes of congressional budget enforcement and the rules of the House and the Senate, the budget resolution is enforceable upon the earlier of enactment or 15 days following presentment to the President."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat Promotion Act of 2005''. SEC. 2. VOLUNTARY PROGRAM FOR COUNTRY OF ORIGIN LABELING FOR MEAT. (a) Establishment.--The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``Subtitle E--Country of Origin Labeling for Meat ``SEC. 291. DEFINITIONS. ``In this subtitle: ``(1) Beef.--The term `beef' means meat produced from cattle (including veal). ``(2) Covered meat product.--The term `covered meat product' means ground beef, ground pork, ground lamb, and fresh muscle cuts of beef, pork, and lamb. ``(3) Lamb.--The term `lamb' means meat produced from sheep. ``(4) Pork.--The term `pork' means meat produced from swine. ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``SEC. 292. VOLUNTARY PROGRAM. ``The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for covered meat products. ``SEC. 293. LABEL. ``For purposes of the program established under section 292, the Secretary shall-- ``(1) design a label to be used to designate the country of origin of covered meat products; and ``(2) require persons participating in the program to use the label designed under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of covered meat products. ``SEC. 294. LIMITATION ON USE OF UNITED STATES AS COUNTRY OF ORIGIN. ``A person participating in the program established under section 292 may not designate a covered meat product as having the United States as the country of origin unless the covered meat product is derived exclusively from-- ``(1) an animal born, raised, and slaughtered in the United States; or ``(2) an animal born and raised in Alaska or Hawaii, transported for a period not to exceed 60 days outside of those States, and slaughtered in the United States. ``SEC. 295. VERIFICATION. ``The Secretary may require participants in the program established under section 292 to maintain a recordkeeping audit trail that will permit the Secretary to verify compliance with the program. ``SEC. 296. ENFORCEMENT. ``(a) Civil Penalty.-- ``(1) Assessment.--The Secretary may assess a civil penalty against a participant in the program established under section 292 that purposely or knowingly violates the terms of the program. ``(2) Amount of penalty.--The amount of the civil penalty assessed under paragraph (1) may not exceed $10,000 for each violation. ``(3) Continuing violation.--Each day during which a violation of the program continues shall be considered to be a separate violation. ``(b) Notice and Hearing.--The Secretary shall not assess a civil penalty under this section against a person unless the person is given notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, with respect to the violation for which the person is being assessed. ``SEC. 297. REGULATIONS. ``Not later than 180 days after the date of the enactment of the Meat Promotion Act of 2005, the Secretary shall promulgate regulations to carry out the program established under section 292.''. (b) Conforming Amendments.--Subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.) is amended-- (1) in the heading to read as follows: ``Subtitle D--Country of Origin Labeling for Fish, Perishable Agricultural Commodities, and Peanuts''. (2) in section 281-- (A) by striking paragraphs (1), (5), and (7); (B) in paragraph (2)(A)-- (i) by striking clauses (i) and (ii); and (ii) by redesignating clauses (iii), (iv), (v), and (vi) as clauses (i), (ii), (iii), and (iv), respectively; and (C) by redesignating paragraphs (2), (3), (4), (6), (8), and (9) as paragraphs (1), (2), (3), (4), (5), and (6), respectively; and (3) in section 282-- (A) in subsection (a)(2)-- (i) by striking subparagraphs (A) and (B); and (ii) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (A), (B), and (C), respectively; and (B) in subsection (f)(2)-- (i) by striking subparagraphs (A), (B), and (C); and (ii) by redesignating subparagraphs (D) and (E) as subparagraphs (A) and (B).", "summary": "Meat Promotion Act of 2005 - Amends the Agricultural Marketing Act of 1946 to replace current mandatory country of origin labeling requirements with a voluntary country of origin labeling program for meat and meat products. Sets forth: (1) limitations on use of United States country of origin labels; and (2) civil penalties for program violations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Energy Tax Credit Act of 2009''. SEC. 2. COMMERCIAL BUILDING ENERGY PROJECT CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45R. COMMERCIAL BUILDING ENERGY PROJECT CREDIT. ``(a) Allowance of Credit.--For purposes of section 38, the commercial building energy project credit is an amount equal to 35 percent of the cost of energy conservation commercial building property placed in service by the taxpayer. ``(b) Maximum Amount of Credit.--The credit under subsection (a) with respect to any building for any taxable year shall not exceed the excess (if any) of-- ``(1) the product of-- ``(A) $4.00, and ``(B) the square footage of the building, over ``(2) the aggregate credit allowed under subsection (a) with respect to the building for all prior taxable years. ``(c) Energy Conservation Commercial Building Property.--For purposes of this section, the term `energy conservation commercial building property' means property-- ``(1) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, ``(2) which is installed on or in any building which is located in the United States, and ``(3) which is installed as part of a commercial building energy project. ``(d) Commercial Building Energy Project.--For purposes of this section, the term `commercial building energy project' means a project-- ``(1)(A) to install energy efficient commercial building property (as defined in section 179D(c)), or ``(B) with respect to a building, to achieve an energy consumption rate which is not more 60 percent of the energy consumption rate under the ASHRAE Standard 90.1-2007 for commercial buildings, and ``(2) with respect to which credit amounts have been allocated by an energy credit agency under subsection (e). ``(e) Allocations of Credit Amounts.-- ``(1) Credit limitation with respect to project.--The amount of credit determined under this section for any taxable year with respect to any project shall not exceed the State energy credit dollar amount allocated to such project under this subsection. ``(2) Credit dollar amount for agencies.-- ``(A) In general.--The aggregate credit dollar amount which an energy credit agency may allocate for any calendar year is the limitation allocated under subparagraph (B) for such calendar year to such agency. ``(B) Credit limitation allocated to state energy agencies.-- ``(i) In general.--The Secretary shall allocate for each calendar year the national energy credit limitation among the States in proportion to the population of the State. Such limitation shall be allocated to the energy credit agency of each such State. If there is more than 1 energy credit agency of a State, all such agencies shall be treated as a single agency. ``(ii) National energy credit limitation.-- There is a national energy credit limitation for each calendar year of $100,000,000. ``(iii) Population.--For purposes of this paragraph, population shall be determined in accordance with section 146(j). ``(3) Special rules.-- ``(A) Building must be located within jurisdiction of credit agency.--An energy credit agency may allocate its aggregate energy credit dollar amount only to projects with respect to buildings located in the jurisdiction of the governmental unit of which such agency is a part. ``(B) Agency allocations in excess of limit.--If the aggregate energy credit dollar amounts allocated by an energy credit agency for any calendar year exceed the portion of the national energy credit limitation allocated to such agency for such calendar year, the energy credit dollar amounts so allocated shall be reduced (to the extent of such excess) for projects in the reverse of the order in which the allocations of such amounts were made. ``(4) Energy credit agency.--The term `energy credit agency' means any agency authorized to carry out this subsection. ``(f) Responsibilities of Energy Credit Agencies.-- ``(1) In general.--Notwithstanding any other provision of this section, the energy credit dollar amount with respect to any project shall be zero unless such amount was allocated pursuant to a qualified allocation plan of the energy credit agency which is approved by the governmental unit (in accordance with rules similar to the rules of section 147(f)(2) (other than subparagraph (B)(ii) thereof)) of which such agency is a part. ``(2) Qualified allocation plan.--For purposes of this subsection-- ``(A) In general.--The term `qualified allocation plan' means any plan which meets the requirements of subparagraphs (B) through (E). ``(B) Selection criteria.--The requirements of this subparagraph are met if such plan sets forth selection criteria to be used to determine priorities of the energy credit agency which are appropriate to local conditions. An energy credit agency may establish selection criteria which are more stringent than the requirements under subsection (d)(1)(B). ``(C) Project preference.--The requirements of this subparagraph are met if such plan gives preference in allocating energy credit dollar amounts among selected projects to those projects which achieve the most energy savings. A plan shall not be treated as failing to meet the requirements of this subsection solely by reason of allocating credit dollar amounts ratably among projects with proportionally more allocated to those projects which achieve higher energy savings. ``(D) Compliance monitoring.--The requirements of this subparagraph are met if such plan establishes a program which-- ``(i) is certified by the Secretary as meeting the requirements of this subparagraph, and ``(ii) provides for monitoring by the agency (or an agent or other private contractor of such agency) for noncompliance with the provisions of this section and notifying the Internal Revenue Service of any such noncompliance of which such agency becomes aware. ``(E) Certification methods.-- ``(i) In general.--The requirements of this subparagraph are met if such plan has a certification procedure for inspection and testing by qualified individuals under which only projects complying with energy-savings plans and targets are certified. ``(ii) Qualified individuals.--Individuals qualified to determine compliance shall be only those individuals who are recognized by the energy credit agency for such purposes. ``(iii) Pre-certification.--The requirements of this subparagraph shall be treated as met if the plan includes a pre- certification procedure for commercial building energy projects, unless application fees with respect to a project under such pre- certification procedure exceeds 1 percent of the estimated cost of such project. ``(g) Transfer of Credit.-- ``(1) In general.--A person described in paragraph (4) may transfer the credit which would (but for the tax-exempt status of such person) be allowable under subsection (a) with respect to energy conservation commercial building property placed in service by such person. A credit may only be transferred once and may only be transferred to another person not described in such paragraph. ``(2) Treatment of transferee.--The person to whom the credit is transferred under this subsection shall be treated for purposes of this title as the taxpayer with respect to whom the credit is allowable under subsection (a). ``(3) Treatment of transferor.-- ``(A) Transfer proceeds treated as arising from essential government function.--Any proceeds derived by a person described in paragraph (4)(B) from the transfer of any credit under this subsection shall be treated as arising from the exercise of an essential government function. ``(B) Credit not income.--Any proceeds derived from the transfer of a credit under this subsection shall not treated as income for purposes of this title. ``(4) Persons described.--A person is described in this paragraph if the person is-- ``(A) an organization exempt from tax under section 501(a), or ``(B) any State or political subdivision thereof, the District of Columbia, any possession of the United States, or any agency or instrumentality of any of the foregoing. ``(h) Denial of Double Benefit.--No credit shall be allowed under this section for any expense for which a deduction is allowed under any other provision of this chapter. ``(i) Basis Reduction.--For purposes of this subtitle, if a credit is allowed under this section with respect to any energy conservation commercial building property, the basis of such property shall be reduced by the amount of the credit so allowed. ``(j) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section.''. (b) State Guidance.--The Secretary of Energy, in consultation with the Secretary of Treasury, shall develop and provide guidance to States and energy credit agencies (as defined in section 45R(e) of the Internal Revenue Code of 1986) for establishing methods of measuring overall energy savings of commercial building energy projects (as defined in section 45R(e) of such Code), including methods for comparing energy savings ratings under industry energy standards for commercial buildings other than ASHRAE Standard 90.1-2007 with such ASHRAE standard. (c) Credit Treated as Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (33), by striking the period at the end of paragraph (34) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(35) commercial building energy credit determined under section 45R(a).''. (d) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45R(i).''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45R. Commercial building energy project credit.''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.", "summary": "Building Energy Tax Credit Act of 2009 - Amends the Internal Revenue Code to allow a tax credit for 35% of the cost of energy conservation commercial building property installed as part of a commercial building energy project within the jurisdiction of a state energy credit agency. Requires a building, to be eligible for such credit, to achieve an energy consumption rate of not more than 60% of the rate established by the American Society of Heating, Refrigerating and Air-conditioning Engineers (ASHRAE) Standard 90.11-2207 for commercial buildings."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Act of 2001''. SEC. 2. DEFINITION OF DEBT FORGIVENESS. Section 343(a)(12)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(12)(B)) is amended to read as follows: ``(B) Exceptions.--The term `debt forgiveness' does not include-- ``(i) consolidation, rescheduling, reamortization, or deferral of a loan; ``(ii) a write-down during the lifetime of the borrower that is due to a financial problem of the borrower relating to a natural disaster or a medical condition of the borrower or an immediate family member of the borrower (or, in the case of a borrower that is an entity, a principal owner of the borrower or an immediate family member of such an owner); or ``(iii) any write-down provided as a part of a resolution of a discrimination complaint against the Secretary.''. SEC. 3. LOAN ELIGIBILITY FOR BORROWERS WITH PRIOR DEBT FORGIVENESS. Section 373(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008h(b)) is amended to read as follows: ``(b) Loans Prohibited for Certain Borrowers Who Have Received Debt Forgiveness.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary may not make or guarantee a loan under subtitle A or B to a borrower who, on more than 2 occasions, received debt forgiveness on a loan made or guaranteed under this title. ``(2) Exceptions.--The Secretary may make a direct or guaranteed farm operating loan for paying annual farm or ranch operating expenses of a borrower who-- ``(A) was restructured with a write-down under section 353; or ``(B) is current on payments under a confirmed reorganization plan under chapter 11, 12, or 13 of title 11, United States Code.''. SEC. 4. ALLOCATION OF CERTAIN FUNDS FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS. Section 355(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(c)(2)) is amended by striking ``shall be reallocated within such State'' and inserting ``in the first 10 months of the fiscal year may be pooled and rcated for use of socially disadvantaged farmers and ranchers in other States as determined by the Secretary, in excess of the funds otherwise allocated in accordance with this section''. SEC. 5. EXCEPTION TO TERM LIMITS ON OPERATING LOANS ONLY FOR DISASTERS OR EMERGENCIES. (a) Direct Operating Loans.--Section 311(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``Subject to paragraph (3), the'' and inserting ``The''; (B) in subparagraph (B), by striking ``or''; (C) in subparagraph (C), by striking the period and inserting ``; or''; and (D) by adding at the end the following: ``(D) is operating in an area which, during the previous or current crop year-- ``(i) the Secretary finds has been affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Disaster Relief and Emergency Assistance Act; or ``(ii) has suffered from an economic emergency, as determined by the Secretary.''; and (2) by striking paragraph (3). (b) Guaranteed Operating Loans.--Section 319(b)(2) of such Act (7 U.S.C. 1949(b)(2)) is amended to read as follows: ``(2) Disasters and emergencies.--A farmer or rancher shall be eligible to receive a guaranteed operating loan under this subtitle if the borrower is operating in an area which, during the preceding or current crop year-- ``(A) the Secretary finds has been affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Disaster Relief and Emergency Assistance Act; or ``(B) has suffered from an economic emergency, as determined by the Secretary.''. SEC. 6. PERCENTAGE OF RECAPTURE FOR SHARED APPRECIATION ARRANGEMENT. (a) In General.--Section 353(e)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2001(e)(3)) is amended by striking ``, and 50'' and inserting ``, 50 percent if the recapture occurs after 4 years and within 8 years after the restructuring, and 35''. (b) Applicability.--The amendment made by subsection (a) shall apply to shared appreciation arrangements with respect to which recapture has not occurred, regardless of whether the arrangements were entered into before, on, or after the date of the enactment of this Act. SEC. 7. TECHNICAL CORRECTION. Section 353 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2001) is amended-- (1) by striking subsection (m); and (2) by redesignating subsections (n) and (o) as subsections (m) and (n), respectively.", "summary": "Agricultural Credit Act of 2001 - Amends the Consolidated Farm and Rural Development Act to exclude from \"debt forgiveness\": (1) loan rescheduling, consolidation, deferral, or reamortization; (2) a write-down due to natural disaster or family medical condition; or (3) a write-down as part of the resolution of a discrimination complaint against the Secretary of Agriculture.Increases the number of occasions of permitted loan or loan guarantee debt forgiveness per borrower from one to two. Includes as an exception to such limitation an operating loan or loan guarantee to an individual whose payments are current under a specified reorganization plan.Permits excess funds obligated for socially disadvantaged farmers to be reallocated for such use in another State (currently limited to intrastate reallocation).Permits direct operating loans and loan guarantees to be made to persons in areas: (1) affected by a natural disaster or designated emergency; or (2) determined to be suffering from an economic emergency.Revises (shared appreciation arrangement) recapture percentage provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Continued Participation Pension Act of 1996''. SEC. 2. CONTINUED PARTICIPATION IN DEFINED BENEFIT PLANS. Part 2 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1051 et seq.) is amended by redesignating section 211 as section 212 and by inserting after section 210 (29 U.S.C. 1060) the following new section: ``continued participation in defined benefit plans for certain individuals ``Sec. 211. (a) In General.--A defined benefit plan shall provide, in accordance with this section, that each qualified beneficiary who would lose eligibility to accrue benefits under the plan as a result of a qualifying event, may elect, within the election period, continued participation under the plan. ``(b) Continued Participation.--For purposes of this section, the term `continued participation' means continued accrual of benefits by a qualified beneficiary in accordance with section 204(b)(1), if the following requirements are met: ``(1) Determination of service.--A participant shall be treated as having not incurred a break in service with the employer or employers maintaining the plan. The period of continued participation shall be deemed to constitute service with the employer or employers maintaining the plan for the purpose of determining the nonforfeitability of the qualified beneficiary's accrued benefits and for the purpose of determining the accrual of benefits. The period of continued participation shall be deemed to be service with the employer under the terms of the plan or any applicable collective bargaining agreement. ``(2) Terms of continued participation.--For purposes of determining the amount of any liability and any obligation of the plan, earnings and forfeitures shall not be included. In the case of a multiemployer plan, any liability of the plan described in this section shall be allocated-- ``(A) by the plan in such manner as the sponsor maintaining the plan shall provide; or ``(B) if the sponsor does not so provide, to the last employer employing the person before the qualifying event. ``(3) Period of continued participation.--The period of participation shall extend for the period beginning on the date of the qualifying event and ending not earlier than the earliest of the following: ``(A) Maximum required period.--The date on which the participant reaches (or would have reached) normal retirement age under the plan. ``(B) End of plan.--The date on which the employer ceases to provide any defined benefit plan to any employee. ``(C) Failure to pay contribution.--The date on which benefits cease to accrue under the plan by reason of a failure to make timely payment of any contribution required under the plan with respect to the qualified beneficiary. ``(4) Contribution requirements.-- ``(A) In general.--A qualified beneficiary electing continued participation is liable to the defined benefit plan for funding any obligation of the plan to provide the benefits described in paragraph (1). The plan shall allocate to qualified beneficiaries the amount of applicable contribution attributable to employer contributions and mandatory employee contributions under the plan, in the same manner that employer contributions and mandatory employee contributions are allocated to similarly situated beneficiaries with respect to whom a qualifying event has not occurred. The plan shall provide for benefit accruals attributable to voluntary employee contributions only to the extent such benefit accruals attributable to such contributions were available to the participant prior to the qualifying event. For purposes of computing the beneficiary's contributions, the participant shall be deemed to have received compensation during the period of continued participation, at the rate in effect prior to the occurrence of the qualifying event, as if the participant had continued in service under the plan at the rate of 1,000 hours of work during any 12-month period. ``(B) Limitation.--For any period of continued participation, the contribution made by the qualified beneficiary-- ``(i) shall not exceed 102 percent of the applicable contribution for such period, and ``(ii) may, at the election of the payor, be made in monthly installments. In no event may the plan require the payment of any contribution before the day which is 45 days after the day on which the qualified beneficiary made the initial election for continued participation. ``(c) Election Period.-- ``(1) In general.--The election period-- ``(A) begins not later than the date on which benefits accrual would, but for continued participation in accordance with the section, cease, and ``(B) is of at least 90 days' duration. ``(2) Effect of election on other beneficiaries.--Except as otherwise specified in an election, any election of continued participation by a qualified beneficiary shall be deemed to include an election of continued participation on behalf of any other qualified beneficiary who would cease to be a beneficiary under the plan by reason of the qualifying event. ``(d) Exception for Certain Plans.--Subsection (a) shall not apply to any defined benefit plan for any calendar year if all employers maintaining such plan normally employed fewer than 20 employees on a typical business day during the preceding calendar year. ``(e) Definitions.--For purposes of this section-- ``(1) Applicable contribution.--The applicable contribution for any period of continued participation of qualified beneficiaries shall be equal to the actuarial value of benefit accruals attributable to the period of continued participation, as determined under regulations of the Secretary. ``(2) Qualified beneficiary.--The term `qualified beneficiary' means any beneficiary under the plan on the day before the qualifying event, including the participant in the case of a qualifying event described in paragraph (3)(A). ``(3) Qualifying event.--The term `qualifying event' means any of the following events occurring within seven years of attainment by the participant of normal retirement age, which, but for the continued participation provided under this section, would result in the cessation of benefit accruals of a qualified beneficiary: ``(A) The termination (other than by reason of such employee's gross misconduct), or reduction of hours, of the participant's employment. ``(B) The death of the participant.''. SEC. 3. EFFECTIVE DATES. (a) General Rule.--This Act shall apply to plan years beginning on or after July 1, 1996. (b) Special Rule for Collective Bargaining Agreements.--In the case of a defined benefit plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, this section shall not apply to plan years beginning before the later of-- (1) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (2) January 1, 2000.", "summary": "Continued Participation Pension Act of 1996 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for continued participation under a defined benefit plan for employees who are terminated from employment within seven years of attaining normal retirement age under the plan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``PTSD/TBI Guaranteed Review For Heroes Act''. SEC. 2. SPECIAL REVIEW BOARD. (a) In General.--Chapter 79 of title 10, United States Code, is amended by inserting after section 1553 the following new section: ``Sec. 1553a. Special review board for former members with post- traumatic stress disorder or traumatic brain injury ``(a) Establishment.--(1) The Secretary of Defense shall establish within the Office of the Secretary of Defense a board of review to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of a covered individual. The board shall be known as the `special review board'. ``(2) The special review board shall consist of not fewer than five members, at least one of whom shall be a health care professional from a field of medicine relevant to the matter being reviewed. ``(b) Review.--(1) Upon the request of a covered individual, Member of Congress, or the surviving spouse, next of kin, or legal representative of a covered individual, the special review board may review the discharge or dismissal of the individual. A request for review shall be made not later than 15 years after the discharge or dismissal. ``(2) The review by the special review board under paragraph (1) shall be based on-- ``(A) the records of the Armed Force concerned, including an evaluation of the actions of the covered individual before and after a deployment in support of a contingency operation; ``(B) the treatment or lack of treatment received by the covered individual for post-traumatic stress disorder or traumatic brain injury; and ``(C) such other evidence as may be presented to the board. ``(3) A covered individual who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38. ``(4) If the special review board reviews the discharge or dismissal of a covered individual, a service review agency may not review such discharge or dismissal. ``(5) If a Member of Congress requests the review of a covered individual under paragraph (1) and the special review board denies such request or does not change the discharge or dismissal of such individual under subsection (c), the special review board shall notify such Member of Congress of the decision and the rationale for such decision. ``(c) Actions.--As the result of a review of a covered individual under subsection (b), the special review board may change the discharge or dismissal of the individual to honorable. ``(d) Correction of Records.--The Secretary concerned shall correct the military records of a covered individual in accordance with a change made by the special review board under subsection (c). ``(e) Regulations.--(1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense. ``(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section. ``(f) Definitions.--In this section: ``(1) The term `covered individual' means a former member of the Armed Forces who-- ``(A) was deployed in support of a contingency operation; ``(B) was discharged or dismissed from the Armed Forces under a general or other than honorable condition; and ``(C) has been diagnosed by a health care professional with post-traumatic stress disorder or a traumatic brain injury. ``(2) The term `health care professional' means a physician, clinical psychologist, or psychiatrist. ``(3) The term `Member of Congress' has the meaning given that term in section 1130(d)(1) of this title. ``(4) The term `service review agency' has the meaning given that term in section 1559(c) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 79 of title 10, United States Code, is amended by inserting after the item relating to section 1553 the following new item: ``1553a. Special review board for members with post-traumatic stress disorder or traumatic brain injury.''. SEC. 3. EXAMINATION AND EVALUATION OF MEMBERS WITH POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. (a) Referral to Physical Evaluation Board; Limits on Separation.-- Section 1145(a)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(C) If a physician, clinical psychologist, psychiatrist, or other appropriate health care professional determines in an examination under this paragraph that a member who was deployed in support of a contingency operation has (or may have) post-traumatic stress disorder or a traumatic brain injury, the Secretary concerned-- ``(1) shall refer the member for evaluation by a physical evaluation board under section 1222 of this title; and ``(2) may not separate the member from an Armed Force until the Secretary considers the results of the evaluation as provided in subsection (d) of such section.''. (b) Evaluation by Physical Evaluation Board.--Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Evaluation for Post-Traumatic Stress Disorder or Traumatic Brain Injury.--With respect to a member who is referred under section 1145(a)(4)(C) of this title to a physical evaluation board for evaluation-- ``(1) if the board determines that the member is unfit to perform the duties of the member's office, grade, rank, or rating because of post-traumatic stress disorder or traumatic brain injury, the Secretary concerned shall retire or separate the member pursuant to this chapter; and ``(2) if the board determines that the member is fit to perform the duties of the member's office, grade, rank, or rating, the Secretary concerned shall take into account the findings of the board in the course of any separation of the member from an Armed Force.''.", "summary": "PTSD/TBI Guaranteed Review for Heroes Act - Directs the Secretary of Defense to establish a special review board to review the discharge or dismissal (other than one by a sentence of a general court-martial) of a member of the Armed Forces who: (1) was deployed in support of a contingency operation; (2) was discharged or dismissed under a general or other than honorable condition; and (3) has been diagnosed by a health care professional with post-traumatic stress disorder (PTSD) or a traumatic brain injury (TBI). Authorizes the board to undertake a review upon the request of the individual, their surviving spouse, next of kin, or legal representative, or a Member of Congress. Requires a review request to be made within 15 years of a discharge or dismissal. Authorizes the board, after a review, to change the discharge or dismissal of the individual to honorable. Requires the Secretary of the military department concerned to correct the military records of the individual in accordance with such change. Requires, if an appropriate health care official determines in an examination that a member who was deployed in support of a contingency operation has (or may have) PTSD or a TBI, the Secretary concerned to: (1) refer the member for an evaluation by a physical evaluation board; and (2) not separate the member until after considering the results of the evaluation."}
{"article": "SECTION 1. REGULATION OF GUN SHOWS. (a) In General.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) A person shall not hold a gun show unless-- ``(A) the person is licensed to do so under this subsection; and ``(B) at least 30 days have elapsed since the person, using a form which shall be prescribed by the Secretary, has notified the Secretary and the chief law enforcement officer of the postal address and the dates and times at which the gun show is to be held. ``(2) A person desiring to be licensed to hold a gun show shall submit to the Secretary an application which-- ``(A) contains a certification by the applicant that-- ``(i) the applicant meets the requirements of subparagraphs (A) through (D) of subsection (d)(1); and ``(ii) any gun show to be conducted under the license is not prohibited by State or local law, and will be conducted in accordance with the requirements of State and local law; ``(B) contains a photograph and fingerprints of the applicant; and ``(C) is in such form as the Secretary shall by regulation prescribe. ``(3)(A) The Secretary shall approve an application submitted pursant to paragraph (2) which meets the requirements of paragraph (2). On approval of the application and payment by the applicant of such fee as the Secretary shall establish to ensure that the fees collected under this subsection are sufficient to cover the costs of issuing licenses under this subsection, the Secretary shall issue to the applicant a license which, subject to the provisions of this chapter and other applicable provisions of law, entitles the licensee to hold gun shows in interstate or foreign commerce during the 3-year period that begins with the date the license is issued. ``(B) The Secretary shall approve or deny an application submitted under paragraph (2) within 60 days after the Secretary receives the application. If the Secretary fails to so act within such period, the applicant may bring an action under section 1361 of title 28 to compel the Secretary to so act. ``(4)(A) Before a person not licensed under this section transfers a firearm at a gun show-- ``(i) the person shall provide to the holder of the gun show written notice of-- ``(I) the name, age, and address of the person and of the prospective transferee (or, in the case of a party who is a corporation or other business entity, the identity and principal and local places of business of such party); ``(II) the serial number, make, and model of the firearm; and ``(III) the date and location of the transfer; and ``(ii) the holder of a gun show shall comply with the requirements imposed on licensed dealers by section 922(t) and subsections (g)(1)(A) and (g)(3)(A) of this section with respect to the transfer. ``(B) Within 30 days after the end of a gun show for which a license is issued under this subsection, the licensee shall deliver to the Secretary all records or documents which the licensee collected pursuant to subparagraph (A) during the gun show. ``(5) For purposes of this subsection, the term `gun show' means an event or function that is-- ``(A) sponsored by-- ``(i) a national, State, or local organization devoted to the collection, competitive use, or other sporting use of firearms; or ``(ii) an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community; and ``(B) held at a location-- ``(i) which is not specified in any license issued under subsection (b) or (c); ``(ii) at which a firearm is offered for sale or transfer; and ``(iii) at which 50 or more firearms are present, 1 or more of which has been shipped or tranported in interstate or foreign commerce.''. (b) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(7)(A) Whoever knowingly violates section 923(m)(1) shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subparagraph (A)(i) or (B) of section 923(m)(4) shall be fined under this title, imprisoned not more than 1 year, or both. ``(C) Whoever violates section 923(m)(4)(A)(ii) by knowingly failing to comply with a provision of law specified in such section shall be punished as otherwise provided under this section for knowingly violating the provision of law.''. (c) Effective Date.--The amendments made by this section shall apply to conduct engaged in after the 1-year period that begins with the date of the enactment of this Act.", "summary": "Amends the Federal criminal code to prohibit a person from holding a gun show unless such person is licensed to do so and at least 30 days have elapsed since the person has notified the Secretary of the Treasury and the chief law enforcement officer of the postal address and the dates and times at which the show is to be held. Sets forth provisions regarding license application requirements, fees, and application approval or denial procedures. Requires that before an unlicensed person transfers a firearm at a gun show, such person shall provide to the holder of the show written notice of: (1) the name, age, and address of such person and of the transferee; (2) the serial number, make, and model of the firearm; and (3) the date and location of the transfer. Requires the holder of the show to: (1) comply with requirements imposed on firearms dealers with respect to firearm transfers; and (2) deliver show records to the Secretary within 30 days after the show. Sets forth penalties for violations of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Obamacare Marriage Penalty Elimination Act''. SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN HEALTH INSURANCE PREMIUM TAX CREDIT. (a) In General.--Section 36B(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Elimination of marriage penalty.--In the case of a joint return-- ``(A) Credit determined separately with respect to each spouse.--The credit allowed under this section shall be sum of the two credits determined under this section separately with respect to each spouse (as provided under this subparagraph). ``(B) Treatment of income of spouses.-- ``(i) In general.--Except as provided in clause (ii), each spouse shall take into account the income of such spouse for purposes of this section. ``(ii) Income split not to result in ineligibility for credit for either spouse.-- If-- ``(I) the poverty line with respect to a spouse (determined after application of this paragraph but without regard to this clause) exceeds the income taken into account by such spouse for purposes of this section (as so determined), and ``(II) the income taken into account by the other spouse for purposes of this section (as so determined) exceeds the sum of the poverty line with respect to such other spouse (as so determined) plus the excess described in subclause (I), the excess described in subclause (I) shall be taken into account as income of the spouse referred to in subclause (I) and not as income of the spouse referred to in subclause (II). ``(C) Treatment of dependents.-- ``(i) In general.--Except as provided in clause (ii), dependents of the taxpayer shall be allocated between the two spouses at the election of the taxpayer. For purposes of determining the family size involved and household income with respect to each spouse, only such spouse and the dependents allocated to such spouse under this subparagraph shall be taken into account ``(ii) Limitation on taxpayer allocation.-- The number of dependents allocated to a spouse under clause (i) cannot exceed the number of dependents allocated to the other spouse by more than 1 dependent. ``(D) Treatment of premiums.--To the extent that the amount of any monthly premium is determined separately with respect to either spouse or any dependent of the taxpayer, such premium shall be taken into account by such spouse or the spouse to which such dependent is allocated under subparagraph (C). In the case of any monthly premium which is not so separately determined, such premium may be allocated between the two spouses at the election of the taxpayer.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. REDUCTION IN POVERTY LINE ELIGIBILITY LIMITATION FOR HEALTH INSURANCE PREMIUM TAX CREDIT. (a) Amendments to the Internal Revenue Code of 1986.-- (1) In general.--Section 36B(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``400 percent'' and inserting ``the applicable percentage''. (2) Applicable percentage.--Section 36B(c)(1) of such Code is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Applicable percentage.--The term `applicable percentage' means such percentage as the Secretary, after consultation with the Secretary of Health and Human Services, determines will result in a combination of increased Federal revenues and reduced Federal outlays which is equal to the combination of reduced Federal revenues and increased Federal outlays as a result of the amendments made by section 2 of the Obamacare Marriage Penalty Elimination Act.''. (3) Conforming amendments.-- (A) Section 36B(b)(3)(A)(i) of such Code is amended by inserting ``and subsection (c)(1)(A)'' after ``Except as provided in clause (ii)''. (B) Section 36B(f)(2)(B)(i) of such Code is amended by striking ``400 percent'' and inserting ``the applicable percentage (as defined in subsection (c)(1)(B))''. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2015. (b) Amendments to the Patient Protection and Affordable Care Act.-- (1) In general.--Section 1402(b)(2) of the Patient Protection and Affordable Care Act is amended by striking ``400 percent'' and inserting ``the applicable percentage (as defined in section 36B(c)(1)(B) of the Internal Revenue Code of 1986)''. (2) Conforming amendments.-- (A) Section 1402(c)(1)(A) of such Act is amended by striking ``The reduction'' and inserting ``Except as provided in subsection (b)(2), the reduction''. (B) Section 1402(c)(1)(B)(i) of such Act is amended by striking ``The Secretary'' and inserting ``Except as provided in subsection (b)(2), the Secretary''. (3) Effective date.--The amendments made by this subsection shall apply to months beginning after December 31, 2015.", "summary": "Obamacare Marriage Penalty Elimination Act This bill amends the Internal Revenue Code, with respect to the tax credit for health care insurance premium assistance, to: (1) calculate the amount of such credit in the case of a joint tax return as the sum of each credit amount allowed to each spouse, thus preventing the tax effect known as the marriage penalty; and (2) replace the 400% poverty line eligibility limit for such credit with an applicable percentage based on a calculation of the combination of increased tax revenues and decreased outlays resulting from this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Travelling Sales Crew Protection Act''. SEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT OF 1938 TO CERTAIN OUTSIDE SALESMEN. (a) In General.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended by adding at the end the following: ``(k) For purposes of subsection (a)(1), and notwithstanding any other provision of law, the term `outside salesman' does not include any individual employed in the position of a salesman, if the individual travels with a group of salespeople, including a supervisor, team leader or crew leader, and the employees in the group do not return to their permanent residences at the end of the work day.''. (b) Limitation on Child Labor.--Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following: ``(e) No individual under 18 years of age may be employed in a position requiring the individual to engage in door-to-door sales or in related support work in a manner that requires the individual to remain away from the individual's permanent residence for more than 24 hours.''. SEC. 3. PROTECTION OF TRAVELLING SALES CREWS. (a) Travelling Sales Crew Worker Defined.--(1) Except as provided in paragraph (2), the term ``travelling sales crew worker'' means an individual who-- (A) is employed as a salesperson or in related support work; (B) travels with a group of salespersons, including a supervisor; and (C) is required to be absent overnight from his or her permanent place of residence.-- (2) Such term does not include-- (D) any individual who meets the requirements of subparagraph (A) if such individual is travelling to a trade show or convention; or (E) any immediate family member of a travelling sales crew employer. (b) Secretary to Prescribe Rules.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor (hereinafter in this Act, the ``Secretary'') shall prescribe rules governing the protection of travelling sales crews. Such rules shall contain the following requirements: (1) Registration.--Each employer or supervisor of a travelling sales crew worker must obtain a certificate of registration from the Secretary. The Secretary shall prescribe the manner of application and the standards for issuance for such a certificate, including a reasonable fee for such application. (2) Employer requirements.--An employer of travelling sales crew workers must carry out the following duties, in accordance with the rules prescribed by the Secretary: (A) Disclosure of conditions of employment.--The employer must disclose to each travelling sales crew worker employed by such employer, in writing, information related to such worker's conditions of employment, including the rate of pay, applicable pay period, duration of employment, and whether the employer provides workers' compensation insurance coverage for the worker. (B) Payment of wages, recordkeeping.--For each pay period, the employer must-- (i) pay to each travelling sales crew worker employed by such employer wages owed such worker when due; (ii) make such payment in United States currency or by negotiable instrument; and (iii) provide a written statement to each travelling sales crew worker employed by such employer, and maintain records (which must be kept for at least 3 years), relating to the earnings of (and any withholdings of earnings from) each such worker. (C) Employer payment of employee business expenses.--Other than a deduction from wages for the actual cost to the employer of any board, lodging, or other facilities provided by the employer to a travelling sales crew worker employed by such employer, the employer may not require the worker-- (i) to purchase any goods or services solely from the employer; or (ii) to pay for any of the employer's business expenses. (D) Vehicle insurance.--The employer must maintain liability insurance coverage in compliance with any applicable State law and sufficient (as determined by the Secretary) to protect any travelling sales crew workers transported in such a vehicle and to ensure against liability to other persons and property arising from the use of such vehicle for such purpose, except that if the Secretary determines that such workers are covered under an applicable workers' compensation insurance policy provided by the employer, additional vehicle insurance covering such workers may be waived by the Secretary. (E) Transportation safety.--The employer must maintain any motor vehicle used to transport a travelling sales crew worker employed by such employer in compliance with any applicable Federal, State, or local vehicle safety standards and with any additional safety rules prescribed by the Secretary. (F) Housing safety.--The employer must maintain any lodging owned or controlled by the employer in compliance with any applicable Federal, State, or local housing, sanitation, health, building, or other safety standards and with any additional safety rules prescribed by the Secretary. (G) Prohibition on discrimination.--An employer, or an agent of the employer, may not intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any travelling sales crew worker because such worker has, with just cause, filed any complaint or instituted, or caused to be instituted, any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or because of the exercise, with just cause, by such worker on behalf of the worker or others of any right or protection afforded by this Act. SEC. 4. ENFORCEMENT. (a) Criminal Sanctions.--An employer that willfully and knowingly violates a rule prescribed under this Act shall be imprisoned for not more than one year or fined not more than $10,000, or both. Upon conviction for a subsequent violation of a rule prescribed under this Act, an employer shall be imprisoned for not more than 3 years or fined not more than $50,000, or both. (b) Civil Penalty.--An employer that violates a rule prescribed under this Act shall be liable to the United States for a civil penalty of not more than $10,000 for each such violation. The Secretary may assess and collect such civil penalty after a determination, made on the record after opportunity for an agency hearing, of-- (1) liability for such violation; and (2) the appropriate amount of the penalty, based on the previous compliance record of the employer and the gravity of the violation. (c) Administrative Actions.--The Secretary shall prescribe rules providing a procedure for an aggrieved travelling sales crew worker to file an administrative complaint with the Secretary, which the Secretary shall investigate and follow up with any appropriate enforcement action against the employer of such worker, including referral to the Attorney General of such employer for criminal sanctions under subsection (a), the imposition by the Secretary of a civil penalty under subsection (b), or the filing of a civil action on behalf of such worker to enjoin such employer under subsection (d). (d) Civil Action.--Any person aggrieved by a violation of a rule prescribed under this Act (or the Secretary, on behalf of any such person) may bring, in an appropriate United States district court (without regard to the amount in controversy, the citizenship of the parties, or the exhaustion of administrative remedies), a civil action-- (1) to enjoin such violation; (2) to recover the greater of-- (A) actual damages; or (B) not more than $1,000 for each such violation for each plaintiff (which may not exceed $1,000,000 for all plaintiffs in a class); and (3) for other equitable relief; and (4) to recover the costs of the litigation and a reasonable attorney fee.", "summary": "Traveling Sales Crew Protection Act - Amends the Fair Labor Standards Act of 1938 to: (1) exclude from an exemption from minimum wage and overtime requirements (thus applying such requirements to) employee members of traveling sales crews who do not return to their permanent residences at the end of the workday; and (2) prohibit minors from being employed in door-to-door sales or related support work requiring them to remain away from their permanent residences for more than 24 hours.Requires certificates of registration for employers and supervisors of traveling sales crews operations. Sets forth various obligations of employers of traveling sales crew workers. Directs the Secretary of Labor to: (1) administer such registration system; and (2) promulgate safety and health standards for vehicles used to transport traveling sales crew members. Sets forth enforcement provisions, including criminal sanctions, civil penalties, administrative complaints, and private rights of action."}
{"article": "SECTION 1. BOUNDARY MODIFICATION, MORLEY NELSON SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA, IDAHO. (a) Definitions.--In this section: (1) Conservation area.--The term ``Conservation Area'' means the Morley Nelson Snake River Birds of Prey National Conservation Area. (2) Gateway west.--The term ``Gateway West'' means the high-voltage transmission line project in Idaho and Wyoming jointly proposed by the entities Idaho Power Company, incorporated in the State of Idaho, and Rocky Mountain Power, a division of PacifiCorp, an Oregon Corporation. (3) Map.--The term ``map'' means the map titled ``Proposed Snake River Birds of Prey NCA Boundary Adjustment'' and dated October 13, 2016. (4) Sage-grouse species.--The term ``sage-grouse species'' means the greater sage-grouse (Centrocercus urophasianus) (including all distinct population segments). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Areas To Be Added to and Removed From Morley Nelson Snake River Birds of Prey National Conservation Area.--The boundary of the Conservation Area is hereby modified-- (1) to include-- (A) the approximately 4726 acres of land generally depicted as ``BLM Administered Lands'' on the map, to the extent such lands are part of the Lower Saylor Creek Allotment those lands would continue to be managed by the BLM Jarbidge Field Office until terms of the No. CV-04-181-S-BLW Stipulated Settlement Agreement are fully met, after which the lands would be managed by the Morley Nelson Snake River Birds of Prey National Conservation Area office; and (B) the approximately 86 acres of land generally depicted as ``BOR Administered Lands'' on the map; and (2) to exclude-- (A) the approximately 761 acres land generally depicted as ``Segment 8 Revised Proposed Route'' on the map, including 125 feet on either side of the center line of the Gateway West Transmission line, the Gateway West Transmission Line shall be sited so that the center line of Segment 8 is no more than 500 feet from the center line of the existing Summer Lake Transmission Line as described in the Summer Lake Transmission Line Right of Way Grant per FLPMA, IDI- 008875; and (B) the approximately 1,845 acres land generally depicted as ``Segment 9 Revised Proposed Route'' on the map including 125 feet on either side of the center line of the Gateway West Transmission line. (c) Right-of-Way and Conditions.-- (1) Right-of-way.--Notwithstanding any other provision of law, not later than 90 days after the date of the enactment of this section, the Secretary shall issue to Gateway West a right-of-way for the lands described in subsection (b)(2) to be used for the construction and maintenance of transmission lines, including access roads and activities related to fire prevention and suppression. The right-of-way issued under this paragraph shall contain the conditions described in subsection (c)(2), and be in alignment with the revised proposed routes for segments 8 and 9 identified as Alternative 1 in the Supplementary Final Environmental Impact Analysis released October 5, 2016. (2) Conditions.--The conditions that the Secretary shall include in the right-of-way described in paragraph (1) shall be in accordance with section 505 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1765) and are as follows: (A) Mitigation.--During the time of construction of each respective line segment, Gateway West shall mitigate for the impacts related to the transmission lines in accordance with the Compensatory Mitigation and Enhancement framework described in the final Supplemental Environmental Impact Statement with the stipulation that Compensatory Mitigation and Enhancement costs shall not exceed $8,543,440. (B) Conservation.--Gateway West shall contribute $2,000 per acre of right-of-way in the Conservation Area during the time of construction of Segment 8 Revised Proposed Route (comprising 761 acres) and during the construction of Segment 9 Revised Proposed Route (comprising 1,845 acres) to the Bureau of Land Management Foundation that shall be used for the purpose of conservation, including enhancing National Landscape Conservation System Units in Idaho, also known as National Conservation Lands. (C) Costs.--Gateway West shall pay all costs associated with the boundary modification, including the costs of any surveys, recording costs, and other reasonable costs. (D) Other.--Standard terms and conditions in accordance with section 505 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1765). (d) Administration.--The Secretary shall-- (1) administer the lands described in subsection (b)(1) as part of the Conservation Area in accordance with Public Law 103-64 and as part of the National Landscape Conservation System; and (2) continue to administer lands described in subsection (b)(2), but as lands that are not included in a Conservation Area or subject to Public Law 103-64. (e) Transfer of Administrative Jurisdiction.--Administrative jurisdiction over the approximately 86 acres of land depicted as ``BOR Administered Lands'' on the map is hereby transferred from the Bureau of Reclamation to the Bureau of Land Management. (f) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (g) Management Plan Amendment.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall amend the management plan for the Conservation Area to address the long-term management of the lands described in subsection (b)(1) in order to-- (1) determine appropriate management activities and uses of the lands described in subsection (b)(1) consistent with Public Law 103-64 and this section; (2) continue managing the grazing of livestock on the lands described in subsection (b)(1) in which grazing is established as of the date of the enactment of this section such that the grazing shall be allowed to continue, subject to such reasonable regulations, policies, and practices that the Secretary considers necessary; (3) allow motorized access on roads existing on the lands described in subsection (b)(1) on the date of the enactment of this section, subject to such reasonable regulations, policies, and practices that the Secretary considers necessary; and (4) allow hunting and fishing on the lands described in subsection (b)(1) consistent with applicable laws and regulations. SEC. 2. COTTEREL WIND POWER PROJECT. The approximately 203 acres of Federal land identified as ``Project Area'' on the map titled ``Cotterel Wind Power Project'' and dated March 1, 2006, may not be used for the production of electricity from wind. SEC. 3. BUREAU OF LAND MANAGEMENT FOUNDATION. The Secretary of the Interior shall-- (1) establish a Bureau of Land Management Foundation as a charitable and nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986; and (2) grant to such Foundation the same authorities granted to the National Park Foundation for its activities to benefit the National Park Service under subchapter II of chapter 1011 of title 54, United States Code, for the purpose of providing opportunities for the Bureau of Land Management to address a variety of specific challenges that could be better addressed with the support of a foundation, including-- (A) reclamation of legacy wells, contaminated native lands, and abandoned mine land sites; (B) sustainable management of wild horses and burros; (C) expanded scientific understanding of responsible development techniques; (D) voluntary conservation activities; and (E) proper identification and cataloging of cultural and historical treasure on public lands.", "summary": "This bill modifies the boundary of the Morley Nelson Snake River Birds of Prey National Conservation Area in Idaho to: (1) include specified Bureau of Land Management (BLM) administered land and certain Bureau of Reclamation administered land, and (2) exclude specified lands identified as the Segment 8 Revised Proposed Route and as the Segment 9 Revised Proposed Route. The Department of the Interior shall issue to Gateway West (a high-voltage transmission line project in Idaho and Wyoming) a right-of-way for such proposed routes, which is to be used for the construction and maintenance of transmission lines and for access roads and activities related to fire prevention and suppression, subject to construction mitigation and conservation requirements. Interior shall: (1) administer the BLM and Reclamation administered lands as part of the National Landscape Conservation System, and (2) continue to administer the proposed route lands as lands that are not included in the conservation area. The bill transfers from Reclamation to the BLM administrative jurisdiction over the Reclamation administered lands. Interior shall amend the management plan for the conservation area in order to address the long-term management of the BLM and Reclamation administered lands, including for livestock grazing, hunting, fishing, and motorized access. Specified federal land in the Cotterel Wind Power Project area may not be used for producing electricity from wind. Interior shall establish a Bureau of Land Management Foundation and grant it the same authorities granted to the National Park Foundation for National Park Service activities, for the purpose of providing opportunities for the BLM to address specific challenges that may be better addressed with the support of a foundation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Canyon Mountain Land Conveyance Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the approximately 17,826 acres of Federal land, as generally depicted on the map entitled ``Canyon Mountain Land Conveyance'', and dated June 27, 2013. (2) Planning area.--The term ``planning area'' means land-- (A) administered by the Director of the Bureau of Land Management; and (B) located in-- (i) the Coos Bay District; (ii) the Eugene District; (iii) the Medford District; (iv) the Roseburg District; (v) the Salem District; and (vi) the Klamath Falls Resource Area of the Lakeview District. (3) Definition of public domain land.-- (A) In general.--In this subsection, the term ``public domain land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (B) Exclusion.--The term ``public domain land'' does not include any land managed in accordance with the Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Cow Creek Band of Umpqua Tribe of Indians. SEC. 3. CONVEYANCE. (a) In General.--Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal land, including oil and gas, shall be-- (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). SEC. 4. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and Effect.--The map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public Availability.--The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. SEC. 5. ADMINISTRATION. (a) In General.--Unless expressly provided in this Act, nothing in this Act affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions.-- (1) Exports of unprocessed logs.--Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land. (2) Non-permissible use of land.--Any real property taken into trust under section 3 shall not be eligible, or used, for any gaming activity carried out under Public Law 100-497 (25 U.S.C. 2701 et seq.). SEC. 6. FOREST MANAGEMENT. Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws. SEC. 7. LAND RECLASSIFICATION. (a) Identification of Oregon and California Railroad Land.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any land owned by the Oregon and California Railroad that is conveyed under section 3. (b) Identification of Public Domain Land.--Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land that-- (1) is approximately equal in acreage and condition as the land identified under subsection (a); and (2) is located within the planning area. (c) Maps.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification.-- (1) In general.--After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as land owned by the Oregon and California Railroad. (2) Applicability.--The Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to land reclassified as land owned by the Oregon and California Railroad under paragraph (1)(B).", "summary": "Canyon Mountain Land Conveyance Act of 2013 - Holds in trust for the Cow Creek Band of Umpqua Tribe of Indians (Tribe) all right, title, and interest of the United States in and to approximately 17,826 acres of federal land generally depicted on the map entitled "Canyon Mountain Land Conveyance," dated June 27, 2013. Makes that land part of the Tribe's reservation. Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs that are harvested from the federal land conveyed to the Tribe. Prohibits gaming on those lands. Directs the Secretary of the Interior to convey to the Oregon and California Railroad public domain land that is located within a specified planning area and is approximately equal in acreage and condition to Railroad land that this Act conveys to the Tribe."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Treatment for Pregnant and Postpartum Women Act of 2016''. SEC. 2. REAUTHORIZATION OF RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND POSTPARTUM WOMEN. Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is amended-- (1) in subsection (p), in the first sentence, by inserting ``(other than subsection (r))'' after ``section''; and (2) in subsection (r), by striking ``such sums'' and all that follows through ``2003'' and inserting ``$16,900,000 for each of fiscal years 2017 through 2021''. SEC. 3. PILOT PROGRAM GRANTS FOR STATE SUBSTANCE ABUSE AGENCIES. (a) In General.--Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is amended-- (1) by redesignating subsection (r), as amended by section 2, as subsection (s); and (2) by inserting after subsection (q) the following new subsection: ``(r) Pilot Program for State Substance Abuse Agencies.-- ``(1) In general.--From amounts made available under subsection (s), the Director of the Center for Substance Abuse Treatment shall carry out a pilot program under which competitive grants are made by the Director to State substance abuse agencies to-- ``(A) enhance flexibility in the use of funds designed to support family-based services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; ``(B) help State substance abuse agencies address identified gaps in services furnished to such women along the continuum of care, including services provided to women in nonresidential based settings; and ``(C) promote a coordinated, effective, and efficient State system managed by State substance abuse agencies by encouraging new approaches and models of service delivery. ``(2) Requirements.--In carrying out the pilot program under this subsection, the Director shall-- ``(A) require State substance abuse agencies to submit to the Director applications, in such form and manner and containing such information as specified by the Director, to be eligible to receive a grant under the program; ``(B) identify, based on such submitted applications, State substance abuse agencies that are eligible for such grants; ``(C) require services proposed to be furnished through such a grant to support family-based treatment and other services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; ``(D) not require that services furnished through such a grant be provided solely to women that reside in facilities; ``(E) not require that grant recipients under the program make available through use of the grant all services described in subsection (d); and ``(F) consider not applying requirements described in paragraphs (1) and (2) of subsection (f) to applicants, depending on the circumstances of the applicant. ``(3) Required services.-- ``(A) In general.--The Director shall specify a minimum set of services required to be made available to eligible women through a grant awarded under the pilot program under this subsection. Such minimum set-- ``(i) shall include requirements described in subsection (c) and be based on the recommendations submitted under subparagraph (B); and ``(ii) may be selected from among the services described in subsection (d) and include other services as appropriate. ``(B) Stakeholder input.--The Director shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from substance abuse, and other appropriate individuals, for the minimum set of services described in subparagraph (A). ``(4) Duration.--The pilot program under this subsection shall not exceed 5 years. ``(5) Evaluation and report to congress.--The Director of the Center for Behavioral Health Statistics and Quality shall fund an evaluation of the pilot program at the conclusion of the first grant cycle funded by the pilot program. The Director of the Center for Behavioral Health Statistics and Quality, in coordination with the Director of the Center for Substance Abuse Treatment shall submit to the relevant committees of jurisdiction of the House of Representatives and the Senate a report on such evaluation. The report shall include at a minimum outcomes information from the pilot program, including any resulting reductions in the use of alcohol and other drugs; engagement in treatment services; retention in the appropriate level and duration of services; increased access to the use of medications approved by the Food and Drug Administration for the treatment of substance use disorders in combination with counseling; and other appropriate measures. ``(6) State substance abuse agencies defined.--For purposes of this subsection, the term `State substance abuse agency' means, with respect to a State, the agency in such State that manages the Substance Abuse Prevention and Treatment Block Grant under part B of title XIX.''. (b) Funding.--Subsection (s) of section 508 of the Public Health Service Act (42 U.S.C. 290bb-1), as amended by section 2 and redesignated by subsection (a), is further amended by adding at the end the following new sentence: ``Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r), other than paragraph (5) of such subsection. Notwithstanding the preceding sentence, no funds shall be made available to carry out subsection (r) for a fiscal year unless the amount made available to carry out this section for such fiscal year is more than the amount made available to carry out this section for fiscal year 2016.''. SEC. 4. CUT-GO COMPLIANCE. Subsection (f) of section 319D of the Public Health Service Act (42 U.S.C. 247d-4) is amended by striking ``through 2018'' and inserting ``through 2016, $133,300,000 for fiscal year 2017, and $138,300,000 for fiscal year 2018''. Passed the House of Representatives May 11, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": "(This measure has not been amended since it was reported to the House on May 10, 2016. Improving Treatment for Pregnant and Postpartum Women Act of 2016 (Sec. 2) This bill amends the Public Health Service Act to extend support for residential substance abuse treatment programs for pregnant and postpartum women through FY2021. (Sec. 3) The Center for Substance Abuse Treatment must carry out a pilot program to make grants to state substance abuse agencies to support services for pregnant and postpartum women who have a primary diagnosis of a substance use disorder, including opioid use disorders (opioids are drugs with effects similar to opium, such as heroin and certain pain medications). The Center for Behavioral Health Statistics and Quality must fund an evaluation of the pilot program. (Sec. 4) As an offset, the bill reduces the authorization of appropriations for Centers for Disease Control and Prevention facilities for FY2017."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2016'' or the ``EMPLEO Act''. SEC. 2. FEDERAL MINIMUM WAGE REQUIREMENT FOR ELIGIBLE PUERTO RICO EMPLOYEES. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6433(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6433 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. SEC. 3. WAGE SUBSIDY FOR PUERTO RICO WORKERS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. WAGE SUBSIDY FOR PUERTO RICO WORKERS. ``(a) In General.--In the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment. ``(b) Participating Employer.-- ``(1) In general.--For purposes of this section, the term `participating employer' means an employer which-- ``(A) elects the application of this section, ``(B) makes qualified wage subsidy payments to all eligible Puerto Rico employees of such employer, ``(C) provides to each eligible Puerto Rico employee (in such form and manner as the Secretary shall by regulations prescribe) information about the amount of qualified wage subsidy payments paid to such employee at the time such payments are made, and ``(D) in the case of an employer which elects to receive an advance payment under subsection (g), provides to the Secretary the information described in paragraph (2) not later than 30 days before the beginning of the applicable period. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(B) An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(D) An estimate of the aggregate amount of qualified wage subsidy payments that will be paid by such employer to eligible Puerto Rico employees for such applicable period. ``(3) Failure to make subsidy payments.--For purposes of this title (including penalties), the failure by any employer which makes an election under paragraph (1)(A) to make any qualified wage subsidy payment at the time provided therefor shall be treated as the failure at such time to deduct and withhold under section 3102 an amount equal to the amount of such qualified wage subsidy payment. ``(c) Eligible Puerto Rico Employee.--For purposes of this section, the term `eligible Puerto Rico employee' means, with respect to any calendar year, any individual who-- ``(1) is a citizen of the United States, ``(2) has a social security number issued to the individual by the Social Security Administration, and ``(3) certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(2) Median hourly wage for puerto rico.--For purposes of paragraph (1)(A), the median hourly wage for Puerto Rico is-- ``(A) $10 for calendar years 2017 and 2018, and ``(B) for any calendar year beginning after 2018, the amount determined by the Bureau of Labor Statistics based on the most recent data available as of 30 days before the start of such calendar year. ``(3) Determination of hourly wage.--For purposes of paragraph (1)(B)-- ``(A) In general.--The hourly wage of any employee shall be determined without regard to any qualified wage subsidy payment under this section. ``(B) Period.--Each hour at which an eligible Puerto Rico employee performs services for a different rate of pay shall be treated as a separate period. ``(C) Salaried employees.--In the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080. ``(e) Payroll Taxes.--For purposes of this section, the term `payroll taxes' means-- ``(1) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and ``(2) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes). ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable period.--For purposes of this section, the term `applicable period' means-- ``(A) except as provided in subparagraph (B), a calendar quarter, and ``(B) in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations. ``(2) Wage subsidy payments in excess of payroll tax liability.--To the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes. ``(g) Advanced Payments for Certain Participating Employers.-- ``(1) In general.--In the case of a participating employer which elects the application of this subsection, the Secretary shall pay to such participating employer, not later than the first day of the applicable period, an amount equal to the excess of-- ``(A) the aggregate amount of qualified wage subsidy payments for such applicable period (as determined based on estimates submitted under subsection (b)(2)), exceeds ``(B) the aggregate amount of payroll taxes (determined without regard to any increase in tax under section 3111 by reason of paragraph (2) and based on estimates submitted under subsection (b)(2)) for such applicable period. ``(2) Treatment of payments.--For purposes of this title, the amount of taxes imposed under section 3111 on any participating employer for any calendar quarter shall be increased by an amount equal to any payment made under paragraph (1) with respect to such calendar quarter.''. (b) Social Security Trust Funds Held Harmless.--In determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6433 of the Internal Revenue Code of 1986 shall not be taken into account. (c) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or 6431'' and inserting ``6431, or 6433''. (2) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6433. Wage subsidy for Puerto Rico workers.''. (d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by inserting after paragraph (14) the following new paragraph: ``(15) in the case of an eligible Puerto Rico employee (as defined in section 6433), the amount of any qualified wage subsidy payment paid to such employee.''. (2) Penalty for failure to provide information to employees.--Section 6652 of such Code is amended by adding at the end the following new subsection: ``(o) Failure To Report Wage Subsidy Information to Employees.--In the case of a failure to provide the information required under section 6433(b)(1)(C) at the time required for providing such information, there shall be paid (upon notice and demand by the Secretary and in the same manner as tax) by the person failing to provide such information, an amount equal to $50 for each such failure. In the case of any failure due to negligence or intentional disregard, the preceding sentence shall be applied by substituting `$100' for `$50'.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2016.", "summary": "Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2016 or the EMPLEO Act This bill amends the Fair Labor Standards Act of 1938 to require every employer to pay to each of his or her eligible Puerto Rican employees who in any workweek are engaged in commerce and who receive qualified wage subsidy payments minimum wages of $5.00 an hour, determined without regard to those wage subsidy payments. The bill amends the Internal Revenue Code to treat certain employers who make qualified wage subsidy payments to eligible Puerto Rico employees as having paid payroll taxes in an amount equal to the wage subsidy payment. An “eligible Puerto Rico employee” is any individual who: (1) is a U.S. citizen, (2) has a Social Security number, and (3) certifies to the employer that he or she is a resident of Puerto Rico and intends to remain a resident for at least the next six months. A “qualified wage subsidy payment” is a payment equal to 50% of the excess (if any) of: (1) the median hourly wage for Puerto Rico ($10 for 2017 and 2018), over (2) the hourly wage paid to the eligible Puerto Rico employee. The bill sets forth reporting requirements for participating employers and requirements for determining the median hourly wage for Puerto Rico after 2018."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Jamming Prevention Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The most fundamental right accorded to United States citizens by the Constitution is the right to vote, and unimpeded exercise of the right to vote is essential to the functioning of our democracy. (2) Historically, significant efforts have been undertaken to prevent qualified individuals from exercising this right. (3) Poll taxes, property requirements, and literacy tests were once used to restrict voters' access to the polls. Now, efforts like deceptive practices, intimidation, and dirty tricks are used to impede qualified voters' exercise of their right to vote, to prevent voters from making informed decisions as to how to cast that vote, and to prevent candidates, parties, and organizations from engaging in constitutionally protected political speech. (4) In recent elections, there have been allegations of political campaigns and committees using telephone jamming techniques to shut down the communication operations of groups supporting their political opponents. (5) In November 2002, according to the Department of Justice, groups working on behalf of the Republican candidates in New Hampshire conspired to shut down Democratic get-out-the- vote efforts by placing hang-up calls to the phones of the Manchester Democratic Party and the Manchester Professional Firefighters Association, which were providing qualified voters rides to the election polling places. Several people have pled guilty or been convicted in connection with the incident. (6) As a result of the hang-up call effort, the phone lines of the Manchester Democratic Party and the Manchester Professional Firefighters Association were jammed on election day 2002 and qualified voters were unable to access information that would have facilitated their access to polling places. (7) The use of telephones or other communication devices to jam election-related communications should be prohibited in order to protect qualified voters' right to vote. SEC. 3. PROHIBITION ON PREVENTING OR OBSTRUCTING THE BROADCAST OR EXCHANGE OF INFORMATION THROUGH TELECOMMUNICATIONS DEVICES. (a) Prohibition.-- (1) In general.--Subparagraph (C) of section 223(a)(1) of the Communications Act of 1934 (47 U.S.C. 223(a)(1)(C)) is amended by striking ``with the intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications;'' and inserting ``with the intent to-- ``(i) annoy, abuse, threaten, or harass any person at the called number or who receives the communications; ``(ii) prevent or obstruct the broadcast or exchange of election-related information; or ``(iii) impair or obstruct any other telecommunications device from being used to engage in communications containing election- related information;''. (2) Election-related information.--Subsection (h) of section 223 of the Communications Act of 1934 (47 U.S.C. 223(h)) is amended by adding at the end the following new paragraph: ``(5) The term `election-related information' means information related to-- ``(A) the endorsement, support, promotion of, or opposition to any clearly identified candidate or slate of candidates for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a territory or possession; ``(B) the time, place, or manner for the election of such offices; or ``(C) the facilitation of transport to or from polling places for any such election.''. (b) Private Right of Action.--Section 223 of the Communications Act of 1934 (47 U.S.C. 223) is amended by adding at the end the following new subsection: ``(i) Private Right of Action for Injunctive or Declarative Relief Against Certain Actions.--Any person aggrieved by a violation of subsection (a)(1)(C) may bring a civil action or other proper proceeding for injunctive or declarative relief in any court of competent jurisdiction, including an application in a United States district court.''.", "summary": "Election Jamming Prevention Act of 2006 - Amends the Communications Act of 1934 to prohibit the use of telecommunications devices to: (1) prevent or obstruct the broadcast or exchange of election-related information; or (2) impair or obstruct any other telecommunications device from being used to engage in communications containing election-related information. Defines \"election-related information.\" Provides a private right of action for injunctive or declarative relief against such violations (including a violation of the existing prohibition on annoying, abusing, threatening, or harassing any person at the called number or who receives the communications)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Assurance for Retired Employees Act of 1996''. SEC. 2. ADVANCE NOTICE OF MATERIAL REDUCTIONS IN COVERED SERVICES UNDER GROUP HEALTH PLANS. (a) Advance Notice.-- (1) In general.--Section 104(b)(1) of the Employee Retirement Income Security Act of 1974 (as amended by section 101(c)(1)(B) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191)) is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (B) by striking ``(1) The administrator'' and inserting ``(1)(A) The administrator''; (C) by striking ``The administrator'' the second place it appears and inserting the following: ``(B) The administrator''; (D) by striking ``If there is a modification'' and inserting the following: ``(C) If there is a modification''; and (E) by adding at the end the following new subparagraph: ``(D) Notwithstanding subparagraph (C), a modification or change described in section 102(a)(1) in covered services or benefits provided in the case of a group health plan (as defined in section 706(a)(1))) relating to retiree health benefits, a summary description of such modification or change shall be furnished to participants and beneficiaries not later than 180 days before the effective date of the modification or change. In any case in which an individual first becomes a participant under a group health plan during any such 180-day period with respect to such a modification or change or (in the case of any other beneficiary under the plan) first receives benefits under the plan during such 180-day period, the requirements of the preceding sentence may be met by providing the summary description of such modification or change not later than the date on which such individual first becomes a participant or such other beneficiary first receives benefits under the plan.''. (2) Determination by Secretary.--Section 104 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024) is further amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) A change or modification in covered services or benefits provided in the case of a group health plan relating to retiree health benefits that is subject to the requirements of subsection (b)(1)(D) may not take effect until after the Secretary determines that such change or modification does not violate the plan, including collective bargaining agreements.''. (3) Advance notice to secretary.--Section 104(a)(1)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(1)(D)) is amended by inserting before the period the following: ``, or in the case of any such modifications and changes in covered services or benefits provided in the case of a group health plan relating to retiree health benefits, not later than 180 days before the effective date of such modification or change.''. (4) Civil penalty.--Section 502(c)(1) of such Act (29 U.S.C. 1132(c)(1)) is amended by striking ``or section 101(e)(1)'' and inserting ``, section 101(e)(1), or section 104(b)(1)(D)''. (b) Enforcement.-- (1) Requirements.--Section 4980B of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Notice of change or modification in health benefits.-- ``(1) In general.--A group health plan meets the requirements of this subsection if-- ``(A) the plan sponsor complies with section 104(b)(1)(D) of the Employee Retirement Income Security Act of 1974 (relating to providing advance notice of modification or change in retiree health benefits provided under a group health plan); and ``(B) such modification or change in retiree health benefits in a group health plan takes effect after the Secretary of Labor makes the determination required by section 104(d) of such Act that such change or modification does not violate the plan, including collective bargaining agreements. ``(2) Noncompliance period.--For the purposes of subsection (b), the noncompliance period with respect to this subsection shall be determined without regard to paragraph (2)(B)(ii) of subsection (b).''. (2) Conforming amendments.-- (A) Subsection (a) of section 4980B of such Code is amended by striking ``subsection (f)'' and inserting ``subsections (f) and (g)''. (B) Clause (iv)(II) of section 4980B(f)(2)(B) of such Code is amended by striking ``subsection (g)(1)(D)'' and inserting ``subsection (h)(1)(D)''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years ending after August 1, 1996. SEC. 3. CONTINUATION OF COVERAGE FOR PERSONS 55 AND OLDER UNTIL ELIGIBLE FOR MEDICARE. (a) In General.--Section 4980B(f)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(F) Coverage for persons 55 and older until eligible for medicare.--In the case of a covered employee who has attained the age of 55 before a qualifying event described in paragraph (3)(B)-- ``(i) in no event shall the period of continued coverage under subparagraph (B)(i) with respect to such event end before the applicable date under subparagraph (B)(iv), and ``(ii) the premium requirements for any period of continuation of coverage solely be reason of clause (i) shall be determined by substituting `110 percent' for `102 percent' in subparagraph (C)(i), unless the last sentence of subparagraph (C) otherwise applies.''. (b) Effective Date.--The amendments made by this section shall apply with respect to plan years ending after August 1, 1996. SEC. 4. PROTECTIONS UNDER THE MEDICARE PROGRAM FOR RETIRED WORKERS WHO LOSE RETIREE HEALTH BENEFITS. (a) No Premium Penalty for Late Enrollment.--The second sentence of section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended by inserting ``and not pursuant to a special enrollment period under section 1837(i)(4)'' after ``section 1837)''. (b) Special Medicare Enrollment Period.-- (1) In general.--Section 1837(i) of such Act (42 U.S.C. 1395p(i)) is amended by adding at the end the following new paragraph: ``(4)(A) In the case of an individual who-- ``(i) at the time the individual first satisfies paragraph (1) or (2) of section 1836-- ``(I) is enrolled in a group health plan described in section 1862(b)(1)(A)(v) by reason of the individual's (or the individual's spouse's) current employment or otherwise, and ``(II) has elected not to enroll (or to be deemed enrolled) under this section during the individual's initial enrollment period; and ``(ii) whose continuous enrollment under such group health plan is involuntarily terminated at a time when the enrollment under the plan is not by reason of the individual's (or the individual's spouse's) current employment, there shall be a special enrollment period described in subparagraph (B). ``(B) The special enrollment period referred to in subparagraph (A) is the 6-month period beginning on the date of the enrollment termination described in subparagraph (A)(ii).''. (2) Coverage period.--Section 1838(e) of such Act (42 U.S.C. 1395q(e)) is amended-- (A) by inserting ``or 1837(i)(4)(B)'' after ``1837(i)(3)'' the first place it appears, and (B) by inserting ``or specified in section 1837(i)(4)(A)(i)'' after ``1837(i)(3)'' the second place it appears''. (c) Providing for Medigap Open Enrollment Period.--Section 1882(s)(2)(A) of such Act (42 U.S.C. 1395ss(s)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``during'', and (2) by inserting before the period at the end the following: ``or (ii) in the case of an individual who enrolls in part B pursuant to a special enrollment period provided under section 1837(i)(4), the 6-month period beginning with the first month as of the first day of which the individual is enrolled under part B pursuant to such enrollment''. (d) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act and apply to involuntary terminations of coverage under a group health plan occurring on or after August 1, 1996. (2) Transition.--In the case of an involuntary termination of coverage under a group health plan that occurred during the period beginning on August 1, 1996, and ending on the date of the enactment of this Act, the special enrollment period under section 1837(i)(4)(B) of the Social Security Act (as amended by subsection (b)) is deemed to begin as of the date of the enactment of this Act.", "summary": "Health Care Assurance for Retired Employees Act of 1996 - Amends the Employee Retirement Income Security Act of 1974, as amended by the Health Insurance Portability and Accountability Act of 1996, to require advance notice to participants and the Secretary of Labor of material reductions in group health plan covered services. Prohibits any such change from taking effect until the Secretary determines that it does not violate the plan, including collective bargaining agreements. Amends the Internal Revenue Code to require qualified pension plans to provide qualifying persons 55 years of age or older a coverage continuation option until they are eligible for Medicare. Amends title XVIII (Medicare) of the Social Security Act to provide retired workers who lose their retiree health benefits with specified Medicare enrollment and coverage protections."}
{"article": "SECTION 1. EQUAL ACCESS TO JUSTICE REFORM. (a) Short Title.--This Act may be cited as the ``Equal Access to Justice Reform Amendments of 2000''. (b) Award of Costs and Fees.-- (1) Administrative proceedings.--Section 504(a)(2) of title 5, United States Code, is amended by inserting after ``(2)'' the following: ``At any time after the commencement of an adversary adjudication covered by this section, the adjudicative officer may ask a party to declare whether such party intends to seek an award of fees and expenses against the agency should such party prevail.''. (2) Judicial proceedings.--Section 2412(d)(1)(B) of title 28, United States Code, is amended by inserting after ``(B)'' the following: ``At any time after the commencement of an adversary adjudication covered by this section, the court may ask a party to declare whether such party intends to seek an award of fees and expenses against the agency should such party prevail.''. (c) Payment From Agency Appropriations.-- (1) Administrative proceedings.--Section 504(d) of title 5, United States Code, is amended by adding at the end the following: ``Fees and expenses awarded under this subsection may not be paid from the claims and judgments account of the Treasury from funds appropriated pursuant to section 1304 of title 31.''. (2) Judicial proceedings.--Section 2412(d)(4) of title 28, United States Code, is amended by adding at the end the following: ``Fees and expenses awarded under this subsection may not be paid from the claims and judgments account of the Treasury from funds appropriated pursuant to section 1304 of title 31.''. (d) Taxpayers' Recovery of Costs, Fees, and Expenses.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code, is amended by striking subsection (f). (2) Judicial proceedings.--Section 2412 of title 28, United States Code, is amended by striking subsection (e). (e) Offers of Settlement.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code (as amended by subsection (d) of this section), is amended by adding at the end the following: ``(f)(1) At any time after the filing of an application for fees and other expenses under this section, an agency from which a fee award is sought may serve upon the applicant an offer of settlement of the claims made in the application. If within 10 days after service of the offer the applicant serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof. ``(2) An offer not accepted shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorneys' fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.''. (2) Judicial proceedings.--Section 2412 of title 28, United States Code (as amended by subsection (d) of this section), is amended by inserting after subsection (d) the following: ``(e)(1) At any time after the filing of an application for fees and other expenses under this section, an agency of the United States from which a fee award is sought may serve upon the applicant an offer of settlement of the claims made in the application. If within 10 days after service of the offer the applicant serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof. ``(2) An offer not accepted shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorneys' fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.''. (f) Elimination of Substantial Justification Standard.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code, is amended-- (A) in subsection (a)(1), by striking all beginning with ``, unless the adjudicative officer'' through ``expenses are sought''; and (B) in subsection (a)(2), by striking ``The party shall also allege that the position of the agency was not substantially justified.''. (2) Judicial proceedings.--Section 2412(d) of title 28, United States Code, is amended-- (A) in paragraph (1)(A), by striking ``, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust''; (B) in paragraph (1)(B), by striking ``The party shall also allege that the position of the United States was not substantially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.''; and (C) in paragraph (3), by striking ``, unless the court finds that during such adversary adjudication the position of the United States was substantially justified, or that special circumstances make an award unjust''. (g) Reports to Congress.-- (1) Administrative proceedings.--Not later than 180 days after the date of the enactment of this Act, the Administrative Conference of the United States shall submit a report to Congress-- (A) providing an analysis of the variations in the frequency of fee awards paid by specific Federal agencies under the provisions of section 504 of title 5, United States Code; and (B) including recommendations for extending the application of such sections to other Federal agencies and administrative proceedings. (2) Judicial proceedings.--Not later than 180 days after the date of the enactment of this Act, the Department of Justice shall submit a report to Congress-- (A) providing an analysis of the variations in the frequency of fee awards paid by specific Federal districts under the provisions of section 2412 of title 28, United States Code; and (B) including recommendations for extending the application of such sections to other Federal judicial proceedings. (h) Effective Date.--The provisions of this Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act and shall apply only to an administrative complaint filed with a Federal agency or a civil action filed in a United States court on or after such date.", "summary": "Prohibits payment of fees and expenses awarded in such proceedings from appropriated funds of the Treasury's claims and judgements account. Deletes provisions barring taxpayer recovery of costs, fees, or other expenses awarded under the Internal Revenue Code. Specifies that: (1) at any time after the filing of an application for fees and other expenses an agency may offer a settlement of the claims made (and, if within ten days, the applicant accepts, either party may file the offer and notice of acceptance); (2) an offer not accepted shall be deemed withdrawn (but shall not preclude a subsequent offer); and (3) if any award finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorney's fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer. Deletes requirements that a court find or a party allege that the position of the agency or of the United States was or was not substantially justified. Requires the Administrative Conference of the United States and the Department of Justice to report to the Congress on fee awards paid by Federal districts and agencies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV/AIDS Assistance Reauthorization Act of 2007''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 401(a) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7671(a)) (in this Act referred to as the ``Act'') is amended by inserting after ``2008'' the following: ``, $30,000,000,000 for fiscal years 2009 through 2013, and such sums as may be necessary for each fiscal year thereafter''. SEC. 3. MODIFICATIONS TO ALLOCATION OF FUNDS. (a) Promotion of Abstinence, Fidelity, and Other Preventative Measures.--Section 403(a) of the Act (22 U.S.C. 7673(a)) is amended to read as follows: ``(a) Promotion of Abstinence, Fidelity, and Other Preventative Measures.--Not less than 50 percent of the amounts appropriated pursuant to the authorization of appropriations under section 401 and available for programs and activities that include a priority emphasis on public health measures to prevent the sexual transmission of HIV shall be dedicated to abstinence and fidelity as components of a comprehensive approach including abstinence, fidelity, and the correct and consistent use of condoms, consistent with other provisions of law and the epidemiology of HIV infection in a given country. Programs and activities that implement or purchase new prevention technologies or modalities such as medical male circumcision, pre-exposure prophylaxis, or microbicides shall not be included in determining compliance with this subsection.''. (b) Extension of Orphans and Vulnerable Children Funding Requirement.--Section 403(b) of the Act (22 U.S.C. 7673(b)) is amended by striking ``2008'' and inserting ``2013''. SEC. 4. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) On May 30, 2007, President George W. Bush announced his intent to double the commitment of the United States to fight global HIV/AIDS with a new $30,000,000,000, 5-year proposal to reauthorize the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003. (2) With the enactment of the President's fiscal year 2008 budget, the United States Government will have committed $18,000,000,000 to the President's Emergency Plan for AIDS Relief (PEPFAR), which exceeds the original 5-year, $15,000,000,000 commitment. (3) After 3 years of PEPFAR implementation, the American people have supported treatment of 1,100,000 people in the 15 focus countries, including more than 1,000,000 people in Africa. (4) PEPFAR is on track to meet its 5-year goals to support treatment for 2,000,000 people, prevention of 7,000,000 new infections, and care for 10,000,000 people, including orphans and vulnerable children. (5) The success of PEPFAR is rooted in support for country- owned strategies and programs with commitment of resources and dedication to results, achieved through the power of partnerships with governments, with nongovernmental, faith- based, and community-based organizations, and with the private sector. (6) United States efforts to address global HIV/AIDS will be multiplied by engaging in partnerships with countries dedicating to fighting their HIV epidemics and with multilateral partners, such as the Global Fund, which can help leverage international resources and build upon the efforts of the United States to combat global HIV/AIDS. In his announcement of his intent to double the commitment of the United States to fight global HIV/AIDS, President Bush reiterated his call for developed and developing countries, in particular middle-income countries where projections suggest many new infections will occur, to increase their contributions to fighting AIDS. HIV/AIDS is a global crisis that requires a global response. The United States currently provides as many resources for global HIV/AIDS as all other developed country governments combined. But only together can we turn the tide against the global epidemic. (b) Purpose.--It is the purpose of this Act to expand PEPFAR, including the expansion of life-saving treatment, comprehensive prevention programs, and care for those in need, including orphans and vulnerable children, in the next 5-year period as a signal of the commitment of the United States to support, strengthen, and expand United States and global efforts to address these health crises in partnership with others. SEC. 5. UNITED STATES FINANCIAL PARTICIPATION IN THE GLOBAL FUND. (a) Authority To Increase Proportional Support.--Section 202(d) of the Act (22 U.S.C. 7622(d)) is amended by adding at the end the following new paragraph: ``(5) Authority to increase proportional support.-- ``(A) Findings.--Congress makes the following findings: ``(i) The Global Fund to Fight AIDS, Tuberculosis and Malaria is an innovative financing mechanism to combat the three diseases, and it has made progress in many areas. ``(ii) The United States Government is the largest supporter of the Fund, both in terms of resources and technical support. ``(iii) The United States made the founding contribution to the Funds, remains committed to the original vision for the Fund, and is fully committed to its success. ``(B) Authority.--The President may increase proportional support for the Fund, within the amount authorized to be appropriated by this Act, if benchmarks for performance, accountability, and transparency are satisfactorily met, and if the Fund remains committed to its founding principles. The United States Global AIDS Coordinator should consider the benchmarks set forth in subparagraphs (C) and (D) in assessing whether to make the annual contribution of the United States Government to the Fund. ``(C) Benchmarks related to transparency and accountability.--Increased proportional support for the Fund should be based upon achievement of the following benchmarks related to transparency and accountability: ``(i) As recommended by the Government Accountability Office, the Fund Secretariat has established standardized expectations for the performance of Local Fund Agents (LFAs), is undertaking a systematic assessment of the performance of LFAs, and is making available for public review, according to the Fund Board's policies and practices on disclosure of information, a regular collection and analysis of performance data of Fund grants, which shall cover both Principal Recipients and sub- recipients. ``(ii) A well-staffed, independent Office of the Inspector General reports directly to the Board and is responsible for regular, publicly published audits of both financial and programmatic and reporting aspects of the Fund, its grantees, and LFAs. ``(iii) The Fund Secretariat has established and is reporting publicly on standard indicators for all program areas. ``(iv) The Fund Secretariat has established a database that tracks all sub-recipients and the amounts of funds disbursed to each, as well as the distribution of resources, by grant and Principal Recipient, for prevention, care, treatment, the purchases of drugs and commodities, and other purposes. ``(v) The Fund Board has established a penalty to offset tariffs imposed by national governments on all goods and services provided by the Fund. ``(vi) The Fund Board has successfully terminated its Administrative Services Agreement with the World Health Organization and completed the Fund Secretariat's transition to a fully independent status under the Headquarters Agreement the Fund has established with the Government of Switzerland. ``(D) Benchmarks related to principles of fund.-- Increased proportional support for the Fund should be based upon achievement of the following benchmarks related to the founding principles of the Fund: ``(i) The Fund must maintain its status as a financing institution. ``(ii) The Fund must remain focused on programs directly related to HIV/AIDS, malaria, and tuberculosis. ``(iii) The Fund Board must maintain its Comprehensive Funding Policy, which requires confirmed pledges to cover the full amount of new grants before the Board approves them. ``(iv) The Fund must maintain and make progress on sustaining its multi-sectoral approach, through Country Coordinating Mechanisms (CCMs) and in the implementation of grants, as reflected in percent and resources allocated to different sectors, including governments, civil society, and faith- and community-based organizations.''. (b) Extension of Authorization.--Section 202(d) of such Act is further amended by striking ``2008'' each place it appears and inserting ``2013''.", "summary": "HIV/AIDS Assistance Reauthorization Act of 2007 - Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to authorize appropriations for HIV/AIDS assistance. Revises fund allocation provisions, including requiring that at least 50% of funds be made available for the promotion of abstinence, fidelity, and other preventative measures. Extends the minimum 10% funding obligation for orphans and vulnerable children through FY2013. Authorizes the President to increase proportional support for the Global Fund to Fight AIDS, Tuberculosis and Malaria, within the authorized amounts under this Act, if specified performance, accountability, and transparency benchmarks are met. Authorizes appropriations for Fund contributions through FY2013."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure Resiliency and Sustainability Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Hydrologic condition.--The term ``hydrologic condition'' means the quality, quantity, or reliability of the water resources of a region of the United States. (3) Owner or operator of a water system.-- (A) In general.--The term ``owner or operator of a water system'' means an entity (including a regional, State, tribal, local, municipal, or private entity) that owns or operates a water system. (B) Inclusions.--The term ``owner or operator of a water system'' includes-- (i) a non-Federal entity that has operational responsibilities for a federally, tribally, or State-owned water system; and (ii) an entity established by an agreement between-- (I) an entity that owns or operates a water system; and (II) at least 1 other entity. (4) Water system.--The term ``water system'' means-- (A) a community water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); (B) a treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)), including a municipal separate storm sewer system (as such term is used in that Act (33 U.S.C. 1251 et seq.)); (C) a decentralized wastewater treatment system for domestic sewage; (D) a groundwater storage and replenishment system; (E) a system for transport and delivery of water for irrigation or conservation; or (F) a natural or engineered system that manages floodwater. SEC. 3. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY. (a) Program.--The Administrator shall establish and implement a program, to be known as the ``Water Infrastructure Resiliency and Sustainability Program'', under which the Administrator shall award grants for each of fiscal years 2012 through 2016 to owners or operators of water systems for the purpose of increasing the resiliency or adaptability of the water systems to any ongoing or forecasted changes (based on the best available research and data) to the hydrologic conditions of a region of the United States. (b) Use of Funds.--As a condition on receipt of a grant under this Act, an owner or operator of a water system shall agree to use the grant funds exclusively to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that meets the purpose described in subsection (a) by-- (1) conserving water or enhancing water use efficiency, including through the use of water metering and electronic sensing and control systems to measure the effectiveness of a water efficiency program; (2) modifying or relocating existing water system infrastructure made or projected to be significantly impaired by changing hydrologic conditions; (3) preserving or improving water quality, including through measures to manage, reduce, treat, or reuse municipal stormwater, wastewater, or drinking water; (4) investigating, designing, or constructing groundwater remediation, recycled water, or desalination facilities or systems to serve existing communities; (5) enhancing water management by increasing watershed preservation and protection, such as through the use of natural or engineered green infrastructure in the management, conveyance, or treatment of water, wastewater, or stormwater; (6) enhancing energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (7) supporting the adoption and use of advanced water treatment, water supply management (such as reservoir reoperation and water banking), or water demand management technologies, projects, or processes (such as water reuse and recycling, adaptive conservation pricing, and groundwater banking) that maintain or increase water supply or improve water quality; (8) modifying or replacing existing systems or constructing new systems for existing communities or land that is being used for agricultural production to improve water supply, reliability, storage, or conveyance in a manner that-- (A) promotes conservation or improves the efficiency of use of available water supplies; and (B) does not further exacerbate stresses on ecosystems or cause redirected impacts by degrading water quality or increasing net greenhouse gas emissions; (9) supporting practices and projects, such as improved irrigation systems, water banking and other forms of water transactions, groundwater recharge, stormwater capture, groundwater conjunctive use, and reuse or recycling of drainage water, to improve water quality or promote more efficient water use on land that is being used for agricultural production; (10) reducing flood damage, risk, and vulnerability by-- (A) restoring floodplains, wetland, and upland integral to flood management, protection, prevention, and response; (B) modifying levees, floodwalls, and other structures through setbacks, notches, gates, removal, or similar means to facilitate reconnection of rivers to floodplains, reduce flood stage height, and reduce damage to properties and populations; (C) providing for acquisition and easement of flood-prone land and properties in order to reduce damage to property and risk to populations; or (D) promoting land use planning that prevents future floodplain development; (11) conducting and completing studies or assessments to project how changing hydrologic conditions may impact the future operations and sustainability of water systems; or (12) developing and implementing measures to increase the resilience of water systems and regional and hydrological basins, including the Colorado River Basin, to rapid hydrologic change or a natural disaster (such as tsunami, earthquake, flood, or volcanic eruption). (c) Application.--To seek a grant under this Act, the owner or operator of a water system shall submit to the Administrator an application that-- (1) includes a proposal for the program, strategy, or infrastructure improvement to be planned, designed, constructed, implemented, or maintained by the water system; (2) provides the best available research or data that demonstrate-- (A) the risk to the water resources or infrastructure of the water system as a result of ongoing or forecasted changes to the hydrological system of a region, including rising sea levels and changes in precipitation patterns; and (B) the manner in which the proposed program, strategy, or infrastructure improvement would perform under the anticipated hydrologic conditions; (3) describes the manner in which the proposed program, strategy, or infrastructure improvement is expected-- (A) to enhance the resiliency of the water system, including source water protection for community water systems, to the anticipated hydrologic conditions; or (B) to increase efficiency in the use of energy or water of the water system; and (4) describes the manner in which the proposed program, strategy, or infrastructure improvement is consistent with an applicable State, tribal, or local climate adaptation plan, if any. (d) Priority.-- (1) Water systems at greatest and most immediate risk.--In selecting grantees under this Act, subject to section 4(b), the Administrator shall give priority to owners or operators of water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant negative impacts due to changing hydrologic conditions. (2) Goals.--In selecting among applicants described in paragraph (1), the Administrator shall ensure that, to the maximum extent practicable, the final list of applications funded for each year includes a substantial number that propose to use innovative approaches to meet 1 or more of the following goals: (A) Promoting more efficient water use, water conservation, water reuse, or recycling. (B) Using decentralized, low-impact development technologies and nonstructural approaches, including practices that use, enhance, or mimic the natural hydrological cycle or protect natural flows. (C) Reducing stormwater runoff or flooding by protecting or enhancing natural ecosystem functions. (D) Modifying, upgrading, enhancing, or replacing existing water system infrastructure in response to changing hydrologic conditions. (E) Improving water quality or quantity for agricultural and municipal uses, including through salinity reduction. (F) Providing multiple benefits, including to water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement. (e) Cost-Sharing Requirement.-- (1) Federal share.--The share of the cost of any program, strategy, or infrastructure improvement that is the subject of a grant awarded by the Administrator to the owner or operator of a water system under subsection (a) paid through funds distributed under this Act shall not exceed 50 percent of the cost of the program, strategy, or infrastructure improvement. (2) Calculation of non-federal share.--In calculating the non-Federal share of the cost of a program, strategy, or infrastructure improvement proposed by a water system in an application submitted under subsection (c), the Administrator shall-- (A) include the value of any in-kind services that are integral to the completion of the program, strategy, or infrastructure improvement, including reasonable administrative and overhead costs; and (B) not include any other amount that the water system involved receives from the Federal Government. (f) Report to Congress.--Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Administrator shall submit to Congress a report that-- (1) describes the progress in implementing this Act; and (2) includes information on project applications received and funded annually under this Act. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $50,000,000 for each of fiscal years 2012 through 2016. (b) Reduction of Flood Damage, Risk, and Vulnerability.--Of the amount made available to carry out this Act for a fiscal year, not more than 20 percent may be made available to grantees for activities described in subsection (b)(10).", "summary": "Water Infrastructure Resiliency and Sustainability Act of 2011 - Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) establish the Water Infrastructure Resiliency and Sustainability Program to provide grants to owners or operators of water systems for programs or projects to increase the resiliency or adaptability of the systems to any ongoing or forecasted changes to the hydrologic conditions of a U.S. region; and (2) give priority to owners or operators of water systems that are at the greatest and most immediate risk of facing significant negative impacts due to changing hydrologic conditions. Requires the Administrator to ensure that the list of grant applications funded include a substantial number that propose to use innovative approaches that: (1) promote more efficient water use, water conservation, water reuse, or recycling; (2) use decentralized, low-impact development technologies and nonstructural approaches, including practices that use, enhance, or mimic the natural hydrological cycle or protect natural flows; (3) reduce stormwater runoff or flooding by protecting or enhancing natural ecosystem functions; (4) modify, upgrade, enhance, or replace existing water system infrastructure in response to changing hydrologic conditions; (5) improve water quality or quantity for agricultural and municipal uses, including through salinity reduction; and (6) provide multiple benefits, including to water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Maternity and Obstetric Medicine Act'' or the ``Healthy MOM Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Pregnancy is a significant life event for millions of women in the United States each year. (2) For more than 30 years, our Nation, through the Medicaid program, has recognized that pregnant women need immediate access to affordable care, and has allowed women who meet income-eligibility requirements to enroll in Medicaid coverage when they become pregnant. (3) Congress recognized the central importance of maternity coverage by classifying maternity and newborn care as one of the ten essential health benefits that must now be covered on most individual and small group health insurance plans under section 1302(b)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(b)(1)). (4) Access to comprehensive maternity coverage allows women to access important pregnancy-related care, which is demonstrated to improve health outcomes for women and newborns and reduce financial costs for both consumers and insurers. (5) Uninsured women, women with grandfathered and transitional health plans, self-funded student health plans, and catastrophic and high-deductible health plans may lack access to comprehensive and affordable maternity coverage. (6) A special enrollment period is especially important for young adults, who are at high risk for unintended pregnancies, yet young adults are frequently enrolled in catastrophic coverage, which often has fewer benefits, more restrictions, and higher deductibles. (7) Timely maternity care improves the health of pregnant women, as well as birth outcomes and the health of babies throughout their lifetimes. Pregnancy-related maternal mortality is three to four times higher among women who receive no maternity care compared to women who do. Regular maternity care can detect or mitigate serious pregnancy-related health complications, including preeclampsia, placental abruption, complications from diabetes, complications from heart disease, and Graves' disease, all of which can result in morbidity or mortality for the mother or newborn. (8) Regular maternity care can reduce preterm births and the health complications associated with preterm births. (9) Timely maternity care can reduce short- and long-term health care costs. If a woman does not have access to affordable maternity care during her pregnancy, and she or her newborn experiences pregnancy complications that result in health problems after birth, their insurer may end up paying much higher costs than if the insurer had covered the woman's maternity care during her pregnancy. Intensive maternity care can reduce hospital and neonatal intensive care unit admissions among infants, resulting in cost savings of $1,768 to $5,560 per birth. For women with high-risk pregnancies, intensive maternity care saves $1.37 for every $1 invested in maternity care. (b) Purpose.--The purpose of this Act is to protect the health of women and newborns by ensuring that all women eligible for coverage through the Exchanges established under title I of the Patient Protection and Affordable Care Act (Public Law 111-148) can access affordable health coverage during their pregnancy. SEC. 3. PROVIDING FOR A SPECIAL ENROLLMENT PERIOD FOR PREGNANT WOMEN. (a) Public Health Service Act.--Section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)) is amended by inserting ``including a special enrollment period for pregnant women, beginning on the date on which the pregnancy is reported to the health insurance issuer'' before the period at the end. (b) Patient Protection and Affordable Care Act.--Section 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) a special enrollment period for pregnant women, beginning on the date on which the pregnancy is reported to the Exchange; and''. (c) Special Enrollment Periods.--Section 9801(f) of the Internal Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the end the following new paragraph: ``(4) For pregnant women.-- ``(A) A group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan upon pregnancy, with the special enrollment period beginning on the date on which the pregnancy is reported to the group health plan. ``(B) The Secretary shall promulgate regulations with respect to the special enrollment period under subparagraph (A), including establishing a time period for pregnant women to enroll in coverage and effective date of such coverage.''. (d) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning after the 2016 plan year. SEC. 4. FEDERAL EMPLOYEE HEALTH BENEFIT PLANS. (a) In General.--The Director of the Office of Personnel Management shall issue such regulations as are necessary to ensure that pregnancy is considered a change in family status and a qualifying life event for an individual who is eligible to enroll, but is not enrolled, in a health benefit plan under chapter 89 title 5, United States Code. (b) Effective Date.--The requirement in subsection (a) shall apply with respect to any contract entered into under section 8902 of such title beginning 12 months after the date of enactment of this Act.", "summary": "Healthy Maternity and Obstetric Medicine Act or the Healthy MOM Act This bill amends the Public Health Service Act and Internal Revenue Code to require health insurers, health insurance exchanges, and group health plans to offer a special enrollment period to pregnant women beginning when the pregnancy is reported to the issuer, exchange, or plan. The Office of Personnel Management must ensure that eligible pregnant women are allowed to enroll in federal employee health benefit plans outside of the open enrollment period."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``PAC Limitation Act of 1999''. TITLE I--REFORMING CAMPAIGN FINANCE LAWS SEC. 101. BAN ON POLITICAL ACTION COMMITTEE CONTRIBUTIONS TO CANDIDATES IN ELECTIONS FOR FEDERAL OFFICE. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``ban on contributions to candidates by political action committees ``Sec. 323. (a) In General.--Notwithstanding any other provision of this Act, no political action committee may make any contribution to any candidate or any authorized committee of the candidate with respect to any election for Federal office. ``(b) Political Action Committee Defined.--In this section, the term `political action committee' means any political committee which is not-- ``(1) an authorized committee of a candidate; or ``(2) a national, State, local, or district committee of a political party, including any subordinate committee thereof.''. SEC. 102. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM SOURCES OUTSIDE THE DISTRICT. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions from all sources outside the congressional district involved totaling in excess of the total of contributions accepted from individual residents of the congressional district involved.''. SEC. 103. LIMITATION ON ACCEPTANCE OF SOFT MONEY BY NATIONAL AND CONGRESSIONAL COMMITTEES OF POLITICAL PARTIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 101, is amended by adding at the end the following new section: ``limitation on acceptance of soft money by national and congressional committees of political parties ``Sec. 324. A national committee of a political party and the congressional campaign committees of a political party may not, in any calendar year, accept more than $25,000 from any single person in contributions or transfers that are not otherwise subject to the limitations, prohibitions, and reporting requirements of this Act.''. SEC. 104. REPORTS ON FEDERAL POLITICAL ADVERTISEMENTS CARRIED BY RADIO STATIONS, TELEVISION STATIONS, AND CABLE SYSTEMS. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 101 and 103, is further amended by adding at the end the following new section: ``reports on federal political advertisements carried by radio stations, television stations, and cable systems ``Sec. 325. At such times and in such manner as the Commission shall prescribe by regulation, each operator of a radio broadcasting station, television broadcasting station, or cable system shall report to the Commission the identity of each advertiser, the cost, the duration, and other appropriate information with respect to each Federal political advertisement carried by the station or system, including any advertisement advocating the passage or defeat of Federal legislation, any advertisement advocating the election or defeat of a candidate for Federal office, and any advertisement characterizing the positions taken by such a candidate.''. SEC. 105. EFFECTIVE DATE. The amendments made by this title shall take effect on January 1, 2000. TITLE II--WORKER PAYCHECK FAIRNESS SEC. 201. FINDINGS. The Congress finds the following: (1) Workers who pay dues or fees to a labor organization may not, as a matter of law, be required to pay to that organization any dues or fees supporting activities that are not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. (2) Many labor organizations use portions of the dues or fees they collect from the workers they represent for activities that are not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. These dues may be used to support political, social, or charitable causes or many other noncollective bargaining activities. Unfortunately, many workers who pay such dues or fees have insufficient information both about their rights regarding the payment of dues or fees to a labor organization and about how labor organizations spend employee dues or fees. (3) It is a fundamental tenet of this Nation that all men and women have a right to make individual and informed choices about the political, social, or charitable causes they support, and the law should protect that right to the greatest extent possible. SEC. 202. PURPOSE. The purpose of this title is to ensure that all workers have sufficient information about their rights regarding the payment of dues or fees to labor organizations and the uses of employee dues and fees by labor organizations and that the right of all workers to make individual and informed choices about the political, social, or charitable causes they support is protected to the greatest extent possible. SEC. 203. WRITTEN CONSENT. (a) In General.-- (1) Authorization.--A labor organization accepting payment of any dues or fees from an employee as a condition of employment pursuant to an agreement authorized by Federal law must secure from each employee prior, voluntary, written authorization for any portion of such dues or fees which will be used for activities not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. (2) Requirements.--Such written authorization shall clearly state that an employee may not be required to provide such authorization and that if such authorization is provided, the employee agrees to allow any dues or fees paid to the labor organization to be used for activities which are not necessary to performing the duties of exclusive representation and which may be political, social, or charitable in nature. (b) Revocation.--An authorization described in subsection (a) shall remain in effect until revoked. Such revocation shall be effective upon 30 days written notice. (c) Civil Action by Employees.-- (1) Liability.--Any labor organization which violates this section or section 206 shall be liable to the affected employee-- (A) for damages equal to-- (i) the amount of the dues or fees accepted in violation of this section; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (B) for such equitable relief as may be appropriate. (2) Right of action.--An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any labor organization in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of-- (A) the employees; or (B) the employees and other employees similarly situated. (3) Fees and costs.--The court in such action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitation.--An action may be brought under this subsection not later than 2 years after the date the employee knew or should have known that dues or fees were accepted or spent by a labor organization in violation of this title, except that such period shall be extended to 3 years in the case of a willful violation. SEC. 204. NOTICE. An employer whose employees are represented by a collective bargaining representative shall be required to post a notice, of such size and in such form as the Department of Labor shall prescribe, in conspicuous places in and about its plants and offices, including all places where notices to employees are customarily posted, informing employees that any labor organization accepting payment of any dues or fees from an employee as a condition of employment pursuant to an agreement authorized by Federal law must secure from each employee prior, written authorization if any portion of such dues or fees will be used for activities not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. SEC. 205. DISCLOSURE TO WORKERS. (a) Expenses Reporting.--Section 201(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: ``Every labor organization shall be required to attribute and report expenses in such detail as necessary to allow members to determine whether such expenses were necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues.'' (b) Disclosure.--Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 is amended-- (1) by inserting ``and employees required to pay any dues or fees to such organization'' after ``members''; and (2) by inserting ``or employee required to pay any dues or fees to such organization'' after ``member'' each place it appears. (c) Written Requests.--Section 205(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: ``Upon written request, the Secretary shall make available complete copies of any report or other document filed pursuant to section 201.''. SEC. 206. RETALIATION AND COERCION PROHIBITED. It shall be unlawful for any labor organization to coerce, intimidate, threaten, interfere with, or retaliate against any employee in the exercise of, or on account of having exercised, any right granted or protected by this title. SEC. 207. REGULATIONS. The Secretary of Labor shall prescribe such regulations as are necessary to carry out section 204 not later than 60 days after the enactment of this title and shall prescribe such regulations as are necessary to carry out the amendments made by section 205 not later than 120 days after the enactment of this title. SEC. 208. EFFECTIVE DATE AND APPLICATION. This title shall be effective immediately upon enactment, except that sections 203 and 204 pertaining to worker consent and notice shall take effect 90 days after enactment and section 205 pertaining to disclosure shall take effect 150 days after enactment.", "summary": "Title II: Worker Paycheck Fairness - Outlines worker rights with regard to the payment of dues or fees to labor organizations, requiring the following: (1) prior, voluntary written authorization for any portion of such dues or fees used for activities not necessary to performing the duties of the employee's exclusive representative in dealing with the employer on labor management issues; and (2) posting of notices to that effect by an employer with employees represented by a collective bargaining representative. Provides for civil actions by employees against labor organizations for violations involving written consent and for retaliation and coercion with regard to any employee who exercises any such right under this title. Amends the Labor-Management Reporting and Disclosure Act of 1959 to do the following: (1) require certain expense reporting by labor organizations to allow members to determine the necessity of such expenses in the performance of the duties of the employee's exclusive representative in dealing with the employer on labor-management issues; and (2) require the Secretary of Labor to make available complete copies of reports by labor organizations, including annual financial reports or other related documents upon written request."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuity of Congress Act of 2003''. SEC. 2. FILLING OF VACANCIES AND INCAPACITIES IN CONGRESS FOLLOWING A CATASTROPHIC INCIDENT. (a) House of Representatives.-- (1) In general.--In the event that one-fourth of the members of the House of Representatives are killed or incapacitated, the legislature of each State may enact such laws declaring who shall serve in the place of such members as the State determines necessary. (2) Options.--Any law enacted under paragraph (1) by the legislature of a State may provide for-- (A) special elections in cases of vacancy; (B) appointment by the governor or legislature of the State, which in cases of vacancy shall be accompanied by a subsequent special election; (C) appointment pursuant to a list of successors created by the incumbent member of the House of Representatives, which in cases of vacancy shall be accompanied by a subsequent special election; or (D) such other procedures as the legislature of the State determines appropriate, which in cases of vacancy shall be accompanied by a subsequent special election. (3) Incapacity.--A member that has been incapacitated may reclaim his or her office at any time after such member determines that he or she is no longer incapacitated. (4) Vacancy.--In the case of vacancy under paragraph (1), the executive authority of the relevant State shall issue writs of election, which shall be held not later than 120 days after any such vacancy occurs. A general election occurring within such 120 day period shall be deemed to satisfy the requirements of this section. (5) Determination.--One-fourth of the members of the House of Representatives shall be considered to have been killed or incapacitated if-- (A) the Speaker of the House (or that person's designee) makes a joint declaration with the leader of the minority party in the House (or that person's designee) that one-fourth of such members have been killed or incapacitated; or (B) if-- (i) the governors of the several States individually certify that one or more of the members representing their respective States have been killed or incapacitated; and (ii) the President certifies, based upon the certifications made under clause (i), that, in the aggregate, one-fourth of the members of the House of Representatives have been killed or incapacitated. (b) Senate.-- (1) In general.--In the event that one-fourth of the members of the Senate are killed or incapacitated, the legislature of each State may enact such laws declaring who shall serve in the place of incapacitated members as the State determines necessary. (2) Options.--Any law enacted under paragraph (1) by the legislature of a State may provide for-- (A) appointment by the governor or legislature of the State; (B) appointment pursuant to a list of successors created by the incumbent member of the Senate; or (C) such other procedures as the legislature of the State determines appropriate. (3) Incapacity.--A member that has been incapacitated may reclaim his or her office at any time after such member determines that he or she is no longer incapacitated. (4) Determination.--One-fourth of the members of the Senate shall be considered to have been killed or incapacitated if-- (A) the Majority Leader of the Senate (or that person's designee) makes a joint declaration with the Minority Leader of the Senate (or that person's designee) that one-fourth of such members have been killed or incapacitated; or (B) if-- (i) the governors of the several States individually certify that one or more of the members representing their respective States have been killed or incapacitated; and (ii) the President certifies, based upon the certifications made under clause (i), that, in the aggregate, one-fourth of the members of the Senate have been killed or incapacitated. SEC. 3. LIMITATION. Nothing in this Act shall limit the authority of any State under the Constitution of the United States to fill a vacancy in the House of Representatives or the Senate. SEC. 4. EFFECTIVE DATE. This Act shall take effect upon the date of ratification of the related amendment to the Constitution of the United States authorizing this Act.", "summary": "Continuity of Congress Act of 2003 - Authorizes the legislature of each State to enact laws declaring who shall serve in the place of members of the House of Representatives and/or the Senate in the event that one-fourth of either or both Houses of Congress are killed or incapacitated."}
{"article": "SECTION 1. CONGRESSIONAL REVIEW OF RULES. (a) Short Title.--This Act may be cited as the ``Regulatory Oversight Act of 1995''. (b) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 553 the following new section: ``Sec. 553a. Congressional review of rules ``(a) For purposes of this section the term `significant rule' means any rule that may have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. ``(b)(1) Before a rule takes effect as a final rule, the agency promulgating such rule shall submit to the Congress a report containing-- ``(A) a copy of the rule; ``(B) a concise general statement relating to the rule; ``(C) the proposed effective date of the rule; and ``(D) a complete copy of the cost benefit analysis of the rule, if any. ``(2) A significant rule relating to a report submitted under paragraph (1) shall take effect as a final rule, the latest of-- ``(A) the later of the date occurring 45 days after the date on which-- ``(i) the Congress receives the report submitted under paragraph (1); or ``(ii) the rule is published in the Federal Register; ``(B) if the Congress passes a joint resolution of disapproval described under subsection (h) relating to the rule, and the President signs a veto of such resolution, the earlier date-- ``(i) on which either House of Congress votes and fails to override the veto of the President; or ``(ii) occurring 30 session days after the date on which the Congress received the veto and objections of the President; or ``(C) the date the rule would have otherwise taken effect, if not for this section (unless a joint resolution of disapproval under subsection (h) is enacted). ``(3) Except for a significant rule, a rule shall take effect as otherwise provided by law after submission to Congress under paragraph (1). ``(c) A rule shall not take effect as a final rule, if the Congress passes a joint resolution of disapproval described under subsection (h). ``(d)(1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a rule that would not take effect by reason of this section may take effect, if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. ``(2) Paragraph (1) applies to a determination made by the President by Executive order that the rule should take effect because such rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; or ``(C) necessary for national security. ``(3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under subsection (h) or the effect of a joint resolution of disapproval under this section. ``(4) This subsection and an Executive order issued by the President under this subsection shall not be subject to judicial review by a court of the United States. ``(e)(1) The provisions of subsection (h) shall apply to any rule that is published in the Federal Register (as a rule that shall take effect as a final rule) during the period beginning on the date occurring 60 days before the date the Congress adjourns sine die through the date on which the succeeding Congress first convenes. ``(2) For purposes of subsection (h), a rule described under paragraph (1) shall be treated as though such rule were published in the Federal Register (as a rule that shall take effect as a final rule) on the date the succeeding Congress first convenes. ``(3) During the period beginning on the date the Congress adjourns sine die through the date on which the succeeding Congress first convenes, a rule described under paragraph (1) shall take effect as a final rule as otherwise provided by law. ``(f) Any rule that takes effect and later is made of no force or effect by the enactment of a joint resolution under subsection (h) shall be treated as though such rule had never taken effect. ``(g) If the Congress does not enact a joint resolution of disapproval under subsection (h), no court or agency may infer any intent of the Congress from any action or inaction of the Congress with regard to such rule, related statute, or joint resolution of disapproval. ``(h)(1) For purposes of this subsection, the term `joint resolution' means only a joint resolution introduced after the date on which the report referred to in subsection (b) is received by Congress the matter after the resolving clause of which is as follows: `That Congress disapproves the rule submitted by the ________ relating to ________, and such rule shall have no force or effect. (The blank spaces being appropriately filled in.)'. ``(2)(A) A resolution described in paragraph (1) shall be referred to the committees in each House of Congress with jurisdiction. Such a resolution may not be reported before the eighth day after its submission or publication date. ``(B) For purposes of this subsection the term `submission or publication date' means the later of the date on which-- ``(i) the Congress receives the report submitted under subsection (b)(1); or ``(ii) the rule is published in the Federal Register. ``(3) If the committee to which is referred a resolution described in paragraph (1) has not reported such resolution (or an identical resolution) at the end of 20 calendar days after the submission or publication date defined under paragraph (2)(B), such committee may be discharged by the Majority Leader of the Senate or the Majority Leader of the House of Representatives, as the case may be, from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. ``(4)(A) When the committee to which a resolution is referred has reported, or when a committee is discharged (under paragraph (3)) from further consideration of, a resolution described in paragraph (1), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. ``(B) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. ``(C) Immediately following the conclusion of the debate on a resolution described in paragraph (1), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. ``(D) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in paragraph (1) shall be decided without debate. ``(5) If, before the passage by one House of a resolution of that House described in paragraph (1), that House receives from the other House a resolution described in paragraph (1), then the following procedures shall apply: ``(A) The resolution of the other House shall not be referred to a committee. ``(B) With respect to a resolution described in paragraph (1) of the House receiving the resolution-- ``(i) the procedure in that House shall be the same as if no resolution had been received from the other House; but ``(ii) the vote on final passage shall be on the resolution of the other House. ``(6) This subsection is enacted by Congress-- ``(A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''. (c) Technical and Conforming Amendment.--The table of sections for chapter 5 of title 5, United States Code, is amended by inserting after the item relating to section 553 the following: ``553a. Congressional review of rules.''. (d) Effective Date.--This Act shall take effect on the date of the enactment of this Act and shall apply to any significant rule that takes effect as a final rule on or after such effective date.", "summary": "Regulatory Oversight Act of 1995 - Provides for a review by the Congress of rules promulgated by Federal agencies, before such rules take effect as final rules. Requires Federal agencies to submit rules and reports on them, including any cost-benefit analyses, to the Congress. Allows the Congress to stop final implementation of significant rules through a joint resolution of disapproval (and override of any Presidential veto of such resolution). Defines a significant rule as any rule that may have an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Earmark Reform and Federal Spending Transparency and Accountability Act of 2011''. SEC. 2. LIMITATION ON CONTRIBUTIONS BY EARMARK BENEFICIARIES TO CERTAIN CANDIDATES. (a) Limitation.-- (1) In general.--Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Limitation on Contributions by Earmark Beneficiaries.-- ``(A) In general.--During the period which begins on January 1 of an odd-numbered year and ends on December 31 of the next even-numbered year, no earmark beneficiary shall make contributions aggregating more than $5,000 to any requesting candidate with respect to such earmark beneficiary. ``(B) Definitions.--For purposes of this paragraph: ``(i) Earmark beneficiary.--The term `earmark beneficiary' means any person who specifically requests and benefits from a congressionally directed spending item, a limited tax benefit, or a limited tariff benefit (as such terms are defined in paragraph 5 of rule XLIV of the Standing Rules of the Senate, determined by substituting `Senator or Member' for `Senator' in such paragraph) which was enacted into law during the period described in subparagraph (A) or any person who is hired to represent the interests of the person making the request. ``(ii) Requesting candidate; requesting individual.--The terms `requesting candidate' and `requesting individual' mean, with respect to any earmark beneficiary, any Senator or Member who requested the congressionally directed spending item, limited tax benefit, or limited tariff benefit (as so defined) which benefits the earmark beneficiary.''. (2) Conforming amendment.--Paragraph (1) of section 315(a) of such Act (2 U.S.C. 441a(a)) is amended by striking ``subsection (i) and section 315A'' and inserting ``paragraph (4), subsection (i), and section 315(A)''. (b) Inflation Adjustment.-- (1) In general.--Section 315(c)(1) of such Act (2 U.S.C. 441a(c)(1)) is amended by inserting ``(a)(4),'' after ``(a)(3)'' each place it appears in subparagraphs (B)(i) and (C). (2) Base period.--Section 315(c)(2)(B) of such Act (2 U.S.C. 441(c)(2)(B)) is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; and'', and by adding at the end the following new clause: ``(iii) for purposes of subsection (a)(4), calendar year 2010.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made on and after January 1, 2011. SEC. 3. LIMITS ON STAFF ATTENDANCE OF MEMBER FUND RAISERS. (a) In General.--Except as provided in subsection (b), an employee of the personal staff of a Member of Congress shall not attend a political fund raiser held on behalf of the Member of Congress for whom they are employed. (b) Exception.--A Member of Congress may designate 1 employee who shall not be subject to the provisions of subsection (a). SEC. 4. EARMARK PUBLIC DATABASE. Not later than July 1, 2011, the Secretary of the Senate and the Clerk of the House of Representatives shall post on the public website of their respective Houses a link to the earmark database maintained by the Office of Management and Budget. SEC. 5. FEDERAL EXPENDITURE PUBLIC DATABASE. Not later than July 1, 2011, the head of each department and agency of the Federal Government shall post on the public website of that department or agency a link to a searchable database that lists each contract, grant, cooperative agreement, and other expenditure made by the department or agency listing with respect to the expenditure the amount, purpose, term, and office making such expenditure. SEC. 6. VOUCHING FOR EARMARK REQUESTS. Paragraph 6(a)(4) of rule XLIV of the Standing Rules of the Senate is amended by inserting before the semicolon the following: ``and a certification that the recipient is qualified to handle the project, if applicable''. SEC. 7. GAO AUDITS. Not later than December 31, 2011, and each year thereafter, the Comptroller General shall submit a report to Congress that uses the OMB database-- (1) to randomly select a percentage of each of the programs and projects funded through earmarks in the preceding fiscal year; (2) to conduct an audit on each selected program or project reporting on the amount, purpose, term, requesting Member, and the present state of completion of the program or project; and (3) if the earmark contributes to an already existing program or project, to provide a detailed accounting of how the earmark contributed to each program or project.", "summary": "Earmark Reform and Federal Spending Transparency and Accountability Act of 2011 - Amends the Federal Election Campaign Act of 1971 to prohibit, between January 1 of an odd-numbered year and December 31 of the next even-numbered year, an earmark beneficiary from making contributions aggregating more than $5,000 to any requesting candidate with respect to such earmark beneficiary. Defines \"requesting candidate\" as any Senator or Member who requested a congressionally directed spending item, limited tax benefit, or limited tariff benefit (earmark) which benefits the earmark beneficiary. Prohibits the employees of the personal staff of a Member of Congress, except for one designee, from attending a political fund raiser held on the Member's behalf. Requires the Secretary of the Senate and the Clerk of the House of Representatives each to post on the respective public website a link to the earmark database maintained by the Office of Management and Budget (OMB). Requires the head of each federal department and agency to post on the respective public website a link to a searchable database that lists each contract, grant, cooperative agreement, and other expenditure made by the department or agency. Amends Rule XLIV (Congressionally Directed Spending and Related Items) of the Standing Rules of the Senate to require a Senator requesting an earmark in any legislation or an accompanying joint statement of managers to certify in the required written statement to the chairman and ranking member of the committee of jurisdiction that the earmark recipient is qualified to handle the project. Requires the Comptroller General, in an annual report to Congress, to use the OMB database to: (1) randomly select a percentage of each of the programs and projects funded through earmarks in the preceding fiscal year; (2) audit each selected one; and (3) provide a detailed accounting of how, if it does so, the earmark contributes to an already existing program or project."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Wireless Spectrum Use Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Competent management of the electromagnetic radio spectrum includes continued availability of spectrum for private wireless entities because of such entitiesD23/' unique ability to achieve substantial efficiencies in their use of this important and finite public resource. A private wireless system licensee or entity is able to customize communications systems to meet the individual needs of that licensee or end user while using engineering solutions and other cooperative arrangements to share spectrum with other private system licensees and entities without causing harmful interference or other degradation of quality or reliability to such other licensees or entities. Accordingly, spectrum allocations for the shared use of private wireless systems achieve a high level of spectrum use efficiency and contribute to the economic and social welfare of the United States. (2) Wireless communication systems dedicated to the internal communication needs of America's industrial, land transportation, energy (including utilities and pipelines), and other business enterprises are critical to the competitiveness of American industry and business in international commerce; increase corporate productivity; enhance the safety and welfare of employees; and improve the delivery of products and services to consumers in the United States and abroad. (3) During the past decade, the Federal Communications Commission allocation and licensing policies have led to dramatic increases in spectrum available for commercial mobile radio services while the spectrum available for private mobile radio systems has decreased, even though the Commission recognizes the spectrum use efficiencies and other public benefits of such private systems and the substantial increases in the use of such systems. (4) Spectrum auctions are designed to select among competing applications for spectrum licenses when engineering solutions, negotiation, threshold qualifications, service regulations, and other cooperative means employed by the Commission are not able to prevent mutual exclusivity among such applications. Private wireless systems, on the other hand, avoid mutual exclusivity through cooperative, multiple uses generally achieved by the Commission, the users, or the frequency advisory committees. Accordingly, the requirements of such private wireless systems are accommodated within the spectrum bands allocated for private uses. Since there is no mutual exclusivity among private wireless system applications, there is no need for the Commission to employ a mechanism, such as auctions, to select among applications. Auction valuation principles also do not apply to the private wireless licensing process because the private wireless spectrum is not used on a commercial, interconnected basis. Rather, such private allocations are used for internal communications applications to enhance safety, efficiency and productivity. Nonetheless, there should be some payment associated with the assignment of new private wireless spectrum, and the Commission can and should develop a payment mechanism for this purpose. SEC. 3. DEFINITIONS. Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraphs (33) through (52) as paragraph (35) through (54); and (2) by inserting after paragraph (32) the following: ``(33) Private Wireless System.--The term `private wireless system' means an infrastructure of telecommunications equipment and customer premises equipment that is owned by, and operated solely to meet the internal wireless communication needs of, an industrial, business, transportation, education, or energy (including utilities and pipelines) entity, or other licensee. ``(34) Private Wireless Provider.--The term `private wireless provider' means an entity that owns, operates, or manages an infrastructure of telecommunications equipment and customer premises equipment that is-- ``(A) used solely for the purpose of meeting the internal communications needs of another entity that is an industrial, business, transportation, education, or energy (including utilities and pipelines) entity, or similar end-user; ``(B) neither a commercial mobile service (as defined in section 332(d)(1)) nor used to provide public safety services (as defined in section 337(f)(1)); and ``(C) not interconnected with the public switched network.''. SEC. 4. ALLOCATION AND ASSIGNMENT OF ADDITIONAL SPECTRUM. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301) is amended by inserting after section 337 the following: ``SEC. 338. ALLOCATION AND ASSIGNMENT OF SPECTRUM FOR PRIVATE WIRELESS USES. ``(a) Rulemaking Required.--Within 120 days after the date of enactment of the Private Wireless Spectrum Use Act, the Commission shall initiate a rulemaking designed to identify and allocate at least 12 megahertz of electromagnetic spectrum located between 150 and 2,000 megahertz for use by private wireless licensees on a shared-use basis. The new spectrum proposed to be reallocated shall be available and appropriate for use by private wireless communications systems and shall accommodate the need for paired allocations and for proximity to existing private wireless spectrum allocations. In accommodating the various private wireless system needs in this rulemaking, the Commission shall reserve at least 50 percent of the reallocated spectrum for the use of private wireless systems. The remaining reallocated spectrum shall be available for use by private wireless providers solely for the purpose described in section 3(34)(A). ``(b) Order Required.--Within 180 days after the Commission initiates the rulemaking required by subsection (a), the Commission, in consultation with its frequency advisory committees, shall-- ``(1) issue an order reallocating spectrum in accordance with subsection (a); and ``(2) issue licenses for the reallocated spectrum in a timely manner.''. SEC. 5. REIMBURSEMENT FOR ADDITIONAL SPECTRUM ALLOCATED FOR PRIVATE WIRELESS SYSTEM USE. Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309 (j)) is amended by inserting after paragraph (14) the following: ``(15) Spectrum efficiency for shared spectrum.-- ``(A) Within 120 days after the date of enactment of the Private Wireless Spectrum Use Act, the Commission shall initiate a rulemaking to devise a schedule of payment to the Treasury by private wireless systems, and by private wireless providers for the purpose described in section 3(34)(A), in return for a license or other ability to use a portion of the spectrum reallocated under section 338. The schedule shall be designed to promote the efficient use of those frequencies. ``(B) Within 180 days after the Commission initiates the rulemaking required by subparagraph (A), the Commission, after consultation with its frequency advisory committees and after opportunity for comment, shall adopt a schedule of payment in accordance with subparagraph (A) and which it determines to be in the public interest. ``(C) In adopting the schedule of payments referred to in subparagraph (A), the Commission-- ``(i) may not base a finding of public interest, convenience, and necessity on the expectation of Federal revenues for the use of such schedule of payment; and ``(ii) shall take into account the private nature of the systems, the safety and efficiencies realized by the public as a result of these private uses, the amount of bandwidth and coverage area and geographic location of the license, and the degree of frequency- sharing.''. SEC. 6. SPECTRUM SHARING Section 309(j)(6) of the Communications Act of 1934 (47 U.S.C. 309(j)(6)) is amended-- (1) by striking ``or'' at the end of subparagraph (G); (2) by striking ``Act.'' in subparagraph (H) and inserting ``Act; or''; and (3) by adding at the end the following: ``(I) be construed to permit the Commission to take any action to create mutual exclusivity where it does not already exist.''. SEC. 7. CONFORMING AND TECHNICAL AMENDMENTS. (a) Private Mobile Service.--Section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)) is amended-- (1) by inserting ``and'' after the semicolon in paragraph (1); (2) by striking ``(c)(1)(B); and'' in paragraph (2) and inserting ``(c)(1)(B).''; and (3) by striking paragraph (3). (b) Application of Spectrum-use Payment Schedule to New Licenses.-- Section 337(a)(2) of the Communications Act of 1934 (47 U.S.C. 337(a)(2)) is amended by inserting ``or spectrum use payment schedule'' after ``competitive bidding''. (c) Exemption From Competitive Bidding.--Section 309(j)(2) of the Communications Act of 1934 (47 U.S.C. 309(j)(2)) is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by striking ``Act.'' in subparagraph (C) and inserting ``Act; or''; and (3) by adding at the end thereof the following: ``(D) for private wireless systems, and for private wireless providers for the purpose described in section 3(34)(A), that-- ``(i) are used to enhance the productivity or safety of business or industry; and ``(ii) are not made commercially available to the public, except for that purpose.''. (d) Technical Amendment.--Section 271(c)(1)(A) of the Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by striking ``3(47)(A),'' and inserting ``3(49)(A),''.", "summary": "Requires the FCC to: (1) devise a schedule for payments to the Treasury for shared-use spectrum used by private wireless systems; and (2) adopt a payment schedule determined to be in the public interest. Prohibits competitive bidding requirements from being construed to permit the FCC to take any action to create mutual exclusivity where it does not already exist."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Unfunded Mandates Information and Transparency Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) before acting on proposed Federal mandates, Congress should carefully consider their effects on consumers, workers, and small businesses; (2) Congress has often acted without adequate information concerning the costs of Federal mandates, instead focusing only on their benefits; (3) the implementation of the Unfunded Mandates Reform Act of 1995 has resulted in increased awareness of intergovernmental mandates without impacting existing environmental, public health, or safety laws or regulations; (4) the implementation of this Act will enhance public awareness of prospective Federal mandates on the private sector, State, local, and tribal governments without adversely affecting the environment, public health, or safety laws or regulations; (5) the costs of private sector mandates are often borne in part by consumers, in the form of higher prices and reduced availability of goods and services; (6) the costs of private sector mandates are often borne in part by workers, in the form of lower wages, reduced benefits, and fewer job opportunities; and (7) the costs of private sector mandates are often borne in part by small businesses, in the form of hiring disincentives and stunted economic growth. SEC. 3. PURPOSE. The purpose of this Act is-- (1) to improve the quality of Congress' deliberation with respect to proposed mandates on the private sector, by-- (A) providing Congress and the public with more complete information about the effects of such mandates; and (B) ensuring that Congress acts on such mandates only after focused deliberation on their effects; and (2) to enhance the ability of Congress and the public to distinguish between Federal mandates that harm consumers, workers, small businesses, State, local, and tribal governments and mandates that help those groups. SEC. 4. APPLICATION OF REPORTING REQUIREMENTS TO POLICIES INVOLVING CHANGES IN CONDITIONS OF GRANT AID. Section 423(c) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of paragraph (2), by striking the period and inserting ``; and'' at the end of paragraph (3), and by adding at the end the following new paragraph: ``(4) an assessment of the authorized level of funding to determine if the prospective costs of carrying out changes to a condition of Federal assistance being imposed on participating State, local, or tribal governments, and how these costs compare with the funds being authorized or, for reauthorizations, of the additional costs of changes in those conditions and how they compare with the changes in funding being authorized; and in cases where a bill or joint resolution provides such sums as are necessary, the assessment shall contain an estimate of that amount.''. SEC. 5. EXPANDING THE SCOPE OF LEGISLATIVE REPORTING REQUIREMENTS TO INCLUDE INDIRECT COSTS. (a) Indirect Costs.--Section 423(c) of the Congressional Budget Act of 1974 (as amended by section 4) is further amended-- (1) in its side heading, by inserting ``and Other Costs'' after ``Mandates'' ; and (2) by striking ``and'' at the end of paragraph (3), by striking the period and inserting ``; and'' at the end of paragraph (4), and by adding at the end the following new paragraph: ``(5) an identification and description of any reasonably foreseeable indirect costs to State, local, or tribal governments, or by the private sector, incurred as a result of implementing the Federal mandate in the bill or joint resolution.''. (b) Definition.--Section 421 of the Congressional Budget Act of 1974 is amended by redesignating paragraphs (10) through (13) as paragraphs (11) through (14), respectively and by adding after paragraph (9) the following new paragraph: ``(10) Reasonably foreseeable indirect costs.--The term `reasonably foreseeable indirect costs' means costs to the affected entities resulting from implementation of a Federal mandate other than their own direct costs to carry out any such mandate. Such costs include lost income and secondary monetary costs resulting from the Federal mandate.''. SEC. 6. EXPANDING THE SCOPE OF REGULATORY REPORTING REQUIREMENTS TO INCLUDE INDIRECT COSTS. Section 202(a) of the Unfunded Mandates Reform Act of 1995 is amended by striking ``the expenditure by'' and inserting ``direct or reasonably foreseeable indirect costs to''. SEC. 7. APPLICATION OF REPORTING REQUIREMENTS TO INCLUDE REGULATIONS IMPOSED BY INDEPENDENT REGULATORY AGENCIES. Paragraph (1) of section 421 of the Congressional Budget Act of 1974 is amended by striking ``, but does not include independent regulatory agencies''. SEC. 8. CLARIFICATION TO ENSURE REGULATORY AGENCY REPORTING REQUIREMENTS APPLIES TO ALL RESPECTIVE REGULATORY ACTIONS. Section 201 of the Unfunded Mandates Reform Act of 1995 is amended by inserting ``expressly'' after ``otherwise''. SEC. 9. CLOSE LEGAL LOOPHOLE ALLOWING FOR DISREGARDING OF REPORTING REQUIREMENTS BY REGULATORY AGENCIES. Section 202(a) of the Unfunded Mandates Reform Act of 1995 is amended by-- (1) striking ``Unless'' and all that follows through ``private sector,'' the first place it appears and inserting the following: ``Unless otherwise expressly prohibited by law, before promulgating any general notice of proposed rulemaking or final rule that includes a Federal mandate that may result in direct or reasonably foreseeable indirect costs to State, local, and tribal governments, in the aggregate, or to the private sector,''; and (2) striking ``and before promulgating'' and all that follows through ``containing--'' and inserting the following: ``or within six months after promulgating any final rule that was not preceded by a general notice of proposed rulemaking that includes a Federal mandate that may result in direct or reasonably foreseeable indirect costs by State, local, and tribal governments, in the aggregate, or by the private sector, of such amount or more (adjusted annually for inflation) in any one year; the agency shall prepare a written statement containing--''.", "summary": "Unfunded Mandates Information and Transparency Act of 2008 - Amends the Congressional Budget Act of 1974 to require reports on federal mandates to include: (1) an assessment of the prospective costs of carrying out changes to a condition of federal assistance being imposed on participating state, local, or tribal governments and how these costs compare with the funds being authorized; (2) for reauthorizations, an assessment of the additional costs of changes in those conditions compared with the changes in funding being authorized; (3) in cases where a bill or joint resolution provides necessary sums, an estimate of that amount; and (4) an identification and description of any reasonably foreseeable indirect costs to such governments or the private sector from implementing the federal mandate. Repeals a provision excluding independent regulatory agencies from reporting requirements. Makes requirements under this Act applicable to general notice of any final rule that includes such a mandate."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Deceptive Practices and Voter Intimidation Prevention Act of 2007''. SEC. 2. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS. (a) In General.--Chapter 29 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 618. Deceptive practices in Federal elections ``(a) Whoever, before or during a Federal election knowingly communicates election-related information about that election, knowing that information to be false, with the intent to prevent another person from exercising the right to vote in that election, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both. ``(b) As used in this section-- ``(1) the term `Federal election' means any general, primary, run-off, or special election for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a territory or possession; and ``(2) the term `election related information' means information regarding-- ``(A) the time, place, or manner of conducting the election; ``(B) the qualifications for or restrictions on voter eligibility for the election, including-- ``(i) any criminal penalties associated with voting in the election; or ``(ii) information regarding a voter's registration status or eligibility; ``(C) with respect to a closed primary election, the political party affiliation of any candidate for office, if the communication of the information also contains false information described in subparagraph (A) or (B); or ``(D) the explicit endorsement by any person or organization of a candidate running for any office voted on in the election.''. (b) Clerical Amendment.--The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item: ``618. Deceptive practices in Federal elections.''. SEC. 3. MODIFICATION OF PENALTY FOR VOTER INTIMIDATION. Section 594 of title 18, United States Code, is amended by striking ``one year'' and inserting ``5 years''. SEC. 4. SENTENCING GUIDELINES. (a) Review and Amendment.--Not later than 90 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under sections of title 18, United States Code, that are added or modified by this Act. (b) Authorization.--The United States Sentencing Commission may, for the purposes of the amendments made pursuant to this section, amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. SEC. 5. REPORTING VIOLATIONS AND REMEDIAL ACTION. (a) Reporting.--Any person may report to the Attorney General any violation or possible violation of section 594 or 618 of title 18, United States Code. (b) Corrective Action.-- (1) In general.--Immediately after receiving a report under subsection (a), the Attorney General shall consider and review such report and, if the Attorney General determines that there is a reasonable basis to find that a violation has occurred, the Attorney General shall-- (A) undertake all effective measures necessary to provide correct information to voters affected by the false information; and (B) refer the matter to the appropriate Federal and State authorities for criminal prosecution or civil action after the election. (2) Regulations.-- (A) In general.--The Attorney General shall promulgate regulations regarding the methods and means of corrective actions to be taken under paragraph (1). Such regulations shall be developed in consultation with the Election Assistance Commission, civil rights organizations, voting rights groups, State and local election officials, voter protection groups, and other interested community organizations. (B) Study.-- (i) In general.--The Attorney General, in consultation with the Federal Communications Commission and the Election Assistance Commission, shall conduct a study on the feasibility of providing the corrective information under paragraph (1) through public service announcements, the emergency alert system, or other forms of public broadcast. (ii) Report.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report detailing the results of the study conducted under clause (i). (3) Publicizing remedies.--The Attorney General shall make public through the Internet, radio, television, and newspaper advertisements information on the responsibilities, contact information, and complaint procedures applicable under this section. (c) Reports to Congress.-- (1) In general.--Not later than 90 days after any primary, general, or run-off election for Federal office, the Attorney General shall submit to Congress a report compiling and detailing any allegations of false information submitted pursuant to subsection (a) and relating to such election. (2) Contents.--Each report submitted under paragraph (1) shall include-- (A) detailed information on specific allegations of deceptive tactics; (B) statistical compilations of how many allegations were made and of what type; (C) the geographic locations of and the populations affected by the alleged deceptive information; (D) the status of the investigations of such allegations; (E) any corrective actions taken in response to such allegations; (F) the rationale used for any corrective actions or for any refusal to pursue an allegation; (G) the effectiveness of any such corrective actions; (H) whether a Voting Integrity Task Force was established with respect to such election, and, if so, how such task force was staffed and funded; (I) any referrals of information to other Federal, State, or local agencies; (J) any suit instituted under section 2004(b)(2) of the Revised Statutes (42 U.S.C. 1971(b)(2)) in connection with such allegations; and (K) any criminal prosecution instituted under title 18, United States Code, in connection with such allegations. (3) Report made public.--On the date that the Attorney General submits the report required under paragraph (1), the Attorney General shall also make the report publicly available through the Internet and other appropriate means. (d) Delegation of Duties.-- (1) In general.--The Attorney General shall delegate the responsibilities under this section to a Voting Integrity Task Force established under paragraph (2). (2) Voting integrity task force.-- (A) In general.--The Attorney General shall establish a Voting Integrity Task Force to carry out the requirements of this section with respect to any general, primary, run-off, or special election for Federal office. (B) Composition.--Any Voting Integrity Task Force established under paragraph (1) shall be under the direction of the Assistant Attorney General for the Civil Rights Division and the Assistant Attorney General for the Criminal Division, jointly. (e) Federal Office.--For purposes of this section, the term ``Federal office'' means the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a territory or possession of the United States. Passed the House of Representatives June 25, 2007. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Deceptive Practices and Voter Intimidation Prevention Act of 2007 - Amends the federal criminal code to make it unlawful for anyone before or during a federal election to knowingly communicate, or attempt to communicate, false election-related information about that election, with the intent to prevent another person from exercising the right to vote. Increases from one year to five years' imprisonment the criminal penalty for intimidation of voters. Directs the U.S. Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to persons convicted of any offense under this Act. Authorizes any person to report to the Attorney General false election information or intimidation of voters. Requires the Attorney General, immediately after receiving such a report, to consider and review it and, if there is a reasonable basis to find that a violation has occurred, to: (1) undertake all effective measures necessary to provide correct information to voters affected by the false information; and (2) refer the matter to the appropriate federal and state authorities for criminal prosecution or civil action after the election. Directs the Attorney General to study and report to Congress on the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast. Requires the Attorney General to establish a Voting Integrity Task Force to carry out the requirements of this Act with respect to any general, primary, run-off, or special election for federal office."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Emergency Responders Volunteer Efforts Act of 2009'' or the ``SERVE Act of 2009''. SEC. 2. REFUNDABLE CREDIT FOR BONA FIDE VOLUNTEER MEMBERS OF VOLUNTEER EMERGENCY RESPONSE ORGANIZATIONS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36A the following new section: ``SEC. 36B. BONA FIDE VOLUNTEER MEMBERS OF VOLUNTEER EMERGENCY RESPONSE ORGANIZATIONS. ``(a) In General.--In the case of an individual who at any time during the taxable year is a bona fide volunteer member of a qualified volunteer emergency response organization, there shall be allowed as a credit against the tax imposed by this subtitle the amount of $1,000. ``(b) Definitions.--For purposes of this section-- ``(1) Bona fide volunteer member of a qualified volunteer emergency response organization.-- ``(A) In general.--An individual shall be treated as a bona fide volunteer of a qualified volunteer emergency response organization for purposes of this section if-- ``(i) the only compensation received by such individual for performing qualified services is in the form of-- ``(I) reimbursement for (or a reasonable allowance for) reasonable expenses incurred in the performance of such services, or ``(II) reasonable benefits (including length of service awards), and nominal fees for such services, customarily paid by eligible employers in connection with the performance of such services by volunteers, and ``(ii) the aggregate amount of such compensation for the taxable year for providing qualified services does not exceed an amount equal to the annual limitation. ``(B) Annual limitation.--For purposes of subparagraph (A), the annual limitation is an amount equal to the product of-- ``(i) the minimum wage in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) on the first day of the calendar year beginning in the taxable year, multiplied by ``(ii) 2,080 hours. ``(C) Service limitation.--An individual shall be treated as a bona fide volunteer described in subparagraph (A) for a taxable year only if such individual has served as a volunteer performing qualified services for more than 6 months in such taxable year and provided more than 40 hours of such service. ``(D) Training and certification requirements.--An individual shall not be treated as a bona fide volunteer described in subparagraph (A) for any period for which the individual fails to meet all applicable training and certification requirements of the qualified volunteer emergency response organization for which such individual volunteers. ``(E) Coordination with exclusion.--Amounts excluded from gross income under section 139B shall not be taken into account for purposes of subparagraph (A). ``(2) Qualified services.--For purposes of this paragraph, the term `qualified services' means fire fighting and prevention services, emergency medical services, and ambulance services. ``(3) Qualified volunteer emergency response organization.--The term `qualified volunteer emergency response organization' has the meaning given such term by section 139B(c)(3).''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36B,'' after ``section 36A,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36A the following new item: ``Sec. 36B. Bona fide volunteer members of volunteer emergency response organizations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Supporting Emergency Responders Volunteer Efforts Act of 2009 or the SERVE Act of 2009 - Amends the Internal Revenue Code to allow a $1,000 refundable tax credit for individuals who are bona fide volunteer members of a qualified volunteer emergency response organization who provide firefighting and prevention services, emergency medical services, and ambulance services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel-Efficient Fleets Act of 2006''. SEC. 2. FUEL ECONOMY OF THE FEDERAL FLEET. Section 32917 of title 49, United States Code, is amended by adding at the end the following: ``(c) New Vehicles.-- ``(1) In general.--Except as provided in paragraph (2), or by a waiver granted by the Adminstrator of the General Services Administration, each passenger automobile purchased, or leased for at least 60 consecutive days, by an executive agency after the date of enactment of the Fuel-Efficient Fleets Act of 2006 shall achieve a minimum fuel economy as follows: ``(A) For vans (except minivans), not less than 15 miles per gallon. ``(B) For minivans, not less than 20 miles per gallon. ``(C) For pickup trucks, not less than 24 miles per gallon. ``(D) For sport utility vehicles, not less than 36 miles per gallon. ``(E) For passenger automobiles not described in subparagraphs (A) through (D), not less than 45 miles per gallon. ``(2) Phase-in period.--Of the automobiles described in paragraph (1), not fewer than-- ``(A) 25 percent of such automobiles purchased by an executive agency during the 1-year period beginning on the date of the enactment of the Fuel-Efficient Fleets Act of 2006 shall achieve the minimum fuel economy described in paragraph (1)(D); ``(B) 50 percent of such automobiles purchased by an executive agency during the 1-year period beginning 1 year after the date of the enactment of the Fuel- Efficient Fleets Act of 2006 shall achieve the minimum fuel economy described in paragraph (1)(D); and ``(C) 75 percent of such automobiles purchased by an executive agency during the 1-year period beginning 2 years after the date of the enactment of the Fuel- Efficient Fleets Act of 2006 shall achieve the minimum fuel economy described in paragraph (1)(D); and ``(D) 100 percent of such automobiles purchased by an executive agency during the 1-year period beginning 3 years after the date of the enactment of the Fuel- Efficient Fleets Act of 2006 shall achieve the minimum fuel economy described in paragraph (1)(D).''. SEC. 3. FUEL ECONOMY STANDARD EVALUATION. (a) Study.--The Secretary of Energy, in consultation with the Secretary of Transportation, shall annually evaluate the fuel economy standards under section 32917(c)(1) of title 49, United States Code, based on relevant technological advances during the previous year. (b) Increased Standards.--If the Secretary of Energy determines that significant technological improvements make it feasible to achieve higher fuel economy, the Secretary shall increase the fuel economy standards under section 32917(c)(1) of title 49, United States Code consistent with such determination. SEC. 4. GRANTS TO STATES. (a) Grants Authorized.--The Secretary of Transportation may award grants to assist States to purchase vans, trucks, sport utility vehicles, minivans, or passenger automobiles that meet the fuel economy requirements for new federal fleet vehicles described in section 32917(c) of title 49, United States Code, as added by section 2. (b) Eligibility.--Grants shall be made available to States that comply with the minimum fuel economy standards described in section 32917(c) of title 49, United States Code. (c) Duration.--The Secretary shall award grants to eligible States under this section for periods not to exceed 1 year. (d) Use of Funds.--Grants awarded under this section shall be used to purchase vehicles that meet the fuel economy requirements described in subsection (b). (e) Application.--The appropriate official of a State seeking a grant under this section shall submit an application to the Secretary of Transportation, at such time and in such manner as the Secretary may require, containing a vehicle purchase plan in accordance with subsection (b). (f) Authorization of Appropriations.--There are authorized to be appropriated $100,000,000 for fiscal year 2007, which shall remain available for the 5-year period beginning on the date of the enactment of this Act, for grants to eligible States under this section. SEC. 5. BUY AMERICAN PREFERENCE. An executive agency (as defined in section 32917(a) of title 49, United States Code) that purchases or leases (for at least 60 consecutive days) passenger automobiles (as defined in section 32901 of title 49, United States Code) shall, when determining which models to purchase, give a preference to automobiles that are assembled in the United States from components, of which not less than 50 percent were manufactured in the United States.", "summary": "Fuel-Efficient Fleets Act of 2006 - Amends federal transportation law to set forth certain phased-in minimum fuel economy standards for new federal fleet vehicles. Authorizes the award of grants to assist states in purchasing vans, trucks, sport utility vehicles, minivans, or passenger automobiles that meet the new federal fleet vehicle fuel economy standards. Subjects federal agencies to Buy American requirements requiring not less than 50% of newly purchased or leased federal fleet vehicles to be U.S. manufactured."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Waterfront Preservation Act of 2005''. SEC. 2. COMMERCIAL FISHING ACCESS PROTECTION PROGRAM. The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended by adding at the end the following new title: ``TITLE V--GRANTS FOR COMMERCIAL FISHING ACCESS ``SEC. 501. DEFINITIONS. ``In this title: ``(1) Coastal state.--The term `Coastal State' has the meaning given the term `coastal state' in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). ``(2) Coastal waters.--The term `coastal waters' has the meaning given that term in section 304 of the Coastal Zone Management Act of 1971 (16 U.S.C. 1453). ``(3) Eligible entity.--The term `eligible entity' means-- ``(A) the government of a Coastal State; ``(B) a unit of local government within a Coastal State; or ``(C) a nonprofit organization or a fishing cooperative that the Secretary determines is appropriate to receive a grant under section 502. ``(4) Eligible project.--The term `eligible project' means-- ``(A) a project to acquire real property or an interest in real property located in a Coastal State for the purpose of providing access to persons engaged in the commercial fishing industry or the aquaculture industry to coastal waters in working waterfront areas; or ``(B) a project to make improvements to real property located in a Coastal State and owned by an eligible entity, including the construction or repair of wharfs or related facilities, to provide access to persons engaged in the commercial fishing industry or the aquaculture industry to coastal waters in working waterfront areas. ``(5) Fishing cooperative.--The term `fishing cooperative' means a fishing or fish marketing association organized in a coastal state for the purpose of a promoting, fostering, and encouraging fishing or marketing of fish and fishery products through cooperation of its members and for the benefit of their members as producers of such products. ``(6) Nonprofit organization.--The term `nonprofit organization' means an organization that is-- ``(A) described in section 501(c) of the Internal Revenue Code of 1986; and ``(B) exempt from taxation under section 501(a) of the Internal Revenue Code of 1986. ``(7) State fisheries official.--The term `State fisheries official' means the principal State official with marine fishery management responsibility and expertise in a coastal State, who is designated as such by the Governor of the State, so long as the official continues to hold such position, or the designee of such official. ``(8) Working waterfront areas.--The term `working waterfront areas' means land that is used for or that supports commercial fishing or the aquaculture industry. ``SEC. 502. GRANT PROGRAM. ``(a) In General.--The Secretary is authorized to award a grant to an eligible entity for the purpose of carrying out an eligible project. ``(b) Considerations.--In awarding a grant for an eligible project under this section, the Secretary shall consider-- ``(1) the need for the eligible project based on the assessment of need submitted under subsection (c)(2)(A); ``(2) the economic significance of the eligible project to the commercial fishing industry or the aquaculture industry in the immediate vicinity and in the Coastal State in which the eligible project is located; ``(3) the degree of community support for the eligible project; ``(4) the level of threat of that the property proposed to be acquired or improved with such grant will be converted to uses incompatible with commercial fishing or the aquaculture industry; ``(5) the utility of the eligible project for commercial fishing or the aquaculture industry, with respect to the natural characteristics and developed infrastructure of the property proposed to be acquired; ``(6) whether a business plan or a harbor plan exists for the area in which the project will be located and whether the eligible project is consistent with such plan; ``(7) for an eligible project described in section 501(4)(A), the availability of alternative real property or an alternative interest in real property that would ensure that persons engaged in the commercial fishing industry or the aquaculture industry have access to coastal waters in working waterfront areas; and ``(8) whether a land use plan exists for the area in which the project will be located and whether the project is consistent with such plan. ``(c) Application and Review.-- ``(1) In general.--An eligible entity that seeks a grant under this section shall submit to the appropriate State fisheries official, at such time and in such manner as the Secretary shall prescribe, an application for the grant. ``(2) Assessment of need.--An application for a grant may be considered by the Secretary if the appropriate State fisheries official-- ``(A) prepares an assessment of the need for the proposed eligible project, taking into account-- ``(i) the needs of the commercial fishing industry or the aquaculture industry in the State; ``(ii) the needs of other industries and other parties in the area in which the project will be located; ``(iii) whether alternative sites exist for the proposed project; and ``(iv) the social and cultural value of the industries to the affected community and State; and ``(B) submits to the Secretary-- ``(i) the application submitted under paragraph (1); and ``(ii) the assessment of need prepared under subparagraph (A). ``(d) Cost Sharing.-- ``(1) In general.--The amount of a grant awarded under this section to carry out an eligible project may not exceed 75 percent of the total cost of the eligible project. ``(2) Assurances.--As a condition of receipt of a grant under this section, an eligible entity shall provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured. ``(3) Form.--The share of the cost of carrying out an eligible project that is not funded by a grant awarded under this section may be provided in cash or in kind (including a donation of land). ``(e) Use of Grant Funds for Eligible Projects.-- ``(1) Purchases.-- ``(A) In general.--Except as provided in subparagraph (B), grants awarded under this section may be used to purchase privately-owned real property or interests in privately-owned real property, including easements, only from willing sellers at fair market value. ``(B) Sales at less than fair market value.--A grant awarded under this section may be used to acquire privately-owned real property or an interest in privately-owned real property at less than fair market value only if the owner certifies to the Secretary that the sale is being entered into willingly and without coercion. ``(C) No exercise of eminent domain.--No Federal, State, or local agency may exercise the power of eminent domain to secure title to any real property or facilities in connection with a project carried out under this title. ``(2) Title.--Title to real property or an interest in real property acquired with a grant awarded under this section may be held, as determined appropriate by the Secretary in consultation with the appropriate Coastal State, by-- ``(A) the Coastal State; ``(B) a unit of local government of the Coastal State; ``(C) a nonprofit organization; or ``(D) a fishing cooperative. ``(f) Continued Access to Coastal Waters.-- ``(1) Requirement for agreement.--The Secretary shall enter into an agreement with an eligible entity that receives a grant under this section. Such agreement shall require the eligible entity to provide the Secretary the assurances that the Secretary determines are appropriate to ensure that the eligible project is not converted to a use that is inconsistent with the purposes for which the grant was awarded. ``(2) Reversionary interest.-- ``(A) In general.--If the Governor of a Coastal State makes a determination described in subparagraph (B), all right, title, and interest in and to the property shall, except as provided in subparagraph (C), revert, at the option of the Governor, to the Coastal State, and the State shall have the right of immediate entry onto the property. Any determination of the Governor under this paragraph shall be made on the record after an opportunity for a hearing. ``(B) Determination.--The determination referred to in subparagraph (A) is a determination that-- ``(i) the unit of local government or nonprofit organization is unable or unwilling to enforce the terms of the easement; or ``(ii) the easement has been modified in a manner that is inconsistent with the purposes for which the grant was awarded. ``(C) Conveyance to another unit of local government or nonprofit organization.--If the Governor of a Coastal State makes a determination under subparagraph (B), the State may convey or authorize the unit of local government or nonprofit organization to convey the easement to another unit of local government or nonprofit organization. ``(g) Approval or Disapproval.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after the date on which the Secretary receives an application under subsection (c)(2)(B), the Secretary shall-- ``(A) review the application; and ``(B)(i) award a grant to the applicant; or ``(ii) disapprove the application and provide the applicant a statement that describes the reasons why the application was disapproved, including a deadline by which the applicant may resubmit the application. ``(h) Administrative Costs.--A Coastal State, on approval of the Secretary and subject to any regulations promulgated by the Secretary, may use up to 10 percent of the amounts made available under this section to pay the administrative costs of the Coastal State relating to the program. ``(i) Treatment of Purchase Proceeds.--For purposes of the Internal Revenue Code of 1986, gross income shall not include 50 percent of the gain from the sale or exchange of private land or interests in private land in purchases described in subsection (e)(1). ``SEC. 503. ANNUAL REPORT. ``The Secretary shall submit to Congress an annual report that describes the eligible projects carried out using grants awarded under this title.''. SEC. 3. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated to the Secretary of Commerce $50,000,000 for each of the fiscal years 2005 and 2007 to carry out the provisions of title V of the Magnuson-Stevens Fishery Conservation and Management Act, as added by section 2.", "summary": "Working Waterfront Preservation Act of 2005 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to authorize the Secretary of Commerce to award a grant to a state or local government of a coastal state, a nonprofit organization, or a fishing cooperative for projects to: (1) acquire real property in a coastal state to provide access to commercial fishermen or persons in the aquaculture industry to coastal waters in working waterfront areas; or (2) make improvements to real property owned by an eligible entity in a coastal state to provide access to such persons to coastal waters in working waterfront areas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gold King Accountability and Compensation for Taxpayers'' or the ``Gold King ACT''. SEC. 2. FINDINGS. Congress finds that-- (1) on August 5, 2015, the Environmental Protection Agency caused the release of approximately 3,000,000 gallons of contaminated water from the Gold King Mine into Cement Creek; (2) the Environmental Protection Agency takes full responsibility for the Gold King Mine spill; (3) the peer reviewer of the Corps of Engineers to the report of the Department of the Interior relating to the Gold King Mine spill expressed concerns about the independent nature of the report and the internal communications and decisions of the Environmental Protection Agency relating to the spill; (4) the Environmental Protection Agency should be held to the same standards as the private sector would be if the private sector caused a similar spill; (5) the Environmental Protection Agency should hold accountable those individuals responsible for the Gold King Mine spill; and (6) since response activities took place after October 31, 2015, the Environmental Protection Agency should reimburse requests for response activity expenses incurred after that date. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Gold king mine spill.--The term ``Gold King Mine spill'' means the discharge on August 5, 2015, of approximately 3,000,000 gallons of contaminated water from the Gold King Mine north of Silverton, Colorado, into Cement Creek that occurred while contractors of the Environmental Protection Agency were conducting an investigation of the Gold King Mine. (3) Independent contractor.--The term ``independent contractor'' means any person, as of August 5, 2015, that-- (A) entered into a contract with a Federal agency (as defined in section 2671 of title 28, United States Code) for goods or services relating to the Gold King Mine spill; and (B) was not an employee of the Government (as defined in section 2671 of title 28, United States Code). (4) Injured person.--The term ``injured person'' means a person that-- (A) suffered injury resulting from the Gold King Mine spill; and (B) is-- (i) an individual; (ii) an Indian tribe, tribal corporation, or other tribal organization; (iii) a corporation, business, partnership, company, association, insurer, county, township, city, State or political subdivision of a State, school district, ditch company, special district, water district, water company, the Animas-La Plata Operation, Maintenance and Replacement Association, or other non-Federal entity; or (iv) a legal representative of an individual or entity described in any of clauses (i) through (iii). (5) Injury.--The term ``injury'' means any damage to, or loss of, property, or a personal injury or death, caused by a negligent or wrongful act or omission of a Federal officer, employee, contractor, or subcontractor while acting within the scope of office, employment, or contract, under circumstances in which the Federal officer, employee, contractor, or subcontractor, if a private person, would be liable to the claimant in accordance with the law of the jurisdiction in which the act or omission occurred. SEC. 4. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE FEDERAL TORT CLAIMS ACT. (a) Responsibilities of the Administrator.-- (1) In general.--An injured person may bring a claim arising out of, or relating to, any injury resulting from the Gold King Mine spill under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act'') and the Administrator shall receive, process, and pay those claims in accordance with this section. (2) Timing.-- (A) In general.--Notwithstanding section 2675(a) of title 28, United States Code, not later than 90 days after the date on which an injured person submits to the Administrator a claim under this section, the Administrator shall award or deny the payment of the claim. (B) Partially paid claims.--In the case of a claim for which, as of the date of enactment of this Act, the Administrator has partially awarded payment to an injured person, the Administrator shall award the remaining payment not later than 60 days after that date of enactment. (C) Previously filed claims.--In the case of a claim for which, as of the date of enactment of this Act, not fewer than 90 days have passed since the date on which an injured person submitted to the Administrator a claim under this section, not later than 60 days after that date of enactment, the Administrator shall award or deny payment of the claim. (b) Applicability of Other Law.-- (1) Applicability of exception.--Section 2680(a) of title 28, United States Code, shall not apply to claims brought under this section. (2) Independent contractors.--For purposes of a claim brought under this section, the definition of the term ``Federal agency'' under section 2671 of title 28, United States Code, shall be considered to include an independent contractor. (c) Allowable Damages.-- (1) Property loss.--A claim that is paid for loss of property under this section may include otherwise-uncompensated damages resulting from the Gold King Mine spill for-- (A) a cost resulting from lost tribal or nontribal subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities, or from lost use for traditional or ceremonial uses, conducted on land or water damaged by the Gold King Mine spill; (B) a cost of reforestation or revegetation on tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; (C) any costs borne by any injured person to determine the extent of-- (i) the damages to agricultural land; or (ii) any other damages covered by this Act; (D) any costs borne by an injured person to pay for water supplies or equipment to treat water during the period for which a water supply of the injured person was compromised by the Gold King Mine spill; and (E) any other loss that the Administrator determines to be appropriate for inclusion as loss of property. (2) Business loss.--A claim that is paid for an injury under this section may include damages resulting from the Gold King Mine spill for the following types of otherwise- uncompensated business loss: (A) Damage to tangible assets or inventory. (B) Lost business income. (C) Overhead costs. (D) Employee wages for work not performed. (E) Any other loss that the Administrator determines to be appropriate for inclusion as a business loss. (3) Financial loss.--A claim that is paid for an injury under this section may include damages resulting from the Gold King Mine spill for the following types of otherwise- uncompensated financial loss: (A) An insurance deductible. (B) Lost wages or personal income. (C) Emergency staffing expenses. (D) Debris removal and other cleanup costs. (E) Any other loss that the Administrator determines to be appropriate for inclusion as a financial loss. (d) Recoupment for Improper Payments.--Notwithstanding any other provision of law, during the 13-year period beginning on the date on which a claim is awarded under this section, the Administrator may take such action as is necessary to recover payments made under this section with respect to fraudulent claims and claims made with inaccurate information. (e) Source of Payments.-- (1) In general.--Any compensation or award against the Government made pursuant to a claim under this section shall be paid by the Administrator from unobligated balances in the appropriations accounts of the Environmental Protection Agency. (2) Intent of congress.--It is the intent of Congress that no additional funds be appropriated to carry out this Act. SEC. 5. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT. (a) In General.--The Administrator shall, consistent with the national contingency plan, receive, process, and pay under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) claims related to the Gold King Mine spill. (b) Eligible Claims.--The Administrator shall receive, process, and pay under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) claims related to the Gold King Mine spill that otherwise would be ineligible under that Act or the national contingency plan if the response action carried out by the claimant is not inconsistent with the national contingency plan as described in section 107 of that Act (42 U.S.C. 9607). (c) Timing.-- (1) In general.--Not later than 90 days after the date on which an injured person submits to the Administrator a claim under this section, the Administrator shall award or deny the payment of the claim. (2) Partially paid claims.--In the case of a claim for which, as of the date of enactment of this Act, the Administrator has partially awarded payment to an injured person, the Administrator shall award the remaining payment not later than 60 days after that date of enactment. (3) Previously filed claims.--In the case of a claim for which, as of the date of enactment of this Act, not fewer than 90 days have passed since the date on which an injured person submitted to the Administrator a claim under this section, not later than 60 days after that date of enactment, the Administrator shall award or deny payment of the claim. SEC. 6. EFFECT OF ACT; REDUCTION IN PAYMENT. (a) Effect of Act.--This Act does not diminish the ability of the Administrator to carry out the responsibilities of the Administrator under any other provision of law. (b) Reduction in Payment.--To prevent a claimant from receiving twice the damage award for the same injury or claim-- (1) any compensation or award against the Government under section 4 shall be deducted from any payment awarded against the Government under section 5; and (2) any compensation or award against the Government under section 5 shall be deducted from any payment awarded against the Government under section 4. SEC. 7. WATER QUALITY PROGRAM. (a) In General.--In response to the Gold King Mine spill, the Administrator, in coordination with affected States and Indian tribes, shall develop and implement a program for long-term water quality monitoring of the Animas River. (b) Requirements.--In carrying out the program described in subsection (a), the Administrator shall-- (1) collect water quality samples and sediment data; (2) provide the public with a means of viewing the samples and data referred to in paragraph (1) by, at a minimum, posting the information on the website of the Administrator; (3) take any other relevant measure necessary to assist affected States and Indian tribes with long-term water monitoring; and (4) carry out additional program activities, as determined by the Administrator.", "summary": "Gold King Accountability and Compensation for Taxpayers or the Gold King ACT This bill allows a person to bring a compensation claim for allowable damages (i.e., property, business, or financial losses) under the Federal Tort Claims Act if the claim is related to an injury resulting from the spill in Cement Creek from the Gold King Mine near Silverton, Colorado. The spill occurred on August 5, 2015. The bill prohibits certain exemptions and limitations on tort claims against the United States under the Act from applying to claims for injuries resulting from the spill. The EPA must receive, process, and pay under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 claims related to the Gold King Mine spill, including claims that otherwise would be ineligible under that Act or the national oil and hazardous substances pollution contingency plan if the response action carried out by the claimant is not inconsistent with the plan. The EPA must pay claims from unobligated balances in its accounts. The EPA must develop and implement a program for long-term water quality monitoring of the Animas River."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Rapid Deployment Police and Security Force Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) United States Presidential Decision Directive 71 calls for a stronger United States response to maintaining order in societies recovering from conflict. It aims to improve coordination of United States efforts and to enhance the ability of other countries, the United Nations, and regional organizations to plan, mount, and sustain operations in support of the rule of law. (2) In a press briefing on February 24, 2000, Secretary of State Madeleine Albright stated the following: ``The recent slowness in deploying desperately needed civilian police to Kosovo provides only the latest evidence that present international capabilities are not adequate. And the ongoing deployment of CIVPOL teams to East Timor and Sierra Leone show that the need will not soon diminish. In response, we must recognize that old models of peacekeeping don't always meet current challenges. Peace operations today often require skills that are neither strictly military nor strictly police but, rather, a combination of the two. The international community needs to identify and train units that are able to control crowds, deter vigilante actions, prevent looting and disarm civilian agitators while, at the same time, winning the trust of the communities in which they are deployed.''. (3) In his April 2000 report, ``We the Peoples, The Role of the United Nations in the 21st Century'', United Nations Secretary General Kofi Annan states that only member nations of the United Nations can fix the ``structural weakness of United Nations peace operations . . . Our system for launching operations has sometimes been compared to a volunteer fire department, but that description is too generous. Every time there is a fire, we must first find fire engines and the funds to run them before we can start dousing any flames. The present system relies almost entirely on last minute, ad hoc arrangements that guarantee delay, with respect to the provision of civilian personnel even more so than military. Although we have understandings for military standby arrangements with Member States, the availability of the designated forces is unpredictable and very few are in a state of high readiness. Resource constraints preclude us even from being able to deploy a mission headquarters rapidly.''. (4) The December 1999 United Nations ``Report on the Independent Inquiry into the Actions of the United Nations During the 1994 Genocide in Rwanda'' indicates that in April 1994, the United Nations Security Council failed to deploy 5,500 United Nations peacekeepers to Rwanda within two weeks of the initial violence, thereby allowing the conflict to escalate. The 6-month estimated cost of the deployment would have been $115,000,000. Instead, the genocide consumed 800,000 lives along with $2,000,000,000 in humanitarian aid. (5) In Srebrenica, Bosnia, on July 11, 1995, Bosnian Serb troops forced the retreat of Dutch United Nations peacekeepers who were part of the United Nations Mission in Bosnia and Herzegovina (UNMIBH) from a ``safe haven'', resulting in the massacre of 7,000 Bosnian civilians and expulsion of 40,000 Bosnian civilians. (6) The United Nations peacekeeping budget estimate for the United Nations Mission in Bosnia and Herzegovina from July 1, 1997, to June 30, 1998, was $165,600,000, while the North Atlantic Treaty Organization (NATO)-sponsored intervention in the Serbian province of Kosovo cost $37,000,000 per day. (7) In July 1999, 4,700 civilian police officers were requested to be deployed to the Serbian province of Kosovo but, as of April 17, 2000, the United Nations has deployed only 2,901 of the requested police officers, resulting in the breakdown of law and order and the escalation of unrest in Kosovo. (8) In May 2000, Revolutionary United Front rebels in Sierra Leone, in violation of the ceasefire and peace accords, captured and held prisoner approximately 500 United Nations Mission in Sierra Leone (UNAMSIL) peacekeepers. The weapons, equipment, and vehicles of the peacekeepers were also seized. The UNAMSIL force had been deployed too slowly and was undertrained and understaffed, consisting of only 8,700 peacekeepers of the 11,000 peacekeepers requested by the United Nations Security Council. (9) On February 24, 2000, the United Nations Security Council approved a United States-sponsored proposal to send 5,537 troops on an observer mission to the Democratic Republic of the Congo (to be known as the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC)), a Republic \\1/3\\ the size of the United States, to monitor the implementation of the Lusaka accords. However, it will take at least three months to deploy the required forces. On April 25, 2000, South African Foreign Minister Dlamini-Zuma urged rapid deployment of the troops and stated ``[i]f deployment is very slow [the accords] can fall apart . . . The troops should have been deployed a long time ago.''. (10) The United States has the power in the United Nations Security Council to veto decisions that are not within the national interests of the United States. SEC. 4. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY FORCE. (a) Establishment.--The President shall direct the United States representative to the United Nations to use the voice, vote, and influence of the United States to urge the United Nations-- (1) to establish a United Nations Rapid Deployment Police and Security Force that is rapidly deployable, under the authority of the United Nations Security Council, and trained to standardized objectives; (2) to recruit personnel to serve in this Force; and (3) to provide equitable and reliable funding for the United Nations Rapid Deployment Police and Security Force. (b) Mission Statement.--The United Nations Rapid Deployment Police and Security Force should have a mission statement that provides for the following: (1) The United Nations Rapid Deployment Police and Security Force will engage in operations when-- (A) the United Nations Security Council determines that an imminent threat to the peace requires a preventive deployment of forces and the Security Council deems it as an appropriate response; (B) the United Nations Security Council determines ongoing gross violations of human rights or breaches of the peace require rapid intervention by the international community and the Security Council deems it as an appropriate response; (C) peace has been restored to a region but the rule of law has not yet been reestablished and when national civilian police or United Nations member nations personnel are not available and the Security Council deems it as an appropriate response; or (D) the United Nations Rapid Deployment Police and Security Force can utilize its personnel to help train the military and civilian police of member nations of the United Nations to better participate in international peace operations. (2) The United Nations Rapid Deployment Police and Security Force will consist of not more than 6000 personnel who are-- (A) placed under the authority of the United Nations Security Council; (B) under the direction of the Secretary General of the United Nations; (C) deployed only by United Nations Security Council resolution; (D) volunteers from United Nations member nations employed directly by the United Nations; (E) trained as a single unit, appropriately equipped, expressly for international peace operations including civilian policing; and (F) rapidly deployable. (3) The United Nations Rapid Deployment Police and Security Force will be organized as a sub-department within the United Nations Department of Peacekeeping Operations or under the control of the United Nations's Military Staff Committee and will contain personnel trained as military staff officers and civilian police officers to be deployed immediately to a potential conflict area. (4) The deployment of the United Nations Rapid Deployment Police and Security Force will be limited to a maximum of 6 months, at which time the Police and Security Force would be replaced by personnel supplied by United Nations member nations. (5) The basing and infrastructure service of the United Nations Rapid Deployment Police and Security Force will be leased from existing member nations' institutions. SEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY FORCE. Not later than 1 year after the date of enactment of this Act, the President shall prepare and transmit to the Congress a report on the progress of negotiations with the United Nations and its member nations regarding the creation of a United Nations Rapid Deployment Police and Security Force described in section 3. SEC. 6. DEFINITIONS. In this Act: (1) The term ``international peace operations'' means-- (A) any such operation carried out under chapter VI or chapter VII of the Charter of the United Nations; and (B) any such United Nations operation that includes civilian policing. (2) The term ``rapidly deployable'' refers to the capacity to deploy military or civilian personnel to a region undergoing conflict within 15 days of the enactment of a United Nations Security Council resolution authorizing a deployment.", "summary": "Declares that the Force should have a mission statement that: (1) specifies when it will engage in operations, including when the Security Council determines that an imminent threat to the peace requires a preventive deployment or that ongoing gross violations of human rights or breaches of the peace require rapid intervention; (2) provides that the Force will consist of not more than 6,000 volunteers from UN member nations who will be deployed only by Security Council resolution; (3) provides that the Force will be organized as a sub-department within the UN Department of Peacekeeping Operations or under the control of the UN's Military Staff Committee; (4) limits Force deployment to a maximum of six months; and (5) requires its basing and infrastructure service to be leased from existing member nations' institutions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``Taxation of Minor Children Simplifcation Act of 2004''. SEC. 2. TAXATION OF MINOR CHILDREN. (a) Application of Trust Rate Schedule to Net Unearned Income of Minor Children.--Subsection (g) of section 1 of the Internal Revenue Code of 1986 (relating to certain unearned income of minor children taxed as if parent's income) is amended-- (1) by striking paragraphs (1), (3), and (5), (2) by redesignating paragraphs (4), (6), and (7) as paragraphs (3), (4), and (5), respectively, and (3) by inserting before paragraph (2) the following new paragraph: ``(1) In general.--In the case of a child to whom this subsection applies, the tax imposed by this section shall be the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on taxable income reduced by net unearned income, plus ``(B) the excess (if any) of the tax determined under subsection (e) on total taxable income over the tax determined under subsection (e) on taxable income reduced by net unearned income.''. (b) Expansion of Parental Election.--Paragraph (5) of section 1(g) of such Code (as redesignated under subsection (a)) is amended to read as follows: ``(5) Election to claim income of child on parent's return.-- ``(A) In general.--If the parent of any child to whom this subsection applies elects the application of subparagraph (B), such child-- ``(i) shall be treated (other than for purposes of this paragraph)-- ``(I) as having no gross income for such year, and ``(II) as not being entitled to any deductions or credits for such year, and ``(ii) shall not be required to file a return under section 6012 for such year. ``(B) Income included on parent's return.--In the case of a parent making the election under this paragraph-- ``(i) the gross income of each child to whom such election applies shall be included in such parent's gross income for the taxable year, ``(ii) the deductions to which such child would be entitled without regard to such election shall be allowed to such parent but only to the extent the aggregate of such deductions does not exceed the gross income of such child, ``(iii) any estimated tax payment, and any amount which has been deducted and withheld under chapter 24, for such year that is made in the name and TIN of such child shall be treated as an estimated tax payment or as an amount deducted and withheld in the name and TIN of such parent for such year (including for purposes of section 31), and ``(iv) any interest which is an item of tax preference under section 57(a)(5) of the child shall be treated as an item of tax preference of such parent (and not of such child). ``(C) Special rule for determining which parent may make election.--For purposes of this paragraph, the parent of a child to whom this subsection applies who may make an election under this paragraph shall be-- ``(i) in the case of parents who are not married (within the meaning of section 7703), the custodial parent (within the meaning of section 152(e)) of the child, and ``(ii) in the case of married individuals filing separately, the individual with the greater taxable income. ``(D) Carryovers allowed.--Subparagraph (A)(i)(II) shall not prohibit the carryover of any amount that the child would be entitled to carryover without regard to the election under this paragraph. ``(E) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this paragraph.''. (c) Conforming Amendment.--The heading for subsection (g) of section 1 of such Code is amended to read as follows: ``(g) Treatment of Certain Income of Minor Children.--''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "summary": "Taxation of Minor Children Simplification Act of 2004 - Amends the Internal Revenue Code to revise rules for the taxation of the income of minor children (under age 14). Repeals the allocable parental tax rules. Allows parents to elect to claim the child's gross income and deductions on the parents' tax return."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Montgomery GI Bill Revitalization Act of 2003''. SEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF ACTIVE-DUTY SERVICE. (a) In General.--Chapter 30 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``Sec. 3041. Enhanced educational assistance entitlement ``(a) Entitlement.--An eligible individual is entitled to enhanced educational assistance under this subchapter. ``(b) Eligible Individual Defined.--For purposes of this subchapter, the term `eligible individual' means an individual who meets the service requirement described in subsection (c) and whose status after completion of such service is described in section 3011(a)(2) of this title. Such term does not include an individual described in paragraph (1) or (2) of section 3011(c) of this title. ``(c) Service Requirement.--(1) The service requirement referred to in subsection (b) is as follows: ``(A) After September 30, 2003, the individual-- ``(i) first enters on active duty; ``(ii) reenlists or extends an enlistment on active duty as a member of the Armed Forces; or ``(iii) in the case of an officer, continues to serve on active duty after that date. ``(B) From the date of such entry, reenlistment, extension, or continuation, as the case may be, the individual-- ``(i) serves a continuous period of active duty of at least four years in the Armed Forces; or ``(ii) serves on active duty in the Armed Forces and is discharged or released from active duty-- ``(I) as provided in subclause (I) of section 3011(a)(1)(A)(ii) of this title; ``(II) for the convenience of the Government, after having completed not less than 42 months of continuous active duty; or ``(III) as provided in subclause (III) of section 3011(a)(1)(A)(ii) of this title. ``(2) In determining service under paragraph (1), the following rules apply: ``(A) Any period of service described in paragraph (2) or (3) of section 3011(d) of this title that applies to an eligible individual under this section shall not be considered a part of the individual's period of active duty. ``(B) A member described in paragraph (2) of section 3011(f) of this title who serves the periods of active duty referred to in such paragraph shall be deemed to have served a continuous period of active duty the length of which is the aggregate length of the periods of active duty referred to in such paragraph. ``(C) Subsections (g) and (h) of section 3011 of this title apply with respect to an eligible individual under this section in the same manner as they apply to an individual under section 3011 of this title. ``(d) Election of Basic Educational Assistance.--(1) An eligible individual entitled to enhanced educational assistance under this subchapter may elect (in a form and manner prescribed by the Secretary) to receive basic educational assistance under subchapter II in lieu of such enhanced educational assistance for an enrollment period. Such an election shall be made not later than 30 days before the beginning of the enrollment period. ``(2) An eligible individual may revoke an election made pursuant to paragraph (1), but in no case may such revocation be made later than 30 days before the beginning of the enrollment period. ``Sec. 3042. Duration of enhanced educational assistance ``(a) In General.--Subject to section 3695 of this title and except as provided in subsection (b), each individual entitled to enhanced educational assistance under section 3041 of this title is entitled to a monthly enhanced educational assistance allowance under this subchapter for a period or periods not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance). ``(b) Special Rule for Certain Early Separations.--Subject to section 3695 of this title, in the case of an individual described in subclause (I) or (III) of section 3041(c)(1)(B)(ii) of this title who does not serve a continuous period of active duty of at least four years in the Armed Forces (as described in section 3041(c)(1)(B)(i) of this title), the individual is entitled to one month of enhanced educational assistance benefits under this subchapter (not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance)) for each month of continuous active duty served by the individual beginning with the date on which the entry on active duty, reenlistment, enlistment extension, or continuation applicable to that individual under section 3041(c)(1)(A) of this title begins. ``Sec. 3043. Payment of educational expenses ``(a) In General.--(1) Subject to paragraph (2), the Secretary shall pay to the educational institution providing a course under an approved program of education to an eligible individual under this subchapter who is enrolled in the course the actual cost of tuition and fees otherwise payable by the individual. ``(2) Such cost may not exceed the amount charged to similarly circumstanced nonveterans. ``(b) Stipend; Costs of Books and Supplies.--The Secretary shall pay to each eligible individual under this subchapter who is pursuing an approved program of education-- ``(1) a stipend as provided in section 3044 of this title; and ``(2) in accordance with regulations prescribed by the Secretary, an amount equal to the average cost of books and supplies payable by individuals pursuing courses of education at educational institutions. ``(c) Exclusion From Income for Eligibility Determinations for Federal Educational Loans.--Notwithstanding any other provision of law, amounts payable by the Secretary under this subchapter with respect to an eligible individual shall not be considered as income for purposes of determining eligibility of such individual for education grants or loans under any other provision of Federal law. ``Sec. 3044. Amount of stipend ``(a) In General.--Except as provided in section 3042 of this title, the stipend under this subchapter shall be paid at a monthly rate (as that rate may be increased pursuant to subsection (b)) as follows: ``(1) At the monthly rate of $900 for an approved program of education pursued on a full-time basis. ``(2) At the monthly rate of $700 for an approved program of education pursued on a three-quarter-time basis. ``(3) At the monthly rate of $500 for an approved program of education pursued on a half-time basis. ``(4) At the monthly rate of $300 for an approved program of education pursued on less than a half-time basis. ``(b) Adjustment for Inflation.--With respect to any fiscal year beginning after fiscal year 2004, the Secretary shall increase the rate paid under subsection (a) for the previous fiscal year by the percentage applicable under section 3015(h) of this title. ``Sec. 3045. Tutorial assistance ``An individual entitled to an enhanced educational assistance allowance under this subchapter shall be entitled to benefits provided an individual under section 3019 of this title, subject to the conditions provided in such section.''. (b) Conforming Amendments.--(1) Section 3002 of such title is amended by inserting at the end the following new paragraph: ``(9) The term `enhanced educational assistance' means educational assistance provided under subchapter V.''. (2) Section 3011 of such title is amended in subsection (f)(1) and (g) by striking ``chapter'' each place it appears and inserting ``subchapter''. (3) Section 3018A(a) of such title is amended by striking ``education assistance under this chapter'' and inserting ``educational assistance under this subchapter''. (4) Section 3018B of such title is amended by striking ``education assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (5) Section 3018C of such title is amended by striking ``educational assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (6) Section 3019 of such title is amended by striking ``chapter'' each place it appears and inserting ``subchapter''. (7) Section 3031 of such title is amended-- (A) in subsection (f), by inserting ``or 3042 of this title'' after ``section 3013'' each place it appears; and (B) in subsection (h), by inserting ``or 3031(c)(1)(B)(ii)(III)'' after ``section 3011(a)(1)(A)(ii)(III)''. (8) Section 3032(e)(3) of such title is amended by inserting ``, or section 3044(a)(1),'' after ``section 3015''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of such title is amended by adding at the end the following new items: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``3041. Enhanced educational assistance entitlement. ``3042. Duration of enhanced educational assistance. ``3043. Payment of educational expenses. ``3044. Amount of stipend. ``3045. Tutorial assistance.''. SEC. 3. REPEAL OF PAY REDUCTION, ELECTION OF BENEFITS, AND HIGH SCHOOL GRADUATION REQUIREMENT FOR PARTICIPATION IN BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL. (a) Repeal of Pay Reduction and Election of Benefits.-- (1) Active duty program.--(A) Section 3011 of title 38, United States Code, is amended-- (i) by striking subsection (b); and (ii) in subsection (c), by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (B) Section 3012 of such title is amended-- (i) by striking subsection (c); and (ii) in subsection (d), by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Opportunities to withdraw election not to enroll.--(A) Section 3016(a)(1) of such title is amended by striking ``, and does not make an election under section 3011(c)(1) or section 3012(d)(1)''. (B) Sections 3018A and 3018B of such title are each amended by adding at the end the following new subsection: ``(e) Notwithstanding subsection (b), no reduction in the pay of an individual under this section shall be made for months beginning after September 30, 2003. Any obligation of such individual under subsection (b) as of such date shall be deemed to be fully satisfied as of such date.''. (C)(i) Section 3018C(e) of such title is amended-- (I) by striking paragraphs (3) and (4); and (II) by redesignating paragraph (5) as paragraph (3). (ii) Section 3018C of such title is amended by adding at the end the following new subsection: ``(f) Notwithstanding subsection (b), no reduction in the pay of an individual under this section shall be made for months beginning after September 30, 2003. Any obligation of such individual under subsection (b) as of such date shall be deemed to be fully satisfied as of such date.''. (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 2003, and apply to individuals whose initial obligated period of active duty under section 3011 or 3012 of title 38, United States Code, as the case may be, begins on or after such date. (4) Termination of pay reductions in progress.--Any reduction in the basic pay of an individual referred to in subsection (b) of section 3011 of title 38, United States Code, by reason of such subsection, or of any individual referred to in subsection (c) of section 3012 of such title by reason of such subsection, shall cease commencing with months beginning after September 30, 2003, and any obligation of such individual under such subsections, as the case may be, as of such date shall be deemed to be fully satisfied as of such date. (b) Repeal of High School Graduation Requirement.-- (1) Active duty.--(A) Section 3011(a) of title 38, United States Code, is amended-- (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (B) Section 3012(a) of such title is amended-- (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (2) Opportunities to withdraw election not to enroll.--(A) Section 3018(b) of such title is amended-- (i) by inserting ``and'' at the end of paragraph (3)(C); (ii) by striking paragraph (4); and (iii) by redesignating paragraph (5) as paragraph (4). (B)(i) Section 3018A(a) of such title is amended-- (I) by striking paragraph (2); (II) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (III) in paragraphs (3) and (4), as so redesignated, by striking ``paragraph (3) of this subsection'' and inserting ``paragraph (2)''. (ii) Section 3018A(c) of such title is amended by striking ``subsection (a)(3) of this section'' and inserting ``subsection (a)(2)''. (iii) Section 3018A(d)(1) of such title is amended by striking ``subsection (a)(4) of this subsection'' and inserting ``subsection (a)(3)''. (C)(i) Section 3018B(a)(1) of such title is amended-- (I) by striking subparagraph (B); (II) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; and (III) in subparagraphs (C) and (D), as so redesignated, by striking ``subparagraph (C) of this paragraph'' and inserting ``subparagraph (B)''. (D)(i) Section 3018B(a)(2) of such title is amended-- (I) by striking subparagraph (B); (II) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; (III) in subparagraph (B), as so redesignated, by striking ``paragraph (1)(C) of this subsection'' and inserting ``paragraph (1)(B)''; and (IV) in subparagraphs (C) and (D), as so redesignated, by striking ``subparagraph (C)'' and inserting ``subparagraph (B)''. (ii) Section 3018B(c) of such title is amended by striking ``subsection (a)(1)(C) or (a)(2)(C) of this section'' and inserting ``subsection (a)(1)(B) or (a)(2)(B)''. (iii) Section 3018B(d)(1) of such title is amended by striking ``subsection (a)(1)(D) or (a)(2)(D) of this section'' and inserting ``subsection (a)(1)(C) or (a)(2)(C)''. (E)(i) Section 3018C(a) of such title is amended-- (I) by striking paragraph (3); (II) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (III) in paragraph (3), as so redesignated, by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (ii) Section 3018C(b)(2) of such title is amended by striking ``subsection (a)(4)'' and inserting ``subsection (a)(3)''. (iii) Section 3018C(c)(1) of such title is amended by striking ``subsection (a)(5)'' and inserting ``subsection (a)(4)''. (iv) Section 3018C(e)(1) of such title is amended by striking ``elections made under subsection (a)(5)'' and inserting ``elections made under subsection (a)(4)''. (v) Section 3018C(e)(2) of such title is amended-- (I) by striking subparagraph (C); and (II) by redesignating subparagraph (D) as subparagraph (C). (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 2003, and shall apply with respect to individuals applying for basic educational assistance under chapter 30 of title 38, United States Code, on or after such date. (c) Education Outreach Services to Members of the Armed Forces.-- (1) In general.--Section 3034(e)(1) of title 38, United States Code, is amended to read as follows: ``(e)(1) Not later than one year after an individual initially enters on active duty as a member of the Armed Forces, and at such additional times as the Secretary determines appropriate, the Secretary shall furnish the individual the information described in paragraph (2).''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on October 1, 2003, and shall apply to individuals whose initial obligated period of active duty under section 3011 or 3012 of title 38, United States Code, as the case may be, begins on or after such date.", "summary": "Montgomery GI Bill Revitalization Act of 2003 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 2003: (1) first enters on active duty; (2) reenlists or continues to serve on active duty; (3) serves a continuous period of active duty of four years; or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government (after serving at least 42 months of such duty), or due to a reduction in force. Limits to 36 months the period for such enhanced assistance. Requires the payment of educational expenses under such program. Provides: (1) a monthly stipend for approved programs of education; and (2) tutorial assistance.Repeals, with respect to such assistance: (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program; (2) a provision authorizing individuals to elect not to receive such assistance; (3) the requirement that participants complete the requirements of a high school diploma or equivalency certificate prior to the end of their initial obligated period of service in order to be eligible to receive such assistance; and (4) provisions limiting an individual's opportunity to withdraw an election not to enroll in such assistance program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Child Welfare Response to Trafficking Act of 2014''. SEC. 2. CAPTA AMENDMENTS. Section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended-- (1) in subsection (b)-- (A) in paragraph (2)(B)-- (i) by striking ``and'' at the end of clause (xxii); and (ii) by adding at the end the following: ``(xxiv) provisions and procedures to identify and assess reports involving children who are sex trafficking victims, and which may include provisions and procedures to identify and assess reports involving children who are victims of severe forms of trafficking in persons described in section of 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)); ``(xxv) provisions and procedures for training representatives of the State child protective services systems about identifying and assessing children who are sex trafficking victims, and which may include provisions and procedures for such training with respect to children who are victims of severe forms of trafficking in persons described in section of 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)); and ``(xxvi) provisions and procedures for identifying services (including the services provided by State law enforcement officials, the State juvenile justice system, and social service agencies, such as runaway and homeless youth shelters) and procedures for appropriate referral to address the needs of children who are sex trafficking victims, and which may include provisions and procedures for the identification of such services and procedures with respect to children who are victims of severe forms of trafficking in persons described in section of 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B));''; (B) in paragraph (2)(D)-- (i) by striking ``and'' at the end of clause (v); (ii) by inserting ``and'' at the end of clause (vi); and (iii) by adding at the end the following: ``(vii) the provisions and procedures described in clauses (xxiv) and (xxvi) of subparagraph (B);''; and (C) in paragraph (4)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (iii) by adding at the end the following: ``(C) Sex trafficking victim.--The term `sex trafficking victim' means a victim of-- ``(i) sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10))); or ``(ii) a severe form of trafficking in persons described in section 103(9)(A) of such Act (22 U.S.C. 7102(9)(A)).''; and (2) in subsection (d), by adding at the end the following: ``(17) The number of children identified under clause (xxiv) of subsection (b)(2)(B), and of such children-- ``(A) the number identified as sex trafficking victims (as defined in subsection (b)(4)(C)); and ``(B) in the case of a State that has provisions and procedures to identify children who are victims of severe forms of trafficking in persons described in section 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)), the number so identified.''. SEC. 3. REPORT TO CONGRESS. (a) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pension of the Senate, a report that-- (1) describes the specific type and prevalence of severe form of trafficking in persons to which children who are identified for services or intervention under the placement, care, or supervision of State, Indian tribe, or tribal organization child welfare agencies have been subjected as of the date of enactment of this Act; (2) summarizes the practices and protocols utilized by States to identify and serve-- (A) under section 106(b)(2)(B) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)), children who are victims of trafficking; and (B) children who are at risk of becoming victims of trafficking; and (3) specifies any barriers in Federal laws or regulations that may prevent identification and assessment of children who are victims of trafficking, including an evaluation of the extent to which States are able to address the needs of such trafficked children without altering the definition of child abuse and neglect under section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note). (b) Definitions.--For purposes of this section: (1) Severe form of trafficking in persons.--The term ``severe form of trafficking in persons'' has the meaning given the term in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)). (2) Victim of trafficking.--The term ``victim of trafficking'' has the meaning given the term in section 103(15) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(15)). Passed the House of Representatives July 25, 2014. Attest: KAREN L. HAAS, Clerk.", "summary": ". Strengthening Child Welfare Response to Trafficking Act of 2014 - Amends the Child Abuse Prevention and Treatment Act to condition eligibility to receive a state grant for child abuse or neglect prevention and treatment programs on inclusion in the state plan of a certification by the governor that the state has in effect and is enforcing a state law, or is operating a statewide program, that includes provisions and procedures to: (1) identify and assess reports involving children who are sex trafficking victims (and which may also involve children who are victims of severe forms of trafficking in persons), (2) train representatives of the state child protective services about identifying and assessing such children, and (3) identify services and procedures for appropriate referral to address the needs of such children. Directs the Secretary of Health and Human Services (HHS) to report to Congress on: (1) the specific type and prevalence of severe forms of trafficking in persons to which children have been subjected who are identified for services or intervention under the placement, care, or supervision of state, Indian tribe, or tribal organization child welfare agencies; (2) the practices and protocols utilized by states to identify and serve children who are, or are at-risk of becoming, victims of trafficking; and (3) any barriers in federal laws or regulations that may prevent identification and assessment of children who are such victims."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Promise for Antibiotics and Therapeutics for Health Act'' or the ``PATH Act''. SEC. 2. LIMITED POPULATION PATHWAY FOR ANTIBACTERIAL DRUGS. Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) is amended-- (1) by transferring subsection (e) so that it appears before subsection (f); and (2) by adding at the end the following: ``(g) Limited Population Pathway for Antibacterial Drugs.-- ``(1) In general.--The Secretary shall establish a program under which the Secretary may, at the request of a sponsor, approve an antibacterial drug, alone or in combination with one or more drugs, as a limited population antibacterial drug, upon a determination that such drug is intended to treat a serious or life-threatening disease, condition, or infection and address an unmet medical need for such disease, condition, or infection within an identifiable limited population. ``(2) Limited population pathway.-- ``(A) In general.--The sponsor of an antibacterial drug that the Secretary determines to be eligible for approval as a limited population antibacterial drug shall be required to demonstrate the safety and effectiveness of such drug, as required under section 505(d) or section 351(a) of the Public Health Service Act, for the intended use of the drug. The Secretary shall determine the safety and effectiveness of an antibacterial drug under the limited population pathway for antibacterial drugs in accordance with subparagraph (B). An antibacterial drug shall be eligible for approval under the limited population pathway only upon the request of the sponsor. ``(B) Considerations.-- ``(i) Benefit-risk profile.--The Secretary's determination of safety and effectiveness of a limited population antibacterial drug shall reflect the benefit- risk profile of the drug in the intended limited population, taking into account the severity, rarity, or prevalence of the infection the drug is intended to treat and the availability or lack of alternative treatment for such infection. Approval of a drug under the limited population antibacterial drug pathway shall not be denied due to a lack of evidence to fully establish a favorable benefit-risk profile in a population that is broader than the intended limited population. ``(ii) Types of evidence.--In determining whether to approve a drug under the limited population pathway, the Secretary-- ``(I) shall rely on sufficient evidence, which may include traditional endpoints, alternate endpoints, or a combination of traditional and alternate endpoints, and, as appropriate, small clinical data sets; and ``(II) may rely on supplemental data, including preclinical evidence, pharmacologic or pathophysiologic evidence, nonclinical susceptibility, pharmacokinetic data, and other such confirmatory evidence as the Secretary determines appropriate. ``(3) Requirements.--With respect to a drug approved through the limited population pathway, the Secretary shall require-- ``(A) the labeling of such antibacterial drug, such as through a logo or other means, to indicate that the drug has been approved for use only in a limited population and that the safety and efficacy of the drug has been demonstrated only with respect to such limited population; and ``(B) the sponsor to submit copies of all promotional materials related to the limited population antibacterial drug, at least 30 days prior to dissemination of the materials. ``(4) Other programs.--A sponsor of a drug that seeks approval of a drug through the limited population pathway for antibacterial drugs may also seek approval of such drug under subsections (a), (b), and (c), and sections 505E and 524. ``(5) Guidance.--Not later than 18 months after the date of enactment of the Promise for Antibiotics and Therapeutics for Health Act, the Secretary shall issue draft guidance describing criteria, processes, and other general considerations for demonstrating the safety and effectiveness of limited population antibacterial drugs and how the pathway can be expanded to other therapeutic areas in addition to antibacterial infections. The Secretary may approve antibacterial drugs through such limited population pathway prior to issuing guidance under this paragraph. ``(6) Postapproval monitoring programs for antibacterial drugs.--The Secretary, in consultation with the Commissioner and other relevant heads of agencies, shall conduct postapproval monitoring programs to study how antibacterial drugs approved through the pathway under this subsection are used and to monitor changes in bacterial resistance to drugs, including drugs approved under this pathway. ``(7) Advice.--The Secretary shall provide prompt advice to the sponsor of a drug for which the sponsor seeks approval through the limited population pathway for antibacterial drugs to enable the sponsor to plan a development program to obtain the necessary data for approval of such drug through the limited population pathway for antibacterial drugs and to conduct any additional studies that would be required to gain approval of such drug for use in a broader population. ``(8) Termination of limitations.--If, after approval of a drug through the limited population pathway for antibacterial drugs, the Secretary approves a broader indication for such drug for which the sponsor applies under section 505(b) or section 351 of the Public Health Service Act, the Secretary may remove any postmarketing conditions, including requirements with respect to labeling and review of promotional materials under paragraph (3) and postapproval monitoring under paragraph (6), applicable to the approval of the drug through the limited population pathway for antibacterial drugs. ``(9) Rules of construction.-- ``(A) Standards of evidence and authority of secretary.--Nothing in this subsection shall be construed to alter the standards of evidence applicable to the review and approval of a drug under this Act or the Public Health Service Act, or to modify or limit the authority of the Secretary to approve or monitor drugs pursuant to this Act or the Public Health Service Act as authorized prior to the date of enactment of the Promise for Antibiotics and Therapeutics for Health Act. ``(B) Prescribing authority.--Nothing in this subsection shall be construed to restrict the prescribing of antibiotics or other products, including drugs approved under the limited population pathway, by health care professionals, or to limit the practice of health care. ``(10) Expansion of pathway.--Beginning on October 1, 2016, the limited population pathway for antibiotic drugs may be expanded to apply to approval of other drugs intended to treat a serious or life-threatening illness. The approval of such drugs shall be subject to the considerations and requirements described in this subsection, unless the Secretary delivers a report to Congress prior to that date explaining why such pathway should not be used for other therapeutic areas in addition to antibacterial infections.''.", "summary": "Promise for Antibiotics and Therapeutics for Health Act or the PATH Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Department of Health and Human Services (HHS) to establish a program to approve an antibacterial drug intended to treat a serious medical condition and address an unmet medical need within an identifiable limited population as a limited population antibacterial drug. Requires the sponsor of a drug eligible for approval as a limited population antibacterial drug to demonstrate the safety and effectiveness of the drug for its intended use. Requires an HHS determination of the safety and effectiveness of a limited population antibacterial drug to reflect the drug's benefit-risk profile in the intended limited population. Prohibits a lack of evidence of a favorable benefit-risk profile in a broader population from resulting in a denial of approval. Directs HHS to require: (1) the labeling of a limited population antibacterial drug to indicate that the drug has been approved for use only in a limited population, and (2) submission of promotional materials related to the drug prior to dissemination. Directs HHS to describe considerations for demonstrating the safety and effectiveness of limited population antibacterial drugs and how the limited population pathway can be expanded to other therapeutic areas. Requires HHS to conduct postapproval monitoring programs to study how antibacterial drugs approved through the limited population pathway are used and to monitor changes in bacterial drug resistance. Allows HHS to remove the labeling, marketing, and postapproval monitoring requirements of a limited population antibacterial drug if the drug is approved for broader use. Allows the limited population pathway to be expanded to other drugs intended to treat serious illness beginning October 1, 2016."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care COBRA OffSet Tax Savings Act of 2005'' or the ``Health Care COSTS Act of 2005'' . SEC. 2. REFUNDABLE CREDIT TO SUBSIDIZE COST OF COBRA CONTINUATION COVERAGE FOR CERTAIN INDIVIDUALS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 35 the following new section: ``SEC. 35A. CREDIT TO SUBSIDIZE COST OF COBRA CONTINUATION COVERAGE FOR CERTAIN INDIVIDUALS. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 50 percent of the amount of the premium which would (but for this section) be required to be paid by such individual during the taxable year for COBRA continuation coverage under a group health plan. ``(b) Eligible Individual.--For purposes of this section-- ``(1) In general.--The term `eligible individual' means any individual-- ``(A) who receives COBRA continuation coverage under a group health plan by reason of a qualifying event described in section 4980B(f)(3), and ``(B) the modified adjusted gross income (as defined in section 221(b)(2)(C)) of whom for the taxable year does not exceed the applicable amount. ``(2) Applicable amount.--For purposes of paragraph (1), the applicable amount is $30,000 increased by $10,000-- ``(A) for the spouse of the taxpayer, and ``(B) for each individual who is a dependent (as defined in section 152) of the taxpayer. ``(c) Assignment of Credit to Plan Administrator.--The Secretary shall prescribe regulations which permit eligible individuals to assign the credit under this section to the administrator of the plan under which COBRA continuation coverage is being provided. The credit so assigned by an individual shall be treated by the administrator as a premium payment by such individual. ``(d) Other Definitions.--For purposes of this section-- ``(1) Administrator.--The term `administrator' has the meaning given such term in section 3(16) of the Employee Retirement Income Security Act of 1974. ``(2) COBRA continuation coverage.--The term `COBRA continuation coverage' means the first 18 months of continuation coverage provided pursuant to-- ``(A) section 4980B (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), ``(B) title XXII of the Public Health Service Act, ``(C) part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), ``(D) section 8905a of title 5, United States Code, or ``(E) a State program that provides continuation coverage comparable to such continuation coverage. ``(3) Group health plan.--The term `group health plan' has the meaning given such term in section 9832(a).''. (b) Clerical Amendment.--The table of sections for such subpart C is amended by inserting after the item relating to section 35 the following new item: ``Sec. 35A. Credit to subsidize cost of COBRA continuation coverage for certain individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. CHANGE IN COBRA NOTICE. (a) Notices.-- (1) General notices.--In the case of notices provided under sections 606 of the Employee Retirement Income Security Act of 1974, section 2206 of the Public Health Service Act, and section 4980B(f)(6) of the Internal Revenue Code of 1986 with respect to individuals who become entitled to elect COBRA continuation coverage after the date of the enactment of this Act, such notices shall include an additional notification to the recipient of the availability of the subsidy provided under section 35A of the Internal Revenue Code of 1986. (2) Alternative notice.--In the case of COBRA continuation coverage to which the notice provisions described in paragraph (1) do not apply, the Secretary of Labor shall, in coordination with administrators of the group health plans (or other entities) who provide or administer the COBRA continuation coverage involved, assure provision of such notice. (3) Form.--The requirement of the additional notification under this subsection may be met by amendment of existing notice forms or by inclusion of a separate document with the notice otherwise required. (b) Specific Requirements.--Each additional notification under subsection (a) shall include-- (1) a description of the eligibility requirements for premium assistance under section 35A of the Internal Revenue Code of 1986, (2) the name, address, and telephone number necessary to contact the plan administrator and any other person maintaining relevant information in connection with the premium assistance, and (3) the following statement displayed in a prominent manner: ``You may be eligible to receive assistance with payment of 50 percent of your COBRA continuation coverage premiums for a duration of not to exceed 18 months.''. (c) Model Notices.--The Secretary of Labor shall prescribe models for the additional notification required under this section.", "summary": "Health Care COBRA OffSet Tax Savings Act of 2005 or the Health Care COSTS Act of 2005 - Amends the Internal Revenue Code to allow certain individual taxpayers a refundable tax credit for 50% of the premium for COBRA continuation coverage under a group health plan. Requires notice of the availability of this tax credit to individuals entitled to COBRA continuation coverage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Flexibility Amendments of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) States differ substantially in demographics, in school governance, and in school finance and funding. The administrative and funding mechanisms that help schools in 1 State improve may not prove successful in other States. (2) Although the Elementary and Secondary Education Act of 1965 and other Federal education statutes afford flexibility to State and local educational agencies in implementing Federal programs, certain requirements of Federal education statutes or regulations may impede local efforts to reform and improve education. (3) By granting waivers of certain statutory and regulatory requirements, the Federal Government can remove impediments for local educational agencies in implementing educational reforms and raising the achievement levels of all children. (4) State educational agencies are closer to local school systems, implement statewide educational reforms with both Federal and State funds, and are responsible for maintaining accountability for local activities consistent with State standards and assessment systems. Therefore, State educational agencies are often in the best position to align waivers of Federal and State requirements with State and local initiatives. (5) The Education Flexibility Partnership Demonstration Act allows State educational agencies the flexibility to waive certain Federal requirements, along with related State requirements, but allows only 12 States to qualify for such waivers. (6) Expansion of the waiver authority under such Act will allow for the waiver of statutory and regulatory requirements that impede implementation of State and local educational improvement plans, or that unnecessarily burden program administration, while maintaining the intent and purposes of affected programs, and maintaining such fundamental requirements as those relating to civil rights, educational equity, and accountability. (7) To achieve the State goals for the education of children in the State, the focus must be on results in raising the achievement of all students, not process. SEC. 3. EXPANSION OF THE EDUCATION FLEXIBILITY PARTNERSHIP DEMONSTRATION ACT. (a) In General.--Section 311(e) of the Goals 2000: Educate America Act (20 U.S.C. 5891(e)) is amended-- (1) in paragraph (2)-- (A) by amending subparagraph (A) to read as follows: ``(A) In general.--The Secretary may carry out an education flexibility demonstration program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to 1 or more programs or Acts described in subsection (b) or 1 or more programs described in subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965 (except section 3136 of such Act), other than requirements described in subsection (c) of this Act and section 14401(c) of the Elementary and Secondary Education Act of 1965, for the State educational agency or any local educational agency or school within the State.''; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); and (2) in paragraph (3), by amending subparagraph (A) to read as follows: ``(A)(i) has-- ``(I) developed a State improvement plan under section 306; ``(II) developed and implemented the challenging State content standards, challenging State student performance standards, and aligned assessments described in section 1111(b) of the Elementary and Secondary Education Act of 1965, including the requirements of that section relating to disaggregation of data, and for which local educational agencies in the State are producing the individual school performance profiles required by section 1116(a) of such Act; or ``(III) made substantial progress, as determined by the Secretary, toward developing and implementing the standards and assessments, and toward having local educational agencies in the State produce the profiles, described in subclause (I); and ``(ii) holds local educational agencies and schools accountable for meeting the educational goals described in the local applications submitted under paragraph (5), and for taking corrective actions, consistent with section 1116 of the Elementary and Secondary Education Act of 1965, for the local educational agencies that do not meet the goals; and''. (b) Authority To Issue Waivers.--Section 311(e) of the Goals 2000: Educate America Act (20 U.S.C. 5891(e)) is amended further by adding at the end the following: ``(8) Authority to issue waivers.--Notwithstanding any other provision of law, the Secretary is authorized to carry out the education flexibility demonstration program under this subsection for each of the fiscal years 1999 through 2003.''. (c) Accountability.--Section 311(f) of the Goals 2000: Educate America Act (20 U.S.C. 5891(f)) is amended by adding at the end the following: ``In the case of deciding whether to extend a State educational agency's authority to issue waivers under subsection (e), the Secretary also shall review the progress of the State educational agency to determine if such agency-- ``(1) has established procedures for increasing the percentage of elementary school and secondary school teachers in the State who have demonstrated, by traditional or alternative routes, the subject matter knowledge and pedagogical skill necessary to provide effective instruction in the content area or areas in which the teachers provide instruction; and ``(2) has decreased the percentage of elementary school and secondary school teachers teaching in high poverty elementary schools and secondary schools who do not demonstrate such knowledge and skills.''. (d) Transition Rules.-- (1) Construction.--Nothing in this Act or the amendments made by this Act shall be construed to affect the authority of a State educational agency that has been granted waiver authority under the following provisions of law: (A) Section 311(e) of the Goals 2000: Educate America Act as such section was in effect on the day before the date of enactment of this Act. (B) The proviso referring to such section 311(e) under the heading ``education reform'' in the Department of Education Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-229). (2) Eligibility.--A State educational agency that has been granted waiver authority under a provision of law described in subparagraph (A) or (B) of paragraph (1) prior to the date of enactment of this Act shall be eligible to apply for waiver authority under section 311(e) of the Goals 2000: Educate America Act as such section is in effect on the date of enactment of this Act.", "summary": "Education Flexibility Amendments of 1998 - Amends the Goals 2000: Educate America Act to authorize the Secretary of Education to allow all States to participate in the Education Flexibility Partnership Demonstration Act (Ed-Flex) program. Includes State and local programs for school technology resources under the Educational and Secondary Education Act of 1965 (ESEA) among programs for which requirements may be waived under Ed-Flex. Revises State eligibility requirements for Ed-Flex. Requires States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under ESEA title I; and (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals. Authorizes the Secretary to carry out the Ed-Flex program for FY 1999 through 2003. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of a State educational agency (SEA) to issue waivers, to review the SEA's progress to determine if it has: (1) established procedures for increasing the percentage of elementary school and secondary school teachers in the State who have demonstrated, by traditional or alternative routes, subject matter knowledge and pedagogical skill to provide effective instruction in appropriate content areas; and (2) decreased the percentage of elementary school and secondary school teachers teaching in high poverty elementary schools and secondary schools who do not demonstrate such knowledge and skills."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Emergency and Enforcement Authority Act''. SEC. 2. EMERGENCY ORDERS RELATED TO COMPLIANCE DURING AN EMERGENCY. Section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k) is amended-- (1) in paragraph (2)(A)(iii)-- (A) in subclause (I), by striking ``; or'' and inserting a semicolon; (B) in subclause (II), by striking the period and inserting ``; or''; and (C) by inserting after subclause (II) the following: ``(III) the ability of investors, issuers, brokers or dealers, transfer agents, investment advisers, or other market participants to conduct securities activities or comply with filing, reporting, delivery, or other obligations under the securities laws in a timely, orderly, or efficient manner.''; and (2) in paragraph (7)(A)(ii)-- (A) in subclause (I), by striking ``; or'' and inserting a semicolon; (B) in subclause (II), by striking ``; and'' and inserting ``; or''; and (C) by inserting after subclause (II) the following: ``(III) the ability of investors, issuers, brokers or dealers, transfer agents, investment advisers, or other market participants to conduct securities activities or comply with filing, reporting, delivery, or other obligations under the securities laws in a timely, orderly, or efficient manner; and''. SEC. 3. NATIONWIDE SERVICE OF PROCESS. (a) Securities Act of 1933.--Section 22(a) of the Securities Act of 1933 (15 U.S.C. 77v(a)) is amended by inserting after the second sentence the following: ``In any action or proceeding instituted by the Commission under this title in a United States district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district. Such subpoenas may be served and enforced without application to the court or a showing of cause, notwithstanding the provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil Procedure.''. (b) Securities Exchange Act of 1934.--Section 27 of the Securities Exchange Act of 1934 (15 U.S.C. 78aa) is amended by inserting after the third sentence the following: ``In any action or proceeding instituted by the Commission under this title in a United States district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district. Such subpoenas may be served and enforced without application to the court or a showing of cause, notwithstanding the provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil Procedure.''. (c) Investment Company Act of 1940.--Section 44 of the Investment Company Act of 1940 (15 U.S.C. 80a-43) is amended by inserting after the fourth sentence the following: ``In any action or proceeding instituted by the Commission under this title in a United States district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district. Such subpoenas may be served and enforced without application to the court or a showing of cause, notwithstanding the provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil Procedure.''. (d) Investment Advisers Act of 1940.--Section 214 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-14) is amended by inserting after the third sentence the following: ``In any action or proceeding instituted by the Commission under this title in a United States district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district. Such subpoenas may be served and enforced without application to the court or a showing of cause, notwithstanding the provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil Procedure.''.", "summary": "Enhanced Emergency and Enforcement Authority Act - Amends the Securities Exchange Act of 1934 to empower the Securities and Exchange Commission (SEC) to reduce, eliminate, or prevent substantial disruption by an emergency of the ability of market participants to conduct securities activities or comply with obligations under the securities laws in a timely, orderly, or efficient manner. Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Company Act of 1940 to provide that, in any action or proceeding instituted by the SEC in federal district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district (thus granting the SEC nationwide service of process)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Citizenship Act of 2000''. TITLE I--CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES SEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES. (a) In General.--Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows: ``children born outside the united states and residing permanently in the united states; conditions under which citizenship automatically acquired ``Sec. 320. (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled: ``(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization. ``(2) The child is under the age of eighteen years. ``(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence. ``(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).''. (b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 320 and inserting the following: ``Sec. 320. Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired.''. SEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES. (a) In General.--Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended to read as follows: ``children born and residing outside the united states; conditions for acquiring certificate of citizenship ``Sec. 322. (a) A parent who is a citizen of the United States may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 320. The Attorney General shall issue a certificate of citizenship to such parent upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled: ``(1) At least one parent is a citizen of the United States, whether by birth or naturalization. ``(2) The United States citizen parent-- ``(A) has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or ``(B) has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years. ``(3) The child is under the age of eighteen years. ``(4) The child is residing outside of the United States in the legal and physical custody of the citizen parent, is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status. ``(b) Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 337(a), upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this Act of an applicant for naturalization, the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of citizenship. ``(c) Subsections (a) and (b) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).''. (b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 322 and inserting the following: ``Sec. 322. Children born and residing outside the United States; conditions for acquiring certificate of citizenship.''. SEC. 103. CONFORMING AMENDMENT. (a) In General.--Section 321 of the Immigration and Nationality Act (8 U.S.C. 1432) is repealed. (b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 321. SEC. 104. EFFECTIVE DATE. The amendments made by this title shall take effect 120 days after the date of the enactment of this Act and shall apply to individuals who satisfy the requirements of section 320 or 322 of the Immigration and Nationality Act, as in effect on such effective date. TITLE II--PROTECTIONS FOR CERTAIN ALIENS VOTING BASED ON REASONABLE BELIEF OF CITIZENSHIP SEC. 201. PROTECTIONS FROM FINDING OF BAD MORAL CHARACTER, REMOVAL FROM THE UNITED STATES, AND CRIMINAL PENALTIES. (a) Protection From Being Considered Not of Good Moral Character.-- (1) In general.--Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended by adding at the end the following: ``In the case of an alien who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such statement, claim, or violation that he or she was a citizen, no finding that the alien is, or was, not of good moral character may be made based on it.''. (2) Effective date.--The amendment made by paragraph (1) shall be effective as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546) and shall apply to individuals having an application for a benefit under the Immigration and Nationality Act pending on or after September 30, 1996. (b) Protection From Being Considered Inadmissible.-- (1) Unlawful voting.--Section 212(a)(10)(D) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(D)) is amended to read as follows: ``(D) Unlawful voters.-- ``(i) In general.--Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible. ``(ii) Exception.--In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such violation.''. (2) Falsely claiming citizenship.--Section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is amended to read as follows: ``(ii) Falsely claiming citizenship.-- ``(I) In general.--Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible. ``(II) Exception.--In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.''. (3) Effective dates.--The amendment made by paragraph (1) shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting occurring before, on, or after September 30, 1996. The amendment made by paragraph (2) shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637) and shall apply to representations made on or after September 30, 1996. Such amendments shall apply to individuals in proceedings under the Immigration and Nationality Act on or after September 30, 1996. (c) Protection From Being Considered Deportable.-- (1) Unlawful voting.--Section 237(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(6)) is amended to read as follows: ``(6) Unlawful voters.-- ``(A) In general.--Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable. ``(B) Exception.--In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation.''. (2) Falsely claiming citizenship.--Section 237(a)(3)(D) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended to read as follows: ``(D) Falsely claiming citizenship.-- ``(i) In general.--Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. ``(ii) Exception.--In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.''. (3) Effective dates.--The amendment made by paragraph (1) shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting occurring before, on, or after September 30, 1996. The amendment made by paragraph (2) shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637) and shall apply to representations made on or after September 30, 1996. Such amendments shall apply to individuals in proceedings under the Immigration and Nationality Act on or after September 30, 1996. (d) Protection From Criminal Penalties.-- (1) Criminal penalty for voting by aliens in federal election.--Section 611 of title 18, United States Code, is amended by adding at the end the following: ``(c) Subsection (a) does not apply to an alien if-- ``(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization); ``(2) the alien permanently resided in the United States prior to attaining the age of 16; and ``(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.''. (2) Criminal penalty for false claim to citizenship.--Section 1015 of title 18, United States Code, is amended by adding at the end the following: ``Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States.''. (3) Effective dates.--The amendment made by paragraph (1) shall be effective as if included in the enactment of section 216 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-572). The amendment made by paragraph (2) shall be effective as if included in the enactment of section 215 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009- 572). The amendments made by paragraphs (1) and (2) shall apply to an alien prosecuted on or after September 30, 1996, except in the case of an alien whose criminal proceeding (including judicial review thereof) has been finally concluded before the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Provides for issuance of a certificate of naturalization for a child born outside of the United States when the following conditions are met: (1) at least one parent is a U.S. citizen who has been present in the United States for not less than five years, at least two of which were after having attained the age of 14, or who has a citizen parent meeting such requirements; (2) the child is under 18 years old; and (3) the child is residing outside the United States in the legal and physical custody of the citizen parent, is temporarily and lawfully present in the United States, and is maintaining such lawful status. Applies such provision to an adopted child meeting certain definitional requirements who is adopted by a U.S. citizen parent. Title II: Protections for Certain Aliens Voting Based on Reasonable Belief of Citizenship - Amends the Immigration and Nationality Act respecting unlawful voting or false U.S. citizenship claims by permanent resident aliens under 16 years old having natural or adoptive U.S. citizen parents, to provide exceptions from certain provisions regarding deportability, moral character, inadmissability or related criminal penalties."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Medications for the Elderly Act''. SEC. 2. MEDICARE COVERAGE OF PHARMACEUTICAL CARE SERVICES. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (N); and (2) by inserting after subparagraph (O) the following new subparagraph: ``(P) covered pharmaceutical care services (as defined in subsection (oo));''. (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Covered Pharmaceutical Care Services ``(oo)(1) The term `covered pharmaceutical care services' means pharmaceutical care services described in paragraph (2) which are furnished by a pharmacist who is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished. ``(2) The pharmaceutical care services described in this paragraph are as follows: ``(A) Services covered under subsection (s)(10) (relating to certain vaccines and their administration). ``(B) Consultation with a physician which results in the physician taking any of the following actions with respect to an outpatient prescription drug furnished to an individual enrolled under part B (without regard to whether or not payment is made for the drug under such part): ``(i) A change in the individual's drug regimen to avoid an adverse interaction with another drug or medical condition. ``(ii) A change in the dosage or form of an outpatient prescription drug taken by the individual. ``(iii) The elimination of a drug from the individual's drug regimen. ``(iv) The initiation of a drug therapy for a medical condition. ``(C) Consultation with an individual enrolled under part B which results in improved compliance by the individual with an outpatient prescription drug regimen with respect to any drug identified by the Secretary pursuant to paragraph (3), if the pharmacist maintains documentation (in accordance with such requirements as the Secretary may impose) that the improvement in compliance is considered necessary by the prescriber of the drug or under peer-reviewed medical literature. ``(3)(A) With respect to the consultations described in paragraph (2)(C), the Secretary shall, not later than one year after the date of the enactment of this subsection, identify and publish a list of outpatient prescription drugs (without regard to whether payment is made for such drug under part B) which are used in the treatment of the following conditions prevalent in the elderly: ``(i) Asthma and chronic obstructive pulmonary disease. ``(ii) Congestive heart failure. ``(iii) Depression. ``(iv) Hyperlipidemia. ``(v) Non-insulin-dependent diabetes. ``(vi) Prevention of stroke (including antihypertensive and anticoagulant therapy). ``(vii) Simultaneous use of 4 or more drugs. ``(B) Beginning 5 years after the date of the enactment of this subsection, the Secretary may periodically update such list of drugs to reflect changes in medical and pharmaceutical practice, the development of new drugs, and other factors the Secretary considers appropriate.''. (c) Payment.-- (1) In general.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (P)'' and inserting ``(P)''; and (B) by striking the semicolon at the end and inserting the following: ``, and (Q) with respect to covered pharmaceutical care services (as defined in section 1861(oo)), the amounts paid shall be the amounts described in section 1834(k)(1);''. (2) Establishment of fee schedule.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(k) Fee Schedules for Pharmaceutical Care Services.-- ``(1) Development.--The Secretary shall develop-- ``(A) a relative value scale to serve as the basis for the payment of covered pharmaceutical care services (as defined in section 1861(oo)) under this part; and ``(B) using such scale and appropriate conversion factors, fee schedules (on a regional, statewide, locality, or carrier service area basis) for payment for covered pharmaceutical care services under this part, to be implemented for such services furnished during years beginning after the expiration of the 3- year period which begins on the date of the enactment of this subsection. ``(2) Considerations.--In developing the relative value scale and fee schedules under paragraph (1), the Secretary shall take into account-- ``(A) differences in the time required to perform types of covered pharmaceutical care services; ``(B) differences in the level of risk associated with the use of particular outpatient prescription drugs or groups of drugs; and ``(C) differences in the health status of individuals to whom covered pharmaceutical care services are provided. ``(3) Payments prior to implementation of fee schedule.--In the case of covered pharmaceutical care services described in subparagraph (B) or (C) of section 1861(oo)(2) which are furnished prior to the implementation of the fee schedule under paragraph (1)(B), the amount of payment made under this part shall be equal to 80 percent of the amount which would be paid for the service under the fee schedule applicable under section 1848 if the service were furnished by a physician.''. (3) Report to congress.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the relative value scale and fee schedules developed pursuant to section 1834(k)(1) of the Social Security Act (as added by paragraph (2)) for covered pharmaceutical services under part B of the Medicare program. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 1997.", "summary": "Safe Medications for the Elderly Act - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for Medicare part B (Supplementary Medical Insurance) coverage of certain pharmaceutical care services; and (2) direct the Secretary of Health and Human Services to develop a relative value scale and fee schedules for the payment of such services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reno, Nevada, Railroad Right-of-Way Conveyance Validation Act''. SEC. 2. VALIDATION OF CONVEYANCES. Except as provided in section 4, the conveyances described in section 3 (involving certain lands in Washoe County, State of Nevada) concerning lands that form parts of the right-of-way granted by the United States to the Central Pacific Railway Company in the Act entitled ``An Act to aid in the Construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to secure to the Government the Use of the same for Postal, Military, and Other Purposes'', approved July 1, 1862 (12 Stat. 489), hereby are legalized, validated, and confirmed, as far as any interest of the United States in such lands is concerned, with the same force and effect as if the land involved in each such conveyance had been held, on the date of such conveyance, under absolute fee simple title by the grantor of such land. SEC. 3. CONVEYANCES OF LANDS IN WASHOE COUNTY, STATE OF NEVADA. The conveyances of land in Washoe County, State of Nevada, referred to in section 2 are as follows: (1) The conveyance entered into between Charles Crocker, grantor, and A. Montminy, grantee, recorded June 10, 1868, in book 2, at page 417, in the deed records of the county of Washoe. (2) The conveyance entered into between Charles Crocker, grantor, and U. Harris, grantee, recorded June 22, 1868, in book 2, at page 430, in the deed records of the county of Washoe. (3) The conveyance entered into between Charles Crocker, grantor, and Mark Lovely, grantee, recorded July 16, 1868, in book 2, at page 569, in the deed records of the county of Washoe. (4) The conveyance entered into between Charles Crocker, grantor, and Marco Medin and Paul Mavrich, grantees, recorded July 20, 1868, in book 2, at page 462, in the deed records of the county of Washoe. (5) The conveyance entered into between Charles Crocker, grantor, and S. Barclay, grantee, recorded September 21, 1868, in book 2, at page 513, in the deed records of the county of Washoe. (6) The conveyance entered into between Charles Crocker, grantor, and John Piper, grantee, recorded December 18, 1868, in book 2, at page 613, in the deed records of the county of Washoe. (7) The conveyance entered into between Charles Crocker, grantor, and William H. Potter, grantee, recorded June 28, 1869, in book 3, at page 15, in the deed records of the county of Washoe. (8) The conveyance entered into between Charles Crocker, grantor, and O.C. Madden, recorded November 16, 1870, in book 3, at page 299, in the deed records of the county of Washoe. (9) The conveyance entered into between Charles Crocker, grantor, and Peter Zenovich and George Zenovich, grantees, recorded August 12, 1871, in book 3, at page 519, in the deed records of the county of Washoe. (10) The conveyance entered into between Charles Crocker, grantor, and Mrs. M.A. Pine, grantee, recorded August 21, 1871, in book 3, at page 527, in the deed records of the county of Washoe. (11) The conveyance entered into between Charles Crocker, grantor, and T.R. Hughes, grantee, recorded October 11, 1871, in book 3, at page 552, in the deed records of the county of Washoe. (12) The conveyance entered into between Charles Crocker, grantor, and Joseph Leonard, grantee, recorded December 10, 1873, in book 4, at page 568, in the deed records of the county of Washoe. (13) The conveyance entered into between Charles Crocker, grantor, and S.M. Jamison, grantee, recorded August 17, 1875, in book 5, at page 606, in the deed records of the county of Washoe. (14) The conveyance entered into between Charles Crocker, grantor, and W.R. Chamberlain and W.S. Bender, grantees, recorded April 6, 1876, in book 6, at page 77, in the deed records of the county of Washoe. (15) The conveyance entered into between Charles Crocker, grantor, and C.S. Martin, grantee, recorded September 29, 1880, in book 8, at page 628, in the deed records of the county of Washoe. (16) The conveyance entered into between Charles Crocker, grantor, and E.C. McKenney, grantee, recorded October 7, 1881, in book 9, at page 296, in the deed records of the county of Washoe. (17) The conveyance entered into between Charles Crocker, grantor, and Josephine E. McCutchen, recorded May 2, 1891, in book 15, at page 401, in the deed records of the county of Washoe. (18) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Lincoln Management Company, Inc., a Nevada corporation, as to an undivided 50 percent interest, Donald L. Carano, a married man, as to an undivided 33 percent interest, and Raymond J. Poncia, Jr., an unmarried man, as to an undivided 17 percent interest as tenants in common, grantees, recorded September 30, 1988, in book 2806, at page 950, as instrument no. 1278084, in the official records of the county of (Washoe). (19) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Western Pacific Development Corporation, a Delaware corporation grantee, recorded October 5, 1988, in book 2809, at page 522, as instrument no. 1279168, and by Correction Deed recorded July 31, 1989, in book 2943, at page 902, as instrument no. 1340306 in the official records of the county of Nevada. (20) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Zante, Inc., a Nevada corporation, grantee, recorded May 31, 1989, in book 2916, at page 825, as instrument no. 1327855 in the official records of the county of Nevada. (21) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Frank F. Knafel, an individual, grantee, recorded September 29, 1989, in book 2971, at page 120, as instrument no. 1352564 in the official records of the county of Nevada. (22) The conveyances entered into between the Southern Pacific Transportation Company, grantor, and George E. Croom, Jr., and Sharon M. Croom, as Trustees of The Lake Trust, grantee, recorded August 25, 1990, in book 3131, at page 608, as instrument no. 1422684 in the official records of the county of Nevada. (23) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and the Redevelopment Agency of the City of Reno, a governmental agency, grantee, recorded December 11, 1992, in book 3630, at page 297, as instrument no. 1629655 in the official records of the county of Nevada. SEC. 4. LIMITATIONS ON VALIDATION OF CONVEYANCES. (a) Scope.--Nothing in this Act shall be construed to-- (1) diminish the right-of-way referred to in section 2 to a width of less than 50 feet on each side of the center of the main track or tracks maintained by the Southern Pacific Transportation Company on the date of enactment of this Act; or (2) legalize, validate, or confirm, with respect to any land that is the subject of a conveyance referred to in section 3, any right or title to, or interest in, such land arising out of adverse possession, prescription, or abandonment, and not confirmed by such conveyance; (3) impair any existing rights of access in favor of the public or any owner of adjacent lands over, under, or across the lands which are referred to in section 3. (b) Minerals.-- (1) The United States hereby reserves any federally owned minerals that may exist in land that is conveyed pursuant to section 2 of this Act, including the right of the United States, its assignees or lessees, to enter upon and utilize as much of the surface of said land as is necessary to remove minerals under the laws of the United States. (2) Any and all minerals reserved by paragraph (1) are hereby withdrawn from all forms of entry, appropriation, and patent under the mining, mineral leasing, and geothermal leasing laws of the United States.", "summary": "Reno, Nevada, Railroad Right-of-Way Conveyance Validation Act - Validates the conveyances from the United States to the Central Pacific Railway Company of certain lands in Washoe County, Nevada, constituting parts of a right-of-way granted to such Railway. Reserves to the United States any federally owned mineral rights in such lands."}
{"article": "-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-. -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-L-u-p-u-s -R-e-s-e-a-r-c-h -A-m-e-n-d-m-e-n-t-s -o-f -1-9-9-3-'-'-. -S-E-C-. -2-. -F-I-N-D-I-N-G-S-. -T-h-e -C-o-n-g-r-e-s-s -f-i-n-d-s -t-h-a-t--- -(-1-) -l-u-p-u-s -i-s -a -s-e-r-i-o-u-s-, -c-o-m-p-l-e-x-, -i-n-f-l-a-m-m-a-t-o-r-y-, -a-u-t-o-i-m-m-u-n-e -d-i-s-e-a-s-e -o-f -p-a-r-t-i-c-u-l-a-r -c-o-n-c-e-r-n -t-o -w-o-m-e-n-; -(-2-) -l-u-p-u-s -a-f-f-e-c-t-s -w-o-m-e-n -9 -t-i-m-e-s -m-o-r-e -o-f-t-e-n -t-h-a-n -m-e-n-; -(-3-) -t-h-e-r-e -a-r-e -3 -m-a-i-n -t-y-p-e-s -o-f -l-u-p-u-s-: -s-y-s-t-e-m-i-c -l-u-p-u-s-, -a -s-e-r-i-o-u-s -f-o-r-m -o-f -t-h-e -d-i-s-e-a-s-e -t-h-a-t -a-f-f-e-c-t-s -m-a-n-y -p-a-r-t-s -o-f -t-h-e -b-o-d-y-; -d-i-s-c-o-i-d -l-u-p-u-s-, -a -f-o-r-m -o-f -t-h-e -d-i-s-e-a-s-e -t-h-a-t -a-f-f-e-c-t-s -m-a-i-n-l-y -t-h-e -s-k-i-n-; -a-n-d -d-r-u-g-- -i-n-d-u-c-e-d -l-u-p-u-s -c-a-u-s-e-d -b-y -c-e-r-t-a-i-n -m-e-d-i-c-a-t-i-o-n-s-; -(-4-) -l-u-p-u-s -c-a-n -b-e -f-a-t-a-l -i-f -n-o-t -d-e-t-e-c-t-e-d -a-n-d -t-r-e-a-t-e-d -e-a-r-l-y-; -(-5-) -t-h-e -d-i-s-e-a-s-e -c-a-n -s-i-m-u-l-t-a-n-e-o-u-s-l-y -a-f-f-e-c-t -v-a-r-i-o-u-s -a-r-e-a-s -o-f -t-h-e -b-o-d-y-, -s-u-c-h -a-s -t-h-e -s-k-i-n-, -j-o-i-n-t-s-, -k-i-d-n-e-y-s-, -a-n-d -b-r-a-i-n-, -a-n-d -c-a-n -b-e -d-i-f-f-i-c-u-l-t -t-o -d-i-a-g-n-o-s-e -b-e-c-a-u-s-e -t-h-e -s-y-m-p-t-o-m-s -o-f -l-u-p-u-s -a-r-e -s-i-m-i-l-a-r -t-o -t-h-o-s-e -o-f -m-a-n-y -o-t-h-e-r -d-i-s-e-a-s-e-s-; -(-6-) -l-u-p-u-s -d-i-s-p-r-o-p-o-r-t-i-o-n-a-t-e-l-y -a-f-f-e-c-t-s -A-f-r-i-c-a-n---A-m-e-r-i-c-a-n -w-o-m-e-n-, -a-s -t-h-e -p-r-e-v-a-l-e-n-c-e -o-f -t-h-e -d-i-s-e-a-s-e -a-m-o-n-g -s-u-c-h -w-o-m-e-n -i-s -3 -t-i-m-e-s -t-h-e -p-r-e-v-a-l-e-n-c-e -a-m-o-n-g -w-h-i-t-e -w-o-m-e-n-, -a-n-d -a-n -e-s-t-i-m-a-t-e-d -1 -i-n -2-5-0 -A-f-r-i-c-a-n-- -A-m-e-r-i-c-a-n -w-o-m-e-n -b-e-t-w-e-e-n -t-h-e -a-g-e-s -o-f -1-5 -a-n-d -6-5 -d-e-v-e-l-o-p-s -t-h-e -d-i-s-e-a-s-e-; -(-7-) -i-t -h-a-s -b-e-e-n -e-s-t-i-m-a-t-e-d -t-h-a-t -o-v-e-r -5-0-0-,-0-0-0 -A-m-e-r-i-c-a-n-s -h-a-v-e -b-e-e-n -d-i-a-g-n-o-s-e-d -w-i-t-h -t-h-e -d-i-s-e-a-s-e-, -a-n-d -t-h-a-t -m-a-n-y -m-o-r-e -h-a-v-e -u-n-d-i-a-g-n-o-s-e-d -c-a-s-e-s-; -(-8-) -c-u-r-r-e-n-t -t-r-e-a-t-m-e-n-t-s -f-o-r -t-h-e -d-i-s-e-a-s-e -c-a-n -b-e -e-f-f-e-c-t-i-v-e-, -b-u-t -m-a-y -l-e-a-d -t-o -d-a-m-a-g-i-n-g -s-i-d-e -e-f-f-e-c-t-s-; -a-n-d -(-9-) -m-a-n-y -v-i-c-t-i-m-s -o-f -t-h-e -d-i-s-e-a-s-e -s-u-f-f-e-r -d-e-b-i-l-i-t-a-t-i-n-g -p-a-i-n -a-n-d -f-a-t-i-g-u-e-, -m-a-k-i-n-g -i-t -d-i-f-f-i-c-u-l-t -t-o -m-a-i-n-t-a-i-n -e-m-p-l-o-y-m-e-n-t -a-n-d -l-e-a-d -n-o-r-m-a-l -l-i-v-e-s-. -S-E-C-. -3-. -E-X-P-A-N-S-I-O-N -A-N-D -I-N-T-E-N-S-I-F-I-C-A-T-I-O-N -O-F -A-C-T-I-V-I-T-I-E-S -R-E-G-A-R-D-I-N-G -L-U-P-U-S-. -S-u-b-p-a-r-t -4 -o-f -p-a-r-t -C -o-f -t-i-t-l-e -I-V -o-f -t-h-e -P-u-b-l-i-c -H-e-a-l-t-h -S-e-r-v-i-c-e -A-c-t -(-4-2 -U-.-S-.-C-. -2-8-5-d -e-t -s-e-q-.-) -i-s -a-m-e-n-d-e-d -b-y -i-n-s-e-r-t-i-n-g -a-f-t-e-r -s-e-c-t-i-o-n -4-4-1 -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -s-e-c-t-i-o-n-: -`-`-l-u-p-u-s -`-`-S-e-c-. -4-4-1-A-. -(-a-) -I-n -G-e-n-e-r-a-l-.----T-h-e -D-i-r-e-c-t-o-r -o-f -t-h-e -I-n-s-t-i-t-u-t-e -s-h-a-l-l -e-x-p-a-n-d -a-n-d -i-n-t-e-n-s-i-f-y -r-e-s-e-a-r-c-h -a-n-d -r-e-l-a-t-e-d -a-c-t-i-v-i-t-i-e-s -o-f -t-h-e -I-n-s-t-i-t-u-t-e -w-i-t-h -r-e-s-p-e-c-t -t-o -l-u-p-u-s-. -`-`-(-b-) -C-o-o-r-d-i-n-a-t-i-o-n -W-i-t-h -O-t-h-e-r -I-n-s-t-i-t-u-t-e-s-.----T-h-e -D-i-r-e-c-t-o-r -o-f -t-h-e -I-n-s-t-i-t-u-t-e -s-h-a-l-l -c-o-o-r-d-i-n-a-t-e -t-h-e -a-c-t-i-v-i-t-i-e-s -o-f -t-h-e -D-i-r-e-c-t-o-r -u-n-d-e-r -s-u-b-s-e-c-t-i-o-n -(-a-) -w-i-t-h -s-i-m-i-l-a-r -a-c-t-i-v-i-t-i-e-s -c-o-n-d-u-c-t-e-d -b-y -t-h-e -o-t-h-e-r -n-a-t-i-o-n-a-l -r-e-s-e-a-r-c-h -i-n-s-t-i-t-u-t-e-s -a-n-d -a-g-e-n-c-i-e-s -o-f -t-h-e -N-a-t-i-o-n-a-l -I-n-s-t-i-t-u-t-e-s -o-f -H-e-a-l-t-h -t-o -t-h-e -e-x-t-e-n-t -t-h-a-t -s-u-c-h -I-n-s-t-i-t-u-t-e-s -a-n-d -a-g-e-n-c-i-e-s -h-a-v-e -r-e-s-p-o-n-s-i-b-i-l-i-t-i-e-s -t-h-a-t -a-r-e -r-e-l-a-t-e-d -t-o -l-u-p-u-s-. -`-`-(-c-) -P-r-o-g-r-a-m-s -f-o-r -L-u-p-u-s-.----I-n -c-a-r-r-y-i-n-g -o-u-t -s-u-b-s-e-c-t-i-o-n -(-a-)-, -t-h-e -D-i-r-e-c-t-o-r -o-f -t-h-e -I-n-s-t-i-t-u-t-e -s-h-a-l-l -c-o-n-d-u-c-t -o-r -s-u-p-p-o-r-t -r-e-s-e-a-r-c-h -t-o -e-x-p-a-n-d -t-h-e -u-n-d-e-r-s-t-a-n-d-i-n-g -o-f -t-h-e -c-a-u-s-e-s -o-f-, -a-n-d -t-o -f-i-n-d -a -c-u-r-e -f-o-r-, -l-u-p-u-s-. -A-c-t-i-v-i-t-i-e-s -u-n-d-e-r -s-u-c-h -s-u-b-s-e-c-t-i-o-n -s-h-a-l-l -i-n-c-l-u-d-e -r-e-s-e-a-r-c-h -t-o -d-e-t-e-r-m-i-n-e -t-h-e -r-e-a-s-o-n-s -u-n-d-e-r-l-y-i-n-g -t-h-e -e-l-e-v-a-t-e-d -p-r-e-v-a-l-e-n-c-e -o-f -t-h-e -d-i-s-e-a-s-e -a-m-o-n-g -A-f-r-i-c-a-n---A-m-e-r-i-c-a-n -a-n-d -o-t-h-e-r -w-o-m-e-n-. -A-c-t-i-v-i-t-i-e-s -u-n-d-e-r -s-u-c-h -s-u-b-s-e-c-t-i-o-n -s-h-a-l-l -p-r-o-v-i-d-e -f-o-r -a-n -e-x-p-a-n-s-i-o-n -a-n-d -i-n-t-e-n-s-i-f-i-c-a-t-i-o-n -o-f -t-h-e -c-o-n-d-u-c-t -a-n-d -s-u-p-p-o-r-t -o-f--- -`-`-(-1-) -b-a-s-i-c -r-e-s-e-a-r-c-h -c-o-n-c-e-r-n-i-n-g -t-h-e -e-t-i-o-l-o-g-y -a-n-d -c-a-u-s-e-s -o-f -l-u-p-u-s-; -`-`-(-2-) -e-p-i-d-e-m-i-o-l-o-g-i-c-a-l -s-t-u-d-i-e-s -t-o -a-d-d-r-e-s-s -t-h-e -f-r-e-q-u-e-n-c-y -a-n-d -n-a-t-u-r-a-l -h-i-s-t-o-r-y -o-f -t-h-e -d-i-s-e-a-s-e -a-n-d -t-h-e -d-i-f-f-e-r-e-n-c-e-s -a-m-o-n-g -t-h-e -s-e-x-e-s -a-n-d -a-m-o-n-g -r-a-c-i-a-l -a-n-d -e-t-h-n-i-c -g-r-o-u-p-s -w-i-t-h -r-e-s-p-e-c-t -t-o -t-h-e -d-i-s-e-a-s-e-; -`-`-(-3-) -t-h-e -d-e-v-e-l-o-p-m-e-n-t -o-f -i-m-p-r-o-v-e-d -s-c-r-e-e-n-i-n-g -t-e-c-h-n-i-q-u-e-s-; -`-`-(-4-) -c-l-i-n-i-c-a-l -r-e-s-e-a-r-c-h -f-o-r -t-h-e -d-e-v-e-l-o-p-m-e-n-t -a-n-d -e-v-a-l-u-a-t-i-o-n -o-f -n-e-w -t-r-e-a-t-m-e-n-t-s-, -i-n-c-l-u-d-i-n-g -n-e-w -b-i-o-l-o-g-i-c-a-l -a-g-e-n-t-s-; -a-n-d -`-`-(-5-) -i-n-f-o-r-m-a-t-i-o-n -a-n-d -e-d-u-c-a-t-i-o-n -p-r-o-g-r-a-m-s -f-o-r -h-e-a-l-t-h -c-a-r-e -p-r-o-f-e-s-s-i-o-n-a-l-s -a-n-d -t-h-e -p-u-b-l-i-c-. -`-`-(-d-) -A-u-t-h-o-r-i-z-a-t-i-o-n -o-f -A-p-p-r-o-p-r-i-a-t-i-o-n-s-.----F-o-r -t-h-e -p-u-r-p-o-s-e -o-f -c-a-r-r-y-i-n-g -o-u-t -t-h-i-s -s-e-c-t-i-o-n-, -t-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d -t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -$-2-0-,-0-0-0-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4-, -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -e-a-c-h -o-f -t-h-e -f-i-s-c-a-l -y-e-a-r-s -1-9-9-4 -t-h-r-o-u-g-h -1-9-9-6-. -T-h-e -a-u-t-h-o-r-i-z-a-t-i-o-n -o-f -a-p-p-r-o-p-r-i-a-t-i-o-n-s -e-s-t-a-b-l-i-s-h-e-d -i-n -t-h-e -p-r-e-c-e-d-i-n-g -s-e-n-t-e-n-c-e -i-s -i-n -a-d-d-i-t-i-o-n -t-o -a-n-y -o-t-h-e-r -a-u-t-h-o-r-i-z-a-t-i-o-n -o-f -a-p-p-r-o-p-r-i-a-t-i-o-n-s -t-h-a-t -i-s -a-v-a-i-l-a-b-l-e -f-o-r -s-u-c-h -p-u-r-p-o-s-e-.-'-'-. SECTION 1. SHORT TITLE. This Act may be cited as the ``Lupus Research Amendments of 1994''. SEC. 2. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING LUPUS. Subpart 4 of part C of title IV of the Public Health Service Act (42 U.S.C. 285d et seq.) is amended by inserting after section 441 the following new section: ``lupus ``Sec. 441A. (a) In General.--The Director of the Institute shall conduct lupus research and related activities. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to lupus. ``(c) Programs for Lupus.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus. Activities under such subsection shall provide for the conduct and support of-- ``(1) research to determine the reasons for the elevated prevalence of the disease in women, including African American women; ``(2) basic research concerning the etiology and causes of lupus; ``(3) epidemiological studies to address the frequency and natural history of the disease and the differences among the sexes and among racial and ethnic groups with respect to the disease; ``(4) the development of improved diagnostic techniques; ``(5) clinical research for the development and evaluation of new treatments, including new biological agents; ``(6) information and education programs for health care professionals and the public; and ``(7) other relevant activities.''.", "summary": "Lupus Research Amendments of 1994 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to conduct lupus research and related activities. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tampering of Prescription Pills Act of 2015''. SEC. 2. ABUSE-DETERRENT TECHNOLOGY. (a) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `abuse-deterrent drug' means a drug that-- ``(1) contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; ``(2) has been formulated for oral administration; and ``(3)(A) exhibits physicochemical properties (demonstrated by in vitro, in vivo, or other testing, or some combination thereof, as determined appropriate by the Secretary) that make product manipulation significantly more difficult or ineffective in altering the characteristics of the drug for purposes of misuse or abuse when compared to drugs without such properties; or ``(B) contains one or more additional active or inactive ingredients that are intended to deter abuse through potential pharmacological effects, the effectiveness of which has been demonstrated by at least one adequate and well-controlled investigation.''. (b) Required Information in Application for Approval of Brand Name Drugs.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended by adding at the end the following: ``(7) Abuse-deterrent drugs.--If an application submitted under this subsection is potentially subject to refusal under subsection (d)(7), the application shall include such information as the Secretary determines necessary to demonstrate that the application is not subject to such refusal.''. (c) Approval of New Brand Name Drugs.--Section 505(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(d)) is amended-- (1) by inserting ``(7)(A) such drug has been formulated for oral administration; (B) such drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (C) such drug is not an abuse-deterrent drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that (i) contains the same active moiety; (ii) is an abuse-deterrent drug, and (iii) has not been discontinued from marketing; or'' after ``(6) the application failed to contain the patent information prescribed by subsection (b); or''; (2) by striking ``(7) based on fair'' and inserting ``(8) based on fair''; (3) by striking ``clauses (1) through (6)'' and inserting ``paragraphs (1) through (7)''; and (4) by inserting ``The Secretary may issue an order approving an application, even if paragraph (7) applies, upon a finding that paragraphs (1) through (6) and paragraph (8) do not apply and that such approval is necessary either to prevent or alleviate a drug shortage or to otherwise address a significant unmet public health need.'' before ``As used in this subsection and subsection (e)''. (d) Generic Drugs.--Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended-- (1) in paragraph (2)-- (A) subparagraph (A)-- (i) in clause (vii), by striking ``and'' at the end; (ii) in clause (viii), by striking the period at the end and inserting ``; and''; (iii) by inserting after clause (viii) the following: ``(ix) if the listed drug is an abuse-deterrent drug due to its physicochemical properties, information from comparative in vitro, in vivo, or other testing, or some combination thereof, as appropriate based on the type of data submitted for the listed drug, that demonstrates the new drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug.''; and (iv) in the continuation text at the end of the subparagraph, by striking ``clauses (i) through (viii)'' and inserting ``clauses (i) through (ix)''; (B) in subparagraph (C)-- (i) in clause (i), by striking ``or'' at the end; (ii) in clause (ii), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(iii) that the listed drug is an abuse-deterrent drug and one or more of the new drug's active moieties differ in any material respect (in amount or otherwise) from those of the listed drug.''; (2) in paragraph (5), by adding at the end the following: ``(G) If a drug has been approved pursuant to an application submitted under paragraph (2), and thereafter the listed drug referred to in the application becomes an abuse- deterrent drug, the drug so approved shall not be considered to be bioequivalent to, or to have the same therapeutic effect as, the listed drug (as described in paragraph (2)(A)(iv)) unless and until the drug so approved has been found by the Secretary to meet the requirements of paragraph (2)(A)(ix).''; and (3) in paragraph (6)-- (A) by striking ``(6) If a drug'' and inserting ``(6)(A) If a drug''; (B) by striking ``(A) for the'' and inserting ``(i) for the''; (C) by striking ``(B) if the'' and inserting ``(ii) if the''; and (D) by adding at the end the following: ``(B) For purposes of this paragraph and paragraph (7)(C), a withdrawal or suspension of a drug formulated for oral administration shall be considered to have been for safety or effectiveness reasons if-- ``(i) the approval of a listed drug, which is not an abuse-deterrent drug, is withdrawn or suspended, or a listed drug, which is not an abuse-deterrent drug, is withdrawn from sale; and ``(ii) the Secretary has previously approved pursuant to an application under subsection (b) a drug that-- ``(I) is in the same dosage form; ``(II) contains the same controlled substance as an active moiety; ``(III) is an abuse-deterrent drug; and ``(IV) has not been discontinued from marketing.''. (e) Withdrawal of Previously Approved Brand Name and Generic Drugs.--Section 505(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(e)) is amended-- (1) by inserting ``or (6)(A) the drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (B) the drug is formulated for oral administration; (C) the drug is not an abuse-deterrent drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that contains the same active moiety, is an abuse-deterrent drug, and has not been discontinued from marketing'' before ``: Provided,''; and (2) by adding at the end the following: ``The Secretary may waive the application of paragraph (6) of the first sentence of this subsection in the case of a drug intended for use in a special needs population. In withdrawing (under paragraph (6) of the first sentence of this subsection) the approval of an application with respect to any drug, the Secretary shall, on a case-by-case basis, delay the effective date of such withdrawal for a period deemed sufficient by the Secretary to give the sponsor an opportunity to obtain approval under this section for a formulation of the drug meeting the criteria described in paragraph (2) of the definition of a''abuse-deterrent drug`` in section 201(ss).''. (f) Listed Drugs.--Section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the following: ``(D) Beginning 60 days after the date of the enactment of the Stop Tampering of Prescription Pills Act of 2015, the Secretary shall-- ``(i) include in the list under subparagraph (A) a list of each drug or category of drugs which the Secretary has found to be abuse-deterrent drugs; and ``(ii) update the list under subparagraph (A)-- ``(I) to remove from the list of abuse- deterrent drugs any drug the Secretary later determines is not an abuse-deterrent drug; and ``(II) as required by subparagraph (C) to reflect the application of paragraph (6)(B) to drugs that are withdrawn or suspended.''.", "summary": "Stop Tampering of Prescription Pills Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to deny approval to a new oral opioid (a drug with effects similar to opium, such as morphine) that does not have properties that make the drug significantly more difficult to abuse if an abuse-deterrent drug containing the same opioid is available. The FDA may approve an opioid drug that is not abuse-deterrent if approval is necessary to prevent or alleviate a drug shortage or to address a significant unmet public health need. To be approved by the FDA, a generic version of an abuse-deterrent brand name drug must be at least comparably abuse-deterrent and its active components must not differ in any material respect from the brand name drug. An approved generic drug is not bioequivalent to, and does not have the same therapeutic effect as, a brand name drug that becomes abuse-deterrent unless the generic drug is at least comparably abuse-deterrent. Approval of a generic oral opioid is withdrawn if the brand name drug is not abuse-deterrent and not available and there is an approved abuse-deterrent drug available that contains the same opioid in the same dose. Approval of an oral opioid is withdrawn if the drug is not abuse-deterrent and there is an approved abuse-deterrent drug available that contains the same opioid. Withdrawal of approval may be waived by the FDA for a drug intended for a special needs population. The FDA must delay withdrawal to give the drug sponsor an opportunity to obtain approval for an abuse-deterrent formulation of the drug."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense of Environment and Property Act of 2015''. SEC. 2. NAVIGABLE WATERS. (a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ``(B) Exclusions.--The term `navigable waters' does not include (including by regulation)-- ``(i) waters that-- ``(I) do not physically abut waters described in subparagraph (A); and ``(II) lack a continuous surface water connection to navigable waters; ``(ii) man-made or natural structures or channels-- ``(I) through which water flows intermittently or ephemerally; or ``(II) that periodically provide drainage for rainfall; or ``(iii) wetlands without a continuous surface connection to bodies of water that are waters of the United States. ``(C) EPA and corps activities.--An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. ``(D) Aggregation; wetlands.-- ``(i) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of subparagraph (B) shall not be used to determine or assert Federal jurisdiction. ``(ii) Wetlands.--Wetlands described in subparagraph (B)(iii) shall not be considered to be under Federal jurisdiction. ``(E) Judicial review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. ``(F) Treatment of ground water.--Ground water shall-- ``(i) be considered to be State water; and ``(ii) not be considered in determining or asserting Federal jurisdiction over isolated or other waters, including intermittent or ephemeral water bodies. ``(G) Prohibition on use of nexus test.-- Notwithstanding any other provision of law, the Administrator may not use a significant nexus test (as used by EPA in the proposed document listed in section 3(a)(1)) to determine Federal jurisdiction over navigable waters and waters of the United States.''. (b) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). SEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE. (a) In General.--The following regulations and guidance shall have no force or effect: (1) The final rule of the Corps of Engineers entitled ``Final Rule for Regulatory Programs of the Corps of Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)). (2) The proposed rule of the Environmental Protection Agency entitled ``Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of `Waters of the United States''' (68 Fed. Reg. 1991 (January 15, 2003)). (3) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' (December 2, 2008) (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). (4) Any subsequent regulation of or guidance issued by any Federal agency that defines or interprets the term ``navigable waters'' or ``waters of the United States''. (b) Prohibition.--The Secretary of the Army, acting through the Chief of Engineers, and the Administrator of the Environmental Protection Agency shall not promulgate any rules or issue any guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. SEC. 4. STATE REGULATION OF WATER. Nothing in this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. SEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES. Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1318) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Entry by federal agency.--A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property-- ``(A) has consented to the entry in writing; ``(B) is notified regarding the date of the entry; and ``(C) is given access to any data collected from the entry. ``(2) Access.--If a landowner consents to entry under paragraph (1), the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out.''. SEC. 6. COMPENSATION FOR REGULATORY TAKING. (a) In General.--If a Federal regulation relating to the definition of navigable waters or waters of the United States diminishes the fair market value or economic viability of a property, as determined by an independent appraiser, the Federal agency issuing the regulation shall pay the affected property owner an amount equal to twice the value of the loss. (b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the agency. (c) Applicability.--A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section.", "summary": "Defense of Environment and Property Act of 2015 This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to specify the types of water bodies that are "navigable waters" and therefore fall under the scope of the Act. Groundwater is considered to be state water. Activities carried out by the Environmental Protection Agency (EPA) or the U.S. Army Corps of Engineers may not impinge upon states' power over land and water use. States or individual property owners may obtain judicial review of jurisdictional determinations by the EPA or the Army Corps that would affect their ability to plan the development and use of land and water resources within 30 days after a determination. The EPA may not use a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States. The following rules are nullified: (1) the Army Corps' rule entitled "Final Rule for Regulatory Programs of the Corps of Engineers," (2) the EPA's proposed rule entitled "Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of 'Waters of the United States,'" (3) the guidance document entitled "Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States" (relating to the definition of waters under the jurisdiction of the Clean Water Act), and (4) any subsequent regulation or guidance issued by federal agencies that defines or interprets the term "navigable waters." The Army Corps and the EPA may not promulgate rules or issue guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. Federal agencies must obtain the consent of private property owners prior to entering their land to collect information about navigable waters. Federal agencies that issue regulations that relate to the definition of navigable waters or waters of the United States and diminish the fair market value or economic viability of a property must pay the affected property owner an amount equal to twice the value of the loss. Until the landowners have been compensated, such a regulation will have no force or effect."}
{"article": "SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Grow Research Opportunities With Taxcredits' Help Act'' or ``GROWTH Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EXTENSION OF RESEARCH CREDIT; INCREASE IN ALTERNATIVE SIMPLIFIED RESEARCH CREDIT. (a) Extension of Credit.-- (1) In general.--Subparagraph (B) of section 41(h)(1) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2010''. (2) Conforming amendment.--Subparagraph (D) of section 45C(b)(1) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2010''. (3) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after December 31, 2009. (b) Alternative Simplified Research Credit Increased.-- (1) Increased credit.--Paragraph (5) of section 41(c) (relating to election of alternative simplified credit) is amended-- (A) by striking ``14 percent (12 percent in the case of taxable years ending before January 1, 2009)'' in subparagraph (A) and inserting ``20 percent'', and (B) by striking ``6 percent'' in subparagraph (B)(ii) and inserting ``10 percent''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. MODIFICATION OF RESEARCH CREDIT AFTER 2010. (a) Simplified Credit for Qualified Research Expenses.--Subsection (a) of section 41 is amended to read as follows: ``(a) General Rule.-- ``(1) Credit determined.--For purposes of section 38, the research credit determined under this section for the taxable year shall be an amount equal to 20 percent of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined. ``(2) Special rule in case of no qualified research expenses in any of 3 preceding taxable years.-- ``(A) Taxpayers to which paragraph applies.--The credit under this section shall be determined under this paragraph if the taxpayer has no qualified research expenses in any one of the 3 taxable years preceding the taxable year for which the credit is being determined. ``(B) Credit rate.--The credit determined under this paragraph shall be equal to 10 percent of the qualified research expenses for the taxable year.''. (b) Conforming Amendments.-- (1) Termination of base amount calculation.--Section 41 is amended by striking subsection (c) and redesignating subsection (d) as subsection (c). (2) Termination of basic research payment calculation.-- Section 41 is amended by striking subsection (e) and redesignating subsections (f) and (g) as subsections (d) and (e), respectively. (3) Special rules.-- (A) Paragraph (1)(A)(ii) of subsection (d) of section 41, as so redesignated, is amended by striking ``shares of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums,'' and inserting ``share of the qualified research expenses''. (B) Paragraph (1)(B)(ii) of section 41(d), as so redesignated, is amended by striking ``shares of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums,'' and inserting ``share of the qualified research expenses''. (C) Paragraph (3) of section 41(d), as so redesignated, is amended-- (i) by striking ``, and the gross receipts of the taxpayer'' and all that follows in subparagraph (A) and inserting a period, (ii) by striking ``, and the gross receipts of the taxpayer'' and all that follows in subparagraph (B) and inserting a period, and (iii) by striking subparagraph (C). (D) Paragraph (4) of section 41(d), as so redesignated, is amended by striking ``and gross receipts''. (E) Subsection (d) of section 41, as so redesignated, is amended by striking paragraph (6). (4) Permanent extension.-- (A) Section 41 is amended by striking subsection (h). (B) Paragraph (1) of section 45C(b) is amended by striking subparagraph (D). (5) Cross-references.-- (A) Paragraphs (2)(A) and (4) of section 41(b) are each amended by striking ``subsection (f)(1)'' and inserting ``subsection (d)(1)''. (B) Paragraph (2) of section 45C(c) is amended by striking ``base period research expenses'' and inserting ``average qualified research expenses''. (C) Paragraph (3) of section 45C(d) is amended by striking ``section 41(f)'' and inserting ``section 41(d)''. (D) Paragraph (2) of section 45G(e) is amended by striking ``section 41(f)'' and inserting ``section 41(d)''. (E) Subsection (g) of section 45O is amended by striking ``section 41(f)'' and inserting ``section 41(d)''. (F) Subparagraph (A) of section 54(l)(3) is amended by striking ``section 41(g)'' and inserting ``section 41(e)''. (G) Clause (i) of section 170(e)(4)(B) is amended to read as follows: ``(i) the contribution is to a qualified organization,''. (H) Paragraph (4) of section 170(e) is amended by adding at the end the following new subparagraph: ``(E) Qualified organization.--For purposes of this paragraph, the term `qualified organization' means-- ``(i) any educational organization which-- ``(I) is an institution of higher education (within the meaning of section 3304(f)), and ``(II) is described in subsection (b)(1)(A)(ii), or ``(ii) any organization not described in clause (i) which-- ``(I) is described in section 501(c)(3) and is exempt from tax under section 501(a), ``(II) is organized and operated primarily to conduct scientific research, and ``(III) is not a private foundation.''. (I) Subsection (f) of section 197 is amended by striking ``section 41(f)(1)'' each place it appears in paragraphs (1)(C) and (9)(C)(i) and inserting ``section 41(d)(1)''. (J) Section 280C is amended-- (i) by striking ``41(f)'' each place it appears in subsection (b)(3) and inserting ``41(d)'', (ii) by striking ``or basic research expenses (as defined in section 41(e)(2))'' in subsection (c)(1), (iii) by striking ``section 41(a)(1)'' in subsection (c)(2)(A) and inserting ``section 41(a)'', and (iv) by striking ``or basic research expenses'' in subsection (c)(2)(B). (K) Subclause (IV)(c) of section 936(h)(5)(C)(i) is amended by striking ``section 41(f)'' and inserting ``section 41(d)''. (L) Subparagraph (D) of section 936(j)(5) is amended by striking ``section 41(f)(3)'' and inserting ``section 41(d)(3)''. (M) Clause (i) of section 965(c)(2)(C) is amended by striking ``section 41(f)(3)'' and inserting ``section 41(d)(3)''. (N) Clause (i) of section 1400N(l)(7)(B) is amended by striking ``section 41(g)'' and inserting ``section 41(e)''. (c) Technical Corrections.--Section 409 is amended-- (1) by inserting ``, as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in subsection (b)(1)(A), (2) by inserting ``, as in effect before the enactment of the Tax Reform Act of 1984'' after ``relating to the employee stock ownership credit'' in subsection (b)(4), (3) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in subsection (i)(1)(A), (4) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in subsection (m), (5) by inserting ``(as so in effect)'' after ``section 48(n)(1)'' in subsection (m), (6) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 48(n)'' in subsection (q)(1), and (7) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41'' in subsection (q)(3). (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2010. (2) Technical corrections.--The amendments made by subsection (c) shall take effect on the date of the enactment of this Act.", "summary": "Grow Research Opportunities With Taxcredits' Help Act or GROWTH Act - Amends the Internal Revenue Code to: (1) extend the tax credit for increasing research activities through 2010; (2) modify the rate of such credit and make such modified credit permanent after 2010; and (3) increase to 20% the rate of the alternative simplified research tax credit after 2010."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Privacy Protection Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Individuals and their families have been harassed and endangered by being persistently followed or chased in a manner that puts them in reasonable fear of bodily injury, and in danger of serious bodily injury or even death, by photographers, videographers, and audio recorders attempting to capture images or other reproductions of their private lives for commercial purposes. (2) The legitimate privacy interests of individuals and their families have been violated by photographers, videographers, and audio recorders who physically trespass in order to capture images or other reproductions of their private lives for commercial purposes, or who do so constructively through intrusive modern visual or auditory enhancement devices, such as powerful telephoto lenses and hyperbolic microphones that enable invasion of private areas that would otherwise be impossible without trespassing. (3) Such harassment and trespass threatens not only professional public persons and their families, but also private persons and their families for whom personal tragedies or circumstances beyond their control create media interest. (4) Federal legislation is necessary to protect individuals and their families from persistent following or chasing for commercial purposes that causes reasonable fear of bodily injury, because such harassment is not directly regulated by applicable Federal, State, and local statutory or common laws, because those laws provide an uneven patchwork of coverage, and because those laws may not cover such activities when undertaken for commercial purposes. (5) Federal legislation is necessary to prohibit and provide proper redress in Federal courts for trespass and constructive trespass using intrusive visual or auditory enhancement devices for commercial purposes, because technological advances such as telephoto lenses and hyperbolic microphones render inadequate existing common law and State and local regulation of such trespass and invasion of privacy. (6) There is no right, under the first amendment to the Constitution of the United States, to persistently follow or chase another in a manner that creates a reasonable fear of bodily injury, to trespass, or to constructively trespass through the use of intrusive visual or auditory enhancement devices. (7) This Act, and the amendments made by this Act, do not in any way regulate, prohibit, or create liability for publication or broadcast of any image or information, but rather use narrowly tailored means to prohibit and create liability for specific dangerous and intrusive activities that the Federal Government has an important interest in preventing, and ensure a safe and secure private realm for individuals against intrusion, which the Federal Government has an important interest in ensuring. (8) This Act protects against unwarranted harassment, endangerment, invasion of privacy, and trespass in an appropriately narrowly tailored manner without abridging the exercise of any rights guaranteed under the first amendment to the Constitution of the United States, or any other provision of law. (9) Congress has the affirmative power under section 8 of article I of the Constitution of the United States to enact this Act. (10) Because this Act regulates only conduct undertaken in order to create products intended to be and routinely transmitted, bought, or sold in interstate or foreign commerce, or persons who travel in interstate or foreign commerce in order to engage in regulated conduct, the Act is limited properly to regulation of interstate or foreign commerce. (11) Photographs and other reproductions of the private activities of persons obtained through activities regulated by this Act, and the amendments made by this Act, are routinely reproduced and broadcast in interstate and international commerce. (12) Photographers, videographers, and audio recorders routinely travel in interstate commerce in order to engage in the activities regulated by this Act, and the amendments made by this Act, with the intent, expectation, and routine result of gaining material that is bought and sold in interstate commerce. (13) The activities regulated by this Act, and the amendments made by this Act, occur routinely in the channels of interstate commerce, such as the persistent following or chasing of subjects in an inappropriate manner on public streets and thoroughfares or in airports, and the use of public streets and thoroughfares, interstate and international airports, and travel in interstate and international waters in order to physically or constructively trespass for commercial purposes. (14) The activities regulated by this Act, and the amendments made by this Act, substantially affect interstate commerce by threatening the careers, livelihoods, and rights to publicity of professional public persons in the national and international media, and by thrusting private persons into the national and international media. (15) The activities regulated by this Act, and the amendments made by this Act, substantially affect interstate commerce by restricting the movement of persons who are targeted by such activities and their families, often forcing them to curtail travel or appearances in public spaces, or, conversely, forcing them to travel in interstate commerce in order to escape from abuses regulated by this Act, and the amendments made by this Act. (b) Purposes.--The purposes of this Act are-- (1) to protect individuals and their families against reasonable fear of bodily injury, endangerment, trespass, and intrusions on their privacy due to activities undertaken in connection with interstate and international commerce in reproduction and broadcast of their private activities; (2) to protect interstate commerce affected by such activities, including the interstate commerce of individuals who are the subject of such activities; and (3) to establish the right of private parties injured by such activities, as well as the Attorney General of the United States and State attorneys general in appropriate cases, to bring actions for appropriate relief. SEC. 3. CRIMINAL OFFENSE. (a) In General.--Chapter 89 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1822. Harassment for commercial purposes ``(a) Definitions.--In this section: ``(1) For commercial purposes.-- ``(A) In general.--The term `for commercial purposes' means with the expectation of sale, financial gain, or other consideration. ``(B) Rule of construction.--For purposes of this section, a visual image, sound recording, or other physical impression shall not be found to have been, or intended to have been, captured for commercial purposes unless it was intended to be, or was in fact, sold, published, or transmitted in interstate or foreign commerce, or unless the person attempting to capture such image, recording, or impression moved in interstate or foreign commerce in order to capture such image, recording, or impression. ``(2) Harasses.--The term `harasses' means persistently physically follows or chases a person in a manner that causes the person to have a reasonable fear of bodily injury, in order to capture by a visual or auditory recording instrument any type of visual image, sound recording, or other physical impression of the person for commercial purposes. ``(b) Prohibition and Penalties.--Whoever harasses any person within the United States or the special maritime and territorial jurisdiction of the United States-- ``(1) if death is proximately caused by such harassment, shall be imprisoned not less than 20 years and fined under this title; ``(2) if serious bodily injury is proximately caused by such harassment, shall be imprisoned not less than 5 years and fined under this title; and ``(3) if neither death nor serious bodily injury is proximately caused by such harassment, shall be imprisoned not more than 1 year, fined under this title, or both. ``(c) Cause of Action.--Any person who is legally present in the United States and who is subjected to a violation of this section may, in a civil action against the person engaging in the violation, obtain any appropriate relief, including compensatory damages, punitive damages, and injunctive and declaratory relief. In any civil action or proceeding to enforce a provision of this section, the court shall allow the prevailing party reasonable attorney's fees as part of the costs. In awarding attorney's fees, the court shall include expert fees as part of the attorney's fees. ``(d) Limitation on Defenses.--It is not a defense to a prosecution or civil action under this section that-- ``(1) no image or recording was captured; or ``(2) no image or recording was sold. ``(e) Use of Images.--Nothing in this section may be construed to make the sale, transmission, publication, broadcast, or use of any image or recording of the type or under the circumstances described in this section in any otherwise lawful manner by any person subject to criminal charge or civil liability. ``(f) Limitation.--Only a person physically present at the time of, and engaging or assisting another in engaging in, a violation of this section is subject to criminal charge or civil liability under this section. A person shall not be subject to such charge or liability by reason of the conduct of an agent, employee, or contractor of that person or because images or recordings captured in violation of this section were solicited, bought, used, or sold by that person. ``(g) Law Enforcement Exemption.--The prohibitions of this section do not apply with respect to official law enforcement activities. ``(h) Savings.--Nothing in this section shall be taken to preempt any right or remedy otherwise available under Federal, State or local law.''. (b) Technical Amendment.--The analysis for chapter 89 of title 18, United States Code, is amended by adding at the end the following: ``1822. Harassment for commercial purposes.''. SEC. 4. PERSONAL INTRUSION FOR COMMERCIAL PURPOSES. (a) Definition of For Commercial Purposes.-- (1) In general.--In this section, the term `for commercial purposes' means with the expectation of sale, financial gain, or other consideration. (2) Rule of construction.--For purposes of this section, a visual image, sound recording, or other physical impression shall not be found to have been, or intended to have been, captured for commercial purposes unless it was intended to be, or was in fact, sold, published, or transmitted in interstate or foreign commerce, or unless the person attempting to capture such image, recording, or impression moved in interstate or foreign commerce in order to capture such image, recording, or impression. (b) Trespass for Commercial Purposes and Invasion of Legitimate Interest in Privacy for Commercial Purposes.-- (1) Trespass for commercial purposes.--It shall be unlawful to trespass on private property in order to capture any type of visual image, sound recording, or other physical impression of any person for commercial purposes. (2) Invasion of legitimate interest in privacy for commercial purposes.--It shall be unlawful to capture any type of visual image, sound recording, or other physical impression for commercial purposes of a personal or familial activity through the use of a visual or auditory enhancement device, even if no physical trespass has occurred, if-- (A) the subject of the image, sound recording, or other physical impression has a reasonable expectation of privacy with respect to the personal or familial activity captured; and (B) the image, sound recording, or other physical impression could not have been captured without a trespass if not produced by the use of the enhancement device. (c) Cause of Action.--Any person who is legally present in the United States who is subjected to a violation of this section may, in a civil action against the person engaging in the violation, obtain any appropriate relief, including compensatory damages, punitive damages and injunctive and declaratory relief. A person obtaining relief may be either or both the owner of the property or the person whose visual or auditory impression has been captured. In any civil action or proceeding to enforce a provision of this section, the court shall allow the prevailing party reasonable attorney's fees as part of the costs. In awarding attorney's fees, the court shall include expert fees as part of the attorney's fees. (d) Limitation on Defenses.--It is not a defense to an action under this section that-- (1) no image or recording was captured; or (2) no image or recording was sold. (e) Use of Images.--Nothing in this section may be construed to make the sale, transmission, publication, broadcast, or use of any image or recording of the type or under the circumstances described herein in any otherwise lawful manner by any person subject to criminal charge or civil liability. (f) Limitation.--Only a person physically present at the time of, and engaging or assisting another in engaging in, a violation of this section is subject to civil liability under this section. A person shall not be subject to such liability by reason of the conduct of an agent, employee, or contractor of that person, or because images or recordings captured in violation of this section were solicited, bought, used, or sold by that person. (g) Law Enforcement Exemption.--The prohibitions of this section do not apply with respect to official law enforcement activities. (h) Savings.--Nothing in this section shall be taken to preempt any right or remedy otherwise available under Federal, State, or local law. SEC. 5. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.", "summary": "Personal Privacy Protection Act - Amends the Federal criminal code to prohibit and set penalties for harassing any person within the United States or the U.S. special maritime and territorial jurisdiction. Defines \"harass\" to mean persistently physically following or chasing a person in a manner that causes such person to have a reasonable fear of bodily injury, in order to capture by a visual or auditory recording instrument any type of visual image, sound recording, or other physical impression of the person for commercial purposes. Prohibits: (1) trespassing on private property in order to capture any type of visual image, sound recording, or other physical impression of any person for commercial purposes; and (2) capturing any such image, recording, or impression of a personal or familial activity through the use of a visual or auditory enhancement device, even if no physical trespass has occurred, if the subject has a reasonable expectation of privacy with respect to the activity captured and if the image, recording, or impression could not have been captured without a trespass if not produced by the use of the enhancement device. Authorizes any person who is legally present in the United States and who is subjected to a violation of this Act to bring a civil action to obtain compensatory and punitive damages and injunctive and declaratory relief. Directs the court to allow the prevailing party reasonable attorney's fees, including expert fees. Specifies that: (1) it shall not be a defense to a prosecution or civil action that no image or recording was captured or sold; and (2) only a person physically present at the time of, and engaging or assisting another in engaging in, a violation is subject to criminal charge or civil liability under this Act. Makes this Act's prohibitions inapplicable to official law enforcement activities."}
{"article": "SECTION 1. FINDINGS. Congress finds the following: (1)(A) Private First Class Franklin Runyon Sousley was born on September 19, 1925, in Hilltop, Kentucky. Sousley served as a marine in the United States Marine Corps during the period beginning on January 5, 1944, and ending March 21, 1945. Sousley graduated from Fleming County High School in May 1943 and chose to enlist in the United States Marine Corps. Upon completion of military basic training, he was assigned to Company E, 2d Battalion, 28th Marines, of the 5th Marines Division at Camp Pendleton, California, as an automatic rifleman. (B) Private Sousley was promoted to a private first class on November 22, 1944. Pfc. Sousley landed on Iwo Jima on Friday, February 19, 1945, and actively fought in the battle for the islands. During the intense fighting, members of the United States Armed Forces secured Mount Suribachi and hoisted a United States flag on top of the summit on February 23, 1945. On February 23, 1945, Pfc. Sousley, alongside Corporal Harlon Block, HM John Bradley, Pfc. Rene Gagnon, Pfc. Ira Hayes, and Sergeant Michael Strank followed orders to raise a larger United States flag so it could be seen over the island. The iconic photograph taken of the six men, while they raised the United States flag attached to a heavy Japanese pipe has led to an immortalized symbol of American bravery, perseverance, and sacrifice endured by members of the United States Armed Forces during the intense battles of World War II. Pfc. Sousley was killed in combat by a Japanese sniper around Kitano Point on March 21, 1945. (C) Originally buried in the 5th Marine Division Cemetery at Iwo Jima in plot 9, row 8, grave 2189, on March 22, 1945, his remains were returned to the United States on May 8, 1947, where he was finally laid to rest at Elizaville Cemetery in Fleming County, Kentucky. Pfc. Sousley was posthumously awarded the Purple Heart, the Combat Action Ribbon, the Presidential Unit Citation with \\5/ 16\\\" Silver Star, the American Campaign Medal, the Asiatic-Pacific Campaign Medal with \\3/16\\\" Bronze Star, and the World War II Victory Medal. (2)(A) Mr. Troy Bowling was born on July 2, 1926, in Hamilton, Ohio and completed his life's service on June, 17, 2017, at the age of 90 years old. At age 17, Mr. Bowling began his service as a United States Marine and was a proud member of the Easy Company, 2nd Battalion, 27th Marines, 5th Division. During the United States campaign to end the war against Japan, Mr. Bowling's unit was among the first to arrive on the beachheads of Iwo Jima. (B) While attempting to secure Mt. Suribachi, his unit came under intense and concentrated fire, completely overwhelming his unit. Two projectiles struck Mr. Bowling in the chest and leg, leaving him critically wounded on the battlefield. At that moment, Mr. Bowling said he looked to the heavens and committed to serving mankind for the rest of his life if he survived. (C) Miraculously, a combat photographer and medical team then carried Mr. Bowling to the safety of a landing craft where he witnessed the planting of the American flag atop Mt. Suribachi--an iconic image that persists as one of the most legendary and triumphant moments of the war. The United States Marines eventually took control of the island; however, this victory came at a heavy cost as more than 6,800 United States service members gave their lives during the battle of Iwo Jima. (D) In keeping faith with his commitment to God made during that battle, Mr. Bowling devoted more than 78,000 hours of volunteer service to others at the Lexington VA Medical Center. For more than 66 years, Mr. Bowling has risen through the ranks within the Disabled American Veterans (DAV) organization, holding nearly every position possible, including State Commander. Mr. Bowling received the George H. Seal Award for outstanding volunteer, which he received at the 2005 National DAV Convention in Las Vegas and the Lifetime Service Achievement Award from the Department of Veteran Affairs. Mr. Bowling was also nominated and selected to be inducted in the Kentucky Veterans Hall of Fame for his lifetime of service to veterans. SEC. 2. LEXINGTON VA HEALTH CARE SYSTEM. (a) Designation.--The health care system of the Department of Veterans Affairs in Lexington, Kentucky, shall after the date of the enactment of this Act be known and designated as the ``Lexington VA Health Care System''. (b) References.--Any reference in any law, regulation, map, document, paper, or other record of the United States to the health care system referred to in subsection (a) shall be deemed to be a reference to the ``Lexington VA Health Care System''. SEC. 3. TROY BOWLING CAMPUS. (a) Designation.--The health care facility of the Department of Veterans Affairs located at 1101 Veterans Drive in Lexington, Kentucky, shall after the date of the enactment of this Act be known and designated as the ``Troy Bowling Campus''. (b) References.--Any reference in any law, regulation, map, document, paper, or other record of the United States to the health care facility referred to in subsection (a) shall be deemed to be a reference to the ``Troy Bowling Campus''. SEC. 4. FRANKLIN R. SOUSLEY CAMPUS. (a) Designation.--The health care facility of the Department of Veterans Affairs located at 2250 Leestown Road in Lexington, Kentucky, shall after the date of the enactment of this Act be known and designated as the ``Franklin R. Sousley Campus''. (b) References.--Any reference in any law, regulation, map, document, paper, or other record of the United States to the health care facility referred to in subsection (a) shall be deemed to be a reference to the ``Franklin R. Sousley Campus''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(Sec. 2) This bill designates the Department of Veterans Affairs: (1) health care system in Lexington, Kentucky, as the "Lexington VA Health Care System," (2) health care facility at 1101 Veterans Drive, Lexington, Kentucky, as the "Troy Bowling Campus," and (3) health care facility at 2250 Leestown Road, Lexington, Kentucky, as the "Franklin R. Sousley Campus.""}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Income Community Development Tax Credit Act of 1995''. SEC. 2. CREDIT FOR NONRESIDENTIAL BUILDINGS CONSTRUCTED OR RENOVATED IN DISTRESSED AREAS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45C. CREDIT FOR NONRESIDENTIAL BUILDINGS IN DISTRESSED AREAS. ``(a) In General.--For purposes of section 38, the amount of the distressed area building credit determined under this section for any taxable year in the credit period shall be an amount equal to-- ``(1) the applicable percentage of ``(2) the eligible basis of each qualified distressed area building. ``(b) Applicable Percentage: 70 Percent Present Value Credit for Certain New Buildings; 30 Percent Present Value Credit for Certain Other Buildings.--For purposes of this section-- ``(1) In general.--The term `applicable percentage' means the appropriate percentage prescribed by the Secretary for the earlier of-- ``(A) the month in which such building is placed in service, or ``(B) at the election of the taxpayer-- ``(i) the month in which the taxpayer and the credit allocating agency enter into an agreement with respect to such building (which is binding on such agency, the taxpayer, and all successors in interest) as to the building credit dollar amount to be allocated to such building, or ``(ii) in the case of any building to which the rules of section 42(h)(4)(B) apply, the month in which the tax-exempt obligations are issued. A month may be elected under clause (ii) only if the election is made not later than the 5th day after the close of such month. Such an election, once made, shall be irrevocable. ``(2) Method of prescribing percentages.-- ``(A) In general.--The percentages prescribed by the Secretary for any month shall be percentages which will yield over a 10-year period amounts of credit under subsection (a) which have a present value equal to-- ``(i) 70 percent of the eligible basis of a new building, and ``(ii) 30 percent of the eligible basis of an existing building. ``(B) Increased credit for buildings in more distressed areas.--In the case of buildings located in a census tract which would be a distressed area if `50 percent' were substituted for `80 percent' in subsection (c)(2), subparagraph (A) shall be applied by substituting `75 percent' for `70 percent' and `35 percent' for `30 percent'. ``(c) Qualified Distressed Area Building; Distressed Area.--For purposes of this section-- ``(1) Qualified distressed area building.--The term `qualified distressed area building' means any building (other than residential rental property) which, when placed in service, is located in a distressed area. ``(2) Distressed area.--The term `distressed area' means any census tract in which, for the most recent year for which census data are available on household income in such tract, 70 percent or more of the households have an income which is 80 percent or less of the area median gross income (within the meaning of section 142(d)) for such year. ``(d) Eligible basis.--For purposes of this section, the eligible basis of any building shall be determined under the rules of paragraphs (1) and (2) of section 42(d). ``(e) Rehabilitation expenditures treated as separate new building.-- ``(1) In general.--Rehabilitation expenditures paid or incurred by the taxpayer with respect to any building shall be treated for purposes of this section as a separate new building. ``(2) Rehabilitation expenditures.--For purposes of paragraph (1)-- ``(A) In general.--The term `rehabilitation expenditures' means amounts chargeable to capital account and incurred for property (or additions or improvements to property) of a character subject to the allowance for depreciation in connection with the rehabilitation of a building. ``(B) Cost of acquisition, etc., not included.-- Such term does not include the cost of acquiring any building (or interest therein). ``(3) Minimum expenditures to qualify.-- ``(A) In general.--Paragraph (1) shall apply to rehabilitation expenditures with respect to any building only if the amount of such expenditures during any 24-month period is not less than 10 percent of the adjusted basis of the building (determined as of the 1st day of such period and without regard to paragraphs (2) and (3) of section 1016(a)). ``(B) Date of determination.--The determination under subparagraph (A) shall be made as of the close of the 1st taxable year in the credit period with respect to such expenditures. ``(4) Special rules.--Rules similar to the rules of paragraph (4)(A) and (5) of section 42(e) shall apply for purposes of this subsection. ``(f) Definition and Special Rules Relating to Credit Period.-- ``(1) Credit period defined.--For purposes of this section, the term `credit period' means, with respect to any building, the period of 10 taxable years beginning with-- ``(A) the taxable year in which the building is placed in service, or ``(B) at the election of the taxpayer, the succeeding taxable year, but only if the building is a qualified distressed area building as of the close of the 1st year of such period. The election under subparagraph (B), once made, shall be irrevocable. ``(2) Special rules.--Rules similar to the rules of paragraphs (3), (4), and (5) of section 42(f) shall apply for purposes of this subsection. ``(g) Limitation on Aggregate Credit Allowable With Respect To Buildings Located in a State.-- ``(1) Credit may not exceed credit amount allocated to building.-- ``(A) In general.--The amount of the credit determined under this section for any taxable year with respect to any building shall not exceed the distressed area building credit dollar amount allocated to such building under this subsection. ``(B) Time for making allocation.--Rules similar to the rules of subparagraphs (B) through (F) of section 42(h)(1) shall apply for purposes of this paragraph. ``(2) Allocated credit amount to apply to all taxable years ending during or after credit allocation year.--Any distressed area building credit dollar amount allocated to any building for any calendar year-- ``(A) shall apply to such building for all taxable years in the credit period ending during or after such calendar year, and ``(B) shall reduce the aggregate distressed area building credit dollar amount of the credit allocating agency only for such calendar year. ``(3) Distress area building credit dollar amount for agencies.-- ``(A) In general.--The aggregate distressed area building credit dollar amount which a credit agency may allocate for any calendar year is the portion of the State distressed area building credit ceiling allocated under this paragraph for such calendar year to such agency. ``(B) State ceiling initially allocated to State housing credit agencies.--The State distressed area building credit ceiling for each calendar year shall be allocated to the housing credit agency of such State. If there is more than 1 housing credit agency of a State, all such agencies shall be treated as a single agency. ``(C) State distressed area building credit ceiling.--The State distressed area building credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of-- ``(i) $1.25 multiplied by the State population, ``(ii) the unused State distressed area building credit ceiling (if any) of such State for the preceding calendar year, ``(iii) the amount of State distressed area building credit ceiling returned in the calendar year, plus ``(iv) the amount (if any) allocated under subparagraph (D) to such State by the Secretary. For purposes of clause (ii), the unused State distressed area building credit ceiling for any calendar year is the excess (if any) of the sum of the amounts described in clauses (i) and (iii) over the aggregate distressed area building credit dollar amount allocated for such year. ``(D) Unused credit carryovers allocated among certain states.--Rules similar to the rules of section 42(h)(2)(D) shall apply for purposes of this paragraph. ``(4) Other rules to apply.--Rules similar to the rules of subparagraphs (E), (F), and (G) of section 42(h)(2), and paragraphs (4), (5), and (7) of section 42(h), shall apply for purposes of this subsection. ``(5) Definitions.--For purposes of this subsection-- ``(A) Credit allocating agency.--The term `credit allocating agency' means any agency authorized to carry out this subsection. ``(B) Possessions treated as states.--The term `State' includes a possession of the United States. ``(h) Definitions and special rules.--For purposes of this section -- ``(1) New building.--The term `new building' means a building the original use of which begins with the taxpayer. ``(2) Existing building.--The term `existing building' means any building which is not a new building. ``(3) Application to estates and trusts.--In the case of an estate or trust, the amount of the credit determined under subsection (a) shall be apportioned between the estate or trust and the beneficiaries on the basis of the income of the estate or trust allocable to each. ``(i) Application of At-Risk Rules.--Rules similar to the rules of section 42(j) shall apply for purposes of this section. ``(j) Certifications and Other Reports to Secretary.-- ``(1) Certification with respect to 1st year of credit period.--Following the close of the 1st taxable year in the credit period with respect to any qualified distressed area building, the taxpayer shall certify to the Secretary (at such time and in such form and in such manner as the Secretary prescribes)-- ``(A) the taxable year, and calendar year, in which such building was placed in service, ``(B) the adjusted basis and eligible basis of such building as of the close of the 1st year of the credit period, ``(C) the maximum applicable percentage and eligible basis permitted to be taken into account by the appropriate credit allocating agency, and ``(D) such other information as the Secretary may require. In the case of a failure to make the certification required by the preceding sentence on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, no credit shall be allowable by reason of subsection (a) with respect to such building for any taxable year ending before such certification is made. ``(2) Reports to the secretary.--The Secretary may require taxpayers and credit allocating agencies to submit such reports as the Secretary determines necessary or appropriate to carry out the purposes of this section. ``(k) Credit Allocated to Building Not to Exceed Amount Necessary To Assure Project Feasibility.-- ``(1) In general.--The distressed area building credit dollar amount allocated to a building shall not exceed the amount the credit allocating agency determines is necessary for the financial feasibility of the building throughout the credit period. ``(2) Agency evaluation.--In making the determination under paragraph (1), the credit allocating agency shall consider-- ``(A) the sources and uses of funds and the total financing planned for the building, ``(B) any proceeds or receipts expected to be generated by reason of tax benefits, and ``(C) the percentage of the distressed area building credit dollar amount used for building costs other than the cost of intermediaries. Subparagraph (C) shall not be applied so as to impede the development of buildings in hard-to-develop areas. Such a determination shall not be construed to be a representation or warranty as to the feasibility or viability of the building. ``(3) Determination made when credit amount applied for and when building placed in service.-- ``(A) In general.--A determination under paragraph (1) shall be made as of each of the following times: ``(i) The application for the distressed area building credit dollar amount. ``(ii) The allocation of the distressed area building credit dollar amount. ``(iii) The date the building is placed in service. ``(B) Certification as to amount of other subsidies.--Prior to each determination under subparagraph (A), the taxpayer shall certify to the credit allocating agency the full extent of all Federal, State, and local subsidies which apply (or which the taxpayer expects to apply) with respect to the building. ``(l) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Credit To Be Part of General Business Credit.-- (1) Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(12) the distressed area building credit determined under section 45C(a).'' (2) Subsection (d) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(7) Distressed area building credit.--No portion of the unused business credit which is attributable to the credit determined under section 45C (relating to distressed area building credit) may be carried to any taxable year ending before January 1, 1996.'' (3) Subsection (c) of section 196 of such Code (relating to deduction for certain unused business credits) is amended by striking ``and'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``, and'', and by adding at the end the following new paragraph: ``(8) the distressed area building credit determined under section 45C(a).'' (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45C. Credit for nonresidential buildings in distressed areas.'' (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 1995.", "summary": "Low Income Community Development Tax Credit Act of 1995 - Amends the Internal Revenue Code to allow, as part of the general business credit, a tax credit (equal to a percentage of its basis) for placing a nonresidential building in service in a distressed area, with a greater credit allowed for a new building than an existing building. Provides for calculation of the basis of such buildings according to the rules governing the low-income housing credit. Defines a distressed area as one in which at least 70 percent of the households have an income that is no more than 80 percent of the area median gross income. Increases the credit with respect to buildings in areas in which income is lower. Treats rehabilitation expenditures, provided they are above a certain threshold, as a separate new building. Imposes an annual State distressed area building credit ceiling."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Intelligence Surveillance Oversight and Resource Enhancement Act of 2006''. TITLE I--ENHANCEMENT OF RESOURCES AND PERSONNEL FOR ELECTRONIC SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES SEC. 101. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS. (a) Authority for Additional Judges.--Section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) in paragraph (1), as so designated, by inserting ``at least'' before ``seven of the United States judicial circuits''; (3) by designating the second sentence as paragraph (4) and indenting such paragraph, as so designated, accordingly; and (4) by inserting after paragraph (1), as so designated, the following new paragraph: ``(2) In addition to the judges designated under paragraph (1), the Chief Justice of the United States may designate as judges of the court established by paragraph (1) such judges appointed under Article III of the Constitution of the United States as the Chief Justice determines appropriate in order to provide for the prompt and timely consideration under section 105 of applications under section 104 for electronic surveillance under this title. Any judge designated under this paragraph shall be designated publicly.''. (b) Consideration of Emergency Applications.--Such section is further amended by inserting after paragraph (2), as added by subsection (a) of this section, the following new paragraph: ``(3) A judge of the court established by paragraph (1) shall make a determination to approve, deny, or seek modification of an application submitted under section subsection (f) or (g) of section 105 not later than 24 hours after the receipt of such application by the court.''. SEC. 102. ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF APPLICATIONS FOR ORDERS APPROVING ELECTRONIC SURVEILLANCE. (a) Office of Intelligence Policy and Review.-- (1) Additional personnel.--The Office of Intelligence Policy and Review of the Department of Justice is authorized such additional personnel, including not fewer than 21 full- time attorneys, as may be necessary to carry out the prompt and timely preparation, modification, and review of applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for orders under section 105 of that Act (50 U.S.C. 1805) approving electronic surveillance for foreign intelligence purposes. (2) Assignment.--The Attorney General shall assign personnel authorized by paragraph (1) to and among appropriate offices of the National Security Agency in order that such personnel may directly assist personnel of the Agency in preparing applications described in that paragraph. (b) Federal Bureau of Investigation.-- (1) Additional legal and other personnel.--The National Security Branch of the Federal Bureau of Investigation is authorized such additional legal and other personnel as may be necessary to carry out the prompt and timely preparation of applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 for orders under section 105 of that Act approving electronic surveillance for foreign intelligence purposes. (2) Assignment.--The Director of the Federal Bureau of Investigation shall assign personnel authorized by paragraph (1) to and among the field offices of the Federal Bureau of Investigation in order that such personnel may directly assist personnel of the Bureau in such field offices in preparing applications described in that paragraph. (c) Additional Legal and Other Personnel for National Security Agency.--The National Security Agency is authorized such additional legal and other personnel as may be necessary to carry out the prompt and timely preparation of applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 for orders under section 105 of that Act approving electronic surveillance for foreign intelligence purposes. (d) Additional Legal and Other Personnel for Foreign Intelligence Surveillance Court.--There is authorized for the Foreign Intelligence Surveillance Court such additional personnel (other than judges) as may be necessary to facilitate the prompt and timely consideration by that Court of applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 for orders under section 105 of that Act approving electronic surveillance for foreign intelligence purposes. Personnel authorized by this paragraph shall perform such duties relating to the consideration of such applications as that Court shall direct. (e) Supplement Not Supplant.--The personnel authorized by this section are in addition to any other personnel authorized by law. SEC. 103. TRAINING OF FEDERAL BUREAU OF INVESTIGATION AND NATIONAL SECURITY AGENCY PERSONNEL IN FOREIGN INTELLIGENCE SURVEILLANCE MATTERS. The Director of the Federal Bureau of Investigation and the Director of the National Security Agency shall each, in consultation with the Attorney General-- (1) develop regulations establishing procedures for conducting and seeking approval of electronic surveillance on an emergency basis, and for preparing and properly submitting and receiving applications and orders, under sections 104 and 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804 and 1805); and (2) prescribe related training for the personnel of the applicable agency. TITLE II--IMPROVEMENT OF FOREIGN INTELLIGENCE SURVEILLANCE AUTHORITY SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR ORDERS FOR EMERGENCY ELECTRONIC SURVEILLANCE. Section 105(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(f)) is amended by striking ``72 hours'' both places it appears and inserting ``168 hours''. SEC. 202. ACQUISITION OF FOREIGN-FOREIGN COMMUNICATIONS. (a) In General.--Notwithstanding any other provision of this Act or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), no court order shall be required for the acquisition through electronic surveillance of the contents of any communication between one person who is not located within the United States and another person who is not located within the United States for the purpose of collecting foreign intelligence information even if such communication passes through, or the surveillance device is located within, the United States. (b) Treatment of Intercepted Communications Involving Domestic Party.--If surveillance conducted, as described in subsection (a), inadvertently collects a communication in which at least one party is within the United States, the contents of such communications shall be handled in accordance with the minimization procedures set forth in section 101(h)(4) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(h)(4)). (c) Definitions.--In this section, the terms ``contents'', ``electronic surveillance'', and ``foreign intelligence information'' have the meaning given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). SEC. 203. INDIVIDUALIZED FISA APPLICATIONS. The contents of any wire or radio communication sent by a person who is reasonably believed to be inside the United States to a person outside the United States may not be retained or used unless a court order authorized under the Foreign Intelligence Surveillance Act is obtained. SEC. 204. ISSUES RESERVED FOR THE COURTS. Nothing in this Act shall be deemed to amend those provisions of FISA concerning any wire or radio communication sent from outside the United States to a person inside the United States. The constitutionality of such interceptions shall be determined by the courts, including the President's claim that his article II authority supersedes FISA. TITLE III--ENHANCED CONGRESSIONAL OVERSIGHT AND SUPREME COURT REVIEW OF THE TERRORIST SURVEILLANCE PROGRAM SEC. 301. CONGRESSIONAL OVERSIGHT. (a) Electronic Surveillance Under FISA.--Section 108 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) the authority under which the electronic surveillance is conducted.''; and (2) by striking subsection (b) and inserting the following: ``(b) On a semiannual basis, the Attorney General additionally shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate on electronic surveillance conducted without a court order.''. (b) Intelligence Activities.--The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended-- (1) in section 501 (50 U.S.C. 413)-- (A) by redesignating subsection (f) as subsection (g); and (B) by inserting after subsection (e) the following new subsection: ``(f) The Chair of each of the congressional intelligence committees, in consultation with the ranking member of the committee for which the person is Chair, may inform, on a bipartisan basis, all members or any individual members of such committee of a report submitted under subsection (a)(1) or subsection (b) as such Chair considers necessary.''; and (2) in section 502 (50 U.S.C. 414), by adding at the end the following new subsection: ``(d) Informing of Committee Members.--The Chair of each of the congressional intelligence committees, in consultation with the ranking member of the committee for which the person is Chair, may inform, on a bipartisan basis, all members or any individual members of such committee of a report submitted under subsection (a) as such Chair considers necessary.''. SEC. 302. SUPREME COURT REVIEW OF THE TERRORIST SURVEILLANCE PROGRAM. (a) In General.--Upon appeal by the United States or any party to the underlying proceedings, the Supreme Court of the United States shall review the final decision of any United States court of appeal concerning the legality of the Terrorist Surveillance Program. (b) Expedited Consideration.--It shall be the duty of the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a). (c) Definition.--In this section, the term ``Terrorist Surveillance Program'' means the program identified by the President of the United States on December 17, 2005, to intercept international communications into and out of the United States of persons linked to al Qaeda or related terrorist organizations. TITLE IV--OTHER MATTERS SEC. 401. DEFINITION. In this Act, the term ``Foreign Intelligence Surveillance Court'' means the court established by section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). SEC. 402. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act. SEC. 403. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date that is 30 days after the date of the enactment of this Act.", "summary": "Foreign Intelligence Surveillance Oversight and Resource Enhancement Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to: (1) authorize the appointment of additional judges to the Foreign Intelligence Surveillance Court (Court); and (2) require FISA judges to act on applications for emergency electronic surveillance within 24 hours. Authorizes the hiring of additional personnel in the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), National Security Agency (NSA), and the Court to process surveillance applications. Requires the Directors of the FBI and NSA to develop regulations for conducting and seeking approval for emergency electronic surveillance, preparing and submitting applications for such surveillance, and training personnel. Extends from 72 to 168 hours the period during which the Attorney General may authorize emergency electronic surveillance pending judicial authorization of such surveillance. Permits electronic surveillance without a court order of communications between individuals outside the United States for the purpose of collecting foreign intelligence information even if such communications pass through, or the surveillance device is located within, the United States. Requires a court order for the contents of any wire or radio communication sent by a person inside the United States to a person outside the United States. Authorizes enhanced congressional oversight of electronic surveillance activities under FISA. Requires Supreme Court review of any final decision of a U.S. court of appeals concerning the legality of the Terrorist Surveillance Program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Elgin Stafford Mental Illness Information Disclosure Act of 2012'' or ``Elgin's Law''. SEC. 2. FINDINGS. The Congress finds the following: (1) Mental illness is the leading cause of disability, as reflected in lost years of productive life, in North America, in Europe, and, increasingly, in the world. By 2020, major depressive illness will be the leading cause of disability in the world for women and children. (2) Mental illnesses strike individuals in the prime of their lives, often during adolescence and young adulthood. All ages are susceptible, but the young and the old are especially vulnerable. (3) Without treatment, the consequences of mental illness for the individual and society are staggering, including unnecessary disability, unemployment, substance abuse, homelessness, inappropriate incarceration, suicide, wasted lives, and an economic cost of more than $100 billion each year in the United States. (4) The best treatments for serious mental illnesses today are highly effective so that between 70 and 90 percent of individuals with serious mental illness have significant reduction of symptoms and improved quality of life with a combination of pharmacological and psychosocial treatments and supports. (5) Since early identification and treatment is of vital importance in treating mental illness, especially for children and young adults, the active, knowledgeable, and sympathetic involvement of parents and legal guardians is to be encouraged to the maximum extent practicable, consistent with generally accepted and established clinical practice. SEC. 3. DISCLOSURE TO PARENTS AND LEGAL GUARDIANS OF MENTAL ILLNESS TREATMENT OF CHILDREN UNDER THE AGE OF 26. (a) In General.--In the case of a covered individual (as defined in subsection (e)(1)) who is being treated for mental illness by a health care professional, subject to subsection (b), the health care professional shall disclose to a parent (if any) of the individual such information regarding the mental illness and treatment for mental illness as may be useful for the appropriate involvement of the parent with respect to the treatment. (b) Exceptions.--Subsection (a) shall not apply in such exceptional circumstances as the Secretary may provide by regulation where the involvement of the parent would be counter-productive to the treatment involved. (c) Application of HIPAA Privacy Regulations.--For purposes of applying the HIPAA privacy regulations, the disclosure of information under this section shall be treated as a permissible disclosure not requiring the consent of the covered individual involved. (d) Publication and Notice on Department Websites.--The Secretary shall post information on the requirements of this section on such websites of the Department of Health and Human Services as may be appropriate to inform the public and health care professionals. (e) Definitions.--In this section: (1) Covered individual.--The term ``covered individual'' means an individual who-- (A) is-- (i) a minor child; (ii) an uninsured adult under the age of 26; or (iii) an adult under the age of 26 who is covered as a dependent under the health benefits coverage of a parent; and (B) is being treated for mental illness by a health care professional. (2) Health benefits coverage.--The term ``health benefits coverage'' has the meaning given the term ``minimum essential coverage'' in section 5000A(f)(1) of the Internal Revenue Code of 1986. (3) HIPAA privacy regulations.--The term ``HIPAA privacy regulations'' has the meaning given the term ``HIPAA privacy regulation'' in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d-9(b)(3)). (4) Mental illness.--The term ``mental illness'' means a chronic illness such as schizophrenia, schizoaffective disorder, bipolar disorder, and major clinical depression, and such term includes other conditions contained in the Diagnostic and Statistical Manual of Mental Disorders IV published by the American Psychiatric Association (or any successor publication by such Association). (5) Parent.--The term ``parent'' includes a legal guardian. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (7) Uninsured.--An individual shall be treated as uninsured if the individual is not covered under any health benefits coverage.", "summary": "Elgin Stafford Mental Illness Information Disclosure Act of 2012 or Elgin's Law - Requires a health care professional to disclose to a parent of a covered individual being treated for a mental illness any information regarding the mental illness and treatment which may be useful for the parent's appropriate involvement with the treatment. Excludes exceptional circumstances where parental involvement would be counter-productive to treatment. Makes such a disclosure permissible under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as not requiring consent of the covered individual. Applies this Act to a minor child, an uninsured adult under age 26, or an adult under age 26 who is included as a dependent under the parent's health benefits coverage."}
{"article": "SECTION 1. CREDIT FOR INSTALLATION OF HYDROGEN FUELING STATIONS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. HYDROGEN-POWERED VEHICLE REFUELING PROPERTY CREDIT. ``(a) Credit Allowed.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the amount paid or incurred by the taxpayer during the taxable year for the qualified hydrogen-powered vehicle refueling property and the installation thereof. ``(b) Year Credit Allowed.--The credit allowed under subsection (a) shall be allowed in the taxable year in which the qualified hydrogen- powered vehicle refueling property is placed in service by the taxpayer. ``(c) Definition of Qualified Hydrogen-Powered Vehicle Refueling Property.--The term `qualified hydrogen-powered vehicle refueling property' means any property (not including a building and its structural components) if-- ``(1) such property is of a character subject to the allowance for depreciation, ``(2) the original use of such property begins with the taxpayer, and ``(3) such property is for the production, storage, or dispensing of hydrogen fuel into the fuel tank of a motor vehicle propelled by such fuel. ``(d) Application With Other Credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, 30, and 30A, over ``(2) the tentative minimum tax for the taxable year. ``(e) Basis Reduction.--For purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). ``(f) No Double Benefit.--No deduction shall be allowed under section 179A with respect to any property with respect to which a credit is allowed under subsection (a). ``(g) Carryforward Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the `unused credit year' in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. ``(2) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1). ``(h) Special Rules.--Rules similar to the rules of paragraphs (4) and (5) of section 179A(e) shall apply. ``(i) Regulations.--The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. ``(j) Termination.--This section shall not apply to any property placed in service after December 31, 2013.''. (b) Conforming Amendments.-- (1) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 30B(e).''. (2) Section 55(c)(2) of such Code is amended by inserting ``30B(d),'' after ``30(b)(3),''. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Hydrogen-powered vehicle refueling property credit.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act. SEC. 2. EXCLUSION OF EARNINGS FROM HYDROGEN FUEL SALES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 136 the following new section: ``SEC. 136A. INCOME FROM HYDROGEN FUEL SALES. ``(a) Exclusion.--Gross income shall not include income attributable to the sale of hydrogen fuel sold at retail for use in a hydrogen fuel cell vehicle. ``(b) Definition of Hydrogen Fuel Cell Vehicle.--For purposes of this section, the term `hydrogen fuel cell vehicle' means a motor vehicle (as defined in section 30(c)(2)) which is propelled by power derived from 1 or more cells which convert chemical energy directly into electricity by combining oxygen with hydrogen fuel which is stored on board the vehicle in any form and may or may not require reformation prior to use. ``(c) Termination.--This section shall not apply to income attributable to sales after December 31, 2013.''. (b) Conforming Amendment.--The table of sections for subpart B of part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 136 the following new item: ``Sec. 136A. Income from hydrogen fuel sales.''. (c) Effective Date.--The amendments made by this section shall apply to income received after December 31, 2003, in taxable years ending after such date.", "summary": "Amends the Internal Revenue Code to allow a tax credit for 50 percent of the cost of a qualified hydrogen-powered vehicle refueling property (defined as depreciable property used for the production, storage, or dispensing of hydrogen fuel into the fuel tank of a motor vehicle) and its installation. Excludes from gross income amounts attributable to the sale of hydrogen fuel sold at retail for use in a hydrogen fuel cell vehicle."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Savings Through Public- Private Partnerships Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Private sector funding and expertise can help address the energy efficiency challenges facing the United States. (2) The Federal Government spends more than $6 billion annually in energy costs. (3) Reducing Federal energy costs can help save money, create jobs, and reduce waste. (4) Energy savings performance contracts and utility energy service contracts are tools for utilizing private sector investment to upgrade Federal facilities without any up-front cost to the taxpayer. (5) Performance contracting is a way to retrofit Federal buildings using private sector investment in the absence of appropriated dollars. Retrofits seek to reduce energy use, improve infrastructure, protect national security, and cut facility operations and maintenance costs. SEC. 3. USE OF ENERGY EFFICIENCY MEASURES IN FEDERAL BUILDINGS. (a) Implementation of Identified Energy Efficiency Measures.-- Section 543(f)(4) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is amended to read as follows: ``(4) Implementation of identified energy efficiency measures.-- ``(A) In general.--Not later than 2 years after the completion of each evaluation under paragraph (3), each energy manager shall consider-- ``(i) implementing any energy-saving or conservation measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life cycle cost- effective; and ``(ii) bundling individual measures of varying paybacks together into combined projects. ``(B) Measures not implemented.--The energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide reasons for not implementing any life cycle cost-effective measures under subparagraph (A).''. (b) Annual Contracting Goal.--Section 543(f)(10)(C) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(10)(C)) is amended-- (1) by striking ``Each Federal agency'' and inserting the following: ``(i) In general.--Each Federal agency''; and (2) by adding at the end the following new clauses: ``(ii) Tracking.--Each Federal agency shall use the benchmarking systems selected or developed for the agency under paragraph (8) to track energy savings realized by the agency through the implementation of energy-saving or conservation measures pursuant to paragraph (4), and shall submit information regarding such savings to the Secretary to be published on a public Web site of the Department of Energy. ``(iii) Consideration.--Each Federal agency shall consider using energy savings performance contracts or utility energy service contracts to implement energy-saving or conservation measures pursuant to paragraph (4). ``(iv) Contracting goal.--It shall be the goal of the Federal Government, in the implementation of energy-saving or conservation measures pursuant to paragraph (4), to enter into energy savings performance contracts or utility energy service contracts equal to $1,000,000,000 in each year during the 5-year period beginning on January 1, 2014. ``(v) Report to congress.--Not later than September 30 of each year during the 5-year period referred to in clause (iv), each Federal agency shall submit to the Secretary information regarding progress made by the agency towards achieving the goal described in such clause. Not later than 60 days after each such September 30, the Secretary, acting through the Federal Energy Management Program, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the progress made by the Federal Government towards achieving such goal.''.", "summary": "Energy Savings Through Public-Private Partnerships Act of 2013 - Amends the National Energy Conservation Policy Act to direct each federal facility energy manager to consider, not later than two years after completion of a comprehensive energy evaluation of a federal agency's facilities: (1) implementing any energy-saving or conservation measure that the agency identified in the evaluation that is life cycle cost-effective, and (2) bundling individual measures of varying paybacks together into combined projects. (Under current law, the energy manager is not required to consider such actions.) Requires the energy manager, as part of the Web-based compliance certification system, to provide reasons for not implementing life cycle cost-effective measures. Requires each agency to: (1) use the benchmarking systems selected or developed for the agency under the Act to track energy savings realized by the agency through the implementation of energy-saving or conservation measures and submit information regarding such savings for publication on a website of the Department of Energy (DOE), and (2) consider using energy savings performance or utility energy service contracts to implement such measures. Establishes a goal of entering into energy savings performance contracts or utility energy service contracts equal to $1 billion in each year during the 5-year period beginning on January 1, 2014. Requires each agency to report annually to DOE, and DOE to report to Congress, on progress towards achieving such goal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fast Track to College Act of 2008''. SEC. 2. PURPOSE. The purpose of this Act is to increase high school graduation rates and the percentage of students who complete a recognized postsecondary credential by the age of 26, including among low-income students and students from other populations underrepresented in higher education. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Dual enrollment program.--The term ``dual enrollment program'' means an academic program through which a high school student is able simultaneously to earn credit toward a high school diploma and a postsecondary degree or certificate. (2) Early college high school.--The term ``early college high school'' means a high school that provides a course of study that enables a student to earn a high school diploma and either an associate's degree or one to two years of college credit toward a postsecondary degree or credential. (3) Educational service agency.--The term ``educational service agency'' means an educational service agency as defined by section 9101(17) of the Elementary and Secondary Education Act of 1965. (4) Eligible entity.--The term ``eligible entity'' means a local educational agency, which may be an educational service agency, in a collaborative partnership with an institution of higher education. Such partnership also may include other entities, such as a nonprofit organization with experience in youth development. (5) Institution of higher education.--The term ``institution of higher education'' means an institution of higher education as defined by section 102 of the Higher Education Act of 1965. (6) Local educational agency.--The term ``local educational agency'' means a local educational agency as defined by section 9101(26) of the Elementary and Secondary Education Act of 1965. (7) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Early College High Schools.--To support early college high schools under this Act, there are authorized to be appropriated $50,000,000 for fiscal year 2009 and such sums as may be necessary for each of fiscal years 2010 through 2014. (b) Other Dual Enrollment Programs.--To support other dual enrollment programs under this Act, there are authorized to be appropriated $50,000,000 for fiscal year 2009 and such sums as may be necessary for each of fiscal years 2010 through 2014. (c) Funds Reserved.--The Secretary shall reserve 3 percent of funds appropriated pursuant to subsection (b) for grants to States under section 9. SEC. 5. AUTHORIZED PROGRAM. (a) In General.--The Secretary is authorized to award six-year grants to eligible entities seeking to establish a new or support an existing early college high school or other dual enrollment program. (b) Grant Amount.--A grant under this Act shall not exceed $2,000,000. (c) Matching Requirement.-- (1) In general.--An eligible entity shall contribute matching funds toward the costs of the early college high school or other dual enrollment program to be supported under this Act, of which not less than half shall be from non-Federal sources, which funds shall represent not less than the following: (A) 20 percent of the grant amount in the first and second years of the grant. (B) 30 percent in the third and fourth years. (C) 40 percent in the fifth year. (D) 50 percent in the sixth year. (2) Determination of amount contributed.--The Secretary shall allow an eligible entity to satisfy the requirement of this subsection through in-kind contributions. (d) Supplement, Not Supplant.--An eligible entity shall use a grant received under this Act only to supplement funds that would, in the absence of such grant, be made available from non-Federal funds for support of the activities described in the eligible entity's application under section 7, and not to supplant such funds. (e) Priority.--In awarding grants under this Act, the Secretary shall give priority to applicants-- (1) that propose to establish or support an early college high school or other dual enrollment program that will serve a student population of which 40 percent or more are students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965; and (2) from States that provide assistance to early college high schools or other dual enrollment programs, such as assistance to defray the costs of higher education, such as tuition, fees, and textbooks. (f) Geographic Distribution.--The Secretary shall, to the maximum extent practicable, ensure that grantees are from a representative cross-section of urban, suburban, and rural areas. SEC. 6. USES OF FUNDS. (a) Mandatory Activities.--An eligible entity shall use grant funds received under section 7 to support the activities described in its application, including for the following: (1) Planning year.--In the case of a new early college high school or dual enrollment program, during the first year of the grant-- (A) hiring a principal and staff, as appropriate; (B) designing the curriculum and sequence of courses in collaboration with at a minimum, teachers from the local educational agency and faculty from the partner institution of higher education; (C) educating parents and the community about the school; (D) recruiting students; (E) liaison activities among partners in the eligible entity; and (F) coordinating secondary and postsecondary support services, academic calendars, and transportation. (2) Implementation period.--During the remainder of the grant period-- (A) academic and social support services, including counseling; (B) student recruitment and community education and engagement; (C) professional development, including joint professional development for secondary school and faculty from the institution of higher education; and (D) school design and planning team activities, including curriculum development. (b) Allowable Activities.--An eligible entity may also use grant funds received under this Act to otherwise support the activities described in its application, including, but not limited to-- (1) purchasing textbooks and equipment that support academic programs; (2) learning opportunities for students that complement classroom experiences, such as internships, career-based capstone projects, and opportunities provided under title IV, part A, subpart 2, and chapters 1 and 2 of the Higher Education Act of 1965; (3) transportation; (4) planning time for high school and college educators to collaborate; and (5) data collection, sharing, reporting, and evaluation. SEC. 7. APPLICATION. (a) In General.--To receive a grant under section 4(a) or (b), an eligible entity shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary determines to be appropriate. (b) Contents of Application.--At a minimum, the application described in subsection (a) shall include a description of-- (1) the early college high school's or other dual enrollment program's budget; (2) each partner in the eligible entity and its experience with early college high schools or other dual enrollment programs, key personnel from each partner and their responsibilities for the early college high school or dual enrollment program, and how the eligible entity will work with secondary and postsecondary teachers, other public and private entities, community-based organizations, businesses, and labor organizations to ensure that students will be prepared to succeed in postsecondary education and employment, which may include the development of an advisory board; (3) how the eligible entity will target and recruit at-risk youth, including those at risk of dropping out of school, first generation college students, and students from populations described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965; (4) a system of student supports including, but not limited to, small group activities, tutoring, literacy and numeracy skill development in all academic disciplines, parental outreach, extended learning time, and college readiness activities, such as early college academic seminars and counseling; (5) in the case of an early college high school, how a graduation and career plan will be developed, consistent with State graduation requirements, for each student and reviewed each semester; (6) how parents or guardians of dually enrolled students will be informed of their academic performance and progress and, subject to paragraph (5), involved in the development of their career and graduation plan; (7) coordination between the institution of higher education and the local educational agency, including regarding academic calendars, provision of student services, curriculum development, and professional development; (8) how the eligible entity will ensure that teachers in the early college high school or other dual enrollment program receive appropriate professional development and other supports, including to enable them to help English-language learners, students with disabilities, and students from diverse cultural backgrounds to succeed; (9) learning opportunities for students that complement classroom experiences, such as internships, career-based capstone projects, and opportunities provided under title IV, part A, subpart 2, and chapters 1 and 2 of the Higher Education Act of 1965; (10) a plan to ensure that postsecondary credits earned will be transferable to, at a minimum, public institutions of higher education within the State, consistent with existing statewide articulation agreement; (11) student assessments and other measurements of students achievement including benchmarks for student achievement; (12) outreach programs to provide elementary and secondary school students, especially those in middle grades, and their parents, teachers, school counselors, and principals information about and academic preparation for the early college high school or other dual enrollment program; (13) how the eligible entity will help students meet eligibility criteria for postsecondary courses; and (14) how the eligible entity will sustain the early college high school or other dual enrollment program after the grant expires. (c) Assurances.--An eligible entity's application under subsection (a) shall include assurances that-- (1) in the case of an early college high school, the majority of courses offered, including of postsecondary courses, will be offered at facilities of the institution of higher education; (2) students will not be required to pay tuition or fees for postsecondary courses; (3) postsecondary credits earned will be transcribed upon completion of the requisite coursework; and (4) faculty teaching postsecondary courses meet the normal standards for faculty established by the institution of higher education. (d) Waiver.--The Secretary may waive the requirement of subsection (c)(1) upon a showing that it is impractical to apply due to geographic considerations. SEC. 8. PEER REVIEW. (a) Peer Review of Applications.--The Secretary shall establish peer review panels to review applications submitted pursuant to section 7 to advise the Secretary regarding such applications. (b) Composition of Peer Review Panels.--The Secretary shall ensure that each peer review panel is not comprised wholly of full-time officers or employees of the Federal Government and includes, at a minimum-- (1) experts in the establishment and administration of early college high schools or other dual enrollment programs from the high school and college perspective; (2) faculty at institutions of higher education and secondary school teachers with expertise in dual enrollment; and (3) experts in the education of at-risk students. SEC. 9. GRANTS TO STATES. (a) In General.--The Secretary is authorized to award six-year grants to State agencies responsible for secondary or postsecondary education for efforts to support or establish statewide dual enrollment programs. (b) Application.--To receive a grant under this section, a State agency shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary determines to be appropriate. (c) Contents of Application.--At a minimum, the application described in subsection (b) shall include-- (1) how the State will create outreach programs to ensure that middle and high school students and their families are aware of dual enrollment programs in the State; (2) how the State will provide technical assistance to local dual enrollment programs as appropriate; (3) how the State will ensure the quality of state and local dual enrollment programs; and (4) such other information as the Secretary determines to be appropriate. (d) State Activities.--A State receiving a grant under this section shall use such funds for-- (1) planning and implementing a statewide strategy for expanding access to dual enrollment programs for students who are underrepresented in higher education; and (2) providing technical assistance to local dual enrollment programs. SEC. 10. REPORTING AND OVERSIGHT. (a) Reporting by Grantees.-- (1) In general.--The Secretary shall establish uniform guidelines for all grantees concerning information such grantees annually shall report to the Secretary to demonstrate a grantee's progress toward achieving the goals of this Act. (2) Contents of report.--At a minimum, the report described in paragraph (1) shall include, for eligible entities receiving funds under section 7, for each category of students described in section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965: (A) The number of students. (B) The percentage of students scoring advanced, proficient, basic, and below basic on the assessments described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965. (C) The performance of students on other assessments or measurements of achievement. (D) The number of secondary school credits earned. (E) The number of postsecondary credits earned. (F) Attendance rate. (G) Graduation rate. (H) Placement in postsecondary education or advanced training, in military service, and in employment. (b) Reporting by the Secretary.--The Secretary annually shall compile and analyze the information described in subsection (a) and report it to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, which report shall include identification of best practices for achieving the goals of this Act. (c) Monitoring Visits.--The Secretary's designee shall visit each grantee at least once for the purpose of helping the grantee achieve the goals of this Act and to monitor the grantee's progress toward achieving such goals. (d) National Evaluation.--Within six months of the appropriation of funds for this Act, the Secretary shall enter into a contract with an independent organization to perform an evaluation of the grants awarded under this Act. Such evaluation shall apply rigorous procedures to obtain valid and reliable data concerning participants' outcomes by social and academic characteristics and monitor the progress of students from high school to and through postsecondary education. (e) Technical Assistance.--The Secretary shall provide technical assistance to eligible entities concerning best practices in early college high schools and dual enrollment programs and shall disseminate such best practices among eligible entities and State and local educational agencies. SEC. 11. RULES OF CONSTRUCTION. (a) Employees.--Nothing in this Act shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies (including schools) or institutions of higher education under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. (b) Graduation Rate.--A student who graduates from an early college high school supported under this Act in the standard number of years for graduation described in the eligible entity's application shall be considered to have graduated on time for purposes of section 1111(b)(2)(C)(6) of the Elementary and Secondary Education Act of 1965.", "summary": "Fast Track to College Act of 2008 - Authorizes the Secretary of Education to award matching six-year grants to local educational agencies (LEAs) that partner with institutions of higher education (IHEs) to establish or support dual enrollment programs, such as early college high schools, that allow high school students to simultaneously earn credit toward a high school diploma and a postsecondary degree or certificate. Gives grant priority to applicants: (1) that propose to establish or support a dual enrollment program for a student body at least 40% of which is impoverished; and (2) from states that provide assistance to dual enrollment programs, such as assistance defraying the costs of higher education. Requires applicants to make assurances that students will not be required to pay tuition or fees for postsecondary courses, and that those courses will be taught by faculty that meet their partner IHE's normal standards. Authorizes the Secretary to award six-year grants to states to: (1) plan and implement statewide strategies to make dual enrollment programs more accessible to students who are underrepresented in postsecondary education; and (2) provide technical assistance to local dual enrollment programs. Directs the Secretary to: (1) contract for an independent evaluation of this Act's programs; and (2) provide technical assistance to LEAs and their partners, and disseminate information concerning best practices in dual enrollment programs."}
{"article": "That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the International Monetary Fund for the fiscal year ending September 30, 1998, and for other purposes, namely: MULTILATERAL ECONOMIC ASSISTANCE funds appropriated to the president loans to international monetary fund new arrangements to borrow For loans to the International Monetary Fund (Fund) under the New Arrangements to Borrow, the dollar equivalent of 2,462,000,000 Special Drawing Rights, to remain available until expended; in addition, up to the dollar equivalent of 4,250,000,000 Special Drawing Rights previously appropriated by the Act of November 30, 1983 (Public Law 98- 181), and the Act of October 23, 1962 (Public Law 87-872), for the General Arrangements to Borrow, may also be used for the New Arrangements to Borrow. united states quota For an increase in the United States quota in the International Monetary Fund, the dollar equivalent of 10,622,500,000 Special Drawing Rights, to remain available until expended. GENERAL PROVISIONS Section 101. Conditions for the Use of Quota Resources.--(a) None of the funds appropriated in this Act under the heading ``United States Quota, International Monetary Fund'' may be obligated, transferred or made available to the International Monetary Fund until 30 days after the Secretary of the Treasury certifies that the Board of Executive Directors of the Fund have agreed by resolution that stand-by agreements or other arrangements regarding the use of Fund resources shall include provisions requiring the borrower-- (1) to comply with the terms of all international trade obligations and agreements of which the borrower is a signatory; (2) to eliminate the practice or policy of government directed lending or provision of subsidies to favored industries, enterprises, parties, or institutions; and (3) to guarantee non-discriminatory treatment in debt resolution proceedings between domestic and foreign creditors, and for debtors and other concerned persons. (b) Subsequent to the certification provided in subsection (a), in conjunction with the annual submission of the President's budget, the Secretary of the Treasury shall report to the appropriate committees on the implementation and enforcement of the provisions in subsection (a). Sec. 102. Transparency and Oversight.--(a) Not later than 30 days after enactment of this Act, the Secretary of the Treasury shall certify to the appropriate committees that the Board of Executive Directors of the International Monetary Fund Board has agreed to provide timely access by the Comptroller General to information and documents relating to the Fund's operations, program and policy reviews and decisions regarding stand-by agreements and other uses of the Fund's resources. (b) The Secretary of the Treasury shall direct, and the U.S. Executive Director to the International Monetary Fund shall agree to-- (1) provide any documents or information available to the Director that are requested by the Comptroller General; (2) request from the Fund any documents or material requested by the Comptroller General; and (3) use all necessary means to ensure all possible access by the Comptroller General to the staff and operations of the Fund for the purposes of conducting financial and program audits. (c) The Secretary of the Treasury, in consultation with the Comptroller General and the U.S. Executive Director of the Fund, shall develop and implement a plan to obtain timely public access to information and documents relating to the Fund's operations, programs and policy reviews and decisions regarding stand-by agreements and other uses of the Fund's resources. (d) No later than July 1, 1998 and, not later than March 1 of each year thereafter, the Secretary of the Treasury shall submit a report to the appropriate committees on the status of timely publication of Letters of Intent and Article IV consultation documents and the availability of information referred to in (c). Sec. 103. Advisory Commission.--(a) The President shall establish an International Financial Institution Advisory Commission (hereafter ``Commission''). (b) The Commission shall include at least five former United States Secretaries of the Treasury. (c) Within 180 days, the Commission shall report to the appropriate committees on the future role and responsibilities, if any, of the International Monetary Fund and the merit, costs and related implications of consolidation of the organization, management, and activities of the International Monetary Fund, the International Bank for Reconstruction and Development and the World Trade Organization. Sec. 104. Bretton Woods Conference.--Not later than 180 days after the Commission reports to the appropriate committees, the President shall call for a conference of representatives of the governments of the member countries of the International Monetary Fund, the International Bank for Reconstruction and Development and the World Trade Organization to consider the structure, management and activities of the institutions, their possible merger and their capacity to contribute to exchange rate stability and economic growth and to respond effectively to financial crises. Sec. 105. Reports.--(a) Following the extension of a stand-by agreement or other uses of the resources by the International Monetary Fund, the Secretary of the Treasury, in consultation with the U.S. Executive Director of the Fund, shall submit a report to the appropriate committees providing the following information-- (1) the borrower's rules and regulations dealing with capitalization ratios, reserves, deposit insurance system and initiatives to improve transparency of information on the financial institutions and banks which may benefit from the use of the Fund's resources; (2) the burden shared by private sector investors and creditors, including commercial banks in the Group of Seven Nations, in the losses which have prompted the use of the Fund's resources; (3) the Fund's strategy, plan and timetable for completing the borrower's pay back of the Fund's resources including a date by which the borrower will be free from all international institutional debt obligation; and (4) the status of efforts to upgrade the borrower's national standards to meet the Basle Committee's Core Principles for Effective Banking Supervision. (b) Following the extension of a stand-by agreement or other use of the Fund's resources, the Secretary of the Treasury shall report to the appropriate committees in conjunction with the annual submission of the President's budget, an account of the direct and indirect institutional recipients of such resources: Provided, That this account shall include the institutions or banks indirectly supported by the Fund through resources made available by the borrower's Central Bank. (c) Not later than 30 days after the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress providing the information requested in paragraphs (a) and (b) for the countries of South Korea, Indonesia, Thailand and the Philippines. Sec. 106. Certifications.--(a) The Secretary of the Treasury shall certify to the appropriate committees that the following conditions have been met-- (1) No International Monetary Fund resources have resulted, directly or indirectly, in support of the Korean semiconductor, steel, automobile, or textile and apparel industries in any form; (2) Neither the Korean government, nor the Fund has guaranteed or underwritten the private loans of Korean semiconductor, steel, automobile, or textile and apparel manufacturers; and (3) Officials from the Fund and the Department of the Treasury have monitored the implementation of the Corporate Governance provisions contained in Republic of Korea's stabilization program of December 4, 1997, and all of the conditions have either been met, or the Korean government has committed itself to fulfill all of these conditions according to an explicit timetable for completion; which timetable has been provided to and approved by the Fund and the Department of the Treasury. (b) Such certifications shall be made 14 days prior to the disbursement of any Fund resources to the borrower. (c) The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund to use the voice and vote of the Executive Director to oppose disbursement of further funds if such certification is not given. (d) Such certifications shall continue to be made on an annual basis as long as Fund contributions continue to be outstanding to the borrower country. Sec. 107. Definitions.--For the purposes of this Act, ``appropriate committees'' includes the Appropriations Committee, the Committee on Foreign Relations and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Appropriations and the Committee on Banking and Financial Services in the House of Representatives. This Act may be cited as the ``1998 Supplemental Appropriations Act for the International Monetary Fund''.", "summary": "1998 Supplemental Appropriations Act for the International Monetary Fund - Makes supplemental appropriations to the International Monetary Fund (IMF) for FY 1998 for: (1) loans to the IMF under the New Arrangements to Borrow (equivalent to a specified amount of Special Drawing Rights); and (2) an increase in the U.S. IMF quota of Special Drawing Rights. Authorizes the use for the New Arrangements to Borrow of a specified amount of previously appropriated IMF Special Drawing Rights for the General Arrangements to Borrow. (Sec. 101) Prohibits funds appropriated for the U.S. IMF quota from being obligated, transferred, or made available to the IMF until 30 days after the Secretary of the Treasury certifies, to the appropriate congressional committees, that the IMF Board of Executive Directors have agreed by resolution that stand-by agreements or other arrangements regarding the use of IMF resources shall include provisions requiring a borrower to: (1) comply with the terms of all of its international trade obligations and agreements; (2) eliminate the practice of government directed lending or provision of subsidies to favored industries, enterprises, parties, or institutions; and (3) guarantee non-discriminatory treatment in debt resolution proceedings between domestic and foreign creditors, and for debtors and other concerned persons. (Sec. 102) Directs the Secretary to certify to the appropriate congressional committees that the IMF Board has agreed to provide timely access (transparency) by the Comptroller General to information and documents relating to IMF operations, program and policy reviews, and decisions regarding stand-by agreements and other uses of its resources. Requires the Secretary to direct, and the IMF U.S. Executive Director to agree, to provide access by the Comptroller General to IMF documents, information, and operations. (Sec. 103) Directs the President to establish an International Financial Institution Advisory Commission, which shall report to the appropriate congressional committees on the implications of consolidating the activities of the IMF, the International Bank for Reconstruction and Development (World Bank), and the World Trade Organization (WTO). (Sec. 104) Directs the President to call for a Bretton Woods Conference of representatives of the governments of the member countries of the IMF, the World Bank, and the WTO to consider the structure and activities of such institutions, their possible merger, and their capacity to contribute to exchange rate stability and economic growth, and to respond effectively to financial crises. (Sec. 105) Requires the Secretary of the Treasury, following extension of a stand-by agreement or other uses of resources by the IMF, to report to the appropriate congressional committees specified information about: (1) borrower's rules and regulations; (2) the burden shared by private sector investors and creditors, including commercial banks in the Group of Seven Nations, in the losses which have prompted the use of IMF resources; (3) IMF strategy, plan and timetable for completing the borrower's pay back of IMF resources; and (4) the status of efforts to upgrade the borrower's national standards to meet the Basle Committee's Core Principles for Effective Banking Supervision. (Sec. 106) Directs the Secretary, before the release of IMF funds to a borrower country, to certify to the appropriate congressional committees that certain conditions have been met, including: (1) no IMF resources have resulted, directly or indirectly, in support of the Korean semiconductor, steel, automobile, or textile and apparel industries; (2) neither the Korean Government nor the IMF has guaranteed or underwritten the private loans of such Korean industries; and (3) IMF and Department of the Treasury officials have monitored the implementation of the Corporate Governance provisions of the Republic of Korea's stabilization program of December 4, 1997, and all of the conditions have either been met, or the Korean Government has committed itself to fulfill these conditions according to an approved timetable for completion."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``The Business Checking Fairness Act of 2007''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account which is a deposit or account on which interest or dividends are paid and is not a deposit or account described in subsection (a)(2) to make up to 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order), for any purpose, to another account of the owner in the same institution. An account offered pursuant to this subsection shall be considered a transaction account for purposes of section 19 of the Federal Reserve Act unless the Board of Governors of the Federal Reserve System determines otherwise.''. SEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED. (a) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended to read as follows: ``(i) [Repealed]''. (2) Home owners' loan act.--The first sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed]''. (b) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 2-year period beginning on the date of the enactment of this Act. SEC. 4. RULES OF CONSTRUCTION. In the case of an escrow account maintained at a depository institution for the purpose of completing the settlement of a real estate transaction-- (1) the absorption, by the depository institution, of expenses incidental to providing a normal banking service with respect to such escrow account; (2) the forbearance, by the depository institution, from charging a fee for providing any such banking function; and (3) any benefit which may accrue to the holder or the beneficiary of such escrow account as a result of an action of the depository institution described in subparagraph (1) or (2) or similar in nature to such action, including any benefits which have been so determined by the appropriate Federal regulator, shall not be treated as the payment or receipt of interest for purposes of this Act and any provision of Public Law 93-100, the Federal Reserve Act, the Home Owners' Loan Act, or the Federal Deposit Insurance Act relating to the payment of interest on accounts or deposits at depository institutions. No provision of this Act shall be construed so as to require a depository institution that maintains an escrow account in connection with a real estate transaction to pay interest on such escrow account or to prohibit such institution from paying interest on such escrow account. No provision of this Act shall be construed as preempting the provisions of law of any State dealing with the payment of interest on escrow accounts maintained in connection with real estate transactions. SEC. 5. CONSUMER BANKING COSTS ASSESSMENT. (a) In General.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended-- (1) by redesignating sections 30 and 31 as sections 31 and 32, respectively; and (2) by inserting after section 29 the following new section: ``SEC. 30. SURVEY OF BANK FEES AND SERVICES. ``(a) Biennial Survey Required.--The Board of Governors of the Federal Reserve System shall obtain biennially a sample, which is representative by type and size of the institution (including small institutions) and geographic location, of the following retail banking services and products provided by insured depository institutions and insured credit unions (along with related fees and minimum balances): ``(1) Checking and other transaction accounts. ``(2) Negotiable order of withdrawal and savings accounts. ``(3) Automated teller machine transactions. ``(4) Other electronic transactions. ``(b) Minimum Survey Requirement.--The biennial survey described in subsection (a) shall meet the following minimum requirements: ``(1) Checking and other transaction accounts.--Data on checking and transaction accounts shall include, at a minimum, the following: ``(A) Monthly and annual fees and minimum balances to avoid such fees. ``(B) Minimum opening balances. ``(C) Check processing fees. ``(D) Check printing fees. ``(E) Balance inquiry fees. ``(F) Fees imposed for using a teller or other institution employee. ``(G) Stop payment order fees. ``(H) Nonsufficient fund fees. ``(I) Overdraft fees. ``(J) Fees imposed in connection with bounced-check protection and overdraft protection programs. ``(K) Deposit items returned fees. ``(L) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(2) Negotiable order of withdrawal accounts and savings accounts.--Data on negotiable order of withdrawal accounts and savings accounts shall include, at a minimum, the following: ``(A) Monthly and annual fees and minimum balances to avoid such fees. ``(B) Minimum opening balances. ``(C) Rate at which interest is paid to consumers. ``(D) Check processing fees for negotiable order of withdrawal accounts. ``(E) Fees imposed for using a teller or other institution employee. ``(F) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(3) Automated teller transactions.--Data on automated teller machine transactions shall include, at a minimum, the following: ``(A) Monthly and annual fees. ``(B) Card fees. ``(C) Fees charged to customers for withdrawals, deposits, and balance inquiries through institution- owned machines. ``(D) Fees charged to customers for withdrawals, deposits, and balance inquiries through machines owned by others. ``(E) Fees charged to noncustomers for withdrawals, deposits, and balance inquiries through institution- owned machines. ``(F) Point-of-sale transaction fees. ``(4) Other electronic transactions.--Data on other electronic transactions shall include, at a minimum, the following: ``(A) Wire transfer fees. ``(B) Fees related to payments made over the Internet or through other electronic means. ``(5) Other fees and charges.--Data on any other fees and charges that the Board of Governors of the Federal Reserve System determines to be appropriate to meet the purposes of this section. ``(6) Federal reserve board authority.--The Board of Governors of the Federal Reserve System may cease the collection of information with regard to any particular fee or charge specified in this subsection if the Board makes a determination that, on the basis of changing practices in the financial services industry, the collection of such information is no longer necessary to accomplish the purposes of this section. ``(c) Biennial Report to Congress Required.-- ``(1) Preparation.--The Board of Governors of the Federal Reserve System shall prepare a report of the results of each survey conducted pursuant to subsections (a) and (b) of this section and section 136(b)(1) of the Consumer Credit Protection Act. ``(2) Contents of the report.--In addition to the data required to be collected pursuant to subsections (a) and (b), each report prepared pursuant to paragraph (1) shall include a description of any discernible trend, in the Nation as a whole, in a representative sample of the 50 States (selected with due regard for regional differences), and in each consolidated metropolitan statistical area (as defined by the Director of the Office of Management and Budget), in the cost and availability of the retail banking services, including those described in subsections (a) and (b) (including related fees and minimum balances), that delineates differences between institutions on the basis of the type of institution and the size of the institution, between large and small institutions of the same type, and any engagement of the institution in multistate activity. ``(3) Submission to the congress.--The Board of Governors of the Federal Reserve System shall submit an biennial report to the Congress not later than June 1, 2009, and before the end of each 2-year period beginning after such date. ``(d) Definitions.--For purposes of this section, the term `insured depository institution' has the meaning given such term in section 3 of the Federal Deposit Insurance Act, and the term `insured credit union' has the meaning given such term in section 101 of the Federal Credit Union Act.''. (b) Conforming Amendment.-- (1) In general.--Paragraph (1) of section 136(b) of the Truth in Lending Act (15 U.S.C. 1646(b)(1)) is amended to read as follows: ``(1) Collection required.--The Board shall collect, on a semiannual basis, from a broad sample of financial institutions which offer credit card services, credit card price and availability information including-- ``(A) the information required to be disclosed under section 127(c); ``(B) the average total amount of finance charges paid by consumers; and ``(C) the following credit card rates and fees: ``(i) Application fees. ``(ii) Annual percentage rates for cash advances and balance transfers. ``(iii) Maximum annual percentage rate that may be charged when an account is in default. ``(iv) Fees for the use of convenience checks. ``(v) Fees for balance transfers. ``(vi) Fees for foreign currency conversions.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on January 1, 2008. (c) Repeal of Other Report Provisions.--Section 1002 of Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and section 108 of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 are hereby repealed.", "summary": "Business Checking Fairness Act of 2007 - Amends federal law to authorize interest-bearing or dividend-bearing transaction accounts for all businesses, permitting up to 24 transfers per month to another account of the owner in the same institution. Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the prohibition against the payment of interest on demand deposits. Amends the Federal Reserve Act to require the Board to survey biennially and report biennially to Congress on bank fees and certain services. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, to repeal certain reporting requirements. Cites practices which shall not be treated as payment or receipt of interest if they relate to an escrow account maintained at a depository institution in connection with a real estate transaction."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Wellness for Individuals with Disabilities Act of 2006''. SEC. 2. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL DIAGNOSTIC EQUIPMENT. Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.) is amended by adding at the end of the following: ``SEC. 510. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL DIAGNOSTIC EQUIPMENT. ``(a) Standards.--Not later than 9 months after the date of enactment of the Promoting Wellness for Individuals with Disabilities Act of 2006, the Architectural and Transportation Barriers Compliance Board shall issue (including publishing) standards setting forth the minimum technical criteria for medical diagnostic equipment used in (or in conjunction with) physician's offices, clinics, emergency rooms, hospitals, and other medical settings. The standards shall ensure that such equipment is accessible to, and usable by, individuals with disabilities, and shall allow independent entry to, use of, and exit from the equipment by such individuals to the maximum extent possible. ``(b) Medical Diagnostic Equipment Covered.--The standards issued under subsection (a) for medical diagnostic equipment shall apply to equipment that includes examination tables, examination chairs (including chairs used for eye examinations or procedures, and dental examinations or procedures), weight scales, mammography equipment, x- ray machines, and other radiological equipment commonly used for diagnostic purposes by health professionals. ``(c) Review and Amendment.--The Architectural and Transportation Barriers Compliance Board shall periodically review and, as appropriate, amend the standards.''. SEC. 3. WELLNESS GRANT PROGRAM FOR INDIVIDUALS WITH DISABILITIES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section: ``SEC. 399P. ESTABLISHMENT OF WELLNESS GRANT PROGRAM FOR INDIVIDUALS WITH DISABILITIES. ``(a) In General.-- ``(1) Individual with a disability defined.--For purposes of this section, the term `individual with a disability' has the meaning given the term in section 7(20) of the Rehabilitation Act of 1973 (29 U.S.C. 705(20)), for purposes of title V of such Act (29 U.S.C. 791 et seq.). ``(2) Wellness grant program for individuals with disabilities.--The Secretary, in collaboration with the National Advisory Committee on Wellness for Individuals With Disabilities, may make grants on a competitive basis to public and nonprofit private entities for the purpose of carrying out programs for promoting good health, disease prevention, and wellness for individuals with disabilities, and preventing secondary conditions in such individuals. ``(b) Requirement of Application.--To be eligible to receive a grant under subsection (a), a public or nonprofit private entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(c) Authorized Activities.--With respect to promoting good health and wellness for individuals with disabilities described in subsection (a), activities for which the Secretary may make a grant under such subsection include-- ``(1) programs or activities for smoking cessation, weight control, nutrition, or fitness that focus on the unique challenges faced by individuals with disabilities regarding these issues; ``(2) preventive health screening programs for individuals with disabilities to reduce the incidence of secondary conditions; and ``(3) athletic, exercise, or sports programs that provide individuals with disabilities (including children with disabilities) an opportunity to increase their physical activity in a dedicated or adaptive recreational environment. ``(d) Priorities.-- ``(1) Advisory committee.--The Secretary shall establish a National Advisory Committee on Wellness for Individuals With Disabilities that shall set priorities to carry out this section, review grant proposals, and make recommendations for funding, and annually evaluate the progress of the program under this section in implementing the priorities. ``(2) Representation.--The Advisory Committee established under paragraph (1) shall include representation by the Department of Health and Human Services Office on Disability, the United States Surgeon General or his designee, the Centers for Disease Control and Prevention, private nonprofit organizations that represent the civil rights and interests of individuals with disabilities, and individuals with disabilities or their family members. ``(e) Dissemination of Information.--The Secretary shall, in addition to the usual methods of the Secretary, disseminate information about the availability of grants under the Wellness Grant Program for Individuals with Disabilities in a manner designed to reach public entities and nonprofit private organizations that are dedicated to providing outreach, advocacy, or independent living services to individuals with disabilities. ``(f) Reports to Congress.--The Secretary shall, not later than 180 days after the date of the enactment of the Promoting Wellness for Individuals with Disabilities Act of 2006, and annually thereafter, submit to Congress a report summarizing activities, findings, outcomes, and recommendations resulting from the grant projects funded under this section during the preceding fiscal year. ``(g) Authorization of Appropriations.--For the purpose of making grants under this section, there are authorized to be appropriated such sums as may be necessary.''. SEC. 4. IMPROVING EDUCATION AND TRAINING TO PROVIDE MEDICAL SERVICES TO INDIVIDUALS WITH DISABILITIES. (a) Coordinated Program To Improve Pediatric Oral Health.--Section 320A(b) of the Public Health Service Act (42 U.S.C. 247d-8(b)) is amended by-- (1) striking ``, or to increase'' and inserting ``, to increase''; and (2) striking the period and inserting the following ``, or to provide training to improve competency and clinical skills in providing oral health services to, and communicating with, patients with disabilities, including those with intellectual disabilities.''. (b) Children's Hospitals That Operate Graduate Medical Education Programs.--Section 340E of the Public Health Service Act (42 U.S.C. 256e) is amended by adding at the end the following: ``(h) Requirement To Provide Training.--To be eligible to receive a payment under this section, a children's hospital shall provide training to improve competency and clinical skills in providing health care to, and communicating with, patients with disabilities, including those with intellectual disabilities, as part of any approved graduate medical residency training program provided by the hospital.''. (c) Centers of Excellence.--Section 736(b) of the Public Health Service Act (42 U.S.C. 293(b)) is amended-- (1) in paragraph (6)(B), by striking ``; and'' and inserting a semicolon; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following: ``(7) to carry out a program to improve competency and clinical skills of students in providing health services to, and communicating with, patients with disabilities, including those with intellectual disabilities; and''. (d) Family Medicine, General Internal Medicine, General Pediatrics, General Dentistry, Pediatric Dentistry, and Physician Assistants.-- Section 747(a)(6) of the Public Health Service Act (42 U.S.C. 293k(a)(6)) is amended by striking ``pediatric dentistry.'' and inserting the following: ``pediatric dentistry; and ``(7) to plan, develop, and operate a program for the training of physicians or dentists, or medical or dental residents, to improve competency and clinical skills of physicians and dentists in providing services to, and communicating with, patients with disabilities, including those with intellectual disabilities.''. (e) Advisory Council on Graduate Medical Education.--Section 762(a)(1) of the Public Health Service Act (42 U.S.C. 294o(a)(1)) is amended-- (1) in subparagraph (E), by striking ``; and'' and inserting a semicolon; (2) by adding at the end the following: ``(G) appropriate efforts to be carried out by hospitals, schools of medicine, schools of osteopathic medicine, schools of dentistry, and accrediting bodies with respect to changes in undergraduate and graduate medical training to improve competency and clinical skills of physicians in providing health care services to, and communicating with, patients with disabilities, including those with intellectual disabilities; and''. (f) Medicare Graduate Medical Education Programs.--Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended by adding at the end the following: ``(8) Requirement to provide training.--To be eligible to receive a payment under this subsection, a hospital shall provide training to improve competency and clinical skills in providing health care to, and communicating with, patients with disabilities, including those with intellectual disabilities, as part of any approved medical residency training program provided by the hospital.''. (g) Effective Date.--The amendments made by subsections (b), (c), and (f) shall take effect 180 days after the date of enactment of this Act.", "summary": "Promoting Wellness for Individuals with Disabilities Act of 2006 - Amends the Rehabilitation Act of 1973 to require the Architectural and Transportation Barriers Compliance Board to issue and periodically review standards setting forth the minimum technical criteria for medical diagnostic equipment used in medical settings, to ensure that such equipment: (1) is accessible to and usable by individuals with disabilities; and (2) allows independent entry to, use of, and exit from the equipment by such individuals to the maximum extent possible. Applies such standards to examination tables and chairs, weight scales, mammography equipment, x-ray machines, and other radiological equipment commonly used for diagnostic purposes by health professionals. Amends the Public Health Service Act to allow the Secretary of Health and Human Services to make grants for programs to promote good health, disease prevention, and wellness for individuals with disabilities and prevent secondary conditions in such individuals. Requires the Secretary to establish a National Advisory Committee on Wellness for Individuals With Disabilities to set priorities to carry out such programs, review grant proposals, make recommendations for funding, and annually evaluate the progress of such programs in implementing the priorities. Provides for training programs to improve competency and clinical skills for providing health care and communicating with patients with disabilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``True Reciprocity Investment Act of 2017''. SEC. 2. CONSIDERATION OF RECIPROCITY OF FOREIGN INVESTMENT. Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended by adding at the end the following: ``(o) Consideration of Reciprocity of Foreign Investment.-- ``(1) Report required.--Not later than 30 days after the date of the enactment of the True Reciprocity Investment Act of 2017, and annually thereafter, the United States Trade Representative shall, in consultation with the Secretary of Commerce and the Secretary of the Treasury, submit to the appropriate congressional committees a report assessing the extent to which the governments of foreign countries allow investments by United States persons in those countries that are similar to investments in the United States made by entities organized under the laws of those countries. ``(2) Elements.--The report required by paragraph (1) shall include, with respect to each country that is a major trading partner of the United States, the following: ``(A) A description of the laws, policies, and practices of the country with respect to foreign investment. ``(B) A comparison of such laws, policies, and practices with the laws, policies, and practices of the United States with respect to foreign investment. ``(C) An assessment of laws, policies, and practices by the government of the country that prohibit, restrict, or delay investment in the country by United States persons. ``(D) An identification of which such laws, policies, and practices have had the most significant effect on investment in that country by United States persons. ``(E) An identification of the industries in the United States that have been most severely affected by such laws, policies, and practices. ``(F) An assessment of the transparency of the process for making such laws, policies, and practices. ``(G) If a bilateral investment treaty is in effect between the United States and the country, an assessment of the extent to which the government of the country has complied with its obligations under the treaty. ``(H) Recommendations with respect to what remedies may be available to facilitate investment in the country by United States persons. ``(I) An assessment of the amount of greenfield investment in the United States by persons organized under the laws of or otherwise subject to the jurisdiction of the country. ``(3) Determinations.--The report required by paragraph (1) shall include the determination of the Trade Representative, after consideration of the elements described in paragraph (2), of whether each country that is a major trading partner of the United States-- ``(A) has high barriers to investment by United States persons (to be known as a `high barrier country'); ``(B) has recently taken measures that constitute barriers to investment by United States persons or has indicated an intention to take such measures (to be known as a `watch country'); or ``(C) has investment laws, policies, and practices that should be monitored (to be known as a `monitor country'). ``(4) Justification for transactions with high barrier countries.-- ``(A) In general.--If the Committee recommends that the President not suspend or prohibit under subsection (d) a covered transaction described in subparagraph (B), the Committee shall include in the report required by paragraph (1) an explanation of the reasons for recommending that the President not suspend or prohibit that transaction. ``(B) Covered transaction described.--A covered transaction is described in this subparagraph if a party to the transaction is organized under the laws of or otherwise subject to the jurisdiction of a high barrier country. ``(5) Definitions.--In this subsection: ``(A) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate; and ``(ii) the Committee on Financial Service, the Committee on Ways and Means, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives. ``(B) Greenfield investment.--The term `greenfield investment' means an investment by a foreign person in the United States under which the foreign person builds operations and facilities in the United States instead of purchasing or leasing existing facilities. ``(C) United states person.--The term `United States person' means-- ``(i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or ``(ii) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.''. SEC. 3. CONSIDERATION OF REPORT ON RECIPROCITY. Section 721(f) of the Defense Production Act of 1950 (50 U.S.C. 4565(f)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (A), by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and by moving such subclauses, as so redesignated, 2 ems to the right; and (B) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by moving such clauses, as so redesignated, 2 ems to the right; (2) in paragraph (9), by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by moving such clauses, as so redesignated, 2 ems to the right; (3) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; (4) in the matter preceding subparagraph (A), as redesignated by paragraph (3), by striking ``may, taking into account the requirements of national security, consider--'' and inserting the following: ``, taking into account the requirements of national security-- ``(1) may consider--''; (5) in subparagraph (K), as redesignated by paragraph (3), by striking the period at the end and inserting ``; and''; and (6) by adding at the end the following: ``(2) shall consider the findings in the most recent report required by subsection (o) with respect to any foreign country with jurisdiction over a party to the proposed or pending transaction.''.", "summary": "True Reciprocity Investment Act of 2017 This bill amends the Defense Production Act of 1950 to direct the Office of the United States Trade Representative to submit an annual report assessing the extent to which foreign governments allow investments by U.S. persons (i.e., U.S. citizens, permanent residents, or U.S. entities) in their countries that are similar to investments in the United States made by entities organized in such foreign countries. The report shall include, with respect to each major trading partner of the United States: (1) a description of the laws, policies, and practices of the country with respect to foreign investment; and (2) an assessment of the transparency of the process for making such laws, policies, and practices. The report shall also include the determination of the office whether each major trading partner: (1) has high barriers to investment by U.S. persons; (2) has recently taken measures that constitute barriers to investment by U.S. persons or has indicated an intention to take such measures; or (3) has investment laws, policies, and practices that should be monitored. If the Committee on Foreign Investment in the United States recommends that the President not suspend or prohibit a transaction made by a party that is subject to the jurisdiction of a high barrier country, it shall provide an explanation of the reasons for its recommendation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Census Address List Improvement Act of 1994''. SEC. 2. ADDRESS INFORMATION REVIEWED BY LOCAL GOVERNMENTS. (a) In General.--Chapter 1 of title 13, United States Code, is amended by adding after section 15 the following new section: ``Sec. 16. Address information reviewed by States and local governments ``(a) The Secretary, to assist efforts to ensure the accuracy of censuses and surveys under this title, shall-- ``(1) publish standards defining the content and structure of address information which States and local units of general purpose government may submit to the Secretary to be used in developing a national address list; ``(2)(A) develop and publish a timetable for the Bureau to receive, review, and respond to submissions of information under paragraph (1) before the decennial census date; and ``(B) provide for a response by the Bureau with respect to such submissions in which the Bureau specifies its determinations regarding such information and the reasons for such determinations; and ``(3) be subject to the review process developed under section 3 of the Census Address List Improvement Act of 1994 relating to responses pursuant to paragraph (2). ``(b)(1) The Secretary-- ``(A) shall provide officials who are designated as census liaisons by a local unit of general purpose government with access to census address information for the purpose of verifying the accuracy of the address information of the Bureau for census and survey purposes; and ``(B) together with such access, should provide an explanation of duties and obligations under this title. ``(2) Access under paragraph (1) shall be limited to address information concerning addresses within the local unit of general purpose government represented by the census liaison or an adjacent local unit of general purpose government. ``(3) The Bureau should respond to each recommendation made by a census liaison concerning the accuracy of address information, including the determination (and reasons therefor) of the Bureau regarding each such recommendation. ``(4) For the purposes of paragraph (1), in a case in which a local unit of general purpose government is within another local unit of general purpose government and is not independent of the enclosing unit, the census liaison shall be designated by the local unit of general purpose government which is within the enclosing local unit of general purpose government. ``(5) A census liaison may not use information made available under paragraph (1) for any purpose other than the purpose specified in paragraph (1). ``(c) For the purposes of this section-- ``(1) the term `local unit of general purpose government' has the meaning given such term by section 184(1) of this title; and ``(2) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.''. (b) Confidentiality.--Section 9(a) of such title is amended-- (1) by inserting ``or local government census liaison,'' after ``thereof,''; and (2) by inserting ``or 16'' after ``section 8''. (c) Penalty.--Section 214 of such title is amended by inserting ``or whoever, being or having been a census liaison within the meaning of section 16 of this title,'' after ``title,'' the second place it appears. (d) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 15 the following: ``16. Address information reviewed by local governments.''. SEC. 3. DEVELOPMENT OF APPEALS PROCESS BY ADMINISTRATOR OF THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS. The Administrator of the Office of Information and Regulatory Affairs, acting through the Chief Statistician and in consultation with the Bureau of the Census, shall develop an appeals process for those States and local units of general purpose government which desire to appeal determinations of the Bureau of the Census pursuant to section 16(a)(2) or (b)(3) of title 13, United States Code. Appeals under such process shall be resolved before the decennial census date. The Chief Statistician shall publish the proposed appeals process for a period of public comment before finalizing such process. SEC. 4. AUTHORITY OF UNITED STATES POSTAL SERVICE TO SHARE ADDRESS LISTS. Section 412 of title 39, United States Code, is amended-- (1) by striking out ``Except'' and all that follows through ``law,'' and inserting in lieu thereof ``(a) Except as specifically provided by subsection (b) or other law,''; and (2) by adding at the end the following: ``(b) The Postal Service shall provide to the Secretary of Commerce for use by the Bureau of the Census such address information, address- related information, and point of postal delivery information, including postal delivery codes, as may be determined by the Secretary to be appropriate for any census or survey being conducted by the Bureau of the Census. The provision of such information under this subsection shall be in accordance with such mutually agreeable terms and conditions, including reimbursability, as the Postal Service and the Secretary of Commerce shall deem appropriate.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Census Address List Improvement Act of 1994 - Directs the Secretary of Commerce to: (1) publish standards defining the content and structure of address information which States and local governments may submit to the Secretary to be used in developing a national address list; (2) develop and publish a timetable for the Bureau of the Census to receive, review, and respond to the submitted information before the decennial census date; (3) provide for a response by the Bureau that specifies its determinations regarding such information and the reasons for such determinations; and (4) be subject to the review process developed under this Act relating to such responses. Directs the Secretary to provide officials who are designated as census liaisons by local governments with access to census address information for the purpose of verifying the accuracy of the Bureau's address information for census and survey purposes and together with such access, provide an explanation of duties and obligations under this Act. Limits such access to the addresses within the local government represented by the census liaison or an adjacent local government. Requires the Bureau to respond to each recommendation made by a census liaison concerning the accuracy of address information, including the determination (and reasons therefor) of the Bureau regarding each such recommendation. Prohibits a census liaison from using information made available under this Act for purposes other than the purposes specified in this Act. Makes provisions that require, with exceptions, that such information be treated as confidential applicable to local government census liaisons. Imposes a fine and up to five years' imprisonment on whoever being or having been a census liaison wrongfully discloses such information. Requires: (1) the Administrator of the Office of Information and Regulatory Affairs, acting through the Chief Statistician, to develop an appeals process for those States and local governments which desire to appeal determinations of the Bureau; and (2) the Postal Service to provide to the Secretary for use by the Bureau such address, address- related, and point of postal delivery information, including postal delivery codes, determined by the Secretary to be appropriate for any census or survey being conducted by the Bureau."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings Enhancement for Education in College Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS TO 529 PLANS. (a) In General.--Subsection (d) of section 25B of the Internal Revenue Code of 1986 (relating to elective deferrals and IRA contributions by certain individuals) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Contributions to qualified tuition programs.-- ``(A) In general.--The term `qualified savings contribution' includes the amount of any purchase or contribution described in paragraph (1)(A) of section 529(b) to a qualified tuition program (as defined in such section) if-- ``(i) the taxpayer has the power to authorize distributions and otherwise administer the account, and ``(ii) the designated beneficiary of such purchase or contribution is the taxpayer, the taxpayer's spouse, or an individual with respect to whom the taxpayer is allowed a deduction under section 151. ``(B) Limitation based on compensation.--The amount treated as a qualified savings contribution by reason of subparagraph (A) for any taxable year shall not exceed the sum of-- ``(i) the compensation (as defined in section 219(f)(1)) includible in the taxpayer's gross income for the taxable year, and ``(ii) the amount excluded from the taxpayer's gross income under section 112 (relating to combat pay) for such year. ``(C) Determination of adjusted gross income.-- Solely for purposes of determining the applicable percentage under subsection (b) which applies with respect to the amount treated as a qualified savings contribution by reason of subparagraph (A), adjusted gross income (determined without regard to this subparagraph) shall be increased by the excess (if any) of-- ``(i) the social security benefits received during the taxable year (within the meaning of section 86), over ``(ii) the amount included in gross income for such year under section 86.''. (b) Conforming Amendments.-- (1) Section 25B of such Code is amended by striking ``qualified retirement savings'' each place it appears in the text and inserting ``qualified savings''. (2) The subsection heading for section 25B(d) of such Code is amended by striking ``Retirement''. (3) Subparagraph (A) of section 25B(d)(3) of such Code, as redesignated by subsection (a), is amended-- (A) by striking ``paragraph (1)'' the first place it appears and inserting ``paragraph (1) or (2)'', and (B) by striking ``paragraph (1)'' the second place it appears and inserting ``paragraph (1), or (2), as the case may be,''. (4) The heading for section 25B of such Code is amended by striking ``and ira contributions'' and inserting ``, ira contributions, and qualified tuition program contributions''. (5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B and inserting the following new item: ``Sec. 25B. Elective deferrals, IRA contributions, and qualified tuition program contributions by certain individuals.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made after December 31, 2012, in taxable years ending after such date. SEC. 3. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 127 the following new section: ``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid by the employer as contributions to a qualified tuition program held by the employee or spouse of the employee if the contributions are made pursuant to a program which is described in subsection (b). ``(b) Maximum Exclusion.--The amount excluded from the gross income of an employee under this section for the taxable year shall not exceed $600. ``(c) Qualified Tuition Assistance Program.--For purposes of this section, a qualified tuition assistance program is a separate written plan of an employer for the benefit of such employer's employees-- ``(1) under which the employer makes matching contributions to qualified tuition programs of-- ``(A) such employees, ``(B) their spouses, or ``(C) any individual with respect to whom such an employee or spouse-- ``(i) is allowed a deduction under section 151, and ``(ii) has the power to authorize distributions and otherwise administer such individual's account under the qualified tuition program, and ``(2) which meets requirements similar to the requirements of paragraphs (2), (3), (4), (5), and (6) of section 127(b). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified tuition program.--The term `qualified tuition program' means a qualified tuition program as defined in section 529(b). ``(2) Employee and employer.--The terms `employee' and `employer' shall have the meaning given such terms by paragraphs (2) and (3), respectively, of section 127(c). ``(3) Applicable rules.--Rules similar to the rules of paragraphs (4), (5), (6), and (7) of section 127(c) shall apply. ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2013, the $600 amount contained in subsection (b)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. ``(f) Cross Reference.--For reporting and recordkeeping requirements, see section 6039D.''. (b) Exclusion From Employment Taxes.-- (1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of such Code are each amended by inserting ``127A,'' after ``127,'' each place it appears. (2) Section 3231(e)(6) of such Code is amended by striking ``section 127'' and inserting ``section 127 or 127A''. (c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1) of such Code is amended by inserting ``127A,'' after ``127,''. (d) Other Conforming Amendments.-- (1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such Code are each amended by inserting ``127A,'' after ``127,'' each place it appears. (2) Section 132(j)(8) of such Code is amended by striking ``section 127'' and inserting ``section 127 or 127A''. (3) Section 1397(a)(2)(A) of such Code is amended by inserting at the end the following new clause: ``(iii) Any amount paid or incurred by an employer which is excludable from the gross income of an employee under section 127A, but only to the extent paid or incurred to a person not related to the employer.''. (4) Section 209(a)(15) of the Social Security Act (42 U.S.C. 409(a)(15)) is amended by striking ``or 129'' and inserting ``, 127A, or 129''. (e) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 127 the following new item: ``Sec. 127A. Employer contributions to qualified tuition programs.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Savings Enhancement for Education in College Act - Amends the Internal Revenue Code to: (1) allow a tax credit for contributions to qualified tuition plans; and (2) allow an exclusion, up to $600, from the gross income of an employee for employer contributions to a qualified tuition program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``50th Anniversary of the Texas Western College Men's Basketball Championship Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On March 19, 1966, Texas Western College (the ``Miners'') defeated the University of Kentucky in the National Collegiate Athletic Association (``NCAA'') men's college basketball final at Cole Field House in College Park, Maryland, by a score of 72-65. (2) The 1966 Miners are still the only team from the State of Texas to win a NCAA basketball championship. (3) This marked the first time an all-Black starting lineup had won the NCAA championship; (4) After the 1966 championship, many college teams throughout the South following the Miners' example began recruiting Black athletes, ending years of segregation. (5) Immediately after the championship, between the years of 1966 and 1985, the average number of Black players on college teams nearly doubled. (6) Every southern conference team (including the Southeastern Conference) followed the Miners' example, and all basketball teams were integrated the following season. (7) The top-ranked University of Kentucky men's basketball team was favored in the final over the third-ranked Texas Western College squad. (8) Texas Western College was led by coach Don Haskins and the University of Kentucky by coach Adolph Rupp. (9) Coach Haskins taught his team the ``swinging gate'' defensive style he had learned as a player at Oklahoma Agricultural and Mechanical College (now Oklahoma State University) under legendary coach Henry Iba. (10) Texas Western College's journey to the 1966 NCAA championship was depicted in the 2006 film titled ``Glory Road''. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the game of basketball and shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the National Collegiate Basketball Hall of Fame; and (2) reviewed by the Citizens Coinage Advisory Committee. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2017''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2017. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Collegiate Basketball Hall of Fame to help finance renovations of existing National Collegiate Basketball Hall of Fame facilities. (c) Audits.--The National Collegiate Basketball Hall of Fame shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.", "summary": "50th Anniversary of the Texas Western College Men's Basketball Championship Commemorative Coin Act Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 coins, 400,000 $1 coins, and 750,000 half-dollar coins emblematic of the game of basketball. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Collegiate Basketball Hall of Fame to help finance renovations of existing National Collegiate Basketball Hall of Fame facilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drunk Driving Repeat Offender Prevention Act of 2015''. SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED DRIVING. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 159 the following: ``Sec. 160. Use of ignition interlock devices to prevent repeat intoxicated driving ``(a) Definitions.--In this section: ``(1) Alcohol concentration.--The term `alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. ``(2) Driving while intoxicated; driving under the influence.--The terms `driving while intoxicated' and `driving under the influence' mean driving or being in actual physical control of a motor vehicle in a State while having a blood alcohol concentration of 0.08 percent or greater. ``(3) Ignition interlock device.--The term `ignition interlock device' means an in-vehicle device that requires a driver to provide a breath sample prior to the motor vehicle starting, and that prevents a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit. ``(4) Motor vehicle.-- ``(A) In general.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways. ``(B) Exclusions.--The term `motor vehicle' does not include-- ``(i) a vehicle operated solely on a rail line; or ``(ii) a commercial vehicle. ``(b) Laws Requiring Ignition Interlock Devices.-- ``(1) In general.--Subject to paragraph (2), a State meets the requirements of this subsection if the State has enacted and is enforcing a law that requires throughout the State the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual who is convicted of driving while intoxicated or driving under the influence. ``(2) Exception.--The 180-day period referred to in paragraph (1) for the installation of an ignition interlock device may be reduced to a period of not fewer than 90 days, if-- ``(A) the driver's licence of the individual is suspended for a minimum of 180 days as a result of the conviction; and ``(B) the period for the installation of an ignition interlock device begins after the last day of the suspension. ``(c) Withholding of Funds for Noncompliance.-- ``(1) Fiscal year 2018.--On October 1, 2017, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(2) Fiscal year 2019.--On October 1, 2018, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(3) Fiscal year 2020 and thereafter.--On October 1, 2019, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(d) Period of Availability of Withheld Funds; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.--Any funds withheld under subsection (c) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (c) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements of subsection (b), apportion to the State the funds withheld under subsection (c) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.--Any funds apportioned pursuant to paragraph (2)-- ``(A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and ``(B) if not apportioned at the end of that period, shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (c) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (b), the funds shall lapse.''. (b) Conforming Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 159 the following: ``160. Use of ignition interlock devices to prevent repeat intoxicated driving.''.", "summary": "Drunk Driving Repeat Offender Prevention Act of 2015 Directs the Department of Transportation to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2018-FY2020 if the state has not enacted and is not enforcing a law requiring the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence. Defines "driving while intoxicated" and "driving under the influence" as driving or being in actual physical control of a motor vehicle while having a blood alcohol concentration of 0.08% or greater. Requires an ignition interlock device to: require a driver to provide a breath sample before the motor vehicle starts, and prevent a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit. Authorizes reduction of the 180-day period to 90 days if: the driver's license is suspended for a minimum of 180 days as a result of the conviction, and the period for installation of an ignition interlock device begins after the last day of the suspension."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fulfilling the Potential of Women in Academic Science and Engineering Act of 2008''. SEC. 2. FINDINGS. The Congress finds the following: (1) In its 2007 report, Beyond Bias and Barriers, the National Academies state that, to maintain its scientific and engineering leadership amid increasing economic and educational globalization, the United States must aggressively pursue the innovative capacity of all of its people--women and men. (2) Women make up an increasing proportion of science and engineering majors at all institutions of higher education, including at top-rated programs such as those at the Massachusetts Institute of Technology where women make up 51 percent of its science undergraduates and 35 percent of its engineering undergraduates. (3) Despite this progress, however, women still receive only 20 percent of all bachelor's degrees awarded in engineering and physics. (4) For women to participate to their full potential across all science and engineering fields, they must see a career path that allows them to reach their full intellectual potential; much remains to be done to achieve that goal. (5) The Federal Government provides over 60 percent of research funding at institutions of higher education. (6) Women are a small portion of the science and engineering faculty members at major research universities, and they typically receive fewer institutional resources for their research activities than their male colleagues. (7) Unintentional biases and outmoded institutional structures are hindering the access and advancement of women in science and engineering. (8) Women hold a small portion of leadership positions in our institutions of higher education, scientific and professional societies, and honorary organizations. (9) Neither our institutions of higher education nor our Nation can afford such underuse of precious human capital in science and engineering. SEC. 3. DEFINITIONS. In this Act, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Office of Science and Technology Policy in the Executive Office of the President, acting through the National Science and Technology Council. (2) Federal science agency.--The term ``Federal science agency'' means any Federal agency that is responsible for at least 2 percent of the total Federal obligation for research and development at institutions of higher education, according to the most recent data available from the National Science Foundation. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 4. WORKSHOPS TO ENHANCE GENDER EQUITY IN ACADEMIC SCIENCE AND ENGINEERING. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Director shall develop a uniform policy for each Federal science agency to carry out a program of workshops that educate program officers, members of grant review panels, institution of higher education department chairs, and other federally funded researchers about methods that minimize the effects of gender bias in evaluation, including of Federal research grants, for hiring, tenure, and promotion, and for selection for any other honor based on academic merit. Each Federal science agency shall establish a program of workshops according to this policy. (b) Interagency Coordination.--The Director shall ensure that programs of workshops across the Federal science agencies are coordinated and supported jointly as appropriate. As part of this process, the Director shall ensure that at least 1 workshop is supported every 2 years among the Federal science agencies in each of the major science and engineering disciplines supported by those agencies. (c) Scientific and Professional Societies.--Federal science agencies may carry out the program of workshops under this section by making grants to eligible organizations. In addition to any other organizations made eligible by the Federal science agencies, the following organizations are eligible for grants under this section: (1) Nonprofit scientific and professional societies and organizations that represent one or more science and engineering disciplines. (2) Nonprofit organizations that have the primary mission of advancing the participation of women in science and engineering. (d) Characteristics of Workshops.--The workshops shall have the following characteristics: (1) Invitees to workshops shall include at least-- (A) the chairs from at least the top 50 institution of higher education departments in the relevant discipline, as determined by the amount of Federal research and development funds obligated to each department in the prior year based on data available from the National Science Foundation; (B) members of any standing research grant review panel appointed by the Federal science agencies in the relevant discipline; (C) in the case of major science and engineering disciplines supported by the Department of Energy, the individuals from each of the Department of Energy National Laboratories with personnel management responsibilities comparable to those of an institution of higher education department chair; and (D) Federal science agency program officers in the relevant discipline, other than program officers that participate in comparable workshops organized and run specifically for that agency's program officers. (2) Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the existence of gender bias in recruitment, hiring, tenure review, promotion, grant evaluation, award selection, and other forms of formal recognition of individual achievement and provide strategies to overcome such bias. (3) Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by women from historically underrepresented groups. (4) Workshop programs shall include information on best practices and the value of mentoring undergraduate and graduate women students as well as outreach to girls earlier in their science, technology, engineering, and mathematics education. (e) Report.-- (1) In general.--Not later than 5 years after the date of enactment of this Act, the Director shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report evaluating the impact of the program carried out under this section to reduce gender bias towards women engaged in research funded by the Federal Government. The Director shall include in this report any recommendations for improving the evaluation process described in paragraph (2). (2) Minimum criteria for evaluation.--In determining the effectiveness of the program, the Director shall consider, at a minimum-- (A) the rates of participation by invitees in the workshops authorized under this section; (B) the results of attitudinal surveys conducted on workshop participants before and after the workshops; (C) any institutional policy or practice changes reported by participants from institutions of higher education; and (D) for institution of higher education department chairs and Department of Energy National Laboratory employees who participated in at least 1 workshop 3 or more years prior to the due date for the report, trends in the data for the department represented by the chair or employee including-- (i) the number and percent of women faculty; (ii) the number and percent of women in tenure-track positions by rank; (iii) tenure promotion outcomes by gender; (iv) years in rank by gender; (v) time at institution by gender; (vi) attrition by gender; (vii) the number of women who are in nontenure-track positions, including teaching and research; (viii) the number and percent of women faculty in endowed or named chairs; and (ix) the number and percent of women faculty on promotion and tenure committees. (f) Minimizing Costs.--To the extent practicable, workshops shall be held in conjunction with national or regional disciplinary meetings to minimize costs associated with participant travel. (g) Authorization of Appropriations.--Each Federal science agency is authorized to contribute funds, from funds which are otherwise authorized, to support the workshop and evaluation requirements under this section, including-- (1) providing grants to organizations, including the organizations identified under subsection (c), to plan and organize the workshops; and (2) reimbursing the travel and lodging costs of invited speakers and workshop participants. SEC. 5. EXTENDED RESEARCH GRANT SUPPORT AND INTERIM TECHNICAL SUPPORT FOR CAREGIVERS. (a) Policies for Caregivers.--Not later than 6 months after the date of enactment of this Act, the Director shall develop a uniform policy to-- (1) extend the period of grant support for federally funded researchers who have caregiving responsibilities; and (2) provide funding for interim technical staff support for federally funded researchers who take a leave of absence for caregiving responsibilities. (b) Report.--Upon developing the policy required under subsection (a), the Director shall transmit a copy of the policy to the Committee on Science and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate. SEC. 6. COLLECTION OF DATA ON FEDERAL RESEARCH GRANTS. (a) In General.--Each Federal science agency shall collect standardized annual composite information on demographics, field, award type and budget request, review score, and funding outcome for all applications for research and development grants to institutions of higher education supported by that agency. (b) Reporting of Data.-- (1) The Director shall establish a policy to ensure uniformity and standardization of data collection required under subsection (a). (2) Not later than June 30, 2010, and annually thereafter, each Federal science agency shall submit data collected under subsection (a) to the National Science Foundation. (3) The National Science Foundation shall be responsible for storing and publishing all of the grant data submitted under paragraph (2) in conjunction with the biennial report required under section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d). SEC. 7. PUBLICATION OF LIST OF INSTITUTIONAL PARTICIPATION IN WORKSHOPS TO ENHANCE GENDER EQUITY IN ACADEMIC SCIENCE AND ENGINEERING. The Director, on the basis of data reported by the Federal science agencies, shall publish annually a list of institutions of higher education science and engineering departments represented by individuals who attend the workshops described in section 4. The list shall be publicly available through the website of the Office of Science and Technology Policy. Any institution of higher education science and engineering department that is publicized on the list may publicize its receipt of such recognition on its website, in printed materials, or through other means.", "summary": "Fulfilling the Potential of Women in Academic Science and Engineering Act of 2008 - Requires the Director of the Office of Science and Technology Policy to develop a policy for federal science agencies to carry out a program of workshops that educate specified federally funded researchers about methods that minimize the effects of gender bias in evaluation, including of federal research grants, for hiring, tenure, and promotion, and for selection for any other honor based on academic merit. Requires the support of at least one workshop every two years among the federal science agencies in the major science and engineering disciplines. Authorizes federal science agencies to carry out such program by making grants to eligible organizations as described in this Act. Requires the Director to transmit a report evaluating such program's impact in reducing gender bias towards women engaged in research funded by the federal government. Requires the Director to develop a policy to extend research grant support and provide interim technical support for federally funded researchers who are caregivers. Requires transmission of a copy of such policy to specified congressional committees. Requires federal science agencies to collect specified standardized annual data for all applications for research and development grants to institutions of higher education and to submit the data collected to the National Science Foundation (NSF). Makes the NSF responsible for storing and publishing all such grant data. Requires annual publication of a list of the institutions of higher education science and engineering departments represented by individuals who attend the workshops described above."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Security Stakeholder Participation Act of 2014''. SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE. (a) In General.--Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44946. Aviation Security Advisory Committee ``(a) Establishment.--The Assistant Secretary shall establish within the Transportation Security Administration an aviation security advisory committee. ``(b) Duties.-- ``(1) In general.--The Assistant Secretary shall consult the Advisory Committee, as appropriate, on aviation security matters, including on the development, refinement, and implementation of policies, programs, rulemaking, and security directives pertaining to aviation security, while adhering to sensitive security guidelines. ``(2) Recommendations.-- ``(A) In general.--The Advisory Committee shall develop, at the request of the Assistant Secretary, recommendations for improvements to aviation security. ``(B) Recommendations of subcommittees.--Recommendations agreed upon by the subcommittees established under this section shall be approved by the Advisory Committee before transmission to the Assistant Secretary. ``(3) Periodic reports.--The Advisory Committee shall periodically submit to the Assistant Secretary-- ``(A) reports on matters identified by the Assistant Secretary; and ``(B) reports on other matters identified by a majority of the members of the Advisory Committee. ``(4) Annual report.--The Advisory Committee shall submit to the Assistant Secretary an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year. Not later than 6 months after the date that the Secretary receives the annual report, the Secretary shall publish a public version describing the Advisory Committee's activities and such related matters as would be informative to the public consistent with the policy of section 552(b) of title 5. ``(5) Feedback.--Not later than 90 days after receiving recommendations transmitted by the Advisory Committee under paragraph (4), the Assistant Secretary shall respond in writing to the Advisory Committee with feedback on each of the recommendations, an action plan to implement any of the recommendations with which the Assistant Secretary concurs, and a justification for why any of the recommendations have been rejected. ``(6) Congressional notification.--Not later than 30 days after providing written feedback to the Advisory Committee under paragraph (5), the Assistant Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives on such feedback, and provide a briefing upon request. ``(7) Report to congress.--Prior to briefing the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives under paragraph (6), the Assistant Secretary shall submit to such committees a report containing information relating to the recommendations transmitted by the Advisory Committee in accordance with paragraph (4). ``(c) Membership.-- ``(1) Appointment.-- ``(A) In general.--Not later than 180 days after the date of enactment of the Aviation Security Stakeholder Participation Act of 2014, the Assistant Secretary shall appoint the members of the Advisory Committee. ``(B) Composition.--The membership of the Advisory Committee shall consist of individuals representing not more than 34 member organizations. Each organization shall be represented by 1 individual (or the individual's designee). ``(C) Representation.--The membership of the Advisory Committee shall include representatives of air carriers, all- cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, labor organizations representing transportation security officers, aircraft manufacturers, airport operators, airport construction and maintenance contractors, labor organizations representing employees of airport construction and maintenance contractors, general aviation, privacy organizations, the travel industry, airport-based businesses (including minority-owned small businesses), businesses that conduct security screening operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security technology industry (including screening technology and biometrics), victims of terrorist acts against aviation, and law enforcement and security experts. ``(2) Term of office.-- ``(A) Terms.--The term of each member of the Advisory Committee shall be 2 years. A member of the Advisory Committee may be reappointed. ``(B) Removal.--The Assistant Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time. ``(3) Prohibition on compensation.--The members of the Advisory Committee shall not receive pay, allowances, or benefits from the Government by reason of their service on the Advisory Committee. ``(4) Meetings.-- ``(A) In general.--The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. ``(B) Public meetings.--At least 1 of the meetings described in subparagraph (A) shall be open to the public. ``(C) Attendance.--The Advisory Committee shall maintain a record of the persons present at each meeting. ``(5) Member access to sensitive security information.--Not later than 60 days after the date of a member's appointment, the Assistant Secretary shall determine if there is cause for the member to be restricted from possessing sensitive security information. Without such cause, and upon the member voluntarily signing a non-disclosure agreement, the member may be granted access to sensitive security information that is relevant to the member's advisory duties. The member shall protect the sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations. ``(6) Chairperson.--A stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee. ``(d) Subcommittees.-- ``(1) Membership.--The Advisory Committee chairperson, in coordination with the Assistant Secretary, may establish within the Advisory Committee any subcommittee that the Assistant Secretary and Advisory Committee determine to be necessary. The Assistant Secretary and the Advisory Committee shall create subcommittees to address aviation security issues, including the following: ``(A) Air cargo security.--The implementation of the air cargo security programs established by the Transportation Security Administration to screen air cargo on passenger aircraft and all-cargo aircraft in accordance with established cargo screening mandates. ``(B) General aviation.--General aviation facilities, general aviation aircraft, and helicopter operations at general aviation and commercial service airports. ``(C) Perimeter and access control.--Recommendations on airport perimeter security, exit lane security and technology at commercial service airports, and access control issues. ``(D) Security technology.--Security technology standards and requirements, including their harmonization internationally, technology to screen passengers, passenger baggage, carry-on baggage, and cargo, and biometric technology. ``(2) Risk-based security.--All subcommittees established by the Advisory Committee chairperson in coordination with the Assistant Secretary shall consider risk-based security approaches in the performance of their functions that weigh the optimum balance of costs and benefits in transportation security, including for passenger screening, baggage screening, air cargo security policies, and general aviation security matters. ``(3) Meetings and reporting.--Each subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding issues within the subcommittee. ``(4) Subcommittee chairs.--Each subcommittee shall be co- chaired by a Government official and an industry official. ``(e) Subject Matter Experts.--Each subcommittee under this section shall include subject matter experts with relevant expertise who are appointed by the respective subcommittee chairpersons. ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee and its subcommittees. ``(g) Definitions.--In this section: ``(1) Advisory committee.--The term `Advisory Committee' means the aviation security advisory committee established under subsection (a). ``(2) Assistant secretary.--The term `Assistant Secretary' means the Assistant Secretary of Homeland Security (Transportation Security Administration). ``(3) Perimeter security.-- ``(A) In general.--The term `perimeter security' means procedures or systems to monitor, secure, and prevent unauthorized access to an airport, including its airfield and terminal. ``(B) Inclusions.--The term `perimeter security' includes the fence area surrounding an airport, access gates, and access controls.''. (b) Clerical Amendment.--The analysis for subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following new item: ``44946. Aviation Security Advisory Committee.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the Senate on December 9, 2014. Aviation Security Stakeholder Participation Act of 2014 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration [TSA]) to establish in the TSA an aviation security advisory committee. Requires the Assistant Secretary to consult with the Advisory Committee on aviation security matters. Requires the Advisory Committee to develop, upon the Assistant Secretary's request, recommendations to improve aviation security. Requires the Assistant Secretary to appoint to the Advisory Committee members representing up to 34 member organizations, including air carriers, all-cargo air transportation, indirect air carriers, labor organizations representing air carrier employees as well as those representing transportation security officers, aircraft manufacturers, airport operators, airport construction and maintenance contractors as well as labor organizations representing them, general aviation, privacy organizations, the travel industry, airport-based businesses, businesses that conduct security operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security technology industry (including screening technology and biometrics), victims of terrorist acts against aviation, and law enforcement and security experts. Establishes within the Advisory Committee: (1) an air cargo security subcommittee; (2) a general aviation subcommittee; (3) an airport perimeter security and access control subcommittee; and (4) a security technology subcommittee. Requires all subcommittees to consider risk-based security approaches in the performance of their functions with respect to transportation security."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Hunting Safety and Preservation Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) recreational hunting, when carried out pursuant to law (as implemented by the regulations of Federal and State wildlife management agencies) is a necessary and beneficial element in the proper conservation and management of healthy, abundant, and biologically diverse wildlife resources; (2) recreational hunters (because of a generally demonstrated concern with the conservation of wildlife resources and preservation of habitat necessary for the breeding and maintenance of healthy wildlife populations, and through a familiarity with the resources gained from experience in the field) are a valuable asset in ensuring enlightened public input into decisions regarding management and maintenance programs for wildlife resources and habitat; (3)(A) recreational hunting supports industries highly significant to the national economy through sales in interstate commerce of sporting goods; and (B) the Federal excise taxes imposed on the sales provide a major source of funding for vital programs of wildlife conservation and management; (4) various persons are engaging in (and have announced an intent to continue to engage in) a variety of disruptive activities with the premeditated purpose of preventing and interfering with the conduct of lawful recreational hunting on Federal lands, which activities-- (A) place both recreational hunters and the disruptive persons in imminent jeopardy of grave physical injury or death; (B) disrupt the peaceful, lawful, and prudent conduct of wildlife population and habitat management programs by Federal and State wildlife management agencies; and (C) ultimately may alter the planned program objectives, resulting in-- (i) undesirable patterns of activity within populations of wildlife; (ii) the endangerment of the future viability of wildlife species; and (iii) damage to habitat values; (5) Federal lands comprise important wildlife habitat resources that-- (A) support many large, diverse, and vital populations of wildlife; and (B) offer significant opportunities for legal recreational hunting as an important management tool to ensure the future viability of the wildlife populations; (6) it is the right of citizens of the United States freely to enjoy lawful recreational hunting on Federal lands in accordance with regulations promulgated by Federal and State wildlife management agencies; and (7) in many instances under current law, vagueness and ambiguity exist regarding the application of State laws and enforcement activities relating to-- (A) the safety of hunters; and (B) the legal rights of recreational hunters to participate peacefully in lawful hunts on Federal lands. SEC. 3. DEFINITIONS. As used in this Act: (1) Federal lands.--The term ``Federal lands'' means-- (A) national forests; (B) public lands; (C) national parks; and (D) wildlife refuges. (2) Lawful hunt.--The term ``lawful hunt'' means an occasion when an individual is engaged in the taking or harvesting (or attempted taking or harvesting) through a legal means and during a specified legal season of a wildlife or fish, on Federal lands, which activity-- (A)(i) is authorized by or licensed under the law of the State in which it takes place; or (ii) is regulated by game or fishing seasons established by the State in which it takes place; (B) is not prohibited by a law of the United States; and (C) does not infringe upon a right of an owner of private property. (3) National forest.--The term ``national forest'' means lands included in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))). (4) National park.--The term ``national park'' means lands and waters included in the national park system (as defined in section 2(a) of the Act entitled ``An Act to facilitate the management of the National Park System and miscellaneous areas administered in connection with that system, and for other purposes'', approved August 8, 1953 (16 U.S.C. 1c(a))). (5) Public lands.--The term ``public lands'' has the same meaning as is provided in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (6) Secretary.--The term ``Secretary'' means-- (A) the Secretary of Agriculture with respect to national forests; and (B) the Secretary of the Interior with respect to-- (i) public lands; (ii) national parks; and (iii) wildlife refuges. (7) Wildlife refuge.--The term ``wildlife refuge'' means lands and waters included in the National Wildlife Refuge System (as established by section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd)). SEC. 4. OBSTRUCTION OF A LAWFUL HUNT. (a) Violation.--It is unlawful for a person knowingly and with the intent of obstructing, impeding, or interfering with a lawful hunt by an individual to-- (1) obstruct, impede, or otherwise interfere with a lawful hunt by an individual; (2) scare, herd, harass, decoy, or otherwise engage in activities designed to affect wildlife on Federal lands; (3) engage in activities that prevent or impede the reasonable and usual means of access by those individuals who intend to participate in a lawful hunt, whether the activities occur on Federal lands or upon a public or private road, highway, path, trail, or other normal route of access to Federal lands; (4) take or abuse property, equipment, or hunting dogs being used in conjunction with a lawful hunt; or (5) enter onto Federal lands, travel in interstate commerce, use the United States mails or an instrumentality of interstate telephonic or electronic communications, or transport or cause to be transported in interstate commerce a material or item, to further-- (A) a scheme or effort to obstruct, impede, or otherwise interfere with a lawful hunt; or (B) the efforts of another person to obstruct, impede, or interfere with a lawful hunt. (b) Multiple Violations.--The Secretary may consider participation by a person in more than one of the activities described in this section to constitute multiple violations. SEC. 5. CIVIL PENALTIES. (a) In General.--A person who engages in an activity described in section 4 shall be assessed a civil penalty of not less than $500, and not more than $5,000, for each violation. (b) Violation Involving Force or Violence.--Upon a determination by a court that the activity involved the use of force or violence, or the threatened use of force or violence, against the person or property of another person, a person who engages in an activity described in section 4 shall be assessed a civil penalty of not less than $1,000, and not more than $10,000, for each violation. (c) Relationship to Other Penalties.--The penalties established by this section shall be in addition to other criminal or civil penalties that may be levied against the person as a result of an activity in violation of section 4. (d) Procedure.-- (1) Complaints from government agents.--Upon receipt of a written complaint from an officer, employee, or agent of the Forest Service, Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or other Federal agency that a person violated section 4, the Secretary shall-- (A) forward the complaint to the United States Attorney for the Federal judicial district in which the violation is alleged to have occurred; and (B) request the Attorney General of the United States to institute a civil action for the imposition and collection of the civil penalty specified in subsection (a) or (b). (2) Complaints from individuals.--Upon receipt of a sworn affidavit from an individual and a determination by the Secretary that the statement contains sufficient factual data to create a reasonable belief that a violation of section 4 has occurred, the Secretary shall-- (A) forward a complaint to the United States Attorney for the Federal judicial district in which the violation is alleged to have occurred; and (B) request the Attorney General of the United States to institute a civil action for the imposition and collection of the civil penalty specified in subsection (a) or (b). (e) Use of Penalty Money Collected.--After deduction of costs attributable to collection, money collected from penalties shall be-- (1) deposited into the trust fund established pursuant to the Act entitled ``An Act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes'', approved September 2, 1937 (16 U.S.C. 669) (commonly known as the ``Pitman-Robertson Wildlife Restoration Act''), to support the activities authorized by such Act and undertaken by State wildlife management agencies; or (2) used in such other manner as the Secretary determines will enhance the funding and implementation of-- (A) the North American Waterfowl Management Plan signed by the Secretary of the Interior and the Minister of Environment for Canada in May 1986; or (B) a similar program that the Secretary determines will enhance wildlife management-- (i) on Federal lands; or (ii) on private or State-owned lands when the efforts will also provide a benefit to wildlife management objectives on Federal lands. SEC. 6. OTHER RELIEF. (a) Injunctive Relief.--Injunctive relief against a violation of section 4 may be sought by-- (1) the head of a State agency with jurisdiction over fish or wildlife management; (2) the Attorney General of the United States; or (3) any person who is or would be adversely affected by the violation, or a hunting or sportsman's organization to which the person belongs. (b) Damages and Attorney's Fees.--Any person who is or would be adversely affected by a violation of section 4, or a hunting or sportsman's organization to which the person belongs, may bring a civil action to recover-- (1) actual and punitive damages; and (2) reasonable attorney's fees. SEC. 7. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL ACTIONS. (a) Law or Ordinance.--This Act is not intended to preempt a State law or local ordinance that provides for civil or criminal penalties for a person who obstructs or otherwise interferes with a lawful hunt. (b) Civil Action.--The bringing of an action pursuant to this Act shall not prevent an independent action against a person under a State law or local ordinance. SEC. 8. REGULATIONS. The Secretary may issue such regulations as are necessary to carry out this Act.", "summary": "Recreational Hunting Safety and Preservation Act of 1993 - Makes it unlawful to intentionally obstruct a lawful hunt (as defined by this Act) on Federal lands. Establishes: (1) civil penalties for such violations; (2) procedures for individual and government agent complaints; and (3) permitted uses of collected penalty money. Authorizes injunctive relief. Permits an affected individual or sportsman's organization to bring a civil action to recover actual and punitive damages and attorney's fees."}
{"article": "TITLE I--LOWER EAST SIDE TENEMENT NATIONAL HISTORIC SITE, NEW YORK. SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1)(A) immigration, and the resulting diversity of cultural influences, is a key factor in defining the identity of the United States; and (B) many United States citizens trace their ancestry to persons born in nations other than the United States; (2) the latter part of the 19th century and the early part of the 20th century marked a period in which the volume of immigrants coming to the United States far exceeded that of any time prior to or since that period; (3) no single identifiable neighborhood in the United States absorbed a comparable number of immigrants than the Lower East Side neighborhood of Manhattan in New York City; (4) the Lower East Side Tenement at 97 Orchard Street in New York City is an outstanding survivor of the vast number of humble buildings that housed immigrants to New York City during the greatest wave of immigration in American history; (5) the Lower East Side Tenement is owned and operated as a museum by the Lower East Side Tenement Museum; (6) the Lower East Side Tenement Museum is dedicated to interpreting immigrant life within a neighborhood long associated with the immigrant experience in the United States, New York City's Lower East Side, and its importance to United States history; and (7)(A) the Director of the National Park Service found the Lower East Side Tenement at 97 Orchard Street to be nationally significant; and (B) the Secretary of the Interior declared the Lower East Side Tenement a National Historic Landmark on April 19, 1994; and (C) the Director of the National Park Service, through a special resource study, found the Lower East Side Tenement suitable and feasible for inclusion in the National Park System. (b) Purposes.--The purposes of this title are-- (1) to ensure the preservation, maintenance, and interpretation of this site and to interpret at the site the themes of immigration, tenement life in the latter half of the 19th century and the first half of the 20th century, the housing reform movement, and tenement architecture in the United States; (2) to ensure continued interpretation of the nationally significant immigrant phenomenon associated with New York City's Lower East Side and the Lower East Side's role in the history of immigration to the United States; and (3) to enhance the interpretation of the Castle Clinton, Ellis Island, and Statue of Liberty National Monuments. SEC. 102. DEFINITIONS. As used in this title: (1) Historic site.--The term ``historic site'' means the Lower East Side Tenement found at 97 Orchard Street on Manhattan Island in the City of New York, State of New York, and designated as a national historic site by section 103. (2) Museum.--The term ``Museum'' means the Lower East Side Tenement Museum, a nonprofit organization established in the City of New York, State of New York, which owns and operates the tenement building at 97 Orchard Street and manages other properties in the vicinity of 97 Orchard Street as administrative and program support facilities for 97 Orchard Street. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 103. ESTABLISHMENT OF HISTORIC SITE. (a) In General.--To further the purposes of this title and the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.), the Lower East Side Tenement at 97 Orchard Street, in the City of New York, State of New York, is designated a national historic site. (b) Coordination With National Park System.-- (1) Affiliated site.--The historic site shall be an affiliated site of the National Park System. (2) Coordination.--The Secretary, in consultation with the Museum, shall coordinate the operation and interpretation of the historic site with the Statue of Liberty National Monument, Ellis Island National Monument, and Castle Clinton National Monument. The historic site's story and interpretation of the immigrant experience in the United States is directly related to the themes and purposes of these National Monuments. (c) Ownership.--The historic site shall continue to be owned, operated, and managed by the Museum. SEC. 104. MANAGEMENT OF THE HISTORIC SITE. (a) Cooperative Agreement.--The Secretary may enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the national historic site designated by section 103(a). (b) Technical and Financial Assistance.--The Secretary may provide technical and financial assistance to the Museum to mark, interpret, and preserve the historic site, including making preservation-related capital improvements and repairs. (c) General Management Plan.-- (1) In general.--The Secretary, in consultation with the Museum, shall develop a general management plan for the historic site that defines the role and responsibility of the Secretary with regard to the interpretation and the preservation of the historic site. (2) Integration with national monuments.--The plan shall outline how interpretation and programming for the historic site shall be integrated and coordinated with the Statue of Liberty National Monument, Ellis Island National Monument, and Castle Clinton National Monument to enhance the story of the historic site and these National Monuments. (3) Completion.--The plan shall be completed not later than 2 years after the date of enactment of this Act. (d) Limited Role of Secretary.--Nothing in this title authorizes the Secretary to acquire the property at 97 Orchard Street or to assume overall financial responsibility for the operation, maintenance, or management of the historic site. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this title. TITLE II--OTHER MATTERS SEC. 201. CASA MALPAIS NATIONAL HISTORIC LANDMARK, ARIZONA. (a) Findings.--The Congress finds and declares that-- (1) the Casa Malpais National Historic Landmark was occupied by one of the largest and most sophisticated Mogollon communities in the United States; (2) the landmark includes a 58-room masonry pueblo, including stairways, Great Kiva complex, and fortification walls, a prehistoric trail, and catacomb chambers where the deceased were placed; (3) the Casa Malpais was designated as a national historic landmark by the Secretary of the Interior in 1964; and (4) the State of Arizona and the community of Springerville are undertaking a program of interpretation and preservation of the landmark. (b) Purpose.--It is the purpose of this section to assist in the preservation and interpretation of the Casa Malpais National Historic Landmark for the benefit of the public. (c) Cooperative Agreements.-- (1) In general.--In furtherance of the purpose of this section, the Secretary of the Interior is authorized to enter into cooperative agreements with the State of Arizona and the town of Springerville, Arizona, pursuant to which the Secretary may provide technical assistance to interpret, operate, and maintain the Casa Malpais National Historic Landmark and may also provide financial assistance for planning, staff training, and development of the Casa Malpais National Historic Landmark, but not including other routine operations. (2) Additional provisions.--Any such agreement may also contain provisions that-- (A) the Secretary, acting through the Director of the National Park Service, shall have right to access at all reasonable times to all public portions of the property covered by such agreement for the purpose of interpreting the landmark; and (B) no changes or alterations shall be made in the landmark except by mutual agreement between the Secretary and the other parties to all such agreements. (d) Appropriations.--There are authorized to be appropriated such sums as may be necessary to provide financial assistance in accordance with this section. SEC. 202. PROVISION FOR ROADS IN PICTURED ROCKS NATIONAL LAKESHORE. Section 6 of the Act of October 15, 1966, entitled ``An Act to establish in the State of Michigan the Pictured Rocks National Lakeshore, and for other purposes'' (16 U.S.C. 460s-5), is amended as follows: (1) In subsection (b)(1) by striking ``including a scenic shoreline drive'' and inserting ``including appropriate improvements to Alger County Road H-58''. (2) By adding at the end the following new subsection: ``(c) Prohibition of Certain Construction.--A scenic shoreline drive may not be constructed in the Pictured Rocks National Lakeshore.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "TABLE OF CONTENTS: Title I: Lower East Side Tenement National Historic Site, New York Title II: Other Matters Title I: Lower East Side Tenement National Historic Site, New York - Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a national historic site and an affiliated site of the National Park System. Requires the Secretary of the Interior to coordinate the operation and interpretation of the Site with the Statue of Liberty, Ellis Island, and Castle Clinton National Monuments. Provides that the Site shall continue to own, operate, and manage the Lower East Side Tenement Museum. Authorizes the Secretary to enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the Site. Requires the Secretary to develop a general management plan for the Site that: (1) defines the Secretary's role and responsibility with regard to the interpretation and preservation of the Site; and (2) outlines how interpretation and programming for the Site shall be integrated and coordinated with the Statute of Liberty, Ellis Island, and Castle Clinton National Monuments to enhance the story of the Site and Monuments. Authorizes appropriations. Title II: Other Matters - Authorizes the Secretary of the Interior to enter into cooperative agreements to provide to Arizona and the town of Springerville, Arizona, technical assistance to interpret, operate, and maintain the Casa Malpais National Historical Landmark and financial assistance for planning, staff training, and development of the Landmark, but not other routine operations. Provides that such agreements may also: (1) grant the Secretary, acting through the National Park Service, access to public portions of the property covered by the agreements for the purpose of interpreting the Landmark; and (2) prohibit changes or alterations to the Landmark except by mutual agreement between the Secretary and the other parties to all such agreements. Authorizes appropriations. Amends Federal law to include in the land and water use management plan for the Pictured Rocks National Lakeshore, Michigan, provisions for appropriate improvements to Alger County Road H-58. Prohibits construction of a scenic shoreline drive in the Lakeshore."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Modernizing Outdated and Vulnerable Equipment and Information Technology Act of 2016'' or the ``MOVE IT Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) National Institute of Standards and Technology Special Publication 800-145 describes cloud computing as an evolving paradigm for information technology that is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (i.e., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. (2) Together, the efficiencies, cost savings, and greater computing power enabled by cloud computing has the potential to-- (A) eliminate inappropriate duplication, reduce costs, and address waste, fraud, and abuse in providing Government services that are publicly available; (B) address the critical need for cybersecurity by design; and (C) move the Federal Government into a broad digital-services delivery model that could transform the fashion in which the Federal Government provides services to the people of the United States. (b) Purposes.--The purposes of this Act are to-- (1) accelerate the acquisition and deployment of cloud computing services by addressing key impediments and roadblocks in funding, development, and acquisition practices; (2) support and expand an efficient Federal certification standard for qualifying cloud services providers under the Federal Risk and Authorization Management Program using a ``qualify once, use many times'' efficiency model that strikes an appropriate balance between-- (A) encouraging the adoption of strong security practices to protect against the harm of cyber intrusions and hacks; and (B) avoiding the imposition of unduly burdensome and restrictive requirements on cloud computing service providers that would deter investment in innovative cloud computing services; (3) assist agencies in migrating to cloud computing services by providing guidance and oversight of agency enterprise-wide information technology portfolios suitable for and identifiable as suitable for a cloud-based delivery model; and (4) provide for Federal agencies to procure cloud computing services that adhere to sound security practices. SEC. 3. FEDERAL RISK AND AUTHORIZATION MANAGEMENT PROGRAM. (a) In General.--Except as provided under subsection (b), a covered agency may not store or process Government information on a Federal information system with any cloud service provider, unless the provider has an authorization to operate, or a provisional authorization to operate, covering the proposed scope of work, from the covered agency or the Joint Authorization Board. A covered agency operating under a provisional authorization to operate shall issue an authorization to operate as soon as practicable and may not rely on the provisional authorization to operate for the duration of the scope of work. (b) Waiver of Requirements.-- (1) In general.--The Director of National Intelligence, or a designee of the Director, may waive the applicability to any national security system of any provision of this section if the Director of National Intelligence, or the designee, determines that such waiver is in the interest of national security. (2) Notification.--Not later than 30 days after exercising a waiver under this subsection, the Director of National Intelligence, or the designee of the Director, as the case may be, shall submit to the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate and the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives a statement describing and justifying the waiver. (c) Rule of Construction.--Nothing in this section shall be construed as limiting the ability of the Office of Management and Budget to update or modify Federal guidelines relating to the security of cloud computing. SEC. 4. EXPANDED INDUSTRY COLLABORATION AND METRICS DEVELOPMENT FOR THE FEDERAL RISK AND AUTHORIZATION MANAGEMENT PROGRAM OFFICE. (a) In General.--The Director shall coordinate with the Federal Risk and Authorization Management Program Office to establish mandatory guidelines for the submission of an application for an authorization to operate and related materials to the Federal Risk and Authorization Management Program Office. (b) Contents.--The guidelines established under subsection (a) shall streamline and accelerate the Federal Risk and Authorization Management Program accreditation process by meeting the following requirements: (1) Not less frequently than monthly, report to the applicant the status, expected time to completion, and other key indicators related to compliance for an application for authorization to operate submitted to the Federal Risk and Authorization Management Program Office. (2) Enhanced training and industry liaison opportunities for covered agencies and cloud service providers. (3) A clarification of-- (A) the role and authority of third party assessment organization in the Federal Risk and Authorization Management Program process for authorizations to operate by covered agencies; (B) the extent to which the Federal Risk and Authorization Management Program Office may identify and begin to accept or rely upon certifications from other standards development organizations or third party assessment organization; and (C) the responsibility of covered agencies to sponsor a Federal Risk and Authorization Management Program authorization to operate as part of making Federal Risk and Authorization Management Program compliance a condition for entering into a contract or providing cloud computing services to a covered agency. (c) FedRAMP Liaison Group.-- (1) In general.--The Director, in coordination with the Program Management Office and the National Institute of Standards and Technology, shall host a public-private industry cloud commercial working group (in this subsection referred to as the ``FedRAMP Liaison Group'') representing cloud service providers. (2) Composition and functions.--The FedRAMP Liaison Group-- (A) shall include representatives of cloud service providers; (B) may include such working groups as are determined appropriate by the FedRAMP Liaison Group; (C) shall be hosted by the General Services Administration, who shall convene plenary meetings on a quarterly basis with individual working groups meeting as frequently as determined by the group; and (D) shall consult with and provide recommendations directly to the Program Management Office and the Joint Authorization Board of the Federal Risk and Authorization Management Program regarding the operations, processes improvements, and best practices of the Office and Board. (3) FACA exemption.--The Federal Advisory Committee Act shall not apply to the FedRAMP Liaison Group. (d) Providing Dedicated Agency Support.--The Program Management Office shall work with each covered agency to support and guide the efforts of the agency-- (1) to establish and issue the authorization to operate for the agency; (2) to facilitate authorization approval, support, and direct interfacing with cloud service providers; and (3) to facilitate partnership among agencies to efficiently support activities related to obtaining an authorization to operate. (e) Metrics.--The Director, in coordination with the National Institute of Standards and Technology and the FedRAMP Liaison Group, shall establish key performance metrics for the Federal Risk and Authorization Management Program Office, which shall include-- (1) recommendations for maximum time limits for the completion of authorizations to operate by service categories of cloud service providers, not to exceed six months; (2) targets for the streamlining of the authorization to operate through the use of innovative templates and transparent submission requirements; and (3) recommendations for satisfying Federal continuous monitoring requirements. (f) Report Required.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the Committees on Appropriations and Oversight and Government Reform of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate a report on the effectiveness and efficiency of the Federal Risk and Authorization Management Program Office. SEC. 5. ADDITIONAL BUDGET AUTHORITIES FOR THE MODERNIZATION OF IT SYSTEMS. (a) Assessment of Cloud First Implementation.--Not later than 90 days after the date of the enactment of this Act, the Director, in consultation with the Chief Information Officers Council, shall assess cloud computing opportunities and issue policies and guidelines for the adoption of Governmentwide programs providing for a standardized approach to security assessment and operational authorization for cloud computing products and services. (b) Information Technology System Modernization and Working Capital Fund.-- (1) Establishment.--There is established in each covered agency an information technology system modernization and working capital fund (hereafter ``IT working capital fund'') for necessary expenses for the agency described in paragraph (2). (2) Source of funds.--Amounts may be deposited into an IT working capital fund as follows: (A) Reprogramming of funds, including reprogramming of any funds available on the date of enactment of this Act for the operation and maintenance of legacy systems, in compliance with any applicable reprogramming law or guidelines of the Committees on Appropriations of the House of Representatives and the Senate. (B) Transfer of funds, including transfer of any funds available on the date of enactment of this Act for the operation and maintenance of legacy systems, but only if transfer authority is specifically provided for by law. (C) Amounts made available through discretionary appropriations. (3) Use of funds.--An IT working capital fund established under paragraph (1) may be used only for the following: (A) The replacement of a legacy information technology system. (B) The transition to cloud computing and innovative platforms and technologies subject to a transition plan for any project that costs more than $5,000,000 and approved by the Federal Chief Information Officer according to such guidelines as the Office of Management and Budget may designate. (C) To assist and support agency efforts to provide adequate, risk-based, and cost-effective information technology capabilities that address evolving threats to information security. (D) Developmental, modernization, and enhancement activities of information technology. (4) Existing funds.--An IT working capital fund may not be used to supplant funds provided for the operation and maintenance of any system already within an appropriation for the agency at the time of establishment of the IT working capital fund. (5) Reprogramming and transfer of funds.--The head of each covered agency shall prioritize funds within the IT working capital fund to be used initially for cost savings activities approved by the Federal Chief Information Officer, in consultation with the Chief Information Officer of the covered agency. The head of each covered agency may-- (A) reprogram any amounts saved as a direct result of such activities for deposit into the applicable IT working capital fund, consistent with paragraph (2)(A), except that any such reprogramming of amounts in excess of $500,000 shall be reported to the Committees on Appropriations of the House of Representatives and the Senate 30 days ain advance of such reprogramming; and (B) transfer any amounts saved as a direct result of such activities for deposit into the applicable IT working capital fund, consistent with paragraph (2)(B), except that any such transfer of amounts in excess of $500,000 shall be reported to the Committees on Appropriations of the House of Representatives and the Senate 30 days in advance of such transfer. (6) Return of funds.--Any funds deposited into an IT working capital fund must be obligated no later than 3 years after the date of such deposit. Any funds that are unobligated 3 years after such date shall be rescinded and deposited into the general fund of the Treasury and reported to the Committees on Appropriations of the House of Representatives and the Senate. (7) Semiannual report required.--Not later than 6 months after the date of the enactment of this Act, and semiannually thereafter, the head of any covered agency that uses an IT working capital fund shall submit to the Committees on Appropriations and Oversight and Government Reform of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate a report on the obligation and expenditure of funds made available under this section. (c) GAO Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Comptroller General of the United States shall submit to the Committees on Appropriations and Oversight and Government Reform of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate a report-- (1) on the implementation and operation of each IT working capital fund established under this section; (2) that identifies current practices and compares the practices with industry best practices in areas such as the effective oversight and governance of a cloud computing working capital fund; and (3) that describes the basis for the use and operation of an IT working capital fund, the efficacy of the working capital fund to accelerate technology transitions, and recommendations for further improvement for the working capital fund. SEC. 6. DEFINITIONS. In this Act: (1) Authorization to operate.--The term ``authorization to operate'' means an approval and accreditation, including a provisional authorization to operate, regarding the security and operational qualifications of a cloud computing service provider to offer secure, reliable cloud computing service to a covered agency, that may be issued by the Joint Authorization Board, any successor entity, or the head of a covered agency. (2) Cloud computing.--The term ``cloud computing'' has the meaning given that term by the National Institute of Standards and Technology in NIST Special Publication 800-145 and any amendatory or superseding document thereto. (3) Cloud service provider.--The term ``cloud service provider'' means an entity offering cloud computing infrastructure, platforms, or software for commercial and Government entities. (4) Covered agency.--The term ``covered agency'' means each agency listed in section 901(b) of title 31, United States Code. (5) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (6) Federal risk and authorization management program office.--The term ``Federal Risk and Authorization Management Program Office'' or ``Program Management Office'' means the Federal Risk and Authorization Management Program Office, or any successor thereto. (7) Information system.--The term ``information system'' has the meaning given that term under section 3502 of title 44, United States Code. (8) Information technology.--The term ``information technology'' has the meaning given that term under section 11101 of title 40, United States Code. (9) Legacy information technology system.--The term ``legacy information technology system'' means an outdated or obsolete information technology that is no longer supported by the originating vendor or manufacturer. (10) National security system.--The term ``national security system'' has the meaning given that term under section 3552 of title 44, United States Code. (11) Third party assessment organization.--The term ``third party assessment organization'' means a third party accreditation body that conducts a conformity assessment of a cloud service data provider to ensure the provider meets security and operational guidelines issued by the Federal Risk and Authorization Management Program Office.", "summary": "Modernizing Outdated and Vulnerable Equipment and Information Technology Act of 2016 or MOVE IT Act This bill prohibits a covered agency (specified agencies for which there are Chief Financial Officers) from storing or processing government information on a federal information system with any cloud service provider unless the provider has an authorization to operate a cloud computing service from the agency or the Joint Authorization Board. The Office of the Director of National Intelligence (ODNI) may waive the applicability of such prohibition to any national security system in the interest of national security and shall submit a statement justifying such waiver. The ODNI shall: (1) coordinate with the Federal Risk and Authorization Management Program Office (FRAMPO) to establish mandatory guidelines for the submission of an application for such an authorization that shall streamline and accelerate the accreditation process; (2) host a public-private industry cloud commercial working group representing cloud service providers, which shall provide recommendations directly to FRAMPO's Program Management Office and Joint Authorization Board regarding their operations, processes improvements, and best practices; (3) establish key performance metrics for FRAMPO; (4) report on the effectiveness and efficiency of FRAMPO; and (5) assess cloud computing opportunities and issue policies and guidelines for the adoption of government-wide programs providing for a standardized approach to security assessment and operational authorization for cloud computing products and services. There is established in each such agency an information technology system modernization and working capital fund for necessary expenses: for the replacement of a legacy information technology system; for the transition to cloud computing and innovative platforms and technologies; to assist and support efforts to provide information technology capabilities that address evolving threats to information security; and for developmental, modernization, and enhancement activities of information technology. Each agency shall prioritize amounts within such fund to be used initially for cost savings activities approved by the Federal Chief Information Officer. The Government Accountability Office shall report on the implementation and operation of each such fund, current practices compared with industry best practices for the effective oversight and governance of a cloud computing working capital fund, the basis for the fund's use and operation, the fund's efficacy to accelerate technology transitions, and recommendations for improvement."}
{"article": "SECTION 1. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the agreement entitled ``Agreement to Affirm Boundary Between Pueblo of Santa Clara and Pueblo of San Ildefonso Aboriginal Lands Within Garcia Canyon Tract'', entered into by the Governors on December 20, 2000. (2) Boundary line.--The term ``boundary line'' means the boundary line established under section 4(a). (3) Governors.--The term ``Governors'' means-- (A) the Governor of the Pueblo of Santa Clara, New Mexico; and (B) the Governor of the Pueblo of San Ildefonso, New Mexico. (4) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (5) Pueblos.--The term ``Pueblos'' means-- (A) the Pueblo of Santa Clara, New Mexico; and (B) the Pueblo of San Ildefonso, New Mexico. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Trust land.--The term ``trust land'' means the land held by the United States in trust under section 2(a) or 3(a). SEC. 2. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO. (a) In General.--All right, title, and interest of the United States in and to the land described in subsection (b), including improvements on, appurtenances to, and mineral rights (including rights to oil and gas) to the land, shall be held by the United States in trust for the Pueblo of Santa Clara, New Mexico. (b) Description of Land.--The land referred to in subsection (a) consists of approximately 2,484 acres of Bureau of Land Management land located in Rio Arriba County, New Mexico, and more particularly described as-- (1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico Principal Meridian, that is located north of the boundary line; (2) the southern half of T. 20 N., R. 7 E., Sec. 23, New Mexico Principal Meridian; (3) the southern half of T. 20 N., R. 7 E., Sec. 24, New Mexico Principal Meridian; (4) T. 20 N., R. 7 E., Sec. 25, excluding the 5-acre tract in the southeast quarter owned by the Pueblo of San Ildefonso; (5) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico Principal Meridian, that is located north and east of the boundary line; (6) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico Principal Meridian, that is located north of the boundary line; (7) the portion of T. 20 N., R. 8 E., Sec. 19, New Mexico Principal Meridian, that is not included in the Santa Clara Pueblo Grant or the Santa Clara Indian Reservation; and (8) the portion of T. 20 N., R. 8 E., Sec. 30, that is not included in the Santa Clara Pueblo Grant or the San Ildefonso Grant. SEC. 3. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO. (a) In General.--All right, title, and interest of the United States in and to the land described in subsection (b), including improvements on, appurtenances to, and mineral rights (including rights to oil and gas) to the land, shall be held by the United States in trust for the Pueblo of San Ildefonso, New Mexico. (b) Description of Land.--The land referred to in subsection (a) consists of approximately 2,000 acres of Bureau of Land Management land located in Rio Arriba County and Santa Fe County in the State of New Mexico, and more particularly described as-- (1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico Principal Meridian, that is located south of the boundary line; (2) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico Principal Meridian, that is located south and west of the boundary line; (3) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico Principal Meridian, that is located south of the boundary line; (4) T. 20 N., R. 7 E., Sec. 34, New Mexico Principal Meridian; and (5) the portion of T. 20 N., R. 7 E., Sec. 35, New Mexico Principal Meridian, that is not included in the San Ildefonso Pueblo Grant. SEC. 4. SURVEY AND LEGAL DESCRIPTIONS. (a) Survey.--Not later than 180 days after the date of enactment of this Act, the Office of Cadastral Survey of the Bureau of Land Management shall, in accordance with the Agreement, complete a survey of the boundary line established under the Agreement for the purpose of establishing, in accordance with sections 2(b) and 3(b), the boundaries of the trust land. (b) Legal Descriptions.-- (1) Publication.--On approval by the Governors of the survey completed under subsection (a), the Secretary shall publish in the Federal Register-- (A) a legal description of the boundary line; and (B) legal descriptions of the trust land. (2) Technical corrections.--Before the date on which the legal descriptions are published under paragraph (1)(B), the Secretary may correct any technical errors in the descriptions of the trust land provided in sections 2(b) and 3(b) to ensure that the descriptions are consistent with the terms of the Agreement. (3) Effect.--Beginning on the date on which the legal descriptions are published under paragraph (1)(B), the legal descriptions shall be the official legal descriptions of the trust land. SEC. 5. ADMINISTRATION OF TRUST LAND. (a) In General.--Beginning on the date of enactment of this Act-- (1) the land held in trust under section 2(a) shall be declared to be a part of the Santa Clara Indian Reservation; and (2) the land held in trust under section 3(a) shall be declared to be a part of the San Ildefonso Indian Reservation. (b) Applicable Law.-- (1) In general.--The trust land shall be administered in accordance with any law (including regulations) or court order generally applicable to property held in trust by the United States for Indian tribes. (2) Pueblo lands act.--The following shall be subject to section 17 of the Act of June 7, 1924 (commonly known as the ``Pueblo Lands Act'') (25 U.S.C. 331 note): (A) The trust land. (B) Any land owned as of the date of enactment of this Act or acquired after the date of enactment of this Act by the Pueblo of Santa Clara in the Santa Clara Pueblo Grant. (C) Any land owned as of the date of enactment of this Act or acquired after the date of enactment of this Act by the Pueblo of San Ildefonso in the San Ildefonso Pueblo Grant. (c) Use of Trust Land.-- (1) In general.--Subject to the criteria developed under paragraph (2), the trust land may be used only for-- (A) traditional and customary uses; or (B) stewardship conservation for the benefit of the Pueblo for which the trust land is held in trust. (2) Criteria.--The Secretary shall work with the Pueblos to develop appropriate criteria for using the trust land in a manner that preserves the trust land for traditional and customary uses or stewardship conservation. (3) Limitation.--Beginning on the date of enactment of this Act, the trust land shall not be used for any new commercial developments. SEC. 6. EFFECT. Nothing in this Act-- (1) affects any valid right-of-way, lease, permit, mining claim, grazing permit, water right, or other right or interest of a person or entity (other than the United States) that is-- (A) in or to the trust land; and (B) in existence before the date of enactment of this Act; (2) enlarges, impairs, or otherwise affects a right or claim of the Pueblos to any land or interest in land that is-- (A) based on Aboriginal or Indian title; and (B) in existence before the date of enactment of this Act; (3) constitutes an express or implied reservation of water or water right with respect to the trust land; or (4) affects any water right of the Pueblos in existence before the date of enactment of this Act.", "summary": "(Sec. 2) Declares the right, title, and interest of the United States in certain tracts of land in Rio Arriba County and in Rio Arriba and Santa Fe Counties, New Mexico, to be held in trust for the Pueblo of Santa Clara and the Pueblo of San Ildefonso, respectively (including mineral rights).(Sec. 4) Directs the Office of Cadastral Survey to conduct a survey of the boundary lines between the properties.(Sec. 5) Declares the lands held in trust to be part of the Santa Clara Indian Reservation and the San Ildefonso Indian Reservation and directs that they be administered in accordance with any law (including regulations) or court order generally applicable to property held by the U.S. Government in trust for Indian tribes. Subjects the trust lands and other lands in the Santa Clara Pueblo Grant and the San Ildefonso Pueblo Grant that are held by the respective tribes or subsequently acquired by them to the Pueblo Lands Act of 1924.Requires trust lands to be used only for traditional or customary uses or stewardship conservation. Prohibits trust lands from being used for any new commercial developments beginning on the date of the enactment of this Act.(Sec. 6) Prohibits this Act from being construed to: (1) affect any person's (other than the United States') existing right-of-way, lease, permit, mining claim, grazing permit, water right, or other right or interest in or to the trust lands; (2) affect any existing right or claim of either Pueblo to any lands or interest in lands based upon Aboriginal or Indian title; or (3) constitute the reservation of water or water rights in the trust lands or any change in status of water rights of either Pueblo."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Expansion and Job Creation Act of 2010''. SEC. 2. EXTENSION OF INCREASE IN LIMITATION ON EXPENSING OF CERTAIN DEPRECIABLE BUSINESS ASSETS. (a) Extension of Increased Limitations.--Paragraph (7) of section 179(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or 2009'' and inserting ``2009, or 2010'', and (2) by striking ``and 2009'' in the heading and inserting ``2009, and 2010''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 3. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED DURING 2010. (a) Extension of Special Allowance.-- (1) In general.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``January 1, 2011'' and inserting ``January 1, 2012'', and (B) by striking ``January 1, 2010'' each place it appears and inserting ``January 1, 2011''. (2) Conforming amendments.-- (A) The heading for subsection (k) of section 168 of such Code is amended by striking ``2010'' and inserting ``2011''. (B) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre- january 1, 2010'' and inserting ``pre-january 1, 2011''. (C) Subparagraph (B) of section 168(l)(5) of such Code is amended by striking ``January 1, 2009'' and inserting ``January 1, 2010''. (D) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking ``January 1, 2009'' and inserting ``January 1, 2010''. (E) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2009'' and inserting ``January 1, 2010''. (b) Extension of Election To Accelerate the AMT and Research Credits in Lieu of Bonus Depreciation.--Paragraph (4) of section 168(k) of such Code (relating to election to accelerate the AMT and research credits in lieu of bonus depreciation) is amended-- (1) by striking ``January, 1, 2010'' and inserting ``January 1, 2011'' in subparagraph (D)(iii), and (2) by adding at the end the following new subparagraph: ``(I) Special rules for 2010 extension property.-- ``(i) Taxpayers previously electing acceleration.--In the case of a taxpayer who made the election under subparagraph (A) for its first taxable year ending after March 31, 2008, or under subparagraph (H) for its first taxable year ending after December 31, 2008-- ``(I) the taxpayer may elect not to have this paragraph apply to 2010 extension property, but ``(II) if the taxpayer does not make the election under subclause (I), in applying this paragraph to the taxpayer a separate bonus depreciation amount, maximum amount, and maximum increase amount shall be computed and applied to eligible qualified property which is 2010 extension property. ``(ii) Taxpayers not previously electing acceleration.--In the case of a taxpayer who did not make the election under subparagraph (A) for its first taxable year ending after March 31, 2008, or under subparagraph (H) for its first taxable year ending after December 31, 2008-- ``(I) the taxpayer may elect to have this paragraph apply to its first taxable year ending after December 31, 2009, and each subsequent taxable year, and ``(II) if the taxpayer makes the election under subclause (I), this paragraph shall only apply to eligible qualified property which is 2010 extension property. ``(iii) 2010 extension property.--For purposes of this subparagraph, the term `2010 extension property' means property which is eligible qualified property solely by reason of the extension of the application of the special allowance under paragraph (1) pursuant to the amendments made by section 2(a) of the Small Business Expansion and Job Creation Act of 2010 (and the application of such extension to this paragraph pursuant to the amendment made by section 2(b)(1) of such Act).''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2009, in taxable years ending after such date.", "summary": "Small Business Expansion and Job Creation Act of 2010 - Amends the Internal Revenue Code to extend through 2010: (1) the increased ($250,000) expensing allowance for depreciable business assets; (2) the additional 50% depreciation allowance for certain types of investment property acquired in 2010; and (3) the election to accelerate the tax credits for the alternative minimum tax and research expenditures in lieu of bonus depreciation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Home-Assembled Firearms Restriction Act of 2015''. SEC. 2. DO-IT-YOURSELF ASSAULT WEAPON BAN. (a) Banned Hazardous Products.--Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the following shall be considered banned hazardous products under section 8 of such Act (15 U.S.C. 2057): (1) A firearm receiver casting or firearm receiver blank that-- (A) at the point of sale does not meet the definition of a firearm in section 921(a) of title 18, United States Code; and (B) after purchase by a consumer, can be completed by the consumer to the point at which such casting or blank functions as a firearm frame or receiver for a semiautomatic assault weapon or machine gun. (2) An assault weapon parts kit. (3) A machinegun parts kit. (b) Enforcement.--Subsection (a) shall be treated as a ban under section 19 of the Consumer Product Safety Act (15 U.S.C. 2068). (c) Consultation.--In enforcing this section, the Consumer Product Safety Commission shall periodically consult with the Bureau of Alcohol, Tobacco, Firearms and Explosives regarding effective strategies for and methods of enforcement. SEC. 3. PROHIBITION OF ADVERTISING DO-IT-YOURSELF ASSAULT WEAPONS. (a) In General.--It shall be unlawful to market or advertise, on any medium of electronic communications, including over the Internet, for the sale of any of the following: (1) A firearm receiver casting or firearm receiver blank that-- (A) at the point of sale does not meet the definition of a firearm in section 921(a) of title 18, United States Code; and (B) after purchase by a consumer, can be completed by the consumer to the point at which such casting or blank functions as a firearm frame or receiver for a semiautomatic assault weapon or machinegun. (2) An assault weapon parts kit. (3) A machinegun parts kit. (b) Enforcement by the Federal Trade Commission.--A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (c) Rule of Construction.--Nothing contained in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. SEC. 4. DEFINITIONS. (a) Terms.--For purposes of this Act-- (1) the term ``assault weapon parts kit'' means any part or combination of parts not designed and intended for repair or replacement but designed and intended to enable a consumer who possesses all such necessary parts to assemble a semiautomatic assault weapon; (2) the term ``machinegun parts kit'' means any part or combination of parts designed and intended to enable a consumer who possesses all such necessary parts to assemble a machinegun or convert a firearm into a machinegun; (3) the term ``semiautomatic assault weapon'' means-- (A) a semiautomatic rifle or semiautomatic shotgun that has the capacity to accept a detachable ammunition magazine; or (B) a semiautomatic pistol that has-- (i) the capacity to accept a detachable ammunition magazine; and (ii) any one of the features described in subsection (b); (4) the term ``machinegun'' has the meaning given such term in section 5845(b) of the Internal Revenue Code of 1986; (5) the term ``semiautomatic pistol'' means any repeating pistol that utilizes a portion of the energy of a firing cartridge to extract the fixed cartridge case and chamber the next round and requires a separate pull of the trigger to fire each cartridge; (6) the term ``semiautomatic rifle'' has the meaning given such term in section 921(a)(28) of title 18, United States Code; and (7) the term ``semiautomatic shotgun'' means any repeating shotgun that utilizes a portion of the energy of a firing cartridge to extract the fixed cartridge case and chamber the next round and requires a separate pull of a trigger to fire each cartridge. (b) Special Features of a Semiautomatic Pistol.--The special features described in subsection (a)(3)(B)(ii) are-- (1) an ammunition magazine that attaches to the pistol outside of the pistol grip; (2) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; (3) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned; (4) a manufactured weight of 50 ounces or more when the pistol is unloaded; and (5) a semiautomatic version of an automatic firearm. SEC. 5. CONSTRUCTION. Nothing in this Act shall be construed as limiting the ability of a State to enact more restrictive gun-related laws, or bans on firearm receiver castings, firearm receiver blanks, assault weapon parts kits, or machinegun parts kits.", "summary": "Home-Assembled Firearms Restriction Act of 2015 Considers as a banned hazardous product under the Consumer Product Safety Act: (1) any firearm receiver casting or firearm receiver blank (do-it-yourself assault weapon) that does not meet the definition of a firearm under the federal criminal code at the point of sale but that can be completed after purchase by the consumer to function as a firearm frame or receiver for a semiautomatic assault weapon or machine gun, or (2) an assault weapon parts kit or machine gun parts kit. Makes it unlawful to market or advertise any of such weapons for sale on any medium of electronic communications, including over the Internet. Requires marketing or advertising violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Academic, Social, and Emotional Learning Act of 2011''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) To succeed in school, students need to be engaged. They need to know how to maintain focus and effort in the face of setbacks, work effectively with others, and be good communicators and problem-solvers. (2) Social and emotional skills form a foundation for young people's success not just in school, but as healthy and caring adults, productive workers, and engaged citizens. (3) Not only can these skills be taught, they can be taught by regular classroom teachers in schools of every type to students of every background. (4) Academic outcomes resulting from social and emotional learning include greater motivation to learn and commitment to school, increased time devoted to schoolwork and mastery of subject matter, improved attendance, graduation rates, grades, and test scores. (5) These positive outcomes increase in students who are involved in social and emotional learning programming by an average of 11 percentile points over students who are not involved in such programming. (6) Social and emotional learning programming also results in reduced problem behavior, improved health outcomes, a lower rate of violent delinquency, and a lower rate of heavy alcohol use. SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT. (a) Teacher and Principal Training and Recruiting Fund.--Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) in section 2113(c)(2)-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and insert ``; and''; and (C) by adding at the end the following: ``(C) train teachers and principals in practices that have demonstrated effectiveness in improving student achievement, attainment, and behavior through addressing the social and emotional development needs of students, such as through social and emotional learning programming.''; and (2) in section 2123(a)(3)(B)(iii)-- (A) by striking ``and'' at the end of (I); (B) by redesignating subclause (II) as subclause (III); and (C) by inserting after subclause (I) the following: ``(II) addressing the social and emotional development needs of students to improve student achievement and attainment, such as through social and emotional learning programming; and''. (b) Definitions.--Section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended by adding at the end the following: ``(44) Social and emotional learning.--The term `social and emotional learning' means the process through which children and adults acquire the knowledge, attitudes, and skills associated with the core areas of social and emotional competency, including-- ``(A) self-awareness and self-management to achieve school and life success, such as identifying and recognizing strengths, needs, emotions, values and self-efficacy, impulse control and stress management, self-motivation and discipline, and goal setting and organizational skills; ``(B) social awareness and interpersonal skills to establish and maintain positive relationships, such as perspective taking and respect for others, communication, working cooperatively, negotiation, conflict management, and help seeking; and ``(C) decisionmaking skills and responsible behaviors in personal, academic and community contexts, such as situational analysis, problem solving, reflection and personal, and social and ethical responsibility. ``(45) Social and emotional learning programming.--The term `social and emotional learning programming' refers to classroom instruction and schoolwide activities and initiatives that-- ``(A) integrate social and emotional learning into school curriculum; ``(B) provide systematic instruction whereby social and emotional skills are taught, modeled, practiced, and applied so that students use them as part of their daily behavior; ``(C) teach children to apply social and emotional skills to prevent specific problem behaviors such as substance use, violence, bullying, and school failure, and to promote positive behaviors in class, school, and community activities; and ``(D) establish safe and caring learning environments that foster student participation, engagement, and connection to learning and school.''.", "summary": "Academic, Social, and Emotional Learning Act of 2011 - Amends title II of the Elementary and Secondary Education Act of 1965 to include teacher and principal training in practices that address the social and emotional development needs of students among the activities funded under the Teacher and Principal Training and Recruiting Fund program. Allows funded training to include training in classroom instruction and schoolwide initiatives that enable students to acquire the knowledge, attitudes, and skills most conducive to social and emotional competency."}
{"article": "SECTION 1. EXTENSION OF PROBATIONARY PERIOD FOR POSITIONS WITHIN THE COMPETITIVE SERVICE. (a) In General.--Section 3321 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``The President'' and inserting ``Subject to subsections (c) and (d), the President''; (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following: ``(c)(1) Except as provided in paragraph (2), the length of a probationary period established under paragraph (1) or (2) of subsection (a) shall be-- ``(A) with respect to any position that requires formal training, a period of 2 years beginning on the date that such formal training is completed; ``(B) with respect to any position that requires a license, a period of 2 years beginning on the date that such license is granted; and ``(C) with respect to any position not covered by subparagraph (A) or (B), not less than 2 years. ``(2) The length of a probationary period established under paragraph (1) or (2) of subsection (a) in the case of a preference eligible shall be not longer than-- ``(A) if the appointment (as referred to in subsection (a)(1)) or the initial appointment (as referred to in subsection (a)(2)) is to a position that exists on the effective date of this subsection, the length of the probationary period which applies to such position as of such effective date; or ``(B) if the appointment (as referred to in subsection (a)(1)) or the initial appointment (as referred to in subsection (a)(2)) is to a position that does not exist on the effective date of this subsection, such length of time as the President may establish, consistent with the purposes of this subparagraph. ``(3) In paragraph (1)-- ``(A) the term `formal training' means, with respect to any position, a training program required by law, rule, or regulation, or otherwise required by the employing agency, to be completed by the employee before the employee is able to successfully execute the duties of the applicable position; and ``(B) the term `license' means a license, certification, or other grant of permission to engage in a particular activity. ``(d) The head of each agency shall, in the administration of this section, take appropriate measures to ensure that-- ``(1) any announcement of a vacant position within such agency and any offer of appointment made to any individual with respect to any such position shall clearly state the terms and conditions of the probationary period applicable to such position; ``(2) any individual who is required to complete a probationary period under this section shall receive timely notice of the performance and other requirements which must be met in order to successfully complete the probationary period; and ``(3) upon successful completion of a probationary period under this section, certification to that effect shall be made, supported by a brief statement of the basis for that certification, in such form and manner as the President may by regulation prescribe.''. (b) Technical Amendment.--Section 3321(e) of title 5, United States Code (as so redesignated by subsection (a)(2)) is amended by striking ``Subsections (a) and (b)'' and inserting ``Subsections (a) through (d)''. (c) Effective Date.--This section and the amendments made by this section-- (1) shall take effect 180 days after the date of enactment of this Act; and (2) shall apply in the case of any appointment (as referred to in section 3321(a)(1) of title 5, United States Code) and any initial appointment (as referred to in section 3321(a)(2) of such title) taking effect on or after the date on which this section takes effect. SEC. 2. EXTENSION OF PROBATIONARY PERIOD FOR POSITIONS WITHIN THE SENIOR EXECUTIVE SERVICE . (a) In General.--Section 3393(d) of title 5, United States Code, is amended by striking ``1-year'' and inserting ``2-year''. (b) Conforming Amendment.--Section 3592(a)(1) of such title is amended by striking ``1-year'' and inserting ``2-year''. SEC. 3. APPEALS FROM ADVERSE ACTIONS. (a) Subchapter I of Chapter 75 of Title 5.--Section 7501(1) of title 5, United States Code, is amended-- (1) by striking ``1 year'' the first place it appears and inserting ``not less than 2 years''; and (2) by striking ``1 year'' the second place it appears and inserting ``2 years''. (b) Subchapter II of Chapter 75 of Title 5.--Section 7511(a)(1) of title 5, United States Code, is amended-- (1) in subparagraph (A)(ii), by striking ``1 year'' the first place it appears and inserting ``not less than 2 years''; and (2) in subparagraph (C)(ii), by striking ``2 years'' the first place it appears and inserting ``not less than 2 years''. (c) Effective Date.--The amendments made by subsections (a) and (b)-- (1) shall take effect 180 days after the date of enactment of this Act; and (2) shall apply in the case of any individual whose period of continuous service (as referred to in the provision of law amended by paragraph (1) or (2) of subsection (b), as the case may be) commences on or after the date on which this section takes effect.", "summary": ". (Sec. 1) This bill requires the probationary period before an appointment in the competitive civil service or an initial appointment as a supervisor or manager becomes final to be: (1) with respect to any position that requires formal training, a period of two years beginning on the date that such training is completed; (2) with respect to any position that requires a license, a period of two years beginning on the date that such license is granted; and (3) with respect to any other position, at least two years. The probationary period for a preference eligible (i.e., a veteran) initially appointed to a position that exists as of 180 days after the enactment of this Act shall not be longer than the period that applies on such date. The probationary period for a preference eligible appointed to a position that does not exist on such date shall not be longer than the length of time the President establishes. Each agency must ensure that: (1) announcements of vacant positions and offers of appointment clearly state the terms and conditions of the probationary period, (2) individuals who are required to complete probationary periods receive timely notice of requirements to successfully complete the probationary period, and (3) certification of such successful completion is made. (Sec. 2) The bill increases from one to two years the probationary period after which an individual's appointment as a career appointee in the Senior Executive Service becomes final. (Sec. 3) The definition of \"employee\" for purposes of adverse action provisions is revised to mean an individual in the competitive service or in the excepted service who has completed at least two years (currently, one year) of current continuous service in the same or a similar position."}
{"article": "S. (a) Contents of Congressional Budget Resolutions.--Section 301(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following new sentence: ``The concurrent resolution on the budget for fiscal year 2006 or for any ensuing fiscal year shall be consistent with the spending limitation specified in section 1105(i) of title 31, United States Code.''. (b) Spending Limitation Point of Order.--Section 312 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(g) Spending Limitation Point of Order.--(1) It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget for fiscal year 2006 or for any fiscal year thereafter, or any amendment thereto or conference report thereon, that is not consistent with the spending limitation specified in section 1105(i) of title 31, United States Code. ``(2) Paragraph (1) may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of two- thirds of the Members, duly chosen and sworn. An affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the chair on such point of order. Appeals in the Senate from the decisions of the chair relating to paragraph (1) shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution.''. SEC. 13. REDUCTION OF FICA RATES RESULTING FROM PERSONAL SOCIAL SECURITY SAVINGS PROGRAM. (a) Employee Contribution.--Section 3101 of the Internal Revenue Code of 1986 (relating to tax on employees) is amended by adding at the end the following new subsection: ``(d) Reduction in Old-Age, Survivors, and Disability Insurance Tax Rate.-- ``(1) In general.--In any year which follows a reduction year and each year thereafter, the rate of tax imposed under subsection (a) shall be reduced by the reduction percentage. ``(2) Reduction year.--For purposes of this section-- ``(A) In general.--The term `reduction year' means any year after the transition year in which the OASDI rate ratio exceeds 125 percent. ``(B) Transition year.--The term `transition year' means the first full calendar year following the termination year (as defined in section 4(b)(2) of the Social Security Personal Savings Guarantee and Prosperity Act of 2004). ``(3) Reduction percentage.--For purposes of this section, the term `reduction percentage' means the excess of-- ``(A) the rate in effect under subsection (a) for the reduction year, over ``(B) the rate (rounded up to the nearest one tenth of a percent) under which the OASDI rate ratio for the reduction year would have been 125 percent if-- ``(i) such rate had been applicable under subsection (a) and section 3111(a) during such year, and ``(ii) the rate under section 1401(a) during such year were twice such rate. ``(4) OASDI rate ratio.--The term `OASDI rate ratio' means, with respect to any calendar year, the ratio-- ``(A) the numerator of which is the combined balance in the Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as of the last day of such calendar year, and ``(B) the denominator of which is the amount paid from such Trust Funds during such calendar year for all purposes authorized by section 201 of the Social Security Act (excluding any transfer payments between such Trust Funds and reducing the amount of any transfer to the Railroad Retirement Account by the amount of any transfers into either such Trust Fund from such Account). ``(5) Limitation on reduction.--Paragraph (1) shall not apply to any reduction to the extent that such reduction would cause the rate of tax imposed under subsection (a) to be less than 4.95 percent.''. (b) Employer Contribution.--Section 3111 of the Internal Revenue Code of 1986 (relating to tax on employers) is amended by adding at the end the following new subsection: ``(d) Reduction in Old-Age, Survivors, and Disability Insurance Tax Rate.-- ``(1) In general.--In any year which follows a reduction year and each year thereafter, the rate of tax imposed under subsection (a) shall be reduced by the reduction percentage. ``(2) Reduction year; reduction percentage.--For purposes of this section, the terms `reduction year' and `reduction percentage' have the meanings given such terms by section 3101(d). ``(3) Limitation on reduction.--Paragraph (1) shall not apply to any reduction to the extent that such reduction would cause the rate of tax imposed under subsection (a) to be less than 4.95 percent.''. (c) Self-Employment Contribution.--Section 1401 of the Internal Revenue Code of 1986 (relating to tax on self-employment income) is amended by adding at the end the following new subsection: ``(d) Reduction in Old-Age, Survivors, and Disability Insurance Tax Rate.-- ``(1) In general.--In any year which follows a reduction year and each year thereafter, the rate of tax imposed under subsection (a) shall be reduced by the reduction percentage. ``(2) Reduction year; reduction percentage.--For purposes of this section, the terms `reduction year' and `reduction percentage' have the meanings given such terms by section 3101(d). ``(3) Limitation on reduction.--Paragraph (1) shall not apply to any reduction to the extent that such reduction would cause the rate of tax imposed under subsection (a) to be less than 9.9 percent.''.", "summary": "Social Security Personal Savings Guarantee and Prosperity Act of 2004 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide for the establishment of a voluntary, personal Social Security investment program under a new part B (Personal Social Security Savings Program) where a participating individual is able to invest in tax free personal accounts in a way that is similar to the way Federal employees invest in the Thrift Savings Program. Establishes in the Treasury the Social Security Personal Savings Fund, with personal Social Security savings accounts for deposit of the redirected Social Security contributions of participating individuals as mechanisms for crediting to such individuals amounts held in the Tier I Investment Fund, the Tier II Investment Fund, and Tier III Investment Options, also hereby established. Prescribes rules for personal Social Security savings annuity and other distributions. Establishes in the executive branch of the Government a Personal Social Security Savings Account Board to administer the new part B program. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to provide for adjustment of primary insurance amounts in relation to deposits made to personal Social Security accounts. Directs the Secretary of the Treasury to transfer to the Federal Old-Age and Survivors Insurance Trust Fund amounts equal to the recapture of corporate tax on account yields and of Government savings over baseline. Amends the Internal Revenue Code to exempt the Social Security Personal Savings Fund and each Tier III Investment Option from income taxation. Subjects a personal Social Security savings account to taxes imposed on unrelated business income of charitable, etc. organizations. Excludes from a distributee's gross income any qualified distribution from amounts credited to a personal Social Security savings account from the Social Security Personal Savings Fund or held in a Tier III Investment Option. Creates in the Treasury the Self-Liquidating Social Security Transition Fund for the deposit of OASDI trust fund surplus for the preceding year. Amends SSA to provide for accounting for the OASDI program and the individual Social Security investment program. Amends SSA title VII to prescribe the budgetary treatment of the Social Security trust funds, the Social Security Personal Savings Fund, and taxes on self-employment income and FICA (Federal Insurance Contributions) taxes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Navigation System Sustainability Act of 2013''. SEC. 2. DEFINITIONS. In this Act the term-- (1) ``Great Lakes'' and ``Great Lakes Navigational System'' means-- (A)(i) Lake Superior; (ii) Lake Huron; (iii) Lake Michigan; (iv) Lake Erie; and (v) Lake Ontario; (B) all connecting waters between the lakes referred to in subparagraph (A) used for commercial and recreational navigation; (C) any navigation features in the lakes referred to in subparagraph (A) or waters described in subparagraph (B) that are a Federal operation or maintenance responsibility; and (D) areas of the Saint Lawrence River that are operated or maintained by the Government for commercial navigation. (2) ``eligible operations and maintenance'' has the same meaning as that term is defined in section 214 of the Water Resources Development Act of 1986 (33 U.S.C. 2241); (3) ``Secretary'' means the Secretary of the Army. SEC. 3. GREAT LAKES NAVIGATION SYSTEM. (a) Management of Great Lakes Navigation System.--To sustain the most effective and efficient operation and maintenance of the Great Lakes Navigation System, the Secretary, acting through the Chief of Engineers, shall manage and allocate funding for all of the individually authorized commercial and recreational navigation projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. (b) Cargo Measurements.--Cargo measurements for the purpose of prioritizing annual operations and maintenance budget resources for the Great Lakes Navigation System, and for any of the component projects of the System, shall aggregate the tonnage of all components of the System. SEC. 4. GREAT LAKES SYSTEM SUSTAINABILITY. (a) In General.--The Secretary, acting through the Chief of Engineers, shall establish a program to fund eligible operations and maintenance projects of the Great Lakes Navigation System with the objective of maintaining such projects to their authorized depths and widths. (b) Consultation.--The Secretary shall consult with the Congressional delegations from States that border the Great Lakes in developing annual priorities for the apportionment of funding authorized to be appropriated pursuant to this section. (c) Authorization of Appropriations.--For each of fiscal years 2014 through 2023, there is authorized to be appropriated from the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code $200,000,000 to fund eligible operations and maintenance of the Great Lakes Navigation System. Funds appropriated pursuant to this section may remain available until expended. (d) Cost Share.-- (1) In general.--Of the amounts made available pursuant to subsection (c), the Secretary, acting through the Chief of Engineers, shall give a higher priority to projects described in paragraph (2) than to projects described in paragraph (3). (2) Certain harbors providing a cost share.-- (A) Not subject to harbor maintenance fee.--A Great Lakes Navigation System project that is not subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or successor regulations) and for which the non-Federal sponsor provides a cost share of 50 percent of the costs of eligible operations and maintenance expenses, is eligible for Federal operations and maintenance funds made available pursuant to subsection (c). (B) Subject to harbor maintenance trust fund but no cargo.--A Great Lakes Navigation System project that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or successor regulations), has not had commercial cargo loaded or unloaded from its harbor during the previous 2 fiscal years, and for which the non-Federal sponsor provides a cost share of 50 percent of the costs of eligible operations and maintenance expenses is eligible for Federal operations and maintenance funds made available pursuant to subsection (c). (3) Certain harbors with no cost share.--A Great Lakes Navigation System project that otherwise meets the description in subparagraphs (A) or (B) of paragraph (2), and for which the non-Federal sponsor of the project does not provide a cost share of 50 percent of the costs of eligible operations and maintenance expenses, is eligible to receive Federal operations and maintenance funds made available pursuant to subsection (c) after projects under such subparagraphs are funded.", "summary": "Great Lakes Navigation System Sustainability Act of 2013 - Directs the Secretary of the Army, acting through the Chief of Engineers, to manage and allocate funding for all commercial and recreational navigation projects in the Great Lakes Navigation System as components of a single system, recognizing the interdependence of the projects. Directs the Secretary, acting through the Chief of Engineers, to: (1) establish a program to fund eligible operations and maintenenace projects of the System to their authorized depths and widths, and (2) give higher priority to projects at certain harbors in which a 50% non-federal share of costs of eligible operations and maintenance expenses is provided."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Education Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to help provide fire safety education and training to students attending institutions of higher education. SEC. 3. ESTABLISHMENT OF THE CAMPUS FIRE SAFETY EDUCATION COMPETITIVE GRANT PROGRAM. (a) Authorization of Grant Program.--From the amounts appropriated under section 7, the Secretary, in consultation with the Administrator, shall establish a grant program to award grants, on a competitive basis, to eligible entities for-- (1) initiating, expanding, or improving fire safety education programs at institutions of higher education; and (2) increasing fire safety awareness among students enrolled at such institutions, including students living in off-campus housing. (b) Application.--To seek a grant under this Act, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Selection Priority.--In making grants under this Act, the Secretary shall give priority to eligible entities that plan to use grant funds received under this Act to initiate, expand, or improve fire safety education programs that include educational material specifically prepared for students with physical, sensory, or cognitive disabilities. (d) Grant Period.--Grants under this Act shall be awarded for not longer than a 2-year period, and may be renewed for an additional 2- year period, at the Secretary's discretion. (e) Grant Size.--The Secretary shall ensure that grants awarded under this Act are of sufficient size and scope to enable grantees to carry out all required activities and otherwise meet the purpose of this Act, except that an eligible entity may not be awarded more than $250,000 per fiscal year under this Act. (f) Matching Requirement.--An eligible entity receiving a grant under this Act shall provide non-Federal matching funds in an amount equal to not less than 25 percent of the costs of the activities for which assistance is sought. Such non-Federal matching funds may be in cash or in kind. (g) Supplement Not Supplant.--Funds made available under this Act shall be used to supplement, not supplant, other Federal, State, or private funds that would otherwise be expended to carry out fire safety education programs. SEC. 4. REQUIRED USES OF FUNDS. (a) Required Uses of Funds.--An eligible entity receiving a grant under this Act shall use grant funds to initiate, expand, or improve a fire safety education program that-- (1) in the case of an eligible entity that is an institution of higher education, reaches, to the extent practicable, all students enrolled in the institution of higher education, including students living on-campus and off-campus; (2) is carried out in a manner to ensure maximum exposure to, increased awareness of, and effectuate change in behavior with respect to fire safety by students through-- (A) conducting outreach to students at a minimum of twice per academic year (at the beginning of the fall and spring semesters, or the equivalent); and (B) measures that provide fire safety information to any student upon the request of the student; (3) includes minimum instruction with respect to-- (A) awareness of fire behavior; (B) mechanisms of fire injury and death; (C) common ignition scenarios; (D) fire safety systems such as automatic fire sprinklers; (E) fire alarms; (F) fire extinguishers; and (G) importance of means of egress; and (4) includes a mechanism for carrying out the evaluations described in subsection (b). (b) Evaluations.--Not later than 6 months after the end of an eligible entity's grant period, the eligible entity shall-- (1) conduct an evaluation on the effectiveness of the program carried out by the entity in increasing awareness or improving fire safety behavior at such entity; and (2) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. SEC. 5. REPORTS. (a) Report to Congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to section 4(b)(2) and annually thereafter, the Secretary shall provide to Congress a report that includes the following: (1) The number and types of eligible entities receiving assistance under this Act. (2) The fire safety education programs being implemented with assistance under this Act and the costs of such programs. (3) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this Act in improving the fire safety knowledge of college students. (b) Best Practices Report.--The Secretary, in consultation with the Administrator, shall use the information provided under subsection (a) to publish a report of best practices for initiating, expanding, or improving fire safety education programs that shall be made available to all institutions of higher education and other interested parties. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Fire Administration of the Federal Emergency Management Agency. (2) Fire safety education program.--The term ``fire safety education program'' means a program that provides fire safety and prevention activities. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Eligible entity.--The term ``eligible entity'' means either of the following: (A) An institution of higher education, including an institution of higher education in a collaborative partnership with-- (i) a nonprofit or fire safety organization; (ii) a public safety department; or (iii) a social fraternity or sorority exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)), the active membership of which consists primarily of students in attendance at the institution of higher education. (B) A consortium of institutions of higher education located in the same State. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2011 through 2015.", "summary": "Campus Fire Safety Education Act of 2010 - Directs the Secretary of Education to establish a program to award grants, on a competitive basis, to institutions of higher education or consortiums of such institutions for: (1) initiating, expanding, or improving fire safety education programs; and (2) increasing fire safety awareness among enrolled students. Directs the Secretary to give priority to institutions that plan to use funds to initiate, expand, or improve fire safety education programs that include educational material specifically prepared for students with physical, sensory, or cognitive disabilities. Sets forth provisions regarding grant periods, limits on awards, and matching and other requirements. Requires an institution to use grant funds to initiate, expand, or improve a fire safety education program that: (1) reaches all enrolled students; (2) ensures maximum exposure to and increased awareness of, and that effectuates change in behavior regarding, fire safety by students through conducting outreach to students a minimum of twice per academic year and through measures that provide fire safety information to any student upon request; (3) includes minimum instruction regarding fire behavior, fire injury and death, ignition scenarios, fire safety systems and equipment, and the importance of means of egress; and (4) includes a mechanism for carrying out evaluations of program effectiveness. Requires the Secretary to publish a report of best practices for initiating, expanding, or improving fire safety education programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Manufacturing and Rebuilding Transit Act of 2010'' or the ``SMART Act''. SEC. 2. PREFERENCE IN AWARDING COMPETITIVE TRANSPORTATION INFRASTRUCTURE GRANTS. (a) Preference.--In awarding grants for projects that include the purchase of transit vehicle rolling stock, rail, and supporting equipment, the Secretary of Transportation shall give preference to a project if the manufactured goods to be purchased have a domestic content percentage that-- (1) exceeds otherwise applicable Federal requirements; and (2) in the case of rolling stock, is consistent with industry-recognized standards, if available. (b) Covered Grants.--The grants referred to in subsection (a) are discretionary or competitive grants, loans, loan guarantees, and lines of credit-- (1) authorized under title 23 or 49, United States Code; (2) used to fund in full or in part projects eligible for Federal assistance under such titles; or (3) for transportation infrastructure projects funded under any Act that appropriates amounts for the Department of Transportation. SEC. 3. INCREASING THE TRANSPARENCY OF DOMESTIC CONTENT WAIVERS. (a) Clarity in Domestic Content Regulations.--The Secretary of Transportation shall establish a centralized website that provides rules and guidance, waiver notices, and departmental and agency actions applicable to the domestic content standards of the Federal-aid programs within the jurisdiction of the Department of Transportation. (b) Transparency in Waivers.-- (1) Buy america.--Section 313 of title 23, United States Code, is amended by adding at the end the following: ``(g) Other Limitations on Waivers.-- ``(1) Requests for waivers.--Not later than 7 days after a Federal agency receives a written request for a waiver of any requirement under this section, the head of such agency shall-- ``(A) publish the request on a publicly available agency website in an easily identifiable location; and ``(B) provide the public with a minimum of 30 days for notice and comment before issuing the requested waiver. ``(2) Waivers granted.--Not later than 30 days after a Federal agency decides to waive any requirement under this section, the head of the agency shall publish the decision and the justification for such decision in the Federal Register and on the publicly available website described in paragraph (1). ``(3) Notification of the office of management and budget.--Each Federal agency that grants a waiver of any requirement under this section shall submit to the Director of the Office of Management and Budget-- ``(A) a notification of the application of the exception; and ``(B) a statement describing the procurement and the exception being applied.''. (2) Public transportation assistance.--Section 5323(j) of title 49, United States Code, is amended by adding at the end the following: ``(7) Limitations on waivers.-- ``(A) Requests for waivers.--Not later than 7 days after a Federal agency receives a written request for a waiver of any requirement under this subsection or section 5307(d)(1)(E)(iii), the head of such agency shall-- ``(i) publish the request on a publicly available agency website in an easily identifiable location; and ``(ii) provide the public with a minimum of 30 days for notice and comment before issuing the requested waiver. ``(B) Waivers granted.--Not later than 30 days after a Federal agency decides to waive any requirement under this subsection or section 5307(d)(1)(E)(iii), the head of the agency shall publish the decision and the justification for such decision in the Federal Register and on the publicly available website described in subparagraph (A). ``(C) Notification of the office of management and budget.--Each Federal agency that grants a waiver of any requirement under this subsection or section 5307(d)(1)(E)(iii) shall submit to the Director of the Office of Management and Budget-- ``(i) a notification of the application of the exception; and ``(ii) a statement describing the procurement and the exception being applied.''. (3) Amtrak.--Section 24305(f) of title 49, United States Code, is amended by adding at the end the following: ``(5) Limitations on waivers.-- ``(A) Requests for waivers.--Not later than 7 days after a Federal agency receives a written request for a waiver of any requirement under this subsection, the head of such agency shall-- ``(i) publish the request on a publicly available agency website in an easily identifiable location; and ``(ii) provide the public with a minimum of 30 days for notice and comment before issuing the requested waiver. ``(B) Waivers granted.--Not later than 30 days after a Federal agency decides to waive any requirement under this subsection, the head of the agency shall publish the decision and the justification for such decision in the Federal Register and on the publicly available website described in subparagraph (A). ``(C) Notification of the office of management and budget.--Each Federal agency that grants a waiver of any requirement under this subsection shall submit to the Director of the Office of Management and Budget-- ``(i) a notification of the application of the exception; and ``(ii) a statement describing the procurement and the exception being applied.''. (4) Intercity passenger rail service.--Section 24405(a) of title 49, United States Code, is amended by adding at the end the following: ``(12) Limitations on waivers.-- ``(A) Requests for waivers.--Not later than 7 days after a Federal agency receives a written request for a waiver of any requirement under this subsection, the head of such agency shall-- ``(i) publish the request on a publicly available agency website in an easily identifiable location; and ``(ii) provide the public with a minimum of 30 days for notice and comment before issuing the requested waiver. ``(B) Waivers granted.--Not later than 30 days after a Federal agency decides to waive any requirement under this subsection, the head of the agency shall publish the decision and the justification for such decision in the Federal Register and on the publicly available website described in subparagraph (A). ``(C) Notification of the office of management and budget.--Each Federal agency that grants a waiver of any requirement under this subsection shall submit to the Director of the Office of Management and Budget-- ``(i) a notification of the application of the exception; and ``(ii) a statement describing the procurement and the exception being applied.''. (c) Requirement for Annual Reporting on Exceptions to Domestic Source Requirements for Transportation Investments.-- (1) Report requirement.-- (A) In general.--Not later than 60 days after the end of a fiscal year, the Inspector General of the Department of Transportation shall submit a report to Congress on the acquisitions supported by Federal transportation infrastructure investments which did not satisfy applicable domestic content standards. (B) Contents of report.--The report submitted under subparagraph (A) shall include, for the fiscal year covered by such report-- (i) the number of all domestic content waivers issued for transportation infrastructure, rolling stock, and supporting equipment purchases; (ii) the countries and specifications of the products for which waivers were granted; (iii) an itemized list of all waivers granted with respect to articles, materials, and supplies; (iv) any law that requires procurement of goods from a domestic source; (v) a citation to the treaty, international agreement, or other law under which each waiver was granted, if applicable; (vi) the specific exception under the applicable domestic content standards that was used to purchase such articles, materials, or supplies, if any articles, materials, or supplies were acquired from entities that manufacture articles, materials, or supplies outside of the United States; and (vii) a summary of-- (I) the total procurement funds expended on articles, materials, and supplies manufactured inside the United States; and (II) the total procurement funds expended on articles, materials, and supplies manufactured outside of the United States. SEC. 4. LINK DOMESTIC MANUFACTURERS TO TRANSPORTATION INFRASTRUCTURE AND ROLLING STOCK OPPORTUNITIES. The Secretary of Transportation is authorized to work with the Hollings Manufacturing Partnership Program and other manufacturing- related local intermediaries designated by the Secretary to develop a multi-agency comprehensive plan to expand domestic rail and transit vehicle supply chains with involvement from other applicable Federal agencies or industry consortiums-- (1) to identify United States manufacturers currently producing, or capable of producing, transit and rail vehicles, supporting equipment, component parts, or similarly performing products; (2) to work with partners to identify and address gaps in domestic supply chains; and (3) to establish and carry out a program to award grants to eligible entities in accordance with this Act.", "summary": "Strengthening Manufacturing and Rebuilding Transit Act of 2010 or SMART Act - Requires the Secretary of Transportation (DOT) to give preference to the award of discretionary or competitive grants, loans, loan guarantees, and lines of credit to transportation infrastructure projects, including the purchase of transit vehicle rolling stock, rail, and supporting equipment, in which manufactured goods to be purchased have a domestic content percentage that: (1) exceeds applicable federal requirements; and (2) in the case of rolling stock, is consistent with industry-recognized standards, if available. Directs the Secretary to establish a centralized website that provides rules and guidance, waiver notices, and agency actions of the domestic content standards (Buy America) for DOT federal-aid programs. Requires a federal agency head to subject to public notice and comment any request for waiver, and to publication in the Federal Register and notification to Director of the Office of Management and Budget (OMB) of any waiver, of Buy America requirements involving: (1) federal-aid highway and public transportation projects, (2) AMTRAK acquisition and maintenance of equipment and facilities, and (3) intercity passenger rail service corridor capital assistance projects. Directs the DOT Inspector General to report annually to Congress on acquisitions funded by federal transportation infrastructure investments that do not comply with Buy American requirements. Authorizes the Secretary to work with the Hollings Manufacturing Partnership Program and other manufacturing-related local intermediaries to develop a multi-agency comprehensive plan to expand domestic manufacturer rail and transit vehicle supply chains."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in Neighborhood-focused, Vital, Evidence-based Strategies and Trust to Prevent Crime Act of 2016'' or the ``INVEST to Prevent Crime Act''. SEC. 2. DEMONSTRATION GRANT PROGRAM. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART MM--DEMONSTRATION GRANT PROGRAM ``SEC. 3031. DEFINITIONS. ``In this part-- ``(1) the term `crime hot spot' means a defined geographic area within a target neighborhood where, for not less than 1 year, the occurrence of crime is so frequent that it is highly predictable; ``(2) the term `eligible entity' means a State, unit of local government, Indian tribe, tribal organization, non-profit organization, or institution of higher education that is a member of a community consortium, which includes not less than 1 partner law enforcement agency, that is committed to working with law enforcement agencies, community leaders, and research partners to develop an evidence-based or research-based, cross- sector strategy to revitalize a target neighborhood facing significant crime challenges; ``(3) the term `evidence-based practice' means a program, strategy, or procedure that has been demonstrated as effective by causal evidence, obtained through one or more outcome evaluations; ``(4) the terms `Indian tribe' and `tribal organization' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); ``(5) the term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); ``(6) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; ``(7) the term `target neighborhood' means a defined geographic area that is the focus of a project funded by a grant awarded under this part; and ``(8) the term `unit of local government' means a county, municipality, city, town, township, village, parish, borough, or other unit of general government below the State level. ``SEC. 3032. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General may-- ``(1) make grants to eligible entities to prepare a comprehensive plan for and implement enhancement of the capacity of local and tribal communities to effectively target and address significant crime issues through collaborative cross-sector approaches; and ``(2) provide training and technical assistance to eligible entities that receive grants under this part. ``(b) Project Goals.--Projects funded under this section shall-- ``(1) identify a target neighborhood facing significant crime challenges; ``(2) use evidence-based practices or research-based practices; ``(3) encourage active involvement and leadership from neighborhood residents, business owners, organizations, and others who live, work, or conduct business in the target neighborhood; and ``(4) build cross-sector partnerships to address crime problems from multiple perspectives. ``(c) Applications.-- ``(1) In general.--To receive a planning grant or an implementation grant under this section, an eligible entity shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. ``(2) Combined application.--The Attorney General may develop a procedure under which an eligible entity may apply at the same time and in a single application for a planning grant and an implementation grant under this section, with receipt of the implementation grant conditioned on the successful completion of the activities funded by the planning grant. ``(3) Research partner.-- ``(A) In general.--An applicant for a grant under this section shall identify a research partner, such as an institution of higher education, research center, or State or local agency, to-- ``(i) conduct a detailed crime analysis during the planning period described in subsection (d)(1)(A); and ``(ii) assist the grant recipient to select the most appropriate evidence-based practices or research-based practices to apply based on the research findings. ``(B) Continued assistance.--A research partner described in subparagraph (A) shall remain engaged throughout the duration of the grant by continuing to provide and analyze data to help inform project implementation. ``(d) Duration of Grants.-- ``(1) In general.--Except as provided in paragraph (2)-- ``(A) a planning grant awarded under this section shall be used by the recipient for a period not to exceed 12 months; and ``(B) an implementation grant awarded under this section shall be used by the recipient for a period not to exceed 36 months. ``(2) Extension of planning or implementation.--Upon request of a grant recipient, the Attorney General may allow the grant recipient to extend the planning period described in paragraph (1)(A) or the implementation period described in paragraph (1)(B) for a reasonable length of time, as determined by the Attorney General. ``(3) Limitation on additional funds.--If the Attorney General allows an extension under paragraph (2), the Attorney General may not award additional grant funds. ``(e) Planning Grants.--A grant awarded for the planning phase of a project may be used to-- ``(1) identify, verify, and prioritize crime hot spots within the target neighborhood; ``(2) build community partnerships and facilitate leadership to ensure residents are active participants in the strategy to address crime in the community; ``(3) collaborate with local law enforcement agencies, research partners, and the community to analyze the drivers of crime and assess the needs of the community and the available resources to meet those needs; and ``(4) work with community consortium partners to develop a comprehensive cross-sector strategic plan to reduce crime in the target neighborhood that is based on the findings made under paragraph (3). ``(f) Implementation Grants.--Funds awarded for the implementation phase of a project may be used to-- ``(1) convene regular meetings of cross-sector partners and the project management team; ``(2) continue work with research partners to assess project implementation; ``(3) modify strategies developed during project planning as appropriate; ``(4) support personnel and program costs to implement strategies developed during project planning; ``(5) pursue community engagement and leadership development; and ``(6) identify and develop a long-term sustainable strategy to continue to achieve the project's goals after the conclusion of the implementation period. ``SEC. 3033. REPORT TO CONGRESS. ``At the end of the first grant year, and each year thereafter, the Attorney General shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that provides an overall assessment of the outcomes-- ``(1) achieved by the demonstration projects funded under this part; and ``(2) achieved by any demonstration projects that-- ``(A) received funding under the Byrne Criminal Justice Innovation program of the Department of Justice during fiscal years 2013 through 2016; and ``(B) were carried out during the grant year to which the report pertains. ``SEC. 3034. GRANT ACCOUNTABILITY. ``(a) Accountability.--All grants awarded by the Attorney General under this part shall be subject to the following accountability provisions: ``(1) Audit requirement.-- ``(A) Definition.--In this paragraph, the term `unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. ``(B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this part to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. ``(C) Mandatory exclusion.--A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). ``(D) Priority.--In awarding grants under this part, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part. ``(E) Reimbursement.--If an entity is awarded grant funds under this part during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall-- ``(i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and ``(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ``(2) Nonprofit organization requirements.-- ``(A) Definition.--For purposes of this paragraph and the grant programs under this part, the term `nonprofit organization' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(B) Prohibition.--The Attorney General may not award a grant under this part to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. ``(C) Disclosure.--Each nonprofit organization that is awarded a grant under this part and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection. ``(3) Conference expenditures.-- ``(A) Limitation.--No amounts made available to the Department of Justice under this part may be used by the Attorney General, or by any individual or entity awarded discretionary funds through a cooperative agreement under this part, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Department of Justice, unless the head of the relevant agency or department, provides prior written authorization that the funds may be expended to host the conference. ``(B) Written approval.--Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. ``(C) Report.--The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved under this paragraph. ``(4) Annual certification.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification-- ``(A) indicating whether-- ``(i) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; ``(ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and ``(iii) all reimbursements required under paragraph (1)(E) have been made; and ``(B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year. ``(b) Preventing Duplicative Grants.-- ``(1) In general.--Before the Attorney General awards a grant to an applicant under this part, the Attorney General shall compare potential grant awards with other grants awarded under this part to determine if duplicate grant awards are awarded for the same purpose. ``(2) Report.--If the Attorney General awards duplicate grants to the same applicant for the same purpose the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- ``(A) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and ``(B) the reason the Attorney General awarded the duplicate grants.''. (b) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following: ``(28) For activities under part MM, there are authorized to be appropriated $20,000,000 for each of fiscal years 2017 through 2021.''.", "summary": "Investing in Neighborhood-focused, Vital, Evidence-based Strategies and Trust to Prevent Crime Act of 2016 or the INVEST to Prevent Crime Act This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program for governments, nonprofit organizations, and institutions of higher education to prepare a comprehensive plan and enhance community capacity to address crime through collaborative cross-sector approaches."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Launch Services Corporation Act of 1994''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Corporation'' means the Launch Services Corporation created under section 4 of this Act; and (2) the terms ``launch'', ``launch property'', ``launch services'', ``launch site'', and ``launch vehicle'' have the meaning given such terms under section 4 of the Commercial Space Launch Act (49 U.S.C. App. 2603), except that the provisions of this Act shall not apply to activities relating to suborbital trajectories. SEC. 3. FEDERAL RESPONSIBILITIES. (a) President.--The President shall-- (1) coordinate the activities of Federal agencies with space launch responsibilities, so as to ensure that there is full and effective compliance at all times with this Act; (2) ensure that timely treaties, trade agreements, and other appropriate arrangements are made, and appropriate regulations are issued, to enable foreign customers to obtain launch services from the Corporation and to otherwise participate in the launch services system established pursuant to this Act; and (3) after consultation with appropriate Federal agencies, issue a statement of the technical requirements of the Federal Government for the system referred to in paragraph (2). (b) Research and Development.--The National Aeronautics and Space Administration and the Department of Defense shall cooperate with the Corporation on research and development related to the purposes of the Corporation. (c) Federal Agencies in General.--The Federal Government shall-- (1) procure, to the maximum extent feasible, needed launch services from the Corporation; (2) pay fair market value for services provided to the Federal Government by the Corporation; (3) extend to the Corporation first priority for access to launch property and launch sites in a mutually agreeable manner; (4) furnish range safety for launches from Government-owned facilities; and (5) to the extent feasible, furnish other services to the Corporation as may be required in connection with the establishment and operation of the Corporation. SEC. 4. LAUNCH SERVICES CORPORATION. (a) Creation.--There is authorized to be created a Launch Services Corporation, a for-profit corporation which shall not be an agency or establishment of the United States Government and which shall be incorporated under the laws of a State of the United States. (b) Purposes.--(1) The purposes of the Corporation shall be-- (A) to broaden and speed the economic use of space; (B) to enhance the economic competitiveness of the United States launch services industry and all industrial, commercial, and financial businesses related thereto; (C) to enhance national security; (D) to serve the launch needs of-- (i) the Federal Government; (ii) private sector customers in the United States; and (iii) appropriate foreign customers; and (E) to remain a viable and competitive corporation. (2) It shall not be a purpose of the Corporation to construct launch vehicles. (c) Process of Organization.--The President shall, as expeditiously as possible, appoint incorporators, by and with the advice and consent of the Senate, who shall serve as the initial board of directors of the Corporation until the first annual meeting of stockholders or until their successors are elected and appointed under subsection (d) and qualified. Such incorporators shall arrange for an initial stock offering and shall take whatever other actions are necessary to establish the Corporation, including the filing of articles of incorporation, subject to the approval of the President. (d) Directors and Officers.-- (1) Directors.--The Corporation shall have a board of directors consisting of 15 individuals who are citizens of the United States, of whom one shall be elected annually by the board to serve as chairman. Three members of the board shall be appointed by the President, by and with the advice and consent of the Senate, for terms of three years or until their successors have been appointed and qualified, except that one of the members first appointed under this sentence shall be appointed to a term of one year, and one of such members shall be appointed to a term of two years. Any member appointed to fill a vacancy shall be appointed only for the unexpired term of the director being replaced. The remaining 12 members of the board shall be elected annually by the stockholders. (2) Officers.--The Corporation shall have such officers as may be named and appointed by the board, at rates of compensation fixed by the board, and serving at the pleasure of the board. No individual other than a citizen of the United States may be an officer of the Corporation. No officer of the Corporation shall receive any salary from any source other than the Corporation while employed by the Corporation. (e) Financing.-- (1) Stock.--The Corporation may issue and have outstanding, in such amounts as it shall determine, shares of capital stock, without par value, which shall carry voting rights and be eligible for dividends. The stock shall be sold in a manner to encourage the widest distribution to the public. No company, including any company controlling, controlled by, or under common control with such company, may hold more than 15 percent of the capital stock of the Corporation. (2) Additional instruments.--The Corporation may issue, in addition to the stock authorized by paragraph (1), nonvoting securities, bonds, debentures, and other certificates of indebtedness. (f) Powers.--In order to achieve its purposes, the Corporation may-- (1) plan, initiate, own, manage, and operate itself, or in conjunction with other business entities, a commercial launch services system; (2) furnish, for hire, launch services to public and private entities of the United States and, except as otherwise prohibited by law, to foreign customers; (3) own and operate launch property, launch sites, and one or more types of launch vehicle, provide or contract for range safety operations at those launch sites, and provide or contract for any other such services as may be required to carry out its purposes; and (4) conduct appropriate research and development. (g) Recoupment.--Not later than 180 days after the date of enactment of this Act, the President shall establish procedures for the repayment by the Corporation to the Federal Government of an amount equal to the amount of Federal funding that has been provided to the Corporation. SEC. 5. FOREIGN BUSINESS NEGOTIATIONS. Whenever the Corporation shall enter into business negotiations with respect to launch property, operations, or services authorized by this Act with any international or foreign entity, it shall notify the Department of State of the negotiations, and the Department of State shall advise the Corporation of relevant foreign policy considerations. Throughout such negotiations the Corporation shall keep the Department of State informed with respect to such considerations. The Corporation may request the Department of State to assist in the negotiations, and that Department shall render such assistance as may be appropriate. SEC. 6. REPORTS TO THE CONGRESS. (a) President's Report.--The President shall transmit to the Congress in January of each year a report which shall include a comprehensive description of the activities and accomplishments of the Federal Government and the Corporation during the preceding calendar year under this Act, together with an evaluation of such activities and accomplishments in terms of the purposes of the Corporation and any recommendations for additional legislative or other action which the President may consider necessary for such purposes. (b) Corporation's Report.--The Corporation shall transmit to the President and Congress, annually and at such other times as it considers appropriate, a comprehensive and detailed report of its operations, activities, and accomplishments under this Act. SEC. 7. SUNSET. No Federal funding shall be provided to the Corporation after December 31, 2000, except as payment for services provided to the Federal Government by the Corporation.", "summary": "Launch Services Corporation Act of 1994 - Authorizes the creation of a non-Federal, for profit Launch Services Corporation to provide space launch services to the Federal Government and other domestic and foreign customers. Ends Federal funding (except for payment of services) for the Corporation after the year 2000."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Adopted Children Equality Act'' or the ``FACE Act''. SEC. 2. CITIZENSHIP FOR CHILDREN ADOPTED FROM OUTSIDE THE UNITED STATES. (a) In General.--Section 320(b) of the Immigration and Nationality Act (8 U.S.C. 1431(b)) is amended to read as follows: ``(b) Citizenship for Children Adopted From Outside the United States.-- ``(1) In general.--A child born outside the United States automatically becomes a citizen of the United States if the Secretary of State is satisfied that all of the following conditions are met: ``(A) The child is adopted by a parent who is a citizen of the United States. ``(B) The child is younger than 18 years of age. ``(C) It is determined that each adopting parent is eligible and suitable to adopt the child, including determining that the parent is able to support the child and has undergone an appropriate criminal background check. ``(D) Prior to the adoption, the child was an unmarried individual younger than 18 years of age-- ``(i)(I) whose biological parents (or parent, in the case of an individual who has 1 sole or surviving parent) or other person or institution that retains legal custody of the individual-- ``(aa) have freely given their written irrevocable consent to the termination of their legal relationship with the individual, and to the individual's emigration and adoption and that such consent has not been induced by payment or compensation of any kind and has not been given prior to the birth of the individual; ``(bb) are unable to provide proper care for the individual, as determined by the competent authority of the individual's residence; or ``(cc) have voluntarily relinquished the individual to the competent authorities pursuant to the law of the individual's residence; or ``(II) who, as determined by the competent authority of the individual's residence-- ``(aa) has been abandoned or deserted by the individual's biological parents or legal guardian; or ``(bb) has been orphaned due to the death or disappearance of the individual's biological parents or legal guardian; and ``(ii) with respect to whom the Secretary of State-- ``(I) is satisfied that the proper care will be furnished the individual if admitted to the United States; ``(II) is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship and that the parent-child relationship of the individual and the biological parents has been terminated (and in carrying out both obligations under this subparagraph, the Secretary of State, in consultation with the Secretary of Homeland Security, may consider whether there is a petition pending to confer immigrant status on 1 or both of the biological parents); ``(III) is satisfied that there has been no inducement, financial or otherwise, offered to obtain the consent nor was it given before the birth of the individual; and ``(IV) in consultation with the Secretary of Homeland Security, is satisfied that the individual is not a security risk. ``(2) Citizenship from birth.--An individual who becomes a citizen of the United States pursuant to paragraph (1) shall be deemed to have been a citizen of the United States at birth and shall be issued a United States Consular Report of Birth. ``(3) Special rule for adoptees who are older than 18 years of age.-- ``(A) In general.--A person described in subparagraph (B) shall be deemed to have been a citizen of the United States at birth after the approval of an application filed within the United States or with a United States Embassy. ``(B) Person described.--A person described in this clause is a person who-- ``(i) is older than 18 years of age; ``(ii) was born outside the United States and was adopted by a parent who is a citizen of the United States before the date on which the person reached 18 years of age; and ``(iii) was described in subparagraph (E), (F), or (G) of section 101(b)(1). ``(4) No liability for prior taxes.--An individual who becomes a citizen of the United States pursuant to paragraph (1) or (3) may not be liable for any taxes that the individual would have paid to the United States as a citizen of the United States before the date on which the individual becomes such a citizen.''. (b) Conforming Amendments.-- (1) Heading.--The heading of section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows: ``children born outside the united states; conditions under which citizenship is acquired''. (2) Section 301 of the immigration and nationality act.-- Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended-- (A) in subsection (g), by striking ``and'' at the end; (B) in subsection (h), by striking the period at the end, inserting a semicolon and ``and''; and (C) by adding at the end the following: ``(i) a person deemed a citizen at birth pursuant to section 320(b).''. (c) Clerical Amendment.--The table of contents of the Immigration and Nationality Act is amended by striking the item relating to section 320 and inserting the following: ``Sec. 320. Children born outside the United States; conditions under which citizenship acquired.''. SEC. 3. NONIMMIGRANT STATUS FOR CHILDREN BROUGHT TO THE UNITED STATES TO BE ADOPTED. Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (1) in subparagraph (U), by striking ``or'' at the end; (2) in subparagraph (V), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(W) an individual brought to the United States as a child to be adopted by a citizen of the United States.''. SEC. 4. APPEAL OF NOTICE OF INTENT TO DENY AN ADOPTION. (a) Requirement To Provide Opportunity To Appeal.--If the Secretary of State determines that a covered individual is not eligible to be adopted by a citizen or national of the United States on the basis that the conditions described in subsection (c) are not met, the Secretary shall provide-- (1) a notice of intent to deny the adoption of the child to such citizen or national of the United States; and (2) an opportunity for such citizen or national to appeal the determination. (b) Covered Individual Defined.--In this section, the term ``covered individual'' means an individual who-- (1) is younger than 18 years of age; (2) was born in a foreign country; and (3) is seeking to be adopted by a parent who is a citizen or national of the United States. (c) Conditions for Adoption.--The conditions described in this subsection are met if-- (1) the covered individual's biological parents (or parent, in the case of an individual who has 1 sole or surviving parent) or other person or institution that retains legal custody of the covered individual-- (A) have freely given their written irrevocable consent to the termination of their legal relationship with the individual, and to the individual's emigration and adoption and that such consent has not been induced by payment or compensation of any kind and has not been given prior to the birth of the individual; (B) are unable to provide proper care for the individual, as determined by the competent authority in the country of the individual's residence; or (C) have voluntarily relinquished the individual to the competent authorities pursuant to the law of the country of the individual's residence; or (2) the covered individual, as determined by the competent authority in the country of the individual's residence-- (A) has been abandoned or deserted by the individual's biological parents or legal guardian; or (B) has been orphaned due to the death or disappearance of the individual's biological parents or legal guardian. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act, or in any amendment made by this Act, may be construed to-- (1) abrogate any citizenship rights provided to an adoptee by the adoptee's country of origin; or (2) nullify the facts of the adoptee's birth history. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that the government of each foreign country from which children are adopted by citizens of the United States should provide documentation of the adopted children's original birth history to the adoptive family in accordance with the laws of such country.", "summary": "Foreign Adopted Children Equality Act or the FACE Act - Amends the Immigration and Nationality Act to set forth automatic citizenship criteria for a child adopted outside the United States by a U.S. citizen parent. Deems such an adopted child to be a U.S. citizen at birth. Deems to be a U.S. citizen at birth, after the approval of an application filed within the United States or with a U.S. Embassy, a person who: (1) is older than 18 years of age; (2) was born outside the United States and was adopted by a U.S. citizen parent before such person reached 18 years of age; and (3) was adopted under 16 years of age and has lived with the adoptive parents for at least two years, was abused, or is an orphan who was under 16 years of age at the time an immediate relative status petition was filed on his or her behalf. Includes within the definition of nonimmigrant an individual brought to the United States as a child to be adopted by a U.S. citizen. Expresses the sense of Congress that the government of each foreign country from which children are adopted by U.S. citizens should provide the adoptive family with birth history documentation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Ireland Fair Employment Practices and Principles of Economic Justice Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) Currently, overall unemployment in Northern Ireland is approximately 13 percent, as compared to 9 percent in the rest of the United Kingdom. (2) Unemployment in the minority community in Northern Ireland is 16 percent (22 percent for males and 8 percent for females), and in some portions of the minority community unemployment has historically exceeded 70 percent. (3) The British Government Fair Employment Commission (F.E.C.), formerly the Fair Employment Agency (F.E.A.), has consistently reported that a member of the minority community is two times more likely to be unemployed than a member of the majority community. (4) The Investor Responsibility Research Center (IRRC), Washington, District of Columbia, lists more than 90 United States companies doing business in Northern Ireland, which employ approximately 11,000 individuals. (5) The religious minority population of Northern Ireland is subject to discriminatory hiring practices by some United States businesses. (6) The MacBride Principles are a nine point set of guidelines for fair employment in Northern Ireland which establishes a corporate code of conduct to promote equal access to regional employment but does not require disinvestment, quotas, or reverse discrimination. SEC. 3. RESTRICTION ON IMPORTS. An article from Northern Ireland may not be entered, or withdrawn from warehouse for consumption, in the customs territory of the United States unless there is presented at the time of entry to the customs officer concerned documentation indicating that the enterprise which manufactured or assembled such article was in compliance at the time of manufacture with the principles described in section 5. SEC. 4. COMPLIANCE WITH FAIR EMPLOYMENT PRINCIPLES. (a) Compliance.--Any United States person who-- (1) has a branch or office in Northern Ireland, or (2) controls a corporation, partnership, or other enterprise in Northern Ireland, in which more than ten people are employed shall take the necessary steps to ensure that, in operating such branch, office, corporation, partnership, or enterprise, those principles relating to employment practices set forth in section 5 are implemented and this Act is complied with. (b) Report.--Each United States person referred to in subsection (a) shall submit to the Secretary-- (1) a detailed and fully documented annual report, signed under oath, on showing compliance with the provisions of this Act; and (2) such other information as the Secretary determines is necessary. SEC. 5. MACBRIDE PRINCIPLES OF ECONOMIC JUSTICE. The principles referred to in section 4 are the MacBride Principles of Economic Justice, which are as follows: (1) Increasing the representation of individuals from underrepresented religious groups in the workforce, including managerial, supervisory, administrative, clerical, and technical jobs. (2) Providing adequate security for the protection of minority employees at the workplace. (3) Banning provocative sectarian or political emblems from the workplace. (4) Providing that all job openings be advertised publicly and providing that special recruitment efforts be made to attract applicants from underrepresented religious groups. (5) Providing that layoff, recall, and termination procedures do not favor a particular religious group. (6) Abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religion. (7) Providing for the development of training programs that will prepare substantial numbers of minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees. (8) Establishing procedures to assess, identify, and actively recruit minority employees with the potential for further advancement. (9) Providing for the appointment of a senior management staff member to be responsible for the employment efforts of the entity and, within a reasonable period of time, the implementation of the principles described in paragraphs (1) through (8). SEC. 6. PROHIBITION. Nothing in this Act shall require quotas or reverse discrimination or mandate their use. SEC. 7. WAIVER OF PROVISIONS. (a) Waiver of Provisions.--In any case in which the President determines that compliance by a United States person with the provisions of this Act would harm the national security of the United States, the President may waive those provisions with respect to that United States person. The President shall publish in the Federal Register each waiver granted under this section and shall submit to the Congress a justification for granting each such waiver. Any such waiver shall become effective at the end of ninety days after the date on which the justification is submitted to the Congress unless the Congress, within that ninety-day period, adopts a joint resolution disapproving the waiver. In the computation of such ninety-day period, there shall be excluded the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain or because of an adjournment of the Congress sine die. (b) Consideration of Resolutions.-- (1) Any resolution described in subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (2) For the purpose of expediting the consideration and adoption of a resolution under subsection (a) in the House of Representatives, a motion to proceed to the consideration of such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. SEC. 8. DEFINITIONS AND PRESUMPTIONS. (a) Definitions.--For the purpose of this Act-- (1) the term ``United States person'' means any United States resident or national and any domestic concern (including any permanent domestic establishment of any foreign concern); (2) the term ``Secretary'' means the Secretary of Commerce; and (3) the term ``Northern Ireland'' includes the counties of Antrim, Armagh, Derry, Down, Tyrone, and Fermanagh. (b) Presumption.--A United States person shall be presumed to control a corporation, partnership, or other enterprise in Northern Ireland if-- (1) the United States person beneficially owns or controls (whether directly or indirectly) more than 50 percent of the outstanding voting securities of the corporation, partnership, or enterprise; (2) the United States person beneficially owns or controls (whether directly or indirectly) 25 percent or more of the voting securities of the corporation, partnership, or enterprise, if no other person owns or controls (whether directly or indirectly) an equal or larger percentage; (3) the corporation, partnership, or enterprise is operated by the United States person pursuant to the provisions of an exclusive management contract; (4) a majority of the members of the board of directors of the corporation, partnership, or enterprise are also members of the comparable governing body of the United States person; (5) the United States person has authority to appoint the majority of the members of the board of directors of the corporation, partnership, or enterprise; or (6) the United States person has authority to appoint the chief operating officer of the corporation, partnership, or enterprise. SEC. 9. EFFECTIVE DATE. This Act shall take effect 180 days after the date of enactment of this Act.", "summary": "Northern Ireland Fair Employment Practices and Principles of Economic Justice Act of 1997 - Prohibits the importation into the United States of an article from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with the MacBride Principles of Economic Justice, a nine-point set of guidelines (such as freedom from religious discrimination) for fair employment in Northern Ireland. Requires any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than ten people are employed to insure implementation of such employment principles and compliance with this Act. Declares that nothing in this Act shall require quotas or reverse discrimination or mandate their use. Authorizes the President to waive the requirements of this Act in the interest of U.S. national security."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Culture of Safety Hospital Accountability Act of 2010''. SEC. 2. CULTURE OF SAFETY HOSPITAL ACCOUNTABILITY STUDY AND DEMONSTRATION PROGRAM. (a) Study.-- (1) In general.--The Secretary shall conduct a study that-- (A) examines existing activities and programs in hospitals for quality assurance, patient safety, and performance improvement and provides an analysis regarding best practices with respect to such activities and programs; and (B) identifies best practices that should be replicated in hospitals to improve patient safety and quality of care, consistent with the provisions included under the quality assessment and performance improvement program, as required under the conditions of participation for hospitals under Medicare. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare a report containing the results of the study conducted under paragraph (1). Such report shall be made available on the Internet website of the Centers for Medicare & Medicaid Services. (b) Demonstration Program.-- (1) In general.--The Secretary shall establish the Culture of Safety Hospital Accountability demonstration program to provide support for establishing partnerships and other cooperative approaches between hospitals, State health care agencies, and the Department of Health and Human Services to promote and implement the best practices identified under subsection (a), with the goal of improving the safety and quality of care provided to Medicare beneficiaries and enhance compliance with the conditions of participation for hospitals under Medicare. (2) Duration.--The demonstration program shall operate during a period of 3 years, beginning not later than 12 months after completion of the report described in subsection (a)(2). (3) Scope.-- (A) States.--The Secretary shall select not less than 4 States, but not more than 6 States, to participate in the demonstration program. (B) Hospitals.--The Secretary shall select not more than 24 hospitals, within the States selected under subparagraph (A), to participate in the demonstration program. The hospitals selected under this subparagraph shall satisfy criteria, as developed by the Secretary, relating to compliance with the conditions of participation for hospitals under Medicare. (4) Application.--A State or hospital that desires to participate in the demonstration program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (5) Implementation.-- (A) Technical assistance.--The Secretary shall provide participating hospitals with technical assistance in implementation of the best practices identified through the study under subsection (a). (B) Hospital surveyors.--For each State participating in the demonstration program, the Secretary shall provide training to State surveyors that is designed to-- (i) enhance knowledge of the disciplines of patient safety, quality assessment, and performance improvement; (ii) increase skill in evaluating compliance with quality assessment and performance improvement programs required under the conditions of participation for hospitals under Medicare; and (iii) focus investigations of complaints regarding hospital care on the hospital's quality assessment and performance improvement program. (6) Evaluation.--For each State and hospital participating in the demonstration program, the Secretary shall evaluate the following: (A) The level of implementation of the best practices identified under subsection (a) by the participating hospitals and whether adoption of such practices-- (i) improved quality and patient safety (including an analysis of changes in quality measures and other indicators of outcome and performance); and (ii) resulted in a decrease in the seriousness or number of citations for deficiencies under the conditions of participation for hospitals under Medicare. (B) The training provided to State surveyors and whether such training resulted in enhanced proficiency in evaluations of hospital quality assessment and performance improvement programs. (7) Report.--Not later than 12 months after completion of the demonstration program, the Secretary shall submit to Congress a report containing an evaluation of such program, including-- (A) the findings of the evaluation under paragraph (6); and (B) recommendations-- (i) in regard to whether the best practices identified under the demonstration program should be adopted by other hospitals, and how the Secretary can best promote adoption of such best practices; (ii) in regard to whether the training for State surveyors developed under the demonstration program should be provided to all State surveyors; and (iii) for such legislation and administrative action as the Secretary determines appropriate. (8) Waiver authority.--The Secretary may waive such requirements under titles XI and XVIII of the Social Security Act as may be necessary to carry out the demonstration program. (c) Funding.--For purposes of carrying out this Act, the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) of $25,000,000, to the Centers for Medicare & Medicaid Services Program Management Account for the period of fiscal years 2010 through 2017. Amounts transferred under the preceding sentence shall remain available until expended. (d) Alternative Remedies.--Section 1866(b) of the Social Security Act (42 U.S.C. 1395cc(b)) is amended by adding at the end the following new paragraph: ``(5)(A) The Secretary is authorized to promulgate regulations that establish enforcement remedies that are in addition to, or in lieu of, termination of an agreement under this section for hospitals or critical access hospitals for violations of health and safety requirements under this title. Such remedies may include directed plans of correction that are designed to-- ``(i) ensure compliance with requirements under this title (including conditions of participation for hospitals or critical access hospitals); ``(ii) prevent recurrence of non-compliance with such requirements; and ``(iii) improve the internal structures and processes within the hospital or critical access hospital for provision of continuous quality and safety enhancement. ``(B) The regulations described under subparagraph (A) may be promulgated by the Secretary before, during, or after the evaluation described under section 2(b)(6) of the Culture of Safety Hospital Accountability Act of 2010.''. (e) Non-Application of Paperwork Reduction Act.--Chapter 35 of title 44, United States Code (commonly referred to as the `Paperwork Reduction Act of 1995') shall not apply to this Act. (f) Definitions.--In this Act: (1) Demonstration program.--The term ``demonstration program'' means the Culture of Safety Hospital Accountability demonstration program conducted under this Act. (2) Hospital.--The term ``hospital'' means-- (A) an institution described under section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)); or (B) a critical access hospital (as described under section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1)). (3) Medicare.--The term ``Medicare'' means the program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.", "summary": "Culture of Safety Hospital Accountability Act of 2010 - Directs the Secretary of Heatlh and Human Services (HHS) to study for a report made available on the Internet website of the Centers for Medicare and Medicaid Services: (1) existing activities and programs in hospitals for quality assurance, patient safety, and performance improvement; and (2) any best practices that should be replicated in hospitals to improve patient safety and quality of care, consistent with the quality assessment and performance improvement program, as required by the conditions of participation for hospitals under title XVIII (Medicare) of the Social Security Act. Directs the Secretary to establish the Culture of Safety Hospital Accountability demonstration program to support establishing partnerships and other cooperative approaches among hospitals, state health care agencies, and HHS to promote and implement the best practices."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Child Care Act''. SEC. 2. SMALL BUSINESS CHILD CARE GRANT PROGRAM. (a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a program to award grants to States, on a competitive basis, to assist States in providing funds to encourage the establishment and operation of employer-operated child care programs. (b) Application.--To be eligible to receive a grant under this section, a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the funds required under subsection (e) will be provided. (c) Amount and Period of Grant.--The Secretary shall determine the amount of a grant to a State under this section based on the population of the State as compared to the population of all States receiving grants under this section. The Secretary shall make the grant for a period of 3 years. (d) Use of Funds.-- (1) In general.--A State shall use amounts provided under a grant awarded under this section to provide assistance to small businesses (or consortia formed in accordance with paragraph (3)) located in the State to enable the small businesses (or consortia) to establish and operate child care programs. Such assistance may include-- (A) technical assistance in the establishment of a child care program; (B) assistance for the startup costs related to a child care program; (C) assistance for the training of child care providers; (D) scholarships for low-income wage earners; (E) the provision of services to care for sick children or to provide care to school-aged children; (F) the entering into of contracts with local resource and referral organizations or local health departments; (G) assistance for care for children with disabilities; (H) payment of expenses for renovation or operation of a child care facility; or (I) assistance for any other activity determined appropriate by the State. (2) Application.--In order for a small business or consortium to be eligible to receive assistance from a State under this section, the small business involved shall prepare and submit to the State an application at such time, in such manner, and containing such information as the State may require. (3) Preference.-- (A) In general.--In providing assistance under this section, a State shall give priority to an applicant that desires to form a consortium to provide child care in a geographic area within the State where such care is not generally available or accessible. (B) Consortium.--For purposes of subparagraph (A), a consortium shall be made up of 2 or more entities that shall include small businesses and that may include large businesses, nonprofit agencies or organizations, local governments, or other appropriate entities. (4) Limitations.--With respect to grant funds received under this section, a State may not provide in excess of $500,000 in assistance from such funds to any single applicant. (e) Matching Requirement.--To be eligible to receive a grant under this section, a State shall provide assurances to the Secretary that, with respect to the costs to be incurred by a covered entity receiving assistance in carrying out activities under this section, the covered entity will make available (directly or through donations from public or private entities) non-Federal contributions to such costs in an amount equal to-- (1) for the first fiscal year in which the covered entity receives such assistance, not less than 50 percent of such costs ($1 for each $1 of assistance provided to the covered entity under the grant); (2) for the second fiscal year in which the covered entity receives such assistance, not less than 66\\2/3\\ percent of such costs ($2 for each $1 of assistance provided to the covered entity under the grant); and (3) for the third fiscal year in which the covered entity receives such assistance, not less than 75 percent of such costs ($3 for each $1 of assistance provided to the covered entity under the grant). (f) Requirements of Providers.--To be eligible to receive assistance under a grant awarded under this section, a child care provider-- (1) who receives assistance from a State shall comply with all applicable State and local licensing and regulatory requirements and all applicable health and safety standards in effect in the State; and (2) who receives assistance from an Indian tribe or tribal organization shall comply with all applicable regulatory standards. (g) State-Level Activities.--A State may not retain more than 3 percent of the amount described in subsection (c) for State administration and other State-level activities. (h) Administration.-- (1) State responsibility.--A State shall have responsibility for administering a grant awarded for the State under this section and for monitoring covered entities that receive assistance under such grant. (2) Audits.--A State shall require each covered entity receiving assistance under the grant awarded under this section to conduct an annual audit with respect to the activities of the covered entity. Such audits shall be submitted to the State. (3) Misuse of funds.-- (A) Repayment.--If the State determines, through an audit or otherwise, that a covered entity receiving assistance under a grant awarded under this section has misused the assistance, the State shall notify the Secretary of the misuse. The Secretary, upon such a notification, may seek from such a covered entity the repayment of an amount equal to the amount of any such misused assistance plus interest. (B) Appeals process.--The Secretary shall by regulation provide for an appeals process with respect to repayments under this paragraph. (i) Reporting Requirements.-- (1) 2-year study.-- (A) In general.--Not later than 2 years after the date on which the Secretary first awards grants under this section, the Secretary shall conduct a study to determine-- (i) the capacity of covered entities to meet the child care needs of communities within States; (ii) the kinds of consortia that are being formed with respect to child care at the local level to carry out programs funded under this section; and (iii) who is using the programs funded under this section and the income levels of such individuals. (B) Report.--Not later than 28 months after the date on which the Secretary first awards grants under this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the results of the study conducted in accordance with subparagraph (A). (2) 4-year study.-- (A) In general.--Not later than 4 years after the date on which the Secretary first awards grants under this section, the Secretary shall conduct a study to determine the number of child care facilities that are funded through covered entities that received assistance through a grant awarded under this section and that remain in operation, and the extent to which such facilities are meeting the child care needs of the individuals served by such facilities. (B) Report.--Not later than 52 months after the date on which the Secretary first awards grants under this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the results of the study conducted in accordance with subparagraph (A). (j) Definitions.--In this section: (1) Covered entity.--The term ``covered entity'' means a small business or a consortium formed in accordance with subsection (d)(3). (2) Indian community.--The term ``Indian community'' means a community served by an Indian tribe or tribal organization. (3) Indian tribe; tribal organization.--The terms ``Indian tribe'' and ``tribal organization'' have the meanings given the terms in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n). (4) Small business.--The term ``small business'' means an employer who employed an average of at least 2 but not more than 50 employees on the business days during the preceding calendar year. (5) State.--The term ``State'' has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n). (k) Application to Indian Tribes and Tribal Organizations.--In this section: (1) In general.--Except as provided in subsection (f)(1), and in paragraphs (2) and (3), the term ``State'' includes an Indian tribe or tribal organization. (2) Geographic references.--The term ``State'' includes an Indian community in subsections (c) (the second and third place the term appears), (d)(1) (the second place the term appears), (d)(3)(A) (the second place the term appears), and (i)(1)(A)(i). (3) State-level activities.--The term ``State-level activities'' includes activities at the tribal level. (l) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section, $50,000,000 for the period of fiscal years 2008 through 2012. (2) Studies and administration.--With respect to the total amount appropriated for such period in accordance with this subsection, not more than $2,500,000 of that amount may be used for expenditures related to conducting studies required under, and the administration of, this section. (m) Termination of Program.--The program established under subsection (a) shall terminate on September 30, 2012.", "summary": "Small Business Child Care Act - Directs the Secretary of Health and Human Services to establish a program to award grants, on a competitive basis, to assist states in providing funds to encourage the establishment and operation of employer-operated child care programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Yankton Sioux Tribe and Santee Sioux Tribe Equitable Compensation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) by enacting the Act of December 22, 1944, commonly known as the ``Flood Control Act of 1944'' (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved the Pick-Sloan Missouri River Basin program (referred to in this section as the ``Pick-Sloan program'')-- (A) to promote the general economic development of the United States; (B) to provide for irrigation above Sioux City, Iowa; (C) to protect urban and rural areas from devastating floods of the Missouri River; and (D) for other purposes; (2) the waters impounded for the Fort Randall and Gavins Point projects of the Pick-Sloan program have inundated the fertile, wooded bottom lands along the Missouri River that constituted the most productive agricultural and pastoral lands of, and the homeland of, the members of the Yankton Sioux Tribe and the Santee Sioux Tribe; (3) the Fort Randall project (including the Fort Randall Dam and Reservoir) overlies the western boundary of the Yankton Sioux Tribe Indian Reservation; (4) the Gavins Point project (including the Gavins Point Dam and Reservoir) overlies the eastern boundary of the Santee Sioux Tribe; (5) although the Fort Randall and Gavins Point projects are major components of the Pick-Sloan program, and contribute to the economy of the United States by generating a substantial amount of hydropower and impounding a substantial quantity of water, the reservations of the Yankton Sioux Tribe and the Santee Sioux Tribe remain undeveloped; (6) the United States Army Corps of Engineers took the Indian lands used for the Fort Randall and Gavins Point projects by condemnation proceedings; (7) the Federal Government did not give the Yankton Sioux Tribe and the Santee Sioux Tribe an opportunity to receive compensation for direct damages from the Pick-Sloan program, even though the Federal Government gave 5 Indian reservations upstream from the reservations of those Indian tribes such an opportunity; (8) the Yankton Sioux Tribe and the Santee Sioux Tribe did not receive just compensation for the taking of productive agricultural Indian lands through the condemnation referred to in paragraph (6); (9) the settlement agreement that the United States entered into with the Yankton Sioux Tribe and the Santee Sioux Tribe to provide compensation for the taking by condemnation referred to in paragraph (6) did not take into account the increase in property values over the years between the date of taking and the date of settlement; and (10) in addition to the financial compensation provided under the settlement agreements referred to in paragraph (9)-- (A) the Yankton Sioux Tribe should receive an aggregate amount equal to $23,023,743 for the loss value of 2,851.40 acres of Indian land taken for the Fort Randall Dam and Reservoir of the Pick-Sloan program; and (B) the Santee Sioux Tribe should receive an aggregate amount equal to $4,789,010 for the loss value of 593.10 acres of Indian land located near the Santee village. SEC. 3. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (2) Santee sioux tribe.--The term ``Santee Sioux Tribe'' means the Santee Sioux Tribe of Nebraska. (3) Yankton sioux tribe.--The term ``Yankton Sioux Tribe'' means the Yankton Sioux Tribe of South Dakota. SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Yankton Sioux Tribe Development Trust Fund'' (referred to in this section as the ``Fund''). The Fund shall consist of any amounts deposited in the Fund under this Act. (b) Funding.--On the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit into the Fund established under subsection (a)-- (1) $23,023,743; and (2) an additional amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if such amount had been invested in interest-bearing obligations of the United States, or in obligations guaranteed as to both principal and interest by the United States, on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. (c) Investment of Trust Fund.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in the Secretary of Treasury's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. (d) Payment of Interest to Tribe.-- (1) Withdrawal of interest.--Beginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, the Secretary of the Treasury shall withdraw the aggregate amount of interest deposited into the Fund for that fiscal year and transfer that amount to the Secretary of the Interior for use in accordance with paragraph (2). Each amount so transferred shall be available without fiscal year limitation. (2) Payments to yankton sioux tribe.-- (A) In general.--The Secretary of the Interior shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Yankton Sioux Tribe, as such payments are requested by that Indian tribe pursuant to tribal resolution. (B) Limitation.--Payments may be made by the Secretary of the Interior under subparagraph (A) only after the Yankton Sioux Tribe has adopted a tribal plan under section 6. (C) Use of payments by yankton sioux tribe.--The Yankton Sioux Tribe shall use the payments made under subparagraph (A) only for carrying out projects and programs under the tribal plan prepared under section 6. (e) Transfers and Withdrawals.--Except as provided in subsections (c) and (d)(1), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). SEC. 5. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Santee Sioux Tribe Development Trust Fund'' (referred to in this section as the ``Fund''). The Fund shall consist of any amounts deposited in the Fund under this Act. (b) Funding.--On the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit into the Fund established under subsection (a)-- (1) $4,789,010; and (2) an additional amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if such amount had been invested in interest-bearing obligations of the United States, or in obligations guaranteed as to both principal and interest by the United States, on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. (c) Investment of Trust Fund.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in the Secretary of Treasury's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. (d) Payment of Interest to Tribe.-- (1) Withdrawal of interest.--Beginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, the Secretary of the Treasury shall withdraw the aggregate amount of interest deposited into the Fund for that fiscal year and transfer that amount to the Secretary of the Interior for use in accordance with paragraph (2). Each amount so transferred shall be available without fiscal year limitation. (2) Payments to santee sioux tribe.-- (A) In general.--The Secretary of the Interior shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Santee Sioux Tribe, as such payments are requested by that Indian tribe pursuant to tribal resolution. (B) Limitation.--Payments may be made by the Secretary of the Interior under subparagraph (A) only after the Santee Sioux Tribe has adopted a tribal plan under section 6. (C) Use of payments by santee sioux tribe.--The Santee Sioux Tribe shall use the payments made under subparagraph (A) only for carrying out projects and programs under the tribal plan prepared under section 6. (e) Transfers and Withdrawals.--Except as provided in subsections (c) and (d)(1), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). SEC. 6. TRIBAL PLANS. (a) In General.--Not later than 24 months after the date of enactment of this Act, the tribal council of each of the Yankton Sioux and Santee Sioux Tribes shall prepare a plan for the use of the payments to the tribe under section 4(d) or 5(d) (referred to in this subsection as a ``tribal plan''). (b) Contents of Tribal Plan.--Each tribal plan shall provide for the manner in which the tribe covered under the tribal plan shall expend payments to the tribe under section 4(d) or 5(d) to promote-- (1) economic development; (2) infrastructure development; (3) the educational, health, recreational, and social welfare objectives of the tribe and its members; or (4) any combination of the activities described in paragraphs (1), (2), and (3). (c) Tribal Plan Review and Revision.-- (1) In general.--Each tribal council referred to in subsection (a) shall make available for review and comment by the members of the tribe a copy of the tribal plan for the Indian tribe before the tribal plan becomes final, in accordance with procedures established by the tribal council. (2) Updating of tribal plan.--Each tribal council referred to in subsection (a) may, on an annual basis, revise the tribal plan prepared by that tribal council to update the tribal plan. In revising the tribal plan under this paragraph, the tribal council shall provide the members of the tribe opportunity to review and comment on any proposed revision to the tribal plan. (3) Consultation.--In preparing the tribal plan and any revisions to update the plan, each tribal council shall consult with the Secretary of the Interior and the Secretary of Health and Human Services. (4) Audit.-- (A) In general.--The activities of the tribes in carrying out the tribal plans shall be audited as part of the annual single-agency audit that the tribes are required to prepare pursuant to the Office of Management and Budget circular numbered A-133. (B) Determination by auditors.--The auditors that conduct the audit described in subparagraph (A) shall-- (i) determine whether funds received by each tribe under this section for the period covered by the audits were expended to carry out the respective tribal plans in a manner consistent with this section; and (ii) include in the written findings of the audits the determinations made under clause (i). (C) Inclusion of findings with publication of proceedings of tribal council.--A copy of the written findings of the audits described in subparagraph (A) shall be inserted in the published minutes of each tribal council's proceedings for the session at which the audit is presented to the tribal councils. (d) Prohibition on Per Capita Payments.--No portion of any payment made under this Act may be distributed to any member of the Yankton Sioux Tribe or the Santee Sioux Tribe of Nebraska on a per capita basis. SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES. (a) In General.--No payment made to the Yankton Sioux Tribe or Santee Sioux Tribe pursuant to this Act shall result in the reduction or denial of any service or program to which, pursuant to Federal law-- (1) the Yankton Sioux Tribe or Santee Sioux Tribe is otherwise entitled because of the status of the tribe as a federally recognized Indian tribe; or (2) any individual who is a member of a tribe under paragraph (1) is entitled because of the status of the individual as a member of the tribe. (b) Exemptions From Taxation.--No payment made pursuant to this Act shall be subject to any Federal or State income tax. (c) Power Rates.--No payment made pursuant to this Act shall affect Pick-Sloan Missouri River Basin power rates. SEC. 8. STATUTORY CONSTRUCTION. Nothing in this Act may be construed as diminishing or affecting any water right of an Indian tribe, except as specifically provided in another provision of this Act, any treaty right that is in effect on the date of enactment of this Act, or any authority of the Secretary of the Interior or the head of any other Federal agency under a law in effect on the date of enactment of this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, including such sums as may be necessary for the administration of the Yankton Sioux Tribe Development Trust Fund under section 4 and the Santee Sioux Tribe Development Trust Fund under section 5. SEC. 10. EXTINGUISHMENT OF CLAIMS. Upon the deposit of funds under sections 4(b) and 5(b), all monetary claims that the Yankton Sioux Tribe or the Santee Sioux Tribe of Nebraska has or may have against the United States for loss of value or use of land related to lands described in section 2(a)(10) resulting from the Fort Randall and Gavins Point projects of the Pick-Sloan Missouri River Basin program shall be extinguished. Passed the Senate July 24, 2002. Attest: JERI THOMSON, Secretary.", "summary": "Title I: Yankton Sioux and Santee Sioux Tribes Equitable Compensation - Yankton Sioux Tribe and Santee Sioux Tribe Equitable Compensation Act - (Sec. 104) Establishes in the Treasury the Yankton Sioux Tribe Development Trust Fund and the Santee Sioux Tribe Development Trust Fund.Directs the Secretary of the Treasury (Secretary), on the first day of the 11th fiscal year beginning after enactment of this Act, to transfer from the General Fund into such Funds specified amounts plus the equivalent of the annually compounded interest that would have accrued on such amounts if they had been invested in interest-bearing U.S. obligations or in obligations guaranteed by the United States. Requires the Secretary to invest in such obligations the portion of such Funds not required to meet current withdrawals.Directs the Secretary, beginning the same day as such transfer, to withdraw the aggregate amount of interest deposited into the Funds each fiscal year and transfer it to the Secretary of the Interior for making payments to the Yankton Sioux Tribe and the Santee Sioux Tribe for carrying out projects and programs under their respective Tribal Plan.(Sec. 106) Directs the tribal council of each Tribe to prepare a Tribal Plan for using payments to carry out projects and programs to promote: (1) economic development; (2) infrastructure development; or (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members. Prohibits per capita distributions to Tribe members.(Sec. 107) States that payments under this Act shall not affect other Federal services or programs to which the Tribes are otherwise entitled, or the Pick-Sloan Missouri River Basin power rates, nor be subject to Federal or State income tax.(Sec. 109) Authorizes appropriations.(Sec. 110) Extinguishes all monetary claims of the Tribes against the United States for loss of value or use of land resulting from the Fort Randall and Gavins Point projects of the Pick-Sloan Missouri River Basin program upon the Secretary's transfers to the tribal Funds established by this Act.Title II: Martin's Cove Land Transfer - Martin's Cove Land Transfer Act - (Sec. 202) Directs the Secretary of the Interior to offer to convey to the Corporation of the Presiding Bishop specified public lands (Martin's Cove in Natrona County, Wyoming) for the purposes of public education, historic preservation, and enhanced recreational enjoyment of the public. Requires the Corporation to pay the United States the historic fair market value of the property conveyed, including any improvements.Directs the Secretary and the Corporation to enter into an agreement, binding on any successor or assignee, that ensures that the property conveyed shall, consistent with the site's historic purposes: (1) be available in perpetuity for public education and historic preservation; and (2) provide to the public, in perpetuity and without charge, access to the property.Directs the Secretary to require that the Church of Jesus Christ of Latter Day Saints and its current or future affiliated corporations grant the United States a right of first refusal to acquire the property at historic fair market value if the Church or any of its corporations seeks to dispose of it.Requires that the proceeds of this conveyance be used exclusively by the National Trails Interpretive Center Foundation, Inc. of Casper, Wyoming, to advance the public understanding and enjoyment of the National Historic Trails System. Requires the Foundation to use such proceeds only to: (1) complete construction of the exhibits connected with the opening of the National Historic Trails Center; and (2) maintain, acquire, and further enhance the Center's exhibits, artistic representations, historic artifacts, and grounds.States that this title does not set a precedent for the resolution of land sales between or among private entities and the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Repeal of Obamacare Act''. SEC. 2. FINDINGS. Congress finds the following with respect to the impact of Public Law 111-148 and related provisions of Public Law 111-152 (collectively referred to in this section as ``the law''): (1) President Obama promised the American people that if they liked their current health coverage, they could keep it. But even the Obama Administration admits that tens of millions of Americans are at risk of losing their health care coverage, including as many as 8 in 10 plans offered by small businesses. (2) Despite projected spending of more than two trillion dollars over the next 10 years, cutting Medicare by more than one-half trillion dollars over that period, and increasing taxes by over $800 billion dollars over that period, the law does not lower health care costs. In fact, the law actually makes coverage more expensive for millions of Americans. The average American family already paid a premium increase of approximately $1,200 in the year following passage of the law. The Congressional Budget Office (CBO) predicts that health insurance premiums for individuals buying private health coverage on their own will increase by $2,100 in 2016 compared to what the premiums would have been in 2016 if the law had not passed. (3) The law cuts more than one-half trillion dollars in Medicare and uses the funds to create a new entitlement program rather than to protect and strengthen the Medicare program. Actuaries at the Centers for Medicare & Medicaid Services (CMS) warn that the Medicare cuts contained in the law are so drastic that ``providers might end their participation in the program (possibly jeopardizing access to care for beneficiaries)''. CBO cautioned that the Medicare cuts ``might be difficult to sustain over a long period of time''. According to the CMS actuaries, 7.4 million Medicare beneficiaries who would have been enrolled in a Medicare Advantage plan in 2017 will lose access to their plan because the law cuts $206 billion in payments to Medicare Advantage plans. The Trustees of the Medicare Trust Funds predict that the law will result in a substantial decline in employer-sponsored retiree drug coverage, and 90 percent of seniors will no longer have access to retiree drug coverage by 2016 as a result of the law. (4) The law creates a 15-member, unelected Independent Payment Advisory Board that is empowered to make binding decisions regarding what treatments Medicare will cover and how much Medicare will pay for treatments solely to cut spending, restricting access to health care for seniors. (5) The law and the more than 13,000 pages of related regulations issued before July 11, 2012, are causing great uncertainty, slowing economic growth, and limiting hiring opportunities for the approximately 13 million Americans searching for work. Imposing higher costs on businesses will lead to lower wages, fewer workers, or both. (6) The law imposes 21 new or higher taxes on American families and businesses, including 12 taxes on families making less than $250,000 a year. (7) While President Obama promised that nothing in the law would fund elective abortion, the law expands the role of the Federal Government in funding and facilitating abortion and plans that cover abortion. The law appropriates billions of dollars in new funding without explicitly prohibiting the use of these funds for abortion, and it provides Federal subsidies for health plans covering elective abortions. Moreover, the law effectively forces millions of individuals to personally pay a separate abortion premium in violation of their sincerely held religious, ethical, or moral beliefs. (8) Until enactment of the law, the Federal Government has not sought to impose specific coverage or care requirements that infringe on the rights of conscience of insurers, purchasers of insurance, plan sponsors, beneficiaries, and other stakeholders, such as individual or institutional health care providers. The law creates a new nationwide requirement for health plans to cover ``essential health benefits'' and ``preventive services'', but does not allow stakeholders to opt out of covering items or services to which they have a religious or moral objection, in violation of the Religious Freedom Restoration Act (Public Law 103-141). By creating new barriers to health insurance and causing the loss of existing insurance arrangements, these inflexible mandates jeopardize the ability of institutions and individuals to exercise their rights of conscience and their ability to freely participate in the health insurance and health care marketplace. (9) The law expands Government control over health care, adds trillions of dollars to existing liabilities, drives costs up even further, and too often puts Federal bureaucrats, instead of doctors and patients, in charge of health care decisionmaking. (10) The path to patient-centered care and lower costs for all Americans must begin with a full repeal of the law. SEC. 3. REPEAL OF OBAMACARE. (a) PPACA.--Effective as of the enactment of Public Law 111-148, such Act (other than subsection (d) of section 1899A of the Social Security Act, as added and amended by sections 3403 and 10320 of such Public Law) is repealed, and the provisions of law amended or repealed by such Act (other than such subsection (d)) are restored or revived as if such Act had not been enacted. (b) Health Care-Related Provisions in the Health Care and Education Reconciliation Act of 2010.--Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 (Public Law 111- 152), title I and subtitle B of title II of such Act are repealed, and the provisions of law amended or repealed by such title or subtitle, respectively, are restored or revived as if such title and subtitle had not been enacted. SEC. 4. BUDGETARY EFFECTS OF THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, as long as such statement has been submitted prior to the vote on passage of this Act. Passed the House of Representatives July 11, 2012. Attest: KAREN L. HAAS, Clerk.", "summary": "Repeal of Obamacare Act - Repeals the Patient Protection and Affordable Care Act, effective as of its enactment. Restores provisions of law amended by such Act. Repeals the health care provisions of the Health Care and Education and Reconciliation Act of 2010, effective as of the Act's enactment. Restores provisions of law amended by the Act's health care provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be referred to as the ``Sweetgrass Hills Protection Act of 1995''. SEC. 2. SPECIAL MANAGEMENT AREA. (a) In General.--For the purpose of conserving, protecting, and enhancing the exceptional scenic, wildlife, water quality, and cultural characteristics of lands along the Sweetgrass Hills in north central Montana, there is hereby established the Sweetgrass Hills Natural Area within the Bureau of Land Management's Sweetgrass Hills Area of Critical Environmental Concern (ACEC) as identified in the West HiLine Resource Management Plan in the State of Montana (hereinafter in this Act referred to as the ``natural area''). (b) Area Included.--The natural area shall consist of the lands, waters, and interests therein within the area generally depicted on the map entitled ``Boundary Map, . . .'', numbered ________, and Dated __________. The map shall be on file and available for public inspection in the office of the Bureau of Land Management, Department of the Interior. The Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary'') may from time to time make minor revisions in the boundary of the natural area to promote management effectiveness and efficiency in the furtherance of this Act. SEC. 3. ADMINISTRATION. (a) In General.--The Secretary shall administer the natural area in accordance with this Act and with the provisions of law generally applicable to units of the Bureau of Land Management. In the administration of such natural area, the Secretary may utilize such statutory authority as may be available to him for the conservation of wildlife, natural and cultural resources, and water quality as he deems necessary to carry out the purposes of this Act. (b) Hunting and Fishing.--The Secretary shall permit hunting and fishing on lands and waters within the natural area in accordance with applicable Federal and State law. SEC. 4. ACQUISITION OF LANDS. The Secretary is directed to acquire lands or interests in lands within the boundaries of the natural area that are necessary to carry out the purposes of this Act by donation, purchase with donation or appropriated funds, or exchange. Lands within the boundaries of the natural area owned by the State of Montana or any political subdivision thereof may only be acquired by donation or exchange. SEC. 5. MINERALS AND MINING. (a) Withdrawals.--After the enactment of this Act: (1) Lands within the natural area shall not be open to location of mining claims under the mining laws of the United States. (2) The Secretary shall not issue any lease under the mineral leasing or geothermal leasing laws of the United States for lands within the natural area. (3) Lands within the natural area shall not be available for disposal of mineral materials under the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following). (b) Limitation on Patent Issuance.--(1) Notwithstanding any other provision of law, no patents shall be issued after July 19, 1995, for any location or claim made in the natural area under the mining laws of the United States. (2) Notwithstanding any statute of limitations or similar restriction otherwise applicable, any party claiming to have been deprived of any property right enactment of paragraph (1) may file in the United States Claims Court a claim against the United States within one year after the date of enactment of this Act seeking compensation for such property right. The United States Claims Court shall have jurisdiction to render judgement on such claim in accordance with section 1491 of title 28, United States Code. (c) Prohibition.--No Federal lands may be used in connection with any mining or mining related activities within the Natural Area. (d) Reclamation.--No mining or mining related activities involving any surface disturbance of lands or waters within such area, including disturbances through subsistence, shall be permitted except in accordance with requirements imposed by the Secretary, including requirements for reasonable reclamation of disturbed lands to a visual and hydrological condition as close as practicable to their premining condition. (e) Mining Claim Validity Review.--The Secretary shall undertake and complete within three years after the enactment of this Act an expedited program to examine all unpatented mining claims, including those for which a patent application has been filed, within the natural area. Upon determination by the Secretary that the elements of contest are present, the Secretary shall immediately determine the validity of such claims. If a claim is determined to be invalid, the Secretary shall declare the claim null and void. SEC. 6. AUTHORIZATION FOR APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.", "summary": "Sweetgrass Hills Protection Act of 1995 - Establishes the Sweetgrass Hills Natural Area within the Bureau of Land Management's Sweetgrass Hills Area of Critical Environmental Concern in north central Montana for the purpose of conserving, protecting, and enhancing the exceptional scenic, wildlife, water quality, and cultural characteristics of such Area. Requires the Secretary of the Interior to administer the area in accordance with this Act and with the provisions of law generally applicable to units of the Bureau of Land Management. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hiring Heroes Tax Incentive Act of 2009''. SEC. 2. CREDIT FOR EMPLOYERS WHO EMPLOY MEMBERS OF THE READY RESERVE AND NATIONAL GUARD AND VETERANS RECENTLY SEPARATED FROM THE ARMED FORCES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by inserting after section 45Q the following new section: ``SEC. 45R. CREDIT FOR EMPLOYERS WHO EMPLOY MEMBERS OF THE READY RESERVE AND NATIONAL GUARD AND VETERANS RECENTLY SEPARATED FROM THE ARMED FORCES. ``(a) Allowance of Credit.--For purposes of section 38, the amount of the military employment credit determined under this section with respect to any employer for any taxable year is 15 percent of the qualified wages paid or incurred during the calendar year which ends with or within such taxable year. ``(b) Qualified Wages.-- ``(1) In general.--For purposes of this section, the term `qualified wages' means any wages paid or incurred by an employer for services performed by a qualified employee. ``(2) Only first $10,000 of wages per year taken into account.--With respect to each employee, the amount of qualified wages which may be taken into account for a calendar year shall not exceed $10,000. ``(3) Coordination with other credits.--The $10,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credit under section 45A(a), 45P(a), 51(a), 1396(a), 1400P(b), or 1400R. ``(c) Qualified Employee.--For purposes of this section-- ``(1) Qualified employee.--The term `qualified employee' means, with respect to any period, any employee of an employer if during such period-- ``(A) substantially all of the services performed by such employee for such employer are performed in a trade or business of the employer, and ``(B) such employee is-- ``(i) a Ready Reserve-National Guard employee, or ``(ii) a recently-separated veteran. ``(2) Certain individuals not eligible.--The term `qualified employee' shall not include any individual described in a subparagraph of section 1396(d)(2) (relating to certain individuals not eligible to be qualified zone employees). ``(3) Ready reserve-national guard employee.--The term `Ready Reserve-National Guard employee' means an employee who is a member of the Ready Reserve (as defined in section 10142 of title 10, United States Code) or the National Guard (as defined in section 101(c)(1) of such title 10). ``(4) Recently-separated veteran.--The term `recently- separated veteran' means an individual who served on active duty (other than active duty for training) in the Armed Forces of the United States and was discharged or released therefrom under honorable conditions within the 5-year period ending on the date of the performance of services. ``(d) Other Definitions and Special Rules.-- ``(1) Wages.--For purposes of this section, the term `wages' has the meaning given to such term by section 1397(a). ``(2) Controlled groups, etc.--Rules similar to the rules of subsections (b) and (c) of section 1397 shall apply for purposes of this section. ``(e) Termination.--The term `wages' shall not include any amount paid or incurred to an individual who begins work for the employer after December 31, 2012.''. (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code (relating to denial of deduction for certain expenses for which credits are allowable) is amended by inserting ``45R,'' after ``45P(a),''. (c) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by inserting after paragraph (35) the following new paragraph: ``(36) the military employment credit determined under section 45R(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45R. Credit for employers who employ members of the Ready Reserve and National Guard and veterans recently separated from the Armed Forces.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Hiring Heroes Tax Incentive Act of 2009 - Amends the Internal Revenue Code to allow employers a tax credit for up to 15% of the first $10,000 of wages paid to a Ready Reserve-National Guard employee or a recently-separated veteran (i.e., honorably discharged within the past five years). Terminates such credit after 2012."}
{"article": "SECTION 1. FINDINGS. The Congress makes the following findings: (1) Although a 1991 Sudanese criminal law prohibited abduction, kidnapping, forced labor, unlawful confinement, and unlawful detention, and although Sudan categorically denies the practice of slavery in Sudan, slavery continues unabated in Sudan. (2) The United States Department of State's Country Human Rights Report for 1995 noted that ``government forces carried out massacres, extrajudicial kidnapping, forced labor, and slavery'' in Sudan. (3) Amnesty International reports that the Government of Sudan abducted women and children from Northern Bahr al-Ghazal and the Nuba Mountains and during one of the raids of April and May of 1995 in the Babanusa to Wau area, 500 women and 150 children were taken as slaves. (4) In April 1996, a report by the United Nations Special Representative for Sudan, Gaspar Biro, reported ``an alarming increase in cases of slavery, servitude, slave trade and forced labor''. The taking of slaves, particularly in war zones, and their export to parts of central and northern Sudan, continues in Sudan. (5) Amnesty International reports that Sudan is party to the International Covenant on Civil and Political Rights, the African Charter on Human and People's Rights, the Slavery Convention, and the Convention on the Rights of the Child. Yet, despite being a party to these agreements, slavery still exists in Sudan. SEC. 2. PROHIBITION OF ECONOMIC ASSISTANCE, MILITARY ASSISTANCE, OR ARMS TRANSFERS TO THE GOVERNMENT OF SUDAN AND THE GOVERNMENTS OF CERTAIN OTHER FOREIGN COUNTRIES. (a) Prohibition on Assistance to Government of Sudan.--The President may not provide economic assistance, military assistance, or arms transfers to the Government of Sudan unless the President certifies to the Congress that such Government has taken appropriate action to eliminate chattel slavery in Sudan, including-- (1) the enactment of antislavery laws that provide appropriate punishment for violators of such laws; and (2) the rigorous enforcement of such laws. (b) Prohibition on Assistance to Governments of Certain Other Foreign Countries.--The President may not provide economic assistance, military assistance, or arms transfers to the government of any foreign country that participates, or is otherwise involved, in the establishment or conduct of slavery originating from Sudan, directly or indirectly. (c) Definitions.--As used in this section: (1) Economic assistance.--The term ``economic assistance'' means any assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and any assistance under chapter 4 of part II of such Act (22 U.S.C. 2346 et seq.) (relating to economic support fund), except that such term does not include humanitarian assistance. (2) Military assistance or arms transfers.--The term ``military assistance or arms transfers'' means-- (A) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) (relating to military assistance), including the transfer of excess defense articles under sections 516 through 519 of that Act (22 U.S.C. 2321j through 2321m); (B) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) (relating to international military education and training); (C) assistance under the ``Foreign Military Financing Program'' under section 23 of the Arms Export Control Act (22 U.S.C. 2763); or (D) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including defense articles and defense services licensed or approved for export under section 38 of that Act (22 U.S.C. 2778). SEC. 3. ESTABLISHMENT OF SLAVERY MONITOR IN SUDAN. The Secretary of State shall designate an individual who is assigned to the diplomatic mission in Khartoum, Sudan, to be responsible for monitoring slavery in Sudan, when such diplomatic mission is reestablished. SEC. 4. REPORT ON SLAVERY IN SUDAN. Not later than 90 days after the date of the enactment of this Act, and every 6 months thereafter, the President shall prepare and transmit to the Congress a report that describes all forms of covert and overt forms of slavery in Sudan. SEC. 5. MULTILATERAL MEASURES TO ELIMINATE SLAVERY IN SUDAN. (a) Requirement To Oppose Assistance to Sudan From Certain International Financial Institutions.--The President shall instruct the United States representative to each international financial institution to which the United States is a member to use the voice and vote of the United States to oppose any assistance from that financial institution to Sudan until the Government of Sudan has taken the actions described in section 2(a) to eliminate chattel slavery in Sudan. (b) Cooperation With Other Countries To Apply United States Sanctions Against Sudan.--The President shall instruct the United States permanent representative to the United Nations to actively pursue the passage of any resolution by the United Nations Security Council that enhances the cooperation of other countries in the application of the spirit and intent of the sanctions against Sudan described in this Act and in any other Act. (c) Sense of the Congress Relating to Access by Humanitarian Assistance Organizations Within Sudan.--It is the sense of the Congress that the President should work with foreign countries and appropriate international organizations to ensure that humanitarian assistance organizations have access to all parts of Sudan for the purpose of assisting individuals who have been enslaved to resettle in Sudan.", "summary": "Prohibits the President from providing economic assistance, military assistance, or arms transfers to Sudan (or to any foreign country involved in chattel slavery in Sudan) unless he certifies to the Congress that Sudan has taken action to eliminate chattel slavery, including: (1) enactment of antislavery laws that punish violators; and (2) rigorous enforcement of such laws. Directs the Secretary of State to designate an individual from the diplomatic mission in Khartoum, Sudan, for monitoring slavery there. Requires the President to report to the Congress on all forms of covert and overt forms of slavery in Sudan. Directs the President to instruct: (1) the U.S. representative to each international financial institution to oppose any assistance to Sudan until it has taken action to eliminate chattel slavery; and (2) the U.S. permanent representative to the United Nations to pursue passage of any U.N. Security Council resolution that enhances cooperation of other countries in applying sanctions against Sudan. Expresses the sense of the Congress that the President should work with foreign countries and appropriate international organizations to ensure that humanitarian assistance organizations have access to all parts of Sudan for the purpose of assisting individuals who have been enslaved to resettle in Sudan."}
{"article": "SECTION 1. EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE. (a) In General.--Section 121 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 121. EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE. ``(a) General Rule.--Gross income does not include gain from the sale or exchange of property if during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as his principal residence for periods aggregating 2 years or more. ``(b) Dollar Limitation.-- ``(1) In general.--The amount of the gain excluded from gross income under subsection (a) shall not exceed $250,000 ($500,000 in the case of a joint return where both spouses meet the holding and use requirements of subsection (a)). ``(2) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning in a calendar year after 1997, the $250,000 and $500,000 amounts contained in paragraph (1) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ``(c) Special Rules.-- ``(1) Property held jointly by husband and wife.--For purposes of this section, if-- ``(A) property is held by a husband and wife as joint tenants, tenants by the entirety, or community property, ``(B) such husband and wife make a joint return under section 6013 for the taxable year of the sale or exchange, and ``(C) one spouse satisfies the holding and use requirements of subsection (a) with respect to such property, then both husband and wife shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(2) Property of deceased spouse.--For purposes of this section, in the case of an unmarried individual whose spouse is deceased on the date of the sale or exchange of property, if the deceased spouse (during the 5-year period ending on the date of the sale or exchange) satisfied the holding and use requirements of subsection (a) with respect to such property, then such individual shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(3) Tenant-stockholder in cooperative housing corporation.--For purposes of this section, if the taxpayer holds stock as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), then-- ``(A) the holding requirements of subsection (a) shall be applied to the holding of such stock, and ``(B) the use requirements of subsection (a) shall be applied to the house or apartment which the taxpayer was entitled to occupy as such stockholder. ``(4) Involuntary conversions.--For purposes of this section, the destruction, theft, seizure, requisition, or condemnation of property shall be treated as the sale of such property. ``(5) Property used in part as principal residence.--In the case of property only a portion of which, during the 5-year period ending on the date of the sale or exchange, has been owned and used by the taxpayer as his principal residence for periods aggregating 2 years or more, this section shall apply with respect to so much of the gain from the sale or exchange of such property as is determined, under regulations prescribed by the Secretary, to be attributable to the portion of the property so owned and used by the taxpayer. ``(6) Determination of marital status.--In the case of any sale or exchange, for purposes of this section-- ``(A) the determination of whether an individual is married shall be made as of the date of the sale or exchange; and ``(B) an individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(7) Application of sections 1033 and 1034.---In applying sections 1033 (relating to involuntary conversions) and 1034 (relating to sale or exchange of residence), the amount realized from the sale or exchange of property shall be treated as being the amount determined without regard to this section. ``(8) Property acquired after involuntary conversion.--If the basis of the property sold or exchanged is determined (in whole or in part) under subsection (b) of section 1033 (relating to basis of property acquired through involuntary conversion), then the holding and use by the taxpayer of the converted property shall be treated as holding and use by the taxpayer of the property sold or exchanged. ``(9) Determination of use during periods of out-of- residence care.--In the case of a taxpayer who-- ``(A) becomes physically or mentally incapable of self-care, and ``(B) owns property and uses such property as the taxpayer's principal residence during the 5-year period described in subsection (a) for periods aggregating at least 1 year, then the taxpayer shall be treated as using such property as the taxpayer's principal residence during any time during such 5-year period in which the taxpayer owns the property and resides in any facility (including a nursing home) licensed by a State or political subdivision to care for an individual in the taxpayer's condition. ``(d) Election To Have Section Not Apply.--At the election of the taxpayer with respect to any sale or exchange of a principal residence, this section shall not apply to such sale or exchange.'' (b) Conforming Amendments.-- (1) Paragraph (3) of section 1033(k) is amended to read as follows: ``(3) For exclusion from gross income of gain from involuntary conversion of principal residence, see section 121.'' (2) Subparagraph (A) of section 1038(e)(1) is amended by striking ``(relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55)'' and inserting the following: ``(relating to gain on sale of principal residence)''. (3) subparagraph (B) of section 1250(d)(7) is amended to read as follows: ``(B) property in respect of which the taxpayer meets the ownership requirements of section 121, but only to the extent that the taxpayer meets the use requirements of such section in respect of such property.'' (4) Subsection (c) of section 6012 is amended by striking ``(relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55)'' and inserting ``(relating to gain from sale of principal residence)''. (5) The item relating to section 121 in the table of sections for part III of subchapter B of chapter 1 is amended to read as follows: ``Sec. 121. Exclusion of gain from sale of principal residence.'' (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges on or after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to exclude up to $250,000 ($500,000 jointly) of gain on the sale of a principal residence if owned and used as the principal residence for periods aggregating at least two years during the five-year period prior to sale or exchange. Sets forth special rules relating to: (1) jointly held property; (2) a deceased spouse; (3) a cooperative housing tenant-stockholder; (4) partial principal residence use; (5) determination of marital status; (6) acquisition after involuntary conversion; and (6) periods of out-of-residence health care."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Victims Housing Act''. SEC. 2. DEFINITIONS. In this Act: (1) Abuse.--The term ``abuse'' includes any act that constitutes or causes, any attempt to commit, or any threat to commit-- (A) any bodily injury or physical illness, including placing, by physical menace, another in fear of imminent serious bodily injury; (B) any rape, sexual assault, or involuntary sexual activity, or any sexual activity with a dependent child; (C) the infliction of false imprisonment or other nonconsensual restraints on liberty of movement; (D) deprivation of medical care, housing, food, or other necessities of life; or (E) mental or psychological abuse, including repeated or severe humiliation, intimidation, criticism, acts designed to induce terror, or verbal abuse. (2) Domestic violence.--The term ``domestic violence'' means abuse that is committed against an individual by-- (A) a spouse or former spouse of the individual; (B) an individual who is the biological parent or stepparent of a child of the individual subject to the abuse, who adopted such child, or who is a legal guardian to such a child; (C) an individual with whom the individual subject to the abuse is or was cohabiting; (D) a current or former romantic, intimate, or sexual partner of the individual; or (E) an individual from whom the individual subject to the abuse would be eligible for protection under the domestic violence, protection order, or family laws of the applicable jurisdiction. (3) Family victimized by domestic violence.-- (A) In general.--The term ``family victimized by domestic violence'' means a family or household that includes an individual who has been determined under subparagraph (B) to have been subject to domestic violence, but does not include any individual described in paragraph (3) who committed the domestic violence. The term includes any such family or household in which only a minor or minors are the individual or individuals who was or were subject to domestic violence only if such family or household also includes a parent, stepparent, legal guardian, or other responsible caretaker for the child. (B) Determination that family or individual was subject to domestic violence.--For purposes of subparagraph (A), a determination under this subparagraph is a determination that domestic violence has been committed, which is made by any agency or official of a State or unit of general local government (including a public housing agency) based upon-- (i) information provided by any medical, legal, counseling, or other clinic, shelter, or other program or entity licensed, recognized, or authorized by the State or unit of general local government to provide services to victims of domestic violence; (ii) information provided by any agency of the State or unit of general local government that provides or administers the provision of social, legal, or health services; (iii) information provided by any clergy; (iv) information provided by any hospital, clinic, medical facility, or doctor licensed or authorized by the State or unit of general local government to provide medical services; (v) a petition or complaint filed in a court or law or documents or records of action of any court or law enforcement agency, including any record of any protection order, injunction, or temporary or final order issued by civil or criminal courts or any police report; or (vi) any other reliable evidence that domestic violence has occurred. (4) Public housing agency.--The term ``public housing agency'' has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (6) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (7) Unit of general local government.--The term ``unit of general local government'' has the meaning given the term in section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)). SEC. 3. AUTHORIZATION OF APPROPRIATIONS. The budget authority under section 5(c) of the United States Housing Act of 1937 for assistance under subsections (b) and (o) of section 8 of such Act is authorized to be increased by-- (1) $50,000,000 on or after October 1, 1997; and (2) such sums as may be necessary on or after October 1, 1998. SEC. 4. USE OF AMOUNTS FOR HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC VIOLENCE. (a) In General.--Amounts available pursuant to section 3 shall be made available by the Secretary of Housing and Urban Development only to public housing agencies only for use in providing tenant-based rental assistance on behalf of families victimized by domestic violence who have left or who are leaving a residence as a result of the domestic violence. (b) Determination.--For purposes of subsection (a), a family victimized by domestic violence shall be considered to have left or to be leaving a residence as a result of domestic violence, if the public housing agency providing rental assistance under this Act determines that the member of the family who was subject to the domestic violence reasonably believes that relocation from such residence will assist in avoiding future domestic violence against such member or another member of the family. (c) Allocation.--Amounts made available pursuant to section 3 shall be allocated by the Secretary to one or more public housing agencies that submit applications to the Secretary that, in the determination of the Secretary, best demonstrate-- (1) a need for such assistance; and (2) the ability to use that assistance in accordance with this Act.", "summary": "Domestic Violence Victims Housing Act - Increases specified authorizations of appropriations under the United States Housing Act of 1937 to provide rental relocation assistance to victims of domestic violence."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Established Provider Act of 2015''. SEC. 2. MEDICARE ESTABLISHED PROVIDER SYSTEM. Title XVIII of the Social Security Act is amended by inserting after section 1893 of such Act (42 U.S.C. 1395ddd) the following new section: ``SEC. 1893A. MEDICARE ESTABLISHED PROVIDER SYSTEM. ``(a) In General.--The Secretary shall develop and implement a system (in this section referred to as the `Medicare Established Provider System') to designate providers of services and suppliers who represent a low risk for submitting fraudulent claims for payment under this title as established providers for purposes of applying the protections described in subsection (c). Under such system-- ``(1) the Secretary shall establish a process, in accordance with subsection (c), under which-- ``(A) providers of services and suppliers may apply for designation as established providers; ``(B) such providers and suppliers who qualify, in accordance with subsection (b), as established providers are so designated (including through the use of entities trained by an Internet training course of the Centers for Medicare & Medicaid Services or through training provided by other specified organizations); and ``(C) such providers and suppliers who no longer qualify as established providers lose such designation; and ``(2) the Secretary shall establish an electronic system for the submission of documentation by providers of services, suppliers, or third parties, with respect to a claim for payment under this title that is under review, for each level of review applicable to such claim. ``(b) Qualifying as Established Providers.--Under such system, to qualify as an established provider for a period with respect to a reporting period (as specified by the Secretary), a provider of services or supplier shall demonstrate, as specified by the Secretary, that-- ``(1) with respect to the reporting period beginning after the date of the enactment of this section, at least 90 percent of claims for payment under this title for items and services furnished by such provider or supplier for which any review was conducted under section 1869 were determined to be eligible for payment or partial payment under this title; and ``(2) of all claims for payment under this title for items and services furnished by such provider or supplier for which an initial determination was made that payment may not be made under this title, at least 90 percent were appealed by such provider or supplier. ``(c) Designation Process.--The process under subsection (a)(1)-- ``(1) shall allow a provider of services or supplier designated as an established provider under this section to demonstrate that the provider or supplier maintains compliance with the qualification requirements under subsection (b) based on annual updates on the status of claims for payment under this title for items and services furnished by such provider or supplier with respect to each level of review, including the number of such claims within each such level of review for which a determination was made that payment should be made, should be partially made, or should not be made under this title; ``(2) shall provide a method through which it may be determined whether or not the qualifying requirements under subsection (b) have been satisfied and maintained by a provider of services or supplier with respect to a period; ``(3) provide for the identification of established providers within appropriate systems of the Centers of Medicare & Medicaid Services; and ``(4) provide for a global track record of compliance by providers of services and suppliers with the qualifying requirements under subsection (b), including by identifying such providers and suppliers by the management company provider number rather than by each individual provider, supplier, or facility, for purposes of efficiency. ``(d) Protections for Established Providers.--Notwithstanding any other provision of law, in the case of a provider of services or supplier designated as an established provider under this section with respect to a period the following protections shall apply: ``(1) With respect to a claim submitted during such period for payment under this title for items or services furnished by such provider or supplier, which is subject to review for whether or not payment should be made under such title and with respect to which an additional documentation request has been issued, payment under this title for such claim may not be withheld unless a final determination has been made that such payment should not be made. ``(2) In the case that a final determination has been made that payment under this title should not have been made with respect to a claim described in paragraph (1), repayment of such payment shall be made electronically by the provider not later than 45 days after notification of such decision. In applying the previous sentence, if the Secretary determines that repayment within such 45-day period would result in a significant hardship to the provider involved, the Secretary may, on a case-by-case basis, extend the 45-day period described in such sentence by such number of days as the Secretary determines appropriate in accordance with a specified repayment plan. ``(3) The Secretary shall provide for a method to apply section 1869 with respect to an initial determination of any claim submitted during such period for payment under this title for items and services furnished by such provider or supplier, without the application of paragraph (3) of section 1869(a) (relating to redeterminations).''.", "summary": "Medicare Established Provider Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services (HHS) to develop a system for designating providers that represent a low risk of submitting fraudulent Medicare claims as \"established providers\" for purposes of applying for special treatment in the claim review process. To qualify as an established provider, a provider must demonstrate that, within a specified timeframe: (1) at least 90% of Medicare claims submitted by the provider were determined to be eligible for full or partial payment, and (2) the provider appealed at least 90% of all Medicare claims that were not initially determined to be eligible for payment. HHS may withhold payment for a Medicare claim made by an established provider only if a final determination has been made that the claim is ineligible for payment. If such a final determination is made, the provider shall repay such payment electronically and within a specified timeframe."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``California New River Restoration Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) the New River was born out of the Colorado River's occasional flows into the Salton Sink and the erosion of the New River channel which formed the deep river canyon between 1905 and 1907; (2) the New River starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley and drains into the Salton Sea, roughly 66 miles north of the international boundary, and the sub- watershed covers approximately 750 square miles, with 63 percent of that in Mexico and 37 percent in the United States; (3) the New River has been widely recognized for its significant water pollution problems, primarily because of agricultural runoff, raw sewage, pesticides, and discharges of wastes from domestic, agricultural, and industrial sources in Mexico and the Imperial Valley; (4) by the 1980s, the New River acquired the reputation of being one of the most polluted rivers in the United States, with many of the pollutants posing serious human health hazards to local populations, particularly those in Calexico and Mexicali; (5) in 1992, the International Boundary Water Commission's Treaty Minute No. 288 established a sanitation strategy for the New River water quality problems at the international boundary and divided the sanitation projects into two immediate repairs projects, the Mexicali I and the Mexicali II, which totaled about $50 million dollars and were funded by both countries through the North American Development Bank; (6) in 1995, the Environmental Protection Agency provided funds to the California Regional Water Quality Control Board to monitor and document the water quality at the international boundary on a monthly basis; (7) in the late 1990s, the United States and Mexico spent $100 million (45 percent paid by Mexico and 55 percent paid by the United States) to build the Las Arenitas and Zaragoza Wastewater Treatment plants, and untreated New River water passing through four microbial treatment cells at Las Arenitas was then chlorinated and fed into a re-forestation project along the desiccated Rio Hardy which stretches to the Sea of Cortez; (8) a 10-year effort by community groups, lawyers, regulatory agencies, and politicians addressed the problem at the source by federally funding a new sewage treatment plant in Mexicali and developing a site plan for the river on the United States side; (9) in 2009, the State of California required the California-Mexico Border Relations Council to create a strategic plan to study, monitor, remediate, and enhance the New River's water quality to protect human health and develop a river parkway suitable for public use; (10) flows in the New River at the International Boundary with Mexico have been reduced by as much as 40 percent during the last 10 years due to a number of factors which include reduction of agricultural runoff and municipal wastewater discharged into the New River and its tributaries in Mexico; and (11) the existing and ongoing voluntary conservation efforts at the New River necessitate improved efficiency and cost effectiveness, as well as increased private-sector investments and coordination of Federal and non-Federal resources, including through installation of a large trash screen, a new pump station, aeration devices, a disinfection facility, and managed wetlands. SEC. 3. DEFINITIONS. In this Act: (1) New river.--The term ``New River'' means the river that starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley, and drains into the Salton Sea. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Program.--The term ``program'' means the California New River restoration program established under section 4. (4) Restoration and protection.--The term ``restoration and protection'' means the conservation, stewardship, and enhancement of habitat for fish and wildlife to preserve and improve ecosystems and ecological processes on which they depend. (5) Mexican.--The term ``Mexican'' refers to the Federal, State, and local governments of the United Mexican States. SEC. 4. CALIFORNIA NEW RIVER RESTORATION PROGRAM ESTABLISHMENT. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the ``California New River restoration program''. (b) Duties.--In carrying out the program, the Administrator shall-- (1) draw on existing and new management plans for the New River, or portions of the New River, and work in consultation with applicable management entities, including representatives of the Calexico New River Committee, the California-Mexico Border Relations Council, the New River Improvement Project Technical Advisory Committee, the Federal Government, State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities relating to the New River; (2) adopt a New River-wide strategy that-- (A) supports the implementation of a shared set of science-based restoration and protection activities identified in accordance with paragraph (1); (B) targets cost-effective projects with measurable results; and (C) maximizes conservation outcomes with no net gain of Federal full-time equivalent employees; and (3) provide grants and technical assistance in accordance with section 5. (c) Coordination.--In establishing the program, the Administrator shall consult, as appropriate, with-- (1) the heads of Federal agencies, including-- (A) the Secretary of the Interior; (B) the Secretary of Agriculture; (C) the Administrator of General Services; (D) the Commissioner of the International Boundary Water Commission; and (E) the head of any other applicable agency; (2) the Governor of California; (3) the Imperial Irrigation District; (4) the Colorado River Basin Regional Water Quality Control Board; and (5) other public agencies and organizations with authority for the planning and implementation of conservation strategies relating to the New River in both the United States and Mexico. (d) Purposes.--The purposes of the program include-- (1) coordinating restoration and protection activities, among Mexican, Federal, State, local, and regional entities and conservation partners, relating to the New River; and (2) carrying out coordinated restoration and protection activities, and providing for technical assistance relating to the New River-- (A) to sustain and enhance fish and wildlife habitat restoration and protection activities; (B) to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife; (C) to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat; (D) to improve opportunities for public access to, and recreation in and along, the New River consistent with the ecological needs of fish and wildlife habitat; (E) to facilitate strategic planning to maximize the resilience of natural systems and habitats under changing watershed conditions; (F) to engage the public through outreach, education, and citizen involvement, to increase capacity and support for coordinated restoration and protection activities relating to the New River; (G) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; and (H) to provide technical assistance to carry out restoration and protection activities relating to the New River. SEC. 5. GRANTS AND ASSISTANCE. (a) In General.--In carrying out the program, the Administrator shall provide grants and technical assistance to State and local governments, nonprofit organizations, and institutions of higher education, in both the United States and Mexico, to carry out the purposes of the program. (b) Criteria.--The Administrator, in consultation with the organizations described in section 4(c), shall develop criteria for providing grants and technical assistance under this section to ensure that such activities accomplish one or more of the purposes identified in section 4(d)(2) and advance the implementation of priority actions or needs identified in the New River-wide strategy adopted under section 4(b)(2). (c) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of a project for which a grant is provided under this section shall not exceed 55 percent of the total cost of the activity, as determined by the Administrator. (2) Non-federal share.--The non-Federal share of the cost of a project for which a grant is provided under this section may be provided in the form of an in-kind contribution of services or materials. (d) Administration.-- (1) In general.--The Administrator may enter into an agreement to manage the implementation of this section with the North American Development Bank or a similar organization that offers grant management services. (2) Funding.--If the Administrator enters into an agreement under paragraph (1), the organization selected shall-- (A) for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year; (B) invest and reinvest those amounts for the benefit of the program; and (C) otherwise administer the implementation of this section to support partnerships between the public and private sectors in accordance with this Act. SEC. 6. ANNUAL REPORTS. Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report on the implementation of this Act, including a description of each project that has received funding under this Act, goals established by New River-wide strategy, and the status of all such projects that are in progress on the date of submission of the report.", "summary": "California New River Restoration Act of 2016 This bill requires the Environmental Protection Agency (EPA) to establish a California New River restoration program for the river that starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley, and drains into the Salton Sea. In carrying out the program, the EPA must: (1) adopt a New River-wide strategy, and (2) provide grants and technical assistance for coordinating restoration and protection activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Asset Investment and Modernization (AIM) Act of 2010''. SEC. 2. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM. Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended-- (1) in clause (i), by striking ``$1,500,000'' and inserting ``$5,000,000''; (2) in clause (ii), by striking ``$2,000,000'' and inserting ``$5,000,000''; (3) in clause (iii), by striking ``$4,000,000'' and inserting ``$5,500,000''; (4) in clause (iv), by striking ``$4,000,000'' and inserting ``$5,500,000''; and (5) in clause (v), by striking ``$4,000,000'' and inserting ``$5,500,000''. SEC. 3. LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM. Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following: ``(8) Temporary authority for debt refinancing of commercial real estate.-- ``(A) In general.--During the period beginning on the date of enactment of this paragraph and ending on September 30, 2012, notwithstanding paragraph (7), the Administrator may approve, for financing under this title, the refinancing of indebtedness that is secured by a lien on commercial real estate or equipment of a small business concern under such terms and conditions as the Administrator determines appropriate, except at a minimum such terms and conditions shall include the following: ``(i) The existing indebtedness is maturing not more than one year after the loan approval date. ``(ii) The proceeds of the existing indebtedness were used to acquire land, including a building situated thereon, to construct a building thereon, or to purchase equipment. ``(iii) The small business concern has been current on all payments due on the existing indebtedness for a period beginning on a date that is not less than 1 year before the date of refinancing and ending on the date of refinancing. ``(iv) At the time of refinancing, the lien shall be assigned or released in a manner that ensures that the financing under this title is in the same lien position as the existing indebtedness. ``(v) The existing indebtedness was incurred for the benefit of the small business concern. ``(vi) The financing under this title will be used only for refinancing existing indebtedness or costs relating to such refinancing. ``(vii) The amount being refinanced may not exceed 90 percent of the appraised value of the commercial real estate or equipment on the date of refinancing or 100 percent of the outstanding principal amount of the existing indebtedness, whichever is less, plus allowable closing costs as determined by the Administrator. ``(viii) Notwithstanding any other provision of this title, for a refinancing under this paragraph-- ``(I) not less than 50 percent of the appraised value of the commercial real estate or equipment on the date of refinancing shall come from the institutions described in subclauses (I), (II) or (III) of paragraph (3)(B)(i): Provided, That if the indebtedness being refinanced pursuant to this paragraph is held by such an institution, or an affiliate thereof, that is providing funds for the refinancing, the institution shall contribute not less than 70 percent of such appraised value of the commercial real estate or equipment; and ``(II) the remaining funds needed for the refinancing (including closing costs) shall come from the development company. ``(ix) In addition to the other fees imposed under this title, the Administrator shall assess, collect, and retain such annual fees in amounts necessary to reduce to zero the cost (as that term is defined in section 502 of the Federal Credit Reform Act of 1990) to the Administrator of making guarantees under the authority of section 503(a) with respect to refinancings under this paragraph. ``(x) The temporary fee elimination authorized under section 501(b) of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, shall not apply to any refinancing made under this paragraph. ``(xi) No fee reduction or elimination applicable to loans under this title shall apply to loans under this paragraph. ``(xii) No portion of the indebtedness may be subject to a guarantee by a Federal agency. ``(xiii) The development company may charge the small business concern a processing fee of up to 50 basis points more than the amount that the Administrator authorizes under section 120.971(a)(1) of title 13, Code of Federal Regulations, as in effect on January 1, 2010. ``(B) Total amount of loans.--The Administrator may provide not more than a total of $7,500,000,000 of financing under this paragraph for each fiscal year. ``(C) Nondelegation.--Notwithstanding section 508(e) of this title, the Administrator may not permit a premier certified lender to approve or disapprove an application for assistance under this paragraph. ``(D) Term appointments.-- ``(i) To carry out the authority under this paragraph, the Administrator may authorize term appointments within the Administration under subchapter I of chapter 33 of title 5, United States Code, for a period of not less than 1 year and not more than 6 years. ``(ii) Notwithstanding chapter 33 of title 5, United States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Administrator may convert an employee serving under a term appointment to a permanent appointment in the competitive service within the Administration without further competition if-- ``(I) such individual was appointed under open, competitive examination under subchapter I of chapter 33 of title 5, United States Code, to the term position; ``(II) the announcement for the term appointment from which the conversion is made stated that there was potential for subsequent conversion to a career-conditional or career appointment; ``(III) the employee has completed at least 2 years of current continuous service under a term appointment in the competitive service; ``(IV) the employee's performance under such term appointment was at least fully successful or equivalent; and ``(V) the position to which such employee is being converted under this section is in the same occupational series, is in the same geographic location, and provides no greater promotion potential than the term position for which the competitive examination was conducted. ``(iii) Notwithstanding chapter 33 of title 5, United States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Administrator may convert an employee serving under a term appointment to a permanent appointment in the competitive service within the Administration through internal competitive promotion procedures if the conditions under subclauses (I) through (IV) of subparagraph (D)(ii) are met. ``(iv) An employee converted under this subparagraph becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure. ``(v) An employee converted to career or career-conditional employment under this subparagraph acquires competitive status upon conversion. ``(E) Elimination of pension offset for certain rehired federal retirees.-- ``(i) In general.--To carry out the authority under this paragraph, the Administrator may waive the application of section 8344 or 8468 of title 5, United States Code, on a case-by-case basis for employment of an annuitant. ``(ii) Procedures.--The Administrator shall prescribe procedures for the exercise of authority under this subparagraph, including-- ``(I) criteria for any exercise of authority; and ``(II) procedures for a delegation of authority. ``(iii) Effect of waiver.--An employee as to whom a waiver under this subparagraph is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84, of title 5, United States Code. ``(F) Emergency rulemaking authority.-- ``(i) The Administrator shall-- ``(I) not later than 90 days after the date of enactment of the Small Business Asset Investment and Modernization (AIM) Act of 2010, without providing notice or opportunity for comment, issue interim regulations implementing this paragraph; and ``(II) not later than 180 days after the date of enactment of the Small Business Asset Investment and Modernization (AIM) Act of 2010, after providing notice and opportunity for comment, issue final regulations implementing this paragraph. ``(ii) The interim regulations issued under clause (i)(I) shall cease to be effective on the date that the Administrator issues final regulations under clause (i)(II).''.", "summary": "Small Business Asset Investment and Modernization (AIM) Act of 2010 - Amends the Small Business Investment Act of 1958 concerning the 504 program (Small Business Administration [SBA] financings to small businesses through certified development companies) to increase maximum program loan amounts. Authorizes the Administrator of the SBA, from the date of enactment of this Act through FY2012, to approve under such program the refinancing of indebtedness that is secured by a lien on commercial real estate or equipment of a small business, under specified terms and conditions. Limits to $7.5 billion the total amount of such financing in a fiscal year. Authorizes the Administrator, in order to carry out such program, to make personnel appointments of at least one year and not more than six years. Allows the Administrator to eliminate the pension offset for the reemployment of retired federal employees for such purposes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrew Jackson Higgins Gold Medal Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Andrew Jackson Higgins was born on August 28, 1886, in Columbus, Nebraska, moved to New Orleans in 1910, and formed Higgins Industries on September 26, 1930; (2) Andrew Jackson Higgins designed, engineered, and produced the ``Eureka'', a unique shallow draft boat, the design of which evolved during World War II into 2 basic classes of military craft, high speed PT boats, and types of Higgins landing craft (LCPs, LCPLs, LCVPs, LCMs and LCSs); (3) Andrew Jackson Higgins designed, engineered, and constructed 4 major assembly line plants in New Orleans for mass production of Higgins landing craft, and other vessels vital to the Allied Forces' conduct of World War II; (4) Andrew Jackson Higgins bought the entire 1940 Philippine mahogany crop and other material purely at risk without a Government contract, anticipating that America would join World War II and that Higgins Industries would need the wood to build landing craft, and Higgins also bought steel, engines, and other material necessary to construct landing craft; (5) Andrew Jackson Higgins, through Higgins Industries, employed a fully integrated assembly line work force, black and white, male and female, of up to 30,000 during World War II, with equal pay for equal work; (6) in 1939, the United States Navy had a total of 18 landing craft in the fleet; (7) from November 18, 1940, when Higgins Industries was awarded its first contract for Higgins landing craft until the conclusion of the war, the employees of Higgins Industries produced 12,300 Landing Craft Vehicle Personnel (LCVP's) and nearly 8,000 other landing craft of all types; (8) during World War II, Higgins Industries employees produced 20,094 boats, including landing craft and Patrol Torpedo boats, and trained 30,000 Navy, Marine, and Coast Guard personnel on the safe operation of landing craft at the Higgins' Boat Operators School; (9) on Thanksgiving Day 1944, General Dwight D. Eisenhower stated in an address to the Nation, ``Let us thank God for Higgins Industries, management, and labor which has given us the landing boats with which to conduct our campaign.''; (10) Higgins landing craft, constructed of wood and steel, transported fully armed troops, light tanks, field artillery, and other mechanized equipment essential to amphibious operations; (11) Higgins landing craft made the amphibious assault on D-day and the landings at Leyte, North Africa, Guadalcanal, Sicily, Iwo Jima, Tarawa, Guam, and thousands of less well- known assaults possible; (12) Captain R.R.M. Emmett, a commander at the North Africa amphibious landing, and later commandant of the Great Lakes Training Station, wrote during the war, ``When the history of this war is finally written by historians, far enough removed from its present turmoil and clamor to be cool and impartial, I predict that they will place Mr. (Andrew Jackson) Higgins very high on the list of those who deserve the commendation and gratitude of all citizens.''; and (13) in 1964, President Dwight D. Eisenhower told historian Steven Ambrose, ``He (Higgins) is the man who won the war for us. If Higgins had not developed and produced those landing craft, we never could have gone in over an open beach. We would have had to change the entire strategy of the war.''. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.-- (1) In general.--The President is authorized, on behalf of Congress, to award a gold medal of appropriate design to-- (A) the family of Andrew Jackson Higgins, honoring Andrew Jackson Higgins (posthumously) for his contributions to the Nation and world peace; and (B) the D-day Museum in New Orleans, Louisiana, for public display, honoring Andrew Jackson Higgins (posthumously) and the employees of Higgins Industries for their contributions to the Nation and world peace. (2) Modalities.--The modalities of presentation of the medals under this Act shall be determined by the President, after consultation with the Speaker of the House of Representatives, the Majority Leader of the Senate, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike 2 gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medals struck under this Act, under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS AS NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 6. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $60,000 to pay for the cost of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.", "summary": "Andrew Jackson Higgins Gold Medal Act - Authorizes the President to present on behalf of Congress a gold medal to: (1) the family of Andrew Jackson Higgins, honoring his contributions to the Nation and world peace; and (2) the D-Day Museum in New Orleans, Louisiana, for public display, honoring Higgins and the employees of Higgins Industries for their contributions to the Nation and world peace.Authorizes the Secretary of the Treasury to strike and sell bronze duplicates."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Victims with Disabilities Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Adults with disabilities experience violence or abuse at least twice as often as people without disabilities. (2) Women with disabilities are more likely to be victimized, to experience more severe and prolonged violence, and to suffer more serious and chronic effects from that violence, than women without such disabilities. (3) An estimated 5,000,000 crimes are committed against individuals with developmental disabilities annually. (4) Over 70 percent of crimes committed against individuals with developmental disabilities are not reported. SEC. 3. PURPOSE. (a) In General.--The purpose of this Act is to increase the awareness, investigation, prosecution, and prevention of crimes against individuals with a disability, including developmental disabilities, and improve services to those who are victimized, by facilitating collaboration among the criminal justice system and a range of agencies and other organizations that provide services to individuals with disabilities. (b) Need for Collaboration.--Collaboration among the criminal justice system and agencies and other organizations that provide services to individuals with disabilities is needed to-- (1) protect individuals with disabilities by ensuring that crimes are reported, and that reported crimes are actively investigated by both law enforcement agencies and agencies and other organizations that provide services to individuals with disabilities; (2) provide prosecutors with adequate training to ensure that crimes against individuals with disabilities are appropriately and effectively addressed in court; and (3) promote communication among criminal justice agencies, and agencies and other organizations that provide services to individuals with disabilities, including Victim Assistance Organizations, to ensure that the needs of crime victims with disabilities are met. SEC. 4. DEPARTMENT OF JUSTICE CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM. The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART JJ--GRANTS TO RESPOND TO CRIMES AGAINST INDIVIDUALS WITH DISABILITIES ``SEC. 3001. CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM GRANTS. ``(a) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means a State, unit of local government, Indian tribe, or tribal organization that applies for a grant under this section. ``(2) Collaboration program.--The term `collaboration program' means a program to ensure coordination between or among a criminal justice agency, an adult protective services agency, a victim assistance organization, and an agency or other organization that provides services to individuals with disabilities, including but not limited to individuals with developmental disabilities, to address crimes committed against individuals with disabilities and to provide services to individuals with disabilities who are victims of crimes. ``(3) Criminal justice agency.--The term `criminal justice agency' means an agency of a State, unit of local government, Indian tribe, or tribal organization that is responsible for detection, investigation, arrest, enforcement, adjudication, or incarceration relating to the violation of the criminal laws of that State, unit of local government, Indian tribe, or tribal organization, or an agency contracted to provide such services. ``(4) Adult protective services agency.--The term `adult protective services agency' means an agency that provides adult protective services to adults with disabilities, including-- ``(A) receiving reports of abuse, neglect, or exploitation; ``(B) investigating the reports described in subparagraph (A); ``(C) case planning, monitoring, evaluation, and other casework and services; and ``(D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services for adults with disabilities. ``(5) Day program.--The term `day program' means a government or privately funded program that provides care, supervision, social opportunities, or jobs to individuals with disabilities. ``(6) Implementation grant.--The term `implementation grant' means a grant under subsection (e). ``(7) Individuals with disabilities.--The term `individuals with disabilities' means individuals-- ``(A) 18 years of age or older; and ``(B) whose ability to provide for their own health, safety, or welfare is compromised because of-- ``(i) a developmental, cognitive, physical, or other disability; or ``(ii) a lack of sufficient understanding or capacity to make or communicate responsible decisions concerning their person or affairs. ``(8) Planning grant.--The term `planning grant' means a grant under subsection (f). ``(9) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(10) Unit of local government.--The term `unit of local government' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State. ``(b) Authorization.--In consultation with the Secretary, the Attorney General may make grants to applicants to prepare a comprehensive plan for or to implement a collaboration program that provides for-- ``(1) the investigation and remediation of instances of abuse of or crimes committed against individuals with disabilities; or ``(2) the provision of services to individuals with disabilities who are the victims of a crime or abuse. ``(c) Use of Funds.--A grant under this section shall be used for a collaborative program that-- ``(1) receives reports of abuse of individuals with disabilities or crimes committed against such individuals; ``(2) investigates and evaluates reports of abuse of or crimes committed against individuals with disabilities; ``(3) visits the homes or other locations of abuse, and, if applicable, the day programs of individuals with disabilities who have been victims of abuse or a crime for purposes of, among other things, assessing the scene of the abuse and evaluating the condition and needs of the victim; ``(4) identifies the individuals responsible for the abuse of or crimes committed against individuals with disabilities; ``(5) remedies issues identified during an investigation described in paragraph (2); ``(6) prosecutes the perpetrator, where appropriate, of any crime identified during an investigation described in paragraph (2); and ``(7) provides services to and enforces statutory rights of individuals with disabilities who are the victims of a crime. ``(d) Applications.-- ``(1) In general.--To receive a planning grant or an implementation grant, an applicant shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General, in consultation with the Secretary, may reasonably require, in addition to the information required by subsection (e)(1) or (f)(1), respectively. ``(2) Combined planning and implementation grant application.-- ``(A) In general.--The Attorney General, in consultation with the Secretary, shall develop a procedure allowing an applicant to submit a single application requesting both a planning grant and an implementation grant. ``(B) Conditional grant.--The award of an implementation grant to an applicant submitting an application under subparagraph (A) shall be conditioned on successful completion of the activities funded under the planning grant, if applicable. ``(e) Planning Grants.-- ``(1) Applications.--An application for a planning grant shall include, at a minimum-- ``(A) a budget; ``(B) a budget justification; ``(C) a description of the outcome measures that will be used to measure the effectiveness of the program; ``(D) a schedule for completing the activities proposed in the application; and ``(E) a description of the personnel necessary to complete activities proposed in the application. ``(2) Period of grant.--A planning grant shall be made for a period of 1 year, beginning on the first day of the month in which the planning grant is made. ``(3) Amount.--The amount of planning grant shall not exceed $50,000, except that the Attorney General may, for good cause, approve a grant in a higher amount. ``(4) Limit on number.--The Attorney General, in consultation with the Secretary, shall not make more than 1 such planning grant to any State, unit of local government, Indian tribe, or tribal organization. ``(f) Implementation Grants.-- ``(1) Implementation grant applications.--An application for an implementation grant shall include the following: ``(A) Collaboration.--An application for an implementation grant shall-- ``(i) identify not fewer than 1 criminal justice enforcement agency or adult protective services organization and not fewer than 1 agency, crime victim assistance program, or other organization that provides services to individuals with disabilities that will participate in the collaborative program; and ``(ii) describe the responsibilities of each participating agency or organization, including how each agency or organization will use grant funds to facilitate improved responses to reports of abuse and crimes committed against individuals with disabilities. ``(B) Guidelines.--An application for an implementation grant shall describe the guidelines that will be developed for personnel of a criminal justice agency, adult protective services organization, crime victim assistance program, and agencies or other organizations responsible for services provided to individuals with disabilities to carry out the goals of the collaborative program. ``(C) Financial.--An application for an implementation grant shall-- ``(i) explain why the applicant is unable to fund the collaboration program adequately without Federal funds; ``(ii) specify how the Federal funds provided will be used to supplement, and not supplant, the funding that would otherwise be available from the State, unit of local government, Indian tribe, or tribal organization; and ``(iii) outline plans for obtaining necessary support and continuing the proposed collaboration program following the conclusion of the grant under this section. ``(D) Outcomes.--An application for an implementation grant shall-- ``(i) identify the methodology and outcome measures, as required by the Attorney General, in consultation with the Secretary, for evaluating the effectiveness of the collaboration program, which may include-- ``(I) the number and type of agencies participating in the collaboration; ``(II) any trends in the number and type of cases referred for multidisciplinary case review; ``(III) any trends in the timeliness of law enforcement review of reported cases of violence against individuals with a disability; and ``(IV) the number of persons receiving training by type of agency; ``(ii) describe the mechanisms of any existing system to capture data necessary to evaluate the effectiveness of the collaboration program, consistent with the methodology and outcome measures described in clause (i) and including, where possible, data regarding-- ``(I) the number of cases referred by the adult protective services agency, or other relevant agency, to law enforcement for review; ``(II) the number of charges filed and percentage of cases with charges filed as a result of such referrals; and ``(III) the period of time between reports of violence against individuals with disabilities and law enforcement review; and ``(iii) include an agreement from any participating or affected agency or organization to provide the data described in clause (ii). ``(E) Form of data.--The Attorney General, in consultation with the Secretary, shall promulgate and supply a common electronic reporting form or other standardized mechanism for reporting of data required under this section. ``(F) Collaboration set aside.--Not less than 5 percent and not more than 10 percent of the funds provided under an implementation grant shall be set aside to procure technical assistance from any recognized State model program or from a recognized national organization, as determined by the Attorney General (in consultation with the Secretary), including the National District Attorneys Association and the National Adult Protective Services Association. ``(G) Other programs.--An applicant for an implementation grant shall describe the relationship of the collaboration program to any other program of a criminal justice agency or other agencies or organizations providing services to individuals with disabilities of the State, unit of local government, Indian tribe, or tribal organization applying for an implementation grant. ``(2) Period of grant.-- ``(A) In general.--An implementation grant shall be made for a period of 2 years, beginning on the first day of the month in which the implementation grant is made. ``(B) Renewal.--An implementation grant may be renewed for 1 additional period of 2 years, if the applicant submits to the Attorney General and the Secretary a detailed explanation of why additional funds are necessary. ``(3) Amount.--An implementation grant shall not exceed $300,000. ``(g) Evaluation of Program Efficacy.-- ``(1) Establishment.--The Attorney General, in consultation with the Secretary, shall establish a national center to evaluate the overall effectiveness of the collaboration programs funded under this section. ``(2) Responsibilities.--The national center established under paragraph (1) shall-- ``(A) analyze information and data supplied by grantees under this section; and ``(B) submit an annual report to the Attorney General and the Secretary that evaluates the number and rate of change of reporting, investigation, and prosecution of charges of a crime or abuse against individuals with disabilities. ``(3) Authorization.--The Attorney General may use not more than $500,000 of amounts made available under subsection (h) to carry out this subsection. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice to carry out this section-- ``(1) $10,000,000 for fiscal year 2007; and ``(2) such sums as are necessary for each of fiscal years 2008 through 2013.''.", "summary": "Crime Victims with Disabilities Act of 2006 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to states, local governments, Indian tribes, or tribal organizations to plan and implement programs for collaboration among criminal justice agencies, adult protective services agencies, crime victim assistance organizations, and/or other agencies or organizations that provide services to individuals with disabilities to investigate and remediate abuse of or crimes against such individuals and to provide services to such individuals. Authorizes the Attorney General to establish a national center to evaluate such programs."}
{"article": "SECTION. 1. SHORT TITLE This Act may be cited as the ``E-Mail User Protection Act''. SEC. 2. LIMITATIONS ON THE USE OF UNSOLICITED BULK E-MAIL. (a) Prohibition.--It shall be unlawful for any person, using any means or instrumentality of, or affecting, interstate or foreign commerce-- (1) to initiate the transmission of a unsolicited bulk electronic mail message that contains a false, fictitious, or misappropriated name of the sender, electronic mail return address, or name and phone number of a telephone contact person; (2) to initiate the transmission of a unsolicited bulk electronic mail message to an interactive computer service with knowledge that such message falsifies an Internet domain, header information, date or time stamp, originating e-mail address or other identifier; (3) to initiate the transmission of an unsolicited bulk electronic mail message and to fail to comply with the request of the recipient of the message, delivered to the sender's electronic mail address, that the recipient does not wish to receive such messages; (4) to use, create, sell, or distribute any computer software that is primarily designed to create, on an electronic mail message, false Internet domain, header information, date or time stamp, originating e-mail address or other identifier. (b) Violations.-- (1) Civil fines.--Whoever knowingly violates subsection (a) shall be fined not more than the greater of (1) $50 for each message delivered in violation of such subsection, or (2) $10,000 for each day the violation continues. (2) Criminal sanctions.--Whoever-- (A) intentionally violates subsection (a)(1) by misappropriating the name or electronic mail return address of another person; or (B) intentionally violates subsection (a)(3) by initiating the transmission of unsolicited electronic mail to an individual who has specifically communicated to the violator that individual's desire not to receive such mail; shall be fined under title 18, United States Code, or imprisoned not more than one year, or both. SEC. 3. ENFORCEMENT The Federal Trade Commission shall have the power to enforce a violation of section 2 as an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57(a)(1)(B)). SEC. 4. RIGHT OF ACTION AND RECOVERY OF CIVIL DAMAGES. (a) Right of Action.-- (1) Actions by interactive computer services.--Any interactive computer service that has been adversely affected by a violation of section 2(a)(2) may recover in a civil action from the person or entity that engaged in such violation such relief as may be appropriate. (2) Actions by recipients.--Any person or entity that has received an unsolicited bulk email and been adversely affected by a violation of section 2 may recover in a civil action from the person or entity that engaged in such violation such relief as may be appropriate. (b) Relief.-- (1) Actions by interactive computer services.--In an action under subsection (a)(1), appropriate relief includes-- (A) such preliminary and other equitable or declaratory relief as may be appropriate, including an injunction against future violations; (B) actual monetary loss from a violation, statutory damages of not more than the greater of -- (i) $50 for each message delivered in violation of section 2(a)(2); or (ii) $10,000 for each day during which the violation continues; and (C) a reasonable attorney's fee and other litigation costs reasonably incurred. (2) Actions by recipients.--In an action under subsection (a)(2), appropriate relief includes-- (A) such preliminary and other equitable or declaratory relief as may be appropriate, including an injunction against future violations; (B) actual monetary loss from a violation, statutory damages of $50 for each message delivered in violation of section 2(a)(2); and (C) a reasonable attorney's fee and other litigation costs reasonably incurred. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Unsolicited bulk electronic mail message.--The term ``unsolicited bulk electronic mail message'' means any electronic mail message initiated by any person for commercial purposes, except for-- (A) electronic mail sent to others with whom such person has a prior relationship, including a prior business relationship; or (B) electronic mail sent to a recipient if such recipient, or someone authorized by them, has at any time affirmatively requested to receive communications from that source. (2) Electronic mail address.--The term ``electronic mail address'' means a destination on the Internet (commonly expressed as a string of characters) to which electronic mail can be sent or delivered. (3) Interactive computer service.--The term ``interactive computer service'' has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)). (4) Internet domain.--The term ``Internet domain'' means a specific computer system (commonly referred to as a ``host'') or collection of computer systems that the Internet can reference, that are assigned a specific reference point on the Internet (commonly referred to as an ``Internet domain name''), and that are registered with an organization that the Internet industry recognizes as a registrar of Internet domains. (5) Initiates the transmission.--The term ``initiates the transmission,'' in the case of an electronic mail message, means to originate the electronic mail message, and excludes the actions of any interactive computer service whose facilities or services are used by another person to transmit, relay, or otherwise handle such message. SEC. 6. EFFECTIVE DATE. The provisions of this Act shall take effect 45 days after the date of enactment of this Act.", "summary": "E-Mail User Protection Act - Amends the Communications Act of 1934 to make it unlawful for any person to: (1) initiate the transmission of an unsolicited bulk electronic mail message that contains a false or misappropriated name of the sender, return address, or name and phone number of a telephone contact person; (2) initiate such a message to an interactive computer service with the knowledge that such message falsifies identifying information; (3) initiate such a message and fail to comply with the recipient's request to not receive such messages; or (4) use, create, sell, or distribute any computer software that is primarily designed to create false identifier information. Provides civil fines and criminal sanctions for such violations. Authorizes enforcement through the Federal Trade Commission as an unfair or deceptive act or practice. Provides appropriate relief for both interactive computer services and recipients."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Compassionate Pain Relief Act''. SEC. 2. FINDINGS. Congress finds that-- (1) cancer is a progressive, degenerative, and often painful disease that afflicts one out of every four persons in the United States and is the second leading cause of death; (2) in the progression of terminal cancer, a significant number of patients experience levels of intense and intractable pain that cannot be effectively treated by presently available medication; (3) the effect of such pain often leads to a severe deterioration in the quality of life of the patient and heartbreak for the family of the patient; (4) the therapeutic use of parenteral diacetylmorphine is not permitted in the United States but extensive clinical research has demonstrated that the drug is a potent, highly soluble painkilling drug when properly formulated and administered under the supervision of a physician; (5) it is in the public interest to make parenteral diacetylmorphine available to patients through controlled channels as a drug for the relief of intractable pain due to terminal cancer; (6) diacetylmorphine is successfully used in Great Britain and other countries for relief of pain due to cancer; (7) the availability of parenteral diacetylmorphine for the limited purposes of controlling intractable pain due to terminal cancer will not adversely affect the abuse of illicit drugs or increase the incidence of pharmacy thefts; (8) the availability of parenteral diacetylmorphine will enhance the ability of physicians to effectively treat and control intractable pain due to terminal cancer; and (9) it is appropriate for the Federal Government to establish a temporary program to permit the use of pharmaceutical dosage forms of parenteral diacetylmorphine for the control of intractable pain due to terminal cancer. SEC. 3. PARENTERAL DIACETYLMORPHINE PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following new part: ``Part N--Compassionate Pain Relief ``SEC. 399G. PARENTERAL DIACETYLMORPHINE. ``(a) Regulations.-- ``(1) In general.--Not later than three months after the date of the enactment of this part, the Secretary shall issue regulations establishing a program (referred to in this section as the `program') under which parenteral diacetylmorphine may be dispensed from pharmacies for the relief of intractable pain due to terminal cancer. ``(2) Terminal cancer.--For purposes of this section, an individual shall be considered to have terminal cancer if there is histologic evidence of a malignancy in the individual and the cancer of the individual is generally recognized as a cancer with a high and predictable mortality. ``(b) Manufacturing.--Regulations established under this section shall provide that manufacturers of parenteral diacetylmorphine for dispensing under the program shall use adequate methods of, and adequate facilities and controls for, the manufacturing, processing, and packing of such drug to preserve the identity, strength, quality, and purity of the drug. ``(c) Availability to Pharmacies.-- ``(1) Requirements.--Regulations established under this section shall require that parenteral diacetylmorphine be made available only to pharmacies that-- ``(A) are hospital pharmacies or such other pharmacies as the regulations specify; ``(B) are registered under section 302 of the Controlled Substances Act (21 U.S.C. 822); ``(C) meet such qualifications as the regulations specify; and ``(D) submit an application in accordance with paragraph (2). ``(2) Application.--An application for parenteral diacetylmorphine shall-- ``(A) be in such form and submitted in such manner as the Secretary may prescribe; and ``(B) contain assurances satisfactory to the Secretary that-- ``(i) the applicant will comply with such special requirements as the Secretary may prescribe respecting the storage and dispensing of parenteral diacetylmorphine; and ``(ii) parenteral diacetylmorphine provided under the application will be dispensed through the applicant upon the written prescription of a physician registered under section 302 of the Controlled Substances Act (21 U.S.C. 822) to dispense controlled substances in schedule II of such Act (21 U.S.C. 812(2)). ``(3) Intent of congress.--It is the intent of Congress that-- ``(A) the Secretary shall primarily utilize hospital pharmacies for the dispensing of parenteral diacetylmorphine under the program; and ``(B) the Secretary may distribute parenteral diacetylmorphine through pharmacies other than hospital pharmacies in cases in which humanitarian concerns necessitate the provision of parenteral diacetylmorphine, a significant need is shown for such provision, and adequate protection is available against the diversion of parenteral diacetylmorphine. ``(d) Illicit Diversion.--Regulations established by the Secretary under this section shall be designed to protect against the diversion into illicit channels of parenteral diacetylmorphine distributed under the program. ``(e) Prescription by Physicians.--Regulations established under this section shall-- ``(1) require that parenteral diacetylmorphine be dispensed only to an individual in accordance with the written prescription of a physician; ``(2) provide that a physician registered under section 302 of the Controlled Substances Act (21 U.S.C. 822) may prescribe parenteral diacetylmorphine for individuals for the relief of intractable pain due to terminal cancer; ``(3) provide that any such prescription shall be in writing; and ``(4) specify such other criteria for the prescription as the Secretary may determine to be appropriate. ``(f) Federal Food, Drug, and Cosmetic Act.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 801 et seq. and 951 et seq.) shall not apply with respect to-- ``(1) the importing of opium; ``(2) the manufacture of parenteral diacetylmorphine; and ``(3) the distribution and dispensing of parenteral diacetylmorphine, in accordance with the program. ``(g) Reports.-- ``(1) By the secretary.-- ``(A) Implementation and activities.-- ``(i) Implementation.--Not later than 2 months after the date of the enactment of this part and every third month thereafter until the program is established under subsection (a), the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report containing information on the activities undertaken to implement the program. ``(ii) Activities.--Not later than 1 year after the date the program is established under subsection (a) and annually thereafter until the program is terminated under subsection (h), the Secretary shall prepare and submit to the committees described in clause (i) a report containing information on the activities under the program during the period for which the report is submitted. ``(B) Pain management.--Not later than 6 months after the date of the enactment of this part, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report that-- ``(i) describes the extent of research activities on the management of pain that have received funds through the National Institutes of Health; ``(ii) describes the ways in which the Federal Government supports the training of health personnel in pain management; and ``(iii) contains recommendations for expanding and improving the training of health personnel in pain management. ``(2) By the comptroller general.--Not later than 56 months after the date on which the program is established under subsection (a), the Comptroller General of the United States shall prepare and submit to the committees referred to in paragraph (1)(A)(i) a report containing information on the activities conducted under the program during such 56-month period. ``(h) Termination and Modification.-- ``(1) In general.--The Secretary may at any time later than 6 months after the date on which the program is established under subsection (a), modify the regulations required by subsection (a) or terminate the program if in the judgment of the Secretary the program is no longer needed or if modifications or termination are needed to prevent substantial diversion of the diacetylmorphine. ``(2) Final termination.--The program shall terminate 60 months after the date the program is established under subsection (a).''.", "summary": "Compassionate Pain Relief Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a 60-month program under which parenteral diacetylmorphine may be dispensed from pharmacies for the relief of pain from terminal cancer (as defined by this Act). States that for purposes of such program the Federal Food, Drug, and Cosmetic Act and titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 shall not apply with respect to: (1) the importing of opium; and (2) the manufacture, distribution, and dispensing of parenteral diacetylmorphine. Requires the Secretary to report to specified congressional committees concerning: (1) program-related activities; and (2) activities related to the management of pain. Permits the Secretary at any time six months after implementation of the program to modify or terminate the program if: (1) the program is no longer needed; or (2) modifications or termination are needed to prevent substantial diversion of the diacetylmorphine."}
{"article": "SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Individual Income Tax Rate Reduction Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Section 15 Not To Apply.--No amendment made by this Act shall be treated as a change in a rate of tax for purposes of section 15 of such Code. SEC. 2. REDUCTION IN INDIVIDUAL INCOME TAX RATES. (a) Rates for 2001.--Section 1 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $45,200............... 12% of taxable income. Over $45,200 but not over $109,250. $5,424, plus 25% of the excess over $45,200 Over $109,250 but not over $166,500. $21,436.50, plus 28% of the excess over $109,250 Over $166,500 but not over $297,350. $37,466.50, plus 35.5% of the excess over $166,500 Over $297,350.................. $83,918.25, plus 38.2% of the excess over $297,350 ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $36,250............... 12% of taxable income. Over $36,250 but not over $93,650. $4,350, plus 25% of the excess over $36,250 Over $93,650 but not over $151,650. $18,700, plus 28% of the excess over $93,650 Over $151,650 but not over $297,350. $34,940, plus 35.5% of the excess over $151,650 Over $297,350.................. $86,663.50, plus 38.2% of the excess over $297,350 ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $27,050............... 12% of taxable income. Over $27,050 but not over $65,550. $3,246, plus 25% of the excess over $27,050 Over $65,550 but not over $136,750. $12,871, plus 28% of the excess over $65,550 Over $136,750 but not over $297,350. $32,807, plus 35.5% of the excess over $136,750 Over $297,350.................. $89,820, plus 38.2% of the excess over $297,350 ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $22,600............... 12% of taxable income. Over $22,600 but not over $54,625. $2,712, plus 25% of the excess over $22,600 Over $54,625 but not over $83,250. $10,718.25, plus 28% of the excess over $54,625 Over $83,250 but not over $148,675. $18,733.25, plus 35.5% of the excess over $83,250 Over $148,675.................. $41,959.12, plus 38.2% of the excess over $148,675 ``(e) Estates and Trusts.--There is hereby imposed on the taxable income of every estate, and every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,800................ 12% of taxable income. Over $1,800 but not over $4,250 $216, plus 25% of the excess over $1,800 Over $4,250 but not over $6,500 $828.50, plus 28% of the excess over $4,250 Over $6,500 but not over $8,900 $1,458.50, plus 35.5% of the excess over $6,500 Over $8,900.................... $2,310.50, plus 38.2% of the excess over $8,900'' (b) Rate Reductions After 2001.--Section 1 is amended by adding at the end the following new subsection: ``(i) Rate Reductions After 2001.-- ``(1) In general.--In the case of taxable years beginning in a calendar year after 2001, the corresponding percentage specified for such calendar year in the following table shall be substituted for the otherwise applicable tax rate. ------------------------------------------------------------------------ The corresponding percentages shall be In the case of taxable years beginning during substituted for the calendar year: following percentages: ------------------------- 35.5% 38.2% ------------------------------------------------------------------------ 2002.......................................... 35.0% 37.0% 2003.......................................... 34.5% 35.8% 2004.......................................... 34.0% 34.6% 2005.......................................... 33.5% 33.5% 2006 and thereafter........................... 33.0% 33.0% ------------------------------------------------------------------------ ``(2) Adjustment of tables.--The Secretary shall adjust the tables prescribed under subsection (f) to carry out the reductions under this subsection.'' (c) Inflation Adjustment To Apply After 2001.--Subsection (f) of section 1 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``2001'', and (2) by striking ``1992'' in paragraph (3)(B) and inserting ``2000''. (d) Conforming Amendments.-- (1) The following provisions are each amended by striking ``1992'' and inserting ``2000'' each place it appears: (A) Section 32(j)(1)(B). (B) Section 41(e)(5)(C). (C) Section 42(h)(3)(H)(i)(II). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 132(f)(6)(A)(ii). (H) Section 135(b)(2)(B)(ii). (I) Section 146(d)(2)(B). (J) Section 151(d)(4). (K) Section 220(g)(2). (L) Section 221(g)(1)(B). (M) Section 512(d)(2)(B). (N) Section 513(h)(2)(C)(ii). (O) Section 685(c)(3)(B). (P) Section 877(a)(2). (Q) Section 911(b)(2)(D)(ii)(II). (R) Section 2032A(a)(3)(B). (S) Section 2503(b)(2)(B). (T) Section 2631(c)(2). (U) Section 4001(e)(1)(B). (V) Section 4261(e)(4)(A)(ii). (W) Section 6039F(d). (X) Section 6323(i)(4)(B). (Y) Section 6334(g)(1)(B). (Z) Section 6601(j)(3)(B). (AA) Section 7430(c)(1). (2) Sections 25A(h)(1)(A)(ii) and 25A(h)(2)(A)(ii) are each amended by striking ``begins,'' and all that follows through ``thereof''. (3) Subclause (II) of section 42(h)(6)(G)(i) is amended by striking ``1987'' and inserting ``2000''. (e) Additional Conforming Amendments.-- (1) Subparagraph (B) of section 1(g)(7) is amended-- (A) by striking ``15 percent'' in clause (ii)(II) and inserting ``the first bracket percentage'', and (B) by adding at the end the following flush sentence: ``For purposes of clause (ii), the first bracket percentage is the percentage applicable to the lowest income bracket in the table under subsection (c).'' (2) Section 1(h) is amended-- (A) by striking ``28 percent'' both places it appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and inserting ``25 percent'', and (B) by striking paragraph (13). (3) Section 15 is amended by adding at the end the following new subsection: ``(f) Rate Reductions Enacted by Individual Income Tax Rate Reduction Act of 2001.--This section shall not apply to any change in rates under subsection (i) of section 1 (relating to rate reductions after 2000).'' (4) Section 531 is amended by striking ``equal to'' and all that follows and inserting ``equal to the product of the highest rate of tax under section 1(c) and the accumulated taxable income.''. (5) Section 541 of such Code is amended by striking ``equal to'' and all that follows and inserting ``equal to the product of the highest rate of tax under section 1(c) and the undistributed personal holding company income.''. (6) Section 3402(p)(1)(B) is amended by striking ``7, 15, 28, or 31 percent'' and inserting ``7 percent, any percentage applicable to any of the 3 lowest income brackets in the table under section 1(c),''. (7) Section 3402(p)(2) is amended by striking ``equal to 15 percent of such payment'' and inserting ``equal to the product of the lowest rate of tax under section 1(c) and such payment''. (8) Section 3402(q)(1) is amended by striking ``equal to 28 percent of such payment'' and inserting ``equal to the product of the third to the lowest rate of tax under section 1(c) and such payment''. (9) Section 3402(r)(3) is amended by striking ``31 percent'' and inserting ``the third to the lowest rate of tax under section 1(c)''. (10) Section 3406(a)(1) is amended by striking ``equal to 31 percent of such payment'' and inserting ``equal to the product of the third to the lowest rate of tax under section 1(c) and such payment''. (11) Section 13273 of the Revenue Reconciliation Act of 1993 is amended by striking ``28 percent'' and inserting ``the third to the lowest rate of tax under section 1(c) of the Internal Revenue Code of 1986''. (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2000. (2) Amendments to withholding provisions.--The amendments made by paragraphs (6), (7), (8), (9), (10), and (11) of subsection (e) shall apply to amounts paid after the date of the enactment of this Act. SEC. 3. INCREASE IN STANDARD DEDUCTION. (a) In General.--Paragraph (2) of section 63(c) (relating to standard deduction) is amended to read as follows: ``(2) Basic standard deduction.--For purposes of paragraph (1), the basic standard deduction is-- ``(A) twice the dollar amount in effect under subparagraph (C) for the taxable year in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), ``(B) $8,500 in the case of a head of household (as defined in section 2(b)), or ``(C) $6,000 in any other case.'' (c) Technical Amendments.-- (1) Paragraph (4) of section 63(c) is amended to read as follows: ``(4) Adjustments for inflation.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 1988, each dollar amount contained in paragraph (2) or (5) or subsection (f) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins. The preceding sentence shall not apply to the amount referred to in paragraph (2)(A). ``(B) Base period adjustments.--In determining the adjustment under subparagraph (A), section 1(f)(3) shall be applied by substituting for `calendar year 1992' in subparagraph (B) thereof-- ``(i) `calendar year 1987' in the case of the dollar amount contained in paragraph (5)(A) or subsection (f), ``(ii) `calendar year 1997' in the case of the dollar amount contained in paragraph (5)(B)'', and ``(iii) `calendar year 2000' in the case of the dollar amounts contained in paragraph (2).'' (2) Subparagraph (B) of section 1(f)(6) is amended by striking ``subsection (c)(4) of section 63 (as it applies to subsections (c)(5)(A) and (f) of such section)'' and inserting ``section 63(c)(4)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.", "summary": "Individual Income Tax Rate Reduction Act of 2001 - Amends the Internal Revenue Code to establish new, lower tax rates for individuals. Increases the standard deduction and provides that such deduction on a joint return shall be twice the amount of a single return."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Furthering Accountability and Individual Rights within the Military Act of 2014'' or the ``Fair Military Act''. SEC. 2. APPRAISALS OF MEMBERS OF THE ARMED FORCES REGARDING COMPLIANCE WITH SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAMS. The Secretary of a military department shall each ensure that the written performance appraisals of each member of the Armed Forces (whether an officer or enlisted member) under the jurisdiction of that Secretary include an assessment of the extent to which the member supports the sexual assault prevention and response program of the Armed Force concerned. SEC. 3. PERFORMANCE APPRAISALS OF COMMANDING OFFICERS REGARDING COMMAND CLIMATE. The Secretary of a military department shall each ensure that the performance appraisals of each commanding officer under the jurisdiction of that Secretary indicate the extent to which the commanding officer has or has not established a command climate in which-- (1) allegations of sexual assault are properly managed and fairly evaluated; and (2) a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command. SEC. 4. MODIFICATION OF MILITARY RULES OF EVIDENCE RELATING TO ADMISSIBILITY OF GENERAL MILITARY CHARACTER TOWARD PROBABILITY OF INNOCENCE. (a) Modification Required.--Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be modified to clarify that, except as provided by subsection (b), the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused. (b) Exception.--Evidence of a trait of the military character of an accused may be offered in evidence by the accused when that trait is relevant to an element of an offense for which the accused has been charged. SEC. 5. APPLICABILITY OF SEXUAL ASSAULT PREVENTION AND RESPONSE AND RELATED MILITARY JUSTICE ENHANCEMENTS TO MILITARY SERVICE ACADEMIES. (a) Military Service Academies.--The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66) and this Act apply to the United States Military Academy, the Naval Academy, and the Air Force Academy in the same manner and to the same extent as such title and this Act apply to an Armed Force under the jurisdiction of that Secretary. (b) Coast Guard Academy.--The Secretary of the Department in which the Coast Guard is operating shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66) and this Act apply to the Coast Guard Academy in the same manner and to the same extent as such title and this Act apply to the Coast Guard. SEC. 6. JUDICIAL PROCEEDINGS PANEL ASSESSMENT OF USE OF MENTAL HEALTH RECORDS BY DEFENSE DURING PRELIMINARY HEARING AND COURT- MARTIAL PROCEEDINGS. (a) Additional Assessments.--The independent panel established by the Secretary of Defense under subsection (a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758), known as the ``judicial proceedings panel'', shall conduct assessments of-- (1) the use of mental health records by the defense during preliminary hearing and court-martial proceedings; and (2) the use of these records in similar civilian proceedings to determine whether any significant discrepancies exist between the two legal systems. (b) Submission of Results.--The judicial proceedings panel shall include the results of the assessments required by subsection (a) in the remaining reports required by subsection (c)(2)(B) of section 576 of the National Defense Authorization Act for Fiscal Year 2013. SEC. 7. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE ACTIONS REGARDING SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED FORCES. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the status of the implementation of the sexual assault provisions contained in the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-181), the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239), and the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66) and the sexual assault prevention initiatives announced in memoranda by the Secretary of Defense on May 6, 2013, and August 14, 2013.", "summary": "Furthering Accountability and Individual Rights within the Military Act of 2014 or the Fair Military Act - Directs each Secretary of a military department to ensure that: (1) the written performance appraisals of each member of the Armed Forces include an assessment of the extent to which the member supports that Armed Force's sexual assault prevention and response program, and (2) the performance appraisals of each commanding officer indicate the extent to which such officer has established a command climate in which allegations of sexual assault are properly managed and fairly evaluated and in which a victim can report criminal activity without fear of retaliation. Requires modification of the Military Rules of Evidence to clarify that the general military character of an accused is not admissible for the purpose of showing the probability of his or her innocence, except that an accused may offer evidence of a trait of his or her military character when that trait is relevant to an element of the offense for which he or she has been charged. Directs the Secretaries of the military departments and any department in which the Coast Guard is operating to ensure that the provisions of Title XVII (Sexual Assault Prevention and Response and Related Reforms) of the National Defense Authorization Act (NDAA) for FY2014 and this Act apply to the United States Military Academy, the Naval Academy, the Air Force Academy, and the Coast Guard Academy. Requires the independent judicial proceedings panel to conduct assessments of: (1) the use of mental health records by the defense during preliminary hearing and court-martial proceedings, and (2) the use of such records in similar civilian proceedings to determine whether any significant discrepancies exist between the two legal systems. Directs the Comptroller General (GAO) to submit to the Senate and House Armed Services Committees a report describing the status of the implementation of the sexual assault provisions contained in the NDAAs for FY2012, FY2013, and FY2014 and the sexual assault prevention initiatives announced in memoranda by the Secretary of Defense (DOD) on May 6, 2013, and August 14, 2013."}
{"article": "SECTION 1. AMENDMENTS. (a) In General.--Section 8332(b) of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; (3) by adding after paragraph (17) the following: ``(18) any period of service performed before 1977, while a citizen of the United States, in the employ of Air America, Incorporated, Air Asia Company Limited (a subsidiary of Air America, Incorporated), or the Pacific Division of Southern Air Transport, Incorporated, at a time when that corporation (or subsidiary) was owned or controlled by the Government of the United States and operated or managed by the Central Intelligence Agency.''; and (4) by adding at the end the following: ``For purposes of this subchapter, service of the type described in paragraph (18) of this subsection shall be considered to have been service as an employee, and the Office of Personnel Management shall accept the certification of the Director of Central Intelligence or his designee concerning any such service.''. (b) Exemption From Deposit Requirement.--Section 8334(g) of title 5, United States Code, is amended-- (1 by striking ``or'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``; or''; and (3) by adding after paragraph (6) the following: ``(7) any service for which credit is allowed under section 8332(b)(18) of this title.''. SEC. 2. APPLICABILITY. (a) In General.--Except as otherwise provided in this section, the amendments made by this Act shall apply with respect to annuities commencing on or after the effective date of this Act. (b) Provisions Relating to Current Annuitants.--Any individual who is entitled to an annuity for the month in which this Act becomes effective may, upon application submitted to the Office of Personnel Management within 2 years after the effective date of this Act, have the amount of such annuity recomputed as if the amendments made by this Act had been in effect throughout all periods of service on the basis of which such annuity is or may be based. Any such recomputation shall be effective as of the commencement date of the annuity, and any additional amounts becoming payable for periods before the first month for which the recomputation is reflected in the individual's regular monthly annuity payments shall be payable to such individual in the form of a lump-sum payment. (c) Provisions Relating to Individuals Eligible for (but not Currently Receiving) an Annuity.-- (1) In general.--Any individual (not described in subsection (b)) who becomes eligible for an annuity or for an increased annuity as a result of the enactment of this Act may elect to have such individual's rights under subchapter III of chapter 83 of title 5, United States Code, determined as if the amendments made by this Act had been in effect, throughout all periods of service on the basis of which such annuity is or would be based, by submitting an appropriate application to the Office of Personnel Management within 2 years after-- (A) the effective date of this Act; or (B) if later, the date on which such individual separates from service. (2) Commencement date, etc.-- (A) In general.--Any entitlement to an annuity or to an increased annuity resulting from an application under paragraph (1) shall be effective as of the commencement date of such annuity (subject to subparagraph (B), if applicable), and any amounts becoming payable for periods before the first month for which regular monthly annuity payments begin to be made in accordance with the amendments made by this Act shall be payable to such individual in the form of a lump-sum payment. (B) Retroactivity.--Any determination of the amount, or of the commencement date, of any annuity, all the requirements for entitlement to which (including separation, but disregarding any application requirement) would have been satisfied before the effective date of this Act if this Act had then been in effect (but would not then otherwise have been satisfied absent this Act) shall be made as if application for such annuity had been submitted as of the earliest date that would have been allowable, after such individual's separation from service, if such amendments had been in effect throughout the periods of service referred to in the first sentence of paragraph (1). (d) Right to File on Behalf of a Decedent.--The regulations under section 4(a) shall include provisions, consistent with the order of precedence set forth in section 8342(c) of title 5, United States Code, under which a survivor of an individual who performed service described in section 8332(b)(18) of such title (as amended by section 1) shall be allowed to submit an application on behalf of and to receive any lump- sum payment that would otherwise have been payable to the decedent under subsection (b) or (c). Such an application shall not be valid unless it is filed within 2 years after the effective date of this Act or 1 year after the date of the decedent's death, whichever is later. SEC. 3. FUNDING. (a) Lump-Sum Payments.--Any lump-sum payments under section 2 shall be payable out of the Civil Service Retirement and Disability Fund. (b) Unfunded Liability.--Any increase in the unfunded liability of the Civil Service Retirement System attributable to the enactment of this Act shall be financed in accordance with section 8348(f) of title 5, United States Code. SEC. 4. REGULATIONS AND SPECIAL RULE. (a) In General.--Except as provided in subsection (b), the Director of the Office of Personnel Management, in consultation with the Director of Central Intelligence, shall prescribe any regulations necessary to carry out this Act. Such regulations shall include provisions under which rules similar to those established pursuant to section 201 of the Federal Employees' Retirement System Act of 1986 shall be applied with respect to any service described in section 8332(b)(18) of title 5, United States Code (as amended by section 1) that was subject to title II of the Social Security Act. (b) Other Regulations.--The Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, shall prescribe any regulations which may become necessary, with respect to any retirement system administered by the Director of Central Intelligence, as a result of the enactment of this Act. (c) Special Rule.--For purposes of any application for any benefit which is computed or recomputed taking into account any service described in section 8332(b)(18) of title 5, United States Code (as amended by section 1), section 8345(i)(2) of such title shall be applied by deeming the reference to the date of the ``other event which gives rise to title to the benefit'' to refer to the effective date of this Act, if later than the date of the event that would otherwise apply. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the terms ``unfunded liability'', ``survivor'', and ``survivor annuitant'' have the meanings given to them by section 8331 of title 5, United States Code; and (2) the term ``annuity'', as used in subsections (b) and (c) of section 2, includes a survivor annuity. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.", "summary": "Makes creditable for civil service retirement purposes pre-1977 service performed by a U.S. citizen with Air America, Incorporated, Air Asia Company Limited, or the Pacific Division of Southern Air Transport, Incorporated, while those entities were owned or controlled by the U.S. Government and operated or managed by the Central Intelligence Agency (CIA)."}
{"article": "SECTION 1. PARKING PRIVILEGES FOR CERTAIN INDIVIDUALS WITH DISABILITIES. (a) In General.--Chapter 1 of title 23, United State Code, is amended by adding at the end the following new section: ``Sec. 161. Parking privileges for certain individuals with disabilities ``(a) In General.-- ``(1) Privileges granted to qualified motor vehicles.-- Subject to subsection (b), each State, and each political subdivision of a State, shall extend the same parking privileges to qualified motor vehicles from other States as it grants to qualified motor vehicles designated under the laws of such State or political subdivision. ``(2) Qualified motor vehicle.--A qualified motor vehicle, referred to in paragraph (1), is a motor vehicle designated under the laws of any State, or any political subdivision of a State, for transporting an individual with a disability that limits or impairs the ability of the individual to walk. ``(b) Withholding of Funds for Noncompliance.-- ``(1) First year.--The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) on the 1st day of the 1st fiscal year succeeding fiscal year 1995 in which the State, or any political subdivision of the State, is not in compliance with subsection (a)(1). ``(2) Subsequent years.--If the Secretary withholds funds from any State under paragraph (1) for any fiscal year and the State, or any political subdivision of the State, is not in compliance with subsection (a)(1) in any subsequent fiscal year, then the Secretary shall withhold 10 percent of the amount required to be apportioned to the State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) on the 1st day of such subsequent fiscal year. ``(c) Period of Availability; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.-- ``(A) Funds withheld on or before september 30, 1997.--Any funds withheld under this section from apportionment to any State on or before September 30, 1997, shall remain available for apportionment to the State as follows: ``(i) Funds apportioned under section 104(b)(5)(a).--If the funds would have been apportioned under section 104(b)(5)(A) but for this section, the funds shall remain available until the end of the fiscal year for which the funds are authorized to be appropriated. ``(ii) Funds apportioned under section 104(b)(5)(b).--If the funds would have been apportioned under section 104(b)(5)(B) but for this section, the funds shall remain available until the end of the 2d fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(iii) Funds apportioned under section 104(b)(1), 104(b)(2), or 104(b)(6).--If the funds would have been apportioned under section 104(b)(1), 104(b)(2), or 104(b)(6) but for this section, the funds shall remain available until the end of the 3d fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(B) Funds withheld after september 30, 1997.--No funds withheld under this section from apportionment to any State after September 30, 1997, shall be available for apportionment to the State. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld from apportionment under this section are to remain available for apportionment to a State under paragraph (1)(A), the State and all political subdivisions of the State are in compliance with subsection (a)(1), then the Secretary shall, on the day following the last day of the period, apportion to the State the withheld funds remaining available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.-- ``(A) Availability of funds.--Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure as follows: ``(i) Funds apportioned under section 104(b)(5)(a).--Funds apportioned under section 104(b)(5)(A) shall remain available until the end of the fiscal year succeeding the fiscal year in which the funds are apportioned. ``(ii) Funds apportioned under section 104(b)(1), 104(b)(2), 104(b)(5)(b), or 104(b)(6).--Funds apportioned under section 104(b)(1), 104(b)(2), 104(b)(5)(B), or 104(b)(6) shall remain available until the end of the 3d fiscal year succeeding the fiscal year in which the funds are apportioned. ``(B) Lapse of funds.--Funds not obligated at the end of the period shall lapse or, in the case of funds apportioned under section 104(b)(5), shall lapse and be made available by the Secretary for projects in accordance with section 118(b). ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld from apportionment under this section are available for apportionment to a State under paragraph (1), the State or any political subdivision of the State is not in compliance with subsection (a)(1), then the funds shall lapse or, in the case of funds withheld from apportionment under section 104(b)(5), the funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b). ``(d) Definitions.--For the purposes of this section: ``(1) Motor vehicle.--The term `motor vehicle' has the meaning given such term in section 154. ``(2) State.--The term `State' means any entity that receives apportionments under section 104.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following new item: ``161. Parking privileges for certain individuals with disabilities.''.", "summary": "Requires each State to extend the parking privileges it grants to motor vehicles designated for transporting an individual with a disability that limits or impairs such individual's ability to walk to such vehicles from other States. Directs the Secretary of Transportation to withhold specified funds for noncompliance. Makes withheld funds available for other projects, subject to specified requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sound Science for Endangered Species Act Planning Act of 2002''. SEC. 2. SOUND SCIENCE. (a) Best Scientific and Commercial Data Available as Basis of Determinations.--Section 4(b)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(1)(A)) is amended in the first sentence, by inserting ``, including any finding under paragraph (3)(B) on a petition referred to in paragraph (3)(A),'' after ``determinations required by subsection (a)(1)''. (b) Preference for Empirical, Field-Tested, and Peer-Reviewed Data.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9) In making any determination under this section, the Secretary shall give greater weight to any scientific or commercial study or other information that is empirical or has been field-tested or peer- reviewed.''. (c) Contents of Listing Petitions.-- (1) In general.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following: ``(E) A petition referred to in subparagraph (A) regarding a species-- ``(i) shall, to the maximum extent practicable, contain clear and convincing evidence-- ``(I) of the current known and historic ranges of the species concerned; ``(II) of the most recent population estimates and trends for the species, if available; ``(III) that any change in the population that is alleged in the petition is beyond the natural range of fluctuations for the species; and ``(IV) of the reason that the petitioned action is warranted, including known or perceived threats to the species; ``(ii) shall include a bibliography of scientific literature on the species in support of the petition; and ``(iii) may contain any other information the petitioner considers appropriate. ``(F) For purposes of subparagraph (E), evidence is clear and convincing evidence if-- ``(i) a preponderance of the evidence is based on reliable scientific and commercial information; and ``(ii) the evidence is sufficient to support a firm belief by the Secretary that the petitioned action may be warranted.''. (2) Requirement for consideration of petition.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is further amended-- (A) in subparagraph (A) in the first sentence, by inserting ``and contains the information required under clauses (i) and (ii) of subparagraph (E)'' after ``may be warranted''; and (B) in subparagraph (B) in the matter preceding clause (i), by inserting ``and contains the information required under clauses (i) and (ii) of subparagraph (E)'' after ``may be warranted''. (d) Use of Sound Science in Listing.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is further amended by adding at the end the following: ``(10) Not later than 1 year after the date of enactment of this paragraph, the Secretary shall promulgate regulations that establish criteria that must be met for scientific and commercial data, studies, and other information to be used as the basis of a determination under this section. ``(11)(A) The Secretary may not determine that a species is an endangered species or a threatened species unless data collected in the field on the species concerned supports the determination. ``(B) The Secretary shall-- ``(i) accept and acknowledge receipt of data regarding the status of a species that is collected by an owner of land, including data obtained by observation of the species on the land; and ``(ii) include the data in the rulemaking record compiled for any determination that the species is an endangered species or a threatened species.''. (e) Use of Sound Science in Recovery Planning.--Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the end the following: ``(6)(A) The Secretary shall identify and publish in the Federal Register with the notice of a proposed regulation pursuant to paragraph (5)(A)(i) a description of additional scientific and commercial data that, if collected, would assist in the preparation of a recovery plan and-- ``(i) invite any person to submit the data to the Secretary; and ``(ii) describe the steps that the Secretary plans to take for acquiring additional data. ``(B) Data identified and obtained under subparagraph (A)(i) shall be considered by the recovery team and the Secretary in the preparation of the recovery plan.''. SEC. 3. INDEPENDENT SCIENTIFIC REVIEW. (a) In General.--Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: ``(j) Independent Scientific Review Requirements.--(1) In this subsection: ``(A) The term `covered action' means-- ``(i) the determination that a species is an endangered species or a threatened species under subsection (a); ``(ii) the determination under subsection (a) that an endangered species or a threatened species be removed from any list published under subsection (c)(1); ``(iii) the development of a recovery plan for a threatened species or endangered species under subsection (f); ``(iv) the determination that a proposed action is likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat and the proposal of any reasonable and prudent alternatives by the Secretary under section 7(b)(3), if the Secretary finds that-- ``(I) there is significant disagreement regarding that determination or proposal; or ``(II) that determination or proposal may have significant economic impact; and ``(v) the determination that a proposed action is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat, if the Secretary finds that there is significant disagreement regarding that determination or proposal. ``(B) The term `qualified individual' means an individual who meets the standards of the National Academy of Sciences for independent scientific review conducted by the Academy, except that such term does not include any individual with a conflict of interest as determined by the Secretary or by a Governor who nominates the individual under paragraph (3)(B). ``(2) The Secretary shall-- ``(A) maintain a list of qualified individuals who are available to participate on independent review boards under this subsection; ``(B) seek nominations of individuals to participate on such boards (upon appointment by the Secretary), through the Federal Register, scientific and commercial journals, and the National Academy of Sciences and other such institutions; and ``(C) update such list every two years. ``(3)(A) Before any covered action becomes final, the Secretary shall appoint an independent review board in accordance with this section that shall review and report to the Secretary in writing on the scientific information and analyses on which the covered action is based. ``(B) Each independent review board under this paragraph shall be composed of 5 members, of which-- ``(i) 3 shall be appointed by the Secretary from the list under paragraph (2); and ``(ii) 2 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(C) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(D) The selection of the members, and the activities, of independent review boards under this paragraph are not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(E) If funds are available, the Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-14 of the General Schedule for each day (including travel time) during which the individual is engaged in the actual performance of duties as a member of such board. ``(F) The Secretary may not delegate the authority to make appointments under this paragraph to any official who is below the level of the Director of the United States Fish and Wildlife Service or the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. ``(4)(A) Each independent review board under this subsection shall provide to the Secretary, within 90 days after the completion of appointment of the board, the opinion of the board regarding all relevant scientific information and assumptions relating to the taxonomy, population models, and supportive biological and ecological information for the species in question. ``(B) The Secretary shall-- ``(i) develop a protocol for the conduct of scientific independent review under this subsection, that-- ``(I) includes review of the adequacy of any scientific methodology used to support an action and the validity of any conclusions drawn from data used to support an action; and ``(II) is modeled after applicable National Academy of Sciences policies and guidelines for report reviews; and ``(ii) provide to each independent review board established under this subsection clear guidelines as to the conduct of its review consistent with that protocol. ``(5) If an independent review board under this subsection makes a recommendation regarding a covered action, the Secretary shall, within 90 days after receiving the recommendation, evaluate and consider the information that results from the review by the board, and shall include in the rulemaking record for the covered action-- ``(A) a summary of the results of the review by the board; and ``(B) in a case in which the recommendation of a majority of the members of the board is not followed, an explanation of why the recommendation was not followed. ``(6) The report of each independent review board under this subsection shall be included in the rulemaking record of any regulation with respect to which the board is convened, and shall be available for public review for at least 30 days before the close of the period for comment on the regulation.''. (b) Biological Assessments.--Section 7(c) of the Endangered Species Act of 1973 (16 U.S.C. 1536(c)) is amended by adding at the end the following: ``(3) In preparing a biological assessment under this subsection, the head of an agency shall solicit and review any scientific and commercial data that a prospective permit or license applicant believes is relevant to the assessment, and shall make that data available to the Secretary.''. (c) Extension of Periods.--Section 4(b)(6) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(6)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i) by striking ``one-year'' and inserting ``18-month''; and (B) in clause (i)(III) by striking ``one-year'' and inserting ``18-month''; and (C) in clause (ii)(II) by striking ``one-year'' and inserting ``18-month''; (2) in subparagraph (B)-- (A) in clause (i) by striking ``one-year'' and inserting ``18-month''; (B) in clause (ii) by striking ``one-year'' and inserting ``18-month''; and (C) in clause (iii) by striking ``one-year'' and inserting ``18-month''; and (3) in subparagraph (C)(ii) by striking ``one-year'' and inserting ``18-month''. SEC. 4. IMPROVED INTERAGENCY COOPERATION. (a) Use of Information Provided by States.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by adding at the end the following: ``(C) In conducting a consultation under subsection (a)(2), the Secretary shall actively solicit and consider information from the State agency in each affected State.''. (b) Opportunity To Participate in Consultations.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as amended by subsection (a)) is further amended by adding at the end the following: ``(D)(i) In conducting a consultation with a Federal agency under subsection (a)(2), the Secretary and the head of the agency shall provide any person who has sought authorization or funding from a Federal agency for an action that is the subject of the consultation, the opportunity to-- ``(I) before the development of a draft biological opinion, submit and discuss with the Secretary and the Federal agency information relevant to the effect of the proposed action on the species and reasonable and prudent alternatives that the Federal agency and the person can take to avoid violation of subsection (a)(2), including any such alternatives proposed by the person; ``(II) receive information, on request, subject to the exemptions specified in section 552(b) of title 5, United States Code, on the status of the species, threats to the species, and conservation measures, used by the Secretary to develop the draft biological opinion and the final biological opinion, including any associated incidental taking statements; and ``(III) receive a copy of the draft biological opinion from the Federal agency and, before issuance of the final biological opinion, submit comments on the draft biological opinion and discuss with the Secretary and the Federal agency the basis for any finding in the draft biological opinion. ``(ii) If alternatives are proposed by a person under clause (i) and the Secretary does not include the alternatives in the final biological opinion, the Secretary shall provide to the person reasonable justification, based on the best scientific and commercial data available, why those alternatives were not included in the opinion. ``(iii) Comments and other information submitted to, or received from, any person (pursuant to clause (i)) who seeks authorization or funding for an action shall be maintained in a file for that action by the Secretary and shall be made available to the public (subject to the exemptions specified in section 552(b) of title 5, United States Code).''.", "summary": "Sound Science for Endangered Species Act Planning Act of 2002 - Amends the Endangered Species Act of 1973 to require the use of the best scientific and commercial data available as a basis of determinations on a petition to add or remove a species from the endangered species list. Directs the Secretary of the Interior to give greater weight to any scientific or commercial study or other information that is empirical or has been field-tested or peer-reviewed.Requires that a petition regarding a species contain clear and convincing evidence of the current and historic ranges of the species concerned, of the most recent population estimates and trends for the species, that any alleged change in the population is beyond the natural range of fluctuations, and of the reason that the petitioned action is warranted.Directs the Secretary to: (1) promulgate regulations that establish criteria that must be met for scientific and commercial information to be used as the basis of a determination to support listing a species; and (2) identify and publish in the Federal Register with notice of a proposed regulation a description of additional scientific and commercial data that would assist in the preparation of a recovery plan. Prohibits the Secretary from determining that a species is endangered or threatened unless field data collected supports the determination.Defines \"covered action\" to include: (1) additions to or removals from the lists of endangered or threatened species; (2) a recovery plan; and (3) a determination that a proposed action is or is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat.Requires the Secretary to: (1) appoint an independent review board to review and report on the scientific information and analyses on which a covered action is based before such covered action becomes final; and (2) provide specified participation opportunities to any person who has sought authorization or funding from a Federal agency for an action that is subject to consultation regarding its effects on endangered or threatened species or habitats.Extends the Secretary's review period for covered actions from one year to 18 months."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Humanitarian Assistance to Combat HIV/AIDS in sub-Saharan Africa and the Caribbean and National Security Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The National Security Strategy of the United States, dated September 17, 2002, states: ``[I]n Africa, promise and opportunity sit side-by-side with disease, war and desperate poverty. This threatens both a core value of the United States preserving human dignity and our strategic priority combating global terror. American interests and American principles, therefore, lead in the same direction: we will work with others for an African continent that lives in liberty, peace, and growing prosperity.''. (2) On March 19, 2002, the Director of Central Intelligence testified before Congress that ``[T]he chronic problems of sub- Saharan Africa make it, too, fertile ground for direct and indirect threats to United States interests. Governments without accountability and natural disasters have left Africa with the highest concentration of human misery in the world.''. (3) Sub-Saharan Africa has been far more severely affected by HIV/AIDS than any other part of the world. In fact, AIDS has surpassed malaria as the leading cause of death in sub-Saharan Africa, and it kills many times more people than Africa's armed conflicts. (4) Africa, where an estimated 3,500,000 people were newly infected with HIV in 2002, has approximately 10 percent of the world's population but more than 70 percent of the worldwide total of people infected with HIV. (5) In November 2002, the Joint United Nations Programme on HIV/AIDS (UNAIDS) reported that in 2002, 29,400,000 people were living with HIV/AIDS in sub-Saharan Africa, an increase from 28,500,000 people in 2001. (6) At the end of 2001, an estimated 21,500,000 Africans had lost their lives to AIDS, including an estimated 2,200,000 individuals who died in that year. UNAIDS estimates that by 2020, an additional 55,000,000 Africans will lose their lives to the epidemic. (7) The HIV/AIDS epidemic in Africa is having a much greater impact on children than is the case in other parts of the world. (8) According to UNAIDS, more than 600,000 African infants become infected with HIV each year through mother-to-child transmission, either at birth or through breast-feeding. These children have short life expectancies, and the number currently alive may be about 1,000,000 children. (9) In 2001, an estimated 11,000,000 children who became orphans by AIDS were living in Africa. (10) Because of the stigma attached to AIDS, children who become orphans by AIDS are at high risk for being malnourished, abused, and denied an education. (11) According to UNAIDS, women make up an estimated 58 percent of the HIV-positive adult population in sub-Saharan Africa, as compared to 50 percent of the HIV-positive adult population worldwide. (12) Young women are particularly at risk. In 2001, an estimated 6 to 11 percent of African women aged 15 to 24 were HIV-positive, compared to 3 to 6 percent of young men. (13)(A) The HIV-infection rate among adults is approximately 8.8 percent in Africa, compared with 1.2 percent worldwide. The HIV/AIDS epidemic in sub-Saharan Africa is a major component of this African crisis. (B) In 7 sub-Saharan African countries, 20 percent or more of the adult population is infected with HIV, and the rate has reached 38.8 percent in Botswana. (C) Moreover, in Cameroon, a West African country, the adult HIV-infection rate has increased from 4.7 percent in 1996 to 11.8 percent in 2001. (D) In Nigeria, with a population that exceeds 125,000,000, an estimated 5.8 percent of adults were HIV-positive in 2001, and infection rates in some areas of Nigeria have reached levels seen in neighboring Cameroon. (14) Nongovernmental organizations working in Africa, donor governments, and African governments have responded to the HIV/ AIDS epidemic primarily by attempting to reduce the number of new HIV infections, and to some degree, by trying to ameliorate the damage done by AIDS to families, societies, and economies. (15)(A) A 1999 United Nations study found that community- based organizations, sometimes with the support of nongovernmental organizations, have emerged to supply additional labor, home care for the sick, house repair, and other services to AIDS-afflicted families. (B) Programs and projects aimed at combating the epidemic typically provide information on how HIV is spread, and on how it can be avoided, through the media, posters, lectures, and skits. AIDS awareness programs can be found in many African schools and increasingly in the workplace, where employers are recognizing their interest in reducing the HIV-infection rate among their employees. (16) Public-private partnerships have also become an important vehicle for responding to the HIV/AIDS pandemic in Africa. (17)(A) The United States Agency for International Development estimates that in fiscal year 2000, all donors and lending agencies, together with African governments, spent approximately $500,000,000 in combating HIV/AIDS, but donors have committed to increasing this amount. (B) On July 23, 2000, leaders at the G-8 world economic summit in Okinawa, Japan, pledged to reduce the number of young people infected with the HIV virus by 25 percent. (18) The World Health Organization estimates that a pledge by the G-8 countries to combat malaria and tuberculosis, and reduce the HIV virus in Africa by 25 percent, would cost at least $5,000,000,000 per year for 5 years. The World Bank launched its Multi-Country HIV/AIDS Program (MAP) for Africa in September 2000, and a World Bank official said in October 2002 that to date, $1,000,000,000 had been committed. (19) On December 9, 2001, Peter Piot, Executive Director of UNAIDS, told an international AIDS conference in Burkina Faso that assistance to fight HIV/AIDS in sub-Saharan Africa should be increased ``many-fold'', and that the region requires $5,000,000,000 per year to confront the HIV/AIDS pandemic. (20) While the AIDS epidemic in Caribbean countries does not compare to the severity of the epidemic in Africa, there are an estimated 420,000 people living with AIDS in Caribbean countries. Moreover, the HIV/AIDS adult prevalence rate in several countries in the Caribbean is among the highest outside of sub-Saharan Africa. (21) Caribbean countries with the highest prevalence of HIV infection rates are Haiti and the Bahamas, with adult HIV infection rates at more than 4 percent. Overall, an estimated 1 out of 50 people in Caribbean countries is infected with HIV. Haiti and the Dominican Republic, with a combined 340,000 adults and children living with HIV/AIDS, account for approximately 87 percent of the infected population of Caribbean countries. As noted by the United States Agency for International Development, Haiti's poverty, civil conflict, and unstable governance have contributed to the rapid spread of AIDS. In some urban areas of Haiti, HIV infection rates are at more than 10 percent of the population. (22) In Caribbean countries, access to treatment and care is non-existent for many infected with HIV. Nevertheless, many projects demonstrate that even in severely impoverished countries with little health infrastructure, there can be sustained treatment for people with HIV/AIDS. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) effectively addressing the HIV/AIDS problem in countries in sub-Saharan Africa and the Caribbean is a moral issue of the greatest magnitude and is in the national security interest of the United States; and (2) the President should enter into direct talks with the governments of other member countries of the G-8 and member countries of the European Union to increase the amount of financial support to combat the HIV/AIDS pandemic in sub- Saharan Africa and the Caribbean. SEC. 4. GRANTS TO COMBAT HIV/AIDS IN SUB-SAHARAN AFRICA AND CARIBBEAN COUNTRIES. The Administrator of the United States Agency for International Development is authorized to award grants to nongovernmental organizations for the prevention, treatment, and control of HIV/AIDS in countries in sub-Saharan Africa and Caribbean countries, including by expanding activities to prevent the mother-to-child transmission of HIV by providing treatment, medical care, and support services to HIV- infected parents and their children. In carrying out the preceding sentence, it is the sense of Congress that the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, should provide appropriate medical and technical expertise to the Administrator and recipient governments. SEC. 5. APPOINTMENT OF HEALTH OFFICERS TO UNITED STATES EMBASSIES IN SUB-SAHARAN AFRICA AND THE CARIBBEAN. The Secretary of State, in conjunction with the Secretary of Health and Human Services, is authorized to appoint to the country team in each United States embassy in sub-Saharan Africa and the Caribbean a health officer to advise the United States Ambassador and assist in coordination of the effort to combat HIV/AIDS with local governments. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $500,000,000 for each of the fiscal years 2004 through 2008. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. SEC. 7. DEFINITIONS. In this Act: (1) AIDS.--The term ``AIDS'' means acquired immune deficiency syndrome. (2) Caribbean countries.--The term ``Caribbean countries'' means the countries described in section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)). (3) HIV.--The term ``HIV'' means the human immunodeficiency virus, the pathogen that causes AIDS. (4) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to an individual, an individual who is infected with HIV or living with AIDS. (5) Countries in sub-saharan africa.--The term ``countries in sub-Saharan Africa'' has the meaning given such term in section 107 of the African Growth and Opportunity Act (19 U.S.C. 3706).", "summary": "Humanitarian Assistance to Combat HIV/AIDS in sub-Saharan Africa and the Caribbean and National Security Act of 2003 - Declares the sense of Congress that: (1) effectively addressing the HIV/AIDS problem in countries in sub-Saharan Africa and the Caribbean is a moral issue of the greatest magnitude and is in the national security interest of the United States; and (2) the President should enter into direct talks with the governments of other member countries of the G-8 and member countries of the European Union to increase the amount of financial support to combat the HIV/AIDS pandemic in sub-Saharan Africa and the Caribbean. Authorizes the Administrator of the United States Agency for International Development (USAID) to award grants to nongovernmental organizations (NGOs) for the prevention, treatment, and control of HIV/AIDS in countries in sub-Saharan Africa and Caribbean countries, including treatment, medical care, and support services to HIV-infected parents and their children. Expresses the sense of Congress that the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, should provide appropriate medical and technical expertise to the Administrator and recipient governments. Authorizes the Secretary of State, in conjunction with the Secretary of HHS, to appoint to the country team in each U.S. embassy in sub-Saharan Africa and the Caribbean a health officer to advise the U.S. Ambassador and assist in coordination of the effort to combat HIV/AIDS with local governments."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Cost Containment Act of 2004''. SEC. 2. INCLUSION IN ANNUAL REPORT OF MEDICARE TRUSTEES OF INFORMATION ON STATUS OF MEDICARE PRESCRIPTION DRUG ACCOUNT. (a) Determinations of Excess General Revenue Medicare Prescription Drug Funding.-- (1) In general.--On the same date on which the President submits a budget to Congress, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), shall submit to Congress a determination as to whether there is projected to be excess general revenue medicare prescription drug funding (as defined in subsection (b)) for the fiscal year for which the budget is submitted. (2) Medicare part d funding warning.--For purposes of section 1105(i) of title 31, United States Code, and this Act, an affirmative determination under paragraph (1) by the Secretary shall be treated as a medicare part D funding warning in the fiscal year beginning on October 1 of the year in which the determination is submitted to Congress. (b) Definitions.--For purposes of this section: (1) Excess general revenue medicare prescription drug funding.--The term ``excess general revenue medicare prescription drug funding'' means, with respect to a fiscal year during the period beginning on the date of enactment of this Act and ending on September 30, 2013, that-- (A) the amounts deposited in the Medicare Prescription Drug Account under section 1860D-16(c)(2) (42 U.S.C. 1395w-116(c)(2)), as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173); exceed (B) the part D target amount (as defined in paragraph (2)). (2) Part d target amount.--The term ``part D target amount'' means for a year-- (A) for fiscal year 2005, $800,000,000; (B) for fiscal year 2006, $25,700,000,000; (C) for fiscal year 2007, $39,000,000,000; (D) for fiscal year 2008, $44,600,000,000; (E) for fiscal year 2009, $48,700,000,000; (F) for fiscal year 2010, $53,700,000,000; (G) for fiscal year 2011, $58,600,000,000; (H) for fiscal year 2012, $65,300,000,000; and (I) for fiscal year 2013, $73,100,000,000. (c) Technical Amendment.--Section 1860D-16(c)(3) of the Social Security Act (42 U.S.C. 1395w-116(c)(3)), as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by striking ``under paragraph (1) or subsection (a)(2)'' and inserting ``under paragraph (1), (2), or (4), gifts and bequests as may be made as provided in section 201(i)(1), or accrued interest on balances in the Account''. SEC. 3. PRESIDENTIAL SUBMISSION OF LEGISLATION. (a) In General.--Section 1105 of title 31, United States Code, as amended by section 802(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by adding at the end the following new subsection: ``(i)(1) If there is a medicare part D funding warning under section 2(a)(2) of the Medicare Prescription Drug Cost Containment Act of 2004 made in a year, the President shall submit to Congress, within the 15-day period beginning on the date of the budget submission to Congress under subsection (a) for the succeeding year, proposed legislation to respond to such warning. ``(2) Paragraph (1) does not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue medicare funding (as defined in section 2(b) of the Medicare Prescription Drug Cost Containment Act of 2004) for the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013, as certified by the Board of Trustees of the Federal Supplementary Medicare Insurance Trust Fund not later than 30 days after the date of the enactment of such legislation.''. (b) Sense of Congress.--It is the sense of Congress that legislation submitted pursuant to section 1105(i) of title 31, United States Code, in a year should be designed to eliminate excess general revenue medicare funding (as defined in section 2(b)) for the period that begins with the fiscal year for which the determination is made and ends on September 30, 2013. SEC. 4. PROCEDURES IN THE HOUSE OF REPRESENTATIVES. (a) Introduction and Referral of President's Legislative Proposal.-- (1) Introduction.--In the case of a legislative proposal submitted by the President pursuant to section 1105(i) of title 31, United States Code, as added by section 3(a), within the 15-day period specified in paragraph (1) of such section, the majority leader of the House of Representatives (or his designee) and the minority leader of the House of Representatives (or his designee) shall introduce such proposal (by request), the title of which is as follows: ``A bill to respond to a medicare part D funding warning.'' Such bill shall be introduced within 3 legislative days after Congress receives such proposal. (2) Referral.--Any legislation introduced pursuant to paragraph (1) shall be referred to the appropriate committees of the House of Representatives. (b) Direction to the Appropriate House Committees.-- (1) In general.--In the House, in any year during which the President is required to submit proposed legislation to Congress under section 1105(i) of title 31, United States Code, the appropriate committees shall report medicare funding legislation by not later than June 30 of such year. (2) Medicare funding legislation.--For purposes of this section, the term ``medicare funding legislation'' means-- (A) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15- day period referred to in such subsection; or (B) any bill the title of which is as follows: ``A bill to respond to a medicare part D funding warning.''. (3) Certification.--With respect to any medicare funding legislation or any amendment to such legislation to respond to a medicare part D funding warning, the chairman of the Committee on the Budget of the House shall certify-- (A) whether or not such legislation eliminates excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year during the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013; and (B) with respect to such an amendment, whether the legislation, as amended, would eliminate excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year in such period. (c) Fallback Procedure for Floor Consideration If the House Fails To Vote on Final Passage by July 30.-- (1) After July 30 of any year during which the President is required to submit proposed legislation to Congress under section 1105(i) of title 31, United States Code, unless the House of Representatives has voted on final passage of any medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A), then, after the expiration of not less than 30 calendar days (and concurrently 5 legislative days), it is in order to move to discharge any committee to which medicare funding legislation which has such a certification and which has been referred to such committee for 30 calendar days from further consideration of the legislation. (2) A motion to discharge may be made only by an individual favoring the legislation, may be made only if supported by \\1/ 5\\ of the total membership of the House of Representatives (a quorum being present), and is highly privileged in the House of Representatives. Debate thereon shall be limited to not more than 1 hour, the time to be divided in the House of Representatives equally between those favoring and those opposing the motion. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (3) Only 1 motion to discharge a particular committee may be adopted under this subsection in any session of Congress. (4) Notwithstanding paragraph (1), it shall not be in order to move to discharge a committee from further consideration of medicare funding legislation pursuant to this subsection during a session of Congress if, during the previous session of the Congress, the House of Representatives passed medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A). (d) Floor Consideration in the House of Discharged Legislation.-- (1) In the House, not later than 3 legislative days after any committee has been discharged from further consideration of legislation under subsection (c), the Speaker shall resolve the House into the Committee of the Whole for consideration of the legislation. (2) The first reading of the legislation shall be dispensed with. All points of order against consideration of the legislation are waived. General debate shall be confined to the legislation and shall not exceed 5 hours, which shall be divided equally between those favoring and those opposing the legislation. After general debate the legislation shall be considered for amendment under the 5-minute rule. During consideration of the legislation, no amendments shall be in order in the House of Representatives or in the Committee of the Whole except those for which there has been an affirmative certification under subsection (b)(3)(B). All points of order against consideration of any such amendment in the Committee of the Whole are waived. The legislation, together with any amendments which shall be in order, shall be considered as read. During the consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of Rule XVIII of the Rules of the House of Representatives. Debate on any amendment shall not exceed 1 hour, which shall be divided equally between those favoring and those opposing the amendment, and no pro forma amendments shall be offered during the debate. The total time for debate on all amendments shall not exceed 10 hours. At the conclusion of consideration of the legislation for amendment, the Committee shall rise and report the legislation to the House of Representatives with such amendments as may have been adopted. The previous question shall be considered as ordered on the legislation and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. If the Committee of the Whole rises and reports that it has come to no resolution on the bill, then on the next legislative day the House of Representatives shall, immediately after the third daily order of business under clause 1 of Rule XIV of the Rules of the House of Representatives, resolve into the Committee of the Whole for further consideration of the bill. (3) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any such legislation shall be decided without debate. (4) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any such legislation and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances. (e) Legislative Day Defined.--As used in this section, the term ``legislative day'' means a day on which the House of Representatives is in session. (f) Restriction on Waiver.--In the House of Representatives, the provisions of this section may be waived only by a rule or order proposing only to waive such provisions. (g) Rulemaking Power.--The provisions of this section are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and, as such, shall be considered as part of the rules of that House of Representatives and shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of that House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. PROCEDURES IN THE SENATE. (a) Introduction and Referral of President's Legislative Proposal.-- (1) Introduction.--In the case of a legislative proposal submitted by the President pursuant to section 1105(i) of title 31, United States Code, within the 15-day period specified in paragraph (1) of such section, the majority leader and minority leader of the Senate (or their designees) shall introduce such proposal (by request), the title of which is as follows: ``A bill to respond to a medicare part D funding warning.'' Such bill shall be introduced within 3 days of session after Congress receives such proposal. (2) Referral.--Any legislation introduced pursuant to paragraph (1) shall be referred to the Committee on Finance. (b) Medicare Funding Legislation.--For purposes of this section, the term ``medicare funding legislation'' means-- (1) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15-day period referred to in such subsection; or (2) any bill the title of which is as follows: ``A bill to respond to a medicare part D funding warning.''. (c) Qualification for Special Procedures.-- (1) In general.--The special procedures set forth in subsections (d) and (e) shall apply to medicare funding legislation, as described in subsection (b), only if the legislation-- (A) is medicare funding legislation that is passed by the House of Representatives; or (B) contains matter within the jurisdiction of the Committee on Finance in the Senate. (2) Failure to qualify for special procedures.--If the medicare funding legislation does not satisfy paragraph (1), then the legislation shall be considered under the ordinary procedures of the Standing Rules of the Senate. (d) Discharge.-- (1) In general.--If the Committee on Finance of the Senate has not reported medicare funding legislation described in subsection (c)(1) by June 30 of a year in which the President is required to submit medicare funding legislation to Congress under section 1105(i) of title 31, United States Code, then any Senator may move to discharge the Committee of any single medicare funding legislation measure. Only 1 such motion shall be in order in any session of Congress. (2) Debate limits.--Debate in the Senate on any such motion to discharge, and all appeals in connection therewith, shall be limited to not more than 2 hours. The time shall be equally divided between, and controlled by, the maker of the motion and the majority leader, or their designees, except that in the event the majority leader is in favor of such motion, the time in opposition thereto shall be controlled by the minority leader or the minority leader's designee. A point of order under this subsection may be made at any time. It is not in order to move to proceed to another measure or matter while such motion (or the motion to reconsider such motion) is pending. (3) Amendments.--No amendment to the motion to discharge shall be in order. (4) Exception if certified legislation enacted.-- Notwithstanding paragraph (1), it shall not be in order to discharge the Committee from further consideration of medicare funding legislation pursuant to this subsection during a session of a Congress if the chairman of the Committee on the Budget of the Senate certifies that medicare funding legislation has been enacted that eliminates excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year in the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013. (e) Consideration.--After the date on which the Committee on Finance of the Senate has reported medicare funding legislation described in subsection (c)(1), or has been discharged (under subsection (d)) from further consideration of, such legislation, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of such legislation. (f) Rules of the Senate.--This section is enacted by the Senate-- (1) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a bill described in this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.", "summary": "Medicare Prescription Drug Cost Containment Act of 2004 - Directs the Secretary of Health and Human Services, on the same date on which the President submits a budget to Congress, to determine to Congress whether excess general revenue Medicare prescription drug funding is projected for the fiscal year for which the budget is submitted. Treats an affirmative determination as a Medicare part D (Voluntary Prescription Drug Benefit Program) funding warning in the fiscal year beginning on October 1 of the year in which the determination is made. Amends Federal money and finance law, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the President to submit to Congress proposed legislation to respond to such a warning within 15 days after the budget submission to Congress for the succeeding year. States that such requirement shall not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue Medicare funding for the period beginning with the fiscal year for which the determination is made through September 30, 2013, as certified by the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund. Expresses the sense of Congress that legislation submitted by the President in response to a warning should be designed to eliminate excess general revenue Medicare funding for the period that begins with the fiscal year for which the determination is made through September 30, 2013. Sets out the special procedures for House and Senate consideration of the President's legislative proposal in response to such warning."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Families for All Children Act''. SEC. 2. 3-YEAR LIMIT ON FEDERAL REIMBURSEMENT OF FOSTER CARE MAINTENANCE PAYMENTS FOR CHILD NOT IN A LEGAL GUARDIANSHIP OR KINSHIP GUARDIANSHIP ARRANGEMENT. Section 474 of the Social Security Act (42 U.S.C. 674) is amended by adding at the end the following: ``(h) Limitation on Number of Months for Which Foster Care Maintenance Payments Made on Behalf of a Child Not in a Legal Guardianship or Kinship Guardianship Arrangement May Be Reimbursed.-- Notwithstanding any other provision of this part, a foster care maintenance payment made on behalf of a child shall not be taken into account for purposes of this section after such a payment has been made on behalf of the child for 36 months (whether or not consecutive) ending after the effective date of this subsection, unless the child is in a legal guardianship or kinship guardianship arrangement.''. SEC. 3. 1-YEAR LIMIT ON FEDERAL REIMBURSEMENT OF FOSTER CARE MAINTENANCE PAYMENTS FOR CHILD IN CHILD-CARE INSTITUTION. Section 474 of the Social Security Act (42 U.S.C. 674), as amended by section 2 of this Act, is amended by adding at the end the following: ``(i) Limitation on Number of Months for Which Foster Care Maintenance Payments Made to Child-Care Institutions on Behalf of a Child May Be Reimbursed.--Notwithstanding any other provision of this part, a foster care maintenance payment made to a child-care institution on behalf of a child residing in the institution shall not be taken into account for purposes of this section after such a payment has been made to 1 or more such institutions on behalf of the child for 12 months (whether or not consecutive) ending after the effective date of this subsection.''. SEC. 4. ELIMINATION OF AFDC ELIGIBILITY REQUIREMENT FOR FOSTER CARE MAINTENANCE PAYMENTS. (a) Elimination of Income Eligibility Requirement.-- (1) In general.--Section 472(a) of the Social Security Act (42 U.S.C. 672(a)) is amended-- (A) in paragraph (1), by striking ``if'' and all that follows and inserting ``if the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2).''; and (B) by striking paragraphs (3) and (4). (2) Conforming amendments.-- (A) Section 470 of such Act (42 U.S.C. 670) is amended by striking ``who otherwise would have been eligible for assistance under the States plan approved under part A (as such plan was in effect on June 1, 1995)''. (B) Section 479B(c)(1)(C)(ii) of such Act (42 U.S.C. 679c(c)(1)(C)(ii)) is amended-- (i) by striking ``the following shall apply:'' and all that follows through ``Only'' and inserting ``only''; and (ii) by striking subclause (II). (b) Replacement of Federal Matching Rate Applicable to Foster Care Maintenance Payments and Related Costs.-- (1) In general.--Section 474(a)(1) of such Act (42 U.S.C. 674(a)(1)) is amended to read as follows: ``(1) an amount equal to the foster care partnership rate applicable to the State for the quarter, as determined under subsection (k), of the total amount expended during the quarter as foster care maintenance payments under section 472 for children in foster family homes or child-care institutions (or, with respect to such payments made during the quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage (as defined in section 1905(b)) that would apply under section 479B(d) (in this paragraph referred to as the `tribal FMAP') if the Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus''. (2) Foster care partnership rate.--Section 474 of such Act (42 U.S.C. 674), as amended by sections 2 and 3 of this Act, is amended by adding at the end the following: ``(k) The Secretary, in consultation with a State, shall determine the foster care partnership rate applicable to the State for a quarter so that the total of the amounts payable to the State under subsection (a)(1) for the fiscal year in which the quarter occurs equals the total of the amounts required to be paid to the State under subsection (a)(1) (as in effect just before the 1st quarter for which this subsection is in effect with respect to the State) for the 4 quarters preceding such 1st quarter.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins after the date of the enactment of this Act. (2) State option to delay effective date.--A State may elect to delay the effectiveness of the amendments made by this section with respect to the State for not more than 3 years. SEC. 5. ELIGIBILITY OF CHILD IN RESIDENTIAL TREATMENT PROGRAM FOR HALF OF REGULAR FOSTER CARE MAINTENANCE PAYMENTS. Section 472(b) of the Social Security Act (42 U.S.C. 672(b)) is amended by inserting ``, except that, while the child is in a residential treatment program, the payments may continue to be made on behalf of the child at 50 percent of the level at which the payments that would otherwise be made'' before the period. SEC. 6. EFFECTIVE DATE. (a) In General.--Except as otherwise provided in this Act, the amendments made by this Act shall take effect on the 1st day of the 12th month beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters ending on or after such date. (b) Delay Permitted if State Legislation Required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter ending after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. SEC. 7. INCREASED FUNDING FOR CASEWORKER TRAINING ON CHILD-FOCUSED RECRUITMENT AND RETENTION. The Secretary of Health and Human Services shall increase the proportion of the amounts expended by a State for caseworker training on child-focused recruitment and retention with respect to which the State is entitled to a payment under section 474(a)(3)(B) of the Social Security Act for each of fiscal years 2015 through 2019, so that the aggregate of the additional amounts required to be paid by reason of this section for the fiscal year involved equals the amount that the Director of the Office of Management and Budget determines is the net amount of reduced mandatory spending for the fiscal year as a result of the enactment of the preceding provisions of this Act. SEC. 8. UNUSED SAVINGS TO BE SPENT ON CHILD WELFARE PROGRAMS. The amount specified in section 425 of the Social Security Act for each of fiscal years 2015 through 2019 shall be increased by the savings from the preceding provisions of this Act for the then preceding fiscal year, as computed using the most recent baseline of the Congressional Budget Office. SEC. 9. PUBLIC SERVICE LOAN FORGIVENESS FOR SOCIAL WORKERS. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended by adding at the end the following: ``(5) Loan cancellation for certain social workers.--In the case of a borrower who works in social work in a public child or family service agency, paragraph (1) shall be applied-- ``(A) by substituting `60' for `120' both places it appears; and ``(B) by striking `after October 1, 2007' and inserting `after the date of enactment of the Permanent Families for All Children Act'.''.", "summary": "Permanent Families for All Children Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to: limit to 36 the number of months for which foster care maintenance payments made on behalf of a child not in a legal guardianship or kinship guardian arrangement may be reimbursed; limit to 12 the number of months for which foster care maintenance payments made to child-care institutions on behalf of a child residing in the institution may be reimbursed; eliminate the Aid to Families with Dependent Children (AFDC) income eligibility requirement for foster care maintenance payments; replace the federal medical assistance percentage (FMAP, or federal matching rate) for foster care maintenance payments and related costs in a state with a foster care partnership rate for the quarter determined by the Secretary of Health and Human Services (HHS); and make children in residential treatment programs eligible for 50% of regular foster care maintenance payments. Directs the Secretary to increase the proportion of the amounts expended by a state for caseworker training on child-focused recruitment and retention. Increases the amount of spending for child welfare programs by the unused savings resulting from this Act. Amends the Higher Education Act of 1965 to authorize the cancellation of Federal Direct Student Loans for a social worker employed in a public child or family service agency after the social worker has made 60 monthly payments on the eligible loan after the enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consortium on the Impact of Technology in Aging Health Services Act of 2006''. SEC. 2. ESTABLISHMENT OF CONSORTIUM. (a) Establishment.--There is established a Consortium to be known as the ``Consortium on the Impact of Technology in Aging Health Services'' (referred to in this Act as the ``Consortium''). (b) Purpose.--The purpose of the Consortium is to evaluate the potential of new technologies to help the United States prepare for the unprecedented demographic changes that will occur during the next 10 years in the Nation's healthcare system. (c) Membership.-- (1) Composition.--The Consortium shall be composed of 17 members, of whom-- (A) 1 member shall be appointed by the President and designated by the President as Chairperson of the Consortium; (B) 4 members shall be appointed by the Majority Leader of the Senate; (C) 4 members shall be appointed by the Minority Leader of the Senate; (D) 4 members shall be appointed by the Speaker of the House of Representatives; and (E) 4 members shall be appointed by the Minority Leader of the House of Representatives. (2) Qualifications.-- (A) In general.--Appointments to the Consortium shall be made from individuals who are senior-level executives from the Federal Government or the private- sector who have demonstrated experience as-- (i) providers of senior, geriatric, and other assistive services, including housing, nursing care, home-and-community based services, and assisted living and caregiver organizations; (ii) technology developers or producers of products for aged individuals; (iii) Federal, State, or academic researchers that focus on aging issues; (iv) physicians and other health care providers; (v) insurers and other payer organizations; and (vi) representatives of the pharmaceutical industry. (B) Inclusion of seniors and individuals with disabilities.--At least 2 appointees shall be-- (i) age 65 or older; or (ii) an individual with a disability. (3) Date of appointments.--The appointment of a member of the Consortium shall be made not later than 30 days after the date of enactment of this Act. (d) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Consortium. (2) Vacancies.--A vacancy on the Consortium-- (A) shall not affect the powers of the Consortium; and (B) shall be filled, not later than 30 days after the Consortium is given notice of the vacancy, in the same manner as the original appointment was made. (e) Initial Meeting.--Not later than 30 days after the date on which all members of the Consortium have been appointed, the Consortium shall hold the initial meeting of the Consortium. (f) Meetings.--The Consortium shall meet at the call of the Chairperson. (g) Quorum.--A majority of the members of the Consortium shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 3. DUTIES. (a) Study.-- (1) In general.--The Consortium shall conduct a study of all matters relating to the potential use of new technology to assist older adults and their caregivers throughout the aging process. (2) Matters to be studied.--The matters to be studied by the Consortium shall include-- (A) methods for identifying technology that can be adapted to meet the needs of seniors, individuals with disabilities, and the caregivers of such seniors and individuals across all aging services settings; (B) methods for fostering scientific innovation with respect to aging services technology within the business and academic communities; (C) identifying barriers to innovation in aging services technology and devising strategies for removing such barriers; (D) developments in aging services technology in other countries that may be applied in the United States; (E) methods for ensuring that businesses in the United States have a leadership role in the rapidly expanding global market of aging services technology; and (F) identifying barriers to the adoption of aging services technology by health care providers and consumers and devising strategies to removing such barriers. (b) Recommendations.--The Consortium shall develop recommendations with respect to the following: (1) Identification of developments in current aging services technologies that may result in increased efficiency and cost savings to the healthcare system. (2) Opportunities for ongoing research and development by the public and private sectors to accelerate the development and adoption of aging services technology in order to-- (A) promote the independence of seniors and individuals with disabilities; (B) facilitate early disease detection; (C) delay the physical, cognitive, social, and emotional decline resulting from disease and the aging process; (D) support wellness activities and preventive behaviors; (E) promote greater support to community- and facility-based caregivers; (F) develop systems that improve the quality and efficiency of facility-based care, such as pharmacy distribution programs and secure electronic clinical records; (G) enhance the utilization of technology by caregivers to reduce the burden of paperwork ; (H) minimize caregiver burnout; and (I) reduce medication errors and improve overall compliance. (3) Identification of methods to ensure that necessary technology infrastructure is in place to deliver aging services to rural and urban areas. (4) Whether to establish-- (A) a permanent Federal interagency task force that will facilitate the development and distribution of aging services technology; and (B) a National Resource Center that would stimulate research, oversee demonstration projects, and provide training and technical assistance to Federal, State, and private sector organizations and entities that provide aging services. (5) Assignment of responsibilities for aging services with respect to jurisdiction, funding, and reporting relationships. (c) Report.--Not later than 24 months after the date of enactment of this Act, the Consortium shall submit to the President and the appropriate committees of Congress a report that contains the recommendations of the Consortium with respect to the following: (1) Development of national policy.--The development of a national policy to address issues with respect to technology and assistive health services for seniors, including the appropriate roles and responsibilities for the Federal Government, State and local governments, and the private sector. (2) Legislative and program changes.--The specific legislative and regulatory changes with respect to Federal laws and programs that would support and encourage the private sector to develop and make widely available consumer-empowered technology solutions. (3) Establishment of national resource center.--The establishment of a National Resource Center on Aging Services Technologies to offer training and assistance to the Federal Government, State and local governments, and the private sector in the application of technology in pilots and trials with respect to assistive health services for seniors. SEC. 4. POWERS. (a) Hearings.--The Consortium may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Consortium considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Consortium may secure directly from a Federal agency such information as the Consortium considers necessary to carry out this Act. (2) Provision of information.--Except as otherwise provided by law, on request of the Chairperson of the Consortium, the head of the agency shall provide the information to the Consortium. (c) Postal Services.--The Consortium may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (d) Contract Authority.--The Consortium may contract with and compensate government and private agencies or persons for services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (e) Powers of Members and Agents.--Any member or agent of the Consortium may, if authorized by the Consortium, take any action which the Consortium is authorized to take by this section. (f) Gifts.--The Consortium may accept, use, and dispose of gifts or donations of services or property. (g) Printing.--For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Printing Office, the Consortium shall be deemed to be a committee of Congress. SEC. 5. CONSORTIUM PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Consortium shall receive no additional pay, allowances, or benefits by reason of their service on the Consortium. (b) Travel Expenses.--A member of the Consortium shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Consortium. (c) Staff.-- (1) In general.--The Chairperson of the Consortium may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Consortium to perform the duties of the Consortium. (2) Compensation.-- (A) Executive director.--The executive director shall be paid the rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (B) Other staff.--The staff shall be appointed subject to the provisions of title 5, United States Code, government appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Consortium without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Consortium may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the maximum annual rate of basic pay payable for the General Schedule. (f) Physical Facilities.--The Administrator of the General Services Administration shall locate suitable office space for the operation of the Consortium. The facilities shall serve as the headquarters of the Consortium and shall include all necessary equipment and incidentals required for the proper functioning of the Consortium. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $1,500,000, for the period of fiscal years 2007 through 2010, to remain available until expended. SEC. 7. TERMINATION OF CONSORTIUM. The Consortium shall terminate 180 days after the date on which the Consortium submits the report required under section 3(c).", "summary": "Consortium on the Impact of Technology in Aging Health Services Act of 2006 - Establishes the Consortium on the Impact of Technology in Aging Health Services. Requires the Consortium to conduct a study of all matters relating to the potential use of new technology to assist older adults and their caregivers, including: (1) methods for identifying technology that may be adapted to meet their needs; (2) methods for fostering scientific innovation in aging services technology within the business and academic communities; (3) barriers to innovation in and the adoption of technology and strategies for removing such barriers; (4) developments in such technology in other countries; and (5) methods for ensuring that U.S. businesses have a leadership role in the global market of such technology. Requires the Consortium to develop recommendations concerning: (1) developments in current technologies that may result in increased efficiency and cost savings to the healthcare system; (2) opportunities for research and development to accelerate the development and adoption of aging services technology; (3) methods to ensure that technology infrastructure is in place to deliver services; and (4) establishment of a federal interagency task force to facilitate the development and distribution of such technology and a National Resource Center to stimulate research, oversee demonstration projects, and provide training and assistance to entities that provide such services. Requires the Consortium to report recommendations regarding development of a national policy to address issues concerning technology and assistive health services for seniors, changes to federal laws and programs that would support and encourage the private sector to develop and make widely available consumer-empowered technology solutions, and establishment of a National Resource Center on Aging Services Technologies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Students Act''. SEC. 2. NATIONAL GUARD SUPPORT FOR STATE AND LOCAL EFFORTS TO KEEP SCHOOLS SAFE FROM VIOLENCE. (a) In General.--Chapter 1 of title 32, United States Code, is amended by inserting after section 112 the following new section: ``Sec. 112a. Support for State and local efforts to keep schools safe from violence ``(a) Funding Assistance.--The Secretary of Defense may provide funds to the Governor of a State who submits to the Secretary a plan for the National Guard to supplement State and local efforts to keep schools safe from violence that satisfies the requirements of subsection (c). Such funds shall be used for the following: ``(1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of supplementing State and local efforts to keep schools safe from violence. ``(2) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of supplementing State and local efforts to keep schools safe from violence. ``(3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of supplementing State and local efforts to keep schools safe from violence. However, the use of such funds for the procurement of equipment may not exceed $5,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense. ``(b) Use of Personnel Performing Full-Time National Guard Duty.-- (1) Under regulations prescribed by the Secretary of Defense, personnel of the National Guard of a State may, in accordance with the plan referred to in subsection (c) with respect to the State concerned, be ordered to perform full-time National Guard duty under section 502(f) of this title for the purpose of supplementing State and local efforts to keep schools safe from violence. ``(2)(A) A member of the National Guard serving on full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under section 502(a) of this title in addition to the duty performed for the purpose authorized under that paragraph. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of supplementing State and local efforts to keep schools safe from violence. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title. ``(B) To ensure that the use of units and personnel of the National Guard of a State pursuant to a plan referred to in subsection (c) does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the activities supplementing State and local efforts to keep schools safe from violence that units and personnel of the National Guard of a State may perform: ``(i) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. ``(ii) National Guard personnel will not degrade their military skills as a result of performing the activities. ``(iii) The performance of the activities will not result in a significant increase in the cost of training. ``(iv) In the case of activities supplementing State and local efforts to keep schools safe from violence that are performed by a unit organized to serve as a unit, the activities will support valid unit training requirements. ``(3) A unit or member of the National Guard of a State may be used, pursuant to a plan referred to in subsection (c) that is approved by the Secretary of Defense under this section, to provide services or other assistance (other than air transportation) to an organization eligible to receive services under section 508 of this title if-- ``(A) the plan specifically recognizes the organization as being eligible to receive the services or assistance; ``(B) in the case of services, the performance of the services meets the requirements of paragraphs (1) and (2) of subsection (a) of section 508 of this title; and ``(C) the services or assistance is authorized under subsection (b) or (c) of such section or in the plan. ``(c) Plan Requirements.--A plan to supplement State and local efforts to keep schools safe from violence under this subsection shall-- ``(1) specify how personnel of the National Guard of that State are to be used in supplementing State and local efforts to keep schools safe from violence; ``(2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; ``(3) certify that participation by National Guard personnel in those operations is service in addition to training required under section 502 of this title; ``(4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard; ``(5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and ``(6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose. ``(d) Examination of Plan.--(1) Before funds are provided to the Governor of a State under this section and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b), the Secretary of Defense shall examine the adequacy of the plan submitted by the Governor under subsection (c). ``(2) Except as provided in paragraph (3), the Secretary of Defense shall carry out paragraph (1) in consultation with the Secretary of Education. ``(3) Paragraph (2) shall not apply if-- ``(A) the Governor of a State submits a plan under subsection (c) that is substantially the same as a plan submitted for that State for a previous fiscal year; and ``(B) pursuant to the plan submitted for a previous fiscal year, funds were provided to the State in accordance with subsection (a) or personnel of the National Guard of the State were ordered to perform full-time National Guard duty in accordance with subsection (b). ``(e) End Strength Limitation.--(1) Except as provided in paragraph (2), at the end of a fiscal year there may not be more than 4,000 members of the National Guard-- ``(A) on full-time National Guard duty under section 502(f) of this title to perform activities supplementing State and local efforts to keep schools safe from violence pursuant to an order to duty; or ``(B) on duty under State authority to activities supplementing State and local efforts to keep schools safe from violence pursuant to an order to duty with State pay and allowances being reimbursed with funds provided under subsection (a)(1). ``(2) The Secretary of Defense may increase the end strength authorized under paragraph (1) by not more than 20 percent for any fiscal year if the Secretary determines that such an increase is necessary in the national security interests of the United States. ``(f) Annual Report.--The Secretary of Defense shall submit to Congress on an annual basis a report regarding the assistance provided and activities carried out under this section during the preceding fiscal year. Each report shall include the following: ``(1) The number of members of the National Guard excluded under subsection (e)(1) from the computation of end strengths. ``(2) A description of the activities to supplement State and local efforts to keep schools safe from violence that were conducted under plans referred to in subsection (c) with funds provided under this section. ``(3) An accounting of the amount of funds provided to each State. ``(4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform activities under the plans to supplement State and local efforts to keep schools safe from violence. ``(g) Statutory Construction.--Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. ``(h) Definitions.--In this section: ``(1) The term `Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. ``(2) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 112 the following new item: ``112a. Support for State and local efforts to keep schools safe from violence.''.", "summary": "Save Our Students Act - Authorizes the Secretary of Defense (DOD) to provide funds to states submitting specified plans for the National Guard to supplement state and local efforts to keep schools safe from violence."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Crime Victims' Restitution Act of 2006''. SEC. 2. EFFECT OF DEATH OF A DEFENDANT IN FEDERAL CRIMINAL PROCEEDINGS. (a) In General.--Subchapter A of chapter 227 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3560. Effect of death of a defendant in Federal criminal proceedings ``(a) General Rule.--Notwithstanding any other provision of law, the death of a defendant who has been convicted of a Federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of that defendant, or for dismissing or otherwise invalidating the indictment, information, or complaint on which such a plea, verdict, sentence, or judgment is based, except as provided in this section. ``(b) Death After Plea or Verdict.-- ``(1) Entry of judgment.--If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned, but before judgment is entered, the court shall enter a judgment incorporating the plea of guilty or nolo contendere or the verdict, with the notation that the defendant died before the judgment was entered. ``(2) Punitive sanctions.-- ``(A) Death before sentence announced.--If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned and before a sentence has been announced, no sentence of probation, supervision, or imprisonment may be imposed, no criminal forfeiture may be ordered, and no liability for a fine or special assessment may be imposed on the defendant or the defendant's estate. ``(B) Death after sentencing or judgment.--The death of a defendant after a sentence has been announced or a judgment has been entered, and before that defendant has exhausted or waived the right to a direct appeal-- ``(i) shall terminate any term of probation, supervision, or imprisonment, and shall terminate the liability of that defendant to pay any amount remaining due of a criminal forfeiture, of a fine under section 3613(b), or of a special assessment under section 3013; and ``(ii) shall not require return of any portion of any criminal forfeiture, fine, or special assessment already paid. ``(3) Restitution.-- ``(A) Death before sentence announced.--If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned and before a sentence has been announced, the court shall, upon a motion under subsection (c)(2) by the Government or any victim of that defendant's crime, commence a special restitution proceeding at which the court shall adjudicate and enter a final order of restitution against the estate of that defendant in an amount equal to the amount that would have been imposed if that defendant were alive. ``(B) Death after sentencing or judgment.--The death of a defendant after a sentence has been announced shall not be a basis for abating or otherwise invalidating restitution announced at sentencing or ordered after sentencing under section 3664(d)(5) of this title or any other provision of law. ``(4) Civil proceedings.--The death of a defendant after a plea of guilty or nolo contendere has been accepted, a verdict returned, a sentence announced, or a judgment entered, shall not prevent the use of that plea, verdict, sentence, or judgment in civil proceedings, to the extent otherwise permitted by law. ``(c) Appeals, Motions, and Petitions.-- ``(1) In general.--Except as provided in paragraph (2), after the death of a defendant convicted in a criminal case-- ``(A) no appeal, motion, or petition by or on behalf of that defendant or the personal representative or estate of that defendant, the Government, or a victim of that defendant's crime seeking to challenge or reinstate a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of that defendant shall be filed in that case after the death of that defendant; and ``(B) any pending motion, petition, or appeal in that case shall be dismissed with the notation that the dismissal is due to the death of the defendant. ``(2) Exceptions.-- ``(A) Restitution.--After the death of a defendant convicted in a criminal case, the personal representative of that defendant, the Government, or any victim of that defendant's crime may file or pursue an otherwise permissible direct appeal, petition for mandamus or a writ of certiorari, or an otherwise permissible motion described in section 3663, 3663A, 3664, or 3771, to the extent that the appeal, petition, or motion raises an otherwise permissible claim to-- ``(i) obtain, in a special restitution proceeding, a final order of restitution under subsection (b)(3); ``(ii) enforce, correct, amend, adjust, reinstate, or challenge any order of restitution; or ``(iii) challenge or reinstate a verdict, plea of guilty or nolo contendere, sentence, or judgment on which-- ``(I) a restitution order is based; or ``(II) restitution is being or will be sought by an appeal, petition, or motion under this paragraph. ``(B) Other civil actions affected.--After the death of a defendant convicted in a criminal case, the personal representative of that defendant, the Government, or any victim of that defendant's crime may file or pursue an otherwise permissible direct appeal, petition for mandamus or a writ of certiorari, or an otherwise permissible motion under the Federal Rules of Criminal Procedure, to the extent that the appeal, petition, or motion raises an otherwise permissible claim to challenge or reinstate a verdict, plea of guilty or nolo contendere, sentence, or judgment that the appellant, petitioner, or movant shows by a preponderance of the evidence is, or will be, material in a pending or reasonably anticipated civil proceeding, including civil forfeiture proceedings. ``(C) Collateral consequences.-- ``(i) In general.--Except as provided in subparagraphs (A) and (B), the Government may not restrict any Federal benefits or impose collateral consequences on the estate or a family member of a deceased defendant based solely on the conviction of a defendant who died before that defendant exhausted or waived the right to direct appeal unless, not later than 90 days after the death of that defendant, the Government gives notice to that estate or family member of the intent of the Government to take such action. ``(ii) Personal representative.--If the Government gives notice under clause (i), the court shall appoint a personal representative for the deceased defendant that is the subject of that notice, if not otherwise appointed, under section (d)(2)(A). ``(iii) Tolling.--If the Government gives notice under clause (i), any filing deadline that might otherwise apply against the defendant, the estate of the defendant, or a family member of the defendant shall be tolled until the date of the appointment of that defendant's personal representative under clause (ii). ``(3) Basis.--In any appeal, petition, or motion under paragraph (2), the death of the defendant shall not be a basis for relief. ``(d) Procedures Regarding Continuing Litigation.-- ``(1) In general.--The standards and procedures for a permitted appeal, petition, motion, or other proceeding under subsection (c)(2) shall be the standards and procedures otherwise provided by law, except that the personal representative of the defendant shall be substituted for the defendant. ``(2) Special procedures.--If continuing litigation is initiated or could be initiated under subsection (c)(2), the following procedures shall apply: ``(A) Notice and appointment of personal representative.--The district court before which the criminal case was filed (or the appellate court if the matter is pending on direct appeal) shall-- ``(i) give notice to any victim of the convicted defendant under section 3771(a)(2), and to the personal representative of that defendant or, if there is none, the next of kin of that defendant; and ``(ii) appoint a personal representative for that defendant, if not otherwise appointed. ``(B) Counsel.--Counsel shall be appointed for the personal representative of a defendant convicted in a criminal case who dies if counsel would have been available to that defendant, or if the personal representative of that defendant requests counsel and otherwise qualifies for the appointment of counsel, under section 3006A. ``(C) Tolling.--The court shall toll any applicable deadline for the filing of any motion, petition, or appeal during the period beginning on the date of the death of a defendant convicted in a criminal case and ending on the later of-- ``(i) the date of the appointment of that defendant's personal representative; or ``(ii) where applicable, the date of the appointment of counsel for that personal representative. ``(D) Restitution.--If restitution has not been fully collected on the date on which a defendant convicted in a criminal case dies-- ``(i) any amount owed under a restitution order (whether issued before or after the death of that defendant) shall be collectible from any property from which the restitution could have been collected if that defendant had survived, regardless of whether that property is included in the estate of that defendant; ``(ii) any restitution protective order in effect on the date of the death of that defendant shall continue in effect unless modified by the court after hearing or pursuant to a motion by the personal representative of that defendant, the Government, or any victim of that defendant's crime; and ``(iii) upon motion by the Government or any victim of that defendant's crime, the court shall take any action necessary to preserve the availability of property for restitution under this section. ``(e) Forfeiture.-- ``(1) In general.--Except as provided in paragraph (2), the death of an individual does not affect the Government's ability to seek, or to continue to pursue, civil forfeiture of property as authorized by law. ``(2) Tolling of limitations for civil forfeiture.-- Notwithstanding the expiration of any civil forfeiture statute of limitations or any time limitation set forth in section 983(a) of this title, not later than the later of the time period otherwise authorized by law and 2 years after the date of the death of an individual against whom a criminal indictment alleging forfeiture is pending, the Government may commence civil forfeiture proceedings against any interest in any property alleged to be forfeitable in the indictment of that individual. ``(f) Definitions.--In this section-- ``(1) the term `accepted', relating to a plea of guilty or nolo contendere, means that a court has determined, under rule 11(b) of the Federal Rules of Criminal Procedure, that the plea is voluntary and supported by a factual basis, regardless of whether final acceptance of that plea may have been deferred pending review of a presentence report or otherwise; ``(2) the term `announced', relating to a sentence, means that the sentence has been orally stated in open court; ``(3) the term `convicted' refers to a defendant-- ``(A) whose plea of guilty or nolo contendere has been accepted; or ``(B) against whom a verdict of guilty has been returned; ``(4) the term `direct appeal' means an appeal filed, within the period provided by rule 4(b) of the Federal Rules of Appellate Procedure, from the entry of the judgment or order of restitution, including review by the Supreme Court of the United States; and ``(5) the term `returned', relating to a verdict, means that the verdict has been orally stated in open court.''. (b) Conforming Amendment.--The table of sections for chapter 227 of title 18, United States Code, is amended by adding at the end the following: ``3560. Effect of death of a defendant in Federal criminal proceedings.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to any criminal case or appeal pending on or after July 1, 2006. SEC. 4. SEVERABILITY. If any provision of this Act, any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of the provisions of this Act, the amendments made by this Act, and the application of such provisions or amendments to any person or circumstance shall not be affected.", "summary": "Preserving Crime Victims' Restitution Act of 2006 - Amends the federal criminal code to establish guidelines for cases in which a defendant in a criminal prosecution dies prior to the final adjudication of guilt. Sets forth rules for restitution to victims, appeals, motions, petitions, and civil forfeiture in such cases. Provides, as a general rule, that the death of a defendant who has been convicted of a federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of such defendant, or for dismissing or otherwise invalidating the indictment, information, or complaint, except as provided by this Act."}
{"article": "TITLE I--NATIONAL OCEAN EXPLORATION PROGRAM SEC. 101. SHORT TITLE. This title may be cited as the ``National Ocean Exploration Program Act''. SEC. 102. AUTHORIZATION. The Administrator of the National Oceanic and Atmospheric Administration shall, in consultation with the National Science Foundation and other appropriate Federal agencies, conduct a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with other Federal ocean and undersea research and exploration programs. To the extent appropriate, the Administrator shall seek to facilitate coordination of data and information management systems, outreach and education programs to improve public understanding of ocean and coastal resources, and development and transfer of technologies to facilitate ocean and undersea research and exploration. SEC. 103. AUTHORITIES. (a) In General.--In carrying out the program authorized under section 102, the Administrator of the National Oceanic and Atmospheric Administration (in this title referred to as the ``Administrator'') shall-- (1) conduct interdisciplinary voyages or other scientific activities of discovery in conjunction with other Federal agencies or academic or educational institutions, to explore and survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings; (2) give priority attention to deep ocean regions, with a focus on deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts; (3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences; (4) develop and implement, in consultation with the National Science Foundation, a transparent, competitive process for merit-based peer-review and approval of proposals for activities to be conducted under this program, taking into consideration advice of the Board established under section 104; (5) enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensors and autonomous vehicles; and (6) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program. (b) Donations.--In carrying out the program authorized under section 102, the Administrator may accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans. SEC. 104. OCEAN EXPLORATION ADVISORY BOARD. (a) Establishment.--The Administrator shall appoint an Ocean Exploration Advisory Board composed of experts in relevant fields to-- (1) advise the Administrator on priority areas for survey and discovery; (2) assist the program in the development of a five-year strategic plan for the fields of ocean, marine, and Great Lakes science, exploration, and discovery; (3) annually review the quality and effectiveness of the proposal review process established under section 103(4); and (4) provide other assistance and advice as requested by the Administrator. (b) Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board appointed under subsection (a). SEC. 105. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT. Nothing in this Act supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title-- (1) $30,500,000 for fiscal year 2008; (2) $33,550,000 for fiscal year 2009; (3) $36,905,000 for fiscal year 2010; (4) $40,596,000 for fiscal year 2011; (5) $44,655,000 for fiscal year 2012; (6) $49,121,000 for fiscal year 2013; and (7) $54,033,000 for fiscal year 2014. TITLE II--UNDERSEA RESEARCH PROGRAM SEC. 201. SHORT TITLE. This title may be cited as the ``National Undersea Research Program Act of 2007''. SEC. 202. AUTHORIZATION. The Administrator of the National Oceanic and Atmospheric Administration shall conduct an undersea research, exploration, education, and technology development program and shall designate a Director of that program. SEC. 203. PURPOSE. The purpose of the program authorized under section 202 is to increase scientific knowledge essential for the informed management, use, and preservation of oceanic, marine, coastal, and Great Lakes resources. The Director, in carrying out the program authorized in section 202, shall cooperate with institutions of higher education and other educational marine and ocean science organizations, and shall make available undersea research facilities, equipment, technologies, information, and expertise to support undersea research efforts by these organizations. The Director may also enter into partnerships, using existing authorities, with the private sector to achieve the goals of the program and to promote technological advancement of the marine industry. SEC. 204. PROGRAM. The program authorized under section 202 shall be conducted through a national headquarters, a network of extramural regional undersea research centers that represent all relevant National Oceanic and Atmospheric Administration regions, and the National Institute for Undersea Science and Technology. Overall direction of the program will be developed by the program director with a Council of Center Directors comprised of the directors of the extramural regional centers and the National Institute for Undersea Science and Technology. Draft program direction shall be published not later than 1 year after the date of enactment of this Act. The draft program direction shall be published in the Federal Register for a public comment period of not less than 120 days. Final program direction with Agency responses to the comments received shall be published in the Federal Register within 90 days after the close of the comment period. The program director shall update the program direction, with opportunity for public comment, at least every five years. SEC. 205. REGIONAL CENTERS AND INSTITUTE. (a) Programs.--The following research, exploration, education, and technology programs shall be conducted through the network of extramural regional centers and the National Institute for Undersea Science and Technology: (1) Core research and exploration based on national and regional undersea research priorities. (2) Advanced undersea technology development to support the National Oceanic and Atmospheric Administration's research mission and programs. (3) Development, testing, and transition of advanced undersea technology associated with ocean observatories, submersibles, advanced diving technologies, remotely operated vehicles, autonomous underwater vehicles, and new sampling and sensing technologies. (4) Undersea science-based education and outreach programs to enrich ocean science education and public awareness of the oceans and Great Lakes. (5) Discovery, study, and development of natural products from ocean and aquatic systems. (b) Operations.--Operation of the extramural regional centers and the National Institute for Undersea Science and Technology shall leverage partnerships and cooperative research with academia and private industry. SEC. 206. COMPETITION. (a) Discretionary Fund.--The program shall allocate no more than 10 percent of its annual budget to a discretionary fund that may be used only for program administration and priority undersea research projects identified by the Director but not covered by funding available from centers. (b) Competitive Selection.--The Administrator shall conduct an initial competition to select the regional centers that will participate in the program 90 days after the publication of the final program direction required in section 204 and every five years thereafter. Funding for projects conducted through the regional centers shall be awarded through a competitive, merit-reviewed process on the basis of their relevance to the goals of the program and their technical feasibility. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title-- (1) $17,500,000 for fiscal year 2008; (2) $19,500,000 for fiscal year 2009; (3) $21,500,000 for fiscal year 2010; (4) $23,500,000 for fiscal year 2011; (5) $25,500,000 for fiscal year 2012; (6) $27,500,000 for fiscal year 2013; and (7) $29,500,000 for fiscal year 2014. TITLE III--INTERAGENCY PLANNING AND COORDINATION SEC. 301. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND INFRASTRUCTURE TASK FORCE. (a) In General.--The Administrator of the National Oceanic and Atmospheric Administration, in coordination with the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the Department of the Navy, the Mineral Management Service, and relevant governmental, non- governmental, academic, industry, and other experts, shall convene an ocean exploration and undersea research technology and infrastructure task force to develop and implement a strategy-- (1) to facilitate transfer of new exploration and undersea research technology to the programs authorized under titles I and II of this Act; (2) to improve availability of communications infrastructure, including satellite capabilities, to such programs; (3) to develop an integrated, workable, and comprehensive data management information processing system that will make information on unique and significant features obtained by such programs available for research and management purposes; (4) to conduct public outreach activities that improve the public understanding of ocean science, resources, and processes, in conjunction with relevant programs of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other agencies; and (5) to encourage cost-sharing partnerships with governmental and nongovernmental entities that will assist in transferring exploration and undersea research technology and technical expertise to the programs. (b) Budget Coordination.--The task force shall coordinate the development of agency budgets and identify the items in their annual budget that support the activities identified in the strategy developed under subsection (a). Passed the House of Representatives February 14, 2008. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Title I: National Ocean Exploration Program - National Ocean Exploration Program Act - (Sec. 102) Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to conduct a coordinated national ocean exploration program in NOAA that promotes collaboration with other federal ocean and undersea research and exploration programs. (Sec. 103) Sets forth program authorities, including authorizing the Administrator to accept donations of property, data, and equipment to be applied for exploring the oceans or increasing knowledge of the oceans. (Sec. 104) Requires the NOAA Administrator to appoint an Ocean Exploration Advisory Board. (Sec. 105) Declares that nothing in this Act supersedes or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act. (Sec. 106) Authorizes appropriations. Title II: Undersea Research Program - National Undersea Research Program Act of 2007 - (Sec. 202) Requires the Administrator to conduct an undersea research, exploration, education, and technology development program to increase scientific knowledge regarding management, use, and preservation of oceanic, coastal, and Great Lakes resources. Requires the program's director to cooperate with institutions of higher education and other educational marine and ocean science organizations and to make available undersea research facilities, equipment, technologies, information, and expertise to support those organizations' undersea research. Authorizes the director to enter into partnerships with the private sector to achieve program goals and to promote marine industry technological advancement. (Sec. 204) Requires that the program be conducted through a national headquarters, a network of extramural regional undersea research centers representing all NOAA regions, and the National Institute for Undersea Science and Technology. (Sec. 205) Specifies the research, exploration, education, and technology programs to be conducted through the network of extramural regional centers and the National Institute for Undersea Science and Technology. (Sec. 206) Allows not more than ten percent of the program's budget to be used for administration and for priority undersea research projects not covered by funding available from centers. Requires a competition every five years to select the regional centers that will participate in the program. Requires projects supported by the regional centers to be awarded using an open and competitive process. (Sec. 207) Authorizes appropriations. Title III: Interagency Planning and Coordination - (Sec. 301) Requires the NOAA Administrator, and relevant governmental, non-governmental, academic, industry, and other experts, to convene an ocean exploration and undersea research technology and infrastructure task force. Requires that the task force coordinate the development of agency budgets."}
{"article": "SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Stop Sweatshops Act''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The production of garments in violation of minimum labor standards burdens commerce and the free flow of goods in commerce by spreading and perpetuating labor conditions that undermine minimum living standards and by providing an unfair means of competition to the detriment of employers who comply with the law. (2) The existence of working conditions detrimental to fair competition and the maintenance of minimum standards of living necessary for health, efficiency, and general well-being of workers are a continuing and growing problem in the domestic garment industry. (3) The Congress concurs in the findings of the Comptroller General that most sweatshop employers violate the recordkeeping requirements of the Fair Labor Standards Act of 1938 and that the failure of such employers to maintain adequate records has and continues to adversely affect the ability of the Department of Labor to collect wages due to workers. (4) The amendment of the Fair Labor Standards Act of 1938 to provide for legal responsibility on the part of manufacturers for compliance with such Act's wage and hour, child labor, and industrial homework provisions by contractors in the garment industry and to provide civil penalties for violations of that Act's recordkeeping requirements is necessary to promote fair competition and working conditions that are not detrimental to the maintenance of health, efficiency, and general well-being of workers in the garment industry. SEC. 3. LEGAL RESPONSIBILITY FOR COMPLIANCE WITH WAGE AND HOUR PROVISIONS IN THE GARMENT INDUSTRY. (a) Amendment.--The Fair Labor Standards Act of 1938 is amended by adding after section 14 the following: ``legal responsibility for compliance in the garment industry with sections 6 and 7 ``Sec. 14A. (a) Every manufacturer engaged in the garment industry who contracts to have garment manufacturing operations performed by another person as a contractor-- ``(1) shall be civilly liable, with respect to those garment manufacturing operations, to the same extent as the contractor for any violation by the contractor of section 6 (except for violations of subsection (d)) or 7, for any violation by the contractor of the provisions of section 11 regulating, restricting, or prohibiting industrial homework, and for violation by the contractor of section 12; and ``(2) shall be subject to the same civil penalties assessed against the contractor for violations of such sections. ``(b) For purposes of this section: ``(1) The term `garment industry' means the designing, cutting, sewing, dyeing, washing, finishing, assembling, pressing, or otherwise producing men's, women's, children's, or infants' apparel, including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for pre-manufactured items such as buttons, zippers, snaps, and studs, designed or intended to be worn by any individual which is to be sold or offered for sale. ``(2) The term `manufacturer' means any person who (A) contracts, directly or indirectly through an intermediary or otherwise, with a contractor to perform the cutting, sewing, dyeing, washing, finishing, assembling, pressing, or otherwise producing any men's, women's, children's, or infants' apparel, including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for pre-manufactured items such as buttons, zippers, snaps, and studs, designed or intended to be worn by any individual which is to be sold or offered for sale, including a retailer engaged in such activities, or (B) designs, cuts, sews, dyes, washes, finishes, assembles, presses, or otherwise produces or is responsible for the production of any men's, women's, children's, or infants' apparel, including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for pre-manufactured items such as buttons, zippers, snaps, and studs, designed or intended to be worn by any individual which is to be sold or offered for sale. ``(3) The term `contractor' means any person who contracts, directly or indirectly through an intermediary or otherwise, with a manufacturer to perform the cutting, sewing, dyeing, washing, finishing, assembling, pressing, or otherwise producing any men's, women's, children's, or infants' apparel, including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for pre-manufactured items such as buttons, zippers, snaps, and studs, designed or intended to be worn by any individual which is to be sold or offered for sale. ``(4) The term `retailer' means any person engaged in the sale of apparel to the ultimate consumer for personal use.''. (b) Liability to Employees.--Section 16 (29 U.S.C. 216) is amended-- (1) in subsection (b), by adding after the first sentence the following: ``A manufacturer in the garment industry (as defined in section 14A(b)(2)) shall also be jointly and severally liable to such an employee to the same extent as the contractor in the garment industry (as defined in section 14A(b)(3)) who employed such employee if the contractor violated section 6 (other than subsection (d)) or 7 in the production of apparel or components of apparel for such manufacturer.''; (2) in subsection (b), by inserting in the last sentence ``or by a manufacturer in the garment industry'' after ``by an employer''; and (3) in subsection (c)-- (A) by striking ``first sentence'' and inserting ``first or second sentences''; and (B) by inserting ``or by a manufacturer in the garment industry'' after ``liable''. SEC. 4. RECORDKEEPING. Section 16(e) (29 U.S.C. 216(e)) is amended by adding after the first sentence the following: ``Any person who fails to establish, maintain, and preserve payroll records as required under section 11(c) shall be subject to a civil penalty of not to exceed $1000 for each employee who was the subject of such a violation. The Secretary may, in the Secretary's discretion, compute civil penalties under this subsection for each pay period for willful violations. Any person who submits fraudulent payroll records to the agencies enforcing this Act in any of its investigations or hearings or as evidence in a court action, which records conceal the actual hours of labor worked by employees or the violation of section 6, 7, 11(d), or 12 shall be subject to a civil penalty of $10,000 per act of fraud and $15,000 per act of fraud for a second offense. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of 30 days from the date of its enactment.", "summary": "Stop Sweatshops Act - Amends the Fair Labor Standards Act of 1938 to make garment industry manufacturers civilly liable for sweatshop conditions maintained by their contractors. Sets forth civil penalties for violation of recordkeeping and payroll accounting requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Seabed Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) More than \\2/3\\ of Earth's surface is covered by oceans. (2) The oceans and marine waters contain a greater variety of forms of life than exists on land, and scientists are continually discovering new forms of life in previously unexplored, unique habitats. (3) The earth's human population is dependent upon the products of the oceans for income, nutrition, medicines, raw materials, and valuable natural services such as climate regulation, flood control, and storm surge protection. (4) The practice and technology of bottom trawling and use of other mobile fishing gear on the seabed has increased to the point that an area of seabed twice the size of the contiguous United States is affected by these practices each year. (5) These practices result in a loss of biological diversity, which is detrimental not only to the ocean environment itself but also to the industries and people that depend on that environment. (6) Little is known about the recoverability of the seabed from the effects of bottom trawling and use of other mobile fishing gear on the seabed. However, due to the slow rates of growth and reproduction of some marine species, it is believed that full recovery in some areas may take decades or centuries. SEC. 3. MORATORIUM. (a) In General.--Notwithstanding any provision of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), no person may engage in bottom trawling or use of other mobile fishing gear on the seabed in any marine area described in subsection (b), until-- (1) the National Marine Fisheries Service has completed a study and determined the effects of those practices in those areas; (2) the Secretary of Commerce has determined, based on findings of such a study and other pertinent scientific information, that the impacts of bottom trawling and such other mobile fishing gear on biodiversity, marine habitat, and productivity of fish stocks is negligible; and (3) the Secretary of Commerce has approved and implemented fishery management plans for those areas, that-- (A) are developed by the appropriate regional fishery management councils in accordance with that Act; (B) encourage the use of fishing gears that are less destructive of habitat than bottom trawling and other mobile fishing gear on the seabed; and (C) prohibit use of bottom trawling and other mobile fishing gear practices that threaten the continued sustainability of ecosystems in those areas. (b) Marine Areas Described.-- (1) In general.--The marine areas referred to in subsection (a) are the following: (A) The Heceta Banks, located off the coast of Oregon, 125 00' w-124 45' w/ 43 55' n-44 15' n. (B) Cordell Bank, located off the coast of central California, 123 20' w-123 38' w/ 37 55' n-30 05' n. (C) The Gulf of the Farallones outside of the line that is three miles from the coastline, located off the coast of California, 122 35' w-123 15''w/ 37 30' n-38 05' n. (D) Tanner and Cortez Banks, located off the coast of southern California, 119 00' w-119 25' w/ 32 50 n-32 20' n. (E) Punta Gorda, located off the coast of northern California, 124 23' w-124 50' w/ 4-20' n-40 10' n. (F) Cape Blanco, located off the coast of Oregon, 124 42' w-124 55' w/ 42 40' n-43 00n. (G) Florida Middle Grounds located in the Gulf of Mexico off the coast of Florida, 84 40'w-85 15' w/ 28 10'n-28 55n. (H) Dry Tortugas, located in the Gulf of Mexico off the coast of Florida, 82 40'2w-83 10'w/ 24 30'n 24 50'n. (I) Nantucket Shoals, located off the coast of Cape Cod, Massachusetts, 69 00'w-70 20'w/ 40 30'n-41 00'n. (J) Jeffrey's Ledge, Tillies Bank, and Stellwagon Bank, located in the Gulf of Maine, 69 50'w-70 30'w/42 08'n-43 15'n. (K) Cashes Ledge, located in the Gulf of Maine, 68 40'w-69 15'w/42 30'n-43 15'n. (L) Stonewall Bank of the central Oregon coast, 124 20'w-124 28'w/44 27'n-44 39'n. (M) Rogue River Reef off the southern Oregon coast, 124 35'w-124 50'w/42 25'n-42 35'n. (2) Further description by secretary.--For purposes of this Act, the Secretary of Commerce may more particularly describe the areas listed in paragraph (1). (c) Report.--The Secretary of Commerce shall report annually to the Committee on Resources of the House of Representatives and the Committee on Commerce of the Senate regarding the recovery of areas described in subsection (b) from the effects of bottom trawling and use of other mobile fishing gear on the seabed. (d) Limitation on Application.--Subsection (a) shall not apply to an area after the date the Secretary publishes a finding that there are in effect, under State law or a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), measures that are at least as effective as subsection (a) in maintaining the sustainability of ecosystems in that area. (e) Definitions.--In this section: (1) Negligible.--The term ``negligible'' means-- (A) insufficient to diminish the productivity of fish stocks; and (B) insufficient to significantly reduce other marine life. (2) Sustainability of ecosystems.--The term ``sustainability of ecosystems'' means the capability of ecosystems to-- (A) maintain productivity of fish stocks at maximum sustainable yield specified for those fish stocks in fishery management plans in effect under the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); and (B) maintain types and abundances of other marine species normally found within similar areas that are not subject to bottom trawling and other mobile fishing gear practices.", "summary": "Seabed Protection Act - Prohibits any person from engaging in bottom trawling or use of other mobile fishing gear on the seabed in specified marine areas until: (1) the National Marine Fisheries Service has completed a study and determined the effects of those practices; (2) the Secretary of Commerce has determined that the impacts of bottom trawling and such other mobile fishing gear on biodiversity, marine habitat, and productivity of fish stocks is negligible; and (3) the Secretary has approved and implemented fishery management plans that are developed by the appropriate regional fishery management councils, that encourage the use of fishing gears that are less destructive of habitat than bottom trawling and other mobile fishing gear, and that prohibit use of bottom trawling and other mobile fishing gear practices that threaten the continued sustainability of ecosystems.Directs the Secretary to report annually to specified congressional committees regarding the recovery of such marine areas from the effects of bottom trawling and use of other mobile fishing gear on the seabed.Provides that such prohibition shall not apply to an area after the Secretary publishes a finding that there are in effect, under State law or a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act measures that are at least as effective as those required under this Act in maintaining the sustainability of ecosystems in that area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy America Commission Act of 2003''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Healthy America Commission'' (in this Act referred to as the ``Commission'') . SEC. 3. DUTIES OF COMMISSION. The Commission shall conduct a study and, under section 6(b), submit a report on the following: (1) The total predicted societal costs of preventable diseases in the United States, disagreggated by the incidence and societal costs of each such disease. (2) The Federal Government's share of paying for the total predicted societal costs of preventable diseases in the United States during, at a minimum, the next 20 years. (3) The impact of preventable disease on society relative to the quality and affordability of health care. (4) The estimated costs and likely long-term savings resulting from a long-term disease prevention program, taking into consideration a series of scenarios regarding the program's scope and effectiveness. (5) Economic and other incentives throughout society for encouraging behavioral changes and personal responsibility. (6) Cost-benefit ratios for a broad series of disease prevention initiatives, including how far-reaching each initiative would be. (7) Target goals against which the Nation's progress under a long-term disease prevention program may be measured based on biannual achievement evaluations. (8) Procedures for monitoring the Nation's progress under a long-term disease prevention program and changes that may need to be made as the program proceeds. (9) Whether a series of pilot demonstration programs of various intensities should be undertaken before initiating a full-scale, comprehensive long-term disease prevention program for the Nation. (10) The efficiency of existing disease prevention programs and any corresponding need for expanded efforts. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members, appointed by the President in consultation with the Speaker and the minority leader of the House of Representatives and the majority leader and the minority leader of the Senate. (b) Terms.--Each member of the Commission shall serve for the life of the Commission. (c) Vacancies.--Any vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (d) Pay.--Each member of the Commission shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (e) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The President shall designate the Chairperson of the Commission from among the 11 members of the Commission. (g) Experts and Consultants.--The Commission may procure temporary and intermittent services, which may include the services of the Rand Corporation, under section 3109(b) of title 5, United States Code. (h) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. SEC. 5. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (d) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Gifts, Bequests, and Devises.--To the extent or in the amounts provided in advance in appropriations Acts, the Commission may accept, use, and dispose of gifts, bequests, and devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. SEC. 6. REPORTS. (a) Interim Report.--Not later than 12 months after the date of the enactment of this Act, the Commission shall submit to the Congress, the President, and the Secretary of Health and Human Services an interim report that contains such information as the Commission considers appropriate. (b) Final Report.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit a final report to the Congress, the President, and the Secretary of Health and Human Services that contains a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative action as the Commission considers appropriate. SEC. 7. TERMINATION. The Commission shall terminate 90 days after submitting its final report under section 6(b). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $7,000,000 for the period of fiscal years 2005 through 2007.", "summary": "Healthy America Commission Act of 2003 - Establishes the Healthy America Commission to study and report on the societal costs of preventable disease, including: (1) costs to the Federal government and health care system; (2) incentives for behavioral change; and (3) a cost-benefit analysis for a broad series of disease prevention initiatives."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Up Earmarks Act of 2010'' or the ``CUE Act of 2010''. SEC. 2. GAO AUDIT OF SENATE EARMARKS. (a) In General.--Not later than March 31 of each year, the Comptroller General shall submit an audit to Congress of 5 percent of Senate earmarks for the current fiscal year chosen at random. (b) Details.--The audit required by subsection (a) shall include-- (1) an adequate amount of earmarks of small and large programs; (2) 50 percent of earmarks that have been requested by at least one Democratic Senator and 50 percent requested by at least one Republican Senator; and (3) 50 percent of earmarks requested by members of the Senate Committee on Appropriations and 50 percent requested by Senators not on the Senate Committee on Appropriations. SEC. 3. STRENGTHENING POINT OF ORDER AGAINST AIRDROPPED ITEMS IN CONFERENCE REPORTS. Subparagraphs (c) and (d) of paragraph 8 of rule XLIV of the Standing rules of the Senate are amended by striking ``three-fifths'' and inserting ``two-thirds''. SEC. 4. IMPROVING EARMARKS WEB SITE. The Secretary of the Senate and the Clerk of the House of Representatives shall take such steps as are necessary to improve the Web site earmarks.gov to-- (1) make earmarks more easily searchable by the requesting member of Congress and by any federally registered lobbyist who requested such earmark; and (2) ensure that the Web site is user friendly and does not include extraneous information. SEC. 5. HEARINGS ON EARMARKS. It is the sense of the Senate that-- (1) the subcommittees of the Committee on Appropriations should hold hearings on earmark requests in excess of $1,000,000, during which Members who request said earmarks should be invited to testify; and (2) the subcommittees of the Committee on Appropriations shall hold hearings on earmark requests in excess of $5,000,000, during which Members who request said earmarks shall be invited to testify. SEC. 6. INCREASED EARMARK TRANSPARENCY AND PROHIBITING EARMARKS TO PRIVATE FOR-PROFIT ENTITIES. Rule XLIV of the Standing Rules of the Senate is amended by adding at the end thereof the following: ``13.(a) All congressionally directed spending items shall be included in the text of an appropriations or authorization bill and any conference report related to that appropriations or authorization bill. ``(b) Not later than 48 hours after the request, each request for a congressionally directed spending item for an appropriations or authorization bill made by a Senator shall be posted on the Senator's Web site. The posting of the request for a congressionally directed spending item shall include the name and location of the specifically intended recipient, the purpose of the congressionally directed spending item, the name of any federally registered lobbyist who materially participated in requesting that the earmark submission be made by that Senator, and the dollar amount requested. If there is no specifically intended recipient, the posting shall include the intended location of the activity, the purpose of the congressionally directed spending item, and the dollar amount requested. ``(c) It shall not be in order to consider an appropriations or authorization bill, amendment, or conference report if it contains a congressionally directed spending item for a private for-profit entity.''. SEC. 7. DISCLOSURE BY NON-PROFITS OF PRIVATE FOR-PROFIT EARMARK BENEFICIARIES. Each Senator shall-- (1) require any eligible entity that requests an earmark submission from that Senator to include a written disclosure in that earmark request of the identity of any for profit, private company that might directly benefit financially from the award of the earmark; and (2) submit the identity of the beneficiary disclosed under paragraph (1) in writing to the Senate Committee on Appropriations with any corresponding earmarks request made by the Senator and include the beneficiary disclosure in the disclosure of earmarks required to be posted on the Web site of the Senator by paragraph 13 of rule XLIV of the Standing Rules of the Senate. SEC. 8. AMENDMENT TO THE LOBBYING DISCLOSURE ACT OF 1995 REQUIRING REPORTING INFORMATION ON THE EMPLOYER OF A LOBBYIST. Section 5(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is amended-- (1) in paragraph (4), by striking the ``and'' after the semicolon; (2) in paragraph (5), by striking the period and inserting ``; and''; and (3) by inserting at the end the following: ``(6) for each client, the amount of congressional earmarks requested from Congress on behalf of the client and a detailed accounting of each such earmark.''.", "summary": "Clean Up Earmarks Act of 2010 or CUE Act of 2010 - Requires the Comptroller General to submit an audit to Congress of 5% of Senate earmarks for the current fiscal year chosen at random. Requires the audit to include: (1) an adequate number of earmarks of small and large programs; (2) 50% of earmarks that have been requested by at least one Democratic Senator and one Republican Senator, respectively; and (3) 50% of earmarks requested by members and 50% of those requested by non-members, respectively, of the Senate Committee on Appropriations. Amends Rule XLIV (Congressional Directed Spending and Related Items) of the Standing Rules of the Senate to require an affirmative vote of two-thirds (currently, three-fifths [60]) of the Members of the Senate to: (1) authorize a Senator to move to waive any or all points of order with respect to a pending conference report that constitutes new directed spending provisions; and (2) sustain an appeal of the ruling of the Chair regarding such point of order. Requires the Secretary of the Senate and the Clerk of the House of Representatives to take necessary steps to improve the website earmarks.gov to: (1) make earmarks more easily searchable by the requesting Member of Congress and by any federally registered lobbyist who requested them; and (2) ensure that the website is user friendly and does not include extraneous information. Expresses the sense of the Senate that the subcommittees of the Committee should hold separate hearings on earmark requests in excess of $1 million and of $5 million, respectively, during which Members who requested them should be invited to testify. Amends Rule XLIV to require all congressionally directed spending items to be included in the text of an appropriations or authorization bill and any related conference report. Requires each request by a Senator for a congressionally directed spending item for such a bill to be posted on the Senator's website within 48 hours, including specified related information. Makes it out of order to consider an appropriations or authorization bill, amendment, or conference report if it contains a congressionally directed spending item for a private for-profit entity. Requires a Senator to: (1) require any eligible entity that requests an earmark submission from the Senator to include a written disclosure in that earmark request of the identity of any for-profit, private company that might directly benefit financially from the award of the earmark; and (2) submit the disclosed beneficiary identity in writing to the Committee with any corresponding earmarks request made by the Senator, and include the beneficiary disclosure in the disclosure of earmarks required to be posted on the Senator's website. Amends the Lobbying Disclosure Act of 1995 to require reports by registered lobbyists to include, for each client, the amount of congressional earmarks requested from Congress on the client's behalf and a detailed accounting of each such earmark."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Balanced Economic and Environmental Priorities Act of 1994''. SEC. 2. ECONOMIC IMPACT ANALYSES. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: ``(j) Economic Impact Analysis.--(1)(A) Notwithstanding any other provision of this Act, an officer or employee of a Federal agency shall not implement or enforce a designation, regulation, or recovery plan described in subparagraph (B) unless-- ``(i) the Secretary has prepared an economic impact analysis under this subsection with respect to the designation, regulation, or recovery plan; ``(ii) the Secretary determines, based on that analysis, that the benefits of that designation, regulation, or recovery plan outweigh the costs of that act; and ``(iii) the Secretary has published an economic impact statement describing the findings of that analysis. ``(B) The designation, regulations, and recovery plans referred to in subparagraph (A) are the following: ``(i) A designation of critical habitat under subsection (a)(2). ``(ii) A protective regulation issued under subsection (d). ``(iii) A recovery plan developed under subsection (f). ``(2)(A) The Secretary shall perform an economic impact analysis in accordance with this paragraph with respect to each designation, regulation, and recovery plan described in paragraph (1)(B). ``(B) An economic impact analysis under this paragraph shall include determination of the following: ``(i) The economic consequences of implementing and enforcing the designation, regulation, or recovery plan, including the aggregate statistical data which indicates-- ``(I) identifiable and potential job losses or diminishments resulting from that implementation and enforcement, ``(II) identifiable losses or diminishments in the value of real property resulting from that implementation and enforcement, and ``(III) losses or diminishments in the value of business enterprises resulting from that implementation and enforcement. ``(ii) The effect that implementing and enforcing the designation, regulation, or recovery plan will have on tax revenues received by the Federal Government or by State and local governments, including any revenue losses attributable to losses or diminishments in value described in clause (i). ``(iii) The effect that implementing and enforcing the designation, regulation, or recovery plan will have on outlays by Federal, State, and local governments, including-- ``(I) effects on payments made pursuant to subsection (l), and ``(II) effects on expenditures required for unemployment compensation, aid to families with dependent children under part A of title IV of the Social Security Act, medicaid under title XIX of the Social Security Act, and other Federal, State, and local government programs. ``(iv) The effect that implementing and enforcing the designation, regulation, or recovery plan will have on the competitive position of any individual business enterprise or aggregate industry affected by that action, determined jointly with the Secretary of Commerce. ``(v) The ecological and economic impacts of the extinction of any species that implementation and enforcement is intended to prevent. ``(vi) Any other potential economic, budgetary, or ecological effects that the Secretary considers appropriate. ``(3) The Secretary shall determine, based on the analysis performed under paragraph (2), whether the costs of implementing and enforcing a designation, regulation, or recovery plan described in paragraph (1)(B) outweigh the benefits of that implementation and enforcement.''. SEC. 3. LIMITATION OF ECONOMIC LOSSES CAUSED BY LISTING SPECIES AS ENDANGERED SPECIES OR THREATENED SPECIES; COMPENSATION. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), as amended by section 2, is amended by adding at the end the following: ``(k) Limitation of Losses Caused by Listing Species as Endangered Species or Threatened Species.--In implementing this Act with respect to an endangered species or threatened species included in a list published under subsection (c), the Secretary shall limit economic losses incurred by persons as a result of that implementation. ``(l) Compensation for Losses and Diminishments in Value.--(1) The Secretary shall pay to any person who incurs an economic loss as a result of a species being included in a list of endangered species or threatened species published under this section the amount of that loss, including-- ``(A) any diminishment in the value of tangible or intangible property, and ``(B) any loss resulting from the loss or diminishment of a job. ``(2) The Secretary shall issue regulations establishing procedures for obtaining payments under this subsection. ``(3) A person may not recover any amount under this subsection for any de minimis or wholly speculative loss. ``(4) Any denial by the Secretary of an application for payment under this subsection may be appealed in the appropriate Federal district court of the United States, including any determination by the Secretary that a person is ineligible for payment by reason of paragraph (3). ``(5) A person (including any State or local governmental entity) may intervene in any proceeding under this subsection for the purpose of assisting the Secretary in issuing payments under this subsection.''. SEC. 4. CONGRESSIONAL APPROVAL REQUIRED FOR ADDITIONS TO ENDANGERED SPECIES LIST. (a) Approval Requirement.--Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)) is amended by adding at the end the following: ``(3) Congressional approval required.--An addition of a species to the list of threatened or endangered species that is maintained under this subsection shall not be effective before the date of the enactment of an Act of Congress that approves that addition.''. (b) Application.--The amendment made by subsection (a) shall apply to additions after the date of the enactment of this Act to the list of threatened or endangered species. SEC. 5. IMPLEMENTATION. (a) Effective Date.--The amendments made by sections 2 and 3 shall be effective January 1, 1986. (b) Review of Prior Listings.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall-- (1) review each addition on or after January 1, 1986, of a species to a list of endangered species or threatened species published under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); (2) prepare with respect to each species so added an economic impact analysis and economic impact statement in accordance with the amendments made by this Act; and (3) publish a list of all designations of critical habitat, regulations, and recovery plans in effect on the date of that publication, the implementation and enforcement of which is prohibited by the amendments made by this Act. (c) Compensation for Losses.--A person may not be paid under section 4(l) of the Endangered Species Act of 1973, as amended by this Act, for any loss incurred as a result of a species being added to a list of endangered species or threatened species published under that Act during the period beginning January 1, 1986, and ending on the date of the enactment of this Act, except for losses incurred as a result of the implementation or enforcement of designations of critical habitat, regulations, and recovery plans that are not included in the list published under subsection (b)(3) of this Act.", "summary": "Balanced Economic and Environmental Priorities Act of 1994 - Amends the Endangered Species Act of 1973 to prohibit a Federal officer or employee from implementing or enforcing a designation of critical habitat, an issued protective regulation, or a developed recovery plan under such Act unless the Secretary (either the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested): (1) prepares an economic impact analysis with respect to such designation, regulation, or recovery plan; (2) determines that the benefits of it outweigh the costs of it; and (3) publishes an economic impact statement describing the findings of the analysis. Establishes guidelines for such economic impact analysis. Directs the Secretary to: (1) limit economic losses incurred by persons caused by listing species as endangered or threatened; and (2) compensate such persons for any diminishments in the value of tangible or intangible property, and in the loss or diminishment of a job. Requires congressional approval of any additions to the endangered species list. Directs the Secretary of the Interior to: (1) review endangered or threatened species added on or after such date to a published list of endangered or threatened species under the Endangered Species Act of 1973; (2) prepare an economic impact analysis and statement with respect to them; and (3) publish a list of all designations of critical habitat, regulations, and recovery plans in effect on the date of that publication (the implementation and enforcement of which is prohibited by the amendments made by this Act). Prohibits a person from being paid for any loss incurred by species being added to a list of endangered species or threatened species published under the Endangered Species Act of 1973 during the period beginning January 1, 1986, and ending on the enactment of this Act, except for losses resulting from the implementation or enforcement of designations of critical habitat, regulations, and recovery plans that are not included in the list published under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing the Cities Act of 2017''. SEC. 2. SECURING THE CITIES PROGRAM. (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 591 et seq.) is amended by adding at the end the following new section: ``SEC. 1908. SECURING THE CITIES PROGRAM. ``(a) Establishment.--The Director for Domestic Nuclear Detection shall establish the `Securing the Cities' (`STC') program to enhance the ability of the United States to detect and prevent terrorist attacks and other high consequence events utilizing nuclear or other radiological materials that pose a high risk to homeland security in high-risk urban areas. Through the STC program the Director shall-- ``(1) assist State, local, tribal, and territorial governments in designing and implementing, or enhancing existing, architectures for coordinated and integrated detection and interdiction of nuclear or other radiological materials that are out of regulatory control; ``(2) support the development of a region-wide operating capability to detect and report on nuclear and other radioactive materials out of regulatory control; ``(3) provide resources to enhance detection, analysis, communication, and coordination to better integrate State, local, tribal, and territorial assets into Federal operations; ``(4) facilitate alarm adjudication and provide subject matter expertise and technical assistance on concepts of operations, training, exercises, and alarm response protocols; ``(5) communicate with, and promote sharing of information about the presence or detection of nuclear or other radiological materials among appropriate Federal, State, local, tribal, and territorial governments, in a manner that ensures transparency with the jurisdictions served by such program; ``(6) provide augmenting resources, as appropriate, enabling State, local, tribal, and territorial governments to sustain and refresh their capabilities developed under the STC program; and ``(7) provide any other assistance the Director determines appropriate. ``(b) Designation of Jurisdictions.--In carrying out the program under subsection (a), the Director shall designate jurisdictions from among high-risk urban areas under section 2003, and other cities and regions, as appropriate. ``(c) Congressional Notification.--The Director shall notify the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate not later than three days before the designation of new jurisdictions under subsection (b) or other changes to participating jurisdictions.''. (b) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate an assessment, including an evaluation of the effectiveness, of the Securing the Cities program under section 1908 of the Homeland Security Act of 2002, as added by subsection (a) of this section. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 1907 the following new item: ``Sec. 1908. Securing the Cities program.''. SEC. 3. MODEL EXERCISES. Not later than 120 days after the date of the enactment of this Act, the Director for Domestic Nuclear Detection of the Department of Homeland Security shall report to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate on the feasibility of the Director developing model exercises to test the preparedness of jurisdictions participating in the Securing the Cities program under section 1908 of the Homeland Security Act of 2002 (as added by section 2 of this Act) in meeting the challenges that may be posed by a range of nuclear and radiological threats. SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives January 31, 2017. Attest: KAREN L. HAAS, Clerk.", "summary": ". Securing the Cities Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Domestic Nuclear Detection Office (DNDO) to establish the Securing the Cities program to enhance the ability of the United States to detect and prevent terrorist attacks and other high consequence events utilizing nuclear or other radiological materials that pose a high risk to homeland security in high-risk urban areas. Under such program, the DNDO shall: assist state, local, tribal, and territorial governments in designing and implementing, or enhancing existing, architectures for coordinated and integrated detection and interdiction of nuclear or other radiological materials that are out of regulatory control; support the development of a region-wide operating capability to detect and report on nuclear and other radioactive materials out of regulatory control; provide resources to enhance detection, analysis, communication, and coordination to better integrate state, local, tribal, and territorial assets into federal operations; facilitate alarm adjudication and provide subject matter expertise and technical assistance on concepts of operations, training, exercises, and alarm response protocols; communicate with, and promote sharing of information about the presence or detection of nuclear or other radiological materials among, appropriate federal, state, local, tribal, and territorial governments in a manner that ensures transparency; provide augmenting resources to enable state, local, tribal, and territorial governments to sustain and refresh their capabilities developed under the program; and designate participating jurisdictions from among high-risk urban areas and other cities and regions, as appropriate, and notify Congress at least three days before designating or changing such jurisdictions. The Comptroller General is required to submit an assessment evaluating the effectiveness of the program. (Sec. 3) The DNDO shall report to Congress on the feasibility of developing model exercises to test the preparedness of jurisdictions participating in the program in meeting the challenges that may be posed by a range of nuclear and radiological threats."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Security Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) The terrorist attacks of September 11, 2001, resulted in unprecedented death and destruction, and 2 of the worst building disasters in human history; (2) the war on terror is ongoing, and threats to American targets, such as large buildings in the United States, are substantial; (3) there are approximately 500 skyscrapers in the United States that are regularly occupied by at least 5000 people, in addition to millions of smaller buildings that see high levels of traffic; (4) most buildings have not been built to the standard needed to meet extreme threats, necessitating technological improvements in every aspect of construction, including structural elements, fireproofing, and facade integrity; (5) to advance homeland security, the Federal Government is obligated to ensure that building and construction standards are as high as practicable, and that building owners have the resources needed to meet these standards; (6) the Federal Government, in its efforts to protect the American people, is responsible for promoting research and development by the public and private sectors that will provide the technical basis for improved building and fire codes, standards, practices, and materials; (7) the National Institute of Standards and Technology is in a unique position to work with the appropriate standards- developing organizations to help the United States respond to these new challenges, due to-- (A) the building and fire expertise in its laboratories and quality program; (B) its long history of working cooperatively with the construction and standards industries; (C) its strong influence on national standards; and (D) its involvement in the assessment of the World Trade Center collapse; (8) efforts to pursue innovation and provide practical guidance and tools to building owners, designers, and contractors are necessary to ensure that new materials and practices are widely accepted and used; (9) it is in the national interest for the National Institute of Standards and Technology to-- (A) accelerate its efforts in helping industry develop the higher building and construction standards that are necessary to heighten the safety of all Americans; and (B) identify the most effective ways to ensure that these new standards are implemented in both existing and new structures; (10) as of January 2003, 2,000,000 private security officers throughout the Nation are responsible for ensuring the security of building occupants and must be able to effectively respond to evacuations, crime, terrorist threats, emergencies, and accidents; (11) many of these private security officers are not adequately prepared to best assist uniformed services, building tenants, workers, and the public in the event of a natural disaster or terrorism; (12) the job turnover rate within the private security industry is as high as 300 percent per year; (13) a recent study found that more than \\1/2\\ of the States are-- (A) failing to set standards for the training and screening of private security officers; and (B) not providing adequate oversight of the private security industry; (14) without proper guidelines and standards, the private security industry cannot adequately provide the security necessary in the current global environment; (15) the Federal Government, in its efforts to protect the American people, is responsible for enabling a proper review of the private security industry and developing a means of ensuring the industry's improvement; and (16) it is in the national interest for the Department of Homeland Security to create a private security review task force, comprised of industry, union, government, and law enforcement leaders, to help establish strong guidelines and incentives for States, and to provide the needed structure for training and workforce stability. SEC. 3. HOMELAND SECURITY BUILDING AND FIRE RESEARCH AND DEVELOPMENT PROGRAM. (a) Establishment.-- (1) In general.--The Director of the National Institute of Standards and Technology (referred to in this section as the ``Director'') shall establish a research and development program to-- (A) provide the measurements and analysis for improved building and fire codes, standards, and practices; and (B) generate findings and recommendations that can be used to develop improved building and fire codes, and higher construction standards in the United States. (2) Consultation.--In carrying out this section, the Director shall-- (A) consult, as appropriate, with the various units of the National Institute of Standards and Technology (referred to in this section as the ``Institute''), including the Building and Fire Research Laboratory; (B) build upon ongoing efforts of the Institute and of the private sector; and (C) involve consortia that include government and industry. (b) Research Activities.-- (1) Scientific research.--The Director shall work with industry, trade associations, professional societies, and others to conduct experimentation, analysis, testing, verification, and demonstration of improved tools and practices that identify-- (A) improved construction methods and materials relevant to structural fire safety; (B) mitigation of progressive collapse; (C) building and ventilation vulnerability reduction tools; (D) equipment standards for first responders; and (E) other ways to reduce the impact of extreme threats to the safety of buildings, their occupants, and emergency responders. (2) Policy research.--The Director shall work with industry, trade associations, professional societies, and others to complete a study of the best methods to ensure full implementation and encourage full compliance with the standards developed in paragraph (1), including-- (A) tax incentives; (B) grants to States that adopt those standards; and (C) other appropriate means. (c) Dissemination and Technical Assistance Program.--The Director shall oversee a dissemination and technical assistance program (referred to in this section as the ``DTAP'') to assist with the immediate dissemination and implementation of the practices, standards, and codes developed by the Institute under subsection (b)(1). (d) Publication of Studies.--The Director shall ensure that the results and recommendations of the Institute under subsection (b) are promptly published for use by the public and private sectors. (e) Reports.-- (1) Initial report.--Not later than 60 days after the date of enactment of this Act, the Director shall submit, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives, a report detailing the Institute's proposed schedule of studies and results, with anticipated dates of implementation. (2) Annual progress reports.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director shall submit a progress report to the committees described under paragraph (1), which summarizes the Institute's activities and determinations under subsection (b). (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, the following sums: (1) $13,000,000 for fiscal year 2004. (2) $9,000,000 for fiscal year 2005. (3) $9,000,000 for fiscal year 2006. (4) $9,000,000 for fiscal year 2007. SEC. 4. PRIVATE SECURITY INDUSTRY TASK FORCE. (a) Establishment.--The Secretary of the Department of Homeland Security (referred to in this section as the ``Secretary'') shall establish a Private Security Industry Task Force (referred to in this section as the ``Task Force'') to-- (1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry; (2) develop structural guidelines and standards of quality for the private security industry; and (3) determine the best way to help States to implement such standards and guidelines in a timely and efficient manner. (b) Membership.--The Task Force shall be composed of 25 members, including members representing-- (1) private security employers; (2) private security employees; (3) the private insurance industry; (4) the risk consulting industry; (5) institutional investors; (6) public safety and emergency management professionals; (7) building owners and managers; (8) commercial building tenants; (9) trainers of private security officers; (10) police officers; (11) firefighters; (12) the Office of Employment and Training Administration of the Department of Labor; (13) the Office of Justice Programs of the Department of Justice; (14) the Department of Homeland Security; and (15) State agencies involved in homeland security from different regions of the United States. (c) Chair.-- (1) Appointment.--The Secretary shall appoint a Chair for the Task Force from within the Department of Homeland Security. (2) Responsibilities.--The Chair shall oversee all meetings of, and communications from, the Task Force. (d) Authorized Activities.--In carrying out the provisions of this Act, the Chair and other members of the Task Force may conduct research and coordinate and consult with industry, trade associations, professional societies, and institutions of higher learning, and other appropriate organizations to-- (1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry; (2) develop structural guidelines and standards of quality for the private security industry; and (3) determine the best way to help States to implement such standards and guidelines in a timely and efficient manner. (e) Semi-Annual Reports.--Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Chair shall submit a report on the Task Force's activities and determinations under subsection (c)(2) to-- (1) the Committee on Health, Education, Labor, and Pensions of the Senate; (2) the Committee on the Judiciary of the Senate; (3) the Committee on Education and the Workforce of the House of Representatives; and (4) the Committee on the Judiciary of the House of Representatives. (f) Authorization of Appropriations.--There are authorized to be appropriated $500,000 for each of the fiscal years 2004 and 2005 to carry out this section.", "summary": "Building Security Act of 2003 - Requires the Director of the National Institute of Standards and Technology to establish a research and development program to provide for improved building and fire codes, standards, and practices. Requires the Director to: (1) work with industry, trade associations, and professional societies to research construction, material, and equipment standards and practices to reduce the impact of extreme threats to the safety of buildings, their occupants, and emergency responders and to study the best methods (such as tax incentives or grants) for ensuring full implementation of and compliance with such standards and practices; and (2) oversee a program for dissemination and implementation of such practices and standards.Directs the Secretary of Homeland Security to establish a Private Security Industry Task Force to: (1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry; and (2) develop structural guidelines and standards of quality for the industry and determine the best way to help States implement them."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Aviation Improvement Act''. SEC. 2. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION PROGRAM. (a) In General.--Subchapter II of chapter 417 of title 49, United States Code, is amended by striking section 41747, and such title 49 shall be applied as if such section 41747 had not been enacted. (b) Clerical Amendment.--The analysis for chapter 417 of title 49, United States Code, is amended by striking the item relating to section 41747. SEC. 3. PER PASSENGER SUBSIDY FOR ESSENTIAL AIR SERVICE. (a) In General.--Section 41742 of title 49, United States Code, is amended by adding at the end the following: ``(c) Per Passenger Subsidy Cap.-- ``(1) In general.--The Secretary of Transportation may not provide compensation to an air carrier to provide air transportation under this subchapter to an otherwise eligible place in the 48 contiguous States if the eligible place-- ``(A) is located fewer than 70 highway miles from the nearest large or medium hub airport; or ``(B) is fewer than 210 miles from the nearest large or medium hub airport and requires a per passenger subsidy in excess of the dollar amount described in paragraph (2). ``(2) Dollar amount of per passenger subsidy.-- ``(A) In general.--The dollar amount described in this paragraph is-- ``(i) for calendar year 2008, $200; and ``(ii) for each calendar year after calendar year 2008, $200 increased by an amount equal to-- ``(I) $200, multiplied by ``(II) the percentage (if any) by which the CPI for the preceding calendar year exceeds the CPI for calendar year 2007. ``(B) Rounding.--Any increase under subparagraph (A)(ii) shall be rounded to the nearest dollar. ``(3) Definitions.--In this subsection: ``(A) CPI for the preceding calendar year.--The term `CPI for the preceding calendar year' means the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. ``(B) Consumer price index.--The term `Consumer Price Index' means the last Consumer Price Index for all-urban consumers published by the Department of Labor.''. (b) Per Passenger Subsidy Defined.--Section 41731(a) of title 49, United States Code, is amended by adding at the end the following: ``(3) `per passenger subsidy' means-- ``(A) the total compensation provided by the Secretary of Transportation to an air carrier under this subchapter that is necessary for the air carrier to provide air transportation to an eligible place, divided by ``(B) the total number of passengers using such air transportation.''. (c) Conforming Repeal.--Section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106-69; 49 U.S.C. 41731 note) is repealed. SEC. 4. COMMUNITIES ABOVE PER PASSENGER SUBSIDY CAP. (a) In General.--Subchapter II of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41749. Essential air service for eligible places above per passenger subsidy cap ``(a) Proposals.--A State or local government may submit a proposal to the Secretary of Transportation for compensation for an air carrier to provide air transportation to a place described in subsection (b). ``(b) Place Described.--A place described in this subsection is a place-- ``(1) that is otherwise an eligible place; and ``(2) for which the per passenger subsidy exceeds the dollar amount allowable under section 41742(c). ``(c) Decisions.--Not later than 90 days after receiving a proposal under subsection (a) for compensation for an air carrier to provide air transportation to a place described in subsection (b), the Secretary shall-- ``(1) decide whether to provide compensation for the air carrier to provide air transportation to the place; and ``(2) approve the proposal if the State or local government or a person is willing and able to pay the difference between-- ``(A) the per passenger subsidy; and ``(B) the dollar amount allowable for such subsidy under section 41742(c). ``(d) Compensation Payments.-- ``(1) In general.--The Secretary shall pay compensation under this section at such time and in such manner as the Secretary determines is appropriate. ``(2) Duration of payments.--The Secretary shall continue to pay compensation under this section only as long as-- ``(A) the State or local government or person agreeing to pay compensation under subsection (c)(2) continues to pay such compensation; and ``(B) the Secretary decides the compensation is necessary to maintain air transportation to the place. ``(e) Review.-- ``(1) In general.--The Secretary shall periodically review the type and level of air service provided under this section. ``(2) Consultation.--The Secretary may make appropriate adjustments in the type and level of air service to a place under this section based on the review under paragraph (1) and consultation with the affected community and the State or local government or person agreeing to pay compensation under subsection (c)(2). ``(f) Ending, Suspending, and Reducing Air Transportation.--An air carrier providing air transportation to a place under this section may end, suspend, or reduce such air transportation if, not later than 30 days before ending, suspending, or reducing such air transportation, the air carrier provides notice of the intent of the air carrier to end, suspend, or reduce such air transportation to-- ``(1) the Secretary; ``(2) the affected community; and ``(3) the State or local government or person agreeing to pay compensation under subsection (c)(2).''. (b) Clerical Amendment.--The analysis for chapter 417 of title 49, United States Code, is amended by adding after the item relating to section 41748 the following new item: ``41749. Essential air service for eligible places above per passenger subsidy cap.''. SEC. 5. PREFERRED ESSENTIAL AIR SERVICE. (a) In General.--Subchapter II of chapter 417 of title 49, United States Code, as amended by section 4, is further amended by adding after section 41749 the following: ``Sec. 41750. Preferred essential air service ``(a) Proposals.--A State or local government may submit a proposal to the Secretary of Transportation for compensation for a preferred air carrier described in subsection (b) to provide air transportation to an eligible place. ``(b) Preferred Air Carrier Described.--A preferred air carrier described in this subsection is an air carrier that-- ``(1) submits an application under section 41733(c) to provide air transportation to an eligible place; ``(2) is not the air carrier that submits the lowest cost bid to provide air transportation to the eligible place; and ``(3) is an air carrier that the affected community prefers to provide air transportation to the eligible place instead of the air carrier that submits the lowest cost bid. ``(c) Decisions.--Not later than 90 days after receiving a proposal under subsection (a) for compensation for a preferred air carrier described in subsection (b) to provide air transportation to an eligible place, the Secretary shall-- ``(1) decide whether to provide compensation for the preferred air carrier to provide air transportation to the eligible place; and ``(2) approve the proposal if the State or local government or a person is willing and able to pay the difference between-- ``(A) the rate of compensation the Secretary would provide to the air carrier that submits the lowest cost bid to provide air transportation to the eligible place; and ``(B) the rate of compensation the preferred air carrier estimates to be necessary to provide air transportation to the eligible place. ``(d) Compensation Payments.-- ``(1) In general.--The Secretary shall pay compensation under this section at such time and in such manner as the Secretary determines is appropriate. ``(2) Duration of payments.--The Secretary shall continue to pay compensation under this section only as long as-- ``(A) the State or local government or person agreeing to pay compensation under subsection (c)(2) continues to pay such compensation; and ``(B) the Secretary decides the compensation is necessary to maintain air transportation to the eligible place. ``(e) Review.-- ``(1) In general.--The Secretary shall periodically review the type and level of air service provided under this section. ``(2) Consultation.--The Secretary may make appropriate adjustments in the type and level of air service to an eligible place under this section based on the review under paragraph (1) and consultation with the affected community and the State or local government or person agreeing to pay compensation under subsection (c)(2). ``(f) Ending, Suspending, and Reducing Air Transportation.--A preferred air carrier providing air transportation to an eligible place under this section may end, suspend, or reduce such air transportation if, not later than 30 days before ending, suspending, or reducing such air transportation, the preferred air carrier provides notice of the intent of the preferred air carrier to end, suspend, or reduce such air transportation to-- ``(1) the Secretary; ``(2) the affected community; and ``(3) the State or local government or person agreeing to pay compensation under subsection (c)(2).''. (b) Clerical Amendment.--The analysis for chapter 417 of title 49, United States Code, as amended by section 4, is further amended by adding after the item relating to section 41749 the following new item: ``41750. Preferred essential air service.''. SEC. 6. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED BY THE SECRETARY TO BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR SERVICE. Section 41733 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(f) Restoration of Eligibility for Subsidized Essential Air Service.-- ``(1) In general.--If the Secretary of Transportation terminates the eligibility of an otherwise eligible place to receive basic essential air service by an air carrier for compensation under subsection (c), a State or local government may submit to the Secretary a proposal for restoring such eligibility. ``(2) Determination by secretary.--If the per passenger subsidy required by the proposal submitted by a State or local government under paragraph (1) does not exceed the per passenger subsidy cap provided under section 41742(c), the Secretary shall issue an order restoring the eligibility of the otherwise eligible place to receive basic essential air service by an air carrier for compensation under subsection (c).''. SEC. 7. CALCULATION OF HIGHWAY MILEAGE TO MEDIUM AND LARGE HUB AIRPORTS. (a) In General.--Section 41731 of title 49, United States Code, is amended by adding at the end the following: ``(c) Calculation of Highway Mileage to Medium and Large Hub Airports.-- ``(1) In general.--In any determination under this subchapter of compensation or eligibility for compensation for essential air service based on the highway mileage of an eligible place from the nearest medium hub airport or large hub airport, the highway mileage shall be that of the most commonly used route, as identified under paragraph (2). ``(2) Most commonly used route.--The Secretary of Transportation shall identify the most commonly used route between an eligible place and the nearest medium hub airport or large hub airport by-- ``(A) consulting with the Governor or a designee of the Governor in the State in which the eligible place is located; and ``(B) considering the certification of the Governor or a designee of the Governor as to the most commonly used route. ``(3) Applicability.--This subsection shall apply only to eligible places in the 48 contiguous States and the District of Columbia.''. (b) Conforming Amendment.--Section 409 of Vision 100--Century of Aviation Reauthorization Act (Public Law 108-176; 49 U.S.C. 41731 note) is repealed. SEC. 8. OFFICE OF RURAL AVIATION. (a) Establishment.--There is established within the Office of the Secretary of Transportation the Office of Rural Aviation (referred to in this section as the ``Office''). (b) Functions.--The functions of the Office are-- (1) to develop a uniform 4-year contract for air carriers providing essential air service to communities under subchapter II of chapter 417 of title 49, United States Code; (2) to develop a mechanism for comparing applications submitted by air carriers under section 41733(c) to provide essential air service to communities, including comparing-- (A) estimates from air carriers on-- (i) the cost of providing essential air service; and (ii) the revenues air carriers expect to receive when providing essential air service; and (B) estimated schedules for air transportation; and (3) to select an air carrier from among air carriers applying to provide essential air service, based on the criteria described in paragraph (2). SEC. 9. EXTENSION OF AUTHORITY TO MAKE AGREEMENTS UNDER THE ESSENTIAL AIR SERVICE PROGRAM. Section 41743(e)(2) of title 49, United States Code, is amended by striking ``2008'' and inserting ``2011''. SEC. 10. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED COSTS. Section 41737 of title 49, United States Code, is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) provide for an adjustment in compensation to account for significant increases in fuel costs, in accordance with subsection (e).''; and (2) in subsection (e)-- (A) in paragraph (1), by striking ``may'' and inserting ``shall''; and (B) in paragraph (2), by striking ``may'' and inserting ``shall''. SEC. 11. CHARTER AIR CARRIER PASSENGER BOARDINGS. Notwithstanding any other provision of law, the Secretary of Transportation shall treat passenger boardings on aircraft operated by charter air carriers at airports receiving essential air service under subchapter II of chapter 417 of title 49, United States Code, as passenger boardings for purposes of section 47114(c)(1)(E) of such title. SEC. 12. AUTHORIZATION OF APPROPRIATIONS FOR ESSENTIAL AIR SERVICE. (a) Adjustment to Authorization of Appropriations.--Section 41742 of title 49, United States Code, is amended-- (1) in subsection (a)(2), by striking ``$77,000,000'' and inserting ``$33,000,000''; and (2) in subsection (b), by striking ``Notwithstanding section 47114'' and all that follows. (b) Funds From Airport and Airway Trust Fund.--Section 41737(d)(2) of title 49, United States Code, is amended to read as follows: ``(2) In addition to amounts authorized to be appropriated under section 41742(a), not more than $50,000,000 shall be available to the Secretary out of the Fund for each of the fiscal years 2008 through 2011 to incur obligations under this section. Amounts made available under this section remain available until expended.''.", "summary": "Rural Aviation Improvement Act - Repeals the Essential Air Service Local Participation Program. Prohibits the Secretary of Transportation from compensating an air carrier for providing essential air service to an eligible community in the 48 contiguous states if such community: (1) is located fewer than 70 miles from the nearest large or medium hub airport; or (2) is fewer than 210 miles from the nearest large or medium hub airport and requires a per passenger subsidy for such service in excess of $200 for calendar year 2008, including any increase for each ensuing calendar year. Authorizes a state or local government to submit a proposal to the Secretary to: (1) compensate an air carrier for essential air service to an eligible community above the $200 per passenger subsidy cap; (2) compensate a preferred air carrier for providing such service (i.e., an air carrier preferred by the affected community although it is not the lowest bidder); and (3) restore the eligibility of a community to receive subsidized essential air service. Requires the Secretary, in determining compensation (or eligibility for it) for essential air service based on highway mileage, to use the highway mileage of the most commonly used route between the eligible community and the nearest medium hub airport or large hub airport. Establishes within the Office of the Secretary the Office of Rural Aviation. Extends through FY2011 the Secretary's authority under the essential air service program to make agreements to provide assistance to underserved airports. Requires adjustment of compensation to air carriers for providing essential air service in order to take into account significant increases in fuel costs. Directs the Secretary to treat passenger boardings on aircraft operated by charter air carriers at airports receiving essential air service as passenger boardings for purposes of making apportionments of airport improvement grant funds."}
{"article": "SECTION 1. BREAKTHROUGH THERAPIES. (a) In General.--Section 506 (21 U.S.C. 356) is amended-- (1) by redesignating subsection (d) as subsection (f); (2) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (3) by inserting before subsection (b), as so redesignated, the following: ``(a) Designation of a Drug as a Breakthrough Therapy.-- ``(1) In general.--The Secretary shall, at the request of the sponsor of a drug, expedite the development and review of such drug if the drug is intended, alone or in combination with 1 or more other drugs, to treat a serious or life-threatening disease or condition and preliminary clinical evidence indicates that the drug may demonstrate substantial improvement over existing therapies on 1 or more clinically significant endpoints, such as substantial treatment effects observed early in clinical development. (In this section, such a drug is referred to as a `breakthrough therapy'.) ``(2) Request for designation.--The sponsor of a drug may request the Secretary to designate the drug as a breakthrough therapy. A request for the designation may be made concurrently with, or at any time after, the submission of an application for the investigation of the drug under section 505(i) or section 351(a)(3) of the Public Health Service Act. ``(3) Designation.-- ``(A) In general.--Not later than 60 calendar days after the receipt of a request under paragraph (2), the Secretary shall determine whether the drug that is the subject of the request meets the criteria described in paragraph (1). If the Secretary finds that the drug meets the criteria, the Secretary shall designate the drug as a breakthrough therapy and shall take such actions as are appropriate to expedite the development and review of the application for approval of such drug. ``(B) Actions.--The actions to expedite the development and review of an application under subparagraph (A) may include, as appropriate-- ``(i) holding meetings with the sponsor and the review team throughout the development of the drug; ``(ii) providing timely advice to, and interactive communication with, the sponsor regarding the development of the drug to ensure that the development program to gather the non- clinical and clinical data necessary for approval is as efficient as practicable; ``(iii) involving senior managers and experienced review staff, as appropriate, in a collaborative, cross-disciplinary review; ``(iv) assigning a cross-disciplinary project lead for the Food and Drug Administration review team to facilitate an efficient review of the development program and to serve as a scientific liaison between the review team and the sponsor; and ``(v) taking steps to ensure that the design of the clinical trials is as efficient as practicable, when scientifically appropriate, such as by minimizing the number of patients exposed to a potentially less efficacious treatment.''; (4) in subsection (f)(1), as so redesignated, by striking ``applicable to accelerated approval'' and inserting ``applicable to breakthrough therapies, accelerated approval, and''; and (5) by adding at the end the following: ``(g) Report.--Beginning in fiscal year 2013, the Secretary shall annually prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and make publicly available, with respect to this section for the previous fiscal year-- ``(1) the number of drugs for which a sponsor requested designation as a breakthrough therapy; and ``(2) the number of products designated as a breakthrough therapy.''. (b) Guidance; Amended Regulations.-- (1) In general.-- (A) Guidance.--Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall issue draft guidance on implementing the requirements with respect to breakthrough therapies, as set forth in section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), as amended by this section. The Secretary shall issue final guidance not later than 1 year after the close of the comment period for the draft guidance. (B) Amended regulations.-- (i) In general.--If the Secretary determines that it is necessary to amend the regulations under title 21, Code of Federal Regulations in order to implement the amendments made by this section to section 506(a) of the Federal Food, Drug, and Cosmetic Act, the Secretary shall amend such regulations not later than 2 years after the date of enactment of this Act. (ii) Procedure.--In amending regulations under clause (i), the Secretary shall-- (I) issue a notice of proposed rulemaking that includes the proposed regulation; (II) provide a period of not less than 60 days for comments on the proposed regulation; and (III) publish the final regulation not less than 30 days before the effective date of the regulation. (iii) Restrictions.--Notwithstanding any other provision of law, the Secretary shall promulgate regulations implementing the amendments made by this section only as described in clause (ii). (2) Requirements.--Guidance issued under this section shall-- (A) specify the process and criteria by which the Secretary makes a designation under section 506(a)(3) of the Federal Food, Drug, and Cosmetic Act; and (B) specify the actions the Secretary shall take to expedite the development and review of a breakthrough therapy pursuant to such designation under such section 506(a)(3), including updating good review management practices to reflect breakthrough therapies. (c) Independent Review.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States, in consultation with appropriate experts, shall assess the manner by which the Food and Drug Administration has applied the processes described in section 506(a) of the Federal Food, Drug, and Cosmetic Act, as amended by this section, and the impact of such processes on the development and timely availability of innovative treatments for patients affected by serious or life-threatening conditions. Such assessment shall be made publicly available upon completion. (d) Conforming Amendments.--Section 506B(e) (21 U.S.C. 356b) is amended by striking ``section 506(b)(2)(A)'' each place such term appears and inserting ``section 506(c)(2)(A)''.", "summary": "Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS), at the request of the sponsor of a drug, to expedite the drug's development and review if: (1) it is intended, either alone or in combination, to treat a serious life-threatening disease or condition; and (2) preliminary clinical evidence indicates that the drug may demonstrate substantial improvement over existing therapies on one or more clinically significant endpoints. Authorizes the drug's sponsor to request the Secretary to designate the drug as a breakthrough therapy. Requires the Secretary, within 60 days of such request, to determine whether the drug meets such criteria and, if so, make such designation, followed by appropriate actions to expedite its development and review for approval. Requires an annual report from the Secretary to Congress on drugs for which breakthrough designations were requested and approved. Directs the Secretary to issue guidance on implementing requirements with respect to breakthrough therapies and to amend promulgated regulations. Requires the Comptroller General to assess the manner by which the Food and Drug Administration (FDA) has applied the processes established by this Act and their impact on the development and timely availability of innovative treatments for patients affected by serious or life-threatening conditions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Arapaho-Roosevelt National Forests Land Exchange Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Eclipse Snow Park Proposed Land Trade Parcels, Figure 1'' and dated September 28, 2007. (2) Grand creek, llc.--The term ``Grand Creek, LLC'' means Grand Creek, LLC, a Colorado limited liability company. (3) Federal land.--The term ``Federal land'' means certain National Forest System land comprising approximately 119.281 acres, that adjoins land owned by Grand Creek, LLC, in Clear Creek County, Colorado, as depicted on the map. (4) Non-federal land.--The term ``non-Federal land'' means certain land comprising approximately 74.623 acres, owned by Grand Creek, LLC, as depicted on the map. (5) National forests.--The term ``National Forests'' means the Arapaho-Roosevelt National Forests in Colorado. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. LAND EXCHANGE, ARAPAHO-ROOSEVELT NATIONAL FORESTS, COLORADO. (a) Conveyances.-- (1) Conveyance by grand creek, llc.--The land exchange directed by this section shall proceed if, within 30 days after the date of the enactment of this Act, Grand Creek, LLC, offers to convey title acceptable to the United States in and to the non-Federal land. (2) Conveyance by the united states.--After completion of appraisals under subsection (b) and upon receipt of acceptable title to the non-Federal land, the Secretary of Agriculture shall simultaneously convey to Grand Creek, LLC, all right, title, and interest of the United States in and to the Federal land. (b) Appraisals and Equal Value Exchange.-- (1) Appraisals.--The values of the non-Federal land and the Federal land shall be determined by the Secretary through appraisals performed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions (December 20, 2000) and the Uniform Standards of Professional Appraisal Practice. (2) Surplus of non-federal value.--If the final appraised value, as approved by the Secretary, of the non-Federal lands exceeds the final appraised value, as approved by the Secretary, of the Federal land, the Secretary may equalize the values by-- (A) reducing the acreage of the non-Federal land to be conveyed, as determined appropriate and acceptable by the Secretary and Grand Creek, LLC; (B) making a cash equalization payment to Grand Creek, LLC, including a cash equalization payment in excess of the amount authorized by section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or (C) a combination of an acreage reduction and a cash equalization payment. (3) Surplus of federal value.--If the value of the Federal land exceeds the value of the non-Federal land, the Secretary may accept a cash equalization payment from Grand Creek, LLC, in such amount as may be necessary to equalize the values of the land to be exchanged, including a cash equalization payment in excess of the amount authorized by section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (c) Exchange Costs.--As a condition of the land exchange under this section, and in order to expedite the land exchange and to save administrative costs to the United States, the Secretary shall require Grand Creek, LLC, to pay for any necessary land surveys of the non- Federal land or Federal land to be exchanged and the appraisals under subsection (b). (d) Recreational Access.--As a condition of the land exchange under this section, the Secretary shall require Grand Creek, LLC, to enter into an enforceable agreement with the Secretary, of a nature and form satisfactory to the Secretary, to allow public use of land owned by Grand Creek, LLC, as is necessary to provide unimpeded access to St. Mary's Glacier along the route designated ``trail to glacier'' on the map. SEC. 4. BOUNDARY ADJUSTMENT AND MANAGEMENT OF LAND. (a) Boundary Adjustment.--Upon acquisition of the non-Federal land and conveyance of the Federal land under section 3, the Secretary shall adjust the boundary of the National Forests to reflect the land exchange under section 3. (b) Management of Land.--The Secretary shall manage the non-Federal land acquired under section 3 as part of the National Forests, in accordance with laws and regulations applicable to the National Forests.", "summary": "Arapaho-Roosevelt National Forests Land Exchange Act of 2007 - Directs the Secretary of Agriculture, upon completion of an appraisal of the values of certain non-federal land owned by Grand Creek, LLC, and certain National Forest System land that adjoins land owned by Grand Creek in Clear Creek County, Colorado, and upon receipt of acceptable title to the non-federal land, to simultaneously convey such federal land to Grand Creek. Provides for Grand Creek, LLC, to enter into an enforceable agreement with the Secretary to allow public use of land owned by Grand Creek as is necessary to provide unimpeded access to St. Mary's Glacier."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteed Paid Vacation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible employee.--The term ``eligible employee'' means an employee who-- (A) has been employed for not less than 1 year by the employer providing the paid vacation time under section 3; and (B) through such employment, has provided not less than 1,250 hours of service to such employer during the previous year. (2) Employee.--The term ``employee'' means an individual who is-- (A)(i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not covered under subparagraph (E), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer who employs not less than 15 employees at any time during a calendar year and is described in clauses (i)(I) and (ii) of paragraph (3)(A); or (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; or (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code. (3) Employer.-- (A) In general.--The term ``employer'' means a person who employs not less than 15 employees at any time during a calender year and is-- (i)(I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) is engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer.-- (i) In general.--In subparagraph (A)(i)(I), the term ``covered employer''-- (I) means any person engaged in commerce or in any industry or activity affecting commerce; (II) includes-- (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) includes any ``public agency'', as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)); and (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency.--For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions.--For purposes of this subparagraph: (I) Commerce.--The terms ``commerce'' and ``industry or activity affecting commerce'' mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include ``commerce'' and any ``industry affecting commerce'', as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)). (II) Employee.--The term ``employee'' has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)). (III) Person.--The term ``person'' has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(a)). (C) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (4) Paid vacation time.--The term ``paid vacation time'' means an increment of compensated leave to which an eligible employee is entitled under section 3 to use during an absence from employment, in accordance with the provisions of such section. For purposes of this paragraph and section 3, any sick leave, family leave, or leave otherwise required by law (other than this Act) shall not be treated as or counted towards leave to which an eligible employee is entitled under section 3. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 3. GUARANTEED PAID VACATION TIME. (a) In General.--Beginning 1 year after the date of enactment of this Act, an eligible employee of an employer shall be entitled to not less than 10 days of paid vacation time during each 12-month period to be used on consecutive or nonconsecutive days. (b) Limitation on Carryover.--Any paid vacation time that is not used during the applicable 12-month period shall not carry over to a subsequent 12-month period. (c) Written Notice.--Not later than 15 days prior to the date on which an eligible employee is to begin to use any paid vacation time, the eligible employee shall provide the employer with written notice of the intention to use such paid vacation time, including an indication of the dates on which such paid vacation time are to begin and end. (d) Compensation.-- (1) Rate of compensation.-- (A) In general.--Subject to subparagraph (B), an eligible employee using paid vacation time shall be compensated at the rate at which such eligible employee would be compensated if not using paid vacation time. (B) Tipped employees.--An eligible employee who is a tipped employee using paid vacation time shall be compensated at the rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). (2) Employment benefits.-- (A) In general.--Any employment benefits offered to an eligible employee, when such eligible employee is not using paid vacation time, shall continue to be offered to such eligible employee when such eligible employee is using paid vacation time. Such continued employment benefits shall be offered at the same level and under the same conditions as employment benefits offered to such eligible employee when such eligible employee is not using paid vacation time. (B) Cost contributions.--If the employer requires an eligible employee to contribute to the cost of the benefits described in subparagraph (A), the employer may require that such eligible employee contribute to such cost during the use of paid vacation time at the same rate as the rate at which such eligible employee would otherwise be required to contribute if not using paid vacation time. (C) Restoration to position.--Any eligible employee who uses paid vacation time shall be entitled, on return from using such paid vacation time, to be restored by the employer to the position of employment held by such eligible employee when such paid vacation time commenced. (e) Employers With Existing Policies.--Any employer with a paid leave policy who provides an amount of paid leave that is sufficient to meet the requirements of this section and that may be used under the same conditions as the conditions described in this section shall not be required to provide an eligible employee with additional paid vacation time under this section. (f) Enforcement.-- (1) Employees covered by the fair labor standards act of 1938 and other employees.-- (A) Definition.--In this paragraph-- (i) the term ``eligible employee'' means an eligible employee who is an employee described in subparagraph (A) or (B) of section 2(2); and (ii) the term ``employer'' means an employer who employs not less than 15 employees at any time during a calendar year and is described in subclause (I) or (II) of section 2(3)(A)(i). (B) Secretary of labor.--With respect to an eligible employee and an employer and notwithstanding section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213), the Secretary shall receive, investigate, attempt to resolve, and enforce a complaint of a violation of this Act in the same manner that the Secretary receives, investigates, attempts to resolve, and enforces a complaint of a violation of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207). An employer's liability for a violation under this Act shall be, as the case may be-- (i) the amount of unpaid vacation time owed to such employee under this section, and an additional equal amount as liquidated damages; or (ii) compensation in accordance with subsection (d) for any uncompensated unpaid vacation time used by the eligible employee, and an additional equal amount as liquidated damages. (C) Government accountability office.-- Notwithstanding any other provision of this paragraph, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary under this paragraph shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (2) Employees covered by congressional accountability act of 1995.--The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against an eligible employee who is an employee described in section 2(2)(C). (3) Employees covered by chapter 5 of title 3, united states code.--The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an eligible employee who is an employee described in section 2(2)(D). (4) Employees covered by chapter 63 of title 5, united states code.--The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an eligible employee who is an employee described in section 2(2)(E). SEC. 4. PUBLIC AWARENESS CAMPAIGN BY THE DEPARTMENT OF LABOR. (a) In General.--The Secretary is authorized to conduct a public awareness campaign, through the Internet and other media, to inform the public of an eligible employee's entitlement to paid vacation time under this Act. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out subsection (a).", "summary": "Guaranteed Paid Vacation Act This bill amends the Fair Labor Standards Act to require specified employers (including certain federal and state employers) who employ at least 15 employees at any time during a calendar year to provide each eligible employee at least 10 days of paid vacation time during each 12-month period, to be used on consecutive or nonconsecutive days. An employee is eligible for paid vacation time only if he or she has been employed by the employer for at least one year and has worked at least 1,250 hours for that employer during the previous year. The employee must give the employer at least 15 days' prior notice of his or her intent to take paid vacation, including the dates it will begin and end. The Department of Labor shall conduct a public awareness campaign, through the Internet and other media, to inform the public of an eligible employee's entitlement to paid vacation time under the Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Reinvestment Act''. SEC. 2. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR CLEANUP. (a) Availability of Amounts.--Section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended-- (1) in subsection (a) by striking ``For the purposes specified'' and all that follows through ``for the following purposes:'' and inserting the following: ``The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes:''; and (2) in subsection (c)-- (A) by striking ``Subject to such amounts as are provided in appropriations Acts, the'' each place it appears and inserting ``The''; and (B) in paragraph (12) by striking ``to the extent that such costs'' and all that follows through ``and 1994''. (b) Amendment to the Internal Revenue Code.--Section 9507 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``appropriated to'' in subsection (a)(1) and inserting ``made available for''; (2) by striking ``appropriated'' in subsection (b) and inserting ``transferred''; (3) by striking ``, as provided in appropriations Acts,'' in subsection (c)(1); and (4) by striking ``December 31, 1995'' in subsection (d)(3)(B) and inserting ``December 31, 2024''. SEC. 3. BUDGETARY TREATMENT OF HAZARDOUS SUBSTANCE SUPERFUND. Notwithstanding any other provision of law, the receipts and disbursements of the Hazardous Substance Superfund established in section 9507 of the Internal Revenue Code of 1986-- (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President; (B) the congressional budget (including allocations of budget authority and outlays provided therein); (C) the Balanced Budget and Emergency Deficit Control Act of 1985; or (D) the Statutory Pay-As-You-Go Act of 2010; (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government; and (3) shall be available only for the purposes specified in section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611). SEC. 4. MODIFICATION OF SUPERFUND TAXES. (a) Hazardous Substance Superfund Financing Rate.-- (1) Extension.--Subsection (e) of section 4611 of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of the Superfund Reinvestment Act and before January 1, 2025.''. (2) Adjustment for inflation.-- (A) Section 4611(c)(2)(A) of such Code is amended by striking ``9.7 cents'' and inserting ``16.3 cents''. (B) Section 4611(c) of such Code is amended by adding at the end the following: ``(3) Adjustment for inflation.-- ``(A) In general.--In the case of a year beginning after 2016, the amount in paragraph (2)(A) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $0.01, such amount shall be rounded to the next lowest multiple of $0.01.''. (b) Adjustment of Excise Tax on Certain Chemicals for Inflation.-- Section 4661(b) of such Code is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be determined in accordance with the following table: ------------------------------------------------------------------------ The tax is the ``In the case of: following amount per ton: ------------------------------------------------------------------------ Acetylene $11.35 Benzene 11.35 Butane 11.35 Butylene 11.35 Butadiene 11.35 Ethylene 11.35 Methane 8.02 Naphthalene 11.35 Propylene 11.35 Toluene 11.35 Xylene 11.35 Ammonia 6.15 Antimony 10.37 Antimony trioxide 8.74 Arsenic 10.37 Arsenic trioxide 7.95 Barium sulfide 5.36 Bromine 10.37 Cadmium 10.37 Chlorine 6.29 Chromium 10.37 Chromite 3.54 Potassium dichromate 3.94 Sodium dichromate 4.36 Cobalt 10.37 Cupric sulfate 4.36 Cupric oxide 8.37 Cuprous oxide 9.25 Hydrochloric acid 0.68 Hydrogen fluoride 9.86 Lead oxide 9.65 Mercury 10.37 Nickel 10.37 Phosphorus 10.37 Stannous chloride 6.64 Stannic chloride 4.94 Zinc chloride 5.17 Zinc sulfate 4.43 Potassium hydroxide 0.51 Sodium hydroxide 0.65 Sulfuric acid 0.61 Nitric acid 0.56. ------------------------------------------------------------------------ ``(2) Adjustment for inflation.-- ``(A) In general.--In the case of a calendar year beginning after 2016, each of the amounts in the table in paragraph (1) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $0.01, such amount shall be rounded to the next lowest multiple of $0.01.''. (c) Corporate Environmental Income Tax Reinstated.-- (1) In general.--Subchapter A of chapter 1 of the such Code is amended by inserting after part VI the following: ``PART VII--ENVIRONMENTAL TAX ``SEC. 59A. ENVIRONMENTAL TAX. ``(a) Imposition of Tax.--In the case of a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 0.12 percent of the excess of-- ``(1) the modified alternative minimum taxable income of such corporation for the taxable year, over ``(2) $3,735,000. ``(b) Modified Alternative Minimum Taxable Income.--For purposes of this section, the term `modified alternative minimum taxable income' means alternative minimum taxable income (as defined in section 55(b)(2)) but determined without regard to-- ``(1) the alternative tax net operating loss deduction (as defined in section 56(d)), and ``(2) the deduction allowed under section 164(a)(5). ``(c) Exception for RICs and REITs.--The tax imposed by subsection (a) shall not apply to-- ``(1) a regulated investment company to which part I of subchapter M applies, and ``(2) a real estate investment trust to which part II of subchapter M applies. ``(d) Special Rules.-- ``(1) Short taxable years.--The application of this section to taxable years of less than 12 months shall be in accordance with regulations prescribed by the Secretary. ``(2) Section 15 not to apply.--Section 15 shall not apply to the tax imposed by this section. ``(e) Adjustment for Inflation.-- ``(1) In general.--In the case of a taxable year beginning after 2016, the dollar amount in subsection (a)(2) shall be increased by an amount equal to-- ``(A) such amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(f) Application of Tax.--The tax imposed by this section shall apply to taxable years ending after the date of the enactment of the Superfund Reinvestment Act and beginning before January 1, 2025.''. (2) Conforming amendments.-- (A) Paragraph (2) of section 26(b) of such Code is amended by inserting after subparagraph (A) the following: ``(B) section 59A (relating to environmental tax),''. (B) Section 30A(c) of such Code is amended by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, and by inserting before paragraph (2) (as so redesignated) the following: ``(1) section 59A (relating to environmental tax),''. (C) Subsection (a) of section 164 of such Code is amended by inserting after paragraph (4) the following: ``(5) The environmental tax imposed by section 59A.''. (D) Section 275(a) of such Code is amended by inserting at the end the following flush sentence: ``Paragraph (1) shall not apply to the tax imposed by section 59A.''. (E) Section 882(a)(1) of such Code is amended by inserting ``59A,'' after ``55,''. (F) Section 1561(a) of such Code is amended-- (i) by striking ``and'' at the end of paragraph (2), (ii) by striking the period at the end of paragraph (3) and inserting ``, and'', (iii) by inserting after paragraph (3) the following: ``(4) one dollar amount in effect under section 59A(a)(2) for the taxable year for purposes of computing the tax imposed by section 59A.'', and (iv) by striking ``and the amount specified in paragraph (3)'' and inserting ``, the amount specified in paragraph (3), and the amount specified in paragraph (4)''. (G) Section 6425(c)(1)(A) of such Code is amended by striking ``plus'' at end of clause (i), by inserting ``plus'' at the end of clause (ii), and by inserting after clause (ii) the following: ``(iii) the tax imposed by section 59A, over''. (H) Section 6655 of such Code is amended-- (i) in subsections (e)(2)(A)(i) and (e)(2)(B)(i), by striking ``taxable income and alternative minimum taxable income'' and inserting ``taxable income, alternative minimum taxable income, and modified alternative minimum taxable income'', (ii) in subsection (e)(2)(B), by inserting after clause (ii) the following: ``(iii) Modified alternative minimum taxable income.--The term `modified alternative minimum taxable income' has the meaning given to such term by section 59A(b).'', and (iii) in subsection (g)(1)(A), by striking ``plus'' at the end of clause (ii), by redesignating clause (iii) as clause (iv) and by inserting after clause (ii) the following: ``(iii) the tax imposed by section 59A, plus''. (I) Section 9507(b)(1) of such Code is amended by inserting ``59A,'' before ``4611''. (3) Clerical amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by inserting after the item relating to part VI the following new item: ``Part VII. Environmental Tax''. (d) Clarification of Tar Sands as Crude Oil for Excise Tax Purposes.-- (1) In general.--Section 4612(a)(1) of such Code is amended to read as follows: ``(1) Crude oil.--The term `crude oil' includes crude oil condensates, natural gasoline, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (including oil derived from tar sands), and any oil derived from kerogen-bearing sources (including oil derived from oil shale).''. (2) Technical amendment.--Section 4612(a)(2) of such Code is amended by striking ``from a well located''. (e) Technical Amendments.-- (1) Subsection (b) of section 4611 of such Code is amended-- (A) by striking ``or exported from'' in paragraph (1)(A); (B) by striking ``or exportation'' in paragraph (1)(B); and (C) by striking ``and Exportation'' in the heading thereof. (2) Paragraph (3) of section 4611(d) of such Code is amended-- (A) by striking ``or exporting the crude oil, as the case may be'' and inserting ``the crude oil''; and (B) by striking ``or exports'' in the heading thereof. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning after December 31, 2015. (2) Corporate environmental income tax.--The amendment made by section 4(c) shall apply to taxable years beginning after December 31, 2015. SEC. 5. APPLICABILITY. (a) In General.--Except as provided in section 4(f), this Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 2015.", "summary": "Superfund Reinvestment Act Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the use of amounts in the Hazardous Substance Superfund for environmental cleanup costs authorized by such Act. Provides that receipts and disbursements of the Hazardous Substance Superfund: (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus, for purposes of the President's budget, the congressional budget, the Balanced Budget and Emergency Deficit Control Act of 1985, or the Statutory Pay-As-You-Go Act of 2010; (2) shall be exempt from any general budget limitations; and (3) shall be available only for the purposes specified in CERCLA. Amends the Internal Revenue Code to: (1) reinstate through December 31, 2024 and adjust for inflation annually after 2016, the Hazardous Substance Superfund financing rate and the corporate environmental income tax threshold amount; (2) extend the borrowing authority of the Superfund through 2024; and (3) modify the definition of "crude oil" for purposes of the excise tax on petroleum and petroleum products to include any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (tar sands), and any oil derived from kerogen-bearing sources (oil shale)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes National Program Act''. SEC. 2. LAKEWIDE MANAGEMENT PLANS. Paragraph (4) of section 118(c) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(4)) is amended to read as follows: ``(4) Lakewide management plans.-- ``(A) Deadlines.-- ``(i) Lake michigan and lake superior.--Not later than January 1, 1995, the Administration shall publish in the Federal Register the final Lakewide Management Plan for Lake Michigan and Lake Superior. ``(ii) Lake erie, lake huron, and lake ontario.--Not later than January 1, 1998, the Administrator shall publish in the Federal Register proposed Lakewide Management Plans for Lake Erie, Lake Huron, and Lake Ontario. ``(B) Contents.--Each Lakewide Management Plan shall be consistent with the requirements of Annex 2 of the Great Lakes Water Quality Agreement, and shall-- ``(i) include an assessment of the environmental condition of the lake, including water and sediment quality and natural resources; ``(ii) identify-- ``(I) the pollutants that exceed water or sediment quality standards in the lake, describing the loadings of the pollutants to the lake, including conventional, non-conventional, and toxic pollutants; and ``(II) the point and nonpoint sources of the pollutants; ``(iii) provide a comprehensive protection plan recommending specific actions to restore and maintain the chemical, physical, and biological integrity of the lake, including-- ``(I) the specific measures to protect and maintain high quality waters; and ``(II) an identification of the reduction in loadings of pollutants identified in clause (ii) to ensure the restoration and attainment of water and sediment quality standards, and the protection and propagation of a balanced indigenous population of fish, shellfish, and wildlife and recreation in and on the water; and ``(iv) provide a schedule for implementing recommended actions, including the identification of the agencies and sources responsible for implementing the loading reductions, and the funding sources to support the implementation. ``(C) Cooperation.--Each Lakewide Management Plan shall be developed in cooperation with-- ``(i) the State or States bordering the lake, including the public in the State or States; ``(ii) appropriate representatives of Canada; and ``(iii) the Great Lakes Policy Committee.''. SEC. 3. SEDIMENT CLEANUP. (a) Removal of Toxic Pollutants.--Section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)) is amended by adding at the end the following new subparagraphs: ``(D) Full scale demonstration projects.-- ``(i) In general.--The Program Office shall conduct 5 full scale demonstration projects of promising technologies to remedy contaminated sediments at such sites as the Program Office determines are appropriate. ``(ii) Selection of sites.--In selecting sites for the demonstration projects, the Program Office shall give priority consideration to the sites referred to in subparagraph (A). ``(iii) Deadlines.--The Program Office shall-- ``(I) not later than December 31, 1995, complete engineering plans for the full scale demonstration projects to be conducted under this subparagraph; and ``(II) not later than December 31, 2000, complete the full scale demonstration projects to be conducted under this subparagraph. ``(E) Assessments and pilot scale demonstration projects.-- ``(i) Assessments.-- ``(I) In general.--The Program Office shall conduct chemical, physical, and biological assessments of contaminated sediments at each area of concern. ``(II) Recommendations.--Bases on the assessments, the Program Office shall make recommendations on technologies to remedy contaminated sediments at each such area. ``(III) Use of previous findings.-- In conducting the assessments, the Program Office shall incorporate previous findings which are relevant to the assessments and avoid duplication of previous or ongoing efforts. ``(ii) Pilot scale demonstration projects.--If, after conducting assessments under clause (i), the Program Office does not have sufficient information to make recommendations on technologies to remedy contaminated sediments at an area of concern, the Program Office shall obtain such information by conducting a pilot scale demonstration project of promising technologies to remedy contaminated sediments at the area of concern. ``(iii) Deadlines.--The Program Office shall-- ``(I) not later than December 31, 1999, complete assessments of contaminated sediments to be conducted under clause (i); ``(II) not later than December 31, 1999, transmit to Congress (as part of a comprehensive report required by paragraph (10)) recommendations made under clause (i) on technologies to remedy contaminated sediments for those areas of concern for which the Program Office has sufficient information to make the recommendations and a description of pilot scale demonstration projects to be conducted under clause (ii), including the locations of such projects and engineering plans for such projects; and ``(III) not later than December 31, 2001, complete all pilot scale demonstration projects to be conducted under clause (ii) and transmit to Congress (as part of a comprehensive report required by paragraph (10)) a final report containing findings on activities conducted under this subparagraph and recommendations for remediation of contaminated sediments at each area of concern. ``(F) Dissemination of information and coordination.--The Program Office shall assist in and promote the dissemination of information on technologies to remedy contaminated sediments at areas of concern, including the dissemination of such information to Federal departments and agencies.''. (b) Conforming and Technical Amendments.--Section 118(c) of such Act (33 U.S.C. 1268(c)) is amended-- (1) in the heading to paragraph (6), by striking ``5-year plan and program'' and inserting ``Plan and program''; (2) in the heading to paragraph (7), by striking ``5-year study and demonstration projects'' and inserting ``Study and demonstration projects''; and (3) in paragraph (7)-- (A) by striking ``(A)'' and inserting ``(A) 5-year study.--''; (B) by indenting subparagraph (A) and aligning subparagraph (A) with subparagraph (B); (C) by striking ``(B)'' and inserting ``(B) Deadlines for demonstration projects.--''; and (D) by striking ``(C)'' and inserting ``(C) Publication of information.--''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Subsection (h) of section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268(h)) is amended to read as follows: ``(h) Authorization of Appropriations.--There is authorized to be appropriated for activities of the Program Office $30,000,000 per fiscal year for each of fiscal years 1994 through 2000. Such sums shall remain available until expended.''.", "summary": "Great Lakes National Program Act - Amends the Federal Water Pollution Control Act to extend the deadline for the publication of the final Lakewide Management Plan for Lake Michigan and to establish publication deadlines for a final plan for Lake Superior and proposed plans for Lake Erie, Lake Huron, and Lake Ontario. Directs the Great Lakes National Program Office to: (1) conduct five demonstration projects of promising technologies to remedy contaminated sediments at appropriate sites; (2) conduct chemical, physical, and biological assessments of contaminated sediments at each area of concern and make recommendations on technologies to remedy contaminated sediments; and (3) report findings and recommendations to the Congress. Extends the authorization of appropriations for the Great Lakes water quality program through FY 2000."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``World Trade Center Zone Tax Incentive Act''. SEC. 2. TAX TREATMENT OF FOREIGN CORPORATIONS RELOCATING TO WORLD TRADE CENTER AREA. (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 (relating to New York Liberty Zone benefits) is amended by adding at the end the following new section: ``SEC. 1400M. NO ADDITIONAL CORPORATE INCOME TAXES ON FOREIGN CORPORATIONS RELOCATING HEADQUARTERS OPERATIONS TO NEW YORK LIBERTY ZONE. ``(a) General Rule.--If there is a qualified headquarters relocation of an eligible foreign corporation, any qualified headquarters activities of the corporation conducted in the New York Liberty Zone shall be treated as conducted outside the United States for purposes of determining-- ``(1) the amount of any tax imposed by this chapter, or the amount of withholding tax under chapter 3, on the corporation, or ``(2) whether the corporation has a permanent establishment within the United States for purposes of any applicable income tax treaty between the United States and any foreign country. ``(b) Qualified Headquarters Relocation.--For purposes of this section-- ``(1) In general.--The term `qualified headquarters relocation' means any relocation of an eligible foreign corporation's qualified headquarters activities to the New York Liberty Zone but only if the corporation with respect to such relocation-- ``(A) before September 11, 2007, enters into a contract-- ``(i) under which the corporation agrees to acquire, lease, sublease, or otherwise occupy office space located in the New York Liberty Zone for use in the conduct of the activities to be relocated, and ``(ii) which requires a substantial financial commitment or provides a substantial cancellation penalty, and ``(B) before September 11, 2009-- ``(i) transfers to the New York Liberty Zone qualified headquarters activities meeting the requirements of paragraph (2), and ``(ii) locates employees in the New York Liberty Zone in accordance with the requirements of paragraph (3). ``(2) Transfer of qualified headquarters activities.--The requirements of this paragraph are met if the transfer of qualified headquarters activities includes at least the transfer of a substantial part of the following activities which the eligible foreign corporation was performing for members of its expanded affiliated group immediately before the requirement of paragraph (1)(A) is met: ``(A) The activities described in clause (ii) of subsection (c)(2)(A). ``(B) High-level activities described in clause (iii) of subsection (c)(2)(A). ``(C) The activities described in clause (iv) of subsection (c)(2)(A). ``(3) Transfer of employees.-- ``(A) In general.--The requirements of this paragraph are met if the eligible foreign corporation locates in the New York Liberty Zone a number of employees equal to or greater than the lesser of-- ``(i) 200 employees, or ``(ii) the greater of-- ``(I) 10 percent of the employees of the corporation and the members of its expanded affiliated group for which the corporation performs headquarters activities (as of the date the requirements of paragraph (1)(B) are first met), or ``(II) 50 employees. ``(B) High-level employees.--The requirements of this paragraph shall be treated as met only if the eligible foreign corporation locates in the New York Liberty Zone at least-- ``(i) 50 percent of the senior officers of the corporation, and ``(ii) 50 percent of the senior business development personnel of the corporation. ``(C) Current united states employees not counted.--For purposes of determining whether the requirements of this paragraph are first met, and continue to be met during the 2-year period after the date on which the requirements are first met, there shall not be taken into account any individual who was an employee of the eligible foreign corporation or any member of its expanded affiliated group who was located in the United States at any time during the 1-year period ending on the later of-- ``(i) the date the requirements of subsection (b)(1)(B) are first met, or ``(ii) the date the employee is first located in the New York Liberty Zone. Any period during which an individual was located in the New York Liberty Zone solely as part of a qualified headquarters relocation shall not be taken into account for purposes of the preceding sentence. ``(D) Located.--An employee shall be treated as located in the New York Liberty Zone or the United States for any period if the services performed by the employee during the period are performed primarily in the New York Liberty Zone or the United States, respectively. ``(c) Eligible Foreign Corporation; Qualified Headquarters Activities.--For purposes of this section-- ``(1) Eligible foreign corporation.--The term `eligible foreign corporation' means a foreign corporation which-- ``(A) performs qualified headquarters activities for 1 or more members of an expanded affiliated group including such corporation, and ``(B) agrees to furnish to the Secretary (at such time and in such manner as the Secretary may prescribe) such information as the Secretary may require to carry out this section, including the gross revenue of the corporation derived from qualified headquarters activities. ``(2) Qualified headquarters activities.-- ``(A) In general.--The term `qualified headquarters activities' means, with respect to any eligible foreign corporation-- ``(i) the ownership and management of any member of the expanded affiliated group of which it is a member, ``(ii) the conduct of any treasury function of a member of the expanded affiliated group of which it is a member, including the borrowing of funds, financing of members of the group and related entities, and investment of excess corporate funds, but not including the taking of deposits from, or the making of loans to, the public, ``(iii) marketing and branding functions, ``(iv) senior business management and development, and ``(v) any other activity incidental to any activity described in clauses (i) through (iv). ``(B) Certain activities previously conducted in united states not included.-- ``(i) In general.--Such term shall not include any activity which the eligible foreign corporation or any member of its expanded affiliated group engaged in through an office or fixed place of business in the United States at any time during the 3-year period ending on the date the requirements of subsection (b)(1)(B) are first met. ``(ii) Exception for relocation activities.--The conduct of any activity as part of a qualified headquarters relocation shall not be taken into account in determining whether clause (i) applies to the activity. ``(iii) Exclusion ceases to apply if activity not conducted in united states for 5 years.-- ``(I) In general.--Clause (i) shall not apply to any activity conducted in the New York Liberty Zone during the taxable year described in subclause (II) or any succeeding taxable year. ``(II) Applicable taxable year.--A taxable year is described in this subclause with respect to any activity if such year is the first taxable year in which ends a consecutive 5-year period which begins after the date the requirements of subsection (b)(1)(B) are first met and during which the eligible foreign corporation or any member of its expanded affiliated group did not engage in such activity through an office or fixed place of business within the United States. ``(iv) Special rules for acquired entities.-- ``(I) In general.--If an acquired entity engaged in an activity described in subparagraph (A) through an office or fixed place of business in the United States (other than an activity which was a qualified headquarters activity of the acquired entity for purposes of subsection (a)) at any time during the 1-year period preceding the first date on which the acquired entity became a member of the expanded affiliated group of the eligible foreign corporation, such activity shall be treated as an activity engaged in by the eligible foreign corporation on the day preceding the first day the requirements of subsection (b)(1)(B) are met. ``(II) Activities not conducted in united states for 5 years.--If subclause (I) applies to an activity, clause (iii) shall be applied to the activity by substituting the date the acquired entity became a member of the expanded affiliated group of the eligible foreign corporation for the first day the requirements of subsection (b)(1)(B) are met. ``(III) Acquired entity.--The term `acquired entity' means any corporation or partnership which became a member of the eligible foreign corporation's expanded affiliated group after the first date the requirements of subsection (b)(1)(B) are met. ``(v) Predecessor entities.--For purposes of this subparagraph, any activity conducted by a predecessor or related person with respect to a member of an expanded affiliated group shall be treated as conducted by the member. ``(d) Termination and Recapture of Tax Benefits.-- ``(1) In general.--This section shall not apply to any qualified headquarters activities of an eligible foreign corporation for any taxable year if the corporation at any time during the taxable year or any preceding taxable year fails to-- ``(A) conduct the qualified headquarters activities described in subsection (b)(2), or ``(B) meet the requirements of subsection (b)(3). The Secretary may waive the application of this paragraph in the case of a de minimis or inadvertent failure which is corrected within a reasonable period of time after discovery. ``(2) Recapture of tax on certain eligible foreign corporations.-- ``(A) In general.--In addition to any tax imposed by this chapter for the first taxable year during which this section does not apply to an eligible foreign corporation by reason of paragraph (1), there is hereby imposed on the eligible foreign corporation a tax equal to the recapture amount described in subparagraph (B). ``(B) Recapture amount.-- ``(i) In general.--The recapture amount described in this subparagraph shall be the sum of the amounts determined for each of the 4 taxable years preceding the first taxable year to which this section does not apply by reason of paragraph (1) by multiplying the qualified tax benefits for each such year by the following recapture percentage: ``In the case of-- The recapture percentage is-- The immediately preceding taxable year........ 80% The second preceding taxable year............. 60% The third preceding taxable year.............. 40% The fourth preceding taxable year............. 20%. ``(ii) Qualified tax benefits.--For purposes of this subparagraph, the term `qualified tax benefits' means, with respect to any taxable year described in clause (i), an amount equal to the excess (if any) of-- ``(I) the amount of the tax liability which a foreign corporation would have had for the taxable year under this chapter and chapter 3 if this section had not applied, over ``(II) the amount of such tax liability for such corporation for such taxable year without regard to this paragraph. ``(C) Interest.-- ``(i) In general.--In addition to the tax imposed by subparagraph (A), an eligible foreign corporation shall pay interest on the recapture amount. ``(ii) Calculation of interest.--The amount of interest under clause (i) shall be determined-- ``(I) at the underpayment rate specified in section 6621, ``(II) separately for each taxable year, and ``(III) for the period beginning on the due date for the tax return of the corporation for such taxable year (without regard to extensions) and ending on the due date for the tax return of the corporation for the first taxable year to which this section ceases to apply. ``(e) Expanded Affiliated Group.--For purposes of this section-- ``(1) In general.--The term `expanded affiliated group' means an affiliated group as defined in section 1504(a) but without regard to paragraphs (2) and (3) of section 1504(b), except that section 1504(a) shall be applied by substituting `50 percent' for `80 percent' each place it appears. ``(2) Partnerships.--Such term includes any partnership in which the eligible foreign corporation or its expanded affiliated group owns directly or indirectly more than 50 percent of the capital or profit interests. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations-- ``(1) which exclude from qualified headquarters activities any activities of a type not ordinarily performed by a corporation performing headquarters activities, ``(2) to apply this section in the case of eligible foreign corporations that conduct activities in the United States other than qualified headquarters activities, and ``(3) which prevent qualified foreign corporations from expanding the benefits available by reason of this paragraph through intercompany transactions.'' (b) Conforming Amendment.--The table of sections for subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 1400M. No additional corporate income taxes on foreign corporations relocating headquarters operations to New York Liberty Zone.''", "summary": "World Trade Center Zone Tax Incentive Act - Amends the Internal Revenue Code to state that if there is a qualified headquarters relocation of an eligible foreign corporation, any qualified headquarters activities of the corporation conducted in the New York Liberty Zone shall be treated as conducted outside the United States for purposes of determining: (1) the amount of any tax or withholding tax; or (2) whether the corporation has a permanent establishment within the United States for purposes of any applicable income tax treaty between the United States and any foreign country.Sets forth \"qualified headquarters relocation\" criteria with respect to transfers of employees and headquarters activities.Provides for termination and recapture of tax benefits for failure to meet such requirements.Defines \"expanded affiliated group\" for purposes of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rights of the Child Act of 1997''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The United States is the only Western industrialized nation which has neither ratified nor become a party to the United Nations Convention on the Rights of the Child. (2) During the 1990's, the United States had the worst child poverty rate among Western industrialized nations: one- quarter of America's children lived in poverty. (3) One in 10 infants living in the United States has no routine source of health care. (4) Forty percent of children in the United States are at risk of school failure. (5) An estimated 1,800,000 teenagers were victims of violent crimes in the United States in the early 1990's. (6) 2,600,000 children were reported abused and neglected in 1991. (7) Approximately 144,000 babies will die in the United States, over the next 4 years, before their 1st birthday. SEC. 3. SUBMISSION OF UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD. It is the sense of the Congress that the President should submit and seek the advice and consent of the Senate by December 31, 1998, to ratification of the Convention on the Rights of the Child, adopted by the United Nations with the support of the United States on November 29, 1989, and signed by Madeleine Albright acting as United States Delegate to the United Nations and on behalf of the United States Government on February 16, 1995. SEC. 4. CONSULTATION WITH THE STATES. Prior to the submission under section 3, the Attorney General of the United States shall meet with the attorneys general of the States and territories of the United States for the purpose of determining their recommendations concerning any limitations in the form of reservations, declarations, statements, and understandings that should accompany a proposed resolution of ratification of the United Nations Convention on the Rights of the Child. SEC. 5. ESTABLISHMENT OF COMMISSION AND REPORT TO CONGRESS. (a) Establishment.--There is established an advisory commission concerning the economic, social, cultural, political, and civil rights of children. (b) Composition.--The commission shall be composed of 11 persons, appointed as provided under subsection (c), with experience, expertise, and concerns pertaining to the economic, social, cultural, political, and civil rights of children as well as individuals who are parents or legal guardians of children. (c) Appointment.--Not later than March 1, 1998, the commission of shall be appointed as follows: (1) 5 persons appointed by the President. (2) 1 person appointed by the Speaker of the House of Representatives. (3) 1 person appointed by the majority leader of the House of Representatives. (4) 1 person appointed by the majority leader of the Senate. (5) 1 person appointed by the minority leader of the Senate. (6) 1 person appointed by the minority leader of the House of Representatives. (7) The Secretary of Health and Human Services (or a designee of the Secretary). (d) Chairperson.--The President shall designate a chairperson of the commission. (e) Vacancies.--Vacancies in the commission shall be filled in the same manner as the original appointment. (f) Compensation.--Members of the commission shall serve without pay or other compensation. (g) Staff.--Such staff and administrative support as are necessary and appropriate shall be made available to the commission on a non- reimbursable basis by the Secretary of Health and Human Services. (h) Report.--Not later than September 1, 1998, the commission shall submit to the Congress a report with any recommendations agreed to by a majority of its members stipulating any limitations to the Convention on the Rights of the Child that are advisable to facilitate ratification. (i) Termination.--Ninety days after the submission of the report under subsection (h) the commission shall cease to exist. SEC. 6. INTERIM MEASURES IN SUPPORT OF INTERNATIONALLY-RECOGNIZED RIGHTS OF THE CHILD. (a) ILO.--In addition to such amounts as are otherwise authorized to be appropriated, there are authorized to be appropriated $1,000,000 for each of the fiscal years 1998, 1999, 2000, 2001, and 2002 for a United States contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor. (b) UNCHR.--In addition to such amounts as are otherwise authorized to be appropriated, there are authorized to be appropriated $100,000 for each of the fiscal years 1998, 1999, 2000, 2001, and 2002 for a United States contribution to the United Nations Commission on Human Rights for programs relating to bonded child labor that are carried out by the Subcommittee and Working Group on Contemporary Forms of Slavery. SEC. 7. PROHIBITION ON IMPORTATION OF PRODUCTS MADE BY BONDED CHILD LABOR. (a) Prohibition.--No product manufactured or mined, in whole or in part, by bonded child labor shall be imported into the United States. (b) Regulation.--The Secretary of the Treasury, in consulation with the Secretary of Labor, shall prescribe such regulations are are necessary and appropriate to carry out this section. (c) Definitions.--As used in this section the following terms have the following meanings: (1) The term ``bonded child labor'' means work or service exacted from a child confined against the child's will, either in payment for the debts of a parent, relative, or guardian, or drawn under false pretext. (2) The term ``child'' means an individual who has not attained the age of 18 years. SEC. 8. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT ALLOW CHILD PROSTITUTION AND SEXUAL EXPLOITATION OF CHILDREN. (a) Prohibition.--United States assistance may not be provided to the government of a foreign country for a fiscal year unless the President certifies to the Congress for such fiscal year that such government has enacted, and is enforcing, laws against child prostitution and the sexual exploitation of children. (b) Waiver.--The prohibition on foreign assistance under subsection (a) shall not apply with respect to a foreign country if the President determines and notifies the Congress that providing such assistance for such country is in the national security interest of the United States. (c) Definition.--As used in this section, the term ``United States assistance'' means assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). (d) Effective Date.--The prohibition on foreign assistance under subsection (a) shall apply with respect to fiscal year 1999 and subsequent fiscal years.", "summary": "Rights of the Child Act of 1997 - Expresses the sense of the Congress that the President should submit and seek the advice and consent of the Senate by December 31, 1998, to ratification of the Convention on the Rights of the Child. (Sec. 4) Directs the Attorney General, before such submission, to meet with the attorneys general of the States and U.S. territories to determine their recommendations concerning any limitations that should accompany a proposed resolution of ratification of the U.N. Convention on the Rights of the Child. (Sec. 5) Establishes an advisory commission concerning the economic, social, cultural, political, and civil rights of children. Directs the commission to report to the Congress any recommendations agreed to by a majority of its members on any limitations to the Convention on the Rights of the Child advisable to facilitate ratification. (Sec. 6) Authorizes additional appropriations for U.S. contributions to: (1) the International Labor Organization for the activities of the International Program on the Elimination of Child Labor; and (2) the U.N. Commission on Human Rights for programs relating to bonded child labor that are carried out by the Subcommittee and Working Group on Contemporary Forms of Slavery. (Sec. 7) Prohibits the importation into the United States of any product manufactured or mined, in whole or in part, by bonded child labor. Directs the Secretary of the Treasury to prescribe regulations to carry out this prohibition. (Sec. 8) Prohibits U.S. assistance to the government of a foreign country for any fiscal year unless the President certifies to the Congress for such fiscal year that such government has enacted, and is enforcing, laws against child prostitution and the sexual exploitation of children. Authorizes waivers of such prohibition in the national security interest of the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Informed P2P User Act''. SEC. 2. CONDUCT PROHIBITED. (a) Notice and Consent Required for File-sharing Software.-- (1) Notice and consent required prior to installation.--It is unlawful for any covered entity to install on a protected computer or offer or make available for installation or download on a protected computer a covered file-sharing program unless such program-- (A) immediately prior to the installation or downloading of such program-- (i) provides clear and conspicuous notice that such program allows files on the protected computer to be made available for searching by and copying to one or more other computers; and (ii) obtains the informed consent to the installation of such program from an owner or authorized user of the protected computer; and (B) immediately prior to initial activation of a file-sharing function of such program-- (i) provides clear and conspicuous notice of which files on the protected computer are to be made available for searching by and copying to another computer; and (ii) obtains the informed consent from an owner or authorized user of the protected computer for such files to be made available for searching and copying to another computer. (2) Non-application to pre-installed software.--Nothing in paragraph (1)(A) shall apply to the installation of a covered file-sharing program on a computer prior to the first sale of such computer to an end user, provided that notice is provided to the end user who first purchases the computer that such a program has been installed on the computer. (3) Non-application to software upgrades.--Once the notice and consent requirements of paragraphs (1)(A) and (1)(B) have been satisfied with respect to the installation or initial activation of a covered file-sharing program on a protected computer after the effective date of this Act, the notice and consent requirements of paragraphs (1)(A) and (1)(B) do not apply to the installation or initial activation of software modifications or upgrades to a covered file-sharing program installed on that protected computer at the time of the software modifications or upgrades so long as those software modifications or upgrades do not-- (A) make files on the protected computer available for searching by and copying to one or more other computers that were not already made available by the covered file-sharing program for searching by and copying to one or more other computers; or (B) add to the types or locations of files that can be made available by the covered file-sharing program for searching by and copying to one or more other computers. (b) Preventing the Disabling or Removal of Certain Software.--It is unlawful for any covered entity-- (1) to prevent the reasonable efforts of an owner or authorized user of a protected computer from blocking the installation of a covered file-sharing program or file-sharing function thereof; or (2) to prevent an owner or authorized user of a protected computer from having a reasonable means to either-- (A) disable from the protected computer any covered file-sharing program; or (B) remove from the protected computer any covered file-sharing program that the covered entity caused to be installed on that computer or induced another individual to install. SEC. 3. ENFORCEMENT. (a) Unfair and Deceptive Acts and Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Federal Trade Commission Enforcement.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Preservation of Federal and State Authority.--Nothing in this Act shall be construed to limit or supersede any other Federal or State law. SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``commercial entity'' means an entity engaged in acts or practices in or affecting commerce, as such term is defined in section 4 of the Federal Trade Commission Act (15 U.S.C. 44); (2) the term ``covered entity'' means-- (A) a commercial entity that develops a covered file-sharing program; and (B) a commercial entity that disseminates or distributes a covered file-sharing program and is owned or operated by the commercial entity that developed the covered file-sharing program; (3) the term ``protected computer'' has the meaning given such term in section 1030(e)(2) of title 18, United States Code; and (4) the term ``covered file-sharing program''-- (A) means a program, application, or software that is commercially marketed or distributed to the public and that enables-- (i) a file or files on the protected computer on which such program is installed to be designated as available for searching by and copying to one or more other computers owned by another person; (ii) the searching of files on the protected computer on which such program is installed and the copying of any such file to a computer owned by another person-- (I) at the initiative of such other computer and without requiring any action by an owner or authorized user of the protected computer on which such program is installed; and (II) without requiring an owner or authorized user of the protected computer on which such program is installed to have selected or designated a computer owned by another person as the recipient of any such file; and (iii) the protected computer on which such program is installed to search files on one or more other computers owned by another person using the same or a compatible program, application, or software, and to copy files from the other computer to such protected computer; and (B) does not include a program, application, or software designed primarily to-- (i) operate as a server that is accessible over the Internet using the Internet Domain Name system; (ii) transmit or receive email messages, instant messaging, real-time audio or video communications, or real-time voice communications; or (iii) provide network or computer security, network management, hosting and backup services, maintenance, diagnostics, technical support or repair, or to detect or prevent fraudulent activities; and (5) the term ``initial activation of a file-sharing function'' means-- (A) the first time the file sharing function of a covered file-sharing program is activated on a protected computer; and (B) does not include subsequent uses of the program on that protected computer. SEC. 5. RULEMAKING. The Federal Trade Commission may promulgate regulations under section 553 of title 5, United States Code to accomplish the purposes of this Act. In promulgating rules under this Act, the Federal Trade Commission shall not require the deployment or use of any specific products or technologies. SEC. 6. NONAPPLICATION TO GOVERNMENT. The prohibition in section 2 of this Act shall not apply to the Federal Government or any instrumentality of the Federal Government, nor to any State government or government of a subdivision of a State. Passed the House of Representatives December 8, 2009. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Informed P2P User Act - (Sec. 2) Makes it unlawful for any commercial entity that developed a file sharing program or distributed such a program (if the distributor is owned by the developing entity) to install, make available for installation, or download a file sharing program without: (1) immediately before program installation or downloading, providing conspicuous notice that the program allows files to be searched and copied by one or more other computers and obtaining informed consent to the installation from an owner; and (2) immediately before initial activation of a file sharing function of the program, providing conspicuous notice of which files will be made available and obtaining the owner's informed consent. Exempts: (1) modifications or upgrades of a program that was originally installed in compliance with this Act, provided certain requirements are met; and (2) pre-installed software. Makes it unlawful for such an entity to prevent the reasonable efforts of an owner or authorized user to block the installation of such a program or to prevent such a user from having a reasonable way to disable or remove the program. (Sec. 3) Treats a violation of this Act as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. Prohibits construing this Act to limit or supersede any other federal or state law. (Sec. 4) Defines \"protected computer\" to include a computer used by a financial institution or the federal government or which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a way that affects U.S. interstate or foreign commerce. (Sec. 6) Makes this Act inapplicable to the federal or any state government or subdivision."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteed Health Coverage for Pre- Existing Conditions Act of 2014''. SEC. 2. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS. (a) Group Market.--Subpart 1 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended by striking section 2701 and inserting the following: ``SEC. 2701. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS. ``(a) In General.--A group health plan or a health insurance issuer offering group health insurance coverage may not impose any preexisting condition exclusion with respect to such plan or coverage. ``(b) Definitions.--For purposes of this section: ``(1) Preexisting condition exclusion.-- ``(A) In general.--The term `preexisting condition exclusion' means, with respect to a group health plan or health insurance coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment in such plan or for such coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before such date. ``(B) Treatment of genetic information.--Genetic information shall not be treated as a preexisting condition in the absence of a diagnosis of the condition related to such information. ``(2) Date of enrollment.--The term `date of enrollment' means, with respect to an individual covered under a group health plan or health insurance coverage, the date of enrollment of the individual in the plan or coverage or, if earlier, the first day of the waiting period for such enrollment. ``(3) Waiting period.--The term `waiting period' means, with respect to a group health plan and an individual who is a potential participant or beneficiary in the plan, the period that must pass with respect to the individual before the individual is eligible to be covered for benefits under the terms of the plan.''. (b) Individual Market.--Subpart 1 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended by adding at the end the following: ``SEC. 2746. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS OR OTHER DISCRIMINATION BASED ON HEALTH STATUS. ``The provisions of section 2701 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in the group market.''. SEC. 3. GUARANTEED AVAILABILITY OF COVERAGE. (a) Group Market.--Subpart 3 of part A of title XXVII of the Public Health Service Act is amended by striking section 2711 (42 U.S.C. 300gg-11) and inserting the following: ``SEC. 2711. GUARANTEED AVAILABILITY OF COVERAGE. ``(a) Guaranteed Issuance of Coverage in the Group Market.--Subject to subsection (b), each health insurance issuer that offers health insurance coverage in the group market in a State shall accept every employer and every individual in a group in the State that applies for such coverage. ``(b) Enrollment.-- ``(1) Restriction.--A health insurance issuer described in subsection (a) may restrict enrollment in coverage described in such subsection to open or special enrollment periods. ``(2) Establishment.--A health insurance issuer described in subsection (a) shall establish special enrollment periods for qualifying events (as such term is defined in section 603 of the Employee Retirement Income Security Act of 1974).''. (b) Individual Market.--Subpart 1 of part B of title XXVII of the Public Health Service Act is amended by striking section 2741 of such Act (42 U.S.C. 300gg-41) and inserting the following: ``SEC. 2741. GUARANTEED AVAILABILITY OF COVERAGE. ``The provisions of section 2711 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as such provisions apply to health insurance coverage offered to employers by a health insurance issuer in connection with health insurance coverage in the group market. For purposes of this section, the Secretary shall treat any reference of the word `employer' in such section as a reference to the term `individual'.''. SEC. 4. EFFECTIVE DATE CONTINGENT ON REPEAL OF PPACA. (a) In General.--Sections 2 and 3 and the amendments made by such section shall take effect upon the enactment of PPACA repeal legislation described in subsection (b) and such sections and amendments shall have no force or effect if such PPACA repeal legislation is not enacted. (b) PPACA Repeal Legislation Described.--For purposes of subsection (a), PPACA repeal legislation described in this subsection is legislation that-- (1) repeals Public Law 111-148, and restores or revives the provisions of law amended or repealed, respectively, by such Act as if such Act had not been enacted and without further amendment to such provisions of law; and (2) repeals title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and restores or revives the provisions of law amended or repealed, respectively, by such title or subtitle, respectively, as if such title and subtitle had not been enacted and without further amendment to such provisions of law.", "summary": "Guaranteed Health Coverage for Pre-Existing Conditions Act of 2014 - Amends the Public Health Service Act to maintain, upon repeal of the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010, the requirements that: (1) health insurance includes coverage for preexisting conditions; and (2) health insurers accept every employer and every individual in a group that applies for coverage in the group market and every individual that applies for coverage in the individual market."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Drinking Water Assistance Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) safe and clean drinking water is essential to the health, well-being, comfort, and standard of living of every person of the United States; (2) emerging contaminants in drinking water systems are increasingly being detected at low levels; (3) prolonged exposure to unregulated drinking water contaminants, including emerging contaminants, may pose human health risks, particularly to vulnerable populations; (4) the Safe Drinking Water Act (42 U.S.C. 300f et seq.), requires the Administrator of the Environmental Protection Agency-- (A) to periodically make regulatory determinations with respect to unregulated contaminants; and (B) not less frequently than once every 5 years, to identify and publish a description of unregulated contaminants that may require regulation; (5) in a 2011 report of the Government Accountability Office, the Comptroller General of the United States found, with respect to unregulated drinking water contaminants, that-- (A) the Administrator has made limited progress in prioritizing drinking water contaminants based on greatest public health concern; (B) the lack of data relating to the exposure of the public to potentially harmful drinking water contaminants and the related health effects of that exposure continues to limit the ability of the Administrator to make regulatory determinations; and (C) in many cases, gathering sufficient data to address contaminants awaiting regulatory determinations by the Administrator has taken the Administrator more than 10 years, and obtaining data on other contaminants that are currently awaiting regulatory determinations may take decades; (6) in the 2016 Drinking Water Action Plan of the Environmental Protection Agency, the Administrator recommended that the Government and key water stakeholders strengthen the effectiveness of drinking water health advisories through enhanced collaboration and increased focus on risk management and risk communication approaches; and (7) it is vital that legislators, regulatory officials, public water system owners and operators, scientists, and environmental advocacy groups continue to work to ensure that the public water systems of the United States are among the safest in the world. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Contaminant.--The term ``contaminant'' means any physical, chemical, biological, or radiological substance or matter in water. (3) Contaminant of emerging concern; emerging contaminant.--The terms ``contaminant of emerging concern'' and ``emerging contaminant'' mean a contaminant-- (A) for which the Administrator has not promulgated a national primary drinking water regulation; and (B) that may have an adverse effect on the health of individuals. (4) Federal research strategy.--The term ``Federal research strategy'' means the interagency Federal research strategy developed under section 4(c)(1)(A)(i). (5) Working group.--The term ``Working Group'' means the Working Group established under section 4(b)(1). SEC. 4. RESEARCH AND COORDINATION PLAN FOR ENHANCED RESPONSE ON EMERGING CONTAMINANTS. (a) In General.--The Administrator shall-- (1) review Federal efforts-- (A) to identify, monitor, and assist in the development of treatment methods for emerging contaminants; and (B) to assist States in responding to the human health challenges posed by contaminants of emerging concern; and (2) in collaboration with owners and operators of public water systems, States, and other interested stakeholders, establish a strategic plan for improving the Federal efforts referred to in paragraph (1). (b) Interagency Working Group on Emerging Contaminants.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator and the Secretary of Health and Human Services shall jointly establish a Working Group to coordinate the activities of the Federal Government to identify and analyze the public health effects of drinking water contaminants of emerging concern. (2) Membership.--The Working Group shall include representatives of the following: (A) The Environmental Protection Agency, appointed by the Administrator. (B) The following agencies, appointed by the Secretary of Health and Human Services: (i) The National Institutes of Health. (ii) The Centers for Disease Control and Prevention. (iii) The Agency for Toxic Substances and Disease Registry. (C) The United States Geological Survey, appointed by the Secretary of the Interior. (D) Any other Federal agency the assistance of which the Administrator determines to be necessary to carry out this subsection, appointed by the head of the respective agency. (3) Existing working group.--The Administrator may expand or modify the duties of an existing working group to perform the duties of the Working Group under this subsection. (c) National Emerging Contaminant Research Initiative.-- (1) Federal research strategy.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy (referred to in this subsection as the ``Director'') shall coordinate with the heads of the agencies described in subparagraph (C) to establish a National Emerging Contaminant Research Initiative that shall develop-- (i) an interagency Federal research strategy that specifies and prioritizes the short-term and long-term research necessary to improve the identification, analysis, monitoring, and treatment methods of contaminants of emerging concern; and (ii) any necessary program, policy, or budget to support the implementation of the Federal research strategy, including mechanisms for joint agency review of research proposals, for interagency cofunding of research activities, and for information sharing across agencies. (B) Research on emerging contaminants.--In carrying out subparagraph (A), the Director shall-- (i) take into consideration consensus conclusions from peer-reviewed, pertinent research on emerging contaminants; and (ii) in consultation with the Administrator, identify priority emerging contaminants for research emphasis. (C) Federal participation.--The agencies described in this subparagraph include-- (i) the National Science Foundation; (ii) the National Institutes of Health; (iii) the Environmental Protection Agency; (iv) the National Institute of Standards and Technology; (v) the United States Geological Survey; and (vi) any other Federal agency that contributes to research in water quality, environmental exposures, and public health, as determined by the Director. (D) Nongovernmental participation.--In carrying out subparagraph (A), the Director shall consult with nongovernmental organizations and science and research institutions determined by the Director to have scientific or material interest in the National Emerging Contaminant Research Initiative. (2) Implementation of research recommendations.-- (A) In general.--Not later than 1 year after the date on which the Director completes the Federal research strategy, the head of each agency described in paragraph (1)(C) shall-- (i) issue a solicitation for research proposals consistent with the Federal research strategy; and (ii) make grants to applicants that submit research proposals selected by the National Emerging Contaminant Research Initiative in accordance with subparagraph (B). (B) Selection of research proposals.--The National Emerging Contaminant Research Initiative shall select research proposals to receive grants under this paragraph on the basis of merit, using criteria identified by the Director, including the likelihood that the proposed research will result in significant progress toward achieving the objectives identified in the Federal research strategy. (C) Eligible entities.--Any entity or group of two or more entities may submit to the head of each agency described in paragraph (1)(C) a research proposal in response to the solicitation for research proposals described in subparagraph (A), including-- (i) State and local agencies; (ii) public institutions, including public institutions of higher education; (iii) private corporations; and (iv) nonprofit organizations. (d) Federal Assistance and Support for States.-- (1) Study.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator shall conduct a study on actions the Administrator can take to increase assistance and support for States that require testing facilities for emerging contaminants in drinking water samples. (B) Contents of study.--In carrying out the study described in subparagraph (A), the Administrator shall identify-- (i) methods to increase technical assistance on emerging contaminants to States, including identifying opportunities for States to improve communication with various audiences about the risks associated with emerging contaminants; (ii) means to facilitate access to qualified contract testing laboratory facilities that conduct analyses for emerging contaminants; and (iii) actions to be carried out at existing Federal laboratory facilities, including the research facilities of the Administrator, to provide analytical support for States that require testing facilities for emerging contaminants. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study described in paragraph (1). (3) Program to provide federal assistance to states.-- (A) In general.--Not later than 3 years after the date of enactment of this Act, based on the findings in the report described in paragraph (2), the Administrator shall develop a program to provide assistance to eligible States for the testing and analysis of emerging contaminants. (B) Application.-- (i) In general.--To be eligible for assistance under this paragraph, a State shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (ii) Criteria.--The Administrator shall evaluate an application for assistance under this paragraph on the basis of merit using criteria identified by the Administrator, including-- (I) the laboratory facilities available to the State; (II) the availability and applicability of existing analytical methodologies; (III) the potency and severity of the emerging contaminant, if known; and (IV) the prevalence and magnitude of the emerging contaminant. (iii) Prioritization.--In selecting States to receive assistance under this paragraph, the Administrator-- (I) shall give priority to States with affected areas primarily in financially distressed communities; and (II) may-- (aa) waive the application process in an emergency situation; and (bb) require an abbreviated application process for the continuation of past monitoring support. (C) Database of available resources.--The Administrator shall establish and maintain a database of resources available through the program developed under subparagraph (A) to assist States with testing for emerging contaminants that-- (i) is-- (I) available to States and stakeholder groups determined by the Administrator to have scientific or material interest in emerging contaminants, including-- (aa) drinking water and wastewater utilities; (bb) laboratories; (cc) Federal and State emergency responders; (dd) State primacy agencies; (ee) public health agencies; and (ff) water associations; (II) searchable; and (III) accessible through the website of the Administrator; and (ii) includes a description of-- (I) qualified contract testing laboratory facilities that conduct analyses for emerging contaminants; and (II) the resources available in Federal laboratory facilities to test for emerging contaminants. (D) Water contaminant information tool.--The Administrator shall integrate the database established under subparagraph (C) into the Water Contaminant Information Tool of the Environmental Protection Agency. (4) Funding.--The Administrator may request funding as necessary to carry out this subsection, but in no case shall funding to carry out this subsection exceed $15,000,000 in any fiscal year. (e) Report.--Not less frequently than biannually, the Administrator shall submit to Congress a report that describes the progress made in carrying out this Act. (f) Effect.--Nothing in this section modifies any obligation of a State, local government, or Indian tribe with respect to treatment methods for, or testing or monitoring of, drinking water.", "summary": "Safe Drinking Water Assistance Act of 2017 This bill addresses contaminants of emerging concern (emerging contaminants), which are not regulated under a national primary drinking water regulation and may have an adverse effect on human health. The Environmental Protection Agency (EPA) must review federal efforts to: (1) identify, monitor, and assist in the development of treatment methods for emerging contaminants; and (2) assist states in responding to the human health challenges posed by those contaminants. In addition, the EPA must establish a strategic plan for improving those efforts. The EPA and the Department of Health and Human Services must jointly establish an interagency working group to coordinate federal activities that identify and analyze the public health effects of emerging contaminants. The Office of Science and Technology Policy must establish a National Emerging Contaminant Research Initiative for developing an interagency federal research strategy that specifies and prioritizes the research necessary to improve the identification, analysis, monitoring, and treatment methods of emerging contaminants. Specified federal agencies must make grants for research proposals selected by the initiative as likely to result in significant progress toward achieving the strategy's objectives. The EPA must: (1) report on actions it may take to increase support for states that require testing facilities for emerging contaminants in drinking water samples; and (2) develop a program, based on the report's findings, to provide assistance to eligible states for the testing and analysis of emerging contaminants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Integrity Act''. SEC. 2. LIMITATIONS RELATING TO THE USE OF OFFICIAL TIME BY FEDERAL EMPLOYEES. Section 7131 of title 5, United States Code, is amended to read as follows: ``Sec. 7131. Official time ``(a) Except as otherwise provided in this section, an employee may not be granted official time in connection with any matter covered by this chapter. ``(b)(1) Subject to subsection (c), official time may be granted-- ``(A) to an employee representing an exclusive representative, but only for a purpose allowable under paragraph (2); or ``(B) to an employee in a unit represented by an exclusive representative (in a circumstance not covered by subparagraph (A)), but only for a purpose allowable under paragraph (3). ``(2) Official time may not be granted under paragraph (1)(A) to any employee, except-- ``(A) to allow such employee-- ``(i) to present or process a grievance on behalf of an employee in a unit represented by the exclusive representative; or ``(ii) to be present during a grievance proceeding involving an employee in a unit represented by the exclusive representative; or ``(B) in connection with any consultation or meeting with management officials officially requested or approved by the agency. ``(3) Official time may not be granted under paragraph (1)(B) to any employee, except-- ``(A) to allow such employee to present a grievance on the employee's own behalf under a negotiated grievance procedure; or ``(B) in connection with any consultation or meeting with management officials officially requested or approved by the agency. ``(c)(1) Official time under subsection (b) may be granted in any amount that the agency and the exclusive representative involved agree to be reasonable, necessary, and in the public interest, but only to the extent that, with respect to any employee, it would not cause the ratio of-- ``(A) the total amount of official time granted to such employee under subsection (b) for use during any period (specified under paragraph (2)), over ``(B) the total amount of time such employee would otherwise normally be in duty status during that same period (determined as if no official time had been granted for use during such period), to exceed 50 percent. ``(2) In order to carry out this subsection, the Authority shall by regulation specify an appropriate period of time, which-- ``(A) shall not exceed 12 months in duration; and ``(B) shall be uniformly applied by all agencies. ``(d) The Authority shall determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before the Authority shall be authorized official time for such purpose during the time the employee otherwise would be in a duty status. ``(e) Nothing in this section shall be considered to constitute authority for any official time to be granted to an employee for purposes of allowing such employee-- ``(1) to represent an exclusive representative in the negotiation of a collective bargaining agreement under this chapter, including to attend an impasse proceeding; or ``(2) to engage in any activity relating to the internal business of a labor organization, including the solicitation of membership, elections of labor organization officials, and collection of dues. Any activities described in paragraph (1) or (2) shall be performed during the time the employee is in a non-duty status. ``(f)(1) The Office of Personnel Management shall submit to the President and each House of the Congress, before March 1st of each calendar year, a report on the use of official time under this section. Each such report shall include, in the aggregate and by agency, with respect to the fiscal year last ending before the start of such calendar year-- ``(A) the total number of employees to whom official time was granted under this section; ``(B) the total number of employee-hours of official time granted under this section; and ``(C) the total costs attributable to official time granted under this section. ``(2) Agencies shall submit to the Office such data as the Office may by regulation require in connection with any report under this subsection.''. SEC. 3. EFFECTIVE DATE. This Act and the amendment made by this Act shall take effect as of the first day of the first fiscal year beginning at least 6 months after the date of the enactment of this Act, except that, whether or not this Act is enacted earlier than 6 months before the first day of a fiscal year-- (1) reports shall be required, in accordance with the provisions of section 7131(f) of title 5, United States Code (as set forth in section 2), beginning with the report next due under such provisions before the March 1st next occurring at least 5 months after the date of the enactment of this Act; and (2) for purposes of any report under paragraph (1) covering a fiscal year preceding the first fiscal year covered by subsections (a) through (e) of section 7131 of such title 5 (as amended by this Act)-- (A) section 7131(f) of such title (as set forth in section 2) shall be treated as if in effect as of the date of the enactment of this Act; and (B) any reference in such section 7131(f) to ``this section'' shall be treated as a reference to section 7131 of such title, as in effect before the effective date of this Act.", "summary": "Workplace Integrity Act - Amends Federal law to: (1) limit the amount of official time which may be used by Federal employees in connection with a grievance procedure; and (2) prohibit the use of official time by Federal employees in connection with the negotiation of a collective bargaining agreement. Directs the Office of Personnel Management (OPM) to submit to the President and each House of the Congress, before March 1 of each calendar year, a specified report on the use of official time under this Act. Requires that agencies shall submit to OPM such data as OPM may by regulation require in connection with any such report."}
{"article": "SECTION 1. TAX-EXEMPT FINANCING OF ALTERNATIVE MOTOR VEHICLE FACILITIES. (a) In General.--Subsection (a) of section 142 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or'' at the end of paragraph (14), (2) by striking the period at the end of paragraph (15) and inserting ``, or'', and (3) by inserting at the end the following new paragraph: ``(16) alternative motor vehicle facility.''. (b) Definition.--Section 142 of the Internal Revenue Code of 1986 is amended by inserting at the end the following new subsection: ``(n) Alternative Motor Vehicle Facility.-- ``(1) In general.--For purposes of subsection (a)(16), the term `alternative motor vehicle facility' means an automobile development and production facility which was built before 1981 and which through financing by the net proceeds of the issue is retrofitted or reconstructed to make such facility compatible for the development and production of qualified alternative motor vehicles or of qualified alternative motor vehicles and component parts for such vehicles. ``(2) Qualified alternative motor vehicles.--For purposes of paragraph (1), the term `qualified alternative motor vehicle' means any vehicle described in section 30B or 30D. ``(3) National limitation on amount of bonds.-- ``(A) National limitation.--The aggregate amount allocated by the Secretary under subparagraph (C) shall not exceed $12,000,000,000, of which not more than $4,000,000,000 may be allocated to any single taxpayer (determined under rules similar to the rules in paragraphs (6), (7), and (8) of section 179(d)). ``(B) Enforcement of national limitation.--An issue shall not be treated as an issue described in subsection (a)(16) if the aggregate face amount of bonds issued pursuant to such issue for any alternative motor vehicle facility (when added to the aggregate face amount of bonds previously so issued for such facility) exceeds the amount allocated to such facility under subparagraph (C). ``(C) Allocation by secretary.--The Secretary shall allocate the amount described in subparagraph (A) among State or local governments to finance alternative motor vehicle facilities located within the jurisdictions of such governments in such manner as the Secretary determines appropriate. ``(4) Special rules relating to expenditures.-- ``(A) In general.--An issue shall not be treated as an issue described in subsection (a)(16) unless at least 95 percent of the proceeds from the sale of the issue are to be spent for 1 or more facilities within the 5-year period beginning on the date of issuance. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the period described in subparagraph (A)(i), the Secretary may extend such period if the issuer establishes that the failure to satisfy the 5-year requirement is due to reasonable cause and the related facilities will continue to proceed with due diligence. ``(C) Failure to spend required amount of bond proceeds within 5 years.--To the extent that less than 95 percent of the proceeds of such issue are expended by the close of the 5-year period beginning on the date of issuance (or if an extension has been obtained under subparagraph (B), by the close of the extended period), the issuer shall use all unspent proceeds of such issue to redeem bonds of the issue within 90 days after the end of such period. ``(5) Exception for current refunding bonds.--Paragraph (3) shall not apply to any bond (or series of bonds) issued to refund a bond issued under subsection (a)(16) if-- ``(A) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(B) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(C) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. For purposes of subparagraph (A), average maturity shall be determined in accordance with section 147(b)(2)(A).''. (c) Conforming Amendment.--Section 146(g)(3) of the Internal Revenue Code of 1986 is amended by striking ``or (15)'' and inserting ``(15), or (16)''. (d) Effective Date.--The amendments made by this section shall apply with respect to bonds issued after December 31, 2007, and before January 1, 2013.", "summary": "Amends the Internal Revenue Code to allow the issuance of tax-exempt facility bonds through 2012 to make automobile development and production facilities built before 1981 compatible for the development and production of qualified alternative motor vehicles and component parts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Families Act''. SEC. 2. PERMANENT RESIDENT STATUS FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY MILITARY SERVICE PERSONNEL. (a) In General.--The Secretary of Homeland Security or the Attorney General shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien-- (1) applies for such adjustment; (2) is admissible to the United States as an immigrant, except as provided in subsection (d); (3) pays a fee in an amount determined by the Secretary for the processing of such application (unless such fee is waived by the Secretary); and (4) is physically present in the United States. (b) Aliens Eligible for Adjustment of Status.--The benefits provided under subsection (a) shall only apply to an alien who is-- (1) a parent, spouse, child, son, or daughter (and their spouse, child, son, or daughter, if any) of-- (A) a living Armed Forces member described in subsection (c); or (B) a deceased Armed Forces member described in subsection (c) if-- (i) the Armed Forces member died as a result of injury or disease incurred in or aggravated by the Armed Forces member's service; and (ii) the alien applies for such adjustment-- (I) if the death of the Armed Forces member occurred prior to the date of the enactment of this Act, not later than 2 years after the date of such enactment; or (II) if the death of the Armed Forces member occurred after the date of the enactment of this Act, not later than 2 years after the death of the Armed Forces member; or (2) a son or daughter described in paragraph (1) or (3) of section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) who has a Filipino parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 note). (c) Armed Forces Member Defined.--In this section, the term ``Armed Forces member'' means any person who-- (1) is, or was at the time of the person's death described in subsection (b)(1)(B)(i), a United States citizen or lawfully admitted for permanent residence; (2) is serving, or has served honorably on or after October 7, 2001, as a member of the National Guard or the Selected Reserve of the Ready Reserve, or in an active-duty status in the military, air, or naval forces of the United States; and (3) if separated from the service described in paragraph (2), was separated under honorable conditions. (d) Waiver of Certain Grounds of Inadmissibility.-- (1) In general.--The provisions of paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply to adjustment of status under this Act. (2) Additional waivers.--The Secretary of Homeland Security or the Attorney General may waive any other provision of section 212(a) of such Act (other than paragraph (2)(C) and subparagraphs (A), (B), (C), (E), and (F) of paragraph (3)) with respect to an adjustment of status under this Act-- (A) for humanitarian purposes; (B) to assure family unity; or (C) if such waiver is otherwise in the public interest. (e) Record of Adjustment.--Upon the approval of an application for adjustment of status under this Act, the Secretary of Homeland Security shall create a record of the alien's admission as an alien lawfully admitted for permanent residence. (f) No Offset in Number of Visas Available.-- (1) In general.--If an alien is lawfully admitted for permanent residence under this Act, the Secretary of State shall not reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (2) Exemption from direct numerical limitations.--Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F) Aliens who are described in paragraph (1) or (3) of section 203(a) and have a Filipino parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 note).''.", "summary": "Military Families Act - Directs the Secretary of Homeland Security or the Attorney General to adjust the status of an eligible alien to that of an alien lawfully admitted for permanent residence if the alien: (1) applies for adjustment (with a time limit for an alien applying as a family member of a deceased Armed Forces member); (2) is admissible to the United States as an immigrant; (3) pays the application fee (unless waived); and (4) is physically present in the United States. Applies such provision to an alien who is: (1) a parent, spouse, child, son, or daughter (and their spouse, child, son, or daughter, if any) of a living Armed Forces member or of a deceased Armed Forces member who died as a result of service-incurred injury or disease; or (2) a son or daughter of a Filipino parent who was naturalized based upon active duty World War II service in the Philippine Army, Philippine Scouts, or a recognized guerilla unit. Defines \"Armed Forces member\" as a person who: (1) is, or was at the time of the person's death, a U.S. citizen or lawfully admitted permanent resident; (2) is serving, or has served honorably on or after October 7, 2001, as a member of the National Guard or the Selected Reserve of the Ready Reserve, or in an active-duty status in the U.S. military; and (3) if separated from service was separated under honorable conditions. Waives specified grounds of inadmissibility and authorizes the waiver of additional grounds of inadmissibility."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing a Government Shutdown Act''. SEC. 2. AMENDMENT TO TITLE 31. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) If any regular appropriation bill for a fiscal year (or, if applicable, for each fiscal year in a biennium) does not become law before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, excluding any budget authority designated as an emergency or temporary funding for projects or activities that are not part of ongoing operations, to such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(A) the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year; or ``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; or ``(B) the last day of such fiscal year. ``(4) This section shall not provide funding for a new fiscal year to continue any project or activity which is funded under the provisions of this section at the end of the preceding fiscal year until the enactment of a regular appropriation Act or joint resolution making continuing appropriations for such project or activity during such new fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law. ``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(f) For purposes of this section, the term `regular appropriation bill' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(1) Agriculture, rural development, Food and Drug Administration, and related agencies programs. ``(2) The Department of Defense. ``(3) Energy and water development, and related agencies. ``(4) State, foreign operations, and related programs. ``(5) The Department of Homeland Security. ``(6) The Department of the Interior, Environmental Protection Agency, and related agencies. ``(7) The Departments of Labor, Health and Human Services, and Education, and related agencies. ``(8) Military construction, veterans affairs, and related agencies. ``(9) Science, the Departments of State, Justice, and Commerce, and related agencies. ``(10) The Departments of Transportation, Housing and Urban Development, and related agencies. ``(11) The Legislative Branch. ``(12) Financial services and general Government.''. (b) Clerical Amendment.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. (c) Effective Date.--The amendment made by this section shall apply to fiscal years beginning fiscal year 2011.", "summary": "Preventing a Government Shutdown Act - Provides for automatic continuing appropriations if a regular appropriation bill for a fiscal year (or if applicable, for each fiscal year in a biennium) does not become law or a joint resolution making continuing appropriations is not in effect."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``SMA Treatment Acceleration Act of 2009''. SEC. 2. CLINICAL TRIALS NETWORK FOR SPINAL MUSCULAR ATROPHY. Part B of title IV of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 409J. CLINICAL TRIALS NETWORK FOR SPINAL MUSCULAR ATROPHY. ``(a) Clinical Trials Network.--The Director of NIH, in coordination with the Directors of the National Institute of Neurological Disorders and Stroke, the National Institute of Child Health and Human Development, and such other Institutes and Centers as specified by the Director shall provide for the upgrading and unification of spinal muscular atrophy clinical trial sites and the recruitment of new investigators and sites to establish a national clinical trials network for spinal muscular atrophy. The Director of NIH shall ensure that such network-- ``(1) conducts coordinated, multisite, clinical trials of therapies and clinical approaches to the treatment of spinal muscular atrophy; and ``(2) rapidly and efficiently disseminates scientific findings to the field. ``(b) Data Coordinating Center.--The Director of NIH, in coordination with the Commissioner of Food and Drugs and the Directors of the National Institute of Neurological Disorders and Stroke, the National Institute of Child Health and Human Development, and such other Institutes and Centers as specified by the Director, shall establish a data coordinating center with respect to spinal muscular atrophy to-- ``(1) provide expert assistance in the design, conduct, data analysis, data management, and data warehousing of collaborative clinical and descriptive research projects; ``(2) organize and conduct multi-site monitoring activities; ``(3) provide regular reports to the National Institute of Neurological Disorders and Stroke, the National Institute of Child Health and Human Development, such other Institutes and Centers as specified by the Director, and the Food and Drug Administration on enrollment and the allocation of resources; and ``(4) conduct such other activities as are deemed necessary by the Secretary. ``(c) Pre-Clinical Activities.--The Director of NIH, in coordination with the Directors of the National Institute of Neurological Disorders and Stroke and the National Institute of Child Health and Human Development, shall expand and intensify programs of such Institutes with respect to pre-clinical translation research related to spinal muscular atrophy.''. SEC. 3. NATIONAL PATIENT REGISTRY. Part P of title III of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 399S. NATIONAL SPINAL MUSCULAR ATROPHY PATIENT REGISTRY. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Director of the NIH, shall enhance and provide ongoing support to a spinal muscular atrophy patient registry to provide for expanded epidemiological research towards improving awareness, management, treatment, and prevention of spinal muscular atrophy. ``(b) Longitudinal Data.--In carrying out subsection (a), the Secretary shall ensure the collection and analysis of longitudinal data related to individuals of all ages with spinal muscular atrophy, including infants, young children, adolescents, and adults of all ages.''. SEC. 4. INTERAGENCY SPINAL MUSCULAR ATROPHY RESEARCH COORDINATING COMMITTEE. Part B of title IV of the Public Health Service Act, as amended by section 2, is further amended by adding at the end the following new section: ``SEC. 409K. INTERAGENCY SPINAL MUSCULAR ATROPHY RESEARCH COORDINATING COMMITTEE. ``(a) Establishment.--Not later than 6 months after the date of the enactment of this section, the Secretary shall establish a committee, to be known as the Interagency Spinal Muscular Atrophy Research Coordinating Committee (in this section referred to as the `Committee'). ``(b) Duties.--The Committee shall-- ``(1) share and coordinate information on existing research activities, and make recommendations to the National Institutes of Health and other Federal agencies regarding how to improve existing research programs, that are related to spinal muscular atrophy research and other related neurological diseases and disorders; ``(2) develop a comprehensive strategy related to spinal muscular atrophy research and other related neurological diseases and disorders and advise the National Institutes of Health and other Federal agencies, expanding proposals for collaborative, multidisciplinary research, including proposals for Common Fund research described in section 402(b)(7) and other proposals that involve collaboration between 2 or more national research institutes or national centers; ``(3) provide annual reports to the Secretary regarding the National Institutes of Health and other Federal agencies' collaborative multidisciplinary research efforts to support spinal muscular atrophy, including the Spinal Muscular Atrophy Project at the National Institute of Neurological Disorders and Stroke, the ongoing and future research needs to advance therapies for spinal muscular atrophy, and recommendations on how to strengthen the collaboration of research activities by the institutes and agencies to improve the results; ``(4) develop a summary of advances in research related to spinal muscular atrophy research and other related neurological diseases and disorders research supported or conducted by Federal agencies; and ``(5) not later than 1 year after the date of the establishment of the Committee, make recommendations to the Secretary-- ``(A) regarding any appropriate changes to research activities, including recommendations to improve the research portfolio of the National Institutes of Health to ensure that scientifically-based strategic planning is implemented in support of research priorities that impact research activities related to spinal muscular atrophy and other related neurological diseases and disorders; ``(B) identifying barriers to the development of new treatments and cures for spinal muscular atrophy and other related neurological diseases and disorders; ``(C) regarding public participation in decisions relating to spinal muscular atrophy research and other related neurological diseases and disorders to increase the involvement of patient advocacy and community organizations representing a broad geographical area; ``(D) on how best to disseminate information on spinal muscular atrophy progress; and ``(E) on how to expand partnerships between public entities, including Federal agencies, and private entities to expand collaborative, cross-cutting research. ``(c) Rule of Construction.--In carrying out the duties described in subsection (b) with respect to research on spinal muscular atrophy, nothing in this section shall be construed to restrict the Secretary from including other neurological or genetic disorders, as appropriate, in such research if doing so may advance research in spinal muscular atrophy or other related neurological diseases and disorders. ``(d) Membership.-- ``(1) In general.--The Committee shall be composed of the following voting members: ``(A) Not more than 11 voting Federal representatives as follows: ``(i) The Director of the Centers for Disease Control and Prevention. ``(ii) The Director of the National Institutes of Health and the directors of such national research institutes and national centers (which shall include the National Institute of Neurological Disorders and Stroke, the National Institute of Child Health and Human Development, and the National Center for Research Resources) as the Secretary determines appropriate. ``(iii) The Commissioner of Food and Drugs. ``(iv) The heads of such other agencies and advisory committees as the Secretary determines appropriate, including the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, and the Advisory Committee on Heritable Disorders and Genetic Diseases in Newborns and Children. ``(v) Representatives of other Federal agencies that conduct or support neurological research, or provide support services and resources for individuals with spinal muscular atrophy, such as the Department of Education and the Social Security Administration. ``(B) 9 additional voting members appointed under paragraph (2). ``(2) Additional members.--The Committee shall include additional voting members appointed by the Secretary as follows: ``(A) 6 members shall be appointed from among scientists, physicians, and other health professionals, who-- ``(i) are not officers or employees of the United States; ``(ii) represent multiple disciplines, including clinical, basic, and public health sciences; ``(iii) represent different geographical regions of the United States; ``(iv) are from practice settings, academia, or other research settings; and ``(v) are experienced in scientific peer review process. ``(B) 3 members shall be appointed from members of the general public, who represent individuals with spinal muscular atrophy. ``(3) Nonvoting members.--The Committee shall include such nonvoting members as the Secretary determines to be appropriate. ``(e) Chairperson.--The voting members of the Committee shall select a chairperson from among the Federal members of the Committee described in subsection (d)(1)(A). The selection of a chairperson may be subject to the approval of the Secretary. The chairperson shall serve for a term of not to exceed 2 years, but may be re-elected as provided for in the first sentence. ``(f) Meetings.--The Committee shall meet at the call of the chairperson of the Committee or upon the request of the Secretary, but in no case less often than once each year. ``(g) Review.--In 2012, and biennially thereafter, the Secretary shall review the necessity of the Committee.''. SEC. 5. EDUCATION AND AWARENESS ON SMA FOR HEALTH CARE PROFESSIONALS. Part P of title III of the Public Health Service Act, as amended by section 3, is further amended by adding at the end the following new section: ``SEC. 399T. INFORMATION AND EDUCATION ON SMA. ``The Secretary shall establish and implement a program to provide information and education on spinal muscular atrophy to health professionals and the general public, including information and education on advances in the screening, diagnosis, and treatment of spinal muscular atrophy and training and continuing education through programs for scientists, physicians, medical students, and other health professionals who provide care for patients with spinal muscular atrophy.''.", "summary": "SMA Treatment Acceleration Act of 2009 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to establish a national clinical trials network for spinal muscular atrophy by upgrading and unifying spinal muscular atrophy clinical trial sites and recruiting new investigators and sites. Requires the Director to ensure that such network: (1) conducts coordinated, multisite, clinical trials of therapies and clinical approaches to the treatment of spinal muscular atrophy; and (2) rapidly and efficiently disseminates scientific findings to the field. Requires the Director to: (1) establish a data coordinating center with respect to spinal muscular atrophy; and (2) expand and intensify NIH programs with respect to preclinical translation research related to spinal muscular atrophy. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance and support a spinal muscular atrophy patient registry to provide for expanded epidemiological research towards improving awareness, management, treatment, and prevention of spinal muscular atrophy. Requires the Secretary to ensure the collection and analysis of longitudinal data related to individuals of all ages. Directs the Secretary to establish the Interagency Spinal Muscular Atrophy Research Coordinating Committee. Sets forth the duties of the Committee, including to develop a comprehensive strategy related to spinal muscular atrophy research and other related neurological diseases and disorders. Requires the Secretary to establish a program to provide information and education on spinal muscular atrophy to health professionals and the general public."}
{"article": "SECTION 1. PURPOSE. The purpose of this Act is to increase telecommunications ownership opportunities for small businesses, including small businesses owned or controlled by socially disadvantaged individuals, through Small Business Administration participation in a market-oriented restructuring of the credit aspects of Federal Communications Commission telecommunications spectrum auctions. SEC. 2. ASSOCIATE ADMINISTRATOR FOR TELECOMMUNICATIONS FINANCE. (a) In General.--Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended-- (1) in the fifth sentence, by striking ``five'' and inserting ``six''; and (2) by adding at the end the following new sentence: ``One of the Associate Administrators shall be designated at the time of appointment as the Associate Administrator for Telecommunications Finance and shall have the qualifications and responsibilities specified in subsection (g).''. (b) Qualifications and Responsibilities.--Section 4 of the Small Business Act (15 U.S.C. 633) is amended by adding at the end the following new subsection: ``(g) Associate Administrator for Telecommunications Finance.-- ``(1) In general.--The Associate Administrator for Telecommunications Finance-- ``(A) shall be an employee in the competitive service or in the Senior Executive Service and a career appointee; ``(B) shall be responsible to the Administrator for the supervision and management of financing in the area of telecommunications, including the programs and other activities under section 38 and section 39; ``(C) shall establish, with respect to telecommunications concerns, the detailed definitions or standards referred to in section 3(a)(2); ``(D) shall have authority-- ``(i) to prescribe maximum amounts for loan guarantees under any program under section 38 or 39; ``(ii) to approve all loan guarantees in telecommunications; and ``(iii) to approve all direct loans under section 38(a)(1); and ``(E) in addition to any other duties under this Act, shall have authority to approve loan guarantees under section 7(a) with respect to Federal Communications Commission spectrum licenses acquired in the secondary market. ``(2) Neutrality in choice of program by applicant for loan or loan guarantee.--In the administration of the Telecommunications Spectrum Installment Loan Program under section 38 and the Telecommunications Accelerated Certified Lender Program under section 39, the Associate Administrator for Telecommunications Finance shall observe strict neutrality as to the choice that a potential applicant may make as to the appropriateness of a program for the applicant. The choice of one program over the other shall be solely that of the applicant and the Associate Administrator shall neither encourage nor discourage any applicant in that choice.''. SEC. 3. SMALL BUSINESS ADMINISTRATION FINANCING FOR ENTREPRENEUR PARTICIPATION IN TELECOMMUNICATIONS SPECTRUM AUCTIONS CONDUCTED BY FEDERAL COMMUNICATIONS COMMISSION. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 37 as section 40; and (2) by inserting after section 36 the following new sections: ``SEC. 37. TELECOMMUNICATIONS FINANCE OFFICE. ``(a) In General.--There is established, within the Administration, an office to perform functions relating to the policies and programs of the Administration with respect to financing in the area of telecommunications. The office-- ``(1) shall be known as the `Telecommunications Finance Office'; ``(2) shall be headed by the Associate Administrator for Telecommunications Finance under section 4(g); ``(3) shall be staffed by employees who are from diverse backgrounds and who are highly skilled in the areas of telecommunications technology and telecommunications financing; and ``(4) shall be the principal entity within the Administration for implementation of the programs under sections 38 and 39. ``(b) Funding.--The expenses of the Telecommunications Finance Office shall be paid from the Telecommunications Loan Guarantee Fund, established under section 715 of the Communications Act of 1934. ``SEC. 38. TELECOMMUNICATIONS SPECTRUM INSTALLMENT LOAN PROGRAM. ``(a) In General.--There is established a program, to be known as the `Telecommunications Spectrum Installment Loan Program', under which the Administrator-- ``(1) shall make direct loans to qualified telecommunications borrowers for acquisition of spectrum licenses through Federal Communications Commission auction; and ``(2) shall guarantee loans to qualified telecommunications borrowers for telecommunications equipment and working capital in connection with any acquisition referred to in paragraph (1). ``(b) Direct Loan Conditions.-- ``(1) Limitation on disbursement.--The Administrator may not disburse any loan amount under subsection (a)(1) if the cost of the license involved exceeds the approved loan amount plus, as determined by the Administrator, cash available to the applicant for the purpose of paying the difference between the approved loan amount and the cost of the license. ``(2) Interest at market rate.--The rate of interest on a loan shall be the prime interest rate or such other competitive market rate as the Administrator determines to be appropriate. ``(3) Interest-only period.--The Administrator, in accordance with criteria established by regulation, may provide, on a case-by-case basis, for an initial period during which a borrower under subsection (a)(1) shall pay interest only. In the case of such a determination, loan principal shall be amortized over the remainder of the loan term. The maximum interest-only period under this paragraph is 6 years. ``(4) Maximum loan term.--The term of any loan under subsection (a)(1) may not exceed the term of the spectrum license involved. ``(c) Loan Guarantee Condition.--The Administrator may make loan guarantees under subsection (a)(2) to a borrower under subsection (a)(1) only for telecommunications equipment and working capital necessary to carry out the terms of the license to be financed. ``(d) Security Interest and Forced Sale Conditions for Direct Loans and Loan Guarantees.--The Administrator shall require, as a condition of any direct loan under subsection (a)(1) and any loan guarantee under subsection (a)(2), that-- ``(1) any disbursement of a loan amount be fully protected by a secured interest in the proceeds of a sale or other assignment of the license involved; and ``(2) the loan agreement contain specific measures by which, in the case of a default by the borrower, the lender may require the borrower to sell or otherwise assign the license. ``(e) General Applicability; Waiver Exception.--Loans and loan guarantees under this section shall be subject to all otherwise applicable provisions of this Act, except that the Administrator may waive any limitation on the amount of an individual loan or loan guarantee or on the total amount of loans or loan guarantees to a single borrower. ``(f) Treasury Account.--The Administrator shall notify the Secretary of the Treasury of each loan transaction entered into under subsection (a)(1). Upon receipt of notice under the preceding sentence, the Secretary shall establish an account in the Treasury for the loan. ``(g) Definitions.--As used in this section-- ``(1) the term `qualified telecommunications borrower' means a small business concern that, as determined by the Administrator, has, in addition to the other requirements of this Act, a level of specialized telecommunications expertise (including technical knowledge, business skill, and management experience) that is appropriate for the purpose for which the loan or guarantee involved is made; and ``(2) the term `Administrator' means the Administrator, acting through the Associate Administrator for Telecommunications Finance. ``(h) Collection of Data.--The Administrator shall collect data with respect to the operation of the program under this section. The data so collected-- ``(1) shall be accumulated on a calendar year basis; ``(2) shall be maintained in an electronic database; ``(3) shall include information on the ethnicity, race, and sex of all applicants, whether the applications involved are approved, denied, withdrawn, or otherwise disposed of; and ``(4) shall include other information that, as determined by the Administrator, is relevant to the disposition of applications. ``(i) Report.--Not later than December 31 of each year, the Administrator shall submit to the Congress a report, with respect to the preceding calendar year, of the status of the program under this section. The report shall include-- ``(1) a statistical analysis (without personal identifying information) of the diversity characteristics of applicants and borrowers under the program; and ``(2) a probability analysis with respect to the diversity of applicants who receive loans under the program. ``SEC. 39. TELECOMMUNICATIONS ACCELERATED CERTIFIED LENDER PROGRAM. ``(a) In General.--There is established a program, to be known as the `Telecommunications Accelerated Certified Lender Program', under which the Administrator-- ``(1) shall guarantee loans made to qualified telecommunications borrowers-- ``(A) for acquisition of spectrum licenses through Federal Communications Commission auction; and ``(B) for acquisition of spectrum licenses in the secondary market for licenses originally acquired through Federal Communications Commission auction; and ``(2) shall guarantee loans made to qualified telecommunications borrowers for telecommunications equipment and working capital in connection with any acquisition referred to in paragraph (1). ``(b) Funding.--The expenses of loan guarantees under subsection (a) shall be paid from the Telecommunications Loan Guarantee Fund, established under section 715 of the Communications Act of 1934. ``(c) Approved Lenders.--Loans guaranteed under this section shall be made by lenders that are insured depositary institutions and are approved by the Administrator. In evaluating an institution for approval, the Administrator shall take into consideration the financial stability of the institution, the experience and expertise of the institution in lending to telecommunications borrowers, and the need for diversity in the management and ownership of approved institutions. ``(d) Loan Guarantee Conditions.-- ``(1) Limitation on disbursement.--The Administrator shall require, as a condition of any loan guarantee under subsection (a)(1), that the lender may not disburse any loan amount if the cost of the license involved exceeds the approved loan amount plus, as determined by the Administrator, cash available to the applicant for the purpose of paying the difference between the approved loan amount and the cost of the license. ``(2) Security interest and forced sale requirements.--The Administrator shall require, as a condition of any loan guarantee under subsection (a), that-- ``(A) any disbursement of a loan amount be fully protected by a secured interest in the proceeds of a sale or other assignment of the license involved; and ``(B) the loan agreement contain specific measures by which, in the case of a default by the borrower, the lender may require the borrower to sell or otherwise assign the license. ``(e) General Applicability; Waiver Exception.--Loan guarantees under this section shall be subject to all otherwise applicable provisions of this Act, except that the Administrator may waive any limitation on the amount of an individual loan guarantee or on the total amount of loan guarantees to a single borrower. ``(f) Definitions.--As used in this section-- ``(1) the term `qualified telecommunications borrower' means a small business concern that, as determined by the Administrator, has, in addition to the other requirements of this Act, a level of specialized telecommunications expertise (including technical knowledge, business skill, and management experience) that is appropriate for the purpose for which the loan or guarantee involved is made; and ``(2) the term `Administrator' means the Administrator, acting through the Associate Administrator for Telecommunications Finance. ``(g) Collection of Data.--The Administrator shall collect data with respect to the operation of the program under this section. The data so collected-- ``(1) shall be accumulated on a calendar year basis; ``(2) shall be maintained in an electronic database; ``(3) shall include information on the ethnicity, race, and sex of all applicants, whether the applications involved are approved, denied, withdrawn, or otherwise disposed of; and ``(4) shall include other information that, as determined by the Administrator, is relevant to the disposition of applications. ``(h) Report.--Not later than December 31 of each year, the Administrator shall submit to the Congress a report, with respect to the preceding calendar year, of the status of the program under this section. The report shall include-- ``(1) a statistical analysis (without personal identifying information) of the diversity characteristics of applicants and borrowers under the program; and ``(2) a probability analysis with respect to the diversity of applicants who receive loans under the program.''. SEC. 4. TELECOMMUNICATIONS LOAN GUARANTEE FUND. (a) In General.--Title VII of the Communications Act of 1934 is amended by inserting after section 714 (42 U.S.C. 614) the following new section: ``SEC. 715. TELECOMMUNICATIONS LOAN GUARANTEE FUND. ``(a) Establishment.-- ``(1) In general.--There is hereby established the Telecommunications Loan Guarantee Fund (hereafter in this section referred to as the `Fund') in the Department of the Treasury under the control of the Secretary of the Treasury (hereafter in this section referred to as the `Secretary'). ``(2) Initial capitalization of fund.--The first $10,000,000,000 of proceeds received from the auction of spectrum licenses by the Federal Communications Commission after the date of the enactment of this section shall be deposited in the Fund and shall constitute the capitalization of the Fund. ``(b) Maintenance of Fund.-- ``(1) In general.--Amounts in the Fund shall be deposited by the Secretary in depositaries designated by the Secretary which have also been designated by the Telecommunications Finance Office of the Small Business Administration as certified telecommunications lenders. ``(2) Interest.--Interest paid by depositaries on amounts deposited in accordance with paragraph (1) shall be deposited in the Fund and be available for the purposes of the Fund. ``(c) Purpose of Fund.--Amounts in the Fund shall be available to meet any obligation of the Small Business Administration arising under a loan guarantee issued by the Telecommunications Finance Office of the Small Business Administration in connection with a loan under section 38(a)(2) or section 39(a) of the Small Business Act.''. SEC. 5. PARTICIPATION IN SPECTRUM AUCTIONS. Section 309(j)(5) of the Communications Act of 1934 (47 U.S.C. 309(j)(5)) is amended-- (1) by striking ``No person'' and inserting the following: ``(A) In general.--No person''; and (2) by adding at the end the following: ``(B) Qualified telecommunications borrowers.--With respect to any person that meets the qualification requirements of this paragraph and that is a qualified telecommunications borrower under section 38 or 39 of the Small Business Act, the Commission shall accept, in lieu of any upfront payment or earnest money deposit required by Commission regulation, a letter of credit provided to such borrower under such section that equals or exceeds the amount of such required payment or deposit. In any competitive bidding conducted under this subsection in which the Commission identifies any such qualified telecommunications borrower as the high bidder at the time of declaring that the bidding has closed, the Commission shall notify the Administrator of the Small Business Administration of the identity of such bidder, the amount of the high bid, and the total amount required to be deposited with the Commission to qualify for the award of the license under Commission regulations. In the case of a qualified telecommunications borrower under section 38, the amount of such deposit may be satisfied by debiting the loan account of the borrower at the Treasury.''.", "summary": "Amends the Small Business Act to establish within the Small Business Administration (SBA) an Associate Administrator for Telecommunications Finance (Associate Administrator) to supervise and manage SBA financing in the area of telecommunications. Authorizes the Associate Administrator to approve SBA loan guarantees with respect to Federal Communications Commission (FCC) spectrum licenses (for radio and television broadcasting) acquired in the secondary market. Establishes a Telecommunications Finance Office. Establishes the Telecommunications Spectrum Installment Loan Program to: (1) make direct loans to qualified telecommunications borrowers (borrowers) for the acquisition of spectrum licenses through FCC auction; and (2) guarantee loans to borrowers for telecommunications equipment and working capital in connection with spectrum license acquisitions. Establishes the Telecommunications Accelerated Certified Lender Program for the guarantee by certified lenders of loans made to borrowers for: (1) the acquisition of spectrum licenses through either FCC auction or the secondary market; and (2) telecommunications equipment and working capital in connection with spectrum license acquisitions. Requires certified lenders to be insured depository institutions approved by the SBA. Amends the Communications Act of 1934 to: (1) establish the Telecommunications Loan Guarantee Fund for financing loans authorized under this Act; and (2) require the FCC, with respect to FCC spectrum auctions, to accept from a borrower a letter of credit in lieu of any upfront payment or other earnest money required by FCC regulation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear and Terrorism Threat Reduction Act of 2002''. SEC. 2. ENHANCING THREAT REDUCTION. (a) Statement of Policy.-- (1) It is the policy of the United States to work cooperatively with the Russian Federation in order to prevent the diversion of weapons of mass destruction and materials relating thereto, including nuclear, biological, and chemical weapons, as well as the scientific and technical expertise necessary to design and build weapons of mass destruction. (2) With respect to enhancing threat reduction, there should be three primary objectives, as stated in the President's review of 30 different United States-Russia cooperative programs, as follows: (A) To ensure that existing United States cooperative non-proliferation programs with the Russian Federation are focused on priority threat reduction and non-proliferation goals, and are conducted as efficiently and effectively as possible. (B) To examine what new initiatives might be undertaken to further United States threat reduction and non-proliferation goals. (C) To consider organizational and procedural changes designed to ensure a consistent and coordinated United States Government approach to cooperative programs with the Russian Federation on the reduction of weapons of mass destruction and prevention of their proliferation. (3) The goal of United States programs to assist the Russian Federation should be to have them work well, be focused on priority tasks, and be well managed. (4) In order to further cooperative efforts, the following key programs should be expanded: (A) The Department of Energy Material Protection, Control and Accounting (MPC&A) program to assist the Russian Federation secure and consolidate weapons-grade nuclear material. (B) The Department of Energy Warhead and Fissile Material Transparency Program. (C) The International Science and Technology Center (ISTC). (D) The Redirection of Biotechnical Scientists program. (E) The Department of Defense Cooperative Threat Reduction project to construct a chemical weapons destruction facility at Shchuch'ye, Russia, to enable its earliest completion at no increased expense. (5) Other programs should be adjusted, refocused, or reexamined, including-- (A) approaches to the current plutonium disposition program in the Russian Federation, in order to make the program less costly and more effective; (B) the project to end production by the Russian Federation of weapons-grade plutonium, in order to transfer the project from the Department of Defense to the Department of Energy; (C) consolidation of the Department of Energy's Nuclear Cities Initiative (NCI) with the Initiative for Proliferation Prevention (IPP), with a focus on projects to assist the Russian Federation in reduction of its nuclear warheads complex; and (D) acceleration of the Department of Energy's Second Line of Defense program to assist the Russian Federation install nuclear detection equipment at border posts. (b) Increased Funding of Certain Key Programs.--In order to guarantee that the United States-Russia non-proliferation and threat reduction efforts operate as efficiently as possible, certain key programs should receive additional funding above current levels, including-- (1) the United States-Russia Highly Enriched Uranium Purchase Agreement; (2) the Second Line of Defense program; (3) the Initiatives for Proliferation Prevention; (4) the Fissile Materials Disposition program; (5) the Redirection of Biotechnical Scientists program; (6) the Department of Energy Material Protection, Control, and Accounting (MPC&A) program; (7) the International Science and Technology Center; and (8) the Warhead and Fissile Material Transparency program. (c) Report.--Not later than six months after the date of enactment of this Act, the President shall submit to Congress a report containing recommendations on how to enhance the implementation of United States- Russia non-proliferation and threat reduction programs, which shall include-- (1) recommendations on how to improve and streamline the contracting and procurement practices of those programs; and (2) a listing of impediments to the efficient and effective implementation of those programs. SEC. 3. COMPREHENSIVE INVENTORIES AND DATA EXCHANGES BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION ON WEAPONS-GRADE MATERIAL AND NUCLEAR WEAPONS. (a) Findings.--Congress finds that inventories of weapons-grade material and warheads should be tracked in order, among other things-- (1) to make it more likely that the Russian Federation can fully account for its entire inventory of weapons-grade material and assembled weapons; and (2) to make it more likely that the sources of any material or weapons possessed or used by any foreign state or terrorist organization can be identified. (b) Statement of Policy.--It is the policy of the United States to establish jointly with the Russian Federation comprehensive inventories and data exchanges of Russian and United States weapons-grade material and assembled warheads, with particular attention to tactical, or ``nonstrategic'' warheads, one of the most likely weapons a terrorist organization or terrorist state would attempt to acquire, and with particular attention focused on weapons that have been removed from deployment. (c) Assistance in Developing Comprehensive Inventories.-- Notwithstanding any other provision of law, the United States Government shall work with the Russian Federation to develop comprehensive inventories of Russian weapons-grade plutonium and highly enriched uranium programs and assembled warheads, with special attention to be focused on tactical warheads and warheads that have been removed from deployment. (d) Data Exchanges.--As part of this process, to the maximum extent practicable, without jeopardizing United States national security interests, the United States is authorized to enter into ongoing data exchanges with the Russian Federation on categories of material and weapons described in subsection (c). (e) Report.--Not later than six months after the date of enactment of this Act, and annually thereafter until a comprehensive inventory is created and the information collected from the inventory exchanged between the governments of the United States and the Russian Federation, the President shall submit to Congress a report, in both an unclassified and classified form as necessary, describing the progress that has been made toward that objective. SEC. 4. COMMISSION TO ASSESS THE TRANSITION FROM MUTUALLY ASSURED DESTRUCTION (MAD) TO MUTUALLY ASSURED SECURITY (MAS). (a) Statement of Policy.--With the end of the Cold War more than a decade ago, with the United States and the Russian Federation fighting together against global terrorism, and with the Presidents of the United States and the Russian Federation agreeing to establish ``a new strategic framework to ensure the mutual security of the United States and Russia, and the world community'', the United States and the Russian Federation should increase significantly their efforts to put dangerous and unnecessary elements of the Cold War to rest. (b) Establishment.--In order to assist with the policy expressed in subsection (a), the President is authorized to conclude an agreement with the Russian Federation for the establishment of a Joint United States-Russia Commission to Assess the Transition from Mutual Assured Destruction (MAD) to Mutual Assured Security (MAS) (in this section referred to as the ``Commission''). (c) Composition.--The United States delegation of the Commission shall consist of 13 members appointed by the President, as follows: (1) Three members, after consultation with the Speaker of the House of Representatives. (2) Three members, after consultation with the Majority Leader of the Senate. (3) Two members, after consultation with the Minority Leader of the House of Representatives. (4) Two members, after consultation with the Minority Leader of the Senate. (5) Two members as the President may determine. (d) Qualifications.--The United States members of the Commission shall be appointed from among private United States citizens with knowledge and expertise in United States-Russia strategic stability issues. (e) Chair.--The chair of the Commission should be chosen by consensus from among the members of the Commission. (f) Russian Commission.--The President should make every effort to encourage the Government of the Russian Federation to appoint a Russian Federation delegation of the Commission that would jointly meet and discuss the issues described in subsection (g). (g) Duties of the Commission.--The duties of the Commission should include consideration of how-- (1) to ensure that the reduction of strategic nuclear weapons announced by the United States and the Russian Federation in November 2001 take effect in a rapid, safe, verifiable and irreversible manner; (2) to preserve and enhance START I monitoring and verification mechanisms; (3) to develop additional monitoring and verification mechanisms; (4) to preserve the benefits of the unratified START II agreement, especially those measures that affect strategic stability; (5) to ensure the safety of warheads removed from deployment; (6) to safely and verifiably dismantle warheads in excess of the ceiling established by the President Bush at the November 2001 United States-Russia summit; (7) to begin a new high-level dialogue to discuss United States and Russian Federation proposals for a global and theater level missile defense systems; (8) to extend presidential decision-making time as it relates to nuclear weapons operations; (9) to improve Russian-American cooperative efforts to enhance strategic early warning, including but not limited to the Joint Data Exchange Center and the Russian-American Observation Satellite; and (10) to increase cooperation between the United States and the Russian Federation on the programs and activities described in sections 2 and 3. (e) Cooperation.--In carrying out its duties, the Commission should receive the full and timely cooperation of United States Government officials, including providing the Commission with analyses, briefings, and other information necessary for the fulfillment of its responsibilities. (f) Report.--The Commission shall, not later than six months after the date of its first meeting, submit to Congress an interim report on its findings and, not later than six months after submission of the interim report, submit to Congress a final report containing its conclusions.", "summary": "Nuclear and Terrorism Threat Reduction Act of 2002 - States the policy of the United States to work cooperatively with the Russian Federation in order to prevent the diversion of weapons of mass destruction and related materials, including nuclear, biological, and chemical weapons, as well as scientific and technical expertise necessary to design and build weapons of mass destruction.Requires the U.S. Government to work with the Russian Federation to develop comprehensive inventories of Russian weapons-grade material and warheads.Authorizes the President to conclude an agreement with the Russian Federation for the establishment of a joint United States-Russia Commission to Assess the Transition from Mutual Assured Destruction to Mutual Assured Security."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Gun Violence in our Neighborhoods Act of 2015''. SEC. 2. TAX ON FIREARMS. (a) In General.--Section 4181 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``There is hereby'' and inserting the following: ``(a) In General.--There is hereby'', and (2) by adding at the end the following new subsection: ``(b) Additional Tax on Firearms.--In addition to the tax imposed by subsection (a), there is hereby imposed upon the sale by the manufacturer, producer, or importer of any firearm a tax in the amount of $100.''. (b) Exemption for Firearms Acquired for Law Enforcement.--Section 4182 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Exemption From Additional Tax for Firearms Acquired for Law Enforcement.--The tax imposed by section 4181(b) shall not apply to any firearm which is purchased by the United States or by a State or local government for police or other law enforcement purposes.''. (c) Effective Date.--The amendments made by this section shall apply to sales in calendar months beginning after the date of the enactment of this Act. SEC. 3. ESTABLISHMENT OF GUN VIOLENCE REDUCTION AND MENTAL HEALTH COUNSELING TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. GUN VIOLENCE REDUCTION AND MENTAL HEALTH COUNSELING TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Gun Violence Reduction and Mental Health Counseling Trust Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Gun Violence Reduction and Mental Health Counseling Trust Fund amounts equivalent to taxes received in the Treasury under section 4181(b). ``(c) Expenditures.--Amounts in the Gun Violence Reduction and Mental Health Counseling Trust Fund shall be available, without need of further appropriation and without regard to any fiscal year limitation, as follows: ``(1) 50 percent of such amounts for making expenditures to carry out, with respect to block grants for community mental health services, subparts I and III of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.), and ``(2) 50 percent of such amounts for making expenditures to carry out subpart 1 of part E of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). Amounts made available under this subsection shall supplement and not supplant amounts otherwise made available to carry out the provisions referred to this subsection.''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Gun Violence Reduction and Mental Health Counseling Trust Fund.''. SEC. 4. PASSIVE CAPABILITY TO IDENTIFY LOST AND STOLEN FIREARMS. (a) Establishment of National Standard.-- (1) In general.--The Attorney General shall, in consultation with the National Institute for Standards and Technology, establish in regulations a national standard for the incorporation of a passive identification capability into all firearms sold in the United States. (2) Passive identification capability defined.--In this section, the term ``passive identification capability'' means a technology that-- (A) enables a firearm to be identified by a mobile or fixed reading device; and (B) does not emit or broadcast an electronic signal or other information that would enable the firearm or its owner to be monitored or tracked. (3) Considerations.--In developing the standard, the Attorney General shall give equal priority to the following: (A) The right of firearm owners to maintain their full right to privacy under the 4th Amendment and their right to legally own firearms under the 2nd Amendment. (B) The ability of law enforcement authorities to use the capability to track lost and stolen guns. (C) The ability of manufacturers to incorporate the capability using existing firearm manufacturing processes. (D) The resistance to tampering and destruction of the technology used to incorporate the capability. (b) Prohibition; Penalty.-- (1) Prohibition.--It shall be unlawful for a person, in or affecting interstate or foreign commerce, to manufacture a firearm that does not have a passive identification capability that meets the national standard established under subsection (a). (2) Civil penalty.--After notice and opportunity for hearing, the Attorney General shall impose on a person who violates paragraph (1) a civil money penalty in such amount, not exceeding $1,000 per firearm, as the Attorney General shall prescribe in regulations. (3) Effective date.--This subsection shall take effect on such date as the Attorney General shall prescribe in regulations that is not later than 3 years after the establishment of the national standard under subsection (a). SEC. 5. REPORTING OF LOST AND STOLEN FIREARMS. (a) In General.--Within 1 year after the date of the enactment of this Act, the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall establish a database of firearms reported to be lost or stolen in the United States, which shall be known as the ``National Database of Lost and Stolen Firearms''. (b) Contents.--The database shall include the following information with respect to each firearm reported to the database: (1) A description of the firearm, including the type of the firearm. (2) Whether the firearm is reported lost or stolen. (3) The date of the report. (4) The name of the owner of the firearm, if known. (5) The name and location of the person from whom the firearm was obtained, if known. (6) The location where the firearm is reported to have been lost or stolen. (7) Whether the firearm has been reported to the database as having been recovered, since being reported to the database as lost or stolen. (c) Availability of Database.--The information in the database shall be made available to all Federal, State, and local law enforcement authorities. (d) Reporting of Lost or Stolen Firearms to Local Law Enforcement Authorities.-- (1) Reporting requirement.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Within 48 hours after a person who owns a firearm that has been shipped or transported in interstate or foreign commerce discovers the theft or loss of the firearm, the person shall report the theft or loss to local law enforcement authorities.''. (2) Penalty.--Section 924 of such title is amended by adding at the end the following: ``(q) Penalty for Failure To Report Loss or Theft of Firearm.-- Whoever violates section 922(aa) shall be fined $10,000 with respect to each firearm involved in the violation.''. (e) Requirement That Local Law Enforcement Authorities Report Lost or Stolen Firearms to the National Registry.--Within 7 days after a local law enforcement authority receives a report that a firearm is lost or stolen, the authority shall transmit the report to the National Database of Lost and Stolen Firearms.", "summary": "Reducing Gun Violence in our Neighborhoods Act of 2015 This bill amends the Internal Revenue Code to impose an additional tax of $100 on the sale of a firearm by a manufacturer, producer, or importer. Firearm purchases by federal, state, and local governments for law enforcement purposes are exempt from the additional tax. The bill establishes the Gun Violence Reduction and Mental Health Counseling Trust Fund at the Department of the Treasury. It transfers revenues from the additional tax into the trust fund to support the Community Mental Health Services Block Grant program and the Edward Byrne Memorial Justice Assistance Grant program. The Department of Justice (DOJ) must establish and newly manufactured firearms must meet a national standard for incorporating passive identification capability into all firearms sold in the United States. Passive identification capability means technology that: (1) enables identification by a mobile or fixed reading device, and (2) does not transmit an electronic monitoring or tracking signal. DOJ's Bureau of Alcohol, Tobacco, Firearms, and Explosives must establish the National Database of Lost and Stolen Firearms. This bill amends the federal criminal code to require a gun owner to report a lost or stolen firearm to local law enforcement authorities within 48 hours of discovery. Local law enforcement authorities must transmit the report to the national database within seven days."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mapping a New and Innovative Focus on Our Exploration Strategy for Human Spaceflight Act of 2016'' or the ``MANIFEST for Human Spaceflight Act of 2016''. SEC. 2. REAFFIRMATION OF POLICY AND FINDINGS. (a) Reaffirmation of Policy.--Congress reaffirms that the long-term goal of the human space flight and exploration efforts of the National Aeronautics and Space Administration shall be to expand permanent human presence beyond low-Earth orbit and to do so, where practical, in a manner involving international partners, as stated in section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)). (b) Findings.--Congress makes the following findings: (1) In accordance with section 204 of the National Aeronautics and Space Administration Authorization Act of 2010 (Public Law 111-267; 124 Stat. 2813), the National Academy of Sciences, through its Committee on Human Spaceflight, conducted a review of the goals, core capabilities, and direction of human space flight, and published the findings and recommendations in a 2014 report entitled ``Pathways to Exploration: Rationales and Approaches for a U.S. Program of Human Space Exploration''. (2) The Committee on Human Spaceflight included leaders from the aerospace, scientific, security, and policy communities. With input from the public, the Committee on Human Spaceflight concluded that many practical and aspirational rationales together constitute a compelling case for human space exploration. These rationales include economic benefits, national security, national prestige, inspiring students and other citizens, scientific discovery, human survival, and a sense of shared destiny. (3) The Committee on Human Spaceflight affirmed that Mars is the appropriate long-term goal for the human space flight program. (4) The Committee on Human Spaceflight recommended that the National Aeronautics and Space Administration define a series of sustainable steps and conduct mission planning and technology development as needed to achieve the long-term goal of placing humans on the surface of Mars. SEC. 3. HUMAN EXPLORATION STRATEGY. (a) Human Exploration of Mars.--Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(b)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) to achieve human exploration of Mars, including the establishment of a capability to extend human presence to the surface of Mars.''. (b) Exploration Strategy.-- (1) In general.--In accordance with this subsection, the Administrator of the National Aeronautics and Space Administration shall submit an interim report and final report setting forth a strategy to achieve the objective in paragraph (5) of section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010, as amended by subsection (a) of this section, through a series of successive, sustainable, free-standing, but complementary missions making robust utilization of cis-lunar space and employing the Space Launch System, Orion crew capsule, and other capabilities provided under titles III, IV, V, and IX of that Act (42 U.S.C. 18301 et seq.). (2) Strategy requirements.--In developing the strategy under paragraph (1), the Administrator shall include-- (A) the utility of an expanded human presence in cis-lunar space toward enabling missions to various lunar orbits, the lunar surface, asteroids, Mars, the moons of Mars, and other destinations of interest for future human exploration and development; (B) the utility of an expanded human presence in cis-lunar space for economic, scientific, and technological advances; (C) the opportunities for collaboration with-- (i) international partners; (ii) private industry; and (iii) other Federal agencies, including missions relevant to national security or scientific needs; (D) the opportunities specifically afforded by the International Space Station (ISS) to support high priority scientific research and technological developments useful in expanding and sustaining a human presence in cis-lunar space and beyond; (E) a range of exploration mission architectures and approaches for the missions identified under paragraph (1), including capabilities for the Orion crew capsule and the Space Launch System; (F) a comparison of architectures and approaches based on-- (i) assessed value of factors including cost effectiveness, schedule resiliency, safety, sustainability, and opportunities for international collaboration; (ii) the extent to which certain architectures and approaches may enable new markets and opportunities for United States private industry, provide compelling opportunities for scientific discovery and technological excellence, sustain United States competitiveness and leadership, and address critical national security considerations and requirements; and (iii) the flexibility of such architectures and approaches to adjust to evolving technologies, partners, priorities, and budget projections and constraints; (G) measures for setting standards for ensuring crew health and safety, including limits regarding radiation exposure and countermeasures necessary to meet those limits, means and methods for addressing urgent medical conditions or injuries, and other such safety, health, and medical issues that can be anticipated in the conduct of the missions identified under paragraph (1); (H) a description of crew training needs and capabilities (including space suits and life support systems) necessary to support the conduct of missions identified under paragraph (1); (I) a detailed plan for prioritizing and phasing near-term intermediate destinations and missions identified under paragraph (1); (J) an assessment of the recommendations of the report prepared in compliance with section 204 of the National Aeronautics and Space Administration Authorization Act of 2010 (Public Law 111-267; 124 Stat. 2813), including a detailed explanation of how the Administrator has ensured such recommendations have been, to the extent practicable, incorporated into the strategy under paragraph (1); and (K) technical information as needed to identify interest from potential stakeholder or partner communities. (3) Independent review.-- (A) In general.--The Administrator shall enter into an arrangement with the National Academy of Sciences to review and comment on each interim report pursuant to paragraph (1). Under the arrangement, the National Academy of Sciences shall review each interim report on the strategy described in paragraph (1) and identify the following: (i) Matters in such interim report agreed upon by the National Academy of Sciences. (ii) Matters in such interim report raising concerns for the National Academy of Sciences. (iii) Such further recommendations with respect to matters covered by such interim report as the National Academy of Sciences considers appropriate. (B) Timing of review and comment.--The Administrator shall ensure that the review and comment on an interim report provided for pursuant to subparagraph (A) is conducted in a timely manner to comply with the requirements of this subsection and, to the maximum extent practicable, to facilitate the incorporation of the comments of the National Academy of Sciences pursuant to subparagraph (A) into the applicable final report required by this subsection. (4) Deadlines.-- (A) Interim reports.--Not later than 90 days after the date of the enactment of this Act, and not less than every five years thereafter, the Administrator shall submit to the National Academy of Sciences an interim report on the strategy required by paragraph (1) in order to facilitate the independent review and comment on the strategy as provided for by paragraph (3). (B) Final reports.--Not later than one year after the date of the enactment of this Act, and not less than every five years thereafter, the Administrator shall submit to Congress a final report on the strategy required by paragraph (1), which shall include and incorporate the response of the National Academy of Sciences to the most recent interim report pursuant to paragraph (3).", "summary": "Mapping a New and Innovative Focus on Our Exploration Strategy for Human Spaceflight Act of 2016 or the MANIFEST for Human Spaceflight Act of 2016 This bill amends the National Aeronautics and Space Administration Authorization Act of 2010 to make it a key U.S. objective to achieve human exploration of Mars, including the establishment of a capability to extend human presence to the surface of Mars. The National Aeronautics and Space Administration (NASA) shall report a strategy to achieve such objective through a series of successive, sustainable, free-standing, but complementary missions making robust use of cislunar space and employing the Space Launch System, Orion crew capsule, and other capabilities provided under specified titles of the Act. NASA shall arrange with the National Academy of Sciences (NAS) to review and comment on each interim report on the strategy and identify matters the NAS agrees with and matters raising NAS concerns, as well as any NAS recommendations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pathways to Prosperity Act of 2014''. SEC. 2. REFERENCES. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2301 et seq.). SEC. 3. DEFINITIONS. Section 3 (20 U.S.C. 2302) is amended-- (1) by redesignating paragraphs (6) through (9), (10) through (17), (18), (19), and (20) through (34) as paragraphs (7) through (10), (12) through (19), (21), (22), and (24) through (38), respectively; (2) by inserting after paragraph (5) the following: ``(6) Career and technical education program of study.--The term `career and technical education program of study' means a coordinated, non-duplicative sequence of secondary and postsecondary academic and technical courses that-- ``(A) contain rigorous, State-identified college and career readiness standards that address both academic and technical content and align to local, regional, or State labor market needs, as identified by employers and labor market information; ``(B) support attainment of career readiness skills; ``(C) progress in content specificity (beginning with all aspects of an industry or career cluster leading to more occupationally specific instruction); ``(D) incorporate multiple entry and exit points with portable demonstrations of technical competency, which may include postsecondary education credits as recognized by credit transfer or articulation agreements or industry-recognized credentials; and ``(E) culminate in the attainment of an industry- recognized credential, an apprenticeship or postsecondary certificate, or an associate or baccalaureate degree.''; (3) by inserting after paragraph (10), as redesignated by paragraph (1) of this section, the following: ``(11) Credit transfer agreement.--The term `credit transfer agreement' refers to an opportunity for secondary students to be awarded transcripted postsecondary credit, supported with formal agreements among secondary and postsecondary education systems, such as dual enrollment, dual credit, 2-year to 4-year college articulation agreements, or articulated credit, which may include credit awarded for performance on technical assessments.''; (4) by inserting after paragraph (19), as redesignated by paragraph (1) of this section, the following: ``(20) Industry-recognized credential.--The term `industry- recognized credential' means a credential that-- ``(A) is sought or accepted by employers within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, hiring, retention or advancement purposes; and ``(B) if appropriate, is endorsed by a nationally recognized trade association or organization representing a significant part of the industry or sector.''; and (5) by inserting after paragraph (22), as redesignated by paragraph (1) of this section, the following: ``(23) Labor market information.--The term `labor market information' means economic, social, and demographic information that-- ``(A) pertains to labor markets for the purposes of determining the supply of, and demand for, labor and related skills and competencies; and ``(B) supports students, job seekers, employers, developers of curricula, and other relevant stakeholders in understanding labor market and economic trends to help make informed labor market decisions.''. SEC. 4. ACCOUNTABILITY. Section 113(b)(2) of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2323(b)(2)) is amended-- (1) in subparagraph (A), by striking clause (vi); and (2) in subparagraph (B), by striking clause (v) and inserting the following: ``(v) the median earnings of students who are employed during the second quarter after completing a career and technical education program of study in the State. The Secretary shall, consistent with State law, ensure that the necessary wage records are available to enable eligible agencies to collect data relating to this State performance measure.''. SEC. 5. NATIONAL ACTIVITIES. Section 114(d)(4)(A) (20 U.S.C. 2324) is amended-- (1) by redesignating clause (iv) as clause (v); (2) in clause (iii), by striking ``and'' after the semicolon; and (3) by inserting after clause (iii) the following: ``(iv) to engage in evaluation and technical assistance activities that will assist in-- ``(I) collecting information on the industry-recognized credentials awarded to participants in career and technical education programs of study, including-- ``(aa) the name of such industry-recognized credentials; ``(bb) the awarding body; ``(cc) the duration of the program of study for the credential; and ``(dd) the number of such participants receiving the credential; and ``(II) developing the necessary infrastructure to support the State and local reporting of information described in subclause (I), including through activities such as establishing-- ``(aa) data sharing agreements with State licensing agencies and with industry associations and employers who award certifications or other industry-recognized credentials; ``(bb) a consistent reporting method across States; and ``(cc) a collection system to process reports in a timely fashion; and''. SEC. 6. STATE LEADERSHIP ACTIVITIES. Section 124(b) (20 U.S.C. 2341(a)) is amended-- (1) in paragraph (8), by striking ``and'' after the semicolon; (2) in paragraph (9) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(10) establishing statewide credit transfer agreements aligned to approved career and technical education programs of study.''. SEC. 7. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS. Section 134(b) (20 U.S.C. 2354(b)) is amended-- (1) in paragraph (11), by striking ``and'' after the semicolon; (2) in paragraph (12) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(13) describe how the eligible recipient will partner with business and industry to-- ``(A) identify opportunities for experiential and work-based learning opportunities either in-person or virtually; ``(B) ensure career and technical education programs of study are responsive to community and employment demands and are-- ``(i) aligned with employment priorities in the State, regional, or local economy identified by employers and other relevant stakeholders identified in section 134(b)(5); ``(ii) informed by labor market information; and ``(iii) designed to meet current, intermediate, and long term labor market projections; ``(C) ensure funding under this Act is spent in a coordinated manner with other local resources.''. SEC. 8. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. Section 1502(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6492(a)) is amended by striking ``challenging State academic content standards and challenging State student academic achievement standards'' and inserting ``rigorous, State-identified college and career readiness standards that address both academic content and career and technical education content identified under section 113(b)(2)(A)(ii) of the Carl D. Perkins Career and Technical Education Act.''.", "summary": "Pathways to Prosperity Act of 2014 - Amends the Carl D. Perkins Career and Technical Education Act to replace specified minimum measures of student attainment in the core indicators of performance for career and technical education students at the secondary level with a measure of the median earnings of students employed during the second quarter after completing a career and technical education program of study in the state. Requires the national research center, established under the Act, to engage in evaluation and technical assistance activities that will assist in: (1) collecting information on the industry-recognized credentials awarded to participants in career and technical education programs, and (2) developing the necessary infrastructure to support the state and local reporting of specified related information. Makes it a responsibility of the state agency involved to establish statewide credit transfer agreements aligned to approved career and technical education programs of study. Requires each local plan for career and technical education programs to describe how the eligible recipient of assistance will partner with business and industry to: (1) identify opportunities for experiential and work-based learning opportunities either in-person or virtually, (2) ensure the career and technical education programs of study are responsive to community and employment demands and meet other specified criteria, and (3) ensure funding under the Act is spent in a coordinated manner with other local resources. Amends the Elementary and Secondary Education Act of 1965 to revise the purpose of grants for demonstration projects of innovative practices to require the projects to show the most promise of enabling the children served to meet rigorous, state-identified college and career readiness standards that address both certain academic content and certain career and technical education content."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Nutrition Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) senior citizens in the United States have significant out-of-pocket costs for medical expenses, especially for prescription drugs; (2) 3 in 5 Medicare beneficiaries do not have dependable, affordable, prescription drug coverage; (3) as medical costs continue to rise, many senior citizens are forced to make the difficult choice between purchasing prescription drugs and purchasing food; (4) the commodity supplemental food program provides supplemental nutritious foods to senior citizens in a number of States and localities; (5) under the commodity supplemental food program-- (A) women, infants, and children with household incomes up to 185 percent of the Federal Poverty Income Guidelines published annually by the Department of Health and Human Services may be eligible for supplemental foods; but (B) senior citizens are ineligible for supplemental foods if their household incomes are greater than 130 percent of the Federal Poverty Income Guidelines; (6) during fiscal year 2000-- (A) an average of more than 388,000 people each month participated in the commodity supplemental food program; and (B) the majority of those participants, 293,000, were senior citizens; and (7) in order to serve the neediest senior citizens, taking into account their high out-of-pocket medical (including prescription drug) expenses, the eligibility requirements for the commodity supplemental food program should be modified to make more senior citizens eligible for the supplemental foods provided under the program. SEC. 3. ELIGIBILITY OF ELDERLY PERSONS UNDER THE COMMODITY SUPPLEMENTAL FOOD PROGRAM. (a) In General.--Section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is amended-- (1) in the first sentence of subsection (d)(2)-- (A) by striking ``provide not less'' and inserting ``provide, to the Secretary of Agriculture, not less''; (B) by inserting ``, or such greater quantities of cheese and nonfat dry milk as the Secretary determines are necessary,'' after ``nonfat dry milk''; and (C) by striking ``in each of the fiscal years 1991 through 2002 to the Secretary of Agriculture'' and inserting ``in each fiscal year''; (2) in subsection (i)-- (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and indenting appropriately; and (B) by striking ``(i) Each'' and inserting the following: ``(i) Programs Serving Elderly Persons.-- ``(1) Eligibility.--An elderly person shall be eligible to participate in a commodity supplemental food program serving elderly persons if the elderly person is at least 60 years of age and-- ``(A) is eligible for food stamp benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or ``(B) has a household income that is less than or equal to 185 percent of the most recent Federal Poverty Income Guidelines published by the Department of Health and Human Services. ``(2) Provision of information.--Each''; and (3) by adding at the end the following: ``(m) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out the commodity supplemental food program-- ``(A) $120,000,000 for fiscal year 2003; ``(B) $140,000,000 for fiscal year 2004; ``(C) $160,000,000 for fiscal year 2005; ``(D) $180,000,000 for fiscal year 2006; ``(E) $200,000,000 for fiscal year 2007; and ``(F) such sums as are necessary for fiscal year 2008 and each fiscal year thereafter. ``(2) Limitation on use of funds.--None of the funds made available under paragraph (1) shall be available to reimburse the Commodity Credit Corporation for commodities donated to the commodity supplemental food program.''. (b) Conforming Amendments.-- (1) Section 5(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is amended by striking ``Secretary (1) may'' and all that follows through ``(2) shall'' and inserting ``Secretary shall''. (2) Section 5(g) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is amended by striking ``(as defined by the Secretary)'' and inserting ``described in subsection (i)(1)''.", "summary": "Senior Nutrition Act of 2002 - Amends the Agriculture and Consumer Protection Act of 1973 to make a person who is at least 60 years old eligible for the commodity supplemental food program (program) if such person: (1) is eligible for the food stamp program; or (2) has a household income that is not more than 185 percent of the federal poverty income guidelines.Authorizes permanent program appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Crisis Investigation Act of 2009''. SEC. 2. EXPANDING THE AUTHORITY OF THE TARP CONGRESSIONAL OVERSIGHT PANEL. Section 125 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5233) is amended by adding at the end the following: ``(h) Additional Duties.--The Oversight Panel shall-- ``(1) investigate all causes, domestic and global, of the current financial and economic crisis in the United States, including the collapse of major financial and commercial firms and the deterioration of the credit and housing markets; ``(2) investigate the role in the financial and economic crisis, if any, of-- ``(A) any financial or commercial corporation, partnership, hedge fund, private equity firm, or entity, including any of their employees; ``(B) the Securities and Exchange Commission; ``(C) nationally recognized statistical rating organizations, as that term is defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) including any of their employees; ``(D) the Commodity Futures Trading Commission; ``(E) the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; ``(F) trading facilities for commodities, as those terms are defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a), and self-regulatory organizations, as that term is defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c); ``(G) the Federal banking agencies, as that term is defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and ``(H) any other governmental or nongovernmental entity including any of their employees; ``(3) conduct a top-to-bottom review of the Nation's existing financial regulatory structure and the contribution of the current structure to the stability or instability of financial markets, in order to develop a comprehensive framework for-- ``(A) reforming the laws governing our Nation's financial markets; ``(B) strengthening regulatory agencies; and ``(C) improving transparency and oversight; ``(4) analyze-- ``(A) the impact of the financial regulatory structure on the health and stability of the United States economy; ``(B) the sustainability of the Nation's financial institutions; and ``(C) the financial well-being of American taxpayers; ``(5) review and consider all aspects of financial regulation, including the regulation of-- ``(A) bank holding companies, financial holding companies, commercial banks, investment banks, savings associations, credit unions, and industrial loan companies; ``(B) payment and settlement systems; ``(C) hedge funds, private equity funds, and the markets for alternative investments; ``(D) special purpose vehicles and off-balance sheet financing for financial companies; ``(E) the securitization of mortgages and other assets; ``(F) exchange-based, electronic, and over-the- counter markets for financial derivative products; ``(G) the mortgage finance industry, including mortgage brokers and mortgage lending institutions; ``(H) equity markets, including short-selling practices, and commodity futures markets; and ``(I) the insurance industry and its role in the financial markets; ``(6) submit reports required by subsection (b); and ``(7) refer to the Attorney General of the United States, any appropriate State attorney general, or any other appropriate law enforcement official any person that the Oversight Panel finds may have violated the laws of the United States in relation to such crisis. ``(i) Hearings and Evidence.-- ``(1) In general.--The Oversight Panel shall, for purposes of carrying out this section-- ``(A) hold regular hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and ``(B) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and other documents. ``(2) Subpoenas.-- ``(A) Service.--Subpoenas issued under paragraph (1)(B) may be served by any person designated by the Oversight Panel. ``(B) Enforcement.-- ``(i) In general.--In the case of contumacy or failure to obey a subpoena issued under paragraph (1)(B), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. ``(ii) Additional enforcement.--Sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under the authority of this section. ``(3) Contracting.--The Oversight Panel may enter into contracts to enable the Oversight Panel to discharge its duties under this section. ``(4) Information from federal agencies.--The Oversight Panel may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Oversight Panel conducted under this Act. Each such department, agency, or instrumentality shall, to the extent authorized by law, furnish such information directly to the Oversight Panel upon request, not later than 7 days after the date on which such request is made. ``(5) Information from financial or commercial corporations, partnerships, hedge funds, private equity firms, or entities.--The Oversight Panel may secure directly from any financial or commercial corporations, partnerships, hedge funds, private equity firms, or entities any information related to any inquiry of the Oversight Panel conducted under this section. Each shall, to the extent authorized by law, furnish such information directly to the Oversight Panel upon request not later than 7 days after the date on which such request is made. ``(6) Assistance from federal agencies.-- ``(A) Department of the treasury.-- ``(i) In general.--The Secretary shall provide all amounts necessary to defray the costs and provide administrative support and other services to the Oversight Panel for the performance of the functions of the Oversight Panel. ``(ii) Limitation.--The value of the assistance required to be provided by the Secretary under this subparagraph may not exceed $4,000,000. ``(B) Other departments and agencies.--In addition to the assistance prescribed in subparagraph (A), departments and agencies of the United States are authorized to provide to the Oversight Panel such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. ``(7) Gifts.--The Oversight Panel may accept, use, and dispose of gifts or donations of services or property. ``(8) Postal services.--The Oversight Panel may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. ``(9) Powers of subcommittees, members, and agents.--Any subcommittee, member, or agent of the Oversight Panel may, if authorized by the Oversight Panel, take any action which the Oversight Panel is authorized to take by this section.''. SEC. 3. REPORTS OF THE OVERSIGHT PANEL. Section 125(b) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5233(b)) is amended by adding at the end the following: ``(3) Final report on financial crisis.--Not later than 100 days after the date of enactment of this paragraph, the Oversight Panel shall submit to the President and Congress a report containing-- ``(A) the findings and conclusions of the Oversight Panel on the causes of the current financial and economic crisis in the United States; and ``(B) such findings, conclusions, and recommendations for statutory and regulatory changes as a majority of Oversight Panel members finds are necessary to prevent a financial and economic crisis comparable to the current financial and economic crisis in the United States. ``(4) Interim reports.--At any time after the first meeting of the Oversight Panel, the Oversight Panel may submit to the President and Congress an interim report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Oversight Panel members.''.", "summary": "Financial Crisis Investigation Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Oversight Panel of the Troubled Asset Relief Program (TARP) to: (1) investigate all causes, domestic and global, of the current financial and economic crisis in the United States, including the collapse of major financial and commercial firms and the deterioration of the credit and housing markets; (2) investigate the role in the financial and economic crisis, if any, of specified governmental and private sector entities; (3) review the nation's existing financial regulatory structure from top to bottom, and its contribution to the stability or instability of financial markets; (4) review all aspects of financial regulation; and (5) refer to federal and state law enforcement officials any person that the Oversight Panel finds may have violated federal law in relation to such crisis. Requires the Oversight Panel to report its findings, conclusions, and recommendations to the President and Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Disclosure Simplification Act of 2007''. SEC. 2. REQUIRED DISCLOSURES REGARDING LOAN TERMS. The Real Estate Settlement Procedures Act of 1974 is amended by inserting after section 4 (12 U.S.C. 2603) the following new section: ``SEC. 4A. REQUIRED DISCLOSURES REGARDING LOAN TERMS. ``(a) Development.--The Secretary, in consultation with appropriate Federal lending regulation agencies, shall develop and prescribe standard written forms under subsection (c) for statement of the essential terms of a federally related mortgage loan. ``(b) Requirement To Use.-- The Secretary shall require that-- ``(1) the forms developed pursuant to subsection (a) be used in all transactions in the United States that involve federally related mortgage loans; and ``(2) that in any such a transaction-- ``(A) the form under subsection (c)(1) shall be appropriately and accurately completed by the lender or mortgage broker, or both; and ``(B) the completed form under subsection (c)(1) shall be provided to the borrower, together with the form under subsection (c)(2), not later than three days after the application for the federally related mortgage loan is made. ``(c) Contents.--With respect to a federally related mortgage loan, the standard written forms required under this subsection are as follows: ``(1) Statement of loan terms.--A single page, written disclosure regarding the federally related mortgage loan that, when completed by the lender or mortgage broker, or both, sets forth, in accordance with such requirements as the Secretary shall by regulation establish-- ``(A) a best possible estimate of-- ``(i) the total loan amount under the federally related mortgage loan; ``(ii) the loan-to-value ratio for the loan; ``(iii) the final maturity date for the loan; ``(iv) the amount and due date for any balloon payment under the loan; ``(v) the amount of any prepayment fee to be charged if the loan is paid in full before the final maturity date for the loan; ``(vi) the initial interest rate under the loan expressed as an annual percentage rate, and the amount of the monthly payment due under such rate; ``(vii) the duration during which such initial interest rate will be charged; ``(viii) the fully indexed rate of interest under the loan expressed as an annual percentage rate and the amount of the monthly payment due under such rate; ``(ix) the maximum possible rate of interest under the loan expressed as an annual percentage rate and the amount of the monthly payment due under such rate; ``(x) the monthly household income of the borrower upon which the loan is based; ``(xi) the amount of initial monthly payment due under the loan, and the amount of such initial monthly payment plus monthly amounts due for taxes and insurance on the property for which the loan is made, both expressed as a percentage of the monthly household income of the borrower; ``(xii) the amount of the fully indexed monthly payment due under the loan, and the amount of such fully indexed monthly payment plus monthly amounts due for taxes and insurance on the property for which the loan is made, both expressed as a percentage of the monthly household income of the borrower; ``(xiii) the aggregate amount of settlement charges for all settlement services provided in connection with the loan, the amount of such charges that are included in the loan amount and the amount of such charges the borrower must pay at closing, the aggregate amount of lender's fees connection with the loan, and the aggregate amount of other fees or required payments in connection with the loan; and ``(xiv) the aggregate amount of fees paid to the mortgage broker in connection with the loan, the amount of such fees paid directly by the borrower, and any additional amount received by the broker from the lender based on the interest rate of the loan (commonly referred to as a yield spread premium); ``(B) a name, telephone number, and electronic mail address that may be used by the borrower to obtain information regarding the loan; and ``(C) a prominent statement that the amounts to be provided by the lender or mortgage broker, or both, under the federally related mortgage loan shall be subject to final underwriting of the loan. ``(2) Statement of definitions and explanations.--A two- page written disclosure that sets forth, in accordance with such requirements as the Secretary shall, by regulation, establish, basic easy-to-understand definitions or explanations, of terms relating to residential mortgage loans, including each of the following terms: appraised value, types of loans, initial interest rate, fully indexed rate of interest, maximum possible rate of interest, monthly household income, monthly loan payment including taxes and insurance, fully indexed housing expense ratio, prepayment fee, balloon payment, payment option loan, points, closing costs, settlement services, settlement charges, lender's fees, and mortgage broker. ``(d) Savings Clause.--Notwithstanding disclosure pursuant to subsection (c)(1)(A) of best possible estimates of the information required under such subsection with respect to a federally related mortgage loan, the amounts to be provided by the lender or mortgage broker, or both, under the loan shall be subject to final underwriting of the loan.''.", "summary": "Mortgage Disclosure Simplification Act of 2007 - Amends the Real Estate Settlement Procedures Act of 1974 to instruct the Secretary of Housing and Urban Development to develop and prescribe standard written forms stating the essential terms of a federally related mortgage loan, which lenders or mortgage brokers shall provide to prospective mortgagors. Requires such disclosures to include: (1) a statement of terms regarding a federally related mortgage loan; and (2) a statement of basic easy-to-understand definitions or explanations of such terms."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Methamphetamine Use Response Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Administrator'' means the Administrator of the Drug Enforcement Administration. (2) The term ``Committees'' means the Committees on Appropriations and the Committees on the Judiciary of the House of Representatives and the Senate. (3) The term ``midsize city'' means a city with a population under 250,000 and over 20,000. (4) The term ``rural area'' means a county or parish with a population under 50,000. (5) The term ``small city'' means a city with a population under 20,000. SEC. 3. REPORT ON METHAMPHETAMINE CONSUMPTION IN RURAL AREAS, SMALL CITIES, AND MIDSIZE CITIES. (a) In General.--The Secretary of Health and Human Services shall submit to the Committees annually a report on the problems caused by methamphetamine consumption in rural areas, small cities, and midsize cities. (b) Concerns Addressed.--Each report submitted under this section shall include an analysis of-- (1) the manner in which methamphetamine consumption in rural areas differs from methamphetamine consumption in areas with larger populations, and the means by which to accurately measure those differences; (2) the incidence of methamphetamine abuse in rural areas and the treatment resources available to deal with methamphetamine addiction in those areas; (3) any relationship between methamphetamine consumption in rural areas and a lack of substance abuse treatment in those areas; and (4) any relationship between geographic differences in the availability of substance abuse treatment and the geographic distribution of the methamphetamine abuse problem in the United States. SEC. 4. CLEANUP OF METHAMPHETAMINE LABORATORIES AND PRODUCTION MATERIALS. (a) Authorization of Appropriations.--There is authorized to be appropriated for the Drug Enforcement Administration for each fiscal year after fiscal year 1999, $20,000,000 in order to carry out the activities described in subsection (b). (b) Availability of Amounts.-- (1) In general.--Amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall be available to the Drug Enforcement Administration for activities to alleviate the growing financial burden on rural communities, small cities, midsize cities, and other communities resulting from the cleanup of clandestine laboratories and other drug- related hazardous waste. (2) Specific activities.--The activities covered by paragraph (1) shall include the following: (A) The cleanup of clandestine laboratories and other drug-related hazardous waste across the United States, whether initiated by the Drug Enforcement Administration or by State or local entities. (B) The improvement of current contract-related response times for cleanup of such laboratories and waste through the provision of additional contract personnel, equipment, and facilities. (c) Supplement Not Supplant.--The amounts authorized to be appropriated by subsection (a) for the Drug Enforcement Administration for a fiscal year are in addition to any other amounts authorized to be appropriated for the Administration for the fiscal year for the activities described in subsection (b). SEC. 5. INVESTIGATIVE ASSISTANCE RELATING TO METHAMPHETAMINE FOR STATE AND LOCAL LAW ENFORCEMENT. (a) Findings.--Congress makes the following findings: (1) Because of the strong connection between methamphetamine trafficking and Mexican drug trafficking organizations, many local law enforcement agencies are confronted with methamphetamine trafficking suspects who speak Spanish. (2) Most local law enforcement agencies lack the foreign language and specialized investigative skills necessary to communicate with and monitor suspected drug traffickers, thereby limiting their ability to respond effectively to methamphetamine trafficking. (3) Informants, witnesses, communications intercepts, and other investigative tools are of limited use if an investigator cannot understand the language employed. (4) The timely provision of select Drug Enforcement Administration Special Agents with Spanish language capability and specialized clandestine laboratory training could greatly assist in the efforts of State and local law enforcement against methamphetamine traffickers and their operations. (b) Investigative Assistance.-- (1) In general.--The Administrator shall establish within the Drug Enforcement Administration a select cadre of Special Agents with Spanish language capabilities who shall work with State and local law enforcement agencies across the United States on matters relating to the combating of methamphetamine- related drug trafficking. (2) Composition of cadre.--The cadre established under paragraph (1) shall consist of 20 Special Agents with the requisite Spanish language skills. (3) Allocation.--The Administrator shall determine the allocation of the Special Agents in the cadre referred to in paragraph (1) through ongoing assessments of the national methamphetamine threat. (4) Authorization of appropriations.--There is authorized to be appropriated for the Drug Enforcement Administration for fiscal year 2000, $4,700,000 of which-- (A) $3,000,000 shall be available for purposes of establishing the cadre required by paragraph (1), including the hiring and training of agents to fill the cadre; and (B) $1,700,000 shall be available to cover the permanent change of stations (PCS) costs associated with the transfer of senior agents selected to staff the cadre. SEC. 6. ADDITIONAL TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND STATE AND LOCAL LAW ENFORCEMENT PERSONNEL. (a) Findings.--Congress makes the following findings: (1) The spread of methamphetamine abuse and production across the United States has forced law enforcement agencies to address challenges that exceed the many years of experience of the personnel within such agencies. (2) Unlike cocaine or heroin, methamphetamine can be produced easily from readily available everyday products using recipes readily available on the Internet. (3) The chemicals involved in methamphetamine production can be caustic or explosive if handled improperly. (4) In order to meet the demand for training and certification of local law enforcement personnel to meet the challenges posed by methamphetamine production and abuse, it is necessary to expand the training capabilities of the Drug Enforcement Administration. (5) Most of the costs associated with the training of State and local law enforcement personnel are cost relating to air travel. (6) Because the Drug Enforcement Administration already provides training for State and local law enforcement personnel, the establishment of regional training centers in the Administration will both reduce travel costs associated with the training of such personnel and enhance the training provided. (7) Such regional training centers will permit enhanced training of State and local law enforcement personnel at reduced cost over the long term. (b) Regional Satellite Training Centers.-- (1) Requirement.--The Administrator shall establish within the Drug Enforcement Administration four regional satellite training centers for purposes of providing clandestine laboratory training to Federal, State, and local law enforcement personnel. The Administrator shall establish the training centers at appropriate locations throughout the United States. (2) Personnel.--The Administrator shall assign to the centers established under paragraph (1) 12 Special Agents, 4 Drug Prevention Specialists, and 8 Support personnel, as appropriate. (3) Activities of drug prevention specialists.--The Drug Prevention Specialists assigned to the centers under paragraph (2) shall work with communities that have been previously assisted by the Mobile Enforcement and Regional Enforcement Teams of the Drug Enforcement Administration in order to assist such communities in the development of drug prevention programs and coalitions and provide a solid foundation for the long-term elimination of drug trafficking, abuse, and violence in such communities. (4) Authorization of appropriations.--There is authorized to be appropriated for the Drug Enforcement Administration for fiscal year 2000, $30,000,000 for purposes of establishing the regional centers required by paragraph (1), including the assignment of personnel to such centers under paragraph (2), and for training-related support for such centers. (c) Specialized Clandestine Laboratory Training.-- (1) Specialized clandestine laboratory training.--In addition to any other clandestine laboratory training programs currently administered by the Drug Enforcement Administration, the Administrator shall establish the following: (A) Advanced Clandestine Laboratory Investigations schools for State and local law enforcement personnel. (B) Additional Basic Clandestine Laboratory Certification Schools for both Drug Enforcement Administration personnel and State and local law enforcement personnel. (C) A program, to be known as the ``Train the Trainer'' program, in accordance with paragraph (2). (2) Train the trainer program.--The purpose of Train the Trainer program shall be to provide State and local law enforcement personnel with the skills necessary to provide clandestine laboratory recertification and awareness training to other law enforcement personnel within their jurisdictions. (3) Authorization of appropriations.-- (A) Authorization.--There is authorized to be appropriated for the Drug Enforcement Administration for each fiscal year after fiscal year 1999, the following: (i) $750,000 for Advanced Clandestine Laboratory Investigation Schools required under paragraph (1)(A). (ii) $2,000,000 for the additional Basic Clandestine Laboratory Certification Schools required under paragraph (1)(B). (iii) $1,000,000 for the awareness materials required for the Train the Trainer program required under paragraph (1)(C). (2) Supplement not supplant.--The amounts authorized to be appropriated by subparagraph (A) are in addition to any other amounts authorized to be appropriated for the Drug Enforcement Agency for the activities referred to in paragraph (1). SEC. 7. ANNUAL STRATEGY ON METHAMPHETAMINE PRODUCTION AND ABUSE. (a) Requirement.--Not later than 6 months after the date of the enactment of this Act and annually thereafter, the Attorney General shall submit to the Committees a report containing a detailed strategy to combat the problem of methamphetamine production and abuse in the United States. (b) Initial Report.--The first report submitted under this section shall include the following: (1) An assessment of the progress made in achieving the goals first outlined in the April 1996 document entitled ``National Methamphetamine Strategy'', including a description of any successes and failures in achieving such goals. (2) A description of the progress made in controlling methamphetamine in light of the goals established by the Performance Measures of Effectiveness established by the National Drug Control Strategy. (3) Any recommendations for legislative action that the Attorney General considers necessary to implement the strategy under subsection (a). (c) Subsequent Reports.--Each report submitted under this section after the first such report shall include the following: (1) An evaluation by the Attorney General of the progress made in implementing the strategy. (2) A description of the successes and failures associated with implementing the strategy contained in the report. (3) Any recommendations for legislative action that the Attorney General considers appropriate to facilitate the continuing implementation of the strategy. SEC. 8. THEFT AND TRANSPORTATION OF ANHYDROUS AMMONIA. (a) In General.--Part D of the Controlled Substances Act (title II of Public Law 91-513; 21 U.S.C. 841 et seq.) is amended by adding at the end the following: ``anhydrous ammonia ``Sec. 423 (a) It is unlawful for any person-- ``(1) to steal anhydrous ammonia; or ``(2) to transport stolen anhydrous ammonia across State lines. ``(b) Any person who violates subsection (a) shall be imprisoned or fined, or both, in accordance with section 403(d) as if such violation were a violation of a provision of section 403.''. (b) Clerical Amendment.--The table of contents for that Act is amended by inserting after the item relating to section 421 the following new items: ``Sec. 422. Drug paraphernalia. ``Sec. 423. Anhydrous ammonia.''. (c) Assistance for Certain Research.-- (1) Agreement.--The Administrator shall seek to enter into an agreement with Iowa State University in order to permit the University to continue and expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate the usefulness of anhydrous ammonia as an ingredient in the production of methamphetamine. (2) Reimbursable provision of funds.--The agreement under paragraph (1) may provide for the provision to Iowa State University, on a reimbursable basis, of $500,000 for purposes the activities specified in that paragraph. (3) Authorization of appropriations.--There is hereby authorized to be appropriated for the Drug Enforcement Agency for fiscal year 2000, $500,000 for purposes of carrying out the agreement under this subsection.", "summary": "Rural Methamphetamine Use Response Act of 1999 - Directs the Secretary of Health and Human Services to submit to specified congressional committees an annual report on the problems caused by methamphetamine consumption in rural areas, small cities, and mid-size cities. (Sec. 4) Authorizes appropriations for the Drug Enforcement Administration (DEA) for each fiscal year after FY 1999. Makes sums appropriated available to the DEA for activities to alleviate the growing financial burden on rural communities, small cities, mid-size cities, and other communities resulting from the cleanup of clandestine laboratories and other drug related hazardous waste. Requires the Administrator of the DEA to establish within the DEA a select cadre of special agents with Spanish language capabilities who show work with State and local law enforcement agencies across the United States on matters relating to the combating of methamphetamine related drug trafficking. Authorizes appropriations. (Sec. 6) Directs the Administrator to establish within the DEA four regional satellite training centers for purposes of providing clandestine laboratory training to Federal, State, and local law enforcement personnel, to establish such centers at appropriate locations throughout the United States, and to assign to such centers 12 special agents, four drug prevention specialists, and eight support personnel, as appropriate. Requires the drug prevention specialists to work with communities that have been previously assisted by the DEA's Mobile Enforcement and Regional Enforcement Teams to assist such communities in the development of drug prevention programs and coalitions and provide a solid foundation for the long-term elimination of drug trafficking, abuse, and violence in such communities. Authorizes appropriations. Requires the Administrator to establish: (1) Advanced Clandestine Laboratory Investigations schools for State and local law enforcement personnel; (2) Additional Basic Clandestine Laboratory Certification schools for both DEA and State and local law enforcement personnel; and (3) a \"Train the Trainer\" program to provide State and local law enforcement personnel with the skills necessary to provide clandestine laboratory re-certification and awareness training to other law enforcement personnel within their jurisdictions. Authorizes appropriations. (Sec. 7) Directs the Attorney General to submit to the Committees annually a report containing a detailed strategy to combat the problem of methamphetamine production and abuse in the United States. (Sec. 8) Amends of the Controlled Substances Act to prohibit the theft and transportation across State lines of stolen anhydrous ammonia. Directs the Administrator to seek to enter into an agreement with Iowa State University to permit the University to continue and expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate the usefulness of anhydrous ammonia as an ingredient in the production of methamphetamine. Allows such agreement to provide for the provision to such University, on a reimbursable basis, of $500,000. Authorizes appropriations for the DEA for FY 2000."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Organization of American States Revitalization and Reform Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Charter of the Organization of American States recognizes that-- (A) representative democracy is indispensable for the stability, peace, and development of the Western Hemisphere; and (B) a purpose of the Organization of American States is to promote and consolidate representative democracy, with due respect for the principle of nonintervention. (2) The United States supports the purposes and principles enshrined in-- (A) the Charter of the Organization of American States; (B) the Inter-American Democratic Charter; and (C) the American Declaration on the Rights and Duties of Man. (3) The United States supports the Organization of American States in its efforts with all member states to meet our commitments under the instruments set forth in paragraph (2). (4) Congress supports the Organization of American States as it operates in a manner consistent with the Inter-American Democratic Charter. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to promote democracy and the rule of law throughout the Western Hemisphere; (2) to promote and protect human rights and fundamental freedoms in the Western Hemisphere; and (3) to support the practices, purposes, and principles expressed in the Charter of the Organization of American States, the American Declaration on the Rights and Duties of Man, the Inter-American Democratic Charter, and other fundamental instruments of democracy. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Organization of American States (OAS) should be the primary multi-lateral diplomatic entity for regional dispute resolution and promotion of democratic governance and institutions; (2) the OAS is a valuable platform from which to launch initiatives aimed to benefit the countries of the Western Hemisphere; (3) the Summit of the Americas institution and process embodies a valuable complement to regional dialogue and cooperation; (4) the Summit of the Americas process should be formally and more effectively integrated into the work of the OAS, the Inter- American Development Bank, and other Members of the Joint Summit Working Group, and the OAS should play a central role in overseeing and managing the Summit process; (5) the OAS General Assembly and the Summit of the Americas events should be combined geographically and chronologically in the years in which they coincide; (6) the OAS has historically accepted too many mandates from its member states, resulting in both lack of clarity on priorities and loss of institutional focus, which in turn has reduced the effectiveness of the organization; (7) to ensure an appropriate balance of priorities, the OAS should review its core functions no less than annually and seek opportunities to reduce the number of mandates not directly related to its core functions; (8) key OAS strengths lie in strengthening peace and security, promoting and consolidating representative democracy, regional dispute resolution, election assistance and monitoring, fostering economic growth and development cooperation, facilitating trade, combating illicit drug trafficking and transnational crime, and support for the Inter-American Human Rights System; (9) the core competencies referred to in paragraph (8) should remain central to the strategic planning process of the OAS and the consideration of future mandates; (10) any new OAS mandates should be accepted by the member states only after an analysis is conducted and formally presented consisting of a calculation of the financial costs associated with the mandate, an assessment of the comparative advantage of the OAS in the implementation of the mandate, and a description of the ways in which the mandate advances the organization's core mission; (11) any new mandates should include, in addition to the analysis described in paragraph (10), an identification of the source of funding to be used to implement the mandate; (12) the OAS would benefit from enhanced coordination between the OAS and the Inter-American Development Bank on issues that relate to economic development; (13) the OAS would benefit from standard reporting requirements for each project and grant agreement; (14) the OAS would benefit from effective implementation of-- (A) transparent and merit-based human resource standards and processes; and (B) transparent hiring, firing, and promotion standards and processes, including with respect to factors such as gender and national origin; and (15) it is in the interest of the United States, OAS member states, and a modernized OAS to move toward an assessed fee structure that assures the financial sustainability of the organization and establishes, not later than five years after the date of the enactment of this Act, that no member state pays more than 50 percent of the organization's assessed fees. SEC. 5. ORGANIZATION OF AMERICAN STATES REVITALIZATION AND REFORM STRATEGY. (a) Strategy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a multiyear strategy that-- (A) identifies a path toward the adoption of necessary reforms that prioritize and reinforce the OAS's core competencies described in section 4(8); (B) outlines an approach to secure from the OAS effective adoption of-- (i) a results-based budgeting process in order to strategically prioritize, and where appropriate, reduce current and future mandates; and (ii) transparent hiring, firing, and promotion practices; (C) reflects the inputs and coordination from other Executive Branch agencies, as appropriate; and (D) identifies a path toward the adoption of necessary reforms that would-- (i) lead to an assessed fee structure in which no member state would pay more than 50 percent of the OAS's assessed yearly fees; and (ii) seek to minimize the negative financial impact on the OAS and its operations. (2) Policy priorities and coordination.--The Secretary of State shall-- (A) carry out diplomatic engagement to build support for reforms and budgetary burden sharing among OAS member states and observers; and (B) promote donor coordination among OAS member states. (b) Briefings.--The Secretary of State shall offer to the committees referred to in subsection (a)(1) a quarterly briefing that-- (1) reviews assessed and voluntary contributions; (2) analyzes the progress made by the OAS to adopt and effectively implement a results-based budgeting process in order to strategically prioritize, and where appropriate, reduce current and future mandates; (3) analyzes the progress made by the OAS to adopt and effectively implement transparent and merit-based human resource standards and practices and transparent hiring, firing, and promotion standards and processes, including with respect to factors such as gender and national origin; (4) analyzes the progress made by the OAS to adopt and effectively implement a practice of soliciting member quotas to be paid on a schedule that will improve the consistency of its operating budget; and (5) analyzes the progress made by the OAS to review, streamline, and prioritize mandates to focus on core missions and make efficient and effective use of available funding. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the House on September 17, 2013. Organization of American States Revitalization and Reform Act of 2013 - States that it is U.S. policy to: (1) promote democracy, the rule of law, and human rights in the Western Hemisphere; and (2) support the practices and principles expressed in the Charter of the Organization of American States, the American Declaration on the Rights and Duties of Man, the Inter-American Democratic Charter, and other fundamental instruments of democracy. Expresses the sense of Congress that: (1) the Organization of American States (OAS) should be the primary multi-lateral diplomatic entity for regional dispute resolution and promotion of democratic governance; (2) the Summit of the Americas process should be formally and more effectively integrated into the work of the OAS, the Inter-American Development Bank, and other Members of the Joint Summit Working Group; (3) the OAS has historically accepted too many member state mandates creating unclear priorities and loss of institutional focus; and (4) it is in the interest of the United States and the OAS and its member states to move toward an assessed fee structure that assures financial sustainability and establishes, within five years, that no member state pays more than 50% of the organization's assessed fees. Directs the Secretary of State to submit to Congress a multiyear strategy that: (1) leads to such assessed fee structure, (2) identifies a path toward the adoption of necessary reforms that prioritize the core competencies of the OAS, (3) outlines a results-based budgeting process to prioritize current and future mandates and transparent hiring and promotion practices, and (4) reflects the inputs and coordination from other executive branch agencies. Directs the Secretary to: (1) carry out diplomatic engagement to build support for reforms and budgetary burden sharing among OAS member states and observers, and (2) promote donor coordination among OAS member states."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``High Performance Schools Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) American K-12 schools spend over $6 billion annually on energy costs which is more than is spent on books and computers combined. (2) Educators teach and students learn best in an environment that is comfortable, healthy, naturally lit where possible, and in good repair and studies have indicated that student achievement is greater and attendance higher when those conditions are met. (3) Over half of our nation's K-12 schools are more than 40 years old and in need of renovation to reach such standard of efficiency and comfort and 6,000 new schools will be required over the next 10 years to accommodate the growing number of students. (4) Inadequate ventilation in school buildings, poor lighting and acoustical quality, and uncomfortable temperatures can diminish students' capacity to concentrate and excel. (5) Inefficient use of water, either in consumption or from poorly maintained systems, is prevalent in older schools. (6) Using a whole building approach in the design of new schools and the renovation of existing schools--considering how materials, systems, and products connect and overlap and also how a school is integrated on its site and within the surrounding community--will result in high performance school buildings. (7) Adoption of whole building concepts has been shown to result in dramatic improvements in student and teacher performance. (8) Adopting a whole building approach usually results in a lower life-cycle cost for the school building than for a conventionally designed and built building. (9) Systematic use of energy conservation in school construction and renovation projects can save at least one quarter of current energy costs, leaving more money for teachers and educational materials. (10) The use of renewable energy sources such as daylighting, passive solar heating, photovoltaics, wind, geothermal, hydropower, and biomass power in a building already designed to be low-energy can help meet the building's energy needs without added emissions. (11) Using environmentally preferable products and providing for adequate supplies of fresh air will improve indoor air quality and provide healthful school buildings. (12) Most school districts do not have the knowledge of cutting-edge design and technologies to implement optimum efficiency into new school construction or into school renovations. (13) Congress is currently considering legislation that will help school districts build new schools and renovate existing schools. (b) Purpose.--It is the purpose of this Act to assist school districts in the production of high performance elementary and secondary school buildings that are healthful, productive, energy efficient, and environmentally sound. SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION. (a) Establishment.--There is established in the Department of Education the High Performance Schools Program (hereafter in this Act referred to as the ``Program''). (b) In General.--The Secretary of Education may, through the Program, make grants-- (1) to be provided to school districts to implement the purpose of this Act; (2) to administer the program of assistance to school districts pursuant to this Act; and (3) to promote participation by school districts in the program established by this Act. (c) Grants to Assist School Districts.--Grants under subsection (b)(1) shall be used to achieve energy efficiency performance not less than 30 percent beyond the levels prescribed in the 1998 International Energy Conservation Code as it is in effect for new construction and existing buildings. Grants under such subsection shall be made to school districts that-- (1) have demonstrated a need for such grants in order to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities; (2) have demonstrated that the districts do not have adequate funds to respond appropriately to such enrollments or achieve such investments without assistance; and (3) have made a commitment to use the grant funds to develop high performance school buildings in accordance with the plan developed and approved pursuant to subsection (e)(1). (d) Other Grants.-- (1) Grants for administration.--Grants under subsection (b)(2) shall be used to evaluate compliance by school districts with requirements of this Act and in addition may be used for-- (A) distributing information and materials to clearly define and promote the development of high performance school buildings for both new and existing facilities; (B) organizing and conducting programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of high performance school buildings; (C) obtaining technical services and assistance in planning and designing high performance school buildings; and (D) collecting and monitoring data and information pertaining to the high performance school building projects. (2) Grants to promote participation.--Grants under subsection (b)(3) may be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. (e) Implementation.-- (1) Plans.--Grants under subsection (b) shall be provided only to school districts that, in consultation with State offices of energy and education, have developed plans that the State agency designated by the Governor of the State determines to be feasible and appropriate in order to the achieve the purposes for which such grants were made. (2) Supplementing grant funds.--The State agency referred to in paragraph (1) shall encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. SEC. 4. ALLOCATION OF FUNDS. (a) Governors.--Except as provided in subsection (c), funds appropriated for the implementation of this Act shall be provided to the Governors of the States. Each Governor shall determine the appropriate State agency to administer the program of assistance to school districts under this Act. (b) Purposes.--Except as provided in subsection (c), funds appropriated under section 5 shall be allocated as follows: (1) Seventy percent shall be used to make grants under section 3(b)(1). (2) Fifteen percent shall be used to make grants under section 3(b)(2). (3) Fifteen percent shall be used to make grants under section 3(b)(3). (c) Other Funds.--The Secretary of Education may, through the Program established under section 3(a), retain an amount, not to exceed $300,000 per year, to assist State agencies designated by the Governor in coordinating and implementing such Program. Such funds may be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. For grants under section 3(b) there are authorized to be appropriated $200,000,000 for fiscal year 2001, $210,000,000 for fiscal year 2002, $220,000,000 for fiscal year 2003, $230,000,000 for fiscal year 2004, and such sums as may be necessary for each of the subsequent 6 fiscal years. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Elementary and secondary school.--The term ``elementary school'' and ``secondary school'' shall have the same meaning given such terms in paragraphs (14) and (25) of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(14),(25)). (2) High performance school building.--The term ``high performance school building'' refers to a school building which, in its design, construction, operation, and maintenance maximizes use of renewable energy and energy conservation practices, is cost-effective on a life-cycle basis, uses affordable, environmentally preferable, durable materials, enhances indoor environmental quality, protects and conserves water, and optimizes site potential. (3) Renewable energy.--The term ``renewable energy'' means energy produced by solar, wind, geothermal, hydropower, and biomass power.", "summary": "(Sec. 3) Authorizes the Secretary of Education to make grants, through the Program, for: (1) assisting school districts to implement this Act's purpose; (2) administering the program of assistance to school districts under this Act; and (3) promoting participation by school districts in the Program. Requires grants to assist school districts to be used to achieve energy efficiency performance not less than 30 percent beyond the levels prescribed in the 1998 International Energy Conservation Code as it is in effect for new construction and existing buildings. Requires such grants to be made to school districts that: (1) need to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities; (2) do not have adequate funds to do so without such assistance; and (3) are committed to using grant funds to develop high performance school buildings in accordance with an approved plan. Requires grants for administration to be used to evaluate compliance by school districts with requirements of this Act. Allows such grants also to be used to: (1) distribute information and materials to define and promote development of high performance school buildings for new and existing facilities; (2) organize and conduct programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of such buildings; (3) obtain technical services and assistance in planning and designing such buildings; and (4) collect and monitor data and information pertaining to such building projects. Allows grants to promote participation to be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. Allows grants under this Act to be provided only to school districts that have developed plans that the State agency designated by the Governor of the State determines to be feasible and appropriate. Requires such State agency to encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. (Sec. 4) Requires funds appropriated for the implementation of this Act, with the exception of certain reserved funds, to be provided to the Governors of the States. Directs each Governor to determine the appropriate State agency to administer the program of assistance to school districts. Allocates such funds as follows: (1) 70 percent for grants to assist school districts; (2) 15 percent for grants for administration; and (3) 15 percent for grants to promote participation. Authorizes the Secretary of Education to retain, through the Program, a limited annual amount to assist State agencies designated by the Governor in coordinating and implementing such Program. Allows funds to be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. (Sec. 5) Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Accountability and Review of Federal Agencies Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the Commission on the Accountability and Review of Federal Agencies (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall consist of 12 members, all of whom shall be appointed by the President not later than 90 days after the date of enactment of this Act. (2) Chairperson and vice chairperson.--The President shall designate a chairperson and vice chairperson from among the members of the Commission. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--The Commission shall meet at the call of the chairperson. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 3. DUTIES OF THE COMMISSION. (a) Definition.--In this section: (1) In general.--Except as provided in paragraph (2), the term ``agency'' has the meaning given the term ``executive agency'' under section 105 of title 5, United States Code. (2) Exception.--The term ``agency'' does not include the Department of Defense or its subdivisions. (b) In General.--The Commission shall-- (1) evaluate all agencies and programs within those agencies, using the criteria under subsection (c); and (2) submit to Congress-- (A) a plan with recommendations of the agencies and programs that should be realigned or eliminated; and (B) proposed legislation to implement the plan described under subparagraph (A). (c) Criteria.-- (1) Duplicative.--If 2 or more agencies or programs are performing the same essential function and the function can be consolidated or streamlined into a single agency or program, the Commission shall recommend that the agency or program be realigned. (2) Wasteful or inefficient.--The Commission shall recommend the realignment or elimination of any agency or program that has wasted Federal funds by-- (A) egregious spending; (B) mismanagement of resources and personnel; or (C) use of such funds for personal benefit or the benefit of a special interest group. (3) Outdated, irrelevant, or failed.--The Commission shall recommend the elimination of any agency or program that-- (A) has completed its intended purpose; (B) has become irrelevant; or (C) has failed to meet its objectives. (d) Systematic Assessment of Programs.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the President shall-- (A) establish a systematic method for assessing the effectiveness and accountability of agency programs; and (B) submit, to the Commission, assessments of not less than \\1/2\\ of all programs covered under subsection (b)(1) that use the method established under subparagraph (A). (2) Method objectives.--The method established under paragraph (1) shall-- (A) recognize different types of federal programs; (B) assess programs based primarily on the achievement of performance goals (as defined under section 1115(f)(4) of title 31, United States Code); and (C) assess programs based in part on the adequacy of the program's performance measures, financial management, and other factors determined by the President. (3) Development.--The method established under paragraph (1) shall not be implemented until it has been reviewed and accepted by the Commission. (4) Consideration of assessments.--The Commission shall consider assessments submitted under this subsection when evaluating programs under subsection (b)(1). (e) Common Performance Measures.--Not later than 1 year after the date of enactment of this Act, the President shall identify common performance measures for programs covered in subsection (b)(1) that have similar functions and, to the extent feasible, provide the Commission with data on such performance measures. (f) Report.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that includes-- (A) the plan described under subsection (b)(2)(A), with supporting documentation for all recommendations; and (B) the proposed legislation described under subsection (b)(2)(B). (2) Use of savings.--The proposed legislation described under subsection (b)(2)(B) shall provide that all funds saved by the implementation of the plan described under subsection (b)(2)(A) shall be used to-- (A) support other domestic programs; or (B) pay down the national debt. (3) Relocation of federal employees.--The proposed legislation under paragraph (1)(B) shall provide that if the position of an employee of an agency is eliminated as a result of the implementation of the plan under paragraph (1)(A), the affected agency shall make reasonable efforts to relocate such employee to another position within the agency or within another Federal agency. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act-- (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as any member of the Commission considers advisable; (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses as any member of the Commission considers advisable; and (3) require, by subpoena or otherwise, the production of such books, records, correspondence, memoranda, papers, documents, tapes, and other evidentiary materials relating to any matter under investigation by the Commission. (b) Subpoenas.-- (1) Issuance.--Subpoenas issued under subsection (a) shall bear the signature of the chairperson of the Commission and shall be served by any person or class of persons designated by the chairperson for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (c) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal members.--Except as provided under subsection (b), each member of the Commission who is not an officer or employee of the Federal Government shall not be compensated. (2) Federal officers or employees.--All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--Upon the approval of the chairperson, the executive director may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the maximum rate payable for a position at GS-15 of the General Schedule under section 5332 of such title. (3) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the report under section 3(f). SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS. (a) Definitions.--In this section: (1) Implementation bill.--The term ``implementation bill'' means only a bill which is introduced as provided under subsection (b), and contains the proposed legislation included in the report submitted to Congress under section 3, without modification. (2) Calendar day.--The term ``calendar day'' means a calendar day other than 1 on which either House is not in session because of an adjournment of more than 3 days to a date certain. (b) Introduction; Referral; and Report or Discharge.-- (1) Introduction.--On the first calendar day on which both Houses are in session, on or immediately following the date on which the report is submitted to Congress under section 3, a single implementation bill shall be introduced (by request)-- (A) in the Senate by the Majority Leader of the Senate, for himself and the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate; and (B) in the House of Representatives by the Speaker of the House of Representatives, for himself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Speaker and Minority Leader of the House of Representatives. (2) Referral.--The implementation bills introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and any appropriate committee of jurisdiction in the House of Representatives. A committee to which an implementation bill is referred under this paragraph may report such bill to the respective House without amendment. (3) Report or discharge.--If a committee to which an implementation bill is referred has not reported such bill by the end of the 15th calendar day after the date of the introduction of such bill, such committee shall be immediately discharged from further consideration of such bill, and upon being reported or discharged from the committee, such bill shall be placed on the appropriate calendar. (c) Floor Consideration.-- (1) In general.--When the committee to which an implementation bill is referred has reported, or has been discharged under subsection (b)(3), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill, and all points of order against the implementation bill (and against consideration of the implementation bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the implementation bill shall remain the unfinished business of the respective House until disposed of. (2) Amendments.--An implementation bill may not be amended in the Senate or the House of Representatives. (3) Debate.--Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order. (4) Vote on final passage.--Immediately following the conclusion of the debate on an implementation bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the implementation bill shall occur. (5) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to an implementation bill shall be decided without debate. (d) Coordination With Action by Other House.--If, before the passage by 1 House of an implementation bill of that House, that House receives from the other House an implementation bill, then the following procedures shall apply: (1) Nonreferral.--The implementation bill of the other House shall not be referred to a committee. (2) Vote on bill of other house.--With respect to an implementation bill of the House receiving the implementation bill-- (A) the procedure in that House shall be the same as if no implementation bill had been received from the other House; but (B) the vote on final passage shall be on the implementation bill of the other House. (e) Rules of Senate and House of Representatives.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementation bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for carrying out this Act for each of the fiscal years 2004 through 2006.", "summary": "Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs; and (2) submit to Congress a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation.Directs the President to: (1) establish a systematic method for assessing the effectiveness and accountability of agency programs; and (2) submit to the Commission assessments of not less than half of the programs that use such method. Prohibits the implementation of such method until it has been reviewed and accepted by the Commission, which shall consider such assessments submitted.Requires the President to identify common performance measures for programs having similar functions and provide the Commission with data on such measures."}
{"article": "SECTION 1. NATIONAL GUARD SUPPORT FOR BORDER CONTROL ACTIVITIES. (a) Operation Jump Start.-- (1) In general.--Not fewer than 6,000 National Guard personnel shall continue to be deployed along the international border between the United States and Mexico under Operation Jump Start until the date on which the Federal Government has achieved operational control of such border (as defined in section 2(b) of the Secure Fence Act of 2006 (Public Law 109- 367)). (2) Exemption.--National Guard personnel deployed pursuant to paragraph (1) shall not be included in the calculation to determine compliance with-- (A) limits on end strength; or (B) limits on the number of National Guard personal that may be placed on active duty for operational support. (b) Support Authorized.--Chapter 1 of title 32, United States Code, is amended by inserting after section 112 the following: ``Sec. 112a. Border control activities ``(a) Funding Assistance.--The Secretary of Defense may provide funds to the Governor of a State who submits to the Secretary a State border control activities plan satisfying the requirements of subsection (c). Such funds shall be used for the following: ``(1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of border control activities. ``(2) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of border control activities. ``(3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of border control activities. However, the use of such funds for the procurement of equipment may not exceed $5,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense. ``(b) Use of Personnel Performing Full-Time National Guard Duty.-- (1) Under regulations prescribed by the Secretary of Defense, personnel of the National Guard of a State may, in accordance with the State border control activities plan referred to in subsection (c), be ordered to perform full-time National Guard duty under section 502(f) of this title for the purpose of carrying out border control activities. ``(2)(A) A member of the National Guard serving on full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under section 502(a) of this title in addition to the duty performed for the purpose authorized under that paragraph. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of carrying out border control activities. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title. ``(B) Appropriations available for the Department of Defense for homeland defense may be used for paying costs associated with a member's participation in training described in subparagraph (A). The appropriation shall be reimbursed in full, out of appropriations available for paying those costs, for the amounts paid. Appropriations available for paying those costs shall be available for making the reimbursements. ``(C) To ensure that the use of units and personnel of the National Guard of a State pursuant to a State border control activities plan does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the border control activities that units and personnel of the National Guard of a State may perform: ``(i) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. ``(ii) National Guard personnel will not degrade their military skills as a result of performing the activities. ``(iii) The performance of the activities will not result in a significant increase in the cost of training. ``(iv) In the case of border control activities performed by a unit organized to serve as a unit, the activities will support valid unit training requirements. ``(c) Plan Requirements.--A State border control activities plan shall-- ``(1) specify how personnel of the National Guard of that State are to be used in border control activities in support of the mission of the United States Customs and Border Protection of the Department of Homeland Security; ``(2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; ``(3) certify that participation by National Guard personnel in those operations is service in addition to training required under section 502 of this title; ``(4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard; ``(5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and ``(6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose. ``(d) Examination of Plan.--Before funds are provided to the Governor of a State under this section and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b), the Secretary of Defense shall, in consultation with the Secretary of Homeland Security, examine the adequacy of the plan submitted by the Governor under subsection (c). The plan as approved by the Secretary of Defense may provide for the use of personnel and equipment of the National Guard of that State to assist United States Customs and Border Protection in the transportation of aliens who have violated a Federal immigration law. ``(e) End Strength Limitation.--(1) Except as provided in paragraphs (2) and (3), at the end of a fiscal year there may not be more than 6,000 members of the National Guard-- ``(A) on full-time National Guard duty under section 502(f) of this title to perform border control activities pursuant to an order to duty; or ``(B) on duty under State authority to perform border control activities pursuant to an order to duty with State pay and allowances being reimbursed with funds provided under subsection (a)(1). ``(2) The Secretary of Defense may increase the end strength authorized under paragraph (1) by not more than 20 percent for any fiscal year if the Secretary determines that such an increase is necessary in the national security interests of the United States. ``(3) National Guard personnel deployed pursuant to paragraph (1) shall not be included in the calculation to determine compliance with-- ``(A) limits on end strength; or ``(B) limits on the number of National Guard personal that may be placed on active duty for operational support. ``(f) Annual Report.--The Secretary of Defense shall submit to Congress an annual report regarding assistance provided and activities carried out under this section during the preceding fiscal year. The report shall include the following: ``(1) The number of members of the National Guard excluded under subsection (e) from the computation of end strengths. ``(2) A description of the border control activities conducted under State border control activities plans referred to in subsection (c) with funds provided under this section. ``(3) An accounting of the amount of funds provided to each State. ``(4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform activities under the State border control activities plans. ``(g) Statutory Construction.--Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. ``(h) Definitions.--In this section: ``(1) The term `border control activities', with respect to the National Guard of a State, means the use of National Guard personnel in border control activities authorized by the law of the State and requested by the Governor of the State in support of the mission of the United States Customs and Border Protection of the Department of Homeland Security, including activities as follows: ``(A) Construction of roads, fences, and vehicle barriers. ``(B) Search and rescue operations. ``(C) Intelligence gathering, surveillance, and reconnaissance. ``(D) Communications and information technology support. ``(E) Installation and operation of cameras. ``(F) Repair and maintenance of infrastructure. ``(G) Administrative support. ``(H) Aviation support, including maintenance. ``(I) Logistics support. ``(2) The term `Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. ``(3) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 112 the following: ``112a. Border control activities.''.", "summary": "Provides for continued National Guard support for border control activities along the U.S.- Mexico border under Operation Jump Start until operational control of such border has been achieved. Authorizes the Secretary of Defense to provide funding to a state that submits to the Secretary of State a state border control activities plan that meets certain requirements. Limits the number of National Guard that may be so deployed."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bereaved Consumer's Bill of Rights Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) there have been shocking consumer abuses in the funeral industry, including scandals at Burr Oak Cemetery in Alsip, Illinois, Menorah Gardens Cemetery in Palm Beach, Florida, and the Tri State Crematory in Noble, Georgia; (2) funeral arrangements are a major expense for most American households and families; (3) some consumers seek to ease the burdens on their families by arranging and paying for pre-need funeral and cemetery arrangements; (4) most funerals are planned by grieving family members at a time when they are especially vulnerable and unlikely to focus on cost comparison; (5) the Federal Trade Commission's Funeral Industry Practices Trade Regulation Rule (known as the Funeral Rule) dictates consumer protections in the funeral home, but does not cover the practices of cemeteries, crematoria, or sellers of monuments, urns, or caskets; (6) State laws are inconsistent and frequently too weak to provide adequate consumer protections, creating a need for minimum federal standards in this area; (7) consumers have the right to receive clear and accurate information about all funeral goods and services offered for sale; (8) consumers need effective protection from fraud and abusive practices by all providers of funeral goods and services and at all stages of the funeral planning process; and (9) a new Federal law that provides adequate protections to grieving families is warranted. SEC. 3. FTC RULEMAKING RELATING TO UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN THE PROVISION OF FUNERAL GOODS OR SERVICES. (a) In General.--The Federal Trade Commission shall prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. Such rules shall include the following: (1) A requirement that providers of funeral goods or funeral services furnish accurate price information disclosing clearly and conspicuously the cost to the purchaser for each of the specific funeral goods or funeral services provided or offered for sale. (2) A prohibition on misrepresentations by such providers, including misrepresentations of the requirements of Federal, State, or local law. (3) A prohibition on conditioning the provision of any funeral good or funeral service upon the purchase of any other funeral good or funeral service from that provider, except as required by law. (4) A requirement that any presale disclosures and contracts for funeral services or funeral goods be written clearly, stating the merchandise and services that purchasers are buying and their prices. (5) In the case of contracts for funeral services or funeral goods that are pre-paid in whole or in part, a requirement for clear and conspicuous presale and contractual disclosure regarding any penalties incurred if the consumer decides to cancel or transfer the contract to another provider of funeral services or funeral goods. (6) A requirement that contracts for funeral services or funeral goods disclose clearly and conspicuously all fees and costs to be incurred in the future or at the time that the funeral services or funeral goods are provided. (7) A requirement that cemeteries provide to consumers, in a timely manner, all written rules and regulations of the cemetery, and a clear explanation in writing of the interment, inurnment, or entombment right that has been purchased, and any material terms and conditions of that purchase, including any repurchase option by the cemetery or resale rights available to the consumer. (8) A requirement that cemeteries-- (A) retain all records in existence on the date of enactment of this Act, including maps or other systems indicating the location and date of each interment, inurnment, or entombment; (B) accurately record and retain records of all interments, inurnments, or entombments occurring, as well as any internment, inurnment, or entombment rights sold, after the effective date of the regulations issued under this subsection, in such manner and form as the Commission may prescribe in such regulations; and (C) make such records available to Federal, State, and local governments, as appropriate. (b) Rulemaking.--The Commission shall prescribe the rules under subsection (a) within 1 year after the date of enactment of this Act. Such rules, and any future rules or revision of rules prescribed by the Commission prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services, shall be prescribed in accordance with section 553 of title 5, United States Code. (c) Application of Rules to Tax Exempt Organizations and States.-- Notwithstanding the definition of corporation in section 4 of the Federal Trade Commission Act (15 U.S.C. 44), the rules prescribed under subsection (a), and any future rules or revision of rules prescribed by the Commission prohibiting unfair or deceptive acts or practices in the provision of funeral goods or funeral services, shall also apply to cemeteries organized or operated by-- (1) organizations described in section 501(c) of the Internal Revenue Code of 1986 that are exempt from taxation under section 501(a) of such Code, except for cemeteries organized, operated, managed, and owned by a religious denomination, middle judicatory, house of worship, or similar religious organization, and that are not organized, operated, managed, or owned by contract or affiliation with a for-profit provider of funeral goods or services that offers those goods and services for sale to the public; and (2) States or any political subdivision of a State. (d) Enforcement.--Any violation of any rule prescribed under this section shall be treated as a violation of a regulation prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. Any person who violates the regulations prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. SEC. 4. ENFORCEMENT BY STATES. (a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in an act or practice which violates any rule of the Commission issued under section 3 of this Act or the Trade Regulation Rule on Funeral Industry Practices (16 C.F.R. 453.1 et seq.), the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such violative act or practice, to enforce compliance with such rule of the Commission, to obtain damages, restitution, or other compensation on behalf of residents of such State, or to obtain such further and other relief as the court may determine appropriate. (b) Notice.--The State shall provide prior written notice of any civil action under subsection (a) or (f)(2) to the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right-- (1) to intervene in such action; (2) upon so intervening, to be heard on all matters arising therein; (3) to remove the action to the appropriate United States district court; and (4) to file petitions for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall prevent an attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by Commission.--Whenever a civil action has been instituted by or on behalf of the Commission for violation of any rule prescribed under section 3 of this Act, no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) or (f)(2) of this section against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (e) Venue; Service of Process.--Any civil action brought under subsection (a) of this section in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (f) Actions by Other State Officials.-- (1) Construction.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (2) Other state actions.--In addition to actions brought by an attorney general of a State under subsection (a) of this section, such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. SEC. 5. EFFECT ON OTHER LAW. Nothing in this Act or the rules prescribed under this Act shall be construed to preempt any provision of any law of a State or political subdivision of that State that provides protections to consumers of funeral services or funeral goods, except to the extent that the provision of law is inconsistent with any provision of this Act or a rule prescribed under this Act, and then only to the extent of the inconsistency. SEC. 6. DEFINITIONS. In this Act-- (1) the term ``cemetery'' means any organization, association or other business that offers for sale the interment, inurnment, or entombment of human remains, but does not include any cemetery that-- (A) performs fewer than 25 interments, inurnments, and entombments during any calendar year; or (B) sells fewer than 25 interment, inurnment, or entombment rights during any calendar year; (2) the term ``funeral goods'' are the goods which are sold or offered for sale directly to the public for use in connection with funeral services; and (3) the term ``funeral services'' means-- (A) any services which are sold or offered for sale to the public in order to-- (i) care for and prepare deceased human bodies for burial, cremation, or other final disposition; or (ii) arrange, supervise, or conduct the funeral ceremony or the final disposition of deceased human bodies; or (B) services provided by funeral directors, morticians, cemeterians, cremationists, and retailers of caskets, urns, monuments, and markers.", "summary": "Bereaved Consumer's Bill of Rights Act of 2010 - Directs the Federal Trade Commission (FTC) to prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. Includes among such rules: (1) a requirement that price information be disclosed clearly and conspicuously; (2) a prohibition on misrepresentations or conditioning the provision of goods or services upon the purchase of other goods or services from the provider; (3) a requirement that any presale disclosures and contracts are written clearly, stating the merchandise, services, and prices and disclosing any penalties for canceling or transferring a contract; (4) a requirement that cemeteries provide to consumers all written rules and regulations of the cemetery and all material terms and conditions of purchase; and (5) a requirement that cemeteries retain all records in existence on the date of enactment of this Act and accurately record and retain records of interments, inurnments, or entombments. Applies such rules to states or political subdivisions and tax-exempt organizations. Excludes cemeteries organized, operated, managed, and owned by a religious organization and that are not affiliated with a for-profit provider offering funeral goods and services for sale to the public. Gives standing to states to bring a civil action for violations of this Act."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Select Agent Program and Biosafety Improvement Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION Sec. 101. Reauthorization of select agent program. Sec. 102. Select agent program review. Sec. 103. Revision of the list of biological agents and toxins. Sec. 104. Sharing information with trusted state partners. Sec. 105. Improvements to inventorying and monitoring of agents. Sec. 106. Smallpox definition clarification. Sec. 107. Plan for surge in samples of biological agents and toxins. TITLE II--BIOSAFETY IMPROVEMENTS Sec. 201. Improvement of oversight of biocontainment laboratories. Sec. 202. Improvement of training for laboratory personnel. Sec. 203. Biological laboratory incident reporting system. SEC. 2. FINDINGS. Congress finds the following: (1) The Centers for Disease Control and Prevention regulates the possession, use, and transfer of select agents and toxins that have the potential to pose a severe threat to public health and safety. (2) The Animal and Plant Health Inspection Service regulates the possession, use, and transfer of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. (3) As of April 2008, there are 72 select agents and toxins, 13 of which are found naturally in the United States. (4) As of April 2008, there are 325 entities registered with the Centers for Disease Control and Prevention to work with select agents and toxins and 75 entities registered with the Animal and Plant Health Inspection Service. There are 9,918 individuals approved to work with select agents and toxins through the Centers for Disease Control and Prevention and 4,336 through the Animal and Plant Health Inspection Service. (5) Biocontainment laboratories are used by scientists to study infectious materials safely and effectively. Laboratory biological research is categorized by the safety level at which it is performed. There are 4 safety levels, termed Biosafety Level (BSL) 1 through 4. TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION SEC. 101. REAUTHORIZATION OF SELECT AGENT PROGRAM. (a) Reauthorization of Select Agent Program.-- (1) Amendment to the public health service act.--Section 351A(m) of the Public Health Service Act (42 U.S.C. 262a(m)) is amended by striking ``2002 through 2007'' and inserting ``2009 through 2013''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(m) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(m)) is amended by striking ``2002 through 2007'' and inserting ``2009 through 2013''. (b) Appropriate Training.-- (1) Amendment to the public health service act.--Section 351A(e)(2)(A) of the Public Health Service Act (42 U.S.C. 262a(e)(2)(A)) is amended by inserting ``, and appropriate training,'' after ``have a legitimate need''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(e)(2)(A) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(e)(2)(A)) is amended by inserting ``, and appropriate training,'' after ``have a legitimate need''. (c) Covered Agencies.-- (1) Amendment to the public health service act.--Section 351A(h)(2)(A) (42 U.S.C. 262a(h)(2)(A)) of the Public Health Service Act is amended by inserting ``the Department of Homeland Security,'' after ``the Department of Agriculture,''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(h)(2)(A) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(2)(A)) is amended by inserting ``the Department of Homeland Security,'' after ``the Department of Agriculture,''. SEC. 102. SELECT AGENT PROGRAM REVIEW. (a) In General.--The Secretary of Health and Human Services, in consultation with the Secretary of Agriculture, shall enter into a contract with the National Academy of Sciences to conduct a review of the select agent program under section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401). Such review shall focus on-- (1) the extent to which the program has enhanced biosecurity and biosafety in the United States; (2) the effects of the program on-- (A) international scientific collaboration; and (B) scientific advances in the United States; and (3) other issues as requested by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Report; Recommendations.--Not later than 240 days after the date of enactment of this Act, the National Academy of Sciences shall submit a report to the Secretary of Health and Human Services, the Secretary of Agriculture, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, and other congressional committees of relevant interest, on the results of the review conducted under subsection (a). Such report shall include recommendations for improving the structure of the select agent program for-- (1) enhancing the biosecurity and biosafety of the United States; (2) eliminating or reducing adverse effects of the program, if any, on-- (A) international scientific collaboration; and (B) scientific advances in the United States; and (3) other issues as requested by the Secretary of Health and Human Services and the Secretary of Agriculture. SEC. 103. REVISION OF THE LIST OF BIOLOGICAL AGENTS AND TOXINS. (a) Amendment to the Public Health Service Act.--Section 351A(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. 262a(a)(1)(B)(i)) is amended-- (1) in subclause (III), by striking ``; and'' and inserting a semicolon; (2) by redesignating subclause (IV) as subclause (VII); and (3) by inserting after subclause (III) the following: ``(IV) whether the agent or toxin is endemic to the United States, as defined by the Secretary; ``(V) information available from biological risk assessments conducted by the Department of Homeland Security; ``(VI) newly discovered agents of disease, including genetically modified organisms or agents created synthetically; and''. (b) Amendment to the Agricultural Bioterrorism Protection Act of 2002.--Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended-- (1) in subclause (III), by striking ``; and'' and inserting a semicolon; (2) by redesignating subclause (IV) as subclause (VII); and (3) by inserting after subclause (III) the following: ``(IV) whether the agent or toxin is endemic to the United States, as defined by the Secretary; ``(V) information available from biological risk assessments conducted by the Department of Homeland Security; ``(VI) newly discovered agents of disease, including genetically modified organisms or agents created synthetically; and''. (c) Rule of Construction.--The amendments made by subsections (a) and (b) shall not be construed to preclude the listing of a biological agent or toxin that is endemic to the United States. SEC. 104. SHARING INFORMATION WITH TRUSTED STATE PARTNERS. (a) Amendment to the Public Health Service Act.--Section 351A(h)(5) of the Public Health Service Act (42 U.S.C. 262a(h)(5)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by inserting at the end the following: ``(C) to withhold information regarding a State that will assist with the State's emergency preparedness planning from the health director (or equivalent State official) of such State, if such State has in place a law to protect against the further release of such information as determined by the Secretary.''. (b) Amendment to the Agricultural Bioterrorism Protection Act of 2002.--Section 212(h)(5) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(5)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by inserting at the end the following: ``(C) to withhold information regarding a State that will assist with the State's emergency preparedness planning from an elected or appointed senior State agricultural official or equivalent State official (such as a State veterinarian or a State plant health regulatory official) of such State, if such State has in place a law to protect against the further release of such information as determined by the Secretary.''. SEC. 105. IMPROVEMENTS TO INVENTORYING AND MONITORING OF AGENTS. (a) Improved Method to Inventory and Monitor Listed Biological Agents.--Not later than 180 days after enactment of this Act, the Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, and in consultation with individuals with appropriate scientific expertise, shall issue guidance on inventorying and monitoring the biological agents listed under section 351A(a)(1) of the Public Health Service Act (42 U.S.C. 262a(a)(1)) and the biological agents listed under section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)). (b) Considerations.--In issuing the guidance under subsection (a), the Secretaries shall consider-- (1) the effectiveness of measures to inventory and monitor listed biological agents that can propagate relative to the burden of these measures on laboratory personnel; (2) qualitative and quantitative control procedures for such listed agents, rather than only quantitative control procedures; and (3) in what situations registered persons are required to keep inventory records. SEC. 106. SMALLPOX DEFINITION CLARIFICATION. Not later than 90 days after the date of enactment of this Act, the Attorney General, in coordination with the Secretary of Health and Human Services, shall issue public guidance regarding how the Attorney General interprets the scope of the statutory definition of ``variola virus'' in section 175c of title 18, United States Code. SEC. 107. PLAN FOR SURGE IN SAMPLES OF BIOLOGICAL AGENTS AND TOXINS. The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture and State officials, shall develop and disseminate guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins (as such terms are defined in section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401)) may be rapidly accessed and utilized during emergencies in which laboratories and laboratory personnel that regularly test for such agents and toxins are overwhelmed by a surge of samples of such listed agents and toxins. TITLE II--BIOSAFETY IMPROVEMENTS SEC. 201. IMPROVEMENT OF OVERSIGHT OF BIOCONTAINMENT LABORATORIES. (a) Definition.--For purposes of this section, the term ``high containment biological laboratory'' means a laboratory that has Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Evaluation.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, and in consultation with the Secretary of Defense and the Secretary of Homeland Security (referred to in this section as the ``Secretaries'') shall, either directly or through a contract, evaluate national needs of, and oversight of, high containment biological laboratories. (c) Considerations.--In conducting the evaluation under subsection (b), the Secretaries shall consider-- (1) whether the construction of high containment biological laboratories that are in existence or planned as of the date of enactment of this Act, is likely to provide sufficient capacity for the needs of Government biodefense and infectious disease research; (2) how laboratory capacity and lessons learned can be best shared across the biodefense and infectious disease research communities, domestically and internationally; (3) whether guidance on laboratory infrastructure, commissioning, operation, and maintenance of such laboratories is adequate, and if such guidance is found to be inadequate, how to improve and streamline such guidance; and (4) ways to improve and streamline the training of the personnel of such laboratories, including recommendations regarding the minimum standards for laboratory biosafety and biosecurity training under section 202. (d) Report to Congress.--Not later than 240 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the findings and recommendations from the evaluation under this section. SEC. 202. IMPROVEMENT OF TRAINING FOR LABORATORY PERSONNEL. (a) Definition.--For purposes of this section, the term ``high containment biological laboratory'' means a laboratory that has Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Development of Minimum Standards.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, and in coordination with the Secretary of Agriculture and scientific experts representing appropriate professional groups and international health organizations, shall develop minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. In developing such standards, the Secretary of Health and Human Services shall consider existing laboratory guidelines and training modules. (c) Requirement for Approval.--A person may not register with the Secretary of Health and Human Services or the Secretary of Agriculture for the possession, use, or transfer of listed agents in accordance with section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401) unless the person provides to its appropriate personnel biosafety and biosecurity training that meets the minimum standards under subsection (b) in addition to any other requirements determined appropriate by the Secretary of Health and Human Services or the Secretary of Agriculture. (d) Dissemination.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, may disseminate the minimum standards under subsection (b) for voluntary use, such as when use is not required under subsection (b), in laboratories and academic programs in the United States and in other countries. SEC. 203. BIOLOGICAL LABORATORY INCIDENT REPORTING SYSTEM. (a) In General.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, (referred to in this section as the ``Secretaries'') shall establish an integrated Biological Laboratory Incident Reporting System through which personnel of biological laboratories may voluntarily report biosafety or biosecurity incidents of concern and the Secretaries may identify trends in such incidents and protocols for biosafety or biosecurity improvements. In developing such reporting system, the Secretaries shall consider options for integrating existing voluntary and required reporting mechanisms. (b) Functions.--In implementing the reporting system under subsection (a), the Secretaries shall enter into a contract with a public or private entity that does not regulate biological laboratories to administer the reporting system. Such entity shall-- (1) receive and process incident reports; (2) analyze, interpret incident data, and identify incident trends; (3) issue alert messages within an appropriate time period; (4) disseminate reports and other appropriate information, which shall not include facility-specific information; (5) not have authority to direct corrective action or to initiate enforcement action; (6) ensure anonymity of individuals reporting to the system, to the extent permitted by law; and (7) conduct other activities as requested by the Secretaries.", "summary": "Select Agent Program and Biosafety Improvement Act of 2008 - Amends the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 to reauthorize appropriations for the Select Agent Program, which lists and controls biological agents and toxins that have the potential to pose a severe threat to public health and safety. Requires appropriate training of individuals handling or using such agents and toxins. Includes the Department of Homeland Security (DHS) among the federal agencies limited in the disclosure of information related to listed agents or toxins. Requires the Secretary of Health and Human Services to contract with the National Academy of Sciences to review and make recommendations for improving the Select Agent Program. Sets forth additional factors that the Secretary must consider in determining whether to list an agent or toxin, including whether the agent or toxin is endemic to the United States. Requires the Secretary to issue guidance on inventorying and monitoring listed biological agents. Directs the Attorney General to issue guidance regarding the scope of the statutory definition of \"variola virus.\" Requires the Secretary to: (1) develop guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins may be rapidly accessed and utilized during emergencies; and (2) evaluate national needs of, and oversight of, high containment biological laboratories. Provides for the development of minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. Requires the Secretary to establish a Biological Laboratory Incident Reporting System."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Curecanti National Recreation Area Boundary Establishment Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1965, the National Park Service has been co- managing the Curecanti National Recreation Area under agreements with the Bureau of Reclamation. (2) The Curecanti National Recreation Area has never been legislatively established. (3) Public Law 106-76 directed the National Park Service to conduct a study to assess the natural, cultural, recreational, and scenic resources within and surrounding Curecanti National Recreation Area, and to identify and recommend a variety of alternatives and tools to protect those resource values and the character of the land. (4) The Curecanti National Recreation Area includes an abundance of natural, historic, and archeological features in a setting of canyons, pinnacles, cliffs, and mesas, offering the public opportunities for recreation and reflection within its scenic landscape. (5) The National Park Service, in cooperation with the Bureau of Reclamation, completed the Curecanti Resource Protection Study/EIS, and prepared a Report to Congress, October 2009, which recommends that Congress pass enabling legislation for the National Recreation Area. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Map to Establish Curecanti National Recreation Area'', numbered 616/ 100485, and dated March 5, 2010. (2) National recreation area.--The term ``national recreation area'' means the Curecanti National Recreation Area, established in section 4. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. CURECANTI NATIONAL RECREATION AREA, COLORADO. (a) Establishment.--There is established the Curecanti National Recreation Area in the State of Colorado, as a unit of the National Park System, consisting of approximately 51,830 acres, as generally depicted on the map. (b) Conservation Opportunity Area.--There is established a conservation opportunity area, consisting of approximately 24,300 acres, as generally depicted on the map. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION OF NATIONAL RECREATION AREA. (a) In General.--The Secretary shall administer the national recreation area in accordance with this Act, the cooperative agreements described in this section, and with laws and regulations generally applicable to units of the National Park System, including the National Park Service Organic Act (39 Stat. 535, 16 U.S.C. 1). (b) Dam, Power Plant, and Reservoir Management and Operations.-- Nothing in this Act shall affect or interfere with the authority of the Secretary under-- (1) the National Reclamation Act (Public Law 57-161; Stat. 388), as amended and supplemented, to operate the Uncompahgre Valley Reclamation Project; or (2) Public Law 84-485, as amended and supplemented, to operate the Wayne N. Aspinall Unit of the Colorado River Storage Project. (c) Cooperative Agreements.-- (1) In general.--The Secretary may enter into, or modify existing, management agreements involving the National Park Service, the Bureau of Reclamation, the Bureau of Land Management, or the Forest Service to manage Federal lands within the boundary of the national recreation area. (2) State lands.--The Secretary may enter into cooperative management agreements for any lands administered by the State of Colorado that are within or adjacent to the national recreation area, pursuant to the cooperative management authority found in section 802(a) of the National Parks Omnibus Management Act of 1998 (Public Law 105-391). (d) Recreational Activities.--The Secretary shall allow boating, boating-related activities, hunting, and fishing within the national recreation area in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no boating, hunting, or fishing shall be permitted for reasons of public safety. (e) Conservation Opportunity Area.--Within the boundaries of the conservation opportunity area established under this Act, the Secretary is authorized to acquire lands, or interests in lands, including conservation easements from willing sellers, and to provide technical assistance to landowners in order to conserve resources and values identified as important to the national recreation area on lands that are outside but adjacent to the national recreation area. (f) Withdrawal.--Subject to valid existing rights, all Federal lands within the national recreation area are withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the mining laws; and from disposition under all laws relating to mineral and geothermal leasing, and all amendments thereto. (g) Grazing.-- (1) State or private lands.--On State or private lands acquired for the national recreation area on which authorized grazing is occurring on the date of enactment of this Act, the Secretary, in consultation with the lessee, may allow the continuation of grazing on the land by the lessee at the time of acquisition, subject to applicable law (including regulations). (2) Federal land.--Where grazing is allowed on land that is Federal land on the date of the enactment of this section and is located within the boundary of the national recreation area, the Secretary is authorized to allow the continuation of such grazing unless the Secretary determines that grazing would harm the resources or values of the national recreation area. (3) Termination of leases.--Nothing in this section shall prohibit the Secretary from accepting the voluntary termination of leases or permits for grazing within the national recreation area. SEC. 6. ACQUISITION OF PROPERTY AND BOUNDARY MANAGEMENT. (a) In General.--The Secretary is authorized to acquire from willing sellers lands, or interests in lands, within the boundary of the national recreation area or the conservation opportunity area necessary for effective management of the national recreation area. Lands acquired within the conservation opportunity area shall be added to the national recreation area and the boundary of the national recreation area shall be adjusted accordingly. (b) Acquisition.--Lands identified in subsection (a) may be acquired by donation, purchase with donated or appropriated funds, transfer from another Federal agency, or exchange. Lands or interests in lands owned by the State of Colorado, or a political subdivision thereof, may only be acquired by donation or exchange. (c) Exchanges.--For purposes of management efficiency and expanded recreational opportunities, the Secretary is authorized to conduct land exchanges with the Secretary of Agriculture and between the National Park Service and the Bureau of Land Management. (d) Transfer of Administrative Jurisdiction.--The Secretary of Agriculture and the Bureau of Land Management shall transfer, without consideration, administrative jurisdiction for lands to be added to the national recreation area, as shown on the map, to the National Park Service. The boundary of the Gunnison National Forest shall be modified to reflect the transfer of administrative jurisdiction from the Secretary of Agriculture. SEC. 7. GENERAL MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date on which funds are made available to carry out this Act, the National Park Service, in consultation with the Bureau of Reclamation, shall prepare a general management plan for the national recreation area. (b) Inclusions.--The general management plan shall include, at a minimum-- (1) measures for the preservation of the resources of the national recreation area; (2) requirements for the type and extent of development and use of the national recreation area; (3) identification of visitor carrying capacities for the national recreation area; and (4) opportunities for involvement by the Bureau of Reclamation, the Bureau of Land Management, the Forest Service, the State of Colorado, and other local and national entities in the formulation of educational and recreational programs for the national recreation area and for developing and supporting the national recreation area.", "summary": "Curecanti National Recreation Area Boundary Establishment Act of 2010 - Establishes a boundary for the Curecanti National Recreation Area in Colorado and designates it as a unit of the National Park System. Establishes a conservation opportunity area within the Recreation Area. Withdraws all federal lands within the Recreation Area from specified public land, mining, and mineral and geothermal leasing laws. Requires the National Park Service (NPS) to develop a general management plan for the Recreation Area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transit Accessibility Innovation Act of 2014''. SEC. 2. TRANSIT ACCESSIBILITY INNOVATION PROGRAM. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5307 the following: ``Sec. 5308. Transit accessibility innovation program ``(a) In General.--The Secretary shall carry out a transit accessibility innovation program in accordance with the requirements of this section to encourage public transit systems to take actions to address deficiencies in service for individuals with disabilities. ``(b) Grants Authority.-- ``(1) In general.--In carrying out the program, the Secretary shall distribute amounts made available to carry out this section as competitive discretionary grants to public transit agencies for eligible projects. ``(2) Selection criteria.--The Secretary shall develop criteria to ensure that projects receiving funding under the program are innovative and replicable in other communities, and will result in a substantive improvement in service for individuals with disabilities. ``(c) Applications.-- ``(1) In general.--In order to be eligible to receive a grant under the program, a public transit agency shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. ``(2) Contents.--An application for a grant under the program shall contain, at a minimum, a description of-- ``(A) the project for which the applicant is seeking funding; ``(B) the anticipated benefits the project will deliver for the following long-term outcomes: community integration, safety, accessibility, quality, coordination, and customer service; ``(C) the expected contribution of the project to the inclusion of individuals with disabilities in the delivery of public transportation and ADA paratransit service; ``(D) the ability of the project to facilitate innovation in providing public transportation to individuals with disabilities; and ``(E) the ability of the project to attract new partnerships and non-Federal funding, including State, local, private, and philanthropic funding. ``(3) Community coordination requirements.-- ``(A) Certification.--To ensure that projects receiving funding under this section address the needs of individuals with disabilities in a geographic area, an application for a grant under the program shall contain a certification that-- ``(i) each project for which the applicant is seeking funding is included in a locally developed, coordinated public transit-human services transportation plan; and ``(ii) the plan was developed and approved through a process that included community participation, including by-- ``(I) seniors; ``(II) individuals with disabilities; ``(III) representatives of public, private, and nonprofit transportation and human service providers; and ``(IV) other members of the public. ``(B) Use of existing plans.--A plan used to coordinate the funding of projects under section 5310 may be used to satisfy the requirements of subparagraph (A). ``(C) Limitation.--The requirements of this paragraph shall not apply to the transportation promotion pilot program established under this section. ``(d) Factors.--In providing grant funds for projects under the program, the Secretary shall consider, at a minimum, the ability of the project to-- ``(1) enhance accessibility to rail and fixed route bus service; ``(2) promote paratransit coordination with other programs and utilize other revenue streams; ``(3) increase service quality to address customer complaints; ``(4) provide fixed route travel training for passengers and specialized training for paratransit personnel; ``(5) reduce turnover through increased wages and benefits, and increase monitoring, in the provision of ADA paratransit; ``(6) provide ADA complementary paratransit services in a way that maximizes quality, reliability, safety, customer satisfaction, and a stable workforce by determining what factors within contracting might impact the quality of ADA paratransit services; ``(7) improve ADA paratransit on-time performance and interoperability with other transportation services available to people with disabilities, both public and private; ``(8) delay or suspend proposed ADA paratransit service cuts triggered by the elimination or cutting of fixed route bus routes; ``(9) delay or suspend cuts for paratransit services that exceed ADA requirements, except that grant funds may not be issued under this section more than once for the same route (or a significantly similar route); ``(10) increase opportunities for community integration and independence of people with disabilities by promoting access to employment and other resources; and ``(11) augment passenger safety, without compromising passengers' rights under the ADA. ``(e) Practices To Promote Successful Outcomes and Sharing of Information.-- ``(1) Priority.--In providing grant funds for eligible projects under the program, the Secretary shall give priority to projects that are replicable in other communities using existing resources. ``(2) Set aside for activities to promote sharing of best practices.--For each fiscal year, the Secretary shall-- ``(A) set aside 2 percent of the funds made available to carry out this section; and ``(B) use those amounts to carry out activities to ensure that innovative practices, program models, and new service delivery options are collected, reviewed, and disseminated to other public transit agencies, so that the practices, models, and options can be replicated in other communities. ``(3) Technical assistance.--The Secretary shall provide technical assistance to recipients of grant funds under the program to ensure that the projects carried out using the funds are successful. ``(f) Maintenance of Effort.-- ``(1) ADA minimum standards.--Funds received under the program may not be used to meet the minimum standards of the ADA, including ADA complementary paratransit service requirements. ``(2) Certification.--To ensure that grant activities are not supplanting existing, budgeted services and that public transit agencies are upholding maintenance of effort on existing programs, a public transit agency receiving grant funds under the program shall-- ``(A) certify that the funds will not be used to pay for existing services; or ``(B) provide an explanation as to why the existing services are justified grant activities. ``(g) Grant Requirements.--A grant under this section shall be subject to the same requirements as a grant under section 5307, except that any public transit agency may use grant funds received under the program for operating expenses. ``(h) Transportation Promotion Pilot Program.-- ``(1) Set aside.--For each fiscal year, the Secretary shall-- ``(A) set aside 1 percent of the funds made available to carry out this section or $100,000, whichever amount is greater; and ``(B) use those amounts to carry out a transportation promotion pilot program under this subsection. ``(2) Purpose.--The purpose of the transportation promotion pilot program shall be to ensure that-- ``(A) public transit agencies fulfill their requirements under the ADA; and ``(B) individuals with disabilities have advocates to ensure greater opportunities for integration and access into transit systems. ``(3) Grant authority.-- ``(A) In general.--In carrying out the transportation promotion pilot program, the Secretary shall make grants to-- ``(i) agencies implementing a system established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) that have demonstrated histories of transportation expertise or advocacy; and ``(ii) nonprofit organizations that have demonstrated histories of transportation expertise or advocacy. ``(B) Eligibility.--To be eligible to receive a grant under this paragraph, an agency or organization shall demonstrate to the Secretary that the agency or organization-- ``(i) has a mission that includes individual or systemic advocacy and monitoring to address the transportation needs of individuals with disabilities; and ``(ii) has the support of other organizations in the disability community. ``(C) Use of grants.--Grants funds received under this paragraph shall be used to fund individual or systemic advocacy and monitoring to address the transportation needs of people with disabilities. ``(i) Limitation on Statutory Construction.--Nothing in this section may be construed to affect projects or activities carried out under section 5310 or the funding of such projects or activities. ``(j) Definitions.--In this section, the following definitions apply: ``(1) ADA.--The term `ADA' means the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(2) ADA paratransit.--The term `ADA paratransit' means the provision of nonfixed route paratransit transportation services in accordance with section 223 of the ADA (42 U.S.C. 12143). ``(k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2015 through 2020.''. (b) Clerical Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 5307 the following: ``5308. Transit accessibility innovation program.''. SEC. 3. RAISING CAPS ON USE OF FORMULA FUNDS FOR PROVISION OF NONFIXED ROUTE PARATRANSIT TRANSPORTATION SERVICES. Section 5302(3)(I) of title 49, United States Code, is amended by striking ``10 percent'' and inserting ``15 percent''.", "summary": "Transit Accessibility Innovation Act of 2014 - Directs the Secretary of Transportation (DOT) to implement a transit accessibility innovation program by distributing competitive discretionary grants to public transit agencies for eligible projects in order to encourage public transit systems to take action to address deficiencies in service for individuals with disabilities. Directs the Secretary, for each fiscal year, to use 2% of funds made available under this Act to carry out activities to ensure that innovative practices, program models, and new service delivery options are collected, reviewed, and disseminated to other public transit agencies for replication in other communities. Directs the Secretary, for each fiscal year, also to use certain funds to carry out a transportation promotion pilot program to ensure that: (1) public transit agencies fulfill their requirements under the Americans with Disabilities Act of 1990 (ADA), and (2) individuals with disabilities have advocates to ensure greater opportunities for integration and access into transit systems. Requires the Secretary to make grants to: (1) agencies implementing a system established under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 that have demonstrated histories of transportation expertise or advocacy, and (2) nonprofit organizations that have also demonstrated such histories. Increases from 10% to 15% the limitation on the use of a recipient's annual formula apportionment for provision of nonfixed route paratransit transportation services in accordance with the ADA."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Suspend Brazil GSP Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) According to the Department of State, there are at least 50 cases involving at least 64 children who were habitual residents of the United States and who were removed to Brazil by one parent, wrongfully denying custody to the parent in the United States, and who have not been returned to the United States as required under the Convention on the Civil Aspects of International Child Abduction, done at the Hague on October 25, 1980 (TIAS 11670; in this section referred to as the ``Hague Convention''). (2) David Goldman, a United States citizen and resident of New Jersey, has been trying unsuccessfully since June 2004 to secure the return of his son Sean to the United States where Sean maintained his habitual residence until his mother, Bruna Bianchi Ribeiro Goldman, removed Sean to Brazil. (3) On September 3, 2004, Mr. Goldman filed an application for the immediate return of Sean to the United States under the Hague Convention to which both the United States and Brazil are party and which entered into force between Brazil and the United States on December 1, 2003. (4) Pursuant to Article 12 of the Hague Convention, the judicial authority of Brazil was required to order Sean's return to the United States ``forthwith'', customarily defined under international law as within six weeks after an application for return has been filed. (5) On October 13, 2005, the Brazilian court refused to return Sean in contravention of Brazil's obligations under the Hague Convention even though it found that Sean was a habitual resident of the United States and, pursuant to international law, had been wrongfully removed and retained in Brazil. (6) On August 22, 2008, Mrs. Goldman passed away in Brazil leaving Sean without a mother and separated from his biological father in the United States. Instead of returning Sean to the custody of his father David, Mrs. Goldman's second husband, Joao Paulo Lins e Silva, petitioned the Brazilian courts for custody rights over Sean. (7) On September 25, 2008, Mr. Goldman filed an amended application under the Hague Convention against Mr. Lins e Silva for the return of custody over Sean. (8) On June 1, 2009, a federal court judge in Brazil ordered that Sean be turned over to the United States consulate in Rio de Janeiro and returned to his father on June 3, 2009. The court further ordered that, following a 30-day adaptation period in the United States, Mr. Goldman be given full custody over Sean. (9) On June 2, 2009, one Brazilian Supreme Court justice suspended the order of the first level of the Federal Court on the basis of a motion filed by the Progressive Party, a small Brazilian political party, that objects to the application of the Hague Convention in Brazil. This suspension must now be heard by the full Supreme Court, could further delay the Goldman case for months, and could prevent the return of any other abducted children to the United States. (10) Brazil is a primary beneficiary under the Generalized System of Preferences program. In 2008, Brazil received duty- free status under the GSP for United States imports totaling $2.75 billion. (11) A country that refuses to abide by its international obligations pursuant to the Hague Convention and recognize the international rights of parents and their children from the United States should not be able to export goods to the United States duty-free under the Generalized System of Preferences program. (b) Declaration of Purpose.--The purpose of this Act is to-- (1) attain the immediate return of Sean Goldman and all children to the United States who are being held wrongfully in Brazil in contravention of the Hague Convention; and (2) impress upon the judiciary, central authority, and law enforcement of Brazil the importance of abiding by their respective obligations pursuant to the Hague Convention. SEC. 3. SUSPENSION OF APPLICATION OF GENERALIZED SYSTEM OF PREFERENCES FOR BRAZIL. (a) Notification of Suspension of Duty-Free Treatment.--Not later than 7 days after the date of the enactment of this Act, the President shall notify the member countries of the World Trade Organization that the United States is suspending the application of Generalized System of Preferences for Brazil in accordance with the requirements of this section. (b) Suspension of Duty-Free Treatment.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the President shall suspend the application of Generalized System of Preferences for Brazil. (2) Waiver.--The President may waive the application of paragraph (1) if the President determines and reports to the appropriate congressional committees that it is important to the national interests of the United States to do so. (c) Reinstatement of Duty-Free Treatment.--The President may reinstate the application of Generalized System of Preferences for Brazil if the President certifies to the appropriate congressional committees that the following requirements have been satisfied: (1) The central authority of Brazil is complying with its obligations under the Convention on the Civil Aspects of International Child Abduction, done at the Hague on October 25, 1980 (TIAS 11670; in this section referred to as the ``Hague Convention'') with respect to international child abduction cases involving children from the United States. (2) The judicial system of Brazil is complying with its obligations under the Hague Convention with respect to international child abduction cases involving children from the United States. (3) The law enforcement system of Brazil is complying with its obligations under the Hague Convention with respect to international child abductions cases involving children from the United States. SEC. 4. DEFINITIONS. In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Finance of the Senate. (2) Generalized system of preferences.--The term ``Generalized System of Preferences'' means duty-free treatment provided to eligible articles from beneficiary developing countries under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).", "summary": "Suspend Brazil GSP Act - Declares that it is the purpose of this Act to: (1) attain the immediate return of Sean Goldman and all children of the United States who are being held wrongfully in Brazil in contravention of the Convention on the Civil Aspects of International Child Abduction (Hague Convention); and (2) impress upon Brazil the importance of abiding by their obligations under the Hague Convention with respect to international child abduction cases involving children from the United States. Directs the President to: (1) notify World Trade Organization (WTO) member countries, not later than seven days after enactment of this Act, that the United States is suspending the Generalized System of Preferences (GSP) for Brazil; and (2) suspend, not later than 30 days after enactment of this Act, GSP and duty-free treatment for Brazil. Authorizes the President to reinstate GSP and duty-free treatment for Brazil if he certifies to Congress that Brazil is complying with the Hague Convention."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Energy Review Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) the President's Council of Advisors on Science and Technology recommends that the United States develop a Government wide Federal energy policy and update the policy regularly with strategic Quadrennial Energy Reviews similar to the reviews conducted by the Department of Defense; (2) as the lead agency in support of energy science and technology innovation, the Department of Energy has conducted a Quadrennial Technology Review of the energy technology policies and programs of the Department; (3) the Quadrennial Technology Review of the Department of Energy serves as the basis for coordination with other agencies and on other programs for which the Department has a key role; (4) a Quadrennial Energy Review would-- (A) establish integrated, Government wide national energy objectives in the context of economic, environmental, and security priorities; (B) coordinate actions across Federal agencies; (C) identify the resources needed for the invention, adoption, and diffusion of energy technologies; and (D) provide a strong analytical base for Federal energy policy decisions; (5) the development of an energy policy resulting from a Quadrennial Energy Review would-- (A) enhance the energy security of the United States; (B) create jobs; and (C) mitigate environmental harm; and (6) while a Quadrennial Energy Review will be a product of the executive branch, the review will have substantial input from-- (A) Congress; (B) the energy industry; (C) academia; (D) nongovernmental organizations; and (E) the public. SEC. 3. QUADRENNIAL ENERGY REVIEW. Section 801 of the Department of Energy Organization Act (42 U.S.C. 7321) is amended to read as follows: ``SEC. 801. QUADRENNIAL ENERGY REVIEW. ``(a) Definitions.--In this section: ``(1) Director.--The term `Director' means the Director of the Office of Science and Technology Policy. ``(2) Federal laboratory.-- ``(A) In general.--The term `Federal Laboratory' has the meaning given the term `laboratory' in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)). ``(B) Inclusion.--The term `Federal Laboratory' includes a federally funded research and development center sponsored by a Federal agency. ``(3) Interagency working group.--The term `interagency working group' means a working group established under subsection (b)(1). ``(4) Quadrennial energy review.--The term `Quadrennial Energy Review' means a comprehensive multiyear examination of the energy programs and technologies of the Federal Government conducted under this section. ``(b) Interagency Working Group.-- ``(1) Establishment of interagency working group.-- Beginning on February 1, 2013, and every 4 years thereafter, the President shall establish an interagency working group to coordinate the Quadrennial Energy Review. ``(2) Co-chairpersons.--The Secretary and the Director shall be co-chairpersons of the interagency working group. ``(3) Membership.--The interagency working group shall be comprised of representatives at level I or II of the Executive Schedule of-- ``(A) the Department of Commerce; ``(B) the Department of Defense; ``(C) the Department of State; ``(D) the Department of the Interior; ``(E) the Department of Agriculture; ``(F) the Department of the Treasury; ``(G) the Department of Transportation; ``(H) the Office of Management and Budget; ``(I) the National Science Foundation; ``(J) the Environmental Protection Agency; and ``(K) such other Federal organizations, departments, and agencies that the President considers to be appropriate. ``(c) Conduct of Review.--Each Quadrennial Energy Review shall be conducted to provide an integrated view of national energy objectives and Federal energy policy, including alignment of research programs, incentives, regulations, and partnerships. ``(d) Submission of Quadrennial Energy Review to Congress.-- ``(1) In general.--Not later than February 1, 2014, and every 4 years thereafter, the Secretary, in cooperation with the Director, shall publish and submit to Congress a report on the Quadrennial Energy Review. ``(2) Inclusions.--The report described in paragraph (1) shall include, at a minimum-- ``(A) an integrated view of short-, intermediate-, and long-term objectives for Federal energy policy in the context of economic, environmental, and security priorities; ``(B) anticipated Federal actions (including programmatic, regulatory, and fiscal actions) and resource requirements-- ``(i) to achieve the objectives described in subparagraph (A); and ``(ii) to be coordinated across multiple agencies; ``(C) an analysis of the prospective roles of parties (including academia, industry, consumers, the public, and Federal agencies) in achieving the objectives described in subparagraph (A), including-- ``(i) an analysis, by energy use sector, of-- ``(I) commercial and residential buildings; ``(II) industry; ``(III) transportation; ``(IV) electric power; and ``(V) agriculture; ``(ii) requirements for invention, adoption, development, and diffusion of energy technologies that are mapped onto each of the energy use sectors; and ``(iii) other research that inform strategies to incentivize desired actions; ``(D) an assessment of policy options to increase domestic energy supplies; ``(E) an evaluation of energy storage, transmission, and distribution requirements, including requirements for renewable energy; ``(F) an integrated plan for the involvement of the Federal Laboratories in energy programs; ``(G) portfolio assessments that describe the optimal deployment of resources, including prioritizing financial resources for energy programs; ``(H) a mapping of the linkages among basic research and applied programs, demonstration programs, and other innovation mechanisms across the Federal agencies; ``(I) an identification of, and projections for, demonstration projects, including timeframes, milestones, sources of funding, and management; ``(J) an identification of public and private funding needs for various energy technologies, systems, and infrastructure, including consideration of public- private partnerships, loans, and loan guarantees; ``(K) an assessment of global competitors and an identification of programs that can be enhanced with international cooperation; ``(L) an identification of policy gaps that need to be filled to accelerate the adoption and diffusion of energy technologies, including-- ``(i) Federal tax policies; and ``(ii) the role of Federal agencies as early adopters and purchasers of new energy technologies; ``(M) an analysis of-- ``(i) points of maximum leverage for policy intervention to achieve outcomes; and ``(ii) areas of energy policy that can be most effective in meeting national goals for the energy sector; and ``(N) recommendations for executive branch organization changes to facilitate the development and implementation of Federal energy policies. ``(e) Executive Secretariat.-- ``(1) In general.--The Secretary shall provide the Executive Secretariat with the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review required under this section. ``(2) Cooperation.--The heads of applicable Federal agencies shall cooperate with the Secretary and provide such assistance, information, and resources as the Secretary may require to assist in carrying out this section.''.", "summary": "Quadrennial Energy Review Act of 2011 - Amends the Department of Energy Organization Act to direct the President to establish an interagency working group to coordinate the Quadrennial Energy Review to provide an integrated view of national energy objectives and federal energy policy, including alignment of research programs, incentives, regulations, and partnerships. Requires the Secretary of Energy, in cooperation with the Director of the Office of Science and Technology Policy, to report to Congress on the Quadrennial Energy Review, including an integrated view of short-, intermediate-, and long-term objectives for federal energy policy in the context of economic, environmental, and security priorities. Requires the Secretary to provide the Executive Secretariat with the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wood Stove Regulatory Relief Act of 2014''. SEC. 2. REGULATION OF NEW RESIDENTIAL WOOD HEATERS, NEW RESIDENTIAL HYDRONIC HEATERS, NEW FORCED-AIR FURNACES, AND NEW RESIDENTIAL MASONRY HEATERS. (a) Prohibition.--During the period specified in subsection (c), the Administrator may not finalize, issue, implement, or enforce any rule described in subsection (b) unless such rule meets the requirements described in subsection (d). (b) Rules.--Subsection (a) applies with respect to-- (1) the proposed rule entitled ``Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces, and New Residential Masonry Heaters'' published at 79 Fed. Reg. 6330 (February 3, 2014) or any successor or substantially similar rule; and (2) any other rule under section 111 of the Clean Air Act (42 U.S.C. 7411) that is applicable to any new source that is a residential wood heater, a residential hydronic heater, a forced-air furnace, or a residential masonry heater. (c) Applicability.--This Act applies during the 8-year period beginning on the date of enactment of this Act. (d) Requirements.-- (1) Numeric emission limits.--During the period specified in subsection (c), in finalizing or issuing any rule described in subsection (b), the Administrator may not establish a particulate matter emissions limit-- (A) for adjustable rate wood heaters or pellet heaters/stoves that were, on or before the effective date of the rule, certified as being in compliance with any applicable standard of performance for particulate matter, that is less than 4.5 grams of particulate matter per hour; (B) for all other adjustable rate wood heaters, single burn rate wood heaters, or pellet heaters/ stoves, that is less than 4.5 grams of particulate matter per hour; (C) for any residential hydronic heater, that is less than 0.32 pound per million British thermal unit heat output as measured under ASTM E2618-13 ``Standard Test Method for Measurement of Particulate Emissions and Heating Efficiency of Solid Fuel-Fired Hydronic Heating Appliances'' using either cordwood or cribs; or (D) for any forced-air furnace, that is less than 0.93 pound per million British thermal unit heat output. (2) Transition period.--During the period specified in subsection (c), in finalizing or issuing any rule described in subsection (b), the Administrator shall-- (A) with respect to a residential wood heater that was certified on or before the effective date of the rule by the Administrator as in compliance with any applicable emissions limit in effect prior to the date of enactment of this Act-- (i) provide that such certification shall remain valid until the date that is five years after such heater was certified; and (ii) permit any such heater to be manufactured and sold at retail until the date that is five years after such heater was certified; (B) with respect to a forced-air furnace-- (i) except as provided in clause (ii)-- (I) that is manufactured on or before the effective date of such rule, permit such forced-air furnace to be sold at retail for a period of at least one year after such effective date; or (II) that is manufactured after the effective date of such rule, not require such forced-air furnace to meet any applicable particulate matter emissions limit set forth in such rule until the date that is at least one year after such effective date; or (ii) that was tested under Canadian Standards Administration B415.1-10 test protocol on or before the effective date of the rule and met a particulate matter emissions limit of 0.93 pound per million British thermal unit heat output, permit such forced-air furnace to be manufactured and sold at retail for a period of five years after such effective date; and (C) with respect to a hydronic heater that-- (i) is a qualified model, deem such hydronic heater to be certified as in compliance with any otherwise applicable emissions limit under such rule for the duration of the period it would be considered a qualified model, but in no case for a period of less than 3 years beginning on the effective date of such rule; or (ii) is not a qualified model and that is manufactured on or before the effective date of such rule, permit such hydronic heater to be sold at retail for a period of at least one year after such effective date. (3) Certification procedures.-- (A) Independent accredited third party testing and certification.--During the period specified in subsection (c), in finalizing or issuing any rule described in subsection (b), the Administrator shall provide that certifications of compliance with any applicable emissions limit under such rule be issued by independent third party laboratories accredited as certification bodies under ISO/IEC 17065, based on testing performed by the certification body or another laboratory accredited under ISO/IEC 17025 to perform certification testing. (B) Limited role of epa.--During the period specified in subsection (c), in finalizing or issuing any rule described in subsection (b), the Administrator shall provide that the Environmental Protection Agency's role in any certification or auditing process provided in such rule shall be limited to conducting selective audits of the testing, certification, and quality assurance/quality control functions performed by certification bodies or test laboratories that are accredited by the ISO. (e) Definitions.--In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) ISO.--The term ``ISO'' means the International Organization for Standardization. (3) ISO/IEC 17025.--The term ``ISO/IEC 17025'' means the International Organization for Standardization/International Electrotechnical Commission standard number 17025. (4) ISO/IEC 17065.--The term ``ISO/IEC 17065'' means the International Organization for Standardization/International Electrotechnical Commission standard number 17065. (5) New source.--The term ``new source'' has the meaning given such term in section 111(a)(2) of the Clean Air Act (42 U.S.C. 7411(a)(2)). (6) Standard of performance.--The term ``standard of performance'' has the meaning given such term in section 111(a)(1) of the Clean Air Act (42 U.S.C. 7411(a)(1)). (7) Qualified model.--The term ``qualified model'' means, with respect to a hydronic heater, a model that had been shown to meet performance levels established by the Administrator under a voluntary partnership program in effect prior to the date of enactment of this Act.", "summary": "Wood Stove Regulatory Relief Act of 2014 - Prohibits the Administrator of the Environmental Protection Agency (EPA), for an eight-year period, from finalizing, issuing, implementing, or enforcing rules under the Clean Air Act applicable to any new source of air pollutants that is a residential wood heater, a residential hydronic heater, a forced-air furnace, or a residential masonry heater unless the rules comply with this Act. Prohibits the Administrator from setting particulate matter emission limits below a specified threshold for adjustable rate wood heaters, single burn rate wood heaters, pellet heaters/stoves, residential hydronic heaters, and forced-air furnaces. Phases in requirements for complying with emission limits. Sets forth provisions requiring third-party testing of compliance with emission limits."}
{"article": "SECTION 1. AUTHORIZATION OF APPROPRIATIONS OF ADDITIONAL AMOUNT FOR FISCAL YEAR 2000 FOR DISASTER RELIEF FOR THE VICTIMS OF HURRICANE FLOYD. (a) Findings.--Congress finds that-- (1) between August 29 and September 9, 1999, Hurricane Dennis hovered off the coast of North Carolina and eventually made landfall off Cape Hatteras; (2) Hurricane Dennis brought 20 inches of rain to portions of North Carolina, wiped out significant portions of the highway network on the North Carolina Outer Banks, and flooded homes and businesses; (3) Hurricane Dennis caused millions of dollars in damage to houses, businesses, farms, fishermen, roads, beaches and protective dunes; (4) between September 14 and 16, 1999, Hurricane Floyd menaced most of the southeastern seaboard of the United States, provoking the largest peace time evacuation of eastern Florida, the Georgia coast, the South Carolina coast, and the North Carolina Coast; (5) on September 16, 1999, in the early morning hours, Hurricane Floyd made landfall at the Cape Fear River, dumping up to 18 inches of rain on sections of North Carolina only days after the heavy rainfall from Hurricane Dennis; (6) the result of the landfall of Hurricane Floyd was the worst recorded flooding in the history of North Carolina; (7) after making landfall, Hurricane Floyd continued to move up the eastern seaboard, causing flooding and tornadoes in Virginia, Maryland, Pennsylvania, New Jersey, New York and Connecticut; (8) Hurricane Floyd is responsible for the known deaths of 54 people, 35 of whom were confirmed dead in North Carolina, 3 in New Jersey, 2 in New York, 6 in Pennsylvania, 4 in Virginia, 2 in Delaware, 1 in Vermont, and 1 in Connecticut, with many people still missing; (9) as the flood waters recede, the death toll from Hurricane Floyd is expected to grow; (10) farmers and fishermen have been among the most drastically affected by Hurricane Floyd; (11) in North Carolina alone, the agricultural loss estimates are already $1,300,000,000, and are likely to rise far higher; (12) North Carolina is the third most agriculturally diverse State in the country, producing, among other products, tobacco, cotton, peanuts, soybeans, corn, sweet potatoes, livestock, dairy, and produce; (13) last year in North Carolina, the total commodities sold from the State topped $7 billion, and in Virginia they generated $2.4 billion in cash receipts; (14) in North Carolina, more than 100,000 hogs have drowned, and more than 3,000,000 poultry have been killed by the flooding; (15) an estimated 120,000,000 gallons of hog waste have spilled into the environment, polluting rivers and ground water, and dozens of waste lagoons have been destroyed or flooded; (16) millions of other animals in North Carolina are in danger of starving to death, trapped in areas where it is impossible to deliver feed; (17) 80 percent of the North Carolina cotton crop, 25 percent of the Virginia cotton crop, 75 to 80 percent of the soybean crop, and 75 to 80 percent of the peanut crop (including 25 percent of the Virginia peanut crop) are expected to be lost; (18) the North Carolina sweet potato crop may be a complete loss; (19) seed crops in the area have been almost completely destroyed; (20) farming equipment throughout the area has been destroyed; (21) debris cleanup in affected areas will be overwhelming, and the possibility of soil contamination will have to be assessed on farms across the State; and (22) hundreds of fishermen have lost their boats as a result of the force of Hurricane Floyd and Hurricane Dennis. (b) Authorization of Appropriations.-- (1) Agriculture.--There is authorized to be appropriated for the Department of Agriculture for fiscal year 2000, $3,000,000,000, to remain available until expended, for expenses of the Department relating to the provision of disaster relief for agricultural producers affected by Hurricane Floyd and for other Hurricane Floyd-related relief under-- (A) the flooded land reserve program, in accordance with section 1124 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998 (Public Law 105-277; 7 U.S.C. 1421 note); (B) the Wetlands Reserve Program, authorized by subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837); (C) the Environmental Quality Incentives Program under chapter 4 of subtitle D of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.); (D) the Emergency Conservation Program under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.); (E) the rural housing insurance fund under section 502 of the Housing Act of 1949 (42 U.S.C. 1487); (F) the program to provide low income housing repair grants under section 504 of the Housing Act of 1949 (42 U.S.C. 1474); and (G) any other program that provides appropriate disaster relief, as determined by the Secretary of Agriculture. (2) Commerce.--There is authorized to be appropriated for the Department of Commerce for fiscal year 2000, $50,000,000 for expenses of the Department of Commerce to provide emergency disaster assistance to persons or entities that have incurred losses from a commercial fishery failure described in 308(b)(1) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(b)) and due to Hurricane Floyd, to remain available until expended. (3) FEMA.--There is authorized to be appropriated for the Federal Emergency Management Agency for fiscal year 2000, $250,000,000 for emergency expenses resulting from Hurricane Floyd, to remain available until expended. (c) Construction.--The amounts authorized to be appropriated by subsection (b) are in addition to any other amounts authorized to be appropriated for the Department of Agriculture, the Department of Commerce or the Federal Emergency Management Agency for fiscal year 2000 for the expenses described in that subsection. (d) Designation As Emergency Spending.--The appropriation of any amount under an authorization of appropriations in subsection (b) shall be-- (1) designated as emergency spending in accordance with section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)); and (2) made available on an emergency basis.", "summary": "Authorizes appropriations for: (1) the Department of Commerce for FY 2000 for expenses of providing emergency disaster assistance to persons or entities that have incurred losses from a commercial fishery failure due to Hurricane Floyd; and (2) the Federal Emergency Management Agency for FY 2000 for emergency expenses resulting from Hurricane Floyd. Provides that the appropriation of any amount authorized under this Act shall be: (1) designated as emergency spending in accordance with the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act); and (2) made available on an emergency basis."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Rate Review Act''. SEC. 2. PROTECTION OF CONSUMERS FROM EXCESSIVE, UNJUSTIFIED, OR UNFAIRLY DISCRIMINATORY RATES. (a) Protection From Excessive, Unjustified, or Unfairly Discriminatory Rates.--The first section 2794 of the Public Health Service Act (42 U.S.C. 300gg-94), as added by section 1003 of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by adding at the end the following new subsection: ``(e) Protection From Excessive, Unjustified, or Unfairly Discriminatory Rates.-- ``(1) Authority of states.--Nothing in this section shall be construed to prohibit a State from imposing requirements (including requirements relating to rate review standards and procedures and information reporting) on health insurance issuers with respect to rates that are in addition to the requirements of this section and are more protective of consumers than such requirements. ``(2) Consultation in rate review process.--In carrying out this section, the Secretary shall consult with the National Association of Insurance Commissioners and consumer groups. ``(3) Determination of who conducts reviews for each state.--The Secretary shall determine, after the date of enactment of this section and periodically thereafter, the following: ``(A) In which States the State insurance commissioner or relevant State regulator shall undertake the corrective actions under paragraph (4), as a condition of the State receiving the grant in subsection (c), based on the Secretary's determination that the State is adequately prepared to undertake and is adequately undertaking such actions. ``(B) In which States the Secretary shall undertake the corrective actions under paragraph (4), in cooperation with the relevant State insurance commissioner or State regulator, based on the Secretary's determination that the State is not adequately prepared to undertake or is not adequately undertaking such actions. ``(4) Corrective action for excessive, unjustified, or unfairly discriminatory rates.--In accordance with the process established under this section, the Secretary or the relevant State insurance commissioner or State regulator shall take corrective actions to ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected prior to implementation, or as soon as possible thereafter, including through mechanisms such as-- ``(A) denying rates; ``(B) modifying rates; or ``(C) requiring rebates to consumers.''. (b) Clarification of Regulatory Authority.--Such section is further amended-- (1) in subsection (a)-- (A) in the heading, by striking ``Premium'' and inserting ``Rate''; (B) in paragraph (1), by striking ``unreasonable increases in premiums'' and inserting ``potentially excessive, unjustified, or unfairly discriminatory rates, including premiums,''; and (C) in paragraph (2)-- (i) by striking ``an unreasonable premium increase'' and inserting ``a potentially excessive, unjustified, or unfairly discriminatory rate''; (ii) by striking ``the increase'' and inserting ``the rate''; and (iii) by striking ``such increases'' and inserting ``such rates''; (2) in subsection (b)-- (A) by striking ``premium increases'' each place it appears and inserting ``rates''; and (B) in paragraph (2)(B), by striking ``premium'' and inserting ``rate''; and (3) in subsection (c)(1)-- (A) in the heading, by striking ``Premium'' and inserting ``Rate''; (B) by inserting ``that satisfy the condition under subsection (e)(3)(A)'' after ``award grants to States''; and (C) in subparagraph (A), by striking ``premium increases'' and inserting ``rates''. (c) Conforming Amendment.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (1) in section 2723 (42 U.S.C. 300gg-22), as redesignated by the Patient Protection and Affordable Care Act-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``and section 2794'' after ``this part''; and (ii) in paragraph (2), by inserting ``or section 2794'' after ``this part''; and (B) in subsection (b)-- (i) in paragraph (1), by inserting ``and section 2794'' after ``this part''; and (ii) in paragraph (2)-- (I) in subparagraph (A), by inserting ``or section 2794 that is'' after ``this part''; and (II) in subparagraph (C)(ii), by inserting ``or section 2794'' after ``this part''; and (2) in section 2761 (42 U.S.C. 300gg-61)-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``and section 2794'' after ``this part''; and (ii) in paragraph (2)-- (I) by inserting ``or section 2794'' after ``set forth in this part''; and (II) by inserting ``and section 2794'' after ``the requirements of this part''; and (B) in subsection (b)-- (i) by inserting ``and section 2794'' after ``this part''; and (ii) by inserting ``and section 2794'' after ``part A''. (d) Applicability to Grandfathered Plans.--Section 1251(a)(4)(A) of the Patient Protection and Affordable Care Act (Public Law 111-148), as added by section 2301 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), is amended by adding at the end the following: ``(v) Section 2794 (relating to reasonableness of rates with respect to health insurance coverage).''. (e) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act.", "summary": "Health Insurance Rate Review Act - Amends the Public Health Service Act to declare that federal provisions requiring the Secretary of Health and Human Services (HHS) to review unreasonable premium increases in health care coverage shall not be construed to prohibit a state from imposing additional rate requirements on health insurance issuers that are more protective of consumers. Expands such review to include all rate increases, not only premium increases. Directs the Secretary or the relevant state insurance commissioner (or state regulator) to take corrective actions to ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected prior to, or as soon as possible after, implementation, including through mechanisms such as denying rates, modifying rates, or requiring rebates to consumers. Requires the Secretary to determine whether the state insurance commissioner or regulator or the Secretary will undertake such corrective actions based on whether the state can adequately undertake such actions. Applies these provisions to grandfathered health plans under the Patient Protection and Affordable Care Act."}
{"article": "SECTION 1. HIGHWAY FUEL TAX HOLIDAY. (a) Temporary Suspension of Highway Fuel Taxes on Gasoline and Diesel Fuel.-- (1) In general.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Suspension of Taxes on Gasoline and Diesel Fuel.-- ``(1) In general.--During the applicable period, each rate of tax referred to in paragraph (2) shall be reduced to zero cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are-- ``(A) the rate of tax otherwise applicable to gasoline under clause (i) of subsection (a)(2)(A), determined with regard to subsection (a)(2)(B) and without regard to subsection (a)(2)(C), ``(B) the rate of tax otherwise applicable to diesel fuel under clause (iii) of subsection (a)(2)(A), determined with regard to subsection (a)(2)(B) and without regard to subsection (a)(2)(C), and ``(C) the rate of tax otherwise applicable to diesel fuel under paragraph (1) of section 4041(a) with respect to fuel sold for use or used in a diesel- powered highway vehicle. ``(3) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning on May 26, 2008, and ending on September 1, 2008. ``(4) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 and to the Leaking Underground Storage Tank Trust Fund under 9508, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section or section 4041.''. (2) Effective date.--The amendment made by this subsection shall take effect on the date of the enactment of this Act. (b) Floor Stock Refunds.-- (1) In general.--If-- (A) before the tax suspension date, a tax referred to in section 4081(f)(2) of the Internal Revenue Code of 1986 has been imposed under such Code on any liquid, and (B) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer''), against the taxpayer's subsequent semi-monthly deposit of such tax, an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on the tax suspension date. (2) Time for filing claims; certifications necessary to file claims.-- (A) In general.--No credit or refund shall be allowed or made under this subsection-- (i) unless claim therefore is filed with the Secretary before the date which is 6 months after the tax suspension date, and (ii) in any case where liquid is held by a dealer (other than the taxpayer) on the tax suspension date, unless the taxpayer files with the Secretary-- (I) a certification that the taxpayer has given a credit to such dealer with respect to such liquid against the dealer's first purchase of liquid from the taxpayer subsequent to the tax suspension date, and (II) a certification by such dealer that such dealer has given a credit to a succeeding dealer (if any) with respect to such liquid against the succeeding dealer's first purchase of liquid from such dealer subsequent to the tax suspension date. (B) Reasonableness of claims certified.--Any certification made under subparagraph (A) shall include an additional certification that the claim for credit was reasonably based on the taxpayer's or dealer's past business relationship with the succeeding dealer. (3) Definitions.--For purposes of this subsection-- (A) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (B) the term ``tax suspension date'' means May 26, 2008. (4) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. (c) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any liquid on which tax would have been imposed under section 4081 of the Internal Revenue Code of 1986 during the applicable period but for the amendment made by subsection (a), and which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax in an amount equal to the tax which would be imposed on such liquid had the taxable event occurred on the floor stocks tax date. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the date which is 6 months after the floor stocks tax date. (3) Definitions.--For purposes of this subsection-- (A) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (B) Gasoline and diesel fuel.--The terms ``gasoline'' and ``diesel fuel'' have the respective meanings given such terms by section 4083 of such Code. (C) Floor stocks tax date.--The term ``floor stocks tax date'' means September 2, 2008. (D) Applicable period.--The term ``applicable period'' means the period described in section 4081(f)(3) of such Code. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to gasoline or diesel fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of such Code is allowable for such use. (5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on gasoline or diesel fuel held in the tank of a motor vehicle. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1)-- (i) on gasoline (other than aviation gasoline) held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (ii) on diesel fuel held on such date by any person if the aggregate amount of diesel fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (7) Other law applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this paragraph, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081. (d) Secretary.--For purposes of this section, the term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (e) Benefits of Tax Reduction Should Be Passed on to Consumers.--It is the policy of Congress that-- (1) consumers immediately receive the benefit of the reduction in taxes resulting from the amendment made by subsection (a), and (2) transportation motor fuels producers and other dealers take such actions as necessary to reduce transportation motor fuels prices to reflect such reduction, including immediate credits to customer accounts representing tax refunds allowed as credits against excise tax deposit payments under the floor stocks refund provisions of subsection (b).", "summary": "Amends the Internal Revenue Code to suspend excise taxes on gasoline and diesel fuels between May 26, 2008, and September 1, 2008. Provides for reimbursement from the Treasury to the Highway Trust Fund for any reduction in Trust Fund receipts resulting from such suspension. Expresses the policy of Congress that: (1) consumers immediately receive the benefit of the reduction in taxes resulting from this Act; and (2) transportation motor fuels producers and other dealers take necessary actions to reduce fuel prices to reflect such reduction in taxes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Violence Against Children Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) People under the age of 18 make up approximately 12 percent of all crime victims known to police, including 71 percent of all sex crime victims and 38 percent of all kidnaping victims. (2) People from the ages of 12 through 17 are over 2 times more likely to be victims of violent crime than adults. (3) It has been estimated that only 28 percent of crimes against children are actually reported. (4) Some 1,200 children die as a result of abuse each year, and approximately 879,000 children are victims of abuse. (5) Child abuse has long-lasting negative effects upon children and families, including delayed development, depression, substance abuse, and increased likelihood of experiencing or perpetrating domestic violence as an adult. (6) Most local agencies lack adequate resources to protect and serve the needs of children and families that are brought to their attention. (7) Failure to pay child support is in itself a form of neglect, as children who do not receive financial support are more likely to live in poverty, and are therefore more likely to suffer from inadequate education, a lack of quality health care, and a lack of affordable housing. TITLE I--ENHANCED FEDERAL ROLE IN CRIMES AGAINST CHILDREN SEC. 101. ENHANCED PENALTIES. (a) In General.--Chapter 110 of title 18, United States Code, is amended by inserting at the end the following: ``Sec. 2260A. Violence against children ``(a) In General.--Whoever, whether or not acting under color of law, in any circumstance described in subsection (b), by force or threat of force willfully injures or attempts to injure any person under 18 years of age-- ``(1) shall be imprisoned for not more than 10 years and fined in accordance with this title; and ``(2) shall be imprisoned for any term of years or for life, and fined in accordance with this title if-- ``(A) death results from the offense; or ``(B) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(b) Circumstances.--For purposes of subsection (a), the circumstances described in this subsection are that-- ``(1) the conduct described in subsection (a) occurs during the course of, or as the result of, the travel of the defendant or the victim-- ``(A) across a State line or national border; or ``(B) using a channel, facility, or instrumentality of interstate or foreign commerce; or ``(2) in connection with the conduct described in subsection (a), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce. ``(c) Penalties.--An offense under this section shall also be subject to the penalties provided in section 1111 of this title (as amended by the PROTECT Act) if the offense is also an offense under that section.''. (b) Amendment to Chapter Analysis.--The chapter analysis for chapter 110 of title 18, United States Code, is amended by inserting at the end the following: ``2260A. Violence against children.''. (c) Enhanced Penalties for Existing Crimes When Committed Against Children.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this Act and its purposes, the United States Sentencing Commission shall review and amend its guidelines and its policy statements to provide enhanced penalties when the victim of a Federal crime is under the age of 18. (d) GAO Review of State Laws.--Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) review the statutory penalties for crimes against children under State laws and the sentencing practices of the States with respect to those crimes, including whether a State provides enhanced penalties when the victim of the crime is a child; and (2) report the findings of the review to Congress. SEC. 102. ENHANCED ASSISTANCE FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT OFFICIALS. (a) In General.--At the request of a State, Indian tribal government, or unit of local government, the Attorney General shall provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- (1) constitutes a crime of violence (as defined in section 16 of title 18, United States Code); (2) constitutes a felony under the laws of the State or Indian tribe; and (3) is committed against a person under 18 years of age. (b) Priority.--If the Attorney General determines that there are insufficient resources to fulfill requests made pursuant to subsection (a), the Attorney General shall give priority to requests for assistance to-- (1) crimes committed by, or believed to be committed by, offenders who have committed crimes in more than 1 State; and (2) rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. TITLE II--GRANT PROGRAMS SEC. 201. FEDERAL ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT. (a) In General.--The Attorney General shall award grants to assist States, Indian tribal governments, and units of local government to develop and strengthen effective law enforcement and prosecution of crimes against children. (b) Purposes.--Grants provided under this section shall provide personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing crimes against children, and specifically, for the purposes of-- (1) training law enforcement officers, prosecutors, judges, and other court personnel to more effectively identify and respond to crimes against children; (2) developing, training, or expanding units of law enforcement officers, prosecutors, or courts specifically targeting crimes against children; (3) developing and implementing more effective police and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to crimes against children; (4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts for the purpose of identifying and tracking arrests, prosecutions, and convictions for crimes against children; (5) encouraging, developing, and strengthening programs, procedures, and policies that enhance cross-collaboration and cross-communication between law enforcement and child services agencies regarding the care, treatment, and services for child victims; and (6) developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with crimes against children. (c) Application.-- (1) In general.--Each State, Indian tribal government, or unit of local government that desires a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (2) Requirements.--A State, Indian tribal government, or unit of local government applying for a grant under this section shall-- (A) describe-- (i) the purposes for which the grant is needed; (ii) the intended use of the grant funds; and (iii) the expected results from the use of grant funds; (B) demonstrate that, in developing a plan to implement the grant, the State, Indian tribal government, or unit of local government has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of crimes against children; and (C) certify that-- (i) any Federal funds received under this section will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this section; and (ii) the State, the Indian tribal government, or the State in which the unit of local government is located is in compliance with sections 301 and 302. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2004 through 2008. SEC. 202. EDUCATION, PREVENTION, AND VICTIMS' ASSISTANCE GRANTS. (a) In General.--The Attorney General shall award grants to assist States, Indian tribal governments, units of local government, and nongovernmental organizations to provide education, prevention, intervention, and victims' assistance services regarding crimes against children. (b) Purposes.--Grants provided under this section shall be used to provide education, prevention, and intervention services to prevent crimes against children and to provide assistance to children, and the families of children, who are victims of crime, including-- (1) educational seminars; (2) the operation of hotlines; (3) training programs for professionals; (4) the preparation of informational materials; (5) intervention services to prevent crimes against children; (6) other efforts to increase awareness of the facts about, or to help prevent, crimes against children, including efforts to increase awareness in underserved racial, ethnic, and language minority communities; (7) emergency medical treatment for victims; (8) counseling to victims of crimes against children and their families; and (9) increasing the supply of mental health professionals specializing in the mental health of victims of crimes against children. (c) Application.-- (1) In general.--Each State, Indian tribal government, unit of local government, or nongovernmental organization that desires a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (2) Requirements.--A State, Indian tribal government, unit of local government, or nongovernmental organization applying for a grant under this section shall-- (A) describe-- (i) the purposes for which the grant is needed; (ii) the intended use of the grant funds; and (iii) the expected results from the use of grant funds; (B) demonstrate that, in developing a plan to implement the grant-- (i) in the case of a State, Indian tribal government, or unit of local government, that the State, Indian tribal government, or unit of local government has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of crimes against children; and (ii) in the case of a nongovernmental organization, that the nongovernmental organization has experience in providing education, prevention, or intervention services regarding crimes against children or has experience in providing services to victims of crimes against children; and (C) certify that-- (i) any Federal funds received under this section will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this section, provided that the Attorney General may waive such requirement for nongovernmental organizations in extraordinary circumstances; and (ii) the State, the Indian tribal government, the State in which the unit of local government is located, or the State in which the nongovernmental organization will operate the activities funded under this section is located, is in compliance with section 303. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2004 through 2008. TITLE III--NATIONWIDE PROGRAMS SEC. 301. NATIONWIDE AMBER ALERT. Not later than 3 years after the date of enactment of this Act, each State receiving grants pursuant to section 201 shall have in place a statewide AMBER Alert communications network for child abduction cases. SEC. 302. IMPROVED STATISTICAL GATHERING. Each State receiving grants pursuant to section 201 shall use, or shall be in the process of testing or developing protocols to use, the National Incident-Based Reporting System. SEC. 303. NATIONAL SAFE HAVEN. (a) In General.--Not later than 3 years after the date of enactment of this Act, each State receiving grants pursuant to section 202 shall have in effect a statute that-- (1) permits a parent to leave a newborn baby with a medically-trained employee of a hospital emergency room anonymously without any criminal or other penalty; (2) includes a mechanism to encourage and permit a hospital employee in the receiving hospital to collect information about the medical history of the family subject to the approval of the parent; (3) requires law enforcement entities in the State, immediately after relinquishment of a child under paragraph (1), to search State and Federal missing person databases to ensure that the child has not been reported missing; and (4) includes a plan for publicizing the State's Safe Haven law. (b) Exception.--Notwithstanding subsection (a)(1), a State statute in effect pursuant to this section may deny a parent the ability to leave a newborn baby anonymously without any criminal or other penalty if the newborn baby shows signs of abuse or appears to have been intentionally harmed. SEC. 304. IMPROVED CHILD PROTECTION SERVICES PROGRAMS. (a) Report by States.--Not later than 180 days after the date of enactment of this Act, each State receiving an allotment for child welfare services under subpart 1 of part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.) shall submit to the Secretary of Health and Human Services a report detailing the State's program funded under that subpart, including the process for maintaining records and verifying the well-being of the children under the State's care. (b) GAO Study.--Not later than 180 days after the date of enactment of this Act, the General Accounting Office shall report to Congress on State practices and policies under the child welfare program funded under subpart 1 of part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.). The report shall include the following: (1) How States are maintaining records and verifying the well-being of the children under their care, including how well States are keeping track of where those children are. (2) Whether and how the review system being undertaken by the Secretary of Health and Human Services is helping States to reform their child welfare system. (3) The best practices being implemented by the States. (4) Recommendations for legislative changes by Congress. TITLE IV--CHILD SUPPORT ENFORCEMENT SEC. 401. SENSE OF THE SENATE ON TAX TREATMENT OF CHILD SUPPORT. It is the sense of the Senate that Congress should pass legislation to extend the current Federal tax treatment on bad debt to nonpayment of child support by-- (1) allowing those that do not receive the child support they are owed to deduct that amount from their Federal income taxes; and (2) requiring those who fail to pay child support to add the unpaid amount to their income for Federal tax purposes.", "summary": "Violence Against Children Act of 2003 - Amends the Federal criminal code to prescribe penalties to be imposed for injuring or attempting to injure a person under 18 years of age (including life imprisonment if death results or if the offense includes kidnaping, aggravated sexual abuse, or attempting to kill) under circumstances in which: (1) the conduct occurs during the course of, or as a result of, the travel of the defendant or victim across a State line or national border; or (2) in connection with such conduct, the defendant employs a weapon that has traveled in interstate or foreign commerce. Directs the: (1) United States Sentencing Commission to review and amend its guidelines to provide enhanced penalties when the victim of a Federal crime is under 18; and (2) the Comptroller General to review State penalties and sentencing guidelines for crimes against children.Requires the Attorney General: (1) at the request of a State, Indian tribal government, or local government, to provide assistance in the criminal investigation or prosecution of any felony crime of violence against a child; and (2) to award grants to develop and strengthen effective law enforcement and prosecution of crimes against children and to provide education, prevention, intervention, and victims' assistance services regarding crimes against children.Requires each State receiving: (1) law enforcement grants under this Act to have in place a statewide AMBER Alert communications network for child abduction cases and to use the National Incident-Based Reporting System; (2) education, prevention, and victims' assistance grants to have in effect a statute allowing a parent to leave a newborn baby at a hospital anonymously; and (3) certain allotments for child welfare allotments to submit to the Secretary of Health and Human Services a report on the State's funded program, including the process for maintaining records and verifying the well-being of the children under the State's care."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Birth Defects Prevention Act of 1993''. (b) Findings.--The Congress makes the following findings: (1) Birth defects are the leading cause of infant mortality, directly responsible for one out of every five infant deaths. (2) Thousands of the 250,000 infants born with a birth defect annually face a lifetime of chronic disability and illness. (3) Birth defects threaten the lives of infants of all racial and ethnic backgrounds. However, some conditions pose excess risks for certain populations. For example, compared to all infants born in the United States, Hispanic-American infants are more likely to be born with anencephaly spina bifida and other neural tube defects and African-American infants are more likely to be born with sickle-cell anemia. (4) Birth defects can be caused by exposure to environmental hazards, adverse health conditions during pregnancy, or genetic mutations. Prevention efforts are slowed by lack of information about the number and causes of birth defects. Outbreaks of birth defects may go undetected because surveillance and research efforts are underdeveloped and poorly coordinated. SEC. 2. BIRTH DEFECTS PREVENTION AND RESEARCH PROGRAM. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317A the following new section: ``birth defects prevention and research programs ``Sec. 317B. (a) National Birth Defects Surveillance Program.--The Secretary, acting through the Director of the Centers for Disease Control, may award grants to, enter into cooperative agreements with, or provide direct technical assistance in lieu of cash to States, State health authorities, or health agencies of political subdivisions of a State for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. ``(b) Centers for Excellence for Birth Defects Prevention Research.-- ``(1) In general.--The Secretary shall establish at least five regional birth defects monitoring and research programs for the purpose of collecting and analyzing information on the number, incidence, correlates, and causes of birth defects, to include information regarding gender and different racial and ethnic groups, including Hispanics, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. ``(2) Authority for awards.--For purposes of paragraph (1), the Secretary, acting through the Director of the Centers for Disease Control, may award grants or enter into cooperative agreements with State departments of health, universities, or other private, nonprofit entities engaged in research to enable such entities to serve as Centers of Excellence for Birth Defects Prevention Research. ``(3) Application.--To be eligible for grants or cooperative agreements under paragraph (2), the entity shall prepare and submit to the Secretary an application at such time, in such manner and containing such information as the Secretary may prescribe, including assurances that-- ``(A) the program will collect, analyze, and report birth defects data according to guidelines prescribed by the Director of the Centers for Disease Control; ``(B) the program will coordinate States birth defects surveillance and prevention efforts within a region; ``(C) education, training, and clinical skills improvement for health professionals aimed at the prevention and control of birth defects will be included in the program activities; ``(D) development and evaluation of birth defects prevention strategies will be included in the program activities, as appropriate; and ``(E) the program funds will not be used to supplant or duplicate State efforts. ``(4) Centers to focus on racial and ethnic disparities in birth defects.--One of the Centers of Excellence shall focus on birth defects among ethnic minorities, and shall be located in a standard metropolitan statistical area that has over a 60 percent ethnic minority population, is federally designated as a health professional shortage area, and has an incidence of one or more birth defects more than four times the national average. ``(c) Clearinghouse.--The Centers for Disease Control shall serve as the coordinating agency for birth defects prevention activities through establishment of a clearinghouse for the collection and storage of data and generated from birth defects monitoring programs developed under subsections (a) and (b). Functions of such clearinghouse shall include facilitating the coordination of research and policy development to prevent birth defects. The clearinghouse shall disaggregate data by gender and by racial and ethnic groups, the major Hispanic subgroups, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. ``(d) Prevention Strategies.--The Secretary, acting through the Director of the Centers for Disease Control, shall award grants to or enter into cooperative agreements with State departments of health, universities, or other private, or nonprofit entities to enable such entities to develop, evaluate and implement prevention strategies designed to reduce the incidence and effects or birth defects including-- ``(1) demonstration projects for the prevention of birth defects, including-- ``(A) at least one project aimed at enhancing prevention services in a `high-risk area' that has a proportion of birth to minority women above the national average, is federally designated as a health professional shortage area, and has a high incidence of one or more birth defects; and ``(B) at least one outcome research project to study the effectiveness of infant interventions aimed at amelioration of birth defects; and ``(2) public information and education programs for the prevention of birth defects, including but not limited to programs aimed at prevention of alcohol and illicit drug use during pregnancy and promotion of use of folic acid vitamin supplements for women of childbearing age in a manner which is sensitive to the cultural and linguistic context of a given community. ``(e) Advisory Committee.-- ``(1) Establishment of committee.--The Secretary shall establish an Advisory Committee for Birth Defects Prevention (in this subsection referred to as the `Committee'). The Committee shall provide advice and recommendations on prevention and amelioration of birth defects to the Secretary and the Director of the Centers for Disease Control. ``(2) Functions.--With respect to birth defects prevention, the Committee shall-- ``(A) make recommendations regarding prevention research and intervention priorities; ``(B) study and recommend ways to prevent birth defects, with emphasis on emerging technologies; ``(C) identify annually the important areas of government and nongovernment cooperation needed to implement prevention strategies; ``(D) identify research and prevention strategies which would be successful in addressing birth defects disparities among the major Hispanic subgroups, non- Hispanic whites, African Americans, Native Americans, and Asian Americans; and ``(E) review and recommend policies and guidance related to birth defects research and prevention. ``(3) Composition.--The Committee shall be composed of 15 members appointed by the Secretary, including-- ``(A) four health professionals, who are not employees of the United States, who have expertise in issues related to prevention of or care for children with birth defects; ``(B) two representatives from health professional associations; ``(C) four representatives from voluntary health agencies concerned with conditions leading to birth defects or childhood disability; ``(D) five members of the general public, of whom at least three shall be parents of children with birth defects or persons having birth defects; and ``(E) representatives of the Public Health Service agencies involved in birth defects research and prevention programs and representatives of other appropriate Federal agencies, including but not limited to the Department of Education and the Environmental Protection Agency, shall be appointed as ex officio, liaison members for purposes of informing the Committee regarding Federal agency policies and practices; ``(4) Structure.-- ``(A) Term of office.--Appointed members of the Committee shall be appointed for a term of office of 3 years, except that of the members first appointed, 5 shall be appointed for a term of 1 year, 5 shall be appointed for a term of 2 years, and 5 shall be appointed for a term of 3 years, as determined by the Secretary. ``(B) Meetings.--The Committee shall meet not less than three times per year and at the call of the chair. ``(C) Compensation.--Members of the Committee who are employees of the Federal Government shall serve without compensation. Members of the Committee who are not employees of the Federal Government shall be compensated at a rate not to exceed the daily equivalent of the rate in effect for grade GS-18. ``(f) Report.--The Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a biennial report regarding the incidence of birth defects, the contribution of birth defects to infant mortality, the outcome of implementation of prevention strategies, and identified needs for research and policy development to include information regarding the various racial and ethnic groups, including Hispanic, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. ``(g) Authorization of Appropriations.-- ``(1) For the purpose of carrying out subsections (a), (b), and (c), there are authorized to be appropriated $15,000,000 for fiscal year 1994, $20,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 and 1997. ``(2) For the purpose of carrying out subsection (d), there are authorized to be appropriated $15,000,000 for fiscal year 1994, $20,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 and 1997. ``(3) For the purpose of carrying out subsections (e) and (f), there are authorized to be appropriated $2,000,000 for each of the fiscal years 1994 through 1997.''.", "summary": "Birth Defects Prevention Act of 1993 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Recovery Personal Protection Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The Second Amendment to the Constitution of the United States states that, ``A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.'' and Congress has repeatedly recognized this language as protecting an individual right. (2) In the wake of Hurricane Katrina, State and local law enforcement and public safety service organizations were overwhelmed and could not fulfill the safety needs of the citizens of the State of Louisiana. (3) In the wake of Hurricane Katrina, the safety of these citizens, and of their homes and property, was threatened by instances of criminal activity. (4) Many of these citizens lawfully kept firearms for the safety of themselves, their loved ones, their businesses, and their property, as guaranteed by the Second Amendment, and used their firearms, individually or in concert with their neighbors, for protection against crime. (5) In the wake of Hurricane Katrina, certain agencies confiscated the firearms of these citizens, in contravention of the Second Amendment, depriving these citizens of the right to keep and bear arms and rendering them helpless against criminal activity. (6) These confiscations were carried out at gunpoint, by nonconsensual entries into private homes, by traffic checkpoints, by stoppage of boats, and otherwise by force. (7) The citizens from whom firearms were confiscated were either in their own homes or attempting to flee the flooding and devastation by means of motor vehicle or boat, and were accosted, stopped, and arbitrarily deprived of their private property and means of protection. (8) The means by which the confiscations were carried out, which included intrusion into the home, temporary detention of persons, and seizures of property, constituted unreasonable searches and seizures and deprived these citizens of liberty and property without due process of law in violation of fundamental rights under the Constitution of the United States. (9) Many citizens who took temporary refuge in emergency housing were prohibited from storing firearms on the premises, and were thus treated as second-class citizens who had forfeited their constitutional right to keep and bear arms. (10) At least 1 highly-qualified search and rescue team was prevented from joining in relief efforts because the team included individuals with firearms, although these individuals had been deputized as Federal law enforcement officers. (11) These confiscations and prohibitions, and the means by which they were carried out, deprived the citizens of Louisiana not only of their right to keep and bear arms, but also of their rights to personal security, personal liberty, and private property, all in violation of the Constitution and laws of the United States. SEC. 3. PROHIBITION ON CONFISCATION OF FIREARMS DURING CERTAIN NATIONAL EMERGENCIES. Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201 et seq.) is amended by adding at the end the following: ``SEC. 706. FIREARMS POLICIES. ``(a) Prohibition on Confiscation of Firearms.--No officer or employee of the United States (including any member of the uniformed services), person operating pursuant to or under color of Federal law, receiving Federal funds, under the control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may-- ``(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal or State law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation; ``(2) require the registration of any firearm for which registration is not required by Federal or State law; ``(3) prohibit the possession of any firearm, or promulgate any rule, regulation, or order prohibiting the possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal or State law; or ``(4) prohibit the carrying of a firearm by any person otherwise authorized to carry firearms under Federal or State law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from a major disaster or emergency. ``(b) Private Rights of Action.-- ``(1) In general.--Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section. ``(2) Remedies.--In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for the return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found. ``(3) Attorney fees.--In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.''.", "summary": "Disaster Recovery Personal Protection Act of 2006 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit any U.S. officer or employee, or person operating under color of federal law, under control of a federal official, or providing services to such person, while acting in support of relief from a major disaster or emergency, from: (1) seizing, or authorizing seizure of, any firearm the possession of which is not prohibited under federal or state law, other than for forfeiture in compliance with federal law or as evidence in a criminal investigation; (2) requiring registration of any firearm for which registration is not required by federal or state law; (3) prohibiting possession of any firearm in any place or by any person where such possession is not otherwise prohibited; or (4) prohibiting the carrying of a firearm by any person otherwise authorized to carry firearms, solely because such person is operating under the direction, control, or supervision of a federal agency in support of relief from a major disaster or emergency. Authorizes any individual aggrieved by a violation of this Act to seek relief by bringing an action for redress and by bringing a civil action in U.S. district court for return of a confiscated firearm."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Benefit Guaranty Corporation Governance Improvement Act of 2009''. SEC. 2. BOARD OF DIRECTORS OF THE PENSION BENEFIT GUARANTY CORPORATION. (a) In General.--Section 4002(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(d)) is amended to read as follows: ``(d)(1) The board of directors of the corporation consists of-- ``(A) the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Commerce; ``(B) a member that is a representative of employers offering defined benefit plans; ``(C) a member that is a representative of organized labor and employees; and ``(D) 2 other members. ``(2)(A) The members of the board of directors described under subparagraphs (B) through (D) of paragraph (1)-- ``(i) shall be appointed by the President by and with the advice and consent of the Senate-- ``(I) at the beginning of the second year of the President's term of office, with respect to such members described under subparagraphs (B) and (C) of paragraph (1); and ``(II) at the beginning of the fourth year of the President's term of office, with respect to such members described under subparagraph (D) of paragraph (1); and ``(ii) shall serve for a term of 4 years. ``(B) Not more than 2 members of the board of directors described under subparagraphs (B) through (D) of paragraph (1) shall be affiliated with the same political party. ``(C) Each member of the board of directors described under subparagraphs (B) through (D) of paragraph (1) shall not have a direct financial interest in the decisions of the corporation. ``(3) Each member of the board of directors described under subparagraph (A) of paragraph (1) shall designate in writing an official, not below the level of Assistant Secretary, to serve as the voting representative of such member on the board. Such designation shall be effective until revoked or until a date or event specified therein. Any such representative may refer for board action any matter under consideration by the designating board member. ``(4) The members of the board of directors described under-- ``(A) subparagraph (A) of paragraph (1), shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the board; and ``(B) subparagraphs (B) through (D) of paragraph (1) shall, for each day (including traveltime) during which they are attending meetings or conferences of the board or otherwise engaged in the business of the board, be compensated at a rate fixed by the corporation which is not in excess of the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. ``(5)(A) The Secretary of Labor is the chairman of the board of directors. ``(B) The President shall designate 1 of the members appointed under paragraph (2) as the vice-chairman of the board of directors. ``(6) The Inspector General of the corporation shall report to the board of directors, and not less than twice a year, shall attend a meeting of the board of directors to provide a report on the activities and findings of the Inspector General, including with respect to monitoring and review of the operations of the corporation. ``(7) The General Counsel of the corporation shall-- ``(A) serve as the secretary to the board of directors, and shall advise such board as needed; and ``(B) have overall responsibility for all legal matters affecting the corporation and provide the corporation with legal advice and opinions on all matters of law affecting the corporation, except that the authority of the General Counsel shall not extend to the Office of Inspector General and the independent legal counsel of such Office. ``(8) Notwithstanding any other provision of this Act, the Office of Inspector General and the legal counsel of such Office is independent of the management of the corporation and the General Counsel of the corporation.''. (b) Number of Meetings; Public Availability.--Section 4002(e) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(e)) is amended-- (1) by striking ``The board'' and inserting ``(1) The board''; (2) by striking ``the corporation.'' and inserting ``the corporation, but in no case less than 4 times a year with a quorum of not less than 5 members. Not less than 1 meeting of the board of directors during each year shall be a joint meeting with the advisory committee under subsection (h).''; and (3) by adding at the end the following: ``(2) The chairman of the board of directors shall make available to the public the minutes from each meeting of the board, unless the chairman designates a meeting or portion of a meeting as closed to the public, based on the confidentiality of the matters to be discussed during such meeting.''. (c) Advisory Committee.-- (1) Issues considered by the committee.--Section 4002(h)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(h)(1)) is amended-- (A) by striking ``, and (D)'' and inserting ``, (D)''; and (B) by striking ``time to time.'' and inserting ``time to time, and (E) other issues as determined appropriate by the advisory committee.''. (2) Joint meeting.--Section 4002(h)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(h)(3)) is amended by adding at the end the following: ``Not less than 1 meeting of the advisory committee during each year shall be a joint meeting with the board of directors under subsection (e).''. SEC. 3. AVOIDING CONFLICTS OF INTEREST. Section 4002 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302) is amended by adding at the end the following: ``(j) The Director of the corporation, and each member of the board of directors described under subparagraphs (B) through (D) of subsection (d)(1), shall agree in writing to recuse him or herself from participation in activities which present a potential conflict of interest or appearance of such conflict, including by not serving on a technical evaluation panel.''. SEC. 4. SENSE OF CONGRESS. (a) Formation of Committees.--It is the sense of Congress that the board of directors of the Pension Benefit Guaranty Corporation established under section 4002 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302), as amended by this Act, should form committees, including an audit committee and an investment committee, to enhance the overall effectiveness of the board of directors. (b) Risk Management Position.--It is the sense of Congress that the Pension Benefit Guaranty Corporation established under section 4002 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302), as amended by this Act, should establish a risk management position that evaluates and mitigates the risk that the corporation might experience. The individual in such position should coordinate the risk management efforts of the corporation, explain risks and controls to senior management and the board of directors of the corporation, and make recommendations.", "summary": "Pension Benefit Guaranty Corporation Governance Improvement Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise requirements regarding the composition and duties of members of the board of directors of the Pension Benefit Guaranty Corporation (PBGC). Requires: (1) the board to meet at least four times a year with a quorum of at least five members; and (2) board minutes be made public. Requires the advisory committee to the PBGC to meet jointly with the board at least one time each year. Requires the Director and members of the board of the PBGC to agree in writing to recuse themselves from participation in activities which potentially could be a conflict of interest. Expresses the sense of Congress that: (1) the board should form committees, including an audit committee and an investment committee, to enhance the PBGC board's overall effectiveness; and (2) the PBGC should establish a risk management position that evaluates and mitigates risk it might experience."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Calling for 2-1-1 Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Federal Communications Commission has assigned 2-1- 1 as the national telephone number for telephone service for information and referral on human services, declaring that 2-1- 1 best satisfies the public interest in allotting the limited resource of this abbreviated number. In 2005, the Commission will assess the widespread utilization of the 2-1-1 telephone number and evaluate whether to continue the assignment of that telephone number for that service. (2) The number ``2-1-1'' is an easy-to-remember telephone number that facilitates critical connections between individuals and families seeking services, volunteer opportunities, or both and appropriate human service agencies, including community-based and faith-based organizations and government agencies. (3) There are more than 820,000 nonprofit organizations in the United States. Individuals and families often find it difficult to navigate through a complex and ever-growing maze of human service agencies and programs, spending inordinate amounts of time trying to identify an agency or program that provides a service that may be immediately or urgently required and often abandoning the search from frustration or a lack of quality information. (4) At the Federal, State, and local levels, government funding supports well-intentioned programs that are not fully utilized because of a lack of access to and information on such programs by the public. Program administrators have indicated that there is a need for a simple way to connect those eligible for programs with available program resources. 2-1-1 telephone service will reduce the number of inappropriate calls to government offices by directing consumers to the appropriate human services agency, resulting in a more effective use of government services. (5) Many families need information on government and not- for-profit services that address domestic violence, support adequate and stable housing, alleviate hunger, and provide for high-quality day care, afterschool activities, summer activities, job training and assistance, elder care, and disaster recovery. (6) Individuals often need support, services, or both when suffering emotional distress, having suicidal thoughts or behavior, contemplating violence, or using drugs or alcohol. (7) Americans desire to volunteer and become involved in their communities. This desire, together with a desire to donate to organizations which provide human services, are among the reasons to contact a center which provides information and referral on volunteer opportunities and human services. (8) Following the September 11, 2001, terrorist attacks, an estimated 400 telephone hotlines were established in New York, New York, for various funds and services, creating a confusing network for victims and volunteers to navigate. A Comptroller General report on charitable aid following the terrorist attacks found that ``families of victims generally believed they had to navigate a maze of service providers in the early months'' and that ``good information about and easy access to available assistance could help survivors in the recovery process''. (9) The 107th Congress recognized the importance of 2-1-1 telephone service in community preparedness and response by including use of that telephone number for public information as an allowable use of funds under grants for preparedness and response to bioterrorism and other public health emergencies under section 319C-1 of the Public Health Service Act (42 U.S.C. 247d-3a), as added by section 131 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-188). (10) While 20 percent of the population has access to 2-1-1 telephone service in 21 States, inadequate funding prevents access to that telephone service throughout each of the States. 2-1-1 telephone service is currently available statewide only in Connecticut and Hawaii. (11) Rapid deployment nationwide of 2-1-1 telephone service as a means of access to information about and referral on human services requires collaboration among State governments, comprehensive and specialized information and referral centers, human service organizations and service providers, emergency management and homeland security officials, telephone companies, and other relevant entities. (12) 2-1-1 telephone service facilitates the availability of a single repository where comprehensive data on all community services is collected, maintained, and updated regularly, reducing costs and duplication of efforts. The reliable data provided through 2-1-1 telephone service helps to better assess the needs of our communities and to immediately mobilize resources toward those needs. SEC. 3. GRANTS TO FACILITATE NATIONWIDE AVAILABILITY OF 2-1-1 SERVICE FOR INFORMATION AND REFERRAL ON HUMAN SERVICES. (a) Grants Required.--The Secretary of Commerce shall award a grant to each State to carry out a program for the purpose of making available throughout such State 2-1-1 telephone service for information and referral on human services. (b) Grant To Be Available for Each State.--In awarding grants under this section, the Secretary shall develop a formula for allocating grant amounts among the States so that a grant may be awarded to each State seeking a grant. (c) Requirement on Share of Activities.-- (1) Requirement.--A State may not be awarded a grant under this section unless the State ensures that at least 50 percent of the resources of the program funded by the grant will be derived from other sources. (2) In-kind contributions.--The requirement in paragraph (1) may be satisfied by in-kind contributions of goods or services. (d) Lead Entity.-- (1) In general.--A State seeking a grant under this section shall carry out this section through a lead entity meeting the requirements of this subsection. (2) 2-1-1 Collaborative.--An entity shall be treated as the 2-1-1 Collaborative for a State under this subsection if the entity-- (A) exists for such purpose under State law; (B) exists for such purpose by order of the State public utility commission; or (C) is a collaborative entity established by the State for such purpose from among representatives of-- (i) an informal existing 2-1-1 statewide collaborative, if any, in the State; (ii) State agencies; (iii) community-based organizations; (iv) faith-based organizations; (v) not-for-profit organizations; (vi) comprehensive and specialized information and referral providers, including current 2-1-1 call centers; (vii) foundations; and (viii) businesses. (3) Requirements for preexisting lead entities.--An entity described by subparagraph (A) or (B) of paragraph (2) may be treated as a lead entity under this subsection only if such entity collaborates, to the extent practicable, with the organizations and entities listed in subparagraph (C) of that paragraph. (e) Application.-- (1) In general.--The lead entity on behalf of each State seeking a grant under this section shall submit to the Secretary an application therefor in such form as the Secretary shall require. (2) Information.--An application on behalf of a State under this subsection shall contain information as follows: (A) Information on the program to be carried out by the lead entity of the State in order to plan to make available throughout the State 2-1-1 telephone service for information and referral on human services, including information on the manner in which the lead entity will develop, sustain, and evaluate the program. (B) Information on the sources of resources for the program for purposes of meeting the requirement in subsection (c). (C) Any additional information that the Secretary may require for purposes of this section. (f) Subgrants.-- (1) Authority.--In carrying out a program to make 2-1-1 telephone service available throughout a State at no charge to the caller, the lead entity of the State may make subgrants to such persons or entities as the lead entity considers appropriate for purposes of the program, including subgrants to provide funds-- (A) for the provision of 2-1-1 telephone service; (B) for the operation and maintenance of 2-1-1 call centers; and (C) for such other purposes as the 2-1-1 Collaborative considers appropriate for purposes of the program, including planning, public awareness, training, accreditation, and evaluation. (2) Considerations.--In awarding a subgrant under this subsection, a lead entity shall consider-- (A) the ability of the person or entity seeking the subgrant to carry out activities or provide services consistent with the program; (B) the extent to which the award of the subgrant will facilitate equitable geographic distribution of subgrants under this section to ensure that rural communities have access to 2-1-1 telephone service; and (C) the extent to which the recipient of the subgrant will establish and maintain cooperative relationships with specialized information and referral centers, crisis centers, 9-1-1 call centers, and 3-1-1 call centers, if applicable. (g) Use of Grant and Subgrant Amounts.-- (1) In general.--Amounts awarded as grants or subgrants under this section shall be used solely to make available 2-1-1 telephone service for community information and referral on human services, including telephone connections between families and individuals seeking such services and the providers of such services. (2) Particular matters.--In making 2-1-1 telephone service available, the recipient of a grant or subgrant shall, to the maximum extent practicable-- (A) abide by the Key Standards for 2-1-1 Centers as specified in the Standards for Professional Information and Referral Requirements for Alliance of Information Referral Systems (AIRS) Accreditation and Operating 2- 1-1 Systems; and (B) collaborate with human service organizations, whether public or private, to provide an exhaustive database of services with which to provide information or referral to individuals utilizing 2-1-1 telephone service. (3) Use of funds.--Amounts of a subgrant under subsection (e) may be used by grantees for Statewide and regional planning, start-up costs (including costs of software and hardware upgrades and telecommunications costs), training, accreditation, public awareness, evaluation of activities, and the provision of 2-1-1 telephone service. (h) Requirement on Allocation of Grant Amounts.--Of the amounts awarded under this section, an aggregate of not less than 10 percent shall be allocated for evaluation, training, and technical assistance, and for management and administration of subgrants awarded under this section. (i) Reports.--The lead entity of each State awarded a grant under this section for a fiscal year shall submit to the Secretary, not later than 60 days after the end of such fiscal year, a report on the program funded by the grant. Each report shall-- (1) describe the program funding by the grant; and (2) assess the effectiveness of the program in making available throughout such State 2-1-1 telephone service for information and referral on human services in accordance with the provisions of this section. (j) Definitions.--In this section: (1) Human services.--The term ``human services'' means services as follows: (A) Services that assist individuals in becoming more self-sufficient, in preventing dependency, and in strengthening family relationships. (B) Services that support personal and social development. (C) Services that help ensure the health and well- being of individuals, families, and communities. (2) Information and referral center.--The term ``information and referral center'' means a center that-- (A) maintains a database of providers of human services in a State or locality; (B) assists individuals, families, and communities in identifying, understanding, and accessing the providers of human services and the human services offered by the providers of such services; and (C) tracks types of calls referred and received to document the demands for services. (3) State.--The term ``State'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act amounts as follows: (1) For fiscal year 2004, $200,000,000. (2) For each of fiscal years 2005 through 2009, such sums as may be necessary. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.", "summary": "Calling for 2-1-1 Act of 2003 - Directs the Secretary of Commerce to award a grant to each State to carry out a program for making available throughout that State the 2-1-1 telephone service for information and referral on human services. Requires a participating State to ensure that at least 50 percent of the resources of the program funded by the grant will be derived from other sources. Requires a State seeking a grant to carry out its activities through a lead entity to be known as a 2-1-1 Collaborative. Requires grant amounts to be used solely to make available to a State 2-1-1 telephone service for community information and referral on human services, including telephone connections between families and individuals seeking services and the service providers. Requires grant recipients to: (1) abide by the Key Standards for 2-1-1 Centers; and (2) collaborate with human service organizations to provide an exhaustive database of services with which to provide information or referral to individuals utilizing the 2-1-1 service."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Imported and Domestic Product Safety Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the Product Safety Coordinating Council established by section 4(a). (2) Director.--The term ``Director'' means the Director of Imported and Domestic Product Safety appointed under section 3(b). (3) Office.--The term ``Office'' means the Office of Imported and Domestic Product Safety established by section 3(a). (4) Product.--The term ``product'' means any of the following: (A) Food, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), including-- (i) poultry and poultry products, as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453); (ii) meat and meat food products, as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601); and (iii) eggs and egg products, as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033). (B) A drug, device, cosmetic, dietary supplement, infant formula, and food additive, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (C) A consumer product, as such term is defined in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052). (D) A motor vehicle, motor vehicle equipment, and replacement equipment, as such terms are defined in section 30102 of title 49, United States Code. (E) A biological product, as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (F) A pesticide, as such term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (G) Any other food, consumer product, fishery product, beverage, or tobacco product with respect to which a department or agency that is represented on the Council has jurisdiction. SEC. 3. OFFICE OF IMPORTED AND DOMESTIC PRODUCT SAFETY; DIRECTOR. (a) Establishment.--There is established in the Department of Commerce an office to be known as the ``Office of Imported and Domestic Product Safety''. (b) Director.--The Director of Imported and Domestic Product Safety shall be the head of the Office. The Director shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who have-- (1) not less than 10 years of leadership and management experience in the public or private sector; and (2) expertise in areas relating to product safety and protection of the public. (c) Duties of the Director.--The Director shall, working with the Council-- (1) ensure that there is coordination among all departments and agencies that have responsibility for product safety in a manner that-- (A) protects the health and safety of United States consumers; and (B) provides that consumers and businesses have access to product safety information; (2) establish policies, objectives, and priorities to improve the management, coordination, promotion, and oversight of all departments and agencies that have responsibility for product safety; (3) work with consumer groups, industry, and other interested parties to establish the policies, objectives, and priorities described in paragraph (2); (4) improve the www.Recalls.gov Internet website (or successor Federal website) that provides product safety information and recall information for products under different Federal agencies; (5) develop and maintain a database that-- (A) is centralized; (B) is user friendly; (C) is accessible to the public; (D) includes information about all mandatory and voluntary actions taken with respect to product safety by businesses and departments and agencies that have responsibility for product safety, including-- (i) recalls; (ii) advisories; (iii) alerts; (iv) seizures; (v) defect determinations; (vi) import bans; and (vii) such other actions as the Director considers appropriate; and (E) incorporates hyperlinks to databases maintained by the departments and agencies that have responsibility for product safety with respect to the actions described in subparagraph (D); (6) develop guidelines for effective and efficient dissemination, by the departments and agencies of members of the Council, of product recall alerts to consumers and businesses, including retailers, the media, and medical professionals; (7) promote the development of risk assessment models to assist Federal departments and agencies responsible for the importation and safety of products to better identify and prevent the importation or introduction into commerce of unsafe products; (8) promote the development of tracing technology to provide consumers with access to the supply chain history of a product; (9) develop guidelines to facilitate information sharing relating to the importation and safety of products among businesses, United States trading partners, and departments and agencies of Federal, State, and local governments; (10) develop and maintain a public electronic directory of services to assist consumers and businesses in locating product safety information; (11) develop a framework for engaging United States trading partners in efforts to improve product safety, including cooperation and coordination related to safety standards, testing, certification, audits, and inspections before products are shipped to the United States; (12) establish an inventory of memoranda of understanding negotiated by Federal departments and agencies with foreign governments related to the importation and safety of products; (13) promote coordination among Federal departments and agencies seeking to negotiate new memoranda described in paragraph (11); and (14) develop guidelines to ensure that there is a unified effort to protect the health and safety of United States consumers, including-- (A) simplifying consumer-retailer interaction regarding products identified as unsafe; (B) improving product labeling; (C) developing comprehensive recordkeeping throughout the production, importation, and distribution of products; and (D) increasing public access to information regarding-- (i) product safety standards, testing, and certification; (ii) enforcement of product safety laws; and (iii) product-related deaths, injuries, and illness. (d) Staff.-- (1) In general.--The Director may employ and fix the compensation of such officers and employees as may be necessary to assist the Director in carrying out the duties of the Director set forth by subsection (c). (2) Detail of government employees.--The Director may direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such department or agency on a reimbursable or nonreimbursable basis to the Office. (e) Supervision.--The Director shall report to the Secretary of Commerce. (f) Compensation.--Section 5314 of title 5, United States Code, is amended by adding at the end the following new item: ``Director of Imported and Domestic Product Safety, Department of Commerce.''. SEC. 4. PRODUCT SAFETY COORDINATING COUNCIL. (a) Establishment.--There is established a Product Safety Coordinating Council-- (1) to improve the management, coordination, promotion, and oversight of product safety responsibilities; and (2) to assist the Director in-- (A) carrying out the functions of the Office set forth by section 3(c); (B) developing the strategic plan under section 5; and (C) developing the report under section 6. (b) Membership.-- (1) Composition.--The Council shall consist of the Director and 1 individual designated by each of the following from their respective departments and agencies: (A) The Commissioner of Customs and Border Protection of the Department of Homeland Security. (B) The Under Secretary for International Trade of the Department of Commerce. (C) The United States Trade Representative. (D) The Under Secretary for Economic, Energy, and Agricultural Affairs of the Department of State. (E) The Under Secretary for Food Safety of the Department of Agriculture. (F) The Commissioner of the Food and Drug Administration of the Department of Health and Human Services. (G) The Under Secretary for Oceans and Atmosphere of the Department of Commerce. (H) The Chairman of the Consumer Product Safety Commission. (I) The Administrator of the National Highway Traffic Safety Administration of the Department of Transportation. (J) The Administrator of the Environmental Protection Agency. (K) The Administrator of the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury. (L) The Attorney General. (M) The Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services. (N) The Chairman of the Federal Trade Commission. (O) The Chairman of the United States International Trade Commission. (P) The Director of the Office of Management and Budget. (Q) Such other officers of the United States as the Director determines necessary to carry out the functions of the Council. (2) Qualifications.--Each individual designated under paragraph (1) shall be selected from among individuals who are-- (A) involved in product safety and protection of the public from risks to safety; and (B) qualified to serve on the Council. (c) Department and Agency Responsibilities.-- (1) In general.--The department or agency of each member of the Council shall assist the Director in-- (A) developing and implementing a unified effort to protect the health and safety of United States consumers; (B) ensuring that consumers and businesses have access to product safety information; and (C) carrying out the duties of the Director set forth by section 3(c). (2) Cooperation.--Each member of the Council shall ensure that the department or agency the member represents-- (A) provides such assistance, information, and advice as the Director may request; (B) complies with information sharing policies, procedures, guidelines, and standards established by the Director; and (C) provides adequate resources to support the activities and operations of the Office. (d) Meetings.--The Council shall meet not less frequently than monthly at the call of the Director. (e) Chairperson.--The Director shall be the chairperson of the Council. SEC. 5. STRATEGIC PLAN. (a) Strategic Plan Required.--Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the Director shall, after consulting with the members of the Council, submit to the President and to Congress a strategic plan. (b) Contents of Strategic Plan.--The strategic plan submitted under subsection (a) shall contain-- (1) a detailed description of the goals, objectives, and priorities of the Office and the Council; (2) a description of the methods for achieving such goals, objectives, and priorities; (3) a description of the performance measures that will be used to monitor results in achieving such goals, objectives, and priorities; and (4) an estimate of the resources necessary to achieve such goals, objectives, and priorities, and an estimate of the cost of such resources. SEC. 6. ANNUAL REPORT ON PRODUCT SAFETY. (a) Annual Report Required.--Not later than 1 year after the date of the enactment of this Act and November 1 of each calendar year thereafter, the Director shall submit to the President and to Congress a written report on the safety of products. (b) Content of Report.--The report submitted under subsection (a) shall contain a detailed description of how the duties set forth in section 3(c) are being implemented. (c) Consultations.--The Director shall consult with the members of the Council with respect to the preparation of the report required by subsection (a). Any comments provided by the members of the Council for a report under such subsection shall be submitted to the Director not later than 1 month before the date such report is submitted to Congress. The Director shall submit the report to Congress after taking into account all comments received. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out the provisions of this Act and the activities of the Office. SEC. 8. AUTHORIZATION OF INTERAGENCY SUPPORT FOR PRODUCT SAFETY COORDINATION. The use of interagency funding and other forms of support is authorized by Congress to carry out the functions and activities of the Office and the functions and activities of the Council.", "summary": "Imported and Domestic Product Safety Act of 2009 - Establishes in the Department of Commerce an Office of Imported and Domestic Product Safety to carry out specified duties, including: (1) coordinating all departments and agencies that have product safety responsibilities in a way that protects the health and safety of U.S. consumers and provides consumers and businesses with access to product safety information; (2) improving the www.Recalls.gov website; and (3) developing a publicly accessible database with information about all mandatory and voluntary product safety actions taken by businesses, departments, and agencies. Establishes a Product Safety Coordinating Council to assist the Office's director."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Science Research Investment Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Office of Science is the largest Federal sponsor of civilian research in the physical sciences and plays a major role in supporting interdisciplinary research that contributes to other scientific fields, including the life sciences, mathematics, computer science, engineering, and the environmental sciences. (2) The Department of Energy's laboratories have scientific capabilities that are unmatched in typical academic or industrial institutions. Their scientific teams can develop integrated approaches to grand scientific challenges that are often beyond the reach of individual experimenters. The Human Genome Project exemplifies this capability. (3) The facilities at the Department of Energy's laboratories are invaluable to scientists across disciplines, including those from academia, industry, and government. (4) For more than half a century, science research has had an extraordinary impact on the economy, national security, medicine, energy, life sciences, and the environment. In the economic arena, studies show that about half of all United States post-World War II economic growth is a direct result of technological innovation stemming from scientific research. (5) The Department of Energy's Office of Science programs, in constant dollars, have been flat funded for more than a decade, placing our scientific leadership in jeopardy and limiting the generation of ideas that will enhance our security and drive future economic growth. (6) Because the cost of doing research increases at a faster rate than the Consumer Price Index, flat funding for the Office of Science has led to a decline in the number of grants awarded, students trained, and scientists supported. Flat and erratic funding has also led to an underutilization of the facilities that the United States has invested hundreds of millions of dollars to construct. (7) Higher funding levels for the Office of Science will provide more opportunities for young Americans to enter the fields of mathematics, engineering, and the physical sciences, helping to alleviate an increasing over-reliance on foreign talent in these fields. TITLE I--OFFICE OF SCIENCE AUTHORIZATION SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (a) Program Direction.--The Secretary of Energy, acting through the Office of Science, shall-- (1) conduct a comprehensive program of fundamental research, including research on chemical sciences, physics, materials sciences, biological and environmental sciences, geosciences, engineering sciences, plasma sciences, mathematics, and advanced scientific computing; (2) maintain, upgrade, and expand the scientific user facilities maintained by the Office of Science and ensure that they are an integral part of the departmental mission for exploring the frontiers of fundamental science; (3) maintain a leading-edge research capability in the energy-related aspects of nanoscience and nanotechnology, advanced scientific computing and genome research; and (4) ensure that its fundamental science programs, where appropriate, help inform the applied research and development programs of the Department. (b) Fiscal Year 2004.-- (1) In general.--There are authorized to be appropriated to the Office of Science $3,624,454,000 for fiscal year 2004. (2) Specific allocations.--The amount authorized under paragraph (1) shall be allocated as follows: (A) General research activities (including university programs, facilities operations, national laboratory programs, accelerator research and development, workforce development, construction carryovers from years prior to fiscal year 2004, and program administration): $3,494,454,000. (B) Initiatives consistent with interagency guidance (among them nanoscience centers, advanced complex-simulation computing, and Genomes-to-Life centers): $80,000,000. (C) New construction: $50,000,000. (c) Fiscal Year 2005.-- (1) In general.--There are authorized to be appropriated to the Office of Science $4,015,000,000 for fiscal year 2005. (2) Specific allocations.--The amount authorized under paragraph (1) shall be allocated as follows: (A) General research activities (including university programs, facilities operations, national laboratory programs, accelerator research and development, workforce development, construction carryovers from years prior to fiscal year 2004, and program administration): $3,820,000,000. (B) Initiatives consistent with interagency guidance (among them nanoscience centers, advanced complex-simulation computing, and Genomes-to-Life centers): $130,000,000. (C) New construction: $65,000,000. (d) Fiscal Year 2006.-- (1) In general.--There are authorized to be appropriated to the Office of Science $4,618,000,000 for fiscal year 2006. (2) Specific allocations.--The amount authorized under paragraph (1) shall be allocated as follows: (A) General research activities (including university programs, facilities operations, national laboratory programs, accelerator research and development, workforce development, construction carryovers from years prior to fiscal year 2004, and program administration): $4,243,000,000. (B) Initiatives consistent with interagency guidance (among them nanoscience centers, advanced complex-simulation computing, and Genomes-to-Life centers): $205,000,000. (C) New construction: $170,000,000. (e) Fiscal Year 2007.-- (1) In general.--There are authorized to be appropriated to the Office of Science $5,310,000,000 for fiscal year 2007. (2) Specific allocations.--The amount authorized under paragraph (1) shall be allocated as follows: (A) General research activities (including university programs, facilities operations, national laboratory programs, accelerator research and development, workforce development, construction carryovers from years prior to fiscal year 2004, and program administration): $4,815,000,000. (B) Initiatives consistent with interagency guidance (among them nanoscience centers, advanced complex-simulation computing, and Genomes-to-Life centers): $215,000,000. (C) New construction: $280,000,000. SEC. 102. REPORTING. Not later than 60 days after the date of enactment of legislation providing for the annual appropriation of funds for the Office of Science, the Director of the Office of Science, henceforth referred to as the Assistant Secretary of Science, in accordance with section 201(b) of this Act, shall submit to the Committee on Science of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a plan for the allocation of funds authorized by this Act for the corresponding fiscal year. The plan shall include a description of how the allocation of funding will-- (1) affect trends in research support for major fields and subfields of the physical sciences, mathematics, and engineering, including emerging multidisciplinary areas; (2) affect the utilization of the Department's facilities; (3) address the workforce needs by field of science, mathematics, and engineering; and (4) ensure that research in the physical sciences, mathematics, and engineering is adequate to address important research opportunities in these fields. TITLE II--SCIENCE MANAGEMENT SEC. 201. IMPROVED COORDINATION AND MANAGEMENT OF CIVILIAN SCIENCE AND TECHNOLOGY PROGRAMS. (a) Effective Top-Level Coordination of Research and Development Programs.--Section 202(b) of the Department of Energy Organization Act (42 U.S.C. 7132(b)) is amended to read as follows: ``(b)(1) There shall be in the Department an Under Secretary for Energy Research and Science, who shall be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5, United States Code. ``(2) The Under Secretary for Energy Research and Science shall be appointed from among persons who-- ``(A) have extensive background in scientific or engineering fields; and ``(B) are well qualified to manage the civilian research and development programs of the Department of Energy. ``(3) The Under Secretary for Energy Research and Science shall-- ``(A) serve as the Science and Technology Advisor to the Secretary; ``(B) monitor the Department's research and development programs in order to advise the Secretary with respect to any undesirable duplication or gaps in such programs; ``(C) advise the Secretary with respect to the well-being and management of the science laboratories under the jurisdiction of the Department; ``(D) advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department; ``(E) advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the Department; and ``(F) exercise authority and responsibility over Assistant Secretaries carrying out energy research and development and energy technology functions under sections 203 and 209, as well as other elements of the Department assigned by the Secretary.''. (b) Reconfiguration of Position of Director of the Office of Science.--Section 209 of the Department of Energy Organization Act (41 U.S.C. 7139) is amended to read as follows: ``office of science ``Sec. 209. (a) There shall be within the Department an Office of Science, to be headed by an Assistant Secretary of Science, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. ``(b) The Assistant Secretary of Science shall be in addition to the Assistant Secretaries provided for under section 203 of this Act. ``(c) It shall be the duty and responsibility of the Assistant Secretary of Science to carry out the fundamental science and engineering research functions of the Department, including the responsibility for policy and management of such research, as well as other functions vested in the Secretary which he may assign to the Assistant Secretary.''. (c) Additional Assistant Secretary Position To Enable Improved Management of Nuclear Energy Issues.--(1) Section 203(a) of the Department of Energy Organization Act (42 U.S.C. 7133(a)) is amended by striking ``There shall be in the Department six Assistant Secretaries'' and inserting ``Except as provided in section 209, there shall be in the Department seven Assistant Secretaries''. (2) It is the sense of the House of Representatives that the leadership for departmental missions in nuclear energy should be at the Assistant Secretary level. (d) Technical and Conforming Amendments.--(1) Section 202 of the Department of Energy Organization Act (42 U.S.C. 7132) is further amended by adding the following at the end: ``(d) There shall be in the Department an Under Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe, consistent with this section. The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. ``(e) There shall be in the Department a General Counsel, who shall be appointed by the President, by and with the advice and consent of the Senate. The General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code.''. (2) Section 5314 of title 5, United States Code, is amended by striking ``Under Secretaries of Energy (2)'' and inserting ``Under Secretaries of Energy (3)''. (3) Section 5315 of title 5, United States Code, is amended by-- (A) striking ``Director, Office of Science, Department of Energy.''; and (B) striking ``Assistant Secretaries of Energy (6)'' and inserting ``Assistant Secretaries of Energy (8)''. (4) The table of contents for the Department of Energy Organization Act (42 U.S.C. 7101 note) is amended-- (A) by striking ``Section 209'' and inserting ``Sec. 209''; (B) by striking ``213.'' and inserting ``Sec. 213.''; (C) by striking ``214.'' and inserting ``Sec. 214.''; (D) by striking ``215.'' and inserting ``Sec. 215.''; and (E) by striking ``216.'' and inserting ``Sec. 216.''. SEC. 202. SCIENCE ADVISORY BOARD FOR THE OFFICE OF SCIENCE. (a) Establishment.--There shall be in the Office of Science a Science Advisory Board, comprising the chairs of the advisory panels for each of the programs. (b) Responsibilities.--The Science Advisory Board shall-- (1) serve as the science advisor to the Assistant Secretary of Science; (2) advise the Assistant Secretary with respect to the well-being and management of the multipurpose laboratories; (3) advise the Assistant Secretary with respect to education and workforce-training activities required for effective short- and long-term basic and applied research activities of the Office of Science; and (4) advise the Assistant Secretary with respect to the well-being of the university research programs supported by the Office of Science.", "summary": "Energy and Science Research Investment Act of 2003 - Instructs the Secretary of Energy to: (1) conduct a comprehensive fundamental research program in designated sciences; and (2) upgrade and expand scientific user facilities maintained by the Office of Science in order to ensure that fundamental science programs aid the applied research and development programs of the Department of Energy (DOE).Authorizes appropriations for FY 2004 through 2007.Amends the Department of Energy Organization Act to establish within DOE: (1) an Under Secretary for Energy Research and Science, to serve as the Science and Technology Advisor to the Secretary, and to exercise authority and responsibility over Assistant Secretaries implementing energy research and development, and energy technology functions; (2) an Assistant Secretary of Science to head the Office of Science (currently headed by a Director); (3) an additional position for Assistant Secretary; (4) the position of General Counsel; and (5) a Science Advisory Board composed of the chairs of the advisory panels for each of the programs."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Lebanon and Syria Liberation Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--STRENGTHENING OF INTERNATIONAL SANCTIONS AGAINST SYRIA Sec. 101. Declarations of policy. Sec. 102. Codification of existing sanctions. Sec. 103. Sanctions against certain persons. Sec. 104. Sanctions against certain foreign countries. Sec. 105. Diplomatic efforts. Sec. 106. Report on assistance to, and commerce with, Syria. TITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA AND SOVEREIGNTY AND DEMOCRACY IN LEBANON Sec. 201. Declarations of policy. Sec. 202. Assistance to support a transition to democracy in Syria and restoration of sovereign democratic governance in Lebanon. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Person.--The term ``person'' means any United States or foreign individual, partnership, corporation, or other form of association, or any of their successor entities, parents or subsidiaries. (3) Syria.--The term ``Syria'' includes any agency or instrumentality of Syria. (4) United states assistance.--The term ``United States assistance'' means-- (A) any assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2251 et seq.), other than urgent humanitarian assistance or medicine; (B) sales and assistance under the Arms Export Control Act (22 U.S.C. 2751 et seq.); (C) financing by the Commodity Credit Corporation for export sales of agricultural commodities; and (D) financing under the Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.). TITLE I--STRENGTHENING OF INTERNATIONAL SANCTIONS AGAINST SYRIA SEC. 101. DECLARATIONS OF POLICY. Congress makes the following declarations of policy: (1) The actions of the Government of the Syrian Arab Republic, including its support for terrorism, its development of long-range missiles and weapons of mass destruction programs and capabilities, its continued occupation of the Lebanese Republic in violation of its international obligations, its support for, and facilitation of, all terrorist activities inside of Iraq, and its massive, systematic, and extraordinary violations of human rights of both the Syrian and Lebanese people, are a threat to the national security interests of the United States and international peace. (2) The policy of the United States shall be to deny Syria the ability to carry out the following: (A) To finance, provide safe-haven, or otherwise support terrorist organizations. (B) To develop biological, chemical, or nuclear weapons and long-range ballistic missiles. (C) To continue to occupy and otherwise interfere in the affairs of the Government of Lebanon in contravention of United Nations Security Council Resolutions 425 (1978), 426 (1978), 520 (1982), and 1559 (2004), and other pertinent obligations. (D) To continue to oppress the people of Syria. (3) The President should advocate for, and should instruct the United States Permanent Representative to the United Nations to propose and seek within the United Nations Security Council, a mandatory international embargo against the Government of Syria, pursuant to Article 41 of the Charter of the United Nations. (4) Any effort by a country that is a recipient of United States foreign assistance to facilitate, directly or indirectly, the development of Syria's nuclear, biological, or chemical weapons capabilities, long-range ballistic missile development programs, or to help make operational any nuclear facility in Syria will have a detrimental impact on United States assistance to such country. SEC. 102. CODIFICATION OF EXISTING SANCTIONS. United States sanctions, controls, and regulations relating to Syria and persons who are determined to be facilitating the Government of Syria, as in effect on the date of the enactment of this Act, shall remain in effect until the President certifies to the appropriate congressional committees that-- (1) a government exists in Syria that-- (A) has ceased any and all support for terrorism; (B) has permanently dismantled Syria's biological, chemical, or nuclear weapons programs and has committed to combat the proliferation of such weapons; (C) has withdrawn from Lebanon and respects the boundaries and sovereignty of all neighboring countries; and (D) upholds and defends human rights and civil liberties; and (2) sovereignty has been restored to Lebanon and there exists a freely-elected, internationally recognized democratic government in Lebanon. SEC. 103. SANCTIONS AGAINST CERTAIN PERSONS. (a) Prohibition.--If any person knowingly transfers or retransfers goods or technology so as to contribute to the efforts by Syria to acquire or develop destabilizing numbers and types of advanced conventional weapons, or to acquire, develop, produce, or stockpile biological, chemical, or nuclear weapons and long-range ballistic missiles, then the sanctions described in subsection (b) shall be imposed. (b) Sanctions.--The sanctions to be imposed pursuant to subsection (a) are as follows: (1) Procurement sanction.--The United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person. (2) Export sanction.--The United States Government shall not issue any license for any export by or to the sanctioned person. (3) Import sanction.--The President shall ban the importation of any article that is a product of the sanctioned person. SEC. 104. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES. (a) Prohibition.--If the President determines that the government of any foreign country knowingly transfers or retransfers goods or technology, or provides assistance, so as to contribute to the efforts by Syria to acquire or develop destabilizing numbers and types of advanced conventional weapons, or to acquire, develop, produce, or stockpile biological, chemical, or nuclear weapons and long-range ballistic missiles, then two or more of the sanctions described in subsection (b), and the sanctions described in subsection (c), shall be imposed. (b) Sanctions.--The sanctions referred to in subsection (a) are as follows: (1) Suspension of united states assistance.--The United States Government shall suspend United States assistance to the sanctioned country. (2) Export sanction.--The United States Government shall not issue any license for any export by or to the sanctioned country. (3) Import sanction.--The President shall ban the importation of any article that is a product of the sanctioned country. (4) International financial institution assistance.--The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to oppose and vote against the extension by such institution of any financial or technical assistance to the sanctioned country. (5) Suspension of codevelopment or coproduction agreements.--The United States shall suspend compliance with its obligations under any memorandum of understanding with the sanctioned country for the codevelopment or coproduction of any item on the United States Munitions List (established under section 38 of the Arms Export Control Act (22 U.S.C. 2778)), including any obligation for implementation of the memorandum of understanding through the sale to the sanctioned country of technical data or assistance or the licensing for export to the sanctioned country of any component part. (6) United states munitions list.--No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) may be exported to the sanctioned country. (c) Suspension of Military and Dual-Use Technical Exchange Agreements.--The United States shall suspend compliance with its obligations under any technical exchange agreement involving military and dual-use technology between the United States and the sanctioned country that does not directly contribute to the security of the United States, and no military or dual-use technology may be exported from the United States to the sanctioned country pursuant to that agreement during that period. SEC. 105. DIPLOMATIC EFFORTS. (a) Bilateral Efforts.--It is the sense of Congress that the Secretary of State should ensure that United States diplomatic personnel abroad understand and, in their contacts with foreign officials, are communicating the reasons for United States policy and sanctions against the Government of Syria, and are urging foreign governments to cooperate more effectively with the Government of the United States. (b) United Nations System.--The President shall direct the United States Permanent Representative to the United Nations, United Nations organizations and entities, and United Nations affiliated agencies and bodies, to continue to use the voice and vote of the United States to oppose Syria's membership and candidacy for leadership posts in such institutions, and engage in diplomatic efforts to secure multilateral support for such efforts. (c) United Nations Commission on Human Rights.--The President shall take the necessary steps to secure support for a resolution at the United Nations Commission on Human Rights holding the the Government of Syria accountable for its systematic violations of human rights of Syrian and Lebanese citizens and calling for the appointment of a United Nations Special Rapporteur to investigate these human rights violations. (d) International Financial Institutions.--The President shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice and vote of the United States to oppose any loan or other assistance to Syria and to oppose Syria's membership in the institution. (e) International Atomic Energy Agency.--The President shall instruct the United States Permanent Representative to the International Atomic Energy Agency (IAEA) to seek the adoption of a resolution calling on Syria to declare all nuclear related facilities, immediately and unconditionally suspend any activity which could be used to develop nuclear weapons capability, and provide full access to IAEA inspectors to its nuclear-related facilities. (f) United States and Regional Contact Groups.--The President shall seek to establish contact groups with relevant countries in the Middle East to provide forums in which United States officials who are responsible for counter-proliferation efforts are able to meet, at least twice each year, with their counterpart from such countries to-- (1) discuss the global threats presented by Iranian nuclear proliferation and sponsorship of international terrorism; and (2) develop strategies to effectively address these threats. SEC. 106. REPORT ON ASSISTANCE TO, AND COMMERCE WITH, SYRIA. (a) Report.--Not later than 90 days after the date of the enactment of this Act, and on an annual basis thereafter, the President shall transmit to the appropriate congressional committees a report on assistance to, and commerce with, Syria by other foreign countries during the preceding 12-month period. (b) Contents.--Each report required by subsection (a) shall, for the period covered by the report, contain the following information, to the extent such information is available: (1) A description of all bilateral assistance provided to Syria by other foreign countries, including humanitarian assistance. (2) A description of Syria's commerce with foreign countries, including an identification of Syria's trading partners and the extent of such trade. (3) A description of the joint ventures completed, or under consideration, by foreign nationals and business firms involving facilities in Syria, including an identification of the location of the facilities involved and a description of the terms of agreement of the joint ventures and the names of the parties that are involved. (4) A determination of the amount of debt of the Government of Syria that is owed to each foreign country, including-- (A) the amount of debt exchanged, forgiven, or reduced under the terms of each investment or operation in Syria involving foreign nationals; and (B) the amount of debt owed to the foreign country that has been exchanged, forgiven, or reduced in return for a grant by the Syrian Government of an equity interest in a property, investment, or operation of the Syrian Government or of a Syrian national. (5) A description of the steps taken to assure that raw materials and semifinished or finished goods produced by facilities in Syria involving foreign nationals do not enter the United States market, either directly or through third countries or parties. (6) An identification of countries and entities that provide, or have provided, arms or military supplies from Syria or that otherwise have entered into agreements with Syria that could have a military application, including-- (A) a description of the military supplies, equipment, or other material sold, bartered, or exchanged between Syria and such countries; (B) a listing of the goods, services, credits, or other consideration received by Syria in exchange for military supplies, equipment, or material; and (C) the terms or conditions of any such agreement. (c) Form.--The report submitted under subsection (a) shall be in unclassified form but may include a classified annex. TITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA AND SOVEREIGNTY AND DEMOCRACY IN LEBANON SEC. 201. DECLARATIONS OF POLICY. (a) Syria.--It shall be the policy of the United States to support independent human rights and pro-democracy forces in Syria to promote the emergence of a democratic government that-- (1) will denounce and combat terrorism; (2) will dismantle its biological, chemical, and nuclear weapons programs and commit to combat the proliferation of such weapons; (3) will respect the boundaries and sovereignty of its neighbors and live in peace and security with all the countries in the region; and (4) will uphold and defend the human rights and civil liberties of its citizens. (b) Lebanon.--It shall be the policy of the United States to initiate efforts to restore Lebanese sovereignty, including the immediate and unconditional withdrawal of all Syrian personnel from Lebanon, and to support Lebanese civil society and pro-democracy forces in restoring a freely-elected, internationally recognized democratic government in Lebanon. SEC. 202. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN SYRIA AND RESTORATION OF SOVEREIGN DEMOCRATIC GOVERNANCE IN LEBANON. (a) Authorization.--Notwithstanding any other provision of law, the President is authorized to provide assistance and other support for individuals and independent nongovernmental organizations to support a transition to a freely-elected, internationally recognized democratic government in Syria and the restoration of sovereign, democratic rule in Lebanon. (b) Activities Supported.--Assistance provided under subsection (a) shall, to the maximum extent practicable, be used to carry out the following activities: (1) Democracy-building and civil society efforts in Syria and Lebanon, including the provision of assistance to organizations certified by the President to be independent democratic organizations, victims of political repression and their families, and prisoners of conscience and their families. (2) Radio and television broadcasting to Syria and Lebanon to support democracy-building and civil society efforts in Syria and Lebanon. (c) Authorization of Appropriations.--There are authorized to be appropriated to the President to carry out this section such sums as may be necessary for fiscal year 2006 and each subsequent fiscal year.", "summary": "Lebanon and Syria Liberation Act - States that U.S. sanctions, controls, and regulations relating to Syria shall remain in effect until the President certifies that: (1) Syria has ceased support for terrorism, has dismantled biological, chemical, or nuclear weapons programs and has committed to combat their proliferation, has withdrawn from Lebanon and respects the boundaries and sovereignty of all neighboring countries, and upholds human rights and civil liberties; and (2) sovereignty has been restored to Lebanon. Imposes specified trade, assistance, and military sanctions, as appropriate, on persons or countries that transfer goods or technology so as to contribute to Syria's biological, chemical, nuclear, or advanced conventional weapons programs. Sets forth diplomatic measures intended to achieve such nonproliferation. Directs the President to provide assistance to support a democratic transition in Syria and the restoration of sovereign, democratic rule in Lebanon. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Atchafalaya National Heritage Area Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Atchafalaya Basin area of Louisiana, designated by the Louisiana Legislature as the ``Atchafalaya Trace State Heritage Area'' and consisting of the area described in section 5(b), is an area in which natural, scenic, cultural, and historic resources form a cohesive and nationally distinctive landscape arising from patterns of human activity shaped by geography. (2) The significance of the area is enhanced by the continued use of the area by people whose traditions have helped shape the landscape. (3) There is a national interest in conserving, restoring, promoting, and interpreting the benefits of the area for the residents of, and visitors to, the area. (4) The area represents an assemblage of rich and varied resources forming a unique aspect of the heritage of the United States. (5) The area reflects a complex mixture of people and their origins, traditions, customs, beliefs, and folkways of interest to the public. (6) The land and water of the area offer outstanding recreational opportunities, educational experiences, and potential for interpretation and scientific research. (7) Local governments of the area support the establishment of a national heritage area. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to conserve, restore, promote, and interpret the significant resource values and functions of the Atchafalaya Basin area and advance sustainable economic development of the area; (2) to foster a close working relationship with all levels of government, the private sector, and the local communities in the area so as to enable those communities to conserve their heritage while continuing to pursue economic opportunities; and (3) to establish, in partnership with the State, local communities, preservation organizations, private corporations, and landowners in the Heritage Area, the Atchafalaya Trace State Heritage Area, as eligible parishes designated by the Louisiana Legislature, as the Atchafalaya National Heritage Area. SEC. 4. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Atchafalaya National Heritage Area established by section 5(a). (2) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the Heritage Area designated by section 5(c). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 7. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Louisiana. SEC. 5. ATCHAFALAYA NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Atchafalaya National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of parishes that are consistent with the tradition, purposes, goals, and culture of the Heritage Area as determined by the Secretary in consultation with the State. The Secretary shall give priority consideration to those parishes in Atchafalaya State Heritage Area. (c) Local Coordinating Entity.-- (1) In general.--The Atchafalaya Trace Commission shall be the local coordinating entity for the Heritage Area. (2) Composition.--The local coordinating entity shall be composed of 1 member appointed by the governing authority of each parish within the Heritage Area. SEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY. (a) Authorities.--For the purposes of developing and implementing the management plan approved by the Secretary, the local coordinating entity may-- (1) make grants to, and enter into cooperative agreements with, the State, units of local government, and private organizations; (2) hire and compensate staff; and (3) enter into contracts for goods and services. (b) Duties.--The local coordinating entity shall-- (1) submit to the Secretary for approval a management plan; (2) implement the management plan, including providing assistance to units of government and others in-- (A) carrying out programs that recognize important resource values within the Heritage Area; (B) encouraging sustainable economic development within the Heritage Area; (C) establishing and maintaining interpretive sites within the Heritage Area; and (D) increasing public awareness and appreciation for the natural, historic, and cultural resources of the Heritage Area; (3) adopt bylaws governing the conduct of the local coordinating entity; and (4) for any year for which Federal funds are received under this Act, submit to the Secretary a report that describes, for the year-- (A) the accomplishments of the local coordinating entity; and (B) the expenses and income of the local coordinating entity. (c) Acquisition of Real Property.--No Federal funds authorized under this Act may be used to acquire real property or any interest in real property. (d) Public Meetings.--The local coordinating entity shall conduct public meetings at least quarterly. SEC. 7. MANAGEMENT PLAN. (a) In General.--The local coordinating entity shall develop a management plan for the Heritage Area that incorporates an integrated and cooperative approach to conserve, interpret, and enhance the natural, scenic, cultural, historic, and recreational resources of the Heritage Area consistent with local, State and Federal land use laws and compatible with the economic viability of the Heritage Area. (b) Consideration of Other Plans and Actions.--In developing the management plan, the local coordinating entity shall-- (1) take into consideration Federal, State, and local plans land use, laws, and plans; and (2) invite the participation of residents, public agencies, and private organizations in the Heritage Area. (c) Contents.--The management plan shall include-- (1) an inventory of the resources in the Heritage Area, including-- (A) a list of property in the Heritage Area that-- (i) relates to the purposes of the Heritage Area; and (ii) should be preserved, restored, managed, or maintained because of the significance of the property; and (B) an assessment of cultural landscapes within the Heritage Area; (2) provisions for the conservation, interpretation, and enjoyment of the resources of the Heritage Area identified in the management plan and found by the Secretary to be consistent with this Act and consistent with economic viability of the Heritage Area; (3) an interpretation plan for the Heritage Area; and (4) a program for implementation of the management plan that includes-- (A) actions that may be carried out by units of government, private organizations, and public-private partnerships to protect the resources of the Heritage Area; and (B) the identification of existing and potential sources of funding for implementing the plan. (d) Submission to Secretary for Approval.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (2) Effect of failure to submit.--If a management plan is not submitted to the Secretary by the date specified in paragraph (1), the Secretary shall not provide any additional funding under this Act until a management plan for the Heritage Area is submitted to the Secretary. (e) Approval.-- (1) In general.--Not later than 90 days after receiving the management plan submitted under subsection (d)(1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Action following disapproval.-- (A) In general.--If the Secretary disapproves a management plan under paragraph (1), the Secretary shall-- (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) allow the local coordinating entity to submit to the Secretary revisions to the management plan. (B) Deadline for approval of revision.--Not later than 90 days after the date on which a revision is submitted under subparagraph (A)(iii), the Secretary shall approve or disapprove the revision. (f) Revision.-- (1) In general.--After approval by the Secretary of a management plan, the local coordinating entity shall periodically-- (A) review the management plan; and (B) submit to the Secretary, for review and approval by the Secretary, the recommendations of the local coordinating entity for any revisions to the management plan that the local coordinating entity considers to be appropriate. (2) Expenditure of funds.--Funds made available under this Act shall be used only to implement the approved management plan. SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. (a) Notification and Consent of Property Owners Required.--No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent to the management entity for such preservation, conservation, or promotion. (b) Landowner Withdraw.--Any owner of private property included within the boundary of the Heritage Area shall have that private property immediately removed from the boundary by submitting a written request to the management entity. SEC. 9. PRIVATE PROPERTY PROTECTION. (a) Access to Private Property.--Nothing in this Act shall be construed to-- (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. (b) Liability.--Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on that private property. (c) Participation of Private Property Owners in Heritage Area.-- Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. SEC. 10. EFFECT OF ACT. Nothing in this Act-- (1) grants any Federal agency regulatory authority over any interest in the Heritage Area, unless cooperatively agreed to by all involved parties; (2) modifies, enlarges, or diminishes any authority of the Federal, or State, or local government to regulate any use of land as provided for by law (including regulations) in existence on the date of the enactment of this Act; (3) grants any power of zoning or land use to the local coordinating entity; (4) imposes any environmental, occupational, safety, or other rule, standard, or permitting process that is different from those in effect on the date of enactment of this Act that would be applicable had the Heritage Area not been established; (5) imposes any change in Federal environmental quality standards; (6) abridges, restricts, or alters any applicable rule, standard, or review procedure for permitting of facilities within or adjacent to the Heritage Area; or (7) affects the continuing use and operation, where located on the date of enactment of this Act, of any public or private facility, including any public utility or common carrier. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 shall be made available for any fiscal year.", "summary": "Atchafalaya National Heritage Area Act - Establishes the Atchafalaya National Heritage Area in Louisiana. Designates the Atchafalaya Trace Commission as the local coordinating entity of the Heritage Area. Prohibits the use of Federal funds authorized under this Act to acquire real property. Requires the Commission to develop and implement a management plan, subject to the Secretary of the Interior's approval, that incorporates an integrated and cooperative approach to conserve, interpret, and enhance the resources of the Heritage Area. Establishes a procedure for the voluntary inclusion of private property in the Heritage Area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Family Relief Act''. SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J). (2) Conforming amendments.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendments.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)'', respectively. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which she remarries or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which he remarries''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which such parent marries, or such parent''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with the month preceding the earlier of'' and by striking the comma after ``216(l))''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(y) The amount of any individual's monthly insurance benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. SEC. 4. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM PROVISIONS. Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(10) Notwithstanding any other provision of this Act, in applying the preceding provisions of this subsection (and determining maximum family benefits under column V of the table in or deemed to be in section 215(a) as in effect in December 1978) with respect to the month in which the insured individual's death occurs, the benefit payable to such individual for that month shall be disregarded.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the month in which this Act is enacted.", "summary": "Provides that such individual's benefit shall be payable for such month only in proportion to the number of days preceding the date of death. Provides for disregard of such benefits for the month of death in determining maximum family benefits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Neighborhoods from Oil Pollution Act of 2011''. SEC. 2. OIL STORAGE AND PROCESSING FACILITIES. Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended by adding at the end the following: ``(s) Oil Storage and Processing Facilities.-- ``(1) Closure.--Not later than 6 months after the date of enactment of the Protecting Neighborhoods from Oil Pollution Act of 2011, the Administrator shall issue final regulations requiring an owner or operator of an oil storage or processing facility to permanently close the oil storage or processing facility if one or both of the following conditions apply: ``(A) The oil storage or processing facility is located within 1 mile of 100 or more residential units, and 2 or more covered discharges occur at the oil storage or processing facility within any 10-year period. ``(B) The oil storage or processing facility is the source of groundwater contamination affecting 100 or more residential units. ``(2) Regulations.--The Administrator shall include in regulations issued under paragraph (1) the following: ``(A) A definition of the term `permanently close', to include requirements that-- ``(i) all liquid and sludge are removed from each container and connecting line associated with the oil storage or processing facility; ``(ii) all connecting lines and piping associated with the oil storage or processing facility are disconnected from each such container and blanked off, all valves (except for ventilation valves) are closed and locked, and conspicuous signs are posted on each such container stating that it is a permanently closed container and noting the date of closure; and ``(iii) all other applicable Federal laws and regulations are followed with respect to clean up and remediation of any other contamination at, or originating from, the oil storage or processing facility. ``(B) Any additional closure and post-closure requirements the Administrator determines appropriate. ``(C) A requirement that closure of an oil storage or processing facility be completed by one of the following deadlines, as applicable: ``(i) Not later than 1 year after the date of enactment of the Protecting Neighborhoods from Oil Pollution Act of 2011, in the case of an oil storage or processing facility at which 2 or more covered discharges have occurred on or before such date of enactment. ``(ii) Not later than 1 year after the date on which a second covered discharge occurs at the oil storage or processing facility within any 10-year period, in the case of any oil storage or processing facility not described in clause (i). ``(iii) Not later than 1 year after the date on which the Administrator determines that the oil storage or processing facility is the source of groundwater contamination affecting 100 or more residential units. ``(D) Any other requirements the Administrator determines appropriate. ``(3) Prohibited exemptions.--The Administrator may not include in regulations issued under paragraph (1) exemptions to any of the requirements of this subsection for covered discharges resulting from an act of God, an act of war, or negligence on the part of the United States Government. ``(4) Waiver and extension authority.--The Administrator may waive the requirement for closure of an oil storage or processing facility under this subsection, or grant an extension of the deadline for such closure, if the Administrator determines that the owner or operator of the facility has taken or is taking all practicable steps to remediate the condition requiring closure under paragraph (1). ``(5) Health and welfare authority.--A condition requiring closure under paragraph (1) shall be considered to be-- ``(A) a substantial threat to the public health or welfare of the United States for the purposes of subsections (c) and (e); and ``(B) an imminent and substantial endangerment to the health of persons or to the welfare of persons for the purposes of section 504. ``(6) Definitions.--For the purposes of this subsection, the following definitions apply: ``(A) Covered discharge.--The term `covered discharge' means a discharge of oil greater than 40 gallons from any source. ``(B) Oil storage or processing facility.--The term `oil storage or processing facility' means any structure, group of structures, equipment, or device, including any associated property, that is used for producing, storing, handling, transferring, processing, or transporting oil. ``(7) Rule of construction.--Nothing in this subsection shall be construed to restrict any other Federal or State authority regarding the remediation of, or other response to, a covered discharge.''.", "summary": "Protecting Neighborhoods from Oil Pollution Act of 2011 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Administrator of the Environmental Protection Agency (EPA) to issue final regulations requiring an owner or operator to permanently close any oil storage or processing facility that: (1) is located within one mile of 100 or more residential units if two or more discharges of more than 40 gallons of oil occur at such facility within any 10-year period, or (2) is the source of groundwater contamination affecting 100 or more residential units. Requires such closures to be completed by specified deadlines. Requires such regulations to define \"permanently close\" to require: (1) all liquid and sludge to be removed from each container and connecting line associated with such facilities; (2) all such connecting lines and piping to be disconnected from such containers and blanked off, all valves (except for ventilation valves) to be closed and locked, and conspicuous signs to be posted on each container stating that it is a permanently closed container and noting the date of closure; and (3) other applicable laws to be followed with respect to clean up and remediation of any other contamination at, or originating from, such facilities. Prohibits the Administrator from including in such regulations exemptions to any of the requirements of this Act for discharges resulting from an act of God, an act of war, or U.S. negligence. Authorizes the Administrator to waive the requirement for closure of such facilities or grant an extension of the closure deadline if the Administrator determines that such owners or operators have taken or are taking all practicable steps to remediate the condition requiring closure. Requires such conditions requiring closure to be considered to be: (1) a substantial threat to the public health or welfare of the United States for the purposes of federal removal authority and civil enforcement, or (2) an imminent and substantial endangerment to the health of persons or to the welfare of persons for the purposes of emergency powers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Employment Through Technology Education Courses Act'' or the ``VET TEC Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY PILOT PROGRAM. (a) Pilot Program.--The Secretary of Veterans Affairs shall carry out a pilot program under which the Secretary shall provide eligible veterans with the opportunity to enroll in high technology programs of education. (b) Eligibility.--For purposes of the pilot program under this section, an eligible veteran is a veteran who is entitled to educational assistance under the laws administered by the Secretary. (c) Contracts.-- (1) In general.--For purposes of carrying out subsection (a), by not later than 180 days after the date of the enactment of this Act, the Secretary shall seek to enter into contracts with multiple qualified providers of high technology programs of education for the provision of such programs to eligible veterans under the pilot program. (2) Payment of contractors.--A contract under this subsection shall provide that the Secretary shall pay to a provider-- (A) 25 percent of the cost of providing the program of education upon the enrollment of an eligible veteran in the program; (B) 25 percent of such cost upon the completion of the program by the veteran; and (C) 50 percent of such cost upon the employment of the veteran following completion of the program. (3) Qualified providers.--For purposes of the pilot program, a provider of a high technology program of education is qualified if the provider has been operational for at least two years. (4) Tuition reimbursement.--In entering into contracts to carry out the pilot program, the Secretary shall give preference to a qualified provider that offers tuition reimbursement for any student who-- (A) completes a program of education offered by the provider; and (B) does not find full-time meaningful employment within the 180-day period beginning on the date the student completes the program. (d) Housing Stipend.--The Secretary shall pay to each eligible veteran who is enrolled in a high technology program of education under the pilot program on a full-time basis a monthly housing stipend equal to the product-- (1) of-- (A) in the case of a veteran pursuing resident training, the monthly amount of the basic allowance for housing payable under section 403 of title 37, United States Code, for a member with dependents in pay grade E-5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the institution at which the individual is enrolled; or (B) in the case of a veteran pursuing a program of education through distance learning, a monthly amount equal to 50 percent of the amount payable under subparagraph (A), multiplied by (2) the lesser of-- (A) 1.0; or (B) the number of course hours borne by the individual in pursuit of the program of education involved, divided by the minimum number of course hours required for full-time pursuit of such program of education, rounded to the nearest multiple of 10. (e) High Technology Program of Education Defined.--In this section, the term ``high technology program of education'' means a program of education that-- (1) is offered by an entity other than an institution of higher learning; (2) does not lead to a degree; and (3) provides instruction in computer programming, computer software, media application, data processing, or information sciences. (f) Reports.-- (1) Secretary of veterans affairs.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the pilot program under this section. (2) Comptroller general.-- (A) Interim report.--Not later than three years after the date on which the Secretary first enters into a contract under this section, the Comptroller General of the United States shall submit to Congress a report containing the results of the interim assessment of the Comptroller General. Such report shall include the recommendations of the Comptroller General for improving the pilot program and an assessment of each of the following: (i) The technology experience of the directors and instructors of the providers of high technology programs of education under the pilot program. (ii) Whether the providers cooperated with the technology industry to create the curriculum for the program of education. (iii) Whether the providers use an open source curriculum for the program of education. (iv) The admittance rate into the pilot program. (v) The job placement rate for veterans who completed a program of education under the pilot program. (vi) The average salary of veterans who completed a program of education under the pilot program and were subsequently employed. (vii) The average age of veterans who participated in the pilot program. (B) Final report.--Not later than five years after the date on which the Secretary first enters into a contract under this section, the Comptroller General shall submit to Congress a final report on the pilot program. Such report shall include the recommendation of the Comptroller General with respect to whether the program should be extended and an assessment of each of the following: (i) Each item described in clauses (i) through (vii) of subparagraph (A). (ii) The percentage of veterans who completed a program of education under the pilot program who were subsequently employed for a period of six months or longer. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $15,000,000 for each fiscal year during which the Secretary carries out a pilot program under this section. (h) Termination.--The authority to carry out a pilot program under this section shall terminate on the date that is five years after the date on which the Secretary first enters into a contract under this section.", "summary": "Veteran Employment Through Technology Education Courses Act or the VET TEC Act This bill directs the Department of Veterans Affairs (VA) to carry out a five-year pilot program to provide eligible veterans with the opportunity to enroll in high technology programs of education. An "eligible veteran" is one who is entitled to educational assistance under the laws administered by the VA. A "high technology program of education" is one that is offered by an entity other than an institution of higher learning, does not lead to a degree, and provides instruction in computer programming, computer software, media application, data processing, or information sciences. The VA shall enter into contracts with multiple qualified providers of such programs, under which the VA shall pay: (1) 25% of the cost of providing the program upon the enrollment of an eligible veteran, (2) 25% of such cost when the veteran completes the program, and (3) 50% of such cost upon the veteran's employment following completion. The VA shall give preference to a qualified provider that offers tuition reimbursement for any student who completes the program and does not find full-time meaningful employment within 180 days. The VA shall pay a monthly housing stipend to each eligible veteran enrolled full-time in such a program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act'' or the ``RELIEF Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Amendments to the Lacey Act Amendments of 1981 were enacted as part of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246). (2) The 2008 amendments were intended to level the playing field for American businesses engaged in the responsible harvest, shipment, manufacture, and trade of plants and plant products whose prices had been undercut by a black market fueled by irresponsible and illegal taking of protected plants around the globe. (3) The 2008 amendments were overly broad and their enforcement as enacted could criminalize actions of a good- faith owner, purchaser, or retailer of a plant or plant product, subjecting them to penalties that include forfeiture, fines, and imprisonment. (4) Sanctions for violating the 2008 amendments should be proportional to the act in violation. An individual who is not in the commercial shipping business should not be held to the same standard of compliance under that Act. (5) Individuals fear that they risk incurring those penalties by merely owning or traveling with a vintage musical instrument, antique furniture, or another wood product. (6) The Department of the Interior and Department of Justice have stated ``people who unknowingly possess a musical instrument or other object containing wood that was illegally taken, possessed, transported or sold in violation of law and who, in the exercise of due care would not have known that it was illegal, do not have criminal exposure.''. (7) It is necessary to clarify the 2008 amendments so that legally harvested new plant products can enter the market place. (8) Declaration requirements for plant products imported or manufactured prior to May 22, 2008, are unreasonable since the sourcing of plant products was not previously required by law. (9) Federal law enforcement officials should not engage in overzealous enforcement action under the 2008 amendments. (10) It is important to ensure that the appropriate agencies have the necessary funding to implement the current phases of the declaration requirement before considering any future phases. (11) The appropriate agencies have the responsibility of providing a publicly accessible database so that everyone can be notified of the foreign laws of countries as they apply to the importation of plants. SEC. 3. TREATMENT OF PLANTS AND PLANT PRODUCTS UNDER LACEY ACT AMENDMENTS OF 1981. (a) Limitation on Application of Act to Certain Plants and Plant Products.--The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) is amended by redesignating section 9 as section 10, and by inserting after section 8 the following: ``SEC. 9. LIMITATION ON APPLICATION TO CERTAIN PLANTS AND PLANT PRODUCTS. ``This Act does not apply with respect to-- ``(1) any plant that was imported into the United States before May 22, 2008; or ``(2) any finished plant or plant product the assembly and processing of which was completed before May 22, 2008.''. (b) Limitations on Application of Plant Declaration Requirement.-- Section 3(f) of such Act (16 U.S.C. 3372(f)) is amended-- (1) in paragraph (1), by inserting ``that is entered for consumption (as that term is defined in part 141.0a of title 19, Code of Federal Regulations, as in effect on the date of enactment of the Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act)'' after ``plant''; and (2) in paragraph (3)-- (A) by inserting ``(A)'' before ``Paragraphs (1)''; and (B) by adding at the end the following: ``(B)(i) In the case of a plant product that is derived from a tree, a declaration under paragraph (1) or (2) is not required to include information referred to in subparagraph (A), (B), or (C) of that paragraph unless the plant product is solid wood. ``(ii) The Administrator of the Animal and Plant Health Inspection Service shall issue regulations that define the term `solid wood' for purposes of this subparagraph.''. (c) Application of Civil Forfeiture Laws.--Section 5(d) of such Act (16 U.S.C. 3374(d)) is amended-- (1) by inserting ``(1)'' before ``Civil''; (2) by inserting ``, except as provided in paragraphs (2) and (3) of this subsection'' before the period at the end; and (3) by adding at the end the following: ``(2) Subsection (d)(4) of section 983 of such chapter, and the second sentence of subsection (a)(1)(F) of such section, shall not apply to plants or plant products. ``(3) This section is the sole authority for civil seizure or forfeiture actions alleging, or predicated upon, a violation of section 3.''. SEC. 4. LIMITATION ON APPLICATION OF FOREIGN LAWS. (a) Prohibited Acts.--Section 3(a) of such Act (16 U.S.C. 3372(a)) is amended-- (1) in paragraph (2)(B), in clause (ii) and in clause (iii), by striking ``foreign law'' and inserting ``foreign law that is directed at the protection, conservation, and management of plants''; and (2) in paragraph (3)(B), in clause (ii) and in clause (iii), by striking ``foreign law'' and inserting ``foreign law that is directed at the protection, conservation, and management of plants''. (b) Civil Penalties.--Section 4(a)(1) of such Act (16 U.S.C. 3373(a)(1)) is amended by striking ``foreign law'' and inserting ``foreign law that is directed at the protection, conservation, and management of plants''. SEC. 5. REVIEW AND REPORT. Section 3(f) of such Act (16 U.S.C. 3372(f)) is amended-- (1) in paragraph (4), by striking ``Not later than two years after the date of enactment of this subsection,'' and inserting ``Not later than 180 days after the date of enactment of the Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act,''; and (2) in paragraph (5)-- (A) by striking ``Not later than 180 days after the date on which the Secretary completes the review under paragraph (4), the Secretary'' and inserting ``Not later than 180 days after the date the Secretary completes the review under paragraph (4), the Director of the United States Fish and Wildlife Service''; (B) by striking ``and'' after the semicolon at the end of subparagraph (B); (C) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (D) by adding at the end the following: ``(D) an evaluation of the feasibility of creating and maintaining a publicly available database of laws of foreign countries from which plants are exported.''.", "summary": "Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act or the RELIEF Act - (Sec. 3) Amends the Lacey Act Amendments of 1981 to: (1) make such Act inapplicable to any plant that was imported into the United States before May 22, 2008, or any finished plant or plant product the assembly and processing of which was completed before such date; (2) limit the application of plant importation declaration requirements to plants that are entered for consumption; and (3) exclude from declaration requirements a plant product that is derived from a tree unless the product is solid wood (requires the Administrator of the Animal and Plant Health Inspection Service to issue regulations that define the term \"solid wood\" for such purpose). Provides that: (1) civil forfeiture provisions that prohibit any person from asserting an ownership interest in contraband or other property that it is illegal to possess, or that prohibit the federal government from being required to return contraband or other property that the person from whom the property was seized may not legally possess, shall not apply to plants or plant products; and (2) civil forfeiture provisions of such Act are the sole authority for civil seizure or forfeiture actions alleging, or predicated upon, a violation of such Act. (Sec. 4) Prohibits any person from importing, exporting, transporting, selling, receiving, acquiring, or purchasing in interstate or foreign commerce, or any person within the special maritime and territorial jurisdiction of the United States from possessing, a plant taken, possessed, transported, or sold: (1) without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any state or any foreign law that is directed at the protection, conservation, and management of plants; and (2) in violation of any limitation under any law or regulation of any state, or under foreign law, governing the export or transshipment of plants and that is directed at the protection, conservation, and management of plants Limits the application of a civil penalty under such Act for violations of foreign laws to violations of foreign laws that are directed at the protection, conservation, and management of plants. Requires the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970, to review the implementation of plant declarations with 180 days. Requires the Director of the United States Fish and Wildlife Service (currently, the Secretary of Commerce) to report on plant declaration requirements, including an evaluation of the feasibility of creating a publicly available database of laws of foreign countries from which plants are exported."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Frank and Jeanne Moore Wild Steelhead Special Management Area Designation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Frank Moore has committed his life to family, friends, his country, and fly fishing; (2) Frank Moore is a World War II veteran who stormed the beaches of Normandy along with 150,000 troops during the D-Day Allied invasion and was awarded the Chevalier of the French Legion of Honor for his bravery; (3) Frank Moore returned home after the war, started a family, and pursued his passion of fishing on the winding rivers in Oregon; (4) as the proprietor of the Steamboat Inn along the North Umpqua River in Oregon for nearly 20 years, Frank Moore, along with his wife Jeanne, shared his love of fishing, the flowing river, and the great outdoors, with visitors from all over the United States and the world; (5) Frank Moore has spent most of his life fishing the vast rivers of Oregon, during which time he has contributed significantly to efforts to conserve fish habitats and protect river health, including serving on the State of Oregon Fish and Wildlife Commission; (6) Frank Moore has been recognized for his conservation work with the National Wildlife Federation Conservationist of the Year award, the Wild Steelhead Coalition Conservation Award, and his 2010 induction into the Fresh Water Fishing Hall of Fame; and (7) in honor of the many accomplishments of Frank Moore, both on and off the river, approximately 99,653 acres of Forest Service land in the State of Oregon should be designated as the ``Frank and Jeanne Moore Wild Steelhead Special Management Area''. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``Map'' means the map entitled ``Frank Moore Wild Steelhead Special Management Area Designation Act'' and dated June 23, 2016. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (3) Special management area.--The term ``Special Management Area'' means the Frank and Jeanne Moore Wild Steelhead Special Management Area designated by section 4(a). (4) State.--The term ``State'' means the State of Oregon. SEC. 4. FRANK AND JEANNE MOORE WILD STEELHEAD SPECIAL MANAGEMENT AREA, OREGON. (a) Designation.--The approximately 99,653 acres of Forest Service land in the State, as generally depicted on the Map, is designated as the ``Frank and Jeanne Moore Wild Steelhead Special Management Area''. (b) Map; Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Special Management Area. (2) Force of law.--The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Availability.--The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Administration.--Subject to valid existing rights, the Special Management Area shall be administered by the Secretary-- (1) in accordance with all laws (including regulations) applicable to the National Forest System; and (2) in a manner that-- (A) conserves and enhances the natural character, scientific use, and the botanical, recreational, ecological, fish and wildlife, scenic, drinking water, and cultural values of the Special Management Area; (B) maintains and seeks to enhance the wild salmonid habitat of the Special Management Area; (C) maintains or enhances the watershed as a thermal refuge for wild salmonids; and (D) preserves opportunities for recreation, including primitive recreation. (d) Fish and Wildlife.--Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent Management.--Nothing in this section-- (1) creates any protective perimeter or buffer zone around the Special Management Area; or (2) modifies the applicable travel management plan for the Special Management Area. (f) Wildfire Management.--Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Special Management Area, consistent with the purposes of this Act, including the use of aircraft, machinery, mechanized equipment, fire breaks, backfires, and retardant. (g) Vegetation Management.--Nothing in this section prohibits the Secretary from conducting vegetation management projects within the Special Management Area in a manner consistent with-- (1) the purposes described in subsection (c); and (2) the applicable forest plan. (h) Protection of Tribal Rights.--Nothing in this section diminishes any treaty rights of an Indian tribe. (i) Withdrawal.--Subject to valid existing rights, the Federal land within the boundaries of the Special Management Area river segments designated by subsection (a) is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.", "summary": ". Frank and Jeanne Moore Wild Steelhead Special Management Area Designation Act (Sec. 4) This bill designates approximately 99,653 acres of Forest Service land in Oregon as the "Frank and Jeanne Moore Wild Steelhead Special Management Area." The special management area shall be administered by the Forest Service to: conserve and enhance the natural character, scientific use, and the botanical, recreational, ecological, fish and wildlife, scenic, drinking water, and cultural values of the special management area; maintain and seek to enhance the wild salmonid habitat of the special management area; maintain or enhance the watershed as a thermal refuge for wild salmonids; and preserve opportunities for recreation, including primitive recreation. The bill withdraws the federal land within the boundaries of the special management area's river segments from: entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws relating to mineral and geothermal leasing or mineral materials."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserve Access to Care in the Home (PATCH) Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Home health services are a vital component of the benefits that are provided to beneficiaries under the medicare program under title XVIII of the Social Security Act. (2) Home health services under the medicare program enable homebound individuals who are at great risk for costly institutionalized care to stay in their own homes and communities. (3) Implementation of the home health interim payment system under the medicare program has inadvertently exacerbated payment disparities for home health services between regions, penalizing efficient, low-cost home health agencies in rural areas and providing insufficient compensation for the care of higher acuity, medically complex patients. (4) The frequency and volume of prepayment medical reviews, including requests for medical records, and other administrative changes imposed upon home health agencies, particularly those agencies that are located in rural areas, has had a devastating effect on smaller care agencies. (5) The combination of insufficient payments and new administrative changes has precipitated the closure of nearly 2,000 home health agencies and branch offices and has forced many surviving agencies to shrink their service areas or limit the types of patients they may serve, resulting in restricted access to home health services in many areas. (6) The scheduled additional 15 percent across the board reduction in home health payments under the medicare program will severely compromise existing access to home health services, particularly in low-cost rural areas. (b) Purposes.--The purposes of this Act are as follows: (1) To ensure access to care for patients with high medical needs by establishing a process for home health agencies to exclude high acuity, medically complex patients from the per- beneficiary limits under the interim payment system for home health services and instead receive cost-based reimbursement for services provided such patients. (2) To eliminate the 15 percent across the board reduction in home health payments under the medicare program. (3) To bring relief from certain administrative requirements to home health agencies with-- (A) strong, established compliance records; and (B) a history of claim denial rates of less than 5 percent. SEC. 3. ELIMINATION OF AUTOMATIC 15 PERCENT REDUCTION IN HOME HEALTH PAYMENTS. (a) Contingency Reduction.--Section 4603 of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) (as amended by section 5101(c)(3) of the Tax and Trade Relief Extension Act of 1998 (contained in division J of Public Law 105-277)) is amended by striking subsection (e). (b) Prospective Payment System.--Section 1895(b)(3)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)) is amended-- (1) by striking ``Initial basis.--'' and all that follows through ``Under such system'', and inserting ``Initial basis.-- Under such system''; (2) in the matter preceding clause (ii), by striking ``but if the reduction in limits described in clause (ii) had been in effect''; and (3) by striking clause (ii). SEC. 4. OUTLIER PAYMENTS FOR HOME HEALTH SERVICES. (a) Waiver of Applicable Home Health Payment Limits for Outliers.-- (1) In general.--Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by section 5101 of the Tax and Trade Relief Extension Act of 1998 (contained in Division J of Public Law 105-277) is amended-- (A) by redesignating clause (ix) as clause (x); and (B) by inserting after clause (viii) the following: ``(ix)(I) Notwithstanding the applicable limit under this subparagraph, in the case of a provider that demonstrates to the Secretary that with respect to an individual to whom the provider furnished home health services appropriate to the individual's condition (as determined by the Secretary) at a reasonable cost (as determined by the Secretary), and that such reasonable cost significantly exceeded such applicable limit because of unusual variations in the type or amount of medically necessary care required to treat the individual, the Secretary, upon application by the provider, shall pay to such provider for such individual such reasonable cost. ``(II) The Secretary shall establish such criteria as is required for payment under this clause, including a description of the type of patient, patient condition, unusual variations, and home health service that qualifies for such payment. ``(III) In making determinations under subclause (I), the Secretary shall use data from the cost report, or from other data collected by the Secretary, of the provider for such year. ``(IV) A provider may make an application for payment under this clause for a fiscal year no earlier than the end of the cost reporting period beginning in such fiscal year. ``(V) In the case of an application for payment under this clause that is approved by the Secretary, a home health agency may elect to receive payment on a quarterly basis.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on September 30, 1999, and apply with respect to each application for payment of reasonable costs for outliers submitted by any home health agency for cost reporting periods ending on or after such date. SEC. 5. CLARIFICATION OF THE DEFINITION OF HOMEBOUND. (a) In General.--The last sentence of sections 1814(a) and 1835(a) of the Social Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each amended-- (1) by striking ``leave home,'' and inserting ``leave home and''; and (2) by striking ``, and that absences'' and all that follows before the period. (b) Effective Date.--The amendments made by subsection (a) shall apply to items and services provided on or after the date of enactment of this Act. SEC. 6. REVIEW OF CLAIMS SUBMITTED BY HOME HEALTH AGENCIES. (a) In General.--Section 1816(c)(2) of the Social Security Act (42 U.S.C. 1395h(c)(2)) is amended by adding at the end the following: ``(D)(i) Each agreement under this section shall provide that if the average finalized denial rate of claims submitted by a home health agency (determined for the 3 most recent cost reporting periods ending before the date of such determination) is less than 5 percent-- ``(I) no prepayment medical review, including requests for medical records and focused medical reviews, may be conducted with respect to a claim submitted by such agency (absent probable cause that the particular claim is invalid) during the agency's next succeeding cost reporting period; and ``(II) post-payment review of claims submitted by the agency during the agency's next succeeding cost reporting period shall not exceed 10 percent of the dollar value of all of the services provided by the agency for which a claim for reimbursement is filed under this title during such period. ``(ii) For purposes of clause (i), the finalized denial rate of claims submitted by a home health agency for any cost reporting period is equal to the percentage determined by dividing-- ``(I) the dollar value of all of the services provided by the agency for which-- ``(aa) a claim for reimbursement is filed under this title during such period; and ``(bb) a denial for such claim has become final after all rights to request reconsideration or to appeal have been exhausted, by ``(II) the dollar value of all of the services provided by the agency for which a claim for reimbursement is-- ``(aa) filed under this title during such period; and ``(bb) reviewed by the Secretary or an agency or organization with an agreement under this section.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act and shall apply to agreements entered into or renewed on or after such date. SEC. 7. RESTORATION OF PERIODIC INTERIM PAYMENTS FOR HOME HEALTH AGENCIES. Section 4603(b) of Public Law 105-33 is repealed. SEC. 8. SENSE OF THE CONGRESS REGARDING THE IMPLEMENTATION OF PPS FOR HOME HEALTH SERVICES. It is the sense of the Congress that the Secretary of Health and Human Services should-- (1) ensure that the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff) provides for appropriate payment of services that are provided to beneficiaries; (2) ensure that reimbursement rates under such system-- (A) include incentives to provide services efficiently to all beneficiaries; and (B) do not create unintentional incentives to discriminate against beneficiaries with medically complex conditions; (3) ensure that the establishment of the case mix adjustment for such services under subsection (b)(4) of such section-- (A) does not penalize agencies that serve beneficiaries with medically complex conditions; (B) provides some predictive value and accounts for a fair portion of the variation in costs associated with providing services to beneficiaries; and (C) takes into account such variables as the health status, age, and socioeconomic status of beneficiaries; (4) establish a nationally uniform process to ensure that fiscal intermediaries have the training and ability to provide timely and accurate coverage and payment information to home health agencies under the medicare program under title XVIII of such Act (42 U.S.C. 1395 et seq.); (5) assess the costs to home health agencies of implementing new regulations and interpretations associated with the prospective payment system for home health services and consider the impact of such costs on the ability of such agencies to provide home health services to beneficiaries; and (6) provide periodic updates to Congress and home health agencies regarding the progress by the Secretary of implementing the prospective payment system for home health services.", "summary": "Amends SSA title XVIII to: (1) create outlier provisions for home health services; (2) revise the definition of homebound; and (3) restructure the review process for claims submitted by home health agencies. Amends BBA '97 for the stated purpose of restoring periodic interim payments for home health agencies. Expresses the sense of the Senate that the Secretary of Health and Human Services should: (1) ensure that the prospective payment system (PPS) for home health services provides for appropriate payment of services provided to beneficiaries at rates that include incentives to provide services efficiently to all beneficiaries and do not create unintentional incentives to discriminate against beneficiaries with complex medical conditions; (2) ensure that the establishment of the case mix adjustment for such services does not penalize agencies that serve such beneficiaries, provides some predictive value, and accounts for appropriate variables, such as age and health status; (3) establish a nationally uniform process to ensure that fiscal intermediaries have the training and ability to provide timely and accurate coverage and payment information to Medicare home health agencies; (4) assess home health agency regulatory costs associated with the PPS for home health services and consider the cost impact on the agency's ability to provide such services; and (5) provide periodic updates to Congress and home health agencies on the Secretary's progress in implementing such PPS."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Education Flexibility Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) According to the ``National Survey of Veterans, Active Duty Service Members, Demobilized National Guard and Reserve Members, Family Members, and Surviving Spouses Final Report'', commissioned by the Secretary of Veterans Affairs in 2010, 20.6 percent of eligible veterans--approximately 2,621,753 veterans--were unable to use their GI bill educational benefits because their period of eligibility expired. (2) The time limitations for using GI bill educational benefits do not reflect the realities of the modern economy of the United States. After leaving the service, many veterans postpone further education to join the workforce and support their families or are faced with lengthy rehabilitations from service-related injuries. (3) Access to education and job retraining has proved the arbiter of success in today's economy, and if the United States is to lower the unemployment rate among the veteran population, the United States must provide veterans unfettered access to educational benefits. (b) Purpose.--The purpose of this Act is to remove the delimiting dates and retroactively restore the Department of Veterans Affairs Educational benefits within the Post-Vietnam Era Veterans' Educational Assistance Program (VEAP), Montgomery GI Bill-Active Duty (MGIB-AD), and Post-9/11 GI Bill. SEC. 3. ELIMINATION OF TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT TO EDUCATIONAL ASSISTANCE. (a) Montgomery GI Bill-Active Duty.-- (1) In general.--Section 3031 of chapter 30 of title 38, United States Code, is amended to read as follows: ``Sec. 3031. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete ``(a) Educational Institutions Operating on Quarter or Semester System.--If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution regularly operated on the quarter or semester system and the period of such individual's entitlement under this chapter would, under section 3013, expire during a quarter or semester, such period shall be extended to the end of such quarter or semester. ``(b) Other Educational Institutions.--If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution not regularly operated on the quarter or semester system and the period of such individual's entitlement under this chapter would, under section 3013, expire after a major portion of the course is completed, such period shall be extended to the end of the course or for 12 weeks, whichever is the lesser period of extension.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 3031 and inserting the following new item: ``3031. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete.''. (3) Conforming amendments.--Chapter 33 of title 38, United States Code, is amended-- (A) in section 3018C(e)(3)(B)-- (i) by striking ``(i) The Secretary'' and inserting ``The Secretary''; and (ii) by striking clause (ii); and (B) in section 3020-- (i) in subsection (f)(1), by striking ``Subject to the time limitation for use of entitlement under section 3031 of this title, an'' and inserting ``An''; and (ii) in subsection (h), by striking ``Notwithstanding section 3031 of this title, a'' and inserting ``A''. (b) Post-Vietnam Era Veterans' Educational Assistance Program.-- (1) In general.--Section 3232 of title 38, United States Code, is amended-- (A) by striking subsections (a) and (b); and (B) by redesignating subsections (c) and (d) as subsections (a) and (b), respectively. (2) Conforming amendment.--Section 3035(b)(1) of title 38, United States Code, is amended by striking ``and from'' and all that follows through ``title''. (c) Post-9/11 GI Bill.-- (1) In general.--Section 3321 of chapter 30 of title 38, United States Code, is amended to read as follows: ``Sec. 3321. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete ``Section 3031 shall apply with respect to the termination of an individual's entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual's entitlement to educational assistance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to section 3312 of this title.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 3321 and inserting the following new item: ``3321. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete.''. (3) Conforming amendments.--Chapter 33 of title 38, United States Code, is amended-- (A) in section 3312(b), by striking ``3321(b)(2)'' and inserting ``3321''; (B) in section 3319-- (i) in subsection (f)(1), by striking ``Subject to'' and all that follows through ``an'' and inserting ``An''; and (ii) in subsection (h)(5)(A), by striking ``may use'' and all that follows through ``but''. (d) Conforming Amendments for Reserve Component Programs.-- (1) Selected reserve.--Section 16133(b) of title 10, United States Code, is amended-- (A) in paragraph (2), by striking ``section 3031(f)'' and inserting ``subsections (a) and (b) of section 3031''; and (B) in paragraph (3), by inserting ``, as such section existed on the day before the date of the enactment of the Veterans Education Flexibility Act,'' after ``title 38''. (2) Other reserve components.--Section 16164(b)(2) of title 10, United States Code, is amended to read as follows: ``(2) The following provisions shall apply to the period of entitlement prescribed by paragraph (1): ``(A) Subsections (a) and (b) of section 3031 of title 38. ``(B) Subsection (d) of section 3031 of title 38, as such subsection existed on the day before the date of the enactment of the Veterans Education Flexibility Act.''. (e) Applicability.--The amendments made by this section shall apply with respect to any individual who has been entitled to educational assistance under chapters 30, 32, or 33 of title 38, United States Code. For purposes of determining the number of months of entitlement to such educational assistance that an individual is entitled to, the Secretary of Veterans Affairs shall disregard any delimiting date eliminated by this Act that occurred before the date of the enactment of this Act.", "summary": "Veterans Education Flexibility Act This bill declares that, if an individual eligible for educational assistance under the all-volunteer force educational assistance program of the Department of Veterans Affairs is enrolled in an educational institution and the period of entitlement (10 years after discharge or release from active duty) would expire during a quarter or semester of enrollment, the period shall be extended to the end of that period (or until the earlier of the end of the course or 12 weeks in the case of an educational institution not regularly operated on a quarter or semester basis). The bill: (1) repeals the delimiting period for the use of assistance under the post-Vietnam era veterans' educational assistance program (generally 10 years after the veteran's last discharge or release from active duty), and (2) applies the assistance extension provided under the all-volunteer force educational assistance program to the post-9/11 veterans' educational assistance program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Inventory of Assets for Communications Facilities Act of 2018''. SEC. 2. INVENTORY OF FEDERAL ASSETS. (a) In General.--Not later than 1 year after the date of the enactment of this Act-- (1) the Administrator of General Services, in coordination with the Assistant Secretary of Commerce for Communications and Information, shall ensure that the database established under section 5(c) of Executive Order 13327 (69 Fed. Reg. 5895) includes an inventory of covered assets, which shall include the information provided under subsections (b) and (c); (2) the Administrator shall make such inventory available to the Assistant Secretary for purposes of paragraph (3); and (3) the Assistant Secretary shall make such inventory available to any entity that constructs or operates communications facilities or provides communications service. (b) Provision of Information by Executive Agencies.-- (1) In general.--Not later than 9 months after the date of the enactment of this Act, the head of an Executive agency shall provide to the Administrator, in a manner and format to be determined by the Administrator, the information described in paragraph (2) with respect to a covered asset of such agency. (2) Information described.--The information described in this paragraph is-- (A) the location of the covered asset; (B) the type of the covered asset, such as whether the asset is a building (and the type of building), land (and the type or use of the land), right-of-way, easement, utility pole, wireless communications tower, underground utility route, or cable on which capacity is available for lease; (C) contact information for an officer or employee of the agency who may be contacted for permitting or other information about the covered asset; (D) whether the covered asset is historic property (as defined in section 300308 of title 54, United States Code); and (E) such other information as the Administrator considers appropriate. (3) Provision of updated information.-- (A) Change in information.--In the case of a change in any of the information provided to the Administrator under paragraph (1) with respect to a covered asset of an Executive agency, the head of such agency shall provide updated information to the Administrator not later than 30 days after such change. (B) Acquisition of new covered asset.--In the case of the acquisition of a covered asset by an Executive agency after the date that is 9 months after the date of the enactment of this Act, the head of such agency shall provide to the Administrator the information required by paragraph (1) with respect to such asset not later than 30 days after such acquisition. (4) Exclusion of information for national security reasons.-- (A) Classified information.--The head of an Executive agency may exclude classified information from the information provided to the Administrator under this subsection. (B) Other information.--If the head of an Executive agency determines, in consultation with the Administrator, that inclusion of information (other than classified information) about a covered asset of such agency in the inventory established under subsection (a) would harm national security, the head of the agency may exclude such information from the information provided to the Administrator under this subsection. (C) Classified information defined.--In this paragraph, the term ``classified information'' means any information or material that has been determined by the Federal Government pursuant to an Executive order, statute, or regulation, to require protection against unauthorized disclosure for reasons of national security and any restricted data, as defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). (c) Information on State and Local Assets.-- (1) Voluntary provision of information.--A State or local government may provide to the Administrator for inclusion in the inventory established under subsection (a), in a manner and format to be determined by the Administrator, information with respect to a State or local asset that would be a covered asset if under the custody and control of an Executive agency. (2) Inclusion of information.--The Administrator shall include in such inventory any information provided by a State or local government in accordance with paragraph (1) in the same manner as information provided by an Executive agency under subsection (b). (3) Provision of updated information.--In the case of a change in any of the information provided to the Administrator under paragraph (1) with respect to a State or local asset, the State or local government shall provide updated information to the Administrator not later than 30 days after such change. If a State or local government does not comply with the preceding sentence, the Administrator shall deny the State or local government access to the inventory established under subsection (a). (d) Updating of Inventory.--After the establishment of the inventory under subsection (a), the Administrator shall include in the inventory information provided under subsection (b) or (c) not later than the date that is 7 days after the Administrator receives such information. The information with respect to each covered asset or State or local asset in the inventory shall include the most recent date on which such information was added or updated. (e) Format of Location Information.--The information in the inventory established under subsection (a) about the location of a covered asset or State or local asset shall be in Geographic Information System format or another format that the Administrator considers appropriate. (f) Information Security.--The Administrator shall adopt measures to prevent unauthorized access to the information in the inventory established under subsection (a). (g) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (3) Communications facility.--The term ``communications facility'' includes-- (A) any wireless or wireline infrastructure for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds; (B) any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the provision of communications services; and (C) any antenna or apparatus that-- (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location; and (iii) is added to a tower, building, or other structure. (4) Communications service.--The term ``communications service'' means a service for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds. (5) Covered asset.--The term ``covered asset'' means, with respect to an agency, any Federal real property (as defined in section 2(a) of Executive Order 13327 (69 Fed. Reg. 5895)) under the custody and control of such agency-- (A)(i) on which a broadband communications facility could be constructed; or (ii) that could otherwise be made available to an entity that-- (I) constructs or operates broadband communications facilities for use in connection with such construction or operation; or (II) provides broadband communications service for use in connection with such provision; and (B) that is suitable for the deployment, or use in connection with the deployment, of broadband communications facilities or broadband communications services. (6) Executive agency.--The term ``Executive agency'' has the meaning given such term in section 105 of title 5, United States Code.", "summary": "Inventory of Assets for Communications Facilities Act of 2018 This bill requires the General Services Administration and the Department of Commerce to ensure the federal real property database includes an inventory of real property on which a broadband communications facility could be constructed or that is suitable for deployment of broadband communications facilities or services. Commerce must make the inventory available to any entity that constructs or operates communications facilities or provides communications services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Burial Benefits Enhancement Act of 2003''. SEC. 2. MODIFICATION OF ELIGIBILITY OF STATES FOR BURIAL PLOT ALLOWANCE. (a) In General.--Section 2303(b) of title 38, United States Code, is amended-- (1) in the matter preceding paragraph (1), by striking ``a burial allowance under such section 2302, or under such subsection, who was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or who is a veteran of any war'' and inserting ``burial in a national cemetery under section 2402 of this title''; and (2) in paragraph (2), by striking ``(other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war)'' and inserting ``is eligible for a burial allowance under section 2302 of this title or under subsection (a) of this section, or was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, and such veteran''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to the burial of persons dying on or after the date of the enactment of this Act. SEC. 3. LEASE OF UNUTILIZED OR UNDERUTILIZED PROPERTY OR FACILITIES OF NATIONAL CEMETERY ADMINISTRATION. (a) In General.--Chapter 24 of title 38, United States Code, is amended by inserting after section 2406 the following new section: ``Sec. 2406A. Lease of unutilized or underutilized land or facilities ``(a) Subject to the provisions of this section, the Secretary may lease to such lessee, and upon such terms and conditions as the Secretary considers will be in the public interest, any unutilized or underutilized land or facilities of the United States that are part of the National Cemetery Administration as the Secretary considers appropriate. ``(b) The term of any lease of land or facilities under subsection (a) may not exceed three years. ``(c)(1) A lease under subsection (a) to any public or nonprofit organization may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5). ``(2) Notwithstanding section 1302 of title 40 or any other provision of law, a lease under subsection (a) to any public or nonprofit organization may provide for the maintenance, protection, or restoration by the lessee of the land or facilities covered by the lease as a part or all of the consideration for the lease. ``(3) Before entering into a lease of land or facilities under subsection (a) to a public or nonprofit organization, the Secretary shall publish in a newspaper of general circulation in the community in which such land or facilities are located appropriate public notice of the intention of the Secretary to enter into the lease. ``(d) Notwithstanding any other provision of law, proceeds from the lease of land or facilities under subsection (a) shall be deposited in the National Cemetery Administration account. Amounts so deposited shall be merged with amounts in such account, and shall be available for the same purposes, and subject to the same conditions and limitations, as the amounts with which merged.''. (b) Clerical Amendment.--The table of sections at the beginning of that chapter is amended by inserting after the item relating to section 2406 the following new item: ``2406A. Lease of unutilized or underutilized land or facilities.''. SEC. 4. ESTABLISHMENT OF NATIONAL CEMETERIES FOR GEOGRAPHICALLY UNDERSERVED POPULATIONS OF VETERANS. (a) In General.--Chapter 24 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2412. Establishment of national cemeteries: geographically underserved populations of veterans ``(a) Except as provided in subsection (c), the Secretary shall establish a national cemetery in each geographic area identified by the Secretary under subsection (b) in order to ensure that the veterans who reside in such geographic area reside not more than 50 miles from an open national cemetery. ``(b) The Secretary shall identify each geographic area in the United States in which-- ``(1) the number of veterans who reside more than 50 miles from an open national cemetery or State cemetery for veterans exceeds 170,000 veterans; or ``(2) the number of veterans who reside more than 50 miles from an open national cemetery or State cemetery for veterans, when combined with the number of veterans who reside within 50 miles of a State cemetery for veterans but are ineligible for burial in such State cemetery due to residency requirements, exceeds 170,000 veterans. ``(c) If the Secretary determines that the expansion of one or more national cemeteries in a geographic area identified under subsection (b) is adequate and appropriate to meet the needs of veterans and their families in such geographic area, the Secretary shall expand such national cemetery or cemeteries in lieu of meeting the requirement for such geographic area under subsection (a). ``(d) A national cemetery established under this section shall be treated as a national cemetery of the National Cemetery Administration under this chapter. ``(e) In this section, the term `open', with respect to a national cemetery or State cemetery for veterans, means that the national cemetery or State cemetery for veterans has the capacity for each of the following: ``(1) First interment, in-ground casket burials. ``(2) Burial or inurnment of cremated remains.''. (b) Clerical Amendment.--The table of sections at the beginning of that chapter is amended by adding at the end the following new item: ``2412. Establishment of national cemeteries: geographically underserved populations of veterans.''.", "summary": "Veterans' Burial Benefits Enhancement Act of 2003 - Revises eligibility requirements concerning the veterans' burial plot allowance paid by the Secretary of Veterans Affairs to a State cemetery. Authorizes the Secretary to lease any unutilized or underutilized land or facilities of the United States that are part of the National Cemetery Administration (Administration) for up to three years. Requires: (1) the lessee to maintain, protect, or restore such land or facilities; and (2) lease proceeds to be deposited into the Administration account. Directs the Secretary to establish a national cemetery in each geographic area in which more than 170,000 veterans reside more than 50 miles from an open (unfilled) national or State veterans' cemetery. Allows the Secretary to expand a current (filled) national cemetery in such an area in lieu of such requirement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Human Rights Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) There is currently not a democratic government in Iran. Instead, Iran is an ideological dictatorship presided over by an unelected Supreme Leader with limitless veto power, an unelected Expediency Council, and a Council of Guardians capable of eviscerating any reforms. (2) The Supreme Leader appoints the heads of the judiciary, the clergy members on the powerful Council of Guardians, the commanders of all the armed forces, Friday prayer leaders, and the head of radio and television and confirms the president's election, rendering him the most powerful person in Iranian politics with little accountability within the political system. (3) Members of the Council of Guardians in Iran, who are chosen by the Supreme Leader, must vet all candidates for election based on their political predispositions and all legislation before it can be entered into law. (4) There has been a re-entrenchment of revolutionary forces in the political system in Iran. Elections held in February 2004 resulted in significant gains by conservative hard-liners affiliated with the regime's clerical army, the Pasdaran, culminating in the election of President Mahmoud Ahmadinejad in June 2005. (5) Over the past decade, human rights have been in steady decline in Iran. Torture, executions after unfair trials, and censorship of all media remain rampant throughout the country. Stoning, amputation, flogging, and beheading are used as methods of punishment. (6) Since his rise to power, President Ahmadinejad has embarked upon a concerted campaign of domestic repression, including new restrictions on radio, television, and film content, a ban on the publication of virtually all books, and an expansion in the activities of the regime's ``morals police''. (7) The United Nations General Assembly adopted Resolution 61/176 on December 19, 2006, to express its grave concern over the deteriorating human rights situation in Iran. The resolution urges the Government of Iran ``to ensure full respect for the rights to freedom of assembly, opinion and expression ... to eliminate the use of torture and other cruel, inhuman or degrading treatment or punishment ... [and] to eliminate, in law and in practice, all forms of discrimination based on religion, ethnicity, or linguistic grounds. (8) The 2006 State Department Country Reports on Human Rights Practices states that ``the Government's poor human rights record worsened, and it continued to commit numerous, serious abuses''. (9) According to Human Rights Watch's World Report 2006, many of the human rights violations committed in Iran were performed by quasi-official ``parallel institutions'', which include ``paramilitary groups and plainclothes intelligence agents [that] violently attack peaceful protesters, and intelligence services [that] run illegal secret prisons and interrogation centers''. Uniformed police officers are fearful of challenging plainclothes agents, who belong to groups such as Ansar-e Hizbollah and Basij. (10) According to the 2006 State Department International Religious Freedom Report, the population of Iran is 89 percent Shi'a Muslim and 8 percent Sunni Muslim; less than 2 percent of the remaining population is comprised of Baha'is, Jews, Christians, Mandaeans, and Zoroastrians. (11) Religious minorities in Iran face significant discrimination, including imprisonment, harassment, and intimidation. Accordingly, the Secretary of State has, since 1999, designated Iran as a country of particular concern pursuant to section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)). (12) Ambeyi Ligabo, United Nations Special Rapporteur on the Right to Freedom of Opinion and Expression, submitted a report to the Commission on Human Rights in 2004 on ``Civil and Political Rights, Including the Question of Freedom of Expression''. Mr. Ligabo asserted that ``the climate of fear induced by the systematic repression of people expressing critical views against the authorized political and religious doctrine and the functioning of the institutions coupled with the severe and disproportionate sentences imposed lead to self- censorship on the part of many journalists, intellectuals, politicians, students and the population at large, thus in effect impeding freedom of expression''. (13) According to the 2006 State Department Country Reports on Human Rights Practices, on July 31, 2006, student protestor Akbar Mohammadi died in Evin Prison from medical complications related to a hunger strike. The report states that ``authorities reportedly denied Mohammadi's parents permission to see their son's body and did not respond to calls for an independent investigation into the cause of death. (14) Amnesty International's 2003 Report on Iran detailed the arrest of Iranian-born Canadian journalist Zahra Kazemi for taking photographs outside Evin prison in Tehran on June 23, 2003. Over the course of her detention, judicial officials interrogated Ms. Kazemi for three days. While in custody, Ms. Kazemi was beaten, and she died of a brain hemorrhage on July 23, 2003. Despite court orders for investigation, no progress has been made on this case. (15) Men and women are not equal under the laws of Iran, and women are legally deprived of their basic rights. The 2006 State Department Country Reports on Human Rights Practices stated that the weight of a woman's court testimony in Iran is half that of a man's testimony and the family of a female crime victim in that country receives only half the amount of ``blood money'' provided to the family of a male crime victim. The Government of Iran mandates gender segregation in most public spaces, including on public buses and at entrances to public buildings, universities, and airports. (16) The April 30, 2007, State Department Country Reports on Terrorism states that Iran remains the most active state sponsor of terrorism. (17) There exists a broad-based movement and desire for political change in the Islamic Republic of Iran that is pro- democratic and seeks freedom and economic opportunity, and which represents all sectors of Iranian society, including youth, women, students, military personnel, and religious figures. (18) The people of Iran have increasingly expressed frustration at the slow pace of reform in Iran, and any efforts for nonviolent change in their society have been suppressed. (19) On September 7, 2006, Mohammad Khatami, President of Iran from 1997 to 2005, became the highest ranking Iranian to visit Washington, DC, since the hostage crisis of 1979, despite his government's state sponsorship of terrorism, repression of political opponents, and dismal human rights record and the advancement of Iran's uranium enrichment program. (20) President Ahmadinejad is moving to limit freedom of expression in higher education. On September 5, 2006, he expressed concern that universities were too secular and called for a purge of liberal and secular faculty members from universities in Iran. SEC. 3. AMENDMENTS TO THE IRAN FREEDOM SUPPORT ACT. (a) Foreign Policy Priorities.--Section 301(a) of the Iran Freedom Support Act (Public Law 109-293; 22 U.S.C. 2151 note) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking ``in Iran.'' and inserting ``inside and outside Iran that maintain internationally recognized human rights standards, including those provided for in the Universal Declaration of Human Rights and the Helsinki Commitments;''; and (3) by adding at the end the following: ``(3) to make the deplorable human rights record of the Government of Iran a top concern and priority of United States foreign policy; and ``(4) to keep the deplorable human rights record of Iran a top priority, irrespective of ongoing nuclear issues.''. (b) Support for Democracy and Human Rights in Iran.--Section 302 of such Act is amended-- (1) by amending the section header to read as follows: ``support for democracy and human rights in iran''; and (2) by redesignating subsections (a) through (g) as subsections (b) through (h), respectively; (3) in subsection (d), as redesignated-- (A) by inserting ``, acting through the Special Envoy,'' after ``The President''; and (B) in paragraph (2), by striking ``(g)'' and inserting ``(h)''; and (4) by inserting before subsection (b) the following: ``(a) Special Envoy on Human Rights in Iran.-- ``(1) Appointment of special envoy.--The President shall appoint a special envoy for human rights in Iran within the Department of State (in this section referred to as the `Special Envoy'). The Special Envoy should-- ``(A) be a person of recognized distinction in the field of human rights; ``(B) not be an incumbent official of the Department of State; and ``(C) report directly to the Secretary of State. ``(2) Duties.-- ``(A) In general.--The Special Envoy shall coordinate and promote efforts to improve respect for the fundamental human rights of the people of Iran and work with organizations committed to promoting democracy in Iran. ``(B) Specific duties.--The Special Envoy shall-- ``(i) support and promote international efforts to promote human rights and political freedoms in Iran, including coordination between the United States and the United Nations, the European Union, the Organization for Security and Cooperation in Europe, and countries in the region; ``(ii) establish the regional framework described in section 304; ``(iii) coordinate with appropriate offices of the Department of State, the Department of Defense, the National Security Council, and such other agencies as may be necessary to coordinate the establishment and operation of the regional framework; ``(iv) serve as point of contact for opposition groups, diaspora groups, and nongovernmental organizations interested in advocating democracy and human rights in Iran; ``(v) coordinate efforts with appropriate departments and agencies of the Federal Government, international organizations, nongovernmental organizations, and individuals and organizations from the Iranian diaspora to acquire greater information and reporting on conditions in Iran; ``(vi) oversee funding for, and providing consultative authority with respect to, public and private broadcasting into Iran; and ``(vii) review strategies for improving the protection of human rights in Iran, including technical training and exchange programs. ``(3) Report on activities.--Not later than 180 days after the date of the enactment of the Iran Human Rights Act of 2007, and annually thereafter for each of the following 5 years, the Special Envoy shall submit a report on the activities undertaken under paragraph (2) during the preceding 12 months to-- ``(A) the Committee on Foreign Relations of the Senate; ``(B) the Committee on Appropriations of the Senate; ``(C) the Committee on Foreign Affairs of the House of Representatives; and ``(D) the Committee on Appropriations of the House of Representatives.''. (c) Sense of Congress.--Title III of such Act is amended by adding at the end the following: ``SEC. 303. SENSE OF CONGRESS ON THE IMPORTANCE OF HUMAN RIGHTS IN IRAN. ``It is the sense of Congress that-- ``(1) there is a direct relationship between the state of freedom and democracy within Iran and the efforts of the current regime of Iran to acquire nuclear weapons and the long- term success of the global war on terror; and ``(2) it is essential that the issue of human rights violations in Iran should remain a top United States foreign policy priority, independent of efforts to address the nuclear threat in Iran. ``SEC. 304. ESTABLISHMENT OF REGIONAL FRAMEWORK. ``(a) Finding.--Congress finds that human rights initiatives can be undertaken on a multilateral basis, as demonstrated by the Organization for Security and Cooperation in Europe, which established a regional framework for discussing human rights, scientific and educational cooperation, and economic and trade issues. ``(b) Sense of Congress.--It is the sense of Congress that the United States Government should explore the possibility of a regional human rights dialogue on Iran that is modeled on the Helsinki process established by the Organization for Security and Cooperation in Europe, engaging all countries in the region in a common commitment to respect human rights and fundamental freedoms. ``SEC. 305. SENSE OF CONGRESS ON THE ROLE OF THE UNITED NATIONS. ``It is the sense of Congress that the United Nations has a significant role to play in promoting and improving human rights in Iran, and that-- ``(1) the United Nations General Assembly has taken positive steps by adopting Resolution 61/176, which expresses its grave concern over the deteriorating human rights situation in Iran; ``(2) the severe human rights violations in Iran warrant country-specific attention and reporting by the United Nations Working Group on Arbitrary Detention, the United Nations Working Group on Enforced and Involuntary Disappearances, the Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the Special Rapporteur on Freedom of Religion or Belief, and the Special Rapporteur on Violence Against Women; ``(3) United Nations member states should not support Iran as a member of the United Nations Human Rights Council until the Government of Iran has made significant progress in its human rights record, including the adherence to the Universal Declaration on Human Rights; and ``(4) the Special Envoy should work with the United Nations to compile accurate statistical data on social and political conditions inside Iran. ``SEC. 306. SENSE OF CONGRESS ON VISA POLICY. ``It is the sense of Congress that the commitment to human rights and democracy of a national of Iran who has applied for a visa to enter the United States should be considered when determining the eligibility of such national for the visa.''.", "summary": "Iran Human Rights Act of 2007 - Amends the Iran Freedom Support Act to direct the President to appoint a special envoy for human rights in Iran within the Department of State to coordinate efforts to improve respect for the fundamental human rights of the people of Iran and work with organizations committed to promoting democracy in Iran. Expresses the sense of Congress that: (1) there is a direct relationship between the state of freedom and democracy within Iran and the efforts of the Iranian regime to acquire nuclear weapons and the long-term success of the global war on terror; (2) it is essential that the issue of human rights violations in Iran should remain a top U.S. foreign policy priority independent of efforts to address the nuclear threat in Iran; (3) the U.S. government should explore the possibility of a regional human rights dialogue with Iran; (4) the United Nations has a significant role to play in improving human rights in Iran; and (5) the commitment to human rights and democracy of an Iranian national who has applied for a U.S. entry visa should be considered when determining visa eligibility."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Griffith Project Prepayment and Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Authority'' means the Southern Nevada Water Authority, organized under the laws of the State of Nevada. (2) The term ``Griffith Project'' means the Robert B. Griffith Water Project, authorized by and constructed pursuant to the Southern Nevada Water Project Act, Public Law 89-292, as amended (commonly known as the ``Southern Nevada Water Project Act'') (79 Stat. 1068), including pipelines, conduits, pumping plants, intake facilities, aqueducts, laterals, water storage and regulatory facilities, electric substations, and related works and improvements listed pursuant to ``Robert B. Griffith Water Project (Formerly Southern Nevada Water Project), Nevada: Southern Clark County, Lower Colorado Region Bureau of Reclamation'', on file at the Bureau of Reclamation and all interests in land acquired under Public Law 89-292, as amended. (3) The term ``Secretary'' means the Secretary of the Interior. (4) The term ``Acquired Land(s)'' means all interests in land, including fee title, right(s)-of-way, and easement(s), acquired by the United States from non-Federal sources by purchase, donation, exchange, or condemnation pursuant to Public Law 89-292, as amended for the Griffith Project. (5) The term ``Public Land'' means lands which have never left Federal ownership and are under the jurisdiction of the Bureau of Land Management. (6) The term ``Withdrawn Land'' means Federal lands which are withdrawn from settlement, sale, location of minerals, or entry under some or all of the general land laws and are reserved for a particular public purpose pursuant to Public Law 89-292, as amended, under the jurisdiction of the Bureau of Reclamation, or are reserved pursuant to Public Law 88-639 under the jurisdiction of the National Park Service. SEC. 3. CONVEYANCE OF GRIFFITH PROJECT. (a) In General.--In consideration of the Authority assuming from the United States all liability for administration, operation, maintenance, and replacement of the Griffith Project and subject to the prepayment by the Authority of the Federal repayment amount of $121,204,348 (which amount shall be increased to reflect any accrued unpaid interest and shall be decreased by the amount of any additional principal payments made by the Authority after September 15, 1999, prior to the date on which prepayment occurs), the Secretary shall, pursuant to the provisions of this Act-- (1) convey and assign to the Authority all of the right, title, and interest of the United States in and to improvements and facilities of the Griffith Project in existence as of the date of this Act; (2) convey and assign to the Authority all of the right, title, and interest of the United States to Acquired Lands that were acquired for the Griffith Project; and (3) convey and assign to the Authority all interests reserved and developed as of the date of this Act for the Griffith Project in lands patented by the United States. (b) Pursuant to the authority of this section, from the effective date of conveyance of the Griffith Project, the Authority shall have a right-of-way at no cost across all Public Land and Withdrawn Land-- (1) on which the Griffith Project is situated; and (2) across any Federal lands as reasonably necessary for the operation, maintenance, replacement, and repair of the Griffith Project, including existing access routes. Rights-of-way established by this section shall be valid for as long as they are needed for municipal water supply purposes and shall not require payment of rental or other fee. (c) Within twelve months after the effective date of this Act-- (1) the Secretary and the Authority shall agree upon a description of the land subject to the rights-of-way established by subsection (b) of this section; and (2) the Secretary shall deliver to the Authority a document memorializing such rights-of-way. (d) Report.--If the conveyance under subsection (a) has not occurred within twelve months after the effective date of this Act, the Secretary shall submit to Congress a report on the status of the conveyance. SEC. 4. RELATIONSHIP TO EXISTING CONTRACTS. The Secretary and the Authority may modify Contract No. 7-07-30- W0004 and other contracts and land permits as necessary to conform to the provisions of this Act. SEC. 5. RELATIONSHIP TO OTHER LAWS AND FUTURE BENEFITS. (a) If the Authority changes the use or operation of the Griffith Project, the Authority shall comply with all applicable laws and regulations governing the changes at that time. (b) On conveyance of the Griffith Project under section 3 of this Act, the Act of June 17, 1902 (43 U.S.C. 391 et seq.), and all Acts amendatory thereof or supplemental thereto shall not apply to the Griffith Project. Effective upon transfer, the lands and facilities transferred pursuant to this Act shall not be entitled to receive any further Reclamation benefits pursuant to the Act of June 17, 1902, and all Acts amendatory thereof or supplemental thereto attributable to their status as a Federal Reclamation Project, and the Griffith Project shall no longer be a Federal Reclamation Project. (c) Nothing in this Act shall transfer or affect Federal ownership, rights, or interests in Lake Mead National Recreation Area associated lands, nor affect the authorities of the National Park Service to manage Lake Mead National Recreation Area including lands on which the Griffith Project is located consistent with the Act of August 25, 1916 (39 Stat. 535), Public Law 88-639, October 8, 1964 (78 Stat. 1039), or any other applicable legislation, regulation, or policy. (d) Nothing in this Act shall affect the application of Federal reclamation law to water delivered to the Authority pursuant to any contract with the Secretary under section 5 of the Boulder Canyon Project Act. (e) Effective upon conveyance of the Griffith Project and acquired interests in land under section 3 of this Act, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence based on its prior ownership of the conveyed property. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Grants to the Authority at no cost a right-of-way across all public land and withdrawn land on which the Project is situated and across any Federal lands as reasonably necessary for the operation, maintenance, replacement, and repair of the Project, including existing access routes. Provides that such rights-of-way shall be valid for as long as they are needed for municipal water supply purposes and shall not require payment of rental or other fee. Requires the Secretary, if such conveyance has not occurred within 12 months after the effective date of this Act, to report on its status to Congress."}
{"article": "SECTION 1. DEFINITIONS. In this Act: (1) Route 66.--The term ``Route 66'' means-- (A) portions of the highway formerly designated as United States Route 66 that remain in existence as of the date of enactment of this Act; and (B) public and private land in the vicinity of the highway. (2) Preservation office.--The term ``Preservation Office'' means the Office for the Preservation of America's Main Street established by the Secretary under section 3. (3) Preservation of route 66.--The term ``preservation of Route 66'' means the preservation or restoration of portions of the highway, businesses and sites of interest or potentially of interest to the public along the highway, or other resources of the highway. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (5) State.--The term ``State'' means a State in which a portion of Route 66 is located. SEC. 2. DESIGNATION. Route 66 is designated as ``America's Main Street''. SEC. 3. MANAGEMENT. (a) Establishment of Office.--The Secretary shall establish an office, to be known as the ``Office for the Preservation of America's Main Street''. (b) Designation of Officials.--The Secretary shall designate officials of the National Park Service stationed at locations convenient to the States and interested persons in the States, to perform the functions of the Preservation Office under this Act. (c) General Functions.--The Preservation Office shall-- (1) support efforts of State and local public and private persons and entities in the States to preserve Route 66 by providing technical assistance, participating in cost-sharing programs, and making grants and loans; (2) act as a clearinghouse for communication among Federal, State, and local agencies and private persons and entities interested in the preservation of Route 66; and (3) assist the States in determining the appropriate form of and establishing and supporting a non-Federal entity or entities to perform the functions of the Preservation Office after the Preservation Office is terminated. (d) Authorities.--In carrying out this Act, the Preservation Office may-- (1) enter into cooperative agreements; (2) accept donations; (3) provide cost-share grants; (4) provide technical assistance in historic preservation and fundraising; and (5) conduct research. (e) Road Signs.--The Preservation Office shall sponsor a road sign program on Route 66 to be implemented on a cost-sharing basis with State and local organizations. (f) Preservation Assistance.-- (1) In general.--The Preservation Office shall provide assistance in the preservation of Route 66 in a manner that is compatible with the idiosyncratic nature of the highway. (2) Planning.--The Preservation Office shall not prepare or require preparation of an overall management plan for Route 66, but shall cooperate with the States and local public and private persons and entities in developing local preservation plans to guide efforts to protect the most important or representative resources of Route 66. SEC. 4. RESOURCE TREATMENT. (a) Technical Assistance Program.-- (1) In general.--The Preservation Office shall develop a program of technical assistance in the preservation of Route 66. (2) Guidelines for preservation needs.-- (A) In general.--As part of the program under paragraph (1), the Preservation Office shall establish guidelines for setting priorities for preservation needs. (B) Basis.--The guidelines under subparagraph (A) may be based on national register standards, modified as appropriate to meet the needs of Route 66 so as to allow for the preservation of the spirit of Route 66 by including more modern resources that are integral to the evolution of the Route 66 experience. (b) Program for Coordination of Activities.-- (1) In general.--The Preservation Office shall coordinate a program of historic research, curation, preservation strategies, and the collection of oral and video histories of Route 66. (2) Design.--The program under paragraph (1) shall be designed for continuing use and implementation by other organizations after the Preservation Office is terminated. (c) Cost-share Grants.--Cost-share grants for preservation of Route 66 shall be available for resources that meet the guidelines under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. SEC. 6. TERMINATION. The Preservation Office shall terminate on the date that is 10 years after the date of enactment of this Act.", "summary": "Designates portions of the highway formerly designated as U.S. Route 66 that remain in existence as \"America's Main Street.\" Directs the Secretary of the Interior to: (1) establish the Office for the Preservation of America's Main Street; and (2) designate National Park Service officials stationed at locations convenient to the States in which a portion of Route 66 is located and interested persons in such States to perform Office functions. Requires the Office to: (1) support efforts of State and local public and private persons and entities in such States to preserve Route 66 by providing technical assistance, participating in cost-sharing programs, and making grants and loans; (2) act as a clearinghouse for communication among Federal, State, and local agencies and private persons and entities interested in the preservation of Route 66; and (3) assist such States in determining the appropriate form of and establishing and supporting a non-Federal entity or entities to perform the Office's functions after it is terminated. Authorizes the Office to: (1) enter into cooperative agreements; (2) accept donations; (3) provide cost-share grants; (4) provide technical assistance in historic preservation and fundraising; and (5) conduct research. Requires the Office: (1) to sponsor a road sign program on Route 66 to be implemented on a cost-sharing basis with State and local organizations; (2) to provide assistance in the preservation of Route 66 that is compatible with the idiosyncratic nature of the highway; (3) not to prepare an overall management plan for Route 66, but to cooperate with the States and local public and private persons and entities in developing local preservation plans to guide efforts to protect the most important or representative resources of Route 66; (4) to develop a technical assistance program in the preservation of Route 66, including guidelines for setting priorities for preservation needs; and (5) to coordinate a program of historic research, curation, preservation strategies, and collection of oral and video histories of Route 66 designed for continuing use and implementation by other organizations after the Office is terminated. Makes available cost-share grants for the preservation of Route 66 for resources that meet the guidelines under the program. Authorizes appropriations. Terminates the Office ten years after the date of enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Camera Accountability Maintenance and Transparency in Policing Act of 2017'' or the ``CAM TIP Act of 2017''. SEC. 2. BODY-WORN CAMERA GRANTS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART MM--BODY-WORN CAMERA GRANTS ``SEC. 3031. IN GENERAL. ``From amounts made available to the Bureau of Justice Assistance, the Director of the Bureau of Justice Assistance may make grants to States, units of local government, and Indian tribes for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers. In making such grants, the Director shall assess the program proposed by the applicant for the elements described in section 3033. ``SEC. 3032. USES OF FUNDS. ``Grants awarded under this part shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the program described under section 3033. ``SEC. 3033. PROGRAM DESCRIBED. ``The program described in this section is any program implemented by a grantee requiring the use of body-worn cameras by law enforcement officers in that jurisdiction, which-- ``(1) establishes policies and procedures for when law enforcement officers should wear, activate, and deactivate body-worn cameras; ``(2) ensures the protection of the civil liberties of members of general public relating to the use of body-worn cameras by law enforcement officers; ``(3) establishes policies limiting the use of recordings of body-worn cameras to monitor the conduct of law enforcement officers outside of their interactions, in an official capacity, with members of the general public; ``(4) establishes or proposes to develop standards relating to the effective placement, on a law enforcement officer's body, of a body-worn camera; ``(5) describes the best practices for receiving an accurate narrative from the recordings of body-worn cameras; ``(6) establishes policies for the collection and storage of the recordings of body-worn cameras; ``(7) establishes policies relating to the availability of recordings of body-worn cameras-- ``(A) to the general public; ``(B) to victims of crimes; and ``(C) for internal use by the law enforcement agency; and ``(8) has in place guidelines and training courses for law enforcement officers relating to the proper management and use of body-worn cameras. ``SEC. 3034. MATCHING REQUIREMENTS. ``(a) Federal Share.--The portion of the costs of a program provided by a grant under this part may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(b) Non-Federal Share.--The non-Federal share of payments made under this part may be made in cash or in-kind fairly evaluated, including planned equipment or services. ``SEC. 3035. FUNDING. ``Grants under this part may be made using the funds that are available under section 506(a)(1).''. SEC. 3. STUDY ON THE COST OF THE PURCHASE AND USE OF BODY-WORN CAMERAS BY LAW ENFORCEMENT AGENCIES. (a) Study.--The Attorney General shall conduct a study on the cost to State and local law enforcement agencies of purchasing and using body-worn cameras or other similar cameras, including gun-mounted cameras. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report that contains the results of the study conducted under subsection (a). SEC. 4. ESTABLISHMENT OF TASK FORCE ON COMMUNITY POLICING AND BODY CAMERA ACCOUNTABILITY. There shall be established in the Department of Justice a task force to do the following: (1) The task force shall be created to provide recommendations on community policing, including best practices for creating accountability and transparency. (2) Not later than one year after the date of the enactment of this Act, the task force shall provide a report to the Congress, which shall include the recommendations under paragraph (1). (3) Membership shall include representatives of civil rights organizations, Federal, State, and local law enforcement personnel, and community policing experts. (4) The task force shall develop proper body-worn camera training protocol. (5) The task force shall study the impact that citizen review boards could have on investigating cases of alleged police misconduct. (6) Not later than 1 year after implementation of the body camera requirement policy under section 3033 of title I of the Omnibus Crime Control Act of 1968, the task force shall conduct a survey to determine best practices and effectiveness of the policy with findings to be reported back to the Congress. SEC. 5. GAO REPORT ON PENTAGON'S 1033 PROGRAM. Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the Department of Defense Excess Personal Property Program established pursuant to section 1033 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201), that includes information on-- (1) which jurisdictions equipment is sent to; (2) the value of equipment sent to each jurisdiction; (3) the level of training provided to officers; and (4) how the equipment is used in the jurisdiction.", "summary": "Camera Accountability Maintenance and Transparency in Policing Act of 2017 or the CAM TIP Act of 2017 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program for state, local, and tribal governments to acquire, operate, and maintain body-worn cameras for law enforcement officers. Additionally, it establishes a task force in the Department of Justice (DOJ) to provide recommendations on community policing, including best practices for accountability and transparency. DOJ must study the cost to purchase and use body-worn cameras. Finally, the Government Accountability Office must study and report on the Department of Defense Excess Personal Property Program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Corporate Governance Through Diversity Act of 2017''. SEC. 2. SUBMISSION OF DATA RELATING TO DIVERSITY BY CERTAIN CONTRACTORS. (a) In General.--Chapter 47 of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 4713. Submission of data relating to diversity by certain contractors. ``(a) Submission of Data.--In the case of the award of a contract in an amount of $5,000,000 or more to a covered contractor, the head of an executive agency shall require the contractor to submit, not later than 60 days after the award of the contract, the following: ``(1) Data on the racial, ethnic, and gender composition of the board of directors and the C-level executives of the covered contractor. ``(2) Data on the affiliation of any member of the board of directors or any C-level executive to a historically underrepresented group, including veterans of the Armed Forces and individuals with disabilities. ``(3) Any plan or strategy that exists on the date of the submission of data under this subsection to improve the diversity of the board of directors or the C-level executives of the covered contractor. ``(b) Reports.-- ``(1) Quarterly report to general services administration.--After the end of a calendar quarter, each executive agency shall submit to the Administrator of General Services a report that includes the data submitted by contractors under subsection (a) during the quarter covered. ``(2) Annual report to congress and offices of minority and women inclusion.-- ``(A) In general.--Not later than February 14 of each calendar year, the Administrator of General Services shall submit to Congress and each Office of Minority and Women Inclusion established under section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5452) an annual report that-- ``(i) includes the data submitted to the Administrator under paragraph (1) during the preceding calendar year and the data submitted under section 13(s) of the Securities Exchange Act of 1934; ``(ii) uses the data described in clause (i), as well as information from other reliable sources, to analyze the diversity of the board of directors and the C-level executives of each entity submitting data in comparison to the industry peers of such entity, including any trends and progress related to such diversity; and ``(iii) based on the analysis conducted under clause (ii), lists each entity submitting data that is significantly lagging behind the industry peers of such entity with respect to the diversity of the board of directors and the C-level executives. ``(B) Public availability.--The Administrator of General Services shall make publicly available each annual report submitted under subparagraph (A). ``(c) Public Comment.--After the end of the four-year period beginning on the date of the enactment of this section, and every four years thereafter, the Administrator of General Services shall review the implementation of the requirements of this section and provide an opportunity for public comment on such review. ``(d) Definitions.--In this section: ``(1) Covered contractor.--The term `covered contractor' means a for-profit business with annual gross receipts in excess of $1,000,000,000 during the year preceding the submission of a bid or proposal for a contract described in subsection (a). ``(2) C-level executive.--The term `C-level executive' means the most senior executive officer, information officer, technology officer, financial officer, compliance officer, or security officer of a covered contractor.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 47 of such title is amended by inserting after the item relating to section 4712 the following new item: ``4713. Submission of data relating to diversity by certain contractors.''. SEC. 3. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(s) Submission of Data Relating to Diversity.-- ``(1) Submission of data.--Each issuer required to file an annual report under subsection (a) shall disclose in that report, the following: ``(A) Data on the racial, ethnic, and gender composition of the board of directors and the C-level executives of the issuer. ``(B) Data on the affiliation of any member of the board of directors or any C-level executive of the issuer to a historically underrepresented group, including veterans of the Armed Forces and individuals with disabilities. ``(C) Any plan or strategy that exists on the date of the submission of data under this paragraph to improve the diversity of the board of directors or the C-level executives of the issuer. ``(2) C-level executive defined.--In this subsection, the term `C-level executive' means the most senior executive officer, information officer, technology officer, financial officer, compliance officer, or security officer of an issuer.''. (b) Corporate Governance Regulations.--Not later than 90 days after the date of the enactment of this Act, the Securities and Exchange Commission shall revise paragraph (v) of section 229.407(c)(2) of title 17, Code of Federal Regulations, to require that when the description described in such paragraph is presented in a proxy or information statement relating to the election of directors, the qualities and skills described in such paragraph, along with the nominee's gender, race, ethnicity, and affiliation with a historically underrepresented group should be presented in a chart or matrix form.", "summary": "Improving Corporate Governance Through Diversity Act of 2017 This bill directs executive agencies to require any covered contractor (a for-profit business with gross receipts exceeding $1 billion for the previous year) awarded a contract of $5 million or more to submit, within 60 days: data on the racial, ethnic, and gender composition of such contractor's board of directors and senior executives; data on the affiliation of any such board member or executive to a historically underrepresented group, including veterans and individuals with disabilities; and any plan or strategy to improve the diversity of such board members or executives. Each agency shall submit quarterly reports on such data to the General Services Administration, which shall report to Congress annually on the diversity of such contractor boards and executives. The Securities Exchange Act of 1934 is amended to require each issuer of a registered security to disclose such data, plan, and strategy in its required annual report. The Securities and Exchange Commission must revise corporate governance regulations to require that when the description is presented in a proxy or information statement relating to the election of directors, the nominee's qualities and skills, along with the nominee's gender, race, ethnicity, and affiliation with a historically underrepresented group, are presented in a chart or matrix form."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Mammography Coverage Act of 1993''. SEC. 2. COVERAGE OF SCREENING MAMMOGRAPHY UNDER MEDICAID. (a) In General.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), as amended by the Omnibus Budget Reconciliation Act of 1990, is amended-- (1) by striking ``and'' at the end of paragraph (21); (2) in paragraph (24), by striking the comma at the end and inserting a semicolon; (3) by redesignating paragraphs (22), (23), and (24) as paragraphs (21), (22), and (23), respectively, and by transferring and inserting paragraph (25) after paragraph (23), as so redesignated; and (4) by inserting after paragraph (23) the following new paragraph: ``(24) screening mammography (as defined in subsection (t)(1)) that meets the quality standards established under section 1834(c)(3), to the extent consistent with the frequency permitted under subsection (t)(2); and''. (b) Frequency of Coverage.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection: ``(t) Coverage of Screening Mammography.-- ``(1) Definition.--The term `screening mammography' means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(2) Frequency covered.-- ``(A) In general.--Subject to revision by the Secretary under subparagraph (B)-- ``(i) Medical assistance is not required to be made under this title for screening mammography performed on a woman under 35 years of age. ``(ii) Medical assistance is available under this title for only 1 screening mammography performed on a woman over 34 years of age, but under 40 years of age. ``(iii) In the case of a woman over 39 years of age, but under 50 years of age, who-- ``(I) is at a high risk of developing breast cancer (as determined pursuant to factors identified by the Secretary), medical assistance is not required to be made available under this title for a screening mammography performed within 11 months of a previous screening mammography, or ``(II) is not at a high risk of developing breast cancer, medical assistance is not required to be made available under this title for a screening mammography performed within 23 months of a previous screening mammography. ``(iv) In the case of a woman over 49 years of age, medical assistance is not required to be made available under this title for screening mammography performed within 11 months of a previous screening mammography. ``(B) Revision of frequency.-- ``(i) Review.--The Secretary, in consultation with the Director of the National Cancer Institute, shall review periodically appropriate frequency for performing screening mammography, based on age and such other factors as the Secretary believes to be pertinent. ``(ii) Revision of frequency.--The Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which medical assistance is required to be made available under this title, but no such revision shall apply to screening mammography performed before January 1, 1993.''. (c) Conforming Amendments.--(1) Section 1902(a)(10(A) of such Act (42 U.S.C. 1396a(a)(10)(A)) is amended by striking ``(17) and (21)'' and inserting ``(17), (21) and (24)''. (2) Section 1902(a)(10)(C)(iv) (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended-- (A) by striking ``(5) and (17)'' and inserting ``(5), (17), and (24)''; and (B) by striking ``through (21)'' and inserting ``through (24)''. (3) Section 1902(j) (42 U.S.C. 1396a(j)) is amended by striking ``through (22)'' and inserting ``through (24)''. (4) Sections 1916(a)(2)(D) and 1916(b)(2)(D) (42 U.S.C. 1396o(a)(2)(D), 1396o(b)(2)(D)) are each amended by inserting ``services described in section 1905(a)(24)'' before ``family planning services''. (d) Effective Date.--(1) Except as provided in paragraph (2), the amendments made by subsections (a), (b), and (c) shall apply to screening mammography performed on or after January 1, 1994, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.", "summary": "Medicaid Mammography Coverage Act of 1993 - Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of screening mammographies for women age 35 and older. Varies the permissible frequency of such covered tests on the basis of a woman's age and her risk of developing breast cancer. Directs the Secretary to periodically review and revise permissible frequencies of such tests."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Water Management Conservation and Efficiency Act of 2014''. SEC. 2. SMART WATER MANAGEMENT PILOT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a utility; (B) a municipality; (C) a water district; and (D) any other authority that provides drinking water, wastewater treatment, or water reuse services. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Smart water management pilot program.--The term ``smart water management pilot program'' or ``pilot program'' means the pilot program established under subsection (b). (b) Smart Water Management Pilot Program.-- (1) In general.--The Secretary shall establish and carry out a smart water management pilot program in accordance with this section. (2) Purpose.--The purpose of the smart water management pilot program is to award grants to eligible entities to demonstrate and deploy novel and innovative technology-based solutions that will-- (A) increase the energy and water efficiency of drinking water, wastewater treatment, and water reuse systems; (B) improve drinking water, water reuse, and wastewater treatment systems to help communities across the United States make significant progress in conserving water, saving energy, and reducing costs; and (C) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. (3) Project selection.-- (A) In general.--The Secretary shall make competitive, merit-reviewed grants under the pilot program to not less than 3, but not more than 5, eligible entities. (B) Selection criteria.--In selecting an eligible entity to receive a grant under the pilot program, the Secretary shall consider-- (i) energy and cost savings; (ii) the novelty of the technology to be used; (iii) the degree to which the project integrates next-generation sensors, software, analytics, and management tools; (iv) the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; (v) whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale; and (vi) whether the project will be completed in 5 years or less. (C) Applications.-- (i) In general.--Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary. (ii) Contents.--An application under clause (i) shall, at a minimum, include-- (I) a description of the project; (II) a description of the technology to be used in the project; (III) the anticipated results, including energy and water savings, of the project; (IV) a comprehensive budget for the project; (V) the names of the project lead organization and any partners; (VI) the number of users to be served by the project; and (VII) any other information that the Secretary determines to be necessary to complete the review and selection of a grant recipient. (4) Administration.-- (A) In general.--Not later than 300 days after the date of enactment of this Act, the Secretary shall select grant recipients under this section. (B) Evaluations.--The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that-- (i) evaluates the progress and impact of the project; and (ii) assesses the degree to which the project is meeting the goals of the pilot program. (C) Technical assistance.--On the request of a grant recipient, the Secretary shall provide technical assistance. (D) Best practices.--The Secretary shall make available to the public-- (i) a copy of each evaluation carried out under subparagraph (B); and (ii) a description of any best practices identified by the Secretary as a result of those evaluations. (E) Report to congress.--The Secretary shall submit to Congress a report containing the results of each evaluation carried out under subparagraph (B). (c) Funding.-- (1) In general.--The Secretary shall use not less than $7,500,000 of amounts made available to the Secretary to carry out this section. (2) Prioritization.--In funding activities under this section, the Secretary shall prioritize funding in the following manner: (A) Any unobligated amounts made available to the Secretary to carry out the activities of the Energy Efficiency and Renewable Energy Office. (B) Any unobligated amounts (other than those described in subparagraph (A)) made available to the Secretary.", "summary": "Smart Water Management Conservation and Efficiency Act of 2014 - Directs the Secretary of Energy (DOE) to establish and carry out a smart water management pilot program to award grants to three to five eligible entities (authorities that provide drinking water, wastewater treatment, or water reuse services) to demonstrate and deploy novel and innovative technology-based solutions that will: (1) increase the energy and water efficiency of drinking water, wastewater treatment, and water reuse systems; (2) improve such systems to help communities make significant progress in conserving water, saving energy, and reducing costs; and (3) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. Directs the Secretary, in selecting grant recipient, to consider: energy and cost savings; the novelty of the technology to be used; the degree to which the project integrates next-generation sensors, software, analytics, and management tools; the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale; and whether the project will be completed in five years or less. Requires the Secretary to evaluate, annually, each project for which a grant is provided and make best practices identified available to the public."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Incentive Access Act of 2002''. SEC. 2. INCENTIVE PAYMENT IN MEDICARE HEALTH PROFESSIONAL SHORTAGE AREAS DEMONSTRATION PROJECT. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``incentive payments in medicare health professional shortage areas demonstration project ``Sec. 1897. (a) Establishment.-- ``(1) In general.--The Secretary shall establish a demonstration project under which-- ``(A) pursuant to paragraph (3), the Secretary designates areas in a State selected under paragraph (5) as medicare health professional shortage areas; and ``(B) an incentive payment is provided under part B to primary care physicians for each physician's service (as defined in section 1861(q)) that is furnished in a medicare health professional shortage area to an individual enrolled under such part. ``(2) Primary care physician defined.--For purposes of this section, the term `primary care physician' has the meaning given such term for purposes of designating health professional shortage areas under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a)). ``(3) Designation of areas.--The Secretary shall designate an area in a State selected under paragraph (5) as a medicare health professional shortage area if the Secretary determines, using the methodology established under subsection (b)(1)(B), that individuals enrolled under part B and residing in the area have inadequate access to primary care physicians. ``(4) Terms and conditions.-- ``(A) Incentive payment in addition to payment otherwise made.-- ``(i) In general.--Subject to clause (ii), the incentive payment made under the demonstration project for a physician's service shall be in addition to the amount otherwise made for the service under part B. ``(ii) No payments under the incentive payment program in a demonstration state during operation of the demonstration program.-- Subject to subparagraph (D), notwithstanding section 1833(m), during the operation of the demonstration project in a State selected under paragraph (5), the Secretary may not make any incentive payment to any physician under such section for any service furnished in any part of such State, regardless of-- ``(I) whether the physician is eligible for bonus payments under the demonstration program; and ``(II) where the service was furnished in the State. ``(B) Amount of incentive payment.--The amount of the incentive payment for a physician's service furnished under the demonstration project shall be an amount equal to 40 percent of the payment amount for the service under part B. ``(C) No effect on amount of coinsurance an individual is required to pay.--The amount of any coinsurance that an individual enrolled under part B is responsible for paying with respect to a physicians' service furnished to the individual shall be determined as if this section had not been enacted. ``(D) No effect on payments to critical access hospitals.--The amount of payment for outpatient critical access services of a critical access hospital under section 1834(g) shall be determined as if this section had not been enacted. ``(5) Demonstration sites.--The Secretary shall conduct the demonstration project in 5 States selected by the Secretary as demonstration sites. ``(6) Automation of incentive payments.-- ``(A) In general.--Under the demonstration project, incentive payments under paragraph (1)(B) to a primary care physician shall be made automatically to the physician rather than the physician being responsible for determining when a payment is required to be made under that paragraph. ``(B) Incentive payment based on zip codes.--In order to comply with subparagraph (A), the Secretary shall establish procedures in which the amount of payment otherwise made for a physician's service is automatically increased by the amount of the incentive payment under the demonstration project if the service was furnished in any zip code that is entirely or partially in a designated medicare health professional shortage area in a State selected under paragraph (5). ``(7) Duration.--The demonstration project shall be conducted for a 3-year period. The period for establishing the methodology under subsection (b) shall not be counted for purposes determining such 3-year period. ``(b) Establishment of Methodology for Assisting Secretary in Designating Medicare Health Professional Shortage Areas.-- ``(1) In general.--The Secretary shall select 1 or more Federal rural health research centers within the Health Resources Services Administration to establish a methodology to assist the Secretary in designating areas within the States selected under subsection (a)(5) as medicare health professional shortage areas pursuant to subsection (a)(3). ``(2) Rules for establishing methodology.-- ``(A) In general.--The methodology established under paragraph (1) shall address-- ``(i) how to measure the percentage of the total population in an area that consists of individuals enrolled under part B; and ``(ii) the appropriate ratio of such individuals to primary care physicians in an area in order to ensure that such individuals have adequate access to services furnished by such physicians. ``(B) Methodology may be similar to methodologies used under the public health service act.--The methodology established under paragraph (1) may be similar to methodologies utilized by the Secretary for designating areas, and population groups within areas, as health professional shortage areas under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a)). ``(C) Consultation.--The Federal rural health research centers selected under paragraph (1) shall consult with the State and local medical societies of the States selected under subsection (a)(5) in establishing the methodology under paragraph (1). ``(c) No Effect on Designation as a Health Professional Shortage Area.--Except as provided in subsection (a)(4)(A)(ii), the designation of an area as a medicare health professional shortage area under subsection (a)(3) shall have no effect on the designation of such area as a health professional shortage area under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a)). ``(d) Waiver Authority.--The Secretary may waive such requirements of title XI and this title as may be necessary for the purpose of carrying out the demonstration project. ``(e) Report.-- ``(1) In general.--Not later than 6 months after the completion of the demonstration project, the Secretary shall submit to Congress a report on such project. ``(2) Contents.--The report submitted under paragraph (1) shall contain-- ``(A) an evaluation of whether the demonstration project has had the effect of stabilizing, maintaining, or increasing access of individuals enrolled under part B to physicians' services furnished by primary care physicians, including whether the amount of the incentive payment is adequate to stabilize, maintain, or increase such access and if not, then what amount will; ``(B) a comparison of the effectiveness of the demonstration project in stabilizing, maintaining, or increasing such access with the effectiveness of other Federal, State, and local programs, such as the incentive program under section 1833(m), that are designed to stabilize, maintain, or increase such access; ``(C) recommendations for such legislation and administrative actions as the Secretary considers appropriate; and ``(D) any other items that the Secretary considers appropriate. ``(f) Funding.-- ``(1) Incentive payments.--The Secretary shall use funds in the Federal Supplementary Medical Insurance Trust Fund under section 1841 to make the incentive payments under this section. ``(2) Establishment of methodology.-- ``(A) In general.--There is authorized to be appropriated $6,000,000 to establish the methodology under subsection (b)(1). ``(B) Availability.--Any amounts appropriated pursuant to subparagraph (A) shall remain available until expended.''.", "summary": "Medicare Incentive Access Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) part B (Supplementary Medical Insurance) to establish a three-year demonstration project under which the Secretary of Health and Human Services shall: (1) select one or more Federal rural health research centers within the Health Resources Services Administration to develop a methodology for designating Medicare health professional shortage areas; (2) select five States as demonstration sites and designate Medicare health professional shortage areas in them; and (3) provide incentive payments to primary care physicians to service those shortage areas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Salvadoran Families Together Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS. (a) In General.--Title II of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 244 the following: ``SEC. 244A. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS. ``(a) In General.--The status of any alien described in subsection (c) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- ``(1) applies for such adjustment within 3 years after the date of the enactment of this section; ``(2) is determined to be admissible to the United States for permanent residence; and ``(3) meets the criteria established under subsection (c). ``(b) Certain Grounds for Inadmissability Inapplicable.-- ``(1) In general.--For purposes of determining admissibility under subsection (a)(2), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. ``(2) Additional waiver for individual aliens.--The Secretary may waive any other provision of section 212(a) in the case of an individual alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. ``(c) Aliens Eligible for Adjustment of Status.--An alien shall be eligible for adjustment of status if the alien-- ``(1) is a national of El Salvador who was granted temporary protected status, or was otherwise eligible for temporary protected status, on or before the date of the enactment of this section; and ``(2) has been continuously physically present in the United States for a period of not less than 3 years before the date of the enactment of this section. ``(d) Waiver Authorized.--Notwithstanding any provision of this Act, an alien who fails to meet the continuous physical presence requirement under paragraph (2) of subsection (c) shall be considered eligible for status adjustment as provided in this section if the Attorney General or the Secretary determines that the removal of the alien from the United States would result in extreme hardship to the alien, their spouse, their children, their parents, or their domestic partner. ``(e) Effect of Application on Certain Orders.--An alien present in the United States who has been ordered removed or has been granted voluntary departure from the United States may, notwithstanding such order, apply for adjustment of status under this section. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal shall be effective and enforceable to the same extent as if the application had not been made. ``(f) Work Authorization.--The Secretary shall authorize an alien who has applied for adjustment of status under this section to engage in employment in the United States during the pendency of such application and shall provide the alien with an appropriate document signifying authorization of employment. ``(g) Adjustment of Status for Certain Family Members.-- ``(1) In general.--The status of an alien shall be adjusted by the Secretary to that of an alien lawfully admitted for permanent residence if the alien-- ``(A) is the spouse, parent, or unmarried son or daughter of an alien whose status is adjusted under this section; ``(B) applies for adjustment under this section within 3 years after the date of the enactment of this section; and ``(C) is determined to be admissible to the United States for permanent residence. ``(2) Certain grounds for inadmissibility inapplicable.-- For purposes of determining admissibility under subsection (g)(1)(C), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall not apply. ``(h) Availability of Administrative Review.--The Secretary shall provide to aliens applying for adjustment of status under this section the same right to, and procedures for, administrative review as are provided to-- ``(1) applicants for adjustment of status under section 245; and ``(2) aliens subject to removal proceedings under section 240. ``(i) No Offset in Number of Visas Available.--The granting of adjustment of status under this section shall not reduce the number of immigrant visas authorized to be issued under any provision of this Act. ``(j) Treatment of Brief, Casual, and Innocent Departures and Certain Other Absences.--An alien who has failed to maintain the 3-year continuous physical presence requirement under subsection (c) because of brief, casual, and innocent departures or, emergency travel, or extenuating circumstances outside of the control of the alien, shall not be considered to have failed to maintain continuous physical presence in the United States. ``(k) Definition.--In this section, the term `domestic partner' means an adult of at least 18 years of age in a committed relationship with an alien applying for adjustment of status under this section. A committed relationship is one in which the employee and the domestic partner of the employee are each other's sole domestic partner (and are not married to or domestic partners with anyone else) and share responsibility for a significant measure of each other's common welfare and financial obligations. This includes any relationship between two individuals of the same or opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or analogous relationship (including a civil union).''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 244 the following: ``Sec. 244A. Adjustment of status for certain nationals of El Salvador granted or eligible for temporary protected status.''. SEC. 3. ADJUSTMENT OF RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS TO CANCELLATION OF REMOVAL. Section 244(e) of the Immigration and Nationality Act (8 U.S.C. 1254a(e)) is amended-- (1) by striking ``With respect to an alien'' and inserting the following: ``(1) In general.--With respect to an alien''; and (2) by adding at the end the following: ``(2) Waiver for certain temporary protected status holders.--The provisions in subsection (e) shall not apply to an alien who is eligible for adjustment of status pursuant to section 244A.''. SEC. 4. ELIGIBILITY FOR NATURALIZATION. (a) In General.--Notwithstanding sections 319(b), 328, and 329 of the Immigration and Nationality Act (8 U.S.C. 1430(b), 1439, and 1440), an alien whose status is adjusted under section 244A of the Immigration and Nationality Act, as added by section 2 of this Act, to that of an alien lawfully admitted for permanent residence may apply for naturalization under chapter 2 of title III of the Immigration and Nationality Act (8 U.S.C. 1421 et seq.) not earlier than 5 years after such adjustment of status. (b) Language Requirement Waiver.--Section 312(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1423(b)(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``334, either--'' and inserting ``334--''; (2) in subparagraph (A), by striking ``, or'' at the end and inserting a semicolon; (3) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(C) is an alien who received adjustment of status under section 244A.''.", "summary": "Keeping Salvadoran Families Together Act This bill amends the Immigration and Nationality Act to permit an alien who is a national of El Salvador in temporary protected status (TPS) to apply for legal permanent resident status if such alien: is eligible for permanent resident status, applies for adjustment within three years, was granted or was eligible for TPS status, and has been continuously physically present in the United States for at least three years. (TPS designations permit eligible nationals of designated counties affected by armed conflict or natural disasters to temporarily reside and work in the United States.) The bill: waives certain grounds of inadmissibility; authorizes the waiver of the continuous physical presence requirement if an alien's removal would cause extreme hardship to the alien or to the alien's spouse, children, parents, or domestic partner; authorizes an alien who has applied for status adjustment to work; and authorizes an alien who has been ordered removed or granted voluntary departure to apply for status adjustment. An alien's spouse, parent, or unmarried child shall have his or her status adjusted to legal permanent resident if such person is eligible for status adjustment and applies within three years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Beginning Farmers and Ranchers Tax Incentive Act of 2003''. SEC. 2. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by adding after section 121 the following new section: ``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF QUALIFIED FARM PROPERTY. ``(a) Exclusion.--In the case of a natural person, gross income shall not include-- ``(1) 100 percent of the gain from the sale or exchange of qualified farm property to a first-time farmer (as defined in section 147(c)(2)(C) (determined without regard to clause (i)(II) thereof)) who certifies that the use of such property shall be as a farm for farming purposes for not less than 10 years after such sale or exchange, ``(2) 50 percent of the gain from the sale or exchange of qualified farm property to any other person who certifies that the use of such property shall be as a farm for farming purposes for not less than 10 years after such sale or exchange, and ``(3) 25 percent of the gain from the sale or exchange of qualified farm property to any other person for any other use. ``(b) Limitation on Amount of Exclusion.-- ``(1) In general.--The amount of gain excluded from gross income under subsection (a) with respect to any taxable year shall not exceed $500,000 ($250,000 in the case of a married individual filing a separate return), reduced by the aggregate amount of gain excluded under subsection (a) for all preceding taxable years. ``(2) Special rule for joint returns.--The amount of the exclusion under subsection (a) on a joint return for any taxable year shall be allocated equally between the spouses for purposes of applying the limitation under paragraph (1) for any succeeding taxable year. ``(c) Qualified Farm Property.-- ``(1) Qualified farm property.--For purposes of this section, the term `qualified farm property' means real property located in the United States if, during periods aggregating 3 years or more of the 5-year period ending on the date of the sale or exchange of such real property-- ``(A) such real property was used as a farm for farming purposes by the taxpayer or a member of the family of the taxpayer, and ``(B) there was material participation by the taxpayer (or such a member) in the operation of the farm. ``(2) Definitions.--For purposes of this subsection, the terms `member of the family', `farm', and `farming purposes' have the respective meanings given such terms by paragraphs (2), (4), and (5) of section 2032A(e). ``(3) Special rules.--For purposes of this section, rules similar to the rules of paragraphs (4) and (5) of section 2032A(b) and paragraphs (3) and (6) of section 2032A(e) shall apply. ``(d) Other Rules.--For purposes of this section, rules similar to the rules of subsection (e) and subsection (f) of section 121 shall apply. ``(e) Treatment of Disposition or Change in Use of Property.-- ``(1) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any qualified farm property transferred to the taxpayer in a sale or exchange described in paragraph (1) or (2) of subsection (a), then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) 10 percent of the taxpayer's adjusted basis in the property on the date such property was transferred to the taxpayer. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: ``If the recapture event occurs in: The applicable recapture percentage is: Years 1 through 5.................... 100 Year 6............................... 80 Year 7............................... 60 Year 8............................... 40 Year 9............................... 20 Years 10 and thereafter.............. 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the date of the sale or exchange described in paragraph (1) or (2) of subsection (a). ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) Cessation of operation.--The cessation of the operation of any property the sale or exchange of which to the taxpayer is described in paragraph (1) or (2) of subsection (a) as a farm for farming purposes. ``(B) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of a taxpayer's interest in any property the sale or exchange of which to the taxpayer is described in paragraph (1) or (2) of subsection (a). ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply if the person acquiring such interest in the property agrees in writing to assume the recapture liability of the person disposing of such interest in effect immediately before such disposition. In the event of such an assumption, the person acquiring the interest in the property shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(4) Special rules.-- ``(A) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(B) No recapture by reason of hardship.--The increase in tax under this subsection shall not apply to any disposition of property or cessation of the operation of any property as a farm for farming purposes by reason of any hardship as determined by the Secretary.''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 121 the following new item: ``Sec. 121A. Exclusion of gain from sale of qualified farm property.''. (c) Effective Date.--The amendment made by this section shall apply to any sale or exchange on or after the date of the enactment of this Act, in taxable years ending after such date.", "summary": "Beginning Farmers and Ranchers Tax Incentive Act of 2003 - Amends the Internal Revenue Code to exclude from gross income: (1) 100 percent of the gain from the sale or exchange of qualified farm property to a first-time farmer who certifies that the use of such property shall be as a farm for farming purposes for not less than 10 years after such sale or exchange; (2) 50 percent of the gain from the sale or exchange of qualified farm property to any other person who certifies that the use of such property shall be as a farm for farming purposes for not less than 10 years after such sale or exchange; and (3) 25 percent of the gain from the sale or exchange of qualified farm property to any other person for any other use. Limits the amount of any of the above exclusions with respect to any taxable year to $500,000 on a joint return."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Relief Act of 2007''. SEC. 2. WORK OPPORTUNITY CREDIT MADE PERMANENT. (a) In General.--Subsection (c) of section 51 of the Internal Revenue Code of 1986 is amended by striking paragraph (4). (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 3. NEW MARKETS TAX CREDIT MADE PERMANENT. (a) In General.--Subparagraph (D) of section 45D(f)(1) of the Internal Revenue Code of 1986 (relating to national limitation on amount of investments designated) is amended by striking ``for 2006, 2007, and 2008'' and inserting ``for 2006 and each calendar year thereafter''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 4. QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY AND QUALIFIED RESTAURANT PROPERTY TREATED AS 15-YEAR PROPERTY. (a) In General.--Clauses (iv) and (v) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 are each amended by striking ``placed in service before January 1, 2008''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2007. SEC. 5. RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (b) Conforming Amendment.--Section 45C(b)(1) of such Code (relating to qualified clinical testing expenses) is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2007. SEC. 6. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS. (a) In General.--Section 198 is amended by striking subsection (h). (b) Effective Date.--The amendment made by this section shall apply to expenditures paid or incurred after December 31, 2007. SEC. 7. INCREASE IN EXCLUSION OF GAIN FROM QUALIFIED SMALL BUSINESS STOCK. (a) In General.--Paragraph (1) of section 1202(a) of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' and inserting ``62.5 percent''. (b) Empowerment Zone Businesses.--Subparagraph (A) of section 1202(a)(2) is amended-- (1) by striking ``60 percent'' and inserting ``75 percent'', and (2) by striking ``50 percent'' and inserting ``62.5 percent''. (c) Effective Date.--The amendments made by this section shall apply to sales or exchanges of qualified small business stock in taxable years beginning after the date of the enactment of this Act. SEC. 8. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A MONTH FROM APRIL TO NOVEMBER. (a) In General.--Part I of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to accounting periods) is amended by inserting after section 444 the following new section: ``SEC. 444A. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A MONTH FROM APRIL TO NOVEMBER. ``(a) General Rule.--A qualified small business may elect to have a taxable year, other than the required taxable year, which ends on the last day of any of the months of April through November (or at the end of an equivalent annual period (varying from 52 to 53 weeks)). ``(b) Years for Which Election Effective.--An election under subsection (a)-- ``(1) shall be made not later than the due date (including extensions thereof) for filing the return of tax for the first taxable year of the qualified small business, and ``(2) shall be effective for such first taxable year or period and for all succeeding taxable years of such qualified small business until such election is terminated under subsection (c). ``(c) Termination.-- ``(1) In general.--An election under subsection (a) shall be terminated on the earliest of-- ``(A) the first day of the taxable year following the taxable year for which the entity fails to meet the gross receipts test, ``(B) the date on which the entity fails to qualify as an S corporation, or ``(C) the date on which the entity terminates. ``(2) Gross receipts test.--For purposes of paragraph (1), an entity fails to meet the gross receipts test if the entity fails to meet the gross receipts test of section 448(c). ``(3) Effect of termination.--An entity with respect to which an election is terminated under this subsection shall determine its taxable year for subsequent taxable years under any other method that would be permitted under subtitle A. ``(4) Income inclusion and deduction rules for period after termination.--If the termination of an election under paragraph (1)(A) results in a short taxable year-- ``(A) items relating to net profits for the period beginning on the day after its last fiscal year-end and ending on the day before the beginning of the taxable year determined under paragraph (4) shall be includible in income ratably over the succeeding 4 taxable years, or (if fewer) the number of taxable years equal to the fiscal years for which the election under this section was in effect, and ``(B) items relating to net losses for such period shall be deductible in the first taxable year after the taxable year with respect to which the election terminated. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified small business.--The term `qualified small business' means an entity-- ``(A)(i) for which an election under section 1362(a) is in effect for the first taxable year or period of such entity and for all subsequent years, or ``(ii) which is treated as a partnership for the first taxable year or period of such entity for Federal income tax purposes, ``(B) which conducts an active trade or business or which would qualify for an election to amortize start- up expenditures under section 195, and ``(C) which is a start-up business. ``(2) Start-up business.--For purposes of paragraph (1)(C), an entity shall be treated as a start-up business so long as not more than 75 percent of the entity is owned by any person who previously conducted a similar trade or business at any time within the 1-year period ending on the date on which such entity is formed. For purposes of the preceding sentence, a person and any other person bearing a relationship to such person specified in section 267(b) or 707(b)(1) shall be treated as one person, and sections 267(b) and 707(b)(1) shall be applied as if section 267(c)(4) provided that the family of an individual consists of the individual's spouse and the individual's children under the age of 21. ``(3) Required taxable year.--The term `required taxable year' has the meaning given to such term by section 444(e). ``(e) Tiered Structures.--The Secretary shall prescribe rules similar to the rules of section 444(d)(3) to eliminate abuse of this section through the use of tiered structures.''. (b) Conforming Amendment.--Section 444(a)(1) of such Code is amended by striking ``section,'' and inserting ``section and section 444A''. (c) Clerical Amendment.--The table of sections for part I of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 444 the following new item: ``444A. Qualified small businesses election of taxable year ending in a month from April to November.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 9. INCREASE IN MAXIMUM NUMBER OF S CORPORATION SHAREHOLDERS. (a) In General.--Subparagraph (A) of section 1361(b)(1) is amended by striking ``100'' and inserting ``150''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 10. GOVERNMENT CONTRACTS WITH SMALL BUSINESSES NOT SUBJECT TO TAX WITHHOLDING. (a) In General.--Paragraph (2) of section 3402(t) is amended by striking ``and'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(J) to any specified small business.''. (b) Specified Small Business.--Subsection (t) of section 3402 is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Specified small business.--For purposes of this subsection, the term `specified small business' means a corporation or partnership which meets the gross receipts test of section 448(c) for the taxable year prior to the taxable year in which the payment is received (or, in the case of a sole proprietorship, which would meet such test if such proprietorship were a corporation).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in section 511 of the Tax Increase Prevention and Reconciliation Act of 2005.", "summary": "Small Business Tax Relief Act of 2007 - Amends the Internal Revenue Code to: (1) make permanent the work opportunity tax credit, the new markets tax credit, and the tax credit for increasing research activities; (2) make permanent accelerated depreciation of qualified leasehold improvement and restaurant property and expensing of environmental remediation expenditures; (3) increase the partial tax exclusion of gain from sales of certain small business stock for noncorporate business taxpayers and businesses in an empowerment zone; (4) permit certain small businesses to elect taxable years ending between April and November; (5) increase the allowable number of S corporation shareholders from 100 to 150; and (6) exempt certain small businesses from the 3% withholding requirement applicable to payments made to such businesses by government entities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``College Research Education and Teacher Excellence (CREATE) Opportunity Act of 2012''. TITLE I--RESEARCH CREDIT MADE PERMANENT AND OTHER MODIFICATIONS SEC. 101. RESEARCH CREDIT MADE PERMANENT AND OTHER MODIFICATIONS. (a) Credit Made Permanent.-- (1) In general.--Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (2) Conforming amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (b) Increased Percentage of Contract Research Expenses Paid to Colleges and Universities.--Paragraph (3) of section 41(b) of such Code is amended by adding at the end the following new subparagraph: ``(E) Amounts paid to colleges and universities.-- In the case of amounts paid for qualified research by the taxpayer to an institution of higher education (as defined in section 3304(f))-- ``(i) subparagraph (A) shall be applied by substituting `100 percent' for `65 percent', and ``(ii) subparagraphs (C) and (D) shall not apply.''. (c) Research in Social Sciences Included in Qualified Research.-- Subparagraph (G) of section 41(d)(6) of such Code is amended-- (1) by striking ``social sciences, arts,'' in the text and inserting ``arts'', and (2) by striking ``Social sciences, etc'' in the heading and inserting ``Arts and humanities''. (d) Effective Date.--The amendment made by subsection (a) shall apply to amounts paid or incurred after December 31, 2011. TITLE II--YEAR-ROUND PELL GRANTS SEC. 201. AMENDMENTS. Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) is amended-- (1) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and (2) by inserting after paragraph (4), the following new paragraph: ``(5)(A) In the case of a student attending a junior or community college (as defined in section 312(f)), the Secretary shall award the student not more than two Federal Pell Grants during a single award year to permit such student to accelerate the student's progress toward a degree or certificate if the student is enrolled-- ``(i) on at least a half-time basis for a period of more than one academic year, or more than two semesters or an equivalent period of time, during a single award year; and ``(ii) in a program of instruction at the junior or community college for which the college awards an associate degree or a certificate. ``(B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year.''. SEC. 202. CONFORMING CHANGE. Section 401(b)(2)(A)(ii) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(A)(ii)) is amended by striking ``paragraph (7)(B)'' and inserting ``paragraph (8)(B)''. SEC. 203. EFFECTIVE DATE. The amendments made by section 201 shall be effective for award year 2013-2014 and each succeeding award year. TITLE III--AMENDMENTS TO THE TEACH GRANT PROGRAM SEC. 301. AMENDMENTS. Section 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g- 2) is amended-- (1) by amending subsection (b)(2) to read as follows: ``(2) in the event that the applicant is determined to have failed or refused to comply with all or part of such service obligation, at least a portion of the amount of any TEACH Grants received by such applicant will be treated as a loan and collected from the applicant in accordance with subsection (c) and the regulations thereunder; and''. (2) by amending subsection (c) to read as follows: ``(c) Repayment for Inability To Complete Service.--In the event that a recipient of a grant under this subpart fails or refuses to comply with all or part of the recipient's service obligation in the agreement under subsection (b) and is not excused from fulfilling that portion of the service obligation under subsection (d)(2), the sum of the amounts of any TEACH Grants received by such recipient shall, upon a determination of such a failure or refusal in such service obligation, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV, and shall be subject to repayment, together with interest thereon accruing from the date of the grant award, but only in proportion to the degree to which the recipient fails or refuses to comply with such service obligation and in accordance with terms and conditions specified by the Secretary in regulations under this subpart.''. SEC. 302. EFFECTIVE DATE. The amendments made by section 301 shall apply to TEACH grants awarded for academic year 2013-2014 and each succeeding academic year.", "summary": "College Research Education and Teacher Excellence (CREATE) Opportunity Act of 2012 - Amends the Internal Revenue Code to make the research tax credit permanent. Makes 100% of a taxpayer's expenditures for qualified research at an institution of higher education eligible for the research tax credit. (Currently, 65% of those expenditures are eligible.) Considers research in the social sciences to be qualified research, eligible for the research tax credit. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow the Secretary of Education to award a student two Pell Grants during a single award year if the student is enrolled in an associate degree or certificate program at a junior or community college on at least a half-time basis for the equivalent of more than one academic year during the Pell Grant award year. Treats a Teacher Education Assistance for College and Higher Education (TEACH) Grant as a Direct Unsubsidized Stafford Loan only in proportion to the extent to which its recipient fails to comply with the Grant's service obligation. (TEACH Grants are provided to students who agree to teach for four years in a high-need field at an elementary or secondary school that serves a high number or percentage of low-income students.)"}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Prescription Drug Price Monitoring Commission Act of 1998''. (b) Findings.--The Congress finds the following: (1) Although prescription drugs represent one of the most frequently used medical care interventions in treating common acute and chronic diseases, many Americans, especially elderly and other vulnerable populations, are unable to afford necessary medications because of excessive and persistent prescription drug price inflation. (2) Between 1981 and 1998, the rate of inflation for prescription drugs has increased at over 2.5 times the general rate of inflation. (3) Because of the limited availability of private or public prescription drug coverage for the elderly, prescription drugs represent the highest out-of-pocket medical care cost for 75 percent of elderly patients, surpassed only by costs of long-term care services. (4) The Federal Government and the American taxpayer provide substantial subsidies to the pharmaceutical industry in the form of tax incentives, tax write-offs, and grants for nonresearch activities. (5) According to the most current edition of the Internal Revenue Service Corporation Source Book of Statistics of Income, the 1994-95 edition, the pharmaceutical industry claimed $6,061,807,000 in deductions for advertising and marketing of their products. (6) The statistic described in paragraph (5) is not indicative of the current amounts deducted by prescription drug manufacturers, since the Food and Drug Administration Reform Act of 1996, effective taxable year 1996, substantially expanded the advertising activities the costs of which are deductible by the pharmaceutical industry. (7) According to the Internal Revenue Service Corporation Source Book of Statistics of Income, the pharmaceutical industry claimed $2,115,690,000 in tax credits to locate their production facilities in United States possessions. (8) There is a need to determine whether Federal subsidies are used in the most efficient manner by the pharmaceutical industry to develop drugs which represent true therapeutic advances over those products already on the market. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Prescription Drug Price Monitoring Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. (a) Studies.--The Commission shall conduct the following studies: (1) A study of the impact of a pharmaceutical price review board on containing inflation on the cost of prescription pharmaceutical products in the United States. (2) A study on how Federal tax credits and subsidies, as well as market exclusivity given to the pharmaceutical industry, can be used to modify an individual manufacturer's pricing behavior and research priorities. (3) A study on drug prices in other industrialized nations. (4)(A) A study on the feasibility of establishing in the United States a pharmaceutical products price review board. (B) In conducting the study under subparagraph (A), the Commission shall-- (i) assess the impact of such a board in other industrialized nations, such as Canada, on containing the costs of prescription drugs and the introductory prices of new drugs; (ii) recommend how such a board might operate in the United States, including the membership of the Board; (iii) recommend guidelines that might be used by the board in determining whether prices or price increases for prescription drugs are excessive and whether the introductory prices of new drugs are excessive; and (iv) recommend incentives for drug manufacturers to price their products fairly in the United States, including a system of compulsory licensing of pharmaceutical products or a reduction in the period of market exclusivity as a penalty for excessive inflation. (b) Reports.-- (1) Annual reports.--The Commission shall submit to the Congress an annual report (by not later than January 1 of each year beginning with 1999) which shall include information and recommendations regarding national and international drug policy issues, such as-- (A) trends and changes in prices for prescription and nonprescription drugs in the inpatient and outpatient setting in the United States; (B) trends and changes in prices for prescription drugs in other industrialized nations, such as Canada, Japan, Mexico, and countries of the European Union; (C) the scope of coverage, reimbursement, and financing under titles XVIII and XIX of the Social Security Act and other programs that directly provide or receive Federal funds to provide coverage for or reimbursement of prescription drugs, such as the Department of Veterans Affairs, the Department of Defense, and Public Health Service clinics; (D) the availability and affordability of prescription drugs for various population groups in the United States, and the accessibility and affordability of public and private insurance programs for prescription drugs for such population groups; (E) changes in the level and nature of use of prescription drugs by recipients of benefits under titles XVIII and XIX of the Social Security Act, taking into account the impact of such changes on aggregate expenditures under these titles; (F) recommendations to make prescription drugs more affordable and cost-effective for third-party insurers, including State-based pharmaceutical assistance and general assistance programs; (G) evaluation of technologies available for efficient third-party prescription drug program administration, such as electronic claims management and payment technologies; (H) methods of providing reimbursement under Federal health care programs to providers for drug products; (I) evaluation of the use and efficiency of all Federal tax credits and subsidies given to the pharmaceutical industry for various purposes, including the tax credit allowed under section 936 of the Internal Revenue Code of 1986; and (J) evaluation of the effect of direct marketing on price, the volume of sales, and advertising deductions. (2) Special report.--The Commission shall submit to the Committee on Finance of the United States Senate, the Committee on Commerce and the Committee on Ways and Means of the House of Representatives, and the Special Committee on Aging of the United States Senate, by not later than October 1, 1999, a report on the study conducted under subsection (a)(4). SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 7 members appointed as follows: (1) The President shall appoint three members. (2) The Speaker of the House of Representatives shall appoint one member. (3) The minority leader of the House of Representatives shall appoint one member. (4) The majority leader of the Senate shall appoint one member. (5) The minority leader of the Senate shall appoint one member. (b) Qualifications.-- (1) In general.--The membership of the Commission shall include the following: (A) Individuals with national recognition for their expertise in the provision and financing of inpatient and outpatient drugs and biologicals. (B) Individuals with national recognition for their expertise in the fields of health care economics and quality assurance, medicine, pharmacology, pharmacy, and prescription drug reimbursement. (C) Other health care professionals. (D) At least one individual who is an advocate for medicare and medicaid recipients. (2) Limitation.--No more than 2 individuals who are, or have been, in the full- or part-time employ of a pharmaceutical company within one year from the date of appointment under subsection (a) may be appointed to the Commission at any time. (c) Chairman.--The Chairman shall be elected by the members. (d) Deadline for Appointment.--Members of the Commission shall be appointed not later than October 1, 1998. (e) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. (g) Quorum.--Four members of the Commission shall constitute a quorum but a lesser number may hold hearings. (h) Waiver of Limitation on Executive Schedule Positions.-- Appointments may be made under this section without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) In General.--The following provisions of section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall apply to the Commission in the same manner as they apply to the Medicare Payment Advisory Commission: (1) Subsection (c)(4) (relating to compensation of members). (2) Subsection (d) (relating to staffing and administration). (3) Subsection (e) (relating to powers of the Commission generally). (b) Technical Assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. SEC. 6. TERMINATION. The Commission shall terminate on October 1, 2003. SEC. 7. STUDY AND REPORT ON FEDERAL SUBSIDIES AND INCENTIVES PROVIDED TO THE PHARMACEUTICAL INDUSTRY. (a) Study.--The Secretary of Health and Human Services, in consultation with Secretary of the Treasury, shall conduct a study on Federal subsidies and incentives provided to the pharmaceutical industry. Matters studied shall include-- (1) a determination of the total cost over the 5 preceding fiscal years to Federal taxpayers of all Federal subsidies provided to the pharmaceutical industry (including tax incentives, subsidies, grants, and any other financial support); (2)(A) the purposes for which such Federal subsidies are used by the pharmaceutical industry; (B) the Federal role in researching and developing patented pharmaceutical products and the extent to which the Federal Government should co-license certain drugs and biologicals; (C) the extent to which pharmaceutical industry marketing research costs are incorporated into allowable Federal tax credits; (D) comparable financial incentives, subsidies, and tax credits provided to the pharmaceutical industry by other industrialized nations and the use of such incentives, subsidies, and credits by such industry; (E) the relationship between the total Federal financial support provided to the pharmaceutical industry by the United States and other industrialized nations and the prices paid by the citizens of such respective nations for prescription drugs; and (F) the extent to which tax credits provided by the Federal Government subsidize total worldwide pharmaceutical industry research and development; and (3) the relation of Federal tax credits to pharmaceutical manufacturers and marketing exclusivity for drug products to-- (A) an individual manufacturer's pricing behavior in the marketplace; and (B) the relative therapeutic value of new pharmaceutical products researched, developed, and marketed in the United States. (b) Report.--Not later than July 1, 1999, the Secretary of Health and Human Services, after consultation with the Secretary of the Treasury, shall submit a report to the Committee on Finance of the United States Senate, the Committee on Commerce and the Committee on Ways and Means of the United States House of Representatives, and the Special Committee on Aging of the United States Senate, on the study conducted under subsection (a), and shall include such recommendations as the Secretary of Health and Human Services deems appropriate. SEC. 8. MANUFACTURER INTERNATIONAL DRUG PRICE REPORTING REQUIREMENTS. (a) In General.--Subparagraph (A) of section 1927(b)(3) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)) is amended-- (1) by striking ``and'' at the end of clause (i), (2) by striking the period at the end of clause (ii) and inserting ``, and'', and (3) by adding at the end thereof the following new clause: ``(iii) not later than 30 days after the end of each calendar year, the average price at which the manufacturer sold each covered outpatient drug in such calendar year in the following countries: Canada, Australia, Mexico, and the countries of the European Union.''. (b) Technical Amendment.--Clause (ii) of section 1927(b)(3)(A) of such Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended by inserting a comma after ``1990''.", "summary": "Prescription Drug Price Monitoring Commission Act of 1998 - Establishes the Prescription Drug Price Monitoring Commission which shall conduct specified studies concerning U.S. pharmaceutical prices, including the establishment of a pharmaceutical products price review board. Terminates the Commission on a specified date. Directs the Secretary of Health and Human Services to study and report on Federal subsidies and incentives provided to the pharmaceutical industry. Amends title XIX (Medicaid) of the Social Security Act to require drug manufacturers participating in the Medicaid rebate program to report within a certain time after the end of each calendar year (currently, after each rebate period) on the average price at which the manufacturer sold each covered outpatient drug in Canada, Australia, Mexico, and the European Union countries."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Federal File Sharing Act''. SEC. 2. REQUIREMENTS. (a) Updated Guidance on Use of Certain Software Programs.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, after consultation with the Federal Chief Information Officers Council, shall issue guidance on the use of peer-to-peer file sharing software-- (1) to prohibit the download, installation, or use by Government employees and contractors of open-network peer-to- peer file sharing software on all Federal computers, computer systems, and networks, including those operated by contractors on the Government's behalf, unless such software is approved in accordance with procedures under subsection (b); and (2) to address the download, installation, or use by Government employees and contractors of such software on home or personal computers as it relates to telework and remotely accessing Federal computers, computer systems, and networks, including those operated by contractors on the Government's behalf. (b) Approval Process for Certain Software Programs.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall develop a procedure by which the Director, in consultation with the Chief Information Officer, may receive requests from heads of agencies or chief information officers of agencies for approval for use by Government employees and contractors of specific open-network peer-to-peer file sharing software programs that are-- (1) necessary for the day-to-day business operations of the agency; (2) instrumental in completing a particular task or project that directly supports the agency's overall mission; (3) necessary for use between, among, or within Federal, State, or local government agencies in order to perform official agency business; or (4) necessary for use during the course of a law enforcement investigation. (c) Agency Responsibilities.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) direct agencies to establish or update personal use policies of the agency to be consistent with the guidance issued pursuant to subsection (a); (2) direct agencies to require any contract awarded by the agency to include a requirement that the contractor comply with the guidance issued pursuant to subsection (a) in the performance of the contract; (3) direct agencies to update their information technology security or ethics training policies to ensure that all employees, including those working for contractors on the Government's behalf, are aware of the requirements of the guidance required by subsection (a) and the consequences of engaging in prohibited conduct; and (4) direct agencies to ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited by the guidance issued pursuant to subsection (a) from all Federal computers, computer systems, and networks, including those operated by contractors on the Government's behalf. SEC. 3. ANNUAL REPORT. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the implementation of this Act, including-- (1) a justification for each open-network peer-to-peer file sharing software program that is approved pursuant to subsection (b); and (2) an inventory of the agencies where such programs are being used. SEC. 4. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning provided the term ``Executive agency'' by section 105 of title 5, United States Code. (2) Open-network.--The term ``open-network'', with respect to software, means a network in which-- (A) access is granted freely, without limitation or restriction; or (B) there are little or no security measures in place. (3) Peer-to-peer file sharing software.--The term ``peer- to-peer file sharing software''-- (A) means a program, application, or software that is commercially marketed or distributed to the public and that enables-- (i) a file or files on the computer on which such program is installed to be designated as available for searching and copying to one or more other computers; (ii) the searching of files on the computer on which such program is installed and the copying of any such file to another computer-- (I) at the initiative of such other computer and without requiring any action by an owner or authorized user of the computer on which such program is installed; and (II) without requiring an owner or authorized user of the computer on which such program is installed to have selected or designated another computer as the recipient of any such file; and (iii) an owner or authorized user of the computer on which such program is installed to search files on one or more other computers using the same or a compatible program, application, or software, and copy such files to such owner or user's computer; and (B) does not include a program, application, or software designed primarily-- (i) to operate as a server that is accessible over the Internet using the Internet Domain Name system; (ii) to transmit or receive email messages, instant messaging, real-time audio or video communications, or real-time voice communications; or (iii) to provide network or computer security (including the detection or prevention of fraudulent activities), network management, maintenance, diagnostics, or technical support or repair. (4) Contractor.--The term ``contractor'' means a prime contractor or a subcontractor, as defined by the Federal Acquisition Regulation. SEC. 5. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives March 24, 2010. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Secure Federal File Sharing Act - Requires the Director of the Office of Management and Budget (OMB) to issue guidance to: (1) prohibit the download, installation, or use by government employees and contractors of open-network peer-to-peer file sharing software on all federal computers, computer systems, and networks, unless approved in accordance with procedures under this Act; and (2) address the download, installation, or use by government employees and contractors of such software on home or personal computers as it relates to telework and remotely accessing federal computers, computer systems, and networks. Requires the Director to develop a procedure for receiving requests from heads or chief information officers of agencies for approval for use by government employees and contractors of specific open-network peer-to-peer file sharing software programs that are: (1) necessary for day-to-day business operations, for use in the course of a law enforcement investigation, or to perform official agency business; or (2) instrumental in completing a particular task or project that directly supports the agency's overall mission. Requires the Director to direct agencies to: (1) establish or update personal use policies to be consistent with the guidance issued under this Act; (2) require contracts to require contractor compliance with that guidance; (3) update their information technology security or ethics training policies to ensure that all employees are aware of the requirements of that guidance and the consequences of engaging in prohibited conduct; and (4) ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited. Requires the Director to report annually to specified congressional committees, including: (1) a justification for each open-network peer-to-peer file sharing software program that is approved under this Act; and (2) an inventory of the agencies where such programs are being used. Requires the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, to be determined by reference to the latest statement titled \"Budgetary Effects of PAYGO Legislation\" for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Commission Act of 1995''. SEC. 2. ESTABLISHMENT. (a) Establishment.--There is established a commission to be known as the National Commission on the Long-Term Solvency of the Medicare Program (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of 15 members appointed as follows: (1) Five members shall be appointed by the President from among officers or employees of the executive branch, private citizens of the United States, or both. Not more than 3 members selected by the President shall be members of the same political party. (2) Five members shall be appointed by the Majority Leader of the Senate from among members of the Senate, private citizens of the United States, or both. Not more than 3 of the members selected by the Majority Leader shall be members of the same political party. (3) Five members shall be appointed by the Speaker of the House of Representatives from among members of the House of Representatives, private citizens of the United States, or both. Not more than 3 of the members selected by the Speaker shall be members of the same political party. (4) Date.--The appointments of the members of the Commission shall be made no later than November 30, 1995. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairman.--The Commission shall select a Chairman from among its members. SEC. 3. DUTIES OF THE COMMISSION. (a) Analyses and Recommendations.-- (1) In general.--The Commission shall-- (A) review relevant analyses of the current and long-term financial condition of the medicare trust funds; (B) identify problems that may threaten the long- term solvency of such trust funds; (C) analyze potential solutions to such problems that will both assure the financial integrity of the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and the provision of appropriate health benefits; and (D) provide appropriate recommendations to the Secretary of Health and Human Services, the President, and the Congress. (2) Definition of medicare trust funds.--For purposes of this subsection, the term ``medicare trust funds'' means the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t). (b) Report.--The Commission shall submit its report to the President and the Congress not later than December 31, 1996. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Officers and employees of the federal government.--All members of the Commission who are officers or employees of the Federal Government shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Private citizens of the united states.-- (A) In general.--Subject to subparagraph (B), all members of the Commission who are not officers or employees of the Federal Government shall serve without compensation for their work on the Commission. (B) Travel expenses.--The members of the Commission who are not officers or employees of the Federal Government shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission, to the extent funds are available therefore. (b) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. At the request of the Chairman, the Secretary of Health and Human Services shall provide the Commission with any necessary administrative and support services. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (c) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits its report under section 2(b). SEC. 7. FUNDING FOR THE COMMISSION. Any expenses of the Commission shall be paid from such funds as may be otherwise available to the Secretary of Health and Human Services.", "summary": "Medicare Commission Act of 1995 - Establishes the National Commission on the Long-Term Solvency of the Medicare Program to provide analyses of and recommendations with respect to the current and long-term financial condition of the Medicare trust funds for a report to the President, the Congress, and the Secretary of Health and Human Services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Trafficking Elimination Act of 2007''. TITLE I--CRIMINAL ENHANCEMENTS SEC. 101. CRIMINAL ENHANCEMENTS FOR UNLAWFUL MANUFACTURING, DISTRIBUTING, DISPENSING, OR POSSESSING WITH INTENT TO MANUFACTURE, DISTRIBUTE, OR POSSESS LARGE AMOUNTS OF HEROIN, MARIHUANA, AND METHAMPHETAMINE. Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended by adding at the end the following new subparagraph: ``(E) In the case of a violation of subsection (a) of this section involving-- ``(i) more than 10 kilograms of a mixture or substance containing a detectable amount of heroin; ``(ii) more than 10,000 kilograms of a mixture or substance containing a detectable amount of marihuana, or more than 10,000 marihuana plants regardless of weight; or ``(iii) more than 500 grams of methamphetamine, its salts, isomers, and salts of its isomers or more than 1.5 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, such person shall be subject to the same penalties as applicable under subparagraph (A) of this paragraph, except that such person shall be sentenced to a term of imprisonment which may not be less than 20 years.''. SEC. 102. CRIMINAL ENHANCEMENTS FOR UNLAWFUL IMPORTATION AND EXPORTATION OF LARGE AMOUNTS OF HEROIN, MARIHUANA, AND METHAMPHETAMINE. Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended by adding at the end the following new paragraph: ``(5) In the case of a violation of subsection (a) of this section involving-- ``(A) more than 10 kilograms of a mixture or substance containing a detectable amount of heroin; ``(B) more than 10,000 kilograms of a mixture or substance containing a detectable amount of marihuana; or ``(C) more than 500 grams of methamphetamine, its salts, isomers, and salts of its isomers or more than 1.5 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, the person committing such violation shall be subject to the same penalties as applicable under paragraph (1) of this subsection, except that such person shall be sentenced to a term of imprisonment which may not be less than 20 years.''. SEC. 103. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY. Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. 841(b)(5)) is amended to read as follows: ``(5) Manufacture or Cultivation on Federal Property.--Any person who violates subsection (a) of this section by manufacturing or cultivating a controlled substance on Federal property shall be imprisoned for a term of not more than 10 years, which shall be imposed consecutively and in addition to the penalty imposed under paragraph (1).''. SEC. 104. USE OF HAZARDOUS SUBSTANCES ON FEDERAL LAND. Section 401(b)(6) of the Controlled Substances Act (21 U.S.C. 841(b)(6)) is amended to read as follows: ``(6) Use of Hazardous Substances.--Any person who violates subsection (a) and knowingly uses a poison, chemical, or other hazardous substance on Federal land, and by such use-- ``(A) creates a serious hazard to humans, wildlife, or domestic animals; ``(B) degrades or harms the environment or natural resources; or ``(C) pollutes an aquifer, spring, stream, river, or body of water, shall be imprisoned for a term of not more than 5 years, which shall be imposed consecutively and in addition to the penalty imposed under paragraphs (1) and (5).''. SEC. 105. LISTED CHEMICALS. Section 401(c) of the Controlled Substances Act (21 U.S.C. 841(c)) is amended by striking ``20 years'' and ``10 years'' and inserting ``30 years'' and ``20 years'', respectively. SEC. 106. MURDER AND OTHER VIOLENT CRIMES RELATED TO DRUG TRAFFICKING, AND DANGEROUS DRUG TRAFFICKING ORGANIZATIONS. (a) Murder and Other Violent Crimes Committed During and in Relation to a Drug Trafficking Crime.--Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following new section: ``murder and other violent crimes committed during and in relation to a drug trafficking crime ``Sec. 424. (a) In General.--Whoever commits, or conspires, or attempts to commit, a crime of violence during and in relation to a drug trafficking crime, shall, unless the death penalty is otherwise imposed, in addition and consecutive to the punishment provided for the drug trafficking crime and in addition to being subject to a fine under title 18, United States Code-- ``(1) if the crime of violence results in the death of any person, be sentenced to death or life in prison; ``(2) if the crime of violence is kidnapping, aggravated sexual abuse, or maiming, be imprisoned for life or any term of years not less than 30; ``(3) if the crime of violence is assault resulting in serious bodily injury, be imprisoned for life or any term of years not less than 20; and ``(4) in any other case, be imprisoned for life or for any term of years not less than 10. ``(b) Venue.--A prosecution for a violation of this section may be brought in-- ``(1) the judicial district in which the murder or other crime of violence occurred; or ``(2) any judicial district in which the drug trafficking crime may be prosecuted. ``(c) Definitions.--As used in this section-- ``(1) the term `aggravated sexual abuse' means an offense that, if committed in the special maritime and territorial jurisdiction would be an offense under section 2241(a) of title 18, United States Code; ``(2) the term `crime of violence' has the meaning given that term in section 16 of title 18, United States Code; ``(3) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2) of title 18, United States Code; and ``(4) the term `serious bodily injury' has the meaning given that term in section 1365 of title 18, United States Code.''. (b) Dangerous Drug Trafficking Organizations.--Part D of such Act is further amended by adding after section 424, as added by subsection (a) of this section, the following new section: ``dangerous drug trafficking organizations ``Sec. 425. (a) In General.--Any person who knowingly engages in a dangerous drug trafficking organization, as defined in subsection (b), shall be imprisoned for not less than 20 years nor more than life, fined in accordance with the provisions of title 18, United States Code, or both. ``(b) Dangerous Drug Trafficking Organization Defined.--For purposes of this section, the term `dangerous drug trafficking organization' means a formal or informal group, organization, or association of 5 or more individuals-- ``(1) that has as one of its purposes the commission of one or more drug trafficking crimes (as defined in section 924(c)(2) of title 18, United States Code); ``(2) one or more of the members of which commit or have committed, in furtherance of such purpose-- ``(A) more than one violation of this part the punishment of which is a felony; and ``(B) 2 or more violations, in 2 or more separate criminal episodes, of section 424; and ``(3) the activities of which involve at least 50 times the quantity of a substance described in section 401(b)(1)(B). ``(c) Extraterritorial Jurisdiction.--There is jurisdiction over an offense under this section committed outside the United States if the individual committing the offense is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).''. (c) Clerical Amendment.--The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 423 the following: ``Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime. ``Sec. 425. Dangerous drug trafficking organizations.''. TITLE II--PROTECTING CHILDREN FROM DRUG TRAFFICKERS SEC. 201. DISTRIBUTION TO PERSONS UNDER AGE 21 AND PREGNANT PERSONS. (a) In General.--Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended to read as follows: ``distribution to persons under age 21 and pregnant persons ``Sec. 418. (a) Distribution to Persons Under 21.--Except as provided in subsection (b), any person at least 18 years of age who violates section 401(a)(1) by distributing a controlled substance to a person under 21 years of age shall be sentenced to a term of imprisonment of not less than 3 years nor more than 10 years in addition and consecutive to any punishment under section 401(b). The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana. ``(b) Distribution to Pregnant Persons.--Except as authorized by this title, any person who knowingly provides or distributes any controlled substance to a pregnant individual in violation of any provision of this title shall be sentenced to a term of imprisonment of not less than 3 years nor more than 10 years in addition and consecutive to any punishment under section 401(b). ``(c) Second or Subsequent Offenses.--Any person at least 18 years of age who violates subsections (a) or (b) after a prior conviction under section 401(a) has become final shall be sentenced to a term of imprisonment of not less than 5 years nor more than 20 years in addition and consecutive to any punishment under section 401(b). Penalties for third and subsequent convictions shall be governed by section 401(b)(1)(A).''. (b) Clerical Amendment.--The item relating to section 418 in the table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended to read as follows: ``Sec. 418. Distribution to persons under age 21 and pregnant persons.''. SEC. 202. DISTRIBUTION IN OR NEAR SCHOOLS. Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended to read as follows: ``distribution in or near schools ``Sec. 419. (a) In General.--Except as provided by subsection (b), whoever violates section 401(a)(1) or section 416 by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility, shall be sentenced to a term of imprisonment of not less than 3 years nor more than 10 years in addition and consecutive to any punishment under section 401(b). The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana. ``(b) Second or Subsequent Offenses.--Whoever violates subsection (a) after a prior conviction under section 401(a) has become final shall be sentenced to a term of imprisonment of not less than 5 years nor more than 20 years in addition and consecutive to any punishment under section 401(b). Penalties for third and subsequent convictions shall be governed by section 401(b)(1)(A). ``(c) Definitions.--As used in this section-- ``(1) the term `playground' means any outdoor facility (including any parking lot appurtenant thereto) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children including, but not limited to, sliding boards, swingsets, and teeterboards; ``(2) the term `youth center' means any recreational facility and/or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities. ``(3) the term `video arcade facility' means any facility, legally accessible to children, intended primarily for the use of pinball and video machines for amusement containing a minimum of ten machines that are either pinball or video machines; and ``(4) the term `swimming pool' includes any parking lot appurtenant thereto.''. SEC. 203. EMPLOYMENT OR USE OF PERSONS UNDER 18 YEARS OF AGE IN DRUG OPERATIONS. Section 420 of the Controlled Substances Act (21 U.S.C. 861) is amended to read as follows: ``employment or use of persons under 18 years of age in drug operations ``Sec. 420. (a) Any person at least 18 years of age who knowingly-- ``(1) employs, hires, uses, persuades, induces, entices, or coerces, a person under 18 years of age to violate any provision of this title or title III; ``(2) employs, hires, uses, persuades, induces, entices, or coerces a person under 18 years of age to assist in avoiding detection or apprehension, for any such violation, by any Federal, State, or local law enforcement official; or ``(3) receives a controlled substance from a person under 18 years of age, other than an immediate family member, in violation of this title or title III shall be sentenced to a term of imprisonment of not less than 3 years nor more than 10 years in addition and consecutive to any punishment under section 401(b). ``(b) Whoever violates subsection (a) after a prior conviction under section 401(a) has become final shall be sentenced to a term of imprisonment of not less than 5 years nor more than 20 years in addition and consecutive to any punishment under section 401(b). Penalties for third and subsequent convictions shall be governed by section 401(b)(1)(A).''. SEC. 204. MAINTAINING DRUG-INVOLVED PREMISES IN RELATION TO INVOLVEMENT OF CHILDREN. Section 416(b) of the Controlled Substances Act (21 U.S.C. 856(b)) is amended by inserting (1) before ``Any person'' and by adding the following new paragraph: ``(2) Any person who violates subsection (a) knowing that the manufacture, distribution, storage, or use of any controlled substance involves a person under the age of 18 shall be sentenced to a term of imprisonment of not less than 5 years nor more than 20 years.''. SEC. 205. MODIFICATION OF SAFETY VALVE PROVISION. Section 3553(f) of title 18, United States Code, is amended-- (1) in paragraph (4), by inserting ``and was not engaged in a dangerous drug trafficking organization (as defined in section 425 of the Controlled Substances Act)'' after ``section 408 of the Controlled Substances Act''; (2) by striking ``and'' at the end of paragraph (4); (3) by redesignating paragraph (5) as paragraph (6); and (4) by inserting after paragraph (4) the following: ``(5) no part of the offense or relevant conduct involved manufacturing, possessing with intent to distribute, or distributing any controlled substance in or near the presence of a child or conduct constituting an offense under section 418, 419, or 420 of the Controlled Substances Act (21 U.S.C. 859, 860, or 861); and''. TITLE III--NATIONAL DRUG TRAFFICKING ENFORCEMENT STRATEGY SEC. 301. NATIONAL ENFORCEMENT STRATEGY. (a) Development of Strategy.--The Attorney General, in consultation with the Secretary of Homeland Security, shall develop a National Drug Trafficking Enforcement Strategy. (b) Report.--Not later than February 1 of each year, the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report containing the following: (1) A description of the drug enforcement activities of the Federal Bureau of Investigations, the Drug Enforcement Agency, the Department of Homeland Security, and other Federal law enforcement agencies, including international and domestic enforcement strategies and coordination efforts among all law enforcement agencies. (2) A description of the allocation of the resources of the entities listed in paragraph (1) for the investigation and prosecution of alleged violations of the Controlled Substances Act (21 U.S.C. 801 et seq.), including violations involving significant drug trafficking organizations. (3) A description of measures being taken to give priority in the allocation of such resources described in paragraph (2) to alleged violations involving-- (A) persons who have imported into the United States substantial quantities of controlled substances; and (B) persons involved in violations that have endangered children.", "summary": "Drug Trafficking Elimination Act of 2007 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase prison terms or impose mandatory minimum prison terms for: (1) manufacturing, distributing, dispensing, or possessing certain large amounts of heroin, marihuana, or methamphetamine; (2) importing or exporting such drugs; (3) manufacturing or cultivating a controlled substance on federal property; (4) using hazardous substances on federal land in connection with illegal drug activities; (5) possessing a listed chemical with intent to manufacture a controlled substance; (6) committing a crime of violence during and in relation to a drug trafficking crime; (7) engaging in a dangerous drug trafficking organization; (8) distributing controlled substances to persons under age 21 or to a pregnant person; (9) distributing controlled substances in or near schools; and (10) employing or involving persons under age 18 in illegal drug activities. Directs the Attorney General to develop a National Drug Trafficking Enforcement Strategy."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Check the Box for Homeless Veterans Act of 2013''. SEC. 2. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND ``Sec. 6098. Contributions to the Homeless Veterans Assistance Fund. ``SEC. 6098. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND. ``(a) In General.--Every individual, with respect to the taxpayer's return for the taxable year of the tax imposed by chapter 1-- ``(1) may designate that a specified portion (not less than $1) of any overpayment of tax shall be paid over to the Homeless Veterans Assistance Fund in accordance with the provisions of section 9512, and ``(2) in addition to any payment (if any) under paragraph (1), may make a contribution to the United States of an additional amount which shall be paid over to such Fund. ``(b) Manner and Time of Designation and Contribution.--A designation and contribution under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after such time of filing) specified in regulations prescribed by the Secretary. Such designation and contribution shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as-- ``(1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) a contribution made by such taxpayer on such date to the United States.''. (b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. HOMELESS VETERANS ASSISTANCE FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Homeless Veterans Assistance Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Homeless Veterans Assistance Fund amounts equivalent to the amounts designated and contributed under section 6098. ``(c) Expenditures.-- ``(1) In general.--Subject to paragraphs (2) and (3), amounts in the Homeless Veterans Assistance Fund shall be available (and shall remain available until expended) to the Department of Veterans Affairs, in consultation with the Department of Labor Veterans' Employment and Training Service and the Department of Housing and Urban Development, for the purpose of providing services to homeless veterans, through-- ``(A) the development and implementation of new and innovative strategies to prevent and end veteran homelessness, and ``(B) any homeless veteran program administered by the Department of Veterans Affairs, the Department of Labor Veterans' Employment and Training Service, and the Department of Housing and Urban Development. ``(2) Additional allocations.--The Secretary of Veterans Affairs is authorized to make transfers from the amounts described in paragraph (1) to the Department of Labor Veterans' Employment and Training Service and the Department of Housing and Urban Development for the purpose of supporting programs that serve homeless veterans. ``(3) Advance notice.--The Secretary of Veterans Affairs, in collaboration with the Secretary of Labor and Secretary of Housing and Urban Development, shall submit a detailed expenditure plan for any amounts in the Homeless Veterans Assistance Fund to the Committees on Veterans' Affairs and Committees on Appropriations of the House of Representatives and of the Senate not later than 60 days prior to any expenditure of such amounts. ``(d) President's Annual Budget Information.--Beginning with the President's annual budget submission for fiscal year 2014 and every year thereafter, the Department of Veterans Affairs, the Department of Labor, and the Department of Housing and Urban Development shall include a description of the use of funds from the Homeless Veterans Assistance Fund from the previous fiscal year and the proposed use of such funds for the next fiscal year.''. (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``PART IX--Contributions to the Homeless Veterans Assistance Fund''. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Homeless Veterans Assistance Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Check the Box for Homeless Veterans Act of 2013 - Amends the Internal Revenue Code to: (1) establish in the Treasury the Homeless Veterans Assistance Fund; and (2) allow individual taxpayers to designate on their tax returns a specified portion (not less than $1) of any overpayment of tax, and to make a contribution of an additonal amount, to be paid over to such Fund to provide services to homeless veterans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Speak Up to Protect Every Abused Kid Act''. SEC. 2. CHILD ABUSE AND NEGLECT. Section 3(2) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended to read as follows: ``(2) the term `child abuse or neglect' means, at a minimum-- ``(A) any recent act or failure to act, on the part of a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm; or ``(B) any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child.''. SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING. The Child Abuse Prevention and Treatment Act is amended by inserting after section 103 (42 U.S.C. 5104) the following: ``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING. ``(a) In General.--The Secretary shall make grants to eligible entities to carry out educational campaigns and provide training regarding State laws for mandatory reporting of incidents of child abuse or neglect. ``(b) Guidance and Information on Best Practices.--The Secretary shall develop and disseminate guidance and information on best practices for-- ``(1) educational campaigns to educate members of the public about-- ``(A) the acts and omissions that constitute child abuse or neglect under State law; ``(B) the responsibilities of adults to report suspected and known incidents of child abuse or neglect under State law; and ``(C) the ways in which adults can respond to help children and families without such reporting in a case in which the circumstances do not constitute child abuse or neglect under State law but the child or family needs assistance to prevent such circumstances from deteriorating so as to constitute child abuse or neglect; and ``(2) training programs to improve such reporting by adults, with a focus on adults who work with children in a professional or volunteer capacity. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In determining whether to make a grant under this section, the Secretary shall determine whether the educational campaign or training proposed by the entity uses practices described in the guidance and information developed under subsection (b). ``(d) Use of Funds.--An entity that receives a grant under this section shall use the funds made available through the grant to carry out an educational campaign, or provide training, described in subsection (b). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2012 and $10,000,000 for each of fiscal years 2013 through 2016.''. SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. Section 106(b)(2)(B) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)) is amended by striking ``(B) an assurance'' and all that follows through clause (i), and inserting the following: ``(B) an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes-- ``(i) provisions or procedures for an individual to report suspected or known incidents of child abuse or neglect to a State child protective service agencies or to law enforcement agencies, which shall include a State law for mandatory reporting of such incidents, to either type of agency, by any adult;''. SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING. (a) Eligibility.--Section 107(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5107c(b)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by adding at the end the following: ``(C) train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law; and''; and (2) in paragraph (5), by inserting before the period ``and the training described in paragraph (4)(C)''. (b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C. 5107c(e)(2)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(3) evaluate the State's efforts to train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law.''. (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 U.S.C. 5107c(e)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(D) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting of and response to suspected and known incidents of child abuse or neglect by adults to the State child protective service agencies or to law enforcement agencies.''. SEC. 6. GENERAL PROGRAM GRANTS. Section 108 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d) is amended by adding at the end the following: ``(f) Mandatory Reporting.--To be eligible to receive any form of financial assistance under this title, a State shall include in the corresponding plan or application an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 7. REPORTS. Section 110 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106f) is amended by adding at the end the following: ``(e) Report on State Mandatory Reporting Laws.-- ``(1) Study.--Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act, the Secretary shall collect information on and otherwise study the efforts of States relating to State laws for mandatory reporting of incidents of child abuse or neglect, in order to-- ``(A) assess the implementation of the amendments made by that Act; and ``(B) provide an update on-- ``(i) implementation of State laws for mandatory reporting described in section 106(b)(2)(B)(i); and ``(ii) State efforts to improve reporting on, and responding to reports of, child abuse or neglect. ``(2) Report.--Not later than 4 years after that date of enactment, the Secretary shall submit to the appropriate committees of Congress a report containing the findings of the study.''. SEC. 8. COMMUNITY-BASED GRANTS. Section 204 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116d) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 9. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act. (b) Mandatory Reporting Requirements.--The amendments made by sections 4, 5(a), 6, and 8 shall apply to the corresponding plans and applications submitted after the date that is 2 years after the date of enactment of this Act.", "summary": "Speak Up to Protect Every Abused Kid Act - Amends the Child Abuse Prevention and Treatment Act (CAPTA) to specify in the definition of \"child abuse or neglect\" any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child. Directs the Secretary of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide training regarding state laws for mandatory reporting of incidents of child abuse or neglect. Requires the state plan under a grant for child abuse or neglect prevention and treatment programs to contain an assurance in the form of a certification by the state governor that the state has in effect and is enforcing a state law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes provisions or procedures for an individual to report suspected or known incidents incidents of child abuse or neglect to a state child protective services agencies or to law enforcement agencies, which shall include a state law for mandatory reporting of such agencies, to either type of agency, by any adult. Requires the annual state application for a grant for programs relating to investigation and prosecution of child abuse and neglect cases to contain an assurance that the state will train adults who work with children in a professional or volunteer capacity to report suspected and known incidents of child abuse or neglect. Requires the state multidisciplinary task force on children's justice to evaluate the state's efforts to train such adults to report such incidents. Requires a state to adopt state task force recommendations in the category of experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting to the state child protective services agencies or to law enforcement agencies of and response to suspected and known incidents of child abuse or neglect by adults. Requires a state, to be eligible to receive any form of financial assistance, to include in its plan or application an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. Directs the Secretary of HHS to collect information on and otherwise study the efforts of states relating to state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of CAPTA. Requires an application for a community-based grant to contain an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect."}
{"article": "SECTION 1. FINDINGS. The Congress makes the following findings: (1) It has been reported that at an internal Central Communist Party meeting in 1994, Chinese President Jiang Zemin asserted that religion is one of the biggest threats to Communist Party rule in China. (2) On January 31, 1994, Premier Li Ping signed decrees number 144 and 145 which restrict worship, religious education, distribution of bibles and other religious literature, and contact with foreign coreligionists. (3) The Chinese Government has created organizations that have as their purpose controlling all religious worship, activity, and association in China and supplanting the Roman Catholic Church, independent Protestant churches and independent Buddhist, Taoist, and Islamic associations. (4) In July 1995 Ye Xiaowen, a reputed atheist and rigid communist, was appointed to head the Bureau of Religious Affairs, an agency controlled by the United Front Work Department of the Chinese Government, that has administrative control over all religious worship and activity in China through an official system of registering or denying rights and privileges to religious congregations and leaders. (5) In the past year, the Chinese Government has expressed great concern over the spread of Christianity and particularly over the rapid growth of Christian religious institutions other than those controlled by the government, including the Roman Catholic Church and the evangelical Christian ``house churches''. (6) Soon after the establishment of the People's Republic of China in 1949, the Chinese Government imprisoned Christians who refused to relinquish their faith to become servants of Communism, charging them as ``counter-revolutionaries'' and sentencing them to 20 years or more in labor camps. (7) Hundreds of Chinese Protestants and Catholics are among those now imprisoned at ``reeducation through labor'' camps because of their religious beliefs. (8) The reeducation camps are run by the Ministry of Public Security and the Ministry of Justice of the Chinese Government. (9) The Chinese Communist Government refuses to permit the appointment by the Vatican of Catholic Bishops and ordination of priests for China and insists on appointing its own ``Catholic bishops''. (10) The Tenth Panchen Lama died in January 1989 at Tashi Lhunpo Monastery, his traditional spiritual seat in Shigatze, Tibet's second largest city. (11) The Dalai Lama has the right to recognize the successor to the Panchen Lama, and has always done so. (12) On May 14, 1995, His Holiness the Dalai Lama announced recognition of a 6-year-old boy, Gedhun Choekyi Nyima, as the Eleventh Panchen Lama, according to Tibetan tradition. (13) The young boy recognized by the Dalai Lama and his family have been brought to Beijing by Chinese authorities and have not been seen in several months. (14) Chatrel Rimpoche, abbot of Tashi Lhunpo Monastery and head of the original search committee for the Eleventh Panchen Lama, and his assistant, Champa Chung, are believed to have been seized and detained by Chinese authorities in May of 1995. (15) Chinese Government authorities subsequently detained other Tibetan Buddhists in connection with selection of the Eleventh Panchen Lama, including Gyatrol Rimpoche, Shepa Kelsang, Lhakpa Tsering, and Ringkar Ngawang. (16) The Chinese Government convened a conference in Beijing of Tibetan Lamas who were forcibly brought to Beijing in order to select a rival candidate to the child selected by the Dalai Lama as the Eleventh Panchen Lama. (17) On November 29, 1995, Luo Gan, Secretary General of the State Council, and Ye Xiaowen, Director of the Bureau of Religious Affairs, orchestrated an elaborate ceremony designating a 6-year-old boy selected by the Chinese Government as the Eleventh Panchen Lama. (18) On December 8, 1995, State Councilor Li Tieying presided over a ceremony in Shigatze, Tibet, in which the boy selected by the Chinese Government as the Eleventh Panchen Lama was enthroned. (19) By seeking to impose its own candidate as the Eleventh Panchen Lama and detaining the 6-year-old boy recognized for that position in accordance with Tibetan tradition, the Chinese Government is inserting itself into a purely Tibetan religious matter, in blatant violation of the fundamental human rights of the Tibetan people. SEC. 2. STATEMENT OF POLICY. The Department of State should make the release of individuals imprisoned or detained on religious grounds a major objective of United States foreign policy with respect to China, and should raise this issue in every relevant bilateral and multilateral forum. SEC. 3. PROHIBITION ON FUNDING BY AGENCIES OF THE UNITED STATES FOR THE PARTICIPATION OF CERTAIN CHINESE OFFICIALS IN INTERNATIONAL PROGRAMS AND ACTIVITIES. (a) Restriction.--No funds available to the Department of State, the United States Information Agency, the Agency for International Development, or any other agency or entity of the United States Government may be obligated or expended for the participation of any of the following individuals in any conference, exchange program, or activity relating to education, culture, training, or any other purpose, until the President submits the certification described in subsection (b): (1) The head of any of the following Chinese Government- created and approved organizations: (A) The Chinese Buddhist Association. (B) The Chinese Catholic Patriotic Association. (C) The Chinese Catholic Religious Affairs Committee. (D) The Chinese Catholic Bishops' Conference. (E) The Chinese Protestant ``Three-Self'' Patriotic Movement. (F) The China Christian Council. (G) The Chinese Taoist Association. (H) The Chinese Islamic Association. (2) Any official or employee of the United Front Work Department of the Chinese Government. (3) Luo Gan, the Secretary General of the State Council, Li Tieying, State Councilor, and any other official or employee of the State Council. (4) Ye Xiaowen, Director of Bureau of Religious Affairs, and any other official or employee of the Bureau of Religious Affairs of the Chinese Government. (5) Any military or civilian official or employee of the Ministry of Public Security or the Ministry of Justice of the Chinese Government. (b) Certification.--The certification referred to in subsection (a) is a certification by the President to the Congress that the following individuals have been released, unconditionally, by the Chinese Government: (1) Pei Zhongxun (whose Korean name is Chun Chul). (2) Dai Guillang. (3) Dai Lanmei. (4) Geng Minuan. (5) Wang Xincai. (6) Li Tianen. (7) Guo Mengshan. (8) Jiang Huaifeng. (9) Xu Funian. (10) Wang Yao Hua. (11) Chen Zhuman. (12) Bishop Zeng Jingmu. (13) Father Li Jian Jin. (14) Father Vincent Qin Guoliang. (15) Pan Kunming. (16) Rao Yangping. (17) Yu Qixing. (18) Yu Shuishen. (19) Li Qingming. (20) Zhang Zhiqiang. (21) Gedhun Choekyi Nyima and his family. (22) Chatrel Rimpoche. (23) Champa Chung. (24) Gyatrol Rimpoche. (25) Shepa Kelsang. (26) Lhakpa Tsering. (27) Ringkar Ngawang.", "summary": "Urges the Department of State to make the release of Chinese imprisoned or detained on religious grounds a major objective of U.S. foreign policy with China. Prohibits the Department of State, the U.S. Information Agency, the Agency for International Development, or any other Federal agency or entity from obligating or expending funds for the participation of certain Chinese individuals and organizations in any conference, exchange program, or activity relating to education, culture, training, or any other purpose, until the President certifies to the Congress that specified imprisoned or detained Chinese citizens have been unconditionally released by the Chinese Government."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Turning Out Prisoners Act''. SEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS. (a) In General.--Section 3626 of title 18, United States Code, is amended to read as follows: ``Sec. 3626. Appropriate remedies with respect to prison crowding ``(a) Requirements for Relief.-- ``(1) Limitations on prospective relief.--Prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that civil action. The court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. In determining the intrusiveness of the relief, the court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. ``(2) Prison population reduction relief.--In any civil action with respect to prison conditions, the court shall not grant or approve any relief whose purpose or effect is to reduce or limit the prison population, unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. ``(b) Termination of Relief.-- ``(1) Automatic termination of prospective relief after 2- year period.--In any civil action with respect to prison conditions, any prospective relief shall automatically terminate 2 years after the later of-- ``(A) the date the court found the violation of a Federal right that was the basis for the relief; or ``(B) the date of the enactment of the Stop Turning Out Prisoners Act. ``(2) Immediate termination of prospective relief.--In any civil action with respect to prison conditions, a defendant or intervenor shall be entitled to the immediate termination of any prospective relief, if that relief was approved or granted in the absence of a finding by the court that prison conditions violated a Federal right. ``(c) Procedure for Motions Affecting Prospective Relief.-- ``(1) Generally.--The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to prison conditions. ``(2) Automatic stay.--Any prospective relief subject to a pending motion shall be automatically stayed during the period-- ``(A) beginning on the 30th day after such motion is filed, in the case of a motion made under subsection (b); and ``(B) beginning on the 180th day after such motion is filed, in the case of a motion made under any other law; and ending on the date the court enters a final order ruling on that motion. ``(d) Standing.--Any Federal, State, or local official or unit of government-- ``(1) whose jurisdiction or function includes the prosecution or custody of persons in a prison subject to; or ``(2) who otherwise is or may be affected by; any relief whose purpose or effect is to reduce or limit the prison population shall have standing to oppose the imposition or continuation in effect of that relief and may intervene in any proceeding relating to that relief. Standing shall be liberally conferred under this subsection so as to effectuate the remedial purposes of this section. ``(e) Special Masters.--In any civil action in a Federal court with respect to prison conditions, any special master or monitor shall be a United States magistrate and shall make proposed findings on the record on complicated factual issues submitted to that special master or monitor by the court, but shall have no other function. The parties may not by consent extend the function of a special master beyond that permitted under this subsection. ``(f) Attorney's Fees.--No attorney's fee under section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) may be granted to a plaintiff in a civil action with respect to prison conditions except to the extent such fee is-- ``(1) directly and reasonably incurred in proving an actual violation of the plaintiff's federal rights; and ``(2) proportionally related to the extent the plaintiff obtains court ordered relief for that violation.''. ``(g) Definitions.--As used in this section-- ``(1) the term `prison' means any Federal, State, or local facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law; ``(2) the term `relief' means all relief in any form which may be granted or approved by the court, and includes consent decrees and settlement agreements; and ``(3) the term `prospective relief' means all relief other than compensatory monetary damages.'' (b) Application of Amendment.--Section 3626 of title 18, United States Code, as amended by this section, shall apply with respect to all relief (as defined in such section) whether such relief was originally granted or approved before, on, or after the date of the enactment of this Act.", "summary": "Stop Turning Out Prisoners Act - Revises provisions of the Violent Crime Control and Law Enforcement Act of 1994 regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court, in any such action, from granting or approving any relief whose purpose or effect is to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Sets forth provisions regarding: (1) termination of relief (including provision for the automatic termination of prospective relief after a two-year period); (2) procedure for motions affecting prospective relief; (3) standing (grants standing to specified Federal, State, or local officials to oppose the imposition or continuation in effect of relief the purpose or effect of which is to reduce or limit the prison population and to intervene in any proceeding relating to that relief); (4) special masters; and (5) attorney's fees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998''. SEC. 2. CONTINUING ELIGIBILITY FOR SSI AND RELATED BENEFIT FOR NONQUALIFIED ALIENS WHO WERE RECEIVING BENEFITS ON THE DATE OF THE ENACTMENT OF THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996. Section 401(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(b)) is amended by inserting after paragraph (4) the following new paragraph: ``(5) Subsection (a) shall not apply to eligibility for benefits for the program defined in section 402(a)(3)(A) (relating to the supplemental security income program), or to eligibility for benefits under any other program that is based on eligibility for benefits under the program so defined, for an alien who was receiving such benefits on August 22, 1996.''. SEC. 3. EXTENSION OF AUTHORIZATION OF SELF-EMPLOYMENT ASSISTANCE PROGRAMS. (a) In General.--Paragraph (2) of section 507(e) of the North American Free Trade Agreement Implementation Act (26 U.S.C. 3306 note) is hereby repealed. (b) Conforming Amendments.--Subsection (e) of section 507 of such Act is further amended-- (1) by amending the heading after the subsection designation to read ``Effective Date.--''; and (2) by striking ``(1) Effective date.--'' and by running in the remaining text of subsection (e) immediately after the heading therefor, as amended by paragraph (1). SEC. 4. CORRECTIONS TO THE CHILD SUPPORT PERFORMANCE AND INCENTIVE ACT OF 1998. (a) Reduction of Penalty for State Failure to Meet Deadline for Compliance With Child Support Data Processing and Information Retrieval Requirements if Performance of Certain Aspect of State IV-D Program Meets Performance Threshold.-- (1) In general.--Section 455(a)(4)(C) of the Social Security Act (42 U.S.C. 655(a)(4)(C)) is amended by adding at the end the following: ``(iii) The Secretary shall reduce the amount of any reduction that, in the absence of this clause, would be required to be made under this paragraph by reason of the failure of a State to achieve compliance with section 454(24)(B) during the fiscal year, by an amount equal to 20 percent of the amount of the otherwise required reduction, for each State performance measure described in section 458A(b)(4) with respect to which the applicable percentage under section 458A(b)(6) for the fiscal year is 100 percent, if the Secretary has made the determination described in section 458A(b)(5)(B) with respect to the State for the fiscal year.''. (2) Effective Date.--The amendment made by paragraph (1) of this subsection shall take effect as if included in the enactment of section 101(a) of the Child Support Performance and Incentive Act of 1998, and the amendment shall be considered to have been added by section 101(a) of such Act for purposes of section 201(f)(2)(B) of such Act. (b) Clarification of Effective Date for Certain Medical Child Support Provisions.-- (1) In general.--Section 401(c)(3) of the Child Support Performance and Incentive Act of 1998 (42 U.S.C. 652 note) is amended by striking ``of the enactment of this Act'' and inserting ``specified in subparagraph (A)''. (2) Effective date.--The amendment made by paragraph (1) of this subsection shall take effect as if included in the enactment of section 401(c)(3) of the Child Support Performance and Incentive Act of 1998. SEC. 5. ELIGIBILITY OF NONRESIDENT ALIENS TO RENEW PROFESSIONAL LICENSES. (a) Federal.--Section 401(c)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)(2)) is amended-- (1) at the end of subparagraph (A) by striking ``or''; (2) at the end of subparagraph (B) by striking the period and inserting ``; or''; and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States.''. (b) State or Local.--Section 411(c)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)(2)) is amended-- (1) at the end of subparagraph (A) by striking ``or''; (2) at the end of subparagraph (B) by striking the period and inserting ``; or''; and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States.''. SEC. 6. CLARIFICATION OF OBLIGATION OF WELFARE-TO-WORK FUNDS. (a) In General.--Section 403(a)(5)(A)(iv)(II) of the Social Security Act (42 U.S.C. 603(a)(5)(A)(iv)(II)) is amended by striking ``or sub-State entity'' and inserting ``, other than funds reserved by the State for distribution under clause (vi)(III) and funds distributed pursuant to clause (vi)(I) in any State in which the service delivery area is the State''. (b) Retroactivity.--The amendment made by subsection (a) shall take effect as if included in the enactment of section 5001 of the Balanced Budget Act of 1997. SEC. 7. DISREGARD OF LIMITED AWARDS MADE TO CHILDREN WITH LIFE- THREATENING CONDITIONS UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM. (a) Income Disregard.--Section 1612(b) of the Social Security Act (42 U.S.C. 1382a(b)) is amended-- (1) by striking ``and'' at the end of paragraph (20); (2) by striking the period at the end of paragraph (21) and inserting ``; and''; and (3) by adding at the end the following: ``(22) any gift to, or for the benefit of, an individual who has not attained 18 years of age and who has a life-threatening condition, from an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code-- ``(A) in the case of an in-kind gift, if the gift is not converted to cash; or ``(B) in the case of a cash gift, only to the extent that the total amount excluded from the income of the individual pursuant to this paragraph in the calendar year in which the gift is made does not exceed $2,000.''. (b) Resource Disregard.--Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)) is amended-- (1) by striking ``and'' at the end of paragraph (11); (2) by striking the period at the end of paragraph (12) and inserting ``; and''; and (3) by inserting after paragraph (12) the following: ``(13) any gift to, or for the benefit of, an individual who has not attained 18 years of age and who has a life-threatening condition, from an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code-- ``(A) in the case of an in-kind gift, if the gift is not converted to cash; or ``(B) in the case of a cash gift, only to the extent that the total amount excluded from the resources of the individual pursuant to this paragraph in the calendar year in which the gift is made does not exceed $2,000.''. (c) Retroactivity.--The amendments made by this section shall apply to gifts made on or after the date that is 2 years before the date of the enactment of this Act. SEC. 8. ENHANCED RECOVERY OF SSI OVERPAYMENTS FROM SOCIAL SECURITY BENEFITS. (a) In General.--Part A of title XI of the Social Security Act is amended by adding at the end the following new section: ``recovery of ssi overpayments from social security benefits ``Sec. 1147. (a) In General.--(1) Whenever the Commissioner of Social Security determines that more than the correct amount of any payment has been made under the supplemental security income program under title XVI of this Act (including, for purposes of this section, under section 1616(a) of this Act or section 212(b) of Public Law 93- 66) to a person who is not currently eligible for cash benefits under the program, the Commissioner, notwithstanding section 207 of this Act but subject to paragraph (2) of this subsection, may recover the amount incorrectly paid by decreasing any amount which is payable to the person under title II of this Act in any month by not more than 10 percent of the amount payable under title II. ``(2) The 10 percent limitation set forth in paragraph (1) shall not apply to an overpayment made to a person if-- ``(A) the person or the spouse of the person was involved in willful misrepresentation or concealment of material information in connection with the overpayment; or ``(B) the person so requests. ``(b) No Effect on SSI Eligibility or Benefit Amount.--In any case in which the Commissioner of Social Security takes action in accordance with subsection (a) to recover an amount incorrectly paid to any person, neither that person, nor any individual whose eligibility for benefits under the supplemental security income program under title XVI, or whose amount of such benefits, is determined by considering any part of that person's income, shall, as a result of such action-- ``(1) become eligible for benefits under such program; or ``(2) if such person or individual is otherwise so eligible, become eligible for increased benefits under such program.''. (b) Conforming Amendments.-- (1) Section 204 of such Act (42 U.S.C. 404) is amended by adding at the end the following: ``(g) For payments which are adjusted or withheld to recover an overpayment of supplemental security income benefits paid under title XVI of this Act (including State supplementary payments paid under an agreement pursuant to section 1616(a) of this Act or section 212(b) of Public Law 93-66), see section 1147.''. (2) Section 1631(b) of such Act (42 U.S.C. 1383(b)) is amended by adding at the end the following: ``(5) For provisions relating to the recovery of benefits incorrectly paid under this title from benefits payable under title II, see section 1147.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to amounts incorrectly paid which remain outstanding on or after such date. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRAWORA) to provide that the new restrictions it imposes on alien eligibility for Supplemental Security Income (SSI) under title XVI of the Social Security Act (SSA) (and thus Medicaid under SSA title XIX) shall not apply to a nonqualified alien who was receiving such benefits on August 22, 1996 (the date of enactment of PRAWORA). (Sec. 3) Amends the North American Free Trade Agreement Implementation Act (NAFTA) to permanently extend the authorization of the Self-Employment Assistance programs. (Sec. 4) Amends SSA title IV part D (Child Support and Establishment of Paternity) to direct the Secretary of Health and Human Services to reduce, by 20 percent, the penalty for State failure to meet the deadline for compliance with child support data processing and information retrieval requirements, for each performance measure under the child support enforcement incentive payment system for which the State does achieve maximum performance. Amends the Child Support Performance and Incentive Act of 1998 to amend the effective date for State enactment of certain medical child support requirements (in order to allow State legislatures that meet biennially to pass such laws after October 1, 2001). (Sec. 5) Amends PRAWORA to allow nonresident alien professionals to renew their U.S. professional licenses. (Sec. 6) Amends SSA title IV part A (Temporary Assistance for Needy Families) with regard to welfare-to-work grants to eliminate the one year obligation requirement and allow a State to retain certain funds reserved for special projects (or for States small enough to have only one Service Delivery Area), without passing them through to a sub-State entity, even if all the money has not been obligated each fiscal year. (Sec. 7) Amends SSA title XVI to exclude from SSI eligibility and Medicaid benefit calculations up to $2,000 in cash awards made by tax-exempt organizations to children with life-threatening conditions. (Sec. 8) Amends part A (General Provisions) of SSA title XI to authorize the Social Security Administration to recover SSI overpayments by offsetting up to ten percent per month of any Old Age, Survivors and Disability Insurance benefits under SSA title II."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Navigation Safety Improvement Act of 1993''. SEC. 2. ESTABLISHMENT OF MARINE NAVIGATION SAFETY ACCOUNT. Section 9505 of the Internal Revenue Code of 1986 (relating to the Harbor Maintenance Trust Fund) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by inserting ``except as provided in paragraph (4)'', before ``to carry out''; (B) in paragraph (3), by striking the period at the end and inserting a comma; and (C) by adding at the end the following new paragraph: ``(4) to carry out subsections (a)(3) and (c) of section 210 of the Water Resources Development Act of 1986.''; and (2) by adding at the end the following new subsection: ``(e) Marine Navigation Safety Account.-- ``(1) In general.--There is hereby established in the Harbor Maintenance Trust Fund a separate account to be known as the `Marine Navigation Safety Account', consisting of such amounts as may be transferred or credited to the account pursuant to this subsection or section 9602(b). ``(2) Transfers to account.-- ``(A) 1991 and 1992.--Not later than 30 days after the date of the enactment of the Marine Navigation Safety Improvement Act of 1993, the Secretary shall transfer to the Marine Navigation Safety Account an amount not to exceed the sum of-- ``(i) 8 percent of the amount of taxes received in the Treasury under section 4461 for the calendar years 1991 and 1992; and ``(ii) interest on the amount referred to in clause (i) for the calendar years 1991 and 1992, credited pursuant to section 9602(b)(3). ``(B) 1993 and each subsequent year.--For calendar year 1993, and for each calendar year thereafter, the Secretary shall transfer to the Marine Navigation Safety Account an amount equal to the sum of-- ``(i) 8 percent of the amount of taxes received in the Treasury pursuant to section 4461; and ``(ii) interest on the amount referred to in clause (i) for the calendar year, credited pursuant to section 9602(b)(3). ``(3) Expenditures from account.--Amounts in the Marine Navigation Safety Account shall be available, as provided in appropriations Acts, to carry out the programs and activities of the National Oceanic and Atmospheric Administration of the Department of Commerce related to commercial marine navigation described in section 210(c) of the Water Resources Development Act of 1986.''. SEC. 3. AMENDMENT TO THE WATER RESOURCES DEVELOPMENT ACT OF 1986. Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) from the Marine Navigation Safety Account established under section 9505(e) of the Internal Revenue Code of 1986, to carry out the programs and activities of the National Oceanic and Atmospheric Administration of the Department of Commerce related to commercial marine navigation described in subsection (c).''; and (2) by adding at the end the following new subsection: ``(c) Commercial Marine Navigation.--The amounts authorized to be appropriated under subsection (a)(3) shall remain available until expended, and shall-- ``(1) be made available to the Secretary of Commerce to support, either directly or by contract, the nautical charting and marine navigational safety programs and such other activities of the National Oceanic and Atmospheric Administration related to commercial marine navigation as the Secretary determines to be appropriate, including-- ``(A) the nautical charting program; ``(B) marine tides and circulation programs; ``(C) charting survey ship support; and ``(D) marine weather services applicable to commercial navigation safety in the waters of the United States; and ``(2) be used by the Secretary of Commerce, subject to the following conditions: ``(A)(i) Funds transferred to the Marine Navigation Safety Account pursuant to section 9505(e)(2)(A) of the Internal Revenue Code of 1986 shall be used only for the purposes of enabling, modernizing, enhancing, or expanding the capabilities of the National Oceanic and Atmospheric Administration to conduct the programs and activities referred to in paragraph (1). ``(ii) No portion of the funds referred to in clause (i) may be used to offset funds made available for the purposes referred to in clause (i) through appropriations to the Operations, Research, and Facilities account of the National Oceanic and Atmospheric Administration. ``(B)(i) Funds transferred to the Marine Navigation Safety Account pursuant to section 9505(e)(2)(B) of the Internal Revenue Code of 1986 may be used for the following purposes: ``(I) Conducting the operational aspects of the programs and activities referred to in paragraph (1). ``(II) Enabling, modernizing, enhancing, or expanding the capabilities of the National Oceanic and Atmospheric Administration to conduct the programs and activities referred to in paragraph (1). ``(ii) Not more than 50 percent of the funds referred to in clause (i) may be used to offset funds previously made available for the purposes referred to in clause (i) through appropriations to the Operations, Research and Facilities account of the National Oceanic and Atmospheric Administration.''.", "summary": "Marine Navigation Safety Improvement Act of 1993 - Amends the Internal Revenue Code to establish within the Harbor Maintenance Trust Fund the Marine Navigation Safety Account. Funds such Account with transfers of specified amounts from the Harbor Maintenance Trust Fund. Directs that amounts in the Account be available to carry out the programs and activities of the National Oceanic and Atmospheric Administration of the Department of Commerce relating to nautical charting and marine navigational safety programs as specified."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Librarian Education and Development Act of 2003''. SEC. 2. LOAN FORGIVENESS FOR LIBRARIANS. (a) FFEL Loans.-- (1) Amendment.--Section 428J(b) of the Higher Education Act of 1965 (20 U.S.C 1078-10(b)) is amended by striking paragraph (1) and inserting the following: ``(1)(A) has been employed-- ``(i) as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; or ``(ii) as a full-time librarian for 5 consecutive complete school years in-- ``(I) a public library that serves a geographic area within which the public schools have a combined average of 30 percent or more of their total student enrollments composed of children counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965; or ``(II) a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; and ``(B)(i) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and ``(ii) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; and''. (2) Conforming amendments.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended-- (A) in subsection (f), by striking ``subsection (b)'' and inserting ``subsection (b)(1)(A)(i)''; and (B) in subsection (g)(1)(A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''. (b) Direct Student Loan Forgiveness.-- (1) Amendment.--Section 460(b)(1) of the Higher Education Act of 1965 (20 U.S.C 1087j) is amended by striking subparagraph (A) and inserting the following: ``(A)(i) has been employed-- ``(I) as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; or ``(II) as a full-time librarian for 5 consecutive complete school years in-- ``(aa) a public library that serves a geographic area within which the public schools have a combined average of 30 percent or more of their total student enrollments composed of children counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965; or ``(bb) a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; and ``(ii)(I) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and ``(II) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; and''. (2) Conforming amendments.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (A) in subsection (f), by striking ``subsection (b)'' and inserting ``subsection (b)(1)(A)(i)(I)''; and (B) in subsection (g)(1)(A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)(I)''. (c) Perkins Loans.--Section 465(a) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)) is amended-- (1) in paragraph (2)-- (A) by striking ``section 111(c)'' in subparagraph (A) and inserting ``section 1113(a)(5)''; (B) by striking ``or'' at the end of subparagraph (H); (C) by striking the period at the end of subparagraph (I) and inserting ``; or''; and (D) by inserting after subparagraph (I) the following new subparagraph: ``(J) as a full-time librarian in-- ``(i) a public library that serves a geographic area within which the public schools have a combined average of 30 percent or more of their total student enrollments composed of children counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965; or ``(ii) an elementary or secondary school which is in the school district of a local educational agency which is eligible in such year for assistance pursuant to title I of the Elementary and Secondary Education Act of 1965, and which for the purpose of this paragraph and for that year has been determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total enrollment of that school.''; and (2) in paragraph (3)(A)(i), by striking out ``(H), or (I)'' and inserting ``(H), (I), or (J)''. SEC. 3. EFFECTIVE DATE. The amendments made by section 1 shall apply with respect to any year of service that is completed after the date of enactment of this Act.", "summary": "Librarian Education and Development Act of 2003 - Amends the Higher Education Act of 1965 to provide for certain types of student loan forgiveness for librarians (as well as, currently, for teachers) in low-income areas where public schools have a combined average of 30 percent or more of their total student enrollments composed of children counted as disadvantaged under title I of the Elementary and Secondary Education Act of 1965."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Access to Affordable Pharmaceuticals Act'' or the ``GAAP Act of 2000''. SEC. 2. NEW DRUG APPLICATIONS. (a) Limitations on the Use of Patents To Prevent Approval of Abbreviated New Drug Applications.--Section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``the drug for which such investigations were conducted or which claims a use for such drug for which the applicant is seeking approval under this subsection'' and inserting ``an active ingredient of the drug for which such investigations were conducted, alone or in combination with another active ingredient or which claims the first approved use for such drug for which the applicant is seeking approval under this subsection''; and (B) in clause (iv), by striking ``; and'' and inserting a period; (2) in the matter preceding subparagraph (A), by striking ``shall also include--'' and all that follows through ``a certification'' and inserting ``shall also include a certification''; (3) by striking subparagraph (B); and (4) by redesignating clauses (i) through (iv) as subparagraphs (A) through (D), respectively, and aligning the margins of the subparagraphs with the margins of subparagraph (A) of section 505(c)(1) of that Act (21 U.S.C. 355(c)(1)). (b) Abbreviated New Drug Applications.--Section 505(j)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is amended-- (1) in clause (vi), by striking the semicolon and inserting ``; and''; and (2) in clause (vii)-- (A) in the matter preceding subclause (I), by striking ``the listed drug referred to in clause (i) or which claims a use for such listed drug for which the applicant is seeking approval under this subsection'' and inserting ``an active ingredient of the listed drug referred to in clause (i), alone or in combination with another active ingredient or which claims the first approved use for such drug for which the applicant is seeking approval under this subsection''; (B) in subclause (IV), by striking ``; and'' and inserting a period; and (C) by striking clause (viii). (c) Effective Date.--The amendments made by this section shall only be effective with respect to a listed drug for which no certification pursuant to section 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug, Cosmetic Act was made prior to the date of enactment of this Act. SEC. 3. CITIZEN PETITION REVIEW. Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) Notwithstanding any other provision of law, the submission of a citizen's petition filed pursuant to section 10.30 of title 21, Code of Federal Regulations, with respect to an application submitted under paragraph (2)(A), shall not cause the Secretary to delay review and approval of such application, unless such petition demonstrates through substantial scientific proof that approval of such application would pose a threat to public health and safety.''. SEC. 4. BIOEQUIVALENCE TESTING METHODS. Section 505(j)(8)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(8)(B)) is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(iii) the effects of the drug and the listed drug do not show a significant difference based on tests (other than tests that assess rate and extent of absorption), including comparative pharmacodynamic studies, limited confirmation studies, or in vitro methods, that demonstrate that no significant differences in therapeutic effects of active or inactive ingredients are expected.''. SEC. 5. ACCELERATED GENERIC DRUG COMPETITION. (a) In General.--Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended-- (1) in subparagraph (B)(iv), by striking subclause (II) and inserting the following: ``(II) the date of a final decision of a court in an action described in clause (ii) from which no appeal can or has been taken, or the date of a settlement order or consent decree signed by a Federal judge, that enters a final judgement, and includes a finding that the relevant patents that are the subject of the certification involved are invalid or not infringed, whichever is earlier,''; (2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (3) by inserting after subparagraph (B), the following: ``(C) The one-hundred and eighty day period described in subparagraph (B)(iv) shall become available to the next applicant submitting an application containing a certification described in paragraph (2)(A)(vii)(IV) if the previous applicant fails to commence commercial marketing of its drug product once its application is made effective, withdraws its application, or amends the certification from a certification under subclause (IV) to a certification under subclause (III) of such paragraph, either voluntarily or as a result of a settlement or defeat in patent litigation.''. (b) Effective Date.--The amendments made by this section shall only be effective with respect to an application filed under section 505(j) of the Federal Food, Drug, Cosmetic Act for a listed drug for which no certification pursuant to 505(j)(2)(A)(vii)(IV) of such Act was made prior to the date of enactment of this Act. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that measures should be taken to effectuate the purpose of the Drug Price Competition and Patent Term Restoration Act of 1984 (referred to in this section as the ``Hatch- Waxman Act'') to make generic drugs more available and accessible, and thereby reduce health care costs, including measures that require manufacturers of a drug for which an application is approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 255(c)) desiring to extend a patent of such drug to utilize the patent extension procedure provided under the Hatch-Waxman Act. SEC. 7. CONFORMING AMENDMENTS. (a) Applications.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b)(3), in subparagraphs (A) and (C), by striking ``paragraph (2)(A)(iv)'' and inserting ``paragraph (2)''; (2) in subsection (c)(3)-- (A) in subparagraph (A), by striking ``clause (i) or (ii) of subsection (b)(2)(A)'' and inserting ``subparagraph (A) or (B) of subsection (b)(2)''; (B) in subparagraph (B), by striking ``clause (iii) of subsection (b)(2)(A)'' and all that follows through the period and inserting ``subparagraph (C) of subsection (b)(2), the approval may be made effective on the date certified under subparagraph (C).''; (C) in subparagraph (C), by striking ``clause (iv) of subsection (b)(2)(A)'' and inserting ``subparagraph (D) of subsection (b)(2)''; and (D) in subparagraph (D)(ii), by striking ``clause (iv) of subsection (b)(2)(A)'' and inserting ``subparagraph (D) of subsection (b)(2)''; and (3) in subsection (j), in paragraph (2)(A), in the matter following clause (vii)(IV), by striking ``clauses (i) through (viii)'' and inserting ``clauses (i) through (vii)''. (b) Pediatric Studies of Drugs.--Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended-- (1) in subsection (a)(2)-- (A) in clause (i) of subparagraph (A), by striking ``(b)(2)(A)(ii)'' and inserting ``(b)(2)''; (B) in clause (ii) of subparagraph (A), by striking ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and (C) in subparagraph (B), by striking ``subsection (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''; and (2) in subsection (c)(2)-- (A) in clause (i) of subparagraph (A), by striking ``(b)(2)(A)(ii)'' and inserting ``(b)(2)''; (B) in clause (ii) of subparagraph (A), by striking ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and (C) in subparagraph (B), by striking ``subsection (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''. (c) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(kk) For purposes of the references to court decisions in clauses (i) and (iii) of section 505(c)(3)(C) and clauses (iii)(I), (iii)(III) of section 505(j)(5)(B), the term `the court' means the court that enters final judgment from which no appeal (not including a writ of certiorari) can or has been taken.''.", "summary": "States that the filing of a citizen petition review shall not cause the Secretary of Health and Human Services to delay review and approval of an abbreviated new drug application unless the petition demonstrates through substantial scientific proof that approval would pose a threat to public health and safety. Allows a drug to be considered a bioequivalent to a listed drug if the effects of such drug and the listed drug do not show a significant difference based on certain tests or studies. Provides for an accelerated date of approval of a generic drug application. Expresses the sense of Congress that measures should be taken to effectuate the purpose of the Drug Price Competition and Patent Term Restoration Act of 1984 to make generic drugs more available and accessible, thereby reducing health care costs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korean Human Rights Reauthorization Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) The North Korean Human Rights Act of 2004 (Public Law 108- 333; 22 U.S.C. 7801 et seq.) (in this section referred to as ``the Act'') was the product of broad, bipartisan consensus in Congress regarding the promotion of human rights, transparency in the delivery of humanitarian assistance, and refugee protection. (2) In addition to the longstanding commitment of the United States to refugee and human rights advocacy, the United States is home to the largest Korean population outside of northeast Asia, and many in the two-million strong Korean-American community have family ties to North Korea. (3) Human rights and humanitarian conditions inside North Korea are deplorable, North Korean refugees remain acutely vulnerable, and the findings in section 3 of the Act remain accurate today. (4) The Government of China is conducting an increasingly aggressive campaign to locate and forcibly return border-crossers to North Korea, where they routinely face torture and imprisonment, and sometimes execution. According to recent reports, the Chinese Government is shutting down Christian churches and imprisoning people who help North Korean defectors and has increased the bounty paid for turning in North Korean refugees. (5) In an attempt to deter escape attempts, the Government of North Korea has reportedly stepped up its public execution of border-crossers and those who help others cross into China. (6) In spite of the requirement of the Act that the Special Envoy on Human Rights in North Korea (the ``Special Envoy'') report to the Congress no later than April 16, 2005, a Special Envoy was not appointed until August 19, 2005, more than four months after the reporting deadline. (7) The Special Envoy appointed by the President has filled that position on a part-time basis only. (8) Since the passage of the North Korean Human Rights Act, Congress has on several occasions expressed interest in the status of North Korean refugees, and on February 21, 2006, a bipartisan group of senior Members of the House and Senate wrote Secretary of State Condoleezza Rice ``to express [their] deep concern for the lack of progress in funding and implementing the key provisions of the North Korean Human Rights Act'', particularly the lack of North Korean refugee admissions to the United States. (9) Although the United States refugee resettlement program remains the largest in the world by far, the United States has resettled only 37 North Koreans in the period from 2004 through 2007. (10) From the end of 2004 through 2007, the Republic of Korea resettled 5,961 North Koreans. (11) Extensive delays in assessment and processing have led numerous North Korean refugees to abandon their quest for United States resettlement, and long waits (of more than a year in some cases) have been the source of considerable discouragement and frustration among refugees, many of whom are awaiting United States resettlement in circumstances that are unsafe and insecure. (12) From 2000 through 2006, the United States granted asylum to 15 North Koreans, as compared to 60 North Korean asylum grantees in the United Kingdom, and 135 in Germany during that same period. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should continue to make it a priority to seek broader permission and greater cooperation from foreign governments to allow the United States to process North Korean refugees overseas for resettlement in the United States, through persistent diplomacy by senior officials of the United States, including United States ambassadors to Asia-Pacific nations; (2) at the same time that careful screening of intending refugees is important, the United States also should make every effort to ensure that its screening, processing, and resettlement of North Korean refugees are as efficient and expeditious as possible; (3) the Special Envoy for North Korean Human Rights Issues should be a full-time position within the Department of State in order to properly promote and coordinate North Korean human rights and humanitarian issues, and to participate in policy planning and implementation with respect to refugee issues, as intended by the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7801 et seq.); (4) in an effort to more efficiently and actively participate in humanitarian burden-sharing, the United States should approach our ally, the Republic of Korea, to revisit and explore new opportunities for coordinating efforts to screen and resettle North Koreans who have expressed a wish to pursue resettlement in the United States and have not yet availed themselves of any right to citizenship they may enjoy under the Constitution of the Republic of Korea; and (5) because there are genuine refugees among North Koreans fleeing into China who face severe punishments upon their forcible return, the United States should urge the Government of China to-- (A) immediately halt its forcible repatriation of North Koreans; (B) fulfill its obligations pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and the 1995 Agreement on the Upgrading of the UNHCR Mission in the People's Republic of China to UNHCR Branch Office in the People's Republic of China; and (C) allow the United Nations High Commissioner for Refugees (UNHCR) unimpeded access to North Koreans inside China to determine whether they are refugees and whether they require assistance. SEC. 4. DEFINITIONS. Section 5(1)(A) of the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7803(1)(A)) is amended by striking ``International Relations'' and inserting ``Foreign Affairs''. SEC. 5. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS. Section 102(b)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is amended by inserting after ``2008'' the following: ``and $2,000,000 for each of fiscal years 2009 through 2012''. SEC. 6. RADIO BROADCASTING TO NORTH KOREA. Not later than 120 days after the date of the enactment of this Act, the Broadcasting Board of Governors (BBG) shall submit to the appropriate congressional committees, as defined in section 5(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report that describes the status and content of current United States broadcasting to North Korea and the extent to which the BBG has achieved the goal of 12-hour-per-day broadcasting to North Korea pursuant to section 103 of such Act (22 U.S.C. 7813). SEC. 7. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. Section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended-- (1) in subsection (b)(1), by striking ``2008'' and inserting ``2012''; and (2) in subsection (c), by striking ``in each of the 3 years thereafter'' and inserting ``annually through 2012''. SEC. 8. SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES. Section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817) is amended-- (1) in the section heading, by striking ``human rights in north korea'' and inserting ``north korean human rights issues''; (2) in subsection (a)-- (A) in the first sentence-- (i) by striking ``human rights in North Korea'' and inserting ``North Korean human rights issues''; and (ii) by inserting before the period at the end the following: ``, by and with the advice and consent of the Senate''; (B) in the second sentence, by inserting before the period at the end the following: ``who shall have the rank of ambassador and shall hold the office at the pleasure of the President''; (3) in subsection (b), by inserting before the period at the end the following: ``, including, in coordination with the Bureau of Population, Refugees, and Migration, the protection of those people who have fled as refugees''; (4) in subsection (c)-- (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (B) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) participate in the formulation and the implementation of activities carried out pursuant to this Act;''; and (C) in paragraph (5), as so redesignated, by striking ``section 102'' and inserting ``sections 102 and 104''; and (5) in subsection (d), by striking ``for the subsequent 5 year- period'' and inserting ``thereafter through 2012''. SEC. 9. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. Section 201(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831(a)) is amended, in the matter preceding paragraph (1), by striking ``in each of the 2 years thereafter'' and inserting ``annually thereafter through 2012''. SEC. 10. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA. Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833(c)(1)) is amended by striking ``2008'' and inserting ``2012''. SEC. 11. ANNUAL REPORTS. Section 305(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended-- (1) in the subsection heading, by inserting ``and Refugee'' before ``Information''; (2) in the matter preceding paragraph (1)-- (A) by striking ``for each of the following 5 years'' and inserting ``through 2012''; and (B) by striking ``which shall include--'' and inserting ``which shall include the following:''; (3) in paragraph (1)-- (A) by striking ``the number of aliens'' and inserting ``The number of aliens''; and (B) by striking ``; and'' at the end and inserting a period; (4) in paragraph (2), by striking ``the number of aliens'' and inserting ``The number of aliens''; and (5) by adding at the end the following new paragraph: ``(3) A detailed description of the measures undertaken by the Secretary of State to carry out section 303, including country- specific information with respect to United States efforts to secure the cooperation and permission of the governments of countries in East and Southeast Asia to facilitate United States processing of North Koreans seeking protection as refugees. The information required under this paragraph shall be provided in unclassified form, with a classified annex, if necessary.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "North Korean Human Rights Reauthorization Act of 2008 - Expresses the sense of Congress with respect to the resettlement of North Korean refugees. Amends the North Korean Human Rights Act of 2004 to authorize appropriations through FY2012 for: (1) activities to support human rights and democracy and freedom of information (by increasing the availability of non-government controlled sources) in North Korea; and (2) assistance to North Koreans who are outside North Korea. Directs the Broadcasting Board of Governors to report respecting U.S. broadcasting to North Korea and the extent to which the Board has achieved the goal of 12-hour-per-day broadcasting to North Korea. States that the Special Envoy on North Korean human rights issues (as renamed by this Act) in North Korea shall have the rank of ambassador. Extends the Special Envoy's annual congressional reporting requirement through FY2012. Extends the United States Agency for International Development's (USAID) congressional reporting requirement respecting U.S. humanitarian assistance to North Koreans and efforts to improve transparency and monitoring in the provision of such assistance inside North Korea through 2012. Sets forth specified reporting provisions."}
{"article": "SECTION 1. TEMPORARY EXTENSION OF AGRICULTURAL PROGRAMS. (a) Extension.--Except as otherwise provided in this section and notwithstanding any other provision of law, the authorities provided by each provision of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1651) and each amendment made by that Act (and for mandatory programs at such funding levels), as in effect on September 30, 2013, pursuant to the extension and amendments made by section 701 of the American Taxpayer Relief Act of 2012 (Public Law 112-240; 7 U.S.C. 8701 note), shall continue, and the Secretary of Agriculture shall carry out the authorities, until January 31, 2014, except as provided in subsection (b)(1) of such section 701. (b) Suspension of Permanent Price Support Authorities.--The provisions of law specified in subsections (a) through (c) of section 1602 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8782) shall be suspended until January 31, 2014. (c) Supplemental Agricultural Disaster Assistance.--Section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531), as amended by section 702 of the American Taxpayer Relief Act of 2012 (Public Law 112-240), relating to the provision of supplemental agricultural disaster assistance, shall apply through January 31, 2014. (d) Exceptions.-- (1) Nutrition.--Subsection (a) does not apply with respect to mandatory funding provided by the program authorized by the provision of law amended by subsection (d)(2) of section 701 of the American Taxpayer Relief Act of 2012 (Public Law 112-240; 7 U.S.C. 8701 note). (2) Conservation.--Subsection (a) does not apply with respect to the programs specified in paragraphs (3)(B), (4), (6), and (7) of section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)), relating to the conservation stewardship program, farmland protection program, environmental quality incentives program, and wildlife habitat incentives program, for which program authority was extended through fiscal year 2014 by section 716 of Public Law 112-55 (125 Stat. 582). (3) Trade.--Subsection (a) does not apply with respect to the following provisions of law: (A) Section 3206 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c) relating to the use of Commodity Credit Corporation funds to support local and regional food aid procurement projects. (B) Section 3107(l)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(l)(1)) relating to the use of Commodity Credit Corporation funds to carry out the McGovern-Dole International Food for Education and Child Nutrition Program. (4) Survey of foods purchased by school food authorities.-- Subsection (a) does not apply with respect to section 4307 of the Food, Conservation, and Energy Act of 2008 (Public Law 110- 246; 122 Stat. 1893) relating to the use of Commodity Credit Corporation funds for a survey and report regarding foods purchased by school food authorities. (5) Rural development.--Subsection (a) does not apply with respect to the following provisions of law: (A) Section 379E(d)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s(d)(1)), relating to funding of the rural microentrepreneur assistance program. (B) Section 6029 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1955) relating to funding of pending rural development loan and grant applications. (C) Section 231(b)(7)(A) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(b)(7)(A)), relating to funding of value-added agricultural market development program grants. (D) Section 375(e)(6)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) relating to the use of Commodity Credit Corporation funds for the National Sheep Industry Improvement Center. (6) Market loss assistance for asparagus producers.-- Subsection (a) does not apply with respect to section 10404(d) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2112). (7) Supplemental agricultural disaster assistance.-- Subsection (a) does not apply with respect to section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) and title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.) relating to the provision of supplemental agricultural disaster assistance. (8) Pigford claims.--Subsection (a) does not apply with respect to section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2209) relating to determination on the merits of Pigford claims. (9) Heartland, habitat, harvest, and horticulture act of 2008.--Subsection (a) does not apply with respect to title XV of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2246), and amendments made by that title, relating to the provision of supplemental agricultural disaster assistance under title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.), certain revenue and tax provisions, and certain trade benefits and other matters. (e) Effective Date.--This section takes effect as of September 30, 2013. Passed the House of Representatives December 12, 2013. Attest: KAREN L. HAAS, Clerk.", "summary": "Extends until January 31, 2014: (1) specified agricultural programs under the Food, Conservation, and Energy Act of 2008, (2) suspension of permanent price support authorities, and (3) supplemental agricultural disaster assistance. Exempts from such extensions: (1) mandatory funding for nutrition education; (2) the conservation stewardship program, the farmland protection program, the environmental quality incentives program, and the wildlife habitat incentives program; (3) Commodity Credit Corporation funding for local and regional food aid procurement projects, the McGovern-Dole International Food for Education and Child Nutrition Program, and a survey of foods purchased by school food authorities; (4) rural development programs for micro entrepreneur assistance, pending rural development loans and grants, value-added agricultural market development grants, and the National Sheep Industry Improvement Center; (5) market loss assistance for asparagus producers; (6) supplemental agricultural disaster assistance; (7) Pigford claims determinations; and (8) specified requirements of the Heartland, Habitat, Harvest, and Horticulture Act of 2008 relating to supplemental agricultural disaster assistance, revenue and tax, and trade. Backdates the effective date of this Act to September 30, 2013."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fans Rights Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) professional sports teams foster a strong local identity with the people of the cities and regions in which they are located, providing a source of civic pride for their supporters; (2) professional sports teams provide employment opportunities, revenues, and a valuable form of entertainment for the cities and regions in which they are located; (3) there are significant public investments associated with professional sports facilities; (4) it is in the public interest to encourage professional sports leagues to operate under policies that promote stability among their member teams and to promote the equitable resolution of disputes arising from the proposed relocation of professional sports teams; and (5) professional sports teams travel in interstate to compete and utilize materials shipped in interstate commerce, and professional sports games are broadcast nationally. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``home territory'' means the geographic area within which a member team operates and plays the majority of its home games, as defined in the governing agreement or agreements of the relevant league on November 1, 1995, or upon the commencement of operations of any league after such date; (2) the term ``interested party'' includes-- (A) any local government that has provided financial assistance, including tax abatement, to the facilities in which the team plays; (B) a representative of the local government for the locality in which a member team's stadium or arena is located; (C) a member team; (D) the owner or operator of a stadium or arena of a member team; and (E) any other affected party, as designated by the relevant league; (3) the term ``local government'' means a city, county, parish, town, township, village, or any other general governmental unit established under State law; (4) the terms ``member team'' and ``team'' mean any team of professional athletes-- (A) organized to play major league football, basketball, hockey, or baseball; and (B) that is a member of a professional sports league; (5) the term ``person'' means any individual, partnership, corporation, or unincorporated association, any combination or association thereof, or any political subdivision; (6) the terms ``professional sports league'' and ``league'' mean an association that-- (A) is composed of 2 or more member teams; (B) regulates the contests and exhibitions of its member teams; and (C) has been engaged in competition in a particular sport for more than 7 years; and (7) the terms ``stadium'' and ``arena'' mean the principal physical facility within which a member team plays the majority of its home games. SEC. 4. CLARIFICATION OF ANTITRUST LAWS RELATED TO THE RELOCATION AND RELOCATION DETERMINATION CRITERIA. (a) Application of Antitrust Laws.--It shall not be unlawful by reason of any provision of the antitrust laws for a professional sports league to enforce rules authorizing the membership of the league to decide that a member club of such league shall not be relocated. (b) Criteria for Relocation Decisions.--Notwithstanding any other law, prior to making a decision to approve or disapprove the relocation of a member team, a professional sports league shall take into consideration-- (1) the extent to which fan loyalty to and support for the team has been demonstrated during the team's tenure in the community; (2) the degree to which the team has engaged in good faith negotiations with appropriate persons concerning terms and conditions under which the team would continue to play its games in the community or elsewhere within its home territory; (3) the degree to which the ownership or management of the team has contributed to any circumstances that might demonstrate the need for the relocation; (4) the extent to which the team, directly or indirectly, received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of public financial support; (5) the adequacy of the stadium in which the team played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility; (6) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team; (7) whether any other team in the league is located in the community in which the team is located; (8) whether the team proposes to relocate to a community in which no other team in the league is located; (9) whether the stadium authority, if public, is opposed to the relocation; and (10) whether there is a bona fide investor offering fair market value for the member team and seeking to retain the team in the home territory. SEC. 5. NOTICE OF PROPOSED CHANGE IN HOME TERRITORY AND RIGHT OF FIRST REFUSAL. (a) In General.--Any person seeking to change the home territory of a member team to a location other than the location of such member team's home territory shall furnish notice of such proposed change not later than 180 days before the commencement of the season in which the member team is to play in such other location. (b) Parties Entitled to Receive Notice.--The notice required under subsection (a) shall be furnished to all interested parties. (c) Requirements.--The notice shall-- (1) be in writing and delivered in person or by certified mail; (2) be made available to the news media; (3) be published in 1 or more newspapers of general circulation within the member team's home territory; and (4) contain-- (A) an identification of the proposed new location of such member team; (B) a summary of the reasons for the change in home territory based on the criteria listed in section 4(b); and (C) the date on which the proposed change would become effective. (d) Opportunity to Purchase.-- (1) In general.--During the 180-day notice period under subsection (a), a local government, stadium, arena authority, person, or any combination thereof, may prepare and present a proposal to purchase the member team to retain the team in the home territory. (2) Membership in league.--If a bid under paragraph (1) is successful, the professional sports league of the member team shall not prohibit membership in the league on the basis that the new ownership of the member team is made up of multiple owners or that the new ownership includes 1 or more local governments. (e) Opportunity to Induce Team to Stay.--During the 180-day notice period under subsection (a), a local government, stadium authority, person, or any combination thereof, shall be given the opportunity to prepare and present a proposal to induce the member team to remain in its home territory. (f) Response.--The response of the owner to any offer made under subsection (d) or (e) shall-- (1) be in writing and delivered in person or by certified mail; and (2) state in detail the reasons for refusal of any bona fide offer. (g) Determination by League.-- (1) In general.--The professional sports league shall make a determination with respect to the location of such member team's home territory before the expiration of the 180-day notice period required by this section. (2) Hearings.--In making a determination under this subsection, the professional sports league shall conduct a hearing at which interested parties are afforded an opportunity to present oral or written testimony regarding a change in the location of a member team's home territory. The league shall keep a record of all such proceedings. (3) Consideration of proposals.--The professional sports league shall take into account any inducement proposal that has been offered under subsection (e). (h) Considerations.--In determining whether to approve or disapprove the relocation of a member team, a professional sports league shall take into consideration the criteria listed in section 4(b). SEC. 6. JUDICIAL REVIEW. (a) In General.--A decision by a professional sports league to approve or disapprove the relocation of a member team may be reviewed in a civil action brought by an interested party. (b) Venue.-- (1) In general.--Subject to paragraph (3), venue shall be proper in any district court of the United States having jurisdiction over the action under section 1331 of title 28, United States Code. (2) Change of venue.--Subject to paragraph (3), upon the motion of any party, the district court may, for the convenience of the parties or in the interests of justice, transfer an action brought under this section to any district that has jurisdiction over such action under section 1331 of title 28, United States Code. (3) Limitation.--No action may be brought under this section in any United States district court of the State that contains-- (A) the member club's home territory; or (B) the proposed location of such member club. (c) Additional Proceedings.--In any case in which the interested parties have not been afforded an opportunity to present oral or written testimony in accordance with section 5(f), the district court may, by order, require the relevant professional sports league to conduct additional proceedings at which such testimony may be presented, and to reconsider its decision to approve or disapprove the relocation based on such testimony. Not later than 30 days after the date of any such order, the league shall reconsider and resubmit its decision to the district court, and the district court shall review such decision in accordance with this section. (d) No Waiver of Rights.--Nothing in this Act shall be construed to require the waiver of any legal rights in existence prior to the date of enactment of this Act. SEC. 7. INAPPLICABILITY TO CERTAIN MATTERS. (a) In General.--Nothing contained in this Act shall-- (1) alter, determine, or otherwise affect the applicability or inapplicability of the antitrust laws, the labor laws, or any other provision of law relating to the wages, hours, or other terms and conditions of employment of players in any professional sports league, to any employment matter regarding players in any such league, or to any collective bargaining rights and privilege of any player union in any such league; (2) alter or affect the applicability or inapplicability of the antitrust laws or any applicable Federal or State law relating to broadcasting or telecasting, including section 1291 of title 15, United States Code, any agreement between any professional sports league or its member teams, and any person not affiliated with such a league for the broadcasting or telecasting of the games of such league or its member teams on any form of television; (3) affect any contract, or provision of a contract, relating to the use of a stadium or arena between a member team and the owner or operator of any stadium or arena or any other person; (4) exempt from the antitrust laws any agreement to fix the prices of admission to sports contests; (5) exempt from the antitrust laws any predatory practice or other conduct with respect to competing sports leagues that would otherwise be unlawful under the antitrust laws; or (6) except as provided in this Act, alter, determine, or otherwise affect the applicability or inapplicability of the antitrust laws to any act, contract, agreement, rule, course of conduct, or other activity by, between, or among persons engaging in, conducting, or participating in professional football, basketball, hockey, or baseball. (b) Definition.--As used in this section, the term ``antitrust laws'' shall have the meaning given to such term in the first section of the Clayton Act (15 U.S.C. 12) and in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). SEC. 8. ATTEMPTS TO INFLUENCE RELOCATION DECISIONS. It shall be unlawful for any person, including a member team, owner, or affiliated party, or any State or political subdivision, to make or offer to make a payment of money or to provide or arrange with others for the provision of other value to a league or to any of its members in connection with a decision regarding the relocation of a member team. SEC. 9. EFFECTIVE DATE. This Act shall apply to any relocation of the home territory of a member team that occurs on or after October 1, 1995.", "summary": "Fans Rights Act of 1995 - Declares that it shall not be unlawful by reason of any provision of the antitrust laws for a professional sports league to enforce rules authorizing the membership of the league to decide that a member club of such league shall not be relocated. Sets forth criteria for relocation decisions by leagues, including: (1) fan loyalty; (2) the extent to which the team received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of such support; (3) the adequacy of the stadium in which the team played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility; and (4) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team. Requires any person seeking to change the home territory of a member team to furnish notice to all interested parties of the proposed change not later than 180 days before the commencement of the season in which the member team is to play in such other location. Sets forth notice requirements. Provides that, during the 180-day notice period, a local government, stadium, arena authority, person, or any combination thereof: (1) may prepare and present a proposal to purchase the member team to retain the team in the home territory; and (2) shall be given the opportunity to prepare and present such a proposal. Requires the response of the owner to any offer made to be in writing and delivered in person or by certified mail, stating in detail the reasons for refusal of any bona fide offer. Directs the league to make a determination with respect to the location of such member team's home territory before the expiration of the notice period, after conducting a hearing at which interested parties are afforded an opportunity to present testimony. Sets forth provisions regarding judicial review. Prohibits making or offering to make a payment, or to provide or arrange with others for the provision of other value, to a league or any of its members in connection with a decision regarding the relocation of a member team."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Protection Act of 1995''. SEC. 2. FEDERAL POLICY AND DIRECTION. (a) General Policy.--It is the policy of the Federal Government that no law or agency action should limit the use of privately owned property so as to diminish its value. (b) Application to Federal Agency Action.--Each Federal agency, officer, and employee should exercise Federal authority to ensure that agency action will not limit the use of privately owned property so as to diminish its value. SEC. 3. RIGHT TO COMPENSATION. (a) In General.--The Federal Government shall compensate an owner of property whose use of any portion of that property has been limited by an agency action, under a specified regulatory law, that diminishes the fair market value of that portion by 20 percent or more. The amount of the compensation shall equal the diminution in value that resulted from the agency action. If the diminution in value of a portion of that property is greater than 50 percent, at the option of the owner, the Federal Government shall buy that portion of the property for its fair market value. (b) Duration of Limitation on Use.--Property with respect to which compensation has been paid under this Act shall not thereafter be used contrary to the limitation imposed by the agency action, even if that action is later rescinded or otherwise vitiated. However, if that action is later rescinded or otherwise vitiated, and the owner elects to refund the amount of the compensation, adjusted for inflation, to the Treasury of the United States, the property may be so used. SEC. 4. EFFECT OF STATE LAW. If a use is a nuisance as defined by the law of a State or is already prohibited under a local zoning ordinance, no compensation shall be made under this Act with respect to a limitation on that use. SEC. 5. EXCEPTIONS. (a) Prevention of Hazard to Health or Safety or Damage to Specific Property.--No compensation shall be made under this Act with respect to an agency action the primary purpose of which is to prevent an identifiable-- (1) hazard to public health or safety; or (2) damage to specific property other than the property whose use is limited. (b) Navigation Servitude.--No compensation shall be made under this Act with respect to an agency action pursuant to the Federal navigation servitude, as defined by the courts of the United States, except to the extent such servitude is interpreted to apply to wetlands. SEC. 6. PROCEDURE. (a) Request of Owner.--An owner seeking compensation under this Act shall make a written request for compensation to the agency whose agency action resulted in the limitation. No such request may be made later than 180 days after the owner receives actual notice of that agency action. (b) Negotiations.--The agency may bargain with that owner to establish the amount of the compensation. If the agency and the owner agree to such an amount, the agency shall promptly pay the owner the amount agreed upon. (c) Choice of Remedies.--If, not later than 180 days after the written request is made, the parties do not come to an agreement as to the right to and amount of compensation, the owner may choose to take the matter to binding arbitration or seek compensation in a civil action. (d) Arbitration.--The procedures that govern the arbitration shall, as nearly as practicable, be those established under title 9, United States Code, for arbitration proceedings to which that title applies. An award made in such arbitration shall include a reasonable attorney's fee and other arbitration costs (including appraisal fees). The agency shall promptly pay any award made to the owner. (e) Civil Action.--An owner who does not choose arbitration, or who does not receive prompt payment when required by this section, may obtain appropriate relief in a civil action against the agency. An owner who prevails in a civil action under this section shall be entitled to, and the agency shall be liable for, a reasonable attorney's fee and other litigation costs (including appraisal fees). The court shall award interest on the amount of any compensation from the time of the limitation. (f) Source of Payments.--Any payment made under this section to an owner, and any judgment obtained by an owner in a civil action under this section shall, notwithstanding any other provision of law, be made from the annual appropriation of the agency whose action occasioned the payment or judgment. If the agency action resulted from a requirement imposed by another agency, then the agency making the payment or satisfying the judgment may seek partial or complete reimbursement from the appropriated funds of the other agency. For this purpose the head of the agency concerned may transfer or reprogram any appropriated funds available to the agency. If insufficient funds exist for the payment or to satisfy the judgment, it shall be the duty of the head of the agency to seek the appropriation of such funds for the next fiscal year. SEC. 7. LIMITATION. Notwithstanding any other provision of law, any obligation of the United States to make any payment under this Act shall be subject to the availability of appropriations. SEC. 8. DUTY OF NOTICE TO OWNERS. Whenever an agency takes an agency action limiting the use of private property, the agency shall give appropriate notice to the owners of that property directly affected explaining their rights under this Act and the procedures for obtaining any compensation that may be due to them under this Act. SEC. 9. RULES OF CONSTRUCTION. (a) Effect on Constitutional Right to Compensation.--Nothing in this Act shall be construed to limit any right to compensation that exists under the Constitution or under other laws of the United States. (b) Effect of Payment.--Payment of compensation under this Act (other than when the property is bought by the Federal Government at the option of the owner) shall not confer any rights on the Federal Government other than the limitation on use resulting from the agency action. SEC. 10. DEFINITIONS. For the purposes of this Act-- (1) the term ``property'' means land and includes the right to use or receive water; (2) a use of property is limited by an agency action if a particular legal right to use that property no longer exists because of the action; (3) the term ``agency action'' has the meaning given that term in section 551 of title 5, United States Code, but also includes the making of a grant to a public authority conditioned upon an action by the recipient that would constitute a limitation if done directly by the agency; (4) the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code; (5) the term ``specified regulatory law'' means-- (A) section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (B) the Endangered Species Act of 1979 (16 U.S.C. 1531 et seq.); (C) title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.); or (D) with respect to an owner's right to use or receive water only-- (i) the Act of June 17, 1902, and all Acts amendatory thereof or supplementary thereto, popularly called the ``Reclamation Acts'' (43 U.S.C. 371 et seq.); (ii) the Federal Land Policy Management Act (43 U.S.C. 1701 et seq.); or (iii) section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604); (6) the term ``fair market value'' means the most probable price at which property would change hands, in a competitive and open market under all conditions requisite to a fair sale, between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts, at the time the agency action occurs; (7) the term ``State'' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States; and (8) the term ``law of the State'' includes the law of a political subdivision of a State. Passed the House of Representatives March 3, 1995. Attest: ROBIN H. CARLE, Clerk.", "summary": "Private Property Protection Act of 1995 - Requires the Federal Government to compensate a property owner whose use of that property has been limited by an agency action, pursuant to a specified regulatory law, that diminishes the fair market value of that property by 20 percent or more, for that diminution in value. Requires the Government to buy at fair market value any portion of a property whose value has been diminished by more than 50 percent. Declares that property with respect to which compensation has been paid under this Act shall not thereafter be used contrary to the limitation imposed by the agency action, unless: (1) the action is later rescinded or vitiated; and (2) the property owner refunds the amount of the compensation to the Treasury. Provides that if a use is a nuisance as defined by State law or local zoning ordinance, no compensation shall be made under this Act with respect to a limitation on that use. Prohibits compensation from being made under this Act with respect to: (1) an agency action the primary purpose of which is to prevent an identifiable hazard to public health and safety or damage to specific property other than the property whose use is limited; or (2) an agency action pursuant to the Federal navigational servitude, except as such servitude is applied by U.S. courts to wetlands. Sets forth the procedures by which a property owner may seek compensation under this Act. Subjects any payment under this Act to the availability of appropriations. Requires any agency taking an action limiting private property use to give appropriate notice of rights and compensation procedures to the property owners. Declares that: (1) nothing in this Act shall be construed to limit any right to compensation under the Constitution or other Federal law; and (2) payment of compensation shall not confer on the Federal Government any rights other than the use limitation resulting from the agency action."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Full-Service Schools Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Congressional Findings.--The Congress finds that-- (1) one in five children entering school in 1993 lives in poverty; (2) students from poor families are three times more likely to drop out of school than students from more advantaged homes; (3) nearly 40 percent of the females who drop out of school do so as a result of pregnancy; (4) in the past two decades, the percentage of women with children under the age of six who are working or seeking employment outside the home has nearly doubled; (5) more than 8 million children in this country have no form of health insurance which may lead to untreated conditions, unnecessary diseases and death; (6) more than 70 percent of the children who need psychiatric treatment do not receive services; (7) children who are victims of child abuse, poverty, malnutrition, lack of health care, alcohol and drug abuse are at risk for failure; (8) without health and social intervention, at-risk children are often unable to improve academic performance; and (9) to obtain improvements in the educational system, an integrated system which includes comprehensive health and human services for at-risk children and their families is necessary. (b) Purpose.--It is the purpose of this Act-- (1) to integrate service delivery systems to provide comprehensive public education, training, health and human services to at-risk children at locations accessible to and utilized by such children and their families; (2) to achieve systemic reform at the Federal, State, and local levels and to restructure service delivery at the local level; and (3) to improve the educational performance of at-risk children. SEC. 3. ESTABLISHMENT OF FEDERAL INTERAGENCY WORK GROUP. (a) In General.--There is established the Federal Interagency Work Group composed of the Secretaries of Education, Health and Human Services, and Labor and funded equally by the departments of the representative Secretaries to facilitate collaboration between agencies and to mobilize Federal policy to achieve systemic reform to meet the comprehensive needs of at-risk children and to provide grants to the States and local entities to develop similar programs at the State and local levels. (b) Duties.--The Group shall-- (1) assist Federal, State, and local agencies in developing, implementing, and evaluating service integration programs under this Act; (2) to the greatest extent possible, coordinate agency resources and funding allowing for the consolidation of Federal categorical programs, when requests for such waivers are made; (3) establish and maintain a national data base that includes the collaborative efforts of the Government, the States, local entities, and private entities to serve at-risk children; (4) make grants to the States to develop an interagency work group and fund local efforts to integrate services for at- risk youth and their families; (5) determine the amounts of each grant by considering how many local project sites the State interagency group can reasonably target with not more than $200,000 allocated to a site; and (6) waive certain Federal requirements that impede collaborative efforts if such waivers will result in a more efficient use of resources. (c) Fiscal Agent.--The Secretary of Education shall act as the fiscal agent for the Group. SEC. 4. STATE ELIGIBILITY. To be eligible to receive a grant under this Act, a State shall-- (1) establish a State interagency work group between, at a minimum, the departments at the State level that provide public education and health and human services; (2) develop preservice and inservice training that assists staff members to understand the communities in which they work and the full array of resources that are available to help at- risk children and their families; (3) require equal financial or in-kind contributions by the departments referred to in paragraph (1); (4) state as a goal the integration of existing funding sources from the departments represented; (5) designate a fiscal agent to be responsible for the receipt and disbursement of Federal funds; (6) provide assurances that successful programs will be used as models and that information regarding program successes are disseminated throughout the State; and (7) assist local entities in developing interagency agreements at the local level. SEC. 5. LOCAL ELIGIBILITY. To be eligible to receive a grant under this Act, a local entity shall-- (1) develop a community planning process that includes-- (A) parents and family members; (B) local school officials; (C) officials from institutions of higher education if such institutions are located in the local area; (D) public and private nonprofit organizations that provide health care, education, employment training services, child protective services or other human services; and (E) teachers selected by a local teacher association; (2) develop mandatory services as recommended by the planning group under paragraph (1); (3) if located in a city with a population of 100,000 or more individuals-- (A) establish a local interagency work group between a local educational agency eligible for funds for chapter 1 of title I of the Elementary and Secondary Education Act of 1965 and, at a minimum, 1 nonprofit community-based organization which has provided social services to low-income, at-risk youth and their families; and (B) include parents in the operation and governance of the local interagency work group; (4) require equal financial or in-kind contributions of the local educational agency and entities represented; (5) give an assurance that such entity shall make a reasonable effort to initiate structural reform; and (6) designate a fiscal agent to receive funds from the State under this Act. SEC. 6. APPLICATIONS. (a) State Applications.--(1) A State that desires to receive a grant under this Act shall submit an application to the Federal Interagency Work Group in such form and containing such information as the Federal Interagency Work Group may reasonably require and which includes-- (A) assurances that the eligibility requirements under section 4 are or shall be met; and (B) program goals and objectives, including an approximation of use for the number of project sites per State. (2) The Federal Interagency Work Group shall give priority consideration to States that include in the State interagency work group, nonprofit agencies, and private profit agencies that have worked with disadvantaged children and their families. (b) Local Applications.--A local entity that desires to receive a grant under this Act shall submit an application to the State interagency work group in such form and containing such information as the State may reasonably require and which includes-- (A) assurances that the eligibility requirements under section 5 are or shall be met; and (B) specifications regarding the targeted areas, goals of the community, interim progress goals and the intended outcomes. SEC. 7. GRANT LIMITATIONS. (a) State Limitation.--A State interagency group that receives funds under this Act may not use more than $100,000 or not more than 3 percent, whichever is less, of such funds for administrative and staff costs to establish an interagency work group. The balance of such funds shall be distributed to local entities. (b) Local Limitation.--A local educational agency that receives funds under this Act may not use more than 5 percent of such funds for administrative and staff costs to establish an interagency work group and not more than $200,000 per site. SEC. 8. PROGRAM ACTIVITIES. (a) Improvement Programs.--A local entity that receives funds under this Act shall develop or expand programs that are designed to improve educational performance by-- (1) reducing school dropout rates; (2) reducing teenage pregnancy rates; (3) increasing the number of students who return to school after dropping out; (4) improving access to primary health care for families and their children; (5) increasing adult/family literacy; or (6) reducing the number of children in unsupervised settings before and after school, holidays, and during the summer months. (b) Optional Activities.--A local entity that receives funds under this Act may develop a variety of programs to serve the comprehensive needs of students, including-- (1) job training and employment services; (2) homework assistance and after school programs; (3) mental health and family counseling; (4) nutrition education and services; (5) health care services; (6) bilingual education programs; (7) parental training programs; and (8) adult literacy programs. SEC. 9. REPORTS. (a) Local Reports.--A local interagency work group that receives funds under this Act shall submit to the State interagency work group an annual report that describes and evaluates the services provided, including costs and benefits of services, including progress toward meeting goals and revised objectives. (b) State Reports.--A State interagency work group that receives funds under this Act shall submit to the Federal Interagency Work Group a report not later than the end of the second calendar year during which funds are received that evaluates the effectiveness of local programs in developing and maintaining integrated services for at-risk children. (c) Federal Reports.--The Federal Interagency Work Group that receives funds under this Act shall submit to the Congress a report not later than three years after the date of the enactment of this Act that includes a detailed analysis of student outcomes (such as dropout rates, academic performance, and usage of drug and alcohol) and systems outcomes (effectiveness of cooperative agreements between education and service agencies). SEC. 10. DEFINITIONS. For purposes of this Act-- (1) the term ``at-risk children'' means individuals from birth to 18 years of age, who attend a public school where 75 percent or more (for elementary) and 60 percent or more (for secondary) of the students are eligible for the free and reduced price lunch program, or are Native Americans attending schools where the student population is composed of a majority of Native Americans; (2) the term ``local entity'' means a local educational agency and a community-based organization as defined in section 1471 of the Elementary and Secondary Education Act of 1965; and (3) the term ``State'' has the same meaning as such term in section 1471 of the Elementary and Secondary Education Act of 1965. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $72,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out the programs under this Act.", "summary": "Full-Service Schools Act - Establishes the Federal Interagency Work Group to facilitate collaboration among Federal agencies and make grants to States and local entities in order to integrate education, health, and social and human services for at-risk children and their families. Provides that the Group shall be composed of the Secretaries of Education, Health and Human Services, and Labor and funded equally by their departments. Sets forth Group duties and State and local eligibility requirements. Sets forth application requirements and grant limitations. Requires local programs to include activities to improve educational performance by: (1) reducing school dropout and teen pregnancy rates and the number of children in unsupervised settings; (2) increasing adult/family literacy and the number of students returning to school after dropping out; and (3) improving access to primary health care for families and their children. Allows local programs to develop a variety of programs to serve the comprehensive needs of students, including specified optional activities. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Home Staff Improvement Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Part I of the Health Care Financing Administration's Report to Congress: Appropriateness of Minimum Nurse Staffing Ratios in Nursing Homes was completed in August of 2000 and showed the following: (A) Quality of care may be significantly impaired when staffing thresholds fall below 2.0 nurse aide hours per resident day, 1.0 registered nurse and licensed practical nurse hours per resident day and 0.45 registered nurse hours per resident day. (B) Below this threshold, residents are more likely to suffer life threatening illnesses secondary to pressure sores, weight loss and preventable infections, and rates of avoidable hospitalization increase significantly. (C) Fifty-four percent of nursing home facilities do not provide 2.0 nurse aide hours per resident day and approximately \\1/2\\ of nursing home facilities would require greater than a 10 percent change in staffing to meet this minimal standard. (D) The 2.0 nurse aide hours per resident day is a threshold below which residents lives are at risk, not a standard for the provision of appropriate care. (2)(A) A minimum of 2.9 nurse aide hours per resident day are necessary to deliver 5 necessary daily care services. (B) Over 92 percent of nursing home facilities fall below the 2.9 nurse aide hours per resident day standard and would require a 50 percent increase in staffing to meet this standard. (C) The 2.9 nurse aide hours per resident day standard is based on a conservative assumption and understates the real staffing levels necessary for a nurse aide to complete all tasks that constitute adequate care. (3)(A) Facilities that serve residents with more complex medical conditions will require higher staffing levels. (B) Minimum staffing levels that take into account case mix have not yet been established. (C) Part II of the Health Care Financing Administration report, which has not yet been completed, will report to Congress on minimum staffing levels according to the facility's resident acuity level. SEC. 3. COMPLETION OF REPORT TO CONGRESS ON ADEQUATE NURSING FACILITY STAFFING REQUIREMENTS. (a) In General.--Section 4801(e)(17)(B) of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1396r note) is amended-- (1) by striking ``January 1, 1999'' and inserting ``July 1, 2001''; (2) by inserting ``and optimal minimum'' after ``minimum'' each place it appears; (3) by striking the period and inserting a semicolon; (4) by striking ``such study recommendations'' and inserting ``such study-- ``(i) recommendations''; and (5) by adding at the end the following: ``(ii) an examination of the cost and benefits associated with establishing staffing minimum and optimal minimum ratios; ``(iii) a description of the data used in Phase II of the study to expand the multivariate analysis from 3 States to a more representative national sample; ``(iv) an analysis of proposed refined case mix classification methods considered in Phase II of the study; ``(v) a description of the case studies used to validate the Phase I findings of the study; and ``(vi) an examination of other issues that impact the recruitment and retention of certified nursing assistants.''. (b) Effective Date.--The amendments made by subsection (a) take effect as if included in the enactment of section 4801 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508; 104 Stat. 1388- 211). SEC. 4. ESTABLISHMENT OF APPROPRIATE MINIMUM STAFFING REQUIREMENTS. (a) Notice of Proposed Rulemaking.--Not later than 6 months after the date that the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') submits the report to Congress required under section 4801(e)(17)(B) of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1396r note) regarding the study of establishing appropriate minimum caregiver to resident levels and appropriate minimum supervisor to caregiver levels for skilled nursing facilities participating as providers of services under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and nursing facilities receiving payments under the medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.) that includes recommendations regarding appropriate minimums for such levels, the Secretary shall issue a notice of proposed rule-making with respect to the promulgation of a final regulation requiring compliance with appropriate minimum caregiver to resident levels and appropriate minimum supervisor to caregiver levels as a condition for such facilities to receive payments under such programs. (b) Final Regulation.--Not later than 6 months after the issuance of the notice required under subsection (a), the Secretary shall issue the final regulation (to be effective upon publication) that was the subject of such notice. (c) Definition of Appropriate.--In this section, the term ``appropriate'' means the staffing threshold level required to attain a good or optimal quality outcome with respect to a resident of a skilled nursing facility participating as a provider of services under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or of a nursing facility receiving payments under the medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.), as opposed to avoiding a bad outcome with respect to such a resident. SEC. 5. GRANTS TO IMPROVE STAFFING LEVELS AND THE QUALITY OF CARE IN NURSING FACILITIES. (a) Authority To Award Grants.--The Secretary of Health and Human Services shall award grants to States on a competitive basis for the purpose of improving staffing levels in nursing facilities in order to improve the quality of care to residents of such facilities. (b) Applications.--Each State that wishes to receive a grant under this section shall submit an application at such time, in such form, and complete with such information as the Secretary may require, except that any such application shall include at least a certification that the application was developed through an open, public process. (c) Requirements for Use of Funds.-- (1) Permissible uses.-- (A) In general.--A State awarded a grant under this section shall use funds provided under the grant to provide financial support or technical assistance for projects operated by nursing facilities, labor organizations, nonprofit organizations, community colleges, or other organizations, or through joint efforts of such entities and organizations, that are designed to do any or all of the following: (i) Enhance staff recruitment and retention efforts. (ii) Establish centers of expertise and training. (iii) Establish career ladders for certified nurse assistants, including additional or advanced training opportunities. (iv) Provide additional training for nursing facility direct care staff. (v) Improve workplace safety. (vi) Improve nursing facility management. (vii) Conduct other staffing initiatives to improve patient outcomes, as approved by the Secretary. (B) Applicability of nursing home reform provisions.--Funds made available under a grant awarded to a State under this section may only be used to provide financial support or technical assistance for any project described in subparagraph (A) to the extent that the activities conducted under the project are consistent with the requirements of sections 1818 and 1919 of the Social Security Act (42 U.S.C. 1395i-3, 1396r). (C) Prohibition.--No funds made available under a grant awarded to a State under this section may be used to provide financial support or technical assistance for any project described in subparagraph (A) that is conducted at, or for the benefit of, a nursing facility that is owned or operated by a State, county, or local government. (2) No supplantation of funds.--Funds made available under a grant awarded to a State under this section may only be used to supplement, not supplant, other funds that the State expends to carry out activities described in paragraph (1)(A). (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for purposes of carrying out this section $500,000,000 for each of fiscal years 2001 and 2002. Funds appropriated in accordance with this subsection for a fiscal year shall remain available through the end of the succeeding fiscal year. (e) Reports and Secretarial Evaluation.-- (1) State final reports.--Each State that is awarded a grant under this section shall submit a final report to the Secretary on the use of funds awarded under the grant not later than 3 months after the earlier of-- (A) the completion of the project or projects provided financial support or technical assistance with funds received under the grant; or (B) the conclusion of the 2-year period that begins on the date that the State receives such grant funds. (2) Secretarial evaluation and report.--Not later than 6 months after the final State report is submitted to the Secretary under paragraph (1), the Secretary shall submit to Congress a report evaluating the extent to which the grant program established under this section assists States in improving staffing levels in nursing facilities. (f) Definitions.--In this section: (1) Nursing facility.--The term ``nursing facility'' means a skilled nursing facility participating in the medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or a nursing facility receiving payments under the medicaid program established under title XIX of such Act (42 U.S.C. 1396 et seq.). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 6. PROVIDING ACCURATE INFORMATION ON STAFFING. (a) Medicare.-- (1) Data on staffing levels.--Section 1819(b) of the Social Security Act (42 U.S.C. 1395i-3(b)) is amended by adding at the end the following new paragraph: ``(8) Submission of data on staffing levels.-- ``(A) In general.--A skilled nursing facility shall submit to the Secretary, at such time as the Secretary shall specify and on a standard reporting format developed by the Secretary, data with respect to nursing staff that-- ``(i) includes the total number of nursing staff hours and coverage levels per shift furnished by the facility to residents for which payment is made under section 1888(e), broken down by total certified nurse aide hours, total licensed practical or vocational nurse hours, and total registered nurse hours; and ``(ii) is attested to in writing by the facility as accurate. ``(B) Publication of data.--The Secretary shall provide for the publication on the Internet Site of the Department of Health and Human Services known as Nursing Home Compare the facility-specific nursing staff information described in subparagraph (A). The Secretary shall update such information periodically.''. (2) Information concerning patient classification.--Section 1819(b)(4) of the Social Security Act (42 U.S.C. 1395i-3(b)(4)) is amended by adding at the end the following new subparagraph: ``(D) Information concerning residents.--The skilled nursing facility shall provide the Secretary, in such form and manner and at such intervals as the Secretary may require, a classification of all residents of the skilled nursing facility that accords with the resident classification system described in section 1888(e)(4)(G)(i), or such successor system as the Secretary may identify.''. (b) Medicaid.-- (1) Data on staffing levels.--Section 1919(b) of the Social Security Act (42 U.S.C. 1396r(b)) is amended by adding at the end the following new paragraph: ``(8) Submission of data on staffing levels.-- ``(A) In general.--A nursing facility shall submit to the Secretary, at such time as the Secretary shall specify and on a standard reporting format developed by the Secretary, data with respect to nursing staff that-- ``(i) includes the total number of nursing staff hours and coverage levels per shift furnished by the facility to residents for which payment is made under the State plan, broken down by total certified nurse aide hours, total licensed practical or vocational nurse hours, and total registered nurse hours; and ``(ii) is attested to in writing by the facility as accurate. ``(B) Publication of data.--The Secretary shall provide for the publication on the Internet Site of the Department of Health and Human Services known as Nursing Home Compare the facility-specific nursing staff information described in subparagraph (A). The Secretary shall update such information periodically.''. (2) Information concerning patient classification.--Section 1919(b)(4) of the Social Security Act (42 U.S.C. 1395r(b)(4)) is amended by adding at the end the following new subparagraph: ``(D) Information concerning residents.--The nursing facility shall provide the Secretary, in such form and manner and at such intervals as the Secretary may require, a classification of all residents of the nursing facility that accords with the resident classification system described in section 1888(e)(4)(G)(i), or such successor system as the Secretary may identify.''. SEC. 7. INFORMATION ON NURSING FACILITY STAFFING. (a) Medicare Amendments.--Section 1819(b) of the Social Security Act (42 U.S.C. 1395i-3(b)), as amended by section 6(a), is further amended by adding at the end the following new paragraph: ``(9) Information on nurse staffing.--A skilled nursing facility shall post daily for each nursing unit of the facility and for each shift the current number of licensed and unlicensed nursing staff directly responsible for resident care and the number of residents per unit and per shift. The information shall be displayed in a uniform manner and in a clearly visible place.''. (b) Medicaid Amendments.--Section 1919(b) of the Social Security Act (42 U.S.C. 1396r(b)), as amended by section 6(b), is amended by adding at the end the following new paragraph: ``(9) Information on nurse staffing.--A nursing facility shall post daily for each nursing unit of the facility and for each shift the current number of licensed and unlicensed nursing staff directly responsible for resident care and the number of residents per unit and per shift. The information shall be displayed in a uniform manner and in a clearly visible place.''. (c) Effective Date.--The amendments made by this section take effect on the first day of the first month that begins at least 6 months after the date of the enactment of this Act.", "summary": "Directs the Secretary to award competitive grants to States for improving staffing levels in nursing facilities. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require skilled nursing and nursing facilities to report to the Secretary on nurse staffing levels and information regarding patient classification."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tenth Amendment Enforcement Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) in most areas of governmental concern, State governments possess both the constitutional authority and the competence to discern the needs and the desires of the people and to govern accordingly; (2) Federal laws and agency regulations, which have interfered with State powers in areas of State jurisdiction, should be restricted to powers delegated to the Federal Government by the United States Constitution; (3) the framers of the United States Constitution intended to bestow upon the Federal Government only limited authority over the States and the people; (4) under the Tenth Amendment of the United States Constitution, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; and (5) the courts, which have in general construed the Tenth Amendment not to restrain the Federal Government's power to act in areas of State jurisdiction, should be directed to strictly construe Federal laws and regulations which interfere with State powers with a presumption in favor of State authority and against Federal preemption. SEC. 3. CONGRESSIONAL DECLARATION. (a) In General.--On or after January 1, 1999, any statute enacted by Congress shall include a declaration-- (1) that authority to govern in the area addressed by the statute is delegated to Congress by the United States Constitution, including a citation to the specific constitutional authority relied upon; (2) that Congress specifically finds that Congress has a greater degree of competence than the States to govern in the area addressed by the statute; and (3) if the statute interferes with State powers or preempts any State or local government law, regulation or ordinance, that Congress specifically intends to interfere with State powers or preempt State or local government law, regulation, or ordinance, and that such preemption is necessary. (b) Findings.--Congress shall make specific factual findings in support of the declarations described under this section. SEC. 4. POINT OF ORDER. (a) In General.--It shall not be in order in either the Senate or House of Representatives to consider any bill, joint resolution, or amendment that does not include a declaration of congressional intent as required under section 3. (b) Rulemaking.--This section is enacted-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, and as such, it is deemed a part of the rules of the Senate and House of Representatives, but is applicable only with respect to the matters described in section 3 and subsection (a) of this section and supersedes other rules of the Senate or House of Representatives only to the extent that such sections are inconsistent with such rules; and (2) with full recognition of the constitutional right of the Senate or House of Representatives to change such rules at any time, in the same manner as in the case of any rule of the Senate or House of Representatives. SEC. 5. EXECUTIVE PREEMPTION OF STATE LAW. (a) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following new section: ``Sec. 559a. Preemption of State law ``(a) No agency shall construe any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action unless-- ``(1) the statute expressly authorizes issuance of preemptive rules; and ``(2) the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. ``(b) Any regulatory preemption of State law shall-- ``(1) be narrowly written to achieve the objectives of the statute under which the rules are promulgated; and ``(2) explicitly describe the scope of preemption. ``(c)(1) When an agency proposes to act through rulemaking or other agency action to preempt State law, the agency shall provide all affected States notice and an opportunity for comment by duly elected or appointed State and local government officials or their designated representatives in the proceedings. ``(2) The notice of proposed rulemaking shall be forwarded to the Governor, the Attorney General and the presiding officer of each chamber of the Legislature of each State setting forth the extent and purpose of the preemption. ``(3) In the table of contents of each Federal Register, there shall be a separate list of preemptive rules contained within that Register. ``(d) Unless a final agency rule contains an explicit provision declaring the Federal Government's intent to preempt State or local government powers and an explicit description of the extent and purpose of that preemption, the rule shall not be construed to preempt any State or local government law, ordinance or regulation. ``(e)(1) Each agency shall publish in the Federal Register a plan for periodic review of the rules issued by the agency that preempt, in whole or in part, State or local government powers. Such plan may be amended by the agency at any time by publishing a revision in the Federal Register. ``(2) The purpose of the review under this subsection shall be to determine whether and to what extent such rules are to continue without change, consistent with the stated objectives of the applicable statutes, or are to be altered or repealed to minimize the effect of the rules on State or local government powers.''. (b) Nonbinding Regulations.--Any Federal rule or regulation promulgated after January 1, 1999, that is promulgated in a manner inconsistent with section 559a of title 5, United States Code (as added by this section), shall not be binding on any State or local government, and shall not preempt any State or local government law, ordinance, or regulation. (c) Conforming Amendment.--The table of sections for chapter 5 of title 5, United States Code, is amended by adding after the item relating to section 559 the following: ``559a. Preemption of State law.''. SEC. 6. RULES OF CONSTRUCTION. (a) In General.--No statute enacted after the date of enactment of this Act (or rule promulgated under such statute), shall be construed by courts or other adjudicative entities to preempt, in whole or in part, any State or local government law, ordinance or regulation unless-- (1) the statute, or rule promulgated under such statute, contains an explicit declaration of intent to preempt; or (2) there is a direct conflict between such statute and a State or local government law, ordinance, or regulation, such that the two cannot be reconciled or consistently stand together. (b) Favorable Construction.--Notwithstanding any other provision of law, any ambiguities in this Act, or in any other law of the United States, shall be construed in favor of preserving the authority of the States and the people. (c) Severability.--If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby. SEC. 7. APPROPRIATION BY STATE LEGISLATURES. Any funds received by a State under Federal law shall be subject to appropriation by the State legislature, consistent with the terms and conditions required under such applicable provisions of law. SEC. 8. ANNUAL REPORT ON STATUTORY PREEMPTION. (a) Report.--Not later than 90 days after each Congress adjourns sine die, the Congressional Research Service shall prepare and make available to the public a report on the extent of Federal statutory preemption of State and local government powers enacted into law during the preceding Congress or adopted through judicial interpretation of Federal statutes. (b) Contents.--The report shall contain-- (1) a cumulative list of the Federal statutes preempting, in whole or in part, State and local government powers; (2) a summary of Federal legislation enacted during the previous Congress preempting, in whole or in part, State and local government powers; (3) an overview of recent court cases addressing Federal preemption issues; and (4) other information the Director of the Congressional Research Service determines appropriate. (c) Submittal.--Copies of the report shall be submitted to the President and the chairman of the appropriate committees in the Senate and House of Representatives.", "summary": "Tenth Amendment Enforcement Act of 1998 - Requires any statute enacted by the Congress after 1998 to include declarations that: (1) the authority to govern in the area addressed is delegated to the Congress by the Constitution; (2) Congress has a greater degree of competence than the States to govern in that area; and (3) any preemption of State law is specifically intended by the Congress and is necessary. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations. Amends Federal law to prohibit any Federal agency from construing any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action, unless the statute expressly authorizes issuance of preemptive rules and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Requires all States to be provided with notice and an opportunity for comment when a Federal agency proposes preemptive rulemaking or other agency action. Requires the table of contents of each Federal Register to contain a list of preemptive rules contained within that Register. Provides that a final agency rule shall not be construed to preempt any State or local law unless it contains an explicit declaration of the intention to do so. Requires each Federal agency to publish in the Federal Register a plan for periodic review of the rules issued by the agency that preempt State or local government powers to determine whether such rules should be altered or repealed. Prohibits any adjudicative body to construe a statute enacted after enactment of this Act to preempt State or local law unless: (1) the statute contains an explicit declaration of intent to preempt; or (2) there is a direct conflict with State or local law that cannot be reconciled. Requires any ambiguity to be construed in favor of preserving the authority of the States. Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature. Directs the Congressional Research Service, after each Congress adjourns, to prepare and make publicly available a report on the extent of Federal statutory preemption of State and local government powers enacted into law during that Congress or adopted through judicial interpretation of Federal statutes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Protection Act''. SEC. 2. PATENT AND TRADEMARK OFFICE FUNDING. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (2) Fund.--The term ``Fund'' means the United States Patent and Trademark Office Public Enterprise Revolving fund established under subsection (c). (3) Office.--The term ``Office'' means the United States Patent and Trademark Office. (4) Trademark act of 1946.--The term ``Trademark Act of 1946'' means the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the ``Trademark Act of 1946'' or the ``Lanham Act''). (b) Funding.-- (1) In general.--Section 42 of title 35, United States Code, is amended-- (A) in subsection (b), by striking ``Patent and Trademark Office Appropriation Account'' and inserting ``United States Patent and Trademark Office Public Enterprise Fund''; and (B) in subsection (c)-- (i) in paragraph (1)-- (I) in the first sentence, by striking ``To the extent'' and all that follows through ``fees'' and inserting ``Fees''; and (II) by striking ``shall be collected by and shall, subject to paragraph (3), be available to the Director'' and inserting ``shall be collected by, and shall be available to, the Director until expended''; and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Effective date.--The amendments made by paragraph (1) shall take effect on the first day of the first fiscal year that begins on or after the date of the enactment of this Act. (c) USPTO Revolving Fund.-- (1) Establishment.--There is established in the Treasury of the United States a revolving fund to be known as the ``United States Patent and Trademark Office Public Enterprise Fund''. Any amounts in the Fund shall be available for use by the Director without fiscal year limitation. (2) Derivation of resources.-- (A) In general.--There shall be deposited into the Fund on and after the effective date set forth in subsection (b)(2)-- (i) any fees collected under title 35, United States Code; and (ii) any fees collected under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.). (B) Remaining balances.--There shall be deposited in the Fund, on the effective date set forth in subsection (b)(2), any unobligated balances remaining in the Patent and Trademark Office Appropriation Account, and in the Patent and Trademark Fee Reserve Fund established under section 42(b)(2) of title 31, United States Code, as in effect on the day before such effective date. Upon the payment of all obligated amounts in the Patent and Trademark Fee Reserve Fund, the Patent and Trademark Fee Reserve Fund shall be terminated. (3) Expenses.--Amounts deposited into the Fund under paragraph (2) shall be available, without fiscal year limitation, to cover-- (A) all expenses, to the extent consistent with the limitation on the use of fees set forth in section 42(c) of title 35, United States Code, including all administrative and operating expenses, determined in the discretion of the Director to be ordinary and reasonable, incurred by the Director for the continued operation of all services, programs, activities, and duties of the Office relating to patents and trademarks, as such services, programs, activities, and duties are described under-- (i) title 35, United States Code; and (ii) the Trademark Act of 1946; and (B) all expenses incurred pursuant to any obligation, representation, or other commitment of the Office. (d) Annual Report and Operation Plan.--Not later than 60 days after the end of each fiscal year, the Director shall submit to Congress a report that-- (1) summarizes the operations of the Office for the preceding fiscal year, including financial details and staff levels broken down by each major activity of the Office; (2) describes the long term modernization plans of the Office; (3) sets forth details of any progress towards such modernization plans made in the preceding fiscal year; and (4) includes the results of the most recent audit carried out under subsection (f). (e) Annual Spending Plan.-- (1) In general.--Not later than 30 days after the beginning of each fiscal year, the Director shall notify the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate of the plan for the obligation and expenditure by the Office of the total amount of the funds for that fiscal year in accordance with section 605 of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2334). (2) Contents.--Each plan under paragraph (1) shall-- (A) summarize the operations of the Office for the current fiscal year, including financial details and staff levels with respect to major activities; and (B) detail the operating plan of the Office, including specific expense and staff needs, for the current fiscal year. (f) Audit.--The Director shall, on an annual basis, provide for an independent audit of the financial statements of the Office. Such audit shall be conducted in accordance with generally accepted accounting principles. (g) Budget.--The Fund shall prepare and submit each year to the President a business-type budget in such manner, and before such date, as the President prescribes by regulation.", "summary": "Innovation Protection Act - Establishes in the Treasury the United States Patent and Trademark Office Public Enterprise Fund (Public Enterprise Fund) to be used as a revolving fund by the Director of the U.S. Patent and Trademark Office (USPTO) without fiscal year limitation. Requires to be credited to or deposited in the Public Enterprise Fund: (1) appropriations for defraying the costs of USPTO activities; (2) fees collected under federal patent and trademark laws; and (3) any unobligated balances remaining in the Patent and Trademark Office Appropriation Account and in the Patent and Trademark Fee Reserve Fund. (Thus, replaces the Patent and Trademark Office Appropriation Account, eliminates the Patent and Trademark Fee Reserve Fund, and provides a source of permanent funding for the USPTO.) Requires fees collected by the Director to remain available to the Director until expended. Makes the Public Enterprise Fund available to cover: (1) ordinary and reasonable administrative, operating, and other expenses incurred by the Director for the continued operation of USPTO services, programs, activities, and duties relating to patents and trademarks; and (2) expenses incurred pursuant to obligations, representations, or other commitments of the USPTO. Requires the Director, on an annual basis, to: (1) report to Congress with operation and spending plans, including financial details and staff levels broken down by each major activity; (2) provide for an independent audit of USPTO financial statements; and (3) submit a budget to the President."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Security Improvement Act of 2000''. SEC. 2. CRIMINAL HISTORY RECORD CHECKS. (a) Expansion of FAA Electronic Pilot Program.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop, in consultation with the Office of Personnel Management and the Federal Bureau of Investigation, the pilot program for individual criminal history record checks (known as the electronic fingerprint transmission pilot project) into an aviation industry-wide program. (2) Limitation.--The Administrator shall not require any airport, air carrier, or screening company to participate in the program described in subsection (a) if the airport, air carrier, or screening company determines that it would not be cost effective for it to participate in the program and notifies the Administrator of that determination. (b) Application of Expanded Program.-- (1) Interim report.--Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the status of the Administrator's efforts to utilize the program described in subsection (a). (2) Notification concerning sufficiency of operation.--If the Administrator determines that the program described in subsection (a) is not sufficiently operational 2 years after the date of enactment of this Act to permit its utilization in accordance with subsection (a), the Administrator shall notify the committees referred to in paragraph (1) of that determination. (c) Changes in Existing Requirements.--Section 44936(a)(1) of title 49, United States Code, is amended-- (1) in subparagraph (A) by striking ``, as the Administrator decides is necessary to ensure air transportation security,''; (2) in subparagraph (D) by striking ``as a screener'' and inserting ``in the position for which the individual applied''; and (3) by adding at the end the following: ``(E) Criminal history record checks for screeners and others.-- ``(i) In general.--A criminal history record check shall be conducted for each individual who applies for a position described in subparagraph (A), (B)(i), or (B)(ii). ``(ii) Special transition rule.--During the 3-year period beginning on the date of enactment of this subparagraph, an individual described in clause (i) may be employed in a position described in clause (i)-- ``(I) in the first 2 years of such 3-year period, for a period of not to exceed 45 days before a criminal history record check is completed; and ``(II) in the third year of such 3-year period, for a period of not to exceed 30 days before a criminal history record check is completed, if the request for the check has been submitted to the appropriate Federal agency and the employment investigation has been successfully completed. ``(iii) Employment investigation not required for individuals subject to criminal history record check.--An employment investigation shall not be required for an individual who applies for a position described in subparagraph (A), (B)(i), or (B)(ii), if a criminal history record check of the individual is completed before the individual begins employment in such position. ``(iv) Effective date.--This subparagraph shall take effect-- ``(I) 30 days after the date of enactment of this subparagraph with respect to individuals applying for a position at an airport that is defined as a Category X airport in the Federal Aviation Administration approved air carrier security programs required under part 108 of title 14, Code of Federal Regulations; and ``(II) 3 years after such date of enactment with respect to individuals applying for a position at any other airport that is subject to the requirements of part 107 of such title. ``(F) Exemption.--An employment investigation, including a criminal history record check, shall not be required under this subsection for an individual who is exempted under section 107.31(m) of title 14, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph.''. (d) List of Offenses Barring Employment.--Section 44936(b)(1)(B) of title 49, United States Code, is amended-- (1) by inserting ``(or found not guilty by reason of insanity)'' after ``convicted''; (2) in clause (xi) by inserting ``or felony unarmed'' after ``armed''; (3) by striking ``or'' at the end of clause (xii); (4) by redesignating clause (xiii) as clause (xv) and inserting after clause (xii) the following: ``(xiii) a felony involving a threat; ``(xiv) a felony involving-- ``(I) willful destruction of property; ``(II) importation or manufacture of a controlled substance; ``(III) burglary; ``(IV) theft; ``(V) dishonesty, fraud, or misrepresentation; ``(VI) possession or distribution of stolen property; ``(VII) aggravated assault; ``(VIII) bribery; and ``(IX) illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year, or any other crime classified as a felony that the Administrator determines indicates a propensity for placing contraband aboard an aircraft in return for money; or''; and (5) in clause (xv) (as so redesignated) by striking ``clauses (i)-(xii) of this paragraph'' and inserting ``clauses (i) through (xiv)''. SEC. 3. IMPROVED TRAINING. (a) Training Standards for Screeners.--Section 44935 of title 49, United States Code, is amended by adding at the end the following: ``(e) Training Standards for Screeners.-- ``(1) Issuance of final rule.--Not later than May 31, 2001, and after considering comments on the notice published in the Federal Register for January 5, 2000 (65 Fed. Reg. 559 et seq.), the Administrator shall issue a final rule on the certification of screening companies. ``(2) Classroom instruction.-- ``(A) In general.--As part of the final rule, the Administrator shall prescribe minimum standards for training security screeners that include at least 40 hours of classroom instruction before an individual is qualified to provide security screening services under section 44901. ``(B) Classroom equivalency.--Instead of the 40 hours of classroom instruction required under subparagraph (A), the final rule may allow an individual to qualify to provide security screening services if that individual has successfully completed a program that the Administrator determines will train individuals to a level of proficiency equivalent to the level that would be achieved by the classroom instruction under subparagraph (A). ``(3) On-the-job training.--In addition to the requirements of paragraph (2), as part of the final rule, the Administrator shall require that before an individual may exercise independent judgment as a security screener under section 44901, the individual shall-- ``(A) complete 40 hours of on-the-job training as a security screener; and ``(B) successfully complete an on-the-job training examination prescribed by the Administrator.''. (b) Computer-Based Training Facilities.--Section 44935 of title 49, United States Code, is further amended by adding at the end the following: ``(f) Accessibility of Computer-Based Training Facilities.--The Administrator shall work with air carriers and airports to ensure that computer-based training facilities intended for use by security screeners at an airport regularly serving an air carrier holding a certificate issued by the Secretary of Transportation are conveniently located for that airport and easily accessible.''. SEC. 4. IMPROVING SECURED-AREA ACCESS CONTROL. Section 44903 of title 49, United States Code, is amended by adding at the end the following: ``(g) Improvement of Secured-Area Access Control.-- ``(1) Enforcement.-- ``(A) Administrator to publish sanctions.--The Administrator shall publish in the Federal Register a list of sanctions for use as guidelines in the discipline of employees for infractions of airport access control requirements. The guidelines shall incorporate a progressive disciplinary approach that relates proposed sanctions to the severity or recurring nature of the infraction and shall include measures such as remedial training, suspension from security-related duties, suspension from all duties without pay, and termination of employment. ``(B) Use of sanctions.--Each airport operator, air carrier, and security screening company shall include the list of sanctions published by the Administrator in its security program. The security program shall include a process for taking prompt disciplinary action against an employee who commits an infraction of airport access control requirements. ``(2) Improvements.--The Administrator shall-- ``(A) work with airport operators and air carriers to implement and strengthen existing controls to eliminate airport access control weaknesses by January 31, 2001; ``(B) require airport operators and air carriers to develop and implement comprehensive and recurring training programs that teach employees their roles in airport security, the importance of their participation, how their performance will be evaluated, and what action will be taken if they fail to perform; ``(C) require airport operators and air carriers to develop and implement programs that foster and reward compliance with airport access control requirements and discourage and penalize noncompliance in accordance with guidelines issued by the Administrator to measure employee compliance; ``(D) assess and test for compliance with access control requirements, report findings, and assess penalties or take other appropriate enforcement actions when noncompliance is found; ``(E) improve and better administer the Administrator's security database to ensure its efficiency, reliability, and usefulness for identification of systemic problems and allocation of resources; ``(F) improve the execution of the Administrator's quality control program by January 31, 2001; and ``(G) require airport operators and air carriers to strengthen access control points in secured areas (including air traffic control operations areas) to ensure the security of passengers and aircraft by January 31, 2001.''. SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES. (a) In General.--In order to ensure physical security at Federal Aviation Administration staffed facilities that house air traffic control systems, the Administrator of the Federal Aviation Administration shall act immediately to-- (1) correct physical security weaknesses at air traffic control facilities so the facilities can be granted physical security accreditation not later than April 30, 2004; and (2) ensure that follow-up inspections are conducted, deficiencies are promptly corrected, and accreditation is kept current for all air traffic control facilities. (b) Reports.--Not later than April 30, 2001, and annually thereafter through April 30, 2004, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress being made in improving the physical security of air traffic control facilities, including the percentage of such facilities that have been granted physical security accreditation. SEC. 6. EXPLOSIVES DETECTION EQUIPMENT. Section 44903(c)(2) of title 49, United States Code, is amended by adding at the end the following: ``(C) Manual process.-- ``(i) In general.--The Administrator shall issue an amendment to air carrier security programs to require a manual process, at explosive detection system screen locations in airports where explosive detection equipment is underutilized, which will augment the Computer Assisted Passenger Prescreening System by randomly selecting additional checked bags for screening so that a minimum number of bags, as prescribed by the Administrator, are examined. ``(ii) Limitation on statutory construction.--Clause (i) shall not be construed to limit the ability of the Administrator to impose additional security measures on an air carrier or a foreign air carrier when a specific threat warrants such additional measures. ``(iii) Maximum use of explosive detection equipment.-- In prescribing the minimum number of bags to be examined under clause (i), the Administrator shall seek to maximize the use of the explosive detection equipment.''. SEC. 7. AIRPORT NOISE STUDY. (a) In General.--Section 745 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (49 U.S.C. 47501 note; 114 Stat. 178) is amended-- (1) in the section heading by striking ``general accounting office''; (2) in subsection (a) by striking ``Comptroller General of the United States shall'' and inserting ``Secretary shall enter into an agreement with the National Academy of Sciences to''; (3) in subsection (b)-- (A) by striking ``Comptroller General'' and inserting ``National Academy of Sciences''; (B) by striking paragraph (1); (C) by adding ``and'' at the end of paragraph (4); (D) by striking ``; and'' at the end of paragraph (5) and inserting a period; (E) by striking paragraph (6); and (F) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively; (4) by striking subsection (c) and inserting the following: ``(c) Report.--Not later than 18 months after the date of the agreement entered into under subsection (a), the National Academy of Sciences shall transmit to the Secretary a report on the results of the study. Upon receipt of the report, the Secretary shall transmit a copy of the report to the appropriate committees of Congress. ``(d) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section.''. (b) Conforming Amendment.--The table of contents for such Act (114 Stat. 61 et seq.) is amended by striking the item relating to section 745 and inserting the following: ``Sec. 745. Airport noise study.''. SEC. 8. TECHNICAL AMENDMENTS. (a) Federal Aviation Management Advisory Council.--Section 106(p)(2) is amended by striking ``15'' and inserting ``18''. (b) National Parks Air Tour Management.--Title VIII of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (49 U.S.C. 40128 note; 114 Stat. 185 et seq.) is amended-- (1) in section 803(c) by striking ``40126'' each place it appears and inserting ``40128''; (2) in section 804(b) by striking ``40126(e)(4)'' and inserting ``40128(f)''; and (3) in section 806 by striking ``40126'' and inserting ``40128''. (c) Restatement of Provision Without Substantive Change.--Section 41104(b) of title 49, United States Code, is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) In general.--Except as provided in paragraph (3), an air carrier, including an indirect air carrier, may not provide, in aircraft designed for more than 9 passenger seats, regularly scheduled charter air transportation for which the public is provided in advance a schedule containing the departure location, departure time, and arrival location of the flight unless such air transportation is to and from an airport that has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation).''; and (2) by adding at the end the following: ``(3) Exception.--This subsection does not apply to any airport in the State of Alaska or to any airport outside the United States.''. SEC. 9. EFFECTIVE DATE. Except as otherwise expressly provided, this Act and the amendments made by this Act shall take effect 30 days after the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(Sec. 2) Amends Federal aviation law to require that a criminal history record check (fingerprint check) be done for any individual applying for a position as a security screener, a screener supervisor, or that will allow unescorted access to an aircraft or a secured area of an airport. Allows such persons during the first three years to work temporarily without a fingerprint check (provided such fingerprints have been submitted and an employment investigation has found no cause for suspicion) for 45 days during the first two years of such three year period, and for 30 days during the third year of such period. Requires all new employees, after the temporary periods, to have a fingerprint check before beginning work. Declares that an employment investigation shall not be required for an individual if a criminal history record check is completed before the individual begins working. Sets forth specified exceptions to the requirements of this Act. Lists additional crimes in the past ten years preceding an employment investigation for which an individual will be barred from employment in a position as a security screener or a position that will allow unescorted access. (Sec. 3) Directs the Administrator to issue a final rule on the certification of screening companies. Establishes new minimum standards for the training of security screeners. Directs the Administrator to work with air carriers and airports to ensure that computer-based training facilities intended for use by security screeners at an airport are conveniently located and easily accessible. (Sec. 4) Requires each airport operator, air carrier, and security screening company to include a list of sanctions published by the Administrator in its security program for use as guidelines in the discipline of its employees for infractions of airport access control requirements. Requires the Administrator to work with airport operators and air carriers to improve airport access controls by January 31, 2001. (Sec. 5) Directs the Administrator to take certain actions to ensure physical security at FAA staffed facilities that house air traffic control systems. Requires the Administrator to report to specified congressional committees on progress made in improving the physical security of air traffic control facilities, including the percentage of such facilities that have been granted physical security accreditation. (Sec. 6) Directs the Administrator to issue an amendment to air carrier security programs to require a manual process which will increase the number of checked bags that are selected for screening by explosive detection systems. (Sec. 7) Amends the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century to require the Secretary of Transportation to enter into an agreement with the National Academy of Sciences (currently, the General Accounting Office) to conduct a certain airport noise study. Requires the National Academy of Sciences to report the results of such study to the Secretary. Authorizes appropriations. (Sec. 8) Revises the total number of members of the Federal Aviation Management Advisory Council."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tuberculosis (TB) Now Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Tuberculosis is one of the greatest infectious causes of death of adults worldwide, killing 1.6 million people per year--one person every 20 seconds. (2) One-third of the world's population is infected with the tuberculosis bacterium and an estimated 8.8 million individuals develop active tuberculosis each year. (3) Tuberculosis is the leading infectious killer among individuals who are HIV-positive due to their weakened immune systems, and it is estimated that one-third of people with HIV infection have tuberculosis. (4) Today, tuberculosis is a leading killer of women of reproductive age. (5) There are 22 countries that account for 80 percent of the world's burden of tuberculosis. The People's Republic of China and India account for 36 percent of all estimated new tuberculosis cases each year. (6) Driven by the HIV/AIDS pandemic, incidence rates of tuberculosis in Africa have more than doubled on average since 1990. The problem is so pervasive that in August 2005, African Health Ministers and the World Health Organization (WHO) declared tuberculosis to be an emergency in Africa. (7) The wide extent of drug resistance, including both multi-drug resistant tuberculosis (MDR-TB) and extensively drug resistant tuberculosis (XDR-TB), represents both a critical challenge to the global control of tuberculosis and a serious worldwide public health threat. XDR-TB, which is characterized as being MDR-TB with additional resistance to multiple second- line anti-tuberculosis drugs, is associated with worst treatment outcomes of any form of tuberculosis. XDR-TB is converging with the HIV epidemic, undermining gains in HIV prevention and treatment programs and requires urgent interventions. Drug resistance surveillance reports have confirmed the serious scale and spread of tuberculosis with XDR-TB strains confirmed on six continents. Demonstrating the lethality of XDR-TB, an initial outbreak in Tugela Ferry, South Africa, in 2006 killed 52 of 53 patients with hundreds more cases reported since that time. Of the world's regions, sub- Saharan Africa, faces the greatest gap in capacity to prevent, find, and treat XDR-TB. (8) With more than 50 percent of tuberculosis cases in the United States attributable to foreign-born individuals and with the increase in international travel, commerce, and migration, elimination of tuberculosis in the United States depends on efforts to control the disease in developing countries. Recent research has shown that to invest in tuberculosis control abroad, where treatment and program costs are significantly cheaper than in the United States, would be a cost-effective strategy to reduce tuberculosis-related morbidity and mortality domestically. (9) The threat that tuberculosis poses for Americans derives from the global spread of tuberculosis and the emergence and spread of strains of multi-drug resistant tuberculosis and extensively drug resistant tuberculosis, which are far more deadly, and more difficult and costly to treat. (10) DOTS (Directly Observed Treatment Short-course) is one of the most cost-effective health interventions available today and is a core component of the new Stop TB Strategy. (11) The Stop TB Strategy, developed by the World Health Organization, builds on the success of DOTS and ongoing challenges so as to serve all those in need and reach targets for prevalence, mortality, and incidence reduction. The Stop TB Strategy includes six components: (A) Pursuing high-quality expansion and enhancement of DOTS coverage. (B) Implementing tuberculosis and HIV collaborative activities, preventing and controlling multi-drug resistant tuberculosis, and addressing other special challenges. (C) Contributing to the strengthening of health systems. (D) Engaging all health care providers, including promotion of the International Standards for Tuberculosis Care. (E) Empowering individuals with tuberculosis and communities. (F) Enabling and promoting research to develop new diagnostics, drugs, vaccines, and program-based operational research relating to tuberculosis. (12) The Global Plan to Stop TB 2006-2015: Actions for Life is a comprehensive plan developed by the Stop TB Partnership that sets out the actions necessary to achieve the millennium development goal of cutting tuberculosis deaths and disease burden in half by 2015 and thus eliminate tuberculosis as a global health problem by 2050. (13) While innovations such as the Global Tuberculosis Drug Facility have enabled low-income countries to treat a standard case of tuberculosis with drugs that cost as little as $16 for a full course of treatment, there are still millions of individuals with no access to effective treatment. (14) As the global resource investment in fighting tuberculosis increases, partner nations and international institutions must commit to a corresponding increase in the technical and program assistance necessary to ensure that the most effective and efficient tuberculosis treatments are provided. (15) The Global Fund to Fight AIDS, Tuberculosis and Malaria is an important global partnership established to combat these three infectious diseases that together kill millions of people a year. Expansion of effective tuberculosis treatment programs constitutes a major component of Global Fund investment, along with integrated efforts to address HIV and tuberculosis in areas of high prevalence. (16) The United States Agency for International Development and the Centers for Disease Control and Prevention are actively involved with global tuberculosis control efforts. Because the global tuberculosis epidemic directly impacts tuberculosis in the United States, Congress has urged the Centers for Disease Control and Prevention each year to increase its involvement with international tuberculosis control efforts. (17) The United States Agency for International Development is the lead United States Government agency for international tuberculosis efforts, working in close partnership with the Centers for Disease Control and Prevention and with the President's Emergency Plan for HIV/AIDS Relief. The goal of the United States Agency for International Development is to contribute to the global reduction of morbidity and mortality associated with tuberculosis by building country capacity to prevent and cure tuberculosis and achieve global targets of 70 percent case detection and 85 percent treatment success rates. The United States Agency for International Development provides support for tuberculosis programs in countries that have a high burden of tuberculosis, a high prevalence of tuberculosis and HIV, and a high risk of MDR-TB. SEC. 3. ASSISTANCE TO COMBAT TUBERCULOSIS. (a) Policy.--Subsection (b) of section 104B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-3) is amended to read as follows: ``(b) Policy.--It is a major objective of the foreign assistance program of the United States to control tuberculosis. In all countries in which the Government of the United States has established development programs, particularly in countries with the highest burden of tuberculosis and other countries with high rates of tuberculosis, the United States Government should prioritize the achievement of the following goals by not later than December 31, 2015: ``(1) Reduce by half the tuberculosis death and disease burden from the 1990 baseline. ``(2) Sustain or exceed the detection of at least 70 percent of sputum smear-positive cases of tuberculosis and the cure of at least 85 percent of those cases detected.''. (b) Authorization.--Subsection (c) of such section is amended-- (1) in the heading, by striking ``Authorization'' and inserting ``Assistance Required''; and (2) by striking ``is authorized to'' and inserting ``shall''. (c) Priority To Stop TB Strategy.--Subsection (e) of such section is amended-- (1) in the heading, to read as follows: ``Priority To Stop TB Strategy.--''; (2) in the first sentence, by striking ``In furnishing'' and all that follows through ``, including funding'' and inserting the following: ``(1) Priority.--In furnishing assistance under subsection (c), the President shall give priority to-- ``(A) activities described in the Stop TB Strategy, including expansion and enhancement of DOTS coverage, treatment for individuals infected with both tuberculosis and HIV and treatment for individuals with multi-drug resistant tuberculosis (MDR-TB), strengthening of health systems, use of the International Standards for Tuberculosis Care by all providers, empowering individuals with tuberculosis, and enabling and promoting research to develop new diagnostics, drugs, and vaccines, and program-based operational research relating to tuberculosis; and ``(B) funding''; and (3) in the second sentence-- (A) by striking ``In order to'' and all that follows through ``not less than'' and inserting the following: ``(2) Availability of amounts.--In order to meet the requirements of paragraph (1), the President-- ``(A) shall ensure that not less than''; (B) by striking ``for Directly Observed Treatment Short-course (DOTS) coverage and treatment of multi- drug resistant tuberculosis using DOTS-Plus,'' and inserting ``to implement the Stop TB Strategy; and''; and (C) by striking ``including'' and all that follows and inserting the following: ``(B) should ensure that not less than $15,000,000 of the amount made available to carry out this section for a fiscal year is used to make a contribution to the Global Tuberculosis Drug Facility.''. (d) Assistance for WHO and the Stop Tuberculosis Partnership.--Such section is further amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) Assistance for WHO and the Stop Tuberculosis Partnership.--In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized to provide increased resources to the World Health Organization (WHO) and the Stop Tuberculosis Partnership to improve the capacity of countries with high rates of tuberculosis and other affected countries to implement the Stop TB Strategy and specific strategies related to addressing extensively drug resistant tuberculosis (XDR-TB).''. (e) Definitions.--Subsection (g) of such section, as redesignated by subsection (d)(1), is amended-- (1) in paragraph (1), by adding at the end before the period the following: ``, including low cost and effective diagnosis and evaluation of treatment regimes, vaccines, and monitoring of tuberculosis, as well as a reliable drug supply, and a management strategy for public health systems, with health system strengthening, promotion of the use of the International Standards for Tuberculosis Care by all care providers, bacteriology under an external quality assessment framework, short-course chemotherapy, and sound reporting and recording systems''; and (2) by adding after paragraph (5) the following new paragraph: ``(6) Stop tb strategy.--The term `Stop TB Strategy' means the six-point strategy to reduce tuberculosis developed by the World Health Organization. The strategy is described in the Global Plan to Stop TB 2007-2016: Actions for Life, a comprehensive plan developed by the Stop Tuberculosis Partnership that sets out the actions necessary to achieve the millennium development goal of cutting tuberculosis deaths and disease burden in half by 2016.''. (f) Annual Report.--Clause (iii) of section 104A(e)(2)(C) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2(e)(2)(C)) is amended by adding at the end before the semicolon the following: ``, including the percentage of such United States foreign assistance provided for diagnosis and treatment of individuals with tuberculosis in countries with the highest burden of tuberculosis, as determined by the World Health Organization (WHO)''. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the President not more than $400,000,000 for fiscal year 2008 and not more than $550,000,000 for fiscal year 2009 to carry out section 104B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-3), as amended by subsections (a) through (e) of this section. (2) Funding for cdc.--Of the amounts appropriated pursuant to the authorization of appropriations under paragraph (1), not more than $70,000,000 for fiscal year 2008 and not more than $100,000,000 for fiscal year 2009 shall be made available for the purpose of carrying out global tuberculosis activities through the Centers for Disease Control and Prevention. (3) Additional provisions.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) and amounts made available pursuant to paragraph (2)-- (A) are in addition amounts otherwise made available for such purposes; and (B) are authorized to remain available until expended. Passed the House of Representatives November 5, 2007. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Stop Tuberculosis (TB) Now Act of 2007 - Amends the Foreign Assistance Act of 1961 to require the President to furnish assistance for tuberculosis (TB) prevention, treatment, and elimination.(Current law authorizes such assistance.) Gives priority to activities described in the Stop TB Strategy (as defined by this Act). Revises related fund use provisions. Authorizes the President, through the United States Agency for International Development (USAID), to provide increased resources to the World Health Organization (WHO) and the Stop Tuberculosis Partnership to improve the capacity of countries with high TB rates and other affected countries to implement the Stop TB Strategy and specific strategies related to addressing drug resistant tuberculosis (XDR-TB). Authorizes: (1) FY2008-FY2009 appropriations for the President to carry activities to combat tuberculosis; and (2) set-asides from such amounts for global tuberculosis activities by the Centers for Disease Control and Prevention (CDC)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Advertising and Promotion Studies Act of 1994''. SEC. 2. FINDINGS. (a) Advertising.--The Congress makes the following findings respecting advertising of tobacco products: (1) The tobacco industry spends over $4 billion annually to advertise and promote cigarette products. (2) Since 1964, the tobacco industry has had a voluntary advertising code which it claims was implemented to sufficiently ensure against children and teenagers being encouraged to smoke cigarettes and which, according to the tobacco industry, prohibits the advertising of cigarette products from making implied or direct health claims. (3) The voluntary advertising code which the tobacco industry claims is a sufficient safeguard against improper advertising and marketing practices recommends that cigarette advertising shall not suggest that cigarette smoking is ``essential'' to sexual attraction, success, sophistication, or good health and that models in cigarette advertisements shall be at least 25 years of age and shall not be made to appear under such age. (4) Despite the existence of, and alleged compliance by the tobacco industry with, the voluntary advertising code, a number of studies have shown that cigarette advertising may be an important factor in encouraging youth, women, and minorities to take up the cigarette smoking habit and may reinforce decisions to continue to smoke. (b) Women.--The Congress makes the following findings respecting women and tobacco: (1) The fastest growing sector of smokers in the United States are women under the age of 23. Approximately 2,000 girls and young women smoke their first cigarette every day. (2) It is expected that between the years 2005 and 2010, the number of women dying from smoking related diseases will exceed the number of men so dying. (3) Each year tobacco kills more than 147,000 women in the United States, mostly through cigarette smoking induced heart disease, lung cancer, and other lung diseases. (4) As smoking by women has increased, lung cancer in women has skyrocketed. In 1987 lung cancer surpassed breast cancer as the leading cancer killer of women. (5) Women who smoke as little as 1 to 4 cigarettes each day increase their risk of heart attack by 2 to 3 times. (6) In 1991 for the first time in more than a decade the prevalence of smoking among women actually increased rather than decreased. (7) Women who smoke cigarettes during pregnancy increase the risk for low birth weight and premature infants, miscarriage, stillbirths, sudden infant death syndrome, and infant mortality. (8) Pregnant women who smoke deliver babies an average of one-half inch shorter and 7 ounces lighter than the babies of nonsmoking mothers. There is a 25 to 50 percent higher rate of fetal and infant death among women who smoke during pregnancy compared with those who do not smoke. It is estimated that 4,000 infants die each year because of their mother's smoking. (9) Approximately 44 percent of all women who currently smoke have attempted to quit smoking in the past year. (10) Cigarette smoking increases women's risk of contracting cervical cancer. (c) Minorities.--The Congress makes the following findings respecting minorities and tobacco: (1) Tobacco use by African-Americans is responsible for nearly 48,000 deaths each year in the United States. (2) Tobacco companies aggressively target members of the African-American community and the growing Hispanic population, particularly in the urban, inner-city environment. (3) As of 1991, 29.2 percent of African-American adults (aged 18 and older) smoked cigarettes, including 35.1 percent of African-American men and 24.4 percent of African-American women. (4) As of 1991, 16 percent of Asian/Pacific Islander adults (aged 18 and older) smoked cigarettes, including 24.2 percent of Asian/Pacific Islander men and 7.5 percent of Asian/Pacific Islander women. (5) As of 1991, 31.4 percent of American Indian/Alaskan Natives adults (aged 18 and older) smoked cigarettes, including 27.9 percent of American Indian/Alaskan Natives men and 35.2 percent of American Indian/Alaskan Natives women. (6) As of 1991, 20.2 percent of Hispanic adults (aged 18 and older) smoked cigarettes, including 25.2 percent of Hispanic men and 15.5 percent of Hispanic women. (7) African Americans suffer from tobacco-related disease at a higher rate than whites, including a higher incidence of respiratory system, esophagus, and oral cavity cancers. (8) Lung cancer is increasing among Hispanic men. SEC. 3. TOBACCO ADVERTISING STUDIES. (a) Studies.--The Federal Trade Commission shall conduct the following studies which should be based on existing studies and on significant original market research: (1) Women and minorities.--A study of current tobacco advertising to determine-- (A) if and in what forms such advertising and promotion uses themes, graphics, and techniques which are likely to appeal specifically to (i) girls and women and (ii) minorities in ways that make smoking attractive to them, and (B) whether targeting girls, women, and minorities increases tobacco use. In connection with such study, advertising of alcoholic beverages shall be reviewed to determine the extent to which such advertising targets girls and women and minorities. (2) Weight loss and maintenance.-- (A) In general.--A study of current cigarette advertising and promotion to investigate the targeting of girls and women in cigarette advertising and promotion and tobacco companies' use of messages in their advertising and promotion, explicitly or implicitly, concerning weight loss and weight maintenance, the wording and overall imagery used in such advertising and promotion and its impact on girls and women, and the perception of girls and women, including smokers and non-smokers, of the relation between the use of tobacco and weight control and maintenance. (B) Terms and imagery.--In conducting the study under subparagraph (A), the Federal Trade Commission shall examine the following: (i) Whether women interpret the use of the terms ``slim'', ``light'', ``thin'', ``superslim'', and related terms and the shape of cigarettes employing such terms as implying that cigarette smoking results in weight loss or weight maintenance. (ii) Whether girl's and women's interpretation of such terms and imagery accurately reflects the actual effect of cigarette smoking on weight. In particular, whether girls and women are knowledgeable about the transient and reversible nature of any smoking induced weight loss, the precise magnitude of weight loss which may be experienced upon the taking up of smoking, and the precise magnitude of weight gain which may be experienced upon smoking cessation. (iii) The relative impact of cigarette smoking on the health of girls and women and whether or not girls and women are knowledgeable about the impact of smoking on their health. (iv) Whether the Federal Trade Commission has authority to take action with respect to advertising and promotion using such terms and imagery. (v) To the extent that the Federal Trade Commission does not have the authority to take needed action, what legislation is needed to enable the Commission to take action necessary to fully remedy the study's findings. (3) Low yield tobacco products.-- (A) In general.--A study of current cigarette advertising and promotion to investigate the apparent targeting of girls and women and tobacco companies use of messages concerning so called low tar/low nicotine cigarettes (hereafter in this paragraph referred to as ``low yield cigarettes''). This shall include the wording and overall imagery used in advertising and promotion for low yield cigarettes and the impact of such advertising and promotion on both male and female user's perception of the relative risk of smoking such cigarettes as opposed to the smoking of non low yield cigarettes or quitting smoking. (B) Terms.--In conducting the study under subparagraph (A), the Federal Trade Commission shall examine the following: (i) Whether men and women tend to interpret messages and imagery used in the advertising and promotion of low yield cigarettes to indicate that smoking such cigarettes is less hazardous than smoking other cigarettes. The Commission shall look at consumer's perception of a wide range of health risks, including cardiovascular disease, lung and other cancers, pulmonary diseases, risks during pregnancy, risk of environmental tobacco smoke exposure to surrounding individuals, and other risks and attempt to quantify the degree of risk reduction perceived by the reasonable consumer. In addition, the Commission shall examine whether the perception of male and female smokers differ in this regard. (ii) Whether men's and women's interpretation of the wording and imagery used in advertising and promotion of low yield cigarettes, as determined under clause (i), accurately reflects the health hazards of cigarettes. (iii) Whether men and women who smoke are likely to be influenced to smoke low yield cigarettes rather than quit smoking because of the advertising and promotion of such cigarettes. In this regard, the Commission shall examine whether smokers tend to differ according to whether or not they report being concerned about smoking's negative impact on their health and whether male and female smokers tend to differ from each other in this regard. (iv) The relative likely impact of smoking of low yield cigarettes on men's and women's health relative to quitting smoking. (v) Whether the Federal Trade Commission has the authority to take action with respect to advertising and promotion of low yield cigarettes. (vi) To the extent that the Commission does not have the authority to take needed action, what legislation is needed to enable the Commission to take action necessary to fully remedy the study's findings. (4) Demographics.-- (A) In general.--A study of the demographics of targeted audiences of cigarette advertising and promotions which appear to be targeted at girls, women, and minorities, including the age, gender, race, ethnicity, and socio-economic groups of the girls, women, and minorities and, in the case of minorities, the demographics of such advertising and promotions for smokeless tobacco products. (B) Focus.--In conducting the study under subparagraph (A), the Federal Trade Commission shall identify-- (i) the media used to apparently target the groups described in subparagraph (A), including the types of publications used with their demographic profile, including the demographic profile of readers under the age of 18, (ii) the types of promotions used, giving information about specific venues, and (iii) the amount of money spent in each category. (b) Report.--The Federal Trade Commission shall complete each of the studies identified in subsection (a) not later than 9 months after the date of the enactment of this Act and shall, not later than 12 months after such date, report to the Congress-- (1) the results of such studies, (2) whether the Federal Trade Commission has the authority to take action on the study's findings, (3) any actions the Commission proposes to take on the basis of such findings, and (4) to the extent that the Commission does not have the authority to take needed action, what legislation is needed to enable the Commission to take action necessary to fully remedy the study's findings.", "summary": "Tobacco Advertising and Promotion Studies Act of 1994 - Directs the Federal Trade Commission to study and report to the Congress on specified aspects of tobacco advertising and promotion targeted at women and certain ethnic groups."}
{"article": "SECTION 1. PROPERTY SUBJECT TO A LIABILITY TREATED IN SAME MANNER AS ASSUMPTION OF LIABILITY. (a) Repeal of Property Subject to a Liability Test.-- (1) Section 357.--Section 357(a)(2) of the Internal Revenue Code of 1986 (relating to assumption of liability) is amended by striking ``, or acquires from the taxpayer property subject to a liability''. (2) Section 358.--Section 358(d)(1) of such Code (relating to assumption of liability) is amended by striking ``or acquired from the taxpayer property subject to a liability''. (3) Section 368.-- (A) Section 368(a)(1)(C) of such Code is amended by striking ``, or the fact that property acquired is subject to a liability,''. (B) The last sentence of section 368(a)(2)(B) of such Code is amended by striking ``, and the amount of any liability to which any property acquired from the acquiring corporation is subject,''. (b) Clarification of Assumption of Liability.-- (1) In general.--Section 357 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Determination of Amount of Liability Assumed.-- ``(1) In general.--For purposes of this section, section 358(d), section 362(d), section 368(a)(1)(C), and section 368(a)(2)(B), except as provided in regulations-- ``(A) a recourse liability (or portion thereof) shall be treated as having been assumed if, as determined on the basis of all facts and circumstances, the transferee has agreed to, and is expected to, satisfy such liability (or portion), whether or not the transferor has been relieved of such liability; and ``(B) except to the extent provided in paragraph (2), a nonrecourse liability shall be treated as having been assumed by the transferee of any asset subject to such liability. ``(2) Exception for nonrecourse liability.--The amount of the nonrecourse liability treated as described in paragraph (1)(B) shall be reduced by the lesser of-- ``(A) the amount of such liability which an owner of other assets not transferred to the transferee and also subject to such liability has agreed with the transferee to, and is expected to, satisfy, or ``(B) the fair market value of such other assets (determined without regard to section 7701(g)). ``(3) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection and section 362(d). The Secretary may also prescribe regulations which provide that the manner in which a liability is treated as assumed under this subsection is applied, where appropriate, elsewhere in this title.'' (2) Limitation on basis increase attributable to assumption of liability.--Section 362 of such Code is amended by adding at the end the following new subsection: ``(d) Limitation on Basis Increase Attributable to Assumption of Liability.-- ``(1) In general.--In no event shall the basis of any property be increased under subsection (a) or (b) above the fair market value of such property (determined without regard to section 7701(g)) by reason of any gain recognized to the transferor as a result of the assumption of a liability. ``(2) Treatment of gain not subject to tax.--Except as provided in regulations, if-- ``(A) gain is recognized to the transferor as a result of an assumption of a nonrecourse liability by a transferee which is also secured by assets not transferred to such transferee; and ``(B) no person is subject to tax under this title on such gain, then, for purposes of determining basis under subsections (a) and (b), the amount of gain recognized by the transferor as a result of the assumption of the liability shall be determined as if the liability assumed by the transferee equaled such transferee's ratable portion of such liability determined on the basis of the relative fair market values (determined without regard to section 7701(g)) of all of the assets subject to such liability.''. (c) Application to Provisions Other Than Subchapter C.-- (1) Section 584.--Section 584(h)(3) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``, and the fact that any property transferred by the common trust fund is subject to a liability,'' in subparagraph (A); and (B) by striking clause (ii) of subparagraph (B) and inserting: ``(ii) Assumed liabilities.--For purposes of clause (i), the term `assumed liabilities' means any liability of the common trust fund assumed by any regulated investment company in connection with the transfer referred to in paragraph (1)(A). ``(C) Assumption.--For purposes of this paragraph, in determining the amount of any liability assumed, the rules of section 357(d) shall apply.'' (2) Section 1031.--The last sentence of section 1031(d) of such Code is amended-- (A) by striking ``assumed a liability of the taxpayer or acquired from the taxpayer property subject to a liability'' and inserting ``assumed (as determined under section 357(d)) a liability of the taxpayer''; and (B) by striking ``or acquisition (in the amount of the liability)''. (d) Conforming Amendments.-- (1) Section 351(h)(1) of the Internal Revenue Code of 1986 is amended by striking ``, or acquires property subject to a liability,''. (2) Section 357 of such Code is amended by striking ``or acquisition'' each place it appears in subsection (a) or (b). (3) Section 357(b)(1) of such Code is amended by striking ``or acquired''. (4) Section 357(c)(1) of such Code is amended by striking ``, plus the amount of the liabilities to which the property is subject,''. (5) Section 357(c)(3) of such Code is amended by striking ``or to which the property transferred is subject''. (6) Section 358(d)(1) of such Code is amended by striking ``or acquisition (in the amount of the liability)''. (e) Effective Date.--The amendments made by this section shall apply to transfers after October 18, 1998.", "summary": "Amends the Internal Revenue Code to revise provisions concerning a corporation, its shareholders, and the transferring of certain assets and liabilities."}
{"article": "SECTION 1. PATENT TERM RESTORATION REVIEW PROCEDURE FOR CERTAIN DRUG PRODUCTS. (a) Short Title.--This Act may be cited as the ``Drug Patent Term Restoration Review Procedure Act of 1999''. (b) Patent Term Restoration.-- (1) In general.--Chapter 14 of title 35, United States Code, is amended by inserting after section 155A the following new section: ``Sec. 155B. Patent term restoration review procedure for certain drug products ``(a) Definitions.--For purposes of this section-- ``(1) the term `Commissioner' means the Commissioner of Patents and Trademarks; and ``(2) the term `drug product' has the meaning given that term under section 156(f)(2)(A), but does not include drugs or products described under section 156(f)(2)(B). ``(b) Special Patent Term Review Procedure.-- ``(1) In general.-- ``(A) Patent restored.--The term of any patent described under subparagraph (B) shall be restored under paragraph (3) from the expiration date determined under section 154 (including any extension granted under section 156), if the Commissioner determines that the standards under paragraph (2) have been met. ``(B) Patent.--Subparagraph (A) refers to any patent that-- ``(i) has been extended under section 156, subject to the 2-year limitation described under section 156(g)(6)(c); ``(ii) is in force on-- ``(I) September 24, 1984; ``(II) the date of enactment of this section; and ``(III) the date of filing an application under this section; and ``(iii) claims a drug product, a method of using a drug product, or a method of manufacturing a drug product. ``(2) Standards.-- ``(A) In general.--Upon application by the owner of record of the patent or its agent under paragraph (5) and consideration of the application and all materials submitted by parties that would be aggrieved by grant of the restoration of a patent, the term of a patent described in paragraph (1) shall be restored if the Commissioner determines that-- ``(i) the period set forth in section 156(g)(1)(B)(ii) for the drug product exceeded 60 months; ``(ii) the owner of record of the patent or its agent has established by clear and convincing evidence that the patent owner acted with due diligence (as such term is defined in section 156(d)(3) and applied in section 156(d)(2)) during the regulatory review period referred to in section 156(g)(1)(B); and ``(iii) granting the patent restoration would not be detrimental to the public interest and the interest of fairness, as defined by the factors set forth in paragraph (7). ``(B) Determination.-- ``(i) Deduction of time.--If the Commissioner determines there is substantial evidence that the patent owner did not act with due diligence during a part of the regulatory review period, that part shall be deducted from the total amount of time in the applicable regulatory review period referred to in section 156(g)(1)(B), and the resulting period, shall be the basis for calculating the patent restoration term under paragraph (3) of this subsection. ``(ii) FDA consultation.--The Food and Drug Administration shall be consulted with respect to the Commissioner's determinations under subparagraph (A) (i), (ii), and (iii). If there is a dispute concerning the underlying facts between the patent owner and the Food and Drug Administration, the Food and Drug Administration shall make the relevant records of the Administration available to the Commissioner. ``(3) Restoration term.--If the Commissioner determines that the standards in paragraph (2) have been met for a patent, the term of such patent shall be restored for a period equal to the regulatory review period as defined in section 156(g)(1)(B) (taking into account any deduction under paragraph (2)(B)(i)), without taking into account the 2-year limitation described in section 156(g)(6)(C), except that-- ``(A) the total of the period of the patent term restoration granted under this section and any patent term extension previously granted under section 156 shall be subject to the time period limitations described in section 156(c)(2)-156 (c)(4) and (g)(6)(A); and ``(B) any patent term extension previously granted under section 156 shall be subtracted from the period of the patent term restoration granted under this subsection. ``(4) Infringement.--During the period of any restoration granted under this subsection, the rights derived from a patent the term of which is restored shall be determined in accordance with sections 156(b) and 271. ``(5) Procedure.-- ``(A) Time for filing.--Any application under this section shall be filed with the Commissioner within 90 days after the date of enactment of this section. ``(B) Filing.--Upon submission of an application to the Commissioner by the owner of record of a patent referred to in paragraph (1) or its agent for a determination in accordance with paragraph (3)-- ``(i) the Commissioner shall publish within 30 days after the submission in the Federal Register a notice of receipt of an application and make the application available to the public upon request; ``(ii) any interested party may submit comments on the application within the 60-day period beginning on the date of publication of the notice; ``(iii) within 7 days following the expiration of that 60-day period, the Commissioner shall forward a copy of all comments received to the applicant, who shall be entitled to submit a response to such comments to the Commissioner within 45 days after receipt of such comments; ``(iv) within 30 days following receipt of the applicant's response to comments or, if there are no such comments, within 30 days following expiration of the 60-day comment period, the Commissioner shall, in writing-- ``(I) determine whether to grant the application; and ``(II) make specific findings regarding the criteria set forth in paragraph (2) (including, where appropriate, findings regarding the public interest and fairness factors set forth in paragraph (7)); and ``(v) if the Commissioner determines that the standards set forth in paragraph (2) have been met, the Commissioner shall-- ``(I) issue to the applicant a certificate of restoration, under seal, for the period prescribed under paragraph (3); and ``(II) record the certificate in the official file of the patent, which certificate shall be in effect from the date it issues and shall be considered a part of the original patent. ``(C) Patent term during review.--If the term of a patent for which an application has been submitted under this section would expire before a determination to issue a certificate of restoration is made under subparagraph (B), the Commissioner may extend, until such determination is made (but not to exceed 1 year) the term of the patent if the Commissioner determines that the patent likely would be eligible for restoration. ``(D) Record and review.--The Commissioner's determination under subparagraph (B)(iv) shall be based solely on the record developed under this subsection. Except as provided in section 141, the Commissioner's determination shall not be reviewable in any court. ``(6) Application fee.--The applicant shall pay a fee for an application made under this subsection which shall be determined in accordance with the same criteria as the fees established under section 156(h). ``(7) Public interest and fairness.--When required to make a determination under paragraph (2)(A)(iii), the Commissioner shall consider each of the following factors and shall not rely solely on any single factor: ``(A) Whether grant of the application would result in the public having no other commercially available alternatives to treat the same disease or condition as the drug claimed in the patent that is the subject of the patent term restoration request. ``(B) Whether grant of the application would disserve society's interest in the availability of innovative drugs at competitive prices. ``(C) Whether denial of the application would disserve society's interest in encouraging and rewarding pharmaceutical research and innovation. ``(D) Whether denial of the application would be unfair to the applicant, in comparison to others who have experienced the benefits of a 5-year patent restoration under section 156 while experiencing similar regulatory review delays. ``(E) Whether other manufacturers, before the date of enactment of this section, have submitted applications under sections 505(b)(2) or (j) of the Federal Food, Drug, and Cosmetic Act that are sufficiently complete to permit substantive review and have made substantial investments to manufacture a generic version of the particular drug that is the subject of the patent term restoration application, which would not receive the compensation specified under subsection (e) of the Drug Patent Term Restoration Review Procedure Act of 1999.''. (2) Technical and conforming amendment.--The table of sections for chapter 14 of title 35, United States Code, is amended by inserting after the item relating to section 155A the following: ``155B. Patent term restoration review procedure for certain drug products.''. (c) Appeal of Determinations of the Commissioner.--Section 141 of title 35, United States Code, is amended by adding at the end the following: ``The applicant under section 155B, or any aggrieved party that made a submission commenting on an application under section 155B, may appeal the determination of the Commissioner under such section to the United States Court of Appeals for the Federal Circuit.''. (d) Court Jurisdiction.-- (1) Court of appeals for the federal circuit.--Section 1295(a)(4) of title 28, United States Code, is amended-- (A) in subparagraph (B), by striking ``or'' after the semicolon; (B) in subparagraph (C), by adding ``or'' after the semicolon; and (C) by inserting after subparagraph (C) the following: ``(D) the Commissioner of Patents and Trademarks under section 155B of title 35;''. (2) Jurisdiction based on infringement of patent.--Section 271(e) of title 35, United States Code, is amended by adding at the end the following: ``(5) In any action brought under paragraph (2) involving a patent, the term of which has been restored under section 155B, the alleged infringer shall have the right to seek compensation under subsection (e) of the Drug Patent Term Restoration Review Procedure Act of 1999.''. (e) Compensation.-- (1) In general.--In the event a person has submitted an application described in section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2),(j)) for a drug product covered by a patent for which a patent term restoration was provided under section 155B of title 35, United States Code (as added by subsection (a)(1)) and such application has been found by the Food and Drug Administration on or before the date of the enactment of this section to be sufficiently complete to permit substantive review, such person shall be entitled to compensation of $2,000,000 by the patent owner. Any holder of a Type II Drug Master File that has permitted a reference to its Type II Drug Master File to be made in such application shall be entitled to compensation of $1,000,000 by the patent owner. (2) Limits on liability.--A patent owner shall not be required to make under paragraph (1) payments exceeding-- (A) $10,000,000 to persons submitting applications described in such paragraph, or (B) $5,000,000 to holders of Type II Drug Master Files. If the aggregate limits are insufficient to pay the applicants or holders the full amounts specified in paragraph (1), each such applicant or holder shall be paid its per capita share of the aggregate liability imposed by paragraph (1) upon the patent holder. (f) Effect of Filing of Abbreviated Applications.--The fact that 1 or more abbreviated applications have been filed under section 505 (b) or (j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (b) or (j)) for approval of a drug product, which is covered by a patent that is the subject of an application for term restoration under this section, shall not preclude the grant of such term restoration. (g) Report to Congress.--Not later than 1 year after the effective date of this section, the Commissioner of Patents and Trademarks shall-- (1) submit to Congress a report evaluating the patent term restoration review procedure established under this section; and (2) include in such report a recommendation whether Congress should consider establishing such a patent term restoration review procedure for other patents. (h) Effective Date.--This section shall take effect on the date of enactment of this section and an owner of record of a patent referred to under section 155B(b)(1) of title 35, United States Code (as added by this section); or an agent of the owner shall be immediately eligible on such a date to submit an application to the Commissioner for a determination in accordance with subsection (b)(3) of such section. SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) Limitation on Use of Patents to Prevent ANDA Approval.-- (1) Application.--Section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended by adding at the end the following: ``For an approved product claimed in a patent, the term of which has been restored pursuant to section 155B of title 35, United States Code, the certification required by subparagraph (A) is limited to any patent that claims an active ingredient, including any salt or ester of the active ingredient, of the approved product, alone or in combination with another active ingredient.''. (2) Abbreviated application.--Section 505(j)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is amended by adding at the end the following: ``For an approved product claimed in a patent, the term of which has been restored pursuant to section 155B of title 35, United States Code, the certification required by clause (vii) is limited to any patent that claims an active ingredient, including any salt or ester of the active ingredient, of the approved product, alone or in combination with another active ingredient.''. (b) Exclusivity for Generic Drug.--Section 505(j)(5)(B)(iv) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) is amended by inserting after ``containing such certification'' the following: ``and for which an action for infringement of a patent which is the subject of such a certification has been brought before the expiration of 45 days from the date of the notice provided under paragraph (2)(B)(i) is received''.", "summary": "(Sec. 1) Defines such standards as: (1) a regulatory review period from application submission to application approval exceeding 60 months; (2) clear and convincing evidence by the owner of record of the patent (or its agent) that the patent owner acted with due diligence; and (3) absence of any detriment by the granting of patent restoration to the public interest and the interest of fairness. Requires subtraction from the total amount of the restoration term of any time during the regulatory review period during which the Commissioner finds that the applicant for patent term restoration did not act with due diligence. Limits a restoration period, together with any extension period, and subject to other specified restrictions and adjustments, to five years. Requires restoration term applications to be filed within 90 days after enactment of this Act. Specifies factors of public interest and fairness the Commissioner shall consider when making a term restoration determination, including whether: (1) grant of the application would disserve society's interest in the availability of innovative drugs at competitive prices; or (2) denial of the application would disserve society's interest in encouraging and rewarding pharmaceutical research and innovation. Provides for: (1) claim determination procedure; (2) a one-year extension of the patent term pending final disposition; and (3) appeal of the Commissioner's determinations to the U.S. Court of Appeals for the Federal Circuit only. Entitles to compensation by the patent owner of any person who has submitted an new drug application under the Federal Food, Drug, and Cosmetic Act for a drug product covered by a patent for which a patent term was restored under this Act, if such application has been found by the Food and Drug Administration on or before enactment of this Act to be sufficiently complete to permit substantive review. Sets the amount of compensation at: (1) $2 million; or (2) $1 million for any holder of a Type II Drug Master File that has permitted a reference to its File to be made in such application. Limits a patent owner's overall liability to: (1) $10 million to persons submitting new drug applications; or (2) $5 million to holders of Type II Drug Master Files. Requires the Commissioner to report to Congress: (1) an evaluation of the patent term restoration review procedure established by this Act; and (2) a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by this Act. (Sec. 2) Amends the Federal Food, Drug, and Cosmetic Act to limit a certain required certification in an application (including an abbreviated application) for an approved product claimed in a patent whose term has been restored, to any patent that claims an active ingredient, including any salt or ester of the active ingredient, of the approved product, alone or in combination with another active ingredient (thus limiting the use of patents to prevent new drug approval)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazardous Materials Cooperative Research Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. Congress finds the following: (1) There are more than 1,000,000 shipments per day in the United States of materials identified as hazardous by the Department of Transportation. These shipments are estimated to total 2,100,000,000 tons of hazardous cargo per year and to comprise more than 18 percent of the total freight tonnage moved in the United States annually. (2) Hazardous materials are shipped by all transportation modes, and it is estimated that there are currently 400,000 large trucks, 115,000 railroad tank cars, and 3,000 tank barges dedicated to the shipment of hazardous materials. (3) More than a dozen Federal agencies have regulatory, enforcement, and operational responsibilities for ensuring the safety and security of hazardous materials shipments. In addition, a variety of State and local agencies have responsibility for developing and enforcing State-level regulations and for responding to incidents involving hazardous materials. (4) Decisions regarding the packaging and routing of hazardous materials shipments, the development and implementation of procedures to ensure both the safety and security of such shipments, and the regulation of hazardous materials shipments are made by industry groups and government entities at a variety of levels and in all modal administrations of the Department of Transportation on a daily basis. (5) The Federal agencies involved in the regulation and oversight of hazardous materials shipments, as well as State and local governments, carriers, shippers, and other groups, conduct on-going research on the transportation of hazardous materials. However, much of this research is program or mode- specific and as such is focused on addressing only the regulatory, inspection, enforcement, or operational needs of the group undertaking the research. (6) There is a documented need for the establishment of a cooperative research program that will engage all modes and actors, both public and private, involved in the transportation of hazardous materials in conducting cross-cutting assessments of hazardous materials transportation issues that are national and multi-modal in scope and application. SEC. 3. HAZARDOUS MATERIALS COOPERATIVE RESEARCH PROGRAM. (a) In General.--The Secretary of Transportation shall establish and carry out a hazardous materials cooperative research program in accordance with the requirements of this section. (b) Governing Board.--The Secretary shall establish an independent governing board to select projects and studies to be carried out under the hazardous materials cooperative research program. The governing board shall be comprised of one voting representative from each of the following: (1) The Federal Aviation Administration. (2) The Federal Motor Carrier Administration. (3) The Federal Transit Administration. (4) The Federal Railroad Administration. (5) The Maritime Administration. (6) The Research and Innovative Technology Administration. (7) The Pipeline and Hazardous Materials Safety Administration. (8) The Department of Homeland Security. (9) The Department of Energy. (10) The Environmental Protection Agency. (11) A State department of transportation. (12) A State emergency management agency. (13) A nonprofit organization representing emergency responders. (14) A hazmat employer. (15) A nonprofit organization representing hazmat employees. (16) A labor union representing members involved in shipping hazardous materials. (17) A hazardous materials manufacturer. (18) An organization representing the hazardous materials manufacturing industry. (19) A research university or research institution. (20) Additional representatives as the Secretary considers appropriate. (c) Research Studies.--Under the cooperative research program, the governing board shall select cooperative research studies of hazardous materials transportation that are cross-cutting in nature and that consider issues not adequately addressed by existing Federal or private sector research programs. Priority shall be given to research studies that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to incidents and accidents involving transportation of hazardous materials. (d) Implementation.--The Secretary shall make grants to, and enter a cooperative agreement with, the National Academy of Sciences to carry out projects and studies under the cooperative research program. (e) Definitions.--In this section, the terms ``hazmat employer'' and ``hazmat employee'' have the meanings given those terms in section 5102 of title 49, United States Code. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2010 through 2013. Such sums shall remain available until expended.", "summary": "Hazardous Materials Cooperative Research Act of 2009 - Directs the Secretary of Transportation to establish: (1) a hazardous materials cooperative research program; and (2) an independent governing board to select cooperative research projects and studies of hazardous materials transportation to be carried out under the program that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to accidents involving the transportation of hazardous materials."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Staffing for Adequate Fire and Emergency Response Firefighters Act of 2003''. SEC. 2. OFFICE OF GRANT MANAGEMENT. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by redesignating the second section 33 and section 34 as sections 35 and 36, respectively, and by inserting after the first section 33 the following new section: ``SEC. 34. OFFICE OF GRANT MANAGEMENT. ``(a) Establishment.--A new office within the United States Fire Administration shall be established to administer the SAFER Firefighter grant program under this section. ``(b) Authority To Make Grants.--(1) The Administrator may make grants directly to career, voluntary, and combination fire departments of a State, in consultation with the chief executive of the State, for the purpose of substantially increasing the number of firefighters so that communities can meet industry minimum standards to provide adequate protection from acts of terrorism and hazards. ``(2)(A) Grants made under paragraph (1) shall be for 4 years and be used for programs to hire new, additional career firefighters. ``(B) Grantees are required to commit to retaining for at least 1 year beyond the termination of their grants those career firefighters hired under paragraph (1). ``(3) In awarding grants under this section, the Administrator may give preferential consideration, where feasible, to applications for hiring and rehiring additional career firefighters that involve a non- Federal contribution exceeding the minimums under paragraph (5). ``(4) The Administrator may provide technical assistance to States, units of local government, Indian tribal governments, and to other public entities, in furtherance of the purposes of this section. ``(5) The portion of the costs of a program, project, or activity provided by a grant under paragraph (1) may not exceed-- ``(A) 90 percent in the first year of the grant; ``(B) 80 percent in the second year of the grant; ``(C) 50 percent in the third year of the grant; and ``(D) 30 percent in the fourth year of the grant, unless the Administrator waives, wholly or in part, the requirement under this paragraph of a non-Federal contribution to the costs of a program, project, or activity. ``(6) The authority under paragraph (1) of this section to make grants for the hiring of additional career firefighters shall lapse at the conclusion of 10 years from the date of enactment of this section. Prior to the expiration of this grant authority, the Administrator shall submit a report to Congress concerning the experience with and effects of such grants. The report may include any recommendations the Administrator may have for amendments to this section and related provisions of law. ``(c) Applications.--(1) No grant may be made under this section unless an application has been submitted to, and approved by, the Administrator. ``(2) An application for a grant under this section shall be submitted in such form, and contain such information, as the Administrator may prescribe by regulation or guidelines. ``(3) In accordance with the regulations or guidelines established by the Administrator, each application for a grant under this section shall-- ``(A) include a long-term strategy and detailed implementation plan that reflects consultation with community groups and appropriate private and public agencies and reflects consideration of the statewide strategy; ``(B) explain the applicant's inability to address the need without Federal assistance; ``(C) outline the initial and ongoing level of community support for implementing the proposal including financial and in-kind contributions or other tangible commitments; ``(D) specify plans for obtaining necessary support and continuing the proposed program, project, or activity following the conclusion of Federal support; and ``(E) provide assurances that the applicant will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase their ranks within firefighting. ``(4) Notwithstanding any other provision of this section, in relation to applications under this section of units of local government or fire districts having jurisdiction over areas with populations of less than 50,000, the Administrator may waive 1 or more of the requirements of paragraph (3) and may otherwise make special provisions to facilitate the expedited submission, processing, and approval of such applications. ``(d) Limitation on Use of Funds.--(1) Funds made available under this section to States or units of local government for salaries and benefits to hire new, additional career firefighters shall not be used to supplant State or local funds, or, in the case of Indian tribal governments, funds supplied by the Bureau of Indian Affairs, but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this section, be made available from State or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs. ``(2) Funds appropriated by the Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing firefighting functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this section. ``(3)(A) Total funding provided under this section over 4 years for hiring a career firefighter may not exceed $100,000, unless the Administrator grants a waiver from this limitation. ``(B) The $100,000 cap shall be adjusted annually for inflation beginning in fiscal year 2005. ``(e) Performance Evaluation.--(1) Each program, project, or activity funded under this section shall contain a monitoring component, developed pursuant to guidelines established by the Administrator. The monitoring required by this subsection shall include systematic identification and collection of data about activities, accomplishments, and programs throughout the life of the program, project, or activity and presentation of such data in a usable form. ``(2) Selected grant recipients shall be evaluated on the local level or as part of a national evaluation, pursuant to guidelines established by the Administrator. Such evaluations may include assessments of individual program implementations. In selected jurisdictions that are able to support outcome evaluations, the effectiveness of funded programs, projects, and activities may be required. ``(3) The Administrator may require a grant recipient to submit to the Administrator the results of the monitoring and evaluations required under paragraphs (1) and (2) and such other data and information as the Administrator considers reasonably necessary. ``(f) Revocation or Suspension of Funding.--If the Administrator determines, as a result of the activities under subsection (e), or otherwise, that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application submitted under subsection (c), the Administrator may revoke or suspend funding of that grant, in whole or in part. ``(g) Access to Documents.--(1) The Administrator shall have access for the purpose of audit and examination to any pertinent books, documents, papers, or records of a grant recipient under this section and to the pertinent books, documents, papers, or records of State and local governments, persons, businesses, and other entities that are involved in programs, projects, or activities for which assistance is provided under this section. ``(2) Paragraph (1) shall apply with respect to audits and examinations conducted by the Comptroller General of the United States or by an authorized representative of the Comptroller General. ``(h) Definitions.--In this section, the term-- ``(1) `firefighter' has the meaning given the term `employee in fire protection activities' under section 3(a) of the Fair Labor Standards Act (29 U.S.C. 203(y)); and ``(2) `Indian tribe' means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(i) Authorization of Appropriations.--There are authorized to be appropriated for the purposes of carrying out this section-- ``(1) $1,000,000,000 for fiscal year 2004; ``(2) $1,030,000,000 for fiscal year 2005; ``(3) $1,061,000,000 for fiscal year 2006; ``(4) $1,093,000,000 for fiscal year 2007; ``(5) $1,126,000,000 for fiscal year 2008; ``(6) $1,159,000,000 for fiscal year 2009; and ``(7) $1,194,000,000 for fiscal year 2010.''.", "summary": "Staffing for Adequate Fire and Emergency Response Firefighters Act of 2003 - Amends the Federal Fire Prevention and Control Act of 1974 to require the establishment of an office within the United States Fire Administration to administer the Staffing for Adequate Fire and Emergency Response (SAFER) Firefighter grant program under this Act.Authorizes the U.S. Fire Administrator to make direct four-year grants to State career, volunteer, and combination fire departments for staff increases in order to provide protection from terrorism and hazards. Specifies Federal grant contribution levels. Requires grantees to retain hired career firefighters for at least one year after grant termination. Terminates program authority ten years after enactment of this Act.Authorizes the Administrator to: (1) give preferential hiring to career firefighters where non-federal contributions exceed the minimums provided for by this Act; and (2) provide technical assistance to States, local governments, Indian tribes, and other public entities.Requires project evaluations."}
{"article": "SECTION 1. SPECIAL OFFICE OF THE INSPECTOR GENERAL FOR NATURAL DISASTER RESPONSE AND RECONSTRUCTION. (a) Purposes.--The purposes of this section are as follows: (1) To ensure that funds, services, products, and programs intended to meet the needs of victims of Hurricane Katrina are effectively and efficiently provided by maintaining direct, independent and objective conduct of related audits and investigations. (2) To provide the Inspector General of the Department of Homeland Security additional resources capable of making recommendations and policies to prevent and detect fraud and abuse, and ensure effective administration of programs and services related to the aftermath of Hurricane Katrina. (b) Definitions.--In this section: (1) Affected area.--The term ``affected area'' means any area determined in Presidential Disaster Declaration 1603, 1604, or 1605, issued August 29, 2005, to be adversely affected by a major disaster. (2) The term ``Inspector General'' means the Inspector General of the Department of Homeland Security. (3) The term ``Special Office'' means the Special Office of the Inspector General for Natural Disaster Response and Reconstruction established by this section. (4) The term ``Director'' means the Director of the Special Office. (c) Special Office of the Inspector General for Natural Disaster Response and Reconstruction.--There is hereby established within the Office of the Inspector General of the Department of Homeland Security the Special Office of the Inspector General for Natural Disaster Response and Reconstruction. (d) Director of the Special Office of the Inspector General.-- (1) In general.--The Director of the Special Office of the Inspector General shall be the head of the Special Office and shall be appointed by the Inspector General. (2) Basis for appointment.--The appointment of the Director shall be made solely on the basis of integrity, administrative expertise, and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (3) Deadline for appointment.--The appointment of a Director by the Inspector General shall be made not later than 30 days after the date of the enactment of this Act. (4) Basic pay.--The annual rate of basic pay of the Director shall be set by the Inspector General, subject to the provisions of chapter 51 and subchapter III of chapter 53 or title 5, United States Code, governing classification and General Schedule pay rates. (e) Supervision.--The Director shall report directly to, and be under the direct authority and general supervision of, the Inspector General. (f) Duties.-- (1) In general.--It shall be the duty of the Special Office to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of Federal funds by any organization providing relief, assistance, or reconstruction related to Hurricane Katrina and of the programs, operations, and contracts carried out utilizing such funds, including-- (A) the oversight and accounting of the obligation and expenditure of such funds; (B) the monitoring and review of reconstruction activities funded by such funds; (C) the monitoring and review of contracts funded by such funds; (D) the monitoring and review of the transfer of such funds and associated information between and among the affected States, departments, agencies, and entities of the Federal Government, and private and nongovernmental entities; and (E) the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds. (2) Systems, procedure, and controls.--The Director, in consultation with the Inspector General, shall establish, maintain, and oversee such systems, procedures, and controls as shall be considered appropriate by them to discharge the duty under paragraph (1). (g) Personnel, Facilities, and Other Resources.-- (1) Additional employee.--The Inspector General may select, appoint, and employ additional employees above authorized levels as may be necessary for carrying out the duties of the Special Office under this section, but no more than 40 additional full-time equivalent positions. (2) Field office.--The Inspector General may operate field offices in the affected areas as may be necessary for the Special Office to carry out the duties prescribed in subsection (f). (h) Reports.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, or the end of the first fiscal quarter beginning after the date of the enactment of this Act, whichever is later, and every fiscal quarter thereafter, the Inspector General shall submit to the Congress a report summarizing the activities and findings, if any, of the Special Office during the period after the last report issued/preceding fiscal quarter? note that there will be no ``last report '' before the first report . Each report shall include, for the period covered by such report, a detailed statement of all obligations, expenditures, and revenues associated with relief, reconstruction, and rehabilitation activities in the areas affected by Hurricane Katrina, including the following: (A) Obligations and expenditures of appropriated funds. (B) Revenues attributable to or consisting of funds provided by foreign nations or international organizations, and any obligations or expenditures of such revenues. (C) Any contracts having a value of more than $2,000,000 entered into by any Federal agency with any public or private entity, to-- (i) provide products, services, or temporary or permanent housing to those persons affected by Hurricane Katrina; and (ii) build or rebuild physical infrastructure in the affected areas. (D) In the case of any contract described in subparagraph (C)-- (i) the amount of the contract or other agreement; (ii) a brief discussion of the scope of the contract or other agreement; (iii) a discussion of how the contracting agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers; and (iv) the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. (E) A discussion related to any administrative delays in getting available services or products to the their intended recipients in a timely manner. (2) Prohibition on disclosure of information.--Nothing in this subsection shall be construed to authorize the public disclosure of information that is specifically prohibited from disclosure under law. (i) Transparency.--Not later than 60 days after the date of the submittal to the Congress of a report under subsection (h), the Secretary of Homeland Security shall make copies of such report available to the public upon request, and at a reasonable cost. (j) Funding.--Of the funds appropriated for the Department of Homeland Security in the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005, $15,000,000 shall be available to the Office of the Inspector General to carry out this section for fiscal year 2006.", "summary": "Establishes within the Office of Inspector General of the Department of Homeland Security the Special Office of the Inspector General for Natural Disaster Response and Reconstruction. Requires the Special Office to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of federal funds by any organization providing relief, assistance, or reconstruction related to Hurricane Katrina, and of the programs, operations, and contracts carried out utilizing such funds."}
{"article": "SECTION 1. DISTRIBUTION OF JUDGMENT FUNDS. (a) Funds To Be Deposited Into Separate Accounts.-- (1) In general.--Subject to section 2, not later than 30 days after the date of enactment of this Act, the funds appropriated on September 19, 1989, in satisfaction of an award granted to the Quinault Indian Nation under Dockets 772-71, 773-71, 774-71, and 775-71 before the United States Claims Court, less attorney fees and litigation expenses, and including all interest accrued to the date of disbursement, shall be distributed by the Secretary and deposited into 3 separate accounts to be established and maintained by the Quinault Indian Nation (referred to in this Act as the ``Tribe'') in accordance with this subsection. (2) Account for principal amount.-- (A) In general.--The Tribe shall-- (i) establish an account for the principal amount of the judgment funds; and (ii) use those funds to establish a Permanent Fisheries Fund. (B) Use and investment.--The principal amount described in subparagraph (A)(i)-- (i) except as provided in subparagraph (A)(ii), shall not be expended by the Tribe; and (ii) shall be invested by the Tribe in accordance with the investment policy of the Tribe. (3) Account for investment income.-- (A) In general.--The Tribe shall establish an account for, and deposit in the account, all investment income earned on amounts in the Permanent Fisheries Fund established under paragraph (2)(A)(ii) after the date of distribution of the funds to the Tribe under paragraph (1). (B) Use of funds.--Funds deposited in the account established under subparagraph (A) shall be available to the Tribe-- (i) subject to subparagraph (C), to carry out fisheries enhancement projects; and (ii) pay expenses incurred in administering the Permanent Fisheries Fund established under paragraph (2)(A)(ii). (C) Specification of projects.--Each fisheries enhancement project carried out under subparagraph (B)(i) shall be specified in the approved annual budget of the Tribe. (4) Account for income on judgment funds.-- (A) In general.--The Tribe shall establish an account for, and deposit in the account, all investment income earned on the judgment funds described in subsection (a) during the period beginning on September 19, 1989, and ending on the date of distribution of the funds to the Tribe under paragraph (1). (B) Use of funds.-- (i) In general.--Subject to clause (ii), funds deposited in the account established under subparagraph (A) shall be available to the Tribe for use in carrying out tribal government activities. (ii) Specification of activities.--Each tribal government activity carried out under clause (i) shall be specified in the approved annual budget of the Tribe. (b) Determination of Amount of Funds Available.--Subject to compliance by the Tribe with paragraphs (3)(C) and (4)(B)(ii) of subsection (a), the Quinault Business Committee, as the governing body of the Tribe, may determine the amount of funds available for expenditure under paragraphs (3) and (4) of subsection (a). (c) Annual Audit.--The records and investment activities of the 3 accounts established under subsection (a) shall-- (1) be maintained separately by the Tribe; and (2) be subject to an annual audit. (d) Reporting of Investment Activities and Expenditures.--Not later than 120 days after the date on which each fiscal year of the Tribe ends, the Tribe shall make available to members of the Tribe a full accounting of the investment activities and expenditures of the Tribe with respect to each fund established under this section (which may be in the form of the annual audit described in subsection (c)) for the fiscal year. SEC. 2. CONDITIONS FOR DISTRIBUTION. (a) United States Liability.--On disbursement to the Tribe of the funds under section 1(a), the United States shall bear no trust responsibility or liability for the investment, supervision, administration, or expenditure of the funds. (b) Application of Other Law.--All funds distributed under this Act shall be subject to section 7 of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407).", "summary": "Specifies the distribution and use of funds appropriated on September 19, 1989, in satisfaction of an award granted to the Quinault Indian Nation under Dockets 772-71, 773-71, 774-71, and 775-71 before the United States Claims Court. Requires distribution and deposit of such funds into three accounts (for Principal Amount, for Investment Income, and for Income on Judgment Funds), to be established by the Tribe, maintained separately, and audited annually. Requires use of the Account for Principal Amount to establish a Permanent Fisheries Fund. Exempts the United States from any trust responsibility or liability for funds upon their disbursement to the Tribe."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Peopling of America Theme Study Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) an important facet of the history of the United States is the story of how the United States was populated; (2) the migration, immigration, and settlement of the population of the United States-- (A) is broadly termed the ``peopling of America''; and (B) is characterized by-- (i) the movement of groups of people across external and internal boundaries of the United States and territories of the United States; and (ii) the interactions of those groups with each other and with other populations; (3) each of those groups has made unique, important contributions to American history, culture, art, and life; (4) the spiritual, intellectual, cultural, political, and economic vitality of the United States is a result of the pluralism and diversity of the American population; (5) the success of the United States in embracing and accommodating diversity has strengthened the national fabric and unified the United States in its values, institutions, experiences, goals, and accomplishments; (6)(A) the National Park Service's official thematic framework, revised in 1996, responds to the requirement of section 1209 of the Civil War Sites Study Act of 1990 (16 U.S.C. 1a-5 note; title XII of Public Law 101-628), that ``the Secretary shall ensure that the full diversity of American history and prehistory are represented'' in the identification and interpretation of historic properties by the National Park Service; and (B) the thematic framework recognizes that ``people are the primary agents of change'' and establishes the theme of human population movement and change--or ``peopling places''--as a primary thematic category for interpretation and preservation; and (7) although there are approximately 70,000 listings on the National Register of Historic Places, sites associated with the exploration and settlement of the United States by a broad range of cultures are not well represented. (b) Purposes.--The purposes of this Act are-- (1) to foster a much-needed understanding of the diversity and contribution of the breadth of groups who have peopled the United States; and (2) to strengthen the ability of the National Park Service to include groups and events otherwise not recognized in the peopling of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Theme study.--The term ``theme study'' means the national historic landmark theme study required under section 4. (3) Peopling of america.--The term ``peopling of America'' means the migration, immigration, and settlement of the population of the United States. SEC. 4. NATIONAL HISTORIC LANDMARK THEME STUDY ON THE PEOPLING OF AMERICA. (a) Theme Study Required.--The Secretary shall prepare and submit to Congress a national historic landmark theme study on the peopling of America. (b) Purpose.--The purpose of the theme study shall be to identify regions, areas, trails, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures that-- (1) best illustrate and commemorate key events or decisions affecting the peopling of America; and (2) can provide a basis for the preservation and interpretation of the peopling of America that has shaped the culture and society of the United States. (c) Identification and Designation of Potential New National Historic Landmarks.-- (1) In general.--The theme study shall identify and recommend for designation new national historic landmarks. (2) List of appropriate sites.--The theme study shall-- (A) include a list, in order of importance or merit, of the most appropriate sites for national historic landmark designation; and (B) encourage the nomination of other properties to the National Register of Historic Places. (3) Designation.--On the basis of the theme study, the Secretary shall designate new national historic landmarks. (d) National Park System.-- (1) Identification of sites within current units.--The theme study shall identify appropriate sites within units of the National Park System at which the peopling of America may be interpreted. (2) Identification of new sites.--On the basis of the theme study, the Secretary shall recommend to Congress sites for which studies for potential inclusion in the National Park System should be authorized. (e) Continuing Authority.--After the date of submission to Congress of the theme study, the Secretary shall, on a continuing basis, as appropriate to interpret the peopling of America-- (1) evaluate, identify, and designate new national historic landmarks; and (2) evaluate, identify, and recommend to Congress sites for which studies for potential inclusion in the National Park System should be authorized. (f) Public Education and Research.-- (1) Linkages.-- (A) Establishment.--On the basis of the theme study, the Secretary may identify appropriate means for establishing linkages-- (i) between-- (I) regions, areas, trails, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures identified under subsections (b) and (d); and (II) groups of people; and (ii) between-- (I) regions, areas, trails, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures identified under subsection (b); and (II) units of the National Park System identified under subsection (d). (B) Purpose.--The purpose of the linkages shall be to maximize opportunities for public education and scholarly research on the peopling of America. (2) Cooperative arrangements.--On the basis of the theme study, the Secretary shall, subject to the availability of funds, enter into cooperative arrangements with State and local governments, educational institutions, local historical organizations, communities, and other appropriate entities to preserve and interpret key sites in the peopling of America. (3) Educational initiatives.-- (A) In general.--The documentation in the theme study shall be used for broad educational initiatives such as-- (i) popular publications; (ii) curriculum material such as the Teaching with Historic Places program; (iii) heritage tourism products such as the National Register of Historic Places Travel Itineraries program; and (iv) oral history and ethnographic programs. (B) Cooperative programs.--On the basis of the theme study, the Secretary shall implement cooperative programs to encourage the preservation and interpretation of the peopling of America. SEC. 5. COOPERATIVE AGREEMENTS. The Secretary may enter into cooperative agreements with educational institutions, professional associations, or other entities knowledgeable about the peopling of America-- (1) to prepare the theme study; (2) to ensure that the theme study is prepared in accordance with generally accepted scholarly standards; and (3) to promote cooperative arrangements and programs relating to the peopling of America. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the Senate August 3, 2001. Attest: JERI THOMSON, Secretary.", "summary": "Peopling of America Theme Study Act - Directs the Secretary of the Interior to prepare and submit to Congress a national historic landmark theme study on the peopling of America to identify regions, areas, trails, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures that: (1) best illustrate and commemorate key events or decisions affecting the peopling of America; and (2) can provide a basis for the preservation and interpretation of the peopling of America that has shaped U.S. culture and society.Authorizes the Secretary to enter into cooperative agreements with educational institutions, professional associations, or other knowledgeable entities to prepare the study and promote cooperative arrangements and programs relating to the peopling of America.Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Turkey Free Trade Agreement Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Republic of Turkey (in this Act referred to as ``Turkey'') has played an important strategic, political, and economic role in Europe, Asia, and the Middle East since its founding in 1923 by Mustafa Kemal ``Ataturk'' following the collapse of the 600-year Ottoman Empire. (2) The friendship shared between the United States and Turkey dates to the late 18th century and was consecrated by the Treaty of Commerce and Navigation between the United States and the Ottoman Empire in 1830. (3) The United States reaffirmed its relationship with Turkey by entering into the Treaty of Commerce and Navigation of 1929. (4) The United States and Turkey have subsequently entered into over 60 treaties, memoranda of understanding, and other agreements on a broad range of issues, including a bilateral investment treaty (1986), a bilateral tax treaty (1998), and a trade and investment framework agreement (1999), as evidence of their strong friendship. (5) Turkey is located in the strategic corridor between Europe and Asia, bordering the Black Sea and the Mediterranean Sea. (6) Turkey has been a strategic partner of the United States since it joined the allies at the end of World War II. (7) The strategic alliance between Turkey and the United States was cemented by-- (A) the agreement of July 12, 1947 implementing the Truman doctrine; (B) Turkey's membership in the North Atlantic Treaty Organization (NATO) in 1952; and (C) the United States-Turkey Agreement for Cooperation on Defense and Economy of 1980. (8) Turkey is also an important industrialized economy and was a founding member of the Organization for Economic Cooperation and Development (OECD) and the United Nations. (9) Turkey has made significant progress since the 1980's in liberalizing its economy and integrating with the global economy. (10) Turkey has joined other nations in advocating an open trading system through its membership in the General Agreement on Tariffs and Trade and the World Trade Organization. (11) Despite the deep friendship between the United States and Turkey, their trading relationship remains small. (12) In 1998, United States merchandise exports to Turkey reached $3,500,000,000. (13) In 1998, United States imports from Turkey totaled $2,500,000,000 or less than 0.3 percent of United States total imports. (14) A free trade agreement between the United States and Turkey would greatly benefit both the United States and Turkey by expanding their commercial ties. SEC. 3. NEGOTIATING OBJECTIVES FOR A UNITED STATES-TURKEY FREE TRADE AGREEMENT. The overall trade negotiating objectives of the United States with respect to a United States-Turkey Free Trade Agreement are to obtain-- (1) more open, equitable, and reciprocal market access between the United States and Turkey; and (2) the reduction or elimination of barriers and other trade-distorting policies and practices that inhibit trade between the United States and Turkey. SEC. 4. NEGOTIATION OF A UNITED STATES-TURKEY FREE TRADE AGREEMENT. (a) In General.--Subject to sections 5 and 6, the President is authorized to enter into an agreement described in subsection (c). The provisions of section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)) shall apply with respect to a bill to implement such agreement if such agreement is entered into on or before December 31, 2005. (b) Tariff Proclamation Authority.-- (1) In general.--The President is authorized to proclaim-- (A) such modification or continuation of any existing duty, (B) such continuance of existing duty-free or excise treatment, or (C) such additional duties as the President determines to be required or appropriate to carry out the trade agreement described in subsection (c). (2) Limitations.--No proclamation may be made under paragraph (1) that-- (A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on the date of enactment of this Act) to a rate which is less than 50 percent of the rate of such duty that applies on such date of enactment; (B) provides for a reduction of duty on an article to take effect on a date that is more than 10 years after the first reduction that is proclaimed to carry out a trade agreement with respect to such article; or (C) increases any rate of duty above the rate that applied on the date of enactment of this Act. (3) Aggregate reduction; exemption from staging.-- (A) Aggregate reduction.--Except as provided in subparagraph (B), the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under paragraph (1) shall not exceed the aggregate reduction which would have been in effect on such day if-- (i) a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed under paragraph (1) to carry out such agreement with respect to such article; and (ii) a reduction equal to the amount applicable under clause (i) had taken effect at 1-year intervals after the effective date of such first reduction. (B) Exemption from staging.--No staging under subparagraph (A) is required with respect to a rate reduction that is proclaimed under paragraph (1) for an article of a kind that is not produced in the United States. The United States International Trade Commission shall advise the President of the identity of articles that may be exempted from staging under this subparagraph. (4) Rounding.--If the President determines that such action will simplify the computation of reductions under paragraph (3), the President may round an annual reduction by the lesser of-- (A) the difference between the reduction without regard to this paragraph and the next lower whole number; or (B) one-half of 1 percent ad valorem. (5) Other limitations.--A rate of duty reduction or increase that may not be proclaimed by reason of paragraph (2) may take effect only if a provision authorizing such reduction or increase is included within an implementing bill provided for under section 6(c) and that bill is enacted into law. (c) Agreement Described.--An agreement described in this subsection means a bilateral agreement between the United States and Turkey that provides for the reduction and ultimate elimination of tariffs and nontariff barriers to trade and the eventual establishment of a free trade agreement between the United States and Turkey. SEC. 5. CONSULTATIONS WITH CONGRESS ON NEGOTIATIONS OF A UNITED STATES- TURKEY FREE TRADE AGREEMENT. Before entering into any trade agreement under section 4 (including immediately before initialing an agreement), the President shall consult closely and on a timely basis on the nature of the agreement and the extent to which it will achieve the purposes of this Act with-- (1) the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; (2) the congressional advisers for trade policy and negotiations appointed under section 161 of the Trade Act of 1974 (19 U.S.C. 2211); and (3) each other committee of the House of Representatives and the Senate, and each joint committee of Congress, which has jurisdiction over legislation involving subject matters that would be affected by the trade agreement. SEC. 6. IMPLEMENTATION OF UNITED STATES-TURKEY FREE TRADE AGREEMENT. (a) Notification and Submission.--Any agreement entered into under section 4 shall enter into force with respect to the United States if (and only if)-- (1) the President, at least 60 calendar days before the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate of the President's intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register; (2) within 60 calendar days after entering into the agreement, the President submits to Congress a description of those changes to existing laws that the President considers would be required in order to bring the United States into compliance with the agreement; (3) after entering into the agreement, the President submits a copy of the final legal text of the agreement, together with-- (A) a draft of an implementing bill described in subsection (c); (B) a statement of any administrative action proposed to implement the trade agreement; and (C) the supporting information described in subsection (b); and (4) the implementing bill is enacted into law. (b) Supporting Information.--The supporting information required under subsection (a)(3)(C) consists of-- (1) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and (2) a statement-- (A) asserting that the agreement makes progress in achieving the objectives of this Act; and (B) setting forth the reasons of the President regarding-- (i) how and to what extent the agreement makes progress in achieving the objectives referred to in subparagraph (A); (ii) whether and how the agreement changes provisions of an agreement previously negotiated; (iii) how the agreement serves the interests of United States commerce; and (iv) any proposed administrative action. (c) Bills Qualifying for Trade Agreement Approval Procedures.--The provisions of section 151 of the Trade Act of 1974 apply to an implementing bill submitted pursuant to subsection (b) that contains only-- (1) provisions that approve a trade agreement entered into under section 4 that achieves the negotiating objectives set forth in section 3 and the statement of administrative action (if any) proposed to implement such trade agreement; (2) provisions that are-- (A) necessary to implement such agreement; or (B) otherwise related to the implementation, enforcement, and adjustment to the effects of such trade agreement; and (3) provisions necessary for purposes of complying with section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 in implementing the applicable trade agreement. SEC. 7. CONSIDERATION OF IMPLEMENTING BILL. (a) Congressional Consideration of Implementing Bill.--When the President submits to Congress a bill to implement the trade agreement as described in section 6(c), the bill shall be introduced and considered pursuant to the provisions of section 151 of the Trade Act of 1974 (19 U.S.C. 2191). (b) Conforming Amendments.--Section 151 of the Trade Act of 1974 (19 U.S.C. 2191) is amended-- (1) in subsection (b)(1), by inserting ``section 6 of the United States-Turkey Free Trade Agreement Act of 1999'' after ``the Omnibus Trade and Competitiveness Act of 1988,''; and (2) in subsection (c)(1), by inserting ``or under section 6 of the United States-Turkey Free Trade Agreement Act of 1999,'' after ``the Uruguay Round Agreements Act,''.", "summary": "Authorizes the President to enter into a bilateral agreement between the United States and Turkey that provides for the reduction and ultimate elimination of tariffs and nontariff barriers to trade and the eventual establishment of a free trade agreement between the two countries. Requires the President to consult with Congress before entering into any trade agreement under this Act. Sets forth congressional procedures for consideration of implementing legislation with respect to a United States-Turkey Free Trade Agreement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pathways to Self-Sufficiency Act of 2002''. SEC. 2. AUTHORITY TO ESTABLISH UNDERGRADUATE POST-SECONDARY OR VOCATIONAL EDUCATIONAL PROGRAM UNDER TANF. (a) State Option.--Section 404 of the Social Security Act (42 U.S.C. 604) is amended by adding at the end the following new subsection: ``(l) Authority To Establish Undergraduate Post-Secondary or Vocational Educational Program.-- ``(1) In general.--Subject to paragraph (2), a State to which a grant is made under section 403 may use the grant to establish a program under which an eligible participant (as defined in paragraph (3)) may be provided support services described in paragraph (5). ``(2) No federal funds for tuition.--A State may not use Federal funds provided under a grant made under section 403 to pay tuition for an eligible participant. ``(3) Definition of eligible participant.-- ``(A) In general.--In this subsection, the term `eligible participant' means an individual who receives assistance under the State program funded under this part and satisfies the following requirements: ``(i) The individual is enrolled in a postsecondary 2- or 4-year degree program or in a vocational educational training program. ``(ii) During the first 24 months that the individual participates in the program, the individual engages in a combination of educational activities in connection with a course of study, training, study time, employment, or work experience for an average of not less than 24 hours per week. ``(iii) After the first 24 months of the individual's participation in the program, the individual-- ``(I) works not less than an average of 15 hours per week (in addition to school and study time); or ``(II) engages in a combination of educational activities in connection with a course of study, training, study time, employment, or work experience for an average of not less than 30 hours per week. ``(iv) During the period the individual participates in the program, the individual maintains satisfactory academic progress, as defined by the institution operating the undergraduate post-secondary or vocational educational program in which the individual is enrolled. ``(B) Determination of hours.--For purposes of determining hours per week under clause (ii) or (iii) of subparagraph (A), a State may not count study time of less than 1 hour for every hour of class time or more than 2 hours for every hour of class time. ``(4) Required time periods for completion of degree or vocational educational training program.-- ``(A) In general.--Subject to subparagraph (B), an individual participating in a program established under this subsection shall be required to complete the requirements of a degree or vocational educational training program within the normal time frame for full time students seeking the particular degree or completing the vocational educational training program. ``(B) Exception.--For good cause, the State may allow an individual to complete their degree requirements or vocational educational training program within a period not to exceed 1\\1/2\\ times the normal time frame established under subparagraph (A) (unless further modification is required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)) and may modify the requirements applicable to an individual participating in the program. For purposes of the preceding sentence, good cause includes the case of an individual with 1 or more significant barriers to normal participation, as determined by the State, such as the need to care for a family member with special needs. ``(5) Support services described.--For purposes of paragraph (1), the support services described in this paragraph include any or all of the following during the period the eligible participant is in the program established under this subsection: ``(A) Child care. ``(B) Transportation services. ``(C) Payment for books and supplies. ``(D) Other services provided under policies determined by the State to ensure coordination and lack of duplication with other programs available to provide support services.''. (b) State Option To Include Participants As Engaged in Work.-- (1) In general.--Section 407(c)(2) of the Social Security Act (42 U.S.C. 607(c)(2)) is amended by adding at the end the following: ``(E) State option to include participants as engaged in work.-- ``(i) In general.--Subject to clause (ii), in the case of a State that elects to establish an undergraduate post-secondary or vocational education program under section 404(l), the State may include, for purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b), all families that include an individual participating in the program during the month as being engaged in work for the month, so long as each such individual is in compliance with the requirements of that program. ``(ii) Limitation.--With respect to a month, the number of families counted as being engaged in work under clause (i) may not exceed the amount equal to 10 percent of the number of families receiving assistance under the State program funded under this part for the month.''. (2) Conforming amendments.-- (A) Section 407(c)(2)(D) of the Social Security Act (42 U.S.C. 607(c)(2)(D)) is amended-- (i) in the heading, by inserting ``certain'' after ``participation in''; and (ii) by inserting ``(determined without regard to individuals participating in a program referred to in subparagraph (E)(i))'' after ``training''. (B) Section 407(d)(8) of the Social Security Act (42 U.S.C. 607(d)(8)) is amended by inserting ``other than an individual participating in a program that meets the requirements of section 404(l)'' after ``individual''. (c) State Option To Credit Months of Participation For Purposes of 5-Year Assistance Limit.--Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)) is amended by adding at the end the following: ``(H) Credit for months participating in a pathways to self-sufficiency program.--In determining the number of months for which an adult has received assistance under a State program funded under this part, the State may disregard any month during which the adult is a participant in a program that meets the requirements of section 404(l).''. (d) Effective Date.--The amendments made by this section take effect on October 1, 2002.", "summary": "Pathways to Self-Sufficiency Act of 2002 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to give States that receive a TANF grant the option to: (1) use the grant to establish a program, including an undergraduate post-secondary or vocational education program, under which an eligible participant may be provided certain support services although the State may not use Federal TANF grant funds to pay the participant's tuition; and (2) credit months of program participation for disregard in calculation of the five year TANF assistance limitation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Assistance for Veterans Act of 2012'' or the ``HAVEN Act''. SEC. 2. DEFINITIONS. In this Act: (1) Disabled.--The term ``disabled'' means an individual with a disability, as defined by section 12102 of title 42, United States Code. (2) Eligible veteran.--The term ``eligible veteran'' means a disabled or low-income veteran. (3) Energy efficient features or equipment.--The term ``energy efficient features or equipment'' means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures. (4) Low-income veteran.--The term ``low-income veteran'' means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary. (5) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is-- (A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986; and (B) exempt from tax under section 501(a) of such Code. (6) Primary residence.-- (A) In general.--The term ``primary residence'' means a single family house, a duplex, or a unit within a multiple-dwelling structure that is an eligible veteran's principal dwelling and is owned by such veteran or a family member of such veteran. (B) Family member defined.--For purposes of this paragraph, the term ``family member'' includes-- (i) a spouse, child, grandchild, parent, or sibling; (ii) a spouse of such a child, grandchild, parent, or sibling; or (iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship. (7) Qualified organization.--The term ``qualified organization'' means a nonprofit organization that provides nationwide or State-wide programs that primarily serve veterans or low-income individuals. (8) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (9) Veteran.--The term ``veteran'' has the same meaning as given such term in section 101 of title 38, United States Code. (10) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. SEC. 3. ESTABLISHMENT OF A PILOT PROGRAM. (a) Grant.-- (1) In general.--The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans. (2) Coordination.--The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans. (3) Maximum grant.--A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization. (b) Application.-- (1) In general.--Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under paragraph (2), accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) a plan of action detailing outreach initiatives; (B) the approximate number of veterans the qualified organization intends to serve using grant funds; (C) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and (D) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans and serve their needs. (3) Preferences.--In awarding grants under the pilot program, the Secretary shall give preference to a qualified organization-- (A) with experience in providing housing rehabilitation and modification services for disabled veterans; or (B) that proposes to provide housing rehabilitation and modification services for eligible veterans who live in rural areas (the Secretary, through regulations, shall define the term ``rural areas''). (c) Criteria.--In order to receive a grant award under the pilot program, a qualified organization shall meet the following criteria: (1) Demonstrate expertise in providing housing rehabilitation and modification services for disabled or low- income individuals for the purpose of making the homes of such individuals accessible, functional, and safe for such individuals. (2) Have established outreach initiatives that-- (A) would engage eligible veterans and veterans service organizations in projects utilizing grant funds under the pilot program; and (B) identify eligible veterans and their families and enlist veterans involved in skilled trades, such as carpentry, roofing, plumbing, or HVAC work. (3) Have an established nationwide or State-wide network of affiliates that are-- (A) nonprofit organizations; and (B) able to provide housing rehabilitation and modification services for eligible veterans. (4) Have experience in successfully carrying out the accountability and reporting requirements involved in the proper administration of grant funds, including funds provided by private entities or Federal, State, or local government entities. (d) Use of Funds.--A grant award under the pilot program shall be used-- (1) to modify and rehabilitate the primary residence of an eligible veteran, and may include-- (A) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to-- (i) accommodate the functional limitations that result from having a disability; or (ii) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling; (B) rehabilitating such residence that is in a state of interior or exterior disrepair; and (C) installing energy efficient features or equipment if-- (i) an eligible veteran's monthly utility costs for such residence is more than 5 percent of such veteran's monthly income; and (ii) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; (2) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program; and (3) for other purposes as the Secretary may prescribe through regulations. (e) Oversight.--The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans. (f) Matching Funds.-- (1) In general.--A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization. (2) In-kind contributions.--In order to meet the requirement under paragraph (1), such organization may arrange for in-kind contributions. (g) Limitation Cost to the Veterans.--A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month. (h) Reports.-- (1) Annual report.--The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written-- (A) the number of eligible veterans provided assistance under the pilot program; (B) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity; (C) the total number, types, and locations of entities contracted under such program to administer the grant funding; (D) the amount of matching funds and in-kind contributions raised with each grant; (E) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program; (F) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program; (G) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program; (H) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and (I) any other information that the Secretary considers relevant in assessing such program. (2) Final report.--Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program. (i) Authorization of Appropriations.--There are authorized to be appropriated for carrying out this Act $4,000,000 for each of fiscal years 2013 through 2017.", "summary": "Housing Assistance for Veterans Act of 2012 or HAVEN Act - Directs the Secretary of Housing and Urban Development (HUD) to establish a pilot program to award grants to nonprofit organizations that primarily serve veterans or low-income individuals. Requires such grants to be used to rehabilitate and modify the primary residence of disabled or low-income veterans (at a specified limited or no cost to such veterans). Limits grant amounts to $1 million per organization. Requires the Secretary to direct the oversight of grant fund use. Requires a minimum of 50% matching funds by participating organizations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Manufacturing Competitiveness Act of 2015''. SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF BILL. (a) Findings.--Congress makes the following findings: (1) As of the date of the enactment of this Act, the Harmonized Tariff Schedule of the United States imposes duties on imported goods for which there is no domestic availability or insufficient domestic availability. (2) The imposition of duties on such goods creates artificial distortions in the economy of the United States that negatively affect United States manufacturers and consumers. (3) It is in the interests of the United States to update the Harmonized Tariff Schedule every 3 years to eliminate such artificial distortions by suspending or reducing duties on such goods. (4) The manufacturing competitiveness of the United States around the world will be enhanced if Congress regularly and predictably updates the Harmonized Tariff Schedule to suspend or reduce duties on such goods. (b) Sense of Congress.--It is the sense of Congress that, to remove the competitive disadvantage to United States manufactures and consumers resulting from an outdated Harmonized Tariff Schedule and to promote the competitiveness of United States manufacturers, Congress should consider a miscellaneous tariff bill not later than 180 days after the United States International Trade Commission and the Department of Commerce issue reports on proposed duty suspensions and reductions under this Act. SEC. 3. PROCESS FOR CONSIDERATION OF DUTY SUSPENSIONS AND REDUCTIONS. (a) Purpose.--It is the purpose of this section to establish a process by the appropriate congressional committees, in conjunction with the Commission pursuant to its authorities under section 332 of the Tariff Act of 1930 (19 U.S.C. 1332), for the submission and consideration of proposed duty suspensions and reductions. (b) Establishment.--Not later than October 15, 2015, and October 15, 2018, the appropriate congressional committees shall establish and, on the same day, publish on their respective publicly available Internet websites a process-- (1) to provide for the submission and consideration of legislation containing proposed duty suspensions and reductions in a manner that, to the maximum extent practicable, is consistent with the requirements described in subsection (c); and (2) to include in a miscellaneous tariff bill those duty suspensions and reductions that meet the requirements of this Act. (c) Requirements of Commission.-- (1) Initiation.--Not later than October 15, 2015, and October 15, 2018, the Commission shall publish in the Federal Register and on a publicly available Internet website of the Commission a notice requesting members of the public to submit to the Commission during the 60-day period beginning on the date of such publication-- (A) proposed duty suspensions and reductions; and (B) Commission disclosure forms with respect to such duty suspensions and reductions. (2) Review.-- (A) Commission submission to congress.--As soon as practicable after the expiration of the 60-day period specified in paragraph (1), but not later than 15 days after the expiration of such 60-day period, the Commission shall submit to the appropriate congressional committees the proposed duty suspensions and reductions submitted under paragraph (1)(A) and the Commission disclosure forms with respect to such duty suspensions and reductions submitted under paragraph (1)(B). (B) Public availability of proposed duty suspensions and reductions.--Not later than 15 days after the expiration of the 60-day period specified in paragraph (1), the Commission shall publish on a publicly available Internet website of the Commission the proposed duty suspensions and reductions submitted under paragraph (1)(A) and the Commission disclosure forms with respect to such duty suspensions and reductions submitted under paragraph (1)(B). (C) Commission reports to congress.--Not later than the end of the 90-day period beginning on the date of publication of the proposed duty suspensions and reductions under subparagraph (B), the Commission shall submit to the appropriate congressional committees a report on each proposed duty suspension or reduction submitted pursuant to subsection (b)(1) or paragraph (1)(A) that contains the following information: (i) A determination of whether or not domestic production of the article that is the subject of the proposed duty suspension or reduction exists and, if such production exists, whether or not a domestic producer of the article objects to the proposed duty suspension or reduction. (ii) Any technical changes to the article description that are necessary for purposes of administration when articles are presented for importation. (iii) The amount of tariff revenue that would no longer be collected if the proposed duty suspension or reduction takes effect. (iv) A determination of whether or not the proposed duty suspension or reduction is available to any person that imports the article that is the subject of the proposed duty suspension or reduction. (3) Procedures.--The Commission shall prescribe and publish on a publicly available Internet website of the Commission procedures for complying with the requirements of this subsection. (4) Authorities described.--The Commission shall carry out this subsection pursuant to its authorities under section 332 of the Tariff Act of 1930 (19 U.S.C. 1332). (d) Department of Commerce Report.--Not later than the end of the 90-day period beginning on the date of publication of the proposed duty suspensions and reductions under subsection (c)(2)(B), the Secretary of Commerce, in consultation with U.S. Customs and Border Protection and other relevant Federal agencies, shall submit to the appropriate congressional committees a report on each proposed duty suspension and reduction submitted pursuant to subsection (b)(1) or (c)(1)(A) that includes the following information: (1) A determination of whether or not domestic production of the article that is the subject of the proposed duty suspension or reduction exists and, if such production exists, whether or not a domestic producer of the article objects to the proposed duty suspension or reduction. (2) Any technical changes to the article description that are necessary for purposes of administration when articles are presented for importation. (e) Rule of Construction.--A proposed duty suspension or reduction submitted under this section by a Member of Congress shall receive treatment no more favorable than the treatment received by a proposed duty suspension or reduction submitted under this section by a member of the public. SEC. 4. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND REDUCTIONS ON UNITED STATES ECONOMY. (a) In General.--Not later than May 1, 2018, and May 1, 2020, the Commission shall submit to the appropriate congressional committees a report on the effects on the United States economy of temporary duty suspensions and reductions enacted pursuant to this Act, including a broad assessment of the economic effects of such duty suspensions and reductions on producers, purchasers, and consumers in the United States, using case studies describing such effects on selected industries or by type of article as available data permit. (b) Recommendations.--The Commission shall also solicit and append to the report required under subsection (a) recommendations with respect to those domestic industry sectors or specific domestic industries that might benefit from permanent duty suspensions and reductions or elimination of duties, either through a unilateral action of the United States or though negotiations for reciprocal tariff agreements, with a particular focus on inequities created by tariff inversions. (c) Form of Report.--Each report required by this section shall be submitted in unclassified form, but may include a classified annex. SEC. 5. JUDICIAL REVIEW PRECLUDED. The exercise of functions under this Act shall not be subject to judicial review. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (2) Commission.--The term ``Commission'' means the United States International Trade Commission. (3) Commission disclosure form.--The term ``Commission disclosure form'' means, with respect to a proposed duty suspension or reduction, a document submitted by a member of the public to the Commission that contains the following: (A) The contact information for any known importers of the article to which the proposed duty suspension or reduction would apply. (B) A certification by the member of the public that the proposed duty suspension or reduction is available to any person importing the article to which the proposed duty suspension or reduction would apply. (4) Domestic producer.--The term ``domestic producer'' means a person that demonstrates production, or imminent production, in the United States of an article that is identical to, or like or directly competitive with, an article to which a proposed duty suspension or reduction would apply. (5) Duty suspension or reduction.-- (A) In general.--The term ``duty suspension or reduction'' means an amendment to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States that-- (i)(I) extends an existing temporary duty suspension or reduction of duty on an article under that subchapter; or (II) provides for a new temporary duty suspension or reduction of duty on an article under that subchapter; and (ii) otherwise meets the requirements described in subparagraph (B). (B) Requirements.--A duty suspension or reduction meets the requirements described in this subparagraph if-- (i) the duty suspension or reduction can be administered by U.S. Customs and Border Protection; (ii) the estimated loss in revenue to the United States from the duty suspension or reduction does not exceed $500,000 in a calendar year during which the duty suspension or reduction would be in effect, as determined by the Congressional Budget Office; and (iii) the duty suspension or reduction is available to any person importing the article that is the subject of the duty suspension or reduction. (6) Member of congress.--The term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, Congress. (7) Miscellaneous tariff bill.--The term ``miscellaneous tariff bill'' means a bill of either House of Congress that contains only-- (A) duty suspensions and reductions that-- (i) meet the applicable requirements for-- (I) consideration of duty suspensions and reductions described in section 3; or (II) any other process required under the Rules of the House of Representatives or the Senate; and (ii) are not the subject of an objection because such duty suspensions and reductions do not comply with the requirements of this Act from-- (I) a Member of Congress; or (II) a domestic producer, as contained in comments submitted to the appropriate congressional committees, the Commission, or the Department of Commerce under section 3; and (B) provisions included in bills introduced in the House of Representatives or the Senate pursuant to a process described in subparagraph (A)(i)(II) that correct an error in the text or administration of a provision of the Harmonized Tariff Schedule of the United States.", "summary": "American Manufacturing Competitiveness Act of 2015 It is the sense of Congress that it should consider a miscellaneous tariff bill not later than 180 days after the USITC and the Department of Commerce issue reports on any proposed duty suspensions and reductions. The appropriate congressional committees shall establish, and publish on their publicly available websites, a process for the submission and consideration of legislation for proposed duty suspensions and reductions as well as a miscellaneous tariff bill including them, consistent with certain requirements. The USITC shall report to Congress, by May 1, 2018, and May 1, 2020, on the effects of such suspensions and reductions on the U.S. economy. The exercise of functions under this title shall not be subject to judicial review."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Educational Opportunities for all Students Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--TITLE I OF THE ESEA PORTABILITY Sec. 101. Title I portability. TITLE II--ALLOWANCE OF HOME SCHOOL EXPENSES AS QUALIFIED EDUCATION EXPENSES Sec. 201. Allowance of home school expenses as qualified education expenses for purposes of a Coverdell Education Savings Account. Sec. 202. Elimination of Coverdell Education Savings Account contribution limitation. TITLE III--529 PROGRAMS FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES Sec. 301. 529 programs for elementary and secondary education expenses. TITLE I--TITLE I OF THE ESEA PORTABILITY SEC. 101. TITLE I PORTABILITY. Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the following: ``SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE OPTION. ``(a) In General.--Notwithstanding any other provision of law and to the extent permitted under State law, a State educational agency may allocate grant funds under this part among the local educational agencies in the State based on the number of eligible children enrolled in the public schools served by each local educational agency and the State-accredited private schools within each local educational agency's geographic jurisdiction. ``(b) Eligible Child.-- ``(1) Definition.--In this section, the term `eligible child' means a child aged 5 to 17, inclusive, from a family with an income below the poverty level on the basis of the most recent satisfactory data published by the Department of Commerce. ``(2) Criteria of poverty.--In determining the families with incomes below the poverty level for the purposes of this section, a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. ``(c) Student Enrollment in Public and Private Schools.-- ``(1) Identification of eligible children.--On an annual basis, on a date to be determined by the State educational agency, each local educational agency that receives grant funding in accordance with subsection (a) shall inform the State educational agency of the number of eligible children enrolled in public schools served by the local educational agency and the State-accredited private schools within the local educational agency's geographic jurisdiction. ``(2) Allocation to local educational agencies.--Based on the identification of eligible children in paragraph (1), the State educational agency shall provide to a local educational agency an amount equal to the sum of the amount available for each eligible child in the State multiplied by the number of eligible children identified by the local educational agency under paragraph (1). ``(3) Distribution to schools.--Each local educational agency that receives funds under paragraph (2) shall distribute such funds to the public schools served by the local educational agency and State-accredited private schools within the local educational agency's geographic jurisdiction-- ``(A) based on the number of eligible children enrolled in such schools; and ``(B) in a manner that would, in the absence of such Federal funds, supplement the funds made available from non-Federal resources for the education of pupils participating in programs under this subpart, and not to supplant such funds.''. TITLE II--FURTHER CLARIFICATION OF COVERDELL EDUCATION SAVINGS ACCOUNTS SEC. 201. ALLOWANCE OF HOME SCHOOL EXPENSES AS QUALIFIED EDUCATION EXPENSES FOR PURPOSES OF A COVERDELL EDUCATION SAVINGS ACCOUNT. (a) In General.--Paragraph (3) of section 530(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Private school.--For purposes of this section, the term `private school' includes any home school that meets the requirements of State law applicable to such home schools, whether or not such school is deemed a private school for purposes of State law.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 202. ELIMINATION OF COVERDELL EDUCATION SAVINGS ACCOUNT CONTRIBUTION LIMITATION. (a) In General.--Subparagraph (A) of section 530(b)(1) of the Internal Revenue Code of 1986 is amended by inserting ``or'' at the end of clause (i), by striking ``or'' at the end of clause (ii) and inserting a period, and by striking clause (iii). (b) Prohibition on Excess Contributions.--Subsection (b) of section 530 of such Code is amended by adding at the end the following new paragraph: ``(5) Prohibition on excess contributions.--A program shall not be treated as a Coverdell education savings account unless it provides adequate safeguards to prevent contributions on behalf of a designated beneficiary in excess of those necessary to provide for the qualified education expenses of the beneficiary.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. TITLE III--529 PROGRAMS FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES SEC. 301. 529 PROGRAMS FOR PRE-KINDERGARTEN, ELEMENTARY, AND SECONDARY EDUCATION EXPENSES. (a) In General.--Paragraph (3) of section 529(e) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); (2) by striking ``Qualified higher education expenses'' and all that follows through ``The term `qualified higher education expenses' means--'' and inserting the following: ``Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means-- ``(i) qualified higher education expenses, and ``(ii) qualified pre-kindergarten, elementary, and secondary education expenses. ``(B) Qualified higher education expenses.--The term `qualified higher education expenses' means''; and (3) by adding at the end the following new subparagraphs: ``(D) Qualified pre-kindergarten, elementary, and secondary education expenses.--The term `qualified pre- kindergarten, elementary, and secondary education expenses' means-- ``(i) expenses for tuition, fees, academic tutoring, special needs services in the case of a special needs beneficiary, books, supplies, and other equipment which are incurred in connection with the enrollment or attendance of the designated beneficiary of the trust as a pre-kindergarten, elementary, or secondary school student at a public, private, or religious school, ``(ii) expenses for room and board, uniforms, transportation, and supplementary items and services (including extended day programs) which are required or provided by a public, private, or religious school in connection with such enrollment or attendance, and ``(iii) expenses for the purchase of any computer technology or equipment (as defined in section 170(e)(6)(F)(i)) or Internet access and related services, if such technology, equipment, or services are to be used by the beneficiary and the beneficiary's family during any of the years the beneficiary is in school. Clause (iii) shall not include expenses for computer software designed for sports, games, or hobbies unless the software is predominantly educational in nature. ``(E) School.--The term `school' means any school which provides pre-kindergarten, elementary, or secondary education (pre-kindergarten through grade 12), as determined under State law. Such a school shall be treated as an eligible educational institution for purposes of subsection (b).''. (b) Conforming Amendments.--Section 529 of such Code is amended by striking ``qualified higher education'' each place it appears in subsections (b) and (c) and inserting ``qualified education''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.", "summary": "Enhancing Educational Opportunities for all Students Act - Amends the Elementary and Secondary Education Act of 1965 to allow a state educational agency to allocate grant funds among local educational agencies based on the number of eligible children (children age 5 to 17 from a family with an income below the poverty level) enrolled in the public schools and the state-accredited private schools within each local agency's geographic jurisdiction. Amends the Internal Revenue Code to: (1) allow payment of home school expenses from Coverdell education savings accounts; (2) remove the dollar limitation on contributions to Coverdell education savings accounts and require such accounts to provide adequate safeguards to prevent contributions from exceeding the amount necessary to provide for the qualified education expenses of the account beneficiary; and (3) allow tax-exempt qualified tuition programs (529 tuition programs) to pay qualified pre-kindergarten, elementary, and secondary education expenses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Separation of Powers Restoration Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) As a limit on governmental power, Constitutional framers vested Federal powers in three coequal branches of government, each with unique and limited powers and each with a coequal duty to uphold and sustain the Constitution of the United States. (2) A Supreme Court justice stated, ``The doctrine of the separation of powers was adopted by the convention of 1787 not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.'' Myers v. United States, 272 U.S. 52, 293 (1926) (Brandeis, J., dissenting). (3) James Madison, quoting Montesquieu, stated in Federalist 47, ```There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''' (4) Article I of the Constitution provides, ``All legislative powers herein granted shall be vested in a Congress of the United States.'' (5) A congressional committee print has noted that, ``[b]ecause the President has no power or authority over individual citizens and their rights except where he is granted such power and authority by a provision in the Constitution or by statute, the President's proclamations are not legally binding and are at best hortatory unless based on such grants of authority.'' 85th Cong., 1st Sess., Executive Orders and Proclamations: A Study of a Use of Presidential Powers (Comm. Print 1957). (6) The Supreme Court has stated that, even if Presidents have, without congressional authority, taken actions only the Congress may take, ``Congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the Constitution `in the Government of the United States, or any Department of Officer thereof.''' (Youngstown Sheet and Tube Co. v. Sawyer, 343 U.S. 579 (1952)). (7) Treaties or Executive Agreements which purport to assign powers not amongst those specifically granted to the Federal Government by the Constitution are non-binding and cannot constitute law. SEC. 3. EFFECT OF PRESIDENTIAL ORDERS. (a) Limited Effect of Presidential Orders.--A Presidential order neither constitutes nor has the force of law and is limited in its application and effect to the executive branch. (b) Exceptions.--Subsection (a) does not apply to-- (1) a reprieve or pardon for an offense against the United States, except in cases of impeachment; (2) an order given to military personnel pursuant to duties specifically related to actions taken as Commander in Chief of the Armed Forces; or (3) a Presidential order citing the specific congressional enactment relied upon for the authority exercised in such order and-- (A) issued pursuant to such authority; (B) commensurate with the limit imposed by the plain language of such authority; and (C) not issued pursuant to a ratified or unratified treaty or bilateral or multilateral agreement which-- (i) violates the ninth or tenth amendments to the Constitution; or (ii) makes a delegation of power to a foreign government or international body when no such delegating authority exists under the Constitution. SEC. 4. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS. (a) Statement of Authority.--The President shall provide for each Presidential order a statement of the specific statutory or constitutional provision which in fact grants the President the authority claimed for such action. (b) Invalidity of Nonconforming Orders.--A Presidential order which does not include the statement required by subsection (a) is invalid, to the extent such Presidential order is issued under authority granted by a congressional enactment. This subsection applies to Presidential orders in effect on or after the date that is 180 days after the date of enactment of this Act. SEC. 5. STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT SEPARATION OF POWERS INTEGRITY. The following persons may bring an action in an appropriate United States court to challenge the validity of any Presidential order which exceeds the power granted to the President by the relevant authorizing statute or the Constitution: (1) Congress and its members.--The Congress, the House of Representatives, the Senate, any Senator, and any Representative to the House of Representatives, if the challenged Presidential order-- (A) infringes on any power of Congress; (B) exceeds any power granted by a congressional enactment; or (C) violates section 4 because it does not state the statutory authority which in fact grants the President the power claimed for the action taken in such Presidential order. (2) State and local governments.--The highest governmental official of any State, commonwealth, district, territory, or possession of the United States, or any political subdivision thereof, or the designee of such person, if the challenged Presidential order infringes on a power of such State or on a power afforded to such commonwealth, district, territory, or possession under any congressional enactment or relevant treaty of the United States. (3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order. SEC. 6. NATIONAL EMERGENCY POWER DIVESTED TO CONGRESS. (a) Divestiture of Authority To Declare Emergency.--To the extent that any Act of Congress in effect on the date of enactment of this Act grants to the President or any other officer or employee of the executive branch the power to declare a national emergency, such power is hereby divested to the Congress alone. (b) Termination of Powers Under Existing States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5, United States Code) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after the date of enactment of this Act. Such termination shall not affect-- (A) any action taken or proceeding pending that is not finally concluded or determined before such date of termination; (B) any action or proceeding based on any act committed before such date termination; or (C) any rights or duties that matured or penalties that were incurred prior to such date of termination. (2) National emergency defined.--For the purpose of this subsection, the term ``national emergency'' means a general declaration of emergency made by the President or any other officer or employee of the executive branch. SEC. 7. PRESIDENTIAL ORDER DEFINED. In this Act, the term ``Presidential order'' means-- (1) any Executive order, Presidential proclamation, or Presidential directive; and (2) any other Presidential or Executive action by whatever name described purporting to have normative effect outside the executive branch which is issued under the authority of the President or any other officer or employee of the executive branch.", "summary": "Separation of Powers Restoration Act - States that a presidential order, with specific exceptions, neither constitutes nor has the force of law and is limited in application and effect to the executive branch.Directs the President to provide with each presidential order a statement of the specific statutory or constitutional authority for such action.Authorizes both Houses of Congress, a Senator or Representative, certain State and local officials, and certain aggrieved persons to bring an action to challenge the validity of any presidential order which exceeds the power granted to the President by the relevant authorizing statute or the Constitution.States that, to the extent that any Act of Congress grants to the President or any other executive officer or employee the power to declare a national emergency, such power is divested to Congress alone.Terminates after 90 days all powers and authorities possessed by the President or any other Federal officer or employee or executive agency as a result of the existence of a declaration of national emergency in effect on the date of enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Trail of the Ancients National Heritage Area Study Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) the Four Corners region, 1 of the areas of greatest archaeological interest in the United States, provides access to numerous examples of the Ancestral Puebloan culture; (2) the Four Corners region highlights areas and sites at which-- (A) the earliest inhabitants were Paleo-Americans, nomadic people who traveled through and lived in the area as early as 10,000 B.C.; and (B) the Ancestral Puebloan Indians lived from approximately 1 to 1300 A.D.; (3) the region features sites that chronicle the Ute and Navajo Indian cultures; (4) the archaeological sites of the region have been well- preserved by the semi-arid climate of the region; (5) national and international recognition of sites in the region has contributed to the wealth of information about the people who have inhabited the area; (6) the region features the Trail of the Ancients Scenic Byway in the States of Arizona, Colorado, New Mexico, and Utah, and other designated byways and highways, including San Juan Skyway in the State of Colorado and the Utah Bicentennial Highway; and (7) designating the Trail of the Ancients National Heritage Area as a unit of the National Park System-- (A) would link many of the cultural and recreation sites in the region for the benefit of the traveling public and communities in the region; and (B) would not-- (i) impose restrictions on private property; or (ii) require acquisition of additional land. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Trail of the Ancients National Heritage Area. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means each of the States of Arizona, Colorado, New Mexico, and Utah. (4) Study area.--The term ``study area'' means the Four Corner region, consisting of-- (A) portions of-- (i) San Juan County, Utah; (ii) Montezuma and Dolores Counties, Colorado; (iii) Apache and Navajo Counties, Arizona; and (iv) San Juan and McKinley Counties, New Mexico; and (B) portions of the reservations of the Ute Mountain Ute, Navajo, and Hopi Tribes, in the States. SEC. 4. TRAIL OF THE ANCIENTS NATIONAL HERITAGE AREA STUDY. (a) In General.--The Secretary, in cooperation with the Four Corners Heritage Council, shall conduct a study to assess the feasibility and suitability of designating the study area as the Trail of the Ancients National Heritage Area. (b) Requirements.--The study shall include analysis, documentation, and determinations on whether-- (1) the study area-- (A) has an assemblage of natural, historic, cultural, educational, scenic, or recreational resources that-- (i) represent distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use; and (ii) are best managed-- (I) through partnerships among public and private entities; and (II) by combining diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States; (C) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features; (D) provides outstanding recreational and educational opportunities; and (E) has resources important to any identified theme of the study area that retain a degree of integrity capable of supporting interpretation; (2) residents, business interests, nonprofit organizations, the Federal Government, and State, local, and tribal governments within the study area-- (A) are involved in the planning of the Heritage Area; (B) have demonstrated support for the Heritage Area; and (C) have developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government) in the management of the Heritage Area; (3) there is a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and Federal, State, local, and tribal governments within the study area to develop the Heritage Area consistent with continued, State, local, and tribal economic activity; and (4) a conceptual boundary map has been developed that is supported by the public. (c) Consultation.--In conducting the study, the Secretary and the Four Corners Heritage Council shall consult with appropriate Federal, State, local, and tribal governments, interested organizations, and affected communities within the study area. SEC. 5. REPORT. Not later than 3 fiscal years after the date on which funds are made available to carry out the study, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that describes the findings, conclusions, and recommendations of the study. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.", "summary": "Trail of the Ancients National Heritage Area Study Act of 2005 - Directs the Secretary of the Interior, in cooperation with the Four Corners Heritage Council, to conduct a study to assess the feasibility and suitability of designating the Four Corners region comprised of parts of San Juan County, Utah, Montezuma and Dolores Counties, Colorado, Apache and Navajo Counties, Arizona, and San Juan and McKinley Counties, New Mexico, and parts of the reservations of the Ute Mountain Ute, Navajo, and Hopi Tribes in those States as the \"Trail of the Ancients National Heritage Area.\""}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Smuggling Prevention Act of 2014''. SEC. 2. ORGANIZED HUMAN SMUGGLING. (a) Prohibited Activities.--Whoever, while acting for profit or other financial gain, knowingly directs or participates in an effort or scheme to assist or cause five or more persons (other than a parent, spouse, or child of the offender)-- (1) to enter, attempt to enter, or prepare to enter the United States-- (A) by fraud, falsehood, or other corrupt means; (B) at any place other than a port or place of entry designated by the Secretary of Homeland Security; or (C) in a manner not prescribed by the immigration laws and regulations of the United States; or (2) to travel by air, land, or sea toward the United States (whether directly or indirectly)-- (A) knowing that the persons seek to enter or attempt to enter the United States without lawful authority; and (B) with the intent to aid or further such entry or attempted entry; or (3) to be transported or moved outside of the United States-- (A) knowing that such persons are aliens in unlawful transit from one country to another or on the high seas; and (B) under circumstances in which the persons are in fact seeking to enter the United States without official permission or legal authority; shall be punished as provided in subsection (c) or (d). (b) Conspiracy and Attempt.--Any person who attempts or conspires to violate subsection (a) of this section shall be punished in the same manner as a person who completes a violation of such subsection. (c) Base Penalty.--Except as provided in subsection (d), any person who violates subsection (a) or (b) shall be fined under title 18, United States Code, imprisoned for not more than 20 years, or both. (d) Enhanced Penalties.--Any person who violates subsection (a) or (b) shall-- (1) in the case of a violation during and in relation to which a serious bodily injury (as such term is defined in section 1365 of title 18, United States Code) occurs to any person, be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (2) in the case of a violation during and in relation to which the life of any person is placed in jeopardy, be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (3) in the case of a violation involving ten or more persons, be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (4) in the case of a violation involving the bribery or corruption of a United States or foreign government official, be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (5) in the case of a violation involving robbery or extortion (as such terms are defined in paragraph (1) or (2), respectively, of section 1951(b) of title 18, United States Code) be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (6) in the case of a violation during and in relation to which any person is subjected to an involuntary sexual act (as such term is defined in section 2246(2) of title 18, United States Code), be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (7) in the case of a violation resulting in the death of any person, be fined under title 18, United States Code, imprisoned for any term of years or for life, or both; (8) in the case of a violation in which any alien is confined or restrained, including by the taking of clothing, goods, or personal identification documents, be fined under title 18, United States Code, imprisoned not fewer than five years and not more than ten years, or both; (9) in the case of smuggling an unaccompanied alien child (as such term is defined in paragraph (2) of section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)), be fined under title 18, United States Code, imprisoned not more than 20 years. (e) Lawful Authority Defined.--In this section, the term ``lawful authority''-- (1) means permission, authorization, or license that is expressly provided for in the immigration laws of the United States or accompanying regulations; and (2) does not include any such authority secured by fraud or otherwise obtained in violation of law, nor does it include authority sought, but not approved. (f) Effort or Scheme.--For purposes of this section, ``effort or scheme to assist or cause five or more persons'' does not require that the five or more persons enter, attempt to enter, prepare to enter, or travel at the same time so long as the acts are completed within one year. SEC. 3. STRATEGY TO COMBAT HUMAN SMUGGLING. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall implement a strategy to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States. (b) Components.--The strategy referred to in subsection (a) shall include, at a minimum, the following components: (1) Efforts to increase coordination between the border and maritime security components of the Department of Homeland Security. (2) An identification of intelligence gaps impeding the ability to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States. (3) Efforts to increase information sharing with State and local governments and other Federal agencies. (4) Efforts to provide, in coordination with the Federal Law Enforcement Training Center, training for the border and maritime security components of the Department of Homeland Security to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States. (5) An identification of the high traffic areas of human smuggling along the international land and maritime borders of the United States. (c) Report.--Not later than 30 days after the implementation of the strategy referred to in subsection (a), the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that describes such strategy, including the components described in subsection (b). If the Secretary determines that such is appropriate, such report may be submitted in classified form. (d) Annual List of High Traffic Areas.--Not later than February 1 of every year beginning in the year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a list of the high traffic areas of human smuggling referred to in subsection (b)(5). (e) High Traffic Areas of Human Smuggling Defined.--In this Act, the term ``high traffic areas of human smuggling'' means the United States ports of entry and areas between such ports that have the most human smuggling activity, as measured by U.S. Customs and Border Protection. SEC. 4. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS. (a) Illicit Spotting.--Whoever knowingly transmits to another person the location, movement, or activities of any Federal, State, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. (b) Destruction of United States Border Controls.--Whoever knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry, or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both, and if, at the time of the offense, the person uses or carries a firearm or, in furtherance of any such crime, possesses a firearm, that person shall be fined under title 18, United States Code, imprisoned not more than 20 years, or both. (c) Conspiracy and Attempt.--Any person who attempts or conspires to violate subsection (a) or (b) shall be punished in the same manner as a person who completes a violation of such subsection. (d) Prohibiting Carrying or Use of a Firearm During and in Relation to an Alien Smuggling Crime.--Section 924(c) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by inserting ``, alien smuggling crime,'' after ``crime of violence'' each place such term appears; and (B) in subparagraph (D)(ii), by inserting ``, alien smuggling crime,'' after ``crime of violence''; and (2) by adding at the end the following: ``(6) For purposes of this subsection, the term `alien smuggling crime' means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328).''. (e) Statute of Limitations.--Section 3298 of title 18, United States Code, is amended by inserting ``, or under section 2 or subsection (a), (b), or (c) of section 4 of the Human Smuggling Prevention Act of 2014,'' after ``Immigration and Nationality Act''.", "summary": "Human Smuggling Prevention Act of 2014 - Prohibits an individual acting for financial gain from directing or participating in an effort to bring or attempt to bring five or more persons unlawfully into the United States. Establishes monetary and/or prison penalties for such actions. Prescribes increased penalties for actions that: (1) result in death or serious bodily injury; (2) place a life in jeopardy; or (3) involve bribery of a government official, robbery, sexual abuse, or 10 or more persons. Directs the Secretary of Homeland Security (DHS) to: (1) implement a strategy to deter and interdict human smuggling across the international land and maritime borders of the United States, and (2) submit an annual list to Congress of high traffic areas of human smuggling. Makes it a crime to: (1) transmit to another person the location, movement, or activities of law enforcement agents with the intent to further a federal crime relating to immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls; and (2) destroy, alter, or damage any physical or electronic device used by the federal government to control the border or any port of entry. Prohibits the carrying or use of a firearm in an alien smuggling crime."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Force Diversity Partnership Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States is becoming the most diverse work- place in the world at a time of growing economic dissatisfaction and intense global competition; (2) people of color, caucasian women, and immigrants will account for 85 percent of the net growth in our Nation's labor force during the 1990's; (3) the expectations, characteristics, demands, beliefs, work values, motivating factors and educational backgrounds of individuals in the work force are becoming increasingly diverse; (4) employees, managers, administrators and government officials are inadequately prepared to deal effectively with increased diversity in the work force; (5) increased domestic and international competition require that business, industry and government leaders effectively motivate and manage this diverse work force; (6) as more parents join the work force, it has become increasingly difficult for employees to balance the demands of the workplace with the needs of families; and (7) by understanding and valuing diversity which respects differences, employers emphasize creativity, self initiative, leadership, innovation, and team-work, and thereby improve the working conditions of all Americans and the chances for economic success. SEC. 3. PURPOSE. It is the purpose of this Act to establish a grant program within the Department of Labor to-- (1) study and address issues relating to work force and cultural diversity and their impact on economic competitiveness, employment opportunities, advancement and retention; and (2) develop collaborative public and private sector education and training materials that address the issues of work force and cultural diversity. SEC. 4. DEFINITIONS. As used in this Act-- (1) Federal share.-- (A) In general.--Except as provided in subparagraph (B), the term ``Federal share'' means 50 percent of the cost of each grant awarded under this Act. (B) Exception.--If the Secretary, after consultation with the peer review panel, determines that to do so will further the purposes of this Act, the Secretary may increase the amount of the Federal share. (2) Institution of higher education.--The term ``institution of higher education'' has the same meaning given that term by section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). (3) Non-federal share.-- (A) In general.--The term ``non-Federal share'' means the amount required to be expended by the recipient of a grant under this Act. (B) In-kind services.--Amounts available to pay the non-Federal share under this paragraph may include in- kind services or other resources. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 5. WORK FORCE DIVERSITY GRANT PROGRAM. (a) Program Authorized.--The Secretary is authorized to award grants to eligible entities to pay the Federal share of the cost of programs established by such entities that are designed to-- (1) target and develop issues relating to work force and cultural diversity; (2) develop public and private sector education and training materials that focus on the issues of work force and cultural diversity; (3) foster research, scholarship, innovative curriculum development, development of teaching materials, and other practicable supportive academic activities relating to such issues; (4) assist in the dissemination and transfer of such materials for use in private sector training efforts as they relate to issues of work force and cultural diversity; and (5) develop and establish cooperative higher education- business training programs to assist public and private industry leaders and workers in addressing the issue of work force diversity. (b) Requirement.--The Secretary shall ensure that the recipient of a grant under this Act agrees to establish, operate, and provide the non-Federal share of the cost of the work force diversity programs for which the grant is made. (c) Duration of Grant.--No grant awarded under this Act may be for a period longer than 3 years. SEC. 6. GRANT RECIPIENT SELECTION. (a) Submission of Proposals.--To be eligible for a grant under this Act an entity shall prepare and submit to the Secretary a proposal, at such time, in such manner and containing such information as the Secretary may reasonably require. (b) Participants.-- (1) In general.--An institution of higher education in partnership with one or more organizations described in paragraph (2), shall be eligible to receive a grant under this Act. (2) Organizations.--An organization referred to in paragraph (1) shall be-- (A) a corporation, business, or partnership, whether for profit or nonprofit; (B) a labor organization; or (C) an organization that has a demonstrated interest or expertise in work force diversity issues. (e) Criteria for Selection.-- (1) In general.--In determining whether to approve a proposal submitted under subsection (a), the Secretary shall take into account-- (A) the extent to which the grant applicant demonstrates a potential to achieve one or more of the purposes of this Act; (B) the level of participation and financial commitment of the participants; (C) the likelihood that a proposed program will foster the creation of increased diversity awareness programs in other institutional environments; (D) the likelihood that the proposed program will result in the development and dissemination of national or regional best practices; (E) the extent to which the project will impact the international competitiveness of the United States economy; and (F) such other criteria as the Secretary may prescribe. (2) Faculty participation.--The Secretary shall encourage partnerships desiring to receive a grant under this Act to submit proposals that are written by teams of faculty from multiple disciplines, student and academic affairs professional, or student organizations concerned with multicultural education, or any combination thereof. (3) Priority.--In awarding grants under this Act, the Secretary shall give priority to grant proposals that demonstrate the availability of sufficient amounts of non- Federal contributions or resources from non-governmental entities. SEC. 7. AREAS OF ACTION. A recipient of a grant under this Act shall use amounts received under such grant to engage in activities in accordance with one or more of the following guidelines: (1) The development of instructional material concerning efforts designed to address cultural and work force diversity issues within the workplace setting. (2) The development of public and private sector education and training materials that will address the issues of work force and cultural diversity. (3) The development of new approaches to work force diversity issues and scholarship efforts to be integrated within the curriculum of business schools, ethnic and women's studies, engineering schools, social science disciplines, humanities and the arts and sciences. In using grant funds under this paragraph, a grantee may employ approaches to be carried out in conjunction with corporate education and training programs. (4) The conduct of research concerning multicultural workplace interactions and team management and business in multicultural and multi-lingual marketplace settings. (5) The implementation of faculty development programs that focus on research, appropriate learning environments, and pedagogical approaches to teaching multicultural management and work diversity issues. (6) The development and dissemination of information concerning models for summer precollege business internship programs that aid in integrating the workplace and in giving students a better understanding of the private sector and of work force diversity issues. (7) The conduct of forums, workshops, and conferences in which representatives from academic, corporate, government, or other institutions with a demonstrated interest or expertise in work force diversity will focus on issues, attitudes and strategies that sensitize managers, employees, faculty, corporate, government and other leaders and workers to workplace diversity issues. (8) Any other activities that the Secretary determines to be appropriate to meet the purposes of this Act. SEC. 8. PEER REVIEW. To assist the Secretary in carrying out this Act, the Secretary shall establish peer review panels to review the merits of grant proposals proposed under this Act. In establishing such panels, the Secretary shall seek the widest participation of qualified individuals from participants, as defined in section 6(b). Each peer review panel shall report the findings and recommendations of the panel to the Secretary. SEC. 9. RECIPIENT REPORTS. Each recipient of a grant under this Act shall prepare and submit an annual report to the Secretary. Each such report shall include a summary of the progress of the activities implemented under the grant to achieve the purposes of this Act, a summary of the expenditures involved, a plan describing the recipient's planned use of funds for the forthcoming year, an explanation of the uses made of the results of the grant program where appropriate, and any other information that the Secretary determines to be appropriate. SEC. 10. REPORT. The Secretary shall annually prepare and submit to the appropriate committees of Congress, a report that shall include an evaluation of the progress made in achieving the purposes of this Act. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $10,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998.", "summary": "Work Force Diversity Partnership Act of 1993 - Authorizes the Secretary of Labor to award grants for public-private partnerships to encourage work force diversity through study of relevant issues and development of education and training materials and programs. Makes eligible for such grants institutions of higher education in partnership with for-profit or nonprofit corporations, businesses, or partnerships, labor organizations, or organizations with demonstrated interest or expertise in such issues. Gives priority to grant proposals demonstrating availability of sufficient amounts of non-Federal contributions, or resources from non-governmental entities. Requires peer review panels, recipient reports, and annual reports by the Secretary. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Housing Regulatory Relief Act''. SEC. 2. AUTHORITY TO WAIVE PUBLIC HOUSING PROGRAM REQUIREMENTS. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: ``SEC. 27. WAIVER OF PUBLIC HOUSING PROGRAM REQUIREMENTS. ``(a) Authority.--Upon the written request of a public housing agency or resident management corporation, the Secretary may authorize the agency or corporation to establish policies for the operation, maintenance, management, and development (including modernization) of one or more public housing projects and, in connection with granting such authority and except as provided in subsection (b), may waive or modify (with respect to the project or projects)-- ``(1) the requirements of this Act applicable to public housing; and ``(2) any requirements applicable to the project or projects under other provisions of law that the Secretary determines are not consistent with the policies proposed for the project or projects. ``(b) Limitation.--The Secretary may not waive or modify-- ``(1) any provision of this Act or any other provision of law that limits occupancy of public housing dwelling units to low-income families; ``(2) under section 18 of this Act that requires replacement of dwelling units in the case of demolition or disposition of public housing (except that the limitation on the use of tenant-based assistance to applications proposing demolition or disposition of 200 or more units may be waived); ``(3) any provision of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; ``(4) any provision of law that relates to equal opportunity, nondiscrimination, or the environment; or ``(5) any provision of this Act or any other provision of law that relates to labor standards. ``(c) Request for Waiver.--A request under subsection (a) shall-- ``(1) specify the provision or provisions of law to be waived or modified and the waivers or modifications proposed; ``(2) identify the public housing projects for which the waivers or modifications are requested; ``(3) describe the policies to be effective for the projects for which the waivers or modifications are requested; and ``(4) describe the costs to the public housing agency or resident management corporation, and to the Federal Government, of the waivers or modifications requested and the change of policies proposed. ``(d) Minimum Criteria for Approval.--The Secretary may approve a request under subsection (a) only if the Secretary determines that the request-- ``(1) would not, over the term of such authority, result in the Federal Government incurring more costs than the Government would otherwise incur if the request were not approved; ``(2) is consistent with the overall purposes of the public housing program; ``(3) is consistent with the Fair Housing Act, title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the National Environmental Policy Act of 1969; and ``(4) such other requirements as the Secretary may establish to carry out the purposes of this section. ``(e) Timing.--Any authority granted to a public housing agency pursuant to subsection (a), including any waiver or modification pursuant to this section of any requirement, shall be effective only for the period established by the Secretary in granting the waiver or modification, which may not exceed 4 years. Upon such expiration and pursuant to a written request, the Secretary may renew such authority for a public housing agency or resident management corporation, subject to the requirements of this section. ``(f) Applicability of State and Local Laws.--The provisions of any applicable State and local laws shall apply to any public housing agency, resident management corporation, and public housing project with respect to which authority is granted under subsection (a). ``(g) Reports.--The Secretary shall require each public housing agency and resident management corporation for which a request under subsection (a) is approved to submit a report to the Secretary annually for each year during the term for which the authority granted under subsection (a) is effective. The report shall describe the activities, operations, and policies of the agency or corporation during the year for which the report is submitted. ``(h) Definition.--For purposes of this section, the term `resident management corporation' means a resident management corporation established in accordance with the requirements of the Secretary under section 20.''. SEC. 3. PHA RETENTION OF SAVINGS REALIZED THROUGH EFFICIENT MANAGEMENT. Section 6(e) of the United States Housing Act of 1937 (42 U.S.C. 1437d(e)) is amended to read as follows: ``(e) Treatment of Savings.--Each contract for contributions shall provide that whenever in any year the receipts of a public housing agency in connection with a low-income housing project exceed its expenditures (including debt service, operation, maintenance, establishment of reserves, and other costs and charges) and the Secretary determines that such excess resulted from increased efficiency in the operation of the agency-- ``(1) an amount equal to one-half of such excess shall be applied, or set aside for application, to purposes which, in the determination of the Secretary, will effect a reduction in the amount of subsequent annual contributions; and ``(2) an amount equal to one-half of such excess shall be applied to operating reserve established for the project and shall not be considered in subsequent years in calculating the operating subsidies provided under section 9 to the public housing agency, except to the extent proposed by the agency in its operating budget.''. SEC. 4. AVAILABILITY OF PUBLIC HOUSING MODERNIZATION FUNDS DURING TERM OF PLAN. Section 14 of the United States Housing Act of 1937 (42 U.S.C. 1437l) is amended-- (1) in subsection (d)(3)(A), by striking ``within each 12- month period covered by such plan''; (2) in subsection (e)(1)(D), by striking ``at least a schedule'' and inserting ``a listing''; (3) in subsection (e)(3)(B), by adding at the end the following new sentence: ``This section may not be construed to require a public housing agency to amend its comprehensive plan under paragraph (1) to be able to (A) use assistance amounts for purposes consistent with the plan but not according to the schedule of actions to be taken under the plan, or (B) use assistance amounts provided to an agency for a fiscal year in another fiscal year covered by the plan for purposes consistent with the plan, notwithstanding the annual statement of activities by the agency under subparagraph (A).''; (4) in subsection (f)(1)(A), by striking ``specified for such year in'' and inserting ``anticipated to be conducted during such year under''; (5) in subsection (g), by striking ``to meet the objectives for the preceding year'' and inserting ``during the preceding year to meet the objectives''; and (6) in subsection (o), by striking ``for the purposes'' and all that follows through ``appropriate'' and inserting the following: ``in any year covered by the plan for the agency under subsection (d)(4) or (e)(1)(D), as appropriate, that was approved by the Secretary and for any purpose specified under or consistent with such plan, notwithstanding the schedule included in such plan pursuant to subsection (d)(3)(A) or (e)(1)(D), as appropriate''. SEC. 5. RECAPTURE OF PUBLIC HOUSING MODERNIZATION FUNDS. Section 14(g) of the United States Housing Act of 1937 (42 U.S.C. 1437(l)(g)) is amended-- (1) by inserting ``(1)'' after ``(g)''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary may establish a system for recapturing and redistributing amounts provided to public housing agencies under this subsection, which shall-- ``(A) provide for the recapture of such amounts only from an agency that, in the determination of the Secretary pursuant to a review under subsection (e)(4)(B) or an audit under subsection (e)(4)(C), has not made reasonable progress in carrying out modernization projects approved by the Secretary under the comprehensive plan for the agency under subsection (d)(4) or (e); ``(B) provide for the redistribution of such recaptured amounts for use by other public housing agencies that, in the determination of the Secretary, need such amounts to carry out the comprehensive plans for such agencies and are capable of using such amounts in a timely manner; ``(C) provide for redistribution to the agencies referred to in subparagraph (B) based on an allocation system that takes into consideration the formula established pursuant to subsection (k)(2)(A); and ``(D) establish an annual schedule for redistribution of amounts recaptured.''. SEC. 6. AUTHORITY FOR PHA'S TO BORROW AGAINST FUTURE PUBLIC HOUSING MODERNIZATION FUNDS. Section 14 of the United States Housing Act of 1937 (42 U.S.C. 1437l) is amended by adding at the end the following new subsection: ``(q) Authority to Borrow Against Future Assistance.-- ``(1) In general.--A public housing agency may, with the approval of the Secretary, enter into an agreement to pay any assistance for which the agency may become eligible under this section to ensure the repayment of notes or other obligations issued by the agency for the purpose of financing development, rehabilitation, or modernization of public housing. ``(2) Terms.--Notes or other obligations for which assistance under this section is pledged shall be in such form and denominations, have such maturities not exceeding 30 years, and be subject to such other conditions as the Secretary may prescribe. The Secretary may not deny a guarantee under this subsection on the basis of the proposed repayment period for the obligation, unless the period exceeds 30 years or the Secretary determines that the period causes the obligation to constitute an unacceptable financial risk. ``(3) Limitation on amount of outstanding obligations.-- Assistance under this section may not be pledged for the repayment of any obligation if the total outstanding principal of all obligations for which such assistance is pledged would thereby exceed an amount equal to 5 times the amount of assistance provided under this section during the most recently completed fiscal year to the agency issuing the obligation. ``(4) Repayment.--Notwithstanding any other provision of this section, assistance provided to an agency under this section may be used in the payment of principal and interest due (including such servicing, underwriting, and other costs as the Secretary may prescribe) on the notes or other obligations issued by the public housing agency pursuant to this subsection.''. SEC. 7. STUDY OF ACQUISITION AND LABOR REQUIREMENTS FOR PUBLIC HOUSING AGENCIES. (a) Study.--The Secretary of Housing and Urban Development shall conduct a study to determine the efficiency of the procedures and requirements applicable to procurement by public housing agencies of materials, supplies, systems, appliances, labor, and services used in maintaining, operating, and modernizing public housing projects. Under the study, the Secretary shall-- (1) compare the existing procurement system for public housing agencies to-- (A) a system of procurement under which public housing agencies procure materials, supplies, systems, appliances, labor, and services for use in maintaining, operating, and modernizing public housing projects without being subject to any requirements established by the Secretary or any other Federal laws or regulations regarding procurement; and (B) a system of procurement that operates in the manner described under subparagraph (A), except that under such system the Secretary would annually review the procurement policies and actions of each public housing agency for the preceding year and would have the authority to establish limitations on procurement policies and activities determined by the Secretary to have instituted inappropriate procurement policies or engaged in inappropriate procurement activities; (2) determine the advantages and disadvantages of procurement pursuant to the existing procurement system for public housing agencies and the systems referred to in subparagraphs (A) and (B) of paragraph (1); and (3) determine the effect of the requirements under section 12 of the United States Housing Act of 1937 (relating to labor standards) on the affordability of dwelling units in public housing. (b) Report.--The Secretary of Housing and Urban Development shall submit a report to the Congress describing the study, the findings of the study, and any recommendations resulting from the study, not later than the expiration of the 2-year period beginning on the date of the enactment of this Act.", "summary": "Public Housing Regulatory Relief Act - Amends the United States Housing Act of 1937 to authorize the waiver (with specified exceptions) of public housing requirements. Permits a public housing agency (PHA) to retain savings realized through efficient management. Authorizes the recapture of public housing modernization funds. Authorizes PHAs to borrow against future modernization funds. Directs the Secretary of Housing and Urban Development to study PHA labor and acquisition requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Gambling Prohibition Act of 1997''. SEC. 2. DEFINITIONS. Section 1081 of title 18, United States Code, is amended-- (1) in the matter immediately following the colon, by designating the first 5 undesignated paragraphs as paragraphs (1) through (5), respectively, and moving the indentation of each paragraph 2 ems to the right; (2) in paragraph (5), as so designated-- (A) by striking ``wire communication'' and inserting ``communication''; (B) by striking ``transmission of writings'' and inserting ``transmission or receipt of data, writings''; and (C) by striking ``or other like'' and all that follows before the period and inserting ``radio, electromagnetic, photo-optical, photoelectric, or other similar facility''; and (3) by adding at the end the following: ``(6) Bets or wagers.--The term `bets or wagers'-- ``(A) means the staking or risking by any person of something of value (other than in a de minimis amount, such as postage, filling out a form or survey, or visits to a place where no charge is made for such visits) upon the outcome of a contest of chance or a future contingent event which contest or event is predominantly subject to pure chance, upon an agreement or understanding that the person or another person will receive something of greater value than the amount staked or risked in the event of a certain outcome; ``(B) includes-- ``(i) the purchase of a chance or opportunity to win a lottery or other prize if the opportunity to win is subject to pure chance and the purchase requires a consideration that is not in a de minimis amount as described in subparagraph (A) and ``(ii) information that is intended by the sender to be used by a person engaged in the business of betting or wagering to accept or place a bet or wager; and ``(C) does not include-- ``(i) a bona fide business transaction governed by the securities laws (as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47))) for the purchase or sale at a future date of securities (as that term is defined in section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10))); ``(ii) a contract of indemnity or guarantee; or ``(iii) a contract for life, health, or accident insurance. ``(7) Information assisting in the placing of bets or wagers.--The term `information assisting in the placing of bets or wagers means information that is sent by a person engaged in the business of betting or wagering that is necessary in order for the recipient to place a bet or wager by means of a communication facility being used in interstate or foreign commerce.''. SEC. 3. TRANSMISSION OF WAGERING INFORMATION; PENALTIES. (a) In General.--Section 1084 of title 18, United States Code, is amended by striking subsections (a) through (c) and inserting the following: ``(a) In General.-- ``(1) Persons engaged in the business of betting or wagering.--Whoever, being engaged in the business of betting or wagering knowingly uses a communication facility for the transmission or receipt in interstate or foreign commerce of bets or wagers, information assisting in the placing of bets or wagers, or a communication that entitles the transmitter or receiver to the opportunity to receive money or credit as a result of bets or wagers made using a communication facility in interstate or foreign commerce, shall be fined under this title or imprisoned not more than 4 years, or both. ``(2) Other persons.--Whoever (other than a person described in paragraph (1)) knowingly uses a communication facility for the transmission or receipt in interstate or foreign commerce of bets or wagers, information assisting in the placing of bets or wagers, or a communication that entitles the transmitter or receiver to the opportunity to receive money or credit as a result of bets or wagers, shall be fined under this title or imprisoned not more than 6 months, or both. ``(b) Exceptions.-- ``(1) News reporting; legal bets and wagers.--Nothing in this section shall be construed to prohibit the transmission or receipt in interstate or foreign commerce of any information-- ``(A) for use in the news reporting of any activity, event, or contest upon which bets or wagers are based; ``(B) assisting in the placing of bets or wagers, if betting or wagering on such activity, event, or contest-- ``(i) is not illegal in the State or foreign country in which the transmission originates; and ``(ii) is not illegal in each State and each foreign country in which the sender intends the transmission to be received for the purposes of betting or wagering; or ``(C) advertising, promotion, or other communication by, or authorized by, anyone licensed to operate a gambling business in a State in which such business is lawful and in which the recipient of the information must be physically present at the licensed business establishment in order to place a bet or wager or engage in a contest which is conducted at such establishment. ``(2) State law.--Nothing in this section shall be construed to preempt any State law.''. (b) Duties of Common Carriers and Interactive Computer Service Providers.--Subsection (d) of section 1084 of title 18, United States Code, is amended-- (1) by striking ``(d) When'' and inserting the following: ``(c) Duties of Common Carriers and Interactive Computer Service Providers.-- ``(1) In general.--If''; (2) by inserting ``or interactive computer service provider'' after ``common carrier'' each place that term appears; (3) by striking ``Nothing'' and inserting the following: ``(3) Judicial action.--Nothing''; and (4) by inserting after paragraph (1), as amended by subparagraph (1), the following: ``(2) Injunctive relief.--Any State or local law enforcement agency acting within its jurisdiction, may, following the issuance of a notice under paragraph (1), in a civil action, obtain an injunction or other appropriate relief preventing the use of such facility for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of State or local law.''. (c) Stylistic Amendment.--Section 1084(e) of title 18, United States Code, is amended by inserting ``.--Definition''. SEC. 4. SENSE OF THE CONGRESS. It is the sense of the Congress that the Federal Government should have extraterritorial jurisdiction over the transmission to or receipt from the United States of-- (1) bets or wagers (as that term is defined in section 1081 of title 18, United States Code); (2) information assisting in the placing of bets or wagers; and (3) any communication that entitles the transmitter or recipient to the opportunity to receive money or credit as a result of bets or wagers. SEC. 5. REPORT. Not later than one year after the date of enactment of this Act, the Attorney General shall submit a report to Congress that includes-- (1) an analysis of the problems, if any, associated with enforcing section 1084 of title 18, United States Code, as amended by this Act; and (2) recommendations for the best use of the resources of the Department of Justice to enforce that section.", "summary": "Internet Gambling Prohibition Act of 1997 - Amends the Federal criminal code to provide penalties against any person who, while engaged in the business of betting or wagering, knowingly uses a communication facility for the transmission or receipt in interstate or foreign commerce of bets or wagers, information assisting in the placing of bets or wagers, or a communication that entitles the transmitter or receiver to receive money or credit as a result of bets or wagers. Provides a smaller penalty for those engaging in such activities who are not in the business of betting or wagering. Provides prohibition exceptions. Authorizes the Federal Communications Commission to enforce against interstate computer service providers regulations prohibiting the interstate or foreign transmission of gambling information. Authorizes injunctive relief against such carriers or providers. Expresses the sense of the Congress that the Federal Government should have extraterritorial jurisdiction over the transmission to or receipt from the United States of gambling information as well as any communication that entitles the transmitter or recipient to receive money or credit as a result of bets or wagers. Requires a report from the Attorney General to the Congress concerning the enforcement of such gambling regulations and related recommendations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Project SEARCH Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) small communities often struggle to meet environmental goals due to difficulty in securing funding; (2) often, traditional sources of funding for environmental projects require expensive, complex studies or other application materials; (3) a small community that secures funding for an environmental project from a traditional source often is unable to provide matching funds required by the traditional source; and (4) small communities would benefit from a grant program designed to provide funding for environmental projects-- (A) through a simplified application process; and (B) without the requirement of matching funds. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Council.--The term ``council'' means an independent citizens' council established by section 4(b) . (3) Environmental project.-- (A) In general.--The term ``environmental project'' means a project that is carried out for the benefit of the public health or welfare or the environment. (B) Inclusion.--The term ``environmental project'' includes an initial feasibility study. (4) Region.--The term ``region'' means a geographic area of a State, as determined by the Governor of the State. (5) SEARCH grant.--The term ``SEARCH grant'' means a grant for special environmental assistance for the regulation of communities and habitat awarded under section 4(c)(3). (6) Small community.--The term ``small community'' means an incorporated or unincorporated community having a population of not more than 2500 individuals. SEC. 4. SEARCH GRANT PROGRAM. (a) In General.-- (1) Establishment.--There is established the SEARCH Grant Program. (2) Grant to council.--Not later than November 1 of each year after the date of enactment of this Act, the Administrator shall transfer $1,000,000 to the Governor of each State, for use by the council in the State. (b) Independent Citizens' Council.-- (1) Establishment.--There is established in each State an independent citizens' council. (2) Composition.-- (A) In general.-- (i) Representation.--Each council shall be composed of 9 members that broadly represent the general population of the State in which the council is established, as determined by the Governor of the State. (ii) Appointment.--A member of a council shall be appointed by the Governor of the State, except that-- (I) not more than 1 member shall be an agent, employee, or official of the Federal Government; and (II) not more than 1 member shall be an agent, employee, or official of the State government. (B) Chairperson.--Each council shall select a chairperson from among the members of the council, except that a member described in subclause (I) or (II) of subparagraph (A)(ii) shall not serve as chairperson. (3) SEARCH grants.-- (A) In general.--Each council shall review applications for and award SEARCH grants from the funds transferred under subsection (a)(1) to small communities that meet the eligibility criteria under subsection (c). (B) No matching requirement.--A small community that receives a SEARCH grant under this section shall not be required to provide matching funds. (c) SEARCH Grants to Small Communities.-- (1) Eligibility criteria.--Each council may award a SEARCH grant under this section to a small community for an environmental project for which the small community-- (A)(i) is unable to secure funding; or (ii) is underfunded; (B) has incurred unexpected expenses during construction of the environmental project; or (C) needs funds for initial feasibility or environmental studies before applying to traditional funding sources. (2) Application.--To apply for a SEARCH grant under this section, a small community shall submit to the council in the State in which the small community is located an application that includes-- (A) a description of the proposed environmental project (including an explanation of how the project would assist the small community in complying with environmental regulations); (B) an explanation of why the project is important to the community; (C) a description of all actions taken with respect to the project, including any attempt to secure funding, as of the date of the application; and (D) a SEARCH grant application form provided by the council, completed and with all required supporting documentation. (3) Application and review.-- (A) Application.--An application for a SEARCH grant under this section shall be submitted to a council not later than February 5 of the fiscal year for which the grant is to be awarded. (B) Review and award.--Not later than March 5 of each year, each council shall-- (i) review all applications received under subparagraph (A); and (ii) award SEARCH grants to small communities based on an evaluation of the eligibility criteria under paragraph (1). (C) Unexpended funds.-- (i) In general.--If any unexpended funds remain after SEARCH grants are awarded under subparagraph (B), the council may repeat the application and review process so that any remaining funds may be awarded not later than July 30. (ii) Retention of funds.--Any unexpended funds that are not awarded under subparagraph (B) or clause (i) shall be retained by the council for award during the following year. (d) Report.--Not later than September 1 of the first fiscal year for which a SEARCH grant is awarded by a council under this section, and annually thereafter, the council shall submit to the Administrator a report that-- (1) describes the number of SEARCH grants awarded during the fiscal year; (2) identifies each small community that received a SEARCH grant during the fiscal year; (3) describes the project or purpose for which each SEARCH grant was awarded; and (4) describes the status of each project or portion of a project for which a SEARCH grant was awarded, including a project or portion of a project for which a SEARCH grant was awarded for any fiscal year before the fiscal year in which the report is submitted. (e) Authorization of Appropriations.-- (1) Grant funding.-- (A) In general.--There is authorized to be appropriated to carry out section 4(a)(2) $1,000,000 for each State for each fiscal year. (B) Actual appropriation.--If funds to carry out section 4(a)(2) are made available for a fiscal year in an amount that is less than the amount authorized under subparagraph (A) for the fiscal year, the appropriated funds shall be divided equally among the 50 States. (2) Other expenses.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this Act other than section 4(a)(2).", "summary": "Requires the Administrator of the Environmental Protection Agency to transfer $1 million annually to each State Governor for use by independent citizens' councils established by this Act. Directs councils to review applications for and award SEARCH grants from such funds to small communities that: (1) are unable to secure funding or are underfunded for environmental projects; (2) have incurred unexpected expenses during construction of such a project; or (3) need funds for initial feasibility or environmental studies before applying to traditional funding sources. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Corinth Battlefield Preservation Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) in 1996, Congress authorized the establishment and construction of a center-- (A) to facilitate the interpretation of the Siege and Battle of Corinth and other Civil War actions in the area in and around the city of Corinth, Mississippi; and (B) to enhance public understanding of the significance of the Corinth campaign and the Civil War relative to the western theater of operations, in cooperation with-- (i) State or local governmental entities; (ii) private organizations; and (iii) individuals; (2) the Corinth Battlefield was ranked as a priority 1 battlefield having critical need for coordinated nationwide action by the year 2000 by the Civil War Sites Advisory Commission in its report on Civil War Battlefields of the United States; (3) there is a national interest in protecting and preserving sites of historic significance associated with the Civil War; and (4) the States of Mississippi and Tennessee and their respective local units of government-- (A) have the authority to prevent or minimize adverse uses of these historic resources; and (B) can play a significant role in the protection of the historic resources related to the Civil War battles fought in the area in and around the city of Corinth. (b) Purposes.--The purposes of this Act are-- (1) to establish the Corinth Unit of the Shiloh National Military Park-- (A) in the city of Corinth, Mississippi; and (B) in the State of Tennessee; (2) to direct the Secretary of the Interior to manage, protect, and interpret the resources associated with the Civil War Siege and the Battle of Corinth that occurred in and around the city of Corinth, in cooperation with-- (A) the State of Mississippi; (B) the State of Tennessee; (C) the city of Corinth, Mississippi; (D) other public entities; and (E) the private sector; and (3) to authorize a special resource study to identify other Civil War sites in and around the city of Corinth that-- (A) are consistent with the themes of the Siege and Battle of Corinth; (B) meet the criteria for designation as a unit of the National Park System; and (C) are considered appropriate for inclusion in the Unit. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``Map'' means the map entitled ``Park Boundary-Corinth Unit'', numbered 304/80,007, and dated October 1998. (2) Park.--The term ``Park'' means the Shiloh National Military Park. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Unit.--The term ``Unit'' means the Corinth Unit of Shiloh National Military Park established under section 4. SEC. 4. ESTABLISHMENT OF UNIT. (a) In General.--There is established in the States of Mississippi and Tennessee the Corinth Unit of the Shiloh National Military Park. (b) Composition of Unit.--The Unit shall be comprised of-- (1) the tract consisting of approximately 20 acres generally depicted as ``Battery Robinett Boundary'' on the Map; and (2) any additional land that the Secretary determines to be suitable for inclusion in the Unit that-- (A) is under the ownership of a public entity or nonprofit organization; and (B) has been identified by the Siege and Battle of Corinth National Historic Landmark Study, dated January 8, 1991. (c) Availability of Map.--The Map shall be on file and available for public inspection in the office of the Director of the National Park Service. SEC. 5. LAND ACQUISITION. (a) In General.--The Secretary may acquire land and interests in land within the boundary of the Park as depicted on the Map, by-- (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. (b) Exception.--Land may be acquired only by donation from-- (1) the State of Mississippi (including a political subdivision of the State); (2) the State of Tennessee (including a political subdivision of the State); or (3) the organization known as ``Friends of the Siege and Battle of Corinth''. SEC. 6. PARK MANAGEMENT AND ADMINISTRATION. (a) In General.--The Secretary shall administer the Unit in accordance with this Act and the laws generally applicable to units of the National Park System, including-- (1) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (2) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (b) Duties.--In accordance with section 602 of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 430f-5), the Secretary shall-- (1) commemorate and interpret, for the benefit of visitors and the general public, the Siege and Battle of Corinth and other Civil War actions in the area in and around the city of Corinth within the larger context of the Civil War and American history, including the significance of the Civil War Siege and Battle of Corinth in 1862 in relation to other operations in the western theater of the Civil War; and (2) identify and preserve surviving features from the Civil War era in the area in and around the city of Corinth, including both military and civilian themes that include-- (A) the role of railroads in the Civil War; (B) the story of the Corinth contraband camp; and (C) the development of field fortifications as a tactic of war. (c) Cooperative Agreements.-- (1) In general.--To carry out this Act, the Secretary may enter into cooperative agreements with entities in the public and private sectors, including-- (A) colleges and universities; (B) historical societies; (C) State and local agencies; and (D) nonprofit organizations. (2) Technical assistance.--To develop cooperative land use strategies and conduct activities that facilitate the conservation of the historic, cultural, natural, and scenic resources of the Unit, the Secretary may provide technical assistance, to the extent that a recipient of technical assistance is engaged in the protection, interpretation, or commemoration of historically significant Civil War resources in the area in and around the city of Corinth, to-- (A) the State of Mississippi (including a political subdivision of the State); (B) the State of Tennessee (including a political subdivision of the State); (C) a governmental entity; (D) a nonprofit organization; and (E) a private property owner. (d) Resources Outside the Unit.--Nothing in subsection (c)(2) authorizes the Secretary to own or manage any resource outside the Unit. SEC. 7. AUTHORIZATION OF SPECIAL RESOURCE STUDY. (a) In General.--To determine whether certain additional properties are appropriate for inclusion in the Unit, the Secretary shall conduct a special resource study of land in and around the city of Corinth, Mississippi, and nearby areas in the State of Tennessee that-- (1) have a relationship to the Civil War Siege and Battle of Corinth in 1862; and (2) are under the ownership of-- (A) the State of Mississippi (including a political subdivision of the State); (B) the State of Tennessee (including a political subdivision of the State); (C) a nonprofit organization; or (D) a private person. (b) Contents of Study.--The study shall-- (1) identify the full range of resources and historic themes associated with the Civil War Siege and Battle of Corinth in 1862, including the relationship of the campaign to other operations in the western theater of the Civil War that occurred in-- (A) the area in and around the city of Corinth; and (B) the State of Tennessee; (2) identify alternatives for preserving features from the Civil War era in the area in and around the city of Corinth, including both military and civilian themes involving-- (A) the role of the railroad in the Civil War; (B) the story of the Corinth contraband camp; and (C) the development of field fortifications as a tactic of war; (3) identify potential partners that might support efforts by the Secretary to carry out this Act, including-- (A) State entities and their political subdivisions; (B) historical societies and commissions; (C) civic groups; and (D) nonprofit organizations; (4) identify alternatives to avoid land use conflicts; and (5) include cost estimates for any necessary activity associated with the alternatives identified under this subsection, including-- (A) acquisition; (B) development; (C) interpretation; (D) operation; and (E) maintenance. (c) Report.--Not later than 1 year and 180 days after the date on which funds are made available to carry out this section, the Secretary shall submit a report describing the findings of the study under subsection (a) to-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Resources of the House of Representatives. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, including $3,000,000 for the construction of an interpretive center under section 602(d) of title VI of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 430f-5(d)). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Requires the Secretary to study and report to specified congressional committees on whether certain additional properties are appropriate for inclusion in the Unit. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preventing Unemployment Act of 2010''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Treatment of short-time compensation programs. Sec. 3. Temporary financing of certain short-time compensation payments. Sec. 4. Temporary Federal short-time compensation. Sec. 5. Grants for implementation of State short-time compensation programs. Sec. 6. Assistance and guidance in implementing programs. Sec. 7. Reports. SEC. 2. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS. (a) Definition.-- (1) In general.--Section 3306 of the Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by adding at the end the following new subsection: ``(v) Short-Time Compensation Program.--For purposes of this chapter, the term `short-time compensation program' means a program under which-- ``(1) the participation of an employer is voluntary; ``(2) an employer reduces the number of hours worked by employees in lieu of temporary layoffs; ``(3) such employees whose workweeks have been reduced by at least 10 percent, and by not more than the percentage, if any, that is determined by the State to be appropriate, are eligible for unemployment compensation; ``(4) the amount of unemployment compensation payable to any such employee is a pro rata portion of the unemployment compensation which would be payable to the employee if such employee were totally unemployed; ``(5) such employees are not expected to meet the availability for work or work search test requirements while collecting short-time compensation benefits, but are required to be available for their normal workweek; ``(6) eligible employees may participate, as appropriate, in an employer-sponsored training program to enhance job skills if such program has been approved by the State agency; ``(7) the State agency shall require an employer to certify that the employer will continue to provide health benefits and retirement benefits under a defined benefit plan (as defined in section 414(j)) and contributions under a defined contribution plan (as defined in section 414(i)) to any employee whose workweek is reduced under the program under the same terms and conditions as though the workweek of such employee had not been reduced; ``(8) the State agency shall require an employer (or an employer's association which is party to a collective bargaining agreement) to submit a written plan describing the manner in which the requirements of this subsection will be implemented and containing such other information as the Secretary of Labor determines is appropriate; ``(9) in the case of employees represented by a union, the appropriate official of the union has agreed to the terms of the employer's written plan and implementation is consistent with employer obligations under the National Labor Relations Act; and ``(10) only such other provisions are included in the State law as the Secretary of Labor determines appropriate for purposes of a short-term compensation program.''. (2) Effective date.-- (A) In general.--Except as provided in subparagraph (B), the amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. (B) Delay permitted.--In the case of a State that is administering a short-time compensation program as of the date of the enactment of this Act and the State law cannot be administered consistent with the amendment made by paragraph (1), such amendment shall take effect on the earlier of-- (i) the date the State changes its State law in order to be consistent with such amendment; or (ii) the date that is 2 years after the date of the enactment of this Act. (b) Conforming Amendments.-- (1) Internal revenue code of 1986.-- (A) Subparagraph (E) of section 3304(a)(4) of the Internal Revenue Code of 1986 is amended to read as follows: ``(E) amounts may be withdrawn for the payment of short-time compensation under a short-time compensation program (as defined under section 3306(v));''. (B) Subsection (f) of section 3306 of the Internal Revenue Code of 1986 is amended-- (i) by striking paragraph (5) (relating to short-term compensation) and inserting the following new paragraph: ``(5) amounts may be withdrawn for the payment of short- time compensation under a short-time compensation program (as defined in subsection (v)); and''; and (ii) by redesignating paragraph (5) (relating to self-employment assistance program) as paragraph (6). (2) Social security act.--Section 303(a)(5) of the Social Security Act is amended by striking ``the payment of short-time compensation under a plan approved by the Secretary of Labor'' and inserting ``the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986)''. (3) Unemployment compensation amendments of 1992.-- Subsections (b) through (d) of section 401 of the Unemployment Compensation Amendments of 1992 (26 U.S.C. 3304 note) are repealed. SEC. 3. TEMPORARY FINANCING OF CERTAIN SHORT-TIME COMPENSATION PAYMENTS. (a) Payments to States.-- (1) In general.--Subject to paragraph (3), there shall be paid to a State an amount equal to 100 percent of the amount of short-time compensation paid under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a)) under the provisions of the State law. Notwithstanding section 2(a)(2), a State administering a short-term compensation program as of the date of the enactment of this Act shall not be eligible to receive payments under this section until the program administered by such State meets the requirements of section 3306(v) of the Internal Revenue Code of 1986 (as so added). Payments shall also be made for additional State administrative expenses incurred (as determined by the Secretary). (2) Terms of payments.--Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (3) Limitations on payments.-- (A) General payment limitations.--No payments shall be made to a State under this section for benefits paid to an individual by the State in excess of 26 weeks of benefits. (B) Employer limitations.--No payments shall be made to a State under this section for benefits paid to an individual by the State under a short-time compensation program if such individual is employed by an employer-- (i) whose workforce during the 3 months preceding the date of the submission of the employer's short-time compensation plan has been reduced by temporary layoffs of more than 20 percent; or (ii) on a seasonal, temporary, or intermittent basis. (b) Applicability.--Payments to a State under subsection (a) shall be available for weeks of unemployment-- (1) beginning on or after the date of the enactment of this Act; and (2) ending on or before the date that is 3 years after the date of the enactment of this Act. (c) Funding and Certifications.-- (1) Funding.--There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. (2) Certifications.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. (d) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Labor. (2) State; state agency; state law.--The terms ``State'', ``State agency'', and ``State law'' have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 4. TEMPORARY FEDERAL SHORT-TIME COMPENSATION. (a) Federal-State Agreements.-- (1) In general.--Any State which desires to do so may enter into, and participate in, an agreement under this section with the Secretary provided that such State's law does not provide for the payment of short-time compensation under-- (A) a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a)); or (B) subsections (b) through (d) of section 401 of the Unemployment Compensation Amendments Act of 1992, as in effect on the day before the date of the enactment of this Act. (2) Ability to terminate.--Any State which is a party to an agreement under this section may, upon providing 30 days' written notice to the Secretary, terminate such agreement. (b) Provisions of Federal-State Agreement.-- (1) In general.--Any agreement under this section shall provide that the State agency of the State will make payments of short-time compensation under a plan approved by the State. Such plan shall provide that payments are made in accordance with the requirements under section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a). (2) Limitations on plans.-- (A) General payment limitations.--A short-time compensation plan approved by a State shall not permit the payment of short-time compensation in excess of 26 weeks. (B) Employer limitations.--A short-time compensation plan approved by a State shall not provide payments to an individual if such individual is employed by an employer-- (i) whose workforce during the 3 months preceding the date of the submission of the employer's short-time compensation plan has been reduced by temporary layoffs of more than 20 percent; or (ii) on a seasonal, temporary, or intermittent basis. (3) Employer payment of costs.--Any short-time compensation plan entered into by an employer must provide that the employer will pay the State an amount equal to one-half of the amount of short-time compensation paid under such plan. Such amount shall be deposited in the State's unemployment fund and shall not be used for purposes of calculating an employer's contribution rate under section 3303(a)(1) of the Internal Revenue Code of 1986. (c) Payments to States.-- (1) In general.--There shall be paid to each State with an agreement under this section an amount equal to-- (A) one-half of the amount of short-time compensation paid to individuals by the State pursuant to such agreement; and (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary). (2) Terms of payments.--Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (3) Funding.--There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. (4) Certifications.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. (d) Applicability.--An agreement entered into under this section shall apply to weeks of unemployment-- (1) beginning on or after the date on which such agreement is entered into; and (2) ending on or before the date that is 2 years after the date of the enactment of this Act. (e) Transition Rule.--If a State has entered into an agreement under this section and subsequently enacts a State law providing for the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a)), the State shall not be eligible for payments under this section for weeks of unemployment beginning after the effective date of such State law. (f) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Labor. (2) State; state agency; state law.--The terms ``State'', ``State agency'', and ``State law'' have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 5. GRANTS FOR IMPLEMENTATION OF STATE SHORT-TIME COMPENSATION PROGRAMS. (a) Grants.-- (1) In general.--The Secretary shall award start-up grants to State agencies-- (A) in States that enact short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a)) on or after May 1, 2010, for the purpose of creating such programs; and (B) that apply for such grants not later than September 30, 2012. (2) Amount.--The amount of a grant awarded under paragraph (1) shall be an amount determined by the Secretary based on the costs of implementing a short-time compensation program. (3) Only 1 grant per state.--A State agency is only eligible to receive 1 grant under this section. (b) Funding.--There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. (c) Reporting.--The Secretary may establish reporting requirements for State agencies receiving a grant under this section in order to provide oversight of grant funds used by States for the creation of the short-time compensation programs. (d) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Labor. (2) State; state agency.--The terms ``State'' and ``State agency'' have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 6. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS. In order to assist States in establishing, qualifying, and implementing short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a)), the Secretary of Labor shall-- (1) develop model legislative language which may be used by States in developing and enacting such programs and periodically review and revise such model legislative language; (2) provide technical assistance and guidance in developing, enacting, and implementing such programs; (3) establish reporting requirements for States, including reporting on-- (A) the number of averted layoffs; (B) the number of participating companies and workers; and (C) such other items as the Secretary of Labor determines are appropriate. SEC. 7. REPORTS. (a) Initial Report.--Not later than 4 years after the date of the enactment of this Act, the Secretary of Labor shall submit to Congress and to the President a report or reports on the implementation of the provisions of this Act, including an analysis of the significant impediments to State enactment and implementation of short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 2(a)). (b) Subsequent Reports.--After the submission of the report under subsection (a), the Secretary of Labor may submit such additional reports on the implementation of short-time compensation programs as the Secretary deems appropriate. (c) Funding.--There are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Labor, $1,500,000 to carry out this section, to remain available without fiscal year limitation.", "summary": "Preventing Unemployment Act of 2010 - Amends the Federal Unemployment Tax Act (FUTA), the Internal Revenue Code, and the Unemployment Compensation Amendments of 1992 to prescribe requirements for the treatment and temporary financing of voluntary short-time compensation (STC) programs, under which: (1) an employer reduces the number of hours worked by employees in lieu of temporary layoffs; and (2) such employees are eligible for pro-rata unemployment compensation if their workweeks are reduced by between 10% and an appropriate state-determined percentage. Requires payments to states meeting the requirements of this Act in an amount equal to 100% of the STC paid to individuals. Prohibits such STC payments: (1) for more than 26 weeks; or (2) for an employee whose employer's workforce during the three months preceding submission of the employer's STC plan has been reduced by temporary layoffs of more than 20%, or on a seasonal, temporary, or intermittent basis. Authorizes temporary federal-state agreements for STC programs if a state does not currently provide for STC payments under an existing program. Requires employers under an STC plan to pay the state one-half of the amount of STC paid under the plan. Requires federal payments to states in an amount equal to: (1) one-half of the amount of STC paid to individuals by the state; and (2) any additional related administrative expenses incurred by the state. Requires the Secretary of Labor to award one start-up grant to state agencies: (1) in states that enact STC programs on or after May 1, 2010; and (2) that apply for such grants before FY2013. Specifies assistance and guidance the Secretary shall give states in establishing and implementing STC programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Dissenting Viewpoints and Voices Act of 2017''. SEC. 2. VIEWPOINT PROTECTION. (a) Actions by FCC.--Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 13. VIEWPOINT PROTECTION. ``(a) Prohibition Against Retaliation on Basis of Viewpoint.--The Commission may not revoke any license or other authorization of, or otherwise take action against, any person on the basis, in whole or in part, of viewpoints taken, or not taken, on issues of public importance in content that is broadcast or otherwise disseminated by such person or any person affiliated with such person. ``(b) Prohibition Against Conditions on Viewpoint in Transaction Review.--The Commission may not place on any approval under subsections (a), (b), and (c) of section 214 or section 310(d) any condition with respect to viewpoints to be taken, or not taken, on issues of public importance in content broadcast or otherwise disseminated by the person seeking such approval, any successor of such person, or any person affiliated with such person or successor. ``(c) No Effect on Certain Other Authority of Commission.--Nothing in this section shall be construed to affect the authority of the Commission to take action on the basis of, or to place a condition on an approval described in subsection (b) with respect to-- ``(1) a violation of-- ``(A) section 1304 of title 18, United States Code, or conduct that would constitute a violation of such section if content disseminated by means other than radio or television broadcast were disseminated by means of radio or television broadcast; ``(B) section 1343 of such title; or ``(C) section 1464 of such title, or conduct that would constitute a violation of such section if content disseminated by means other than radio communication were disseminated by means of radio communication; ``(2) a violation of, or conduct that the Commission has the authority to require or prohibit under, section 312(a)(7), 315, or 317 of this Act; ``(3) any public interest obligation under this Act of the person broadcasting or otherwise disseminating the content involved; or ``(4) the broadcast or other dissemination of content that constitutes incitement under the First Amendment to the Constitution.''. (b) Actions at Direction of President.-- (1) Retaliation on basis of viewpoint.--The President may not direct an agency to take any action against any person on the basis, in whole or in part, of viewpoints taken, or not taken, on issues of public importance in content that is broadcast or otherwise disseminated by such person or any person affiliated with such person. (2) Conditions on approvals or other decisions.--The President may not direct an agency to place on any approval or other decision within the jurisdiction of the agency any condition with respect to viewpoints to be taken, or not taken, on issues of public importance in content broadcast or otherwise disseminated by the person seeking such approval or other decision, any successor of such person, or any person affiliated with such person or successor. (3) No effect on certain other authority of president.-- Nothing in this subsection shall be construed to affect the authority of the President-- (A) to direct an agency to take action on the basis of, or to place a condition on an approval or other decision within the jurisdiction of the agency, with respect to-- (i) a violation of-- (I) section 1304 of title 18, United States Code, or conduct that would constitute a violation of such section if content disseminated by means other than radio or television broadcast were disseminated by means of radio or television broadcast; (II) section 1343 of such title; or (III) section 1464 of such title, or conduct that would constitute a violation of such section if content disseminated by means other than radio communication were disseminated by means of radio communication; or (ii) the broadcast or other dissemination of content that constitutes incitement under the First Amendment to the Constitution; or (B) to execute the duties of the President under any provision of law. (4) Agency defined.--In this subsection, the term ``agency'' has the meaning given such term in section 551 of title 5, United States Code.", "summary": "Protecting Dissenting Viewpoints and Voices Act of 2017 This bill amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from using the viewpoints that a person broadcasts or otherwise disseminates on issues of public importance as a basis for: (1) revoking the person's licenses or authorizations; (2) taking action against the person; or (3) placing conditions on the FCC's approval of the assignment or transfer of a station license or construction permit or the construction, extension, acquisition, operation, or discontinuation of a communications line. The bill also prohibits the President from directing an agency to take actions against a person, or to condition agency approvals, based on a person's broadcasted or disseminated viewpoints. Nothing in this bill affects the authority of the FCC or the President to take action against violations concerning the broadcast of: (1) obscene or indecent language, fraudulent schemes, or lottery information; or (2) content constituting incitement under the First Amendment. The FCC may continue to enforce broadcast requirements that: (1) permit candidates to federal elective office to purchase reasonable broadcast time, (2) allow equal broadcast opportunities for all candidates for public office, and (3) require disclosures of paid broadcasts. The President may continue to direct agencies to take actions to execute the President's legal duties."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Skilled Workforce Enhancement Act of 1998''. SEC. 2. CREDIT FOR EXPENSES FOR TRAINING EMPLOYEES IN HIGHLY SKILLED METALWORKING TRADES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45D. EXPENSES FOR TRAINING EMPLOYEES IN HIGHLY SKILLED METALWORKING TRADES. ``(a) General Rule.--For purposes of section 38, the highly skilled metalworking trades training credit determined under this section is an amount equal to 80 percent of the training expenses paid or incurred by the taxpayer during the training period with respect to each qualified trained employee of the taxpayer. Twenty percent of the credit determined under the preceding sentence shall be taken into account under section 38 for each of the first 5 taxable years after the taxable year in which the training period ends. ``(b) Limitations.-- ``(1) Maximum credit per employee.--The total amount of credit determined under this section with respect to each qualified trained employee for all taxable years shall not exceed $100,000. ``(2) Employer must be small employer.--Training expenses may be taken into account under subsection (a) only if the taxpayer is a small employer for the taxable year in which such expenses are paid or incurred. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified trained employee.-- ``(A) In general.--The term `qualified trained employee' means any employee (or former employee) of the taxpayer if-- ``(i) the employee received at least 8,000 hours of training (including on-the-job training) from the taxpayer (or any predecessor) during the training period as an apprentice in any highly skilled metalworking trade, and ``(ii) the employee is employed by the taxpayer in a journeyman capacity in any highly skilled metalworking trade on a full-time basis throughout at least the 1-year period beginning at the end of such employee's training period. ``(B) Highly skilled metalworking trades.--For purposes of subparagraph (A), the term `highly skilled metalworking trades' means the trades traditionally recognized as such, including precision machinists, die makers, mold makers, and tool and die designers in the tooling and machining industry. ``(2) Training expenses.-- ``(A) In general.--The term `training expenses' means wages paid or incurred to an employee of the taxpayer for services performed in a highly skilled metalworking trade while the employee is an apprentice in such trade. ``(B) Wages.--The term `wages' has the meaning given such term by section 3401(a). ``(3) Training period.--The term `training period' means the period of 4 years beginning on the date that the employee begins employment with the taxpayer as an apprentice in a highly skilled metalworking trade. ``(4) Small employer.-- ``(A) In general.--The term `small employer' means, with respect to any taxable year, any employer who employed an average of 500 or fewer employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. ``(d) Coordination With Other Credits.--Wages taken into account under subsection (a) shall not be taken into account in determining the credits under sections 51(a) and 1396(a).''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the highly skilled metalworking trades training credit determined under section 45D(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(d) Credit for Training Expenses for Employees in Highly Skilled Metalworking Trades.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45D(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Expenses for training employees in highly skilled metalworking trades.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act in taxable years ending after such date.", "summary": "Skilled Workforce Enhancement Act of 1998 - Amends the Internal Revenue Code to provide small employers with an income tax credit for certain long-term training of employees in highly skilled metalworking trades."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of National Homeland Security Act of 2001''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of National Homeland Security established under this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of National Homeland Security. SEC. 3. ESTABLISHMENT OF THE DEPARTMENT OF NATIONAL HOMELAND SECURITY. (a) Establishment.--There is established the Department of National Homeland Security. (b) Secretary of National Homeland Security.-- (1) In general.--The Secretary of National Homeland Security shall be the head of the Department. The Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (2) Cabinet level position.--Section 5312 of title 5, United States Code, is amended by adding at the end the following: ``Secretary of National Homeland Security.''. (3) Membership on the national security council.--Section 101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) is amended in the fourth sentence by striking paragraphs (5), (6), and (7) and inserting the following: ``(5) the Secretary of National Homeland Security; and ``(6) each Secretary or Under Secretary of such other executive department, or of a military department, as the President shall designate.''. (c) Duties.--The duties of the Secretary shall be the following: (1) To plan, coordinate, and integrate those United States Government activities relating to homeland security, including border security and emergency preparedness, and to act as a focal point regarding natural and manmade crises and emergency planning. (2) To work with State and local governments and executive agencies in protecting United States homeland security, and to support State officials through the use of regional offices around the Nation. (3) To provide overall planning guidance to executive agencies regarding United States homeland security. (4) To conduct exercise and training programs for employees of the Department and establish effective command and control procedures for the full range of potential contingencies regarding United States homeland security, including contingencies that require the substantial support of military assets. (5) To annually develop a Federal response plan for homeland security and emergency preparedness. SEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO THE DEPARTMENT. The authorities, functions, personnel, and assets of the following entities are transferred to the Department: (1) The Federal Emergency Management Agency, the ten regional offices of which shall be maintained and strengthened by the Department. (2) The United States Customs Service, which shall be maintained as a distinct entity within the Department. (3) The Border Patrol of the Immigration and Naturalization Service, which shall be maintained as a distinct entity within the Department. (4) The United States Coast Guard, which shall be maintained as a distinct entity within the Department. (5) The Critical Infrastructure Assurance Office and the Institute of Information Infrastructure Protection of the Department of Commerce. (6) The National Infrastructure Protection Center and the National Domestic Preparedness Office of the Federal Bureau of Investigation. SEC. 5. ESTABLISHMENT OF DIRECTORATES AND OFFICE. (a) Establishment of Directorates.--The following staff directorates are established within the Department: (1) Directorate of prevention.--The Directorate of Prevention, which shall be responsible for the following: (A) Overseeing and coordinating all United States border security activities. (B) Developing border and maritime security policy for the United States. (C) Developing and implementing international standards for enhanced security in transportation nodes. (2) Directorate of critical infrastructure protection.--The Directorate of Critical Infrastructure Protection, which shall be responsible for the following: (A) Acting as the Critical Information Technology, Assurance, and Security Officer of the Department to coordinate efforts to address the vulnerability of the United States to electronic or physical attacks on critical infrastructure of the United States, including utilities, transportation nodes, and energy resources. (B) Overseeing the protection of such infrastructure and the physical assets and information networks that make up such infrastructure. (C) Ensuring the maintenance of a nucleus of cyber security experts within the United States Government. (D) Enhancing sharing of information regarding cyber security and physical security of the United States, tracking vulnerabilities and proposing improved risk management policies, and delineating the roles of various government agencies in preventing, defending, and recovering from attacks. (E) Coordinating with the Federal Communications Commission in helping to establish cyber security policy, standards, and enforcement mechanisms, and working closely with the Federal Communications Commission on cyber security issues with respect to international bodies. (F) Coordinating the activities of Information Sharing and Analysis Centers to share information on threats, vulnerabilities, individual incidents, and privacy issues regarding United States homeland security. (G) Assuming the responsibilities carried out by the Critical Infrastructure Assurance Office before the date of the enactment of this Act. (H) Assuming the responsibilities carried out by the National Infrastructure Protection Center before the date of the enactment of this Act. (I) Supporting and overseeing the management of the Institute for Information Infrastructure Protection. (3) Directorate for emergency preparedness and response.-- The Directorate for Emergency Preparedness and Response, which shall be responsible for the following: (A) Carrying out all emergency preparedness and response activities carried out by the Federal Emergency Management Agency before the date of the enactment of this Act. (B) Assuming the responsibilities carried out by the National Domestic Preparedness Office before the date of the enactment of this Act. (C) Organizing and training local entities to respond to emergencies and providing State and local authorities with equipment for detection, protection, and decontamination in an emergency involving weapons of mass destruction. (D) Overseeing Federal, State, and local emergency preparedness training and exercise programs in keeping with current intelligence estimates and providing a single staff for Federal assistance for any emergency (including emergencies caused by flood, earthquake, hurricane, disease, or terrorist bomb). (E) Creating a National Crisis Action Center to act as the focal point for monitoring emergencies and for coordinating Federal support for State and local governments and the private sector in crises. (F) Establishing training and equipment standards, providing resource grants, and encouraging intelligence and information sharing among the Department of Defense, the Federal Bureau of Investigation, the Central Intelligence Agency, State emergency management officials, and local first responders. (G) Coordinating and integrating activities of the Department of Defense, the National Guard, and other Federal agencies into a Federal response plan. (H) Coordinating activities among private sector entities, including entities within the medical community, with respect to recovery, consequence management, and planning for continuity of services. (I) Developing and managing a single response system for national incidents in coordination with the Department of Justice, the Federal Bureau of Investigation, the Department of Health and Human Services, and the Centers for Disease Control. (J) Maintaining Federal asset databases and supporting up-to-date State and local databases. (b) Establishment of Office of Science and Technology.-- (1) In general.--There is established in the Department an Office of Science and Technology. (2) Purpose.--The Office of Science and Technology shall advise the Secretary regarding research and development efforts and priorities for the directorates established in subsection (a). SEC. 6. REPORTING REQUIREMENTS. (a) Biennial Reports.--The Secretary shall submit to Congress on a biennial basis-- (1) a report assessing the resources and requirements of executive agencies relating to border security and emergency preparedness issues; and (2) a report certifying the preparedness of the United States to prevent, protect against, and respond to natural disasters, cyber attacks, and incidents involving weapons of mass destruction. (b) Additional Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report-- (1) assessing the progress of the Department in-- (A) implementing the provisions of this Act; and (B) ensuring the core functions of each entity transferred to the Department are maintained and strengthened; and (2) recommending any conforming changes in law necessary as a result of the enactment and implementation of this Act. SEC. 7. COORDINATION WITH OTHER ORGANIZATIONS. The Secretary shall establish and maintain strong mechanisms for the sharing of information and intelligence with United States and international intelligence entities. SEC. 8. PLANNING, PROGRAMMING, AND BUDGETING PROCESS. The Secretary shall establish procedures to ensure that the planning, programming, budgeting, and financial activities of the Department comport with sound financial and fiscal management principles. At a minimum, those procedures shall provide for the planning, programming, and budgeting of activities of the Department using funds that are available for obligation for a limited number of years. SEC. 9. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH REQUIREMENTS. The Secretary shall-- (1) ensure that the Department complies with all applicable environmental, safety, and health statutes and substantive requirements; and (2) develop procedures for meeting such requirements. SEC. 10. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act, and (2) which are in effect at the time this Act takes effect, or were final before the effective date of this Act and are to become effective on or after the effective date of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of National Homeland Security or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Proceedings Not Affected.--The provisions of this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before an agency at the time this Act takes effect, with respect to functions transferred by this Act but such proceedings and applications shall continue. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits Not Affected.--The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against an agency, or by or against any individual in the official capacity of such individual as an officer of an agency, shall abate by reason of the enactment of this Act. (e) Administrative Actions Relating to Promulgation of Regulations.--Any administrative action relating to the preparation or promulgation of a regulation by an agency relating to a function transferred under this Act may be continued by the National Homeland Security with the same effect as if this Act had not been enacted. (f) References.--Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department, agency, or office from which a function is transferred by this Act-- (1) to the head of such department, agency, or office is deemed to refer to the Secretary of National Homeland Security; or (2) to such department, agency, or office is deemed to refer to the Department of National Homeland Security. SEC. 11. EFFECTIVE DATE. This Act shall take effect 6 months after the date of enactment of this Act.", "summary": "Department of National Homeland Security Act of 2001 - Establishes the Department of National Homeland Security. Includes the Secretary of National Homeland Security as a cabinet level position with membership on the National Security Council.Requires the Secretary to: (1) plan, coordinate, and integrate Government activities relating to homeland security, including border security and emergency preparedness, and act as a focal point regarding natural and manmade crises and emergency planning; (2) work with State and local governments and executive agencies in protecting U.S. homeland security and support State officials through the use of regional offices; (3) provide overall planning guidance to such agencies regarding homeland security; (4) conduct exercise and training programs for department employees and establish command and control procedures for security contingencies, including those that require the substantial military support; and (5) annually develop a Federal response plan for homeland security and emergency preparedness.Transfers to the Agency the authorities, functions, personnel, and assets of the Federal Emergency Management Agency, the U.S. Customs Service, the Border Patrol of the Immigration and Naturalization Service, the U.S. Coast Guard, the Critical Infrastructure Assurance Office and the Institute of Information Infrastructure Protection of the Department of Commerce, and the National Infrastructure Protection Center and the National Domestic Preparedness Office of the Federal Bureau of Investigation.Establishes within the Department: (1) separate Directorates of Prevention, Critical Infrastructure Protection, and Emergency Preparedness and Response; and (2) an Office of Science and Technology to advise the Secretary with regard to research and development efforts and priorities for such directorates.Requires the Secretary to establish mechanisms for the sharing of information and intelligence with U.S. and international intelligence entities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Eligibility Verification Act''. SEC. 2. VOTER ELIGIBILITY CONFIRMATION SYSTEM. (a) In General.--Title IV of the Immigration and Nationality Act (8 U.S.C. 1101, note) is amended by inserting after the chapter heading for chapter 1 the following: ``voter eligibility confirmation system ``Sec. 401. (a) In General.--The Attorney General, in consultation with the Commissioner of Social Security, shall establish a confirmation system through which they-- ``(1) respond to inquiries made to verify the citizenship of an individual who has submitted a voter registration application, by Federal, State, and local officials (including voting registrars) with responsibility for determining an individual's qualification to vote in a Federal, State, or local election; and ``(2) maintain a record of the inquiries that were made and of verifications provided (or not provided). ``(b) Initial Response.--The confirmation system shall provide for a confirmation or a tentative nonconfirmation of an individual's citizenship by the Commissioner of Social Security as soon as practicable after an initial inquiry to the Commissioner. ``(c) Secondary Verification Process in Case of Tentative Nonconfirmation.--In cases of tentative nonconfirmation, the Attorney General shall specify, in consultation with the Commissioner of Social Security and the Commissioner of the Immigration and Naturalization Service, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation as soon as practicable after the date of the tentative nonconfirmation. ``(d) Design and Operation of System.--The confirmation system shall be designed and operated-- ``(1) to be used on a voluntary basis, as a supplementary information source, by Federal, State, and local election officials for the purpose of assessing the eligibility of voter registration applicants, and administering voter registration, through citizenship verification; ``(2) to respond to an inquiry concerning citizenship only in a case where determining whether an individual is a citizen is-- ``(A) necessary for determining whether the individual is eligible to vote in an election for Federal, State, or local office; and ``(B) part of a program or activity to protect the integrity of the electoral process that is uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.); ``(3) to maximize its reliability and ease of use, consistent with insulating and protecting the privacy and security of the underlying information; ``(4) to permit inquiries to be made to the system through a toll-free telephone line or other toll-free electronic media; ``(5) to respond to all inquiries made by authorized persons and to register all times when the system is not responding to inquiries because of a malfunction; ``(6) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; and ``(7) to have reasonable safeguards against the system's resulting in unlawful discriminatory practices based on national origin or citizenship status, including the selective or unauthorized use of the system. ``(e) Responsibilities of the Commissioner of Social Security.-- ``(1) In general.--As part of the confirmation system, the Commissioner of Social Security shall establish a reliable, secure method, which compares the name and social security account number provided in an inquiry against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided regarding an individual whose identity and citizenship must be confirmed, the correspondence of the name and number, and whether the individual is a citizen of the United States. The Commissioner shall not disclose or release social security information (other than such confirmation or nonconfirmation). ``(2) Provision of alien identification number.--In cases of tentative nonconfirmation of an individual's citizenship by the Commissioner of Social Security after an initial inquiry to the Commissioner, the Commissioner, as part of the confirmation system, shall provide to the person making the inquiry any information the Commissioner maintains regarding an alien identification or authorization number for the individual established by the Immigration and Naturalization Service. The Attorney General, in consultation with the Commissioner, shall specify the information to be provided under this paragraph. ``(f) Responsibilities of the Commissioner of the Immigration and Naturalization Service.--As part of the confirmation system, the Commissioner of the Immigration and Naturalization Service shall establish a reliable, secure method, which compares the name and alien identification or authorization number described in subsection (e)(2) which are provided in an inquiry against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided, the correspondence of the name and number, and whether the individual is a citizen of the United States. ``(g) Updating Information.--The Commissioners of Social Security and the Immigration and Naturalization Service shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in subsection (c). ``(h) Limitation on Use of the Confirmation System and Any Related Systems.-- ``(1) In general.--Notwithstanding any other provision of law, nothing in this section shall be construed to permit or allow any department, bureau, or other agency of the United States Government to utilize any information, data base, or other records assembled under this section for any other purpose other than as provided for under this section. ``(2) No national identification card.--Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. ``(3) No new data bases.--Nothing in this section shall be construed to authorize, directly or indirectly, the Attorney General and the Commissioner of Social Security to create any joint computer data base that is not in existence on the date of the enactment of the Voter Eligibility Verification Act. ``(i) Actions by Voting Officials Unable to Confirm Citizenship.-- ``(1) In general.--In a case where an official who is authorized to receive information through use of the confirmation system is unable, after completion of the secondary verification process, to confirm the citizenship of an individual, the official-- ``(A) shall so notify the individual in writing; and ``(B) shall inform the individual in writing of the individual's right to use-- ``(i) the process provided under subsection (g) for the prompt correction of erroneous information in the confirmation system; or ``(ii) any other process for establishing eligibility to vote provided under State or Federal law. ``(2) Registration applicants.--In the case of an individual who is an applicant for voter registration, and who receives a notice from an official under paragraph (1), the official may, subject to, and in a manner consistent with, State law, reject the application, or provisionally accept the application, pending the official's receipt of adequate confirmation of the citizenship of the individual. ``(3) Voter removal programs.--In the case of an individual who is registered to vote, and who receives a notice from an official under paragraph (1) in connection with a program to remove the names of ineligible voters from an official list of eligible voters, the official may, subject to, and in a manner consistent with, State law, remove the name of the individual from the list, or grant the individual provisional voting status, pending the official's receipt of adequate confirmation of the citizenship of the individual.''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act is amended by inserting before the item relating to section 402 the following: ``Sec. 401. Voter eligibility confirmation system .''. SEC. 3. PERMITTING STATES TO REQUIRE APPLICANTS REGISTERING TO VOTE TO PROVIDE SOCIAL SECURITY NUMBER. Clauses (i) and (vi) of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) are amended by inserting ``voter registration,'' after ``driver's license,''.", "summary": "Voter Eligibility Verification Pilot Program Act of 1998 - Directs the Attorney General to establish a voter eligibility pilot confirmation program to respond to, and maintain records of, State and local election officials' inquiries to verify a voter registrant's citizenship. Terminates such program on September 30, 2001. Provides for: (1) an initial confirmation or nonconfirmation by the Commissioner of Social Security; and (2) in the case of an initial nonconfirmation, a secondary verification process by the Attorney General. Requires such program to: (1) be voluntary; (2) provide safeguards against discrimination; and (3) be applied, at a minimum, in California, New York, Texas, Florida, and Illinois. Directs the Commissioner of Social Security and the Commissioner of the Immigration and Naturalization Service to develop methods to confirm the reliability of the information provided. Prohibits Federal utilization of program information and related systems for purposes other than those authorized by this Act. Sets forth provisions regarding actions by officials unable to confirm an applicant's citizenship with respect to notification, registration, and ineligible voter removal programs. Authorizes State and local use of social security account numbers for purposes of this Act. Sets forth reporting requirements for the Attorney General and the Commissioner of Social Security. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000''. SEC. 2. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Bureau of Reclamation. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner. (3) State.--The term ``State'' means the Texas Water Development Board and any other authorized entity of the State of Texas. (4) Program area.--The term ``program area'' means-- (A) the counties in the State of Texas in the Rio Grande Regional Water Planning Area known as Region ``M'' as designated by the Texas Water Development Board; and (B) the counties of Hudspeth and El Paso, Texas. SEC. 3. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT PROGRAM. (a) In General.--The Secretary, acting pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory thereof and supplementary thereto, shall undertake a program in cooperation with the State, water users in the program area, and other non-Federal entities, to investigate and identify opportunities to improve the supply of water for the program area as provided in this Act. The program shall include the review of studies or planning reports (or both) prepared by any competent engineering entity for projects designed to conserve and transport raw water in the program area. As part of the program, the Secretary shall evaluate alternatives in the program area that could be used to improve water supplies, including the following: (1) Lining irrigation canals. (2) Increasing the use of pipelines, flow control structures, meters, and associated appurtenances of water supply facilities. (b) Program Development.--Within 6 months after the date of the enactment of this Act, the Secretary, in consultation with the State, shall develop and publish criteria to determine which projects would qualify and have the highest priority for financing under this Act. Such criteria shall address, at a minimum-- (1) how the project relates to the near- and long-term water demands and supplies in the study area, including how the project would affect the need for development of new or expanded water supplies; (2) the relative amount of water (acre feet) to be conserved pursuant to the project; (3) whether the project would provide operational efficiency improvements or achieve water, energy, or economic savings (or any combination of the foregoing) at a rate of acre feet of water or kilowatt energy saved per dollar expended on the construction of the project; and (4) if the project proponents have met the requirements specified in subsection (c). (c) Project Requirements.--A project sponsor seeking Federal funding under this program shall-- (1) provide a report, prepared by the Bureau of Reclamation or prepared by any competent engineering entity and reviewed by the Bureau of Reclamation, that includes, among other matters-- (A) the total estimated project cost; (B) an analysis showing how the project would reduce, postpone, or eliminate development of new or expanded water supplies; (C) a description of conservation measures to be taken pursuant to the project plans; (D) the near- and long-term water demands and supplies in the study area; and (E) engineering plans and designs that demonstrate that the project would provide operational efficiency improvements or achieve water, energy, or economic savings (or any combination of the foregoing) at a rate of acre feet of water or kilowatt energy saved per dollar expended on the construction of the project; (2) provide a project plan, including a general map showing the location of the proposed physical features, conceptual engineering drawings of structures, and general standards for design; and (3) sign a cost-sharing agreement with the Secretary that commits the non-Federal project sponsor to funding its proportionate share of the project's construction costs on an annual basis. (d) Financial Capability.--Before providing funding for a project to the non-Federal project sponsor, the Secretary shall determine that the non-Federal project sponsor is financially capable of funding the project's non-Federal share of the project's costs. (e) Review Period.--Within 1 year after the date a project is submitted to the Secretary for approval, the Secretary, subject to the availability of appropriations, shall determine whether the project meets the criteria established pursuant to this section. (f) Report Preparation; Reimbursement.--Project sponsors may choose to contract with the Secretary to prepare the reports required under this section. All costs associated with the preparation of the reports by the Secretary shall be 50 percent reimbursable by the non-Federal sponsor. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $2,000,000. SEC. 4. LOWER RIO GRANDE CONSTRUCTION AUTHORIZATION. (a) Project Implementation.--If the Secretary determines that any of the following projects meet the review criteria and project requirements, as set forth in section 3, the Secretary may conduct or participate in funding engineering work, infrastructure construction, and improvements for the purpose of conserving and transporting raw water through that project: (1) In the Hidalgo County, Texas Irrigation District #1, a pipeline project identified in the Melden & Hunt, Inc. engineering study dated July 6, 2000 as the Curry Main Pipeline Project. (2) In the Cameron County, Texas La Feria Irrigation District #3, a distribution system improvement project identified by the 1993 engineering study by Sigler, Winston, Greenwood and Associates, Inc. (3) In the Cameron County, Texas Irrigation District #2 canal rehabilitation and pumping plant replacement as identified as Job Number 48-05540-002 in a report by Turner Collie & Braden, Inc. dated August 12, 1998. (4) In the Harlingen Irrigation District Cameron #1 Irrigation District a project of meter installation and canal lining as identified in a proposal submitted to the Texas Water Development Board dated April 28, 2000. (b) Construction Cost Share.--The non-Federal share of the costs of any construction carried out under, or with assistance provided under, this section shall be 50 percent. Not more than 40 percent of the costs of such an activity may be paid by the State. The remainder of the non- Federal share may include in-kind contributions of goods and services, and funds previously spent on feasibility and engineering studies. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $10,000,000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Requires the Secretary to develop and publish criteria to determine which projects would qualify and have the highest priority for financing. Requires such criteria to address at a minimum: (1) how the project relates to the near-and long-term water demands and supplies in the study area, including how the project would affect the need for development of new or expanded water supplies; (2) the relative amount of water (acre feet) to be conserved; (3) whether the project would provide operational efficiency improvements or achieve water, energy, or economic savings (or any such combination) at a rate of acre feet of water or kilowatt energy saved per dollar expended on construction of the project; and (4) if the project proponents have met the following project requirements.Requires a project sponsor seeking Federal funding under this program to: (1) provide a report that includes an analysis showing how the project would reduce, postpone, or eliminate development of new or expanded water supplies, and a description of conservation measures to be taken; (2) provide a project plan; and (3) sign a cost-sharing agreement with the Secretary that commits the non-Federal project sponsor to annual funding of its proportionate share of the project's construction costs. Requires the Secretary to determine: (1) that the project sponsor is financially capable of funding the project's non-Federal share of the project's costs; and (2) within one year after the date the project is submitted for approval, whether a project meets the criteria.Permits project sponsors to contract with the Secretary to prepare such reports.Authorizes the Secretary, through specified projects that meet the review criteria and project requirements, to conduct or participate in funding engineering work, infrastructure construction and improvements for conserving and transporting raw water.Limits: (1) the non-Federal share of the costs of any such activity to 50 percent; and (2) payments by the State to 40 percent of such costs. Permits the remainder of the non-Federal share to include in-kind contributions of goods and services, and funds previously spent on feasibility and engineering studies.Authorizes appropriations."}
{"article": "SECTION 1. AUTOMATIC ELIGIBILITY OF HEAD START PARTICIPANTS. Section 9(b)(6) of the National School Lunch Act (42 U.S.C. 1758(b)(6)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``a member of''; (B) in clause (i)-- (i) by inserting ``a member of'' after ``(i)''; and (ii) by striking ``or'' at the end of the clause; (C) in clause (ii)-- (i) by inserting ``a member of'' after ``(ii)''; and (ii) by striking the period at the end of the clause and inserting ``; or''; and (D) by adding at the end the following new clause: ``(iii) enrolled as a participant in a Head Start program authorized under the Head Start Act (42 U.S.C. 9831 et seq.).''; and (2) in subparagraph (B), by striking ``food stamps or aid to families with dependent children'' and inserting ``food stamps, aid to families with dependent children, or enrollment or participation in a Head Start program''. SEC. 2. CHILD AND ADULT CARE FOOD PROGRAM. (a) Definition of Institution.--The second sentence of section 17(a) of the National School Lunch Act (42 U.S.C. 1766(a)) is amended by striking ``for which it receives'' and all that follows through ``whichever is less)'' and inserting ``if at least 25 percent of the children served by the organization meet the income eligibility criteria established under section 9(b) for free or reduced price meals''. (b) Additional Reimbursement for Family or Group Day Care Home Sponsoring Organizations.--Section 17(f)(2)(B) of such Act (42 U.S.C. 1766(f)(2)(B)) is amended by striking ``in the case of an institution (but not in the case of a family or group day care home sponsoring organization),''. (c) Enhanced Administrative Reimbursement Rate for Family or Group Day Care Home Sponsoring Organizations Serving Rural or Low-Income Area Providers.--Section 17(f)(3)(B) of such Act (42 U.S.C. 1766(f)(3)(B)) is amended by inserting after the second sentence the following new sentences: ``The Secretary shall set enhanced reimbursement levels for the administrative expenses of sponsors serving providers in rural areas or areas in which poor economic conditions exist. Such levels shall be $10 higher than the standard reimbursement for administrative expenses described in the first sentence of this subparagraph. Such enhanced reimbursement levels shall be adjusted July 1 of each year to reflect changes in the Consumer Price Index for all items for the most recent 12-month period for which such data are available.''. (d) Expansion Funds.--Section 17(f)(3)(C) of such Act (42 U.S.C. 1766(f)(3)(C)) is amended-- (1) in the last sentence, by striking ``two months'' and inserting ``6 months''; and (2) by adding at the end the following new sentences: ``Expansion funds may be used to conduct outreach to unlicensed day care homes to enable the day care homes to become licensed and to participate in the program established under this section. A sponsoring organization may receive expansion funds for no more than 50 day care homes.''. (e) Extension.--Section 17(p)(5) of such Act (42 U.S.C. 1766(p)(5)) is amended by striking ``1994'' and inserting ``1998''. (f) Medicaid and WIC Information.--Section 17 of such Act (42 U.S.C. 1766) is amended by adding at the end the following new subsection: ``(q)(1)(A) The Secretary shall provide materials concerning the medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (referred to in this subsection as the `medicaid program') to State agencies for use in carrying out the program established under this section. ``(B) The materials shall inform State agencies about the availability and importance of-- ``(i) the medicaid program to children from low-income families, including a basic explanation of program benefits and national income standards; and ``(ii) the medicaid program components established for low- income elderly and disabled persons under subparagraphs (A)(ii)(X) and (E) of section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)), including a basic explanation of program benefits and national income standards. ``(C) The Secretary-- ``(i) may request that the Secretary of Health and Human Services assist in the preparation of the materials; and ``(ii) shall submit the materials to the Secretary of Health and Human Services for comment prior to submitting the materials to State agencies. ``(2) The Secretary shall also provide State agencies with basic information concerning the importance and benefits of the special nutrition program for women, infants, and children authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). ``(3) The State agency shall-- ``(A) provide each child care institution participating in the program established under this section, other than institutions providing day care outside school hours for schoolchildren, with materials that include-- ``(i) a basic explanation of the benefits and importance of-- ``(I) health care coverage provided to young low-income children under the medicaid program; and ``(II) the special nutrition program for women, infants, and children; ``(ii) the maximum income limits, according to family size, applicable to children up to age 5 in the State under the medicaid program and under the special nutrition program for women, infants, and children; and ``(iii) a listing of the addresses and phone numbers of offices at which parents may apply; ``(B) provide each adult day care center participating in the program established under this section with materials that include-- ``(i) a basic explanation of benefits provided under subparagraphs (A)(ii)(X) and (E) of section 1902(a)(10) of the Social Security Act; ``(ii) information on the income limits for the benefits by household size; and ``(iii) a listing of addresses and phone numbers of offices at which low-income elderly and disabled persons may apply for the benefits; ``(C) annually provide the institutions with an update of the information on income limits described in subparagraphs (A)(ii) and (B)(ii); ``(D) ensure that, at least once a year, the institutions to which subparagraph (A) applies provide written information to parents that includes-- ``(i) basic information on the benefits provided under the medicaid program and the special nutrition program for women, infants, and children; ``(ii) information on the maximum income limits, according to family size, applicable to each program; and ``(iii) information on where parents may apply to participate in each program; and ``(E) ensure that, at least once a year, adult day care centers provide written information to program participants that provides-- ``(i) basic information on the benefits provided under subparagraphs (A)(ii)(X) and (E) of section 1902(a)(10) of the Social Security Act; ``(ii) information on the income limits, by household size, applicable to the benefits; and ``(iii) information on where low-income and disabled persons may apply for the benefits.''. SEC. 3. EXPANDED ELIGIBILITY FOR MEAL SUPPLEMENTS FOR AFTERSCHOOL CARE PROGRAM. (a) In General.--Section 17A of the National School Lunch Act (42 U.S.C. 1766a) is amended-- (1) in subsection (a)(1), by inserting ``and youths'' after ``children''; and (2) in subsection (b), by striking ``served to children'' and all that follows and inserting ``served to children and youths who have not attained the age of 18, including children of migrant workers or children with handicaps.''. (b) Conforming Amendment.--The section heading of section 17A of such Act (42 U.S.C. 1766a) is amended by inserting ``and youths'' after ``children''. SEC. 4. DEMONSTRATION PROJECTS TO IMPROVE FOOD SERVICE FOR HOMELESS CHILDREN. Section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c)) is amended-- (1) in paragraph (6)-- (A) by inserting ``(A)'' after ``(6)''; and (B) by adding at the end the following new subparagraph: ``(B) The Secretary shall submit a report to the appropriate committees of Congress that includes-- ``(i) an explanation of the actions the Secretary has taken to carry out paragraph (7); ``(ii) an estimate, if practicable, of the number of children living in homeless shelters who are not served by the program established under this subsection; and ``(iii) a detailed plan for expanding the program so that more eligible children may participate in the program.''; and (2) by adding at the end the following new paragraph: ``(8)(A) Out of the funds provided to carry out this subsection, the Secretary shall use funds, for each of fiscal years 1995 through 1998, to carry out programs operated by shelters, halfway houses, and hospitals described in subparagraph (B) that the Secretary has approved for participation, for the purpose of providing nutrition counseling, nutrition assessments, and referrals to individuals participating in-- ``(i) the program established under this subsection; ``(ii) the special nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); ``(iii) the medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (also known as the `medicaid program'); and ``(iv) similar programs for homeless pregnant women, pregnant women at risk of becoming homeless, homeless mothers with newborn infants, or the guardians of boarder babies or other abandoned infants. ``(B) Programs administered by halfway houses, homeless shelters, hospitals, or transitional housing organizations under subparagraph (A), if approved by the Secretary, may receive funding under this paragraph for purposes specified in regulations of the Secretary. ``(C) The Secretary shall impose such auditing and recordkeeping requirements as are necessary to monitor the use of Federal funds to carry out this paragraph. ``(D) The Secretary shall periodically report to the appropriate committees of Congress on the referral and nutrition counseling and assessment programs carried out under this paragraph.''. SEC. 5. NUTRITION EDUCATION AND TRAINING ASSISTANCE FOR FAMILY DAY CARE HOME SPONSORS AND DAY CARE CENTER STAFF. Section 19(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1788(f)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following new paragraph: ``(3)(A) Subject to subparagraph (B), any State that receives a grant authorized by this section in an amount that exceeds the amount under a grant received by such State for the preceding fiscal year under this section shall use 20 percent of the excess amount to provide nutrition education and training in accordance with this section to institutions (including family or group day care home sponsoring organizations) under section 17 of the National School Lunch Act (42 U.S.C. 1766) for the purpose of improving the delivery of services under the child and adult care food program under such section. ``(B) The requirements contained in subparagraph (A) shall apply to States only with respect to fiscal years for which more than $10,000,000 is appropriated pursuant to subsection (i) to carry out this section.''. SEC. 6. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act take effect on the date of enactment of this Act. (b) Special Effective Dates.--The amendments made by-- (1) sections 1, 2(a), and 2(d), take effect on July 1, 1995; and (2) section 2(e) take effect on October 1, 1995.", "summary": "Amends the National School Lunch Act (NSLA) to make Head Start participants automatically eligible for free meals under the NSLA school lunch program and the school breakfast program of the Child Nutrition Act of 1966 (CNA). Revises the child and adult care food program under NSLA. Broadens the definition of eligible institution. Provides for additional reimbursement for family or group day care home sponsoring organizations and an enhanced administrative reimbursement rate for such organizations serving rural or low-income area providers. Increases the allowable amount of startup and expansion funds. Allows expansion funds to be used for outreach to unlicensed day care homes. Extends the authorization of appropriations for such program. Adds provisions relating to information about Medicaid and the special nutrition program for women, infants, and children (WIC). Expands eligibility for meal supplements for the afterschool care program to youths up to age 18. Requires the Secretary of Agriculture to report on demonstration projects to improve food service for homeless children. Directs the Secretary to use certain funds for nutrition counseling, assessments, and referrals for participants in such homeless demonstration program, WIC, Medicaid, and similar programs for homeless pregnant women or those at risk of becoming so, homeless mothers with newborn infants, or the guardians of boarder babies or other abandoned infants. Requires periodic reports. Amends the Child Nutrition Act of 1966 (CNA) to require States to use a portion of certain increased grant funds for nutrition education and training assistance for family day care home sponsors and day care center staff."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007''. SEC. 2. SPECIAL PENALTIES FOR MURDER OR KIDNAPPING OF A FEDERAL LAW ENFORCEMENT OFFICER OR FEDERAL JUDGE. (a) Murder.--Section 1114 of title 18, United States Code, is amended-- (1) by inserting ``(a)'' before ``Whoever''; and (2) by adding at the end the following: ``(b) If the victim of an offense punishable under this section or section 1117 is a Federal law enforcement officer or a United States judge (as those terms are defined in section 115), the offender shall be punished by a fine under this title and-- ``(1) in the case of murder in the first degree, or an attempt or conspiracy to commit murder in the first degree, death or imprisonment for life; ``(2) in the case of murder in the second degree, or an attempt or conspiracy to commit murder in the second degree, imprisonment for any term of years not less than 25 or for life; and ``(3) in the case of voluntary manslaughter, imprisonment for any term of years not less than 10 or for life.''. (b) Kidnapping.--Section 1201(a) of title 18, United States Code, is amended-- (1) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and (2) by inserting after subsection (e) the following: ``(f) If the victim of an offense punishable under subsection (a), (c), or (d) is a Federal law enforcement officer or a United States judge (as those terms are defined in section 115), the offender shall be punished by a fine under this title and imprisonment for any term of years not less than 20 or for life, or, if death results, may be sentenced to death.''. SEC. 3. SPECIAL PENALTIES FOR ASSAULTING A FEDERAL LAW ENFORCEMENT OFFICER OR FEDERAL JUDGE. (a) In General.--Section 111 of title 18, United States Code, is amended to read as follows: ``Sec. 111. Assaulting or interfering with certain officers or employees ``(a) Officers and Employees.-- ``(1) In general.--It shall be unlawful to-- ``(A) assault or interfere with an officer or employee described in section 1114, while such officer or employee is engaged in, or on account of the performance of, official duties; ``(B) assault or interfere with an individual who formerly served as an officer or employee described in section 1114 on account of the performance of official duties; or ``(C) assault or interfere with an individual on account of that individual's current or former status as an officer or employee described in section 1114. ``(2) Penalty.--Any person who violates paragraph (1), shall be-- ``(A) fined under this title; ``(B)(i) in the case of an interference or a simple assault, imprisoned for not more than 1 year; ``(ii) in the case of an assault involving actual physical contact or the intent to commit any other felony, imprisoned for not more than 10 years; ``(iii) in the case of an assault resulting in bodily injury, imprisoned for not more than 20 years; or ``(iv) in the case of an assault resulting in substantial bodily injury (as that term is defined in section 113), or if a dangerous weapon was used or possessed during and in relation to the offense (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component), imprisoned for not more than 30 years; or ``(C) fined under subparagraph (A) and imprisoned under subparagraph (B). ``(b) Law Enforcement Officers and Judges.-- ``(1) In general.--If the victim of an assault punishable under this section is a Federal law enforcement officer or a United States judge (as those terms are defined in section 115)-- ``(A) and if the assault resulted in substantial bodily injury (as that term is defined in section 113), the offender shall be punished by a fine under this title and imprisonment for not less 5 years nor more than 30 years; and ``(B) and if the assault resulted in serious bodily injury (as that term is defined in section 2119(2)), or a dangerous weapon was used or possessed during and in relation to the offense, the offender shall be punished by a fine under this title and imprisonment for any term of years not less than 10 or for life. ``(2) Imposition of punishment.--Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment for other criminal conduct during the same criminal episode.''. (b) Technical and Conforming Amendment.--The table of sections at the beginning of chapter 7 of title 18, United States Code, is amended by striking the item relating to section 111 and inserting the following: ``111. Assaulting or interfering with certain officers or employees.''. SEC. 4. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL LAW ENFORCEMENT OFFICER OR FEDERAL JUDGE BY MURDERING OR ASSAULTING A FAMILY MEMBER. (a) In General.--Section 115 of title 18, United States Code, is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c)(1) If an offense punishable under this section is committed with the intent to impede, intimidate, or interfere with a Federal law enforcement officer or a United States judge while that officer or judge is engaged in the performance of official duties, with the intent to retaliate against that officer or judge or a person who formerly served as such an officer or judge on account of the performance of official duties, or with the intent to retaliate against an individual on account of that individual's current or former status as such an officer or judge, the offender shall be punished-- ``(A) in the case of murder, attempted murder, conspiracy to murder, or manslaughter, as provided in section 1114(b); ``(B) in the case of kidnapping, attempted kidnapping, or conspiracy to kidnap, as provided in section 1201(f); ``(C) in the case of an assault resulting in bodily injury or involving the use or possession of a dangerous weapon during and in relation to the offense, as provided for a comparable offense against a Federal law enforcement officer or United States judge under section 111; and ``(D) in the case of any other assault or threat, by a fine under this title and imprisonment for not more than 10 years. ``(2) Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment for other criminal conduct during the same criminal episode.''. (b) Technical and Conforming Amendment.--Section 2237(e)(1) of title 18, United States Code, is amended by striking ``in section 115(c)'' and inserting ``in section 115''. SEC. 5. AUTHORIZATION FOR FEDERAL JUDGES AND FEDERAL PROSECUTORS TO CARRY FIREARMS. (a) Authority.-- (1) In general.--Chapter 203 of title 18, United States Code, is amended by inserting after section 3053 the following: ``Sec. 3054. Authority of Federal judges and prosecutors to carry firearms ``(a) In General.--Any justice of the United States or judge of the United States (as those terms are defined in section 451 of title 28), any judge of a court created under article I of the United States Constitution, any bankruptcy judge, any magistrate judge, any United States attorney, and any other officer or employee of the Department of Justice whose duties include representing the United States in a court of law, may carry a firearm. ``(b) Regulations.--Not later than 180 days after the date of enactment of the Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007, the Attorney General shall promulgate regulations to carry out this section. Such regulations may provide for training and regular certification in the use of firearms and shall, with respect to justices, judges, bankruptcy judges, and magistrate judges, be promulgated after consultation with the Judicial Conference of the United States.''. (2) Effective date.--Section 3054(a) of title 18, United States Code, as added by paragraph (1), shall take effect 90 days after the date on which the Attorney General promulgates regulations under section 3054(b) of title 18, United States Code, as added by paragraph (1). (3) Technical and conforming amendment.--The table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by inserting after item relating to section 3053 the following: ``3054. Authority of Federal judges and prosecutors to carry firearms.''. (b) Amendments to Law Enforcement Officer Safety Provisions of Title 18.-- (1) In general.--Section 926B of title 18, United States Code, is amended by adding at the end the following: ``(f) For purposes of this section, a law enforcement officer of the Amtrak Police Department or a law enforcement or police officer of any department or agency of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest.''. (2) Retired law enforcement officers.--Section 926C of title 18, United States Code, is amended-- (A) in subsection (c)-- (i) in paragraph (3)(A), by striking ``was regularly employed as a law enforcement officer for an aggregate of 15 years or more'' and inserting ``served as a law enforcement officer for an aggregate of 10 years or more''; (ii) by striking paragraphs (4) and (5) and inserting the following: ``(4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers as set by the former agency of that officer, the State in which that officer resides, or a law enforcement agency within the State in which that officer resides;''; and (iii) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; (B) in subsection (d)-- (i) in paragraph (1), by striking ``to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm'' and inserting ``to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm''; and (ii) in paragraph (2)(B), by striking ``otherwise found by the State'' and all that follows and inserting ``otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met-- ``(i) the active duty standards for qualification in firearms training as established by the State to carry a firearm of the same type as the concealed firearm; or ``(ii) if the State has not established the standards described in clause (i), standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm.''; and (C) by adding at the end the following: ``(f) In this section, the term `service with a public agency as a law enforcement officer' includes service as a law enforcement officer of the Amtrak Police Department or as a law enforcement or police officer of any department or agency of the Federal Government.''. SEC. 6. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF A FELONY OR CRIME OF VIOLENCE. (a) In General.--Section 1979 of the Revised States (42 U.S.C. 1983) is amended by-- (1) striking ``except that in any action'' and all that follows through ``relief was unavailable.'' and inserting the following: ``except that-- ``(1) in any action brought against a judicial officer for an act or omission taken in the judicial capacity of that officer, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable; and ``(2) in any action seeking redress for a deprivation that was incurred in the course of, or as a result of, or is related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence (as that term is defined in section 16 of title 18, United States Code) (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense), a court shall not have jurisdiction to consider a claim for damages other than for necessary out-of-pocket expenditures and other monetary loss.''; and (2) indenting the last sentence as an undesignated paragraph. (b) Attorney's Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by striking ``except that in any action'' and all that follows and inserting the following: ``except that-- ``(1) in any action brought against a judicial officer for an act or omission taken in the judicial capacity of that officer, such officer shall not be held liable for any costs, including attorneys fees, unless such action was clearly in excess of the jurisdiction of that officer; and ``(2) in any action seeking redress for a deprivation that was incurred in the course of, or as a result of, or is related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence (as that term is defined in section 16 of title 18, United States Code) (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense), the court may not allow such party to recover attorney's fees.''. SEC. 7. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A LAW ENFORCEMENT OFFICER OR JUDGE. (a) In General.--Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(j)(1) For an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a public safety officer (as that term is defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b)) or judge, while the public safety officer or judge was engaged in the performance of official duties, or on account of the public safety officer's or judge's performance of official duties or status as a public safety officer or judge-- ``(A) the application shall be subject to the time limitations and other requirements under sections 2263, 2264, and 2266; and ``(B) the court shall not consider claims relating to sentencing that were adjudicated in a State court. ``(2) Sections 2251, 2262, and 2101 are the exclusive sources of authority for Federal courts to stay a sentence of death entered by a State court in a case described in paragraph (1).''. (b) Rules.--Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts is amended by adding at the end the following: ``Rule 60(b)(6) of the Federal Rules of Civil Procedure shall not apply to a proceeding under these rules in a case that is described in section 2254(j) of title 28, United States Code.''. (c) Finality of Determination.--Section 2244(b)(3)(E) of title 28, United States Code, is amended by striking ``the subject of a petition'' and all that follows and inserting: ``reheard in the court of appeals or reviewed by writ of certiorari.''. (d) Effective Date and Applicability.-- (1) In general.--This section and the amendments made by this section shall apply to any case pending on or after the date of enactment of this Act. (2) Time limits.--In a case pending on the date of enactment of this Act, if the amendments made by this section impose a time limit for taking certain action, the period of which began before the date of enactment of this Act, the period of such time limit shall begin on the date of enactment of this Act. (3) Exception.--The amendments made by this section shall not bar consideration under section 2266(b)(3)(B) of title 28, United States Code, of an amendment to an application for a writ of habeas corpus that is pending on the date of enactment of this Act, if the amendment to the petition was adjudicated by the court prior to the date of enactment of this Act.", "summary": "Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007 - Amends the federal criminal code to: (1) impose mandatory minimum prison terms for homicide, manslaughter, and kidnapping of federal judges and law enforcement officers; (2) expand the penalties for assaulting or interfering with federal officers and employees and for assaults against federal law enforcement officers and judges; (3) impose mandatory minimum prison terms for retaliating against a federal judge or law enforcement officer on account of the performance of official duties by murdering, kidnapping, assaulting, or threatening a family member of such judge or officer; and (4) authorize federal judges, U.S. attorneys, and Justice Department employees to carry firearms. Places limits on the award of civil damages and attorney's fees against judicial officers for injuries incurred by an individual during the commission of a felony or crime of violence. Amends the federal judicial code to place limits on habeas corpus petitions for review of a state court conviction for murder of a public safety officer or judge engaged in the performance of official duties."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Over-Classification Reduction Act''. SEC. 2. PURPOSE. The purpose of this Act is to increase Governmentwide information sharing and the availability of information to the public by applying standards and practices to reduce improper classification. SEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE FEDERAL GOVERNMENT. (a) Archivist Responsibilities.-- (1) Regulations.--The Archivist of the United States, in consultation with the heads of affected Federal agencies, shall promulgate regulations to prevent the over-classification of information. (2) Requirements.--The regulations under this subsection shall-- (A) identify specific requirements to prevent the over-classification of information, including for determining-- (i) when classified products should be prepared in a similar format governmentwide; and (ii) when classified products should also be prepared in an unclassified format; taking into consideration whether an unclassified product would reasonably be expected to be of any benefit to a State, local, tribal or territorial government, law enforcement agency, or other emergency response provider, the private sector, or the public; (B) ensure that compliance with this Act protects national security and privacy rights; and (C) establish requirements for Federal agencies to implement, subject to chapter 71 of title 5, United States Code, including the following: (i) The process whereby an individual may challenge without retribution classification decisions by another individual and be rewarded with specific incentives for successful challenges resulting in-- (I) the removal of improper classification markings; or (II) the correct application of appropriate classification markings. (ii) A method for informing individuals that repeated failure to comply with the regulations promulgated under this section could subject them to a series of penalties. (iii) Penalties for individuals who repeatedly fail to comply with the regulations promulgated under this section after having received both notice of their noncompliance and appropriate training or re-training to address such noncompliance. (3) Consultation.--The regulations shall be promulgated in consultation, as appropriate, with representatives of State, local, tribal, and territorial governments; law enforcement entities; organizations with expertise in civil rights, employee and labor rights, civil liberties, and government oversight; and the private sector. (4) Deadline.--The regulations under this subsection shall be promulgated in final form not later than one year after the date of the enactment of this Act. (b) Inspector General Responsibilities.--Consistent with the Inspector General Act of 1978 (5 U.S.C. App.) and section 17 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q), the Inspector General of each affected Federal agency, in consultation with the Archivist, shall randomly audit classified information from each component of the agency with employees that have classification authority. In conducting any such audit, the Inspector General shall-- (1) assess whether applicable classification policies, procedures, rules, and regulations have been followed; (2) describe any problems with the administration of the applicable classification policies, procedures, rules, and regulations, including specific non-compliance issues; (3) recommend improvements in awareness and training to address any problems identified under paragraph (2); and (4) report to Congress, the Archivist, and the public, in an appropriate format, on the findings of the Inspector General's audits under this section. SEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION WITHIN THE FEDERAL GOVERNMENT. (a) Personal Identifiers.-- (1) In general.--For purposes described in paragraph (2), the Archivist of the United States shall require that, at the time of classification of information, the following shall appear on the information: (A) The name, personal identifier, or unique agency identifier of the individual applying classification markings to the information. (B) The agency, office, and position of the individual. (2) Purposes.--The purposes described in this paragraph are as follows: (A) To enable the agency to identify and address over-classification problems, including the classification of information that should not be classified. (B) To assess the information sharing impact of any such problems. (b) Training.--When implementing the security education and training program pursuant to Executive Order 12958, Executive Order 12829, and successor appropriate Executive Orders, the Archivist, subject to chapter 71 of title 5, United States Code, shall, in consultation with heads of affected Federal agencies-- (1) integrate training to educate about-- (A) the prevention of over-classification of information; (B) the proper use of classification markings, including portion markings; (C) the consequences of over-classification and other repeated improper uses of classification markings, including the misapplication of classification markings to information that does not merit such markings, and of failing to comply with the policies and procedures established under or pursuant to this section, including the negative consequences for the individual's personnel evaluation, information sharing, and the overall success of the agency's missions; and (D) information relating to lessons learned from implementation of the regulations including affected Federal agency internal audits and Inspector General audits, as provided under this Act; and (2) ensure that such program is conducted efficiently, in conjunction with any other security, intelligence, or other training programs required by the agency to reduce the costs and administrative burdens associated with the additional training required by this section. (c) Detailee Program.-- (1) Requirement for program.--The Archivist, subject to chapter 71 of title 5, United States Code, in consultation with heads of affected Federal agencies, shall implement a detailee program to detail Federal agency personnel, on a nonreimbursable basis, to the National Archives and Records Administration for the purpose of-- (A) training and educational benefit for the agency personnel assigned so that they may better understand the policies, procedures and laws governing classification authorities; (B) bolstering the ability of the National Archives and Records Administration to conduct its oversight authorities over agencies; and (C) ensuring that the policies and procedures established by the agencies remain consistent with those established by the Archivist of the United States. (2) Sunset of detailee program.--Except as otherwise provided by law, this subsection shall cease to have effect on December 31, 2012. SEC. 5. DEFINITIONS. In this Act: (1) Information.--The term ``information'' means any communicable knowledge or documentary material, regardless of its physical form or characteristics, that is owned by, is produced by or for, or is under the control of the Federal Government. (2) Federal Agency.--The term ``Federal agency'' means-- (A) any Executive agency, as that term is defined in section 105 of title 5, United States Code; (B) any military department, as that term is defined in section 102 of such title; and (C) any other entity within the executive branch that comes into the possession of classified information. (3) Affected Federal Agency.--The term ``affected Federal agency'' means any Federal agency that employs an individual with original or derivative classification authority. Passed the House of Representatives September 9, 2008. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Over-Classification Reduction Act - Requires the Archivist of the United States to promulgate regulations to prevent the over-classification of information. Requires the Inspector General of each federal agency that employs an individual with original or derivative classification authority to randomly audit classified information from each agency component with employees that have classification authority. Directs the Archivist: (1) to require, at the time of classification of information, personal identifiers or unique agency identifiers of the individual applying classification markings, including the individual's agency, office, and position, to appear on the information; (2) when implementing the security education and training program pursuant to specified executive orders, to integrate training about the prevention of over-classification of information, the proper use of classification markings, the consequences of over-classification, and the lessons learned from implementation of the regulations; and (3) to implement a detailee program to detail federal agency personnel, on a nonreimbursable basis, to the National Archives and Records Administration (NARA) for training."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Antitrust Anti-Retaliation Act''. SEC. 2. AMENDMENT TO ACPERA. The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended by adding after section 215 the following: ``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS. ``(a) Whistleblower Protections for Employees, Contractors, Subcontractors, and Agents.-- ``(1) In general.--No person, or any officer, employee, contractor, subcontractor or agent of such person, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a whistleblower in the terms and conditions of employment because-- ``(A) the whistleblower provided or caused to be provided to the person or the Federal Government information relating to-- ``(i) any violation of, or any act or omission the whistleblower reasonably believes to be a violation of the antitrust laws; or ``(ii) any violation of, or any act or omission the whistleblower reasonably believes to be a violation of another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws; or ``(B) the whistleblower filed, caused to be filed, testified, participated in, or otherwise assisted an investigation or a proceeding filed or about to be filed (with any knowledge of the employer) relating to-- ``(i) any violation of, or any act or omission the whistleblower reasonably believes to be a violation of the antitrust laws; or ``(ii) any violation of, or any act or omission the whistleblower reasonably believes to be a violation of another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws. ``(2) Limitation on protections.--Paragraph (1) shall not apply to any whistleblower if-- ``(A) the whistleblower planned and initiated a violation or attempted violation of the antitrust laws; ``(B) the whistleblower planned and initiated a violation or attempted violation of another criminal law in conjunction with a violation or attempted violation of the antitrust laws; or ``(C) the whistleblower planned and initiated an obstruction or attempted obstruction of an investigation by the Department of Justice of a violation of the antitrust laws. ``(3) Definitions.--In the section: ``(A) Person.--The term `person' has the same meaning as in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)). ``(B) Antitrust laws.--The term `antitrust laws' means section 1 or 3 of the Sherman Act (15 U.S.C. 1, 3) or similar State law. ``(C) Whistleblower.--The term `whistleblower' means an employee, contractor, subcontractor, or agent protected from discrimination under paragraph (1). ``(b) Enforcement Action.-- ``(1) In general.--A whistleblower who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c) by-- ``(A) filing a complaint with the Secretary of Labor; or ``(B) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(2) Procedure.-- ``(A) In general.--A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. ``(B) Exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the employer. ``(C) Burdens of proof.--A complaint filed with the Secretary of Labor under paragraph (1) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. ``(D) Statute of limitations.--A complaint under paragraph (1)(A) shall be filed with the Secretary of Labor not later than 180 days after the date on which the violation occurs. ``(E) Civil actions to enforce.--If a person fails to comply with an order or preliminary order issued by the Secretary of Labor pursuant to the procedures in section 42121(b), the Secretary of Labor or the person on whose behalf the order was issued may bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred. ``(c) Remedies.-- ``(1) In general.--A whistleblower prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the whistleblower whole. ``(2) Compensatory damages.--Relief for any action under paragraph (1) shall include-- ``(A) reinstatement with the same seniority status that the whistleblower would have had, but for the discrimination; ``(B) the amount of back pay, with interest; and ``(C) compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney's fees. ``(d) Rights Retained by Whistleblowers.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any whistleblower under any Federal or State law, or under any collective bargaining agreement.''.", "summary": "Criminal Antitrust Anti-Retaliation Act - Prohibits discharging or in any other manner discriminating against a whistleblower in terms and conditions of employment because: (1) the whistleblower provided information to the employer or the federal government concerning a violation of antitrust law or another criminal law committed in conjunction with a potential violation of antitrust law; or (2) the whistleblower participated in, or otherwise assisted, an investigation relating to such a violation. Allows a whistleblower who alleges discharge or other discrimination to seek relief: (1) by filing a complaint with the Secretary of Labor; or (2) if the Secretary has not issued a final decision within 180 days of filing such complaint, to bring an action at law or equity. Entitles a whistleblower who prevails in any such action to all relief necessary to make such whistleblower whole."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Oversight Workforce Improvement Act of 2014''. SEC. 2. INVESTIGATIONS, AUDITS, INSPECTIONS, EVALUATIONS, AND REVIEWS CONDUCTED BY INSPECTORS GENERAL. Section 3518(c) of title 44, United States Code, is amended-- (1) in paragraph (1), in the matter preceding subparagraph (A), by striking ``paragraph (2)'' and inserting ``paragraph (3)''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) Notwithstanding paragraph (3), this subchapter shall not apply to the collection of information during the conduct of any evaluation, or other review conducted by the Federal Accountability and Spending Transparency Board, or during the conduct of any audit, investigation, inspection, evaluation, or any other review conducted by the Council of the Inspectors General on Integrity and Efficiency or any Office of Inspector General, including any Office of Special Inspector General.''. SEC. 3. EXEMPTION FROM DISCLOSURE UNDER FOIA. (a) Definition.--In this section, the term ``agency'' shall have the meaning given the term in section 551 of title 5, United States Code. (b) Exemption.--Information relating to the information security program or practices of an agency shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code, if disclosure could reasonably be expected to lead to or result in unauthorized access, use, disclosure, disruption, modification, or destruction of such information system or the information such information system controls, processes, stores, or transmits. (c) Non-Exempt Information.--Each agency that withholds information subject to the exemption in subsection (b) shall act in accordance with the obligation of the Federal agency to reasonably segregate and disclose non-exempt information under section 552(b) of title 5, United States Code. SEC. 4. AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978 AND THE INSPECTOR GENERAL REFORM ACT OF 2008. (a) Incorporation of Provisions From the Inspector General Reform Act of 2008 Into the Inspector General Act of 1978.-- (1) Classification and pay.-- (A) Amendment.--Section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(i) Notwithstanding any other provision of law, the Inspector General of each designated Federal entity shall, for pay and all other purposes be classified at a grade, level or rank designation, as the case may be, at or above those of a majority of the senior level executives of the designated Federal entity (such as General Counsel, Chief Information Officer, Chief Financial Officer, Chief Human Capital Officer, or Chief Acquisition Officer). The pay of an Inspector General of a designated Federal entity shall not be less than the average total compensation (including bonuses) of the senior level executives of the designated Federal entity calculated on an annual basis.''. (B) Conforming repeal.--Section 4(b) of the Inspector General Reform Act of 2008 (Public Law 110- 409; 5 U.S.C. App. note) is repealed. (2) Pay retention.-- (A) Amendment.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding after section 8M the following: ``SEC. 8N. PAY RETENTION. ``(a) In General.--The provisions of section 3392 of title 5, United States Code, other than the term `performance awards' and `awarding of ranks' in subsection (c)(1) of such section, shall apply to career appointees of the Senior Executive Service who are appointed to the position of Inspector General. ``(b) Nonreduction in Pay.--Notwithstanding any other provision of law, career Federal employees serving on an appointment made pursuant to statutory authority found other than in section 3392 of title 5, United States Code, shall not suffer a reduction in pay, not including any bonus or performance award, as a result of being appointed to the position of Inspector General.''. (B) Conforming repeal.--Section 4(c) of the Inspector General Reform Act of 2008 (Public Law 110- 409; 5 U.S.C. App. note) is repealed. (3) Allegations of wrongdoing against special counsel or deputy special counsel.-- (A) Amendments.--Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (i) in paragraph (2)-- (I) in subparagraph (C), by inserting ``or their designee'' before the period; and (II) in subparagraph (D), by inserting ``or their designee'' before the period; and (ii) by adding at the end the following: ``(12) Allegations of wrongdoing against special counsel or deputy special counsel.-- ``(A) Special counsel defined.--In this paragraph, the term `Special Counsel' means the Special Counsel appointed under section 1211(b) of title 5, United States Code. ``(B) Authority of integrity committee.-- ``(i) In general.--An allegation of wrongdoing against the Special Counsel or Deputy Special Counsel may be received, reviewed and referred for investigation by the Integrity Committee to the same extent and in the same manner as in the case of an allegation against an Inspector General (or a member of the staff of an Office of Inspector General), subject to the requirement that the Special Counsel recuse himself or herself from the consideration of any allegation brought under this paragraph. ``(ii) Coordination with existing provision of law.--This paragraph does not eliminate access to the Merit Systems Protection Board for review under section 7701 of title 5, United States Code. To the extent that an allegation brought under this subsection involves section 2302(b)(8) of that title, a failure to obtain corrective action within 120 days after the date on which the allegation is received by the Integrity Committee shall, for purposes of section 1221 of such title, be considered to satisfy section 1214(a)(3)(B) of such title. ``(C) Regulations.--The Integrity Committee may prescribe any rules or regulations necessary to carry out this paragraph, subject to such consultation or other requirements as might otherwise apply.''. (B) Conforming repeal.--Section 7(b) of the Inspector General Reform Act of 2008 (Public Law 110- 409; 5 U.S.C. 1211 note) is repealed. (b) Agency Applicability.-- (1) Amendments.--The Inspector General Act of 1978 (5 U.S.C. App.) is further amended-- (A) in section 8M-- (i) in subsection (a)(1)-- (I) by striking ``Each agency'' and inserting `` Each Federal agency and designated Federal entity''; and (II) by striking ``that agency'' and inserting ``the Federal agency or designated Federal entity'' each place it appears; and (ii) in subsection (b)-- (I) in paragraph (1), in the matter preceding subparagraph (A), by striking ``agency'' and inserting ``Federal agency and designated Federal entity''; and (II) in paragraph (2)-- (aa) in subparagraph (A), by striking ``agency'' and inserting ``Federal agency and designated Federal entity''; and (bb) in subparagraph (B), by striking ``agency'' and inserting ``Federal agency and designated Federal entity''; and (B) in section 11(c)(3)(A)(ii), by striking ``department, agency, or entity of the executive branch which'' and inserting ``Federal agency or designated Federal entity that''. (2) Implementation.--Not later than 180 days after the date of enactment of this Act, the head and the Inspector General of each Federal agency (as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)) and each designated Federal entity (as defined in section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)) shall implement the amendments made by this subsection. (c) Corrections.-- (1) Executive order number.--Section 7(c)(2) of the Inspector General Reform Act of 2008 (Public Law 110-409; 31 U.S.C. 501 note) is amended by striking ``12933'' and inserting ``12993''. (2) Punctuation and cross-references.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) in section 4(b)(2)-- (i) by striking ``8F(a)(2)'' and inserting ``8G(a)(2)'' each place it appears; and (ii) by striking ``8F(a)(1)'' and inserting ``8G(a)(1)''; (B) in section 6(a)(4), by striking ``information, as well as any tangible thing)'' and inserting ``information), as well as any tangible thing''; and (C) in section 8G(g)(3), by striking ``8C'' and inserting ``8D''. (3) Spelling.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) in section 3(a), by striking ``subpena'' and inserting ``subpoena''; (B) in section 6(a)(4)-- (i) by striking ``subpena'' and inserting ``subpoena''; and (ii) by striking ``subpenas'' and inserting ``subpoenas''; (C) in section 8D(a)-- (i) in paragraph (1), by striking ``subpenas'' and inserting ``subpoenas''; and (ii) in paragraph (2), by striking ``subpena'' and inserting ``subpoena'', each place it appears; (D) in section 8E(a)-- (i) in paragraph (1), by striking ``subpenas'' and inserting ``subpoenas''; and (ii) in paragraph (2), by striking ``subpena'' and inserting ``subpoena'' each place it appears; and (E) in section 8G(d), by striking ``subpena'' and inserting ``subpoena''. (d) Repeal.--Section 744 of the Financial Services and General Government Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 693) is repealed. SEC. 5. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY. Section 11(b)(1)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows: ``(B) The Inspectors General of the Intelligence Community and the Central Intelligence Agency.''.", "summary": "Oversight Workforce Improvement Act of 2014 - Exempts from requirements relating to the authority of federal agencies to collect information for investigations: (1) information collected during any evaluation by the Federal Accountability and Spending Transparency Board; and (2) information collected during any audit, investigation, evaluation, or other review conducted by the Council of the Inspectors General on Integrity and Efficiency or any Office of the Inspector General, including any office of Special Inspector General. Exempts from document disclosure requirements of the Freedom of Information Act (FOIA) information relating to the information security program or practices of a federal agency if disclosure could reasonably be expected to lead to, or result in, unauthorized access, use, disclosure, disruption, modification, or destruction of such information program or the information such program controls, processes, stores, or transmits. Amends the Inspector General Act of 1978 to: (1) establish classification and pay standards for the Inspectors General of each federal agency; (2) set forth procedures for considering allegations of wrongdoing against the Special Counsel and Deputy Special Counsel (officials appointed to investigate prohibited personal practices and government waste and abuse); and (3) include within the membership of the Council of the Inspectors General on Integrity and Efficiency the Inspectors General of the Intelligence Community and the Central Intelligence Agency (CIA) (currently, the Inspectors General of the Office of the Director of National Intelligence and the CIA)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive TB Elimination Act of 2014''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Each year approximately 9,000,000 people become ill with active tuberculosis (TB), an airborne infectious disease, and it is estimated that 1,500,000 of those people die, making TB the second leading global infectious disease killer. (2) There is a global underinvestment in quality TB control, and in the research and development of new drugs, diagnostics and a vaccine, as well as in the relationship between TB and HIV/AIDS. (3) The increasing occurrence of multi-drug resistant (``MDR'') TB, including extensively drug resistant (``XDR'') TB which is resistant to at least two of the recommended first- line drugs and the recommended second-line medications, is a serious and emerging global health problem. (4) Cases of TB are reported annually in every State within the United States, with a total of 9,582 cases of active TB reported in the United States in 2013. (5) In addition to those with active TB, an estimated 8,000,000 to 10,000,000 people in the United States are infected with the TB bacteria. (6) Drug-resistant TB poses a particular challenge to domestic TB control due to the high costs of treatment and intensive health care resources required. Treatment costs for MDR TB range from $100,000 to $300,000, which can cause a serious strain on State public health budgets. (7) In 2013, the United States experienced serious shortages of first- and second-line TB drugs and biologics, including isoniazid, the first-line TB drug, and tubersol, the biologic used in TB skin tests. (8) New tools are urgently needed to more effectively prevent, diagnose, and treat TB. Within the last 40 years, only one new TB drug has been developed and approved in the United States, and the treatment regimen for MDR TB remains excessively lengthy, toxic, and difficult for patients to tolerate. The existing vaccine, which is not used in the United States, confers no protection to adolescents and adults, protecting only against pulmonary TB in infants and children. (9) The expertise in identifying, treating, and preventing TB is within the Centers for Disease Control and Prevention and the United States public health system. The identification and preventive treatment of the millions of people in the United States with TB infection, representing the reservoir of future active TB cases, is a key component of the strategy to eliminate TB in the United States. SEC. 3. FOOD AND DRUG ADMINISTRATION. Clause (i) of section 506D(a)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356d(a)(1)(B)) is amended to read as follows: ``(i) plans for enhanced interagency and intra-agency coordination, communication, and decisionmaking, including by ensuring coordination between the task force established under this section and the Federal Tuberculosis Task Force under section 317E(g) of the Public Health Service Act in the development and implementation of strategies and systems to prevent and mitigate shortages of drugs used in connection with tuberculosis;''. SEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION; HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) Prioritizing Programs for High-Risk Populations, Including Foreign-Born, Homeless, and Uninsured Populations.--Subsection (a) of section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) Grants.--The Secretary''; and (2) by adding at the end the following: ``(2) Priority.--In making grants under this subsection, the Secretary shall give priority to awarding grants to State health departments proposing to focus on the prevention, control, and elimination of tuberculosis in high-risk populations, including foreign-born, homeless, and uninsured populations.''. (b) Grants for Coordination of Programs and Services for Prevention, Diagnosis, and Treatment.-- (1) Grants.--Section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is amended-- (A) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and (B) by inserting after subsection (b) the following: ``(c) Grants for Coordination of Programs and Services for Prevention, Diagnosis, and Treatment.-- ``(1) Grants.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may award grants to State and local governments and Federally qualified health centers for coordinating the programs and services of such governments and centers to ensure timely and appropriate prevention, diagnosis, and treatment of tuberculosis. ``(2) Definition.--In this subsection, the term `Federally qualified health center' has the meaning given to such term in section 1861(aa) of the Social Security Act.''. (2) Conforming changes.--Section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is amended-- (A) in subsections (d), (e)(1), (e)(3)(A), and (f)(1), as redesignated, by striking ``subsection (a) or (b)'' each place it appears and inserting ``subsection (a), (b), or (c)''; and (B) in subsection (e)(3)(A), as redesignated, by inserting ``(subject to subsection (a)(2))'' after ``highest priority''. (c) Federal Tuberculosis Task Force.--Paragraph (1) of section 317E(h) of the Public Health Service Act (42 U.S.C. 247b-6(g)), as redesignated, is amended to read as follows: ``(1) Duties.--The Federal Tuberculosis Task Force (in this subsection referred to as the `Task Force') shall provide to the Secretary and other appropriate Federal officials advice on-- ``(A) research into new tools under subsection (b)(2) and ensuring access to such new tools; and ``(B) the development and implementation of strategies and systems to prevent and mitigate shortages of drugs used in connection with tuberculosis.''. (d) Reauthorization of National Strategy for Combating and Eliminating Tuberculosis.--Section 317E(i)(1)(A) of the Public Health Service Act (42 U.S.C. 247b-6(h)(1)(A)) is amended by striking ``$243,101,250 for fiscal year 2013'' and inserting ``$243,101,250 for each of fiscal years 2013 through 2019''. SEC. 5. NATIONAL INSTITUTES OF HEALTH. Paragraph (1) of section 424C(b) of the Public Health Service Act (42 U.S.C. 285b-7c(b)) is amended to read as follows: ``(1) enhancing basic, clinical, and operational research on tuberculosis, including with respect to-- ``(A) drug resistant tuberculosis; ``(B) infection with, and the progression of, tuberculosis; and ``(C) pediatric tuberculosis;''.", "summary": "Comprehensive TB Elimination Act of 2014 - Amends the Federal Food, Drug, and Cosmetic Act to require the Drug Shortages Strategic Plan to include plans to ensure coordination between the Drug Shortages Task Force and the Federal Tuberculosis Task Force. Amends the Public Health Service Act to require the Department of Health and Human Services, when awarding grants for the prevention, control, and elimination of tuberculosis, to give priority to state health departments proposing to focus on high-risk populations, including foreign-born, homeless, and uninsured populations. Authorizes the Health Resources and Services Administration to award grants to state and local governments and federally qualified health centers to coordinate their programs and services to ensure timely and appropriate prevention, diagnosis, and treatment of tuberculosis. Requires the Federal Tuberculosis Task Force to advise federal officials on strategies and systems to prevent and mitigate shortages of tuberculosis drugs. Reauthorizes the national strategy for combating and eliminating tuberculosis through FY2019. Allows the National Institutes of Health to enhance research on pediatric tuberculosis and tuberculosis infection and progression."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Data Protection Act''. SEC. 2. DATA SECURITY. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B (15 U.S.C. 1681c-2) the following: ``SEC. 605C. DATA SECURITY AT CONSUMER REPORTING AGENCIES. ``(a) Definitions.--In this section-- ``(1) the term `affected individual' means an individual, the sensitive personal information of whom is lost, stolen, or accessed without authorization because of a data breach; ``(2) the term `appropriate committees of Congress' means-- ``(A) the Committee on the Judiciary of the Senate; ``(B) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(C) the Committee on the Judiciary of the House of Representatives; and ``(D) the Committee on Financial Services of the House of Representatives; ``(3) the term `covered action' means an action that restricts the legal rights available to a consumer, including-- ``(A) requiring the consumer to-- ``(i) waive the right of the consumer to-- ``(I) file a civil action in an appropriate court; or ``(II) bring, or participate in, a class action; or ``(ii) engage in settlement negotiations before bringing an action under subsection (c)(3); and ``(B) offering a financial inducement in exchange for the consumer waiving any right of the consumer; ``(4) the term `credit freeze'-- ``(A) except as provided in subparagraph (B), means a restriction placed on the consumer report of a consumer at the request of the consumer, or a personal representative of the consumer, that prohibits a consumer reporting agency from releasing the consumer report for any purpose; and ``(B) with respect to the consumer report of a consumer, shall not apply to the use of the consumer report by-- ``(i) a person, or a subsidiary, affiliate, agent, subcontractor, or assignee of the person, with which the consumer has, or before assignment had, an account, contract, or debtor-creditor relationship for the purposes of-- ``(I) reviewing the active account; or ``(II) collecting the financial obligation owed on the account, contract, or debt; ``(ii) any person acting under a court order, warrant, or subpoena; ``(iii) a Federal, State, or local government or an agent or assignee of a Federal, State, or local government; ``(iv) any person for the sole purpose of providing a credit monitoring or identity theft protection service to which the consumer has subscribed; ``(v) any person for the purpose of providing a consumer with a copy of the consumer report, credit score, or educational credit score of the consumer upon request by the consumer; ``(vi) any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting; and ``(vii) any person acting under an authorization from a consumer to use the consumer report of the consumer for employment purposes; ``(5) the term `data breach' means the loss, theft, or other unauthorized access, other than access that is incidental to the scope of employment, of data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data; and ``(6) the term `sensitive personal information' means, with respect to an individual, information-- ``(A) about the individual relating to the education, financial transactions, medical history, criminal history, or employment history of the individual; and ``(B) that can be used to distinguish or trace the identity of the individual, including the name, social security number, date and place of birth, mother's maiden name, and biometric records of the individual. ``(b) Data Breaches at Consumer Reporting Agencies.--With respect to a data breach at a consumer reporting agency, the consumer reporting agency-- ``(1) subject to paragraph (2), shall notify-- ``(A) not later than 2 days after the date on which the consumer reporting agency discovers the data breach-- ``(i) the Federal Trade Commission; ``(ii) the Bureau; and ``(iii) appropriate law enforcement and intelligence agencies, as identified by the Secretary of Homeland Security; and ``(B) not later than 3 days after the date on which the consumer reporting agency discovers the data breach, and as quickly and efficiently as is practicable, each affected individual with respect to the data breach; ``(2) may receive an extension of the 2-day deadline described in paragraph (1)(A) or the 3-day deadline described in paragraph (1)(B) if the Federal Trade Commission and the intelligence agencies identified under paragraph (1)(A)(iii) determine that there is a national security concern that requires granting such an extension; ``(3) shall, upon request by any affected individual with respect to the data breach, provide, without charge to the affected individual and during the lifetime of the affected individual-- ``(A) a credit freeze, including the cost relating to imposing, lifting, or permanently removing a credit freeze, with respect to the consumer report of the affected individual at any consumer reporting agency described in section 603(p); and ``(B) credit monitoring services for the affected individual at any consumer reporting agency described in section 603(p); and ``(4) shall, in consultation with the Bureau, establish a consumer assistance unit-- ``(A) that shall-- ``(i) be carried out, and paid for, by the consumer reporting agency; and ``(ii) provide assistance, free of charge and for a period of 10 years beginning on the date on which the consumer reporting agency submits the notifications required under paragraph (1)(A), to any affected individual who wants to dispute an item in the file of the affected individual that was entered into that file after the date on which the data breach occurred; and ``(B) with respect to which the consumer reporting agency shall, as soon as practicable after the date on which the consumer assistance unit is established, notify each affected individual with respect to the data breach by mail and e-mail. ``(c) Enforcement.-- ``(1) In general.--Subject to subtitle B of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5511 et seq.), the Federal Trade Commission or the Bureau may bring a civil action to recover a civil penalty in an appropriate district court of the United States against any person that negligently, knowingly, or willingly causes a data breach at a consumer reporting agency. ``(2) Penalty amount.-- ``(A) In general.--In a successful action brought under paragraph (1), the person against which the action is brought shall be liable for a civil penalty of not more than-- ``(i) $2,500 for each affected individual with respect to the data breach caused by the person; and ``(ii) $25,000,000 in total. ``(B) Considerations.--In determining the amount of a civil penalty in a successful action brought under paragraph (1), the court shall consider, with respect to the person against which the action is brought-- ``(i) the degree of culpability of the person; ``(ii) any history of similar prior conduct by the person; ``(iii) the ability of the person to pay; ``(iv) the effect of the penalty on the ability of the person to continue to do business; and ``(v) any other factor as justice may require. ``(3) Private cause of action.-- ``(A) Definition.--In this paragraph, the term `actual loss' means the total cost to an affected individual as a result of a data breach at a consumer reporting agency, including-- ``(i) the costs incurred by the affected individual-- ``(I) in responding to the data breach; and ``(II) as a result of-- ``(aa) reviewing accounts of the affected individual for fraudulent charges; ``(bb) closing accounts of the affected individual that may have been compromised by the data breach; and ``(cc) imposing credit freezes and obtaining credit monitoring services; and ``(ii) any revenue lost, or cost or consequential damage incurred, by the affected individual relating to the interruption of the ability of the affected individual to obtain credit. ``(B) Cause of action.-- ``(i) In general.--An affected individual may bring an action in an appropriate district court of the United States against any person that negligently, knowingly, or willingly caused a data breach at a consumer reporting agency in which the sensitive personal information of the affected individual was lost, stolen, or accessed without authorization. ``(ii) Damages.--In a successful action brought by an affected individual under clause (i), the affected individual may recover-- ``(I) the greater of-- ``(aa) the actual loss to the affected individual with respect to the data breach described in that clause; or ``(bb) $1,000 in liquidated damages; ``(II) punitive damages, as the court may allow; and ``(III) the costs of the action, together with reasonable attorney's fees, as determined by the court. ``(d) Review of Compliance With Standards for Safeguarding Customer Information.-- ``(1) Definition.--In this subsection, the term `covered person' has the meaning given the term in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481). ``(2) Examination.--The Bureau may examine any consumer reporting agency that is a covered person subject to supervision under section 1024 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5514) for compliance by that agency with the standards established by the Federal Trade Commission under section 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)). ``(e) Protection of Legal Rights of Consumers.--A consumer reporting agency may not take a covered action-- ``(1) as a condition of providing any service or product to, or on behalf of, a consumer; and ``(2) that relates to the rights of a consumer after a data breach at the consumer reporting agency in which the sensitive personal information of the consumer is lost, stolen, or accessed without authorization. ``(f) Annual Study and Report.-- ``(1) In general.--Beginning in the first full year after the date of enactment of this section, and annually thereafter, the Bureau and the Federal Trade Commission, in consultation with the Attorney General, shall conduct a study regarding the costs to affected individuals from data breaches at consumer reporting agencies, including-- ``(A) the economic costs to those affected individuals; ``(B) the effects on-- ``(i) the ability of those affected individuals to obtain credit and housing; and ``(ii) the reputations of those affected individuals; and ``(C) the costs relating to the emotional and psychological stress of those affected individuals from having the sensitive personal information of those affected individuals lost, stolen, or accessed without authorization. ``(2) Submission to congress.--Not later than 30 days after the date on which each study conducted under paragraph (1) is completed, the Bureau and the Federal Trade Commission shall submit to the appropriate committees of Congress a report that contains the results of the study. ``(3) Contents.--Each study conducted under paragraph (1) and each report submitted under paragraph (2) shall contain a survey of affected individuals who were contacted for the purposes of conducting the study. ``(4) Authority.--In conducting any study under paragraph (1), the Bureau, the Federal Trade Commission, and the Attorney General may compel a consumer reporting agency to disclose nonproprietary information. ``(g) Rule of Construction.--Nothing in this section may be construed as modifying, limiting, or superseding any provision of State law if the protection that the provision of State law provides to consumers is greater than the protection provided to consumers under this section.''. (b) Technical and Conforming Amendment.--The table of contents for the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after the item relating to section 605B the following: ``605C. Data security at consumer reporting agencies.''.", "summary": "Consumer Data Protection Act This bill amends the Fair Credit Reporting Act to direct a consumer reporting agency experiencing a data breach to: (1) notify the Federal Trade Commission, the Consumer Financial Protection Bureau (CFPB), other appropriate law enforcement agencies, and affected individuals; (2) provide affected individuals with free credit freezes and credit monitoring services; and (3) establish a consumer assistance unit. The bill also establishes legal enforcement provisions concerning data breaches at consumer reporting agencies. The CFPB may examine a consumer reporting agency to assess compliance with personal information protection laws."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cardiac Arrest Survival Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Establishing a nationally uniform baseline of protection from civil liability for persons who use automated external defibrillators (in this section referred to as ``AEDs'') in perceived medical emergencies, who own or hold other property interests in AEDs used in perceived medical emergencies, or who own, occupy, or manage premises in which an AED is used or from which an AED is taken for use in a perceived medical emergency will encourage the deployment of additional AEDs, which will ultimately save lives that would otherwise have been lost to cardiac arrest. (2) The current patchwork of State ``Good Samaritan'' laws provides incomplete, inconsistent, and, in some instances, inadequate protection for entities considering the acquisition or deployment of AEDs. In these circumstances, concerns about potential liability resulting from the good-faith acquisition and deployment of this life-saving technology are inhibiting its deployment. (3) Such concerns are especially acute for entities with operations or facilities in multiple States, yet such entities are also among those in which the widespread deployment of AEDs would be most beneficial. (4) A nationally uniform baseline of protection from civil liability is needed for persons who use AEDs in perceived medical emergencies, who own or hold other property interests in AEDs used in perceived medical emergencies, or who own, occupy, or manage premises in which an AED is used or from which an AED is taken for use in a perceived medical emergency. SEC. 3. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS. Section 248 of the Public Health Service Act (42 U.S.C. 238q) is amended to read as follows: ``SEC. 248. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS. ``(a) Good Samaritan Protections.--Except as provided in subsection (e), in the case of a person who-- ``(1) uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency, and ``(2) is not the owner-acquirer (as defined in subsection (c)(2)) of the device, such person is immune from civil liability for any harm resulting from the use or attempted use of such device by such person. ``(b) Premises Owner/Lessee/Manager Protections.--Except as provided in subsection (e), in the case of a person who-- ``(1) owns, occupies under a lease or similar arrangement, or manages-- ``(A) the premises at which an automated external defibrillator device is used or attempted to be used on a victim of a perceived medical emergency, or ``(B) the premises from which an automated external defibrillator device used or attempted to be used on a victim of a perceived medical emergency is taken for such use, and ``(2) is not the owner-acquirer of such device, such person is immune from civil liability for any harm resulting from such use or attempted use of such device. ``(c) Device Owner-Acquirer Protections.-- ``(1) In general.--Except as provided in subsection (e), an owner-acquirer of an AED is immune from civil liability for any harm resulting from the use or attempted use of such device, unless the harm was proximately caused by the failure of the owner-acquirer to properly maintain the device according to the guidelines of the device manufacturer. ``(2) Owner-acquirer defined.--For purposes of this section, the term `owner-acquirer' means any person who owns or has otherwise acquired a possessory property interest in an AED that is used or attempted to be used on a victim of a perceived medical emergency. ``(d) Applicability of Immunity in Certain Circumstances.--The immunity provided by subsections (a), (b), and (c) of this section shall apply regardless of whether-- ``(1) the AED that is used or attempted to be used is marked with or accompanied by cautionary signage; ``(2) the AED that is used or attempted to be used is registered with any government; ``(3) the person who used or attempted to use the AED saw, read, understood, complied with, or attempted to comply with any cautionary signage present; ``(4) the person who used or attempted to use the AED had received any training relating to the use of (a) AEDs in general or (b) the particular AED used or attempted to be used; or ``(5) the person who used or attempted to use the AED was assisted or supervised by any other person, including but not limited to a licensed physician. ``(e) Inapplicability of Immunity in Certain Circumstances.-- Notwithstanding anything to the contrary in subsection (d) of this section, immunity under subsection (a), (b), or (c)(1) does not apply to a person if-- ``(1) such person's willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim proximately caused the harm involved; ``(2) such person is a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional and within the scope of the employment or agency of the professional; ``(3) such person is a hospital, clinic, or other entity whose purpose is providing health care directly to patients, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent; or ``(4) such person is an owner-acquirer of the device who leased the device to a health care entity (or who otherwise provided the device to such entity for compensation without selling the device to the entity), and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent. ``(f) Rules of Construction.-- ``(1) In general.--The following apply with respect to this section: ``(A) This section does not establish any cause of action, or require that an automated external defibrillator device be placed at any building or other location. This section does not preempt any State law requiring that an automated external defibrillator be placed at any building or other location. ``(B) With respect to the class of persons for which this section provides immunity from civil liability, this section preempts the law of any State to the extent that the otherwise-applicable State law would allow for civil liability in any circumstance where this section would provide immunity from civil liability. This section does not preempt any State law providing immunity from civil liability in any circumstance for which this section would not provide such immunity. ``(C) This section does not waive any protection from liability for Federal officers or employees under-- ``(i) section 233 of this title; or ``(ii) sections 1346(b), 2672, and 2679 of title 28, United States Code, or under alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of such title 28. ``(2) Civil actions under federal law.-- ``(A) In general.--The applicability of subsections (a), (b), (c), (d), and (e) includes applicability to any action for civil liability described in subsection (a), (b), or (c) that arises under Federal law. ``(B) Federal areas adopting state law.--If a geographic area is under Federal jurisdiction and is located within a State but out of the jurisdiction of the State, and if, pursuant to Federal law, the law of the State applies in such area regarding matters for which there is no applicable Federal law, then an action for civil liability described in subsection (a), (b), or (c) that in such area arises under the law of the State is subject to subsections (a) through (f) in lieu of any related State law that would apply in such area in the absence of this subparagraph. ``(g) Federal Jurisdiction.-- ``(1) In any civil action arising under State law, the courts of the State involved have jurisdiction to apply the provisions of this section. ``(2) The actual, asserted, or potential application of any provision of this section in any civil action or as to any civil claim shall not establish the original jurisdiction of the Federal courts over such action or claim under section 1331 of title 28, United States Code. ``(h) Definitions.-- ``(1) Perceived medical emergency.--For purposes of this section, the term `perceived medical emergency' means circumstances in which the behavior of an individual leads a reasonable person to believe that the individual is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of the individual. ``(2) Other definitions.--For purposes of this section: ``(A) The term `automated external defibrillator device' or `AED' means a defibrillator device that-- ``(i) is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act; ``(ii) is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the device whether defibrillation should be performed; ``(iii) upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual; and ``(iv) in the case of a defibrillator device that may be operated in either an automated or a manual mode, is set to operate in the automated mode. ``(B) The term `cautionary signage' means, with respect to an AED, any verbal or non-verbal markings or language purporting to limit use of the AED by members of the general public or to permit use of the AED only by persons with specific skills, qualifications, or training. ``(C)(i) The term `harm' includes physical, nonphysical, economic, and noneconomic losses. ``(ii) The term `economic loss' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. ``(iii) The term `noneconomic losses' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature.''.", "summary": "Cardiac Arrest Survival Act of 2015 This bill amends the Public Health Service Act to expand immunity from civil liability related to automated external defibrillator devices (AEDs), including by giving immunity to: (1) a person who owns, occupies, or manages the premises from which an AED is taken or at which an AED is used; and (2) the owner of an AED for any harm resulting from the use of the AED, unless the harm was caused by the failure of the owner to properly maintain the AED. This immunity applies regardless of whether: (1) the AED is marked with cautionary signage or registered with any government; or (2) the person who used the AED complied with signage, had received training on use of the AED, or was assisted or supervised, including by a licensed physician."}
{"article": "SECTION 1. CONVEYANCE OF LAND, FORMER FORT BAYARD MILITARY RESERVATION, GRANT COUNTY, NEW MEXICO. (a) In General.--Subject to this Act, the Secretary of Agriculture shall convey the lands described in subsection (b) to one or more eligible buyers for the purpose of business and community development. (b) Land Described.--The lands to be conveyed under subsection (a) are the following lands that were formerly part of the Fort Bayard Military Reservation, Grant County, New Mexico, comprising approximately 1,499 acres, and are situated in sections: Township 17 South, Range 12 West, New Mexico Principal Meridian. Section 30, all within the former Fort Bayard Military Reservation (31 acres more or less). Section 31, all within the former Fort Bayard Military Reservation (155 acres more or less). Township 17 South, Range 13 West, New Mexico Principal Meridian. Section 34, all within the former Fort Bayard Military Reservation (584 acres more or less). Section 35, all within the former Fort Bayard Military Reservation less lands conveyed under other Federal authorities to the Village of Central (Santa Clara), and the State of New Mexico (216 acres more or less). Section 36, all within the former Fort Bayard Military Reservation (513 acres more or less). (c) Eligible Buyers.--For the purposes of this Act, eligible buyers are the village of Santa Clara, the city of Bayard, and the county of Grant in the State of New Mexico. SEC. 2. CONDITIONS. In making the conveyance under section 1, the Secretary of Agriculture-- (1) shall sell the land in tracts of not less than 40 acres; (2) shall require as consideration for the land the market price of the land in its present state of use as agricultural grazing lands as determined by the Secretary; (3) shall protect all valid existing rights; (4) shall reserve easements for existing facilities such as roads, telephone lines, pipelines, electric power transmission lines, or other facilities or improvements in place; (5) shall reserve such easements for roads as the Secretary of Agriculture finds necessary to assure access to lands of the United States or to meet public needs; and (6) may contain such additional terms, conditions, reservations, and restrictions as may be determined by the Secretary of Agriculture to be necessary to protect the interests of the United States. SEC. 3. APPROVAL OF ALL PARTIES REQUIRED FOR CONVEYANCE. The Secretary of Agriculture shall not make a conveyance under this Act to any one of the eligible buyers, without written approval of the two nonacquiring eligible buyers. SEC. 4. HISTORIC OR PREHISTORIC SITES. If historic or prehistoric cultural properties are located upon the lands to be conveyed under section 1, the Secretary of Agriculture shall be responsible for the costs and recovery of these sites and shall do so in a timely manner so as not to unduly restrict future use of the selected lands by the acquiring party. The Secretary may, at the Secretary's discretion, use a deed reservation to retain historic or prehistoric properties in the ownership of the United States instead of site recovery, if agreeable to the acquiring party. SEC. 5. SALE OF MINERAL INTERESTS. (a) Inclusion in Conveyance.--Upon application by the acquiring party, all the undivided mineral interest of the United States in any parcel or tract sold pursuant to this Act shall be conveyed to the acquiring party or its successor in title by the Secretary of the Interior. In areas where the Secretary of the Interior determines that there is no active mineral development or leasing, and that the lands have no mineral value, the mineral interests covered by a single application shall be sold for a consideration of $1. In other areas the mineral interests shall be sold at the fair market value thereof as determined by the Secretary of the Interior after taking into consideration such appraisals as the Secretary of the Interior deems necessary or appropriate. (b) Administrative Costs.-- (1) Deposit and payment.--Each application for a conveyance to be made under this Act shall be accompanied by a nonrefundable deposit to be applied to related administrative costs as determined by the Secretary of the Interior. If the conveyance is made pursuant to an application, the applicant shall pay to the Secretary of the Interior the full administrative costs, less the deposit. If a conveyance is not made pursuant to the application, the deposit shall constitute full satisfaction of such administrative costs notwithstanding that the administrative costs exceed the deposit. (2) Definition.--For the purposes of this section, the term ``administrative costs'' includes, in addition to other items, all costs that the Secretary of the Interior determines are included in a determination of-- (A) the mineral character of the land in question; and (B) the fair market value of the mineral interest. (c) Amounts Paid Into Treasury.--Amounts paid to the Secretary of the Interior under this section shall be paid into the Treasury of the United States as miscellaneous receipts.", "summary": "Directs the Secretary of Agriculture (USDA) to convey at current state of agricultural use market prices specified lands formerly part of the Fort Bayard Military Reservation, Grant County, New Mexico, to the Village of Santa Clara, the City of Bayard, and Grant County, New Mexico, in tracts of not less than 40 acres, for business and community development. Requires approval of all parties for any such conveyance. Provides that the Secretary shall be responsible for the costs and recovery of any historic or prehistoric cultural properties located on such lands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Pipeline Safety Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) the Great Lakes are an invaluable national resource, containing one-fifth of the world's fresh surface water and 95 percent of the United States freshwater supply; (2) over 40,000,000 people depend on the Great Lakes for fresh drinking water; (3) the Great Lakes provide 56,000,000,000 gallons of water per day for municipal, agricultural and industrial use; (4) there are more than 3,500 species of plants and animals within the Great Lakes ecosystem; (5) hundreds of thousands of jobs, tied to the $7,000,000,000 recreational fishing and $16,000,000,000 recreational boating industries, directly depend on the Great Lakes; (6) currently, several million gallons per day of hazardous liquids are transported by pipeline across various points along the Great Lakes; (7) modeling studies by the University of Michigan in 2014 and 2016 have concluded that an oil spill originating from a pipeline under the Straits of Mackinac would present particularly severe consequences, potentially impacting over 700 miles of Great Lakes shoreline; (8) a joint NOAA-U.S. Coast Guard guidebook on oil spill response planning in marine environments states that, during the first 24 to 48 hours of open water exposure, most oil spills become difficult to recover, burn, or chemically disperse; (9) swift currents beneath the straits and waterways which connect the Great Lakes could rapidly disperse oil spill contaminants following a pipeline breach; (10) certain pipelines on the Great Lakes are located in close proximity to municipal drinking water collection intakes for millions of people; and (11) the United States should seek to protect the Great Lakes, as a unique national asset, from unreasonable risk of environmental and economic harm. SEC. 3. STUDY ON ECONOMIC AND ENVIRONMENTAL RISKS TO THE GREAT LAKES. (a) Study.--Notwithstanding a pipeline integrity management program, integrity management assessment schedule, or considerations by the Secretary of Transportation resulting in a corrective action order pursuant to section 60112 of title 49, United States Code, not later than 18 months after the date of enactment of this Act, the Secretary shall, in consultation with the United States Coast Guard, the Environmental Protection Agency, the Federal Energy Regulatory Commission, and other agencies as appropriate, conduct a study to determine the economic and environmental risks to the Great Lakes of spills or leaks of oil or other hazardous liquids in the Straits of Mackinac from a rupture, breakage, or other failure of onshore, underwater pipeline facilities within the Straits. (b) Contents.--The study required under subsection (a) shall-- (1) meet the content requirements of an environmental impact statement as described in part 1502 of title 40, Code of Federal Regulations; (2) describe the potential impacts of such spills or leaks to the public health or welfare, wildlife populations, ecosystems, shorelines, public and private property, economic activity, and water quality in the Great Lakes and connecting waterways; (3) include an assessment of spill responses in a variety of likely and worst-case spill scenarios in those waters; and (4) include the supplemental study conducted under subsection (c). (c) Supplemental Study.--The Secretary of Transportation shall conduct, in collaboration with pipeline facility operators and any necessary agencies, a supplemental study to evaluate the condition and structural integrity of onshore, underwater pipeline facilities in the Straits of Mackinac, taking into consideration the age, construction materials, external and internal corrosion, weld integrity, pressure, underwater currents, possible external damage caused by anchor strikes or dragging by recreational or cargo vessels, and the presence of in- line shutoff valves. Such supplemental study shall utilize both internal inspection technology and pipeline route surveys, depth of cover surveys, pressure tests, external corrosion direct assessment, or other technology that the operator demonstrates can further the understanding of the condition of the pipeline facility. (d) Termination of Operation.--Not later than 18 months after the date of enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall terminate the operations of an onshore, underwater pipeline facility located in the Straits of Mackinac if the Administrator determines that, based on the studies conducted under subsections (a) and (c), such facility poses a sufficient risk of hazard to life, property, or the environment to necessitate the termination.", "summary": "Great Lakes Pipeline Safety Act of 2016 This bill directs the Department of Transportation (DOT) to conduct a study to determine the economic and environmental risks of oil or hazardous liquids spills or leaks in the Straits of Mackinac that a failure of onshore, underwater pipeline facilities within the straits would pose to the Great Lakes. In addition, DOT must evaluate the condition and structural integrity of the facilities. DOT shall terminate operations of a facility upon a determination, based on such studies, that risk of hazard to life, property, or the environment warrants termination."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Jury Reform Act of 1998''. SEC. 2. GRAND JURIES. (a) In General.--Rule 6 of the Federal Rules of Criminal Procedure is amended-- (1) in subdivision (a), by adding at the end the following: ``(3) Instruction on rights, responsibilities, and duties.--Upon impaneling a grand jury, the court shall instruct and charge the grand jury on the rights, responsibilities, and duties of the grand jury under this rule, including-- ``(A) the duty to inquire into criminal offenses that are alleged to have been committed within the jurisdiction; ``(B) the right to call and interrogate witnesses; ``(C) the right to request production of a book, paper, document, or other object, including exculpatory evidence; ``(D) the necessity of finding credible evidence of each material element of the crime charged before returning a true bill; ``(E) the right to request that the attorney for the government draft indictments for charges other than those originally requested by that attorney; ``(F) the obligation of secrecy under subdivision (e)(2); and ``(G) such other rights, responsibilities, and duties as the court determines to be appropriate.''; (2) in subdivision (d), by inserting ``and counsel for that witness (as provided in subdivision (i))'' after ``under examination''; (3) in subdivision (e)(2), by adding at the end the following: ``The court shall have the authority to investigate any violation of this paragraph, including the authority to appoint counsel to investigate and report to the court regarding any such violation.''; and (4) by adding at the end the following: ``(h) Notice to Witnesses.--Upon service of any subpoena requiring any witness to testify or produce information at any proceeding before a grand jury impaneled before a district court, the witness shall be given adequate and reasonable notice of-- ``(1) his or her right to counsel, as provided in subdivision (i); ``(2) his or her privilege against self-incrimination; ``(3) the subject matter of the grand jury investigation; ``(4) whether his or her own conduct is under investigation by the grand jury; ``(5) the criminal statute, the violation of which is under consideration by the grand jury, if such statute is known at the time of issuance of the subpoena; ``(6) his or her rights regarding immunity; and ``(7) any other rights and privileges which the court deems necessary or appropriate. ``(i) Counsel for Grand Jury Witnesses.-- ``(1) In general.-- ``(A) Right of assistance.--Each witness subpoenaed to appear and testify before a grand jury in a district court, or to produce books, papers, documents, or other objects before that grand jury, shall be allowed the assistance of counsel during such time as the witness is questioned in the grand jury room. ``(B) Retention or appointment.--Counsel for a witness described in subparagraph (A)-- ``(i) may be retained by the witness; or ``(ii) in the case of a witness who is determined by the court to be financially unable to obtain counsel, shall be appointed as provided in section 3006A of title 18, United States Code. ``(2) Powers and duties of counsel.--A counsel retained by or appointed for a witness under paragraph (1)-- ``(A) shall be allowed to be present in the grand jury room only during the questioning of the witness and only to advise the witness; and ``(B) shall not be permitted to address any grand juror, or otherwise participate in the proceedings before the grand jury. ``(3) Powers of the court.-- ``(A) In general.--If the court determines that counsel retained by or appointed for a witness under this subdivision has violated paragraph (2), or that such action is necessary to ensure that the activities of the grand jury are not unduly delayed or impeded, the court may remove the counsel and either appoint new counsel or order the witness to obtain new counsel. ``(B) No effect on other sanctions.--Nothing in this paragraph shall be construed to affect the contempt powers of the court or the power of the court to impose other appropriate sanctions. ``(j) Exculpatory Evidence.--An attorney for the government shall disclose to the grand jury any substantial evidence of which that attorney has knowledge that directly negates the guilt of the accused. Failure to disclose such evidence may be the basis for a motion to dismiss the indictment, if the court determines that the evidence might reasonably be expected to lead the grand jury not to indict. ``(k) Availability of Grand Jury Transcripts and Other Statements.-- ``(1) In general.--Subject to paragraph (2), not later than 10 days before trial (unless the court shall for good cause determine otherwise), and after the return of an indictment or the filing of any information, a defendant shall, upon request, and as the court determines to be reasonable, be entitled to examine and duplicate a transcript or electronic recording of-- ``(A) the grand jury testimony of all witnesses to be called at trial; ``(B) all statements relating to the defendant's case made to the grand jury by the court, the attorney for the government, or a special attorney; ``(C) all grand jury testimony or evidence which in any manner could be considered exculpatory; and ``(D) all other grand jury testimony or evidence that is determined by the court to be material to the defense. ``(2) Exception.--The court may refuse to allow a defendant to examine and duplicate a transcript or electronic recording of any testimony, statement, or evidence described in paragraph (1), if the court determines that such examination or duplication would endanger any witness.''. (b) Conforming Amendments.--Section 3500(e) of title 18, United States Code, is amended-- (1) in paragraph (1), by adding ``or'' at the end; (2) in paragraph (2), by striking ``, or'' and inserting a period; and (3) by striking paragraph (3).", "summary": "Grand Jury Reform Act of 1998 - Amends rule 6 of the Federal Rules of Criminal Procedure to direct the court, upon impaneling a grand jury, to instruct and charge it on the rights, responsibilities, and duties of the grand jury. Grants the court the authority to investigate violations under such rule, including the authority to appoint counsel to investigate and report to the court regarding violations. Directs that a witness subpoenaed to testify or produce information at any proceeding before a grand jury impaneled before a district court be given reasonable notice of: (1) the right to counsel; (2) privilege against self-incrimination; (3) the subject matter of the investigation; (4) whether the juror's conduct is under investigation; (5) the criminal statute the violation of which is under consideration (if known at the time); and (6) rights regarding immunity. Allows the assistance of counsel for each witness subpoenaed to appear and testify, or to produce documents or other objects, before a grand jury in a district court during such time as the witness is questioned in the grand jury room. Provides for the appointment of counsel in the case of a witness who is determined by the court to be financially unable to obtain counsel. Sets forth provisions regarding powers and duties of counsel, powers of the court, required disclosure of exculpatory evidence, and availability of grand jury transcripts and other statements."}
{"article": "SECTION 1. SUPPLY OF VACCINES. Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et seq.) is amended by adding at the end the following: ``Subtitle 3--Adequate Vaccine Supply ``SEC. 2141. SUPPLY OF VACCINES. ``(a) In General.-- ``(1) Plan.--Not later than 6 months after the date of enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop a plan for the purchase, storage, and rotation of a supply of vaccines sufficient to provide routinely recommended vaccinations for a 6-month period for-- ``(A) a national stockpile of vaccines for all children as authorized under section 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)); and ``(B) adults. ``(2) Supply.--The supply of vaccines under paragraph (1) shall-- ``(A) include all vaccines routinely recommended for children by the Advisory Committee on Immunization Practices; and ``(B) include all vaccines routinely recommended for adults by the Advisory Committee on Immunization Practices. ``(3) Supply authority.--The Secretary shall carry out-- ``(A) paragraph (2)(A) using the authority provided for under section 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)); and ``(B) paragraph (2)(B) using-- ``(i) the authority provided for under section 317; and ``(ii) any other authority relating to the vaccines described in such paragraph. ``(b) Submission of Plan.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall submit the plan developed under subsection (a) to-- ``(A) the Committee on Health, Education, Labor, and Pensions of the Senate; ``(B) the Committee on Finance of the Senate; and ``(C) the Committee on Energy and Commerce of the House of Representatives. ``(2) Inclusions.--The plan shall include a discussion of the considerations that formed-- ``(A) the basis for the plan; and ``(B) the prioritization of the schedule for purchasing vaccines set forth in the plan. ``(c) Implementation of the Plan.--Not later than September 30, 2006, the Secretary shall fully implement the plan developed under subsection (a). ``(d) Notice.-- ``(1) In general.--For the purposes of maintaining and administering the supply of vaccines described under subsection (a), the Secretary shall require by contract that the manufacturer of a vaccine included in such supply provide not less than 1 year notice to the Secretary of a discontinuance of the manufacture of the vaccine, or of other factors, that may prevent the manufacturer from providing vaccines pursuant to an arrangement made to carry out this section. ``(2) Reduction of period of notice.--The notification period required under paragraph (1) may be reduced if the manufacturer certifies to the Secretary that good cause exists for reduction, under the conditions described in section 506C(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c). ``(e) Proceeds.--Any proceeds received by the Secretary from the sale of vaccines contained in the supply maintained pursuant to this section, shall be available to the Secretary for the purpose of purchasing additional vaccines for the supply. Such proceeds shall remain available until expended. ``(f) Ongoing Reports.-- ``(1) In general.--Not later than 2 years after submitting the plan pursuant to subsection (b), and periodically thereafter, the Secretary shall submit a report to the Committees identified in subsection (b)(1) that-- ``(A) details the progress made in implementing the plan developed under subsection (a); and ``(B) notes impediments, if any, to implementing the plan developed under subsection (a). ``(2) Recommendation.--The Secretary shall include in the first of such reports required under paragraph (1)-- ``(A) a recommendation as to whether the vaccine supply should be extended beyond the 6-month period provided in subsection (a); and ``(B) a discussion of the considerations that formed the recommendation under subparagraph (A). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2004 through 2009.''.", "summary": "Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to develop a plan for the purchase, storage, and rotation of vaccines and submit it to Congress. Declares that the supply of vaccines should be sufficient to provide for adults and children, for a six-month period, all vaccinations routinely recommended by the Advisory Committee on Immunization Practices. Directs the Secretary to require a manufacturer of a vaccine included in such supply to provide a one-year notice to the Secretary of a discontinuance of the manufacture of the vaccine or of other factors that may impede the supply of the vaccine. Permits a reduction of the period of notice for good cause. Authorizes appropriations through FY 2009."}
{"article": "SECTION 1. PAYMENT OF COMPENSATION TO MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE UNITED STATES CAPTURED BY JAPAN AND FORCED TO PERFORM SLAVE LABOR DURING WORLD WAR II. (a) Findings.--Congress makes the following findings: (1) During World War II, members of the Armed Forces of the United States fought valiantly against the Armed Forces of Japan in the Pacific. In particular, from December 1941 until May 1942, members of the Armed Forces of the United States fought courageously against overwhelming Armed Forces of Japan on Wake Island, Guam, the Philippine Islands, including the Bataan Peninsula and Corregidor, and the Dutch East Indies, thereby preventing Japan from accomplishing strategic objectives necessary for achieving a preemptive military victory in the Pacific during World War II. (2) During initial military action in the Philippines, members of the Armed Forces of the United States were ordered to surrender on April 9, 1942, and were forced to march 65 miles to prison camps at Camp O'Donnell, Cabanatuan, and Bilibid. More than 10,000 people of the United States died during the march (known as the ``Bataan Death March'') and during subsequent imprisonment as a result of starvation, disease, and executions. (3) Beginning in January 1942, the Armed Forces of Japan began transporting United States prisoners of war to Japan, Taiwan, Manchuria, and Korea to perform slave labor to support Japanese industries. Many of the unmarked merchant vessels in which the prisoners were transported (known as ``Hell Ships'') were attacked by the Armed Forces of the United States, which, according to some estimates, killed more than 3,600 people of the United States. (4) Following the conclusion of World War II, the Government of the United States agreed to pay compensation to former prisoners of war of the United States, amounting to $2.50 per day of imprisonment. This compensation, paid from assets of Japan frozen by the Government of the United States, is wholly insufficient to compensate fully such former prisoners of war for the conditions they endured. Neither the Government of Japan nor any corporations of Japan admit any liability requiring payment of compensation. (5) Other countries, including Canada, the United Kingdom, Isle of Man, Norway, the Netherlands, New Zealand, and Australia have previously awarded such a compensation to their surviving veterans who were captured by the Japanese during World War II and required to perform slave labor. Currently, the United States is the only Western Allied power that has not awarded similar compensation to these distinguished heroes of World War II who were prisoners of war of Japan. (b) Purpose.--The purpose of this section is to recognize, by the provision of compensation, the heroic contributions of the members of the Armed Forces and civilian employees of the United States who were captured by the Japanese military during World War II and denied their basic human rights by being forced to perform slave labor by the Imperial Government of Japan or by corporations of Japan during World War II. (c) Definitions.--In this section: (1) Covered veteran or civilian internee.--The term ``covered veteran or civilian internee'' means any individual who-- (A) is a citizen of the United States; (B) was a member of the Armed Forces, a civilian employee of the United States, or an employee of a contractor of the United States during World War II; (C) served in or with the Armed Forces during World War II; (D) was captured and held as a prisoner of war or prisoner by Japan in the course of such service; and (E) was required by the Imperial Government of Japan, or one or more corporations of Japan, to perform slave labor during World War II. (2) Slave labor.--The term ``slave labor'' means forced servitude under conditions of subjugation. (d) Payment of Compensation Required.-- (1) In general.--Subject to the availability of appropriated funds, the Secretary of Defense shall pay compensation to each living covered veteran or civilian internee, or to the surviving spouse of a covered veteran or civilian internee, in the amount of $20,000. (2) Rebuttable presumption.--An application for compensation submitted under this section by or with respect to an individual seeking treatment as a covered veteran or civilian internee under this section is subject to a rebuttable presumption that such individual is a covered veteran or civilian internee if the application on its face provides information sufficient to establish such individual as a covered veteran or civilian internee. (e) Relationship to Other Payments.--Any amount paid to a person under this section for activity described in subsection (c)(1)(D) is in addition to any other amount paid to such person for such activity under any other provision of law. (f) Inapplicability of Taxation or Attachment.--Any amount paid to a person under this section shall not be subject to any taxation, attachment, execution, levy, tax lien, or detention under any process whatever.", "summary": "Directs the Secretary of Defense to pay (subject to the availability of appropriated funds) a specified amount of compensation to those members of the Armed Forces and U.S. civilian employees, or to the surviving spouses of such members and employees, who were captured by Japan and who were used as slave labor during World War II."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Trigger Lock Act of 1997''. SEC. 2. CHILD SAFETY LOCKS FOR FIREARMS. (a) Civil Prohibitions.-- (1) Prohibition against transfer of firearm without locking device attached.-- (A) Prohibition.--Effective 12 months after the date of the enactment of this Act, it shall be unlawful for any person, in or affecting commerce, to transfer a firearm in the United States, unless a locking device is attached to, or is an integral part of, the firearm. (B) Penalties.-- (i) Private transfers.--The Secretary shall impose a civil fine of $5,000 on any person, other than a licensed dealer or licensed manufacturer, who violates subparagraph (A). (ii) Transfers by federally licensed firearms dealers.--The Secretary shall impose a civil fine of $10,000 on any licensed dealer who violates subparagraph (A), and shall suspend or revoke any license issued under chapter 44 of title 18, United States Code, to the dealer. (iii) Transfers by federally licensed firearms manufacturers.--The Secretary shall impose a civil fine of $25,000 on any licensed manufacturer who violates subparagraph (A), and shall suspend or revoke any license issued under chapter 44 of title 18, United States Code, to the manufacturer. (2) Prohibition against manufacture of handgun without locking device attached.-- (A) Prohibition.--Effective 18 months after the date of the enactment of this Act, it shall be unlawful for any person, in or affecting commerce, to manufacture a handgun in the United States, unless a locking device that meets the minimum quality standards prescribed under subsection (e) is attached to, or is an integral part of, the firearm. (B) Penalties.--The Secretary shall impose a civil fine of $25,000 on any person who violates subparagraph (A), and shall suspend or revoke any license issued under chapter 44 of title 18, United States Code, to the manufacturer. (3) Prohibition against transfer of firearm by licensee without notice and warning.-- (A) Prohibition.--Effective 60 days after the date of the enactment of this Act, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to transfer a handgun that is not accompanied by the following, which shall be printed in \\3/4\\-inch type: ``THE USE OF A LOCKING BOX OR LOCKING DEVICE PLACED ON THE TRIGGER GUARD OF A FIREARM IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS AND THEIR AMMUNITION SHOULD BE STORED AND SECURED IN A LOCATION THAT IS INACCESSIBLE TO CHILDREN. ``IF MISUSED, HANDGUNS CAN RESULT IN UNINTENTIONAL INJURY OR LOSS OF LIFE. TRIGGER LOCKS LOWER THE RISK OF UNINTENTIONAL DISCHARGE, HOWEVER TRIGGER LOCKS DO NOT TOTALLY ELIMINATE THE RISK. ``FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW. FEDERAL LAW PROHIBITS THE POSSESSION OF A HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.''. (B) Penalties.-- (i) Transfers by federally licensed firearms dealers or importers.--The Secretary shall impose a civil fine of $10,000 on any licensed dealer or licensed importer who violates subparagraph (A), and shall suspend or revoke any license issued under chapter 44 of title 18, United States Code, to the dealer or importer. (ii) Transfers by federally licensed firearms manufacturers.--The Secretary shall impose a civil fine of $5,000 on any licensed manufacturer who violates subparagraph (A), and shall suspend or revoke any license issued under chapter 44 of title 18, United States Code, to the manufacturer. (4) Inapplicability to governmental entities.--Paragraphs (1), (2), and (3) shall not apply to conduct of, or authorized by, the United States or any department or agency thereof, or any State or any department, agency, or political subdivision thereof. (5) Judicial review.--Not later than 60 days after an individual receives notice from the Secretary of a decision to impose a fine on, or suspend or revoke a license of, the individual under this subsection, the individual may bring an action against the Secretary in any United States district court for de novo review of the decision. (b) Criminal Prohibition Against Adult Leaving Firearm and Ammunition With an Unsupervised Minor.-- (1) Prohibition.--Section 922 of title 18, United States Code, is amended by inserting after subsection (x) the following: ``(y)(1) It shall be unlawful for an adult to leave a loaded firearm, or an unloaded firearm and ammunition for the firearm, with a minor, unless the possession of the firearm by the minor is supervised by an adult who is not prohibited by Federal, State, or local law from possessing a firearm. ``(2) As used in paragraph (1): ``(A) The term `adult' means an individual who has attained 18 years of age. ``(B) The term `minor' means an individual who has not attained 18 years of age.''. (2) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(7) Whoever knowingly violates section 922(y) shall, notwithstanding section 3571, be fined not more than $10,000, imprisoned not more than 1 year, or both.''. (c) Studies.-- (1) Standards for Locking Devices.-- (A) In general.--The National Institute of Justice and the Consumer Product Safety Commission shall each conduct a study to determine the feasibility of developing minimum quality standards for locking devices. (B) Report.--Not later than 90 days after the date of the enactment of this Act, the National Institute of Justice and the Consumer Product Safety Commission shall each submit to the Attorney General and the Secretary of the Treasury a report that includes the results of the study required of the entity by subparagraph (A) and any recommendations for legislative or regulatory action. (2) Results of this section.-- (A) In general.--The Director of the Centers for Disease Control shall conduct a study on the results of this section. (B) Report.--Not later than 18 months after the date of the enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit to the Attorney General and the Secretary of the Treasury a report that contains the findings of the study required by subparagraph (A). (d) Educational Programs.--For public service announcements and counter advertisements designed to educate the public on the proper storage of firearms, not more than $1,000,000 are authorized to be appropriated for fiscal year 1998 to each of the Attorney General and the Secretary of Health and Human Services, who shall coordinate their expenditure of the sums appropriated pursuant to this subsection, and the sums are authorized to remain available until expended. (e) Regulations Governing Manufacture of Locking Devices.--Within 6 months after the date of the enactment of this Act, the Secretary shall issue final regulations which prescribe minimum quality standards for locking devices. (f) Definitions.--As used in this section: (1) Locking device.--The term ``locking device'' means a device that-- (A) when installed and secured (with a key, electronic code, or electro-mechanically operated combination lock) on the trigger guard of a firearm, and while activated, prevents the firearm from being discharged; or (B) is incorporated into the design of, and is an integral part of, a handgun, and while activated, prevents the handgun from being discharged. (2) Other terms.--The terms ``State'', ``firearm'', ``handgun'', ``dealer'', ``licensed dealer'', ``manufacturer'', ``licensed manufacturer'', ``importer'', ``licensed importer'', and ``Secretary'' shall have the meanings given such terms in section 921(a) of title 18, United States Code.", "summary": "Trigger Lock Act of 1997 - Prohibits the transfer of a firearm in the United States, in or affecting commerce, unless a locking device is attached to, or is an integral part of, the firearm. Sets penalties for private transfers and transfers by federally licensed firearms dealers and manufacturers. Prohibits and sets penalties for: (1) the manufacture of a handgun in the United States, in or affecting commerce, unless a locking device that meets specified minimum quality standards is attached to, or is an integral part of, the firearm; (2) the transfer by any licensed importer, manufacturer, or dealer of a handgun that is not accompanied by a specified printed message regarding firearm safety and storage; and (3) leaving a loaded firearm, or an unloaded firearm and ammunition, with a minor unless the possession by the minor is supervised by an adult who is not prohibited from possessing a firearm. Directs the National Institute of Justice and the Consumer Product Safety Commission to each study and report to the Attorney General and the Secretary of the Treasury on the feasibility of developing minimum quality standards for locking devices. Requires: (1) the Director of the Centers for Disease Control and Prevention to conduct a study on the results of this Act and report to the Attorney General and the Secretary; and (2) the Secretary to issue final regulations which prescribe minimum quality standards for locking devices. Authorizes appropriations for FY 1998 to the Attorney General and the Secretary of Health and Human Services who shall coordinate their expenditures for public service announcements and counter advertisements to educate the public on proper firearm storage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``General Services Administration Modernization Act''. SEC. 2. FEDERAL ACQUISITION SERVICE. (a) Establishment.-- (1) In general.--Section 303 of title 40, United States Code, is amended to read as follows: ``Sec. 303. Federal Acquisition Service ``(a) Establishment.--There is established in the General Services Administration a Federal Acquisition Service. The Administrator of General Services shall appoint a Commissioner of the Federal Acquisition Service, who shall be the head of the Federal Acquisition Service. ``(b) Functions.--Subject to the direction and control of the Administrator of General Services, the Commissioner of the Federal Acquisition Service shall be responsible for carrying out functions related to the uses for which the Acquisition Services Fund is authorized under section 321 of this title, including any functions that were carried out by the entities known as the Federal Supply Service and the Federal Technology Service and such other related functions as the Administrator considers appropriate. ``(c) Regional Executives.--The Administrator may appoint Regional Executives in the Federal Acquisition Service, to carry out such functions within the Federal Acquisition Service as the Administrator considers appropriate.''. (2) Clerical amendment.--The item relating to section 303 at the beginning of chapter 3 of such title is amended to read as follows: ``303. Federal Acquisition Service.''. (b) Executive Schedule Compensation.--Section 5316 of title 5, United States Code, is amended by striking ``Commissioner, Federal Supply Service, General Services Administration.'' and inserting the following: ``Commissioner, Federal Acquisition Service, General Services Administration.''. (c) References.--Any reference in any other Federal law, Executive order, rule, regulation, reorganization plan, or delegation of authority, or in any document-- (1) to the Federal Supply Service is deemed to refer to the Federal Acquisition Service; (2) to the GSA Federal Technology Service is deemed to refer to the Federal Acquisition Service; (3) to the Commissioner of the Federal Supply Service is deemed to refer to the Commissioner of the Federal Acquisition Service; and (4) to the Commissioner of the GSA Federal Technology Service is deemed to refer to the Commissioner of the Federal Acquisition Service. SEC. 3. ACQUISITION SERVICES FUND. (a) Abolishment of General Supply Fund and Information Technology Fund.--The General Supply Fund and the Information Technology Fund in the Treasury are hereby abolished. (b) Transfers.--Capital assets and balances remaining in the General Supply Fund and the Information Technology Fund as in existence immediately before this section takes effect shall be transferred to the Acquisition Services Fund and shall be merged with and be available for the purposes of the Acquisition Services Fund under section 321 of title 40, United States Code (as amended by this Act). (c) Assumption of Obligations.--Any liabilities, commitments, and obligations of the General Supply Fund and the Information Technology Fund as in existence immediately before this section takes effect shall be assumed by the Acquisition Services Fund. (d) Existence and Composition of Acquisition Services Fund.-- Subsections (a) and (b) of section 321 of title 40, United States Code, are amended to read as follows: ``(a) Existence.--The Acquisition Services Fund is a special fund in the Treasury. ``(b) Composition.-- ``(1) In general.--The Fund is composed of amounts authorized to be transferred to the Fund or otherwise made available to the Fund. ``(2) Other credits.--The Fund shall be credited with all reimbursements, advances, and refunds or recoveries relating to personal property or services procured through the Fund, including-- ``(A) the net proceeds of disposal of surplus personal property; and ``(B) receipts from carriers and others for loss of, or damage to, personal property; and ``(C) receipts from agencies charged fees pursuant to rates established by the Administrator. ``(3) Cost and capital requirements.--The Administrator shall determine the cost and capital requirements of the Fund for each fiscal year and shall develop a plan concerning such requirements in consultation with the Chief Financial Officer of the General Services Administration. Any change to the cost and capital requirements of the Fund for a fiscal year shall be approved by the Administrator. The Administrator shall establish rates to be charged agencies provided, or to be provided, supply of personal property and non-personal services through the Fund, in accordance with the plan. ``(4) Deposit of fees.--Fees collected by the Administrator under section 313 of this title may be deposited in the Fund to be used for the purposes of the Fund.''. (e) Uses of Fund.--Section 321(c) of such title is amended in paragraph (1)(A)-- (1) by striking ``and'' at the end of clause (i); (2) by inserting ``and'' after the semicolon at the end of clause (ii); and (3) by inserting after clause (ii) the following new clause: ``(iii) personal services related to the provision of information technology (as defined in section 11101(6) of this title);''. (f) Payment for Property and Services.--Section 321(d)(2)(A) of such title is amended-- (1) by striking ``and'' at the end of clause (iv); (2) by redesignating clause (v) as clause (vi); and (3) by inserting after clause (iv) the following new clause: ``(v) the cost of personal services employed directly in providing information technology (as defined in section 11101(6) of this title); and''. (g) Transfer of Uncommitted Balances.--Subsection (f) of section 321 of such title is amended to read as follows: ``(f) Transfer of Uncommitted Balances.--Following the close of each fiscal year, after making provision for a sufficient level of inventory of personal property to meet the needs of Federal agencies, the replacement cost of motor vehicles, and other anticipated operating needs reflected in the cost and capital plan developed under subsection (b), the uncommitted balance of any funds remaining in the Fund shall be transferred to the general fund of the Treasury as miscellaneous receipts.''. (h) Conforming and Clerical Amendments.-- (1) Section 322 of such title is repealed. (2) The heading for section 321 of such title is amended to read as follows: ``Sec. 321. Acquisition Services Fund''. (3) The table of sections for chapter 3 of such title is amended by striking the items relating to sections 321 and 322 and inserting the following: ``321. Acquisition Services Fund.''. (4) Section 573 of such title is amended by striking ``General Supply Fund'' both places it appears and inserting ``Acquisition Services Fund''. (5) Section 604(b) of such title is amended-- (A) in the heading, by striking ``General Supply Fund'' and inserting ``Acquisition Services Fund''; and (B) in the text, by striking ``General Supply Fund'' and inserting ``Acquisition Services Fund''. (6) Section 605 of such title is amended-- (A) in subsection (a)-- (i) in the heading, by striking ``General Supply Fund'' and inserting ``Acquisition Services Fund''; and (ii) in the text, by striking ``General Supply Fund'' and inserting ``Acquisition Services Fund''; and (B) in subsection (b)(2)-- (i) by striking ``321(f)(1)'' and inserting ``321(f)''; and (ii) by striking ``General Supply Fund'' and inserting ``Acquisition Services Fund''. SEC. 4. PROVISIONS RELATING TO ACQUISITION PERSONNEL. Section 37 of the Office of Federal Procurement Policy Act (41 U.S.C. 433) is amended by adding at the end the following new subsection: ``(i) Provisions Relating to Reemployment.-- ``(1) Policies and procedures.--The head of each executive agency, after consultation with the Administrator and the Director of the Office of Personnel Management, shall establish policies and procedures under which the agency head may reemploy in an acquisition-related position (as described in subsection (g)(1)(A)) an individual receiving an annuity from the Civil Service Retirement and Disability Fund, on the basis of such individual's service, without discontinuing such annuity. The head of each executive agency shall keep the Administrator informed of the agency's use of this authority. ``(2) Service not subject to csrs or fers.--An individual so reemployed shall not be considered an employee for the purposes of chapter 83 or 84 of title 5, United States Code. ``(3) Criteria for exercise of authority.--Polices and procedures established pursuant to this subsection shall authorize the head of the executive agency, on a case-by-case basis, to continue an annuity if-- ``(A) the unusually high or unique qualifications of an individual receiving an annuity from the Civil Service Retirement and Disability Fund on the basis of such individual's service, ``(B) the exceptional difficulty in recruiting or retaining a qualified employee, or ``(C) a temporary emergency hiring need, makes the reemployment of an individual essential. ``(4) Reporting requirement.--The Administrator shall submit annually to the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the use of the authority under this subsection, including the number of employees reemployed under authority of this subsection. ``(5) Sunset provision.--The authority under this subsection shall expire on December 31, 2011.''. SEC. 5. DISPOSAL OF FEDERAL SURPLUS PROPERTY TO HISTORIC LIGHT STATIONS. Section 549(c)(3)(B) of title 40, United States Code, is amended-- (1) in clause (vii), by striking ``or'' after the semicolon; (2) in clause (viii), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(ix) a historic light station as defined under section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w-7(e)(2)), including a historic light station conveyed under subsection (b) of that section, notwithstanding the number of hours that the historic light station is open to the public.''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 60 days after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "General Services Administration Modernization Act - (Sec. 2) Establishes a Federal Acquisition Service in the General Services Administration (GSA) to be headed by a Commissioner who shall be responsible for carrying out functions related to the uses of the Acquisition Services Fund (created by this Act), including any functions that were carried out by the Federal Supply Service and the Federal Technology Service. Authorizes the Administrator to appoint Regional Executives in the Federal Acquisition Service to carry out such functions within that Service as the Administrator considers appropriate. (Sec. 3) Abolishes the General Supply Fund and the Information Technology Fund in the Treasury. Transfers remaining capital assets and balances in such Funds to the Acquisition Services Fund to be merged with, and be available for, the purposes of such Fund. Requires the Acquisition Services Fund to be credited with all reimbursements relating to personal property or services procured through the Fund, including: (1) the net proceeds of disposal of surplus personal property; and (2) receipts from carriers and others for loss of, or damage to, personal property; and (3) receipts from agencies charged fees pursuant to rates established by the Administrator. Requires the Administrator to determine cost and capital requirements of the Fund and develop a plan concerning such requirements in consultation with the Chief Financial Officer of GSA. Requires the Administrator, according to such plan, to establish rates to be charged agencies provided personal property and non-personal services through the Fund. Allows fees collected for recovering the costs of testing materials tendered for sale or lease to GSA or any procurement authority acting under GSA to be deposited in the Fund. Provides for: (1) the use of the Fund for personal services related to the provision of information technology; and (2) the Administrator to fix prices at levels sufficient to recover the cost of personal services employed directly in providing information technology. Sets requirements for the transfer of uncommitted balances in the Fund. (Sec. 4) Amends the Office of Federal Procurement Policy Act to direct the head of each executive agency to establish policies and procedures under which the agency head may reemploy in an acquisition-related position an individual receiving an annuity from the Civil Service Retirement and Disability Fund without discontinuing such annuity, if unique needs exist. Prohibits considering an individual so reemployed to be a federal employee for the purposes of the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). Requires the Administrator to submit annual reports to specified congressional committees on the use of such authority, including the number of employees reemployed under such authority. Terminates such authority on December 31, 2011. (Sec. 5) Amends federal law relating to donation of personal property through state agencies to provide for the transfer of historic light stations, including historic light stations conveyed under the National Historic Preservation Act, to such agencies for education or public health (including research) purposes to a nonprofit educational or public health institution or organization that is exempt from taxation under section 501 of the Internal Revenue Code."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom and Mobility in Consumer Banking Act''. SEC. 2. CONSUMER RIGHTS WITH RESPECT TO CLOSED ACCOUNTS. The Truth in Savings Act (12 U.S.C. 4301 et seq.) is amended-- (1) by striking section 262 and inserting the following: ``SEC. 262. FINDINGS AND PURPOSES. ``(a) Findings.--Congress finds that-- ``(1) economic stability would be enhanced, competition between depository institutions would be improved, and the ability of the consumer to make informed decisions regarding deposit accounts, and to verify accounts, would be strengthened if there were uniformity in the disclosure of terms and conditions on which interest is paid and fees are assessed in connection with such accounts; and ``(2) consumers lack meaningful choices for managing household funds because-- ``(A) despite dissatisfaction with rising account fees at some depository institutions, consumers often find it too difficult to move their funds to new deposit accounts; ``(B) the process of moving funds to new deposit accounts often involves several steps and substantial time to complete, and it is not always clear what the proper procedures are for closing an account at a given depository institution; ``(C) depository institutions have no obligation and may lack the technical capabilities to help consumers transfer automated deposits or debits from old accounts to new accounts, causing delays and confusion; ``(D) depository institutions may charge fees to close an account and withdraw available funds, which can impede banking mobility for low-income consumers; and ``(E) some depository institutions have engaged in the practice of reopening closed accounts without the consent of the consumer. ``(b) Purposes.--The purposes of this Act are-- ``(1) to allow consumers to make a meaningful comparison between competing claims of depository institutions with regard to deposit accounts by requiring the clear and uniform disclosure of-- ``(A) the rates of interest that are payable on deposit accounts by depository institutions; and ``(B) the fees that are assessable against deposit accounts; and ``(2) to protect rights of consumers by providing a framework establishing the rights, liabilities, and responsibilities of depository institutions and consumers in closing procedures for certain types of consumer deposit accounts.''; (2) by inserting after section 268 the following: ``SEC. 268A. CLOSURE OF COVERED ACCOUNTS. ``(a) In General.--A depository institution may not-- ``(1) prohibit a consumer from closing a covered account at the depository institution, regardless of whether the balance in the covered account is positive, zero, or negative; ``(2) charge any fee to close a covered account; or ``(3) reopen a covered account that a consumer has requested to be closed in accordance with this section to apply subsequent debits, whether preauthorized or otherwise, or for any other reason, unless the consumer expressly requests that the covered account be reopened. ``(b) Disclosures Required.--A depository institution shall provide to any consumer that opens a covered account at the depository institution a description of the policies and procedures that the depository institution has in place to close a covered account-- ``(1) at the time the consumer opens the covered account; ``(2) at any time, upon request of a consumer; and ``(3) on the website of the depository institution. ``(c) Regulations Relating to Closure of Covered Accounts.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Bureau, after consultation with each agency referred to in section 270(a), and public notice and opportunity for comment, shall prescribe final regulations to carry out this section. ``(2) Content.--The regulations required by this subsection shall-- ``(A) require that a depository institution close a covered account not later than 5 business days after the date on which a consumer makes a request to close the covered account, except that the closure of the covered account may be delayed-- ``(i) if a Federal or State law enforcement agency notifies the depository institution that the closure will interfere with a criminal investigation; or ``(ii) pursuant to any other exception that the Bureau determines is appropriate; ``(B) prescribe the methods by which a consumer may make a request to a depository institution to close a covered account, which, except as provided in subparagraph (C), shall include requests made in person, over the phone, or by other electronic or remote means; ``(C) allow a depository institution to require that a request by a consumer to close a covered account shall be made in person if the covered account contains an amount on deposit exceeding a certain monetary threshold, as determined and established by the Bureau; ``(D) establish procedures that require a depository institution to positively verify the identity of a consumer requesting to close a covered account before the depository institution closes the covered account, including procedures for a depository institution to follow if the depository institution is unable to verify the identity of the consumer; ``(E) establish procedures for a depository institution to provide a consumer with the funds contained in a covered account that the consumer has requested to close, which shall include procedures-- ``(i) that ensure that the consumer whose identity has been positively verified by the depository institution has access to any funds available for withdrawal at the time the consumer makes a request to the depository institution to close the covered account; ``(ii) that establish a reasonable amount of time for the depository institution to remit to the consumer the remainder of any funds in the closed covered account, including funds that are subject to a dispute between the depository institution and the consumer; and ``(iii) that allow a consumer whose identity has been positively verified by the depository institution to receive available funds from a covered account that the consumer has requested to close in the form of-- ``(I) a cashier's check provided to the consumer; ``(II) an electronic funds transfer to an account designated by the consumer; ``(III) any means offered by the depository institution that the consumer has requested; or ``(IV) any means that the Bureau determines appropriate; ``(F) except as provided under subparagraph (G), prohibit a depository institution from imposing any fee or charge on a covered account at the depository institution after the consumer has requested to close the covered account; ``(G) allow a depository institution to assess an overdraft fee after a consumer has requested to close a covered account, if such overdraft fee is associated with a transaction that was initiated by the consumer before the date on which the consumer made a request to the depository institution to close the covered account; ``(H) not limit the ability of a consumer to earn interest that a covered account had accrued before the date on which the consumer made a request to the depository institution to close the covered account; ``(I) establish procedures for a depository institution and a consumer to follow if a personal check written by the consumer is deposited by a person other than the consumer after the date on which the consumer has closed a covered account; ``(J) require the depository institution to provide the consumer with certain information before the depository institution closes a covered account of the consumer, including-- ``(i) a list of any preauthorized transactions relating to the covered account that occurred within the 60 days preceding the date on which the consumer made a request to the depository institution to close the covered account; ``(ii) a list of any preauthorized transactions scheduled to occur in the 60 days after the date on which the consumer made a request to the depository institution to close the covered account; ``(iii) a list of any direct deposits into the covered account in the 60 days preceding the date on which the consumer made a request to the depository institution to close the covered account; and ``(iv) any other information that the Bureau determines is necessary to provide consumers with adequate information about potential preauthorized activity relating to the covered account; ``(K) prohibit a depository institution from reporting an outstanding balance or any other adverse information with respect to a covered account at the depository institution to any consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a), if-- ``(i) at the time the covered account is closed, the covered account has a negative balance resulting solely from any fee assessed by the depository institution; and ``(ii) that information could be used to adversely affect the ability of the consumer to open an account at another depository institution; ``(L) establish the terms under which a depository institution may report that a covered account had a negative balance at the time of the closure of the covered account to a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a), if the depository institution-- ``(i) notifies the consumer of the negative balance; and ``(ii) provides the consumer with a reasonable period of time, as determined and established by the Bureau, to repay the negative balance; and ``(M) include any other provisions, guidance, or exceptions that the Bureau determines are appropriate in order to facilitate the purposes of this section. ``(d) Study; Rulemaking.-- ``(1) Study.-- ``(A) In general.--The Comptroller General of the United States shall conduct a study to determine additional barriers that could limit the ability of a consumer to close a covered account. ``(B) Contents of study.--The study required under paragraph (1) shall include, at a minimum, analysis of-- ``(i) potential reforms to payment clearing and settlement systems that would enable depository institutions to notify consumers if a preauthorized recurring debit is directed to a covered account after the covered account has been closed; ``(ii) potential reforms to payment clearing and settlement systems that would automatically transfer any direct deposit, preauthorized transaction, or other similar scheduled activity relating to a closed covered account to another account designated by the consumer; ``(iii) other factors, including technological barriers, in payment clearing and scheduling systems that limit the ability of consumers to efficiently close a covered account and transfer funds to another account; and ``(iv) recommendations to Congress and the appropriate Federal banking agencies, including steps that the appropriate Federal banking agencies could take through rulemaking to facilitate the automatic transfer of funds from a closed covered account to another account designated by the consumer. ``(C) Report.--Not later than 1 year after the date of enactment of this subsection, the Comptroller General shall issue a report to the Congress and the Bureau of Consumer Financial Protection on the study required under subparagraph (A), including any findings and determinations made by the Comptroller General in carrying out such study. ``(2) Rulemaking.--Not later than 1 year after the Bureau receives the report issued under paragraph (1)(C) the Bureau shall-- ``(A) determine whether regulations should be issued to remove barriers that limit the ability of a consumer to close a covered account; and ``(B) if the Bureau determines that such regulations should be issued, the Bureau shall, in consultation with each agency referred to in section 270(a), and after public notice and opportunity for comment, issue such regulations.''; and (3) in section 274, by adding at the end the following: ``(9) Available for withdrawal.--The term `available for withdrawal', with respect to funds deposited, means available for all uses generally permitted to the customer for actually and finally collected funds under the account agreement with the depository institution or policies of the depository institution, such as for payment of checks drawn on the account, certification of checks drawn on the account, electronic payments, withdrawals by cash, and transfers between accounts. ``(10) Covered account.--The term `covered account' means any checking, savings, or any other account that the Bureau may include, by regulation.''.", "summary": "Freedom and Mobility in Consumer Banking Act - Amends the Truth in Savings Act to prohibit depository institutions from: (1) prohibiting a consumer from closing a covered account (a checking, savings, or any other account that the Bureau of Consumer Financial Protection [CFPB] may include), regardless of whether the balance is positive, zero, or negative; (2) charging any fee to close such account; or (3) reopening such an account to apply subsequent debits after a consumer has requested the account to be closed, unless the consumer requests that the account be reopened. Requires depository institutions to provide consumers with a description of the policies and procedures in place to close such accounts at the time the account is opened, upon request, and on the websites of such institutions. Directs the CFPB to prescribe regulations relating to the closure of such accounts, including: (1) allowing consumers to receive available funds from a closed account in the form of a cashier's check, electronic funds transfer, or any other means offered by the institution or determined appropriate by the CFPB; (2) requiring depository institutions to provide consumers with certain information regarding any preauthorized transactions or direct deposits associated with an account before it is closed; (3) prohibiting a depository institution from reporting adverse information regarding such account to any consumer reporting agency if, at the time the account is closed, the account has a negative balance resulting solely from any fee assessed by the depository institution; and (4) establishing the terms under which a depository institution may report to a consumer reporting agency that an account had a negative closing balance, provided that the institution notifies the consumer and provides a reasonable period for repayment of the balance. Directs the Comptroller General (GAO) to report to Congress and the CFPB regarding additional barriers that could limit the ability of a consumer to close a covered account. Requires the CFPB, after receiving such report, to determine whether regulations should be issued to remove such barriers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Classroom Safety Act of 2000''. SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) Placement in Alternative Educational Setting.--Section 615(k) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)) is amended-- (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following: ``(10) Discipline with regard to weapons.-- ``(A) Authority of school personnel.-- Notwithstanding any other provision of this Act, school personnel may discipline (including expel or suspend) a child with a disability who-- ``(i) carries or possesses a weapon to or at a school, on school premises, or to or at a school function, under the jurisdiction of a State or a local educational agency, or ``(ii) possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at a school, on school premises, or to or at a school function, under the jurisdiction of a State or a local educational agency, in the same manner in which such personnel may discipline a child without a disability. Such personnel may modify the disciplinary action on a case-by-case basis. ``(B) Rule of construction.--Nothing in subparagraph (A) shall be construed to prevent a child with a disability who is disciplined pursuant to the authority provided under subparagraph (A) from asserting a defense that the carrying or possession of the weapon, or the possession of an illegal drug or sale or solicitation of the sale of a controlled substance, was unintentional or innocent. ``(C) Free appropriate public education.-- ``(i) Ceasing to provide education.-- Notwithstanding section 612(a)(1)(A), a child expelled or suspended under subparagraph (A) shall not be entitled to continue educational services, including a free appropriate public education, under this title, during the term of such expulsion or suspension, if the State in which the local educational agency responsible for providing educational services to such child does not require a child without a disability to receive educational services after being expelled or suspended. ``(ii) Providing education.-- Notwithstanding clause (i), the local educational agency responsible for providing educational services to a child with a disability who is expelled or suspended under subparagraph (A) may choose to continue to provide educational services to such child. If the local educational agency so chooses to continue to provide the services-- ``(I) nothing in this title shall require the local educational agency to provide such child with a free appropriate public education, or any particular level of service; and ``(II) the location where the local educational agency provides the services shall be left to the discretion of the local educational agency. ``(D) Relationship to other requirements.-- ``(i) Plan requirements.--No agency shall be considered to be in violation of section 612 or 613 because the agency has provided discipline, services, or assistance in accordance with this paragraph. ``(ii) Procedure.--Actions taken pursuant to this paragraph shall not be subject to the provisions of this section, other than this paragraph.''. (b) Conforming Amendments.--(1) Section 615(f)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(f)(1)) is amended by striking ``Whenever'' and inserting the following: ``Except as provided in section 615(k)(10), whenever''. (2) Section 615(k)(1)(A)(ii) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii)) is amended in the matter preceding subclause (I) by inserting before ``to an appropriate interim educational setting'' the following: ``except as provided in paragraph (10),''.", "summary": "Authorizes such personnel to modify the disciplinary action on a case-by-case basis. Permits assertion of a defense that the offense was committed unintentionally or innocently. Allows the local educational agency (LEA) responsible for providing educational services to a child with a disability who is expelled or suspended under this Act to choose to continue to provide educational services to such child, but specifies that an LEA that so chooses to continue to provide services: (1) is not required by IDEA to provide such child with a free appropriate public education, or any particular level of service; and (2) has discretion as to the location where it provides the services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Duty Suspension Facilitation Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to provide a procedure for the development and submission of legislation by the International Trade Commission regarding amendments to the Harmonized Tariff Schedule of the United States in connection with the temporary suspension or reduction of duty. SEC. 3. PROCEDURES FOR RECOMMENDATIONS AND PROPOSED LEGISLATION RELATING TO TEMPORARY DUTY SUSPENSIONS. (a) In General.--Not later than January 1, 2012, and every 2 years thereafter, the International Trade Commission shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives proposed legislation which includes recommendations regarding the following: (1) Amendments to the Harmonized Tariff Schedule of the United States extending existing temporary duty suspensions or existing duty reductions. (2) Amendments to the Harmonized Tariff Schedule of the United States providing for new temporary duty suspensions or new duty reductions. (3) Modifications to the Harmonized Tariff Schedule of the United States to make technical corrections with respect to-- (A) errors in spelling, numbering, or punctuation; (B) errors in indentation; (C) errors in cross references to headings, subheadings, or notes; (D) errors in article descriptions; and (E) other clerical or typographical errors. (b) Agency and Public Views Regarding Recommendations.--In formulating recommendations and proposed legislation under subsection (a), the International Trade Commission shall solicit, and give consideration to, the views of interested Federal agencies and the public. The Commission shall-- (1) give notice of the proposed recommendations, afford reasonable opportunity for interested parties to present their views in writing; and (2) provide for a public hearing. (c) Requirements for Duty Suspension and Reduction.--The Commission may not recommend in the proposed legislation under subsection (a) any suspension or reduction in duty, if-- (1) an interested Federal agency determines such suspension or reduction is not in the interest of United States and that determination is included in the record of the public hearing required under subsection (b); (2) such suspension or reduction is objected to by a domestic producer who demonstrates that there is domestic production of the article for which suspension or reduction of duty is recommended in commercially available quantities; (3) the loss in revenue to the United States from such suspension or reduction of duty exceeds $500,000 annually (as adjusted under subsection (f)); or (4) the suspension or reduction in duty is to be effective for a period that exceeds 3 years. (d) Submission of Proposed Legislation and Recommendations.-- (1) Legislation.--Any proposed legislation submitted under subsection (a), shall include the following information, if appropriate-- (A) the heading or subheading number of the Harmonized Tariff Schedule of the United States to be added or amended; (B) the Chemical Abstract Service or CAS number; (C) the article description and duty rates for each of the headings or subheadings described in subparagraph (A); and (D) any other information that is necessary to carry out the proposed legislation, including the requirements described in subsection (c). (2) Recommendations.--Along with the proposed legislation submitted under subsection (a), the International Trade Commission shall submit-- (A) a summary of the information on which the recommendation is based; and (B) a summary of the views submitted by interested Federal agencies, the public, and other interested parties. (e) Publication in the Federal Register.--Not later than 60 days before the Commission submits the proposed legislation under subsection (a), the Commission shall publish the proposed legislation in the Federal Register. (f) Indexing for Inflation.-- (1) In general.--Beginning in calendar year 2013, the dollar amount described in subsection (c)(3) shall be increased by an amount equal to-- (A) $500,000, multiplied by (B) the percentage (if any) by which the CPI for the preceding calendar year exceeds the CPI for calendar year 2011. (2) Rounding.--Any increase under paragraph (1)(B) shall be rounded to the nearest dollar. (3) Definitions.--In this subsection: (A) CPI for the preceding calendar year.--The term ``CPI for the preceding calendar year'' means the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. (B) Consumer price index.--The term ``Consumer Price Index'' means the last Consumer Price Index for all-urban consumers published by the Department of Labor.", "summary": "Duty Suspension Facilitation Act of 2010 - Directs the International Trade Commission (ITC) to propose to Congress temporary duty suspensions or duty reductions under the Harmonized Tariff Schedule of the United States (HTS). Prohibits the ITC from recommending any suspension or reduction in duty if: (1) an interested federal agency determines it is not in the U.S. interest and that determination is included in the agency public hearing record; (2) a domestic producer objects to the suspension or reduction, demonstrating that there is domestic production of the article concerned in commercially available quantities; (3) the loss in revenue to the United States from the duty suspension or reduction exceeds $500,000 annually (adjusted for inflation); or (4) the duty suspension or reduction is for more than three years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park System New Area Studies Act''. SEC. 2. STUDY OF NEW PARK SYSTEM AREAS. Section 8 of Public Law 91-383 (16 U.S.C. 1a-5; popularly known as the National Park System General Authorities Act) is amended as follows: (1) By inserting ``General Authority.--'' after ``(a)''. (2) By striking the second through the seventh sentences of subsection (a). (3) By designating the last two sentences of subsection (a) as subsection (e) and inserting in the first of such sentences before the words ``For the purposes of carrying'' the following: ``(e) Authorization of Appropriations.--''. (4) By inserting the following after subsection (a): ``(b) Studies of Areas for Potential Addition.--(1) At the beginning of each calendar year, along with the annual budget submission, the Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a list of areas recommended for study for potential inclusion in the National Park System. ``(2) In developing the list to be submitted under this subsection, the Secretary shall give consideration to those areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility. The Secretary shall give special consideration to themes, sites, and resources not already adequately represented in the National Park System. ``(3) No study of the potential of an area for inclusion in the National Park System may be initiated after the date of enactment of this subsection, except as provided by specific authorization of an Act of Congress. ``(4) Nothing in this Act shall limit the authority of the National Park Service to conduct preliminary resource assessments, gather data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative designations, update previous studies, or complete reconnaissance surveys of individual areas requiring a total expenditure of less than $25,000. ``(5) Nothing in this section shall be construed to apply to or to affect or alter the study of any river segment for potential addition to the national wild and scenic rivers system or to apply to or to affect or alter the study of any trail for potential addition to the national trails system. ``(c) Report.--(1) The Secretary of the Interior shall complete the study for each area for potential inclusion in the National Park System within 3 complete fiscal years following the date of enactment of specific legislation providing for the study of such area. Each study under this section shall be prepared with appropriate opportunity for public involvement, including at least one public meeting in the vicinity of the area under study, and after reasonable efforts to notify potentially affected landowners and State and local governments. ``(2) In conducting the study, the Secretary shall consider whether the area under study-- ``(A) possesses nationally significant natural or cultural resources and represents one of the most important examples of a particular resource type in the country; and ``(B) is a suitable and feasible addition to the system. ``(3) Each study-- ``(A) shall consider the following factors with regard to the area being studied-- ``(i) the rarity and integrity of the resources; ``(ii) the threats to those resources; ``(iii) similar resources are already protected in the National Park System or in other public or private ownership; ``(iv) the public use potential; ``(v) the interpretive and educational potential; ``(vi) costs associated with acquisition, development and operation; ``(vii) the socioeconomic impacts of any designation; ``(viii) the level of local and general public support; and ``(ix) whether the area is of appropriate configuration to ensure long-term resource protection and visitor use; ``(B) shall consider whether direct National Park Service management or alternative protection by other public agencies or the private sector is appropriate for the area; ``(C) shall identify what alternative or combination of alternatives would in the professional judgment of the Director of the National Park Service be most effective and efficient in protecting significant resources and providing for public enjoyment; and ``(D) may include any other information which the Secretary deems to be relevant. ``(4) Each study shall be completed in compliance with the National Environmental Policy Act of 1969. ``(5) The letter transmitting each completed study to Congress shall contain a recommendation regarding the Secretary's preferred management option for the area. ``(d) List of Areas.--At the beginning of each calendar year, along with the annual budget submission, the Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a list of areas which have been previously studied which contain primarily historical resources, and a list of areas which have been previously studied which contain primarily natural resources, in numerical order of priority for addition to the National Park System. In developing the lists, the Secretary should consider threats to resource values, cost escalation factors, and other factors listed in subsection (c) of this section. The Secretary should only include on the lists areas for which the supporting data is current and accurate.''. (5) By adding at the end of subsection (e) (as designated by paragraph (3) of this section) the following: ``For carrying out subsections (b) through (d) there are authorized to be appropriated $2,000,000.''. Passed the House of Representatives August 3, 1998. Attest: ROBIN H. CARLE, Clerk.", "summary": "National Park System New Area Studies Act - Amends Federal law to repeal provisions which require: (1) the Secretary of the Interior to annually report to the Speaker of the House of Representatives and to the President of the Senate on areas of national significance that have been studied for potential inclusion in the National Park System (NPS) and requiring, within such report, a listing of not less than 12 such areas; and (2) a synopsis to accompany the annual listing of the areas, for each report previously submitted, of the current and changed condition of the resource integrity of the area and other relevant factors compiled as a result of continual periodic monitoring and embracing the period since the previous such submission or initial report submission one year earlier. Directs the Secretary to submit to the Committee on Resources of the House and the Committee on Energy and Natural Resources of the Senate, along with the annual budget, a list of areas recommended for study for potential inclusion in the NPS. Requires the Secretary to give: (1) consideration to those areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility; and (2) special consideration to themes, sites, and resources not already adequately represented in the NPS. Prohibits studies of potential areas for inclusion in the NPS from being initiated after the enactment of this Act, except as specifically authorized by an Act of Congress. Provides that nothing in this Act shall: (1) limit the authority of the National Park Service to conduct preliminary resource assessments, gather data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative designations, update previous studies, or complete reconnaissance surveys of individual areas requiring a total expenditure of less than $25,000; or (2) be construed to apply to the study of any river segment or any trail for potential addition to the national wild and scenic rivers system or the national trails system. Directs the Secretary to complete the study for each area for potential inclusion in the NPS within three complete fiscal years following the date of enactment of specific legislation providing for the study. Requires: (1) each study to consider specified factors, including similar resources already protected, costs, public support, and alternatives for protecting the area; (2) each study to be completed in compliance with the National Environmental Policy Act of 1969; and (3) the letter transmitting each completed study to the Congress to contain a recommendation regarding the Secretary's preferred management option for the area. Requires the Secretary to submit to such Committees, along with the annual budget, a list of areas which have been previously studied which contain primarily historical resources, and a list of areas which have been previously studied which contain primarily natural resources, in numerical order of priority for addition to the NPS. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Marine Scholarship Act of 2005''. SEC. 2. NATIONAL MARINE SCHOLARSHIP PROGRAM. (a) Definitions.--In this section: (1) Administration.--The term ``Administration'' means the National Oceanic and Atmospheric Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning that term has under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Program.--The term ``Program'' means the National Marine Scholarship Program established by the Administrator under this section. (b) Establishment of Program.-- (1) Requirement.--The Administrator shall establish a National Marine Scholarship Program that is designed to recruit and prepare students for careers in the fields of marine science. Under the program, the Secretary shall award scholarships for those academic programs and fields of study described in the list made available under subsection (d). (2) Employment obligation.--As a condition of the award of each scholarship under the Program, the Administrator shall require the recipient to enter into a contractual agreement under which the individual is obligated to serve as a full-time employee of the Administration in a position needed by the Administration and for which the individual is qualified, for a period of time to be determined by the Administrator and stated in the contractual agreement. If a full-time equivalent position is not available within the Administration at the time the scholarship recipient is obligated begin their employment, the scholarship recipient may fulfill such employment obligation in a full-time position in another Federal agency with administrative jurisdiction over programs relating to the marine environment that is approved by the Administrator. (c) Eligibility Criteria.--In order to be eligible for a scholarship under the program, an individual must-- (1) be enrolled or accepted for enrollment as a full-time graduate student at an institution of higher education in an academic program and field of study described in the list made available under subsection (d); (2) be a United States citizen or national or a permanent resident of the United States; and (3) at the time of the initial scholarship award, not be an employee of the Administration. (d) Eligible Academic Programs and Fields of Study.--The Administrator shall make publicly available a list of academic programs and fields of study for which scholarships under this section may be used, and shall update the list as necessary. (e) Competitive Award Process.-- (1) In general.--Under the Program, the Administrator shall award scholarships to individuals who are selected through a competitive process-- (A) under which awards are made primarily on the basis of academic merit; (B) in which consideration is given to promoting the participation in the Program by individuals referred to in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a, 1885b); and (C) in which consideration may be given to financial need. (2) Application.--An individual seeking a scholarship under this section shall submit an application to the Administrator at such time, in such manner, and containing such information, agreements, or assurances as the Administrator may require. (f) Scholarship Limits.-- (1) Number of academic years.--An individual may not receive a scholarship under this section for a masters degree program for more than 2 academic years, or for a doctorate program for more than 4 academic years, except as specifically authorized by a waiver issued by the Administrator. (2) Dollar amount.--The dollar amount of a scholarship under this section shall not exceed the cost of attendance, as such cost is determined in accordance with section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087). (3) Use.--Amounts received as a scholarship under this section may be expended only for tuition, fees, and other expenses authorized by regulations issued by the Administrator. (4) Payment of scholarship amounts.--The Administrator may enter into a contractual agreement with an institution of higher education with respect to which a scholarship is provided under this section, under which the amounts provided as the scholarship for tuition, fees, and other authorized expenses are paid directly to the institution. (g) Period of Service Under Employment Obligation.-- (1) General requirement.--Except as provided in subsection (i)(2), the period of service for which an individual shall be obligated to serve as an employee of the Administration pursuant to this section shall be determined by the Administrator in accordance with subsection (b)(2). (2) Beginning of service.-- (A) General rule.--Except as provided in subparagraph (B), obligated service under subsection (b)(2) shall begin not later than 60 days after the date on which individual obtains the educational degree for which the scholarship was provided. (B) Deferral.--The Administrator may defer the beginning of obligated service under subsection (b)(2) if the Administrator determines that such a deferral is appropriate. The Administrator shall by regulation prescribe the terms and conditions under which a service obligation may be deferred under this subparagraph. (h) Repayment.-- (1) Failure to perform academically.-- (A) Breach of obligation.--A recipient of a scholarship under this section shall be in breach of the recipient's contractual agreement under this section if the recipient-- (i) fails to maintain a high level of academic standing, as defined by the Administrator by regulation; (ii) is dismissed from the recipient's educational institution for disciplinary reasons; or (iii) voluntarily terminates academic training before graduation from the educational program for which the scholarship was awarded. (B) Penalty.--A recipient of a scholarship who under subparagraph (A) is in breach of the recipient's contractual agreement-- (i) shall be liable to the United States for repayment, within 2 years after the date of the breach, of all amounts paid under the scholarship to the recipient or to an institution of higher education on the recipient's behalf; and (ii) shall not be required to fulfill any employment obligation under such agreement. (2) Failure to fulfill employment obligation.-- (A) Breach of obligation.--A recipient of a scholarship under this section shall be in breach of the recipient's contractual agreement under this section if the recipient-- (i) fails to begin or complete the recipient's employment obligation under this section; or (ii) fails to comply with the terms and conditions of deferment established by the Administrator pursuant to subsection (g)(2)(B). (B) Penalty.--A recipient of a scholarship who under subparagraph (A) is in breach of the recipient's contractual agreement shall be liable for payment to the United States, within 3 years, of an amount equal to-- (i) the total amount of scholarships received by such individual under this section; plus (ii) interest on the total amount of such scholarships at a rate that is equivalent to the rate of interest that would apply under section 427A of the Higher Education Authorization Act of 1965 if the scholarships were loans to cover the cost of education (as that term is used in that section). (i) Cancellation or Waiver.-- (1) In general.--Any obligation of an individual incurred under this section for service or payment shall be canceled upon the death of the individual. (2) Waiver or suspension of any obligation by administrator.--The Administrator shall by regulation provide for the partial or total waiver or suspension of any obligation of employment or payment incurred by an individual under this section (including any contractual agreement under this section), if-- (A) compliance by the individual is impossible or would involve extreme hardship to the individual; or (B) enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government. (j) Report to Congress.--Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Administrator shall transmit a report to the Congress that addresses each of the following: (1) The effectiveness of the National Marine Scholarship Program established under this section in increasing the number of marine science-related service professionals. (2) The effectiveness of such program in preparing scholarship recipients for temporary jobs within the Administration or other marine-related Federal agencies. (k) Deadline for Regulations.--The Administrator shall issue such regulations as are necessary to carry out this section by not later than 90 days after the date of the enactment of this Act. (l) Authorization of Appropriations.--Of the amounts authorized for each of fiscal years 2005 through 2010 for programs administered by the National Oceanic and Atmospheric Administration, $5,000,000 shall be available for the National Marine Scholarship Program established under this section.", "summary": "National Marine Scholarship Act of 2005 - Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a National Marine Scholarship Program for graduate students in the fields of marine science. Requires scholarship recipients to agree to serve, for a certain period after their masters or doctoral program, as a full-time employee of NOAA or another Federal agency with programs related to the marine environment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Paid Administrative Leave Accountability Act of 2015''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY IMPROVED INTERNAL TRACKING AND REPORTING OF ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS. (a) In General.--Title I of the Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101 et seq.) is amended by adding at the end the following new section: ``SEC. 104. INTERNAL TRACKING AND REPORTING OF ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS. ``(a) Internal Reporting.--Not later than 90 days after the date of the enactment of the DHS Paid Administrative Leave Accountability Act of 2015, and quarterly thereafter, the head of each component of the Department shall submit to the Chief Human Capital Officer of the Department-- ``(1) the number of employees of the component who had been on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for a period of 6 consecutive months or longer as of the last day of the period covered by the report; ``(2) the total cost to the component associated with such administrative leave and such paid non-duty status (including salary and benefits) for the period covered by the report; and ``(3) the average duration that employees are placed on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for a period of 6 consecutive months or longer, as of the last day of the period covered by the report for the component. ``(b) CHCO Tracking.--The Chief Human Capital Officer shall-- ``(1) maintain records of the number of employees of the Department who are placed on administrative leave or paid non- duty status without charge to leave for personnel matters and the costs (including salary and benefits) associated with such leave or non-duty status; and ``(2) in consultation with the head of each of the components of the Department, determine any appropriate actions to be taken by the Department to resolve any personnel matter objectively, appropriately, and expeditiously or to reduce the use of administrative leave and paid non-duty status without charge to leave in addressing any personnel matter. ``(c) Personnel Matters Defined.--In this section, the term `personnel matters' means, with respect to an employee, any personnel investigation (including any investigation into misconduct and any national security or suitability investigation), any criminal matter, or any adverse action proposed or taken by the Department, including any action under chapter 75 of title 5, United States Code. ``(d) Leverage of Existing Systems.--In carrying out this section, the Secretary is encouraged to leverage systems and operations in use on the date of enactment of the DHS Paid Administrative Leave Accountability Act of 2015 to implement the requirements of this section.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 103 the following new item: ``Sec. 104. Internal tracking and reporting of administrative leave for personnel matters.''. SEC. 3. DEPARTMENT OF HOMELAND SECURITY POLICY RELATING TO EMPLOYEES ON ADMINISTRATIVE LEAVE. By not later than 90 days after the date of the enactment of this Act, the Chief Human Capital Officer of the Department of Homeland Security shall develop and implement a Department-wide policy in accordance with existing Federal guidance specifically related to the use of administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters. Such policy shall include the responsibilities of the components of the Department for reporting information relating to such administrative leave and such paid non-duty status to the Chief Human Capital Officer, as required under section 104(a) of the Homeland Security Act of 2002 (Public Law 107-296), as added by section 2. Such policy shall provide guidance on expediting the resolution of a personnel matter for which an employee has been on administrative leave or any other type of paid non-duty status without charge to leave for a period of 6 consecutive months or longer in an objective and appropriate manner. SEC. 4. REPORTS TO CONGRESS ON DEPARTMENT OF HOMELAND SECURITY EMPLOYEES ON ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS. (a) Quarterly Reports.--Not later than 30 days after the last day of each calendar quarter of 2016, 2017, and 2018, the Chief Human Capital Officer of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the number of Department employees on administrative leave, and any other type of paid non-duty status without charge to leave, for personnel matters for a period of 6 consecutive months or longer as of the last day of the quarter covered by the report. Each such report shall include-- (1) the costs to the Department associated with the placement of such employees on administrative leave or such paid non-duty status (including salary and benefits) for the period covered by the report; and (2) a description of any actions taken by the Department to resolve any personnel matter for which an employee has been placed on administrative leave or paid non-duty status without charge to leave. (b) Personnel Matters.--In this section, the term ``personnel matters'' has the meaning given such term in section 104(c) of the Homeland Security Act of 2002 (Public Law 107- 296), as added by section 2. Passed the House of Representatives June 23, 2015. Attest: KAREN L. HAAS, Clerk.", "summary": "(This measure has not been amended since it was reported to the House on June 17, 2015. DHS Paid Administrative Leave Accountability Act of 2015 (Sec. 2) Amends the Homeland Security Act of 2002 to direct the head of each component of the Department of Homeland Security (DHS), on a quarterly basis, to submit to the Chief Human Capital Officer of DHS (the Chief): (1) the number of employees who had been on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for six consecutive months or longer; (2) the total cost to the component associated with such leave and paid non-duty status for the quarter; and (3) the average duration that employees are placed on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for a period of six consecutive months or longer. Requires the Chief to: (1) maintain records of the number of such employees and the associated costs; and (2) determine appropriate actions to be taken by DHS to resolve any personnel matter objectively, appropriately, and expeditiously or to reduce the use of such leave and paid non-duty status in addressing any personnel matter. Encourages DHS to leverage systems and operations in use on the date of this Act's enactment to implement this Act's requirements. (Sec. 3) Directs the Chief to develop and implement a department-wide policy in accordance with existing federal guidance specifically related to the use of such leave or paid non-duty status for personnel matters. Requires such policy to: (1) include the responsibilities of the DHS components for reporting information relating to such administrative leave and such paid non-duty status to the Chief, and (2) provide guidance on expediting the resolution of a personnel matter for which an employee has been on administrative leave or any other type of paid non-duty status without charge to leave for a period of six consecutive months or longer in an objective and appropriate manner. (Sec. 4) Directs the Chief to submit a report after each calendar quarter of 2016-2018 on the number of DHS employees on such leave or paid non-duty status for personnel matters for six consecutive months or longer. Requires each such report to include: (1) the costs to DHS associated with the placement of such employees on administrative leave or such paid non-duty status (including salary and benefits) for the period covered by the report; and (2) a description of any actions taken by DHS to resolve any personnel matter for which an employee has been placed on administrative leave or paid non-duty status without charge to leave."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Made For Hire and Copyright Corrections Act of 2000''. SEC. 2. WORK MADE FOR HIRE. (a) Definition.--The definition of ``work made for hire'' contained in section 101 of title 17, United States Code, is amended-- (1) in paragraph (2), by striking ``as a sound recording,''; and (2) by inserting after paragraph (2) the following: ``In determining whether any work is eligible to be considered a work made for hire under paragraph (2), neither the amendment contained in section 1011(d) of the Intellectual Property and Communications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-113, nor the deletion of the words added by that amendment-- ``(A) shall be considered or otherwise given any legal significance, or ``(B) shall be interpreted to indicate congressional approval or disapproval of, or acquiescence in, any judicial determination, by the courts or the Copyright Office. Paragraph (2) shall be interpreted as if both section 2(a)(1) of the Work Made For Hire and Copyright Corrections Act of 2000 and section 1011(d) of the Intellectual Property and Communications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-113, were never enacted, and without regard to any inaction or awareness by the Congress at any time of any judicial determinations.''. (b) Effective Date.-- (1) Effective date.--The amendments made by this section shall be effective as of November 29, 1999. (2) Severability.--If the provisions of paragraph (1), or any application of such provisions to any person or circumstance, is held to be invalid, the remainder of this section, the amendments made by this section, and the application of this section to any other person or circumstance shall not be affected by such invalidation. SEC. 3. OTHER AMENDMENTS TO TITLE 17, UNITED STATES CODE. (a) Amendments to Chapter 7.--Chapter 7 of title 17, United States Code, is amended as follows: (1) Section 710, and the item relating to that section in the table of contents for chapter 7, are repealed. (2) Section 705(a) is amended to read as follows: ``(a) The Register of Copyrights shall ensure that records of deposits, registrations, recordations, and other actions taken under this title are maintained, and that indexes of such records are prepared.''. (3)(A) Section 708(a) is amended to read as follows: ``(a) Fees.--Fees shall be paid to the Register of Copyrights-- ``(1) on filing each application under section 408 for registration of a copyright claim or for a supplementary registration, including the issuance of a certificate of registration if registration is made; ``(2) on filing each application for registration of a claim for renewal of a subsisting copyright under section 304(a), including the issuance of a certificate of registration if registration is made; ``(3) for the issuance of a receipt for a deposit under section 407; ``(4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document; ``(5) for the filing, under section 115(b), of a notice of intention to obtain a compulsory license; ``(6) for the recordation, under section 302(c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302(d), of a statement relating to the death of an author; ``(7) for the issuance, under section 706, of an additional certificate of registration; ``(8) for the issuance of any other certification; and ``(9) for the making and reporting of a search as provided by section 705, and for any related services. The Register is authorized to fix fees for other services, including the cost of preparing copies of Copyright Office records, whether or not such copies are certified, based on the cost of providing the service.''. (B) Section 708(b) is amended-- (i) by striking the matter preceding paragraph (1) and inserting the following: ``(b) Adjustment of Fees.--The Register of Copyrights may, by regulation, adjust the fees for the services specified in paragraphs (1) through (9) of subsection (a) in the following manner:''; (ii) in paragraph (1), by striking ``increase'' and inserting ``adjustment''; (iii) in paragraph (2), by striking ``increase'' the first place it appears and inserting ``adjust''; and (iv) in paragraph (5), by striking ``increased'' and inserting ``adjusted''. (b) Conforming Amendment.--Section 121(a) of title 17, United States Code, is amended by striking ``sections 106 and 710'' and inserting ``section 106''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Carry-over of existing fees.--The fees under section 708(a) of title 17, United States Code, on the date of the enactment of this Act shall be the fees in effect under section 708(a) of such title on the day before such date of enactment. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Requires the Register of Copyrights to ensure that records of deposits, registrations, recordations, and other related actions taken under copyright provisions are maintained and that indexes of such records are prepared. (Currently, the Register is required to keep such records in the Copyright Office and to prepare such indexes.) Revises Copyright Office fee provisions. Authorizes the Register to adjust (currently, increase) such fees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Colleges and Universities Faculty Loan Forgiveness Act''. SEC. 2. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH IN TRIBAL COLLEGES OR UNIVERSITIES. (a) Perkins Loans.-- (1) Amendment.--Section 465(a) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)) is amended-- (A) in paragraph (2)-- (i) in subparagraph (H), by striking ``or'' after the semicolon; (ii) in subparagraph (I), by striking the period and inserting ``; or''; and (iii) by adding at the end the following: ``(J) as a full-time faculty member at a Tribal College or University as defined in section 316(b).''; and (B) in paragraph (3)(A)(i), by striking ``or (I)'' and inserting ``(I), or (J)''. (2) Effective date.--The amendments made by paragraph (1) shall be effective for service performed during academic year 2005-2006 and succeeding academic years, notwithstanding any contrary provision of the promissory note under which a loan under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.) was made. (b) FFEL and Direct Loans.--Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the following: ``SEC. 493C. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH IN TRIBAL COLLEGES OR UNIVERSITIES. ``(a) Program Authorized.--The Secretary shall carry out a program, through the holder of a loan, of assuming or canceling the obligation to repay a qualified loan amount, in accordance with subsection (b), for any new borrower on or after the date of enactment of the Tribal Colleges and Universities Faculty Loan Forgiveness Act, who-- ``(1) has been employed as a full-time faculty member at a Tribal College or University as defined in section 316(b); and ``(2) is not in default on a loan for which the borrower seeks repayment or cancellation. ``(b) Qualified Loan Amounts.-- ``(1) Percentages.--Subject to paragraph (2), the Secretary shall assume or cancel the obligation to repay under this section-- ``(A) 15 percent of the amount of all loans made, insured, or guaranteed after the date of enactment of the Tribal Colleges and Universities Faculty Loan Forgiveness Act to a student under part B or D, for the first or second year of employment described in subsection (a)(1); ``(B) 20 percent of such total amount, for the third or fourth year of such employment; and ``(C) 30 percent of such total amount, for the fifth year of such employment. ``(2) Maximum.--The Secretary shall not repay or cancel under this section more than $15,000 in the aggregate of loans made, insured, or guaranteed under parts B and D for any student. ``(3) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a loan made, insured, or guaranteed under part B or D for a borrower who meets the requirements of subsection (a), as determined in accordance with regulations prescribed by the Secretary. ``(c) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(d) Effect on Section.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(e) Prevention of Double Benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(f) Definition.--For purposes of this section, the term `year', when applied to employment as a faculty member, means an academic year as defined by the Secretary.''. SEC. 3. LOAN REPAYMENT FOR NURSING INSTRUCTORS AT TRIBAL COLLEGES OR UNIVERSITIES. Section 846(a)(3) of the Public Health Service Act (42 U.S.C. 297n(a)(3)) is amended-- (1) by striking ``(3)'' and inserting ``(3)(A)''; (2) by inserting ``or'' after the semicolon; and (3) by adding at the end the following: ``(B) who is a nursing instructor at a tribally controlled college or university (as such term is defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801), or any institution listed in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note));''. SEC. 4. AMOUNTS FORGIVEN NOT TREATED AS GROSS INCOME. The amount of any loan that is assumed or canceled under an amendment made by this Act shall not, consistent with section 108(f) of the Internal Revenue Code of 1986, be treated as gross income for Federal income tax purposes.", "summary": "Tribal Colleges and Universities Faculty Loan Forgiveness Act - Amends the Higher Education Act of 1965 to provide for the cancellation of a specified percentage of the total amount of any Federal Perkins loan, Federal Family Education loan, or direct student loan for each year of employment (up to five) as a full-time faculty member at a tribal college or university if the borrower is not in default on such loan. Requires the Secretary to assume or cancel the obligation to repay: (1) 15% of the amount of all such loans made, insured, or guaranteed after enactment of this Act to a student for the first or second year of employment; (2) 20% for the third or fourth year of such employment; and (3) 30% for the fifth year. Limits the total amount of loan repayment or cancellation per student to $15,000. Allows for repayment or cancellation of consolidation loans only to the extent of the qualified student loans involved. Prohibits a borrower from receiving, for the same service, both a benefit from this Act and a benefit from the National Community Service Act of 1990. Amends the Public Health Service Act to provide for repayment by the Secretary of Health and Human Services of educational loans for nurse training costs on behalf of nursing instructors at tribal colleges or universities, or any land-grant institution listed in the Equity in Educational Land-Grant Status Act of 1994. Provides that the amount of any loan forgiven under this Act shall not be treated as gross income for federal tax purposes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Flood Insurance Program Commitment to Policyholders and Reform Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the amount of the flood insurance claims resulting from Hurricane Katrina and Hurricane Rita will likely exceed the aggregate amount of all claims previously paid in the history of the national flood insurance program, and will require an increase in the program's borrowing authority; (2) flood insurance policyholders have a legitimate expectation that they will receive fair and timely compensation for losses covered under their policies; (3) substantial flooding has occurred, and will likely occur again, outside of the areas designated as the 100-year floodplain; (4) to adequately and correctly assess potential flood damage and losses in all areas on the United States, the national flood insurance program will need to update its flood maps with the latest technology; (5) the maximum coverage limits for flood insurance policies should be increased to reflect inflation and the increased cost of housing; (6) significant reforms to the national flood insurance program required in the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 have yet to be implemented; and (7) despite reforms required in the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, the national flood insurance program requires a modernized and updated administrative model to ensure that the people of the United States have continued access to flood insurance. (b) Purposes.--The purposes of this Act are-- (1) to protect the integrity of the national flood insurance program by fully funding existing legal obligations expected by existing policyholders who have paid policy premiums in return for flood insurance coverage; (2) to increase incentives for homeowners and communities to participate in the national flood insurance program and to improve oversight to ensure full participation in the program for owners of properties for which such participation is mandatory; (3) to increase awareness of homeowners of flood risks and improve the quality of information regarding such risks provided to homeowners; and (4) to better mitigate future flood damage risks through a combination of enhanced protective measures, property elevation, and buyouts of flood-prone properties. SEC. 3. STUDY REGARDING MANDATORY PURCHASE REQUIREMENT FOR 500-YEAR FLOODPLAIN AND REPORTS REGARDING FLOOD MAP MODERNIZATION. (a) Study Regarding Mandatory Purchase Requirement for 500-Year Floodplain.-- (1) In general.--The Comptroller General of the United States shall conduct a study regarding the impact, effectiveness, and feasibility of amending the provisions of the Flood Disaster Protection Act of 1973 regarding the properties that are subject to the mandatory flood insurance coverage purchase requirements under such Act to extend such requirements to all properties located in the 500-year floodplain. (2) Issues.--The study under this subsection shall assess-- (A) the regulatory, financial and economic impacts of extending such requirements on the costs of homeownership, the actuarial soundness of the national flood insurance program, the Federal Emergency Management Agency, local communities, insurance companies, and local land use; (B) the effectiveness of extending such requirements in protecting homeowners from financial loss and in protecting the financial soundness of the national flood insurance program, and the effectiveness of extending such requirements in comparison with providing for more effective enforcement of existing mandatory flood insurance purchase requirements; (C) the feasibility of extending such requirements taking into consideration the need for identifying and mapping the 500-year floodplain; (D) any liability on the part of lenders to comply with or enforce such extended requirements; (E) any burdens on building officials and flood plain managers to implement such requirements in the expanded area; (F) any increased burden on the Federal Emergency Management Agency to make determinations on exemptions to the floodplain and approval of local decisions; (G) the effects of extending such requirements on existing policy holders of flood insurance coverage for properties located in the 100-year floodplain, including the effects on continued compliance and premium rates; and (H) the effects of extending such requirements on the ability of homeowners to make renovations to their homes. (3) Report.--The Comptroller General shall submit a report to the Congress regarding the results and conclusions of the study under this subsection not later than the expiration of the 6-month period beginning on the date of the enactment of this Act. (b) Annual Flood Map Modernization Reports and Certification of Completion.-- (1) In general.--During the period that ends upon the completion by the Director of the Federal Emergency Management Agency of the updating and modernization of all floodplain areas and flood-risk zones, the Director shall submit a report annually to the Congress describing the extent to which such updating and modernization has been completed. Upon the completion of such updating, the Director shall submit to the Congress, and cause to be published in the Federal Register, a report certifying such completion. (2) Timing.--The first report under this subsection shall be submitted not later than June 30, 2006, and successive reports required under this subsection during the period referred to in paragraph (1) shall be submitted not later than June 30 of each year during such period. SEC. 4. ENFORCEMENT. Paragraph (5) of section 102(f) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended-- (1) by striking ``$350'' and inserting ``$2,000''; and (2) by striking the last sentence. SEC. 5. REITERATION OF FEMA RESPONSIBILITIES UNDER 2004 REFORM ACT. (a) Appeals Process.--As directed in section 205 of the Bunning- Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note), the Director of the Federal Emergency Management Agency is again directed to, not later than 90 days after the date of the enactment of this Act, establish an appeals process through which holders of a flood insurance policy may appeal the decisions, with respect to claims, proofs of loss, and loss estimates relating to such flood insurance policy as required by such section. (b) Minimum Training and Education Requirements.--The Director of the Federal Emergency Management Agency is directed to enforce the minimum training and education requirements for all insurance agents who sell flood insurance policies that have been established under the notice published September 1, 2005 (70 Fed. Reg. 52117) pursuant to section 207 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note). (c) Mitigation Programs.--Not later than the expiration of the 30- day period beginning on the date of the enactment of this Act, the Director of the Federal Emergency Management Agency shall issue regulations necessary to implement the amendments made by sections 102, 103, 104, and 105 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (118 Stat. 714 et seq.). (d) Report.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Director of the Federal Emergency Management Agency shall submit a report to the Congress describing the implementation of each provision of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (Public Law 108-264) and identifying each regulation, order, notice, and other material issued by the Director in implementing each such provision. SEC. 6. MAXIMUM COVERAGE LIMITS. Subsection (b) of section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(b)) is amended-- (1) in paragraph (2), by striking ``$250,000'' and inserting ``$335,500''; (2) in paragraph (3), by striking ``$100,000'' and inserting ``$135,000''; and (3) in paragraph (4), by striking ``$500,000'' each place such term appears and inserting ``$670,700''. SEC. 7. COVERAGE FOR ADDITIONAL LIVING EXPENSES AND BUSINESS INTERRUPTION. Subsection (b) of section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(6) in the case of any residential property, each renewal or new contract for flood insurance coverage shall provide not less than $1,000 aggregate liability per dwelling unit for any necessary increases in living expenses incurred by the insured when losses from a flood make the residence unfit to live in, which coverage shall be available only at chargeable rates that are not less than the estimated premium rates for such coverage determined in accordance with section 1307(a)(1); ``(7) in the case of any residential property, coverage for additional living expenses described in paragraph (6) shall be made available to every insured upon renewal and every applicant in excess of the limits provided in paragraph (6) in such amounts and at such rates as the Director shall establish, except that such chargeable rates shall not be less than the estimated premium rates for such coverage determined in accordance with section 1307(a)(1); and ``(8) in the case of any commercial property, optional coverage for losses resulting from any partial or total interruption of the insured's business caused by damage to, or loss of, such property from a flood shall be made available to every insured upon renewal and every applicant, except that-- ``(A) for purposes of such coverage, losses shall be determined based on the profits the covered business would have earned, based on previous financial records, had the flood not occurred; and ``(B) such coverage shall be made available only at chargeable rates that are not less than the estimated premium rates for such coverage determined in accordance with section 1307(a)(1).''. SEC. 8. INCREASE IN BORROWING AUTHORITY. (a) Borrowing Authority.--The first sentence of subsection (a) of section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)), as amended by the National Flood Insurance Program Enhanced Borrowing Authority Act of 2005 (Public Law 109-65; 119 Stat. 1998), is amended by striking ``$3,500,000,000'' and inserting ``$22,000,000,000''. (b) FEMA Report.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Director of the Federal Emergency Management Agency shall submit a report to the Congress setting forth a plan for repaying any amounts borrowed pursuant to increase in borrowing authority authorized under the amendments made by subsection (a). SEC. 9. CLARIFICATION OF REPLACEMENT COST PROVISIONS, FORMS, AND POLICY LANGUAGE. Not later than the expiration of the 3-month period beginning on the date of the enactment of this Act, the Director of the Federal Emergency Management Agency shall-- (1) issue regulations, and revise any materials made available by such Agency, to clarify the applicability of replacement cost coverage under the national flood insurance program; (2) revise any regulations, forms, notices, guidance, and publications relating to the full cost of repair or replacement under the replacement cost coverage to more clearly describe such coverage to flood insurance policyholders and information to be provided by such policyholders relating to such coverage, and to avoid providing misleading information to such policyholders; and (3) revise the language in standard flood insurance policies under such program regarding rating and coverage descriptions in a manner that is consistent with language used widely in other homeowners and property and casualty insurance policies, including such language regarding classification of buildings, basements, crawl spaces, detached garages, enclosures below elevated buildings, and replacement costs. SEC. 10. FEMA REPORTS ON FINANCIAL STATUS OF INSURANCE PROGRAM. Section 1320 of the National Flood Insurance Act of 1968 (42 U.S.C. 4027) is amended-- (1) in the section heading, by striking ``REPORT TO THE PRESIDENT'' and inserting ``REPORTS''; (2) in subsection (a), by striking ``In General'' and inserting ``Biennial Report to President'' ; and (3) by adding at the end the following new subsection: ``(c) Semiannual Reports to Congress on Financial Status.--Not later than June 30 and December 31 of each year, the Director shall submit a report to the Congress regarding the financial status of the national flood insurance program under this title. Each such report shall describe the financial status of the National Flood Insurance Fund and current and projected levels of claims, premium receipts, expenses, and borrowing under the program.''. SEC. 11. NOTICE OF AVAILABILITY OF FLOOD INSURANCE IN RESPA GOOD FAITH ESTIMATE. Subsection (c) of section 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604(c)) is amended by adding at the end the following new sentence: ``Each such good faith estimate shall include a conspicuous statement that flood insurance coverage for residential real estate is generally available under the National Flood Insurance Program whether or not the real estate is located in an area having special flood hazards and that, to obtain such coverage, a home owner or purchaser should contact a hazard insurance provider.''. SEC. 12. ELIGIBILITY OF PROPERTY DEMOLITION AND REBUILDING FOR MITIGATION ASSISTANCE PROGRAM. Subparagraph (B) of section 1366(e)(5) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(e)(5)(B)) is amended by inserting before the semicolon at the end the following: ``, or the demolition and rebuilding of structures located in such areas to at least Base Flood Elevation or any higher elevation required by any local ordinance''. SEC. 13. AUTHORIZATION OF ADDITIONAL FEMA STAFF. Notwithstanding any other provision of law, the Director of the Federal Emergency Management Agency may employ such additional staff of such Agency as may be necessary to carry out all of the responsibilities of the Director pursuant to this Act and the amendments made by this Act. There are authorized to be appropriated to Director such sums as may be necessary for costs of employing such additional staff.", "summary": "National Flood Insurance Program Commitment to Policyholders and Reform Act of 2005 - (Sec. 3) Directs the Comptroller General to study and report to Congress on whether the mandatory flood insurance coverage purchase requirements of the Flood Disaster Protection Act of 1973 should extend to properties located in the 500-year floodplain. Requires the Director of the Federal Emergency Management Agency (FEMA) to report annually to Congress on the extent to which updating and modernization of all floodplain areas and flood-risk zones has been completed. (Sec. 4) Amends the Flood Disaster Protection Act of 1973 to: (1) increase from $350 to $2,000 the civil monetary penalty for mortgage lender failures to require flood insurance; and (2) eliminate the $100,000 cap on the total amount of such penalties assessed against any single regulated lending institution or enterprise during any calendar year. (Sec. 5) Requires the FEMA Director to: (1) establish an appeals process through which holders of a flood insurance policy may appeal decisions on claims, proofs of loss, and loss estimates relating to such flood insurance policy; (2) enforce the minimum training and education requirements for insurance agents who sell certain flood insurance policies; (3) issue regulations to implement specified requirements of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004; and (4) identify for Congress each regulation, order, notice, and other material issued by the Director to implement each provision of such Act. (Sec. 6) Amends the National Flood Insurance Act of 1968 to increase the maximum flood insurance coverage limits for residential property. (Sec. 7) Prescribes coverage of additional living expenses and business interruption. (Sec. 8) Increases from $3.5 billion to $22 billion the borrowing authority vested in the Director. Requires the Director to report to Congress a plan for repaying any amounts borrowed pursuant to such increase. (Sec. 9) Instructs the Director to: (1) issue regulations and revise materials to clarify replacement cost coverage under the national flood insurance program; and (2) revise regulations, forms, notices, guidance, and publications regarding the full cost of repair or replacement under the replacement cost coverage to more clearly describe such coverage and to avoid providing misleading information to policyholders. (Sec. 10) Requires the Director to report semi-annually to Congress on the financial status of the national flood insurance program. (Sec. 11) Amends the Real Estate Settlement Procedures Act of 1974 to require a good faith estimate to include a conspicuous statement that flood insurance coverage for residential real estate is generally available under the National Flood Insurance Program whether or not the real estate is located in an area having special flood hazards and that, to obtain such coverage, a home owner or purchaser should contact a hazard insurance provider. (Sec. 12) Amends the National Flood Insurance Act of 1968 to include among eligible mitigation plan activities the demolition and rebuilding of structures located in areas having special flood hazards to at least Base Flood Elevation or any higher elevation required by any local ordinance. (Sec. 13) Authorizes the Director to employ additional FEMA staff."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire, Train, Retain Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) As of June 2011 9.2 percent of all Americans eligible to work were unemployed, or 14.1 million people. (2) There are millions of workers who were displaced during the recent ``Great Recession'' who need to be re-trained so that they can re-integrate into the workforce. According to the bi-annual Displaced Workers Survey, the unemployment rate was 4.5 percent in 2007 before spiking to nearly 10 percent in 2010. (3) Often overlooked are the 982,000 discouraged workers, people who are not looking for work because they do not believe that they are qualified for any available jobs. (4) Paradoxically, there are enough jobs available to employ just over 20 percent of these persons--there were 3.0 million job openings on the last business day of May 2011 according to the Bureau of Labor Statistics. (5) The disconnect is that many people searching for work lack the job-specific skills that they need to be competitive for many of these vacancies. Specifically, technology is outpacing the country's current approach to job-related education and training. The difference between white collar and blue collar jobs is fading because traditionally ``blue collar jobs'' are more specialized than ever before. SEC. 3. PAYROLL TAX FORGIVENESS FOR HIRING AND TRAINING WORKERS. (a) In General.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Exemption for Certain Individuals Hired in Between 2011 and 2015.-- ``(1) In general.--During the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2015, subsection (a) shall not apply to wages paid by a qualified employer with respect to employment of any qualified individual for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Qualified employer.--For purposes of this subsection-- ``(A) In general.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing that provides a qualified job training program for or on behalf its employees. ``(B) Treatment of employees of post-secondary educational institutions.--Notwithstanding subparagraph (A), the term `qualified employer' includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965). ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after the date of the enactment of this subsection and before January 1, 2016, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ``(C) certifies by signed affidavit, under penalties of perjury, that such individual has satisfactorily completed a qualified job training program, ``(D) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(E) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Qualified job training program.--For purposes of this subsection, the term `qualified job training program' means-- ``(A) a program provided by a qualified employer that is in-house and is specific training for available jobs at such employer, or ``(B) a program under which a qualified employer partners with a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965) to provide specific training for available jobs at such employer. ``(5) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (b) Coordination With Work Opportunity Credit.--Section 51(c) of such Code is amended by adding at the end the following new paragraph: ``(6) Coordination with payroll tax forgiveness for hiring and training workers.--The term `wages' shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(e)(3)) during the 1-year period beginning on the hiring date of such individual by a qualified employer (as defined in section 3111(e)) unless such qualified employer makes an election not to have section 3111(e) apply.''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers that would have occurred to such Trust Fund had such amendments not been enacted. (d) Application to Railroad Retirement Taxes.-- (1) In general.--Section 3221 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Special Rate for Certain Individuals Hired in Between 2011 and 2015.-- ``(1) In general.--In the case of compensation paid by a qualified employer during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2015, with respect to having a qualified individual in the employer's employ for services rendered to such qualified employer, the applicable percentage under subsection (a) shall be equal to the rate of tax in effect under section 3111(b) for the calendar year. ``(2) Qualified employer.--For purposes of this subsection, the term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing that provides a qualified job training program for or on behalf its employees. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after the date of the enactment of this subsection and before January 1, 2016, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ``(C) certifies by signed affidavit, under penalties of perjury, that such individual has satisfactorily completed a qualified job training program, ``(D) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(E) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Qualified job training program.--For purposes of this subsection, the term `qualified job training program' means-- ``(A) a program provided by a qualified employer that is in-house and is specific training for available jobs at such employer, or ``(B) a program under which a qualified employer partners with a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965) to provide specific training for available jobs at such employer. ``(5) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (2) Transfers to social security equivalent benefit account.--There are hereby appropriated to the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Account had such amendments not been enacted. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this subsection shall apply to wages paid after the date of the enactment of this Act. (2) Railroad retirement taxes.--The amendments made by subsection (d) shall apply to compensation paid after the date of the enactment of this Act. SEC. 4. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS IN 2011. (a) In General.--In the case of any taxable year ending after the date of the enactment of this Act, the current year business credit determined under section 38(b) of the Internal Revenue Code of 1986 for such taxable year shall be increased, with respect to each retained worker with respect to which subsection (b)(2) is first satisfied during such taxable year, by the lesser of-- (1) $1,000, or (2) 6.2 percent of the wages (as defined in section 3401(a) of such Code) paid by the taxpayer to such retained worker during the 52 consecutive week period referred to in subsection (b)(2). (b) Retained Worker.--For purposes of this section, the term ``retained worker'' means any qualified individual (as defined in section 3111(e)(3) or section 3221(d)(3) of the Internal Revenue Code of 1986)-- (1) who was employed by the taxpayer on any date during the taxable year, (2) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and (3) whose wages (as defined in section 3401(a)) for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period. (c) Employer Staffing and Payroll Must Increase.--No amount shall be allowed as a credit under this section to an employer for a taxable year unless the employer has a net increase for the taxable year in those who work at least 20 hours per week for the employer during the taxable year and the amount of its payroll during the taxable year. (d) Limitation on Carrybacks.--No portion of the unused business credit under section 38 of the Internal Revenue Code of 1986 for any taxable year which is attributable to the increase in the current year business credit under this section may be carried to a taxable year beginning before the date of the enactment of this section. (e) Treatment of Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of this section (other than this subsection). Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the application of this section (other than this subsection) if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession. (2) Coordination with credit allowed against united states income taxes.--No increase in the credit determined under section 38(b) of the Internal Revenue Code of 1986 against United States income taxes for any taxable year determined under subsection (a) shall be taken into account with respect to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of this section for such taxable year, or (B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection, the term ``possession of the United States'' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, rules similar to the rules of section 1001(b)(3)(C) of the American Recovery and Reinvestment Tax Act of 2009 shall apply.", "summary": "Hire, Train, Retain Act of 2011 - Amends the Internal Revenue Code to: (1) allow non-governmental employers an exemption from, or reduction in, employment taxes during the period beginning on the enactment of this Act and ending on December 31, 2015, for hiring certain unemployed individuals who are trained by such employers in a qualified job training program (an in-house program providing specific training for available jobs offered by such employers), and (2) allow an employer an increase in the business-related tax credit for each worker retained by such employer who was employed on any date during the taxable year for a period of not less than 52 consecutive weeks."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers' Cancer Research Funding Act of 1996''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND ``Sec. 6098. Designation to Breast and Prostate Cancer Research Fund. ``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) In General.--Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $5 or more may designate that $5 shall be paid over to the Breast and Prostate Cancer Research Fund in accordance with the provisions of section 9512. In the case of a joint return of husband and wife having an adjusted income tax liability of $10 or more, each spouse may designate that $5 shall be paid to the fund. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature.'' (b) Breast and Prostate Cancer Research Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9512. BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Breast and Prostate Cancer Research Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Breast and Prostate Cancer Research Fund amounts equivalent to the amounts designated under section 6098. ``(c) Expenditures.--Amounts in the Breast and Prostate Cancer Research Fund shall be available, as provided in appropriation Acts, for purposes of making qualified research grants, to the extent that such amounts exceed the aggregate of all Federal administrative costs attributable to the implementation of section 6098, subsections (a) and (b) of this section, and (with respect to such fund) section 9602. Such amounts shall be used to supplement, not supplant, existing funding for research with respect to breast and prostate cancer. ``(d) Qualified Research Grants.-- ``(1) In general.--For purposes of subsection (c), the term `qualified research grant' means a grant, to a qualified person selected by the National Cancer Institute of the National Institutes of Health by qualified peer review, for the purpose of conducting research with respect to breast or prostate cancer. Such a grant shall be administered by such National Cancer Institute and the amount of such grant shall be determined by such Institute. ``(2) Qualified peer review.--For purposes of paragraph (1), the term `qualified peer review' means peer review described in sections 492 and 492A of the Public Health Service Act.'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Designation of income tax payments to Breast and Prostate Cancer Research Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Breast and Prostate Cancer Research Fund.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.", "summary": "Taxpayers' Cancer Research Funding Act of 1996 - Amends the Internal Revenue Code to allow certain individuals to designate that five dollars (ten dollars in the case of joint returns) be paid over to the Breast and Prostate Cancer Research Fund. Establishes a trust fund to be known as the Breast and Prostate Cancer Research Fund into which such designated amounts shall be deposited."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``MediFair Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Regional inequities in medicare reimbursement has created barriers to care for seniors and the disabled. (2) The regional inequities in medicare reimbursement penalize States that have cost-effective health care delivery systems and rewards those States with high utilization rates and that provide inefficient care. (3) Over a lifetime, those inequities can mean as much as a $50,000 difference in the cost of care provided per beneficiary. (4) Regional inequities have resulted in creating very different medicare programs for seniors and the disabled based on where they live. (5) Because the Medicare+Choice rate is based on the fee- for-service reimbursement rate, regional inequities have allowed some medicare beneficiaries access to plans with significantly more benefits including prescription drugs. Beneficiaries in States with lower reimbursement rates have not benefited to the same degree as beneficiaries in other parts of the country. (6) Regional inequities in medicare reimbursement have created an unfair competitive advantage for hospitals and other health care providers in States that receive above average payments. Higher payments mean that those providers can pay higher salaries in a tight, competitive market. (7) Regional inequities in medicare reimbursement can limit timely access to new technology for beneficiaries in States with lower reimbursement rates. (8) Regional inequities in medicare reimbursement, if left unchecked, will reduce access to medicare services and impact healthy outcomes for beneficiaries. (9) Regional inequities in medicare reimbursement are not just a rural versus urban problem. Many States with large urban centers are at the bottom of the national average for per beneficiary costs. SEC. 3. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE FEE-FOR-SERVICE PROGRAM. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``improving payment equity under the original medicare fee-for-service program ``Sec. 1897. (a) Establishment of System.--Notwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B. ``(b) System Requirements.-- ``(1) Increase for states below the national average.-- Under the system established under subsection (a), if a State average per beneficiary amount for a year is less than the national average per beneficiary amount for such year, then the Secretary (beginning in 2003) shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being equal to the national average per beneficiary amount for such subsequent year. ``(2) Reduction for certain states above the national average to enhance quality care and maintain budget neutrality.-- ``(A) In general.--The Secretary shall ensure that the increase in payments under paragraph (1) does not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if this section had not been enacted by reducing the amount of applicable payments in each State that the Secretary determines has-- ``(i) a State average per beneficiary amount for a year that is greater than the national average per beneficiary amount for such year; and ``(ii) healthy outcome measurements or quality care measurements that indicate that a reduction in applicable payments would encourage more efficient use of, and reduce overuse of, items and services for which payment is made under this title. ``(B) Limitation.--The Secretary shall not reduce applicable payments under subparagraph (A) to a State that-- ``(i) has a State average per beneficiary amount for a year that is greater than the national average per beneficiary amount for such year; and ``(ii) has healthy outcome measurements or quality care measurements that indicate that the applicable payments are being used to improve the access of beneficiaries to quality care. ``(3) Determination of averages.-- ``(A) State average per beneficiary amount.--Each year (beginning in 2002), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary's estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State. ``(B) National average per beneficiary amount.-- Each year (beginning in 2002), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amount determined under subparagraph (A) for the year. ``(4) Definitions.--In this section: ``(A) Applicable payments.--The term `applicable payments' means payments made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. ``(B) State.--The term `State' has the meaning given such term in section 210(h). ``(c) Beneficiaries Held Harmless.--The provisions of this section shall not affect-- ``(1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or ``(2) any liability of the beneficiary with respect to such items and services. ``(d) Regulations.-- ``(1) In general.--The Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section. ``(2) Protecting rural communities.--In promulgating the regulations pursuant to paragraph (1), the Secretary shall give special consideration to rural areas.''. SEC. 4. MEDPAC RECOMMENDATIONS ON HEALTHY OUTCOMES AND QUALITY CARE. (a) Recommendations.--The Medicare Payment Advisory Commission established under section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall develop recommendations on policies and practices that, if implemented, would encourage-- (1) healthy outcomes and quality care under the medicare program in States with respect to which payments are reduced under section 1897(b)(2) of such Act (as added by section 3); and (2) the efficient use of payments made under the medicare program in such States. (b) Submission.--Not later than the date that is 9 months after the date of enactment of this Act, the Commission shall submit to Congress the recommendations developed under subsection (a).", "summary": "MediFair Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a system for making adjustments to the amount of payment to entities and individuals for items and services provided under the original Medicare fee-for-service program under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) for the stated purpose of improving payment equity under such program.Directs the Medicare Payment Advisory Commission to develop recommendations for Congress on policies and practices that, if implemented, would encourage: (1) healthy outcomes and quality care under the Medicare program in States with respect to which payments are reduced under the system under this Act; and (2) the efficient use of payments made under the Medicare program in such States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Transfer Improvements Act of 1993''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The commercialization of technology and industrial innovation are central to the economic, environmental, and social well-being of citizens of the United States. (2) The Government can help United States business to speed the development of new products and processes by entering into Cooperative Research and Development Agreements which make available the assistance of the Federal laboratories to the private sector, but the commercialization of technology and industrial innovation in the United States depends largely upon actions by business. (3) Government action to claim a right of ownership to any invention or other intellectual property developed under a Cooperative Research and Development Agreement can inhibit the establishment of such agreements with business and can prevent the commercialization of technology and industrial innovation by business. (4) The commercialization of technology and industrial innovation in the United States will be enhanced if the ownership of any invention or other intellectual property developed under a Cooperative Research and Development Agreement belongs to a company or companies incorporated in the United States. SEC. 3. TITLE TO INTELLECTUAL PROPERTY ARISING FROM COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS. Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended as follows: (1) In the text of subsection (b) immediately preceding paragraph (1), strike ``Government-operated Federal laboratory, and to the extent provided in an agency-approved joint work statement, a Government-owned contractor-operated laboratory, may'' and insert ``Federal laboratory shall ensure that title to any intellectual property arising from the agreement, except intellectual property developed in whole by a laboratory employee, is assigned to the collaborating party or parties to the agreement in exchange for reasonable compensation to the laboratory, and may''. (2) In subsection (b)(2), strike ``or in part''. (3) Amend subsection (b)(3) to read as follows: ``(3) retain a nonexclusive, nontransferable, irrevocable, paid-up license from the collaborating party or parties for any intellectual property arising from the agreement, and have such license practiced throughout the world by or on behalf of the Government, but shall not, in the exercise of such license, publicly disclose proprietary information related to the license;''. (4) Amend subsection (b)(4) to read as follows: ``(4) retain the right, in accordance with procedures provided in regulations promulgated under this section, to require a collaborating party to grant to a responsible applicant or applicants a nonexclusive, partially exclusive, or exclusive license to use the subject intellectual property in any field of use, on terms that are reasonable under the circumstances, or if the collaborating party fails to grant such a license, to grant the license itself if the laboratory finds that-- ``(A) the collaborating party has not taken, and is not expected to take within a reasonable time, effective steps to achieve practical application of the subject intellectual property in the field of use; ``(B) such action is necessary to meet health or safety needs that are not reasonably satisfied by the collaborating party; ``(C) such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the collaborating party; or ``(D) the collaborating party has not entered into or is in breach of an agreement made pursuant to subsection (c)(4)(B).''. (5) In subsection (d)(2), strike ``and'' at the end; (6) In subsection (d)(3), strike the period at the end and insert ``; and''. (7) At the end of subsection (d), insert the following new paragraph: ``(4) the term `intellectual property rights' means-- ``(A) in the case of government-owned, government- operated Federal laboratories, patents; and ``(B) in the case of government-owned, contractor- operated Federal laboratories, patents, copyrights, and computer chip mask work registrations.''. SEC. 4. DISTRIBUTION OF INCOME FROM INTELLECTUAL PROPERTY RECEIVED BY FEDERAL LABORATORIES. Section 14 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710c) is amended to read as follows: ``SEC. 14. DISTRIBUTION OF INCOME FROM INTELLECTUAL PROPERTY RECEIVED BY FEDERAL AGENCIES OR LABORATORIES. ``(a) In General.-- ``(1) Except as provided in paragraphs (2) and (4), any income received by a Federal agency or laboratory from the licensing or assignment of intellectual property under agreements entered into by Federal laboratories under section 12, and intellectual property of Federal agencies or laboratories licensed under section 207 of title 35, United States Code, or under any other provision of law, shall be retained by the agency or laboratory and shall be disposed of as follows: ``(A)(i) The head of the agency or laboratory or his designee shall pay to the laboratory employee or employees who have assigned their rights in the intellectual property to the United States, to the laboratory operator, or to a collaborating party or parties to a research agreement an amount equal to the sum of-- ``(I) the first $10,000 received by the agency or laboratory from the intellectual property; and ``(II) 15 percent of any income received by the agency or laboratory from the intellectual property in excess of the sum of the amount paid pursuant to item (I) and the value of unreimbursed research and development resources provided by the laboratory under the terms of the agreement. ``(ii) An agency or laboratory may provide appropriate incentives from royalties to laboratory employees who contribute substantially to the technical development of licensed or assigned intellectual property between the time that the intellectual property rights are legally asserted and the time of the licensing or assigning of the intellectual property rights. ``(iii) The agency or laboratory shall retain the income received from intellectual property until the agency or laboratory makes payments to laboratory employees under clause (i) or (ii). ``(B) The balance of the income shall be transferred to the agency's laboratories, with the majority share of the royalties or other income going to the laboratory where the intellectual property originated, and the income so transferred to any such laboratory may be used or obligated by that laboratory during the fiscal year in which it is received or during the succeeding fiscal year-- ``(i) for payment of not more than 15 percent of such income for expenses incidental to the administration and licensing of intellectual property by the agency or laboratory with respect to intellectual property which originated at that laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for intellectual property management and licensing services; ``(ii) to reward scientific, engineering, and technical employees of the laboratory, including developers of sensitive or classified technology, regardless of whether the technology has commercial applications; ``(iii) to further scientific exchange among the laboratories of the agency; or ``(iv) for education and training of employees consistent with the research and development mission and objectives of the agency or laboratory, and for other activities that increase the potential for transfer of the technology of the laboratories of the agency. All income retained by the agency or laboratory after payments have been made pursuant to subparagraphs (A) and (B) that is unobligated and unexpended at the end of the fiscal year succeeding the fiscal year in which the income was received shall be paid into the United States Treasury. ``(2) If, after payments to employees under paragraph (1), the intellectual property income received by an agency and its laboratories in any fiscal year exceeds 5 percent of the budget of the laboratories of the agency for that year, 75 percent of such excess shall be paid to the United States Treasury and the remaining 25 percent may be used or obligated for the purposes described in clauses (i) through (iv) of paragraph (1)(B) during that fiscal year or the succeeding fiscal year. Any income not so used or obligated shall be paid into the United States Treasury. ``(3) Any payment made to an employee under this section shall be in addition to the regular pay of the employee and to any other awards made to the employee, and shall not affect the entitlement of the employee to any regular pay, annuity, or award to which the employee is otherwise entitled or for which the employee is otherwise eligible, or limit the amount thereof. Any payment made under this section to any employee shall continue after the employee leaves the employment of the laboratory or agency. ``(4) A Federal agency receiving income as a result of intellectual property management services performed for another Federal agency or laboratory under section 207 of title 35, United States Code, may retain such income to the extent required to offset the payment of income from intellectual property under paragraph (1)(A)(i), and costs and expenses incurred under paragraph (1)(B)(i), including the cost of foreign protection of the intellectual property of the other agency. All income remaining after payment of the income, costs, and expenses described in the preceding sentence shall be transferred to the agency for which the services were performed, for distribution in accordance with clauses (i) through (iv) of paragraph (1)(B). ``(b) Certain Assignments.--If the intellectual property from which the income is derived was assigned to the Federal agency-- ``(1) by a contractor, grantee, or participant in a cooperative agreement with the agency; or ``(2) by an employee of the agency who was not working in the laboratory at the time the intellectual property was originated; ``the agency unit that was involved in such assignment shall be considered to be a laboratory for purposes of this section. ``(c) Reports.-- ``(1) In making its annual submission to the Congress, each Federal agency shall submit, to the appropriate authorization and appropriations committee of both Houses of the Congress, a summary of the amount of income received from intellectual property and expenditures made (including employee awards) under this section. ``(2) Not later than October 1, 1996, the Comptroller General shall review the effectiveness of the various income- sharing programs established under this section and report to the appropriate committees of the House of Representatives and the Senate, in a timely manner, the Comptroller General's findings, conclusions, and recommendations for improvements in such programs.''. SEC. 5. AMENDMENT TO BAYH-DOLE ACT. Section 210(e) of title 35, United States Code, is amended by inserting ``and the Technology Commercialization Act of 1993'' after ``Federal Technology Transfer Act of 1986''.", "summary": "Technology Transfer Improvements Act of 1993 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 regarding title to intellectual property arising from cooperative research and developments agreements (CRADAs) to: (1) direct Federal laboratories to ensure that such title is assigned to the collaborating parties to the CRADA in exchange for reasonable compensation to the Federal laboratory; (2) authorize a Federal laboratory to retain (and practice on a worldwide basis) a nonexclusive, nontransferable, irrevocable, paid-up license from the collaborating parties for such property; and (3) authorize a Federal laboratory to require a collaborating partner to grant a license to use such property to a responsible applicant. Defines intellectual property rights as: (1) \"patents\" in the case of Government-owned, Government-operated Federal laboratories; and (2) \"patents, copyrights, and computer chip mask work registration\" in the case of Government-owned, contractor-operated Federal laboratories. Sets forth a framework for the distribution of income from intellectual property received by Federal agencies or laboratories. Requires the Comptroller General to report to the Congress on the effectiveness of the income-sharing programs established under this Act. Amends the Bayh-Dole Act to grant this Act precedence over its provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorist Detainees Procedures Act of 2009''. SEC. 2. PROHIBITION OF DETENTION OF UNLAWFUL ENEMY COMBATANTS AT NAVAL STATION, GUANTANAMO BAY, CUBA. As soon as practicable, but by not later than December 31, 2009, the President shall ensure that no person alleged to be an unlawful enemy combatant is detained at Naval Station, Guantanamo Bay, Cuba. SEC. 3. STATUS REVIEWS FOR INDIVIDUALS DETAINED AT GUANTANAMO BAY, CUBA. (a) Status Reviews Required.--In the case of a person described in subsection (b), the status of the person shall be determined by a panel of three military judges in accordance with this section. (b) Person Described.--A person described in this subsection is a person who, as of the date of the enactment of this Act, is detained by the United States at Naval Station, Guantanamo Bay, Cuba, and who is suspected of being an unlawful enemy combatant. (c) Jurisdiction.--The panel of military judges convened to conduct a status review under this section shall have exclusive jurisdiction to determine the status of the person suspected of being an unlawful enemy combatant. (d) Procedure.--A review under this section shall be conducted under the same procedures as are applicable to an investigation under section 832 (article 32) of title 10, United States Code, except that a person whose status is reviewed under subsection (a) shall also be entitled to an interpreter with appropriate security clearance. (e) Military Judges.--To serve as a military judge for purposes of a status review under this section, a military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified for duty as a military judge by the Judge Advocate General of the armed force of which such military judge is a member. (f) Deadline for Review.--Each person described in subsection (b) shall receive a status review under this section by no later than the date that is 120 days after the date of the enactment of this Act, unless a military judge determines that such date should be extended for good cause. (g) Conforming Repeal.--The Detainee Treatment Act of 2005 (title X of Public Law 109-148; 119 Stat. 2742) is amended by striking section 1005 and the Detainee Treatment Act of 2005 (title XIV of Public Law 109-163; 119 Stat. 3474) is amended by striking section 1405. (h) Treatment of Combatant Status Review Tribunals.--A review conducted pursuant to section 1005 of the Detainee Treatment Act of 2005 (title X of Public Law 109-148; 119 Stat. 2742; 10 U.S.C. 801 note), as in effect before the date of the enactment of this Act, shall not satisfy the requirement of subsection (a). SEC. 4. DISPOSITION OF DETAINEES AFTER STATUS REVIEWS. (a) Unlawful Enemy Combatants.-- (1) In general.--Any person who is determined, pursuant to a review under section 3, to be an unlawful enemy combatant shall be-- (A) transferred to a military or civilian detention facility in the United States, charged with a violation of United States or international law, and tried-- (i) by courts-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice); or (ii) in a district court of the United States; (B) transferred to an international tribunal operating under the authority of the United Nations with jurisdiction to hold trials of such person; (C) transferred to a NATO-run detention facility, or to a different country, provided that there are adequate assurances that the person will not be subject to torture in that country, consistent with the obligations of the United States under international law; or (D) held in accordance with the law of armed conflict until the earlier of-- (i) the cessation of the hostilities that are directly related to the person's initial detention; or (ii) such time as the person is determined to no longer be a threat. (2) Charges.--If charges are brought under subsection (a)(1)(A) against a person determined to be an unlawful enemy combatant pursuant to a review under section 3, such charges shall be brought before the end of the 120-day period that begins on the date on which such review is concluded, unless a military judge determines that relevant evidence has become available after the end of such period and that such period should be extended. (b) Other Detainees.--Any person who is determined, pursuant to a review under section 3, not to be an unlawful enemy combatant and who is not suspected of violating any law of the United States or any international law shall be-- (1) transferred to the person's country of citizenship, place of capture, or a different country, as long as that country provides adequate assurances that the person will not be subject to torture, consistent with the obligations of the United States under international law; or (2) released. (c) Construction.--The transfer of a person under subsection (a) shall not be considered an entry into the United States for purposes of immigration status. SEC. 5. HABEAS CORPUS FOR DETAINEES AT GUANTANAMO BAY, CUBA. (a) Repeal of Prohibition on Habeas Corpus.--Section 2241 of title 28, United States Code, is amended by striking subsection (e). (b) Jurisdiction.--An application for a writ of habeas corpus brought by a person described in section 3(b) may only be heard in the United States District Court for the District of Columbia. (c) Sense of Congress.--It is the sense of Congress that the judicial review of all applications for writs of habeas corpus brought by persons described in section 3(b) that are pending as of the date of the enactment of this Act should be suspended until the completion of the status reviews required under section 3. SEC. 6. REPEAL OF MILITARY COMMISSIONS ACT OF 2006. (a) Repeal.--Title 10, United States Code, is amended by striking chapter 47A. (b) Conforming Amendments.--Title 10, United States Code, as amended by subsection (a), is further amended-- (1) in tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, by striking the item relating to chapter 47A; (2) in section 802(a) (article 2) by striking paragraph (13); (3) in each of sections 821, 828, 848, 850(a), 904, and 906 (articles 21, 28, 48, 50(a), 104, and 106) by striking the following: ``This section does not apply to a military commission established under chapter 47A of this title.''; and (4) in section 836 (article 36)-- (A) in subsection (a), by striking ``, except as provided in chapter 47A of this title,''; and (B) in subsection (b), by striking ``, except insofar as applicable to military commissions established under chapter 47A of this title''. SEC. 7. REPORT ON COMPREHENSIVE DETAINEE POLICY. Not later than 120 days after the date of the enactment of this Act, the President shall submit to Congress a report containing the President's recommendations with respect to any statutory changes necessary to implement a comprehensive Federal policy governing the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations. SEC. 8. DEFINITIONS. In this Act: (1) The term ``unlawful enemy combatant'' means a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces). (2) The term ``co-belligerent'', with respect to the United States, means any State or armed force joining and directly engaged with the United States in hostilities or directly supporting hostilities against a common enemy. (3) The term ``lawful enemy combatant'' means a person who is-- (A) a member of the regular forces of a State party engaged in hostilities against the United States; (B) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or (C) a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act, and shall apply to all cases, without exception, pending on or after the date of the enactment of this Act which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since September 11, 2001.", "summary": "Terrorist Detainees Protection Act of 2009 - Directs the President to ensure that by the end of calendar 2009 no person alleged to be an unlawful enemy combatant is detained at Naval Station, Guantanamo Bay, Cuba. Requires a status review by a panel of three military judges of any Guantanamo detainee suspected of being an unlawful enemy combatant. Requires that any person determined, pursuant to such a review, to be an unlawful enemy combatant to be: (1) transferred to a military or civilian detention facility in the United States, charged with a violation of U.S. or international law, and tried by courts-martial or in a district court; (2) transferred to an international tribunal operating under the authority of the United Nations with jurisdiction to hold trials of such a person; (3) transferred to a NATO-run detention facility, or to a different country, provided there are adequate assurances that the person will not be subject to torture in that country; or (4) held in accordance with the law of armed conflict. Provides for the disposition of other detainees after status reviews, including possible release. Repeals the prohibition on habeaus corpus for detainees at Guantanamo Bay, Cuba. Expresses the sense of Congress that the judicial review of all applications for writs of habeas corpus brought by detainees that are pending as of the date of enactment of this Act should be suspended until the completion of the status reviews. Repeals the Military Commissions Act of 2006. Requires the President to report to Congress any recommendations for statutory changes necessary to implement a comprehensive federal policy governing the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Provide Access and Retain Continuity Act'' or the ``PARC Act''. SEC. 2. AGREEMENTS FOR CONTINUED OPERATION OF CERTAIN FACILITIES AND PROGRAMS. (a) In General.--As soon as practical after the date of the enactment of this Act, the Secretary of the Interior (hereafter in this Act referred to as the ``Secretary'') shall enter into agreements with States that submit an agreement that is approved under subsection (c) or (f) to provide for those States to conduct activities described in section 3. Not later than 90 days after funds are made available to the Secretary, the Secretary shall reimburse States for eligible activities conducted by that State under an agreement entered into under this Act. (b) Petition for Agreement.--Beginning 30 days after the date of the enactment of this Act, a State may submit to the Secretary a petition to enter into an agreement with the Secretary for purposes of conducting activities described in section 3. (c) Determination.--The Secretary shall approve or deny a petition (including a corrected petition that is resubmitted) submitted under this section not later than 90 days after the date on which the Secretary receives the petition. (d) Denial of Petition.--The Secretary shall approve a petition submitted under subsection (b) if the Secretary determines that-- (1) the petition is complete; (2) the proposed agreement submitted with the petition contains all of the terms required under subsection (g); or (3) the petition is from a State that had a previous agreement terminated and the Secretary determines that the reasons for that termination warrant denial of the new (or corrected) petition. (e) Opportunity To Amend Petition.-- (1) Notice of denial.--If the Secretary denies a petition under subsection (b), the Secretary shall provide to the State that submitted such petition written notice of the denial. Such written notice shall include-- (A) a clear and comprehensive statement of the reasons why the petition was denied; and (B) a clear and comprehensive description of any deficiencies in the petition or the related proposed agreement. (2) Resubmission of corrected petition.--After receiving a notice from the Secretary under paragraph (1), a State may amend and resubmit the denied petition. (f) Petition and Agreement Deemed Approved.--If the Secretary does not approve or deny a petition submitted under subsection (b) or (e)(2) within 90 days after receiving the petition, the petition and the proposed agreement submitted with the petition shall be deemed approved. (g) Petition Contents.--A petition submitted under subsection (b) shall include-- (1) a letter signed by the Governor of the State submitting such petition addressed to the Secretary that contains a description of the eligible activities that the State seeks to conduct; (2) the proposed agreement that is the subject of the petition; (3) documentation that demonstrates the ability of the State to conduct the eligible activities; (4) a statement that the State shall indemnify and hold the United States harmless for any action of negligence or gross negligence on the part of the State while conducting an eligible activity; and (5) any other documentation that the Secretary may require. SEC. 3. ACTIVITIES ELIGIBLE FOR REIMBURSEMENT. The Secretary of the Interior shall reimburse States for non- Federal funds expended for activities that meet all of the following criteria: (1) The activity was conducted under a memorandum of understanding entered into under section 2. (2) The activity was conducted during a time when the Federal Government was not conducting that activity due to the partial shutdown of the Federal Government that was the result of a lapse in appropriations. (3) The activity was necessary to operate one or more facilities or programs that the Secretary and the State have agreed, under the memorandum of understanding entered into under section 2, to have a direct economic impact on tourism, mining, timber, or general transportation in the State. (4) The activity was conducted in a manner and at a level not substantially greater in scope or cost than how the activity would have been conducted by the Federal Government. (5) The activity is not a settlement of or defense against a claim of liability on the part of the State. SEC. 4. WAIVER OF SOVEREIGN IMMUNITY. If any State brings an action in any court of the United States or any State court relating only and directly to enforcement of section 3 and names the United States as a party, any claim by the United States to sovereign immunity from the action is waived, but only for the limited and sole purpose of reimbursement to a State for non-Federal funds expended by or on behalf of that State for activities that meet all of the criteria listed in section 3.", "summary": "Provide Access and Retain Continuity Act or the PARC Act - Directs the Secretary of the Interior to enter into agreements with, and provide reimbursement to, states to conduct activities determined to have a direct economic impact on tourism, mining, timber, or general transportation in the state that are otherwise not being conducted by the federal government during a partial shutdown of the federal government due to a lapse in appropriations. Requires the Secretary to approve or deny a petition for such an agreement not later than 90 days after receiving it and deems such petition approved if the Secretary does not act on it within the 90-day period."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Competitiveness Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) If the United States is to dominate the next critically decisive stage of industrial progress, it must be the first to create the technologies and skilled workforce capable of taking advantage of new high technology opportunities. (2) Research, innovation, and human capital are our principal strengths. By sustaining United States investments in research and finding collaborative arrangements to leverage existing resources and funds in a scarce budget environment, we ensure that America remains at the forefront of scientific and technological capability. (3) The United States has begun to confront a new level of global competition. (4) The United States remains a leading attraction for innovating talent and entrepreneurial activity. The United States's research and development system is the best in the world. It comprises the world's largest market and promotes a vibrant entrepreneurial business climate. (5) For the United States to maintain its high standards of living through continued economic prosperity over the long- term, the basic components of the Nation's innovation ecosystems must remain healthy. (6) Technology transfer of publicly funded research is a critical mechanism for optimizing the return on taxpayer investment, particularly where other benefits are not measurable at all or are very long-term. (7) Active marketing and educational campaigns tailored by individual Federal agencies on their respective research and development activities are important where-- (A) inventions have multiple applications and may need to be matched-up with commercial enterprises representing several industries; and (B) new invention applications may require rapid development and dissemination by companies not otherwise known by the agency. (8) Technology transfer has become a very broad activity, with many stakeholders and users. Aggregating available technology transfer resources into a single location, available in an electronic format, would help-- (A) facilitate the access, administration, education, monitoring, and efficiency of technology transfer activities with the government; (B) stimulate further interaction and responsiveness from the private sector; and (C) facilitate the formation of much needed technology transfer databases and provide opportunities to examine and track more refined measurements of technology flows. (9) A 2003 Department of Commerce survey reported that only 34 percent of the Federal laboratories surveyed formed laboratory industrial advisory committees. These committees can advocate and promote effective communication between Federal laboratories and the user communities to help facilitate mutual understanding and leverage maximum impact of the research conducted. (10) Because the entire innovation process is continuing to evolve in an arena of increasing global competition, identifying metrics to quantify program effectiveness is of increasing importance. Metrics need to take into account a wide range of steps in a highly complex process, as well as the ultimate product or service, but should not constrain the continued evolution or development of new technology transfer approaches. In addition, these metrics need to accommodate. (A) characteristics unique to varying industries; and (B) mission differences between the licensing institutions. (11) Local and regional impacts from Federal research and development activities have a direct impact on communities in which they are conducted. Such activities attract new businesses to these areas, thereby stimulating local economies and improving local education. (12) State governments are already active in providing a friendly and complementary research and development environment. (13) Half of all States each receive half a billion or more Federal research and development dollars yearly. (14) Given the importance of Federal research and development investments to the Nation, States, and localities, little information is widely available. There is a need for a data system that can provide detailed information on all of the activities and scope of the Federal research and development enterprise so that State and local officials can use the information to identify new opportunities for State-Federal research collaboration. SEC. 3. OUTREACH ACTIVITIES. (a) Technology Transfer Director.--The Secretary of Commerce shall designate a Technology Transfer Director within the Technology Administration to perform oversight of and policy development for technology transfer activities at the Department of Commerce. (b) Duties.--The Director shall-- (1) coordinate the activities of the Interagency Working Group on Technology Transfer, oversee the expenditure of funds allocated to the Technology Transfer Working Group; (2) coordinate with each technology partnership ombudsman appointed under section 11 of the Technology Transfer Commercialization Act of 2000 (42 U.S.C. 7261c); (3) establish and maintain procedures for ensuring the effective coordination of the technology transfer outreach activities of the Department between and among-- (A) the National Technical Information Service; (B) the Federal Laboratory Consortium for Technology Transfer; (C) the National Science Foundation; (D) the National Aeronautics and Space Administration; and (E) other appropriate Federal agencies. (b) Responsibilities.--The Director's responsibilities shall include-- (1) coordinating technology transfer activities occurring at National Laboratories and single purpose research facilities; (2) exchanging information about technology transfer practices, including alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters; (3) developing and disseminating to the public and prospective technology partners information about opportunities and procedures for technology transfer through a one-stop information virtual center; and (4) providing and disseminating information through prepared material on Federally owned or originated products, processes, and services having potential application to State and local governments and to private industry. (d) Oversight.--The Director shall-- (1) periodically review the procedures maintained under subsection (c) for the purpose of ensuring that such procedures meet the requirements of that subsection; and (2) make such modifications to such procedures as the Director considers appropriate in light of such review in order to better achieve the purposes of this section. SEC. 4. RESEARCH ACTIVITIES. (a) In General.--The Secretary, through the Technology Transfer Director as established by section 3, shall establish a research program within the Technology Administration that will-- (1) involve consultation, as appropriate, with the various units of the Commerce Department, including the Federal Laboratory Consortium for Technology Transfer, each Federal agency's research and technology applications, and utilization (with the consent of the agency involved) of the expertise and services of the National Science Foundation, the National Aeronautics and Space Administration, and other Federal agencies; (2) build upon ongoing efforts of the private sector; and (3) involve consortia that include government and industry. (b) Development of Research Tools and Practices.--The Director shall work with industry, trade associations, professional societies, and others to conduct experimentation, analysis, testing, verification, and demonstration of improved tools and practices that identify-- (1) best practices for technology transfer, and (2) metrics to quantify technology transfer practices effectiveness, taking into account wide range of differences in technology, market dynamics, intellectual property in varying industrial sectors, as well as different mission differences between licensing institutions. (c) Study.--The Director shall work with industry, trade associations, professional societies, and others-- (1) to develop reliable data on how to improve workforce education and address critical workforce issues, including the availability of scientists and engineers and a readily available pool of skilled employees; (2) to process reviews to reduce complexity of, and time required to complete, technology transfer transactions; (3) to study and assess the implications of technology development and transfer in a global environment, with specific attention to the effects of emerging technology; and (4) to analyze why the widely recognized ``valley of death'' remains an obstacle to the adaption by the private sector of Federal laboratory technologies for use in commercial markets. (d) Dissemination and Technical Assistance Program.--The Director shall oversee a dissemination and technical assistance program to assist with the immediate dissemination and implementation of the practices, standards, and codes developed by the Technology Administration. (e) Reports.-- (1) Initial report.--Not later than 120 days after the date of enactment of this Act, the Director shall submit a report detailing the proposed schedule of studies and other activities to be undertaken under this Act to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science. (2) Annual progress reports.--Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Director shall submit a progress report to the committees described under paragraph (1), which summarizes the Technology Administration's activities under this Act. SEC. 5. SMALL BUSINESS ADVOCACY AND ASSISTANCE. The Secretary shall designate a small business advocate within the Department-- (1) to increase the participation of small business concerns, including socially and economically disadvantaged small business concerns, in procurement, collaborative research, technology licensing, and technology transfer activities conducted by the National Laboratories or single- purpose research facilities; (2) to report to the National Laboratory Consortium on the actual participation of small business concerns in procurement and collaborative research along with recommendations, if appropriate, on how to improve participation; (3) to make available to small business concerns training, mentoring, and clear, up-to-date information on how to participate in procurement and collaborative research, including how to submit effective proposals, and information related to alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters; (4) to increase awareness inside the National Laboratories and single-purpose research facilities of the capabilities and opportunities presented by small business concerns; and (5) to establish guidelines for a small business program under this Act and report on the effectiveness of such program to the Secretary. SEC. 6. COORDINATE RESEARCH AND DEVELOPMENT EFFORTS WITH STATES. (a) Establishment.--The Secretary shall establish a State and Industry Task Force for the purpose of highlighting areas-- (1) where the Federal government can help in State efforts to provide a complementary research and development environment; and (2) that exist where the Federal government could assist in efforts to help match Federal programs, to the extent possible, with State economic development efforts. (b) Membership.--The Task Force shall be comprised of not fewer than 9 nor more than 15 members appointed by the Secretary, and shall include such representatives from State and local governments, industry, universities, professional societies, Government laboratories, and other organizations as the Secretary considers appropriate based on the Secretary's assessment of the technical and other qualifications of such representatives. (c) Terms.-- (1) In general.--The term of a member of the Task Force shall be 3 years. (2) Staggered terms.--The Secretary may appoint members of the Task Force in a manner that allows the terms of the members serving at any time to expire at spaced intervals so as to ensure continuity in the functioning of the Task Force. (3) Reappointment.--A member of the Task Force whose term expires may be reappointed. (d) Chairperson.--The Task Force shall have a chairperson, who shall be elected by the members. (e) Cooperation.--The heads of Federal agencies shall cooperate with the Task Force in carrying out the requirements of this section and shall furnish to the Task Force such information as the committee considers necessary to enable it to carry out its functions. SEC. 7. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Technology Transfer Director appointed under section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (3) Small business concern.--The term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). (4) Socially and economically disadvantaged small business concerns.--The term ``socially and economically disadvantaged small business concerns'' has the meaning given that term in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)).", "summary": "Innovation Competitiveness Act of 2004 - Directs the Secretary of Commerce to designate a Technology Transfer Director within the Technology Administration to perform oversight and policy and development for technology transfer activities at the Department of Commerce. Requires the Director to: (1) coordinate activities of the Interagency Working Group on Technolgy Transfer; (2) coordinate with certain technology partnership ombudsmans; and (3) establish procedures for coordinating the Commerce Department's technology transfer outreach activities between appropriate Federal agencies, including the National Technical Information Service and the Federal Laboratory Consortium for Technology Transfer. Directs the Secretary to establish a research program within the Technology Administration that: (1) involves consultation with the various units of the Commerce Department; (2) builds upon ongoing private sector efforts; and (3) involves consortia. Instructs the Director to work with industry, trade associations, professional societies, and others to: (1) develop improved technology transfer research tools and practices; and (2) conduct a specified study. Requires the Director to oversee a dissemination and technical assistance program for the immediate dissemination and implementation of the practices, standards, and codes developed by the Technology Administration. Directs the Secretary to designate a small business advocate within the Commerce Department to: (1) increase the participation of small business concerns; and (2) establish guidelines for a small business program under this Act. Directs the Secretary to establish a State and Industry Task Force to highlight areas where the Federal Government can help States to provide a complementary research and development environment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Coalitions for Access and Quality Improvement Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act is to provide assistance to community health coalitions as described in section 3(b) with a clearly defined local need to increase access to and improve the quality of health care services through activities which-- (1) develop or strengthen coordination of services to allow all individuals, including the uninsured and low-income, to receive efficient and higher quality care and to gain entry into and receive services from a comprehensive system of medical, dental, pharmaceutical, and behavioral health care; (2) develop efficient and sustainable infrastructure for a health care delivery system characterized by effective collaboration, information sharing, and clinical and financial coordination among all types of providers of care in the community; and (3) develop or strengthen activities related to providing coordinated care for individuals with chronic conditions. SEC. 3. GRANTS TO STRENGTHEN THE EFFECTIVENESS, EFFICIENCY, AND COORDINATION OF SERVICES. (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall award grants to assist in the development of integrated health care delivery systems to serve defined communities of individuals-- (1) to improve the efficiency of and coordination among the providers providing services through such systems; (2) to assist local communities in developing programs targeted toward preventing and managing chronic diseases; and (3) to expand and enhance the services provided through such systems. (b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be an entity that-- (1) represents a balanced consortium-- (A) whose principal purpose is to ensure the sustainable capacity for the provision of a broad range of coordinated services for all residents within a community defined in the entity's grant application as described in paragraph (2); and (B) that includes at least one of each of the following providers that serve the community (unless such provider does not exist within the community, declines or refuses to participate, or places unreasonable conditions on their participation)-- (i) a federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))); (ii) rural health clinics and rural health networks (as defined in sections 1861(aa) and 1820(d) of the Social Security Act, respectively (42 U.S.C. 1395x(aa), 1395i- 4(d))); (iii) a hospital with a low-income utilization rate that is greater than 25 percent (as defined in section 1923(b)(3) of the Social Security Act (42 U.S.C. 1396r- 4(b)(3))) or a critical access hospital (as defined in section 1820(c)(2) of the Social Security Act (42 U.S.C. 1395i-4(c)(2))); (iv) a public health department; and (v) an interested public or private sector health care provider or an organization that has traditionally served the medically uninsured and low-income individuals; and (2) submits to the Secretary an application, in such form and manner as the Secretary shall prescribe, that-- (A) clearly defines the community to be served; (B) identifies the providers who will participate in the community coalition under the grant and specifies each provider's contribution to the care of individuals in the community; (C) describes the activities that the applicant and the community coalition propose to perform under the grant to further the objectives of this section; (D) demonstrates that it is an established coalition with ability to build on the current system for serving the community by involving providers who have traditionally provided a significant volume of care for uninsured and low-income individuals for that community; (E) demonstrates the coalition's ability to develop coordinated systems of care that either directly provide or ensure the prompt provision of a broad range of high-quality, accessible services, including, as appropriate, primary, secondary, and tertiary services as well as pharmacy, substance abuse, behavioral health and oral health services, in a manner that ensures continuity of care in the community; (F) provides evidence of community involvement, including the business community, in the development, implementation, and direction of the system of care that the coalition proposes to ensure; (G) demonstrates the coalition's ability to ensure that participating individuals are enrolled in health care coverage programs, both public and private, for which the individuals are eligible; (H) presents a plan for leveraging other sources of revenue, which may include State and local sources and private grant funds, and integrating current and proposed new funding sources in a manner to ensure long-term sustainability of the system of care; (I) describes a plan for evaluation of the activities carried out under the grant, including measurement of progress toward the goals and objectives of the program and the use of evaluation findings to improve system performance; (J) demonstrates fiscal responsibility through the use of appropriate accounting procedures and management systems; (K) demonstrates commitment to serve the community without regard to the ability of an individual or family to pay by arranging for or providing free or reduced charge care for the poor; and (L) includes such other information as the Secretary may prescribe. (c) Limitations.-- (1) In general.--An eligible entity may receive a grant under this section for 3 consecutive fiscal years and may receive such a grant award for 2 additional years if-- (A) the eligible entity submits to the Secretary a request for a grant for such additional years; (B) the Secretary determines that current performance justifies the granting of such a request; and (C) the Secretary determines that granting such request is necessary to further the objectives described in subsection (a). (d) Priorities.--In awarding grants under this section, the Secretary-- (1) may accord priority to applicants that demonstrate the greatest extent of unmet need in the community for a more coordinated system of care; and (2) shall accord priority to applicants that best promote the objectives of this section, taking into consideration the extent to which the applicant-- (A) identifies a community whose geographical area has a high or increasing percentage of individuals who are uninsured or low-income; (B) demonstrates that the applicant has included in its community coalition providers, support systems, and programs that have a tradition of serving individuals and families in the community who are uninsured or earn below 200 percent of the Federal poverty level; (C) shows evidence that the proposed coalition activities would expand utilization of preventive and primary care services for uninsured and underinsured individuals and families in the community, including pharmaceuticals, behavioral and mental health services, oral health services, or substance abuse services; (D) proposes approaches that would improve coordination between health care providers and appropriate social service providers; (E) demonstrates collaboration with State and local governments; (F) demonstrates that the applicant makes use of non-Federal contributions to the greatest extent possible; or (G) demonstrates likelihood that the proposed activities will lead to sustainable integrated delivery system as additional efforts of health systems development evolve. (e) Use of Funds.-- (1) Use by grantees.-- (A) In general.--Except as provided in paragraphs (2) and (3), a grantee may use amounts provided under this section only for-- (i) direct expenses associated with achieving the greater integration of a health care delivery system so that the system either directly provides or ensures the provision of a broad range of culturally competent services, including as appropriate primary, secondary, and tertiary care and oral health, substance abuse, behavioral and mental health, and pharmaceutical services; and (ii) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system. (B) Specific uses.--The following are examples of purposes for which a grantee may use grant funds under this section, when such use meets the conditions stated in subparagraph (A): (i) Increases in outreach activities and closing gaps in health care service, including referral to specialty services and prescription drugs and conducting ongoing outreach to health disparity populations. (ii) Improvements to care management and delivery of patient-centered care, including patient navigation services. (iii) Improvements to coordination of transportation to health care facilities. (iv) Development of provider networks and other innovative models to engage physicians in voluntary efforts to serve the medically underserved within a community. (v) Recruitment, training, and compensation of necessary personnel. (vi) Coordinate the acquisition or interconnected use of technology within a community for the purpose of coordinating care and improving provider communication, including implementation of shared information systems or shared clinical systems to improve the quality of health care. (vii) Development of common processes such as mechanisms for determining eligibility for the programs provided through the system, common identification cards, sliding scale discounts, and monitoring and tracking of outcomes. (viii) Development of specific prevention and disease management tools and processes. (ix) Language access services. (x) Facilitating the involvement of community organizations to provide better access to high-quality health care services to individuals at risk for or who have chronic diseases or cancer. (xi) Helping patients overcome barriers within the health care system to ensure prompt diagnostic and treatment resolution of an abnormal finding of cancer or chronic disease. (2) Direct patient care limitation.--Not more than 20 percent of the funds provided under a grant awarded under this section may be used for providing direct patient care and services. (3) Reservation of funds for national program purposes.-- The Secretary may use not more than 7 percent of funds appropriated to carry out this section for providing technical assistance to grantees, obtaining assistance of experts and consultants, holding meetings, developing of tools, disseminating of information, and evaluation. (f) Reporting by Grantee.--A grantee under this section shall report to the Secretary annually regarding-- (1) progress in meeting the goals and measurable objectives set forth in the grant application submitted by the grantee under subsection (b); and (2) the extent to which activities conducted by such grantee have-- (A) improved the effectiveness, efficiency, and coordination of services for uninsured and low-income individuals in the community served by such grantee, using commonly accepted outcome measures; (B) resulted in the provision of better quality health care for individuals and families in the community served; and (C) resulted in the provision of health care to such individuals at lower cost than would have been possible in the absence of the activities conducted by such grantee. (g) Maintenance of Effort.--With respect to activities for which a grant under this section is authorized, the Secretary may award such a grant only if the applicant and each of the participating providers agree that the grantee and each such provider will maintain its expenditures of non-Federal funds for such activities at a level that is not less then the level of such expenditures during the fiscal year immediately preceding the fiscal year for which the applicant is applying to receive such grant. (h) Technical Assistance.--The Secretary may provide any entity that receives a grant under this section with technical and other nonfinancial assistance necessary to meet the requirements of this section. The Secretary may choose to provide such assistance by awarding a grant to, or entering into a contract with, a State or national not-for-profit organization with expertise in building successful community coalitions. (i) Evaluation of Program.--Not later than September 30, 2014, the Secretary shall prepare and submit to the appropriate committees of Congress a report that describes the extent to which projects funded under this section have been successful in improving the effectiveness, efficiency, and coordination of services in the communities served by such projects, including whether the projects resulted in the provision of better quality health care for such individuals, and whether such care was provided at lower costs than would have been provided in the absence of such projects. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $75,000,000 for fiscal year 2010; (2) $100,000,000 for fiscal year 2011; (3) $125,000,000 for fiscal year 2012; (4) $150,000,000 for fiscal year 2013; and (5) $175,000,000 for fiscal year 2014.", "summary": "Community Coalitions for Access and Quality Improvement Act of 2009 - Directs the Secretary of Health and Human Services to award grants to assist in developing integrated health care delivery systems to serve defined communities of individuals to: (1) improve efficiency and coordination among providers; (2) assist local communities in developing programs targeted toward preventing and managing chronic diseases; and (3) expand and enhance services provided. Authorizes the Secretary, in awarding grants, to accord priority to: (1) applicants that demonstrate the greatest unmet need for a more coordinated system of care; and (2) applicants that best promote the objectives of this Act. Authorizes a grantee to use amounts provided only for: (1) direct expenses associated with achieving greater integration of a health care delivery system to directly provide or ensure the provision of a broad range of culturally competent services; and (2) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sensible Estate Tax Act of 2008''. SEC. 2. RESTORATION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS. (a) In General.--The following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such provisions, are hereby repealed: (1) Subtitles A and E of title V. (2) Subsection (d), and so much of subsection (f)(3) as relates to subsection (d), of section 511. (3) Paragraph (2) of subsection (b), and paragraph (2) of subsection (e), of section 521. The Internal Revenue Code of 1986 shall be applied as if such provisions and amendments had never been enacted. (b) Sunset Not To Apply.-- (1) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (2) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. SEC. 3. UNIFIED CREDIT AGAINST THE ESTATE TAX. (a) In General.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $2,000,000.''. (b) Inflation Adjustment.--Subsection (c) of section 2010 of such Code, as amended by subsection (a), is amended-- (1) by striking ``For purposes of this section,'' and inserting the following: ``(1) In general.--For purposes of this section,'', and (2) by adding at the end the following new paragraph: ``(2) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2008, the $2,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `2007' for `1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the nearest multiple of $10,000.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2008. SEC. 4. RATES OF TAX. (a) In General.--The table in paragraph (1) of section 2001(c) of the Internal Revenue Code of 1986 (relating to rate schedule) is amended by striking the last 3 rows and inserting the following: Over $1,500,000 but not over $5,000,000. $555,800, plus 45 percent of the excess of such amount over $1,500,000. Over $5,000,000 but not over $10,000,000. $2,130,800, plus 50 percent of the excess of such amount over $5,000,000. Over $10,000,000............... $4,630,800, plus 55 percent of the excess of such amount over $10,000,000. (b) Adjustment for Inflation.--Paragraph (2) of section 2001(c) of such Code is amended to read as follows: ``(2) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2008-- ``(A) each minimum and maximum dollar amount for each rate bracket in the table in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `2007' for `1992' in subparagraph (B) thereof, and ``(B) each of the amounts setting forth the tax under such table shall be adjusted to the extent necessary to reflect the adjustments in the rate brackets made by subparagraph (A). If any increase determined under subparagraph (A) is not a multiple of $10,000, such increase shall be rounded to the nearest multiple of $10,000.''. (c) Effective Date.--The amendment made by subsection (a) shall apply to estates of decedents dying, and gifts made, after December 31, 2008. SEC. 5. RESTORATION OF CREDIT FOR STATE DEATH TAX. (a) In General.--Section 2011 of the Internal Revenue Code of 1986 (relating to credit for State death taxes) is amended by striking subsection (f). (b) Repeal of Deduction for State Death Taxes.-- (1) In general.--Section 2058 of such Code (relating to State death taxes) is amended by adding at the end the following: ``(c) Termination.--This section shall not apply to the estates of decedents dying after December 31, 2008.''. (2) Conforming amendment.--Section 2106(a)(4) of such Code is amended by adding at the end the following new sentence: ``This paragraph shall not apply to the estates of decedents dying after December 31, 2008.''. (c) Effective Date.--The amendment made by subsection (a) shall apply to estates of decedents dying, and gifts made, after December 31, 2008. SEC. 6. RESTORATION OF UNIFIED CREDIT AGAINST GIFT TAX. (a) In General.--Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 (relating to general rule for unified credit against gift tax) is amended by striking ``(determined as if the applicable exclusion amount were $1,000,000)''. (b) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2008. SEC. 7. UNIFIED CREDIT INCREASED BY UNUSED UNIFIED CREDIT OF DECEASED SPOUSE. (a) In General.--Section 2010 of the Internal Revenue Code of 1986, as amended by section 2, is amended-- (1) by striking the last sentence of paragraph (1), (2) by striking paragraph (2), and (3) by inserting after paragraph (1) the following new paragraph: ``(2) Applicable exclusion amount.--For purposes of paragraph (1)-- ``(A) In general.--The applicable exclusion amount is the sum of-- ``(i) the basic exclusion amount, and ``(ii) in the case of a surviving spouse, the aggregate deceased spousal unused exclusion amount. ``(B) Basic exclusion amount.-- ``(i) In general.--For purposes of subparagraph (A), the basic exclusion amount is $2,000,000. ``(ii) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2008, the $2,000,000 amount in clause (i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000. ``(C) Aggregate deceased spousal unused exclusion amount.--For purposes of this subsection-- ``(i) Aggregate deceased spousal unused exclusion amount.--The term `aggregate deceased spousal unused exclusion amount' means the lesser of-- ``(I) the basic exclusion amount, or ``(II) the sum of the deceased spousal unused exclusion amounts of the surviving spouse. ``(ii) Deceased spousal unused exclusion amount.--For purposes of subsection (A), the term `deceased spousal unused exclusion amount' means, with respect to the surviving spouse of any deceased spouse dying after December 31, 2008, the excess (if any) of-- ``(I) the applicable exclusion amount of the deceased spouse, over ``(II) the amount with respect to which the tentative tax is determined under section 2001(b)(1) on the estate of such deceased spouse. ``(iii) Special rules.-- ``(I) Election required.--A deceased spousal unused exclusion amount may not be taken into account by a surviving spouse under this paragraph unless the executor of the estate of the deceased spouse files an estate tax return on which such amount is computed and makes an election on such return that such amount may be so taken into account. Such election, once made, shall be irrevocable. No election may be made under this clause if such return is filed after the time prescribed by law (including extensions) for filing such return. ``(II) Examination of prior returns after expiration of period of limitations with respect to deceased spousal unused exclusion amount.-- Notwithstanding any period of limitation in section 6501, after the time has expired under section 6501 within which a tax may be assessed under chapter 11 or 12 with respect to a deceased spousal unused exclusion amount, the Secretary may examine a return of the deceased spouse to make determinations with respect to such amount for purposes of carrying out this subsection. ``(D) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this subsection.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 2505(a) of such Code, as amended by section 5, is amended to read as follows: ``(1) the applicable credit amount under section 2010(c) which would apply if the donor died as of the end of the calendar year, reduced by''. (2) Section 2631(c) of such Code is amended by striking ``the applicable exclusion amount'' and inserting ``the basic exclusion amount''. (3) Section 6018(a)(1) of such Code is amended by striking ``applicable exclusion amount'' and inserting ``basic exclusion amount''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2008.", "summary": "Sensible Estate Tax Act of 2008 - Repeals provisions of the Economic Growth and Tax Reconciliation Act of 2001 relating to the estate and gift tax. Amends the Internal Revenue Code to: (1) allow an estate tax exclusion of $2 million adjusted for inflation in calendar years after 2008; (2) revise the estate tax rates for larger estates; (3) restore the estate tax credit for state estate, inheritance, legacy, or succession taxes; (4) restore the unified credit against the gift tax; and (5) allow a surviving spouse an increase in the unified estate tax credit by the amount of any unused credit of a deceased spouse."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Secure Border Infrastructure Act''. SEC. 2. ESTABLISHMENT OF SAFE AND SECURE BORDER INFRASTRUCTURE GRANTS. The Secretary of Transportation, in consultation with the Secretary of Homeland Security and the governors of the border States, shall establish a grant program, which shall be administered by the Secretary of Transportation and the Administrator of General Services, to construct transportation and supporting infrastructure improvements at existing and new international border crossings to facilitate the safe, secure, and efficient cross-border movement of motor vehicles, non- motor vehicles, cargo, and individuals, including pedestrians. SEC. 3. ELIGIBILITY. The projects eligible to receive a grant under this Act shall include-- (1) highway or bridge projects eligible under title 23, United States Code; (2) public transportation projects eligible under chapter 53 of title 49, United States Code; (3) demonstration and pilot projects related to innovative cross border systems management; and (4) passenger and freight rail transportation projects. SEC. 4. APPLICATIONS. To be eligible to receive a grant under this Act, a State or metropolitan planning organization located in a border region shall submit to the Secretary of Transportation an application that demonstrates-- (1) an established master plan for border infrastructure investments that demonstrates awareness of the relevant border stakeholder interests at the Federal, State, and regional level; (2) that receipt of the grant applied for under this Act would complete an overall financing package; (3) the ability to provide a non-Federal match of 50 percent of the total cost of the project; (4) the satisfaction of all Federal and State environmental requirements prior to the submission of the application for the grant; and (5) a plan to obligate any funds received under this Act by the end of the fiscal year following the year in which those funds are awarded. SEC. 5. PRIMARY SELECTION CRITERIA. In awarding a grant under this Act, the Secretary of Transportation, in consultation with the Administrator of General Services, shall give priority to projects that accomplish one or more of the following objectives: (1) Improve the safety and security at facilities in the United States, including ports of entry. (2) Facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays. (3) Implement innovative technologies that enhance safety, security, or efficiency at the border. (4) Coordinate a system of projects that improve security and systems efficiencies at ports of entry. (5) Facilitate economic development strategies with respect to safety and security. (6) Implement congestion relief and air quality management strategies to improve the environment. SEC. 6. APPORTIONMENT OF FUNDS. Of the amounts appropriated to carry out this Act, the Secretary of Transportation, in consultation with the Administrator of General Services, shall apportion such amounts as follows: (1) 20 percent in the ratio that---- (A) the total number of incoming commercial trucks that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of incoming commercial trucks that pass through land border ports of entry within the boundaries of all eligible border States. (2) 30 percent in the ratio that-- (A) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of all eligible border States. (3) 25 percent in the ratio that-- (A) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of all eligible border States. (4) 25 percent of the ratio that-- (A) the total number of land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of land border ports of entry within the boundaries of all eligible border States. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``border region'' means any portion of a border State within 10 miles of an international land border with Canada or Mexico; (2) the term ``border State'' means any State that has an international land border with Canada or Mexico; (3) the term ``commercial truck'' means a commercial vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, United States Code; (4) the term ``motor vehicle'' has the meaning such term has under Section 154(a)(2) of title 23, United States Code; and (5) the term ``State'' has the meaning such term has in section 101(a)(25) of title 23.", "summary": "Safe and Secure Border Infrastructure Act - Directs the Secretary of Transportation (DOT) to establish a safe and secure border infrastructure grant program, administered jointly by the Secretary and the Administrator of General Services (GSA), to construct transportation infrastructure improvements at existing and new international border crossings for the safe, secure, and efficient cross-border movement of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians. Requires the Secretary to award grants to metropolitan planning organizations (MPOs) located along the international border with Canada and Mexico, giving priority to projects that accomplish one or more of the following: (1) improve the safety and security at U.S. facilities, including ports of entry; (2) facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays; (3) implement innovative technologies that enhance safety, security, or efficiency at the border; (4) coordinate projects that improve security and systems efficiencies at ports of entry; (5) facilitate economic development strategies with respect to safety and security; and (6) implement congestion relief and air quality management strategies to improve the environment. Specifies allocations of any funds appropriated to carry out this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Drug Savings Act of 2017''. SEC. 2. REQUIRING DRUG MANUFACTURERS TO PROVIDE DRUG REBATES FOR DRUGS DISPENSED TO LOW-INCOME INDIVIDUALS. (a) In General.--Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is amended-- (1) in subsection (e)(1), in the matter preceding subparagraph (A), by inserting ``and subsection (f)'' after ``this subsection''; and (2) by adding at the end the following new subsection: ``(f) Prescription Drug Rebate Agreement for Rebate Eligible Individuals.-- ``(1) Requirement.-- ``(A) In general.--For plan years beginning on or after January 1, 2019, in this part, the term `covered part D drug' does not include any drug or biological product that is manufactured by a manufacturer that has not entered into and have in effect a rebate agreement described in paragraph (2). ``(B) 2018 plan year requirement.--Any drug or biological product manufactured by a manufacturer that declines to enter into a rebate agreement described in paragraph (2) for the period beginning on January 1, 2018, and ending on December 31, 2018, shall not be included as a `covered part D drug' for the subsequent plan year. ``(2) Rebate agreement.--A rebate agreement under this subsection shall require the manufacturer to provide to the Secretary a rebate for each rebate period (as defined in paragraph (6)(B)) ending after December 31, 2017, in the amount specified in paragraph (3) for any covered part D drug of the manufacturer dispensed after December 31, 2017, to any rebate eligible individual (as defined in paragraph (6)(A)) for which payment was made by a PDP sponsor or MA organization under this part for such period, including payments passed through the low-income and reinsurance subsidies under sections 1860D-14 and 1860D-15(b), respectively. Such rebate shall be paid by the manufacturer to the Secretary not later than 30 days after the date of receipt of the information described in section 1860D- 12(b)(7), including as such section is applied under section 1857(f)(3), or 30 days after the receipt of information under subparagraph (D) of paragraph (3), as determined by the Secretary. Insofar as not inconsistent with this subsection, the Secretary shall establish terms and conditions of such agreement relating to compliance, penalties, and program evaluations, investigations, and audits that are similar to the terms and conditions for rebate agreements under paragraphs (3) and (4) of section 1927(b). ``(3) Rebate for rebate eligible medicare drug plan enrollees.-- ``(A) In general.--The amount of the rebate specified under this paragraph for a manufacturer for a rebate period, with respect to each dosage form and strength of any covered part D drug provided by such manufacturer and dispensed to a rebate eligible individual, shall be equal to the product of-- ``(i) the total number of units of such dosage form and strength of the drug so provided and dispensed for which payment was made by a PDP sponsor or an MA organization under this part for the rebate period, including payments passed through the low- income and reinsurance subsidies under sections 1860D-14 and 1860D-15(b), respectively; and ``(ii) the amount (if any) by which-- ``(I) the Medicaid rebate amount (as defined in subparagraph (B)) for such form, strength, and period, exceeds ``(II) the average Medicare drug program rebate eligible rebate amount (as defined in subparagraph (C)) for such form, strength, and period. ``(B) Medicaid rebate amount.--For purposes of this paragraph, the term `Medicaid rebate amount' means, with respect to each dosage form and strength of a covered part D drug provided by the manufacturer for a rebate period-- ``(i) in the case of a single source drug or an innovator multiple source drug, the amount specified in paragraph (1)(A)(ii)(II) or (2)(C) of section 1927(c) plus the amount, if any, specified in subparagraph (A)(ii) of paragraph (2) of such section, for such form, strength, and period; or ``(ii) in the case of any other covered outpatient drug, the amount specified in paragraph (3)(A)(i) of such section for such form, strength, and period. ``(C) Average medicare drug program rebate eligible rebate amount.--For purposes of this subsection, the term `average Medicare drug program rebate eligible rebate amount' means, with respect to each dosage form and strength of a covered part D drug provided by a manufacturer for a rebate period, the sum, for all PDP sponsors under part D and MA organizations administering an MA-PD plan under part C, of-- ``(i) the product, for each such sponsor or organization, of-- ``(I) the sum of all rebates, discounts, or other price concessions (not taking into account any rebate provided under paragraph (2) or any discounts under the program under section 1860D-14A) for such dosage form and strength of the drug dispensed, calculated on a per-unit basis, but only to the extent that any such rebate, discount, or other price concession applies equally to drugs dispensed to rebate eligible Medicare drug plan enrollees and drugs dispensed to PDP and MA-PD enrollees who are not rebate eligible individuals; and ``(II) the number of the units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in the prescription drug plans administered by the PDP sponsor or the MA-PD plans administered by the MA organization; divided by ``(ii) the total number of units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in all prescription drug plans administered by PDP sponsors and all MA- PD plans administered by MA organizations. ``(D) Use of estimates.--The Secretary may establish a methodology for estimating the average Medicare drug program rebate eligible rebate amounts for each rebate period based on bid and utilization information under this part and may use these estimates as the basis for determining the rebates under this section. If the Secretary elects to estimate the average Medicare drug program rebate eligible rebate amounts, the Secretary shall establish a reconciliation process for adjusting manufacturer rebate payments not later than 3 months after the date that manufacturers receive the information collected under section 1860D- 12(b)(7)(B). ``(4) Length of agreement.--The provisions of paragraph (4) of section 1927(b) (other than clauses (iv) and (v) of subparagraph (B)) shall apply to rebate agreements under this subsection in the same manner as such paragraph applies to a rebate agreement under such section. ``(5) Other terms and conditions.--The Secretary shall establish other terms and conditions of the rebate agreement under this subsection, including terms and conditions related to compliance, that are consistent with this subsection. ``(6) Definitions.--In this subsection and section 1860D- 12(b)(7): ``(A) Rebate eligible individual.--The term `rebate eligible individual' means-- ``(i) a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)); ``(ii) a Medicaid beneficiary treated as a subsidy eligible individual under clause (v) of section 1860D-14(a)(3)(B); and ``(iii) any part D eligible individual not described in clause (i) or (ii) who is determined for purposes of the State plan under title XIX to be eligible for medical assistance under clause (i), (iii), or (iv) of section 1902(a)(10)(E). ``(B) Rebate period.--The term `rebate period' has the meaning given such term in section 1927(k)(8).''. (b) Reporting Requirement for the Determination and Payment of Rebates by Manufacturers Related to Rebate for Rebate Eligible Medicare Drug Plan Enrollees.-- (1) Requirements for pdp sponsors.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(7) Reporting requirement for the determination and payment of rebates by manufacturers related to rebate for rebate eligible medicare drug plan enrollees.-- ``(A) In general.--For purposes of the rebate under section 1860D-2(f) for contract years beginning on or after January 1, 2019, each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan shall require that the sponsor comply with subparagraphs (B) and (C). ``(B) Report form and contents.--Not later than a date specified by the Secretary, a PDP sponsor of a prescription drug plan under this part shall report to each manufacturer-- ``(i) information (by National Drug Code number) on the total number of units of each dosage, form, and strength of each drug of such manufacturer dispensed to rebate eligible Medicare drug plan enrollees under any prescription drug plan operated by the PDP sponsor during the rebate period; ``(ii) information on the price discounts, price concessions, and rebates for such drugs for such form, strength, and period; ``(iii) information on the extent to which such price discounts, price concessions, and rebates apply equally to rebate eligible Medicare drug plan enrollees and PDP enrollees who are not rebate eligible Medicare drug plan enrollees; and ``(iv) any additional information that the Secretary determines is necessary to enable the Secretary to calculate the average Medicare drug program rebate eligible rebate amount (as defined in paragraph (3)(C) of such section), and to determine the amount of the rebate required under this section, for such form, strength, and period. Such report shall be in a form consistent with a standard reporting format established by the Secretary. ``(C) Submission to secretary.--Each PDP sponsor shall promptly transmit a copy of the information reported under subparagraph (B) to the Secretary for the purpose of audit oversight and evaluation. ``(D) Confidentiality of information.--The provisions of subparagraph (D) of section 1927(b)(3), relating to confidentiality of information, shall apply to information reported by PDP sponsors under this paragraph in the same manner that such provisions apply to information disclosed by manufacturers or wholesalers under such section, except-- ``(i) that any reference to `this section' in clause (i) of such subparagraph shall be treated as being a reference to this section; ``(ii) the reference to the Director of the Congressional Budget Office in clause (iii) of such subparagraph shall be treated as including a reference to the Medicare Payment Advisory Commission; and ``(iii) clause (iv) of such subparagraph shall not apply. ``(E) Oversight.--Information reported under this paragraph may be used by the Inspector General of the Department of Health and Human Services for the statutorily authorized purposes of audit, investigation, and evaluations. ``(F) Penalties for failure to provide timely information and provision of false information.--In the case of a PDP sponsor-- ``(i) that fails to provide information required under subparagraph (B) on a timely basis, the sponsor is subject to a civil money penalty in the amount of $10,000 for each day in which such information has not been provided; or ``(ii) that knowingly (as defined in section 1128A(i)) provides false information under such subparagraph, the sponsor is subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalties are in addition to other penalties as may be prescribed by law. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).''. (2) Application to ma organizations.--Section 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding at the end the following: ``(D) Reporting requirement related to rebate for rebate eligible medicare drug plan enrollees.--Section 1860D-12(b)(7).''. (c) Deposit of Rebates Into Medicare Prescription Drug Account.-- Section 1860D-16(c) of the Social Security Act (42 U.S.C. 1395w-116(c)) is amended by adding at the end the following new paragraph: ``(6) Rebate for rebate eligible medicare drug plan enrollees.--Amounts paid under a rebate agreement under section 1860D-2(f) shall be deposited into the Account.''. (d) Exclusion From Determination of Best Price and Average Manufacturer Price Under Medicaid.-- (1) Exclusion from best price determination.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``and amounts paid under a rebate agreement under section 1860D-2(f)'' after ``this section''. (2) Exclusion from average manufacturer price determination.--Section 1927(k)(1)(B)(i) of the Social Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)) is amended-- (A) in subclause (IV), by striking ``and'' after the semicolon; (B) in subclause (V), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(VI) amounts paid under a rebate agreement under section 1860D-2(f).''.", "summary": "Medicare Drug Savings Act of 2017 This bill requires drug manufacturers to issue rebates to the Centers for Medicare & Medicaid Services (CMS) for prescription drugs dispensed to eligible low-income individuals under the Medicare prescription drug benefit or a Medicare Advantage (MA) prescription drug plan (PDP). Subject to civil monetary penalties, a Medicare or MA PDP sponsor must report, both to drug manufacturers and to the CMS, specified information related to the determination and payment of such rebates."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Transparent Regulatory and Environmental Actions in Mining Act of 2015'' or the ``STREAM Act of 2015''. SEC. 2. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL ASSESSMENTS, AND ECONOMIC ASSESSMENTS. (a) In General.--Title V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 530. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL ASSESSMENTS, AND ECONOMIC ASSESSMENTS. ``(a) Definitions.--In this section: ``(1) Agency action.--The term `agency action' has the meaning given the term in section 551 of title 5, United States Code. ``(2) Background information.--The term `background information' means-- ``(A) a biographical document, including a curriculum vitae or resume, that details the exhaustive, professional work history, education, and any professional memberships of a person; and ``(B) the amount and date of any Federal grants or contracts received by that person. ``(3) Economic assessment.--The term `economic assessment' means any assessment prepared by a Federal agency in accordance with section 6(a)(3)(C) of Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review). ``(4) Environmental assessment.--The term `environmental assessment' has the meaning given the term in section 1508.9 of title 40, Code of Federal Regulations. ``(5) Environmental impact statement.--The term `environmental impact statement' means any environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(6) Publicly available.--The term `publicly available' means published online on-- ``(A) a publicly accessible website that allows the submission of comments on proposed regulations and related documents published by the Federal Government; ``(B) a publicly accessible website of the Secretary; and ``(C) the website of the Federal Register. ``(7) Raw data.--The term `raw data' means any computational process or quantitative or qualitative data processed from a source that is relied upon in a scientific product to support a finding or observation. ``(8) Relied upon.--The term `relied upon' means explicitly cited or referenced in a rule, environmental impact statement, environmental assessment, or economic assessment. ``(9) Rule.--The term `rule' has the meaning given the term in section 551 of title 5, United States Code. ``(10) Scientific method.--The term `scientific method' means a method of research under which-- ``(A) a problem is identified; ``(B) relevant data are gathered; ``(C) a hypothesis is formulated from the data; and ``(D) the hypothesis is empirically tested in a manner specified by documented protocols and procedures. ``(11) Scientific product.--The term `scientific product' means any product that-- ``(A) employs the scientific method for inventorying, monitoring, experimenting, studying, researching, and modeling purposes; and ``(B) is relied upon by the Secretary in development of any rule, environmental impact statement, environmental assessment, or economic assessment. ``(b) Requirements.--The Secretary shall-- ``(1) make publicly available on the date of the publication of any draft, final, emergency, or supplemental rule under this Act, or any related environmental impact statement, environmental assessment, or economic assessment, each scientific product the Secretary relied upon in developing the rule, environmental impact statement, environmental assessment, or economic assessment; and ``(2) for those scientific products receiving Federal funds, also make publicly available-- ``(A) the raw data used for the federally funded scientific product; and ``(B) background information of the authors of the scientific study. ``(c) Compliance.-- ``(1) In general.--Subject to paragraph (2), failure to comply with the publication requirements of subsection (b)-- ``(A) with respect to draft or supplemental rules, environmental impact statements, environmental assessments, or economic assessments shall extend by 1 day the notice and comment period for each day of noncompliance; or ``(B) with respect to final or emergency rules, shall delay the effective date of the final rule by 60 days plus an additional day for each day of noncompliance. ``(2) Withdrawal.--If the Secretary fails to comply with the publication requirements of subsection (b) for more than 180 days after the date of publication of any rule, or any related environmental impact statement, environmental assessment, or economic assessment, under this Act, the Secretary shall withdraw the rule, environmental impact statement, environmental assessment, or economic assessment.''. (b) Conforming Amendment.--The table of contents for the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) is amended by inserting after the item relating to section 529 the following: ``Sec. 530. Publication of scientific products for rules and related environmental impact statements, environmental assessments, and economic assessments.''. SEC. 3. COMPLIANCE WITH OTHER FEDERAL LAWS. Section 702 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1292) is amended-- (1) by redesignating subsections (c) and (d) as subsection (e) and (f), respectively; and (2) by inserting after subsection (b) the following: ``(c) Compliance With Other Federal Laws.--Nothing in this Act authorizes the Secretary to take any action by rule, interpretive rule, policy, regulation, notice, or order that duplicates any action taken under an Act referred to in subsection (a) (including regulations and rules). ``(d) Deference to Implementing Agencies and State Authorities.--In carrying out this Act (including rules, interpretive rules, policies, regulations, notices, or orders), the Secretary-- ``(1) shall defer to the determinations of an agency or State authority implementing an Act referred to in subsection (a) with respect to any agency action under the jurisdiction of the agency or State authority, as applicable; and ``(2) shall not make any determination regarding any agency action subject to an Act referred to in subsection (a).''.", "summary": "Supporting Transparent Regulatory and Environmental Actions in Mining Act of 2015 or the STREAM Act of 2015 This bill amends the Surface Mining Control and Reclamation Act of 1977 to direct the Department of the Interior to make publicly available the scientific products used in developing a rule under the Act or any related environmental impact statement, environmental assessment, or economic assessment when the rule or assessment is published. If those scientific products received federal funds, Interior must also make publicly available the data used and the background information of its authors. If Interior does not comply, the notice and comment period for the rules and assessments will be extended by specified periods. A rule or an assessment must be withdrawn if Interior fails to comply for more than 180 days. In carrying out the Act, Interior: (1) may not make any determination regarding certain agency action subject to specified mining and environmental Acts, and (2) shall defer to the determinations of an agency or state authority implementing those Acts with respect to any agency action under the jurisdiction of that agency or state."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Survivors Assistance Act of 2011''. TITLE I--PURPOSES; FINDINGS; DEFINITIONS; GRANTS SEC. 101. PURPOSES. The purposes of this Act are-- (1) to include ``older individuals who are Holocaust survivors'' to the list of groups that receive preference for services as defined in section 305(a)(2)(E) of the Older Americans Act of 1965, (2) to designate within the Administration on Aging an individual to have responsibility for older individuals who are Holocaust survivors, and (3) to create a grant program to increase and improve transportation services for older individuals with preference to those older individuals who are Holocaust survivors. SEC. 102. FINDINGS. The Congress finds the following: (1) During the Holocaust, which took place between 1933 and 1945, an estimated 6,000,000 Jews, as well as millions from other targeted groups, were murdered by the Nazis and their collaborators. (2) Approximately 127,000 Holocaust survivors remain in the United States, and thousands pass away each year. (3) Holocaust survivors are getting older and frailer, and will be seeking additional support and assistance from social service providers to enable them to age in place. Providers face increased levels of demand from vulnerable individuals without any additional revenue to cover needed services. (4) All Holocaust survivors are at least 65 years old with approximately three quarters of them older than 75 and a majority in their 80s and 90s. (5) More than half of all Holocaust survivors who emigrated to the United States from the former Soviet Union after 1965 fall beneath 200 percent of the Federal poverty threshold and constitute an extremely vulnerable at-risk population in the United States. (6) Holocaust survivors continue to live with the mental and physical scars of the unconscionable trauma caused by the Holocaust. (7) While institutionalized settings are beneficial for some older people, long-term care facilities can have an adverse effect on Holocaust survivors. For many Holocaust survivors, institutionalized settings reintroduce sights, sounds, smells, emotions and routines which can induce panic, anxiety, and re-traumatization as a result of experiences resulting from the Holocaust. (8) Approximately two-thirds of Holocaust survivors live alone and living alone is a risk factor for institutionalization. (9) Low income Holocaust survivors are more reliant on social service programs than most other older Americans, with proportionally more Holocaust survivors needing services such as personal care, home-delivered and congregate meals, transportation, counseling and mental health support. SEC. 103. DEFINITION. Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended by adding at the end the following: ``(55) The term `Holocaust survivor' means an individual who-- ``(A)(i) lived in a country between 1933 and 1945 under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators; or ``(ii) fled from a country between 1933 and 1945 under a Nazi regime; under Nazi occupation, or under the control of Nazi collaborators; ``(B) was persecuted between 1933 and 1945 on the basis of race, religion, physical or mental disability, sexual orientation, political affiliation, ethnicity, or other basis; and ``(C) was a member of a group that was persecuted by the Nazis.''. SEC. 104. ORGANIZATION. Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is amended-- (1) in paragraph (1)(E) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' each place it appears, and (2) in paragraph (2)(E) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''. SEC. 105. AREA PLANS. Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is amended-- (1) in subsection (a)-- (A) in paragraph (1) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' each place it appears, (B) in paragraph (4)-- (i) in subparagraph (A)-- (I) in clause (i)(I)(bb) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' and (II) in clause (ii) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' each place it appears, and (ii) in subparagraph (B)-- (I) in subclause (VII) by striking ``and'' at the end, (II) by redesignating subclause (VIII) as subclause (IX), and (III) by inserting after subclause (VIII) the following: ``(VIII) older individuals who are Holocaust survivors; and'', and (C) in paragraph (7)(B)(iii) by inserting ``, in particular, older individuals who are Holocaust survivors,'' after ``placement'', and (2) by inserting ``older individuals who are Holocaust survivors,'' after ``areas,''. SEC. 106. STATE PLANS. Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended-- (1) in paragraph (4) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'', (2) in paragraph (16)(A)-- (A) in clause (v) by striking ``and'' at the end, and (B) by adding at the end the following: ``(vii) older individuals who are Holocaust survivors; and'', and (3) in paragraph (28)(A)(ii) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''. SEC. 107. CONSUMER CONTRIBUTIONS. Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) is amended-- (1) in subsection (c)(2) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' and (2) in subsection (d) by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''. SEC. 108. PROGRAM AUTHORIZED. Section 372(c)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3030s-2(c)(2)(A)) is amended by striking ``individuals)'' inserting ``individuals and older individuals who are Holocaust survivors)''. SEC. 109. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION. Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C. 3058i(b)(12)) is amended-- (1) in subparagraph (B) by striking ``or'' at the end, (2) in subparagraph (C) by striking the period at the end and inserting ``or'', and (3) by adding at the end the following: ``(D) older individuals who are Holocaust survivors.''. TITLE II--FUNCTIONS OF ASSISTANT SECRETARY SEC. 201. ESTABLISHMENT OF ADMINISTRATION ON AGING. Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended by adding at the end the following: ``(g)(1) The Assistant Secretary is authorized to designate within the Administration a person to have responsibility for older individuals who are Holocaust survivors. ``(h) It shall be the duty of the Assistant Secretary, acting through the person designated to have responsibility for older individuals who are Holocaust survivors.''. TITLE III--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY SEC. 301. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS WHO ARE HOLOCAUST SURVIVORS. Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following: ``SEC. 423. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS WHO ARE HOLOCAUST SURVIVORS. ``(a) In General.--The Assistant Secretary shall award grants or contracts to nonprofit organizations to improve and increase transportation services for older individuals, with preference toward those older individuals who are Holocaust survivors. The Assistant Secretary shall make grants or enter into such contracts for period of not less than 5 years. ``(b) Use of Funds.-- ``(1) In general.--A nonprofit organization receiving a grant or contract under subsection (a) shall use the funds received through such grant or contract to carry out a demonstration project, or to provide technical assistance to assist local transit providers, area agencies on aging, senior centers, and local senior support groups, to encourage and facilitate coordination of Federal, State, and local transportation services and resources for older individuals who are Holocaust survivors. The organization may use the funds to develop and carry out an innovative transportation demonstration project to create transportation services for older individuals. ``(2) Specific activities.--In carrying out a demonstration project or providing technical assistance under paragraph (1) the organization may carry out activities that include-- ``(A) developing innovative approaches for improving access by older individuals to transportation services, including volunteer driver programs, economically sustainable transportation programs, and programs that allow older individuals to transfer their automobiles to a provider of transportation services in exchange for the services; ``(B) preparing information on transportation options and resources for older individuals and organizations serving such individuals, and disseminating the information by establishing and operating a toll-free telephone number; ``(C) developing models and best practices for providing comprehensive integrated transportation services for older individuals, including services administered by the Secretary of Transportation, by providing ongoing technical assistance to agencies providing services under title III and by assisting in coordination of public and community transportation services; and ``(D) providing special services to link older individuals to transportation services not provided under title III. ``(c) Preference.--In awarding grants and entering into contracts under paragraph (a), the Assistant Secretary shall give preference to organizations and institutions that have previous extensive experience working with and conducting assessment of the needs of Holocaust survivors who are older individuals. ``(d) Consultation.--In determining the type of programs and activities used to improve and increase transportation assistance for Holocaust survivors, the Assistant Secretary shall consult with the individual designated by Section 201(h)(1) of the Act and with national organizations with special expertise in serving Holocaust survivors who are older individuals. ``(e) Eligible Entities.--To be eligible to receive a grant or enter into a contract under paragraph (a), an entity shall have previous extensive experience working with and conducting assessment of the needs of older individuals. ``(f) Report to Congress.--The Assistant Secretary with assistance from the individual designated by Section 201 (h)(1) of the Act, shall prepare and submit to the Speaker of the House of Representatives and the President pro tempore of the Senate an annual report on the status and needs, including the priority areas of concern, of older individuals who are Holocaust survivors.''.", "summary": "Holocaust Survivors Assistance Act of 2011 - Amends the Older Americans Act of 1965 to: (1) include specifically within its purview older Americans who are Holocaust survivors; (2) authorize the Assistant Secretary for Aging of the Department of Health and Human Services (HHS) to designate within the Administration of Aging an individual who is to have responsibility for such individuals; and (3) create a grant program to increase and improve transportation services for older Americans, with preference for Holocaust survivors."}
{"article": "SECTION 1. EXCISE TAX ON GROSS RECEIPTS DERIVED FROM CRUISES. (a) In General.--Subchapter B of chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after section 4472 the following: ``PART II--AD VALOREM TAX ``Sec. 4476. Imposition of tax. ``Sec. 4477. Definitions. ``SEC. 4476. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax, there is hereby imposed a tax of 5 percent of the allocable amount with respect to any covered passenger cruise. ``(b) By Whom Paid.--The tax imposed by this section shall be paid by the person providing the covered passenger cruise. ``SEC. 4477. DEFINITIONS. ``For purposes of this section-- ``(1) Covered passenger cruise.-- ``(A) In general.--The term `covered passenger cruise' means a voyage of a commercial passenger cruise vessel-- ``(i) that extends over 1 or more nights, and ``(ii) during which passengers embark or disembark the vessel in the United States. ``(B) Exceptions for certain voyages.--Such term shall not include any voyage-- ``(i) on any vessel owned or operated by the United States, a State, or any subdivision thereof, ``(ii) which occurs exclusively on the inland waterways of the United States, or ``(iii) in which a vessel in the usual course of employment proceeds, without an intervening foreign port of call from one port or place in the United States to the same port or place or to another port or place in the United States. ``(2) Passenger cruise vessel.-- ``(A) In general.--The term `passenger cruise vessel' means any passenger vessel-- ``(i) having berth or stateroom accommodations for at least 250 passengers, and ``(ii) that is used in the business of carrying passengers for hire. ``(B) Exceptions.--Such term shall not include any ferry, recreational vessel, sailing school vessel, small passenger vessel, offshore supply vessel, or any other vessel determined under regulations by the Secretary to be excluded from the application of this part. ``(C) Definitions.--Any term used in this section which is used in chapter 21 of title 46, United States Code, shall have the meaning given such term under section 2101 of such title. ``(3) Allocable amount.--The term `allocable amount' means-- ``(A) in the case in which a majority of the passengers on any covered passenger cruise embark or disembark in the United States, 100 percent of the gross receipts attributable to such covered passenger cruise, and ``(B) in any other case, 50 percent of the gross receipts attributable to such covered passenger cruise. ``(4) United states.--The term `United States' includes any possession of the United States.''. (b) Conforming Amendment.--Subchapter B of chapter 36 of the Internal Revenue Code of 1986 is amended by striking all preceding section 4471 and inserting the following: ``Subchapter B--Transportation by Water ``Part I--Per Passenger Tax ``Part II--Ad Valorem Tax ``PART I--PER PASSENGER TAX ``Sec. 4471. Imposition of tax. ``Sec. 4472. Definitions.''. (c) Effective Date.--The amendments made by this section shall apply to voyages made after the date of the enactment of this Act. SEC. 2. INTERMODAL INFRASTRUCTURE TRUST FUND. (a) In General.--Subchapter A of Chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. INTERMODAL INFRASTRUCTURE TRUST FUND. ``(a) Creation of Trust Fund.--There is hereby established in the Treasury of the United States a trust fund to be known as the `Intermodal Infrastructure Trust Fund', consisting of such amounts as may be appropriated or credited to the Intermodal Infrastructure Trust Fund in this section or section 9602(b). ``(b) Transfers to Intermodal Infrastructure Trust Fund.--There are hereby appropriated to the Intermodal Infrastructure Trust Fund amounts equivalent to the taxes received in the Treasury under section 4471. ``(c) Expenditures From Intermodal Infrastructure Trust Fund.-- Amounts in the Intermodal Infrastructure Trust Fund shall be available, as provided in appropriations Acts, for transportation improvement, including-- ``(1) the construction or improvement of-- ``(A) passenger or freight rail lines, ``(B) highways, ``(C) bridges, ``(D) airports, ``(E) air traffic control systems, ``(F) port or marine facilities, ``(G) inland waterways, ``(H) transmission or distribution pipelines, ``(I) public transportation facilities or systems, ``(J) intercity passenger bus or passenger rail facilities or equipment, and ``(K) freight rail facilities or equipment, and ``(2) planning, preparation, or design of any project described in paragraph (1).''. (b) Clerical Amendment.--The table of sections for subchapter A of Chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Intermodal Infrastructure Trust Fund.''.", "summary": "Amends the Internal Revenue Code to impose a 5% excise tax on persons providing a covered passenger cruise. Defines "covered passenger cruise" as a voyage of a commercial passenger cruise vessel that extends over one or more nights and during which passengers embark and disembark the vessel in the United States. Defines "passenger cruise vessel" as any passenger vessel having berth or stateroom accommodations for at least 250 passengers and that is used in the business of carrying passengers for hire. Establishes in the Treasury the Intermodal Infrastructure Trust Fund to be funded by the per passenger excise tax. Allows expenditures from such Fund for specified transportation improvements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Mental Health Treatment First Act of 2013''. SEC. 2. MENTAL HEATH CARE AND REHABILITATION FOR VETERANS FOR SERVICE- RELATED POST-TRAUMATIC STRESS DISORDER, DEPRESSION, ANXIETY DISORDER, OR RELATED SUBSTANCE USE DISORDER. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1712B the following new section: ``Sec. 1712C. Mental health care and rehabilitation for service-related post-traumatic stress disorder, depression, anxiety disorder, or related substance use disorder ``(a) In General.--The Secretary shall carry out a program of mental health care and rehabilitation for veterans who-- ``(1) have been discharged or released from service in the active military, naval, or air service under conditions other than dishonorable for a period of not more than two years; ``(2) are enrolled in the system of annual patient enrollment established and operated by the Secretary under section 1705 of this title and have been so enrolled since before the date of the enactment of the Veterans Mental Health Treatment First Act of 2013; ``(3) are diagnosed by a physician of the Department with post-traumatic stress disorder, depression, anxiety disorder, or substance use disorder related to post-traumatic stress disorder, depression, or anxiety disorder that is service- related (as determined in accordance with subsection (b)); and ``(4) agree to the conditions of participation applicable to such veterans set forth in subsection (c). ``(b) Treatment of Conditions as Service-Related.--(1) A condition of a veteran described in subsection (a)(3) shall be treated as service-related for purposes of this section if-- ``(A) the condition has previously been adjudicated by the Secretary to be service-connected; or ``(B) the condition is judged by the physician of the Department making the diagnosis for the veteran as described in subsection (a)(3) to be plausibly related to the service of the veteran in the active military, naval, or air service. ``(2) The Secretary shall prescribe in regulations the standards to be utilized by physicians of the Department in judging under paragraph (1)(B) whether or not a condition of a veteran described in subsection (a)(3) is plausibly related to the service of the veteran in the active military, naval, or air service. ``(c) Conditions of Participation.--(1) As conditions for participation in the program under this section, a veteran seeking mental health care and rehabilitation under the program for a condition described in subsection (a)(3) who has not yet filed a claim for disability under this title for such condition shall agree as follows: ``(A) To comply substantially with the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(B) Not to submit a claim for disability compensation under chapter 11 of this title for post-traumatic stress disorder, depression, anxiety disorder, or a related substance use disorder until the earlier of-- ``(i) the end of the one-year period beginning on the date of the commencement of the program by the veteran; or ``(ii) the conclusion of the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(2) As conditions for participation in the program under this section, a veteran seeking mental health care and rehabilitation under the program for a condition described in subsection (a)(3) who has filed a claim for disability under this title for such condition that has not been adjudicated by the Secretary at the time of the diagnosis of the veteran described in subsection (a)(3)-- ``(A) shall agree to comply substantially with the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran; and ``(B) may agree, at the election of the veteran, to the suspension by the Secretary of adjudication of such claim until completion by the veteran of the treatment regimen and rehabilitation plan. ``(3) As conditions for participation in the program under this section, a veteran seeking mental health care and rehabilitation under the program for one or more conditions described in subsection (a)(3) that have been determined by the Secretary to be service-connected shall agree as follows: ``(A) To comply substantially with the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(B) Not to submit a claim for an increase in disability compensation under chapter 11 of this title for or based on such condition or conditions until the earlier of-- ``(i) the end of the one-year period beginning on the date of the commencement of the program by the veteran; or ``(ii) the completion of the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(d) Treatment Regimen and Rehabilitation Plan.--(1) The Secretary shall provide for each veteran who participates in the program under this section a treatment regimen and rehabilitation plan for the post- traumatic stress disorder, depression, anxiety disorder, or related substance use disorder of such veteran as described in subsection (a)(3). The treatment regimen and rehabilitation plan shall be devised by appropriate clinicians and other appropriate personnel of the Department assigned for that purpose. ``(2) The treatment regimen and rehabilitation plan for a veteran under this subsection shall include such mental health care and rehabilitation as the clinicians and other personnel concerned consider appropriate for the remediation of the condition or conditions of the veteran covered by the plan. ``(3) The duration of each treatment regimen and rehabilitation plan under this subsection shall be such period as the clinician concerned considers appropriate. ``(e) Wellness Stipends.--(1) Subject to paragraph (4), each veteran covered by subsection (c)(1) who participates in the program under this section shall be paid a stipend as follows: ``(A) $2,000 payable upon commencement of the treatment regimen and rehabilitation plan provided under subsection (d) for such veteran. ``(B) $1,500 payable every 90 days thereafter upon certification by the clinician treating such veteran under the program that such veteran is in substantial compliance with such treatment regimen and rehabilitation plan, except that the total amount payable to such veteran under this subparagraph may not exceed $6,000. ``(C) $3,000 payable at the earlier of-- ``(i) the date of the conclusion of such treatment regimen and rehabilitation plan; or ``(ii) one year after the date of the commencement of such treatment regimen and rehabilitation plan by such veteran. ``(2) Subject to paragraph (4), each veteran covered by subsection (c)(2) who participates in the program under this section shall be paid a stipend as follows: ``(A) If such veteran agrees as provided in subparagraph (B) of subsection (c)(2), the stipend payable under paragraph (1). ``(B) If such veteran does not agree as provided in subparagraph (B) of subsection (c)(2), the stipend payable under paragraph (3). ``(3) Subject to paragraph (4), each veteran covered by subsection (c)(3) who participates in the program under this section shall be paid a stipend as follows: ``(A) $667 payable upon commencement of the treatment regimen and rehabilitation plan provided under subsection (d) for such veteran. ``(B) $500 payable every 90 days thereafter upon certification by the clinician treating such veteran under the program that such veteran is in substantial compliance with such treatment regimen and rehabilitation plan, except that the total amount payable to such veteran under this subparagraph may not exceed $2,000. ``(C) $1,000 payable at the earlier of-- ``(i) the date of the conclusion of such treatment regimen and rehabilitation plan; or ``(ii) one year after the date of the commencement of such treatment regimen and rehabilitation plan by such veteran. ``(4) In the event a veteran is determined by the Secretary to have failed to comply with any condition agreed to by the veteran under subsection (c), payment to the veteran of any stipend otherwise authorized to be payable under this subsection shall cease. ``(f) Limitation on Participation.--(1) Except as provided in paragraph (2), a veteran may participate only once in the program under this section. ``(2) A veteran may participate more than once in the program under this section if the Secretary determines that such additional participation in the program will assist the veteran in achieving the remediation of the condition or conditions addressed by participation in the program. ``(3) The total amount of stipend payable under subsection (e) to a veteran covered by paragraph (2) may not exceed $11,000.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1712B the following new item: ``1712C. Mental health care and rehabilitation for service-related post-traumatic stress disorder, depression, anxiety disorder, or related substance use disorder.''.", "summary": "Veterans Mental Health Treatment First Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to carry out a program of mental health care and rehabilitation for veterans who: (1) have been discharged or released from active-duty service under conditions other than dishonorable for no more than two years; (2) are enrolled in the VA system of annual patient enrollment and were so enrolled before the date of enactment of this Act; (3) are diagnosed by a VA physician with post-traumatic stress disorder, depression, anxiety disorder, or substance use disorder that is service-related (as determined by the Secretary or a VA physician); and (4) agree to certain participation conditions, including not submitting a claim for veterans' disability compensation for any such condition until either one year after program commencement or the conclusion of the prescribed treatment regimen. Requires the Secretary to provide for each participant a treatment regimen and rehabilitation plan for the determined condition. Provides a stipend for participants, commencing upon program commencement, continuing through successful treatment and plan compliance, and ending either upon the conclusion of such treatment or one year after treatment and plan commencement. Allows a veteran to participate more than once in the program if the Secretary determines that the additional participation will assist the veteran in achieving the remediation of the condition."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Cancer Care Preservation Act''. SEC. 2. MEDICARE PAYMENT FOR DRUGS AND BIOLOGICALS. (a) In General.--Section 1842(o)(1) of the Social Security Act (42 U.S.C. 1395u(o)(1)) is amended by striking ``95 percent of the average wholesale price'' and inserting ``the payment amount specified in section 1834(n)(2)''. (b) Determination of Payment Amount.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(n) Payment for Drugs and Biologicals.-- ``(1) Reports by manufacturers.-- ``(A) In general.--Every drug manufacturer shall report to the Secretary, in the manner prescribed in this paragraph, its average sales price (as defined in subparagraph (B)) in the United States during each calendar quarter for drugs and biologicals covered under this part. ``(B) Definitions.--For purposes of this subsection-- ``(i) the term `manufacturer' means, with respect to a drug or biological, the entity identified by the Labeler Code portion of the National Drug Code of such drug or biological; and ``(ii) the term `average sales price' means the weighted average of all final sales prices to all purchasers, excluding sales specified in subparagraph (C). In determining such average sales prices, such prices shall be net of volume discounts, chargebacks, short- dated product discounts, free goods contingent on purchases, rebates (other than those made or authorized under section 1927), and all other price concessions that result in a reduction of the ultimate cost to the purchaser. ``(C) Consideration in calculation of average sales prices.--The calculation of average sales price under this subsection shall not include-- ``(i) prices that are excluded from the calculation of `best price' under section 1927(c)(1)(C); ``(ii) prices offered to entities that are considered under subparagraph (B)(i) to be the manufacturers of the drugs or biologicals involved; ``(iii) prices offered by a manufacturer to a hospital, nursing facility, hospice, or health maintenance organization; ``(iv) prices to governmental entities; and ``(v) nominal prices offered to bona fide charitable organizations. ``(D) Quarterly reports.--Each manufacturer shall submit the report required by subparagraph (A) to the Secretary by electronic means no later than 30 days after the end of a calendar quarter with respect to sales that occurred during such quarter. The Secretary shall prescribe the format and other requirements for the report. ``(E) Enforcement.-- ``(i) Failure to timely report.--The Secretary may impose a civil monetary penalty in an amount not to exceed $100,000 on a manufacturer that fails to provide the information required under this paragraph on a timely basis and in the manner required. ``(ii) False information.--For each item of false information, the Secretary may impose a civil money penalty in an amount not to exceed $100,000 on a manufacturer that knowingly provides false information under this paragraph. ``(iii) Manner of imposition of civil monetary penalties.--The provisions in section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(F) Confidentiality of information.-- Notwithstanding any other provision of law, information disclosed by manufacturers under this paragraph is confidential and shall not be disclosed by the Secretary in any form other than as specifically authorized by this subsection. ``(2) Calculation of payment amount.-- ``(A) In general.--Except as otherwise provided in this paragraph, the payment amount for a drug or biological furnished during a calendar quarter shall be 120 percent of the average sales price of the drug or biological for the second preceding calendar quarter as determined under paragraph (1). ``(B) Methodology.--In determining payment amounts under subparagraph (A), the Secretary may, in the Secretary's discretion, use either the average sales price for each drug or biological by specific drug or biological, or a cumulative average sales price based on sales data for all versions of a multiple-source drug that the Secretary, acting through the Food and Drug Administration, has determined are therapeutically equivalent (as evidenced by `A' ratings in the publication Approved Drug Products with Therapeutic Equivalence Evaluations). ``(C) Increase to reflect additional costs attributable to state and local taxes.--In the case of a drug or biological that was subject to a State or local sales tax or gross receipts tax when administered or dispensed, the payment amount determined under subparagraph (A) shall be increased by the amount of such tax paid with respect to such drug or biological. ``(D) Substitution of higher payment amount.--If a physician's, supplier's, or any other person's claim for payment for services under this Act documents that the price paid for a drug or biological was greater than the payment amount determined under subparagraph (A), the actual amount paid shall be substituted for the payment amount determined under subparagraph (A), unless the Secretary determines that the actual amount paid was unreasonable under the circumstances. ``(E) Increase for bad debt and certain other costs.--Upon the submission of supporting information, the Secretary shall make an additional payment to a physician or supplier to cover-- ``(i) uncollectible deductibles and coinsurance due from Medicare beneficiaries with respect to drugs and biologicals furnished to such beneficiaries; and ``(ii) costs incurred in procuring and billing for drugs and biologicals furnished to Medicare beneficiaries.''. SEC. 3. MEDICARE PAYMENT FOR DRUG ADMINISTRATION SERVICES. (a) General.--The Secretary of Health and Human Services (hereafter in this Act referred to as ``the Secretary'') shall revise the practice expense relative value units for drug administration services for years beginning with the year 2005 in accordance with this section. For purposes of this section, ``drug administration services'' includes chemotherapy administration services, therapeutic and diagnostic infusions and injections, and such other services as the Secretary specifies. (b) Direct Costs Equal to 100 Percent of CPEP Estimates.--Using the information, including estimates of clinical staff time, developed in the clinical practice expert panel process, including refinements by American Medical Association committees, the Secretary shall estimate the costs of the nursing and other clinical staff, supplies, and procedure-specific equipment (exceeding a cost specified by the Secretary) used in furnishing each type of drug administration service. The Secretary shall utilize without revision the minutes of clinical staff time determined in such process. The Secretary shall convert the information from such process to estimated costs by applying the most current available data on staff salary, supply, and equipment costs, and such costs shall be updated to 2005 based on estimated changes in prices since the date of such data. (c) Total Practice Expenses.--The Secretary shall estimate the total practice expenses of each drug administration service by assuming that the direct costs for the service determined under subsection (b) are 33.2 percent of such total practice expenses. (d) Conversion to Relative Value Units.--The Secretary shall convert the total practice expenses determined under subsection (c) to practice expense relative value units for each drug administration service by dividing such expenses by the conversion factor that will be in effect for the physician fee schedule for 2005. The relative value units as so determined shall be used in determining the fee schedule amounts paid for drug administration services under section 1848 of the Social Security Act (42 U.S.C. 1395w-4). (e) Updates.--For years after 2005, the relative values determined under subsection (d) shall continue in effect except that the Secretary shall revise them as necessary to maintain their accuracy, provided that such revisions are consistent with the methodology set forth in this section. (f) Multiple Pushes.--In establishing the payment amounts under this section, the Secretary shall establish the payment amount for intravenous chemotherapy administration by push technique based on the administration of a single drug. The Secretary shall make the same payment for each additional drug administered by push technique during the same encounter, except to the extent that the Secretary finds that the cost of administering additional drugs is less than the cost of administering the first drug. SEC. 4. PAYMENTS FOR CHEMOTHERAPY SUPPORT SERVICES. (a) General.--Beginning in the year 2005, the Secretary shall recognize and make payments under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for chemotherapy support services furnished incident to physicians' services. For the purposes of this section, ``chemotherapy support services'' are services furnished by the staff of physicians to patients undergoing treatment for cancer that were not included in the computation of clinical staff costs under section 3(b). Such services include social worker services, nutrition counseling, psychosocial services, and similar services. (b) Direct Costs.--The Secretary shall estimate the cost of the salary and benefits of staff furnishing chemotherapy support services as they are provided in oncology practices that furnish these services to cancer patients in a manner that is considered to be high quality care. The estimate shall be based on the weekly cost of such services per patient receiving chemotherapy. (c) Total Costs.--The Secretary shall estimate the total practice expenses of chemotherapy support services by assuming that the direct costs for the service determined under subsection (b) are 33.2 percent of such total practice expenses. (d) Conversion to Relative Value Units.--The Secretary shall convert the total practice expenses determined under subsection (c) to practice expense relative value units for chemotherapy support services by dividing such expenses by the conversion factor that will be in effect for the physician fee schedule for 2005. The relative value units as so determined shall be used in determining the fee schedule amounts paid for chemotherapy support services under such section 1848. (e) Updates.--For the years after 2005, the relative values determined under subsection (d) shall continue in effect except that the Secretary shall revise them as necessary to maintain their accuracy, provided that such revisions are consistent with the methodology set forth in this section. SEC. 5. CANCER THERAPY MANAGEMENT SERVICES. The Secretary shall recognize and establish a payment amount for the service of cancer therapy management to account for the greater pre-service and post-service work associated with visits and consultations conducted by physicians treating cancer patients compared to typical visits and consultations. The payment amount may vary by the level and type of the related visit or consultation. SEC. 6. OTHER SERVICES WITHOUT PHYSICIAN WORK RELATIVE VALUE UNITS. The Secretary shall develop a revised methodology for determining the payment amounts for services that are paid under the fee schedule established by section 1848 of the Social Security Act (42 U.S.C. 1395w-4) and that do not have physician work relative value units, including radiation oncology services. Such methodology shall result in payment amounts that fully cover the costs of furnishing such services. Until such time as the methodology for such services is revised and implemented, all such services shall be protected from further payment cuts due to factors such as shifts in utilization or removal of any one specialty's services that are paid under the fee schedule established by such section 1848 and that do not have physician work relative value units. SEC. 7. PHYSICIAN SUPERVISION OF SERVICES. Section 1834 of the Social Security Act (42 U.S.C. 1395m), as amended by section 2, is further amended by adding at the end the following new subsection: ``(o) Supervision Requirements.--If the Secretary requires direct supervision of a service by a physician, that supervision requirement may be fulfilled by one or more physicians other than the physician who ordered the service. If the supervising physician is different from the ordering physician for a particular service, the ordering physician may nevertheless bill for such service provided that the medical records for the service involved identify the supervising physician or physicians.''. SEC. 8. REPORT TO CONGRESS. No later than April 1, 2004, the Secretary shall submit to Congress a report on the payment amounts that are projected to be adopted under sections 2, 3, 4, and 5 of this Act. SEC. 9. INSTITUTE OF MEDICINE STUDY. (a) General.--The Secretary of Health and Human Services shall request the Institute of Medicine to conduct the study described in this section. (b) Baseline Study.--The first phase of the study shall include the following objectives: (1) An assessment of the extent to which the current Medicare payment system, prior to implementation of the amendments made by this Act, facilitates appropriate access to care by cancer patients in the various treatment settings. (2) The identification of the comprehensive range of services furnished to cancer patients in the outpatient setting, including support services such as psychosocial services and counseling, and recommendations regarding the types of services that ought to be furnished to Medicare patients with cancer. (3) A discussion of the practice standards necessary to assure the safe provision of services to cancer patients. (4) An analysis of the extent to which the current Medicare payment system supports the role of nurses in the provision of oncology services and recommendations for any necessary improvements in the payment system in that respect. (5) The development of a framework for assessing how the amendments made by this act affect the provision of care to Medicare patients with cancer in the various treatment settings. (c) Second Phase of Study.--After the implementation of the amendments made by this Act, the study shall determine whether and how those amendments affected the provision of care to Medicare patients with cancer. (d) Consultation.--The Institute of Medicine shall consult with the National Cancer Policy Board and organizations representing cancer patients and survivors, oncologists, oncology nurses, social workers, cancer centers, and other healthcare professionals who treat cancer patients in planning and carrying out this study. (e) Due Dates.-- (1) The study required by subsection (b) shall be submitted to the Congress and the Secretary of Health and Human Services no later than June 30, 2004. (2) The study required by subsection (c) shall be submitted to the Congress and the Secretary of Health and Human Services no later than December 31, 2006. SEC. 10. EFFECTIVE DATES. (a) General.--Except as provided in this section, the provisions of this Act shall apply to drugs, biologicals, and services furnished on or after January 1, 2005. (b) Reports From Manufacturers.--The first report by manufacturers required by the provisions of section 2 shall be submitted no later than October 30, 2004, with respect to sales that occurred in the quarter ending September 30, 2004. (c) Supervision of Services.--The amendment made by section 7 shall be effective upon enactment. (d) Services Other Than Drug Administration.--The Secretary shall implement the requirements of section 6 no later than January 1, 2005.", "summary": "Quality Cancer Care Preservation Act - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) to revise the payment amount for covered drugs and biologicals furnished during a calendar quarter that are not paid on a cost or prospective payment basis. Changes such amount from 95 percent of the average wholesale price to 120 percent of the average sales price of the drug or biological for the second preceding calendar quarter. Requires drug manufacturers to report average sales prices each calendar quarter for covered drugs and biologicals.Directs the Secretary of Health and Human Services to: (1) revise the practice expense relative value units for drug administration services (including chemotherapy administration services) in accordance with this Act to determine the units to be used in determining the fee schedule amounts paid for drug administration services under the Medicare program; (2) recognize and make payments under Medicare for chemotherapy support services furnished incident to physicians' services; (3) recognize and establish a payment amount for the service of cancer therapy management to account for the greater pre-service and post-service work associated with visits and consultations conducted by physicians treating cancer patients compared to typical visits and consultations; and (4) develop a revised methodology for determining the payment amounts for services that are paid under the Medicare fee schedule and that do not have physician work relative value units, including radiation oncology services.Amends SSA title XVIII to provide that if the Secretary requires direct supervision of a service by a physician, that supervision requirement may be fulfilled by one or more physicians other than the physician who ordered the service."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lawsuit Abuse Protection Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States civil justice system is inefficient, unpredictable, unfair, costly, and impedes competitiveness in the marketplace for goods, services, business, and employees; (2) the defects in the civil justice system have a direct and undesirable effect on interstate commerce by decreasing the availability of goods and services in commerce; (3) there is a need to restore rationality, certainty, and fairness to the legal system; (4) the spiralling costs of litigation and the magnitude and unpredictability of punitive damage awards and noneconomic damage awards have continued unabated for at least the past 30 years; (5) the Supreme Court of the United States has recognized that a punitive damage award can be unconstitutional if the award is grossly excessive in relation to the legitimate interest of the government in the punishment and deterrence of unlawful conduct; (6) just as punitive damage awards can be grossly excessive, so can it be grossly excessive in some circumstances for a party to be held responsible under the doctrine of joint and several liability for damages that party did not cause; (7) as a result of joint and several liability, entities including small businesses are often brought into litigation despite the fact that their conduct may have little or nothing to do with the accident or transaction giving rise to the lawsuit, and may therefore face increased and unjust costs due to the possibility or result of unfair and disproportionate damage awards; (8) the costs imposed by the civil justice system on small businesses are particularly acute, since small businesses often lack the resources to bear those costs and to challenge unwarranted lawsuits; (9) due to high liability costs and unwarranted litigation costs, small businesses face higher costs in purchasing insurance through interstate insurance markets to cover their activities; (10) liability reform for small businesses will promote the free flow of goods and services, lessen burdens on interstate commerce, and decrease litigiousness; and (11) legislation to address these concerns is an appropriate exercise of Congress' powers under Article I, section 8, clauses 3, 9, and 18 of the Constitution, and the fourteenth amendment to the Constitution. SEC. 3. DEFINITIONS. In this Act: (1) Act of international terrorism.--The term ``act of international terrorism'' has the same meaning as in section 2331 of title 18, United States Code). (2) Crime of violence.--The term ``crime of violence'' has the same meaning as in section 16 of title 18, United States Code. (3) Drug.--The term ``drug'' means any controlled substance (as that term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802(b)) that was not legally prescribed for use by the defendant or that was taken by the defendant other than in accordance with the terms of a lawfully issued prescription. (4) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (5) Harm.--The term ``harm'' includes physical, nonphysical, economic, and noneconomic losses. (6) Hate crime.--The term ``hate crime'' means a crime described in section 1(b) of the Hate Crime Statistics Act (28 U.S.C. 534 note)). (7) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), injury to reputation, and all other nonpecuniary losses of any kind or nature. (8) Small business.-- (A) In general.--The term ``small business'' means any unincorporated business, or any partnership, corporation, association, unit of local government, or organization that has less than 25 full-time employees. (B) Calculation of number of employees.--For purposes of subparagraph (A), the number of employees of a subsidiary of a wholly-owned corporation includes the employees of-- (i) a parent corporation; and (ii) any other subsidiary corporation of that parent corporation. (10) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. SEC. 4. LIMITATION ON PUNITIVE DAMAGES FOR SMALL BUSINESSES. (a) General Rule.--Except as provided in section 6, in any civil action against a small business, punitive damages may, to the extent permitted by applicable State law, be awarded against the small business only if the claimant establishes by clear and convincing evidence that conduct carried out by that defendant through willful misconduct or with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. (b) Limitation on Amount.--In any civil action against a small business, punitive damages shall not exceed the lesser of-- (1) two times the total amount awarded to the claimant for economic and noneconomic losses; or (2) $250,000. (c) Application by Court.--This section shall be applied by the court and shall not be disclosed to the jury. SEC. 5. LIMITATION ON SEVERAL LIABILITY FOR NONECONOMIC LOSS FOR SMALL BUSINESSES. (a) General Rule.--Except as provided in section 6, in any civil action against a small business, the liability of each defendant that is a small business, or the agent of a small business, for noneconomic loss shall be determined in accordance with subsection (b). (b) Amount of Liability.-- (1) In general.--In any civil action described in subsection (a)-- (A) each defendant described in that subsection shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which the defendant is liable; and (B) the court shall render a separate judgment against each defendant described in that subsection in an amount determined pursuant to subparagraph (A). (2) Percentage of responsibility.--For purposes of determining the amount of noneconomic loss allocated to a defendant under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the harm to the claimant, regardless of whether or not the person is a party to the action. SEC. 6. EXCEPTIONS TO LIMITATIONS ON LIABILITY. The limitations on liability under sections 4 and 5 do not apply to any misconduct of a defendant-- (1) that constitutes-- (A) a crime of violence; (B) an act of international terrorism; or (C) a hate crime; (2) that involves-- (A) a sexual offense, as defined by applicable State law; or (B) a violation of a Federal or State civil rights law; or (3) if the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or a drug at the time of the misconduct, and the fact that the defendant was under the influence was the cause of any harm alleged by the plaintiff in the subject action. SEC. 7. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--Subject to subsection (b), this Act preempts the laws of any State to the extent that State laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protections from liability for small businesses. (b) Election of State Regarding Nonapplicability.--This Act does not apply to any action in a State court against a small business in which all parties are citizens of the State, if the State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act does not apply as of a date certain to such actions in the State; and (3) containing no other provision. SEC. 8. EFFECTIVE DATE. (a) In General.--This Act shall take effect 90 days after the date of enactment of this Act. (b) Application.--This Act applies to any claim for harm caused by an act or omission of a small business, if the claim is filed on or after the effective date of this Act, without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.", "summary": "Small Business Lawsuit Abuse Protection Act of 1997 - Provides that, in any civil action against a small business (fewer than 25 full-time employees), punitive damages may be awarded against such business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant through willful misconduct or with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. Prohibits, in any action against a small business, punitive damages from exceeding the lesser of: (1) twice the amount awarded for economic and noneconomic losses; or (2) $250,000. Provides that, in such an action, the liability of each defendant small business shall be limited to the amount of noneconomic loss allocated to that defendant in direct proportion to its percentage of responsibility for the harm that is the subject of the action. Requires the court to render a separate judgment against each such defendant. Provides as exceptions to the small business liability limitations under this Act any misconduct: (1) that constitutes a crime of violence, international terrorism, or a hate crime; (2) that involves a sexual offense or a violation of a Federal or State civil rights law; or (3) if the defendant was under the influence of intoxicating alcohol or a drug at the time of the misconduct and that fact causes any of the harm alleged."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Country-of-Origin Labeling for Fuels Act''. SEC. 2. DEFINITIONS. In this Act: (1) Country-of-origin information.--The term ``country-of- origin information'' means information regarding each country in which motor vehicle fuel or the components of such fuel were extracted, refined, or otherwise processed. (2) Motor vehicle fuel.--The term ``motor vehicle fuel''-- (A) means any fuel used to power an automobile, as defined in section 32901(3) of title 49, United States Code; and (B) includes alternative fuels, as defined in section 32901(1) of such title, other than electricity (including electricity from solar energy). (3) Motor vehicle fuel retailer.--The term ``motor vehicle fuel retailer'' means a person in the motor vehicle fuel supply chain who sells motor vehicle fuel to the general public for ultimate consumption. (4) Motor vehicle fuel supplier.--The term ``motor vehicle fuel supplier'' means a person in the motor vehicle fuel supply chain other than a motor vehicle fuel retailer. SEC. 3. STUDY ON IMPLEMENTING COUNTRY-OF-ORIGIN LABELING FOR MOTOR VEHICLE FUEL. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall-- (1) conduct a study to determine appropriate methods and standards for requiring that-- (A) motor vehicle fuel suppliers disclose country- of-origin information with respect to motor vehicle fuel to the next person in the motor vehicle fuel supply chain; and (B) motor vehicle retailers disclose such information to consumers; and (2) make recommendations with respect to the most feasible and cost-effective country-of-origin information disclosure requirements that can be imposed on motor vehicle fuel suppliers and motor vehicle fuel retailers. (b) Elements of Study.--The study required by subsection (a) shall address the following: (1) The extent to which persons at each step in the motor vehicle fuel supply chain have access to country-of-origin information regarding the fuel they sell, and the nature of any such information. (2) An assessment of whether such information is adequate-- (A) to enable a motor vehicle fuel supplier to provide country-of-origin information to the next person in the supply chain; and (B) to enable a motor vehicle fuel retailer to provide country-of-origin information to consumers, by displaying that information at fuel pumps or on a website. (3) If the Secretary determines under paragraph (2) that such information is inadequate to enable motor vehicle fuel suppliers or motor vehicle fuel retailers to provide country- of-origin information, measures that can be taken to collect adequate information-- (A) by the Secretary; and (B) by motor vehicle fuel suppliers and motor vehicle fuel retailers. (4) The feasibility of various country-of-origin information disclosure requirements, including-- (A) displaying at each fuel pump the precise country or countries in which the fuel being dispensed to each consumer originated; and (B) displaying at each motor vehicle fuel retailer or on the website of each motor vehicle fuel supplier or motor vehicle fuel retailer the country or countries from which the fuel the supplier or retailer (as the case may be) sells generally originates. (5) Such other issues relating to motor vehicle fuel country-of-origin information disclosure requirements as the Secretary considers appropriate. (c) Report to Congress.--Not later than 90 days after completing the study required by subsection (a), the Secretary shall submit to Congress a report that-- (1) summarizes the results of the study; and (2) contains the recommendations required by subsection (a)(2). SEC. 4. REGULATIONS REQUIRING COUNTRY-OF-ORIGIN INFORMATION DISCLOSURE. (a) In General.--Not later than 180 days after submitting the report required by section 3(c), the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall prescribe regulations requiring disclosure of country-of- origin information by motor vehicle fuel suppliers and motor vehicle fuel retailers in accordance with the Secretary's recommendations in the report. (b) 70 Percent Threshold.--The regulations required by subsection (a) shall not require the listing of more than one country-of-origin for a fuel blend containing fuel 70 percent or more of which originated in a single country. SEC. 5. ENFORCEMENT. (a) In General.--Subject to subsection (b), the Secretary of Energy may impose a civil penalty of not more than $10,000 on a person that the Secretary determines, in accordance with section 554 of title 5, United States Code, knowingly violates the regulations prescribed under section 4. (b) Requirements With Respect to Imposition of Penalty.-- (1) Notice.--The Secretary of Energy may not impose a penalty upon a person for violating the regulations prescribed under section 4 unless-- (A) the Secretary provides the person with notice of the violation; and (B) the violation continues for more than 30 days after the date on which the person received notice under subparagraph (A). (2) Determination of amount of penalty.--In determining the amount of the penalty to be imposed on a person for violating the regulations prescribed under section 4, the Secretary shall consider the severity of the violation, the size of the person's business, and the effect of the penalty on the person's ability to continue in business.", "summary": "Country-of-Origin Labeling for Fuels Act - Directs the Secretary of Energy to study and report to Congress with recommendations for appropriate methods and standards for requiring: (1) motor vehicle fuel suppliers to disclose to the next person in the motor vehicle fuel supply chain information regarding each country in which the fuel or any of its components were extracted, refined, or otherwise processed; and (2) motor vehicle retailers to disclose this information to consumers. Requires the Secretary to prescribe regulations requiring disclosure of country-of-origin information by motor vehicle fuel suppliers and retailers in accordance with such recommendations. Prohibits such regulations, however, from requiring the listing of more than one country-of-origin for a fuel blend containing fuel 70% or more of which originated in a single country. Authorizes the Secretary to impose a civil penalty of up to $10,000 on any person that knowingly violates such regulations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Morale, Recognition, Learning and Engagement Act of 2017'' or the ``DHS MORALE Act''. SEC. 2. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES. Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``, including with respect to leader development and employee engagement,'' after ``policies''; (ii) by striking ``and in line'' and inserting ``, in line''; and (iii) by inserting ``and informed by best practices within the Federal government and the private sector,'' after ``priorities,''; (B) in paragraph (2), by striking ``develop performance measures to provide a basis for monitoring and evaluating'' and inserting ``evaluate, on an ongoing basis,''; (C) in paragraph (3), by inserting ``that, to the extent practicable, are informed by employee feedback,'' after ``policies''; (D) in paragraph (4), by inserting ``including leader development and employee engagement programs,'' before ``in coordination''; (E) in paragraph (5), by inserting before the semicolon at the end the following: ``that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and non-supervisory roles across the Department and appropriate workforce planning initiatives''; (F) by redesignating paragraphs (9) and (10) as paragraphs (11) and (12), respectively; and (G) by inserting after paragraph (8) the following new paragraphs: ``(9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 844, departmental leadership development programs, interagency development programs, and other rotational programs; ``(10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees;''; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting after subsection (c) the following new subsection: ``(d) Chief Learning and Engagement Officer.--The Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section.''; and (4) in subsection (e), as so redesignated-- (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (1) the following new paragraphs: ``(2) information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction; ``(3) information on the progress of Department-wide strategic workforce planning efforts as determined under paragraph (2) of subsection (b); ``(4) information on the activities of the steering committee established pursuant to section 710(a), including the number of meeting, types of materials developed and distributed, and recommendations made to the Secretary;''. SEC. 3. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section: ``SEC. 710. EMPLOYEE ENGAGEMENT. ``(a) Steering Committee.--Not later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and non-supervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities: ``(1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate. ``(2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate. ``(3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. ``(4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department. ``(5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Department-wide efforts to improve employee engagement, morale, and communications. ``(b) Action Plan; Reporting.--The Secretary, acting through the Chief Human Capital Officer, shall-- ``(1) not later than 120 days after the date of the establishment of the steering committee under subsection (a), issue a Department-wide employee engagement action plan, reflecting input from the employee engagement steering committee established pursuant to subsection (a) and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and ``(2) require the head of each component to-- ``(A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives; ``(B) monitor progress on implementation of such action plan; and ``(C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph. ``(c) Termination.--This section shall terminate on the date that is 5 years after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 709 the following new item: ``Sec. 710. Employee engagement.''. (c) Submissions to Congress.-- (1) Department-wide employee engagement action plan.--The Secretary of Homeland Security, acting through the Chief Human Capital Officer of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the Department-wide employee engagement action plan required under subsection (b)(1) of section 710 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 30 days after the issuance of such plan under such subsection (b)(1). (2) Component-specific employee engagement plans.--Each head of a component of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the component-specific employee engagement plan of each such component required under subsection (b)(2) of section 710 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 30 days after the issuance of each such plan under such subsection (b)(2). SEC. 4. ANNUAL EMPLOYEE AWARD PROGRAM. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 3 of this Act, is further amended by adding at the end the following new section: ``SEC. 711. ANNUAL EMPLOYEE AWARD PROGRAM. ``(a) In General.--The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department's goals and missions. If such a program is established, the Secretary shall-- ``(1) establish within such program categories of awards, each with specific criteria, that emphasizes honoring employees who are at the non-supervisory level; ``(2) publicize within the Department how any employee or group of employees may be nominated for an award; ``(3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; ``(4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and ``(5) publicize such program within the Department. ``(b) Internal Review Board.--The internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and non-supervisory personnel, and employee labor organizations that represent Department employees. ``(c) Rule of Construction.--Nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by section 3 of this Act, is further amended by inserting after the item relating to section 710 the following new item: ``Sec. 711. Annual employee award program.''. SEC. 5. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN. (a) In General.--Not later than 120 days after the date of the enactment of this Act or the issuance of a report by the Inspector General of the Department of Homeland Security on the extent to which the Department has an equitable and consistent disciplinary process, whichever is later, but in no case later than 1 year after such date of enactment, the Comptroller General of the United States shall utilize, if available, such report and investigate whether the application of discipline and adverse actions are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across the Department for misconduct by a non- supervisory or supervisor employee who engaged in the same or substantially similar misconduct. (b) Consultation.--In carrying out the investigation described in subsection (a), the Comptroller General of the United States shall consult with the employee engagement steering committee established pursuant to subsection (b)(1) of section 710 of the Homeland Security Act of 2002 (as added by section 3(a) of this Act). (c) Action by Under Secretary for Management.--Upon completion of the investigation described in subsection (a), the Under Secretary for Management of the Department of Homeland Security shall review the findings and recommendations of such investigation and implement a plan, in consultation with the employee engagement steering committee established pursuant to subsection (b)(1) of section 710 of the Homeland Security Act of 2002, to correct any relevant deficiencies identified by the Comptroller General of the United States. The Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee activities and action plans authorized under such section 710. SEC. 5. PROHIBITION ON NEW FUNDING. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives June 20, 2017. Attest: KAREN L. HAAS, Clerk.", "summary": "Department of Homeland Security Morale, Recognition, Learning and Engagement Act of 2017 or the DHS MORALE Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Chief Human Capital Officer of the Department of Homeland Security (DHS) (the chief) to: develop and implement strategic workforce planning policies with respect to leader development and employee engagement; develop and implement policies that are informed by employee feedback; require that the career path framework and leader development opportunities are informed by an assessment of the learning and developmental needs of employees across DHS and appropriate workforce planning initiatives; maintain a catalogue of available employee development opportunities, departmental leadership development programs, interagency development programs, and other rotational programs; and ensure that employee discipline and adverse action programs comply with all pertinent laws, regulations, and federal guidance and ensure due process. The chief may designate a DHS employee to serve as Chief Learning and Engagement Officer. DHS's report to Congress on fulfilling its workforce strategies shall include information on: (1) employee development opportunities, participation and attrition rates, and impacts on retention and employee satisfaction; (2) progress of strategic workforce planning efforts; and (3) activities of the employee engagement steering committee. (Sec. 3) The bill establishes an employee engagement steering committee, including representatives from operational components, headquarters, field personnel, and employee labor organizations, to: identify factors that have a negative impact on employee engagement, morale, and communications within DHS; identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within DHS; monitor efforts of each DHS component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications; advise DHS on efforts to improve employee engagement, morale, and communications within specific DHS components and across DHS; and conduct regular meetings and report, at least quarterly, to the Under Secretary for Management, the head of each component, and the DHS Secretary on DHS-wide efforts to improve employee engagement, morale, and communications. The chief shall: (1) issue a DHS-wide employee engagement action plan to execute strategies to improve employee engagement, morale, and communications within DHS; and (2) require each component to develop and implement a component-specific plan to advance such action plan, monitor progress, and provide quarterly reports on progress. The preceding provisions terminate five years after enactment. (Sec. 4) DHS may establish an annual employee award program to recognize DHS employees for significant contributions to the achievement of its goals and missions. (Sec. 5) The Government Accountability Office (GAO) shall utilize a report by the Inspector General General of DHS, if available, and investigate whether the application of discipline and adverse actions are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across DHS for misconduct by a non-supervisory or a supervisor employee. DHS's Under Secretary for Management shall: (1) review the findings and recommendations of such investigation and implement a plan to correct any relevant deficiencies identified by the GAO, and (2) direct the steering committee to review such plan to inform committee activities and action plans authorized under this bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Political Intelligence Disclosure Act''. SEC. 2. DISCLOSURE OF POLITICAL INTELLIGENCE ACTIVITIES UNDER LOBBYING DISCLOSURE ACT. (a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended-- (1) in paragraph (2)-- (A) by inserting after ``lobbying activities'' each place that term appears the following: ``or political intelligence activities''; and (B) by inserting after ``lobbyists'' the following: ``or political intelligence consultants''; and (2) by adding at the end the following new paragraphs: ``(17) Political intelligence activities.--The term `political intelligence activities' means political intelligence contacts and efforts in support of such contacts, including preparation and planning activities, research, and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the political intelligence activities of others. ``(18) Political intelligence contact.-- ``(A) Definition.--The term `political intelligence contact' means any oral or written communication (including an electronic communication) to or from a covered executive branch official or a covered legislative branch official, the information derived from which is intended for use in analyzing securities or commodities markets, or in informing investment decisions, that is made on behalf of a client with regard to-- ``(i) the formulation, modification, or adoption of Federal legislation (including legislative proposals); ``(ii) the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, policy, or position of the United States Government; or ``(iii) the administration or execution of a Federal program or policy (including the negotiation, award, or administration of a Federal contract, grant, loan, permit, or license). ``(B) Exception.--The term `political intelligence contact' does not include a communication that is made by or to a representative of the media if the purpose of the communication is gathering and disseminating news and information to the public. ``(19) Political intelligence firm.--The term `political intelligence firm' means a person or entity that has 1 or more employees who are political intelligence consultants to a client other than that person or entity. ``(20) Political intelligence consultant.--The term `political intelligence consultant' means any individual who is employed or retained by a client for financial or other compensation for services that include one or more political intelligence contacts.''. (b) Registration Requirement.--Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by inserting after ``whichever is earlier,'' the following: ``or a political intelligence consultant first makes a political intelligence contact,''; and (ii) by inserting after ``such lobbyist'' each place that term appears the following: ``or consultant''; (B) in paragraph (2), by inserting after ``lobbyists'' each place that term appears the following: ``or consultants''; and (C) in paragraph (3)(A)-- (i) by inserting after ``lobbying activities'' each place that term appears the following: ``and political intelligence activities''; and (ii) in clause (i), by inserting after ``lobbying firm'' the following: ``or political intelligence firm''; (2) in subsection (b)-- (A) in paragraph (3), by inserting after ``lobbying activities'' each place that term appears the following: ``or political intelligence activities''; (B) in paragraph (4)-- (i) in the matter preceding subparagraph (A), by inserting after ``lobbying activities'' the following: ``or political intelligence activities''; and (ii) in subparagraph (C), by inserting after ``lobbying activity'' the following: ``or political intelligence activity''; (C) in paragraph (5), by inserting after ``lobbying activities'' each place that term appears the following: ``or political intelligence activities''; (D) in paragraph (6), by inserting after ``lobbyist'' each place that term appears the following: ``or political intelligence consultant''; and (E) in the matter following paragraph (6), by inserting ``or political intelligence activities'' after ``such lobbying activities''; (3) in subsection (c)-- (A) in paragraph (1), by inserting after ``lobbying contacts'' the following: ``or political intelligence contacts''; and (B) in paragraph (2)-- (i) by inserting after ``lobbying contact'' the following: ``or political intelligence contact''; and (ii) by inserting after ``lobbying contacts'' the following: ``and political intelligence contacts''; and (4) in subsection (d)(1), by inserting after ``lobbying activities'' each place that term appears the following: ``or political intelligence activities''. (c) Reports by Registered Political Intelligence Consultants.-- Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (1) in subsection (a), by inserting after ``lobbying activities'' the following: ``and political intelligence activities''; (2) in subsection (b)-- (A) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting after ``lobbying activities'' the following: ``or political intelligence activities''; (ii) in subparagraph (A)-- (I) by inserting after ``lobbyist'' the following: ``or political intelligence consultant''; and (II) by inserting after ``lobbying activities'' the following: ``or political intelligence activities''; (iii) in subparagraph (B), by inserting after ``lobbyists'' the following: ``or political intelligence consultants''; and (iv) in subparagraph (C), by inserting after ``lobbyists'' the following: ``or political intelligence consultants''; (B) in paragraph (3)-- (i) by inserting after ``lobbying firm'' the following: ``or political intelligence firm''; and (ii) by inserting after ``lobbying activities'' each place that term appears the following: ``or political intelligence activities''; and (C) in paragraph (4), by inserting after ``lobbying activities'' each place that term appears the following: ``or political intelligence activities''; and (3) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``or a political intelligence consultant'' after ``a lobbyist''. (d) Disclosure and Enforcement.--Section 6(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended-- (1) in paragraph (3)(A), by inserting after ``lobbying firms'' the following: ``, political intelligence consultants, political intelligence firms,''; (2) in paragraph (7), by striking ``or lobbying firm'' and inserting ``lobbying firm, political intelligence consultant, or political intelligence firm''; and (3) in paragraph (8), by striking ``or lobbying firm'' and inserting ``lobbying firm, political intelligence consultant, or political intelligence firm''. (e) Rules of Construction.--Section 8(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1607(b)) is amended by striking ``or lobbying contacts'' and inserting ``lobbying contacts, political intelligence activities, or political intelligence contacts''. (f) Identification of Clients and Covered Officials.--Section 14 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended-- (1) in subsection (a)-- (A) in the heading, by inserting ``or Political Intelligence'' after ``Lobbying''; (B) by inserting ``or political intelligence contact'' after ``lobbying contact'' each place that term appears; and (C) in paragraph (2), by inserting ``or political intelligence activity, as the case may be'' after ``lobbying activity''; (2) in subsection (b)-- (A) in the heading, by inserting ``or Political Intelligence'' after ``Lobbying''; (B) by inserting ``or political intelligence contact'' after ``lobbying contact'' each place that term appears; and (C) in paragraph (2), by inserting ``or political intelligence activity, as the case may be'' after ``lobbying activity''; and (3) in subsection (c), by inserting ``or political intelligence contact'' after ``lobbying contact''. (g) Annual Audits and Reports by Comptroller General.--Section 26 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1614) is amended-- (1) in subsection (a), by inserting ``political intelligence firms, political intelligence consultants,'' after ``lobbying firms''; (2) in subsection (b)(1)(A), by inserting ``political intelligence firms, political intelligence consultants,'' after ``lobbying firms''; and (3) in subsection (c), by inserting ``or political intelligence consultant'' after ``a lobbyist''.", "summary": "Political Intelligence Disclosure Act - Amends the Lobbying Disclosure Act of 1995 (LDA) to require the disclosure of political intelligence activities. Requires political intelligence consultants to register with the Secretary of the Senate and the Clerk of the House of Representatives, and make quarterly reports on political intelligence activities. Requires any person or entity that makes an oral political intelligence contact with a covered legislative branch or executive branch official on the official's request to: (1) state whether such person or entity is registered under this Act; (2) identify the client on behalf of whom the contact is made; and (3) state whether such client is a foreign entity, and make any related disclosures. Requires any person making a written political intelligence contact with a covered legislative branch or executive branch official to make similar disclosures, especially about clients considered foreign entities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Citizens Voting Rights Act of 1996''. SEC. 2. EXTENSION OF PERIOD FOR RECEIPT OF ABSENTEE BALLOTS. Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended-- (1) by striking out ``and'' at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(4) permit absentee ballots to be received at least until the close of polls on election day.''. SEC. 3. EXTENSION OF FEDERAL WRITE-IN ABSENTEE BALLOT PROVISIONS TO SPECIAL, PRIMARY, AND RUNOFF ELECTIONS. (a) In General.--Section 103(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is amended-- (1) by inserting after ``general'' the following: ``, special, primary, and runoff''; and (2) by striking out ``States,'' and inserting in lieu thereof ``State''. (b) Special Rules.--Section 103(c) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(c)) is amended-- (1) in paragraph (1), by inserting after ``candidate or'' the following: ``, with respect to a general or special election,''; and (2) in paragraph (2), by inserting after ``candidate or'' the following: ``with respect to a general election''. (c) Use of Approved State Absentee Ballot in Place of Federal Write-in Absentee Ballot.--Section 103(e) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(e)) is amended by striking out ``a general'' and inserting in lieu thereof ``an''. (d) Certain States Exempted.--Section 103(f) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(f)) is amended by striking out ``general'' each place it appears. (e) Effective Date.--The amendments made by this section shall apply with respect to elections taking place after December 31, 1996. SEC. 4. USE OF ELECTRONIC RETURN OF ABSENTEE BALLOTS. (a) In General.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended-- (1) by striking out ``and'' at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(10) in consultation with the Presidential designee, consider means for providing for expeditious methods for the return of absentee ballots, including return by electronic transmittal, with maximum regard for ballot secrecy, audit procedures, and other considerations relating to the integrity of the election process.''. (b) Secrecy and Verification of Electronically Transmitted Ballots.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended-- (1) by striking out ``To afford'' and inserting in lieu thereof ``(a) In General.--To afford''; and (2) by adding at the end the following new subsection: ``(b) Secrecy and Verification of Electronically Transmitted Ballots.--No electronic transmittal or related procedure under subsection (a)(10) that is paid for, in whole or in part, with Federal funds may be carried out in any manner that (1) permits any person other than the voter to view a completed ballot, or (2) otherwise compromises ballot secrecy. At the earliest possible opportunity, the original of each completed ballot that is transmitted electronically shall be submitted in a secrecy envelope to the applicable location in the State involved.'' SEC. 5. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS. (a) In General.--The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by adding at the end the following new sections: ``SEC. 108. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS. ``(a) In General.--Each State, in cooperation with the Presidential designee, shall establish a system for electronic transmittal of balloting materials for overseas voters. The system shall provide for-- ``(1) electronic transmittal as an alternative method for transmittal of balloting materials to overseas voters; ``(2) use of the format of the official post card form prescribed under section 101 (or the format of any other registration form provided for under State law) for purposes of absentee voter registration application and absentee ballot application, with the condition that a State may require receipt of a form with an original signature before the ballot of the voter is counted; ``(3) furnishing of absentee ballots by electronic transmittal, from locations within the State, as selected by the chief State election official, to overseas voters who request such transmittal; and ``(4) special alternative methods of transmittal of balloting materials for use only when required by an emergency declared by the President or the Congress. ``(b) Funding Requirement.--The requirements of subsection (a) shall apply to a State with respect to an election-- ``(1) if there is full payment by the Federal Government of any additional cost incurred by the State after the date of the enactment of this Act for the implementation of such subsection (a), with such costs to be determined by the Presidential designee and the chief State election official, acting jointly; or ``(2) in any case of less than full payment, as described in paragraph (1), if the State, in the manner provided for under the law of the State, agrees to the application of such requirements. ``SEC. 109. NOTIFICATION REQUIREMENT FOR APPROVAL OF ELECTRONIC TRANSMITTAL METHOD. ``The Presidential designee may not approve use of any method of electronic transmittal for purposes of this Act, unless, not later than 90 days before the effective date of the approval, the Presidential designee submits to the Congress a detailed report describing the method.''. (b) Definition Amendment.--Section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended-- (1) by striking out ``and'' at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(9) the term `electronic transmittal' means, with respect to balloting materials, transmittal by facsimile machine or other electronic method approved by the Presidential designee.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections taking place after December 31, 1996. SEC. 6. REPORT PROVISION. Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(6)) is amended-- (1) by striking out ``participation and'' and inserting in lieu thereof ``participation,''; and (2) by inserting before the period at the end the following: ``, and a separate analysis of electronic transmittal of balloting materials''. Passed the House of Representatives May 14, 1996. Attest: ROBIN H. CARLE, Clerk.", "summary": "Overseas Citizens Voting Rights Act of 1996 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to require each State to allow absentee ballots to be received at least until the closing of polls on election day. (Sec. 3) Extends the Federal write-in ballot provisions to include special, primary, and run-off elections. (Sec. 4) Recommends that the States consider, with respect to absent uniformed services voters and overseas voters, means to provide for the expeditious return of absentee ballots, including return by electronic transmittal. (Sec. 5) Requires each State to establish a system for electronic transmittal of balloting materials for overseas voters. Sets forth provisions concerning system requirements, including funding and notification requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``King Holiday and Service Act of 1993''. SEC. 2. MARTIN LUTHER KING, JR. FEDERAL HOLIDAY COMMISSION. The Act entitled ``An Act to establish a commission to assist in the first observance of the Federal legal holiday honoring Martin Luther King, Jr.'', approved August 27, 1984 (36 U.S.C. 169j et seq.; Public Law 98-399; 98 Stat. 1473) is amended-- (1) in section 3(1) by inserting ``including service opportunities'' after ``activities''; (2) in section 4 by adding at the end thereof the following new subsections: ``(e)(1) No less than 3 of the members appointed to the Commission under the provisions of subsection (a)(6) shall be under the age of 29 years on the date of such appointment. ``(2) The requirement under paragraph (1) shall apply with regard to appointments made during fiscal year 1994 and each fiscal year thereafter. ``(f) The Chairperson of the Board of the Commission on National and Community Service established under section 190 of the National and Community Service Act of 1990 (42 U.S.C. 12651) shall be an ex officio member of the Martin Luther King, Jr. Federal Holiday Commission. Such ex officio member shall be a voting member.''; (3) in section 6(a) by striking out ``grade GS-18 of the General Schedule under section 5332'' and inserting in lieu thereof ``a position above GS-15 of the General Schedule under section 5108''; (4) in section 7 by striking out ``$300,000 for fiscal year 1989 and each of the 4 succeeding fiscal years.'' and inserting in lieu thereof ``$300,000 for each of fiscal years 1994 and 1995 and such funds as may be necessary for each of fiscal years 1996 and 1997.''; (5) in section 8 by inserting after ``under this Act'' the following: ``or under section 168 of the National and Community Service Act of 1990''; and (6) in section 9 by striking out ``April 20, 1994'' and inserting in lieu thereof ``until terminated by law''. SEC. 3. NATIONAL SERVICE DAY. Part IV of subtitle E of title I of the National and Community Service Act of 1990 (42 U.S.C. 12621 et seq.) is amended by adding at the end thereof the following: ``SEC. 168. NATIONAL SERVICE DAY. ``(a) Grants.--The Commission may make grants under section 102 to eligible entities to pay for the Federal share of the cost of planning and carrying out service opportunities on the Federal legal holiday honoring the birthday of Martin Luther King, Jr. ``(b) Eligible Entities.--To be eligible to receive a grant under subsection (a), an entity shall be a State, community, institution of higher education, local educational agency, State educational agency, a private industry council established under section 102 of the Job Training Partnership Act (29 U.S.C. 1512), or a community-based agency. ``(c) Application.--To be eligible to receive a grant under subsection (a), an entity shall submit an application at such time, in such manner, and containing such information as the Commission may require. ``(d) Consideration of Applications.-- ``(1) Consultation.--In making grants under subsection (a), the Commission shall consult with the Martin Luther King, Jr. Federal Holiday Commission. ``(2) Recommendations.--The Martin Luther King, Jr. Federal Holiday Commission shall review the applications submitted under subsection (c) and make recommendations with respect to the entities that shall be eligible to receive a grant under subsection (a). ``(3) Selection.--The Commission shall not make a grant under subsection (a) to an entity unless the Martin Luther King, Jr. Federal Holiday Commission has recommended that the entity be eligible to receive such a grant. ``(e) Federal Share.-- ``(1) In general.--The Federal share of the cost of planning and carrying out the activities described in subsection (a) shall be 30 percent. ``(2) Calculation.--The State and local share of such cost may be in cash or in kind, fairly evaluated, including facilities, equipment, or services.''. (b) Definition.--Section 101(23) of such Act (42 U.S.C. 12511(23)) is amended by striking out ``students or out-of-school youth'' and inserting in lieu thereof ``participants or volunteers in programs under this Act''. (c) Report.--Section 172(b)(2) of such Act (42 U.S.C. 12632(b)(2)) is amended by adding at the end thereof the following: ``Each such report shall also contain an evaluation, conducted under section 179, of the service opportunities carried out under section 168.''. (d) Ex Officio Member.--Section 190(b)(1)(B) of such Act (42 U.S.C. 12651(b)(1)(B)) is amended by striking out ``and the Director of the ACTION agency'' and inserting in lieu thereof ``the Director of the ACTION Agency, and the chairperson of the Martin Luther King, Jr. Federal Holiday Commission''. (e) Authorization of Appropriations.--Section 501(a) of such Act (42 U.S.C. 12681(a)) is amended-- (1) in paragraph (1)(A), by striking out the period and inserting in lieu thereof ``and such sums as may be necessary for each of the fiscal years 1994 through 1999.''; and (2) in paragraph (2)-- (A) at the end of subparagraph (C), by striking out ``and''; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: ``(D) $300,000 shall be available to carry out section 168; and''. (f) Table of Contents.--Section 1(b) of such Act (42 U.S.C. 12401 note) is amended by inserting after the item relating to section 167 the following: ``Sec. 168. National service day.''.", "summary": "King Holiday and Service Act of 1993 - Amends Federal law to: (1) authorize appropriations for the Martin Luther King, Jr. Federal Holiday Commission; (2) extend the Commission; and (3) revise its membership. Amends the National and Community Service Act of 1990 to authorize the Commission to make grants to eligible entities to carry out service opportunities on Martin Luther King, Jr.'s birthday. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Equality Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1997, Congress enacted the Adoption and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115), clearly stating that a child's health and safety are paramount, and that each child deserves a permanent home. (2) The Adoption and Safe Families Act of 1997 provides incentives for adoptions, and for fiscal year 2005, States placed nearly 52,000 children from State care. (3) In 2003, the Adoption Promotion Act (Public Law 108- 145, 117 Stat. 1879), which reauthorized the incentive program, gave greater emphasis on moving older children into permanency. (4) Despite the increase in adoptions, in 2005, more than 115,000 children in foster care were waiting to be adopted. (5) Some States have chosen to limit services provided to special needs adopted children who are not eligible for adoption assistance under part E of title IV of the Social Security Act, in effect discriminating against a child whose parental rights have been terminated by basing the child's eligibility for such assistance on the financial status of adults who are no longer the child's legal parents. (6) These children have many special needs and require Federal financial assistance and support to start the physical and emotional healing after what may have been past years of abuse and neglect. SEC. 3. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS. (a) In General.--Section 473(a)(2) of the Social Security Act (42 U.S.C. 673(a)(2)) is amended to read as follows: ``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if the child-- ``(i)(I) at the time of termination of parental rights, was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State, that continuation in the home would be contrary to the safety or welfare of the child; ``(II) meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; or ``(III) was residing in a foster family home or child care institution with a minor parent of the child pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State, that continuation in the home would be contrary to the safety or welfare of the child; and ``(ii) has been determined by the State, pursuant to subsection (c), to be a child with special needs, which needs shall be considered by the State, together with the circumstances of the adopting parents, in determining the amount of any payments to be made to the adoptive parents. ``(B) Notwithstanding any other provision of law, and except as provided in paragraph (7), a child who is not a citizen or resident of the United States, who is lawfully present in the United States, and who meets the requirements of subparagraph (A) shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii). ``(C) A child who meets the requirements of subparagraph (A) of this paragraph, who was determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated, or because the child's adoptive parents have died, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).''. (b) Exception.--Section 473(a) of such Act (42 U.S.C. 673(a)) is amended by adding at the end the following: ``(7)(A) Notwithstanding any other provision of this subsection, a State shall not make a payment pursuant to this section to parents with respect to a child considered by a State to be a special needs child if the child-- ``(i) is not a citizen or resident of the United States; and ``(ii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. ``(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for a child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of the child by the parents described in such subparagraph.''. (c) Determination of a Child With Special Needs.--Section 473(c)(1) of such Act (42 U.S.C. 673(c)(1)) is amended to read as follows: ``(1)(A) the State has determined, pursuant to criteria established by the State, that the child cannot or should not be returned to the home of his or her parents; or ``(B) the child meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; and''. SEC. 4. SENSE OF THE CONGRESS. It is the sense of the Congress that the States should reinvest in child welfare programs any savings resulting from the implementation of the amendments made by this Act. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on October 1, 2008, and shall apply with respect to adoption assistance agreements entered into, and to payments under part E of title IV of the Social Security Act for calendar quarters beginning, on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Delay Permitted if State Legislation Required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.", "summary": "Adoption Equality Act of 2007 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise requirements for children with special needs in the adoption assistance program. Requires that the child be in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, where the state has determined that continuation in the home would be contrary to the child's safety or welfare. Specifies related requirements. Prohibits adoption assistance to parents with respect to a child who is not a U.S. citizen or resident, and who was adopted outside of the United States or brought into the United States for the purposes of being adopted. Expresses the sense of the Congress that the states should reinvest in child welfare programs any savings resulting from the implementation of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Establishing Beneficiary Equity in the Hospital Readmission Program Act of 2015''. SEC. 2. ESTABLISHING BENEFICIARY EQUITY IN THE MEDICARE HOSPITAL READMISSION PROGRAM. (a) Transitional Adjustment for Dual Eligible Population and Socioeconomic Status.--Section 1886(q)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(q)(4)(C)) is amended by adding at the end the following new clause: ``(iii) Transitional adjustment for dual eligible population and socioeconomic status.-- ``(I) In general.--In determining a hospital's excess readmission ratio under clause (i) for purposes of making payments for discharges occurring during fiscal years 2016 and 2017, and before the initial application of clause (iv), and in order to ensure that hospitals that treat the most vulnerable populations are not unfairly penalized by the program under this subsection, the Secretary shall provide for such risk adjustment as will take into account both a hospital's proportion of inpatients who are full- benefit dual eligible individuals (as defined in section 1935(c)(6)) and the socioeconomic status of the patients served by the hospital. ``(II) Quantitative method.--For purposes of applying subclause (I)(bb), the Secretary, to the maximum extent practicable, shall utilize the most recent data available from the Bureau of the Census in order to develop a quantitative method to adjust for socioeconomic status. In developing such quantitative method, the Secretary-- ``(aa) shall, to the maximum extent practicable, use inputs that address at least income, education level, or poverty rate; and ``(bb) may include inputs that address other socioeconomic and sociodemographic factors determined appropriate by the Secretary. ``(III) Patients served by the hospital.--For purposes of subclause (I)(bb), the Secretary shall, to the maximum extent practicable, measure the socioeconomic status for all patients served by each hospital. The Secretary may supplement incomplete or inaccessible patient-level data with data related to the geographic region of the patients served by the hospital. ``(IV) Minimizing reporting burden on hospitals.--In carrying out this clause, the Secretary shall not impose any additional reporting requirements on hospitals.''. (b) Subsequent Adjustments Based on IMPACT and MedPAC Reports.-- Section 1886(q)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(q)(4)(C)) is further amended by adding at the end the following new clause: ``(iv) Risk adjustments under readmission program based on impact and medpac reports.--In making recommendations under subparagraph (D) of section 2(d)(1) of the IMPACT Act of 2014 (Public Law 113-185; 42 U.S.C. 1395lll note) with respect to the application of risk adjustment under this subsection, the Secretary is required to base such risk adjustment on the reports submitted under subparagraphs (A)(ii) and (B)(ii) of such section as well as on the report submitted by the Medicare Payment Advisory Commission under section 2(c) of the Establishing Beneficiary Equity in the Hospital Readmission Program Act of 2015. The Administrator of the Centers for Medicare & Medicaid Services shall incorporate such recommendations in carrying out risk adjustment under this subsection for discharges occurring in fiscal years after fiscal year 2017 in order to ensure that hospitals that treat the most vulnerable populations are not unfairly penalized by the program under this subsection. For fiscal years beginning more than 5 years after the date of submission of the report under section 2(d)(1)(B)(ii) of the IMPACT Act of 2014, the Secretary may use alternative adjustment mechanisms under this subsection to account for socioeconomic factors if the Secretary finds that such measures are better at accounting for socioeconomic factors than the mechanisms that would otherwise apply.''. (c) MedPAC Study on 30-Day Readmission Threshold.--The Medicare Payment Advisory Commission shall conduct a study on the appropriateness of using a threshold of 30 days for readmissions under section 1886(q)(5)(E) of the Social Security Act (42 U.S.C. 1395ww(q)(5)(E)). The Commission shall submit to Congress a report on such study in its report to Congress in June 2016. (d) Addressing Issue of Noncompliant Patients.--Section 1886(q)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(q)(4)(C)), as amended by subsections (b) and (c), is further amended by adding at the end the following new clause: ``(v) Consideration of exclusion of noncompliant patient cases based on v or other appropriate codes.--In promulgating regulations to carry out this subsection for the applicable period with respect to fiscal year 2017, the Secretary shall consider the use of V or other ICD-related codes for potential exclusions of cases in order to address the issue of noncompliant patients.''. (e) Excluding Certain Clinical Conditions.-- (1) Study.-- (A) In general.--The Secretary of Health and Human Services shall conduct a study, consistent with this paragraph, that assesses and makes recommendations with respect to excluding patients whose clinical conditions or diagnoses may require frequent hospitalizations, from the calculation of excess readmissions under section 1886(q)(5)(E) of the Social Security Act (42 U.S.C. 1395ww(q)(5)(E)). (B) Use of a technical expert panel.--The Secretary shall convene a multi-stakeholder technical expert panel comprised of individuals knowledgeable about clinical care of hospitalized patients and quality measurement, to provide input and recommendations on the study conducted under this paragraph. (C) Clinical conditions to be considered.--In conducting the study, the Secretary shall consider exclusions for patients with transplants, burns, psychosis, and substance abuse disorders. The Secretary may include additional clinical conditions where appropriate care may require frequent hospitalizations. (D) Transparency.--The Secretary shall make a draft of report on such study available for public comment for a period of not less than 30 days. The final study and recommendations shall address the Secretary's response to public comments. (E) Deadline.--The Secretary shall submit a final report on the study to Congress no later than Oct. 1, 2016. Such final report shall include recommendations regarding the relevant clinical conditions that should be excluded from the calculation of excess readmissions described in subparagraph (A). (2) Application to calculation of excess readmissions.-- Beginning with fiscal year 2018, the Secretary shall exclude any relevant clinical conditions identified in the recommendations made in the final report under paragraph (1)(E) in determining a hospital's publicly reported readmission rate and excess readmissions ratio under section 1886(q)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(q)(4)(C)). The Secretary also is encouraged to consider applying the exclusions so identified to other Medicare public reporting and pay-for-performance programs in which readmission measures are used. (f) Budget Neutral Implementation.--The Secretary of Health and Human Services shall make such payment adjustment to subsection (d) hospitals under the inpatient prospective payment system under section 1886 of the Social Security Act (42 U.S.C. 1395ww) as may be necessary to ensure that the implementation of the this section (including the amendments made by this section) does not result in an increase in aggregate expenditures under such section 1886.", "summary": "Establishing Beneficiary Equity in the Hospital Readmission Program Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act (SSAct) with respect to the hospital readmissions reduction program under the inpatient (hospital) prospective payment system (IPPS). The Secretary of Health and Human Services, in determining a hospital's excess readmission ratio for purposes of making payments for discharges occurring during FY2016-FY2017, is required to make a risk adjustment to the ratio that takes into account both: (1) a hospital's proportion of inpatients who are full-benefit dual eligible individuals (eligible for both Medicare and Medicaid under SSAct title XIX), and (2) the socioeconomic status of patients served by the hospital. The Secretary must base the risk adjustment under the readmission program for subsequent fiscal years on specified reports required by the Improving Medicare Post Acute Care Transformation Act of 2014 as well as a report the Medicare Payment Advisory Commission shall submit on the appropriateness of using a threshold of 30 days for readmissions under the program. The Administrator of the Centers for Medicare & Medicaid Services must then incorporate report recommendations in carrying out risk adjustments for discharges occurring in such fiscal years in order to ensure that the most vulnerable populations are not unfairly penalized by the program. The Secretary shall consider the use of V or other International Classification of Diseases-related codes for potential exclusion of noncompliant patient cases when promulgating related regulations for FY2017. The Secretary must: (1) assess whether to exclude from the calculation of excess readmissions any patients whose clinical conditions or diagnoses may require frequent hospitalizations; then (2) exclude, starting in FY2018, any relevant clinical conditions identified in the assessment recommendations when determining a hospital's publicly reported readmission rate and excess readmissions ratio. The Secretary is directed to make a payment adjustment to subsection (d) hospitals necessary to ensure that the implementation of this Act does not result in any increase in aggregate expenditures under the IPPS. (Generally, a subsection (d) hospital is an acute care hospital, particularly one that receives payment under the IPPS when providing covered inpatient services to eligible beneficiaries.)"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Narcotics Leadership Act Amendments of 1993''. SEC. 2. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY. Section 1003(c) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502(c)) is amended-- (1) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (2) by inserting after paragraph (4) the following: ``(5) The Director may require the inclusion, in the budget submission to the Office of Management and Budget by any National Drug Control Program agency, of funding requests for specific initiatives that are consistent with the President's priorities for the National Drug Control Strategy and certifications made pursuant to paragraph (3).''. SEC. 3. REPORT ON REPROGRAMMING; OFFICE PERSONNEL RESTRICTION. (a) Report on Reprogramming.--Section 1003(c)(7) of the National Narcotics Leadership Act of 1988, as redesignated by section 2(1) of this Act, is amended to read as follows: ``(7) The Director shall report to the Congress on a quarterly basis regarding the need for any reprogramming or transfer of appropriated funds in an amount greater than $5,000,000 for National Drug Control Program activities.''. (b) Office Personnel Restriction.--Section 1003 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is amended by adding at the end the following: ``(f) Prohibition on Political Campaigning.--A Federal officer in the Office of National Drug Control Policy who is appointed by the President, by and with the advice and consent of the Senate, may not participate in Federal election campaign activities, except that such an official is not prohibited by this subsection from making contributions to individual candidates.''. SEC. 4. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES. Section 1005(a) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1504(a)) is amended-- (1) in paragraph (2)(A) by inserting ``and the consequences of drug abuse'' after ``drug abuse''; and (2) by amending paragraph (4) to read as follows: ``(4) The Director shall include with each National Drug Control Strategy an evaluation of the effectiveness of Federal drug control during the preceding year. The evaluation shall include an assessment of Federal drug control efforts, including-- ``(A) assessment of the reduction of drug use, including estimates of drug prevalence and frequency of use as measured by national, State, and local surveys of illicit drug use and by other special studies of-- ``(i) high-risk populations, including school dropouts, the homeless and transient, arrestees, parolees, and probationers, and juvenile delinquents; and ``(ii) drug use in the workplace and the productivity lost by such use; ``(B) assessment of the reduction of drug availability, as measured by-- ``(i) the quantities of cocaine, heroin, and marijuana available for consumption in the United States; ``(ii) the amount of cocaine and heroin entering the United States; ``(iii) the number of hectares of poppy and coca cultivated and destroyed; ``(iv) the number of metric tons of heroin and cocaine seized; ``(v) the number of cocaine processing labs destroyed; ``(vi) changes in the price and purity of heroin and cocaine; ``(vii) the amount and type of controlled substances diverted from legitimate retail and wholesale sources; and ``(viii) the effectiveness of Federal technology programs at improving drug detection capabilities at United States ports of entry; ``(C) assessment of the reduction of the consequences of drug use and availability, which shall include estimation of-- ``(i) burdens drug users placed on hospital emergency rooms in the United States, such as the quantity of drug-related services provided; ``(ii) the annual national health care costs of drug use, including costs associated with people becoming infected with the human immunodeficiency virus and other communicable diseases as a result of drug use; ``(iii) the extent of drug-related crime and criminal activity; and ``(iv) the contribution of drugs to the underground economy, as measured by the retail value of drugs sold in the United States; and ``(D) determination of the status of drug treatment in the United States, by assessing-- ``(i) public and private treatment capacity within each State, including information on the number of treatment slots available in relation to the number actually used, including data on intravenous drug users and pregnant women; ``(ii) the extent, within each State, to which treatment is available, on demand, to intravenous drug users and pregnant women; ``(iii) the number of drug users the Director estimates could benefit from treatment; and ``(iv) the success of drug treatment programs, including an assessment of the effectiveness of the mechanisms in place federally, and within each State, to determine the relative quality of substance abuse treatment programs, the qualifications of treatment personnel, and the mechanism by which patients are admitted to the most appropriate and cost effective treatment setting. ``(5) The Director shall include with the National Drug Control Strategy required to be submitted not later than February 1, 1994, and with every second such strategy submitted thereafter-- ``(A) an assessment of the quality of current drug use measurement instruments and techniques to measure supply reduction and demand reduction activities; ``(B) an assessment of the adequacy of the coverage of existing national drug use measurement instruments and techniques to measure the casual drug user population and groups at-risk for drug use; ``(C) an assessment of the actions the Director shall take to correct any deficiencies and limitations identified pursuant to subparagraphs (A) and (B); and ``(D) identification of the specific factors that restrict the availability of treatment services to those seeking it and proposed administrative or legislative remedies to make treatment available to those individuals. ``(6) Federal agencies responsible for the collection or estimation of drug-related information required by the Director shall cooperate with the Director, to the fullest extent possible, to enable the Director to satisfy the requirements of sections 4 and 5. ``(7) By June 1, 1994, and with each National Drug Control Strategy submitted thereafter, the Director shall report to the President and the Congress on the Director's assessment of drug use and availability in the United States, including an estimate of the effectiveness of interdiction, treatment, prevention, law enforcement, and international programs under the National Drug Control Strategy in effect in the preceding year in reducing drug use and availability.''. SEC. 5. DIRECTOR AS A MEMBER OF THE NATIONAL SECURITY COUNCIL. Section 402(a)(7) of title 50, United States Code, is amended by-- (1) striking ``and'' after the semicolon in paragraph (6); (2) redesignating paragraph (7) as paragraph (8); and (3) inserting after paragraph (6) the following: ``(7) the Director of the Office of National Drug Control Policy; and''. SEC. 6. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER. (a) Drug Abuse Addiction and Rehabilitation Center.--Section 1003A of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502a(c)(1)) is amended-- (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) identify and support, through interagency agreements or grants that are subjected to peer review by independent advisory boards, the application of technology to expanding the effectiveness or availability of drug treatment;''. (b) Assistance From the Advanced Research Project Agency.--Section 1003A of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502a) is amended by adding at the end the following: ``(f) Assistance and Support to Office of National Drug Control Policy.--The Director of the Advanced Research Project Agency shall, to the fullest extent possible, render assistance and support to the Office of National Drug Control Policy and its Director.''. (c) Repeal and Redesignation.--The National Narcotics Leadership Act of 1988 is amended by-- (1) repealing section 1008 (21 U.S.C. 1505), as in effect on the date of the enactment of this Act; (2) redesignating section 1003A, as amended by subsection (b) of this section, as section 1008; and (3) moving such section, as redesignated, so as to follow section 1007. SEC. 7. PAYING CERTAIN NECESSARY EXPENSES FOR STRATEGY CONSULTATION. Section 1005(a)(3) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1504(a)(3)) is amended by adding at the end the following: ``(C) The Director may pay for the necessary and appropriate expenses for assemblages of individuals providing consultation to the Director in developing the National Drug Control Strategy.''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 1011 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1508) is amended by striking ``$3,500,000'' and all that follows through ``years,'' and inserting ``such sums as may be necessary for fiscal year 1994,''. SEC. 9. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY. Section 1009 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1506) is amended by striking ``the date which is 5 years after the date of the enactment of this subtitle'' and inserting ``September 30, 1994''. Passed the House of Representatives November 21, 1993. Attest: DONNALD K. ANDERSON, Clerk.", "summary": "National Narcotics Leadership Act Amendments of 1993 - Amends the National Narcotics Leadership Act of 1988 to authorize the Director for National Drug Control Policy to require the budget submission to the Office of Management and Budget by any National Drug Control Program agency to include funding requests for specific initiatives that are consistent with the President's priorities for the National Drug Control Strategy and certifications made regarding the adequacy of such request to implement the objectives of the Strategy for the relevant year. (Sec. 3) Requires the Director to report to the Congress on a quarterly basis regarding the need for any reprogramming or transfer of appropriated funds for Program activities in an amount greater than $5 million. Prohibits a Federal officer in the Office of National Drug Control Policy who is appointed by the President from participating in Federal election campaign activities, except that such an official is not thereby prohibited from making contributions to individual candidates. (Sec. 4) Revises provisions regarding the Strategy to: (1) include long-range goals for reducing the consequences of drug abuse; and (2) require the Director to include an evaluation of the effectiveness of Federal drug control during the preceding year. Specifies that such evaluation shall include an assessment of Federal drug control efforts, including: (1) an assessment of the reduction of drug use, drug availability, and associated consequences (such as the burdens drug users place on hospital emergency rooms); and (2) a determination of the status of U.S. drug treatment. Requires: (1) the Director to include with the Strategy specified information regarding assessment of drug use measurement, identification of factors restricting the availability of treatment, and proposed remedies to make such treatment available and to report to the President and the Congress on drug use and availability in the United States; and (2) Federal agencies responsible for the collection or estimation of drug-related information to cooperate with the Director to satisfy such requirements. (Sec. 5) Designates the Director as a member of the National Security Council. (Sec. 6) Requires: (1) the Director to identify and support, through interagency agreements or grants that are subjected to peer review by independent advisory boards, the application of technology to expanding the effectiveness or availability of drug treatment; and (2) the Director of the Advanced Research Project Agency to assist and support the Office and its Director. Repeals provisions of the Act pertaining to an executive reorganization study. (Sec. 7) Authorizes the Director to pay the expenses for assemblage of individuals providing consultation in developing the Strategy. (Sec. 8) Authorizes appropriations. (Sec. 9) Terminates the Office on September 30, 1994."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlined and Improved Methods at Polling Locations and Early Voting Act'' or the ``SIMPLE Voting Act''. SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING TIMES FOR VOTERS IN FEDERAL ELECTIONS. (a) Requirements for States.--Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 306 and 307; and (2) by inserting after section 303 the following new sections: ``SEC. 304. EARLY VOTING. ``(a) In General.--Each State shall allow individuals to vote in an election for Federal office on each day occurring during the 15-day period which ends 2 days before the date of the election, in the same manner as voting is allowed on such day. ``(b) Minimum Early Voting Requirements.--Each polling place which allows voting prior to the date of a Federal election pursuant to subsection (a) shall-- ``(1) allow such voting for not less than 10 hours on each day; and ``(2) have uniform hours each day for which such voting occurs. ``(c) Location of Polling Places Near Public Transportation.--To the greatest extent practicable, a State shall ensure that each polling place which allows voting prior to the date of a Federal election pursuant to subsection (a) is located within reasonable walking distance of a stop on a public transportation route. ``(d) Standards.-- ``(1) In general.--The Commission shall issue standards for the administration of voting prior to the date scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. ``(2) Deviation.--The standards described in paragraph (1) shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. ``(e) Effective Date.--This section shall apply with respect to elections held on or after January 1, 2014. ``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS. ``(a) Preventing Unreasonable Waiting Times.-- ``(1) In general.--Each State shall provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure-- ``(A) a fair and equitable waiting time for all voters in the State; and ``(B) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. ``(2) Criteria.--In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State shall take into account the following factors: ``(A) The voting age population. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(D) The number of voters who have registered since the most recent Federal election. ``(E) Census data for the population served by such voting site, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. ``(F) The educational levels and socio-economic factors of the population served by such voting site. ``(G) The needs and numbers of voters with disabilities and voters with limited English proficiency. ``(H) The type of voting systems used. ``(I) The length and complexity of initiatives, referenda, and other questions on the ballot. ``(J) Such other factors as the State considers appropriate. ``(3) Guidelines.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish and publish guidelines to assist States in meeting the requirements of this subsection. ``(4) Rule of construction.--Nothing in this subsection may be construed to authorize a State to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place. ``(b) Development and Implementation of Contingency Plans.-- ``(1) In general.--Each State shall develop, and implement to the greatest extent practicable, a contingency plan under which the State shall provide additional poll workers, machines, ballots, and other equipment and supplies (as the case may be) on the date of the election to any polling place used in an election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, at which waiting times exceed one hour. ``(2) Approval of plan by commission.--The State shall ensure that the contingency plan developed under paragraph (1) is approved by the Commission prior to the date of the election involved, in accordance with such procedures as the Commission may establish. ``(c) Effective Date.--This section shall apply with respect to elections held on or after January 1, 2014.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (42 U.S.C. 15511) is amended by striking ``sections 301, 302, and 303'' and inserting ``subtitle A of title III''. (c) Clerical Amendment.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 306 and 307; and (2) by inserting after the item relating to section 303 the following new items: ``Sec. 304. Early voting. ``Sec. 305. Preventing unreasonable waiting times for voters.''. SEC. 3. NO EFFECT ON AUTHORITY OF STATE TO PROVIDE FOR LONGER PERIODS OF EARLY VOTING OR GREATER AMOUNT OF RESOURCES AT POLLING PLACES. Nothing in this Act or in any amendment made by this Act may be construed to prohibit a State, with respect to any election for Federal office-- (1) from providing (in an equitable and nondiscriminatory manner) a longer period for early voting than the minimum period required under section 304 of the Help America Vote Act of 2002 (as added by section 2(a)); or (2) from providing (in an equitable and nondiscriminatory manner) a greater number of systems, poll workers, and other election resources at any polling place than the minimum number required under section 305 of such Act (as added by section 2(a)).", "summary": "Streamlined and Improved Methods at Polling Locations and Early Voting Act or SIMPLE Voting Act - Amends the Help America Vote Act of 2002 to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending two days before the election date in the same manner as voting is allowed on election day. Requires a state to ensure that each polling place which allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route. Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election. Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Generic Drug Pricing Fairness Act''. SEC. 2. PHARMACY BENEFITS MANAGER STANDARDS UNDER THE MEDICARE PROGRAM. (a) In General.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(7) Pharmacy benefits manager transparency requirements.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall provide that the PDP may not enter into a contract with any pharmacy benefits manager (referred to in this paragraph as a `PBM') to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under such plan, unless the PBM adheres to the following criteria when handling personally identifiable utilization and claims data or other sensitive patient data: ``(A) The PBM may not transmit any personally identifiable utilization or claims data, with respect to a plan enrollee, to a pharmacy owned by a PBM if the plan enrollee has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at the PBM-owned pharmacy. ``(B) The PBM may not require that a plan enrollee use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM or provide an incentive to a plan enrollee to encourage the enrollee to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies.''. (b) Regular Update of Prescription Drug Pricing Standard.-- Paragraph (6) of section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended to read as follows: ``(6) Regular update of prescription drug pricing standard.-- ``(A) In general.--If the PDP sponsor of a prescription drug plan uses a standard for reimbursement (as described in subparagraph (B)) of pharmacies based on the cost of a drug, each contract entered into with such sponsor under this part with respect to the plan shall provide that the sponsor shall-- ``(i) update such standard not less frequently than once every 7 days, beginning with an initial update on January 1 of each year, to accurately reflect the market price of acquiring the drug; ``(ii) disclose to applicable pharmacies the sources used for making any such update; ``(iii) if the source for such a standard for reimbursement is not publicly available, disclose to the applicable pharmacies all individual drug prices to be so updated in advance of the use of such prices for the reimbursement of claims; and ``(iv) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for such drug. ``(B) Prescription drug pricing standard defined.-- For purposes of subparagraph (A), a standard for reimbursement of a pharmacy is any methodology or formula for varying the pricing of a drug or drugs during the term of the pharmacy reimbursement contract that is based on the cost of the drug involved, including drug pricing references and amounts that are based upon average wholesale price, wholesale average cost, average manufacturer price, average sales price, maximum allowable cost (MAC), or other costs, whether publicly available or not.''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2015. SEC. 3. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD UNDER TRICARE RETAIL PHARMACY PROGRAM. Section 1074g(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(3) To the extent practicable, with respect to the TRICARE retail pharmacy program described in subsection (a)(2)(E)(ii), the Secretary shall ensure that a contract entered into with a TRICARE managed care support contractor includes requirements described in section 1860D- 12(b)(6) of the Social Security Act (42 U.S.C. 1395w-112(b)(6)) to ensure the provision of information regarding the pricing standard for prescription drugs.''. SEC. 4. PRESCRIPTION DRUG TRANSPARENCY IN THE FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsections: ``(p) A contract may not be made or a plan approved under this chapter under which a carrier has an agreement with a pharmacy benefits manager (in this subsection referred to as a `PBM') to manage prescription drug coverage or to control the costs of the prescription drug coverage unless the carrier and PBM adhere to the following criteria: ``(1) The PBM may not transmit any personally identifiable utilization or claims data with respect to an individual enrolled under such contract or plan to a pharmacy owned by the PBM if the individual has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at such a pharmacy. ``(2) The PBM may not require that an individual enrolled under such contract or plan use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM or provide an incentive to a plan enrollee to encourage the enrollee to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies. ``(q)(1) If a contract made or plan approved under this chapter provides for a standard for reimbursement (as described in paragraph (2)) with respect to a prescription drug plan, such contract or plan shall provide that the applicable carrier-- ``(A) update such standard not less frequently than once every 7 days, beginning with an initial update on January 1 of each year, to accurately reflect the market price of acquiring the drug; ``(B) disclose to applicable pharmacies the sources used for making any such update; ``(C) if the source for such a standard for reimbursement is not publicly available, disclose to the applicable pharmacies all individual drug prices to be so updated in advance of the use of such prices for the reimbursement of claims; and ``(D) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for such drug. ``(2) For purposes of paragraph (1), a standard for reimbursement of a pharmacy is any methodology or formula for varying the pricing of a drug or drugs during the term of the pharmacy reimbursement contract that is based on the cost of the drug involved, including drug pricing references and amounts that are based upon average wholesale price, wholesale average cost, average manufacturer price, average sales price, maximum allowable cost, or other costs, whether publicly available or not.''. (b) Application.--The amendment made by subsection (a) shall apply to any contract entered into under section 8902 of title 5, United States Code, on or after the date of enactment of this section.", "summary": "Generic Drug Pricing Fairness Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require each contract entered into with a prescription drug plan (PDP) sponsor with respect to a PDP the sponsor offers to prohibit the PDP from entering into a contract with any pharmacy benefits manager (PBM) to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under it, unless the PBM adheres to specified criteria when handling personally identifiable utilization and claims data or other sensitive patient data. Revises requirements for contracts with PDP sponsors to require that the PDP sponsor disclose to applicable pharmacies the sources used for making any update of the prescription drug pricing standard, and if the source for such a standard is not publicly available, disclose to such pharmacies all individual drug prices to be so updated in advance of their use for the reimbursement of claims. Requires the PDP sponsor, as well, to establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for a drug. Directs the Secretary of Defense (DOD), with respect to the TRICARE retail pharmacy program, to ensure that a contract entered into with a TRICARE managed care support contractor includes requirements to ensure the provision of information regarding the pricing standard for prescription drugs. Establishes criteria to which a carrier and a PBM must adhere under a contract or an approved plan under which the carrier has an agreement with the PBM to manage prescription drug coverage or to control the costs of such coverage. Prohibits a PBM under such criteria from: (1) transmitting to a pharmacy owned by the PBM any personally identifiable utilization or claims data relating to an enrolled individual who has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at such a pharmacy; or (2) requiring any enrolled individual to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity in which the PBM has an ownership interest, or that has an ownership interest in the PBM, or give an incentive to encourage an enrollee to use the pharmacy if the incentive applies only to those pharmacies. Requires any contract or approved plan providing for a reimbursement standard with respect to a PDP to require the carrier to: (1) update the standard at least once every seven days to reflect the market price of a drug accurately; (2) disclose to pharmacies the sources used for making any such update; (3) make advance disclosure to those pharmacies of all individual drug prices to be updated if the source for a standard is not publicly available; and (4) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices less than the pharmacy acquisition price."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Code Talkers Recognition Act of 2008''. SEC. 2. PURPOSE. The purpose of this Act is to require the issuance of medals to express the sense of the Congress that-- (1) the service of Native American code talkers to the United States deserves immediate recognition for dedication and valor; and (2) honoring Native American code talkers is long overdue. SEC. 3. FINDINGS. The Congress finds the following: (1) When the United States entered World War I, Native Americans were not accorded the status of citizens of the United States. (2) Without regard to that lack of citizenship, members of Indian tribes and nations enlisted in the Armed Forces to fight on behalf of the United States. (3) The first reported use of Native American code talkers was on October 17, 1918. (4) Because the language used by the Choctaw code talkers in the transmission of information was not based on a European language or on a mathematical progression, the Germans were unable to understand any of the transmissions. (5) This use of Native American code talkers was the first time in modern warfare that such a transmission of messages in a native language was used for the purpose of confusing an enemy. (6) On December 7, 1941, Japan attacked Pearl Harbor, Hawaii, and the Congress declared war the following day. (7) The Federal Government called on the Comanche Nation to support the military effort during World War II by recruiting and enlisting Comanche men to serve in the Army to develop a secret code based on the Comanche language. (8) The United States Army recruited approximately 50 Native Americans for special native language communication assignments. (9) The United States Marine Corps recruited several hundred Navajos for duty in the Pacific region. (10) During World War II, the United States employed Native American code talkers who developed secret means of communication based on native languages and were critical to winning the war. (11) To the frustration of the enemies of the United States, the code developed by the Native American code talkers proved to be unbreakable and was used extensively throughout the European theater. (12) In 2001, the Congress and President Bush honored Navajo code talkers with congressional gold medals for the contributions of the code talkers to the United States Armed Forces as radio operators during World War II. (13) The heroic and dramatic contributions of Native American code talkers were instrumental in driving back Axis forces across the Pacific during World War II. (14) The Congress should provide to all Native American code talkers the recognition the code talkers deserve for the contributions of the code talkers to United States victories in World War I and World War II. SEC. 4. DEFINITIONS. In this Act, the following definitions shall apply: (1) Code talker.--The term ``code talker'' means a Native American who-- (A) served in the Armed Forces during a foreign conflict in which the United States was involved; and (B) transmitted (encoded and translated) secret coded messages for tactical military operations during World War I and World War II using their native tribal language (non- spontaneous communications) (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 5. CONGRESSIONAL GOLD MEDALS. (a) Award Authorization.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of gold medals of appropriate design in recognition of the service of Native American code talkers during World War I and World War II. (b) Identification of Recipients.--The Secretary, in consultation with the Secretary of Defense and the tribes, shall-- (1) determine the identity, to the maximum extent practicable, of each Native American tribe that had a member of that tribe serve as a Native American code talker, with the exception of the Navajo Nation; (2) include the name of each Native American tribe identified under subparagraph (A) on a list; and (3) provide the list, and any updates to the list, to the Smithsonian Institution for maintenance under section 5(c)(2). (c) Design and Striking of Medals.-- (1) In general.--The Secretary shall strike the gold medals awarded under subsection (a) with appropriate emblems, devices, and inscriptions, as determined by the Secretary. (2) Designs of medals emblematic of tribal affiliation and participation.--The design of a gold medal under paragraph (1) shall be emblematic of the participation of the code talkers of each recognized tribe. (3) Treatment.--Each medal struck pursuant to this subsection shall be considered to be a national medal for purposes of chapter 51 of title 31, United States Code. (d) Action by Smithsonian Institution.--The Smithsonian Institution-- (1) shall accept and maintain such gold medals, and such silver duplicates of those medals, as recognized tribes elect to send to the Smithsonian Institution; (2) shall maintain the list developed under section 6(1) of the names of Native American code talkers of each recognized tribe; and (3) is encouraged to create a standing exhibit for Native American code talkers or Native American veterans. SEC. 6. NATIVE AMERICAN CODE TALKERS. The Secretary, in consultation with the Secretary of Defense and the tribes, shall-- (1) with respect to tribes recognized as of the date of the enactment of this Act -- (A) determine the identity, to the maximum extent practicable, of each Native American code talker of each recognized tribe with the exception of the Navajo Nation; (B) include the name of each Native American code talker identified under subparagraph (A) on a list, to be organized by recognized tribe; and (C) provide the list, and any updates to the list, to the Smithsonian Institution for maintenance under section 5(d)(2); (2) in the future, determine whether any Indian tribe that is not a recognized as of the date of the enactment of this Act, should be eligible to receive a gold medal under this Act; and (3) with consultation from the tribes listed in following subsection, examine the following specific tribes to determine the existence of Code Talkers: (A) Assiniboine. (B) Chippewa and Oneida. (C) Choctaw. (D) Comanche. (E) Cree. (F) Crow. (G) Hopi. (H) Kiowa. (I) Menominee. (J) Mississauga. (K) Muscogee. (L) Sac and Fox. (M) Sioux. SEC. 7. DUPLICATE MEDALS. (a) Silver Duplicate Medals.-- (1) In general.--The Secretary shall strike duplicates in silver of the gold medals struck under section 5(b), to be awarded in accordance with paragraph (2). (2) Eligibility for award.-- (A) In general.--A Native American shall be eligible to be awarded a silver duplicate medal struck under paragraph (1) in recognition of the service of Native American code talkers of the recognized tribe of the Native American, if the Native American served in the Armed Forces as a code talker in any foreign conflict in which the United States was involved during the 20th century. (B) Death of code talker.--In the event of the death of a Native American code talker who had not been awarded a silver duplicate medal under this subsection, the Secretary may award a silver duplicate medal to the next of kin or other personal representative of the Native American code talker. (C) Determination.--Eligibility for an award under this subsection shall be determined by the Secretary in accordance with section 6. (b) Bronze Duplicate Medals.--The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 4 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold and silver medals. SEC. 8. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority to Use Fund Amounts.--There are authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 7(b) shall be deposited into the United States Mint Public Enterprise Fund. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Code Talkers Recognition Act of 2008 - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of gold medals (to be maintained by the Smithsonian Institution) to recognize the service of Native American code talkers during World War I and World War II. Defines \"code talker\" as a Native American who served in the Armed Forces during a foreign conflict and who transmitted secret coded messages for tactical military operations during World War I and World War II using native tribal language. Directs the Secretary of the Treasury: (1) in consultation with the Secretary of Defense and Indian tribes, to identify each Native American tribe, with the exception of the Navajo Nation, that had a member serve as a Native American code talker; (2) to provide a list of such code talkers to the Smithsonian Institution; (3) to design and strike the gold medals to be awarded; and (4) to strike silver duplicate medals for such code talkers or their next of kin or personal representatives. Authorizes the Secretary to strike and sell bronze duplicate medals to pay for the cost of the gold and silver medals. Directs the Smithsonian Institution to accept and maintain the gold medals awarded on behalf of the code talkers. Encourages the Smithsonian Institution to create a standing exhibit for Native American code talkers or Native American veterans. Authorizes payment from the U.S. Mint Public Enterprise Fund for the cost of medals struck pursuant to this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Health Access District Act''. SEC. 2. DEFINITIONS. (a) Comprehensive Health Access District.--In this Act, the term ``comprehensive health access district'' means a community in which unemployment and the percentage of residents with incomes below the poverty line are greater than the national average, and in which a majority of the following conditions occur at rates greater than the national average: (1) Infant mortality and low birth-weight babies. (2) Proportion of children below the age of 5 who have not received age-appropriate routine child-hood immunizations. (3) Hospitalization for preventable illnesses and conditions that may be managed successfully on an outpatient basis, such as otitis media, diabetes, and hypertension. (4) Emergency room visits for nonemergency conditions. (5) Accidental injury. (6) Incidence of tuberculosis, acquired immune deficiency syndrome, Black Lung disease, or cancer. (7) Incidence of violent crimes. (b) Comprehensive Community-Based Health Access Plan.--In this Act, the terms ``comprehensive community-based health access plan'' and ``health access plan'' mean an entity that provides health care services on a prepaid, capitated basis or any other risk basis and that the Secretary has certified meets all the requirements contained in section 5. (c) Secretary.--In this Act, the term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. MEDICAID STATE PLAN REQUIREMENTS FOR COMPREHENSIVE HEALTH ACCESS DISTRICTS. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) by striking the period at the end of paragraph (65) and inserting ``; and'', and (2) by inserting after paragraph (65) the following new paragraph: ``(66) provide that each comprehensive health access district located within the State is served by a comprehensive community-based health access district plan (as such terms are defined in section 2 of the Comprehensive Health Access District Act).''. SEC. 4. HEALTH ALLIANCE OBLIGATIONS WITH RESPECT TO COMPREHENSIVE HEALTH ACCESS DISTRICTS. Each Health Alliance or other health insurance purchasing cooperative created as a result of the enactment of comprehensive health care reform legislation that receives premiums on behalf of persons formerly insured under title XIX of the Social Security Act and whose boundaries encompass a comprehensive health access district shall insure that a least one comprehensive community-based health access plan is available to persons living in such district. SEC 5. COMPREHENSIVE COMMUNITY-BASED HEALTH ACCESS PLANS. (a) Organizational Requirements.-- (1) In general.--A health access plan must-- (A) be a public or private organization, organized under the laws of any State; (B) locate its primary place of business in the comprehensive health access district it serves; (C) give preference in hiring to otherwise qualified individuals who live within the comprehensive health access district; and (D) have made adequate provision against the risk of insolvency, which provision is satisfactory to the State and which assures that individuals enrolled in a plan are in no case liable for debt of the plan in case of the plan's insolvency. (2) Methods of providing against risk of insolvency.--The provisions against the risk of insolvency under paragraph (1)(D) may include-- (A) escrow or similar arrangements to ensure that funds for the payment of providers are available only for such payments and cannot be otherwise used by the plan; (B) reinsurance purchased by the plan of an amount which is reasonably adequate to insure against unexpected costs; (C) a demonstration of financial viability, as evidenced by the plan's obtaining a significant amount of reinsurance, line of credit, or performance bond; or (D) such other mechanisms and requirements as the State finds appropriate. (b) Service Requirements.-- (1) Basic benefits.--A health access plan shall provide, either directly or through arrangements with providers, the following basic benefits: (A) Hospital services, including inpatient, outpatient and 24-hour emergency services. (B) Emergency and ambulatory medical and surgical services. (C) Physicians' services. (D) Medical care other than physicians' services recognized under State law and furnished by licensed practitioners within the scope of their practice as defined by State law. (E) Dental services. (F) Vision services. (G) Preventive health care services (including children's eye and ear examinations to determine the need for vision and hearing correction, well child services, immunizations against vaccine-preventable diseases, and screening for elevated blood lead levels). (H) Outpatient laboratory, radiology, and diagnostic services. (I) Ambulance services. (J) Mental health and substance abuse services. (K) Family planning services and services for pregnant women. (L) Outpatient prescription drugs and biologicals. (2) Community-based health services.--In addition to providing the services described in paragraph (1), a health access plan shall-- (A) identify the most frequent causes of morbidity and mortality in the comprehensive health access district (such as acquired immune deficiency syndrome, tuberculosis, mental illness, substance abuse and addiction, childhood developmental disorders (particularly those caused by children's exposure to violence), asthma, teen pregnancy, unhealthy behaviors (such as smoking and high-fat diets), and lead poisoning); and (B) design and implement programs of prevention, early intervention, or treatment intended to ameliorate or eliminate the factors identified in subparagraph (A). (3) Coordination of services.--In addition to providing the services described in paragraphs (1) and (2), a health access plan must promote its enrollees' access to social, educational or economic services (such as child day care, nutritional services, vocational training, and adult literacy programs). (c) Service Network Requirements.-- (1) Basic service network.--A health access plan shall enter into arrangements with a sufficient number and variety of providers to guarantee that-- (A) the plan's enrollees have access to the services described in subsection (b); and (B) the provider network takes into account and is representative of the cultural identity and diversity of the community being served. (2) Traditional community providers.--A health access plan shall, to the extent feasible, draw upon health care providers currently serving the community, including health centers (as defined in section 330(a) of the Public Health Service Act) and hospitals operated by units of local government, in developing its service network. (3) Development of new health resources.--A health access plan shall develop new health resources in the community (such as schoolbased clinics, mobile screening programs, and clinics based in public housing) to meet needs that are not met by existing community resources. (d) Access Standards.--A health access plan shall insure that each individual enrolled in it-- (1) is linked with the primary care physician within the health access plan's provider network of the individual's choice and has access to that doctor on a 24-hour a day, 7-day a week basis; (2) has round-the-clock telephone access to a central program office for information purposes as well as to voice grievances; and (3) has access to interpreter services as necessary (where a significant proportion of the population in the community health access district is non-English speaking, the health access plan shall insure that a corresponding proportion of its health care providers have multilingual capability). (e) Quality Assurance Standards.--A health access plan shall establish and maintain a quality assurance program that includes at least the following activities: (1) Treatment standards.--A health access plan shall establish-- (A) minimum standards for treating patients that participating providers must satisfy; (B) a program of ongoing medical record reviews and other provider audits to insure compliance with the plan's treatment standards; and (C) a system of sanctions to insure that providers who do not comply with the plan's treatment standards will be penalized and, if found to be repeatedly out of compliance, terminated from participation in the health access plan service network. (2) Data collection.--A health access plan shall monitor morbidity and mortality within the comprehensive health access district and identify the leading causes of death and disease. (3) Member surveys.--A health access plan shall survey its enrollees on a regular basis to determine their satisfaction with the quality of services received. (4) Independent quality audits.--A health access plan shall be evaluated on a regular basis by an independent health care accrediting organization. (f) Effective Grievance Procedures.--A health access plan must provide for effective procedures for hearing and resolving grievances between the plan and individuals enrolled in the plan. (g) Confidentiality of Enrollee Records.-- (1) A health access plan shall ensure that information concerning its enrollees is protected from unauthorized disclosure by the plan, its employees or its providers. (2) To promote the coordination of benefits to health plan enrollees, a health access plan may disclose information about its enrollees to the extent necessary to facilitate the enrollee's receipt of services and assistance from other entities. SEC. 6. DESIGNATION OF COMPREHENSIVE HEALTH ACCESS DISTRICTS AND CERTIFICATION OF COMPREHENSIVE COMMUNITY-BASED HEALTH ACCESS PLANS. The Secretary shall designate a community that meets the criteria set forth in section 2(a) as a comprehensive health access district and shall certify an entity that meets the requirements set forth in section 5 as a comprehensive community-based health access plan. Each such certification and designation shall be reviewed every five years. The Secretary may delegate all or part of the certification function for health access plans to the State in which the health access plan operates. SEC. 7. NATIONAL HEALTH OUTCOMES RESEARCH AND EVALUATION. (a) Provision of Information.--In order to evaluate the performance of health access plans in improving the health status of persons living in comprehensive health access districts, each health access plan shall provide the Secretary, at a time and in a manner specified by the Secretary, at least the following information: (1) Information on the characteristics of enrollees that may affect their need for or use of health services. (2) Information on the types of treatments and services and outcomes of treatments with respect to the clinical health, functional status and well-being of enrollees. (3) Information on enrollee satisfaction. (4) Information on health care expenditures, volume and prices of procedures, and use of specialized services. (b) Analysis of Information.--The Secretary shall analyze the information reported by health access plans in order to report to Congress, the plans and the public, not less often than annually, on the following: (1) The health status of persons living in comprehensive health access district (particularly those indicators listed in section 2(a)). (2) The level and rate of expenditures by health access plans on medical services and other programs to improve health status. (3) The effectiveness of health access plans in improving health outcomes (particularly outcomes related to health indicators listed in section 2(a)). (c) Research.-- (1) The Secretary shall examine the relationship between socioeconomic factors and health status and, based on his findings, suggest interventions appropriate to comprehensive health access districts. (2) The Secretary may contract with non-governmental entities to perform this research. Persons undertaking this work shall have access to the information provided by the health access plans to the Secretary. SEC. 8. REGULATIONS AND EFFECTIVE DATE. (a) In General.--The Secretary shall promulgate regulations necessary to implement this Act. (b) Effective Date.--This Act shall take effect on July 1, 2000, without regard to whether or not final regulations to carry out this Act have been promulgated by such date.", "summary": "Comprehensive Health Access District Act - Defines: (1) \"comprehensive health access district\" as a community in which unemployment and the percentage of residents with incomes below the poverty line are greater than the national average, and in which a majority of certain diseases and conditions occur at rates greater than the national average; and (2) \"comprehensive community-based health access plan\" as an entity that provides health care services on a prepaid, capitated basis, or any other risk basis, and that the Secretary of Health and Human Services has certified meets certain requirements. (Sec. 3) Amends title XIX (Medicaid) of the Social Security Act to require, among other things, that each Medicaid State plan provide that each comprehensive health access district located within the State is served by a comprehensive community-based health access district plan. (Sec. 4) Requires each Health Alliance or other health insurance purchasing cooperative created out of comprehensive health care reform legislation that receives premiums on behalf of persons formerly insured under Medicaid, and whose boundaries encompass a comprehensive health access district, to ensure that at least one comprehensive community-based health access plan is available to persons living in such district. (Sec. 5) Sets forth specified requirements for an entity to be certified as a comprehensive community-based health access plan. (Sec. 6) Requires the Secretary to designate a community a comprehensive health access district and to certify an entity as a comprehensive health access plan provided they meet certain criteria. (Sec. 7) Requires each health access plan, in order to evaluate its performance in improving the health status of persons living in comprehensive health access districts, to provide the Secretary with specified health-related information."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003'' or the ``SNIPER Act of 2003''. SEC. 2. ENFORCING COMPLIANCE WITH RECORD KEEPING REQUIREMENTS. (a) Inspections.--Section 923(g)(1) of title 18, United States Code, is amended-- (1) in subparagraph (B)(ii)(I), by striking ``once'' and inserting ``4 times''; (2) in subparagraph (C)(i), by striking ``once'' and inserting ``4 times''; (3) by redesignating subparagraph (D) as subparagraph (E); and (4) by inserting after subparagraph (C), the following: ``(D) If a licensed importer, licensed manufacturer, licensed dealer, or licensed collector is found in violation of this chapter, or the related regulations, the Attorney General shall inspect or examine the inventory and records of such violator not less than once each year during the 3 years following such violation.''. (b) Ammunition Sales.--Section 923(g)(1)(A) is amended in the first sentence by striking ``firearms at his'' and inserting ``firearms and ammunition, except on .22 caliber rimfire ammunition, at such licensee's''. (c) Penalty Enhancement.--Section 924(a)(1) of title 18, United States Code, is amended-- (1) in subparagraph (C), by striking ``or'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) willfully violates section 923(g); or''. SEC. 3. ENFORCEMENT ACTIONS AGAINST VIOLATORS OF FEDERAL FIREARMS LAWS. (a) Suspensions.--Section 924 of title 18, United States Code, as amended by section 2(c), is further amended by adding at the end the following: ``(q) A licensed importer, manufacturer, dealer, or collector who violates any provision of this chapter, or the related regulations, may be subject to-- ``(1) the revocation of any applicable license; ``(2) the suspension of any applicable license; or ``(3) a fine under this title.''. (b) Warning Letters; Notices; Fines.--Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8) If an inspection under paragraph (1) reveals that a licensee has violated any provision of this chapter, or the related regulations, the Attorney General shall-- ``(A) issue a warning letter to the alleged violator, and maintain a copy of such letter, along with any written report prepared by the inspector-- ``(i) in the files of the appropriate Director of Industry Operations; and ``(ii) at the headquarters of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; ``(B) issue a notice of revocation of the license and conduct the appropriate proceedings; or ``(C) issue a notice of revocation, suspension, or imposition of a civil fine, and conduct the appropriate proceedings.''. (c) Timeliness of Enforcement Actions.--The Attorney General shall, by regulation, require the Director of Industry Operations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to issue a final decision within 120 days from the date on which a notice of revocation, suspension, or imposition of a civil fine is mailed to a licensee (as that term is defined in section 103(j)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note). (d) Judicial Stays of Enforcement Actions.--Section 923(f)(3) of title 18, United States Code, is amended by striking the period at the end of the first sentence and inserting ``, and shall not postpone the effective date of such decision unless so ordered by a United States district court judge or magistrate who has jurisdiction over the matter.''. (e) Enforcement Action not Dependent Upon Criminal Conviction.-- Section 923(f) of title 18, United States Code, is amended by striking paragraph (4). SEC. 4. RESTRICTION OF GUN SALES TO IN-STATE RESIDENTS. Section 922(b)(3) of title 18, United States Code, is amended by striking ``(A) shall not apply'' and all that follows through ``and (B)''. SEC. 5. BALLISTICS TESTING OF FIREARMS. (a) Short Title.--This section may be cited as the ``Technological Resource to Assist Criminal Enforcement Act'' or the ``TRACE Act''. (b) Purposes.--The purposes of this section are-- (1) to increase public safety by assisting law enforcement in solving more gun-related crimes and offering prosecutors evidence to link felons to gun crimes through ballistics technology; (2) to provide for ballistics testing of all new firearms for sale to assist in the identification of firearms used in crimes; (3) to require ballistics testing of all firearms in custody of Federal agencies to assist in the identification of firearms used in crimes; and (4) to add ballistics testing to existing firearms enforcement programs. (c) Definition of Ballistics.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Ballistics.--The term `ballistics' means a comparative analysis of fired bullets and cartridge casings to identify the firearm from which bullets and cartridge casings were discharged, through identification of the unique markings that each firearm imprints on bullets and cartridge casings.''. (d) Test Firing and Automated Storage of Ballistics Records.-- (1) Amendment.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) In addition to the other licensing requirements under this section, a licensed manufacturer or licensed importer shall-- ``(A) test fire firearms manufactured or imported by such licensees as specified by the Attorney General by regulation; ``(B) prepare ballistics images of the fired bullet and cartridge casings from the test fire; ``(C) make the records available to the Attorney General for entry into the electronic database established under paragraph (3)(B); and ``(D) store the fired bullet and cartridge casings in such a manner and for such a period as specified by the Attorney General by regulation. ``(2) Nothing in this subsection creates a cause of action against any Federal firearms licensee or any other person for any civil liability except for imposition of a civil penalty under this section. ``(3)(A) The Attorney General shall assist firearm manufacturers and importers in complying with paragraph (1) by-- ``(i) acquiring, installing, and upgrading ballistics equipment and bullet and cartridge casing recovery equipment to be placed at locations readily accessible to licensed manufacturers and importers; ``(ii) hiring or designating sufficient personnel to develop and maintain a database of ballistics images of fired bullets and cartridge casings, research, and evaluation; ``(iii) providing education about the role of ballistics as part of a comprehensive firearm crime reduction strategy; ``(iv) providing for the coordination among Federal, State, and local law enforcement and regulatory agencies and the firearm industry to curb firearm-related crime and illegal firearm trafficking; and ``(v) taking other necessary steps to make ballistics testing effective. ``(B) The Attorney General shall-- ``(i) establish an electronic database-- ``(I) through which State and local law enforcement agencies can promptly access the ballistics records stored under this subsection, as soon as such capability is available; and ``(II) that shall not include any identifying information regarding dealers, collectors, or purchasers of firearms; and ``(ii) require training for all ballistics examiners. ``(4) The Attorney General shall conduct mandatory ballistics testing of all firearms obtained or in the possession of their respective agencies. ``(5) Not later than 3 years after the date of enactment of this subsection, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report regarding the implementation of this section, including-- ``(A) the number of Federal and State criminal investigations, arrests, indictments, and prosecutions of all cases in which access to ballistics records, provided under the system established under this section and under similar systems operated by any State, served as a valuable investigative tool in the prosecution of gun crimes; ``(B) the extent to which ballistics records are accessible across jurisdictions; and ``(C) a statistical evaluation of the test programs conducted pursuant to paragraph (4). ``(6) There are authorized to be appropriated to the Department of Justice $20,000,000 for each of the fiscal years 2005 through 2008 to carry out this subsection, to be used to-- ``(A) install ballistics equipment and bullet and cartridge casing recovery equipment; ``(B) establish sites for ballistics testing; ``(C) pay salaries and expenses of necessary personnel; and ``(D) conduct related research and evaluation.''. (2) Effective date.-- (A) In general.--Except as provided in subparagraphs (A) and (B), the amendment made by paragraph (1) shall take effect on the date on which the Attorney General, in consultation with the Board of the National Integrated Ballistics Information Network, certifies that the ballistics system used by the Department of Justice is sufficiently developed to support mandatory ballistics testing of new firearms. (B) Ballistics testing.--Section 923(m)(1) of title 18, United States Code, as added by paragraph (1), shall take effect 2 years after the date of enactment of this Act. (C) Effective on date of enactment.--Section 923(m)(4) of title 18, United States Code, as added by paragraph (1), shall take effect on the date of enactment of this Act. (e) Privacy Rights of Law Abiding Citizens.--Ballistics information of individual guns in any form or database established by this section may not be used for prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime. SEC. 6. ADDITIONAL FUNDING FOR THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (a) Gun Crime Task Forces.-- (1) In general.--The Attorney General shall establish, within each field division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, a group of inspectors, agents, and support personnel to be known as the ``gun crime task force''. (2) Purpose.--The gun crime task forces established pursuant to paragraph (1) shall investigate, and assist in the regulation of, and if appropriate, the prosecution of, licensees (as that term is defined in section 103(j)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)) and unlicensed dealers, who are suspected of violating chapter 44 or 96 of title 18, United States Code. (b) Authorization of Appropriations.-- (1) Gun crime task forces.--There are authorized to be appropriated $10,000,000 for each of the fiscal years 2005 through 2008 to carry out the provisions of subsection (a). (2) Industry operations.--There are authorized to be appropriated $25,000,000 for each of the fiscal years 2005 through 2008 to employ additional inspectors, regulators, and employees in the Industry Operations field divisions of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.", "summary": "So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003 (SNIPER Act of 2003) - Amends the Brady Handgun Violence Prevention Act to: (1) authorize the Secretary of the Treasury to inspect the inventory and records of a licensed importer, manufacturer, or dealer without reasonable cause or warrant not more than four times (currently, once) during any 12-month period; and (2) require such persons to maintain records of disposition of ammunition, except on .22 caliber rimfire ammunition. Provides for enhanced penalties for violations. Subjects violators to revocation or suspension of any applicable license or a fine. Directs the Attorney General to send warning letters to alleged violators, issue notices of revocation, suspension, or imposition of a civil fine, and conduct proceedings, as appropriate. Repeals an exemption from Brady Act requirements involving gun sales to instate residents. Technological Resource to Assist Criminal Enforcement Act (TRACE Act) - Amends the Brady Act to require a licensed manufacturer or importer to: (1) test fire firearms manufactured or imported by certain licensees; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Attorney General for entry into an electronic database (established by this Act); and (4) store the fired bullet and cartridge casings as specified. Directs the Attorney General to: (1) conduct mandatory ballistics testing of all firearms in the custody of Federal agencies; and (2) establish, within each Bureau of Alcohol, Tobacco, Firearms, and Explosives field division, a gun crime task force."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hass Avocado Quality Assurance Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Hass avocados are an integral food source in the United States that are a valuable and healthy part of the human diet and are enjoyed by millions of persons every year for a multitude of everyday and special occasions. (2) Hass avocados are a significant tree fruit crop grown by many individual producers both domestically and abroad. (3) Hass avocados move in interstate and foreign commerce and Hass avocados that do not move in interstate or foreign channels of commerce but only in intrastate commerce directly affect interstate commerce of Hass avocados. (4) The maintenance and expansion of markets in existence on the date of enactment of this Act, and the development of new or improved markets or uses for Hass avocados, are needed to preserve and strengthen the economic viability of the domestic Hass avocado industry for the benefit of producers, importers, and other persons associated with the producing, importing, marketing, processing, and consuming of Hass avocados. (5) The marketing of immature Hass avocados adversely affects demand for all Hass avocados because immature avocados are unpalatable and unfit for human consumption and, when marketed, result in dissatisfied customers who will cease purchasing Hass avocados. (6) There is no better method of ensuring the maturity of Hass avocados than through requiring that Hass avocados meet an established mandatory minimum maturity standard, as measured by percentage of dry matter. (7) The application of consistent and mandatory minimum maturity standards for all Hass avocados is necessary for the maintenance, expansion, and development of markets for Hass avocados. (b) Purpose.--It is the purpose of this Act to set forth certain mandatory quality standards in the form of mandatory minimum maturity requirements for all Hass avocados, and to provide the Secretary with the authority necessary to ensure that such standards are met, with the intention of-- (1) strengthening the position of the Hass avocado industry in the domestic marketplace; and (2) maintaining, developing, and expanding markets and uses for Hass avocados. SEC. 3. MATURITY REQUIREMENTS FOR HASS AVOCADOS. Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``SEC. 209. MATURITY REQUIREMENTS FOR HASS AVOCADOS. ``(a) In General.--Not later than 180 days after the date of the enactment of the Hass Avocado Quality Assurance Act of 2007, the Secretary of Agriculture shall issue final regulations to ensure that all Hass avocados sold to consumers in the United States meet the minimum maturity standards (as measured by percentage of dry matter) for sale to a consumer of the State of California, as required by regulations issued pursuant to chapter 9 of division 17 of the California Food and Agricultural Code or any succeeding provision of California law governing the minimum maturity standards of Hass avocados for sale to a consumer. ``(b) Exceptions.--Subsection (a) and the regulations issued pursuant to subsection (a) shall not apply to Hass avocados-- ``(1) intended for consumption by charitable institutions; ``(2) intended for distribution by relief agencies; ``(3) intended for commercial processing into products; or ``(4) that the Secretary determines should not be subject to such subsection or such regulations. ``(c) Use of Existing Inspectors.--The Secretary shall, to the greatest extent practicable, use inspectors that inspect avocados for compliance with section 8e of the Agricultural Adjustment Act (7 U.S.C. 608e-1), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to conduct inspections under this section. ``(d) Penalties.-- ``(1) Diversion.--The Secretary may divert, export, or repack and reinspect any Hass avocados that do not meet the requirements of this section or the regulations issued pursuant to this section. ``(2) Civil penalties.--The Secretary may require any person who violates this section or the regulations issued pursuant to this section to-- ``(A) forfeit to the United States a sum equal to the value of the commodity at the time of violation, which forfeiture shall be recoverable in a civil suit brought in the name of the United States; or ``(B) on conviction, be fined not less than $50 or more than $5,000 for each violation. ``(e) Fees.--The Secretary may prescribe and collect fees to cover the costs of providing for the inspection of Hass avocados under this section. All fees and penalties collected shall be credited to the accounts that incur such costs and shall remain available until expended without fiscal year limitation. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. SEC. 4. SEVERABILITY. If any provision of this Act or the amendment made by this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendment made by this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation.", "summary": "Hass Avocado Quality Assurance Act of 2007 - Amends the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture to provide for mandatory minimum maturity standards for all domestic and imported Hass avocados sold to consumers in California. Provides exceptions for commercial processing and charitable and relief uses. Sets forth penalty provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Organ Procurement Expand Act of 2001''. SEC. 2. FINDINGS. The Congress finds that-- (1) 13 people die every day waiting for a life-saving transplant operation; (2) over 67,000 people are currently waiting for a transplant operation--including over 44,000 kidney patients, 14,000 liver patients, 4,000 lung patients, and 800 pancreas patients; (3) every 14 minutes, a new name is added to the national transplant waiting list; (4) between 10,000 and 12,000 people die annually who are considered medically suitable for organ donation, yet only an estimated 5,200 people donate their organs every year; (5) one donor can help more than 50 people in need of an organ; (6) current programs designed to expand the number of available organs do not contain any economic awards or incentives for patients to become organ donors; and (7) current debates in Congress and in the Administration have unfortunately focused on the way organs ought to be allocated, rather than addressing the root cause of the problem, which is a lack of available transplant organs. SEC. 3. CREDIT FOR ORGAN DONATION. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. ORGAN DONATION. ``(a) Allowance of Credit.--In the case of a qualified person, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to all qualified organ donations an amount equal to $2,500. ``(b) Qualified Organ Donation.-- ``(1) In general.--For purposes of this section, the term `qualified organ donation' means the donation of a kidney, liver, heart, pancreas, pancreas islet cells, lung, or intestine. ``(2) Exceptions.--The term `qualified organ donation' shall not include the donation of an organ under any of the following circumstances: ``(A) The donor has been killed with assistance from a physician. ``(B) The otherwise eligible individual has authorized the withdrawal or denial of life sustaining medical treatment of the donor. ``(C) The otherwise eligible individual medically conducted or assisted in the operation to recover the organ. ``(D) The organs to be donated come from an unborn child or human fetus that was aborted. ``(E) The donor has committed suicide. ``(F) Legal consent failed to be obtained from the donor or their family prior to the organ recovery. ``(G) The otherwise eligible individual has been indicted or convicted of a felony or a misdemeanor offense against the donor, or is actively under criminal investigation for the possible felony offense against the donor. ``(H) In the case of living donors, the decision to donate the organ, in the judgment of the donor's attending physicians, would subject the donor to unacceptable levels of medical risk of death or permanent debilitation. ``(c) Qualified Person.--For purposes of this section, the term `qualified person' means-- ``(1) in the case of a live organ donor, the organ donor himself, and ``(2) in the case of a deceased organ donor-- ``(A) the beneficiary designated for purposes of this section, ``(B) the estate in the case the deceased organ donor died testate but without designating a beneficiary for the purposes of this section, or ``(C) the class of beneficiaries designated under State law in the case that the deceased organ donor died intestate. ``(d) Allocation of Credit Amount Among Beneficiaries.--In the case that more than 1 person is a beneficiary under subsection (c), the amount allowed under subsection (a) shall be divided among each of the beneficiaries on a pro rata basis unless-- ``(1) the will of the deceased organ donor provides for a different allocation, or ``(2) the beneficiaries agree to a different allocation. ``(e) Carryforwards of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section, section 23, and section 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Organ donation.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.", "summary": "Help Organ Procurement Expand Act of 2001 - Amends the Internal Revenue Code to allow a $2,500 tax credit for qualified organ donations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``E-Mail User Protection Act of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Internet has become a critical mode of global communication and now presents unprecedented opportunities for the development and growth of global commerce and an integrated worldwide economy. (2) The receipt of unsolicited commercial e-mail may result in undue monetary costs to recipients who cannot refuse to accept such mail and who incur costs for the storage of such mail, or for the time spent accessing, reviewing, and discarding such mail, or for both. (3) An increasing number of senders of unsolicited commercial e-mail purposefully disguise the source of such mail so as to prevent recipients from responding to such mail quickly and easily. (4) Because recipients of unsolicited commercial e-mail that does not provide a return address are unable to avoid the receipt of such mail through reasonable means, such mail may threaten the privacy of recipients. (5) By providing remedies similar to those provided with respect to unsolicited facsimile transmissions and automated dialing equipment in the Telephone Consumer Protection Act of 1991, the Congress can provide privacy protections without infringing important Constitutional rights or imperiling the commercial development of the Internet. SEC. 3. RESTRICTIONS ON THE USE OF UNSOLICITED COMMERCIAL E-MAIL. Part 1 of title II of the Communications Act of 1934 is amended by inserting after section 230 (47 U.S.C. 230) the following new section: ``SEC. 231. RESTRICTIONS ON THE USE OF UNSOLICITED COMMERCIAL E-MAIL. ``(a) Violations Directed at Interactive Computer Services.-- ``(1) For purposes of this subsection, a violation is defined as each initiation of a transmission without regard to the number of electronic mail addresses to which the transmission is sent. ``(2) It shall be a violation of this Act, punishable under subsection (c)(1), for any person-- ``(A) to intentionally initiate the transmission of an unsolicited commercial e-mail message from an unregistered or fictitious Internet domain, or an unregistered or fictitious electronic mail address, for the purpose of-- ``(i) preventing replies to such message through the use of standard reply mechanisms in the recipient's electronic mail system, or ``(ii) preventing receipt of standard notices of non-delivery; ``(B) to intentionally use or distribute a computer program or other technical mechanism or procedure intending to disguise the source of unsolicited commercial e-mail messages or to disable or circumvent a mail filtering tool; ``(C) to intentionally distribute, through computer software or in any other manner, a collection or list of electronic mail addresses knowing that the collection or list contains addresses of persons who have previously requested removal from the list; ``(D) to intentionally register, create, or cause to be created an Internet domain under false pretenses or to apply for, register, or otherwise obtain the use of an Internet electronic mail account for the sole or primary purpose of disguising the source of unsolicited electronic mail messages; ``(E) to direct an unsolicited commercial e-mail message through the server of an interactive computer service provider to one or more subscribers of the interactive computer service, knowing or having reason to know that such action is in contravention of the rules of the interactive computer service with respect to unsolicited commercial e-mail messages; ``(F) knowing or having reason to know that such action is in contravention of the rules of an interactive computer service, to access the server of such interactive computer service and to use a computer program to collect electronic mail addresses of subscribers of the interactive computer service for the purpose of sending such subscribers unsolicited commercial e-mail or selling or distributing the list thereby collected or obtained. ``(b) Violations Directed at Individuals.-- ``(1) For purposes of this subsection, a violation is defined as each electronic mail address which receives a transmission. ``(2) It shall be a violation of this Act, punishable under subsection (c)(2), for any person-- ``(A) to fail to comply with the request of the recipient of an electronic mail message, made to the sender or mailing list manager, as appropriate, to cease sending electronic messages to the recipient in the future; or ``(B) to initiate the transmission of an unsolicited commercial e-mail message to a recipient despite having been given prior notice (either directly or through a standard method developed, adopted, or modified by an Internet standard setting organization, such as the Internet Engineering Task Force, to better facilitate pre-emptive consumer control over unsolicited, commercial e-mail) that the recipient does not wish to receive such messages. ``(c) Liability for Violations.--Any person or entity who violates any provision of subsection (a) or (b) shall be liable to any injured party for such relief as is set out below. ``(1) Relief for interactive computer services.--In an action under this section for violation of subsection (a), relief may include-- ``(A) such preliminary and other equitable or declaratory relief as may be appropriate; ``(B) for actual monetary loss from a violation, statutory damages of not more than $10,000 for each violation, and, if the court finds that the defendant's actions were particularly egregious, willful, or knowing, the court may, in its discretion, increase the amount of an award to an amount equal to not more than 10 times the amount available hereunder, and ``(C) reasonable attorneys' fees and other litigation costs reasonably incurred. ``(2) Relief for individuals.-- ``(A) In an action under this section for violation of subsection (b), relief shall be sought in an action brought by the attorney general of one or more states. ``(B) Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of transmitting unsolicited commercial e-mail to residents of that State in violation of this section or the regulations prescribed under this section, the State may bring a civil action on behalf of its residents for such relief as may be appropriate. ``(C) In an action under this subsection, appropriate relief includes-- ``(i) an injunction or such preliminary and other equitable or declaratory relief as may be appropriate; ``(ii) an action to recover statutory $500 in damages for each violation; or ``(iii) both such actions. ``(D) If the court finds the defendant's actions were particularly egregious, willful, or knowing, the court may, in its discretion, increase the amount of the award to an amount equal to not more than ten times the amount available in (C). ``(E) reasonable attorneys' fees and other litigation costs reasonably occurred. ``(d) State Law.--Nothing in this Act shall be construed to prevent any State from enforcing any State law that is consistent with this Act. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this Act. ``(e) Definitions.--In this Act: ``(1) Electronic mail address.-- ``(A) In general.--The term `electronic mail address' means a destination (commonly expressed as a string of characters) to which electronic mail can be sent or delivered. ``(B) Inclusion.--In the case of the Internet, the term `electronic mail address' may include an electronic mail address consisting of a user name of mailbox (commonly referred to as the `local part') and a reference to an Internet domain (commonly referred to as the `domain part'). ``(2) Initiates the transmission.--The term `initiates the transmission', in the case of an electronic mail message, refers to the action of the original sender of the message and not to any intervening computer service that may handle or retransmit the message, unless the intervening computer service retransmits the message with an intent to engage in activities prohibited by this Act. ``(3) Interactive computer service.--The term `interactive computer service' has the meaning given that term in section 230(c)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)). ``(4) Internet.--The term `Internet' has the meaning given that term in section 230(c)(1) of the Communications Act of 1934 (47 U.S.C. 230(c)(1)). ``(5) Internet domain.--The term `Internet domain' refers to a specific computer system (commonly referred to as a `host') or collection of computer systems attached to or able to be referenced from the Internet which are assigned a specific reference point on the Internet (commonly referred to as the `Internet domain name') and registered with an organization recognized by the computer industry as a registrant of Internet domains. ``(6) Mailing list.--The term `mailing list' refers to a computer program that provides electronic mailing list management functions, including functions that allow individuals to subscribe and unsubscribe to and from electronic mailing lists. ``(7) Mail filtering tool.--The term `mail filtering tool' means any computer program, procedure, or mechanism used by an individual recipient or interactive computer service to block, return, reroute, or otherwise screen or sort incoming electronic mail messages. ``(8) Servers.--The term `server' refers to any computer or program that provides support or services of any kind, including electronic mailboxes, to other computers. ``(9) Unsolicited commercial e-mail message.--The term `unsolicited commercial e-mail message' means any electronic mail other than-- ``(A) electronic mail sent by persons to recipients with whom they have a direct or indirect relationship, including a prior business relationship; or ``(B) mail sent by a source to a recipient where such recipient, or someone authorized by him, has at any time affirmatively requested communications from that source.''. SEC. 4. EFFECTIVE DATE. The provisions of this Act shall take effect 45 days after the date of enactment of this Act.", "summary": "E-Mail User Protection Act of 1998 - Amends the Communications Act of 1934 to prohibit any person from: (1) intentionally soliciting the transmission of unsolicited commercial e-mail from an unregistered or fictitious Internet domain or e-mail address in order to prevent reply through standard reply mechanisms; (2) intentionally using or distributing a computer program or other mechanism or procedure to disguise the source of unsolicited commercial e-mail; (3) intentionally distributing a collection or list of e-mail addresses knowing that persons on such list have previously requested removal from the list; (4) intentionally registering or creating an Internet e-mail account for the sole or primary purpose of disguising the source of unsolicited e-mail messages; (5) directing an unsolicited commercial e-mail message to subscribers of an interactive computer service (service), knowing such to be in contravention to the rules of such service with respect to unsolicited commercial e-mail messages; or (6) accessing the server of a service and using a computer program to collect e-mail addresses of service subscribers in order to send such subscribers unsolicited commercial e-mail or to sell or distribute a list of such subscribers. Considers each transmission received by an individual to be a separate violation for purposes of this Act. Provides appropriate relief for both individuals and service providers. Authorizes a State, through its Attorney General, to bring an action on behalf of its residents for appropriate relief."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Compensation, Reemployment, and Fairness Act of 1993''. SEC. 2. INDIVIDUALS IN SELF-EMPLOYMENT PROGRAMS. (a) In General.--Section 3304(a)(8) of the Internal Revenue Code of 1986 (relating to requirements) is amended by striking ``compensation'' and inserting ``(A) compensation'', by striking the semicolon and inserting ``; and'', and by adding at the end thereof the following new subparagraph: ``(B) if the State elects to participate, compensation shall not be denied or reduced to any individual for any week because such individual is participating in a qualified self-employment program (as defined in section 3306(t)) with the approval of the State agency (or because of the application, to any such week in such program, of State law provisions relating to availability for work, active search for work, or refusal to accept work);''. (b) Definition.--Section 3306 of such Code (relating to definitions) is amended by adding at the end thereof the following new subsection: ``(t) Qualified Self-Employment Program.--For purposes of this chapter, the term `qualified self-employment program' means a program which-- ``(1) meets the requirements established by the Secretary of Labor, including requirements for State agencies to determine what constitutes a good prospect for successful, permanent self-employment, ``(2) is approved by the State agency, and ``(3) provides training for individuals attempting to become self-employed.''. (c) Effective Date.--The amendments made by this section shall apply to compensation paid for weeks beginning on or after January 1, 1993. SEC. 3. EARLY REEMPLOYMENT REVIEW OF UNEMPLOYED WORKERS. (a) In General.--Section 303 of the Social Security Act (42 U.S.C. 503) is amended by adding at the end thereof the following new subsection: ``(j)(1) The State agency charged with the administration of the State law-- ``(A) shall, not later than the last day of the 5th week for which compensation is payable in an unemployed individual's benefit year, provide an early review of the individual's reemployment prospects, to the extent the State agency determines effective, ``(B) shall, to the extent the State agency determines effective, provide reemployment review information to other State employment and training program staff, including staff of State job services and service delivery areas (as described in section 101 of the Job Training Partnership Act), ``(C) shall, to the extent the State agency determines effective, provide job search and placement services, counseling, testing, occupational and labor market information, assessment, and referral to employers, ``(D) shall provide technical and training program staff to assist with reemployment services, ``(E) shall provide followup evaluation and assistance to individuals participating in reemployment activities, and ``(F) may provide reemployment reviews and, to the extent the State agency determines effective, reemployment services for workers who have received notice of permanent layoff or impending layoff, or workers in occupations which are experiencing limited demand due to technological change, impact of imports, or plant closures. ``(2) The Secretary of Labor shall prescribe such regulations as are necessary to carry out the provisions of this subsection, including regulations-- ``(A) to carry out the provisions of subparagraphs (A) and (B) of paragraph (1), ``(B) to determine whether an individual should be considered temporarily or permanently laid off, and ``(C) to assist States in examining the use of computer technology to achieve the purposes of this subsection.''. (b) Effective Date.--The amendment made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act. SEC. 4. HEARINGS FOR EMPLOYERS. (a) In General.--Section 303(a)(3) of the Social Security Act (42 U.S.C. 503(a)(3)) is amended by inserting ``and for all taxpayers with respect to liability to make contributions, and to pay amounts, under the unemployment compensation law of the State'' before the semicolon. (b) Regulations.--The Secretary of Labor may prescribe such regulations as the Secretary deems necessary to carry out the amendment made by subsection (a) to section 303(a)(3) of the Social Security Act. (c) Effective Date.--The amendment made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.", "summary": "Unemployment Compensation, Reemployment, and Fairness Act of 1993 - Amends the Internal Revenue Code to allow States to pay unemployment benefits to eligible individuals while they participate in qualified self-employment training programs. Amends the Social Security Act to require the State agency administering unemployment compensation to provide: (1) early reemployment review of unemployed workers; (2) technical and training program staff to assist with reemployment services; and (3) followup reevaluation and assistance to individuals participating in reemployment activities. Requires such agency to provide: (1) reemployment review information to other State employment and training program staff; and (2) job search and placement services, counseling, testing, occupational and labor market information, assessment, and referral to employers. Allows such agency to provide reemployment reviews and services for workers who have received notice of permanent layoff or impending layoff, or workers in occupations experiencing limited demand due to technological change, impact of imports, or plant closures. Amends the Social Security Act to require States to grant administrative hearings for employers with respect to their liability for paying unemployment taxes. Outlines the Secretary of Labor's administrative responsibilities under this Act."}
{"article": "SECTION 1. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND. The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following: ``SEC. 122. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND. ``(a) Purpose.--The purpose of this section are to establish a small dollar loan-loss guarantee fund to-- ``(1) serve as a loss reserve for qualifying loans to consumers offered by eligible financial institutions; ``(2) increase the number of qualifying loan products offered to consumers by such institutions; and ``(3) increase consumer access to mainstream financial institutions and provide consumers with alternative choices to pay day loans. ``(b) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis.--The term `consumer reporting agency that compiles and maintains files on consumers on a nationwide basis' has the same meaning given such term in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)). ``(2) Eligible financial institution.--The term `eligible financial institution' means-- ``(A) any community development financial institution, provided that if such institution is subject to examination under the Community Reinvestment Act of 1977, that such institution received a satisfactory or an outstanding rating in meeting the needs of the community as part of its last examination under such Act; and ``(B) any other entity, organization, or institution whose primary mission is to serve low- to moderate-income individuals, as determined appropriate by the Administrator. ``(3) Fund.--The term `Fund' means the CDFI Small Dollar Loan-Loss Guarantee Fund established under subsection (c). ``(4) Qualifying loan.--The term `qualifying loan' means a loan that satisfies the following requirements: ``(A) The loan is made to a consumer by an eligible financial institution. ``(B) The loan is made in an amount not exceeding $2,500. ``(C) The loan-- ``(i) has a repayment period of at least 60 days; ``(ii) is repaid in installments, and such installment payments result in the reduction in the principle balance owed on the loan; ``(iii) has an annual percentage rate that the Administrator determines to be acceptable through the application process for the purposes of this section, but in no event shall such annual percentage rate exceed 36 percent; and ``(iv) has no pre-payment penalty. ``(D) At the time of origination of the loan, the eligible financial institution that made the loan offered the consumer information. ``(E) The eligible financial institution making the loan reports payments regarding the loan to at least 1 of the consumer reporting agencies that compiles and maintains files on consumers on a nationwide basis. ``(c) Establishment.-- ``(1) In general.--There is established a CDFI Small Dollar Loan-Loss Guarantee Fund, which shall be used by the Administrator to defray the cost of losses on qualifying loans to consumers made by eligible financial institutions. ``(2) Use of fund amounts.-- ``(A) Reimbursement.--From amounts available in the Fund, the Administrator may provide reimbursement of a qualifying loan loss that is up to 60 percent of the loss on the qualifying loan to an eligible financial institution that has submitted an application pursuant to the requirements of subparagraph (B). The Administrator shall take into consideration the overall default rates of the qualifying loan portfolio in an eligible financial institution when determining the reimbursement rate of loan loss. ``(B) Application.--In order to receive any amounts from the Fund under this section, each eligible financial institution shall submit an application at such time, in, such form, and with such information and assurances as the Administrator may require. ``(3) Deposits.-- ``(A) In general.--The Fund shall consist of-- ``(i) any amounts deposited pursuant to subsection (d)(4); ``(ii) any amounts borrowed pursuant to subsection (e); ``(iii) a portion, as determined by the Administrator, of the proceeds of fees collected by an eligible financial institution for the origination of the qualifying loans to consumers; and ``(iv) any amounts transferred, credited, donated, or bequeathed to the Fund by any individual, foundation, corporation, or other legal entity. ``(B) Solvency of fund.--In making the determination required under subparagraph (A), the Administrator shall give priority consideration to that amount that would best protect and ensure the solvency of the Fund. ``(C) Investment authority.--Funds that are not otherwise distributed by the Fund to eligible financial institutions for reimbursement of qualifying loan losses shall be invested in obligations of the United States or in obligations guaranteed as principle and interest by the United States. ``(d) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated for each fiscal year such sums as are necessary to carry out this section. ``(2) Administrative costs.--From amounts made available under this section, the Administrator may reserve not more than 10 percent for administrative costs. ``(3) Technical assistance grants.--Amounts made available under this section may be used to make technical assistance grants to applicants to develop and support a small dollar loan program. Any technical assistance grants made under this paragraph shall be made in accordance with subsections (b), (c), and (d) of section 108, provided that the Administrator may waive the requirements of subsection (e) of such section 108 with respect to such grants. ``(4) Deposit into fund.--Amounts made available under this section may be deposited into the CDFI Small Dollar Loan-Loss Guarantee Fund established under this section. ``(e) Borrowing Authority.--The Administrator is authorized to borrow from the Treasury, and the Secretary of the Treasury is authorized and directed to loan to the Administrator on such terms as may be fixed by the Administrator and the Secretary, such funds as in the judgment of the Administrator are from time to time required to maintain the solvency of the Fund, not exceeding in the aggregate $75,000,000 outstanding at any one time, subject to the approval of the Secretary of the Treasury: Provided, That the rate of interest to be charged in connection with any loan made pursuant to this subsection shall not be less than an amount determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. For such purpose the Secretary of the Treasury is authorized to use as a public-debt transaction the proceeds of the sale of any securities hereafter issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under the Second Liberty Bond Act, as amended, are extended to include such loans. Any such loan shall be used by the Administrator solely in carrying out its functions with respect to the Fund. All loans and repayments under this subsection shall be treated as public-debt transactions of the United States. The Administrator may employ any amounts obtained under this subsection for purposes of the Fund and the borrowing shall become a liability of the Fund to the extent funds are employed therefor. ``(f) Report to Congress.--Not later than 1 year after the CDFI Small Dollar Loan-Loss Guarantee Fund makes its first reimbursement to an eligible financial institution, and every year thereafter, the Administrator shall submit to the Banking, Housing, and Urban Affairs Committee of the Senate, the Financial Services Committee of the House of Representatives, and the Committee on Appropriations of both the Senate and the House of Representatives a report describing-- ``(1) the activities of the Fund, including the cumulative volume and amounts of loan reimbursements that have been distributed from the Fund during the prior 12 months; ``(2) the solvency of the Fund; ``(3) the default rate of qualifying loans; and ``(4) any measurable results, as appropriate and available, related to the achievement of the purposes of this section as such purposes are set forth under subsection (a).''.", "summary": "Amends the Community Development Banking and Financial Institutions Act of 1994 to establish the Community Development Financial Institutions (CDFI) Small Dollar Loan-Loss Guarantee Fund to defray the cost of losses on specified qualifying consumer loans (not exceeding $2500) made by certain CDFIs and institutions whose primary mission is to serve low- to moderate-income individuals. Authorizes appropriations to implement the program and to provide technical assistance grants to applicants to develop and support a small dollar loan program. Authorizes the Administrator of the CFDI Fund to borrow from the Treasury as necessary to maintain Fund solvency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Debt Relief and Democracy Reform Act''. SEC. 2. ADDITIONAL REQUIREMENTS FOR CANCELLATION OR REDUCTION OF DEBT OWED TO THE UNITED STATES. The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``PART VI--ADDITIONAL REQUIREMENTS FOR CANCELLATION OR REDUCTION OF DEBT OWED TO THE UNITED STATES ``SEC. 901. CANCELLATION OR REDUCTION OF DEBT. ``Beginning on and after the date of the enactment of this part, the President may cancel or reduce amounts owed to the United States (or any agency of the United States) by foreign countries as a result of concessional or nonconcessional loans made, guarantees issued, or credits extended under any other provision of law only if, in addition to the requirements contained under the applicable provisions of law providing authority for the debt cancellation or reduction, the requirements contained in section 902 are satisfied. ``SEC. 902. ADDITIONAL REQUIREMENTS. ``(a) In General.--A foreign country shall be eligible for cancellation or reduction of debt under any other provision of law only if the government of the country-- ``(1) ensures freedom of the press; ``(2) ensures freedom of association; ``(3) has established an independent and nondiscriminatory judiciary; ``(4) provides for the reduction or elimination of corruption relating to public officials, including-- ``(A) the promulgation of laws to prohibit bribery of and by public officials, including disclosure of assets by such officials upon taking office, periodically while in office, and upon leaving office; ``(B) the establishment of an independent anti- corruption commission-- ``(i) to receive and verify the disclosure of assets by public officials in accordance with subparagraph (A); and ``(ii) to investigate allegations or corruption or misconduct by public officials and to make all findings available to the appropriate administrative or judicial entities; and ``(C) the establishment of an independent agency-- ``(i) to audit the financial activities of public officials and agencies; and ``(ii) to make all audits under clause (i) available to the appropriate administrative or judicial entities; ``(5) is elected through free and fair elections; ``(6) does not engage in a consistent pattern of gross violations of internationally recognized human rights; and ``(7) does not repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) or section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)). ``(b) Exceptions.--The President may waive the application of 1 or more of the requirements of subsection (a) with respect to the cancellation or reduction of debt owed to the United States by a foreign country-- ``(1) for emergency humanitarian relief purposes; ``(2) if the President determines that it is in the national security interests of the United States to do so; or ``(3) if the President determines that the foreign country is making demonstrable progress in meeting the requirements of paragraphs (1) through (7) of subsection (a) by adopting appropriate legal and other related reforms. ``(c) Congressional Notification.--Not later than 7 days prior to the cancellation or reduction of debt in accordance with section 901, the President shall transmit to the Congress a report that contains a justification for the determination by the President that-- ``(1) the requirements contained in each of paragraphs (1) through (7) of subsection (a) have been satisfied with respect to the foreign country involved; or ``(2) the requirement of paragraph (1), (2), or (3) of subsection (b) has been satisfied with respect to the foreign country involved.''. SEC. 3. SENSE OF THE CONGRESS RELATING TO CANCELLATION OR REDUCTION OF MULTILATERAL DEBT. It is the sense of the Congress that the President should instruct the United States Executive Director at each international financial institution to which the United States is a member to use the voice, vote, and influence of the United States to urge that the cancellation or reduction of debt owed to the institution by a country may be provided only if the country meets the same requirements applicable to the cancellation or reduction of amounts owed to the United States under paragraphs (1) through (7) of section 902(b) of the Foreign Assistance Act of 1961 (as added by section 2).", "summary": "Expresses the sense of Congress that the President should instruct the U.S. Executive Director at each international financial institution to use the U.S. voice, vote, and influence to urge that the cancellation or reduction of debt owed to the institution by a country be provided only if it meets the additional requirements of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Trade Secrets and Innovation Act of 2012''. SEC. 2. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS. (a) In General.--Section 1836 of title 18, United States Code, is amended to read as follows: ``Sec. 1836. Civil proceedings ``(a) Private Civil Actions.-- ``(1) In general.--A person may bring a civil action under this subsection if the person is aggrieved by-- ``(A) a violation of section 1831(a) or 1832(a); or ``(B) a misappropriation of a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce. ``(2) Pleadings.--A complaint filed in a civil action brought under this subsection shall-- ``(A) describe with specificity the reasonable measures taken to protect the secrecy of the alleged trade secrets in dispute; and ``(B) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country. ``(3) Civil ex parte seizure order.-- ``(A) In general.--In a civil action brought under this subsection, the court may, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, issue an order providing for-- ``(i) the seizure of any property (including computers) used or intended to be used, in any manner or part, to commit or facilitate the commission of the violation alleged in the civil action; and ``(ii) the preservation of evidence in the civil action. ``(B) Scope of orders.--An order issued under subparagraph (A) shall-- ``(i) authorize the retention of the seized property for a reasonably limited period, not to exceed 72 hours under the initial order, which may be extended by the court after notice to the affected party and an opportunity to be heard; ``(ii) require that any copies of seized property made by the requesting party be made at the expense of the requesting party; ``(iii) require the requesting party to return the seized property to the party from which the property were seized at the end of the period authorized under clause (i), including any extension; and ``(iv) include an appropriate protective order with respect to discovery and use of any property that has been seized, which shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in the seized property is not improperly disclosed or used. ``(C) Seizures.--A party injured by a seizure under an order under this paragraph-- ``(i) may bring a civil action against the applicant for the order; and ``(ii) shall be entitled to recover appropriate relief, including-- ``(I) damages for lost profits, cost of materials, and loss of good will; ``(II) if the seizure was sought in bad faith, punitive damages; and ``(III) unless the court finds extenuating circumstances, to recover a reasonable attorney's fee. ``(4) Remedies.--In a civil action brought under this subsection, a court may-- ``(A) issue-- ``(i) an order for appropriate injunctive relief against any violation described in paragraph (1), including the actual or threatened misappropriation of trade secrets; ``(ii) if determined appropriate by the court, an order requiring affirmative actions to be taken to protect a trade secret; and ``(iii) if the court determines that it would be unreasonable to prohibit use of a trade secret, an order requiring payment of a reasonable royalty for any use of the trade secret; ``(B) award-- ``(i) damages for actual loss caused by the misappropriation of a trade secret; and ``(ii) damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; ``(C) if the trade secret described in paragraph (1)(B) is willfully or maliciously misappropriated, award exemplary damages in an amount not more than the amount of the damages awarded under subparagraph (B); and ``(D) if a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or opposed in bad faith, or a trade secret is willfully and maliciously misappropriated, award reasonable attorney's fees to the prevailing party. ``(b) Jurisdiction.--The district courts of the United States shall have original jurisdiction of civil actions brought under this section. ``(c) Period of Limitations.--A civil action under this section may not be commenced later than 3 years after the date on which the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For purposes of this subsection, a continuing misappropriation constitutes a single claim of misappropriation.''. (b) Definitions.--Section 1839 of title 18, United States Code, is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) the term `misappropriation' means-- ``(A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or ``(B) disclosure or use of a trade secret of another without express or implied consent by a person who-- ``(i) used improper means to acquire knowledge of the trade secret; ``(ii) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was-- ``(I) derived from or through a person who had used improper means to acquire the trade secret; ``(II) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or ``(III) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or ``(iii) before a material change of the position of the person, knew or had reason to know that-- ``(I) the trade secret was a trade secret; and ``(II) knowledge of the trade secret had been acquired by accident or mistake; and ``(6) the term `improper means'-- ``(A) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; and ``(B) does not include reverse engineering or independent derivation.''. (c) Technical and Conforming Amendment.--The table of sections for chapter 90 of title 18, United States Code, is amended by striking the item relating to section 1836 and inserting the following: ``1836. Civil proceedings.''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to modify the rule of construction under section 1838 of title 18, United States Code, or to preempt any other provision of law.", "summary": "Protecting American Trade Secrets and Innovation Act of 2012 - Amends the federal criminal code to authorize a person who is aggrieved by an act of economic espionage, theft of a trade secret, or misappropriation of a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce to bring a civil action under this Act (current law authorizes the Attorney General to bring a civil action to obtain injunctive relief against any violation of provisions regarding the protection of trade secrets). Requires a complaint filed in such an action to: (1) describe with specificity the reasonable measures taken to protect the secrecy of the alleged trade secrets in dispute, and (2) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country. Authorizes the court, in a civil action, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, to issue an order providing for: (1) the seizure of any property (including computers) used or intended to be used to commit or facilitate the commission of the alleged violation, and (2) the preservation of evidence. Sets forth provisions regarding the scope of such an order, rights of a party injured by a seizure under such an order, and remedies with respect to civil actions brought under this Act. Establishes a three-year limitations period, beginning when the misappropriation is discovered or should have been discovered."}
{"article": "SECTION. 1. SHORT TITLE. This Act may be cited as the ``Adult Education Instructor Recruitment and Retention Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) Adult literacy and remedial education teachers provide adults and out-of-school youths basic skills that equip them to solve problems and become active participants in our society, to hold a job, and to further their education. (2) Students in adult literacy and remedial education classes are made up of those who dropped out of school or have passed through the school system without an adequate education. It also includes students who want to take the General Educational Development examination and, increasingly, immigrants whose native language is not English. (3) In the year 1998, there were over 4,000,000 students enrolled in adult education programs throughout the United States. (4) Nearly one-fourth of the 4,000,000 students enrolled were unemployed. Another 24 percent were working poor. Welfare recipients comprised almost 10 percent of all students in 1998. (5) That same year, there were 177,943 adult education instructors. Nearly 23,000 of those were working full-time, with another 69,129 working part-time. The remaining 85,924 teachers were volunteers. (6) Adult education has been shown to assist persons in achieving job skills and gain or advance in employment. For example, in 1998, over 150,000 adult education students went on to do other training; nearly 300,000 students retained, advanced, or gained employment. (7) As employers increasingly require a more literate workforce, workers' demand will grow for all types of literacy and remedial classes. (8) A softening economy may require more students to obtain additional education to get a job. (9) Adult education instructors often feel they are not as respected by education departments as their general education peers. Funding is generally inadequate, and resources are often old or nonexistent. Funding level changes can cause the number of teaching jobs to fluctuate from year to year. (10) Median hourly earnings of adult literacy and remedial education teachers and high school equivalency instructors were $16.12 in 2000. Yet, many adult education teachers have high student loans that they need to repay. SEC. 3. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS. (a) Guaranteed Student Loans.--Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS. ``(a) Purpose.--It is the purpose of this section-- ``(1) to bring more highly trained individuals into the adult education profession; and ``(2) to keep more highly trained adult education instructors in the adult education field for longer periods of time. ``(b) Definitions.--In this section: ``(1) Adult education facility.--The term `adult education facility' means a facility that provides any of the following types of educational instruction for individuals 16 years old and older: ``(A) Education for adults with limited English proficiency. ``(B) Adult secondary education. ``(C) Literacy education for older adults. ``(D) Adult basic education programs for adults with disabilities. ``(2) Year.--The term `year', when applied to service as an adult education instructor means any period of 365 consecutive days. ``(3) Low-income family.--The term `low-income family' means a low-income family, as determined by the local educational agency for purposes of allocating funds to schools under section 1113(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(1)). ``(4) Low-income community.--An adult education facility is serving a low-income community if at least 70 percent of the students enrolled at the facility are from low-income families. ``(5) Full-time.--The term `full-time' means employment that includes at least 30 hours per week of adult education teaching. ``(c) Program Authorized.--The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (d) of this section, for any borrower who-- ``(1) has been employed as a full-time teacher for 3 consecutive years in an adult education facility that serves a low-income community; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Loan Repayment.-- ``(1) In general.--The Secretary shall assume the obligation to repay a qualified loan amount for each year of employment described in subsection (c)(1) completed after the date of enactment of this section, but counting consecutive years before or after such date for purposes of determining the number of consecutive years. Such qualified loan amount shall be equal to-- ``(A) $500 for the third consecutive year of employment; ``(B) $1,000 for the fourth consecutive year of such employment; ``(C) $1,500 for the fifth consecutive year of such employment; and ``(D) $2,000 for the sixth consecutive year of such employment. ``(2) No refunds.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ``(4) Ineligibility of national service award recipients.-- No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. ``(f) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing each year of qualifying employment. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged. ``(g) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2003, and such sums as may be necessary for succeeding fiscal years.''. (b) Direct Loans.--Part D of title IV of the Higher Education Act of 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the following new section: ``SEC. 460A. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS. ``(a) Purpose.--It is the purpose of this section-- ``(1) to bring more highly trained individuals into the adult education profession; and ``(2) to keep more highly trained adult education instructors in the adult education field for longer periods of time. ``(b) Definitions.--In this section: ``(1) Adult education facility.--The term `adult education facility' means a facility that provides any of the following types of educational instruction for individuals 16 years old and older: ``(A) Education for adults with limited English proficiency. ``(B) Adult secondary education. ``(C) Literacy education for older adults. ``(D) Adult basic education programs for adults with disabilities. ``(2) Year.--The term `year', when applied to service as an adult education instructor means any period of 365 consecutive days. ``(3) Low-income family.--The term `low-income family' means a low-income family, as determined by the local educational agency for purposes of allocating funds to schools under section 1113(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(1)). ``(4) Low-income community.--An adult education facility is serving a low-income community if at least 70 percent of the students enrolled at the facility are from low-income families. ``(5) Full-time.--The term `full-time' means employment that includes at least 30 hours per week of adult education teaching. ``(c) Program Authorized.--The Secretary shall carry out a program of cancelling the obligation to repay a qualified loan amount for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans in accordance with subsection (d) of this section, for any borrower who-- ``(1) has been employed as a full-time teacher for 3 consecutive years in an adult education facility that serves a low-income community; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Loan Repayment.-- ``(1) In general.--The Secretary shall cancel the obligation to repay a qualified loan amount for each year of employment described in subsection (c)(1) completed after the date of enactment of this section, but counting consecutive years before or after such date for purposes of determining the number of consecutive years. Such qualified loan amount shall be equal to-- ``(A) $500 for the third consecutive year of employment; ``(B) $1,000 for the fourth consecutive year of such employment; ``(C) $1,500 for the fifth consecutive year of such employment; and ``(D) $2,000 for the sixth consecutive year of such employment. ``(2) No refunds.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ``(4) Ineligibility of national service award recipients.-- No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. ``(f) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing each year of qualifying employment. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged. ``(g) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2003, and such sums as may be necessary for succeeding fiscal years.''.", "summary": "Adult Education Instructor Recruitment and Retention Act of 2002 - Amends the Higher Education Act of 1965 to establish student loan forgiveness programs for adult education instructors."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Prosecutors Retirement Benefit Equity Act of 2001''. SEC. 2. INCLUSION OF FEDERAL PROSECUTORS IN THE DEFINITION OF A LAW ENFORCEMENT OFFICER. (a) Civil Service Retirement System.-- (1) In general.--Paragraph (20) of section 8331 of title 5, United States Code, is amended by striking ``position.'' and inserting ``position and a Federal prosecutor.''. (2) Federal prosecutor defined.--Section 8331 of title 5, United States Code, is amended-- (A) in paragraph (27), by striking ``and'' at the end; (B) in paragraph (28), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(29) `Federal prosecutor' means-- ``(A) an assistant United States attorney under section 542 of title 28; or ``(B) an attorney employed by the Department of Justice and designated by the Attorney General of the United States.''. (b) Federal Employees' Retirement System.-- (1) In general.--Paragraph (17) of section 8401 of title 5, United States Code, is amended-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by adding ``and'' after the semicolon; and (C) by adding at the end the following: ``(E) a Federal prosecutor;''. (2) Federal prosecutor defined.--Section 8401 of title 5, United States Code, is amended-- (A) in paragraph (33), by striking ``and'' at the end; (B) in paragraph (34), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(35) `Federal prosecutor' means-- ``(A) an assistant United States attorney under section 542 of title 28; or ``(B) an attorney employed by the Department of Justice and designated by the Attorney General of the United States.''. (c) Treatment Under Certain Provisions of Law (Unrelated to Retirement) To Remain Unchanged.-- (1) Original appointments.--Subsections (d) and (e) of section 3307 of title 5, United States Code, are amended by adding at the end of each the following: ``The preceding sentence shall not apply in the case of an original appointment of a Federal prosecutor as defined under section 8331(29) or 8401(35).''. (2) Mandatory separation.--Sections 8335(b) and 8425(b) of title 5, United States Code, are amended by adding at the end of each the following: ``The preceding provisions of this subsection shall not apply in the case of a Federal prosecutor as defined under section 8331(29) or 8401(35).''. (d) Effective Date.--The amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after 120 days after the date of enactment of this Act. SEC. 3. PROVISIONS RELATING TO INCUMBENTS. (a) Definitions.--In this section, the term-- (1) ``Federal prosecutor'' means-- (A) an assistant United States attorney under section 542 of title 28, United States Code; or (B) an attorney employed by the Department of Justice and designated by the Attorney General of the United States; and (2) ``incumbent'' means an individual who is serving as a Federal prosecutor on the effective date of this section. (b) Designated Attorneys.--If the Attorney General of the United States makes any designation of an attorney to meet the definition under subsection (a)(1)(B) for purposes of being an incumbent under this section,-- (1) such designation shall be made before the effective date of this section; and (2) the Attorney General shall submit to the Office of Personnel Management before that effective date-- (A) the name of the individual designated; and (B) the period of service performed by that individual as a Federal prosecutor before that effective date. (c) Notice Requirement.--Not later than 9 months after the date of enactment of this Act, the Department of Justice shall take measures reasonably designed to provide notice to incumbents on-- (1) their election rights under this Act; and (2) the effects of making or not making a timely election under this Act. (d) Election Available to Incumbents.-- (1) In general.--An incumbent may elect, for all purposes, to be treated-- (A) in accordance with the amendments made by this Act; or (B) as if this Act had never been enacted. (2) Failure to elect.--Failure to make a timely election under this subsection shall be treated in the same way as an election under paragraph (1)(A), made on the last day allowable under paragraph (3). (3) Time limitation.--An election under this subsection shall not be effective unless the election is made not later than the earlier of-- (A) 120 days after the date on which the notice under subsection (c) is provided; or (B) the date on which the incumbent involved separates from service. (e) Limited Retroactive Effect.-- (1) Effect on retirement.--In the case of an incumbent who elects (or is deemed to have elected) the option under subsection (d)(1)(A), all service performed by that individual as a Federal prosecutor shall-- (A) to the extent performed on or after the effective date of that election, be treated in accordance with applicable provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, as amended by this Act; and (B) to the extent performed before the effective date of that election, be treated in accordance with applicable provisions of subchapter III of chapter 83 or chapter 84 of such title, as if the amendments made by this Act had then been in effect. (2) No other retroactive effect.--Nothing in this Act (including the amendments made by this Act) shall affect any of the terms or conditions of an individual's employment (apart from those governed by subchapter III of chapter 83 or chapter 84 of title 5, United States Code) with respect to any period of service preceding the date on which such individual's election under subsection (d) is made (or is deemed to have been made). (f) Individual Contributions for Prior Service.-- (1) In general.--An individual who makes an election under subsection (d)(1)(A) may, with respect to prior service performed by such individual, contribute to the Civil Service Retirement and Disability Fund the difference between the individual contributions that were actually made for such service and the individual contributions that should have been made for such service if the amendments made by section 2 had then been in effect. (2) Effect of not contributing.--If no part of or less than the full amount required under paragraph (1) is paid, all prior service of the incumbent shall remain fully creditable as law enforcement officer service, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2) of title 5, United States Code, to the extent necessary to make up the amount unpaid. (3) Prior service defined.--For purposes of this section, the term ``prior service'' means, with respect to any individual who makes an election under subsection (d)(1)(A), service performed by such individual before the date as of which appropriate retirement deductions begin to be made in accordance with such election. (g) Government Contributions for Prior Service.-- (1) In general.--If an incumbent makes an election under subsection (d)(1)(A), the Department of Justice shall remit to the Office of Personnel Management, for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, the amount required under paragraph (2) with respect to such service. (2) Amount required.--The amount the Department of Justice is required to remit is, with respect to any prior service, the total amount of additional Government contributions to the Civil Service Retirement and Disability Fund (over and above those actually paid) that would have been required if the amendments made by section 2 had then been in effect. (3) Contributions to be made ratably.--Government contributions under this subsection on behalf of an incumbent shall be made by the Department of Justice ratably (on at least an annual basis) over the 10-year period beginning on the date referred to in subsection (f)(3). (h) Regulations.--Except as provided under section 4, the Office of Personnel Management shall prescribe regulations necessary to carry out this Act, including provisions under which any interest due on the amount described under subsection (f) shall be determined. (i) Effective Date.--This section shall take effect 120 days after the date of enactment of this Act. SEC. 4. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS. (a) Definition.--In this section the term ``Federal prosecutor'' has the meaning given under section 3(a)(1). (b) Regulations.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, the Attorney General of the United States shall-- (A) consult with the Office of Personnel Management on this Act (including the amendments made by this Act); and (B) promulgate regulations for making designations of Federal prosecutors who are not assistant United States attorneys. (2) Contents.--Any regulations promulgated under paragraph (1) shall ensure that attorneys designated as Federal prosecutors who are not assistant United States attorneys have routine employee responsibilities that are substantially similar to those of assistant United States attorneys assigned to the litigation of criminal cases, such as the representation of the United States before grand juries and in trials, appeals, and related court proceedings. (c) Designations.--The designation of any Federal prosecutor who is not an assistant United States attorney for purposes of this Act (including the amendments made by this Act) shall be at the discretion of the Attorney General of the United States.", "summary": "Federal Prosecutors Retirement Benefit Equity Act of 2001 - Amends Federal civil service law to include Federal prosecutors within the definition of \"law enforcement officer\" (LEO). Extends LEO benefits under the Civil Service Retirement System and the Federal Employees' Retirement System to Federal prosecutors, including Assistant United States Attorneys (AUSAs), and such other attorneys in the Department of Justice (DOJ) as may be designated by the Attorney General. Exempts Federal prosecutors from mandatory retirement provisions for LEOs under the civil service laws.Requires DOJ to provide notice to incumbent Federal prosecutors of their rights under this Act. Allows incumbents to opt out of the LEO retirement program. Sets forth provisions governing the crediting of prior service by incumbents. Provides for make-up contributions for prior service of incumbents to the Civil Service Retirement and Disability Fund.Gives incumbents the option of either contributing to their own share of any make-up contributions or receiving a proportionally lesser retirement benefit. Allows the Government to contribute its share of any make-up contribution ratably over a ten-year period."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Employment Dispute Resolution Act of 2000 (NEDRA)''. SEC. 2. FINDINGS. The Congress finds the following: (1) The prohibitive costs and emotional toll of litigation as well as the growing backlog of employment civil rights claims and lawsuits has impeded the protection and enforcement of workplace civil rights. (2) Mediation is an economical, participatory, and expeditious alternative to traditional, less cooperative methods of resolving employment disputes. (3) Mediation enables disputants to craft creative solutions and settlements, surpassing the reach of traditional remedies, thereby possibly protecting the continuity of the employment relationship. (4) As we enter the new millennium, a national program of directed or required participation in mediation where any settlement is voluntary mandated mediation for certain employment and contract disputes, will help fulfill the goal of equal opportunity in work and business places of the United States. (5) Overt and subtle discrimination still exists in our society and in the workplace. (6) Overt and subtle forms of discrimination cause substantial measurable economic and noneconomic costs to employers and the American workforce, create a barrier to fully realizing equal opportunity in the workplace, and are contrary to public policy promoting equal opportunity in the workplace. (b) Purposes.--The purposes of this Act are-- (1) to establish a fair and effective alternative means by which employees and covered employers may have an increased likelihood of resolving both alleged overt and subtle forms or acts of discrimination without the necessity of the employee taking some form of legal action against the employer, (2) in accordance with the various public policies encouraging the use of mediation, to make mediation available at an early stage of an employment dispute, thus-- (A) possibly reducing economic and noneconomic costs, (B) preserving the employment relationship and decreasing acrimony, and (C) decreasing the filing of a number of formal discrimination complaints, charges, and lawsuits and further burdening our public justice system, and (3) to provide that the participation in mediation shall not preclude either the employee-disputant or covered employer- disputant from having access to the public justice system. SEC. 3. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. (a) Federal Employees.--Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) is amended-- (1) in section 706(a) by inserting after the 7th sentence the following: ``Regardless of whether the Commission makes an investigation under this subsection, the Commission shall provide counseling services regarding, and endeavor to responsibly address and resolve, claims of unlawful discrimination using certified contract mediators.'', and (2) in section 711(a) by adding at the end the following: ``Every employer, employment agency, and labor organization shall provide to each employee and each member, individually, a copy of the materials required by this section to be so posted.''. (b) Office of Federal Contract Compliance.--Section 718 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-17) is amended-- (1) by inserting ``(a)'' after ``Sec. 718'', and (2) by adding at the end the following: ``(b) The Office of Federal Contract Compliance shall endeavor to responsibly address and resolve any alleged discrimination using mediation with respect to which this section applies. ``(c) An employer who establishes, implements an approved internal conflict management program or system providing the use of a certified mediator participates in mediation under this section shall be given preferred status in contract bidding for additional and for maintaining current Federal Government contracts. ``(d) An employer who is a party to a Government contract or the agency of the United States shall assume the costs of mediation under this section, including the fees of the mediator and any travel and lodging expenses of the employee, if such travel exceeds 25 miles, one way. Any settlement shall include, among other things, any appropriate and reasonable attorney fees. ``(e) Retaliation by an employer who is a party to a Government contract or the agency of the United States, or the destruction of evidence, shall result in the imposition of appropriate civil or criminal sanctions. The participation in mediation shall be at the option of the employee. The participation in mediation shall not preclude the employee's access to any State, local, or Federal EEO enforcement agency or any State or Federal court. ``(f) The Office of Federal Contract Compliance shall have authority over employers who are parties to Government contracts that fail to comply with this section. Failure to comply shall result in the loss of a current Government contract and disqualification from consideration for future Government contracts. ``(g) No resolution by the disputants may contravene the provisions of a valid collective bargaining agreement between an employer who is a part to a Government contract and a labor union or certified bargaining representative. Any voluntary settlement outcome and agreement may not be in conflict with the collective bargaining agreement.''. SEC. 4. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967. The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) is amended-- (1) in section 7(e) by inserting after the 2d sentence the following: ``The Commission shall provide counseling services regarding, and endeavor to responsibly address and resolve, claims of unlawful discrimination using certified contract mediators.'', and (2) in section 8 by adding at the end the following: ``Every employer, employment agency, and labor organization shall provide to each employee and each member, individually, a copy of the materials required by this section to be so posted.''. SEC. 5. AMENDMENT TO AMERICANS WITH DISABILITIES ACT OF 1990. Section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)) is amended by adding at the end the following: ``The Commission shall provide counseling services regarding, and endeavor to responsibly address and resolve, claims of unlawful discrimination using certified contract mediators.''. SEC. 6. MEDIATION. (a) Definitions.--For purposes of this section: (1) The term ``employer'' means any Federal agency (including Federal courts) or business enterprise receiving Federal funds of $200,000 or greater or having 20 or more employees. (2) The term ``mediator'' means any neutral, third-party, including an attorney and a nonattorney, who is trained in the mediation process and has a demonstrable working knowledge in relevant EEO and employment law, including a third party who is-- (A) appointed or approved by a competent court, the Equal Employment Opportunity Commission, a certified mediation center, or a university, or (B) jointly chosen by the disputants. (3) The term ``trained mediation professional'' means a person who-- (A) has participated in employment mediation training of 40 or more hours, or (B) has co-mediated with or been supervised by another trained certified mediation professional for at least three employment or contract dispute cases of no fewer than 15 hours. (4) The term ``certified mediation center'' includes any private or public entity that is qualified to facilitate the employment or contract mediation process and provide training on employment and contract dispute resolution, including, but not limited to, the American Arbitration Association, the American Bar Association, the Center for Employment Dispute Resolution, CPR Conflict Institute, JAMS/Endispute, United States Arbitration and Mediation, Inc., Institute on Conflict Resolution at Cornell University, and the Society of Professionals in Dispute Resolution. (b) Requirements.--(1) All employers shall-- (A) establish an internal dispute resolution program or system that provides, as a voluntary option, employee-disputant access to external third-party certified mediators, (B) participate in mediation if the employee has exhausted the internal dispute resolution program or system and has formally requested mediation without the filing of a charge or lawsuit, and (C) participate in mediation if the claimant has filed a charge or lawsuit and the claimant formally requests mediation. (2) While the mediation settlement outcome would be voluntary, the employer shall participate in mediation where the employee-disputant has expressed a desire to mediate. (3) Under all circumstances, the employee-disputant is entitled to legal representation. (4) Employers shall inform employee-disputants of the mediation alternative and their respective rights thereof, and the employee- disputant would have 30 days in which to decide whether to participate in mediation. (5) When an employee-disputant voluntarily agrees to participate in the mediation process, any applicable statute of limitations shall be tolled, and the private tolling agreement shall be enforceable in any court of competent jurisdiction. (6) The employee and employer disputants shall not have more than 90 days within which to resolve the dispute. (7) Should mediation prove unsuccessful, the employer shall again inform the employee-disputant of their rights, in writing including the right to pursue the matter under any applicable State, county, local ordinance, or Federal statutes. (8) Consistent with section 705 of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission, and any State or local authority involved in proceedings described in section 706, shall offer technical assistance to any unrepresented or self-represented party, provided that a formal complaint has been filed with the Commission or such authority. Such assistance shall include, but not be limited to-- (A) pre-mediation counseling, (B) assistance in understanding the status of relevant case law, (C) assistance in what would be the appropriate remedy if the instant claim were to be found to have merit, and (D) assistance in drafting any post-mediation settlement agreement or resolution. (9) Submission of a claim for mediation shall not preclude either the claimant or respondent from seeking other appropriate relief on that claim, except that neither party shall seek other relief until the mediation process has concluded. (10) Any settlement as a result of the mediation process shall be strictly voluntary and remain confidential except for research and evaluation purposes. (11) In every case, the privacy, privilege, and confidentiality of all parties to the dispute shall be preserved, including complaint intake personnel and mediation consultations. (c) Attorney's Obligation To Advise Clients of Mediation.--For the purposes of this Act and all of the other related statutes, attorneys and consultants are legally obliged to advise their clients of the existence of the mediation alternative and their obligations under the Act to participate in mediation in ``good faith''. (d) Judicial Enforcement.--Either party to a mediation agreement to bring an action of enforcement in a Federal district court of competent jurisdiction, however any matter discussed or material presented during mediation shall not be used in any subsequent local, State, or Federal administrative or court proceeding. The confidential provisions of any internal conflict management program or system or agreement to mediations shall be immune from attack by any third party.", "summary": "Mandates that any Federal agency or court (or business enterprise receiving $20,000 or more in Federal funds, or having 20 or more employees): (1) establish an internal dispute resolution mechanism that provides, as a voluntary option, employee-disputant access to external third-party certified mediators; and (2) participate in mediation in specified circumstances. Prescribes mediation guidelines. States that attorneys and consultants are legally obligated to advise their clients of the mediation alternative and their obligations to participate in \"good faith\"."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Emergency Management Agency Restoration Act''. SEC. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY. (a) Independent Establishment.--The Federal Emergency Management Agency shall be a cabinet-level independent establishment in the executive branch that is responsible for emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies. (b) Director.-- (1) In general.--The Agency shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report directly to the President. The Director of the Federal Emergency Management Agency shall be compensated at the rate provided for at level I of the Executive Schedule under section 5312 of title 5, United States Code. (2) Qualification.--The Director shall be appointed from among persons who have extensive experience in emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies. (3) Term of office.--The term of office of an individual appointed as the Director shall be 5 years. Such individual may be appointed in accordance with paragraph (1) for an additional term of 5 years. (4) Conforming amendment.--Section 5312 of title 5, United States Code, is amended by adding at the end the following: ``Director of the Federal Emergency Management Agency.''. (c) Deputy Director.-- (1) In general.--The Federal Emergency Management Agency shall have one deputy director appointed in the competitive service by the Director. (2) Qualifications.--The Deputy Director shall be appointed from among persons who have extensive experience in emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies. (3) Duties.--The Deputy Director shall-- (A) carry out duties and powers prescribed by the Director; (B) serve as a liaison to the Department of Homeland Security in the event of an act of terrorism; and (C) act for the Director when the Director is absent or unable to serve or when the position of the Director is vacant. (d) Limitations on Definition of Emergency Preparedness.--For purposes of this Act, the term ``emergency preparedness'' does not include law enforcement efforts to prevent or deter acts of terrorism, protect critical infrastructure, and conduct intelligence activities. SEC. 3. TRANSFER OF FUNCTIONS. (a) In General.--There shall be transferred to the Director of the Federal Emergency Management Agency the functions, personnel, assets, and liabilities of the Department of Homeland Security relating to the Federal Emergency Management Agency, including the functions of the Department under paragraphs (3) and (8) of section 430(c) and sections 502 (other than paragraph (2)) and 503(1) of the Homeland Security Act of 2002 (6 U.S.C. 238(c), 312, 313) and other functions of the Preparedness Directorate of the Department (other than those functions relating to law enforcement efforts to prevent and deter acts of terrorism, protect critical infrastructure, and conduct intelligence activities), the functions relating to firefighter assistance grants under the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 et seq.), and the functions relating to the Federal Emergency Management Agency under any other law, including those functions relating to emergency management performance grants, under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 et seq.), the National Dam Safety Program Act (33 U.S.C. 467 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.). (b) Transition Period.--The transfers under this section shall be carried out as soon as practicable after the date of enactment of this Act, but not later than the 120th day following the date of enactment of this Act. During the transition period, the Secretary of Homeland Security shall provide to the Director of the Federal Emergency Management Agency such assistance, including the use of personnel and assets, as the Director may request in preparing for the transfer. SEC. 4. SAVINGS PROVISIONS. (a) Personnel Provisions.-- (1) Appointments.--The Director of the Federal Emergency Management Agency may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under section 3. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (2) Experts and consultants.--The Director may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including traveltime) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Director may pay experts and consultants who are serving away from their homes or regular place of business, travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently. (b) Delegation and Assignment.--Except where otherwise expressly prohibited by law or otherwise provided by this Act, the Director may delegate any of the functions transferred to the Director by section 3 and any function transferred or granted to the Director after the date of the transfers by section 3 to such officers and employees of the Federal Emergency Management Agency as the Director may designate and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Director under this subsection or under any other provision of this Act shall relieve the Director of responsibility for the administration of such functions. (c) Reorganization.--The Director is authorized to allocate or reallocate any function transferred under section 3 among the officers of the Federal Emergency Management Agency, and to establish, consolidate, alter, or discontinue such organizational entities in the Federal Emergency Management Agency as may be necessary or appropriate if the Director, on or before the 30th day preceding the date of the allocation or reallocation, provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate written notice of the allocation or reallocation. (d) Rules.--The Director is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Director determines necessary or appropriate to administer and manage the functions of the Federal Emergency Management Agency. (e) Transfer and Allocations of Appropriations and Personnel.-- Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by section 3, subject to section 1531 of title 31, United States Code, shall be transferred to the Federal Emergency Management Agency. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. (f) Incidental Transfers.--The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by section 3, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. (g) Effect on Personnel.-- (1) In general.--Except as otherwise provided by this section, the transfer pursuant to this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under this section. (2) Executive schedule positions.--Except as otherwise provided in this section, any person who, on the day preceding the date of the transfers of functions under section 3, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Federal Emergency Management Agency to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. (h) Savings Provisions.-- (1) Continuing effect of legal documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (A) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under section 3, and (B) which are in effect on the date of the transfers of functions under section 3, or were final before such date and are to become effective on or after such date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the Federal Emergency Management Agency or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Proceedings not affected.--The provisions of this section and section 3 shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Federal Emergency Management Agency on the date of the transfers of functions under section 3, with respect to functions transferred by section 3 but such proceedings and applications shall continue. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section and section 3 had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section and section 3 had not been enacted. (3) Suits not affected.--The provisions of this section and section 3 shall not affect suits commenced before the date of the transfers of functions under section 3, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section and section 3 had not been enacted. (4) Nonabatement of actions.--No suit, action, or other proceeding commenced by or against the Federal Emergency Management Agency, or by or against any individual in the official capacity of such individual as an officer of the Federal Emergency Management Agency, shall abate by reason of the enactment of this section or section 3. (5) Administrative actions relating to promulgation of regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Federal Emergency Management Agency relating to a function transferred under section 3 may be continued by the Federal Emergency Management Agency with the same effect as if this section and section 3 had not been enacted. (i) References.--Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department, agency, or office from which a function is transferred by section 3-- (1) to the head of such department, agency, or office is deemed to refer to the head of the department, agency, or office to which such function is transferred; or (2) to such department, agency, or office is deemed to refer to the department, agency, or office to which such function is transferred. (j) Repeals.--The following provisions of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) are repealed: (1) Section 503(1). (2) Section 507.", "summary": "Federal Emergency Management Agency Restoration Act - Establishes the Federal Emergency Management Agency (FEMA) as a cabinet-level independent establishment in the executive branch that is responsible for emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies. Requires the FEMA Director to be appointed by the President, by and with the advice and consent of the Senate, from among persons who have extensive experience in emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Federal Pell Grant Plus Act''. SEC. 2. RECIPIENTS OF FEDERAL PELL GRANTS WHO ARE PURSUING PROGRAMS OF STUDY IN ENGINEERING, MATHEMATICS, SCIENCE, OR FOREIGN LANGUAGES. Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)) is amended by adding at the end the following: ``(C)(i) Notwithstanding subparagraph (A) and subject to clause (iii), in the case of a student who is eligible under this part and who is pursuing a degree with a major in, or a certificate or program of study relating to, engineering, mathematics, science (such as physics, chemistry, or computer science), or a foreign language, described in a list developed or updated under clause (ii), the amount of the Federal Pell Grant shall be the amount calculated for the student under subparagraph (A) for the academic year involved, multiplied by 2. ``(ii)(I) The Secretary, in consultation with the Secretary of Defense, the Secretary of the Department of Homeland Security, and the Director of the National Science Foundation, shall develop, update not less than once every 2 years, and publish in the Federal Register, a list of engineering, mathematics, and science degrees, majors, certificates, or programs that if pursued by a student, may enable the student to receive the increased Federal Pell Grant amount under clause (i). In developing and updating the list the Secretaries and Director shall consider the following: ``(aa) The current engineering, mathematics, and science needs of the United States with respect to national security, homeland security, and economic security. ``(bb) Whether institutions of higher education in the United States are currently producing enough graduates with degrees to meet the national security, homeland security, and economic security needs of the United States. ``(cc) The future expected workforce needs of the United States required to help ensure the Nation's national security, homeland security, and economic security. ``(dd) Whether institutions of higher education in the United States are expected to produce enough graduates with degrees to meet the future national security, homeland security, and economic security needs of the United States. ``(II) The Secretary, in consultation with the Secretary of Defense, the Secretary of the Department of Homeland Security, and the Secretary of State, shall develop, update not less than once every 2 years, and publish in the Federal Register, a list of foreign language degrees, majors, certificates, or programs that if pursued by a student, may enable the student to receive the increased Federal Pell Grant amount under clause (i). In developing and updating the list the Secretaries shall consider the following: ``(aa) The foreign language needs of the United States with respect to national security, homeland security, and economic security. ``(bb) Whether institutions of higher education in the United States are currently producing enough graduates with degrees to meet the national security, homeland security, and economic security needs of the United States. ``(cc) The future expected workforce needs of the United States required to help ensure the Nation's national security, homeland security, and economic security. ``(dd) Whether institutions of higher education in the United States are expected to produce enough graduates with degrees to meet the future national security, homeland security, and economic security needs of the United States. ``(iii) Each student who received an increased Federal Pell Grant amount under clause (i) to pursue a degree, major, certificate, or program described in a list published under subclause (I) or (II) of clause (ii) shall continue to be eligible for the increased Federal Pell Grant amount in subsequent academic years if the degree, major, certificate, or program, respectively, is subsequently removed from the list. ``(iv)(I) If a student who received an increased Federal Pell Grant amount under clause (i) changes the student's course of study to a degree, major, certificate, or program that is not included in a list described in clause (ii), then the Secretary shall reduce the amount of Federal Pell Grant assistance the student is eligible to receive under this section for subsequent academic years by an amount equal to the difference between the total amount the student received under this subparagraph and the total amount the student would have received under this section if this subparagraph had not been applied. ``(II) The Secretary shall reduce the amount of Federal Pell Grant assistance the student is eligible to receive in subsequent academic years by dividing the total amount to be reduced under subclause (I) for the student by the number of years the student received an increased Federal Pell Grant amount under clause (i), and deducting the result from the amount of Federal Pell Grant assistance the student is eligible to receive under this section for a number of subsequent academic years equal to the number of academic years the student received an increased Federal Pell Grant amount under clause (i).''.", "summary": "21st Century Federal Pell Grant Plus Act - Amends the Higher Education Act of 1965 to establish a Federal Pell Grant Plus program that increases, to double the amount calculated for the student, the Federal Pell Grant for those students who pursue programs of study in engineering, mathematics, science, or foreign languages."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Construction Consensus Procurement Improvement Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Congressional findings. Sec. 3. Design-build construction process improvement. Sec. 4. Prohibition on the use of a reverse auction for the award of a contract for design and construction services. SEC. 2. CONGRESSIONAL FINDINGS. Congress makes the following findings: (1) The acquisition procedures that are often used effectively to procure products and other forms of services are not always appropriate for procurement of design and construction services. (2) Federal procurement officials often adopt contracting techniques from the private sector and have used those techniques effectively to procure products and services. (3) Design-build is a procurement technique Federal officials have adopted from the private sector that has worked well for procurement of design and construction services. (4) The current statutory framework for design-build could benefit from legislative refinement. (5) Reverse auctions are another procurement technique Federal officials have adopted from the private sector and used successfully to award contracts for the purchase of products that are commercially equivalent to commodities. (6) Despite their success in other contexts, reverse auctions are generally inappropriate for procurement of design and construction services, given the unique nature of each such project. SEC. 3. DESIGN-BUILD CONSTRUCTION PROCESS IMPROVEMENT. (a) Civilian Contracts.-- (1) In general.--Section 3309(b) of title 41, United States Code, is amended to read as follows: ``(b) Criteria for Use.-- ``(1) Contracts with a value of at least $750,000 $3,000,000.--Two-phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work when a contracting officer determines that the project has a value of $750,000 $3,000,000 or greater, as adjusted for inflation in accordance with section 1908 of this title. ``(2) Contracts with a value less than $750,000 $3,000,000.--For projects that a contracting officer determines have a value of less than $750,000 $3,000,000, the contracting officer shall make a determination whether two-phase selection procedures are appropriate for use for entering into a contract for the design and construction of a public building, facility, or work when-- ``(A) the contracting officer anticipates that 3 or more offers will be received for the contract; ``(B) design work must be performed before an offeror can develop a price or cost proposal for the contract; ``(C) the offeror will incur a substantial amount of expense in preparing the offer; and ``(D) the contracting officer has considered information such as-- ``(i) the extent to which the project requirements have been adequately defined; ``(ii) the time constraints for delivery of the project; ``(iii) the capability and experience of potential contractors; ``(iv) the suitability of the project for use of the two-phase selection procedures; ``(v) the capability of the agency to manage the two-phase selection process; and ``(vi) other criteria established by the agency.''. (2) Annual reports.-- (A) In general.--Not later than November 30 of 2017, 2018, 2019, 2020, and 2021, the head of each agency shall compile an annual report of each instance in which the agency awarded a design-build contract pursuant to section 3309 of title 41, United States Code, during the fiscal year ending in such calendar year, in which-- (i) more than 5 finalists were selected for phase-two requests for proposals; or (ii) the contract or order was awarded without using two-phase selection procedures. (B) Public availability.--The Director of the Office of Management and Budget shall facilitate public access to the reports, including by posting them on a publicly available Internet website. A notice of the availability of each report shall be published in the Federal Register. (b) GAO Reports.--Not later than 270 days after the deadline for the final reports required under subsection (f) of section 3309 of title 41, United States Code, as added by subsection (a)(1), the Comptroller General of the United States shall issue a report analyzing the compliance of the various Federal agencies with the requirements of such section. SEC. 4. PROHIBITION ON THE USE OF A REVERSE AUCTION FOR THE AWARD OF A CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES. (a) Finding.--Congress finds that, in contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction. (b) Prohibition.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council, in consultation with the Administrator for Federal Procurement Policy, shall amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services. (c) Definitions.--For purposes of this section-- (1) the term ``design and construction services'' means-- (A) site planning and landscape design; (B) architectural and engineering services (including surveying and mapping defined in section 1101 of title 40, United States Code); (C) interior design; (D) performance of substantial construction work for facility, infrastructure, and environmental restoration projects; (E) delivery and supply of construction materials to construction sites; or (F) construction or substantial alteration of public buildings or public works; and (2) the term ``reverse auction'' means, with respect to procurement by an agency-- (A) a real-time auction conducted through an electronic medium among 2 or more offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids at any time before the closing of the auction; and (B) the award of the contract, delivery order, task order, or purchase order to the offeror, in whole or in part, based on the price obtained through the auction process.", "summary": "Construction Consensus Procurement Improvement Act of 2016 (Sec. 3) This bill modifies the design-build selection procedures used by federal agencies soliciting offers to enter into civilian contracts for the design and construction of a public building, facility, or work. Two-phase selection procedures (i.e., submission of qualifications and then the submission of price and technical proposals in response to a request for proposal) must be used when a contracting officer determines that a project has a value of $3 million or greater. But for contracts valued at less than $3 million, the contracting officer makes the same determination under current law as to whether the use of two-phase selection procedures is appropriate when the officer anticipates at least three offers for the contract. Federal agencies must report, each year through FY2021, on each instance where the agency awarded a design-build contract in which: (1) more than five finalists were selected for phase-two requests for proposals, or (2) the contract or order was awarded without using two-phase selection procedures. The Government Accountability Office must report on agency compliance with design-build contract procedures. (Sec. 4) The Federal Acquisition Regulatory Council must amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services. A \"reverse auction,\" with respect to procurement by an agency, is: (1) a real-time auction conducted through an electronic medium among at least two offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids before the closing of the auction; and (2) the award of the contract, delivery order, task order, or purchase order to the offeror based on the price obtained through the auction process."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Occupational Safety and Health Amendments of 1995''. SEC. 2. EMPLOYEE PARTICIPATION. Section 4 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653) is amended by adding at the end the following new subsection: ``(c) In order to carry out the purpose of this Act to encourage employers and employees in their efforts to reduce the number of occupational safety and health hazards, an employee participation committee-- ``(1) in which employees participate; ``(2) which exists for the purpose, in whole or in part, of dealing with employees concerning-- ``(A) safe and healthful working conditions; or ``(B) any other related matters; and ``(3) which does not have, claim, or seek authority to negotiate or enter into collective bargaining agreements with the employer or to amend existing collective bargaining agreements between the employer and any labor organization, shall not constitute a `labor organization' for purposes of section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) or a representative for purposes of sections 1 and 2 of the Railway Labor Act (45 U.S.C. 151 and 151a).''. SEC. 3. RISK ASSESSMENT IN STANDARDS MAKING. (a) Priority for Establishing Standards.--Section 6(g) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(g)) is amended-- (1) by striking ``(g) In'' and inserting ``(g)(1) In''; and (2) by adding at the end the following new paragraph: ``(2) In determining the priority for establishing standards relating to toxic materials or harmful physical agents, the Secretary shall consider the number of workers exposed to such materials or agents, the nature and severity of potential impairment, and the likelihood of such impairment.''. (b) Risk Assessments for Final Standard.--Section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) is amended by adding at the end the following new subsection: ``(h)(1) Notwithstanding any other provision of this Act, in promulgating any final occupational safety and health regulation or standard, the Secretary shall publish in the Federal Register-- ``(A) an estimate, calculated with as much specificity as practicable, of the risk to the health and safety of employees addressed by such regulation or standard, the affect of such regulation or standard on human health or the environment, and the costs associated with the implementation of, and compliance with, such regulation or standard; ``(B) a comparative analysis of the risk addressed by such regulation or standard relative to other risks to which employees are exposed; and ``(C) a certification that-- ``(i) the estimate under subparagraph (A) and the analysis under subparagraph (B) are-- ``(I) based upon a scientific evaluation of the risk to the health and safety of employees and to human health or the environment; and ``(II) supported by the best available scientific data; ``(ii) such regulation or standard will substantially advance the purpose of protecting employee health and safety or the environment against the specified identified risk; and ``(iii) such regulation or standard will produce benefits to employee health and safety or the environment that will justify the cost to the Federal Government and the public of the implementation of and compliance with such regulation or standard. ``(2) If the Secretary cannot make the certification required under paragraph (1)(C), the Secretary shall-- ``(A) notify the Congress concerning the reasons why such certification cannot be made; and ``(B) publish a statement of such reasons with the final regulation or standard. ``(3) Nothing in this subsection shall be construed to grant a cause of action to any person.''. SEC. 4. CONSULTATION SERVICES. Section 21(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 671(c)) is amended-- (1) by striking ``(c) The'' and inserting ``(c)(1) The''; and (2) by adding at the end the following new paragraph: ``(2)(A) The Secretary shall, through the authority granted under section 7(c) and paragraph (1), enter into cooperative agreements with States for the provision of consultation services by such States to employers concerning the provision of safe and healthful working conditions. A State that has a plan approved under section 18 shall be eligible to enter into a cooperative agreement under this paragraph only if such plan does not include provisions for federally funded consultation to employers. ``(B)(i) Except as provided in clause (ii), the Secretary shall reimburse a State that enters into a cooperative agreement under subparagraph (A) in an amount that equals 90 percent of the costs incurred by the State under such agreement. ``(ii) A State shall be fully reimbursed by the Secretary for-- ``(I) training approved by the Secretary for State staff operating under a cooperative agreement; and ``(II) specified out-of-State travel expenses incurred by such staff. ``(iii) A reimbursement paid to a State under this subparagraph shall be limited to costs incurred by such State for the provision of consultation services under this paragraph and the costs described in clause (ii).''. SEC. 5. REDUCED PENALTIES FOR NONSERIOUS VIOLATIONS. Section 17 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666) is amended-- (1) in subsection (c), by striking ``up to $7,000'' and inserting ``not more than $25''; (2) in subsection (i), to read as follows: ``(i) Any employer who violates any of the posting or recordkeeping requirements prescribed under this Act shall not be assessed a civil penalty for such violation unless it is determined that the employer has violated subsection (a) or (d) with respect to such posting or recordkeeping requirements.''; and (3) in subsection (h), to read as follows: ``(h) Notwithstanding any other provision of law, the Secretary shall not assess a civil penalty, which is authorized under this section, for more than one instance of a violation of any applicable regulation, rule, order, or regulation prescribed under the provisions of this Act.''. SEC. 6. WARNINGS IN LIEU OF CITATIONS. Subsection (a) of section 9 of the Occupational Safety and Health Act (29 U.S.C. 658(a)) is amended to read as follows: ``(a)(1) Except as provided in paragraph (2), if, upon inspection or investigation, the Secretary or an authorized representative of the Secretary believes that an employer has violated a requirement of section 5, of any regulation, rule, or order promulgated pursuant to section 6, or of any regulations prescribed pursuant to this Act, the Secretary may with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the Act, regulation, rule, or order alleged to have been violated. The citation shall fix a reasonable time for the abatement of the violation. ``(2) The Secretary or the authorized representative of the Secretary shall issue a warning in lieu of a citation with respect to-- ``(A) violations that have no significant relationship to employee safety or health; or ``(B) cases in which the employer in good faith acts promptly to abate the violation. ``(3) Nothing in this Act shall prohibit the Secretary or the authorized representative of the Secretary from providing technical assistance to an employer in correcting a violation discovered during an inspection or investigation under this Act.''.", "summary": "Occupational Safety and Health Amendments of 1995 - Amends the Occupational Safety and Health Act of 1970 to provide that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. (Sec. 3) Provides for risk assessment in standards making. Directs the Secretary of Labor to consider the number of workers exposed to the toxic material or harmful physical agent, the nature and severity of the potential impairment, and its likelihood, in determining the priority for establishing standards dealing with such materials or agents. Requires publication of risk assessments for final standards and certification that such standards justify their costs or publication of reasons why such certification cannot be made. (Sec. 4) Directs the Secretary to enter into cooperative agreements with States for the provision of consultation services by such States to employers concerning the provision of safe and healthful working conditions. (Sec. 5) Reduces penalties for nonserious violations. (Sec. 6) Provides for warnings in lieu of citations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Employment Transition Support Act of 2005'' or the ``VETS Act of 2005''. SEC. 2. CREDIT FOR EMPLOYERS HIRING MILITARY SERVICE PERSONNEL WHO SERVED IN A COMBAT ZONE OR A HAZARDOUS DUTY AREA. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45J. CREDIT FOR EMPLOYERS HIRING MILITARY SERVICE PERSONNEL WHO SERVED IN A COMBAT ZONE OR A HAZARDOUS DUTY AREA. ``(a) General Rule.--For purposes of section 38, the military service personnel employment credit for the taxable year shall be equal to-- ``(1) except as provided in paragraph (2), 40 percent of the qualified first-year wages for such year, and ``(2) in the case of a disabled qualified veteran, the applicable percentage of the qualified first-year wages for such year. ``(b) Qualified Wages.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means the wages paid or incurred by the employer during the taxable year to individuals who are qualified veterans. ``(2) Qualified first-year wages.--The term `qualified first-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1- year period beginning with the day the individual begins work for the employer. ``(3) Wages.--The term `wages' has the meaning given such term by section 51(c), without regard to paragraph (4) thereof. ``(c) Qualified Veteran; Hiring Date.--For purposes of this section-- ``(1) In general.--The term `qualified veteran' means any individual who is certified by the designated local agency (as defined in section 51(d)(11))-- ``(A) as being a veteran (as defined in section 51(d)(3)(B)) who performed services in an area designated by the President for purposes of this section as a combat zone or as a hazardous duty area, and ``(B) as having been honorably discharged from active duty in the Armed Forces of the United States. ``(2) Hiring date.--The term `hiring date' has the meaning given such term by section 51(d). ``(d) Disabled Qualified Veteran; Applicable Percentage.-- ``(1) In general.--The term `disabled qualified veteran' means any qualified veteran who is certified by the designated local agency (as so defined) as having a disability that has been determined under the laws administered by the Secretary of Veterans Affairs to be service-connected and that is rated by such Secretary (as of the date of the certification) as 10 percent or more disabling. ``(2) Applicable percentage.--The term `applicable percentage' means the percentage determined in accordance with the following table: ``Percentage of disability: Applicable percentage: At least 10 but not over 20....... 41 At least 20 but not over 30....... 42 At least 30 but not over 40....... 43 At least 40 but not over 50....... 44 At least 50 but not over 60....... 45 At least 60 but not over 70....... 46 At least 70 but not over 80....... 47 At least 80 but not over 90....... 48 At least 90 but not over 100...... 49 100 percent....................... 50 ``(e) Certain Rules to Apply.--Rules similar to the rules of section 52, and subsections (d)(11), (f), (g), (i) (as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997), (j), and (k) of section 51, shall apply for purposes of this section.''. (b) Credit to Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the military service personnel employment credit determined under section 45J(a).''. (c) Technical Amendments.-- (1) Clause (iii) of section 41(b)(2)(D) of such Code is amended to read as follows: ``(iii) Exclusion for wages to which employment credits apply.--The term `wages' shall not include any amount taken into account in determining the credit under section 45J(a) or 51(a).''. (2) Subparagraph (B) of section 45A(b)(1) of such Code is amended to read as follows: ``(B) Coordination with other employment credits.-- The term `qualified wages' shall not include wages attributable to service rendered during the 1-year period beginning with the day the individual begins work for the employer if any portion of such wages is taken into account in determining the credit under section 45J or 51.''. (3) Subsection (a) of section 280C of such Code is amended by inserting ``45J(a),'' after ``45A(a),''. (4) Paragraph (3) of section 1396(c) of such Code is amended to read as follows: ``(3) Coordination with other employment credits.-- ``(A) In general.--The term `qualified wages' shall not include wages taken into account in determining the credit under section 45J or 51. ``(B) Coordination with paragraph (2).--The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credits under sections 45J and 51.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45J. Credit for employers hiring military service personnel who served in a combat zone or a hazardous duty area.''. (e) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.", "summary": "Veterans' Employment Transition Support Act of 2005 or the VETS Act of 2005 - Amends the Internal Revenue Code to allow employers a general business tax credit for hiring veterans who served in a combat zone or a hazardous duty area and were honorably discharged from active duty. Sets the amount of such credit at 40 percent of the first-year wages of such veterans and increases the percentage of such credit for disabled veterans based upon their disability ratings."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Mariner and Vessel Protection Act of 2009''. SEC. 2. PURPOSE. The purpose of the Act is to assist in the defense of United States-flag vessels against piracy and to ensure the traditional right of self-defense of those vessels against piracy. SEC. 3. USE OF MARITIME SAFETY AND SECURITY TEAMS TO DEFEND UNITED STATES-FLAG VESSELS IN INTERNATIONAL WATERS. Section 70106 of title 46, United States Code, is amended by adding at the end the following: ``(d) International Deployment.-- ``(1) In general.--In addition to authorities provided under this section, the Commandant of the Coast Guard may deploy a maritime safety and security team on a temporary basis, not to exceed six months, to deter, protect against, and rapidly respond to acts of piracy against vessels (as defined in section 70122) in international waters. ``(2) Notification of congress.--The Commandant shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 10 days after the deployment of a maritime safety and security team authorized under this subsection.''. SEC. 4. AUTHORITY TO USE FORCE. (a) In General.--Chapter 701 of title 46, United States Code, is amended by adding at the end the following new section: ``Sec. 70122. Authority to use force ``(a) In General.--The Secretary shall issue regulations establishing standards and circumstances under which an individual is authorized to use force (including lethal force) against an individual in the defense of a vessel against piracy. ``(b) Limitation on Liability.-- ``(1) Liability of owners, operators and masters.--An owner, operator, time charterer, or master of vessel shall not be liable for damages in any action brought in a Federal or State court arising out of the use of force authorized under regulations under subsection (a), including the use of or failure to use a firearm so authorized. ``(2) Liability of an individual.--An individual shall not be liable for damages in any action brought in a Federal or State court arising out of use of force authorized under regulations under subsection (a) by that individual unless the individual is grossly negligent or engages in willful misconduct. ``(3) Liability of federal government.--For purposes of an action against the United States with respect to an act or omission arising out of a use of force authorized under regulations under subsection (a), an individual shall be treated as an employee of the Federal Government under chapter 171 of title 28, relating to tort claims procedure. ``(4) Limitation on application.--The limitations on liability described in paragraphs (1), (2), and (3) apply only if the individual who uses force authorized under regulations under subsection (a)-- ``(A) holds a license issued under section 7101 or a merchant mariner document issued under section 7301; and ``(B) in a case in which the use of force included the use of a firearm, has completed training certified by the Coast Guard for use of firearms aboard vessels. ``(c) Vessel Defined.--For purposes of this section, the term `vessel' means a vessel for which the Secretary has issued a certificate of inspection under section 3309 and that is operating in waters designated by the Secretary as high-risk waters.''. (b) Clerical Amendment.--The analysis at the beginning of such chapter is amended by adding at the end the following new item: ``70122. Authority to use force.''. (c) Deadlines.--The Secretary of the department in which the Coast Guard is operating shall-- (1) no later than 3 months after the date of enactment of this Act, issue regulations under section 70122(a) of title 46, United States Code, as amended by this section; and (2) in consultation with the Secretary of Defense and no later than 6 months after the date of enactment of this Act, issue regulations to certify, for purposes of section 70122(b)(4)(B) of such title, courses to train on a recurrent basis individuals who hold a license issued under section 7101 or a merchant mariner document issued under section 7301 in the use of firearms aboard vessels. SEC. 5. AGREEMENTS. To carry out the purpose of this Act, the Secretary of the department in which the Coast Guard is operating shall work through the International Maritime Organization to establish agreements to promote coordinated action among flag and port states to deter, protect against, and rapidly respond to acts of piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those established by section 70122 of title 46, United States Code, as amended by this Act.", "summary": "United States Mariner and Vessel Protection Act of 2009 - Authorizes the Coast Guard's Commandant to deploy a maritime safety and security team for up to six months to deter, protect against, and rapidly respond to acts of piracy against vessels in international waters. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations establishing standards and circumstances under which an individual is authorized to use force (including lethal force) against an individual in the defense of a vessel against piracy. Limits the liability of the individuals, the federal government, and owners, operators, and masters of vessels in actions arising out of a use of force authorized under the regulations. Directs the Secretary to work through the International Maritime Organization (IMO) to establish agreements to promote coordinated action among flag and port states to deter, protect against, and rapidly respond to acts of piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Inspector General Act Amendments of 2001''. SEC. 2. PROHIBITION OF CASH BONUS OR AWARDS. Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(e) An Inspector General (as defined under section 8G(a)(6) or 11(3)) may not receive any cash award or cash bonus, including any cash award under chapter 45 of title 5, United States Code.''. SEC. 3. EXTERNAL REVIEWS. (a) In General.--Section 4 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(e)(1)(A) Not less than every 3 years an external review shall be conducted of each Office (as defined under section 8G(a)(5) or 11(4)). ``(B) The Inspector General of each Office as defined under section 8G(a)(5) or 11(4) shall arrange with the General Accounting Office or an appropriate private entity for the conduct of the review. ``(C) If an Inspector General contracts with a private entity for a review under this subsection, the private entity shall be contracted in accordance with section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253). ``(2) At a minimum, an external review under this subsection shall evaluate whether the Office properly manages and controls-- ``(A) contracts awarded by the Office, including a determination of whether-- ``(i) procedures used to procure contracts are in accordance with applicable laws and regulations; and ``(ii) costs incurred are reasonable and allowable under the terms of each contract; ``(B) appropriated funds, including a determination of whether training and travel funds are expended in accordance with applicable laws and regulations; and ``(C) personnel actions, including a determination of whether hiring and promotion practices used and performance awards issued are in accordance with applicable laws and regulations. ``(3) Not later than 30 calendar days after the completion of an external review, a report of the results shall be submitted to the head of the establishment and simultaneously to the appropriate committees or subcommittees of the Congress.''. (b) Technical and Conforming Amendment.--The section heading for section 4 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows: ``duties and responsibilities; report of criminal violations to attorney general; external reviews''. SEC. 4. ANNUAL REPORTS. (a) In General.--Section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by striking the first sentence and inserting ``Each Inspector General shall, not later than October 31 of each year, prepare an annual report summarizing the activities and accomplishments of the Office during the immediately preceding 12-month period ending September 30.''; (2) by striking paragraphs (1) through (12) and inserting the following: ``(1) a summary of the program areas within the establishment identified by the Inspector General as high risk because of vulnerabilities to waste, fraud, abuse, and mismanagement; ``(2) a description of the most significant audits, investigations (administrative, civil, and criminal), and evaluations and inspections completed during the reporting period; ``(3) a summary of each report made to the head of the establishment under section 6(b)(2) during the reporting period; ``(4) a table showing-- ``(A)(i) the total number of final audit reports issued by the Office of Inspector General; and ``(ii) the financial benefits associated with the reports segregated by category, such as budget reductions, costs avoided, questioned costs, and revenue enhancements; and ``(B) corrective actions taken and program improvements made during the reporting period in response to either an Office of Inspector General audit finding or recommendation (excluding any recommendation included under subparagraph (A) with respect to such corrective actions); ``(5) a table showing-- ``(A) the judicial and administrative actions associated with investigations conducted by the Office of Inspector General; ``(B) the number of-- ``(i) cases referred for criminal prosecution, civil remedies, or administrative actions; ``(ii) cases presented but declined for prosecution, segregated by criminal and civil; ``(iii) cases accepted for prosecution (both Federal and State), segregated by criminal and civil; ``(iv) defendants indicted; ``(v) defendants convicted; ``(vi) defendants acquitted or charges dismissed after indictment; ``(vii) defendants sentenced to terms of imprisonment; ``(viii) defendants sentenced to terms of probation; and ``(ix) suspensions, disbarments, exclusions, sanctions, or some other similar administrative action; and ``(C) the total amount of fines, restitutions, and recoveries; ``(6) a description of the organization and management structure of the Office of Inspector General, including-- ``(A) an organization chart showing the major components of the Office; ``(B) a statistical table showing the number of authorized full-time equivalent positions segregated by component and by headquarters and field office; and ``(C) the amount of funding received in prior and current fiscal years; ``(7) a table showing-- ``(A) the number of contracts, and associated dollar value, awarded on a noncompetitive basis by the Office of Inspector General; and ``(B) with respect to any individual contract valued over $100,000, awarded on a noncompetitive basis-- ``(i) the name of the contractor; ``(ii) statement of work; ``(iii) the time period of the contract; and ``(iv) the dollar amount of the contract; ``(8)(A) a summary of each audit report issued in previous reporting periods for which no management decision has been made by the end of the reporting period (including the date and title of each such report); ``(B) an explanation of the reasons such management decision has not been made; and ``(C) a statement concerning the desired timetable for achieving a management decision on each such report;''; (3) by redesignating paragraph (13) as paragraph (9); (4) in paragraph (9) (as redesignated by paragraph (3) of this subsection)-- (A) by striking ``section 05(b)'' and inserting ``section 804(b)''; and (B) by striking the period and inserting ``; and''; and (5) by adding at the end the following new paragraph: ``(10) any other information that the Inspector General determines appropriate to include in the annual report.''. (b) Semiannual Reports.--Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f)(1) Subject to paragraph (4), in addition to any annual report required to be furnished and transmitted under subsection (b), an Inspector General shall prepare and submit a report described under paragraph (2) to-- ``(A) the applicable congressional committee, if the chairman or ranking member of a congressional committee with appropriate jurisdiction submits a written request to such Inspector General; or ``(B) to the Comptroller General of the United States if the Comptroller General submits a written request to such Inspector General. ``(2) A report referred to under paragraph (1) shall-- ``(A) contain the information required for an annual report under subsection (a); and ``(B) summarize the activities of the Office during the 6- month period ending on March 31 of the calendar year following the date on which the request is made. ``(3) A report under this subsection shall be submitted on April 30 of the calendar year following the date on which the request is made. ``(4) An Inspector General shall not be required to submit a report under this subsection if the written request for such report is submitted to the Inspector General after November 30 of the calendar year preceding the date on which the report is otherwise required to be submitted to a congressional committee or the Comptroller General.''. (c) Submission of Other Reports.--Nothing in the amendments made by this section shall be construed to limit an Inspector General from submitting any report containing in whole or part information required in an annual or semiannual report furnished and transmitted under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) to the Congress more frequently than on an annual or semiannual basis. (d) Technical and Conforming Amendments.-- (1) Section 4(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``semiannual'' and inserting ``annual''. (2) Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) in subsection (b)-- (i) by striking ``Semiannual'' and inserting ``Annual''; and (ii) by striking ``April 30 and''; and (B) in subsection (c)-- (i) in the first sentence by striking ``semiannual'' and inserting ``annual''; and (ii) in the second sentence by striking ``semiannual'' and inserting ``annual''. (3) Section 8(f) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``semiannual'' and inserting ``annual''. SEC. 5. INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE SCHEDULE. (a) Level IV Positions.--Section 5315 of title 5, United States Code, is amended by striking each item relating to the following positions: (1) Inspector General, Department of Education. (2) Inspector General, Department of Energy. (3) Inspector General, Department of Health and Human Services. (4) Inspector General, Department of Agriculture. (5) Inspector General, Department of Housing and Urban Development. (6) Inspector General, Department of Labor. (7) Inspector General, Department of Transportation. (8) Inspector General, Department of Veterans Affairs. (9) Inspector General, Department of Defense. (10) Inspector General, United States Information Agency. (11) Inspector General, Department of State. (12) Inspector General, Department of Commerce. (13) Inspector General, Department of the Interior. (14) Inspector General, Department of Justice. (15) Inspector General, Department of the Treasury. (16) Inspector General, Agency for International Development. (17) Inspector General, Environmental Protection Agency. (18) Inspector General, Federal Emergency Management Agency. (19) Inspector General, General Services Administration. (20) Inspector General, National Aeronautics and Space Administration. (21) Inspector General, Nuclear Regulatory Commission. (22) Inspector General, Office of Personnel Management. (23) Inspector General, Railroad Retirement Board. (24) Inspector General, Small Business Administration. (25) Inspector General, Federal Deposit Insurance Corporation. (26) Inspector General, Resolution Trust Corporation. (27) Inspector General, Central Intelligence Agency. (28) Inspector General, Social Security Administration. (29) Inspector General, United States Postal Service. (b) Level III Positions.--Section 5314 of title 5, United States Code, is amended by adding at the end the following: ``Inspector General, Department of Education. ``Inspector General, Department of Energy. ``Inspector General, Department of Health and Human Services. ``Inspector General, Department of Agriculture. ``Inspector General, Department of Housing and Urban Development. ``Inspector General, Department of Labor. ``Inspector General, Department of Transportation. ``Inspector General, Department of Veterans Affairs. ``Inspector General, Department of Defense. ``Inspector General, Department of State. ``Inspector General, Department of Commerce. ``Inspector General, Department of the Interior. ``Inspector General, Department of Justice. ``Inspector General, Department of the Treasury. ``Inspector General, Agency for International Development. ``Inspector General, Corporation for Community and National Service. ``Inspector General, Environmental Protection Agency. ``Inspector General, Federal Emergency Management Agency. ``Inspector General, General Services Administration. ``Inspector General, National Aeronautics and Space Administration. ``Inspector General, Nuclear Regulatory Commission. ``Inspector General, Office of Personnel Management. ``Inspector General, Railroad Retirement Board. ``Inspector General, Small Business Administration. ``Inspector General, Federal Deposit Insurance Corporation. ``Inspector General, Central Intelligence Agency. ``Inspector General, Social Security Administration. ``Inspector General, United States Postal Service.''. (c) Savings Provision.--Nothing in this section shall have the effect of reducing the rate of pay of any individual serving as an Inspector General on the effective date of this section. SEC. 6. STUDY AND REPORT ON CONSOLIDATION OF INSPECTOR GENERAL OFFICES. (a) Study.--The Comptroller General of the United States shall-- (1) develop criteria for determining whether the consolidation of Federal Inspector General offices would be cost-efficient and in the public interest; and (2) conduct a study of Federal Inspector General offices using the criteria developed under paragraph (1) to determine whether any such offices should be consolidated. (b) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report to the Congress containing recommendations for any legislative action, based on the study conducted under subsection (a).", "summary": "Inspector General Act Amendments of 2001 - Amends the Inspector General Act of 1978 to prohibit the receipt of any cash award or cash bonus by an Inspector General.Provides for an external review of the Office of Inspector General (Office) for specified Federal agencies at least every three years by the General Accounting Office or a private entity.Changes the semiannual Office activities report to an annual report. Revises required elements of such reports.Sets forth new semiannual Office activities reporting requirements.Changes the rate of pay of specified Inspectors General from Level IV to Level III of the Executive Schedule.Requires the Comptroller General to: (1) develop criteria for determining whether the consolidation of Federal Inspector General offices would be cost-efficient and in the public interest; (2) study the offices using such criteria to determine whether any should be consolidated; and (3) report to Congress recommendations for legislative action based on the study."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Cat Public Safety Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) as of February 2016-- (A) the global illicit trade in wildlife is estimated to be worth up to $20,000,000,000 annually; and (B) the legal wildlife trade in the United States was estimated to have a value of $2,800,000,000 annually; (2) the illegal trade in prohibited wildlife species (as defined in section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371)) stimulates demand and expands markets in which prohibited wildlife species are sold illegally; (3) private possession, breeding, and sale of prohibited wildlife species have substantial and detrimental effects on-- (A) the health and general welfare of the people of the United States; and (B) the conservation of the prohibited wildlife species; (4) the private possession and breeding of prohibited wildlife species has a substantial and direct effect on interstate commerce because prohibited wildlife species are often-- (A) bred and possessed-- (i) for use in public exhibition; or (ii) for sale or transfer of ownership in the exotic pet trade; and (B) transported in interstate commerce for the activities described in subparagraph (A); (5) the private possession and breeding of prohibited wildlife species contributes to interstate trafficking in prohibited wildlife species and may contribute to the international illegal trade in prohibited wildlife species; (6) prohibited wildlife species in private possession and prohibited wildlife species that are subject to intrastate distribution are fungible commodities that cannot be differentiated, for purposes of control, from prohibited wildlife species that are subject to interstate distribution; (7) it is exceedingly difficult to distinguish between-- (A) prohibited wildlife species that have been possessed, bred, sold, or transported in interstate commerce; and (B) prohibited wildlife species that have not been possessed, bred, sold, or transported in interstate commerce; (8) Federal control of intrastate private possession and breeding of prohibited wildlife species is essential to the effective control of interstate trafficking in prohibited wildlife species; and (9) the United States is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), which was designed to protect species of wild fauna and flora from exploitation through international trade. SEC. 3. DEFINITIONS. (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended-- (1) by redesignating subsections (a) through (k) as subsections (b) through (l), respectively; and (2) by inserting before subsection (b) (as so redesignated) the following: ``(a) Breed.--The term `breed' means to intentionally or negligently-- ``(1) facilitate propagation or reproduction; or ``(2) fail to prevent propagation or reproduction.''. (b) Conforming Amendments.-- (1) Consolidated farm and rural development act.--Section 349(a)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and inserting ``section 2(b)''. (2) Lacey act amendments of 1981.-- (A) Section 3(e)(2)(C) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended-- (i) in clause (ii), by striking ``section 2(g)'' and inserting ``section 2(h)''; and (ii) in clause (iii), by striking ``section 2(g)'' and inserting ``section 2(h)''. (B) Section 7(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by striking ``section 2(f)(2)(A)'' and inserting ``section 2(g)(2)(A)''. SEC. 4. PROHIBITIONS. Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a) -- (A) in paragraph (2)-- (i) in subparagraph (A), by striking the semicolon at the end and inserting ``; or''; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by striking ``in paragraphs (1) through (3).'' and inserting ``in-- ``(A) paragraphs (1) through (3); or ``(B) subsection (e).''; (2) by striking subsection (e) and inserting the following: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person-- ``(A) to import, export, transport, sell, receive, acquire, or purchase a live animal of any prohibited wildlife species-- ``(i) in interstate or foreign commerce; or ``(ii) in a manner substantially affecting interstate or foreign commerce; or ``(B) to breed or possess a live animal of any prohibited wildlife species. ``(2) Limitation on application.--Paragraph (1) does not apply to any person that-- ``(A) is an institution accredited by the Association of Zoos and Aquariums; ``(B) is a facility that-- ``(i) has an active written contract with an Association of Zoos and Aquariums Species Survival Plan or Taxon Advisory Group for the breeding of prohibited wildlife species; and ``(ii) does not breed, acquire, or sell prohibited wildlife species other than the prohibited wildlife species covered by a contract described in clause (i); ``(C) is a State college, university, or agency, or State-licensed veterinarian; ``(D)(i) is a wildlife sanctuary that cares for prohibited wildlife species; ``(ii) is a corporation that-- ``(I) is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986; and ``(II) is described in sections 501(c)(3) and 170(b)(1)(A)(vi) of that Code; ``(iii) does not commercially trade in prohibited wildlife species, including offspring, parts, and byproducts of prohibited wildlife species; ``(iv) does not breed the prohibited wildlife species; ``(v) does not allow direct contact between the public and prohibited wildlife species; and ``(vi) does not allow the transportation and display of prohibited wildlife species off-site; ``(E) has custody of the prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the prohibited wildlife species; ``(F)(i) is in possession of a prohibited wildlife species that was born before the date of enactment of the Big Cat Public Safety Act of 2016; ``(ii) not later than 180 days after the date of enactment of the Big Cat Public Safety Act of 2016, is registered with the Animal and Plant Health Inspection Service; ``(iii) does not breed, acquire, or sell any prohibited wildlife species after the date of enactment of that Act; and ``(iv) does not allow direct contact between the public and prohibited wildlife species; or ``(G)(i) holds a valid Class C license under the Animal Welfare Act (7 U.S.C. 2131 et seq.); ``(ii) regularly travels across State lines to conduct circus performances featuring live prohibited wildlife species, clowns, and aerial acts; ``(iii) engaged in the travel and conduct described in clause (ii) before January 1, 2015; and ``(iv) does not allow direct contact between the public and prohibited wildlife species.''. SEC. 5. PENALTIES. (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended-- (1) by striking ``other than subsections (b), (d),'' and inserting ``other than subsections (b), (d), (e),''; and (2) by striking ``violates subsection (d)'' and inserting ``violates subsection (d), (e),''. (b) Criminal Penalties.--Section 4(d)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)(1)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``(e),'' after ``(d),''; and (B) by striking ``or'' after the comma at the end; (2) in subparagraph (B)-- (A) by inserting ``(e),'' after ``(d),''; and (B) by adding ``or'' after the comma at the end; and (3) by inserting after subparagraph (B) the following: ``(C) knowingly violates section 3(e),''; and (4) in the undesignated matter following subparagraph (C) (as added by paragraph (3))-- (A) by striking ``knowing that'' and all that follows through ``treaty or regulation,''; and (B) in the second sentence, by striking ``said fish or wildlife or plants'' and inserting ``fish or wildlife, plants, or prohibited wildlife species concerned''. SEC. 6. FORFEITURE OF PROHIBITED WILDLIFE SPECIES. Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)(1)) is amended-- (1) by striking ``or plants'' and inserting ``, plants, or prohibited wildlife species bred, possessed,''; (2) by striking ``of this Act (other than subsection 3(b))'' and inserting ``(other than subsection (b) of that section)''; and (3) by striking ``of this Act.'' and inserting a period. SEC. 7. ADMINISTRATION. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: ``(3) The Secretary, in consultation with other relevant Federal and State agencies, shall promulgate any regulations necessary to implement section 3(e).''. SEC. 8. TECHNICAL CORRECTION. Section 4(e), and subsections (a) and (b)(2) of section 8, of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(e), 3377) are amended by striking ``Fishery Conservation and Management Act of 1976'' each place it appears and inserting ``Magnuson-Stevens Fishery Conservation and Management Act''.", "summary": "Big Cat Public Safety Act of 2016 This bill amends the Lacey Act Amendments of 1981 to prohibit any person from breeding or possessing any live animal of any prohibited wildlife species (i.e., any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species). Breeding means facilitating propagation or reproduction (whether intentionally or negligently), or failing to prevent propagation or reproduction. The bill extends forfeiture provisions to fish, wildlife, or plants that are bred or possessed. The bill revises the list of entities that are exempt from Lacey Act prohibitions to include: institutions accredited by the Association of Zoos and Aquariums; certain facilities that have an active written contract with an Association of Zoos and Aquariums Species Survival Plan or Taxon Advisory Group for breeding prohibited wildlife species; persons who do not allow the transportation and display of prohibited wildlife species off-site; current owners of animals that were born before this bill's enactment if the animals are registered with the Animal and Plant Health Inspection Service within 180 days; and certain traveling circuses that hold Class C licenses under the Animal Welfare Act. Entities exempt from Lacey Act prohibitions must require that current owners and circuses not allow direct contact between the public and the prohibited wildlife species."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Resource Efficient Appliance Incentives Act of 2005.''. SEC. 2. CREDIT FOR ENERGY EFFICIENT APPLIANCES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45J. ENERGY EFFICIENT APPLIANCE CREDIT. ``(a) General Rule.-- ``(1) In general.--For purposes of section 38, the energy efficient appliance credit determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined under paragraph (2) for each type of qualified energy efficient appliance produced by the taxpayer during the calendar year ending with or within the taxable year. ``(2) Credit amounts.--The credit amount determined for any type of qualified energy efficient appliance is-- ``(A) the applicable amount determined under subsection (b) with respect to such type, multiplied by ``(B) the eligible production for such type. ``(b) Applicable Amount.-- ``(1) In general.--For purposes of subsection (a)-- ``(A) Dishwashers.--The applicable amount is the energy savings amount in the case of a dishwasher which-- ``(i) is manufactured in calendar year 2006 or 2007, and ``(ii) meets the requirements of the Energy Star program which are in effect for dishwashers in 2007. ``(B) Clothes washers.--The applicable amount is-- ``(i) $50, in the case of a clothes washer which-- ``(I) is manufactured in calendar year 2005, and ``(II) has an MEF of at least 1.42, ``(ii) $100, in the case of a clothes washer which-- ``(I) is manufactured in calendar year 2005, 2006, or 2007, and ``(II) meets the requirements of the Energy Star program which are in effect for clothes washers in 2007, and ``(iii) the energy and water savings amount, in the case of a clothes washer which-- ``(I) is manufactured in calendar year 2008, 2009, or 2010, and ``(II) meets the requirements of the Energy Star program which are in effect for clothes washers in 2010. ``(C) Refrigerators.-- ``(i) 15 percent savings.--The applicable amount is $75 in the case of a refrigerator which-- ``(I) is manufactured in calendar year 2005 or 2006, and ``(II) consumes at least 15 percent less kilowatt hours per year than the 2001 energy conservation standard. ``(ii) 20 percent savings.--In the case of a refrigerator which consumes at least 20 percent less kilowatt hours per year than the 2001 energy conservation standards, the applicable amount is-- ``(I) $125 for a refrigerator which is manufactured in calendar year 2005, 2006, or 2007, and ``(II) $100 for a refrigerator which is manufactured in calendar year 2008. ``(iii) 25 percent savings.--In the case of a refrigerator which consumes at least 25 percent less kilowatt hours per year than the 2001 energy conservation standards, the applicable amount is-- ``(I) $175 for a refrigerator which is manufactured in calendar year 2005, 2006, or 2007, and ``(II) $150 for a refrigerator which is manufactured in calendar year 2008, 2009, or 2010. ``(2) Energy savings amount.--For purposes of paragraph (1)(A)-- ``(A) In general.--The energy savings amount is the lesser of-- ``(i) the product of-- ``(I) $3, and ``(II) 100 multiplied by the energy savings percentage, or ``(ii) $100. ``(B) Energy savings percentage.--For purposes of subparagraph (A), the energy savings percentage is the ratio of-- ``(i) the EF required by the Energy Star program for dishwashers in 2007 minus the EF required by the Energy Star program for dishwashers in 2005, to ``(ii) the EF required by the Energy Star program for dishwashers in 2007. ``(3) Energy and water savings amount.--For purposes of paragraph (1)(B)(iii)-- ``(A) In general.--The energy and water savings amount is the lesser of-- ``(i) the product of-- ``(I) $10, and ``(II) 100 multiplied by the energy and water savings percentage, or ``(ii) $200. ``(B) Energy and water savings percentage.--For purposes of subparagraph (A), the energy and water savings percentage is the average of the MEF savings percentage and the WF savings percentage. ``(C) MEF savings percentage.--For purposes of this subparagraph, the MEF savings percentage is the ratio of-- ``(i) the MEF required by the Energy Star program for clothes washers in 2010 minus the MEF required by the Energy Star program for clothes washers in 2007, to ``(ii) the MEF required by the Energy Star program for clothes washers in 2010. ``(D) WF savings percentage.--For purposes of this subparagraph, the WF savings percentage is the ratio of-- ``(i) the WF required by the Energy Star program for clothes washers in 2010 minus the WF required by the Energy Star program for clothes washers in 2007, to ``(ii) the WF required by the Energy Star program for clothes washers in 2010. ``(c) Eligible Production.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), the eligible production in a calendar year with respect to each type of energy efficient appliance is the excess of-- ``(A) the number of appliances of such type which are produced by the taxpayer in the United States during such calendar year, over ``(B) the average number of appliances of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(2) Special rule for refrigerators.--The eligible production in a calendar year with respect to each type of refrigerator described in subsection (b)(1)(C) is the excess of-- ``(A) the number of appliances of such type which are produced by the taxpayer in the United States during such calendar year, over ``(B) 110 percent of the average number of appliances of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(3) Special rule for 2005 production.--For purposes of determining eligible production for calendar year 2005-- ``(A) only production after the date of enactment of this section shall be taken into account under paragraphs (1)(A) and (2)(A), and ``(B) the amount taken into account under paragraphs (1)(B) and (2)(B) shall be an amount which bears the same ratio to the amount which would (but for this paragraph) be taken into account under such paragraph as-- ``(i) the number of days in calendar year 2005 after the date of enactment of this section, bears to ``(ii) 365. ``(d) Types of Energy Efficient Appliance.--For purposes of this section, the types of energy efficient appliances are-- ``(1) dishwashers described in subsection (b)(1)(A), ``(2) clothes washers described in subsection (b)(1)(B)(i), ``(3) clothes washers described in subsection (b)(1)(B)(ii), ``(4) clothes washers described in subsection (b)(1)(B)(iii), ``(5) refrigerators described in subsection (b)(1)(C)(i), ``(6) refrigerators described in subsection (b)(1)(C)(ii)(I), ``(7) refrigerators described in subsection (b)(1)(C)(ii)(II), ``(8) refrigerators described in subsection (b)(1)(C)(iii)(I), and ``(9) refrigerators described in subsection (b)(1)(C)(iii)(II). ``(e) Limitations.-- ``(1) Aggregate credit amount allowed.--The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $75,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years. ``(2) Amount allowed for certain appliances.-- ``(A) In general.--In the case of appliances described in subparagraph (C), the aggregate amount of the credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $20,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years with respect to such appliances. ``(B) Election to increase allowable credit.--In the case of any taxpayer who makes an election under this subparagraph-- ``(i) subparagraph (A) shall be applied by substituting `$25,000,000' for `$20,000,000', and ``(ii) the aggregate amount of the credit allowed under subsection (a) with respect to such taxpayer for any taxable year for appliances described in subparagraph (C) and the additional appliances described in subparagraph (D) shall not exceed $50,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years with respect to such appliances. ``(C) Appliances described.--The appliances described in this subparagraph are-- ``(i) clothes washers described in subsection (b)(1)(B)(i), and ``(ii) refrigerators described in subsection (b)(1)(C)(i). ``(D) Additional appliances.--The additional appliances described in this subparagraph are-- ``(i) refrigerators described in subsection (b)(1)(C)(ii)(I), and ``(ii) refrigerators described in subsection (b)(1)(C)(ii)(II). ``(3) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. ``(4) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(f) Definitions.--For purposes of this section-- ``(1) Qualified energy efficient appliance.--The term `qualified energy efficient appliance' means-- ``(A) any dishwasher described in subsection (b)(1)(A), ``(B) any clothes washer described in subsection (b)(1)(B), and ``(C) any refrigerator described in subsection (b)(1)(C). ``(2) Dishwasher.--The term `dishwasher' means a residential dishwasher subject to the energy conservation standards established by the Department of Energy. ``(3) Clothes washer.--The term `clothes washer' means a residential model clothes washer, including a residential style coin operated washer. ``(4) Refrigerator.--The term `refrigerator' means a residential model automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet. ``(5) MEF.--The term `MEF' means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standards. ``(6) EF.--The term `EF' means the energy factor established by the Department of Energy for compliance with the Federal energy conservation standards. ``(7) WF.--The term `WF' means Water Factor (as determined by the Secretary of Energy). ``(8) Produced.--The term `produced' includes manufactured. ``(9) 2001 energy conservation standard.--The term `2001 energy conservation standard' means the energy conservation standards promulgated by the Department of Energy and effective July 1, 2001. ``(g) Special Rules.--For purposes of this section-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. ``(2) Controlled group.-- ``(A) In general.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single producer. ``(B) Inclusion of foreign corporations.--For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(3) Verification.--No amount shall be allowed as a credit under subsection (a) with respect to which the taxpayer has not submitted such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary.''. (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the energy efficient appliance credit determined under section 45J(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45J. Energy efficient appliance credit''. (d) Effective Date.--The amendments made by this section shall apply to appliances produced after the date of the enactment of this Act, in taxable years ending after such date.", "summary": "Resource Efficient Appliance Incentives Act of 2005 - Amends the Internal Revenue Code to allow a business tax credit for the production of certain water and energy efficient appliances (e.g., dishwashers, clothes washers, and refrigerators). Bases the amount of such credit on specified energy and water efficiency ratings."}
{"article": "SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Orphan Drug Act Amendments of 1994 ''. (b) Reference.--Whenever in this Act (other than sections 5 and 6) an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.). SEC. 2. PERIOD OF EXCLUSIVITY. (a) Initial Period.--Subsection (a) of section 527 (21 U.S.C. 360cc) is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (3) by striking ``seven years'' and inserting ``4 years''; and (4) by striking ``505(c)(2)'' and inserting ``505(c)(1)(B)''. (b) Additional Period.--Subsection (a) of section 527 (21 U.S.C. 360cc) (as amended by subsection (a)) is amended by adding at the end the following new paragraphs: ``(2) The holder of the approved application, certification, or license of a drug to which the 4-year period of exclusivity applies under paragraph (1) may, after the expiration of 3\\1/2\\ years of such period but not later than 90 days before the expiration of such period, apply to the Secretary for a 3-year extension of such period. Such an application shall contain such information as the Secretary determines is necessary to evaluate such application. ``(3) The Secretary shall approve an application submitted under paragraph (2) if the applicant-- ``(A) demonstrates that the drug has a limited commercial potential as determined under regulations of the Secretary, taking into account sales information respecting such drug and any other factor identified by the Secretary in such regulations that is relevant to the commercial potential of such drug, and ``(B) makes such demonstration on the basis of the regulations of the Secretary referred to in subparagraph (A) that were in effect-- ``(i) on the date-- ``(I) such drug received its designation under section 526(a), or ``(II) such applicant applied for an exemption for such drug under section 505(i) or 507(d), whichever first occurs, or ``(ii) if the date under clause (i) occurred before the date such regulations were in effect, on the date such regulations were in effect.''. (c) Conforming Amendment.--Section 527(b) (21 U.S.C. 360cc(b)) is amended-- (1) by striking ``during the seven-year period beginning on the date of the application approval'' and inserting ``during the applicable period of exclusivity under subsection (a)''; and (2) by striking ``such seven year period'' and inserting ``the applicable period of exclusivity under subsection (a)''. (d) Effective Date.--The amendments made by subsections (a) and (b) shall not apply to a drug-- (1) for which an application under section 505 or 507 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act was submitted before March 1, 1994; or (2) for which an exemption under section 505(i) or 507(d) of the Federal Food, Drug, and Cosmetic Act was in effect before March 1, 1994, for which human clinical trials were actively being conducted before such date, and for which an application for designation under section 526 of such Act was submitted before the date of enactment of the Orphan Drug Act Amendments of 1994. The 7 year period of exclusivity provided by section 527(a) of the Federal Food, Drug, and Cosmetic Act before the date of the enactment of this Act shall, after such date, apply to a drug described in paragraph (1) or (2). (e) Regulations.--The Secretary shall issue final regulations to implement paragraphs (2) and (3) of section 527(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) (as amended by subsection (b)) not later than 6 months after the date of the enactment of this Act. SEC. 3. DESIGNATIONS. (a) In General.--Section 526(a)(2) (21 U.S.C. 360bb(a)(2)) is amended to read as follows: ``(2) For purposes of paragraph (1), the term `rare disease or condition' means any disease or condition that-- ``(A) affects fewer than 200,000 persons in the United States determined on the basis of-- ``(i) the facts and circumstances as of the date the request for designation of the drug under this subsection is made, and ``(ii) projections as to the number of persons who will be affected by the disease or condition on a date which is 3 years from date such request was made, or ``(B) affects more than 200,000 persons in the United States and for which there is no reasonable expectation that the cost of developing and making available in the United States a drug for such disease or condition will be recovered from sales in the United States of such drug.''. (b) Exclusivity.--Section 527(b) (21 U.S.C. 360cc(b)) is amended-- (1) in paragraph (1), by striking ``or'' at the end of such paragraph; (2) by striking the period at the end of paragraph (2) and inserting ``; or'', and (3) by adding at the end the following new paragraph: ``(3) a drug has been designated under section 526 for a rare disease or condition described in section 526(a)(2)(A) and if after such designation it is determined that-- ``(A) such disease or condition affects more than 200,000 persons in the United States; and ``(B) such drug does not meet the requirement of section 526(a)(2)(B).''. SEC. 4. SIMULTANEOUS DEVELOPMENT. (a) In General.--Section 527(b) (21 U.S.C. 360cc(b)), as amended by section 3(b), is amended by-- (1) inserting ``(1)'' after ``(b)''; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (3) by striking ``for a person who is not'' and inserting ``for an applicant who is not''; and (4) by adding at the end the following new subparagraphs: ``(D) the Secretary finds, after providing the holder, such applicant, and any other interested person an opportunity to present their views, that the drugs of the holder and such applicant were developed simultaneously. The Secretary shall make a decision on a request for a finding under subparagraph (D) not later than 60 days after the filing of the request. ``(2) For purposes of paragraph (1)(D), drugs of a holder and an applicant shall be considered to be developed simultaneously only if-- ``(A) the applicant requested that its drug be designated under section 526 not later than 6 months after publication of the designation under section 526(c) of the holder's drug; ``(B) the applicant initiated the human clinical trials that the applicant relied on in its application for such approval, certification, or license not more than 12 months after the date the holder initiated the human clinical trials that the holder relied on in its application for such approval, certification, or license; and ``(C) the applicant submitted such application, including the reports of the clinical and animal studies necessary for approval, certification, or licensing, not more than 12 months after the holder submitted its application, including such reports, for such action. ``(3) Paragraph (1)(D) does not apply to a drug-- ``(A) for which an application under section 505 or 507 or section 351 of the Public Health Service Act was submitted before March 1, 1994; or ``(B) for which an exemption under section 505(i) or 507(d) was in effect before March 1, 1994, for which human clinical trials were actively being conducted before such date, and for which an application for designation under section 526 was submitted before the date of enactment of the Orphan Drug Act Amendments of 1994.''. (b) Publication.--Section 526(c) (21 U.S.C. 360bb(c)) is amended-- (1) by inserting ``for a rare disease or condition'' after ``(a)''; and (2) by striking ``shall be made available to the public'' and inserting ``shall be promptly published in the Federal Register and otherwise made available to the public in a manner designed to notify persons who have such disease or condition''. SEC. 5. OFFICE FOR ORPHAN DISEASES AND CONDITIONS. Section 227 of the Public Health Service Act (42 U.S.C. 236) is amended-- (1) in subsection (a), to read as follows: ``(a) There is established in the Department of Health and Human Services an Office for Orphan Diseases and Conditions. Such Office shall be established at a level within the Department with sufficient authority to assure full implementation of the functions and responsibilities established by this section.''; (2) by striking ``Board'' each place the term appears and inserting ``Office''; (3) in subsection (b), by striking ``drugs and devices'' and inserting ``drugs, devices, and medical foods''; (4) in subsection (c)(1)(A), by inserting ``of chapter V'' after ``subchapter B''; (5) by adding at the end the following new subsection: ``(f)(1) There is established in the Office an advisory committee to advise the Office in carrying out the functions of the Office under this section. ``(2) The advisory committee shall be comprised of 11 members appointed by the Secretary, in consultation with the Office and the Commissioner of the Food and Drug Administration, from persons knowledgeable about rare diseases and conditions, including-- ``(A) 5 representatives of organizations of persons with rare diseases or conditions; ``(B) 3 research scientists; and ``(C) 3 representatives of health-related companies. ``(3) The Secretary shall also appoint, as liaisons to the advisory committee, individuals from the Food and Drug Administration, the National Institutes of Health, and other appropriate Federal agencies. ``(4) Vacancies occurring in the membership of the advisory committee shall be filled in the same manner as the original appointment for the position being vacated. Vacancies shall not affect the power of the remaining members to execute the duties of the advisory committee. ``(5) Members of the advisory committee, and liaisons to the advisory committee, shall not be compensated, but shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, for each day the member or liaison is engaged in the performance of duties away from the home or regular place of business of the member or liaison. ``(6) Notwithstanding section 1342 of title 31, United States Code, the advisory committee may accept the voluntary services provided by a member of the advisory committee or a liaison to the advisory committee.''; and (6) by amending the section heading to read as follows: ``office for orphan diseases and conditions''. SEC. 6. AUTHORIZATION FOR ORPHAN DRUG ACT. Section 5(c) of the Orphan Drug Act (21 U.S.C. 360ee(c)) is amended by striking ``$10,000,000'' and all that follows and inserting ``$20,000,000 for fiscal year 1995, $25,000,000 for fiscal year 1996, and $30,000,000 for fiscal year 1997.''.", "summary": "Orphan Drug Act Amendments of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to change from seven to four years the period of market exclusivity guaranteed to any approved orphan drug. Specifies that orphan drugs of \"limited commercial potential,\" as defined by regulations to be issued by the Department of Health and Human Services, would qualify for an additional three years of exclusive marketing rights. Permits more than one company to put a particular orphan drug on the market in instances where both companies were working on the drug in roughly the same time frame. Provides for the withdrawal of exclusive marketing rights if the patient population for the approved treatment exceeds 200,000. Extends the authorization of the research grant program. Replaces the existing Orphan Products Board with an Office for Orphan Diseases and Conditions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Medicare Reimbursement Demonstration Act of 1997''. SEC. 2. ESTABLISHMENT OF DEMONSTRATION PROJECT. (a) Authority.-- (1) In general.--The Secretary of Veterans Affairs and the Secretary of Health and Human Services shall jointly carry out a demonstration project under which the Secretary of Health and Human Services provides the Department of Veterans Affairs with reimbursement, determined in accordance with section 3, from the medicare program for health care services provided to targeted medicare-eligible veterans in or through facilities of the Department of Veterans Affairs selected under subsection (b). (2) Duration.--The Secretaries shall conduct the demonstration project during the three-year period beginning on January 1, 1998. (3) Waiver of certain medicare requirements.--To the extent necessary to carry out the demonstration project, the Secretary of Health and Human Services may waive any requirement of part B of title XI of the Social Security Act, title XVIII of that Act, or a related provision of law. (b) Selection of Participating Facilities.-- (1) Designation of service areas covered.--The Secretary of Veterans Affairs shall designate up to three geographic service areas from which facilities are selected to participate in the demonstration project. (2) Facility selection.-- (A) In general.--The Secretary, in consultation with the Secretary of Health and Human Services, shall establish a plan for the selection of facilities under the jurisdiction of the Secretary and located within a geographic service area designated under paragraph (1) to participate in the project. (B) General criteria.--The selection plan shall favor selection of those facilities that are suited to serve targeted medicare-eligible individuals because-- (i) there is a high potential demand by targeted medicare-eligible veterans for their services; (ii) they have sufficient capability in billing and accounting to participate; (iii) they have favorable indicators of quality of care, including patient satisfaction; and (iv) they meet other relevant factors identified in the plan. (C) Facility near closed base.--There shall be at least one facility selected that is in the same catchment area as a military medical facility which was closed pursuant to either of the following laws: (i) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). (ii) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (c) Voluntary Participation.--Participation of targeted medicare- eligible veterans in the demonstration project shall be voluntary, subject to the capacity of participating facilities and the funding limitations specified in section 3. (d) Cost Sharing.--The Secretary shall establish cost-sharing requirements for veterans participating in the demonstration project. Those requirements shall be the same as the requirements that apply to targeted medicare-eligible patients at nongovernmental facilities. (e) Crediting of Payments.--Payments received by the Secretary under the demonstration project shall be credited to the applicable Department of Veterans Affairs medical appropriation. SEC. 3. DETERMINATION OF REIMBURSEMENT AMOUNTS. (a) Payments Based on 95 Percent of Regular Medicare Payment Rates.-- (1) In general.--Subject to the succeeding provisions of this section, the Secretary of Health and Human Services shall reimburse the Secretary of Veterans Affairs for services provided under the demonstration project at a rate equal to 95 percent of the amounts that otherwise would be payable under the medicare program on a non-capitated basis for such services if the facility were not a Federal facility, were participating in the program, and imposed charges for such services. In cases in which a payment amount may not otherwise be readily computed, the Secretaries shall establish rules for computing equivalent or comparable payment amounts. (2) Periodic payments from medicare trust funds.--Payments under this section shall be made-- (A) on a periodic basis consistent with the periodicity of payments under the medicare program; and (B) in appropriate part, as determined by the Secretary of Health and Human Services, from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. (3) Annual limit on medicare payments.--The amount paid to the Department of Veterans Affairs under this section for any year for the demonstration project may not exceed $50,000,000. (b) Reduction in Payment for Failure to Maintain VA Effort.-- (1) In general.--In order to avoid shifting onto the medicare program the costs of the Department of Veterans Affairs for hospital care and medical services for targeted medicare-eligible veterans, the payment amounts under this section for the project for a year shall be reduced by the amount (if any) by which-- (A) the amount of the actual VA medical expenditures for targeted veterans (as defined in paragraph (3)) for the fiscal year ending in such year, is less than (B) the amount of the maintenance of effort level for such fiscal year, as determined under paragraph (2). (2) Maintenance of effort levels.--The maintenance of effort level for any fiscal year is the amount equal to the maintenance of effort level for the preceding fiscal year or, in the case of fiscal year 1998, the amount of VA medical expenditures for targeted veterans (as defined in paragraph (3)) for fiscal year 1997-- (A) increased or decreased by the same percentage as the percentage by which the amount of the medical care appropriation for the Department of Veterans Affairs for that fiscal year exceeds (or is less than, respectively) the amount of such appropriation for the preceding fiscal year; and (B) decreased by the amount of the decrease (if any) in VA medical expenditures for targeted veterans for that fiscal year (relative to the preceding fiscal year) that, as estimated by the Secretaries, results from-- (i) a rate of increase in the level of medical care appropriations for the Department of Veterans Affairs described in subparagraph (A) that is less than the general rate of increase in health care costs; and (ii) the reduction in priority in delivery of services to targeted medicare-eligible veterans attributable to the amendments made by title I of the Veterans' Health Care Eligibility Reform Act of 1996 (Public Law 104- 262; 110 Stat. 3177) and to implementation of the plan developed pursuant to section 429 of Public Law 104-204 (110 Stat. 2929). (3) VA medical expenditures for targeted veterans defined.--For purposes of this subsection, the term ``VA medical expenditures for targeted veterans'' means, with respect to a fiscal year, the amount expended by the Department of Veterans Affairs during the fiscal year for providing hospital care and medical services under chapter 17 of title 38, United States Code to targeted medicare-eligible veterans. Such amount does not include-- (A) expenditures for the conduct of medical examinations to adjudicate claims under such title, or (B) expenditures attributable to services for which reimbursement is made under the demonstration project. (c) Assuring No Increase in Cost to Medicare Program.-- (1) Monitoring impact on costs to medicare program.-- (A) In general.--The Secretaries, in consultation with the Comptroller General, shall closely monitor the expenditures made under the medicare program for targeted medicare-eligible veterans during the period of the demonstration project compared to the expenditures that would have been made for such veterans during that period if the demonstration project had not been conducted. (B) Auditing by the comptroller general.--Not later than December 31 of each year during which the demonstration project is conducted, the Comptroller General shall determine and submit to the Secretaries and the appropriate committees of Congress a report on the extent, if any, to which the costs of the Secretary of Health and Human Services under the medicare program increased during the preceding fiscal year as a result of the demonstration project. (2) Required response in case of increase in costs.-- (A) In general.--If the Secretaries find, based on paragraph (1), that the expenditures under the medicare program increased (or are expected to increase) during a fiscal year because of the demonstration project, the Secretaries shall take such steps as may be needed-- (i) to recoup for the medicare program the amount of such increase in expenditures; and (ii) to prevent any such increase in the future. (B) Steps.--Such steps-- (i) under subparagraph (A)(i) shall include payment of the amount of such increased expenditures by the Secretary from the current medical care appropriation of the Department of Veterans Affairs to the trust funds under the medicare trust program; and (ii) under subparagraph (A)(ii) shall include suspending or terminating the demonstration project (in whole or in part) or substitution of a lower percentage for 95 percent under subsection (a)(1). SEC. 4. EVALUATION AND REPORTS. (a) Annual Report by Independent Entity.-- (1) In general.--The Secretaries shall arrange for an independent entity with expertise in the evaluation of health services to conduct an ongoing evaluation of the demonstration project. (2) Annual reports.--The entity shall submit a report on the project jointly to the Secretaries and to the appropriate committees of the Congress not later than March 1 following each year during which the project is conducted. (3) Assessment.--Each such report shall include the results of the evaluation under subsection (a), including an assessment of each of the following: (A) The cost to the Department of Veterans Affairs of providing care to veterans under the project. (B) Compliance of participating facilities with applicable measures of quality of care, compared to such compliance for other medicare-participating facilities. (C) A comparison of the costs of facilities' participation in the program with the reimbursements provided for services of such facilities. (D) Any savings or costs to the medicare programs from the project. (E) Any change in access to care or quality of care for targeted medicare-eligible veterans participating in the project. (F) Any effect of the project on the access to care of veterans who did not participate in the project and of targeted medicare-eligible veterans. (b) Report on Extension and Expansion of Demonstration Project.-- Not later than six months after the date of the submission of the final report under subsection (a), the Secretaries shall submit to the Congress a report containing their recommendation as to-- (1) whether to extend the demonstration project or make it permanent; (2) whether to expand the project to cover additional sites and areas and to increase the maximum amount of reimbursement under the project in any year; and (3) whether the terms and conditions of the project should be continued (or modified) if the project is extended or expanded. (c) Recommendation Concerning New Demonstration Project for Payment to Managed Health-Care Plans.--Not later than March 1, 1999, the Secretaries shall submit to the appropriate committees of the Congress a report on the feasibility and advisability of establishing a new demonstration project to reimburse the Secretary of Veterans Affairs under section 1876(a) of the Social Security Act for health care services furnished to targeted medicare-eligible veterans enrolled in managed health-care plans established by the Secretary. SEC. 5. DEFINITIONS. For the purpose of this Act: (1) Demonstration project; project.--The terms ``demonstration project'' and ``project'' mean the demonstration project carried out under section 2(a). (2) Geographic service area.--The term ``geographic service area'' means a field component of the Veterans Health Administration that-- (A) is based on a geographic area which encompasses a population of veteran beneficiaries and is defined on the basis of natural patient referral patterns; and (B) provides health care through strategic alliances among Department of Veterans Affairs medical centers, clinics, and other sites. (3) Medicare program.--The term ``medicare program'' means the programs of health benefits provided under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (4) Secretary; secretaries.--Unless otherwise provided, the term ``Secretary'' means the Secretary of Veterans Affairs and the term ``Secretaries'' means the Secretary of Veterans Affairs and the Secretary of Health and Human Services acting jointly. (5) Targeted medicare-eligible veteran.--The term ``targeted medicare-eligible veteran'' means an individual-- (A) who is a veteran (as defined in section 101(2) of title 38, United States Code) described in section 1710(a)(3) of title 38, United States Code; (B) who is entitled to hospital insurance benefits under part A of the medicare program and enrolled in the supplementary medical insurance program under part B of the medicare program; and (C) whose annual income is an amount between the applicable income threshold under section 1722(b) of title 38, United States Code, and the amount equal to three times the amount of such applicable income threshold.", "summary": "Veterans Medicare Reimbursement Demonstration Act of 1997 - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly carry out a demonstration project, during the three-year period beginning on January 1, 1998, under which the HHS Secretary provides the VA with reimbursement from the Medicare program (title XVIII of the Social Security Act) for health-care services provided to targeted Medicare-eligible veterans in or through selected VA medical centers. Provides for the waiver of certain Medicare requirements in order to carry out the project. Requires the VA Secretary to establish a plan for the selection of up to 12 medical centers located in geographically dispersed locations for project participation. Requires at least one medical center selected to be in the same catchment area as a military medical facility which was closed pursuant to a defense base closure law. Requires project participation to be voluntary. Directs the VA Secretary to establish requirements for participating veterans. Authorizes the VA Secretary, in carrying out the demonstration project, to operate managed health care plans, either through the VA or public or private entities. Directs the Secretary to prescribe minimum health care benefits to be provided under such plans. Allows the Secretary to establish a managed health care plan only after: (1) reporting to the Congress a plan for the use of such centers and facilities; and (2) receiving from the VA Inspector General certain certifications relating to costs and conformity with health plan requirements. Requires project reimbursement at a rate equal to 95 percent of amounts that would otherwise be payable under the Medicare program if the facility was not a Federal facility, was participating in the project, and imposed charges for such services. Excludes certain amounts from such computation. Requires reimbursement payments periodically from Medicare trust funds, with an annual Medicare payment limit of $50 million, of which no more than $10 million may be used for the conduct of the project through managed health care plans. Requires reductions in such payments when the amount of the actual VA effort level for targeted veterans for that fiscal year is less than the amount of the VA effort level for FY 1997. Directs the Secretaries to compare the expenditures made under the project to the expenditures that would have been made for such veterans if the project had not been conducted, and to take appropriate steps if the expenditures under the Medicare program increased as a result of the project. Requires annual reports by the Comptroller General. Prohibits the VA Secretary from carrying out a demonstration project at a medical center until 30 days after reporting to the Congress on plans for the selection of appropriate centers. Requires: (1) an independent entity to conduct an ongoing project evaluation and report results to the Secretaries and appropriate congressional committees; and (2) a report from the Secretaries to the Congress on possible project extension and expansion."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Income Housing Preservation Act of 1995''. SEC. 2. 15-YEAR RECOVERY PERIOD. (a) General Rule.--Subsection (c) of section 168 of the Internal Revenue Code of 1986 (relating to applicable recovery period) is amended-- (1) by striking ``as provided in paragraph (2)'' in paragraph (1) and inserting ``as otherwise provided in this subsection'', (2) by redesignating paragraph (2) as paragraph (3), and (3) by inserting after paragraph (1) the following new paragraph: ``(2) Low-income housing.--In the case of any residential rental property which is part of a qualified low-income housing project (as defined in subsection (i)(14)), the applicable recovery period shall be 15 years.'' (b) Qualified Low-Income Housing Project.--Subsection (i) of section 168 of such Code is amended by adding at the end the following new paragraph: ``(14) Qualified low-income housing project.-- ``(A) In general.--For purposes of this section, the term `qualified low-income housing project' means any project for residential rental property if-- ``(i) such project is assisted under a specified HUD program, ``(ii) 50 percent or more of the residential units in such project-- ``(I) in the case of a project described in clause (i) or (ii) of subparagraph (C), are occupied by individuals whose income (at the time of their initial occupancy in such project) was less than 80 percent of the area median gross income (as of such time), or ``(II) in the case of a project described in clause (iii) or (iv) of subparagraph (C), are units with respect to which rental assistance is provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), ``(iii) such project was originally placed in service at least 10 years before the taxpayer acquired an interest in such project, ``(iv) such project is substantially rehabilitated, ``(v) the taxpayer acquired such taxpayer's interest in such project by purchase, and ``(vi) such project was not previously placed in service by the taxpayer or by any person who was a related person (as defined in section 42(d)(2)(D)(iii)) with respect to the taxpayer as of the time previously placed in service. ``(B) Denial of double benefit.--A project shall not be treated as a qualified low-income housing project if the taxpayer (or any other person holding an interest in such project) claims any benefits with respect to such project under-- ``(i) section 42 (relating to low-income housing credit), ``(ii) section 47 (relating to rehabilitation credit), ``(iii) the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4101 et seq.), or ``(iv) the Emergency Low-Income Housing Preservation Act of 1987 pursuant to section 604 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 4101 note). ``(C) Specified hud programs.--For purposes of subparagraph (A), a project is assisted under a specified HUD program if such project was financed by a loan or mortgage which-- ``(i) is insured or held by the Secretary of Housing and Urban Development under section 221(d)(3) of the National Housing Act (12 U.S.C. 1715l(d)(3)) and bears interest at a rate determined under the proviso of section 221(d)(5) of such Act, ``(ii) is insured, assisted, or held by such Secretary or a State or State agency under section 236 of such Act (12 U.S.C. 1715z-1), ``(iii) is insured or held by such Secretary under section 221(d)(3) of such Act and receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), or ``(iv) is insured or held by such Secretary under section 221(d)(4) of the National Housing Act. ``(D) Substantially rehabilitated.-- ``(i) In general.--For purposes of subparagraph (A), a project is substantially rehabilitated if the amount of the rehabilitation expenditures with respect to such project during the 24-month period beginning on the date the taxpayer acquired his interest in such project equals or exceeds 10 percent of the aggregate adjusted bases (as of the beginning of such 24-month period) of the residential rental property which is part of such project. ``(ii) Rehabilitation expenditures.-- ``(I) In general.--For purposes of clause (i), the term `rehabilitation expenditures' means amounts chargeable to capital account and incurred for property (or additions or improvements to property) of a character subject to the allowance for depreciation in connection with the rehabilitation of a building. Such term shall not include the cost of acquiring the building (or any interest therein). ``(II) Special rule.--An expenditure may be taken into account only if it benefits the low-income units in the project at least in proportion to the total number of units in such project which are low-income units. For purposes of the preceding sentence, the term `low-income units' means units with respect to which the requirements of subparagraph (A)(ii) are met. ``(E) Income determinations.--For purposes of subparagraph (A), income of individuals and area median gross income shall be determined as provided in section 142(d)(2)(B). ``(F) Purchase.--For purposes of subparagraph (A), the term `purchase' has the meaning given to such term by section 179(d)(2); except that such term shall not include any acquisition where the basis of the property acquired is determined in whole or in part by reference to the basis of other property held at any time by the person acquiring the property. ``(G) Treatment of units occupied by individuals whose incomes rise above limit.-- ``(i) In general.--Except as provided in clause (ii), notwithstanding an increase in the income of the occupants of a low-income unit above the income limitation applicable under subparagraph (A)(ii), such unit shall continue to be treated as a low-income unit if the income of such occupants initially met such income limitation. ``(ii) Next available unit must be rented to low-income tenant if income rises above 140 percent of income limit.--If the income of the occupants of the unit increases above 140 percent of the income limitation applicable under subparagraph (A)(ii), clause (i) shall cease to apply to any such unit if any residential unit in the project (of a size comparable to, or smaller than, such unit) is occupied by a new resident whose income exceeds such income limitation. In the case of a project described in section 142(d)(4)(B), the preceding sentence shall be applied by substituting `170 percent' for `140 percent' and by substituting `any low-income unit in the project is occupied by a new resident whose income exceeds 40 percent of area median gross income' for `any residential unit in the project (of a size comparable to, or smaller than, such unit) is occupied by a new resident whose income exceeds such income limitation'. ``(H) Recapture rules.-- ``(i) Substantially rehabilitation requirements.--If the requirements of subparagraph (D) are not satisfied with respect to any project-- ``(I) such project shall not be treated as a qualified low-income housing project for any period (including periods before the close of the 24-month period set forth in subparagraph (D)(i)), and ``(II) the statutory period for the assessment of any deficiency attributable to the failure of the project to meet such requirements shall not expire before the date prescribed by section 6501 for the assessment of a deficiency for the taxable year in which the 24-month period set forth in subparagraph (D)(i) ends. ``(ii) Cross Reference.-- ``For treatment of subsequent failure to meet other requirements after initial qualification, see paragraph (5) of this subsection.'' SEC. 3. EXEMPTION FROM PASSIVE LOSS LIMITATIONS. Section 469 of the Internal Revenue Code of 1986 (relating to limitation on passive activity losses and credits) is amended-- (1) by redesignating subsections (j), (k), (l), and (m) as subsections (k), (l), (m), and (n), respectively, and (2) by inserting after subsection (i) the following new subsection: ``(j) $50,000 Offset for Certain Low-Income Housing Activities.-- ``(1) In general.--Subsection (a) shall not apply to that portion of the passive activity loss for any taxable year which is attributable to rental activities with respect to residential rental property which is part of a qualified low- income housing project (as defined in section 168(i)(14)). ``(2) Dollar limitation.--The aggregate amount to which paragraph (1) applies for any taxable year shall not exceed $50,000 ($25,000 in the case of a separate return by a married individual). ``(3) Coordination with subsection (i).--This subsection shall be applied before the application of subsection (i).'' SEC. 4. MINIMUM TAX TREATMENT. (a) General Rule.--Paragraph (1) of section 56(a) of the Internal Revenue Code of 1986 (relating to depreciation deduction) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Special rule for certain low-income housing projects.--In the case of residential rental property which is part of a qualified low-income housing project (as defined in section 168(i)(14))-- ``(i) the depreciation deduction with respect to 50 percent of the adjusted basis of such property shall be determined as provided in subparagraph (A), and ``(ii) the depreciation deduction with respect to the other 50 percent of such adjusted basis shall be determined under the method applicable in computing the regular tax.'' (b) Conforming Amendment.--Clause (i) of section 56(g)(4)(A) of such Code is amended by inserting before the period at the end the following: ``or, if applicable, the rules of subsection (a)(1)(C)''. SEC. 5. EFFECTIVE DATE. The amendments made by this section shall apply to property placed in service after December 31, 1995.", "summary": "Low-Income Housing Preservation Act of 1995 - Amends the Internal Revenue Code to provide a 15-year recovery period for the depreciation deduction for new investments to rehabilitate qualified low-income housing projects. Exempts $50,000 ($25,000 in the case of a separate return by a married individual) of such rehabilitation costs from the passive loss limitations. Provides a special rule for computing the depreciation deduction for such housing projects."}
{"article": "SECTION. 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Assistance and Credit Crunch Relief Act of 1993''. (b) Table of Contents.--The following is a table of contents for this Act: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Capital requirement flexibility. Sec. 5. New Federal banking regulations subject to regulatory impact analysis. Sec. 6. Review of statutory and regulatory provisions affecting small banks. Sec. 7. Real estate appraisals. Sec. 8. Truth in Lending Act. Sec. 9. Community Reinvestment Act. Sec. 10. Paperwork reduction study. Sec. 11. Sunset provision. SEC. 2. FINDINGS. The Congress finds that-- (1) credit availability is essential for small businesses to expand, to purchase new equipment, and to hire new workers; (2) the Nation's small business sector is expected to create 70 percent of the new jobs in the United States in 1993; (3) a severe credit crunch is denying small businesses the capital necessary to hire new workers and to grow; and (4) the cumulative burden of unnecessary Federal banking regulations has served as a disincentive for small community banks to lend to small businesses. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions shall apply: (1) Incorporated definitions.--The terms ``appropriate Federal banking agency'', ``bank'', ``insured depository institution'', and ``savings association'' have the same meanings as in section 3 of the Federal Deposit Insurance Act. (2) Regulatory impact analysis.--The term ``regulatory impact analysis'' means a review of the potential costs and benefits to society of a proposed regulation, and in particular, the costs to small banks and their customers. (3) Small bank.--The term ``small bank'' means a bank or savings association with total assets of less than $400,000,000. SEC. 4. CAPITAL REQUIREMENT FLEXIBILITY. Section 38(a)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1831o(a)(2)) is amended to read as follows: ``(2) Prompt corrective action required; factors to consider.--Each appropriate Federal banking agency and the Corporation (acting in the Corporation's capacity as the insurer of depository institutions under this Act) shall take prompt corrective action to resolve the problems of an insured depository institution after taking into consideration, in addition to the other criteria described in this section-- ``(A) the management expertise of the directors, officers, and employees of the insured depository institution; ``(B) any recent earnings history that suggests an improvement in the financial condition of the insured depository institution; ``(C) the quality of the assets held by the insured depository institution; and ``(D) the potential disruption to the local economy if the insured depository institution is closed or otherwise made subject to sanctions by Federal regulators.''. SEC. 5. NEW FEDERAL BANKING REGULATIONS SUBJECT TO REGULATORY IMPACT ANALYSIS. (a) Regulatory Impact Analysis.-- (1) In general.--Notwithstanding any other provision of law, no new regulation shall be promulgated by an appropriate Federal banking agency until such agency has conducted a regulatory impact analysis and concluded that the benefits of the proposed regulation outweigh the costs of implementing and complying with the regulation, including the particular benefits and costs of compliance with the proposed regulation for small banks. (2) Definition.--For purposes of this subsection, a regulation shall be considered to be ``new'' if it is promulgated, modified, amended, or reissued on or after the date of enactment of this Act. (b) Costs.--In reviewing the costs of implementing and complying with a proposed regulation under subsection (a), the appropriate Federal banking agency shall consider the impact of the proposed regulation on-- (1) the national economy (including the potential for job creation); (2) consumers; (3) small businesses; (4) small banks (including administrative and personnel costs); (5) other users of financial services; and (6) new paperwork and documentation requirements. (c) Benefits.--In reviewing the benefits of a proposed regulation under subsection (a), the appropriate Federal banking agency shall consider the benefits of the proposed regulation to-- (1) the public; (2) taxpayers; and (3) the overall safety and soundness of the Nation's banking system. (d) Easing Burden on Small Banks.--In conducting the regulatory impact analysis under subsection (a), the appropriate Federal banking agency shall consider including in the proposed regulation a provision that eases the regulatory burden on small banks, including special compliance provisions. (e) Estimate Required.--The regulatory impact analysis required by subsection (a) shall include an estimate of the number of small banks and small businesses that will be affected by the regulation. SEC. 6. REVIEW OF STATUTORY AND REGULATORY PROVISIONS AFFECTING SMALL BANKS. (a) In General.--Each appropriate Federal banking agency shall conduct a thorough review and evaluation of all-- (1) statutory provisions affecting small banks; and (2) regulatory provisions affecting small banks that have been promulgated by such appropriate Federal banking agency. (b) Review.--The review conducted pursuant to subsection (a) shall include-- (1) an analysis of the purposes of the provision; (2) the effectiveness of the provision in achieving such purposes; (3) whether any other provision provides an alternative or duplicative means of achieving those purposes; (4) the cost imposed by compliance with such provisions upon insured depository institutions and consumers; and (5) the relationship between such provision, compliance costs, and the availability of credit in the United States. (c) Suspension.--If an appropriate Federal banking agency makes a determination described in subsection (d), the appropriate Federal banking agency shall-- (1) not later than 90 days after the date of enactment of this Act, submit a written recommendation to the Congress to suspend the applicability of any law that affects small banks (or any portion thereof); and (2) not later than 30 days after the date of enactment of this Act, suspend the applicability of any Federal regulation or guideline promulgated by such appropriate Federal banking agency that affects small banks (or any portion thereof). (d) Determination.--For the purpose of subsection (c), a determination is described in this subsection if it is a determination by an appropriate Federal banking agency that-- (1) the law, regulation, or guideline has already accomplished its goal and is therefore no longer necessary; (2) the law, regulation, or guideline is not as effective in achieving its intended purpose as other available alternatives that would impose lesser costs on small banks, their customers, or the economy; (3) the cost of compliance with the law, regulation, or guideline outweighs the potential benefits sought to be accomplished by the law, regulation, or guideline; or (4) the law, regulation, or guideline has an adverse impact on the availability of credit in the United States which substantially outweighs the benefits sought to be accomplished by the law, regulation, or guideline. (e) Publication and Effective Date.--Any suspension of the applicability of any Federal regulation or guideline pursuant to subsection (c)(2) shall be published in the Federal Register, and shall become effective 30 days after the date of such publication, unless the appropriate Federal banking agency, for good cause, determines that a shorter period is necessary and in the public interest. (f) Consultation and Notification.-- (1) Consultation.--In making a determination under subsection (d), the appropriate Federal banking agency shall consult with the Secretary of the Treasury, the Chairperson of the Federal Deposit Insurance Corporation, the Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Director of the Office of Thrift Supervision. (2) Notification.--The appropriate Federal banking agency shall notify the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives prior to suspending the applicability of a regulation or guideline under subsection (c)(2). (g) Restriction.--Nothing in this section authorizes an appropriate Federal banking agency to recommend the suspension of any law, or to suspend any regulation or guideline-- (1) that is necessary for the safe and sound operation of insured depository institutions; or (2) that-- (A) prohibits discrimination in the provision of financial services based on race, sex, national origin, marital status, or age; (B) relates directly to the conduct of monetary policy; or (C) pertains to an enforcement proceeding or supervisory action with respect to a particular institution or party. SEC. 7. REAL ESTATE APPRAISALS. Section 1112(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3341(b)) is amended by inserting ``, which shall be not less than $250,000,'' after ``establish a threshold level''. SEC. 8. TRUTH IN LENDING ACT. Section 104 of the Truth in Lending Act (15 U.S.C. 1603) is amended by adding at the end the following new paragraph: ``(7) Credit transactions involving a bank or savings association with total assets of less than $400,000,000, and a consumer who had individual income of more than $200,000 in each of the 2 most recent years, or who, at the time of the transaction, has an individual net worth of more than $1,000,000.''. SEC. 9. COMMUNITY REINVESTMENT ACT. (a) Paperwork Reduction.--Section 804(a) of the Community Reinvestment Act of 1977 (12 U.S.C. 2903(a)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(3) minimize the regulatory paperwork burden and costs to small banks associated with compliance with this title.''. (b) Applications.--Section 804(a) of the Community Reinvestment Act of 1977 (12 U.S.C. 2903(a)) is amended by adding at the end the following: ``The appropriate Federal financial supervisory agency shall not deny an application for a deposit facility by a regulated financial institution having total assets of less than $400,000,000 on the basis of such institution's compliance with this Act if the institution received a rating on its last evaluation under this section of `Outstanding' in its record of meeting community credit needs, as provided in section 807(b).''. (c) Paperwork Reduction for Small Banks.--The Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is amended by adding at the end the following new section: ``SEC. 809. SMALL BANKS. ``(a) `Outstanding' Rating.-- ``(1) Paperwork reduction.--Except as provided in paragraph (2), a regulated financial institution that-- ``(A) receives a rating under section 804 of `Outstanding record of meeting community credit needs', as provided in section 807(b); and ``(B) has total assets of less than $400,000,000; shall be exempt from any documentation requirements of this title. ``(2) New documentation regulations.--Not later than 30 days after the date of enactment of this section, the appropriate Federal financial supervisory agency shall promulgate documentation requirements for the regulated financial institutions described in paragraph (1). Such regulations shall substantially reduce or eliminate the paperwork requirements imposed on such regulated financial institutions. ``(3) Disclosure of evaluation criteria.--Not later than 30 days after the date of enactment of this section, the appropriate Federal financial supervisory agency shall disclose to each regulated financial institution, in detail, the specific criteria an insured financial institution must satisfy in order to secure a rating of `Outstanding' on an evaluation under section 807(b). ``(b) `Substantial Noncompliance' Rating.--A regulated financial institution that receives a rating under section 804 of `Substantial noncompliance in meeting community credit needs', as provided in section 807(b), for 2 or more consecutive years, and has total assets of less than $400,000,000 shall be-- ``(1) subject to a civil penalty assessed by the appropriate Federal financial supervisory agency in an amount not to exceed $20,000; and ``(2) required to enter into a written agreement with the appropriate Federal financial supervisory agency to improve the institution's ability to ascertain and to help meet the credit needs of its local community.''. SEC. 10. PAPERWORK REDUCTION STUDY. Not later than 18 months after the date of enactment of this Act, each appropriate Federal banking agency, in consultation with insured depository institutions and other interested parties, shall-- (1) review the extent to which this Act has-- (A) reduced unnecessary internal written policies; and (B) eliminated such policies, where appropriate, while maintaining the applicable safety and soundness requirements; and (2) issue a recommendation as to whether the provisions of this Act should be extended beyond the sunset date established in section 11. SEC. 11. SUNSET PROVISION. The provisions of this Act and the amendments made by this Act shall remain in effect for a period of 3 years beginning on the date of enactment of this Act.", "summary": "Small Business Assistance and Credit Crunch Relief Act of 1993 - Amends the Federal Deposit Insurance Act to require each appropriate Federal banking agency and the Federal Deposit Insurance Corporation (FDIC) to take into consideration, in resolving the problems of an insured depository institution, the potential disruption to the local economy if the institution is closed or otherwise subjected to sanctions by Federal regulators. Prohibits such an agency from promulgating any new regulation until it has conducted a regulatory impact analysis and concluded that the regulation's benefits outweigh its costs, including the benefits and costs for small banks (those with total assets of less than $400 million). Directs each agency to conduct a thorough review and evaluation of all: (1) statutory provisions affecting small banks; and (2) regulatory provisions affecting such banks that have been promulgated by such agency. Provides for the suspension of regulations determined to be no longer necessary or ineffective and for the submission to the Congress of a recommendation to suspend the applicability of any Federal law that affects small banks. Requires publication of such suspensions in the Federal Register and appropriate consultation for such determinations. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to raise from $100,000 to $250,000 the threshold for licensed or certified real estate appraisals on small business loans. Amends the Community Reinvestment Act of 1977 to require the minimization of regulatory paperwork burden and costs of compliance under such Act for small banks with the highest (outstanding) compliance rating as determined under such Act. Exempts small banks rated \"outstanding\" from any documentation requirements. Outlines penalties and documentation requirements for small banks receiving a \"substantial noncompliance\" rating. Requires each appropriate Federal banking agency to: (1) review the extent to which this Act has reduced and eliminated unnecessary internal written policies; and (2) issue a recommendation as to whether this Act should be extended beyond the sunset date of three years after its enactment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2011''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Hereditary hemorrhagic telangiectasia (``HHT'') is a largely undiagnosed or misdiagnosed vascular genetic bleeding disorder that causes abnormalities of the blood vessels. A person with HHT has the tendency to form blood vessels that lack the capillaries between an artery and vein. HHT can cause spontaneous hemorrhage or stroke when brain or lung arteriovenous malformations, which are tangled blood vessels, rupture unexpectedly in all age groups. In addition to hemorrhagic stroke, embolic stroke, and brain abscess occur in approximately 30 percent of individuals with HHT caused by artery-vein malformations in the lung (due to lack of capillaries between the arterial and venous systems which prevent or normally filter out clots and bacteria), causing disability and sudden premature death. (2) One in 5,000 American children and adults suffer from HHT. (3) Studies have found an increase in morbidity and mortality rate for individuals who suffer from HHT. (4) Due to the widespread lack of knowledge, accurate diagnosis, and appropriate intervention, 90 percent of HHT- affected families are at risk for preventable life-threatening and disabling medical incidents such as stroke. (5) Early detection, screening, and treatment can prevent premature deaths, spontaneous hemorrhage, hemorrhagic stroke, embolic stroke, brain abscess, and other long-term health care complications resulting from HHT. (6) HHT is an important health condition with serious health consequences which are amenable to early identification and diagnosis with suitable tests, and acceptable and available treatments in established treatment centers. (7) Timely identification and management of HHT cases is an important public health objective because it will save lives, prevent disability, and reduce direct and indirect health care costs expenditures. (8) Without a new program for early detection, screening, and treatment, 14,000 children and adults who suffer from HHT in the population today will suffer premature death and disability. SEC. 3. PURPOSE. The purpose of this Act is to create a federally led and financed initiative for early diagnosis and appropriate treatment of hereditary hemorrhagic telangiectasia that will result in the reduction of the suffering of families, prevent premature death and disability, and lower health care costs through proven treatment interventions. SEC. 4. NATIONAL INSTITUTES OF HEALTH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. HEREDITARY HEMORRHAGIC TELANGIECTASIA. ``(a) HHT Initiative.-- ``(1) Establishment.--The Secretary shall establish and implement an HHT initiative to assist in coordinating activities to improve early detection, screening, and treatment of people who suffer from HHT. Such initiative shall focus on-- ``(A) advancing research on the causes, diagnosis, and treatment of HHT, including through the conduct or support of such research; and ``(B) increasing physician and public awareness of HHT. ``(2) Consultation.--In carrying out this subsection, the Secretary shall consult with the Director of the National Institutes of Health and the Director of the Centers for Disease Control and Prevention. ``(b) HHT Coordinating Committee.-- ``(1) Establishment.--Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Director of the National Institutes of Health, shall establish a committee to be known as the HHT Coordinating Committee. ``(2) Membership.-- ``(A) In general.--The members of the Committee shall be appointed by the Secretary, in consultation with the Director of the National Institutes of Health, and shall consist of 12 individuals who are experts in HHT or arteriovenous malformation (AVM) as follows: ``(i) Four representatives of HHT Treatment Centers of Excellence designated under section 317U(c)(1). ``(ii) Four experts in vascular, molecular, or basic science. ``(iii) Four representatives of the National Institutes of Health. ``(B) Chair.--The Secretary shall designate the Chair of the Committee from among its members. ``(C) Interim members.--In place of the 4 members otherwise required to be appointed under paragraph (2)(A)(i), the Secretary may appoint 4 experts in vascular, molecular, or basic science to serve as members of the Committee during the period preceding designation and establishment of HHT Treatment Centers of Excellence under section 317U. ``(D) Publication of names.--Not later than 30 days after the establishment of the Committee, the Secretary shall publish the names of the Chair and members of the Committee on the Website of the Department of Health and Human Services. ``(E) Terms.--The members of the Committee shall each be appointed for a 3-year term and, at the end of each such term, may be reappointed. ``(F) Vacancies.--A vacancy on the Committee shall be filled by the Secretary in the same manner in which the original appointment was made. ``(3) Responsibilities.--The Committee shall develop and coordinate implementation of a plan to advance research and understanding of HHT by-- ``(A) conducting or supporting basic, translational, and clinical research on HHT across the relevant national research institutes, national centers, and offices of the National Institutes of Health, including the National Heart, Lung, and Blood Institute; the National Institute of Neurological Disorders and Stroke; the National Institutes of Diabetes and Digestive and Kidney Diseases; the Eunice Kennedy Shriver National Institute of Child Health and Human Development; the National Cancer Institute; and the Office of Rare Diseases; and ``(B) conducting evaluations and making recommendations to the Secretary, the Director of the National Institutes of Health, and the Director of the National Cancer Institute regarding the prioritization and award of National Institutes of Health research grants relating to HHT, including with respect to grants for-- ``(i) expand understanding of HHT through basic, translational, and clinical research on the cause, diagnosis, prevention, control, and treatment of HHT; ``(ii) training programs on HHT for scientists and health professionals; and ``(iii) HHT genetic testing research to improve the accuracy of genetic testing. ``(c) Definitions.--In this section: ``(1) The term `Committee' means the HHT Coordinating Committee established under subsection (b). ``(2) The term `HHT' means hereditary hemorrhagic telangiectasia.''. SEC. 5. CENTERS FOR DISEASE CONTROL AND PREVENTION. Part B of title III of the Public Health Service Act is amended by inserting after section 317T (42 U.S.C. 247b-22) the following: ``SEC. 317U. HEREDITARY HEMORRHAGIC TELANGIECTASIA. ``(a) In General.--With respect to hereditary hemorrhagic telangiectasia (in this section referred to as `HHT'), the Director of the Centers for Disease Control and Prevention (in this section referred to as the `Director') shall carry out the following activities: ``(1) The conduct of population screening described in subsection (c). ``(2) The identification and conduct of investigations to further develop and support guidelines for diagnosis of, and intervention for, HHT, including cost-benefit studies. ``(3) The development of a standardized survey and screening tool on family history. ``(4) The establishment, in collaboration with a voluntary health organization representing HHT families, of an HHT resource center within the Centers for Disease Control and Prevention to provide comprehensive education on, and disseminate information about, HHT to health professionals, patients, industry, and the public. ``(5) The conduct or support of public awareness programs in collaboration with medical, genetic, and professional organizations to improve the education of health professionals about HHT. ``(b) Collaborative Approaches.--The Director shall carry out this section through collaborative approaches within the National Center on Birth Defects and Developmental Disabilities and the Division for Heart Disease and Stroke Prevention of the Centers for Disease Control and Prevention. ``(c) Population Screening.--In carrying out population screening under subsection (a)(1), the Director shall-- ``(1) designate and provide funding for a sufficient number of HHT Treatment Centers of Excellence to improve patient access to information, treatment, and care by HHT experts; ``(2) conduct surveillance through a regional population study, supplemented by sentinel health care provider or center surveillance, and administrative database analyses as useful to accurately identify-- ``(A) the prevalence of HHT; and ``(B) the prevalence of hemorrhagic and embolic stroke and brain abscess, resulting from HHT; ``(3) include HHT screening questions in the Behavioral Risk Factor Surveillance System survey conducted by the Centers for Disease Control and Prevention in order to screen a broader population and more accurately determine the prevalence of HHT; ``(4) disseminate data collected under paragraph (2)(B) to the Paul Coverdell National Acute Stroke Registry, to be utilized for analyses of natural history of hemorrhagic and embolic stroke in HHT, and to develop screening and artery-vein malformation treatment guidelines specific to prevention of complications from HHT; ``(5) develop and implement programs, targeted for physicians and health care professional groups likely to be accessed by families with HHT, to increase HHT diagnosis and treatment rates through the-- ``(A) establishment of a partnership with HHT Treatment Centers of Excellence designated under paragraph (1) through the creation of an international database of patients assessed at such HHT Treatment Centers of Excellence (including with respect to phenotype information, genotype information, transfusion dependence, and radiological findings); ``(B) integration of such database with the universal data collection system used by the Centers for monitoring hemophilia with the blood disorders and the Paul Coverdell National Acute Stroke Registry; and ``(C) inclusion of other medical providers who treat HHT patients; and ``(6) use existing administrative databases on non-HHT Treatment Center of Excellence patients to learn about the natural history of HHT, the efficacy of various treatment modalities, and to better inform and develop screening and treatment guidelines associated with improvement in health care outcomes, and research priorities relevant to HHT. ``(d) Eligibility for Designation as HHT Treatment Center of Excellence.--In carrying out subsection (c)(1), the Director may designate as an HHT Treatment Center of Excellence only academic health centers demonstrating each of the following: ``(1) The academic health center possesses a team of medical experts capable of providing comprehensive evaluation, treatment, and education to individuals with known or suspected HHT and their health care providers. ``(2) The academic health center has sufficient personnel with knowledge about HHT, or formal collaboration with partnering organizations for personnel or resources, to be able to-- ``(A) respond in a coordinated, multidisciplinary way to patient inquiries; and ``(B) coordinate evaluation, treatment, and education of patients and their families in a timely manner. ``(3) The academic health center has the following personnel, facilities, and patient volume: ``(A) A medical director with-- ``(i) specialized knowledge of the main organ manifestations of HHT; and ``(ii) the ability to coordinate the multidisciplinary diagnosis and treatment of patients referred to the center. ``(B) Administrative staff with-- ``(i) sufficient knowledge to respond to patient inquiries and coordinate patient care in a timely fashion; and ``(ii) adequate financial support to allow the staff to commit at least 25 to 50 percent of their time on the job to HHT. ``(C) An otolaryngologist with experience and expertise in the treatment of recurrent epistaxis in HHT patients. ``(D) An interventional radiologist with experience and expertise in the treatment of pulmonary arteriovenous malformations (AVM). ``(E) A genetic counselor or geneticist with the expertise to provide HHT-specific genetic counseling to patients and families. ``(F) On-site facilities to screen for all major organ manifestations of HHT. ``(G) A patient volume of at least 25 new HHT patients per year. ``(H) Established mechanisms to coordinate surveillance and outreach with HHT patient advocacy organizations.''. SEC. 6. ADDITIONAL HEALTH AND HUMAN SERVICES ACTIVITIES. With respect to hereditary hemorrhagic telangiectasia (in this sec referred to as ``HHT''), the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall award grants on a competitive basis-- (1) for an analysis by grantees of the Medicare Provider Analysis and Review (MEDPAR) file to develop preliminary estimates on the total costs to the Medicare program under title XVIII of the Social Security Act for items, services, and treatments for HHT furnished to individuals with HHT who are entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title; and (2) to make recommendations regarding an enhanced data collection protocol to permit a more precise determination of the total costs described in paragraph (1). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--To carry out section 409K of the Public Health Service Act as added by section 4 of this Act, section 317U of the Public Health Service Act as added by section 5 of this Act, and section 6 of this Act, there is authorized to be appropriated $5,000,000 for each of fiscal years 2012 through 2016. (b) Resource Center.--Of the amount authorized to be appropriated under subsection (a) for each of fiscal years 2012 through 2016, $1,000,000 shall be for carrying out section 317U(a)(4) of the Public Health Service Act, as added by section 5 of this Act.", "summary": "Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish and implement a hereditary hemorrhagic telangiectasia (HHT, a vascular genetic bleeding disorder that causes abnormalities of the blood vessels) initiative to assist in coordinating activities to improve early detection, screening, and treatment of people who suffer from HHT, focusing on advancing research on the causes, diagnosis, and treatment of HHT and increasing physician and public awareness of HHT. Directs the Secretary to establish the HHT Coordinating Committee to develop and coordinate implementation of a plan to advance research and understanding of HHT, including by: (1) conducting or supporting research across relevant National Institutes of Health (NIH) institutes, and (2) conducting evaluations and making recommendations regarding the prioritization and award of NIH research grants relating to HHT. Requires the Director of the Centers for Disease Control and Prevention (CDC) to carry out activities with respect to HHT, including conducting population screening and establishing an HHT resource center to provide comprehensive education on, and disseminate information about, HHT to health professionals, patients, industry, and the public. Sets forth requirements for HHT population screening, including requiring the Director of CDC to designate and provide funding for HHT Treatment Centers of Excellence. Requires the Administrator of the Centers for Medicare & Medicaid Services (CMS) to award grants for: (1) an analysis of the Medicare Provider Analysis and Review (MEDPAR) file to develop preliminary estimates on the totals costs to Medicare for items, services, and treatments for HHT; and (2) recommendations regarding an enhanced data collection protocol to permit a more precise determination of such costs."}
{"article": "TITLE I--BIOTECHNOLOGICAL PROCESS PATENTS SEC. 101. CONDITIONS FOR PATENTABILITY; NONOBVIOUS SUBJECT MATTER. Section 103 of title 35, United States Code, is amended-- (1) in the first unnumbered paragraph by inserting ``(a)'' before ``A patent''; (2) in the second unnumbered paragraph by inserting ``(b)'' before ``Subject matter''; and (3) by adding at the end thereof the following new subsections: ``(c) Notwithstanding any other provision of this section, a claimed process of making or using a machine, manufacture, or composition of matter is not obvious under this section if-- ``(1) the machine, manufacture, or composition of matter is novel under section 102 of this title and nonobvious under this section; ``(2) the claimed process is a biotechnological process as defined in subsection (d); and ``(3)(A) the machine, manufacture, or composition of matter, and the claimed process invention at the time it was made, were owned by the same person or subject to an obligation of assignment to the same person; and ``(B) claims to the process and to the machine, manufacture, or composition of matter-- ``(i) are entitled to the same effective filing date; and ``(ii) appear in the same patent application, different patent applications, or patent which is owned by the same person and which expires or is set to expire on the same date. ``(d) For purposes of this section, the term `biotechnological process' means any method of making or using living organisms, or parts thereof, for the purpose of making or modifying products. Such term includes recombinant DNA, recombinant RNA, cell fusion including hybridoma techniques, and other processes involving site specific manipulation of genetic material.''. SEC. 102. NO PRESUMPTION OF INVALIDITY. The first unnumbered paragraph of section 282 of title 35, United States Code, is amended by inserting after the second sentence ``A claim issued under the provisions of section 103(c) of this title on a process of making or using a machine, manufacture, or composition of matter shall not be held invalid under section 103 of this title solely because the machine, manufacture, or composition of matter is determined to lack novelty under section 102 of this title or to be obvious under section 103 of this title.''. SEC. 103. EFFECTIVE DATE. The amendments made by this title shall apply to all United States patents granted on or after the date of the enactment of this Act and to all applications for United States patents pending on or filed after such date of enactment, including any application for the reissuance of a patent. TITLE II--BIOTECHNOLOGICAL MATERIAL PATENTS SEC. 201. INFRINGEMENT BY IMPORTATION, SALE OR USE. (a) Infringement.--Section 271 of title 35, United States Code, is amended by adding at the end the following new subsection: ``(h) Whoever without authority imports into the United States or sells or uses within the United States a product which is made by using a biotechnological material (as defined under section 154(b)) which is patented in the United States shall be liable as an infringer if the importation, sale, or use of the product occurs during the term of such patent.''. (b) Contents and Term Patent.--Section 154 of title 35, United States Code, is amended-- (1) by inserting ``(a)'' before ``Every''; (2) by striking out ``in this title,'' and inserting in lieu thereof ``in this title (1)''; (3) by striking out ``and, if the invention'' and inserting ``(2) if the invention''; (4) by inserting after ``products made by that process,'' the following: ``and (3) if the invention is a biotechnological material used in making a product, of the right to exclude others from using or selling throughout the United States, or importing into the United States the product made or using such biotechnological material,''; and (5) by adding at the end thereof the following: ``(b) For purposes of this section, the term `biotechnological material' is defined as any material (including a host cell, DNA sequence, or vector) that is used in a biotechnological process as defined under section 103(d).''. (c) Effective Date.-- (1) In general.--The amendment made by this section shall take effect six months after the date of enactment of this Act and, subject to paragraph (2), shall apply only with respect to products made or imported after the effective date of the amendments made by this section. (2) Exceptions.--The amendments made by this section shall not abridge or affect the right of any person, or any successor to the business of such person-- (A) to continue to use, sell, or import products in substantial and continuous sale or use by such person in the United States on the date of enactment of this Act; or (B) to continue to use, sell, or import products for which substantial preparation by such person for such sale or use was made before such date, to the extent equitable for the protection of commercial investment made or business commenced in the United States before such date.", "summary": "TABLE OF CONTENTS: Title I: Biotechnological Process Patents Title II: Biotechnological Material Patents Title I: Biotechnological Process Patents - Amends Federal patent law to cite conditions under which a claimed process of making or using a machine, manufacture, or composition of matter is not obvious (thereby enhancing the patentability prospects of certain biotechnology processes). Establishes a presumption of validity with respect to a process claim even through a related product claim is invalidated (thus allowing a patentee to prove that the process claim is independently patentable from the product claim). Title II: Biotechnological Material Patents - Makes any unauthorized person who imports or sells a product made by using a biotechnological material that is patented in the United States liable for patent infringement. Includes within the terms of such patents the right to exclude others from using, selling, or importing such products throughout or into the United States. Establishes exceptions to such requirements to the extent suitable to protect commercial investment made or business commenced before the effective date of such amendments."}
{"article": "SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Enhanced Savings Opportunities Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EQUITABLE TREATMENT FOR CONTRIBUTIONS OF EMPLOYEES TO DEFINED CONTRIBUTION PLANS. (a) Equitable Treatment.-- (1) In general.--Subparagraph (B) of section 415(c)(1) (relating to limitation for defined contribution plans) is amended to read as follows: ``(B) the participant's compensation.'' (2) Conforming amendments.-- (A) Subsection (f) of section 72 is amended by striking ``section 403(b)(2)(D)(iii))'' and inserting ``section 403(b)(2)(D)(iii), as in effect on December 31, 1998)''. (B) Section 403(b) is amended-- (i) by striking ``the exclusion allowance for such taxable year'' in paragraph (I) and inserting ``the applicable limit under section 415'', (ii) by striking paragraph (2), and (iii) by inserting ``or any amount received by a former employee after the 5th taxable year following the taxable year in which such employee was terminated'' before the period at the end of the second sentence of paragraph (3). (C) Section 404(a)(10)(B) is amended by striking ``, the exclusion allowance under section 403(b)(2),''. (D) Section 415(a)(2) is amended by striking ``, and the amount of the contribution for such portion shall reduce the exclusion allowance as provided in section 403(b)(2)''. (E) Section 415(c)(3) is amended by adding at the end the following new subparagraph: ``(E) Annuity contracts.--In the case of an annuity contract described in section 403(b), the term `participant's compensation' means the participant's includible compensation determined under section 403(b)(3).'' (F) Section 415(c) is amended by striking paragraph (4). (G) Section 415(c)(7) is amended to read as follows: ``(7) Certain contributions by church plans not treated as exceeding limit.-- ``(A) In general.--Notwithstanding any other provision of this subsection, at the election of a participant who is an employee of a church, a convention or association of churches, including an organization described in section 414(e)(3)(B)(ii), contributions and other additions for an annuity contract or retirement income account described in section 403(b) with respect to such participant, when expressed as an annual addition to such participant's account, shall be treated as not exceeding the limitation of paragraph (1) if such annual addition is not in excess of $10,000. ``(B) $40,000 aggregate limitation.--The total amount of additions with respect to any participant which may be taken into account for purposes of this subparagraph for all years may not exceed $40,000. ``(C) Annual addition.--For purposes of this paragraph, the term `annual addition' has the meaning given such term by paragraph (2).'' (H) Section 415(e)(5) is amended-- (i) by striking ``(except in the case of a participant who has elected under subsection (c)(4)(D) to have the provisions of subsection (c)(4)(C) apply)'', and (ii) by striking the last sentence. (I) Section 415(n)(2)(B) is amended by striking ``percentage''. (J) Subparagraph (B) of section 402(g)(7) is amended by inserting before the period at the end the following: ``(as in effect on the date of the enactment of the Enhanced Savings Opportunity Act)''. (b) Special Rules for Sections 403(b) and 408.--Subsection (k) of section 415 is amended by adding at the end the following new paragraph: ``(4) Special rules for sections 403(b) and 408.--For purposes of this section, any annuity contract described in section 403(b) for the benefit of a participant shall be treated as a defined contribution plan maintained by each employer with respect to which the participant has the control required under subsection (b) or (c) of section 414 (as modified by subsection (h)). For purposes of this section, any contribution by an employer to a simplified employee pension plan for an individual for a taxable year shall be treated as an employer contribution to a defined contribution plan for such individual for such year.'' (c) Deferred Compensation Plans of State and Local Governments and Tax-Exempt Organizations.--Subparagraph (B) of section 457(b)(2) (relating to salary limitation on eligible deferred compensation plans'' is amended by striking ``33\\1/3\\ percent'' and inserting ``100 percent''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to years beginning after December 31, 1999. (2) Special rules for sections 403(b) and 408.--The amendment made by subsection (b) shall apply to limitation years beginning after December 31, 2000. SEC. 3. ELECTIVE DEFERRALS NOT TAKEN INTO ACCOUNT FOR PURPOSES OF LIMITS. (a) In General.--Section 404 is amended by adding at the end the following new subsection: ``(n) Elective Deferrals Not Taken Into Account for Purposes of Limits.--Elective deferrals (as defined in section 402(g)(3)) shall not be subject to any limitations described in this section (other than subsection (a)), and such elective deferrals shall not be taken into account in applying such limitations to any other contributions.'' (b) Effective Date.--The amendment made by this section shall apply to years beginning after December 31, 1999.", "summary": "Enhanced Savings Opportunities Act - Amends the Internal Revenue Code to permit maximum employee contributions to a defined contribution plan to be the lesser of either $30,000 or the participant's compensation, rather than the lesser of $30,000 or 25 percent of the participant's compensation. Makes conforming amendments regarding tax-exempt, educational, and State and local employee annuity plans. Excludes elective deferrals from such limits."}
{"article": "SECTION 1. SUSPENSION OF DUTY ON CERTAIN MANUFACTURING EQUIPMENT. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking headings 9902.84.81, 9902.98.83, 9902.84.85, 9902.84.87, 9902.84.89, and 9902.84.91, and insert in numerical sequence the following new headings: `` 9902.84.81 Shearing machines Free No change No change On or before 12/ used to cut 31/2005 metallic tissue certified for use in production of radial tires designed for off- the-highway use with a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8462.31.00 or subheading 8466.94.85)...... 9902.84.83 Machine tools for Free No change No change On or before 12/ working wire of 31/2005 iron or steel certified for use in production of radial tires, designed for off- the-highway use, and for use on a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8463.00)......... 9902.84.85 Extruders to be Free No change No change On or before 12/ used in 31/2005 production or radial tires designed for off- the-highway use with a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8477.20.00 or subheading 8477.90.85)...... 9902.84.87 Machinery for Free No change No change On or before 12/ molding, 31/2005 retreading, or otherwise forming uncured, unvulcanized rubber to be used in production of radial tires designed for off- the-highway use, with measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8477.51.00 or subheading 8477.90.85)...... 9902.84.89 Sector mold press Free No change No change On or before 12/ machines to be 31/2005 used in production of radial tires designed for off- the-highway use with a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8477.51.00 or subheading 7477.90.85)...... 9902.84.91 Sawing machines Free No change No change On or before 12/ certified for use 31/2005 '' in production of . radial tires designed for off- the-highway use with a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8465.91.00 or subheading 8466.92.50)...... (b) Effective Date.--The amendments made by subsection (a) apply to goods entered, or withdrawn from warehouse for consumption, on and after the date that is 15 days after the date of enactment of this Act.", "summary": "Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2005, the duty on certain tire manufacturing equipment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Underage Drinking Prevention Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) While underage drinking has been on the decline for more than 20 years, the consumption of beverage alcohol by underage youth is an ongoing national concern. According to the Substance Abuse and Mental Health Services Administration, 10.8 million Americans between the ages of 12 to 20 for whom alcohol is illegal report current alcohol use, approximately 28 percent of that age group. (2) Data from the National Academy of Sciences/Institute of Medicine, the Federal Trade Commission, the Century Council and the American Medical Association show that most youth who drink obtain alcohol primarily through noncommercial sources, such as family and friends. (3) According to research conducted by Teenage Research Unlimited (TRU) for the Century Council, 10-18 year olds say parents and school teachers should begin discussing the dangers and consequences of underage drinking with children by age 11. (4) The role of parents in reducing underage drinking, particularly among middle-school aged children, is critical. Numerous studies confirm the crucial role parents play in shaping the behavior and decisionmaking skills of their children. For example, a study reported in Health Education and Behavior, February 2001, suggests that parental involvement is associated with a 67 percent less likelihood of drinking. (5) The Surgeon General's 2007 Call to Action to Prevent and Reduce Underage Drinking recognizes that significant social transitions, such as moving from elementary school to middle school or from middle school to high school may increase the likelihood that adolescents will use alcohol, in part because they increase adolescent stress levels. Additionally, evidence shows that youth who spend more time engaged in volunteering, sports, music, academics and leadership are less likely to engage in risky behaviors, such as alcohol use. (6) According to a 2004 study published in the Journal of Adolescent Health, ``Adults' Approval and Adolescents' Alcohol Use,'' one in five teens reported drinking alcohol that was provided by a parent or a friend's parent at a party. Additionally, researchers found that such provision of alcohol significantly increased the likelihood of regular and binge drinking. (7) A 2003 report submitted to Congress by the National Academy of Sciences Institute of Medicine recommended that underage drinking cannot be successfully addressed by focusing on youth alone. Two out of three teens (aged 13 to 18) said it is easy to get alcohol from their homes without their parents knowing it. Thirty-three percent of teens responded that it is easy to obtain alcohol from their own parents (knowingly); this increases to 40 percent when it is from a friend's parent. (8) The Surgeon General's 2007 Call to Action to Prevent and Reduce Underage Drinking supports holding adults accountable for underage drinking at house parties, even when those adults are not at home. (9) In nearly 20 States, legislatures are considering bills to increase penalties for adults who provide alcohol to people under the age of 21. Those penalties include higher fines, driver's license suspensions and even jail. (10) The Surgeon General's 2007 Call to Action to Prevent and Reduce Underage Drinking includes the need for complete and timely information on patterns and trends in youth alcohol consumption in order to develop and evaluate prevention strategies. Additionally, reports from the General Accounting Office and the Department of Health and Human Services demonstrate the need for better data collection and effective evaluation of on-going programs. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that: (1) Understanding which programs are effective in reducing underage drinking will maximize scarce Federal resources and help the nation confront underage drinking in a more effective and cost-efficient manner and enable local communities to implement the most effective tactics to reduce underage drinking. (2) Evaluation is necessary. Therefore the Substance Abuse and Mental Health Services Administration should explore ways to expand and improve evaluation efforts while preserving and continuing current programs and funding in the interest of achieving maximum effectiveness. (3) The Substance Abuse and Mental Health Services Administration should continue to improve evaluation efforts and national outcome measures (NOMS) reporting in the Substance Abuse Prevention and Treatment Block Grant and other grant programs, when appropriate. (4) Federal agencies should strive to evaluate all federally funded underage drinking programs and modify programs as needed to reach maximum effectiveness in reducing underage drinking. SEC. 4. ENFORCEMENT AND PUBLIC EDUCATION GRANTS TO REDUCE SOCIAL SOURCES OF UNDERAGE DRINKING. (a) Purposes.--The purposes of this section are to-- (1) increase enforcement of underage drinking that occurs at house parties across the nation and instances of adults providing alcohol to people under age 21; (2) inform the public of the legal consequences of providing alcohol to people under the minimum drinking age of 21; (3) educate the public that the majority of people who drink underage are obtaining their alcohol from social sources such as family and friends; and (4) enhance, not supplant, effective local community initiatives for enforcing underage drinking laws. (b) Authorization of Program.-- (1) In general.--The Director of the Office of Juvenile Justice and Delinquency Programs (in this section referred to as the ``Director'') shall award grants to States and units of local government to implement and evaluate enforcement and public education programs aimed at reducing the provision of alcohol by social sources to underage drinkers as part of the Enforcing Underage Drinking Laws Program. (2) Supplement, not supplant.--Funds provided under this section shall be used to supplement and not supplant funds expended for existing programs related to the prevention of underage drinking and the enforcement of underage drinking laws. (c) Eligibility.--To be eligible to receive a grant under subsection (a), a State or unit of local government, or a consortia of States or such units, shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require, which shall include-- (1) a description of the activities to be carried out under the grant; and (2) an assurance that the applicant will submit to the Director an annual report concerning the effectiveness of the programs and activities carried out under the grant. (d) Uses of Funds.--Each State or unit of local government that receives a grant under this section shall use the grant funds to carry out the activities described in the application submitted by such State or unit under subsection (c). (e) Administrative Expenses.--Not more than 6 percent of a grant awarded under this section may be expended for administrative expenses. (f) Definition.--In this section, the term ``social source'' means a noncommercial individual (including family members, friends or other individuals) who intentionally provide or serve alcohol to underage drinkers or knowingly allow underage drinking to occur on property they own, lease or otherwise control (recognizing that State laws do provide exceptions for some individuals under certain circumstances). (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 2008 and 2009, and such sums as may be necessary for each subsequent fiscal year. SEC. 5. IMPROVED DATA COLLECTION AND REPORTING. (a) In General.--The Secretary of Health and Human Services, in his role as Chair of the Interagency Coordinating Committee on the Prevention of Underage Drinking authorized in section 519B(c) of the Public Health Service Act (42 U.S.C. 290bb-25b(c)), shall work with members of such Committee to improve Federal collection of data related to underage drinking by ensuring that federally funded surveys related to underage drinking collect and report data in a consistent manner to accurately reflect underage drinking that allows users of such data to-- (1) compare the results of surveys conducted and reports issued by various entities; and (2) isolate such data with respect to the demographic category of individuals who are under the age of 21. (b) Establishment of Federal Data Collection Improvement Committee.-- (1) In general.--The Secretary of Health and Human Services, in his role as Chair of the Interagency Coordinating Committee on the Prevention of Underage Drinking, shall establish a Federal data improvement committee with representatives from each member of the Interagency Coordinating Committee. (2) Committee tasks.--In working to improve Federal data collection on underage drinking, the Federal data improvement committee under paragraph (1) shall undertake the following efforts in addition to any other tasks requested by the Secretary: (A) The committee shall review ways to preserve trend data while simultaneously increasing the consistency of data collection. (B) The Committee shall review all Federal data collected on underage drinking and ensure that all data collected allows for the demographic breakdown of data related to individuals who are under the age of 21. (C) The Committee shall review State data that is made available from research conducted or supported by States, that is gathered in whole or in part with the use of Federal funds to ensure timely reporting and publishing of State data on underage drinking. (D) The Committee shall consult with the Substance Abuse and Mental Health Services Administration to ensure continuation and expansion of work between State Epidemiological Work Groups and statewide advisory committees for the Strategic Prevention Framework State Incentive Grants in improving data collection on underage drinking. (E) The Committee shall establish short-term and long-term goals with respect to improving Federal data collection not later than one year after the date of the enactment of this Act. (F) The Committee shall consult with States, public and private entities (including institutions of higher education), public health and consumer organizations, the beverage alcohol industry, and other users of Federal data on underage drinking with respect to the use of such Federal data and recommendations for improvements to the collection and reporting of such Federal data. SEC. 6. GRANTS TO INCREASE PARENTAL INVOLVEMENT IN SCHOOL-BASED EFFORTS TO PREVENT UNDERAGE DRINKING. (a) Authorization of Program.-- (1) In general.--The Secretary of Education shall award grants on a competitive basis to local educational agencies to develop and implement innovative and effective programs to increase parental awareness and involvement in reducing underage drinking in elementary and secondary schools. (2) Supplement, not supplant.--Funds provided under this section shall be used to supplement and not supplant funds expended for the Safe and Drug-Free Schools and Communities Act. (b) Eligibility.--To be eligible to receive a grant under subsection (a), a local educational agency shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- (1) a description of the activities to be carried out under the grant; (2) an assurance that such activities will meet the principles of effectiveness described in section 4115 of the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7115); and (3) an assurance that the applicant will evaluate its program and submit a report to the Secretary concerning the effectiveness of the programs and activities carried out under the grant. (c) Highlight Existing Effective Programs.--The Secretary shall identify existing, effective, national programs that increase interaction between parents and children to prevent underage drinking, and shall disseminate information on those programs to local educational agencies as model programs for replication at the local level. (d) Administrative Expenses.--Not more than 6 percent of a grant awarded under this section may be expended for administrative expenses. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2008 and 2009, and such sums as may be necessary for each subsequent fiscal year.", "summary": "Underage Drinking Prevention Act of 2007 - Expresses the sense of Congress that: (1) understanding which programs are effective in reducing underage drinking will maximize scarce federal resources and help confront underage drinking in a more effective, cost-efficient manner; (2) the Substance Abuse and Mental Health Services Administration should explore ways to expand and improve evaluation efforts; and (3) federal agencies should strive to evaluate all federally funded underage drinking programs and modify programs as needed to reach maximum effectiveness. Requires the Director of the Office of Juvenile Justice and Delinquency Programs to award grants to states and local governments to implement and evaluate enforcement and public education programs aimed at reducing the provision of alcohol by social sources to underage drinkers as part of the Enforcing Underage Drinking Laws Program. Directs the Secretary of Health and Human Services, as Chair of the Interagency Coordinating Committee on the Prevention of Underage Drinking, to: (1) work with members of that Committee to improve federal data collection by ensuring that federally funded surveys related to underage drinking collect and report data in a consistent manner; and (2) establish a federal data improvement committee. Requires the Secretary of Education to: (1) award grants on a competitive basis to local educational agencies to develop and implement innovative and effective programs to increase parental awareness and involvement in reducing underage drinking in elementary and secondary schools; and (2) identify existing, effective, national programs that increase parent-child interaction to prevent underage drinking and disseminate that information to such agencies for replication at the local level."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Directing Dollars to Disaster Relief Act of 2015''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``administrative cost''-- (A) means a cost incurred by the Agency in support of the delivery of disaster assistance for a major disaster; and (B) does not include a cost incurred by a grantee or subgrantee; (2) the term ``Administrator'' means the Administrator of the Agency; (3) the term ``Agency'' means the Federal Emergency Management Agency; (4) the term ``direct administrative cost'' means a cost incurred by a grantee or subgrantee of a program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that can be identified separately and assigned to a specific project; (5) the term ``hazard mitigation program'' means the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); (6) the term ``individual assistance program'' means the individual assistance grant program authorized under sections 408, 410, 415, 416, 426, and 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174, 5177, 5182, 5183, 5189d, and 5192(a)); (7) the term ``major disaster'' means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); (8) the term ``mission assignment'' has the meaning given the term in section 641 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741); and (9) the term ``public assistance program'' means the public assistance grant program authorized under sections 403(a)(3), 406, 418, 419, 428, and 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)(3), 5172, 5185, 5186, 5189f, and 5192(a)). SEC. 3. INTEGRATED PLAN FOR ADMINISTRATIVE COST REDUCTION. (a) In General.--Not later than 365 days after the date of enactment of this Act, the Administrator shall-- (1) develop and implement an integrated plan to control and reduce administrative costs for major disasters, which shall include-- (A) steps the Agency will take to reduce administrative costs; (B) milestones needed for accomplishing the reduction of administrative costs; (C) strategic goals for the average annual percentage of administrative costs of major disasters for each fiscal year; (D) the assignment of clear roles and responsibilities, including the designation of officials responsible for monitoring and measuring performance; and (E) a timetable for implementation; (2) compare the costs and benefits of tracking the administrative cost data for major disasters by the public assistance, individual assistance, hazard mitigation, and mission assignment programs, and if feasible, track this information; and (3) clarify Agency guidance and minimum documentation requirements for a direct administrative cost claimed by a grantee or subgrantee of a public assistance grant program. (b) Congressional Update.--Not later than 90 days after the date of enactment of this Act, the Administrator shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the plan required to be developed under subsection (a)(1). (c) Updates.--If the Administrator modifies the plan or the timetable under subsection (a), the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report notifying Congress of the modification, which shall include the details of the modification. SEC. 4. REPORTING REQUIREMENT. (a) Annual Report.--Not later than November 30 of each year for 7 years beginning on the date of enactment of this Act, the Administrator shall submit to Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the development and implementation of the integrated plan required under section 3 for the previous fiscal year. (b) Report Updates.-- (1) Three year update.--Not later than 3 years after the date on which the Administrator submits a report under subsection (a), the Administrator shall submit an updated report for the previous 3-fiscal-year period. (2) Five year update.--Not later than 5 years after the date on which the Administrator submits a report under subsection (a), the Administrator shall submit an updated report for the previous 5- fiscal-year period. (c) Contents of Reports.--Each report required under subsections (a) and (b) shall contain, at a minimum-- (1) the total amount spent on administrative costs for the fiscal year period for which the report is being submitted; (2) the average annual percentage of administrative costs for the fiscal year period for which the report is being submitted; (3) an assessment of the effectiveness of the plan developed under section 3(a)(1); (4) an analysis of-- (A) whether the Agency is achieving the strategic goals established under section 3(a)(1)(C); and (B) in the case of the Agency not achieving such strategic goals, what is preventing the Agency from doing so; (5) any actions the Agency has identified as useful in improving upon and reaching the goals for administrative costs established under section 3(a)(1)(C); and (6) any data described in section 3(a)(2), if the Agency determines it is feasible to track such data. (d) Public Availability.--Not later than 30 days after the date on which the Administrator submits a report to Congress under this section, the Administrator shall make the report publicly available on the website of the Agency. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the Senate on February 9, 2016. Directing Dollars to Disaster Relief Act of 2015 (Sec. 3) This bill directs the Federal Emergency Management Agency (FEMA) to: develop and implement an integrated plan to control and reduce administrative costs incurred by FEMA in support of the delivery of assistance for major disasters; compare the costs and benefits of tracking the administrative cost data for major disasters by the public assistance, individual assistance, hazard mitigation, and mission assignment programs; track such information; and clarify FEMA guidance and minimum documentation requirements for a direct administrative cost claimed by a grantee or subgrantee of a public assistance grant program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (Sec. 4) FEMA must submit to Congress, by November 30 of each year for seven years beginning on the date of this Act's enactment, and make publicly available on its website, a report on the development and implementation of the plan for the previous fiscal year, with three-year and five-year updates. Each report shall contain: the total amount spent on administrative costs and the average annual percentage of administrative costs for the fiscal year period for which the report is being submitted; an assessment of the effectiveness of the plan; an analysis of whether FEMA is achieving its strategic goals for the average annual percentage of administrative costs of major disasters for each fiscal year and, in the case of it not achieving such goals, what is preventing it from doing so; any actions FEMA has identified as useful in improving upon and reaching those goals; and any administrative cost data for major disasters, if FEMA determines it is feasible to track such data."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Children First Act of 2010''. SEC. 2. EXCLUSION OF CHILD CARE FROM THE DEFINITION OF TANF ASSISTANCE. Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)) is amended by adding at the end the following: ``(H) Limitation on meaning of `assistance' for families receiving child care.--For purposes of subparagraph (A), any funds provided under this part that are used to provide child care for a family during a month under the State program funded under this part shall not be considered assistance under the program.''. SEC. 3. INCREASE IN FUNDING FOR CHILD CARE. Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) is amended-- (1) by striking the period at the end of subparagraph (G) and inserting a semicolon; and (2) by adding at the end the following: ``(H) $3,717,000,000 for fiscal year 2011; ``(I) $3,773,000,000 for fiscal year 2012; ``(J) $3,841,000,000 for fiscal year 2013; ``(K) $3,917,000,000 for fiscal year 2014; and ``(L) $3,996,000,000 for fiscal year 2015.''. SEC. 4. APPLICABILITY OF STATE OR LOCAL HEALTH AND SAFETY STANDARDS TO OTHER TANF CHILD CARE SPENDING. Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following: ``(8) Certification of procedures to ensure that child care providers comply with applicable state or local health and safety standards.--A certification by the chief executive officer of the State that procedures are in effect to ensure that any child care provider in the State that provides services funded through expenditures under this part or with qualified State expenditures complies with all applicable State or local health and safety requirements as described in section 658E(c)(2)(F) of the Child Care and Development Block Grant Act of 1990.''. SEC. 5. AVAILABILITY OF CHILD CARE FOR PARENTS REQUIRED TO WORK. Section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2)) is amended-- (1) by inserting ``or other individual with custody'' after ``parent''; and (2) by striking ``6'' and inserting ``13''. SEC. 6. APPLICATION OF CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990 REPORTING RULES TO TANF FUNDS EXPENDED FOR CHILD CARE. (a) In General.--Section 411(a) of the Social Security Act (42 U.S.C. 611(a)) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6), the following: ``(7) Application of child care and development block grant act of 1990 reporting rules to funds expended for child care.-- Any funds provided under this part that are expended for child care, whether or not transferred to the Child Care and Development Block Grant Act of 1990, shall be subject to the individual and case data reporting requirements imposed under that Act and need not be included in the report required by paragraph (1) for a fiscal quarter.''. (b) Conforming Amendment.--Section 411(a)(1)(A)(ix) of such Act (42 U.S.C. 611(a)(1)(A)(ix)) is amended by striking ``supplemental nutrition assistance program benefits, or subsidized child care, and if the latter 2,'' and inserting ``or supplemental nutrition assistance program benefits, and if the latter,''. SEC. 7. EFFECTIVE DATE. (a) In General.--Subject to subsections (b) and (c), the amendments made by this Act shall take effect on October 1, 2010, and shall apply to payments under part A of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Application of Reporting Rules.--The amendments made by section 6 shall take effect on October 1, 2011. (c) Delay Permitted if State Legislation Required.--In the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.", "summary": "Children First Act of 2010 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to: (1) exclude child care assistance from the determination of the five-year limit on TANF assistance; and (2) increase funding for child care. Requires an eligible state's TANF plan to include a certification by the state's chief executive officer that procedures are in effect to ensure that any child care provider in the state that provides services funded through TANF expenditures or with qualified state expenditures complies with all applicable state or local health and safety requirements under the Child Care and Development Block Grant Act of 1990. Increases from 5 to 12 the maximum age of a child for which a single custodial parent who is unable to find child care for such child will not penalized with a reduction or termination of TANF assistance based on that individual's refusal to engage in required work in order to take care of the child. Subjects to the individual and case data reporting requirements of the Child Care and Development Block Grant Act of 1990 any TANF funds expended for child care, whether or not transferred to that Act, and exempts such funds from SSA reporting requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Biometric Identity Management Authorization Act of 2018'' or the ``OBIM Authorization Act of 2018''. SEC. 2. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY MANAGEMENT. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section: ``SEC. 710. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT. ``(a) Establishment.--The Office of Biometric Identity Management is established within the Management Directorate of the Department. ``(b) Director.-- ``(1) In general.--The Office of Biometric Identity Management shall be administered by the Director of the Office of Biometric Identity Management (in this section referred to as the `Director') who shall report to the Secretary, or to another official of the Department, as the Secretary may direct. ``(2) Qualifications and duties.--The Director shall-- ``(A) have significant professional management experience, as well as experience in the field of biometrics and identity management; ``(B) lead the Department's biometric identity services to support anti-terrorism, counter-terrorism, border security, credentialing, national security, and public safety; ``(C) enable operational missions across the Department by receiving, matching, storing, sharing, and analyzing biometric and associated biographic and encounter data; ``(D) deliver biometric identity information and analysis capabilities to-- ``(i) the Department and its components; ``(ii) appropriate Federal, State, local, and tribal agencies; ``(iii) appropriate foreign governments; and ``(iv) appropriate private sector entities; ``(E) support the law enforcement, public safety, national security, and homeland security missions of other Federal, State, local, and tribal agencies, as appropriate; ``(F) manage the operation of the Department's primary biometric repository and identification system; ``(G) manage Biometric Support Centers to provide biometric identification and verification analysis and services to the Department, appropriate Federal, State, local, and tribal agencies, appropriate foreign governments, and appropriate private sector entities; ``(H) oversee the implementation of Department-wide standards for biometric conformity, and work to make such standards Government-wide; ``(I) in coordination with the Department's Office of Policy Strategy, Policy, and Plans, and in consultation with relevant component offices and headquarters offices, enter into data sharing agreements with appropriate Federal, State, local, and foreign agencies to support immigration, law enforcement, national security, and public safety missions; ``(J) maximize interoperability with other Federal, State, local, and foreign biometric systems, as appropriate; ``(K) ensure the activities of the Office of Biometric Identity Management are carried out in compliance with the policies and procedures established by the Privacy Officer appointed under section 222; and ``(L) consult with the Office for Civil Rights and Civil Liberties of the Department about biometric technologies that may result in disparities in the treatment of individuals on the basis of their race or ethnicity; and ``(L)(M) carry out other duties and powers prescribed by law or delegated by the Secretary. ``(c) Deputy Director.--There shall be in the Office of Biometric Identity Management a Deputy Director, who shall assist the Director in the management of the Office. ``(d) Other Authorities.-- ``(1) In general.--The Director may establish such other offices within the Office of Biometric Identity Management as the Director determines necessary to carry out the missions, duties, functions, and authorities of the Office. ``(2) Notification.--If the Director exercises the authority provided by paragraph (1), the Director shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 30 days before exercising such authority.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding after the item relating to section 709 the following new item: ``Sec. 710. Office of Biometric Identity Management.''.", "summary": "Office of Biometric Identity Management Authorization Act of 2018 or the OBIM Authorization Act of 2018 (Sec. 2) This bill amends the Homeland Security Act of 2002 to establish within the Management Directorate of the Department of Homeland Security (DHS) the Office of Biometric Identity Management, which shall be administered by a director with significant management experience and experience in biometrics and identity management. The director shall have specified duties, including leading DHS's biometric identity services to support anti-terrorism, counterterrorism, border security, credentialing, national security, and public safety."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``National Trails System Willing Seller Act''. SEC. 2. AUTHORITY TO ACQUIRE LAND FROM WILLING SELLERS FOR CERTAIN TRAILS. (a) Oregon National Historic Trail.--Section 5(a)(3) of the National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \\1/4\\ mile on either side of the trail.''. (b) Mormon Pioneer National Historic Trail.--Section 5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \\1/4\\ mile on either side of the trail.''. (c) Continental Divide National Scenic Trail.--Section 5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \\1/4\\ mile on either side of the trail.''. (d) Lewis and Clark National Historic Trail.--Section 5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \\1/4\\ mile on either side of the trail.''. (e) Iditarod National Historic Trail.--Section 5(a)(7) of the National Trails System Act (16 U.S.C. 1244(a)(7)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \\1/4\\ mile on either side of the trail.''. (f) North Country National Scenic Trail.--Section 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.''. (g) Ice Age National Scenic Trail.--Section 5(a)(10) of the National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.''. (h) Potomac Heritage National Scenic Trail.--Section 5(a)(11) of the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended-- (1) by striking the fourth and fifth sentences; and (2) by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.''. (i) Nez Perce National Historic Trail.--Section 5(a)(14) of the National Trails System Act (16 U.S.C. 1244(a)(14)) is amended-- (1) by striking the fourth and fifth sentences; and (2) by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \\1/4\\ mile on either side of the trail.''. SEC. 3. CONFORMING AMENDMENT. Section 10 of the National Trails System Act (16 U.S.C. 1249) is amended by striking subsection (c) and inserting the following: ``(c) Authorization of Appropriations.-- ``(1) In general.--Except as otherwise provided in this Act, there are authorized to be appropriated such sums as are necessary to implement the provisions of this Act relating to the trails designated by section 5(a). ``(2) Natchez trace national scenic trail.-- ``(A) In general.--With respect to the Natchez Trace National Scenic Trail (referred to in this paragraph as the `trail') designated by section 5(a)(12)-- ``(i) not more than $500,000 shall be appropriated for the acquisition of land or interests in land for the trail; and ``(ii) not more than $2,000,000 shall be appropriated for the development of the trail. ``(B) Participation by volunteer trail groups.--The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail.''.", "summary": "National Trails System Willing Seller Act - Amends the National Trails System Act (the Act) to: (1) prohibit the federal acquisition of lands outside the exterior boundaries of any federally administered area, except with the owner's consent, for the Oregon, Mormon Pioneer, Lewis and Clark, Iditarod, and Nez Perce National Historic Trails and the Continental Divide, North Country, Ice Age, and Potomac Heritage National Scenic Trails; and (2) provide that federal authority to acquire fee title shall be limited to an average of not more than one-quarter mile on either side of such national historic trails and the Continental Divide National Scenic Trail."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Education for Retirement Security Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) Improving financial literacy is a critical and complex task for Americans of all ages. (2) Low levels of savings and high levels of personal and real estate debt are serious problems for many households nearing retirement. (3) Only 53 percent of working Americans have any form of pension coverage. Three out of four women aged 65 or over receive no income from employer-provided pensions. (4) The more limited timeframe that mid-life and older individuals and families have to assess the realities of their individual circumstances, to recover from counter-productive choices and decisionmaking processes, and to benefit from more informed financial practices, has immediate impact and near term consequences for Americans nearing or of retirement age. (5) Research indicates that there are now 4 basic sources of retirement income security. Those sources are social security benefits, pensions and savings, healthcare insurance coverage, and, for an increasing number of older individuals, necessary earnings from working during one's ``retirement'' years. (6) The $5,000,000,000,000 loss in stock market equity values since 2000 has had a significantly negative effect on mid-life and older individuals and on their pension plans and retirement accounts, affecting both individuals with plans to retire and those who are already in retirement. (7) Although today's older individuals are generally thought to be doing well, nearly \\1/5\\ (18 percent) of such individuals were living below 125 percent of the poverty line during a year of national prosperity, 1995. (8) Over the next 30 years, the number of older individuals in the United States is expected to double, from 35,000,000 to nearly 75,000,000, and long-term care costs are expected to skyrocket. (9) Financial exploitation is the largest single category of abuse against older individuals and this population comprises more than \\1/2\\ of all telemarketing victims in the United States. (10) The Federal Trade Commission (FTC) Identity Theft Data Clearinghouse has reported that incidents of identity theft targeting individuals over the age of 60 increased from 1,821 victims in 2000 to 5,802 victims in 2001, a threefold increase. SEC. 3. GRANT PROGRAM TO ENHANCE FINANCIAL AND RETIREMENT LITERACY AND REDUCE FINANCIAL ABUSE AND FRAUD AMONG MID-LIFE AND OLDER AMERICANS. (a) Authority.--The Secretary is authorized to award grants to eligible entities to provide financial education programs to mid-life and older individuals who reside in local communities in order to-- (1) enhance financial and retirement knowledge among such individuals; and (2) reduce financial abuse and fraud, including telemarketing, mortgage, and pension fraud, among such individuals. (b) Eligible Entities.--An entity is eligible to receive a grant under this section if such entity is-- (1) a State agency or area agency on aging; or (2) a nonprofit organization with a proven record of providing-- (A) services to mid-life and older individuals; (B) consumer awareness programs; or (C) supportive services to low-income families. (c) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary in such form and containing such information as the Secretary may require, including a plan for continuing the programs provided with grant funds under this section after the grant expires. (d) Limitation on Administrative Costs.--A recipient of a grant under this section may not use more than 4 percent of the total amount of the grant in each fiscal year for the administrative costs of carrying out the programs provided with grant funds under this section. (e) Evaluation and Report.-- (1) Establishment of performance measures.--The Secretary shall develop measures to evaluate the programs provided with grant funds under this section. (2) Evaluation according to performance measures.--Applying the performance measures developed under paragraph (1), the Secretary shall evaluate the programs provided with grant funds under this section in order to-- (A) judge the performance and effectiveness of such programs; (B) identify which programs represent the best practices of entities developing such programs for mid- life and older individuals; and (C) identify which programs may be replicated. (3) Annual reports.--For each fiscal year in which a grant is awarded under this section, the Secretary shall submit a report to Congress containing a description of the status of the grant program under this section, a description of the programs provided with grant funds under this section, and the results of the evaluation of such programs under paragraph (2). SEC. 4. NATIONAL TRAINING AND TECHNICAL ASSISTANCE PROGRAM. (a) Authority.--The Secretary is authorized to award a grant to 1 or more eligible entities to-- (1) create and make available instructional materials and information that promote financial education; and (2) provide training and other related assistance regarding the establishment of financial education programs to eligible entities awarded a grant under section 3. (b) Eligible Entities.--An entity is eligible to receive a grant under this section if such entity is a national nonprofit organization with substantial experience in the field of financial education. (c) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary in such form and containing such information as the Secretary may require. (d) Basis and Term.--The Secretary shall award a grant under this section on a competitive, merit basis for a term of 5 years. SEC. 5. DEFINITIONS. In this Act: (1) Financial education.--The term ``financial education'' means education that promotes an understanding of consumer, economic, and personal finance concepts, including saving for retirement, long-term care, and estate planning and education on predatory lending and financial abuse schemes. (2) Mid-life individual.--The term ``mid-life individual'' means an individual aged 45 to 64 years. (3) Older individual.--The term ``older individual'' means an individual aged 65 or older. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated to carry out this Act, $100,000,000 for each of the fiscal years 2003 through 2007. (b) Limitation on Funds for Evaluation and Report.--The Secretary may not use more than $200,000 of the amounts appropriated under subsection (a) for each fiscal year to carry out section 3(e). (c) Limitation on Funds for Training and Technical Assistance.--The Secretary may not use less than 5 percent or more than 10 percent of amounts appropriated under subsection (a) for each fiscal year to carry out section 4.", "summary": "Education for Retirement Security Act of 2002 - Authorizes the Secretary of Health and Human Services to award grants to eligible entities to provide financial education programs to mid-life and older individuals who reside in local communities in order to: (1) enhance financial and retirement knowledge among them; and (2) reduce financial abuse and fraud, including telemarketing, mortgage, and pension fraud, among them.Authorizes the Secretary to award a grant to one or more eligible entities to: (1) create and make available instructional materials and information that promote financial education; and (2) provide training and other related assistance regarding the establishment of financial education programs."}
{"article": "SECTION 1. ADJUSTMENTS TO RATES OF BASIC PAY OF PREVAILING RATE EMPLOYEES. (a) Limitation on Adjustments.-- (1) Prevailing rate employees of agencies.--Notwithstanding any other provision of law, and except as otherwise provided in this section, a prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code, may not be paid-- (A) during the period beginning on January 1, 2014, and ending on the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2014, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and (B) during the period beginning on the day after the end of the period described in subparagraph (A) and ending on September 30, 2014, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under subparagraph (A) by more than the sum of-- (i) the percentage adjustment taking effect in fiscal year 2014 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and (ii) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2014 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section. (2) Other prevailing rate employees.--Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which paragraph (1) is in effect at a rate that exceeds the rates that would be payable under paragraph (1) were paragraph (1) applicable to such employee. (3) Employees paid from new schedules.--For the purposes of this subsection, the rates payable to an employee who is covered by this subsection and who is paid from a schedule not in existence on September 30, 2013, shall be determined under regulations prescribed by the Office of Personnel Management. (4) Rates of premium pay.--Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be changed from the rates in effect on September 30, 2013, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this subsection. (5) Period covered.--This subsection shall apply with respect to pay for service performed on or after the first day of the first applicable pay period beginning after December 31, 2013. (6) Treatment under other laws.--For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this subsection shall be treated as the rate of salary or basic pay. (7) Limitations.--Nothing in this subsection shall be considered to permit or require the payment to any employee covered by this subsection at a rate in excess of the rate that would be payable were this subsection not in effect. (8) Exceptions.--The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. (b) Comparability of Adjustments.-- (1) In general.--Notwithstanding subsection (a), effective as of the first day of the first applicable pay period beginning after December 31, 2013, the percentage increase in rates of basic pay for the statutory pay systems under sections 5344 and 5348 of title 5, United States Code, that takes place in fiscal year 2014 shall be not less than the percentage increase received by employees in the same pay locality whose rates of basic pay are adjusted under sections 5303 and 5304 of title 5, United States Code. (2) Pay localities.--For the purposes of this subsection, prevailing rate employees in localities where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5, United States Code, and prevailing rate employees described in section 5343(a)(5) of title 5, United States Code, shall be considered to be located in the pay locality designated as ``Rest of United States'' under section 5304 of title 5, United States Code.", "summary": "Prohibits any prevailing rate employee in a federal agency, between January 1 and September 30, 2014, from being paid an amount exceeding specified limits resulting from an applicable wage survey adjustment. Prohibits the percentage increase in wages paid to a prevailing wage employee in FY2014 from being less than the percentage increase in the basic pay of other federal employees in the same pay locality."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Phone Bill Fairness Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) Customer bills for telecommunications services are unreasonably complicated, and many Americans are unable to understand the nature of services provided to them and the charges for which they are responsible. (2) One of the purposes of the Telecommunications Act of 1996 (Public Law 104-104) was to unleash competitive and market forces for telecommunications services. (3) Unless customers can understand their telecommunications bills they cannot take advantage of the newly competitive market for telecommunications services. (4) Confusing telecommunications bills allow a small minority of providers of telecommunications services to commit fraud more easily. The best defense against telecommunications fraud is a well informed consumer. Consumers cannot be well informed when their telecommunications bills are incomprehensible. (5) Certain providers of telecommunications services have established new, specific charges on customer bills commonly known as ``line-item charges''. (6) These line-item charges have proliferated and are often described with inaccurate and confusing names. (7) These line-item charges have generated significant confusion among customers regarding the nature and scope of universal service and of the fees associated with universal service. (8) The National Association of Regulatory Utility Commissioners adopted a resolution in February 1998 supporting action by the Federal Communications Commission to require interstate telecommunications carriers to provide accurate customer notice regarding the implementation and purpose of end-user charges for telecommunications services. (b) Purpose.--It is the purpose of this Act to require the Federal Communications Commission and the Federal Trade Commission to protect and empower consumers of telecommunications services by assuring that telecommunications bills, including line-item charges, issued by telecommunications carriers nationwide are both accurate and comprehensible. SEC. 3. INVESTIGATION OF TELECOMMUNICATIONS CARRIER BILLING PRACTICES. (a) Investigation.-- (1) Requirement.--The Federal Communications Commission and the Federal Trade Commission shall jointly conduct an investigation of the billing practices of telecommunications carriers. (2) Purpose.--The purpose of the investigation is to determine whether the bills sent by telecommunications carriers to their customers accurately assess and correctly characterize the services received and fees charged for such services, including any fees imposed as line-item charges. (b) Determinations.--In carrying out the investigation under subsection (a), the Federal Communications Commission and the Federal Trade Commission shall determine the following: (1) The prevalence of incomprehensible or confusing telecommunications bills. (2) The most frequent causes for confusion on telecommunications bills. (3) Whether or not any best practices exist, which, if utilized as an industry standard, would reduce confusion and improve comprehension of telecommunications bills. (4) Whether or not telecommunications bills that impose fees through line-item charges characterize correctly the nature and basis of such fees, including, in particular, whether or not such fees are required by the Federal Government or State governments. (c) Review of Records.-- (1) Authority.--For purposes of the investigation under subsection (a), the Federal Communications Commission and the Federal Trade Commission may obtain from any telecommunications carrier any record of such carrier that is relevant to the investigation, including any record supporting such carrier's basis for setting fee levels or percentages. (2) Use.--The Federal Communications Commission and the Federal Trade Commission may use records obtained under this subsection only for purposes of the investigation. (d) Disciplinary Actions.-- (1) In general.--If the Federal Communications Commission or the Federal Trade Commission determines as a result of the investigation under subsection (a) that the bills sent by a telecommunications carrier to its customers do not accurately assess or correctly characterize any service or fee contained in such bills, the Federal Communications Commission or the Federal Trade Commission, as the case may be, may take such action against such carrier as such Commission is authorized to take under law. (2) Characterization of fees.--If the Federal Communications Commission or the Federal Trade Commission determines as a result of the investigation under subsection (a) that a telecommunications carrier has characterized a fee on bills sent to its customers as mandated or otherwise required by the Federal Government or a State and that such characterization is incorrect, the Federal Communications Commission or the Federal Trade Commission, as the case may be, may require the carrier to discontinue such characterization. (3) Additional actions.--If the Federal Communications Commission or the Federal Trade Commission determines that such Commission does not have authority under law to take actions under paragraph (1) that would be appropriate in light of a determination described in paragraph (1), the Federal Communications Commission or the Federal Trade Commission, as the case may be, shall notify Congress of the determination under this paragraph in the report under subsection (e). (e) Report.--Not later than one year after the date of the enactment of this Act, the Federal Communications Commission and the Federal Trade Commissions shall jointly submit to Congress a report on the results of the investigation under subsection (a). The report shall include the determination, if any, of either Commission under subsection (d)(3) and any recommendations for further legislative action that such Commissions consider appropriate. SEC. 4. TREATMENT OF MISLEADING TELECOMMUNICATIONS BILLS AND TELECOMMUNICATIONS RATE PLANS. (a) Federal Trade Commission.--The Federal Trade Commission shall treat any telecommunications billing practice or telecommunications rate plan that the Commission determines to be intentionally misleading as an unfair business practice under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (b) Federal Communications Commission.--The Federal Communications Commission shall, upon finding that any holder of a license under the Commission has repeatedly and intentionally engaged in a telephone billing practice, or has repeatedly and intentionally utilized a telephone rate plan, that is misleading, treat such holder as acting against the public interest for purposes of the Communications Act of 1934 (47 U.S.C. 151 et seq.). SEC. 5. REQUIREMENTS FOR ALL BILLS FOR TELECOMMUNICATIONS SERVICES. (a) Average Per Minute Rate Calculation.--Each telecommunications carrier shall display on the first page of each customer bill for telecommunications services the average per-minute charge of telecommunications services of such customer for the billing period covered by such bill. (b) Calling Patterns.--Each telecommunications carrier shall display on the first page of each customer bill for telecommunications services the percentage of the total number of telephone calls of such customer for the billing period covered by such bill as follows: (1) That began on a weekday. (2) That began on a weekend. (3) That began from 8 a.m. to 8 p.m. (4) That began from 8:01 p.m. to 7:59 a.m. (5) That were billed to a calling card. (c) Average Per-Minute Charge Defined.--In this section, the term ``average per-minute charge'', in the case of a bill of a customer for a billing period, means-- (1) the sum of-- (A) the aggregate amount of monthly or other recurring charges, if any, for telecommunications services imposed on the customer by the bill for the billing period; and (B) the total amount of all per-minute charges for telecommunications services imposed on the customer by the bill for the billing period; divided by (2) the total number of minutes of telecommunications services provided to the customer during the billing period and covered by the bill. SEC. 6. REQUIREMENTS FOR TELECOMMUNICATIONS CARRIERS IMPOSING CERTAIN CHARGES FOR SERVICES. (a) Billing Requirements.--Any telecommunications carrier shall include on the bills for telecommunications services sent to its customers the following: (1) An accurate name and description of any covered charge. (2) The recipient or class of recipients of the monies collected through each such charge. (3) A statement whether each such charge is required by law or collected pursuant to a requirement imposed by a governmental entity under its discretionary authority. (4) A specific explanation of any reduction in charges or fees to customers, and the class of telephone customer that such reduction, that are related to each such charge. (b) Universal Service Contributions and Receipts.--Not later than January 31 each year, each telecommunications carrier required to contribute to universal service during the previous year under section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)) shall submit to the Federal Communications Commission a report on following: (1) The total contributions of the carrier to the universal service fund during the previous year. (2) The total receipts from customers during such year designed to recover contributions to the fund. (c) Action on Universal Service Contributions and Receipts Data.-- (1) Review.--The Federal Communications Commission shall review the reports submitted to the Commission under subsection (b) in order to determine whether or not the amount of the contributions of a telecommunications carrier to the universal service fund in any year is equal to the amount of the receipts of the telecommunications carrier from its customers in such year for purposes of contributions to the fund. (2) Additional contributions.--If the Commission determines as a result of a review under paragraph (1) that the amount of the receipts of a telecommunications carrier from its customers in a year for purposes of contributions to the universal service fund exceeded the amount contributed by the carrier in such year to the fund, the Commission shall have the authority to require the carrier to deposit in the fund an amount equal to the amount of such excess. (d) Covered Charges.--For purposes of subsection (a), a covered charge shall include any charge on a bill for telecommunications services that is separate from a per-minute rate charge, including a universal service charge, a subscriber line charge, and a presubscribed interexchange carrier charge. SEC. 7. TELECOMMUNICATIONS CARRIER DEFINED. In this Act, the term ``telecommunications carrier'' has the meaning given that term in section 3(44) of the Communications Act of 1934 (47 U.S.C. 153(44)).", "summary": "Requires the FTC to treat any telecommunications billing practice or rate plan determined to be intentionally misleading as an unfair business practice for purposes of the Federal Trade Commission Act. Requires the FCC, upon a finding that any holder of an FCC license has repeatedly and intentionally engaged in a telephone billing practice or utilized a rate plan that is misleading, to treat such holder as acting against public interest for purposes of the Communications Act of 1934. Requires each carrier to display on the first page of each customer bill: (1) the average per-minute charge of telecommunications services for the billing period; and (2) the percentage of the total number of telephone calls of such customer that took place on a weekday, weekend, daytime, or nighttime, and the percentage that were billed to a calling card. Requires customer bills to include: (1) an accurate name and description of any covered charge and the recipient of monies collected through such charge; (2) a statement of whether each such charge is required by law or by a governmental entity under its discretionary authority; and (3) an explanation of any reduction in charges or fees. Directs each carrier required to contribute to universal services during the previous year to report to the FCC on their total contributions during the previous year and the total receipts from customers to recover such contributions. Directs the FCC to review such reports to determine whether such amounts are equal and, if not, to require such carrier to deposit an equal amount."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tuberculosis (TB) Now Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Tuberculosis is one of the greatest infectious causes of death of adults worldwide, killing nearly 2,000,000 people per year--one person every 15 seconds. (2) One-third of the world's population is infected with the tuberculosis bacterium and an estimated 9,000,000 individuals develop active tuberculosis each year. (3) Tuberculosis is the leading killer among individuals who are HIV-positive due to their weakened immune systems, and it is estimated that one-third of people with HIV infection have tuberculosis. (4) Today, tuberculosis is a leading killer of women of reproductive age. (5) There are 22 countries that account for 80 percent of the world's burden of tuberculosis. The People's Republic of China and India account for 35 percent of all estimated new tuberculosis cases each year. (6) Driven by the HIV/AIDS pandemic, incidence rates of tuberculosis in Africa have more than doubled on average since 1990, making it the only region in the world in which tuberculosis rates are not currently stabilized or declining. The problem is so pervasive that in August 2005, African Health Ministers and the World Health Organization (WHO) declared tuberculosis to be an emergency in Africa. (7) The wide extent of drug resistance, including multi- drug resistant tuberculosis (MDR-TB), in Eastern Europe and other parts of the world represents a critical challenge to the global control of tuberculosis. Drug resistance surveillance reports have confirmed the serious scale and spread of tuberculosis in Eastern Europe with tuberculosis strains often resistant to all first line drugs and also to some second line drugs. (8) With more than 50 percent of tuberculosis cases in the United States attributable to foreign-born individuals and with the increase in international travel, commerce, and migration, elimination of tuberculosis in the United States depends on efforts to control the disease in developing countries. Recent research has shown that to invest in tuberculosis control abroad, where treatment and program costs are significantly cheaper than in the United States, would be a cost-effective strategy to reduce tuberculosis-related morbidity and mortality domestically. (9) The threat that tuberculosis poses for Americans derives from the global spread of tuberculosis and the emergence and spread of strains of multi-drug resistant tuberculosis, which is far more deadly, and more difficult and costly to treat. (10) DOTS (Directly Observed Treatment Short-course) is one of the most cost-effective health interventions available today and is a core component of the new Stop TB Strategy. (11) The Stop TB Strategy, developed by the World Health Organization, builds on the success of DOTS and ongoing challenges so as to serve all those in need and reach targets for prevalence, mortality, and incidence reduction. The Stop TB Strategy includes six components: (A) Pursuing high-quality expansion and enhancement of DOTS coverage. (B) Implementing tuberculosis and HIV collaborative activities, preventing, and controlling multi-drug resistant tuberculosis, and addressing other special challenges. (C) Contributing to the strengthening of health systems. (D) Engaging all health care providers, including promotion of the International Standards for Tuberculosis Care. (E) Empowering individuals with tuberculosis and communities. (F) Enabling and promoting research to develop new diagnostics, drugs, vaccines, and program-based operational research relating to tuberculosis. (12) The Global Plan to Stop TB 2006-2015: Actions for Life is a comprehensive plan developed by the Stop TB Partnership that sets out the actions necessary to achieve the millennium development goal of cutting tuberculosis deaths and disease burden in half by 2015 and thus eliminate tuberculosis as a global health problem by 2050. (13) While innovations such as the Global Tuberculosis Drug Facility have enabled low-income countries to treat a standard case of tuberculosis with drugs that cost as little as $16 for a full six-month course of treatment, there are still millions of individuals with no access to effective treatment. (14) As the global resource investment in fighting tuberculosis increases, partner nations and international institutions must commit to a corresponding increase in the technical and program assistance necessary to ensure that the most effective and efficient tuberculosis treatments are provided. (15) The Global Fund to Fight AIDS, Tuberculosis and Malaria is an important global partnership established to combat these three infectious diseases that together kill millions of people a year. Expansion of effective tuberculosis treatment programs constitutes a major component of Global Fund investment, along with integrated efforts to address HIV and tuberculosis in areas of high prevalence. (16) The Centers for Disease Control and Prevention (CDC) is actively involved with global tuberculosis control efforts since the global tuberculosis epidemic directly impacts tuberculosis in the United States, and because Congress has strongly urged the CDC each year to increase its involvement with international tuberculosis control efforts. (17) The CDC is assisting countries with a high burden of tuberculosis to-- (A) implement the World Health Organization- recommended control strategies by improving the capacity to diagnose and cure individuals with tuberculosis; (B) improve the capacity to diagnose, treat, and prevent tuberculosis in HIV-infected individuals and individuals with multi-drug resistant tuberculosis; and (C) conduct programmatically-relevant operational research to identify and evaluate new diagnostics, treatment regimes, and interventions to control tuberculosis. SEC. 3. ASSISTANCE TO COMBAT TUBERCULOSIS. (a) Policy.--Section 104B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-3(b)) is amended to read as follows: ``(b) Policy.--It is a major objective of the foreign assistance program of the United States to control tuberculosis. In all countries in which the United States Agency for International Development has established development programs, the following goals in the battle against tuberculosis should be achieved by not later than December 31, 2015: ``(1) Reduce by half the tuberculosis death and disease burden from the 1990 baseline. ``(2) Sustain or exceed the detection of at least 70 percent of cases of tuberculosis infection and the cure of at least 85 percent of those cases detected.''. (b) Authorization.--Section 104B(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-3(c)) is amended by striking ``is authorized to'' and inserting ``shall''. (c) Priority to Stop TB Strategy.--Section 104B(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-3(e)) is amended-- (1) in the heading, to read as follows: ``Priority to Stop TB Strategy.--''; (2) in the first sentence, by striking ``In furnishing'' and all that follows through ``, including funding'' and inserting the following: ``(1) Priority.--In furnishing assistance under subsection (c), the President shall give priority to-- ``(A) activities described in the Stop TB Strategy, including expansion and enhancement of DOTS coverage, treatment for individuals infected with both tuberculosis and HIV and treatment for individuals with multi-drug resistant tuberculosis (MDR-TB), strengthening of health systems, use of the International Standards for Tuberculosis Care by all providers, empowering individuals with tuberculosis, and enabling and promoting research to develop new diagnostics, drugs, and vaccines, and program-based operational research relating to tuberculosis; and ``(B) funding''; and (3) in the second sentence-- (A) by striking ``In order to'' and all that follows through ``not less than'' and inserting the following: ``(2) Availability of amounts.--In order to meet the requirements of paragraph (1), the President-- ``(A) shall ensure that not less than''; (B) by striking ``for Directly Observed Treatment Short-course (DOTS) coverage and treatment of multi- drug resistant tuberculosis using DOTS-Plus,'' and inserting ``to implement the Stop TB Strategy; and''; and (C) by striking ``including'' and all that follows and inserting the following: ``(B) should ensure that not less than $15,000,000 of the amount made available to carry out this section for a fiscal year is used to make a contribution to the Global Tuberculosis Drug Facility.''. (d) Assistance for WHO and the Stop Tuberculosis Partnership.-- Section 104B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-3) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) Assistance for WHO and the Stop Tuberculosis Partnership.--In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized to provide increased resources to the World Health Organization (WHO) and the Stop Tuberculosis Partnership to improve the capacity of countries with high rates of tuberculosis and other affected countries to implement the Stop TB Strategy.''. (e) Definitions.--Section 104B(g) of the Foreign Assistance Act of 1961, as redesignated by subsection (d)(1), is amended-- (1) in paragraph (1), by adding at the end before the period the following: ``, including low cost and effective diagnosis, treatment, and monitoring of tuberculosis, as well as a reliable drug supply, and a management strategy for public health systems, with health system strengthening, promotion of the use of the International Standards for Tuberculosis Care by all care providers, bacteriology under an external quality assessment framework, short-course chemotherapy, and sound reporting and recording systems''; and (2) by adding after paragraph (5) the following new paragraph: ``(6) Stop tb strategy.--The term `Stop TB Strategy' means the strategy described in the Global Plan to Stop TB 2006-2015: Actions for Life, a comprehensive plan developed by the Stop Tuberculosis Partnership that sets out the actions necessary to achieve the millennium development goal of cutting tuberculosis deaths and disease burden in half by 2015.''. (f) Annual Report.--Section 104A(e)(2)(C)(iii) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2(e)(2)(C)(iii)) is amended by adding at the end before the semicolon the following: ``, including the percentage of such United States foreign assistance provided for diagnosis and treatment of individuals with tuberculosis in countries with the highest rates of tuberculosis, as determined by the World Health Organization (WHO)''. (g) Authorization of Appropriations.--There are authorized to be appropriated to the President not less than $225,000,000 for fiscal year 2007 and not less than $260,000,000 for fiscal year 2008 to carry out section 104B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-3), as amended by subsections (a) through (e) of this section. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR GLOBAL TUBERCULOSIS ACTIVITIES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. For the purpose of carrying out global tuberculosis activities through the Centers for Disease Control and Prevention, there are authorized to be appropriated $30,000,000 for fiscal year 2007 and such sums as may be necessary for fiscal year 2008. Such authorization of appropriations is in addition to other authorizations of appropriations that are available for such purposes. Amounts appropriated pursuant to the authorization of appropriations under this section shall remain available until expended.", "summary": "Stop Tuberculosis (TB) Now Act of 2006 - Amends the Foreign Assistance Act of 1961 to require (currently, authorizes) the President to furnish assistance for tuberculosis (TB) prevention, treatment, and elimination. Gives priority to activities described in the Stop TB Strategy (as defined by this Act). Revises related fund use provisions. Authorizes the President, through the United States Agency for International Development (USAID), to provide increased resources to the World Health Organization (WHO) and the Stop Tuberculosis Partnership to improve the capacity of countries with high TB rates and other affected countries to implement the Stop TB Strategy. Authorizes appropriations for Centers for Disease Control and Prevention (CDCP) TB activities."}
{"article": "OF CLAIMS. (a) In General.--Except as otherwise provided for in this section, the time for the commencement of a health care lawsuit shall be 3 years after the date of manifestation of injury or 1 year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. (b) General Exception.--The time for the commencement of a health care lawsuit shall not exceed 3 years after the date of manifestation of injury unless the tolling of time was delayed as a result of-- (1) fraud; (2) intentional concealment; or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. (c) Minors.--An action by a minor shall be commenced within 3 years from the date of the alleged manifestation of injury except that if such minor is under the full age of 6 years, such action shall be commenced within 3 years of the manifestation of injury, or prior to the eighth birthday of the minor, whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which a parent or guardian and a health care provider or health care organization have committed fraud or collusion in the failure to bring an action on behalf of the injured minor. SEC. 5. COMPENSATING PATIENT INJURY. (a) Unlimited Amount of Damages for Actual Economic Losses in HEALTH Care Lawsuits.--In any health care lawsuit, nothing in this Act shall limit the recovery by a claimant of the full amount of the available economic damages, notwithstanding the limitation contained in subsection (b). (b) Additional Noneconomic Damages.--In any health care lawsuit, the amount of noneconomic damages recovered, if otherwise available under applicable Federal or State law, may be as much as $250,000, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same occurrence. (c) No Discount of Award for Noneconomic Damages.--In any health care lawsuit-- (1) an award for future noneconomic damages shall not be discounted to present value; (2) the jury shall not be informed about the maximum award for noneconomic damages under subsection (b); (3) an award for noneconomic damages in excess of $250,000 shall be reduced either before the entry of judgment, or by amendment of the judgment after entry of judgment, and such reduction shall be made before accounting for any other reduction in damages required by law; and (4) if separate awards are rendered for past and future noneconomic damages and the combined awards exceed $250,000, the future noneconomic damages shall be reduced first. (d) Fair Share Rule.--In any health care lawsuit, each party shall be liable for that party's several share of any damages only and not for the share of any other person. Each party shall be liable only for the amount of damages allocated to such party in direct proportion to such party's percentage of responsibility. A separate judgment shall be rendered against each such party for the amount allocated to such party. For purposes of this section, the trier of fact shall determine the proportion of responsibility of each party for the claimant's harm. SEC. 6. MAXIMIZING PATIENT RECOVERY. (a) Court Supervision of Share of Damages Actually Paid to Claimants.-- (1) In general.--In any health care lawsuit, the court shall supervise the arrangements for payment of damages to protect against conflicts of interest that may have the effect of reducing the amount of damages awarded that are actually paid to claimants. (2) Contingency fees.-- (A) In general.--In any health care lawsuit in which the attorney for a party claims a financial stake in the outcome by virtue of a contingent fee, the court shall have the power to restrict the payment of a claimant's damage recovery to such attorney, and to redirect such damages to the claimant based upon the interests of justice and principles of equity. (B) Limitation.--The total of all contingent fees for representing all claimants in a health care lawsuit shall not exceed the following limits: (i) 40 percent of the first $50,000 recovered by the claimant(s). (ii) 33\\1/3\\ percent of the next $50,000 recovered by the claimant(s). (iii) 25 percent of the next $500,000 recovered by the claimant(s). (iv) 15 percent of any amount by which the recovery by the claimant(s) is in excess of $600,000. (b) Applicability.-- (1) In general.--The limitations in subsection (a) shall apply whether the recovery is by judgment, settlement, mediation, arbitration, or any other form of alternative dispute resolution. (2) Minors.--In a health care lawsuit involving a minor or incompetent person, a court retains the authority to authorize or approve a fee that is less than the maximum permitted under this section. (c) Expert Witnesses.-- (1) Requirement.--No individual shall be qualified to testify as an expert witness concerning issues of negligence in any health care lawsuit against a defendant unless such individual-- (A) except as required under paragraph (2), is a health care professional who-- (i) is appropriately credentialed or licensed in 1 or more States to deliver health care services; and (ii) typically treats the diagnosis or condition or provides the type of treatment under review; and (B) can demonstrate by competent evidence that, as a result of training, education, knowledge, and experience in the evaluation, diagnosis, and treatment of the disease or injury which is the subject matter of the lawsuit against the defendant, the individual was substantially familiar with applicable standards of care and practice as they relate to the act or omission which is the subject of the lawsuit on the date of the incident. (2) Physician review.--In a health care lawsuit, if the claim of the plaintiff involved treatment that is recommended or provided by a physician (allopathic or osteopathic), an individual shall not be qualified to be an expert witness under this subsection with respect to issues of negligence concerning such treatment unless such individual is a physician. (3) Specialties and subspecialties.--With respect to a lawsuit described in paragraph (1), a court shall not permit an expert in one medical specialty or subspecialty to testify against a defendant in another medical specialty or subspecialty unless, in addition to a showing of substantial familiarity in accordance with paragraph (1)(B), there is a showing that the standards of care and practice in the two specialty or subspecialty fields are similar. (4) Limitation.--The limitations in this subsection shall not apply to expert witnesses testifying as to the degree or permanency of medical or physical impairment. SEC. 7. ADDITIONAL HEALTH BENEFITS. (a) In General.--The amount of any damages received by a claimant in any health care lawsuit shall be reduced by the court by the amount of any collateral source benefits to which the claimant is entitled, less any insurance premiums or other payments made by the claimant (or by the spouse, parent, child, or legal guardian of the claimant) to obtain or secure such benefits. (b) Preservation of Current Law.--Where a payor of collateral source benefits has a right of recovery by reimbursement or subrogation and such right is permitted under Federal or State law, subsection (a) shall not apply. (c) Application of Provision.--This section shall apply to any health care lawsuit that is settled or resolved by a fact finder. SEC. 8. PUNITIVE DAMAGES. (a) Punitive Damages Permitted.-- (1) In general.--Punitive damages may, if otherwise available under applicable State or Federal law, be awarded against any person in a health care lawsuit only if it is proven by clear and convincing evidence that such person acted with malicious intent to injure the claimant, or that such person deliberately failed to avoid unnecessary injury that such person knew the claimant was substantially certain to suffer. (2) Filing of lawsuit.--No demand for punitive damages shall be included in a health care lawsuit as initially filed. A court may allow a claimant to file an amended pleading for punitive damages only upon a motion by the claimant and after a finding by the court, upon review of supporting and opposing affidavits or after a hearing, after weighing the evidence, that the claimant has established by a substantial probability that the claimant will prevail on the claim for punitive damages. (3) Separate proceeding.--At the request of any party in a health care lawsuit, the trier of fact shall consider in a separate proceeding-- (A) whether punitive damages are to be awarded and the amount of such award; and (B) the amount of punitive damages following a determination of punitive liability. If a separate proceeding is requested, evidence relevant only to the claim for punitive damages, as determined by applicable State law, shall be inadmissible in any proceeding to determine whether compensatory damages are to be awarded. (4) Limitation where no compensatory damages are awarded.-- In any health care lawsuit where no judgment for compensatory damages is rendered against a person, no punitive damages may be awarded with respect to the claim in such lawsuit against such person. (b) Determining Amount of Punitive Damages.-- (1) Factors considered.--In determining the amount of punitive damages under this section, the trier of fact shall consider only the following: (A) the severity of the harm caused by the conduct of such party; (B) the duration of the conduct or any concealment of it by such party; (C) the profitability of the conduct to such party; (D) the number of products sold or medical procedures rendered for compensation, as the case may be, by such party, of the kind causing the harm complained of by the claimant; (E) any criminal penalties imposed on such party, as a result of the conduct complained of by the claimant; and (F) the amount of any civil fines assessed against such party as a result of the conduct complained of by the claimant. (2) Maximum award.--The amount of punitive damages awarded in a health care lawsuit may not exceed an amount equal to two times the amount of economic damages awarded in the lawsuit or $250,000, whichever is greater. The jury shall not be informed of the limitation under the preceding sentence. (c) Liability of Health Care Providers.--A health care provider who prescribes, or who dispenses pursuant to a prescription, a drug or device (including blood products) approved by the Food and Drug Administration shall not be named as a party to a product liability lawsuit invoking such drug or device and shall not be liable to a claimant in a class action lawsuit against the manufacturer, distributor, or product seller of such drug or device. SEC. 9. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN HEALTH CARE LAWSUITS. (a) In General.--In any health care lawsuit, if an award of future damages, without reduction to present value, equaling or exceeding $50,000 is made against a party with sufficient insurance or other assets to fund a periodic payment of such a judgment, the court shall, at the request of any party, enter a judgment ordering that the future damages be paid by periodic payments in accordance with the Uniform Periodic Payment of Judgments Act promulgated by the National Conference of Commissioners on Uniform State Laws. (b) Applicability.--This section applies to all actions which have not been first set for trial or retrial before the effective date of this Act. SEC. 10. EFFECT ON OTHER LAWS. (a) Vaccine Injury.-- (1) In general.--To the extent that title XXI of the Public Health Service Act establishes a Federal rule of law applicable to a civil action brought for a vaccine-related injury or death-- (A) this Act shall not affect the application of the rule of law to such an action; and (B) any rule of law prescribed by this Act in conflict with a rule of law of such title XXI shall not apply to such action. (2) Exception.--If there is an aspect of a civil action brought for a vaccine-related injury or death to which a Federal rule of law under title XXI of the Public Health Service Act does not apply, then this Act or otherwise applicable law (as determined under this Act) will apply to such aspect of such action. (b) Other Federal Law.--Except as provided in this section, nothing in this Act shall be deemed to affect any defense available to a defendant in a health care lawsuit or action under any other provision of Federal law. SEC. 11. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS. (a) HEALTH Care Lawsuits.--The provisions governing health care lawsuits set forth in this Act shall preempt, subject to subsections (b) and (c), State law to the extent that State law prevents the application of any provisions of law established by or under this Act. The provisions governing health care lawsuits set forth in this Act supersede chapter 171 of title 28, United States Code, to the extent that such chapter-- (1) provides for a greater amount of damages or contingent fees, a longer period in which a health care lawsuit may be commenced, or a reduced applicability or scope of periodic payment of future damages, than provided in this Act; or (2) prohibits the introduction of evidence regarding collateral source benefits. (b) Preemption of Certain State Laws.--The provisions of this Act shall preempt any constitutional provision, statute, or rule of State law, whether enacted prior to, on, or after the date of enactment of this Act, that-- (1) prohibits the application of any limitation on the amount of compensatory, punitive, or total damages in a health care lawsuit; or (2) provides for a greater amount of compensatory, punitive, or total damages in a health care lawsuit than those provided for under this Act. (c) Protection of State's Rights and Other Laws.-- (1) In general.--Any issue that is not governed by a provision of law established by or under this Act (including the State standards of negligence) shall be governed by otherwise applicable Federal or State law. (2) Rule of construction.--Nothing in this Act shall be construed to-- (A) preempt or supersede any Federal or State law that imposes greater procedural or substantive protections (such as a shorter statute of limitations) for a health care provider, health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product from liability, loss, or damages than those provided by this Act; (B) create a cause of action that is not otherwise available under Federal or State law; or (C) affect the scope of preemption of any other Federal law. SEC. 12. APPLICABILITY; EFFECTIVE DATE. This Act shall apply to any health care lawsuit brought in a Federal or State court, or subject to an alternative dispute resolution system, that is initiated on or after the date of the enactment of this Act, except that any health care lawsuit arising from an injury occurring prior to the date of enactment of this Act shall be governed by the applicable statute of limitations provisions in effect at the time the injury occurred.", "summary": "Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2005 or the HEALTH Act of 2005 - Sets forth provisions regulating lawsuits for health care liability claims concerning the provisions of health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Prescribes qualifications for expert witnesses. Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under Federal or State law. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury such person knew the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing an Food and Drug Administration (FDA)-approved prescription drug or device. Provides for periodic payments of future damage awards."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Adjacent Zone Safe Oil Transport and Revenue Sharing Act''. SEC. 2. PRODUCTION OF OIL FROM CERTAIN ARCTIC OFFSHORE LEASES. Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334) is amended by adding at the end the following: ``(k) Oil Transportation in Arctic Waters.--The Secretary shall-- ``(1) require that oil produced from Federal leases in Arctic waters in the Chukchi Sea planning area, Beaufort Sea planning area, or Hope Basin planning area be transported by pipeline to onshore facilities; and ``(2) provide for, and issue appropriate permits for, the transportation of oil from Federal leases in Arctic waters in preproduction phases (including exploration) by means other than pipeline.''. SEC. 3. REVENUE SHARING FROM AREAS IN ALASKA ADJACENT ZONE. Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) Revenue Sharing From Areas in Alaska Adjacent Zone.-- ``(1) Definitions.--In this subsection: ``(A) Coastal political subdivision.--The term `coastal political subdivision' means a county- equivalent subdivision of the State all or part of which-- ``(i) lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)); and ``(ii) the closest point of which is not more than 300 statute miles from the geographical center of any leased tract. ``(B) Distance.--The term `distance' means minimum great circle distance. ``(C) Indian tribe.--The term `Indian tribe' means an Alaska Native entity recognized and eligible to receive services from the Bureau of Indian Affairs, the headquarters of which is located within 300 miles of the geographical center of a leased tract. ``(D) Leased tract.--The term `leased tract' means a tract leased under this Act for the purpose of drilling for, developing, and producing oil or natural gas resources. ``(E) Renewable energy.--The term `renewable energy' means solar, wind, ocean, current, wave, tidal, or geothermal energy. ``(F) State.--The term `State' means the State of Alaska. ``(2) Revenue sharing.--Subject to paragraphs (3), (4), and (5), effective beginning on the date of enactment of this subsection, the State shall, without further appropriation or action, receive 37.5 percent of all revenues derived from all rentals, royalties, bonus bids, and other sums due and payable to the United States from energy development in any area of the Alaska Adjacent Zone, including from all sources of renewable energy leased, developed, or produced in any area in the Alaska Adjacent Zone. ``(3) Allocation among coastal political subdivisions of the state.-- ``(A) In general.--The Secretary shall pay 25 percent of any allocable share of the State, as determined under paragraph (2), directly to coastal political subdivisions. ``(B) Allocation.-- ``(i) In general.--For each leased tract used to calculate the allocation of the State, the Secretary shall pay the coastal political subdivisions within 300 miles of the geographical center of the leased tract based on the relative distance of the coastal political subdivisions from the leased tract in accordance with this subparagraph. ``(ii) Distances.--For each coastal political subdivision, the Secretary shall determine the distance between the point on the coastal political subdivision coastline closest to the geographical center of the leased tract and the geographical center of the tract. ``(iii) Payments.--The Secretary shall divide and allocate the qualified outer Continental Shelf revenues derived from the leased tract among coastal political subdivisions in amounts that are inversely proportional to the applicable distances determined under clause (ii). ``(4) Allocation among regional corporations.-- ``(A) In general.--The Secretary shall pay 25 percent of any allocable share of the State, as determined under this subsection, directly to certain Regional Corporations established under section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a)). ``(B) Allocation.-- ``(i) In general.--For each leased tract used to calculate the allocation of the State, the Secretary shall pay the Regional Corporations, after determining those Native villages within the region of the Regional Corporation which are within 300 miles of the geographical center of the leased tract based on the relative distance of such villages from the leased tract, in accordance with this paragraph. ``(ii) Distances.--For each such village, the Secretary shall determine the distance between the point in the village closest to the geographical center of the leased tract and the geographical center of the tract. ``(iii) Payments.--The Secretary shall divide and allocate the qualified outer Continental Shelf revenues derived from the leased tract among the qualifying Regional Corporations in amounts that are inversely proportional to the distances of all of the Native villages within each qualifying region. ``(iv) Revenues.--All revenues received by each Regional Corporation under clause (iii) shall be-- ``(I) treated by the Regional Corporation as revenue subject to the distribution requirements of section 7(i)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(i)(1)(A)); and ``(II) divided annually by the Regional Corporation among all 12 Regional Corporations in accordance with section 7(i) of that Act. ``(v) Further distribution to village corporations.--A Regional Corporation receiving revenues under clause (iii) or (iv)(II) shall further distribute 50 percent of the revenues received to the Village Corporations in the region and the class of stockholders who are not residents of those villages in accordance with section 7(j) of that Act (43 U.S.C. 1606(j)). ``(5) Allocation among indian tribes.-- ``(A) In general.--The Secretary shall pay 10 percent of any allocable share of the State, as determined under this subsection, directly to Indian tribes. ``(B) Allocation.-- ``(i) In general.--For each leased tract used to calculate the allocation of the State, the Secretary shall pay Indian tribes based on the relative distance of the headquarters of the Indian tribes from the leased tract, in accordance with this subparagraph. ``(ii) Distances.--For each Indian tribe, the Secretary shall determine the distance between the location of the headquarters of the Indian tribe and the geographical center of the tract. ``(iii) Payments.--The Secretary shall divide and allocate the qualified outer Continental Shelf revenues derived from the leased tract among the Indian tribes in amounts that are inversely proportional to the distances described in clause (ii). ``(6) Conservation royalty.--After making distributions under paragraph (2) and section 31, the Secretary shall, without further appropriation or action, distribute a conservation royalty equal to 15 percent of Federal royalty revenues derived from an area leased under this subsection from all areas leased under this subsection for any year, into the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) to provide financial assistance to States under section 6 of that Act (16 U.S.C. 460l-8). ``(7) Deficit reduction.--After making distributions in accordance with paragraph (2) and in accordance with section 31, the Secretary shall, without further appropriation or action, distribute an amount equal to 7.5 percent of Federal royalty revenues derived from an area leased under this subsection from all areas leased under this subsection for any year, into direct Federal deficit reduction.''. SEC. 4. IMPOSITION OF EXCISE TAX ON BITUMEN TRANSPORTED INTO THE UNITED STATES. (a) In General.--Subsection (a) of section 4612 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``and natural gasoline'' and inserting ``, natural gasoline, and bitumen'', and (2) by inserting at the end the following new paragraph: ``(10) Bitumen.--The term `bitumen' includes diluted bitumen, bituminous mixtures, or any oil manufactured from bitumen or a bituminous mixture.''. (b) Effective Date.--The amendments made by this section shall apply to oil and petroleum products received or entered after December 31, 2013.", "summary": "Alaska Adjacent Zone Safe Oil Transport and Revenue Sharing Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to: (1) require oil produced from federal leases in certain Arctic waters, except in preproduction phases (including explorations), to be transported by pipeline to onshore facilities; and (2) provide for, and issue appropriate permits for, the transportation of oil from such leases in preproduction phases (including exploration) by means other than pipeline. Requires that the state of Alaska receive 37.5% of all revenues derived from all rentals, royalties, bonus bids and other sums payable to the United States from energy development in any area of the Alaska Adjacent Zone, including from all sources of renewable energy leased, developed, or produced in such Zone. Sets forth an allocation scheme under which the Secretary of the Interior is directed to pay: (1) 25% of any allocable state share directly to coastal political subdivisions, (2) 25% of any allocable state share to certain Regional Corporations, and (3) 10% of any allocable state share directly to Indian tribes. Instructs the Secretary to distribute: (1) 15% of certain federal royalty revenues into a specified land and water conservation fund to provide financial assistance to states, and (2) 7.5% of certain federal royalty revenues into direct federal deficit reduction. Amends the Internal Revenue Code to impose an excise tax on bitumen transported into the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Sea Grant College Program Amendments Act of 2015''. SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Sea Grant College Program Act (33 U.S.C. 1121 et seq.). SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP. (a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is amended by striking ``may'' and inserting ``shall''. (b) Placements in Congress.--Such section is further amended-- (1) in the first sentence, by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (2) in paragraph (1), as designated by paragraph (1), in the second sentence, by striking ``A fellowship'' and inserting the following: ``(2) Placement priorities.-- ``(A) In general.--In each year in which the Secretary awards a legislative fellowship under this subsection, when considering the placement of fellows, the Secretary shall prioritize placement of fellows in the following: ``(i) Positions in offices of, or with members on, committees of Congress that have jurisdiction over the National Oceanic and Atmospheric Administration. ``(ii) Positions in offices of members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. ``(B) Equitable distribution.--In placing fellows in offices described in subparagraph (A), the Secretary shall ensure, to the maximum degree practicable, that placements are equitably distributed among the political parties. ``(3) Duration.--A fellowship''. (c) Effective Date.--The amendments made by subsection (b) shall apply with respect to the first calendar year beginning after the date of enactment of this Act. (d) Sense of Congress Concerning Federal Hiring of Former Fellows.--It is the sense of Congress that in recognition of the competitive nature of the fellowship under section 208(b) of the National Sea Grant College Program Act (33 U.S.C. 1127(b)), and of the exceptional qualifications of fellowship awardees, the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, should encourage participating Federal agencies to consider opportunities for fellowship awardees at the conclusion of their fellowship for workforce positions appropriate for their education and experience. SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO ACCEPT DONATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM. (a) In General.--Section 204(c)(4)(E) (33 U.S.C. 1123(c)(4)(E)) is amended to read as follows: ``(E) accept donations of money and, notwithstanding section 1342 of title 31, United States Code, of voluntary and uncompensated services;''. (b) Priorities.--The Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, shall establish priorities for the use of donations accepted under section 204(c)(4)(E) of the National Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)), and shall consider among those priorities the possibility of expanding the Dean John A. Knauss Marine Policy Fellowship's placement of additional fellows in relevant legislative offices under section 208(b) of that Act (33 U.S.C. 1127(b)), in accordance with the recommendations under subsection (c) of this section. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of the National Sea Grant College Program, in consultation with the National Sea Grant Advisory Board and the Sea Grant Association, shall-- (1) develop recommendations for the optimal use of any donations accepted under section 204(c)(4)(E) of the National Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and (2) submit to Congress a report on the recommendations developed under paragraph (1). (d) Construction.--Nothing in this section shall be construed to limit or otherwise affect any other amounts available for marine policy fellowships under section 208(b) of the National Sea Grant College Program Act (33 U.S.C. 1127(b)), including amounts-- (1) accepted under section 204(c)(4)(F) of that Act (33 U.S.C. 1123(c)(4)(F)); or (2) appropriated under section 212 of that Act (33 U.S.C. 1131). SEC. 5. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF OCEANS AND COASTAL RESEARCH ACTIVITIES. Section 9 of the National Sea Grant College Program Act Amendments of 2002 (33 U.S.C. 857-20) is repealed. SEC. 6. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA GRANT ADVISORY BOARD REPORT. Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended-- (1) in the heading, by striking ``Biennial'' and inserting ``Periodic''; and (2) in the first sentence, by striking ``The Board shall report to the Congress every two years'' and inserting ``Not less frequently than once every 3 years, the Board shall submit to Congress a report''. SEC. 7. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT COLLEGE PROGRAM. Section 204(b) (33 U.S.C. 1123(b)) is amended, in the matter before paragraph (1), by inserting ``for research, education, extension, training, technology transfer, and public service'' after ``financial assistance''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM. (a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (E), by striking ``and'' at the end; (B) in subparagraph (F), by striking the period at the end and inserting ``;''; and (C) by adding at the end the following: ``(G) $72,000,000 for fiscal year 2015; ``(H) $75,600,000 for fiscal year 2016; ``(I) $79,380,000 for fiscal year 2017; ``(J) $83,350,000 for fiscal year 2018; ``(K) $87,520,000 for fiscal year 2019; ``(L) $91,900,000 for fiscal year 2020; and ``(M) $96,500,000 for fiscal year 2021.''; (2) in the heading for paragraph (2), by inserting ``for fiscal years 2009 through 2014'' after ``Priority activities''; and (3) by adding at the end the following: ``(3) Priority activities for fiscal years 2015 through 2020.--In addition to the amounts authorized under paragraph (1), there is authorized to be appropriated $6,000,000 for each of fiscal years 2015 through 2020 for competitive grants for the following: ``(A) University research on the biology, prevention, and control of aquatic nonnative species. ``(B) University research on oyster diseases, oyster restoration, and oyster-related human health risks. ``(C) University research on the biology, prevention, and forecasting of harmful algal blooms. ``(D) University research, education, training, and extension services and activities focused on coastal resilience and U.S. working waterfronts and other regional or national priority issues identified in the strategic plan under section 204(c)(1). ``(E) University research on sustainable aquaculture techniques and technologies. ``(F) Fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance, and not supplant, existing core program funding.''. (b) Modification of Limitations on Amounts for Administration.-- Paragraph (1) of section 212(b) (33 U.S.C. 1131(b)) is amended to read as follows: ``(1) Administration.-- ``(A) In general.--There may not be used for administration of programs under this title in a fiscal year more than 5.5 percent of the lesser of-- ``(i) the amount authorized to be appropriated under this title for the fiscal year; or ``(ii) the amount appropriated under this title for the fiscal year. ``(B) Critical staffing requirements.-- ``(i) In general.--The Director shall use the authority under subchapter VI of chapter 33 of title 5, United States Code, to meet any critical staffing requirement while carrying out the activities authorized in this title. ``(ii) Exception from cap.--For purposes of subparagraph (A), any costs incurred as a result of an exercise of authority as described in clause (i) shall not be considered an amount used for administration of programs under this title in a fiscal year.''. (c) Allocation of Funding.-- (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) is amended-- (A) in the matter before subparagraph (A), by striking ``With respect to sea grant colleges and sea grant institutes'' and inserting ``With respect to sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects''; and (B) in subparagraph (B), in the matter before clause (i), by striking ``funding among sea grant colleges and sea grant institutes'' and inserting ``funding among sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects''. (2) Repeal of requirements concerning distribution of excess amounts.--Section 212 (33 U.S.C. 1131) is amended-- (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. SEC. 9. TECHNICAL CORRECTIONS. The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.) is amended-- (1) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by moving clause (vi) two ems to the right; and (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), as amended by section 6, in the third sentence, by striking ``The Secretary shall'' and inserting the following: ``(3) Availability of resources of department of commerce.--The Secretary shall''.", "summary": "National Sea Grant College Program Amendments Act of 2015 This bill amends the National Sea Grant College Program Act to reauthorize through FY2021 the National Sea Grant College Program. The bill requires the National Oceanic and Atmospheric Administration (NOAA) to award Dean John A. Knauss Marine Policy Fellowships. Currently, NOAA may give fellowships. Those fellowships support graduate students in fields related to ocean, coastal, and Great Lakes resources in positions with the executive and legislative branches. NOAA must give priority placement of those fellows placed in the legislative branch in: (1) offices or committees of Congress that have jurisdiction over NOAA; and (2) offices of Members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. NOAA must attempt to ensure that placements are equitably distributed among political parties. NOAA must establish priorities for the use of donations given for the National Sea Grant College Program. The bill authorizes through FY2020 grants for university research on: (1) the biology, prevention, and control of aquatic nonnative species; (2) oyster diseases, oyster restoration, and oyster-related human health risks; (3) the biology, prevention, and forecasting of harmful algal blooms; and (4) sustainable aquaculture techniques and technologies. The bill also authorizes through FY2020 grants for: (1) fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance existing core program funding, and (2) priority issues identified in the National Sea Grant College Program's strategic plan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``The Personal Exemption Fairness Act of 2010''. SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN PERSONAL EXEMPTIONS. (a) In General.--Subsection (d) of section 151 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Area cost-of-living adjustment.-- ``(A) In general.--Each of the dollar amounts otherwise in effect under paragraphs (1) and (3)(C) for any taxable year beginning after 2010 shall be multiplied by the applicable multiplier for the taxable year which applies to the statistical area in which the taxpayer's primary place of abode during the taxable year is located. ``(B) Applicable multipliers.--For purposes of this paragraph-- ``(i) In general.--Not later than December 15 of each calendar year, the Secretary shall prescribe an applicable multiplier for each statistical area of the United States which shall apply to taxable years beginning during the succeeding calendar year. ``(ii) Determination of multipliers.-- ``(I) In the case of a statistical area where the cost-of-living differential for the calendar year does not exceed 125 percent, the applicable multiplier is 1. ``(II) In the case of a statistical area not described in subclause (I), the applicable multiplier is the cost- of-living differential for the calendar year. ``(iii) Cost of living differential.--The cost-of-living differential for any statistical area for any calendar year is the percentage determined by dividing-- ``(I) the cost-of-living for such area for the preceding calendar year, by ``(II) the average cost-of-living for the United States for the preceding calendar year. ``(iv) Cost-of-living for area.-- ``(I) In general.--For each calendar year beginning after 2009, the Secretary of Labor shall determine and publish a cost-of-living index for each statistical area. ``(II) Methodology.--The cost-of- living index determined under subclause (I) for any statistical area for any calendar year shall be based on average market prices for the area for the 12- month period ending on August 31 of such calendar year. The market prices taken into account under the preceding sentence shall be selected and used under the same methodology as is used by the Secretary of Labor in developing the Consumer Price Index for All Urban Consumers. ``(v) Statistical area.--For purposes of this subsection the term `statistical area' means-- ``(I) any metropolitan statistical area as defined by the Secretary of Commerce, and ``(II) the portion of any State not within a metropolitan statistical area as so defined.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. (2) Transition rule.--Notwithstanding section 151(d)(5)(B) of the Internal Revenue Code (as added by this section), the date for prescribing applicable multipliers for taxable years beginning in calendar year 2011 shall be the date 1 year after the date of the enactment of this Act.", "summary": "Personal Exemption Fairness Act of 2010 - Amends the Internal Revenue Code to require annual metropolitan statistical area cost-of-living adjustments, beginning after 2010, to the personal tax exemption amount. Directs the Secretary of Labor to determine and publish a cost-of-living index for each metropolitan statistical area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Biometric Enhancement for Airport- Risk Reduction Act of 2008''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Biometric identifier system.--The term ``biometric identifier system'' means a system that uses biometric identifier information to match individuals and confirm identity for transportation security and other purposes. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security acting through the Assistant Secretary of Homeland Security (Transportation Security Administration). SEC. 3. BIOMETRIC IDENTIFIER SYSTEMS. (a) Study.-- (1) In general.--The Secretary, in consultation with the working group of industry stakeholders to be established under subsection (c), shall conduct a study on how airports can transition to uniform, standards-based, and interoperable biometric identifier systems for airport workers with unescorted access to secure or sterile areas of an airport. (2) Purpose.--The purpose of the study shall be to enhance transportation security against a potential act of terrorism by an airport worker who is allowed unescorted access to secure or sterile areas of an airport. (3) Risk-based analysis.--In conducting the study, the Secretary shall conduct a risk-based analysis of selected Category X and I airports and other airports, as the Secretary determines appropriate, to identify where the implementation of biometric identifier systems could benefit airports. (4) Considerations.--In conducting the study, the Secretary shall consider the following: (A) Parallel systems.--Existing parallel biometric security systems applicable to workers with unescorted access to critical infrastructure, including-- (i) transportation security cards issued under section 70105 of title 46, United States Code; (ii) armed law enforcement travel credentials issued under section 44903(h)(6) of title 49, United States Code; and (iii) other credential programs used by the Federal Government, as the Secretary considers appropriate. (B) Efforts by transportation security administration.--Any biometric programs or proposals developed by the Assistant Secretary of Homeland Security (Transportation Security Administration). (C) Infrastructure and technical requirements.--The architecture, modules, interfaces, and transmission of data needed to address risks associated with securing airports by providing interoperable biometric security measures and credentials for airport workers with unescorted access to secure and sterile areas of an airport. (D) Existing airport systems.--Biometric infrastructure and systems in use in secure and sterile areas of airports. (E) Incentives.--Possible incentives for airports that voluntarily seek to implement uniform, standards- based, and interoperable biometric identifier systems. (F) Associated costs.--The costs of implementing uniform, standards-based, and interoperable biometric identifier systems at airports, including-- (i) the costs to airport operators, airport workers, air carriers, and other aviation industry stakeholders; and (ii) the costs associated with ongoing operations and maintenance and modifications and enhancements needed to support changes in physical and electronic infrastructure. (G) GAO recommendations.--Any recommendations or findings developed by the Government Accountability Office relating to implementing biometric security for airport workers with unescorted access to secure and sterile areas of airports. (H) Information from other sources.-- Recommendations, guidance, and information from other sources, including government entities, organizations representing airport workers, and private individuals and organizations. (5) Report.--Not later than 270 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under this subsection. (b) Best Practices.-- (1) Identification of best practices.--The Secretary, in consultation with the working group of aviation industry stakeholders to be established under subsection (c), shall identify best practices for the administration of biometric credentials at airports, including best practices for each of the following processes: (A) Registration and enrollment. (B) Eligibility vetting and risk assessment. (C) Issuance. (D) Verification and use. (E) Expiration and revocation. (F) Development of a cost structure for acquisition of biometric credentials. (G) Development of redress processes for workers. (2) Report.--Not later than one year after the date of enactment of this Act, the Secretary shall-- (A) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that outlines the best practices identified under paragraph (1); and (B) make the report available to airport operators. (c) Aviation and Airport Security Working Group.-- (1) In general.--The Secretary shall convene a working group to assist the Secretary with issues pertaining to implementing and carrying out this section. (2) Membership.--The Secretary shall ensure that the membership of the working group includes aviation industry stakeholders and specifically includes individuals selected from among-- (A) the membership of the Transportation Security Administration's Aviation Security Advisory Committee; (B) individuals and organizations representing airports; (C) individuals and organizations representing airport workers, including those airport workers with unescorted access to secure and sterile areas of airports; (D) individuals and organizations representing the biometric technology sector; and (E) any other individuals and organizations that the Secretary considers appropriate. (3) Nonapplicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to working group established under this subsection. (4) Sunset.--The working group established under this subsection shall cease operations 30 days after the date of submission of the report under subsection (a)(5) or 30 days after the date of submission of the report under subsection (b)(2), whichever is later. Passed the House of Representatives June 18, 2008. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Biometric Enhancement for Airport-Risk Reduction Act of 2008 - Directs the Secretary of Homeland Security, acting through the Assistant Secretary of Homeland Security (Transportation Security Administration (TSA)), to: (1) study and report to Congress on how airports can transition to uniform, standards-based, and interoperable biometric identifier systems for airport workers with unescorted access to secure or sterile areas of an airport; and (2) conduct a risk-based analysis of selected Category X and I airports and other airports to identify where implementation of such systems could benefit them. Defines \"biometric identifier system\" as a system that uses biometric identifier information to match and confirm identity of individuals for purposes of transportation security. Requires the Secretary to convene a working group to assist with issues pertaining to implementing this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Carrier Safety Specialist Certification Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Transportation Equity Act for the 21st Century provides for the Secretary of Transportation to work in partnership with States and other political jurisdictions to establish programs to improve motor carrier, commercial motor vehicle, and driver safety, to support a safe and efficient transportation system by focusing resources on strategic safety investments, to promote safe for-hire and private transportation, including transportation of passengers and hazardous materials, to identify high-risk carriers and drivers, and to invest in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes. (2) The Department of Transportation's Office of Inspector General Report on the Federal Highway Administration's Motor Carrier Safety Program found that established policies and procedures do not ensure that motor carrier safety regulations are enforced. (3) The Report also found that the Safety Status Measurement System (known as ``SafeStat''), which was implemented to identify and target motor carriers with high- risk safety records, cannot target all carriers with the worst records because its database is incomplete and inaccurate, and data input is not timely. (4) Testimony by the General Accounting Office before the House of Representatives' Subcommittee on Transportation and Related Agencies indicated that SafeStat's ability to target high-risk carriers is also limited by out-of-date census data. (5) There are no procedures in place to certify Federal, State, and private motor carrier safety specialists and no standards to ensure consistent carrier compliance reviews. (6) There are no established protocols for acceptance of data from third-party or non-Federal or non-State motor carrier safety specialists, which detail the safety factors of motor carriers. (b) Purpose.--The purpose of this Act is to provide for the creation of a certification program for Motor Carrier Safety Specialists and to establish certain informational requirements in order to promote highway safety through a comprehensive review of motor carriers. SEC. 3. CREATION OF A CERTIFICATION PROGRAM FOR MOTOR CARRIER SAFETY SPECIALISTS. (a) In General.--Chapter 311 of title 49, United States Code, is amended by adding at the end thereof the following: ``Sec. 31148. Certified motor carrier safety specialists ``(a) In General.--The Secretary of Transportation, in consultation with the Motor Carrier Safety Specialist Certification Board, shall establish a program for the training and certification of Federal, State and local government, and nongovernmental motor carrier safety specialists by an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is-- ``(1) exempt from taxation under section 501(c)(1) of such Code established for the exclusive purpose of developing and administering training, testing, and certification procedures for motor carrier safety specialists; and ``(2) designated by the Secretary as the entity for carrying out the requirements of this section. ``(b) Certified Compliance Review Required.--No safety compliance review under this chapter, or required by this chapter, chapter 315, or the regulations in part 390 of title 49, Code of Federal Regulations, more than 3 years after the date of enactment of the Motor Carrier Safety Specialist Certification Act is valid unless it is conducted by a motor carrier safety specialist certified under the program established under subsection (a).''. (b) Conforming Amendment.--The chapter analysis for chapter 311 of title 49, United States Code, is amended by adding at the end thereof the following: ``31148. Certified motor carrier safety specialists.''. SEC. 4. PHASE-IN OF CERTIFICATION REQUIREMENT. (a) Establishment of Program.--The Secretary of Transportation shall establish the program required by section 31148(a) of title 49, United States Code, within 12 months after the date of enactment of this Act. (b) Certification of Federal Motor Carrier Safety Specialists.--The Secretary shall ensure that-- (1) within 24 months after the date of enactment of this Act-- (A) at least 50 percent of the employees of the Department of Transportation who perform reviews to determine compliance of carriers in accordance with regulations promulgated by the Secretary of Transportation, and (B) all State and local government employees who perform such compliance reviews, are certified under the program established under section 31148 of title 49, United States Code; and (2) within 36 months after such date, all Federal, State and local employees, and all non-governmental personnel, performing such compliance reviews are so certified. SEC. 5. CLEARINGHOUSE FUNCTION. (a) Verification of Information.--Section 31106(a) of title 49, United States Code, is amended by adding at the end of the following: ``(5) In carrying out the provisions of this section and section 31309, the Secretary shall accept and include information, subject to verification by a clearinghouse designated by the Motor Carrier Safety Specialist Certification Board, obtained from non-governmental motor carrier safety specialists certified under section 31148. The Secretary of Transportation shall work with the Motor Carrier Safety Specialist Certification Board and State Governments to establish by January 1, 2001 data exchange protocols that will enable the Secretary of Transportation to process data received from motor carrier safety specialists certified under section 31148.''. (b) Information Available to Public.--Section 31106(e) of title 49, United States Code, is amended by adding at the end the following: ``The Secretary of Transportation shall ensure that information obtained from motor carrier safety specialists certified under section 31148 of title 49, United States Code, is made available to the public, in accordance with such policy, in an easily accessible and understandable manner through the clearinghouse designated by the Motor Carrier Safety Specialist Certification Board no later than January 1, 2002.''. SEC. 6. PUBLIC EDUCATION FUNCTION. The Secretary of Transportation shall work with the Motor Carrier Safety Specialist Certification Board to establish and carry out a public education campaign to promote the use of safety performance information available under chapter 311 of title 49, United States Code, for the purpose of encouraging the use of such information in the decision-making process for hiring motor carriers. SEC. 7. DEFINITIONS. Motor Carrier Safety Specialist.--A Motor Carrier Safety Specialist is an individual who: (1) is responsible for conducting regulatory compliance reviews and safety inspections of commercial motor carriers,", "summary": "Directs the Secretary to work with the Motor Carrier Safety Specialist Certification Board to establish and carry out a public education campaign to promote the use of safety performance information in the decision-making process for hiring motor carriers. Defines \"motor carrier safety specialist\" to mean an individual responsible for conducting regulatory compliance reviews and safety inspections of commercial motor carriers."}
{"article": "SECTION 1. PROSPECTIVE PAYMENT FOR INPATIENT REHABILITATION HOSPITAL SERVICES BASED ON DISCHARGES CLASSIFIED BY FUNCTIONAL- RELATED GROUPS. (a) In General.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following new subsection: ``(j) Prospective Payment for Inpatient Rehabilitation Services.-- ``(1) In general.--Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of the payment with respect to the operating and capital costs of inpatient hospital services of a rehabilitation hospital or a rehabilitation unit (in this subsection referred to as a `rehabilitation facility') for a discharge is equal to the per discharge payment rate established under this subsection. ``(2) Functional-related groups.-- ``(A) Establishment.--The Secretary shall establish-- ``(i) classes of discharges of rehabilitation facilities by functional-related groups (each in this subsection referred to as a `functional-related group' or `FRG'), based on impairment, age, and functional capability of the discharged individual and such other factors as the Secretary deems appropriate, and ``(ii) a method of classifying specific discharges from rehabilitation facilities within these groups. ``(B) Weighting factors.--For each functional- related group the Secretary shall assign an appropriate weighting which reflects the relative facility resources used with respect to discharges classified within that group compared to discharges classified within other groups. ``(C) Adjustments.--The Secretary shall from time to time adjust the classifications and weighting factors established under this paragraph as appropriate to correct for forecast errors and to reflect changes in treatment patterns, technology, and other factors which may affect the relative use of resources. ``(3) Payment rate.-- ``(A) In general.--The Secretary shall determine a prospective payment rate for each rehabilitation facility discharge for which such rehabilitation facility is entitled to receive payment under this title. Subject to subparagraph (B), such rate for discharges during a fiscal year shall be based on the average payment per discharge under this title for inpatient operating and capital costs of rehabilitation facilities in fiscal year 1995 (as estimated by the Secretary) adjusted-- ``(i) by updating such per-discharge amount to the fiscal year involved by the applicable percentage increases provided under subsection (b)(3)(B)(i) for each year after fiscal year 1995 and up to the fiscal year involved; ``(ii) by reducing such rates by a factor equal to the proportion of payments under this subsection (as estimated by the Secretary) based on FRG prospective payment amounts which are additional payments described in paragraph (4) (relating to outlier and related payments) or paragraph (7); ``(iii) for variations among rehabilitation facilities by area under paragraph (6); ``(iv) by the weighting factors established under paragraph (2)(B); and ``(v) by such other factors as the Secretary determines are necessary to properly reflect variations in necessary costs of treatment among rehabilitation facilities. ``(B) Budget neutral rates.--The Secretary shall establish the prospective payment amounts under this subsection for discharges during each of fiscal years 1998 through 2002 at levels such that, in the Secretary's estimation, the amount of total payments under this subsection for each such fiscal year (including any payment adjustments pursuant to paragraph (7)) shall not exceed the amount of payments that would have been made under this title during the fiscal year for operating and capital costs of rehabilitation facilities had this subsection not been enacted. ``(4) Outlier and special payments.-- ``(A) Outliers.-- ``(i) Day outliers.--The Secretary shall provide for an additional payment to a rehabilitation facility for discharges in a functional-related group, the lengths of stay of which exceeded the mean length of stay for discharges within that group by a fixed number of days or exceeds such mean length of stay by some fixed number of deviations, whichever is the fewer number of days. ``(ii) Requesting additional payments.--For cases not included in clause (i), a rehabilitation facility may request additional payments in any case in which charges, adjusted to cost, exceed a fixed multiple of the applicable prospective payment rate, or exceed such other fixed dollar amount, whichever is greater, or exceed the prospective payment rate plus a fixed dollar amount determined by the Secretary. ``(iii) Payment based on marginal cost of care.--The amount of such additional payment under clauses (i) and (ii) shall be determined by the Secretary and shall approximate the marginal cost of care beyond the cutoff point applicable under clause (i) or (ii). ``(iv) Total payments.--The total amount of the additional payments made under this subparagraph for discharges in a fiscal year may not be less than 5 percent nor more than 6 percent of the total payments projected or estimated to be made based on FRG prospective payment rates for discharges in that year. ``(B) Adjustment.--The Secretary may provide for such adjustments to the payment amounts under this subsection as the Secretary deems appropriate to take into account the unique circumstances of rehabilitation facilities located in Alaska and Hawaii. ``(5) Publication.--The Secretary shall provide for publication in the Federal Register, on or before September 1 before each fiscal year (beginning with fiscal year 1998), of the classification and weighting factors for FRGs under paragraph (2) for such fiscal year and a description of the methodology and data used in computing the prospective payment rates under this subsection for that fiscal year. ``(6) Area wage adjustment.--The Secretary shall adjust the proportion (as estimated by the Secretary from time to time) of rehabilitation facilities' costs which are attributable to wages and wage-related costs, of the prospective payment rates computed under paragraph (3) for area differences in wage levels by a factor (established by the Secretary) reflecting the relative hospital wage level in the geographic area of the rehabilitation facility compared to the national average wage level for such facilities. Not later than October 1, 1998 (and at least every 12 months thereafter), the Secretary shall update the factor under the preceding sentence on the basis of a survey conducted by the Secretary (and updated as appropriate) of the wages and wage-related costs incurred in furnishing rehabilitation services. Any adjustments or updates made under this paragraph for a fiscal year shall be made in a manner that assures that the aggregated payments under this subsection in the fiscal year are not greater or less than those that would have been made in the year without such adjustment. ``(7) Additional adjustments.--The Secretary shall provide by regulation for-- ``(A) an additional payment to take into account indirect costs of medical education and the special circumstances of hospitals that serve a significantly disproportionate number of low-income patients in a manner similar to that provided under subparagraphs (B) and (F), respectively, of subsection (d)(5); and ``(B) such other exceptions and adjustments to payment amounts under this subsection in a manner similar to that provided under subsection (d)(5)(I) in relation to payments under subsection (d). ``(8) Limitation on review.--There shall be no administrative or judicial review under section 1878 or otherwise of-- ``(A) the establishment of FRGs, of the methodology for the classification of discharges within such groups, and of the appropriate weighting factors thereof under paragraph (2), and (B) the establishment of the prospective payment rates under paragraph (3).''. (b) Conforming Amendments.--Section 1886(b) of such Act (42 U.S.C. 1395ww(b)) is amended-- (1) in paragraph (1), by inserting ``and other than a rehabilitation facility described in subsection (j)(1)'' after ``subsection (d)(1)(B)'', and (2) in paragraph (3)(B)(i), by inserting ``and subsection (j)'' after ``For purposes of subsection (d)''. (c) Effective Date.--The amendments made by this section shall apply to cost reporting periods beginning on or after October 1, 1997.", "summary": "Amends title XVIII (Medicare) of the Social Security Act to provide for prospective payment under Medicare for inpatient rehabilitation hospital services and units based on discharges classified by functional-related groups."}
{"article": "SECTION 1. FINDINGS. Congress finds the following: (1) The roles of the Department of Defense and the Department of Homeland Security, and the resources necessary for homeland defense, are still evolving. (2) The decision to conduct an additional round of base closures and realignments in 2005 was developed before the tragic events of September 11, 2001. (3) The long-term, costs, and personnel requirements of Operation Enduring Freedom, Operation Noble Eagle, and Operation Iraqi Freedom are still unknown. (4) Additional funds are necessary to adequately supply the Armed Forces for current missions, while expediting military transformation. (5) The Congress will not have the opportunity to thoroughly review and consider the policy decisions culminating in the Global Posture Review before decisions regarding the closure and realignment of military installations will be required in the 2005 round of base closures and realignments. (6) The expected costs of implementing and executing base closures and realignments recommended in the 2005 round is estimated at $15,000,000,000 and net savings from such base closures and realignments will not be realized until approximately 2011. SEC. 2. TWO-YEAR POSTPONEMENT OF 2005 BASE CLOSURE AND REALIGNMENT ROUND. (a) Submittal of Recommendations Regarding Closure or Realignment of Military Installations.--Section 2914 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101- 510; 10 U.S.C. 2687 note), as added by section 3003 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1345), is amended-- (1) in the section heading, by striking ``2005'' and inserting ``2007''; and (2) in subsection (a), by striking ``May 16, 2005,'' and inserting ``May 16, 2007,''. (b) Commission Review and Recommendations.--Subsection (d) of such section is amended-- (1) in paragraphs (1) and (2), by striking ``September 8, 2005'' both places it appears and inserting ``September 8, 2007''; and (2) in paragraph (6)-- (A) by striking ``in 2005'' and inserting ``under this section''; and (B) by striking ``July 1, 2005'' and inserting ``July 1, 2007''. (c) Review by President and Transmittal to Congress.--Subsection (e) of such section is amended-- (1) in paragraph (1)-- (A) by striking ``in 2005'' and inserting ``under this section''; and (B) by striking ``September 23, 2005'' and inserting ``September 23, 2007''; (2) in paragraph (2), by striking ``October 20, 2005'' and inserting ``October 20, 2007''; and (3) in paragraph (3), by striking ``November 7, 2005'' and inserting ``November 7, 2007''. (d) Conforming Amendments.--(1) Section 2904(a)(3) of the Defense Base Closure and Realignment Act of 1990 is amended by striking ``in the 2005 report'' and inserting ``in a report submitted after 2001''. (2) Section 2906(e) of such Act is amended by striking ``2005'' and inserting ``2007''. (3) Section 2906A of such Act is amended-- (A) in the section heading, by striking ``2005'' and inserting ``2007''; and (B) by striking ``2005'' each place it appears and inserting ``2007''. (4) Section 2912 of such Act is amended-- (A) in the section heading, by striking ``2005'' and inserting ``2007''; (B) in subsection (a)(4), by striking ``fiscal year 2006'' and inserting ``fiscal year 2008''; (C) in subsections (b)(2) and (d), by striking ``in 2005'' each place it appears and inserting ``under section 2914''; (D) in subsection (d), by striking ``March 15, 2005'' both places it appears and inserting ``March 15, 2007''; (E) in subsection (d)(4), by striking ``calendar year 2005 and shall terminate on April 15, 2006'' and inserting ``calendar year 2007 and shall terminate on April 15, 2008''; and (F) in subsection (d)(5), by striking ``second session of the 108th Congress for the activities of the Commission in 2005'' and inserting ``second session of the 109th Congress for the activities of the Commission under section 2914''. (5) Section 2913 of such Act is amended-- (A) in the section heading, by striking ``2005'' and inserting ``2007''; (B) by striking ``in 2005'' each place it appears and inserting ``under section 2914''; (C) in subsection (e), by striking ``March 15, 2004'' and inserting ``March 15, 2006''.", "summary": "Amends the Defense Base Closure and Realignment Act of 1990 to postpone until: (1) 2007 the implementation of recommendations for military base closures and realignments currently scheduled for 2005; and (2) corresponding dates two years later certain dates for reviews, recommendations, and reports related to to such closures and realignments."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Accountability in Congressional Travel Act of 2012''. SEC. 2. ENHANCED DISCLOSURE OF MEMBER AND STAFF TRAVEL. (a) Reporting Requirements for Official Foreign Travel by Members and Employees.-- (1) Statement required prior to undertaking travel.--A Member or employee of Congress may not undertake any official foreign travel unless, not later than 14 days prior to the date on which the travel begins, the Member or employee prepares and submits to the Clerk of the House of Representatives (in the case of a Member or employee of the House) or the Secretary of the Senate (in the case of a Senator or employee of the Senate) a statement containing the following information: (A) The name and position of the Member or employee involved, and (in the case of an employee) the employing office. (B) The office authorizing the travel. (C) A statement of worthiness regarding the purpose of the travel, including a description of how the travel relates to the Member's or employee's official duties. (D) A tentative itinerary for each day of the travel, including a list of the foreign nations and the locations within each such nation the Member or employee intends to visit and any individuals with whom the Member or employee intends to meet. (E) The names of any other individuals who are accompanying the Member or employee during the travel, without regard to whether such individuals are Members or employees of the House. (F) The amount of per diem the Member or employee requested to be provided for the travel, and whether the amount is greater than the standard per diem provided under chapter 57 of title 5, United States Code. (G) A statement as to whether the aircraft to be used for transportation for the travel is commercial, chartered, private, or military), and (in the case of commercial aircraft) whether the seating is coach, business class, or first class. (H) The Member's or employee's best estimate of the costs of the travel, itemized by the costs of transportation, meals, and lodging. (I) If any portion of the cost of the travel will be paid using appropriated funds other than funds of the House of Representatives or Senate (including funds of the Department of Defense or the Department of State), the name of the office which is the source of such funds. (2) Statement required after completion of travel.--Not later than 14 days after completing any official foreign travel, the Member or employee who undertook the travel shall prepare and submit to the Clerk of the House of Representatives (in the case of a Member or employee of the House) or the Secretary of the Senate (in the case of a Senator or employee of the Senate) a statement containing the following information: (A) The name and position of the Member or employee involved, and (in the case of an employee) the employing office. (B) The office authorizing the travel. (C) A statement detailing the value, worthiness, and educational benefit to the Member or employee of the travel. (D) The actual itinerary for the travel, including a comprehensive statement of travel times, foreign nations visited and the locations visited in each such nation, meetings, and other activities carried out during the travel. (E) The names of any other individuals who did accompany the Member or employee during the travel, without regard to whether such individuals are Members or employees of the House. (F) How much (if any) per diem was provided for the travel and how much (if any) of such per diem was unspent. (G) A statement as to whether the aircraft used for transportation for the travel was commercial, chartered, private, or military), and (in the case of commercial aircraft) whether the seating was coach, business class, or first class. (H) The actual cost of the travel, itemized by the costs of-- (i) transportation (including the identification of the providers of the transportation); (ii) lodging (including the identification of the providers of the lodging); and (iii) meals (including the identification of the providers of the meals). (I) If any portion of the cost of the travel was paid (or will be paid) using appropriated funds other than funds of the House of Representatives or Senate (including funds of the Department of Defense or the Department of State), the name of the office which is the source of such funds and the amount of the payment which is (or which will be) attributable to such office. (3) Exception for classified information.--A Member or employee may exclude from a statement prepared under this subsection any information which is classified, so long as the Member includes documentation in support of the exclusion in the statement prepared under this subsection. (4) Use of electronic filing.--To the greatest extent practicable, a Member or employee shall submit the statements required under this section in both paper and electronic form. (b) Determination and Disclosure of Costs Incurred by Secretary of Defense or Secretary of State.--In the case of official foreign travel of a Member or employee of Congress for which any of the costs are to be paid by funds of the Department of Defense or the Department of State, the Secretary of Defense or the Secretary of State (as the case may be) shall, not later than 10 days after completion of the travel involved, provide the Member or employee with a written statement containing the following information: (1) The cost incurred with respect to the Member or employee, itemized by the cost of transportation, lodging, and meals. (2) A statement as to whether the aircraft used for transportation for the travel was commercial, chartered, private, or military), and (in the case of commercial aircraft) whether the seating was coach, business class, or first class. (3) Such other information as the Member or employee may request in order to enable the Member or employee to prepare and submit the statement required under subsection (a)(2). (c) Internet Posting of Reports.--Upon receiving a statement under subsection (a) with respect to official foreign travel of a Member or employee of Congress, the Clerk of the House of Representatives or the Secretary of the Senate (as the case may be) shall post the statement on the Clerk's or Secretary's official public Internet site in a searchable, sortable, and downloadable manner. SEC. 3. OTHER RESTRICTIONS ON OFFICIAL FOREIGN TRAVEL OF MEMBERS AND STAFF. (a) Prohibiting Vacation Stopovers During Travel.--A Member or employee of Congress may not undertake a vacation stopover for annual leave at any point during official foreign travel. (b) Restrictions on Travel by Employees.-- (1) Travel by employees of members.--An employee of Congress whose employing office is the office of a Member of Congress may not undertake any official foreign travel unless-- (A) the authorizing office for the travel is the office of the Member; (B) the travel is undertaken by the employee to accompany the Member on the Member's own official foreign travel; and (C) no other employee of the office accompanies the Member on such travel. (2) Travel by employees of committees.--An employee of Congress whose employing office is the office of a committee of the House of Representatives or Senate (including a joint committee) may not undertake any official foreign travel unless-- (A) the authorizing office for the travel is the office of the committee; (B) the travel is undertaken by the employee to accompany a Member who serves on the committee on the Member's own official foreign travel; and (C) the number of employees accompanying the Members of the committee on such travel does not exceed the number of Members of the committee who are participating in such travel. (3) Exception for certain travel.--This subsection does not apply with respect to travel to a military installation or travel to a theater of operations of the Armed Forces. (c) Requiring Efforts To Reduce Expenses; Return of Unspent Per Diem.--Each Member and employee of Congress who undertakes official foreign travel shall-- (1) take such actions as may be necessary to reduce the costs incurred for such travel; and (2) return any per diem provided to the Member or employee which remains unexpended as of the conclusion of the travel. (d) No Effect on Other Authorization Requirements.--Nothing in this section shall be construed to affect any requirement under the Rules of the House of Representatives, the Standing Rules of the Senate, or any law that a Member, officer, or employee of Congress obtain authorization for official foreign travel prior to undertaking such travel. (e) Regulations.--This section shall be carried out in accordance with regulations promulgated-- (1) by the Committee on House Administration of the House of Representatives, with respect to Members and employees of the House of Representatives; or (2) by the Committee on Rules and Administration of the Senate, with respect to Senators and employees of the Senate. SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) The term ``authorizing office'' means, with respect to a Member or employee of Congress, the office which is authorized under law or the Rules of the House of Representatives or the Standing Rules of the Senate to approve the use of appropriated funds, including official funds of the Senate or House of Representatives, for official travel outside of the United States by the Member or employee. (2) The term ``employee of Congress'' means an individual whose salary is disbursed by the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate. (3) The term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. (4) The term ``official foreign travel'' means any travel outside of the United States for which the costs (including the costs of transportation, lodging, meals, and related expenses) may be covered by appropriated funds, including official funds of the Senate or House of Representatives, under law or the Rules of the House of Representatives or the Standing Rules of the Senate, or by funds provided under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754(b)). SEC. 5. EFFECTIVE DATE. This Act shall apply with respect to official foreign travel undertaken after the expiration of the 90-day period which begins on the date of the enactment of this Act.", "summary": "Transparency and Accountability in Congressional Travel Act of 2012 - Prohibits a Member of Congress or congressional employee from undertaking any official foreign travel unless, within 14 days before and within 14 days after such travel, the individual prepares and submits to the Clerk of the House of Representatives or the Secretary of the Senate, as appropriate, a specified statement (in both paper and electronic form) containing travel-related information. Allows the Member or congressional employee to exclude classified information from such statements, so long as the Member includes documentation in support of such exclusion. Requires the Secretary of Defense (DOD) or the Secretary of State, as appropriate, for official travel by a Member or congressional employee for which any of the costs are to be paid by their respective departmental funds, to give such individual, within 10 days after completion of such travel, a written statement specifying: (1) the cost incurred, itemized by the cost of transportation, lodging, and meals; and (2) whether the aircraft used was chartered, private, military, or, in the case of commercial aircraft, whether the seating was coach, business class, or first class. Requires the Clerk and the Secretary to post such statements on their respective official public Internet sites. Prohibits a vacation stopover for annual leave at any point during official foreign travel. Specifies restrictions on official foreign travel by Member and House committee employees, except travel to a military installation or to a theater of operations of the Armed Forces. Requires each Member and congressional employee who undertakes official foreign travel to: (1) take necessary actions to reduce travel costs, and (2) return any per diem remaining unexpended at conclusion of the travel."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Family and Medical Leave Enhancement Act of 2009''. SEC. 2. ELIGIBLE EMPLOYEE. Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each place it appears and inserting ``fewer than 25''. SEC. 3. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR PARENTAL INVOLVEMENT AND FAMILY WELLNESS. (a) Leave Requirement.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following new paragraph: ``(5) Entitlement to additional leave for parental involvement and family wellness.-- ``(A) In general.--Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph to-- ``(i) participate in or attend an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee; or ``(ii) meet routine family medical care needs, including for medical and dental appointments of the employee or a son, daughter, spouse, or grandchild of the employee, or to attend to the care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes. ``(B) Limitations.-- ``(i) In general.--An eligible employee is entitled to-- ``(I) not to exceed 4 hours of leave under this paragraph during any 30-day period; and ``(II) not to exceed 24 hours of leave under this paragraph during any 12-month period. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. ``(C) Definitions.--As used in this paragraph: ``(i) School.--The term `school' means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), or a child care facility. ``(ii) Community organization.--The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 101(12), such as a scouting or sports organization.''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following new sentence: ``Leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following new subparagraph: ``(C) Parental involvement leave and family wellness leave.--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for any leave under subsection (a)(5). In addition, an eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid medical or sick leave of the employee for leave provided under clause (ii) of subsection (a)(5)(A) for any part of the leave under such clause, except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave. If the employee elects or the employer requires the substitution of accrued paid leave for leave provided under subsection (a)(5)(A), the employer shall not restrict or limit this substitution or impose any additional terms and conditions on such leave that are more stringent on the employee than the terms and conditions set forth in this Act.''. (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following new paragraph: ``(4) Notice relating to parental involvement and family wellness leave.--In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall-- ``(A) provide the employer with not less than 7 days' notice or as much notice as is practicable before the date the leave is to be taken, of the employee's intention to take leave under such paragraph; and ``(B) in the case of leave to be taken under subparagraph (A)(ii), make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider involved (if any).''. (f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following new subsection: ``(g) Certification Related to Parental Involvement and Family Wellness Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. (g) Definition of Grandchild.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following new paragraph: ``(14) Grandchild.--The term `grandchild' means a son or daughter of an employee's son or daughter.''. SEC. 4. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL INVOLVEMENT AND FAMILY WELLNESS. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following new paragraph: ``(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an employee shall be entitled to leave under this paragraph to-- ``(i) participate in or attend an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee; or ``(ii) meet routine family medical care needs, including for medical and dental appointments of a son, daughter, spouse, or grandchild of the employee, or to attend to the care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes. ``(B)(i) An employee is entitled to-- ``(I) not to exceed 4 hours of leave under this paragraph during any 30-day period; and ``(II) not to exceed 24 hours of leave under this paragraph during any 12-month period. ``(ii) Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. ``(C) For the purpose of this paragraph-- ``(i) the term `school' means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965), a Head Start program assisted under the Head Start Act, and a child care facility licensed under State law; and ``(ii) the term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 6381(6), such as a scouting or sports organization.''. (b) Schedule.--Section 6382(b)(1) of such title is amended-- (1) by inserting after the second sentence the following new sentence: ``Leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''; and (2) in the last sentence, by striking ``involved,'' and inserting ``involved (or, in the case of leave under subsection (a)(5), for purposes of any 30-day or 12-month period),''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended-- (1) by inserting ``(1)'' after the subsection designation; and (2) by adding at the end the following: ``(2) An employee may elect to substitute for leave under subsection (a)(5), any of the employee's accrued or accumulated annual or sick leave under subchapter I. If the employee elects to substitute accumulated annual or sick leave for leave provided under subsection (a)(5), the employing agency shall not restrict or limit this substitution or impose any additional terms and conditions on such leave that are more stringent on the employee than the terms and conditions set forth in this subchapter.''. (d) Notice.--Section 6382(e) of such title is amended by adding at the end the following new paragraph: ``(3) In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall-- ``(A) provide the employing agency with not less than 7 days' notice, before the date the leave is to be taken, of the employee's intention to take leave under such paragraph; and ``(B) in the case of leave to be taken under subparagraph (A)(ii), make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider involved (if any).''. (e) Certification.--Section 6383(f) of such title is amended by striking ``6382(a)(3)'' and inserting ``paragraph (3) or (5) of section 6382(a)''. (f) Definition of Grandchild.--Section 6381 of title 5, United States Code, is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(12) the term `grandchild' means a son or daughter of an employee's son or daughter.''.", "summary": "Family and Medical Leave Enhancement Act of 2009 - Amends the Family and Medical Leave Act of 1993 (FMLA) to cover employees at worksites that employ fewer than 50 employees, but not fewer than 25 employees. Continues to exempt from FMLA coverage employees at worksites that employ fewer than 25 employees (currently 50), if the total number of employees employed by that employer within 75 miles of that worksite is fewer than 25 (currently 50). Allows an employee covered by FMLA to take up to 4 hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend activities that are sponsored by a school or community organization; and (2) relate to a program of the school or organization that is attended by the employee's child or grandchild. Permits the use of such parental involvement leave to meet routine family medical care needs, including: (1) such employee's medical and dental appointments, or their spouse, child, or grandchild; and (2) the care needs of their related elderly individuals, including visits to nursing homes and group homes. Allows an employee to elect, or an employer to require, substitution of any of the paid or family leave or paid medical or sick leave of the employee for any leave provided under this Act. Declares that nothing in this Act shall require an employer to provide paid sick leave or paid medical leave in situations where such employer would not normally provide any such paid leave. Imposes on the employee requesting leave certain notification requirements. Allows an employer to require certification supporting such requests. Applies the parental involvement and family wellness leave allowance to federal employees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Transparency and Ethics Enhancement Act of 2017''. SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH. (a) Establishment and Duties.--Part III of title 28, United States Code, is amended by adding at the end the following: ``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH ``Sec. ``1021. Establishment. ``1022. Appointment, term, and removal of Inspector General. ``1023. Duties. ``1024. Powers. ``1025. Reports. ``1026. Whistleblower protection. ``Sec. 1021. Establishment ``There is established for the judicial branch of the Government the Office of Inspector General for the Judicial Branch (in this chapter referred to as the `Office'). ``Sec. 1022. Appointment, term, and removal of Inspector General ``(a) Appointment.--The head of the Office shall be the Inspector General, who shall be appointed by the Chief Justice of the United States after consultation with the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives. ``(b) Term.--The Inspector General shall serve for a term of 4 years and may be reappointed by the Chief Justice of the United States for any number of additional terms. ``(c) Removal.--The Inspector General may be removed from office by the Chief Justice of the United States. The Chief Justice shall communicate the reasons for any such removal to both Houses of Congress. ``Sec. 1023. Duties ``With respect to the judicial branch, the Office shall-- ``(1) conduct investigations of alleged misconduct in the judicial branch (other than the United States Supreme Court) under chapter 16 that may require oversight or other action within the judicial branch or by Congress; ``(2) conduct investigations of alleged misconduct in the United States Supreme Court that may require oversight or other action within the judicial branch or by Congress; ``(3) conduct and supervise audits and investigations; ``(4) prevent and detect waste, fraud, and abuse; and ``(5) recommend changes in laws or regulations governing the judicial branch. ``Sec. 1024. Powers ``(a) Powers.--In carrying out the duties of the Office, the Inspector General shall have the power to-- ``(1) make investigations and reports; ``(2) obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission; ``(3) require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence, memoranda, papers, and documents, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; ``(4) administer to or take from any person an oath, affirmation, or affidavit; ``(5) employ such officers and employees, subject to the provisions of title 5, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; ``(6) obtain services as authorized by section 3109 of title 5 at daily rates not to exceed the equivalent rate for a position at level IV of the Executive Schedule under section 5315 of such title; and ``(7) the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the duties of the Office. ``(b) Chapter 16 Matters.--The Inspector General shall not commence an investigation under section 1023(1) until the denial of a petition for review by the judicial council of the circuit under section 352(c) of this title or upon referral or certification to the Judicial Conference of the United States of any matter under section 354(b) of this title. ``(c) Limitation.--The Inspector General shall not have the authority to-- ``(1) investigate or review any matter that is directly related to the merits of a decision or procedural ruling by any judge, justice, or court; or ``(2) punish or discipline any judge, justice, or court. ``Sec. 1025. Reports ``(a) When To Be Made.--The Inspector General shall-- ``(1) make an annual report to the Chief Justice and to Congress relating to the activities of the Office; and ``(2) make prompt reports to the Chief Justice and to Congress on matters that may require action by the Chief Justice or Congress. ``(b) Sensitive Matter.--If a report contains sensitive matter, the Inspector General may so indicate and Congress may receive that report in closed session. ``(c) Duty To Inform Attorney General.--In carrying out the duties of the Office, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. ``Sec. 1026. Whistleblower protection ``(a) In General.--No officer, employee, agent, contractor, or subcontractor in the judicial branch may discharge, demote, threaten, suspend, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge, justice, or any other employee in the judicial branch, which may assist the Inspector General in the performance of duties under this chapter. ``(b) Civil Action.--An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.''. (b) Technical and Conforming Amendment.--The table of chapters for part III of title 28, United States Code, is amended by adding at the end the following: ``60. Inspector General for the judicial branch............ 1021''.", "summary": "Judicial Transparency and Ethics Enhancement Act of 2017 This bill amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch to investigate alleged misconduct in the judicial branch, including the Supreme Court; to conduct and supervise audits and investigations; and to prevent and detect waste, fraud, and abuse."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Consumer Financial Protection Advisory Board Enhancement Act''. SEC. 2. ESTABLISHMENT OF ADVISORY BOARDS WITHIN THE BUREAU OF CONSUMER FINANCIAL PROTECTION. (a) In General.--The Consumer Financial Protection Act of 2010 is amended by inserting after section 1014 (12 U.S.C. 5494) the following: ``SEC. 1014A. ADVISORY BOARDS. ``(a) Definitions.--In this section-- ``(1) the term `eligible financial product or service' means a financial product or service that is offered or provided for use by consumers primarily for personal, family, or household purposes as described in clause (i), (iii), (v), (vi), or (ix) of section 1002(15)(A); ``(2) the term `rural area' has the meaning given the term in section 1393(a)(2) of the Internal Revenue Code of 1986; and ``(3) the terms `small business concern', `small business concern owned and controlled by veterans', and `small business concern owned and controlled by women' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632). ``(b) Small Business Advisory Board.-- ``(1) Establishment.--The Director shall establish a Small Business Advisory Board-- ``(A) to advise and consult with the Bureau in the exercise of the functions of the Bureau under the Federal consumer financial laws applicable to eligible financial products or services; and ``(B) to provide information on emerging practices of small business concerns that provide eligible financial products or services, including regional trends, the effect that decisions by the Bureau have on rural areas, concerns, and other relevant information. ``(2) Membership.-- ``(A) Number.--The Director shall appoint not less than 15 and not more than 20 members to the Small Business Advisory Board. ``(B) Qualification.--Members appointed under subparagraph (A) shall be representatives of small business concerns that-- ``(i) provide eligible financial products or services; and ``(ii) are service providers to covered persons. ``(C) Additional considerations.--In appointing members under subparagraph (A), the Director shall-- ``(i) include members representing small business concerns owned and controlled by veterans, small business concerns owned and controlled by women, and minority-owned small business concerns, and the interests of those concerns, without regard to party affiliation; and ``(ii) require an adequate representation of members that own small business concerns for which the principal place of business is in a rural or underserved area. ``(3) Meetings.--The Small Business Advisory Board-- ``(A) shall meet from time to time at the call of the Director; and ``(B) shall meet not less than twice each year. ``(c) Credit Union Advisory Council.-- ``(1) Establishment.--The Director shall establish a Credit Union Advisory Council to advise and consult with the Bureau on consumer financial products or services that impact credit unions. ``(2) Membership.-- ``(A) Number.--The Director shall appoint not less than 15 and not more than 20 members to the Credit Union Advisory Council. ``(B) Considerations.--In appointing members under subparagraph (A), the Director shall-- ``(i) include members representing credit unions predominantly serving traditionally underserved communities and populations and their interests, without regard to party affiliation; and ``(ii) require an adequate representation of members that represent credit unions that are headquartered in a rural or underserved area. ``(3) Meetings.--The Credit Union Advisory Council-- ``(A) shall meet from time to time at the call of the Director; and ``(B) shall meet not less than twice each year. ``(d) Community Bank Advisory Council.-- ``(1) Establishment.--The Director shall establish a Community Bank Advisory Council to advise and consult with the Bureau on consumer financial products or services that impact community banks. ``(2) Membership.-- ``(A) Number.--The Director shall appoint not less than 15 and not more than 20 members to the Community Bank Advisory Council. ``(B) Considerations.--In appointing members under subparagraph (A), the Director shall-- ``(i) include members representing community banks predominantly serving traditionally underserved communities and populations and their interests, without regard to party affiliation; and ``(ii) require an adequate representation of members that represent community banks that are headquartered in a rural or underserved area. ``(3) Meetings.--The Community Bank Advisory Council-- ``(A) shall meet from time to time at the call of the Director; and ``(B) shall meet not less than twice each year. ``(e) Compensation and Travel Expenses.--Members of the Small Business Advisory Board, the Credit Union Advisory Council, or the Community Bank Advisory Council, as established under subsections (b), (c), and (d), respectively, who are not full-time employees of the United States shall-- ``(1) be entitled to receive compensation at a rate fixed by the Director while attending meetings of the Small Business Advisory Board, the Credit Union Advisory Council, or the Community Bank Advisory Council, including travel time; and ``(2) be allowed travel expenses, including transportation and subsistence, while away from their homes or regular places of business.''. (b) Table of Contents Amendment.--The table of contents in section 1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by inserting after the item relating to section 1014 the following: ``Sec. 1014A. Advisory Boards.''.", "summary": "Bureau of Consumer Financial Protection Advisory Board Enhancement Act This bill amends the Consumer Financial Protection Act of 2010 to require the Director of the Consumer Financial Protection Bureau (CFPB) to establish: (1) a Small Business Advisory Board to advise and consult with the CFPB in the exercise of its functions under the federal consumer financial laws regarding financial products or services provided for use by consumers primarily for personal, family, or household purposes and to provide information on emerging practices of small businesses that provide such products or services; and (2) a Credit Union Advisory Council and a Community Bank Advisory Council to advise and consult with the CFPB on consumer financial products or services that impact credit unions and community banks, respectively."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preservation of Antibiotics for Human Treatment Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Several antibiotics and classes of antibiotics, particularly penicillins, tetracyclines, macrolides (including but not limited to erythromycin and tylosin), lincomycin, bacitracin, virginiamycin, aminoglycosides, and sulfonamides, that either are used in or are related to antibiotics used in humans to treat infectious diseases are also routinely administered to healthy agricultural animals, generally via feed or water, in order to promote the animals' growth or to prevent disease. Such uses do not require a veterinarian's prescription. (2) Mounting scientific evidence shows that this nontherapeutic use of antibiotics in agricultural animals can lead to development of antibiotic-resistant bacteria that can be transferred to people, making it harder to treat certain infections. (3) In 1969, the Swann Committee was formed in the United Kingdom to examine the public health effects of use of antimicrobial drugs in food-producing animals. The Committee recommended that antimicrobials be divided into ``feed'' and ``therapeutic'' classes of drugs and that the ``feed'' class not include drugs used therapeutically in humans or animals. Most developed countries in the world, with the exception of the United States and Canada, restrict the use of antimicrobials in animal production systems for growth promotion. (4) In 1997, the World Health Organization recommended that antibiotics used to treat humans should not also be used to promote animal growth, although such antibiotics could still be used to treat ill animals. (5) In July 1998, the National Academy of Sciences, in a report prepared at the request of the United States Department of Agriculture and the Food and Drug Administration, concluded ``there is a link between the use of antibiotics in food animals, the development of bacterial resistance to these drugs, and human disease''. (6) In December 1998, health ministers for the European Union countries voted to ban the remaining human-use antibiotics still in use to promote animal growth. The ban on using virginiamycin, tylosin, spiramycin, and bacitracin in animal feed became effective for the 15 member states of the European Union on July 1, 1999. Prior to that action, individual European countries, including the United Kingdom, Denmark, Finland, and Sweden, had banned the use in animal feed of specific antibiotics. (7) An April 1999 study by the General Accounting Office concluded that resistant strains of three microorganisms that cause foodborne illness or disease in humans--salmonella, campylobacter, and E. coli--are linked to the use of antibiotics in animals. (8) In October 2000, the Food and Drug Administration issued a notice announcing its intention to withdraw approvals for use of fluoroquinolone antibiotics in poultry, in light of the fact that increased resistance to fluoroquinolones in certain bacteria followed approval of those antibiotics for such use in the mid-1990s. While one company (Abbott Laboratories) immediately agreed to voluntarily withdraw its product, the only other manufacturer (Bayer Corp.) is contesting FDA's proposed withdrawal and continues to market its product. Previous proceedings by FDA to withdraw approval of animal drugs have taken substantial amounts of time following initiation of formal action by FDA, including 6 years in one instance and 20 in another. (9) In November 2000, the American Medical Association, American Public Health Association, and other health organizations urged Bayer Corp. to comply voluntarily with FDA's proposed ban. (10) In June 2001, the American Medical Association adopted a resolution opposing nontherapeutic use of antimicrobials in animal agriculture. Organizations that have taken a similar position include the American College of Preventive Medicine, the American Public Health Association, and the Council of State and Territorial Epidemiologists. (11) In October 2001, the New England Journal of Medicine published a guest editorial titled ``Antimicrobials in Animal Feed--Time to Stop''. The editorial urged a ban on nontherapeutic use in animals of medically important antibiotics, and on use in animals of fluoroquinolones. (12) In January 2001, a Federal Interagency Task Force released an Action Plan, which notes that ``drug-resistant pathogens are a growing menace to all people, regardless of age, gender, or socioeconomic background. If we do not act to address the problem... [d]rug choices for the treatment of common infections will become increasingly limited and expensive--and, in some cases, nonexistent.''. (13) Scientific studies have shown that resistance traits can be transferred among unrelated species of bacteria, including from nonpathogens to pathogens. SEC. 3. REQUIRING PROOF OF SAFETY OF ANTIMICROBIAL NEW ANIMAL DRUGS. (a) Nontherapeutic Use; Applications Pending on or Submitted After Enactment.--Section 512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(d)(1)) is amended-- (1) in subparagraph (H), by striking ``or'' at the end; (2) by redesignating subparagraph (I) as subparagraph (J); (3) by inserting after subparagraph (H) the following subparagraph: ``(I) such drug is an antimicrobial new animal drug and the applicant has failed to demonstrate that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use of such drug; or''; and (4) in the matter after and below subparagraph (J) (as redesignated by paragraph (2) of this subsection), by striking ``(A) through (I)'' and inserting ``(A) through (J)''. (b) Nontherapeutic Use; Rescinding of Approval for Certain Currently Approved Drugs.--Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the following subsection: ``(q) With respect to each antimicrobial new animal drug for which, as of the day before the date of the enactment of the Preservation of Antibiotics for Human Treatment Act of 2002, there was in effect an approval of an application filed pursuant to subsection (b), the approval of a nontherapeutic use of such drug (including use through animal feed that bears or contains such drug) is subject to the following, as applicable: ``(1) In the case of penicillins, tetracyclines, macrolides (including but not limited to erythromycin and tylosin), lincomycin, bacitracin, virginiamycin, aminoglycosides, and sulfonamides: ``(A) Each approval of a nontherapeutic use of any of such drugs in an animal is rescinded upon the expiration of the two-year period beginning on such date of enactment unless, before the expiration of such period, the Secretary determines that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use of such drug. ``(B) In carrying out subparagraph (A), the Secretary may not consider any data regarding the antimicrobial new animal drug involved that is submitted to the Secretary after the expiration of the 180-day period beginning on such date of enactment, unless such data were not available for submission within such 180-day period. ``(C) If pursuant to subparagraph (A) the Secretary determines, with respect to the antimicrobial new animal drug involved, that there is not a reasonable certainty of no harm to human health, the Secretary may issue an order withdrawing approval of such drug at any time before the date on which the drug would be rescinded under such subparagraph. ``(2) In the case of an antimicrobial new animal drug that is not referred to in paragraph (1): ``(A) If the Secretary grants an exemption under section 505(i) regarding such a drug, or a drug with substantially the same active ingredients, each approval of a nontherapeutic use of such new animal drug in an animal is rescinded upon the expiration of the two-year period beginning on the date on which the Secretary provides notice in accordance with subparagraph (C) regarding the new animal drug, except as provided in subparagraph (D). Such notice shall be so provided not later than 10 days after the date on which the Secretary grants the exemption under section 505(i). ``(B) If an application for such a drug, or a drug with substantially the same active ingredients, is submitted to the Secretary under section 505(b) or under section 351 of the Public Health Service Act, and the Secretary has not previously granted an exemption under section 505(i) regarding the drug, each approval of a nontherapeutic use of such new animal drug in an animal is rescinded upon the expiration of the two-year period beginning on the date on which the Secretary provides notice in accordance with subparagraph (C) regarding the new animal drug, except as provided in subparagraph (D). Such notice shall be so provided not later than 10 days after the date on which the Secretary receives the application under section 505(b) or under such section 351, as the case may be. ``(C) For purposes of subparagraph (A) and (B), notice regarding the antimicrobial new animal drug involved is provided in accordance with this subparagraph if the Secretary informs the holder of the approved application for the nontherapeutic use of such drug, in writing, of the applicability of this paragraph to such application (including that approval of the application will be rescinded, except as provided in subparagraph (D), and including the opportunity under subparagraph (E) to submit data). ``(D) Subparagraph (A) or (B), as the case may be, applies to the antimicrobial new animal drug involved unless, before the date on which approval would be rescinded under such subparagraph, the Secretary determines that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use of such drug. ``(E) In carrying out subparagraph (A) or (B), the Secretary may not consider any data regarding the antimicrobial new animal drug involved that is submitted to the Secretary after the expiration of the 180-day period beginning on the date on which the Secretary provides notice in accordance with subparagraph (C) to the holder of the approved application for the nontherapeutic use of such drug. ``(F) If pursuant to subparagraph (A) or (B) the Secretary determines, with respect to the antimicrobial new animal drug involved, that there is not a reasonable certainty of no harm to human health, the Secretary may issue an order withdrawing approval of such drug at any time before the date on which the drug would be rescinded under such subparagraph.''. (c) All Uses of Fluoroquinolones in Poultry; Rescinding of Approval for Currently Approved Drugs.--Section 512 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b) of this section, is amended by adding at the end the following: ``(r) With respect to a fluoroquinolone for which, as of the day before the date of the enactment of the Preservation of Antibiotics for Human Treatment Act of 2002, there was in effect an approval of an application filed pursuant to subsection (b), the use of such drug (including use through animal feed that bears or contains such drug) is subject to the following: ``(1) Each approval of the use of such drug in poultry is rescinded upon the expiration of the 180-day period beginning on such date of enactment unless, before the expiration of such period, the Secretary determines that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the use of such drug in poultry. ``(2) In carrying out paragraph (1), the Secretary may not consider any data regarding a fluoroquinolone that is submitted to the Secretary by the holder of the approved application unless such data has been submitted to FDA Docket No. 00N-1571. The preceding sentence may not be construed as requiring the Secretary to accept further submissions to such docket if the period designated by the Secretary for the receipt of such submissions has ended.''. (d) Definition of Nontherapeutic Use.--Section 512 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (c) of this section, is amended by adding at the end the following: ``(s) For purposes of this section, the term `nontherapeutic use', with respect to an antimicrobial new animal drug, means any use of such drug in an animal in the absence of disease, including use for growth promotion, feed efficiency, or routine disease prevention.''.", "summary": "Preservation of Antibiotics for Human Treatment Act of 2002 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to refuse to approve an application for an antimicrobial new animal drug when the applicant fails to demonstrate to a reasonable certainty that human health will not be harmed because of the development of antimicrobial resistance attributable to the nontherapeutic use of such drug.Rescinds within a specified period existing approvals and exemptions concerning the nontherapeutic use of certain antimicrobial drugs until the applicant meets the same standard of lack of harm to human health as required for new animal drugs, including the use of penicillins, tetracyclines, macrolides, lincomycin, bacitracin, virginiamycin, aminoglycosides, and sulfonamides in an animal and fluroroquinolones in poultry."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Declaration of Official Language Act of 1997''. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language. ``162. Preferred language of communication ``163. Preserving and enhancing the role of the official language ``164. Duties of citizenship. ``165. Reform of naturalization requirement. ``166. Exceptions. ``167. Preemption. ``168. Construction. ``169. Enforcement. ``Sec. 161. Declaration of official language ``English is the official language of the Government of the United States. ``Sec. 162. Preferred language of communication ``English is the preferred language of communication among citizens of the United States. ``Sec. 163. Preserving and enhancing the role of the official language ``The Government of the United States shall promote and support the use of English for communications among United States citizens. Communications by officers and employees of the Government of the United States with United States citizens shall be in English. ``Sec. 164. Duties of citizenship ``All United States citizens should be encouraged to read, write, and speak English to the extent of their physical and mental abilities. ``Sec. 165. Reform of naturalization requirements ``(a) It has been the long-standing national belief that full citizenship in the United States requires fluency in English. English is the language of opportunity for all immigrants to take their rightful place in American society. ``(b) The Immigration and Naturalization Service shall-- ``(1) enforce the established English language proficiency standard for all applicants for United States citizenship, and ``(2) conduct all naturalization ceremonies entirely in English. ``Sec. 166. Exceptions ``This chapter does not apply to the use of a language other than English for-- ``(1) religious purposes, ``(2) training in foreign languages for international communication, or ``(3) use of non-English terms of art in government documents. ``Sec. 167. Preemption ``This chapter preempts any State or Federal law which is inconsistent with this chapter. ``Sec. 168. Construction ``This Act is not intended to affect programs in schools designed to encourage students to learn foreign languages. ``Sec. 169. Enforcement ``(a) Cause of Action.--Whoever is injured by a violation of this chapter may, in a civil action, obtain appropriate relief. ``(b) Attorney's Fees.--In any action under this chapter, the court may allow a prevailing party, other than the United States, a reasonable attorney's fee as part of costs.''. (b) Clerical Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. (c) Repeals.--Title VII of the Elementary and Secondary Education Act of 1965 (other than sections 7201 through 7309) is repealed. SEC. 3. REPEAL OF BILINGUAL VOTING REQUIREMENTS. (a) In General.-- (1) Bilingual election requirements.-- Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (2) Voting rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). (b) Conforming Amendments.-- (1) References to section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in section 204, by striking ``or 203,''; and (B) in the first sentence of section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (2) References to section 4.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, and 13, by striking ``, or in contravention of the guarantees set forth in section 4(f)(2)''; (B) in paragraphs (1)(A) and (3) of section 4(a), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2)''; and (C) in paragraphs (1)(B) and (5) of section 4(a), by striking ``or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''.", "summary": "Declaration of Official Language Act of 1997 - Declares English to be the official language of the U.S. Government. States that English is the preferred language of communication among U.S. citizens. Requires the U.S. Government to promote and support the use of English for communications among U.S. citizens. Requires communications by officers and employees of the U.S. Government with U.S. citizens to be in English. Directs the Immigration and Naturalization Service to: (1) enforce the established English language proficiency standard for all applicants for U.S. citizenship; and (2) conduct all naturalization ceremonies entirely in English. Allows anyone injured by a violation of such provisions to obtain appropriate relief in a civil action. Authorizes the court in any such action to allow a prevailing party, other than the U.S. Government, a reasonable attorney's fee as part of costs. Repeals the Bilingual Education Act (title VII of the Elementary and Secondary Education Act of 1965). Amends the Voting Rights Act of 1965 to repeal bilingual voting requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008''. TITLE I--ELIMINATION OF INEFFECTIVE AGENCIES AND PROGRAMS SEC. 101. ANNUAL LIST OF AFFECTED AGENCIES AND PROGRAMS. Before October 1 of each calendar year, the Director of the Office of Management and Budget shall transmit to Congress a report containing a list comprised of all agencies and programs that received ineffective ratings under the most recent program assessment rating tool pursuant to the Government Performance and Results Act of 1993 (Public Law 103- 62; 107 Stat. 285) or three consecutive annual adequate ratings under that program assessment rating tool and the preceding two program assessment rating tools. SEC. 102. TERMINATION OF CERTAIN AGENCIES AND PROGRAMS. Sixty calendar days after the date upon which the Director of the Office of Management and Budget transmits a report to Congress under section 1, all agencies and programs named on such list shall terminate unless, before the end of such 60-day period, a statute has been enacted into law stating that all such agencies and programs shall not terminate. SEC. 103. TRANSITION PROVISIONS. Whenever any agency or program is terminated under this Act, all orders, grants, contracts, and other determinations or actions of that agency or program that are effective as of the date before the date of such termination, shall be transferred by the Director of the Office of Management and Budget to an appropriate agency and shall continue in effect according to their terms unless changed pursuant to law. SEC. 104. ESTIMATION OF SAVINGS. The Director of the Office of Management and Budget shall annually estimate the dollar amount of savings to the Government from the operation of this title for each calendar year and shall annually report such dollar amount to the Secretary of the Treasury. TITLE II--REBATES TO TAXPAYERS SEC. 201. REBATE OF SAVINGS TO TAXPAYERS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. PROGRAM ELIMINATION REBATES. ``(a) In General.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in any calendar year an amount equal to the program elimination rebate amount determined by the Secretary for such calendar year. ``(b) Program Elimination Rebate Amount.--For purposes of this section, the term `program elimination rebate amount' means, with respect to any calendar year, the amount that the Secretary estimates will result in a reduction in revenue to the Government equal to the dollar amount of estimated savings reported to the Secretary by the Director of the Office of Management and Budget under section 104 of the Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008 for the preceding calendar year. ``(c) Eligible Taxpayer.--For purposes of this section, ``(1) In general.--The term `eligible taxpayer' means any eligible individual if such taxpayer-- ``(A) has qualifying income of at least $3,000, or ``(B) has-- ``(i) net income tax liability which is greater than zero, and ``(ii) gross income which is greater than the sum of the basic standard deduction plus the exemption amount (twice the exemption amount in the case of a joint return). ``(2) Eligible individual.--The term `eligible individual' means any individual other than-- ``(A) any nonresident alien individual, ``(B) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and ``(C) an estate or trust. ``(3) Qualifying income.--The term `qualifying income' means-- ``(A) earned income, ``(B) Social Security benefits (within the meaning of section 86(d)), and ``(C) any compensation or pension received under chapter 11, chapter 13, or chapter 15 of title 38, United States Code. ``(4) Net income tax liability.--The term `net income tax liability' means the excess of-- ``(A) the sum of the taxpayer's regular tax liability (within the meaning of section 26(b)) and the tax imposed by section 55 for the taxable year, over ``(B) the credits allowed by part IV (other than section 24 and subpart C thereof) of subchapter A of chapter 1. ``(d) Treatment of Credit.--The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. ``(e) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section for any taxable year shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (f) with respect to such amount for the preceding taxable year. Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (f) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(f) Advance Refunds and Credits.-- ``(1) In general.--Each individual who was an eligible individual for the taxable year preceding any taxable year to which subsection (a) applies shall be treated as having made a payment against the tax imposed by chapter 1 for such preceding taxable year in an amount equal to the program elimination refund amount determined for the taxable year to which subsection (a) applies. ``(2) Timing of payments.--The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this subsection as rapidly as possible. No refund or credit shall be made or allowed under this subsection with respect to any taxable year beginning in a calendar year after December 31 of the following calendar year. ``(3) No interest.--No interest shall be allowed on any overpayment attributable to this subsection. ``(g) Identification Number Requirement.-- ``(1) In general.--No credit shall be allowed under subsection (a) to an eligible individual who does not include on the return of tax for the taxable year-- ``(A) such individual's valid identification number, and ``(B) in the case of a joint return, the valid identification number of such individual's spouse, ``(2) Valid identification number.--For purposes of paragraph (1), the term `valid identification number' means a Social Security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.''. (b) Administrative Provisions.-- (1) Definition of deficiency.--Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and 6428'' and inserting ``6428 and 6431''. (2) Mathematical or clerical error authority.--Section 6213(g)(2)(L) of such Code is amended by striking ``or 6428'' and inserting ``6428, or 6431''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6428'' inserting ``6428, or 6431''. (2) The table of section for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6431. Program elimination rebates.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008 - Requires: (1) the Director of the Office of Management and Budget (OMB) to report to Congress on all agencies and programs that received ineffective ratings or three consecutive annual adequate ratings under the Government Performance and Results Act of 1993; (2) the termination of such agencies and programs unless continued by statute; (3) the transfer of the functions of such terminated agencies and programs to other appropriate agencies; and (4) an annual OMB estimate of the savings under this Act. Amends the Internal Revenue Code to grant tax rebates to individual taxpayers from the amounts saved by the termination of ineffective agencies and programs under this Act."}
{"article": "SECTION 1. REDEPLOYMENT OF UNITED STATES ARMED FORCES AND DEFENSE CONTRACTORS FROM IRAQ. (a) Commencement of Redeployment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall commence the redeployment of units and members of the Armed Forces deployed in Iraq as part of Operation Iraqi Freedom and contractors operating in Iraq and funded using amounts appropriated to the Department of Defense. (b) Completion of Redeployment.--The Secretary of Defense shall complete the redeployment of the Armed Forces and defense contractors from Iraq within 180 days beginning on the date of the commencement of the redeployment required under subsection (a). (c) Prohibition on Use of Funds To Increase Armed Forces Serving in Iraq.--Funds appropriated or otherwise made available to the Department of Defense under any provision of law may not be obligated or expended to increase the number of members of the Armed Forces serving in Iraq in excess of the number of members serving in Iraq as of January 1, 2007, unless the increase has been specifically authorized in advance by an Act of Congress. (d) Authority To Determine Locations Outside of Iraq for Redeployment.--Nothing in this section shall be construed to restrict the locations outside of Iraq to which units and members of the Armed Forces redeployed from Iraq may be transferred, including redeployment to an adjacent or nearby country at the invitation of the government of the country or redeployment to bolster military forces deployed in Afghanistan as part of Operation Enduring Freedom. (e) Authority To Retain Armed Forces in Iraq for Limited Purposes.--The Secretary of Defense may retain in Iraq members of the Armed Forces for the purpose of providing security for the United States Embassy and other United States diplomatic missions in Iraq; protecting American citizens, including members of the Armed Forces; serving in roles consistent with customary diplomatic positions; engaging in targeted special actions limited in duration and scope to killing or capturing members of al-Qaeda and other terrorist organizations with global reach; and training and equipping members of the Iraqi Security Forces. At the request of the Government of Iraq, the Secretary of Defense may retain in Iraq members of the Army Corps of Engineers and defense contractors engaged in reconstruction projects in Iraq, to the extent necessary to complete such projects. (f) Availability of Funds for Safe and Orderly Redeployment.-- Notwithstanding any other provision of law, funds appropriated or otherwise made available in any Act are immediately available for obligation and expenditure to plan and execute a safe and orderly redeployment of the Armed Forces and defense contractors from Iraq, as required by this section. (g) Transfer of United States Military Facilities in Iraq.--The President of the United States shall transfer to the Government of Iraq all right, title, and interest held by the United States in any military facility in Iraq that was constructed, repaired, or improved using amounts appropriated to the Department of Defense and occupied by a unit of the Armed Forces. (h) Prohibition on Use of Funds To Further Deploy United States Armed Forces to Iraq.--Beginning on the date of the completion of the redeployment of the Armed Forces from Iraq under subsection (b), funds appropriated or otherwise made available under any provision of law may not be obligated or expended to further deploy units or members of the Armed Forces to Iraq, including through participation in any multinational force in Iraq, except as provided under subsection (e) or unless such deployment of units or members of the Armed Forces is specifically authorized in advance by an Act of Congress. (i) Assistance to Iraqi Security Forces and Multinational Forces in Iraq.--Nothing in this section shall be construed to prohibit or otherwise restrict the use of funds available to the Department of Defense for the purpose of providing financial assistance or equipment to the Iraqi Security Forces or multinational forces providing security or training in Iraq at the request of the Government of Iraq. (j) Continuation of Diplomatic, Social, and Economic Reconstruction Activities in Iraq.--Nothing in this section shall be construed to prohibit or otherwise restrict the use of funds available to any department or agency of the United States (other than the Department of Defense) to carry out diplomatic, social, and economic reconstruction activities in Iraq at the request of the Government of Iraq. (k) Asylum or Other Means of Protection for Iraqi Citizens.-- Nothing in this section shall be construed to prohibit or otherwise restrict the authority of the President to arrange asylum or other means of protection for Iraqi citizens who might be physically endangered by the redeployment of the Armed Forces from Iraq. (l) Definition.--In this section, the term ``Armed Forces'' has the meaning given the term in section 101(a)(4) of title 10, United States Code.", "summary": "Requires the Secretary of Defense: (1) within 90 days after the enactment of this Act, to commence the redeployment of units and members of the Armed Forces (U.S. forces) deployed in Iraq as part of Operation Iraqi Freedom and defense contractors operating in Iraq and funded using amounts appropriated to the Department of Defense (DOD); and (2) to complete such redeployment within 180 days after its commencement. Prohibits the use of DOD funds to increase the number of U.S. forces serving in Iraq in excess of the number of U.S. forces serving in Iraq as of January 1, 2007, unless specifically authorized by Congress. Authorizes the Secretary to retain in Iraq U.S. forces for: (1) providing security for embassy and diplomatic missions; (2) protecting American citizens; (3) serving in roles consistent with diplomatic positions; (4) engaging in targeted special actions of killing or capturing members of al-Qaeda and other terrorist organizations with global reach; and (5) training and equipping members of the Iraqi Security Forces. Makes funds immediately available to plan and execute a redeployment of U.S. forces and defense contractors from Iraq. Requires the President to transfer to the government of Iraq all right, title, and interest held by the United States in any military facility in Iraq that was constructed, repaired, or improved using amounts appropriated to DOD and occupied by U.S. forces. Prohibits any funds from being used to further deploy U.S. forces to Iraq after completion of the redeployment, unless specifically authorized by Congress. Prohibits anything in this Act from being construed to: (1) restrict the locations outside of Iraq to which U.S. forces redeployed from Iraq may be transferred; (2) prohibit or otherwise restrict the use of funds available to DOD for the purpose of providing financial assistance or equipment to the Iraqi Security Forces or multinational forces providing security or training in Iraq at the request of the government of Iraq; (3) prohibit or otherwise restrict the use of funds available to any department or agency of the United States (other than DOD) to carry out diplomatic, social, and economic reconstruction activities in Iraq at the request of the government of Iraq; and (4) prohibit or otherwise restrict the authority of the President to arrange asylum or other means of protection for Iraqi citizens who might be physically endangered by the redeployment of U.S. forces from Iraq."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Immunization Incentive Act of 1993''. SEC. 2. AFDC BENEFITS DENIED FOR CHILDREN WHO HAVE NOT RECEIVED PREVENTIVE HEALTH CARE OR IMMUNIZATIONS. Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting ``; and''; and (3) by inserting after paragraph (45) the following: ``(46) provide that-- ``(A) aid under the plan shall not be payable with respect to any child who has not attained the age of 6 years, unless the State agency has received from 1 or more physicians written verification (on a form prescribed by the State)-- ``(i) that the child has been examined by a physician not less frequently than-- ``(I) in the case of a child who has not attained the age of 19 months, every 6 months since the child was born; and ``(II) in the case of any other child, every 6 months until the child attained the age of 19 months, and every year thereafter; ``(ii) that the child has been immunized in accordance with recommendations issued by the Surgeon General of the Public Health Service; and ``(iii) of any contraindication which exempts the child from receiving an immunization; ``(B) the State will conduct appropriate education and outreach activities designed to-- ``(i) increase public awareness of the importance of preventive health care and immunizations for pre-school children; and ``(ii) inform the public about-- ``(I) the availability of preventive health care and immunization services for pre-school children; ``(II) any transportation, child care, or other support services that may be available to assist parents in obtaining such services for their children; and ``(III) the clinics at which any child may receive immunizations free or at a reduced charge.''. SEC. 3. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT. Section 658E(2) of the Child Care and Development Block Grant Act (42 U.S.C. 9858c(2)) is amended-- (1) in subparagraph (F)-- (A) in clause (ii) by striking ``and'' at the end, (B) in clause (iii) by striking the period at the end and inserting ``; and'', (C) by inserting after subclause (III), as so redesignated, the following: ``(iv) a requirement that such providers require with respect to each child who receives child care services from any of such providers that certificates signed by a physician who verifies that such child has been immunized in accordance with recommendations issued by the Surgeon General of the Public Health Service be submitted, at required intervals and in accordance with rules issued by the Secretary, to the child care provider involved.'', and (D) by striking the last sentence, and (2) in subparagraph (G<plus-minus>)-- (i) by inserting ``(i)'' before ``Provide'', and (ii) by adding at the end the following: ``(ii) For the purpose of enforcing the requirement described in subparagraph (F)(iv), such procedures shall ensure that each of such providers gives to parents of each child who receives child care services from the provider involved written notice of-- ``(I) each immunization requirement applicable to such child; ``(II) an opportunity of not less than 30 days, and not more than 45 days, to correct the failure to satisfy such requirement; and ``(III) the fact that child care services for such child will be terminated for failure to satisfy such requirement before the expiration of the 45-day period beginning on the date such notice is received.''. SEC. 4. ISSUANCE OF IMMUNIZATION RECOMMENDATIONS BY THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE. After taking into consideration the then most recent report of the Committee on Infectious Diseases of the American Academy of Pediatrics, the Surgeon General of the Public Health Service shall issue, and revise from time to time, recommendations for the immunization of children under 6 years of age. With respect to each recommended immunization, such recommendation shall include-- (1) contraindications (if any) that should be identified to exempt a child from receiving such immunization, and (2) remedial action that may be taken to minimize the adverse effect of failure to administer such immunization to a child at the recommended age. SEC. 5. EFFECTIVE DATES; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsections (b) and (c), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Section 2 Amendments.--The amendments made by section 2 shall apply, without regard to whether regulations to implement the amendments have been promulgated, to-- (1) payments to individuals under State plan approved under part A of title IV of the Social Security Act, for months ending after the 120-day period that begins with the date of the enactment of this Act; and (2) payments to States under such part for calendar quarters ending after such 120-day period. (c) Application of Section 3 Amendments.--The amendments made by section 3 shall not apply with respect to fiscal years beginning before the date of the enactment of this Act.", "summary": "Child Immunization Incentive Act of 1993 - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to: (1) deny AFDC for children under six who have not received periodic examinations by a physician or immunizations; and (2) require State outreach activities with respect to preventive health care and immunizations for pre-school children. Amends the Child Care and Development Block Grant Act to require providers assisted under such Act to require each child receiving their services to receive immunizations in accordance with the recommendations issued by the Surgeon General pursuant to this Act."}
{"article": "SECTION 1. MEDICARE FRAUD, WASTE, AND ABUSE PREVENTION SOLUTION. (a) Establishment.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall develop and implement a fraud, waste, and abuse comprehensive pre-payment review prevention system (in this section referred to as the ``Prevention System'') for reviewing claims for reimbursement under the Medicare Program under title XVIII of the Social Security Act (in this section referred to as the ``Medicare Program''). (2) Implementation.--The Secretary shall carry out the Prevention System acting through the Center for Program Integrity of the Centers for Medicare & Medicaid Services. (b) Selection of Claims Across All Provider Types.--The Prevention System shall cover all types of providers of services and suppliers under the Medicare Program, but may be limited to a subset of claim segments. (c) System Design Elements.--To the extent practicable, the Prevention System, shall-- (1) be holistic; (2) be able to view and analyze all provider of services, supplier, and patient activities from multiple providers of services and suppliers under the Medicare Program; (3) be able to be integrated into the health care claims flow in existence as of the date of the enactment of this Act with minimal effort, time, and cost; (4) be designed to use technologies, including predictive modeling, that can utilize integrated near real-time transaction risk scoring and referral strategy capabilities to identify transactions, patterns, anomalies, and linkages that are statistically unusual or suspicious and can undertake analysis before payment is made and that prioritizes unusual or suspicious claims in terms of likelihood of potential fraud, waste, or abuse to more efficiently utilize investigative resources; (5) be designed to-- (A) allow for ease of integration into multiple points along the claims flow under the Medicare Program (pre-adjudication and post-adjudication of such claims) in order to demonstratively show that the system ranks the likelihood of high-risk behavior patterns and of fraud, waste, or abuse; and (B) utilize experimental design methodology to monitor and measure the performance between the control treatments (which shall be the methods and assessments used as of the day before the date of the enactment of this Act to address fraud, waste, and abuse under the Medicare Program) and test treatments (which shall be the Prevention System identification of such fraud, waste, and abuse and actions taken pursuant to such system to address such fraud, waste, and abuse); and (6) be provided through competitively bid contracts using the Federal Acquisition Regulations. (d) System Operation.-- (1) Scoring and near real-time analysis.-- (A) In general.--The Prevention System shall identify high-risk Medicare claims by scoring all such claims in near real-time, prior to the Centers for Medicare & Medicaid Services making payment on such claims under the Medicare Program. (B) Use of scores.--The scores under subparagraph (A) shall be communicated to the fraud management system under subsection (f). (C) Near real-time analysis.--Under the Prevention System, the near real-time analysis of Medicare claims data shall be conducted in a manner that ensures-- (i) prompt identification of fraud, waste, and abuse; and (ii) prompt payment of legitimate claims. (2) Predictive modeling.--The Prevention System shall involve the implementation of a statistically sound, empirically derived predictive modeling technology that is designed to prevent fraud, waste, and abuse (by identifying such fraud, waste, and abuse before payment is made under the Medicare Program on related claims). The Prevention System shall use a predictive model to identify fraud, waste, and abuse that is-- (A) based on historical transaction data, from across all markets and regions available, to build and continuously re-develop scoring models that are capable of incorporating external data and external models from other sources into the predictive model; and (B) regularly updated, through the feedback loop under subsection (g), to provide information and incorporate data on reimbursement claims that is collected through the Prevention System, including information gathered through the investigation of claims for reimbursement under the Medicare Program that the system identifies as being potentially fraudulent, wasteful, or abusive. (3) Protections for patients and providers.--The identification of an unusual or suspect Medicare claim by the Prevention System shall-- (A) not result in the denial of items or services to an individual under the Medicare Program until such claim is further reviewed by the Secretary; and (B) not result in a failure to comply with prompt payment requirements under applicable law. (4) Compliance with hipaa.--Any data collected, stored, or reviewed under the Prevention System shall be treated in a manner that is in accordance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and any other applicable law. (e) Treatment of Data.-- (1) In general.--The Prevention System shall be a high volume, rapid, near real-time information technology solution, which includes data pooling and scoring capabilities to quickly and accurately capture and evaluate data. (2) Data sources.--The Prevention System shall, for purposes of preventing fraud, waste, and abuse under the Medicare Program-- (A) use data from claims for reimbursement under the Medicare Program contained in existing files of Medicare claims data, including the Common Working File of the Centers for Medicare & Medicaid Services; and (B) to the extent practicable, pool data from all available Government sources (including the Death Master File of the Social Security Administration). (3) Data storage.--The Prevention System shall be stored in an industry standard secure data environment that complies with applicable Federal privacy laws for use in building Medicare fraud, waste, and abuse prevention predictive models that have a comprehensive view of provider and supplier activity across all markets, geographic areas, and provider and supplier types. (f) Fraud Management System.-- (1) In general.--The Prevention System shall utilize a fraud management system containing workflow management and workstation tools to provide the ability to systematically present score, reason codes, and treatment actions for high- risk scored transactions, as determined under subsection (d). (2) Review of claims.--The fraud management system under paragraph (1) shall ensure that analysts who review Medicare claims have the capability to access, review, and research claims efficiently, as well as decline or approve payments on claims in an automated manner. (g) Feedback Loop.-- (1) In general.--The Prevention System shall utilize a feedback loop to gain access to outcome information on adjudicated Medicare claims so future system enhancements can utilize previous experience. (2) Purpose.--The purpose of the feedback loop under paragraph (1) is to-- (A) enable the Secretary to measure-- (i) the actual amount of fraud, waste, and abuse under the Medicare Program; and (ii) any savings to the Medicare Program resulting from implementation of the Prevention System; and (B) provide necessary data to develop future, enhanced models for use in the Prevention System. (3) Analysis of final claims status.--The feedback loop under paragraph (1) shall analyze data from all carriers to provide post-payment information about the eventual status of a Medicare claim as ``Normal'', ``Fraud'', ``Waste'', ``Abuse'', or ``Education required''. (h) Claims Review Prior to Payment.-- (1) Review before payment.--Subject to paragraph (2), if a claim for reimbursement under the Medicare Program is selected for review under the Prevention System, the Secretary shall not make a payment on such claim until such claim has been reviewed under the system. In order to carry out this paragraph, the Secretary shall ensure that appropriate controls and technology are in place to assess and measure the effectiveness of the Prevention System, predictive models used under such system, and the overall strategy for Medicare claims review. (2) Timely review.-- (A) In general.--The review of a claim under the Prevention System shall occur in a timely manner. (B) Application of prompt payment requirements.-- The limitation on payment under paragraph (1) shall not interfere with the prompt payment of a Medicare claim in accordance with applicable law. (3) Manual review.--If automated technology presents a score, reason code, or treatment action for a claim that is scored as ``high-risk,'' the Prevention System shall provide for manual review of medical records related to such claim by both clinical and fraud investigators to ensure accuracy and mitigate false positive events. (4) Self-audit review.--The Secretary may use self-audit practices by providers and suppliers under the Prevention System in a manner such that once high-risk claims are identified through the predictive modeling, providers and suppliers are offered the opportunity to adjust or withdraw their claims. (5) Denial of payment for fraudulent claims.--Under the Prevention System, if automated technology of a claim under paragraph (3) and manual review under paragraph (4) confirm fraud has occurred, the Secretary may deny payment of such claim. (i) Annual Assessment Report.-- (1) In general.--Not later than 2 years after the implementation of the Prevention System, the Secretary, through the Office of the Inspector General of the Department of Health and Human Services, shall submit to Congress a report on the implementation of such system. (2) Contents.--The report submitted under paragraph (1) may contain-- (A) a detailed assessment of the Prevention System's success in identifying fraud, waste, and abuse; (B) the costs of operating the Prevention System; and (C) an analysis of the overall return on investment for the Prevention System. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary. (k) Expansion.--If the Secretary determines that the Prevention System results in savings to the Medicare Program, the Secretary shall expand the project throughout Federal health programs, including the Medicaid Program under title XIX of the Social Security Act and the Children's Health Insurance Program under title XXI of such Act.", "summary": "Directs the Secretary of Health and Human Services (HHS) to develop and implement a fraud, waste, and abuse comprehensive prepayment review Prevention System for reviewing claims for reimbursement under title XVIII (Medicare) of the Social Security Act. Requires the Secretary to carry out the system acting through the Center for Program Integrity of the Centers for Medicare and Medicaid Services (CMS). Requires the Prevention System to cover all types of providers and suppliers under the Medicare program, but allows it to be limited to a subset of claim segments. Requires the Prevention System to: (1) be a high volume, rapid, near real-time information technology solution which includes data pooling and scoring capabilities to quickly and accurately capture and evaluate data; (2) identify high-risk Medicare claims by scoring all such claims in near real-time before payment is made; (3) involve a statistically sound, empirically derived predictive modeling technology; and (4) utilize a fraud management system that presents score, reason codes, and treatment actions for high-risk scored transactions, and a feedback loop to gain access to outcome information on adjudicated Medicare claims. Prohibits the Secretary from making a payment on a claim selected for review until it has been reviewed under the System."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Savings Incentives Act of 2005''. SEC. 2. MODIFICATION OF CREDIT FOR CERTAIN NONBUSINESS ENERGY PROPERTY. (a) In General.--Section 25C of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 25C. NONBUSINESS ENERGY PROPERTY. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) $10 for each therm of certified natural gas savings attributable to qualified energy efficiency expenditures made during the taxable year, and ``(2) $0.65 for each kilowatt hour of certified electricity savings attributable to qualified energy efficiency expenditures made during the taxable year. ``(b) Lifetime Limitation.--The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed the excess (if any) of $5,000 over the aggregate credits allowed under this section with respect to such taxpayer for all prior taxable years. ``(c) Qualified Energy Efficiency Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified energy efficiency expenditures' means expenditures made by the taxpayer, after consultation with a qualified individual described in subsection (d)(2)(C), for the improvement of a dwelling unit of the taxpayer located in the United States and used by the taxpayer as the taxpayer's principal residence. ``(2) No double benefit for certain expenditures.--The term `qualified energy efficiency expenditures' shall not include any expenditure for which a deduction or credit is otherwise allowed under this chapter. ``(3) Principal residence.-- ``(A) In general.--The term `principal residence' has the same meaning as when used in section 121, except that-- ``(i) no ownership requirement shall be imposed, and ``(ii) the period for which a building is treated as used as a principal residence shall also include the 60-day period ending on the 1st day on which it would (but for this subparagraph) first be treated as used as a principal residence. ``(B) Manufactured housing.--The term `residence' shall include a dwelling unit which is a manufactured home conforming to Federal Manufactured Home Construction and Safety Standards (24 C.F.R. 3280). ``(d) Certified Natural Gas Savings; Certified Electricity Savings.-- ``(1) In general.-- ``(A) Certified natural gas savings.--The term `certified natural gas savings' means, with respect to any taxable year, the amount, measured in therms on an average annual basis, which is equal to the excess of-- ``(i) 85 percent of the amount of natural gas which would be consumed with respect to the dwelling unit of the taxpayer if the qualified energy efficiency expenditures with respect to such taxable year were not made, as certified in accordance with paragraph (2), over ``(ii) the amount of such natural gas consumption with respect to such dwelling unit determined by taking into account the qualified energy efficiency expenditures made during such taxable year, as certified in accordance with paragraph (2). ``(B) Certified electricity savings.--The term `certified electricity savings' means, with respect to any taxable year, the amount, measured in kilowatt hours on an annual basis, which is equal to the excess of-- ``(i) 85 percent of the amount of electricity which would be consumed with respect to the dwelling unit of the taxpayer if the qualified energy efficiency expenditures with respect to such taxable year were not made, as certified in accordance with paragraph (2), over ``(ii) the amount of electricity consumption with respect to such dwelling unit determined by taking into account the qualified energy efficiency expenditures made during such taxable year, as certified in accordance with paragraph (2). ``(2) Certification.-- ``(A) In general.--The Secretary shall prescribe the manner and method for the making of certifications under this paragraph. ``(B) Procedures.--The Secretary shall include as part of the certification process procedures for inspection and testing by qualified individuals described in subparagraph (C) to ensure compliance of dwelling units with the requirements of this section. Such procedures shall be similar to the requirements in the Mortgage Industry National Accreditation Procedures for Home Energy Rating Systems. ``(C) Qualified individuals.--Individuals qualified to determine compliance shall be only those individuals who are recognized by an organization certified by the Secretary for such purposes. ``(e) Special Rules.--For purposes of this section, rules similar to the rules under paragraphs (4), (5), (6), (7), (8), and (9) of section 25D(e) shall apply. ``(f) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section with respect to any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(g) Termination.--This section shall not apply with respect to any property placed in service after December 31, 2007.''. (b) Conforming Amendment.--Section 1016(a)(34) is amended by striking ``25C(e)'' and inserting ``section 25C(f)''. (c) Effective Dates.--The amendments made by this section shall apply to property placed in service after December 31, 2005.", "summary": "Home Energy Savings Incentives Act of 2005 - Amends the Internal Revenue Code to revise the tax credit for nonbusiness energy property enacted by the Energy Policy Act of 2005 to allow an individual taxpayer a credit equal to $10 for each therm of certified natural gas savings and $0.65 for each kilowatt hour of certified electricity savings attributable to energy efficiency improvements made to the taxpayer's principal residence. Limits the amount of such credit to $5,000, less credits received for all prior taxable years. Requires the Secretary of the Treasury to prescribe the manner and method for making energy savings certifications for purposes of the tax credit. Terminates the credit after December 31, 2007."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Computer Security Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (2) Covered agency.--The term ``covered agency'' means an agency that operates a Federal computer system that provides access to classified information or personally identifiable information. (3) Logical access control.--The term ``logical access control'' means a process of granting or denying specific requests to obtain and use information and related information processing services. (4) Multi-factor logical access controls.--The term ``multi-factor logical access controls'' means a set of not less than 2 of the following logical access controls: (A) Information that is known to the user, such as a password or personal identification number. (B) An access device that is provided to the user, such as a cryptographic identification device or token. (C) A unique biometric characteristic of the user. SEC. 3. INSPECTOR GENERAL REPORT ON FEDERAL COMPUTER SYSTEMS. (a) In General.--Not later than 240 days after the date of enactment of this Act, the Inspector General of each covered agency shall each submit to the Comptroller General of the United States and the appropriate committees of jurisdiction in the Senate and the House of Representatives a report, which shall include information collected from the covered agency for the contents described in subsection (b) regarding the Federal computer systems of the covered agency. (b) Contents.--The report submitted by each Inspector General of a covered agency under subsection (a) shall include, with respect to the covered agency, the following: (1) A description of the logical access standards used by the covered agency to access a Federal computer system that provides access to classified or personally identifiable information, including-- (A) in aggregate, a list and description of logical access controls used to access such a Federal computer system; and (B) whether the covered agency is using multi- factor logical access controls to access such a Federal computer system. (2) If the covered agency does not use logical access controls or multi-factor logical access controls to access a Federal computer system that provides access to classified or personally identifiable information, a description of the reasons for not using such logical access controls or multi- factor logical access controls. (3) A description of the following data security management practices used by the covered agency: (A) The policies and procedures followed to conduct inventories of the software present on the Federal computer systems of the covered agency and the licenses associated with such software. (B) Whether the covered agency has entered into a licensing agreement for the use of software security controls to monitor and detect exfiltration and other threats, including-- (i) data loss prevention software; or (ii) digital rights management software. (C) A description of how the covered agency is using software described in subparagraph (B). (D) If the covered agency has not entered into a licensing agreement for the use of, or is otherwise not using, software described in subparagraph (B), a description of the reasons for not entering into such a licensing agreement or using such software. (4) A description of the policies and procedures of the covered agency with respect to ensuring that entities, including contractors, that provide services to the covered agency are implementing the data security management practices described in paragraph (3). (c) Existing Review.--The report required under this section may be based in whole or in part on an audit, evaluation, or report relating to programs or practices of the covered agency, and may be submitted as part of another report, including the report required under section 3555 of title 44, United States Code. (d) Classified Information.--A report submitted under this section shall be in unclassified form, but may include a classified annex. (e) Availability to Members of Congress.--A report submitted under this section shall be made available upon request by any Member of Congress. SEC. 4. GAO ECONOMIC ANALYSIS AND REPORT ON FEDERAL COMPUTER SYSTEMS. (a) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report examining, including an economic analysis of, any impediments to agency use of effective security software and security devices. (b) Classified Information.--A report submitted under this section shall be in unclassified form, but may include a classified annex.", "summary": "Federal Computer Security Act Directs the Inspector General of each executive agency that operates a federal computer system that provides access to classified information or personally identifiable information to submit to the Comptroller General and specified congressional committees a report that includes: a description of the logical access standards used by the agency to access such system, including whether the agency is using multi-factor logical access controls for such access; if the agency does not use such access controls, a description of the reasons for not doing so; a description of the data security management practices used by the agency, including the policies and procedures for conducting inventories of software and associated licenses, an indication that the agency has entered into a licensing agreement for the use of software security controls to monitor and detect threats, or an explanation for why it has not entered such an agreement; and a description of agency policies and procedures for ensuring that entities that provide services to the agency are implementing data security management practices. Directs the Comptroller General to submit a report on any impediments to agency use of effective security software and security devices."}
{"article": "SECTION 1. PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS. (a) In General.--Section 3111 is amended by adding at the end the following new subsection: ``(d) Special Exemption for Certain Individuals Hired in 2010.-- ``(1) In general.--Subsection (a) shall not apply to wages paid by a qualified employer with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010, of any qualified individual for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Qualified employer.--For purposes of this subsection-- ``(A) In general.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(B) Treatment of employees of post-secondary educational institutions.--Notwithstanding subparagraph (A), the term `qualified employer' includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965). ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after February 3, 2010, and before January 1, 2011, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ``(C) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(D) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (b) Coordination With Work Opportunity Credit.--Section 51(c) is amended by adding at the end the following new paragraph: ``(5) Coordination with payroll tax forgiveness.--The term `wages' shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(d)(3)) during the 1-year period beginning on the hiring date of such individual by a qualified employer (as defined in section 3111(d)) unless such qualified employer makes an election not to have section 3111(d) apply.''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective Date.--The amendments made by this section shall apply to wages paid after the date of the enactment of this Act. SEC. 2. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS IN 2010. (a) In General.--In the case of any taxable year ending after the date of the enactment of this Act, the current year business credit determined under section 38(b) of the Internal Revenue Code of 1986 for such taxable year shall be increased by an amount equal to the product of-- (1) $1,000, and (2) the number of retained workers with respect to which subsection (b)(2) is first satisfied during such taxable year. (b) Limitation.--The increase determined under subsection (a) with respect to any retained worker shall not exceed an amount equal to 4 percent of the wages (as defined in section 3401(a) of the Internal Revenue Code of 1986) with respect to such retained worker for the 52 consecutive week period described in subsection (c)(2). (c) Retained Worker.--For purposes of this section, the term ``retained worker'' means any qualified individual (as defined in section 3111(d)(3) of the Internal Revenue Code of 1986)-- (1) who was employed by the taxpayer on any date during the taxable year, (2) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and (3) whose wages for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period. (d) Limitation on Carrybacks.--No portion of the unused business credit under section 38 of the Internal Revenue Code of 1986 for any taxable year which is attributable to the increase in the current year business credit under this section may be carried to a taxable year beginning before the date of the enactment of this section.", "summary": "Amends the Internal Revenue Code to: (1) exempt for-profit and nonprofit employers, including public institutions of higher education, from social security taxes in 2010 for new employees who are hired after February 3, 2010, and before January 1, 2011, and who certify that they have not worked more than 40 hours during the last 60 days; and (2) allow an increase in the general business tax credit for the retention of such employees for at least one year at specified wage levels. Prohibits any carryback of unused business tax credit amounts. Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act amounts necessary to cover any reduction in revenues resulting from the tax exemptions provided by this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Start-up Savings Accounts Act of 2011''. SEC. 2. ESTABLISHMENT OF SMALL BUSINESS START-UP SAVINGS ACCOUNTS. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. SMALL BUSINESS START-UP SAVINGS ACCOUNTS. ``(a) In General.--An individual or an eligible small business may enter into an agreement with the Secretary to establish a small business start-up savings account. ``(b) Small Business Start-Up Savings Account.--For purposes of this section, the term `small business start-up savings account' means a trust created or organized in the United States for the benefit of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: ``(1) Except as provided in subsection (d)(3) in the case of a rollover contribution, no contribution will be accepted unless it is in cash, and contributions will not be accepted for the taxable year on behalf of any account beneficiary in excess of the amount in effect for such taxable year under subsection (d)(2). ``(2) The trustee is a bank (as defined in section 408(n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. ``(3) No part of the trust funds will be invested in life insurance contracts. ``(4) The interest of an individual in the balance of his account is nonforfeitable. ``(5) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(c) Eligible Small Business.--For purposes of this section, the term `eligible small business' means, with respect to any taxable year, any person engaged in a trade or business if the average number of employees employed by such person on business days during the taxable year was 500 or fewer. ``(d) Treatment of Contributions.-- ``(1) In general.--There shall be allowed as a deduction for the taxable year an amount equal to so much of the account beneficiary's contributions for the taxable year to all small business start-up savings accounts maintained for the benefit of such beneficiary as do not exceed the contribution limitations in effect for the taxable year under paragraph (2). ``(2) Contribution limitation.-- ``(A) In general.--The amount allowable as a deduction under paragraph (1) with respect to all small business start-up savings accounts maintained for the benefit of any person shall not exceed the lesser of-- ``(i) $10,000, or ``(ii) $150,000, reduced by the aggregate contributions by such person for all taxable years with respect to all small business start- up savings accounts of the taxpayer. ``(B) Cost of living adjustment.-- ``(i) In general.--In the case of a taxable year beginning after 2011, the $10,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500. ``(3) Rollovers from retirement plans not allowed.--Under regulations prescribed by the Secretary, a person may make a rollover contribution to a small business start-up savings account only in the case of a rollover from another small business start-up savings account. ``(4) Treated as deduction for individuals and corporations.--For purposes of chapter 1, the deduction allowed under paragraph (1) shall be treated as a deduction specified in part VI of subchapter B of chapter 1 (relating to itemized deductions for individuals and corporations). ``(e) Treatment of Distributions.-- ``(1) Tax treatment.-- ``(A) Exclusion of qualified distributions.--Any qualified distribution from a small business start-up savings account shall not be includible in gross income. ``(B) Inclusion of other distributions.--Any distribution from a small business start-up savings account which is not a qualified distribution shall be included in gross income. ``(2) Qualified distribution.--For purposes of this subsection, the term `qualified distribution' means, with respect to any taxable year, any payment or distribution from a small business start-up savings account-- ``(A) to the extent the amount of such payment or distribution does not exceed the sum of-- ``(i) the aggregate amounts paid or incurred by the taxpayer for such taxable year with respect to the taxpayer's trade or business for the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees, and ``(ii) the aggregate capital contributions of the taxpayer with respect to an eligible small business for the taxable year (but only to the extent such amounts are used by such small business for purposes described in clause (i)), and ``(B) which, in the case of a payment or distribution subsequent to the first payment or distribution from such account (or any predecessor to such account)-- ``(i) is made not later than the close of the 5th taxable year beginning after the date of such first payment or distribution, and ``(ii) is made with respect to the same eligible small business with respect to which such first payment or distribution was made. ``(3) Treatment after death of account beneficiary.-- ``(A) In general.--If, by reason of the death of the account beneficiary, any person acquires the account beneficiary's interest in a small business start-up savings account-- ``(i) such account shall cease to be a small business start-up savings account as of the date of death, and ``(ii) an amount equal to the fair market value of the assets in such account on such date shall be includible-- ``(I) in the case of a person who is not the estate of such beneficiary, in such person's gross income for the taxable year which includes such date, or ``(II) in the case of a person who is the estate of such beneficiary, in such beneficiary's gross income for the last taxable year of such beneficiary. ``(B) Special rules.-- ``(i) Reduction of inclusion for predeath expenses.--The amount includible in gross income under subparagraph (A) shall be reduced by the amounts described in paragraph (2) which were incurred by the decedent before the date of the decedent's death and paid by such person within 1 year after such date. ``(ii) Deduction for estate taxes.--An appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent) with respect to amounts included in gross income under subparagraph (A)(ii)(I) by such person. ``(4) Treatment for failure to be treated as eligible small business.--If for any taxable year a taxpayer which holds a small business start-up savings account as an eligible small business ceases to be an eligible small business-- ``(A) such account shall cease to be a small business start-up savings account, and ``(B) the balance of such account shall be treated as paid out for such taxable year in a distribution which is not a qualified distribution. ``(f) Special Rules.-- ``(1) Denial of double benefit.--Any deduction or credit otherwise allowed for the taxable year with respect to amounts described in subsection (e)(2)(A) shall be reduced by an amount equal to the qualified distributions attributable to such amounts. The adjusted basis of any property placed in service for the taxable year shall be reduced by the amount of any qualified distributions attributable to such property. For purposes of this paragraph, qualified distributions shall first be treated as attributable to amounts described in subsection (e)(2)(A), then to property placed in service for the taxable year. ``(2) Aggregation rule.--For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person.''. (b) Excise Tax on Excess Contributions and Nonqualified Distributions.--Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: ``CHAPTER 50--SMALL BUSINESS START-UP SAVINGS ACCOUNTS ``Sec. 5000C. Tax on excess contributions to small business start-up savings accounts. ``Sec. 5000D. Tax on nonqualified distributions from small business start-up savings accounts. ``SEC. 5000C. TAX ON EXCESS CONTRIBUTIONS TO SMALL BUSINESS START-UP SAVINGS ACCOUNTS. ``(a) In General.--In the case of a small business start-up savings account (within the meaning of section 7529) there is imposed for each taxable year a tax in an amount equal to 6 percent of the amount of the excess contributions to such taxpayer's account (determined as of the close of the taxable year). ``(b) Limitation.--The amount of tax imposed by subsection (a) shall not exceed 6 percent of the value of the account (determined as of the close of the taxable year). ``(c) Excess Contributions.--For purposes of this section, in the case of contributions to all small business start-up savings accounts maintained for the benefit of a person, the term `excess contributions' means the sum of-- ``(1) the excess (if any) of-- ``(A) the amount contributed to such accounts for the taxable year, over ``(B) the amount allowable as a contribution under section 7529(d)(2)(A) for such taxable year, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(A) the distributions out of the accounts for the taxable year, and ``(B) the excess (if any) of-- ``(i) the maximum amount allowable as a contribution under section 7529(d)(2)(A) for such taxable year, over ``(ii) the amount contributed to such accounts for such taxable year. ``SEC. 5000D. TAX ON NONQUALIFIED DISTRIBUTIONS FROM SMALL BUSINESS START-UP SAVINGS ACCOUNTS. ``(a) In General.--If for any taxable year an amount is paid or distributed out of a taxpayer's small business start-up savings account, there is imposed for such taxable year a tax in an amount equal to 10 percent of the portion of such amount which is includible in the gross income of the taxpayer. ``(b) Exception for Disability or Death.--Subsection (a) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) (but only if such beneficiary's account was created before becoming so disabled) or dies. ``SEC. 5000E. CROSS REFERENCE. ``For prohibited transactions, see section 4975.''. (c) Prohibited Transactions.-- (1) In general.--Paragraph (1) of section 4975(e) of such Code is amended by striking ``or'' at the end of subparagraph (F), by striking the period at the end of subparagraph and inserting ``, or'', and by adding at the end the following new subparagraph: ``(H) a small business start-up savings account (within the meaning of section 7529).''. (2) Special rule for ceasing to be a small business start- up savings account.--Section 4975(d) of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following new paragraph: ``(7) Special rule for small business start-up savings account.--An individual for whose benefit a small business start-up savings account (within the meaning of section 7529) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a small business start-up savings account by reason of the application of paragraph (3) or (4) of section 7529(e) to such account.''. (d) Deduction Allowed Whether or Not Individual Itemizes.-- Subsection (a) of section 62 of such Code is amended by adding at the end the following new paragraph: ``(22) Contributions to small business start-up savings accounts.--The deduction allowed by section 7529(d)(1)(A).''. (e) Conforming Amendments.-- (1) The table of chapters for subtitle D such Code is amended by adding at the end the following new item: ``Chapter 50. Small Business Start-Up Savings Accounts''. (2) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7528 the following new item: ``Sec. 7529. Small Business Start-Up Savings Accounts.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.", "summary": "Small Business Start-up Savings Accounts Act of 2011 - Amends the Internal Revenue Code to allow businesses with 500 or fewer employees to establish small business start-up savings accounts for the payment of certain business expenses, including the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. Requires all distributions from such accounts for payment of business expenses to be completed within five years after the first account distribution. Allows a tax deduction for contributions to a start-up savings account, limited to the lesser of: (1) $10,000, or (2) $150,000 reduced by the aggregate account contributions for all taxable years. Excludes distributions from such accounts from gross income for income tax purposes. Imposes an excise tax on excess contributions to and for nonqualified distributions from such accounts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Teachers and First Responders Back to Work Act of 2011''. TITLE I--TEACHER STABILIZATION SEC. 101. PURPOSE. The purpose of this title is to provide funds to States to prevent teacher layoffs and support the creation of additional jobs in public early childhood, elementary, and secondary education in the 2011-2012 and 2012-2013 school years. SEC. 102. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE INTERIOR; AVAILABILITY OF FUNDS. (a) Reservation of Funds.--From the amount appropriated to carry out this title under section 111, the Secretary-- (1) shall reserve up to one-half of one percent to provide assistance to the outlying areas on the basis of their respective needs, as determined by the Secretary, for activities consistent with this part under such terms and conditions as the Secretary may determine; (2) shall reserve up to one-half of one percent to provide assistance to the Secretary of the Interior to carry out activities consistent with this part, in schools operated or funded by the Bureau of Indian Education; and (3) may reserve up to $2,000,000 for administration and oversight of this part, including program evaluation. (b) Availability of Funds.--Funds made available under section 111 shall remain available to the Secretary until September 30, 2012. SEC. 103. STATE ALLOCATION. (a) Allocation.--After reserving funds under section 102(a), the Secretary shall allocate to the States-- (1) 60 percent on the basis of their relative population of individuals aged 5 through 17; and (2) 40 percent on the basis of their relative total population. (b) Awards.--From the funds allocated under subsection (a), the Secretary shall make a grant to the Governor of each State who submits an approvable application under section 104. (c) Alternate Distribution of Funds.-- (1) In general.--If, within 30 days after the date of enactment of this Act, a Governor has not submitted an approvable application to the Secretary, the Secretary shall, consistent with paragraph (2), provide for funds allocated to that State to be distributed to another entity or other entities in the State for the support of early childhood, elementary, and secondary education, under such terms and conditions as the Secretary may establish. (2) Maintenance of effort.-- (A) Governor assurance.--The Secretary shall not allocate funds under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that the State will, for fiscal years 2012 and 2013, meet the requirements of section 108. (B) Special rule.--Notwithstanding subparagraph (A), the Secretary may allocate up to 50 percent of the funds that are available to the State under paragraph (1) to another entity or entities in the State, provided that the State educational agency submits data to the Secretary demonstrating that the State will for fiscal year 2012 meet the requirements of section 108(a) or the Secretary otherwise determines that the State will meet those requirements, or such comparable requirements as the Secretary may establish, for that year. (3) Requirements.--An entity that receives funds under paragraph (1) shall use those funds in accordance with the requirements of this title. (d) Reallocation.--If a State does not receive funding under this title or only receives a portion of its allocation under subsection (c), the Secretary shall reallocate the State's entire allocation or the remaining portion of its allocation, as the case may be, to the remaining States in accordance with subsection (a). SEC. 104. STATE APPLICATION. The Governor of a State desiring to receive a grant under this title shall submit an application to the Secretary within 30 days of the date of enactment of this Act, in such manner, and containing such information, as the Secretary may reasonably require to determine the State's compliance with applicable provisions of law. SEC. 105. STATE RESERVATION AND RESPONSIBILITIES. (a) Reservation.--Each State receiving a grant under section 103(b) may reserve-- (1) not more than 10 percent of the grant funds for awards to State-funded early learning programs; and (2) not more than 2 percent of the grant funds for the administrative costs of carrying out its responsibilities under this title. (b) State Responsibilities.--Each State receiving a grant under this title shall, after reserving any funds under subsection (a)-- (1) use the remaining grant funds only for awards to local educational agencies for the support of early childhood, elementary, and secondary education; and (2) distribute those funds, through subgrants, to its local educational agencies by distributing-- (A) 60 percent on the basis of the local educational agencies' relative shares of enrollment; and (B) 40 percent on the basis of the local educational agencies' relative shares of funds received under part A of title I of the Elementary and Secondary Education Act of 1965 for fiscal year 2011; and (3) make those funds available to local educational agencies no later than 100 days after receiving a grant from the Secretary. (c) Prohibitions.--A State shall not use funds received under this title to directly or indirectly-- (1) establish, restore, or supplement a rainy-day fund; (2) supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund; (3) reduce or retire debt obligations incurred by the State; or (4) supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State. SEC. 106. LOCAL EDUCATIONAL AGENCIES. Each local educational agency that receives a subgrant under this title-- (1) shall use the subgrant funds only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, recall or rehire former employees, or hire new employees to provide early childhood, elementary, or secondary educational and related services; (2) shall obligate those funds no later than September 30, 2013; and (3) may not use those funds for general administrative expenses or for other support services or expenditures, as those terms are defined by the National Center for Education Statistics in the Common Core of Data, as of the date of enactment of this Act. SEC. 107. EARLY LEARNING. Each State-funded early learning program that receives funds under this title shall-- (1) use those funds only for compensation, benefits, and other expenses, such as support services, necessary to retain early childhood educators, recall or rehire former early childhood educators, or hire new early childhood educators to provide early learning services; and (2) obligate those funds no later than September 30, 2013. SEC. 108. MAINTENANCE OF EFFORT. (a) The Secretary shall not allocate funds to a State under this title unless the State provides an assurance to the Secretary that-- (1) for State fiscal year 2012-- (A) the State will maintain State support for early childhood, elementary, and secondary education (in the aggregate or on the basis of expenditure per pupil) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at not less than the level of such support for each of the 2 categories for State fiscal year 2011; or (B) the State will maintain State support for early childhood, elementary, and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for State fiscal year 2011; and (2) for State fiscal year 2013-- (A) the State will maintain State support for early childhood, elementary, and secondary education (in the aggregate or on the basis of expenditure per pupil) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at not less than the level of such support for each of the two categories for State fiscal year 2012; or (B) the State will maintain State support for early childhood, elementary, and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for State fiscal year 2012. (b) Waiver.--The Secretary may waive the requirements of this section if the Secretary determines that a waiver would be equitable due to-- (1) exceptional or uncontrollable circumstances, such as a natural disaster; or (2) a precipitous decline in the financial resources of the State. SEC. 109. REPORTING. Each State that receives a grant under this title shall submit, on an annual basis, a report to the Secretary that contains-- (1) a description of how funds received under this part were expended or obligated; and (2) an estimate of the number of jobs supported by the State using funds received under this title. SEC. 110. DEFINITIONS. In this title: (1) Except as otherwise provided, the terms ``local educational agency'', ``outlying area'', ``Secretary'', ``State'', and ``State educational agency'' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term ``State'' does not include an outlying area. (3) The term ``early childhood educator'' means an individual who-- (A) works directly with children in a State-funded early learning program in a low-income community; (B) is involved directly in the care, development, and education of infants, toddlers, or young children age five and under; and (C) has completed a baccalaureate or advanced degree in early childhood development or early childhood education, or in a field related to early childhood education. (4) The term ``State-funded early learning program'' means a program that provides educational services to children from birth to kindergarten entry and receives funding from the State. SEC. 111. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated, and there are appropriated, $30,000,000,000 to carry out this title for fiscal year 2012. TITLE II--FIRST RESPONDER STABILIZATION SEC. 201. PURPOSE. The purpose of this title is to provide funds to States and localities to prevent layoffs of, and support the creation of additional jobs for, law enforcement officers and other first responders. SEC. 202. GRANT PROGRAM. The Attorney General shall carry out a competitive grant program pursuant to section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) for hiring, rehiring, or retention of career law enforcement officers under part Q of such title. Grants awarded under this section shall not be subject to subsections (g) or (i) of section 1701 or to section 1704 of such Act (42 U.S.C. 3796dd-3(c)). SEC. 203. APPROPRIATIONS. There are hereby appropriated to the Community Oriented Policing Stabilization Fund out of any money in the Treasury not otherwise obligated, $5,000,000,000, to remain available until September 30, 2012, of which $4,000,000,000 shall be for the Attorney General to carry out the competitive grant program under section 202; and of which $1,000,000,000 shall be transferred by the Attorney General to a First Responder Stabilization Fund from which the Secretary of Homeland Security shall make competitive grants for hiring, rehiring, or retention pursuant to the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), to carry out section 34 of such Act (15 U.S.C. 2229a). In making such grants, the Secretary may grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)(A) of section 34. Of the amounts appropriated herein, not to exceed $8,000,000 shall be for administrative costs of the Attorney General, and not to exceed $2,000,000 shall be for administrative costs of the Secretary of Homeland Security. TITLE III--SURTAX ON MILLIONAIRES SEC. 301. SURTAX ON MILLIONAIRES. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--SURTAX ON MILLIONAIRES ``Sec. 59B. Surtax on millionaires. ``SEC. 59B. SURTAX ON MILLIONAIRES. ``(a) General Rule.--In the case of a taxpayer other than a corporation for any taxable year beginning after 2012, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 0.5 percent of so much of the modified adjusted gross income of the taxpayer for such taxable year as exceeds $1,000,000 ($500,000, in the case of a married individual filing a separate return). ``(b) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 2013, each dollar amount under subsection (a) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2011' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the next highest multiple of $10,000. ``(c) Modified Adjusted Gross Income.--For purposes of this section, the term `modified adjusted gross income' means adjusted gross income reduced by any deduction (not taken into account in determining adjusted gross income) allowed for investment interest (as defined in section 163(d)). In the case of an estate or trust, adjusted gross income shall be determined as provided in section 67(e). ``(d) Special Rules.-- ``(1) Nonresident alien.--In the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. ``(2) Citizens and residents living abroad.--The dollar amount in effect under subsection (a) shall be decreased by the excess of-- ``(A) the amounts excluded from the taxpayer's gross income under section 911, over ``(B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A). ``(3) Charitable trusts.--Subsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B). ``(4) Not treated as tax imposed by this chapter for certain purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``part viii. surtax on millionaires.''. (c) Section 15 Not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012.", "summary": "Teachers and First Responders Back to Work Act of 2011 - Directs the Secretary of Education to allocate grants to states and, through them, subgrants to local educational agencies (LEAs) for the costs of retaining, recalling, rehiring, or hiring employees to provide early childhood, elementary, or secondary education and related services. Allows states to reserve up to 10% of their grant for awards, for the same purposes, to state-funded early learning programs. Requires LEAs and state-funded early learning programs to obligate such funds by the close of FY2013. Prohibits the use of such grants to supplant state funding for education. Directs the Attorney General to carry out a competitive grant program pursuant to the Omnibus Crime Control and Safe Streets Act of 1968 for the hiring, rehiring, or retention of career law enforcement officers. Makes appropriations to the Community Oriented Policing Stabilization Fund to carry out such program and for transfer to a First Responder Stabilization Fund from which the Secretary of Homeland Security (DHS) shall make competitive grants for hiring additional firefighters pursuant to the Federal Fire Prevention Control Act of 1974. Amends the Internal Revenue Code to impose on individual taxpayers in taxable years beginning after 2012 an additional tax equal to 0.5% of so much of their modified adjusted gross income as exceeds $1 million. Defines \"modified adjusted gross income\" as adjusted gross income reduced by any deduction allowed for investment interest. Provides for an inflation adjustment to the $1 million threshold amount for taxable years beginning after 2013."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Professional Development Act of 2006''. SEC. 2. ESTABLISHMENT OF PROFESSIONAL DEVELOPMENT PROGRAMS AT THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) is amended by inserting after section 843 the following: ``SEC. 844. HOMELAND SECURITY MENTORING PROGRAM. ``(a) Establishment.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish the Homeland Security Mentoring Program (in this section referred to as the `Mentoring Program') for employees of the Department. The Mentoring Program shall use applicable best practices, including those from the Chief Human Capital Officers Council. ``(2) Goals.--The Mentoring Program established by the Secretary-- ``(A) shall be established in accordance with the Department Human Capital Strategic Plan; ``(B) shall incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; ``(C) shall enable employees within the Department to share expertise, values, skills, resources, perspectives, attitudes and proficiencies to develop and foster a cadre of qualified employees and future leaders; ``(D) shall incorporate clear learning goals, objectives, meeting schedules, and feedback processes that will help employees, managers, and executives enhance skills and knowledge of the Department while reaching professional and personal goals; ``(E) shall enhance professional relationships, contacts, and networking opportunities among the employees of the Department; ``(F) shall complement and incorporate (but not replace) mentoring and training programs within the Department in effect on the date of enactment of this section; and ``(G) may promote cross-disciplinary mentoring and training opportunities that include provisions for intradepartmental rotational opportunities, in accordance with human capital goals and plans that foster a more diversified and effective Federal workforce of the Department. ``(3) Training leaders council.-- ``(A) Establishment.--The Training Leaders Council established by the Chief Human Capital Officer shall administer the Mentoring Program. ``(B) Responsibilities.--The Training Leaders Council shall-- ``(i) provide oversight of the establishment and implementation of the Mentoring Program; ``(ii) establish a framework that supports the goals of the Mentoring Program and promotes cross-disciplinary mentoring and training; ``(iii) identify potential candidates to be mentors or mentees and select candidates for admission into the Mentoring Program; ``(iv) formalize mentoring assignments within the Department; ``(v) formulate individual development plans that reflect the needs of the Department, the mentor, and the mentee; ``(vi) coordinate with mentoring programs in the Department in effect on the date of enactment of this section; and ``(vii) establish target enrollment numbers for the size and scope of the Mentoring Program, under the human capital goals and plans of the Department. ``(4) Selection of participants for mentoring program.-- ``(A) In general.--The Mentoring Program shall consist of middle and senior level employees of the Department with significant experience who shall serve as mentors for junior and entry level employees and employees who are critical to Department succession plans and programs. ``(B) Selection of mentors.--Mentors shall be employees who-- ``(i) understand the organization and culture of the Department; ``(ii) understand the aims of mentoring in Federal public service; ``(iii) are available and willing to spend time with the mentee, giving appropriate guidance and feedback; ``(iv) enjoy helping others and are open- minded, flexible, empathetic, and encouraging; and ``(v) have very good communications skills, and stimulate the thinking and reflection of mentees. ``(C) Selection of mentees.--Mentees shall be motivated employees who possess potential for future leadership and management roles within the Department. ``(5) Roles and responsibilities of participants in the mentoring program.-- ``(A) Mentors.-- ``(i) Role.--A mentor shall serve as a model, motivator, and counselor to a mentee. ``(ii) Limitation.--Any person who is the immediate supervisor of an employee and evaluates the performance of that employee may not be a mentor to that employee under the Mentor Program. ``(iii) Responsibilities.--The responsibilities of a mentor may include-- ``(I) helping the mentee set short- term learning objectives and long-term career goals; ``(II) helping the mentee understand the organizational culture of the Department; ``(III) recommending or creating learning opportunities; ``(IV) providing informal education and training in areas such as communication, critical thinking, responsibility, flexibility, and teamwork; and ``(V) pointing out the strengths and areas for development of the mentee. ``(B) Mentees.--The responsibilities of the mentee may include-- ``(i) defining short-term learning objectives and long-term career goals; ``(ii) participating in learning opportunities to broaden knowledge of the Department; and ``(iii) participating in professional opportunities to improve a particular career area, develop an area of technical expertise, grow professionally, and expand leadership abilities. ``(6) Reporting.--Not later than 180 days after the date of the establishment of the Mentoring Program, the Secretary shall submit a report on the status of the Mentoring Program and enrollment, including the number of mentors and mentees in each component of the Department and how the Mentoring Program is being used in succession planning and leadership development to-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the Committee on Homeland Security of the House of Representatives; and ``(C) the Committee on Government Reform of the House of Representatives. ``SEC. 845. HOMELAND SECURITY ROTATION PROGRAM. ``(a) Establishment.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish the Homeland Security Rotation Program (in this section referred to as the `Rotation Program') for employees of the Department. The Rotation Program shall use applicable best practices, including those from the Chief Human Capital Officers Council. ``(2) Goals.--The Rotation Program established by the Secretary shall-- ``(A) be established in accordance with the Department Human Capital Strategic Plan; ``(B) provide middle level employees in the Department the opportunity to broaden their knowledge through exposure to other components of the Department; ``(C) expand the knowledge base of the Department by providing for rotational assignments of employees to other components; ``(D) build professional relationships and contacts among the employees in the Department; ``(E) invigorate the workforce with exciting and professionally rewarding opportunities; ``(F) incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; and ``(G) complement and incorporate (but not replace) rotational programs within the Department in effect on the date of enactment of this section. ``(3) Training leaders council.-- ``(A) In general.--The Training Leaders Council established by the Chief Human Capital Officer shall administer the Rotation Program. ``(B) Responsibilities.--The Training Leaders Council shall-- ``(i) provide oversight of the establishment and implementation of the Rotation Program; ``(ii) establish a framework that supports the goals of the Rotation Program and promotes cross-disciplinary rotational opportunities; ``(iii) establish eligibility for employees to participate in the Rotation Program and select participants from employees who apply; ``(iv) establish incentives for employees to participate in the Rotation Program, including promotions and employment preferences; ``(v) ensure that the Rotation Program provides professional education and training; ``(vi) ensure that the Rotation Program develops qualified employees and future leaders with broad-based experience throughout the Department; ``(vii) provide for greater interaction among employees in components of the Department; and ``(viii) coordinate with rotational programs within the Department in effect on the date of enactment of this section. ``(4) Allowances, privileges, and benefits.--All allowances, privileges, rights, seniority, and other benefits of employees participating in the Rotation Program shall be preserved. ``(5) Reporting.--Not later than 180 days after the date of the establishment of the Rotation Program, the Secretary shall submit a report on the status of the Rotation Program, including a description of the Rotation Program, the number of employees participating, and how the Rotation Program is used in succession planning and leadership development to-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the Committee on Homeland Security of the House of Representatives; and ``(C) the Committee on Government Reform of the House of Representatives.''. (b) Technical and Conforming Amendment.--Section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting after the item relating to section 843 the following: ``Sec. 844. Homeland Security Mentoring Program. ``Sec. 845. Homeland Security Rotation Program.''. SEC. 3. REPORTS TO CONGRESS. (a) In General.--Chapter 41 of title 5, United States Code is amended by adding at the end the following: ``SEC. 4122. REPORTS TO CONGRESS. ``The Director of the Office of Personnel Management shall report annually to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives on the training, mentoring, and succession plans and programs of Federal agencies, including the number of participants, the structure of the programs, and how participants are used for leadership development and succession planning programs.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 41 of title 5, United States Code, is amended by inserting after the item relating to section 4121 the following: ``4122. Reports to Congress.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out this Act.", "summary": "Homeland Security Professional Development Act of 2006 - Amends the Homeland Security Act of 2002 to direct the Secretary of the Department of Homeland Security (DHS) to establish: (1) the Homeland Security Mentoring Program for DHS employees, the goals of which shall include addressing critical human capital deficiencies, recruitment and retention efforts, and succession planning and promoting cross-disciplinary mentoring and training opportunities; and (2) the Homeland Security Rotation Program to provide middle level DHS employees the opportunity to broaden their knowledge through exposure to other DHS components. Requires such programs to be: (1) established in accordance with DHS's Human Capital Strategic Plan; and (2) administered by the Training Leaders Council (established by the Chief Human Capital Officer). Requires the Director of the Office of Personnel Management (OPM) to report annually to specified congressional committees on the training, mentoring, and succession plans and programs of federal agencies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Retaliation Options against Those Engaging in Cyberattacks Targeting the United States Act'' or ``PROTECT US Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Article XXI of the GATT 1994 (as such term is defined in section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B))) allows a member of the World Trade Organization to take any action which such member considers necessary for the protection of such member's essential security interests. (2) Protecting the United States from malicious cyber- enabled activities is essential to the security interests of the United States. SEC. 3. IMPOSITION OF PENALTIES ON STATE-SPONSORS OF CYBERATTACKS. (a) In General.--The President is authorized to impose penalties described in subsection (c) with respect to each country on the list required by subsection (b). (b) List of State-Sponsors of Cyberattacks.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to Congress a list of countries designated as state-sponsors of cyberattacks pursuant to paragraph (2). (2) Countries designated.--If the President, in consultation with the Secretary of Homeland Security, the Secretary of Defense, the Attorney General, and the Chairman of the United States International Trade Commission, determines that the United States or a United States person has been targeted in a malicious cyber-enabled activity originating from, or directed by a person located, in whole or in substantial part, in a foreign country, and such activity is reasonably likely to result in, or have materially contributed to, a threat to the national security or foreign policy of the United States, or harmed the economic health or financial stability of the United States or a United States person, or has the purpose or effect of-- (A) harming or otherwise significantly compromising the provision of services by a computer or network of computers that support the United States or a United States person in a critical infrastructure sector, (B) significantly compromising the provision of services by the United States or a United States person in a critical infrastructure sector, (C) causing significant disruption to the availability of a computer or network of computers owned or operated by the United States or a United States person, or (D) causing a significant misappropriation of funds or economic resources, trade secrets, personally identifiable information, or financial information of the United States or a United States person, the President shall designate such country as a state-sponsor of cyberattacks. (3) Updates of list.--The President shall submit to Congress an updated list under paragraph (1) as new information becomes available. (c) Penalties.-- (1) Trade-related penalty.--The President may impose a duty, in addition to any other duty imposed, on any article or service imported directly or indirectly into the United States that is produced in whole or in part in a country that is included on the list of state-sponsors of cyberattacks required by subsection (b). (2) Other actions.--The President may take any of the following actions with respect to a country that is included on the list of state-sponsors of cyberattacks required by subsection (b): (A) A private demarche. (B) An official public demarche. (C) A public condemnation. (D) A public condemnation within one or more multilateral fora. (E) The delay or cancellation of one or more scientific exchanges. (F) The delay or cancellation of one or more cultural exchanges. (G) The denial of one or more working, official, or state visits. (H) The delay or cancellation of one or more working, official, or state visits. (I) The withdrawal, limitation, or suspension of United States development assistance under chapter 1 of part I of the Foreign Assistance Act of 1961. (J) Directing the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the Trade and Development Agency to not approve the issuance of any (or a specified number of) guarantees, insurance, extensions of credit, or participations in extensions of credit. (K) The withdrawal, limitation, or suspension of United States security assistance under part II of the Foreign Assistance Act of 1961. (L) Consistent with section 701 of the International Financial Institutions Act, directing the United States Executive Directors at international financial institutions to oppose and vote against loans primarily benefitting the country. (M) Ordering the heads of the appropriate United States agencies to not issue any (or a specified number of) specific licenses, and to not grant any other specific authority (or a specified number of authorities), to export any goods or technology to such country under-- (i) the Export Administration Act of 1979 (as continued in effect pursuant the International Emergency Economic Powers Act); (ii) the Arms Export Control Act; (iii) the Atomic Energy Act of 1954; or (iv) any other statute that requires the prior review and approval of the United States Government as a condition for the export or re- export of goods or services. (N) Prohibiting any United States financial institution from making loans or providing credits. (O) Prohibiting the United States Government from procuring, or entering into any contract for the procurement of, any goods or services. (P) Suspension or withdrawal of extension of nondiscriminatory treatment to the products of the country pursuant to section 404 of the Trade Act of 1974. (Q) Ordering a trade embargo. (R) Ordering a cyber counterattack. (d) Removal From List.-- (1) In general.--A country may be removed from the list of state-sponsors of cyberattacks required by subsection (b) if-- (A) the President determines that the country no longer meets the requirements for designation as a state-sponsor of cyberattacks under subsection (b)(2); or (B) Congress enacts a law that provides for such removal. (2) Moratorium.-- (A) In general.--A country that has been removed from the list pursuant to paragraph (1)(B) may not be added back to the list by the President until at least the date that is one year after the date of such removal. (B) Rule of construction.--Nothing in this paragraph shall be construed as prohibiting Congress from adding a country that has been removed from the list pursuant to paragraph (1)(B) back to the list by a date that is earlier than the date described in subparagraph (A). (e) Definitions.--In this section: (1) Critical infrastructure sector.--The term ``critical infrastructure sector'' means any of the designated critical infrastructure sectors identified in Presidential Policy Directive 21. (2) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, government, or other organization. (3) List.--The term ``list'' means the list of state- sponsors of cyberattacks. (4) Misappropriation.--The term ``misappropriation'' means any taking or obtaining by improper means, without permission or consent, or under false pretenses. (5) Person.--The term ``person'' means a natural person or an entity. (6) United states person.--The term ``United States person'' shall be broadly construed to include but not be limited to any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), any governmental or quasi-governmental entity existing in the United States, or any other person in the United States.", "summary": "Providing Retaliation Options against Those Engaging in Cyberattacks Targeting the United States Act or PROTECT US Act This bill directs the President to submit to Congress a list of countries designated as state-sponsors of cyberattacks. A country shall be so designated if the President determines that the United States or a U.S. person has been targeted in a cyber-enabled activity originating from or directed by a person located in a foreign country, and such activity is likely to result in or have contributed to a threat to U.S. national security or foreign policy, or harmed U.S. economic health or financial stability or a U.S. person, or has the purpose or effect of: harming or compromising the provision of services by a computer or network of computers that support the United States or a U.S. person in a critical infrastructure sector; compromising the provision of services by the United States or a U.S. person in a critical infrastructure sector; disrupting the availability of a computer or network of computers owned or operated by the United States or a U.S. person; or causing a misappropriation of funds or economic resources, trade secrets, personally identifiable information, or financial information of the United States or a U.S. person. The President may impose a trade-related penalty and take other actions, including assistance limitations, trade embargoes, and cyber counter attacks, with respect to a designated country. A country may be removed from the list of state-sponsors of cyberattacks if: (1) the President determines that it no longer meets the requirements for the designation, or (2) Congress enacts a law providing for such removal. A country that has been removed from the list by Congress may not be added back to the list by the President until at least one year after removal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Data Framework Act of 2018''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY DATA FRAMEWORK. (a) In General.-- (1) Development.--The Secretary of Homeland Security shall develop a data framework to integrate existing Department of Homeland Security datasets and systems, as appropriate, for access by authorized personnel in a manner consistent with relevant legal authorities and privacy, civil rights, and civil liberties policies and protections. (2) Requirements.--In developing the framework required under paragraph (1), the Secretary of Homeland Security shall ensure, in accordance with all applicable statutory and regulatory requirements, the following information is included: (A) All information acquired, held, or obtained by an office or component of the Department of Homeland Security that falls within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence. (B) Any information or intelligence relevant to priority mission needs and capability requirements of the homeland security enterprise, as determined appropriate by the Secretary. (b) Data Framework Access.-- (1) In general.--The Secretary of Homeland Security shall ensure that the data framework required under this section is accessible to employees of the Department of Homeland Security who the Secretary determines-- (A) have an appropriate security clearance; (B) are assigned to perform a function that requires access to information in such framework; and (C) are trained in applicable standards for safeguarding and using such information. (2) Guidance.--The Secretary of Homeland Security shall-- (A) issue guidance for Department of Homeland Security employees authorized to access and contribute to the data framework pursuant to paragraph (1); and (B) ensure that such guidance enforces a duty to share between offices and components of the Department when accessing or contributing to such framework for mission needs. (3) Efficiency.--The Secretary of Homeland Security shall promulgate data standards and instruct components of the Department of Homeland Security to make available information through the data framework required under this section in a machine-readable standard format, to the greatest extent practicable. (c) Exclusion of Information.--The Secretary of Homeland Security may exclude information from the data framework required under this section if the Secretary determines inclusion of such information may-- (1) jeopardize the protection of sources, methods, or activities; (2) compromise a criminal or national security investigation; (3) be inconsistent with other Federal laws or regulations; or (4) be duplicative or not serve an operational purpose if included in such framework. (d) Safeguards.--The Secretary of Homeland Security shall incorporate into the data framework required under this section systems capabilities for auditing and ensuring the security of information included in such framework. Such capabilities shall include the following: (1) Mechanisms for identifying insider threats. (2) Mechanisms for identifying security risks. (3) Safeguards for privacy, civil rights, and civil liberties. (e) Deadline for Implementation.--Not later than 2 years after the date of enactment of this Act, the Secretary of Homeland Security shall ensure the data framework required under this section has the ability to include appropriate information in existence within the Department of Homeland Security to meet the critical mission operations of the Department of Homeland Security. (f) Notice to Congress.-- (1) Status updates.--The Secretary of Homeland Security shall submit to the appropriate congressional committees regular updates on the status of the data framework until the framework is fully operational. (2) Operational notification.--Not later than 60 days after the date on which the data framework required under this section is fully operational, the Secretary of Homeland Security shall provide notice to the appropriate congressional committees that the data framework is fully operational. (3) Value added.--The Secretary of Homeland Security shall annually brief Congress on component use of the data framework required under this section to support operations that disrupt terrorist activities and incidents in the homeland. (g) Definitions.--In this section: (1) Appropriate congressional committee; homeland.--The terms ``appropriate congressional committee'' and ``homeland'' have the meaning given those terms in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). (2) Homeland security information.--The term ``homeland security information'' has the meaning given such term in section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482). (3) National intelligence.--The term ``national intelligence'' has the meaning given such term in section 3(5) of the National Security Act of 1947 (50 U.S.C. 3003(5)). (4) Terrorism information.--The term ``terrorism information'' has the meaning given such term in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Department of Homeland Security Data Framework Act of 2017 (Sec. 2) This bill directs the Department of Homeland Security (DHS) to: (1) develop a data framework to integrate existing DHS datasets and systems for access by authorized personnel in a manner consistent with relevant legal authorities and privacy, civil rights, and civil liberties policies and protections; (2) ensure that all information of a DHS office or component that falls within the scope of the information sharing environment, and any information or intelligence relevant to priority mission needs and capability requirements of the homeland security enterprise, is included; and (3) ensure that the framework is accessible to DHS employees who have an appropriate security clearance, who are assigned to perform a function that requires access, and who are trained in applicable standards for safeguarding and using such information. DHS shall: (1) issue guidance for DHS employees authorized to access and contribute to the framework that enforces a duty to share between DHS offices and components for mission needs; and (2) promulgate data standards and instruct DHS components to make available information through the framework in a machine-readable format. DHS may exclude information that could: jeopardize the protection of sources, methods, or activities; compromise a criminal or national security investigation; be inconsistent with the other federal laws or regulations; or be duplicative or not serve an operational purpose. DHS shall incorporate into such framework systems capabilities for auditing and ensuring the security of information. Such capabilities shall include: (1) mechanisms for identifying insider threats and security risks; and (2) safeguards for privacy, civil rights, and civil liberties. DHS shall ensure that, by two years after this bill's enactment, the framework has the ability to include appropriate information in existence within the department to meet its critical mission operations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Budget Reform and Transparency Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Title 38, United States Code, authorizes the Secretary of Veterans Affairs to furnish hospital and domiciliary care, medical services, nursing home care, and related services to eligible and enrolled veterans, but only to the extent that appropriated resources and facilities are available for such purposes. (2) For 19 of the past 22 fiscal years, funds have not been appropriated for the Department of Veterans Affairs for the provision of health care as of the commencement of the new fiscal year, causing the Department great challenges in planning and managing care for enrolled veterans, to the detriment of veterans. (3) The cumulative effect of insufficient, late, and unpredictable funding for the Department for health care endangers the viability of the health care system of the Department and impairs the specialized health care resources the Department requires to maintain and improve the health of sick and disabled veterans. (4) Appropriations for the health care programs of the Department have too often proven insufficient over the past decade, requiring the Secretary to ration health care and Congress to approve supplemental appropriations for those programs. (5) Providing sufficient, timely, and predictable funding would ensure the Government meets its obligation to provide health care to sick and disabled veterans and ensure that all veterans enrolled for health care through the Department have ready access to timely and high quality care. (6) Providing sufficient, timely, and predictable funding would allow the Department to properly plan for and meet the needs of veterans. SEC. 3. TWO-FISCAL YEAR BUDGET AUTHORITY FOR CERTAIN MEDICAL CARE ACCOUNTS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Two-fiscal Year Budget Authority.-- (1) In general.--Chapter 1 of title 38, United States Code, is amended by inserting after section 113 the following new section: ``Sec. 113A. Two-fiscal year budget authority for certain medical care accounts ``(a) In General.--Beginning with fiscal year 2011, new discretionary budget authority provided in an appropriations Act for the appropriations accounts of the Department specified in subsection (b) shall be made available for the fiscal year involved, and shall include new discretionary budget authority for such appropriations accounts that first become available for the first fiscal year after such fiscal year. ``(b) Medical Care Accounts.--The medical care accounts of the Department specified in this subsection are the medical care accounts of the Veterans Health Administration as follows: ``(1) Medical Services. ``(2) Medical Support and Compliance. ``(3) Medical Facilities.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 113 the following new item: ``113A. Two-fiscal year budget authority for certain medical care accounts.''. SEC. 4. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON ADEQUACY AND ACCURACY OF BASELINE MODEL PROJECTIONS OF THE DEPARTMENT OF VETERANS AFFAIRS FOR HEALTH CARE EXPENDITURES. (a) Study of Adequacy and Accuracy of Baseline Model Projections.-- The Comptroller General of the United States shall conduct a study of the adequacy and accuracy of the budget projections made by the Enrollee Health Care Projection Model, its equivalent, or other methodologies, as utilized for the purpose of estimating and projecting health care expenditures of the Department of Veterans Affairs (in this section referred to as the ``Model'') with respect to the fiscal year involved and the subsequent four fiscal years. (b) Reports.-- (1) In general.--Not later than the date of each year in 2011, 2012, and 2013, on which the President submits the budget request for the next fiscal year under section 1105 of title 31, United States Code, the Comptroller General shall submit to the appropriate committees of Congress and to the Secretary a report. (2) Elements.--Each report under this paragraph shall include, for the fiscal year beginning in the year in which such report is submitted, the following: (A) A statement whether the amount requested in the budget of the President for expenditures of the Department for health care in such fiscal year is consistent with anticipated expenditures of the Department for health care in such fiscal year as determined utilizing the Model. (B) The basis for such statement. (C) Such additional information as the Comptroller General determines appropriate. (3) Availability to the public.--Each report submitted under this subsection shall also be made available to the public. (4) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committees on Veterans' Affairs, Appropriations, and the Budget of the Senate; and (B) the Committees on Veterans' Affairs, Appropriations, and the Budget of the House of Representatives.", "summary": "Veterans Health Care Budget Reform and Transparency Act of 2009 - Requires, beginning with FY2011, a two-fiscal-year new discretionary budget authority for the following accounts of the Department of Veterans Affairs (VA): (1) Medical Services; (2) Medical Support and Compliance; and (3) Medical Facilities. Requires the Comptroller General to: (1) conduct a study on the adequacy and accuracy of VA baseline model projections for health care expenditures; and (2) report during 2011-2013 to the Secretary of Veterans Affairs and the congressional veterans, appropriations, and budget committees on the sufficiency of budget requests for VA health expenditures in relation to the baseline model projections."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Emergency Response Act of 2012''. SEC. 2. DISASTER RESPONSE AT SITES ON THE NATIONAL PRIORITIES LIST. (a) In General.--Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') may carry out any assessment, monitoring, remediation, repair, or construction activity that the Administrator determines to be necessary at a site that-- (1) is proposed to be listed on, is listed on, or has been deleted from, the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and (2) is located in an area that the President has declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2013 through 2018. SEC. 3. DISASTER ASSESSMENTS. Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following: ``SEC. 129. SITE ASSESSMENTS AFTER A MAJOR DISASTER. ``(a) In General.--The Governor or Senator of a State may request that the Administrator carry out an assessment and submit a report on the impacts, if any, of a major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) on any site that is-- ``(1) proposed to be listed on or listed on the National Priorities List; and ``(2) located in an area that the President has declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). ``(b) Response.-- ``(1) In general.--Not later than 15 days after the date on which a request described in subsection (a) is submitted, the Administrator shall-- ``(A) determine whether to carry out the assessment; and ``(B) inform the Governor or Senator, as applicable, of the determination. ``(2) Preliminary assessment.-- ``(A) In general.--If the Administrator determines to carry out an assessment under this section, the assessment shall include-- ``(i) an evaluation of whether the major disaster resulted in the release of any contaminants into the ambient environment that threaten public health and the environment; ``(ii) an assessment of any actions necessary to mitigate a toxic release, repair any damage, or provide monitoring in response to damage associated with the major disaster, along with an estimate of the cost to complete those actions; ``(iii) a list of any actions already taken by Administrator, including actions in coordination with State and local governments, to prevent, mitigate, or remediate any damage resulting from the major disaster at the site; and ``(iv) any information needed to alert the public to any threat, or potential threat, to public health and the environment relating to the release of contaminants at the site as a result of a major disaster. ``(B) Public notice.--Not later than 30 days after the date on which the Administrator determines to carry out an assessment described in subsection (a), the Administrator shall-- ``(i) complete the assessment; and ``(ii) publish the results of the assessment on a publicly accessible Internet site. ``(3) Amended assessment.--The Administrator may amend or update any assessment carried out under this section during the 1-year period following the date on which the Administrator determines to carry out the assessment.''. SEC. 4. STUDY OF SITES ON THE NATIONAL PRIORITIES LIST AND EXTREME WEATHER. Title III of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9651 et seq.) is amended by adding at the end the following: ``SEC. 313. STUDY ON SITES ON THE NATIONAL PRIORITIES LIST AND EXTREME WEATHER. ``(a) Definition of Extreme Weather Event.--In this section, the term `extreme weather event' means-- ``(1) severe and unseasonable weather; ``(2) heavy precipitation; ``(3) a hurricane; ``(4) a storm surge; ``(5) a tornado or other windstorm, including a derecho; ``(6) extreme heat and cold; and ``(7) any other event that qualifies as a `major disaster' under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). ``(b) Study.--Not later than 2 years after the date of enactment of this section, the Administrator shall carry out a study and submit to Congress a report that includes-- ``(1) an assessment of the existing vulnerability of each property that, due to an extreme weather event, is proposed to be listed, listed, or removed from the National Priorities List, particularly in relation to the potential for contaminants to leach or enter into the ambient environment and threaten public health; ``(2) an evaluation of the quantity of properties proposed to be listed or listed on the National Priorities List in areas that are prone to flooding as a result of an extreme weather event, including an estimate of the cost necessary to remediate each site so that the site can be removed from the National Priorities List; and ``(3) any recommendations of the Administrator relating to-- ``(A) emergency response protocols in the event of an extreme weather event to prevent any release of contaminants into the ambient environment, including coordination between the regional office, appropriate State and local officials, and any relevant community advisory groups; ``(B) strategies the Administrator determines necessary to improve the resiliency of assessments, monitoring, or construction carried out on proprieties on the National Priorities List as extreme weather events become more common; and ``(C) additional policies necessary to enhance the resiliency of properties on the National Priorities List as a result of extreme weather events, including any modifications of existing Federal law.''.", "summary": "Superfund Emergency Response Act of 2012 - Authorizes the Administrator of the Environmental Protection Agency (EPA) to carry out any assessment, monitoring, remediation, repair, or construction activity determined to be necessary at a site that: (1) is proposed to be listed on, is listed on, or has been deleted from the National Priorities List (NPL) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); and (2) is located in an area that the President has declared a major disaster in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Amends CERCLA to authorize a state governor or senator to request that the Administrator carry out an assessment and report on the impacts of a major disaster on any proposed or listed NPL site located in a major disaster area. Requires the assessment to include: (1) an evaluation of whether the disaster resulted in the release of any contaminants into the ambient environment that threaten public health and the environment; (2) an assessment of any actions necessary to mitigate a toxic release, repair any damage, or provide monitoring in response to disaster damage; (3) a list of actions already taken by Administrator to prevent, mitigate, or remediate any disaster damage at the site; and (4) any information needed to alert the public to any threat to public health and the environment relating to the release of contaminants at the site. Directs the Administrator to study and report on: (1) an assessment of the vulnerability of each property that, due to an extreme weather event, is proposed to be listed, is listed, or is removed from the NPL; (2) an evaluation of the quantity of properties proposed or listed on the NPL in areas that are prone to flooding as a result of such an event; and (3) recommendations relating to emergency response protocols in such an event to prevent any release of contaminants into the ambient environment, strategies to improve the resiliency of assessments, monitoring, or construction carried out on NPL proprieties as such events become more common, and additional policies necessary to enhance the resiliency of NPL properties as a result of such events. Defines an \"extreme weather event\" as severe and unseasonable weather, heavy precipitation, a hurricane, a storm surge, a tornado or other windstorm, extreme heat and cold, or any other event that qualifies as a major disaster."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reach Every Mother and Child Act of 2017''. SEC. 2. ASSISTANCE TO END PREVENTABLE MATERNAL, NEWBORN, AND CHILD DEATHS GLOBALLY. The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end of chapter I of part I the following new section: ``SEC. 137. ASSISTANCE TO END PREVENTABLE MATERNAL, NEWBORN, AND CHILD DEATHS GLOBALLY. ``(a) Purpose.--The purpose of this section is to implement a strategic approach for providing foreign assistance in order to end preventable child and maternal deaths globally by 2030. ``(b) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the United States Agency for International Development. ``(2) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and ``(B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. ``(3) Coordinator.--The term `Coordinator' means the Child and Maternal Survival Coordinator established under subsection (e). ``(4) Relevant partner entities.--The term `relevant partner entities' means each of the following: ``(A) The governments of other donor countries. ``(B) International financial institutions. ``(C) Nongovernmental organizations. ``(D) Faith-based organizations. ``(E) Professional organizations ``(F) The private sector. ``(G) Multilateral organizations. ``(H) Local and international civil society groups. ``(I) Local health workers. ``(J) International organizations. ``(5) Target countries.--The term `target countries' means specific countries that have the greatest need and highest burden of child and maternal deaths, taking into consideration countries that-- ``(A) have high-need communities in fragile states or conflict-affected states; ``(B) are low- or middle-income countries; or ``(C) are located in regions with weak health systems. ``(c) Statement of Policy.--It is the policy of the United States, in partnership with target countries and relevant partner entities, to establish and implement a coordinated, integrated, and comprehensive strategy to combat the leading causes of maternal, newborn, and child mortality globally and ensure healthy and productive lives by-- ``(1) scaling up the highest impact, evidence-based interventions, including for the most vulnerable populations, with a focus on country ownership; ``(2) designing, implementing, monitoring, and evaluating programs in a way that enhances transparency and accountability, increases sustainability, and improves outcomes in target countries; and ``(3) supporting the development and scale up of innovative tools and approaches to accelerate progress toward ending preventable child and maternal deaths. ``(d) Strategy.-- ``(1) In general.--Not later than one year after the date of the enactment of the Reach Every Mother and Child Act of 2017, the President shall establish and implement a comprehensive five-year, whole-of-government strategy to achieve, with target countries and donors, the goal of ending preventable child and maternal deaths globally and ensure healthy and productive lives by 2030. ``(2) Elements.--The strategy established under paragraph (1) shall-- ``(A) set outcome-based targets to achieve the goals of the strategy and ascertain baseline data relevant for each target country and for all areas of focus and programming as of the date of the release of the strategy; ``(B) utilize United States Government strategies and frameworks relevant to ending preventable child and maternal deaths, including specific objectives, programs, and approaches to implement highest impact, evidence-based interventions to address the leading causes of death, particularly among the most vulnerable populations, of-- ``(i) women related to pregnancy, childbirth, and post delivery; ``(ii) newborns in their first 28 days; and ``(iii) infants and children under the age of five years old; ``(C) include development and scale up of new technologies and approaches, including those supported by public-private partnerships, for research and innovation; ``(D) promote coordination and efficiency within and amongst the relevant executive branch agencies and initiatives, including the United States Agency for International Development, the Department of State, the Department of Health and Human Services, the Centers for Disease Control and Prevention, the National Institutes of Health, the Millennium Challenge Corporation, the Peace Corps, the Department of the Treasury, the Office of the Global AIDS Coordinator, and the President's Malaria Initiative; ``(E) project general levels of resources needed to achieve the strategy's stated objectives; ``(F) identify strategies for leveraging resources in new and innovative ways; ``(G) align with country-driven maternal, newborn, and child health and survival plans and improve coordination with foreign governments and international organizations; ``(H) outline consultations with target countries and relevant partner entities as appropriate; ``(I) implement results-based contracting (such as pay-for-success) and financial and operational risk reduction; ``(J) promote a shift towards investments that support inclusive and sustainable business models; and ``(K) support the transition to domestic sustainably financed health systems. ``(3) Initial strategy.--For the purposes of this section, a strategy meeting the criteria described in paragraph (2) that is in effect as of the date of enactment of this section may be deemed to fulfill the establishment requirement in paragraph (1). ``(e) Establishment of Child and Maternal Survival Coordinator.-- ``(1) In general.--The President shall designate a current USAID employee serving in a career or non-career position in the Senior Executive Service or at the level of a Deputy Assistant Administrator or higher to serve concurrently as the Child and Maternal Survival Coordinator. The Coordinator shall be responsible for-- ``(A) overseeing the strategy established under subsection (d); and ``(B) all United States Government funds appropriated or used for international maternal and child health and nutrition programs. ``(2) Duties.--The Coordinator shall-- ``(A) have the primary responsibility for the oversight and coordination of all resources and international activities of the United States Government appropriated or used for international maternal and child health and nutrition programs; ``(B) direct the budget, planning, and staffing to implement international maternal and child health and nutrition projects and programs for the purpose of achieving reductions in preventable child and maternal deaths; ``(C) lead implementation and revision, not less frequently than once every 5 years, of the strategy established under subsection (d)(1); ``(D) coordinate with relevant executive branch agencies, target countries, and relevant partner entities as appropriate, to carry out the strategy established under section 5(a) and to align current and future investments with high-impact, evidence-based interventions to save lives; ``(E) provide direction to the design and oversight of grants, contracts, and cooperative agreements with nongovernmental organizations (including community, faith-based, and civil society organizations) and private sector entities for the purpose of carrying out the strategy established under subsection (d)(1); and ``(F) report directly to the Administrator regarding implementation of the strategy established under subsection (d)(1). ``(3) Restriction on additional or supplemental compensation.--The Coordinator shall receive no additional or supplemental compensation as a result of carrying out responsibilities and duties under this section. ``(f) Authority to Assist in Implementation of the Strategy.-- ``(1) In general.--The President shall provide assistance to implement the strategy established under subsection (d)(1). ``(2) Focus on impact.-- ``(A) Targets for increased implementation required.--Consistent with the requirements for foreign assistance programs included in the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114-119), USAID grants, contracts, and cooperative agreements for the purposes of the strategy established under subsection (d)(1) shall be required to include targets for increased implementation of high-impact, evidence-based interventions and strengthening health systems, as appropriate, including the establishment of baseline measurements from which to quantify progress. ``(B) Exception.--In exceptional circumstances where USAID determines that inclusion of coverage targets or baseline measures are not reasonable or practicable for the grant, contract, or cooperative agreement, the funding mechanism shall include an explanation of the omission and explicitly state how measurable impact will be targeted and tracked. ``(g) Reports.-- ``(1) Report required.--Not later than one year after the date of the enactment of this section, and annually thereafter for 5 additional years, the President shall submit to the appropriate congressional committees a report on progress made to achieve the strategy established under subsection (d)(1) as well as progress toward the goal to end preventable child and maternal deaths globally. The data in the report shall be made publicly available. ``(2) Information included in report.--The report required under paragraph (1) shall include the following elements: ``(A) Indicators of progress made by United States Government programs carried out under international maternal and child health and nutrition programs for the purposes of improving maternal, newborn, and child health and survival, particularly among the most vulnerable populations, in each target country and overall, including-- ``(i) maternal mortality ratio per 100,000 live births and under-5 mortality ratio per 1,000 live births; ``(ii) number of maternal, newborn, and child deaths averted; ``(iii) percentage of births attended by skilled health personnel; ``(iv) an analysis of gaps in the health workforce required to end preventable child and maternal deaths, including an analysis of health workforce density (number of certified health workers, including community-based health workers, per population); ``(v) a description of the measured or estimated impact on maternal, newborn, and child survival of each ongoing program or project; ``(vi) progress towards achieving the goal to save 15,000,000 children's lives and 600,000 women's lives by 2020, and any subsequent goals established under the strategy required under subsection (d); and ``(vii) any other targets identified by the Coordinator as essential to meeting the goals of the strategy for ending preventable child and maternal deaths. ``(B) Assessments of progress made toward achieving the targets set forth under subparagraph (A). ``(C) A description of how the interventions or programs are designed to-- ``(i) increase activities in target countries; ``(ii) reach underserved, marginalized, vulnerable, and impoverished populations; ``(iii) address causes of maternal, newborn, and child mortality with innovative efforts and interventions posed to go to scale; ``(iv) invest in activities that empower women, support voluntarism, and provide respectful maternity care; ``(v) improve transparency and accountability at all levels and include common metrics for tracking progress; ``(vi) ensure that high-impact, evidence- based interventions are prioritized; and ``(vii) expand access to quality services through community-based approaches and include community accountability measures. ``(D) Reporting on each aspect of the strategy established under subsection (d)(1), including-- ``(i) multi-sectoral approaches, specific strategies, and programming utilizing high- impact, evidence-based interventions to address the leading causes of preventable child and maternal deaths; ``(ii) activities to develop and scale up new technologies and approaches, including those identified by public-private partnerships, for research and innovation; ``(iii) coordination with United States agencies, foreign governments, nongovernmental organizations, and international organizations; ``(iv) methods used to leverage new financial and other public and private resources in innovative ways; and ``(v) best practices identified by the executive branch. ``(E) Reporting on grants, contracts, and cooperative agreements awarded, including-- ``(i) a comprehensive list of USAID grants, contracts, and cooperative agreements awarded in implementation of the strategy established under subsection (d)(1); and ``(ii) a description of-- ``(I) the targets for coverage of interventions or services and the baseline against which they are measured and the status of progress in meeting the targets; or ``(II) in the case of exceptional circumstances where USAID determines that inclusion of targets or baseline measurements is not reasonable or practicable, an explanation of how the impact of the grant, contract, agreement, or resulting program is being measured. ``(F) Reporting on the innovative public-private financing tools, including an analysis of the feasibility and potential effectiveness of new financing tools that could be used to fund efforts to end preventable child and maternal deaths globally. ``(h) Authorization of Appropriations.-- ``(1) Authorization.--For fiscal years 2018 through 2022, the provisions of this section shall be carried out using amounts appropriated or otherwise made available for the Department of State or the United States Agency for International Development and available for global health programs. ``(2) Application.--Funds appropriated or otherwise made available to carry out activities under this section shall be subject to all applicable restrictions under Federal law. ``(3) Expiration of funds.--Amounts appropriated or otherwise made available to carry out activities under this section shall remain available for obligation for a period of 5 years.''.", "summary": "Reach Every Mother and Child Act of 2017 This bill directs the President to: establish a five-year strategy to achieve, with target countries and donors, the goal of ending preventable child and maternal deaths globally and ensure healthy and productive lives by 2030; and provide assistance to implement the strategy. The President shall designate a current U.S. Agency for International Development (USAID) employee serving in the Senior Executive Service or at the level of a Deputy Assistant Administrator or higher to serve concurrently as the Maternal and Child Survival Coordinator, who shall be responsible for: overseeing such strategy, and all U.S. government funds appropriated or used for international maternal and child health and nutrition programs. Strategy grants, contracts, and cooperative agreements shall include targets for increased implementation of high-impact, evidence-based interventions and strengthening health systems. The President shall report to Congress annually for six years regarding progress made toward achieving the strategy and ending preventable child and maternal deaths."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Housing Enhancement Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) there exists-- (A) a unique relationship between the Federal Government and the Indian tribal governments; and (B) a unique Federal trust responsibility to Indians; (2) Indians experience some of the worst housing conditions in the country, such that-- (A) 32.6 percent of Indian homes are overcrowded; (B) 33 percent of Indian homes lack adequate solid waste management systems; (C) 8 percent of Indian homes lack a safe indoor water supply; and (D) approximately 90,000 Indian families are homeless or underhoused; (3) the poverty rate for Indians is twice that of the rest of the population of the United States; (4) the population growth of Indians that began in the latter part of the 20th century increased the need for Federal housing services; (5)(A) under the requirements of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), members of Indian tribes are given preference for housing programs; (B) a primary purpose of that Act is to allow Indian tribes to leverage funds with other Federal and private funds; (C) the Department of Agriculture has been a significant funding source for housing for Indian tribes; and (D) the Housing Act of 1949 (42 U.S.C. 1471 et seq.) should be amended-- (i) to allow assistance provided under that Act and assistance provided by the Secretary of Agriculture under other law to be combined to meet the severe housing needs of Indian tribes; and (ii) to allow for the preference referred to in subparagraph (A) by granting an exemption from title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) to Indian tribes that-- (I) comply with title II of Public Law 90- 284 (25 U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil Rights Act''); or (II) are acting under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131(b)); and (6) section 457 of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 12899f) should be amended to include Indian tribes, tribally designated housing entities, or other agencies that primarily serve Indians as eligible applicants for YouthBuild grants. SEC. 3. TREATMENT OF PROGRAM INCOME. Section 104(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4114(a)(2)) is amended by inserting ``restrict access to a grant or'' after ``not''. SEC. 4. CIVIL RIGHTS COMPLIANCE. Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by adding at the end the following: ``SEC. 544. INDIAN TRIBES. ``(a) In General.--Federally recognized Indian tribes (or the instrumentalities of the tribes) that exercise powers of self- government shall comply with title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil Rights Act'') when receiving assistance under this title. ``(b) Exemption.--Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply to-- ``(1) tribes covered by title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil Rights Act''); or ``(2) tribes acting under section 201(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131(b)).''. SEC. 5. ELIGIBILITY OF INDIAN TRIBES FOR YOUTHBUILD GRANTS. Section 457(2) of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 12899f(2)) is amended-- (1) in subparagraph (F), by striking ``and'' at the end; (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by inserting after subparagraph (F) the following: ``(G) an Indian tribe, tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)), or other agency primarily serving Indians; and''.", "summary": "Native American Housing Enhancement Act of 2005 - Amends the Native American Housing Assistance Act of 1996 to prohibit the Secretary of the Interior from restricting access to a Native American affordable housing grant based solely on one of four specified factors. Amends title V (Farm Housing) of the Housing Act of 1949 to state that federally recognized Indian tribes who exercise powers of self-government (or their instrumentalities) shall comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968) when receiving assistance under title V. States that title VI (Federally Assisted Programs) of the Civil Rights Act of 1964 and title VIII (Fair Housing) of the Civil Rights Act of 1968 shall not apply to tribes: (1) covered by Federal law commonly known as the Indian Civil Rights Act; or (2) tribes acting under affordable housing provisions of the Native American Housing Assistance and Self-Determination Act of 1996. Amends the Cranston-Gonzales National Affordable Housing Act to make Indian tribes, tribally designated housing entities, or other agencies primarily serving Indians eligible for Youthbuild grants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Canine Members of the Armed Forces Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each of the Armed Forces and other Government agencies, including the Secret Service, the Central Intelligence Agency, and the Transportation Security Administration, use military working dogs (MWDs) in service to the country. (2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. (3) Military working dogs, through their training, have prevented injuries and saved the lives of thousands of United States citizens. (4) Military working dogs perform critical and varied roles that go far beyond their current designation as ``equipment.'' SEC. 3. RETIREMENT AND ADOPTION OF MILITARY WORKING DOGS. (a) Retirement and Reclassification of Military Working Dogs.-- Section 2583 of title 10, United States Code, is amended-- (1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; and (2) by inserting after subsection (e) the following new subsections: ``(f) Classification of Military Working Dogs.--The Secretary of Defense shall classify military working dogs as canine members of the armed forces. Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. SEC. 4. VETERINARY CARE FOR RETIRED MILITARY WORKING DOGS. (a) Veterinary Care.-- (1) In general.--Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 993. Military working dogs: veterinary care for retired military working dogs ``(a) In General.--The Secretary of Defense shall establish and maintain a system to provide for the veterinary care of retired military working dogs. ``(b) Eligible Dogs.--(1) A retired military working dog eligible for veterinary care under this section is any military working dog adopted under section 2583 of this title. ``(2) The veterinary care provided a military working dog under this section shall be provided during the life of the dog beginning on the date on which the dog is adopted under such section 2583. ``(c) Administration.--(1) The Secretary shall administer the system required by this section under a contract awarded by the Secretary for that purpose. ``(2)(A) The contract under this subsection shall be awarded to a private non-profit entity selected by the Secretary from among such entities submitting an application therefor that have such experience and expertise as the Secretary considers appropriate for purposes of this subsection. ``(B) An entity seeking the award of a contract under this subsection shall submit to the Secretary an application therefor in such form, and containing such information, as the Secretary shall require. ``(3) The term of any contract under this subsection shall be such duration as the Secretary shall specify. ``(d) Standards of Care.--(1) The veterinary care provided under the system required by this section shall meet such standards as the Secretary shall establish and from time to time update. ``(2) The standards required by this subsection shall include the following: ``(A) Provisions regarding the types of care to be provided to retired military working dogs. ``(B) Provisions regarding the entities (including private veterinarians and entities) qualified to provide the care. ``(C) Provisions regarding the facilities, including military installations, government facilities, and private facilities, in which the care may be provided. ``(D) A requirement that complete histories be maintained on the health and use in research of retired military working dogs. ``(E) Such other matters as the Secretary considers appropriate. ``(3) The Secretary shall consult with the board of directors of the non-profit private entity awarded the contract under subsection (c) in establishing and updating standards of care under this subsection. ``(e) Coverage of Costs.--(1) Except as provided in paragraph (2), any costs of operation and administration of the system required by this section, and of any veterinary care provided under the system, shall be covered by such combination of the following as the Secretary and the non-profit entity awarded the contract under subsection (c) jointly consider appropriate: ``(A) Contributions from the non-profit entity. ``(B) Payments for such care by owners or guardians of the retired military working dogs receiving such care. ``(C) Other appropriate non-Federal sources of funds. ``(2) Funds provided by the Federal Government-- ``(A) may not be used-- ``(i) to provide veterinary care under the system required by this section; or ``(ii) to pay for the normal operation of the non- profit entity awarded the contract under subsection (c); and ``(B) may be used to carry out the duties of the Secretary under subsections (a), (c), (d), and (f). ``(f) Regulations.--The Secretary shall prescribe regulations for the discharge of the requirements and authorities in this section, including regulations on the standards of care required by subsection (d).''. (2) Clerical amendment.--The table of sections at the beginning of chapter 50 of such title is amended by adding at the end the following new item: ``993. Military working dogs: veterinary care for retired military working dogs.''. (b) Regulations.--The Secretary of Defense shall prescribe the regulations required by subsection (f) of section 993 of title 10, United States Code (as added by subsection (a) of this section), not later than 180 days after the date of the enactment of this Act. SEC. 5. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. Section 1125 of title 10, United States Code, is amended-- (1) by inserting ``(a) General Authority.--'' before ``The Secretary of Defense''; and (2) by adding at the end the following new subsection: ``(b) Recognition of Service of Military Working Dogs.--The Secretary of Defense shall create a decoration or other appropriate recognition to recognize military working dogs under the jurisdiction of the Secretary that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.''.", "summary": "Canine Members of the Armed Forces Act - Directs the Secretary of Defense (DOD) to classify military working dogs as canine members of the Armed Forces. Requires that such dogs no longer be classified as equipment. Provides that if a dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the dog may transferred to the 341st Training Squadron or to another location for adoption. Authorizes the acceptance of the donation of frequent traveler miles to facilitate the adoption of a dog. Directs the Secretary to establish and maintain a system to provide for the lifetime veterinary care of retired, adopted dogs. Requires the Secretary to administer the system under a contract awarded by the Secretary to a private non-profit entity. Requires such care to meet standards that the Secretary shall establish and periodically update. Requires any costs of the operation and administration of the system and of any veterinary care provided under the system to be covered by such combination of the following as the Secretary and the non-profit entity jointly consider appropriate: (1) contributions from the non-profit entity, (2) payments for such care by owners or guardians of such dogs, and (3) other appropriate non-federal sources of funds. Prohibits the use of federal funds to provide care or operate the system, except for funds used to establish or administer the system, establish standards of care, or prescribe related regulations. Directs the Secretary to create a decoration or other appropriate recognition to recognize dogs that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nellis Dunes National Off-Highway Vehicle Recreation Area Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of North Las Vegas, Nevada. (2) County.--The term ``County'' means Clark County, Nevada. (3) Economic support area.--The term ``Economic Support Area'' means the land identified on the map as the ``Economic Support Area''. (4) Federal land.--The term ``Federal land'' means the approximately 1,211 acres of Federal land in the County, as depicted on the map. (5) Map.--The term ``map'' means the map entitled ``Clark County Off Highway Vehicle Recreation Park'' and dated July 28, 2011. (6) Net proceeds.--The term ``net proceeds'' means the amount that is equal to the difference between-- (A) the amount of gross revenues received by the County from the development of the Economic Support Area; and (B) the total amount expended by the County for capital improvements to each of the Economic Support Area and the Recreation Area. (7) Recreation area.--The term ``Recreation Area'' means the Nellis Dunes National Off-Highway Vehicle Recreation Area designated by section 4(a). (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) State.--The term ``State'' means the State of Nevada. SEC. 3. CONVEYANCE OF FEDERAL LAND TO CLARK COUNTY, NEVADA. (a) Conveyance.--As soon as practicable after the date of enactment of this Act, the Secretary shall convey to the County, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the parcels of Federal land. (b) Use of Federal Land.-- (1) In general.--The parcels of Federal land conveyed under subsection (a)-- (A) shall be used by the County-- (i) to provide a suitable location for the establishment of a centralized off-road vehicle recreation park in the County; (ii) to provide the public with opportunities for off-road vehicle recreation, including a location for races, competitive events, training and other commercial services that directly support a centralized off-road vehicle recreation area and County park; and (iii) to provide a designated area and facilities that would discourage unauthorized use of off-highway vehicles in areas that have been identified by the Federal Government, State government, or County government as containing environmentally sensitive land; and (B) shall not be disposed of by the County. (2) Reversion.--If the County ceases to use any parcel of the Federal land for the purposes described in paragraph (1)(A) or paragraph (3)-- (A) title to the parcel shall revert to the United States, at the option of the United States; and (B) the County shall be responsible for any reclamation necessary to revert the parcel to the United States. (3) Renewable and solar energy.--The Federal land conveyed to the County under subsection (a) and the land conveyed to the County under section 1(c) of Public Law 107-350 (116 Stat. 2975) may be used for the incidental purpose of generating renewable energy and solar energy for use by the Clark County Off Highway Vehicle Recreation Park, the shooting park authorized under Public Law 107-350 (116 Stat. 2975), and the County. (4) Consultation with the secretary of the air force.-- (A) Restriction.--Any project authorized under paragraph (3) shall not interfere with the national security mission of Nellis Air Force Base (or any military operation). (B) Condition.--Before the construction of any proposed project under paragraph (3), the project proponent shall consult with the Secretary of Defense (or a designee). (c) Economic Support Area.-- (1) Designation.--There is designated the Economic Support Area. (2) Interlocal agreement.-- (A) In general.--Before the Economic Support Area may be developed, the City and County shall enter into an interlocal agreement regarding the development of the Economic Support Area. (B) City of north las vegas.--As a precondition of the development of the Economic Support Area, the County shall use the best efforts of the County to cooperate with the City to ensure compatible development of the Economic Support Area. (C) Limitation of agreement.--In no case shall the interlocal agreement under this paragraph compromise or interfere with the aviation rights provided under subsection (f) and section 4(d). (D) Future conveyances.--Any future conveyance of Federal land for addition to the Clark County Off Highway Vehicle Park or the Recreation Area shall be subject to-- (i) the binding interlocal agreement under this paragraph; and (ii) the aviation easement requirements under subsection (f). (E) Management plan.--The Secretary, in consultation with the Secretary of the Air Force and the County, may develop a special management plan for the Federal land-- (i) to enhance public safety and safe off- highway recreation use; and (ii) to ensure compatible development with the mission requirements of the Nellis Air Force Base. (3) Use of net proceeds.--Of the net proceeds from the development of the Economic Support Area, the County shall-- (A) deposit 50 percent in a special account in the Treasury, to be used by the Secretary to develop, maintain, and operate the Recreation Area; and (B) retain 50 percent, to be used by the County for capital improvements and maintaining and operating the park established under subsection (b)(1). (d) Agreement With Nellis Air Force Base.-- (1) In general.--Before the Federal land may be conveyed to the County under subsection (a), the Clark County Board of Commissioners, the Bureau of Land Management, and Nellis Air Force Base shall enter into an interlocal agreement for the Federal land and the Recreation Area-- (A) to enhance safe off-highway recreation use; and (B) to ensure that development of the Federal land is consistent with the long-term mission requirements of Nellis Air Force Base. (2) Limitation.--The use of the Federal land conveyed under subsection (a) shall not compromise the national security mission or aviation rights of Nellis Air Force Base. (e) Additional Terms and Conditions.--With respect to the conveyance of Federal land under subsection (a), the Secretary may require such additional terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States. (f) Aviation Easement.-- (1) In general.--Each deed entered into for the conveyance of the Federal land shall contain a perpetual aviation easement reserving to the United States all rights necessary to preserve free and unobstructed overflight in and through the airspace above, over, and across the surface of the Federal land for the passage of aircraft owned or operated by any Federal agency or other Federal entity. (2) Requirements.--Each easement described in paragraph (1) shall include such terms and conditions as the Secretary of the Air Force determines to be necessary to comply with paragraph (1). SEC. 4. DESIGNATION OF THE NELLIS DUNES NATIONAL OFF-HIGHWAY VEHICLE RECREATION AREA. (a) In General.--The area known as ``Nellis Dunes'' in the Bureau of Land Management Resource Management Plan shall be known and designated as the ``Nellis Dunes National Off-Highway Vehicle Recreation Area''. (b) Management Plan.--The Director of the Bureau of Land Management may develop a special management plan for the Recreation Area to enhance the safe use of off-highway vehicles for recreational purposes. (c) Exclusion From National Landscape Conservation System.--The Recreation Area shall not be considered to be a unit of the National Landscape Conservation System. (d) Aviation Rights.--The aviation rights described in section 3(f) shall apply to the Recreation Area. SEC. 5. WITHDRAWAL AND RESERVATION OF LAND FOR NELLIS AIR FORCE BASE. (a) Withdrawal.--Subject to valid existing rights and except as otherwise provided in this section-- (1) the Federal land and interests in Federal land identified on the map as land to be withdrawn for Nellis Air Force Base are withdrawn from all forms of appropriation under the general land laws, including the mining, mineral leasing, and geothermal leasing laws; and (2) jurisdiction over the land and interest in lands withdrawn and reserved by this section is transferred to the Secretary of the Air Force. (b) Reservation.--The land withdrawn under subsection (a) is reserved for use by the Secretary of the Air Force for-- (1) the enlargement and protection of Nellis Air Force Base; or (2) other defense-related purposes consistent with the purposes of this section. (c) Changes in Use.--The Secretary of the Air Force shall consult with the Secretary before using the land withdrawn and reserved by this section for any purpose other than the purposes described in section 3(b). (d) Easement.--The United States reserves-- (1) a right of flight for the passage of aircraft in the airspace above the surface of the Federal land conveyed to the County; and (2) the right to cause in the airspace any noise, vibration, smoke, or other effects that may be inherent in the operation of aircraft landing at, or taking off from, Nellis Air Force Base.", "summary": "Nellis Dunes National Off-Hughway Vehicle Recreation Area Act of 2011 - Directs the Secretary of the Interior to convey specified federal land to Clark County, Nevada, for use for: (1) a centralized off-road vehicle recreation park, and (2) a designated area and facilities to discourage unauthorized use of off-highway vehicles in environmentally sensitive areas. Allows the use of federal land conveyed to Clark County for the incidental purpose of generating renewable energy and solar energy for the Clark County Off Highway Vehicle Recreation Park, a certain shooting park, and the County. Designates: (1) the Economic Support Area (ESA), and (2) the Nellis Dunes as the Nellis Dunes National Off-Highway Vehicle Recreation Area. Requires proceeds from the ESA to be used to develop and operate the Recreation Area and the park. Requires the Clark County Board of Commissioners, the Bureau of Land Management (BLM), and Nellis Air Force Base to enter into an interlocal agreement for the federal land and the Recreation Area to: (1) enhance safe off-highway recreation use, and (2) ensure that development of the federal land is consistent with the long-term mission requirements of Nellis Air Force Base."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Disability Claims Efficiency Act of 2010''. SEC. 2. IMPROVEMENT OF DISABILITY CLAIMS PROCESSING. (a) Establishment of Fast Track Interim Disability Ratings.-- Section 1157 of title 38, United States Code, is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(a) In General.--The Secretary''; and (2) by adding at the end the following new subsection: ``(b) Fast Track Interim Disability Ratings.--(1) In the case of a veteran who submits to the Secretary a claim for compensation under this chapter for more than one condition and the Secretary determines that a disability rating can be assigned without further development for one or more conditions but not all conditions in the claim, the Secretary shall-- ``(A) expeditiously review the claim in accordance with section 5103B of this title; ``(B) assign an interim disability rating for each condition that the Secretary determines could be assigned without further development (except as provided in paragraph (3)(A)); and ``(C) continue development of the remaining conditions. ``(2) If the Secretary is able to assign a disability rating for a condition described in paragraph (1)(C) with respect to a claim, the Secretary shall assign such rating and combine such rating with each interim rating previously assigned under paragraph (1)(B) with respect to that claim. ``(3)(A) With respect to an interim disability rating assigned under paragraph (1)(B) for a condition that is rated less than the maximum rate, the Secretary shall continue development of such condition. ``(B) Except as provided in subparagraph (C), an interim disability rating assigned under paragraph (1)(B) for a condition shall remain in effect unless the Secretary later assigns an increased rating for such condition. ``(C) Under regulations prescribed by the Secretary, subparagraph (B) shall not apply to an interim disability rating assigned under paragraph (1)(B) for a condition if-- ``(i) such rating was based on fraud; or ``(ii) such condition improves.''. (b) Establishment of Fast Track Claim Review Process.-- (1) In general.--Subchapter I of chapter 51 of title 38, United States Code, is amended by inserting after section 5103A the following new section: ``Sec. 5103B. Expedited review of initial claims for disability compensation ``(a) Process Required.--The Secretary shall establish a process for the rapid identification of initial claims for disability compensation that should, in the adjudication of such claims, receive priority in the order of review. ``(b) Review of Initial Claims.--As part of the process required by subsection (a), the Secretary shall carry out a preliminary review of all initial claims for disability compensation submitted to the Secretary in order to identify whether-- ``(1) the claims have the potential of being adjudicated quickly, including claims where an interim disability rating could be assigned under section 1157(b)(1)(B) of this title; ``(2) the claims qualify for priority treatment under paragraph (2) of subsection (c); and ``(3) a temporary disability rating could be assigned with respect to the claims under section 1156 of this title. ``(c) Priority in Adjudication of Initial Claims.--(1) As part of the process required by subsection (a) and except as provided in paragraph (2), the Secretary shall, in the adjudication of initial claims for disability compensation submitted to the Secretary, give priority in the order of review of such claims to claims identified under subsection (b)(1) as having the potential of being adjudicated quickly. ``(2) Under regulations prescribed for such purpose, the Secretary may provide priority in the order of review of initial claims for disability compensation based on the effect such priority would have on a claimant.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 51 of such title is amended by inserting after the item relating to section 5103A, the following new item: ``5103B. Expedited review of initial claims for disability compensation''. (c) Reports.-- (1) First interim report.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report on-- (A) the implementation of sections 1157(b) and 5103B of title 38, United States Code, as added by this section; (B) the workflow of the employees of the Department of Veterans Affairs who review and process claims for disability compensation, including an analysis of-- (i) the efficiency of such employees; and (ii) whether such claims are directed to such employees based on the complexity of the claim in relation to the experience and skill of the employee; and (C) pilot programs carried out by the Secretary relating to the review and process of claims for disability compensation, including-- (i) the status of such pilot programs; (ii) an evaluation of any best practices learned from such pilot programs; and (iii) whether such practices should be expanded. (2) Second interim report.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an update to the report submitted under paragraph (1). (3) Final report.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an update to the report submitted under paragraph (2). (4) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to claims for disability compensation filed on or after the date that is two years after the date of the enactment of this Act.", "summary": "Veterans' Disability Claims Efficiency Act of 2010 - Allows the Secretary of Veterans Affairs (VA), in the case of a disability claim with multiple conditions, to assign an interim disability rating for the condition(s) that can be assigned without further development and to continue development of the remaining condition(s). Requires an interim disability rating to remain in effect unless the Secretary later assigns an increased rating for such condition. Prohibits the continuation of such rating if the rating was based on fraud or the condition improves. Directs the Secretary to establish a process for the rapid identification of initial claims for disability compensation that should, in adjudication, receive priority in the order of review. Requires the Secretary to identify whether claims have the potential of being adjudicated quickly, the claims qualify for priority treatment, and a temporary disability rating could be assigned for such claims. Authorizes the Secretary to provide priority based on the effect such priority would have on a claimant."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Schools Act of 1994''. SEC. 2. SAFE SCHOOLS PROGRAM AUTHORIZED. (a) In General.--With funds appropriated under subsection (b)(1), the Secretary of Education shall make competitive grants to eligible local educational agencies to carry out projects designed to achieve Goal Six of the National Education Goals, which provides that by the year 2000, every school in America will be free of drugs and violence and will offer a disciplined environment conducive to learning, by helping to ensure that all schools are safe and free of violence. (b) Model Project.--The Secretary of Education, shall develop a written safe schools model so all schools can develop models that enable all students to participate regardless of any language barriers. (c) Authorization of Appropriations and Reservation.-- (1) Authorization.--There are authorized to be appropriated to carry out this Act $50,000,000 for fiscal year 1994. (2) Reservation.--From the sums appropriated to carry out this Act for any fiscal year, the Secretary may reserve not more than 5 percent to carry out national leadership activities under section 6. SEC. 3. ELIGIBLE APPLICANTS. To be eligible to receive a grant under this Act, a local educational agency shall demonstrate in its application under section 4(a) that it-- (1) serves an area in which there is a high rate of-- (A) homicides committed by persons between the ages 5 to 18, inclusive; (B) referrals of youth to juvenile court; (C) youth under the supervision of the courts; (D) expulsions and suspensions of students from school; (E) referrals of youth, for disciplinary reasons, to alternative schools; or (F) victimization of youth by violence, crime, or other forms of abuse; and (2) has serious school crime, violence, and discipline problems, as indicated by other appropriate data. SEC. 4. APPLICATIONS AND PLANS. (a) In General.--In order to receive a grant under this Act, an eligible local educational agency shall submit to the Secretary an application that includes-- (1) an assessment of the current violence and crime problems in the schools to be served by the grant and in the community to be served by the applicant; (2) an assurance that the applicant has written policies regarding school safety, student discipline, and the appropriate handling of violent or disruptive acts; (3) a description of the schools and communities to be served by the grant, the activities and projects to be carried out with grant funds, and how these activities and projects will help to reduce the current violence and crime problems in the schools and communities served; (4) a description of educational materials to be developed in the second most predominate language of the schools and communities to be served by the grant, if applicable; (5) if the local educational agency receives Federal education funds, an explanation of how activities assisted under this Act will be coordinated with and support any systemic education improvement plan prepared with such funds; (6) the applicant's plan to establish school-level advisory committees, which include faculty, parents, staff, and students, for each school to be served by the grant and a description of how each committee will assist in assessing that school's violence and discipline problems as well as in designing appropriate programs, policies, and practices to combat those problems; (7) the applicant's plan for collecting baseline and future data, by individual schools, to monitor violence and discipline problems and to measure its progress in achieving the purpose of this Act; (8) a description of how, in subsequent fiscal years, the grantee will integrate the violence prevention activities it carries out with funds under this Act with activities carried out under its comprehensive plan for drug and violence prevention adopted under the Safe and Drug-Free Schools and Communities Act of 1986; (9) a description of how the grantee will coordinate its school crime and violence prevention efforts with education, law enforcement, judicial, health, social service, programs supported under the Juvenile Justice and Delinquency Prevention Act of 1974, and other appropriate agencies and organizations serving the community; (10) a description of how the grantee will inform parents about the extent of crime and violence in their children's schools and maximize the participation of parents in its violence prevention activities; (11) an assurance that grant funds under this Act will be used to supplement and not supplant State and local funds that would, in the absence of funds under this Act, be made available by the applicant for the purposes of the grant; (12) an assurance that the applicant will cooperate with, and provide assistance to, the Secretary in gathering statistics and other data the Secretary determines are necessary to determine the effectiveness of projects and activities under this Act or the extent of school violence and discipline problems throughout the Nation; and (13) such other information as the Secretary may require. (b) Priorities.--In awarding grants under this Act, the Secretary shall take into account the special needs of local educational agencies located in both rural and urban communities. SEC. 5. GRANTS AND USE OF FUNDS. (a) Duration and Amount of Grants.--Grants under this Act may not exceed-- (1) 1 year in duration; and (2) $3,000,000. (b) Use of Funds.-- (1) Activities.--A local educational agency may use funds awarded under section 2(a) for 1 or more of the following activities: (A) Identifying and assessing school violence and discipline problems, including coordinating needs assessment activities with education, law-enforcement, judicial, health, social service, juvenile justice programs, gang prevention activities, and other appropriate agencies and organizations. (B) Conducting school safety reviews or violence prevention reviews of programs, policies, practices, and facilities to determine what changes are needed to reduce or prevent violence and promote safety and discipline. (C) Planning for comprehensive, long-term strategies for combating and preventing school violence and discipline problems through the involvement and coordination of school programs with other education, law-enforcement, judicial, health, social service, and other appropriate agencies and organizations. (D) Activities which involve parents in efforts to promote school safety and prevent school violence. (E) Community education programs involving parents, businesses, local government, the medical, and other appropriate entities about the local educational agency's plan to promote school safety and reduce and prevent school violence and discipline problems and the need for community support. (F) Coordination of school-based activities designed to promote school safety and reduce or prevent school violence and discipline problems with related efforts of education, law-enforcement, judicial, health, social service, juvenile justice programs, and other appropriate agencies and organizations. (G) Developing and implementing violence prevention activities and materials, including-- (i) conflict resolution and social skills development for students, teachers, aides, other school personnel, and parents; (ii) disciplinary alternatives to expulsion and suspension of students who exhibit violent or anti-social behavior; (iii) student-led activities such as peer mediation, peer counseling, and student courts; or (iv) alternative after-school programs that provide safe havens for students, which may include cultural, recreational, educational and instructional activities, and mentoring and community service programs. (H) Educating students and parents about the dangers of guns and other weapons and the consequences of their use. (I) Developing and implementing innovative curricula to prevent violence in schools and training staff how to stop disruptive or violent behavior if it occurs. (J) Supporting ``safe zones of passage'' for students between home and school through such measures as Drug- and Weapon-Free School Zones, enhanced law enforcement, and neighborhood patrols. (K) Counseling programs for victims and witnesses of school violence and crime. (L) Evaluating its project under this Act. (M) The cost of administering the project of the local educational agency under this Act. (N) Other activities that meet the purposes of this Act. (2) Other limitations.--A local educational agency may use not more than 5 percent of its grant for activities described in paragraph (1)(M). (3) Construction.--A local educational agency may not use funds under this Act for construction. SEC. 6. NATIONAL LEADERSHIP. To carry out the purpose of this Act, the Secretary may use funds reserved under section 2(b)(2) to conduct national leadership activities such as research, program development and evaluation, data collection, public awareness activities, training and technical assistance, to provide grants to noncommercial telecommunications entities for the production and distribution of national video-based projects that provide young people with models for conflict resolution and responsible decisionmaking, and to conduct peer review of applications under this Act. The Secretary may carry out such activities directly, through interagency agreements, or through grants, contracts, or cooperative agreements. SEC. 7. REPORTS. (a) Report to Secretary.--Local educational agencies that receive funds under this part shall submit to the Secretary a report not later than March 1, 1995, that describes progress achieved in carrying out the plan required under section 4. (b) Report to Congress.--The Secretary shall submit to the Committee on Education and Labor of the House of Representatives a report not later than October 1, 1995, which contains a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants under section 4, and an evaluation of programs established under this part. SEC. 8. DEFINITIONS. For purposes of this Act: (1) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. Passed the House of Representatives February 22, 1994. Attest: DONNALD K. ANDERSON, Clerk.", "summary": "Safe Schools Act of 1994 - Directs the Secretary of Education to make competitive grants to eligible local educational agencies for projects to achieve National Education Goal Six by helping to ensure that all schools are safe and free of violence. Directs the Secretary to develop a written safe schools model. Authorizes appropriations. Authorizes the Secretary to use certain reserved funds to conduct national leadership activities such as research, program development and evaluation, data collection, public awareness activities, training and technical assistance, peer review of applications, and grants for public television video projects for conflict resolution."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Elections Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Voting participation in the United States is lower than in any other advanced industrialized democracy. (2) The rights of eligible citizens to seek election to office, vote for candidates of their choice and associate for the purpose of taking part in elections, including the right to create and develop new political parties, are fundamental in a democracy. The rights of citizens to participate in the election process, provided in and derived from the first and fourteenth amendments to the Constitution, having consistently been promoted and protected by the Federal Government. These rights include the right to cast an effective vote and the right to associate for the advancement of political beliefs, which includes the ``constitutional right . . . to create and develop new political parties.'' Norman v. Reed, 502 U.S.______, 112 S.Ct. 699 (1992). It is the duty of the Federal Government to see that these rights are not impaired in elections for Federal office. (3) Certain restrictions on access to the ballot impair the ability of citizens to exercise these rights and have a direct and damaging effect on citizens' participation in the electoral process. (4) Many States unduly restrict access to the ballot by nonmajor party candidates and nonmajor political parties by means of such devices as excessive petition signature requirements, insufficient petitioning periods, unconstitutionally early petition filing deadlines, petition signature distribution criteria, discriminatory petition signature fees, and limitations on eligibility to circulate and sign petitions. (5) Many States require political parties to poll an unduly high number of votes or to register an unduly high number of voters as a precondition for remaining on the ballot. (6) In 1983, the Supreme Court ruled unconstitutional an Ohio law requiring a nonmajor party candidate for President to qualify for the general election ballot earlier than major party candidates. This Supreme Court decision, Anderson v. Celebrezze, 460 U.S. 780 (1983) has been followed by many lower courts in challenges by nonmajor parties and candidates to early petition filing deadlines. See, e.g., Stoddard v. Quinn, 593 F. Supp. 300 (D.Me. 1984); Cripps v. Seneca County Board of Elections, 629 F. Supp. 1335 (N.D.Oh. 1985); Libertarian Party of Nevada v. Swackhamer, 638 F. Supp. 565 (D. Nev. 1986); Cromer v. State of South Carolina, 917 F.2d 819 (4th Cir. 1990); New Alliance Party of Alabama v. Hand, 933 F. 2d 1568 (11th Cir. 1991). (7) In 1992, 26 States still required nonmajor party candidates for President to qualify for the ballot before the second major party national convention (California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Maine, Maryland, Michigan, Missouri, Montana, North Carolina, Nevada, New Hampshire, New Jersey, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Washington, West Virginia). Nine of these States required nonmajor party candidates to qualify before the first major party national convention (Florida, Georgia, Indiana, Maine, Michigan, Nevada, North Carolina, Oklahoma, Texas). (8) In 1992, nonmajor party candidates for President had to obtain 806,401 petition signatures to be listed on the ballots of all 50 States and the District of Columbia--32 times more signatures than the 25,500 required of Democratic Party candidates and 15 times more signatures than the 54,250 required of Republican Party candidates. To be listed on the ballot in all 50 States and the District of Columbia with a party label, nonmajor party candidates for President had to obtain approximately 649,092 petition signatures and 79,136 registrants. In 1992, 32 of the 41 States that held Presidential primaries required no signatures of major party candidates for President (Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin). Only two States required no signatures of nonmajor party candidates for President (Arkansas and Louisiana; Louisiana, however, requires a $500 filing fee). (9) The number of petition signatures required by the States to list a major party candidate for Senate on the ballot in 1992 ranged from zero to 15,111. The number of petition signatures required to list a nonmajor party candidate for Senate ranged from zero to 180,935. Thirty-one States required no signatures of major party candidates for Senate (Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, Oregon, South Carolina, Texas, Utah, Washington, West Virginia, Wyoming). Only one State required no signatures of nonmajor party candidates for Senate, provided they were willing to be listed on the ballot without a party label (Louisiana, although a $600 filing fee is required, and to run with a party label, a candidate must register 106,146 voters into his or her party). (10) The number of petition signatures required by the States to list a major party candidate for Congress on the ballot in 1992 ranged from zero to 2,000. The number of petition signatures required to list a nonmajor party candidate for Congress ranged from zero to 12,252. Thirty-one States required no signatures of major party candidates for Congress (Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, Oregon, South Carolina, Texas, Utah, Washington, West Virginia, Wyoming). Only one State required no signatures of nonmajor party candidates for Congress, provided they were willing to be listed on the ballot without a party label (Louisiana, although a $600 filing fee is required). (11) Eight States required additional signatures to list a nonmajor party candidate for President on the ballot with a party label (Alabama, Arizona, Idaho, Kansas, Nebraska, North Dakota, Ohio, Tennessee). Thirteen States required additional signatures to list a nonmajor party candidate for Senate or Congress on the ballot with a party label (Alabama, Arizona, Arkansas, California, Idaho, Hawaii, Kansas, Louisiana, North Dakota, Nebraska, Ohio, Oregon, Tennessee). Two of these States (Ohio and Tennessee, respectively) required 5,000 signatures and 25 signatures, respectively, to list a nonmajor party candidate for President or Senate on the ballot in 1992, but required 34,777 signatures and 19,759 signatures, respectively, to list the candidate on the ballot with her or his party label. One State (California) required a nonmajor party to have 78,992 registrants in order to have its candidate for President listed on the ballot with a party label. (12) In 1992 one State (Arizona) required nonmajor party candidates for President or Senate to obtain 10,555 signatures in 10 days, but allowed major party candidates for Senate 45 days to obtain approximately half that number of signatures, and required no signatures of major party candidates for President. Another State (California) required nonmajor party candidates for President or Senate to obtain 134,781 signatures in 105 days, but required major party candidates for Senate to obtain only 65 signatures in 105 days, and required no signatures of major party candidates for President. Another State (Texas) required nonmajor party candidates for President or Senate to obtain 38,900 signatures in 75 days, and required no signatures of major party candidates for President or Senate. (13) Two States required all nonmajor party candidates to pay fees of ten and five cents per petition signature, while requiring no fees or signatures of major party candidates (Florida and North Carolina, respectively). (14) Seven States require nonmajor party candidates for President or Senate to collect a certain number or percentage of their petition signatures in each congressional district or in a specified number of congressional districts (Michigan, Missouri, Nebraska, New Hampshire, New York, North Carolina, Virginia). Only three of these States impose a like requirement on major party candidates for President or Senate (Michigan, New York, Virginia). (15) Twenty States restrict the circulation of petitions for nonmajor party candidates to residents of those States (California, Colorado, Connecticut, District of Columbia, Idaho, Illinois, Kansas, Michigan, Missouri, Nebraska, Nevada, New Jersey, New York, Ohio, Pennsylvania, South Dakota, Texas, Virginia, West Virginia, Wisconsin). Three States restrict the circulation of petitions for nonmajor party candidates to the county or congressional district where the circulator lives (Kansas, Nebraska, Virginia). (16) Four States prohibit people who voted in a primary election from signing petitions for nonmajor party candidates (Nebraska, New York, Texas, West Virginia). Twelve States restrict the signing of petitions to people who indicate intent to support or vote for the candidate or party (California, Delaware, Hawaii, Illinois, Indiana, Maryland, New Jersey, New York, North Carolina, Ohio, Oregon, Utah). Five of these 12 States require no petitions of major party candidates (Delaware, Maryland, North Carolina, Oregon, Utah), and only one of the six remaining States restricts the signing of petitions for major party candidates to people who indicate intent to support or vote for the candidate or party (New Jersey). (17) Restrictions on the ability of citizens to exercise the rights identified in this subsection have disproportionately impaired participation in the electoral process by various groups, including racial minorities. (18) The establishment of fair and uniform national standards for access to the ballot in elections for Federal office would remove barriers to the participation of citizens in the electoral process and thereby facilitate such participation and maximize the rights identified in this subsection. (19) The Congress has authority, under the provisions of the Constitution of the United States in sections 4 and 8 of article I, section 1 of article II, article VI, the thirteenth, fourteenth, and fifteenth amendments, and other provisions of the Constitution of the United States, to protect and promote the exercise of the rights identified in this subsection. (b) Purposes.--The purposes of this Act are-- (1) to establish fair and uniform standards regulating access to the ballot by eligible citizens who desire to seek election to Federal office and political parties, bodies, and groups which desire to take part in elections for Federal office; and (2) to maximize the participation of eligible citizens in elections for Federal office. SEC. 3. BALLOT ACCESS RIGHTS. (a) An individual shall have the right to be placed as a candidate on, or to have such individual's political party, body, or group affiliation in connection with such candidacy placed on, a ballot or similar voting materials to be used in a Federal election, if such individual presents a petition stating in substance that the signatories desire such individual's name and political party, body or group affiliation, if any, to be placed on the ballot or other similar voting materials to be used in the Federal election with respect to which such rights are to be exercised, and (1) with respect to a Federal election for the office of President, Vice President, or Senator, such petition has a number of signatures of persons qualified to vote for such office equal to one-tenth of one percent of the number of persons who voted in the most recent previous Federal election for such office in the State, or 1,000 signatures, whichever is greater; (2) with respect to a Federal election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, such petition has a number of signatures of persons qualified to vote for such office equal to one-half of one percent of the number of persons who voted in the most recent previous Federal election for such office, or, if there was no previous Federal election for such office, 1,000 signatures; (3) with respect to a Federal election the date of which was fixed 345 or more days in advance, such petition was circulated during a period beginning on the 345th day and ending on the 75th day before the date of the election; (4) with respect to a Federal election the date of which was fixed less than 345 days in advance, such petition was circulated during a period established by the State holding the election, or, if no such period was established, during a period beginning on the day after the date the election was scheduled and ending on the tenth day before the date of the election, provided, however, that the number of signatures required under paragraph (1) or (2) shall be reduced by \\1/ 270\\th for each day less than 270 in such period. (b) An individual shall have the right to be placed as a candidate on, or to have such individual's political party, body, or group affiliation in connection with such candidacy placed on, a ballot or similar voting materials to be used in a Federal election, without having to satisfy any requirement relating to a petition under subsection (a), if that or another individual, as a candidate of that political party, body, or group, received one percent of the votes cast in the most recent general Federal election for President or Senator in that State. SEC. 4. RULEMAKING. The Attorney General shall make rules to carry out this Act. SEC. 5. GENERAL DEFINITIONS. As used in this Act-- (1) the term ``Federal election'' means a general or special election for the office of-- (A) President or Vice President; (B) Senator; or (C) Representative in, or Delegate or Resident Commissioner to, the Congress; (2) the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States; and (3) the term ``individual'' means an individual who has the qualifications required by law of a person who holds the office for which such individual seeks to be a candidate.", "summary": "Fair Elections Act of 1993 - Sets forth ballot access rights for Federal elections."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Hills National Forest and Rocky Mountain Research Station Improvement Act''. SEC. 2. SALE OR EXCHANGE OF LAND, BLACK HILLS NATIONAL FOREST, SOUTH DAKOTA. (a) In General.--The Secretary of Agriculture (referred to in this section as the ``Secretary'') may, under such terms and conditions as the Secretary may prescribe, sell or exchange any right, title, and interest of the United States in and to the approximately 362 acres contained in the following parcels of land in the State of South Dakota: (1) Tract BLKH-1 ``Spearfish Dwelling'' (approximately 0.24 acres); N\\1/2\\ of Lot 8 and Lot 9 of Block 16, Section 10, T6N, R2E, Black Hills Meridian. (2) Tract BLKH-2 ``Deadwood Garage'' (approximately 0.12 acres); Lots 9 and 11 of Block 34, Section 23, T5N, R3E, Black Hills Meridian. (3) Tract BLKH-3 ``Deadwood Dwellings'' (approximately 0.32 acres); Lots 12-16, inclusive, of Block 44, Section 23, T5N, R3E, Black Hill Meridian. (4) Tract BLKH-4 ``Hardy Work Center'' (approximately 150 acres); E\\1/2\\SW\\1/4\\SE\\1/4\\, SE\\1/4\\SE\\1/4\\, Section 19; NE\\1/ 4\\NW\\1/4\\NE\\1/4\\, E\\1/2\\NE\\1/4\\SE\\1/4\\, E\\1/2\\SE\\1/4\\NE\\1/4\\, NE\\1/ 4\\NE\\1/4\\, Section 30, T3N, R1E, Black Hills Meridian. (5) Tract BLKH-6 ``Pactola Work Center'' (approximately 100 acres); W\\1/2\\SW\\1/4\\NW\\1/4\\, W\\1/2\\NW\\1/4\\SW\\1/4\\, W\\1/2\\SW\\1/ 4\\SW\\1/4\\, SE\\1/4\\SW\\1/4\\SW\\1/4\\, Section 25; E\\1/2\\NE\\1/4\\SE\\1/4\\, SE\\1/4\\SE\\1/4\\NE\\1/4\\, Section 26, T2N, R5E, Black Hills Meridian. (6) Tract BLKH-7 ``Pactola Ranger District Office'' (approximately 8.25 acres); Lot 1 of Ranger Station Subdivision, Section 4, T1N, R7E, Black Hills Meridian. (7) Tract BLKH-8 ``Reder Administrative Site'' (approximately 82 acres); Lots 6 and 7, Section 29; Lot A of Reder Placer, Lot 19, NW\\1/4\\SE\\1/4\\NE\\1/4\\, Section 30, T1S, R5E, Black Hills Meridian. (8) Tract BLKH-9 ``Allen Gulch Properties'' (approximately 21 acres); Lot 14 less and except Tract STA #0029, Section 25, and Lot 1, Section 36, T1S, R4E, Black Hills Meridian. (9) Tract BLKH-10 ``Custer Ranger District Office'' (approximately 0.39 acres); Lots 4 and 9 of Block 125 and the East 15 feet of the vacated north/south alley adjacent to Lot 4, City of Custer, Section 26, T3S, R4E, Black Hills Meridian. (b) Technical Corrections.--The Secretary may make technical corrections to the legal descriptions in paragraphs (1) through (9) of subsection (a). (c) Applicable Authorities.--Except as otherwise provided in this section, any sale or exchange of land described in subsection (a) shall be subject to laws (including regulations) applicable to the conveyance and acquisition of land for National Forest System purposes. (d) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept cash equalization payments in excess of 25 percent of the total value of the land described in subsection (a) from any exchange under subsection (a). (e) Solicitations of Offers.-- (1) In general.--In carrying out this section, the Secretary may use solicitations of offers for sale or exchange under this section on such terms and conditions as the Secretary may prescribe. (2) Rejection of offers.--The Secretary may reject any offer under this section if the Secretary determines that the offer is not adequate or not in the public interest. (f) Disposition of Funds.--Any funds received by the Secretary from a sale under this section or as cash equalization payments from an exchange under this section-- (1) shall be deposited into the fund established by Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and (2) shall be available for expenditure, on appropriation, for-- (A) the acquisition from willing sellers of land and interests in land in the State of South Dakota; and (B) the acquisition or construction of administrative improvements in connection with the Black Hills National Forest. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 3. REPLACEMENT LABORATORY, ROCKY MOUNTAIN RESEARCH STATION, RAPID CITY, SOUTH DAKOTA. (a) In General.--There are authorized to be appropriated to the Secretary of Agriculture $2,100,000 for a laboratory facility for the Rocky Mountain Research Station in Rapid City, South Dakota, to replace the obsolete laboratory capability at the research station. The replacement facility shall be colocated with at least one of the administrative improvements for the Black Hills National Forest acquired or constructed under the authority of section 2(f)(2)(B). (b) Conditions on Acquisition of Property.--No funds available to carry out this section may be used to purchase or otherwise acquire property unless-- (1) the acquisition is from willing sellers; and (2) the property is located within the boundaries of the State of South Dakota. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Authorizes appropriations for construction of a replacement laboratory for the Rocky Mountain Research Station at Rapid City, South Dakota, to be colocated with at least one of the Forest administrative improvements. Requires any acquired property to be: (1) in South Dakota; and (2) from a willing seller."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Conservation Corps Authorization Act''. SEC. 2. DEFINITIONS. In this Act: (1) Corps.--The term ``corps'' means the veterans conservation corps established under section 3(a). (2) Eligible veteran.--The term ``eligible veteran'' means a veteran (as the term is defined in section 101 of title 38, United States Code) that, as of the date on which the application for the corps is submitted-- (A) is unemployed; (B) is not enrolled in any other Federal training program; and (C) meets any other criteria that the Secretary determines to be appropriate. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. VETERANS CONSERVATION CORPS. (a) Establishment.--The Secretary, in cooperation with the Secretary of Veterans Affairs and the Secretary of Commerce, shall establish a veterans conservation corps-- (1) to provide training and employment to eligible veterans; (2) to assist eligible veterans in the transition from service in the Armed Forces to civilian life; and (3) to assist the Federal Government in maintaining Federal land and water. (b) Employment of Eligible Veterans.-- (1) Long-term employment.-- (A) Initial period.--The Secretary shall employ in the corps eligible veterans for a 1-year period to carry out work projects assigned under subsection (c). (B) Extension of employment.--The Secretary may, on a case-by-case basis and as the Secretary considers appropriate, extend the employment of an eligible veteran under subparagraph (A) for an additional 1-year period. (2) Temporary employment for student veterans.-- (A) In general.--The Secretary may establish a program in the corps for the short-term employment of eligible veterans that are attending institutions of higher education. (B) Terms.--The employment of an eligible veteran under subparagraph (A) shall not exceed 16 weeks in total. (3) Compensation.--An eligible veteran employed by the corps under paragraph (1) or (2) shall receive a stipend and living allowance in an amount to be determined by the Secretary, in consultation with Secretary of Veteran Affairs. (c) Work Projects.-- (1) Assignment.--Each eligible veteran employed under subsection (b)(1) shall be assigned to a work project that-- (A) furthers the purposes described in subsection (a); and (B) falls within 1 or more of the following categories: (i) Transportation improvements, such as improving wilderness trails. (ii) Erosion control. (iii) Landscape and recreation. (iv) Habitat protection and restoration, including removal of invasive species. (v) Data collection. (vi) Any other specific project category identified under paragraph (2). (2) Specification of additional project categories.--Not later than 180 days after the date of enactment of this Act, the Secretary and the Secretary of Commerce shall identify additional project categories that the Secretary and the Secretary of Commerce consider appropriate to further the purposes described in subsection (a). (3) Leveraging of military skills.--To the maximum extent practicable, an eligible veteran in the corps shall be assigned to a work project under paragraph (1) that enables the eligible veteran to use the skills that the eligible veteran developed as a member of the Armed Forces. (4) Development and supervision of work projects.--The Secretary and the Secretary of Commerce shall develop and supervise the work projects under the corps that relate to the respective jurisdiction of the Secretary and the Secretary. (d) Education and Training.-- (1) In general.--The Secretary, in cooperation with the Secretary of Veterans Affairs and the Secretary of Commerce, shall establish a program as part of the corps to provide to eligible veterans employed under the corps any education or training that is necessary to enable the eligible veterans to carry out the work projects assigned under subsection (c)(1). (2) Use of existing facilities.--To the maximum extent practicable, the Secretary, the Secretary of Veterans Affairs, and the Secretary of Commerce shall use existing facilities of the Federal Government to provide the education and training required under paragraph (1).", "summary": "Veterans Conservation Corps Authorization Act - Directs the Secretary of the Interior to establish a veteran conservation corps (corps) to: (1) provide training and employment to unemployed veterans not enrolled in any other federal training program, (2) assist veterans in their transition from military service to civilian life, and (3) assist the government in maintaining federal land and water. Directs the Secretary to employ such veterans for a one-year period, with an option for employment for an additional one-year period. Allows the Secretary to establish a corps program for the short-term employment of veterans attending institutions of higher education. Directs the Secretary to establish a program to provide to such veterans any education or training necessary to carry out assigned work projects."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Excellence in Research and Development Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) Due to the end of the Cold War, the United States has not recently conducted underground nuclear testing at the Department of Energy facility known as the Nevada Test Site, Nevada, and the United States does not plan to conduct such testing in the foreseeable future. (2) Because the world political situation is ever-changing and dangerous, it is imperative that the United States remain strong militarily and continue to be a nuclear superpower. (3) It is imperative that the Nevada Test Site be maintained in a full state of readiness to ensure the capability of the nuclear arsenal of the United States. (4) The Nevada Test Site is in a beneficial location for activities suitable for research and development of emerging technologies that will be important to the United States in the 21st century. (5) Technology development carried out at the Nevada Test Site should include both private-sector and military projects. (6) The Nevada Test Site can support the stewardship of the Nation's nuclear weapons stockpile, the nonproliferation of nuclear weapons, and the technological competitiveness of the United States by providing the environment for nuclear and non- nuclear test and demonstration experiments and projects for government, industry, and academia. (7) The Nevada Test Site can provide the infrastructure to support industrial and civilian tests of environmentally demanding projects and programs. (8) The Nevada Test Site can support the testing and demonstration of environmental clean-up technologies by government and industry. (9) The Nevada Test Site can support the testing of alternative and renewable energy sources for environmentally clean and economically competitive replacements for traditional fossil energy sources and uses in many parts of Nevada and in the United States as a whole. (10) The Nevada Test Site can provide support for disarmament activities such as the demonstration of rocket motor destruction technology and conventional munitions destruction technology. (11) The Nevada Test Site can support non-proliferation experiments in disablement, nuclear forensics, sensors, and verification and monitoring. (12) The Nevada Test Site can support treaty-compliant experiments for stockpile stewardship purposes. (13) The size and remoteness of the Nevada Test Site make the Nevada Test Site well-suited for a multitude of activities associated with the restructuring of the United States military. SEC. 3. PURPOSES. It is the purpose of this Act-- (1) to ensure full operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site; (2) to ensure an appropriate level of funds for such readiness to be maintained; (3) to create a National Test and Demonstration Center of Excellence at the Nevada Test Site for the promotion of disarmament, demilitarization, alternative and renewable energy sources, the nonproliferation of nuclear weapons, sensor development, and environmentally sensitive technologies; and (4) to ensure the availability of the Nevada Test Site, within appropriate restrictions, for use by private-sector industries seeking to make use of the inherent qualities that make the Nevada Test Site the greatest outdoor laboratory in the world. SEC. 4. MAINTENANCE OF READINESS CAPABILITY OF NEVADA TEST SITE. (a) Authorization of Appropriations.-- (1) In general.--The amount referred to in paragraph (2) is hereby authorized to be appropriated to the Secretary of Energy for fiscal year 1995 and each fiscal year thereafter to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. (2) Authorized amount.--The amount referred to in paragraph (1) is not less than the amount appropriated to the Secretary of Energy for fiscal year 1992 to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. (b) Staffing Levels.--During fiscal year 1995 and each fiscal year thereafter, the Secretary of Energy shall maintain a staffing level at the Nevada Test Site that the Secretary considers sufficient to carry out activities under this Act in addition to any other activities conducted by the Department of Energy at the Nevada Test Site. (c) Infrastructure Assessments and Activities.--The Secretary of Energy, through the Nevada Test Site Operations Office, shall carry out any infrastructure assessments and activities necessary to accommodate new projects and initiatives at the Nevada Test Site. SEC. 5. NATIONAL TEST AND DEMONSTRATION CENTER OF EXCELLENCE. (a) Establishment.--There is hereby established within the Department of Energy a National Test and Demonstration Center of Excellence (hereafter in this Act referred to as the ``Center''), to be located at the Nevada Test Site, Nevada. (b) Purpose.--It shall be the purpose of the Center to promote disarmament, demilitarization, alternative and renewable energy sources, the nonproliferation of nuclear weapons, sensor development, and environmentally sensitive technologies. (c) Activities Related to Alternative and Renewable Energy Sources.--The Center shall carry out the following testing and demonstration activities that are related to alternative and renewable energy sources: (1) The characterization of solar and geothermal resources at the Nevada Test Site. (2) The development of alternative and renewable energy sources, including, as a goal of the Center, the development and completion of two 100-megawatt solar power plants by the year 2000. (3) The conduct of a National Alternative-Fueled Vehicles Program, the objective of which shall be to demonstrate the regional use of natural gas, electricity, and hydrogen as vehicle fuels. (d) Activities Related to Disarmament and Demilitarization.--The Center shall carry out testing and demonstration activities that are related to changes occurring in United States military as a result of the end of the Cold War, including activities-- (1) that involve the demilitarization of large rocket motor and conventional ordnance; (2) that assist in disarmament and demilitarization, generally; and (3) that test and demonstrate the nonmilitary application of technologies and resources the military application of which has decreased or otherwise changed due to disarmament and demilitarization. (e) Activities Related to Nuclear Stockpile Stewardship.--The Center shall carry out testing and demonstration activities related to the stewardship of the nuclear stockpile of the United States. Such activities shall include-- (1) the conduct of experiments that assist in monitoring compliance with international agreements on the nonproliferation of nuclear weapons; (2) the provision of support to the Department of Energy nuclear weapons complex; (3) the conduct of programs for the Department of Energy and the Department of Defense to develop simulator technologies for nuclear weapons design and effects, including advanced hydrodynamic simulators, inertial confinement fusion test facilities, and nuclear weapons effects simulators (such as the Decade and Jupiter simulators); and (4) the conduct of the stockpile stewardship program established pursuant to section 3138 of the National Defense Authorization Act for Fiscal Year 1994 (107 Stat. 1946; Public Law 103-160). (f) Activities Related to Nonproliferation.--The Center shall carry out experiments related to the non-proliferation of nuclear weapons, including experiments with respect to disablement, nuclear forensics, sensors, and verification and monitoring. (g) Activities Related to Environmental Technologies.--The Center shall carry out testing and demonstration activities related to the development of environmental technologies, including-- (1) the demonstration of technologies concerning the remediation of toxic and hazardous chemicals; and (2) the conduct of training activities pertaining to emergency response to hazardous and toxic accidents and emergencies. (h) Other Activities.--The Center may carry out the testing and demonstration of any other technology which, in the determination of the Secretary of Energy, is appropriate for testing and demonstration at the Nevada Test Site. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Except as provided in section 4, there is hereby authorized to be appropriated to the Secretary of Energy for fiscal year 1995 such sums as may be necessary to carry out this Act.", "summary": "National Center for Excellence in Research and Development Act of 1994 - Authorizes appropriations to maintain the readiness capability of the underground Nevada Test Site. Establishes within the Department of Energy a National Test and Demonstration Center of Excellence to be located at such Site. Directs the Center to carry out activities related to: (1) alternative and renewable energy sources; (2) nuclear stockpile stewardship; (3) disarmament and demilitarization; (4) nonproliferation; and (5) environmental technologies. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Documentation and Program Improvement Act of 2015''. SEC. 2. DEVELOPMENT OF A SINGLE FORM OR DOCUMENT TO SATISFY THE HOME HEALTH CERTIFICATION REQUIREMENT. (a) Part A.--Section 1814 of the Social Security Act (42 U.S.C. 1395f) is amended-- (1) in subsection (a)(2)(C), by striking ``has had a face- to-face encounter'' and inserting ``has, subject to subsection (m), had a face-to-face encounter''; and (2) by adding at the end the following new subsection: ``(m) Implementation of Requirement for Certification for Home Health Services.-- ``(1) In general.--The Secretary shall develop a single form or document to be used by a physician to satisfy the documentation requirements necessary to fulfill the requirement of a face-to-face encounter and other criteria for home health eligibility under subsection (a)(2)(C) (otherwise known as the certification for home health services). ``(2) Stakeholder input.--In developing the form or document under paragraph (1), the Secretary shall seek input from stakeholders, including physicians and other non-physician providers (such as nurse practitioners or clinical nurse specialists (as those terms are defined in section 1861(aa)(5))), home health agencies, hospitals, patients or representatives of patients, and other entities (such as electronic medical record vendors) the Secretary determines appropriate. The Secretary shall provide the opportunity for such stakeholders to offer input on the form or document during its initial development as well as the opportunity to make comments on a proposed version prior to its finalization. The Secretary shall also set up a process to educate physicians and non-physicians on how to appropriately fulfill the requirements related to the form or document in this section prior to implementation. ``(3) Content of form.--The Secretary shall accept the following content as documentation of an individual's eligibility for home health services: ``(A) With respect to the face-to-face encounter requirement, the date of the encounter. ``(B) With respect to homebound status, a statement that provides the clinical basis for why the individual is determined to be confined to the home. ``(C) With respect to the need for skilled services, a selection, via checkbox, of the types of skilled services required by the individual and a statement with the clinical basis for each type of skilled service ordered. ``(4) Deemed satisfaction of requirements.--The Secretary shall, through guidance, allow the requirement for documentation of a face-to-face encounter and other criteria for home health eligibility under subsection (a)(2)(C) to be deemed satisfied with respect to an individual if a home health agency completes the form or document under paragraph (1) and the ordering physician signs or attests to the contents of the form or document. ``(5) Exception to face-to-face encounter requirement.--The Secretary shall waive the requirement for a face-to-face encounter under subsection (a)(2)(C) related to home health services provided to an individual if the individual has been discharged from a hospital (including from the emergency department) or skilled nursing facility within 14 days prior to the initiation of such home health services. ``(6) Guidance to contractors.-- ``(A) In general.--The Secretary shall provide notification, guidance, and education regarding the application of the form or document under paragraph (1) as it pertains to satisfying the documentation requirements for home health services under subsection (a)(2)(C) to medicare administrative contractors (as defined in section 1874A), recovery audit contractors (as defined in section 1893(h)), and any other entity which the Secretary determines appropriate. ``(B) National applicability.--The Secretary shall ensure that all medicare administrative contractors, recovery audit contractors, and any other entity which the Secretary determines appropriate apply the guidance under this paragraph in a nationally consistent and uniform manner and that all audit activities, policies, and practices regarding documentation for home health services are likewise applied in a nationally consistent and uniform manner. ``(C) Study.--Not later than 18 months after the date of the enactment of this paragraph, the Secretary shall submit to Congress a report on-- ``(i) the adherence of medicare administrative contractors, recovery audit contractors, and any other entity which the Secretary determines appropriate to nationally consistent and uniform audit activities, policies, and practices as described in subparagraph (B); and ``(ii) the rate of appeals for denial of payment based solely on the face-to-face encounter requirements for home health services under this section and the rate of such appeals that are ultimately successful.''. (b) Part B.--Section 1835 of the Social Security Act (42 U.S.C. 1395n) is amended-- (1) in subsection (a)(2)(A), by striking ``has had a face- to-face encounter'' and inserting ``has, subject to subsection (f), had a face-to-face encounter''; and (2) by adding at the end the following new subsection: ``(f) Application of Documentation, Guidance, and Treatment of Certain Home Health Claims Provisions Under Part A.--The provisions of section 1814(m) shall apply with respect to the application of documentation requirements for home health services under subsection (a)(2)(A) in the same manner as such provisions apply with respect to the application of the documentation requirements for home health services under section 1814(a)(2)(C).''. SEC. 3. EFFECTIVE DATE; TREATMENT OF CERTAIN HOME HEALTH CLAIMS. (a) Effective Date.--The amendments made by section 2 shall apply with respect to home health services furnished on or after October 1, 2016. (b) Treatment of Certain Home Health Claims.-- (1) Denied claims.-- (A) In general.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall-- (i) through guidance, develop and implement processes to open and review claims that were denied on or after January 1, 2011, and before the date of the enactment of this Act, due solely to the face-to-face documentation requirements under section 1814(a)(2)(C) of the Social Security Act (42 U.S.C. 1395f(a)(2)(C)) or section 1835(a)(2)(A) of such Act (42 U.S.C. 1395f(a)(2)(A)); and (ii) issue revised decisions of such denials as if the narrative requirements of section 424.22(v) of title 42, Code of Federal Regulations, did not apply at the time such services were furnished. (B) Settlement agreements for denied claims.--In addition to the processes under subparagraph (A), not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a voluntary process for home health agencies to enter into a settlement agreement with the Secretary of Health and Human Services in lieu of reprocessing claims for payment which are required to be paid by reason of subparagraph (A)(ii). (2) Other claims.--In the case of a claim for home health services furnished on or after January 1, 2011, and before October 1, 2016, that is not described in paragraph (1)(A), such claim shall be determined and processed as if the narrative requirements of section 424.22(v) of title 42, Code of Federal Regulations, did not apply at the time such services were furnished.", "summary": "Home Health Documentation and Program Improvement Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services (HHS) to: develop a single form or document to be used by a physician to satisfy the documentation requirements necessary to fulfill the requirement of a face-to-face encounter and other criteria for home health eligibility (otherwise known as the certification for home health services); and notify and provide guidance and education to Medicare administrative contractors, recovery audit contractors, and any other appropriate entity regarding application of the form or document to such documentation requirements. HHS shall also: develop and implement processes to open and review claims denied on or after January 1, 2011, and before enactment of this Act, due solely to the face-to-face documentation requirements; issue revised decisions of such denials as if the requirements of related regulations did not apply at the time such services were furnished; and establish a voluntary process for home health agencies to enter into a settlement agreement with HHS in lieu of reprocessing claims whose payment this bill now requires."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``State Health Care Flexibility Act of 2011''. SEC. 2. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the application of the provision to any other person not similarly situated or to any other circumstance shall not be affected. SEC. 3. PERMITTING STATES TO OPT OUT OF CERTAIN PROVISIONS OF PPACA. (a) In General.--A qualifying State may elect to opt out of the application of any or all of the provisions of the Patient Protection and Affordable Care Act (Public Law 111-148) described in subsection (b) with respect to health insurance coverage within such State. (b) Provisions Described.--For purposes of this Act: (1) In general.--A provision of the Patient Protection and Affordable Care Act described in this subsection is any section of such Act described in paragraph (2) or any grouping of provisions of such Act described in a subparagraph of paragraph (3). (2) Sections relating to phsa health insurance market reforms and immediate reforms.--A section described in this paragraph is any section of subtitles A through C of title I of the Patient Protection and Affordable Care Act (and the amendments made by such section), except for sections 1253 and 1254. (3) Groupings of other ppaca provisions.--A grouping of provisions of the Patient Protection and Affordable Care Act is any of the following: (A) All of the sections of parts I, II, III, and V of subtitle D of title I of such Act (and the amendments made by such sections). (B) All of the sections of part I of subtitle E of title I of such Act (and the amendments made by such sections). (C) All of the sections of subtitle F of title I of such Act (and the amendments made by such sections). (D) Requirements imposed pursuant to section 3021(c)(2) of the Public Health Service Act (42 U.S.C. 300jj-51(c)(2)), as added by section 1561 of the Patient Protection and Affordable Care Act. (E) All of the sections of subtitle A of title II of the Patient Protection and Affordable Care Act, except for section 2007, and all of the sections of subtitle C of such title (and the amendments made by such sections). (c) Qualifying State.-- (1) Enactment of state law.--For purposes of this section, the term ``qualifying State'' means a State that-- (A) enacts a law after the date of enactment of this Act that-- (i) expresses the intent of the State to opt out of any or all of the provisions of the Patient Protection and Affordable Care Act (Public Law 111-148) described in subsection (b); (ii) contains a list of each such provision; and (iii) expresses the intent of the State to continue to administer health coverage-related laws as in effect in the State on March 22, 2010, or that provides for the implementation of related State laws enacted after such date; and (B) provides to the Secretary of Health and Human Services and the Secretary of the Treasury a notification that such State law was enacted. (2) Repeal.--If a qualifying State repeals a law described in paragraph (1), the provisions of the Patient Protection and Affordable Care Act listed in such law shall apply with respect to such State beginning on the date of such repeal. (d) Preserving Existing State Law Opt Outs.--Nothing in this Act shall be construed as affecting any State law enacted before the date of the enactment of this Act relating to the State opting out of the application of any provision of the Patient Protection and Affordable Care Act. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall promulgate regulations to provide for the implementation of this Act. (f) Effective Date.--The provisions of this section shall be effective and shall apply to a State as of the date of the enactment of this Act, without regard to whether regulations described in subsection (e) have been promulgated.", "summary": "State Health Care Flexibility Act of 2011 - Authorizes a state to opt out of the application of certain provisions of the Patient Protection and Affordable Care Act (PPACA) with respect to health insurance coverage within the state by: (1) enacting a law that expresses the intent of the state to opt out of any or all of such provisions, lists such provisions, and expresses the intent of the state to continue to administer health care coverage-related laws as in effect in the state on March 22, 2010, or provides for the implementation of related state laws enacted after such date; and (2) notifying the Secretary of Health and Human Services (HHS) and the Secretary of the Treasury that such a state law was enacted. Includes among PPACA provisions that may be made inapplicable within a state provisions related to health coverage, essential health benefits, health insurance exchanges, alternative health plans established by states, individual and employer health coverage requirements, interoperable protocols for enrollment in federal and state health and human service programs, and expansion of Medicaid coverage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``School Desegregation Litigation Reform Act of 1996''. SEC. 2. APPROPRIATE REMEDIES IN SCHOOL CASES. (a) In General.--Section 213 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1712) is amended to read as follows: ``Sec. 213. Appropriate remedies in school cases ``(a) Requirements for Relief.-- ``(1) Prospective relief.--(A) A Federal court shall not have jurisdiction to award prospective relief in any civil action with respect to the operation of public schools that extends further than necessary to remedy the violation of a Federal right of a plaintiff. ``(B) A Federal court shall not have jurisdiction to grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to remedy the violation of the Federal right, and is the least intrusive means necessary to remedy the violation of the Federal right. ``(C) A Federal court shall not have jurisdiction to order any prospective relief that requires or permits a government official to exceed authority under State or local law or otherwise violates State or local law, unless-- ``(i) Federal law requires such relief to be ordered in violation of State or local law; ``(ii) the relief is necessary to remedy a violation of a Federal right; and ``(iii) no other relief will remedy the violation of a Federal right. ``(D) Nothing in this section shall be construed to authorize a Federal court, in exercising its remedial powers, to order the assignment of students to particular schools on the basis of race, color, or national origin, to order the raising of taxes, or to repeal, or make less restrictive from otherwise applicable limitations, the remedial powers of the courts. ``(2) Student assignment orders.--(A) In any civil action with respect to the operation of public schools, a Federal court shall not have jurisdiction to enter a student assignment order unless-- ``(i) a Federal court has previously entered an order for less intrusive relief that has failed to remedy the violation of the Federal right sought to be remedied through the student assignment order; and ``(ii) the defendant has had a reasonable time to comply with the previous court order. ``(B)(i) In any civil action with respect to the operation of the public schools, a student assignment order shall be entered only by a three-judge court in accordance with section 2284 of title 28, United States Code. ``(C) A party seeking a student assignment order in a Federal court shall file with any request for such relief, a request for a three-judge court and materials sufficient to demonstrate that the requirements of subparagraph (a) have been met. ``(D) The three-judge court shall enter a student assignment order only if the court finds by clear and convincing evidence that-- ``(i) the requirements of subparagraph (a) have been met; and ``(ii) no other relief will remedy the violation of the Federal right. ``(b) Termination of Relief.-- ``(1) Termination of prospective relief.--(A) Subject to the limitation set forth in paragraph (3), in any civil action with respect to the operation of the public schools in which prospective relief is ordered, such relief shall be terminated upon the motion of any party or intervenor-- ``(i) 2 years after the date the court granted or approved the prospective relief; or ``(ii) 1 year after the date the court has entered an order denying termination of prospective relief under this paragraph. ``(B) Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminable under subparagraph (A). ``(2) Immediate termination of prospective relief.--In any civil action with respect to the operation of the public schools, a defendant or intervenor shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that the relief is narrowly drawn, extends no further than necessary to remedy the violation of the Federal right, and is the least intrusive means necessary to remedy the violation of the Federal right. ``(3) Limitation.--(A) Prospective relief shall not terminate if the court previously entered the prospective relief after finding it necessary to remedy a violation of a Federal right and the plaintiff establishes by a preponderance of the evidence that prospective relief remains necessary to remedy a current and ongoing violation of that Federal right. The court shall not permit discovery. ``(B) Nothing in this section shall prevent any plaintiff from bringing a new civil action with respect to the operation of the public schools against a party to a pending civil action with respect to the operation of the public schools for a new violation of a Federal right, or obtaining prospective relief consistent with the provisions of this section for such a new violation. If a new action is brought in Federal court, it shall not be heard by any judge who has previously entered an order for prospective relief in a civil action that has been in effect for longer than 2 years with respect to the operation of the public schools. ``(4) Termination or modification of relief.--Nothing in this section shall prevent any party or intervenor from seeking modification or termination before the relief is terminable under paragraph (1) or (2), to the extent that modification or termination would otherwise be legally permissible. ``(c) Settlements.-- ``(1) Consent decrees.--In any civil action with respect to the operation of public schools, a Federal court shall not have jurisdiction to enter or approve a consent decree unless it complies with the limitations on relief set forth in subsection (a). ``(2) Private settlement agreements.--Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with the limitations on relief set forth in subsection (a). ``(d) Procedure for Motions Affecting Prospective Relief.--The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to the operation of the public schools. ``(e) Special Masters.--In any civil action with respect to the operation of public schools-- ``(1) In general.--(A) The court may appoint a special master who shall be disinterested and objective to conduct hearings on the record and prepare proposed findings of fact. ``(B) The court shall appoint a special master during the remedial phase of the action only upon a finding that the remedial phase will be sufficiently complex to warrant the appointment. ``(2) Appointment.--(A) If the court determines that the appointment of a special master is necessary, the court shall request that the defendant and the plaintiff each submit a list of not more than 5 persons to serve as a special master. ``(B) Each party shall have the opportunity to remove up to 3 persons from the opposing party's list. ``(C) The court shall select the master from the persons remaining on the list after the application of subparagraph (B). ``(D) If the court determines that the persons remaining on the list are not qualified to serve as special master, the court may appoint a person not on the list with the consent of all parties. ``(3) Interlocutory appeal.--Any party shall have the right to an interlocutory appeal of the judge's selection of the special master, on the ground of partiality. ``(4) Compensation.--The compensation to be allowed to a special master shall be based on an hourly rate not greater than the hourly rate established under section 3006A of title 18 for payment of court-appointed counsel, plus costs reasonably incurred by the special master. Such compensation and costs shall be paid with funds appropriated to the judiciary. In no event shall the court require the parties to pay the compensation or costs of the special master. ``(5) Regular review of appointment.--The court shall review the appointment of the special master every 6 months to determine whether the services of the special master continue to be required under paragraph (1). In no event shall the appointment of a special master extend beyond the termination of the relief. ``(6) Limitations on powers and duties.--A special master appointed in any civil action with respect to the operation of public schools-- ``(A) may be authorized by a court to conduct hearings on the record and shall make any findings of fact based on the record as a whole; ``(B) shall not make any findings or communications ex parte; and ``(C) may be removed at any time, but shall be relieved of the appointment upon the termination of relief. ``(7) The requirements of paragraphs (1) through (4) shall apply only to special masters appointed after the date of enactment of School Desegregation Litigation Reform Act of 1996. ``(f) Intervention.--In any civil action with respect to the operation of public schools, any State or local official or unit of government whose jurisdiction includes the appropriation of funds for, or the operation of, public schools shall have standing to oppose the imposition or continuation in effect of prospective relief and to seek termination of such relief, and shall have the right to intervene in any proceeding relating to such relief. ``(g) Definitions.--As used in this section-- ``(1) the term `consent decree' means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties, but does not include private settlement agreements; ``(2) the term `civil action with respect to the operation of public schools' means any civil proceeding arising under Federal law with respect to the operation of any public school system by any State or local government that alleges that the public school system has been or is being operated in violation of the 5th or 14th amendment rights or any other provision of Federal law that guarantees equal educational opportunity; ``(3) the term `student assignment order' includes any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of directing or regulating the particular public school to which students are assigned to attend; ``(4) the term `private settlement agreement' means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil proceeding that was concluded as a result of the agreement entering into force; ``(5) the term `prospective relief' means all relief other than compensatory monetary damages, including the appointment of a special master; ``(6) the term `special master' means any person appointed by a Federal court pursuant to rule 53 of the Federal Rules of Civil Procedure or pursuant to any power of the court to exercise the powers of a master, regardless of the title or description given by the court; ``(7) the term `relief' means all relief in any form that may be ordered or approved by the court, and includes consent decrees but does not include private settlement agreements; and ``(8) the term `violation of a Federal right' includes a violation of a Federal constitutional or Federal statutory right, but does not include a violation of a court order that is not independently a violation of a Federal constitutional or Federal statutory right.''. (b) Application of Amendment.--Section 213 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1712), as amended by this section, shall apply with respect to all prospective relief whether such relief was originally ordered or approved before, on, or after the date of the enactment of this Act. SEC. 3. DENIAL OF EQUAL EDUCATIONAL OPPORTUNITY PROHIBITED. Section 204 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1703) is amended to read as follows: ``Sec. 204. Denial of equal educational opportunity prohibited ``No State shall deny equal educational opportunity to an individual on account of race, color, or national origin, by-- ``(1) the intentional segregation by an educational agency of students on the basis of race, color, or national origin among or within schools; ``(2) the assignment or transfer by the State, the courts of any State, any educational agency or official thereof, or any Federal agency or official thereof of a student to a school, other than the one closest to the place of residence within the school district in which the student resides, if the assignment was made on the basis of race, color, or national origin, of students among schools in the school district, including assignments made for the purpose of attaining a balance on the basis of race, color, or national origin, unless-- ``(A) such assignment is necessary to remedy the violation of a Federal right (as defined in section 213(g)(8)); and ``(B) there are no other means for remedying the violation of the Federal right; or ``(3) the modification of the lines drawn by the State, subdividing its territory into separate school districts, if the modification was made for the purpose of attaining a balance, on the basis of race, color, or national origin, of students among public schools, unless-- ``(A) such assignment is necessary to remedy the violation of a Federal right (as defined in section 213(g)(8)); and ``(B) there are no other means for remedying the violation of the Federal right.''. SEC. 4. CONFORMING AMENDMENTS. (a) Policy.--Section 202 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1701) is amended-- (1) in subsection (a), by striking ``(a) The'' and inserting ``The''; and (2) by striking subsection (b). (b) Findings.--Section 203(b) of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1702) is amended in subsection (b) by striking ``elimination of the vestiges of dual school systems, except that the provisions of this title are not intended to modify or diminish the authority of the courts of the United States to enforce fully the fifth and fourteenth amendments to the Constitution of the United States.'', and inserting ``denial of equal educational opportunity, limit the jurisdiction of the Federal courts over the operations of public schools, and prohibit the use of race, color, or national origin as a basis for making school assignments.''. (c) Civil Actions.--Section 207 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1706) is amended by-- (1) inserting ``or a school district in which such an individual resides on behalf of such an individual, or any State or local official or unit of government whose jurisdiction includes the appropriation of funds for, or the operation of, a school district in which such an individual resides on behalf of such an individual,'' after ``this part'' in the first sentence; and (2) striking ``institute a civil action'', and inserting ``institute or intervene in a civil action''. (d) Sections 214, 215, 216, 217, and 219 of the Equal Educational Opportunities Act of 1974 are repealed.", "summary": "School Desegregation Litigation Reform Act of 1996 - Amends the Equal Educational Opportunities Act of 1974 with respect to remedies in school cases. Sets forth requirements for relief in such cases. Revises prohibitions against State denial of equal educational opportunity. Allows school districts and State and local governments to institute civil actions on behalf of individuals denied equal educational opportunity. Authorizes the Attorney General to intervene in (as well as institute) such civil actions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997''. SEC. 2. DEFINITIONS. Section 6003 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in the section heading by striking ``definition'' and inserting ``definitions''; (2) by striking ``(1)'', ``(2)'', and ``(3)''; (3) in the matter proceeding subparagraph (A), by striking `` title the term'' and inserting the following: ``title-- ``(1) the term''; (4) by striking the period at the end; and (5) by adding at the end the following: ``(2) the term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved; and ``(3) the term `voluntary public and private parental choice program' means a program that meets the requirements of section 6301(b)(9), is authorized by State law, and includes 1 or more private schools to allow low-income parents to choose the appropriate school for their children.''. SEC. 3. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. Section 6102(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``(a) Distribution Rule.-- ``(1) In general.--Except as provided in paragraph (2), from the sums made available each year to carry out this title, the State educational agency shall distribute not less than 90 percent to local educational agencies within such State according to the relative enrollments in public and private, nonprofit schools within the school districts of such agencies, adjusted, in accordance with criteria approved by the Secretary, to provide higher per pupil allocations to local educational agencies which have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as-- ``(A) children living in areas with high concentrations of low-income families; ``(B) children from low-income families; and ``(C) children living in sparsely populated areas. ``(2) Exception.--A State that has enacted or will enact a law that establishes a voluntary public and private parental choice program and that complies with the provisions of section 6301(b)(9) may reserve an additional 15 percent from the sums made available each year to carry out this title if the additional amount reserved is used exclusively for voluntary public and private parental choice programs.''. SEC. 4. USES OF FUNDS. (a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) by inserting after subparagraph (C) the following: ``(D) establishing voluntary public and private parental choice programs in accordance with section 6301(b)(9); and''. (b) Local Uses of Funds.--Section 6301(b) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (7), by striking ``and'' after the semicolon; (2) in paragraph (8), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (8) the following: ``(9) voluntary public and private parental choice programs that-- ``(A) are located in an area that has the greatest numbers or percentages of children-- ``(i) living in areas with a high concentration of low-income families; ``(ii) from low-income families; or ``(iii) living in sparsely populated areas; ``(B) ensure that participation in such a voluntary public and private parental choice program is limited to families whose family income does not exceed 185 percent of the poverty line; ``(C) ensure that-- ``(i) the maximum amount of a voluntary public and private parental choice scholarship does not exceed the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides; ``(ii) the minimum amount of a voluntary public and private parental choice scholarship is not less than 60 percent of the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides or the cost of tuition at a private school, whichever is less; ``(D) ensure that for a private school that chooses to participate in a voluntary public and private parental choice program-- ``(i) such a school is permitted to impose the same academic requirements for all students, including students selected for a scholarship as provided under this paragraph; ``(ii) receipt of funds under this title is not conditioned with requirements or regulations that preclude the use of such funds for sectarian educational purposes or require removal of religious art, icons, scripture, or other symbols; and ``(iii) such a school is in compliance with all State requirements applicable to the operation of a private school that are in effect in the year preceding the date of the enactment of the Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997; ``(E) may allow State, local, and private funds to be used for voluntary public and private parental choice programs; and ``(F) ensure priority for students who were enrolled in a public school in the school year preceding the school year in which a voluntary public and private parental choice school begins operation.''. SEC. 5. EVALUATION. Part D of title VI of the Elementary and Secondary Education Act of 1965 is amended-- (1) by adding at the end of section 6402 the following new subsection: ``(j) Application.--This section shall not apply to a State or local educational agency that uses funds to establish a voluntary public and private parental choice program in accordance with section 6301(b)(9).''; and (2) by adding at the end of such part the following new sections: ``SEC. 6404. EVALUATION. ``(a) Annual Evaluation.-- ``(1) Contract.--The Comptroller General of the United States shall enter into a contract, with an evaluating agency that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of the programs established under section 6301(b)(9). ``(2) Annual evaluation requirement.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to evaluate annually each program established under section 6301(b)(9) in accordance with the evaluation criteria described in subsection (b). ``(3) Transmission.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to transmit to the Comptroller General of the United States the findings of each annual evaluation under paragraph (1). ``(b) Evaluation Criteria.--The Comptroller General of the United States, in consultation with the Secretary, shall establish minimum criteria for evaluating each program established under section 6301(b)(9). Such criteria shall provide for-- ``(1) a description of the implementation of each program established under section 6301(b)(9) and the program's effects on all participants, schools, and communities in the program area, with particular attention given to the effect of parent participation in the life of the school and the level of parental satisfaction with the program; and ``(2) a comparison of the educational achievement of all students in the program area, including a comparison between-- ``(A) students receiving a voluntary public and private parental choice scholarships under section 6301(b)(9); and ``(B) students not receiving a voluntary public and private parental choice scholarships under such section. ``(c) Evaluation Funds.--Pursuant to the authority provided under section 14701, the Secretary shall reserve not more than 0.50 percent of the amount of funds made available under section 6002 to carry out this section. ``SEC. 6405. APPLICABILITY. ``(a) Not School Aid.--Subject to subsection (b), funds used under this title to establish a voluntary public and private parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. ``(b) Not Income.--For purposes of Federal tax laws or for determining eligibility for any other Federal program, a voluntary public and private parental choice scholarship provided under this title shall not be treated as income or assistance to the student or the parents of such student. ``(c) No Federal Control.--The Secretary is not permitted to exercise any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a voluntary public and private choice program established under 6309(b)(9).''.", "summary": "Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997 - Amends title VI (Innovative Education Program Strategies) of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies, except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies based on criteria which gives priority to low-income families and areas. Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program. Provides that, for purposes of Federal tax laws or for determining eligibility for any other Federal program, a parental choice scholarship shall not be treated as income or assistance to the student or parents."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Republic of the Marshall Islands Supplemental Nuclear Compensation Act of 2011''. SEC. 2. CONTINUED MONITORING ON RUNIT ISLAND. Section 103(f)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(f)(1)) is amended-- (1) by striking ``Notwithstanding'' and inserting the following: ``(A) In general.--Notwithstanding''; and (2) by adding at the end the following: ``(B) Continued monitoring on runit island.-- ``(i) Cactus crater containment and groundwater monitoring.--Effective beginning January 1, 2008, the Secretary of Energy shall, as a part of the Marshall Islands program conducted under subparagraph (A), periodically (but not less frequently than every 4 years) conduct-- ``(I) a visual study of the concrete exterior of the Cactus Crater containment structure on Runit Island; and ``(II) a radiochemical analysis of the groundwater surrounding and in the Cactus Crater containment structure on Runit Island. ``(ii) Report.--The Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives, a report that contains-- ``(I) a description of-- ``(aa) the results of each visual survey conducted under clause (i)(I); and ``(bb) the results of the radiochemical analysis conducted under clause (i)(II); and ``(II) a determination on whether the surveys and analyses indicate any significant change in the health risks to the people of Enewetak from the contaminants within the Cactus Crater containment structure. ``(iii) Funding for groundwater monitoring.--The Secretary of the Interior shall make available to the Department of Energy, Marshall Islands Program, from funds available for the Technical Assistance Program of the Office of Insular Affairs, the amounts necessary to conduct the radiochemical analysis of groundwater under clause(i)(II).''. SEC. 3. CLARIFICATION OF ELIGIBILITY UNDER ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000. (a) Definitions for Program Administration.--Section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l) is amended by adding at the end the following: ``(18) The terms `covered employee', `atomic weapons employee', and `Department of Energy contractor employee' (as defined in paragraphs (1), (3), and (11), respectively) include a citizen or national of the Republic of the Marshall Islands or the Federated States of Micronesia who is otherwise covered by that paragraph.''. (b) Definition of Covered DOE Contractor Employee.--Section 3671(1) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s(1)) is amended by inserting before the period at the end the following: ``, including a citizen or national of the Republic of the Marshall Islands or the Federated States of Micronesia who is otherwise covered by this paragraph''. (c) Offset of Benefits With Respect to the Compact of Free Association.--Subtitle C of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385 et seq.) is amended by inserting after section 3653 (42 U.S.C. 7385j-2) the following: ``SEC. 3654. OFFSET OF BENEFITS WITH RESPECT TO THE COMPACT OF FREE ASSOCIATION. ``An individual who has been awarded compensation under this title, and who has also received compensation benefits under the Compact of Free Association between the United States and the Republic of the Marshall Islands (48 U.S.C. 1681 et seq.) (referred to in this section as the `Compact of Free Association'), by reason of the same illness, shall receive the compensation awarded under this title reduced by the amount of any compensation benefits received under the Compact of Free Association, other than medical benefits and benefits for vocational rehabilitation that the individual received by reason of the illness, after deducting the reasonable costs (as determined by the Secretary) of obtaining those benefits under the Compact of Free Association.''. SEC. 4. SUPPLEMENTAL HEALTH CARE GRANT. Section 103(h) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(h)) is amended by adding at the end the following: ``(4) Supplemental health care grant.-- ``(A) In general.--In addition to amounts provided under section 211 of the U.S.-RMI Compact (48 U.S.C. 1921 note), the Secretary of the Interior shall provide to the Republic of the Marshall Islands an annual supplemental health care grant in the amount made available under subparagraph (D)-- ``(i)(I) to provide enhanced primary health care, with an emphasis on providing regular screenings for radiogenic illnesses by upgrading existing services or by providing quarterly medical field team visits, as appropriate, in each of Enewetak, Bikini, Rongelap, Utrik, Ailuk, Mejit, Likiep, Wotho, Wotje, and Ujelang Atolls, which were affected by the nuclear testing program of the United States; and ``(II) to enhance the capabilities of the Marshall Islands to provide secondary treatment for radiogenic illness; and ``(ii) to construct and operate a whole- body counting facility on Utrik Atoll. ``(B) Conditions on health care grants.--To ensure the effective use of grants funds under clause (i) of subparagraph (A), the Secretary of the Interior, after consultation with the Republic of the Marshall Islands, may establish additional conditions on the provision of grants under that clause. ``(C) Memorandum of agreement.--To meet the objectives of clause (ii) of subparagraph (A), the Secretary of the Interior, the Secretary of Energy, and the Government of the Republic of the Marshall Islands shall enter into a memorandum of agreement setting forth the terms, conditions, and respective responsibilities of the parties to the memorandum of agreement in carrying out that clause. ``(D) Funding.--As authorized by section 105(c), there is appropriated to the Secretary of the Interior, out of funds in the Treasury not otherwise appropriated, to carry out this paragraph $4,500,000 for each of fiscal years 2009 through 2023, as adjusted for inflation in accordance with section 218 of the U.S.-RMI Compact, to remain available until expended.''. SEC. 5. ASSESSMENT OF HEALTH CARE NEEDS OF THE MARSHALL ISLANDS. (a) In General.--The Secretary of the Interior shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall conduct an assessment of the health impacts of the United States nuclear testing program conducted in the Republic of the Marshall Islands on the residents of the Republic of the Marshall Islands. (b) Report.--On completion of the assessment under subsection (a), the National Academy of Sciences shall submit to Congress, the Secretary, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives, a report on the results of the assessment. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.", "summary": "Republic of the Marshall Islands Supplemental Nuclear Compensation Act of 2011 - Amends the Compact of Free Association Amendments Act of 2003 to direct the Secretary of Energy (DOE) to periodically conduct: (1) a visual study of the concrete exterior of the Cactus Crater containment structure on Runit Island, and (2) a radiochemical analysis of the groundwater surrounding and in the Cactus Crater containment structure on Runit Island. Makes specified funds available to conduct such radiochemical groundwater analysis. Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include a citizen or national of the Republic of the Marshall Islands or the Federated States of Micronesia within the definitions of \"covered employee,\" \"atomic weapons employee,\" and \"Department of Energy contractor employee.\" Reduces compensation awarded to an individual under such Act who also received compensation under the Compact of Free Association between the United States and the Republic of the Marshall Islands for the same illness by any compensation received under such Compact, other than medical benefits and benefits for vocational rehabilitation that the individual received by reason of the illness, after deducting the reasonable costs of obtaining those benefits. Amends the Compact of Free Association Amendments Act of 2003 to direct the Secretary of the Interior to provide to the Republic of the Marshall Islands an annual supplemental health care grant to: (1) provide enhanced primary health care, with an emphasis on providing regular screenings for radiogenic illnesses by upgrading existing services or by providing quarterly medical field team visits in Enewetak, Bikini, Rongelap, Utrik, Ailuk, Mejit, Likiep, Wotho, Wotje, and Ujelang Atolls, which were affected by the U.S. nuclear testing program; (2) enhance the capabilities of the Marshall Islands to provide secondary treatment for radiogenic illness; and (3) operate a whole-body counting facility on Utrik Atoll. Provides for a National Academy of Sciences assessment of the U.S. nuclear testing program's health impacts on the residents of the Republic of the Marshall Islands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior$afe Act of 2015''. SEC. 2. IMMUNITY. (a) Definitions.--In this Act-- (1) the term ``bank'' has the meaning given the term in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)); (2) the term ``broker-dealer'' means-- (A) a broker, as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); or (B) a dealer, as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); (3) the term ``covered agency'' means-- (A) a State financial regulatory agency; (B) each of the Federal financial institutions regulatory agencies; (C) a law enforcement agency; and (D) the adult protective services agency of a State; (4) the term ``covered financial institution'' means-- (A) a bank; (B) a credit union; (C) an investment adviser; and (D) a broker-dealer; (5) the term ``credit union'' has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); (6) the term ``exploitation'' has the meaning given the term in section 2011 of the Social Security Act (42 U.S.C. 1397j); (7) the term ``Federal financial institutions regulatory agencies'' has the meaning given the term in section 1003 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3302); (8) the term ``investment adviser'' has the meaning given the term in section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2); and (9) the term ``senior citizen'' means an individual who is not less than 65 years of age. (b) Immunity From Suit.-- (1) Immunity for individuals.--Notwithstanding section 502 of the Gramm-Leach-Bliley Act (15 U.S.C. 6802), including any regulations adopted thereunder, an individual who has received the training described in section 3 shall not be liable, including in any civil or administrative proceeding, for disclosing the possible exploitation of a senior citizen to a covered agency if the individual, at the time of the disclosure-- (A) served as a supervisor, compliance officer, or legal advisor for a covered financial institution; and (B) made the disclosure-- (i) in good faith; and (ii) with reasonable care. (2) Immunity for covered financial institutions.-- Notwithstanding section 502 of the Gramm-Leach-Bliley Act (15 U.S.C. 6802), including any regulations adopted thereunder, a covered financial institution shall not be liable, including in any civil or administrative proceeding, for a disclosure made by an individual described in paragraph (1) if-- (A) the individual was employed by the covered financial institution at the time of the disclosure; and (B) before the time of the disclosure, the covered financial institution provided the training described in section 3 to each officer or employee of the covered financial institution described in section 3(a). SEC. 3. TRAINING REQUIRED. (a) In General.--A covered financial institution may provide training regarding the identification and reporting of the suspected exploitation of a senior citizen to each officer or employee of the covered financial institution who-- (1) is described in section 2(b)(1)(A); (2) may come into contact with a senior citizen as a regular part of the duties of the officer or employee; or (3) may review or approve the financial documents, records, or transactions of a senior citizen in connection with providing financial services to a senior citizen. (b) Training.--The training required under subsection (a) shall be provided as soon as reasonably practicable but not more than 12 months after the date on which an officer or employee begins employment with the covered financial institution. SEC. 4. PREEMPTION. Nothing in this Act shall be construed to preempt or limit any provision of State law, to the extent that any provision of State law provides a similar or greater level of protection against liability to an individual described in section 2(b)(1) or a covered financial institution described in section 2(b)(2) than is provided under those sections.", "summary": "Senior$afe Act of 2015 This bill provides that: (1) a supervisor, compliance officer, or legal advisor for a covered financial institution who has received training regarding the identification and reporting of the suspected exploitation of a senior citizen (at least 65 years old) shall not be liable for disclosing such exploitation to a covered agency if such individual made the disclosure in good faith and with reasonable care; and (2) a covered financial institution shall not be liable for such a disclosure by such an individual if such individual was employed by the institution at the time of the disclosure and the institution had provided such training. A "covered financial institution" means a bank, a credit union, an investment adviser, or a broker-dealer. A "covered agency" means each of the federal financial institutions regulatory agencies or a state financial regulatory agency, law enforcement agency, or adult protective services agency. A covered financial institution may provide such training to each of its supervisors, compliance officers, or legal advisors who: (1) may come into contact with a senior citizen as a regular part of such employee's duties; or (2) may review or approve the financial documents, records, or transactions of a senior citizen in connection with providing him or her financial services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstarting Our Business Sector Act of 2011''. SEC. 2. REDUCTION IN CORPORATE INCOME TAX RATES. (a) In General.--Subsection (b) of section 11 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) shall be 0 percent of taxable income.''. (b) Conforming Amendments.-- (1) Section 55(b)(1)(B)(i) of such Code is amended by striking ``20 percent'' and inserting ``0 percent''. (2) Section 280C(c)(3)(B)(ii)(II) of such Code is amended by striking ``maximum rate of tax under section 11(b)(1)'' and inserting ``rate of tax under section 11(b)''. (3) Sections 860E(e)(2)(B), 860E(e)(6)(A)(ii), 860K(d)(2)(A)(ii), 860K(e)(1)(B)(ii), 1446(b)(2)(B), and 7874(e)(1)(B) of such Code are each amended by striking ``highest rate of tax specified in section 11(b)(1)'' and inserting ``rate of tax specified in section 11(b)''. (4) Section 904(b)(3)(D)(ii) of such Code is amended by striking ``(determined without regard to the last sentence of section 11(b)(1))''. (5) Section 962 of such Code is amended by striking subsection (c) and by redesignating subsection (d) as subsection (c). (6) Section 1201(a) of such Code is amended-- (A) by striking ``35 percent (determined without regard to the last 2 sentences of section 11(b)(1))'' and inserting ``0 percent'', and (B) by striking ``35 percent'' in paragraph (2) and inserting ``0 percent''. (7) Section 1561(a) of such Code is amended-- (A) by striking paragraph (1) and by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively, (B) by striking ``The amounts specified in paragraph (1), the'' and inserting ``The'', (C) by striking ``paragraph (2)'' and inserting ``paragraph (1)'', (D) by striking ``paragraph (3)'' both places it appears and inserting ``paragraph (2)'', (E) by striking ``paragraph (4)'' and inserting ``paragraph (3)'', and (F) by striking the fourth sentence. (8) Subsection (b) of section 1561 of such Code is amended to read as follows: ``(b) Certain Short Taxable Years.--If a corporation has a short taxable year which does not include a December 31 and is a component member of a controlled group of corporations with respect to such taxable year, then for purposes of this subtitle, the amount to be used in computing the accumulated earnings credit under section 535(c) (2) and (3) of such corporation for such taxable year shall be the amount specified in subsection (a)(1) divided by the number of corporations which are component members of such group on the last day of such taxable year. For purposes of the preceding sentence, section 1563(b) shall be applied as if such last day were substituted for December 31.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 3. ZERO PERCENT CAPITAL GAINS RATE FOR INDIVIDUALS AND CORPORATIONS. (a) Zero Percent Capital Gains Rate for Individuals.-- (1) In general.--Paragraph (1) of section 1(h) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) and subparagraphs (C) and (D), respectively, and by amending subparagraph (B) to read as follows: ``(B) 0 percent of the adjusted net capital gain (or, if less, taxable income);''. (2) Alternative minimum tax.--Paragraph (3) of section 55(b) is amended by striking subparagraph (C), by redesignating subparagraph (D) as subparagraph (C), and by amending subparagraph (B) to read as follows: ``(B) 0 percent of the adjusted net capital gain (or, if less, taxable excess), plus''. (3) Repeal of sunset of reduction in capital gains rates for individuals.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 shall not apply to section 301 of such Act. (b) Zero Percent Capital Gains Rate for Corporations.-- (1) In general.--Section 1201 of the Internal Revenue Code of 1986 is amended by redesignating subsection (b) as subsection (c), and by striking subsection (a) and inserting the following new subsections: ``(a) General Rule.--If for any taxable year a corporation has a net capital gain, then, in lieu of the tax imposed by sections 11, 511, 821(a) or (c), and 831(a), there is hereby imposed a tax (if such tax is less than the tax imposed by such sections) which shall consist of the sum of-- ``(1) a tax computed on the taxable income reduced by the amount of the net capital gain, at the rates and in the manner as if this subsection had not been enacted, ``(2) 0 percent of the adjusted net capital gain (or, if less, taxable income), ``(3) 25 percent of the excess (if any) of-- ``(A) the unrecaptured section 1250 gain (or, if less, the net capital gain (determined without regard to subsection (b)(2)), over ``(B) the excess (if any) of-- ``(i) the sum of the amount on which tax is determined under paragraph (1) plus the net capital gain, over ``(ii) taxable income, plus ``(4) 28 percent of the amount of taxable income in excess of the sum of the amounts on which tax is determined under the preceding paragraphs of this subsection. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) In general.--The terms `adjusted net capital gain' and `unrecaptured section 1250 gain' shall have the respective meanings given such terms in section 1(h). ``(2) Dividends taxed at net capital gain.--Except as otherwise provided in this section, the term `net capital gain' has the meaning given such term in section 1(h)(11).''. (2) Alternative minimum tax.--Section 55(b) of such Code is amended by adding at the end the following new paragraph: ``(4) Maximum rate of tax on net capital gain of corporations.--The amount determined under paragraph (1)(B)(i) shall not exceed the sum of-- ``(A) the amount determined under such paragraph computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the net capital gain, plus ``(B) the amount determined under section 1201.''. (3) Technical amendments.-- (A) Section 1445(e)(1) of such Code is amended by striking ``35 percent (or, to the extent provided in regulations, 15 percent)'' and inserting ``0 percent''. (B) Section 1445(e)(2) of such Code is amended by striking ``35 percent'' and inserting ``0 percent''. (C) Section 7518(g)(6)(A) of such Code is amended by striking ``15 percent (34 percent in the case of a corporation)'' and inserting ``0 percent''. (D) Section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended by striking ``15 percent (34 percent in the case of a corporation)'' and inserting ``0 percent''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Withholding.--The amendments made by subparagraphs (A) and (B) of subsection (b)(3) shall apply to dispositions and distributions after the date of the enactment of this Act. SEC. 4. ONE-YEAR EXTENSION OF BONUS DEPRECIATION AND 100 PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS. (a) In General.-- (1) Bonus depreciation.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``January 1, 2014'' in subparagraph (A)(iv) and inserting ``January 1, 2015'', and (B) by striking ``January 1, 2013'' each place it appears and inserting ``January 1, 2014''. (2) 100 percent expensing.--Paragraph (5) of section 168(k) is amended to read as follows: ``(5) Temporary 100 percent bonus depreciation.--Paragraph (1)(A) shall be applied by substituting `100 percent' for `50 percent' in the case of property placed in service by the taxpayer after September 8, 2010, which would be qualified property if-- ``(A) `January 1, 2013' were substituted for `January 1, 2014' each place it appears in paragraph (2), ``(B) `January 1, 2014' were substituted for `January 1, 2015' in clause (iv) of paragraph (2)(A), and ``(C) `September 8, 2010' were substituted for `December 31, 2007' each place it appears in paragraph (2).''. (3) Special rules relating to election to accelerate amt credit in lieu of bonus depreciation.-- (A) Subclause (II) of section 168(k)(4)(D)(iii) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (B) Clause (iv) of section 168(k)(4)(I) of such Code is amended-- (i) by inserting after ``Act of 2010'', and (ii) by striking ``of such Act'' and inserting ``or section 2(a)(3)(A) of either such Act, respectively''. (4) Conforming amendments.-- (A) The heading for subsection (k) of section 168 of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (B) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre- january 1, 2013'' and inserting ``pre-january 1, 2014''. (C) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (D) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (E) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2011.", "summary": "Jumpstarting Our Business Sector Act of 2011 - Amends the Internal Revenue Code to: (1) eliminate the corporate income tax and the tax on the capital gains of individuals and corporations; and (2) extend for one year the additional depreciation allowance for business and investment assets (bonus depreciation), the 100% expensing allowance for such assets, and the election to accelerate the alternative minimum tax (AMT) credit in lieu of bonus depreciation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Men and Families Health Care Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) Risks to the health and well-being of the Nation's men (and our families) are on the rise due to a lack of education, awareness, and pursuit of preventative screening and care-- (A) men are leading in 9 out of the top 10 causes of death; (B) 1 in 2 men versus 1 in 3 women in their lifetime will be diagnosed with cancer; (C) the life expectancy gap between men and women has increased from one year in 1920 to 5.2 years in 2005; and (D) studies show that women are 100 percent more likely than men to visit a doctor, have regular physician check-ups, and obtain preventive screening tests for serious diseases. (2) While this health crisis is of particular concern to men, it is also a concern for women regarding their fathers, husbands, sons, and brothers. (3) According to the Census Bureau, by the time men and women reach age 65, the ratio of men to women reduces to 85 to 100. The growing disparity in this statistic suggests that among other factors, the declining health of men increases the risk of women entering retirement age as widows. (4) According to the Administration on Aging, more than half of elderly widows now living in poverty were not poor before the death of their husbands. (5) Men's health is a concern to Federal and State governments which absorb the enormous costs of premature death and disability, including the costs of caring for dependents left behind. (6) Educating men, their families, and health care providers about the importance of early detection of male health issues (i.e. cardiovascular, mental, prostate health, cancer (lung, prostate, skin, colorectal, testicular, and more), HIV/AIDS, osteoporosis, and other pertinent health issues) can result in reducing rates of mortality for male- specific diseases, as well as improve the health of the Nation's men and its overall economic well-being. (7) Of concern is the physical, mental, and emotional well- being of our military men (and women) returning from war zones and our veterans. We must pay attention to their needs and the needs of their families. (8) Recent scientific studies have shown that regular medical exams, preventive screenings, regular exercise, and healthy eating habits can help save lives. (9) Appropriate use of tests such as prostate-specific antigen (PSA) exams and blood pressure, blood sugar, lipid panel, and colorectal screenings in conjunction with clinical exams or self-testing, can result in the early detection of many problems and in increased survival rates. (10) Men's health is a concern for employers who pay the costs of medical care and lose productive employees. (11) Prostate cancer is the most frequently diagnosed cancer in the United States among men, accounting for 25 percent of all cancer cases-- (A) over 185,000 men will be newly diagnosed with prostate cancer this year alone, and almost 29,000 will die; (B) costs associated with prostate cancer detection and treatments exceed $8 billion annually and represent 8 percent of cancer and 0.4 percent of all health- related expenditures in the United States; (C) prostate cancer rates increase sharply with age, and more than \\2/3\\ of such cases are diagnosed in men age 65 and older; (D) \\2/3\\ of annual prostate cancer expenditures in the United States are paid for by Medicare; and (E) the incidence of prostate cancer and the resulting mortality rate in African-American men is twice that of all other men. (12) It is estimated that in 2008, approximately 115,000 men were diagnosed with lung cancer, and almost 91,000 of the Nation's men died from lung cancer. (13) It is estimated that in 2008, approximately 54,000 men were diagnosed with colorectal cancer, and over 24,000 of the Nation's men died from colorectal cancer. (14) Men make up over half of the diabetes patients aged 20 and over in the United States (10.9 million men total) and nearly \\1/3\\ of them do not know it-- (A) whereas approximately 21,000,000 Americans are living with diabetes, men are 30 percent more likely to die from the disease; (B) 54 million American people have pre-diabetes and 1.5 million new cases of diabetes were diagnosed in 2005; and (C) people with diagnosed diabetes have medical expenditures that are 2 to 3 times higher than patients without diabetes and the estimated cost of diabetes in 2007 was $174,000,000, including $116,000,000 in excess medical expenditures and $58,000,000 in reduced national productivity. (15) Over 8,000 men, ages 15 to 40, will be diagnosed this year with testicular cancer, and 380 of these men will die of this disease in 2008. A common reason for delay in treatment of this disease is a delay in seeking medical attention after discovering a testicular mass. (16) Men over the past decade have shown poorer health outcomes than women across all racial and ethnic groups as well as socioeconomic status. (17) Establishing an Office of Men's Health is needed to investigate these findings and take further actions to promote awareness of men's health needs. SEC. 3. ESTABLISHMENT OF OFFICE OF MEN'S HEALTH. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following: ``SEC. 1711. OFFICE OF MEN'S HEALTH. ``(a) In General.--The Secretary shall establish within the Department of Health and Human Services an office to be known as the Office of Men's Health. The Secretary shall appoint a director as head of the office. ``(b) Activities.--The Secretary, acting through the Director of the Office of Men's Health, shall-- ``(1) conduct, support, coordinate, and promote programs and activities to improve the state of men's health in the United States, including by working with the Department of Veterans Affairs, the Department of Defense, and the Federal Employee Health Benefits Plan; and ``(2) provide for consultation among offices and agencies of the Department of Health and Human Services for the purposes of-- ``(A) coordinating public awareness, education, and screening programs and activities relating to men's health; ``(B) coordinating programs and activities under title XVIII of the Social Security Act relating to men's health, including prostate cancer, diabetes, colorectal cancer, cholesterol, and mental health screening programs; ``(C) coordinating public awareness programs and activities, including prostate cancer, diabetes, colorectal cancer, cholesterol, and mental health screening programs, for men identified at being at increased risk of these diseases; ``(D) coordinating prostate-specific antigen (PSA), diabetes, cholesterol, and colorectal cancer screening programs and activities relating to men's prostate health, cardiovascular health, and mental health in order to conduct a comparative effectiveness review; and ``(E) establishing a clinical registries database to assess and measure quality improvement of programs and activities relating to men's health. ``(c) Report.--Not later than 2 years after the date of the enactment of this section, the Secretary, acting through the Director of the Office of Men's Health, shall submit to the Congress a report describing the activities of such Office, including findings by the Director regarding men's health.''.", "summary": "Men and Families Health Care Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish within the Department of Health and Human Services (HHS) the Office of Men's Health. Requires the Secretary, acting through the Director of the Office, to: (1) conduct, support, coordinate, and promote programs and activities to improve the state of men's health in the United States; and (2) provide for consultation among HHS agencies and offices to coordinate men's health programs and activities and establish a clinical registries database to assess and measure quality improvement of programs and activities relating to men's health."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Advisory Council Establishment Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Manufacturing is a critical component of the economy of the United States. (2) A strong manufacturing sector is important to maintaining a desirable standard of living for all United States citizens. (3) United States manufacturers can compete globally as long as they are not subjected to anti-competitive trade practices. (4) The United States manufacturing industry is presently facing many challenges, both domestic and international. (5) The President would benefit from regular, informed advice from a variety of sources within the Unites States manufacturing sector, including representatives of small and mid-sized businesses, on policies that affect manufacturing. SEC. 3. ESTABLISHMENT. There is established a council to be known as the ``President's Council of Advisors on Manufacturing''. SEC. 4. DUTIES. The duties of the Council shall be-- (1) to advise the President on policy matters affecting the domestic manufacturing sector; (2) to assist in the development of policies that will-- (A) reduce production costs within the manufacturing sector, (B) promote the competitiveness of products manufactured in the United States in international markets, (C) encourage innovation, investment, and productivity in the manufacturing sector, and (D) ensure an adequate supply of skilled workers in the manufacturing sector; and (3) to assist the Secretary of Commerce in securing private sector involvement for Department of Commerce activities. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Council shall be composed of 25 members appointed by the President as follows: (1) 1 member shall be an officer or employee of the Federal Government. (2) 24 members shall be individuals who-- (A) are not officers or employees of the Federal Government; (B) have expertise in manufacturing; and (C) represent businesses of various sizes and industries within the manufacturing sector. (b) Continuation of Membership.--If a member was appointed to the Council as an officer or employee of the Federal Government and the member ceases to be an officer or employee of the Federal Government, or was appointed to the Council because the member was not an officer or employee of the Federal Government and later becomes an officer or employee of the Federal Government, that member may continue as a member for not longer than the 90-day period beginning on the date that the member ceases to be an officer or employee of the Federal Government, or becomes such an officer or employee, as the case may be. (c) Terms.-- (1) In general.--Each member shall be appointed for a term of 2 years, except as provided in paragraphs (2) and (3). (2) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- (A) 8 shall be appointed for terms of 4 years; (B) 8 shall be appointed for terms of 3 years; (C) 8 shall be appointed for terms of 2 years; and (D) the member appointed under subsection (a)(1) shall be appointed for a term of 2 years. (3) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (d) Deadline for Appointment.--The appointments of the members of the Council shall be made no later than 90 days after the date of the enactment of this Act. (e) Co-chairs.--The co-chairs of the Council shall be the member appointed under subsection (a)(1) and one member appointed under subsection (a)(2) who is designated by the President at the time of appointment. (f) Meetings.-- (1) First meeting.--The Council shall hold its first meeting on a date designated by the co-chairs which is not later than 30 days after the date on which all members have been appointed. (2) Subsequent meetings.--After the first meeting, the Council shall meet at least semi-annually upon the call of the co-chairs. (g) No Compensation for Service.--The members shall serve on the Council without compensation. (h) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 6. POWERS OF THE COUNCIL. (a) Information and Advice.--As the Council finds appropriate, the Council may seek information and advice from persons who are not members of the Council. (b) Obtaining Official Data.--The Council may secure directly from any agency of the United States information necessary to enable it to carry out this Act. Upon the request of either co-chair, the head of that department or agency shall furnish that information to the Council. (c) Mails.--The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. ADMINISTRATION. (a) Expenses.--Any expenses incurred by the Council shall be paid from the funds available to the Assistant Secretary of Commerce responsible for manufacturing and services, as determined by the Secretary of Commerce. (b) Administrative Services.--The Assistant Secretary of Commerce responsible for manufacturing and services, as determined by the Secretary of Commerce, shall provide any administrative support services required by the Council. SEC. 8. NO TERMINATION. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Council.", "summary": "Manufacturing Advisory Council Establishment Act of 2004 - Establishes the President's Council of Advisors on Manufacturing to: (1) advise the President on policy matters affecting the domestic manufacturing sector; (2) develop policies that will reduce manufacturing production costs, promote the international competitiveness of U.S.-manufactured products, encourage innovation, investment and productivity in the manufacturing sector, and ensure an adequate supply of skilled manufacturing workers; and (3) assist the Secretary of Commerce in securing private sector involvement for Department of Commerce activities. States that provisions of the Federal Advisory Committee Act relating to the termination of advisory committees shall not apply to the Council."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Trade in Grain Act of 1993''. SEC. 2. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN GRAIN AFTER IMPORTATION. (a) Definitions.--As used in this section: (1) Entry.--The term ``entry'' means the entry into, or the withdrawal from warehouse for consumption in, the customs territory of the United States. (2) Foreign grain.--The term ``foreign grain'' means any of the following, if a product of any foreign country or instrumentality: (A) Wheat provided for in heading 1001 of the Harmonized Tariff Schedule of the United States. (B) Barley provided for in heading 1003.00 of such Schedule. (C) Oats provided for in heading 1004.00.00 of such Schedule. (b) Certification Requirements Regarding Foreign Grain.-- (1) End-use certificate.--An end-use certificate that meets the requirements of subsection (c) shall be included in the documentation covering the entry of any foreign grain. (2) Quarterly reports.--A consignee of imported foreign grain shall submit to the Secretary of Agriculture a quarterly report that certifies-- (A) what percentage of the foreign grain covered by an end-use certificate was used by the consignee during the quarter; and (B) that the grain referred to in paragraph (1) was used by the consignee for the purpose stated in the end-use certificate. (c) End-Use Certificate and Quarterly Report Content.--The end-use certificates and quarterly reports required under subsection (b) shall be in such form, and require such information, as the Secretary of Agriculture considers necessary or appropriate to carry out the purposes of this section, including-- (1) in the case of the end-use certificate-- (A) the name and address of the importer of record of the foreign grain covered by the certificate; (B) the name and address of the consignee of the grain; (C) the identification of the country of origin of the grain; (D) a description by class and quantity of the grain; (E) a specification of the purpose for which the consignee will use the grain; and (F) the identification of the transporter of the grain from the port of entry to the processing facility of the consignee; and (2) in the case of the quarterly report-- (A) the information referred to in subparagraphs (A) and (B) of paragraph (1); (B) the identification of the end-use certificates currently held by the consignee; (C) a statement of the quantity of the foreign grain covered by each of the end-use certificates identified under subparagraph (B) that was used during the quarter; (D) a statement of the use made during the quarter by the consignee of each quantity referred to in subparagraph (C); and (E) a statement of the quantity of wheat, barley, and oats that have been exported by the consignee during the quarter. (d) Regulations.--The Secretary of Agriculture shall prescribe such requirements regarding the preparation and submission of the quarterly reports required under subsection (b)(2) as may be necessary or appropriate to carry out this section. (e) Penalties.-- (1) Customs penalties.--End-use certificates required under this section shall be treated as any other customs documentation for purposes of applying the customs laws that prohibit the entry, or the attempt to enter, merchandise by fraud, gross negligence, or negligence. (2) Civil penalties.--Any person who knowingly violates any requirement prescribed by the Secretary of Agriculture to carry out this section is punishable by a civil penalty in an amount not to exceed $10,000. (f) Entry Prohibited Unless End-Use Certificate Presented.--The Commissioner of Customs may not permit the entry of foreign grain unless the importer of record presents at the time of entry of the grain an end-use certificate that complies with the applicable requirements of subsection (c). SEC. 3. USE OF EXPORT ENHANCEMENT PROGRAM TO PROMOTE WHEAT EXPORTS TO MEXICO. Section 301(b) of the Agricultural Trade Act of 1978 (7 U.S.C. 5651(b)) is amended by adding at the end the following new paragraph: ``(9) Promotion of wheat exports to mexico.--In carrying out the program established under this section, the Secretary shall provide agricultural commodities or cash payments, or both, to promote the export of wheat to Mexico.''. SEC. 4. INITIATION OF INVESTIGATION WITH RESPECT TO CANADIAN WHEAT SUBSIDIES. Not later than 30 days after the date of the enactment of this Act, the administering authority shall initiate a countervailing duty investigation and an antidumping duty investigation under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to the subsidies provided by Canada in connection with the exportation of wheat to the United States.", "summary": "Fair Trade in Grain Act of 1993 - Requires a consignee of imported foreign grain to: (1) include an end-use certificate in the documentation covering the entry of such grain; and (2) submit to the Secretary of Agriculture certain quarterly reports regarding the use of such grain. Sets forth civil penalties. Prohibits the Commissioner of Customs from permitting the entry of such grain unless the importer of record presents such certificate at the time of entry. Amends the Agricultural Trade Act of 1978 to require the Secretary to provide agricultural commodities or cash payments, or both, to promote U.S. wheat exports to Mexico. Directs the administering authority to initiate a countervailing duty and antidumping duty investigation with respect to Canadian subsidies for wheat exported to the United States."}
{"article": "SECTION 1. REQUIREMENT TO DISCLOSE TO INSURANCE APPLICANTS CERTAIN MEDICAL TEST RESULTS. (a) In General.--Except as provided in subsections (c) and (d), a life or disability insurer who requires, as a condition for the sale of a covered insurance product, that an applicant for the purchase of the product submit to an examination or test by a physician, health professional, or medical laboratory-- (1) shall require the physician, health professional, or laboratory to provide the results to the insurer in the form of a written report containing the findings of the physician, professional, or laboratory, including the results of all tests, diagnoses, and conclusions made; and (2) shall mail, not later than 30 days after the date on which the insurer receives such report, the report to the applicant at an address provided for this purpose by the applicant. (b) Abnormal Finding.--In any case in which a life or disability insurer mails a report to an applicant under subsection (a) that contains a finding of abnormality or irregularity with respect to the health or condition of the applicant, the insurer shall include with the report a document that-- (1) highlights the abnormal or irregular finding in language that is understandable to a person of average intelligence with no medical training; and (2) advises the applicant to consult with a suitable health professional for further explanation and appropriate follow-up. (c) Election To Receive Results through Physician.--An applicant described in subsection (a) may elect to have the report described in such subsection, and the document described in subsection (b), mailed to a physician of the applicant's choice designated by the applicant for such purpose, in lieu of having the report and document mailed to the applicant. The election shall be effective in any case where the applicant, before the date of the examination or test, submits to the insurer an election form described in subsection (e)(1) that includes-- (1) a check-off box, marked by hand by the applicant, showing the applicant's election to have the report and document mailed to such physician; (2) the applicant's signature; and (3) the date on which the form was completed by the applicant. (d) Waiver by Applicant.--Subsections (a) and (b) shall not apply where the applicant, before the date of the examination or test, declines to receive the results by submitting to the insurer a waiver form described in subsection (e)(1) that includes-- (1) a check-off box, marked by hand by the applicant, showing the applicant's choice to waive the applicant's right to receive any reports under subsection (a); (2) the applicant's signature; and (3) the date on which the form was completed by the applicant. (e) Requirements Relating to Forms.-- (1) Requirement to supply forms.--A life or disability insurer described in subsection (a) shall furnish to an applicant described in such subsection an election form, sufficient for purposes of subsection (c), and a waiver form, sufficient for purposes of subsection (d), at the same time the insurer furnishes to the applicant the application for sale of the covered product. The forms shall be distinct from, and not a part of, such application. (2) Copy.--A life or disability insurer described in subsection (a) shall furnish to an applicant described in such subsection a copy of an election form or a waiver form submitted to the insurer by the applicant upon the insurer's receipt of the form. (3) Revocation.--An election under subsection (c), or a waiver under subsection (d), may be revoked by the applicant at any time, through a written or oral notification to the life or disability insurer. SEC. 2. PROHIBITION ON CERTAIN DISCLOSURES OF EXAMINATION RESULTS. A life or disability insurer who requires, as a condition for the sale of a covered insurance product, that an applicant for the purchase of the product submit to an examination or test by a physician, health professional, or medical laboratory may not disclose to any other person, in any form, the results of such examination or test, except-- (1) as provided in section 1; (2) pursuant to a valid and fully executed written authorization for such disclosure-- (A) during the period specified by the authorization, in the case of an authorization that permits the disclosure to be made only during a period that is shorter than the 2-year period beginning on the date the authorization is executed by the applicant; or (B) during 2-year period beginning on the date the authorization is executed by the applicant, in the case of any other authorization; (3) pursuant to a court order, subpoena, warrant, or search warrant, for use by a law enforcement agency in an official law enforcement investigation or proceeding inquiring into a violation of any civil or criminal law, and where such disclosure is expressly required by an applicable law other than this Act; (4) where the disclosure is made to a public health authority and is expressly required by an applicable law other than this Act. SEC. 3. CIVIL ACTION BY AGGRIEVED PERSON. (a) In General.--Any person who is aggrieved by a violation of this Act by a life or disability insurer may commence a civil action against the insurer in an appropriate State court or district court of the United States. (b) Relief.-- (1) In general.--In an action under this section, if the court finds that the defendant has failed to comply with this Act, the aggrieved person may recover-- (A) statutory damages in an amount equal to $10,000 for each such violation; (B) compensatory damages; and (C) punitive damages. (2) Attorney's fees.--In an action under this section, the court, in its discretion, may allow a prevailing plaintiff, other than the United States, a reasonable attorney's fee (including expert fee) as part of the costs, and the United States shall be liable for costs the same as a private person. SEC. 4. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT. For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C. 1012(b); commonly known as the McCarran-Ferguson Act), this Act shall be considered to specifically relate to the business of insurance. SEC. 5. REGULATIONS. The Secretary of Health and Human Services may issue regulations to carry out this Act. SEC. 6. DEFINITIONS. As used in this Act: (1) Applicant.--The term ``applicant'' means an individual whose death or disability will be, or is, the subject of a covered insurance product, upon the acceptance by the life or disability insurer selling the product of the application for the purchase of the product. (2) Covered insurance product.--The term ``covered insurance product'' means-- (A) a life insurance policy or contract, or benefits under such a policy or contract; or (B) a disability insurance policy or contract, or benefits under such a policy or contract. (3) Disclose.--The term ``disclose'', means to release, transfer, provide access to, or otherwise divulge the information to any person other than an individual who is the subject of the information. Such term includes the placement of information into a computerized data base, networked computer system, or any other electronic or magnetic data system, that more than one person may access by any means. (4) Life or disability insurer.--The term ``life or disability insurer'' means-- (A) a person doing business in interstate commerce who is licensed or certified by a State to provide a covered insurance product; or (B) a person who acts as an agent of a person described in subparagraph (A) with respect to the sale of a covered insurance product. SEC. 7. EFFECTIVE DATE. This Act shall take effect on July 1, 1998.", "summary": "Requires that a life or disability insurer, if the insurer requires an applicant for life or disability insurance to submit to a medical examination or test, ensure disclosure to the applicant of the test results. Prohibits the insurer from disclosing the results to any other person, except under a written authorization made by the applicant, pursuant to certain legal process, or to a public health authority when expressly required by law. Provides for civil actions for violations of this Act by any aggrieved person, allowing recovery of statutory, compensatory, and punitive damages and attorney's fees. Declares that, for provisions of Federal law commonly known as the McCarran-Ferguson Act prohibiting Federal insurance law from preempting State law unless the Federal law specifically relates to the business of insurance, this Act shall be considered to specifically relate to the business of insurance."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare+Choice Improvement and Stabilization Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Payment reforms for 2003. Sec. 3. Change in Medicare+Choice reporting deadlines and annual, coordinated election period and delay in lock-in provisions. Sec. 4. Avoiding duplicative State regulation. Sec. 5. Demonstration projects for preferred provider organizations, point-of-service plans, MSA plans, and disease management programs. Sec. 6. Suspension of limitation for program reentry for 2003 and 2004. Sec. 7. Specialized Medicare+Choice plans for special needs beneficiaries. SEC. 2. PAYMENT REFORMS FOR 2003. (a) Payment Based on 100 Percent of Fee-for-Service Costs.-- (1) In general.--Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)) is amended by adding at the end the following: ``(D) Based on 100 percent of fee-for-service costs for 2003.--For 2003 only, the adjusted average per capita cost for that year, determined under section 1876(a)(4) for the Medicare+Choice payment area for services covered under parts A and B for individuals entitled to benefits under part A and enrolled under part B who are not enrolled in a Medicare+Choice plan under this part for the year, subject to the same adjustment as is provided to the annual per capita rate payment under paragraph (3)(B).''. (2) Conforming amendment.--Such section is further amended in the matter before subparagraph (A), by striking ``or (C)'' and inserting ``(C), or (D)''. (b) Revision of National Average Used in Calculation of Blend.-- Section 1853(c)(4)(B)(i)(II) of such Act (42 U.S.C. 1395w- 23(c)(4)(B)(i)(II)) is amended by inserting ``who (with respect to determinations for 2003) are enrolled in a Medicare+Choice plan'' after ``the average number of medicare beneficiaries''. (c) Elimination of Budget Neutrality.--Section 1853(c) of such Act (42 U.S.C. 1395w-23(c)) is amended-- (1) in paragraph (1)(A), by inserting ``(for a year other than 2003)'' after ``multiplied''; and (2) in paragraph (5), by inserting ``(other than 2003)'' after ``for each year''. SEC. 3. CHANGE IN MEDICARE+CHOICE REPORTING DEADLINES AND ANNUAL, COORDINATED ELECTION PERIOD AND DELAY IN LOCK-IN PROVISIONS. (a) Change in Reporting Deadline.--Section 1854(a)(1) of the Social Security Act (42 U.S.C. 1395w-24(a)(1)) is amended by striking ``July 1'' and inserting ``the third Monday in September''. (b) Delay in Annual, Coordinated Election Period.--Section 1851(e)(3)(B) of such Act (42 U.S.C. 1395w-21(e)(3)(B)) is amended by striking ``(beginning with 2000), the month of November before such year'' and inserting ``, the period beginning on November 15 and ending on December 31 of the year before such year''. (c) 1-Year Delay in Lock-In.--Section 1851(e) of such Act (42 U.S.C. 1395w-21(e)) is amended-- (1) in paragraph (2)(A)-- (A) by striking ``and 2001,'' and inserting ``, 2001, and 2002''; and (B) in the heading, by striking ``2001'' and inserting ``2002''; (2) in paragraph (2)(B)-- (A) in clause (i), by striking ``2002'' each place it appears and inserting ``2003''; and (B) in the heading that precedes clause (i), by striking ``2002'' and inserting ``2003''; (3) in paragraph (2)(C)(i), by striking ``2002'' each place it appears and inserting ``2003''; and (4) in paragraph (4)-- (A) in the matter preceding subparagraph (A), by striking ``2002'' and inserting ``2003''; and (B) in the second sentence, by striking ``2002'' and inserting ``2003''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2002. SEC. 4. AVOIDING DUPLICATIVE STATE REGULATION. (a) In General.--Section 1856(b)(3) of the Social Security Act (42 U.S.C. 1395w-26(b)(3)) is amended to read as follows: ``(3) Relation to state laws.--The standards established under this subsection shall supersede any State law or regulation (other than State licensing laws or State laws relating to plan solvency) with respect to Medicare+Choice plans which are offered by Medicare+Choice organizations under this part.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 5. DEMONSTRATION PROJECTS FOR PREFERRED PROVIDER ORGANIZATIONS, POINT-OF-SERVICE PLANS, MSA PLANS, AND DISEASE MANAGEMENT PROGRAMS. (a) In General.--The Secretary of Health and Human Services shall conduct a demonstration program (in this section referred to as the ``demonstration program'') under which payment rules to Medicare+Choice organizations under section 1853 of the Social Security Act are modified in order to promote the offering of Medicare+Choice plans by preferred provider organizations under the Medicare+Choice program, the offering of Medicare+Choice plans that provide point-of-service coverage for other than participating providers, and the offering of MSA plans and to promote the use of disease management programs by Medicare+Choice plans. (b) Projects.--Under the demonstration program, the Secretary shall provide for 10 demonstration projects. Each project shall extend over a period of not to exceed 3 years. Of the demonstration projects conducted under the demonstration, to the extent feasible, at least one such project shall promote the offering of a Medicare+Choice plan by a preferred provider organization, at least one project shall promote the offering of a Medicare+Choice plan that provides point-of-service coverage for other than participating providers, and at least two projects shall promote the offering of a MSA plan. (c) Risk-Sharing Arrangements.--Under the demonstration program, the Secretary may provide for the assumption of portions of the financial risk under a split or partial risk-sharing arrangement. (d) Waiver Authority.--The Secretary is authorized to waive such provisions of section 1853 of the Social Security Act (and related provisions of part C of title XVIII of such Act) as the Secretary determines to be necessary to conduct the demonstration program under this section. (e) Evaluation and Report.-- (1) Evaluation.--The Secretary shall provide for an evaluation of the demonstration program conducted under this section and its impact on enrollment, particularly in areas not previously served by Medicare+Choice plans. (2) Report.--The Secretary shall submit to Congress a report on the demonstration program and its evaluation. Such report shall include an assessment of the costs and savings to the medicare program as a result of the demonstration program and may include such recommendations for changes in the Medicare+Choice program as the Secretary deems appropriate. SEC. 6. SUSPENSION OF LIMITATION FOR PROGRAM REENTRY FOR 2003 AND 2004. Section 1857(c)(4) of the Social Security Act (42 U.S.C. 1395w- 27(c)(4)) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (2) by adding at the end the following new subparagraph: ``(C) Applicability in certain years.--Subparagraph (A) shall not apply for contracts entered into for contract year 2003 or 2004.''. SEC. 7. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS BENEFICIARIES. (a) Treatment as Coordinated Care Plan.--Section 1851(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-21(a)(2)(A)) is amended by adding at the end the following new sentence: ``Specialized Medicare+Choice plans for special needs beneficiaries (as defined in section 1859(b)(4)) may be any type of coordinated care plan.''. (b) Specialized Medicare+Choice Plan for Special Needs Beneficiaries Defined.--Section 1859(b) of such Act (42 U.S.C. 1395w- 29(b)) is amended by adding at the end the following new paragraph: ``(4) Specialized medicare+choice plans for special needs beneficiaries.-- ``(A) In general.--The term `specialized Medicare+Choice plan for special needs beneficiaries' means a Medicare+Choice plan that exclusively serves special needs beneficiaries (as defined in subparagraph (B)). ``(B) Special needs beneficiary.--The term `special needs beneficiary' means a Medicare+Choice eligible individual who-- ``(i) is institutionalized (as defined by the Secretary); ``(ii) is entitled to medical assistance under a State plan under title XIX; or ``(iii) meets such requirements as the Secretary may determine would benefit from enrollment in such a specialized Medicare+Choice plan described in subparagraph (A) for individuals with severe or disabling chronic conditions.''. (c) Restriction on Enrollment Permitted.--Section 1859 of such Act (42 U.S.C. 1395w-29) is amended by adding at the end the following new subsection: ``(f) Restriction on Enrollment for Specialized Medicare+Choice Plans for Special Needs Beneficiaries.--In the case of a specialized Medicare+Choice plan (as defined in subsection (b)(4)), notwithstanding any other provision of this part and in accordance with regulations of the Secretary and for periods before January 1, 2007, the plan may restrict the enrollment of individuals under the plan to individuals who are within one or more classes of special needs beneficiaries.''. (d) Report to Congress.--Not later than December 31, 2005, the Secretary of Health and Human Services shall submit to Congress a report that assesses the impact of specialized Medicare+Choice plans for special needs beneficiaries on the cost and quality of services provided to enrollees. Such report shall include an assessment of the costs and savings to the medicare program as a result of amendments made by subsections (a), (b), and (c). (e) Effective Dates.-- (1) In general.--The amendments made by subsections (a), (b), and (c) shall take effect upon the date of the enactment of this Act. (2) Deadline for issuance of requirements for special needs beneficiaries; transition.--No later than September 1, 2002, the Secretary of Health and Human Services shall issue final regulations to establish requirements for special needs beneficiaries under section 1859(b)(4)(B)(iii) of the Social Security Act, as added by subsection (b). (f) Extension of Municipal Health Service Demonstration Projects.-- The last sentence of section 9215(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (42 U.S.C. 1395b-1 note), as previously amended, is amended by striking ``December 31, 2004, but only with respect to'' and all that follows and inserting ``December 31, 2009, but only with respect to individuals who reside in the city in which the project is operated and so long as the total number of individuals participating in the project does not exceed the number of such individuals participating as of January 1, 1996.''.", "summary": "Medicare+Choice Improvement and Stabilization Act of 2001 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to make each annual Medicare+Choice capitation rate for a Medicare+Choice payment area for a contract year equal to the largest of the amounts specified under current law or, for 2003, 100 percent of the fee-for-service costs for the Medicare+Choice payment area for services covered under Medicare parts A (Hospital Insurance) or B (Supplementary Medical Insurance) for individuals entitled to benefits under part A and enrolled under part B who are not enrolled in a Medicare+Choice plan under this part for the year.Revises the calculation of the national standardized annual Medicare+Choice capitation rate used in determining the input-price-adjusted annual national Medicare+Choice capitation rate for a Medicare+Choice payment area for calculation of annual Medicare+Choice capitation rates for 2003.Eliminates budget neutrality in such calculation for a year other than 2003. Modifies requirements for establishment of standards (other than solvency standards) for provider-sponsored organizations for Medicare+Choice organizations and plans in relation to State laws to avoid duplicative State regulation.Directs the Secretary of Health and Human Services to conduct a demonstration program under which payment rules for Medicare+Choice organizations are modified in order to promote: (1) the offering of Medicare+Choice plans by preferred provider organizations, of Medicare+Choice plans that provide point-of-sale coverage for other than participating providers, and of MSA plans: and (2) the use of disease management programs by Medicare+Choice plans.Amends SSA title XVII part C to: (1) suspend the limitation for program reentry for Medicare+Choice organizations for 2003 and 2004; and (2) set forth rules governing specialized Medicare+Choice plans for special needs beneficiaries.Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for extension of municipal health service demonstration projects."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stepping Up to STEM Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Technology and the Internet have transformed nearly every aspect of both the global economy and our daily lives. In a technology-rich world, no amount of memorizing information will make a student competitive in the global labor market. America needs an education system that supports students from all walks of life in becoming inquisitive, resourceful thinkers who use technology to pursue knowledge, collaborate across geographic and cultural boundaries, acquire new skills, and solve complex problems. (2) Equality and equity of access is more than access to the same hardware, software, and broadband connections. It includes access to the best digital learning resources and access to teachers who know how to orchestrate the use of these resources in ways that inspire students and produce better learning outcomes. (3) Technology by itself will not improve student outcomes. What is needed are carefully designed innovations that include not just technology but also good learning content, effective instructional strategies, supports for teachers and school systems figuring out how to use the new approach, and the capacity to collect, analyze and reflect on data that will show whether or not the innovation is having the intended effects. (4) Effective learning technology implementations addressing the challenging aspects of language arts, mathematics and science that all students are expected to master. This will require partnerships among education agencies, education researchers, and technology developers with the common goal of harnessing technology to provide opportunities for deeper learning to students who would not otherwise experience them. SEC. 3. OFFICE OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION WITHIN THE DEPARTMENT OF EDUCATION. (a) Assistant Secretary.--Section 202 of the Department of Education Organization Act (20 U.S.C. 3412) is amended in subsection (b)(1)-- (1) in subparagraph (E) by striking ``and'' at the end; (2) by redesignating subparagraph (F) as (G); and (3) by inserting after subparagraph (E) the following: ``(F) an Assistant Secretary for Science, Technology, Engineering, and Mathematics Education (in this Act referred to as the `Assistant Secretary for STEM Education'); and''. (b) Office.--Title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the end the following: ``SEC. 221. OFFICE OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION. ``(a) In General.--There shall be in the Department of Education an Office of Science, Technology, Engineering, and Mathematics Education (in this section referred to as the `Office of STEM Education'), to be administered by the Assistant Secretary for STEM Education appointed under section 202(b). ``(b) Responsibilities.--The Assistant Secretary of STEM Education, acting through the Office, shall serve as the principal advisor to the Secretary on matters affecting science, technology, engineering, and math education, and shall administer such functions representing STEM education, including the coordination of STEM activities and programs across Federal agencies. ``(c) Evaluation and Report.--The Assistant Secretary for STEM Education shall conduct an independent evaluation, through grant or by contract, of the STEM education programs administered by the Department, at least every 5 years, which shall include-- ``(1) conducting an assessment of STEM education activities within the Department by using the evaluations and reports of these programs to determine these programs' impact on-- ``(A) the quantity of students taking advanced placement in STEM areas and seeking STEM degrees; ``(B) the quantity of students exposed to STEM content in the hours outside of the regular school day; ``(C) student academic achievement in mathematics and science; and ``(D) the increased number of highly qualified STEM teachers, STEM content coaches, and STEM master educators; and ``(2) the preparation and submission of a report on the results of the evaluation described in paragraph (1) to the Committee on Health, Education, Labor, and Pensions and the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Education and the Workforce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives. ``(d) Authorization of Appropriations.--There are authorized to be appropriated $1,500,000 to carry out this section for fiscal year 2014 and such sums as may be necessary for each fiscal year thereafter.''. SEC. 4. ADVANCED RESEARCH PROJECTS AGENCY FOR EDUCATION. Title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.), as amended by section 2 of this Act, is further amended by adding at the end the following: ``SEC. 222. ADVANCED RESEARCH PROJECTS AGENCY FOR EDUCATION. ``(a) Establishment.--There shall be in the Department an Advanced Research Projects Agency for Education (referred to in this section as `ARPA-ED'). ``(b) Purposes.--ARPA-ED is established under this section for the purposes of pursuing breakthrough research and development in educational technology and providing the effective use of the technology to improve achievement for all students, by-- ``(1) integrating STEM related content areas including science, technology, computer science, engineering design, mathematics and computational thinking; ``(2) identifying and promoting revolutionary advances in fundamental and applied sciences and engineering that could be translated into new learning technologies; ``(3) developing novel learning technologies, and the enabling processes and contexts for effective use of those technologies; ``(4) developing, testing, and evaluating the impact and efficacy of those technologies; ``(5) developing educational technology innovations including data analytic tools that help State educational agencies and local educational agencies with reporting required under Federal accountability mandates; ``(6) accelerating transformational technological advances in areas in which the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or adoption, or technical and market uncertainty; ``(7) coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and ``(8) encouraging educational research using new technologies and the data produced by the technologies. ``(c) Coordination.-- ``(1) The Agency shall work closely and collaboratively between agencies in order to maximize the Federal effort and investment to the Project. ``(2) The Agency shall work with the National Science Foundation's Cyber Learning Program. ``(d) Authorities of Secretary.--The Secretary is authorized to-- ``(1) appoint a Director, who shall be responsible for carrying out the purposes of ARPA-ED, as described in subsection (b), and such additional functions as the Secretary may prescribe; ``(2) establish processes for the development and execution of projects and the solicitation of entities to carry out the projects in a manner that is-- ``(A) tailored to the purposes of ARPA-ED and not constrained by other Department-wide administrative requirements that could detract from achieving program results; and ``(B) designed to heighten transparency, and public- and private-sector involvement, to ensure that investments are made in the most promising areas; ``(3) award grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (in accordance with such regulations as the Secretary may establish regarding other transactions); ``(4) obtain independent, periodic, rigorous evaluations, as appropriate, of-- ``(A) the effectiveness of the processes ARPA-ED is using to achieve its purposes; and ``(B) the effectiveness of individual projects assisted by ARPA-ED, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of ongoing projects assisted by ARPA-ED for further investment or increased scale; and ``(5) disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), the regional educational laboratories system established under section 174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564), or such other means as the Secretary determines to be appropriate, information on effective practices and technologies developed with ARPA-ED support. ``(e) Evaluation Funds.--The Secretary may use funds made available for ARPA-ED to pay the cost of the evaluations under subsection (c)(6). ``(f) Federal Advisory Committee Act.--Notwithstanding any other provision of law, any advisory committee convened by the Secretary to provide advice with respect to this section shall be exempt from the requirements of the Federal Advisory Committee Act (5 U.S.C. App.) and the definition of `employee' in section 2105 of title 5, United States Code, shall not be considered to include any appointee to such a committee. ``(g) Nonduplication.--To the maximum extent practicable, the Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or entered into pursuant to this section that are designed to carry out the purposes of ARPA-ED do not duplicate activities under programs carried out under Federal law other than this section by the Department or other Federal agencies.''. SEC. 5. STATE NETWORKS AND CONSORTIA ON SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION. (a) In General.--From amounts made available to carry out this section, the Secretary of Education shall make grants to eligible networks to expand STEM education. (b) Eligible Network Defined.--In this section, the term ``eligible network'' means a State-based STEM network or similar organization, which-- (1) may include the participation of State officials, educators, administrators, afterschool providers, out of school time educators, parents, industry leaders, philanthropists, and representatives from the STEM communities; (2) aims to increase student achievement and experiences in the STEM disciplines at the elementary schools and secondary schools in its State, and out of school programs and particularly for students with a high concentration of historically under represented students and at rural schools (within the meaning of part B of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6201 et seq.)); and (3) aims to increase the number of quality afterschool programs offering STEM learning opportunities, particularly for students from populations traditionally under-represented in the STEM fields. (c) Eligible Network Application.-- (1) In general.--An eligible network seeking a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Matching requirement.--In order to receive a grant under this section, an eligible network shall agree to provide, either directly or through private contributions, non-Federal matching funds equal to not less than 30 percent of the amount of the grant. (d) Uses of Funds.--Each eligible network receiving a grant under this section shall use the funds to carry out one or more of the following: (1) Testing, validating, sharing, and scaling up STEM education research, promising practices, and exemplary programs among members of the network and with other eligible networks receiving grants under this section. (2) Identifying points of weakness and strength among State STEM education efforts, prioritizing strategies for addressing problem areas, and communicating State needs to the Secretary. (3) Assisting in the implementation of rigorous career and college ready standards in STEM education for grades prekindergarten through grade 12 that reflect and take into consideration-- (A) career and college ready standards in STEM disciplines; (B) established international standards and 21st century skills that include critical thinking, problem solving, communication, collaboration, creativity, and innovation; (C) the needs of English language learners and special education students; and (D) the need to increase STEM literacy of prekindergarten through grade 12 students. (4) Assisting the development of innovative STEM assessments that measure interest, engagement, and content proficiency. (5) Supporting the implementation of STEM assessments that measure career and college ready standards. (6) Promoting and developing rigorous undergraduate pre- service teacher programs in institutions of higher education that emphasize STEM content with emphasis on the elementary educator. (7) Promoting and developing curriculum tools and professional development for STEM educators both in school and out of school. (8) Developing STEM career pathways that reflect the projected STEM workforce needs of the 21st century that may include mentoring programs and STEM professional outreach. (9) Developing STEM-related education and workforce training programs in secondary schools and community colleges to reflect the needs of the local community. (10) Developing systems for the implementation of expanded learning opportunities on school sites to enhance STEM education inside and outside of the classroom. (11) Promoting, supporting, and designing programs that develop STEM content coaches and master educators in order to strengthen core competencies of the classroom practitioner. (e) Evaluation and Report.--Not later than 2 years after receiving a grant under this section, each eligible network receiving such a grant shall-- (1) conduct periodic independent evaluations, by grant or by contract, of the eligible network's effectiveness at accomplishing the activities described in this section, which shall include an assessment of the impact of such activities on STEM teaching and learning; and (2) prepare and submit a report on the results of each evaluation described in paragraph (1) to the Secretary and make for dissemination to other STEM Networks. (f) Prohibitions.--In implementing this section, the Secretary may not-- (1) endorse, approve, or sanction any STEM curriculum designed for use in any elementary school, secondary school, or institution of higher education; or (2) engage in oversight, technical assistance, or activities that will require the adoption of a specific STEM program or instructional materials by a State, local educational agency, or school. (g) Total Amount of Grants.--The total amount of grants made under this section in any fiscal year may not exceed $20,000,000. (h) Definitions.--In this section: (1) The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term ``high concentration of low-income students'' has the meaning given such term in section 1707 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537). (3) The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) The term ``Secretary'' means the Secretary of Education. (5) The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of Northern Mariana Islands, American Samoa, and the United States Virgin Islands. (6) The term ``STEM'' means science, technology, engineering, and mathematics. (7) The term ``21st century readiness initiative'' means any initiative that-- (A) embeds core academic subjects with critical skills; and (B) is focused on ensuring that students are prepared for postsecondary education and careers, upon graduation from secondary school.", "summary": "Stepping Up to STEM Act of 2013 - Amends the Department of Education Organization Act to establish the Office of Science, Technology, Engineering, and Mathematics (STEM) Education within the Department of Education to administer STEM education. Directs the Office of STEM Education to conduct an independent evaluation of the Department's STEM Education programs at least once every five years. Establishes an Advanced Research Projects Agency for Education (ARPA-ED) within the Department to pursue breakthrough research and development in educational technology and to facilitate the effective use of that technology to improve student achievement. Directs the Secretary of Education to award matching grants to state-based STEM networks or similar organizations of STEM stakeholders to increase students' achievement in the STEM disciplines in elementary and secondary schools and in out of school and afterschool programs. Includes among grant uses: testing, sharing, and scaling up STEM education research, promising practices, and exemplary programs; identifying state STEM education weaknesses and prioritizing strategies to address them; implementing rigorous career and college ready standards in STEM education; developing and implementing innovative STEM assessments that measure student progress toward those career and college ready standards; promoting and developing pre- and in-service STEM teacher training; developing STEM career pathways and workforce education and training programs that reflect 21st century workforce needs; facilitating the implementation of expanded STEM learning opportunities on school sites; and promoting, supporting, and designing programs that develop STEM content coaches and master educators in order to strengthen core competencies of the classroom practitioner. Requires grantees to conduct periodic independent evaluations of their effectiveness in accomplishing those activities. Prohibits the Secretary from: (1) endorsing or approving any STEM curriculum designed for use in an elementary school, secondary school, or institution of higher education; or (2) requiring a state, local educational agency, or school to adopt a specific STEM program or instructional materials."}
{"article": ".-- (1) In general.--Section 233(e) of such Act (42 U.S.C. 433(e)) is amended by striking paragraph (2) and inserting the following new paragraphs: ``(2)(A) Except as provided in paragraph (4) or (5), the agreement transmitted to the Congress pursuant to paragraph (1) may enter into force according to its terms or upon the expiration of the period of 60 calendar days following the date of its transmittal to each House of the Congress (excluding Saturdays, Sundays, holidays, and days on which either House of Congress is not in session), whichever is later. ``(B) Whenever a document setting forth an agreement entered into under this section and the President's report in support of the agreement is transmitted to the Congress pursuant to paragraph (1), copies of such document shall be delivered to both Houses of Congress on the same day and shall be delivered to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session. ``(3)(A) Any document setting forth an agreement entered into under this section and transmitted to each House of the Congress pursuant to paragraph (1) shall set forth a determination of the Chief Actuary of the Social Security Administration as to whether there is expected, over the 75-year period following the date of the entry into force of the agreement, a net reduction in any positive actuarial balance for such period of the social security system established by this title (or a net increase in any negative actuarial balance for such period for such system) attributable to the operation of such agreement equal to at least 0.005 percent of the present value of taxable payroll for such period. ``(B) For purposes of this paragraph-- ``(i) The term `actuarial balance' means, with respect to a period, the difference between the adjusted summarized income rate over such period and the adjusted summarized cost rate over such period. ``(ii) The term `taxable payroll' means, for a period, the total wages (as defined in section 209) to be paid, and self- employment income (as defined in section 211(b)) to be derived, during such period. ``(iii) The term `adjusted summarized income rate' means, over a period, the ratio (expressed as a percentage) of the sum of the trust fund balance at the beginning of the period plus the present value of the total income from taxes during such period, to the present value of the taxable payroll for such period. ``(iv) The term `adjusted summarized cost rate' means, over a period, the ratio (expressed as a percentage) of the sum of the present value of the cost during such period plus the present value of the targeted trust fund balance, to the present value of the taxable payroll for the years for such period. ``(v) The term `trust fund balance' means the combined balance of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (hereinafter in this subparagraph referred to as the `Trust Funds'). ``(vi) The term `income from taxes' means, during a period, the amounts deposited in the Trust Funds as appropriations during the period based on taxes under chapters 2 and 21 and section 86 of the Internal Revenue Code of 1986. ``(vii) The term `cost' means, during a period, disbursements from the Trust Funds during such period, including scheduled benefit payments, special monthly payments to certain uninsured persons who have 3 or more quarters of coverage (and whose payments are therefore not reimbursable from the general fund of the Treasury), administrative expenses, net transfers from the Trust Funds to the Railroad Retirement program under financial-interchange provisions, and payments for vocational rehabilitation services for disabled beneficiaries, and excluding special monthly payments to certain uninsured persons whose payments are reimbursable from the general fund of the Treasury, and transfers under the interfund borrowing provisions of section 201(l). ``(viii) The term `target trust fund balance' means the trust fund balance, as of the end of the 75-year period described in subparagraph (A), necessary to support an OASDI trust fund ratio (as defined in section 201(l)(3)(B)(iii)) of 100 percent for the year following the last year of such period. ``(C) In making determinations under this paragraph, the Chief Actuary shall employ the intermediate assumptions of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund in its most recent annual report issued pursuant to section 201. ``(4) An agreement entered into under this section shall not enter into force if there is enacted into law, during the period of 60 calendar days specified in paragraph (2)(A), a bill or joint resolution disapproving such agreement. ``(5) In any case in which the determination of the Chief Actuary described in subparagraph (A) of paragraph (3) in connection with an agreement entered into under this section is that, with respect to the 75-year period described in such subparagraph, there is expected a net reduction, in the actuarial balance for such period of the social security system established by this title, which-- ``(A) is attributable to the operation of such agreement, and ``(B) is equal to at least 0.005 percent of the present value of taxable payroll for such period, such agreement shall not enter into force unless, during the period of 60 calendar days specified in paragraph (2)(A), there is enacted into law a bill or joint resolution approving such agreement. ``(6)(A) The provisions of this paragraph are enacted by the Congress-- ``(i) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of disapproval resolutions and approval resolutions, and they supersede other rules only to the extent that they are inconsistent therewith; and ``(ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. ``(B) During the period of 60 calendar days specified in paragraph (2)(A), it shall be in order as a matter of highest privilege in each House of the Congress to consider a bill or joint resolution described in paragraph (4) or (5) providing solely for the disapproval or approval of an agreement entered into under this section, if offered by the majority leader or minority leader of such House (or a designee). ``(C) For purposes of consideration of a bill or joint resolution described in paragraph (4) or (5) providing solely for approval or disapproval of an agreement under this section, the agreement shall not be subject to amendment after the transmittal to each House of the Congress pursuant to paragraph (1).''. (2) Effective date.--The amendment made by this subsection shall apply with respect to agreements, establishing totalization arrangements pursuant to section 233 of the Social Security Act, which are transmitted to the Congress on or after the date of the enactment of this Act. (3) Special rule.--Notwithstanding subsection (e) of section 233 of the Social Security Act (as in effect prior to the amendments made by this section), any agreement entered into pursuant to such section 233, establishing totalization arrangements between the social security system established by title II of such Act and the social security system of another country, which-- (A) was signed by the Commissioner of Social Security in June 2004, and (B) was transmitted to the Congress pursuant to such subsection (e) on or after September 1, 2007, and before the date of the enactment of this Act, shall be deemed not to have entered into force as of the date of the enactment of this Act and shall be deemed to enter into force after such date only as provided in section 233(e) of such Act (as amended by this section) as if such agreement had been transmitted to the Congress on the date on which the President transmits to the Congress on or after such date, pursuant to section 233(e)(1) of such Act (as amended by this section), a report in support of such agreement meeting the requirements of such section 233(e)(1) (as so amended). (c) Biennial Reports to the Congress Regarding Ongoing Operation of Totalization Agreements.-- (1) In general.--Section 233 of such Act (42 U.S.C. 433) is amended by adding at the end the following new subsection: ``Biennial Oversight Reports ``(f) The Commissioner of Social Security shall submit biennially to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report evaluating the operation, during the preceding 2-year period covered by the report, of each agreement entered into pursuant to this section. Such report shall include-- ``(1) if the report is submitted during the 10-year period following the date on which the agreement enters into force, the change in benefit costs under the social security system established by this title which is attributable to the agreement, as estimated as of the date of the report, and the change in contributions under such system which is attributable to such agreement, as so estimated, ``(2) information relating to actual, or perceived potential, fraudulent receipt of benefits attributable to the operation of the agreement under the social security system established by this title, ``(3) information relating to perceived problems with the integrity of the other country's data and records used in determining eligibility for benefits or benefit amounts, and ``(4) if the report is submitted during the 10-year period following the date on which the agreement enters into force, information relating to demographic or other trends that may cause future deviations from the original estimates of costs to each social security system which are attributable to the agreement.''. (2) Initial report.--The Commissioner of Social Security shall submit the initial report pursuant to section 233(f) of the Social Security Act (added by this subsection) not later than December 31, 2008. SEC. 203. SUSPENSION OF BENEFITS FOR INDIVIDUALS REMOVED FROM THE UNITED STATES. (a) In General.--Section 202(n)(1) of the Social Security Act (42 U.S.C. 402(n)(1)) is amended-- (1) in subparagraph (A), by striking ``, on the basis of his wages and self-employment income,''; (2) in subparagraph (B), by striking ``and'' at the end; (3) in subparagraph (C), by striking the period and inserting ``, and''; and (4) by adding at the end the following new subparagraph: ``(D) no lump sum death payment shall be made to such individual after the Commissioner of Social Security is notified by the Attorney General or the Secretary of Homeland Security that such individual has been so removed.''. (b) Effective Date.--The amendments made by this section shall apply to any individual with respect to whose removal from the United States the Commissioner of Social Security receives notification from the Attorney General or the Secretary of Homeland Security after the twelfth month that begins after the date of the enactment of this Act.", "summary": "New Employee Verification Act of 2008 - Amends the Immigration and Nationality Act (INA) to require employers to verify employee identification and employment eligibility under the Electronic Employment Verification System (EEVS) or the Secure Employment Eligibility Verification System (SEEVS) (as established by this Act). Permits employers subject to employee verification requirements to do so under EEVS or SEEVS. Sets forth provisions respecting: (1) voluntary and expedited participation; (2) employer penalties for failure to participate in EEVS or SEEVS; (3) employer and employee information and document requirements; (4) employer liability protection; (5) attestation; and (6) consequences of EEVS determinations. States that nothing in this Act shall be construed to require a national identification card. Repeals the employment eligibility pilot programs under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Amends title II (Old Age, Survivor's and Disability Insurance) of the Social Security Act (SSA) to direct the Commissioner of Social Security to establish EEVS utilizing information in the National Directory of New Hires. States that EEVS shall have the capacity to determine whether: (1) employer-submitted information is consistent with information maintained by the Commissioner with respect to U.S. citizens and nationals and by the Secretary of Homeland Security with respect to aliens; and (2) the individual is a citizen or national or is not an unauthorized alien. Sets forth provisions respecting: (1) submission for confirmation of an individual's identification and employment eligibility and related EEVs determinations; (2) administrative and judicial review of employment disapproval; (3) EEVS implementation; and (4) data use by EEVS. Directs the Commissioner to establish SEEVS to provide, through government certified private entities, for verification of identity and employment eligibility respecting new employees Permits an employer to opt out of SEEVS after one year's participation. Sets forth provisions respecting: (1) certification of entities; (2) database management, including limitations on accessibility and the use and storage of biometric data; (3) employer responsibilities; (4) employee protections; and (5) information security and confidentiality, including penalties for violations. Directs the Commissioner to establish the Employment Verification Advisory Council, which shall terminate five years after enactment of this Act. Amends INA to: (1) apply certain antidiscrimination provisions to EEVS and SEEVS; (2) increase civil money penalties for unfair employment practice violations; (3) increase civil money penalties for certain hiring, recruiting, and referral violations (reduces certain penalties for small employers, exempts certain good faith, first-time violations, and provides a safe harbor for certain contractors); and (4) increase criminal penalties for pattern or practice violations. Amends SSA to: (1) provide for disclosure to the Secretary of Homeland Security of certain National Directory of New Hires information about employees with the greatest number or percentage of mismatched social security information; (2) deny credit toward earnings benefits from unauthorized work; (3) revise totalization agreement provisions; and (4) prohibit survivor's lump sum death payments to individuals who have been removed from the United States under INA."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Health Quality Advisory Commission Act of 2007''. SEC. 2. RURAL HEALTH QUALITY ADVISORY COMMISSION AND DEMONSTRATION PROJECTS. (a) Rural Health Quality Advisory Commission.-- (1) Establishment.--Not later than 6 months after the date of the enactment of this section, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a commission to be known as the Rural Health Quality Advisory Commission (in this section referred to as the ``Commission''). (2) Duties of commission.-- (A) National plan.--The Commission shall develop, coordinate, and facilitate implementation of a national plan for rural health quality improvement. The national plan shall-- (i) identify objectives for rural health quality improvement; (ii) identify strategies to eliminate known gaps in rural health system capacity and improve rural health quality; and (iii) provide for Federal programs to identify opportunities for strengthening and aligning policies and programs to improve rural health quality. (B) Demonstration projects.--The Commission shall design demonstration projects to test alternative models for rural health quality improvement, including with respect to both personal and population health. (C) Monitoring.--The Commission shall monitor progress toward the objectives identified pursuant to paragraph (1)(A). (3) Membership.-- (A) Number.--The Commission shall be composed of 11 members appointed by the Secretary. (B) Selection.--The Secretary shall select the members of the Commission from among individuals with significant rural health care and health care quality expertise, including expertise in clinical health care, health care quality research, population or public health, or purchaser organizations. (4) Contracting authority.--Subject to the availability of funds, the Commission may enter into contracts and make other arrangements, as may be necessary to carry out the duties described in paragraph (2). (5) Staff.--Upon the request of the Commission, the Secretary may detail, on a reimbursable basis, any of the personnel of the Office of Rural Health Policy of the Health Resources and Services Administration, the Agency for Health Care Quality and Research, or the Centers for Medicare & Medicaid Services to the Commission to assist in carrying out this subsection. (6) Reports to congress.--Not later than 1 year after the establishment of the Commission, and annually thereafter, the Commission shall submit a report to the Congress on rural health quality. Each such report shall include the following: (A) An inventory of relevant programs and recommendations for improved coordination and integration of policy and programs. (B) An assessment of achievement of the objectives identified in the national plan developed under paragraph (2) and recommendations for realizing such objectives. (C) Recommendations on Federal legislation, regulations, or administrative policies to enhance rural health quality and outcomes. (b) Rural Health Quality Demonstration Projects.-- (1) In general.--Not later than 270 days after the date of the enactment of this section, the Secretary, in consultation with the Rural Health Quality Advisory Commission, the Office of Rural Health Policy of the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, and the Centers for Medicare & Medicaid Services, shall make grants to eligible entities for 5 demonstration projects to implement and evaluate methods for improving the quality of health care in rural communities. Each such demonstration project shall include-- (A) alternative community models that-- (i) will achieve greater integration of personal and population health services; and (ii) address safety, effectiveness, patient- or community-centeredness, timeliness, efficiency, and equity (the six aims identified by the Institute of Medicine of the National Academies in its report entitled ``Crossing the Quality Chasm: A New Health System for the 21st Century'' released on March 1, 2001); (B) innovative approaches to the financing and delivery of health services to achieve rural health quality goals; and (C) development of quality improvement support structures to assist rural health systems and professionals (such as workforce support structures, quality monitoring and reporting, clinical care protocols, and information technology applications). (2) Eligible entities.--In this subsection, the term ``eligible entity'' means a consortium that-- (A) shall include-- (i) at least one health care provider or health care delivery system located in a rural area; and (ii) at least one organization representing multiple community stakeholders; and (B) may include other partners such as rural research centers. (3) Consultation.--In developing the program for awarding grants under this subsection, the Secretary shall consult with the Administrator of the Agency for Healthcare Research and Quality, rural health care providers, rural health care researchers, and private and non-profit groups (including national associations) which are undertaking similar efforts. (4) Expedited waivers.--The Secretary shall expedite the processing of any waiver that-- (A) is authorized under title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 et seq.); and (B) is necessary to carry out a demonstration project under this subsection. (5) Demonstration project sites.--The Secretary shall ensure that the 5 demonstration projects funded under this subsection are conducted at a variety of sites representing the diversity of rural communities in the Nation. (6) Duration.--Each demonstration project under this subsection shall be for a period of 4 years. (7) Independent evaluation.--The Secretary shall enter into an arrangement with an entity that has experience working directly with rural health systems for the conduct of an independent evaluation of the program carried out under this subsection. (8) Report.--Not later than one year after the conclusion of all of the demonstration projects funded under this subsection, the Secretary shall submit a report to the Congress on the results of such projects. The report shall include-- (A) an evaluation of patient access to care, patient outcomes, and an analysis of the cost effectiveness of each such project; and (B) recommendations on Federal legislation, regulations, or administrative policies to enhance rural health quality and outcomes. (c) Appropriation.-- (1) In general.--Out of funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary to carry out this section $30,000,000 for the period of fiscal years 2008 through 2012. (2) Availability.-- (A) In general.--Funds appropriated under paragraph (1) shall remain available for expenditure through fiscal year 2012. (B) Report.--For purposes of carrying out subsection (b)(8), funds appropriated under paragraph (1) shall remain available for expenditure through fiscal year 2013. (3) Reservation.--Of the amount appropriated under paragraph (1), the Secretary shall reserve-- (A) $5,000,000 to carry out subsection (a); and (B) $25,000,000 to carry out subsection (b), of which-- (i) 2 percent shall be for the provision of technical assistance to grant recipients; and (ii) 5 percent shall be for independent evaluation under subsection (b)(7).", "summary": "Rural Health Quality Advisory Commission Act of 2007 - Directs the Secretary of Health and Human Services to establish the Rural Health Quality Advisory Commission to develop, coordinate, and facilitate implementation of a national plan for rural health quality improvements. Requires that such plan: (1) identify objectives for rural health quality improvement; (2) identify strategies to eliminate known gaps in rural health system capacity and improve rural health quality; and (3) provide for federal programs to identify opportunities for strengthening and aligning policies and programs to improve rural health quality. Directs the Commission to: (1) design demonstration projects to test alternative models for rural health quality improvement, including with respect to both personal and population health; and (2) monitor progress towards identified objectives. Requires the Secretary to make grants for demonstration projects to implement and evaluate methods for improving the quality of health care in rural communities that include: (1) alternative community models; (2) innovative approaches to the financing and delivery of health services; and (3) the development of quality improvement support structures to assist rural health systems and professionals. Directs the Secretary to: (1) expedite Medicaid and Medicare waivers as necessary to carry out such demonstration projects; and (2) provide for an independent evaluation of such projects."}
{"article": "SECTION 1. FINDINGS. The Congress finds as follows: (1) The over reliance of the United States on imported petroleum creates a major strategic vulnerability for the Nation, with nearly half of the energy supply of the United States dependent on foreign sources. (2) From the economically damaging Arab oil embargoes of 1973-74 and 1979 to the recession precipitated by rising oil prices which began in 1999, to the stock market's instability in early 2005 due to the cost of imported oil at near record highs of $55 per barrel, the economic stability of the United States has too often been shaken by economic forces outside its borders. (3) Increasing fuel prices have been a particular hardship on small, independent businesses particularly truckers and farmers, who have no choice but to pay ever-increasing fuel bills while absorbing these higher costs in today's economic environment. (4) This Act would help shift America's dependence away from foreign petroleum as an energy source toward alternative, renewable, domestic agricultural sources. Its aim is to convert the current petroleum trade deficit to a trade balance by replacing foreign sources of supply with steady increases of biobased fuels through domestic production. (5) Today, there are nearly 140,000,000 cars and 85,000,000 trucks on our highways. Of this amount, approximately 3,300,000 cars and trucks already on our highways will run on 85 percent ethanol (E-85), and this number is increasing. For the 2005 model year, there are 20 different models of vehicles capable of running on E-85. Yet given this market, the alternative fuel is used less than 1 percent of the time given that of the more than 187,000 retail locations selling motor fuel in the United States, only 400 stations across 38 States sell E-85. (6) Biodiesel production is also dramatically increasing, going from 5,000,000 gallons in 2001 to nearly 25,000,000 gallons in 2003. Daimler-Chrysler has also announced its intentions to initially fuel the Diesel Jeep Liberty with a 5 percent biodiesel blend, the first time a vehicle has been explicitly fueled with an alternative fuel as it rolls off the production line. (7) Currently the United States annually consumes about 7,171,885,000 barrels of petroleum. (164,000,000,000 gallons of vehicle fuels and 5,600,00,000 gallons of heating oil.) In 2002, 62 percent of these fuels were imported, part of a total $358,200,000,000 trade deficit with the rest of the world. Since 1983, the United States importation of petroleum and its derivatives has more than tripled, rising from 1,215,225,000 barrels in 1983 to 4,476,501,000 barrels in 2003. (8) Further Strategic Petroleum Reserve policy should encourage domestic production to the greatest extent possible. Currently, the Strategic Petroleum Reserve holds 670,700,000 barrels (out of a potential 727,000,000 barrels), sufficient to cushion the United States from wild price swings for a period of 53 days. None of the fuel in this Reserve is bio-based. In fact, 92.2 percent of the Strategic Petroleum Reserve has been purchased from foreign sources--41.9 percent from Mexico, 24 percent from the United Kingdom, and over 20 percent from OPEC nations. (9) Strategic Petroleum Reserve policy also should encourage the development of alternatives to the Nation's reliance on petroleum such as biomass fuels. (10) As a first step in diversification, the Strategic Petroleum Reserve should exchange 2,100,000 barrels from our current reserves for 32,000,000 gallons of ethanol and biodiesel, which could comprise less than 2 percent of the United States market, but yield a doubling of ethanol products. (11) The benefits of biofuels are as follows: (A) Energy security.-- (i) Biofuels hold potential to address our dependence on foreign energy sources immediately. With agricultural surpluses, commodity prices have reached record lows; concurrently world petroleum prices have reached record highs and are expected to continue rising as global petroleum reserves are drawn down over the next 25 years. It also is clear that economic conditions are favorable to utilize domestic surpluses of biobased oils to enhance the Nation's energy security. (ii) In the short term, biofuels can supply at least one-fifth of current United States fuel demand using existing technologies and capabilities. Additional plant research, newer processing and distribution technologies, and placing additional acres under cultivation can yield even greater results. (iii) Biofuels can be used with existing petroleum infrastructure and conventional equipment. (B) Economic security.-- (i) Continued dependence upon imported sources of oil means our Nation is strategically vulnerable to disruptions in our oil supply. (ii) Renewable biofuels domestically produced directly replace imported oil. (iii) Increased use of renewable biofuels would result in significant economic benefits to rural and urban areas and also reduce the trade deficit. (iv) According to the Department of Agriculture, a sustained annual market of 100,000,000 gallons of biodiesel alone would result in $170,000,000 in increased income to farmers. (v) Farmer-owned biofuels production has already resulted in improved income for farmers, as evidenced by the experience with State-supported rural development efforts in Minnesota where prices to corn producers have been increased by $1.00 per bushel. With the Department of Agriculture having forecast prices of $2.10 per bushel of corn for the 2004-2005 marketing year, the portion of the corn crop that goes for ethanol has a farm value of $2,100,000,000. (C) Environmental security.-- (i) The use of grain-based ethanol reduces greenhouse gas emissions from 35 to 46 percent compared with conventional gasoline. Biomass ethanol provides an even greater reduction. (ii) The American Lung Association of Metropolitan Chicago credits ethanol-blended reformulated gasoline with reducing smog- forming emissions by 25 percent since 1990. (iii) Ethanol reduces tailpipe carbon monoxide emissions by as much as 30 percent. (iv) Ethanol reduces exhaust volatile organic compounds emissions by 12 percent. (v) Ethanol reduces toxic emissions by 30 percent. (vi) Ethanol reduces particulate emissions, especially fine-particulates that pose a health threat to children, senior citizens, and those with respiratory ailments. (vii) Biodiesel contains no sulfur or aromatics associated with air pollution. (viii) The use of biodiesel provides a 78.5 percent reduction in CO<INF>2</INF> emissions compared to petroleum diesel and when burned in a conventional engine provides a substantial reduction of unburned hydrocarbons, carbon monoxide, and particulate matter. SEC. 2. ETHANOL AND BIODIESEL FUEL REQUIREMENTS. Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended as follows: (1) By redesignating subsection (o) as subsection (q). (2) By inserting after subsection (n) the following: ``(o) Renewable Fuel Program-- ``(1) Definitions.--In this section: ``(A) Ethanol.--The term `ethanol' means ethanol derived from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, including dedicated energy crops and trees, wood and wood residues, plants, grasses, agricultural residues, and fibers. The term includes ethanol derived from animal wastes, including poultry fats and poultry wastes, and other waste materials, or municipal solid waste. ``(B) Biodiesel.--The term `biodiesel'has the same meaning as when used in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)). ``(2) Renewable fuel program.--Not later than 1 year after the enactment of this subsection, the Administrator shall promulgate regulations ensuring that, after December 31, 2010, all gasoline or diesel motor vehicle fuel sold or dispensed to consumers in the contiguous United States, on an annual average basis, contains not less than 10 percent ethanol, in the case of gasoline, and not less than 5 percent biodiesel, in the case of diesel fuel.''.", "summary": "Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations ensuring that after December 31, 2010, all gasoline or diesel motor vehicle fuel sold or dispensed in the contiguous United States contains not less than ten percent ethanol (in the case of gasoline) and not less than five percent biodiesel (in the case of diesel fuel)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Prairie Potholes National Wildlife Refuge Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the area of the State of Iowa known as the Southern Prairie Potholes and consisting primarily of the Willow Creek watershed in Greene County offers exceptional potential for restoration into a bountiful native wildlife habitat area; (2) ongoing restoration and preservation of this wildlife habitat area will significantly enhance opportunities for outdoor recreation in this region, including waterfowl and upland hunting, wildlife viewing, and hiking; (3) the Southern Prairie Potholes area is located at the southwestern edge of the Des Moines Lobe left by glaciers 12,000 years ago; (4) the sloughs and grassland offer a substantial oasis of both wetland and grassland habitat at the southwestern boundary of the most heavily cropped region in Iowa; (5) because of the location of the Southern Prairie Potholes at the edge of the multistate and international region known as the Prairie Potholes Region, and along important migratory flyways, the restoration and preservation of the area is critical to providing wildlife habitat across the full extent of the Prairie Potholes Region; (6) this 23,500-acre area has for years been designated by the Prairie Pothole Joint Venture as a priority area for restoration and preservation because of the importance of the area to wildlife, facilitating gradual public land acquisition for habitat restoration; (7) the area already includes the 2,134-acre Dunbar Slough wetland complex of Federal and State land managed as popular wildlife and hunting areas serving Carroll, Greene, and Guthrie Counties and beyond; (8) national wildlife refuges increasingly follow a mosaic pattern with a core of publicly held land surrounded by privately held land also located within the refuge boundary; (9) private ownership and uses are not affected for private land within the designated boundaries of the refuge, but private landowners may be provided increased opportunities for partnering on conservation or restoration practices; (10) restoration and preservation of the Southern Prairie Potholes area will benefit hundreds of birds, mammals, butterflies, reptiles, and amphibians that have been classified as species of greatest conservation need, including the endangered Blanding's turtle; (11) restoration of grassland and wetland in the area will contribute to improved flood control and water quality downstream, as the Middle Raccoon River is the major water source for the Des Moines metropolitan region and other communities; (12) the Southern Prairie Potholes area offers unique recreational appeal because the area is adjacent to the existing Whiterock Conservancy, a 4,300-acre land trust dedicated to conserving and protecting the natural resources of Iowa and engaging the public with the landscape; (13) Whiterock Conservancy offers outdoor recreation and education and includes a major new Backcountry Trail complex; (14) the proximity of the Southern Prairie Potholes to the largest metropolitan area in Iowa adds to the ability of the area to provide natural resource experiences to a broad community; and (15) the area is already attracting cyclists, and that appeal will grow with ongoing development of the cross-country American Discovery Trail transecting the area. SEC. 3. DEFINITIONS. In this Act: (1) Refuge.--The term ``Refuge'' means the Southern Prairie Potholes National Wildlife Refuge established under section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ESTABLISHMENT AND PURPOSE OF REFUGE. (a) Establishment.-- (1) In general.--The Secretary shall establish the Southern Prairie Potholes National Wildlife Refuge, consisting of approximately 23,500 acres of Federal land, water, and interests in land and water within the boundaries depicted on the map entitled ``Southern Prairie Potholes Project Area'' and dated August 26, 2014. (2) Boundary revisions.--The Secretary shall make such minor revisions of the boundaries of the Refuge as may be appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of property within the Refuge. (3) Availability of map.--The Secretary shall keep the map referred to in paragraph (1) available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Purposes.--The purposes of the Refuge are-- (1) to enhance opportunities for outdoor recreation, including waterfowl and upland hunting, hiking, native habitat exploration, and wildlife viewing; (2) to provide for the restoration or preservation of Refuge land to native wetland and grassland habitats and landscapes; (3) to provide for the restoration and conservation of native plants and animal communities on suitable sites in the Southern Prairie Potholes area, including the protection of threatened and endangered species and the restoration of extirpated species; (4) to provide critical travel and nesting habitat for migratory birds; (5) to provide opportunities to private landowners to access technical or financial assistance for the voluntary restoration of the land of the private landowners for the benefit of fish and wildlife; (6) to provide for outdoor recreation, including hunting, hiking, paddling, and wildlife viewing to the public; and (7) to facilitate the education of the public, especially young people, about nature, the environment, and the conservation of the natural resources. (c) Effective Date.-- (1) In general.--The establishment of the Refuge shall take effect on the date on which the Secretary publishes a notice that sufficient property has been acquired by the United States within the boundaries described in subsection (a)(1) to constitute an area that can be efficiently managed as a National Wildlife Refuge. (2) Publication.--The Secretary shall publish the notice described in paragraph (1) in the Federal Register and publications of local circulation in the vicinity of the area within the boundaries described in subsection (a)(1). SEC. 5. ADMINISTRATION OF REFUGE. (a) In General.--Subject to the purposes described in section 4(b), the Secretary shall administer all land, water, and interests in land and water acquired under this Act in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.). (b) Additional Authority.--The Secretary may use such additional statutory authority as may be available for the conservation of fish and wildlife, and the provision of fish- and wildlife-oriented recreational opportunities, as the Secretary considers appropriate to carry out the purposes of this Act. (c) Priority Uses.--In providing opportunities for compatible fish- and wildlife-oriented recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1996 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge. (d) Volunteers and Partnerships.--The Secretary shall encourage the use of volunteers and facilitate partnerships among the United States Fish and Wildlife Service, local communities, conservation organizations, and other non-Federal entities to promote public awareness, conservation, and priority uses of the resources of the Refuge. SEC. 6. ACQUISITION OF LAND AND WATER. (a) In General.--Subject to subsection (c) and the availability of appropriations, the Secretary may acquire up to 23,500 acres of land and water, or interests in land and water, within the boundaries of the Refuge as described in section 4(a)(1). (b) Inclusion in Refuge.--Any land, water, or interests acquired by the Secretary under this section shall be part of the Refuge. (c) Manner of Acquisition.--All acquisition of land or water under this section shall be made in a voluntary manner from willing sellers only. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.", "summary": "Southern Prairie Potholes National Wildlife Refuge Act - Directs the Secretary of the Interior to establish the approximately 23,500-acre Southern Prairie Potholes National Wildlife Refuge in Iowa. Authorizes the Secretary to acquire land and water within the boundaries of the Refuge from willing sellers. Lists as purposes of the Refuge to: (1) enhance opportunities for outdoor recreation; (2) provide for the restoration or preservation of Refuge land to native wetland and grassland habitats and landscapes; (3) provide for the restoration and conservation of native plants and animal communities; (4) provide critical travel and nesting habitat for migratory birds; (5) provide opportunities to private landowners to access assistance for the voluntary restoration of land for the benefit of fish and wildlife; and (6) facilitate the education of the public about nature, the environment, and the conservation of the natural resources. Directs the Secretary to: (1) administer all land, water, and interests therein acquired under this Act in accordance with the National Wildlife Refuge System Administration Act of 1966; (2) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge; and (3) encourage the use of volunteers and facilitate partnerships to promote public awareness, conservation, and priority uses of Refuge resources. ."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Sexual Assault Victims Empowerment Act'' or the ``Military SAVE Act''. SEC. 2. PILOT PROGRAM FOR PRIVATE HEALTH CARE FOR VETERANS WHO ARE SURVIVORS OF MILITARY SEXUAL TRAUMA. (a) Establishment.--The Secretary of Veterans Affairs shall carry out a pilot program to furnish hospital care and medical services to eligible veterans through non-Department health care providers to treat injuries or illnesses which, in the judgment of a professional employed by the Department, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the veteran was serving on active duty, active duty for training, or inactive duty training. (b) Duration.--The Secretary shall carry out the pilot program under subsection (a) for a 3-year period. If at the completion of the pilot program an eligible veteran is receiving hospital care and medical services from a non-Department health care provider under the pilot program, the Secretary may approve, on a case-by-case basis, the continuation of such hospital care and medical services from that non- Department health care provider until the completion of the episode of care. (c) Eligible Veterans.--A veteran is eligible to participate in the pilot program under subsection (a) if the veteran-- (1) is eligible to receive counseling and appropriate care and services under section 1720D of title 38, United States Code; and (2) resides in a site selected under subsection (d). (d) Sites.-- (1) Selection.--The Secretary shall select not more than five sites in which to carry out the pilot program under subsection (a). Each site shall meet each of the following criteria: (A) Except as provided by paragraph (2), the site consists of a city with a population between 200,000 and 500,000, as determined by the Bureau of the Census as of the first day of the pilot program. (B) The site is in a State in which the National Violence Against Women Prevention Research Center or the Centers for Disease Control and Prevention, or both, has determined the rate of sexual assault to be a substantial problem. (C) The site is in a State that, as of the first day of the pilot program, has a weighted percentage of reported rape of not less than 20 percent but not more than 30 percent of sexual assault cases, in accordance with the finding of the Centers for Disease Control and Prevention contained in the ```Lifetime Prevalence of Sexual Violence by any Perpetrator'' (NISVS 2010). (2) Rural site.--Not fewer than one site selected under paragraph (1) shall be rural, as determined by the Secretary. (e) Participation.-- (1) Election.--Subject to paragraph (2), an eligible veteran may elect to participate in the pilot program under subsection (a). Such election shall not affect the ability of the veteran to receive health care furnished by Department providers. (2) Number.--Not more than 75 veterans may participate in the pilot program under subsection (a) at each site selected under subsection (d). (3) Choice of non-department health care providers.--An eligible veteran who participates in the pilot program under subsection (a) may freely choose from which non-Department health care provider the veteran receives hospital care or medical services under the pilot program, except that the Secretary shall-- (A) ensure that each such non-Department health care provider maintains at least the same or similar credentials and licenses as those credentials and licenses that are required of health care providers of the Department, as determined by the Secretary for the purposes of this section; and (B) make a reasonable effort to ensure that such non-Department health care provider is familiar with the conditions and concerns that affect members of the Armed Forces and veterans and is trained in evidence- based psychotherapy. (4) Provision of information.--The Secretary shall-- (A) notify eligible veterans of the ability to make an election under paragraph (1); and (B) provide to such veterans educational referral materials, including through pamphlets and internet websites, on the non-Department providers in the sites selected under subsection (d). (f) Authorization and Monitoring of Care.--In accordance with subsection (e), the Secretary shall ensure that the Department of Veterans Affairs authorizes and monitors the hospital care and medical services furnished under the pilot program for appropriateness and necessity. In authorizing and monitoring such care, the Secretary shall-- (1) treat a non-Department health care provider that furnishes to such a veteran hospital care or medical services under the pilot program as an authorized recipient of records of such veteran for purposes of section 7332(b) of title 38, United States Code; and (2) ensure that such non-Department health care provider transmits to the Department such records as the Secretary determines appropriate. (g) Payments.-- (1) Current providers.--If a non-Department health care provider has entered into a contract, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services to veterans, the Secretary shall pay the health care provider for hospital care or medical services furnished under this section using the same rates and payment schedules as provided for in such contract, agreement, or other arrangement. (2) New providers.--If a non-Department health care provider has not entered into a contract, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services to veterans, the Secretary shall pay the health care provider for hospital care or medical services furnished under this section using the same rates and payment schedule as if such care and services was furnished pursuant to section 1703 of title 38, United States Code. (3) New contracts and agreements.--The Secretary shall take reasonable efforts to enter into a contract, agreement, or other arrangement with a non-Department health care provider described in subsection (a) to ensure that future care and services authorized by the Secretary and furnished by the provider are subject to such a contract, agreement, or other arrangement. (h) Surveys.--The Secretary shall conduct a survey of a sample of eligible veterans to assess the hospital care and medical services furnished to such veterans either pursuant to this section or section 1720D of title 38, United States Code, as the case may be. (i) Report.--Not later than 60 days before the completion of the pilot program under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the pilot program. The report shall include the following: (1) The results of the pilot program, including, to the extent possible, an assessment of the health outcomes of veterans who participated in the pilot program. (2) The recommendation of the Secretary with respect to extending or making permanent the pilot program. (j) Definitions.--In this section: (1) The term ``non-Department health care provider'' means an entity specified in section 101(a)(1)(B) of section 101 of the Veterans Access, Choice, and Accountability Act of 2015 (Public Law 113-146; 38 U.S.C. 1701) or any other health care provider that has entered into a contract, agreement, or other arrangement with the Secretary pursuant to another provision of law to furnish hospital care or medical services to veterans. (2) The term ``sexual harassment'' has the meaning given that term in section 1720D of title 38, United States Code. (3) The term ``State'' has the meaning given that term in section 101(20) of title 38, United States Code. SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to be appropriated to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated. Passed the House of Representatives May 21, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Military Sexual Assault Victims Empowerment Act or the Military SAVE Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program of hospital care and medical services for eligible veterans at non-VA health care providers to treat injuries or illnesses resulting from sexual assault, battery, or harassment while the veteran was on active duty, active duty for training, or inactive duty training. Program participation shall not affect a veteran's ability to receive VA health care. An eligible veteran may elect to participate in the program and choose his or her provider as long as the provider meets VA requirements. The program shall be carried out at not more than five sites that meet criteria of city size and rates of sexual assault and rape. At least one site shall be a rural site and not more than 75 veterans may participate at any one site. The bill sets forth payment provisions for current and new non-VA providers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Date Labeling Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) As of the date of enactment of this Act, date labeling practices on food packaging cause confusion with ``sell-by'', ``best-by'', ``use-by'', and ``best before'' dates, leading up to 90 percent of individuals in the United States to occasionally throw out still-fresh food. (2) Confusion over the meaning of date labels is estimated to account for 20 percent of consumer waste of safe, edible food, leading to approximately $29,000,000,000 of wasted consumer spending each year. (3) Consumer education and standardized date labeling are the top 2 most cost-effective strategies for reducing food waste, by economic value per ton diverted. (4) Wasted food costs consumers and industry money, squanders important natural resources that are used to grow, process, distribute, and store the food supply of the United States, and represents a missed opportunity to feed the millions of food insecure households in the United States that are struggling to access healthy, affordable food. SEC. 3. DEFINITIONS. In this Act: (1) Administering secretaries.--The term ``administering Secretaries'' means-- (A) with respect to products described in paragraph (4)(A), the Secretary of Agriculture; and (B) with respect to products described in paragraph (4)(B), the Secretary of Health and Human Services. (2) Food labeler.--The term ``food labeler'' means the producer, manufacturer, distributor, or retailer that places a date label on food packaging of a product. (3) Quality date.--The term ``quality date'' means a date voluntarily printed on food packaging that is intended to communicate to consumers the date after which the quality of the product may begin to deteriorate, but may still be acceptable for consumption. (4) Ready-to-eat product.--The term ``ready-to-eat product'' means-- (A) with respect to a product under the jurisdiction of the Secretary of Agriculture, a product that-- (i) is in a form that is edible without additional preparation to achieve food safety and may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes; and (ii) is-- (I) a poultry product, as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453); (II) a meat food product, as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601); or (III) an egg product, as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033); and (B) with respect to a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) under the jurisdiction of the Secretary of Health and Human Services-- (i) a food that is normally eaten in its raw state; or (ii) any other food, including a processed food, for which it is reasonably foreseeable that the food will be eaten without further processing that would significantly minimize biological hazards. (5) Safety date.--The term ``safety date'' means a date printed on food packaging of a ready-to-eat product, which signifies the end of the estimated period of shelf life under any stated storage conditions, after which the product may pose a health safety risk. SEC. 4. QUALITY DATES AND SAFETY DATES. (a) Quality Dates.-- (1) In general.--If a food labeler includes a quality date on food packaging, the label shall use the uniform quality date label phrase under paragraph (2). (2) Uniform phrase.--The uniform quality date label phrase under this paragraph shall be ``best if used by'', unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). (3) Option of the labeler.--The decision to include a quality date on food packaging shall be at the discretion of the food labeler. (b) Safety Dates.-- (1) In general.--The label of a ready-to-eat product shall include a safety date that is immediately preceded by the uniform safety date label phrase under paragraph (2) if the ready-to-eat product-- (A) meets the criteria described in paragraph (3)(A) and is not exempt under paragraph (3)(B)(ii); or (B) is listed in accordance with paragraph (3)(B)(i). (2) Uniform phrase.--The uniform safety date label phrase under this paragraph shall be `expires on', unless and until the administering Secretaries jointly specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). (3) High-risk ready-to-eat products.-- (A) In general.--The administering Secretaries, acting jointly, shall describe criteria that determine what ready-to-eat products may have a high level of risk associated with consumption after a certain date, including those that may be high or very high risk for Listeria monocytogenes or other contaminants or pathogens causing foodborne illness. (B) Additional foods; exempt foods.--The administering Secretaries may, with respect to the products under the jurisdiction of the administering Secretaries, respectively-- (i) list additional ready-to-eat products that are high risk, but do not meet the criteria described in subparagraph (A); or (ii) exempt specific ready-to-eat products that meet the criteria described in subparagraph (A), but do not actually pose a high level of risk associated with consumption after a certain date. (C) Review and updates.--Not less than once every 4 years, the administering Secretaries, acting jointly, shall review and, as the administering Secretaries determine appropriate, shall update-- (i) the criteria described in subparagraph (A); and (ii) the list and exemptions described in subparagraph (B). (c) Quality Date and Safety Date Labeling.-- (1) In general.--The quality date and safety date, as applicable, and immediately adjacent uniform quality date label phrase or safety date label phrase shall be-- (A) in single easy-to-read type style using upper and lower case letters in the standard form; (B) in a type size no smaller than 8 point; and (C) located in a conspicuous place on the package of the food. (2) Date format.--Each quality date and safety date shall be stated in terms of day and month and, as appropriate, year. (d) Guidance.--The Commissioner of Food and Drugs and the Secretary of Agriculture shall establish guidance for food labelers on how to determine quality dates and safety dates for food products. (e) Sale or Donation After Quality Date.--No one shall prohibit the sale, donation, or use of any product after the quality date for the product has passed. (f) Education.--Not later than 1 year after the date of enactment of this Act, the administering Secretaries, acting jointly, shall provide consumer education and outreach on the meaning of quality date and safety date food labels. (g) Rule of Construction; Preemption.-- (1) Rule of construction.--Nothing in this section shall be construed to prohibit any State or political subdivision of a State from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the safety date. (2) Preemption.--No State or political subdivision of a State may establish or continue in effect any requirement that-- (A) relates to the inclusion in food labeling of a quality date or a safety date that is different from or in addition to, or that is otherwise not identical with, the requirements under this section; or (B) prohibits the sale or donation of foods based on passage of the quality date. (3) Enforcement.--The administering Secretaries, acting jointly and in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform safety date label phrase are standardized across all food products. (4) Savings.--Nothing in this Act, nor any amendment made by this Act, nor any standard or requirement imposed pursuant to this Act shall be construed to preempt, displace, or supplant any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including those for civil damage, or a penalty for criminal conduct. (h) Time Temperature Indicator Labels.--Nothing in this section shall be construed to prohibit or restrict the use of time-temperature indicator labels or similar technology that is consistent with the requirements of this Act. (i) Delayed Applicability.--This section shall apply only with respect to food products that are labeled on or after a date that is 2 years after the date of enactment of this Act. SEC. 5. MISBRANDING VIOLATION FOR QUALITY DATES AND SAFETY DATES IN FOOD LABELING. (a) FDA Violations.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) if its labeling is in violation of section 4 of the Food Date Labeling Act of 2016 (relating to quality dates and safety dates).''. (b) Poultry Products.--Section 4(h) of the Poultry Products Inspection Act (21 U.S.C. 453(h)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if it does not bear a label in accordance with section 4 of the Food Date Labeling Act of 2016.''. (c) Meat Products.--Section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if it does not bear a label in accordance with section 4 of the Food Date Labeling Act of 2016.''. (d) Egg Products.--Section 7(b) of the Egg Products Inspection Act (21 U.S.C. 1036(b)) is amended in the first sentence by adding before the period at the end ``or if it does not bear a label in accordance with section 4 of the Food Date Labeling Act of 2016''. SEC. 6. REPORT TO CONGRESS. Not later than 5 years after the date of enactment of this Act, the administering Secretaries, acting jointly, shall report to the appropriate committees of Congress on the progress in the reduction of food waste that can be attributed to the standardization of food date labeling and consumer education required by this Act and the amendments made by this Act.", "summary": "Food Date Labeling Act of 2016 This bill establishes requirements that: (1) address food waste that occurs when people throw out fresh food because of their confusion over the meaning of expiration dates on food labels and whether or not the food is still safe to eat, and (2) standardize quality date and safety date food labels. Producers, manufacturers, distributors, or retailers that place a date label on food packaging of a product (food labelers) must use the phrases "best if used by" to indicate food quality and the phrase "expires on" to warn of food that may be unsafe to eat after a specified date. While labelers may voluntarily choose to include a quality date on packaging, they must include a safety date on ready-to-eat products. The Food and Drug Administration and the Department of Agriculture (USDA) must establish guidance for food labelers on how to determine quality dates and safety dates for food products. No one may prohibit the sale, donation, or use of a product after the quality date for the product has passed. USDA and the Department of Health and Human Services must educate consumers on the meaning of quality date and safety date food labels."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Teaching and Learning Through Education Portals Act''. SEC. 2. DEFINITIONS. In this Act: (1) 21st century skills.--The term ``21st century skills''-- (A) means skills that students need to succeed in school, work, and life; and (B) includes-- (i) skills related either to core academic subjects or to 21st century themes; (ii) learning and innovation skills, such as-- (I) creativity and innovation; (II) critical thinking and problem solving; or (III) communication and collaboration; and (iii) life and career skills to prepare students for the global economy, such as-- (I) flexibility and adaptability; (II) productivity and accountability; or (III) leadership and responsibility. (2) Core academic subjects; educational agencies; schools; state.--The terms ``core academic subjects'', ``elementary school'', ``local educational agency'', ``secondary school'', ``State'', and ``State educational agency'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Covered educator.--The term ``covered educator'' means a teacher, administrator, or other professional staff member, at a covered school. (4) Covered parent.--The term ``covered parent'' means the parent of a covered student. (5) Covered school.--The term ``covered school'' means a Head Start agency operating a Head Start program, or a public school that is a preschool, elementary school, secondary school, or institution of higher education (including such an institution offering a program leading to a baccalaureate degree or a program leading to an advanced degree). (6) Covered student.--The term ``covered student'' means a student at a covered school. (7) Covered teacher.--The term ``covered teacher'' means a teacher at a covered school. (8) Education technology.--The term ``education technology'' means any technology resource that improves the learning, training, and engagement of students or helps teachers learn, improve their knowledge, and practice. (9) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in sections 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002). (10) Professional development.--The term ``professional development'' means a resource or training that increases a teacher's skills, content knowledge, or other information that has a positive impact on student learning. (11) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 3. GRANTS. (a) In General.--The Secretary may award grants to eligible States, to pay for the Federal share of the cost of implementing and maintaining education portal initiatives. (b) Amounts.--The Secretary may award the grants for periods of not less than 1 year and not more than 3 years. (c) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (a) shall be 50 percent. (2) Non-federal share.--The State may provide the non- Federal share of the cost in cash or in kind, fairly evaluated, including plant, equipment, or services. The State may provide the non-Federal share from State, local, or private sources. SEC. 4. APPLICATIONS AND AWARDS. (a) In General.--To be eligible to receive a grant under this section for an initiative, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents.--The application shall contain, at a minimum-- (1) a comprehensive plan for the initiative for which the State seeks the grant, including evidence that the initiative meets the requirements of subsections (a) and (c) of section 5; (2) information describing how the State will provide the non-Federal share of the cost described in section 3(a), and will continue to provide that share during the implementation of the initiative and the remainder of the grant period; (3) information describing how the State will meet the maintenance of effort requirements in section 6; (4) information explaining the protocol the State will use to ensure safe and legal access to the education portal; (5) an assurance that the State has established or will establish an advisory panel, to provide advice on the implementation and maintenance of the initiative, including representatives of leaders in school districts, leaders at institutions of higher education, State educational agencies, parents, and teachers; and (6) a plan to ensure sufficient statewide bandwidth capacity and systems access to implement and maintain the State education portal. (c) Awards.--In determining the amounts of grants under this Act, the Secretary-- (1) shall take into consideration the extent to which a State has developed and implemented an education portal initiative prior to the date of the submission of the application involved; but (2) shall not penalize States that have made greater progress in developing and implementing such initiatives. SEC. 5. USE OF FUNDS. (a) Required Uses.--A State that receives a grant under this Act for a fiscal year shall use the funds made available through the grant to implement or maintain an education portal initiative that includes-- (1) collecting and making available-- (A) high quality resources (including data, tools, and digital media content) for covered educators, covered students, and covered parents, that support teaching, leading, and learning, and are, as appropriate, aligned with State education standards; and (B) information for covered teachers to use in assisting covered students to attain skills such as 21st century skills; and (2) collecting resources for ongoing and sustainable professional development for covered educators, related to the use of education technology, and making the resources available through the implementation of research-based methods and strategies for teacher coaching, collaborating, or mentoring. (b) Allowable Uses.--The State may use the funds made available through the grant for such an initiative, for a portal that-- (1) gives covered educators access to formative assessment and other resources to address various student learning styles, needs, and achievement levels; (2) provides an entry point to other information or services, including information on model examples of effective classroom practices, subscriptions or data systems, content standards, lesson plans, courses of study, engaging interactive media, Web resources, e-mail list management software, online portfolios, after-school program resources, and other educational resources; (3) provides access to technology-based curriculum resources and tools that promote the teaching and learning of 21st century skills; (4) enables covered educators to quickly search for lesson plans, professional development resources, model examples of effective classroom practices, or other resources, by content standard, grade level, or topic; (5) provides an online support network or community for covered educators to collaborate on and discuss teaching, learning, curricula, and experiences, and serves as a communication tool between covered educators and covered parents; (6) includes digital media content developed by a television public broadcasting entity in coordination with the grant recipient; or (7) makes available access to 1 or more resource sections of the education portal, subject to the protocol described in section 4(b)(4), by covered education, covered students, and covered parents, from other States (with no requirement for State-specific log-ins), so that those covered educators, covered students, and covered parents can benefit from resources developed in the State, thereby expanding access to the national learning community. (c) Provision of and Access to Resources.--The covered educators, covered students, and covered parents in the State may provide resources and information for the education portal, subject to the protocol described in section 4(b)(4). The resources and information in the education portal shall be accessible statewide by the educators, students, and parents, subject to the protocol. (d) Other Federal Funds.--A State that receives a grant under part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) may use funds made available through that grant to maintain (but not implement) the State's education portal initiative under this Act, after the end of the period in which the State receives funding under this Act. (e) Conforming Amendment.--Section 2113(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(a)) is amended by striking ``A'' and inserting ``Subject to section 5 of the Empowering Teaching and Learning Through Education Portals Act, a''. SEC. 6. MAINTENANCE OF EFFORT. (a) In General.--A State that receives a grant under this Act for a fiscal year shall maintain the expenditures of the State for education portal initiatives at a level not less than the level of such expenditures of the State for the fiscal year preceding the first fiscal year for which the State received such a grant. (b) Reduction.--If the Secretary determines that a State, during a fiscal year, expends less than the sum required to comply with subsection (a), the Secretary shall-- (1) determine the difference between the required sum and the expenditure; and (2) reduce the State's grant under this Act for the following year by the amount of the difference. SEC. 7. EVALUATIONS AND CONFERENCE. (a) Federal Evaluation.--The Secretary shall conduct an evaluation of each initiative funded under this Act. The Secretary shall submit a report containing the results of the evaluation to Congress. (b) Federal Conference.--Not less often than once every 2 years, the Secretary shall hold a conference for advisory panels described in section 4(b)(5), to share information on best practices relating to education portal initiatives. (c) State Evaluations.--Each State that receives a grant under this Act shall conduct an evaluation of the initiative funded under the grant, using funds provided as part of the non-Federal share of the costs described in section 3(a). The State shall prepare and submit to the Secretary a report containing the results of the evaluation. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $100,000,000 for each of fiscal years 2009 through 2012, and such sums as may be necessary for each of the following 2 fiscal years. SEC. 9. SPECIAL RULES RELATING TO CORPORATE CHARITABLE CONTRIBUTIONS TO EDUCATION PORTAL PROJECTS OF ELIGIBLE STATES. (a) In General.--Paragraph (2) of Section 170(b) of the Internal Revenue Code of 1986 (related to percentage limitations) is amended by redesignating subparagraphs (C) and (D), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Special rule for corporate contributions to education portal projects of eligible states.-- ``(i) In general.--In the case of qualified education portal project contributions-- ``(I) subparagraph (A) shall be applied separately with respect to such contributions and with respect to other charitable contributions of the taxpayer, and ``(II) in applying subparagraph (A) to such qualified education portal project contributions, subparagraph (A) shall be applied by substituting `50 percent' for `10 percent'. ``(ii) Qualified education portal project contribution.--For purposes of this paragraph, the term `qualified education portal project contribution' means a charitable contribution in cash-- ``(I) to a State (as defined in section 2 of the Empowering Teaching and Learning Through Education Portals Act) which has a grant application approved under section 4 of such Act, and ``(II) for the purpose of paying the non-Federal share of the cost of implementing and maintaining education portal initiatives (within the meaning of section 3 of such Act).''. (b) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.", "summary": "Empowering Teaching and Learning Through Education Portals Act - Authorizes the Secretary of Education to award matching grants to states to implement or maintain education portal initiatives that include collecting and making available: (1) high quality resources (including data, tools, and digital media content) for teachers, students, and parents, that support public education from Head Start through graduate school; and (2) resources for ongoing and sustainable teacher training in the use of education technology at such educational levels. Allows teachers, students, and parents to contribute resources to their state portal, which is to be accessible statewide. Permits states to use funds available to them under part A (Teacher and Principal Training and Recruiting Fund) of title II of the Elementary and Secondary Education Act of 1965 to maintain such initiatives after their receipt of this Act's funding ends. Requires the Secretary to hold a conference, at least biennially, for state advisory panels on education portal initiatives to share information on best practices. Amends the Internal Revenue Code to: (1) count corporate contributions to such initiatives separately from other corporate contributions in applying charitable contribution deductibility limits; and (2) allow corporate deductions for contributions to such initiatives to reach 50% of a corporation's taxable income."}
{"article": "SECTION 1. REDUCTIONS IN CONTRIBUTIONS TO MULTIEMPLOYER PLANS TO IMPLEMENT SELF-HELP MEASURES ADOPTED BY LABOR AND MANAGEMENT. (a) Amendments to ERISA.--Section 305 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1085) is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following: ``(i) Discretion To Accept Reduced Contributions.-- ``(1) In general.--Notwithstanding any other provision of this section, during the funding plan adoption period, funding improvement period, rehabilitation plan adoption period, and the rehabilitation period, the Pension Benefit Guaranty Corporation may permit a plan sponsor to accept from an employer a ratified collective bargaining agreement with respect to the multiemployer plan that provides for a reduction in the level of contributions made by a contributing employer and appropriate reduction in level of future benefit accruals for any participants for a period of not more than 5 years (or such shorter period as determined by such Corporation) provided that such Corporation determines that-- ``(A) the contributing employer will be unable to pay its debts when due and will be unable to continue business without a reduction in its contribution rates; ``(B) the aggregate withdrawal liability of the contributing employer with respect to all multiemployer pension plans exceeds $750,000,000, or such lower amount as determined to be appropriate by such Corporation; ``(C) there is substantial doubt as to the collectability of the withdrawal liability if the contributing employer were to withdraw from the plan; ``(D) the reduced contributions are not reasonably expected to have an adverse effect on the deficit of such Corporation; ``(E) other creditors, stakeholders, and other parties to which the contributing employer is obligated have accepted reductions that are comparable to those of the pension plan; and ``(F) such other conditions are satisfied as may be imposed in accordance with regulations prescribed by such Corporation. ``(2) Impact on withdrawal liability determinations.--Any reduction in the level of contributions under this subsection shall be disregarded in determining any limitation on annual payments under subparagraphs (B) and (C) of section 4219(c)(1) and in determining withdrawal liability under section 4201 with respect to the employer subject to the reduced contribution rate.''. (b) Amendments to Internal Revenue Code.--Section 432 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following: ``(i) Discretion To Accept Reduced Contributions.-- ``(1) In general.--Notwithstanding any other provision of this section, during the funding plan adoption period, funding improvement period, rehabilitation plan adoption period, and the rehabilitation period, the Pension Benefit Guaranty Corporation may permit a plan sponsor to accept from an employer a ratified collective bargaining agreement with respect to the multiemployer plan that provides for a reduction in the level of contributions made by a contributing employer and appropriate reduction in level of future benefit accruals for any participants for a period of not more than 5 years (or such shorter period as determined by such Corporation) provided that such Corporation determines that-- ``(A) the contributing employer will be unable to pay its debts when due and will be unable to continue business without a reduction in its contribution rates; ``(B) the aggregate withdrawal liability of the contributing employer with respect to all multiemployer pension plans exceeds $750,000,000, or such lower amount as determined by such Corporation; ``(C) there is substantial doubt as to the collectability of the withdrawal liability if the contributing employer were to withdraw from the plan; ``(D) the reduced contributions are not reasonably expected to have an adverse effect on the deficit of such Corporation; ``(E) other creditors, stakeholders, and other parties to which the contributing employer is obligated have accepted reductions that are comparable to those of the pension plan; and ``(F) such other conditions are satisfied as may be imposed in accordance with regulations prescribed by such Corporation. ``(2) Impact on withdrawal liability determinations.--Any reduction in the level of contributions under this subsection shall be disregarded in determining any limitation on annual payments under subparagraphs (B) and (C) of section 4219(c)(1) of the Employee Retirement Income Security Act of 1974 and in determining withdrawal liability under section 4201 of such Act with respect to the employer subject to the reduced contribution rate.''. (c) Technical and Conforming Amendments.-- (1) Section 4971(g)(4)(C)(ii) of the Internal Revenue Code of 1986 is amended by striking ``432(i)(9)'' and inserting ``432(j)(9)''. (2) Sections 101(f)(2)(B) and 103(f)(1)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(f)(2)(B) and 1023(f)(1)(B)) are each amended by striking ``305(i)'' each place such term appears and inserting ``305(j)''.", "summary": "Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to authorize the Pension Benefit Guaranty Corporation (PBGC), provided certain conditions are met, to allow the sponsor of an underfunded multiemployer benefit plan to accept from an employer a ratified collective bargaining agreement that provides for a reduction in plan employer contributions as well as appropriate reduction in the level of future benefit accruals for plan participants for up to five years during the plan funding adoption period, funding improvement period, rehabilitation adoption period, and rehabilitation period. Conditions such an allowance upon the PBGC's determination that: (1) the contributing employer will be unable to pay its debts when due and to continue business without a reduction in its contribution rates; (2) the contributing employer's aggregate withdrawal liability with respect to all multiemployer pension plans exceeds $750 million (or an appropriate lower amount as the PBGC may determine); (3) the collectability of the withdrawal liability is very doubtful if the contributing employer were to withdraw from the plan; (4) the reduced contributions are not reasonably expected to have an adverse effect on the PBGC deficit; and (5) other creditors, stakeholders, and parties to which the contributing employer is obligated have accepted comparable reductions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom From Government Competition Act of 1997''. SEC. 2. FINDINGS. Congress finds and declares that-- (1) private sector business concerns, which are free to respond to the private or public demands of the marketplace, constitute the strength of the American economic system; (2) competitive private sector enterprises are the most productive, efficient, and effective sources of goods and services; (3) government competition with the private sector of the economy is detrimental to all businesses and the American economic system; (4) government competition with the private sector of the economy is at an unacceptably high level, both in scope and in dollar volume; (5) when a government engages in entrepreneurial activities that are beyond its core mission and compete with the private sector-- (A) the focus and attention of the government are diverted from executing the basic mission and work of that government; and (B) those activities constitute unfair government competition with the private sector; (6) current laws and policies have failed to address adequately the problem of government competition with the private sector of the economy; (7) the level of government competition with the private sector, especially with small businesses, has been a priority issue of each White House Conference on Small Business; (8) reliance on the private sector is consistent with the goals of the Government Performance and Results Act of 1993 (Public Law 103-62); (9) reliance on the private sector is necessary and desirable for proper implementation of the Federal Workforce Restructuring Act of 1994 (Public Law 103-226); (10) it is in the public interest that the Federal Government establish a consistent policy to rely on the private sector of the economy to provide goods and services that are necessary for or beneficial to the operation and management of Federal Government agencies and to avoid Federal Government competition with the private sector of the economy; and (11) it is in the public interest for the private sector to utilize employees who are adversely affected by conversions to use of private sector entities for providing goods and services on behalf of the Federal Government. SEC. 3. RELIANCE ON THE PRIVATE SECTOR. (a) General Policy.--Notwithstanding any other provision of law, except as provided in subsection (c), each agency shall procure from sources in the private sector all goods and services that are necessary for or beneficial to the accomplishment of authorized functions of the agency. (b) Prohibitions Regarding Transactions in Goods and Services.-- (1) Provision by government generally.--No agency may begin or carry out any activity to provide any products or services that can be provided by the private sector. (2) Transactions between governmental entities.--No agency may obtain any goods or services from or provide any goods or services to any other governmental entity. (c) Exceptions.--Subsections (a) and (b) do not apply to goods or services necessary for or beneficial to the accomplishment of authorized functions of an agency under the following conditions: (1) Either-- (A) the goods or services are inherently governmental in nature within the meaning of section 6(b); or (B) the Director of the Office of Management and Budget determines that the provision of the goods or services is otherwise an inherently governmental function. (2) The head of the agency determines that the goods or services should be produced, provided, or manufactured by the Federal Government for reasons of national security. (3) The Federal Government is determined to be the best value source of the goods or services in accordance with regulations prescribed pursuant to section 4(a)(2)(C). (4) The private sector sources of the goods or services, or the practices of such sources, are not adequate to satisfy the agency's requirements. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Regulations.-- (1) OMB responsibility.--The Director of the Office of Management and Budget shall prescribe regulations to carry out this Act. (2) Content.-- (A) Private sector preference.--Consistent with the policy and prohibitions set forth in section 3, the regulations shall emphasize a preference for the provision of goods and services by private sector sources. (B) Fairness for federal employees.--In order to ensure the fair treatment of Federal Government employees, the regulations-- (i) shall not contravene any law or regulation regarding Federal Government employees; and (ii) shall provide for the Director of the Office of Management and Budget, in consultation with the Director of the Office of Personnel Management, to furnish information on relevant available benefits and assistance to Federal Government employees adversely affected by conversions to use of private sector entities for providing goods and services. (C) Best value sources.-- (i) Standards and procedures.--The regulations shall include standards and procedures for determining whether it is a private sector source or an agency that provides certain goods or services for the best value. (ii) Factors considered.--The standards and procedures shall include requirements for consideration of analyses of all direct and indirect costs (performed in a manner consistent with generally accepted cost- accounting principles), the qualifications of sources, the past performance of sources, and any other technical and noncost factors that are relevant. (iii) Consultation requirement.--The Director shall consult with persons from the private sector and persons from the public sector in developing the standards and procedures. (D) Appropriate governmental activities.--The regulations shall include a methodology for determining what types of activities performed by an agency should continue to be performed by the agency or any other agency. (b) Compliance and Implementation Assistance.-- (1) OMB center for commercial activities.--The Director of the Office of Management and Budget shall establish a Center for Commercial Activities and Privatization within the Office of Management and Budget. (2) Responsibilities.--The Center-- (A) shall be responsible for the implementation of and compliance with the policies, standards, and procedures that are set forth in this Act or are prescribed to carry out this Act; and (B) shall provide agencies and private sector entities with guidance, information, and other assistance appropriate for facilitating conversions to use of private sector entities for providing goods and services on behalf of the Federal Government. SEC. 5. STUDY AND REPORT ON COMMERCIAL ACTIVITIES OF THE GOVERNMENT. (a) Annual Performance Plan.--Section 1115(a) of title 31, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``; and''; and (3) by adding at the end the following: ``(7) include-- ``(A) the identity of each program activity that is performed for the agency by a private sector entity in accordance with the Freedom From Government Competition Act of 1997; and ``(B) the identity of each program activity that is not subject to the Freedom From Government Competition Act of 1997 by reason of an exception set forth in that Act, together with a discussion specifying why the activity is determined to be covered by the exception.''. (b) Annual Performance Report.--Section 1116(d)(3) of title 31, United States Code, is amended-- (1) by striking ``explain and describe,'' in the matter preceding subparagraph (A); (2) in subparagraph (A), by inserting ``explain and describe'' after ``(A)''; (3) in subparagraph (B)-- (A) by inserting ``explain and describe'' after ``(B)''; and (B) by striking ``and'' at the end; (4) in subparagraph (C)-- (A) by inserting ``explain and describe'' after ``infeasible,''; and (B) by inserting ``and'' at the end; and (5) by adding at the end the following: ``(D) in the case of an activity not performed by a private sector entity-- ``(i) explain and describe whether the activity could be performed for the Federal Government by a private sector entity in accordance with the Freedom From Government Competition Act of 1997; and ``(ii) if the activity could be performed by a private sector entity, set forth a schedule for converting to performance of the activity by a private sector entity;''. SEC. 6. DEFINITIONS. (a) Agency.--As used in this Act, the term ``agency'' means the following: (1) Executive department.--An executive department as defined by section 101 of title 5, United States Code. (2) Military department.--A military department as defined by section 102 of such title. (3) Independent establishment.--An independent establishment as defined by section 104(1) of such title. (b) Inherently Governmental Goods and Services.-- (1) Performance of inherently governmental functions.--For the purposes of section 3(c)(1)(A), goods or services are inherently governmental in nature if the providing of such goods or services is an inherently governmental function. (2) Inherently governmental functions described.-- (A) Functions included.--For the purposes of paragraph (1), a function shall be considered an inherently governmental function if the function is so intimately related to the public interest as to mandate performance by Federal Government employees. Such functions include activities that require either the exercise of discretion in applying Federal Government authority or the making of value judgments in making decisions for the Federal Government, including judgments relating to monetary transactions and entitlements. An inherently governmental function involves, among other things, the interpretation and execution of the laws of the United States so as to-- (i) bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; (ii) determine, protect, and advance its economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise; (iii) significantly affect the life, liberty, or property of private persons; (iv) commission, appoint, direct, or control officers or employees of the United States; or (v) exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the control or disbursement of appropriated and other Federal funds. (B) Functions excluded.--For the purposes of paragraph (1), inherently governmental functions do not normally include-- (i) gathering information for or providing advice, opinions, recommendations, or ideas to Federal Government officials; (ii) any function that is primarily ministerial or internal in nature (such as building security, mail operations, operation of cafeterias, laundry and housekeeping, facilities operations and maintenance, warehouse operations, motor vehicle fleet management and operations, or other routine electrical or mechanical services); or (iii) any good or service which is currently or could reasonably be produced or performed, respectively, by an entity in the private sector.", "summary": "Freedom From Government Competition Act of 1997 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, unless except as specified. (Sec. 4) Directs the Director of the Office of Management and Budget (OMB) to establish a Center for Commercial Activities and Privatization within OMB to: (1) be responsible for the implementation of and compliance with the policies, standards, and procedures that are set forth in this Act or are prescribed to carry out this Act; and (2) provide agencies and private sector entities with guidance, information, and other assistance appropriate for facilitating conversions to use of private sector entities for providing goods and services on behalf of the Federal Government. (Sec. 5) Amends Federal law to require that each agency shall include in its annual performance plan the identity of each program activity that is: (1) performed for the agency by a private sector entity in accordance with this Act; and (2) not subject to this Act by reason of an exception, together with a discussion specifying why the activity is determined to be covered by the exception. Revises requirements regarding program performance reports to require each agency, in its annual program performance report, in the case of an activity not performed by a private sector entity, to: (1) explain and describe whether an activity not performed by a private sector entity could be performed by a private sector entity in accordance with this Act; and (2) if the activity could be performed by a private sector entity, set forth a schedule for converting to performance of the activity by a private sector entity."}
{"article": "Sec. 2. Public Law 94-241 (90 Stat. 263), as amended, is further amended by striking ``law'' in subsection (b) of section 4 and inserting in lieu thereof ``law: Provided, That for fiscal years 1994 through 1998, payments shall be limited to the provisions set forth in the Agreement of the Special Representatives on Future Federal Financial Assistance of the Northern Mariana Islands, executed on December 17, 1992, between the special representative of the President and the special representatives of the Governor of the Northern Mariana Islands for the first five years of such 1992 Agreement: Provided further, That no amendment to such 1992 Agreement may take effect until approved by an Act of Congress: Provided further, That after fiscal year 1998, the amount shall continue at the annual amount of $27,720,000, unless Congress otherwise provides by law. ``(c) No funds made available in accordance with the 1992 Agreement referred to in subsection (b) shall be obligated until sixty days after the Secretary of the Interior certifies, together with findings, after the date of enactment of this provision, and each fiscal year thereafter, to the Committee on Natural Resources of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate, that the following conditions have been fulfilled, to the extent such condition is applicable in such fiscal year, and no such funds shall be obligated for additional projects thereafter if the Secretary of the Interior determines that the Northern Mariana Islands are not in compliance with such conditions to the extent such condition is applicable at that time: ``(1) The number of aliens (a person who is not a citizen or national of the United States, a citizen of a state in free association with the United States, or an alien lawfully admitted into the United States) present in the Northern Mariana Islands for work or residency does not exceed the 1992 average daily number of such aliens present in the Northern Mariana Islands as determined by the Commissioner of the United States Immigration and Naturalization Service (INS), except that within such limitation, the Northern Mariana Islands shall impose a numerical limitation on the total number of alien workers admitted for employment in the garment industry so that the percentage of alien workers compared to the total number of workers in the garment industry shall be 75 percent in 1994, 70 percent in 1995, and 65 percent in 1996 and thereafter; ``(2) The Northern Mariana Islands shall implement a petitioning mechanism similar to that in section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) to measure and compare the number of alien admissions with the 1992 average and the Northern Mariana Islands shall provide the Immigration and Naturalization Service with such information and access as the Commissioner of the Service determines to be necessary to make his determination and for verification; ``(3) The Northern Mariana Islands has enacted and is enforcing such measures as may be necessary to raise revenues, and expend for public purposes, in each of the years funding is provided pursuant to the Agreement, in addition to those revenues which would have been raised under laws in effect on the date of enactment of this provision, of at least the same amount of net revenue (taking into account all credits, deductions, exemptions, and payments provided for in Federal law) that would otherwise have been raised in calendar year 1992 under full application of section 601 of the Covenant absent any rebates pursuant to section 602 of such Covenant, less the actual amount of revenues retained by the Northern Mariana Islands from income taxes, which measures may include, but need not be limited to, one or more of the following-- (A) developer taxes and impact fees; (B) taxes on services to visitors; (C) a reduction in the level of rebates of taxes levied under section 602 of the Covenant; (D) income taxes; or (E) taxes or fees imposed for public benefit of users of publicly provided services. ``(4) The Northern Mariana Islands is implementing a rate schedule approved by the Secretary of the Interior that, over a five-year period beginning on the date of enactment of this provision, will phase in charges for all (except low-income) users of utilities which will recover the full operating, maintenance, and debt service cost of the power utility services, and, as a minimum, the operating and maintenance costs of the water and sewer utility services; ``(5) The Secretary has approved the plans of the Northern Mariana Islands for the fiscal year for the use of the funds which indicate the priority and purpose of the projects and their cost and financing arrangements; and ``(6) The Secretary of the Interior, in consultation with the Secretary of Labor, determines that the Northern Mariana Islands has enacted and is enforcing laws-- ``(A) to provide no greater deductions from wages for housing, food, transportation, health care, employment fees, or other expenses for any workers not permanently admitted into the Northern Mariana Islands than are contained in the Fair Labor Standards Act of 1938, and ``(B) which allow for the same exemptions from the payment of minimum wages as provided in the Fair Labor Standards Act of 1938.''.", "summary": "Limits Federal assistance to the Northern Mariana Islands for FY 1994 through 1998 as set forth in the Agreement of the Special Representatives on Future Federal Financial Assistance of the Northern Mariana Islands of December 1992. Continues the payment of a specified annual amount after FY 1998 unless otherwise provided by law. Bars the obligation of funds in accordance with the Agreement until the Secretary of the Interior certifies to specified congressional committees in each fiscal year that the Northern Mariana Islands: (1) does not have an amount of aliens that exceeds the 1992 average daily number of aliens in the Islands as determined by the Commissioner of the Immigration and Naturalization Service (INS) and imposes a specified numerical limitation on the number of alien workers admitted for employment in the garment industry; (2) is implementing a petitioning mechanism to measure and compare the number of alien admissions with the 1992 average and provides the INS with such information for verification purposes; (3) has enacted and is enforcing measures to raise revenues; (4) is implementing a rate schedule approved by the Secretary that will phase in charges for users of utilities to recover specified costs of power, water, and sewer services; (5) has plans approved by the Secretary for the use of project funds; and (6) has enacted and is enforcing laws to provide no greater deductions from wages for housing, food, transportation, health care, employment fees, or other expenses for workers not permanently admitted into the Islands than are contained in the Fair Labor Standards Act of 1938 and which allow for the same exemptions from the payment of minimum wages as provided in such Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Grant Reporting Efficiency and Agreements Transparency Act of 2018'' or the ``GREAT Act''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) modernize reporting by recipients of Federal grants and cooperative agreements by creating and imposing data standards for the information that grants and cooperative agreement recipients must report to the Federal Government; (2) implement the recommendation by the Director of the Office of Management and Budget, under section 5(b)(6) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note), which includes the development of a ``comprehensive taxonomy of standard definitions for core data elements required for managing Federal financial assistance awards''; (3) reduce burden and compliance costs of recipients of Federal grants and cooperative agreements by enabling technology solutions, existing or yet to be developed, by both the public and private sectors, to better manage data recipients already provide to the Federal Government; and (4) to strengthen oversight and management of Federal grants and cooperative agreements by agencies through consolidated collection and display of and access to open data that has been standardized, and where appropriate, transparency to the public. SEC. 3. DATA STANDARDS FOR GRANT REPORTING. (a) Amendment.--Subtitle V of title 31, United States Code, is amended by inserting after chapter 63 the following new chapter: ``CHAPTER 64--DATA STANDARDS FOR GRANT REPORTING ``Sec. ``6401. Definitions. ``6402. Data standards for grant reporting. ``6403. Guidance applying data standards for grant reporting. ``6404. Agency requirements. ``Sec. 6401. Definitions ``In this chapter: ``(1) Agency.--The term `agency' has the meaning given that term in section 552(f) of title 5. ``(2) Core data elements.--The term `core data elements' means data elements that are not program-specific in nature and are required by agencies for all or the vast majority of Federal grant and cooperative assistance recipients for purposes of reporting. ``(3) Director.--The term `Director' means the Director of the Office of Management and Budget. ``(4) Federal award.--The term `Federal award'-- ``(A) means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including financial assistance and Government facilities, services, and property; ``(B) includes grants, subgrants, awards, and cooperative agreements; and ``(C) does not include-- ``(i) conventional public information services or procurement of property or services for the direct benefit or use of the Government; or ``(ii) an agreement that provides only-- ``(I) direct Government cash assistance to an individual; ``(II) a subsidy; ``(III) a loan; ``(IV) a loan guarantee; or ``(V) insurance. ``(5) Secretary.--The term `Secretary' means the head of the standard-setting agency. ``(6) Standard-setting agency.--The term `standard-setting agency' means the Executive department designated under section 6402(a)(1). ``(7) State.--The term `State' means each State of the United States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian Tribe. ``Sec. 6402. Data standards for grant reporting ``(a) In General.-- ``(1) Designation of standard-setting agency.--The Director shall designate the Executive department (as defined in section 101 of title 5) that issues the most Federal awards in a calendar year as the standard-setting agency. ``(2) Establishment of standards.--Not later than 1 year after the date of the enactment of this chapter, the Secretary and the Director shall establish Governmentwide data standards for information reported by recipients of Federal awards. ``(3) Data elements.--The data standards established under paragraph (2) shall include, at a minimum-- ``(A) standard definitions for data elements required for managing Federal awards; and ``(B) unique identifiers for Federal awards and entities receiving Federal awards that can be consistently applied Governmentwide. ``(b) Scope.--The data standards established under subsection (a) shall include core data elements and may cover any information required to be reported to any agency by recipients of Federal awards, including audit-related information reported under chapter 75 of this title. ``(c) Requirements.--The data standards required to be established under subsection (a) shall, to the extent reasonable and practicable-- ``(1) render information reported by recipients of Federal grant and cooperative agreement awards fully searchable and machine-readable; ``(2) be nonproprietary; ``(3) incorporate standards developed and maintained by voluntary consensus standards bodies; ``(4) be consistent with and implement applicable accounting and reporting principles; and ``(5) incorporate the data standards established under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note). ``(d) Consultation.--In establishing the data standards under subsection (a), the Secretary and the Director shall consult with, as appropriate-- ``(1) the Secretary of the Treasury, to ensure that the data standards incorporate the data standards created under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note); ``(2) the head of each agency that issues Federal awards; ``(3) recipients of Federal awards and organizations representing recipients of Federal awards; ``(4) private sector experts; ``(5) members of the public, including privacy experts, privacy advocates, and industry stakeholders; and ``(6) State and local governments. ``Sec. 6403. Guidance applying data standards for grant reporting ``(a) In General.--Not later than 2 years after the date of the enactment of this chapter-- ``(1) the Secretary and the Director shall issue guidance to all agencies directing the agencies to apply the data standards established under section 6402 to all applicable reporting by recipients of Federal grant and cooperative agreement awards; and ``(2) the Director shall prescribe guidance applying the data standards to audit-related information reported under chapter 75. ``(b) Guidance.--The guidance issued under this section shall-- ``(1) to the extent reasonable and practicable-- ``(A) minimize the disruption to existing reporting practices for agencies and for recipients of Federal grant and cooperative agreement awards; and ``(B) explore opportunities to implement modern technologies within Federal award reporting; ``(2) allow the Director to permit exceptions for categories of grants if the Director publishes a list of such exceptions, including exceptions for Indian Tribes and Tribal organizations consistent with the Indian Self-Determination and Education Assistance Act; and ``(3) take into consideration the consultation required under section 6402(d). ``Sec. 6404. Agency requirements ``Not later than 3 years after the date of the enactment of this chapter, the head of each agency shall ensure that all of the agency's grants and cooperative agreements use data standards for all future information collection requests and amend existing information collection requests covered by chapter 35 of title 44 (commonly referred to as the Paperwork Reduction Act) to comply with the data standards established under section 6402, consistent with the guidance issued by the Secretary and the Director under section 6403.''. (b) Technical and Conforming Amendment.--The table of chapters for subtitle V of title 31, United States Code, is amended by inserting after the item relating to chapter 63 the following new item: ``64. Data Standards for Grant Reporting.................... 6401''. SEC. 4. SINGLE AUDIT ACT. (a) Amendments.-- (1) Section 7502(h) of title 31, United States Code, is amended by inserting before ``to a Federal clearinghouse'' the following ``in an electronic form consistent with the data standards established under chapter 64,''. (2) Section 7505 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) Such guidance shall require audit-related information reported under this chapter to be reported in an electronic form consistent with the data standards established under chapter 64.''. (b) Guidance.--Not later than 2 years after the date of the enactment of this Act, the Director shall issue guidance requiring audit-related information reported under chapter 75 of title 31, United States Code, to be reported in an electronic form consistent with the data standards established under chapter 64 of title 31, United States Code, as added by section 3. SEC. 5. CONSOLIDATION OF ASSISTANCE-RELATED INFORMATION; PUBLICATION OF PUBLIC INFORMATION AS OPEN DATA. (a) Collection of Information.--Not later than 4 years after the date of the enactment of this Act, the Secretary and the Director shall enable the collection, public display, and maintenance of Federal award information as a Governmentwide data set, using the data standards established under chapter 64 of title 31, United States Code, as added by section 3, subject to reasonable restrictions established by the Director to ensure protection of personally identifiable and otherwise sensitive information. (b) Publication of Information.--The Secretary and the Director shall require the publication of recipient-reported data collected from all agencies on a single public portal. Information may be published on an existing Governmentwide website as determined appropriate by the Director. (c) Foia.--Nothing in this section shall require the disclosure to the public of information that would be exempt from disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). SEC. 6. EVALUATION OF NONPROPRIETARY IDENTIFIERS. (a) Determination Required.--The Director and the Secretary shall determine whether to use nonproprietary identifiers under section 6402(a)(3)(B) of title 31, United States Code, as added by section 3(a). (b) Factors to Be Considered.--In making the determination required pursuant to subsection (a), the Director and the Secretary shall consider factors such as accessibility and cost to recipients of Federal awards, agencies that issue Federal awards, private-sector experts, and members of the public, including privacy experts and privacy advocates. (c) Publication and Report on Determination.--Not later than the earlier of 1 year after the date of the enactment of this Act or the date on which the Secretary and Director establish data standards pursuant to section 6402(a)(2) of title 31, United States Code, as added by section 3(a), the Secretary and the Director shall publish and submit to the Committees on Oversight and Government Reform of the House of Representatives and Homeland Security and Governmental Affairs of the Senate a report explaining the reasoning for the determination made pursuant to subsection (a). SEC. 7. DEFINITIONS. In this Act, the terms ``agency'', ``Director'', ``Federal award'', and ``Secretary'' have the meaning given those terms in section 6401 of title 31, United States Code, as added by section 3(a). SEC. 8. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to require the collection of data that is not otherwise required pursuant to any Federal law, rule, or regulation. SEC. 9. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives September 26, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Grant Reporting Efficiency and Agreements Transparency Act of 2018 or the GREAT Act This bill requires the Office of Management and Budget, jointly with the executive department that issues the most federal grant awards, to: (1) establish government-wide data standards for information reported by grant recipients, (2) issue guidance directing federal agencies to apply those standards, and (3) require the publication of recipient-reported data collected from all agencies on a single public website."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Master Teacher Act of 2001''. SEC. 2. MASTER TEACHER DEMONSTRATION PROJECT. (a) Definitions.--In this section: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Master teacher.--The term ``master teacher'' means a teacher who-- (A) is licensed or credentialed under State law; (B) has been teaching for at least 5 years in a public or private school or institution of higher education; (C) is selected upon application, is judged to be an excellent teacher, and is recommended by administrators and other teachers who are knowledgeable of the individual's performance; (D) at the time of submission of such application, is teaching and based in a public school; (E) assists other teachers in improving instructional strategies, improves the skills of other teachers, performs mentoring, develops curriculum, and offers other professional development; and (F) enters into a contract with the local educational agency to continue to teach and serve as a master teacher for at least 5 additional years. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Establishment of Demonstration Project.-- (1) In general.--Not later than July 1, 2002, the Secretary shall conduct a demonstration project under which the Secretary shall award competitive grants to local educational agencies to increase teacher salaries and employee benefits for teachers who enter into contracts with the local educational agencies to serve as master teachers. (2) Requirements.--In awarding grants under the demonstration project, the Secretary shall-- (A) ensure that grants are awarded under the demonstration project to a diversity of local educational agencies in terms of size of school district, location of school district, ethnic and economic composition of students, and experience of teachers; and (B) give priority to local educational agencies in school districts that have schools with a high proportion of economically disadvantaged students. (c) Applications.--In order to receive a grant under the demonstration project, a local educational agency shall submit an application to the Secretary that contains-- (1) an assurance that funds received under the grant will be used in accordance with this section; and (2) a detailed description of how the local educational agency will use the grant funds to pay the salaries and employee benefits for positions designated by the local educational agency as master teacher positions. (d) Matching Requirement.--The Secretary may not award a grant to a local educational agency under the demonstration project unless the local educational agency agrees that, with respect to costs to be incurred by the agency in carrying out activities for which the grant was awarded, the agency shall provide (directly, through the State, or through a combination thereof) in non-Federal contributions an amount equal to the amount of the grant awarded to the agency. (e) Study and Report.-- (1) In general.--Not later than July 1, 2005, the Secretary shall conduct a study and transmit a report to Congress analyzing the results of the demonstration project conducted under this section. (2) Contents of report.--The report shall include-- (A) an analysis of the results of the project on-- (i) the recruitment and retention of experienced teachers; (ii) the effect of master teachers on teaching by less experienced teachers; (iii) the impact of mentoring new teachers by master teachers; and (iv) the impact of master teachers on student achievement; and (B) recommendations regarding-- (i) continuing or terminating the demonstration project; and (ii) establishing a grant program to expand the project to additional local educational agencies and school districts. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $100,000,000, for the period of fiscal years 2002 through 2006.", "summary": "Master Teacher Act of 2001 - Directs the Secretary of Education to conduct a demonstration project to increase teacher salaries and employee benefits for teachers who contract with local educational agencies (LEAs) to serve as master teachers. Gives priority to LEAs in school districts that have schools with a high proportion of economically disadvantaged students."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Reduction and Economic Growth Act of 1995''. SEC. 2. TAX REDUCTION IN THE EVENT OF LOW GROWTH. (a) Low-Growth Report.-- (1) In general.--At any time, the Director of the Office of Management and Budget (hereafter in this section referred to as the ``Director'') shall notify the President and the Congress if the Director has determined that for any of the periods described in paragraph (2)-- (A) economic growth as measured by the change in real Gross Domestic Product (GDP) at an annual rate is estimated to be less than 1.5 percent, and (B) the rate of national unemployment (seasonally adjusted) is estimated to be greater than 6.5 percent. (2) Testing periods.--For purposes of paragraph (1), the periods described in this paragraph are-- (A) the period consisting of the quarter during which the notification is given and the quarter preceding such notification, (B) the period consisting of the preceding 4 quarters, and (C) the period consisting of the 2 quarters following such notification. (b) Presidential Authorization of Temporary Tax Reductions.-- (1) Presidential declaration.--After notification under subsection (a), the President may issue a declaration that temporary income tax reductions are required for a specified calendar year to provide a quick and necessary fiscal stimulus to the economy. Any such declaration shall be transmitted to the Congress. (2) Temporary tax modifications.--If the President transmits a declaration under paragraph (1) to the Congress-- (A) Temporary tax reductions.-- (i) In general.--Effective for taxable years beginning in the calendar year specified in such declaration-- (I) the rates applicable to the first income bracket in the tax tables contained in section 1 of the Internal Revenue Code of 1986 shall be reduced by a percentage (not to exceed 3 percent) specified in such declaration, and (II) the amounts set fourth as tax in such tables shall be adjusted to reflect such rate reduction. (ii) Withholding adjustments.--The withholding tables or procedures prescribed by the Secretary of the Treasury or his delegate under section 3402(a) of such Code shall be modified so that, to the maximum extent possible, the full calendar year effect of such reduction is reflected through withholding reductions during the portion of the calendar year after such declaration. (B) Temporary surtax where economic growth requirements subsequently satisfied.-- (i) In general.--Effective for taxable years beginning in the first subsequent calendar year for which the economic growth requirements of paragraph (3) are satisfied-- (I) each rate of tax in the tax tables contained in section 1 of the Internal Revenue Code of 1986 shall be increased by the percentage determined under paragraph (4) for such year, except the tax rate for individuals with Adjusted Gross Income of less than $50,000 and taxpayers filing jointly with Adjusted Gross Income of less than $75,000 shall not exceed the rates established in the year prior to the temporary tax reduction, and (II) the amounts set forth as tax in such tables shall be adjusted to reflect such rate increases. (ii) Withholding adjustments.--Effective for such subsequent calendar year, the withholding tables or procedures prescribed by the Secretary of the Treasury or his delegate under section 3402(a) of such Code shall be modified to reflect the increase in tax rates under clause (i). (3) Economic growth requirements.--The economic growth requirements of this paragraph are satisfied for any calendar year if, before the beginning of such calendar year, the President determines (and publishes such determination in the Federal Register) that for such calendar year and the immediately preceding calendar year-- (A) economic growth as measured by the change in the real Gross Domestic Product (GDP) is estimated to be greater than 4.5 percent, and (B) the rate of national unemployment (seasonally adjusted) is estimated to be less than 5.5 percent. (4) Rate increase percentage.--The percentage determined under this paragraph is the percentage increase in the tax rates contained in section 1 of the Internal Revenue Code of 1986 which the President estimates will result in an aggregate increase in receipts under chapter 1 of such Code equal to the aggregate decrease in receipts under such Code by reason of subparagraph (A) of paragraph (2) without increasing the tax rate for individuals with Adjusted Gross Income of less than $50,000 and taxpayers filing jointly with Adjusted Gross Income of less than $75,000 above the rates established in the year prior to the temporary tax reduction. Such percentage shall be published in the Federal Register before the beginning of the calendar year for which the economic requirements of paragraph (2) are satisfied. SEC. 3. TREATMENT UNDER PAY-AS-YOU-GO PROCEDURES. Any reduction or increase in receipts resulting from section 2 of this Act shall not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985.", "summary": "Tax Reduction and Economic Growth Act of 1995 - Authorizes the President to issue a declaration that a temporary reduction in the rates of the first income bracket no greater than 3 percent are required if the Director of the Office of Management and Budget finds that: (1) the annual rate of the Gross Domestic Product is less than 1.5 percent; and (2) the adjusted national unemployment rate is higher than 6.5 percent."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Products Safety Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act and the amendments made by this Act is to prevent the introduction of dangerous toys and other products used by children into the marketplace by requiring independent third-party testing and certification that toys and other products intended for use by children comply with consumer product safety standards and rules before they enter the interstate stream of commerce. SEC. 3. CERTIFICATION OF COMPLIANCE OF CHILDREN'S PRODUCTS WITH CONSUMER PRODUCT SAFETY RULES. (a) Expansion of Certification Requirement To Include Certification for Compliance With All Consumer Product Safety Rules Promulgated Under Acts Administered by the Consumer Product Safety Commission.-- Subsection (a) of section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) is amended-- (1) by redesignating paragraph (2) as paragraph (5); (2) in paragraph (1)-- (A) by striking ``Every manufacturer'' and inserting ``Except as provided in paragraph (2),''; and (B) by designating the second and third sentences as paragraphs (3) and (4), respectively, and indenting the margin of such paragraphs, as so designated, 2 ems from the left margin; (3) by inserting after paragraph (1) the following: ``(2) Every manufacturer of a children's product (and the private labeler of such product if it bears a private label) which is subject to a consumer product safety standard under this Act or a rule under this or any other Act administered by the Commission declaring a consumer product a banned hazardous product shall issue a certificate which shall certify that such product conforms to such consumer product safety standard or is not a banned hazardous product under such rule, and shall specify such consumer product safety standard or such rule.''; (4) in paragraph (3), as redesignated by paragraph (2)(B), by striking ``Such certificate shall'' and inserting ``A certificate required under this subsection shall''; and (5) in paragraph (5), as redesignated by paragraph (1)-- (A) by striking ``required by paragraph (1) of this subsection'' and inserting ``required by paragraph (1) or (2) (as the case may be)''; and (B) by striking ``requirement under paragraph (1)'' and inserting ``requirement under paragraph (1) or (2) (as the case may be)''. (b) Third-Party Certification Required.--Subsection 14(b) of the Consumer Product Safety Act (15 U.S.C. 2063(b)) is amended-- (1) by striking ``The Commission may'' and inserting ``(1) The Commission may''; (2) by designating the second sentence as paragraph (2) and indenting the margin of such paragraph, as so designated, 2 ems from the left margin; (3) in paragraph (2), as so designated, by striking ``Any test or'' and inserting ``Except as provided in paragraph (3), any test or''; and (4) by adding at the end the following: ``(3) In the case of a children's product, any test or testing program on the basis of which a certificate is issued under subsection (a)(2) shall be conducted by a nongovernmental independent third party qualified to perform such tests or testing programs.''. (c) Definition of Children's Products and Independent Third Party.--Section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) is amended by adding at the end the following: ``(d) Definitions.--In this section: ``(1) Children's product.--The term `children's product' means a toy or other article intended for use by a child under 60 months of age that is introduced into the interstate stream of commerce. In determining whether a toy or article is intended for use by a child under 60 months of age, the following factors shall be considered: ``(A) A statement by a manufacturer about the intended use of such toy or article, including a label on such toy or article, if such statement is reasonable. ``(B) The context and manner of the advertising, promotion, and marketing associated with the toy or article. ``(C) Whether the toy or article is commonly recognized by consumers as being intended for use by a child under 60 months of age. ``(D) The Age Determination Guideline issued by the Consumer Product Safety Commission in September 2002 and any subsequent version of such Guideline. ``(2) Independent third party.--The term `independent third party', with respect to a testing entity, means an independent testing entity that is physically separate from any manufacturer or private labeler whose product will be tested by such entity, and is not owned, managed, controlled, or directed by such manufacturer or private labeler.''. (d) Label and Certification.--Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall prescribe a rule in accordance with subsection (c) of section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for children's products described in subsection (d)(1) of such section, as added by subsection (c) of this section. SEC. 4. PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD- PARTY TESTING CERTIFICATION. Section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066) is amended-- (1) in paragraph (4), by striking ``or'' at the end; (2) in paragraph (5), by striking the period at the end and inserting a semicolon and ``or''; and (3) by adding at the end the following: ``(6) is a children's product, as that term is defined in section 14(d), that is not accompanied by a certificate from a third-party verification entity required by section 14(a)(2).''.", "summary": "Children's Products Safety Act of 2007 - Amends the Consumer Product Safety Act to require every manufacturer (and any related private labeler) of an article for use by a child under 60 months of age which is subject to a consumer product safety standard or a rule under any Act administered by the Consumer Product Safety Commission (CPSC) declaring a consumer product a banned hazardous product to certify, based on testing conducted by a nongovernmental independent third party, that the product conforms to such standard or is not a banned hazardous product. Bars importation of such articles lacking independent third party certification."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Choice in Welfare Tax Credit Act of 1995''. SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE CHARITIES PROVIDING ASSISTANCE TO THE POOR. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions which are paid by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed $100 ($200 in the case of a joint return). ``(c) Qualified Charitable Contribution.--For purposes of this section, the term `qualified charitable contribution' means any charitable contribution (as defined in section 170(c)) made in cash to a qualified charity but only if the amount of each such contribution, and the recipient thereof, are identified on the return for the taxable year during which such contribution is made. ``(d) Qualified Charity.-- ``(1) In general.--For purposes of this section, the term `qualified charity' means, with respect to the taxpayer, any organization described in section 501(c)(3) and exempt from tax under section 501(a)-- ``(A) which is certified by the Secretary as meeting the requirements of paragraphs (2) and (3), ``(B) which is organized under the laws of the United States or of any State in which the organization is qualified to operate, and ``(C) which is required, or elects to be treated as being required, to file returns under section 6033. ``(2) Charity must primarily assist the poor.--An organization meets the requirements of this paragraph only if the predominant activity of such organization is the provision of services to individuals whose annual incomes generally do not exceed 150 percent of the official poverty line (as defined by the Office of Management and Budget). ``(3) Minimum expenditure requirement.-- ``(A) In general.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the annual exempt purpose expenditures of such organization will not be less than 70 percent of the annual aggregate expenditures of such organization. ``(B) Exempt purpose expenditure.--For purposes of subparagraph (A)-- ``(i) In general.--The term `exempt purpose expenditure' means any expenditure to carry out the activity referred to in paragraph (2). ``(ii) Exceptions.--Such term shall not include-- ``(I) any administrative expense, ``(II) any expense for the purpose of influencing legislation (as defined in section 4911(d)), ``(III) any expense primarily for the purpose of fundraising, and ``(IV) any expense for litigation on behalf of any individual referred to in paragraph (2). ``(e) Time When Contributions Deemed Made.--For purposes of this section, at the election of the taxpayer, a contribution which is made not later than the time prescribed by law for filing the return for the taxable year (not including extensions thereof) shall be treated as made on the last day of such taxable year. ``(f) Coordination With Deduction for Charitable Contributions.-- ``(1) Credit in lieu of deduction.--The credit provided by subsection (a) for any qualified charitable contribution shall be in lieu of any deduction otherwise allowable under this chapter for such contribution. ``(2) Election to have section not apply.--A taxpayer may elect for any taxable year to have this section not apply.'' (b) Qualified Charities Required To Provide Copies of Annual Return.--Subsection (e) of section 6104 of such Code (relating to public inspection of certain annual returns and applications for exemption) is amended by adding at the end the following new paragraph: ``(3) Charities receiving creditable contributions required to provide copies of annual return.-- ``(A) In general.--Every qualified charity (as defined in section 23(d)) shall, upon request of an individual made at an office where such organization's annual return filed under section 6033 is required under paragraph (1) to be available for inspection, provide a copy of such return to such individual without charge other than a reasonable fee for any reproduction and mailing costs. If the request is made in person, such copies shall be provided immediately and, if made other than in person, shall be provided within 30 days. ``(B) Period of availability.--Subparagraph (A) shall apply only during the 3-year period beginning on the filing date (as defined in paragraph (1)(D) of the return requested).'' (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Credit for certain charitable contributions.'' (d) Effective Date.--The amendments made by this section shall apply to contributions made after the 90th day after the date of the enactment of this Act in taxable years ending after such date.", "summary": "Choice in Welfare Tax Credit Act of 1995 - Amends the Internal Revenue Code to permit an individual income tax credit of up to $100 ($200 for a joint return) of the value of certain charitable contributions to any tax-exempt, U.S. organization that spends at least 70 percent of aggregate expenditures assisting the poor. Requires that: (1) taxpayers identify each such contribution and the recipient on the individual's tax return; and (2) such charities provide copies of their annual return to such individuals upon request."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Reserves Small Business Relief Act''. SEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVES. Section 7 of the Small Business Act (15 U.S.C. 636) is amended by adding at the end the following: ``(n) Repayment Deferred for Active Duty Reserves.-- ``(1) Deferral of direct loans.-- ``(A) In general.--The Administration shall, upon written request, defer repayment of principal and interest due during the period of deferral described in subparagraph (B) on any direct loan made under subsection (a) or (b), if such loan was incurred by a qualified borrower. ``(B) Period of deferral.--The period of deferral for repayment under this paragraph shall begin on the date on which the eligible reserve is ordered to active duty during a period of military conflict and shall terminate on the later of-- ``(i) the date that is 180 days after the date such eligible reserve is discharged or released from active duty; and ``(ii) the date that is 180 days after the date of enactment of this subsection. ``(C) No accrual of interest during deferral.-- During the period of deferral described in subparagraph (B), no interest shall accrue on any deferred loan. ``(2) Applicability.--This subsection shall apply with respect to any period of military conflict beginning on or after August 1, 1990. ``(3) Definitions.--In this subsection: ``(A) Eligible reserve.--The term `eligible reserve' means a member of a reserve component of the Armed Forces serving pursuant to a call or order to active duty, or an order to remain on active duty, during a period of military conflict. ``(B) Owner, manager, or key employee.--The term `owner, manager, or key employee' means an individual who-- ``(i) has not less than a 20 percent ownership interest in a small business concern described in subparagraph (D)(ii); ``(ii) is a manager responsible for the day-to-day operations of such small business concern; or ``(iii) is a key employee (as defined by the Administration) of such small business concern. ``(C) Period of military conflict.--The term `period of military conflict' means-- ``(i) a period of war declared by Congress; ``(ii) a period of national emergency declared by Congress or by the President; or ``(iii) a period for which members of reserve components of the Armed Forces are serving on active duty in the Armed Forces under a call or order to active duty, under section 688, 12301(a), 12302, 12304, or 12306 of title 10, United States Code. ``(D) Qualified borrower.--The term `qualified borrower' means-- ``(i) an individual who is an eligible reserve and who received a direct loan under subsection (a) or (b) before being called or ordered to active duty, or being ordered to remain on active duty, during a period of military conflict; or ``(ii) a small business concern that received a direct loan under subsection (a) or (b) before an eligible reserve, who is an owner, manager, or key employee, was called or ordered to active duty, or was ordered to remain on active duty, during a period of military conflict.''. SEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVES' SMALL BUSINESSES. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting after the undesignated paragraph that begins with ``Provided, That no loan'', the following: ``(3)(A) The Administration may make such disaster loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) to assist a small business concern (including a small business concern engaged in the lease or rental of real or personal property) that has suffered or that is likely to suffer economic injury as the result of a call or order to active military duty, or an order to remain on active duty, of an owner, manager, or key employee of such small business concern during a period of military conflict. ``(B) Any loan or guarantee extended pursuant to this paragraph shall be made at an annual interest rate of 4 percent, without regard to the ability of the small business concern to secure credit elsewhere. ``(C) No loan may be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $500,000, except that the Administration may waive the $500,000 limitation if the Administration determines that the applicant for the loan constitutes a major source of employment in its surrounding area, and such area is not larger than the surrounding county. ``(D) For purposes of assistance under this paragraph, no declaration of a disaster area shall be required. ``(E) This paragraph shall apply with respect to any period of military conflict beginning on or after August 1, 1990. ``(F) In this paragraph-- ``(i) the term `economic injury' means an economic harm to a business concern that results in the inability of the business concern to market, produce, or provide a product or service ordinarily marketed, produced, or provided by the business concern; ``(ii) the term `owner, manager, or key employee' means an individual who-- ``(I) has not less than a 20 percent ownership interest in the small business concern; ``(II) is a manager responsible for the day-to-day operations of such small business concern; or ``(III) is a key employee (as defined by the Administration) of such small business concern; and ``(iii) the term `period of military conflict' has the meaning given the term in subsection (n)(3).''. (b) Conforming Amendments.--Section 4(c) of the Small Business Act (15 U.S.C. 633(c)) is amended-- (1) in paragraph (1), by striking ``7(b)(4),''; and (2) in paragraph (2), by striking ``7(b)(4), 7(b)(5), 7(b)(6), 7(b)(7), 7(b)(8),''. SEC. 4. REGULATIONS. Not later than 60 days after the date of enactment of this Act, the Small Business Administration shall issue such regulations as may be necessary to carry out the amendments made by sections 2 and 3.", "summary": "Military Reserves Small Business Relief Act - Amends the Small Business Act to require the Small Business Administration (SBA), upon written request, to defer repayment of principal and interest due on a direct general business or disaster loan made to a member of the reserves ordered to active duty during a period of military conflict, as long as such reservist: (1) received the loan before being ordered to such duty; and (2) is the owner, manager, or key employee of a small business for which the loan was made. Extends such deferral period until the later of 180 days after: (1) such reservist is discharged or released from active duty; or (2) the date of enactment of this Act. Applies such assistance to periods of military conflict occurring on or after August 1, 1990. Authorizes the SBA to make disaster loans to assist a small business that has suffered or is likely to suffer economic injury as the result of the owner, manager, or key employee of such business being ordered to active duty during a period of military conflict. Provides a loan limitation. Applies such assistance to periods of military conflict occurring on or after August 1, 1990."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Prohibition Act of 1998''. SEC. 2. FINDING. Congress finds that in order to prevent the creation of a cloned human individual through human somatic cell nuclear transfer technology, it is right and proper to prohibit the creation of cloned human embryos that would never have the opportunity for implantation and that would therefore be created solely for research that would ultimately lead to their destruction. SEC. 3. PROHIBITION ON CLONING. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 15, the following: ``CHAPTER 16--CLONING ``Sec. ``301. Prohibition on cloning. ``Sec. 301 Prohibition on cloning ``(a) In General.--It shall be unlawful for any person or entity, public or private, in or affecting interstate commerce, to use human somatic cell nuclear transfer technology. ``(b) Importation.--It shall be unlawful for any person or entity, public or private, to import an embryo produced through human somatic cell nuclear transfer technology. ``(c) Penalties.-- ``(1) In general.--Any person or entity who is convicted of violating any provision of this section shall be fined according to the provisions of this title or sentenced to up to 10 years in prison, or both. ``(2) Civil penalty.--Any person or entity who is convicted of violating any provision of this section shall be subject to, in the case of a violation that involves the derivation of a pecuniary gain, a civil penalty of not more than an amount equal to the amount of the gross gain multiplied by 2. ``(d) Definition.--The term `human somatic cell nuclear transfer technology' means taking the nuclear material of a human somatic cell and incorporating it into an oocyte from which the nucleus has been removed or rendered inert and producing an embryo (including a preimplantation embryo).''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 15, the following: ``16. Cloning Sec. 301''.................................... SEC. 4. COMMISSION TO PROMOTE A NATIONAL DIALOGUE ON BIOETHICS. (a) Establishment.--There is established within the Institute of Medicine a commission to be known as the National Commission to Promote a National Dialogue on Bioethics (referred to in this section as the ``Commission''). (b) Membership.-- (1) Number and appointment.--The Commission shall be composed of 25 members, of whom-- (A) 6 shall be appointed by the Majority Leader of the Senate; (B) 6 shall be appointed by the Minority Leader of the Senate; (C) 6 shall be appointed by the Speaker of the House of Representatives; and (D) 6 shall be appointed by the Minority Leader of the House of Representatives; and (E) 1, who shall serve as the Chairperson of the Commission, to be appointed jointly by the Majority Leader of the Senate, and the Speaker of the House of Representatives, in consultation with the Minority Leader of the Senate and the Minority Leader of the House of Representatives. (2) Requirements.--Each individual described in subparagraph (A) through (D) of paragraph (1) shall ensure that members appointed to the Commission are representative of the fields of law, theology, philosophy or ethics, medicine, science, and society. (3) Deadline for appointment.--Members of the Commission shall be appointed by not later than December 1, 1998. (4) Terms of appointment.--A member of the Commission appointed under paragraph (1) shall serve for a term of 3 years. Members may not serve consecutive terms. (5) Meetings.--The Commission shall meet at the call of its Chairperson or a majority of its members. (6) Quorum.--A quorum shall consist of 13 members of the Commission. (7) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made not later than 30 days after the Commission is given notice of the vacancy and shall not affect the power of the remaining members to execute the duties of the Commission. (8) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (9) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Duties of the Commission.--The Commission shall provide an independent forum for broad public participation and discourse concerning important bioethical issues including cloning, and provide for a report to Congress concerning the findings, conclusions, and recommendations of the Commission concerning Federal policy and possible Congressional action. (d) Staff and Support Services.-- (1) Staff.--With the approval of the Commission, the chairperson of the Commission may appoint such personnel as the chairperson considers appropriate. (2) Applicability of civil service laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (3) Experts and consultants.--With the approval of the Commission, the chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Physical facilities.--The Administrator of the General Services Administration shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. (e) Powers of Commission.-- (1) Hearings and other activities.--For the purpose of carrying out its duties, the Commission may hold such public hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (2) Detail of federal employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (3) Technical assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (4) Use of mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (5) Obtaining information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission. (6) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (7) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. (f) Subcommittees.-- (1) In general.--The Commission shall establish 6 subcommittees, including-- (A) a subcommittee on legal issues; (B) a subcommittee on theological issues; (C) a subcommittee on philosophical and ethical issues; (D) a subcommittee on medical issues; (E) a subcommittee on scientific issues; and (F) a subcommittee on social issues. (2) Membership.--With respect to the issues for which each subcommittee has been established, each subcommittee shall be composed of-- (A) 1 expert to be appointed by the members of the Committee who were appointed under subparagraphs (A) and (C) of subsection (b)(1); (B) 1 expert to be appointed by the members of the Committee who were appointed under subparagraphs (B) and (D) of subsection (b)(1); (C) 1 individual operating in the private sector who is acquainted with the issues but who is not an expert to be appointed by the members of the Committee who were appointed under subparagraphs (A) and (C) of subsection (b)(1); (D) 1 individual operating in the private sector who is acquainted with the issues but who is not an expert to be appointed by the members of the Committee who were appointed under subparagraphs (B) and (D) of subsection (b)(1); and (E) 4 members of the Commission with relevant expertise. (3) Meetings.--Meetings of the subcommittees shall be approved by the Commission. (g) Report.--Not later than December 31, 1999, and annually thereafter, the Commission shall prepare and submit to the appropriate committees of Congress a report which shall contain a detailed statement of the recommendations, findings, and conclusions of the Commission. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 5. UNRESTRICTED SCIENTIFIC RESEARCH. Nothing in this Act (or an amendment made by this Act) shall be construed to restrict areas of scientific research that are not specifically prohibited by this Act (or amendments). SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that the Federal Government should advocate for and join an international effort to prohibit the use of human somatic cell nuclear transfer technology to produce a human embryo.", "summary": "Human Cloning Prohibition Act of 1998 - Amends the Federal criminal code to prohibit any person or entity: (1) in or affecting interstate commerce, from using human somatic cell nuclear transfer technology; and (2) from importing an embryo produced through such technology. Sets penalties for violations of this Act of: (1) up to ten years in prison, a fine, or both; and (2) not more than twice the amount of any gross pecuniary gain derived from such violation. Establishes within the Institute of Medicine the National Commission to Promote a National Dialogue on Bioethics. Directs the Commission to provide an independent forum for broad public participation and discourse concerning important bioethical issues, including cloning. Sets forth reporting requirements. Authorizes appropriations. Expresses the sense of the Congress that the Federal Government should advocate and join an international effort to prohibit the use of human somatic cell nuclear transfer technology to produce a human embryo."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Crop Risk Options Plan Act of 2013''. SEC. 2. SUPPLEMENTAL COVERAGE OPTION. (a) Availability of Supplemental Coverage Option.--Paragraph (3) of section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended to read as follows: ``(3) Yield and loss basis options.--A producer shall have the option of purchasing additional coverage based on-- ``(A)(i) an individual yield and loss basis; or ``(ii) an area yield and loss basis; ``(B) an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis to cover a part of the deductible under the individual yield and loss policy, as described in paragraph (4)(C); or ``(C) a margin basis alone or in combination with the coverages available in subparagraph (A) or (B).''. (b) Level of Coverage.--Paragraph (4) of section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended to read as follows: ``(4) Level of coverage.-- ``(A) Dollar denomination and percentage of yield.--Except as provided in subparagraph (C), the level of coverage-- ``(i) shall be dollar denominated; and ``(ii) may be purchased at any level not to exceed 85 percent of the individual yield or 95 percent of the area yield (as determined by the Corporation). ``(B) Information.--The Corporation shall provide producers with information on catastrophic risk and additional coverage in terms of dollar coverage (within the allowable limits of coverage provided in this paragraph). ``(C) Supplemental coverage option.-- ``(i) In general.--Notwithstanding subparagraph (A), in the case of the supplemental coverage option described in paragraph (3)(B), the Corporation shall offer producers the opportunity to purchase coverage in combination with a policy or plan of insurance offered under this subtitle that would allow indemnities to be paid to a producer equal to a part of the deductible under the policy or plan of insurance-- ``(I) at a county-wide level to the fullest extent practicable; or ``(II) in counties that lack sufficient data, on the basis of such larger geographical area as the Corporation determines to provide sufficient data for purposes of providing the coverage. ``(ii) Trigger.--Coverage offered under paragraph (3)(B) and clause (i) shall be triggered only if the losses in the area exceed 10 percent of normal levels (as determined by the Corporation). ``(iii) Coverage.--Subject to the trigger described in clause (ii), coverage offered under paragraph (3)(B) and clause (i) shall not exceed the difference between-- ``(I) 90 percent; and ``(II) the coverage level selected by the producer for the underlying policy or plan of insurance. ``(iv) Calculation of premium.-- Notwithstanding subsection (d), the premium for coverage offered under paragraph (3)(B) and clause (i) shall-- ``(I) be sufficient to cover anticipated losses and a reasonable reserve; and ``(II) include an amount for operating and administrative expenses established in accordance with subsection (k)(4)(F).''. (c) Payment of Portion of Premium by Corporation.--Section 508(e)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is amended by adding at the end the following new subparagraph: ``(H) In the case of the supplemental coverage option authorized in subsection (c)(4)(C), the amount shall be equal to the sum of-- ``(i) 60 percent of the additional premium associated with the coverage; and ``(ii) the amount determined under subsection (c)(4)(C)(vi)(II), subject to subsection (k)(4)(F), for the coverage to cover operating and administrative expenses.''. (d) Effective Date.--The Federal Crop Insurance Corporation shall begin to provide additional coverage based on an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis, not later than for the 2014 crop year. SEC. 3. DATA SOURCES FOR DETERMINATION OF ACTUAL PRODUCTION HISTORY. Section 508(g)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(g)(2)) is amended by adding at the end the following new subparagraph: ``(E) Sources of yield data.--To determine yields under this paragraph, the Corporation shall use data collected by the Risk Management Agency or the National Agricultural Statistics Service, or both.''.", "summary": "Crop Risk Options Plan Act of 2013 - Amends the Federal Crop Insurance Act to make available to crop producers additional coverage to cover part of a crop insurance policy deductible based upon: (1) an individual or area yield and loss basis, (2) an individual yield and loss basis supplemented with coverage based on an area yield and loss basis (supplemental coverage option), or (3) a margin basis alone or in combination with the coverages available in (1) or (2). Triggers the supplemental coverage option only if area losses exceed 10% of normal levels. Provides for: (1) 60% premium coverage plus operating and administrative costs paid by the Federal Crop Insurance Corporation (FCIC), and (2) coverage to begin no later than crop year 2014. Provides that in the case of the supplemental coverage option, FCIC shall offer producers the opportunity to purchase coverage that pays indemnities on a county-wide level or on a larger geographical area level in counties that lack sufficient data. Directs FCIC, in developing yield guarantees, to use county data collected by the Risk Management Agency and/or the National Agricultural Statistics Service."}
{"article": "SECTION 1. SHORT TITLE. This title may be cited as the ``Temporary Emergency Unemployment Compensation Act of 2001''. SEC. 2. FEDERAL-STATE AGREEMENTS. (a) In General.--Any State which desires to do so may enter into and participate in an agreement under this title with the Secretary of Labor (in this title referred to as the ``Secretary''). Any State which is a party to an agreement under this title may, upon providing 30 days written notice to the Secretary, terminate such agreement. (b) Provisions of Agreement.--Any agreement under subsection (a) shall provide that the State agency of the State will make payments of temporary emergency unemployment compensation to individuals who-- (1) have exhausted all rights to regular compensation under the State law; (2) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law (and are not paid or entitled to be paid any additional compensation under any State or Federal law); and (3) are not receiving compensation with respect to such week under the unemployment compensation law of Canada. (c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when-- (1) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period; or (2) such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. (d) Weekly Benefit Amount.--For purposes of any agreement under this title-- (1) the amount of temporary emergency unemployment compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment; (2) the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall apply to claims for temporary emergency unemployment compensation and the payment thereof, except where inconsistent with the provisions of this title or with the regulations or operating instructions of the Secretary promulgated to carry out this title; and (3) the maximum amount of temporary emergency unemployment compensation payable to any individual for whom a temporary emergency unemployment compensation account is established under section 3 shall not exceed the amount established in such account for such individual. (e) Election by States.--Notwithstanding any other provision of Federal law (and if State law permits), the Governor of a State is authorized and may elect to trigger off an extended compensation period in order to provide payment of temporary emergency unemployment compensation to individuals who have exhausted their rights to regular compensation under State law. SEC. 3. TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT. (a) In General.--Any agreement under this title shall provide that the State will establish, for each eligible individual who files an application for temporary emergency unemployment compensation, a temporary emergency unemployment compensation account with respect to such individual's benefit year. (b) Amount in Account.-- (1) In general.--The amount established in an account under subsection (a) shall be equal to 13 times the individual's average weekly benefit amount for the benefit year. (2) Reduction for extended benefits.--The amount in an account under paragraph (1) shall be reduced (but not below zero) by the aggregate amount of extended compensation (if any) received by such individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). (3) Weekly benefit amount.--For purposes of this subsection, an individual's weekly benefit amount for any week is the amount of regular compensation (including dependents' allowances) under the State law payable to such individual for such week for total unemployment. SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION. (a) General Rule.--There shall be paid to each State that has entered into an agreement under this title an amount equal to 100 percent of the temporary emergency unemployment compensation paid to individuals by the State pursuant to such agreement. (b) Treatment of Reimbursable Compensation.--No payment shall be made to any State under this section in respect of any compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any Federal law other than this title or chapter 85 of title 5, United States Code. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this title in respect of such compensation. (c) Determination of Amount.--Sums payable to any State by reason of such State having an agreement under this title shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this title for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. SEC. 5. FINANCING PROVISIONS. (a) In General.--Funds in the extended unemployment compensation account (as established by section 905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the making of payments to States having agreements entered into under this title. (b) Certification.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this title. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as so established) to the account of such State in the Unemployment Trust Fund (as so established). (c) Assistance to States.--There are appropriated, without fiscal year limitation, such funds as may be necessary for purposes of assisting States (as provided in title III of the Social Security Act (42 U.S.C. 501 et seq.) in meeting the costs of administration of agreements under this title. (d) Authorization of Appropriations for Certain Payments.--There are appropriated from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account (as so established) of the Unemployment Trust Fund (as so established) such sums as the Secretary estimates to be necessary to make the payments under this section in respect of-- (1) compensation payable under chapter 85 of title 5, United States Code; and (2) compensation payable on the basis of services to which section 3309(a)(1) of the Internal Revenue Code of 1986 applies. Amounts appropriated pursuant to the preceding sentence shall not be required to be repaid. SEC. 6. FRAUD AND OVERPAYMENTS. (a) In General.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of temporary emergency unemployment compensation under this title to which he was not entitled, such individual-- (1) shall be ineligible for further temporary emergency unemployment compensation under this title in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and (2) shall be subject to prosecution under section 1001 of title 18, United States Code. (b) Repayment.--In the case of individuals who have received amounts of temporary emergency unemployment compensation under this title to which they were not entitled, the State shall require such individuals to repay the amounts of such emergency unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that-- (1) the payment of such emergency unemployment compensation was without fault on the part of any such individual; and (2) such repayment would be contrary to equity and good conscience. (c) Recovery by State Agency.-- (1) In general.--The State agency may recover the amount to be repaid, or any part thereof, by deductions from any temporary emergency unemployment compensation payable to such individual under this title or from any unemployment compensation payable to such individual under any Federal unemployment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 3-year period after the date such individuals received the payment of the temporary emergency unemployment compensation to which they were not entitled, except that no single deduction may exceed 50 percent of the weekly benefit amount from which such deduction is made. (2) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. (d) Review.--Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. SEC. 7. DEFINITIONS. In this title, the terms ``compensation'', ``regular compensation'', ``extended compensation'', ``additional compensation'', ``benefit year'', ``base period'', ``State'', ``State agency'', ``State law'', and ``week'' have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 8. APPLICABILITY. An agreement entered into under this Act shall apply to weeks of unemployment-- (1) beginning no earlier than the first day of the first week beginning after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after the date of enactment of this Act. SEC. 9. TEMPORARY REDUCTION IN INTEREST RATE APPLICABLE TO REPAYMENTS OF ADVANCES TO STATE UNEMPLOYMENT FUNDS. With respect to advances made to a State under section 1201 of the Social Security Act (42 U.S.C. 1321) during the period beginning on the date of enactment of this Act and ending on the date that is 18 months after such date of enactment, the rate of interest paid by a State on such an advance shall be determined under section 1202(b)(4) of the such Act (42 U.S.C. 1322(b)(4)) by substituting ``5 percent'' for ``10 percent'' in the matter preceding subparagraph (A).", "summary": "Temporary Emergency Unemployment Compensation Act of 2001 - Provides for a program of temporary emergency unemployment compensation (TEUC).Sets forth TEUC program requirements for Federal-State agreements, formulas for determining amounts in individual TEUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (including both regular and extended compensation). Reduces an individual TEUC account by the aggregate amount of any extended compensation for the same benefit year.Applies TEUC agreements to weeks of unemployment: (1) beginning on or after the first day of the first week after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after enactment of this Act.Provides for a temporary reduction in the interest rate applicable to repayments of advances to State unemployment funds."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Flat Alternative Individual Return Tax Act of 1997''. SEC. 2. FLAT ALTERNATIVE INDIVIDUAL RETURN TAX. (a) In General.--Part I of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to tax on individuals) is amended by redesignating section 5 as section 6 and by inserting after section 4 the following new section: ``SEC. 5. FLAT ALTERNATIVE INDIVIDUAL RETURN TAX. ``(a) Election.--In lieu of the tax imposed by sections 1 and 55, an individual may elect to be subject to the tax imposed by this section. ``(b) FAIR Tax Imposed.--In the case of an individual making an election under subsection (a), there is hereby imposed on the FAIR taxable income of such individual a tax equal to 20 percent of such FAIR taxable income. ``(c) FAIR Taxable Income.--For purposes of this section, the term `FAIR taxable income' means the excess of-- ``(1) gross income minus the deductions specified by paragraph (1) of section 62(a), over ``(2) the FAIR standard deduction. ``(d) FAIR Standard Deduction.-- ``(1) In general.--For purposes of this section, the term `FAIR standard deduction' means the sum of-- ``(A) the basic standard deduction, plus ``(B) the additional standard deduction. ``(2) Basic standard deduction.--For purposes of paragraph (1), the basic standard deduction is-- ``(A) $21,400 in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), ``(B) $14,000 in the case of a head of household (as defined in section 2(b)), and ``(C) $10,700 in the case of an individual-- ``(i) who is not married and who is not a surviving spouse or head of household, or ``(ii) who is a married individual filing a separate return. ``(3) Additional standard deduction.--For purposes of paragraph (1), the additional standard deduction is $5,000 for each dependent (as defined in section 152) who is described in section 151(c)(1) for the taxable year and who is not required to file a return for such taxable year. ``(e) Income of Certain Children.--For purposes of this section-- ``(1) an individual's taxable income shall include the taxable income of each dependent child of such individual who has not attained age 14 as of the close of such taxable year, and ``(2) such dependent child shall have no liability for tax imposed by this section with respect to such income and shall not be required to file a return for such taxable year. ``(f) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1998, each dollar amount contained in subsection (d) shall be increased by an amount determined by the Secretary to be equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment for such calendar year. ``(2) Cost-of-living adjustment.--For purposes of paragraph (1), the cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(A) the CPI for the preceding calendar year, exceeds ``(B) the CPI for the calendar year 1997. ``(3) CPI for any calendar year.--For purposes of paragraph (2), the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. ``(4) Consumer price index.--For purposes of paragraph (3), the term `Consumer Price Index' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used. ``(5) Rounding.--If any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next highest multiple of $10. ``(g) Married Couple Must File Joint Return.-- ``(1) In general.--Except in the case of a husband and wife who live apart at all times during the taxable year, if the taxpayer is married at the close of the taxable year, an election under subsection (a) shall be made only if the taxpayer and his spouse file a joint return for the taxable year. ``(2) Marital status.--For purposes of this section, marital status shall be determined under section 7703.'' (b) Conforming Amendment.--The table of sections for part I of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 5 and inserting after the item relating to section 4 the following new items: ``Sec. 5. Flat alternative individual return tax. ``Sec. 6. Cross references relating to tax on individuals.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 3. SUPERMAJORITY REQUIRED. (a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that-- (1) increases the FAIR tax rate (as specified in subsection (b) of section 5 of the Internal Revenue Code of 1986, as added by this Act), (2) creates any additional FAIR income tax rate (related to the alternative tax imposed by such section 5), or (3) reduces the FAIR standard deduction (as defined in subsection (d) of such section 5). (b) Waiver or Suspension.--This section may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.", "summary": "Flat Alternative Individual Return Tax Act of 1997 - Amends the Internal Revenue Code to allow an individual to pay, instead of the tax otherwise due under the Code, a tax equal to 20 percent of FAIR taxable income. Defines such income as gross income minus specified deductions over the FAIR standard deduction. Defines such deduction."}
{"article": "SECTION 1. NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER OPERATIONS AND CYBER WEAPONS. (a) Notification.--Chapter 3 of title 10, United States Code, is amended by adding at the end the following new sections: ``Sec. 130j. Notification requirements for sensitive military cyber operations ``(a) In General.--Except as provided in subsection (d), the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of any sensitive military cyber operation conducted under this title no later than 48 hours following such operation. ``(b) Procedures.--(1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify the congressional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes. ``(2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section. ``(3) In the event of an unauthorized disclosure of a sensitive military cyber operation covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the congressional defense committees are notified immediately of the sensitive military cyber operation concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a written notification shall be provided by not later than 48 hours after the provision of the verbal notification. ``(c) Sensitive Military Cyber Operation Defined.--(1) In this section, the term `sensitive military cyber operation' means an action described in paragraph (2) that-- ``(A) is carried out by the armed forces or by a foreign partner in coordination with the armed forces; and ``(B) is intended to cause effects outside a geographic location where United States armed forces are involved in hostilities (as that term is used in section 1543 of title 50, United States Code). ``(2) The actions described in this paragraph are the following: ``(A) An offensive cyber operation. ``(B) A defensive cyber operation outside the Department of Defense Information Networks to defeat an ongoing or imminent threat. ``(d) Exceptions.--The notification requirement under subsection (a) does not apply-- ``(1) to a training exercise conducted with the consent of all nations where the intended effects of the exercise will occur; or ``(2) to a covert action (as that term is defined in section 3093 of title 50, United States Code). ``(e) Rule of Construction.--Nothing in this section shall be construed to provide any new authority or to alter or otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), or any requirement under the National Security Act of 1947 (50 U.S.C. 3001 et seq.). ``Sec. 130k. Notification requirements for cyber weapons ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of the following: ``(1) With respect to a cyber capability that is intended for use as a weapon, the results of any review of the capability for legality under international law pursuant to Department of Defense Directive 5000.01 no later than 48 hours after any military department concerned has completed such review. ``(2) The use as a weapon of any cyber capability that has been approved for such use under international law by a military department no later than 48 hours following such use. ``(b) Procedures.--(1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify the congressional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes. ``(2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section. ``(3) In the event of an unauthorized disclosure of a cyber capability covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the congressional defense committees are notified immediately of the cyber capability concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a written notification shall be provided by not later than 48 hours after the provision of the verbal notification. ``(c) Exceptions.--The notification requirement under subsection (a) does not apply-- ``(1) to a training exercise conducted with the consent of all nations where the intended effects of the exercise will occur; or ``(2) to a covert action (as that term is defined in section 3093 of title 50, United States Code). ``(d) Rule of Construction.--Nothing in this section shall be construed to provide any new authority or to alter or otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), or any requirement under the National Security Act of 1947 (50 U.S.C. 3001 et seq.).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``130j. Notification requirements for sensitive military cyber operations. ``130k. Notification requirements for cyber weapons.''.", "summary": "This bill instructs the Department of Defense (DOD) to notify the congressional defense committees within 48 hours after any sensitive military cyber operation has been conducted. A sensitive military cyber operation is an offensive cyber operation or a defensive cyber operation outside DOD's information networks to defeat an ongoing or imminent threat that: (1) is carried out by the U.S. Armed Forces or by a foreign partner in coordination with them, and (2) is intended to cause effects outside of a geographic location where the Armed Forces are involved in hostilities. DOD must also notify such committees within 48 hours after: (1) the completion of any review of the legality under international law of a cyber capability that is intended for use as a weapon; and (2) the use as a weapon of any cyber capability that has been approved under international law. Such notification requirements shall not apply to: (1) a training exercise conducted with the consent of all of the nations where its intended effects will occur, or (2) a covert action."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens' Freedom to Work Act of 2017''. SEC. 2. REPEAL OF THE RETIREMENT EARNINGS TEST. (a) In General.--Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act (42 U.S.C. 403) are repealed. (b) Conforming Amendments.--Section 203 of such Act (as amended by subsection (a)) is further amended-- (1) by redesignating subsections (c), (e), (g), and (l) as subsections (b), (c), (d), and (e), respectively; (2) in subsection (b) (as so redesignated)-- (A) by striking ``Noncovered Work Outside the United States or''; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking ``paragraphs (2), (3), and (4) of''; and (D) by striking the last sentence. (3) in subsection (c) (as so redesignated), by striking ``subsections (c) and (d)'' and inserting ``subsection (b)''; (4) in subsection (d) (as so redesignated), by striking ``subsection (c)'' each place it appears and inserting ``subsection (b)''; and (5) in subsection (e) (as so redesignated), by striking ``subsection (g) or (h)(1)(A)'' and inserting ``subsection (d)''. (c) Additional Conforming Amendments.-- (1) Provisions relating to benefits terminated upon deportation.--Section 202(n)(1) of the Social Security Act (42 U.S.C. 402(n)(1)) is amended by striking ``Section 203(b), (c), and (d)'' and inserting ``Section 203(b)''. (2) Provisions relating to exemptions from reductions based on early retirement.--Section 202(q) of such Act (42 U.S.C. 402(q)) is amended-- (A) in paragraph (5)(B), by striking ``section 203(c)(2)'' and inserting ``section 203(b)(1)''; and (B) in paragraph (7)(A), by striking ``deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting ``deductions on account of work under section 203 (as in effect on the day before the date of the enactment of the Senior Citizens' Freedom to Work Act of 2017) or deductions under section 222(b)''. (3) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child's insurance benefits.--Section 202(s) of such Act (42 U.S.C. 402(s)) is amended-- (A) in paragraph (1), by striking ``paragraphs (2), (3), and (4) of section 203(c)'' and inserting ``paragraphs (1), (2), and (3) of section 203(b)''; and (B) in paragraph (3), by striking ``The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections'' and inserting ``Subsections''. (4) Provisions relating to suspension of aliens' benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7)) is amended by striking ``Subsections (b), (c), and (d)'' and inserting ``Subsection (b)''. (5) Provisions relating to reductions in benefits based on maximum benefits.--Section 203(a)(3)(B)(iii) of such Act (42 U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and subsections (b), (c), and (d)'' and inserting ``and subsection (b)''. (6) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work.--Section 208(a)(1)(C) of such Act (42 U.S.C. 408(a)(1)(C)) is amended by striking ``under section 203(f) of this title for purposes of deductions from benefits'' and inserting ``under section 203 (as in effect on the day before the date of the enactment of the Senior Citizens' Freedom to Work Act of 2017) for purposes of deductions from benefits on account of work''. (7) Provisions taking into account earnings in determining benefit computation years.--Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended by striking ``no earnings as described in section 203(f)(5) in such year'' and inserting ``no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year''. (8) Provisions relating to rounding of benefits.--Section 215(g) of such Act (42 U.S.C. 415(g)) is amended by striking ``and any deduction under section 203(b)''. (9) Provisions defining income for purposes of ssi.-- Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended-- (A) in paragraph (1)(A), by striking ``as determined under section 203(f)(5)(C)'' and inserting ``as defined in the last two sentences of this subsection''; and (B) by adding at the end (after and below paragraph (2)(H)) the following: ``For purposes of paragraph (1)(A), the term `wages' means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in paragraphs (1), (6)(B), (6)(C), (7)(B), and (8) of section 209(a). In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term `wages' shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee's employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(a)(11)(B) or in a pension plan of the employer.''. (d) Repeal of Deductions on Account of Work Under the Railroad Retirement Program.-- (1) In general.--Section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 231a) is amended-- (A) by striking subsection (f); and (B) by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g). (2) Conforming amendments.-- (A) Section 3(f)(1) of such Act (45 U.S.C. 231b(f)(1)) is amended in the first sentence by striking ``before any reductions under the provisions of section 2(f) of this Act,''. (B) Section 4(g)(2) of such Act (45 U.S.C. 231c(g)(2)) is amended-- (i) in clause (i), by striking ``shall, before any deductions under section 2(g) of this Act,'' and inserting ``shall''; and (ii) in clause (ii), by striking ``any deductions under section 2(g) of this Act and before''. (e) Effective Date.--The amendments made by this section shall apply with respect to taxable years ending after December 31, 2018.", "summary": "Senior Citizens' Freedom to Work Act of 2017 This bill amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to remove limitations on the amount of outside income that an OASDI beneficiary may earn without incurring a reduction in benefits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``John F. Kennedy Center Parking Improvement Act of 1997''. SEC. 2. PARKING GARAGE ADDITIONS AND SITE IMPROVEMENTS. Section 3 of the John F. Kennedy Center Act (20 U.S.C. 76i) is amended-- (1) by striking the section heading and all that follows through ``The Board'' and inserting the following: ``SEC. 3. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS. ``(a) In General.--The Board''; and (2) by adding at the end the following: ``(b) Parking Garage Additions and Site Improvements.-- ``(1) In general.--Substantially in accordance with the plan entitled `Site Master Plan--Drawing Number 1997-2 April 29, 1997,' and map number NCR 844/82571, the Board may design and construct-- ``(A) an addition to the parking garage at each of the north and south ends of the John F. Kennedy Center for the Performing Arts; and ``(B) site improvements and modifications. ``(2) Availability.--The plan shall be on file and available for public inspection in the office of the Secretary of the Center. ``(3) Limitation on use of appropriated funds.--No appropriated funds may be used to pay the costs (including the repayment of obligations incurred to finance costs) of-- ``(A) the design and construction of an addition to the parking garage authorized under paragraph (1)(A); ``(B) the design and construction of site improvements and modifications authorized under paragraph (1)(B) that the Board specifically designates will be financed using sources other than appropriated funds; or ``(C) any project to acquire large screen format equipment for an interpretive theater or to produce an interpretive film that the Board specifically designates will be financed using sources other than appropriated funds.''. SEC. 3. PEDESTRIAN AND VEHICULAR ACCESS. (a) Duties of the Board.--Section 4(a)(1) of the John F. Kennedy Center Act (20 U.S.C. 76j(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (G); (2) by striking the period at the end of subparagraph (H) and inserting ``; and''; and (3) by adding at the end the following: ``(I) ensure that safe and convenient access to the site of the John F. Kennedy Center for the Performing Arts is provided for pedestrians and vehicles.''. (b) Powers of the Board.--Section 5 of such Act (20 U.S.C. 76k) is amended by adding at the end the following: ``(g) Pedestrian and Vehicular Access.--Subject to approval of the Secretary of the Interior under section 4(a)(2)(F), the Board shall develop plans and carry out projects to improve pedestrian and vehicular access to the John F. Kennedy Center for the Performing Arts.''. SEC. 4. DEFINITION OF BUILDING AND SITE. Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76s) and section 9(3) of the Act of October 24, 1951 (40 U.S.C. 193v), are each amended by inserting after ``numbered 844/82563, and dated April 20, 1994'' the following: ``(as amended by the map entitled `Transfer of John F. Kennedy Center for the Performing Arts', numbered 844/82563a and dated May 22, 1997)''. SEC. 5. CONSTRUCTION OF A CENTER FOR PERFORMING ARTS. (a) Findings.--Congress makes the following findings: (1) The United States has an enriched legacy of Hispanic influence in politics, government, economic development, and cultural expression. (2) The Hispanic culture in what is now the United States can be traced to 1528 when a Spanish expedition from Cuba to Florida was shipwrecked on the Texas coast. (3) The Hispanic culture in New Mexico can be traced to 1539 when a Spanish Franciscan Friar, Marcos de Niza, and his guide, Estevanico, traveled into present day New Mexico in search of the fabled city of Cibola and made contact with the people of Zuni. (4) The Hispanic influence in New Mexico is particularly dominant and a part of daily living for all the citizens of New Mexico, who are a diverse composite of racial, ethnic, and cultural peoples. Don Juan de Oarte and the first New Mexican families established the first capital in the United States, San Juan de los Cabelleros, in July of 1598. (5) Based on the 1990 census, there are approximately 650,000 Hispanics in New Mexico, the majority having roots reaching back ten or more generations. (6) There are an additional 200,000 Hispanics living outside of New Mexico with roots in New Mexico. (7) The New Mexico Hispanic Cultural Center is a living tribute to the Hispanic experience and will provide all citizens of New Mexico, the Southwestern United States, the entire United States, and around the world, an opportunity to learn about, partake in, and enjoy the unique Hispanic culture, and the New Mexico Hispanic Cultural Center will assure that this 400-year old culture is preserved. (8) The New Mexico Hispanic Cultural Center will teach, showcase, and share all facets of Hispanic culture, including literature, performing arts, visual arts, culinary arts, and language arts. (9) The New Mexico Hispanic Cultural Center will promote a better cross-cultural understanding of the Hispanic culture and the contributions of individuals to the society in which we all live. (10) In 1993, the legislature and Governor of New Mexico created the Hispanic Cultural Division as a division within the Office of Cultural Affairs. One of the principal responsibilities of the Hispanic Cultural Division is to oversee the planning, construction, and operation of the New Mexico Hispanic Cultural Center. (11) The mission of the New Mexico Hispanic Cultural Center is to create a greater appreciation and understanding of Hispanic culture. (12) The New Mexico Hispanic Cultural Center will serve as a local, regional, national, and international site for the study and advancement of Hispanic culture, expressing both the rich history and the forward-looking aspirations of Hispanics throughout the world. (13) The New Mexico Hispanic Cultural Center will be a Hispanic arts and humanities showcase to display the works of national and international artists, and to provide a venue for educators, scholars, artists, children, elders, and the general public. (14) The New Mexico Hispanic Cultural Center will provide a venue for presenting the historic and contemporary representations and achievements of the Hispanic culture. (15) The New Mexico Hispanic Cultural Center will sponsor arts and humanities programs, including programs related to visual arts of all forms (including drama, dance, and traditional and contemporary music), research, literary arts, genealogy, oral history, publications, and special events such as, fiestas, culinary arts demonstrations, film video productions, storytelling presentations and education programs. (16) Phase I of the New Mexico Hispanic Cultural Center complex is scheduled to be completed by August of 1998 and is planned to consist of an art gallery with exhibition space and a museum, administrative offices, a restaurant, a ballroom, a gift shop, an amphitheater, a research and literary arts center, and other components. (17) Phase II of the New Mexico Hispanic Cultural Center complex is planned to include a performing arts center (containing a 700-seat theater, a stage house, and a 300-seat film/video theater), a 150-seat black box theater, an art studio building, a culinary arts building, and a research and literary arts building. (18) It is appropriate for the Federal Government to share in the cost of constructing the New Mexico Hispanic Cultural Center because Congress recognizes that the New Mexico Hispanic Cultural Center has the potential to be a premier facility for performing arts and a national repository for Hispanic arts and culture. (b) Definitions.--In this section: (1) Center.--The term ``Center'' means the Center for Performing Arts, within the complex known as the New Mexico Hispanic Cultural Center, which Center for the Performing Arts is a central facility in Phase II of the New Mexico Hispanic Cultural Center complex. (2) Hispanic cultural division.--The term ``Hispanic Cultural Division'' means the Hispanic Cultural Division of the Office of Cultural Affairs of the State of New Mexico. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Construction of Center.--The Secretary shall award a grant to New Mexico to pay for the Federal share of the costs of the design, construction, furnishing, and equipping of the Center for Performing Arts that will be located at a site to be determined by the Hispanic Cultural Division, within the complex known as the New Mexico Hispanic Cultural Center. (d) Grant Requirements.-- (1) In general.--In order to receive a grant awarded under subsection (c), New Mexico, acting through the Director of the Hispanic Cultural Division-- (A) shall submit to the Secretary, within 30 days of the date of enactment of this section, a copy of the New Mexico Hispanic Cultural Center Program document dated January 1996; and (B) shall exercise due diligence to expeditiously execute, in a period not to exceed 90 days after the date of enactment of this section, the memorandum of understanding under paragraph (2) recognizing that time is of the essence for the construction of the Center because 1998 marks the 400th anniversary of the first permanent Spanish settlement in New Mexico. (2) Memorandum of understanding.--The memorandum of understanding described in paragraph (1) shall provide-- (A) the date of completion of the construction of the Center; (B) that Antoine Predock, an internationally recognized architect, shall be the supervising architect for the construction of the Center; (C) that the Director of the Hispanic Cultural Division shall award the contract for architectural engineering and design services in accordance with the New Mexico Procurement Code; and (D) that the contract for the construction of the Center-- (i) shall be awarded pursuant to a competitive bidding process; and (ii) shall be awarded not later than 3 months after the solicitation for bids for the construction of the Center. (3) Federal share.--The Federal share of the costs described in subsection (c) shall be 50 percent. (4) Non-federal share.--The non-Federal share of the costs described in subsection (c) shall be in cash or in kind fairly evaluated, including plant, equipment, or services. The non- Federal share shall include any contribution received by New Mexico for the design, construction, furnishing, or equipping of Phase I or Phase II of the New Mexico Hispanic Cultural Center complex prior to the date of enactment of this section. The non-Federal share of the costs described in subsection (c) shall include the following: (A) $16,410,000 that was appropriated by the New Mexico legislature since January 1, 1993, for the planning, property acquisition, design, construction, furnishing, and equipping of the New Mexico Hispanic Cultural Center complex. (B) $116,000 that was appropriated by the New Mexico legislature for fiscal year 1995 for the startup and operating expenses of the New Mexico Hispanic Cultural Center. (C) $226,000 that was appropriated by the New Mexico legislature for fiscal year 1996 for the startup and operating expenses of the New Mexico Hispanic Cultural Center. (D) $442,000 that was appropriated by the New Mexico legislature for fiscal year 1997 for the startup and operating expenses of the New Mexico Hispanic Cultural Center. (E) $551,000 that was appropriated by the New Mexico legislature for fiscal year 1998 for the startup and operating expenses of the New Mexico Hispanic Cultural Center. (F) A 10.9-acre lot with a historic 22,000 square foot building donated by the Mayor and City Council of Albuquerque, New Mexico, to New Mexico for the New Mexico Hispanic Cultural Center. (G) 12 acres of ``Bosque'' land adjacent to the New Mexico Hispanic Cultural Center complex for use by the New Mexico Hispanic Cultural Center. (H) The $30,000 donation by the Sandia National Laboratories and Lockheed Martin Corporation to support the New Mexico Hispanic Cultural Center and the program activities of the New Mexico Hispanic Cultural Center. (e) Use of Funds for Design, Construction, Furnishing, and Equipment.--The funds received under a grant awarded under subsection (c) shall be used only for the design, construction, management and inspection, furnishing, and equipment of the Center. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section a total of $17,800,000 for fiscal year 1998 and succeeding fiscal years. Funds appropriated pursuant to the authority of the preceding sentence shall remain available until expended. SEC. 6. CONSTRUCTION OF A CENTER FOR REGIONAL BLACK CULTURE. (a) Findings.--Congress makes the following findings: (1) Currently 500,000 historically important artifacts of the Civil War era and the early days of the civil rights movement in the Southeast region of the United States are housed at Florida A&M University. (2) To preserve this large repertory of African-American history and artifacts it is appropriate that the Federal Government share in the cost of construction of this national repository for culture and history. (b) Definition.--In this section: (1) Center.--The term ``Center'' relates to the Center for Historically Black Heritage at Florida A&M University. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior Acting through the director of the Park Service. (c) Construction of Center.--The Secretary shall award a grant to the State of Florida to pay for the Federal share of the costs design construction, furnishing and equipping the Center at Florida A&M University. (d) Grant Requirements.-- (1) In general.--In order to receive the grant awarded under subsection (c), Florida A&M University, shall submit to the Secretary a proposal. (2) Federal share.--The Federal share of the costs described in subsection (c) shall be 50 percent. (e) Authorization of Appropriation.--There is authorized to be appropriated to the Secretary of the Interior to carry out this section a total of $3,800,000 for fiscal year 1998 and preceding fiscal years. Funds appropriated pursuant to the authority of the preceding sentence should remain available until expended. SEC. 7. RELOCATION AND EXPANSION OF HAFFENREFFER MUSEUM OF ANTHROPOLOGY. (a) Definitions.--In this section: (1) Museum.--The term ``Museum'' means the Haffenreffer Museum of Anthropology at Brown University in Providence, Rhode Island. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Relocation and Expansion of Museum.--The Secretary shall make a grant to Brown University in Providence, Rhode Island, to pay the Federal share of the costs associated with the relocation and expansion of the Museum, including the design, construction, renovation, restoration, furnishing, and equipping of the Museum. (c) Grant Requirements.-- (1) In general.--To receive a grant under subsection (b), the Museum shall submit to the Secretary a proposal for the use of the grant. (2) Federal share.--The Federal share of the costs described in subsection (b) shall be 20 percent. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000, to remain available until expended. SEC. 8. ENVIRONMENTAL RESEARCH CENTER. (a) In General.--The Secretary of the Interior shall award a grant to Juniata College for the construction of environmental research facilities and structures at Raystown Lake, Pennsylvania. (b) Coordination.--As a condition to receipt of the grant authorized in subsection (a), officials of Juniata College shall coordinate with the Baltimore District of the Army Corps of Engineers. (c) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 to carry out this section. SEC. 9. FORT PECK DAM INTERPRETIVE CENTER. (a) In General.--The Secretary of the Interior shall design, construct, furnish and equip an historical, cultural and paleontological interpretive center and museum to be located at Fort Peck Dam, Montana. (b) Coordination.--In carrying out subsection (a), the Secretary of the Interior shall coordinate with officials of the Bureau of Reclamation, Bureau of Land Management, United States Army Corps of Engineers and the Fort Peck Dam Interpretive Center and Museum. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section a total of $10,000,000. Funds appropriated are available until expended. Passed the Senate July 31, 1997. Attest: GARY SISCO, Secretary.", "summary": "John F. Kennedy Center Parking Improvement Act of 1997 - Amends the John F. Kennedy Center Act to authorize the Board of Trustees for the John F. Kennedy Center for the Performing Arts, in accordance with a specified master site plan, to design and construct: (1) parking garage additions at the north and south ends of the Center; and (2) site improvements and modifications. Prohibits the use of appropriated funds for the design and construction of such garage additions or for the following activities that the Board specifically designates for financing through non-appropriated fund sources: (1) the above site improvements and modifications; and (2) acquiring large screen format equipment for an interpretive theater or for the production of an interpretive film. Requires the Board to: (1) ensure that safe and convenient Center site access is provided for pedestrians and vehicles; and (2) develop plans and carry out projects for access improvements. Directs the Secretary of the Interior to award a grant to New Mexico for the Federal share of the costs of design, construction, furnishing, and equipping of the Center for the Performing Arts within the New Mexico Hispanic Cultural Center. Requires a Federal share of 50 percent of project costs. Requires the non-Federal share to include any contributions already received in support of the design and construction of Phase I or II of the Center complex. Authorizes appropriations. Directs the Secretary to award a grant to Florida for the Federal share of the costs of design, construction, furnishing, and equipping of the Center for Historically Black Heritage at Florida A&M University. Requires a Federal share of 50 percent of project costs. Authorizes appropriations. Directs the Secretary to make a grant to Brown University in Providence, Rhode Island, for the Federal share of the costs of the relocation and expansion of the Haffenreffer Museum of Anthropology at the University. Requires a Federal share of 20 percent of project costs. Authorizes appropriations. Directs the Secretary to award a grant to Juniata College for the construction of environmental research facilities and structures at Raystown Lake, Pennsylvania. Authorizes appropriations. Directs the Secretary to design, construct, furnish, and equip a historical, cultural, and paleontological interpretive center and museum at Fort Peck Dam, Montana. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Whale Conservation Fund Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) the populations of whales that occur in waters of the United States are resources of substantial ecological, scientific, socioeconomic, and esthetic value; (2) whale populations-- (A) form a significant component of marine ecosystems; (B) are the subject of intense research; (C) provide for a multimillion dollar whale watching tourist industry that provides the public an opportunity to enjoy and learn about great whales and the ecosystems of which the whales are a part; and (D) are of importance to Native Americans for cultural and subsistence purposes; (3) whale populations are in various stages of recovery, and some whale populations, such as the northern right whale (Eubaleana glacialis) remain perilously close to extinction; (4) the interactions that occur between ship traffic, commercial fishing, whale watching vessels, and other recreational vessels and whale populations may affect whale populations adversely; (5) the exploration and development of oil, gas, and hard mineral resources, marine debris, chemical pollutants, noise, and other anthropogenic sources of change in the habitat of whales may affect whale populations adversely; (6) the conservation of whale populations is subject to difficult challenges related to-- (A) the migration of whale populations across international boundaries; (B) the size of individual whales, as that size precludes certain conservation research procedures that may be used for other animal species, such as captive research and breeding; (C) the low reproductive rates of whales that require long-term conservation programs to ensure recovery of whale populations; and (D) the occurrence of whale populations in offshore waters where undertaking research, monitoring, and conservation measures is difficult and costly; (7)(A) the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, has research and regulatory responsibility for the conservation of whales under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); and (B) the heads of other Federal agencies and the Marine Mammal Commission established under section 201 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1401) have related research and management activities under the Marine Mammal Protection Act of 1972 or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (8) the funding available for the activities described in paragraph (8) is insufficient to support all necessary whale conservation and recovery activities; and (9) there is a need to facilitate the use of funds from non-Federal sources to carry out the conservation of whales. SEC. 3. NATIONAL WHALE CONSERVATION FUND. Section 4 of the National Fish and Wildlife Establishment Act (16 U.S.C. 3703) is amended by adding at the end the following: ``(f)(1) In carrying out the purposes under section 2(b), the Foundation may establish a national whale conservation endowment fund, to be used by the Foundation to support research, management activities, or educational programs that contribute to the protection, conservation, or recovery of whale populations in waters of the United States. ``(2)(A) In a manner consistent with subsection (c)(1), the Foundation may-- ``(i) accept, receive, solicit, hold, administer, and use any gift, devise, or bequest made to the Foundation for the express purpose of supporting whale conservation; and ``(ii) deposit in the endowment fund under paragraph (1) any funds made available to the Foundation under this subparagraph, including any income or interest earned from a gift, devise, or bequest received by the Foundation under this subparagraph. ``(B) To raise funds to be deposited in the endowment fund under paragraph (1), the Foundation may enter into appropriate arrangements to provide for the design, copyright, production, marketing, or licensing, of logos, seals, decals, stamps, or any other item that the Foundation determines to be appropriate. ``(C)(i) The Secretary of Commerce may transfer to the Foundation for deposit in the endowment fund under paragraph (1)-- ``(I) any amount (or portion thereof) received by the Secretary under section 105(a)(1) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a civil penalty assessed by the Secretary under that section; or ``(II) any amount (or portion thereof) received by the Secretary as a settlement or award for damages in a civil action or other legal proceeding relating to damage of natural resources. ``(ii) The Directors of the Board shall ensure that any amounts transferred to the Foundation under clause (i) for the endowment fund under paragraph (1) are deposited in that fund in accordance with this subparagraph. ``(3) It is the intent of Congress that in making expenditures from the endowment fund under paragraph (1) to carry out activities specified in that paragraph, the Foundation should give priority to funding projects that address the conservation of populations of whales that the Foundation determines-- ``(A) are the most endangered (including the northern right whale (Eubaleana glacialis)); or ``(B) most warrant, and are most likely to benefit from, research managment, or educational activities that may be funded with amounts made available from the fund. ``(g) In carrying out any action on the part of the Foundation under subsection (f), the Directors of the Board shall consult with the Administrator of the National Oceanic and Atmospheric Administration and the Marine Mammal Commission.''.", "summary": "National Whale Conservation Fund Act of 1998 - Amends the National Fish and Wildlife Establishment Act to authorize the National Fish and Wildlife Foundation to establish a national whale conservation endowment fund to be used to support research, management activities, or educational programs that contribute to the protection, conservation, or recovery of whale populations in U.S. waters. Permits the Foundation to enter into appropriate arrangements to provide for the design, copyright, production, marketing, or licensing of logos, seals, decals, stamps, or any other item that the Foundation determines to be appropriate to raise funds to be deposited in the fund. Authorizes the Secretary of Commerce to transfer to the Foundation for deposit in the fund: (1) any amount received by the Secretary as a civil penalty assessed under the Marine Mammal Protection Act of 1972; or (2) any amount received by the Secretary as a settlement or award for damages in a civil action or other legal proceeding relating to damage of natural resources. Declares it is the intent of the Congress that, in making expenditures from the fund, the Foundation should give priority to projects that address the conservation of populations of whales that the Foundation determines: (1) are the most endangered; or (2) most warrant, and are most likely to benefit from, research management or educational activities. Requires the Directors to consult with the Administrator of the National Oceanic and Atmospheric Administration and the Marine Mammal Commission in carrying out any action under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Zimbabwe Democracy and Economic Recovery Act of 2001''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States to support the people of Zimbabwe in their struggle to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law. SEC. 3. DEFINITIONS. In this Act: (1) International financial institutions.--The term ``international financial institutions'' means the multilateral development banks and the International Monetary Fund. (2) Multilateral development banks.--The term ``multilateral development banks'' means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency. SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY. (a) Findings.--Congress makes the following findings: (1) Through economic mismanagement, undemocratic practices, and the costly deployment of troops to the Democratic Republic of the Congo, the Government of Zimbabwe has rendered itself ineligible to participate in International Bank for Reconstruction and Development and International Monetary Fund programs, which would otherwise be providing substantial resources to assist in the recovery and modernization of Zimbabwe's economy. The people of Zimbabwe have thus been denied the economic and democratic benefits envisioned by the donors to such programs, including the United States. (2) In September 1999 the IMF suspended its support under a ``Stand By Arrangement'', approved the previous month, for economic adjustment and reform in Zimbabwe. (3) In October 1999, the International Development Association (in this section referred to as the ``IDA'') suspended all structural adjustment loans, credits, and guarantees to the Government of Zimbabwe. (4) In May 2000, the IDA suspended all other new lending to the Government of Zimbabwe. (5) In September 2000, the IDA suspended disbursement of funds for ongoing projects under previously-approved loans, credits, and guarantees to the Government of Zimbabwe. (b) Support for Democratic Transition and Economic Recovery.-- (1) Bilateral debt relief.--Upon receipt by the appropriate congressional committees of a certification described in subsection (d), the Secretary of the Treasury shall undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by any agency of the United States Government. (2) Multilateral debt relief and other financial assistance.-- It is the sense of Congress that, upon receipt by the appropriate congressional committees of a certification described in subsection (d), the Secretary of the Treasury should-- (A) direct the United States executive director of each multilateral development bank to propose that the bank should undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by that bank; and (B) direct the United States executive director of each international financial institution to which the United States is a member to propose to undertake financial and technical support for Zimbabwe, especially support that is intended to promote Zimbabwe's economic recovery and development, the stabilization of the Zimbabwean dollar, and the viability of Zimbabwe's democratic institutions. (c) Multilateral Financing Restriction.--Until the President makes the certification described in subsection (d), and except as may be required to meet basic human needs or for good governance, the Secretary of the Treasury shall instruct the United States executive director to each international financial institution to oppose and vote against-- (1) any extension by the respective institution of any loan, credit, or guarantee to the Government of Zimbabwe; or (2) any cancellation or reduction of indebtedness owed by the Government of Zimbabwe to the United States or any international financial institution. (d) Presidential Certification That Certain Conditions Are Satisfied.--A certification under this subsection is a certification transmitted to the appropriate congressional committees of a determination made by the President that the following conditions are satisfied: (1) Restoration of the rule of law.--The rule of law has been restored in Zimbabwe, including respect for ownership and title to property, freedom of speech and association, and an end to the lawlessness, violence, and intimidation sponsored, condoned, or tolerated by the Government of Zimbabwe, the ruling party, and their supporters or entities. (2) Election or pre-election conditions.--Either of the following two conditions is satisfied: (A) Presidential election.--Zimbabwe has held a presidential election that is widely accepted as free and fair by independent international monitors, and the president-elect is free to assume the duties of the office. (B) Pre-election conditions.--In the event the certification is made before the presidential election takes place, the Government of Zimbabwe has sufficiently improved the pre-election environment to a degree consistent with accepted international standards for security and freedom of movement and association. (3) Commitment to equitable, legal, and transparent land reform.--The Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent land reform program consistent with agreements reached at the International Donors' Conference on Land Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in September 1998. (4) Fulfillment of agreement ending war in democratic republic of congo.--The Government of Zimbabwe is making a good faith effort to fulfill the terms of the Lusaka, Zambia, agreement on ending the war in the Democratic Republic of Congo. (5) Military and national police subordinate to civilian government.--The Zimbabwean Armed Forces, the National Police of Zimbabwe, and other state security forces are responsible to and serve the elected civilian government. (e) Waiver.--The President may waive the provisions of subsection (b)(1) or subsection (c), if the President determines that it is in the national interest of the United States to do so. SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND INDEPENDENT MEDIA, AND THE RULE OF LAW. (a) In General.--The President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 to-- (1) support an independent and free press and electronic media in Zimbabwe; (2) support equitable, legal, and transparent mechanisms of land reform in Zimbabwe, including the payment of costs related to the acquisition of land and the resettlement of individuals, consistent with the International Donors' Conference on Land Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in September 1998, or any subsequent agreement relating thereto; and (3) provide for democracy and governance programs in Zimbabwe. (b) Funding.--Of the funds authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 for fiscal year 2002-- (1) $20,000,000 is authorized to be available to provide the assistance described in subsection (a)(2); and (2) $6,000,000 is authorized to be available to provide the assistance described in subsection (a)(3). (c) Supersedes Other Laws.--The authority in this section supersedes any other provision of law. SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE BREAKDOWN OF THE RULE OF LAW IN ZIMBABWE. It is the sense of Congress that the President should begin immediate consultation with the governments of European Union member states, Canada, and other appropriate foreign countries on ways in which to-- (1) identify and share information regarding individuals responsible for the deliberate breakdown of the rule of law, politically motivated violence, and intimidation in Zimbabwe; (2) identify assets of those individuals held outside Zimbabwe; (3) implement travel and economic sanctions against those individuals and their associates and families; and (4) provide for the eventual removal or amendment of those sanctions. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Zimbabwe Democracy and Economic Recovery Act of 2001 - Declares it is U.S. policy to support the people of Zimbabwe in their struggles to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law.(Sec. 4) Directs the Secretary of the Treasury to review, and expresses the sense of Congress that the Secretary should instruct U.S. executive directors to multilateral development banks and international financial institutions to propose review of, the cancellation or reduction of indebtedness owed by, or the extension of loans, credit, or guarantees to, the Government of Zimbabwe upon the President's certification to the appropriate congressional committees that: (1) the rule of law has been restored in Zimbabwe; (2) certain election or pre-election conditions have been met; (3) the Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent land reform program that is consistent with agreements reached at the International Donors' Conference on Land Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in September 1998; (4) such Government is making a good faith effort to fulfill the terms of the Lusaka, Zambia, agreement in ending the war in the Democratic Republic of Congo; and (5) the Zimbabwean Armed Forces, the National Police of Zimbabwe, and other state security forces have become subordinate to the elected civilian Government. Directs the Secretary to instruct such U.S. executive directors to oppose such assistance to Zimbabwe until such certification is made. Authorizes the President to waive such requirements if it is in the national interest of the United States.(Sec. 5) Authorizes the President to provide certain foreign assistance funds to Zimbabwe to support the establishment of democratic institutions, free press and independent media, and the rule of law. Authorizes appropriations for FY 2002.(Sec. 6) Urges the President to consult immediately with the governments of European Union member states, Canada, and other appropriate foreign countries on identifying and imposing travel and economic sanctions against individuals responsible for the breakdown of the rule of law, politically motivated violence, and intimidation in Zimbabwe."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Island Aviation History Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Long Island has played an indispensable role in the development of the aviation industry in the United States. In particular, the Hempstead Plains, Suffolk County Air Force Base, and parts of Bethpage, Port Washington, and Farmingdale contain notable landmarks of aviation history. (2) The Hempstead Plains encompass approximately 950 acres east of Clinton Road and south of Old Country Road in Garden City, New York, and have been called the ``Cradle of Aviation''. (3) In the early 20th century, the Hempstead Plains had 3 major airfields, all of great historical significance: Roosevelt Field, Curtiss Field, and Mitchel Field. (4) During World War I, the airfields of Hempstead Plains were an important training center for United States military pilots, as well as a major hub for military aircraft research, development, and production. (5) The first transatlantic flight, carried out by the U.S. Navy Curtiss NC-4 in 1919, took off from Rockaway, New York, and cemented the United States leading role in aviation innovation. This aircraft was built at the Curtiss factory in Garden City--a building which still stands. (6) Roosevelt Field in Garden City, New York, was the point of departure for Charles Lindbergh's famous transatlantic flight aboard the Spirit of St. Louis completed on May 20, 1927. (7) In 1929, Amelia Earhart and other pioneering women pilots founded the International Organization of Women Pilots, or the Ninety-Nines, at Curtiss Field. (8) Curtiss Field also served as the terminus for transcontinental airmail from 1918-1929. (9) In the 1930s, Roosevelt Field was the busiest civilian airfield in the United States, and played a role in many other historic transcontinental, transatlantic, and record-setting flights. (10) Port Washington, New York, once known as the ``Plymouth Rock'' of American aviation, was Pan American World Airways' trans-Atlantic hub on Manhasset Isle from 1934 to 1940. (11) During World War II, Long Island was a crucial center of military aircraft production. These aircraft, produced in huge numbers for the Army, Navy, and foreign governments, were of excellent quality and had a major impact on the course of the war in all theaters. (12) Most notably, the Grumman Aircraft Company, based in Bethpage, New York, and the Republic Aviation Corporation, based in Farmingdale, New York, manufactured innovative planes that proved highly valuable to the U.S. military such as Grumman's F6F-3 Hellcat and Republic's P-47 Thunderbolt. (13) Mitchel Air Force Base, located on the Hempstead Plains, served as the original location of the Air Defense Command upon its inception in 1940, and was integral to the defense of the main-land United States during World War II and thereafter. (14) In 1951, the Suffolk County Air Force Base, located in Westhampton, New York, became the prime Air Defense Command base responsible for defending the New York City metropolitan area from all air attacks. (15) In 1962, Grumman won the contract to build the Lunar Module as part of the Apollo Program, and in 1969 the first men traveled to the moon aboard a spacecraft built with the expertise of Long Island's aviation industry. SEC. 3. SPECIAL RESOURCE STUDY. (a) Study.--The Secretary of the Interior shall conduct a special resource study of the study area. (b) Contents.--In conducting the study under subsection (a), the Secretary shall-- (1) evaluate the national significance of the study area based on an assessment of Long Island's aviation history; (2) determine the suitability and feasibility of designating parts of the study area as a unit of the National Park System commemorating Long Island's aviation history; (3) consider other alternatives for preservation, protection, and interpretation of the study area by Federal, State, or local governmental entities, or private and nonprofit organizations; (4) identify properties related to Long Island's aviation history that could meet criteria for listing in the National Register of Historic Places or criteria for designation as National Historic Landmarks; (5) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations, or any other interested individuals; (6) consider the appropriate management options needed to ensure the protection, preservation, and interpretation of the study area; (7) evaluate appropriate ways to enhance historical research, education, interpretation, and public awareness of Long Island's aviation history; and (8) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Study Area.--The term ``study area'' means Long Island with a particular focus on the Hempstead Plains, the areas surrounding Suffolk County Air Force Base, the hamlet of Bethpage, the hamlet of Port Washington, and the village of Farmingdale. (d) Applicable Law.--The study required under subsection (a) shall be conducted in accordance with section 100507 of title 54, United States Code. (e) Report.--Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the results of the study and any conclusions and recommendations of the Secretary.", "summary": "Long Island Aviation History Act This bill directs the Department of the Interior to conduct a special resource study of the aviation history of Long Island, with a particular focus on the Hempstead Plains, the areas surrounding Suffolk County Air Force Base, the hamlet of Bethpage, the hamlet of Port Washington, and the village of Farmingdale."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``San Francisco Bay National Wildlife Refuge Complex Establishment Act''. (b) Findings.--The Congress finds the following: (1) In 1974, the first congressionally-mandated national wildlife refuge in the country was established in San Francisco Bay, renamed in 1995 as the Don Edwards San Francisco Bay National Wildlife Refuge. It was the Nation's first urban refuge and remains the largest national wildlife refuge in a metropolitan area. The Service manages it as part of a Complex with the Antioch Dunes, Ellicott Slough, Farallon, Marin Islands, Salinas River, and San Pablo Bay National Wildlife Refuges, comprising more than 46,000 acres. The Complex's urban setting and high visitorship provide unique challenges and opportunities to advance the mission of the national wildlife refuge system, including engagement, education, and involvement of new constituencies. (2) The Complex represents a unique national asset within the National Wildlife Refuge System and should be a focal point for cutting edge research, science, and practice in habitat management and restoration, including projects in the areas of-- (A) implementation of recovery plans for endangered and threatened wildlife species, and habitat conservation plans for tidal marsh and other priority ecosystems; (B) integrated ecosystem management and adaptive approaches to planning and implementation of landscape- scale ecosystem restoration; (C) carbon sequestration and natural shoreline protection benefits of tidal marsh restoration in the face of rising sea levels; (D) monitoring the health of key species and the value of habitat; (E) removal and control of harmful nonnative species; (F) public education and community stewardship opportunities in furtherance of the mission of the National Wildlife Refuge System; (G) public-private partnerships and collaborative conservation; and (H) establishing and documenting best practices and disseminating and replicating them throughout the National Wildlife Refuge System. SEC. 2. ESTABLISHMENT. (a) In General; Purposes.--For the purposes of preservation, conservation, restoration, and enhancement of highly significant wildlife habitat in the ecosystem known generally as San Francisco Bay in the State of California, protection of migratory waterfowl and other wildlife, including species known to be threatened or endangered with extinction, providing opportunities for wildlife-oriented recreation and nature study within the open space so preserved, the Secretary shall establish, in accordance with this Act, an urban ecosystem wildlife refuge complex to be known as the San Francisco Bay National Wildlife Refuge Complex. (b) Objectives.--In addition to the purposes of the Refuge Complex specified in subsection (a), the Refuge Complex shall be managed in accordance with all laws, regulations, executive orders, and comprehensive conservation plans that applied before the date of the enactment of this Act to the San Francisco Bay National Wildlife Refuge Complex and for the following objectives: (1) To strengthen and complement existing resource management, conservation, restoration, and education programs and activities at the Refuge Complex in a manner consistent with the purposes set forth in subsection (a). (2) To conserve, enhance, and restore the native aquatic and terrestrial communities and their characteristics found within the Refuge Complex and the San Francisco Bay ecosystem in partnership with governmental, nongovernmental, and private organizations and private individuals dedicated to fish and wildlife habitat preservation, protection, recovery, restoration, or enhancement. (3) To facilitate partnerships among the Service, the State of California, regional and local governments, Indian tribes, communities, conservation organizations and other non-Federal entities to promote community stewardship and to enhance public awareness and appreciation among urban and metropolitan residents within the greater San Francisco Bay ecosystem of the natural resources of the Refuge Complex and the importance of maintaining fish and wildlife habitat to compensate for the significant scale of human development and land conversion that has occurred in this region of northern California. (4) To advance the collective goals, priorities, and strategies established in the covered report in order to protect, preserve, conserve, manage, restore, recover, or enhance fish and wildlife habitat in the San Francisco Bay ecosystem. (5) To provide for the systematic monitoring of key species and environmental health in general, to facilitate programs to control or eradicate harmful, non-native invasive species, to advance adaptive approaches to planning, carbon sequestration, and natural shoreline protection, and to implement landscape- level strategies for ecosystem recovery, restoration and enhancement. SEC. 3. REFUGE COMPLEX BOUNDARIES. (a) In General.--There shall be included within the boundaries of the Refuge Complex those existing refuge dunes, beaches, marshes and sloughs, tidal flats, salt ponds, submerged lands, islands, and other lands and open waters in the San Francisco Bay and Monterey Bay ecosystems as generally depicted on the map entitled ``San Francisco Bay NWR Complex'' and dated April 2008, including-- (1) Antioch Dunes National Wildlife Refuge; (2) Don Edwards San Francisco Bay National Wildlife Refuge; (3) Ellicott Slough National Wildlife Refuge; (4) Farallon National Wildlife Refuge; (5) Marin Islands National Wildlife Refuge; (6) Salinas River National Wildlife Refuge; (7) San Pablo Bay National Wildlife Refuge; and (8) any other areas added to the Refuge Complex after date of enactment of this Act. (b) Availability of Map.--The map referred to in subsection (a) shall be held on file and available for public inspection in the appropriate offices of the Service. (c) Boundary Revisions.--The Secretary may from time to time make such corrections to the boundaries of the Refuge Complex as may be appropriate to carry out the purposes of the Refuge Complex as specified under this Act or to facilitate the acquisition of property within the Refuge Complex pursuant to section 5. SEC. 4. NOTIFICATION OF ESTABLISHMENT AND ADMINISTRATION. (a) Notification of Establishment.--No later than 180 days after date of enactment of this Act, the Secretary shall establish the Refuge Complex by publication of a notice to that effect in the Federal Register. (b) Administration.--Prior to the establishment of the Refuge Complex and thereafter, the Secretary shall administer all federally owned lands, waters, and interests therein acquired for the Refuge Complex in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and this Act. The Secretary may utilize such additional statutory authority as may be available to the Secretary for the conservation, management, and restoration of fish and wildlife and natural resources, the development of wildlife dependent outdoor recreation opportunities, and facilitation of fish and wildlife interpretation and education as the Secretary considers appropriate to carry out the purposes of this Act. (c) Priority Uses.--In providing opportunities for compatible fish and wildlife dependent recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation, photography, and environmental education and interpretation are the priority public uses of the Refuge Complex. Each refuge within the Refuge Complex shall continue to provide those uses compatible with the establishment of that refuge. (d) Cooperative Agreements Regarding Non-Federal Lands.--The Secretary may enter into cooperative agreements with the State of California, its departments or agencies, or any political subdivision thereof, and with any other person for the management in a manner consistent with this Act of lands that are owned by such State, subdivision, or other person and located within the boundaries of the Refuge Complex and to promote public awareness of the natural resources of the San Francisco Bay ecosystem and encourage public participation in the conservation of those resources. SEC. 5. ACQUISITION AND TRANSFER OF LANDS AND WATERS FOR REFUGE COMPLEX. (a) Acquisitions.--The Secretary may acquire by donation, purchase with donated or appropriated funds, or exchange the lands and waters or interests therein (including conservation easements) within the boundaries of the Refuge Complex, except that lands, waters, and interests therein owned by the State of California may be acquired only by donation. (b) Transfers From Other Agencies.--Any Federal property located within the boundaries of the Refuge Complex as described by this Act, that is under the administrative jurisdiction of a department or agency of the United States other than the Department of the Interior may, with the mutual concurrence of the head of the administering department or agency and the Secretary, be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this Act. SEC. 6. REPEAL. Public Law 92-330 is repealed effective upon the date on which the Secretary publishes a notice of establishment of the Refuge Complex under section 4(a). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary-- (1) such sums as may be necessary for the acquisition of lands and waters, or interests in lands and waters, within the Refuge Complex; (2) such sums as may be necessary for the development, operation and maintenance of the Refuge Complex; and (3) such sums as may be necessary to facilitate the recovery and restoration of fish and wildlife habitats within the Refuge Complex. SEC. 8. DEFINITIONS. For the purposes of this Act-- (1) the term ``covered report'' means the report entitled ``Baylands Ecosystem Habitat Goals: A Report of Habitat Recommendations Prepared By the San Francisco Bay Area Wetlands Ecosystem Goals Project, U.S. Environmental Protection Agency, San Francisco, California/S.F. Bay Regional Water Quality Control Board, Oakland, California. 1999''; (2) the term ``harmful non-native species'' means, with respect to a particular ecosystem in a particular region, any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem and has a demonstrable or potentially demonstrable negative environmental or economic impact in that region; (3) the term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); (4) the term ``Refuge Complex'' means the San Francisco Bay National Wildlife Refuge Complex established by this Act; (5) the term ``Secretary'' means the Secretary of the Interior; and (6) the term ``Service'' means the United States Fish and Wildlife Service.", "summary": "San Francisco Bay National Wildlife Refuge Complex Establishment Act - Directs the Secretary of the Interior to establish the San Francisco Bay National Wildlife Refuge Complex (Refuge Complex) as an urban ecosystem wildlife refuge and to publish notice of its establishment in the Federal Register. Establishes boundaries for the Refuge Complex and authorizes the Secretary to make corrections to its boundaries. Repeals Public Law 92-330 (providing for the establishment of the San Francisco Bay National Wildlife Refuge) as of the date on which the Secretary publishes notice of the establishment of the Refuge Complex in the Federal Register."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2014''. SEC. 2. FINDINGS. (1) The Controlled Substances Act (21 U.S.C. 801 et seq.) declares that many controlled substances have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the people of the United States. (2) Health care professionals, medical experts, researchers, and scientists have found pain to be a major national health problem. (3) The responsible treatment of pain is a high priority for our Nation and the needs of individuals with pain must be taken into careful consideration when taking steps to prevent prescription drug misuse and abuse. (4) When no longer needed or wanted for legitimate pain management or health treatment, prescription opioids are susceptible to diversion. Prescription opioids also may be abused by individuals who were not prescribed such drugs or misused by individuals not taking such drugs as directed. (5) Approximately 4 out of 5 new heroin users report that they became addicted to prescription opioids before they used heroin for the first time. (6) According to the National Institute on Drug Abuse, heroin attaches to the same brain cell receptors as prescription opioids. (7) The low cost and high purity of currently available heroin has contributed to an increase in heroin use. (8) More people are using heroin, and are using heroin at a younger age. The National Survey on Drug Use and Health reports that new heroin users numbered 142,000 in 2010, and increased to 178,000 in 2011. In 2011, the average age at first use among heroin abusers between 12 and 49 years was 22.1 years. In 2009, the average age at first use among heroin abusers between 12 and 49 years was 25.5 years. (9) According to the Department of Health and Human Services, heroin use rose 79 percent nationwide between 2007 and 2012. (10) Deaths from heroin overdose have significantly increased in communities across the United States. According to the Centers for Disease Control and Prevention, the number of deaths involving heroin increased by 110 percent from 2006 to 2011. From 2010 to 2011, the number of heroin deaths rose from 3,036 to 4,397. (11) The Edward Byrne Memorial Justice Assistance Grant Program is critical to fighting the prescription opioid abuse and heroin use epidemics, and should be reauthorized and fully funded. SEC. 3. DEVELOPMENT OF BEST PRESCRIBING PRACTICES. (a) Inter-Agency Task Force.--Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in cooperation with the Secretary of Veterans Affairs, the Secretary of Defense, and the Administrator of the Drug Enforcement Administration, shall convene a Pain Management Best Practices Inter-Agency Task Force (referred to in this section as the ``task force''). (b) Membership.--The task force shall be comprised of-- (1) representatives of-- (A) the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Department of Defense; (D) the Drug Enforcement Administration; and (E) the Institute of Medicine; (2) the Director of the National Institutes of Health; (3) physicians and non-physician prescribers; (4) pharmacists; (5) experts in the fields of pain research and addiction research; (6) representatives of-- (A) pain management professional organizations; (B) the mental health treatment community; and (C) pain advocacy groups; and (7) other stakeholders, as the Secretary determines appropriate. (c) Duties.--The task force shall-- (1) not later than 180 days after the date on which the task force is convened, develop best practices for pain management and prescription pain medication prescribing practices, taking into consideration-- (A) existing pain management research; (B) recommendations from relevant conferences; and (C) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies; (2) solicit and take into consideration public comment on the practices developed under paragraph (1), amending such best practices if appropriate; and (3) develop a strategy for disseminating information about the best practices developed under paragraphs (1) and (2) to prescribers, pharmacists, State medical boards, and other parties, as the Secretary determines appropriate. (d) Limitation.--The task force shall not have rulemaking authority. (e) Report.--Not later than 270 days after the date on which the task force is convened under subsection (a), the task force shall submit to Congress a report that includes-- (1) the strategy for disseminating best practices developed under subsection (c); (2) the results of a feasibility study on linking best practices developed under paragraphs (1) and (2) of subsection (c) to receiving and renewing registrations under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)); and (3) recommendations on how to apply such best practices to improve prescribing practices at medical facilities of the Veterans Health Administration. SEC. 4. HAROLD ROGERS PRESCRIPTION DRUG MONITORING PROGRAM. (a) Authorization of Appropriations.--To carry out the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748), there is authorized to be appropriated $9,000,000 for each of fiscal years 2015 through 2019. (b) GAO Report.--Not later than October 1, 2016, the Comptroller General of the United States shall submit to Congress a report on the effectiveness of the Harold Rogers Prescription Drug Monitoring Program in reducing prescription drug abuse, and, to the extent practicable, any corresponding increase or decrease in the use of heroin. SEC. 5. REAUTHORIZATION OF BYRNE JUSTICE ASSISTANCE GRANT PROGRAM. Section 508 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3758) is amended by striking ``2006 through 2012'' and inserting ``2015 through 2019''. SEC. 6. OFFICE OF NATIONAL DRUG CONTROL POLICY. (a) Update of Plan To Account for Increased Heroin Use.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of National Drug Control Policy shall revise the 2011 Prescription Drug Abuse Prevention Plan to reassess the approach under such plan to addressing prescription drug abuse in light of an increase in heroin use, and to outline actions or programs that can be carried out to reduce and prevent such abuse. (b) GAO Recommendations for Inter-Agency Coordination.--The Director shall ensure that the Office of National Drug Control Policy takes into account the report of the Government Accountability Office entitled ``Office of National Drug Control Policy: Office Could Better Identify Opportunities to Increase Program Coordination'' issued on March 26, 2013 (GAO-13-333), and identifies opportunities to enhance interagency coordination as part of the Prescription Drug Abuse Prevention Plan, as revised under subsection (a). SEC. 7. AWARENESS CAMPAIGNS. (a) In General.--The Secretary of Health and Human Services shall advance the education and awareness of providers, patients, and other appropriate stakeholders regarding the risk of abuse of prescription opioid drugs if such products are not taken as prescribed. (b) Drug-Free Media Campaign.-- (1) In general.--The Office of National Drug Control Policy, in coordination with the Secretary of Health and Human Services and the Attorney General, shall establish a national drug awareness campaign. (2) Requirements.--The national drug awareness campaign under paragraph (1) shall-- (A) take into account the association between prescription opioid abuse and heroin use; and (B) emphasize the similarities between heroin and prescription opioids and the effects of heroin and prescription opioids on the human body. (3) Available funds.--Funds for the national drug awareness campaign may be derived from amounts appropriated to the Office of National Drug Control Policy and otherwise available for obligation and expenditure.", "summary": "Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to convene a Pain Management Best Practices Inter-Agency Task Force. Reauthorizes the Harold Rogers Prescription Drug Monitoring Program through FY2019. Requires the Comptroller General (GAO) to report on the effectiveness of the program in reducing prescription drug abuse and any corresponding increase or decrease in the use of heroin. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the Edward Byrne Memorial Justice Assistance Grant Program through FY2019. Requires the Director of the Office of National Drug Control Policy (ONDCP) to: revise the 2011 Prescription Drug Abuse Prevention Plan to reassess the approach to addressing prescription drug abuse in light of an increase in heroin use and to outline actions or programs to reduce and prevent such abuse, and ensure that ONDCP takes into account a specified GAO report concerning program coordination and identifies opportunities to enhance interagency coordination as part of the Plan. Requires the Secretary to advance the education and awareness of providers, patients, and stakeholders regarding the risk of abuse of prescription opioid drugs if such products are not taken as prescribed. Directs ONDCP to establish a national drug awareness campaign that: takes into account the association between prescription opioid abuse and heroin use, and emphasizes the similarities between heroin and prescription opioids and the effects of these on the human body."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Treatment of Polluted Stormwater Runoff Act'' or the ``STOPS Runoff Act''. SEC. 2. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM. (a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``SEC. 330. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM. ``(a) Definitions.--In this section: ``(1) Control measure.--The term `control measure' means a program, structural or nonstructural management practice, operational procedure, or policy on or off the project site that is intended to prevent, reduce, or control highway runoff pollution. ``(2) Covered project.--The term `covered project' means a rehabilitation, reconfiguration, renovation, major resurfacing, or construction project carried out under this title that-- ``(A) results in a 10-percent or greater increase in impervious surface of the aerial extent within the right-of-way of the project limit on a Federal-aid highway or associated facility; or ``(B) results in an increase of 1 acre or more in impervious surface coverage. ``(3) Highway runoff pollution.--The term `highway runoff pollution' means, in relation to a Federal-aid highway, associated facility, or control measure retrofit project, one or more of the following: ``(A) A discharge of sediment, metals, chemicals, nitrogen and phosphorous, or oil and grease in runoff. ``(B) A discharge of peak flow rate, water temperature, or volume of runoff that exceeds predevelopment amounts. ``(4) Predevelopment hydrology.--The term `predevelopment hydrology' means, for project sites covered by this section, that-- ``(A) the precipitation from all rainfall events less than or equal to the 95th percentile rain event shall be managed on-site through stormwater management practices designed, constructed, and maintained to prevent off-site discharge, to the maximum extent technically feasible; or ``(B) runoff typical of natural conditions prior to anthropogenic disturbance, as determined by site- specific conditions, local meteorology, and continuous simulation modeling techniques, are preserved through stormwater management practices that are designed, constructed, and maintained to manage the volume, rate, and temperature of stormwater runoff following construction. ``(5) Watershed-based environmental management approach.-- The term `watershed-based environmental management approach' means an approach under which-- ``(A) the selection of solutions that prevent or minimize the environmental impact of an individual project is made within the broader context of the environmental protection and restoration goals of any watershed that drains the project site, rather than selecting solutions solely based on site level considerations; and ``(B) priority consideration is given to-- ``(i) protection of drinking water supplies; ``(ii) protection and restoration of waterways listed by a State as impaired in accordance with section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)); ``(iii) preservation of aquatic ecosystems and fisheries; and ``(iv) cost-effective expenditure of Federal funds. ``(b) Establishment.--The Secretary, with the concurrence of the Administrator of the Environmental Protection Agency, shall establish a Federal-aid highway runoff pollution avoidance and management program to ensure that covered projects are sited, constructed, and maintained in accordance with design standards intended to protect surface and ground water quality and ensure the long-term management of stormwater originating from Federal-aid highways. ``(c) Project Approval.--The Secretary may approve a covered project of a State under section 106 only if the State provides assurances satisfactory to the Secretary that the State will site, design, and construct the covered project in accordance with the design standards described in subsection (d). ``(d) Design Standards.-- ``(1) In general.--The post-construction condition of a covered project shall maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the project site with regard to the temperature, rate, chemical composition, volume, and duration of flow. ``(2) Covered projects in impaired watersheds.--Any covered project carried out within a watershed that contains an impaired water listed under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)) shall be in accordance with-- ``(A) the load or wasteload allocation requirements established by the Administrator of the Environmental Protection Agency or the State; and ``(B) the requirements relating to predevelopment hydrology under paragraph (1). ``(3) Additional prioritized requirements.--In addition to the requirements described in paragraphs (1) and (2), a covered project shall, in the following order of priority-- ``(A) reduce the creation of highway runoff pollution from the covered project by-- ``(i) avoiding or minimizing the alteration of natural features and hydrology; and ``(ii) maximizing the use of pollution source control measures that use existing terrain and natural features, including natural drainage ways, soils, and vegetation, to reduce creation of pollution from the covered project; ``(B) maximize the capture of highway runoff pollution created by the covered project through control measures, including environmental site design techniques and other control measures that promote evapotranspiration, infiltration, reuse, and retention; and ``(C) for highway runoff pollution remaining after the application of the onsite measures in subparagraphs (A) and (B), use a watershed-based environmental management or equivalent approach to avoid adverse water quality effects from the covered project through-- ``(i) capture and treatment of highway runoff pollution with appropriate control measures on the site; ``(ii) discharge of highway runoff pollution directly to an off-site control measure under the control of the State with documented capacity to provide functionally and quantitatively equivalent management of runoff pollution to that required to achieve the minimum standards of this subsection for the design life of the project; and ``(iii) if the control measures described in clauses (i) and (ii) are found to be technically infeasible based on site conditions or other appropriate factors, and an appropriate off-site runoff pollution mitigation program exists, contribution to a mitigation program that would produce functionally and quantitatively equivalent or greater control and management of runoff pollution to that required by this subsection. ``(4) Off-site control measures.--Of the control measures described in paragraph (3)(C)(iii), the Secretary shall give priority to off-site control measures that address the impacts of runoff pollution to waterways that are-- ``(A) listed as impaired in accordance with section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)); and ``(B) located in-- ``(i) the same 8-digit Hydrologic Unit Code as the covered project; or ``(ii) the lowest Hydrologic Unit Code that is the most protective of the waters receiving the discharge. ``(e) Guidance.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary, with the concurrence of the Administrator of the Environmental Protection Agency, shall publish guidance to assist States in complying with this section. ``(2) Contents of guidance.--The guidance shall include guidelines for the establishment of State processes and programs that will be used to assist in avoiding, minimizing, and managing highway runoff pollution from covered projects in accordance with the design standards described in subsection (d), including guidelines-- ``(A) to help States integrate the planning, selection, design, and long-term operation and maintenance of control measures consistent with the design standards in the overall project planning process; ``(B) for a watershed-based environmental management approach to assist projects in achieving consistency with the design standards; ``(C) for the development and use of off-site runoff pollution mitigation programs to achieve compliance with the design standards; and ``(D) for State inspection and reporting to document State compliance and project consistency with this section. ``(3) Updating standards.--Not later than 5 years after the date of publication of the guidance, and every 5 years thereafter, the Secretary, with concurrence of the Administrator of the Environmental Protection Agency, shall update, as applicable, the guidance described in this subsection. ``(f) Limitation on Statutory Construction.--Nothing in this section affects the applicability of any provision of Federal, State, or local law that is more stringent than the requirements of this section. ``(g) Reporting.-- ``(1) In general.--Except as provided in paragraph (2)(A), the Secretary shall require each State to submit to the Secretary an annual report that describes the highway runoff pollution reductions achieved for covered projects carried out by the State after the date of enactment of this section. ``(2) Reporting requirements under permit.-- ``(A) In general.--A State shall not be required to submit an annual report described in paragraph (1) if the State-- ``(i) is operating Federal-aid highways in the State in a post-construction condition in accordance with a permit issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(ii) is subject to an annual reporting requirement under such a permit (regardless of whether the permitting authority is a Federal or State agency); and ``(iii) carries out a covered project with respect to a Federal-aid highway in the State described in clause (i). ``(B) Transmission of report.--A Federal or State permitting authority that receives an annual report described in subparagraph (A)(ii) shall, upon receipt of such a report, transmit a copy of the report to the Secretary.''. (b) Effective Date.--This Act and the amendments made by this Act apply to covered projects (as defined in section 330(a)(2) of title 23, United States Code) (as added by subsection (a)), the construction of which commences on or after the date that is 1 year after the date of enactment of this Act. (c) Clerical Amendment.--The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``330. Federal-aid highway runoff pollution management program.''.", "summary": "Safe Treatment of Polluted Stormwater Runoff Act or STOPS Runoff Act - Directs the Secretary of Transportation (DOT), with the concurrence of the Administrator of the Environmental Protection Agency (EPA), to establish a federal-aid highway runoff pollution avoidance and management program to ensure that covered federal-aid highway projects are sited, constructed, and maintained in accordance with certain design standards to control and treat polluted stormwater runoff from federal-aid highways. Authorizes the Secretary to approve state covered highway projects receiving federal funding only if the state provides assurances that it will site, design, and construct the project in accordance with such standards."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transition to Teaching Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) School districts will need to hire more than 2,000,000 teachers in the next decade. The need for teachers in the areas of mathematics, science, foreign languages, special education, and bilingual education, and for those able to teach in high- poverty school districts will be particularly high. To meet this need, talented Americans of all ages should be recruited to become successful, qualified teachers. (2) Nearly 28 percent of teachers of academic subjects have neither an undergraduate major nor minor in their main assignment fields. This problem is more acute in high-poverty schools, where the out-of-field percentage is 39 percent. (3) The Third International Math and Science Study (TIMSS) ranked United States high school seniors last among 16 countries in physics and next to last in mathematics. It is also evident, mainly from the TIMSS data, that based on academic scores, a stronger emphasis needs to be placed on the academic preparation of our children in mathematics and science. (4) One-fourth of high-poverty schools find it very difficult to fill bilingual teaching positions, and nearly half of public school teachers have students in their classrooms for whom English is a second language. (5) Many career-changing professionals with strong content- area skills are interested in a teaching career, but need assistance in getting the appropriate pedagogical training and classroom experience. (6) The Troops to Teachers model has been highly successful in linking high-quality teachers to teach in high-poverty districts. SEC. 3. PURPOSE. The purpose of this Act is to address the need of high-poverty school districts for highly qualified teachers in particular subject areas, such as mathematics, science, foreign languages, bilingual education, and special education, needed by those school districts, by-- (1) continuing and enhancing the Troops to Teachers model for recruiting and supporting the placement of such teachers; and (2) recruiting, preparing, placing, and supporting career- changing professionals who have knowledge and experience that will help them become such teachers. SEC. 4. PROGRAM AUTHORIZED. (a) Authority.--Subject to subsection (b), the Secretary is authorized to use funds appropriated under subsection (c) for each fiscal year to award grants, contracts, or cooperative agreements to institutions of higher education and public and private nonprofit agencies or organizations to carry out programs authorized by this Act. (b) Troops to Teachers.-- (1) In general.--Before making awards under subsection (a) for any fiscal year, the Secretary shall first-- (A) consult with the Secretary of Defense and the Secretary of Transportation regarding the appropriate amount of funding needed to continue and enhance the Troops to Teachers program; and (B) upon agreement, transfer that amount to the Defense Activity for Non-Traditional Education Support (DANTES) to carry out the Troops to Teachers program. (2) Continuation of program.--The Secretary may enter into a written agreement with the Departments of Defense and Transportation, or take such other steps as the Secretary determines are appropriate to ensure effective continuation of the Troops to Teachers program. (c) Authorization of Appropriations.--For the purpose of carrying out this Act, there are authorized to be appropriated $18,000,000 for each of fiscal years 2000 through 2005. SEC. 5. APPLICATION. Each applicant that desires an award under section 4(a) shall submit an application to the Secretary containing such information as the Secretary requires, including-- (1) a description of the target group of career-changing professionals upon which the applicant will focus in carrying out its program under this Act, including a description of the characteristics of that target group that shows how the knowledge and experience of its members are relevant to meeting the purpose of this Act; (2) a description of how the applicant will identify and recruit program participants; (3) a description of the training that program participants will receive and how that training will relate to their certification as teachers; (4) a description of how the applicant will ensure that program participants are placed and teach in high-poverty local educational agencies; (5) a description of the teacher induction services (which may be provided through existing induction programs) the program participants will receive throughout at least their first year of teaching; (6) a description of how the applicant will collaborate, as needed, with other institutions, agencies, or organizations to recruit, train, place, and support program participants under this Act, including evidence of the commitment of those institutions, agencies, or organizations to the applicant's program; (7) a description of how the applicant will evaluate the progress and effectiveness of its program, including-- (A) the program's goals and objectives; (B) the performance indicators the applicant will use to measure the program's progress; and (C) the outcome measures that will be used to determine the program's effectiveness; and (8) an assurance that the applicant will provide to the Secretary such information as the Secretary determines necessary to determine the overall effectiveness of programs under this Act. SEC. 6. USES OF FUNDS AND PERIOD OF SERVICE. (a) Authorized Activities.--Funds under this Act may be used for-- (1) recruiting program participants, including informing them of opportunities under the program and putting them in contact with other institutions, agencies, or organizations that would train, place, and support them; (2) training stipends and other financial incentives for program participants, not to exceed $5,000 per participant; (3) assisting institutions of higher education or other providers of teacher training to tailor their training to meet the particular needs of professionals who are changing their careers to teaching; (4) placement activities, including identifying high- poverty local educational agencies with a need for the particular skills and characteristics of the newly trained program participants and assisting those participants to obtain employment in those local educational agencies; and (5) post-placement induction or support activities for program participants. (b) Period of Service.--A program participant in a program under this Act who completes his or her training shall serve in a high- poverty local educational agency for at least 3 years. (c) Repayment.--The Secretary shall establish such requirements as the Secretary determines appropriate to ensure that program participants who receive a training stipend or other financial incentive under subsection (a)(2), but fail to complete their service obligation under subsection (b), repay all or a portion of such stipend or other incentive. SEC. 7. EQUITABLE DISTRIBUTION. To the extent practicable, the Secretary shall make awards under this Act that support programs in different geographic regions of the Nation. SEC. 8. DEFINITIONS. In this Act: (1) High-poverty local educational agency.--The term ``high-poverty local educational agency'' means a local educational agency in which the percentage of children, ages 5 through 17, from families below the poverty level is 20 percent or greater, or the number of such children exceeds 10,000. (2) Program participants.--The term ``program participants'' means career-changing professionals who-- (A) hold at least a baccalaureate degree; (B) demonstrate interest in, and commitment to, becoming a teacher; and (C) have knowledge and experience that are relevant to teaching a high-need subject area in a high-need local educational agency.", "summary": "Authorizes the Secretary of Education to use funds under this Act to award grants, contracts, or cooperative agreements to institutions of higher education (IHEs) and public and private nonprofit entities to carry out Transition-to-Teaching programs. Requires the Secretary, before making such awards, to: (1) consult with the Secretaries of Defense and of Transportation with respect to the appropriate amount of funding necessary to continue and enhance the Troops-to-Teachers program; and (2) transfer such amount to the Department of Defense to carry out such program. Authorizes the Secretary to enter into a written agreement with the Departments of Defense and of Transportation, or take other appropriate steps to ensure effective continuation of such program. Authorizes appropriations. Sets forth requirements for applications for Transition-to-Teaching program assistance. Authorizes use of such funds for: (1) recruitment of program participants; (2) training stipends and other financial incentives for program participants; (3) assistance to IHEs or other teacher training providers to meet particular needs of professionals changing their careers to teaching; (4) placement activities, including identifying high-poverty local educational agencies (LEAs) with needs for particular skills and characteristics of the newly trained program participants and assisting those participants to obtain employment in those LEAs; and (5) post-placement induction or support activities for program participants. Requires program participants who complete training to teach in a high-poverty LEA for at least three years, or else repay all or a portion of their training stipend or other incentive."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Public Safety Officers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) State and local prosecutors are the best equipped prosecutors to prosecute crimes against local and State peace officers. (2) Cases involving the murder of local and State peace officers and subsequent flight to avoid prosecution in the United States implicate Federal interests, and by providing Federal jurisdiction in such cases the Federal Government will be able to provide additional investigatory and prosecutorial resources. (3) The United States should use all reasonable tools available to encourage foreign countries to change their extradition policies so that the possibility of capital punishment or life imprisonment will not interfere with the timely extradition of fugitives of the United States. SEC. 3. PROTECTION OF FEDERALLY FUNDED PUBLIC SAFETY OFFICERS. (a) Offense.--Chapter 51 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1123. Killing of federally funded or Federal law enforcement officers ``(a) Offense.--Whoever kills, or attempts or conspires to kill, a federally protected safety officer while that officer is engaged in official duties, or on account of the performance of official duties, or kills a former federally protected safety officer on account of the past performance of official duties as such, shall be punished-- ``(1) in the case of murder, as provided under section 1111 but not less than 30 years; ``(2) in the case of attempted murder, as provided in section 1113 but not less than 15 years; or ``(3) in the case of manslaughter, as provided under section 1112. ``(c) Definitions.--As used in this section -- ``(1) the term `federally protected safety officer' means a public safety officer for a public agency (including a court system, the National Guard or a State to the extent the personnel of that National Guard are not in Federal service, and the defense forces of a State authorized by section 109 of title 32) if -- ``(A) if the public agency receives, in any one year period, funding, equipment, or benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance, and the public agency is of an entity that is a State of the United States, the District of Columbia, the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States, and Indian tribe, or a unit of local government of that entity; or ``(B) the officer was at the time of the offense, engaged in carrying out a program authorized by Federal law or regulation that is executed in whole or in part by non-Federal public safety officers; ``(2) the term `public safety officer' means an individual serving a public agency in an official capacity, as a judicial officer, as a law enforcement officer, as a firefighter, as a chaplain, or as a member of a rescue squad or ambulance crew; ``(3) the term `judicial officer' means a judge or other officer or employee of a court, including prosecutors, court security, pretrial services officers, court reporters, and corrections, probation, and parole officers; ``(4) the term `firefighter' includes an individual serving as an official recognized or designated member of a legally organized volunteer fire department and an officially recognized or designated public employee member of a rescue squad or ambulance crew; and ``(5) the term `law enforcement officer' means an individual, with arrest powers, involved in crime and juvenile delinquency control or reduction, or enforcement of the laws.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 51 of title 18, United States Code, is amended by adding at the end the following new item: ``1123. Killing of federally funded or Federal program public safety officers.''. SEC. 4. FLIGHT TO AVOID PROSECUTION FOR KILLING FEDERALLY FUNDED PUBLIC SAFETY OFFICERS. (a) Flight.--Chapter 49 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1075. Flight to avoid prosecution for killing federally funded public safety officers ``Whoever moves or travels in interstate or foreign commerce with intent to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which he flees or under section 1114 or 1123, for a crime consisting of the killing, an attempted killing, or a conspiracy to kill, an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws or for a crime punishable by section 1114 or 1123, shall be fined under this title and imprisoned, in addition to any other imprisonment for the underlying offense, for any term of years not less than 10.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 49 of title 18, United States Code, is amended by adding at the end the following new item: ``1075. Flight to avoid prosecution for killing peace officers.''.", "summary": "Justice for Public Safety Officers Act - Amends the federal criminal code to prohibit and impose enhanced criminal penalties for: (1) killing (or attempting or conspiring to kill) a federally protected safety officer (or former officer) while such officer is engaged in official duties or on the account of the performance of such duties; and (2) interstate or foreign flight to avoid prosecution, custody, or confinement for killing a federally protected safety officer. Defines \"federally protected safety officer\" as a public safety officer for a public agency that receives annual federal assistance of more than $10,000. Includes within the definition of \"federally protected safety officer\" judicial officers, law enforcement officers, firefighters, chaplains, and members of a rescue squad or ambulance crew."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Impaired Waters Improvement Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Covered tmdl.--The term ``covered TMDL'' means a total maximum daily load for nitrogen, phosphorus, or sediment established under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)). (3) Covered tmdl jurisdiction.-- (A) In general.--The term ``covered TMDL jurisdiction'' means a geographic area that is subject to a covered TMDL. (B) Inclusion of chesapeake bay.--The term ``covered TMDL jurisdiction'' includes the geographic area subject to total maximum daily load for pollutants for the Chesapeake Bay and its tidal tributaries established by the Administrator on December 29, 2010, and noticed at 76 Fed. Reg. 549 (January 5, 2011). (4) Publicly owned stormwater management practices.--The term ``publicly owned stormwater management practices'' means techniques for managing and treating rainwater runoff that are the responsibility of the public sector, including, and by order of preference, practices which-- (A) utilize or mimic natural infiltration of rainwater into the ground; (B) hold and treat runoff by allowing plant materials to take up pollutants; and (C) capture runoff and hold it for a period of time sufficient to allow pollutants to settle out or evaporate, and which substantially reduce the volume of runoff in local waters during peak runoff periods. (5) Treatment works.--The term ``treatment works'' has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292). SEC. 3. GRANTS TO ASSIST COVERED TMDL JURISDICTIONS. (a) In General.--The Administrator of the Environmental Protection Agency may make grants to the owner or operator of-- (1) a publicly owned treatment works serving a covered TMDL jurisdiction; (2) publicly owned storm water management practices serving a covered TMDL jurisdiction; or (3) a privately owned farm implementing methods to reduce discharges of nitrogen, phosphorus, or sediment in a covered TMDL jurisdiction. (b) Applications.-- (1) In general.--To be eligible for a grant under this section, an owner or operator referred to in subsection (a) shall submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require. (2) Required information.--The application, at a minimum, shall contain a description of how the amounts of the grant will be used to assist the applicant in meeting a covered TMDL. (c) Award of Grants.-- (1) In general.--Subject to paragraph (2), the Administrator shall award grants to applicants under this section on a competitive basis. (2) Considerations.--In awarding grants to applicants under this section, the Administrator shall consider-- (A) the demonstrated need of the applicant for the grant; and (B) with respect to the project to be funded using the grant-- (i) the effectiveness of any technologies that will be used; (ii) the ecological sensitivity of the geographic area involved; and (iii) whether the use of existing facilities, if any, will be maximized. (d) Use of Grants.-- (1) In general.--A recipient of a grant under this section shall use the amounts of the grant to implement methods to reduce discharges of nitrogen, phosphorus, and sediment-- (A) using proven technology and practices; or (B) using an innovative practice, subject to a determination by the Administrator that the innovative practice is reasonably expected to reduce the discharges. (2) Grants to farms.-- (A) Engineering or consultation work for water storage projects.--In the case of a grant made to an owner or operator referred to in subsection (a)(3), amounts of the grant may be used for engineering or consultation work in designing a water storage project if-- (i) the project complies with the limitation in paragraph (3); and (ii) the project is completed within 5 years of the date of receipt of the grant. (B) Repayment of certain grant amounts.--The Administrator shall require repayment of a grant made to carry out a project described in subparagraph (A) if the project is not completed within 5 years of the date of receipt of the grant. (3) Limitation.--A recipient of a grant under this section may not use the amounts of the grant-- (A) to pay the salary of any individual who is employed by the recipient as of the date of receipt of the grant; or (B) to pay the salary of any individual hired by the recipient after that date unless-- (i) the individual is an expert in the field of reducing discharges from treatment works; and (ii) the recipient can demonstrate, to the satisfaction of the Administrator, that the individual will assist in meeting a covered TMDL. (e) Grant Amount.--The Administrator may not make grants under this section to a grant recipient in an amount that exceeds $2,000,000 in a fiscal year. (f) Federal Share.--The Federal share of the cost of a program or activity carried out using amounts from a grant received under this section may not exceed two-thirds of the cost of the program or activity. SEC. 4. IMPAIRED WATERS IMPROVEMENT FUND. (a) Increase in Civil Penalties.-- (1) In general.--The Administrator shall prescribe by regulation an increase in the amount of a civil penalty assessed for a violation of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (2) Amount of increase.--The amount of the increase shall be 5 percent of the civil penalty amount determined under that Act for the violation. (3) Applicability.--The regulations shall apply the increased civil penalty amount only to violations occurring after the date of enactment of this Act. (b) Establishment of Impaired Waters Improvement Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the Impaired Waters Improvement Fund. (2) Transfer to fund.--There are hereby appropriated to the Impaired Waters Improvement Fund for each of fiscal years 2015 through 2019 amounts equivalent to amounts received in the Treasury that are attributable to increases in civil penalty amounts assessed pursuant to subsection (a) or $100,000,000, whichever is less. (3) Expenditures.--Amounts in the Impaired Waters Improvement Fund shall be available, as provided in appropriations Acts, for making expenditures to carry out section 3.", "summary": "Impaired Waters Improvement Act - Authorizes the Administrator of the Environmental Protection Agency (EPA) to make grants to reduce the discharges of nitrogen, phosphorus, or sediment (pollutants) in an area that is subject to a total maximum daily load (TMDL) for those pollutants under the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Makes eligible for grants the owners and operators of: (1) publicly owned treatment works or storm water management practices serving areas subject to the TMDLs, or (2) privately owned farms implementing methods to reduce discharges of those pollutants in those areas. Directs the Administrator to increase by 5% the civil penalty for violations of the Clean Water Act. Establishes the Impaired Waters Improvement Fund for making expenditures to carry out the grant program. Transfers for each of FY2015-FY2019 the amount attributable to the penalty increase or $100 million, whichever is less, to the Fund."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Peace in Sudan Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. (2) JEM.--The term ``JEM'' means the Justice and Equality Movement. (3) SPLM.--The term ``SPLM'' means the Sudan People's Liberation Movement. (4) SLA.--The term ``SLA'' means the Sudanese Liberation Army. SEC. 3. FINDINGS. Congress makes the following findings: (1) A comprehensive peace agreement for Sudan, as envisioned in the Sudan Peace Act (50 U.S.C. 1701 note), and in the Machakos Protocol of 2002, is in grave jeopardy. (2) Since 1989, the Government of Sudan has repeatedly engaged in and sponsored orchestrated campaigns of attacking and dislocating targeted civilian populations, disrupting their ability to sustain themselves, and subsequently restricting assistance to those displaced in a coordinated policy of ethnic cleansing and Arabization that is most recently evident in the Darfur region of Sudan. (3) In response to 2 decades of civil conflict in Sudan, the United States has helped to establish an internationally supported peace process to promote a negotiated settlement to the war that has resulted in a framework peace agreement, the Nairobi Declaration on the Final Phase of Peace in the Sudan signed June 5, 2004. (4) At the same time that the Government of Sudan was negotiating for a final countrywide peace, enumerated in the Nairobi Declaration on the Final Phase of Peace in the Sudan, it refused to engage in any discussion with regard to its ongoing campaign of ethnic cleansing in the region of Darfur. (5) According to United States and United Nations officials, the Government of Sudan has engaged in an orchestrated campaign, with the assistance of its Arab Sudanese proxy militia, the Janjaweed, to cleanse a significant part of the ethnically African population from North Darfur, West Darfur, and South Darfur, Sudan. (6) The United Nations High Commissioner for Human Rights identified ``massive human rights violations in Darfur perpetrated by the Government of Sudan and the Janjaweed, which may constitute war crimes and/or crimes against humanity''. (7) Evidence collected by international observers in the Darfur region between January 2003 and July 2004 indicate a coordinated effort to target African Sudanese civilians in a scorched earth policy, from both air and ground, that has destroyed African Sudanese villages, killing and driving away its people, while Arab Sudanese villages have been left unscathed. (8) As a result of this coordinated campaign that may well constitute genocide, reports indicate tens of thousands of African Sudanese civilians killed, the systematic rape of hundreds of women and girls, the destruction of hundreds of Fur, Masalit, and Zaghawa villages and other ethnically African populations, including the poisoning of their wells and the plunder of crops and cattle upon which they sustain themselves. (9) According to the United Nations High Commissioner for Refugees, 1,200,000 people have been displaced in the Darfur region of Sudan of whom nearly 200,000 have been forced to flee to Chad as refugees. (10) Even as refugees were fleeing Sudan, the Government of Sudan conducted aerial attack missions and deadly raids across the international border between Sudan and Chad in an illegal effort to pursue Sudanese civilians seeking refuge in Chad. (11) In addition to the thousands of violent deaths directly caused by ongoing Sudanese military and government sponsored Janjaweed attacks in the Darfur region, the Government of Sudan has restricted humanitarian and human rights workers' access to the Darfur area, primarily through bureaucratic and administrative obstruction and delays in an attempt to inflict the most devastating harm on those displaced from their villages and homes without any means of sustenance or shelter. (12) The Government of Sudan's continued support for the Janjaweed and their obstruction of the delivery of food, shelter, and medical care to the Darfur region-- (A) is estimated to be causing 500 deaths each day; and (B) is projected to escalate to 1,200 deaths each day by August 2004, and 2,400 deaths each day by December 2004, so that even a best-case scenario will likely result in the death of more than 320,000 people between April 1, 2004 and December 31, 2004. (13) The Government of Chad in N'Djamena served an important role in facilitating the Darfur Humanitarian Cease- fire dated April 8, 2004 for the Darfur region between the Government of Sudan and the 2 opposition rebel groups in Darfur (the JEM and the SLA) although both sides have violated it repeatedly. (14) The Government and people of Chad have allowed the entry of 200,000 refugees from the Darfur region of Sudan and have generally facilitated the delivery of international humanitarian assistance, although logistical obstacles remain a challenge in a crisis that is taxing the people of eastern Chad and the refugees. (15) The cooperation and mediation of the SPLM is critical to bringing about a political settlement between the Government of Sudan, the SLA, and the JEM. SEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT IN DARFUR, SUDAN. (a) Sudan Peace Act.--It is the sense of Congress that the Sudan Peace Act (50 U.S.C. 1701 note) remains relevant and should be extended to include the Darfur region of Sudan. (b) Actions To Address the Conflict.--It is the sense of Congress that-- (1) a legitimate countrywide peace in Sudan will only be possible if the principles and purpose of the Machakos Protocol of 2002 and the Nairobi Declaration on the Final Phase of Peace in the Sudan signed June 5, 2004, negotiated with the SPLM, should apply to all of Sudan and to all of the people of Sudan, including the Darfur region; (2) the parties to the Darfur Humanitarian Cease-fire dated April 8, 2004 (the Government of Sudan, the SLA, and the JEM) must meet their obligations under that agreement to allow safe and immediate access of all humanitarian assistance throughout the Darfur region and must expedite the conclusion of a political agreement to end the conflict in Darfur; (3) the United States should continue to provide humanitarian assistance to the areas of Sudan to which the United States has access and, at the same time, develop a plan similar to that described in section 10 of the Sudan Peace Act to provide assistance to the areas of Sudan to which United States access has been obstructed or denied; (4) the international community, including African, Arab, and Muslim nations, should immediately provide logistical, financial, in-kind, and personnel resources necessary to save the lives of hundreds of thousands of individuals in the Darfur crisis; (5) the United States Ambassador-at-Large for War Crimes should travel to Chad and the Darfur region immediately to investigate war crimes and crimes against humanity, to develop a more accurate portrayal of the situation on the ground and best inform the report required in section 11(b) of the Sudan Peace Act; (6) the United States and the international community should use all necessary means to assist in the immediate deployment of the full mandated African Union contingent of 100 monitors and a security force of 300, and work to increase the authorized level to that which properly addresses the gravity and scope of the problem in a region the size of France; (7) the President should immediately name a new Special Envoy to Sudan to further efforts begun by John Danforth and to allow the United States to continue to lead the peace effort toward a comprehensive and sustainable peace in Sudan; (8) the President should use all means to facilitate a comprehensive solution to the conflict in Sudan, including by directing the United States Permanent Representative to the United Nations to pursue a resolution of the United Nations Security Council that-- (A) condemns the actions of the Government of Sudan in engaging in an orchestrated campaign of ethnic cleansing in Darfur; (B) calls on the Government of Sudan to cease support of ethnic cleansing and the killing of innocent civilians, disarm the Janjaweed militias, prevent such militias from harassing and killing civilians, and ensure immediate access for all humanitarian assistance to all areas of Darfur; (C) calls on all parties to the conflict in the Darfur region to permit unimpeded delivery of humanitarian assistance directly to Darfur and to allow such assistance to cross directly from countries that border Sudan, and abide by the Darfur Humanitarian Cease-fire dated April 8, 2004; (D) calls on the Government of Sudan to provide all assistance possible, including release of its strategic food reserves to respond to the Darfur crisis; (E) calls on the international community, particularly those countries with strong economic ties to Sudan, to expedite the provision of humanitarian assistance to Darfur; (F) endorses the African Union Observer and Protection Force now deploying to the Darfur region of Sudan; (G) establishes an international commission of inquiry to examine the actions and accountability of those responsible for war crimes and crimes against humanity that have precipitated and perpetuated the humanitarian crisis in the Darfur region; and (H) confirms the right of all displaced Sudanese to return to their land under safe and secure conditions; (9) the United Nations should immediately deploy a United Nations force to Sudan to ensure an appropriate international humanitarian response to the catastrophe in the Darfur region; (10) sanctions should be imposed on the assets and activities of those Sudanese government officials and other individuals that are involved in carrying out the policy of ethnic cleansing in the Darfur region; and (11) the Government of the United States should not normalize relations with Sudan, including through the lifting of any sanctions, until the Government of Sudan agrees to and implements a comprehensive peace agreement for all areas of Sudan, including Darfur. SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT. (a) Assistance for the Crisis in Darfur and for Comprehensive Peace in Sudan.-- (1) In general.--The Sudan Peace Act (50 U.S.C. 1701 note) is amended by adding at the end the following new section: ``SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COMPREHENSIVE PEACE IN SUDAN. ``(a) Assistance To Support a Comprehensive Final Peace Agreement and To Respond to the Humanitarian Crisis in Darfur.-- ``(1) Authority.--Subject to the requirements of this section, the President is authorized to provide assistance for Sudan to support the implementation of a comprehensive peace agreement that applies to all regions of Sudan, including the Darfur region, and to address the humanitarian and human rights crisis in the Darfur region and its impact on eastern Chad. ``(2) Requirement for certification.--Notwithstanding section 501(a) of the Assistance for International Malaria Control Act (Public Law 106-570; 50 U.S.C. 1701 note), assistance authorized under this section may be provided to the Government of Sudan only if the President submits the certification described in paragraph (3). ``(3) Certification for the government of sudan.--The certification referred to in paragraph (2) is a certification submitted by the President to the appropriate congressional committees that the Government of Sudan has taken demonstrable steps to-- ``(A) ensure that the armed forces of Sudan and any associated militias are not committing atrocities or obstructing human rights monitors or the provision of humanitarian assistance or human rights monitors; ``(B) demobilize and disarm militias supported or created by the Government of Sudan; ``(C) allow full and unfettered humanitarian assistance to all regions of Sudan, including Darfur; ``(D) allow an international commission of inquiry to conduct its investigation of atrocities in the Darfur region and Khartoum, preserve evidence of atrocities and prosecute those responsible for war crimes and crimes against humanity; and ``(E) cooperate fully with the African Union and all other observer and monitoring missions mandated to operate in Sudan. ``(4) Suspension of assistance.--If, on a date after the President submits the certification described in paragraph (3), the President determines that the Government of Sudan has ceased taking the actions described in such paragraph, the President shall immediately suspend the provision of any assistance to such Government until the date on which the President certifies that the Government of Sudan has resumed taking such actions. ``(5) Authorization of appropriations.-- ``(A) In general.--There are authorized to be appropriated to the President to provide the assistance described in paragraph (1), $300,000,000 for fiscal year 2005, in addition to any other funds otherwise available for such purpose. Of such amount, $200,000,000 may be made available for humanitarian assistance in the Darfur region of Sudan and eastern Chad in response to the ongoing crisis, notwithstanding any provision of law other than the provisions of this section. ``(B) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended. ``(b) Government of Sudan Defined.--In this section, the term `Government of Sudan' shall have the same meaning as such term had immediately prior to the conclusion of Darfur Humanitarian Cease-fire dated April 8, 2004.''. (2) Conforming amendment.--Section 3(2) of such Act is amended by striking ``The'' and inserting ``Except as provided in section 12, the''. (b) Reporting Requirement.--Section 8 of the Sudan Peace Act (50 U.S.C. 1701 note) is amended in the first sentence by striking ``Sudan.'' and inserting ``Sudan, including the conflict in the Darfur region.''. SEC. 6. REQUIREMENT FOR REPORT. (a) Requirement.--Not later than 60 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report on the planned United States response to a comprehensive peace agreement for Sudan. (b) Content.--The report required by subsection (a) shall include-- (1) a description of the planned United States response to a modified peace process between the Government of Sudan and the SPLM that would account for the implementation of a peace in all regions of Sudan, in particular Darfur; and (2) a contingency plan for extraordinary humanitarian assistance should the Government of Sudan continue to obstruct or delay the international humanitarian response to the crisis in Darfur, Sudan. (c) Form of Report.--The report required by subsection (a) may be submitted in classified form.", "summary": "Comprehensive Peace in Sudan Act - Expresses the sense of Congress respecting the crisis in the Darfur region of Sudan. Amends the Sudan Peace Act to authorize the President to assist Sudan to support the implementation of a comprehensive peace agreement that applies to all regions of Sudan, including the Darfur region, and to address the humanitarian and human rights crisis in the Darfur region and its impact on eastern Chad, contingent upon a continuing certification to the appropriate congressional committees that the Government of Sudan is acting to: (1) ensure that the armed forces and militias are not committing atrocities or blocking assistance; (2) demobilize militias; (3) protect civilians, and (4) cooperate with aid workers and the African Union monitoring team."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Monuments Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) public land in the United States is managed and administered for the use and enjoyment of present and future generations; (2) the National Park System (including National Parks, National Monuments, and National Recreation Areas) is managed for the benefit and inspiration of all the people of the United States; (3) the National Wildlife Refuge System is administered for the benefit of present and future generations of people in the United States, with priority consideration for compatible wildlife-dependent general public uses of the National Wildlife Refuge System; (4) the National Forest System is dedicated to the long- term benefit of present and future generations; (5) the reopening and temporary operation and management of public land, the National Park System, the National Wildlife Refuge System, and the National Forest System using funds from States and political subdivisions of States during periods in which the Federal Government is unable to operate and manage the areas at normal levels due to a lapse in appropriations is consistent with the values and purposes for which those areas were established; (6) any restriction of public access to national monuments, the National Park System, or the National Wildlife Refuge System during a lapse in appropriations, when such restriction is not necessary to comply with budgetary constraints and when an agency has not taken steps to mitigate restrictions on public access, shall be considered a direct violation of the purpose for which these lands and monuments were established and entrusted to Federal agencies for management; and (7) Federal agencies that serve as the management agency of national monuments, the National Park System, or the National Wildlife Refuge System have been entrusted with such properties to maintain and prioritize public access, including during a lapse in appropriations. SEC. 3. DEFINITIONS. In this Act: (1) Covered unit.--The term ``covered unit'' means-- (A) public lands; (B) units of the National Park System; (C) units of the National Wildlife Refuge System; (D) federally owned open air monuments and memorials; (E) units of the National Forest System; and (F) federally owned roads and off ramps on land described in subparagraphs (A) through (E). (2) Public land.--The term ``public lands'' has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (3) Secretary.--The term ``Secretary'' means-- (A) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; or (B) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture. (4) Eligible entity.--The term ``eligible entity'' means the several States, the District of Columbia, federally recognized Indian tribes, and territories and possessions of the United States, and political subdivisions of thereof. SEC. 4. AGREEMENT TO OPERATE AND MANAGE COVERED UNIT DURING GOVERNMENT SHUTDOWN. (a) In General.--Not later than 6 months after an eligible entity offers to enter into an agreement under this section, the Secretary shall enter into an agreement with that eligible entity under which the eligible entity shall assume, in whole or in part, activities to resume or continue operations and public access to any covered unit during any period when those activities would not otherwise be carried out because there is-- (1) a lapse in available Federal funds for all or part of the covered unit as a result of a failure to enact a regular appropriations bill or continuing resolution; or (2) insufficient Federal funds to operate all or part of the covered unit as a result of a failure of the Federal Government to make sufficient funds available for this purpose. (b) Conditions.--Agreements entered into under this section-- (1) shall only apply to a covered unit within the boundaries of the eligible entity that is a party to the agreement; (2) may apply to all or part of a covered unit; (3) shall be for a term of not more than 5 years, unless the 5-year term would expire during a period when the agreement is being actively implemented, in which case the agreement shall expire at the conclusion of the lapse of funding (and related reimbursement) which precipitated the implementation; and (4) shall be in effect only during any period in which the Secretary is unable to operate and manage covered units at normal levels, as determined in accordance with the terms of agreement entered into under subsection (a). (c) Copies of Agreements.--A copy of each agreement entered into under this section shall be-- (1) kept by the Secretary, the eligible entity, and any other appropriate agency; and (2) available for inspection by Congress. (d) Reimbursement.--To the extent that funds are made available, through Acts of appropriation or otherwise, for activities carried out by an eligible entity under an agreement entered into under this section, the Secretary shall reimburse the eligible entity for costs expended by the eligible entity to carry out those activities. SEC. 5. EXCEPTION. Notwithstanding section 4, the Secretary may restrict access to any covered unit for reasons of national security. SEC. 6. REPORT. For any instance in which the Secretary does not enter into an agreement after an offer under section 4, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report stating-- (1) that an offer was made; (2) what eligible entity made the offer; (3) what the offer entailed; and (4) why the Secretary did not enter into an agreement pursuant to that offer.", "summary": "Monuments Protection Act Directs the Departments of the Interior and Agriculture to enter into an agreement with a state, the District of Columbia, a federally recognized Indian tribe, a U.S. territory or possession, or a political subdivision of such an entity that offers to assume activities to resume or continue operations and public access to any covered unit during any period when those activities would not otherwise be carried out because: (1) there is a lapse in available federal funds as a result of a failure to enact a regular appropriations bill or continuing resolution, or (2) there are insufficient federal funds to operate such unit as a result of a failure of the federal government to make sufficient funds available. Defines a "covered unit" to mean: public lands, units of the National Park System, units of the National Wildlife Refuge System, federally owned open air monuments and memorials, units of the National Forest System, and federally owned roads and off ramps on all such lands. Requires Interior and USDA to reimburse such an entity once funds are made available for activities carried out by such entity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Resources Conservation and Shortage Relief Amendments Act of 1993''. SEC. 2. RESTRICTION ON EXPORTS OF UNPROCESSED TIMBER FROM STATE AND OTHER PUBLIC LANDS. Section 491 of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620c) is amended-- (1) in subsection (a)-- (A) by striking ``(e)'' and inserting ``(g)''; and (B) by striking ``in the amounts specified'' and inserting ``as provided''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``, notwithstanding any other provision of law,'' after ``prohibit''; and (ii) by striking ``not later than 21 days after the date of the enactment of this Act'' and inserting ``, effective June 1, 1993''; (B) in paragraph (2)-- (i) by striking subparagraph (A) and inserting the following new subparagraph: ``(A) The Secretary of Commerce shall issue an order referred to in subsection (a) to prohibit, notwithstanding any other provision of law, the export of unprocessed timber originating from public lands, effective during the period beginning on June 1, 1993, and ending on December 31, 1995.''; (ii) by striking subparagraphs (B) and (C); and (iii) in subparagraph (D)-- (I) by redesignating such subparagraph as subparagraph (B); and (II) by striking ``total annual sales volume'' and inserting ``annual sales volume in that State of unprocessed timber originating from public lands''; (C) in paragraph (3)-- (i) by redesignating such paragraph as paragraph (4); and (ii) by striking ``States pursuant to this title'' and inserting ``the Secretary of Commerce pursuant to this title and the effectiveness of State programs authorized under subsection (d)''; and (D) by inserting after paragraph (2) the following new paragraph: ``(3) Prohibition on substitution.-- ``(A) Prohibition.--Subject to subparagraph (B), each order of the Secretary of Commerce under paragraph (1) or (2) shall also prohibit, notwithstanding any other provision of law, any person from purchasing, directly or indirectly, unprocessed timber originating from public lands in a State if-- ``(i) such unprocessed timber would be used in substitution for exported unprocessed timber originating from private lands in that State; or ``(ii) such person has, during the preceding 24-month period, exported unprocessed timber originating from private lands in that State. ``(B) Exemption.--The prohibitions referred to in subparagraph (A) shall not apply in a State on or after the date on which-- ``(i) the Governor of that State provides the Secretary of Commerce with notification of a prior program under subparagraph (C) of subsection (d)(2), ``(ii) the Secretary of Commerce approves a program of that State under subparagraph (A) of subsection (d)(2), or ``(iii) regulations of the Secretary of Commerce issued under subsection (c) to carry out this section take effect, whichever occurs first.''; (3) by redesignating subsections (e) through (j) as subsections (g) through (l), respectively; and (4) by striking subsections (c) and (d) and inserting the following: ``(c) Federal Program.-- ``(1) Administration by the secretary of commerce.-- ``(A) In general.--Subject to subparagraph (B), the Secretary of Commerce shall, as soon as possible after the date of the enactment of the Forest Resources Conservation and Shortage Relief Amendments Act of 1993-- ``(i) determine the species, grades, and geographic origin of unprocessed timber to be prohibited from export in each State that is subject to an order issued under subsection (a); ``(ii) administer the prohibitions consistent with this title; ``(iii) ensure that the species, grades, and geographic origin of unprocessed timber prohibited from export within each State is representative of the species, grades, and geographic origin of timber comprising the total timber sales program of the State; and ``(iv) issue such regulations as are necessary to carry out this section. ``(B) Exemption.--The actions and regulations of the Secretary under subparagraph (A) shall not apply with respect to a State that is administering and enforcing a program under subsection (d). ``(2) Cooperation with other agencies.--The Secretary of Commerce is authorized to enter into agreements with Federal and State agencies with appropriate jurisdiction to assist the Secretary in carrying out this title. ``(d) Authorized State Programs.-- ``(1) Authorization of new state programs.--Notwithstanding subsection (c), the Governor of any State may submit a program to the Secretary of Commerce for approval that-- ``(A) implements, with respect to unprocessed timber originating from public lands in that State, the prohibition on exports set forth in the Secretary's order under subsection (a); and ``(B) ensures that the species, grades, and geographic origin of unprocessed timber prohibited from export within the State is representative of the species, grades, and geographic origin of timber comprising the total timber sales program of the State. ``(2) Approval of state programs.-- ``(A) Program approval.--Not later than 30 days after the submission of a program under paragraph (1), the Secretary of Commerce shall approve the program unless the Secretary finds that the program will result in the export of unprocessed timber from public lands in violation of this title and publishes that finding in the Federal Register. ``(B) State program in lieu of federal program.--If the Secretary of Commerce approves a program submitted under paragraph (1), the Governor of the State for which the program was submitted, or such other official of that State as the Governor may designate, may administer and enforce the program, which shall apply in that State in lieu of the regulations issued under subsection (c). ``(C) Prior state programs.--Not later than 30 days after the date of the enactment of the Forest Resources Conservation and Shortage Relief Amendments Act of 1993, the Governor of any State that had, before May 4, 1993, issued regulations under this subsection as in effect before May 4, 1993, may provide the Secretary of Commerce with written notification that the State has a program that was in effect on May 3, 1993, and that meets the requirements of paragraph (1). Upon such notification, that State may administer and enforce that program in that State until the end of the 9-month period beginning on the date on which the Secretary of Commerce issues regulations under subsection (c), and that program shall, during the period in which it is so administered and enforced, apply in that State in lieu of the regulations issued under subsection (c). Such Governor may submit, with such notification, the program for approval by the Secretary under paragraph (1). ``(e) Prior Contracts.--Nothing in this section shall apply to-- ``(1) any contract for the purchase of unprocessed timber originating from public lands that was entered into before-- ``(A) September 10, 1990, with respect to States with annual sales volumes of 400,000,000 board feet or less; or ``(B) January 1, 1991, with respect to States with annual sales volumes greater than 400,000,000 board feet; or ``(2) any contract under which exports of unprocessed timber were permitted pursuant to an order of the Secretary of Commerce in effect under this section before October 23, 1992. ``(f) Western Red Cedar.--Nothing in this section shall be construed to supersede section 7(i) of the Export Administration Act of 1979 (50 U.S.C. App. 2406(i)).''. SEC. 3. MONITORING AND ENFORCEMENT. (a) Monitoring.--Section 492(a) of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620d(a)) is amended-- (1) in paragraph (1), by striking ``and'' at the end of the paragraph; (2) in paragraph (2), by striking the period at the end of the paragraph and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(3) each person who acquires, either directly or indirectly, unprocessed timber originating from public lands in a State that is subject to an order issued by the Secretary of Commerce under section 491(a), other than a State that is administering and enforcing a program under section 491(d), shall report the receipt and disposition of the timber to the Secretary of Commerce, in such form as the Secretary may by rule prescribe, except that nothing in this paragraph shall be construed to hold any person responsible for reporting the disposition of any timber held by subsequent persons; and ``(4) each person who transfers to another person unprocessed timber originating from public lands in a State that is subject to an order issued by the Secretary of Commerce under section 491(a), other than a State that is administering and enforcing a program under section 491(d), shall, before completing the transfer-- ``(A) provide to such other person a written notice, in such form as the Secretary of Commerce may prescribe, that shall identify the public lands from which the timber originated; and ``(B) receive from such other person-- ``(i) a written acknowledgment of the notice, and ``(ii) a written agreement that the recipient of the timber will comply with the requirements of this title, in such form as the Secretary of Commerce may prescribe; and ``(C) provide to the Secretary of Commerce copies of all notices, acknowledgments, and agreements referred to in subparagraphs (A) and (B).''. (b) Civil Penalties.--Section 492(c) of the Forest Resources Conservation and Shortage Relief Act of 1990 is amended-- (1) in paragraph (1)-- (A) by inserting ``(A)'' before ``If the Secretary''; and (B) by adding at the end the following: ``(B)(i) Subject to clause (ii), if the Secretary of Commerce finds, on the record and after an opportunity for a hearing, that a person, with willful disregard for the restrictions contained in an order of the Secretary under section 491(a) on exports of unprocessed timber from public lands, exported or caused to be exported unprocessed timber originating from public lands in violation of such order, the Secretary may assess against such person a civil penalty of not more than $500,000 for each violation, or 3 times the gross value of the unprocessed timber involved in the violation, whichever amount is greater. ``(ii) Clause (i) shall not apply with respect to exports of unprocessed timber originating from public lands in a State that is administering and enforcing a program under section 491(d).''; and (2) in paragraph (2)-- (A) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (B) by inserting ``(A)'' before ``If the Secretary''; and (C) by adding at the end the following: ``(B)(i) Subject to clause (ii), if the Secretary of Commerce finds, on the record and after an opportunity for a hearing, that a person has violated, on or after June 1, 1993, any provision of this title or any regulation issued under this title relating to the export of unprocessed timber originating from public lands (whether or not the violation caused the export of unprocessed timber from public lands in violation of this title), the Secretary may assess against such person a civil penalty to the same extent as the Secretary concerned may impose a penalty under clause (i), (ii), or (iii) of subparagraph (A). ``(ii) Clause (i) shall not apply with respect to unprocessed timber originating from public lands in a State that is administering and enforcing a program under section 491(d).''. SEC. 4. SEVERABILITY. If any provision of this Act or the amendments made by this Act, or the application thereof to any person or circumstance is held invalid, the remainder of this Act and such amendments and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Forest Resources Conservation and Shortage Relief Amendments Act of 1993 - Amends the Forest Resources Conservation and Shortage Relief Act of 1990 to direct the Secretary of Commerce to: (1) prohibit through 1995 the export of unprocessed timber from State and other public lands, or the purchase of such timber as a substitute for exported private land timber; and (2) administer such prohibitions. Authorizes a State, upon approval of the Secretary, to implement a program in lieu of the Federal one. Establishes civil penalties for violations of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Fence Act of 2006''. SEC. 2. ACHIEVING OPERATIONAL CONTROL ON THE BORDER. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall take all actions the Secretary determines necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States, to include the following-- (1) systematic surveillance of the international land and maritime borders of the United States through more effective use of personnel and technology, such as unmanned aerial vehicles, ground- based sensors, satellites, radar coverage, and cameras; and (2) physical infrastructure enhancements to prevent unlawful entry by aliens into the United States and facilitate access to the international land and maritime borders by United States Customs and Border Protection, such as additional checkpoints, all weather access roads, and vehicle barriers. (b) Operational Control Defined.--In this section, the term ``operational control'' means the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. (c) Report.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the progress made toward achieving and maintaining operational control over the entire international land and maritime borders of the United States in accordance with this section. SEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER AREA FROM PACIFIC OCEAN TO GULF OF MEXICO. Section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 note) is amended-- (1) in the subsection heading by striking ``Near San Diego, California''; and (2) by amending paragraph (1) to read as follows: ``(1) Security features.-- ``(A) Reinforced fencing.--In carrying out subsection (a), the Secretary of Homeland Security shall provide for least 2 layers of reinforced fencing, the installation of additional physical barriers, roads, lighting, cameras, and sensors-- ``(i) extending from 10 miles west of the Tecate, California, port of entry to 10 miles east of the Tecate, California, port of entry; ``(ii) extending from 10 miles west of the Calexico, California, port of entry to 5 miles east of the Douglas, Arizona, port of entry; ``(iii) extending from 5 miles west of the Columbus, New Mexico, port of entry to 10 miles east of El Paso, Texas; ``(iv) extending from 5 miles northwest of the Del Rio, Texas, port of entry to 5 miles southeast of the Eagle Pass, Texas, port of entry; and ``(v) extending 15 miles northwest of the Laredo, Texas, port of entry to the Brownsville, Texas, port of entry. ``(B) Priority areas.--With respect to the border described-- ``(i) in subparagraph (A)(ii), the Secretary shall ensure that an interlocking surveillance camera system is installed along such area by May 30, 2007, and that fence construction is completed by May 30, 2008; and ``(ii) in subparagraph (A)(v), the Secretary shall ensure that fence construction from 15 miles northwest of the Laredo, Texas, port of entry to 15 southeast of the Laredo, Texas, port of entry is completed by December 31, 2008. ``(C) Exception.--If the topography of a specific area has an elevation grade that exceeds 10 percent, the Secretary may use other means to secure such area, including the use of surveillance and barrier tools.''. SEC. 4. NORTHERN BORDER STUDY. (a) In General.--The Secretary of Homeland Security shall conduct a study on the feasibility of a state of-the-art infrastructure security system along the northern international land and maritime border of the United States and shall include in the study-- (1) the necessity of implementing such a system; (2) the feasibility of implementing such a system; and (3) the economic impact implementing such a system will have along the northern border. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains the results of the study conducted under subsection (a). SEC. 5. EVALUATION AND REPORT RELATING TO CUSTOMS AUTHORITY TO STOP CERTAIN FLEEING VEHICLES. (a) Evaluation.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall-- (1) evaluate the authority of personnel of United States Customs and Border Protection to stop vehicles that enter the United States illegally and refuse to stop when ordered to do so by such personnel, compare such Customs authority with the authority of the Coast Guard to stop vessels under section 637 of title 14, United States Code, and make an assessment as to whether such Customs authority should be expanded; (2) review the equipment and technology available to United States Customs and Border Protection personnel to stop vehicles described in paragraph (1) and make an assessment as to whether or not better equipment or technology is available or should be developed; and (3) evaluate the training provided to United States Customs and Border Protection personnel to stop vehicles described in paragraph (1). (b) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains the results of the evaluation conducted under subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Secure Fence Act of 2006 - Directs the Secretary of Homeland Security, within 18 months of enactment of this Act, to take appropriate actions to achieve operational control over U.S. international land and maritime borders, including: (1) systematic border surveillance through more effective use of personnel and technology, such as unmanned aerial vehicles, ground-based sensors, satellites, radar coverage, and cameras; and (2) physical infrastructure enhancements to prevent unlawful border entry and facilitate border access by U.S. Customs and Border Protection, such as additional checkpoints, all weather access roads, and vehicle barriers. Defines \"operational control\" as the prevention of all unlawful U.S. entries, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. Directs the Secretary to report annually to Congress on border control progress. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary to provide at least two layers of reinforced fencing, installation of additional physical barriers, roads, lighting, cameras, and sensors extending: (1) from ten miles west of the Tecate, California, port of entry to ten miles east of the Tecate, California, port of entry; (2) from ten miles west of the Calexico, California, port of entry to five miles east of the Douglas, Arizona, port of entry (requiring installation of an interlocking surveillance camera system by May 30, 2007, and fence completion by May 30, 2008); (3) from five miles west of the Columbus, New Mexico, port of entry to ten miles east of El Paso, Texas; (4) from five miles northwest of the Del Rio, Texas, port of entry to five miles southeast of the Eagle Pass, Texas, port of entry; and (5) 15 miles northwest of the Laredo, Texas, port of entry to the Brownsville, Texas, port of entry (requiring fence completion from 15 miles northwest of the Laredo, Texas, port of entry to 15 southeast of the Laredo, Texas, port of entry by December 31, 2008). States that if an area has an elevation grade exceeding 10% the Secretary may use other means to secure such area, including surveillance and barrier tools. Directs the Secretary to: (1) study and report to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs on the necessity, feasibility, and economic impact of constructing a state-of-the-art infrastructure security system along the U.S. northern international land and maritime border; and (2) evaluate and report to such Committees on U.S. Customs and Border Protection authority (and possible expansion of authority) to stop fleeing vehicles that enter the United States illegally, including related training, technology, and equipment reviews."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Alabama Hills National Scenic Area Establishment Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Alabama Hills National Scenic Area, California. Sec. 4. Management plan. Sec. 5. Land taken into trust for Lone Pine Paiute-Shoshone Reservation. Sec. 6. Transfer of administrative jurisdiction. Sec. 7. Protection of services and recreational opportunities. Sec. 8. Clarification regarding funding. SEC. 2. DEFINITIONS. In this Act: (1) Management plan.--The term ``management plan'' means the management plan for the National Scenic Area developed under section 4(a). (2) Map.--The term ``Map'' means the map titled ``Proposed Alabama Hills National Scenic Area'', dated September 8, 2014. (3) Motorized vehicles.--The term ``motorized vehicles'' means motorized or mechanized vehicles and includes, when used by utilities, mechanized equipment, helicopters, and other aerial devices necessary to maintain electrical or communications infrastructure. (4) National scenic area.--The term ``National Scenic Area'' means the Alabama Hills National Scenic Area established by section 3(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of California. (7) Tribe.--The term ``Tribe'' means the Lone Pine Paiute- Shoshone. (8) Utility facility.--The term ``utility facility'' means any and all existing and future water system facilities including aqueducts, streams, ditches, and canals; water facilities including, but not limited to, flow measuring stations, gauges, gates, values, piping, conduits, fencing, and electrical power and communications devices and systems; and any and all existing and future electric generation facilities, electric storage facilities, overhead and/or underground electrical supply systems and communication systems consisting of electric substations, electric lines, poles and towers made of various materials, ``H'' frame structures, guy wires and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, handholes, above-ground enclosures, markers and concrete pads and other fixtures, appliances and communication circuits, and other fixtures, appliances and appurtenances connected therewith necessary or convenient for the construction, operation, regulation, control, grounding and maintenance of electric generation, storage, lines and communication circuits, for the purpose of transmitting intelligence and generating, storing, distributing, regulating and controlling electric energy to be used for light, heat, power, communication, and other purposes. SEC. 3. ALABAMA HILLS NATIONAL SCENIC AREA, CALIFORNIA. (a) Establishment.--Subject to valid, existing rights, there is established in Inyo County, California, the Alabama Hills National Scenic Area. The National Scenic Area shall be comprised of the approximately 18,610 acres generally depicted on the Map as ``National Scenic Area''. (b) Purpose.--The purpose of the National Scenic Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, geological, educational, biological, historical, recreational, cinematographic, and scientific resources of the National Scenic Area managed consistent with section 302(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(a)). (c) Map; Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the National Scenic Area with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law.--The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the map and legal descriptions. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. (d) Administration.--The Secretary shall manage the National Scenic Area-- (1) as a component of the National Landscape Conservation System; (2) so as not to impact the future continuing operations and maintenance of any activities associated with valid, existing rights, including water rights; (3) in a manner that conserves, protects, and enhances the resources and values of the National Scenic Area described in subsection (b); and (4) in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable laws. (e) Management.-- (1) In general.--The Secretary shall allow only such uses of the National Scenic Area as the Secretary determines would support the purposes of the National Scenic Area as described in subsection (b). (2) Recreational activities.--Except as otherwise provided in this Act or other applicable law, or as the Secretary determines to be necessary for public health and safety, the Secretary shall allow existing recreational uses of the National Scenic Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use. (3) Motorized vehicles.--Except as specified within this Act and/or in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Scenic Area shall be permitted only on-- (A) roads and trails designated by the Director of the Bureau of Land Management for use of motorized vehicles as part of a management plan sustaining a semi-primitive motorized experience; or (B) on county-maintained roads in accordance with applicable State and county laws. (f) No Buffer Zones.-- (1) In general.--Nothing in this Act creates a protective perimeter or buffer zone around the National Scenic Area. (2) Activities outside national scenic area.--The fact that an activity or use on land outside the National Scenic Area can be seen or heard within the National Scenic Area shall not preclude the activity or use outside the boundaries of the National Scenic Area. (g) Access.--The Secretary shall continue to provide private landowners adequate access to inholdings in the National Scenic Area. (h) Filming.--Nothing in this Act prohibits filming (including commercial film production, student filming, and still photography) within the National Scenic Area-- (1) subject to-- (A) such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and (B) applicable law; and (2) in a manner consistent with the purposes described in subsection (b). (i) Fish and Wildlife.--Nothing in this Act affects the jurisdiction or responsibilities of the State with respect to fish and wildlife. (j) Livestock.--The grazing of livestock in the National Scenic Area, including grazing under the Alabama Hills allotment and the George Creek allotment, as established before the date of enactment of this Act, shall be permitted to continue-- (1) subject to-- (A) such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and (B) applicable law; and (2) in a manner consistent with the purposes described in subsection (b). (k) Overflights.--Nothing in this Act restricts or precludes flights over the National Scenic Area or overflights that can be seen or heard within the National Scenic Area, including-- (1) transportation, sightseeing and filming flights, general aviation planes, helicopters, hang-gliders, and balloonists, for commercial or recreational purposes; (2) low-level overflights of military aircraft; (3) flight testing and evaluation; or (4) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the National Scenic Area. (l) Withdrawal.--Subject to this Act's provisions and valid rights in existence on the date of enactment of this Act, including rights established by prior withdrawals, the Federal land within the National Scenic Area is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (m) Wildland Fire Operations.--Nothing in this Act prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Scenic Area, consistent with the purposes described in subsection (b). (n) Grants; Cooperative Agreements.--The Secretary may make grants to, or enter into cooperative agreements with, State, tribal, and local governmental entities and private entities to conduct research, interpretation, or public education or to carry out any other initiative relating to the restoration, conservation, or management of the National Scenic Area. (o) Air and Water Quality.--Nothing in this Act modifies any standard governing air or water quality outside of the boundaries of the National Scenic Area. (p) Utility Facilities and Rights of Way.-- (1) Nothing in this Act shall-- (A) affect the existence, use, operation, maintenance (including but not limited to vegetation control), repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, funding, removal, or replacement of utility facilities or appurtenant rights of way within or adjacent to the National Scenic Area; (B) affect necessary or efficient access to utility facilities or rights of way within or adjacent to the National Scenic Area subject to subsection (e); (C) preclude the Secretary from authorizing the establishment of new utility facility rights of way (including instream sites, routes, and areas) within the National Scenic Area in a manner that minimizes harm to the purpose of the National Scenic Area as described in subsection (b)-- (i) with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other applicable law; and (ii) subject to such terms and conditions as the Secretary determines to be appropriate. (2) Management plan.--Consistent with this Act, the Management Plan shall establish plans for maintenance of public utility and other rights of way within the National Scenic Area. SEC. 4. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, in accordance with subsection (b), the Secretary shall develop a comprehensive plan for the long-term management of the National Scenic Area. (b) Consultation.--In developing the management plan, the Secretary shall-- (1) consult with appropriate State, tribal, and local governmental entities, including Inyo County and the Tribe; and (2) seek input from-- (A) investor-owned utilities, including Southern California Edison Company; (B) the Alabama Hills Stewardship Group; (C) members of the public; and (D) the Los Angeles Department of Water and Power. (c) Incorporation of Management Plan.--In developing the management plan, in accordance with this section, the Secretary shall allow, in perpetuity, casual-use mining limited to the use of hand tools, metal detectors, hand-fed dry washers, vacuum cleaners, gold pans, small sluices, and similar items. (d) Interim Management.--Pending completion of the management plan, the Secretary shall manage the National Scenic Area in accordance with section 3. SEC. 5. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE RESERVATION. (a) Trust Land.--As soon as practicable after the date of the enactment of this Act, the Secretary shall take the approximately 132 acres of Federal land depicted on the Map as ``Lone Pine Paiute- Shoshone Reservation Addition'' into trust for the benefit of the Tribe, subject to the following: (1) Conditions.--The land shall be subject to all easements, covenants, conditions, restrictions, withdrawals, and other matters of record on the date of the enactment of this Act. (2) Exclusion.--The Federal lands over which the right-of- way for the Los Angeles Aqueduct is located, generally described as the 250-foot-wide right-of-way granted to the City of Los Angeles pursuant to the Act of June 30, 1906 (Chap. 3926), shall not be taken into trust for the Tribe. (b) Reservation Land.--The land taken into trust pursuant to subsection (a) shall be considered part of the reservation of the Tribe. (c) Gaming Prohibition.--Gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed on the land taken into trust pursuant to subsection (a). SEC. 6. TRANSFER OF ADMINISTRATIVE JURISDICTION. Administrative jurisdiction of the approximately 56 acres of Federal land depicted on the Map as ``USFS Transfer to BLM'' is hereby transferred from the Forest Service under the Secretary of Agriculture to the Bureau of Land Management under the Secretary. SEC. 7. PROTECTION OF SERVICES AND RECREATIONAL OPPORTUNITIES. Nothing in this Act shall be construed to limit commercial services for existing and historic recreation uses as authorized by the Bureau of Land Management's permit process. Valid, existing, commercial permits to exercise guided recreational opportunities for the public may continue as authorized on the day before the date of the enactment of this Act. SEC. 8. CLARIFICATION REGARDING FUNDING. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives May 23, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": "Alabama Hills National Scenic Area Establishment Act (Sec. 3) This bill establishes in Inyo County, California, the Alabama Hills National Scenic Area, comprising approximately 18,610 acres of land. The Department of the Interior shall manage the Area as a component of the National Landscape Conservation System. Interior shall allow existing recreational uses of the Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use. The use of motorized vehicles in the Area shall be permitted only on: roads and trails designated by the Bureau of Land Management (BLM) for use of such vehicles as part of a management plan sustaining a semi-primitive motorized experience, or on county-maintained roads. Nothing in this bill creates a protective perimeter or buffer zone around the National Scenic Area. Interior shall continue to provide private landowners with adequate access to inholdings in the Area. Livestock grazing already established in the Area, including grazing under the Alabama Hills and the George Creek allotments, shall continue. The federal land within the area is withdrawn from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Interior may make grants to, or enter into cooperative agreements with, state, tribal, and local governmental and private entities to conduct research, interpretation, or public education or to carry out any other initiative related to the restoration, conservation, or management of the Area. The management plan shall establish plans for maintenance of public utility and other rights of way within the Area. (Sec. 4) Interior shall develop a comprehensive plan for the long-term management of the Area. In developing this plan, Interior shall: consult with appropriate state, tribal, and local governmental entities, including Inyo County and the Lone Pine Paiute-Shoshone Tribe; and seek input from investor-owned utilities (including the Southern California Edison Company), the Alabama Hills Stewardship Group, members of the public, and the Los Angeles Department of Water and Power. In developing the management plan, Interior shall allow, in perpetuity, casual-use mining limited to the use of hand tools, metal detectors, hand-fed dry washers, vacuum cleaners, gold pans, small sluices, and similar items. (Sec. 5) Interior shall take approximately 132 acres of federal land into trust for the benefit of the Lone-Pine Paiute-Shoshone Tribe, which shall be considered part of the Tribe's reservation, excluding a specified right-of-way granted to the City of Los Angeles. Gaming shall not be allowed on such trust land. (Sec. 6) The bill transfers administrative jurisdiction of approximately 56 acres of specified federal land from the U.S. Forest Service to the BLM. (Sec. 7) Valid, existing, commercial permits for guided recreational opportunities for the public may continue. (Sec. 8) No additional funds are authorized to carry out the requirements of this bill, which shall be carried out using amounts otherwise authorized."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wall Street Fair Share Act''. SEC. 2. TRANSACTION TAX. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Securities Transactions ``Sec. 4475. Tax on securities transactions. ``SEC. 4475. TAX ON SECURITIES TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed a tax on each covered transaction with respect to any security. ``(b) Rate of Tax.-- ``(1) Security.-- ``(A) In general.--Except as otherwise provided in this subsection, the rate of such tax shall be equal to 0.25 percent of the fair market value of the security. ``(B) Derivatives.--In the case of a security described in subsection (d)(1)(D), the rate of such tax shall be equal to 0.25 percent of the fair market value of the underlying property with respect to, or the notional principal amount of, the derivative financial instrument involved in such transaction. ``(C) Short-term debt instruments.--In the case of a covered transaction with respect to a security described in subsection (d)(1)(C) which has a fixed maturity date not more than 1 year from the date of issue, the rate of such tax shall be equal to 0.02 percent of the fair market value of such security. ``(2) Hedging transaction.--In the case of any covered transaction which is a hedging transaction (within the meaning of section 1221(a)(7)), subparagraphs (A) and (B) of paragraph (1) shall each be applied by substituting `0.02 percent' for `0.25 percent'. ``(c) Covered Transaction.--For purposes of this section, the term `covered transaction' means-- ``(1) except as provided in paragraph (2), any purchase if-- ``(A) such purchase occurs on a trading facility located in the United States, or ``(B) the purchaser or seller is a United States person, or ``(2) any transaction with respect to a security described in subsection (d)(1)(D), if any party with rights under such security is a United States person or if such transaction is facilitated by a United States person, including a trading facility located in the United States or a broker. ``(d) Security and Other Definitions.--For purposes of this section-- ``(1) In general.--The term `security' means-- ``(A) any share of stock in a corporation, ``(B) any partnership or beneficial ownership interest in a widely held or publicly traded partnership or trust, ``(C) any note, bond, debenture, or other evidence of indebtedness issued by a nongovernmental entity the beneficial ownership of which is traded on an established market, or ``(D) any evidence of an interest in, or a derivative financial instrument in-- ``(i) any security described in subparagraph (A), (B), or (C), ``(ii) any specified index, or ``(iii) any other note, bond, or debenture issued by a nongovernmental entity. ``(2) Derivative financial instrument.--The term `derivative financial instrument' means any option, forward contract, short position, notional principal contract, credit default swap, or any similar financial instrument. ``(3) Specified index.--The term `specified index' means any 1 or more of any combination of-- ``(A) a fixed rate, price, or amount, or ``(B) a variable rate, price, or amount, which is based on any current objectively determinable information which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties' circumstances. ``(e) Exceptions to Imposition of Tax.-- ``(1) Exception for initial issues.--No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (d)(1). ``(2) Exception for retirement accounts, etc.--No tax shall be imposed under subsection (a) on any covered transaction with respect to any security which is held in any plan, account, or arrangement described in section 220, 223, 401(a), 403(a), 403(b), 408, 408A, 529, or 530 (including assets held in a segregated asset account described in section 817 as part of any such plan, account, or arrangement). ``(3) Exception for certain mutual fund transactions.--No tax shall be imposed under subsection (a) on any covered transaction-- ``(A) with respect to the purchase of any interest in a regulated investment company (as defined in section 851) which issues only stock which is redeemable on the demand of the stock holder, ``(B) by a regulated investment company (as so defined) which is 100 percent owned by 1 or more plans, accounts, or arrangements described in paragraph (2), and ``(C) to the extent such tax is properly allocable to any class of shares of a regulated investment company (as so defined) which is 100 percent owned by 1 or more plans, accounts, or arrangements described in paragraph (2). ``(f) By Whom Paid.-- ``(1) In general.--The tax imposed by this section shall be paid by-- ``(A) in the case of a transaction which occurs on a trading facility located in the United States, such trading facility, ``(B) in the case of a transaction not described in subparagraph (A) which is executed by a broker, such broker, ``(C) in the case of a transaction not described in subparagraph (A) or (B), with respect to a security described in section (d)(1)(D), the party identified by the Secretary, or ``(D) in any other case, the purchaser with respect to the transaction. ``(2) Withholding if purchaser is not a united states person.--See section 1447 for withholding by seller if purchaser is a foreign person. ``(g) Administration.--The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. ``(h) Guidance; Regulations.--The Secretary shall-- ``(1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and ``(2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions or the improper allocation of taxes to classes of shares described in subsection (e)(3)(C).''. (b) Credit for First $100,000 of Stock Transactions Per Year.-- Subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 36A the following new section: ``SEC. 36B. CREDIT FOR SECURITIES TRANSACTION TAXES. ``(a) Allowance of Credit.--In the case of any individual who is a purchaser with respect to a covered transaction, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) the aggregate amount of tax imposed under section 4475 on covered transactions during the taxable year with respect to which the taxpayer is the purchaser, or ``(2) $250 ($125 in the case of a married individual filing a separate return). ``(b) Definitions.--For purposes of this section, any term used in this section which is also used in section 4475 shall have the same meaning as when used in section 4475.''. (c) Withholding.--Subchapter A of chapter 3 of such Code is amended by adding at the end the following new section: ``SEC. 1447. WITHHOLDING ON SECURITIES TRANSACTIONS. ``(a) In General.--In the case of any outbound securities transaction, except as provided in subsection (b), the transferor shall deduct and withhold a tax equal to the tax imposed under section 4475 with respect to such transaction. ``(b) Derivatives.--In the case of any outbound securities transaction with respect to a security described in section 4475(d)(1)(D), the party identified by the Secretary shall so deduct and withhold. ``(c) Outbound Securities Transaction.--For purposes of this section, the term `outbound securities transaction' means any covered transaction to which section 4475(a) applies if-- ``(1) such transaction does not occur on a trading facility located in the United States, and ``(2) the purchaser with respect to such transaction in not a United States person.''. (d) Conforming Amendments.-- (1) Section 6211(b)(4)(A) of such Code is amended by inserting ``36B,'' after ``36A,''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36B,'' after ``36A,''. (e) Clerical Amendments.-- (1) The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item: ``Subchapter C. Tax on securities transactions.''. (2) The table of sections for subchapter A of chapter 3 of such Code is amended by adding at the end the following new item: ``Sec. 1447. Withholding on securities transactions.''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36A the following new item: ``Sec. 36B. Credit for securities transaction taxes.''. (f) Effective Date.--The amendments made by this section shall apply to transactions occurring after December 31, 2010.", "summary": "Wall Street Fair Share Act - Amends the Internal Revenue Code to impose an excise tax on securities trading facilities, brokers, and purchasers for certain securities transactions. Sets such tax at .25% of the fair market value of the security traded. Defines \"security\" to include stock in a corporation, partnership interests, debt instruments, or interests in certain derivative financial instruments. Exempts from such tax an initial issue of securities, transactions in certain retirement, education, and health savings accounts, and transactions in mutual funds. Allows the purchaser of securities a credit against the excise tax for the lesser of the tax incurred or $250 ($500 for married couples filing joint tax returns). Requires withholding of excise tax amounts by the transferor of securities subject to the tax."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Police Creating Accountability by Making Effective Recording Available Act of 2015'' or the ``Police CAMERA Act''. SEC. 2. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART LL--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS ``SEC. 3021. GRANT PROGRAM AUTHORIZED. ``(a) In General.--The Assistant Attorney General for the Office of Justice Programs (in this section referred to as the `Assistant Attorney General') may make grants to States, units of local government, and Indian tribes to purchase or lease body-worn cameras for use by State, local, and tribal law enforcement officers (as defined in section 2503) and expenses related to the implementation of a body-worn camera program in order to deter excessive force, improve accountability and transparency of use of force by law enforcement officers, assist in responding to complaints against law enforcement officers, and improve evidence collection. ``(b) Duration of Grants.-- ``(1) In general.--Grants awarded under this part shall be 2 years in duration. ``(2) Disbursement of grant amount.--In disbursing a grant awarded to an entity under this section-- ``(A) upon awarding the grant to the entity, the Assistant Attorney General shall disburse 50 percent of the total grant amount to the entity; and ``(B) upon demonstration by the entity of completion of the requirements in subsection (d)(1), the Assistant Attorney General shall disburse the remaining 50 percent of the total grant amount to the entity. ``(c) Use of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for-- ``(A) the purchase or lease of body-worn cameras for law enforcement officers on patrol in the jurisdiction of the grantee; ``(B) any costs relating to the implementation of a body-worn camera program, including law enforcement officer training or the storage or maintenance of data collected under a body-worn camera program; or ``(C) implementing policies or procedures to comply with the requirements described in subsection (d). ``(d) Requirements.-- ``(1) In general.--The Assistant Attorney General shall award a grant under this section to a State, unit of local government, or Indian tribe requesting the grant that commits to-- ``(A) establishing policies and procedures in accordance with the requirements described in paragraph (2) before law enforcement officers use of body-worn cameras; ``(B) adopting data collection and retention protocols as described in paragraph (3) before law enforcement officers use of body-worn cameras; ``(C) making the policies and protocols described in subparagraphs (A) and (B) available to the public; and ``(D) complying with the requirements for use of data under paragraph (4). ``(2) Required policies and procedures.--An entity receiving a grant under this section shall-- ``(A) develop with community input and publish for public view policies and protocols for-- ``(i) the safe and effective use of body- worn cameras; ``(ii) the secure storage, handling, and destruction of data collected by body-worn cameras; ``(iii) protecting the privacy rights of any individual who may be recorded by a body- worn camera; and ``(iv) the release of any data collected by a body-worn camera in accordance with the open records laws, if any, of the State; and ``(B) conduct periodic evaluations of the security of the storage and handling of the body-worn camera data. ``(3) Data collection and retention protocol.--The data collection and retention protocol described in this paragraph is a protocol that-- ``(A) requires-- ``(i) a law enforcement officer who is wearing a body-mounted camera to provide an explanation if an activity that is required to be recorded by the body-mounted camera is not recorded; ``(ii) a law enforcement officer who is wearing a body-mounted camera to obtain consent to be recorded from a crime victim or witness before interviewing the victim or witness; ``(iii) the collection of data unrelated to a legitimate law enforcement purpose be minimized to the greatest extent practicable; ``(iv) the system used to store data collected by body-worn cameras shall log all viewing, modification, or deletion of stored data and shall prevent, to the greatest extent practicable, the unauthorized access or disclosure of stored data; ``(v) any law enforcement officer be prohibited from accessing the stored data without an authorized purpose; and ``(vi) the law enforcement agency to collect and report data on-- ``(I) incidences of use of force, disaggregated by race, ethnicity, gender, and age of the victim; ``(II) the number of complaints filed against law enforcement officers; ``(III) the disposition of complaints filed against law enforcement officers; and ``(IV) the number of times camera footage is used for evidence collection in investigations of crimes; ``(B) allows an individual to file a complaint with a law enforcement agency relating to the improper use of body-worn cameras; and ``(C) complies with any other requirements established by the Assistant Attorney General. ``(4) Use or transfer of data.-- ``(A) In general.--Data collected by an entity receiving a grant under this section from a body- mounted camera shall be used only in internal and external investigations of misconduct by a law enforcement agency or officer, if there is reasonable suspicion that a recording contains evidence of a crime, or for limited training purposes. The Assistant Attorney General shall establish rules to ensure that the data is used only for the purposes described in this subparagraph. ``(B) Prohibition on transfer.--Except as provided in subparagraph (B), an entity receiving a grant under this section may not transfer any data collected by the entity from a body-mounted camera to another law enforcement or intelligence agency. ``(C) Exceptions.-- ``(i) Criminal investigation.--An entity receiving a grant under this section may transfer data collected by the entity from a body-mounted camera to another law enforcement agency or intelligence agency for use in a criminal investigation if the requesting law enforcement or intelligence agency has reasonable suspicion that the requested data contains evidence relating to the crime being investigated. ``(ii) Civil rights claims.--An entity receiving a grant under this section may transfer data collected by the law enforcement agency from a body-mounted camera to another law enforcement agency for use in an investigation of any right, privilege, or immunity secured or protected by the Constitution or laws of the United States. ``(e) Matching Funds.-- ``(1) In general.--Except as provided in paragraph (3), the Federal share of the cost of a program carried out using a grant under this part may not exceed 75 percent of the total cost of the program. ``(2) Indian assistance.--Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the matching requirement described in paragraph (1). ``(3) Waiver.--The Assistant Attorney General may waive, in whole or in part, the matching requirement described in paragraph (1) in the case of fiscal hardship, as determined by the Assistant Attorney General. ``(f) Allocation of Funds.--For fiscal years 2015 and 2016, of the amounts appropriated to the Office of Justice Programs, $10,000,000 shall be used to carry out this part. ``SEC. 3022. APPLICATIONS. ``(a) In General.--To request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Assistant Attorney General in such form and containing such information as the Assistant Attorney General may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of the enactment of this part, the Assistant Attorney General shall promulgate regulations to implement this part, including the information that shall be included and the requirements that the States, units of local government, and Indian tribes must meet in submitting the applications required under this section. ``SEC. 3023. STUDY. ``(a) In General.--Not later than 2 years after the date on which all grants are awarded under this part, the Assistant Attorney General shall conduct a study on-- ``(1) the efficacy of body-worn cameras in deterring excessive force by law enforcement officers; ``(2) the impact of body-worn cameras on the accountability and transparency of the use of force by law enforcement officers; ``(3) the impact of body-worn cameras on responses to and adjudications of complaints of excessive force; ``(4) the effect of the use of body-worn cameras on the safety of law enforcement officers on patrol; ``(5) the effect of the use of body-worn cameras on public safety; ``(6) the impact of body-worn cameras on evidence collection for criminal investigations; ``(7) issues relating to the secure storage and handling of data from the body-worn cameras; ``(8) issues relating to the privacy of citizens and officers recorded on body-worn cameras; ``(9) issues relating to the public's access to body-worn camera footage; ``(10) the need for proper training of law enforcement officers that use body-worn cameras; ``(11) best practices in the development of protocols for the safe and effective use of body-worn cameras; and ``(12) any other factors that the Assistant Attorney General determines are relevant in evaluating the efficacy of body-worn cameras. ``(b) Report.--Not later than 180 days after the date on which the study required under subsection (a) is completed, the Assistant Attorney General shall submit to Congress a report on the study.''.", "summary": "Police Creating Accountability by Making Effective Recording Available Act of 2015 or the Police CAMERA Act Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Assistant Attorney General for the Office of Justice Programs to make grants to states, local governments, and Indian tribes to purchase or lease body-worn cameras for use by law enforcement officers, and for expenses related to the implementation of a body-worn camera program, in order to deter excessive force, improve accountability and transparency of use of force by law enforcement officers, assist in responding to complaints against officers, and improve evidence collection. Requires a grantee to: (1) develop, with community input, policies for the safe and effective use of body-worn cameras, for the secure storage, handling, and destruction of data collected, for protecting the privacy rights of any individual who may be recorded, and for the release of any data collected in accordance with the open records laws of the state; and (2) conduct periodic evaluations of the security of the storage and handling of the body-worn camera data. Requires a grantee to adopt data collection and retention protocols that: require an officer wearing a camera to provide an explanation if an activity that is required to be recorded is not recorded and to obtain a crime victim's or witness's consent to be recorded before interviewing him or her; minimize the collection of data unrelated to a legitimate law enforcement purpose; require the system used to store collected data to log all viewing, modification, or deletion of such data and to prevent its unauthorized access or disclosure; prohibit any law enforcement officer from accessing the stored data without an authorized purpose; require the law enforcement agency to collect and report data on incidences of use of force, the number of complaints filed against officers, the disposition of such complaints, and the number of times camera footage is used for evidence collection in investigations of crimes; and allow an individual to file a complaint with a law enforcement agency relating to the improper use of such cameras. Allows data collected by a grantee to be used only in internal and external investigations of misconduct by a law enforcement agency or officer, if there is reasonable suspicion that a recording contains evidence of a crime, or for limited training purposes. Prohibits a grantee from transferring any collected data to another law enforcement or intelligence agency, with specified exceptions for investigations of crimes and civil rights violations. Directs the Assistant Attorney General to study and report to Congress on the efficacy of body-worn cameras."}
{"article": "SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Worker Adjustment and Retraining Notification Amendments Act''. (b) Reference.--Except as specifically provided otherwise, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.). SEC. 2. DEFINITIONS. (a) Employer, Plant Closing, and Mass Layoff.--Paragraphs (1) through (3) of section 2(a) (29 U.S.C. 2101(a)(1)-(3)) are amended to read as follows: ``(1) the term `employer' means any business enterprise that employs 50 or more employees; ``(2) the term `plant closing' means-- ``(A) the permanent or temporary shutdown of a single site of employment, or of one or more facilities or operating units within a single site of employment, which results in an employment loss at such site, during any 30-day period, for 25 or more employees; or ``(B) the permanent or temporary shutdown of one or more sites of employment, or of one or more facilities or operating units within such sites, which results in an employment loss, during any 30-day period, for 100 or more employees. ``(3) the term `mass layoff' means-- ``(A) a reduction in force at a single site of employment which results in an employment loss at such site, during any 30-day period, for 25 or more employees; or ``(B) a reduction in force which results in an employment loss, during any 30-day period, for 100 or more employees.''. (b) Conforming Amendments.-- (1) Notice.--Section 3(d) (29 U.S.C. 2102(d)) is amended by striking out ``, each of which is less than the minimum number of employees specified in section 2(a) (2) or (3) but which in the aggregate exceed that minimum number,'' and inserting in lieu thereof ``which in the aggregate exceed the minimum number of employees specified in section 2(a) (2) or (3)''. (2) Definitions.--Section 2(b)(1) (29 U.S.C. 2101(b)(1)) is amended by striking ``(other than a part-time employee)''. (c) Secretary of Labor.-- (1) Definition.--Paragraph (8) of section 2(a) (29 U.S.C. 2101(a)(8)) is amended to read as follows: ``(8) the term `Secretary' means the Secretary of Labor or a representative of the Secretary of Labor.''. (2) Regulations.--Section 8(a) (29 U.S.C. 2107(a)) is amended by striking ``of Labor''. SEC. 3. NOTICE. (a) Period.--Section 3 (29 U.S.C. 2102) is amended-- (1) in subsection (a), by striking ``a 60-day period after'' and inserting ``the applicable notice period required after''; (2) in subsection (b), by striking ``60-day period'' each place such term appears and inserting ``notice period''; (3) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and (4) by inserting after subsection (a), the following new subsection: ``(b) Notice Period.--As used in this section, the term `notice period' means-- ``(1) in the case of a plant closing or mass layoff which results in an employment loss for at least 25 but not more than 49 employees, 30 days; ``(2) in the case of a plant closing or mass layoff which results in an employment loss for at least 50 but not more than 99 employees, 60 days; and ``(3) in the case of a plant closing or mass layoff which results in an employment loss for at least 100 employees, 90 days.''. (b) Conforming Amendment.--Section 5(a)(1) (29 U.S.C. 2104(a)(1)) is amended in the matter following subparagraph (B), by striking ``60 days'' and inserting ``the applicable notice period''. (c) Recipient.--Section 3(a)(1) (29 U.S.C. 2102(a)(1)) is amended by striking ``or, if there is no such representative at that time, to each affected employee'' and inserting ``and to each affected employee''. SEC. 4. ENFORCEMENT. (a) Amount.--Section 5(a)(1) (29 U.S.C. 2104(a)(1)) is amended-- (1) in subparagraph (A)(ii), by striking ``and'' at the end thereof; (2) by redesignating subparagraph (B) as subparagraph (D); and (3) by inserting after subparagraph (A) the following new subparagraphs: ``(B) interest on the amount described in subparagraph (A) calculated at the prevailing rate; ``(C) an additional amount as liquidated damages equal to the sum of the amount described in subparagraph (A) and the interest described in subparagraph (B); and''. (b) Exemption.--Section 5(a)(4) (29 U.S.C. 2104(a)(4)) is amended by striking ``reduce the amount of the liability or penalty provided for in this section'' and inserting ``reduce the amount of the liability under subparagraph (C) of paragraph (1) and reduce the amount of the penalty provided for in paragraph (3)''. (c) Administrative Complaint.--Section 5(a)(5) (29 U.S.C. 2104(a)(5)) is amended-- (1) by striking ``may sue,'' and inserting ``may,''; (2) by inserting after ``both,'' the following: ``(A) file a complaint with the Secretary alleging a violation of section 3, or (B) bring suit''; and (3) by adding at the end thereof the following new sentence: ``A person seeking to enforce such liability may use one or both of the enforcement mechanisms described in subparagraphs (A) and (B).''. (d) Action by the Secretary.--Section 5 (29 U.S.C. 2104) is amended-- (1) by redesignating subsection (b) as subsection (d); and (2) by inserting after subsection (a) the following new subsections: ``(b) Action by the Secretary.-- ``(1) Administrative action.--The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 3 by an employer in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). ``(2) Subpoena powers.--For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209). ``(3) Civil action.--The Secretary may bring an action in any court of competent jurisdiction to recover on behalf of an employee the back pay, interest, benefits, and liquidated damages described in subsection (a)(1). ``(4) Sums recovered.--Any sums recovered by the Secretary on behalf of an employee under subparagraphs (A), (B), and (D) of section 5(a)(1) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee affected. Any such sums not paid to an employee because of inability to do so within a period of 3 years, and any sums recovered by the Secretary under subparagraph (C) of section 5(a)(1), shall be credited as an offsetting collection to the appropriations account of the Secretary of Labor for expenses for the administration of this Act and shall remain available to the Secretary until expended. ``(5) Action to compel relief by secretary.--The district courts of the United States shall have jurisdiction, for cause shown, over an action brought by the Secretary to restrain the withholding of payment of back pay, interest, benefits, or other compensation, plus interest, found by the court to be due to employees under this Act. ``(c) Limitations Period.-- ``(1) In general.--An action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. ``(2) Commencement.--In determining when an action is commenced under this section for the purposes of paragraph (1), it shall be considered to be commenced on the date on which the complaint is filed.''. SEC. 5. POSTING OF NOTICES; PENALTIES. The Act (29 U.S.C. 2101 et seq.) is amended by adding at the end thereof the following new section: ``SEC. 11. POSTING OF NOTICES; PENALTIES. ``(a) Posting of Notices.--Each employer shall post and keep posted in conspicuous places upon its premises where notices to employees are customarily posted a notice to be prepared or approved by the Secretary of Labor setting forth excerpts from, or summaries of, the pertinent provisions of this chapter and information pertinent to the filing of a complaint. ``(b) Penalties.--A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.''. SEC. 6. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date of the enactment of this Act.", "summary": "Worker Adjustment and Retraining Notification Amendments Act - Amends the Worker Adjustment and Retraining Act to cover employers of 50 or more employees (currently 100). Covers single-site plant closings or mass layoffs affecting 25 or more employees (currently 500 or more, or 50 or more if this comprises one-third of the workers at the site). Eliminates the single-site requirement for plant closings or mass layoffs affecting 100 or more employees, thus covering such closings or layoffs by one employer regardless of the number of sites involved. Specifies that the 90-day aggregate rule covers all related layoffs within that period, whether or not they are each above or below the threshold levels. Extends coverage to part-time employees. (Sec. 3) Revises the notice period based on the number of employees affected: (1) 25-49, 30 days; (2) 50-99, 60 days; and (3) 100 or more, 90 days. (The current period is 60 days.) Requires employer notice to each affected employee (as well as to the employee representative, if there is one). (Sec. 4) Revises and adds enforcement requirements. Adds to employer liability for violations: (1) interest on back pay owed; and (2) an additional amount as liquidated damages equal to the back pay and interest. Limits a good faith exemption to reduction of liability for interest and for a civil penalty. Allows aggrieved employees to enforce employer liability by bringing suit and/or filing a complaint with the Secretary of Labor. Directs the Secretary to investigate and resolve such complaints. Authorizes the Secretary to bring civil actions on behalf of the employee for back pay, interest, benefits, and liquidated damages. Establishes a two-year statute of limitations. (Sec. 5) Requires employers to post notices to employees of pertinent provisions of the Act and information on filing complaints. Establishes fines for willful violations of such posting requirement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense of Environment and Property Act of 2012''. SEC. 2. NAVIGABLE WATERS. (a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ``(B) Exclusions.--The term `navigable waters' does not include-- ``(i) waters that-- ``(I) do not physically abut waters described in subparagraph (A); and ``(II) lack a continuous surface water connection to navigable waters; ``(ii) man-made or natural structures or channels-- ``(I) through which water flows intermittently or ephemerally; or ``(II) that periodically provide drainage for rainfall; or ``(iii) wetlands without a continuous surface connection to bodies of water that are waters of the United States. ``(C) EPA and corps activities.--An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. ``(D) Aggregation; wetlands.-- ``(i) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of subparagraph (B) shall not be used to determine or assert Federal jurisdiction. ``(ii) Wetlands.--Wetlands described in subparagraph (B)(iii) shall not be considered to be under Federal jurisdiction. ``(E) Appeals.--A jurisdictional determination by the Administrator that would affect the ability of a State to plan the development and use (including restoration, preservation, and enhancement) of land and water resources may be appealed by the State during the 30-day period beginning on the date of the determination. ``(F) Treatment of ground water.--Ground water shall-- ``(i) be considered to be State water; and ``(ii) not be considered in determining or asserting Federal jurisdiction over isolated or other waters, including intermittent or ephemeral water bodies.''. (b) Prohibition on Use of Nexus Test.--Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not use a significant nexus test (as used by the Environmental Protection Agency in the document listed in section 3(a)(3) of this Act) to determine Federal jurisdiction over navigable waters and waters of the United States (as those terms are defined and used, respectively, in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)). (c) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). SEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE. (a) In General.--The following regulations and guidance shall have no force or effect: (1) The final rule of the Corps of Engineers entitled ``Final Rule for Regulatory Programs of the Corps of Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)). (2) The proposed rule of the Environmental Protection Agency entitled ``Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of `Waters of the United States''' (68 Fed. Reg. 1991 (January 15, 2003)). (3) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' (December 2, 2008) (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). (4) Any subsequent regulation of or guidance issued by any Federal agency that defines or interprets the term ``navigable waters''. (b) Prohibition.--The Secretary of the Army, acting through the Chief of Engineers, and the Administrator of the Environmental Protection Agency shall not promulgate any rules or issue any guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. SEC. 4. STATE REGULATION OF WATER. Nothing in this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. SEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES. Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1318) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Entry by federal agency.--A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property-- ``(A) has consented to the entry in writing; ``(B) is notified regarding the date of the entry; and ``(C) is given access to any data collected from the entry. ``(2) Access.--If a landowner consents to entry under paragraph (1), the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out.''. SEC. 6. COMPENSATION FOR REGULATORY TAKING. (a) In General.--If a Federal regulation relating to the definition of navigable waters or waters of the United States diminishes the fair market value or economic viability of a property, as determined by an independent appraiser, the Federal agency issuing the regulation shall pay the affected property owner an amount equal to twice the value of the loss. (b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the agency. (c) Applicability.--A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section.", "summary": "Defense of Environment and Property Act of 2012 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to redefine \"navigable waters\" to specify that included territorial seas are those that are: (1) navigable-in-fact; or (2) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. Excludes from such term: (1) waters that do not physically abut navigable waters and lack a continuous surface water connection to navigable waters; (2) man-made or natural structures or channels through which water flows intermittently or ephemerally, or that periodically provide drainage for rainfall; or (3) wetlands without a continuous surface connection to bodies of water that are waters of the United States. Prohibits activities carried out by the Administrator of the Environmental Protection Agency (EPA) or the Army Corps of Engineers from impinging upon states' power over land and water use. Prohibits: (1) aggregation of such excluded wetlands or waters from being used to determine or assert federal jurisdiction; and (2) wetlands without a continuous surface connection to bodies of water that are waters of the United States from being considered to be under federal jurisdiction. Authorizes states to appeal jurisdictional determinations by the Administrator that would affect their ability to plan the development and use of land and water resources for 30 days after such determination. Considers ground water to be state water. Prohibits ground water from being considered in determining or asserting federal jurisdiction over isolated or other waters. Prohibits the Administrator from using a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States. Gives no force or effect to: (1) the Corps' rule entitled \"Final Rule for Regulatory Programs of the Corps of Engineers\"; (2) EPA's proposed rule entitled \"Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of 'Waters of the United States'\"; (3) the guidance document entitled \"Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States (relating to the definition of waters under the jurisdiction of the Clean Water Act); and (4) any subsequent regulation of or guidance issued by federal agencies that defines or interprets the term \"navigable waters.\" Prohibits the Corps and EPA from promulgating rules or issuing guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. Sets forth provisions requiring federal agencies to obtain consent of private property owners prior to entering their land to collect information about navigable waters. Requires federal agencies that issue regulations that relate to the definition of navigable waters or waters of the United States and diminish the fair market value or economic viability of a property to pay the affected property owner an amount equal to twice the value of the loss. Gives no force or effect to such regulation until landowners with such claims have been compensated."}
{"article": "SECTION 1. STUDY OF HEALTH EFFECTS OF BACKSCATTER X-RAY MACHINES. (a) In General.--The Under Secretary for Science and Technology in the Department of Homeland Security shall provide for the conduct of an independent study of the effects on human health caused by the use of backscatter x-ray machines at airline checkpoints operated by the Transportation Security Administration. (b) Requirements for Study.-- (1) Conduct.--The study required under subsection (a) shall be-- (A) initiated not later than 90 days after the date of the enactment of this Act; (B) conducted by an independent laboratory selected by the Under Secretary, in consultation with the National Science Foundation, from among laboratories with expertise in the conduct of similar studies; and (C) to the maximum extent practicable, consistent with standard evaluations of radiological medical equipment. (2) Testing equipment.--In conducting the study, the laboratory shall, to the maximum extent practicable-- (A) use calibration testing equipment developed by the laboratory for purposes of study; and (B) use commercially available calibration testing equipment as a control. (3) Elements.--In conducting the study, the laboratory shall, to the maximum extent practicable and consistent with recognized protocols for independent scientific testing-- (A) dismantle and evaluate one or more backscatter x-ray machine used at airline checkpoints operated by the Transportation Security Administration in order to determine-- (i) the placement of testing equipment so that radiation emission readings during the testing of such machines are as accurate as possible; and (ii) how best to measure the dose emitted per scan; (B) determine the failure rates and effects of use of such machines; (C) include the use of alternative testing methods in the determination of levels of radiation exposure (such as an examination of enzyme levels after x-ray exposure to determine if there is a biological response to cellular damage caused by such an exposure); (D) assess the fail-safe mechanisms of such machines in order to determine the optimal operating efficacy of such machines; (E) ensure that any tests performed are replicable; (F) obtain peer review of any tests performed; and (G) meet such other requirements as the Under Secretary shall specify for purposes of the study. (4) Report.-- (A) Evaluation.--The Under Secretary shall provide for an independent panel, in consultation with the National Science Foundation, with expertise in conducting similar evaluations, to evaluate the data collected under the study to assess the health risks posed by backscatter x-ray machines to individuals and groups of people screened or affected by such machines, including-- (i) frequent air travelers; (ii) employees of the Transportation Security Administration; (iii) flight crews; (iv) other individuals who work at an airport; and (v) individuals with greater sensitivity to radiation, such as children, pregnant women, the elderly, and cancer patients. (B) Considerations.--In conducting the evaluation under subparagraph (A), the panel shall-- (i) conduct a literature review of relevant clinical and academic literature; and (ii) consider the risk of backscatter x-ray technology from a public health perspective in addition to the individual risk to each airline passenger. (C) Reports.-- (i) Progress reports.--Not later than 90 days after the date of the enactment of this Act, and periodically thereafter until the final report is submitted pursuant to clause (ii), the Under Secretary shall submit a report to Congress that contains the preliminary findings of the study conducted under this subsection. (ii) Final report.--Not later than 90 days after the date on which the panel completes the evaluation required under this paragraph, the Under Secretary shall submit a report to Congress that contains the result of the study and evaluation conducted under this subsection. SEC. 2. SIGNAGE REQUIREMENT RELATING TO BACKSCATTER X-RAY MACHINES. The Administrator of the Transportation Security Administration shall ensure that large, easily readable signs or equivalent electronic displays are placed at the front of airline passenger check point queues where backscatter advanced imaging technology machines are used for screening to inform airline passengers, particularly passengers who may be sensitive to radiation exposure, that they may request to undergo alternative screening procedures instead of passing through a backscatter x-ray machine.", "summary": "Directs the Under Secretary for Science and Technology in the Department of Homeland Security (DHS) to arrange for an independent study of the effects on human health caused by the use of backscatter x-ray machines at airline checkpoints operated by the Transportation Security Administration (TSA). Directs the TSA Administrator to ensure that large, readable signs or equivalent electronic displays are placed at the front of airline passenger check points where backscatter advanced imaging technology machines are used for screening to inform airline passengers that they may request undergoing alternative screening procedures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers and Veterans Prescription Drug Safety Act of 2016''. SEC. 2. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. (a) Definitions.--In this section: (1) Covered beneficiary.--The term ``covered beneficiary'' has the meaning given that term in section 1072 of title 10, United States Code. (2) Covered controlled substance.--The term ``covered controlled substance'' means a controlled substance that is listed in schedule II, III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (3) Dependent.--The term ``dependent'' has the meaning given that term in section 1072 of title 10, United States Code. (4) Eligible person.--The term ``eligible person'' means-- (A) a member of the Armed Forces; (B) an individual who is receiving or is entitled to receive retired or retainer pay under chapter 71 of title 10, United States Code; (C) a dependent of a member of the Armed Forces, if that dependent is a covered beneficiary in receipt of health care services under chapter 55 of title 10, United States Code; and (D) any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (C) who dies while lawfully in possession of a covered controlled substance for personal use. (5) Program.--The term ``program'' means the program established under subsection (b)(1). (6) Secretary.--The term ``Secretary'' means the Secretary of Defense. (b) Program Required.-- (1) In general.--The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act (21 U.S.C. 822(g)), under which an eligible person who has lawfully obtained a covered controlled substance in accordance with such Act may deliver the covered controlled substance to be disposed of at a facility and by a person specified under paragraph (2). (2) Delivery of controlled substances.--Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a controlled substance be authorized to receive the controlled substance under such Act, the Secretary and the Attorney General shall jointly specify the facilities and persons to which covered controlled substances may be delivered under the program. (c) Prevention of Abuse.--In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program. (d) Administration of Program.-- (1) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program. (2) Implementation.--Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program. SEC. 3. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR VETERANS AND THEIR DEPENDENTS. (a) Definitions.--In this section: (1) Covered controlled substance.--The term ``covered controlled substance'' means a controlled substance that is listed in schedule II, III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (2) Eligible person.--The term ``eligible person'' means-- (A) a veteran; (B) the spouse of a veteran, if the spouse is in receipt of medical services under laws administered by the Secretary; (C) a dependent of a veteran, if the dependent is in receipt of medical services under laws administered by the Secretary; (D) a person described in section 2(a)(4) who is in receipt of medical services at a facility of the Department of Veterans Affairs; and (E) any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (D) who dies while lawfully in possession of a covered controlled substance for personal use. (3) Program.--The term ``program'' means the program established under subsection (b)(1). (4) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs. (5) Veteran.--The term ``veteran'' has the meaning given that term in section 101 of title 38, United States Code. (b) Program Required.-- (1) In general.--The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act (21 U.S.C. 822(g)), under which an eligible person who has lawfully obtained a covered controlled substance in accordance with such Act may deliver the covered controlled substance to be disposed of at a facility and by a person specified under paragraph (2). (2) Delivery of controlled substances.--Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a controlled substance be authorized to receive the controlled substance under such Act, the Secretary and the Attorney General shall jointly specify the facilities and persons to which covered controlled substances may be delivered under the program. (c) Prevention of Abuse.--In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program. (d) Administration of Program.-- (1) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program. (2) Implementation.--Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program.", "summary": "Servicemembers and Veterans Prescription Drug Safety Act of 2016 This bill directs the Department of Defense (DOD) and the Department of Justice (DOJ) to carry out a joint program under which an eligible person who has lawfully obtained a covered controlled substance may deliver it for disposal at a facility to be specified by DOD and DOJ. An eligible person for this purpose shall be: a member of the Armed Forces, an individual receiving or entitled to military retired or retainer pay, a member's dependent-beneficiary who is receiving certain health care services, or any person lawfully entitled to dispose of the property of any of such individuals who dies in lawful possession of a controlled substance for personal use. DOD and DOJ shall develop guidelines and procedures to prevent the diversion, misuse, theft, or loss of such substances delivered under the program. DOJ and the Department of Veterans Affairs (VA) shall carry out a similar joint program covering any veteran, veteran's spouse or dependent, a person in receipt of medical services at a VA facility, or any person lawfully entitled to dispose of the property of any of such individuals who dies in lawful possession of a controlled substance for personal use. DOJ and the VA shall also develop guidelines and procedures to prevent the diversion, misuse, theft, or loss of such substances delivered under the program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``E-Centives Act of 2009''. SEC. 2. INCREASED MATCHING PAYMENTS UNDER MEDICAID FOR HEALTH INFORMATION TECHNOLOGY. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) in subsection (a)(3)(E), by inserting ``(other than costs attributable to programs described in subsection (bb))'' after ``costs incurred during such quarter''; and (2) by adding at the end the following new subsections: ``(aa) Enhanced Payments for Certified Health Information Technology Incentives.-- ``(1) In general.--The Secretary shall provide for payments to each State that provides incentive payments to physicians, hospitals, community health centers, rural health clinics, and community mental health centers that exhibit meaningful use of health information technology certified under this subsection, as determined by the measures for meaningful use of health information technology under paragraph (5). No payment may be made to a State for incentive payments made by a State for meaningful use of health information technology that occurs before January 1, 2010. ``(2) Application.--To qualify for payments under paragraph (1), a State shall submit an application in a time and manner specified by the Secretary and containing the following: ``(A) A description of the incentive payments. ``(B) A description of the method the State will use to allocate such incentive payments among physicians, hospitals, community health centers, rural health clinics, and community mental health centers, including how the State will prioritize payments to providers serving a high percentage of Medicaid, SCHIP, and uninsured patients. ``(C) A time line for implementing such payment incentives. ``(D) A plan for disseminating information to physicians, hospitals, community health centers, rural health clinics, and community mental health centers about the availability of such payment incentives. ``(E) An assessment of the current level of use of health information technology by physicians, hospitals, community health centers, rural health clinics, and community mental health centers in the State, using a standard assessment form developed by the Secretary. ``(F) Any other information required by the Secretary. ``(3) Amount of payments to states.-- ``(A) In general.--Subject to subparagraph (B), the payment made to a State under this subsection for a quarter, with respect to sums expended by such State during such quarter that are attributable to providing incentive payments under paragraph (1), shall be in an amount equal to the following: ``(i) For any quarter in 2010, the enhanced FMAP (as defined in section 2105(b)) of such sums. ``(ii) For any quarter in 2011 or 2012, such sums multiplied by a percentage equal to such enhanced FMAP minus 1.5 percentage points. ``(iii) For any quarter in 2013 or 2014, such sums multiplied by a percentage equal to such enhanced FMAP minus 3 percentage points. ``(iv) For any quarter beginning after 2014, 0. ``(B) Limitation.-- ``(i) Fiscal year limitation.--The total amount of payments made under this subsection shall not exceed $500,000,000 for any fiscal year. ``(ii) Allocation.--If the amounts otherwise payable under this subsection for a fiscal year exceed the amount specified in clause (i), the Secretary shall reduce the amounts payable under this subsection, in a manner specified by the Secretary, to comply with the limitation under such clause. ``(iii) Duplicative payments prohibited.-- No payment shall be made under any other provision of this title for expenditures for which payment is made under this subsection. ``(C) Manner of payment.--Payment to a State under this subsection shall be made in the same manner as payments under subsection (a). ``(4) Certification requirements for health information technology.-- ``(A) In general.--The Secretary, in consultation with the Office of the National Coordinator for Health Information Technology and the Certification Commission of Health Information Technology, shall determine the requirements for certification of health information technology under this subsection. ``(B) Interim certification requirements.--During any period in which the Secretary has not determined such certification requirements, the Secretary, for purposes of this subsection, shall use the certification requirements for health information technology established by the Certification Commission for Health Information Technology. ``(5) Measures for meaningful use of health information technology.-- ``(A) In general.--For purposes of this subsection, the Secretary shall publish standard measures of meaningful use of health information technology to be used by providers to demonstrate meaningful use of certified health information technology. Such measures may include-- ``(i) self-certification of operational use of such technology; ``(ii) the submission of (or ability to submit), in a form and manner specified by the Secretary, such information on clinical measures and data (that do not include individually identifiable health information) from such technology as indicates a meaningful utilization of such technology; and ``(iii) such other means as the Secretary may specify. ``(B) Alternative measures.--The Secretary may establish and apply different measures based on the stage of implementation or adoption of the certified health information technology involved. ``(bb) Payments for Electronic Information and Eligibility Systems and Patient Registries.-- ``(1) In general.--In addition to the payments provided under subsection (a), the Secretary shall provide for payments to each State that establishes a program to-- ``(A) design, develop, install, maintain, and operate-- ``(i) electronic information and eligibility systems; and ``(ii) patient registries for the purpose of disease screening; ``(B) coordinate benefits and services under this title and under title XVIII for individuals under the State plan who are full-benefit dual eligible individuals. ``(C) train providers in the use of such systems and registries. ``(2) Application.--To qualify for payments under paragraph (1), a State shall submit an application in such time and manner as required by the Secretary and containing such information as the Secretary specifies and include, at a minimum, a description of the electronic information and eligibility systems and patient registries covered by the program described in paragraph (1). ``(3) Amount of payments to states.-- ``(A) In general.--The payments made a State under this subsection shall be an amount equal to-- ``(i) 90 percent of so much of the sums expended by such State during any quarter commencing on or after January 1, 2010, as are attributable to-- ``(I) the design, development, or installation of electronic information and eligibility systems and patient registries under paragraph (1); and ``(II) training staff employed by providers on the use of such system or registry during the three-year period beginning on the date such system or registry is installed; and ``(ii) 75 percent of so much of the sums expended by such State during any quarter commencing on or after January 1, 2010, as are attributable to-- ``(I) the maintenance of such systems and registries; and ``(II) training for staff employed by providers on the use of a system or registry that occurs after the last day of the end of the period described in clause (i)(II). ``(B) Manner of payment.--Payment to a State under this subsection shall be made in the same manner as payments under subsection (a). ``(4) Electronic information and eligibility system defined.--For purposes of this subsection, the term `electronic information and eligibility system' means a system for determining eligibility and exchanging information that meets such requirements as the Secretary shall specify. Such requirements for a system shall include a requirement that the system-- ``(A) be interconnected and interoperable with other electronic systems and registries, including-- ``(i) systems administered by the Centers for Disease Control for disease reporting purposes; ``(ii) systems that exist for the purpose of determining eligibility for the Medicare program under title XVIII; and ``(iii) systems that exist for the purpose of determining eligibility for the Temporary Assistance for Needy Families program under title IV, free and reduced price lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), or other federally funded programs targeted to low- income populations; and ``(B) can be used to automatically send, receive, and integrate data (including laboratory results and medical histories) from systems and registries administered by other providers or organizations or through a health information exchange.''. SEC. 3. MEDICAID TRANSFORMATION PAYMENTS REPORT. (a) In General.--Not later than June 30, 2009, the Secretary of Health and Human Services shall submit to Congress a report on Medicaid transformation payments under section 1903(z) of the Social Security Act (42 U.S.C. 1396b(z)). (b) Contents.--The report under subsection (a) shall include-- (1) a description-- (A) of the financial costs and benefits of the Medicaid transformation payments; (B) of the entities to which such costs and benefits accrue; and (C) of any reduction in duplicative or unnecessary care resulting from methods adopted by States and funded by such payments; and (2) an analysis of the information contained in the reports submitted to the Secretary by States under section 1903(z)(3)(C) of the Social Security Act during the two-year period ending on December 31, 2008, including-- (A) the impact of the methods funded by the payments on-- (i) health care quality and safety; and (ii) the privacy and security of identifiable health information; (B) the effect of such methods on furthering interconnectedness between-- (i) providers and State Medicaid programs; and (ii) State Medicaid programs and other programs for low-income populations administered by State and Federal entities; (C) the extent to which such methods reduce the administrative burden on such programs; and (D) the contribution of the payments to the goals of public health and public health reporting.", "summary": "E-Centives Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to provide for payments to each state that provides incentive payments to physicians, hospitals, community health centers, rural health clinics, and community mental health centers that exhibit meaningful use of certified health information technology. Directs the Secretary to provide for payments to each state that establishes a program to: (1) design, develop, install, maintain, and operate electronic information and eligibility systems and patient registries for the purpose of disease screening; (2) coordinate benefits and services under Medicare and Medicaid for full-benefit dual eligible individuals under the state plan; and (3) train providers in the use of such systems and registries. Directs the Secretary of Health and Human Services to submit to Congress a report on Medicaid transformation payments to states for the adoption of innovative methods to improve effectiveness and efficiency in providing medical assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Railroad Safety Authorization Act of 1994''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 20117(a)(1) of title 49, United States Code, is amended by adding after subparagraph (B) the following new subparagraphs: ``(C) $68,289,000 for fiscal year 1995. ``(D) $75,112,000 for fiscal year 1996. ``(E) $82,563,000 for fiscal year 1997. ``(F) $90,739,000 for fiscal year 1998.''. SEC. 3. HOURS OF SERVICE PILOT PROJECTS. (a) Amendment.--Chapter 211 of title 49, United States Code, is amended by adding at the end the following new section: ``SEC. 21108. PILOT PROJECTS. ``(a) Waiver.--A railroad or railroads and all labor organizations representing any class or craft of directly affected covered service employees of the railroad or railroads, may jointly petition the Secretary of Transportation for approval of a waiver, in whole or in part, of compliance with this chapter, to enable the establishment of one or more pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this chapter to such class or craft of employees, including requirements concerning maximum on-duty and minimum off-duty periods. Based on such a joint petition, the Secretary may, after notice and opportunity for comment, waive in whole or in part compliance with this chapter for a period of no more than two years, if the Secretary determines that such waiver of compliance is in the public interest and is consistent with railroad safety. Any such waiver may, based on a new petition, be extended for additional periods of up to two years, after notice and opportunity for comment. An explanation of any waiver granted under this section shall be published in the Federal Register. ``(b) Report.--The Secretary of Transportation shall submit to Congress, no later than January 1, 1997, a report that-- ``(1) explains and analyzes the effectiveness of all pilot projects established pursuant to a waiver granted under subsection (a); ``(2) describes the status of all other waivers granted under subsection (a) and their related pilot projects, if any; and ``(3) recommends appropriate legislative changes to this chapter. ``(c) Definition.--For purposes of this section, the term `directly affected covered service employees' means covered service employees to whose hours of service the terms of the waiver petitioned for specifically apply.''. (b) Table of Sections Amendment.--The table of sections for chapter 211 of title 49, United States Code, is amended by adding at the end the following new item: ``21108. Pilot projects.''. SEC. 4. CONFORMING AMENDMENT REGARDING HOURS OF SERVICE VIOLATIONS. Section 21303(a)(1) of title 49, United States Code, is amended by inserting ``or violating any provision of a waiver applicable to that person that has been granted under section 21108 of this title,'' after ``chapter 211 of this title''. SEC. 5. TECHNICAL AMENDMENT REGARDING FEDERAL RAILROAD SAFETY. Section 20111(c) of title 49, United States Code, is amended by inserting ``this chapter or any of the laws transferred to the jurisdiction of the Secretary of Transportation by subsection (e) (1), (2), and (6)(A) of section 6 of the Department of Transportation Act, as in effect on June 1, 1994, or'' after ``individual's violation of''. SEC. 6. BIENNIAL FEDERAL RAILROAD SAFETY REPORTING. (a) Section 20116 of title 49, United States Code, is amended-- (1) by striking in its heading ``Annual'' and inserting in lieu thereof ``Biennial''; (2) by striking ``not later than July 1 of each year a report on carrying out this chapter for the prior calendar year. The report shall include the following information about the prior year'' and inserting in lieu thereof ``every two years, on or before July 1 of the year due, a comprehensive report on the administration of this chapter for the preceding two calendar years. The report shall include the following information about such calendar years''; and (3) in paragraph (1), by inserting ``, by calendar year'' after ``casualties by cause''. (b) The item relating to section 20116 in the table of sections for chapter 201 of title 49, United States Code, is amended to read as follows: ``20116. Biennial report.''. SEC. 7. REPORT ON BRIDGE DISPLACEMENT DETECTION SYSTEMS. Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning any action that has been taken by the Secretary on railroad bridge displacement detection systems. SEC. 8. TRACK SAFETY. Section 20142 of title 49, United States Code, is amended-- (1) in subsection (b), by striking ``September 3, 1994'' and inserting in lieu thereof ``September 1, 1995''; (2) in subsection (a)(1), by inserting ``, including cold weather installation procedures'' after ``attendant structure''; and (3) by adding at the end the following new subsection: ``(d) Identification of Internal Rail Defects.--In carrying out subsections (a) and (b), the Secretary shall consider whether or not to prescribe regulations and issue orders concerning-- ``(1) inspection procedures to identify internal rail defects, before they reach imminent failure size, in rail that has significant shelling; and ``(2) any specific actions that should be taken when a rail surface condition, such as shelling, prevents the identification of internal defects.''. SEC. 9. RESIDENCE OF EMPLOYEES. The amendments made by section 7 of the Amtrak Reauthorization and Improvement Act of 1990 shall apply to all periods before and after the date of their enactment. Passed the House of Representatives August 8, 1994. Attest: DONNALD K. ANDERSON, Clerk.", "summary": "Federal Railroad Safety Authorization Act of 1994 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for FY 1995 through 1998 for railroad research and development and general safety operations. Amends the Hours of Service Act to authorize railroads, and labor organizations representing railroad employees, to jointly petition the Secretary of Transportation (Secretary) for approval of a waiver of limitations on hours of service with respect to such employees in order to establish one or more pilot projects to demonstrate the possible benefits of implementing alternatives to such limitations, including those concerning maximum on-duty and minimum off-duty periods. Authorizes the Secretary to waive compliance with such limitations for up to two years if it is in the public interest and is consistent with railroad safety. Requires the Secretary to report biennially (currently, annually) to the President and the Congress on the administration of Federal railroad safety rules and standards."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Unemployment Compensation Amendments of 1993''. SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. (a) General Rule.--Sections 102(f)(1) and 106(a)(2) of the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) are each amended by striking ``March 6, 1993'' and inserting ``October 2, 1993''. (b) Modification to Final Phase-Out.--Paragraph (2) of section 102(f) of such Act is amended-- (1) by striking ``March 6, 1993'' and inserting ``October 2, 1993'', and (2) by striking ``June 19, 1993'' and inserting ``January 15, 1994''. (c) Conforming Amendment.--Paragraph (1) of section 101(e) of such Act is amended by striking ``March 6, 1993'' each place it appears and inserting ``October 2, 1993''. (d) Effective Date.--The amendments made by this section shall apply to weeks beginning after March 6, 1993. SEC. 3. TREATMENT OF RAILROAD WORKERS. (a) Extension of Program.-- (1) In general.--Paragraphs (1) and (2) of section 501(b) of the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) are each amended by striking ``March 6, 1993'' and inserting ``October 2, 1993''. (2) Conforming amendment.--Section 501(a) of such Act is amended by striking ``March 1993'' and inserting ``October 1993''. (b) Termination of Benefits.--Section 501(e) of such Act is amended-- (1) by striking ``March 6, 1993'' and inserting ``October 2, 1993'', and (2) by striking ``June 19, 1993'' and inserting ``January 15, 1994''. (c) Effective Date.--The amendments made by this section shall apply to weeks beginning after March 6, 1993. SEC. 4. PROFILING OF NEW CLAIMANTS. (a) General Rule.--The Secretary of Labor shall establish a program for encouraging the adoption and implementation by all States of a system of profiling all new claimants for regular unemployment compensation (including new claimants under each State unemployment compensation law which is approved under the Federal Unemployment Tax Act (26 U.S.C. 3301-3311) and new claimants under Federal unemployment benefit and allowance programs administered by the State under agreements with the Secretary of Labor), to determine which claimants may be likely to exhaust regular unemployment compensation and may need reemployment assistance services to make a successful transition to new employment. (b) Technical Assistance to States.--The Secretary of Labor shall provide technical assistance and advice to the States in the development of model profiling systems and the procedures for such systems. Such technical assistance and advice shall be provided by the utilization of such resources as the -s-e-c-r-e-t-a-r-y Secretary deems appropriate, and the procedures for such profiling systems shall include the effective utilization of automated data processing. (c) Funding of Activities.--For purposes of encouraging the development and establishment of model profiling systems in the States, the Secretary of Labor shall provide to each State, from funds available for this purpose, such funds as may be determined by the Secretary to be necessary. (d) Report to Congress.--Within 30 months after the date of the enactment of this Act, the Secretary of Labor shall report to the Congress on the operation and effectiveness of the profiling systems adopted by the States, and the Secretary's recommendation for continuation of the systems and any appropriate legislation. (e) State.--For purposes of this section, the term ``State'' has the meaning given such term by section 3306(j)(1) of the Internal Revenue Code of 1986. (f) Effective Date.--The provisions of this section shall take effect on the date of the enactment of this Act. -S-E-C-. -5-. -A-U-T-H-O-R-I-Z-A-T-I-O-N -O-F -A-P-P-R-O-P-R-I-A-T-I-O-N-S-. -T-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d -t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -f-o-r -n-o-n-r-e-p-a-y-a-b-l-e -a-d-v-a-n-c-e-s -t-o -t-h-e -a-c-c-o-u-n-t -f-o-r -`-`-A-d-v-a-n-c-e-s -t-o -t-h-e -U-n-e-m-p-l-o-y-m-e-n-t -T-r-u-s-t -F-u-n-d -a-n-d -O-t-h-e-r -F-u-n-d-s-'-' -i-n -t-h-e -D-e-p-a-r-t-m-e-n-t -o-f -L-a-b-o-r -a-p-p-r-o-p-r-i-a-t-i-o-n-s -A-c-t-s -(-f-o-r -t-r-a-n-s-f-e-r -t-o -t-h-e -`-`-e-x-t-e-n-d-e-d -u-n-e-m-p-l-o-y-m-e-n-t -c-o-m-p-e-n-s-a-t-i-o-n -a-c-c-o-u-n-t-'-' -e-s-t-a-b-l-i-s-h-e-d -b-y -s-e-c-t-i-o-n -9-0-5 -o-f -t-h-e -S-o-c-i-a-l -S-e-c-u-r-i-t-y -A-c-t-) -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -t-o -c-a-r-r-y -o-u-t -t-h-e -p-u-r-p-o-s-e-s -o-f -t-h-e -a-m-e-n-d-m-e-n-t-s -m-a-d-e -b-y -s-e-c-t-i-o-n -2 -t-h-i-s -A-c-t-. SEC. 5. FINANCING PROVISIONS. (a) Authorization.--There are authorized to be appropriated for nonrepayable advances to the account for ``Advances to the Unemployment Trust Fund and Other Funds'' in Department of Labor Appropriations Acts (for transfer to the ``extended unemployment compensation account'' established by section 905 of the Social Security Act) such sums as may be necessary to make payments to the States to carry out the purposes of the amendments made by section 2 of this Act. (b) Use of Advance Account Funds.--The funds appropriated to the account for ``Advances to the Unemployment Trust Fund and Other Funds'' in the Department of Labor Appropriation Act for Fiscal Year 1993 (Public Law 102-394) are authorized to be used to make payments to the States to carry out the purposes of the amendments made by section 2 of this Act. SEC. 6. EMERGENCY DESIGNATION. Pursuant to sections 251(b)(2)(D)(i) and 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985, the Congress hereby designates all direct spending amounts provided by this Act (for all fiscal years) and all appropriations authorized by this Act (for all fiscal years) as emergency requirements within the meaning of part C of the Balanced Budget and Emergency Deficit Control Act of 1985.", "summary": "Emergency Unemployment Compensation Amendments of 1993 - Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) to extend the authorization for new claims for benefits under the emergency unemployment compensation (EUC) program to October 2, 1993 (currently March 6, 1993). Modifies the final phase-out period for continuation of claims to end it on January 15, 1994 (currently June 19, 1993). Provides for a similar extension of the program of temporary extended railroad unemployment insurance benefits (and modification of the phase-out period). Directs the Secretary of Labor to establish a program to encourage all States to adopt and implement a system (including automated data processing) for profiling all new claimants for regular unemployment compensation, to determine which claimants may be likely to exhaust such compensation and need reemployment assistance services. Requires provision of such technical assistance, advice, and funding to States for model profiling systems as the Secretary deems appropriate and necessary. Requires the Secretary to report, with recommendations, to the Congress on such systems within 30 months after enactment of this Act. Authorizes appropriations and the use of advance account funds to carry out the extension of the EUC program. Designates all direct spending amounts provided and all appropriations authorized by this Act as emergency requirements for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Eliminates a cost of living adjustment relating to the pay for Members of Congress for 1994."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Trade Transparency Act of 2017''. SEC. 2. DISCLOSURE BY PRESIDENT OF INCOME, ASSETS, AND LIABILITIES ASSOCIATED WITH COUNTRIES WITH WHICH THE UNITED STATES IS NEGOTIATING A TRADE OR INVESTMENT AGREEMENT. (a) In General.--Before initiating or continuing negotiations with a country for a trade or investment agreement, the President shall submit to Congress a report, in accordance with subsection (b) or (c), containing a full and complete statement of income earned, assets held, and liabilities owed by the President and associated with the country in the 12-month period preceding the submission of the report. (b) Timing of Report for New Negotiations.--In the case of negotiations for a trade or investment agreement with a country initiated on or after the date of the enactment of this Act, the President shall submit the report required by subsection (a)-- (1) in the case of negotiations subject to the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) with respect to which the President is required to submit a notification under section 103(a)(2) or 105(a)(1)(A) of that Act (19 U.S.C. 4202(a)(2) and 4204(a)(1)(A)), not later than the date on which the President submits the notification; (2) in the case of negotiations subject to the Uruguay Round Agreements Act (19 U.S.C. 3501 et seq.), not later than the date on which the President submits the report required by section 115(2) of that Act (19 U.S.C. 3524(2)); (3) in the case of negotiations subject to the North American Free Trade Agreement Implementation Act (19 U.S.C. 3301 et seq.), not later than the date on which the President submits the report required by section 103(a)(2) of that Act (19 U.S.C. 3313(a)(2)); or (4) in the case of negotiations for a trade or investment agreement not covered by paragraph (1), (2), or (3), not less than 60 days before initiating the negotiations. (c) Timing of Report for Pending Negotiations.--In the case of negotiations for a trade or investment agreement with a country initiated before the date of the enactment of this Act, the President shall submit the report required by subsection (a) with respect to that country not later than 90 days after such date of enactment. SEC. 3. DISCLOSURE BY PRESIDENT OF INCOME, ASSETS, AND LIABILITIES ASSOCIATED WITH COUNTRIES SUBJECT TO PRESIDENTIAL DETERMINATIONS IN TRADE ENFORCEMENT ACTIONS. (a) In General.--Before taking a covered action under a trade enforcement law with respect to a country, the President shall submit to Congress, in accordance with subsection (b), a report containing a full and complete statement of income earned, assets held, and liabilities owed by the President and associated with the country in the 12-month period preceding the submission of the report. (b) Timing of Report.--The President shall submit the report required by subsection (a)-- (1) in the case of a covered action under section 201 of the Trade Act of 1974 (19 U.S.C. 2251) with respect to which a document is required to be transmitted to Congress under section 203(b) of that Act (19 U.S.C. 2253(b)), not less than 30 days before the President transmits the document; (2) in the case of a covered action under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) that is the subject of a direction of the President as described in subsection (a)(1) or (b)(2) of that section, not less than 30 days before making that direction; (3) in the case of a covered action under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), not later than 30 days after the date on which a copy of the determination of the United States International Trade Commission is transmitted to the President under subsection (j) of that section; (4) in the case of a covered action under section 701(b)(2) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4421(b)(2)), not later than the date on which the report required under subparagraph (B) of that section is submitted to Congress; or (5) in the case of a covered action not covered by paragraph (1), (2), (3), or (4), not less than 30 days before taking such action. (c) Definitions.--In this section: (1) Covered action.--The term ``covered action'' means-- (A) the modification under a trade enforcement law of a duty imposed with respect to articles imported from a country; or (B) waiving action, or declining to exercise authority to take action, under a trade enforcement law in a trade enforcement matter with respect to a country. (2) Trade enforcement law.--The term ``trade enforcement law'' means-- (A) chapter I of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); (B) title III of that Act (19 U.S.C. 2411 et seq.); (C) section 122 of that Act (19 U.S.C. 2132); (D) section 406, 421, or 422 of that Act (19 U.S.C. 2436, 2451, and 2451a); (E) sections 337 and 338(a) of the Tariff Act of 1930 (19 U.S.C. 1337 and 1338(a)); (F) section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862); (G) section 701 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4421); (H) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or (I) any other provision of law providing the President with authority to restrict trade with a foreign country through modification of a duty on imports. SEC. 4. DISCLOSURE BY PRESIDENT OF INCOME, ASSETS, AND LIABILITIES ASSOCIATED WITH COUNTRIES ELIGIBLE FOR TRADE PREFERENCE PROGRAMS. (a) In General.--Before taking a covered action under a trade preference program with respect to a country or an article imported from a country, the President shall submit to Congress, in accordance with subsection (b), a report containing a full and complete statement of income earned, assets held, and liabilities owed by the President and associated with the country in the 12-month period preceding the submission of the report. (b) Timing of Report.--The President shall submit the report required by subsection (a)-- (1) in the case of a covered action under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) with respect to which the President is required to submit a notification under section 502(f) of the Trade Act of 1974 (19 U.S.C. 2462(f)) or a report under section 506A(a)(2) of that Act (19 U.S.C. 2466a(a)(2)), at the time the President submits the notification or report; (2) in the case of a covered action under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) with respect to which the President is required to submit a notification under paragraph (1) or (2) of section 212(a) of that Act (19 U.S.C. 2702(a)) or a report under section 213(b)(2)(A)(v)(II)(cc) of that Act (19 U.S.C. 2703(b)(2)(A)(v)(II)(cc)), at the time the President submits the notification or report; or (3) in the case of a covered action not covered by paragraph (1) or (2), not later than 60 days before taking the action. (c) Definitions.--In this section: (1) Covered action.--The term ``covered action'' means-- (A) the designation of a country as eligible for preferential treatment under a trade preference program; (B) the termination of such a designation; (C) any determination with respect to the eligibility of an article for preferential treatment under a trade preference program; (D) the withdrawal, suspension, or limitation of preferential treatment under a trade preference program with respect to a country or an article; or (E) the exercise of the authority to waive the competitive need limitation with respect to an article under section 503(d) of the Trade Act of 1974 (19 U.S.C. 2463(d)). (2) Trade preference program.--The term ``trade preference program'' means-- (A) the Generalized System of Preferences under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.); (B) the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.); (C) the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.); or (D) section 915 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4454). SEC. 5. CONTENTS OF DISCLOSURE REPORTS. The President shall include in a report required under section 2, 3, or 4 with respect to a country-- (1) the information specified in section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App. 102(a)), with respect to each source of income, each asset, and each liability associated with the country; and (2) a detailed description of the nature of the association of each such source of income, asset, or liability with the country. SEC. 6. EFFECT OF FAILURE TO TIMELY DISCLOSE. (a) Tariff Modifications.--If the President fails to submit a report required by this Act with respect to an action modifying tariff treatment with respect to articles imported from a country by the time required by this Act, any instrument providing for the modification of such tariff treatment shall have no force or effect. (b) Trade and Investment Agreements.--If the President fails to submit a report required by section 2 with respect to negotiations for a trade or investment agreement with a country by the time required by that section, the implementing bill submitted to Congress with respect to that agreement shall not be eligible for the trade authorities procedures under section 103 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4202). SEC. 7. DEFINITIONS. In this Act: (1) Associated with a country.--The term ``associated with a country'' or ``associated with the country''-- (A) with respect to an asset, means-- (i) any financial account maintained by a financial institution that is a person of the country; (ii) any stock or security issued by a person of the country; (iii) any financial instrument or contract held for investment that has an issuer or counterparty that is a person of the country; (iv) any interest in a person of the country; or (v) any real property located in the country or in which a person of the country, including any representative or agent of the government of the country, has a financial interest; (B) with respect to income, includes dividends, rents, interest, or capital gains or any other income (as defined in section 61 of the Internal Revenue Code of 1986) received directly or indirectly from an asset associated with the country or any gift or reimbursement received from a person of the country, including any representative or agent of the government of the country; and (C) with respect to a liability, refers to any liability owed to any creditor that is a person of the country, including an enterprise owned or controlled by the government of the country. (2) Person of the country.-- (A) In general.--Except as provided in subparagraph (B), with respect to a country, the term ``person of the country'' means-- (i) an individual who is a citizen of the country; or (ii) a branch, partnership, group or subgroup, association, estate, trust, corporation or division of a corporation, or other organization if-- (I) it is organized under the laws of the country; (II) its principal place of business is in the country; or (III) its equity securities are primarily traded on one or more exchanges of the country. (B) Exception.--The term ``person of the country'' does not include any branch, partnership, group or subgroup, association, estate, trust, corporation or division of a corporation, or other organization for which it is demonstrated that a majority of the equity interest in the organization is ultimately owned by nationals of the United States.", "summary": "Presidential Trade Transparency Act of 2017 This bill requires the President to submit to Congress a report containing a full and complete statement of the President's income earned, assets held, and liabilities owed in the preceding 12 months that are associated with a foreign country: with which the United States is negotiating a trade or investment agreement, that is subject to a presidential trade enforcement action determination modifying the tariff treatment of imported articles from such country, or that is designated as eligible for preferential trade treatment under a trade preference program. If the President fails to report such information to Congress: any instrument providing for the modification of such tariff treatment shall have no force or effect, and the bill implementing such a trade or investment agreement shall not be eligible for trade authorities (fast track) procedures under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015."}
{"article": "SECTION 1. PERMANENT LOAN GUARANTEE FEE WAIVERS FOR VETERANS. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (14)(B)(ii), by adding at the end the following: ``(III) Guarantee fee waiver for veterans.-- ``(aa) Definition.--In this subclause, the term `veteran or spouse of a veteran' has the meaning given the term in paragraph (31)(G)(iii). ``(bb) Guarantee fee waiver.--The Administrator may not collect a guarantee fee described in paragraph (18) in connection with a loan of not more than $150,000 made under this paragraph to a veteran or spouse of a veteran on or after October 1 of the first fiscal year beginning after the date of enactment of this subclause. ``(cc) Exception.--If the President's budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, includes a cost for the program established under this subsection that is above zero, the requirements of item (bb) shall not apply to loans made during such upcoming fiscal year.''; (2) in paragraph (16), by adding at the end the following: ``(G) Guarantee fee waiver for veterans.-- ``(i) Definition.--In this subparagraph, the term `veteran or spouse of a veteran' has the meaning given the term in paragraph (31)(G)(iii). ``(ii) Guarantee fee waiver.--The Administrator may not collect a guarantee fee described in paragraph (18) in connection with a loan of not more than $150,000 made under this paragraph to a veteran or spouse of a veteran on or after October 1 of the first fiscal year beginning after the date of enactment of this subparagraph. ``(iii) Exception.--If the President's budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, includes a cost for the program established under this subsection that is above zero, the requirements of clause (ii) shall not apply to loans made during such upcoming fiscal year.''; and (3) in paragraph (34), by adding at the end the following: ``(D) Guarantee fee waiver for veterans.-- ``(i) Definition.--In this subparagraph, the term `veteran or spouse of a veteran' has the meaning given the term in paragraph (31)(G)(iii). ``(ii) Guarantee fee waiver.--The Administrator may not collect a guarantee fee described in paragraph (18) in connection with an express loan of not more than $150,000 made under this paragraph to a veteran or spouse of a veteran on or after October 1 of the first fiscal year beginning after the date of enactment of this subparagraph. ``(iii) Exception.--If the President's budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, includes a cost for the program established under this subsection that is above zero, the requirements of clause (ii) shall not apply to express loans made during such upcoming fiscal year.''.", "summary": "This bill amends the Small Business Act to prohibit the Small Business Administration (SBA) from assessing a guarantee fee in connection with a loan of not more than $150,000 made to a veteran or spouse of a veteran beginning the first fiscal year after enactment of this bill under the SBA's Export Working Capital, International Trade, or Export Express programs. If the President's budget for the upcoming fiscal year includes a cost for such a program that is above zero, this prohibition shall not apply to loans made during such upcoming fiscal year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drone Federalism Act of 2017''. SEC. 2. PRESERVATION OF STATE, LOCAL, AND TRIBAL AUTHORITIES WITH RESPECT TO UNMANNED AIRCRAFT SYSTEMS. (a) Scope of Preemption for Civil Unmanned Aircraft Regulations.-- In prescribing regulations or standards related to civil unmanned aircraft systems, the Administrator shall-- (1) define the scope of the preemptive effect of such regulations or standards pursuant to section 40103 or 41713 of title 49, United States Code, which shall be limited to the extent necessary to ensure the safety and efficiency of the national airspace system for interstate commerce; and (2) preserve, to the greatest extent practicable, legitimate interests of State, local, and tribal governments, including-- (A) protecting public safety; (B) protecting personal privacy; (C) protecting property rights; (D) managing land use; and (E) restricting nuisances and noise pollution. (b) Reserved Powers.-- (1) In general.--In prescribing regulations or standards related to civil unmanned aircraft systems, the Administrator shall ensure that the authority of a State, local, or tribal government to issue reasonable restrictions on the time, manner, and place of operation of a civil unmanned aircraft system that is operated below 200 feet above ground level or within 200 feet of a structure is not preempted. (2) Reasonable restrictions.--For purposes of paragraph (1), reasonable restrictions on the time, manner, and place of operation of a civil unmanned aircraft system include the following: (A) Limitations on speed. (B) Prohibitions or limitations on operations in the vicinity of schools, parks, roadways, bridges, or other public or private property. (C) Restrictions on operations at certain times of the day or week or on specific occasions such as during parades or sporting events. (D) Prohibitions on operations while the operator is under the influence of drugs or alcohol. (E) Prohibitions on careless or reckless operations. (F) Other prohibitions that protect public safety, personal privacy, or property rights, or that manage land use or restrict noise pollution. SEC. 3. PRESERVATION OF PRIVATE PROPERTY RIGHTS. (a) Affirmation of Applicability of Constitutional Takings Clause to Federal Aviation Administration Regulations.--In prescribing regulations or standards related to civil unmanned aircraft systems, the Administrator shall not authorize the operation of a civil unmanned aircraft in the immediate reaches of the airspace above property without permission of the property owner. (b) Affirmation of Applicability of Constitutional Takings Clause Absent Federal Aviation Administration Regulations.--Section 336(a) of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) is amended-- (1) in paragraph (4), by striking ``; and'' and inserting a semicolon; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) when flown in the immediate reaches of the airspace above property (as defined in section 3(c) of the Drone Federalism Act of 2017), the operator has the permission of the property owner.''. (c) Definition.--In this section, the term ``immediate reaches of the airspace above property'', with respect to the operation of a civil unmanned aircraft system, includes-- (1) any area within 200 feet above the ground level of the property; (2) any area within 200 feet above any structure on the property; and (3) any area where operation of the aircraft system could interfere with the enjoyment or use of the property. SEC. 4. PILOT PROGRAM ON FEDERAL PARTNERSHIPS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Administrator shall enter into agreements with not more than 10 State, local, or tribal governments to establish pilot programs under which-- (1) the Administrator shall provide technical assistance to such governments in regulating the operation of civil unmanned aircraft systems, including through the use of the latest available technologies; and (2) the Administrator and such governments shall coordinate efforts with respect to the enforcement of regulations relating to the operation of civil unmanned aircraft systems. (b) Selection.--In selecting among State, local, and tribal governments for purposes of establishing pilot programs under subsection (a), the Administrator shall seek to enter into agreements with-- (1) governments that vary in their size and intended approach to regulation of civil unmanned aircraft systems; and (2) not less than one State government, not less than one county government, not less than one city government, and not less than one tribal government. (c) Unmanned Aircraft Systems Traffic Management System.--The Administrator shall coordinate with Administrator of the National Aeronautics and Space Administration to ensure that participants in pilot programs established under subsection (a) are consulted in the development of the unmanned aircraft systems traffic management system under subsection (a) section 2208 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114-190; 49 U.S.C. 40101 note) and the pilot program under subsection (b) of that section. (d) Report Required.--Not later than 2 years after establishing the pilot programs required by subsection (a), the Administrator shall submit to Congress, and make available to the public, a report identifying best practices for State, local, and tribal governments to regulate the operation of civil unmanned aircraft systems and to collaborate with the Federal Aviation Administration with respect to the regulation of such systems. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed-- (1) to diminish or expand the preemptive effect of the authority of the Federal Aviation Administration with respect to manned aviation; or (2) to affect the civil or criminal jurisdiction of-- (A) any Indian tribe relative to any State or local government; or (B) any State or local government relative to any Indian tribe. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Civil.--The term ``civil'', with respect to an unmanned aircraft system, means that the unmanned aircraft is not a public aircraft (as defined in section 40102 of title 49, United States Code). (3) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (4) Local government.--The term ``local'', with respect to a government, means the government of a subdivision of a State. (5) State.--The term ``State'' means each of the several States, the District of Columbia, and the territories and possessions of the United States. (6) Tribal government.--The term ``tribal'', with respect to a government, means the governing body of an Indian tribe. (7) Unmanned aircraft; unmanned aircraft system.--The terms ``unmanned aircraft'' and ``unmanned aircraft system'' have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).", "summary": "Drone Federalism Act of 2017 This bill requires the Federal Aviation Administration, in prescribing regulations or standards related to unmanned aircraft systems, to: define, and limit the scope of, the preemptive effect of such regulations or standards; preserve the legitimate interests of state, local, and tribal governments (e.g., protecting public safety); preserve state, local, and tribal authority to issue certain reasonable restrictions on the operation of a civil unmanned aircraft system within 200 feet of the ground or a structure; authorize, only with a property owner's permission, the operation of a civil unmanned aircraft in the immediate reaches of the airspace above private property; and establish pilot programs with state, local, and tribal governments to regulate the operation of civil unmanned aircraft systems, coordinate enforcement efforts with respect to such regulations, and identify best practices."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban Poisonous Additives Act of 2011''. SEC. 2. REQUIREMENTS WITH RESPECT TO BISPHENOL A. (a) Ban on Use of Bisphenol A in Food and Beverage Containers for Children.-- (1) Baby food; unfilled baby bottles and cups.--Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(j)(1) If it is a food intended for children 3 years of age or younger, the container of which (including the lining of such container) is composed, in whole or in part, of bisphenol A. ``(2) If it is a baby bottle or cup that is composed, in whole or in part, of bisphenol A.''. (2) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(rr) Baby Bottle or Cup.--For purposes of section 402(j), the term `baby bottle or cup' means a bottle or cup that-- ``(1) is intended to aid in the feeding or providing of drink to children 3 years of age or younger; and ``(2) does not contain a food when such bottle or cup is sold or distributed at retail.''. (3) Effective dates.-- (A) Baby food.--Section 402(j)(1) of the Federal Food, Drug, and Cosmetic Act, as added by paragraph (1), shall take effect 1 year after the date of enactment of this Act. (B) Unfilled baby bottles and cups.--Section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act, as added by paragraph (1), shall take effect 180 days after the date of enactment of this Act. (b) Ban on Use of Bisphenol A in Infant Formula Containers.-- (1) In general.--Section 412(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(a)) is amended-- (A) in paragraph (2), by striking ``, or'' and inserting ``,''; (B) in paragraph (3), by striking the period at the end and inserting ``, or''; and (C) by adding at the end the following: ``(4) the container of such infant formula (including the lining of such container and, in the case of infant formula powder, excluding packaging on the outside of the container that does not come into contact with the infant formula powder) is composed, in whole or in part, of bisphenol A.''. (2) Effective date.--The amendments made by paragraph (1) shall take effect 18 months after the date of enactment of this Act. (c) Regulation of Other Containers Composed of Bisphenol A.-- (1) Safety assessment of products composed of bpa.--Not later than December 1, 2012, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall issue a revised safety assessment for food containers composed, in whole or in part, of bisphenol A, taking into consideration different types of such food containers and the use of such food containers with respect to different foods, as appropriate. (2) Safety standard.--Through the safety assessment described in paragraph (1), and taking into consideration the requirements of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348) and section 170.3(i) of title 21, Code of Federal Regulations, the Secretary shall determine whether there is a reasonable certainty that no harm will result from aggregate exposure to bisphenol A through food containers or other items composed, in whole or in part, of bisphenol A, taking into consideration potential adverse effects from low dose exposure, and the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to bisphenol A. (3) Application of safety standard to alternatives.--The Secretary shall use the safety standard described under paragraph (2) to evaluate the proposed uses of alternatives to bisphenol A. (d) Savings Provision.--Nothing in this section shall affect the right of a State, political subdivision of a State, or Indian Tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this section or that-- (1) applies to a product category not described in this section; or (2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed, in whole or in part, of bisphenol A. (e) Definition.--For purposes of this section, the term ``container'' includes the lining of a container.", "summary": "Ban Poisonous Additives Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to deem to be adulterated: (1) food intended for children three years of age or younger if the container is composed of bisphenol A (BPA); (2) a baby bottle or cup that is intended for use by children three years of age or younger, that does not contain a food when such bottle or cup is sold or distributed at retail, and that is composed of BPA; and (3) infant formula if the container (excluding packaging on the outside of a container that does not come into contact with infant formula powder) is composed of BPA. Requires the Secretary of Health and Human Services (HHS) to: (1) issue a revised safety assessment for food containers composed of BPA, taking into consideration different types of such containers and the use of such containers with respect to different foods; and (2) determine whether there is a reasonable certainty that no harm will result from aggregate exposure to BPA through food containers or other items composed of BPA, taking into consideration potential adverse effects from low-dose exposure and the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to BPA."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Burma Human Rights and Democracy Act of 2014''. SEC. 2. ASSISTANCE FOR THE GOVERNMENT OF BURMA. (a) Limitation.-- (1) In general.--No funds authorized to be appropriated or otherwise made available for fiscal year 2014 or 2015 may be made available for security assistance described in paragraph (2) to the Government of Burma unless the Secretary of State certifies to the appropriate congressional committees that-- (A) the Government of Burma has taken concrete steps toward-- (i) establishing civilian oversight of the armed forces; (ii) addressing human rights abuses by the Burmese military, including publicly acknowledging that human rights abuses have been and continue to be committed by the Burmese military, and committing to a zero tolerance policy against such human rights abuses; and (iii) terminating military relations with North Korea; (B) the Government of Burma has taken concrete steps to establish a fair, transparent and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and all ethnic minority groups, and the constitutional reform process will provide the basis for free, fair, and competitive elections in Burma; (C) the Government of Burma has amended its constitution and laws to ensure civilian control of the military and implemented reforms to increase the transparency and accountability of the military's budget and operations, and the Burmese military has taken substantial and meaningful steps to divest itself from ownership of commercial businesses; (D) the Government of Burma is showing meaningful and well-documented efforts to promote peace agreements or political reconciliation and equal and fair treatment of all ethnic groups in conflict areas or areas of unrest, and to actively address the resettlement and humanitarian situation of displaced persons; and (E) the Burmese military is-- (i) improving its human rights record, as measured by consistent decreases in reports of forced labor, indefinite detention, torture, or cruel, inhumane, and degrading treatment of detainees, and use in armed conflict of indiscriminate or disproportionate methods and means of attack; (ii) demonstrating a genuine interest in reform by ceasing attacks against ethnic minority groups in both ceasefire and non- ceasefire areas; (iii) taking steps to withdraw forces from conflict zones, including by halting the use of soldiers in economic development projects; (iv) adhering to the conditions of ceasefire agreements; and (v) signing and implementing a code of conduct. (2) Definition.--In this subsection, the term ``security assistance'' means-- (A) assistance under chapter 2 (military assistance), chapter 5 (military education and training), or chapter 6 (peacekeeping operations) of part II of the Foreign Assistance Act of 1961; (B) assistance under chapter 8 of part II of the Foreign Assistance Act of 1961, chapter 9 of part II of such Act, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act, or the Foreign Assistance Act of 1961 for demining programs and activities to be carried out by or in conjunction with military units or personnel of a foreign country; (C) sales of defense articles or defense services, extensions of credits (including participations in credits), and guaranties of loans under the Arms Export Control Act; or (D) any license in effect with respect to the export of defense articles or defense services to or for the armed forces, police, intelligence, or other internal security forces of Burma under section 38 of the Arms Export Control Act. (3) Applicability to fy 2014 funds.--The limitation on the availability of funds under this subsection for fiscal year 2014 shall apply with respect to funds that are unobligated as of the date of the enactment of this Act. (4) Sense of congress.--Nothing in this Act should be construed either to prevent participation by Burmese authorities in training on civil-military relations and human rights, as carried out by the Defense Institute of International Legal Studies, or to prevent United States disaster assistance in Burma. (b) Report.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the strategy for, and plans and status of, engagement between the United States and the Burmese military. (2) Elements.--The report required under paragraph (1) shall include the following elements: (A) A description and assessment of the Government of Burma's strategy for security sector reform, an identification and comprehensive analysis of those reform elements that the United States Government should support, and a multi-year cost estimate for providing such support. (B) The United States strategy for the relationship between the United States and the Burmese military, including a description of how and why such engagements are necessary for United States national security. (C) An assessment of the human rights record of the Burmese military over the past decade, including-- (i) an account of violations of human rights and laws of armed conflict by the Burmese military and all paramilitary and security forces under its command, including against ethnic minority groups; (ii) a description of efforts by the Burmese military to implement human rights reforms; and (iii) a description of progress in the relationship between the United States and the Burmese military and such reforms. (D) An assessment of any substantial and meaningful steps taken by the Burmese military to implement reforms to increase transparency and accountability of the military's budget and operations and to divest itself from ownership of commercial business. (E) A list of ongoing activities conducted by the United States Government and other international donors with the Burmese military, including a description of each such activity. (F) An update on activities that were listed in previous reporting. (G) A list of activities that are planned to occur over the upcoming year, with a written description of each. (H) A description of progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups, including the steps taken by the Burmese military to demonstrate respect for ceasefires, laws of armed conflict, and human rights provisions prohibiting rape, torture, forced labor, trafficking, and the use of child soldiers. (I) A description of the concrete steps the Government of Burma has taken-- (i) to establish a fair, transparent, and inclusive process to amend the Constitution of Burma; (ii) to promote peace agreements or political reconciliation and equal and fair treatment of all ethnic groups in conflict areas or areas of unrest; and (iii) to actively address the resettlement and humanitarian situation of displaced persons. (J) An assessment of the status of the Burmese military's cooperation with civilian authorities to investigate and resolve cases of human rights violations. (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.", "summary": "Burma Human Rights and Democracy Act of 2014 - Prohibits FY2014 or FY2015 funds from being made available for security assistance to the government of Burma unless the Secretary of State certifies to Congress that: (1) Burma has taken steps toward establishing civilian oversight of the armed forces, addressing human rights abuses by the military, and terminating military relations with North Korea; (2) Burma has taken steps to establish a fair and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and ethnic minority groups; (3) Burma has amended its constitution and laws to ensure civilian control of the military; (4) Burma is promoting peace agreements or political reconciliation and is addressing the resettlement and humanitarian situation of displaced persons; and (5) the Burmese military is improving its human rights record, taking steps to withdraw forces from conflict zones, and implementing a code of conduct. States that nothing in this Act should be construed to prevent participation by Burmese authorities in training on civil-military relations and human rights, as carried out by the Defense Institute of International Legal Studies, or to prevent U.S. disaster assistance in Burma. Directs the Secretary of State to report annually to Congress on the status of military-to-military engagement between the U.S. Armed Forces and the Burmese military."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wekiva Wild and Scenic River Designation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Public Law 104-311 authorized the study of the Wekiva River and the associated tributaries of Rock Springs Run and Seminole Creek (including Wekiwa Springs Run and the tributary of Black Water Creek that connects Seminole Creek to the Wekiva River) for potential inclusion in the National Wild and Scenic Rivers System; (2) the study referred to in paragraph (1) determined that the Wekiva River and the associated tributaries of Wekiwa Springs Run, Rock Springs Run, Seminole Creek, and Black Water Creek downstream of Lake Norris to the confluence with the Wekiva River are eligible for inclusion in the National Wild and Scenic Rivers System based on the free-flowing condition and outstanding scenic, recreational, fishery, wildlife, historic, cultural, and water quality values of those waterways; (3) the public support for designation of the Wekiva River as a component of the National Wild and Scenic Rivers System has been demonstrated through substantial attendance at public meetings, State and local agency support, and the support and endorsement of designation by the Wekiva River Basin Working Group that was established by the Department of Environmental Protection of the State of Florida and represents a broad cross section of State and local agencies, landowners, environmentalists, nonprofit organizations, and recreational users; (4) the State of Florida has demonstrated a commitment to protect the Wekiva River-- (A) by enacting Florida Statutes chapter 369, the Wekiva River Protection Act; (B) by establishing a riparian habitat wildlife protection zone and water quality protection zone administered by the St. Johns River Water Management District; (C) by designating the Wekiva River as outstanding Florida waters; and (D) by acquiring State preserve, reserve, and park land adjacent to the Wekiva River and associated tributaries; (5) Lake, Seminole, and Orange Counties, Florida, have demonstrated their commitment to protect the Wekiva River and associated tributaries in the comprehensive land use plans and land development regulations of those counties; and (6) the segments of the Wekiva River, Rock Springs Run, and Black Water Creek described in section 3, totaling approximately 41.6 miles, are in public ownership, protected by conservation easements, or defined as waters of the State of Florida. SEC. 3. DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(162) Wekiva river, wekiwa springs run, rock springs run, and black water creek, florida.-- ``(A) The 41.6 miles of river and tributary segments in Florida, as follows: ``(i) Wekiva river, florida.--The 14.9 miles of the Wekiva River, from its confluence with the St. Johns River to Wekiwa Springs, to be administered by the Secretary of the Interior in the following classifications: ``(I) From the confluence with the St. Johns River to the southern boundary of the Lower Wekiva River State Preserve, approximately 4.4 miles, as a wild river. ``(II) From the southern boundary of the Lower Wekiva River State Preserve to the northern boundary of Rock Springs Run State Reserve at the Wekiva River, approximately 3.4 miles, as a recreational river. ``(III) From the northern boundary of Rock Springs Run State Reserve at the Wekiva River to the southern boundary of Rock Springs Run State Reserve at the Wekiva River, approximately 5.9 miles, as a wild river. ``(IV) From the southern boundary of Rock Springs Run State Reserve at the Wekiva River upstream along Wekiwa Springs Run to Wekiwa Springs, approximately 1.2 miles, as a recreational river. ``(ii) Rock springs run, florida.--The 8.8 miles of Rock Springs Run, from its confluence with the Wekiwa Springs Run to its headwaters at Rock Springs, to be administered by the Secretary in the following classifications: ``(I) From the confluence with Wekiwa Springs Run to the western boundary of Rock Springs Run State Reserve at Rock Springs Run, approximately 6.9 miles, as a wild river. ``(II) From the western boundary of Rock Springs Run State Reserve at Rock Springs Run to Rock Springs, approximately 1.9 miles, as a recreational river. ``(iii) Black water creek, florida.--The 17.9 miles of Black Water Creek from its confluence with the Wekiva River to the outflow from Lake Norris, to be administered by the Secretary in the following classifications: ``(I) From the confluence with the Wekiva River to approximately .25 mile downstream of the Seminole State Forest road crossing, approximately 4.0 miles, as a wild river. ``(II) From approximately .25 mile downstream of the Seminole State Forest road to approximately .25 mile upstream of the Seminole State Forest road crossing, approximately .5 mile, as a scenic river. ``(III) From approximately .25 mile upstream of the Seminole State Forest road crossing to approximately .25 mile downstream of the old railroad grade crossing (approximately river mile 9), approximately 4.5 miles, as a wild river. ``(IV) From approximately .25 mile downstream of the old railroad grade crossing (approximately river mile 9) upstream to the boundary of Seminole State Forest (approximately river mile 10.6), approximately 1.6 miles, as a scenic river. ``(V) From the boundary of Seminole State Forest (approximately river mile 10.6) to approximately .25 mile downstream of the State Road 44 crossing, approximately .9 mile, as a wild river. ``(VI) From approximately .25 mile downstream of State Road 44 to approximately .25 mile upstream of the State Road 44A crossing, approximately .5 mile, as a recreational river. ``(VII) From approximately .25 mile upstream of the State Road 44A crossing to approximately .25 mile downstream of the Lake Norris Road crossing, approximately 4.8 miles, as a wild river. ``(VIII) From approximately .25 mile downstream of the Lake Norris Road crossing to the outflow from Lake Norris, approximately 1.1 miles, as a recreational river. SEC. 4. SPECIAL REQUIREMENTS APPLICABLE TO WEKIVA RIVER AND TRIBUTARIES. (a) Definitions.--As used in this Act: (1) Committee.--The term ``Committee'' means the Wekiva River System Advisory Management Committee established pursuant to section 5. (2) Comprehensive management plan.--The terms ``comprehensive management plan'' and ``plan'' mean the comprehensive management plan to be developed pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Wekiva river system.--The term ``Wekiva River system'' means the segments of the Wekiva River, Wekiwa Springs Run, Rock Springs Run, and Black Water Creek in the State of Florida designated as components of the National Wild and Scenic Rivers System by paragraph (161) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), as added by this Act. (b) Cooperative Agreement.-- (1) Use authorized.--In order to provide for the long-term protection, preservation, and enhancement of the Wekiva River system, the Secretary shall offer to enter into cooperative agreements pursuant to sections 10(c) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c), 1282(b)(1)) with the State of Florida, appropriate local political jurisdictions of the State, namely the counties of Lake, Orange, and Seminole, and appropriate local planning and environmental organizations. (2) Effect of agreement.--Administration by the Secretary of the Wekiva River system through the use of cooperative agreements shall not constitute National Park Service administration of the Wekiva River system for purposes of section 10(c) of the Wild and Scenic Rivers Act (10 U.S.C. 1281(c)) and shall not cause the Wekiva River system to be considered as a unit of the National Park System. Publicly owned lands within the boundaries of the Wekiva River system shall continue to be managed by the agency having jurisdiction over the lands, in accordance with the statutory authority and mission of the agency. (c) Compliance Review.--After completion of the comprehensive management plan, the Secretary shall biennially review compliance with the plan and shall promptly report to the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate any deviation from the plan that could result in any diminution of the values for which the Wekiva River system was designated as a component of the National Wild and Scenic Rivers System. (d) Technical Assistance and Other Support.--The Secretary may provide technical assistance, staff support, and funding to assist in the development and implementation of the comprehensive management plan. (e) Future Designation of Seminole Creek.--If the Secretary finds that Seminole Creek in the State of Florida, from its headwaters at Seminole Springs to its confluence with Black Water Creek, is eligible for designation under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), and the owner of the property through which Seminole Creek runs notifies the Secretary of the owner's support for designation, the Secretary may designate that tributary as an additional component of the National Wild and Scenic Rivers System. The Secretary shall publish notice of the designation in the Federal Register, and the designation shall become effective on the date of publication. (f) Limitation on Federal Support.--Nothing in this section shall be construed to authorize funding for land acquisition, facility development, or operations. SEC. 5. WEKIVA RIVER SYSTEM ADVISORY MANAGEMENT COMMITTEE. (a) Establishment.--The Secretary shall establish an advisory committee, to be known as the Wekiva River System Advisory Management Committee, to assist in the development of the comprehensive management plan for the Wekiva River system. (b) Membership.--The Committee shall be composed of a representative of each of the following agencies and organizations: (1) The Department of the Interior, represented by the Director of the National Park Service or the Director's designee. (2) The East Central Florida Regional Planning Council. (3) The Florida Department of Environmental Protection, Division of Recreation and Parks. (4) The Florida Department of Environmental Protection, Wekiva River Aquatic Reserve. (5) The Florida Department of Agriculture and Consumer Services, Division of Forestry, Seminole State Forest. (6) The Florida Audobon Society. (7) The nonprofit organization known as the Friends of the Wekiva. (8) The Lake County Water Authority. (9) The Lake County Planning Department. (10) The Orange County Parks and Recreation Department, Kelly Park. (11) The Seminole County Planning Department. (12) The St. Johns River Water Management District. (13) The Florida Fish and Wildlife Conservation Commission. (14) The City of Altamonte Springs. (15) The City of Longwood. (16) The City of Apopka. (17) The Florida Farm Bureau Federation. (18) The Florida Forestry Association. (c) Additional Members.--Other interested parties may be added to the Committee by request to the Secretary and unanimous consent of the existing members. (d) Appointments.--Representatives and alternates to the Committee shall be appointed as follows: (1) State agency representatives, by the head of the agency. (2) County representatives, by the Board of County Commissioners. (3) Water management district, by the Governing Board. (4) Department of the Interior representative, by the Southeast Regional Director, National Park Service. (5) East Central Florida Regional Planning Council, by Governing Board. (6) Other organizations, by the Southeast Regional Director, National Park Service. (e) Role of Committee.--The Committee shall assist in the development of the comprehensive management plan for the Wekiva River system and provide advice to the Secretary in carrying out the management responsibilities of the Secretary under this Act. The Committee shall have an advisory role only, it will not have regulatory or land acquisition authority. (f) Voting and Committee Procedures.--Each member agency, agency division, or organization referred to in subsection (b) shall have one vote and provide one member and one alternate. Committee decisions and actions will be made with the consent of \\3/4\\ of all voting members. Additional necessary Committee procedures shall be developed as part of the comprehensive management plan. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Passed the Senate July 27, 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 2352 _______________________________________________________________________ AN ACT To amend the Wild and Scenic Rivers Act to designate the Wekiva River and its tributaries of Wekiwa Springs Run, Rock Springs Run, and Black Water Creek in the State of Florida as components of the National Wild and Scenic Rivers System.", "summary": "Directs the Secretary of the Interior to offer to enter into cooperative agreements with Florida and Lake, Orange, and Seminole counties, and appropriate local planning and environmental organizations to provide for the long-term protection, preservation, and enhancement of the Wekiva River system (segments of the Wekiva River, Wekiwa Springs Run, Rock Springs Run, and Black Water Creek designated as NWSRS components under this Act). Declares that the Secretary's administration of the system by the use of such agreements shall not constitute National Park Service administration of the Wekiva river system and shall not cause such system to be considered as a National Park System unit. Requires publicly owned lands within the system's boundaries to continue to be managed by the agency having jurisdiction over the lands, in accordance with the statutory authority and mission of the agency. Provides that: (1) if the Secretary determines that a specified segment of Seminole Creek in Florida is eligible for designation as a NWSRS component and the owner of the property through which Seminole Creek runs notifies the Secretary of his or her support for such designation, the Secretary may designate that tributary as an additional NWSRS component; and (2) nothing in this Act shall be construed to authorize funding for land acquisition, facility development, or operation. Requires the Secretary to establish the Wekiva River System Advisory Management Committee to: (1) assist in the development of the comprehensive management plan to be developed as required by the Act for the Wekiva River system; and (2) provide advice to the Secretary in carrying out management responsibilities under this Act. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Young and Beginning Farmers Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--IMPROVED ACCESS TO LAND Sec. 101. Land trust eligibility for assistance for agricultural land easements. Sec. 102. Priority for option to purchase at agricultural value in agricultural land easements. Sec. 103. Prequalification of prospective applicants for credit from Farm Service Agency programs. Sec. 104. Increase in limitation on amount of direct farm ownership loans; inflation indexation of limit. Sec. 105. Report and action plan on agricultural conservation easement program. TITLE II--IMPROVED ACCESS TO DEPARTMENT OF AGRICULTURE TRAINING AND PROGRAMS Sec. 201. Beginning farmer coordination. Sec. 202. Transfer of Advisory Committee on Beginning Farmers and Ranchers to jurisdiction of Farm Service Agency. Sec. 203. Department of Agriculture on-line customer self-service portal. Sec. 204. Beginning farmer and rancher development program to provide training, education, outreach, and technical assistance initiatives. Sec. 205. Reauthorization of beginning farmer and rancher individual development accounts pilot program. Sec. 206. Sale of surplus farm equipment or property to socially disadvantaged farmers or ranchers, veteran farmers or ranchers, and beginning farmers or ranchers. TITLE III--INVESTMENT IN LOCAL AND REGIONAL FOOD SYSTEMS Sec. 301. Mandatory funding for farmers' market and local food promotion program. Sec. 302. Grants to support farm viability programs. TITLE I--IMPROVED ACCESS TO LAND SEC. 101. LAND TRUST ELIGIBILITY FOR ASSISTANCE FOR AGRICULTURAL LAND EASEMENTS. (a) Land Trusts.--Section 1265B of the Food Security Act of 1985 (16 U.S.C. 3865b) is amended by adding at the end the following: ``(e) Land Trusts.-- ``(1) Eligibility for assistance.--Notwithstanding section 1001D(b), an eligible entity that is a qualified land trust, as determined by the Secretary, may receive assistance under this section. ``(2) Assistance for reservation of easement.--The Secretary may provide assistance to an eligible entity that is a qualified land trust to supplement the sale price of eligible land to a farmer or rancher, who is not ineligible to receive assistance under section 1001D, if the eligible entity that is a qualified land trust reserves for itself an agricultural land easement in the eligible land.''. (b) Conforming Amendment.--Section 1001D(b)(1) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(b)(1)) is amended by striking ``Notwithstanding'' and inserting ``Except as provided in section 1265B(e), notwithstanding''. SEC. 102. PRIORITY FOR OPTION TO PURCHASE AT AGRICULTURAL VALUE IN AGRICULTURAL LAND EASEMENTS. Section 1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(3)) is amended by adding at the end the following: ``(D) Priority.--In evaluating applications under the program, the Secretary shall give priority to an application for the purchase of an agricultural land easement that, as determined by the Secretary-- ``(i) maintains agricultural viability; ``(ii) includes, as a condition of the easement, a requirement that any subsequent purchase of the land subject to the easement shall be at agricultural value; or ``(iii) achieves the objectives of both clauses (i) and (ii).''. SEC. 103. PREQUALIFICATION OF PROSPECTIVE APPLICANTS FOR CREDIT FROM FARM SERVICE AGENCY PROGRAMS. Not later than October 1, 2018, the Secretary of Agriculture shall develop and implement procedures to ensure that the Farm Service Agency is prepared, in advance, to respond to a request by a prospective loan applicant (other than a request for preapproval) for a preliminary determination on-- (1) whether the prospective applicant would likely qualify for credit under any program administered by the Farm Service Agency; or (2) the amount of credit for which the prospective applicant would likely qualify under any such program. SEC. 104. INCREASE IN LIMITATION ON AMOUNT OF DIRECT FARM OWNERSHIP LOANS; INFLATION INDEXATION OF LIMIT. Section 305 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925) is amended to read as follows: ``SEC. 305. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS. ``(a) In General.--The Secretary shall make or insure no loan under section 302, 303, 304, 310D, or 310E of this title that would cause the unpaid indebtedness under such sections of any 1 borrower to exceed the smaller of-- ``(1) the value of the farm or other security; or ``(2)(A) in the case of a loan other than a loan guaranteed by the Secretary, $500,000 (increased, beginning with the fiscal year 2019, by the regional farm real estate inflation percentage applicable to the region where the farm involved is located for the fiscal year in which the loan is made, and decreased by the amount of any unpaid indebtedness of the borrower on direct loans under subtitle B); or ``(B) in the case of a loan guaranteed by the Secretary, $700,000 (increased, beginning with fiscal year 2000, by the cost inflation percentage applicable to the fiscal year in which the loan is guaranteed and reduced by the amount of any unpaid indebtedness of the borrower on loans under subtitle B that are guaranteed by the Secretary). ``(b) Determination of Value.--In determining the value of the farm, the Secretary shall consider appraisals made by competent appraisers under rules established by the Secretary. ``(c) Cost Inflation Percentage.--For purposes of this section, the cost inflation percentage applicable to a fiscal year is the percentage (if any) by which-- ``(1) the average of the Prices Paid By Farmers Index (as compiled by the National Agricultural Statistics Service of the Department of Agriculture) for the 12-month period ending on August 31 of the immediately preceding fiscal year; exceeds ``(2) the average of such index (as so defined) for the 12- month period ending on August 31, 1996. ``(d) Regional Farm Real Estate Inflation Percentage.-- ``(1) In general.--For purposes of this section, the regional farm real estate inflation percentage applicable to a farm for a fiscal year is the percentage (if any) by which-- ``(A) the regional farm real estate inflation index developed under paragraph (2) for the region in which the farm is located, for the 12-month period ending on August 31 of the immediately preceding fiscal year; exceeds ``(B) the average of the index (as so defined) for the 12-month period ending on August 31, 2018. ``(2) Development.--The Secretary shall develop a regional farm real estate inflation index for measuring periodic changes in the price of farm real estate in each geographic region of the United States, using data from the National Agricultural Statistics Service. ``(e) Microloans.-- ``(1) In general.--Subject to paragraph (2), the Secretary may establish a program to make or guarantee microloans. ``(2) Limitations.--The Secretary shall not make or guarantee a microloan under this subsection that would cause the total principal indebtedness outstanding at any 1 time for microloans made under this subtitle to any 1 borrower to exceed $50,000. ``(3) Applications.--To the maximum extent practicable, the Secretary shall limit the administrative burdens and streamline the application and approval process for microloans under this subsection.''. SEC. 105. REPORT AND ACTION PLAN ON AGRICULTURAL CONSERVATION EASEMENT PROGRAM. (a) Sense of Congress.--It is the sense of Congress that the agricultural conservation easement program established under section 1265(a) of the Food Security Act of 1985 (16 U.S.C. 3865(a)) remains a valuable program in assisting beginning farmers and ranchers in acquiring farmland for productive use. (b) Report and Plan Required.--Not later than one year after the date of the enactment of this Act, the Chief of the Natural Resources Conservation Service shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes-- (1) an evaluation of the extent in which the agricultural conservation easement program supports beginning farmers or ranchers in acquiring farmland; and (2) a plan to address any shortcomings identified through the evaluation for the purpose of furthering the goals of the agricultural conservation easement program to protect farmland and help farmers access farmland for productive use. TITLE II--IMPROVED ACCESS TO DEPARTMENT OF AGRICULTURE TRAINING AND PROGRAMS SEC. 201. BEGINNING FARMER COORDINATION. (a) Program Established.--Not later than 1 year after the date of the enactment of this Act, the Secretary, acting through the Administrator of the Farm Service Agency, shall implement a program to assign to each State at least one coordinator to-- (1) promote communication between the Department of Agriculture and beginning farmers or ranchers (as defined in section 206(b)) located in such State; and (2) increase the access of such beginning farmers or ranchers to apprenticeship programs, farm loan programs, and land available for purchase. (b) Use of Current Employees.--The assignment of beginning farmer coordinators in compliance with subsection (a) may be accomplished through the designation of current employees of the Department of Agriculture and does not require the hiring of additional employees. (c) State Defined.--In this section, the term ``State'' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 202. TRANSFER OF ADVISORY COMMITTEE ON BEGINNING FARMERS AND RANCHERS TO JURISDICTION OF FARM SERVICE AGENCY. The Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.) is amended-- (1) in section 226B(e)(2) (7 U.S.C. 6934)-- (A) by striking subparagraph (C); and (B) by redesignating subparagraph (D) as subparagraph (C); and (2) in section 226 (7 U.S.C. 6932), by adding at the end the following new subsection: ``(i) Advisory Committee on Beginning Farmers and Ranchers.--The Secretary of Agriculture shall coordinate the activities of the Farm Service Agency with the Advisory Committee on Beginning Farmers and Ranchers established under section 5(b) of the Agricultural Credit Improvement Act of 1992 (7 U.S.C. 1929 note; Public Law 102-554).''. SEC. 203. DEPARTMENT OF AGRICULTURE ON-LINE CUSTOMER SELF-SERVICE PORTAL. (a) Customer Self-Service Portal.--The Secretary of Agriculture shall develop an on-line customer self-service portal through which farmers and ranchers will be able to securely access their customer and program information and complete program applications in a wide range of agricultural programs offered by the Department of Agriculture. (b) Sense of Congress.--It is the sense of Congress that the development of an on-line customer self-service portal, as required by subsection (a), should not negatively impact the many farmers and ranchers who do not yet have access to high-speed internet or who would prefer not to utilize the online self-service portal. (c) Authorization of Appropriations.--For the three-fiscal year period beginning on October 1, 2018, there are authorized to be appropriated to the Secretary of Agriculture to carry out subsection (a)-- (1) not less than $6,000,000; and (2) such additional amounts as are considered appropriate. SEC. 204. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM TO PROVIDE TRAINING, EDUCATION, OUTREACH, AND TECHNICAL ASSISTANCE INITIATIVES. Section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f) is amended by striking subsection (h) and inserting the following new subsections: ``(h) Individual Development Accounts.-- ``(1) Transfer of funds authorized.--Of the funds made available under subsection (i), the Secretary may transfer up to $10,000,000 per year, plus allocable administrative costs, for individual development accounts as authorized under section 333B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b). ``(2) Administrative costs.--The Secretary may not use more than 4 percent of the funds transferred under this subsection for administrative costs incurred in implementing the individual development accounts authorized under section 333B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b). ``(i) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section-- ``(A) $20,000,000 for fiscal year 2018; ``(B) $30,000,000 for each of fiscal years 2019 and 2020; ``(C) $40,000,000 for each of fiscal years 2021 and 2022; and ``(D) $50,000,000 for fiscal year 2023 and each fiscal year thereafter. ``(2) Authorization of appropriations.--In addition to funds provided under paragraph (1), there is authorized to be appropriated to carry out this section $30,000,000 for fiscal year 2018 and each fiscal year thereafter. ``(3) Availability.--Amounts made available under this subsection shall remain available until expended.''. SEC. 205. REAUTHORIZATION OF BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT ACCOUNTS PILOT PROGRAM. Subsection (h) of section 333B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b) is amended to read as follows: ``(h) Authorization of Appropriations.--In addition to any amounts provided under section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f), there is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2018 through 2023.''. SEC. 206. SALE OF SURPLUS FARM EQUIPMENT OR PROPERTY TO SOCIALLY DISADVANTAGED FARMERS OR RANCHERS, VETERAN FARMERS OR RANCHERS, AND BEGINNING FARMERS OR RANCHERS. (a) Sale Authorized.--The Administrator of General Services, under regulations prescribed by the Administrator, may sell to a socially disadvantaged farmer or rancher, veteran farmer or rancher, or beginning farmer or rancher any farm equipment acquired by the General Services Administration that-- (1) is suitable for use in farming operations; and (2) has been determined to be surplus property under chapter 5 of title 40, United States Code. (b) Definitions.--In this section: (1) Beginning farmer or rancher.--The term ``beginning farmer or rancher'' means an individual or entity that has not operated a farm or ranch or that has operated a farm or ranch for not more than 10 consecutive years and that will materially and substantially participate in the operation of the farm or ranch. In the case of an entity, these requirements apply to all members of the entity. (2) Food, agriculture, conservation, and trade act of 1990 terms.--The terms ``socially disadvantaged farmer or rancher'' and ``veteran farmer or rancher'' have the meanings given those terms in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)). TITLE III--INVESTMENT IN LOCAL AND REGIONAL FOOD SYSTEMS SEC. 301. MANDATORY FUNDING FOR FARMERS' MARKET AND LOCAL FOOD PROMOTION PROGRAM. Section 6(g)(1) of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005(g)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) in subparagraph (D), by striking ``2018.'' and inserting ``2017; and''; and (3) by adding at the end the following new subparagraph: ``(E) $50,000,000 for each of fiscal years 2018 through 2023.''. SEC. 302. GRANTS TO SUPPORT FARM VIABILITY PROGRAMS. (a) Grants Authorized.--The Secretary of Agriculture may make competitive grants to support a farm viability program developed by a public or private entity that is designed-- (1) to improve the economic viability and integrity of farms participating in the program through the development and implementation of a farm viability plans; and (2) to provide participating farmers with technical, legal, marketing, and business planning assistance to expand, upgrade, and modernize their agricultural operations and assist in land access and transfer. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture to make grants under this section $5,000,000 for each of fiscal years 2018 through 2023.", "summary": "Young and Beginning Farmers Act This bill amends various agricultural laws to modify and establish programs to assist beginning farmers. The bill makes land trusts eligible for certain assistance under the Department of Agriculture (USDA) Agricultural Conservation Easement Program. In administering the program, USDA must prioritize an application for purchasing an easement that maintains agricultural viability, requires subsequent purchases to be at agricultural value, or both. The bill modifies several agricultural programs to: require the Farm Service Agency (FSA) to prequalify loan applicants, increase and index for inflation the limits on the amounts of USDA farm ownership loans, transfer jurisdiction of the Advisory Committee on Beginning Farmers and Ranchers to the FSA, establish an online customer self-service portal, reauthorize the Beginning Farmer and Rancher Development Program with increased mandatory funding and allow specified funds to be transferred for individual development accounts, reauthorize the Beginning Farmer and Rancher Individual Development Accounts Pilot Program, reauthorize the Farmers Market and Local Food Promotion Program with increased mandatory funding, and authorize grants for farm viability programs. The FSA must assign state coordinators to promote communication with beginning farmers or ranchers and increase their access to USDA programs. The General Services Administration may sell surplus farm equipment or property to socially disadvantaged, veteran, or beginning farmers and ranchers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Promotion Authority Extension and Enhancement Act of 2007''. SEC. 2. EXTENSION OF TRADE PROMOTION AUTHORITY. Section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803) is amended-- (1) in subsection (a)(1)(A)-- (A) in clause (i), by striking ``2005'' and inserting ``2011''; and (B) by amending clause (ii) to read as follows: ``(ii) July 1, 2016, and July 1 of each fifth calendar year thereafter, subject to subsection (c).''; (2) in subsection (b)(1)(C)-- (A) in clause (i), by striking ``2005'' and inserting ``2011''; and (B) by amending clause (ii) to read as follows: ``(ii) July 1, 2016, and July 1 of each fifth calendar year thereafter, subject to subsection (c).''; and (3) in subsection (c)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``2005'' and inserting ``2011''; and (ii) by amending subparagraph (B) to read as follows: ``(B) the trade authorities procedures shall be extended to implementing bills submitted with respect to trade agreements entered into under subsection (b) during the 5-year period beginning on July 1, 2011, and during each 5-year period thereafter, unless the Congress adopts an extension disapproval resolution under paragraph (5) after April 1, and before July 1, of the year in which any such 5-year period begins. If an extension disapproval resolution is adopted during the period specified in subparagraph (B), then trade authorities procedures shall not be extended with respect to trade agreements entered into during any 5-year period described in subsection (b) that begins on or after the date on which the resolution is adopted.''; (B) in paragraph (2)-- (i) by striking ``If the President'' and all that follows through ``extension,'' and inserting ``The President shall submit to the Congress, not later than April 1, 2011, and not later than April 1 of each fifth year thereafter, a written report with respect to the extension of trade authorities procedures during the 5-year period beginning on July 1 of the year in which the report is submitted,'' ; and (ii) by adding at the end the following flush sentence: ``No report under this paragraph is required after a disapproval resolution is adopted under paragraph (5).''; (C) by amending paragraph (3) to read as follows: ``(3) Other reports to congress.-- ``(A) Report by the advisory committee.--the Advisory Committee for Trade Policy and Negotiations established under section 135 of the trade Act of 1974 shall, not later than June 1, 2011, and not later than June 1 of each fifth year thereafter, a written report that contains-- ``(i) its views regarding the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this title; and ``(ii) a statement of its views, and the reasons therefor, regarding whether the trade authorities procedures should be extended for the succeeding 5-year period under paragraph (1). ``(B) Report by itc.--The International Trade Commission shall submit to the Congress, not later than June 1, 2011, and not later than June 1 of each fifth year thereafter, a written report that contains a review and analysis of the economic impact on the United States of all trade agreements implemented on or after July 1 of the fifth preceding calendar year. ``(C) Termination of reporting requirement.--No report under subparagraph (A) or (B) is required after a disapproval resolution is adopted under paragraph (5).''; and (D) in paragraph (5)-- (i) by striking ``(5)'' and all that follows through the end of subparagraph (A) and inserting the following: ``(5) Extension disapproval resolutions.--(A) For purposes of paragraph (1), the term `extension disapproval resolution' means a concurrent resolution of Congress, the sole matter after the resolving clause of which is as follows: `That the Congress disapproves the extension of trade authorities procedures under the Bipartisan Trade Promotion Authority Act of 2002 to any implementing bill submitted with respect to any trade agreement entered into under section 2103(b) of that Act on or after July 1, ___.', with the blank space being filled with the year that begins the applicable 5-year period described in paragraph (1)(B).''; and (ii) in subparagraph (D)(iii), by striking ``after June 30, 2005'' and inserting ``during the period beginning on July 1 of a year that begins a 5-year period described in paragraph (1)(B) and ending on April 1 of the last year of that 5-year period''.", "summary": "Trade Promotion Authority Extension and Enhancement Act of 2007 - Amends the Bipartisan Trade Promotion Authority Act of 2002 to extend the President's authority until July 1, 2011 (or until July 1, 2016, and July 1 of each fifth year thereafter if the President extends such authority and the Congress approves) to enter into trade agreements with foreign countries whose tariff and nontariff policies unduly burden or restrict U.S. trade or adversely affects the U.S. economy. Extends trade authorities procedures (congressional approval) to bills implementing trade agreements entered into during the five-year period beginning on July 1, 2011, and during each five-year period thereafter, unless Congress disapproves after April 1, and before July 1, of the year in which any such five-year period begins."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Farmer Bankruptcy Clarification Act of 2017''. SEC. 2. CLARIFICATION OF RULE ALLOWING DISCHARGE TO GOVERNMENTAL CLAIMS ARISING FROM THE DISPOSITION OF FARM ASSETS UNDER CHAPTER 12 BANKRUPTCIES. (a) In General.--Subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 1232. Claim by a governmental unit based on the disposition of property used in a farming operation ``(a) Any unsecured claim of a governmental unit against the debtor or the estate that arises before the filing of the petition, or that arises after the filing of the petition and before the debtor's discharge under section 1228, as a result of the sale, transfer, exchange, or other disposition of any property used in the debtor's farming operation-- ``(1) shall be treated as an unsecured claim arising before the date on which the petition is filed; ``(2) shall not be entitled to priority under section 507; ``(3) shall be provided for under a plan; and ``(4) shall be discharged in accordance with section 1228. ``(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and 1229(b)(1) to a claim described in subsection (a) of this section, the amount that would be paid on such claim if the estate of the debtor were liquidated in a case under chapter 7 of this title shall be the amount that would be paid by the estate in a chapter 7 case if the claim were an unsecured claim arising before the date on which the petition was filed and were not entitled to priority under section 507. ``(c) For purposes of applying sections 523(a), 1228(a)(2), and 1228(c)(2) to a claim described in subsection (a) of this section, the claim shall not be treated as a claim of a kind specified in section 523(a)(1). ``(d)(1) A governmental unit may file a proof of claim for a claim described in subsection (a) that arises after the date on which the petition is filed. ``(2) If a debtor files a tax return after the filing of the petition for a period in which a claim described in subsection (a) arises, and the claim relates to the tax return, the debtor shall serve notice of the claim on the governmental unit charged with the responsibility for the collection of the tax at the address and in the manner designated in section 505(b)(1). Notice under this paragraph shall state that the debtor has filed a petition under this chapter, state the name and location of the court in which the case under this chapter is pending, state the amount of the claim, and include a copy of the filed tax return and documentation supporting the calculation of the claim. ``(3) If notice of a claim has been served on the governmental unit in accordance with paragraph (2), the governmental unit may file a proof of claim not later than 180 days after the date on which such notice was served. If the governmental unit has not filed a timely proof of the claim, the debtor or trustee may file proof of the claim that is consistent with the notice served under paragraph (2). If a proof of claim is filed by the debtor or trustee under this paragraph, the governmental unit may not amend the proof of claim. ``(4) A claim filed under this subsection shall be determined and shall be allowed under subsection (a), (b), or (c) of section 502, or disallowed under subsection (d) or (e) of section 502, in the same manner as if the claim had arisen immediately before the date of the filing of the petition.''. (b) Technical and Conforming Amendments.-- (1) In general.--Subchapter II of chapter 12 of title 11, United States Code, is amended-- (A) in section 1222(a)-- (i) in paragraph (2), by striking ``unless--'' and all that follows through ``the holder'' and inserting ``unless the holder''; (ii) in paragraph (3), by striking ``and'' at the end; (iii) in paragraph (4), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(5) subject to section 1232, provide for the treatment of any claim by a governmental unit of a kind described in section 1232(a).''; (B) in section 1228-- (i) in subsection (a)-- (I) in the matter preceding paragraph (1)-- (aa) by inserting a comma after ``all debts provided for by the plan''; and (bb) by inserting a comma after ``allowed under section 503 of this title''; and (II) in paragraph (2), by striking ``the kind'' and all that follows and inserting ``a kind specified in section 523(a) of this title, except as provided in section 1232(c).''; and (ii) in subsection (c)(2), by inserting ``, except as provided in section 1232(c)'' before the period at the end; and (C) in section 1229(a)-- (i) in paragraph (2), by striking ``or'' at the end; (ii) in paragraph (3), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(4) provide for the payment of a claim described in section 1232(a) that arose after the date on which the petition was filed.''. (2) Table of sections.--The table of sections for subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following: ``1232. Claim by a governmental unit based on the disposition of property used in a farming operation.''. (c) Effective Date.--The amendments made by this section shall apply to any bankruptcy case that-- (1) is pending on the date of enactment of this Act and relating to which an order of discharge under section 1228 of title 11, United States Code, has not been entered; or (2) commences on or after the date of enactment of this Act.", "summary": "Family Farmer Bankruptcy Clarification Act of 2017 This bill amends the federal bankruptcy code to include an unsecured claim by a governmental unit (e.g., a tax claim by the Internal Revenue Service) resulting from the sale, transfer, exchange, or disposition of farming property in chapter 12 bankruptcy (family farmer or fisherman reorganization) proceedings. Such a claim that arises before a debtor's discharge, regardless of whether the claim is pre-petition or post-petition, must be treated as a pre-petition claim, is not entitled to priority status, must be provided for under the bankruptcy plan, and is dischargeable."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclamation Rural and Small Community Water Enhancement Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Federal reclamation laws.--The term ``Federal reclamation laws'' means the Reclamation Act and Acts amendatory thereof and supplementary thereto; (2) Regional rural water supply system.--The term ``regional rural water supply system'' means a water supply system that serves multiple towns or communities in a rural area (including Indian reservations) where such towns or communities have a population not exceeding 40,000 persons. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. GENERAL AUTHORITY. (a) In General.--The Secretary, acting pursuant to the Federal reclamation laws, is directed to undertake a program to investigate and identify opportunities to ensure safe and adequate regional rural water supply systems for municipal and industrial use in small communities and rural areas through the construction of new regional rural water supply systems and the enhancement of existing rural water supply systems. (b) Exception.-- (1) In conducting the investigations and studies authorized by this Act, the Secretary may include a town or community with a population in excess of 40,000 persons if, in the Secretary's discretion, such town or community is considered to be a critical partner in the proposed regional rural water supply system. (2) In conducting a feasibility study of a regional rural water supply system that includes a community with a population in excess of 40,000 persons, the Secretary may consider a non- federal cost share in excess of the percentage set forth in sections 6(a) and 6(b)(5). (c) Limitation.--Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388), as amended, and Indian reservation lands within the external boundaries of such States and areas. (d) Agreements.--The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of this Act. SEC. 4. COORDINATION AND PLANNING. (a) Coordination.-- (1) Consultation.--In undertaking this program, the Secretary shall consult and coordinate with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Director of the Indian Health Service, in order to develop criteria to ensure that the program does not duplicate, but instead complements, activities undertaken pursuant to the authorities administered by such agency heads. (2) Report on authorities.--Within one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives, a report setting forth the results of the consultation required in paragraph (1) and criteria developed pursuant to such consultation. (b) Report and Action on Authorized Projects.-- (1) Within one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report setting forth-- (A) the status of all rural water projects within the jurisdiction of the Secretary authorized prior to the date of enactment of this Act; and (B) the Secretary's plan, including projected financial and workforce requirements, for the completion of the rural water projects within the time frames set forth in the public laws authorizing the projects or the final engineering reports submitted pursuant thereto. (2) The Secretary shall take all necessary steps to complete the projects within the time frames identified in subsection (1)(B). SEC. 5. APPRAISAL INVESTIGATIONS. (a) Appraisal Investigations.--Based on evidence of local interest and upon the request of a local sponsor, the Secretary may undertake appraisal investigations to identify opportunities for the construction of regional rural water supply systems and the enhancement of existing rural water supply systems for small communities and rural areas. Each such investigation shall include recommendations as to the preparation of a feasibility study of the potential system or system enhancement. (b) Considerations.--Appraisal investigations undertaken pursuant to this Act shall consider, among other things-- (1) whether an established water supply exists for the proposed regional rural water supply system; (2) the need for the regional rural water supply system or for enhancements to an existing rural water system, including but not limited to, alternative water supply opportunities and projected demand for water supply; (3) environmental considerations relating to the regional rural water supply system or rural water system enhancement; (4) public health and safety considerations relating to the regional rural water supply system or rural water system enhancement; (5) Indian trust responsibility considerations relating to the regional rural water supply system or rural water system enhancement; and (6) the availability of other Federal authorities or programs to address the water supply needs identified. (c) Consultation and Cooperation.--The Secretary shall consult and cooperate with appropriate Federal, state, tribal, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to this Act. (d) Costs Nonreimbursable.--The costs of such appraisal investigations shall be nonreimbursable. (e) Public Availability.--The Secretary shall make available to the public, upon request, the results of each appraisal investigation undertaken pursuant to this Act, and shall promptly publish in the Federal Register a notice of the availability of those results. SEC. 6. FEASIBILITY STUDIES. (a) Feasibility Studies.--The Secretary is authorized to participate with appropriate Federal, state, tribal, regional, and local authorities in studies to determine the feasibility of regional rural water supply systems and rural water supply system enhancements where an appraisal investigation so warrants. The Federal share of the costs of such feasibility studies shall not exceed 50 percent of the total, except that the Secretary may increase the Federal share of the costs of such feasibility study if the Secretary determines, based upon a demonstration of financial hardship, that the non-Federal participant is unable to contribute at least 50 percent of the costs of such study. The Secretary may accept as part of the non-Federal cost share the contribution of such in-kind services by the non-Federal participant that the Secretary determines will contribute substantially toward the conduct and completion of the study. (b) Considerations.--In addition to the requirements of other Federal laws, feasibility studies authorized under this Act shall consider, among other things-- (1) whether an established water supply exists for the proposed regional rural water supply system; (2) near- and long-term water demand and supplies in the study area including any opportunities to treat and utilize impaired water supplies through innovative and economically viable treatment technologies; (3) public health and safety and environmental quality issues related to the regional rural water supply system or rural water system enhancement; (4) opportunities for water conservation in the study area to reduce water use and water system costs; (5) the construction costs and projected operation and maintenance costs of the proposed regional rural water supply system and an assessment of participating communities' ability to pay 20 percent to 50 percent of the construction costs and the full share of the system operation and maintenance costs; (6) opportunities for mitigation of fish and wildlife losses incurred as a result of the construction of the regional rural water supply system or rural water system enhancement on an acre-for-acre basis, based on ecological equivalency, concurrent with system construction; and (7) the extent to which assistance for rural water supply is available pursuant to other Federal authorities and the likely effectiveness of efforts to coordinate assistance provided by the Secretary with other available Federal programs and assistance. (c) Use of Other Reports.--In conducting a feasibility study pursuant to this section, or an appraisal investigation under section 5, the Secretary shall, to the maximum extent practicable, utilize, in whole or in part, any engineering or other relevant report submitted by a state, tribal, regional, or local authority associated with the proposed regional rural water supply system. (d) Public Availability.--The Secretary shall make available to the public, upon request, the results of each feasibility study undertaken pursuant to this Act, and shall promptly publish in the Federal Register a notice of the availability of those results. (e) Disclaimer.--Nothing contained in this section shall be interpreted as requiring a feasibility study or imposing any other new requirement for rural water projects or programs that are already authorized. SEC. 7. AUTHORIZATION. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.", "summary": "Reclamation Rural and Small Community Water Enhancement Act - Directs the Secretary of the Interior to undertake a program to investigate and identify opportunities for ensuring safe and adequate regional rural water supply systems (serving areas with populations not exceeding 40,000, with exceptions) for use in small communities and rural areas through the construction of new regional systems and the enhancement of existing ruralsystems. Limits participation in such program to the States and areas (and Indian reservation lands within such States and areas) referred to in the Reclamation Act of 1902. Requires the Secretary to: (1) submit to specified congressional committees a report setting forth the status of all rural water projects within the Secretary's jurisdiction authorized prior to enactment of this Act and the Secretary 's plan for completing such projects within their respective time frames; and (2) take steps to complete such projects within such time frames. Authorizes the Secretary to undertake appraisal investigations to identify opportunities for the construction of new systems and enhancement of existing systems for small communities and rural areas; and (2) participate with appropriate Federal, State, tribal, regional, and local authorities in studies to determine the feasibility of such projects where such an investigation so warrants."}
{"article": "SECTION 1. ENTRIES OF CERTAIN HIGH-DENSITY, FIBERBOARD-CORE LAMINATE PANELS ENTERED IN JUNE 2004 THROUGH OCTOBER 2004. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate the entries described in subsection (d) at a rate of duty of 1.9 cents per kilogram plus 1.5 percent ad valorem. (b) Request.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request is filed with the Bureau of Customs and Border Protection not later than 90 days after the date of the enactment of this Act. (c) Refund of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry described in subsection (d) (including interest from the date of entry) shall be refunded not later than 90 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a) are as follows: Entry number Date of entry EF4-0054953-3........................ 06/11/04 EF4-0054958-2........................ 06/18/04 EF4-0054987-1........................ 06/24/04 EF4-0054989-7........................ 06/19/04 EF4-0054990-5........................ 06/24/04 EF4-0054991-3........................ 06/24/04 EF4-0054992-1........................ 06/24/04 EF4-0054993-9........................ 06/24/04 EF4-0054994-7........................ 06/26/04 EF4-0054995-4........................ 06/26/04 EF4-0055060-6........................ 06/25/04 EF4-0055070-5........................ 06/24/04 EF4-0055073-9........................ 06/21/04 EF4-0055090-3........................ 06/19/04 EF4-0055120-8........................ 07/01/04 EF4-0055125-7........................ 06/27/04 EF4-0055127-3........................ 07/03/04 EF4-0055128-1........................ 07/03/04 EF4-0055129-9........................ 06/29/04 EF4-0055130-7........................ 07/03/04 EF4-0055131-5........................ 07/03/04 EF4-0055132-3........................ 07/03/04 EF4-0055166-1........................ 07/09/04 EF4-0055177-8........................ 07/09/04 EF4-0055182-8........................ 07/10/04 EF4-0055200-8........................ 07/04/04 EF4-0055224-8........................ 07/05/04 EF4-0055227-1........................ 07/09/04 EF4-0055232-1........................ 07/09/04 EF4-0055234-7........................ 07/08/04 EF4-0055242-0........................ 07/17/04 EF4-0055263-6........................ 07/17/04 EF4-0055283-4........................ 07/12/04 EF4-0055299-0........................ 07/17/04 EF4-0055304-8........................ 07/09/04 EF4-0055313-9........................ 07/19/04 EF4-0055314-7........................ 07/23/04 EF4-0055315-4........................ 07/23/04 EF4-0055316-2........................ 07/23/04 EF4-0055318-8........................ 07/23/04 EF4-0055319-6........................ 07/23/04 EF4-0055336-0........................ 07/16/04 EF4-0055340-2........................ 07/22/04 EF4-0055385-7........................ 07/19/04 EF4-0055398-0........................ 07/30/04 EF4-0055401-2........................ 07/30/04 EF4-0055402-0........................ 07/30/04 EF4-0055403-8........................ 07/30/04 EF4-0055420-2........................ 07/22/04 EF4-0055421-0........................ 07/22/04 EF4-0055426-9........................ 07/22/04 EF4-0055430-1........................ 07/24/04 EF4-0055444-2........................ 07/25/04 EF4-0055486-3........................ 07/31/04 EF4-0055505-0........................ 07/29/04 EF4-0055506-8........................ 07/29/04 EF4-0055517-5........................ 08/08/04 EF4-0055522-5........................ 08/07/04 EF4-0055583-7........................ 08/13/04 EF4-0055584-5........................ 08/13/04 EF4-0055585-2........................ 08/24/04 EF4-0055598-5........................ 08/05/04 EF4-0055609-0........................ 08/14/04 EF4-0055635-5........................ 08/06/04 EF4-0055642-1........................ 08/12/04 EF4-0055647-0........................ 08/07/04 EF4-0055663-7........................ 08/15/04 EF4-0055676-9........................ 09/05/04 EF4-0055770-0........................ 08/11/04 EF4-0055771-8........................ 08/11/04 EF4-0055812-0........................ 08/19/04 EF4-0055818-7........................ 08/29/04 EF4-0055819-5........................ 08/27/04 EF4-0055831-0........................ 09/03/04 EF4-0055832-8........................ 09/03/04 EF4-0055834-4........................ 08/28/04 EF4-0055835-1........................ 08/14/04 EF4-0055836-9........................ 08/14/04 EF4-0055899-7........................ 09/06/04 EF4-0055900-3........................ 09/06/04 EF4-0055917-7........................ 09/02/04 EF4-0055960-7........................ 09/13/04 EF4-0055961-5........................ 09/10/04 EF4-0055962-3........................ 09/10/04 EF4-0055963-1........................ 09/11/04 EF4-0055965-6........................ 09/11/04 EF4-0055967-2........................ 09/11/04 EF4-0056074-6........................ 09/24/04 EF4-0056078-7........................ 09/16/04 EF4-0056079-5........................ 09/16/04 EF4-0056080-3........................ 09/16/04 EF4-0056108-2........................ 09/15/04 EF4-0056109-0........................ 08/26/04 EF4-0056123-1........................ 09/25/04 EF4-0056171-0........................ 09/10/04 EF4-0056197-5........................ 10/02/04 EF4-0056291-6........................ 09/29/04 EF4-0056303-9........................ 10/08/04 EF4-0056304-7........................ 10/04/04 EF4-0056354-2........................ 10/07/04 EF4-0056355-9........................ 10/09/04 EF4-0056356-7........................ 10/09/04 EF4-0056357-5........................ 10/09/04 EF4-0056359-1........................ 10/07/04 EF4-0056426-8........................ 10/16/04", "summary": "Directs the Bureau of Customs and Border Protection to liquidate or reliquidate certain entries relating to high-density, fiberboard-core laminate panels and refund any amounts owed."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Smoking Prevention, Health, and Learning Trust Fund Act of 1999''. SEC. 2. AUTHORITY TO WAIVE RECOUPMENT UNDER THE MEDICAID PROGRAM OF TOBACCO-RELATED FUNDS. (a) In General.--Section 1903(d)(3) of the Social Security Act (42 U.S.C. 1396b(d)(3)) is amended-- (1) by inserting ``(A)'' before ``The''; and (2) by adding at the end the following: ``(B) Subparagraph (A) and paragraph (2)(B) shall not apply to any amount recovered or paid to a State as part of the comprehensive settlement of November 1998 between manufacturers of tobacco products (as defined in section 5702(d) of the Internal Revenue Code of 1986) and States, or as part of any individual State settlement or judgment reached in litigation initiated or pursued by a State against one or more such manufacturers, if the Secretary finds that the following conditions are met: ``(i) Subject to subparagraph (C), with respect to any fiscal year, the State demonstrates, through a plan submitted to, and approved by, the Secretary, that 50 percent of amounts so recovered or paid (in this subparagraph referred to as the `Federal share') during the fiscal year shall be expended consistent with the following: ``(I) At least 35 percent of the Federal share shall be expended on one or more of the tobacco use prevention programs described in subparagraph (D). ``(II) Subject to subparagraph (F), the remainder of the Federal share (determined after the application of subclause (I)) shall be expended on one or more of the health care and early learning programs described in subparagraph (E). ``(ii) With respect to any fiscal year-- ``(I) the level of funds expended by the State (determined without regard to any portion of the Federal share expended by the State) for any program on which a portion of the Federal share is to be expended is not less than the level of funds expended by the State during the most recent State fiscal year ending before the date on which the State first recovered or received any funds pursuant to a settlement or judgment described in this subparagraph; and ``(II) an amount equal to the Federal share is used to supplement and not supplant the level of funds expended by the State for any such program during such State fiscal year. ``(iii) The State files with the Secretary an annual report that, with respect to a fiscal year-- ``(I) details how the Federal share of the amounts so recovered or paid has been spent consistent with clause (i); and ``(II) identifies, with respect to each program funded in accordance with clause (i) (and, if applicable, subparagraph (F))-- ``(aa) the amount of additional expenditures made for each such program; ``(bb) the number of additional individuals participating in the program and the nature of the services provided; and ``(cc) such other information as the Secretary determines is necessary. ``(C) If any State can demonstrate to the Secretary that the Federal share of the total amount expended by the State under this title to treat tobacco-induced illnesses is less than 50 percent of the total amount recovered or paid to the State as a result of a settlement or judgment described in subparagraph (B), clause (i) of that subparagraph shall be applied by substituting for `50 percent' the percentage so demonstrated by the State. ``(D) For purposes of subparagraph (B)(i)(I), tobacco use prevention programs described in this subparagraph are the following: ``(i) Counter-advertising programs to discourage tobacco use. ``(ii) Smoking cessation programs. ``(iii) School-based tobacco use prevention programs. ``(iv) Community-based tobacco use prevention programs. ``(v) Programs to enforce prohibitions on the sale of tobacco products to youth. ``(vi) Other State-initiated programs to deter tobacco use and assist individuals suffering from nicotine addiction or smoking-induced disease. ``(E) For purposes of subparagraph (B)(i)(II), health care and early learning programs described in this subparagraph are the following: ``(i) Community health centers that receive funds under section 330 of the Public Health Service Act (42 U.S.C. 254b). ``(ii) Prescription drug assistance programs to help senior citizens pay for pharmaceuticals. ``(iii) The State Children's Health Insurance Program established under title XXI. ``(iv) Maternal and child health services provided under title V. ``(v) The Child Care and Development Block Grant Act of 1990 (42 U.S.C. (42 U.S.C. 9858 et seq.). ``(vi) The Safe and Drug-Free Schools and Communities Program under title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.). ``(vii) State-initiated programs approved by the Secretary to-- ``(I) make health insurance available to the uninsured; ``(II) provide health services to the underserved or uninsured; ``(III) reduce public health risks; or ``(IV) support medical research and expand access to clinical trials for individuals with serious illnesses. ``(viii) State-initiated programs approved by the Secretary to-- ``(I) award grants to communities for the creation, improvement, and expansion of early childhood education opportunities; or ``(II) serve the educational and developmental needs of children 5 years of age or younger. ``(F) In the case of any State that is a tobacco-growing State, the State may use up to 25 percent of the remainder of the Federal share (determined after the application of subparagraph (B)(i)(I)) for programs to assist tobacco farmers and tobacco workers who have sustained an adverse financial impact as a direct result of a settlement or judgment described in subparagraph (B). ``(G) Amounts provided to a State under any provision of law referred to in subparagraph (D) or (E) shall not be reduced solely as a result of the availability of funds recovered or received pursuant to a settlement or judgment described in subparagraph (B). ``(H) If the Secretary determines that amounts described in subparagraph (B)(i) are not being spent in accordance with subparagraphs (D), (E), and, as applicable, (C) and (F), or that a State has failed to comply with the requirements of clauses (ii) and (iii) of subparagraph (B), subparagraph (A) and paragraph (2)(B) shall apply to such amounts and the Secretary shall take appropriate action to offset such amounts from the amounts otherwise paid to the State under this title.''. (b) Prohibition on Payment for Administrative Expenses Incurred in Pursuing Tobacco Litigation.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (1) in paragraph (18), by striking the period and inserting ``; or''; and (2) by inserting after paragraph (18) the following: ``(19) with respect to any amount expended on administrative costs to initiate or pursue litigation against one or more manufacturers of tobacco products (as defined in section 5702(d) of the Internal Revenue Code of 1986).''. (c) Effective Date.--The amendments made by this section apply to amounts recovered or paid to a State before, on, or after the date of enactment of this Act.", "summary": "Provides that: (1) if the Secretary determines that recovered amounts are not being spent accordingly the Secretary shall take appropriate action to offset such amounts from the amounts otherwise paid to the State under Medicaid; and (2) payment for administrative expenses incurred in pursuing tobacco litigation is prohibited. Makes this Act effective with regard to amounts recovered or paid to a State before, on, or after the enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act'' or the ``COMPASS Act''. SEC. 2. MEDICARE NOTIFICATIONS TO OUTLIER PRESCRIBERS OF OPIOIDS. Section 1860D-4(c)(4) of the Social Security Act (42 U.S.C. 1395w- 104(c)(4)) is amended by adding at the end the following new paragraph: ``(D) Outlier prescriber notification.-- ``(i) Notification.--Beginning not later than two years after the date of the enactment of this subparagraph, the Secretary shall, in the case of a prescriber identified by the Secretary under clause (ii) to be an outlier prescriber of opioids, provide, subject to clause (iv), an annual notification to such prescriber that such prescriber has been so identified and that includes resources on proper prescribing methods and other information specified in accordance with clause (iii). ``(ii) Identification of outlier prescribers of opioids.-- ``(I) In general.--The Secretary shall, subject to subclause (III), using the valid prescriber National Provider Identifiers included pursuant to subparagraph (A) on claims for covered part D drugs for part D eligible individuals enrolled in prescription drug plans under this part or MA-PD plans under part C and based on the threshold established under subclause (II), conduct an analysis to identify prescribers that are outlier opioid prescribers for a period specified by the Secretary. ``(II) Establishment of threshold.--For purposes of subclause (I) and subject to subclause (III), the Secretary shall, after consultation with stakeholders, establish a threshold, based on prescriber specialty and geographic area, for identifying whether a prescriber in a specialty and geographic area is an outlier prescriber of opioids as compared to other prescribers of opioids within such specialty and area. ``(III) Exclusions.--The Secretary may exclude the following individuals and prescribers from the analysis under this clause: ``(aa) Individuals receiving hospice services. ``(bb) Individuals with a cancer diagnosis. ``(cc) Prescribers who are the subject of an investigation by the Centers for Medicare & Medicaid Services or the Office of Inspector General of the Department of Health and Human Services. ``(iii) Contents of notification.--The Secretary shall, based on input from stakeholders, specify the resources and other information to be included in notifications provided under clause (i). ``(iv) Modifications and expansions.-- ``(I) Frequency.--Beginning 5 years after the date of the enactment of this subparagraph, the Secretary may change the frequency of the notifications described in clause (i) based on stakeholder input. ``(II) Expansion to other prescriptions.--The Secretary may expand notifications under this subparagraph to include identifications and notifications with respect to concurrent prescriptions of covered Part D drugs used in combination with opioids that are considered to have adverse side effects when so used in such combination, as determined by the Secretary. ``(v) Opioids defined.--For purposes of this subparagraph, the term `opioids' has such meaning as specified by the Secretary through program instruction or otherwise.''.", "summary": "Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act or the COMPASS Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to identify outlier prescribers of opioids under the Medicare prescription drug benefit and Medicare Advantage prescription drug plans. Specifically, the CMS must: (1) establish an opioid-prescription threshold for determining whether a prescriber is an outlier compared to other prescribers, based on specialty and geographic area; (2) use National Provider Identifiers (unique provider identification numbers currently included on claims for covered drugs) to identify outlier prescribers; and (3) annually notify identified outlier prescribers of their status and provide them with resources on proper prescribing methods. The CMS may also identify and notify outlier prescribers based on co-prescriptions of covered drugs that have adverse effects when used in combination with opioids."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Exposure Reduction Amendments Act of 2012''. SEC. 2. DEFINITIONS. Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; (B) in the first sentence, by striking ``The term'' and inserting the following: ``(A) In general.--The term''; (C) by striking ``Such term includes--'' and inserting the following: ``(B) Inclusions.--The term `abatement' includes-- ''; and (D) by adding at the end the following: ``(C) Exclusions.--The term `abatement' does not include any renovation, remodeling, landscaping, or other activity-- ``(i) the primary purpose of which is to repair, restore, or remodel a structure or dwelling; and ``(ii) that incidentally results in a reduction or elimination of lead-based paint hazards.''; (2) by redesignating paragraphs (4) through (12) and paragraphs (13) through (17) as paragraphs (5) through (13) and paragraphs (15) through (19), respectively; (3) by inserting after paragraph (3) the following: ``(4) Emergency renovation.--The term `emergency renovation' means a renovation, replacement, or repair activity that-- ``(A) was not planned; and ``(B) results from a sudden, unexpected event that, if not immediately attended to-- ``(i) presents a risk to the public health or safety; or ``(ii) threatens to cause significant damage to equipment or property.''; (4) by striking paragraph (10) (as redesignated by paragraph (2)) and inserting the following: ``(10) Lead-based paint.--The term `lead-based paint' means paint or other surface coatings that contain lead-- ``(A) in excess of-- ``(i) 1.0 milligrams per centimeter squared; or ``(ii) 0.5 percent by weight; or ``(B) in the case of paint or other surface coatings on target housing, the lower level established by the Secretary of Housing and Urban Development under section 302(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.).''; (5) by inserting after paragraph (13) (as redesignated by paragraph (2)) the following: ``(14) Post-abatement clearance testing.--The term `post- abatement clearance testing' means a test that-- ``(A) is carried out on the completion of any lead- based paint activity to ensure that-- ``(i) the reduction is complete; and ``(ii) no lead-contaminated dust hazards remain in the dwelling unit or worksite; and ``(B) includes a visual assessment and the collection and analysis of environmental samples from the dwelling or worksite.''; and (6) by adding at the end the following: ``(20) Test kit.--The term `test kit' means a chemical test that has the ability to determine the presence of lead in a paint chip, paint powder, or painted surface at a level that is equal to or in excess of-- ``(A) 1.0 milligrams per centimeter squared; or ``(B) 0.5 percent by weight.''. SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION. Section 402(c) of the Toxic Substances Control Act (15 U.S.C. 2682(c)) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Study of certification.-- ``(A) In general.--Prior to proposing any new regulation applicable to target housing or public or commercial buildings constructed before 1978, the Administrator shall conduct a study of the extent to which persons engaged in various types of renovation and remodeling activities in the target housing or public or commercial buildings constructed before 1978-- ``(i) are exposed to lead in the conduct of those activities; or ``(ii) disturb lead and create a lead-based paint hazard on a regular or occasional basis. ``(B) Completion.--The Administrator shall complete each study under subparagraph (A) and publish the results of that study not later than 1 year prior to proposing any new regulation applicable to a structure or dwelling described in subparagraph (A).''; (2) in paragraph (3)-- (A) in the first sentence, by striking ``Within 4 years'' and inserting the following: ``(A) In general.--Not later than 4 years''; (B) in the second sentence, by striking ``In determining'' and inserting the following: ``(B) Use of study.--In determining''; (C) in the third sentence, by striking ``If the Administrator'' and inserting the following: ``(C) Determination of administrator.--If the Administrator''; and (D) by adding at the end the following: ``(D) Exemption.--An emergency renovation shall be exempt from any regulation promulgated by the Administrator under this paragraph. ``(E) Prohibition on post-abatement clearance requirement.--No regulation promulgated by the Administrator under this paragraph shall require post- abatement clearance testing.''; and (3) by adding at the end the following: ``(4) Target housing owners.-- ``(A) In general.--Not later than 60 days after the date of enactment of this paragraph and subject to subparagraph (B), in promulgating any regulation relating to renovation or remodeling activities in target housing in which the owner resides, the Administrator shall include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with that regulation. ``(B) Restriction.--The Administrator shall only permit an owner of target housing to forgo compliance with a regulation under this paragraph if-- ``(i) no pregnant woman or child under the age of 6 resides in the target housing as of the date on which the renovation or remodeling commences; and ``(ii) the owner submits to the renovation or remodeling contractor written certification that-- ``(I) the renovation or remodeling project is to be carried out at the target housing of the owner; ``(II) no pregnant woman or child under the age of 6 resides in the target housing as of the date on which the renovation or remodeling commences; and ``(III) the owner acknowledges that, in carrying out the project, the renovation or remodeling contractor will be exempt from employing the work practices required by a regulation promulgated under this subsection. ``(C) Limitation of contractor liability.--A contractor that receives written certification described in subparagraph (B)(ii) shall be exempt from liability resulting from any misrepresentation of the owner of the target housing. ``(5) Test kits.-- ``(A) In general.--In making a certification determination under this subsection, the Administrator shall allow contractors to use commercially available lead-based paint test kits that comply with the positive and negative response criteria established by the Administrator. ``(B) Test kit approval.-- ``(i) In general.--The Administrator shall establish a process by which the Administrator shall identify and approve a test kit that-- ``(I) meets the criteria described in subparagraph (A); ``(II) is inexpensively and commercially available; ``(III) does not require special training to use the test kit; and ``(IV) enables users to determine the presence of lead at the job site in accordance with the criteria described in subparagraph (A) without the need for off-site laboratory analysis. ``(ii) Suspension of regulations.-- ``(I) In general.--If the Administrator is unable to determine that 1 or more test kits under clause (i) exists, the Administrator shall suspend the implementation of any applicable regulation under this subsection relating to renovation or remodeling, except for owners described in paragraph (4)(B), until the date on which the Administrator-- ``(aa) identifies and approves 1 or more test kits under clause (i); and ``(bb) publishes in the Federal Register notice of that identification and approval. ``(II) Duration.--The Administrator shall remove the suspension under this clause not earlier than 45 days after the date on which notification of the identification and approval of the test kit is published in the Federal Register in accordance with subclause (I)(bb). ``(III) Applicability.--This clause shall-- ``(aa) only apply to regulations that permit an owner of target housing to authorize a renovation or remodeling contractor to forego compliance with the regulation; and ``(bb) not affect any other regulation issued under this subsection. ``(6) Applicability of certain penalties.--Any regulation promulgated by the Administrator under this section requiring the submission of documentation to the Administrator shall provide-- ``(A) an exemption from penalty for a person who-- ``(i) is submitting the required documentation for the first time; and ``(ii) submits documentation that contains de minimus or typographical errors, as determined by the Administrator; and ``(B) a process by which a person described in subparagraph (A) may resubmit the required documentation. ``(7) Accreditation of recertification courses.--Subsection (a)(2)(D) shall not apply to any certified renovator recertification course that is accredited by the Environmental Protection Agency.''.", "summary": "Lead Exposure Reduction Amendments Act of 2012 - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of \"abatement\" any renovation, remodeling, landscaping, or other activity: (1) the primary purpose of which is to repair, restore, or remodel a structure or dwelling; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards. Removes from the definition of \"lead-based paint\" lead levels that may be established by the Administrator of the Environmental Protection Agency (EPA) for paint or surface coating that are not otherwise specified in such definition. Requires the Administrator to: (1) conduct a lead-based paint certification study prior to proposing any new regulation applicable to target housing or public or commercial buildings constructed before 1978; and (2) complete and publish such study no later than a year prior to proposing any new regulation applicable to such structure or dwelling. Exempts from such regulations emergency renovations that result from a sudden, unexpected event that presents a risk to the public health or safety or threatens to cause significant damage to equipment or property if not attended to immediately. Prohibits such regulation from requiring post-abatement clearance testing. Requires the Administrator, in promulgating regulations relating to renovation or remodeling activities in target housing in which the owner resides, to include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with such regulation if: (1) no pregnant woman or child under the age of six resides in such housing; and (2) the owner certifies that the renovation or remodeling project is to be carried out at the target housing of the owner, that no such woman or child resides in such housing, and that such contractor will be exempt from employing the work practices required by such regulation. Exempts contractors from liability resulting from any misrepresentation of the owner of the target housing. Requires the Administrator to: (1) establish a process by which the Administrator shall identify and approve a commercially available lead-based paint test kit that is inexpensive, does not require special training, and enables users to determine the presence of lead at the job site; and (2) suspend implementation of such regulation relating to renovation and remodeling until the Administrator identifies and approves one or more test kits that meet such criteria."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Coordinating Council Act''. SEC. 2. NATIONAL PUBLIC HEALTH COORDINATING COUNCIL. (a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting in collaboration with the Surgeon General, shall establish a National Public Health Coordinating Council (referred to in this section as the ``Council'') to facilitate and strengthen sustained communication and coordination across Federal agencies and offices regarding public health and to review and make recommendations concerning adequate and needed socio-economic and environmental policies to reduce health disparities and improve the public's health. (b) Composition.--The Council shall be composed of-- (1) the heads of each Federal department or agency (or their designees) that administers a program related to, or affected by, public health policies and projects (including medical and population-based public health programs), including the Secretary, the Surgeon General, the heads of the institutes and agencies within the Department of Health and Human Services, the heads of those Centers for Disease Control and Prevention centers determined appropriate by the Secretary, and the heads of other Federal departments and agencies, including the Department of Agriculture, the Department of Commerce, the Department of Defense, the Department of Education, the Department of Energy, the Environmental Protection Agency, the Department of Housing and Urban Development, the Department of Homeland Security, the Department of the Interior, the Department of Justice, the Department of Labor, and the Department of Transportation; (2) representatives from each of the 10 regional health offices of the Department of Health and Human Services, who shall provide a State, local, and tribal perspective; (3) health advisors or other members of the President's domestic policy and domestic security councils; (4) public health experts who are not employed by the Federal Government, of whom-- (A) two individuals shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate, after consultation with the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate; (B) two individuals shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate, after consultation with the ranking minority member of the Committee on Health, Education, Labor, and Pensions; (C) three individuals shall be appointed by the Speaker of the House of Representatives, after consultation with the Chairman of the Committee on Energy and Commerce of the House of Representatives; and (D) three individuals shall be appointed by the Minority Leader of the House of Representatives, after consultation with the ranking minority member of the Committee on Energy and Commerce of the House of Representatives; and (5) other individuals determined appropriate by the Secretary or the co-chairpersons of the Council. (c) Administrative Provisions.-- (1) Chairperson.--The Surgeon General and the Assistant Secretary for Health shall serve as the co-chairpersons of the Council. (2) Terms.--Members of the Council appointed under subsection (b)(4) shall serve for a term of 2 years and members appointed under subsection (b)(5) shall serve for a term of 3 years, except that the initial terms of the members appointed under subsection (b)(4) shall be staggered. Such members may be reappointed for one or more additional term. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member's term until a successor has taken office. (3) Meetings.--The Council shall meet at the call of the chairperson, but not fewer than 2 times each year. All meetings of the Council shall be public and shall include appropriate time periods for questions and presentations by the public. (4) Subcommittees; establishment and membership.--In carrying out its functions, the Council may establish subcommittees and convene workshops and conferences. Such subcommittees shall be composed of Council members and may hold such meetings as are necessary to enable the subcommittees to carry out their duties. (5) Support.--The Council shall receive necessary and appropriate administrative and other support from the Secretary, including the detailing of Department of Health and Human Services staff. The heads of the Federal entities represented on the Council shall share information, data, resources, and staff as appropriate. (d) Duties.--The Secretary shall determine the duties of the Council, which shall at a minimum include-- (1) reviewing existing Federal health programs and policies, the Federal administration of such programs, and whether such program provide for the availability of equitable public health services across communities; (2) making recommendations for the modification of such Federal programs and policies to improve public health; (3) making recommendations for the funding of such Federal programs at levels that would improve public health; (4) seeking to strengthen the impact of Federal public health efforts by improving interagency collaboration and promoting a dialogue on broad public health issues; (5) making recommendations to improve the efficiency of Federal health programs; (6) providing for the demonstration of Federal health leadership through the activities of the council; (7) improving Federal communication regarding health programs and policies through-- (A) the sharing of health-related information, knowledge, and data and the identification of gaps in comparable data and knowledge needed to improve the public's health; and (B) the facilitation of new health-related partnerships, and enhancing existing networks across Federal agencies; (8) identifying needed technical assistance to State and local public health agencies; and (9) carrying out other activities determined appropriate by the Council to improve public health. (e) Reports.--Not later than 1 year after the date on which the Council is established, and biennially thereafter, the Council shall submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report that contains-- (1) a description of the demonstrated strategic collaboration among Federal entities with respect to health programs and policies; (2) a summary of any evidence of improvements in communication and collaboration between such Federal entities with respect to Federal health programs and policies; (3) a description of any improvements in efficiencies of activities by such Federal entities with respect to such health programs and policies; (4) a description of the impact on public health of any modifications to such Federal programs and policies made as a result of the activities of the Council; (5) a description of progress made in meeting national health objectives and the public health infrastructure required to meet such objectives; and (6) recommendations for policies and programs to reduce health disparities. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary.", "summary": "Public Health Coordinating Council Act - Requires the Secretary of Health and Human Services to establish a National Public Health Coordinating Council to: (1) facilitate and strengthen sustained communication and coordination across federal agencies and offices regarding public health; and (2) review and make recommendations concerning socioeconomic and environmental policies to reduce health disparities and improve the public's health. Requires the Secretary to determine the duties of the Council, which shall include: (1) reviewing existing federal health programs and policies for the availability of equitable public health services across communities; (2) making recommendations for the modification of such federal programs and policies to improve public health; and (3) seeking to strengthen the impact of federal public health efforts by improving interagency collaboration and promoting a dialogue on broad public health issues."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Equity Protection Act of 1993''. SEC. 2. CONSUMER PROTECTIONS FOR HIGH COST MORTGAGES. (a) Definition.--Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding after subsection (z) the following new subsection: ``(aa) The term `high cost mortgage' means a consumer credit transaction, other than a residential mortgage transaction, that is secured by a consumer's principal dwelling and that satisfies at least 1 of the following conditions: ``(1) The annual percentage rate at consummation of the transaction will exceed by more than 10 percentage points the rate of interest on obligations of the United States having a period of maturity of 1 year on the fifteenth day of the month before such consummation. ``(2) All points and fees payable by the consumer at or before closing will exceed the greater of-- ``(A) 8 percent of the amount financed, minus fees and points; or ``(B) $400.''. (b) Material Disclosures.--Section 103(u) of the Truth in Lending Act (15 U.S.C. 1602(u)) is amended-- (1) by striking ``and the due dates'' and inserting ``, the due dates''; and (2) by inserting before the period ``, and the disclosures for high cost mortgages required by section 129(a))''. (c) Definition of Creditor Clarified.--Section 103(f) of the Truth in Lending Act (15 U.S.C. 1602(f)) is amended by adding at the end the following: ``Any person who originates 2 or more high cost mortgages in any 12-month period or any person who originates 1 or more high cost mortgages through a loan broker shall be considered to be a creditor for purposes of section 129.''. (d) Disclosures Required and Certain Terms Prohibited.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 128 the following new section: ``SEC. 129. REQUIREMENTS FOR HIGH COST MORTGAGES. ``(a) Disclosures.--In addition to any other disclosures required under this title, for each high cost mortgage, the creditor shall provide the following written disclosures in clear language and in conspicuous type size and format, segregated from other information as a separate document: ``(1) The following statement: `If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan.'. ``(2) The initial annual percentage rate. ``(3) The consumer's gross monthly cash income, as verified by the creditor, the total initial monthly payment, and the amount of funds that will remain to meet other obligations of the consumer. ``(4) In the case of a variable rate loan, a statement that the annual percentage rate and the interest rate could increase, and the maximum interest rate and payment. ``(5) In the case of a variable rate loan with an initial annual percentage rate that is different than the one which would be applied using the contract index after the initial period, a statement of the period of time the initial rate will be in effect, and the rate or rates that will go into effect after the initial period is over, assuming that current interest rates prevail. ``(6) A statement that the consumer is not required to complete the transaction merely because he or she has received disclosures or signed a loan application. ``(7) A statement as follows: `Under Federal law, this is a high cost mortgage. You may be able to obtain a less expensive loan.'. ``(b) Time of Disclosures.--The disclosures required by this section shall be given no later than 3 business days prior to consummation of the transaction. A creditor may not change the terms of the loan after providing the disclosures required by this section. ``(c) No Prepayment Penalty.-- ``(1) In general.--A high cost mortgage may not contain terms under which a consumer must pay a prepayment penalty for paying all or part of the principal prior to the date on which such principal is due. If the date of maturity of the high cost mortgage is accelerated for any reason, the consumer is entitled to a rebate that complies with paragraph (2). No high cost mortgage shall provide for a default interest rate that is higher than the interest rate provided by the note for a performing loan. ``(2) Rebate computation.--For purposes of this subsection, any method of computing rebates of a finance charge less favorable to the consumer than the actuarial method using simple interest is a prepayment penalty. ``(3) Certain other fees prohibited.--An agreement to refinance a high cost mortgage by the same creditor or an affiliate of the creditor may not require the consumer to pay points, discount fees, or prepaid finance charges on the portion of the loan refinanced. For the purpose of this paragraph, the term `affiliate' has the same meaning as it does in section 2(k) of the Bank Holding Company Act of 1956. ``(d) No Balloon Payments.--A high cost mortgage may not include terms under which the aggregate amount of the regular periodic payments would not fully amortize the outstanding principal balance. ``(e) No Negative Amortization.--A high cost mortgage may not include terms under which the outstanding principal balance will increase over the course of the loan. ``(f) No Prepaid Payments.--A high cost mortgage may not include terms under which more than 2 periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the consumer. ``(g) Unfair, Deceptive, or Evasive Acts Prohibited.--Creditors of contracts governed by this section shall not commit, in the making, servicing, or collecting of a high cost mortgage, any act or practice which is unfair or deceptive, including any of the following: ``(1) Entering into a home equity loan if there is no reasonable probability that the homeowner will be able to make payments according to the terms of the loan. ``(2) Taking advantage of the borrower's infirmities, lack of education or sophistication, or language skills, necessary to understand fully the terms of the transaction. ``(3) Refinancing other loans owed by the homeowner which had not been accelerated by reason of default of the homeowner prior to the application for the home equity loan, unless the new loan is at a lower interest rate or has lower monthly payments. ``(4) Financing a mortgage broker's commission, unless the borrower entered into a separate written contract with the broker prior to the date of application for the home equity loan, which stated the dollar amount of the commission, and which was provided to the borrower prior to the application. ``(5) Taking action or interfering with any other consumer protection laws or regulation designed to protect the homeowner. ``(6) Assisting in the falsification of information on the application for a home equity loan. ``(7) Disbursing to a home improvement contractor more than 80 percent of funds due under a home improvement contract which exceeds $10,000, before the completion of the work due under the home improvement contract, or making any disbursement for a home improvement contract in a form other than an instrument jointly payable to the borrower and the contractor. ``(8)(A) Engaging in any other unfair, deceptive, or unconscionable conduct which creates a likelihood of confusion or misunderstanding. ``(B) Any attempt to evade the provisions of this section by any devise, subterfuge, or pretense whatsoever is deemed to be unfair conduct under this paragraph. ``(h) Right of Rescission.--For the purpose of section 125, any contract with provisions prohibited by this section is deemed to not include material disclosures required under this title. Any provision in a high cost mortgage which violates section 125 shall not be enforceable.''. SEC. 3. STATE AUTHORITY TO REGULATE HIGH RATE MORTGAGE LOANS. The authority of States to establish limitations on the interest, fees, and other terms of a first mortgage which-- (1) is secured by a first lien on residential real property; and (2) is not used to finance the acquisition of that property; is not preempted by section 501 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (12 U.S.C. 1735f-7a) or the Alternative Mortgage Transaction Parity Act of 1982 (12 U.S.C. 3801 et seq.). SEC. 4. CIVIL LIABILITY. (a) Damages.--Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended-- (1) by striking ``and'' at the end of paragraph (2)(B); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by inserting after paragraph (3) the following new paragraph: ``(4) in case of a failure to comply with any requirement under section 129, all finance charges and fees.''. (b) State Attorney General Enforcement.--Section 130(e) of the Truth in Lending Act (15 U.S.C. 1640(e)) is amended by adding at the end the following: ``An action to enforce a violation of section 129 may also be brought by the appropriate State attorney general in a court of competent jurisdiction, within 5 years after the date on which the violation occurs.''. (c) Assignee Liability.--Section 131 of the Truth in Lending Act (15 U.S.C. 1641) is amended by adding at the end the following new subsection: ``(d) High Cost Mortgages.-- ``(1) In general.--In addition to any other liability imposed under this title, any person who purchases or is otherwise assigned a high cost mortgage shall be subject to all claims and defenses with respect to the mortgage that the consumer could assert against the creditor of the mortgage. ``(2) Damages.--Relief under this subsection shall be limited to the sum of-- ``(A) an offset of all remaining indebtedness; and ``(B) the total amount paid by the consumer in connection with the transaction. ``(3) Notice.--Any person who sells or otherwise assigns a high cost mortgage shall include a prominent notice of the potential liability under this subsection as determined by the Board.''. SEC. 5. EFFECTIVE DATE. This Act shall be effective 60 days after the promulgation of regulations by the Board of Governors of the Federal Reserve System, which shall occur not later than 180 days following the date of enactment of this Act.", "summary": "Home Equity Protection Act of 1993 - Amends the Truth in Lending Act to require the creditor of each high cost mortgage to provide certain clearly written, conspicuous disclosures regarding the risks associated with such mortgages. Prohibits such mortgages from containing: (1) a prepayment penalty for paying all or part of the principal prior to the date on which the balance is due; (2) certain refinancing fees; (3) balloon payments; (4) negative amortization; (5) certain prepared payments; and (6) specified unfair, deceptive, or evasive acts. Declares that State authority to regulate certain high rate mortgage loans is not preempted by specified Federal statutes. Includes within the creditor's liability for damages for noncompliance with this Act all finance charges and fees paid by the consumer. Empowers the appropriate State attorney general to bring an action to enforce this Act. Subjects an assignee of a high cost mortgage to all the claims and defenses that the consumer could assert against the creditor."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair and Speedy Treatment (FAST) of Medicare Prescription Drug Claims Act of 2007''. SEC. 2. PROMPT PAYMENT BY MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD PLANS UNDER PART D. (a) Application to Prescription Drug Plans.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112 (b)) is amended by adding at the end the following new paragraph: ``(4) Prompt payment of clean claims.-- ``(A) Prompt payment.--Each contract entered into with a PDP sponsor under this subsection with respect to a prescription drug plan offered by such sponsor shall provide that payment shall be issued, mailed, or otherwise transmitted with respect to all clean claims submitted under this part within the applicable number of calendar days after the date on which the claim is received. ``(B) Definitions.--In this paragraph: ``(I) Clean claim.--The term `clean claim' means a claim, with respect to a covered part D drug, that has no apparent defect or impropriety (including any lack of any required substantiating documentation) or particular circumstance requiring special treatment that prevents timely payment from being made on the claim under this part. ``(ii) Applicable number of calendar days.--The term `applicable number of calendar days' means-- ``(I) with respect to claims submitted electronically, 14 calendar days; and ``(II) with respect to claims submitted otherwise, 30 calendar days. ``(c) Interest payment.--If payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days (as defined in subparagraph (B)) after a clean claim is received, interest shall be paid at a rate used for purposes of section 3902(a) of title 31, United States Code (relating to interest penalties for failure to make prompt payments), for the period beginning on the day after the required payment date and ending on the date on which payment is made. ``(D) Procedures involving claims.-- ``(I) Claims deemed to be clean claims.-- ``(I) In general.--A claim for a covered part D drug shall be deemed to be a clean claim for purposes of this paragraph if the PDP sponsor involved does not provide a notification of deficiency to the claimant by the 10th day that begins after the date on which the claim is submitted. ``(II) Notification of deficiency.--For purposes of subclause (II), the term `notification of deficiency' means a notification that specifies all defects or improprieties in the claim involved and that lists all additional information or documents necessary for the proper processing and payment of the claim. ``(ii) Payment of clean portions of claims.--A PDP sponsor shall, as appropriate, pay any portion of a claim for a covered part D drug that would be a clean claim but for a defect or impropriety in a separate portion of the claim in accordance with subparagraph (A). ``(iii) Obligation to pay.--A claim for a covered part D drug submitted to a PDP sponsor that is not paid or contested by the provider within the applicable number of calendar days (as defined in subparagraph (B)) shall be deemed to be a clean claim and shall be paid by the PDP sponsor in accordance with subparagraph (A). ``(iv) Date of payment of claim.--Payment of a clean claim under subparagraph (A) is considered to have been made on the date on which full payment is received by the provider. ``(E) Electronic transfer of funds.--A PDP sponsor shall pay all clean claims submitted electronically by an electronic funds transfer mechanism.''. (b) Application to MA-PD Plans.--Section 1857(f) of such Act (42 U.S.C. 1395w-27) is amended by adding at the end the following new paragraph: ``(3) Incorporation of certain prescription drug plan contract requirements.--The provisions of section 1860D- 12(b)(4) shall apply to contracts with a Medicare Advantage organization in the same manner as they apply to contracts with a PDP sponsor offering a prescription drug plan under part D.''. (c) Effective Date.--The amendments made by this section shall apply to contracts entered into or renewed on or after the date of the enactment of this Act. SEC. 3. RESTRICTION ON CO-BRANDING. (a) Application to Prescription Drug Information Disseminated.-- Subsection (a) of section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104) is amended by adding at the end the following new paragraph: ``(5) Restriction on displaying pharmacy brand or trademark information.-- ``(A) In general.--It is unlawful for a PDP sponsor of a prescription drug plan to display on any explanatory information described in subparagraph (B), with respect to benefits provided under this part, the brand or trademark of any pharmacy. ``(B) Explanatory information described.--For purposes of subparagraph (A), explanatory information is each of the following: ``(i) Information on evidence of coverage under this part. ``(ii) Information that summarizes benefits provided under this part. ``(iii) Enrollment and disenrollment forms. ``(iv) Enrollment and disenrollment letters. ``(v) Pharmacy directories. ``(vi) Formulary information. ``(vii) Grievance letters provided pursuant to subsection (f), coverage determination letters provided pursuant to subsection (g), and appeals letters provided pursuant to subsection (h). ``(viii) Exceptions process letters. ``(ix) Information contained in sales descriptions or sales presentations.''. (b) Application to Enrollee Cards.--Subsection (b)(2)(A) of such section is amended by adding at the end the following new sentence: ``It is unlawful for a PDP sponsor of a prescription drug plan to display on such a card the name, brand, or trademark of any pharmacy.'' (c) Effective Date.-- (1) Explanatory information.--With respect to explanatory information dispensed on or after the date of the enactment of this Act, the amendment made by subsection (a) shall apply to such information on and after the date that is 90 days after such date of enactment. (2) Enrollee cards.--With respect to cards dispensed before, on, or after the date of the enactment of this Act, the amendment made by subsection (b) shall apply to such cards on and after the date that is 90 days after such date of enactment. Any card dispensed before such date that is 90 days after the date of enactment that violates the second sentence of section 1860D-4(b)(2)(A) of the Social Security Act, as added by subsection (b), shall be reissued by such 90-day date.", "summary": "Fair and Speedy Treatment (FAST) of Medicare Prescription Drug Claims Act of 2007 - Amends title XVIII of the Social Security Act to require prompt payment of clean claims to pharmacies by prescription drug plans (PDPs) and Medicare Advantage prescription drug plans (MA-PD Plans). Defines \"prompt payment\" as within 14 calendar days from submission for claims submitted electronically, and within 30 calendar days for claims submitted otherwise. Requires payment of interest, also, if a payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days. Makes it unlawful for a PDP sponsor to display on any explanatory prescription drug information and enrollee cards the name, brand, or trademark (co-branding) of any pharmacy."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Prepare All Kids Act of 2009''. SEC. 2. HIGH QUALITY PREKINDERGARTEN PROGRAMS. Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended-- (1) by redesignating part I as part J; and (2) by inserting after part H the following: ``PART I--HIGH QUALITY PREKINDERGARTEN PROGRAMS ``SEC. 1841. FINDINGS. ``Congress makes the following findings: ``(1) Investments in children and early childhood development education should be a national priority. ``(2) State-funded preschool is the most rapidly expanding segment of the United States educational system, but in many States a lack of stable funding poses an enormous threat to the provision or continuation of high quality preschool. ``(3) Researchers, educators, and economists have long noted an achievement gap for low-income and minority students as compared to their more advantaged peers that is often already evident when children enter school for the first time. ``(4) One study showed that before entering kindergarten, the average cognitive scores of preschool-age children in the highest socioeconomic group are 60 percent above the average scores of children in the lowest socioeconomic group. ``(5) For low-income preschoolers, research shows that high quality early education and development is vital to closing the achievement gap between them and their more advantaged peers. ``(6) Numerous studies have shown that high quality preschool programs-- ``(A) improve a number of specific life outcomes for children; and ``(B) are cost effective. ``(7) The provision of high quality prekindergarten is a cost-effective investment for children and for the Nation. Research shows that for every $1 invested in high quality early childhood programs, taxpayers save up to $7 in crime, welfare, remedial and special education, and other costs. ``(8) High quality early education increases academic success for schoolchildren who received that education by-- ``(A) improving skills in areas such as following directions and problem solving; ``(B) improving children's performance on standardized tests; ``(C) reducing grade repetition; ``(D) reducing the number of children placed in special education; and ``(E) increasing high school graduation rates. ``(9) High quality early education promotes responsible behavior by teens and adults who received that education by-- ``(A) reducing crime, delinquency, and unhealthy behaviors such as smoking and drug use; ``(B) lowering rates of teen pregnancy; ``(C) leading to greater employment and higher wages for adults; and ``(D) contributing to more stable families. ``(10) High quality prekindergarten programs prepare children to-- ``(A) succeed in school; ``(B) achieve higher levels of education; and ``(C) become citizens who-- ``(i) earn more in adulthood; ``(ii) compete in the global economy; and ``(iii) contribute to our national prosperity. ``SEC. 1842. DEFINITIONS. ``In this part: ``(1) Full-day.--The term `full-day', used with respect to a program, means a program with a minimum of a 6-hour schedule per day. ``(2) Poverty line.--The term `poverty line' has the meaning given the term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) and includes any revision required by that section. ``(3) Prekindergarten.--The term `prekindergarten' means a program that-- ``(A) serves children who are ages 3 through 5; ``(B) supports children's cognitive, social, emotional, and physical development and approaches to learning; and ``(C) helps prepare children for a successful transition to kindergarten. ``(4) Prekindergarten teacher.--The term `prekindergarten teacher' means an individual who-- ``(A) has a bachelor of arts degree with a specialization in early childhood education or early childhood development; or ``(B) during the 6-year period following the first date on which the individual is employed as such a teacher under this part, is working toward that degree. ``(5) Qualified prekindergarten provider.--The term `qualified prekindergarten provider' includes a provider of a prekindergarten program, a Head Start agency, a provider of a child care program, a school, and a for-profit or nonprofit organization that-- ``(A) is in existence on the date of the qualification determination; and ``(B) has met applicable requirements under State or local law that are designed to protect the health and safety of children and that are applicable to child care providers. ``SEC. 1843. PROGRAM AUTHORIZATION. ``(a) Prekindergarten Incentive Fund.--The Secretary, in collaboration and consultation with the Secretary of Health and Human Services, shall create a Prekindergarten Incentive Fund, to be administered by the Secretary of Education. ``(b) Grants.--In administering the Fund, the Secretary shall award grants to eligible States based on a formula established by the Secretary in accordance with subsection (c), to pay for the Federal share of the cost of awarding subgrants to qualified prekindergarten providers to establish, expand, or enhance voluntary high quality full- day prekindergarten programs. ``(c) Minimum Allotment.--No State shall receive a grant allotment under subsection (b) for a fiscal year that is less than one-half of 1 percent of the total amount made available to carry out this part for such fiscal year. ``SEC. 1844. STATE APPLICATIONS AND REQUIREMENTS. ``(a) Designated State Agency.--To be eligible to receive a grant under this part, a State shall designate a State agency to administer the State program of assistance for prekindergarten programs funded through the grant, including receiving and administering funds and monitoring the programs. ``(b) State Application.--In order for a State to be eligible to receive a grant under this part, the designated State agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including-- ``(1) an assurance that the State will award subgrants for prekindergarten programs that are sufficient to provide a high quality prekindergarten experience; ``(2) an assurance that not less than 25 percent of the qualified prekindergarten providers receiving such subgrants will be providers of community-based programs; ``(3) a description of the number of children in the State who are eligible for the prekindergarten programs and the needs that will be served through the prekindergarten programs; ``(4) a description of how the State will ensure that the subgrants are awarded to a wide range of types of qualified prekindergarten providers; ``(5) a description of how the designated State agency will collaborate and coordinate activities with the State Advisory Council on Early Childhood Education and Care, State-funded providers of prekindergarten programs, providers of federally funded programs such as Head Start agencies, local educational agencies, and child care providers; ``(6) a description of how the State will ensure, through a monitoring process, that qualified prekindergarten providers receiving the subgrants provide programs that meet the standards of high quality early education, and use funds appropriately; ``(7) a description of how the State will meet the needs of the most disadvantaged students, including families at or below 200 percent of the poverty line; ``(8) a description of how the State will meet the needs of working parents; and ``(9) a description of how the State will assist in providing professional development assistance to prekindergarten teachers and teacher aides. ``(c) Federal Share.--The Federal share of the cost described in section 1843(b) shall be 50 percent. The State shall provide the non- Federal share of the cost in cash. ``(d) Supplementary Federal Funding.--Funds made available under this part may be used only to supplement and not supplant other Federal, State, local, or private funds that would, in the absence of the funds made available under this part, be made available for early childhood programs. ``(e) Maintenance of Effort.--A State that receives a grant under this part for a fiscal year shall maintain the expenditures of the State for early childhood programs at a level not less than the level of such expenditures of the State for the preceding fiscal year. ``SEC. 1845. STATE SET ASIDES AND EXPENDITURES. ``(a) Infant and Toddler Set Aside.--Notwithstanding sections 1842 and 1843, a State shall set aside not less than 15 percent of the funds made available through a grant awarded under this part for the purpose of funding high quality early childhood development programs for children who are ages 0 through 3. Funds made available under this subsection may also be used for professional development for teachers and teacher aides in classrooms for children who are ages 0 through 3. ``(b) Extended Day and Extended Year Set Aside.--Notwithstanding section 1843, a State shall set aside not less than 10 percent of the funds made available through a grant awarded under this part for the purpose of extending the hours of early childhood programs to create extended day and extended year programs. ``(c) Administrative Expenses.--Not more than 5 percent of the funds made available through such a grant may be used for administrative expenses, including monitoring. ``SEC. 1846. LOCAL APPLICATIONS. ``To be eligible to receive a subgrant under this part, a qualified prekindergarten provider shall submit an application to the designated State agency at such time, in such manner, and containing such information as the agency may reasonably require, including-- ``(1) a description of how the qualified prekindergarten provider will meet the diverse needs of children in the community to be served, including children with disabilities, whose native language is not English, or with other special needs, children in the State foster care system, and homeless children; ``(2) a description of how the qualified prekindergarten provider will serve eligible children who are not served through similar services or programs; ``(3) a description of a plan for actively involving parents and families in the prekindergarten program and the success of their children in the program; ``(4) a description of how children in the prekindergarten program, and their parents and families, will receive referrals to, or assistance with, accessing supportive services provided within the community; ``(5) a description of how the qualified prekindergarten provider collaborates with the State Advisory Council on Early Childhood Education and Care and providers of other programs serving children and families, including Head Start agencies, providers of child care programs, and local educational agencies, to meet the needs of children, families, and working families, as appropriate; and ``(6) a description of how the qualified prekindergarten provider will collaborate with local educational agencies to ensure a smooth transition for participating students from the prekindergarten program to kindergarten and early elementary education. ``SEC. 1847. LOCAL PREKINDERGARTEN PROGRAM REQUIREMENTS. ``(a) Mandatory Uses of Funds.--A qualified prekindergarten provider that receives a subgrant under this part shall use funds received through the grant to establish, expand, or enhance prekindergarten programs for children who are ages 3 through 5, including-- ``(1) providing a prekindergarten program that supports children's cognitive, social, emotional, and physical development and approaches to learning, and helps prepare children for a successful transition to kindergarten; and ``(2) purchasing educational equipment, including educational materials, necessary to provide a high quality prekindergarten program. ``(b) Permissible Use of Funds.--A qualified prekindergarten provider that receives a subgrant under this part may use funds received through the grant to-- ``(1) extend part-day prekindergarten programs to full-day prekindergarten programs and year-round programs; ``(2) pay for transporting students to and from a prekindergarten program; and ``(3) provide professional development assistance to prekindergarten teachers and teacher aides. ``(c) Program Requirements.--A qualified prekindergarten provider that receives a subgrant under this part shall carry out a high quality prekindergarten program by-- ``(1) maintaining a maximum class size of 20 children, with at least 1 prekindergarten teacher per classroom; ``(2) ensuring that the ratio of children to prekindergarten teachers and teacher aides shall not exceed 10 to 1; ``(3) utilizing a prekindergarten curriculum that is research- and evidence-based, developmentally appropriate, and designed to support children's cognitive, social, emotional, and physical development, and approaches to learning; and ``(4) ensuring that prekindergarten teachers meet the requirements of this part. ``SEC. 1848. REPORTING. ``(a) Qualified Prekindergarten Provider Reports.--Each qualified prekindergarten provider that receives a subgrant from a State under this part shall submit an annual report, to the designated State agency, that reviews the effectiveness of the prekindergarten program provided. Such annual report shall include-- ``(1) data specifying the number and ages of enrolled children, and the family income, race, gender, disability, and native language of such children; ``(2) a description of-- ``(A) the curriculum used by the program; ``(B) how the curriculum supports children's cognitive, social, emotional, and physical development and approaches to learning; and ``(C) how the curriculum is appropriate for children of the culture, language, and ages of the children served; and ``(3) a statement of all sources of funding received by the program, including Federal, State, local, and private funds. ``(b) State Reports.--Each State that receives a grant under this part shall submit an annual report to the Secretary detailing the effectiveness of all prekindergarten programs funded under this part in the State. ``(c) Report to Congress.--The Secretary shall submit an annual report to Congress that describes the State programs of assistance for prekindergarten programs funded under this part. ``SEC. 1849. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2010 through 2014.''. SEC. 3. CONFORMING AMENDMENTS. (a) Table of Contents.--The table of contents in section 1(b) of the Elementary and Secondary Education Act of 1965 is amended-- (1) by striking the item relating to the part heading for part I of title I and inserting the following: ``Part J--General Provisions''; and (2) by inserting after the items relating to part I of title I and inserting the following: ``Part I--High Quality Full-Day Prekindergarten Programs ``Sec. 1841. Findings. ``Sec. 1842. Definitions. ``Sec. 1843. Program authorization. ``Sec. 1844. State applications and requirements. ``Sec. 1845. State set asides and expenditures. ``Sec. 1846. Local applications. ``Sec. 1847. Local prekindergarten program requirements. ``Sec. 1848. Reporting. ``Sec. 1849. Authorization of appropriations.''. (b) Provisions.--Sections 1304(c)(2) and 1415(a)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6394(c)(2), 6435(a)(2)(C)) are amended by striking ``part I'' and inserting ``part J''.", "summary": "Prepare All Kids Act of 2009 - Creates a part I (High Quality Prekindergarten Programs) under title I of the Elementary and Secondary Education Act of 1965. Implements such part by requiring the Secretary of Education to establish a Prekindergarten Incentive Fund from which matching grants shall be awarded to states and, through them, subgrants to qualified prekindergarten providers to establish, expand, or enhance voluntary high quality full-day prekindergarten programs serving children ages three through five. Directs state grantees to set aside: (1) at least 15% of their grant for quality early childhood development programs for children ages zero through three; and (2) at least 10% of their grant to extend the hours of early childhood programs to create extended day and year programs. Requires prekindergarten subgrantees to: (1) maintain a maximum class size of 20 children, with at least 1 prekindergarten teacher per classroom; and (2) ensure that the ratio of children to prekindergarten teachers and teacher aides does not exceed 10 to 1."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Efforts for Wellness and Encouraging Longer Lives Act'' or the ``BE WELL Act''. SEC. 2. PROGRAMS OF HEALTH PROMOTION AND DISEASE PREVENTION. (a) Internal Revenue Code of 1986.--Section 9802 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating the second subsection (f) as subsection (g); and (2) by adding at the end the following: ``(h) Programs of Health Promotion and Disease Prevention.-- ``(1) Applicability.--The following shall apply with respect to a program of health promotion or disease prevention for purposes of subsection (b)(2)(B). Such programs shall be referred to as `wellness programs'. ``(2) Definition and general rule.-- ``(A) Definition.--For purposes of this subsection, a wellness program is any program designed to promote health or prevent disease, including a program designed to encourage individuals to adopt healthy behaviors. ``(B) General rule.--For purposes of subsections (a)(2) and (b)(2) (which provide exceptions to the general prohibitions against discrimination based on a health factor for group health plan provisions that vary benefits (including cost-sharing mechanisms) or the premium or contribution for similarly situated individuals in connection with a wellness program that satisfies the requirements of this subsection), if none of the conditions for obtaining a reward under a wellness program are based on an individual satisfying a standard that is related to a health factor, under this subsection, such wellness program does not violate this section if participation in the program is made available to all similarly situated individuals. If any of the conditions for obtaining a reward under such a wellness program is based on an individual satisfying a standard that is related to a health factor, the wellness program shall not violate this section if the requirements of paragraph (4) of this section are satisfied. ``(3) Wellness programs not subject to requirements.--If none of the conditions for obtaining a reward under a wellness program are based on an individual satisfying a standard that is related to a health factor (or if a wellness program does not provide a reward), the wellness program shall not violate this section, if participation in the program is made available to all similarly situated individuals. Such programs need not satisfy the requirements of paragraph (4), if participation in the program is made available to all similarly situated individuals. Wellness programs described in this paragraph include the following: ``(A) A program that reimburses all or part of the cost for memberships in a fitness center. ``(B) A diagnostic testing program that provides a reward for participation and does not base any part of the reward on outcomes. ``(C) A program that encourages preventive care through the waiver of the copayment or deductible requirement under a group health plan for the costs of, for example, prenatal care or well-baby visits. ``(D) A program that reimburses employees for the costs of smoking cessation programs without regard to whether the employee quits smoking. ``(E) A program that provides a reward to employees for attending a monthly health education seminar. ``(4) Wellness programs subject to requirements.--If any of the conditions for obtaining a reward under a wellness program is based on an individual satisfying a standard that is related to a health factor, the wellness program shall not violate this section if the requirements of this paragraph are satisfied. ``(A) The reward for the wellness program, coupled with the reward for other wellness programs with respect to the plan that require satisfaction of a standard related to a health factor, shall not exceed 30 percent of the cost of employee-only coverage under the plan. However, if, in addition to employees, any class of dependents (such as spouses or spouses and dependent children) may participate in the wellness program, the reward shall not exceed 30 percent of the cost of the coverage in which an employee and any dependents are enrolled. For purposes of this paragraph, the cost of coverage shall be determined based on the total amount of employer and employee contributions for the benefit package under which the employee is (or the employee and any dependents are) receiving coverage. A reward may be in the form of a discount or rebate of a premium or contribution, a waiver of all or part of a cost-sharing mechanism (such as deductibles, copayments, or coinsurance), the absence of a surcharge, or the value of a benefit that would otherwise not be provided under the plan. The Secretaries of Labor, Health and Human Services, and the Treasury may increase the reward available under this subparagraph to up to 50 percent of the cost of coverage under the plan if such Secretaries determine that such an increase is appropriate. ``(B) The wellness program shall be reasonably designed to promote health or prevent disease. A program satisfies this subparagraph if it has a reasonable chance of improving the health of or preventing disease in participating individuals and it is not overly burdensome, is not a subterfuge for discriminating based on a health factor, and is not highly suspect in the method chosen to promote health or prevent disease. At least once per year, each plan or issuer offering a wellness program shall evaluate the reasonableness of such program. ``(C) The program shall give individuals eligible for the program the opportunity to qualify for the reward under the program at least once per year. ``(D)(i) The reward under the program shall be available to all similarly situated individuals. ``(ii) For purposes of clause (i), a reward is not available to all similarly situated individuals for a period unless the program allows-- ``(I) a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward for any individual for whom, for that period, it is unreasonably difficult due to a medical condition to satisfy the otherwise applicable standard; and ``(II) a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward for any individual for whom, for that period, it is medically inadvisable to attempt to satisfy the otherwise applicable standard. ``(iii) A plan or issuer may seek verification, such as a statement from an individual's physician, that a health factor makes it unreasonably difficult or medically inadvisable for the individual to satisfy or attempt to satisfy the otherwise applicable standard. ``(E)(i) The plan or issuer shall disclose in all plan materials describing the terms of the program the availability of a reasonable alternative standard (or the possibility of waiver of the otherwise applicable standard) required under subparagraph (D). If plan materials merely mention that a program is available, without describing its terms, such disclosure is not required. ``(ii) The following language, or similar language, may be used to satisfy the requirement of this subparagraph: `If it is unreasonably difficult due to a medical condition for you to achieve the standards for the reward under this program, or if it is medically inadvisable for you to attempt to achieve the standards for the reward under this program, call us at [insert telephone number] and we will work with you to develop another way to qualify for the reward.'. ``(5) Regulations.--The Secretaries of Labor, Health and Human Services, and the Treasury may promulgate regulations, as appropriate, to carry out this subsection. ``(6) Effective date.--This subsection shall take effect on the date of enactment of the BE WELL Act. ``(7) Existing wellness programs.--During the period of time between the date of enactment of the BE WELL Act and the date on which the Secretaries of Labor, Health and Human Services, and the Treasury establish regulations to effectuate this subsection, a wellness program that was established prior to the date of enactment of the BE WELL Act may continue to operate in accordance with the requirements in effect on the day before such date of enactment.''. (b) PHSA Group Market.--Section 2702(b) of the Public Health Service Act (42 U.S.C. 300gg-1(b)) is amended by adding at the end the following: ``(4) Programs of health promotion and disease prevention.--The provisions of section 9802(h) of the Internal Revenue Code of 1986 shall apply to programs of health promotion and disease prevention offered through a group health plan or a health insurance issuer offering group health insurance coverage.''. (c) ERISA.--Section 702(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(b)) is amended by adding at the end the following: ``(4) Programs of health promotion and disease prevention.--The provisions of section 9802(h) of the Internal Revenue Code of 1986 shall apply to programs of health promotion and disease prevention offered through a group health plan or a health insurance issuer offering group health insurance coverage.''. (d) Application of Wellness Programs Provisions to Carriers Providing Federal Employee Health Benefits Plans.-- (1) In general.--Notwithstanding section 8906 of title 5, United States Code (including subsections (b)(1) and (b)(2) of such section), subsections (a), (b), and (c) of this section, including the amendments made by those subsections (relating to wellness programs), shall apply to carriers entering into contracts under section 8902 of title 5, United States Code. (2) Proposals.--Carriers may submit separate proposals relating to voluntary wellness program offerings as part of the annual call for benefit and rate proposals to the Office of Personnel Management. (3) Effective date.--This subsection shall take effect on the date of enactment of this Act and shall apply to contracts entered into under section 8902 of title 5, United States Code, that take effect with respect to calendar years that begin more than 1 year after that date. (e) State Demonstration Project.--Subpart 1 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended by adding at the end the following: ``SEC. 2746. WELLNESS PROGRAM DEMONSTRATION PROJECT. ``(a) In General.--Not later than July 1, 2014, the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall establish a 10-State demonstration project under which participating States shall apply the provisions of 9802(h) of the Internal Revenue Code of 1986 to programs of health promotion offered by a health insurance issuer that offers health insurance coverage in the individual market in such State. ``(b) Expansion of Demonstration Project.--If the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, determines that the demonstration project described in subsection (a) is effective, such Secretaries may, beginning on July 1, 2017, expand such demonstration project to include additional participating States. ``(c) Requirements.--States that participate in the demonstration project under this section shall-- ``(1) ensure that requirements of consumer protection are met in programs of health promotion in the individual market; ``(2) require verification from health insurance issuers that offer health insurance coverage in the individual market of such State that premium discounts-- ``(A) do not create undue burdens for individuals insured in the individual market; ``(B) do not lead to cost shifting; and ``(C) are not a subterfuge for discrimination; and ``(3) ensure that consumer data is protected in accordance with the requirements of section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(d) Existing Programs of Health Promotion or Disease Prevention.--Nothing in this section shall preempt any State law related to programs of health promotion offered by a health insurance issuer that offers health insurance coverage in the individual market in such State that was established or adopted by State law on or after the date of enactment of the BE WELL Act. ``(e) Regulations.--The Secretaries of Health and Human Services and the Treasury may promulgate regulations, as appropriate, to carry out this section.''. (f) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall submit a report to the appropriate committees of Congress concerning-- (A) the effectiveness of wellness programs (as defined in section 9802(h)(2) of the Internal Revenue Code of 1986, as added by subsection (a)) in promoting health and preventing disease; (B) the impact of such wellness programs on the access to care and affordability of coverage for participants and non-participants of such programs; (C) the impact of premium-based and cost-sharing incentives on participant behavior and the role of such programs in changing behavior; and (D) the effectiveness of different types of rewards. (2) Data collection.--In preparing the report described in paragraph (1), the Secretaries shall gather relevant information from employers who provide employees with access to wellness programs, including State and Federal agencies.", "summary": "Building Efforts for Wellness and Encouraging Longer Lives Act or the BE WELL Act - Amends the Internal Revenue Code to establish standards for programs of health promotion and disease prevention (wellness programs), including a system of rewards and reimbursements for voluntarily adopting healthy behaviors, including participation in fitness and smoking cessation programs. Applies such standards to group plans under the Public Health Service Act and federal employee health benefit plans. Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a 10-state demonstration project to apply wellness program standards to state health insurance plans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Managed Care Integrity Act of 2001''. SEC. 2. LIMITATION OF ADMINISTRATIVE EXPENSES AND PROFITS OF MANAGED CARE ENTITIES. (a) Application to Managed Care Entities.-- (1) In general.--Notwithstanding any other provision of law, each health benefits plan offered by a managed care entity shall ensure that, with respect to a contract year, the actuarial value of the aggregate benefits provided under the plan during such year to enrollees is not less than 85 percent of the aggregate amount of payments received from, or on behalf of, such enrollees for such year. (2) Waiver of requirements.-- (A) In general.--The Secretary of Health and Human Services may waive the requirement of paragraph (1) for a 12-month period with respect to a managed care entity if the Secretary determines, based on the recommendations of the agency responsible for licensing such entity (or the health care plans of such entity) in a State, that-- (i) the solvency of the entity is in jeopardy; or (ii) compliance with the requirement would cause the entity to fail to meet the solvency requirements required for licensure in the State. (B) Renewals.--The Secretary of Health and Human Services may renew a waiver under subparagraph (A), except that the no waiver may be granted for a period in excess of 24 months in any 36-month period. (3) Administrative costs.-- (A) Limitation.--For purposes of this subsection, the costs associated with the management and operation of a managed care plan (including the costs of compensation and personnel fringe benefits, interest expenses, costs of occupancy of a facility, and marketing costs) shall not be included in determining the actuarial value of the aggregate benefits provided under the plan. (B) Regulations.--The Secretary of Health and Human Services shall promulgate regulations to define ``costs associated with the management and operation of a manages care plan'' for purposes of subparagraph (A). (4) Definition.--For purposes of this subsection, the term ``managed care entity'' shall include-- (A) managed care entities providing health care coverage for individuals under a group health plan or individual health insurance coverage; (B) medicaid managed care organizations as defined in section 1903(m)(1)(A) of the Social Security Act (42 U.S.C. 1396b(m)(1)(A)); (C) managed care entities that provide health care coverage for individuals under the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code; and (D) managed care entities that provide health care coverage for members of the armed forces and their families under chapter 55 of title 10, United States Code. (5) Effective date.--Paragraph (1) shall apply to contract years beginning on or after January 1, 2002. (6) Enforcement.--The Secretary of Health and Human Services shall develop formal investigation and compliance procedures with respect to complaints received by the Secretary concerning the failure of a health benefits plan to comply with the provisions of this subsection. Under such procedures-- (A) the Secretary shall provide the plan with the reasonable opportunity to develop and implement a corrective action plan to correct the deficiencies that were the basis of the complaint received by the Secretary; and (B) the Secretary shall provide the plan with reasonable notice and opportunity for a hearing (including the right to appeal an initial decision) prior to applying the sanctions described in subsection (c). (b) Medicare+Choice Organizations.-- (1) In general.--Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is amended by adding at the end the following new subsection: ``(l) Requirement Relating to the Provision of Benefits.-- ``(1) In general.--Each Medicare+Choice plan offered by a Medicare+Choice organization shall ensure that, with respect to a contract year, the actuarial value of the aggregate benefits provided under the plan during such year to Medicare+Choice eligible individuals enrolled in the plan is not less than 85 percent of the aggregate amount of payments received from, or on behalf of, such individuals for such year. ``(2) Waiver of requirement.-- ``(A) In general.--The Secretary may waive the requirement under paragraph (1) for a 12-month period with respect to a Medicare+Choice plan offered by a Medicare+Choice organization, if the Secretary determines, based, except for an organization with a waiver under section 1855(a)(2), on the recommendations of the agency responsible for licensing such plan in a State, that-- ``(i) the solvency of the Medicare+Choice organization is in jeopardy; or ``(ii) compliance with the requirement would cause the Medicare+Choice organization to fail to meet the solvency requirements required for licensure in the State or under this part. ``(B) Renewals.--The Secretary may renew a waiver under subparagraph (A), except that no waiver may be granted for a period in excess of 24 months in any 36- month period. ``(3) Administrative costs.-- ``(A) Limitation.--For purposes of this subsection, the costs associated with the management and operation of a Medicare+Choice plan (including the costs of compensation and personnel fringe benefits, interest expenses, costs of occupancy of a facility, and marketing costs) shall not be included in determining the actuarial value of the aggregate benefits provided under the plan. ``(B) Regulations.--The Secretary shall promulgate regulations to define `costs associated with the management and operation of a manages care plan' for purposes of subparagraph (A). ``(4) Enforcement.--The Secretary may terminate a contract with a Medicare+Choice organization under section 1857 in accordance with formal investigation and compliance procedures established by the Secretary under which-- ``(A) the Secretary provides the organization with the reasonable opportunity to develop and implement a corrective action plan to correct the deficiencies that were the basis of the Secretary's determination under this paragraph; and ``(B) the Secretary provides the organization with reasonable notice and opportunity for hearing (including the right to appeal an initial decision) before terminating the contract.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to contract years beginning on or after January 1, 2002. (c) Sanctions.-- (1) In general.--If the Secretary of Health and Human Services determines that a health benefits plan or a Medicare+Choice organization fails substantially to comply with the provision of this Act or section 1852(l) of the Social Security Act the Secretary may provide, in addition to any other remedies authorized by law, for any of the remedies described in paragraph (2). (2) Remedies.--The remedies described in this paragraph are-- (A) civil money penalties of not more than $25,000 for each determination under paragraph (1) or, with respect to such a determination involving misrepresentation or falsifying information, of not more than $100,000 for each such determination; and (B) with respect to Medicare+Choice organizations-- (i) suspension of enrollment of individuals under part C of title XVIII of the Social Security Act after the date the Secretary notifies the organization of a determination under paragraph (1) and until the Secretary is satisfied that the basis for such determination has been corrected and is not likely to recur; or (ii) suspension of payment to the organization under such part for individuals enrolled after the date the Secretary notifies the organization of a determination under paragraph (1) and until the Secretary is satisfied that the basis for such determination has been corrected and is not likely to recur.", "summary": "Managed Care Integrity Act of 2001 - Requires health benefits plans offered by managed care entities to ensure that the actuarial value of the aggregate plan benefits is at least 85 percent of the aggregate amount of payments received from, or on behalf of, plan enrollees. Waives such requirement for a limited period if an entity's solvency is in jeopardy or compliance would cause the entity's failure to meet State solvency requirements. Includes Medicaid managed care organizations and managed care entities providing health care coverage for Federal employees and members of the armed forces within the definition of \"managed care entity.\"Requires the Secretary of Health and Human Services to develop related investigation and compliance procedures.Amends title XVIII (Medicare) of the Social Security Act to apply the requirements of this Act to Medicare+Choice organizations.Sets forth noncompliance remedies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Desert Community Lands Act''. SEC. 2. CONVEYANCE FOR APPLE VALLEY OFF-HIGHWAY VEHICLE RECREATION AREA. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Town.--The term ``Town'' means the town of Apple Valley, California. (b) Conveyance of Federal Land to Town.-- (1) Conveyance required.--At the request of the Town, not later than 5 years after the date of the enactment of this Act, the Secretary shall convey to the Town, without consideration, all right, title, and interest of the United States in and to the surface estate of the approximately 4,630 acres of land generally depicted as ``Proposed Conveyance Area'' on the map entitled ``Conveyance to Town of Apple Valley'' and dated June 1, 2015. Such land shall be known and designated as the ``Apple Valley Off-Highway Vehicle Recreation Area''. (2) Existing rights and mineral estate.--The conveyance under this subsection-- (A) is subject to valid existing rights; and (B) does not include the mineral estate. (c) Use of Conveyed Land.-- (1) In general.--The land conveyed under subsection (b) may be used by the Town for any public purpose authorized in paragraph (2), consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.). (2) Authorized purposes.--The purposes of the conveyance under subsection (b) are to allow the Town to use the conveyed land to provide-- (A) a suitable location for the establishment of a centralized off-road vehicle recreation park; (B) the public with opportunities for off-road vehicle recreation, including a location for races, competitive events, training and other commercial services that directly support a centralized off-road vehicle recreation area and Town park; and (C) a designated area and facilities that would discourage unauthorized use of off-highway vehicles in areas that have been identified by the Federal Government, the State of California, or San Bernardino County as containing environmentally sensitive land. (3) Disposal prohibited.--The land conveyed under subsection (b) may not be disposed of by the Town without the approval of the Secretary. SEC. 3. CONVEYANCE TO CITY OF TWENTYNINE PALMS, CALIFORNIA. (a) Conveyance Required.--At the request of the city of Twentynine Palms, California, not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall convey to the city of Twentynine Palms, California, without consideration, all right, title, and interest of the United States in and to the surface estate of the land generally depicted as ``Proposed Conveyance to Twentynine Palms'' on the map entitled ``Proposed Conveyance to Twentynine Palms'' and dated September 18, 2015. (b) Existing Rights and Mineral Estate.--The conveyance under this section-- (1) is subject to valid existing rights; and (2) does not include the mineral estate. SEC. 4. CONVEYANCE TO CITY OF BARSTOW, CALIFORNIA. (a) Conveyance Required.--At the request of the city of Barstow, California, not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall convey to the city of Barstow, California, without consideration, all right, title, and interest of the United States in and to the surface estate of the land generally depicted as ``Proposed Conveyance'' on the map entitled ``Proposed Conveyance to the City of Barstow'' and dated January 13, 2017. (b) Existing Rights and Mineral Estate.--The conveyance under this section-- (1) is subject to valid existing rights; and (2) does not include the mineral estate. SEC. 5. CONVEYANCE TO CITY OF VICTORVILLE, CALIFORNIA. (a) Conveyance Required.--At the request of the city of Victorville, California, not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall convey to the city of Victorville, California, without consideration, all right, title, and interest of the United States in and to the surface estate of the land generally depicted as ``Proposed Conveyance'' on the map entitled ``Proposed Conveyance to the City of Victorville'' and dated April 25, 2017. (b) Existing Rights and Mineral Estate.--The conveyance under this subsection-- (1) is subject to valid existing rights; (2) does not include the mineral estate; and (3) is subject to the reservation of a permanent easement and right of way for flood control, utility, pipeline, or telecommunications facilities located within the strips of land described in the right of way grant from the United States Department of the Interior to Pacific Gas and Electric Company, Serial Number R 06259, dated March 2, 1965, and the easement from J. Harley Long to Pacific Gas and Electric Company, dated February 4, 1957, and recorded in Book 4192, Official Records at page 42, San Bernardino County Records. These easements include the right, at any time and from time to time, to construct, reconstruct, maintain, operate, replace, remove, repair, renew, and enlarge facilities for public utility purposes, the right to trim and cut down trees and brush that the public utility may deem to be a hazard to its facilities, and the requirement that the strips of land be kept open and free of buildings, structures, and wells of any kind.", "summary": "Desert Community Lands Act This bill directs the Department of the Interior to convey, without consideration, to the town of Apple Valley in California the surface estate of specified land, to be known and designated as the Apple Valley Off-Highway Vehicle Recreation Area. The conveyed land may be used by the town to provide: (1) a suitable location for the establishment of a centralized, off-road vehicle recreation park; (2) the public with opportunities for off-road vehicle recreation; and (3) a designated area and facilities that would discourage unauthorized use of off-highway vehicles in areas that have been identified by the federal government, the state of California, or San Bernardino County, California, to contain environmentally sensitive land. Such land may not be disposed of by the town without Interior's approval. Interior may develop a special management plan for the recreation area to enhance the safe use of off-highway vehicles for recreational purposes. Interior shall convey, without consideration, the surface estate of specified lands to the cities of Twentynine Palms, Barstow, and Victorville in California. All land conveyances under this bill are subject to valid existing rights and do not include the mineral estate in the lands conveyed."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bay Area Regional Water Recycling Program Projects Authorization Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Feasible.--The term ``feasible'' means a project for which-- (A) the planning and environmental studies, together with supporting materials and documentation, have been prepared consistent with Bureau of Reclamation procedures for projects under consideration for financial assistance under the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102-575, as amended, and section 103(d)(3)(F) of the Water Supply, Reliability, and Environmental Improvement Act (Public Law 108-361); and (B) the planning and environmental studies, together with supporting materials and documentation, demonstrate that the project meets the requirements of section 1604 of the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102-575), as amended. (2) Financially capable project sponsor.--The term ``financially capable project sponsor'' means a non-Federal project sponsor that is capable of providing-- (A) the non-Federal share of the project costs; and (B) 100 percent of the operations and maintenance costs of the project. (3) Non-federal project sponsor.--The term ``non-Federal project sponsor'' means a State, regional, or local authority or other qualifying entity, such as a water conservation district, water conservancy district, or rural water district or association. (4) Technically and financially viable project.--The term ``technically and financially viable project'' means a project that-- (A) is a technically viable project; and (B) has a financially capable project sponsor. (5) Technically viable project.--The term ``technically viable project'' means a project that-- (A) meets generally acceptable engineering, public health, and environmental standards; and (B) has obtained or is expected to obtain approval of all Federal, State, and local permits necessary for implementation of the project. SEC. 3. BAY AREA REGIONAL WATER RECYCLING PROGRAM PROJECTS. (a) Feasible and Viable.--The Bay Area Regional Water Recycling Program projects described in the amendments made by section 4(a) are hereby-- (1) determined to be feasible and eligible for financial assistance under the Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.); and (2) confirmed as technically and financially viable projects. (b) Statutory Construction.--Nothing in this section shall be construed to affect the applicability of the National Environmental Policy Act of 1969, or any other Federal or State law, with regard to the Bay Area Regional Water Recycling Program projects described in the amendments made by section 4(a). SEC. 4. PROJECT AUTHORIZATIONS. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 16XX. CITY OF PALO ALTO WATER REUSE PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Palo Alto, California, is authorized to participate in the design, planning, and construction of recycled water distribution systems. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000. ``(e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. ``SEC. 16XX. PITTSBURG RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Pittsburg, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,300,000. ``(e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. ``SEC. 16XX. ANTIOCH RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Antioch, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $2,250,000. ``(e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. ``SEC. 16XX. PACIFICA RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Pacifica, California, and the North Coast County Water District, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,400,000. ``(e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. ``SEC. 16XX. REDWOOD CITY RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Redwood City, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,100,000. ``(e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. ``SEC. 16XX. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Gilroy, California, and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water system distribution facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $7,000,000. ``(e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section.''. (b) Conforming Amendments.--The table of sections in section 2 of Public Law 102-575 is amended by inserting after the item relating to section 16xx the following: ``Sec. 16xx. Palo Alto Water Reuse Project. ``Sec. 16xx. Pittsburg Recycled Water Project. ``Sec. 16xx. Antioch Recycled Water Project. ``Sec. 16xx. Pacifica Recycled Water Project. ``Sec. 16xx. Redwood City Recycled Water Project. ``Sec. 16xx. South Santa Clara County Recycled Water Project.''.", "summary": "Bay Area Regional Water Recycling Program Projects Authorization Act of 2006 - Deems the Bay Area Regional Water Recycling Program projects authorized by this Act to be feasible and eligible for financial assistance under the Reclamation Wastewater and Groundwater Study and Facilities Act. Confirms such projects as technically and financially viable. Authorizes the Secretary of the Interior to participate in the design, planning, and construction of recycled water distribution systems or recycled water system facilities in cooperation with: (1) Palo Alto, California; (2) Pittsburg, California, and the Delta Diablo Sanitation District; (3) Antioch, California, and the Delta Diablo Sanitation District; (4) Pacifica, California, and the North Coast County Water District; (5) Redwood City, California; and (6) Gilroy, California, and the Santa Clara Valley Water District. Limits the federal share to 25% of each project's cost. Terminates the Secretary's authority to carry out this Act 10 years after its enactment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Alcohol Advertising Accountability Act of 1996''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) In 1995, the Department of Health and Human Services found that there is a significant underage drinking problem and estimated that there are 11 million drinkers of alcoholic beverages who are under the age of 21. Of that number, 2 million are heavy drinkers of such beverages. (2) In 1995, the proportion of students having 5 or more drinks in a row during the 2 week period preceding the Monitoring the Future Survey were 15 percent for 8th graders, 24 percent for 10th graders, and 30 percent for 12th graders. (3) The median age at which children begin drinking alcoholic beverages is just over 13 years. 67 percent of students in the 8th grade have tried an alcoholic beverage. (4) A 1995 survey found that 50 percent of the teenagers who were asked said that alcohol is a more serious problem among today's youth than illicit drugs. (5) In 1993, nearly 10 percent (over 110,000) of the clients admitted to State-funded alcohol treatment programs were under the age of 21. (6) Alcoholic beverage companies spent $2 billion to advertise and promote their products in 1995. The budget of the National Institute on Alcohol Abuse and Alcoholism for the same year was $176 million. (7) According to a study published in the American Journal of Public Health, viewing beer ads on television may predispose young people to drinking beer. Children who are more aware of beer advertisements hold more favorable beliefs about drinking beer and intend to drink beer more frequently as adults. (8) Almost half of all adults think that alcohol industry advertising greatly influences underage youth to drink alcoholic beverages, another one-third think industry advertising has some influence. SEC. 3. REPORT OF SECRETARY ON ALCOHOL ADVERTISING. (a) Action by the Secretary.--The Secretary of Health and Human Services shall report annually to the Congress on alcohol advertising, its profile and its effects. To assist the Secretary in gathering information for such report, the Secretary shall establish a panel made up of such individuals as the Secretary, in the Secretary's discretion, may select from individuals in the Department of Health and Human Services or any other Federal agency. (b) Panel Function.--The panel established by the Secretary of Health and Human Services under subsection (a) shall review alcohol advertising in all media, including broadcast and cable television, other electronic means, and print and outdoor advertising and review promotional activities undertaken to promote the sale of alcoholic beverages. The Secretary shall convene at least 2 public hearings before the panel established under subsection (a) each year and shall have the panel conduct a hearing in each of the regional offices of the Department of Health and Human Services over the 5-year period beginning on the date of the enactment of this Act. (c) Report Content.--The report of the Secretary of Health and Human Services under subsection (a) shall be developed on the basis of the work conducted by the panel established under subsection (a) and shall include-- (1) an identification of-- (A) the media used by alcohol advertising to reach children, (B) the total expenditures for alcoholic beverage advertising in each media and in promotions, (C) the extent to which media program audiences are under the age of 21, (D) an identification of the types and themes of alcohol advertising in all media (especially in broadcast) and other electronic means, (E) any graphics, slogans, children's characters, and techniques that are used and that appeal to youth, and (F) the extent to which other promotional efforts used to market alcoholic beverages which appear in clothing, sporting events, contests, and concerts appeal to individuals under the age of 21; (2) a determination of the extent to which young people are exposed to alcohol advertising and promotions of alcoholic beverages; (3) an evaluation of the relationship between alcohol advertising practices and underage drinking, drunk driving, and related public health problems; and (4) an evaluation of alcohol industry sponsored campaigns addressing public service and prevention messages for underage drinking, drunk driving, and other alcohol-related topics. (d) Recommendations.--The report of the Secretary of Health and Human Services under subsection (a) shall also include such recommendations for legislation as the Secretary determines are appropriate.", "summary": "Alcohol Advertising Accountability Act of 1996 - Mandates: (1) an annual report to the Congress on alcohol advertising, its profile, and its effects, along with recommendations for legislation; and (2) establishment of a panel to assist in gathering information for the report."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Cancellation Relief Act of 2004''. SEC. 2. EXCLUSION FROM GROSS INCOME FOR CERTAIN FORGIVEN MORTGAGE OBLIGATIONS. (a) In General.--Paragraph (1) of section 108(a) of the Internal Revenue Code of 1986 (relating to exclusion from gross income) is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by inserting after subparagraph (D) the following new subparagraph: ``(E) in the case of an individual, the indebtedness discharged is qualified residential indebtedness.''. (b) Qualified Residential Indebtedness Shortfall.--Section 108 of such Code (relating to discharge of indebtedness) is amended by adding at the end the following new subsection: ``(h) Special Rules for Qualified Residential Indebtedness.-- ``(1) Limitations.-- ``(A) In general.--The amount excluded under subparagraph (E) of subsection (a)(1) with respect to any qualified residential indebtedness shall not exceed the excess (if any) of-- ``(i) the outstanding principal amount of such indebtedness (immediately before the discharge), over ``(ii) the sum of-- ``(I) the amount realized from the sale of the real property securing such indebtedness reduced by the cost of such sale, and ``(II) the outstanding principal amount of any other indebtedness secured by such property. ``(B) Overall limitation.--The amount excluded under subparagraph (E) of subsection (a)(1) with respect to any qualified residential indebtedness shall not exceed $50,000. ``(2) Qualified residential indebtedness.-- ``(A) In general.--The term `qualified residential indebtedness' means indebtedness which-- ``(i) was incurred or assumed by the taxpayer in connection with real property used by the taxpayer as a principal residence (within the meaning of section 121) and is secured by such real property, ``(ii) is incurred or assumed to acquire, construct, reconstruct, or substantially improve such real property, and ``(iii) with respect to which such taxpayer makes an election to have this paragraph apply. ``(B) Refinanced indebtedness.--Such term shall include indebtedness resulting from the refinancing of indebtedness under subparagraph (A)(ii), but only to the extent the refinanced indebtedness does not exceed the amount of the indebtedness being refinanced. ``(C) Exceptions.--Such term shall not include qualified farm indebtedness or qualified real property business indebtedness. ``(3) Regulations.--The Secretary may by regulation provide for the disallowance of an exclusion under this section by reason of subparagraph (E) of subsection (a)(1) in cases where the failure to repay the indebtedness is due to the bad faith of the taxpayer.''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 108(a) of such Code is amended-- (A) in subparagraph (A) by striking ``and (D)'' and inserting ``(D), and (E)'', and (B) by amending subparagraph (B) to read as follows: ``(B) Insolvency exclusion takes precedence over qualified farm exclusion, qualified real property business exclusion, and qualified residential shortfall exclusion.--Subparagraphs (C), (D), and (E) of paragraph (1) shall not apply to a discharge to the extent the taxpayer is insolvent.''. (2) Paragraph (1) of section 108(b) of such Code is amended by striking ``or (C)'' and inserting ``(C), or (E)''. (3) Subsection (b) of section 121 of such Code is amended by adding at the end the following new paragraph: ``(4) Special rule relating to discharge of indebtedness.-- The amount of gain which (but for this paragraph) would be excluded from gross income under subsection (a) with respect to a principal residence shall be reduced by any amount excluded from the gross income of the taxpayer under section 108(a)(1)(E) with respect to such residence.''. (d) Effective Date.--The amendments made by this section shall apply to discharges after the date of the enactment of this Act.", "summary": "Mortgage Cancellation Relief Act of 2004 - Amends the Internal Revenue Code to exclude from gross income amounts up to $50,000 attributable to the discharge of certain residential mortgage obligations."}
{"article": "SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Reducing Special Education Through Prevention Act''. SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) In General.--Part D of the Individuals with Disabilities Education Act (20 U.S.C. 1451 et seq.) is amended by adding at the end the following: ``Subpart 3--Grants To Improve School-Based Early Intervention Services for Children With Emotional Disturbances ``SEC. 691. FINDINGS; PURPOSE. ``(a) Findings.--Congress finds the following: ``(1) During 2002-2001 approximately 472,932 children between the ages of 6 and 21 who were receiving special education and related services were identified as having emotional disturbances--a 21.8 percent increase from the number of such children so identified during 1990-1991. These children with emotional disturbances represent 7.7 percent of the total number of children with disabilities and approximately 1 percent of the general population of the United States. ``(2) It is estimated that up to 19 percent of the total number of students in elementary and secondary schools in the United States exhibit symptoms of emotional disturbance or symptoms of other mental health conditions, but only 1 percent of such students are properly identified as such and receive necessary services. These students fail more classes, miss more days of school, have lower grades, are more frequently retained at the same grade level for more than 1 school year, drop out from school more frequently, and have lower graduation rates than do other students with disabilities. ``(3) At the Conference on Children's Mental Health in September 2000, the Surgeon General stated that `[c]hildren and families are suffering because of missed opportunities for prevention and early identification [of children with emotional disturbances], fragmented services, and low priorities for resources'. ``(4) Goal Number 3 of the Conference on Children's Mental Health Report is to improve the assessment and recognition of the mental health needs of children, including through the following actions: ``(A) Encourage early identification of mental health needs in existing preschool, childcare, education, health, welfare, juvenile justice, and substance abuse treatment systems. ``(B) Promote cost-effective, proactive systems of behavior support at the school level. These systems of behavior support should emphasize universal, primary prevention methods that recognize the unique differences of all children and youth, but should include selective individual student support for those students with more intense and long-term needs. ``(5) Improving outcomes for children with emotional disturbances depends not only on improving the learning opportunities of such children, but also on promoting effective coordination among schools, families, and systems that provide services for such children, such as the social services, health, mental health, child welfare, and juvenile justice systems. Positive results of such coordination include increased retention in school, improved educational outcomes, and the cognitive, emotional, and behavioral development of such children. ``(6) Increased academic performance, improved attendance, increased engagement in academic activities, and fewer disruptions to the learning environment are a few of the many positive outcomes documented when systems that provide services for children with emotional disturbances include a continuum of services such as prevention, early intervention at the first indication of a mental health problem or behavioral difficulty of a child, and treatment of severe and chronic mental health problems. ``(7) Surveys of school administrators indicate that behavioral problems, lack of discipline, safety of students, and violence in schools are among top concerns with respect to public education today. Teachers spend inordinate amounts of time and energy during the school day managing student misbehavior and conflict--time and energy that could be spent on teaching and learning. ``(8) Effective early intervention strategies to reduce the number of children who have, or who are at risk of developing, emotional disturbances currently exist. As the National Academy of Sciences concluded in its 2002 report ``Minority Students in Special and Gifted Education'', early intervention for children at risk of behavorial problems ``has been demonstrated to be considerably greater than the effectiveness of later, postfailure intervention''. ``(b) Purpose.--The purpose of this subpart is to develop and implement strategies to reduce the number of children who have, or who are at risk of developing, emotional disturbances that require the provision of special education and related services under this Act. ``SEC. 692. AUTHORIZATION. ``(a) In General.--The Secretary is authorized to make grants for a three-year period to State educational agencies and local educational agencies to develop and implement effective strategies to reduce the number of children who have, or who are at risk of developing, emotional disturbances that require the provision of special education and related services under this Act. ``(b) Priority.--In making grants under subsection (a), the Secretary shall give priority to State educational agencies and local educational agencies that agree to provide additional annual reports to the Secretary in accordance with section 697 after completion of the term of the grant. ``SEC. 693. APPLICATION. ``(a) In General.--A State educational agency or local educational agency that desires to receive a grant under this subpart shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary may require. ``(b) Contents.--The application shall include the following: ``(1) A description of a plan, developed in consultation with families of children who will be eligible to participate in activities carried out under this subpart, teachers, and mental health and related service providers, to carry out activities under the grant. ``(2) A description of prevention and early intervention services provided to date in schools with respect to which activities under a grant under this subpart are proposed to be carried out. ``(3) A description of the outcome measures that will be used to demonstrate the effectiveness of activities carried out to achieve the purpose of this subpart and to comply with the requirements of paragraphs (4) and (5) of section 694(b). ``(4) A description of the funding structure of amounts received under a grant under this subpart, including a detailed description for compliance with the matching requirement under section 695. ``(5) Assurances that activities carried out under this subpart will be culturally competent. ``(6) Assurances that amounts received under a grant under this subpart will be used to supplement and not supplant amounts from other sources to carry out activities consistent with the purpose of this subpart. ``SEC. 694. USE OF AMOUNTS. ``(a) In General.--A State educational agency or local educational agency, as the case may be, that receives a grant under this subpart may use amounts received under the grant to carry out activities that are consistent with the purpose of this subpart, including the following activities: ``(1) Universal, primary prevention strategies at the school level to reduce the number of children who have, or who are at risk of developing, emotional disturbances that require the provision of special education and related services under this Act. ``(2) Early intervention services and individual support for children who have, or who are at risk of developing, emotional disturbances and who are not currently provided services pursuant to part B of this Act. ``(3) Effective coordination among schools, families, and systems that provide services for such children, such as the social services, health, mental health, child welfare, and juvenile justice systems. ``(4) Training of staff and professional development with respect to prevention and early intervention strategies. ``(b) Additional Requirements.--In carrying out the activities described in subsection (a), the agency shall-- ``(1) coordinate such activities with appropriate social services providers, health (including mental health) providers, child welfare organizations, and juvenile justice organizations; ``(2) ensure that a sufficient number of children are provided services in order to produce results that are measurable and reliable under evaluations of such activities conducted pursuant to section 698; ``(3) ensure that not more than 5 percent of the amount of a grant is used for administrative expenses, including expenses related to the collection of data; ``(4) ensure that such activities do not adversely affect school attendance, dropout rates, classroom behavior, academic achievement, or the general welfare of students who receive special education and related services; ``(5) ensure that such activities do not result in increased segregation of students receiving special education classes from students in the general education program or curriculum of the school; and ``(6) ensure that such activities are culturally competent and are evidenced-based. ``SEC. 695. MATCHING REQUIREMENT. ``The Secretary may not make a grant to a State educational agency or local educational agency under this subpart unless the agency agrees that, with respect to the costs to be incurred in carrying out the activities for which the grant was awarded, the agency will make available non-Federal contributions in an amount equal to not less than 35 percent of such costs for the first year of the grant, 50 percent of such costs for the second year of the grant, and 65 percent of such costs for the third year of the grant. ``SEC. 696. ADMINISTRATIVE EXPENSES. The Secretary may reserve not more than 10 percent of the amount made available to carry out this subpart for a fiscal year for administrative expenses in carrying out this subpart, including expenses relating to the evaluation conducted under section 698. ``SEC. 697. REPORTS TO SECRETARY. ``A State educational agency or local educational agency that receives a grant under this subpart shall submit annually to the Secretary a report that contains such information as the Secretary may reasonably require, including a description of the collection of data by the agency to ensure compliance with the requirements of this subpart (particularly the requirements contained in paragraphs (4) and (5) of section 694(b)). ``SEC. 698. EVALUATIONS. ``The Secretary shall, directly or through grants, contracts, or cooperative agreements, conduct evaluations of activities established and carried out under grants made under this subpart. ``SEC. 699. REPORTS TO CONGRESS. ``The Secretary shall submit annually to Congress a report that contains the following: ``(1) A summary and analysis of the data in the reports submitted to the Secretary under section 697. ``(2) A summary of the evaluations conducted under section 698. ``SEC. 699A. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this subpart such sums as may be necessary for each of the fiscal years 2003 through 2007.''. (b) Conforming Amendment.--The table of contents of the Individuals with Disabilities Education Act (20 U.S.C. 1400(b)) is amended by adding at the end the following: ``subpart 3--grants to improve school-based early intervention services for children with emotional disturbances ``Sec. 691. Findings; purpose. ``Sec. 692. Authorization. ``Sec. 693. Application. ``Sec. 694. Use of amounts. ``Sec. 695. Matching requirement. ``Sec. 696. Administrative expenses. ``Sec. 697. Reports to Secretary. ``Sec. 698. Evaluations. ``Sec. 699. Reports to Congress. ``Sec. 699A. Authorization of appropriations.", "summary": "Reducing Special Education Through Prevention Act - Amends the Individuals with Disabilities Education Act (IDEA) to establish a program of grants to improve school-based early intervention services for children with emotional disturbances.Authorizes the Secretary of Education to make program grants to State or local educational agencies to develop and implement strategies to reduce the number of children who have, or who are at risk of developing, emotional disturbances that require special education and related services under IDEA. Includes among authorized activities: (1) universal, primary prevention strategies at the school level; (2) early intervention services and individual support for such children who are not currently served under IDEA; (3) coordination among schools, families, and other service provider systems; and (4) staff training and professional development."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Zoning Decisions Protection Act of 2017''. SEC. 2. NULLIFICATION OF RULES AND NOTICES. (a) Final Rule.--The final rule of the Department of Housing and Urban Development entitled ``Affirmatively Furthering Fair Housing'', published in the Federal Register on July 16, 2015 (80 Fed. Reg. 42272; Docket No. FR-5173-F-04), and any successor rule that is substantially similar to such final rule shall have no force or effect. (b) Notice.--The notice of the Department of Housing and Urban Development relating to the Affirmatively Furthering Fair Housing Assessment Tool, published in the Federal Register on December 31, 2015 (80 Fed. Reg. 81840; Docket No. FR-5173-N-07), and any successor notice or rule substantially similar to such notice shall have no force or effect. SEC. 3. PROHIBITION ON USE OF FEDERAL FUNDS. Notwithstanding any other provision of law, no Federal funds may be used to design, build, maintain, utilize, or provide access to a Federal database of geospatial information on community racial disparities or disparities in access to affordable housing. SEC. 4. FEDERALISM CONSULTATION AND REPORT. (a) In General.--The Secretary of Housing and Urban Development shall jointly consult with State officials, local government officials, and officials of public housing agencies to develop recommendations, consistent with applicable rulings of the Supreme Court of the United States, to further the purposes and policies of the Fair Housing Act. (b) Consultation Requirements.--In developing the recommendations required under subsection (a), the Secretary shall-- (1) provide State officials, local government officials, and officials of public housing agencies with notice and an opportunity to participate in the consultation process required under subsection (a); (2) seek to consult with State officials, local government officials, and officials of public housing agencies that represent a broad cross-section of regional, economic, and geographic perspectives in the United States; (3) emphasize the importance of collaboration with and among the State officials, local government officials, and officials of public housing agencies; (4) allow for meaningful and timely input by State officials, local government officials, and officials of public housing agencies; (5) promote transparency in the consultation process required under subsection (a); and (6) explore with State officials, local government officials, and officials of public housing agencies whether Federal objectives under the Fair Housing Act can be attained by means other than through new regulations. (c) Reports.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a draft report describing the recommendations developed pursuant to subsection (a). (2) Consensus requirement.--The Secretary may include a recommendation in the draft report only if consensus has been reached with regard to the recommendation among the Secretary, the State officials, local government officials, and officials of public housing agencies consulted pursuant to subsection (a). (3) Failure to reach consensus.--If the Secretary, State officials, local government officials, and officials of public housing agencies consulted under subsection (a) fail to reach consensus on a regulatory proposal, the draft report shall identify that consensus was not reached and shall describe-- (A) the areas and issues with regard to which consensus was reached; (B) the areas and issues of continuing disagreement that resulted in the failure to reach consensus; and (C) the reasons for the continuing disagreements. (4) Public review and comment period.--The Secretary shall make the draft report available for public review and comment for a period of not fewer than 180 days. (5) Final report.--The Secretary shall, in consultation with the State officials, local government officials, and officials of public housing agencies, address any comments received pursuant to paragraph (4) and shall prepare a final report describing the final results of the consultation process under subsection (a). (d) Submission of Final Report.--Not later than 12 months after the date of enactment of this Act, the Secretary shall make publicly available online the final report prepared pursuant to subsection (c)(5). (e) Definitions.--In this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (2) Local government official.--The term ``local government official'' means an elected or professional official of a local government or an official of a regional or national organization representing local governments or officials. (3) State official.--The term ``State official'' means an elected or professional official of a State government or an official of a regional or national organization representing State governments or officials. (4) Public housing agency.--The term ``public housing agency'' has the meaning given such term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).", "summary": "Local Zoning Decisions Protection Act of 2017 This bill nullifies: the final Department of Housing and Urban Development (HUD) rule entitled "Affirmatively Furthering Fair Housing" and any successor rule substantially similar to it, and the notice relating to the Affirmatively Furthering Fair Housing Assessment Tool and any successor notice or rule substantially similar to it. No federal funds may be used to design, build, maintain, utilize, or provide access to a federal database of geospatial information on community racial disparities or disparities in access to affordable housing. HUD is required to: (1) consult with state, local government, and public housing agency officials to develop recommendations, consistent with applicable rulings of the U.S. Supreme Court, to further the Fair Housing Act's purposes and policies; and (2) make a final report publicly available online within 12 months after enactment of this bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Volcano Early Warning and Monitoring System Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States and the territories of the United States contain 169 hazardous volcanoes; (2) since 1980, eruptions have claimed many lives and cost billions of dollars in property damage in the United States; (3) ash eruptions pose a hazard to high-flying jet aircraft, including the more than 20,000 passengers who travel on jets over Alaska every day; (4) in 1989, an eruption of Redoubt Volcano, Alaska, caused in-flight failure of all 4 engines of a passenger Boeing 747 aircraft; (5) international flights over the Commonwealth of the Northern Mariana Islands and the intense domestic air traffic of the Pacific Northwest also face potential engine failure in the event of an eruption; (6) mudflows from ice-clad Cascade volcanoes of the States of Washington, Oregon, and California pose a serious hazard to cities and transportation arteries in the Pacific Northwest; (7) lava flows, toxic gas emissions, and explosions impact residents and visitors to Hawaii and have the potential to cause catastrophic property damage; (8) frequent seismic unrest requires careful monitoring in the Mammoth Lakes area of California and Yellowstone National Park in the States of Wyoming, Montana, and Idaho; (9) modern technology, in the form of geophysical monitoring networks on the ground and the use of near-real time satellite data, makes possible warnings before eruptions, giving emergency response agencies and the public time to prepare, which minimizes potential damage to property and loss of life; (10) the efficacy of monitoring is being demonstrated by the forecast and subsequent tracking of explosive eruptions of Redoubt Volcano by the Alaska Volcano Observatory, a partnership of the United States Geological Survey, the University of Alaska Fairbanks, and the Alaska Division of Geological and Geophysical Surveys; (11) the United States Geological Survey and the university and State partners of the United States Geological Survey operate-- (A) the Alaska Volcano Observatory located in Anchorage and Fairbanks, Alaska; (B) the Cascades Volcano Observatory located in Vancouver, Washington; (C) the Hawaiian Volcano Observatory located in Hawaiian Volcanoes National Park, Hawaii; (D) the Yellowstone Volcano Observatory located in Yellowstone National Park in the State of Wyoming, Montana, and Idaho; and (E) the Long Valley Observatory, located in Mammoth Lakes and Menlo Park, California; and (12) a detailed survey of the volcanoes in the United States and the monitoring status of those volcanoes has revealed a serious monitoring gap, leaving the United States exposed to preventable damage from large volcanic eruptions. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (2) System.--The term ``System'' means the National Volcano Early Warning and Monitoring System established under section 4(a)(1). SEC. 4. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM. (a) Establishment.-- (1) In general.--The Secretary shall establish within the United States Geological Survey a program, to be known as the ``National Volcano Early Warning and Monitoring System'', to monitor, warn, and protect citizens of the United States from undue and avoidable harm from volcanic activity. (2) Purposes.--The purposes of the System are-- (A) to organize, modernize, standardize, and stabilize the monitoring systems of the volcano observatories in the United States; and (B) to unify the monitoring systems of volcano observatories in the United States into a single interoperative system. (3) Objective.--The objective of the System is to monitor all the volcanoes in the United States at a level commensurate with the threat posed by the volcanoes by-- (A) upgrading existing networks on monitored volcanoes; and (B) installing new networks on unmonitored volcanoes. (b) System Components.-- (1) In general.--The System shall include-- (A) a national volcano watch office that is operational 24 hours a day and 7 days a week; (B) a national volcano data center; and (C) an external grants program to support research in volcano monitoring science and technology. (2) Modernization activities.--Modernization activities under the System shall include the comprehensive application of emerging technologies, including digital broadband seismometers, real-time continuous global positioning systems, radar satellite interferometry, and spectrometry to measure gas emission. (c) Management.-- (1) Management plan.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to Congress a 5-year management plan for establishing and operating the System. (B) Inclusions.--The management plan submitted under subparagraph (A) shall include-- (i) annual cost estimates for modernization activities and operation of the System; (ii) annual milestones, standards, and performance goals; and (iii) recommendations for, and progress towards, establishing new, or enhancing existing, partnerships to leverage resources. (2) Advisory committee.--The Secretary shall establish an advisory committee to assist the Secretary in implementing the System, to be comprised of representatives of relevant agencies and members of the scientific community appointed by the Secretary. (3) Partnerships.--The Secretary may enter into cooperative agreements with universities and State agencies designating the universities and agencies as volcano observatory partners for the System. (4) Coordination.--The Secretary shall coordinate the activities under this Act with the heads of relevant Federal agencies, including-- (A) the Secretary of Transportation; (B) the Administrator of the Federal Aviation Administration; (C) the Administrator of the National Oceanic and Atmospheric Administration; and (D) the Director of the Federal Emergency Management Administration. (d) Annual Report.--Annually, the Secretary shall submit to Congress a report that describes the activities carried out under this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary to carry out this Act $15,000,000 for fiscal year 2010 and each fiscal year thereafter.", "summary": "National Volcano Early Warning and Monitoring System Act - Directs the Secretary of the Interior, acting through the Director of the U.S. Geological Survey (USGS), to establish within USGS a National Volcano Early Warning and Monitoring System program to monitor volcanic activity and to warn and protect U.S. citizens from harm. Sets forth as System purposes to organize, modernize, standardize, and stabilize monitoring systems of U.S. volcano observatories and to unify monitoring systems into a single interoperative system. Sets forth as System objectives to monitor all U.S. volcanoes at a level commensurate with the threat they pose by upgrading existing networks on monitored volcanoes and installing new networks on unmonitored volcanoes. Requires the System to include: (1) a national volcano watch office that is operational 24 hours a day, seven days a week; (2) a national volcano data center; and (3) an external grants program to support research in volcano monitoring science and technology. Directs the Secretary to: (1) submit to Congress a five-year management plan for establishing and operating the System and an annual report; (2) establish an advisory committee; and (3) coordinate activities under this Act with the heads of relevant federal agencies. Authorizes the Secretary to enter into cooperative agreements with universities and state agencies as volcano observatory partners."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Honorable Stephanie Tubbs Jones College Fire Prevention Act''. SEC. 2. ESTABLISHMENT OF THE HONORABLE STEPHANIE TUBBS JONES FIRE SUPPRESSION DEMONSTRATION INCENTIVE PROGRAM. (a) Grants.--The Secretary of Education (in this Act referred to as the ``Secretary''), in consultation with the United States Fire Administration, shall establish a demonstration program to award grants on a competitive basis to eligible entities for the purpose of installing fire sprinkler systems, or other fire suppression or prevention technologies, in student housing and dormitories owned or controlled by such entities. (b) Eligible Entity.--For purposes of this Act, the term ``eligible entity'' means any of the following: (1) An institution of higher education (as that term is defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), including an institution eligible to receive assistance under part A or B of title III or title V of such Act. (2) A social fraternity or sorority exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)), the active membership of which consists primarily of students in attendance at an institution of higher education (as that term is defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)). (c) Selection Priority.--In making grants under subsection (a), the Secretary shall give priority to eligible entities that demonstrate the greatest financial need. (d) Reserved Amounts.-- (1) In general.--Of the amount made available to the Secretary for grants under this section for each fiscal year, the Secretary shall award-- (A) not less than 10 percent to eligible entities that are institutions described in subsection (b)(1) that are eligible to receive assistance under part A or B of title III or title V of the Higher Education Act of 1965 ; and (B) not less than 10 percent to eligible entities that are social fraternities and sororities described in subsection (b)(2). (2) Plan required.--The Secretary shall develop a plan to inform entities described in subparagraphs (A) and (B) of paragraph (1) that such entities may be eligible to apply for grants under this section. (3) Insufficient applicants.--If the Secretary determines that there are an insufficient number of qualified applicants to award the reserved amounts required in accordance with paragraph (1), the Secretary shall make available the remainder of such reserved amounts for use by other eligible entities. (e) Application.--To seek a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (f) Matching Requirement.--As a condition of receipt of a grant under subsection (a), the applicant shall provide (directly or through donations from public or private entities) non-Federal matching funds in an amount equal to not less than 50 percent of the cost of the activities for which assistance is sought. (g) Supplement Not Supplant.--Funds made available under this program shall be used to supplement, not supplant, other funds that would otherwise be expended to carry out fire safety activities. (h) Limitation on Administrative Expenses.--Not more than 2 percent of a grant made under subsection (a) may be expended for administrative expenses with respect to the grant. (i) Reports.--Not later than 12 months after the date of the first award of a grant under this section and annually thereafter until completion of the program, the Secretary shall provide to the Congress a report that includes the following: (1) The number and types of eligible entities receiving assistance under this section. (2) The amounts of such assistance, the amounts and sources of non-Federal funding leveraged for activities under grants under this section, and any other relevant financial information. (3) The number and types of student housing fitted with fire suppression or prevention technologies with assistance under this section, and the number of students protected by such technologies. (4) The types of fire suppression or prevention technologies installed with assistance under this section, and the costs of such technologies. (5) Identification of Federal and State policies that present impediments to the development and installation of fire suppression or prevention technologies. (6) Any other information determined by the Secretary to be useful to evaluating the overall effectiveness of the program established under this section in improving the fire safety of student housing. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act such sums for each of the fiscal years 2009 through 2011. SEC. 3. ADMISSIBILITY AS EVIDENCE. (a) Prohibition.--Notwithstanding any other provision of law and subject to subsection (b), any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity. (b) Exception.--This section does not apply to the admission of an application, determination, or statement described in subsection (a) as evidence in a proceeding to enforce an agreement entered into between the Secretary and an eligible entity under section 2. Passed the House of Representatives September 23, 2008. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Honorable Stephanie Tubbs Jones College Fire Prevention Act - Directs the Secretary of Education to make competitive demonstration grants to institutions of higher education (IHEs), fraternities, and sororities for up to half the cost of installing fire sprinkler systems, or other fire suppression or prevention technologies, in student housing and dormitories owned or controlled by such entities. Gives grant priority to applicants that demonstrate the greatest financial need. Reserves the following portions of grant funds made available for each fiscal year: (1) at least 10% for historically Black colleges and universities, Hispanic-serving institutions, tribally controlled colleges and universities, Alaska Native and Native Hawaiian-serving institutions, and IHEs that are eligible for Institutional Aid under the Higher Education Act of 1965; and (2) at least 10% for social fraternities and sororities. Prohibits the use of more than 2% of a grant for administrative expenses. Directs the Secretary to report to Congress regarding such grant program and governmental policies that impede the development and installation of fire suppression or prevention technologies. Authorizes FY2009-FY2011 appropriations for the grant program. Provides that any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity (except a proceeding to enforce an agreement entered into between the Secretary and a grantee under this Act)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian Economic Restoration and Justice Act of 1999''. SEC. 2. FINDINGS; GOALS. (a) Findings.--The Congress finds that-- (1) the United States has spent billions of dollars to aid Russia through the provision of funds to the International Monetary Fund and other international financial institutions, and through other programs; (2) many of these funds have been siphoned off by corrupt institutions; and (3) the average Russian family has yet to see an improvement in their standard of living. (b) Goals.--It is the sense of the Congress that-- (1) the United States must find a way to more effectively support democracy and the establishment of free markets in Russia; and (2) the following principles should be applied to international financial institution assistance to Russia: (A) establish a joint Russian-United States legislative oversight commission to monitor the use of Western resources in Russia; (B) focus Western resources on programs, such as housing, that will help to develop a Russian middle class; (C) make Western resources available to reform- minded regional governments; (D) deny corrupt Moscow-based financial institutions access to Western resources; (E) reform the International Monetary Fund; (F) put the horse in front of the cart: make reforms precede--not follow--the provision of resources; (G) create a program which will link United States business leaders with their Russian counterparts in order to provide Russian businesses with a pool of resources to assist them in making the successful transition to a market-based economy; and (H) bring 15,000 Russian students to the United States to study economics, business administration, and agricultural production so that they can return to Russia to develop the human capital to support a free market system. SEC. 3. PRINCIPLES GOVERNING INTERNATIONAL MONETARY FUND ASSISTANCE TO RUSSIA. The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended by adding at the end the following: ``SEC. 61. PRINCIPLES GOVERNING INTERNATIONAL MONETARY FUND ASSISTANCE TO RUSSIA. ``(a) Conditions and Limitations of Assistance.--The Secretary of the Treasury shall instruct the United States Executive Director at the Fund to use the voice and vote of the United States to urge the Fund-- ``(1) to not provide any assistance to the government of the Russian Federation or of any political subdivision of the Russian Federation, or to any other entity in the Russian Federation, until there is in effect a Russian federal law that implements the economic reforms described in subsection (b); and ``(2) to provide assistance to the Russian Federation or a political subdivision of the Russian Federation only to aid the implementation of such reforms. ``(b) Economic Reforms.--The economic reforms described in this subsection are the following: ``(1) Land reform, including private ownership of land. ``(2) Further privatization of state-owned industrial enterprises. ``(3) Tax reform, including increased collection of tax obligations. ``(4) Development of effective commercial law, including the ability of individuals to seek enforcement of contracts by an effective judicial system. ``(5) Establishment of residential mortgage financing system for middle class individuals residing in the Russian Federation. ``(6) The development of criteria for evaluating the effectiveness of regional economic reform programs in the Russian Federation, and the use of such criteria to assure that Western resources are provided to the political subdivisions of the Russian Federation on an equitable basis, taking into account the necessity to provide incentives for political subdivisions to implement viable economic reforms and to reward those that have made progress in implementing such reforms. ``(7) The development of steps to make the recipients of Western resources in the Russian Federation accountable for the use of such resources.''. SEC. 4. RUSSIAN-AMERICAN FINANCIAL OVERSIGHT COMMISSION. (a) In General.--The Speaker of the House of Representatives and the President of the Senate shall seek to enter into negotiations with the State Duma and the Federation Council of the Russian Federation for the establishment of a commission which would-- (1) be composed of 8 Members of the United States Congress and a total of 8 Deputies from the State Duma and Federation Council; (2) monitor expenditures of the funds provided to the government of the Russian Federation or a political subdivision of the Russian Federation by the United States or the international community, for the purpose of evaluating that the funds are used for only for the purposes for which provided; and (3) create a working group of financial experts tasked with developing a comprehensive program to reform, privatize, or close industrial enterprises in the Russian Federation that are bankrupt and are (or would be) not competitive under conditions of a market economy without significant government financial support. (b) Membership.--On the successful conclusion of negotiations under subsection (a), the Speaker of the House of Representatives and the President of the Senate are jointly authorized to appoint 8 Members of Congress to the commission established pursuant to subsection (a). SEC. 5. SENSE OF THE CONGRESS. (a) Establishment of Joint United States-Russian Business, Economics, and Agricultural Education Programs.--It is the sense of the Congress that the United States and the government of the Russian Federation should conclude an agreement under which students in the Russian Federation would enroll in colleges and universities in the United States at undergraduate and graduate levels for the purpose of developing a network of specialists in business administration, economics, and agricultural production in the Russian Federation, and students so enrolled would, on completion of their studies in the United States, be required to return to the Russian Federation and work for the federal or a regional government in Russia. (b) Linking of United States Business Leaders With Russian Federation Business Leaders.--It is the sense of the Congress that the United States and the government of the Russian Federation should create a program which would link successful United States business leaders with their counterparts in the Russian Federation, so that companies in the Russian Federation will be better able to access a pool of resources and knowledge to assist them in their transition to successfully competing in a market-based economy. SEC. 6. IMF REFORM COMMISSION. The Secretary of the Treasury shall instruct the United States Executive Director at the Fund to use the voice and vote of the United States to urge the Fund to create a commission, composed of prominent international financial experts, for the purpose of drawing up recommendations for reforming the Fund, with a view to achieving more transparency in the structures of the Fund and increasing the effectiveness of Fund programs while decreasing financial risk. SEC. 7. RUSSIAN HOUSING LOAN PROGRAM. (a) Loan Program.--There is hereby established a pilot housing loan program for the people of Russia, with such funds as may be made available, as the means by which the average Russian citizen may attain affordable home ownership. (b) Restrictions.--None of the funds under this section may be made available-- (1) for transfer to the Government of Russia; or (2) for the purposes of providing Russian military housing. (c) Establishment of Administering Corporation.-- (1) In general.--There is established a nonprofit corporation (in this section referred to as the ``Corporation''). (2) Purpose.--The purpose of the Corporation shall be to administer directly funds made available under this section. (3) Recommendations regarding the membership of board of directors.--It is the sense of the Congress that the Corporation should consist of a 13-member Board of Directors, the members of which should be appointed by the President of the United States from lists provided by the following individuals: (A) Two members from a list provided by the Speaker of the United States House of Representatives. (B) One member from a list provided by the minority leader of the United States House of Representatives. (C) Two members from a list provided by the majority leader of the United States Senate. (D) One member from a list provided by the minority leader of the United States Senate. (E) Two members appointed by the President of the United States at his discretion. (F) Four members from a list provided by the President of the Russian Federation. (G) One member from a list provided by the Chairman of the Russian State Duma. (4) Recommendations regarding the chairman of the board of directors, terms of office, and authority.--It is the sense of the Congress that the President of the United States should select a Chairman of the Board of Directors from among the 13 board members, that the Chairman should serve a single 2-year term, and that the entire Board of Directors should serve a 2- year term and have the authority to select other officers and employees to carry out the purposes of the Corporation. (d) Loan Size and Type.--Since it is the intent of the housing loan program to provide loans for the average middle-income potential Russian home buyer, loans shall range between the equivalent of $10,000 to $50,000 (U.S.). This amount shall be determined by the Corporation and shall fluctuate in accordance upon market conditions. Loans shall be for a term of 10 to 30 years and may be prepaid at any time without penalty. Loan payments shall be amortized on a basis of level monthly payments. (e) Working Groups.--The Corporation shall have the authority to establish working groups comprised of Russian and American experts, for the purpose of making recommendations on topics essential to the success of the program, including, but not limited to-- (1) the preparation of the necessary legal and regulatory changes; (2) the involvement of United States housing trade and labor associations in providing materials, training, and joint venture capital; (3) ensuring adequate offsite infrastructure for new housing sites; and (4) other issues as deemed appropriate by the Corporation.", "summary": "Establishes a Russian-American financial oversight commission to monitor the use of Western resources in Russia. Expresses the sense of Congress that: (1) there should be established joint United States-Russian business, economics, and agricultural education programs in which Russian Federation students on completion of their studies in the United States be required to return to the Russian Federation and work for the federal or regional government in Russia; and (2) the United States and the government of the Russian Federation should create a program which would link successful U.S. business leaders with their Russian Federation counterparts so that Russian Federation companies will be better able to access a pool of resources and knowledge to assist them in their transition to successfully competing in a market-based economy. Directs the Secretary of the Treasury to instruct the U.S. Executive Director at the IMF to use the U.S. vote to urge the IMF to create a commission, composed of prominent international financial experts, to draw up recommendations for reforming the IMF, with a view to achieving more transparency in the structures of the IMF and increasing the effectiveness of its programs while decreasing financial risk. Establishes a pilot housing loan program (to be administered through a nonprofit corporation) in which the average Russian citizen may attain affordable home ownership."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Loan guarantees for alternative fuel infrastructure. Sec. 4. Advanced technology vehicles manufacturing incentive program. Sec. 5. Conventional fuel replacement calculation and assessment. Sec. 6. Technical assistance and coordination. Sec. 7. Workforce training. Sec. 8. Reduction of engine idling and conventional fuel consumption. Sec. 9. Electric, hydrogen, and natural gas utility and oil pipeline participation. Sec. 10. Federal fleets. Sec. 11. HOV lane access extension. SEC. 2. DEFINITIONS. In this Act: (1) Alternative fuel.--The term ``alternative fuel'' has the meaning given the term in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211). (2) Alternative fueled vehicle.--The term ``alternative fueled vehicle'' has the meaning given the term in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211). (3) Community college.--The term ``community college'' has the meaning given the term ``junior or community college'' in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058). (4) Department.--The term ``Department'' means the Department of Energy. (5) Nonroad vehicle.-- (A) In general.--The term ``nonroad vehicle'' means a vehicle that is not licensed for onroad use. (B) Inclusions.--The term ``nonroad vehicle'' includes a vehicle described in subparagraph (A) that is used principally-- (i) for industrial, farming, or commercial use; (ii) for rail transportation; (iii) at an airport; or (iv) for marine purposes. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. LOAN GUARANTEES FOR ALTERNATIVE FUEL INFRASTRUCTURE. Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: ``(11) Infrastructure for provision and distribution of alternative fuels.''. SEC. 4. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM. Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (ii) in the matter preceding clause (i) (as redesignated by clause (i)), by striking ``means an ultra efficient vehicle or a light duty vehicle that meets--'' and inserting ``means-- ``(A) an ultra efficient vehicle or a light duty vehicle that meets--''; (iii) in clause (iii) (as redesignated by clause (i)), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ``(B) a vehicle (such as a medium-duty or heavy- duty work truck, bus, or rail transit vehicle) that-- ``(i) is used on a public street, road, highway, or transitway; ``(ii) meets each applicable emission standard that is established as of the date of the application; and ``(iii) will reduce consumption of conventional motor fuel by 25 percent or more, as compared to existing surface transportation technologies that perform a similar function, unless the Secretary determines that-- ``(I) the percentage is not achievable for a vehicle type or class; and ``(II) an alternative percentage for that vehicle type or class will result in substantial reductions in motor fuel consumption within the United States.''; (B) in paragraph (3)(B)-- (i) by striking ``equipment and'' and inserting ``equipment,''; and (ii) by inserting ``, and manufacturing process equipment'' after ``suppliers''; and (C) by striking paragraph (4) and inserting the following: ``(4) Qualifying components.--The term `qualifying components' means components, systems, or groups of subsystems that the Secretary determines-- ``(A) to be designed to improve fuel economy or otherwise substantially reduce consumption of conventional motor fuel; or ``(B) to contribute measurably to the overall improved fuel use of an advanced technology vehicle, including idle reduction technologies.''; (2) in subsection (b), in the matter preceding paragraph (1), by striking ``to automobile'' and inserting ``to advanced technology vehicle''; (3) in subsection (d)(1), in the first sentence, by striking ``a total of not more than $25,000,000,000 in''; (4) in subsection (h)-- (A) in the subsection heading, by striking ``Automobile'' and inserting ``Advanced Technology Vehicle''; and (B) in paragraph (1)(B), by striking ``automobiles'' each place it appears and inserting ``advanced technology vehicles''; and (5) in subsection (i), by striking ``2012'' and inserting ``2018''. SEC. 5. CONVENTIONAL FUEL REPLACEMENT CALCULATION AND ASSESSMENT. (a) Methodology.--Not later than 180 days after the date of enactment of this Act, the Secretary shall, by rule, develop a methodology for calculating the equivalent volumes of conventional fuel displaced by use of each alternative fuel to assess the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports. (b) National Assessment.--Not later than 3 years after the date of enactment of this Act, the Secretary shall-- (1) conduct a national assessment (using the methodology developed under subsection (a)) of the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports into the United States, including as assessment of-- (A) market penetration of alternative fuel and alternative fueled vehicles in the United States; (B) successes and barriers to deployment identified by the programs established under this Act; and (C) the maximum feasible deployment of alternative fuel and alternative fueled vehicles by 2020 and 2030; and (2) report to Congress the results of the assessment. SEC. 6. TECHNICAL ASSISTANCE AND COORDINATION. (a) Technical Assistance to State, Local, and Tribal Governments.-- (1) In general.--In carrying out this title, the Secretary shall provide, at the request of the Governor, mayor, county executive, public utility commissioner, or other appropriate official or designee, technical assistance to State, local, and tribal governments or to a public-private partnership described in paragraph (2) to assist with the deployment of alternative fuel and alternative fueled vehicles and infrastructure. (2) Public-private partnership.--Technical assistance under this section may be awarded to a public-private partnership, comprised of State, local or tribal governments and nongovernmental entities, including-- (A) electric or natural gas utilities or other alternative fuel distributors; (B) vehicle manufacturers; (C) alternative fueled vehicle or alternative fuel technology providers; (D) vehicle fleet owners; (E) transportation and freight service providers; or (F) other appropriate non-Federal entities, as determined by the Secretary. (3) Assistance.--The technical assistance described in paragraph (1) may include-- (A) coordination in the selection, location, and timing of alternative fuel recharging and refueling equipment and distribution infrastructure, including the identification of transportation corridors and specific alternative fuels that would be made available; (B) development of protocols and communication standards that facilitate vehicle refueling and recharging into electric, natural gas, and other alternative fuel distribution systems; (C) development of codes and standards for the installation of alternative fuel distribution and recharging and refueling equipment; (D) education and outreach for the deployment of alternative fuel and alternative fueled vehicles; and (E) utility rate design and integration of alternative fueled vehicles into electric and natural gas utility distribution systems. (b) Cost Sharing.--Cost sharing for assistance awarded under this section shall be consistent with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2014 through 2018. SEC. 7. WORKFORCE TRAINING. (a) In General.--The Secretary, in consultation with the Secretary of Labor, shall award grants to community colleges, other institutions of higher education, and other qualified training and education institutions for the establishment or expansion of programs to provide training and education for vocational workforce development for-- (1) the manufacture and maintenance of alternative fueled vehicles; and (2) the manufacture, installation, support, and inspection of alternative fuel recharging, refueling, and distribution infrastructure. (b) Purpose.--Training funded under this section shall be intended to ensure that the workforce has the necessary skills needed to manufacture, install, and maintain alternative fuel infrastructure and alternative fueled vehicles. (c) Scope.--Training funded under this section shall include training for-- (1) electricians, plumbers, pipefitters, and other trades and contractors who will be installing, maintaining, or providing safety support for alternative fuel recharging, refueling, and distribution infrastructure; (2) building code inspection officials; (3) vehicle, engine, and powertrain dealers and mechanics; and (4) others positions as the Secretary determines necessary to successfully deploy alternative fuels and vehicles. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2014 through 2018. SEC. 8. REDUCTION OF ENGINE IDLING AND CONVENTIONAL FUEL CONSUMPTION. (a) Definition of Idle Reduction Technology.--Section 756(a) of the Energy Policy Act of 2005 (42 U.S.C. 16104(a)) is amended by striking paragraph (5) and inserting the following: ``(5) Idle reduction technology.--The term `idle reduction technology' means an advanced truck stop electrification system, auxiliary power unit, or other technology that-- ``(A)(i) is used to reduce long-duration idling; and ``(ii) allows for the main drive engine or auxiliary refrigeration engine to be shut down; or ``(B) uses an alternative fuel to reduce consumption of conventional fuel and environmental emissions.''. (b) Funding.--Section 756(b)(4)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16104(b)(4)(B)) is amended in clauses (i) and (ii) by striking ``fiscal year 2008'' each place it appears and inserting ``each of fiscal years 2008 through 2018''. SEC. 9. ELECTRIC, HYDROGEN, AND NATURAL GAS UTILITY AND OIL PIPELINE PARTICIPATION. (a) In General.--The Secretary shall identify barriers and remedies in existing electric and natural gas and oil pipeline transmission and distribution systems to the distribution of alternative fuels and the deployment of alternative fuel recharging and refueling capability, at economically competitive costs of alternative fuel for consumers, including-- (1) model regulatory rate design and billing for recharging and refueling alternative fueled vehicles; (2) electric grid load management and applications that will allow batteries in plug-in electric drive vehicles to be used for grid storage, ancillary services provision, and backup power; (3) integration of plug-in electric drive vehicles with smart grid technology, including protocols and standards, necessary equipment, and information technology systems; (4) technical and economic barriers to transshipment of biofuels by oil pipelines, or distribution of hydrogen; and (5) any other barriers to installing sufficient and appropriate alternative fuel recharging and refueling infrastructure. (b) Consultation.--The Secretary shall carry out this section in consultation with-- (1) the Federal Energy Regulatory Commission; (2) State public utility commissions; (3) State consumer advocates; (4) electric and natural gas utility and transmission owners and operators; (5) oil pipeline owners and operators; (6) hydrogen suppliers; and (7) other affected entities. (c) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing actions taken to carry out this section. SEC. 10. FEDERAL FLEETS. (a) In General.--The Secretary (in consultation with the Administrator of General Services, the Secretary of Defense, the Postmaster General, and the Director of the Office of Management and Budget) shall establish an interagency coordination council for the development and procurement of alternative fueled vehicles by Federal agencies. (b) Electricity and Natural Gas.--Electricity and natural gas consumed by Federal agencies to fuel alternative fueled vehicles shall be-- (1) considered an alternative fuel; and (2) accounted for under Federal fleet management reporting requirements, rather than under Federal building management reporting requirements. (c) Assessment and Report.--Not later than 180 days after the date of enactment of this Act, the Secretary (in consultation with the Administrator of General Services, the Secretary of Defense, the Postmaster General, and the Director of the Office of Management and Budget) shall complete an assessment of Federal Government fleets (including the United States Postal Service and the Department of Defense) and submit to Congress a report that describes-- (1) for each Federal agency with a fleet of more than 200 vehicles, which types of vehicles the agency uses that would or would not be suitable for alternative fuel use either through the procurement of new alternative fueled vehicles, or the conversion to alternative fuel, taking into account the types of vehicles for which alternative fuel could provide comparable functionality and lifecycle costs; (2) the quantity of alternative fueled vehicles that could be deployed by the Federal Government in 5 years and in 10 years, assuming that the vehicles are available and are purchased when new vehicles are needed or existing vehicles are replaced; and (3) the estimated cost and benefits to the Federal Government for vehicle purchases or conversions described in this subsection. SEC. 11. HOV LANE ACCESS EXTENSION. Section 166(b)(5) of title 23, United States Code, is amended-- (1) in subparagraph (A), by striking ``Before September 30, 2017, the State'' and inserting ``The State''; and (2) in subparagraph (B), by striking ``Before September 30, 2017, the State'' and inserting ``The State''.", "summary": "Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013 - Amends the Energy Policy Act of 2005 to expand the list of technology categories that are eligible for loan guarantees by including a category for infrastructure for provision and distribution of alternative fuels. Amends the Energy Independence and Security Act of 2007 to: (1) redefine \"advanced technology vehicle,\" for purposes of the advanced technology vehicles manufacturing incentive program, to include certain vehicles that will reduce consumption of conventional motor fuel by 25% or more compared to existing surface transportation technologies that perform a similar function; (2) repeal the limit on the amount of appropriations that may be used for direct loans under such program; and (3) extend funding through FY2018 for such program. Directs the Secretary to: (1) assess the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports; (2) provide technical assistance for the deployment of alternative fuel and alternative fueled vehicles and infrastructure; and (3) award grants to provide training and education for vocational workforce development for the manufacture and maintenance of alternative fueled vehicles and the manufacture, installation, support, and inspection of alternative fuel recharging, refueling, and distribution infrastructure. Amends the Energy Policy Act of 2005 to: (1) redefine "idle reduction technology" to include a technology that uses an alternative fuel to reduce consumption of conventional fuel and environmental emissions; and (2) extend appropriations through FY2018 to reduce extended idling from heavy-duty vehicles and locomotives. Requires the Secretary to identify barriers and remedies in electric and natural gas and oil pipeline transmission and distribution systems to the distribution of alternative fuels and the deployment of alternative fuel recharging and refueling capability at economically competitive costs for consumers. Requires the Secretary to establish an interagency coordination council for the development and procurement of alternative fueled vehicles by federal agencies. Requires electricity and natural gas consumed by federal agencies to fuel alternative fueled vehicles to be considered an alternative fuel and accounted for under federal fleet management reporting requirements, rather than under federal building management reporting requirements. Requires the Secretary to assess federal government fleets. Extends states' authority to allow inherently low-emission and energy-efficient vehicles to use high occupancy vehicle (HOV) lanes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Quality Education Act of 2011''. SEC. 2. EQUAL ACCESS TO QUALITY EDUCATION GRANT PROGRAM. (a) In General.--The Secretary of Education shall make grants on a competitive basis to eligible partnerships in high-need areas to develop and strengthen high-quality pathways for the teaching and education leadership professions, to create professional induction programs for the teaching profession, and to provide a stable and collaborative learning environment for educators and students. (b) Purposes.--The purposes of the grant program established under this section shall be to-- (1) increase the percentage of highly qualified teachers in a State, including teachers from under-represented minority groups; (2) close the achievement gap for students within subgroups that are not showing expected performance; (3) decrease shortages of highly qualified teachers in poor urban and rural areas; (4) decrease high turnover rates for educators in high-need schools; (5) increase the number of highly qualified teachers in shortage areas, including special education, bilingual education, and education for English language learners, and in science, mathematics, engineering, and technology; (6) increase opportunities for enhanced and ongoing professional development that-- (A) improves the academic content knowledge of teachers in the subject areas in which teachers are certified or licensed to teach or in which the teachers are working toward certification or licensure to teach; (B) promotes strong teaching skills, including instructional strategies that address diverse needs, the use of data to inform instruction, and strategies to improve student achievement; and (C) provides time for teachers to share their knowledge and innovation; and (7) provide all educators with the knowledge base and professional skills to meet the needs of diverse learners, including English language learners and students with disabilities. (c) Use of Funds.-- (1) Required uses.--A partnership that receives a grant under this section shall use the funds to-- (A) establish or support a teacher preparation program that-- (i) requires participants in the program to complete at least one year of residency at a high-need school in the local educational agency participating in the eligible partnership; (ii) requires participants in the program to teach in a high-need school in such local educational agency for at least 3 years after completing residency; and (iii) awards a teaching credential, an undergraduate degree, or a Masters degree that meets State requirements for a teaching license or certification upon completion of the program; (B) establish or support a teacher induction and retention program that-- (i) provides high-quality professional development to teachers to assist them in improving their knowledge, skills, and teaching practices in order to help students to improve their achievement and meet State academic standards; (ii) provides teachers with updated information on developments in curricula, assessments, and educational research, including the manner in which the research and data can be used to improve teaching skills and practice; (iii) provides a mentor teacher and other support for new teachers; and (iv) provides leadership opportunities for teachers, including access to career ladders and roles as curriculum and instructional leaders, mentors, and coaches; and (C) otherwise fulfill the purposes described in subsection (b). (2) Authorized uses.--In addition to the activities described in paragraph (1), a partnership that receives a grant under this section may use the funds for any of the following: (A) Providing support to each mentor teacher working with new teachers. (B) Providing preparation in effective, evidence- based instructional assessment practices and classroom management strategies for general education teachers serving students with disabilities and students with limited English proficiency. (C) Enabling teachers to engage in study groups, professional learning communities, and other collaborative activities and collegial interactions regarding instruction assessment. (D) Paying for release time and substitute teachers in order to enable teachers to participate in professional development and mentoring activities. (E) Creating libraries of professional material, catalogues of expert instruction, and education technology. (F) Providing high-quality professional development for other instructional staff, such as paraprofessionals, librarians, and counselors. (G) Developing partnerships with businesses and community-based organizations. (H) Providing tuition assistance, scholarships, or student loan repayment to teachers. (I) Providing stipends to participants in the teacher preparation program under paragraph (1)(A). (J) Providing support for home visitation, parenting education, and family engagement, especially for parents who have limited English proficiency. (d) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible partnerships that-- (1) demonstrate a plan to recruit teachers from among minority and local candidates and from individuals with disabilities; (2) demonstrate the use of a valid and reliable teacher performance assessment; or (3) include-- (A) an institution of higher education that is an ``eligible institution'' for purposes of the TEACH Grant program under subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.); (B) a Tribal College or University, as defined in section 316(b)(3) of such Act (20 U.S.C. 1059c(b)(3)); (C) an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(a) of such Act (20 U.S.C. 1059g(a)); (D) a Hispanic-serving institution, as defined in section 502(a)(5) of such Act (20 U.S.C. 1101a(a)(5)); or (E) a historically Black college and university, as defined in section 631(a)(5) of such Act (20 U.S.C. 1132(a)). (e) Matching Requirements.-- (1) Federal share.--The Federal share of the cost of any activities funded by a grant received under this section shall not exceed 75 percent. (2) Payment of non-federal share.--The non-Federal share may be paid in cash or in kind, fairly evaluated, including services. (f) Definitions.--In this section: (1) Eligible partnership.--The term ``eligible partnership'' means a partnership-- (A) between a high-need local educational agency and an institution of higher education; and (B) that may include a teacher organization or a nonprofit educational organization. (2) Family engagement.--The term ``family engagement'' means a shared responsibility of families and schools for student success, in which schools and community-based organizations are committed to reaching out to engage families, especially parents of non-Native English speakers, in meaningful ways that encourage the families to actively support their children's learning and development, as well as the learning and development of other children. The shared responsibility is continuous from birth through young adulthood and reinforces learning that takes place in the home, school, and community. (3) High-need local educational agency.--The term ``high- need local educational agency'' means a local educational agency-- (A)(i) that serves not fewer than 10,000 low-income children; (ii) for which not less than 20 percent of the children served by the agency are low-income children; or (iii) that has a percentage of low-income children that is above the highest quartile among such agencies in the State; and (B)(i) for which one or more schools served by the agency has a high percentage of teachers who are not highly qualified; or (ii) for which one or more schools served by the agency has a high teacher turnover rate. (4) Highly qualified.--The term ``highly qualified'' has the meaning given the term in section 9101(23) of the Elementary and Secondary Education Act (20 U.S.C. 7801(23)). The definition given the term ``highly qualified teacher'' in section 163 of Public Law 111-242 shall not apply with respect to this section. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965. (6) Low-income children.--The term ``low-income children'' means-- (A) children from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved; or (B) children who are eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act. (7) Mentor teacher.--The term ``mentor teacher'' means a teacher who-- (A) is highly qualified; (B) has a minimum of 3 years of teaching experience; and (C) is recommended by the principal and other current master and mentor teachers on the basis of-- (i) instructional excellence through observations and other evidence of classroom practice, including standards-based evaluations, such as certification by the National Board for Professional Teaching Standards; (ii) an ability, as demonstrated by evidence of student learning in high-need schools, to increase student learning; and (iii) excellent instruction and communication with an understanding of how to facilitate growth in other teachers, including new teachers. (8) Teacher performance assessment.--The term ``teacher performance assessment'' means a program, based on State or national professional teaching standards, that will measure teachers' curriculum planning, instruction, and assessment of students, including appropriate plans and adaptations for English language learners and students with disabilities, and multiple sources of evidence about student learning. Such assessment will be validated against professional assessment standards and reliably scored by trained external evaluators with appropriate auditing of scoring to ensure consistency. (9) Teaching credential.--The term ``teaching credential'' means a program of instruction for individuals who have completed a baccalaureate degree, that does not lead to a graduate degree, and that consists of courses required by a State for a teacher candidate to receive a professional certification or license that is required for employment as a teacher in an elementary school or secondary school in that State.", "summary": "Equal Access to Quality Education Act of 2011 - Directs the Secretary of Education to award competitive matching grants to partnerships between high-need local educational agencies (LEAs) and institutions of higher education (IHEs) to: (1) establish or support teacher preparation programs, and (2) establish or support teacher induction and retention programs. Requires the teacher preparation programs to: (1) require participants to complete at least one year of residency followed by at least three years of teaching at the LEA's high-need schools, and (2) award participants a teaching credential or degree that meets state requirements for a teaching license or certification upon their completion of the program. Requires the teacher induction and retention programs to provide teachers with: (1) high-quality professional development; (2) updated information on developments in curricula, assessments, and educational research; (3) a mentor teacher and other support if they are new teachers; and (4) leadership opportunities. Allows the grants to be used for certain other activities designed to improve the quality of education in high-need areas. Gives grant priority to partnerships that: (1) have a plan to recruit teachers from among minority and local candidates and the disabled; (2) use a valid and reliable teacher performance assessment; or (3) include an IHE eligible to participate in the TEACH Grant program, a Tribal College or University, an Asian American and Native American Pacific Islander-serving institution, an Hispanic-serving institution, or an historically Black college and university."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing the Pre-Paid Mobile Device Security Gap Act of 2016''. SEC. 2. IDENTIFICATION REQUIREMENT. Prior to the completion of any sale of a pre-paid mobile device or SIM card to a purchaser, an authorized reseller shall require the purchaser to provide the following information: (1) The full name of the purchaser. (2) The complete home address of the purchaser. (3) The date of birth of the purchaser. SEC. 3. IDENTIFICATION VERIFICATION. (a) In-Person Sales.--An authorized reseller making a sale to a purchaser in person shall verify the purchaser information provided under section 2 by requiring the purchaser to display either of the following: (1) A photographic identification card issued by the Federal Government or a State government, or a document considered acceptable for purposes of subparagraph (B), (C), or (D) of section 274A(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)). (2) Any 2 of the following: (A) A Form W-2 Wage and Tax Statement received from the Internal Revenue Service, provided that such form has been received from the Internal Revenue Service within the prior 18 months. (B) A Form 1099 Social Security Benefit Statement received from the Social Security Administration, provided that such form has been received from the Social Security Administration within the prior 18 months. (C) A Form 1099 received from any other agency of the Federal Government other than the Social Security Administration, including the Internal Revenue Service, provided that such form has been received within the prior 18 months. (D) Any document containing personal identifying information that the Attorney General finds, by regulation, to be acceptable for purposes of this section. (b) Other Sales.--An authorized reseller making a sale to a purchaser not in person shall verify the purchaser information provided under section 2 by requiring the purchaser to submit the following information: (1) Valid credit or debit card account information. (2) Social Security number. (3) Driver's license number. (4) Any other personal identifying information that the Attorney General finds, by regulation, to be necessary for purposes of this section. SEC. 4. RECORD MAKING REQUIREMENT. Upon completion of a sale of a pre-paid mobile device or SIM card, an authorized reseller shall make a record of the sale that includes the following information: (1) The information obtained from the purchaser under section 2, and, if applicable, the information submitted by the purchaser under subsection (b) of section 3. (2) The date of sale. (3) The manufacturer of the pre-paid mobile device or SIM card. (4) The wireless carrier that will provide wireless communication service to the pre-paid mobile device or SIM card. (5) Any assigned telephone number or other subscriber or account identifier known at the time of purchase. (6) Any of the following, if applicable to the pre-paid mobile device or SIM card: (A) International mobile equipment identifier number. (B) Electronic serial number. (C) Mobile equipment identifier. (D) International mobile subscriber identifier. (E) Machine address code. SEC. 5. RECORD TRANSMISSION REQUIREMENT. (a) In General.--Not later than 30 days after the sale of a pre- paid mobile device or SIM card, an authorized reseller shall transmit the record of the sale made in accordance with section 4 to the wireless carrier that will provide wireless communication service to the pre-paid mobile device or SIM card. (b) Permissible Means of Transmission.--In complying with the requirements of subsection (a), an authorized reseller may transmit the sale record to the wireless carrier by means of secure electronic transmission. SEC. 6. RECORDKEEPING REQUIREMENT. After an authorized reseller has transmitted a sale record to a wireless carrier in accordance with section 5, the wireless carrier shall-- (1) provide a transmission confirmation receipt to the authorized reseller, after the receipt of which the authorized reseller shall dispose promptly of any retained copy of the record; and (2) retain the transmitted sale record in accordance with the privacy protections of section 222 of the Communications Act of 1934 (47 U.S.C. 222) for a period of 18 months or until the wireless carrier stops or otherwise discontinues providing service to the pre-paid mobile device or SIM card to which the sale record relates. SEC. 7. PENALTIES. (a) False or Misleading Statements.--A purchaser who knowingly provides false or misleading information when providing the identifying information and documents required under sections 2 and 3 shall be fined under title 18, United States Code, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331 of such title), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591 of such title, then the term of imprisonment imposed under this section shall be not more than 8 years. (b) Failure To Comply.-- (1) In general.--The Attorney General shall assess, against an authorized reseller or wireless carrier who commits an offense under this Act, a civil penalty of $50 for each such offense. (2) Separate offense.-- (A) By authorized reseller.--The failure of an authorized reseller, with respect to each separate sale of a pre-paid mobile device or SIM card, to request purchaser identification under section 2, to verify identification under section 3, to make a record under section 4, and to transmit a record under section 5, shall constitute a separate offense. (B) By wireless carrier.--The failure of a wireless carrier, with respect to each separate sale of a pre- paid mobile device or SIM card for which the carrier receives the sale record transmitted under section 5, to provide a transmission confirmation receipt under section 6(1), and to retain the sale record under section 6(2), shall constitute a separate offense. (3) Rule of construction.--Nothing in this section may be construed to-- (A) hold a wireless carrier liable for an offense under this Act committed by an authorized reseller; and (B) hold an authorized reseller liable for an offense under this Act committed by a wireless carrier. SEC. 8. RELATED OFFENSES. (a) Sale by Unauthorized Resellers.-- (1) In general.--It shall be unlawful for any person who is not an authorized reseller to sell a pre-paid mobile device or SIM card. (2) Penalty.--Whoever knowingly violates paragraph (1) shall be imprisoned for not more than 2 years or fined under title 18, United States Code, or both. (3) Notice.--The Attorney General shall make rules requiring a manufacturer or authorized reseller to notify a purchaser of a mobile device or SIM card of the offense and penalty established by this section. (b) Commission of Other Crimes.--If a person knowingly uses a pre- paid mobile device or SIM card obtained by providing false or misleading information in violation of section 2 or 3 to commit a Federal criminal offense, the minimum term of imprisonment for such offense that is required under Federal statute (if any such minimum term is so required) shall be increased by 1 year. SEC. 9. PRESERVATION OF STATE LAW. Nothing in this Act is intended to preempt additional State requirements with respect to the distribution and sale of mobile devices or SIM cards, or to otherwise prevent or prohibit any State from enacting any such requirements. SEC. 10. DEFINITIONS. In this Act: (1) Authorized reseller.--The term ``authorized reseller'' means any person authorized by-- (A) a manufacturer to sell the manufacturer's mobile devices or SIM cards; or (B) a wireless carrier to sell pre-paid mobile devices or SIM cards to which the wireless carrier will provide wireless communication service. (2) Pre-paid mobile device.--The term ``pre-paid mobile device'' means any cellular phone or similar wireless communication device for which the mobile device user purchases a set allotment of wireless communication service. (3) SIM card.--The term ``SIM card'' means a subscriber identity module or functionally equivalent data storage device. (4) Wireless carrier.--The term ``wireless carrier'' means a provider of wireless communication service. (5) Wireless communication service.--The term ``wireless communication service'' means commercial mobile service (as defined in section 332 of the Communications Act of 1934 (47 U.S.C. 332)) or commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)).", "summary": "Closing the Pre-Paid Mobile Device Security Gap Act of 2016 This bill requires authorized resellers of pre-paid mobile devices or SIM cards to require purchasers to provide their name, home address, and date of birth. For in-person sales, an authorized reseller must require purchasers to display for verification: (1) a government-issued photographic identification card or a document acceptable under the Immigration and Nationality Act for employment authorization or establishing identity; and (2) any two of a Form W-2 Wage and Tax Statement from the Internal Revenue Service, a Form 1099 Social Security Benefit Statement or a Form 1099 from another federal agency, or a document containing personal identifying information that the Department of Justice (DOJ) finds to be acceptable. For all other sales, an authorized reseller must require purchasers to submit their: (1) credit or debit card account information, (2) Social Security number, (3) driver's license number, and (4) any personal identifying information that DOJ finds to be necessary. Authorized resellers must make a record of their sales that includes: (1) the information obtained from purchasers to verify their identity; (2) the date of sale; (3) the manufacturer and the wireless carrier of the device or SIM card; (4) any assigned telephone number or other identifier of the subscriber or account; and (5) if applicable, the international mobile equipment identifier number, electronic serial number, mobile equipment identifier, international mobile subscriber identifier, and machine address code. Within 30 days after a sale, an authorized reseller must transmit such record to the wireless carrier for the device or SIM card. Purchasers are subject to criminal penalties for providing false or misleading identifying information or documents. A civil penalty is established for authorized resellers or wireless carriers who fail to comply with this Act. The bill also prohibits and establishes criminal penalties for the sale of a pre-paid mobile device or SIM card by a person who is not an authorized reseller."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Export Promotion Act of 1994''. SEC. 2. PROMOTION OF UNITED STATES ENVIRONMENTAL EXPORTS. (a) Environmental Technologies Trade Advisory Committee.--Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728) is amended-- (1) by striking subsection (d); (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following new subsections: ``(c) Environmental Technologies Trade Advisory Committee.-- ``(1) Establishment and purpose.--The Secretary, in carrying out the duties of the chairperson of the TPCC, shall establish the Environmental Technologies Trade Advisory Committee (hereafter in this section referred to as the `Committee'). The purpose of the Committee shall be to provide advice and guidance to the Working Group in the development and administration of programs to expand United States exports of environmental technologies, goods, and services. ``(2) Membership.-- ``(A) In general.--The members of the Committee shall be drawn from representatives of-- ``(i) environmental businesses, including small businesses; ``(ii) trade associations in the environmental sector; ``(iii) private sector organizations involved in the promotion of environmental exports; ``(iv) the States (as defined in section 2301(j)(5)) and associations representing the States; and ``(v) other appropriate interested members of the public. ``(B) Committee composition.--The Secretary shall appoint as members of the Committee no fewer than 1 individual under each of clauses (i) through (v) of subparagraph (A). ``(d) Export Plans for Priority Countries.-- ``(1) Priority country identification.--The Working Group, in consultation with the Committee, shall annually assess which foreign countries have markets with the greatest potential for the export of United States environmental technologies, goods, and services. Of these countries, the Working Group shall select the 5 countries with the greatest potential for the application of United States Government export promotion resources related to environmental exports as `priority countries'. ``(2) Export plans.--The Working Group, in consultation with the Committee, shall annually create a plan for each priority country selected under paragraph (1), setting forth in detail ways to increase United States environmental exports to such country. Each plan shall-- ``(A) identify the primary public and private sector opportunities for United States exporters of environmental technologies, goods, and services in the priority country; ``(B) analyze the financing and other requirements for major projects in the priority country which will use environmental technologies, goods, and services, and analyze whether such projects are dependent upon financial assistance from foreign countries or multilateral institutions; and ``(C) list specific actions to be taken by the member agencies of the Working Group to increase United States exports to the priority country.''. (b) Additional Mechanisms To Promote Environmental Exports.-- Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728) is amended by adding at the end the following: ``(f) Environmental Technologies Specialists in the United States and Foreign Commercial Service.-- ``(1) Assignment of environmental technologies specialists.--The Secretary shall assign a specialist in environmental technologies to the office of the United States and Foreign Commercial Service in each of the 5 priority countries selected under subsection (d)(1), and the Secretary is authorized to assign such a specialist to the office of the United States and Foreign Commercial Service in any country that is a promising market for United States exports of environmental technologies, goods, and services. Such specialist may be an employee of the Department of Commerce, an employee of any relevant Government department or agency assigned on a temporary or limited term basis to the Department of Commerce, or a representative of the private sector assigned to the Department of Commerce. ``(2) Duties of environmental technologies specialists.-- Each specialist assigned under paragraph (1) shall provide export promotion assistance to United States environmental businesses, including-- ``(A) identifying factors in the country to which the specialist is assigned that affect the United States share of the domestic market for environmental technologies, goods, and services, including market barriers, standards-setting activities, and financing issues; ``(B) providing assessments of assistance by foreign governments to producers of environmental technologies, goods, and services in such countries in order to enhance exports to the country to which the specialist is assigned, the effectiveness of such assistance on the competitiveness of United States products, and whether comparable United States assistance exists; ``(C) training Foreign Commercial Service Officers in the country to which the specialist is assigned, other countries in the region, and United States and Foreign Commercial Service offices in the United States, in environmental technologies and the international environmental market; ``(D) providing assistance in identifying potential customers and market opportunities in the country to which the specialist is assigned; ``(E) providing assistance in obtaining necessary business services in the country to which the specialist is assigned; ``(F) providing information on environmental standards and regulations in the country to which the specialist is assigned; and ``(G) providing information on all United States programs that could assist the promotion, financing, and sale of United States environmental technologies, goods, and services in the country to which the specialist is assigned. ``(g) Environmental Training in One-Stop Shops.--In addition to the training provided under subsection (f)(2)(C), the Secretary shall establish a mechanism to train-- ``(1) Commercial Service Officers assigned to the one-stop shops provided for in section 2301(b)(8); and ``(2) Commercial Service Officers assigned to district offices in districts having large numbers of environmental businesses; in environmental technologies and in the international environmental marketplace, and ensure that such officers receive appropriate training under such mechanism. Such training may be provided by officers or employees of the Department of Commerce, and other United States departments and agencies, with appropriate expertise in environmental technologies and the international environmental workplace, and by appropriate representatives of the private sector. ``(h) International Regional Environmental Initiatives.-- ``(1) Establishment of initiatives.--The TPCC shall establish not less than one international regional environmental initiative, the purpose of which shall be to coordinate the activities of Federal departments and agencies in order to build environmental partnerships between the United States and the geographic region outside of the United States for which such initiative is established. Such partnerships shall enhance environmental protection and promote sustainable development by using technical expertise and financial resources of the United States departments and agencies that provide foreign assistance, and by expanding United States exports of environmental technologies, goods, and services to that region. ``(2) Activities.--In carrying out each international regional environmental initiative, the TPCC shall-- ``(A) support the development of sound environmental policies and practices in countries in the geographic region for which the initiative is established, including the development of environmentally sound regulatory regimes and enforcement mechanisms, through the provision of foreign assistance; ``(B) identify and disseminate to United States environmental businesses information regarding specific environmental business opportunities in that geographic region; ``(C) coordinate existing Federal efforts to promote environmental exports to that geographic region, and ensure that such efforts are fully coordinated with environmental export promotion efforts undertaken by the States and the private sector; ``(D) increase assistance provided by the United States to promote exports from the United States of environmental technologies, goods, and services to that geographic region, such as trade missions, reverse trade missions, trade fairs, and programs in the United States to train foreign nationals in United States environmental technologies; and ``(E) increase high-level advocacy by Government officials (including the United States ambassadors to the countries in the geographic region outside of the United States) for United States environmental businesses seeking market opportunities in that geographic region. ``(i) Environmental Technologies Project Advocacy Calendar and Information Dissemination Program.--The Working Group shall-- ``(1) maintain a calendar, updated at the end of each calendar quarter, of significant opportunities for United States environmental businesses in foreign markets and trade promotion events, which shall-- ``(A) be made available to the public; ``(B) identify not less than 50 nor more than 100 environmental infrastructure and procurement projects in foreign markets that have the greatest potential in the calendar quarter for United States exports of environmental technologies, goods, and services; and ``(C) include trade promotion events, such as trade missions and trade fairs, in the environmental sector; and ``(2) provide, through the National Trade Data Bank and other information dissemination channels, information on opportunities for environmental businesses in foreign markets and information on Federal export promotion programs. ``(j) Regional Centers.--The Secretary, through the Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service, is authorized to provide matching funds for the establishment in the United States of regional environmental business and technology cooperation centers that will draw upon the expertise of the private sector and institutions of higher education and existing Federal programs to provide export promotion assistance related to environmental technologies, goods, and services. ``(k) Definition.--For purposes of this section, the term `environmental business' means a business that produces environmental technologies, goods, or services.''.", "summary": "Environmental Export Promotion Act of 1994 - Amends the Export Enhancement Act of 1988 to direct the Secretary of Commerce to establish the Environmental Technologies Trade Advisory Committee to advise and guide the Environmental Trade Promotion Working Group in the development and administration of programs to expand U.S. exports of environmental technologies, goods, and services. Requires the Working Group to assess annually which foreign countries have markets with the greatest potential for such exports, and select five of them as priority countries for the application of U.S. Government export promotion resources. Requires the Working Group to create annual plans for each priority country, detailing ways to increase U.S. environmental exports to such country. Directs the Secretary to assign a specialist in environmental technologies to the office of the United States and Foreign Commercial Service in each of the five priority countries, and authorize similar assignments in any countries that are promising markets for such exports. Specifies the duties of such specialists. Requires the Secretary to establish: (1) a mechanism to give environmental technology and international environmental marketplace training to Commercial Service Officers assigned to one-stop shops and to district offices in districts with large numbers of environmental businesses; and (2) ensure that such officers receive appropriate training under such mechanism. Directs the Trade Promotion Coordinating Committee (TPCC) to establish not less than one international regional environmental initiative to coordinate Federal activities to build environmental partnerships between the United States and the geographic region outside the United States for which such an initiative is established. Specifies TPCC activities in carrying out such initiative. Directs the Working Group to maintain an environmental technologies project advocacy calendar, updated quarterly, identifying and providing information on significant project opportunities for U.S. environmental businesses in foreign markets and trade promotion events. Authorizes the Secretary to provide matching funds for the establishment in the United States of regional environmental business and technology cooperation centers that will draw upon the expertise of the private sector, institutions of higher education, and existing Federal programs to provide export promotion assistance related to environmental technologies, goods, and services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Abraham Lincoln Study Abroad Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) According to President George W. Bush, ``America's leadership and national security rest on our commitment to educate and prepare our youth for active engagement in the international community.''. (2) According to former President William J. Clinton, ``Today, the defense of United States interests, the effective management of global issues, and even an understanding of our Nation's diversity require ever-greater contact with, and understanding of, people and cultures beyond our borders.''. (3) Congress created the Commission on the Abraham Lincoln Study Abroad Fellowship Program in section 104(a) of Division H of the Consolidated Appropriations Act, 2004 (Public Law 108- 199). Pursuant to its mandate, the Commission has submitted to Congress and the President a report of its recommendations for greatly expanding the opportunity for students at institutions of higher education in the United States to study abroad, with special emphasis on studying in developing nations and nontraditional study abroad destinations. (4) Studies consistently show that United States students score below their counterparts in other advanced countries on indicators of international knowledge. This lack of global literacy is a national liability in an age of global trade and business, global interdependence, and global terror. (5) By numbers ranging from 77 to more than 90 percent, Americans believe that it is important for their children to learn other languages, study abroad, attend a college where they can interact with international students, learn about other countries and cultures, and generally be prepared for the global age, according to a December 2005 national survey conducted by Lake Research Partners and the Tarrance Group. (6) In today's world, it is more important than ever for the United States to be a responsible, constructive leader that other countries are willing to follow. Such leadership cannot be sustained without an informed citizenry with much more knowledge and awareness of the world than most Americans tend to possess. (7) Study abroad has proven to be a very effective means of imparting international and foreign-language competency to students. (8) In the 2003-2004 academic year, an estimated 16,910,000 students were enrolled in United States postsecondary institutions, yet only 191,321, representing approximately 1 percent of those students, studied abroad for academic credit, according to the National Center for Education Statistics and the Institute of International Education, respectively. (9) Less than 10 percent of the students who graduate from United States institutions of higher education with bachelors degrees have studied abroad. (10) Far more study abroad must take place in the developing countries. Ninety-five percent of the world's population growth is anticipated to occur outside of Europe in the future. Yet in the academic year 2003-2004, 61 percent of United States students studying abroad studied in Europe, and 46 percent studied in the 4 countries of the United Kingdom, Italy, Spain, and France, according to the Institute of International Education. (11) Study abroad helps to build mutual understanding among nations and serves to promote national leadership in the United States, international effectiveness, and economic competitiveness by helping to create a globally literate citizenry. (12) The Senate designated 2006 as the Year of Study Abroad, raising awareness of the importance of study abroad. (13) To complement such worthwhile Federal programs as the Benjamin A. Gilman International Scholarship Program and the National Security Education Program, a broad-based undergraduate study abroad program is needed that will democratize study abroad and make opportunities of study abroad accessible to all undergraduate students, regardless of their field of study, ethnicity, socio-economic status, or gender. (14) A majority of barriers to study abroad are due to institutional policies at the campus level, according to a report of the Strategic Task Force on Education Abroad issued by NAFSA: Association of International Educators. (15) To make study abroad an integral part of undergraduate students' education, regardless of field of study, ethnicity, socio-economic status, or gender, institutions of higher education should address institutional barriers that stand in the way of study abroad. (16) According to the Institute of International Education, the percentages of African-American, Asian-American, and Hispanic-American students among individuals studying abroad are extremely low and underrepresentative of the numbers of those students in the general student population. (17) The majority of students who study abroad are students in the social sciences, humanities, and foreign languages, while students who major in engineering, mathematics, computer science, or education are underrepresented in study abroad programs. Within the total enrolled United States undergraduate population, approximately 10.7 percent of United States students majoring in business have studied abroad, 8 percent of United States students majoring in engineering have studied abroad, and 5.9 percent of United States students majoring in education have studied abroad. (18) Recognizing that the international scope of scientific research in United States institutions of higher education and government facilities is often conducted by foreign-born scientists, the effectiveness of their work will be greatly enhanced by United States researchers who have similarly spent time studying abroad. (b) Purpose.--It is the purpose of this Act-- (1) to encourage not less than 1,000,000 undergraduate students in United States institutions of higher education to study abroad for academic credit within 10 years of the date of enactment of this Act; and (2) to establish an Abraham Lincoln Study Abroad Program that-- (A) reflects the demographics of the United States undergraduate population, including undergraduate students in technical and scientific fields of study; (B) ensures an increasing portion of study abroad takes place in nontraditional study abroad destinations, with a substantial portion of such increases taking place in developing countries; and (C) is accessible by students at diverse types of institutions of higher education, including 2-year institutions, minority-serving institutions, and institutions that serve nontraditional students. SEC. 3. DEFINITIONS. In this Act: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (2) Minority-serving institution.--The term ``minority- serving institution'' means-- (A) a part B institution, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (B) a Hispanic-serving institution, as defined in section 502(a) of such Act (20 U.S.C. 1101a(a)); or (C) another school that traditionally serves a racial or ethnic minority, as determined by the Secretary after consultation with the Secretary of Education. (3) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 4. ABRAHAM LINCOLN STUDY ABROAD PROGRAM. (a) In General.--The Secretary is authorized to establish and carry out an Abraham Lincoln Study Abroad Program to facilitate the participation of undergraduate students in study abroad for academic credit. The program shall consist of the following: (1) Fellowships for undergraduate students.-- (A) Fellowships.--From amounts made available under section 5(1), the Secretary shall award fellowships to undergraduate students to enable the students to study abroad for academic credit. (B) Designation.--Fellowships awarded under this paragraph shall be known as ``Lincoln Fellowships''. (2) Grants to institutions of higher education.-- (A) In general.--From amounts made available under section 5(2), the Secretary shall award grants to institutions of higher education-- (i) to enable the institutions of higher education to award fellowships to undergraduate students to enable the students to study abroad for academic credit; and (ii) for the reform of academic programs and institutional policies that inhibit participation by students in study abroad. (B) Designation.--Grants awarded under this paragraph shall be known as ``Lincoln Institutional Leverage Grants''. (C) Limitation.--Each institution of higher education that receives a grant under this paragraph shall use not less than 85 percent of the grant funds to award fellowships to students under subparagraph (A)(i). (b) Fellowship Award Rules.--The Secretary shall ensure that-- (1) fellowships awarded under subsections (a)(1)(A) and (a)(2)(A)(i) reflect the demographics of the United States undergraduate population; and (2) there is an annual increase in the number or percentage of fellowships awarded under subsections (a)(1)(A) and (a)(2)(A)(i) for study abroad taking place in nontraditional study abroad destinations, with a substantial portion of such increase taking place in developing countries. (c) Program Development and Implementation.--The Secretary shall, to the extent practicable, consult with nonprofit and private organizations with experience in programs involving study abroad for academic credit, in establishing and carrying out the Abraham Lincoln Study Abroad Program. (d) Coordination With Other Federal Study Abroad Activities.--The Secretary may integrate the activities assisted under this section with other undergraduate study abroad activities supported by the Department of State, the Department of Education, and the Department of Defense. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2008 and for each of the 4 succeeding fiscal years, of which-- (1) 25 percent of such sums shall be available to carry out section 4(a)(1) for each fiscal year; and (2) 75 percent of such sums shall be available to carry out section 4(a)(2) for each fiscal year.", "summary": "Abraham Lincoln Study Abroad Act of 2006 - Authorizes the Secretary of State to establish an Abraham Lincoln Study Abroad Program to facilitate undergraduate study abroad for academic credit. States that the Program shall consist of: (1) undergraduate fellowships (Lincoln Fellowships); and (2) grants to institutions of higher education (Lincoln Institutional Leverage Grants)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Preservation for Parents in Poverty Act''. SEC. 2. EXTENSION AND MODIFICATION OF THE TANF EMERGENCY FUND. (a) Extension.-- (1) In general.--Section 403(c) of the Social Security Act (42 U.S.C. 603(c)) is amended-- (A) in paragraph (2)(A), by inserting ``, and for the first quarter of fiscal year 2011, $500,000,000'' before ``for payment''; (B) by striking paragraph (2)(B) and inserting the following: ``(B) Availability and use of funds.-- ``(i) Fiscal years 2009 and 2010.--The amounts appropriated to the Emergency Fund under subparagraph (A) for fiscal year 2009 shall remain available through fiscal year 2010 and shall be used to make grants to States in each of fiscal years 2009 and 2010 in accordance with paragraph (3), except that the amounts shall remain available through fiscal year 2011 to make grants and payments to States in accordance with paragraph (3)(C) to cover expenditures to subsidize employment positions held by individuals placed in the positions before fiscal year 2011. ``(ii) Fiscal year 2011.--Subject to clause (iii), the amounts appropriated to the Emergency Fund under subparagraph (A) for the first quarter of fiscal year 2011 shall remain available through fiscal year 2012 and shall be used to make grants to States based on expenditures in the first quarter of fiscal year 2011 for benefits and services provided in the first quarter of fiscal year 2011 in accordance with the requirements of paragraph (3). ``(iii) Reservation of funds.--Of the amounts appropriated to the Emergency Fund under subparagraph (A) for the first quarter of fiscal year 2011, $500,000 shall be placed in reserve for use in fiscal year 2012, and shall be used to award grants for any expenditures described in this subsection incurred by States after December 31, 2010.''; (C) in paragraph (2)(C), by striking ``2010'' and inserting ``2012''; (D) in paragraph (3)-- (i) in clause (i) of each of subparagraphs (A), (B), and (C)-- (I) by inserting ``, and the first calendar quarter of fiscal year 2011,'' after ``2009 or 2010,''; (II) by striking ``and'' at the end of subclause (I); (III) by striking the period at the end of subclause (II) and inserting ``; and''; and (IV) by adding at the end the following: ``(III) if the quarter is in fiscal year 2011, has provided the Secretary with such information as the Secretary may find necessary in order to make the determinations, or take any other action, described in paragraph (5)(C).''; and (ii) in subparagraph (C), by adding at the end the following: ``(iv) Limitation on expenditures for subsidized employment.--An expenditure for subsidized employment shall be taken into account under clause (ii) only if the expenditure is used to subsidize employment for-- ``(I) a member of a needy family (without regard to whether the family is receiving assistance under the State program funded under this part); or ``(II) an individual who has exhausted (or, within 60 days, will exhaust) all rights to receive unemployment compensation under Federal and State law, and who is a member of a needy family.''; (E) by striking paragraph (5) and inserting the following: ``(5) Limitations on payments; adjustment authority.-- ``(A) Fiscal years 2009 and 2010.--The total amount payable to a single State under subsection (b) and this subsection for fiscal years 2009 and 2010 combined shall not exceed 50 percent of the annual State family assistance grant. ``(B) Fiscal year 2011.--Subject to subparagraph (C), the total amount payable to a single State under subsection (b) and this subsection for the first quarter of fiscal year 2011 shall not exceed 5 percent of the annual State family assistance grant. ``(C) Adjustment authority.--If the Secretary determines that the Emergency Fund is at risk of being depleted before December 31, 2010, or that funds are available to accommodate additional State requests under this subsection, the Secretary may, through program instructions issued without regard to the requirements of section 553 of title 5, United States Code-- ``(i) specify priority criteria for awarding grants to States during the first quarter of fiscal year 2011; and ``(ii) adjust the percentage limitation applicable under subparagraph (B) with respect to the total amount payable to a single State for the first quarter of fiscal year 2011.''; and (F) in paragraph (6), by inserting ``or for expenditures described in paragraph (3)(C)(iv)'' before the period. (2) Conforming amendments.--Section 2101 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended-- (A) in subsection (a)(2)-- (i) by striking ``October 1, 2010'' and inserting ``January 1, 2011''; and (ii) by striking all that follows ``repealed'' and inserting a period; and (B) in subsection (d)(1), by striking ``October 1, 2010'' and inserting ``January 1, 2011''. (b) Modification of Grant Requirements.-- (1) In general.--Effective October 1, 2010, section 403(c) of the Social Security Act (42 U.S.C. 603(c)), as amended by subsection (a), is amended-- (A) in paragraph (3)(A)-- (i) by striking ``related to caseload increases'' in the heading and inserting ``related to increased expenditures''; (ii) by striking clause (ii) and redesignating clause (iii) as clause (ii); and (iii) by striking ``each State that'' and all that follows in clause (i) and inserting ``each State that requests a grant under this subparagraph for the quarter, to the extent provided in clause (ii)''; (B) in paragraph (4), by striking ``the caseload of a State and''; and (C) in paragraph (9)-- (i) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (ii) by striking ``The average monthly assistance caseload of the State.'' in clause (ii)(I) and inserting ``The average quarterly total expenditures of the State for basic assistance (as defined by the Secretary under paragraph (3)(A)(ii)).''. (2) Conforming amendments.--Effective October 1, 2010, section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3)) is amended-- (A) by striking ``(within the meaning of section 403(c)(9))'' in subparagraph (A)(i); and (B) by adding at the end the following new subparagraph: ``(C) Average monthly assistance caseload.--For purposes of this paragraph, the term `average monthly assistance caseload' means, with respect to a State and a quarter, the number of families receiving assistance during the quarter under the State program funded under this part or as qualified State expenditures, subject to adjustment by the Secretary as permitted by section 403(c)(4).''. (c) Program Guidance.--The Secretary of Health and Human Services shall issue program guidance, without regard to the requirements of section 553 of title 5, United States Code, which ensures that the funds provided under the amendments made by this section to a jurisdiction for subsidized employment do not support any subsidized employment position the annual salary of which is greater than, at State option-- (1) 200 percent of the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section 673(2)) for a family of 4; or (2) the median wage in the jurisdiction. SEC. 3. FUNDING LEVEL OF TANF CONTINGENCY FUND. Notwithstanding any other provision of law, the total amount appropriated for the Contingency Fund for State Welfare Programs established under section 403(b) of the Social Security Act (42 U.S.C. 603(b)) shall be-- (1) for fiscal year 2012, $112,000,000; and (2) for fiscal year 2013, $612,000,000.", "summary": "Job Preservation for Parents in Poverty Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to revise and extend the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs (Emergency Contingency Fund) at current levels through the first quarter of FY2011. Places a certain amount of appropriations in reserve for use in FY2012. Prohibits the Secretary of Health and Human Services (HHS) from making a grant from the Emergency Contingency Fund for a fiscal year after FY2012. Limits expenditures for subsidized employment to employment for: (1) a member of a needy family (without regard to whether the family is receiving assistance under the state TANF program); or (2) a member of a needy family who has exhausted (or, within 60 days, will exhaust) all rights to receive unemployment compensation under federal and state law. Reduces the funding level of the (regular) Contingency Fund for State Welfare Programs for FY2012 and FY2013 (to offset appropriations for this Act)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Recreation and Conservation Endowment Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. (a) Congress finds that: (1) The Land and Water Conservation Fund Act of 1965 enbodied a visionary concept--that a portion of the proceeds from Outer Continental Shelf mineral leasing revenues and the depletion of a nonrenewable natural resource should result in a legacy of public places accessible for public recreation and benefit from resources belongings to all people, of all generations, and the enhancement of the most precious and most renewable natural resource of any nation, healthy and active citizens. (2) The States and local governments were to occupy a pivotal role in accomplishing the purposes of the Land and Water Conservation Fund Act of 1965 and the Act originally provided an equitable portion of funds to the States, and through them, to local governments. (3) However, because of competition for limited federal monies and the need for an annual appropriation, this original intention has been abandoned and, in recent years, the States have not received an equitable proportion of funds. (4) Nonetheless, with population growth and urban sprawl, the demand for recreation areas and open spaces, at the state and local level, remains a high priority for our citizens. (5) A new vision is called for--a vision that encompasses a multi-level national network of parks, recreation areas, open space preserves and greenways that reaches across the country to touch all communities. National parks are not enough; the federal government alone cannot accomplish this. A bold national vision, backed by realistic national funding support, to stimulate state, local and private sector, as well as federal efforts, is the only way to effectively address our ongoing recreation and open space conservation needs. (6) On June 19, 1997, the United States Supreme Court held in United States v. Alaska (No. 84 original) that the United States retains title to lands underlying the tidal waters off the State of Alaska's North Slope. (7) As a result of the Supreme Court decision, approximately $1,600,000,000 in escrowed oil and gas lease sale revenues are to be received by the United States. These funds are double the amount included by the Congressional Budget Office in revenue estimates for the concurrent resolution on the budget. (8) By placing these escrowed funds in an interest bearing account a permanent source of monies for state and local recreation and conservation acquisition, planning and development can be established. (b) Purpose.--The purpose of this Act is to revitalize state, local and private commitments envisioned in the Land and Water Conservation Fund Act of 1965 by creating a new Community Recreation and Conservation Endowment with the escrowed oil and gas lease sale revenues received by the United States pursuant to the Supreme Court decision in United States v. Alaska to provide funding for state, local and urban recreation and conservation needs. SEC 3. COMMUNITY RECREATION AND CONSERVATION ENDOWMENT. Section 6 of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-8) is amended by inserting the following new subsection at the beginning: ``(a) Community Recreation and Conservation Endowment.-- ``(1) Special account.--Notwithstanding any other provision of law, all escrowed oil and gas revenues and interest received by the United States pursuant to the June 19, 1997 Supreme Court decision in United States v. Alaska shall be deposited in a special account in the Treasury of the United States, to be known as the `Community Recreation and Conservation Endowment Account', for use pursuant to the provisions of this section. ``(2) Investment of special account.--All funds deposited as principal in the Community Recreation and Conservation Endowment Account shall earn interest in the amount determined by the Secretary of the Treasury. Such interest shall be added to the principal of the account and be expended according to the provisions of this section. ``(3) Expenditure of special account.--Interest on the Community Recreation and Conservation Endowment Account shall be available without further appropriation at the beginning of each fiscal year for expenditure by the Secretary of the Interior (hereinafter referred to as the `Secretary') for purposes of providing monies to the states according to the provisions of this section.''. SEC. 4. GENERAL AUTHORITY. Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended-- (1) by redesignating subsections (a) through (h) as subsections (b) through (i) respectively; (2) by striking the first sentence of subsection (b) (as so redesignated) and replacing with ``The Secretary is authorized to provide financial assistance to the States from interest earned on the Community Recreation and Conservation Endowment.''; and (3) by adding the following new sentence at the end of subsection (b) (as so redesignated): ``Absent some compelling and annually documented reason to the contrary acceptable to the Secretary, each State (other than an area treated as a State under section 6(c)(6)) shall make available as grants to local governments and other qualified recipients, at least one- half of the average annual State apportionment, or an equivalent amount made available from other sources.''. SEC. 5. APPORTIONMENT. Section 6(c) of the Land and Water Conservation Fund (16 U.S.C. 460l-8(c)) (as so redesignated) is amended-- (1) by striking the first sentence of subsection (c) and paragraphs (1), (2), and (3) and inserting the following: ``(c) Apportionment Among States; Notification.--Interest earned on the Community Recreation and Conservation Endowment shall be apportioned annually among the several States by the Secretary, whose determination shall be final, in accordance with the following formula: ``(1) Sixty percent shall be apportioned equally among the several States. ``(2) Twenty percent shall be apportioned on the basis of the proportion which the population of each State bears to the total population of the United States. ``(3) Twenty percent shall be apportioned on the basis of the urban population in each State (as defined by Metropolitan Statistical Areas). ``(4) The total allocation to an individual State under paragraphs (1) through (3) shall not exceed 10 percent of the total amount allocated to the several States in any one year.''; and (2) by redesignating paragraphs (4) and (5) of subsection (c) (as so redesignated) as paragraphs (5) and (6) respectively. SEC. 6. FUNDS FOR INDIAN TRIBES. Section 6(c)(6) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(c)(6)) (as so redesignated) is amended-- (1) by inserting ``(A)'' after ``(6)''; and (2) by adding at the end the following new subparagraph: ``(B) For the purposes of paragraph (1), all federally recognized Indian tribes and Alaska Native Village Corporations (as defined in section 3(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(j)) shall be treated collectively as one State, and shall receive shares of the apportionment under paragraph (1) in accordance with a competitive grant program established by the Secretary by rule. Such rule shall ensure that in each fiscal year no single tribe or Village Corporation receives more than 10 percent of the total amount made available to all tribes and Village Corporations pursuant to the apportionment under paragraph (1). Funds received by an Indian tribe or Village Corporation under this subparagraph may be expended only for the purposes specified in paragraphs (1) and (3) of subsection (b). Receipt in any given year of an apportionment under this section shall not prevent an Indian tribe or Village Corporation from receiving grants for other purposes under than regular apportionment of the State in which it is located.''. SEC. 7. CONFORMING AMENDMENTS. Section 5 of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-7) is amended by striking ``Not less than 40 per centum of such appropriations shall be available for Federal purposes.''.", "summary": "Community Recreation and Conservation Endowment Act of 1997 - Amends the Land and Water Conservation Fund Act of 1965 to require all escrowed oil and gas revenues and interest received by the United States pursuant to the June 19, 1997, Supreme Court decision in United States v. Alaska to be deposited in a special Treasury account known as the Community Recreation and Conservation Endowment Account. Authorizes financial assistance to States from interest earned on the Account. Requires States to make at least one-half of the average annual apportionment of assistance available to local governments and other qualified recipients. Provides for annual apportionment of such interest among the States and revises the existing apportionment formula. Treats Indian tribes and Alaska Native village corporations collectively as one State for assistance purposes and apportions interest in accordance with a competitive grant program, such that no tribe or corporation receives more than ten percent of the total amount made available to all tribes and corporations. Permits such funds to be expended only for outdoor recreation planning or development. Provides that receipt of such funds shall not prevent a tribe or corporation from receiving grants for other purposes under the regular apportionment of the State in which it is located. Removes a requirement that at least 40 percent of appropriations from the Land and Water Conservation Fund be available for Federal purposes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Fuel Standard Act of 2009'' or the ``OFS Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The status of oil as a strategic commodity, which derives from its domination of the transportation sector, presents a clear and present danger to the United States; (2) in a prior era, when salt was a strategic commodity, salt mines conferred national power and wars were fought over the control of such mines; (3) technology, in the form of electricity and refrigeration, decisively ended salt's monopoly of meat preservation and greatly reduced its strategic importance; (4) fuel competition and consumer choice would similarly serve to end oil's monopoly in the transportation sector and strip oil of its strategic status; (5) the current closed fuel market has allowed a cartel of petroleum exporting countries to inflate fuel prices, effectively imposing a harmful tax on the economy of the United States; (6) much of the inflated petroleum revenues the oil cartel earns at the expense of the people of the United States are used for purposes antithetical to the interests of the United States and its allies; (7) alcohol fuels, including ethanol and methanol, could potentially provide significant supplies of additional fuels that could be produced in the United States and in many other countries in the Western Hemisphere that are friendly to the United States; (8) alcohol fuels can only play a major role in securing the energy independence of the United States if a substantial portion of vehicles in the United States are capable of operating on such fuels; (9) it is not in the best interest of United States consumers or the United States Government to be constrained to depend solely upon petroleum resources for vehicle fuels if alcohol fuels are potentially available; (10) existing technology, in the form of flexible fuel vehicles, allows internal combustion engine cars and trucks to be produced at little or no additional cost, which are capable of operating on conventional gasoline, alcohol fuels, or any combination of such fuels, as availability or cost advantage dictates, providing a platform on which fuels can compete; (11) the necessary distribution system for such alcohol fuels will not be developed in the United States until a substantial fraction of the vehicles in the United States are capable of operating on such fuels; (12) the establishment of such a vehicle fleet and distribution system would provide a large market that would mobilize private resources to substantially advance the technology and expand the production of alcohol fuels in the United States and abroad; (13) the United States has an urgent national security interest to develop alcohol fuels technology, production, and distribution systems as rapidly as possible; (14) new cars sold in the United States that are equipped with an internal combustion engine should allow for fuel competition by being flexible fuel vehicles, and new diesel cars should be capable of operating on biodiesel; and (15) such an open fuel standard would help to protect the United States economy from high and volatile oil prices and from the threats caused by global instability, terrorism, and natural disaster. SEC. 3. OPEN FUEL STANDARD FOR TRANSPORTATION. Chapter 329 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 32920. OPEN FUEL STANDARD FOR TRANSPORTATION. ``(a) Definitions.--In this section: ``(1) E85.--The term `E85' means a fuel mixture containing 85 percent ethanol and 15 percent gasoline by volume. ``(2) Flexible fuel automobile.--The term `flexible fuel automobile' means an automobile that has been warranted by its manufacturer to operate on gasoline, E85, and M85. ``(3) Fuel choice-enabling automobile.--The term `fuel choice-enabling automobile' means-- ``(A) a flexible fuel automobile; or ``(B) an automobile that has been warranted by its manufacturer to operate on biodiesel. ``(4) Light-duty automobile.--The term `light-duty automobile' means-- ``(A) a passenger automobile; or ``(B) a non-passenger automobile. ``(5) Light-duty automobile manufacturer's annual covered inventory.--The term `light-duty automobile manufacturer's annual covered inventory' means the number of light-duty automobiles powered by an internal combustion engine that a manufacturer, during a given calendar year, manufactures in the United States or imports from outside of the United States for sale in the United States. ``(6) M85.--The term `M85' means a fuel mixture containing 85 percent methanol and 15 percent gasoline by volume. ``(b) Open Fuel Standard for Transportation.-- ``(1) In general.--Except as provided in paragraph (2), each light-duty automobile manufacturer's annual covered inventory shall be comprised of-- ``(A) not less than 50 percent fuel choice-enabling automobiles in 2012, 2013, and 2014; and ``(B) not less than 80 percent fuel choice-enabling automobiles in 2015, and in each subsequent year. ``(2) Temporary exemption from requirements.-- ``(A) Application.--A manufacturer may request an exemption from the requirement described in paragraph (1) by submitting an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require by regulation. Each such application shall specify the models, lines, and types of automobiles affected. ``(B) Evaluation.--After evaluating an application received from a manufacturer, the Secretary may at any time, under such terms and conditions, and to such extent as the Secretary considers appropriate, temporarily exempt, or renew the exemption of, a light- duty automobile from the requirement described in paragraph (1) if the Secretary determines that unavoidable events not under the control of the manufacturer prevent the manufacturer of such automobile from meeting its required production volume of fuel choice-enabling automobiles, including-- ``(i) a disruption in the supply of any component required for compliance with the regulations; ``(ii) a disruption in the use and installation by the manufacturer of such component; or ``(iii) application to plug-in electric vehicles causing such vehicles to fail to meet State air quality requirements. ``(C) Consolidation.--The Secretary may consolidate applications received from multiple manufacturers under subparagraph (A) if they are of a similar nature. ``(D) Conditions.--Any exemption granted under subparagraph (B) shall be conditioned upon the manufacturer's commitment to recall the exempted automobiles for installation of the omitted components within a reasonable time proposed by the manufacturer and approved by the Secretary after such components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements. ``(E) Notice.--The Secretary shall publish in the Federal Register-- ``(i) notice of each application received from a manufacturer; ``(ii) notice of each decision to grant or deny a temporary exemption; and ``(iii) the reasons for granting or denying such exemptions. ``(3) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall promulgate regulations to carry out this section.''.", "summary": "Open Fuel Standard Act of 2009 or the OFS Act - Requires each light-duty automobile manufacturer's annual covered inventory to comprise at least: (1) 50% fuel choice-enabling automobiles in years 2012-2014; and (2) 80% fuel choice-enabling automobiles in 2015, and in each subsequent year. Defines \"fuel choice-enabling automobile\" as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85; or (2) an automobile capable of operating on biodiesel fuel. Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Task Force Act of 2012''. SEC. 2. TASK FORCE ON ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO CHILDREN. (a) Establishment.--The Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, acting jointly, shall establish and maintain a permanent task force, to be known as the Task Force on Environmental Health Risks and Safety Risks to Children (in this Act referred to as the ``Task Force''). (b) Membership.--The Task Force shall be composed of the following officials (or their designees): (1) The Secretary of Health and Human Services, who shall serve as a Co-Chair of the Task Force. (2) The Administrator of the Environmental Protection Agency, who shall serve as a Co-Chair of the Task Force. (3) The Secretary of Education. (4) The Secretary of Labor. (5) The Attorney General of the United States. (6) The Secretary of Energy. (7) The Secretary of Housing and Urban Development. (8) The Secretary of Agriculture. (9) The Secretary of Transportation. (10) The Secretary of Defense. (11) The Secretary of the Interior. (12) The Director of the Office of Management and Budget. (13) The Chair of the Council on Environmental Quality. (14) The Chair of the Consumer Product Safety Commission. (15) Such other officials of Federal departments and agencies as the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, acting jointly, may designate or invite (as appropriate) to serve on the Task Force. (c) Stakeholders.--The Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, acting jointly, shall, as appropriate, invite representatives of stakeholders to attend meetings of the Task Force, appear before the Task Force, and file statements with the Task Force, subject to such requirements as the Secretary and Administrator may determine. (d) Functions.--The Task Force shall recommend to the President and the Congress Federal strategies for addressing environmental health risks and safety risks to children in the United States, within projected budgetary limits, including the following: (1) Adoption of action plans, including multiyear and annual priorities, to address the principal environmental health risks and safety risks to children. (2) Initiatives that the Federal Government has undertaken or will undertake in addressing the principal environmental health risks and safety risks to children. (3) Recommendations on how to improve cross-agency implementation of actions, including cross-agency budgeting, to address environmental health risks and safety risks to children. (4) Recommendations for a coordinated research agenda for the Federal Government to address environmental health risks and safety risks to children. (5) Recommendations for appropriate partnerships among Federal, State, local, and tribal governments and the private, academic, and nonprofit sectors. (6) Proposed ways to enhance public outreach and communication to assist families in evaluating environmental health risks and safety risks to children and in making informed consumer choices. (7) Proposed ways to strengthen the data system in order to identify and track development of rulemakings and other actions to ensure they comply with current policy on evaluating environmental health risks and safety risks to children. (e) Reports.-- (1) Biennial reports.--Not later than July 31, 2013, and biennially thereafter, the Task Force shall submit to the President and the Congress, make publicly available, and disseminate widely a report including-- (A) the strategies developed and updated under subsection (d); (B) in the case of reports subsequent to the first report, a description of the accomplishments of the Task Force since the preceding report; (C) current national priorities for addressing environmental health risks and safety risks to children in the United States and any related emerging issues; (D) updates on Federal research findings and research needs regarding environmental risks and safety risks to children; (E) information submitted to the Task Force by Federal departments and agencies for inclusion in the report; (F) appropriate recommendations by the Children's Health Protection Advisory Committee; and (G) information submitted by stakeholders for inclusion in the report. (2) Additional reporting.--In addition to the biennial reports under paragraph (1), the Task Force-- (A) may, as appropriate, submit to the President and the Congress such additional reports and updates as necessary; (B) shall make any such reports and updates publicly available; and (C) shall disseminate widely any such reports and updates. (f) Meetings.-- (1) In general.--The Task Force shall meet at least annually. (2) Notice.--The Task Force shall-- (A) publish in the Federal Register timely notice of each upcoming meeting of the Task Force; and (B) provide for other types of public notice to ensure that all interested persons receive timely notice of each upcoming meeting of the Task Force. (3) Minutes.-- (A) In general.--The Task Force shall record and maintain detailed minutes of each meeting of the Task Force, including-- (i) the meeting agenda; (ii) a record of the persons present; (iii) a complete and accurate description of matters discussed at the meeting and conclusions reached; and (iv) copies of all reports received, issued, or approved by the Task Force in connection with the meeting. (B) Public availability; copying.--The Task Force shall make such minutes available for public inspection and copying. (C) Accuracy.--The Co-Chairs of the Task Force shall certify the accuracy of all such minutes. (g) Termination of Existing Task Force.--The Task Force on Environmental Health Risks and Safety Risks to Children established by Executive Order 13045 (April 21, 1997) is hereby terminated. (h) Authorization of Appropriations.--To carry out this Act, there are authorized to be appropriated such sums as may be necessary for fiscal year 2013 and each subsequent fiscal year.", "summary": "Children's Health Task Force Act of 2012 - Directs the Secretary of Health and Human Services (HHS) and the Administrator of the Environmental Protection Agency (EPA) to) establish and maintain a permanent Task Force on Environmental Health Risks and Safety Risks to Children, which shall recommend federal strategies for addressing environmental health risks and safety risks to children in the United States, within projected budgetary limits. Requires such strategies to include: (1) adoption of action plans, including multiyear and annual priorities, to address the principal risks; (2) government initiatives to address such risks; (3) recommendations on how to improve cross-agency implementation of actions to address such risks; (4) recommendations for a coordinated research agenda for the government to address such risks; (5) recommendations for partnerships among federal, state, local, and tribal governments and the private, academic, and nonprofit sectors; (6) proposed ways to enhance public outreach and communication to assist families in evaluating such risks and in making informed consumer choices; and (7) proposed ways to strengthen the data system in order to identify and track development of rulemakings and other actions to ensure they comply with current policy on evaluating such risks. Directs the Task Force to submit, make publicly available, and disseminate widely a biennial report including: (1) the strategies developed and updated, (2) a description of the Task Force's accomplishments, (3) current national priorities for addressing such risks and any related emerging issues, (4) updates on federal research findings and research needs regarding such risks, (5) information submitted by federal agencies and by stakeholders for inclusion in the report, and (6) recommendations by the Children's Health Protection Advisory Committee."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Inspection Amendments of 1993''. SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION ACT. (a) Removal of Intrastate Distribution Limitation.--Subsection (a)(1) of section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is amended by striking ``solely for distribution within such State.''. (b) Use of State Inspectors.--Subsection (a) of such section is amended by adding at the end the following new paragraph: ``(5) In addition to appointing inspectors under section 21, the Secretary may enter into agreements to utilize officers and employees of a State or the District of Columbia to conduct such examinations, investigations, and inspections authorized under this Act as the Secretary determines practicable.''. (c) Termination of Designation of State as Subject to Federal Inspection for Intrastate Distribution.--Subsection (c)(3) of such section is amended by striking ``, with respect to the operations and transactions within such State which are regulated under subparagraph (1), he'' and inserting ``with respect to all establishments within its jurisdiction which do not operate under Federal inspection under title I and at which any cattle, sheep, swine, goats, or equines are slaughtered, or their carcasses, or parts or products thereof, are prepared, for use as human food, and with respect to the distribution of carcasses, parts thereof, meat, or meat food products of such animals within the States, the Secretary''. (d) Expansion of State Inspection Authority.--Such section is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) Except as provided in paragraph (2), carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, goats, or equines prepared under State inspection in any State (other than a State designated under subsection (c)) in compliance with the meat inspection law of the State shall be eligible for sale or transportation in interstate commerce, and for entry into and use in the preparation of products in establishments at which Federal inspection is maintained under title I, in the same manner and to the same extent as products prepared at such establishments. ``(2) State inspected articles described in paragraph (1), and federally inspected articles prepared (in whole or in part) from such State inspected articles-- ``(A) shall not be eligible for sale or transportation in foreign commerce; and ``(B) shall be separated at all times from all other federally inspected articles in any federally inspected establishment that engages in the preparation, sale, or transportation of carcasses, parts of carcasses, meat, or meat food products, for foreign commerce. ``(3) All carcasses, parts of carcasses, meat, and meat food products that are inspected in a program of inspection in a State (other than a State designated under subsection (c)) pursuant to State law shall be identified as so inspected only by official marks that identify the State and are such design as the State shall prescribe. Federally inspected articles prepared (in whole or in part) from such State inspected articles shall be identified as so inspected only by the same official marks as prescribed by the Secretary for articles slaughtered or prepared under title I. ``(4) Except as provided in paragraph (5), the operator of an establishment operated under Federal or State inspection who wishes to transfer to State or Federal inspection, as the case may be, may do so only on October 1 of any year. Such transfer shall occur only if-- ``(A) the operator provides written notice of the intention to transfer to both inspection agencies at least six months in advance of that date; and ``(B) the Secretary determines that the transfer will effectuate the purposes set forth in section 2 and will not adversely affect the stability of the total State and Federal inspection systems. ``(5) The Secretary may permit the operator of an establishment to transfer from State to Federal inspection at any time if the operator presents clear and convincing evidence to the Secretary that the establishment intends to, and will be able to, engage in foreign commerce to a substantial extent in a manner which would require Federal inspection. ``(6) For purposes of this subsection, the term `interstate commerce' means commerce between States or between a State and the District of Columbia.''. (e) Prohibition on Additional or Different State Requirements.-- Section 408 of such Act (21 U.S.C. 678) is amended to read as follows: ``Sec. 408. (a) Requirements within the scope of this Act with respect to premises, facilities and operations of any establishment at which inspection is provided under title I, which are in addition to, or different than those made under this Act may not be imposed by any State or Territory or the District of Columbia. However, any such jurisdiction may impose recordkeeping and other requirements within the scope of section 202, if consistent with such section, with respect to any such establishment. ``(b)(1) Except as provided in paragraph (2), marking, labeling, packaging, or ingredient requirements in addition to (or different than) those made under this Act may not be imposed by any State or Territory or the District of Columbia with respect to articles prepared at any establishment under Federal inspection in accordance with the requirements of title I or with respect to articles prepared for commerce at any State inspected establishment in accordance with the requirements of section 301(d). ``(2) A State or territory or the District of Columbia may, consistent with the requirements under this Act, exercise concurrent jurisdiction with the Secretary over articles distributed in commerce or otherwise subject to this Act, for the purpose of preventing the distribution for human food purposes of any such articles which are not in compliance with the requirements under this Act and are outside of any federally or State inspected establishment, or in the case of imported articles, which are not at such an establishment, after their entry into the United States. ``(c) This Act shall not preclude any State or Territory or the District of Columbia from imposing a requirement or taking other action, consistent with this Act, with respect to any other matters regulated under this Act.''. SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS INSPECTION ACT. (a) Removal of Intrastate Distribution Limitation.--Subsection (a)(1) of section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is amended by striking ``solely for distribution within such State.''. (b) Use of State Inspectors.--Subsection (a) of such section is amended by adding at the end the following new paragraph: ``(5) The Secretary may enter into agreements to utilize officers and employees of a State or the District of Columbia to conduct such examinations, investigations, and inspections authorized under this Act as the Secretary determines practicable.''. (c) Termination of Designation of State as Subject to Federal Inspection for Intrastate Distribution.--Subsection (c)(3) of such section is amended by striking ``, with respect to the operations and transactions within such State which are regulated under subparagraph (1) of this paragraph (c), he'' and inserting ``with respect to all establishments within its jurisdiction which do not operate under Federal inspection under this Act and at which any poultry are slaughtered, or any poultry products are processed, for use as human food, and with respect to the distribution of poultry products within the States, the Secretary''. (d) Expansion of State Inspection Authority.--Such section is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) Except as provided in paragraph (2), poultry products processed under State inspection in any State (other than a State designated under subsection (c)) in compliance with the poultry products inspection law of the State shall be eligible for sale or transportation in interstate commerce, and for entry into and use in the preparation of products in establishments at which Federal inspection is maintained under this Act, in the same manner and to the same extent as poultry products processed at such establishments. Poultry products complying with the requirements of the poultry product inspection laws of the State (other than a State designated under subsection (c)) in which the products were processed shall be considered as complying with this Act. ``(2) State inspected poultry products described in paragraph (1), and federally inspected poultry products processed (in whole or in part) from such State inspected poultry products-- ``(A) shall not be eligible for sale or transportation in foreign commerce; and ``(B) shall be separated at all times from all other federally inspected poultry products in any federally inspected establishment that engages in the processing, sale, or transportation of poultry products for foreign commerce. ``(3) All poultry products that are inspected in a program of inspection in a State (other than a State designated under subsection (c)) pursuant to State law shall be identified as so inspected only by official marks that identify the State and are such design as the State shall prescribe. Federally inspected poultry products processed (in whole or in part) from such State inspected poultry products shall be identified as so inspected only by the same official marks as prescribed by the Secretary for poultry products processed under this Act (other than this section or section 11). ``(4) Except as provided in paragraph (5), the operator of an establishment operated under Federal or State inspection who wishes to transfer to State or Federal inspection, as the case may be, may do so only on October 1 of any year. Such transfer shall occur only if-- ``(A) the operator provides written notice of the intention to transfer to both inspection agencies at least six months in advance of that date; and ``(B) the Secretary determines that the transfer will effectuate the legislative policy set forth in section 3 and will not adversely affect the stability of the total State and Federal inspection systems. ``(5) The Secretary may permit the operator of an establishment to transfer from State to Federal inspection at any time if the operator presents clear and convincing evidence to the Secretary that the establishment intends to, and will be able to, engage in foreign commerce to a substantial extent in a manner which would require Federal inspection. ``(6) For purposes of this subsection, the term `interstate commerce' means commerce between States or between a State and the District of Columbia.''. (e) Prohibition on Additional or Different State Requirements.-- Section 23 of such Act (21 U.S.C. 467e) is amended to read as follows: ``Sec. 23. (a) Requirements within the scope of this Act with respect to premises, facilities and operations of any official establishment, which are in addition to, or different than those made under this Act may not be imposed by any State or territory or the District of Columbia. However, any such jurisdiction may impose recordkeeping and other requirements within the scope of section 11(b), if consistent with such section, with respect to any such establishment. ``(b)(1) Except as provided in paragraph (2), marking, labeling, packaging, or ingredient requirements in addition to (or different than) those made under this Act may not be imposed by any State or territory or the District of Columbia with respect to articles prepared at any establishment under Federal inspection in accordance with the requirements of this Act or with respect to articles prepared for commerce at any State inspected establishment in accordance with the requirements of section 5(d). Further storage or handling requirements found by the Secretary to unduly interfere with the free flow of poultry products in commerce shall not be imposed by any State or territory or the District of Columbia. ``(2) A State or territory or the District of Columbia may, consistent with the requirements of this Act, exercise concurrent jurisdiction with the Secretary over articles distributed in commerce or otherwise subject to this Act, for the purpose of preventing the distribution for human food purposes of any such articles which are not in compliance with the requirements of this Act and are outside of any federally or State inspected establishment, or in the case of imported articles, which are not at such an establishment, after their entry into the United States. ``(c) This Act shall not preclude any State or territory or the District of Columbia from making requirements or taking other action, consistent with this Act, with respect to any other matters regulated under this Act.''.", "summary": "Meat and Poultry Products Inspection Amendments of 1993 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to: (1) remove the intrastate distribution requirement for Federal-State cooperation; (2) authorize the use of State inspectors; and (3) expand State inspection authority."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Sharing Act of 2017''. SEC. 2. AMENDMENTS. (a) Assistance for Community Food Projects.--Section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (B) by striking ``and'' at the end; and (B) by striking subparagraph (C) and inserting the following: ``(C) $9,000,000 for each of the fiscal years 2015 through 2017; and ``(D) $8,500,000 for fiscal year 2018 and each fiscal year thereafter.''. (b) Assistance for Gleaning Projects.--The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: ``SEC. 30. ASSISTANCE FOR GLEANING PROJECTS. ``(a) Definitions.--In this section: ``(1) Gleaning project.--The term `gleaning project' means a project in which an entity-- ``(A) collects edible, surplus food that would be thrown away and distributes the food to agencies or nonprofit organizations that feed the hungry; or ``(B) harvests for free distribution to the needy, or for donation to agencies or nonprofit organizations for ultimate distribution to the needy, an agricultural crop that has been donated by the owner of the crop. ``(2) Eligible entity.--The term `eligible entity' means a public food program service provider, a tribal organization, or a private nonprofit entity that-- ``(A) has experience in the area of-- ``(i) providing food to individuals in low- income communities; or ``(ii) engaging in efforts to reduce food insecurity in low-income communities, including food distribution, improving access to services, or coordinating services and programs; ``(B) demonstrates competency to implement a gleaning project, to provide fiscal accountability, to collect data, and to prepare reports and other necessary documentation relating to such project; ``(C) demonstrates a willingness to share information relating to such project with researchers, practitioners, and other persons; and ``(D) submits to the Secretary an application that contains such terms and conditions as the Secretary may require by rule, including an agreement to provide the non-Federal cost of such project. ``(b) Authority To Provide Assistance.-- ``(1) Funds.--From amounts made available to carry out this Act, the Secretary may make grants to assist eligible entities to establish and carry out gleaning projects. ``(2) Limitation on grants.--The aggregate amount of funds provided as grants made under this section may not exceed $500,000 for fiscal year 2018 and each fiscal year thereafter. ``(c) Preference for Certain Gleaning Projects.--In selecting gleaning projects to receive grants under this section, the Secretary shall give preference to projects designed to develop new resources and strategies to help reduce food insecurity and prevent food insecurity in low-income communities that are the subject of such projects by-- ``(1) developing creative food resources; or ``(2) coordinating food services with park and recreation programs, and other community-based activities, to reduce barriers to access to food. ``(d) Cost-Sharing Requirements.-- ``(1) Federal share.--The Federal share of the cost of carrying out a gleaning project for which a grant is made under this section shall be paid with such grant by the Secretary in such amount as the Secretary determines but may not exceed 50 percent of the cost of such project. ``(2) Non-federal share.--The recipient of a grant under this section shall provide in cash or in kind, fairly evaluated, including facilities, equipment, or services, from non-Federal sources for the cost of such project that is not paid under paragraph (1). ``(e) Term of Grant.-- ``(1) Single grant.--Only 1 grant may be made under this section for a particular gleaning project. ``(2) Term.--The period during which the grant made under this section may be expended may not exceed 5 years. ``(f) Technical Assistance and Related Information.-- ``(1) Technical assistance.--In carrying out this section, the Secretary may provide assistance to an eligible entity regarding gleaning projects, processes, and development. ``(2) Sharing information.-- ``(A) In general.--The Secretary may share information concerning gleaning projects and issues with the public through publications, conferences, and other appropriate forums. ``(B) Other interested persons.--The Secretary may share information concerning gleaning projects with researchers, practitioners, and other interested persons. ``(g) Reports to Congress.--Not later than September 30, 2018, and annually thereafter, the Secretary shall submit to the Congress a report that describes with respect to each grant made under this section information that includes-- ``(1) a description of each activity funded with such grant; and ``(2) the degree of success in improving the long-term capacity of the low-income community served by the gleaning project involved to address food and agriculture problems related to hunger or access to healthy food in such community.''.", "summary": "Food Sharing Act of 2017 This bill amends the Food and Nutrition Act of 2008 to: (1) reduce from $9 million to $8.5 million the annual limitation on the total amount of grants that the Department of Agriculture (USDA) may provide under the Community Food Projects Competitive Grants Program, and (2) authorize USDA to establish a separate program to provide up to $500,000 annually for grants to establish and carry out gleaning projects. In a gleaning project, an eligible entity: (1) collects edible, surplus food that would be thrown away and distributes the food to agencies or nonprofit organizations that feed the hungry; or (2) harvests for free distribution to the needy, or for donation to agencies or nonprofit organizations for ultimate distribution to the needy, an agricultural crop that has been donated by the owner of the crop. The eligible entities include public food program service providers, tribal organizations, and private nonprofit entities that meet certain requirements for experience, demonstrated competency, cost-sharing, and a willingness to share information regarding the project."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Phone Scam Prevention Act of 2014''. SEC. 2. AVAILABILITY OF WHITELIST SERVICES. (a) In General.--Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the following: ``SEC. 232. AVAILABILITY OF WHITELIST SERVICES. ``(a) Definitions.--In this section-- ``(1) the term `voice service' means any service that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor plan adopted by the Commission under section 251(e)(1); ``(2) the term `exempt entity' means-- ``(A) the Federal Government, a State, a political subdivision of a State, or an agency thereof; and ``(B) any entity with respect to which the Commission determines that allowing calls that originate from that entity to connect directly with the voice service customer premises equipment (commonly referred to as `CPE') of a subscriber would serve the public interest; and ``(3) the term `whitelist' means a list of telephone numbers, designated by a subscriber, for which calls originating from those numbers to the subscriber are permitted to connect directly with the voice service CPE of the subscriber. ``(b) Requirement To Offer Whitelist Service.--A provider of a voice service shall offer each subscriber the option to designate a whitelist, if technically feasible (as determined by the Commission on a periodic basis). ``(c) Treatment of Nonapproved Telephone Numbers.-- ``(1) In general.--If a subscriber elects to designate a whitelist under subsection (b), the provider of the voice service of the subscriber shall ensure that any call the provider receives for termination that is not associated with a telephone number on the whitelist of the subscriber or the telephone number of an exempt entity is processed according to preferences set by the subscriber with respect to the whitelist, including by limiting or disabling the ability of an incoming call to connect with the CPE of the subscriber. ``(2) Safe harbor.--Whitelist processing that, in accordance with the preferences of a subscriber, limits or disables connection with the CPE of a subscriber shall not be considered to be-- ``(A) blocking traffic; or ``(B) an unjust or unreasonable practice under section 201 of the Communications Act of 1934 (47 U.S.C. 201). ``(d) Number of Telephone Numbers on Whitelist Free of Charge.-- ``(1) In general.--A provider of a voice service shall allow a subscriber (or a designated representative thereof) to designate not less than 10 telephone numbers to be on the whitelist under subsection (b), free of charge. ``(2) Telephone numbers of exempt entities.--The telephone number of an exempt entity shall not be considered to be on the whitelist of a subscriber for purposes of calculating the 10 telephone numbers that may be designated under paragraph (1).''. (b) Effective Date.--Section 232 of the Communications Act of 1934, as added by subsection (a), shall take effect on the date that is 2 years after the date of enactment of this Act. SEC. 3. AUTHENTICATION OF CALL ORIGINATION. Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.), as amended by section 2, is amended by adding at the end the following: ``SEC. 233. AUTHENTICATION OF CALL ORIGINATION. ``(a) Definition.--In this section, the term `voice service' means any service that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor plan adopted by the Commission under section 251(e)(1). ``(b) Development of Authentication Standards by Commission.--Not later than 5 years after the date of enactment of the Phone Scam Prevention Act of 2014, the Commission shall develop authentication standards for providers of a voice service to validate the calling party number and caller identification information of a call originated through a voice service so that the subscriber receiving the call may obtain-- ``(1) a secure assurance of the origin of the call, including-- ``(A) the calling party number; and ``(B) caller identification information for the call; or ``(2) notice that an assurance described in paragraph (1) is unavailable. ``(c) Adoption of Authentication Standards by Entities.--Each provider of a voice service that is allocated telephone numbers from the portion of the North American Numbering Plan that pertains to the United States shall adopt the authentication standards developed under subsection (b).''. SEC. 4. EXPANDING AND CLARIFYING PROHIBITION ON INACCURATE CALLER ID INFORMATION. (a) Communications From Outside the United States.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by striking ``in connection with any telecommunications service or IP-enabled voice service'' and inserting ``or any person outside the United States if the recipient of the call is within the United States, in connection with any voice service''. (b) Coverage of Text Messages and Other Voice Services.--Section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended-- (1) in subparagraph (A), by striking ``telecommunications service or IP-enabled voice service'' and inserting ``voice service (including a text message sent using a text messaging service)''; (2) in the first sentence of subparagraph (B), by striking ``telecommunications service or IP-enabled voice service'' and inserting ``voice service (including a text message sent using a text messaging service)''; and (3) by striking subparagraph (C) and inserting the following: ``(C) Text message.--The term `text message'-- ``(i) means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number; ``(ii) includes a short message service (commonly referred to as `SMS') message, an enhanced message service (commonly referred to as `EMS') message, and a multimedia message service (commonly referred to as `MMS') message; and ``(iii) does not include a real-time, 2-way voice or video communication. ``(D) Text messaging service.--The term `text messaging service' means a service that permits the transmission or receipt of a text message, including a service provided as part of or in connection with a voice service. ``(E) Voice service.--The term `voice service' means any service that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor plan adopted by the Commission under section 251(e)(1).''. (c) Rules of Construction.--Nothing in this Act shall be construed to modify, limit, or otherwise affect-- (1) the authority, as of the day before the date of enactment of this Act, of the Federal Communications Commission to interpret the term ``call'' to include a text message (as defined under section 227(e)(8) of the Communications Act of 1934, as added by subsection (b)); or (2) any rule or order adopted by the Federal Communications Commission in connection with-- (A) the Telephone Consumer Protection Act of 1991 (Public Law 102-243; 105 Stat. 2394) or the amendments made by that Act; or (B) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.). (d) Regulations.--Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe regulations to implement the amendments made by this section. (e) Effective Date.--The amendments made by this section shall take effect on the date that is 6 months after the date on which the Federal Communications Commission prescribes regulations under subsection (d).", "summary": "Phone Scam Prevention Act of 2014 - Amends the Communications Act of 1934 to require voice communications service providers to offer subscribers the option to designate a list of approved telephone numbers for which calls originating from those numbers are permitted to connect directly with the subscriber's telephone and other customer premises equipment. Requires providers to ensure that any call for termination that is not from a number on the subscriber's list is processed according to the subscriber's preferences, including by limiting or disabling the ability of an incoming call to connect with the subscriber's equipment. Exempts government and public interest calls from being subject to a subscriber's preferences. Requires the Federal Communications Commission (FCC) to develop authentication standards for providers to validate caller information so that subscribers may obtain secure assurances of a call's origin, including the calling party's number and identification. Extends the prohibition on the provision of inaccurate caller identification information to persons outside the United States if the recipient is within the United States. Expands the definition "caller identification information" to include text messages. Revises caller identification requirements to make standards applicable to voice communications using resources from the North American Numbering Plan (currently, the requirements apply to telecommunications or IP-enabled voice services)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Long-Term Care Enhancement Act of 1999''. SEC. 2. CONTINUUM OF CARE FOR VETERANS. (a) Inclusion of Noninstitutional Extended Care Services in Definition of Medical Services.--Section 1701 of title 38, United States Code, is amended-- (1) in paragraph (6)(A)(i), by inserting ``noninstitutional extended care services,'' after ``preventive health services,''; and (2) by adding at the end the following new paragraphs: ``(10) The term `noninstitutional extended care services' includes-- ``(A) home-based primary care; ``(B) adult day health care; ``(C) respite care; ``(D) palliative and end-of-life care; and ``(E) homemaker or home health aide visits. ``(11) The term `respite care' means hospital or nursing home care which-- ``(A) is of limited duration; ``(B) is furnished on an intermittent basis to an individual who is suffering from a chronic illness and who resides primarily at home; and ``(C) is furnished for the purpose of helping the individual to continue residing primarily at home.''. (b) Assisted Living.--Subchapter II of chapter 17 of such title is amended by adding at the end the following new section: ``Sec. 1720F. Assisted living ``(a) The Secretary may, subject to subsection (b), provide assisted living services to a veteran who is eligible to receive care under section 1710 of this title and to the spouse of such veteran in connection with the provision of such services to such veteran. ``(b) The Secretary may not provide assisted living services under this section to a veteran eligible to receive care under section 1710(a)(3) of this title, or to a spouse of any veteran, unless such veteran or spouse agrees to pay the United States an amount equal to the cost, as determined in regulations prescribed by the Secretary, of the provision of such services. ``(c) For purposes of this section, the term `assisted living services' means services which provide personal care, activities, health-related care, supervision, and other assistance on a 24-hour basis within a residential or similar setting which-- ``(1) maximizes flexibility in the provision of such care, activities, supervision, and assistance; ``(2) maximizes the autonomy, privacy, and independence of an individual; and ``(3) encourages family and community involvement with the individual.''. (c) Conforming Amendments.--(1)(A) Section 1720 of such title is amended by striking subsection (f). (B) The section heading of such section is amended by striking ``; adult day health care''. (2) Section 1720B of such title is repealed. (d) Clerical Amendments.--The table of sections for chapter 17 of such title is amended-- (1) in the item relating to section 1720, by striking ``; adult day health care''; (2) by striking the item relating to section 1720B; and (3) by inserting after the item relating to section 1720E the following new item: ``1720F. Assisted living.''. SEC. 3. PILOT PROGRAMS RELATING TO LONG-TERM CARE OF VETERANS. (a) In General.--The Secretary of Veterans Affairs shall carry out three pilot programs for the purpose of determining the feasibility and practicability of a variety of methods of meeting the long-term care needs of eligible veterans. The pilot programs shall be carried out in accordance with the provisions of this section. (b) Locations of Pilot Programs.--(1) Each pilot program under this section shall be carried out at two Veterans Integrated Service Networks (VISNs) selected by the Secretary for purposes of this section. (2) The Secretary may not carry out more than one pilot program in any given Veterans Integrated Service Network. (c) Scope of Services Under Pilot Programs.--(1) The services provided under the pilot programs under this section shall include a comprehensive array of health care services and other services that meet the long-term care needs of veterans, including-- (A) inpatient long-term care in intermediate care beds, in nursing homes, and in domiciliary care facilities; (B) noninstitutional long-term care, including hospital- based primary care, adult day care, personal assistance services, respite care, and other community-based interventions and care; and (C) assisted living services for veterans and their families. (2) As part of the provision of services under the pilot programs, the Secretary shall also provide appropriate case management services. (3) In providing services under the pilot programs, the Secretary shall emphasize the provision of preventive care services, including screening and education. (d) Direct Provision of Services.--Under one of the pilot programs under this section, the Secretary shall provide long-term care services to eligible veterans directly through facilities and personnel of the Department of Veterans Affairs. (e) Provision of Services Through Cooperative Arrangements.--(1) Under one of the pilot programs under this section, the Secretary shall provide long-term care services to eligible veterans through a combination (as determined by the Secretary) of-- (A) services provided under cooperative arrangements with appropriate public and private non-Governmental entities, including community service organizations; and (B) services provided through facilities and personnel of the Department. (2) The consideration provided by the Secretary for services provided by entities under cooperative arrangements under paragraph (1)(A) shall be limited to the provision by the Secretary of appropriate in-kind services to such entities. (f) Provision of Services by Non-Department Entities.--(1) Under one of the pilot programs under this section, the Secretary shall provide long-term care services to eligible veterans through arrangements with appropriate non-Department entities under which arrangements the Secretary acts solely as the case manager for the provision of such services. (2) Payment for services provided to veterans under the pilot programs under this subsection shall be as follows: (A) By the medicare program or the medicaid program, but only-- (i) if the veterans concerned are entitled to benefits under such programs; and (ii) to the extent that payment for such services is provided for under such programs. (B) By the Department, to the extent that payment for such services is not otherwise provided for under subparagraph (A). (g) Data Collection.--As part of each pilot program under this section, the Secretary shall collect data regarding-- (1) the cost-effectiveness of such program, including any savings achieved under such program when compared with the medicare program, medicaid program, or other Federal program serving similar populations; (2) the quality of the services provided under such program; (3) the satisfaction of participating veterans, non- Department, and non-Government entities with such program; and (4) the effect of such program on the ability of veterans to carry out basic activities of daily living over the course of such veterans' participation in such program. (h) Reports.--(1) The Secretary shall annually submit to Congress a report on the pilot programs under this section. (2) Each report under paragraph (1) shall include the following: (A) A detailed description of activities under the pilot programs during the one-year period ending on the date of the report. (B) An evaluation of the data collected under subsection (g) during that period. (C) Any other matters regarding the programs that the Secretary considers appropriate. (i) Duration of Programs.--(1) The Secretary shall commence carrying out the pilot programs required by this section not later than 90 days after the date of the enactment of this Act. (2) The authority of the Secretary to provide services under the pilot programs shall cease on the date that is three years after the date of the commencement of the pilot programs under paragraph (1). (j) Definitions.--In this section: (1) The term ``eligible veteran'' means the following: (A) Any veteran entitled to hospital care and medical services under section 1710(a)(1) of title 38, United States Code. (B) Any veteran (other than a veteran described in subparagraph (A)) if the veteran is enrolled in the system of annual patient enrollment under section 1705 of title 38, United States Code. (2) The term ``long-term care needs'' means the need by an individual for any of the following services: (A) Personal care. (B) Nursing home and home health care services. (C) Habilitation and rehabilitation services. (D) Adult day care services. (E) Case management services. (F) Social services. (G) Assistive technology services. (H) Home and community based services, including assistive living.", "summary": "Veterans' Long-Term Care Enhancement Act of 1999 - Includes noninstitutional extended care services within the definition of medical services authorized to be provided to eligible veterans. Authorizes the Secretary of Veterans Affairs to provide assisted living services to a veteran who is eligible to receive hospital, nursing home, and domiciliary care, and to the spouse of such veteran. Requires such veteran and spouse to agree to reimburse the United States for the cost of such care. Repeals provisions authorizing respite care for such veterans. Directs the Secretary to carry out three pilot programs to determine the feasibility and practicability of various methods of meeting the long-term care needs of eligible veterans. Requires each program to be carried out at two Veterans Integrated Service Networks. Requires services provided to include a comprehensive array of health care services and other services that meet such needs, including case management services. Directs the Secretary to emphasize the provision of preventive care services, including screening and education. Requires one pilot program to be carried out: (1) directly through facilities and personnel of the Department of Veterans Affairs; (2) through a combination of Department facilities and personnel and services provided under cooperative arrangements with public and private nongovernmental entities; and (3) through cooperative arrangements with non-Department entities. Outlines provisions concerning: (1) payment for services under the pilot programs; (2) required data collection; and (3) annual reports from the Secretary to Congress for the duration of the programs. Terminates such programs three years after their commencement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security COLA Limitation Act of 1994''. SEC. 2. LIMITATIONS ON COST-OF-LIVING ADJUSTMENTS. (a) In General.-- (1) Reduction in increases applied to higher primary insurance amounts.--Section 215(i)(2)(A) of the Social Security Act (42 U.S.C. 415(i)(2)(A)) is amended-- (A) by redesignating clause (iii) as clause (vii); and (B) in clause (ii), by striking ``The increase shall'' in the matter following subclause (III) and all that follows through ``Any increase'' and inserting the following: ``(iii) With respect to the amounts described in subclauses (I) and (III) of clause (ii), the increase shall be derived by multiplying each of such amounts (including each of those amounts as previously increased under this subparagraph) by the applicable increase percentage. ``(iv) With respect to primary insurance amounts described in subclause (II) of clause (ii), the increase shall be derived by-- ``(I) multiplying each of such amounts (including each such amount as previously increased under this subparagraph) by the applicable increase percentage, ``(II) determining among all such amounts as increased under subclause (I) the greatest primary insurance amount which is below the 20th percentile of such amounts, and ``(III) reducing each primary insurance amount as increased under subclause (I) to the sum of such amount determined as if there had been no reduction in such amount under this subclause in any preceding year and the amount of the increase under subclause (I) in the primary insurance amount described in subclause (II). ``(v) Any amount increased under clause (iii) or clause (iv) which is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10. ``(vi) Any increase''. (2) Conforming amendment.--The last sentence of section 215(a)(4) of such Act (42 U.S.C. 415(a)(4)) is amended, in subclause (I), by striking ``clause (iii) of subsection (i)(2)(A)'' and inserting ``clause (vii) of subsection (i)(2)(A)''. (b) Conforming Amendments To Maintain Current Levels of Cost-of- Living Adjustment Under Other Programs.-- (1) Supplemental security income for the aged, blind, and disabled.--Section 1617(a)(2) of the Social Security Act (42 U.S.C. 1382f(a)(2)) is amended by striking ``by the same percentage'' and all that follows through ``percentage,'' and inserting the following: ``by the applicable increase percentage (within the meaning of section 215(i)(1)(C)) used in determining the amount by which benefit amounts under title II are increased for such month''. (2) Supplementary medical insurance.--Section 1839(a)(3)(B) of such Act (42 U.S.C. 1395r(a)(3)(B)) is amended by striking ``by a percentage'' and all that follows through ``November 1'' and inserting the following: ``by the applicable increase percentage (within the meaning of section 215(i)(1)(C)) used in determining the amount by which benefit amounts under title II are increased for the month of December preceding the year of the promulgation''. (3) Certain veteran's benefits.--Section 3112 of title 38, United States Code, is amended-- (A) in subsection (a), by striking ``by the same percentage by which such benefit amounts are increased'' and inserting ``by the applicable increase percentage (within the meaning of section 215(i)(1)(C) of such Act) used in determining the amount by which such benefit amounts are increased''; and (B) in subsection (b)(1), by striking ``by the same percentage as the percentage by which such benefit amounts are increased'' and inserting ``by the applicable increase percentage (within the meaning of section 215(i)(1)(C) of such Act) used in determining the amount by which such benefit amounts are increased''. (4) Cost-of-living adjustments to limitations on benefits and contributions under qualified plans.--Subsection (d) of section 415 of the Internal Revenue Code of 1986 (relating to cost-of-living adjustments) is amended by striking ``section 215(i)(2)(A)'' and inserting ``section 215(i)(2)(A)(iii)''. (c) Amendment to Prior Applicable Law.--Section 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended by adding at the end the following new sentence: ``The Secretary shall provide by regulation for the continued application of this subsection as in effect in December 1978 as provided by the preceding provisions of this paragraph and the amendments referred to therein. Such regulations shall provide for the application of the amendments to the preceding provisions of this subsection made by section 2 of the Social Security Solvency Enhancement Act of 1994 so as to have the same effect on the corresponding provisions of this subsection as in effect in December 1978 and applicable in accordance with this paragraph.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to adjustments under section 215(i) of the Social Security Act effective with months after November 1994.", "summary": "Social Security COLA Limitation Act of 1994 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to establish a flat-rate cost-of-living adjustment. (Currently such adjustment is based on a beneficiary's actual benefit levels.)"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Miles with All Resources and Technology Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of U.S. Customs and Border Protection. (2) High traffic areas.--The term ``high traffic areas'' has the meaning given the term in section 102(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by section 102 of this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (4) Situational awareness.--The term ``situational awareness'' has the meaning given the term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328). TITLE I--INFRASTRUCTURE AND EQUIPMENT SEC. 101. STRENGTHENING THE REQUIREMENTS FOR BORDER SECURITY TECHNOLOGY ALONG THE SOUTHERN BORDER. Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 1103 note) is amended-- (1) in subsection (a)-- (A) by inserting ``and border technology'' before ``in the vicinity of''; and (B) by striking ``illegal crossings in areas of high illegal entry into the United Sates'' and inserting ``, impede, and detect illegal activity in high traffic areas''; (2) in subsection (c)(1), by inserting ``and, pursuant to subsection (d), the installation, operation, and maintenance of technology'' after ``barriers and roads''; and (3) by adding at the end the following new subsections: ``(d) Installation, Operation, and Maintenance of Technology.-- ``(1) In general.--Not later than January 20, 2021, the Secretary of Homeland Security, in carrying out subsection (a), shall deploy the most practical and effective technology available along the United States border for achieving situational awareness and operational control of the border. ``(2) Technology defined.--In this subparagraph, the term `technology' includes border surveillance and detection technology, including-- ``(A) radar surveillance systems; ``(B) Vehicle and Dismount Exploitation Radars (VADER); ``(C) 3-dimensional, seismic acoustic detection and ranging border tunneling detection technology; ``(D) sensors; ``(E) unmanned cameras; ``(F) man-portable and mobile vehicle-mounted unmanned aerial vehicles; and ``(G) any other devices, tools, or systems found to be more effective or advanced than those specified in subparagraphs (A) through (F). ``(e) Definitions.--In this section: ``(1) High traffic areas.--The term `high traffic areas' means sectors along the northern, southern, or coastal border that-- ``(A) are within the responsibility of U.S. Customs and Border Protection; and ``(B) have significant unlawful cross-border activity. ``(2) Situational awareness defined.--The term `situational awareness' has the meaning given the term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328).''. SEC. 102. COMPREHENSIVE SOUTHERN BORDER STRATEGY. (a) Comprehensive Strategy.-- (1) Requirement.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a comprehensive Southern border strategy. (2) Contents.--The strategy submitted under paragraph (1) shall include-- (A) a list of known physical barriers, technologies, tools, and other devices that can be used to achieve and maintain situational awareness and operational control (as such term is defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367)) along the southern border; (B) a projected per mile cost estimate for each physical barrier, technology, tool, and other device included on the list required under paragraph (1); (C) a detailed account of which type of physical barrier, technology, tool, or other device the Department believes is necessary to achieve and maintain situational awareness and operational control for each liner mile of the southern border; (D) an explanation for why such physical barrier, technology, tool, or other device was chosen to achieve and maintain situational awareness and operational control for each linear mile of the southern border, including-- (i) the methodology used to determine which type of physical barrier, technology, tool, or other device was chosen for such linear mile; (ii) an examination of existing manmade and natural barriers for each linear mile of the southern border; and (iii) the information collected and evaluated from-- (I) the appropriate U.S. Customs and Border Protection Sector Chief; (II) the Joint Task Force Commander; (III) the appropriate State Governor; (IV) local law enforcement officials; (V) private property owners; and (VI) other affected stakeholders; (E) a per mile cost calculation for each linear mile of the southern border given the type of physical barrier, technology, tool, or other device chosen to achieve and maintain operational control for each linear mile; and (F) a cost justification for each time a more expensive physical barrier, technology, tool, or other device is chosen over a less expensive option, as established by the per mile cost estimates required in subparagraph (B). SEC. 103. ERADICATION OF CARRIZO CANE AND SALT CEDAR. Not later than January 20, 2019, the Secretary, after coordinating with the heads of relevant Federal, State, and local agencies, shall begin eradicating the carrizo cane plant and any salt cedar along the Rio Grande River. TITLE II--GRANTS SEC. 201. OPERATION STONEGARDEN. (a) In General.--Subtitle A of title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the following new section: ``SEC. 2009. OPERATION STONEGARDEN. ``(a) Establishment.--There is established in the Department a program, which shall be known as `Operation Stonegarden', under which the Secretary, acting through the Administrator, shall make grants to eligible law enforcement agencies, through the State administrative agency, to enhance border security in accordance with this section. ``(b) Eligible Recipients.--To be eligible to receive a grant under this section, a law enforcement agency-- ``(1) shall be located in-- ``(A) a State bordering Canada or Mexico; or ``(B) a State or territory with a maritime border; and ``(2) shall be involved in an active, ongoing, U.S. Customs and Border Protection operation coordinated through a sector office. ``(c) Permitted Uses.--The recipient of a grant under this section may use such grant for-- ``(1) equipment, including maintenance and sustainment costs; ``(2) personnel, including overtime and backfill, in support of enhanced border law enforcement activities; ``(3) any activity permitted for Operation Stonegarden under the Department of Homeland Security's Fiscal Year 2017 Homeland Security Grant Program Notice of Funding Opportunity; and ``(4) any other appropriate activity, as determined by the Administrator, in consultation with the Commissioner of U.S. Customs and Border Protection. ``(d) Period of Performance.--The Secretary shall award grants under this section to grant recipients for a period of not less than 36 months. ``(e) Report.--For each of the fiscal years 2018 through 2022, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains information on the expenditure of grants made under this section by each grant recipient. ``(f) Authorization of Appropriations.--There is authorized to be appropriated $110,000,000 for each of fiscal years 2018 through 2022 for grants under this section.''. (b) Conforming Amendment.--Subsection (a) of section 2002 of the Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as follows: ``(a) Grants Authorized.--The Secretary, through the Administrator, may award grants under sections 2003, 2004, and 2009 to State, local, and tribal governments, as appropriate.''. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2008 the following new item: ``Sec. 2009. Operation Stonegarden.''. SEC. 202. SOUTHERN BORDER REGION EMERGENCY COMMUNICATIONS GRANT. (a) In General.--The Secretary, in consultation with the Governors of the States located on the southern border, shall establish a two- year grant program to improve emergency communications in the southern border region. (b) Eligibility for Grants.--An individual is eligible for a grant under this section if the individual demonstrates that the individual-- (1) regularly resides or works in a State on the southern border; and (2) is at greater risk of border violence due to a lack of cellular and LTE network service at the individual's residence or business and the individual's proximity to the southern border. (c) Use of Grants.--Grants awarded under this section may be used to purchase satellite telephone communications systems and services that-- (1) can provide access to 9-1-1 service; and (2) are equipped with receivers for the Global Positioning System.", "summary": "Secure Miles with All Resources and Technology Act This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Department of Homeland Security (DHS) to deploy the most practical and effective technology available (such as radar, tunnel detection technology, unmanned aerial vehicles, and sensors) to achieve situational awareness and operational control along the U.S. border. DHS shall submit to Congress a comprehensive southern border strategy, which shall include: (1) a list of known physical barriers, technologies, tools, and other devices to achieve situational awareness and operational control of the border and their related cost estimates; and (2) information from federal, state, local, and private sources. DHS shall begin eradicating the carrizo cane plant and salt cedar along the Rio Grande River. The Homeland Security Act of 2002 is amended to establish Operation Stonegarden in DHS to provide border security grants to law enforcement agencies: (1) in a state bordering Canada or Mexico or a maritime border state or territory, and (2) involved in an ongoing U.S. Customs and Border Protection operation coordinated through a sector office. DHS shall establish a two-year grant program to improve emergency communications in the southern border region for individuals who: (1) reside or work in a southern border state, and (2) are at greater risk of violence due to border proximity and a lack of residential or business cellular and LTE network service. Such grants may be used to purchase satellite telephone communications systems and services that provide access to 9-1-1 service and that are equipped with Global Positioning System receivers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``HOPE VI Green Building and Technical Assistance Act of 2007''. SEC. 2. GREEN COMMUNITIES REQUIREMENTS. (a) In General.--Section 24(e) of the United States Housing Act of 1937 (42 U.S.C. 1437v(e)) is amended by adding at the end the following new paragraph: ``(4) Green communities requirements.-- ``(A) Requirements.--The Secretary may not make a grant under this section to an applicant unless the revitalization plan of the applicant to be carried out with such grant amounts complies with the following requirements: ``(i) Affordable housing.--The plan complies with the green communities criteria checklist of the national Green Communities program that provides criteria for the design, development, and operation of affordable housing, as such checklist is in effect upon the date of the enactment of the HOPE VI Green Building and Technical Assistance Act of 2007, as follows: ``(I) The revitalization plan shall comply with all items of the green communities criteria checklist that are identified as mandatory. ``(II) The revitalization plan shall comply with such other nonmandatory items of the green communities criteria checklist so as to result in a cumulative number of points attributable to such nonmandatory items under such checklist of not less than-- ``(aa) 25 points, in the case of any plan (or portion thereof) consisting of new construction; and ``(bb) 20 points, in the case of any plan (or portion thereof) consisting of rehabilitation. ``(ii) Nonresidential structures.--The plan provides that any nonresidential structure covered by the plan that has 50,000 square feet of gross floor area or more complies with version 2.2 of the Leadership in Energy and Environmental Design green building rating system for new construction and major renovations (LEED-NC 2.2) or version 2.0 of such green building rating system for core and shell (LEED-CS 2.0) at the certification level. ``(B) Verification.-- ``(i) In general.--The Secretary shall verify, or provide for verification, sufficient to ensure that each revitalization plan carried out with amounts from a grant under this section complies with the requirements under subparagraph (A) and that the revitalization program is carried out in accordance with such requirements and plan. ``(ii) Timing.--In providing for such verification, the Secretary shall establish procedures to ensure such compliance with respect to each grantee, and shall report to the Congress with respect to the compliance of each grantee, at each of the following times: ``(I) Not later than 60 days after award of a grant under this section for the grantee. ``(II) Upon completion of the revitalization program of the grantee.''. (b) Selection Criteria.--Section 24(e)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is amended-- (1) in subparagraph (K), by striking ``and'' at the end; (2) by redesignating subparagraph (L) as subparagraph (M); and (3) by inserting after subparagraph (K) the following new subparagraph: ``(L) the extent of compliance of the revitalization program proposed under the plan with the nonmandatory items of the national Green Communities criteria checklist identified in paragraph (4)(A); and''. SEC. 3. PLANNING AND TECHNICAL ASSISTANCE GRANTS. Section 24(m) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)) is amended by striking paragraph (2) and inserting the following new paragraph: ``(2) Planning and technical assistance grants.--Subject only to approvable requests for grants under this paragraph, of the amount appropriated pursuant to paragraph (1) for any fiscal year, the Secretary shall use not less than two percent for grants in such fiscal year to potential applicants and applicants for grants under this section to assist such entities in developing and planning revitalization programs under this section or to recipients of grants under this section to assist such recipients in obtaining technical assistance in carrying out revitalization programs.''.", "summary": "HOPE VI Green Building and Technical Assistance Act of 2007 - Amends the United States Housing Act of 1937 to prescribe green communities requirements for grant applicants regarding revitalization programs for severely distressed public housing. Prohibits the Secretary of Housing and Urban Development from making a grant unless the applicant's revitalization plan complies with both the mandatory and some of the nonmandatory green communities affordable housing design, development, and operation criteria as they appear on the national Green Communities program checklist. Adds to such criteria specified requirements for nonresidential structures covered by the plan. Directs the Secretary to establish verification procedures. Repeals current technical assistance and program oversight funding authority, including those for assistance in connection with establishment and operation of computer centers in public housing through the Neighborhoods Networks initiative. Replaces it with mandatory funding for additional grants to assist: (1) potential and actual revitalization grant applicants in developing and planning revitalization programs; or (2) revitalization grant recipients in obtaining technical assistance in carrying out such programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``State Temporary Economic Priority (STEP) Act''. SEC. 2. PURPOSE. It is the purpose of this Act to authorize a State to transfer or consolidate funds made available to such State under certain transportation, education, and job training programs after the United States experiences economic growth at an annual rate of less than 1 percent for 2 calendar quarters. SEC. 3. AUTHORITY TO TRANSFER OR CONSOLIDATE CERTAIN FUNDS. (a) Authority Available.-- (1) In general.--A State may transfer or consolidate funds under subsections (b), (c), and (d) beginning with the calendar quarter after the United States experiences economic growth at an annual rate of less than 1 percent for 2 calendar quarters and continuing until 18 months after the United States experiences economic growth at an annual rate of 1 percent or more for 2 calendar quarters. (2) Treatment of transferred or consolidated funds.--Funds transferred or consolidated under subsections (b), (c), or (d) shall be used in accordance with the statutory and regulatory requirements applicable to the program to which the funds are transferred or consolidated. (b) Transportation Funds.-- (1) In general.--In applying subsection (a), a State may transfer, in such amounts as the State determines appropriate, any funds apportioned and allocated to such State from amounts made available from the Highway Trust Fund (26 U.S.C. 9503 et seq.), other than the Mass Transit Account, to any of the apportionments and allocations for the following programs authorized by title 23, United States Code: (A) The interstate maintenance program under section 119. (B) The National Highway System under section 103(b). (C) The surface transportation program under section 133. (D) The highway bridge replacement and rehabilitation program under section 144. (2) Exempt transportation funds.--The funds made available for the highway safety improvement programs authorized by section 148 and chapter 4 of title 23, United States Code, shall not be subject to transfer or consolidation under subsection (a). (c) Federal Education Funds.--In applying subsection (a), a State may, in such amounts as the State determines appropriate from any funds made available to such State under any formula grant programs carried out under any of the following provisions of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), transfer or consolidate such funds between and among such programs: (1) Part A of title I (Improving Basic Programs Operated by Local Educational Agencies). (2) Subpart 1 of part B of title I (Reading First). (3) Subpart 3 of part B of title I (William F. Goodling Even Start Family Literacy Programs). (4) Subpart 4 of part B of title I (Improving Literacy Through School Libraries). (5) Part C of title I (Education of Migratory Children). (6) Part D of title I (Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At- Risk). (7) Part F of title I (Comprehensive School Reform). (8) Part H of title I (School Dropout Prevention). (9) Subpart 1 of part A of title II (Teacher and Principal Training and Recruiting Fund (Grants to States)). (10) Part B of title II (Mathematics and Science Partnerships). (11) Part D of title II (Enhancing Education Through Technology). (12) Part A of title III (English Language Acquisition, Language Enhancement, and Academic Achievement). (13) Part A of title IV (Safe and Drug-Free Schools and Communities). (14) Part B of title IV (21st Century Community Learning Centers). (15) Subpart 2 of part A of title V (Innovative Programs (State Programs)). (16) Subpart 1 of part A of title VI (Improving Academic Achievement (Accountability)). (d) Job Training Funds.--In applying subsection (a), a State may, in such amounts as the State determines appropriate from any funds made available to such State under the following job training programs, transfer or consolidate such funds between and among such programs: (1) Any formula grant program carried out under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (2) Any funds made available to the State under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.). (e) Definitions.--In this Act-- (1) the phrase ``economic growth at an annual rate of less than 1 percent for 2 calendar quarters'' means, that for 2 consecutive calendar quarters, real gross domestic product, as announced by Bureau of Economic Analysis of the Department of Commerce, has experienced-- (A) an annual rate of decrease for such quarters; (B) no change in the annual rate for such quarters; or (C) an increase at an annual rate of less than 1 percent for such quarters; and (2) the phrase ``economic growth at an annual rate of 1 percent or more for 2 calendar quarters'' means an increase in real gross domestic product at an annual rate of 1 percent or more for 2 consecutive calendar quarters, as announced by the Bureau of Economic Analysis of the Department of Commerce for such quarters.", "summary": "State Temporary Economic Priority (STEP) Act - Authorizes states to transfer or consolidate funds made available to them under certain federal transportation, education, and job training programs: (1) beginning with the calendar quarter after the United States experiences economic growth at an annual rate of less than 1% for two consecutive calendar quarters; and (2) continuing until 18 months after it experiences economic growth at an annual rate of 1% or more for two consecutive calendar quarters."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Outer Continental Shelf Lease Sale Act''. SEC. 2. AUTHORIZATION OF BEAUFORT AND COOK INLET LEASE SALES. Beginning in fiscal year 2016 and each fiscal year thereafter, the Secretary shall conduct under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 1 or more oil and gas lease sales in-- (1) the Cook Inlet Planning Area; and (2) the portion of the Beaufort Planning Area located within 3 nautical miles of the seaward boundary of Alaska. SEC. 3. LEASE TERMS OF CERTAIN CHUKCHI AND BEAUFORT LEASES. (a) In General.--Section 8(b)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)(2)) is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking ``;'' and inserting ``; or''; and (3) by adding at the end the following: ``(C) in the case of an oil and gas lease in the portion of the Beaufort Planning Area or Chukchi Planning Area that is beyond 3 nautical miles of the seaward boundary of the State of Alaska, 20 years;''. (b) Extension of Existing Leases.-- (1) In general.--The Secretary, with the consent of the holder of a covered lease described in paragraph (2), shall extend the initial term of the covered lease to 20 years. (2) Description of covered lease.--A covered lease referred to in paragraph (1) is a lease for oil and gas production in effect on the date of enactment of this Act that was issued under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) for a portion of the Beaufort Planning Area or Chukchi Planning Area that is beyond 3 nautical miles of the seaward boundary of the State. SEC. 4. DISTRIBUTION OF REVENUE TO ALASKA. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended-- (1) by striking ``All rentals,'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), all rentals,''; and (2) by adding at the end the following: ``(b) Distribution of Revenue to Alaska.-- ``(1) Definitions.--In this subsection: ``(A) Coastal political subdivision.--The term `coastal political subdivision' means a county- equivalent subdivision of the State-- ``(i) all or part of which lies within the coastal zone of the State (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)); and ``(ii)(I) the closest point of which is not more than 200 nautical miles from the geographical center of any leased tract in the Alaska outer Continental Shelf region; or ``(II)(aa) the closest point of which is more than 200 nautical miles from the geographical center of a leased tract in the Alaska outer Continental Shelf region; and ``(bb) that is determined by the State to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers. ``(B) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(C) Qualified revenues.-- ``(i) In general.--The term `qualified revenues' means all revenues derived from all rentals, royalties, bonus bids, and other sums due and payable to the United States from energy development in the Alaska outer Continental Shelf region. ``(ii) Exclusions.--The term `qualified revenues' does not include revenues generated from leases subject to section 8(g). ``(D) State.--The term `State' means the State of Alaska. ``(E) Workforce investment board.--The term `workforce investment board' means a State or local workforce investment board established under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). ``(2) Fiscal years 2016-2026.--For each of fiscal years 2016 through 2026, the Secretary shall deposit-- ``(A) 50 percent of qualified revenues in the general fund of the Treasury; ``(B) 27.5 percent of qualified revenues in the Treasury, to be used for deficit reduction; ``(C) 7.5 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to the State; ``(D) 7.5 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to coastal political subdivisions; ``(E) 2.5 percent of qualified revenues in a special account in the Treasury, to be used to carry out the North Slope Science Initiative established under section 6(a)(1) of the Alaska Outer Continental Shelf Lease Sale Act; ``(F) 2.5 percent of qualified revenues in a special account in the Treasury, to be used by the Secretary to provide grants on a competitive basis to eligible institutions of higher education and workforce investment boards in the State to establish and providing funding for-- ``(i) programs to ensure an adequately skilled workforce to construct, operate, or maintain oil or gas pipelines; or ``(ii) programs to ensure an adequately skilled workforce to operate, maintain, and perform all environmental processes relating to existing or future oil and gas infrastructure; and ``(G) 2.5 percent of qualified revenues in a special account in the Treasury to provide financial assistance for-- ``(i) offshore leasing and development programs in the State; and ``(ii) the development of rights-of-way for pipelines to transport oil or gas produced offshore through land under the jurisdiction of the Secretary in the State. ``(3) Subsequent fiscal years.--For fiscal year 2027 and each subsequent fiscal year, the Secretary shall deposit-- ``(A) 50 percent of qualified revenues in general fund of the Treasury; ``(B) 30 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to the State; ``(C) 12.5 percent of qualified revenues in the Treasury, to be used for low-income home energy assistance, weatherization programs, and infrastructure in the Arctic; and ``(D) 7.5 in a special account in the Treasury, to be distributed by the Secretary to coastal political subdivisions. ``(4) Allocation among coastal political subdivisions.--Of the amount paid by the Secretary to coastal political subdivisions under paragraph (2)(D) or (3)(D)-- ``(A) 90 percent shall be allocated in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point in each coastal political subdivision that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and ``(B) 10 percent shall be divided equally among each coastal political subdivision that-- ``(i) is more than 200 nautical miles from the geographic center of a leased tract; and ``(ii) the State of Alaska determines to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers. ``(5) Timing.--The amounts required to be deposited under paragraphs (2) and (3) for the applicable fiscal year shall be made available in accordance with those paragraphs during the fiscal year immediately following the applicable fiscal year. ``(6) Administration.--Amounts made available under paragraphs (2) and (3) shall-- ``(A) be made available, without further appropriation, in accordance with this subsection; ``(B) remain available until expended; and ``(C) be in addition to any amounts appropriated under any other provision of law.''. SEC. 5. INCLUSION OF BEAUFORT AND CHUKCHI LEASE SALES IN 5-YEAR LEASING PROGRAMS. Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) Inclusion of Certain Lease Sales.--The Secretary shall include in any leasing program prepared in accordance with this section provisions for the conduct of at least 3 lease sales in each of the Beaufort Planning Area and the Chukchi Planning Area during the term of the leasing program.''. SEC. 6. NORTH SLOPE SCIENCE INITIATIVE. Section 348 of the Energy Policy Act of 2005 (42 U.S.C. 15906) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``(referred to in this section as the `Secretary')'' after ``Secretary of the Interior''; and (B) in paragraph (2), by inserting ``(including the Beaufort and Chukchi seas)'' after ``North Slope of Alaska''; (2) in subsection (b)-- (A) in paragraph (1), by inserting ``(including the Beaufort and Chukchi seas)'' after ``North Slope''; and (B) in paragraph (2), by striking ``develop an understanding of'' and inserting ``identify''; and (3) in subsection (c)(2), by inserting ``the Northwest Arctic Borough, the NANA Regional Corporation,'' after ``Arctic Slope Regional Corporation,''.", "summary": "Alaska Outer Continental Shelf Lease Sale Act This bill requires the Department of the Interior to conduct oil and gas lease sales in the Cook Inlet Planning Area, and in the portion of the Beaufort Planning Area located within three nautical miles of the seaward boundary of Alaska. Oil and gas leases under the Outer Continental Shelf Lands Act shall have an initial 20-year lease period (extendable for an additional 20 years) if they are located in the portion of the Beaufort Planning Area or Chukchi Planning Area beyond three nautical miles of the seaward boundary of the State of Alaska. The bill establishes, for FY2016-FY2026, a scheme for revenue allocation between the Treasury and the state of Alaska for specified purposes, including workforce development relating to oil and gas infrastructure and, for FY2027 and beyond, certain related activities of coastal political subdivisions. Interior must also include in any leasing program at least three lease sales in each of the Beaufort Planning Area and the Chukchi Planning Area. The North Slope Science Initiative under the Energy Policy Act of 2005 shall now include the Beaufort and Chukchi Seas. Interior must enter into cooperative agreements with the Northwest Arctic Borough and the NANA Regional Corporation to coordinate efforts, share resources, and fund projects."}
{"article": "SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Family and Medical Leave Enhancement Act''. (b) Reference.--Whenever in sections 2, 3, and 5 an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Family and Medical Leave Act of 1993. SEC. 2. ELIGIBLE EMPLOYEE. Section 101(2)(B)(ii) (29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``50'' each place it occurs and inserting ``25''. SEC. 3. ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT. (a) Leave Requirement.--Section 102(a) (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Entitlement to additional leave for parental involvement.-- ``(A) In general.--Subject to section 103(f), in addition to leave available under paragraph (1), an eligible employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter of the employee, including a foster child of the employee. ``(B) Definitions.--As used in subparagraph (A): ``(i) School.--The term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.''. ``(ii) Community organization.--The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 101(12), such as a scouting or sports organization.''. (b) Schedule.--Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3)(A) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2)(A) (29 U.S.C. 2612(d)(2)(A)) is amended by inserting before the period the following: ``, or for leave provided under subsection (a)(3)(A) for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 102(e)(1) (29 U.S.C. 2612(e)(1)) is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3)(A), the employee shall provide the employer with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 103 (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Parental Involvement Leave.--An employer may require that a request for leave under section 102(a)(3)(A) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 4. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Subject to section 6383(f), in addition to leave available under paragraph (1), an employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter of the employee, including a foster child of the employee. ``(B) As used in this paragraph: ``(i) The term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.''. ``(ii) The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 6381(6), such as a scouting or sports organization.''. (b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3)(A) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting before ``, except'' the following: ``, or for leave provided under subsection (a)(3)(A) any of the employee's accrued or accumulated annual leave under subchapter I for any part of the 24- hour period of such leave under such subsection''. (d) Notice.--Section 6382(e)(1) of such title is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3)(A), the employee shall provide the employing agency with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3)(A) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''. SEC. 5. CLARIFICATION OF LEAVE ENTITLEMENT. Section 102(a)(1) (29 U.S.C. 2612(a)(1)) is amended by adding at the end the following: ``(E) To meet routine family medical needs, including transportation of children for medical and dental appointments for annual checkups and vaccinations. ``(F) To meet the routine medical care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes.''.", "summary": "Family and Medical Leave Enhancement Act - Amends the Family and Medical Leave Act of 1993 to extend coverage to employees at worksites where the employer employs at least 25 (currently 50) employees at the worksite and within 75 miles of that worksite. Allows employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend their children's educational and extracurricular activities. Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees. Provides that leave under such Act may be taken to meet: (1) routine family medical needs, including transportation of children for medical and dental appointments for annual checkups and vaccinations; and (2) the routine medical care needs of elderly relatives of the eligible employee, including visits to nursing homes and group homes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Access for Afghan Women Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Despite the removal of the Taliban from power, Afghan women continue to experience brutal violation of their human rights, generally outside of Kabul where warlords are reexerting control. (2) Strong and continued United States support can ensure that the advances made by Afghan women since the fall of the Taliban will continue and grow, rather than recede. (3) The United States has made a substantial contribution to the emergency relief and humanitarian efforts for Afghanistan. Completing the United States mission in Afghanistan will also require significant and long-term investments in development and reconstruction assistance. (4) The maternal mortality rate in Afghanistan is one of the highest in the world, with recent reports estimating that every 30 minutes an Afghan women dies (about 15,000 women every year) of pregnancy related causes. The estimated maternal mortality rate of 1,700 deaths per 100,000 live births can be significantly and rapidly reduced through access to primary health care services, including safe birthing supplies, emergency obstetric care, prenatal and postnatal care, contraception, and prevention and treatment for the effects of sexual coercion and rape. (5) Women make up 75 percent or more of the refugees and internally displaced in camps, urban areas, and villages. (6) Eighty-five percent of Afghanistan's population lives in rural areas. The women in rural areas perform vital roles in food production, processing, and preparation. Successful reconstruction and development assistance must target rural women as part of any agricultural interventions. (7) Within Afghanistan and outside of Afghanistan, local women's organizations are delivering critical services and have the knowledge and experience to assist the United States in delivering effective relief aid. (8) The Afghan Ministry for Women's Affairs is an important new ministry that is essential for re-establishing women's human rights, ensuring that women are included in all development efforts, and delivering critical legal, health, education, and economic services to women throughout Afghanistan's 30 provinces. (9) Afghan women are taking the initiative to reach across the conflict divide and foster peace. Women's perspectives and experiences in seeking solutions to conflicts are necessary to ensure lasting peace. (10) Adequate security in both urban and rural areas is essential if women and girls are to exercise their human rights, work, attend school, and otherwise participate in and benefit from humanitarian and development programs sponsored by the United States. SEC. 3. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN AFGHANISTAN. (a) In General.--Activities described in subsections (b) through (e) that are carried out by the United States in Afghanistan shall comply with the applicable requirements contained in such subsections. (b) Governance of Afghanistan.--With respect to the governance of Afghanistan, the applicable requirements are the following: (1) Include the perspectives and advice of Afghan women's organizations, networks, and leaders in United States policymaking related to the governance of Afghanistan. (2) Promote the inclusion of a significant number of women in the Loya Jirga and future legislative bodies to ensure that women's full range of human rights are included and upheld in any constitution or legal structures of Afghanistan. (3) Promote the continuation and strengthening of the Ministry for Women's Affairs as the Afghan Government transitions to a long-term government structure, and encourage the appointment of women to high level positions within Afghan ministries. (c) Post-Conflict Reconstruction and Development.--With respect to activities relating to post-conflict stability in Afghanistan, the applicable requirements are the following: (1) Ensure that a significant portion of United States development, humanitarian, and relief assistance is channeled to local and United States-based Afghan organizations, particularly Afghan women's organizations. Provide technical assistance, training, and capacity-building for local organizations to ensure that United States funded efforts will be both effective and sustainable. (2) Encourage United States organizations that receive funds authorized by this Act to partner with or create Afghan- led counterpart organizations and provide these organizations with significant financial resources, technical assistance, and capacity building. (3) Provide direct financial and programmatic assistance to the Ministry of Women's Affairs adequate to ensure that the Ministry is able to fulfill its mandate. (4) Promote multiyear women-centered economic development programs, including programs to assist widows, female heads of household, women in rural areas, and disabled women. (5) Increase women's access to or ownership of productive assets such as land, water, agricultural inputs, credit, and property. (6) Provide long-term financial assistance for primary, secondary, higher, nontraditional, and vocational education for Afghan girls, women, boys, and men. (7) Provide financial assistance to build the health infrastructure and to deliver high-quality comprehensive health care programs, including primary, maternal, child, reproductive, and mental health care. (8) Integrate education and training programs for former combatants with economic development programs to encourage their reintegration into society and to promote post-conflict stability. (9) Provide assistance to rehabilitate children affected by the conflict, particularly child soldiers. (10) Support educational efforts to increase awareness with respect to landmines, facilitate the removal of landmines, and provide services to individuals with disabilities caused by landmines. (11) Include programs to prevent trafficking in persons, assist victims, and apprehend and prosecute traffickers in persons. (d) Afghan Military and Police.--With respect to training for military and police forces in Afghanistan, the applicable requirements are the following: (1) Include training on the protection, rights, and the particular needs of women and emphasize that violations of women's rights are intolerable and should be prosecuted. (2) Encourage such trainers who will carry out the activities in paragraph (1) to consult with women's organizations in Afghanistan to ensure that training content and materials are adequate, appropriate, and comprehensive. (e) Relief, Resettlement, and Repatriation of Refugees and the Internally Displaced.--With respect to the relief, resettlement, and repatriation of refugees and internally displaced in Afghanistan, the applicable requirements are the following: (1) Take all necessary steps to ensure that women refugees and internally displaced in camps, urban areas, and villages are directly receiving food aid, shelter, relief supplies, and other services from United States-sponsored programs. (2) Take all necessary steps to ensure that women refugees in camps, urban areas, and villages are accessing high-quality health and medical services, including primary, maternal, child, and mental health services. (3) Take all necessary steps to ensure that women and children in refugee camps are protected from sexual exploitation. (4) Take all necessary steps to ensure refugees and internally displaced persons that seek to return to their place of origin can do so voluntarily, safely, and with the full protection of their rights. United States-sponsored efforts shall not coerce refugees or internally displaced persons to return to their places of origin. SEC. 4. REPORTING REQUIREMENTS. Not later than 60 days after the date of enactment of this Act, and annually thereafter, the President shall prepare and transmit to Congress a report that contains documentation of the progress in implementing the requirements of section 3. All data shall be disaggregated by sex.", "summary": "Access for Afghan Women Act - Directs the United States to undertake a variety of measures to guard and enhance the quality of life of Afghan women, including: (1) incorporating the perspectives and advice of Afghan women's organizations and leaders in U.S. policymaking related to the governance of Afghanistan; (2) promoting the inclusion of a significant number of women in the Loya Jirga and future legislative bodies to ensure that women's human rights are included in any constitution for Afghanistan; (3) ensuring a significant portion of U.S. assistance is channeled to local and U.S.-based Afghan organizations, particularly Afghan women's organizations, and to high-quality comprehensive health care programs and education and training programs in Afghanistan; (4) training on the protection, rights, and the particular needs of women with respect to training for military and police forces in Afghanistan; and (5) ensuring that women refugees and those internally displaced in camps, urban areas, and villages are receiving food aid, health and medical services, and are free from sexual exploitation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Export Support Act of 2010''. SEC. 2. EXPORT LICENSING COMPLIANCE ASSISTANCE BY COMMERCIAL SERVICE DISTRICT OFFICES. Section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721) is amended-- (1) in subsection (b)-- (A) in paragraph (8), by striking ``; and'' and inserting a semicolon; (B) in paragraph (9), by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(10) providing small businesses and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing requirements.''; and (2) in subsection (c)(3)-- (A) by inserting ``(A)'' before ``The Secretary shall''; and (B) by adding at the end the following new subparagraphs: ``(B) The Secretary shall assign export licensing compliance specialists to at least 20 district offices (or, at any time when there are 20 or fewer such offices, to all such offices). Such export licensing compliance specialists shall provide small businesses and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing requirements. ``(C) In determining whether to assign an export licensing compliance specialist to a district office under subparagraph (B), the Secretary shall take into account the need for such assistance of the small businesses and medium-sized businesses in the region served by the office. In assessing such need, the Secretary shall consider such indicators of the small business and medium-sized business industrial base in the region as the Secretary considers appropriate, including the number of small businesses and medium-sized businesses in the region that have been issued export licenses.''. SEC. 3. ANNUAL REVIEWS OF COMMERCIAL SERVICE DISTRICT OFFICE STAFFING. (a) In General.--Not later than 60 days after the end of each fiscal year that ends after the date of the enactment of this Act, the Secretary of Commerce shall complete a review, with respect to such fiscal year, of the level of staffing at each district office of the United States and Foreign Commercial Service established under section 2301(c)(3)(A) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(c)(3)(A)) to determine, for the fiscal year that begins after the date of the completion of the review, the level of staffing at each office that will enable such office to effectively serve small businesses and medium-sized businesses. (b) Elements of Review.--A review under subsection (a) shall include with respect to each district office-- (1) a determination of the number of staff employed in the office during the fiscal year in which the review is completed and during each of the preceding 9 fiscal years; (2) a determination of the need of small businesses and medium-sized businesses in the region served by the office for the services and assistance described in section 2301(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)), as indicated by factors including-- (A) the volume of requests made by small businesses and medium-sized businesses to the office for such services and assistance; (B) the number of small businesses and medium-sized businesses in the region that have been issued export licenses; and (C) such other indicators of the small business and medium-sized business industrial base in the region as the Secretary considers appropriate; (3) an assessment of the overall performance of the office in providing such services and assistance to small businesses and medium-sized businesses; (4) an assessment of whether any changes should be made in the number of staff employed in the office for the fiscal year that begins after the date of the completion of the review, including whether, based on the determination under paragraph (2), an export licensing compliance specialist should be assigned (or continue to be assigned) to the office under section 2301(c)(3)(B) of such Act (15 U.S.C. 4721(c)(3)(B)); (5) an assessment of whether any changes in funding for the office for such fiscal year will be necessary to implement any changes identified under paragraph (4); and (6) such other elements as the Secretary considers appropriate. (c) Inclusion in President's Budget Submission to Congress.-- (1) Submission by secretary to president.--For each fiscal year with respect to which a review is completed under subsection (a), the Secretary shall prepare a report on the review and shall include the report in the submission to the President of materials relating to the budget of the Department of Commerce for the fiscal year that begins after the date of the completion of the review. The Secretary shall include in the report a statement that-- (A) assesses the consistency of any budgetary requests made by the Secretary in the submission with the conclusions in the review regarding appropriate levels of staffing and funding; and (B) justifies any inconsistencies between the requests and the conclusions. (2) Submission by president to congress.--The President shall include the report submitted under paragraph (1) in the budget of the United States Government submitted to Congress under section 1105(a) of title 31, United States Code, for the fiscal year that begins after the date of the submission of the report to the President by the Secretary. The President shall attach to the report an addendum that-- (A) assesses the consistency of the budget with the conclusions in the review regarding appropriate levels of staffing and funding; and (B) justifies any inconsistencies between the budget and the conclusions. SEC. 4. DESIGNATION OF EXPORT LICENSING COORDINATORS. (a) In General.--Each official described in subsection (c) shall designate an export licensing coordinator for the department or agency of the official. The export licensing coordinator for a department or agency shall be an individual who exercises significant decisionmaking authority in the department or agency. (b) Duties.--The export licensing coordinator designated for a department or agency under subsection (a) shall devise, encourage, and coordinate activities by the department or agency that provide small businesses and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing requirements. (c) Officials Described.--The officials described in this subsection are the following: (1) The Secretary of Commerce. (2) The Secretary of Defense. (3) The Secretary of State. (4) The Secretary of the Treasury. (5) The Administrator of the Small Business Administration. SEC. 5. INTERAGENCY TASK FORCE ON EXPORT CONTROL ASSISTANCE AND RELIEF FOR SMALL AND MEDIUM-SIZED BUSINESSES. (a) Establishment.--There is established in the Department of Commerce an Interagency Task Force on Export Control Assistance and Relief for Small and Medium-Sized Businesses (in this section referred to as the ``Task Force''). (b) Duties of Task Force.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Task Force shall submit to Congress a report containing-- (A) recommendations for improving the support, training, education, and compliance assistance regarding export licensing requirements provided to small businesses and medium-sized businesses by the Federal Government, including recommendations regarding any increases in the amount or changes in the allocation of resources for such support, training, education, and compliance assistance; (B) recommendations for changes to such requirements to improve opportunities for small businesses and medium-sized businesses to export goods and services from the United States; and (C) such other recommendations as the Task Force considers appropriate. (2) Input from businesses.--The Task Force shall consult with small businesses and medium-sized businesses in preparing the report required by paragraph (1). (c) Membership.-- (1) In general.--The Task Force shall be composed of the officials described in section 4(c). (2) Compensation.--A member of the Task Force may not receive pay, allowances, or benefits by reason of service on the Task Force in addition to pay, allowances, or benefits by reason of service as an officer of the United States in the capacity listed in section 4(c) in which the member serves. (3) Chairperson.--The Chairperson of the Task Force shall be elected by the members. (4) Quorum.--Three members of the Task Force shall constitute a quorum, but a lesser number may hold hearings. (d) Administrative and Support Services.--Upon the request of the Chairperson, the Secretary of Commerce shall provide to the Task Force, without reimbursement, such administrative and support services, including details of personnel, as may be necessary to enable the Task Force to carry out its duties under this section. SEC. 6. DEFINITIONS. (a) Small Business Defined.--In this Act, the term ``small business'' means a small business concern, as defined under section 3 of the Small Business Act (15 U.S.C. 632). (b) Additional Definition for Sections 4 and 5.--In sections 4 and 5, the term ``export licensing requirements'' includes export licensing requirements under section 38 of the Arms Export Control Act (22 U.S.C. 2778).", "summary": "Small Business Export Support Act of 2010 - Amends the Export Enhancement Act of 1988 to require the Secretary of Commerce to assign export licensing compliance specialists to at least 20 United States and Foreign Commercial Service district offices to provide small and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing, including arms export licensing, requirements. Directs the Secretary to review and report to the President annually on the level of staffing at each such district office in order to determine the level that will enable it to serve such businesses effectively. Requires each of the Secretaries of Commerce, of Defense (DOD), of State, and of the Treasury, as well as the Administrator of the Small Business Administration (SBA), to designate an export licensing coordinator who exercises significant decisionmaking authority in the respective department or agency. Requires the coordinator to devise, encourage, and coordinate department or agency activities providing small and medium-sized businesses with export licensing assistance under this Act. Establishes in the Department of Commerce an Interagency Task Force on Export Control Assistance and Relief for Small and Medium-Sized Businesses to report annually to Congress its recommendations for improving such assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drunk Driving Repeat Offender Prevention Act of 2009''. SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED DRIVING. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. Use of ignition interlock devices to prevent repeat intoxicated driving ``(a) Definitions.--In this section: ``(1) Alcohol concentration.--The term `alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. ``(2) Driving while intoxicated; driving under the influence.--The terms `driving while intoxicated' and `driving under the influence' mean driving or being in actual physical control of a motor vehicle in a State while having an alcohol concentration above the permitted limit as established by the State. ``(3) Ignition interlock device.--The term `ignition interlock device' means an in-vehicle device that requires a driver to provide a breath sample prior to the motor vehicle starting, and that prevents a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit. ``(4) Motor vehicle.-- ``(A) In general.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways. ``(B) Exclusions.--The term `motor vehicle' does not include-- ``(i) a vehicle operated solely on a rail line; or ``(ii) a commercial vehicle. ``(b) Laws Requiring Ignition Interlock Devices.--A State meets the requirements of this subsection if the State has enacted and is enforcing a law that requires throughout the State the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual who is convicted of driving while intoxicated or driving under the influence. ``(c) Withholding of Funds for Noncompliance.-- ``(1) Fiscal year 2013.--On October 1, 2012, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) if the State does not meet the requirements of subsection (b). ``(2) Fiscal year 2014.--On October 1, 2013, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) if the State does not meet the requirements of subsection (b). ``(3) Fiscal year 2015 and thereafter.--On October 1, 2014, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) if the State does not meet the requirements of subsection (b). ``(d) Period of Availability of Withheld Funds; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.--Any funds withheld under subsection (c) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (c) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements of subsection (b), apportion to the State the funds withheld under subsection (c) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.--Any funds apportioned pursuant to paragraph (2)-- ``(A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and ``(B) if not apportioned at the end of that period, shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (c) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (b), the funds shall lapse.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. Use of ignition interlock devices to prevent repeat intoxicated driving.''.", "summary": "Drunk Driving Repeat Offender Prevention Act of 2009 - Directs the Secretary of Transportation to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2013-FY2015 if the state has not enacted and is not enforcing a law requiring the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Abuse Prevention and Treatment Act of 2014''. SEC. 2. PILOT PROJECT. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall award grants to one or more States to carry out a 1-year pilot project to develop a standardized peer review process and methodology to review and evaluate prescribing and pharmacy dispensing patterns, through a review of prescription drug monitoring programs (referred to in this section as ``PDMP'') in the States receiving such grants. (b) Methodology.--The recipients of a grant under this section shall develop a systematic, standardized methodology to identify and investigate questionable or inappropriate prescribing and dispensing patterns of substances on schedule II or III under section 202 of the Controlled Substances Act (21 U.S.C. 812). Such peer review methodology and prescribing and dispensing patterns shall be shared with the appropriate State regulators and health profession boards. (c) Requirements.--A State receiving a grant under this section-- (1) with respect to controlled substances for which a prescriber is required to be registered with by the Drug Enforcement Administration in order to prescribe such controlled substances, shall make the information with respect to such controlled substances from the PDMP available to State regulators and licensing boards; and (2) with respect to any other controlled substances, may make the information with respect to such controlled substances from the PDMP available to State regulators and licensing boards. (d) Subgrantees.--A quality improvement organization with which the Secretary has entered into a contract under part B of title XI of the Social Security Act (42 U.S.C. 1320c et seq.) may serve as the subgrantee under this subsection to develop peer review processes as described in subsection (a). SEC. 3. PRESCRIPTION DRUG, HEROIN, AND OTHER CONTROLLED SUBSTANCE ABUSE PREVENTION. Part P of title III of the Public Health Service Act (42 U.S.C. 280g) is amended by adding at the end the following: ``SEC. 399V-6. PRESCRIPTION DRUG, HEROIN, AND OTHER CONTROLLED SUBSTANCE ABUSE PREVENTION. ``(a) Training Grants.-- ``(1) In general.--The Secretary shall award 5-year grants to eligible entities to facilitate training in order to increase the capacity of health care providers to conduct patient screening, brief interventions, and referral to treatment as needed, such as in health care settings to prevent the abuse of prescription drugs, heroin, and other controlled substances. The grant program under this section may be coordinated with the Screening Brief Intervention and Referral to Treatment grant program of the Substance Abuse and Mental Health Services Administration, or other appropriate programs. ``(2) Eligible entities.--In this subsection, the term `eligible entity' includes-- ``(A) States; ``(B) physician organizations; ``(C) continuing education entities, such as health profession boards or health accrediting bodies; ``(D) peer recovery organizations; and ``(E) other appropriate health or professional education organizations or institutions. ``(b) Expansion of Prescribing Authority.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants to States for the purpose of evaluating the prospect of the health professions board of such States reviewing and expanding prescribing authorities of providers, such as advance practice nurses and physician's assistants, with respect to prescribing drugs for the treatment of the abuse of prescription drugs, heroin, or other controlled substances.''. SEC. 4. PRESCRIPTION DRUG ABUSE TRAINING AND SCREENING PROGRAMS. (a) Continuing Education Grants.--The Secretary shall award grants to States to develop continuing education criteria and review processes that allow State health profession boards or State agencies to certify appropriate education and training for informed and safe prescribing of opioids and other drugs listed on schedule II or III under section 202 of the Controlled Substances Act (21 U.S.C. 812). (b) Screening Program.--The Attorney General shall request that a practitioner registered under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) conduct patient screening for potential drug misuse or abuse before prescribing a drug listed on schedule II or III under section 202 of the Controlled Substances Act (21 U.S.C. 812), according to standards established by the applicable State licensing body. SEC. 5. FDA REVIEW OF NALOXONE. The Secretary, acting through the Commissioner of Food and Drugs, shall conduct a review of naloxone to consider whether naloxone should cease to be subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) and be available as an over-the-counter drug, in order to increase access to such drug. SEC. 6. PRESCRIPTION DRUG DISPOSAL. The Secretary shall convene or coordinate with an existing entity an interagency working group-- (1) to encourage States and local governments to increase opportunities for disposal of opiates, such as frequent ``take- back programs'' and fixed medicine disposal sites at law enforcement public buildings; and (2) to reduce opportunities for abuse of opiates, such as establishing opioid dispensing limits at hospital emergency departments. SEC. 7. GAO REPORT. The Comptroller General of the United States shall-- (1) review opioid abuse programs, heroin abuse programs, and policies in Federal agencies and best practices with respect to opioid and heroin abuse and overdose programs of the States; and (2) not later than 18 months after the date of enactment of this Act, issue a report to Congress on its findings and recommendations on ways to reduce opioid and heroin abuse and overdoses.", "summary": "Opioid Abuse Prevention and Treatment Act of 2014 - Requires the Secretary of Health and Human Services (HHS) to award grants to states to develop a peer review process to identify and investigate questionable or inappropriate prescribing and dispensing patterns of drugs classified as schedule II or III under the Controlled Substances Act, which are drugs with an accepted medical use that have the potential to be abused and addictive. Amends the Public Health Service Act to require the Secretary to establish grant programs to: (1) facilitate training to increase the capacity of health care providers to screen and treat patients to prevent drug abuse, and (2) develop continuing education criteria that allow health profession boards or state agencies to certify appropriate education for safe prescribing of schedule II or III drugs. Requires the Administrator of the Health Resources and Services Administration to award grants to evaluate the prospect of state health professions boards expanding the authority of providers to prescribe drugs to treat drug abuse. Requires the Attorney General to request that practitioners registered to dispense controlled substances screen patients for potential drug abuse before prescribing a schedule II or III drug. Directs the Food and Drug Administration (FDA) to consider whether naloxone (a prescription drug used to rapidly reverse an overdose of heroin or other opioids, which are drugs with effects similar to opium) should be available without a prescription. Requires the Secretary to use an interagency working group to encourage states and local governments to increase opportunities for disposal of opiates (drugs derived from opium) and to reduce opportunities for abuse of opiates. Requires the Government Accountability Office (GAO) to review federal opioid abuse activities and make recommendations to reduce opioid abuse and overdoses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Carbon Conservation Act''. SEC. 2. CARBON SEQUESTRATION PROGRAM. (a) Carbon Sequestration Program.--Within 180 days after the date of the enactment of this Act, the implementing panel shall establish a carbon sequestration program to permit project sponsors to make carbon sequestration project proposals to the implementing panel. (b) Implementing Panel.--There is established within the National Institute of Standards and Technology of the Department of Commerce an implementing panel consisting of-- (1) the Director of the National Institute of Standards and Technology, (2) the Secretary of Agriculture, (3) the Secretary of State, (4) the Secretary of Energy, (5) the Chief of the Forest Service, and (6) representatives of nongovernmental organizations who have an expertise and experience in carbon sequestration practices, appointed by the Secretary of Agriculture. The Chief of the Forest Service shall act as chairperson of the implementing panel. (c) Carbon Sequestration Project.--For purposes of this section-- (1) In general.--The term ``carbon sequestration project'' means a project-- (A) which is located outside the United States, (B) the duration of which is not less than 30 years, (C) which is designed to increase the sequestration of carbon, and (D) which is accepted by the implementing panel under the carbon sequestration program. (2) Acceptance of project proposals.-- (A) In general.--Under the carbon sequestration program, the implementing panel shall accept a proposal for a carbon sequestration project from a project sponsor only if-- (i) the proposal includes a needs assessment described in subparagraph (B), (ii) the proposal identifies the benefits of carbon sequestration practices of the sponsored project under criteria developed to evaluate such benefits under subsection (d) and under guidelines instituted to quantify such benefits under subsection (e) and includes an agreement by the sponsor to carry out such practices as described in subparagraph (C), and (iii) the proposal includes an agreement to provide verification of compliance with an approved project as described in subparagraph (D) under standards established under subsection (f). (B) Needs assessment.--A needs assessment described in this subparagraph is an assessment of the need for the carbon sequestration project described in a proposal and the ability of the project sponsor to carry out the carbon sequestration practices related to such project. The assessment shall be developed by the project sponsor, in cooperation with the Agency for International Development, nongovernmental organizations, and independent third-party verifiers. (C) Carbon sequestration practices.--Under a carbon sequestration project proposal, the project sponsor shall agree to contract with other entities, including organizations based in the country in which the sponsored carbon sequestration project is located, to carry out carbon sequestration practices proposed by the project sponsor which (as determined by the implementing panel)-- (i) provide for additional carbon sequestration beyond that which would be provided in the absence of such project, and (ii) contribute to a positive reduction of greenhouse gases in the atmosphere through carbon sequestration over at least a 30-year period. (D) Verification of compliance with approved carbon sequestration project.--Under a carbon sequestration project proposal, the project sponsor shall agree to provide the implementing panel with verification through a third party that such project is sequestering carbon in accordance with the proposal approved by the implementing panel, including an annual audit of the project, an actual verification of the practices at the project site every 5 years, and such random inspections as are necessary. (d) Criteria for Evaluating Benefits of Carbon Sequestration Practices.-- (1) In general.--Under the carbon sequestration program the Chief of the Forest Service, in consultation with other members of the implementing panel, shall develop criteria for prioritizing, determining the acceptability of, and evaluating, the benefits of the carbon sequestration practices proposed in projects for the purpose of determining the acceptability of project proposals. (2) Content.--The criteria shall ensure that carbon sequestration investment credits under section 45E of the Internal Revenue Code of 1986 are not allocated to projects the primary purpose of which is to grow timber for commercial harvest or to projects which replace native ecological systems with commercial timber plantations. Projects should be prioritized according to-- (A) native forest preservation, especially with respect to land which would otherwise cease to be native forest land, (B) reforestation of former forest land where such land has not been forested for at least 10 years, (C) biodiversity enhancement, (D) the prevention of greenhouse gas emissions through the preservation of carbon storing plants and trees, (E) soil erosion management, (F) soil fertility restoration, and (G) the duration of the project, including any project under which other entities are engaged to extend the duration of the project beyond the minimum carbon sequestration project term. (e) Guidelines for Quantifying Benefits.-- (1) In general.--Under the carbon sequestration program, the Chief of the Forest Service, in consultation with other members of the implementing panel, shall institute guidelines for the development of methodologies for quantifying the amount of carbon sequestered by particular projects for the purposes of determining the acceptability of project proposals. These guidelines should set standards for project sponsors with regard to-- (A) methodologies for measuring the carbon sequestered, (B) measures to assure the duration of projects sponsored, (C) criteria that verifies that the carbon sequestered is additional to the sequestration which would have occurred without the sponsored project, (D) reasonable criteria to evaluate the extent to which the project displaces activity that causes deforestation in another location, and (E) the extent to which the project promotes sustainable development in a project area, particularly with regard to protecting the traditional land tenure of indigenous people. (2) Basis.--In developing the guidelines, the Chief of the Forest Service shall-- (A) consult with land grant universities and entities which specialize in carbon storage verification and measurement, and (B) use information reported to the Secretary of Energy from projects carried out under the voluntary reporting program of the Energy Information Administration under section 1605 of the Energy Policy Act of 1992 (42 U.S.C. 13385). (f) Verification Standards.--Under the carbon sequestration program, the Director of the National Institute of Standards and Technology, in consultation with other members of the implementing panel and the National Science Foundation, shall establish verification standards for purposes of subsection (c)(2)(D). (g) Program Reporting.--The Administrator of the Energy Information Administration, in consultation with the Secretary of Agriculture, shall develop forms to monitor carbon sequestration improvements made as a result of the program established under this section and the implementing panel shall use such forms to report to the Administrator on-- (1) carbon sequestration improvements made as a result of the program, (2) carbon sequestration practices of project sponsors enrolled in the program, and (3) compliance with the terms of the implementing panel's approval of projects. (h) Authorization of Appropriations.--There is authorized to be appropriated such sums as are necessary to carry out the program established under subsection (a). SEC. 3. EXPORT-IMPORT BANK FINANCING. An owner or operator of property that is located outside of the United States and that is used in a carbon sequestration project approved by the implementing panel under section 2 may enter into a contract for an extension of credit from the Export-Import Bank of the United States of up to 75 percent of the cost of carrying out the carbon sequestration practices specified in the carbon sequestration project proposal to the extent that the Export-Import Bank determines that the cost sharing is appropriate, in the public interest, and otherwise meets the requirements of the Export-Import Bank Act of 1945. SEC. 4. EQUITY INVESTMENT INSURANCE. An owner or operator of property that is located outside of the United States and that is used in a carbon sequestration project approved by the implementing panel under section 2 may enter into a contract for investment insurance issued by the Overseas Private Investment Corporation pursuant to section 234 of the Foreign Assistance Act of 1961 (22 U.S.C. 2194) if the Corporation determines that issuance of the insurance is consistent with the provisions of such section 234.", "summary": "International Carbon Conservation Act - Establishes within the Department of Commerce's National Institute of Standards and Technology an implementing panel, to be headed by the Chief of the Forest Service, which shall: (1) establish a carbon sequestration program; and (2) accept qualifying projects located outside of the United States.Permits an owner or operator of property located outside the United States that is used in a qualifying project to be eligible for: (1) credit extension from the Export-Import Bank of the United States of up to 75 percent of the cost of carrying out the carbon sequestration practices specified in the contract; and (2) investment insurance issued by the Overseas Private Investment Corporation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Congestion Relief Act of 2005''. SEC. 2. SURFACE TRANSPORTATION PROGRAM. (a) Division of Funds Between Urbanized Areas of Over 200,000 Population and Other Areas.--Section 133(d)(3)(A) of title 23, United States Code, is amended-- (1) by striking ``62.5 percent of''; and (2) by striking ``The remaining 37.5 percent may be obligated in any area of the State.''. (b) Obligation Authority.--Section 133(f)(1) of such title is amended by striking ``the period of fiscal years 1998'' and all that follows through ``2003'' and inserting ``the period of fiscal years 2004 through 2006 and the period of fiscal years 2007 through 2009''. SEC. 3. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM. (a) Allocations.--Section 149 of title 23, United States Code, is amended by adding at the end the following: ``(f) Allocations of Apportioned Funds.-- ``(1) In general.--A State shall allocate the amounts apportioned to the State for a fiscal year under section 104(b)(2) and the amounts apportioned for the congestion mitigation and air quality improvement program under section 110 among metropolitan planning organizations and other agencies responsible for air quality conformity determinations in federally designated air quality areas in the ratio that-- ``(A) the total of all weighted nonattainment and maintenance area populations (as determined under section 104(b)(2)) represented by the metropolitan planning organization or other agency; bears to ``(B) the total of all weighted nonattainment and maintenance area populations (as determined under section 104(b)(2)) in the State. ``(2) Nonapplicability to certain amounts.--Amounts described in subsections (c)(1) and (c)(2) that may be used for any project eligible under the surface transportation program under section 133 shall not be subject to the requirements of paragraph (1). ``(3) Availability of amounts.--A State may reallocate amounts allocated under this subsection as necessary to prevent lapses of funds under section 118. ``(4) Obligation authority.--A State shall make available to a metropolitan planning organization or other agency to which amounts are allocated for a fiscal year under this section an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area represented by the metropolitan planning organization or other agency that is equal to the amount obtained by multiplying-- ``(A) the aggregate amount of funds that the State is required to obligate in the area under this subsection; and ``(B) the ratio that-- ``(i) the aggregate amount of obligation authority distributed to the State for Federal- aid highways and highway safety construction programs for the fiscal year; bears to ``(ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs for the fiscal year. ``(5) Joint responsibility.--Each State, each affected metropolitan planning organization or other agency, and the Secretary shall jointly ensure compliance with paragraph (4).''. SEC. 4. NATIONAL HIGHWAY SYSTEM. (a) Selection of Projects.--Section 103(a)(6) of title 23, United States Code, is amended by inserting ``the project selection requirements of section 134(i)(4)(B) and'' after ``Subject to''. (b) Allocation.--Section 103(b) of such title is amended by adding at the end the following: ``(7) Allocation to urbanized areas of over 200,000 population.--The funds apportioned to a State under section 104(b)(1) for a fiscal year shall be allocated between urbanized areas with a population of over 200,000 in the State and other areas in the State-- ``(A) 75 percent in the ratio that-- ``(i) the total lane miles on the National Highway System in such urbanized areas in the State; bears to ``(ii) the total lane miles on the National Highway System in all areas in the State; and ``(B) 25 percent in the ratio that-- ``(i) the total vehicle miles traveled on the National Highway System in such urbanized areas in the State; bears to ``(ii) the total vehicle miles traveled on the National Highway System in all areas in the State.''. SEC. 5. MINIMUM GUARANTEE. Section 105(c)(2) of title 23, United States Code, is amended by striking ``paragraphs (1), (2), and (3)'' and inserting ``paragraphs (1) and (2)''. SEC. 6. METROPOLITAN CONGESTION RELIEF PROGRAM. (a) In General.--Subchapter I of chapter I of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Metropolitan congestion relief program ``(a) Establishment.--The Secretary shall establish a metropolitan congestion relief program in accordance with this section. ``(b) Eligible Projects.--A project shall be eligible for assistance under this section if the project is eligible for assistance under the surface transportation program established by section 133 and the project is developed in accordance with the planning requirements of subsection (c). ``(c) Planning.--Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135. In addition, with respect to each project carried out under this section, the appropriate metropolitan planning organization shall demonstrate, as part of its congestion management system if applicable, that the project will improve congestion in its region. ``(d) Apportionment.-- ``(1) Eligible urbanized areas.--Amounts made available to carry out this section for a fiscal year shall be apportioned directly to a metropolitan planning organization designated for-- ``(A) an urbanized area that has a travel time index of 1.2 or more; and ``(B) an urbanized area with a population of more than 1,000,000 that otherwise would not be eligible under subparagraph (A). ``(2) Formula.--Amounts made available to carry out this section for a fiscal year shall be apportioned among eligible urbanized areas under paragraph (1) as follows: ``(A) 50 percent in the ratio that-- ``(i) the travel time index of the eligible urbanized area; bears to ``(ii) the travel time index of all eligible urbanized areas. ``(B) 50 percent in the ratio that-- ``(i) the passenger miles traveled in the eligible urbanized area; bears to ``(ii) the passenger miles traveled in all eligible urbanized areas. ``(3) Determinations.--Eligibility and apportionment determinations under this subsection shall be made by the Secretary based on data from the most recent year for which data is available. ``(e) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $2,000,000,000 for each of fiscal years 2004 through 2009. ``(f) Definitions.--In this section, the following definitions apply: ``(1) Travel time index.--The term `travel time index' means the travel time index developed by the Texas Transportation Institute and included in the performance plan of the Federal Highway Administration. ``(2) Passenger miles traveled.--The term `passenger miles traveled' includes daily vehicle miles traveled and daily transit ridership as measured by Secretary.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating section 164 the following: ``165. Metropolitan congestion relief program.''. SEC. 7. TRANSPORTATION OPERATIONAL IMPROVEMENT PROGRAM. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ``Sec. 166. Operational improvement program ``(a) General Authority.--The Secretary shall establish and implement an operational improvement program under which the Secretary shall make grants to States, metropolitan planning organizations, and local governments for projects to improve the operation of the Nation's roadways. ``(b) Eligible Uses.--Grants to States, metropolitan planning organizations, and local governments under this section may be used for the following purposes: ``(1) Incident management projects, including the following: ``(A) Development of a regionwide coordinated plan to mitigate delays due to accidents and breakdowns. ``(B) Purchase or lease of telecommunications equipment for first responders. ``(C) Purchase or lease of towing and recovery equipment. ``(D) Payments to contractors for towing and recovery services. ``(E) Rental of vehicle storage areas immediately adjacent to roadways. ``(F) Service patrols. ``(G) Enhanced hazard materials incident response capacity. ``(H) Incident detection equipment. ``(I) Training. ``(2) Deployment of intelligent transportation systems technology, including the deployment of the national 511 traveler information telephone number. ``(3) Transportation demand management techniques, including the following: ``(A) Commuter benefit programs. ``(B) Parking management programs. ``(C) Carpool and vanpool projects. ``(D) Geographic Information System based ride matching operations. ``(E) Employer based, real-time traveler information programs. ``(F) Telework programs. ``(G) Bicycle and pedestrian programs. ``(H) Access to transit investments. ``(I) Design and implementation of commuter- friendly facilities. ``(J) Employer and employment-site based transit shuttle planning and operation. ``(c) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $500,000,000 for each of fiscal years 2004 through 2009. ``(d) Applicability of NHS Requirements.--All provisions of this chapter that are applicable to National Highway System funds, other than provisions relating to the apportionment formula and provisions limiting the expenditures of such funds to Federal-aid systems, shall apply to funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section and except that sums authorized by this section shall remain available until expended.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating section 165 the following: ``166. Incident management program.''. SEC. 8. METROPOLITAN PLANNING FUNDS. Section 104(f)(1) of title 23, United States Code, is amended by striking ``1 percent'' and inserting ``2 percent''.", "summary": "Congestion Relief Act of 2005 - Amends the Transportation Equity Act for the 21st Century (TEA-21) to provide that 80 percent of specified funds apportioned to a State (currently, 62.5 percent of the remaining 80 percent) shall be obligated in urbanized areas of the State with populations of over 200,000 and in other areas of the State, in proportion to their relative share of the State's population. Modifies: (1) the allocation formula under the Congestion Mitigation and Air Quality Improvement Program; and (2) the Minimum Guarantee regarding programmatic distribution of funds. Directs that the funds apportioned to a State for a fiscal year for the National Highway System (NHS) be allocated between urbanized areas with a population of over 200,000 in the State and other areas in the State as follows: (1) 75 percent in the ratio that the total lane miles on the NHS in such urbanized areas in the State bears to the total lane miles on the NHS in all areas in the State; and (2) 25 percent in the ratio that the total vehicle miles traveled on the NHS in such urbanized areas in the State bears to the total vehicle miles traveled on the NHS in all areas in the State. Directs the Secretary of Transportation to: (1) establish a metropolitan congestion relief program; and (2) establish and implement an operational improvement program. Increases the percentage set aside for metropolitan planning."}
{"article": "SECTION 1. 100 PERCENT CAPITAL GAINS DEDUCTION. (a) General Rule.--Section 1201 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 1201. CAPITAL GAINS DEDUCTION. ``(a) General Rule.--If for any taxable year a taxpayer has a net capital gain, 100 percent of such gain shall be a deduction from gross income. ``(b) Estates and Trusts.--In the case of an estate or trust, the deduction shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets. ``(c) Coordination With Treatment of Capital Gain Under Limitation on Investment Interest.--For purposes of this section, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ``(d) Transitional Rules.-- ``(1) In general.--In the case of a taxable year which includes January 1, 1997-- ``(A) the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year on or after January 1, 1997, and ``(B) the amount of the net capital gain taken into account in applying section 1(h) for such year shall be reduced by the amount taken into account under subparagraph (A) for such year. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.'' (b) Deduction Allowable in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting after paragraph (16) the following new paragraph: ``(17) Long-term capital gains.--The deduction allowed by section 1201.'' (c) Technical and Conforming Changes.-- (1) Section 1 of such Code is amended by striking subsection (h). (2) Section 12 of such Code is amended by striking paragraph (4) and redesignating the following paragraphs accordingly. (3)(A) Subsection (a) of section 57 of such Code is amended by striking paragraph (7). (B) Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (4) The first sentence of paragraph (1) of section 170(e) of such Code is amended by striking ``reduced by the sum of--'' and all that follows and inserting ``reduced by the amount of gain which would not have been long-term capital gain if the property contributed had been sold by the taxpayer at its fair market value (determined at the time of such contribution).'' (5) Paragraph (2) of section 172(d) of such Code is amended to read as follows: ``(2) Capital gains and losses.-- ``(A) Losses of taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the amount deductible on account of losses from sales or exchanges of capital assets shall not exceed the amount includible on account of gains from sales or exchanges of capital assets. ``(B) Deduction for capital gains.--The deduction under section 1201 shall not be allowed.'' (6) The last sentence of section 453A(c)(3) of such Code is amended by striking all that follows ``long-term capital gain,'' and inserting ``the deduction under section 1201 shall be taken into account.'' (7) Paragraph (2) of section 468B(b) of such Code is amended by inserting ``the deduction allowed by section 1201 and by'' after ``reduced by''. (8) Paragraph (2) of section 527(b) of such Code is hereby repealed. (9) Subparagraph (A) of section 641(d)(2) of such Code is amended by striking ``Except as provided in section 1(h), the'' and inserting ``The''. (10) Paragraph (4) of section 642(c) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1201 (relating to capital gains deduction). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).'' (11) The last sentence of section 643(a)(3) of such Code is amended to read as follows: ``The deduction under section 1201 (relating to capital gains deduction) shall not be taken into account.'' (12) Subparagraph (C) of section 643(a)(6) of such Code is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1201 (relating to capital gains deduction) shall not be taken into account''. (13) Paragraph (4) of section 691(c) of such Code is amended by striking ``1(h),''. (14) Paragraph (2) of section 801(a) of such Code is hereby repealed. (15) Subsection (c) of section 831 of such Code is amended by striking paragraph (1) and redesignating the following paragraphs accordingly. (16)(A) Paragraph (3) of section 852(b) of such Code is amended by striking subparagraph (A). (B) Subparagraph (D) of section 852(b)(3) of such Code is amended-- (i) in clause (i) by striking ``shall not exceed'' and all that follows and inserting ``shall not exceed that part of the excess (if any) of the net capital gain over the deduction for dividends paid (as defined in section 561 and determined with reference to capital gain dividends only) which he would have received if all of such amount had been distributed as capital gain dividends by the company to the holders of such shares at the close of its taxable year.'', and (ii) by striking clauses (ii), (iii), and (iv) and redesignating clause (v) as clause (ii). (17)(A) Paragraph (2) of section 857(b) of such Code is amended by adding at the end the following new subparagraph: ``(G) There shall be excluded the amount of the net capital gain, if any.'' (B) Paragraph (3) of section 857(b) of such Code is amended by striking subparagraph (A). (C) Subparagraph (C) of section 857(b)(3) of such Code is amended by striking ``the excess described in subparagraph (A)(ii) of this paragraph'' and inserting ``the excess (if any) of the net capital gain over the deduction for dividends paid (as defined in section 561 and determined with reference to capital gain dividends only)''. (18) The second sentence of section 871(a)(2) of such Code is amended by striking ``1202'' and inserting ``1201''. (19) Paragraph (1) of section 882(a) of such Code is amended by striking ``section 11, 55, 59A, or 1201(a)'' and inserting ``section 11, 55, or 59A''. (20)(A) Paragraph (2) of section 904(b) of such Code is amended to read as follows: ``(2) Capital gains.--Taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.'' (B) Paragraph (3) of section 904(b) of such Code is amended by striking subparagraphs (B), (D), and (E) and by redesignating subparagraph (C) as subparagraph (B). (21) Section 1202 of such Code is hereby repealed. (22) Subsection (b) of section 1374 of such Code is amended by striking paragraph (4). (23) Subsection (b) of section 1381 of such Code is amended by striking ``or 1201''. (24) Paragraph (1) of section 1402(i) of such Code is amended by inserting ``, and the deduction provided by section 1201 shall not apply'' before the period at the end thereof. (25) Subsection (e) of section 1445 of such Code is amended-- (A) in paragraph (1) by striking ``35 percent (or, to the extent provided in regulations, 28 percent)'' and inserting ``the rate specified by the Secretary'', and (B) in paragraph (2) by striking ``35 percent'' and inserting ``the rate specified by the Secretary''. (26) Clause (i) of section 6425(c)(1)(A) of such Code is amended by striking ``or 1201(a)''. (27) Clause (i) of section 6655(g)(1)(A) of such Code is amended by striking ``or 1201(a)''. (28)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended to read as follows: ``No tax shall be imposed under the preceding sentence with respect to the portion of any nonqualified withdrawal made out of the capital gain account.'' (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, is amended to read as follows: ``No tax shall be imposed under the preceding sentence with respect to the portion of any nonqualified withdrawal made out of the capital gain account.'' (29) The table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1201. Capital gains deduction.'' (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after December 31, 1996. (2) Repeal of section 1(h).--The amendment made by subsection (c)(1) shall apply to taxable years beginning after January 1, 1997. (3) Contributions.--The amendment made by subsection (c)(4) shall apply only to contributions on or after January 1, 1997. (4) Withholding.--The amendment made by subsection (c)(25) shall apply only to amounts paid after the date of the enactment of this Act. (5) Coordination with prior transition rule.--Any amount treated as long-term capital gain by reason of paragraph (3) of section 1122(h) of the Tax Reform Act of 1986 shall not be taken into account for purposes of applying section 1201 of the Internal Revenue Code of 1986 (as added by this section).", "summary": "Amends the Internal Revenue Code to replace provisions relating to an alternative tax for corporations on capital gains with provisions making 100 percent of the net capital gain of a taxpayer a deduction from gross income. Provides for the treatment of estates and trusts. Requires reducing net capital gain by the amount the taxpayer takes into account as investment income under specified provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Timely Interstate Placement of Foster Children Act of 2006''. SEC. 2. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the States should expeditiously ratify the revised Interstate Compact for the Placement of Children recently promulgated by the American Public Human Services Association; (2) this Act and the revised Interstate Compact for the Placement of Children should not apply to those seeking placement in a licensed residential facility primarily to access clinical mental heath services; (3) the States should recognize and implement the deadlines for the completion and approval of home studies as provided in section 4 to move children more quickly into safe, permanent homes; and (4) Federal policy should encourage the safe and expedited placement of children into safe, permanent homes across State lines. SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT OF CHILDREN. Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) by striking ``and'' at the end of paragraph (23); (2) by striking the period at the end of paragraph (24) and inserting ``; and''; and (3) by adding at the end the following: ``(25) provide that the State shall have in effect procedures for the orderly and timely interstate placement of children; and procedures implemented in accordance with an interstate compact, if incorporating with the procedures prescribed by paragraph (26), shall be considered to satisfy the requirement of this paragraph.''. SEC. 4. HOME STUDIES. (a) Orderly Process.-- (1) In general.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is further amended-- (A) by striking ``and'' at the end of paragraph (24); (B) by striking the period at the end of paragraph (25) and inserting ``; and''; and (C) by adding at the end the following: ``(26) provides that-- ``(A)(i) within 60 days after the State receives from another State a request to conduct a study of a home environment for purposes of assessing the safety and suitability of placing a child in the home, the State shall, directly or by contract-- ``(I) conduct and complete the study; and ``(II) return to the other State a report on the results of the study, which shall address the extent to which placement in the home would meet the needs of the child; and ``(ii) in the case of a home study begun on or before September 30, 2008, if the State fails to comply with clause (i) within the 60-day period as a result of circumstances beyond the control of the State (such as a failure by a Federal agency to provide the results of a background check, or the failure by any entity to provide completed medical forms, requested by the State at least 45 days before the end of the 60-day period), the State shall have 75 days to comply with clause (i) if the State documents the circumstances involved and certifies that completing the home study is in the best interests of the child; except that ``(iii) this subparagraph shall not be construed to require the State to have completed, within the applicable period, the parts of the home study involving the education and training of the prospective foster or adoptive parents; ``(B) the State shall treat any report described in subparagraph (A) that is received from another State or an Indian tribe (or from a private agency under contract with another State) as meeting any requirements imposed by the State for the completion of a home study before placing a child in the home, unless, within 14 days after receipt of the report, the State determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child; and ``(C) the State shall not impose any restriction on the ability of a State agency administering, or supervising the administration of, a State program operated under a State plan approved under this part to contract with a private agency for the conduct of a home study described in subparagraph (A).''. (2) Report to the congress.--Within 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on-- (A) how frequently States need the extended 75-day period provided for in clause (ii) of section 471(a)(26)(A) of the Social Security Act in order to comply with clause (i) of such section; (B) the reasons given for utilizing the extended compliance period; (C) the extent to which utilizing the extended compliance period leads to the resolution of the circumstances beyond the control of the State; and (D) the actions taken by States and any relevant Federal agencies to resolve the need for the extended compliance period. (3) Sense of the congress.--It is the sense of the Congress that each State should-- (A) use private agencies to conduct home studies when doing so is necessary to meet the requirements of section 471(a)(26) of the Social Security Act; and (B) give full faith and credit to any home study report completed by any other State or an Indian tribe with respect to the placement of a child in foster care or for adoption. (b) Timely Interstate Home Study Incentive Payments.--Part E of title IV of the Social Security Act (42 U.S.C. 670-679b) is amended by inserting after section 473A the following: ``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS. ``(a) Grant Authority.--The Secretary shall make a grant to each State that is a home study incentive-eligible State for a fiscal year in an amount equal to the timely interstate home study incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year. ``(b) Home Study Incentive-Eligible State.--A State is a home study incentive-eligible State for a fiscal year if-- ``(1) the State has a plan approved under this part for the fiscal year; ``(2) the State is in compliance with subsection (c) for the fiscal year; and ``(3) based on data submitted and verified pursuant to subsection (c), the State has completed a timely interstate home study during the fiscal year. ``(c) Data Requirements.-- ``(1) In general.--A State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary a written report, covering the preceding fiscal year, that specifies-- ``(A) the total number of interstate home studies requested by the State with respect to children in foster care under the responsibility of the State, and with respect to each such study, the identity of the other State involved; ``(B) the total number of timely interstate home studies completed by the State with respect to children in foster care under the responsibility of other States, and with respect to each such study, the identity of the other State involved; and ``(C) such other information as the Secretary may require in order to determine whether the State is a home study incentive-eligible State. ``(2) Verification of data.--In determining the number of timely interstate home studies to be attributed to a State under this section, the Secretary shall check the data provided by the State under paragraph (1) against complementary data so provided by other States. ``(d) Timely Interstate Home Study Incentive Payments.-- ``(1) In general.--The timely interstate home study incentive payment payable to a State for a fiscal year shall be $1,500, multiplied by the number of timely interstate home studies attributed to the State under this section during the fiscal year, subject to paragraph (2). ``(2) Pro rata adjustment if insufficient funds available.--If the total amount of timely interstate home study incentive payments otherwise payable under this section for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year (reduced (but not below zero) by the total of the amounts (if any) payable under paragraph (3) of this subsection with respect to the preceding fiscal year), the amount of each such otherwise payable incentive payment shall be reduced by a percentage equal to-- ``(A) the total of the amounts so made available (as so reduced); divided by ``(B) the total of such otherwise payable incentive payments. ``(3) Appropriations available for unpaid incentive payments for prior fiscal years.-- ``(A) In general.--If payments under this section are reduced under paragraph (2) or subparagraph (B) of this paragraph for a fiscal year, then, before making any other payment under this section for the next fiscal year, the Secretary shall pay each State whose payment was so reduced an amount equal to the total amount of the reductions which applied to the State, subject to subparagraph (B) of this paragraph. ``(B) Pro rata adjustment if insufficient funds available.--If the total amount of payments otherwise payable under subparagraph (A) of this paragraph for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year, the amount of each such payment shall be reduced by a percentage equal to-- ``(i) the total of the amounts so made available; divided by ``(ii) the total of such otherwise payable payments. ``(e) Two-Year Availability of Incentive Payments.--Payments to a State under this section in a fiscal year shall remain available for use by the State through the end of the next fiscal year. ``(f) Limitations on Use of Incentive Payments.--A State shall not expend an amount paid to the State under this section except to provide to children or families any service (including post-adoption services) that may be provided under part B or E. Amounts expended by a State in accordance with the preceding sentence shall be disregarded in determining State expenditures for purposes of Federal matching payments under sections 423, 434, and 474. ``(g) Definitions.--In this section: ``(1) Home study.--The term `home study' means an evaluation of a home environment conducted in accordance with applicable requirements of the State in which the home is located, to determine whether a proposed placement of a child would meet the individual needs of the child, including the child's safety, permanency, health, well-being, and mental, emotional, and physical development. ``(2) Interstate home study.--The term `interstate home study' means a home study conducted by a State at the request of another State, to facilitate an adoptive or foster placement in the State of a child in foster care under the responsibility of the State. ``(3) Timely interstate home study.--The term `timely interstate home study' means an interstate home study completed by a State if the State provides to the State that requested the study, within 30 days after receipt of the request, a report on the results of the study. The preceding sentence shall not be construed to require the State to have completed, within the 30-day period, the parts of the home study involving the education and training of the prospective foster or adoptive parents. ``(h) Limitations on Authorization of Appropriations.-- ``(1) In general.--For payments under this section, there are authorized to be appropriated to the Secretary-- ``(A) $10,000,000 for fiscal year 2007; ``(B) $10,000,000 for fiscal year 2008; ``(C) $10,000,000 for fiscal year 2009; and ``(D) $10,000,000 for fiscal year 2010. ``(2) Availability.--Amounts appropriated under paragraph (1) are authorized to remain available until expended.''. (c) Repealer.--Effective October 1, 2010, section 473B of the Social Security Act is repealed. SEC. 5. SENSE OF THE CONGRESS. It is the sense of the Congress that State agencies should fully cooperate with any court which has authority with respect to the placement of a child in foster care or for adoption, for the purpose of locating a parent of the child, and such cooperation should include making available all information obtained from the Federal Parent Locator Service. SEC. 6. CASEWORKER VISITS. (a) Purchase of Services in Interstate Placement Cases.--Section 475(5)(A)(ii) of the Social Security Act (42 U.S.C. 675(5)(A)(ii)) is amended by striking ``or of the State in which the child has been placed'' and inserting ``of the State in which the child has been placed, or of a private agency under contract with either such State''. (b) Increased Visits.--Section 475(5)(A)(ii) of such Act (42 U.S.C. 675(5)(A)(ii)) is amended by striking ``12'' and inserting ``6''. SEC. 7. HEALTH AND EDUCATION RECORDS. Section 475 of the Social Security Act (42 U.S.C. 675) is amended-- (1) in paragraph (1)(C)-- (A) by striking ``To the extent available and accessible, the'' and inserting ``The''; and (B) by inserting ``the most recent information available regarding'' after ``including''; and (2) in paragraph (5)(D)-- (A) by inserting ``a copy of the record is'' before ``supplied''; and (B) by inserting ``, and is supplied to the child at no cost at the time the child leaves foster care if the child is leaving foster care by reason of having attained the age of majority under State law'' before the semicolon. SEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS. (a) In General.--Section 475(5)(G) of the Social Security Act (42 U.S.C. 675(5)(G)) is amended-- (1) by striking ``an opportunity'' and inserting ``a right''; (2) by striking ``and opportunity'' and inserting ``and right''; and (3) by striking ``review or hearing'' each place it appears and inserting ``proceeding''. (b) Notice of Proceeding.--Section 438(b) of such Act (42 U.S.C. 638(b)) is amended by inserting ``shall have in effect a rule requiring State courts to ensure that foster parents, pre-adoptive parents, and relative caregivers of a child in foster care under the responsibility of the State are notified of any proceeding to be held with respect to the child, and'' after ``highest State court''. SEC. 9. COURT IMPROVEMENT. Section 438(a)(1) of the Social Security Act (42 U.S.C. 629h(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); and (2) by adding at the end the following: ``(E) that determine the best strategy to use to expedite the interstate placement of children, including-- ``(i) requiring courts in different States to cooperate in the sharing of information; ``(ii) authorizing courts to obtain information and testimony from agencies and parties in other States without requiring interstate travel by the agencies and parties; and ``(iii) permitting the participation of parents, children, other necessary parties, and attorneys in cases involving interstate placement without requiring their interstate travel; and''. SEC. 10. REASONABLE EFFORTS. (a) In General.--Section 471(a)(15)(C) of the Social Security Act (42 U.S.C. 671(a)(15)(C)) is amended by inserting ``(including, if appropriate, through an interstate placement)'' after ``accordance with the permanency plan''. (b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such Act (42 U.S.C. 671(a)(15)(E)(i)) is amended by inserting ``, which considers in-State and out-of-State permanent placement options for the child,'' before ``shall''. (c) Concurrent Planning.--Section 471(a)(15)(F) of such Act (42 U.S.C. 671(a)(15)(F)) is amended by inserting ``, including identifying appropriate in-State and out-of-State placements'' before ``may''. SEC. 11. CASE PLANS. Section 475(1)(E) of the Social Security Act (42 U.S.C. 675(1)(E)) is amended by inserting ``to facilitate orderly and timely in-State and interstate placements'' before the period. SEC. 12. CASE REVIEW SYSTEM. Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C) is amended-- (1) by inserting ``, in the case of a child who will not be returned to the parent, the hearing shall consider in-State and out-of-State placement options,'' after ``living arrangement''; and (2) by inserting ``the hearing shall determine'' before ``whether the''. SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES. Section 422(b)(12) of the Social Security Act (42 U.S.C. 622(b)(12)) is amended-- (1) by striking ``develop plans for the'' and inserting ``make''; (2) by inserting ``(including through contracts for the purchase of services)'' after ``resources''; and (3) by inserting ``, and shall eliminate legal barriers,'' before ``to facilitate''. SEC. 14. EFFECTIVE DATE. (a) In General.--Except as otherwise provided in this section, the amendments made by this Act shall take effect on October 1, 2006, and shall apply to payments under parts B and E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Delay Permitted If State Legislation Required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part B or E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by a provision of this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Safe and Timely Interstate Placement of Foster Children Act of 2006 - Amends the Social Security Act to require each state plan for foster care and adoption assistance to provide that the state shall: (1) have in effect procedures for orderly and timely interstate placement of children; (2) complete home studies requested by another state within a specified period; (3) accept such studies received from another state; and (4) not impose any restrictions on contracting with a private agency to conduct such a study. Directs the Secretary of Health and Human Services to make grants for timely interstate home study incentive payments to states that have approved plans and that have completed, and provided the Secretary a report on, such studies. Expresses the sense of Congress that state agencies should cooperate with courts which have authority with respect to the placement of a child in foster care or for adoption for the purpose of locating a parent of the child. Amends the definition of \"case review system\" to: (1) increase the required frequency of state caseworker visits to a child who is placed in foster care outside the state in which the child's parents reside; (2) require a child's health and education record to be supplied to the child at no cost when he/she leaves foster care by reason of having attained the age of majority under state law; and (3) provide for a foster parent's right (currently, opportunity) to be heard in any proceeding (currently, review or hearing) respecting their foster child. Requires state courts to ensure that foster parents, pre-adoptive parents, and relative caregivers of a child in foster care are notified of any such proceedings. Includes among the purposes of grants to the highest state courts the assessment of the court's role in carrying out state laws requiring proceedings that determine the best strategy to use to expedite the interstate placement of children. Provides for consideration of out-of-state placements in permanency hearings, case plans, and case reviews. Requires each plan for child welfare services to include the assurance that the state will eliminate legal barriers to facilitate timely adoptive or permanent placements for children."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``World Press Freedom Protection Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. (2) Foreign person.--The term ``foreign person'' means an individual who is neither a citizen or national of the United States. SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS FOR RESTRICTIONS ON THE RIGHT TO THE FREEDOM OF EXPRESSION AND RESTRICTIONS ON JOURNALISTS. (a) In General.--The President may impose the sanctions described in subsection (b) with respect to a foreign person if the President determines, based on credible information, that the foreign person-- (1) is responsible for severe restrictions on the freedom of expression or freedom of the press, including the arrest, harassment, torture, mistreatment, threats, fines, or the pervasive surveillance of journalists, blockage or censorship of the Internet that hinders the free flow of information from journalists, or other serious violations of the international right to the freedom of expression; or (2) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (1) . (b) Inadmissibility to United States.--The sanctions described in this subsection are the following: (1) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or (2) if the foreign person has been issued a visa or other documentation to be used to enter the United States, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation. (c) Consideration of Certain Information in Imposing Sanctions.--In determining whether to impose sanctions under subsection (b), the President shall consider-- (1) information provided by the chairperson and ranking member of each of the appropriate congressional committees; and (2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (d) Waiver for National Security Interests.--The President may waive the application of subsection (b) with respect to a foreign person if the President determines that such a waiver is in the national security interests of the United States. (e) Exception To Comply With United Nations Headquarters Agreement.--Subsection (b) shall not apply to a foreign person if admitting the foreign person into the United States is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations of the United States. (f) Termination of Sanctions.--The President may terminate the application of sanctions under subsection (b) with respect to a foreign person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that-- (1) credible information exists that the foreign person did not engage in the activity for which sanctions were imposed; (2) the foreign person has been prosecuted appropriately for the activity for which sanctions were imposed; or (3) the foreign person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future. (g) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. SEC. 4. REPORTS BY PRESIDENT TO CONGRESS. (a) In General.--The President shall submit to the appropriate congressional committees an annual report that includes-- (1) a list of each foreign person with respect to which the President imposed sanctions pursuant to section 3 during the year preceding the submission of the report; (2) the number of foreign persons with respect to which the President terminated sanctions under section 3 during that year; (3) the dates on which such sanctions were imposed or terminated, as the case may be; (4) the reasons for imposing or terminating such sanctions; and (5) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by section 3. (b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report required by this subsection not later than 180 days after the date of the enactment of this Act. (2) Subsequent reports.-- (A) In general.--The President shall submit each subsequent report required by this subsection on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (i) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of such calendar year; and (ii) each subsequent calendar year. (B) Congressional statement.--Congress notes that December 10 of each calendar year has been recognized in the United States and internationally since 1950 as ``Human Rights Day'' and thus the importance of December 10 of each calendar year as the date of submission of the subsequent reports required by this subsection. (c) Form.--The report required by subsection (a) shall be submitted unclassified form, but may contain a classified annex if necessary. (d) Public Availability.-- (1) In general.--The unclassified portion of the report required by subsection (a) shall be made available to the public, including through publication in the Federal Register. (2) Nonapplicability of confidentiality requirement with respect to visa records.--If the President decides to publish the names of individuals sanctioned in a report required under this section, the President may do so without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 5. LIMITING VISAS TO EXECUTIVES OF STATE-OWNED NEWS AND MEDIA ORGANIZATIONS OPERATING IN THE UNITED STATES. (a) Policy Statement.--Given the critical importance of the press freedoms and the free flow of cross-border information for diplomatic, political, and financial relations globally, and for purposes of investors, businesses, and politicians making informed decisions, it should be the policy of the United States Government to respond strongly and persuasively to the growing number of restrictions, threats, detentions, harassment, arrests, pervasive surveillance, killings, and delays or denials of visas faced by foreign journalists and their domestic employees, especially the blockage and censorship of the websites of news corporations. (b) Limitation on I-Visas.--Section 101(a)(15)(I) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(I)) is amended by inserting ``subject to section 214(s),'' before ``upon a basis''. (c) Restrictions on Visas to Executives of State-Owned Media.-- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following: ``(s) Restrictions on Visas to Executives of State-Owned Media.-- ``(1) In general.--In the case of an alien who is an executive of a state-owned media organization of a foreign state and is applying for a visa under section 101(a)(15)(I) during a fiscal year, the visa shall be refused if any United States journalist or news organization personnel were expelled, had visas denied, or faced intimidation or violence or other restrictions in the course of working in the foreign state during the previous fiscal year. ``(2) Definition.--For purposes of this subsection, the term `executive of a state-owned media organization of a foreign state' means a representative, operating in a managerial or executive capacity of a media organization that is majority owned, operated, or controlled by a foreign government operating in the United States.''. (d) Transition Rule.-- (1) In general.--The President may order the immediate revocation, delay, or refusal of visas under section 101(a)(15)(I) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(I)) issued to, or sought by, executives of a state- owned media organization of a foreign state before the date of the enactment of this Act in proportion to the expulsions, visa delays or denials, and intimidation experienced by United States journalists or news organization personnel in the course of working in the foreign state during the fiscal year preceding the fiscal year in which this Act is enacted. (2) Definition.--For purposes of paragraph (1), the term ``executive of a state-owned media organization of a foreign state'' means a representative, operating in a managerial or executive capacity of a media organization that is majority owned, operated, or controlled by a foreign government operating in the United States. SEC. 6. INCLUSION OF ADDITIONAL INFORMATION RELATING TO RESTRICTIONS FACED BY JOURNALISTS WORLDWIDE IN THE ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. The Foreign Assistance Act of 1961 is amended-- (1) in section 116(d)(12) (22 U.S.C. 2151n(d)(12))-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) for each country-- ``(i) a detailed description of the restrictions imposed against journalists and their domestic personnel, including a description of surveillance, harassment, detentions, death threats or physical attacks, censorship, including on the Internet, denials or delays of visas or travel documents, direct sources of pressure or intimidation, or any other restrictions that limit the ability to report information freely or restricts the free flow of information whether by governments, military, intelligence or police forces or criminal groups, armed extremists, or rebel groups; and ``(ii) a brief assessment of the country's practices with respect to foreign journalists and their domestic personnel by describing the country's practices as `very restrictive', `restrictive', `partially restrictive', or `mostly free'; and''; and (2) in the first subsection (i) of section 502B (22 U.S.C. 2304)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) for each country-- ``(5) ``(A) a detailed description of the restrictions imposed against journalists and their domestic personnel, including a description of surveillance, harassment, detentions, death threats or physical attacks, censorship, including on the Internet, denials or delays of visas or travel documents, direct sources of pressure or intimidation, or any other restrictions that limit the ability to report information freely or restricts the free flow of information whether by governments, military, intelligence or police forces or criminal groups, armed extremists, or rebel groups; and ``(B) a brief assessment of the country's practices with respect to foreign journalists and their domestic personnel by describing the country's practices as `very restrictive', `restrictive', `partially restrictive', or `mostly free'.''. SEC. 7. RESTRICTIONS ON THE FREEDOM OF EXPRESSION AND CENSORSHIP OF THE INTERNET TREATED AS A RESTRICTION ON TRADE. (a) Finding.--Congress finds that restrictions on the activities of United States journalists and media personnel and the censorship and blockage of websites and the cross-border flow of information damages the competitiveness of United States corporations and limits access to information critical for investors, consumers, and others making market and financial decisions and should be considered a restriction of trade and an unfair competitive advantage benefitting foreign government- controlled news organizations and other news and media corporations. (b) Statement of Policy.--Congress declares the following: (1) The United States Government should seek as part of international treaty negotiations and in negotiations and bilateral discussions with China, Vietnam, Saudi Arabia, and other countries rated ``Not Free'' by Freedom House's annual ``Freedom of the Press'' survey, conditions for a free and unfettered operation of websites, an end to visas restrictions for journalists, an end to harassment, intimidation, and surveillance of foreign journalists and an end to the abuse of state secrets laws, including China's restrictions on the sharing of information between Chinese and foreign journalists. (2) In addition, the United States Government should seek to link expansion of the free flow of information with ongoing and future trade agreements, and other bilateral agreements and communiques, by seeking language eliminating any and all limitations on market access for news agency services and eliminate any restrictions on cross-border data flows involving journalists and the media, including in the Trans-Pacific Partnership, Bilateral Investment Treaties, or any other trade negotiations planned or in progress and seek stipulations guaranteeing fair treatment of United States and other foreign journalists and their publications, consistent with the treatment received by foreign journalists operating in the United States and free and unfettered operation of websites in China and other countries where they are blocked or censored. (c) Sense of Congress.--In order to promote freedom of the press and recognize the importance of that internationally recognized right to economic freedom and economic security, it is the sense of Congress that-- (1) restrictions on journalists and media websites and the censorship of the Internet are significant foreign trade barriers; (2) the United States Trade Representative should include a list of United States websites blocked in foreign countries in reporting on trade barriers in its annual report on foreign trade barriers; and (3) the United States Government should pursue, at the World Trade Organization (WTO) , disputes to end blockage of United States websites by foreign governments, which would include requirements for other members of the WTO to regularly publish a list of any banned or censored websites and provide website owners an opportunity to appeal.", "summary": "World Press Freedom Protection Act of 2015 This bill authorizes the President to impose U.S. admissibility sanctions against a foreign person who: is responsible for severe restrictions on the freedom of expression or freedom of the press; or has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, such an activity. The President may waive such sanctions if in U.S. national security interests, and terminate them under specified conditions. Sanctions shall not apply if necessary to comply with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters or other applicable international obligations of the United States. The President shall report to Congress annually regarding each foreign person sanctioned, and the dates and reason for the imposition of any sanctions. It should be U.S. policy to respond strongly to the growing number of restrictions, arrests, killings, and visa delays or denials faced by foreign journalists and their domestic employees. An executive of a foreign state-owned media organization who is applying for a nonimmigrant I-visa (foreign media representative) shall be refused the visa if any U.S. journalist or news organization personnel were expelled, had visas denied, or faced violence in the course of working in such foreign state during the previous fiscal year. Annual country reports of human rights practices under the Foreign Assistance Act of 1961 shall now include information about the country's practices with respect to foreign journalists and their domestic personnel. It is the sense of Congress that: restrictions on journalists and media websites and Internet censorship are significant foreign trade barriers; the United States Trade Representative should include a list of blocked U.S. websites in its annual report on foreign trade barriers; and the United States should pursue disputes to end foreign blockage of U.S. websites at the World Trade Organization."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Detergent Poisoning And Child Safety Act of 2015'' or the ``Detergent PACS Act of 2015''. SEC. 2. SPECIAL PACKAGING AND OTHER REQUIREMENTS FOR LIQUID DETERGENT PACKETS. (a) Definitions.--In this Act: (1) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (2) Consumer product.--The term ``consumer product'' has the meaning given such term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (3) Detergent packet.--The term ``detergent packet'' means a consumer product that consists of a detergent enclosed in a water soluble outer layer. (4) Liquid detergent packet.--The term ``liquid detergent packet'' means a consumer product that consists of a substantially liquid or gel detergent enclosed in a water soluble outer layer. (5) Special packaging.--The term ``special packaging'' has the meaning given that term in section 2 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471). (b) Safety Standards Required.-- (1) In general.--Except as provided in subsection (c)(1), not later than 540 days after the date of the enactment of this Act, the Commission shall promulgate a final rule that establishes safety standards for liquid detergent packets to protect children who are younger than 5 years of age from injury or illness caused by exposure to such packets. (2) Elements.--The final rule promulgated under paragraph (1) shall-- (A) require special packaging for liquid detergent packets; (B) include standards to address the design and color of liquid detergent packets to-- (i) make them less attractive to children; (ii) reduce the likelihood of exposure to detergent; and (iii) otherwise reduce risks related to the ingestion or aspiration of, or ocular contact with, detergent and other potential injury risks of liquid detergent packets; (C) include standards to address the composition of liquid detergent packets to make the consequences of exposure less severe; and (D) prescribe warning labels that-- (i) adequately inform consumers of the potential risks of injury and death caused by liquid detergent packets; (ii) are conspicuous and visible at the point of sale; (iii) clarify hazard patterns, including known consequences of such hazards; and (iv) identify actions needed to avoid injury. (3) Treatment as consumer product safety standard.--A rule promulgated under paragraph (1) shall be treated as a consumer product safety standard described in section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)). (4) Rulemaking.-- (A) In general.--A rule under paragraph (1) shall be promulgated in accordance with section 553 of title 5, United States Code. (B) Inapplicability of certain requirements.-- Section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) shall not apply to a rulemaking under paragraph (1). (c) Adoption of Voluntary Standard.-- (1) In general.--Subsection (b)(1) shall not apply if the Commission determines that-- (A) a voluntary standard pertaining to liquid detergent packets manufactured or imported for use in the United States protects children as described in subsection (b)(1); (B) such voluntary standard is or will be in effect not later than 1 year after the date of the enactment of this Act; and (C) such voluntary standard is developed by ASTM International Subcommittee F15.71 on Liquid Laundry Packets, or such other entity as the Commission considers a successor to ASTM International Subcommittee F15.71. (2) Publication of determination.--If the Commission makes a determination under paragraph (1), the Commission shall publish such determination in the Federal Register. (3) Treatment of voluntary standard.--If the Commission determines that a voluntary standard meets the conditions in paragraph (1), such standard shall be treated as a consumer product safety standard described in section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)) beginning on the date that is the later of-- (A) the date that is 180 days after the date of the publication under paragraph (2) of such determination; or (B) the effective date specified in the voluntary standard. (4) Revision of voluntary standard.-- (A) Notice of revision.--If a voluntary standard is treated as a consumer product safety standard under paragraph (3) and such standard is revised by ASTM International after the Commission makes a determination under paragraph (1), ASTM International shall notify the Commission of such revision not later than 60 days after making such revision. (B) Treatment of revisions.--A voluntary standard with respect to which the Commission receives notice under subparagraph (A) shall be treated as a consumer product safety standard described in section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)), promulgated in lieu of the prior version, effective 180 days after the date the Commission is notified of the revision under subparagraph (A), unless not later than 90 days after receiving that notice the Commission determines that the revised voluntary standard does not meet the requirements of paragraph (1)(A), in which case the Commission shall continue to enforce the prior version. (d) Future Rulemaking.-- (1) In general.--The Commission may, at any time after promulgating a final rule under subsection (b)(1) or making a determination under subsection (c)(1), promulgate such rules in accordance with section 553 of title 5, United States Code, as the Commission considers appropriate to protect, to the maximum degree practicable, children as described in subsection (a)(1). (2) Treatment as consumer product safety standard.--A rule promulgated under paragraph (1) shall be treated as a consumer product safety standard described in section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)). (3) Inapplicability of certain requirements.--Section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) shall not apply to a rulemaking under paragraph (1). (e) Report to Congress.-- (1) In general.--Not later than 4 years after the date of the enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on risks posed by detergent packets to young children and how the Commission is working to protect such children from such risks. (2) Matters covered.--The report required by paragraph (1) shall include the following: (A) A quantitative assessment of annual national pediatric exposure to detergent packets, including the number of exposure incidents, the means of exposure (whether by ingestion, aspiration, or ocular contact), the clinical effects of the exposures, and medical outcomes. (B) An assessment as to whether the rule promulgated under subsection (b)(1) or the voluntary standard adopted under subsection (c), as the case may be, has been effective in protecting young children from injury or illness caused by exposure to detergent packets. (C) Such recommendations for legislative or administrative action as the Commission may have to protect young children as described in subparagraph (B). (3) Publication.--The Commission shall make the report required by paragraph (1) available to the public on the Internet website of the Commission.", "summary": "Detergent Poisoning And Child Safety Act of 2015 or the Detergent PACS Act of 2015 Requires the Consumer Product Safety Commission (CPSC) to establish safety standards for liquid detergent packets to protect children who are younger than five years of age from injury or illness. Directs the CPSC to establish such standards by promulgating a rule or adopting voluntary ASTM International standards. Provides for any final rule that is promulgated to include: (1) requirements for special packaging and warning labels, (2) standards to make the color and design of packets less attractive to children, and (3) liquid composition standards to make the consequences of exposure less severe. Requires the rule or standards to be treated as consumer product safety standards under the Consumer Product Safety Act."}
{"article": "SECTION 1. EXPANSION OF FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM TO INCLUDE RETIRED MEMBERS AND DEPENDENTS WHO ARE MEDICARE ELIGIBLE. (a) Federal Employee Health Benefits Program Option.--The Secretary of Defense, after consulting with the other administering Secretaries under chapter 55 of title 10, United States Code, shall enter into an agreement with the Office of Personnel Management under which certain persons are offered enrollment in a health benefits plan under chapter 89 of title 5, United States Code, in lieu of receiving care in treatment facilities of the uniformed services or through the Civilian Health and Medical Program of the Uniformed Services or the TRICARE program. The agreement may provide for enrollment limitations if the Office of Personnel Management determines that the limitations are necessary to allow for adequate planning for access for services under chapter 89 of title 5, United States Code. (b) Eligible Persons.--(1) The following persons shall be eligible for enrollment under this section: (A) A member or former member of the uniformed services described in section 1074(b) of title 10, United States Code, who is or becomes entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). (B) A dependent of a person described in subparagraph (A) if the dependent is otherwise eligible for health care under chapter 55 of title 10, United States Code and is or becomes entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). (2) Persons described in paragraph (1) shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5, United States Code, as a condition for enrollment in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a). (c) Contributions.--(1) In the case of a person described in subsection (b) who enrolls in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a), the administering Secretary concerned shall be responsible for Government contributions that the Office of Personnel Management determines are necessary to cover all costs in excess of beneficiary contributions under paragraph (2). (2) The contribution required from an enrolled person under this section shall be equal to the amount that would be withheld from the pay of a similarly situated Federal employee who enrolls in a health benefits plan under chapter 89 of title 5, United States Code. (d) Management of Participation.--The authority responsible for approving retired or retainer pay or equivalent pay in the case of a member or former member shall manage the participation of the member or former member, and dependents of the member or former member, who enroll in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a). The Office of Personnel Management shall maintain separate risk pools for persons described in subsection (b) until such time as the Director of the Office of Personnel Management determines that complete inclusion chapter 89 of title 5, United States Code, of persons described in subsection (b) will not adversely affect Federal employees and annuitants enrolled in health benefits plans under such chapter. (e) Effect of Cancellation.--The cancellation by a person described in subsection (b) of coverage under the Federal Employee Health Benefits program shall be irrevocable for purposes of this section. (f) Reporting Requirements.--Not later than November 1 of each year, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly submit a report to Congress describing the provision of health care services to persons under this section during the preceding fiscal year. The report shall address or contain the following: (1) The number of persons enrolled in health benefits plans offered through the Federal Employee Health Benefits program pursuant to subsection (a), both in terms of total number and as a percentage of all persons receiving health care through the health care system of the uniformed services. (2) The out-of-pocket cost to enrollees under such health benefits plans. (3) The cost to the Government (including the Department of Defense, the Department of Transportation, and the Department of Health and Human Services) of providing care under such health benefits plans. (4) A comparison of the costs determined under paragraphs (2) and (3) and the costs that would have otherwise been incurred by the Government and enrollees under alternative health care options available to the administering Secretaries. (5) The effect of this section on the cost, access, and utilization rates of other health care options under the health care system of the uniformed services. (g) Time for Option.--The Secretary of Defense shall begin to offer the health benefits option under subsection (a) not later than October 1, 1997. (h) Conforming Amendments.--Chapter 89 of title 5, United States Code, is amended-- (1) in section 8905-- (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: ``(d) An individual whom the Secretary of Defense determines is an eligible person under the special authority provided to the Secretary may enroll in a health benefits plan under this chapter in accordance with the agreement between the Secretary and the Office and applicable regulations under this chapter.''; (2) in section 8906(b)-- (A) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs (2), (3), and (4)''; and (B) by adding at the end the following new paragraph: ``(4) In the case of individuals who enroll in a health plan in accordance with section 8905(d) of this title, the Government contribution shall be determined in accordance with the agreement between the Secretary and the Office.''; and (3) in section 8906(g)-- (A) in paragraph (1), by striking ``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and (3)''; and (B) by adding at the end the following new paragraph: ``(3) The Government contribution described in subsection (b)(4) for beneficiaries who enroll in accordance with section 8905(d) of this title shall be paid in accordance with the agreement between the Secretary and the Office.''.", "summary": "Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which current or former military personnel who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act are offered enrollment in a Federal employees health benefits plan in lieu of receiving care in military treatment facilities or through the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Allows such enrollment for any dependent of such individual if the dependent is entitled to health care under CHAMPUS and is or becomes entitled to hospital insurance benefits under Medicare. Outlines provisions concerning: (1) contributions for such coverage; (2) management of member participation; and (3) cancellation of coverage. Directs the Secretary and the OPM Director to report jointly to the Congress each year on the provision of such services to eligible persons during the preceding fiscal year. Requires the Secretary to offer such health benefits option no later than October 1, 1997."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids 2000 Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) There is an increasing epidemic of juvenile crime throughout the United States. (2) It is well documented that the majority of juvenile crimes take place during after-school hours. (3) Knowledge of technology is becoming increasingly necessary for children in school and out of school. (4) The Boys and Girls Clubs of America have 2,300 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities. (5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after- school technology program. (6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at-risk youth. (7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America. (8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age. (9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not. SEC. 3. AFTER-SCHOOL TECHNOLOGY GRANTS TO THE BOYS AND GIRLS CLUBS OF AMERICA. (a) Purposes.--The Attorney General shall make grants to the Boys and Girls Clubs of America for the purpose of funding effective after- school technology programs, such as PowerUp, in order to provide-- (1) constructive technology-focussed activities that are part of a comprehensive program to provide access to technology and technology training to youth during after-school hours, weekends, and school vacations; (2) supervised activities in safe environments for youth; and (3) full-time staffing with teachers, tutors, and other qualified personnel. (b) Subawards.--The Boys and Girls Clubs of America shall make subawards to local boys and girls clubs authorizing expenditures associated with providing technology programs such as PowerUp, including the hiring of teachers and other personnel, procurement of goods and services, including computer equipment, or such other purposes as are approved by the Attorney General. SEC. 4. APPLICATIONS. (a) Eligibility.--In order to be eligible to receive a grant under this Act, an applicant for a subaward (specified in section 3(b)) shall submit an application to the Boys and Girls Clubs of America, in such form and containing such information as the Attorney General may reasonably require. (b) Application Requirements.--Each application submitted in accordance with subsection (a) shall include-- (1) a request for a subgrant to be used for the purposes of this Act; (2) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities; (3) written assurances that Federal funds received under this Act will be used to supplement and not supplant, non- Federal funds that would otherwise be available for activities funded under this Act; (4) written assurances that all activities funded under this Act will be supervised by qualified adults; (5) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs; (6) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and (7) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require. SEC. 5. GRANT AWARDS. In awarding subgrants under this Act, the Boys and Girls Clubs of America shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing youth activities; and (3) the extent to which services will be provided in crime- prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $20,000,000 for each of the fiscal years 2001 through 2006 to carry out this Act. (b) Source of Funds.--Funds to carry out this Act may be derived from the Violent Crime Reduction Trust Fund. (c) Continued Availability.--Amounts made available under this section shall remain available until expended.", "summary": "Directs the Boys and Girls Clubs of America to make sub-awards to local boys and girls clubs authorizing expenditures associated with providing technology programs, including the hiring of teachers and other personnel and the procurement of goods and services, including computer equipment. Sets forth provisions regarding grant eligibility, application requirements, and criteria for making grant awards. Authorizes appropriations. Allows funds to carry out this Act to be derived from the Violent Crime Reduction Trust Fund."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Misclassification of Employees Act''. SEC. 2. PROCEDURES APPLICABLE TO DETERMINATIONS OF EMPLOYMENT STATUS. (a) Waiver of Employment Tax Liability for Reasonable Good Faith Misclassification Based on Common Law Rules.-- (1) In general.--Section 3509 of the Internal Revenue Code of 1986 (relating to determination of employer's liability for certain employment taxes) is amended by adding at the end the following new subsection: ``(e) Waiver of Employment Tax Liability for Reasonable Good Faith Misclassification Based on Common Law Rules.-- ``(1) In general.--For purposes of determining the liability of any taxpayer for employment taxes with respect to any individual for any period, such individual shall be deemed not to have been an employee of the taxpayer for such period if-- ``(A) the taxpayer did not treat such individual as an employee for purposes of the employment taxes for such period, ``(B) the taxpayer's treatment of such individual as not being an employee was based on a reasonable good faith misapplication of the common law rules used for determining the employer-employee relationship, ``(C) all Federal tax returns (including information returns) required to be filed by the taxpayer with respect to such individual for such period were filed on a basis consistent with the taxpayer's treatment of such individual as not being an employee, ``(D) the taxpayer (and any predecessor) did not treat any other individual holding a substantially similar position as an employee for purposes of the employment taxes for any period beginning after December 31, 1977, and ``(E) the taxpayer enters into a closing agreement under section 7121 with the Secretary (in the time and manner determined by the Secretary) agreeing to treat such individual, and any other individual holding a substantially similar position, as employees and to file all Federal employment tax returns with respect to such individuals on a basis consistent with the taxpayer's treatment of such individuals as employees. ``(2) Definition and special rules.-- ``(A) Employment tax.--For purposes of this subsection, the term `employment tax' means any tax imposed by this subtitle, including any interest, penalty, or additional amount with respect to such tax. ``(B) No refund or credit of overpayment.--No refund or credit of any overpayment of an employment tax resulting from the application of paragraph (1) shall be allowed, notwithstanding that the period for filing a claim for refund or credit of such overpayment is not barred on the effective date of this subsection. ``(3) Termination.--This subsection shall not apply if the closing agreement referred to in paragraph (1)(E) is entered into more than 1 year after the date of the enactment of this subsection.'' (2) Monitoring of closing agreement required.--The Secretary of the Treasury or his delegate shall monitor compliance with each closing agreement referred to in section 3509(e)(1)(E) of the Internal Revenue Code of 1986 (as added by this section) for not less than 5 years after the date such agreement is entered into. Such monitoring shall include not only monitoring the payments made to the individuals specified in the agreement but also the aggregate wages paid to employees and the aggregate payments to independent contractors for services. (b) Modifications to Safe Harbor for Classifications of Individuals as Nonemployees.-- (1) Requirement of reasonable basis.--Paragraph (1) of section 530(a) of the Revenue Act of 1978 (relating to controversies involving whether individuals are employees for purposes of the employment taxes) is amended by striking ``unless the taxpayer had no reasonable basis'' and inserting the following: ``if the taxpayer had a reasonable basis''. (2) Only recent employment tax audit is reasonable basis.-- (A) In general.--Paragraph (2) of section 530(a) of the Revenue Act of 1978 is amended-- (i) by striking the paragraph caption and inserting the following: ``Reasonable basis for not treating individual as employee.--'', (ii) in the matter preceding subparagraph (A)-- (I) by striking ``in any case'', and (II) by inserting ``only'' before ``if the taxpayer's'', and (iii) by striking subparagraph (B) and inserting the following new subparagraph: ``(B)(i) an Internal Revenue Service audit of the taxpayer-- ``(I) was conducted solely for employment tax purposes not more than 3 years before such period, and ``(II) included an examination for employment tax purposes of individuals holding positions substantially similar to the positions held by the individual involved, ``(ii) upon completion of such audit the taxpayer was notified in writing by the Internal Revenue Service that the treatment for employment tax purposes of the individuals referred to in clause (i)(II) was correct, and ``(iii) such notification is not revoked before such period; or''. (B) Conforming amendment.--Subparagraph (A) of section 530(e)(2) of the Revenue Act of 1978 (as amended by section 1121 of the Small Business Job Protection Act of 1996) is repealed. (c) Termination of Treatment of Certain Technical Personnel.-- Subsection (d) of section 530 of the Revenue Act of 1978 is repealed. (d) Authority for Regulations and Rulings on Employment Status.-- Subsection (b) of section 530 of the Revenue Act of 1978 is repealed. (e) Payors To Notify Service Providers of Consequences of Employment Status.-- (1) Section 6041 of such Code (relating to information at source) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Additional Information Required To Be Included on Statements Covering Payments for Services.--In the case of a statement required under subsection (d) with respect to any payment for services, such statement shall be treated as not satisfying the requirements of subsection (d) unless such statement includes the following information: ``(1) The payor is treating the payee as not being an employee and the payee may be liable for self-employment tax. ``(2) If the payee believes that he should properly be treated as an employee, an explanation of the procedure for obtaining Internal Revenue Service review of his status. ``(3) The payee will not be eligible for any employee fringe benefits and may lose protections or benefits under Federal laws relating to fair labor standards, occupational health and safety, civil rights, unemployment insurance, and worker's compensation. ``(4) An explanation of tax benefits to the self-employed such as retirement plans and deduction for a portion of the cost of health insurance.'' (2) Section 6041A of such Code (relating to returns regarding payments of remuneration for services and direct sales) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Additional Information Required To Be Included on Statements.--In the case of a statement required under subsection (e), such statement shall be treated as not satisfying the requirements of subsection (e) unless such statement includes the information specified in paragraphs (1) through (4) of section 6041(e).'' (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect beginning on the date which is 120 days after the date of the enactment of this Act. (2) Modifications to safe harbor; termination of treatment of technical personnel.--The amendments made by subsections (b) and (c) shall apply to periods ending on or after the date which is 120 days after the date of the enactment of this Act. SEC. 3. CLASSIFICATION OF INDIVIDUALS AS EMPLOYEES FOR PURPOSES OF UNEMPLOYMENT COMPENSATION PROGRAM. (a) Uniform Federal and State Definition of Employee.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to requirements for approval of State unemployment compensation laws) is amended by striking ``and'' at the end of paragraph (18), by redesignating paragraph (19) as paragraph (18), and by inserting after paragraph (18) the following new paragraph: ``(19) the determination of whether an individual is an employee of another person shall be made in accordance with section 3306(i); and''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 180th day after the date of the enactment of this Act. (2) Special rule.--In the case of any State the legislature of which has not been in session for at least 30 calendar days (whether or not successive) between the date of the enactment of this Act and such 180th day, the amendments made by this section shall take effect 30 calendar days after the 1st day on which such legislature is in session on or after such 180th day.", "summary": "Misclassification of Employees Act - Amends the Internal Revenue Code to provide for the waiver of employment tax liability for employers for any period if: (1) the employer did not treat an individual as an employee for purposes of employment taxes; (2) the treatment of such individual was based on a reasonable good faith misapplication of the common law rules used for determining the employer-employee relationship; (3) Federal tax returns for such period were filed on a basis consistent with the treatment of such individual as not being an employee; (4) the employer (and any predecessor) did not treat any other individual holding a substantially similar position as an employee for employment tax purposes after December 31, 1977; and (5) the employer enters into a closing agreement with, and monitored by, the Secretary of the Treasury with respect to treating such individual as an employee. Amends the Revenue Act of 1978 (relating to controversies involving whether individuals are employees for purposes of employment taxes) to require an employer to have a reasonable basis for not treating an individual as an employee. Requires the use of a recent prior audit as a reasonable basis. Excludes certain skilled technical personnel from such tax treatment. Removes the prohibition against regulations and rulings on employment status. Amends the Internal Revenue Code to set forth additional information to be included on statements covering payments for services. Provides for the determination of whether an individual is an employee of another person for purposes of unemployment compensation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Joe Testaverde Adult Stem Cell Research Act of 2005''. SEC. 2. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES OF HEALTH REGARDING QUALIFYING ADULT STEM CELL RESEARCH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409J. QUALIFYING ADULT STEM CELL RESEARCH. ``(a) In General.-- ``(1) Expansion of activities.--The Director of NIH shall expand, intensify, and coordinate the activities of the National Institutes of Health regarding qualifying adult stem cell research. ``(2) Collaboration among agencies.--The Director shall carry out this section in collaboration with any other agencies that the Director determines appropriate. ``(b) Centers of Excellence.-- ``(1) In general.--In carrying out subsection (a)(1), the Director shall make awards of grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding qualifying adult stem cell research. ``(2) Research.--Each center shall conduct basic and clinical research regarding qualifying adult stem cells. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of disease. ``(3) Services for patients.-- ``(A) In general.--A center may expend amounts provided under paragraph (1) to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. ``(B) Referrals and costs.--A program under subparagraph (A) may, in accordance with such criteria as the Director may establish, provide to the subjects described in such subparagraph, referrals for health and other services, and such patient care costs as are required for research. ``(C) Availability and access.--The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Director in decisions about awarding grants to applicants which meet the scientific criteria for funding under this section. ``(4) Coordination of centers; reports.--The Director shall, as appropriate, provide for the coordination of information among centers and ensure regular communication between such centers, and may require the periodic preparation of reports on the activities of the centers and the submission of the reports to the Director. ``(5) Organization of centers.--Each center shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director. ``(6) Number of centers; duration of support.-- ``(A) In general.--The Director shall provide for the establishment of not less than five centers under paragraph (1). ``(B) Duration.--Support for a center may be provided under this section for a period of not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(c) Facilitation of Research.--In carrying out subsection (a)(1), the Director shall provide for a program under which samples of tissues and genetic materials that are of use in qualifying adult stem cell research are donated, collected, preserved, and made available for such research. The program shall be carried out in accordance with accepted scientific and medical standards for the donation, collection, and preservation of such samples. ``(d) Public Input.--In carrying out subsection (a)(1), the Director shall provide for means through which the public can obtain information on the existing and planned programs and activities of the National Institutes of Health regarding qualifying adult stem cell research and through which the Director can receive comments from the public regarding such programs and activities. ``(e) Definitions.--In this section: ``(1) The term `center' means a center of excellence under subsection (b)(1). ``(2) The term `Director' means the Director of NIH. ``(3) The term `qualifying adult stem cell' means a human stem cell obtained from a human placenta, umbilical cord blood, an organ or tissue of a living or deceased human being who has been born, or an organ or tissue of unborn human offspring who died of natural causes (such as spontaneous abortion). ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2006 and each subsequent fiscal year. Such authorization of appropriations is in addition to any other authorization of appropriations that is available for activities of the National Institutes of Health regarding qualifying adult stem cell research.''.", "summary": "Joe Testaverde Adult Stem Cell Research Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH activities regarding qualifying adult stem cell research. Defines \"qualifying adult stem cell\" to mean a human stem cell obtained from a human placenta, umbilical cord blood, an organ or tissue of a living or deceased human being who has been born, or an organ or tissue of unborn human offspring who died of natural causes (such as spontaneous abortion). Requires the Director to award grants and contracts to plan, establish, improve, and provide basic operating support for no less than five centers of excellence regarding such research. Requires each center to conduct basic and clinical research, including investigations into the cause, diagnosis, early detection, prevention, control, and treatment of disease. Allows a center to: (1) make individuals aware of opportunities to participate as subjects in research; and (2) provide referrals for health and other services. Requires the Director to provide for: (1) a program under which samples of tissues and genetic materials that are of use in qualifying adult stem cell research are donated, collected, preserved, and made available for such research; and (2) means through which the public can obtain information on NIH programs and activities related to such research and through which the Director can receive comments from the public."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Solar Fuels Innovation Act''. SEC. 2. SOLAR FUELS BASIC RESEARCH INITIATIVE. (a) Amendment.--Section 973 of the Energy Policy Act of 2005 (42 U.S.C. 16313) is amended to read as follows: ``SEC. 973. SOLAR FUELS BASIC RESEARCH INITIATIVE. ``(a) Initiative.-- ``(1) In general.--The Secretary shall carry out a research initiative, to be known as the Solar Fuels Basic Research Initiative, to expand theoretical and fundamental knowledge of photochemistry, electrochemistry, biochemistry, and materials science useful for the practical development of experimental systems to convert solar energy to chemical energy. ``(2) Leveraging.--The Secretary shall leverage expertise and resources from the Basic Energy Sciences Program and Biological and Environmental Research Program within the Office of Science, and the Office of Energy Efficiency and Renewable Energy, as provided under subsections (b) and (c). ``(3) Teams.--The Secretary shall organize activities under the Solar Fuels Basic Research Initiative to include multidisciplinary teams leveraging expertise from the National Laboratories, universities, and the private sector to the extent practicable. These multidisciplinary teams shall pursue aggressive, milestone-driven basic research goals. The Secretary shall provide sufficient resources for those teams to achieve those goals over a period of time to be determined by the Secretary. ``(4) Additional activities.--The Secretary is authorized to organize additional activities under this subsection through Energy Frontier Research Centers, Energy Innovation Hubs, or other organizational structures. ``(b) Artificial Photosynthesis.-- ``(1) In general.--The Secretary shall, as part of the Solar Fuels Basic Research Initiative, carry out a program to support research needed to bridge scientific barriers and discover knowledge relevant to artificial photosynthetic systems. In carrying out activities under this subsection, the Director of the Office of Basic Energy Sciences shall support basic research to pursue distinct lines of scientific inquiry, including photoinduced production of hydrogen and oxygen from water, and the sustainable photoinduced reduction of carbon dioxide to fuel products including hydrocarbons, alcohols, carbon monoxide, and natural gas. The Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under this subsection. ``(2) Standard of review.--The Secretary shall review the program activities under this subsection to determine the achievement of technical milestones. ``(3) Authorization of appropriations.-- ``(A) Authorization.--Subject to subsection (d), there are authorized for carrying out activities under this subsection for each of fiscal years 2017 through 2020-- ``(i) $50,000,000 from funds within the Basic Energy Sciences Program account; and ``(ii) $25,000,000 from funds within the Energy Efficiency and Renewable Energy account. ``(B) Prohibition.--No funds authorized under this subsection may be obligated or expended for commercial application of energy technology. ``(c) Biochemistry, Replication of Natural Photosynthesis, and Related Processes.-- ``(1) In general.--The Secretary shall, as part of the Solar Fuels Basic Research Initiative, carry out a program to support research needed to replicate natural photosynthetic processes by use of artificial photosynthetic components and materials. In carrying out activities under this subsection, the Director of the Office of Basic Energy Sciences shall support basic research to expand fundamental knowledge to replicate natural synthesis processes, including the photoinduced reduction of dinitrogen to ammonia, absorption of carbon dioxide from ambient air, molecular-based charge separation and storage, photoinitiated electron transfer, and catalysis in biological or biomimetic systems. The Associate Director of Biological and Environmental Research shall support systems biology and genomics approaches to understand genetic and physiological pathways connected to photosynthetic mechanisms. The Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under this subsection. ``(2) Standard of review.--The Secretary shall review the program activities under this subsection to determine the achievement of technical milestones. ``(3) Authorization of appropriations.-- ``(A) Authorization.--Subject to subsection (d), there are authorized for carrying out activities under this subsection for each of fiscal years 2017 through 2020-- ``(i) $50,000,000 from funds within the Basic Energy Sciences Program and Biological and Environmental Research Program accounts; and ``(ii) $25,000,000 from funds within the Energy Efficiency and Renewable Energy account. ``(B) Prohibition.--No funds authorized under this subsection may be obligated or expended for commercial application of energy technology. ``(d) Funding.--No additional funds are authorized to be appropriated under this section. This section shall be carried out using funds otherwise authorized by law.''. (b) Table of Contents Amendment.--The item relating to section 973 in the table of contents of such Act is amended to read as follows: ``Sec. 973. Solar Fuels Basic Research Initiative.''. Passed the House of Representatives July 11, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": "Solar Fuels Innovation Act (Sec. 2) This bill amends the Energy Policy Act of 2005 by requiring the Department of Energy (DOE) to carry out the Solar Fuels Basic Research Initiative to expand scientific knowledge about converting solar energy into chemical energy. Specifically, DOE must support research about: (1) replicating natural photosynthetic processes in artificial photosynthesis processes, and (2) generating a variety of fuels produced from sunlight through artificial photosynthesis. (A photosynthetic process is one used by plants to convert light from the sun into chemical energy. Artificial, human-made photosynthesis mimics the natural process.) Appropriations authorized under the bill may not be obligated or expended for commercial application of energy technology. The bill repeals a requirement for DOE to support a research and development program in catalysis science (the acceleration of a chemical reaction by a catalyst)."}
{"article": "SECTION 1. RELEASE OF DOCUMENTS CAPTURED IN IRAQ AND AFGHANISTAN. (a) In General.--The Director of National Intelligence shall make publicly available on an Internet website all captured documents. (b) Review by Director of National Intelligence.--The Director of National Intelligence may review a captured document before making such document publicly available under subsection (a). The Director shall not be required to make a captured document publicly available under subsection (a) if-- (1) in the case of a captured document that is reviewed by the Director before the date of the enactment of this Act, the Director submits to the relevant congressional committees a description of the criteria the Director used to determine it is not appropriate to make a captured document publicly available and such captured document meets such criteria; or (2) in the case of a captured document that is reviewed by the Director on or after the date of the enactment of this Act, the Director submits to the relevant congressional committees a description of the criteria the Director shall use to determine if it is not appropriate to make a captured document publicly available and the captured document meets such criteria. (c) Submission of Description of Non-Released Documents.-- (1) Review before date of enactment.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the relevant congressional committees a report containing-- (A) a description of each captured document that, before such date, the Director determined should not be made publicly available; and (B) an explanation as to why the Director does not consider it appropriate to make such captured document publicly available. (2) Review after date of enactment.--Not later than 30 days after the Director of National Intelligence determines that a captured document should not be made publicly available pursuant to subsection (b)(2), the Director shall submit to the relevant congressional committees a report containing a description of such captured document and an explanation as to why the Director does not consider it appropriate to make such document publicly available. (3) Request for document.--The Director of National Intelligence shall make a copy of each captured document available to the relevant congressional committees for review upon request of the Chairman of any of such relevant congressional committees. The Director shall make such copy available in either classified or unclassified form. (d) Publication or Review Date.-- (1) In general.--The Director of National Intelligence shall begin making captured documents publicly available pursuant to subsection (a) not later than 30 days after the date of the enactment of this Act. (2) Documents collected prior to date of enactment.-- (A) In general.--Not later than the date described in subparagraph (B), for each captured document captured or collected before the date of the enactment of this Act, the Director of National Intelligence shall make such captured document publicly available pursuant to subsection (a) or shall submit to the relevant congressional committees a report regarding such captured document pursuant to subsection (c). (B) Dates.--The date described in this subparagraph is-- (i) September 30, 2006, for captured documents captured or collected during Operation Enduring Freedom and Operation Iraqi Freedom; and (ii) March 31, 2007, for captured documents captured or collected during Operation Desert Storm. (3) Documents collected after date of enactment.--For each captured document that is captured or collected on or after the date of the enactment of this Act, not later than 60 days after the date on which such captured document is captured or collected, the Director of National Intelligence shall make such captured document publicly available pursuant to subsection (a) or shall submit to the relevant congressional committees a report regarding such captured document pursuant to subsection (c). (e) Weekly Report.--Not later than 7 days after the date of enactment of this Act, and weekly thereafter until each captured document captured or collected before the date of the enactment of this Act is made publicly available pursuant to subsection (a) or described in a report submitted pursuant to subsection (c), the Director of National Intelligence shall submit to the relevant congressional committees a report describing the progress in making captured documents publicly available. (f) Definitions.--In this section: (1) Captured document.--The term ``captured document'' means a document captured or collected in Afghanistan or Iraq, including a document collected from the Government of Iraq or from a private person and including a document in electronic form, during Operation Desert Storm, Operation Enduring Freedom, and Operation Iraqi Freedom. (2) Relevant congressional committees.--The term ``relevant congressional committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and Select Committee on Intelligence of the Senate.", "summary": "Requires the Director of National Intelligence to make publicly available on an Internet website all documents captured in Afghanistan or Iraq during Operations Desert Storm, Enduring Freedom, or Iraqi Freedom. Provides conditions under which the Director shall not be required to make a captured document publicly available, including providing a list of retained documents, and the criteria used for such retention, to the congressional intelligence committees."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Lands Invasive Species Control, Prevention, and Management Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Federal efforts to control and manage invasive species on Federal lands. Sec. 4. Program funding allocations. Sec. 5. Prudent use of funds. Sec. 6. Use of partnerships. SEC. 2. DEFINITIONS. In this Act: (1) Alien species.--The term ``alien species'' means, with respect to a particular ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem. (2) Control.--The term ``control'' means the eradication, suppression, or reduction of the population of an invasive species within the area in which the invasive species is present. (3) Ecosystem.--The term ``ecosystem'' means the complex of a community of organisms and its environment. (4) Eligible state.--The term ``eligible State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands. (5) Invasive species.--The term ``invasive species'' means an alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health. (6) Manage.--The terms ``manage'' and ``management'' mean the active implementation of activities-- (A) to reduce or stop the spread of an invasive species; and (B) to inhibit further infestations or spread of invasive species or harm caused by invasive species, including investigations regarding methods to prevent, control, or manage invasive species. (7) Prevent.--The term ``prevent'' means to hinder the introduction of invasive species onto lands or waters or to impede the spread of invasive species within lands or waters by inspecting, intercepting, or confiscating invasive species threats prior to their establishment onto lands or waters of an eligible State. (8) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior, with respect to Federal lands administered by that Secretary through the Bureau of Indian Affairs, the Bureau of Land Management, the Bureau of Reclamation, the National Park Service, or the United States Fish and Wildlife Service; and (B) the Secretary of Agriculture, with respect to Federal lands administered by that Secretary through the United States Forest Service. (9) Species.--The term ``species'' means a group of organisms, all of which have a high degree of physical and genetic similarity, generally interbreed only among themselves, and show persistent differences from members of allied groups of organisms. SEC. 3. FEDERAL EFFORTS TO CONTROL AND MANAGE INVASIVE SPECIES ON FEDERAL LANDS. (a) Control and Management.--The Secretary concerned shall plan and carry out activities on lands directly managed by the Secretary concerned to control and manage invasive species to inhibit or reduce their populations and to effectuate restoration or reclamation efforts. (b) Strategic Plan.--The Secretary concerned shall develop a strategic plan for the implementation of the invasive species program of that Secretary to endeavor to achieve an annual five percent net reduction of invasive species populations on lands managed by that Secretary. SEC. 4. PROGRAM FUNDING ALLOCATIONS. (a) Control and Management Activities.--Of the amount appropriated or otherwise made available to the Secretary concerned for a fiscal year for programs that address or include invasive species management, the Secretary concerned shall use not less than 75 percent of the amount for on-the-ground control and management of invasive species, including through-- (1) the purchase of necessary products, equipment, or services to conduct such control and management; (2) the use of integrated pest management options, including pesticides authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); (3) the use of biological control agents that are proven to be effective to reduce invasive species populations; (4) the use of re-vegetation or cultural restoration methods designed to improve the diversity and richness of ecosystems; or (5) the use of other effective mechanical or manual control method. (b) Investigations, Outreach, and Public Awareness.--Of the amount appropriated or otherwise made available to the Secretary concerned for a fiscal year for programs that address or include invasive species management, the Secretary concerned may use not more than 15 percent of the amount for investigations, development activities, and outreach and public awareness efforts to address invasive species control and management needs. (c) Administrative Costs.--Of the amount appropriated or otherwise made available to the Secretary concerned for a fiscal year for programs that address or include invasive species management, not more than 10 percent may be used for administrative costs incurred to carry out such programs, including costs related to oversight and management of such programs, recordkeeping, and implementation of the strategic plan. (d) Reporting Requirements.--Not later than 60 days after the end of the second fiscal year beginning after the date of the enactment of this Act, the Secretary concerned shall submit to Congress a report-- (1) describing the use by that Secretary during the preceding two fiscal years of funds for programs that address or include invasive species management; and (2) specifying the percentage of funds expended for each of the purposes specified in subsections (a), (b), and (c). SEC. 5. PRUDENT USE OF FUNDS. (a) Cost-Effective Methods.--In selecting the method or methods to be used to control or manage an invasive species as part of a specific control or management project, the Secretary concerned shall require the use of the least costly options based on sound scientific data and other commonly used cost-effective benchmarks in the area to effectively control and manage invasive species. (b) Comparative Economic Assessment.--The Secretary concerned shall require a comparative economic assessment of invasive species control and management methods to be conducted to comply with subsection (a). (c) Categorical Exclusion.--If an invasive species control or management project or activity to be conducted on lands directly managed by the Secretary concerned will be conducted in a prioritized, high-risk area involving the treatment of land or waterways within 1,000 feet of a water body or waterway, a water project, a utility or telephone infrastructure or right of way, a railroad line, an airport, a port of entry, campground, roadside or highway, heritage site, a national monument, a park, recreation site, school, or other similar and valuable infrastructure, as determined by the Secretary concerned, the project or activity is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) so long as the Secretary concerned determines that the project or activity is otherwise conducted consistently with agency procedures, including any land and resource management plan or land use plan applicable to the area covered by the project or activity. (d) Relation to Other Authority.-- (1) Other invasive species control, prevention, or management authorities.--Nothing in this Act shall be construed to preclude the Secretary concerned from pursuing or supporting, under the authority of any other provision of law, activities regarding the control, prevention, or management of invasive species, including investigations to better control, prevent, or manage invasive species. (2) Public water supply systems.--Nothing in this Act shall be construed to authorize the Secretary concerned to suspend water deliveries or diversions or otherwise prevent the operation of a public water supply system as a measure to control, manage, or prevent the introduction or spread of invasive species. SEC. 6. USE OF PARTNERSHIPS. (a) Partnerships Authorized.--The Secretary concerned may enter into contracts and cooperative agreements with another Federal agency, an eligible State, a political subdivision of an eligible State, or a private entity to partner with the Secretary concerned and assist with the control and management of invasive species. (b) Memorandum of Understanding.-- (1) Required.--As a condition of a contract or cooperative agreement under subsection (a), the Secretary concerned and the other Federal agency, eligible State, political subdivision of an eligible State, or private entity involved shall enter into a memorandum of understanding describing the nature of the partnership between the parties and the control and management activities to be conducted. (2) Contents.--The memorandum of understanding shall contain, at a minimum, the following: (A) A prioritized listing of invasive species to be controlled or managed. (B) An assessment of the total acres or area infested by the invasive species. (C) An estimate of the expected total acres or area infested by the invasive species after control and management of the invasive species is attempted. (D) The specific integrated pest management option or options to be used, including a comparative economic assessment to determine the least costly method. (E) Any maps, boundaries, or Global Positioning System (GPS) coordinates needed to clearly identify the area in which the control and management activities are to be conducted. (F) Written assurances that the partner will comply with section 15 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2814). (c) Coordination.--If the partner in a contract or cooperative agreement under subsection (a) is an eligible State, political subdivision of an eligible State, or private entity, the memorandum of understanding shall also contain a description of how the control and management efforts will be coordinated and the expected outcomes of managing and controlling the invasive species. (d) Public Outreach and Awareness Efforts.--If a contract or cooperative agreement under subsection (a) will involve any outreach and public awareness efforts, the memorandum of understanding shall also contain a list of goals and objectives for such outreach and public awareness efforts that have been determined will be efficient to inform national, State, regional, or local audiences regarding invasive species control and management. (e) Investigations.--Any invasive species-related investigations undertaken under a contract or cooperative agreement under subsection (a) shall be undertaken for the purpose of-- (1) developing solutions and specific recommendations for control and management of invasive species; and (2) specifically providing faster implementation of control and management methods.", "summary": "Federal Lands Invasive Species Control, Prevention, and Management Act - Directs the Secretary of the Interior (respecting federal lands administered through the Bureau of Indian Affairs [BIA], Bureau of Land Management [BLM], Bureau of Reclamation, National Park Service, or U.S. Fish and Wildlife Service) and the Secretary of Agriculture (USDA) (respecting federal lands administered through the U.S. Forest Service) to plan and carry out activities on lands directly managed by the Secretary concerned to control and manage invasive species in order to inhibit or reduce their populations and to effectuate restoration or reclamation efforts. Requires the Secretary concerned to develop a strategic plan for the implementation of an invasive species program that endeavors to achieve an annual 5% net reduction of invasive species populations on lands managed by that Secretary. Requires the Secretary concerned to use: (1) no less than 75% of funds each fiscal year for on-the-ground control and management of invasive species; (2) no more than 15% of such funds for investigations, development activities, and outreach and public awareness efforts to address invasive species control and management needs; and (3) no more than 10% for administrative costs. Requires the Secretaries, in selecting the method or methods to control or manage an invasive species as part of a specific control or management project, to require the use of the least costly options necessary to perform effectively, based on sound scientific data and other commonly used cost-effective benchmarks in the area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Sanctions Enhancement Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The Islamic Republic of Iran is a signatory to the Nuclear Non-Proliferation Treaty (NPT). (2) Iran is a member of the International Atomic Energy Agency (IAEA). (3) Iran has agreed to safeguards to ensure compliance with its non-proliferation commitments under the NPT. (4) The IAEA has reported numerous concerns with the implementation of such safeguards to ensure Iran's compliance with its non-proliferation commitments. (5) International inspections in 2003 and 2004 of Iran's nuclear program revealed significant undeclared activities with potential application for the development of nuclear weapons. (6) According to the IAEA, Iran has not declared the full scope of its nuclear program and has not allowed full and unrestricted access to all its nuclear sites. (7) In June 2006, Iran refused to consider economic incentives offered by the five permanent members of the United Nations Security Council (UNSC) and Germany in exchange for a permanent halt to Iran's uranium enrichment program. (8) On July 31, 2006, the UNSC adopted Resolution 1696, setting a deadline of August 31, 2006, for Iran's full, unconditional, and immediate compliance with its obligations under the NPT. (9) Iran is in violation of UNSC Resolution 1696. (10) On March 23, 2007, the Iranian Revolutionary Guard Navy seized 15 British marines and sailors on the same day the UNSC considered a new resolution to sanction the Government of Iran for its continued defiance of the UNSC and the IAEA. (11) On March 24, 2007, the UNSC adopted Resolution 1747, imposing further economic sanctions on Iran for its non- compliance with previous UNSC resolutions. (12) Iran is in violation of UNSC Resolution 1747. (13) On May 14, 2007, IAEA Director General Mohammed El- Baradei announced that Iran had overcome its technical difficulties and now possesses the knowledge to enrich uranium to weapons-grade level. (14) On May 20, 2007, the head of Iran's Atomic Energy Organization announced the Iranian nuclear program was moving ahead as scheduled towards its previously stated goal of 50,000 centrifuges running at its Natanz facility. (15) On May 23, 2007, the IAEA reported that Iran not only ignored the UNSC's deadline to stop enriching uranium but markedly expanded its enrichment program. (16) More than 40 percent of Iranian gasoline comes from imports. (17) The Government of Iran is set to impose a daily gasoline ration of three liters for private cars and 15 to 20 liters for taxis. (18) If the supply of gasoline to Iran is restricted, the impact on Iran's economy would be considerable. (19) Diplomatic means present the most effective way to defuse the crisis regarding the Iranian nuclear program. SEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 1996. (a) Expansion of Sanctions to Refined Petroleum.--Section 5(a) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows: ``(a) Sanctions With Respect to the Development of Petroleum Resources of Iran and Export of Refined Petroleum to Iran.--Except as provided in subsection (f), the President shall impose two or more of the sanctions described in paragraphs (1) through (6) of section 6 if the President determines that a person has, with actual knowledge-- ``(1) on or after the date of the enactment of this Act, made an investment of $20,000,000 or more (or any combination of investments of at least $5,000,000 each, which in the aggregate equals or exceeds $20,000,000 in any 12-month period), that directly and significantly contributed to the enhancement of Iran's ability to develop petroleum resources of Iran; or ``(2) on or after December 31, 2007, provided Iran with refined petroleum resources or engaged in an activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources.''. (b) Presidential Waiver.--Section 9(c)(2)(C) of such Act is amended by striking ``section 5(a) or section 5(b) to Iran's ability to, respectively, develop its petroleum resources or its weapons of mass destruction or other military capabilities'' and inserting ``section 5(a)(1), section 5(a)(2), or section 5(b) to Iran's ability to, respectively, develop its petroleum resources, enhance its ability to import refined petroleum resources, or develop its weapons of mass destruction or other military capabilities''. (c) Reports on United States Efforts To Curtail the Export of Refined Petroleum to Iran.--Section 10 of such Act is amended by adding at the end the following new subsection: ``(d) Reports on Refined Petroleum Exports to Iran.--Not later than January 30, 2008, and every six months thereafter, the President shall transmit to the appropriate congressional committees a report on any person who has provided Iran with refined petroleum resources or any activity by any person that could contribute to the enhancement of Iran's ability to import refined petroleum resources. For each such activity, the President shall provide a description of such activity and what steps the United States has taken to respond to such activity.''.", "summary": "Iran Sanctions Enhancement Act of 2007 - Amends the Iran Sanctions Act of 1996 to direct the President to impose two or more sanctions under such Act if a person has, with actual knowledge: (1) made an investment of $20 million or more (or any combination of investments of at least $5 million which in the aggregate equals or exceeds $20 million in any 12-month period) that directly and significantly contributed to Iran's ability to develop its petroleum resources; or (2) on or after December 31, 2007, provided Iran with refined petroleum resources or engaged in an activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources. (Under current law, imposes sanctions upon investments of $40 million and does not include refined petroleum resource imports.) Extends existing presidential waiver authority to such activities. Directs the President to report to the appropriate congressional committees every six months on such activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Aid Transparency and Accountability Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) Evaluation.--The term ``evaluation'' means, with respect to a covered United States foreign assistance program, the systematic collection and analysis of information about the characteristics and outcomes of the program, including projects conducted under such program, as a basis for-- (A) making judgments and evaluations regarding the program; (B) improving program effectiveness; and (C) informing decisions about current and future programming. (3) Covered united states foreign assistance.--The term ``covered United States foreign assistance'' means assistance authorized under-- (A) part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), except for-- (i) title IV of chapter 2 of such part (relating to the Overseas Private Investment Corporation); and (ii) chapter 3 of such part (relating to International Organizations and Programs); (B) chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund); (C) the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.); and (D) the Food for Peace Act (7 U.S.C. 1721 et seq.). SEC. 3. GUIDELINES FOR COVERED UNITED STATES FOREIGN ASSISTANCE PROGRAMS. (a) Purposes.--The purposes of this section are to-- (1) evaluate the performance of covered United States foreign assistance and its contribution to the policies, strategies, projects, program goals, and priorities undertaken by the Federal Government; (2) support and promote innovative programs to improve effectiveness; and (3) coordinate the monitoring and evaluation processes of Federal departments and agencies that administer covered United States foreign assistance. (b) Establishment of Guidelines.--Not later than 18 months after the date of the enactment of this Act, the President shall set forth guidelines, according to best practices of monitoring and evaluation studies and analyses, for the establishment of measurable goals, performance metrics, and monitoring and evaluation plans that can be applied with reasonable consistency to covered United States foreign assistance. (c) Objectives of Guidelines.-- (1) In general.--The guidelines established pursuant to subsection (b) shall provide direction to Federal departments and agencies that administer covered United States foreign assistance on-- (A) monitoring the use of resources; (B) evaluating the outcomes and impacts of covered United States foreign assistance projects and programs; and (C) applying the findings and conclusions of such evaluations to proposed project and program design. (2) Objectives.--The guidelines established pursuant to subsection (b) shall provide direction to Federal departments and agencies that administer covered United States foreign assistance on how to-- (A) establish annual monitoring and evaluation objectives and timetables to plan and manage the process of monitoring, evaluating, analyzing progress, and applying learning toward achieving results; (B) develop specific project monitoring and evaluation plans, including measurable goals and performance metrics, and to identify the resources necessary to conduct such evaluations, which should be covered by program costs; (C) apply rigorous monitoring and evaluation methodologies to such programs, including through the use of impact evaluations, ex-post evaluations, or other methods, as appropriate, that clearly define program logic, inputs, outputs, intermediate outcomes, and end outcomes; (D) disseminate guidelines for the development and implementation of monitoring and evaluation programs to all personnel, especially in the field, who are responsible for the design, implementation, and management of covered United States foreign assistance programs; (E) establish methodologies for the collection of data, including baseline data to serve as a reference point against which progress can be measured; (F) evaluate, at least once in their lifetime, all programs whose dollar value equals or exceeds the median program size for the relevant office or bureau or an equivalent calculation to ensure the majority of program resources are evaluated; (G) conduct impact evaluations on all pilot programs before replicating, or conduct performance evaluations and provide a justification for not conducting an impact evaluation when such an evaluation is deemed inappropriate or impracticable; (H) develop a clearinghouse capacity for the collection, dissemination, and preservation of knowledge and lessons learned to guide future programs for United States foreign assistance personnel, implementing partners, the donor community, and aid recipient governments; (I) internally distribute evaluation reports; (J) publicly report each evaluation, including an executive summary, a description of the evaluation methodology, key findings, appropriate context, including quantitative and qualitative data when available, and recommendations made in the evaluation within 90 days after the completion of the evaluation; (K) undertake collaborative partnerships and coordinate efforts with the academic community, implementing partners, and national and international institutions, as appropriate, that have expertise in program monitoring, evaluation, and analysis when such partnerships provide needed expertise or significantly improve the evaluation and analysis; (L) ensure verifiable, reliable, and timely data, including from local beneficiaries and stakeholders, are available to monitoring and evaluation personnel to permit the objective evaluation of the effectiveness of covered United States foreign assistance programs, including an assessment of assumptions and limitations in such evaluations; and (M) ensure that standards of professional evaluation organizations for monitoring and evaluation efforts are employed, including ensuring the integrity and independence of evaluations, permitting and encouraging the exercise of professional judgment, and providing for quality control and assurance in the monitoring and evaluation process. (d) President's Report.--Not later than 18 months after the date of the enactment of this Act, the President shall submit a report to the appropriate congressional committees that contains a detailed description of the guidelines established pursuant to subsection (b). The report shall be submitted in unclassified form, but it may contain a classified annex. (e) Comptroller General's Report.--The Comptroller General of the United States shall, not later than 18 months after the report required by subsection (d) is submitted to Congress, submit to the appropriate congressional committees a report that-- (1) analyzes the guidelines established pursuant to subsection (b); and (2) assesses the implementation of the guidelines by the agencies, bureaus, and offices that implement covered United States foreign assistance as outlined in the President's budget request. SEC. 4. INFORMATION ON COVERED UNITED STATES FOREIGN ASSISTANCE PROGRAMS. (a) Publication of Information.-- (1) Update of existing website.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall update the Department of State's website, ``ForeignAssistance.gov'', to make publicly available comprehensive, timely, and comparable information on covered United States foreign assistance programs, including all information required under subsection (b) that is available to the Secretary of State. (2) Information sharing.--Not later than 2 years after the date of the enactment of this Act, and quarterly thereafter, the head of each Federal department or agency that administers covered United States foreign assistance shall provide the Secretary of State with comprehensive information about the covered United States foreign assistance programs carried out by such department or agency. (3) Updates to website.--Not later than 2 years after the date of the enactment of this Act, and quarterly thereafter, the Secretary of State shall publish, on the ``ForeignAssistance.gov'' website or through a successor online publication, the information provided under subsection (b). (b) Matters To Be Included.-- (1) In general.--The information described in subsection (a)-- (A) shall be published for each country on a detailed basis, such as award-by-award; or (B) if assistance is provided on a regional level, shall be published for each such region on a detailed basis, such as award-by-award. (2) Types of information.-- (A) In general.--To ensure the transparency, accountability, and effectiveness of covered United States foreign assistance programs, the information described in subsection (a) shall include-- (i) links to all regional, country, and sector assistance strategies, annual budget documents, congressional budget justifications, and evaluations in accordance with section 3(c)(2)(J); (ii) basic descriptive summaries for covered United States foreign assistance programs and awards under such programs; and (iii) obligations and expenditures. (B) Publication.--Each type of information described in subparagraph (A) shall be published or updated on the appropriate website not later than 90 days after the date on which the information is issued. (C) Rule of construction.--Nothing in this paragraph may be construed to require a Federal department or agency that administers covered United States foreign assistance to provide any information that does not relate to, or is not otherwise required by, the covered United States foreign assistance programs carried out by such department or agency. (3) Report in lieu of inclusion.-- (A) Health or security of implementing partners.--If the head of a Federal department or agency, in consultation with the Secretary of State, makes a determination that the inclusion of a required item of information online would jeopardize the health or security of an implementing partner or program beneficiary or would require the release of proprietary information of an implementing partner or program beneficiary, the head of the Federal department or agency shall provide such determination in writing to the appropriate congressional committees, including the basis for such determination. (B) National interests of the united states.--If the Secretary of State makes a determination that the inclusion of a required item of information online would be detrimental to the national interests of the United States, the Secretary of State shall provide such determination, including the basis for such determination, in writing to the appropriate congressional committees. (C) Form.--Information provided under this paragraph may be provided in classified form, as appropriate. (4) Failure to comply.--If a Federal department or agency fails to comply with the requirements under paragraph (1), (2), or (3) of subsection (a), or subsection (c), with respect to providing information described in subsection (a), and the information is not subject to a determination under subparagraph (A) or (B) of paragraph (3) not to make the information publicly available, the Director of the Office of Management and Budget, in consultation with the head of such department or agency, not later than one year after the date of the enactment of this Act, shall submit a consolidated report to the appropriate congressional committees that includes, with respect to each required item of information not made publicly available-- (A) a detailed explanation of the reason for not making such information publicly available; and (B) a description of the department's or agency's plan and timeline for-- (i) making such information publicly available; and (ii) ensuring that such information is made publicly available in subsequent years. (c) Scope of Information.--The online publication required under subsection (a) shall, at a minimum-- (1) in each of the fiscal years 2016 through 2019, provide the information required under subsection (b) for fiscal years 2015 through the current fiscal year; and (2) for fiscal year 2020 and each fiscal year thereafter, provide the information required under subsection (b) for the immediately preceding 5 fiscal years in a fully searchable form. (d) Sense of Congress.--It is the sense of Congress that the Secretary of State and the Administrator of the United States Agency for International Development should coordinate the consolidation of processes and data collection and presentation for the Department of State's website, ``ForeignAssistance.gov'', and the United States Agency for International Development's website, ``Explorer.USAID.gov'', to the extent that is possible to maximize efficiencies, no later than the end of fiscal year 2018. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the Senate on July 5, 2016. Foreign Aid Transparency and Accountability Act of 2016 (Sec. 2) This bill defines "covered U.S. foreign assistance" as assistance authorized under: part I of the Foreign Assistance Act of 1961 (development assistance), except for title IV of chapter 2 (relating to the Overseas Private Investment Corporation), and chapter 3 (relating to International Organizations and Programs); chapter 4 of part II of such Act (Economic Support Fund); the Millennium Challenge Act of 2003; and the Food for Peace Act. (Sec. 3) The President shall within 18 months prescribe guidelines for establishment of goals, performance metrics, and monitoring and evaluation plans for covered U.S. foreign assistance. The guidelines shall direct federal departments and agencies that administer such assistance on how to: establish annual monitoring and evaluation agendas and objectives; develop specific project monitoring and evaluation plans; apply monitoring and evaluation methodologies to covered U.S. foreign assistance programs; disseminate guidelines for the development and implementation of monitoring and evaluation programs to all personnel responsible for program design, implementation, and management of covered U.S. foreign assistance programs; establish data collection methodologies; evaluate, at least once in their lifetime, all programs whose dollar value equals or exceeds the median program size for the relevant office or bureau; develop a clearinghouse capacity for the collection and dissemination of knowledge and lessons learned that serve as benchmarks for future programs; distribute evaluation reports internally; publicly report evaluations and related recommendations; undertake collaborative partnerships and coordinate efforts with academic, national and international institutions; make verifiable and timely data available to monitoring and evaluation personnel; and ensure that standards of professional evaluation organizations for monitoring and evaluation efforts are employed. The President shall within 18 months give Congress a detailed description of these guidelines. The Government Accountability Office shall analyze the guidelines and assess their implementation by the appropriate agencies, bureaus, and offices. (Sec. 4) The Department of State shall within 90 days update its Internet website, ForeignAssistance.gov, to make publicly available comprehensive and accessible information on covered U.S. foreign assistance programs. The head of each federal department or agency that administers such assistance shall give the State Department comprehensive program information each quarter. Assistance program information shall be published: (1) on an award-by-award and country-by-country basis, or (2) on an award-by-award and region-by-region basis if provided on a regional level. Such information shall include: (1) links to all regional, country, and sector assistance strategies, annual budget documents, congressional budget justifications, and evaluations; (2) basic descriptive summaries for foreign development and economic assistance programs and awards under such programs; and (3) obligations and expenditures. If a federal department or agency determines that the inclusion of a required item of information online would jeopardize the health or security of an implementing partner or program beneficiary, or would require the release of proprietary information, it shall give Congress that determination in writing. If the State Department determines that online inclusion of a required item of information would be detrimental to U.S. national interests, it shall also give Congress that determination in writing. The bill expresses the sense of Congress that the State Department and the U.S. Agency for International Development (USAID) should, by the end of FY2018, coordinate data collection consolidation for the State Department's website, ForeignAssistance.gov, and USAID's website, Explorer.USAID.gov."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Administration Authorization Act for Fiscal Year 2001''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001. Funds are hereby authorized to be appropriated, as Appropriations Acts may provide, for the use of the Department of Transportation for the Maritime Administration as follows: (1) For expenses necessary for operations and training activities, not to exceed $80,240,000 for the fiscal year ending September 30, 2001. (2) For the costs, as defined in section 502 of the Federal Credit Reform Act of 1990, of guaranteed loans authorized by title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), $50,000,000, to be available until expended. In addition, for administrative expenses related to loan guarantee commitments under title XI of that Act, $4,179,000. SEC. 3. AMENDMENTS TO TITLE IX OF THE MERCHANT MARINE ACT, 1936. (a) Title IX of the Merchant Marine Act, 1936 (46 U.S.C. App. 101 et seq.) is amended by adding at the end thereof the following: ``SEC. 910. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS. ``(a) In General.--The restrictions of section 901(b)(1) of this Act concerning a vessel built in a foreign country shall not apply to a newly constructed drybulk or breakbulk vessel over 7,500 deadweight tons that has been delivered from a foreign shipyard or contracted for construction in a foreign shipyard before the earlier of-- ``(1) the date that is 1 year after the date of enactment of the Maritime Administration Authorization Act for Fiscal Year 2001; or ``(2) the effective date of the OECD Shipbuilding Trade Agreement Act. ``(b) Compliance With Certain U.S.-Build Requirements.--A vessel timely contracted for or delivered pursuant to this section and documented under the laws of the United States shall be deemed to have been United-States built for purposes of sections 901(b) and 901b of this Act if-- ``(1) following delivery by a foreign shipyard, the vessel has any additional shipyard work necessary to receive its initial Coast Guard certificate of inspection performed in a United States shipyard; ``(2) the vessel is not documented in another country before being documented under the laws of the United States; ``(3) the vessel complies with the same inspection standards set forth for ocean common carriers in section 1137 of the Coast Guard Authorization Act of 1996 (46 U.S.C. App. 1187 note); and ``(4) actual delivery of a vessel contracted for construction takes place on or before the 3-year anniversary of the date of the contract to construct the vessel. ``(c) Section 12106(e) of Title 46.--Section 12106(e) of title 46, United States Code, shall not apply to a vessel built pursuant to this section.''. (b) Conforming Calendar Year to Federal Fiscal Year for Section 901b Purposes.--Section 901b(c)(2) of the Merchant Marine Act, 1936 (46 U.S.C App. 1241f(c)(2)) is amended by striking ``1986.'' and inserting ``1986, the 18-month period commencing April 1, 2000, and the 12-month period beginning on the first day of October in the year 2001 and each year thereafter.''. SEC. 4. SCRAPPING OF CERTAIN VESSELS. (a) International Environmental Scrapping Standard.--The Secretary of State in coordination with the Secretary of Transportation shall initiate discussions in all appropriate international forums in order to establish an international standard for the scrapping of vessels in a safe and environmentally sound manner. (b) Scrapping of Obsolete National Defense Reserve Fleet Vessels.-- (1) Development of a ship scrapping program.--The Secretary of Transportation, in consultation with the Secretary of the Navy, the Administrator of the Environmental Protection Agency, the Assistant Secretary for Occupational Safety and Health, and the Secretary of State, shall develop a program within 9 months after the date of enactment of this Act for the scrapping of obsolete National Defense Reserve Fleet Vessels and report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Armed Services. (A) Content.--The report shall include information concerning the initial determination of scrapping capacity, both domestically and abroad, development of appropriate regulations, funding and staffing requirements, milestone dates for the disposal of each obsolete vessel, and long term cost estimates for the ship scrapping program. (B) Alternatives.--In developing the program the Secretary of Transportation, in consultation with the Secretary of the Navy, the Administrator of the Environmental Protection Agency, and the Secretary of State shall consider all alternatives and available information including-- (i) alternative scrapping sites; (ii) vessel donations; (iii) sinking of vessels in deep water; (iv) sinking vessels for development of artificial reefs; (v) sales of vessels before they become obsolete; (vi) results from the Navy Pilot Scrapping Program under section 8124 of the Department of Defense Appropriations Act, 1999; and (vii) the Report of the Department of Defense's Interagency Panel on Ship Scrapping issued in April, 1998. (2) Selection of scrapping facilities.--Notwithstanding the provisions of the Toxic Substances Control Act (15 U.S.C. 2605 et seq.), a ship scrapping program shall be accomplished through qualified scrapping facilities whether located in the United States or abroad. Scrapping facilities shall be selected on a best value basis taking into consideration, among other things, the facilities's ability to scrap vessels-- (A) economically; (B) in a safe and timely manner; (C) with minimal impact on the environment; (D) with proper respect for worker safety; and (E) by minimizing the geographic distance that a vessel must be towed when such a vessel poses a serious threat to the environment. (3) Amendment of national maritime heritage act.--Section 6(c)(1) of the National Maritime Heritage Act of 1994 (16 U.S.C. 5405(c)(1)) is amended-- (A) by striking ``2001'' in subparagraph (A) and inserting ``2006''; and (B) by striking subparagraph (B) and inserting the following: ``(B) in the most cost effective manner to the United States taking into account the need for disposal, the environment, and safety concerns; and''. (4) Funding for scrapping.--Section 2218(c)(1)(E) of title 10, United States Code, is amended by inserting ``and scrapping the vessels of'' after ``maintaining''. (c) Limitation on Scrapping Before Program.--Until the report required by subsection (b)(1) is transmitted to the Congress, the Secretary may not proceed with the scrapping of any vessels in the National Defense Reserve Fleet except the following: (1) EXPORT CHALLENGER. (2) EXPORT COMMERCE. (3) BUILDER. (4) ALBERT E. WATTS. (5) WAYNE VICTORY. (6) MORMACDAWN. (7) MORMACMOON. (8) SANTA ELENA. (9) SANTA ISABEL. (10) SANTA CRUZ. (11) PROTECTOR. (12) LAUDERDALE. (13) PVT. FRED C. MURPHY. (14) BEAUJOLAIS. (15) MEACHAM. (16) NEACO. (17) WABASH. (18) NEMASKET. (19) MIRFAK. (20) GEN. ALEX M. PATCH. (21) ARTHUR M. HUDDELL. (22) WASHINGTON. (23) SUFFOLK COUNTY. (24) CRANDALL. (25) CRILLEY. (26) RIGEL. (27) VEGA. (28) COMPASS ISLAND. (29) DONNER. (30) PRESERVER. (31) MARINE FIDDLER. (32) WOOD COUNTY. (33) CATAWBA VICTORY. (34) GEN. NELSON M. WALKER. (35) LORAIN COUNTY. (36) LYNCH. (37) MISSION SANTA YNEZ. (38) CALOOSAHATCHEE. (39) CANISTEO. (d) Biannual Report.--Beginning 1 year after the date of enactment of this Act, the Secretary of Transportation in coordination with the Secretary of the Navy shall report to Congress biannually on the progress of the ship scrapping program developed under subsection (b)(1) and on the progress of any other scrapping of obsolete government-owned vessels. SEC. 5. REPORTING OF ADMINISTERED AND OVERSIGHT FUNDS. The Maritime Administration, in its annual report to the Congress under section 208 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1118), and in its annual budget estimate submitted to the Congress, shall state separately the amount, source, intended use, and nature of any funds (other than funds appropriated to the Administration or to the Secretary of Transportation for use by the Administration) administered, or subject to oversight, by the Administration. SEC. 6. MARITIME INTERMODAL RESEARCH. Section 8 of Public Law 101-115 (46 U.S.C. App. 1121-2) is amended by adding at the end thereof the following: ``(f) University Transportation Research Funds.-- ``(1) In general.--The Secretary may make a grant under section 5505 of title 49, United States Code, to an institute designated under subsection (a) for maritime and maritime intermodal research under that section as if the institute were a university transportation center. ``(2) Advice and consultation of marad.--In making a grant under the authority of paragraph (1), the Secretary, through the Research and Special Programs Administration, shall advise the Maritime Administration concerning the availability of funds for the grants, and consult with the Administration on the making of the grants.''. SEC. 7. MARITIME RESEARCH AND TECHNOLOGY DEVELOPMENT. (a) In General.--The Secretary of Transportation shall conduct a study of maritime research and technology development, and report its findings and conclusions, together with any recommendations it finds appropriate, to the Congress within 9 months after the date of enactment of this Act. (b) Required Areas of Study.--The Secretary shall include the following items in the report required by subsection (a): (1) The approximate dollar values appropriated by the Congress for each of the 5 fiscal years ending before the study is commenced for each of the following modes of transportation: (A) Highway. (B) Rail. (C) Aviation. (D) Public transit. (E) Maritime. (2) A description of how Federal funds appropriated for research in the different transportation modes are utilized. (3) A summary and description of current research and technology development funds appropriated for each of those fiscal years for maritime research initiatives, with separate categories for funds provided to the Coast Guard for marine safety research purposes. (4) A description of cooperative mechanisms that could be used to attract and leverage non-federal investments in United States maritime research and technology development and application programs, including the potential for the creation of maritime transportation research centers and the benefits of cooperating with existing surface transportation research centers. (5) Proposals for research and technology development funding to facilitate the evolution of Maritime Transportation System. (c) Authorization of Appropriations.--There are authorized to be appropriated $100,000 to carry out this section. SEC. 8. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL, GLACIER. (a) Authority to Convey.--Notwithstanding any other law, the Secretary of Transportation may, subject to subsection (b), convey all right, title, and interest of the United States Government in and to the vessel in the National Defense Reserve Fleet that was formerly the U.S.S. GLACIER (United States official number AGB-4) to the Glacier Society, Inc., a corporation established under the laws of the State of Connecticut that is located in Bridgeport, Connecticut. (b) Terms of Conveyance.-- (1) Required conditions.--The Secretary may not convey the vessel under this section unless the corporation-- (A) agrees to use the vessel for the purpose of a monument to the accomplishments of members of the Armed Forces of the United States, civilians, scientists, and diplomats in exploration of the Arctic and the Antarctic; (B) agrees that the vessel will not be used for commercial purposes; (C) agrees to make the vessel available to the Government if the Secretary requires use of the vessel by the Government for war or national emergency; (D) agrees to hold the Government harmless for any claims arising from exposure to asbestos, polychlorinated biphenyls, or lead paint after the conveyance of the vessel, except for claims arising from use of the vessel by the Government pursuant to the agreement under subparagraph (C); and (E) provides sufficient evidence to the Secretary that it has available for use to restore the vessel, in the form of cash, liquid assets, or a written loan commitment, financial resources of at least $100,000. (2) Delivery of vessel.--If the Secretary conveys the vessel under this section, the Secretary shall deliver the vessel-- (A) at the place where the vessel is located on the date of conveyance; (B) in its condition on that date; and (C) at no cost to the United States Government. (3) Additional terms.--The Secretary may require such additional terms in connection with the conveyance authorized by this section as the Secretary considers appropriate. (c) Other Unneeded Equipment.--If the Secretary conveys the vessel under this section, the Secretary may also convey to the corporation any unneeded equipment from other vessels in the National Defense Reserve Fleet or Government storage facilities for use to restore the vessel to museum quality or to its original configuration (or both). (d) Retention of Vessel in NDRF.--The Secretary shall retain in the National Defense Reserve Fleet the vessel authorized to be conveyed under this section until the earlier of-- (1) 2 years after the date of the enactment of this Act; or (2) the date of the conveyance of the vessel under this section. Passed the Senate September 28 (legislative day, September 22), 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 2487 _______________________________________________________________________ AN ACT To authorize appropriations for Fiscal Year 2001 for certain maritime programs of the Department of Transportation.", "summary": "(Sec. 3) Amends the Merchant Marine Act, 1936 to declare that certain restrictions concerning a vessel built in a foreign country shall not apply to a newly constructed drybulk or breakbulk vessel over 7,500 deadweight tons that has been delivered from a foreign shipyard or contracted for construction in a foreign shipyard before the earlier of two specified dates. Deems U.S.-built any vessel timely contracted for or delivered and documented under U.S. law, if certain conditions are met. (Sec. 4) Directs the Secretary of State, in coordination with the Secretary of Transportation, to initiate discussions in all appropriate international forums to establish an international standard for the scrapping of vessels in a safe and environmentally sound manner. Directs the Secretary of Transportation to develop, and report to specified congressional committees on, a program for the scrapping of obsolete National Defense Reserve Fleet Vessels. Amends the National Maritime Heritage Act of 1994 to extend, through September 30, 2006, the authority of the Secretary to dispose of certain vessels in the National Defense Reserve Fleet. Requires that such vessels be disposed of in the most cost effective manner to the United States, taking into account the need for disposal, the environment, and safety concerns. Amends Federal law to authorize the expenditure of funds from the National Defense Sealift Fund for costs related to the scrapping of National Defense Reserve Fleet vessels. Names vessels in the National Defense Reserve Fleet that may be scrapped in the United States or a foreign country. (Sec. 5) Requires the Maritime Administration (in its annual report to Congress and its estimated annual budget) to state separately the amount, source, intended use, and nature of any funds (other than funds appropriated to the Administration or to the Secretary for use by the Administration) administered, or subject to oversight, by the Administration. (Sec. 6) Amends Federal maritime law to authorize the Secretary of Transportation to make a grant to a National Maritime Enhancement Institute for maritime and maritime intermodal research as if the Institute were a university transportation center. (Sec. 7) Directs the Secretary to study maritime research and technology development, and report the results, including any recommendations, to Congress. Authorizes appropriations. (Sec. 8) Authorizes the Secretary to convey all right, title, and U.S. interest in the U.S.S. GLACIER (formerly of the National Defense Reserve Fleet) to the Glacier Society, Inc., Bridgeport, Connecticut."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Free to Fly Act''. SEC. 2. DEFINITIONS. Section 40102(a) of title 49, United States Code, is amended-- (1) in paragraph (2) by striking ``citizen of the United States'' and inserting ``citizen of the United States, or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States,''; (2) in paragraph (15)(C)-- (A) by striking ``of which the president and at least two-thirds of the board of directors'' and inserting ``of which the president and at least 51 percent of the board of directors''; and (B) by striking ``at least 75 percent of the voting interest'' and inserting ``at least 51 percent of the voting interest''; (3) in paragraph (21) by striking ``not a citizen of the United States'' and inserting ``who is not organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''; and (4) in paragraph (26) by striking ``citizen of the United States'' and inserting ``citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''. SEC. 3. REQUIREMENT FOR CERTIFICATE. Section 41101(b) of title 49, United States Code, is amended-- (1) by striking ``citizen of the United States'' and inserting ``citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''; (2) in paragraph (1) by striking ``citizen'' and inserting ``citizen or other person''; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following: ``(c) Additional Requirements for Non-Citizens Operating Certain Routes.--In order for a person who is not a citizen of the United States and who is not a foreign air carrier to be issued and maintain a certificate for air transportation or intrastate air transportation, all employees and managing officers, other than the board of directors, must be citizens, nationals, or lawful permanent residents of the United States, and the person's headquarters and base of operations must be located in the United States.''. SEC. 4. ISSUANCE OF CERTIFICATES OF PUBLIC CONVENIENCE. Section 41102 of title 49, United States Code, is amended-- (1) by striking the subsection heading in subsection (a) and inserting ``Issuance to a Citizen''; (2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (3) by inserting after subsection (a) the following: ``(b) Issuance to Other Persons.--The Secretary of Transportation may issue a certificate of public convenience and necessity to a person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which more than 49 percent of the board of directors are not citizens of the United States, which is not under the actual control of citizens of the United States, or in which more than 49 percent of the voting interest is owned or controlled by persons that are not citizens of the United States, to provide any part of the following air transportation the person has applied for under section 41108 of this title: ``(1) Air transportation as an air carrier. ``(2) Temporary air transportation as an air carrier for a limited period. ``(3) Charter air transportation as a charter air carrier.''; (4) in subsection (c), as redesignated-- (A) by striking ``under subsection (a)'' each place it appears and inserting ``under subsection (a) or subsection (b)'' in each such place; and (B) by striking ``citizen'' and inserting ``citizen or other person''; and (5) by striking subsection (e), as redesignated, and inserting the following: ``(e) Presidential Review of Certain Certificates.--The Secretary shall submit each decision to the President under section 41307 of this title authorizing-- ``(1) the provision of foreign air transportation; or ``(2) the provision of interstate air transportation or intrastate air transportation by a person who is not a citizen of the United States.''. SEC. 5. CIVIL RESERVE AIR FLEET ELIGIBILITY. Section 41106 of title 49, United States Code, is amended by striking subsection (d) and inserting the following: ``(d) Exception.--The Secretary of Defense may contract with an air carrier that does not meet all requirements if-- ``(1) the Secretary decides that no air carrier holding a certificate under section 41102 is capable of providing, and willing to provide, the airlift services; or ``(2) the Secretary decides to grant a waiver under section 9518 of title 10, United States Code, for a person who is not a citizen of the United States and who is organized under the laws of the United States that has a certificate of public convenience and necessity, from the Civil Reserve Air Fleet citizenship requirements for the purposes of eligibility and participation.''. SEC. 6. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE. Section 41108 of title 49, United States Code, is amended-- (1) in subsection (a) by striking ``citizen of the United States'' and inserting ``citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''; (2) in subsections (b) and (c) by striking ``citizen'' each place it appears and inserting ``citizen or other person''; (3) in subsection (b)(3)(A) by striking ``interstate air transportation'' and inserting ``interstate air transportation provided by a citizen''; and (4) in subsection (b)(3)(B) by striking ``foreign air transportation'' and inserting ``interstate air transportation or intrastate air transportation by a person who is not a citizen of the United States, or foreign air transportation,''. SEC. 7. POTENTIAL REVOCATION OF CERTIFICATE. Section 41110(a)(2)(B) of title 49, United States Code, is amended by striking ``sections 41308-41310(a)'' and inserting ``sections 41101(c), 41308-41310(a)''. SEC. 8. LIABILITY INSURANCE AND FINANCIAL RESPONSIBILITY. Section 41112(a) of title 49, United States Code, is amended-- (1) by striking ``citizen of the United States'' and inserting ``citizen of the United States, or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''; and (2) by striking ``citizen'' the second place it appears and inserting ``citizen or other person''. SEC. 9. PRESIDENTIAL REVIEW OF FOREIGN AIR CARRIERS AND OTHER NON- CITIZENS. Section 41307 of title 49, United States Code, is amended-- (1) by striking the section heading and inserting ``Presidential review of actions about foreign air transportation and air transportation provided by non- citizens''; and (2) by striking ``to provide foreign air transportation'' and inserting ``to provide foreign air transportation, or for a person who is not a citizen of the United States to provide air transportation or intrastate air transportation''. SEC. 10. JOINT PRICING. Section 41503 of title 49, United States Code, is amended by striking ``citizen of the United States'' and inserting ``a citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''. SEC. 11. NAVIGATION OF FOREIGN CIVIL AIRCRAFT. Section 41703(a) of title 49, United States Code, is amended-- (1) in paragraph (4) by striking the period and inserting ``; or''; and (2) by adding at the end the following: ``(5) if specifically authorized under sections 41102 and 41108, and if the airman holds a certificate issued or made valid by the Government.''. SEC. 12. WAIVERS FOR NON-CITIZEN AIR CARRIER PARTICIPATION IN THE CIVIL RESERVE AIR FLEET. (a) In General.--Chapter 931 of title 10, United States Code, is amended by adding at the end the following: ``Sec. 9518. Non-citizen air carriers: waiver authority ``(a) Waiver Authority.--In the case of any air carrier described in subsection (b) or any aircraft owned by an air carrier described in subsection (b), the Secretary of Defense may waive any citizenship requirement under this chapter. Any such waiver-- ``(1) shall be for a period not to exceed two years; ``(2) may be revoked at any time by the Secretary; and ``(3) may be renewed for an additional two-year period for an unlimited number of times. ``(b) Air Carrier Described.--An air carrier described in this section is an air carrier-- ``(1) owned by a person who is not a citizen of the United States and who is organized under the laws of the United States or a State, territory, or the District of Columbia; and ``(2) that holds a certificate of public convenience and necessity under section 41102 of title 49.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``9518. Non-citizen air carriers: waiver authority.''.", "summary": "Free to Fly Act The bill modifies definitions relating to aviation to permit a foreign air carrier to own U.S. domestic air routes. The foreign carrier may establish U.S.-based subsidiaries for such purpose. All foreign-owed air carriers that obtain a certificate to fly domestic routes may only hire U.S. citizens or nationals, or permanent legal residents. The Department of Transportation (DOT) may issue a certificate of public convenience and necessity to a foreign air carrier with a board of directors that is comprised of more than 49% non-U.S. citizens. The bill expands the scope of the President's review of DOT actions involving foreign air carriers. The Department of Defense may waive citizenship requirements for certain foreign air carriers participating in the civil reserve air fleet."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Criminal Penalty Enhancement and Reform Act of 2003''. TITLE I--ANTITRUST ENFORCEMENT ENHANCEMENTS AND COOPERATION INCENTIVES SEC. 101. SUNSET. (a) In General.--Except as provided in subsection (b), the provisions of sections 101 through 104 shall cease to have effect 5 years after the date of enactment of this Act. (b) Exception.--With respect to an applicant who has entered into an antitrust leniency agreement on or before the date on which the provisions of sections 101 through 104 of this title shall cease to have effect, the provisions of sections 101 through 104 of this title shall continue in effect. SEC. 102. DEFINITIONS. In this title: (1) Antitrust division.--The term ``Antitrust Division'' means the United States Department of Justice Antitrust Division. (2) Antitrust leniency agreement.--The term ``antitrust leniency agreement,'' or ``agreement,'' means a leniency letter agreement, whether conditional or final, between a person and the Antitrust Division pursuant to the Corporate Leniency Policy of the Antitrust Division in effect on the date of execution of the agreement. (3) Antitrust leniency applicant.--The term ``antitrust leniency applicant,'' or ``applicant,'' means, with respect to an antitrust leniency agreement, the person that has entered into the agreement. (4) Claimant.--The term ``claimant'' means a person or class, that has brought, or on whose behalf has been brought, a civil action described in section 104(1), except that the term does not include a State or a subdivision of a State with respect to a civil action brought to recover damages sustained by the State or subdivision. (5) Cooperating individual.--The term ``cooperating individual'' means, with respect to an antitrust leniency agreement, a current or former director, officer, or employee of the antitrust leniency applicant who is covered by the agreement. (6) Person.--The term ``person'' has the meaning given it in subsection (a) of the first section of the Clayton Act. SEC. 103. LIMITATION ON RECOVERY. (a) In General.--Subject to subsection (d), in any civil action alleging a violation of section 1 or 3 of the Sherman Act, or alleging a violation of any similar State law, based on conduct covered by a currently effective antitrust leniency agreement, the amount of damages recovered by or on behalf of a claimant from an antitrust leniency applicant who satisfies the requirements of subsection (b), together with the amounts so recovered from cooperating individuals who satisfy such requirements, shall not exceed that portion of the actual damages sustained by such claimant which is attributable to the commerce done by the applicant in the goods or services affected by the violation. (b) Requirements.--Subject to subsection (c), an antitrust leniency applicant or cooperating individual satisfies the requirements of this subsection with respect to a civil action described in subsection (a) if the court in which the civil action is brought determines that the applicant or cooperating individual, as the case may be, has provided satisfactory cooperation to the claimant with respect to the civil action, which cooperation shall include-- (1) providing a full account to the claimant of all facts known to the applicant or cooperating individual, as the case may be, that are potentially relevant to the civil action; (2) furnishing all documents or other items potentially relevant to the civil action that are in the possession, custody, or control of the applicant or cooperating individual, as the case may be, wherever they are located; and (3)(A) in the case of a cooperating individual-- (i) making himself or herself available for such interviews, depositions, or testimony in connection with the civil action as the claimant may reasonably require; and (ii) responding completely and truthfully, without making any attempt either falsely to protect or falsely to implicate any person or entity, and without intentionally withholding any potentially relevant information, to all questions asked by the claimant in interviews, depositions, trials, or any other court proceedings in connection with the civil action; or (B) in the case of an antitrust leniency applicant, using its best efforts to secure and facilitate from cooperating individuals covered by the agreement the cooperation described in paragraphs (1) and (2) and subparagraph (A). (c) Timelines.--If the initial contact by the antitrust leniency applicant with the Antitrust Division regarding conduct covered by the antitrust leniency agreement occurs after a civil action described in subsection (a) has been filed, then the court shall consider, in making the determination concerning satisfactory cooperation described in subsection (b), the timeliness of the applicant's initial cooperation with the claimant. (d) Continuation.--Nothing in this section shall be construed to modify, impair, or supersede the provisions of sections 4, 4A, and 4C of the Clayton Act relating to the recovery of costs of suit, including a reasonable attorney's fee, and interest on damages, to the extent that such recovery is authorized by such sections. SEC. 104. RIGHTS AND AUTHORITY OF ANTITRUST DIVISION NOT AFFECTED. Nothing in this title shall be construed to-- (1) affect the rights of the Antitrust Division to seek a stay or protective order in a civil action based on conduct covered by an antitrust leniency agreement to prevent the cooperation described in section 103(b) from impairing or impeding the investigation or prosecution by the Antitrust Division of conduct covered by the agreement; or (2) create any right to challenge any decision by the Antitrust Division with respect to an antitrust leniency agreement. SEC. 105. INCREASED PENALTIES FOR ANTITRUST VIOLATIONS. (a) Restraint of Trade Among the States.--Section 1 of the Sherman Act (15 U.S.C. 1) is amended by-- (1) striking ``$10,000,000'' and inserting ``$100,000,000''; (2) striking ``$350,000'' and inserting ``$1,000,000''; and (3) striking ``three'' and inserting ``10''. (b) Monopolizing Trade.--Section 2 of the Sherman Act (15 U.S.C. 2) is amended by-- (1) striking ``$10,000,000'' and inserting ``$100,000,000''; (2) striking ``$350,000'' and inserting ``$1,000,000''; and (3) striking ``three'' and inserting ``10''. (c) Other Restraints of Trade.--Section 3 of the Sherman Act (15 U.S.C. 3) is amended by-- (1) striking ``$10,000,000'' and inserting ``$100,000,000''; (2) striking ``$350,000'' and inserting ``$1,000,000''; and (3) striking ``three'' and inserting ``10''. (d) Sentencing Guideline for Antitrust Offenses.--The Guidelines Manual promulgated by the Sentencing Commission pursuant to section 994(a) of title 28, United States Code, is amended as follows: (1) Section 2R1.1(a) is amended by striking ``10'' and inserting ``14''. (2) The volume of commerce table in section 2R1.1(b)(2) is amended to read as follows: ``(2) If the volume of commerce attributable to the defendant was more than $5,000,000, adjust the offense level as follows: ``Volume of Adjustment to Commerce (Apply the Greatest): Offense Level: More than $5,000,000.......................... add 1 More than $10,000,000......................... add 2 More than $20,000,000......................... add 4 More than $40,000,000......................... add 6 More than $80,000,000......................... add 8 More than $160,000,000........................ add 10 More than $320,000,000........................ add 12 More than $640,000,000........................ add 14 More than $1,000,000,000...................... add 16.''. (3) Section 2R1.1(c)(1) is amended by striking ``$20,000'' and inserting ``$50,000''. TITLE II--TUNNEY ACT REFORM SEC. 201. PUBLIC INTEREST DETERMINATION. Section 5 of the Clayton Act (15 U.S.C. 16) is amended-- (1) in subsection (d), by inserting at the end the following: ``Upon application by the United States, the district court may, for good cause (based on a finding that the expense of publication in the Federal Register exceeds the public interest benefits to be gained from such publication), authorize an alternative method of public dissemination of the public comments received and the response to those comments.''; and (2) in subsection (e)-- (A) in the matter before paragraph (1), by-- (i) inserting ``independently'' after ``shall''; (ii) striking ``court may'' and inserting ``court shall''; and (iii) inserting ``(1)'' before ``Before''; and (B) striking paragraphs (1) and (2) and inserting the following: ``(A) the competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration of relief sought, anticipated effects of alternative remedies actually considered, whether its terms are ambiguous and any other competitive considerations bearing upon the adequacy of such judgment necessary to a determination of whether the consent judgment is in the public interest; and ``(B) the impact of entry of such judgment upon competition in the relevant market or markets, upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial. ``(2) The Court shall not enter any consent judgment proposed by the United States under this section unless it finds that there is reasonable belief, based on substantial evidence and reasoned analysis, to support the United States' conclusion that the consent judgment is in the public interest. In making its determination as to whether entry of the consent judgment is in the public interest, the Court shall not be limited to examining only the factors set forth in this subsection, but may consider any other factor relevant to the competitive impact of the judgment.''.", "summary": "Antitrust Criminal Penalty Enhancement and Reform Act of 2003 - Provides that in a civil action alleging a violation of the Sherman Act or of any similar State law based on conduct covered by an antitrust leniency agreement, the amount of damages recovered by a claimant from an applicant and cooperating individuals who satisfy this Act's requirements shall not exceed that portion of the actual damages sustained by the claimant that is attributable to the commerce done by the applicant in the goods or services affected by the violation (thus shielding organizations that cooperate with the Government from liability for treble damages). Provides that an applicant or cooperating individual satisfies this Act's requirements if the court determines that such applicant or individual has provided satisfactory cooperation to the claimant, including: (1) providing a full account of all facts known that are potentially relevant to the civil action; and (2) furnishing all potentially relevant items that are in the applicant's or cooperating individual's possession or control. Amends: (1) the Sherman Act to increase maximum prison sentences (from three years to ten years) and raise the maximum fine for individuals (from $350,000 to $1 million) for restraint of trade among the States, monopolizing trade, and other restraints of trade; and (2) the Antitrust Procedures and Penalties Act (Tunney Act) to require (current law allows) the court to consider specified factors, including the competitive impact of a judgment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Claims Backlog Reduction Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) There are over 25,000,000 honorably discharged veterans of the Armed Forces of the United States. (2) There are over 500,000 veterans who have claims pending with the Department of Veterans Affairs for veterans' benefits, and approximately 100,000 of such claims are over one year old without resolution. (3) The Nation's veterans are dying at a rate of over 1,000 veterans a day. (4) It is the responsibility of the United States Government to live up to the promises to the Nation's veterans that were made and accepted. (5) The National Association of County Veterans Service Officers is an organization that includes approximately 2,400 full-time employees and whose members are present in 37 States. (6) Members of the National Association of County Veterans Service Officers stand ready to partner with the Department of Veterans Affairs in order to eliminate the backlog of claims for veterans' benefits. SEC. 3. DEFINITIONS. In this Act: (1) The term ``claimant'' means an individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary of Veterans Affairs. (2) The term ``County Veterans Service Officer'' means any person employed by or funded by any county, parish, borough, or territory whose job it is to assist veterans and eligible dependents in the application for, administration of, or receipt of benefits under any Federal, State, or County veterans' benefit program. (3) The term ``injury or illness claim'' means a claim for benefits that is documented as being service-connected. (4) The term ``presumptive claim'' means a claim for benefits that is presumptively connected to a specific tour of duty or to specific types of military assignment. (5) The term ``statutory claims'' means those claims for benefits defined in section 5101 of title 38, United States Code. (6) The term ``specific claims'' includes statutory claims, presumptive claims, and injury or illness claims. (7) The term ``ready to be rated'' means that there is sufficient information to evaluate the claimed disability and to assign a rating based on degree of disability. (8) The term ``State'' has the meaning given that term in section 101(20) of title 38, United States Code. SEC. 4. REDUCTION OF BACKLOG OF VETERANS' CLAIMS. (a) Referral of Claims to County Veterans Service Officers.-- (1) The Secretary of Veterans Affairs shall identify the backlog of veterans' claims as of the date of the enactment of this Act and shall categorize those claims into types of specific claims. As part of such categorization, the Secretary shall identify the pending claims that require development. The Secretary shall refer those claims requiring development to a County Veterans Service Office for development. (2) The Secretary shall choose a County Veterans Service Office for development of a claim based upon the office's geographical proximity to the claimant. (3) A claim referred to a County Veterans Service Office for development shall be accompanied by specification from the Secretary of the information that is required to develop the claim and the information that is needed to make the claim ready to rate. (b) Filing of Claims With County Veterans Service Officers.--Claims for benefits under laws administered by the Secretary of Veterans Affairs may be submitted to County Veterans Service Officers. Receipt of such a claim by a County Veterans Service Officer under this Act shall be treated for all purposes as receipt of the claim by the Secretary of Veterans Affairs. SEC. 5. DEVELOPMENT OF CLAIMS. (a) Development of Claims by County Veterans Service Officer.--When a County Veterans Service Officer receives a claim referred under section 4(a) or receives a claim under section 4(b), that officer shall make personal contact with the claimant, explain the situation, and develop the claim. (b) Authority to Fully Develop Claim.--A County Veterans Service Officer to whom a claim is referred under section 4(a) or receives a claim under section 4(b) shall have the authority to fully develop the claim and to transmit the claim to the Secretary of Veterans Affairs when the claim is ready to be rated. (c) Procedure.--Once the claim has been fully developed, the claim shall be transmitted back to the Secretary with the information developed in accordance with the specification under section 3(a)(3) and a statement from the County Veterans Service Officer indicating that the claim is ready to rate. (d) Fully Developed Claims.--For purposes of this section, a claim shall be considered to be fully developed when the County Veterans Service Officer has obtained all items that that officer determines are necessary to substantiate the claim and all items that the Secretary of Veterans Affairs has specifically specified to be developed in connection with the claim. SEC. 6. INFORMATION SHARING. Veterans' information contained in the Benefits Delivery Network of the Department of Veterans Affairs shall be accessible to County Veterans Service Offices in order to provide County Veterans Service Offices with online access to client information contained in the Department of Veterans Affairs database. Such information shall be used by such offices to develop veterans' claims under this Act and for no other purpose. SEC. 7. ALLOCATION OF FUNDS. (a) In General.--Funding for purposes of this Act shall be allocated by grant to the States based on the population of veterans in the respective States. Funds allocated to a State under this Act shall be directed to County Veterans Service Offices within the State through the State Department of Veterans Affairs (or the equivalent). (b) State Overhead.--A State Department of Veterans Affairs may retain from any such grant for any fiscal year an amount equal to the expenses incurred by that State for administrative overhead in administering grants for that year, except that the amount so retained in any fiscal year may not exceed 3 percent of the amount of the grant to that State for that fiscal year. (c) Funds for Education and Training.--A portion of the funding received by a State under this Act for any fiscal year, as determined by the Secretary of Veterans Affairs in agreement with County Veterans Service Offices, shall be used for County Veterans Service Officers to attend educational programs sponsored by or equivalent to the National Association of County Veterans Service Officers annual continuing education and accreditation training. (d) Limitation on Federal Funding.--Federal funds under this Act may not be used to provide more than 50 percent of the total costs for County Veterans Service Offices and shall be used to expand existing programs, not to supplant existing local government funding. (e) Establishment of New Cvso Programs.--(1) In the case of a State that as of the date of the enactment of this Act does not have a County Veterans Service Officer program, Federal funding under this Act may be used by units of local government to establish such a program to assist veterans and their dependents in filing applications for veterans benefits and for the purposes specified in this Act. (2) In a State covered by paragraph (1), if a unit of local government chooses not to establish a County Veterans Service Officers program as described in that paragraph, the State department of veterans affairs (or the equivalent) may elect to perform the services as specified in this Act for that State. (3) In a State covered by paragraph (1), if both units of local government and the State government elect not to use some or all of the funds, the unused amount shall revert back to the Secretary of Veterans Affairs and shall be reallocated to those State department of veterans affairs (or the equivalent) in which County Veterans Service Officers programs exist to further expand services to veterans in those States in support of the veterans claims backlog reduction services under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Veterans Affairs to carry out this Act $70,000,000 for each of fiscal years 2003, 2004, and 2005.", "summary": "Department of Veterans Affairs Claims Backlog Reduction Act of 2002 - Directs the Secretary of Veterans Affairs to: (1) identify the current backlog of veterans' claims for benefits through the Department of Veterans Affairs and to categorize those claims; and (2) identify claims that need further development and refer them to a geographically appropriate County Veterans Service Office. Allows veterans' claims to be submitted to County Veterans Service Officers (in lieu of the Department) and authorizes the Officers to fully develop such claims. Requires appropriate information sharing between the Department's Benefits Delivery Network and the Offices.Requires funding provided by this Act to be allocated to States based on their respective populations of veterans and allocates such funds to the appropriate Office. Prohibits Federal funding from exceeding 50 percent of the costs of Office operations. Allows funding to be used to establish Officer programs in States that do not have one."}
{"article": "TITLE I--NICODEMUS NATIONAL HISTORIC SITE SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the town of Nicodemus, in Kansas, has national significance as the only remaining western town established by African-Americans during the Reconstruction period following the Civil War; (2) the town of Nicodemus is symbolic of the pioneer spirit of African-Americans who dared to leave the only region they had been familiar with to seek personal freedom and the opportunity to develop their talents and capabilities; and (3) the town of Nicodemus continues to be a viable African- American community. (b) Purposes.--The purposes of this title are-- (1) to preserve, protect, and interpret for the benefit and enjoyment of present and future generations, the remaining structures and locations that represent the history (including the settlement and growth) of the town of Nicodemus, Kansas; and (2) to interpret the historical role of the town of Nicodemus in the Reconstruction period in the context of the experience of westward expansion in the United States. SEC. 102. DEFINITIONS. In this title: (1) Historic site.--The term ``historic site'' means the Nicodemus National Historic Site established by section 103. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 103. ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE. (a) Establishment.--There is established the Nicodemus National Historic Site in Nicodemus, Kansas. (b) Description.-- (1) In general.--The historic site shall consist of the First Baptist Church, the St. Francis Hotel, the Nicodemus School District Number 1, the African Methodist Episcopal Church, and the Township Hall located within the approximately 161.35 acres designated as the Nicodemus National Landmark in the Township of Nicodemus, Graham County, Kansas, as registered on the National Register of Historic Places pursuant to section 101 of the National Historic Preservation Act (16 U.S.C. 470a), and depicted on a map entitled ``Nicodemus National Historic Site'', numbered 80,000 and dated August 1994. (2) Map and boundary description.--The map referred to in paragraph (1) and an accompanying boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service and any other office of the National Park Service that the Secretary determines to be an appropriate location for filing the map and boundary description. SEC. 104. ADMINISTRATION OF THE HISTORIC SITE. (a) In General.--The Secretary shall administer the historic site in accordance with-- (1) this title; and (2) the provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et seq.). (b) Cooperative Agreements.--To further the purposes specified in section 101(b), the Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution. (c) Technical and Preservation Assistance.-- (1) In general.--The Secretary may provide to any eligible person described in paragraph (2) technical assistance for the preservation of historic structures of, the maintenance of the cultural landscape of, and local preservation planning for, the historic site. (2) Eligible persons.--The eligible persons described in this paragraph are-- (A) an owner of real property within the boundary of the historic site, as described in section 103(b); and (B) any interested individual, agency, organization, or institution that has entered into an agreement with the Secretary pursuant to subsection (b). SEC. 105. ACQUISITION OF REAL PROPERTY. (a) In General.--Subject to subsection (b), the Secretary is authorized to acquire by donation, exchange, or purchase with funds made available by donation or appropriation, such lands or interests in lands as may be necessary to allow for the interpretation, preservation, or restoration of the First Baptist Church, the St. Francis Hotel, the Nicodemus School District Number 1, the African Methodist Episcopal Church, or the Township Hall, as described in section 103(b)(1), or any combination thereof. (b) Limitations.-- (1) Acquisition of property owned by the state of kansas.-- Real property that is owned by the State of Kansas or a political subdivision of the State of Kansas that is acquired pursuant to subsection (a) may only be acquired by donation. (2) Consent of owner required.--No real property may be acquired under this section without the consent of the owner of the real property. SEC. 106. GENERAL MANAGEMENT PLAN. (a) In General.--Not later than the last day of the third full fiscal year beginning after the date of enactment of this Act, the Secretary shall, in consultation with the officials described in subsection (b), prepare a general management plan for the historic site. (b) Consultation.--In preparing the general management plan, the Secretary shall consult with an appropriate official of each of the following: (1) The Nicodemus Historical Society. (2) The Kansas Historical Society. (3) Appropriate political subdivisions of the State of Kansas that have jurisdiction over all or a portion of the historic site. (c) Submission of Plan to Congress.--Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Resources of the House of Representatives. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Interior such sums as are necessary to carry out this title. TITLE II--NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT SEC. 201. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the New Bedford National Historic Landmark District and associated historic sites as described in section 203(b) of this title, including the Schooner Ernestina, are National Historic Landmarks and are listed on the National Register of Historic Places as historic sites associated with the history of whaling in the United States; (2) the city of New Bedford was the 19th century capital of the world's whaling industry and retains significant architectural features, archival materials, and museum collections illustrative of this period; (3) New Bedford's historic resources provide unique opportunities for illustrating and interpreting the whaling industry's contribution to the economic, social, and environmental history of the United States and provide opportunities for public use and enjoyment; and (4) the National Park System presently contains no sites commemorating whaling and its contribution to American history. (b) Purposes.--The purposes of this title are-- (1) to help preserve, protect, and interpret the resources within the areas described in section 203(b) of this title, including architecture, setting, and associated archival and museum collections; (2) to collaborate with the city of New Bedford and with local historical, cultural, and preservation organizations to further the purposes of the park established under this title; and (3) to provide opportunities for the inspirational benefit and education of the American people. SEC. 202. DEFINITIONS. For the purposes of this title: (1) The term ``park'' means the New Bedford Whaling National Historical Park established by section 203. (2) The term ``Secretary'' means the Secretary of the Interior. SEC. 203. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain districts structures, and relics located in New Bedford, Massachusetts, and associated with the history of whaling and related social and economic themes in America, there is established the New Bedford Whaling National Historical Park. (b) Boundaries.--(1) The boundaries of the park shall be those generally depicted on the map numbered NAR-P49-80000-4 and dated June 1994. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. In case of any conflict between the descriptions set forth in subparagraphs (A) through (D) and such map, such map shall govern. The park shall include the following: (A) The area included within the New Bedford National Historic Landmark District, known as the Bedford Landing Waterfront Historic District, as listed within the National Register of Historic Places and in the Massachusetts State Register of Historic Places. (B) The National Historic Landmark Schooner Ernestina, with its home port in New Bedford. (C) The land along the eastern boundary of the New Bedford National Historic Landmark District over to the east side of MacArthur Drive from the Route 6 overpass on the north to an extension of School Street on the south. (D) The land north of Elm Street in New Bedford, bounded by Acushnet Avenue on the west, Route 6 (ramps) on the north, MacArthur Drive on the east, and Elm Street on the south. (2) In addition to the sites, areas and relics referred to in paragraph (1) , the Secretary may assist in the interpretation and preservation of each of the following: (A) The southwest corner of the State Pier. (B) Waterfront Park, immediately south of land adjacent to the State Pier. (C) The Rotch-Jones-Duff House and Garden Museum, located at 396 County Street. (D) The Wharfinger Building, located on Piers 3 and 4. (E) The Bourne Counting House, located on Merrill's Wharf. SEC. 204. ADMINISTRATION OF PARK. (a) In General.--The park shall be administered by the Secretary in accordance with this title and the provisions of law generally applicable to units of the national park system, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461- 467). (b) Cooperative Agreements.--(1) The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park. (2) Any payment made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this title, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (c) Non-Federal Matching Requirements.--(1) Funds authorized to be appropriated to the Secretary for the purposes of-- (A) cooperative agreements under subsection (b) shall be expended in the ratio of one dollar of Federal funds for each four dollars of funds contributed by non-Federal sources; and (B) construction, restoration, and rehabilitation of visitor and interpretive facilities (other than annual operation and maintenance costs) shall be expended in the ratio of one dollar of Federal funds for each one dollar of funds contributed by non-Federal sources. (2) For the purposes of this subsection, the Secretary is authorized to accept from non-Federal sources, and to utilize for purposes of this title, any money so contributed. With the approval of the Secretary, any donation of property, services, or goods from a non- Federal source may be considered as a contribution of funds from a non- Federal source for the purposes of this subsection. (d) Acquisition of Real Property.--For the purposes of the park, the Secretary may acquire only by donation lands, interests in lands, and improvements thereon within the park. (e) Other Property, Funds, and Services.--The Secretary may accept donated funds, property, and services to carry out this title. SEC. 205. GENERAL MANAGEMENT PLAN. Not later than the end of the second fiscal year beginning after the date of enactment of this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a general management plan for the park and shall implement such plan as soon as practically possible. The plan shall be prepared in accordance with section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)) and other applicable law. SEC. 206. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Except as provided in subsection (b), there are authorized to be appropriated such sums as may be necessary to carry out annual operations and maintenance with respect to the park. (b) Exceptions.--In carrying out this title-- (1) not more than $2,000,000 may be appropriated for construction, restoration, and rehabilitation of visitor and interpretive facilities, and directional and visitor orientation signage; (2) none of the funds authorized to be appropriated by this title may be used for the operation or maintenance of the Schooner Ernestina; and (3) not more than $50,000 annually of Federal funds may be used for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under section 204(b). Passed the Senate May 2, 1996. Attest: KELLY D. JOHNSTON, Secretary.", "summary": "TABLE OF CONTENTS: Title I: Nicodemus National Historic Site Title II: New Bedford National Historic Landmark District Title I: Nicodemus National Historic Site - Establishes the Nicodemus National Historic Site in Nicodemus, Kansas. Authorizes the Secretary of the Interior to: (1) provide technical assistance for the preservation of historic structures, the maintenance of the cultural landscape, and local preservation planning; and (2) acquire certain real property in connection with the Site. Directs the Secretary to prepare and submit to specified congressional committees a general management plan for the Site. Authorizes appropriations. Title II: New Bedford National Historic Landmark District - Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, to be administered as a unit of the national park system. Requires expenditures to consist of: (1) one dollar of Federal funds for each four dollars of non-Federal funds for cooperative agreements entered into under this Act for preservation, development, interpretation, and use of the Park; and (2) non-Federal funds matching Federal funds for visitor and interpretive facilities (other than operation and maintenance costs). Requires the Secretary of the Interior to submit to specified congressional committees and to implement a general management plan for the Park. Authorizes appropriations. Limits the amount that may be appropriated for visitor and interpretive facilities and directional and visitor orientation signage. Prohibits the use of appropriations authorized under this Act for operation or maintenance of the Schooner Ernestina and limits the amount of Federal funds that may be used annually for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Crossroads of the American Revolution National Heritage Area Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) New Jersey was of critical importance during the American Revolution due to its strategic location between the British armies headquartered in New York City and the Continental Congress sitting in the City of Philadelphia. (2) General George Washington spent almost half of the period of the American Revolution personally commanding troops of the Continental Army in New Jersey including 2 severe winter encampments at what is now Morristown National Historical Park, a unit of the National Park System. (3) It was during the 10 crucial days of the American Revolution between December 25, 1776, and January 3, 1777, when General Washington, after retreating across New Jersey from New York City to Pennsylvania in the face of total defeat for the Nation``s cause, recrossed the Delaware River on Christmas night, 1776, and won crucial battles at Trenton and Princeton. Thomas Paine, who accompanied the troops during the retreat, described the events as, `the times that try men's souls''. (4) There are situated in the State of New Jersey the sites of 296 engagements including several important battles of the American Revolution, which collectively are of significant importance to the outcome of the overall conflict and the history of the United States. Among these are National Historic Landmarks including Washington's Crossing, the Old Trenton Barracks, and Princeton, Monmouth and Red Bank Battlefields. (5) Additional national Historic Landmarks include the homes of Richard Stockton, Joseph Hewes, John Witherspoon, and Francis Hopkinson, all signers of the Declaration of Independence, Elias Boudinout, President of the Continental Congress and William Livingston, patriot and Governor of New Jersey from 1776 to 1790. (6) Portions of the landscapes important to the strategies of both armies including waterways, mountains, farms, wetlands, villages and roadways retain integrity of the period of the American Revolution and offer outstanding opportunities for conservation, education, and recreation. (7) The National Register of Historic Places lists 251 buildings and sites in the National Park Service study area for Crossroads of the American Revolution associated with the period of the American Revolution. (8) Civilian populations residing in New Jersey suffered extreme hardships during the American Revolution due to the continuous conflict within its borders, foraging armies, and marauding contingents of loyalist Tories and rebel sympathizers. (9) Because of the important role that New Jersey played in the successful outcome of the American Revolution there is a Federal interest for the development of a regional framework to assist the State of New Jersey, other local organizations and governments, and private citizens to preserve and protect natural, cultural, and historic resources of the period and to bring recognition to this important heritage for the educational and recreational benefit of this and future generations of Americans. (10) The National Park Service has conducted a National Heritage Feasibility Study in the State of New Jersey that demonstrates the sufficient assemblage of nationally distinctive natural, cultural, and historic resources necessary to establish the Crossroads of the American Revolution National Heritage Area. (b) Purposes.--The purposes of this Act are as follows: (1) To build the capacity of communities, organizations, and citizens in New Jersey to preserve the special historic identity of the region and its importance to the Nation. (2) To foster a close working relationship with all levels of government, the private sector, and the local communities in New Jersey. (3) To provide for the management, preservation, protection, and interpretation of the natural, historic, and cultural resources of the region for the educational and inspirational benefit of future generations. (4) To strengthen the value of Morristown National Historical Park as an asset to the region by establishing a network of related historic resources, protected landscapes, educational opportunities, and events depicting the revolutionary landscape of New Jersey. (5) To strengthen partnerships among Morristown National Historical Park and other public and privately owned resources in the heritage area, that together represent the strategic fulcrum of the American Revolution, as assets in the quality of life in the region. (6) To authorize Federal financial and technical assistance to serve these purposes. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Association.--The term ``Association'' means the Crossroads of the American Revolution Association, Inc., a nonprofit corporation in the State of New Jersey. (2) Boundaries.--The term ``boundaries'' means the boundaries of the heritage area specified in section 4. (3) Heritage area.--The term ``heritage area'' means the Crossroads of the American Revolution National Heritage Area as established in section 4. (4) Management plan.--The term ``management plan'' means the management plan submitted under section 5. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State of New Jersey the Crossroads of the American Revolution National Heritage Area. (b) Boundaries.--The boundaries of the heritage area shall include all those lands and waters depicted on a map entitled ``Crossroads of the American Revolution National Heritage Area'', numbered CRREL80,000 and dated April 2002. The map shall be on file in the appropriate offices of the National Park Service. (c) Management Entity.--The management entity for the heritage area shall be the Association. SEC. 5. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE ASSOCIATION. (a) Duties of the Association.--To further the purposes of the heritage area, the Association shall-- (1) prepare and submit a management plan for the heritage area to the Secretary in accordance with section 6; (2) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values within the heritage area; (B) establishing and maintaining interpretive exhibits and programs within the heritage area; (C) developing recreational and educational opportunities in the heritage area; (D) increasing public awareness of and appreciation for natural, historic, and cultural resources of the heritage area; (E) protecting and restoring historic sites and buildings in the heritage area that are consistent with heritage area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the heritage area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the heritage area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the heritage area in the preparation and implementation of the management plan; (4) conduct Association meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5) submit an annual report to the Secretary for any fiscal year in which the Association receives Federal funds under this Act, setting forth its accomplishments, expenses, and income, including grants to any other entities during the year for which the report is made; (6) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for such audit all records and other information pertaining to the expenditure of such funds; (7) encourage by appropriate means economic viability that is consistent with the purposes of the heritage area; and (8) maintain its headquarters at Morristown National Historical Park and in Mercer County. (b) Authorities.--The Association may, for the purposes of preparing and implementing the management plan for the heritage area, use Federal funds made available through this Act to__ (1) make grants to the State of New Jersey, its political subdivisions, nonprofit organizations and other persons; (2) enter into cooperative agreements with or provide technical assistance to the State of New Jersey, its political jurisdictions, nonprofit organizations, and other interested parties; (3) hire and compensate staff which shall include individuals with expertise in natural, cultural, historic resources protection, and heritage programming; (4) obtain money or services from any source, including any that are provided under any other Federal law or program; (5) contract for goods or services; and (6) undertake to be a catalyst for any other activity that furthers the purposes of the heritage area and is consistent with the approved management plan. (c) Prohibitions on the Acquisition of Real Property.--The Association may not use Federal funds received under this Act to acquire real property, but may use any other source of funding, including other Federal funding, intended for the acquisition of real property. SEC. 6. MANAGEMENT PLAN. (a) In General.--The management plan for the heritage area shall-- (1) include comprehensive polices, strategies and recommendations for conservation, funding, management, and development of the heritage area; (2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation; (3) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historic, and cultural resources of the heritage area; (4) specify the existing and potential sources of funding to protect, manage, and develop the heritage area in the first 5 years of implementation; (5) include an inventory of the natural, historical, cultural, educational, scenic and recreational resources of the heritage area related to the themes of the heritage area that should be preserved, restored, managed, developed, or maintained; (6) recommend policies and strategies for resource management which consider and detail the application of appropriate land and water management techniques including, but not limited to, the development of intergovernmental and interagency cooperative agreements to protect the heritage area's natural, historical, cultural, educational, scenic and recreational resources; (7) describe a program of implementation for the management plan including plans for resource protection, restoration, construction, and specific commitments for implementation that have been made by the Association or any government, organization, or individual for the first 5 years of implementation; (8) include an analysis and recommendations for ways in which local, State, and Federal programs, including the role of the National Park Service in the heritage area, may best be coordinated to further the purposes of this Act; and (9) include an interpretive plan for the heritage area. (b) Deadline and Termination of Funding.-- (1) Deadline.--The Association shall submit the management plan to the Secretary for approval within 3 years after funds are made available for this Act. (2) Termination of funding.--Upon completion of the 3-year period in this subsection, further funding pursuant to this Act shall only be made available to the Association for the implementation of the management plan upon approval by the Secretary as provided in Section 7 of this Act. SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.-- (1) In general.--The Secretary may, upon the request of the Association provide technical assistance on a reimbursable or nonreimbursable basis and financial assistance to the heritage area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the Association and other public or private entities for this purpose. In assisting the heritage area, the Secretary shall give priority to actions that in general assist in-- (A) conserving the significant natural, historic, cultural, and scenic resources of the heritage area; and (B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the heritage area. (2) Other assistance.--Upon request, the Superintendent of Morristown National Historical Park may provide to public and private organizations within the heritage area, including the Association, such operational assistance as appropriate to support the implementation of the management plan for the heritage area, subject to the availability of appropriated funds. The Secretary is authorized to enter into cooperative agreements with public and private organizations for the purpose of implementing this subsection. (3) Preservation of historic properties.--The Secretary may provide assistance to State or local government or nonprofit organizations for appropriate treatment of historic objects or structures listed or eligible for listing on the National Register of Historic Places to further the purposes of this Act. (b) Approval and Disapproval of Management Plan.-- (1) In general.--The Secretary shall approve or disapprove the management plan not later than 90 days after receiving the management plan. (2) Criteria for approval.--In determining to approve the management plan, the Secretary shall consider whether-- (A) the Board of Directors of the Association is representative of the diverse interests of the heritage area including governments, natural and historic resource protection organizations, education, business, and recreation; (B) the Association has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the heritage area; and (D) the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Action following disapproval.--If the Secretary disapproves the management plan, the Secretary shall advise the Association in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision within 60 days after the date it is submitted. (4) Approval of amendments.--Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The Association shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments. SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES. Any Federal agency conducting or supporting activities directly affecting the heritage area shall-- (1) consult with the Secretary and the Association with respect to such activities; (2) cooperate with the Secretary and the Association in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and, (3) to the maximum extent practicable, conduct or support such activities in a manner which the association determines will not have an adverse effect on the heritage area. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Association under this Act. (b) Matching Funds.--Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act. SEC. 10. SUNSET. The authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of the Act.", "summary": "Crossroads of the American Revolution National Heritage Area Act of 2003 - Establishes the Crossroads of the American Revolution National Heritage Area in New Jersey.Designates the Crossroads of the American Revolution Association, Inc. as the Area's management entity. Directs the Association to submit, and to assist local governments, regional planning organizations, and nonprofit entities in implementing, an area management plan which includes strategies for conservation, funding, management, and development of the Area.Bars the Association from using Federal funds received under this Act to acquire real property, but permits the Association to use any other source of funding, including other Federal funding, intended for the acquisition of real property. Limits Federal funding to 50 percent of any assistance provided.Authorizes the Secretary of the Interior to provide assistance to: (1) the Area to develop and implement the management plan; and (2) State or local government or nonprofit organizations for treatment of historical objects or structures eligible for listing on the National Register of Historic Places. Authorizes the Superintendent of Morristown National Historical Park to provide operational assistance supporting implementation of the management plan to public and private organizations within the Area, including the Association."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Clean Development Technology Fund Act of 2008''. SEC. 2. PURPOSE. The purpose of this Act is to promote and to leverage private financing for the development and international deployment of technologies that will contribute to sustainable economic growth and the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. SEC. 3. INTERNATIONAL CLEAN DEVELOPMENT TECHNOLOGY FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the International Clean Development Technology Fund (in this Act referred to as the ``Fund''). (b) Deposits to Fund.--The Fund shall consist of-- (1) amounts appropriated pursuant to the authorization of appropriations under section 8; and (2) any amounts as are or may be appropriated, transferred, or credited to such Fund under any other provisions of law. (c) Expenditures From Fund.--Amounts in the Fund shall be available to the International Clean Development Technology Deployment Board established under section 4 for the purposes described under section 5, and shall remain available until expended. SEC. 4. INTERNATIONAL CLEAN DEVELOPMENT TECHNOLOGY BOARD. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the President shall establish an International Clean Development Technology Board (in this Act referred to as the ``Board''). (b) Composition.--The Board shall be composed of-- (1) the Secretary of State, who shall act as the chair of the Board; (2) the Secretary of the Treasury; (3) the Secretary of Energy; (4) the Secretary of Commerce; (5) the Administrator of the Environmental Protection Agency; (6) the Administrator of the United States Agency for International Development; (7) the United States Trade Representative; and (8) other officials as determined appropriate by the President. (c) Administration of International Clean Development Technology Fund.--The Board shall administer the International Clean Development Technology Fund ensuring that-- (1) funds are deployed in a manner that best promotes the participation of, and investments by, the private sector; (2) funds are allocated in a manner consistent with commitments by the United States under international climate change agreements; (3) funds achieve the greatest greenhouse gas emissions mitigations with the lowest possible cost, consistent with paragraphs (1) and (2); and (4) assistance is targeted at reducing or eliminating the increased costs associated with deploying clean technologies in place of traditional technologies. SEC. 5. AUTHORIZATION OF ASSISTANCE. (a) Assistance.--The Board, acting through the Secretary of State, may use the Fund to provide assistance under this section to qualified entities to support the purposes of this Act. (b) Form of Assistance.-- (1) In general.--Assistance under this section shall be provided-- (A) as direct assistance in the form of grants, concessional loans, cooperative agreements, contracts, insurance, or loan guarantees to or with qualified entities; (B) as indirect assistance to such entities through-- (i) funding for international clean technology funds supported by multilateral institutions; (ii) support from development and export promotion assistance programs of the United States Government; or (iii) support from international technology programs of the Department of Energy; or (C) in such other forms as the Board may determine appropriate. (2) Oversight by secretary of the treasury of assistance for multilateral trust funds.--In the case of assistance provided under paragraph (1)(B)(i) for a clean technology fund or similar fund that is a multilateral trust fund based at the World Bank, the Secretary of the Treasury shall use the voice, vote, and influence of the United States to promote-- (A) the use of the assistance in accordance with the purposes of this Act; and (B) a requirement that no single country be eligible to receive more than 15 percent of the funds awarded by such a fund in any three year period. (c) Use of Funds.--Assistance provided under this Act may be used for one or more of the following purposes: (1) Funding for capacity building programs, including-- (A) developing and implementing methodologies and programs for measuring and quantifying greenhouse gas emissions and verifying emissions mitigations; (B) assessing technology and policy options for greenhouse gas emissions mitigations; and (C) providing other forms of technical assistance to facilitate the qualification for, and receipt of, program funding under this Act. (2) Funding for technology programs to mitigate greenhouse gas emissions in eligible countries. (d) Qualified Entities.--A qualified entity referred to in this section is-- (1) the national government of an eligible country; (2) a regional or local governmental unit of an eligible country; or (3) a nongovernmental organization or a private entity located or operating in an eligible country. (e) Selection of Projects.-- (1) In general.--The Board shall be responsible for selecting qualified entities to receive assistance under this section. (2) Notice and wait requirement.--Assistance may not be provided under this section until 30 days after the Board notifies the appropriate congressional committees of the proposed assistance, including-- (A) in the case of a capacity building program-- (i) a description of the capacity building program to be funded through such assistance; (ii) the terms and conditions of such assistance; and (iii) a description of how the capacity building program will contribute to the purposes of this Act; or (B) in the case of a technology program-- (i) a description of the technology program to be funded through such assistance; (ii) the terms and conditions of such assistance; (iii) an estimate of the additional amount of greenhouse gas emissions mitigations expected due to the use of such assistance; and (iv) a description of how the technology program will contribute to the purposes of this Act. (f) Participation by Governmental Entities.--In providing assistance under this Act to a national government or to a regional or local governmental unit, the Board should require as a condition of the assistance that such governmental entity make appropriate financial contributions to the budget of the project being funded, and that the project be part of an overall national, regional, or local strategy for the deployment of clean technology. SEC. 6. ELIGIBLE COUNTRIES. (a) Determination by the President.--The Board shall determine whether a country is eligible for technology program assistance under this Act based on the criteria in subsection (b). (b) Criteria.--A country shall be considered to be eligible for purposes of this Act if-- (1) the country is eligible to receive official development assistance according to the guidelines of the Development Assistance Committee of the Organization for Economic Co- operation and Development; and (2)(A) the country has made a binding commitment, pursuant to an international agreement to which the United States is a party, to undertake actions to produce measurable, reportable, and verifiable greenhouse gas emissions mitigations; or (B) the Board determines and certifies to the appropriate congressional committees that the country has in force binding national policies and measures capable of producing measurable, reportable, and verifiable greenhouse gas emissions mitigations. (c) Report.--Not later than 270 days after the date of the enactment of this Act, the Board shall submit to the appropriate congressional committees a report outlining the criteria to be used to determine whether a country is eligible for assistance under this Act pursuant to subsection (b)(2)(B). SEC. 7. ANNUAL REPORT. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Board shall submit to the appropriate congressional committees a report on assistance provided under this Act. (b) Content.--Each report submitted under subsection (a) shall include a description of assistance provided during the reporting period, including-- (1) the aggregate amount of assistance provided for capacity building initiatives and technology deployment initiatives; and (2) a description of each initiative funded through such assistance, including the amount of assistance provided, the terms and conditions of such assistance, and the anticipated reductions in greenhouse gas emissions to be achieved as a result of technology deployment initiatives. (c) Performance Evaluations of Supported Multilateral Trust Funds.--The reports submitted under subsection (a) shall provide for the independent evaluation, not less frequently than once every three years, of the performance of each international clean technology fund provided assistance pursuant to section 5(b)(1)(B)(i). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated a total of $2,000,000,000 for fiscal years 2009 through 2011 to carry out this Act. SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Finance, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on Energy and Commerce, the Committee on Natural Resources, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives. SEC. 10. CONSTRUCTION; AUTHORITIES OF THE SECRETARY OF STATE. Nothing in this Act shall be construed to alter or affect authorities of the Secretary of State under-- (1) title V of the Foreign Relations Authorization Act, Fiscal Year 1979 (Public Law 95-426; 22 U.S.C. 2656a et seq.); or (2) section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2382(c)).", "summary": "International Clean Development Technology Fund Act of 2008 - Establishes in the Treasury the International Clean Development Technology Fund to provide assistance to qualified entities for: (1) capacity building programs such as greenhouse gas emissions measuring and related technology and policy assessments; and (2) greenhouse gas emissions mitigation in eligible countries."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Asia-South Pacific Trade Preferences Act''. SEC. 2. FINDINGS. Congress finds the following: (1) It is in the mutual interest of the United States and least-developed countries to promote stable and sustainable economic growth and development. (2) Trade and investment are powerful economic tools and can be used to reduce poverty and raise the standard of living in a country. (3) A country that is open to trade may increase its economic growth. (4) Trade and investment often lead to employment opportunities and often help alleviate poverty. (5) Least-developed countries have a particular challenge in meeting the economic requirements of and competitiveness necessary for globalization and international markets. (6) The United States has recognized the benefits that international trade provides to least-developed countries by enacting the Generalized System of Preferences and trade benefits for developing countries in the Caribbean, Andean, and sub-Saharan African regions of the world. (7) Enhanced trade with least-developed Muslim countries, including Yemen, Afghanistan, and Bangladesh, is consistent with other United States objectives of encouraging a strong private sector and individual economic empowerment in those countries. (8) Offering least-developed countries enhanced trade preferences will encourage both higher levels of trade and direct investment in support of positive economic and political developments throughout the world. (9) Encouraging the reciprocal reduction of trade and investment barriers will enhance the benefits of trade and investment as well as enhance commercial and political ties between the United States and the countries designated for benefits under this Act. (10) Economic opportunity and engagement in the global trading system together with support for democratic institutions and a respect for human rights are mutually reinforcing objectives and key elements of a policy to confront and defeat global terrorism. SEC. 3. DEFINITIONS. In this Act: (1) Asia or south pacific country.--The term ``Asia or South Pacific country'' means a country listed in section 4(b). (2) Beneficiary asia or south pacific country.--The term ``beneficiary Asia or South Pacific country'' means an Asia or South Pacific country that the President has determined is eligible for preferential treatment under this Act. (3) Former beneficiary asia or south pacific country.--The term ``former beneficiary Asia or South Pacific country'' means a country that, after being designated as a beneficiary Asia or South Pacific country under this Act, ceased to be designated as such a country by reason of its entering into a free trade agreement with the United States. SEC. 4. AUTHORITY TO DESIGNATE; ELIGIBILITY REQUIREMENTS. (a) Authority To Designate.-- (1) In general.--Notwithstanding any other provision of law, the President is authorized to designate an Asia or South Pacific country as a beneficiary Asia or South Pacific country eligible for preferential treatment under this Act-- (A) if the President determines that the country meets the requirements set forth in section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703); and (B) subject to the authority granted to the President under subsections (a), (d), and (e) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462), if the country otherwise meets the eligibility criteria set forth in such section 502. (2) Application of section 104.--Section 104 of the African Growth and Opportunity Act shall be applied for purposes of paragraph (1) by substituting ``Asia or South Pacific country'' for ``sub-Saharan African country'' each place it appears. (b) Countries Eligible for Designation.--For purposes of this Act, the term ``Asia or South Pacific country'' refers to the following or their successor political entities: (1) Afghanistan. (2) Bangladesh. (3) Bhutan. (4) Cambodia. (5) Kiribati. (6) Lao People's Democratic Republic. (7) Maldives. (8) Nepal. (9) Samoa. (10) Solomon Islands. (11) Timor-Leste (East Timor). (12) Tuvalu. (13) Vanuatu. SEC. 5. ELIGIBLE ARTICLES. (a) In General.--Unless otherwise excluded from eligibility (or otherwise provided for in this Act), preferential treatment shall apply in accordance with subsections (b), (c), and (d). (b) Certain Articles.-- (1) In general.--The President may provide duty-free treatment to any article described in subparagraphs (B) through (G) of section 503(b)(1) of the Trade Act of 1974 (19 U.S.C. 2463(b)(1)) if-- (A) the article is the growth, product, or manufacture of a beneficiary Asia or South Pacific country; and (B) the President determines, after receiving the advice of the International Trade Commission in accordance with section 503(e) of the Trade Act of 1974 (19 U.S.C. 2463(e)), that the article is not import- sensitive in the context of imports from beneficiary Asia or South Pacific countries. (2) Rules of origin.--The duty-free treatment provided under paragraph (1) shall apply to any article described in that paragraph that meets the requirements of section 503(a)(2) of the Trade Act of 1974 (19 U.S.C. 2463(a)(2)), except that for purposes of determining if the article meets the 35-percent requirement under subparagraph (A)(ii) of such section-- (A) if the cost or value of materials produced in the customs territory of the United States is included with respect to that article, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward meeting the 35-percent requirement; and (B) the cost or value of the materials included with respect to that article that are produced in one or more beneficiary Asia or South Pacific countries or former beneficiary Asia or South Pacific countries shall be applied toward meeting the 35-percent requirement. (c) Textile and Apparel Articles.-- (1) In general.--The preferential treatment described in subsection (a) of section 112 of the African Growth and Opportunity Act (19 U.S.C. 3721(a)) shall apply with respect to textile and apparel articles described in paragraphs (1), (2), (4), (5), (7), and (8) of subsection (b) of such section and paragraphs (2) and (3) of this subsection that are imported directly into the customs territory of the United States from a beneficiary Asia or South Pacific country except that such section 112 shall be applied and administered with respect to such articles-- (A) in subsection (a), by substituting ``a beneficiary Asia or South Pacific country (as defined in section 3 of the Asia-South Pacific Trade Preferences Act)'' for ``a beneficiary sub-Saharan African country described in section 506A(c) of the Trade Act of 1974''; and (B) in paragraphs (1), (2), (4), (5), (7), and (8) of subsection (b), by substituting ``beneficiary Asia or South Pacific country'' and ``beneficiary Asia or South Pacific countries'' for ``beneficiary sub-Saharan African country'' and ``beneficiary sub-Saharan African countries'', respectively, each place such terms appear. (2) Textile and apparel articles assembled from regional and other fabric.-- (A) In general.--Textile and apparel articles described in this paragraph are textile and apparel articles wholly assembled in one or more beneficiary Asia or South Pacific countries or former beneficiary Asia or South Pacific countries, or both, from fabric wholly formed in one or more beneficiary Asia or South Pacific countries or former beneficiary Asia or South Pacific countries, or both, from yarn originating either in the United States or one or more beneficiary Asia or South Pacific countries or former beneficiary Asia or South Pacific countries, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed and cut in the United States, in one or more beneficiary Asia or South Pacific countries or former beneficiary Asia or South Pacific countries, or any combination thereof), whether or not the textile and apparel articles are also made from any of the fabrics, fabric components formed, or components knit- to-shape described in paragraph (1) or (2) of section 112(b) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)) (unless the apparel articles are made exclusively from any of the fabrics, fabric components formed, or components knit-to-shape described in paragraph (1) or (2) of such section 112(b)). (B) Limitations on benefits.-- (i) In general.--Preferential treatment under this subsection shall be extended in the 1-year period beginning January 1, 2012, and in each of the succeeding 10 1-year periods, to imports of textile and apparel articles described in subparagraph (A) in an amount not to exceed the applicable percentage of the aggregate square meter equivalents of all textile and apparel articles imported into the United States in the most recent 12-month period for which data are available. (ii) Applicable percentage.--For purposes of this subparagraph, the term ``applicable percentage'' means 11 percent for the 1-year period beginning January 1, 2012, increased in each of the 10 succeeding 1-year periods by equal increments, so that for the period beginning January 1, 2022, the applicable percentage does not exceed 14 percent. (3) Handloomed, handmade, folklore articles and ethnic printed fabrics.-- (A) In general.--A textile or apparel article described in this paragraph is a handloomed, handmade, folklore article or an ethnic printed fabric of a beneficiary Asia or South Pacific country or countries that is certified as such by the competent authority of such beneficiary country or countries. For purposes of this subsection, the President, after consultation with the beneficiary Asia or South Pacific country or countries concerned, shall determine which, if any, particular textile and apparel goods of the country or countries shall be treated as being handloomed, handmade, or folklore articles or an ethnic printed fabric. (B) Requirements for ethnic printed fabric.--Ethnic printed fabrics qualified under this paragraph are-- (i) fabrics containing a selvedge on both edges, having a width of less than 50 inches, classifiable under subheading 5208.52.30 or 5208.52.40 of the Harmonized Tariff Schedule of the United States; (ii) of the type that contains designs, symbols, and other characteristics of Asian or South Pacific prints-- (I) normally produced for and sold on the indigenous Asian or South Pacific market; and (II) normally sold in Asia or South Pacific countries by the piece as opposed to being tailored into garments before being sold in indigenous Asian or South Pacific markets; (iii) printed, including waxed, in one or more beneficiary Asia or South Pacific countries; and (iv) fabrics formed in the United States, from yarns formed in the United States, or from fabric formed in one or more beneficiary Asia or South Pacific countries from yarn originating in either the United States or one or more beneficiary Asia or South Pacific countries. (4) Special rule.-- (A) In general.--Preferential treatment under this subsection shall be extended through December 31, 2019, for textile and apparel articles that are wholly assembled in one or more beneficiary Asia or South Pacific countries or former beneficiary Asia or South Pacific countries, or both, regardless of the country of origin of the yarn or fabric used to make such articles. (B) Country limitations.-- (i) Small suppliers.--If, during a calendar year, imports of textile and apparel articles described in subparagraph (A) from a beneficiary Asia or South Pacific country are less than 1 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the United States during that calendar year, such imports may be increased to an amount that is equal to not more than 1.5 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the United States during that calendar year for the succeeding calendar year. (ii) Other suppliers.--If, during a calendar year, imports of textile and apparel articles described in subparagraph (A) from a beneficiary Asia or South Pacific country are at least 1 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the United States during that calendar year, such imports may be increased by an amount that is equal to not more than \\1/3\\ of 1 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the United States during that calendar year for the succeeding calendar year. (iii) Aggregate country limit.--In no case may the aggregate quantity of textile and apparel articles described in subparagraph (A) imported into the United States during a calendar year under this subsection exceed the applicable percentage set forth in paragraph (2)(B)(ii) for that calendar year. (d) Other Restrictions.--The provisions of subsections (b)(3)(B) and (e) of section 112 and section 113 of the African Growth and Opportunity Act (19 U.S.C. 3721 and 3722) shall apply with respect to the preferential treatment extended under this section to a beneficiary Asia or South Pacific country by substituting ``beneficiary Asia or South Pacific country'' for ``beneficiary sub-Saharan African country'' and ``beneficiary Asia or South Pacific countries'' and ``former beneficiary Asia or South Pacific countries'' for ``beneficiary sub- Saharan African countries'' and ``former sub-Saharan African countries'', respectively, as appropriate. (e) Technical Amendment.--Section 6002(a)(2)(B) of the Africa Investment Incentive Act of 2006 (Public Law 109-432) is amended by inserting before ``by striking'' the following: ``in paragraph (3),''. SEC. 6. REPORTING REQUIREMENT. The President shall monitor, review, and report to Congress, not later than 1 year after the date of the enactment of this Act, and annually thereafter, on the implementation of this Act and on the trade and investment policy of the United States with respect to the Asia or South Pacific countries. SEC. 7. TERMINATION OF PREFERENTIAL TREATMENT. No duty-free treatment or other preferential treatment extended to a beneficiary Asia or South Pacific country under this Act shall remain in effect after December 31, 2022. SEC. 8. EFFECTIVE DATE. The provisions of this Act shall take effect on January 1, 2012.", "summary": "Asia-South Pacific Trade Preferences Act - Authorizes the President to designate an Asia or South Pacific country as a beneficiary Asia or South Pacific country eligible for preferential treatment under this Act if that country meets: (1) certain requirements under the African Growth and Opportunity Act, including establishing a market-based economy and the rule of law, the protection of human rights, and the elimination of trade barriers to the United States; and (2) certain eligibility criteria for designation as a least-developed beneficiary developing country under the Trade Act of 1974. Lists the following countries eligible for designation as a \"Asia or South Pacific country\": (1) Afghanistan, (2) Bangladesh, (3) Bhutan, (4) Cambodia, (5) Kiribati, (6) Lao People's Democratic Republic, (7) Maldives, (8) Nepal, (9) Samoa, (10) Solomon Islands, (11) Timor-Leste (East Timor), (12) Tuvalu, and (13) Vanuatu. Authorizes the President to provide duty-free treatment of certain import-sensitive articles (watches, electronic articles, steel articles, footwear and certain other apparel, and glass products) meeting rules of origin requirements if: (1) the article is the growth, product, or manufacture of a beneficiary Asia or South Pacific country; and (2) the President determines, after receiving advice of the International Trade Commission (ITC), that the article is not import-sensitive in the context of imports from beneficiary Asia or South Pacific countries. Prescribes the rules of origin for the articles for the duty-free treatment. Grants duty-free treatment of certain textile and apparel articles imported directly into the customs territory of the United States from a beneficiary Asia or South Pacific country. Establishes limitations on such preferential treatment. Prescribes requirements for handloomed, handmade, folklore articles or ethnic printed fabrics. Prescribes a special rule to extend such preferential treatment through December 31, 2019, for textile and apparel articles that are wholly assembled in one or more beneficiary or former beneficiary Asia or South Pacific countries, or both, regardless of the country or origin of the yarn or fabric used to make such articles. Terminates the extension of preferential treatment to a beneficiary Asia or South Pacific country after December 31, 2022."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Opportunity and Mortgage Equity Act of 2009''. SEC. 2. AFFORDABLE REFINANCING MORTGAGES AND NEW MORTGAGES. (a) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to purchase and securitize qualified refinancing mortgages and qualified new mortgages on single-family housing, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. (b) Purchase of Qualified Mortgages.-- (1) Requirement to purchase.--If a lender proffers to an enterprise, in accordance with requirements established by the Director, a mortgage or mortgages for purchase under this section, the enterprise shall make a determination of whether such mortgage or mortgages are qualified mortgages. Subject to subsection (g), if the enterprise determines that such mortgage or mortgages meet the requirements for qualified mortgages, the enterprise shall make a commitment to purchase, and shall purchase, the mortgage or mortgages. (2) Advance commitments.--The Director shall require each enterprise to establish a procedure for approval of lenders to receive commitments, in advance of the origination of qualified mortgages, for purchase of such mortgages under this section by the enterprise. (c) Qualified Mortgages.-- (1) Qualified mortgage.--For purposes of this section, the term ``qualified mortgage'' means a mortgage that is a qualified refinancing mortgage or a qualified new mortgage. (2) Qualified refinancing mortgage.--For purposes of this section, the term ``qualified refinancing mortgage'' means a mortgage that meets the following requirements: (A) Single-family housing.--The property subject to the mortgage shall be a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association. (B) Principal residence.--The mortgagor under the mortgage shall occupy the property subject to the mortgage as his or her principal residence. (C) Refinancing.--The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing first mortgage that-- (i) was made for purchase of, or refinancing another first mortgage on, the same property that is subject to the qualified refinancing mortgage; and (ii) was originated on or before January 1, 2008. (D) Interest rate; term to maturity.--The mortgage shall-- (i) bear interest at a single rate that is fixed for the entire term of the mortgage, which shall not exceed 4.0 percent annually; and (ii) have a term to maturity of not less than 30 years and not more than 40 years from the date of the beginning of the amortization of the mortgage. (E) Underwriting standards.--The mortgage shall meet such underwriting standards as the Director shall require. (F) Waiver of prepayment penalties.--All penalties for prepayment or refinancing of the underlying mortgage refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (3) Qualified new mortgage.--For purposes of this section, the term ``qualified new mortgage'' means a mortgage that meets the following requirements: (A) Terms.--The mortgage meets the requirements under subparagraphs (A), (B), (D), and (E) of paragraph (2). (B) Home purchase.--The principal loan amount repayment of which is secured by the mortgage shall be used to purchase the property that is subject to the qualified new mortgage. (C) New mortgages.--The mortgage was originated on or after the date of the enactment of this Act. (d) Exceptions to Underwriting Standards.--Each enterprise shall establish such exceptions to the underwriting standards of the enterprise, including downpayment and credit rating standards, that conform to the underwriting standards established pursuant to subsection (c)(5), as may be necessary to allow the enterprise to purchase and securitize qualified refinancing mortgages and qualified new mortgages under this section, in accordance with such requirements as the Director shall establish. (e) Securitization.-- (1) Requirement.--Each enterprise shall, upon such terms and conditions as it may prescribe, set aside any qualified mortgages purchased by it under this section and, upon approval of the Secretary of the Treasury, issue and sell securities based upon such mortgages set aside. (2) Form.--Securities issued under this subsection may be in the form of debt obligations or trust certificates of beneficial interest, or both. (3) Terms.--Securities issued under this subsection shall have such maturities and bear such rate or rates of interest as may be determined by the enterprise with the approval of the Secretary. (4) Exemption.--Securities issued by an enterprise under this subsection shall, to the same extent as securities which are direct obligations of or obligations guaranteed as to principal and interest by the United States, be deemed to be exempt securities within the meaning of laws administered by the Securities and Exchange Commission. (5) Principal and interest payments.--Mortgages set aside pursuant to this subsection shall at all times be adequate to enable the issuing enterprise to make timely principal and interest payments on the securities issued and sold pursuant to this subsection. (6) Required disclosure.--Each enterprise shall insert appropriate language in all of the securities issued under this subsection clearly indicating that such securities, together with the interest thereon, are not guaranteed by the United States and do not constitute a debt or obligation of the United States or any agency or instrumentality thereof other than the enterprise. (f) Federal Reserve Financing Facility.--The Board of Governors of the Federal Reserve System shall establish a credit facility of the Federal Reserve System to make credit available to the enterprises at interest rates comparable to rates on securities issued by the Secretary of the Treasury under chapter 31 of title 31, United States Code, and having comparable terms, as determined by the Board. (g) Termination.--The requirement under subsection (b)(1) for the enterprises to purchase mortgages shall not apply to any mortgage proferred to an enterprise after December 31, 2010. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury.", "summary": "Housing Opportunity and Mortgage Equity Act of 2009 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (the enterprises) to implement a program to purchase and securitize qualified refinancing mortgages and qualified new mortgages on single-family housing in accordance with policies and procedures established by the Director of the Federal Housing Finance Agency (FHFA). Sets forth requirements for the purchase and securitization of qualified mortgages. Directs the Board of Governors of the Federal Reserve System to establish a credit facility of the Federal Reserve System to make credit available to the enterprises at interest rates comparable to certain rates on securities issued by the Secretary of the Treasury. Terminates the requirement under this Act for the enterprises to purchase mortgages after December 31, 2010."}
{"article": "SECTION 1. FINDINGS. The Congress makes the following findings: (1) The Congress has previously directed the Secretary of Defense to seek to enter into multiyear burden sharing support agreements with economically strong North Atlantic Treaty Organization (NATO) allies of the United States in order to obtain increased host nation contributions toward defraying the overseas basing costs for forces of the Armed Forces of the United States in that host country. (2) In fiscal year 1992-- (A) the government of Germany contributed approximately 23 percent of the overseas basing costs for United States forces in that country; (B) the government of Italy contributed approximately 20 percent of the overseas basing costs for United States forces in that country; (C) the government of the United Kingdom contributed approximately 14 percent of the overseas basing costs for United States forces in that country; and (D) the United States paid the remainder of such costs. (3) The Japanese government will pay 75.1 percent of overseas basing costs according to the host nation burden sharing support agreement between the United States and Japan. (4) In accordance with that agreement, the government of Japan contributed in fiscal year 1992 approximately 70 percent of the overseas basing costs for United States forces in that country, and the United States paid the remainder of such costs. (5) If the economically strong NATO allies of the United States had contributed 75 percent of the overseas basing costs that were incurred for fiscal year 1992 for United States forces in the countries of such allies, the United States would have saved an estimated $5,000,000,000 of the amount paid by the United States for overseas basing costs for that fiscal year. (6) It is in the national interest of the United States for the United States and our economically strong allies to enter into burden sharing support agreements that provide for such allies to defray most or all of the overseas basing costs for the United States forces stationed in the allied countries. SEC. 2. INCREASED BURDEN SHARING BY ALLIES OF THE UNITED STATES. (a) Defense Cost-Sharing Agreements.--The President shall enter into negotiations with each foreign nation described in subsection (b)(1) to seek to conclude an agreement that provides for such nation to pay at least 75 percent of the overseas basing costs that are incurred for the stationing of members of the Armed Forces of the United States and related civilian employees of the Department of Defense in that nation as a result of the implementation of a bilateral or multilateral defense agreement with that nation. (b) Covered Foreign Nations.-- (1) In general.--Except as provided in paragraph (2), the foreign nations referred to in subsection (a) are the following: (A) Each member nation of the North Atlantic Treaty Organization (other than the United States). (B) Every other foreign nation with which the United States has a bilateral or multilateral defense agreement that provides for the assignment of combat units of the Armed Forces of the United States to permanent duty ashore in that nation or the placement of combat equipment of the United States in that nation. (2) Inapplicability to certain foreign nations.--The foreign nations referred to in subsection (a) do not include any foreign nation that receives assistance or financing under-- (A) section 23 of the Arms Export Control Act (22 U.S.C. 2673), relating to the foreign military financing program; or (B) the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.). SEC. 3. USE OF FUNDS FOR PAYING OVERSEAS BASING COSTS. (a) Limitation.--Funds may not be expended to pay more than the allowable percent of the overseas basing costs that are incurred during a fiscal year referred to in subsection (b) for the stationing of members of the Armed Forces of the United States and related civilian employees of the Department of Defense in a nation referred to in section 2(a) as a result of the implementation of a bilateral or multilateral defense agreement with that nation. (b) Maximum Allowable Percent.--For purposes of subsection (a), the allowable percent for a fiscal year is as follows: (1) Fiscal year 1994.--For fiscal year 1994, 60 percent. (2) Fiscal year 1995.--For fiscal year 1995, 40 percent. (3) Fiscal years after fiscal year 1995.--For each fiscal year that begins after September 30, 1995, 25 percent. SEC. 4. WAIVER AUTHORITY. If the President determines that it is necessary to do so in the national security interest of the United States, the President may waive, with respect to a foreign nation referred to in section 2(a), the limitation in section 3. In the case of each such waiver, the President shall submit to Congress a written certification of the determination and a description of the extent of the waiver. SEC. 5. REPORTING REQUIREMENT. Not later than September 30, 1993, the President shall submit to the Congress a plan and schedule for concluding with foreign nations referred to in section 2(a) agreements that provide for each such nation to pay 75 percent of the overseas basing costs that are incurred for the stationing of members of the Armed Forces of the United States and related civilian employees of the Department of Defense in that nation as a result of the implementation of a bilateral or multilateral defense agreement with that nation. SEC. 6. OVERSEAS BASING COSTS DEFINED. In this Act, the term ``overseas basing costs'' means all costs related to the operation of installations in foreign countries at which forces of the Armed Forces of the United States are based and-- (1) includes but are not limited to-- (A) pay for foreign nationals; (B) costs of utilities; (C) costs of local services; (D) costs of military construction projects; (E) costs of real property maintenance; (F) costs of environmental restoration; (G) leasing costs; (H) taxes; (I) user fees; (J) tolls; and (K) import duties; and (2) does not include the pay and allowances of members of the Armed Forces of the United States and civilian employees of the Department of Defense.", "summary": "Directs the President to enter into negotiations to conclude agreements that require the following countries to pay at least 75 percent of the overseas basing costs incurred for stationing of U.S. armed forces and related civilian employees: (1) member nations of the North Atlantic Treaty Organization (NATO); and (2) foreign nations with which the United States has defense agreements providing for the assignment of U.S. armed forces or combat equipment in such nations. Makes this Act inapplicable to foreign nations that receive assistance under the foreign military financing program or other military assistance pursuant to the Foreign Assistance Act of 1961. Phases in limitations on Federal funding for overseas basing costs, setting a maximum payment of 25 percent of such costs for fiscal years after 1995. Authorizes the President to waive the requirements of this Act pursuant to national security interests."}
{"article": "SECTION 1. DEFINITIONS. In this Act, the following definitions apply: (1) Route 66 corridor.--The term ``Route 66 corridor'' means structures and other cultural resources described in paragraph (3), including-- (A) lands owned by the Federal Government and lands owned by a State or local government within the immediate vicinity of those portions of the highway formerly designated as United States Route 66; and (B) private land within that immediate vicinity that is owned by persons or entities that are willing to participate in the programs authorized by this Act. (2) Cultural resource programs.--The term ``Cultural Resource Programs'' means the programs established and administered by the National Park Service for the benefit of and in support of preservation of the Route 66 corridor, either directly or indirectly. (3) Preservation of the route 66 corridor.--The term ``preservation of the Route 66 corridor'' means the preservation or restoration of structures or other cultural resources of businesses, sites of interest, and other contributing resources that-- (A) are located within the land described in para- graph (1); (B) existed during the route's period of outstanding historic significance (principally between 1926 and 1970), as defined by the study prepared by the National Park Service and entitled ``Special Resource Study of Route 66'', dated July 1995; and (C) remain in existence as of the date of the enactment of this Act. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Cultural Resource Programs at the National Park Service. (5) State.--The term ``State'' means a State in which a portion of the Route 66 corridor is located. SEC. 2. MANAGEMENT. (a) In General.--The Secretary, in collaboration with the entities described in subsection (c), shall facilitate the development of guidelines and a program of technical assistance and grants that will set priorities for the preservation of the Route 66 corridor. (b) Designation of Officials.--The Secretary shall designate officials of the National Park Service stationed at locations convenient to the States to perform the functions of the Cultural Resource Programs under this Act. (c) General Functions.--The Secretary shall-- (1) support efforts of State and local public and private persons, nonprofit Route 66 preservation entities, Indian tribes, State Historic Preservation Offices, and entities in the States for the preservation of the Route 66 corridor by providing technical assistance, participating in cost-sharing programs, and making grants; (2) act as a clearinghouse for communication among Federal, State, and local agencies, nonprofit Route 66 preservation entities, Indian tribes, State historic preservation offices, and private persons and entities interested in the preservation of the Route 66 corridor; and (3) assist the States in determining the appropriate form of and establishing and supporting a non-Federal entity or entities to perform the functions of the Cultural Resource Programs after those programs are terminated. (d) Authorities.--In carrying out this Act, the Secretary may-- (1) enter into cooperative agreements, including (but not limited to) cooperative agreements for study, planning, preservation, rehabilitation, and restoration related to the Route 66 corridor; (2) accept donations of funds, equipment, supplies, and services as appropriate; (3) provide cost-share grants for projects for the preservation of the Route 66 corridor (but not to exceed 50 percent of total project costs) and information about existing cost-share opportunities; (4) provide technical assistance in historic preservation and interpretation of the Route 66 corridor; and (5) coordinate, promote, and stimulate research by other persons and entities regarding the Route 66 corridor. (e) Preservation Assistance.-- (1) In general.--The Secretary shall provide assistance in the preservation of the Route 66 corridor in a manner that is compatible with the idiosyncratic nature of the Route 66 corridor. (2) Planning.--The Secretary shall not prepare or require preparation of an overall management plan for the Route 66 corridor, but shall cooperate with the States and local public and private persons and entities, State historic preservation offices, nonprofit Route 66 preservation entities, and Indian tribes in developing local preservation plans to guide efforts to protect the most important or representative resources of the Route 66 corridor. SEC. 3. RESOURCE TREATMENT. (a) Technical Assistance Program.-- (1) Program required.--The Secretary shall develop a program of technical assistance in the preservation of the Route 66 corridor and interpretation of the Route 66 corridor. (2) Program guidelines.--As part of the technical assistance program under paragraph (1), the Secretary shall establish guidelines for setting priorities for preservation needs for the Route 66 corridor. The Secretary shall base the guidelines on the Secretary's standards for historic preservation. (b) Program for Coordination of Activities.-- (1) In general.--The Secretary shall coordinate a program of historic research, curation, preservation strategies, and the collection of oral and video histories of events that occurred along the Route 66 corridor. (2) Design.--The program under paragraph (1) shall be designed for continuing use and implementation by other organizations after the Cultural Resource Programs are terminated. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for the period of fiscal years 2000 through 2009 to carry out the purposes of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Directs the Secretary of the Interior to: (1) facilitate the development of guidelines and a program of technical assistance and grants that will set priorities for the preservation of the Route 66 corridor; (2) designate National Park Service (NPS) officials to perform the functions of the Cultural Resource Programs support cultural resources related to the corridor; (3) support efforts of State and local public and private persons, nonprofit Route 66 preservation entities, Indian tribes, State Historic Preservation Offices, and entities in the States to preserve the corridor by providing technical assistance, participating in cost-sharing programs, and making grants; (4) act as a clearinghouse for communication among such parties and Federal, State, and local agencies; and (5) assist the States in determining the appropriate form of, and establishing and supporting, a non-Federal entity or entities to perform the functions of the Cultural Resource Programs after those programs are terminated. Authorizes the Secretary to: (1) enter into cooperative agreements; (2) accept donations of funds, equipment, supplies, and services as appropriate; (3) provide cost-share grants for up to 50 percent of projects for the preservation of the corridor and information about existing cost-share opportunities and technical assistance in the corridor's historic preservation and interpretation; and (4) coordinate, promote, and stimulate research by other persons and entities regarding the corridor. Requires the Secretary: (1) to provide assistance in the preservation of the corridor that is compatible with the idiosyncratic nature of the highway; (2) not to prepare or require an overall management plan, but to cooperate with public and private entities in developing local preservation plans to guide efforts to protect the most important or representative resources of the corridor; (3) to develop a technical assistance program in the preservation and interpretation of the corridor, including guidelines for setting priorities for preservation needs; and (4) to coordinate a program of historic research, curation, preservation strategies, and collection of oral and video histories of events that occurred along the corridor designed for continuing use after the Cultural Resource Programs are terminated. Authorizes appropriation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Deafy Glade Land Exchange Act''. SEC. 2. LAND EXCHANGE, MENDOCINO NATIONAL FOREST, CALIFORNIA. (a) Land Exchange Required.--If Solano County, California (in this section referred to as the ``County'') conveys to the Secretary of Agriculture all right, title, and interest of the County in and to four parcels of land consisting of a total of approximately 160 acres identified on the map entitled ``Fouts Springs-Deafy Glade Federal and Non-Federal Lands'' and dated July 17, 2008, the Secretary shall convey to the County, in exchange, all right, title, and interest of the United States in and to the parcel of land in the Mendocino National Forest in the State of California (including any improvements on the land) comprising approximately 82 acres and known as the Fouts Springs Ranch, as also depicted on the map. (b) Availability of Map.--The map referred to in subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service. With the agreement of the County, the Secretary may make technical corrections to the map and the legal descriptions of the land to be exchanged under this section. (c) Land Exchange Process.--Section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) shall apply to the land exchange under this section. (d) Survey and Administrative Costs.--The exact acreage and legal description of the land to be exchanged under subsection (a) shall be determined by a survey satisfactory to the Secretary. The costs of the survey and any administrative costs related to the land exchange shall be borne by the County. (e) Condition on Use of Conveyed Land.--As a condition of the conveyance to the County under subsection (a), the County shall agree to continue to use the land acquired by the County under such subsection for purposes consistent with the purposes listed in the special use authorization for the Fouts Springs Ranch in effect as of the date of the enactment of this Act. (f) Easement Authority.--The Secretary may grant an easement to provide continued access to, and maintenance and use of, the facilities covered by the special use authorization referred to in subsection (e) as necessary for the continued operation of the Fouts Springs Ranch conveyed under subsection (a). (g) Management of Acquired Land.--The lands acquired by the Secretary under subsection (a) shall be added to and administered as part of the Mendocino National Forest and managed in accordance with the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) and the laws and regulations applicable to the National Forest System. (h) Additional Terms and Conditions.--The land exchange under subsection (a) shall be subject to such additional terms and conditions as the Secretary and the County may agree upon. SEC. 3. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA. (a) In General.--The Secretary of Commerce may sell or exchange to the City of Norfolk, Virginia, in accordance with chapter 13 of title 40, United States Code, real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (in this section referred to as ``NOAA''), including land and improvements thereon, located at 538 Front Street, Norfolk, Virginia, consisting of approximately 3.78 acres, if the Secretary-- (1) determines that the conveyance is in the best interests of NOAA and the Federal Government; and (2) has provided prior notification to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. (b) Consideration.-- (1) In general.--For any conveyance under this section the Secretary shall require the City of Norfolk to provide consideration to the United States that is not less than the fair market value of the property conveyed by the United States. (2) Form.--Consideration under this subsection may include any combination of-- (A) cash or cash equivalents; (B) other property (either real or personal); and (C) consideration in-kind, including-- (i) provision of space, goods, or services of benefit to NOAA including construction, repair, remodeling, or other physical improvements of NOAA property; (ii) maintenance of NOAA property; (iii) provision of office, storage, or other useable space; or (iv) relocation services associated with conveyance of property under this section. (3) Determination of fair market value.--The Secretary shall determine fair market value for purposes of paragraph (1) based upon a highest- and best-use appraisal of the property conveyed under subsection (a) conducted in conformance with the Uniform Appraisal Standards for Professional Appraisal Practice. (c) Use of Proceeds.--Amounts received under subsection (b)(2)(A) by the United States as proceeds of any conveyance under this section shall be available to the Secretary, subject to appropriation, for-- (1) activities related to the operations of, or capital improvements, to NOAA property; or (2) relocation and other costs associated with the sale or exchange. (d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance of property by the United States under subsection (a) as the Secretary considers appropriate to protect the interest of the United States, including the recoupment of any profit the City of Norfolk may realize within three years after the date of conveyance to the City due to resale of the property (e) Termination.--The authority granted to the Secretary under subsections (a) and (b) shall terminate at the end of the 24-month period beginning on the date of enactment of this Act if no contract for sale or exchange under subsection (a) has been entered into by the City of Norfolk and the United States. Passed the House of Representatives September 22, 2008. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Deafy Glade Land Exchange Act - Directs the Secretary of Agriculture to convey to Solano County, California, all right, title, and interest of the United States in and to the parcel of land in the Mendocino National Forest comprising approximately 82 acres and known as the Fouts Springs Ranch, as depicted on the map entitled \"Fouts Springs-Deafy Glade Federal and Non-Federal Lands\" and dated July 17, 2008, if the county conveys to the Secretary all right, title, and interest of the county in and to four parcels of land consisting of approximately 160 acres identified on such map. Authorizes the Secretary of Commerce to sell or exchange to the city of Norfolk, Virginia, certain real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA), including land and improvements, located in Norfolk if the Secretary: (1) determines that such conveyance is in the best interests of NOAA and the federal government; and (2) has provided prior notification to the appropriate congressional committees. Requires the proceeds of any conveyance under this Act to be made available for: (1) activities related to the operations of, or capital improvements to, NOAA property; or (2) relocation and other costs associated with the sale or exchange."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health on Campus Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The 2007 National Survey of Counseling Center Directors found that the average ratio of counselors to students on campus is nearly 1 to 2,000 and is often far higher on large campuses. The International Association of Counseling Services accreditation standards recommend 1 counselor per 1,000 to 1,500 students. (2) College counselors report that 8.5 percent of enrolled students sought counseling in the past year, totaling an estimated 1,600,000 students. (3) Over 90 percent of counseling directors believe there is an increase in the number of students coming to campus with severe psychological problems. The majority of counseling directors report concerns that the demand for services is growing without an increase in resources. (4) A 2008 American College Health Association survey revealed that 43 percent of students at colleges and universities report having felt so depressed it was difficult to function, and one out of every 11 students seriously considered suicide within the past year. (5) Research conducted between 1989 and 2002 found that students seen for anxiety disorders doubled, for depression tripled, and for serious suicidal intention tripled. (6) Many students who need help never receive it. Counseling directors report that, of the students who committed suicide on their campuses, only 22 percent were current or former counseling center clients. Directors did not know the previous psychiatric history of 60 percent of those students. (7) A survey conducted by the University of Idaho Student Counseling Center in 2000 found that 77 percent of students who responded reported that they were more likely to stay in school because of counseling and that their school performance would have declined without counseling. (8) A 6-year longitudinal study of college students found that personal and emotional adjustment was an important factor in retention and predicted attrition as well as, or better than, academic adjustment (Gerdes & Mallinckrodt, 1994). SEC. 3. IMPROVING MENTAL AND BEHAVIORAL HEALTH ON COLLEGE CAMPUSES. Title V of the Public Health Service Act is amended by inserting after section 520E-2 (42 U.S.C. 290bb-36b) the following: ``SEC. 520E-3. GRANTS TO IMPROVE MENTAL AND BEHAVIORAL HEALTH ON COLLEGE CAMPUSES. ``(a) Purpose.--It is the purpose of this section, with respect to college and university settings, to-- ``(1) increase access to mental and behavioral health services; ``(2) foster and improve the prevention of mental and behavioral health disorders, and the promotion of mental health; ``(3) improve the identification and treatment for students at risk; ``(4) improve collaboration and the development of appropriate levels of mental and behavioral health care; ``(5) reduce the stigma for students with mental health disorders and enhance their access to mental health services; and ``(6) improve the efficacy of outreach efforts. ``(b) Grants.--The Secretary, acting through the Administrator and in consultation with the Secretary of Education, shall award competitive grants to eligible entities to improve mental and behavioral health services and outreach on college and university campuses. ``(c) Eligibility.--To be eligible to receive a grant under subsection (b), an entity shall-- ``(1) be an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the information required under subsection (d). ``(d) Application.--An application for a grant under this section shall include-- ``(1) a description of the population to be targeted by the program carried out under the grant, the particular mental and behavioral health needs of the students involved, and the Federal, State, local, private, and institutional resources available for meeting the needs of such students at the time the application is submitted; ``(2) an outline of the objectives of the program carried out under the grant; ``(3) a description of activities, services, and training to be provided under the program, including planned outreach strategies to reach students not currently seeking services; ``(4) a plan to seek input from community mental health providers, when available, community groups, and other public and private entities in carrying out the program; ``(5) a plan, when applicable, to meet the specific mental and behavioral health needs of veterans attending institutions of higher education; ``(6) a description of the methods to be used to evaluate the outcomes and effectiveness of the program; and ``(7) an assurance that grant funds will be used to supplement, and not supplant, any other Federal, State, or local funds available to carry out activities of the type carried out under the grant. ``(e) Special Considerations.--In awarding grants under this section, the Secretary shall give special consideration to applications that describe programs to be carried out under the grant that-- ``(1) demonstrate the greatest need for new or additional mental and behavioral health services, in part by providing information on current ratios of students to mental and behavioral health professionals; ``(2) propose effective approaches for initiating or expanding campus services and supports using evidence-based practices; ``(3) target traditionally underserved populations and populations most at risk; ``(4) where possible, demonstrate an awareness of, and a willingness to, coordinate with a community mental health center or other mental health resource in the community, to support screening and referral of students requiring intensive services; ``(5) identify how the college or university will address psychiatric emergencies, including how information will be communicated with families or other appropriate parties; and ``(6) demonstrate the greatest potential for replication and dissemination. ``(f) Use of Funds.--Amounts received under a grant under this section may be used to-- ``(1) provide mental and behavioral health services to students, including prevention, promotion of mental health, screening, early intervention, assessment, treatment, management, and education services relating to the mental and behavioral health of students; ``(2) provide outreach services to notify students about the existence of mental and behavioral health services; ``(3) educate families, peers, faculty, staff, and communities to increase awareness of mental health issues; ``(4) support student groups on campus that engage in activities to educate students, reduce stigma surrounding mental and behavioral disorders, and promote mental health wellness; ``(5) employ appropriately trained staff; ``(6) expand mental health training through internship, post-doctorate, and residency programs; ``(7) develop and support evidence-based and emerging best practices, including a focus on culturally and linguistically appropriate best practices; and ``(8) evaluate and disseminate best practices to other colleges and universities. ``(g) Duration of Grants.--A grant under this section shall be awarded for a period not to exceed 3 years. ``(h) Evaluation and Reporting.-- ``(1) Evaluation.--Not later than 18 months after the date on which a grant is received under this section, the eligible entity involved shall submit to the Secretary the results of an evaluation to be conducted by the entity concerning the effectiveness of the activities carried out under the grant and plans for the sustainability of such efforts. ``(2) Report.--Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of-- ``(A) the evaluations conducted under paragraph (1); and ``(B) an evaluation conducted by the Secretary to analyze the effectiveness and efficacy of the activities conducted with grants under this section. ``(i) Technical Assistance.--The Secretary may provide technical assistance to grantees in carrying out this section. ``(j) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ``SEC. 520E-4. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDUCATION ON COLLEGE CAMPUSES. ``(a) Purpose.--It is the purpose of this section to increase access to, and reduce the stigma associated with, mental health services so as to ensure that college students have the support necessary to successfully complete their studies. ``(b) National Public Education Campaign.--The Secretary, acting through the Administrator and in collaboration with the Director of the Centers for Disease Control and Prevention, shall convene an interagency, public-private sector working group to plan, establish, and begin coordinating and evaluating a targeted public education campaign that is designed to focus on mental and behavioral health on college campuses. Such campaign shall be designed to-- ``(1) improve the general understanding of mental health and mental health disorders; ``(2) encourage help-seeking behaviors relating to the promotion of mental health, prevention of mental health disorders, and treatment of such disorders; ``(3) make the connection between mental and behavioral health and academic success; and ``(4) assist the general public in identifying the early warning signs and reducing the stigma of mental illness. ``(c) Composition.--The working group under subsection (b) shall include-- ``(1) mental health consumers, including students and family members; ``(2) representatives of colleges and universities; ``(3) representatives of national mental and behavioral health and college associations; ``(4) representatives of college health promotion and prevention organizations; ``(5) representatives of mental health providers, including community mental health centers; and ``(6) representatives of private- and public-sector groups with experience in the development of effective public health education campaigns. ``(d) Plan.--The working group under subsection (b) shall develop a plan that shall-- ``(1) target promotional and educational efforts to the college age population and individuals who are employed in college and university settings, including the use of roundtables; ``(2) develop and propose the implementation of research- based public health messages and activities; ``(3) provide support for local efforts to reduce stigma by using the National Mental Health Information Center as a primary point of contact for information, publications, and service program referrals; and ``(4) develop and propose the implementation of a social marketing campaign that is targeted at the college population and individuals who are employed in college and university settings. ``(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. SEC. 4. INTERAGENCY WORKING GROUP ON COLLEGE MENTAL HEALTH. (a) Purpose.--It is the purpose of this section, pursuant to Executive Order 13263 (and the recommendations issued under section 6(b) of such Order), to provide for the establishment of a College Campus Task Force under the Federal Executive Steering Committee on Mental Health, to discuss mental and behavioral health concerns on college and university campuses. (b) Establishment.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a College Campus Task Force (referred to in this section as the ``Task Force''), under the Federal Executive Steering Committee on Mental Health, to discuss mental and behavioral health concerns on college and university campuses. (c) Membership.--The Task Force shall be composed of a representative from each Federal agency (as appointed by the head of the agency) that has jurisdiction over, or is affected by, mental health and education policies and projects, including-- (1) the Department of Education; (2) the Department of Health and Human Services; (3) the Department of Veterans Affairs; and (4) such other Federal agencies as the Administrator of the Substance Abuse and Mental Health Services Administration and the Secretary jointly determine to be appropriate. (d) Duties.--The Task Force shall-- (1) serve as a centralized mechanism to coordinate a national effort-- (A) to discuss and evaluate evidence and knowledge on mental and behavioral health services available to, and the prevalence of mental health illness among, the college age population of the United States; (B) to determine the range of effective, feasible, and comprehensive actions to improve mental and behavioral health on college and university campuses; (C) to examine and better address the needs of the college age population dealing with mental illness; (D) to survey Federal agencies to determine which policies are effective in encouraging, and how best to facilitate outreach without duplicating, efforts relating to mental and behavioral health promotion; (E) to establish specific goals within and across Federal agencies for mental health promotion, including determinations of accountability for reaching those goals; (F) to develop a strategy for allocating responsibilities and ensuring participation in mental and behavioral health promotions, particularly in the case of competing agency priorities; (G) to coordinate plans to communicate research results relating to mental and behavioral health amongst the college age population to enable reporting and outreach activities to produce more useful and timely information; (H) to provide a description of evidence-based best practices, model programs, effective guidelines, and other strategies for promoting mental and behavioral health on college and university campuses; (I) to make recommendations to improve Federal efforts relating to mental and behavioral health promotion on college campuses and to ensure Federal efforts are consistent with available standards and evidence and other programs in existence as of the date of enactment of this Act; and (J) to monitor Federal progress in meeting specific mental and behavioral health promotion goals as they relate to college and university settings; (2) consult with national organizations with expertise in mental and behavioral health, especially those organizations working with the college age population; and (3) consult with and seek input from mental health professionals working on college and university campuses as appropriate. (e) Meetings.-- (1) In general.--The Task Force shall meet at least 3 times each year. (2) Annual conference.--The Secretary shall sponsor an annual conference on mental and behavioral health in college and university settings to enhance coordination, build partnerships, and share best practices in mental and behavioral health promotion, data collection, analysis, and services. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.", "summary": "Mental Health on Campus Improvement Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants to eligible institutions of higher education to improve mental and behavioral health services and outreach on college and university campuses. Directs the Secretary to give special consideration to programs that: (1) demonstrate the greatest need; (2) propose effective approaches for initiating or expanding campus services; (3) target underserved and at-risk populations; (4) coordinate with a community mental health center or other community mental health resources; (5) identify how the college or university will address psychiatric emergencies; and (6) demonstrate the greatest potential for replication and dissemination. Allows the Secretary to provide technical assistance to grantees. Requires the Secretary, acting through the Administrator, to convene an interagency, public-private sector working group to plan, establish, and begin coordinating and evaluating a targeted public education campaign that is designed to focus on mental and behavioral health on college campuses. Requires the Secretary to establish the College Campus Task Force to discuss mental and behavioral health concerns on college and university campuses."}
{"article": "SECTION 1. INVESTMENT CREDIT FOR STAGE 3 AIRCRAFT MODIFICATIONS. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) the stage 3 aircraft modification credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(c) Stage 3 Aircraft Modification Credit.-- ``(1) In general.--For purposes of section 46, the stage 3 aircraft modification credit is the stage 3 aircraft modification percentage of the basis of each stage 3 aircraft modification property placed in service during the taxable year. ``(2) Stage 3 aircraft modification percentage.--The stage 3 aircraft modification percentage is 10 percent. ``(3) Qualified stage 3 aircraft modification property.-- For purposes of this subpart-- ``(A) In general.--The term `qualified stage 3 aircraft modification property' means tangible property-- ``(i) which is an integral part of and modification of a nonstage 3 aircraft (including the installation of different engines or the retrofit of the existing engines with sound attenuation devices), ``(ii) which is certificated by the Federal Aviation Administration and is made to qualify the aircraft for the stage 3 noise level requirements, and ``(iii) the original use of which begins with the taxpayer. ``(B) Stage 3 noise level.--The term `stage 3 noise level' has the meaning given such term by section 36.1(f)(5) of title 14, Code of Regulations (as in effect on February 15, 1993). ``(C) Nonstage 3 aircraft.--The term `nonstage 3 aircraft' means an aircraft with a maximum gross takeoff weight in excess of 75,000 pounds which did not meet the stage 3 noise level requirements before the stage 3 aircraft modification property was installed. ``(4) Special rule for certain purchases and leases.--For purposes of paragraph (3)(A)(iii), a qualified stage 3 aircraft modification property shall be treated as originally placed in service by a person if it is sold to such person or is leased by such person within 3 months of the date such modifications are made.'' (c) Stage 3 Aircraft Modification Credit Allowable Against Regular Tax and Alternative Minimum Tax.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by adding at the end the following new paragraph: ``(3) Special rules for stage 3 aircraft modification credit.-- ``(A) Liability for tax.--In the case of the stage 3 aircraft modification credit, the credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(i) the sum of-- ``(I) the taxpayer's tentative minimum tax liability under section 55(b) for such taxable year determined without regard to the stage 3 aircraft modification credit, plus ``(II) the taxpayer's regular tax liability for such taxable year (as defined in section 26(b)), over ``(ii) the sum of the credits allowable against the taxpayer's regular tax liability under part IV (other than section 34 and the stage 3 aircraft modification credit). ``(B) Application of the credit.--Each of the following amounts shall be reduced by the full amount of the credit determined under subparagraph (A): ``(i) the taxpayer's tentative minimum tax under section 55(b) for the taxable year, and ``(ii) the taxpayer's regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under part IV (other than section 34 and the stage 3 aircraft modification credit). If the amount of the credit determined under subparagraph (A) exceeds the amount described in clause (ii) of subparagraph (B), then the excess shall be deemed to be the adjusted net minimum tax for such taxable year for purposes of section 53.'' (d) Technical and Conforming Amendments.-- (1) Paragraph (1) of section 38(c) of such Code is amended by striking ``The credit'' and inserting ``Except as provided in paragraph (3), the credit''. (2) Paragraph (2) of section 55(c) of such Code is amended-- (A) by striking ``For provisions'' and inserting ``(A) For provisions'', and (B) by adding at the end the following new subparagraph: ``(B) For provisions allowing the stage 3 aircraft modification credit against the tax imposed by this section, see section 38(c)(3).'' (3) Section 49(a)(1)(C) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the basis of any qualified stage 3 aircraft modification property.'' (4)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (e) Effective Date.--The amendments made by this section apply to stage 3 aircraft modification property completed after December 31, 1991, and placed in service after December 31, 1991, and before January 1, 1997.", "summary": "Amends the Internal Revenue Code to allow businesses an investment tax credit for costs incurred for noise modification of aircraft from stage 2 levels to stage 3 levels. Allows such credit against the regular tax and alternative minimum tax."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Taking Account of Institutions with Low Operation Risk Act of 2015'' or the ``TAILOR Act of 2015''. SEC. 2. REGULATIONS APPROPRIATE TO BUSINESS MODELS. (a) In General.--For any regulatory action occurring subsequent to enactment of this section, and notwithstanding any other provision of law, the Federal financial institutions regulatory agencies shall-- (1) take into consideration the risk profile and business models of the various institutions or classes of institutions subject to the regulatory action; (2) determine the necessity, appropriateness, and impact of applying such regulatory action to such institutions or classes of institutions; and (3) tailor such regulatory action applicable to such institutions or class of institutions in a manner that limits the regulatory compliance impact, cost, liability risk, and other burdens as is appropriate for the risk profile and business model involved. (b) Other Considerations.--In satisfying the requirements of subsection (a) and when implementing such regulatory action, the Federal financial institutions regulatory agencies shall also consider-- (1) the impact that such regulatory action, both by itself and in conjunction with the aggregate effect of other regulations, has on the ability of the institution or class of institutions to flexibly serve evolving and diverse customer needs; (2) the potential unintended impact of examination manuals or other regulatory directives that work in conflict with the tailoring of such regulatory action described in subsection (a)(3); and (3) the underlying policy objectives of the regulatory action and statutory scheme involved. (c) Notice of Proposed and Final Rulemaking.--The Federal financial institutions regulatory agencies shall disclose in every notice of proposed rulemaking and in any final rulemaking for a regulatory action how the agency has applied subsections (a) and (b). (d) Reports to Congress.-- (1) Individual agency reports.-- (A) In general.--The Federal financial institutions regulatory agencies shall individually report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, within twelve months of enactment of this section and annually thereafter, on the specific actions taken to tailor the agency's regulatory actions pursuant to the requirements of this section. (B) Appearance before the committees.--The head of each Federal financial institution regulatory agency shall appear before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate after each report is made pursuant to subparagraph (A), to testify on the contents of such report. (2) FIEC reports.-- (A) In general.--The Financial Institutions Examination Council shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, within three months after the reports required under paragraph (1)-- (i) on the extent to which regulatory actions tailored pursuant to this section result in differential regulation of similarly- situated institutions of diverse charter types with respect to comparable regulations; and (ii) the reasons for such differential treatment. (B) Appearance before the committees.--The Chairman of the Financial Institutions Examination Council shall appear before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate after each report is made pursuant to subparagraph (A), to testify on the contents of such report. (e) Limited Look-Back Application.--The Federal financial institutions regulatory agencies shall conduct a review of all regulations adopted during the period beginning on the date that is five years before the date of the introduction of this Act in the House of Representatives and ending on the date of the enactment of this Act and apply the requirements of this section to such regulations. If the application of the requirements of this section to any such regulation requires such regulation to be revised, the agency shall revise such regulation within three years of the enactment of this section. (f) Definitions.--For purposes of this section, the following definitions shall apply: (1) Federal financial institutions regulatory agencies.-- The term ``Federal financial institutions regulatory agencies'' means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Bureau of Consumer Financial Protection. (2) Regulatory action.--The term ``regulatory action'' means any proposed, interim, or final rule or regulation, guidance, or published interpretation.", "summary": ". Taking Account of Institutions with Low Operation Risk Act of 2015 or the TAILOR Act of 2015 (Sec. 2) This bill directs the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Consumer Financial Protection Bureau (federal financial institutions regulatory agencies) to: take into consideration the risk profile and business models of institutions subject to regulatory action; determine the necessity, appropriateness, and impact of applying that action to such institutions; and tailor regulatory action so as to limit the burden of regulatory compliance as befits the risk profile and business model involved. The federal financial institutions regulatory agencies shall also consider: the impact that such regulatory action has upon the ability of the institution to flexibly serve evolving and diverse customer needs, the potential unintended impact of examination manuals or other regulatory directives that work in conflict with the tailoring of such regulatory action, and the underlying policy objectives of the regulatory action and statutory scheme involved. In addition, a federal financial institutions regulatory agency must disclose in every notice of a proposed and final rulemaking for a regulatory action how it has applied this bill. The Financial Institutions Examination Council shall report to Congress on the extent to which regulatory actions tailored pursuant to this bill result in differential regulation of similarly-situated institutions of diverse charter types with respect to comparable regulations. The agencies must also apply the requirements of this bill to all regulations adopted five years before the introduction of this bill and ending on the date of its enactment."}
{"article": "SECTION 1. CONSIDERATIONS IN THE APPROVAL OF H-2A PETITIONS. Section 218(a) (8 U.S.C. 1188(a)) of the Immigration and Nationality Act is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) In considering an employer's petition for admission of H-2A aliens, the Attorney General shall consider the certification decision of the Secretary of Labor and shall consider any countervailing evidence submitted by the employer with respect to the nonavailability of United States workers and the employer's compliance with the requirements of this section, and may consult with the Secretary of Agriculture.''. SEC. 2. CONDITION FOR DENIAL OF LABOR CERTIFICATION. Section 218(b)(4) (8 U.S.C. 1188(b)(4)) of the Immigration and Nationality Act is amended to read as follows: ``(4) Determination by the secretary.--The Secretary determines that the employer has not filed a job offer for the position to be filled by the alien with the appropriate local office of the State employment security agency having jurisdiction over the area of intended employment, or with the State office of such an agency if the alien will be employed in an area within the jurisdiction of more than one local office of such an agency, which meets the criteria of paragraph (5). ``(5) Required terms and conditions of employment.--The Secretary determines that the employer's job offer does not meet one or more of the following criteria: ``(A) Required rate of pay.--The employer has offered to pay H-2A aliens and all other workers in the occupation in the area of intended employment an adverse effect wage rate of not less than the median rate of pay for similarly employed workers in the area of intended employment. ``(B) Provision of housing.-- ``(i) In general.--The employer has offered to provide housing to H-2A aliens and those workers not reasonably able to return to their residence within the same day, without charge to the worker. The employer may, at the employer's option, provide housing meeting applicable Federal standards for temporary labor camps, or provide rental or public accommodation type housing which meets applicable local or state standards for such housing. ``(ii) Housing allowance as alternative.-- In lieu of offering the housing required in clause (i), the employer may provide a reasonable housing allowance to workers not reasonably able to return to their place of residence within the same day, but only if the Secretary determines that housing is reasonably available within the approximate area of employment. An employer who offers a housing allowance pursuant to this subparagraph shall not be deemed to be a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) merely by virtue of providing such housing allowance. ``(iii) Special housing standards for short duration employment.-- The Secretary shall promulgate special regulations permitting the provision of short-term temporary housing for workers employed in occupations in which employment is expected to last 40 days or less. ``(iv) Transitional period for provision of special housing standards in other employment.--For a period of five years after the date of enactment of this section, the Secretary shall approve the provision of housing meeting the standards described in clause (iii) in occupations expected to last longer than 40 days in areas where available housing meeting the criteria described in subparagraph (i) is found to be insufficient. ``(v) Preemption of state and local standards.--The standards described in clauses (ii) and (iii) shall preempt any State and local standards governing the provision of temporary housing to agricultural workers. ``(C) Reimbursement of transportation costs.--The employer has offered to reimburse H-2A aliens and workers recruited from beyond normal commuting distance the most economical common carrier transportation charge and reasonable subsistence from the place from which the worker comes to work for the employer, (but not more than the most economical common carrier transportation charge from the worker's normal place of residence) if the worker completes 50 percent of the anticipated period of employment. If the worker recruited from beyond normal commuting distance completes the period of employment, the employer will provide or pay for the worker's transportation and reasonable subsistence to the worker's next place of employment, or to the worker's normal place of residence, whichever is less. ``(D) Guarantee of employment.--The employer has offered to guarantee the worker employment for at least three-fourths of the workdays of the employer's actual period of employment in the occupation. Workers who abandon their employment or are terminated for cause shall forfeit this guarantee. ``(6) Preference for united states workers.--The employer has not assured on the application that the employer will provide employment to all qualified United States workers who apply to the employer and assure that they will be available at the time and place needed until the time the employer's foreign workers depart for the employer's place of employment (but not sooner than 5 days before the date workers are needed), and will give preference in employment to United States workers who are immediately available to fill job opportunities that become available after the date work in the occupation begins.''. SEC. 3. SPECIAL RULES APPLICABLE TO THE ISSUANCE OF LABOR CERTIFICATIONS. Section 218(c) (8 U.S.C. 1188(c)) of the Immigration and Nationality Act is amended to read as follows: ``(c) Special Rules Applicable to the Issuance of Labor Certifications.--The following rules shall apply to the issuance of labor certifications by the Secretary under this section: ``(1) Deadline for filing applications.--The Secretary may not require that the application be filed more than 40 days before the first date the employer requires the labor or services of the H-2A worker. ``(2) Notice within seven days of deficiencies.-- ``(A) The employer shall be notified in writing within seven calendar days of the date of filing, if the application does not meet the criteria described in subsection (b) for approval. ``(B) If the application does not meet such criteria, the notice shall specify the specific deficiencies of the application and the Secretary shall provide an opportunity for the prompt resubmission of a modified application. ``(3) Issuance of certification.-- ``(A) The Secretary shall provide to the employer, not later than 20 days before the date such labor or services are first required to be performed, the certification described in subsection (a)(1)-- ``(i) with respect to paragraph (a)(1)(A) if the employer's application meets the criteria described in subsection (b), or a statement of the specific reasons why such certification cannot be made, and ``(ii) with respect to subsection (a)(1)(B), to the extent that the employer does not actually have, or has not been provided with the names, addresses and Social Security numbers of workers referred to the employer who are able, willing and qualified and have indicated they will be available at the time and place needed to perform such labor or services on the terms and conditions of the job offer approved by the Secretary. For each worker referred, the Secretary shall also provide the employer with information sufficient to permit the employer to contact the referred worker for the purpose of reconfirming the worker's availability for work at the time and place needed. ``(B) If, at the time the Secretary determines that the employer's job offer meets the criteria described in subsection (b) there are already unfilled job opportunities in the occupation and area of intended employment for which the employer is seeking workers, the Secretary shall provide the certification at the same time the Secretary approves the employer's job offer.''. SEC. 4. EXPEDITED APPEALS OF CERTAIN DETERMINATIONS. Section 218(e) (8 U.S.C 1188(e)) of the Immigration and Nationality Act is amended to read as follows: ``(e) Expedited Appeals of Certain Determinations.--The Secretary shall provide by regulation for an expedited procedure for the review of the nonapproval of an employer's job offer pursuant to subsection (c)(2) and of the denial of certification in whole or in part pursuant to subsection (c)(3) or, at the applicant's request, a de novo administrative hearing respecting the nonapproval or denial.''. SEC. 5. PROCEDURES FOR THE CONSIDERATION OF H-2A PETITIONS. Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended-- (1) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and (2) by adding the following after subsection (e): ``(f) Procedures for the Consideration of H-2A Petitions.--The following procedures shall apply to the consideration of petitions by the Attorney General under this section: ``(1) Expedited processing of petitions.--The Attorney General shall provide an expedited procedure for the adjudication of petitions filed under this section, and the notification of visa-issuing consulates where aliens seeking admission under this section will apply for visas and/or ports of entry where aliens will seek admission under this section within 15 calendar days from the date such petition is filed by the employer. ``(2) Expedited amendments to petitions.--The Attorney General shall provide an expedited procedure for the amendment of petitions to increase the number of workers on or after five days before the employers date of need for the labor or services involved in the petition to replace referred workers whose continued availability for work at the time and place needed under the terms of the approved job offer can not be confirmed and to replace referred workers who fail to report for work on the date of need and replace referred workers who abandon their employment or are terminated for cause, and for which replacement workers are not immediately available pursuant to subsection (b)(6).''. SEC. 6. LIMITATION ON EMPLOYER LIABILITY. Section 218(g) (8 U.S.C. 1188(g)) of the Immigration and Nationality Act is amended-- (1) by redesignating paragraph (2) as paragraph (2)(A); and (2) by inserting after paragraph (2)(A) the following: ``(B) No employer shall be subject to any liability or punishment on the basis of an employment action or practice by such employer that conforms with the terms and conditions of a job offer approved by the Secretary pursuant to this section, unless and until the employer has been notified that such certification has been amended or invalidated by a final order of the Secretary or of a court of competent jurisdiction.''. SEC. 7. LIMITATION ON JUDICIAL REMEDIES. Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end thereof the following: ``(3) No court of the United States shall have jurisdiction to issue any restraining order or temporary or permanent injunction preventing or delaying the issuance by the Secretary of a certification pursuant to this section, or the approval by the Attorney General of a petition to import an alien as an H- 2A worker, or the actual importation of any such alien as an H- 2A worker following such approval by the Attorney General.''.", "summary": "Amends the Immigration and Nationality Act to revise the temporary agricultural worker (H-2A visa) program with respect to: (1) H-2A petition considerations and approvals; (2) labor certification denial; (3) reduction in deadline filing; (4) expedited appeal of certain decisions; and (5) limitations on employer liability and judicial remedies."}
{"article": ". (a) Holding Salaries in Escrow.-- (1) In general.--If by April 15, 2017, a House of Congress has not agreed to a concurrent resolution on the budget for fiscal year 2018 pursuant to section 301 of the Congressional Budget Act of 1974, during the period described in paragraph (2) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (2) Period described.--With respect to a House of Congress, the period described in this paragraph is the period which begins on April 16, 2017, and ends on the earlier of-- (A) the day on which the House of Congress agrees to a concurrent resolution on the budget for fiscal year 2018 pursuant to section 301 of the Congressional Budget Act of 1974; or (B) the last day of the One Hundred Fifteenth Congress. (3) Withholding and remittance of amounts from payments held in escrow.--The payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1). (4) Release of amounts at end of the congress.--In order to ensure that this section is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Fifteenth Congress. (5) Role of secretary of the treasury.--The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (b) Treatment of Delegates as Members.--In this section, the term ``Member of Congress'' includes a Delegate or Resident Commissioner to the Congress. (c) Payroll Administrator Defined.--In this section, the term ``payroll administrator'' of a House of Congress means-- (1) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (2) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. SEC. 3. DETERMINATION OF COMPLIANCE WITH STATUTORY REQUIREMENT TO SUBMIT THE PRESIDENT'S BUDGET. Not later than 3 days after the President's budget is due, the Inspector General of the Office of Personnel Management shall-- (1) make an annual determination of whether the Director of the Office of Management and Budget (OMB) and the President are in compliance with section 1105 of title 31, United States Code; and (2) provide a written notification of such determination to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate and the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives. SEC. 4. NO PAY UPON FAILURE TO TIMELY SUBMIT THE PRESIDENT'S BUDGET TO CONGRESS. (a) In General.--Notwithstanding any other provision of law, no funds may be appropriated or otherwise be made available from the United States Treasury for the pay of the Director of OMB, Deputy Director of OMB, and the Deputy Director for Management of OMB during any period of noncompliance determined by the Inspector General of the Office of Personnel Management under section 3. (b) No Retroactive Pay.--The Director of OMB, Deputy Director of OMB, and the Deputy Director for Management of OMB may not receive pay for any period of noncompliance determined by the Inspector General of the Office of Personnel Management under section 3 at any time after the end of that period. SEC. 5. EFFECTIVE DATE. Sections 3 and 4 shall take effect upon the date of enactment of this Act.", "summary": "Protection From Obamacare Mandates and Congressional Equity Act This bill withholds the salaries of Members of a house of Congress that has not agreed to a budget resolution for FY2018 by April 15, 2017, as required by the Congressional Budget Act of 1974. Salaries are withheld from April 16, 2017, until the house of Congress agrees to a budget resolution or the last day of the 115th Congress, whichever is earlier. The Inspector General of the Office of Personnel Management (OPM), by three days after the President's budget is due, shall: (1) make an annual determination of whether the Office of Management and Budget (OMB) and the President are in compliance with statutory requirements for the President's annual budget submission to Congress, and (2) provide a written notification of such determination to specified congressional committees. No funds may be appropriated or otherwise be made available from the Treasury for the pay of the Director, Deputy Director, and Deputy Director for Management of the OMB during any period of noncompliance determined by the OPM Inspector General. Such officials may not receive pay for any period of noncompliance at any time after the end of that period."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Recycled Roads Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) in 2000, there were more than 3,951,000 miles of highways in the United States; (2) in the early 1990s, as much as 350,000,000 tons of raw and recyclable material were used annually for highway construction, rehabilitation, and maintenance; (3) in 2002, the Federal Government provided $26,348,000,000, or more than 34 percent of funding, for highways in the United States; (4) at least 45 States recycle a total of 73,000,000 tons of reclaimed asphalt pavement annually, the use of which results in an annual savings of approximately $300,000,000 as compared with the cost of using raw material; (5) in 2002, the Federal Highway Administration issued a policy encouraging States to use recycled material in highway construction because recycling and reuse can offer engineering, economic, and environmental benefits; (6) greater incorporation of recyclable material in highway construction would-- (A) provide a significant new national market for the use of recyclable material; (B) create new markets and incentives for recycling in small communities; (C) conserve raw material; and (D) reduce the quantities of waste deposited in landfills in the United States (which would produce an additional savings for the Federal Government and State governments); and (7) the increased use of recyclable material in highway construction could-- (A) provide additional opportunities for rural economic development; and (B) encourage expanded use of biomass products. SEC. 3. USE OF RECYCLABLE MATERIAL IN FEDERAL-AID HIGHWAY CONSTRUCTION. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after section 138 the following: ``Sec. 139. Use of recyclable material in Federal-aid highway construction ``(a) Definition of Recyclable Material.--In this section: ``(1) In general.--The term `recyclable material' means any material described in paragraph (2) that is determined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency-- ``(A) to be recyclable and usable in construction of a Federal-aid highway; and ``(B) to have undergone a recycling process to prepare the material for further use. ``(2) Materials.--The materials referred to in paragraph (1) are-- ``(A) glass; ``(B) forest biomass; ``(C) a used tire or tire product; ``(D) reclaimed asphalt; ``(E) plastic; and ``(F) any other suitable material that does not contain a total concentration of any toxic constituent that poses a risk to human health or the environment-- ``(i) during preconstruction activity, including storage, transportation, or preparation of the material for use in road construction; ``(ii) during the useful life of the road; or ``(iii) after the useful life of the road, including subsequent recycling, reuse, or disposal of components of or debris from the road. ``(b) Program.-- ``(1) Establishment.--The Secretary shall establish a recycled roads incentive grant program to encourage the expanded use by States and Indian tribes of a diverse range of recyclable material in the construction of Federal-aid highways. ``(2) Grants.--In carrying out this section, the Secretary shall provide to each State or qualified (as determined by the Secretary) Indian tribe-- ``(A) a grant, in an amount not to exceed $125,000 for a fiscal year, to be used by the State or Indian tribe in employing a coordinator to promote the use of a diverse range of recyclable material in Federal-aid highway construction; and ``(B) a grant, on a competitive basis, in an amount not to exceed $1,400,000 for a fiscal year, to be used by the State or Indian tribe in carrying out projects and activities to promote the expanded use of a diverse range of recyclable material in Federal-aid highway construction and maintenance, such as projects and activities to-- ``(i) eliminate economic barriers; ``(ii) develop markets; ``(iii) provide outreach, training, or technical assistance; or ``(iv) collect program and performance data. ``(3) Administration.-- ``(A) Redistribution of funds.--If funds made available for use in providing grants under subparagraph (A) or (B) of paragraph (2) for a fiscal year remain after the Secretary has provided grants under the subparagraph for the fiscal year, the Secretary-- ``(i) may use the remaining funds to provide additional grants under that paragraph for the fiscal year; but ``(ii) notwithstanding any other provision of this title, shall not use the funds to provide grants or assistance under any other program under this title. ``(B) Transportation and environmental cooperation.--In providing a grant to a State or Indian tribe under paragraph (2)(B), the Secretary shall encourage cooperation between transportation and environmental programs carried out by the State or Indian tribe. ``(C) Equitable treatment of states and indian tribes.--To the maximum extent practicable, the Secretary shall treat an Indian tribe as a State for the purpose of a grant provided under paragraph (2). ``(4) State and tribal reports.--For the fiscal year in which the program under this section is implemented and each fiscal year thereafter, each State and Indian tribe that receives a grant under paragraph (2) shall-- ``(A) collect a sampling of data pertaining to the use by the State or Indian tribe, during the fiscal year covered by the report, of recyclable material in the projects for construction of Federal-aid highways in the State or on land under the jurisdiction of the Indian tribe that are carried out under this section or any other provision of this title using at least $1,000,000 in Federal funds, including a description of-- ``(i) each type of recyclable material used; ``(ii) the quantity of each recyclable material used; and ``(iii) the proportion that-- ``(I) the quantity of each recyclable material used; bears to ``(II) the quantity of all recyclable material and raw material used; and ``(B) submit to the Secretary a report describing those data. ``(5) Quality control.--The Secretary shall ensure, to the maximum extent practicable, that data provided by a State or Indian tribe under paragraph (4) is of a sufficient quality and range to permit the Secretary to assess national accomplishments involving the use of recyclable material. ``(c) Reports.-- ``(1) Initial report.--Not later than 180 days after the date of enactment of the Recycled Roads Act of 2003, the Secretary shall submit to the appropriate committees of Congress a report on the program to be carried out under this section that includes-- ``(A) an overview of program requirements; ``(B) an analysis of any significant issues relating to the program; and ``(C) a proposed timeline for implementation of the program. ``(2) Annual reports.--Not later than 2 years after the date of enactment of the Recycled Roads Act of 2003, and annually thereafter on the date of issuance of the annual program performance report under section 1116 of title 31, United States Code, the Secretary shall submit to the appropriate committees of Congress a report on the program under this section, including, for each recyclable material used in the construction of a Federal-aid highway during the period covered by the report, the information described in subsection (b)(4). ``(d) Regulations.--The Secretary shall promulgate such regulations as are necessary to carry out this section. ``(e) Authorization of Appropriations.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account)-- ``(1) $10,125,000 for use in providing grants under subsection (b)(2)(A) for each fiscal year; and ``(2) $113,400,000 for use in providing grants under subsection (b)(2)(B) for each fiscal year.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 138 the following: ``139. Use of recyclable material in Federal-aid highway construction.''.", "summary": "Recycled Roads Act of 2003 - Directs the Secretary of Transportation to establish a recycled roads incentive grant program to encourage, and to make grants to States and Indian tribes to employ a coordinator and carry out projects and activities to promote, the expanded use of a diverse range of recyclable material in the construction and maintenance of Federal-aid highways. Directs the Secretary to: (1) encourage cooperation between transportation and environmental programs carried out by the State or Indian tribe; and (2) treat an Indian tribe as a State for the purpose of such grants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Information Health Insurance Nondiscrimination Act of 1997''. SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION. (a) Group Coverage.-- (1) Amendments to public health service act.-- (A) Inclusion of genetic testing.--Section 2702(a)(1)(F) of the Public Health Service Act (42 U.S.C. 300gg-1(a)(1)(F)), as added by section 102(a) of Health Insurance Portability and Accountability Act of 1996, is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Limitation on collection and disclosure of genetic information.--Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC INFORMATION. ``(a) Limitation on Collection.--A health insurance issuer may not request or require an individual to whom the issuer provides health insurance coverage in connection with a group health plan (or an individual who desires the issuer to provide health insurance coverage in connection with a group health plan ), and a group health plan may not request or require a participant or beneficiary under the plan (or an individual who desires to become such a participant or beneficiary), to disclose any genetic information or to obtain any genetic test. ``(b) Restriction on Disclosure.--Subject to subsection (c), a health insurance issuer in connection with health insurance coverage offered in connection with a group health plan and a group health plan may not disclose genetic information about an individual (regardless of how the information was obtained) without a prior written authorization of the individual (or legal representative of the individual) that includes-- ``(1) a description of the information being disclosed, ``(2) the name of the individual or person to whom the disclosure is being made, and ``(3) the purpose of the disclosure. Such authorization is required for each disclosure. ``(c) Exceptions to Disclosure Restriction.--Genetic information concerning an individual may be disclosed by a health insurance issuer or group health plan if such disclosure-- ``(1) is authorized under criminal laws relating to the identification of individuals, or is authorized under Federal or State law and is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; ``(2) is required under the specific order of a court; ``(3) is authorized under law for the purpose of establishing paternity; ``(4) is for the purpose of furnishing genetic information relating to a decedent to the blood relatives of the decedent for the purpose of medical diagnosis; or ``(5) is for the purpose of identifying a body. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (C) Definitions.--Section 2791(d) of the Public Health Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at the end the following new paragraph: ``(15) Genetic information; genetic test.--(A) The term `genetic information' means the information about genes, gene products, or inherited characteristics that may derive from an individual or a blood-relative of the individual. ``(B) The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual.''. (D) Conforming amendment.--Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.-- (A) Inclusion of genetic testing.--Section 702(a)(1)(F) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(1)(F)), as added by section 101(a) of Health Insurance Portability and Accountability Act of 1996, is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Limitation on collection and dislosure of genetic information.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC INFORMATION. ``(a) Limitation on Collection.--A health insurance issuer may not request or require an individual to whom the issuer provides health insurance coverage in connection with a group health plan (or an individual who desires the issuer to provide health insurance coverage in connection with a group health plan ), and a group health plan may not request or require a participant or beneficiary under the plan (or an individual who desires to become such a participant or beneficiary), to disclose any genetic information or to obtain any genetic test. ``(b) Restriction on Disclosure.--Subject to subsection (c), a health insurance issuer in connection with health insurance coverage offered in connection with a group health plan and a group health plan may not disclose genetic information about an individual (regardless of how the information was obtained) without a prior written authorization of the individual (or legal representative of the individual) that includes-- ``(1) a description of the information being disclosed, ``(2) the name of the individual or person to whom the disclosure is being made, and ``(3) the purpose of the disclosure. Such authorization is required for each disclosure. ``(c) Exceptions to Disclosure Restriction.--Genetic information concerning an individual may be disclosed by a health insurance issuer or group health plan if such disclosure-- ``(1) is authorized under criminal laws relating to the identification of individuals, or is authorized under Federal or State law and is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; ``(2) is required under the specific order of a court; ``(3) is authorized under law for the purpose of establishing paternity; ``(4) is for the purpose of furnishing genetic information relating to a decedent to the blood relatives of the decedent for the purpose of medical diagnosis; or ``(5) is for the purpose of identifying a body. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (C) Definitions.--Section 733(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1186(d)) is amended by adding at the end the following new paragraph: ``(5) Genetic information; genetic test.--(A) The term `genetic information' means the information about genes, gene products, or inherited characteristics that may derive from an individual or a blood-relative of the individual. ``(B) The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual.''. ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (D) Conforming amendments.--(i) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (iii) The table of contents in section 1 of such Act is amended by ins0erting after the item relating to section 712 the following new item: ``Sec. 713. Limitation on collection and disclosure of genetic information.''. (3) Internal revenue code amendments.-- (A) Genetic information.--Section 9802(a)(1)(F) of the Internal Revenue Code of 1986, as added by section 401(a) of the Health Insurance Portability and Accountability Act of 1996, is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Definitions.--Section 9805(d) of such Act is amended by adding at the end the following new paragraph: ``(6) Genetic information; genetic test.--(A) The term `genetic information' means the information about genes, gene products, or inherited characteristics that may derive from an individual or a blood-relative of the individual. ``(B) The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual.''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104-204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC INFORMATION. ``(a) In General.--The provisions of section 2706 (other than subsection (d)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (c) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. (2) The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.", "summary": "Genetic Information Health Insurance Nondiscrimination Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit group health plans and health insurance issuers offering group coverage from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Regulates the collection and disclosure of genetic information by plans and issuers. Amends the Internal Revenue Code to prohibit group health plans from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Amends the Public Health Service Act to regulate the collection and disclosure of genetic information by health insurance issuers offering individual coverage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011''. SEC. 2. ESTABLISHMENT AND COMPOSITION. (a) Terms.--Section 201(c) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(c)) is amended-- (1) in paragraph (1), by striking the last sentence and inserting the following: ``An individual is not eligible to serve more than two consecutive terms as a member of the Commission. Each member serving on the Commission on the date of enactment of the United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011 may be reappointed to not more than one additional consecutive term.''; (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``May 15, 2003, through May 14, 2005'' and inserting ``May 15, 2012, through May 14, 2014''; and (B) in subparagraph (E), by striking ``May 15, 2003, and shall end on May 14, 2004'' and inserting ``May 15, 2012, and shall end on May 14, 2013''; and (3) by adding at the end the following new paragraph: ``(3) Ineligibility for reappointment.--If a member of the Commission attends, by being physically present or by conference call, less than 75 percent of the meetings of the Commission during one of that member's terms on the Commission, the member shall not be eligible for reappointment to the Commission.''. (b) Election of Chair.--Section 201(d) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(d)) is amended by inserting at the end the following: ``No member of the Commission is eligible to be elected as Chair of the Commission for a second, consecutive term.''. (c) Applicability.--A member of the United States Commission on International Religious Freedom who is serving on the Commission on the date of enactment of this Act shall continue to serve on the Commission until the expiration of the current term of the member under the terms and conditions for membership on the Commission as in effect on the day before the date of the enactment of this Act. SEC. 3. APPLICATION OF ANTIDISCRIMINATION LAWS. Section 204 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432b) is amended by inserting after subsection (f) the following new subsection: ``(g) Application of Antidiscrimination Laws.--For purposes of providing remedies and procedures to address alleged violations of rights and protections that pertain to employment discrimination, family and medical leave, fair labor standards, employee polygraph protection, worker adjustment and retraining, veterans' employment and reemployment, intimidation or reprisal, protections under the Americans with Disabilities Act of 1990, occupational safety and health, labor- management relations, and rights and protections that apply to employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, all employees of the Commission shall be treated as employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives and the Commission shall be treated as an employing office of the Senate or the House of Representatives.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 207(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6435(a)) is amended by striking ``for the fiscal year 2003'' and inserting ``for each of the fiscal years 2012 and 2013''. SEC. 5. STANDARDS OF CONDUCT AND DISCLOSURE. Section 208 of the International Religious Freedom Act of 1998 (22 U.S.C. 6435a) is amended-- (1) in subsection (c)(1), by striking ``$100,000'' and inserting ``$250,000''; and (2) in subsection (e), by striking ``International Relations'' and inserting ``Foreign Affairs''. SEC. 6. TERMINATION. Section 209 of the International Religious Freedom Act of 1998 (22 U.S.C. 6436) is amended by striking ``September 30, 2011'' and inserting ``September 30, 2013''. SEC. 7. REPORT ON EFFECTIVENESS OF PROGRAMS TO PROMOTE RELIGIOUS FREEDOM. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the implementation of this Act and the amendments made by this Act. (b) Consultation.--The Comptroller General shall consult with the appropriate congressional committees and nongovernmental organizations for purposes of preparing the report. (c) Matters To Be Included.--The report shall include the following: (1) A review of the effectiveness of all United States Government programs to promote international religious freedom, including their goals and objectives. (2) An assessment of the roles and functions of the Office on International Religious Freedom established in section 101(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6411(a)) and the relationship of the Office to other offices in the Department of State. (3) A review of the role of the Ambassador at Large for International Religious Freedom appointed under section 101(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6411(b)) and the placement of such position within the Department of State. (4) A review and assessment of the goals and objectives of the United States Commission on International Religious Freedom established under section 201(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(a)). (5) A comparative analysis of the structure of the United States Commission on International Religious Freedom as an independent non-partisan entity in relation to other United States advisory commissions, whether or not such commissions are under the direct authority of Congress. (6) A review of the relationship between the Ambassador at Large for International Religious Freedom and the United States Commission on International Religious Freedom, and possible reforms that would improve the ability of both to reach their goals and objectives. (d) Definition.--In this section, the term ``appropriate congressional committees'' has the meaning given the term in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402).", "summary": "United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011 - Amends the International Religious Freedom Act of 1998 to prohibit: (1) an individual from serving more than two consecutive terms as a member of the U.S. Commission on International Religious Freedom, (2) each member serving on the date of enactment of this Act from being reappointed to more than one additional consecutive term, (3) a member attending less than 75% of the meetings during one of such member's terms from being eligible for reappointment, and (4) a member from being eligible to be elected as Chair of the Commission for a second, consecutive term. Establishes staggered office terms by modifying certain terms of office conditions for members appointed to serve from May 15, 2012, through May 14, 2014. Requires, for purposes of providing remedies and procedures to address alleged violations of rights and protections that pertain to various specified antidiscrimination laws, that all employees of the Commission be treated as employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives and that the Commission be treated as an employing office of the Senate or House. Increases to $250,000 the maximum amount the Commission may expend in any fiscal year to procure temporary or intermittent services contracts for the conduct of certain activities necessary to Commission functions. Extends the Commission's termination date to September 30, 2013."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Technological Resource to Assist Criminal Enforcement (TRACE) Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to increase public safety by assisting law enforcement in solving more gun-related crimes and offering prosecutors evidence to link felons to gun crimes through ballistics technology; (2) to provide for ballistics testing of all new firearms for sale to assist in the identification of firearms used in crimes; (3) to require ballistics testing of all firearms in custody of Federal agencies to assist in the identification of firearms used in crimes; and (4) to add ballistics testing to existing firearms enforcement programs. SEC. 3. DEFINITION OF BALLISTICS. Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) The term `ballistics' means a comparative analysis of fired bullets and cartridge casings to identify the firearm from which bullets and cartridge casings were discharged, through identification of the unique markings that each firearm imprints on bullets and cartridge casings.''. SEC. 4. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS. (a) Amendment.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) In addition to the other licensing requirements under this section, a licensed manufacturer or licensed importer shall-- ``(A) test fire firearms manufactured or imported by such licensees as specified by the Attorney General by regulation; ``(B) prepare ballistics images of the fired bullet and cartridge casings from the test fire; ``(C) make the records available to the Attorney General for entry in a computerized database; and ``(D) store the fired bullet and cartridge casings in such a manner and for such a period as specified by the Attorney General by regulation. ``(2) Nothing in this subsection creates a cause of action against any Federal firearms licensee or any other person for any civil liability except for imposition of a civil penalty under this section. ``(3)(A) The Attorney General shall assist firearm manufacturers and importers in complying with paragraph (1) by-- ``(i) acquiring, installing, and upgrading ballistics equipment and bullet and cartridge casing recovery equipment to be placed at or near the sites of licensed manufacturers and importers; ``(ii) hiring or designating sufficient personnel to develop and maintain a database of ballistics images of fired bullets and cartridge casings, research, and evaluation; ``(iii) providing education about the role of ballistics as part of a comprehensive firearm crime reduction strategy; ``(iv) providing for the coordination among Federal, State, and local law enforcement and regulatory agencies and the firearm industry to curb firearm-related crime and illegal firearm trafficking; and ``(v) taking other necessary steps to make ballistics testing effective. ``(B) The Attorney General shall-- ``(i) establish a computer system through which State and local law enforcement agencies can promptly access the ballistics records stored under this subsection, as soon as such a capability is available; and ``(ii) require training for all ballistics examiners. ``(4) The Attorney General shall conduct mandatory ballistics testing of all firearms obtained or in the possession of their respective agencies. ``(5) Not later than 3 years after the date of enactment of this subsection, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report regarding the implementation of this section, including-- ``(A) the number of Federal and State criminal investigations, arrests, indictments, and prosecutions of all cases in which access to ballistics records, provided under the system established under this section and under similar systems operated by any State, served as a valuable investigative tool in the prosecution of gun crimes; ``(B) the extent to which ballistics records are accessible across jurisdictions; and ``(C) a statistical evaluation of the test programs conducted pursuant to paragraph (4). ``(6) There are authorized to be appropriated to the Department of Justice $20,000,000 for each of the fiscal years 2004 through 2007, to carry out this subsection, to be used to-- ``(A) install ballistics equipment and bullet and cartridge casing recovery equipment; ``(B) establish sites for ballistics testing; ``(C) pay salaries and expenses of necessary personnel; and ``(D) conduct related research and evaluation.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraphs (2) and (3), the amendment made by subsection (a) shall take effect on the date on which the Attorney General, in consultation with the Board of the National Integrated Ballistics Information Network, certifies that the ballistics system used by the Department of Justice is sufficiently developed to support mandatory ballistics testing of new firearms. (2) Ballistics testing.--Section 923(m)(1) of title 18, United States Code, as added by subsection (a), shall take effect 2 years after the date of enactment of this Act. (3) Effective on date of enactment.--Section 923(m)(4) of title 18, United States Code, as added by subsection (a), shall take effect on the date of enactment of this Act. SEC. 5. PRIVACY RIGHTS OF LAW-ABIDING CITIZENS. Ballistics information of individual guns in any form or database established by this Act may not be used for prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime.", "summary": "Technological Resource to Assist Criminal Enforcement (TRACE) Act - Amends the Brady Handgun Violence Prevention Act to require a licensed manufacturer or importer of firearms to: (1) test fire manufactured or imported firearms as specified by the Attorney General; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Attorney General for entry into a computerized database; and (4) store the fired bullet and cartridge casings.Directs the Attorney General to assist firearm manufacturers and importers in complying with these requirements by: (1) acquiring, installing, and upgrading ballistics equipment and bullet and cartridge casing recovery equipment; (2) hiring or designating sufficient personnel to develop and maintain a ballistics database; (3) providing education about the role of ballistics; and (4) providing for the coordination among law enforcement, regulatory agencies, and the firearm industry to curb firearm-related crime and illegal firearm trafficking.Requires the Attorney General to: (1) establish a computer system through which State and local law enforcement agencies can promptly access ballistics records; (2) require training for all ballistics examiners; (3) conduct mandatory ballistics testing of all firearms obtained by or in the possession of the Department of Justice; and (4) report to Congress on the implementation of this Act.Prohibits the use of ballistics information of individual guns for prosecutorial purposes unless officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation."}
{"article": "SECTION 1. HOV FACILITIES. (a) In General.--Section 166 of title 23, United States Code, is amended to read as follows: ``Sec. 166. HOV facilities ``(a) Definitions.--In this section, the following definitions apply: ``(1) Alternative fuel vehicle.--The term `alternative fuel vehicle' means a dedicated vehicle that is operating solely on-- ``(A) methanol, denatured ethanol, or other alcohols; ``(B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels; ``(C) natural gas; ``(D) liquefied petroleum gas; ``(E) hydrogen; ``(F) fuels (except alcohol) derived from biological materials; ``(G) electricity (including electricity from solar energy); or ``(H) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits, including fuels regulated under section 490 of title 10, Code of Federal Regulations (or successor regulations). ``(2) HOV facility.--The term `HOV facility' means a high occupancy vehicle facility. ``(3) Public transportation vehicle.--The term `public transportation vehicle' means a vehicle that-- ``(A) provides designated public transportation (as defined in section 221 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12141)) or provides public school transportation (to and from public or private primary, secondary, or tertiary schools); and ``(B)(i) is owned or operated by a public entity; ``(ii) is operated under a contract with a public entity; or ``(iii) is operated pursuant to a license by the Secretary or a State agency to provide motorbus or school vehicle transportation services to the public. ``(4) State agency.-- ``(A) In general.--The term `State agency', as used with respect to a HOV facility, means an agency of a State or local government having jurisdiction over the operation of the facility. ``(B) Inclusion.--The term `State agency' includes a State transportation department. ``(b) State Requirements.-- ``(1) Authority of state agencies.--A State agency that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility. ``(2) Occupancy requirement.--Except as otherwise provided by this section, no fewer than 2 occupants per vehicle may be required for use of a HOV facility. ``(c) Exceptions.-- ``(1) In general.--Notwithstanding the occupancy requirement of subsection (b)(2), the exceptions in paragraphs (2) through (5) shall apply with respect to a State agency operating a HOV facility. ``(2) Motorcycles and bicycles.-- ``(A) In general.--Subject to subparagraph (B), the State agency shall allow motorcycles and bicycles to use the HOV facility. ``(B) Safety exception.-- ``(i) In general.--A State agency may restrict use of the HOV facility by motorcycles or bicycles (or both) if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification. ``(ii) Acceptance of certification.--The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification in the Federal Register and provides an opportunity for public comment. ``(3) Public transportation vehicles.--The State agency may allow public transportation vehicles to use the HOV facility if the agency establishes-- ``(A) requirements for clearly identifying the vehicles; and ``(B) procedures for enforcing the restrictions on the use of the facility by the vehicles. ``(4) High occupancy toll vehicles.--The State agency may allow vehicles not otherwise exempt pursuant to this subsection to use the HOV facility if the operators of the vehicles pay a toll charged by the agency for use of the facility and the agency-- ``(A) establishes a program that addresses how motorists can enroll and participate in the toll program; ``(B) develops, manages, and maintains a system that will automatically collect the toll; and ``(C) establishes policies and procedures-- ``(i) to manage the demand to use the facility by varying the toll amount that is charged; and ``(ii) to enforce violations of use of the facility. ``(5) Alternative fuel vehicles and new qualified plug-in electric drive motor vehicles.-- ``(A) Use of hov facilities.--For a period beginning not later than 1 year after the date of enactment of this section and ending on September 30, 2017, the State agency-- ``(i) may allow alternative fuel vehicles and new qualified plug-in electric drive motor vehicles (as defined in section 30D(d)(1) of the Internal Revenue Code of 1986), to use HOV facilities in the State; and ``(ii) shall establish procedures for use in enforcing the restrictions on that use of HOV facilities by those vehicles. ``(B) Existing programs and procedures.--The State agency shall-- ``(i) not later than 1 year after the date of enactment of this section, develop and publish in the Federal Register a plan for use in-- ``(I) revising the HOV facility programs and procedures of the State agency to ensure that those programs and procedures are in compliance with this section; and ``(II) notifying the public of any upcoming changes in vehicle eligibility for HOV facility usage; and ``(ii) not later than 3 years after the date of enactment of this section, update HOV facility programs and procedures in accordance with the plan described in clause (i). ``(d) Requirements Applicable to Tolls.-- ``(1) In general.--Notwithstanding sections 129 and 301, and except as provided in paragraph (2), tolls may be charged under subsection (c)(4). ``(2) Excess toll revenues.--If a State agency makes a certification under section 129(a)(3) with respect to toll revenues collected under subsection (c)(4), the State, in the use of toll revenues under subsection (c)(4), shall give priority consideration to projects for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. ``(e) HOV Facility Management, Operation, Monitoring, and Enforcement.-- ``(1) In general.--A State agency that allows vehicles to use a HOV facility under paragraph (4) or (5) of subsection (c) shall submit to the Secretary a report demonstrating that the facility is not already degraded, and that the presence of the vehicles will not cause the facility to become degraded, and certify that the agency will carry out the following responsibilities with respect to the facility: ``(A) Establishing, managing, and supporting a performance monitoring, evaluation, and reporting program for the HOV facility that provides for continuous monitoring, assessment, and reporting on the impacts that the vehicles may have on the operation of the facility and adjacent highways and submitting to the Secretary annual reports of those impacts. ``(B) Establishing, managing, and supporting an enforcement program that ensures that the HOV facility is being operated in accordance with this section. ``(C) Limiting or discontinuing the use of the HOV facility by the vehicles, whenever the operation of the facility is degraded, that requires such a limitation or discontinuation of use to apply first to vehicles using the HOV facility under subsection (c)(4) before applying to vehicles using the HOV facility under subsection (c)(5). ``(2) Maintenance of operating performance.--A facility that has become degraded shall be brought back into compliance with the minimum average operating speed performance standard by not later than 180 days after the date on which the degradation is identified through changes to operation, including the following: ``(A) Increase the occupancy requirement for HOVs. ``(B) Increase the toll charged for vehicles allowed under subsection (b) to reduce demand. ``(C) Charge tolls to any class of vehicle allowed under subsection (b) that is not already subject to a toll. ``(D) Limit or discontinue allowing vehicles under subsection (b). ``(E) Increase the available capacity of the HOV facility. ``(3) Compliance.--If the State fails to bring a facility into compliance under paragraph (2), the Secretary shall subject the State to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded. ``(4) Degraded facility.-- ``(A) Definition of minimum average operating speed.--In this paragraph, the term `minimum average operating speed' means less than 65 percent of the HOV facility rated speed limit. ``(B) Standard for determining degraded facility.-- For purposes of paragraph (1), the operation of a HOV facility shall be considered to be degraded if vehicles operating on the HOV facility are failing to maintain a minimum average operating speed 65 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both).''. (b) Sense of Congress.--It is the sense of Congress that the Secretary and the States should provide additional incentives (including the use of high occupancy vehicle lanes on State highways and routes on the Interstate System) for the purchase and use of advanced technology and dedicated alternative fuel vehicles, which have been proven to minimize air emissions and decrease consumption of fossil fuels.", "summary": "Revises state agency authority with respect to operation of high occupancy vehicle (HOV) facilities. Replaces the exception from general HOV restrictions for low emission and energy-efficient vehicles with one for alternative fuel vehicles and new qualified plug-in electric drive motor vehicles. Authorizes a state agency (including a state transportation department) with jurisdiction over the operation of an HOV facility to permit alternative fuel vehicles and new qualified plug-in electric drive motor vehicles to use HOV lane highways. Requires states to establish procedures for enforcing restrictions on such vehicles operating on HOV lane highways. Requires a state agency which collects tolls on HOV facilities for their use by vehicles not otherwise exempted from HOV restrictions to use excess toll revenues for certain highway projects, giving priority consideration to those for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. Expresses the sense of Congress that the Secretary of Transportation and states should provide additional incentives (including the use of HOV lanes on state Interstate System highways and routes) for the purchase and use of advanced technology and dedicated alternative fuel vehicles."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Expatriate Health Coverage Clarification Act of 2014''. SEC. 2. TREATMENT OF EXPATRIATE HEALTH PLANS UNDER ACA. (a) In General.--Subject to subsection (b), the provisions of (including any amendment made by) the Patient Protection and Affordable Care Act (Public Law 111-148) and of title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) shall not apply with respect to-- (1) expatriate health plans; (2) employers with respect to any such plans for which such employers are acting as plan sponsors; or (3) expatriate health insurance issuers with respect to coverage offered by such issuers under such plans. (b) Minimum Essential Coverage and Eligible Employer-Sponsored Plan.--For purposes of section 5000A(f) of the Internal Revenue Code of 1986, and any other section of the Internal Revenue Code of 1986 that incorporates the definition of minimum essential coverage provided under such section 5000A(f) by reference, coverage under an expatriate health plan shall be deemed to be minimum essential coverage under an eligible employer-sponsored plan as defined in paragraph (2) of such section. (c) Qualified Expatriates and Dependents Not United States Health Risk.-- (1) In general.--For purposes of section 9010 of the Patient Protection and Affordable Care Act (26 U.S.C. 4001 note prec.), for calendar years after 2014, a qualified expatriate (and any dependent of such individual) enrolled in an expatriate health plan shall not be considered a United States health risk. (2) Special rule for 2014.--The fee under section 9010 of such Act for calendar year 2014 with respect to any expatriate health insurance issuer shall be the amount which bears the same ratio to the fee amount determined by the Secretary of the Treasury with respect to such issuer under such section for such year (determined without regard to this paragraph) as-- (A) the amount of premiums taken into account under such section with respect to such issuer for such year, less the amount of premiums for expatriate health plans taken into account under such section with respect to such issuer for such year, bears to (B) the amount of premiums taken into account under such section with respect to such issuer for such year. (d) Definitions.--In this section: (1) Expatriate health insurance issuer.--The term ``expatriate health insurance issuer'' means a health insurance issuer that issues expatriate health plans. (2) Expatriate health plan.--The term ``expatriate health plan'' means a group health plan, health insurance coverage offered in connection with a group health plan, or health insurance coverage offered to a group of individuals described in paragraph (3)(B) (which may include dependents of such individuals) that meets each of the following standards: (A) Substantially all of the primary enrollees in such plan or coverage are qualified expatriates, with respect to such plan or coverage. In applying the previous sentence, an individual shall not be taken into account as a primary enrollee if the individual is not a national of the United States and resides in the country of which the individual is a citizen. (B) Substantially all of the benefits provided under the plan or coverage are not excepted benefits described in section 9832(c) of the Internal Revenue Code of 1986. (C) The plan or coverage provides benefits for items and services, in excess of emergency care, furnished by health care providers-- (i) in the case of individuals described in paragraph (3)(A), in the country or countries in which the individual is present in connection with the individual's employment, and such other country or countries as the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor, may designate; or (ii) in the case of individuals described in paragraph (3)(B), in the country or countries as the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor, may designate. (D) In the case of an expatriate health plan that is a group health plan offered by a plan sponsor that-- (i) also offers a qualifying minimum value domestic group health plan, the plan sponsor reasonably believes that the benefits provided by the expatriate health plan are actuarially similar to, or better than, the benefits provided under a qualifying minimum value domestic group health plan offered by that plan sponsor; or (ii) does not also offer a qualifying minimum value domestic group health plan, the plan sponsor reasonably believes that the benefits provided by the expatriate health plan are actuarially similar to, or better than, the benefits provided under a qualifying minimum value domestic group health plan. (E) If the plan or coverage provides dependent coverage of children, the plan or coverage makes such dependent coverage available for adult children until the adult child turns 26 years of age, unless such individual is the child of a child receiving dependent coverage. (F) The plan or coverage-- (i) is issued by an expatriate health plan issuer, or administered by an administrator, that maintains, with respect to such plan or coverage-- (I) network provider agreements with health care providers that are outside of the United States; and (II) call centers in more than one country and accepts calls from customers in multiple languages; and (ii) offers reimbursements for items or services under such plan or coverage in more than two currencies. (G) The plan or coverage, and the plan sponsor or expatriate health insurance issuer with respect to such plan or coverage, satisfies the provisions of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.), chapter 100 of the Internal Revenue Code of 1986, and part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.), which would otherwise apply to such a plan or coverage, and sponsor or issuer, if not for the enactment of the Patient Protection and Affordable Care Act and title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010. (3) Qualified expatriate.--The term ``qualified expatriate'' means any of the following individuals: (A) Workers.--An individual who is a participant in a group health plan, who is an alien residing outside the United States, a national of the United States, lawful permanent resident, or nonimmigrant for whom there is a good faith expectation by the plan sponsor of the plan that, in connection with the individual's employment, the individual is abroad for a total of not less than 180 days during any period of 12 consecutive months. (B) Other individuals abroad.--An individual, such as a student or religious missionary, who is abroad, and who is a member of a group determined appropriate by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor. (4) Qualifying minimum value domestic group health plan.-- The term ``qualifying minimum value domestic group health plan'' means a group health plan that is offered in the United States that meets the following requirements: (A) Substantially all of the primary enrollees in the plan are not qualified expatriates, with respect to such plan. (B) Substantially all of the benefits provided under the plan are not excepted benefits described in section 9832(c) of the Internal Revenue Code of 1986. (C) The application of section 36B(c)(2)(C)(ii) of such Code to such plan would not prevent an employee eligible for coverage under such plan from being treated as eligible for minimum essential coverage for purposes of section 36B(c)(2)(B) of such Code. (5) Abroad.-- (A) United states nationals.-- (i) In general.--Except as provided in clause (ii), for purposes of applying paragraph (3) to a national of the United States, the term ``abroad'' means outside the 50 States, the District of Columbia, and Puerto Rico. (ii) Special rule.--For purposes of applying paragraph (3) to a national of the United States who resides in the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, or Guam, the term ``abroad'' means outside of the 50 States, the District of Columbia, Puerto Rico, and such territory or possession. (B) Foreign citizens.--For purposes of applying paragraph (3) to an individual who is not a national of the United States, the term ``abroad'' means outside of the country of which that individual is a citizen. (6) United states.--The term ``United States'' means the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and Guam. (7) Miscellaneous terms.-- (A) Group health plan; health insurance coverage; health insurance issuer; plan sponsor.--The terms ``group health plan'', ``health insurance coverage'', ``health insurance issuer'', and ``plan sponsor'' have the meanings given those terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91), except that in applying such terms under this section the term ``health insurance issuer'' includes a foreign corporation which is predominantly engaged in an insurance business and which would be subject to tax under subchapter L of chapter 1 of the Internal Revenue Code of 1986 if it were a domestic corporation. (B) Foreign state; national of the united states; nonimmigrant; reside; lawful permanent resident.--The terms ``national of the United States'', and ``nonimmigrant'' have the meaning given such terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), the term ``reside'' means having a residence (within the meaning of such term in such section), and the term ``lawful permanent resident'' means an alien lawfully admitted for permanent residence (as defined in such section). Passed the House of Representatives April 29, 2014. Attest: KAREN L. HAAS, Clerk.", "summary": "Expatriate Health Coverage Clarification Act of 2014 - Exempts expatriate health plans, employers acting as sponsors of such plans, and health insurance issuers providing coverage under such plans from the health care coverage requirements of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. Deems expatriate health coverage to be minimum essential coverage for purposes of meeting the individual responsibility requirements of the Internal Revenue Code. Declares that a qualified expatriate (and any dependent) enrolled in an expatriate health plan shall not be considered a U.S. health risk for purposes of assessing the annual fee on health insurance providers that provide health coverage to any U.S. health risk for any year after 2014. Establishes a special rule for calculating the amount of this fee for calendar 2014. Defines a \"qualified expatriate\" as: (1) a participant in a group health plan who is an alien residing outside the United States, a U.S. national, a lawful permanent resident, or a nonimmigrant about whom there is a good faith expectation of being abroad, in connection with his or her employment, for at least 180 days in a 12-month period; or (2) an individual who is abroad as a member of a group determined appropriate by the Secretary of Health and Human Services (HHS)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy America Update Act''. SEC. 2. FHWA DOMESTIC CONTENT STANDARDS IMPROVEMENT. (a) CMAQ Loophole.--Section 313(b) of title 23, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) in paragraph (2) by striking ``or''; and (3) by inserting after paragraph (2) the following: ``(3) that when procuring rolling stock under this chapter-- ``(A) the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the rolling stock; and ``(B) final assembly of the rolling stock has occurred in the United States; or''. (b) Rule Reevaluation.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall review the regulations found in section 635.410 of title 23, Code of Federal Regulations, or any similar successor regulations, to determine whether manufactured products other than those containing steel and iron should be considered for the purposes of domestic content preferences. SEC. 3. COMPONENT REQUIREMENTS AND VERIFICATION. (a) Auditing and Certification Modernization.-- (1) Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall-- (A) initiate a rulemaking to develop audit procedures for the agency to review offeror and recipient compliance with domestic content provisions; and (B) issue guidance on best practices for pre-award and post-delivery audits by recipients under section 5323(m) of title 49, United States Code. (2) In developing the guidance required under paragraph (1)(B), the Secretary shall consider best practices for-- (A) proper and sufficient documentation requests from bidders by recipients under section 5323(m) of such title to support certification of compliance; (B) proper and sufficient documentation requests from bidders by recipients under section 5323(m) of such title to support pre-award and post-delivery audits; (C) determining the timing and requirements for post-delivery audit; and (D) verifying the origin of supplier components and subcomponents. (b) Component Guidance.--Not later than 6 months after the date of enactment of this Act, the Secretary shall initiate a rulemaking to further develop standards under section 5323(j) of title 49, United States Code, for measuring the percentage value of a component relative to the entire procurement. SEC. 4. RAIL BUY AMERICA MODERNIZATION. Section 24305(f) of title 49, United States Code, is amended by adding at the end the following: ``(5) Before seeking a waiver request under paragraph (4), Amtrak shall contract with the National Institute of Standards and Technology to conduct a supplier scouting process for domestic suppliers that can provide the compliant products for which a waiver will be sought. Upon conclusion of the supplier scouting process for a particular component, material, or subcomponent, Amtrak shall submit to the Secretary a scouting report along with the waiver request. The Secretary shall consider the results of the supplier scouting before making a decision on Amtrak's waiver. If the Secretary decides to grant the waiver, the Secretary shall publish in the Federal Register a summary of the Scouting report and the reasons for the Secretary's decision.''. SEC. 5. FAA BUY AMERICA MODERNIZATION. Section 50101 of title 49, United States Code, is amended by adding at the end the following: ``(d) Supplier Scouting.--Before issuing a waiver under subsection (b), the Secretary shall-- ``(1) consult with the National Institute of Standards and Technology; and ``(2) begin a supplier scouting process for domestic suppliers that can provide for those compliant products for which a waiver will be sought. ``(e) Publication Required.--Upon conclusion of the supplier scouting process required under subsection (d)(2) for a particular component, material, or subcomponent, the Secretary make the results of the supplier scouting available to the public.''. SEC. 6. APPLICATION OF BUY AMERICA REQUIREMENTS TO PROJECTS FINANCED WITH PASSENGER FACILITY CHARGES. (a) In General.--Section 50101(a) of title 49, United States Code, is amended by inserting ``, and may approve a project under section 40117,'' before ``only if steel''. (b) Applicability.--The amendment made by subsection (b) shall apply to an application submitted pursuant to section 40177(c) of title 49, United States Code, after the date of enactment of this Act.", "summary": "Buy America Update Act This bill exempts from Buy America requirements the procurement of railroad rolling stock when: the cost of components and subcomponents produced in the United States is more than 60% of the cost of all components of the rolling stock; and final assembly of such rolling stock has occurred in the United States. The Department of Transportation (DOT) shall initiate a rulemaking to develop audit procedures for an agency to review rolling stock offeror and recipient compliance with domestic content requirements, and issue guidance on best practices for pre-award and post-delivery audits by recipients. Before seeking a Buy America waiver request, Amtrak shall contract with the National Institute of Standards and Technology (NIST) to conduct a supplier scouting process for domestic suppliers that can provide the compliant products for which a waiver will be sought. DOT must consider Amtrak's scouting report before deciding on the request. Before issuing the Federal Aviation Administration a waiver of Buy America requirements, DOT shall consult with the NIST and begin a supplier scouting process for domestic suppliers that can provide for compliant aviation products for which a waiver will be sought. DOT may approve an airport improvement project financed with passenger facility charges only if steel and manufactured goods used in the project are produced in the United States."}
{"article": "SECTION 1. LIMITATION ON LIABILITY FOR PROTECTION OF COPYRIGHTED WORKS ON PEER-TO-PEER NETWORKS. (a) In General.--Chapter 5 of title 17, United States Code, is amended by adding at the end the following new section: ``Sec. 514. Remedies for infringement: use of technologies to prevent infringement of copyrighted works on peer-to-peer computer networks ``(a) In General.--Notwithstanding any State or Federal statute or other law, and subject to the limitations set forth in subsections (b) and (c), a copyright owner shall not be liable in any criminal or civil action for disabling, interfering with, blocking, diverting, or otherwise impairing the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file trading network, if such impairment does not, without authorization, alter, delete, or otherwise impair the integrity of any computer file or data residing on the computer of a file trader. ``(b) Exceptions.--Subsection (a) shall not apply to a copyright owner in a case in which-- ``(1) in the course of taking an action permitted by subsection (a), the copyright owner-- ``(A) impairs the availability within a publicly accessible peer-to-peer file trading network of a computer file or data that does not contain a work, or portion thereof, in which the copyright owner has an exclusive right granted under section 106, except as may be reasonably necessary to impair the distribution, display, performance, or reproduction of such a work, or portion thereof, in violation of any of the exclusive rights of the copyright owner under section 106; ``(B) causes economic loss to any person other than affected file traders; or ``(C) causes economic loss of more than $50.00 per impairment to the property of the affected file trader, other than economic loss involving computer files or data made available through a publicly accessible peer- to-peer file trading network that contain works in which the owner has an exclusive right granted under section 106; or ``(2) the copyright owner fails to comply with the requirements of subsection (c). ``(c) Notification Requirement.--(1) A copyright owner shall not be liable under subsection (a) for an act to which subsection (a) applies only if-- ``(A) the copyright owner has notified the Department of Justice, in such manner as the Attorney General shall specify, of the specific technologies the copyright owner intends to use to impair the unauthorized distribution, display, performance, or reproduction of the owner's copyrighted works over a publicly accessible peer-to-peer file trading network; and ``(B) the notification under paragraph (1) was made at least 7 days before the copyright owner engaged in the act. ``(2) At the request of an affected file trader or the assignee of an Internet Protocol address used by an affected file trader, a copyright owner shall provide notice to the affected file trader or assignee (as the case may be) of-- ``(A) the reason for impairing trading in the computer file or data containing the copyrighted work of the copyright owner; ``(B) the name and address of the copyright owner; and ``(C) the right of the affected file trader to bring an action described in subsection (d). ``(3) The notification by a copyright owner under paragraph (1) shall not be construed for any purpose as an admission of an unlawful act. ``(d) Cause of Action for Wrongful Impairment.--(1) If, pursuant to the authority provided by subsection (a), a copyright owner knowingly and intentionally impairs the distribution, display, performance, or reproduction of a particular computer file or data, and has no reasonable basis to believe that such distribution, display, performance, or reproduction constitutes an infringement of copyright, and an affected file trader suffers economic loss in excess of $250 as a result of the act by the copyright owner, the affected file trader may seek compensation for such economic loss in accordance with the following: ``(A) The affected file trader may file a claim for such compensation with the Attorney General not later than 1 year after the date on which the claim accrues. The Attorney General shall, not later than 10 days after the claim is filed, serve notice of the claim on the copyright owner against whom the claim is brought, and shall investigate the claim. The claim shall be in writing under oath or affirmation and shall contain such information and be in such form as the Attorney General requires. The claim shall not be made public by the Attorney General. ``(B) If the Attorney General determines after such investigation that there is not reasonable cause to believe that the facts alleged in the claim are true, the Attorney General shall dismiss the claim and promptly notify the affected file trader and the copyright owner against whom the claim is brought of the Attorney General's action. ``(C) If the Attorney General determines after such investigation that there is reasonable cause to believe that the facts alleged in the claim are true, the Attorney General shall promptly notify the affected file trader and the copyright owner of the Attorney General's determination. ``(D) The Attorney General shall make the determination on reasonable cause as promptly as possible, but in no case later than 120 days after the date on which the claim is filed. ``(E) The affected file trader may seek compensation for the economic loss that is the subject of the claim, plus reasonable attorney's fees, in the appropriate United States district court by filing an action in such court-- ``(i) not later than 60 days after being notified of the Attorney General's determination under subparagraph (C); or ``(ii) if the Attorney General has not made a determination on the claim within the 120-day period specified in subparagraph (D), not later than 60 days after the end of that 120-day period. ``(2) The cause of action established by this subsection shall only be available as a remedy against impairing actions that would not be lawful but for subsection (a). ``(e) Suits by United States.--The Attorney General of the United States may seek injunctive relief in the appropriate United States district court to prevent a copyright owner from engaging in impairing activities that would not be lawful but for subsection (a) if that owner has engaged in a pattern or practice of impairing the distribution, display, performance, or reproduction of computer files or data without a reasonable basis to believe that infringement of copyright has occurred. ``(f) Construction With Other Statutes.--(1) Nothing in this section shall be construed as limiting the authority of a copyright owner to take any otherwise lawful action to enforce any of the exclusive rights granted by section 106. ``(2) Nothing in this section shall limit any remedies available to a person under section 1030 of title 18, or under any other State or Federal statute or any other law, against a copyright owner who fails to qualify for the protections afforded under subsection (a). ``(3) Actions taken by a copyright owner pursuant to subsection (a) shall not be considered by a court for any other purpose under this title, including in determining whether a particular use of a work is infringing. ``(g) Nondisclosure of Information.--Information contained in any notification under subsection (c)(1)(A) may not be made available to the public under section 552 of title 5. ``(h) Definitions.--In this section-- ``(1) the term `economic loss' means monetary costs only; ``(2) `peer-to-peer file trading network' means two or more computers which are connected by computer software that-- ``(A) is primarily designed to-- ``(i) enable the connected computers to transmit files or data to other connected computers; ``(ii) enable the connected computers to request the transmission of files or data from other connected computers; and ``(iii) enable the designation of files or data on the connected computers as available for transmission; and ``(B) does not permanently route all file or data inquiries or searches through a designated, central computer located in the United States; ``(3) a peer-to-peer file trading network is `publicly accessible' if-- ``(A) participation in the network is substantially open to the public; and ``(B) the network enables the transmission of computer files or data over the Internet or any other public network of computers; ``(4) the term `file trader' means an individual who is utilizing a publicly accessible, peer-to-peer file trading network to transmit, make available for transmission, or download computer files or data, or the owner of a computer that is connected to a publicly accessible, peer-to-peer file trading network and is engaged in the transmission of computer files or data through the peer-to-peer file trading network; ``(5) the term `distribution', in the case of a computer connected to a peer-to-peer file trading network, includes the placement of a computer file or data in an area of a computer that is accessible to other computers connected to the peer-to- peer file trading network; and ``(6) the term `copyright owner' means a legal or beneficial owner of an exclusive right under section 106 and any party authorized to act on the owner's behalf.''. (b) Conforming Amendment.--The table of sections for chapter 5 of title 17, United States Code, is amended by adding at the end the following new item: ``514. Remedies for infringement: use of technologies to prevent infringement of copyrighted works on peer- to-peer computer networks.''.", "summary": "Amends Federal copyright law to protect a copyright owner from liability in any criminal or civil action for impairing, with appropriate technology, the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file trading network, if such impairment does not, without authorization, alter, delete, or otherwise impair the integrity of any computer file or data residing on the computer of a file trader.Denies such liability protection to a copyright owner who does not comply with certain notification requirements or who: (1) impairs the availability within a publicly accessible peer-to-peer file trading network of a computer file or data that does not contain a work in which the owner has an exclusive copyright; (2) causes economic loss to any person other than affected file traders; or (3) causes other economic loss of more than $50.00 per impairment to the property of the affected file trader.Conditions a copyright owner's protection from liability upon seven-days' notice to the Department of Justice of the specific technologies intended for use to impair unauthorized distribution, display, performance, or reproduction of a copyrighted work. Requires notice as well, upon request, to an affected file trader or the assignee of an Internet Protocol address used by an affected file trader.Provides for a cause of action against a copyright owner for wrongful impairment, including an action by the Attorney General for injunctive relief in certain circumstances."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Research Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nearly 4 of 5 peer reviewed research projects deemed worthy of funding by the National Institutes of Health are not funded. (2) Less than 2 percent of the nearly one trillion dollars our Nation spends on health care is devoted to health research, while the defense industry spends 15 percent of its budget on research. (3) Public opinion surveys have shown that Americans want more Federal resources put into health research and support by having a portion of their health insurance premiums set aside for this purpose. (4) Ample evidence exists to demonstrate that health research has improved the quality of health care in the United States. Advances such as the development of vaccines, the cure of many childhood cancers, drugs that effectively treat a host of diseases and disorders, a process to protect our Nation's blood supply from the HIV virus, progress against cardiovascular disease including heart attack and stroke, and new strategies for the early detection and treatment of diseases such as colon, breast, and prostate cancer clearly demonstrates the benefits of health research. (5) Among the most effective methods to control health care costs are prevention and cure of disease and disability, thus, health research which holds the promise of cure and prevention of disease and disability is a critical component of any comprehensive health care reform plan. (6) The state of our Nation's research facilities at the National Institutes of Health and at universities is deteriorating significantly. Renovation and repair of these facilities are badly needed to maintain and improve the quality of research. (7) Because the Omnibus Budget Reconciliation Act of 1993 freezes discretionary spending for the next 5 years, the Nation's investment in health research through the National Institutes of Health is likely to decline in real terms unless corrective legislative action is taken. (8) A health research fund is needed to maintain our Nation's commitment to health research and to increase the percentage of approved projects which receive funding at the National Institutes of Health to at least 33 percent. SEC. 3. NATIONAL FUND FOR HEALTH RESEARCH. (a) Establishment.--There is established in the Treasury of the United States an account, to be known as the ``National Fund for Health Research'' (hereafter referred to in this section as the ``Fund''), consisting of such amounts as are transferred to the Fund under subsection (b) and any interest earned on investment of amounts in the Fund. (b) Transfers to Fund.-- (1) In general.--The Secretary of the Treasury shall transfer to the Fund an amount equal to the amounts designated under paragraph (2) and received in the Treasury. (2) Amounts.-- (A) In general.--With respect to each calendar year beginning with the first full calendar year during which a comprehensive health care reform program utilizing a regional and corporate health alliance structure has been implemented, each such alliance shall set aside and transfer to the Treasury of the United States the applicable amount under subparagraph (B) and under section 6097 of the Internal Revenue Code of 1986. (B) Applicable amount.--The applicable amount under this subparagraph with respect to a regional or corporate alliance shall be equal to-- (i) with respect to the first full calendar year described in subparagraph (A), .25 percent of all health premiums received by the alliance for such year; (ii) with respect to the second calendar year described in subparagraph (A), .50 percent of all health premiums received by the alliance for such year; (iii) with respect to the third calendar year described in subparagraph (A), .75 percent of all health premiums received by the alliance for such year; and (iv) with respect to the fourth and succeeding calendar years described in subparagraph (A), 1 percent of all health premiums received by the alliance for such year. (3) Designation of overpayments and contributions.-- (A) In general.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE NATIONAL FUND FOR HEALTH RESEARCH ``Sec. 6097. Amounts for the National Fund for Health Research. ``SEC. 6097. AMOUNTS FOR THE NATIONAL FUND FOR HEALTH RESEARCH. ``(a) In General.--Every individual (other than a nonresident alien) may designate that-- ``(1) a portion (not less than $1) of any overpayment of the tax imposed by chapter 1 for the taxable year, and ``(2) a cash contribution (not less than $1), be paid over to the National Fund for Health Research established under section 3 of the Health Research Act of 1994. In the case of a joint return of a husband and wife, each spouse may designate one-half of any such overpayment of tax (not less than $2). ``(b) Manner and Time of Designation.--Any designation under subsection (a) may be made with respect to any taxable year only at the time of filing the original return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made either on the 1st page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this section, any overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last day prescribed for filing the return of tax imposed by chapter 1 (determined with regard to extensions) or, if later, the date the return is filed. ``(d) Designated Amounts Not Deductible.--No amount designated pursuant to subsection (a) shall be allowed as a deduction under section 170 or any other section for any taxable year. ``(e) Termination.--This section shall not apply to taxable years beginning in a calendar year after a determination by the Secretary that the sum of all designations under subsection (a) for taxable years beginning in the second and third calendar years preceding the calendar year is less than $5,000,000.''. (B) Clerical amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of overpayments and contributions for the National Fund for Health Research.''. (C) Effective date.--The amendments made by this paragraph shall apply to taxable years beginning after December 31, 1993. (c) Expenditures From Fund.-- (1) In general.--The Secretary of the Treasury shall pay annually, within 30 days after the President signs an appropriations Act for the Departments of Labor, Health and Human Services, and Education and related agencies, or by the end of the first quarter of the fiscal year, to the Secretary of Health and Human Services on behalf of the National Institutes of Health, an amount equal to the amount in the National Fund for Health Research at the time of such payment, to enable the Secretary to carry out the purpose of section 404F of the Public Health Service Act, less any administrative expenses which may be paid under paragraph (3). (2) Purposes for expenditures from fund.--Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following new section: ``SEC. 404F. EXPENDITURES FROM THE NATIONAL FUND FOR HEALTH RESEARCH. ``(a) In General.--From amounts received for any fiscal year from the National Fund for Health Research, the Secretary of Health and Human Services shall distribute-- ``(1) 2 percent of such amounts during any fiscal year to the Office of the Director of the National Institutes of Health to be allocated at the Director's discretion for the following activities: ``(A) for carrying out the responsibilities of the Office of the Director, National Institutes of Health, including the Office of Research on Women's Health and the Office of Research on Minority Health, the Office of Alternative Medicine and the Office of Rare Diseases Research; and ``(B) for construction and acquisition of equipment for or facilities of or used by the National Institutes of Health; ``(2) 2 percent of such amounts for transfer to the National Center for Research Resources to carry out section 1502 of the National Institutes of Health Revitalization Act of 1993 concerning Biomedical and Behavioral Research Facilities; ``(3) 1 percent of such amounts during any fiscal year for carrying out section 301 and part D of title IV with respect to health information communications; and ``(4) the remainder of such amounts during any fiscal year to member institutes of the National Institutes of Health and Centers in the same proportion to the total amount received under this section, as the amount of annual appropriations under appropriations Acts for each member institute and Centers for the fiscal year bears to the total amount of appropriations under appropriations Acts for all member institutes and Centers of the National Institutes of Health for the fiscal year. ``(b) Plans of Allocation.--The amounts transferred under subsection (a) shall be allocated by the Director of NIH or the various directors of the institutes and centers, as the case may be, pursuant to allocation plans developed by the various advisory councils to such directors, after consultation with such directors.''. (3) Administrative expenses.--Amounts in the National Fund for Health Research shall be available to pay the administrative expenses of the Department of the Treasury directly allocable to-- (A) modifying the individual income tax return forms to carry out section 6097 of the Internal Revenue Code of 1986; (B) carrying out this section with respect to such Fund; and (C) processing amounts received under this section and transferring such amounts to such Fund. (4) Trigger and release of fund monies.--No expenditures shall be made pursuant to section 3(c) during any fiscal year in which the annual amount appropriated for the National Institutes of Health is less than the amount so appropriated for the prior fiscal year. (d) Budget Enforcement.--Amounts contained in the National Fund for Health Research shall be excluded from, and shall not be taken into account for purposes of, any budget enforcement procedures under the Congressional Budget Act of 1974 or the Balanced Budget Emergency Deficit Control Act of 1985.", "summary": "Health Research Act of 1994 - Establishes in the Treasury the National Fund for Health Research. Requires regional and corporate health alliances formed under a comprehensive health care reform program to set aside and transfer specified amounts each calendar year into the Fund. Amends the Internal Revenue Code to authorize individuals (other than nonresident aliens) to designate for payment into the Fund at least $1 of a cash contribution or of any tax overpayment made. Requires the Secretary of Health and Human Services to distribute specified amounts from the Fund for various health research activities of the National Institutes of Health and the National Center for Research Resources. Excludes Fund amounts from any budget enforcement procedures under the Congressional Budget Act of 1974 or the Balanced Budget Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act)."}
{"article": "SECTION 1. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES, SURVIVING JOINT DEBTORS, AND PARENTS. (a) Definitions.--For purposes of this section: (1) Eligible public servant.--The term ``eligible public servant'' means an individual who-- (A) served as a police officer, firefighter, other safety or rescue personnel, or as a member of the Armed Forces; and (B) died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001; as determined in accordance with regulations of the Secretary. (2) Eligible victim.--The term ``eligible victim'' means an individual who died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001, as determined in accordance with regulations of the Secretary. (3) Eligible spouse.--The term ``eligible spouse'' means the spouse of an eligible public servant, as determined in accordance with regulations of the Secretary. (4) Eligible surviving debtor.--The term ``eligible surviving debtor'' means an individual who owes a Federal student loan that is a consolidation loan that was used, jointly by that individual and an eligible victim, to repay the Federal student loans of that individual and of such eligible victim. (5) Eligible parent.--The term ``eligible parent'' means the parent of an eligible victim if-- (A) the parent owes a Federal student loan that is a consolidation loan that was used to repay a PLUS loan incurred on behalf of such eligible victim; or (B) the parent owes a Federal student loan that is a PLUS loan incurred on behalf of an eligible victim who became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (7) Federal student loan.--The term ``Federal student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. (b) Relief From Indebtedness.-- (1) In general.--The Secretary shall provide for the discharge or cancellation of-- (A) the Federal student loan indebtedness of an eligible spouse; (B) the consolidation loan indebtedness of an eligible surviving debtor; (C) the portion of the consolidation loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim, if the amount of such indebtedness with respect to such eligible victim may be reliably determined on the basis of records available to the lender; and (D) the PLUS loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim described in subsection (a)(5)(B). (2) Method of discharge or cancellation.--A loan required to be discharged or canceled under paragraph (1) shall be discharged or canceled by the method used under section 437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is applicable to such loan. (c) Facilitation of Claims.--The Secretary shall-- (1) establish procedures for the filing of applications for discharge or cancellation under this section by regulations that shall be prescribed and published within 90 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code; and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness for eligible spouses, eligible surviving debtors, and eligible parents under this section. (d) Availability of Funds for Payments.--Funds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of deceased or disabled individuals shall be available for making payments under section 437(a) to lenders of loans to the eligible spouses, eligible surviving debtors, and eligible parents as required by this section. (e) Applicable to Outstanding Debt.--The provisions of this section shall be applied to discharge or cancel only Federal student loans (including consolidation loans) on which amounts were owed on September 11, 2001.", "summary": "Amends the Higher Education Act of 1965 to direct the Secretary of Education to discharge or cancel the Federal student loan indebtedness of spouses, surviving joint debtors, and parents of public servants and other individuals who died (or die) or who became (or become) permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Eating Healthy at School Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Information about school meal quality is vital to maximizing the national investment in the school meal programs established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) and for measuring the effectiveness of and compliance with Federal school meal standards. (2) Assessing compliance with Federal school meal standards will enhance child health and the nutritional quality of school meals, contribute to nutrition research and evaluation of the school meal programs, and improve oversight of the school meal programs. (3) According to the School Nutrition Dietary Assessment Study-III of the school meals served under the school meal programs in school year 2004-2005, the majority of schools offered breakfasts and lunches that met the standards for the recommended daily intake of key nutrients, such as vitamins A and C, calcium, protein, and iron, but that the majority of school lunches were still too high in fat, saturated fat, and sodium. (4) Reviews of the nutritional quality of school meals under the school meals initiative for healthy children (60 Fed. Reg. 31188 (1995)) assess only the lunches served in 1 school per school food authority every 5 years and do not include assessments of breakfasts served by schools participating in the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) or compliance with nutrition standards for foods sold in schools outside of the school meal programs. (5) Reviews of school meals under the school meals initiative for healthy children are laborious for State child nutrition programs and local school food authorities. Simplified, less burdensome, and more effective approaches are needed. (6) The Institute of Medicine recommends changes to school meals to reflect the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341). The recommendations for new meal requirements involve significant shifts in the approach of schools to menu planning and will likely require new mechanisms for monitoring meal quality. (7) Food of poor nutritional value sold in schools outside of the school meal programs can undermine the national investment in school meals. (8) Gaps in Federal requirements for program integrity reviews limit the ability to identify and address meal counting and claiming errors. (9) Program integrity reviews are not required for the school breakfast program. Twenty-one States reported to the Comptroller General of the United States that they do not review the school breakfast program. (10) The percentage of meal counting and claiming errors is higher in the school breakfast program than in the school lunch program. SEC. 3. COMPLIANCE AND ACCOUNTABILITY STUDY. (a) In General.--The Secretary of Agriculture shall conduct a study to-- (1) assess the effectiveness and efficiency of administrative review systems to ensure-- (A) each local educational agency participating in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) complies with the provisions of such Act, including the provisions with respect to nutrition, eligibility, meal counts, and claims for reimbursement; (B) each local educational agency participating in the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) complies with the provisions of such Act, including the provisions with respect to nutrition, eligibility, meal counts, and claims for reimbursement; and (C) each local educational agency described in subparagraphs (A) and (B) is accountable for the compliance described in such subparagraphs; (2) design and test alternative processes and procedures that may improve the effectiveness and efficiency of the administrative review systems described in paragraph (1), and determine the optimal frequency for carrying out reviews under such systems; and (3) identify any alternative processes and procedures for establishing a more effective and efficient administrative review system which-- (A) reflect the results of tests of alternative processes and procedures conducted pursuant to paragraph (2); and (B) consider the practicality of implementing such alternative processes and procedures, including the cost and burden of implementation that would be imposed on local school food authorities, local educational agencies, and State educational agencies. (b) Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that describes the results and recommendations of the study conducted pursuant to subsection (a). (c) Regulations.--The Secretary of Agriculture may prescribe regulations as may be necessary to implement the processes or procedures identified pursuant to subsection (a)(3) for establishing an effective and efficient administrative review system. (d) Funding.-- (1) In general.--Upon the date of the enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture $3,500,000 to carry out this section, to remain available until expended. (2) Receipt and acceptance.--The Secretary of Agriculture shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.", "summary": "Eating Healthy at School Act of 2010 - Directs the Secretary of Agriculture to study and report to Congress on: (1) the effectiveness and efficiency of administrative review systems in holding local educational agencies accountable for complying with the requirements of the school lunch and breakfast programs; (2) the design and test of alternative processes and procedures that may improve the effectiveness and efficiency of such systems; and (3) any such alternative processes and procedures that reflect the results of such tests, and consider the practicality of implementation. Authorizes the Secretary to prescribe the regulations necessary to implement such alternative processes or procedures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Exclusion and Asylum Reform Amendments of 1993''. SEC. 2. ADMISSIONS FRAUD. (a) Exclusion for Fraudulent Documents and Failure To Present Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)) is amended-- (1) by striking ``(C) Misrepresentation'' and inserting in lieu thereof the following: ``(C) Fraud, misrepresentation, and failure to present documents''; (2) by adding at the end the following new clause: ``(iii) Fraudulent documents and failure to present documents.-- ``(I) Any alien who, in seeking entry to the United States or boarding a common carrier for the purpose of coming to the United States, presents any document which, in the determination of the immigration officer, is forged, counterfeit, altered, falsely made, stolen, or inapplicable to the alien presenting the document, or otherwise contains a misrepresentation of a material fact, is excludable. ``(II) Any alien who, in boarding a common carrier for the purpose of coming to the United States, presents a document that relates or purports to relate to the alien's eligibility to enter the United States, and fails to present such document to an immigration officer upon arrival at a port of entry into the United States, is excludable.''. (b) Availability of Asylum and Other Discretionary Relief.-- (1) Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following new subsection: ``(e)(1) Application of Fraud Exclusion.--Notwithstanding subsection (a) and except as provided in paragraph (2), any alien who is excludable under section 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i) may not apply for or be granted asylum. ``(2) Exception.--The limitation under paragraph (1) shall not apply if the action upon which the exclusion is based was pursuant to direct departure from a country in which (A) the alien has a credible fear of persecution, or (B) there is a significant danger that the alien would be returned to a country in which the alien would have a credible fear of persecution. ``(3) Definition.--As used in this subsection, the term `credible fear of persecution' means (A) that it is more probable than not that the statements made by the alien in support of his or her claim are true, and (B) that there is a significant possibility, in light of such statements and of such other facts as are known to the officer about country conditions, that the alien could establish eligibility as a refugee within the meaning of section 101(a)(42)(A).''. (2) Section 212(c) of the Immigration and Nationality Act (8 U.S.C. 1182(c)) is amended in the third sentence by inserting before the period ``or to any alien who is excludable pursuant to section 212(a)(6)(C)(iii)''. SEC. 3. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS. Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended to read as follows: ``(b) Inspection and Exclusion by Immigration Officers.-- ``(1) An immigration officer shall inspect each alien who is seeking entry to the United States. ``(2)(A) If the examining immigration officer determines that an alien seeking entry-- ``(i)(I) is excludable under section 212(a)(6)(C)(iii), or ``(II) is excludable under section 212(a)(7)(A)(i), ``(ii) does not have any reasonable basis for legal entry into the United States, and ``(iii) does not indicate an intention to apply for asylum under section 208, the alien shall be specially excluded from entry into the United States without a hearing. ``(B) The examining immigration officer shall refer to an immigration officer, specially trained to conduct interviews and make determinations bearing on eligibility for asylum, any alien who is (i) excludable under section 212(a)(6)(C)(iii) or section 212(a)(7)(A) (i) and (ii) who has indicated an intention to apply for asylum. Such an alien shall not be considered to have entered the United States for purposes of this Act. ``(C) An alien under subparagraph (B) who is determined by an immigration officer, specially trained to conduct interviews and make determinations bearing on eligibility for asylum, to be excludable and ineligible for the exception under section 208(e)(2), shall be specially excluded and deported from the United States without further hearing. ``(3)(A) Except as provided in subparagraph (B), if the examining immigration officer determines that an alien seeking entry is not clearly and beyond a doubt entitled to enter, the alien shall be detained for a hearing before an immigration judge. ``(B) The provisions of subparagraph (A) shall not apply-- ``(i) to an alien crewman, ``(ii) to an alien described in paragraph (2)(A) or (2)(C), or ``(iii) if the conditions described in section 273(d) exist. ``(4) The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien, whose privilege to enter is so challenged, before an immigration judge for a hearing on exclusion of the alien. ``(5) The Attorney General shall establish procedures that ensure that aliens are not specially excluded under paragraph (2)(A) without an inquiry into their reasons for seeking entry into the United States. ``(6)(A) Subject to subparagraph (B), an alien has not entered the United States for purposes of this Act unless and until such alien has been inspected and admitted by an immigration officer pursuant to this subsection. ``(B) An alien who (i) is physically present in the United States, (ii) has been physically present in the United States for a continuous period of one year, and (iii) has not been inspected and admitted by an immigration officer may be said to have entered the United States without inspection. Such an alien is subject to deportation pursuant to section 241(a)(1)(B).''. SEC. 4. JUDICIAL REVIEW. Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) (as amended by section 3) is amended by adding after subsection (c) the following new subsections: ``(d) Habeas Corpus Review.--Notwithstanding any other provision of law, no court shall have jurisdiction to review, except by petition for habeas corpus, any determination made with respect to an alien found excludable pursuant to section 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i). In any such case, review by habeas corpus shall be limited to examination of whether the petitioner (1) is an alien, and (2) was ordered excluded from the United States pursuant to section 235(b)(2). ``(e) Other Limits on Judicial Review and Action.--Notwithstanding any other provision of law, no court shall have jurisdiction (1) to review the procedures established by the Attorney General for the determination of exclusion pursuant to section 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i), or (2) to enter declaratory or injunctive relief with respect to the implementation of subsection (b)(2). Regardless of the nature of the suit or claim, no court shall have jurisdiction except by habeas corpus petition as provided in subsection (d) to consider the validity of any adjudication or determination of special exclusion or to provide declaratory or injunctive relief with respect to the special exclusion of any alien. ``(f) Collateral Enforcement Proceedings.--In any action brought for the assessment of penalties for improper entry or re-entry of an alien under section 275 or 276, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under sections 235, 236, and 242.''. SEC. 5. CONFORMING AMENDMENTS. Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended-- (1) in the second sentence of paragraph (1) by striking out ``Deportation'' and inserting in lieu thereof ``Subject to section 235(b)(2), deportation''; and (2) in the first sentence of paragraph (2) by striking out ``If'' and inserting in lieu thereof ``Subject to section 235(b)(2), if''. SEC. 6. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING. Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)) is amended by striking ``five years'' and inserting ``ten years''. SEC. 7. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to aliens who arrive in or seek admission to the United States on or after such date.", "summary": "Exclusion and Asylum Reform Amendments of 1993 - Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) uses or attempts to use a fraudulent document to enter the United States, or to board a common carrier for such purpose; or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a U.S. port of entry. Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country in which: (1) the alien had a credible fear of persecution; or (2) there was a significant danger that the alien would be returned to a country in which he or she would have a credible fear of persecution. Provides for port of entry exclusion and deportation without administrative or judicial appeal (except by a limited petition of habeas corpus) for such admission document fraud. Increases penalties for certain alien smuggling offenses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Heavy Truck, Tractor, and Trailer Retail Federal Excise Tax Repeal Act of 2017''. SEC. 2. FINDINGS. The Congress finds that-- (1) there is a 12-percent Federal retail excise tax on certain new heavy trucks, tractors, and trailers, coupled with new regulatory mandates, significantly increasing the cost of new heavy-duty trucks, tractors, and trailers, and discourages the replacement of older, less environmentally clean and less fuel economical vehicles; (2) this 12-percent Federal retail excise tax is the highest percentage rate of any Federal ad valorem excise tax; (3) the Federal excise tax was first levied by Congress in 1917 to help finance America's involvement in World War I; (4) in 2016, the average manufacturer suggested retail price for heavy trucks was over $175,921; (5) the 12-percent Federal retail excise tax routinely adds between $12,000 and $22,000 to the cost of a heavy truck, tractor, or trailer; (6) the average in-use, heavy truck is 9.5 years old, close to the historical all-time high; (7) the Environmental Protection Agency's model year 2002- 2010 tailpipe emissions rules account for $20,000 of the average price of today's new heavy-duty trucks; (8) according to the 2011 Environmental Protection Agency and National Highway Traffic Safety Administration Regulatory Impact Analysis entitled ``Final Rulemaking to Establish Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium and Heavy-Duty Engines and Vehicles'', model year 2014-2018 EPA-Department of Transportation fuel economy rules will add up to approximately $6,683 to the price of new heavy-duty trucks; (9) according to the 2016 Environmental Protection Agency and National Highway Traffic Safety Administration Final Rule entitled ``Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium and Heavy-Duty Engines and Vehicles--Phase 2'', model year 2021-2027 fuel economy rules will add up to approximately $12,500 to the price of new heavy-duty trucks; (10) the $39,183 average per truck cost of these regulatory mandates results in an additional $4,700 Federal excise tax, on average; (11) since the Federal retail excise tax on certain new heavy trucks, tractors, and trailers is based on annual sales, receipts from the tax deposited in the Highway Trust Fund can vary greatly; and (12) Congress should consider a more reliable and consistent revenue mechanism to protect the Highway Trust Fund. SEC. 3. REPEAL OF EXCISE TAX ON HEAVY TRUCKS AND TRAILERS. (a) In General.--Chapter 31 of the Internal Revenue Code of 1986 is amended by striking subchapter C (and by striking the item relating to such subchapter from the table of subchapters for such chapter). (b) Conforming Amendments.-- (1) Section 4072(c) of such Code is amended to read as follows: ``(c) Tires of the Type Used on Highway Vehicles.-- ``(1) In general.--For purposes of this part, the term `tires of the type used on highway vehicles' means tires of the type used on-- ``(A) motor vehicles which are highway vehicles, or ``(B) vehicles of the type used in connection with motor vehicles which are highway vehicles. ``(2) Exception for mobile machinery.-- ``(A) In general.--Such term shall not include tires of a type used exclusively on mobile machinery. ``(B) Mobile machinery.--For purposes of subparagraph (A), the term `mobile machinery' means any vehicle which consists of a chassis-- ``(i) to which there has been permanently mounted (by welding, bolting, riveting, or other means) machinery or equipment to perform a construction, manufacturing, processing, farming, mining, drilling, timbering, or similar operation if the operation of the machinery or equipment is unrelated to transportation on or off the public highways, ``(ii) which has been specially designed to serve only as a mobile carriage and mount (and a power source, where applicable) for the particular machinery or equipment involved, whether or not such machinery or equipment is in operation, and ``(iii) which, by reason of such special design, could not, without substantial structural modification, be used as a component of a vehicle designed to perform a function of transporting any load other than that particular machinery or equipment or similar machinery or equipment requiring such a specially designed chassis.''. (2) Section 4221 of such Code is amended-- (A) by striking ``4051 or'' in subsection (a), and (B) by striking ``and in the case of any article sold free of tax under section 4053(6),'' in subsection (c). (3) Section 4222(d) of such Code is amended by striking ``4053(6),''. (4) Section 4293 of such Code is amended by striking ``section 4051,''. (5) Section 6416(b)(2) of such Code is amended by striking ``or under section 4051''. (6) Section 6416(b) of such Code is amended by striking paragraph (6). (7) Section 9503(b)(1) of such Code is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. (c) Effective Date.--The amendments made by this section shall apply to sales and installations on or after the date of the introduction of this Act.", "summary": "Heavy Truck, Tractor, and Trailer Retail Federal Excise Tax Repeal Act of 2017 This bill amends the Internal Revenue Code to repeal the 12% excise tax on the retail sale of heavy trucks and trailers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reserve Employer Tax Credit Act of 2001''. SEC. 2. TAX CREDIT FOR RESERVE FORCES PARTICIPATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45E. RESERVE FORCE PARTICIPATION CREDIT. ``(a) General Rule.--For purposes of section 38, the reserve force participation credit determined under this section is an amount equal to the sum of-- ``(1) the employment credit with respect to all qualified employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 50 percent of the amount of qualified compensation that would have been paid to the employee with respect to all periods during which the employee participates in qualified reserve duty to the exclusion of normal employment duties, including time spent in a travel status had the employee not been participating in qualified reserve duty. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(2) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the employee participates in qualified reserve duty, the term `qualified compensation' means compensation-- ``(A) which is normally contingent on the employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the employee were present and receiving such compensation, and ``(B) which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the employee participates in qualified reserve duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the employee. ``(3) Qualified employee.--The term `qualified employee' means a person who-- ``(A) has been an employee of the taxpayer for the 21-day period immediately preceding the period during which the employee participates in qualified reserve duty, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(c) Self-Employment Credit.-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 50 percent of the excess, if any, of-- ``(A) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(B) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402) of the taxpayer for the taxable year divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit In Addition to Deduction.--The employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee during any period the employee participates in qualified reserve duty to the exclusion of normal employment duties. ``(e) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The credit allowed by subsection (a) for the taxable year-- ``(i) shall not exceed $7,500 in the aggregate, and ``(ii) shall not exceed $2,000 with respect to each qualified employee. ``(B) Controlled groups.--For purposes of applying the limitations in subparagraph (A)-- ``(i) all members of a controlled group shall be treated as one taxpayer, and ``(ii) such limitations shall be allocated among the members of such group in such manner as the Secretary may prescribe. For purposes of this subparagraph, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as members of a controlled group. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the two succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period for which the person on whose behalf the credit would otherwise be allowable is called or ordered to active duty for any of the following types of duty: ``(A) active duty for training under any provision of title 10, United States Code, ``(B) training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code, or ``(C) full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(f) General Definitions and Special Rules.-- ``(1) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(2) Qualified reserve duty.--The term `qualified reserve duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(3) Normal employment and self-employment duties.--A person shall be deemed to be participating in qualified reserve duty to the exclusion of normal employment or self-employment duties if the person does not engage in or undertake any substantial activity related to the person's normal employment or self-employment duties while participating in qualified reserve duty unless in an authorized leave status or other authorized absence from military duties. If a person engages in or undertakes any substantial activity related to the person's normal employment or self-employment duties at any time while participating in a period of qualified reserve duty, unless during a period of authorized leave or other authorized absence from military duties, the person shall be deemed to have engaged in or undertaken such activity for the entire period of qualified reserve duty. ``(4) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section.'' (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended-- (1) by striking ``plus'' at the end of paragraph (12), (2) by striking the period at the end of paragraph (13) and inserting ``, plus'', and (3) by adding at the end the following new paragraph: ``(14) the reserve force participation credit determined under section 45E(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45D the following new item: ``Sec. 45E. Reserve force participation credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the calendar year which includes the date of the enactment of this Act. SEC. 3. DEDUCTION OF CERTAIN EXPENSES PAID OR INCURRED BY MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES. (a) In General.--Paragraph (2) of section 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by adding at the end the following new subparagraph: ``(D) Certain expenses of members of reserve components of the armed forces of the united states.-- The deductions allowed by part VI (section 161 and following) which consist of-- ``(i) expenses of travel, meals, and lodging while away from home, and ``(ii) expenses of transportation, paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a Reserve component of the Armed Forces (as defined in section 10101 of title 10, United States Code).''. (b) Two Percent Floor on Itemized Deductions Not To Apply.-- Subsection (b) of section 67 of such Code is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) the deductions under part VI (section 161 and following) for expenses paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a Reserve component of the Armed Forces (as defined in section 10101 of title 10, United States Code).''. (c) 50-Percent Ceiling on Deduction for Meal and Entertainment, Etc., Expenses Not To Apply.--Paragraph (2) of section 274(n) of such Code is amended by striking ``or'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, or'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) any expense in connection with the performance of services by the taxpayer as a member of a Reserve component of the Armed Forces (as defined in section 10101 of title 10, United States Code).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the calendar year which includes the date of the enactment of this Act.", "summary": "Reserve Employer Tax Credit Act of 2001 - Amends the Internal Revenue Code to provide: (1) employers a business tax credit for a portion of compensation that was not paid with respect to members of the military reserves who were absent from work on qualified reserve duty; (2) a comparable credit for participating self-employed individuals; and (3) for the deduction of certain expenses paid or incurred by members of a Reserve component of the armed forces."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Life-Saving New Therapies for Neonates Act of 2015''. SEC. 2. PROMOTING THE DEVELOPMENT OF SAFE AND EFFECTIVE THERAPIES FOR NEONATES. Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa et seq.) is amended by inserting after section 529 the following: ``SEC. 530. EXCLUSIVITY TO ENCOURAGE DEVELOPMENT OF SAFE AND EFFECTIVE THERAPIES FOR NEONATES. ``(a) Definitions.--In this section: ``(1) Neonatal drug.--The term `neonatal drug' means a drug for the prevention or treatment of a disease or condition of a preterm or full-term neonate. ``(2) Neonatal drug application.--The term `neonatal drug application' means a human drug application, as defined in section 735(1), that-- ``(A) is for a drug or biological product-- ``(i) that is for the prevention or treatment of a disease or condition listed on the Priority List of Critical Needs for Neonates described in subsection (c); and ``(ii) that contains no active ingredient (including any ester or salt of the active ingredient) that has been previously approved in any other application under section 505(b)(1), 505(b)(2), or 505(j) of this Act or section 351(a) or 351(k) of the Public Health Service Act; ``(B) is submitted under section 505(b)(1) of this Act or section 351(a) of the Public Health Service Act; ``(C) the Secretary determines to be eligible for a neonatal drug exclusivity voucher, in accordance with subsection (b); ``(D) relies on clinical data derived from studies examining a neonatal population and dosages of the drug intended for that population; and ``(E) is approved after the date of the enactment of the Promoting Life-Saving New Therapies for Neonates Act of 2015. ``(3) Neonatal drug exclusivity voucher.--The term `neonatal drug exclusivity voucher' means a voucher issued by the Secretary to the sponsor of a neonatal drug application that entitles the holder of such voucher to one year of transferable extension of all existing patents and marketing exclusivities, including any extensions, for a single human drug with respect to an application submitted under section 505(b)(1) or for a single human biologic product with respect to an application submitted under section 351(a) of the Public Health Service Act, including the 6-month period described in section 505A, the 4- and 5-year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the 3-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) of section 505, the 7-year period described in section 527, the 5-year period described in section 505E, and the 12-year period described in section 351(k)(7). ``(b) Neonatal Drug Exclusivity Voucher.-- ``(1) In general.--The Secretary shall award a neonatal drug exclusivity voucher to the sponsor of a neonatal drug application upon approval by the Secretary of such neonatal drug application. ``(2) Transferability.-- ``(A) In general.--The sponsor of a neonatal drug application that receives a neonatal drug exclusivity voucher under this section may transfer (including by sale) the voucher to a sponsor of a human drug for which an application under section 505(b)(1) or section 351 of the Public Health Service Act has been approved, will be submitted, or has been submitted. ``(B) Nontransferability.--A neonatal exclusivity voucher may not be transferred to, or used for, a drug with respect to which all patents and exclusivities have expired as of the date of the transfer. ``(C) Notification of transfer.--Each person to whom a voucher is transferred shall notify the Secretary of such change in ownership of the voucher not later than 30 calendar days after such transfer. ``(D) Prohibition on additional fees.--The Secretary shall not apply a fee for the exercise of a voucher under this section. The preceding sentence shall not affect the authority of the Secretary to apply fees with respect to a neonatal drug application that are otherwise applicable under law. ``(E) Revocation of voucher.--The Secretary may revoke any neonatal exclusivity voucher if the neonatal drug product for which such voucher was awarded is not marketed in the United States within the 365-day period beginning on the date of the approval of such drug under section 505 of this Act or section 351 of the Public Health Service Act. ``(3) Limitations.-- ``(A) No award for prior approved application.--A sponsor of a neonatal drug may not receive a voucher under this section if the neonatal drug application was submitted to the Secretary prior to the date of enactment of this section. ``(B) Required pediatric research.--The Secretary shall limit grants of exclusivity under this section to drugs that are not required to complete neonatal studies under section 505B. ``(C) No combining vouchers.--A sponsor may not use a neonatal exclusivity voucher on a product for which the sponsor also intends to use a voucher obtained or purchased pursuant to section 524 or section 529. ``(4) Notification of intent to use voucher.-- ``(A) Notification by sponsor.--The sponsor of a human drug application intending to use a voucher awarded or transferred under this section shall notify the Secretary not later than 15 months prior to loss of patent and exclusivities on the drug for which the voucher will be redeemed, in such form as the Secretary may require. ``(B) Notification by secretary.--Within 30 calendar days of such notification to the Secretary, the Secretary shall notify the sponsor of its eligibility to redeem a voucher for the intended drug. ``(c) Priority List of Critical Needs for Neonates.-- ``(1) In general.--The Secretary, in consultation with the Pediatric Advisory Committee, the National Institutes of Health, the International Neonatal Consortium sponsored by Critical Path Institute, and other stakeholders, shall, within one year of the date of enactment of the Promoting Life-Saving New Therapies for Neonates Act of 2015-- ``(A) develop and publish a list of critical research priorities related to specific diseases or conditions common to the neonatal population (referred to as the `Priority List of Critical Needs for Neonates'); ``(B) issue guidance specific to the neonatal drug exclusivity voucher program; and ``(C) perform other activities necessary to support neonatal drug applications. ``(2) Public comment.--The Secretary shall provide a period of public notice and comment on the proposed list and shall hold public meetings to elicit input from patient advocacy and other organizations prior to publishing the final list. ``(3) Subsequent update.--The Secretary may revise, and publish in accordance with paragraph (1)(A), the Priority List of Critical Needs for Neonates every 3 years, or as frequently as the Secretary determines necessary. ``(4) Restriction on removal from list.--No disease or condition on the Priority List of Critical Needs for Neonates may be removed until after completion of the study and report under subsection (d). ``(d) GAO Study and Report.-- ``(1) Study.-- ``(A) In general.--Beginning 8 years after the date of enactment of the Promoting Life-Saving New Therapies for Neonates Act of 2015 or on the date that the Secretary awards the third neonatal exclusivity voucher under this section, whichever is earlier, the Comptroller General of the United States shall conduct a study of the effectiveness of the program under this section for the development of human drugs to treat and prevent diseases or conditions in the neonatal population. ``(B) Contents of the study.--In conducting the study under subparagraph (A), the Comptroller General shall examine the following: ``(i) The number of neonatal drug vouchers awarded under this section. ``(ii) The indications for each drug for which a neonatal exclusivity voucher was approved under section 505 or section 351 of the Public Health Service Act, and whether any other drugs with indications for populations other than neonates were approved with an indication for neonates under those sections. ``(iii) Whether, and to what extent, an unmet need related to the treatment or prevention of a disease or condition that affects the neonatal population was met through the approval of a neonatal drug. ``(iv) The value of the neonatal exclusivity voucher if transferred. ``(v) Identification of each drug for which a neonatal exclusivity voucher was used. ``(vi) The length of the period of time between the date on which a neonatal exclusivity voucher was awarded and the date on which it was used. ``(2) Report.--Not later than 1 year after the date under paragraph (1)(A), the Comptroller General shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing the results of the study under paragraph (1).''.", "summary": "Promoting Life-Saving New Therapies for Neonates Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to award the sponsor of a new drug or biological product for the treatment of newborns a neonatal drug exclusivity voucher upon approval of the medication. A neonatal drug exclusivity voucher is a transferable voucher for a one-year extension of all existing patents and marketing exclusivities for a brand name medication. For a sponsor to be eligible for a voucher, the new medication must: (1) treat a condition identified in the Priority List of Critical Needs for Neonates required under this Act, and (2) have been studied in newborns. A voucher may be revoked if the new medication is not marketed in the United States within one year of approval. A voucher may not be used: (1) to extend the marketing exclusivity period for a drug for which the FDA requires an assessment of the safety and effectiveness in newborns, or (2) on the same product as a priority review voucher. A sponsor intending to use a voucher must notify the FDA at least 15 months before the expiration of the patents or exclusivity to be extended. The Government Accountability Office must study the effectiveness of this voucher program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Entrepreneurship Act of 2015''. SEC. 2. PERMANENT SBA EXPRESS LOAN GUARANTEE FEE WAIVER FOR VETERANS. Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31)) is amended by adding at the end the following: ``(G) Guarantee fee waiver for veterans.-- ``(i) Guarantee fee waiver.--The Administrator may not collect a guarantee fee described in paragraph (18) in connection with a loan made under this paragraph to a veteran or spouse of a veteran on or after October 1, 2015. ``(ii) Exception.--If the President's budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, includes a cost for the program established under this subsection that is above zero, the requirements of clause (i) shall not apply to loans made during such upcoming fiscal year. ``(iii) Definition.--In this subparagraph, the term `veteran or spouse of a veteran' means-- ``(I) a veteran, as defined in section 3(q)(4); ``(II) an individual who is eligible to participate in the Transition Assistance Program established under section 1144 of title 10, United States Code; ``(III) a member of a reserve component of the Armed Forces named in section 10101 of title 10, United States Code; ``(IV) the spouse of an individual described in subclause (I), (II), or (III); or ``(V) the surviving spouse (as defined in section 101 of title 38, United States Code) of an individual described in subclause (I), (II), or (III) who died while serving on active duty or as a result of a disability that is service-connected (as defined in such section).''. SEC. 3. REPORT ON ACCESSIBILITY AND OUTREACH TO FEMALE VETERANS BY THE SMALL BUSINESS ADMINISTRATION. Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report assessing the level of outreach to and consultation with female veterans regarding access to capital by women's business centers (as described in section 29 of the Small Business Act (15 U.S.C. 656)) and Veterans Business Outreach Centers (as referred to in section 32 of such Act (15 U.S.C. 657b)). SEC. 4. BUSINESS LOANS PROGRAM. (a) Section 7(a) Funding Levels.--The third proviso under the heading ``business loans program account'' under the heading ``Small Business Administration'' under title V of division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235; 128 Stat. 2371) is amended by striking ``$18,750,000,000'' and inserting ``$23,500,000,000''. (b) Loan Limitations.--Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a)(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``No financial assistance'' and inserting the following: ``(i) In general.--No financial assistance''; and (B) by adding at the end the following: ``(ii) Liquidity.--On and after October 1, 2015, the Administrator may not guarantee a loan under this subsection if the lender determines that the borrower is unable to obtain credit elsewhere solely because the liquidity of the lender depends upon the guaranteed portion of the loan being sold on the secondary market.''; and (2) by adding at the end the following: ``(C) Lending limits of lenders.--On and after October 1, 2015, the Administrator may not guarantee a loan under this subsection if the sole purpose for requesting the guarantee is to allow the lender to exceed the legal lending limit of the lender.''. (c) Reporting.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Small Business Administration; (B) the term ``business loan'' means a loan made or guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)); (C) the term ``cancellation'' means that the Administrator approves a proposed business loan, but the prospective borrower determines not to take the business loan; and (D) the term ``net dollar amount of business loans'' means the difference between the total dollar amount of business loans and the total dollar amount of cancellations. (2) Requirement.--During the 3-year period beginning on the date of enactment of this Act, the Administrator shall submit to Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and the Committee on Small Business and the Committee on Appropriations of the House of Representatives a quarterly report regarding the loan programs carried out under section 7(a) of the Small Business Act (15 U.S.C. 636(a)), which shall include-- (A) for the fiscal year during which the report is submitted and the 3 fiscal years before such fiscal year-- (i) the weekly total dollar amount of business loans; (ii) the weekly total dollar amount of cancellations; (iii) the weekly net dollar amount of business loans-- (I) for all business loans; and (II) for each category of loan amount described in clause (i), (ii), or (iii) of section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)); (B) for the fiscal year during which the report is submitted-- (i) the amount of remaining authority for business loans, in dollar amount and as a percentage; and (ii) estimates of the date on which the net dollar amount of business loans will reach the maximum for such business loans based on daily net lending volume and extrapolations based on year to date net lending volume, quarterly net lending volume, and quarterly growth trends; (C) the number of early defaults (as determined by the Administrator) during the quarter covered by the report; (D) the total amount paid by borrowers in early default during the quarter covered by the report, as of the time of purchase of the guarantee; (E) the number of borrowers in early default that are franchisees; (F) the total amount of guarantees purchased by the Administrator during the quarter covered by the report; and (G) a description of the actions the Administrator is taking to combat early defaults administratively and any legislative action the Administrator recommends to address early defaults. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the Senate on July 23, 2015. Veterans Entrepreneurship Act of 2015 (Sec. 2) Amends the Small Business Act to prohibit the Small Business Administration (SBA) from collecting a guarantee fee in connection with a loan made under the SBA Express Program to a veteran or the spouse of a veteran on or after October 1, 2015, except during any upcoming fiscal year for which the President's budget, submitted to Congress, includes a cost for the Program that is above zero. (Sec. 3) Requires the SBA to assess for Congress the level of outreach to and consultation with female veterans regarding access to capital by women's business centers and Veterans Business Outreach Centers. (Sec. 4) Amends the Consolidated and Further Continuing Appropriations Act, 2015 to increase the limit from $18.75 billion to $23.5 billion for FY2015 commitments for general business loans for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans. Amends the Small Business Act to prohibit the SBA, starting October 1, 2015, from guaranteeing a loan if: the lender determines that the borrower is unable to obtain credit elsewhere solely because the lender's liquidity depends upon the guaranteed portion of the loan being sold on the secondary market, or the sole purpose for requesting the guarantee is to allow the lender to exceed its legal lending limit."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Universities Act of 2014''. SEC. 2. MANUFACTURING UNIVERSITIES. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the Institute of Standards and Technology. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Manufacturing industry.--The term ``manufacturing industry'' means an industry defined in North American Industry Classification System codes 31, 32, and 33. (4) United states manufacturing university.--The term ``United States manufacturing university'' means an institution of higher education that receives a designation from the Director under subsection (b)(1). (b) Manufacturing University Program.-- (1) Authorization.--The Director is authorized to establish a program to designate an institution of higher education as a United States manufacturing university. The Director, in coordination with the heads of other Federal agencies (including the Secretary of Defense, the Secretary of Energy, and the Director of the National Science Foundation), shall designate not more than 25 institutions of higher education as United States manufacturing universities. The Director shall award designations not earlier than January 1, 2015, and not later than March 31, 2015. (2) Funds provided.--An institution of higher education that receives a designation under paragraph (1) shall be awarded $5,000,000 for each fiscal year for a 4-year period beginning in the fiscal year in which the institution of higher education receives the designation under paragraph (1). (3) Use of funds.--Funds provided to an institution of higher education under this subsection shall be used to carry out the goals and meet the targets described in subsection (c)(2)(B). (c) Application.-- (1) In general.--An institution of higher education desiring a designation under subsection (b)(1) shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) submit data describing, as of the date of submission of the application-- (i) the engineering programs offered by the institution of higher education, including any focus on manufacturing engineering and curricula related to manufacturing industries; (ii) current joint projects relating to engineering between firms in the manufacturing industry and the institution of higher education; (iii) the percentage of students in the engineering program of the institution of higher education who participated in for-credit internship, cooperative education, or other similar programs with manufacturing firms in the most recent academic year for which information is available; (iv) the percentage of students enrolled at the institution of higher education who received a bachelor's degree, a master's degree, or a doctoral degree in engineering in the most recent academic year for which information is available, and a description of which engineering discipline each recipient of such degree studied; (v) the amount and purpose of research and development funding that manufacturing firms have provided to the institution of higher education for each of the 3 years preceding the date of submission of the application; (vi) the percentage of recent master's degree or doctoral degree graduates of the institution of higher education who have begun careers related to manufacturing and a description of-- (I) the institution's involvement in manufacturing startups; and (II) any new manufacturing businesses created by recent master's degree or doctoral degree graduates in the 3 years preceding the date of submission of the application; and (vii) the extent and a description of other programs at the institution of higher education related to manufacturing and entrepreneurship; and (B) submit a plan, including specific targets and goals to be achieved not later than 4 years after the date of designation under subsection (b)(1), describing-- (i) how the engineering programs offered by the institution of higher education will be improved to emphasize manufacturing engineering and curricula related to manufacturing industries; (ii) how the institution of higher education will increase the number of joint projects relating to engineering between manufacturing firms and the institution of higher education; (iii) how the institution of higher education will increase the number of students in the engineering program of the institution who participate in for-credit internship, cooperative education, or other similar programs in manufacturing firms; (iv) how the institution of higher education will increase the number of students who are United States citizens or permanent residents enrolled at the institution who receive a bachelor's degree, a master's degree, or a doctoral degree in engineering or applied science, in particular disciplines related to manufacturing, including chemical, electrical, mechanical, industrial, mechatronics, computer, biomedical, and nano engineering, as well as materials science, computer science, and applied mathematics; (v) how the institution of higher education will cover the costs of equipment and facilities related to its proposal and how it will increase funding from industry for research and development related to manufacturing; (vi) how the institution of higher education will increase the number of students who receive a degree from the institution of higher education who launch a new manufacturing business, as defined by the Bureau of Economic Analysis as the North American Industry Classification System code 3111 to 3399; (vii) how the institution of higher education will oversee interdisciplinary programs relating to advancing manufacturing productivity and innovation across various university colleges, departments, and programs; (viii) how the institution of higher education will designate an appropriate individual to oversee and coordinate the activities committed to as a part of the universities outlined ``manufacturing university'' plan who may be designated as a ``Chief Manufacturing Officer''; (ix) how the manufacturing engineering program can positively impact local and regional economic development; and (x) how the participating institutions and departments, particularly within engineering and business, will recognize and reward faculty, including through decisions of tenure, for developing innovative new means to increase interactions with manufacturing companies. (d) Administration of Program.-- (1) General policies.--The Director shall establish and publish general policies regarding-- (A) review of applications; (B) criteria for selection of institutions of higher education to receive a designation under subsection (b)(1); (C) procedures and criteria for the review required in paragraph (2); and (D) such other matters as the Director may prescribe. (2) Review.-- (A) In general.--Not later than 2 years after the date an institution of higher education receives a designation under subsection (b)(1), the Director shall conduct a review of the progress the institution of higher education has made toward the targets and goals described in subsection (c)(2)(B). If the Director determines that the institution of higher education is making adequate progress toward such targets and goals, funds provided under subsection (b)(1) shall continue for the remainder of the designation period. (B) Progress report.--Each institution of higher education receiving a designation under subsection (b)(1) shall submit a report each year that includes information on the progress the institution is making toward the targets and goals described in subsection (c)(2)(B). (C) Renewal.--An institution of higher education receiving a designation under subsection (b)(1) shall not be eligible to receive funds under subsection (b)(2) after the expiration of the 4-year period. (3) Report required.--Not later than September 30 of each year, the Director shall submit to Congress a report that includes-- (A) a list of the institutions of higher education that have received a designation under subsection (b)(1); and (B) a description of the progress such institutions of higher education have made toward the targets and goals described in subsection (c)(2)(B). (e) Assistance for Small Businesses.--Not later than 6 months after the date of enactment of this Act, the Director, in cooperation with the Administrator of the Small Business Administration, shall make recommendations on how the programs established under Phase III of the Small Business Act (15 U.S.C. 638), can be adapted to provide assistance to small businesses that collaborate with United States manufacturing universities. (f) Authorization of Appropriations.--There are authorized to be appropriated $125,000,000 for each of fiscal years 2015, 2016, 2017, and 2018 to carry out the provisions of this section.", "summary": "Manufacturing Universities Act of 2014 - Authorizes the National Institute of Standards and Technology (NIST) to establish a program to designate up to 25 institutions of higher education as U.S. manufacturing universities that are to be awarded funds over a four-year period. Requires an institution applying for such program to submit a plan describing its engineering programs, its relationship to manufacturing industries, and its ability to positively impact local and regional economic development. Requires NIST to recommend adaptations to certain Small Business Act programs to assist small businesses that collaborate with such universities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Montgomery GI Bill Improvements Act of 2001''. SEC. 2. REPEAL OF PAY REDUCTION AND ELECTION NOT TO ENROLL IN BASIC EDUCATIONAL ASSISTANCE. (a) Pay Reduction.--(1) Section 3011 of title 38, United States Code, is amended by striking subsection (b). (2) Section 3012 of that title is amended by striking subsection (c). (b) Authority To Elect Not To Enroll.--(1) Section 3011(c) of that title is amended-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Section 3012(d) of that title is amended-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (c) Opportunities To Withdraw Election Not To Enroll.--(1) Section 3016(a)(1) of that title is amended by striking ``, and does not make an election under section 3011(c)(1) or section 3012(d)(1)''. (2) Sections 3018A and 3018B of that title are each amended by adding at the end the following new subsection: ``(e) Notwithstanding subsection (b), no reduction in the pay of an individual under this section shall be made for months beginning on or after the date that is six months after the date of the enactment of the Montgomery GI Bill Improvements Act of 2001. Any obligation of an individual under subsection (b) as of the commencement of such month shall be deemed to be fully satisfied as of the date of the commencement of such month.''. (3)(A) Section 3018C(e) of that title is amended-- (i) by striking paragraphs (3) and (4); and (ii) by redesignating paragraph (5) as paragraph (3). (B) Section 3018C of that title is amended by adding at the end the following new subsection: ``(f) Notwithstanding subsection (b), no reduction in the pay of an individual under this section shall be made for months beginning on or after the date that is six months after the date of the enactment of the Montgomery GI Bill Improvements Act of 2001. Any obligation of an individual under subsection (b) as of the commencement of such month shall be deemed to be fully satisfied as of the date of the commencement of such month.''. (d) Effective Date.--The amendments made by subsections (a) and (b) shall take effect six months after the date of the enactment of this Act, and apply to individuals whose initial obligated period of active duty under section 3011 or 3012 of title 38, United States Code, as the case may be, begins on or after such date. (e) Termination of Pay Reductions in Progress.--Any reduction in the basic pay of an individual referred to in subsection (b) of section 3011 of title 38, United States Code, by reason of such subsection, or of any individual referred to in subsection (c) of section 3012 of such title by reason of such subsection, shall cease commencing with months beginning on or after the date that is six months after the date of the enactment of this Act, and any obligation of such individual under such subsection (b) or (c), as the case may be, as of that date shall be deemed to be fully satisfied as of the date of the commencement of the first such month. SEC. 3. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE BY MEMBERS WITH 15 YEARS OF ACTIVE DUTY SERVICE. (a) Transfer of Entitlement.--Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3020. Transfer of entitlement to basic educational assistance: individuals with 15 years of active duty service ``(a) An individual described in subsection (b) who is entitled to basic educational assistance under this subchapter may transfer, in whole or in part, such individual's entitlement to such assistance to the dependents specified in subsection (c). ``(b) An individual described in this subsection is any individual entitled to basic educational assistance under this subchapter who has completed not less than 15 years of service on active duty as a member of the Armed Forces. ``(c) An individual may transfer entitlement under this section as follows: ``(1) To the individual's spouse. ``(2) To one or more of the individual's children. ``(3) To a combination of the individuals referred to in paragraphs (1) and (2). ``(d) An individual transferring entitlement to basic educational assistance under this section shall-- ``(1) designate the dependent or dependents to whom such entitlement is being transferred and the percentage of such entitlement to be transferred to each such dependent; and ``(2) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). ``(e)(1) Subject to the time limitation for use of entitlement under section 3031 of this title, an individual may transfer entitlement under this section at any time without regard to whether the individual is a member of the Armed Forces when the transfer is executed. ``(2)(A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. ``(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to the Secretary. ``(f)(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. ``(2) Except as provided under subsection (d)(2) and subject to paragraph (4), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this subchapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. ``(3) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the individual to whom the entitlement is transferred. ``(4) The administrative provisions of this chapter (including the provisions set forth in section 3034(a)(1) of this title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. ``(5) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). ``(f) In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of this title. ``(g) The Secretary shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (e)(2), and shall specify the manner of the applicability of the administrative provisions referred to in subsection (e)(4) to a dependent to whom entitlement is transferred under this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3019 the following new item: ``3020. Transfer of entitlement to basic educational assistance: individuals with 15 years of active duty service.''. (c) Effective Date.--The amendments made by this section shall take effect six months after the date of the enactment of this Act. SEC. 4. EXTENSION OF TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT. (a) All Volunteer Force Program.--Section 3031 of title 38, United States Code, is amended-- (1) by striking ``10-year period'' each place it appears (other than subsection (g)) and inserting ``20-year period''; and (2) in subsection (g), by striking ``the last day'' and all that follows through ``Act'' and inserting ``November 30, 2019,''. (b) Educational Assistance for Selected Reserve.--Section 16133(a) of title 10, United States Code, is amended by striking ``10-year period'' and inserting ``20-year period''. SEC. 5. BENEFIT FOR MEMBERS OF SELECTED RESERVE CALLED TO ACTIVE DUTY FOR MORE THAN ONE YEAR FOR CONTINGENCY OPERATION. (a) Increased Benefit Under Educational Assistance for Selected Reserve.--Section 16131 of title 10, United States Code, is amended by adding at the end the following: ``(j) In the case of a member of the Selected Reserve entitled to educational assistance under this chapter who, during the period referred to in subsection (a) with respect to the member, is called or ordered to, or retained on, active duty for or in support of a contingency operation, the rate of the educational assistance allowance applicable to the member is as follows: ``(1) If the member's aggregate period on active duty for or in support of a contingency operation is more than one year but less than two years-- ``(A) for each month of full-time pursuit of a program of education, an amount equal to the average of the amount otherwise applicable to the person under subsection (b)(1)(A) and the amount applicable to an individual under section 3015(b)(1) of title 38; ``(B) for each month of three-quarter-time pursuit of a program of education, an amount equal to three- quarters of the amount determined under subparagraph (A); ``(C) for each month of half-time pursuit of a program of education, an amount equal to three-quarters of the amount determined under subparagraph (A); and ``(D) for each month of less than half-time pursuit of a program of education, an appropriately reduced amount, as determined under regulations prescribed under subsection (b)(1)(D), subject to the limitation specified in that subsection. ``(2) If the member's aggregate period on active duty for or in support of a contingency operation is more than two years but less than three years, the amount that would be applicable to the member under section 3015(b) of title 38 were the member an individual described by that section. ``(3) If the member's aggregate period on active duty for or in support of a contingency operation is more than three years, the amount that would be applicable to the member under section 3015(a) of title 38 were the member an individual described by that section.''. (b) Effect of Active Duty on Entitlement for Basic Assistance for Service in Selected Reserve.--(1) Clause (ii) of section 3012(a)(1)(A) of title 38, United States Code, is amended to read as follows: ``(ii) subject to subsection (b) of this section and beginning within one year after completion of the service on active duty described in clause (i) of this clause-- ``(I) serves at least four years of continuous duty in the Selected Reserve during which the individual participates satisfactorily in training as required by the Secretary concerned; or ``(II) during continuous duty in the Selected Reserve during which the individual participates satisfactorily in training as required by the Secretary concerned, serves on active duty for or in support of a contingency operation (as that term is defined in section 101(a) of title 10) for an aggregate period of not less than one year; or''. (2) Section 3015(c) of that title is amended-- (A) in paragraph (1), by striking ``paragraph (1)'' and inserting ``paragraph (1) or (2)''; and (B) by adding at the end the following new paragraph: ``(3) Paragraph (1) of this subsection also applies to an individual entitled to an educational assistance allowance under section 3012 of this title who is described in subsection (a)(1)(A)(ii)(II) of that section.''.", "summary": "Montgomery GI Bill Improvements Act of 2001 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to eliminate the pay reduction currently required of service members as a precondition to eligibility for benefits Permits certain service members to transfer their entitlement to benefits to their spouses or dependent children.Extends the period after discharge during which former service members may utilize their benefits.Increases benefits available to members of the Selected Reserve called to active duty as part of a contingency operation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildlife Corridors Conservation Act of 2010''. SEC. 2. NATIONAL FISH AND WILDLIFE HABITAT AND CORRIDORS INFORMATION PROGRAM. (a) Establishment.--Within 6 months after the date of enactment of this Act, the Secretary of the Interior, in cooperation with the States and Indian tribes, shall establish a National Fish and Wildlife Habitat and Corridors Information Program in accordance with the requirements of this section. (b) Purpose.--The purpose of this program is to-- (1) support States and Indian tribes in the development of a geographic information system database of fish and wildlife habitat and corridors that would inform planning and development decisions within each State and Indian tribe, enable each State and Indian tribe to model climate impacts and adaptation, and provide geographically specific enhancements of State and tribal wildlife action plans; (2) ensure the collaborative development, with the States and Indian tribes, of a comprehensive, national geographic information system database of maps, models, data, surveys, informational products, and other geospatial information regarding fish and wildlife habitat and corridors, that-- (A) is based on consistent protocols for sampling and mapping across landscapes that take into account regional differences; and (B) that utilizes-- (i) existing and planned State- and tribal- based geographic information system databases; and (ii) existing databases, analytical tools, metadata activities, and other information products available through the National Biological Information Infrastructure maintained by the Secretary and nongovernmental organizations; and (3) facilitate the use of such databases by Federal, State, local, and tribal decisionmakers to incorporate qualitative and quantitative information on fish and wildlife habitat and corridors at the earliest possible stage to-- (A) prioritize and target natural resources adaptation strategies and activities; (B) avoid, minimize, and mitigate the impacts on fish and wildlife habitat and corridors in siting energy development, water, transmission, transportation, and other land use projects; (C) assess the impacts of existing development on habitats and corridors; and (D) develop management strategies to enhance the ability of native fish, wildlife, and plant species to migrate or respond to shifting habitats within existing habitats and corridors. (c) Habitat and Corridors Information System.-- (1) In general.--The Secretary, in cooperation with the States and Indian tribes, shall develop a Habitat and Corridors Information System. (2) Contents.--The System shall-- (A) include maps, data, and descriptions of fish and wildlife habitat and corridors, that-- (i) have been developed by Federal agencies, State wildlife agencies and natural heritage programs, Indian tribes, local governments, nongovernmental organizations, and industry; and (ii) meet accepted Geospatial Interoperability Framework data and metadata protocols and standards; (B) include maps and descriptions of projected shifts in habitats and corridors of fish and wildlife species in response to climate change; (C) assure data quality and make the data, models, and analyses included in the System available at scales useful to decisionmakers-- (i) to prioritize and target natural resources adaptation strategies and activities; (ii) to assess the impacts of proposed energy development, water, transmission, transportation, and other land use projects and avoid, minimize, and mitigate those impacts on habitats and corridors; (iii) to assess the impacts of existing development on habitats and corridors; and (iv) to develop management strategies to enhance the ability of fish, wildlife, and plant species to migrate or respond to shifting habitats within existing habitats and corridors; (D) establish a coordinated process for updating maps and other information as landscapes, habitats, corridors, and wildlife populations change or as other information becomes available; (E) encourage the development of collaborative plans by Federal and State agencies and Indian tribes to monitor and evaluate the efficacy of the System to meet the needs of decisionmakers; (F) identify gaps in habitat and corridor information, mapping, and research that should be addressed to fully understand and assess current data and metadata, and to prioritize research and future data collection activities for use in updating the System and provide support for those activities; (G) include mechanisms to support collaborative research, mapping, and planning of habitats and corridors by Federal and State agencies, Indian tribes, and other interested stakeholders; (H) incorporate biological and geospatial data on species and corridors affected by energy development and transmission plans, including renewable energy initiatives, transportation, and other land use plans; (I) be based on the best scientific information available; and (J) identify, prioritize, and describe key parcels of non-Federal land located within the boundaries of units of the National Park System, National Wildlife Refuge System, National Forest System, or National Grassland System that are critical to maintenance of wildlife habitat and migration corridors. (d) Financial and Other Support.--The Secretary may provide support to the States and Indian tribes, including financial and technical assistance, for activities that support the development and implementation of the System. (e) Coordination.--The Secretary, in cooperation with the States and Indian tribes, shall make recommendations on how the information developed in the System may be incorporated into existing relevant State and Federal plans affecting fish and wildlife, including land management plans, the State Comprehensive Wildlife Conservation Strategies, and appropriate tribal conservation plans, to ensure that they-- (1) prevent unnecessary habitat fragmentation and disruption of corridors; (2) promote the landscape connectivity necessary to allow wildlife to move as necessary to meet biological needs, adjust to shifts in habitat, and adapt to climate change; and (3) minimize the impacts of energy, development, water, transportation, and transmission projects and other activities expected to impact habitat and corridors. (f) Definitions.--In this section: (1) Geospatial interoperability framework.--The term ``Geospatial Interoperability Framework'' means the strategy utilized by the National Biological Information Infrastructure that is based upon accepted standards, specifications, and protocols adopted through the International Standards Organization, the Open Geospatial Consortium, and the Federal Geographic Data Committee, to manage, archive, integrate, analyze, and make accessible geospatial and biological data and metadata. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (g) Authorization of Appropriations.--To carry out this section there is authorized to be appropriated to the Secretary $1,000,000. SEC. 3. ADDITIONAL PROVISIONS REGARDING INDIAN TRIBES. (a) Federal Trust Responsibility.--Nothing in this Act is intended to amend, alter, or give priority over the Federal trust responsibility to Indian tribes. (b) Exemption From FOIA.--Information received by a Federal agency pursuant to this Act relating to the location, character, or ownership of human remains of a person of Indian ancestry; or resources, cultural items, uses, or activities identified by an Indian tribe as traditional or cultural because of the long-established significance or ceremonial nature to the Indian tribe; shall not be subject to disclosure under section 552 of title 5, United States Code, if the head of the agency, in consultation with the Secretary of the Interior and an affected Indian tribe, determines that disclosure may-- (1) cause a significant invasion of privacy; (2) risk harm to the human remains or resources, cultural items, uses, or activities; or (3) impede the use of a traditional religious site by practitioners. (c) Application of Other Law.--The Secretary of the Interior may apply the provisions of Public Law 93-638 where appropriate in the implementation of this subpart. SEC. 4. WILDLIFE CORRIDORS STEWARDSHIP AND PROTECTION PROGRAM. (a) Establishment of Program.-- (1) In general.--Subject to paragraph (2), the Secretary of the Interior shall transfer amounts in the Wildlife Corridors Stewardship and Protection Fund established by this section, without further Act of appropriation, to the National Fish and Wildlife Foundation for use by the Foundation to establish and implement a Wildlife Corridors Stewardship and Protection Grant Program in accordance with this section to fund projects to advance important wildlife corridor stewardship and protection. (2) Administrative expenses.--The Secretary of the Interior may transfer funds to the Foundation under this subsection in advance, without regard to when expenses are incurred. The funds transferred shall be subject to the provisions of the National Fish and Wildlife Foundation Establishment Act, excluding subsection (a) of section 10 of that Act (16 U.S.C. 3709(a)). (b) Project Applicants.--A project proposal may be submitted to the Foundation for funding under the Program only by-- (1) an individual, corporation, partnership, non- governmental organization, trust, association, or other private entity; or (2) an officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State. (c) Project Selection.--The Foundation, in consultation with the Secretary, shall select for funding under the Program projects that will have the most significant on-the-ground impact for wildlife species of greatest conservation need by-- (1) enhancing the management and stewardship of important wildlife corridors identified by State or Federal agencies; or (2) protecting important wildlife corridors identified by State or Federal agencies. (d) Cost Sharing.--The Federal share of the cost of each project funded under the Program shall be not greater than 50 percent, and the non-Federal share required for such a project shall not be derived from any Federal grant program and may be paid in cash or in kind. (e) Administrative Expenses.--Of amounts transferred to the Foundation under this section each fiscal year, the Foundation may expend not more than 5 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to administer the Program. (f) Wildlife Corridors Stewardship and Protection Fund.-- (1) Establishment.--There is established in the Treasury a separate account, which shall be known as the ``Wildlife Corridors Stewardship and Protection Fund''. The Secretary of the Treasury shall deposit into the Fund-- (A) all amounts received by the Secretary of the Interior in the form of donations for wildlife corridor stewardship and protection under this section; and (B) other amounts appropriated to the Fund. (2) Donations.--The Secretary may accept donations of funds for wildlife corridor stewardship and protection under this section. SEC. 5. WILDLIFE CORRIDOR MANAGEMENT ON PUBLIC LANDS. (a) Finding.--Section 102(a)(8) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701(a)(8)) is amended by inserting ``, including important wildlife corridors,'' before ``in their natural condition''. (b) Definition of Areas of Critical Environmental Concern.--Section 103(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.1702(a)) is amended by inserting ``(including important wildlife corridors)'' after ``fish and wildlife resources''. SEC. 6. NATIONAL FOREST SYSTEM RESOURCE PLANNING. Section 6(e)(1) of the Forest and Rangeland Renewable Resources Act of 1974 (16 U.S.C. 1604(e)(1)) is amended by inserting ``important wildlife corridors,'' before ``and wilderness''. SEC. 7. TRANSPORTATION PROGRAMS. (a) Accommodation of Wildlife Movement.--As a condition for the receipt of Federal assistance for a highway construction project under title 23, United States Code, the Secretary of Transportation may ensure that a State or other recipient of such assistance gives the accommodation of wildlife movement full consideration during the development and construction of the project, as it relates to-- (1) improving motorist safety; (2) reducing wildlife mortality on highways; and (3) providing ecological connectivity to support population viability and other wildlife conservation objectives. (b) Specific Conditions.--In carrying out subsection (a), the Secretary shall ensure that a State or other recipient of assistance under title 23, United States Code-- (1) considers incorporating wildlife crossings in any highway construction project carried out using such assistance, and incorporates wildlife crossings in the project, if appropriate; (2) provides to the Secretary a statement of reasons explaining the extent of wildlife crossings to be included in such highway construction projects or why wildlife crossings are not appropriate; and (3) utilizes the best available commercial and scientific data in making determinations on incorporating wildlife crossings in such highway construction projects. SEC. 8. AGRICULTURAL CONSERVATION PROGRAMS. (a) Special Rule Involving Payments for Foregone Income.--Section 1240B(d)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(d)(3)) is amended to read as follows: ``(3) Special rule involving payments for foregone income.--In determining the amount and rate of payments under paragraph (2)(B), the Secretary may accord great significance to a practice that, as determined by the Secretary, promotes-- ``(A) residue management; ``(B) nutrient management; ``(C) air quality management; ``(D) invasive species management; ``(E) pollinator habitat; ``(F) animal carcass management technology; ``(G) pest management; or ``(H) wildlife corridor management.''. (b) Encouragement of Pollinator Development and Protection or Important Wildlife Corridor Stewardship and Protection.--Section 1244(h) of the Food Security Act of 1985 (16 U.S.C. 3844(h)) is amended to read as follows: ``(h) Encouragement of Pollinator Development and Protection or Important Wildlife Corridor Stewardship and Protection.--In carrying out any conservation program administered by the Secretary, the Secretary may, as appropriate, encourage-- ``(1) the development of habitat for native and managed pollinators; ``(2) the stewardship of habitat in important wildlife corridors; and ``(3) the use of conservation practices that benefit native and managed pollinators or important wildlife corridors identified as such by a State.''.", "summary": "Wildlife Corridors Conservation Act of 2010 - Establishes a National Fish and Wildlife Habitat and Corridors Information Program for the purposes of: (1) supporting states and Indian tribes in the development of a geographic information system database of fish and wildlife habitat and corridors that would inform planning and development decisions; and (2) facilitating the use of such databases, including the Habitat and Corridors Information System, by federal, state, local, and tribal decisionmakers to incorporate qualitative and quantitative information on such habitat and corridors at the earliest possible stage. Requires the development of a Habitat and Corridors Information System, as described in this Act. Bars certain information regarding the human remains of persons of Indian ancestry, or traditional or cultural resources, items, uses, or activities from disclosure under the Freedom of Information Act (FOIA), if specified determinations are made regarding such disclosure. Directs the National Fish and Wildlife Foundation to establish a Wildlife Corridors Stewardship and Protection Grant Program to fund projects by eligible applicants to advance important wildlife corridor stewardship and protection. States that it is U.S. policy, where appropriate, to manage important wildlife corridors in a manner that will preserve and protect their natural condition. Includes important wildlife corridors as \"areas of critical environmental concern.\" Requires coordination of important wildlife corridors under National Forest System land and resource management plans. Authorizes the Secretary of Agriculture (USDA): (1) under the Environmental Quality Incentives Program, in determining the amount and rate of payments involving foregone income of a producer, to accord great significance to a practice that promotes wildlife corridor management; and (2) in carrying out any USDA-administered conservation program, to encourage the stewardship of habitat in important wildlife corridors and the use of conservation practices that benefit important wildlife corridors identified as such by a state."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rape Survivor Child Custody Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Men who father children through rape should be prohibited from visiting or having custody of those children. (2) According to several studies, it is estimated that there are between 25,000 and 32,000 rape-related pregnancies annually in the United States. (3) A substantial number of women choose to raise their child conceived through rape and, as a result, may face custody battles with their rapists. (4) According to one study, 32.3 percent of women who were raped and became pregnant as a result of the rape kept their child. (5) Another study found that, of the 73 percent of women who became pregnant as a result of a rape and carried their pregnancies to term, 64 percent raised their children. (6) Rape is one of the most under-prosecuted serious crimes, with estimates of criminal conviction occurring in less than 5 percent of rapes. (7) The clear and convincing evidence standard is the most common standard for termination of parental rights among the 50 States, territories, and the District of Columbia. (8) The Supreme Court established that the clear and convincing evidence standard satisfies due process for allegations to terminate or restrict parental rights in Santosky v. Kramer (455 U.S. 745 (1982)). (9) Currently only 6 States have statutes allowing rape survivors to petition for the termination of parental rights of the rapist based on clear and convincing evidence that the child was conceived through rape. (10) A rapist pursuing parental or custody rights forces the survivor to have continued interaction with the rapist, which can have traumatic psychological effects on the survivor, making it more difficult for her to recover. (11) These traumatic effects on the mother can severely negatively impact her ability to raise a healthy child. (12) Rapists may use the threat of pursuing custody or parental rights to coerce survivors into not prosecuting rape, or otherwise harass, intimidate, or manipulate them. SEC. 3. GRANTS AUTHORIZED. The Attorney General shall make grants to States that have in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court shall grant upon clear and convincing evidence of rape. SEC. 4. APPLICATION. A State seeking a grant under this Act shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in section 3. SEC. 5. GRANT AMOUNT. The amount of a grant to a State under this Act shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs: (1) Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly referred to as the ``STOP Violence Against Women Formula Grant Program''). (2) Section 41601 of the Violence Against Women Act of 1994 (42 U.S.C. 14043g) (commonly referred to as the ``Sexual Assault Services Program''). SEC. 6. GRANT TERM. (a) In General.--The term of a grant under this Act shall be for one year. (b) Renewal.--A State that receives a grant under this Act may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require. (c) Limit.--A State may not receive a grant under this Act for more than 4 years. SEC. 7. USES OF FUNDS. A State that receives a grant under this section shall use-- (1) 25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of section 5; and (2) 75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of section 5. SEC. 8. TERMINATION DEFINED. (a) In General.--In this Act, the term ``termination'' means, when used with respect to parental rights, a complete and final termination of the parent's right to custody of, guardianship of, visitation with, access to, and inheritance from a child. (b) Rule of Construction.--Nothing in this section shall be construed to require a State, in order to receive a grant under this Act, to have in place a law that terminates any obligation of a person who fathered a child through rape to support the child. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $5,000,000 for each of fiscal years 2014 through 2018.", "summary": "Rape Survivor Child Custody Act - Directs the Attorney General to make grants to states that have in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court shall grant upon clear and convincing evidence of rape. Limits such a grant to: (1) an amount that is not greater than 10% of the average of the total funding of the 3 most recent awards a state received under the STOP Violence Against Women Formula Grant Program and the Sexual Assault Services Program; and (2) a 1-year term, subject to renewal for not more than 3 additional years. Requires a state that receives such a grant to use: (1) 25% of grant funds for permissible uses under the STOP Violence Against Women Formula Grant Program, and (2) 75% of funds for permissible uses under the Sexual Assault Services Program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Women and Alcohol Research Equity Act of 1996''. SEC. 2. FINDINGS. The Congress finds as follows with respect to the United States: (1) One of every 4 alcoholics receiving treatment is a woman. (2) In fiscal year 1995, the National Institute on Alcohol Abuse and Alcoholism had a total research budget of $191,186,000, and $43,997,080 of the budget (approximately 23 percent) was available for research on alcohol abuse and alcoholism among women. There are selected areas where alcohol contributes to a more rapid and severe development of disease in women than in men, and research on women exclusively in these areas is important. (3) According to data collected during the years 1980 through 1993 (in the survey known as the National Drug and Alcoholism Treatment Unit Survey), women represent approximately 30 percent of the clients presenting for alcohol problems in traditional public treatment facilities. A recent study has shown that women are more likely than men to use nontraditional health care systems for alcohol-related problems. No data exists to count women in nontraditional treatment settings; therefore, it is not possible to know whether women are overrepresented or underrepresented in all treatment settings in proportion to their numbers (30 percent). (4) Alcohol use by pregnant women is the leading known cause of mental retardation in newborns. Fetal alcohol syndrome (FAS), which is marked by dysfunction of the central nervous system and by prenatal and postnatal growth deficiency and facial malformations, strikes 1 to 3 out of every 1,000 newborns, or 3,600 to 10,000 babies a year, depending upon the national birth-rate. The incidence of less severe fetal alcohol effects (FAE) is at least 3 times that of fetal alcohol syndrome. For Black Americans, the risk of FAS remains about sevenfold higher than for whites, even after adjustment for the frequency of maternal alcohol intake, occurrence of chronic alcohol problems, and parity. Among Native Americans, the incidence of FAS varies among different cultures; some are similar to the overall U.S. population, while a much higher prevalence is reported for others. Research is also needed on the male contribution to birth abnormalities related to alcohol. (5) Most treatment programs do not provide child care or adequate alternatives for women entering treatment. (6) The death rate of female alcoholics is 50 to 100 percent higher than for male alcoholics. Proportionately more alcoholic women die of cirrhosis of the liver than do alcoholic men. Additionally, the combined effects of estrogen and alcohol may impact not only liver damage but osteoporosis as well. (7) The interval between onset of drinking-related problems and entry into treatment appears to be shorter for women than for men. Further, studies of women alcoholics in treatment suggest that they often experience greater physiological impairment earlier in their drinking careers, despite having consumed less alcohol than men. These findings suggest that the development of consequences associated with heavy drinking may be accelerated or ``telescoped'' in women. (8) Women become intoxicated faster than men. This may be due to a different enzyme and hormonal activity in women than in women. (9) Chronic, heavy drinking contributes to menstrual disorders, fertility problems, and premature menopause. (10) Alcohol use may be associated with an increased risk of breast cancer. Research indicates that the incidence of breast cancer increases when a woman consumes 1 ounce or more of absolute alcohol daily. (11) The National Institute on Alcohol Abuse and Alcoholism has identified areas for future research on alcohol abuse and alcoholism among women. As a result of stimulating research applications during the years 1993 through 1995, such Institute's portfolio on women and children has increased by $17,997,000, or more than 69 percent, over the fiscal year 1992 base of $26,000,000. SEC. 3. PROVISIONS REGARDING INCREASE IN AMOUNT OF FUNDS EXPENDED FOR RESEARCH ON ALCOHOL ABUSE AND ALCOHOLISM AMONG WOMEN. Section 464H(d) of the Public Health Service Act (42 U.S.C. 285n(d)) is amended by adding at the end the following paragraph: ``(3) Women's health.-- ``(A) For fiscal year 1997, of the first $191,186,000 appropriated under paragraph (1), the Director of the Institute shall obligate not less than $43,997,080 for the purpose of carrying out under this subpart projects of research on alcohol abuse and alcoholism among women. ``(B) In addition to the authorization of appropriations established in paragraph (1), there are authorized to be appropriated for carrying out the purpose specified in subparagraph (A) $25,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 and 1999.''.", "summary": "Women and Alcohol Research Equity Act of 1996 - Amends the Public Health Service Act to require that $44 million of the first $191 million appropriated to the National Institute on Alcohol Abuse and Alcoholism be obligated for research on alcohol abuse and alcoholism among women. Authorizes appropriations (in addition to the existing authorization of appropriations for the Institute) for such research regarding women."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S. Merchant Marine Academy Board of Visitors Enhancement Act''. SEC. 2. UNITED STATES MERCHANT MARINE ACADEMY BOARD OF VISITORS. Section 51312 of title 46, United States Code, is amended to read as follows: ``Sec. 51312. Board of Visitors ``(a) In General.--A Board of Visitors to the United States Merchant Marine Academy (referred to in this section as the `Board' and the `Academy', respectively) shall be established to provide independent advice and recommendations on matters relating to the United States Merchant Marine Academy. ``(b) Appointment and Membership.-- ``(1) In general.--Not later than 60 days after the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act, the Board shall be composed of-- ``(A) 2 Senators appointed by the chairman, in consultation with the ranking member, of the Committee on Commerce, Science, and Transportation of the Senate; ``(B) 3 members of the House of Representatives appointed by the chairman, in consultation with the ranking member, of the Committee on Armed Services of the House of Representatives; ``(C) 1 Senator appointed by the Vice President, who shall be a member of the Committee on Appropriations of the Senate; ``(D) 2 members of the House of Representatives appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader, at least 1 of whom shall be a member of the Committee on Appropriations of the House of Representatives; ``(E) the Commander of the Military Sealift Command; ``(F) the Assistant Commandant for Prevention Policy of the United States Coast Guard; ``(G) 4 individuals appointed by the President; and ``(H) as ex officio members-- ``(i) the chairman of the Committee on Commerce, Science, and Transportation of the Senate; ``(ii) the chairman of the Committee on Armed Services of the House of Representatives; ``(iii) the chairman of the Advisory Board to the Academy established under section 51313; and ``(iv) the member of the House of Representatives in whose congressional district the Academy is located, as a non-voting member, unless such member of the House of Representatives is appointed as a voting member of the Board under subparagraph (B) or (D). ``(2) Presidential appointees.--Of the individuals appointed by the President under paragraph (1)(H)-- ``(A) at least 2 shall be graduates of the Academy; ``(B) at least 1 shall be a senior corporate officer from a United States maritime shipping company that participates in the Maritime Security Program, or in any Maritime Administration program providing incentives for companies to register their vessels in the United States, and this appointment shall rotate biennially among such companies; and ``(C) 1 or more may be a Senate-confirmed Presidential appointee, a member of the Senior Executive Service, or an officer of flag-rank who from the United States Coast Guard, the National Oceanic and Atmospheric Administration, or any of the military services that commission graduates of the Academy, exclusive of the Board members described in subparagraph (E), (F), or (G) of paragraph (1). ``(3) Term of service.--Each member of the Board shall serve for a term of 2 years commencing at the beginning of each Congress, except that any member whose term on the Board has expired shall continue to serve until a successor is designated. ``(4) Vacancies.--If a member of the Board is no longer able to serve on the Board or resigns, the Designated Federal Officer selected under subsection (g)(2) shall immediately notify the official who appointed such member. Not later than 60 days after that notification, such official shall designate a replacement to serve the remainder of such member's term. ``(5) Current members.--Each member of the Board serving as a member of the Board on the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act shall continue to serve on the Board for the remainder of such member's term. ``(6) Designation and responsibility of substitute board members.-- ``(A) Authority to designate.--A member of the Board described in subparagraph (E), (F), or (G) of paragraph (1) or subparagraph (B) or (C) of paragraph (2) may, if unable to attend or participate in an activity described in subsection (d), (e), or (f), designate another individual to serve as a substitute member of the Board, on a temporary basis, to attend or participate in such activity. ``(B) Requirements.--A substitute member of the Board designated under subparagraph (A) shall be-- ``(i) an individual who has been appointed by the President and confirmed by the Senate; ``(ii) a member of the Senior Executive Service; or ``(iii) an officer of flag-rank who is employed by-- ``(I) the United States Coast Guard; or ``(II) the Military Sealift Command. ``(C) Participation.--A substitute member of the Board designated under subparagraph (A)-- ``(i) shall be permitted to fully participate in the proceedings and activities of the Board; ``(ii) shall report back to the member on the Board's activities not later than 15 days following the substitute member's participation in such activities; and ``(iii) shall be permitted to participate in the preparation of reports described in paragraph (j) related to any proceedings or activities of the Board in which such substitute member participates. ``(c) Chairperson.-- ``(1) In general.--On a biennial basis, the Board shall select from among its members, a member of the House of Representatives or a Senator to serve as the Chairperson. ``(2) Rotation.--A member of the House of Representatives and a member of the Senate shall alternately serve as the Chair of the Board on a biennial basis. ``(3) Term.--An individual may not serve as Chairperson for more than 1 consecutive term. ``(d) Meetings.-- ``(1) In general.--The Board shall meet several times each year as provided for in the Charter described in paragraph (2)(B), including at least 1 meeting held at the Academy. ``(2) Selection and consideration.--Not later than 60 days after the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act, the Designated Federal Officer selected under subsection (g)(2) shall organize a meeting of the Board for the purposes of-- ``(A) selecting a Chairperson; and ``(B) considering an official Charter for the Board, which shall provide for the meeting of the Board several times each year. ``(e) Visiting the Academy.-- ``(1) Annual visit.--The Board shall visit the Academy annually on a date selected by the Board, in consultation with the Secretary of Transportation and the Superintendent of the Academy. ``(2) Other visits.--In cooperation with the Superintendent, the Board or its members may make other visits to the Academy in connection with the duties of the Board. ``(3) Access.--While visiting the Academy under this subsection, members of the Board shall have reasonable access to the grounds, facilities, midshipmen, faculty, staff, and other personnel of the Academy for the purpose of carrying out the duties of the Board. ``(f) Responsibility.--The Board shall inquire into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy that the Board decides to consider. ``(g) Department of Transportation Support.--The Secretary of Transportation shall-- ``(1) provide support as deemed necessary by the Board for the performance of the Board's functions; ``(2) not later than 30 days after the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act, select a Designated Federal Officer to support the performance of the Board's functions; and ``(3) in cooperation with the Maritime Administrator and the Superintendent of the Academy, advise the Board of any institutional issues, consistent with applicable laws concerning the disclosure of information. ``(h) Staff.--Staff members may be designated to serve without reimbursement as staff for the Board by-- ``(1) the Chairperson of the Board; ``(2) the chairman of the Committee on Commerce, Science, and Transportation of the Senate; and ``(3) the chairman of the Committee on Armed Services of the House of Representatives. ``(i) Travel Expenses.--While serving away from home or regular place of business, a member of the Board or a staff member designated under subsection (h) shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code. ``(j) Reports.-- ``(1) Annual report.--Not later than 60 days after each annual visit required under subsection (e)(1), the Board shall submit to the President a written report of its actions, views, and recommendations pertaining to the Academy. ``(2) Other reports.--If the members of the Board visit the Academy under subsection (e)(2), the Board may-- ``(A) prepare a report on such visit; and ``(B) if approved by a majority of the members of the Board, submit such report to the President not later than 60 days after the date of the approval. ``(3) Advisors.--The Board may call in advisers-- ``(A) for consultation regarding the execution of the Board's responsibility under subsection (f); or ``(B) to assist in the preparation of a report described in paragraph (1) or (2). ``(4) Submission.--A report submitted to the President under paragraph (1) or (2) shall be concurrently submitted to-- ``(A) the Secretary of Transportation; ``(B) the Committee on Commerce, Science, and Transportation of the Senate; and ``(C) the Committee on Armed Services of the House of Representatives.''. Passed the Senate June 26, 2014. Attest: NANCY ERICKSON, Secretary.", "summary": "U.S. Merchant Marine Academy Board of Visitors Enhancement Act - Amends federal shipping law to: (1) expand the membership of the Board of Visitors to the U. S. Merchant Marine Academy, and (2) specify requirements for the presidential appointees. Authorizes certain Board members to designate another individual to serve as a substitute member of the Board, on a temporary basis, to attend or participate in any activity the Board member is unable to attend or participate in. Prescribes requirements for designated substitute Board members. Requires the Board to select biennially from among its members a member of the House of Representatives or a Senator to serve as Board Chairperson. Directs the Secretary of Transportation (DOT) to select a Designated Federal Officer to support the performance of the Board's functions. Directs the Board to report annually to the President on its actions, views, and recommendations with respect to the Academy."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Accountability Act of 2013''. SEC. 2. SEMIANNUAL REPORTS TO CONGRESS ON COST OF CERTAIN TRAVEL. (a) In General.--Subchapter I of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 518. Semiannual reports to Congress on cost of certain travel ``(a) Semiannual Reports.--Not later than June 30, 2014, and not later than 60 days after each 180-day period thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a semiannual report on covered travel made during the 180-day period covered by the report. ``(b) Matters Included.--Each report under subsection (a) shall include the following: ``(1) With respect to each instance of covered travel made during the period covered by the report-- ``(A) the purpose of such travel; ``(B) the destination; ``(C) the name and title of each employee included on such travel; ``(D) the duration of such travel; ``(E) the total cost to the Department of such travel; and ``(F) with respect to covered travel described in subsection (d)(2), the identity of the person or entity that paid or reimbursed for such travel. ``(2) The final costs to the Department with respect to all covered travel made during the period covered by the report, including costs relating to-- ``(A) transportation, including fares for travel by air, rail, bus, ferry, cruise ship, taxi, mass transit, or other mode of transportation; ``(B) expenses or reimbursements relating to operating and maintaining a car, including the costs of fuel and mileage; ``(C) passport and visa fees; ``(D) lodging; ``(E) per diem payments; ``(F) baggage charges; ``(G) computer rental fees; ``(H) rental of halls, auditoriums, or other spaces; ``(I) entertainment; ``(J) contractors; ``(K) registration fees; and ``(L) promotional items. ``(c) Duplicative Information.--Each report under subsection (a) shall include the information described in subsection (b) regardless of whether such information is also included in a report under section 517 of this title. ``(d) Covered Travel Defined.--In this section, the term `covered travel' means travel made by an employee of the Department of Veterans Affairs, including an employee who is stationed in a foreign country, on official business to any of the following locations: ``(1) If the Department or other element of the Federal Government pays for such travel, a location outside of-- ``(A) the several States; ``(B) the District of Columbia; ``(C) a territory, commonwealth, or possession of the United States; ``(D) Indian lands (as defined in section 4(4) of the Indian Gaming Regulatory Act (25 U.S.C. 2703(4))); or ``(E) the territorial waters of the United States. ``(2) If any person or entity other than the Federal Government pays (or reimburses) for such travel, any location, regardless of whether the location is inside or outside of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 517 the following new item: ``518. Semiannual reports to Congress on cost of certain travel.''. SEC. 3. REPORT OF INFECTIOUS DISEASE AT MEDICAL FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 7311 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) The Secretary shall report to the appropriate entity each case of a notifiable infectious disease or condition that is diagnosed at a medical facility of the Department of Veterans Affairs in accordance with the laws of the State in which the facility is located. ``(2) In addition to reporting each case of a notifiable infectious disease or condition at a medical facility of the Department pursuant to paragraph (1), the Secretary shall report each such case that is classified as a health-care-associated infection sentinel event to the accrediting organization of such facility. ``(3)(A) If the Secretary fails to report a case of a notifiable infectious disease or condition at a medical facility of the Department in accordance with State law pursuant to paragraph (1), the Secretary shall-- ``(i) take any remedial action required under the laws of the State to correct such failure; and ``(ii) if the Secretary does not correct such failure pursuant to clause (i), pay to the State an amount equal to the amount that a medical facility not owned by the Federal Government that is located in the same State would pay as a penalty to such State for such failure. ``(B) The State may file a civil action against the Secretary in the United States district court for the district in which the medical facility is located to recover from the United States the amount described in subparagraph (A)(ii). ``(C) A civil action under subparagraph (B) may not be commenced later than two years after the cause of action accrues. ``(4)(A) In any case in which the Inspector General of the Department suspects that a director of a Veterans Integrated Service Network has failed to comply with an applicable provision of this subsection, the Inspector General shall conduct an investigation to determine whether such director failed to comply with an applicable provision of this section. ``(B) If the Inspector General determines under subparagraph (A) that a director has failed to comply with a provision of this subsection, the Secretary shall suspend such director for such period as the Secretary considers appropriate under subchapter I or subchapter II of chapter 75 of title 5, as the case may be. In addition to such suspension, the Secretary may impose such other administrative disciplinary action on the director as the Secretary considers appropriate and for which the Secretary is otherwise authorized. ``(5) The Secretary shall-- ``(A) maintain records of each notifiable infectious disease or condition reported pursuant to paragraph (1); and ``(B) submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a notification of each such notifiable infectious disease or condition. ``(6) In this subsection, the term `notifiable infectious disease or condition' means any infectious disease or condition that is-- ``(A) on the list of nationally notifiable diseases or conditions published by the Council of State and Territorial Epidemiologists and the Centers for Disease Control and Prevention; or ``(B) covered by a provision of law of a State that requires the reporting of infectious diseases or conditions.''. (b) Effective Date.--The reporting requirement under section 7311(f) of title 38, United States Code, as added by subsection (a), shall apply with respect to a case of a notifiable infectious disease or condition diagnosed at a medical facility of the Department of Veterans Affairs on or after the date that is 60 days after the date of the enactment of this Act. SEC. 4. PROHIBITION OF VISUAL RECORDING WITHOUT INFORMED CONSENT. Section 7331 of title 38, United States Code, is amended-- (1) by striking ``The Secretary, upon'' and inserting ``(a) In General.--The Secretary, upon''; and (2) by adding at the end the following new subsection: ``(b) Visual Recording.--(1) The Secretary shall prescribe regulations establishing procedures to ensure that, except as provided by paragraph (2), any visual recording made by the Secretary of a patient during the course of furnishing care under this title is carried out only with the full and informed consent of the patient or, in appropriate cases, a representative thereof. ``(2) The Secretary may waive the requirement for informed consent under paragraph (1) with respect to the visual recording of a patient if such recording is made-- ``(A) pursuant to a determination by a physician or psychologist that such recording is medically necessary or necessary for the safety of the patient; ``(B) pursuant to a warrant or order of a court of competent jurisdiction; or ``(C) in a public setting where a person would not have a reasonable expectation to privacy, such as a waiting room or hallway, and such recording is for general security purposes not particularized to the patient. ``(3) In this subsection, the term `visual recording' means the recording or transmission of images or video, but does not include-- ``(A) medical imaging, including such imaging produced by radiographic procedures, nuclear medicine, endoscopy, ultrasound, or other similar procedures; or ``(B) images, video, and other clinical information transmitted for the purposes of providing treatment through telehealth and telemedicine technologies.''. Amend the title so as to read: ``A bill to amend title 38, United States Code, to direct the Secretary of Veterans Affairs to submit to Congress semiannual reports on the cost of certain travel made by employees of the Department of Veterans Affairs, and for other purposes.''.", "summary": "Veterans Accountability Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to report semiannually to the congressional veterans committees on covered travel made by VA employees while on official business. Defines covered travel as travel: (1) outside the United States or its territories, possessions, or territorial waters, if paid for by the VA or another element of the government; or (2) to any location, if paid for by any person or entity other than the government. Requires each report to include the name of each employee and the destination, purpose, duration, total cost, and identity of a payor other than the government. Directs the Secretary to report each case of reportable infectious disease or condition (a disease or condition that a state requires to be reported) that occurs at a VA medical facility to the appropriate state entity and to report to the accrediting organization of such facility each case classified as a health-care-associated infection sentinel event. Requires the Secretary, upon a failure to report, to pay to a state the same penalty that a non-federal facility of such state would pay for a failure to report. Allows a state to file a civil action against the VA for the recovery of such amount. Requires the VA Inspector General to investigate and suspend and impose other appropriate administrative disciplinary action against a director of a Veterans Integrated Service Network who has failed to comply with such requirement. Directs the Secretary to prescribe regulations to ensure that any visual recording made by the Secretary of a patient during the course of furnishing care through the VA is carried out only with the full and informed consent of that patient. Allows the Secretary to waive such requirement if the recording is made: (1) upon a determination by a physician or psychologist that the recording is medically necessary or necessary for the patient's safety, (2) pursuant to a warrant or order of a court of competent jurisdiction, or (3) in a public setting where a person would not have a reasonable expectation to privacy (such as a waiting room or hallway) and the recording is for general security purposes not particularized to the patient."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Passenger Fairness Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The number of airline passengers on United States carriers is expected to grow from about 600 million per year today to about 1 billion by the year 2008. (2) Since 1978 the number of certified large air carriers has decreased from 30 to 10. In 1998, 6 of the United States' largest air carriers sought to enter into arrangements that would result in 3 large networks comprising approximately 70 percent of the domestic market. (3) Only \\2/3\\ of all communities in the United States that had scheduled air service in 1978 still have it today, and \\1/ 2\\ of those remaining are served by smaller airlines feeding hub airports. (4) The Department of Transportation's Domestic Airline Fares Consumer Report for the 3rd Quarter of 1997 listed 75 major city pairs where fares increased by 30 percent or more year-over-year, while total traffic in these city pairs decreased by 863,500 passengers, or more than 20 percent. (5) A 1998 Department of Transportation study found that large United States air carriers charge twice as much at their large hub airports where there is no low fare competition as they charge at a hub airport where a low fare competitor is present. The General Accounting Office found that fares range from 12 percent to 71 percent higher at hubs dominated by one carrier or a consortium. (6) Complaints filed with the Department of Transportation about airline travel have increased by more than 25 percent over the previous year, and complaints against large United States air carriers have increased from 6,394 in 1997 to 7,994 in 1998. (7) The 1997 National Civil Aviation Review Commission reported that recent data indicate the problem of delay in flights is getting worse, and that the number of daily aircraft delays of 15 minutes or longer was nearly 20 percent higher in 1996 than in 1995. (8) The 1997 National Civil Aviation Review Commission forecast that United States domestic and international passenger enplanements are expected to increase 52 percent between 1996 and 2006, and the Federal Aviation Administration forecasts annual growth in revenue passenger miles will average 4.2 percent. (9) A 1998 Department of Transportation study found that the large United States air carriers charge about 60 percent more to passengers traveling to or from small communities than they charge to passengers traveling between large communities. (10) The Congress has directed the Secretary of Transportation to prohibit unfair and deceptive practices in the airline industry. SEC. 3. FAIR PRACTICES FOR AIRLINE PASSENGERS. Section 41712 of title 49, United States Code, is amended-- (1) by striking ``On the initiative'' and inserting ``(a) Duty of the Secretary.--On the initiative''; and (2) by adding at the end thereof the following: ``(b) Specific Practices.--For purposes of subsection (a), the terms `unfair or deceptive practice' and `unfair method of competition' include, in the case of a certificated air carrier, an air carrier's failure-- ``(1) to inform a ticketed passenger, upon request, whether the flight on which the passenger is ticketed is oversold; ``(2) to permit a passenger holding a confirmed reserved space on a flight to use portions of that passenger's ticket for travel, rather than the entire ticket, regardless of the reason any other portion of the ticket is not used; ``(3) to deliver a passenger's checked baggage within 24 hours after arrival of the flight on which the passenger travelled and on which the passenger checked the baggage, except for reasonable delays in delivery of such baggage; ``(4) to provide a consumer full access to all fares for that air carrier, regardless of the technology the consumer uses to access the fares if such information is requested by that consumer; ``(5) to provide notice to each passenger holding a confirmed reserved space on a flight with reasonable prior notice when a scheduled flight will be delayed for any reason (other than reasons of national security); ``(6) to inform passengers accurately and truthfully of the reason for the delay, cancellation, or diversion of a flight; ``(7) to refund the full purchase price of an unused ticket if the passenger requests a refund within 48 hours after the ticket is purchased; ``(8) to disclose to consumers information that would enable them to make informed decisions about the comparative value of frequent flyer programs among airlines, including-- ``(A) the number of seats redeemable on each flight; and ``(B) the percentage of successful and failed redemptions on each airline and on each flight. ``(c) Report.--The Secretary shall include information about violations of subsection (a) by certificated air carriers in the Department of Transportation's monthly Air Travel Consumer Report. ``(d) Confirmed reserved space.--The term `confirmed reserved space' shall mean a space on a specific date and on a specific flight and class of service of a carrier which has been requested by a passenger and which the carrier or its agent has verified, by appropriate notation on the ticket or in any other manner provided by the carrier, as being reserved for the accommodation of the passenger.''.", "summary": "Airline Passenger Fairness Act - Amends Federal aviation law to revise provisions prohibiting an air carrier, foreign air carrier, or ticket agent from engaging in unfair or deceptive practices or unfair methods of competition in air transportation to include within the definition of such prohibited practices an air carrier's failure to: (1) inform a ticketed passenger, upon request, whether the flight on which the passenger is ticketed is oversold; (2) permit a passenger holding a confirmed reserved space on a flight to use portions of that passenger's ticket for travel, rather than the entire ticket, regardless of the reason any other portion of the ticket is not used; (3) deliver a passenger's checked baggage within 24 hours after the arrival of the flight on which the passenger traveled and on which the passenger checked the baggage, except for reasonable delays in delivery of such baggage; (4) provide a consumer full access to all fares for that air carrier, regardless of the technology the consumer uses to access the fares if such information is requested by that consumer; (5) provide notice to each passenger holding a confirmed reserved space on a flight with reasonable prior notice when a scheduled flight will be delayed for any reason (other than reasons of national security); (6) inform passengers accurately and truthfully of the reason for the delay, cancellation, or diversion of a flight; (7) refund the full purchase price of an unused ticket if the passenger requests a refund within 48 hours after the ticket is purchased; and (8) disclose to consumers information that would enable them to make informed decisions about the comparative value of frequent flyer programs among airlines."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``HSA Accessibility and Portability Act of 2006''. SEC. 2. PROMOTING ACCESSIBILITY AND AFFORDABILITY OF COVERAGE IN THE SMALL GROUP MARKET. Section 2711 of the Public Health Service Act (42 U.S.C. 300gg-11) is amended-- (1) in subsection (a)(1), by striking ``(f)'' and inserting ``(g)''; and (2) by adding at the end the following new subsection: ``(g) Election of Alternative to Guaranteed Issue Requirement.-- ``(1) Election.-- ``(A) In general.--A health insurance issuer may elect, with respect to any small employer (as defined in section 2791(e)(4)), to meet the requirements of paragraphs (2) and (3) instead of complying with the guaranteed issue requirement of subsection (a). ``(B) Requirement of accepting or rejecting all eligible individuals within entire group at time of election.--An election made under subparagraph (A) with respect to a small employer shall apply with respect to all eligible individuals of that small employer at the time of such election. ``(C) Subsequent eligible individuals.--In the case of an individual who becomes an eligible individual with respect to a small employer after an election has been made under subparagraph (A), the health insurance issuer is not required to provide group health insurance coverage for such individual. ``(2) Portability for individuals covered.--If an election is made under paragraph (1)(A) and under such election group health insurance coverage is provided by a health insurance issuer for an eligible individual of a small employer, the health insurance issuer shall guarantee continuation of coverage to the individual (and to covered dependents), through issuance of individual health insurance coverage, after the date the individual no longer qualifies as an eligible individual of such employer, at a rate that does not exceed 150 percent of the standard individual rate applicable to such individual coverage in the State in which the policy was initially issued. ``(3) Information on elections.--Any health insurance issuer making an election under paragraph (1)(A) shall furnish to the Secretary such information as the Secretary may require in order to monitor the impact of such election on access to, and affordability, of health insurance coverage in the small group market and in the individual market. Such information shall include at least information relating to the following: ``(A) Rejection rate.--The characteristics of small employers denied health insurance coverage because of this subsection. ``(B) Premium rates.--The rates charged for coverage offered under an election made under this subsection (in comparison to rates that are otherwise charged if this subsection were not in effect). ``(4) Limitation.--An election under paragraph (1)(A) may only be made with respect to coverage of a small employer under health insurance coverage that consists of a high deductible health plan (as defined in section 223(c)(2) of the Internal Revenue Code of 1986) and a contribution to a health savings account (as defined in section 223(d) of such Code). ``(5) Report.--At least 6 months before the end of the 5- year period beginning on the date of the enactment of this subsection, the Secretary shall submit to Congress a report on the impact of this subsection on the availability and affordability of health insurance coverage in the small group market and in the individual market. Such report shall include recommendations on whether this subsection should be extended beyond such period and whether it should be expanded to cover health insurance coverage in addition to the coverage described in paragraph (4). ``(6) Contingent sunset.--This subsection shall not apply to elections for small employers made by a health insurance issuer after the end of the 5-year period described in paragraph (5) if the Secretary, in the report to Congress under such paragraph, recommends that this subsection should not be extended beyond such period. If the Secretary makes such a recommendation, this subsection shall still continue to apply to elections made before the end of such 5-year period.''.", "summary": "HSA Accessibility and Portability Act of 2006 - Amends the Public Health Service Act to authorize a health insurance issuer to elect, instead of complying with the guaranteed issue requirements (that require a health insurance issuer offering coverage in the small group market in a state to accept every small employer that applies and to accept all eligible individuals without certain restrictions), to: (1) guarantee continuation of coverage through individual health insurance for an individual who no longer qualifies as an eligible individual of the employer at a rate that does not exceed 150% of the standard individual rate applicable to individual coverage in the state; and (2) furnish information for the Secretary of Health and Human Services to monitor the impact of such election on access to, and affordability of, health insurance coverage in the small group market and in the individual market. Requires such an election to apply to all eligible individuals of that small employer at the time of such election, but does not require applicability to an individual who becomes eligible after such election. Allows an election under this Act to be made only with respect to coverage of a small employer under health insurance coverage that consists of a high deductible health plan and a contribution to a health savings account."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Benefit Rating Acceleration for Veteran Entitlements Act of 2007''. SEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY RATED AND CERTIFIED AS TOTAL BY THE SECRETARY OF VETERANS AFFAIRS AS DISABILITY FOR PURPOSES OF TITLE II OF THE SOCIAL SECURITY ACT . (a) Disability for Purposes of Entitlement to Disability Insurance Benefits and Other Benefits Based on Disability.-- (1) In general.--Section 223(d) of the Social Security Act (42 U.S.C. 423(d)) is amended by adding at the end the following new paragraph: ``(7)(A) Notwithstanding the preceding provisions of this subsection, any individual who has a service-connected disability rated by the Secretary of Veterans Affairs as total for purposes of benefits under chapter 11 of title 38, United States Code, and presents written certification of such rating determination to the Commissioner of Social Security shall be deemed to be under a disability (within the meaning of the preceding paragraphs of this subsection) for each month-- ``(i) beginning with the month during which such certification is presented to the Commissioner, and ``(ii) ending with the earlier of-- ``(I) any month during which certification is made to the Commissioner pursuant to subparagraph (B) that such service-connected disability has ceased, or ``(II) any month during which the Commissioner determines, subject to subparagraph (C), that such individual is able to engage in substantial gainful activity. ``(B) In any case in which the Secretary of Veterans Affairs determines that an individual who has been determined by such Secretary to be totally disabled for purposes of benefits under chapter 11 of title 38, United States Code, and with respect to whom a certification has been made to the Commissioner pursuant to subparagraph (A) that such individual has ceased to be so disabled, such Secretary shall promptly certify to the Commissioner such Secretary's determination that such individual has ceased to be so disabled. ``(C) Any determination by the Commissioner under subparagraph (A)(ii)(II) shall be made on the basis of evidence of earnings, without consideration of any evidence of medical recovery. ``(D) Nothing in this paragraph shall be construed to preclude a determination under this title that an individual who is not deemed to be under a disability under subparagraph (A) is under a disability (within the meaning of the preceding paragraphs of this subsection). ``(E) The Commissioner of Social Security and the Secretary of Veterans Affairs shall enter into such arrangements as are necessary and appropriate for purposes of carrying out the provisions of this paragraph.''. (2) Other benefits based on disability.-- (A) Child's insurance benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended by adding at the end the following new sentence: ``Under regulations of the Commissioner of Social Security, the provisions of section 223(d)(7) shall apply with respect to benefits under this section (and determinations of disability made for purposes of determinations of entitlement to such benefits) in the same manner and to the same extent as such provisions apply with respect to benefits under section 223 (and determinations of disability made for purposes of determinations of entitlement to benefits under section 223).''. (B) Widow's insurance benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by adding at the end the following new sentence: ``Under regulations of the Commissioner of Social Security, the provisions of section 223(d)(7) shall apply with respect to benefits under this section (and determinations of disability made for purposes of determinations of entitlement to such benefits) in the same manner and to the same extent as such provisions apply with respect to benefits under section 223 (and determinations of disability made for purposes of determinations of entitlement to benefits under section 223).''. (C) Widower's insurance benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by adding at the end the following new sentence: ``Under regulations of the Commissioner of Social Security, the provisions of section 223(d)(7) shall apply with respect to benefits under this section (and determinations of disability made for purposes of determinations of entitlement to such benefits) in the same manner and to the same extent as such provisions apply with respect to benefits under section 223 (and determinations of disability made for purposes of determinations of entitlement to benefits under section 223).''. (b) Determinations of Periods of Disability.--Section 216(i) of such Act (42 U.S.C. 416(i)) is amended by adding at the end the following new paragraph: ``(3)(A) Notwithstanding paragraphs (1) and (2), any individual who has a service-connected disability rated by the Secretary of Veterans Affairs as total for purposes of benefits under chapter 11 of title 38, United States Code, and presents written certification of such rating determination to the Commissioner of Social Security shall be deemed to be under a disability (within the meaning of paragraph (1)) for each month-- ``(i) beginning with the month during which such certification is presented to the Commissioner, and ``(ii) ending with the earlier of-- ``(I) any month during which certification is made to the Commissioner pursuant to subparagraph (B) that such service-connected disability has ceased, or ``(II) any month during which the Commissioner determines, subject to subparagraph (C), that such individual is able to engage in substantial gainful activity. ``(B) In any case in which the Secretary of Veterans Affairs determines that an individual who has been determined by such Secretary to be totally disabled for purposes of benefits under chapter 11 of title 38, United States Code, and with respect to whom a certification has been made to the Commissioner pursuant to subparagraph (A) that such individual has ceased to be so disabled, such Secretary shall promptly certify to the Commissioner such Secretary's determination that such individual has ceased to be so disabled. ``(C) Any determination by the Commissioner under subparagraph (A)(ii)(II) shall be made on the basis of evidence of earnings, without consideration of any evidence of medical recovery. ``(D) Nothing in this paragraph shall be construed to preclude a determination under this title that an individual who is not deemed to be under a disability under subparagraph (A) is under a disability (within the meaning of paragraph (1)). ``(E) The Commissioner of Social Security and the Secretary of Veterans Affairs shall enter into such arrangements as are necessary and appropriate for purposes of carrying out the provisions of this paragraph.''. SEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED AS TOTAL BY THE SECRETARY OF VETERANS AFFAIRS AS DISABILITY FOR PURPOSES OF TITLE XVI OF THE SOCIAL SECURITY ACT. Section 1614(a)(3) of the Social Security Act (42 U.S.C. 1382c(a)(3)) is amended by adding at the end the following: ``(K) In making determinations with respect to disability under this title, the provisions of section 223(d)(7) shall apply in the same manner as they apply to determinations of disability under title II.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to determinations of disability in connection with applications for benefits or periods of disability filed or pending on or after the date of the enactment of this Act.", "summary": "Benefit Rating Acceleration for Veteran Entitlements Act of 2007 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to treat as a disability for OASDI and SSI disability payment purposes any service-connected total disability, as rated and certified by the Secretary of Veterans Affairs. Applies the same treatment to related child's insurance and widow's and widower's insurance benefits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Sage Grouse Protection and Recovery Act of 2016''. SEC. 2. PROTECTION AND RECOVERY OF GREATER SAGE GROUSE. (a) Definitions.--In this section: (1) Federal resource management plan.--The term ``Federal resource management plan'' means-- (A) a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); or (B) a land and resource management plan prepared by the Forest Service for National Forest System lands pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (2) Greater sage grouse.--The term ``Greater Sage Grouse'' means a sage grouse of the species Centrocercus urophasianus. (3) State management plan.--The term ``State management plan'' means a State-approved plan for the protection and recovery of the Greater Sage Grouse. (b) Purpose.--The purpose of this section is-- (1) to facilitate implementation of State management plans over a period of multiple, consecutive Greater Sage Grouse life cycles; and (2) to demonstrate the efficacy of the State management plans for the protection and recovery of the Greater Sage Grouse. (c) Delay in Making Endangered Species Act of 1973 Finding.-- (1) Delay required.--In the case of any State with a State management plan, the Secretary of the Interior may not make a finding under clause (i), (ii), or (iii) of section 4(b)(3)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) with respect to the Greater Sage Grouse in that State before September 30, 2026. (2) Effect on other laws.--The delay imposed by paragraph (1) is, and shall remain, effective without regard to any other statute, regulation, court order, legal settlement, or any other provision of law or in equity. (3) Effect on conservation status.--Until the date specified in paragraph (1), the conservation status of the Greater Sage Grouse shall remain not warranted for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Coordination of Federal Land Management and State Management Plans.-- (1) Prohibition on withdrawals and modifications of federal resource management plans.--In order to foster coordination between a State management plan and Federal resource management plans that affect the Greater Sage Grouse, upon notification by the Governor of a State with a State management plan, the Secretary of the Interior and the Secretary of Agriculture, as applicable, may not exercise authority under section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) to make, modify, or extend any withdrawal, nor amend or otherwise modify any Federal resource management plan applicable to Federal land in the State, in a manner inconsistent with the State management plan for a period, to be specified by the Governor in the notification, of at least five years beginning on the date of the notification. (2) Retroactive effect.--In the case of any State that provides notification under paragraph (1), if any withdrawal was made, modified, or extended or if any amendment or modification of a Federal resource management plan applicable to Federal lands in the State was issued during the three-year period preceding the date of the notification and the withdrawal, amendment, or modification altered management of the Greater Sage Grouse or its habitat, implementation and operation of the withdrawal, amendment, or modification shall be stayed to the extent that the withdrawal, amendment, or modification is inconsistent with the State management plan. The Federal resource management plan, as in effect immediately before the amendment or modification, shall apply instead with respect to management of the Greater Sage Grouse and its habitat, to the extent consistent with the State management plan. (3) Determination of inconsistency.--Any disagreement regarding whether a withdrawal, or an amendment or other modification of a Federal resource management plan, is inconsistent with a State management plan shall be resolved by the Governor of the affected State. (e) Relation to National Environmental Policy Act of 1969.--With regard to any major Federal action consistent with a State management plan, any findings, analyses, or conclusions regarding the Greater Sage Grouse or its habitat under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not have a preclusive effect on the approval or implementation of the major Federal action in that State. (f) Reporting Requirement.--Not later than one year after the date of the enactment of this Act and annually thereafter through 2026, the Secretary of the Interior and the Secretary of Agriculture shall jointly submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the Secretaries' implementation and effectiveness of systems to monitor the status of Greater Sage Grouse on Federal lands under their jurisdiction. (g) Judicial Review.--Notwithstanding any other provision of statute or regulation, the requirements and implementation of this section, including determinations made under subsection (d)(3), are not subject to judicial review.", "summary": "Greater Sage Grouse Protection and Recovery Act of 2016 This bill delays findings by the Department of the Interior with respect to the greater sage grouse under the Endangered Species Act until September 30, 2026. Additionally, Interior and the Department of Agriculture (USDA)are prohibited from amending any federal resource management plans that affect the greater sage grouse in a state in which the governor has notified Interior or USDA that a state management plan is in place."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tapping America's Energy Potential through Research and Development Act of 2012''. SEC. 2. ACTIVITIES. The Secretary, acting through the Assistant Secretary, shall carry out under this Act research, development, and demonstration activities of technologies that increase energy security and affordability by enabling the safe and responsible production of the vast domestic unconventional oil and gas resources of the United States. In carrying out the activities, the Secretary may conduct research and shall provide grants, cooperative agreements, contracts, or other assistance through a competitive selection process to eligible entities. SEC. 3. OIL SHALE RESEARCH AND DEVELOPMENT ACTIVITIES. (a) In General.--The Secretary, acting through the Assistant Secretary, shall carry out research, development, and demonstration activities to facilitate commercial application of energy technologies related to the exploration, development, and production of oil shale resources. (b) Objectives.--The objectives of such activities shall be-- (1) to address scientific and technological barriers to enable economically feasible production of oil shale; and (2) to minimize potential associated environmental impacts. (c) Implementation Plan.-- (1) In general.--Not later than 9 months after the date of enactment of this Act, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a program implementation plan that-- (A) details constraints and opportunities affecting oil shale development; (B) identifies strategies to enable such development; and (C) identifies and prioritizes research, development, and demonstration activities necessary to advance program objectives. (2) Consultation.--The Assistant Secretary shall consult with a broad range of stakeholders in the development and implementation of the plan. (d) Activities.--The Assistant Secretary may conduct research and shall make awards to eligible entities for research, development, and demonstration activities in areas that include the following: (1) Oil shale resource characterization. (2) Modeling and simulation of oil shale exploration and production technologies, including-- (A) advanced diagnostics and imaging systems; and (B) advanced computing applied to the physics and chemistry of oil shale production. (3) Minimization and re-use of water, including-- (A) benchmarking of current water use rates for multiple production methods; (B) potential reduction in water volume needed for operations; and (C) recovery, utilization, reduction, and improved management of produced water from exploration and production activities. (4) Efficient use of energy in exploration and production activities. (5) Utilization of exploration and production methods and materials that reduce the potential impact of such activities on the environment, including improved production methods for in-situ mining and ex-situ mining. (e) Activity Update.--Not later than 3 years after the date of enactment of this Act, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the progress of the activities under this section. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Assistant Secretary to carry out the activities of this section $10,000,000 for each of fiscal years 2013 through 2017. SEC. 4. SHALE EXTRACTION RESEARCH AND DEVELOPMENT ACTIVITIES. (a) In General.--The Secretary, acting through the Assistant Secretary, shall carry out research, development, and demonstration activities to facilitate commercial application of energy technologies related to the exploration, development, and production of oil, natural gas, and other liquid resources from shale formations. (b) Objectives.--The objectives of such activities shall be-- (1) to maximize the benefits of the United States shale oil and natural gas resources by advancing safe and responsible exploration, development, and production of these resources; (2) to minimize surface impacts from activities related to shale oil and natural gas production; (3) to focus on areas that provide benefits to the public and to industry; and (4) to advance the scientific and technological foundation available to producers, Federal and State Government agencies, and other stakeholders in identified research areas. (c) Activities.--The Assistant Secretary may conduct research and shall make awards to eligible entities for research, development, and demonstration activities in areas that include the following: (1) Water use and demand, which may include-- (A) potential reduction in the volume of water utilized for shale oil and natural gas production; and (B) alternative materials, substances, or ingredients for use in shale oil and natural gas operations that could mitigate the need for or volume of water used. (2) Water sourcing, which may include-- (A) expanding options for sources of water used in shale oil and natural gas operations; and (B) alternatives to groundwater or freshwater, such as water recovered from industrial or agricultural operations, brackish water, or surface water unsuitable for human or agricultural use, in areas with water supply concerns. (3) Materials used in shale oil and natural gas operations, which may include-- (A) increasing the efficiency of shale oil and natural gas operations by minimizing fluid use; (B) improving the understanding of the relationship between additives used in fracturing and the chemical and physical properties of different shale formations; and (C) enhancing permeability through improved proppants and other materials. (4) Diagnostic imaging and monitoring, which may include-- (A) increasing understanding of the propagation of fractures within target zones; and (B) advancing fundamental technologies that enable improved tracking and enhanced understanding of fracture movements. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Assistant Secretary to carry out the activities of this section $12,000,000 for each of fiscal years 2013 through 2015. SEC. 5. PRODUCED WATER UTILIZATION RESEARCH AND DEVELOPMENT ACTIVITIES. (a) In General.--The Secretary, acting through the Assistant Secretary, shall carry out research, development, and demonstration activities to facilitate commercial application of energy technologies for environmentally sustainable utilization of produced water for agricultural, irrigational, recreational, power generation, municipal, and industrial uses, or other environmentally sustainable purposes. (b) Activities.--The Assistant Secretary may conduct research and shall make awards to eligible entities for research, development, and demonstration activities, including improving safety and minimizing environmental impacts of activities, in areas that include the following: (1) Produced water recovery, including research for desalination and demineralization to reduce total dissolved solids in the produced water. (2) Produced water utilization for agricultural, irrigational, recreational, power generation, municipal, and industrial uses, or other environmentally sustainable purposes. (3) Re-injection of produced water into subsurface geological formations to increase energy production. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Assistant Secretary to carry out the activities of this section $5,000,000 for each of fiscal years 2013 through 2017. SEC. 6. ELIGIBLE ENTITIES. To be eligible for a grant, cooperative agreement, contract, or other assistance under this Act, an applicant shall be-- (1) an institution of higher education; (2) a National laboratory; (3) a private sector entity; (4) a nonprofit organization; or (5) a consortium of two or more entities described in paragraphs (1) through (4). SEC. 7. ADMINISTRATION. In carrying out the activities under this Act, the Secretary may enter into an agreement with a consortium whose members have collectively demonstrated capabilities and experience in planning and managing research, development, demonstration, and commercial application programs for unconventional natural gas and other petroleum production and produced water utilization. SEC. 8. COORDINATION. To the maximum extent practicable, the Secretary shall ensure that the activities under this Act are coordinated with, and do not duplicate the efforts of, programs at the Department of Energy and other Government agencies. SEC. 9. COST SHARING. All activities authorized by this Act shall adhere to the cost sharing guidelines established by section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). SEC. 10. LIMITATIONS. (a) In General.--All research, development, demonstration, and commercial application activities authorized by this Act shall be limited to technology areas that industry by itself is not likely to undertake because of technical and financial uncertainty. (b) Effect on Regulation.--Nothing in this Act creates any new authority for any Federal agency, or may be used by any Federal agency, to support the establishment of regulatory standards or regulatory requirements. SEC. 11. DEFINITIONS. In this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Energy for Fossil Energy. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (3) National laboratory.--The term ``National laboratory'' has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (4) Oil shale.--The term ``oil shale'' means the geologic deposits in which the petroleum component kerogen has not fully transformed into oil or gas. (5) Produced water.--The term ``produced water'' means water from an underground source that is brought to the surface as a part of the process of exploration for or development of coalbed methane, oil, natural gas, or any other substance to be used as an energy source. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. (7) Shale oil and natural gas.--The term ``shale oil and natural gas'' means oil, natural gas, and other liquid resources produced from shale formations.", "summary": "Tapping America's Energy Potential through Research and Development Act of 2012 - Directs the Secretary of Energy (Secretary), acting through the Assistant Secretary of Energy for Fossil Energy, to implement research, development, and demonstration (R&D) activities of technologies to: (1) enable safe and responsible production of domestic unconventional oil and gas resources; (2) facilitate commercial application of energy technologies for the exploration, development, and production of oil shale resources including oil, natural gas, and other liquid resources from shale formations; and (3) use produced water, in an environmentally sustainable manner, for agricultural, irrigational, recreational, power generation, municipal, and industrial purposes. Requires oil shale R&D activities to include: (1) oil shale resource characterization, (2) modeling and simulation of oil shale exploration and production technologies, and (3) minimization and re-use of water. Requires shale extraction R&D activities to include: (1) water use and demand, (2) water sourcing, (3) materials used in shale oil and natural gas operations, and (4) diagnostic imaging and monitoring. Includes among produced water utilization R&D activities: (1) produced water recovery, (2) use of produced water for specified environmentally sustainable purposes, and (3) re-injection of produced water into subsurface geological formations to increase energy production. Limits such activities to technology areas that industry by itself is not likely to undertake because of technical and financial uncertainty."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Value-Added Development Act for American Agriculture''. SEC. 2. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM. (a) Purposes.--The purposes of this section are to carry out a demonstration program under which agricultural producers are provided-- (1) technical assistance, including engineering services, applied research, scale production, and similar services to enable the producers to establish businesses for further processing of agricultural products; (2) marketing, market development, and business planning; (3) overall organizational, outreach, and development assistance to increase the viability, growth, and sustainability of value-added agricultural businesses. (b) Nature of Program.--The Secretary of Agriculture (in this section referred to as the ``Secretary'') shall-- (1) make grants to eligible applicants for the purposes of enabling the applicants to obtain the assistance described in subsection (a); and (2) provide assistance to eligible applicants through the research and technical services of the Department of Agriculture. (c) Eligibility Requirements.-- (1) In general.--An applicant shall be eligible for a grant and assistance described in subsection (b) to establish an Agriculture Innovation Center if-- (A) the applicant-- (i) has provided services similar to those described in subsection (a); or (ii) shows the capability of providing the services; (B) the application of the applicant for the grant and assistance sets forth a plan, in accordance with regulations which shall be prescribed by the Secretary, outlining support of the applicant in the agricultural community, the technical and other expertise of the applicant, and the goals of the applicant for increasing and improving the ability of local producers to develop markets and processes for value-added agricultural products; (C) the applicant demonstrates that resources (in cash or in kind) of definite value are available, or have been committed to be made available, to the applicant, to increase and improve the ability of local producers to develop markets and processes for value- added agricultural products; and (D) the applicant meets the requirement of paragraph (2). (2) Board of directors.--The requirement of this paragraph is that the applicant shall have a board of directors comprised of representatives of the following groups: (A) The 2 general agricultural organizations with the greatest number of members in the State in which the applicant is located. (B) The Department of Agriculture or similar State organization or department, for the State. (C) Organizations representing the 4 highest grossing commodities produced in the State, according to annual gross cash sales. (d) Grants and Assistance.-- (1) In general.--Subject to the availability of appropriations, the Secretary shall make annual grants to eligible applicants under this section, each of which grants shall not exceed the lesser of-- (A) $1,000,000; or (B) twice the dollar value of the resources (in cash or in kind) that the applicant has demonstrated are available, or have been committed to be made available, to the applicant in accordance with subsection (c)(1)(C). (2) Initial limitation.--In the first year of the demonstration program under this section, the Secretary shall make grants under this section, on a competitive basis, to not more than 10 eligible applicants. (3) Expansion of demonstration program.--In the second year of the demonstration program under this section, the Secretary may make grants under this section to not more than 10 eligible applicants, in addition to any entities to which grants are made under paragraph (2) for such year. (4) State limitation.--In the first 3 years of the demonstration program under this section, the Secretary shall not make a Agricultural Innovation Center Demonstration Program grant under this section to more than 1 entity in any State. (e) Use of Funds.--An entity to which a grant is made under this section may use the grant only for the following purposes: (1) Applied research. (2) Consulting services. (3) Office equipment. (4) Hiring of employees, at the discretion of the board of directors of the entity. (5) The making of matching grants, each of which shall be not more than $5,000, to agricultural producers, so long as the aggregate amount of all such matching grants shall be not more than $50,000. (6) Legal services. (f) Limitations on Authorization of Appropriations.--For grants and assistance under this section, there are authorized to be appropriated to the Secretary not more than-- (1) $10,000,000 for fiscal year 2002; (2) $20,000,000 for each of fiscal years 2003 and 2004. (g) Report on Best Practices.-- (1) Effects on the agricultural sector.--The Secretary shall utilize $300,000 per year of the funds appropriated pursuant to this section to support research at a land-grant university into the effects of value-added projects on agricultural producers and the commodity markets. The research should systematically examine possible effects on demand for agricultural commodities, market prices, farm income, and Federal outlays on commodity programs using linked, long-term, global projections of the agricultural sector. (2) Department of agriculture.--Not later than 3 years after the first 10 grants are made under this section, the Secretary shall prepare and submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and to the Committee on Agriculture of the House of Representatives a written report on the effectiveness of the demonstration program conducted under this section at improving the production of value-added agricultural products and on the effects of the program on the economic viability of the producers, which shall include the best practices and innovations found at each of the Agriculture Innovation Centers established under the demonstration program under this section, and detail the number and type of agricultural projects assisted, and the type of assistance provided, under this section.", "summary": "Value-Added Development Act for American Agriculture - Directs the Secretary of Agriculture to make grants to eligible applicants for an agricultural innovation center demonstration program to assist value-added agricultural businesses.Authorizes up to ten initial grants. Sets forth permitted fund uses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Voting Restoration Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Correctional institution or facility.--The term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election.--The term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office.--The term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. (4) Non-violent criminal offense.--The term ``non-violent criminal offense'' means any offense that is not a crime of violence (as defined in section 16 of title 18, United States Code). (5) Probation.--The term ``probation'' means probation or parole supervision, imposed by a Federal, State, or local court or parole board, with or without a condition on the individual involved concerning-- (A) the individual's freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court or parole board; or (D) supervision of the individual by an officer of the court or parole board. SEC. 3. RIGHTS OF CITIZENS. (a) Right To Vote.--The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because the individual has been convicted of a non-violent criminal offense, unless, at the time of the election, the individual-- (1) is serving a sentence in a correctional institution or facility; or (2) subject to subsection (b), is serving a term of probation. (b) Restoration of Voting Rights for Individuals on Probation.--An individual who is serving a term of probation shall have the right to vote restored in any election for Federal office-- (1) on the date on which the term of probation ends, if the term of probation is less than 1 year; or (2) on the date that is 1 year after the date on which the individual begins serving the term of probation, if the term of probation is 1 year or longer. (c) Effective Date.--This section shall take effect 1 year after the date of enactment of this Act. SEC. 4. ATTORNEY GENERAL DESIGNATION. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall determine which criminal offenses under Federal law and the laws of each State are non-violent criminal offenses and establish a list of all such offenses. (b) Requirements.--The list established under subsection (a) shall be-- (1) made publically available, in a searchable format, on the website of the Department of Justice; and (2) updated no less frequently than every year. SEC. 5. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private Right of Action.-- (1) In general.--A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Relief.--Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception.--If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 6. NOTIFICATION OF RESTORATION OF VOTING RIGHTS. (a) State Notification.-- (1) Notification.--On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a non-violent criminal offense under the law of that State that the individual has, pursuant to this Act, the right to vote in an election for Federal office and to register to vote in any such election, subject to section 7(c). (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual-- (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which the individual is sentenced by a State court. (b) Federal Notification.-- (1) Notification.--On the date determined under paragraph (2), the Director of the Bureau of Prisons shall notify in writing any individual who has been convicted of a non-violent criminal offense under Federal law that the individual has, pursuant to this Act, the right to vote in an election for Federal office and to register to vote in any such election, subject to section 7(c). (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual-- (i) is sentenced to serve only a term of probation by a court established by an Act of Congress; or (ii) is released from the custody of the Bureau of Prisons (other than to the custody of a State to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which the individual is sentenced by a State court. SEC. 7. RELATION TO OTHER LAWS. (a) State Laws Relating to Voting Rights.--Nothing in this Act shall be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Certain Federal Acts.--The rights and remedies established by this Act-- (1) are in addition to all other rights and remedies provided by law; and (2) shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg). (c) State Laws Relating to Voter Registration.--Nothing in this Act shall be construed to preempt State laws relating to the timing of voter registration for any election for Federal office. SEC. 8. FEDERAL PRISON FUNDS. (a) In General.--No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal grant amounts unless that person has in effect a program under which each individual incarcerated in that person's jurisdiction is notified, upon release from such incarceration, of that individual's rights under section 3. (b) State Non-Compliance With Notification Requirements.--No State may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal grant amounts unless the State is in compliance with the notification requirements under section 6(a).", "summary": "Civil Rights Voting Restoration Act of 2014 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because the individual has been convicted of a non-violent criminal offense, unless, at the time of the election, the individual is serving a sentence in a correctional facility or a term of probation. Restores the right to vote of an individual on probation: (1) on the date the term of probation ends, if such term is less than one year; or (2) one year after the date the individual begins serving the term of probation, if such term is one year or longer. Directs the Attorney General to determine and establish a list of the criminal offenses under federal and state law that are non-violent criminal offenses. Provides for enforcement of, and remedies for violations of, this Act. Sets forth requirements for state and federal notification of individuals of their voting rights pursuant to this Act. Prohibits a state, local government, or other person from receiving or using federal grant amounts to construct or improve a place of incarceration unless that person has in effect a program under which each incarcerated individual is notified, upon release, of his or her rights under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Care Corps Act of 2015''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Corps.--The term ``Corps'' means the National Care Corps established under section 3 of this Act. (2) Director.--The term ``Director'' means the Director of the Corps appointed under section 3(b)(1) of this Act. (3) Local care corps program.--The term ``local Care Corps program'' means a program funded with a grant awarded under section 10(b) of this Act that hosts Corps volunteers and arranges for them to provide approved services to individuals in need. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS. (a) In General.--There is established in the Department of Health and Human Services a program to be known as the ``National Care Corps'' through which Corps volunteers provide approved services to individuals in need via participation in local Care Corps programs. (b) Staff.-- (1) Appointment of director.--The Secretary, acting through the Administrator of the Administration for Community Living, shall appoint a Director of the Corps. (2) Duties of director.--The Director shall-- (A) design, develop, and administer Corps programs; (B) manage the daily operations of the Corps; and (C) report to the Administrator of the Administration for Community Living. (3) Authority to employ staff.--The Director may employ such staff as is necessary to carry out this Act. SEC. 4. SELECTION AND ELIGIBILITY OF VOLUNTEERS. (a) In General.-- (1) Selection.--The Director shall select eligible individuals as Corps volunteers. (2) Nondiscrimination.--In selecting Corps volunteers, the Director shall comply with all applicable provisions of State and Federal laws and regulations pertaining to nondiscrimination and equal employment opportunity. (b) Eligible Individuals.--To be eligible to serve as a volunteer in the Corps, an individual shall-- (1) be at least 18 years of age on or before December 31 of the calendar year in which the individual begins participation in the Corps; (2) agree to participate in the Corps for a period of not more than 24 months, consisting of not more than 2 terms of up to 12 months; (3) submit an application to the Director at such time, in such manner, and containing such information as the Director may require; (4) pass a criminal background check as described in subsection (c); and (5) agree to comply with such terms and conditions as the Director may require. (c) Criminal Background Check.-- (1) In general.--Before selecting any individual to serve as a volunteer in the Corps, the Director shall request a criminal background check of such individual on a nationwide basis. (2) Volunteer prohibitions.--An individual shall be ineligible to be a Corps volunteer if-- (A) such individual refuses to consent to the criminal background check; or (B) the criminal background check does not demonstrate to the Director's satisfaction that such individual is fit for Corps service. SEC. 5. AUTHORIZED BENEFITS FOR CORPS VOLUNTEERS. (a) In General.--The Director shall provide for Corps volunteers to receive allowances, health insurance, and post-service educational awards authorized by this section. (b) Allowances.--The Director shall provide each Corps volunteer with such living, travel, and leave allowances, and such housing, transportation, supplies, equipment, and subsistence as the Director determines to be necessary for the volunteer's maintenance and to ensure the volunteer's health and capacity to serve effectively. (c) Health Insurance.-- (1) In general.--The Director shall provide for each Corps volunteer to receive health insurance coverage. (2) Minimum essential coverage.--The health insurance coverage described paragraph (1) shall meet the requirements of section 5000A(f) of the Internal Revenue Code of 1986. (d) Post-Service Educational Award.-- (1) In general.--The Director shall establish an educational award for Corps volunteers. (2) Amounts.-- (A) Number of awards.--A Corps volunteer may receive up to 2 educational awards under this subsection, one for each term of service as a volunteer. (B) Amount for full term of service.--In the case of a Corps volunteer who completes a term of full-time service in the Corps for a period of 12 months, as determined by the Director, such volunteer shall receive an educational award having a value equal to the maximum amount of a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) that a student eligible for such grant may receive in the aggregate (without regard to whether the funds are provided through discretionary or mandatory appropriations) for the award year. (C) Incentive to pursue a degree in a health care profession.--In the case of a Corps volunteer who commits to using his or her educational award (or awards, if applicable) under this subsection for completion of a degree, a certificate, or training in a health care profession, the value of such awards shall be twice the value that would otherwise be applicable under subparagraph (B). (D) Amount for other periods of service.-- (i) In the case of a Corps volunteer who completes less than a 12-month term of full- time service in the Corps, as determined by the Director, such volunteer may receive a portion of the educational award described in subparagraph (B) or (C) (as applicable) that corresponds to the quantity of service actually completed by the volunteer. (ii) In the case of a Corps volunteer who completes more than 12 months of full-time service in the Corps, and less than 24 months of such service, as determined by the Director, such volunteer may receive, for the portion of service exceeding 12 months, a portion of the educational award described in subparagraph (B) or (C) (as applicable) that corresponds to the quantity of service actually completed by the volunteer. (3) Uses of award.--An educational award shall be used to pay-- (A) costs of attendance at an institution of higher education; or (B) government or commercial loans received by an individual for the cost of attendance at an institution of higher education. (4) Definitions.--For purposes of this subsection, the following definitions shall apply: (A) Cost of attendance.--The term ``cost of attendance'' has the meaning given such term by section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (B) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term under subsection (a) or (b) of section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (e) Federal Hiring Preference.--In the case of a Corps volunteer who completes at least one term of full-time service in the Corps for a total period of 12 months or more, as determined by the Director, such volunteer shall be eligible for appointment in the competitive service in the same manner as Peace Corps volunteers as prescribed in Executive Order Number 11103 (April 10, 1963). (f) Regulations.--The Director shall issue any regulations that the Director determines to be necessary to carry out this section. SEC. 6. ASSIGNMENT OF CORPS VOLUNTEERS TO SENIORS AND INDIVIDUALS WITH DISABILITIES. (a) Assignment of Corps Volunteers.-- (1) In general.--The Director shall assign each Corps volunteer to participate in a local Care Corps program. (2) Priority of assignment.--In assigning Corps volunteers to local Care Corps programs, the Director shall-- (A) take into consideration the population and geographic preferences of the volunteers; and (B) assign not less than 20 percent of volunteers to programs that serve geographic areas in which the Director determines there is a shortage of approved services available to individuals in need, with consideration given to low-income and minority populations. (b) Services Provided by Corps Volunteers.-- (1) In general.--The Director shall assign Corps volunteers only for providing approved services to individuals in need through participation in local Care Corps programs. (2) Approved services.--Approved services are services provided directly to individuals in need in home-based or community-based settings that-- (A) result in person-to-person, supportive relationships with each individual served; (B) support the achievement and maintenance of the highest level of independent living for each individual in need; (C) are supported by appropriate orientation, training, and supervision; and (D) are provided in support of, or in coordination with, a caregiver, if applicable. (3) Prohibited services.--In performing duties as a Corps volunteer, no volunteer shall provide-- (A) professional medical services; (B) administrative support services to a local Corps program; (C) care in an institutional setting; (D) care prohibited under State law; or (E) any other services determined by the director to be inconsistent with the purposes of the Corps. (4) Guidance regarding scope of services.--The Director shall issue guidance describing the scope of services that may be provided by Corps volunteers. In issuing such guidance, the Director shall provide for a public notice and comment period of not less than 60 days before issuing the guidance in final form. (c) Individual In Need.--The term ``individual in need'' means an individual who-- (1) is at least 65 years of age or has a disability as defined in section 3 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12102); (2) has difficultly with self-care or living independently; and (3) meets such other criteria as the Director determines to be appropriate. SEC. 7. TRAINING AND STANDARDS OF CONDUCT. (a) Pre-Assignment Training Program.--The Director shall develop a training program that provides Corps volunteers with instruction in the skills necessary to carry out an assignment in a local Care Corps program. Such training program shall include-- (1) at least 40 hours of instruction for each Corps volunteer for each term (of 12 months or less) to be served in the Corps by the volunteer; (2) additional training for volunteers whose assignment requires further instruction; and (3) any other requirements the Director determines to be appropriate. (b) Standards of Conduct.--The Director shall establish and enforce standards to promote proper conduct and discipline within the Corps. SEC. 8. STATUS OF CORPS VOLUNTEERS UNDER FEDERAL LAW. (a) In General.--Except as otherwise provided in this section, Corps volunteers shall not, by reason of their status as volunteers, be treated as Federal employees or be subject to the provisions of law relating to Federal employment. (b) Work-Related Injuries.-- (1) In general.--For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to the compensation of Federal employees for work injuries, Corps volunteers shall be treated as employees of the United States within the meaning of the term ``employee'', as defined in section 8101 of such title. (2) Special rule.--In the application of the provisions of subchapter I of chapter 81 of title 5, United States Code, to a Corps volunteer, the volunteer shall not be treated to be in the performance of duty while absent from the volunteer's assigned post of duty unless the absence is authorized in accordance with procedures prescribed by the Director. (c) Tort Claims Procedure.--A Corps volunteer shall be treated an employee of the United States for purposes of chapter 171 of title 28, United States Code, relating to tort claims liability and procedure. SEC. 9. REPORTING REQUIREMENTS. The Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living, shall transmit to Congress at least once in each fiscal year a report on the Corps. At minimum, such report shall include-- (1) a description of the population served by the Corps during the preceding fiscal year, including-- (A) an estimate of the number of individuals served in each State, disaggregated by race, ethnicity, and socioeconomic status; and (B) identification of the type of settings in which the services were provided; (2) an evaluation of Corps operations; and (3) recommendations, if any, for improving Corps operations. SEC. 10. LOCAL CARE CORPS PROGRAMS. (a) Functions of Local Care Corps Programs.--Local Care Corps programs shall-- (1) conduct in-person orientation and training for Corps volunteers; (2) develop and monitor volunteer assignments, which shall include selecting the individuals in need to be served by Corps volunteers, matching volunteers to assignments, and supervising volunteers; (3) maintain records and prepare reports as required by the Director; and (4) carry out any other activities determined to be appropriate by the Director. (b) Grants for Local Care Corps Programs.--The Director may award grants to qualified entities for the operation of local Care Corps programs. (1) Qualified entity.--The term ``qualified entity'' means a public or private nonprofit entity that is-- (A) part of an aging network, as defined by section 102(5) of the Older Americans Act of 1965 (42 U.S.C. 3002(5)); (B) a time-banking or volunteer organizing agency; (C) a State, county, or local government; or (D) any other entity determined to be appropriate by the Director. (2) Application process.--To be eligible for a grant under this subsection, a qualified entity shall-- (A) submit an application to the Director at such time, in such manner, and containing such information as the Director may require; and (B) abide by such terms and conditions as the Director determines to be appropriate. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $350,000,000 for each of the fiscal years beginning after the date of the enactment of this Act. (b) Continued Availability of Funds.--Amounts authorized to be appropriated under subsection (a) for a fiscal year are authorized to remain available for that fiscal year and the subsequent fiscal year.", "summary": "National Care Corps Act of 2015 Establishes in the Department of Health and Human Services the National Care Corps through which Corps volunteers provide certain services to individuals in need who are age 65 or older or have a disability and have difficulty with self-care or living independently."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Arlington National Cemetery Burial Eligibility Act''. SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NATIONAL CEMETERY. (a) In General.--Chapter 24 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2412. Arlington National Cemetery: persons eligible for burial ``(a) Primary Eligibility.--The remains of the following individuals may be buried in Arlington National Cemetery: ``(1) Any member of the Armed Forces who dies while on active duty. ``(2)(A) Any retired member of the Armed Forces. ``(B) Any member or former member of a reserve component of the Armed Forces-- ``(i) who served on active duty; ``(ii) who was honorably discharged from such active duty service; ``(iii) who, at the time of death, was under 60 years of age; and ``(iv) who, but for age, would have been eligible at the time of death for retired pay under chapter 1223 of title 10. ``(3) Any former member of the Armed Forces separated for physical disability before October 1, 1949, who-- ``(A) served on active duty; and ``(B) would have been eligible for retirement under the provisions of section 1201 of title 10 (relating to retirement for disability) had that section been in effect on the date of separation of the member. ``(4) Any former member of the Armed Forces whose last active duty military service terminated honorably and who has been awarded one of the following decorations: ``(A) Medal of Honor. ``(B) Distinguished Service Cross, Air Force Cross, or Navy Cross. ``(C) Distinguished Service Medal. ``(D) Silver Star. ``(E) Purple Heart. ``(5) Any former prisoner of war who dies on or after November 30, 1993. ``(6) Any member of a reserve component of the Armed Forces who dies in the performance of duty while on active duty for training or inactive duty training. ``(7) The President or any former President. ``(b) Eligibility of Family Members.--The remains of the following individuals may be buried in Arlington National Cemetery: ``(1) The spouse, surviving spouse (which for purposes of this paragraph includes any remarried surviving spouse, section 2402(5) of this title notwithstanding), minor child, and, at the discretion of the Superintendent, unmarried adult child of a person listed in subsection (a), but only if buried in the same gravesite as that person. ``(2)(A) The spouse, minor child, and, at the discretion of the Superintendent, unmarried adult child of a member of the Armed Forces on active duty if such spouse, minor child, or unmarried adult child dies while such member is on active duty. ``(B) The individual whose spouse, minor child, and unmarried adult child is eligible under subparagraph (A), but only if buried in the same gravesite as the spouse, minor child, or unmarried adult child. ``(3) The parents of a minor child or unmarried adult child whose remains, based on the eligibility of a parent, are already buried in Arlington National Cemetery, but only if buried in the same gravesite as that minor child or unmarried adult child. ``(4)(A) Subject to subparagraph (B), the surviving spouse, minor child, and, at the discretion of the Superintendent, unmarried adult child of a member of the Armed Forces who was lost, buried at sea, or officially determined to be permanently absent in a status of missing or missing in action. ``(B) A person is not eligible under subparagraph (A) if a memorial to honor the memory of the member is placed in a cemetery in the national cemetery system, unless the memorial is removed. A memorial removed under this subparagraph may be placed, at the discretion of the Superintendent, in Arlington National Cemetery. ``(5) The surviving spouse, minor child, and, at the discretion of the Superintendent, unmarried adult child of a member of the Armed Forces buried in a cemetery under the jurisdiction of the American Battle Monuments Commission. ``(c) Disabled Adult Unmarried Children.--In the case of an unmarried adult child who is incapable of self-support up to the time of death because of a physical or mental condition, the child may be buried under subsection (b) without requirement for approval by the Superintendent under that subsection if the burial is in the same gravesite as the gravesite in which the parent, who is eligible for burial under subsection (a), has been or will be buried. ``(d) Family Members of Persons Buried in a Group Gravesite.--In the case of a person eligible for burial under subsection (a) who is buried in Arlington National Cemetery as part of a group burial, the surviving spouse, minor child, or unmarried adult child of the member may not be buried in the group gravesite. ``(e) Exclusive Authority for Burial in Arlington National Cemetery.--(1) Eligibility for burial of remains in Arlington National Cemetery prescribed under this section is the exclusive eligibility for such burial. ``(2)(A) In the case of an individual not otherwise eligible for burial under subsection (a) whose acts, service, or contributions to the Armed Forces are so extraordinary as to justify burial in Arlington National Cemetery, the President may deem such individual eligible for burial under subsection (a). ``(B) If the President deems an individual eligible for burial in Arlington National Cemetery under subparagraph (A), the Secretary of the Army shall immediately notify the chairmen and the ranking members of the Committee on Veterans' Affairs of the Senate and House of Representatives. ``(C)(i) Except as provided in clause (ii), the authority under subparagraph (A) may not be delegated. ``(ii) The President may only delegate the authority under subparagraph (A) to the Secretary of the Army. ``(f) Application for Burial.--(1) A request for burial of remains of an individual in Arlington National Cemetery shall be made to the Secretary of the Army or to any other Federal official that the Secretary of the Army may specify. ``(2) The Secretary, or other Federal official, may not consider a request referred to in paragraph (1) that is made before the death of the individual for whom burial in Arlington National Cemetery is requested. ``(3) The President, or the Secretary, as the case may be, may not consider a request to deem an individual eligible for burial in Arlington National Cemetery under subsection (e)(2) that is made before the death of the individual for whom burial in Arlington National Cemetery is requested. ``(g) Register of Buried Individuals.--(1) The Secretary of the Army shall maintain a register of each individual buried in Arlington National Cemetery and shall make such register available to the public. ``(2) With respect to each such individual buried on or after January 1, 2002, the register shall include a brief description of the basis of eligibility of the individual for burial in Arlington National Cemetery. ``(h) Definitions.--For purposes of this section: ``(1) The term `retired member of the Armed Forces' means-- ``(A) any member of the Armed Forces on a retired list who served on active duty and who is entitled to retired pay; ``(B) any member of the Fleet Reserve or Fleet Marine Corps Reserve who served on active duty and who is entitled to retainer pay; and ``(C) any member of a reserve component of the Armed Forces who has served on active duty and who has received notice from the Secretary concerned under section 12731(d) of title 10, of eligibility for retired pay under chapter 1223 of title 10, United States Code. ``(2) The term `former member of the Armed Forces' includes a person whose service is considered active duty service pursuant to a determination of the Secretary of Defense under section 401 of Public Law 95-202 (38 U.S.C. 106 note). ``(3) The term `Superintendent' means the Superintendent of Arlington National Cemetery.''. (b) Publication of Updated Pamphlet.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall publish an updated pamphlet describing eligibility for burial in Arlington National Cemetery. The pamphlet shall reflect the provisions of section 2412 of title 38, United States Code, as added by subsection (a). (c) Clerical Amendment.--The table of sections at the beginning of chapter 24 of title 38, United States Code, is amended by adding at the end the following new item: ``2412. Arlington National Cemetery: persons eligible for burial.''. (d) Technical Amendment.--Section 2402(5) of title 38, United States Code, is amended by inserting ``, except section 2412(b)(1) of this title,'' after ``which for purposes of this chapter''. (e) Conforming Repeal.--Section 1176 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 38 U.S.C. 2402 note) is repealed. (f) Effective Date.--(1) Except as provided in paragraph (2), section 2412 of title 38, United States Code, as added by subsection (a), shall apply with respect to individuals dying on or after the date of the enactment of this Act. (2) In the case of an individual buried in Arlington National Cemetery before the date of the enactment of this Act, the surviving spouse of such individual is deemed to be eligible for burial in Arlington National Cemetery under subsection (b) of such section, but only in the same gravesite as such individual. SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COLUMBARIUM IN ARLINGTON NATIONAL CEMETERY. (a) In General.--Chapter 24 of title 38, United States Code, is amended by adding after section 2412, as added by section 2(a) of this Act, the following new section: ``Sec. 2413. Arlington National Cemetery: persons eligible for placement in columbarium ``The cremated remains of the following individuals may be placed in the columbarium in Arlington National Cemetery: ``(1) A person eligible for burial in Arlington National Cemetery under section 2412 of this title. ``(2)(A) A veteran whose last period of active duty service (other than active duty for training) ended honorably. ``(B) The spouse, surviving spouse, minor child, and, at the discretion of the Superintendent of Arlington National Cemetery, unmarried adult child of such a veteran.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 24 of title 38, United States Code, is amended by adding after section 2412, as added by section 2(c) of this Act, the following new item: ``2413. Arlington National Cemetery: persons eligible for placement in columbarium.''. (c) Conforming Amendment.--Section 11201(a)(1) of title 46, United States Code, is amended by inserting after subparagraph (B), the following new subparagraph: ``(C) Section 2413 (relating to placement in the columbarium in Arlington National Cemetery).''. (d) Effective Date.--Section 2413 of title 38, United States Code, as added by subsection (a), and section 11201(a)(1)(C), as added by subsection (c), shall apply with respect to individuals dying on or after the date of the enactment of this Act. SEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY. (a) In General.--Chapter 24 of title 38, United States Code, is amended by adding after section 2413, as added by section 3(a) of this Act, the following new section: ``Sec. 2414. Arlington National Cemetery: authorized headstones, markers, and monuments ``(a) Gravesite Markers Provided by the Secretary.--A gravesite in Arlington National Cemetery shall be appropriately marked in accordance with section 2404 of this title. ``(b) Gravesite Markers Provided at Private Expense.--(1) The Secretary of the Army shall prescribe regulations for the provision of headstones or markers to mark a gravesite at private expense in lieu of headstones and markers provided by the Secretary of Veterans Affairs in Arlington National Cemetery. ``(2) Such regulations shall ensure that-- ``(A) such headstones or markers are of simple design, dignified, and appropriate to a military cemetery; ``(B) the person providing such headstone or marker provides for the future maintenance of the headstone or marker in the event repairs are necessary; ``(C) the Secretary of the Army shall not be liable for maintenance of or damage to the headstone or marker; ``(D) such headstones or markers are aesthetically compatible with Arlington National Cemetery; and ``(E) such headstones or markers are permitted only in sections of Arlington National Cemetery authorized for such headstones or markers as of January 1, 1947. ``(c) Monuments.--(1) No monument (or similar structure as determined by the Secretary of the Army in regulations) may be placed in Arlington National Cemetery except pursuant to the provisions of this subsection. ``(2) A monument may be placed in Arlington National Cemetery if the monument commemorates-- ``(A) the service in the Armed Forces of the individual, or group of individuals, whose memory is to be honored by the monument; or ``(B) a particular military event. ``(3) No monument may be placed in Arlington National Cemetery until the end of the 25-year period beginning-- ``(A) in the case of commemoration of service under paragraph (1)(A), on the last day of the period of service so commemorated; and ``(B) in the case of commemoration of a particular military event under paragraph (1)(B), on the last day of the period of the event. ``(4) A monument may be placed only in those sections of Arlington National Cemetery designated by the Secretary of the Army for such placement.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 24 of title 38, United States Code, is amended by adding after section 2413, as added by section 3(b) of this Act, the following new item: ``2414. Arlington National Cemetery: authorized headstones, markers, and monuments.''. (c) Effective Date.--The amendment made by subsection (a) shall apply with respect to headstones, markers, or monuments placed in Arlington National Cemetery on or after the date of the enactment of this Act. SEC. 5. PUBLICATION OF REGULATIONS. Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall publish in the Federal Register any regulation proposed by the Secretary to carry out sections 2 through 4. SEC. 6. APPLICATION OF DEPARTMENT OF VETERANS AFFAIRS BENEFIT FOR GOVERNMENT MARKERS FOR MARKED GRAVES OF VETERANS AT PRIVATE CEMETERIES TO VETERANS DYING ON OR AFTER SEPTEMBER 11, 2001. (a) In General.--Subsection (d) of section 502 of the Veterans Education and Benefits Expansion Act of 2001 (Public Law 107-103; 115 Stat. 994; 38 U.S.C. 2306 note) is amended by striking ``the date of the enactment of this Act'' and inserting ``September 11, 2001''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of such section 502. Passed the House of Representatives July 22, 2002. Attest: JEFF TRANDAHL, Clerk.", "summary": "Arlington National Cemetery Burial Eligibility Act - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member of the armed forces; (3) any member or former member of a reserve component of the armed forces who served on active duty, who was honorably discharged from active duty, who was under 60 years of age, and who, but for such age, would have been eligible for retired pay; (4) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (5) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (6) any former prisoner of war who dies on or after November 30, 1993; (7) any reserve member who dies while on active duty for training or inactive duty training; (8) the President or any former President; (9) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member (but only if buried in the same grave site); (10) the spouse, minor child, and unmarried adult child (discretionary) of a member on active duty if such person dies while the member is on active duty; (11) the individual whose spouse, minor child, and unmarried adult child (discretionary) is eligible under (10), above, but only if buried in the same grave site; (12) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery, but only if buried in the same grave site; (13) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member who was lost, buried at sea, or officially determined to be permanently absent in a status of missing or missing in action; and (14) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member buried in a cemetery under the jurisdiction of the American Battle Monuments Commission.Authorizes the President to deem an otherwise ineligible individual as eligible for such burial for extraordinary acts, services, or contributions to the armed forces. Prohibits the consideration of a request for burial under such extraordinary circumstances that is made before the death of the individual involved.Directs the Secretary of the Army to: (1) maintain a register of each individual buried in the Cemetery that describes the basis of burial eligibility for individuals buried on or after January 1, 2002; and (2) publish an updated pamphlet describing eligibility for Cemetery burial.(Sec. 3) Authorizes the cremated remains of the following individuals to be placed in the Cemetery columbarium: (1) any person described above who is eligible for Cemetery burial; (2) a veteran whose last period of active duty service (other than for training) ended honorably; and (3) the spouse, surviving spouse, minor child, and, at the Superintendent's discretion, the unmarried adult child of a veteran whose last period of active service ended honorably.(Sec. 4) Requires a Cemetery grave site to be appropriately marked. Requires the Secretary to prescribe regulations for the provision of Cemetery headstones or markers at private expense in lieu of Cemetery headstones and markers provided by the Secretary of Veterans Affairs. Allows for the placement of Cemetery monuments for particular military service or a military event, but requires a 25-year wait after such service or event before the placing of such monument. (Sec. 6) Amends the Veterans Education and Benefits Expansion Act of 2001 to make a provision authorizing the Secretary of Veterans Affairs to furnish a headstone or marker for the graves of eligible veterans buried in private cemeteries effective with respect to veterans dying on or after September 11, 2001 (currently December 27, 2001)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe, Convenient, Reliable, Efficient, Effective, Next-Generation, Functional, and Secure TSA Act of 2016'' or the ``SCREEN FAST Act''. SEC. 2. PILOT PROGRAM FOR INCREASED EFFICIENCY AND SECURITY AT CATEGORY X AIRPORTS. (a) In General.--The Administrator of the Transportation Security Administration shall establish a pilot program at 3 airports to reconfigure and install security systems that increase efficiency and reduce vulnerabilities in airport terminals, particularly at airports that have large open areas where screening is conducted. (b) Selection of Airports.--In selecting airports for the pilot program established under subsection (a), the Administrator shall-- (1) select airports from among airports classified by the Transportation Security Administration as category X airports and that are able to begin the reconfiguration and installation of security systems expeditiously; and (2) give priority to an airport that-- (A) submits a proposal that seeks Federal funding for reconfiguration of the airport's security systems; (B) has the space needed to reduce vulnerabilities and reconfigure the existing security systems; and (C) is able to enter into a cost-sharing arrangement with the Transportation Security Administration under which the airport will provided funding equal to 25 percent of the cost of the pilot program. SEC. 3. PILOT PROGRAM FOR THE DEVELOPMENT AND TESTING OF PROTOTYPES FOR AIRPORT SECURITY SYSTEMS. (a) In General.--The Administrator of the Transportation Security Administration shall establish a pilot program at 3 airports to develop and test prototypes of screening security systems and security checkpoint configurations to expedite the movement of passengers by deploying a range of technologies including passive and active systems, new types of security baggage and personal screening systems, and new systems to review and address passenger and baggage anomalies. (b) Selection of Airports.--In selecting airports for the pilot program established under subsection (a), the Administrator shall-- (1) select airports from among airports classified by the Transportation Security Administration as category X airports that are able to begin the reconfiguration and installation of security systems expeditiously; (2) consider the space available at airports and the ability of airports to test prototypes; and (3) give priority to an airport that-- (A) submits a proposal that seeks Federal funding to test prototypes for new airport security systems; (B) has the space needed to reduce vulnerabilities and reconfigure the existing security systems; and (C) is able to enter into a cost-sharing arrangement with the Transportation Security Administration under which the airport will provided funding equal to 25 percent of the cost of the pilot program. SEC. 4. REPORT REQUIRED. Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a report on the pilot programs established under sections 2 and 3. SEC. 5. FUNDING. The Administrator of the Transportation Security Administration shall carry out the pilot programs established under sections 2 and 3 using amounts-- (1) appropriated to the Transportation Security Administration before the date of the enactment of this Act and available for obligation as of such date of enactment; and (2) amounts obtained as reimbursements from airports under those pilot programs. SEC. 6. ACCEPTANCE AND PROVISION OF RESOURCES BY THE TRANSPORTATION SECURITY ADMINISTRATION. Section 114(m) of title 49, United States Code, is amended by adding at the end the following: ``(3) Acceptance and provision of resources.--In carrying out the functions of the Administration, the Under Secretary shall have the authority-- ``(A) to provide or accept services, supplies, equipment, personnel, and facilities, with or without reimbursement, to or from any other public or private entity on such terms as the Under Secretary may consider appropriate and notwithstanding sections 1341 and 1501 through 1519 of title 31; and ``(B) upon the request of any person, to accept a monetary gift or bequest, to be available until expended, in accordance with the terms of the monetary gift or bequest, to the greatest extent practicable.''.", "summary": "Safe, Convenient, Reliable, Efficient, Effective, Next-Generation, Functional, and Secure TSA Act of 2016 or the SCREEN FAST Act This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security to establish a pilot program at three category X airports to reconfigure and install security systems that increase efficiency and reduce vulnerabilities in airport terminals, particularly those that have large open areas where screening occurs. The TSA shall also establish a pilot program at those airports to develop and test prototypes of screening security systems and security checkpoint configurations to expedite the movement of passengers by deploying an array of technologies including passive and active systems, new types of security baggage and passenger screening systems, and new systems to address passenger and baggage anomalies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Microenterprise and Asset Development Act''. SEC. 2. DISREGARD OF INCOME AND RESOURCES DESIGNATED FOR EDUCATION, TRAINING, AND EMPLOYABILITY. (a) Disregard as Resource.--Section 402(a)(7)(B) of the Social Security Act (42 U.S.C. 602(a)(7)(B)) is amended-- (1) by striking ``or'' before ``(iv)''; and (2) by inserting ``, or (v) in the case of a family receiving aid under the State plan (and a family not receiving such aid but which received such aid in at least 1 of the preceding 4 months or became ineligible for such aid during the preceding 12 months because of excessive earnings), any amount not to exceed $10,000 in a qualified asset account (as defined in section 406(i)) of such family'' before ``; and''. (b) Disregard as Income.-- (1) In general.--Section 402(a)(8)(A) of such Act (42 U.S.C. 602(a)(8)(A)) is amended-- (A) by striking ``and'' at the end of clause (vii); and (B) by inserting after clause (viii) the following new clause: ``(ix) shall disregard any interest or income earned on a qualified asset account (as defined in section 406(i)); and''. (2) Nonrecurring lump sum exempt from lump sum rule.-- Section 402(a)(17) of such Act (42 U.S.C. 602(a)(17)) is amended by adding at the end the following: ``; and that this paragraph shall not apply to earned or unearned income received in a month on a nonrecurring basis to the extent that such income is placed in a qualified asset account (as defined in section 406(i)) the total amounts in which, after such placement, does not exceed $10,000;''. (3) Treatment as income.--Section 402(a)(7) of such Act (42 U.S.C. 602(a)(7)) is amended-- (A) by striking ``and'' at the end of subparagraph (B); (B) by striking the semicolon at the end of subparagraph (C) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) shall treat as income any distributions from a qualified asset account (as defined in section 406(i)(1)) which do not meet the definition of a qualified distribution under section 406(i)(2);''. (c) Qualified Asset Accounts.--Section 406 of such Act (42 U.S.C. 606) is amended by adding at the end the following: ``(i)(1) The term `qualified asset account' means a mechanism approved by the State (such as individual retirement accounts, escrow accounts, or savings bonds) that allows savings of a family receiving aid to families with dependent children to be used for qualified distributions. ``(2) The term `qualified distributions' means distributions for expenses directly related to 1 or more of the following purposes: ``(A) The attendance of a member of the family at any education or training program. ``(B) The improvement of the employability (including self- employment) of a member of the family (such as through the purchase of an automobile). ``(C) The purchase of a home for the family. ``(D) A change of the family residence.''. (d) Study of Use of Qualified Asset Accounts; Report.--The Secretary of Health and Human Services shall conduct a study of the use of qualified asset accounts established pursuant to the amendments made by this section, and shall report on such study and any recommendations for modifications of such amendments to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than January 1, 1996. (e) Report on AFDC Asset Limit on Automobiles.--Within 3 months after the date of the enactment of this section, the Secretary of Health and Human Services shall submit to the Congress a report on-- (1) the need to revise the limitation, established in regulations pursuant to section 402(a)(7)(B)(i) of the Social Security Act, on the value of a family automobile required to be disregarded by a State in determining the eligibility of the family for aid to families with dependent children under the State plan approved under part A of title IV of such Act; and (2) the extent to which such a revision would increase the employability of recipients of such aid. (f) Effective Date.--The amendments made by this section shall take effect on October 1, 1993. SEC. 3. DISREGARD OF INCOME AND RESOURCES RELATED TO SELF-EMPLOYMENT. (a) State Plan Requirements.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting ``; and''; and (3) by inserting after paragraph (45) the following: ``(46) provide that the State agency-- ``(A)(i) shall not include as a resource of the family of which a child referred to in paragraph (7)(A) is a member, for purposes of paragraph (7)(B), the first $10,000 of the net worth (assets reduced by liabilities with respect thereto) of all microenterprises (as defined in section 406(j)(1)) owned, in whole or in part, by the child or by a relative or other individual referred to in paragraph (7)(A), for a period not to exceed 2 years; and ``(ii) shall take into consideration as earned income of the family of which the child is a member, only the net profits (as defined in section 406(j)(2)) of such microenterprises, for a period not to exceed 2 years; and ``(B) shall ensure that caseworkers are able to properly advise recipients of aid under the State plan of the option of microenterprise as a legitimate route towards self-sufficiency, and that caseworkers encourage recipients of such aid who are interested in starting a microenterprise to participate in a program designed to assist them in such effort.''. (b) Definitions.--Section 406 of such Act (42 U.S.C. 606), as amended by section 2(c) of this Act, is amended by adding at the end the following: ``(j)(1) The term `microenterprise' means a commercial enterprise which has 5 or fewer employees, 1 or more of whom owns the enterprise. ``(2) The term `net profits' means, with respect to a microenterprise, the gross receipts of the business, minus-- ``(A) payments of principal or interest on a loan to the microenterprise; ``(B) transportation expenses; ``(C) inventory costs; ``(D) expenditures to purchase capital equipment; ``(E) cash retained by the microenterprise for future use by the business; ``(F) taxes paid by reason of the business; ``(G) if the business is covered under a policy of insurance against loss-- ``(i) the premiums paid for such insurance; and ``(ii) the losses incurred by the business that are not reimbursed by the insurer solely by reason of the existence of a deductible with respect to the insurance policy; ``(H) the reasonable costs of obtaining 1 motor vehicle necessary for the conduct of the business; and ``(I) the other expenses of the business.''. (c) Inclusion of Microenterprise Training and Activities in the JOBS Program.-- (1) In general.--Section 482(d)(1) of such Act (42 U.S.C. 682(d)(1)) is amended by adding at the end the following: ``(C) The services and activities referred to in subparagraph (A)-- ``(i) in the case that at least 3 percent of the adult recipients of aid under the State plan approved under part A (as of the close of the immediately preceding fiscal year) elect to participate in microenterprise activities, shall include programs described in paragraph (4); or ``(ii) in the case that not more than 3 percent of the adult recipients of such aid elect to participate in microenterprise activities, may include programs described in paragraph (4).''. (2) Microenterprise programs.--Section 482(d) of such Act (42 U.S.C. 682(d)) is amended by adding at the end the following: ``(4) The programs described in this paragraph are programs of public and private organizations, agencies, and other entities (including nonprofit and for-profit entities) to enable such entities to facilitate economic development by-- ``(A) providing technical assistance, advice, and business support services (including assistance, advice, and support relating to business planning, financing, marketing, and other microenterprise development activities) to owners of microenterprises and persons developing microenterprises; and ``(B) providing general support (such as peer support and self-esteem programs) to owners of microenterprises and persons developing microenterprises.''. (d) Effective Date.--The amendments made by this section shall apply to payments under part A of title IV of the Social Security Act for calendar quarters beginning on or after October 1, 1993.", "summary": "Microenterprise and Asset Development Act - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients. Provides for State agency exclusion from AFDC eligibility determinations of certain resources related to microenterprise initiatives by AFDC recipients towards self-sufficiency. Requires State agencies to ensure that caseworkers advise AFDC recipients of the option for microenterprises. Provides for the inclusion of microenterprise training and activities in the JOBS program under SSA title IV part F (Job Opportunities and Basic Skills Training Program)."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safer Neighborhoods Gun Buyback Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--GUN BUYBACK GRANT PROGRAM Sec. 101. Program authorized. Sec. 102. Applications. Sec. 103. Term of grant. Sec. 104. Smart prepaid cards. Sec. 105. Uses of funds. Sec. 106. Definitions. Sec. 107. Authorization of appropriations. TITLE II--CRIMINAL PROVISION Sec. 201. Use of smart prepaid card to buy or sell a firearm. TITLE I--GUN BUYBACK GRANT PROGRAM SEC. 101. PROGRAM AUTHORIZED. (a) In General.--The Director of the Bureau of Justice Assistance (referred to in this title as the ``Director'') may make grants to eligible entities to conduct gun buyback programs. (b) Eligible Entity Defined.--In this title, the term ``eligible entity'' means-- (1) a State; (2) a unit of local government; or (3) a gun dealer if neither the unit of local government nor the State where such dealer is located receives a grant under this title. SEC. 102. APPLICATIONS. (a) Grants.--The chief executive of an eligible entity seeking a grant under this title shall submit an application to the Director at such time and containing such information as the Director may reasonably require. (b) Subgrants.--A gun dealer located in a unit of local government or State that does receive a grant under this title seeking a subgrant shall submit an application to the chief executive of such unit of local government or State at such time and containing such information as the chief executive may reasonably require, including proof of such dealer's license under section 923 of title 18, United States Code. SEC. 103. TERM OF GRANT. (a) Term.--The term of a grant awarded under this title shall be two years. (b) Availability of Grant Funds.-- (1) States or units of local government.--A State or unit of local government that receives a grant under this title shall return to the Director any remaining smart prepaid cards and any unused portion of such grant at the end of the two-year and 270-day period beginning on the date that the grant was awarded. (2) Gun dealers.--A gun dealer that receives a grant or subgrant under this title shall return to the Director any remaining smart prepaid cards and any unused portion of such grant or subgrant that was allocated to be used to buy back guns-- (A) in the case of a gun dealer receiving a grant, at the end of the two-year period beginning on the date that the grant was awarded; or (B) in the case of a gun dealer receiving a subgrant, at the end of the two-year period beginning on the date that the grant was awarded to the State or unit of local government from which the gun dealer received a subgrant. (c) Amounts Returned.--The Director shall return to the general fund of the Treasury any amounts returned under subsection (b). SEC. 104. SMART PREPAID CARDS. (a) In General.--In conducting the grant program authorized under section 101, the Director may reserve such funds as may be necessary to acquire and distribute smart prepaid cards to eligible entities that receive grants under this title. The Director shall distribute the smart prepaid cards without any funds loaded onto the cards. (b) Market Value of Guns.--The Director shall determine the market value of each gun that the Director determines should be included in the gun buyback program and make such information publicly available. (c) Prohibition on Use of Cards To Buy Guns.-- (1) In general.--A person may not use a smart prepaid card in the acquisition of a gun or ammunition, and a person may not accept a smart prepaid card in the transfer (including a loan) of a gun or ammunition. (2) Penalty.--A person that violates paragraph (1) shall pay to the Director an amount that is equal to the value of the prohibited sale. SEC. 105. USES OF FUNDS. (a) States and Units of Local Government.--A State or unit of local government receiving a grant under this title shall use such funds to do the following: (1) Gun buyback program.--Use such funds to-- (A) conduct a gun buyback program; or (B) make subgrants to gun dealers in such State or unit of local government to conduct gun buyback programs, and distribute the smart prepaid cards such State or unit of local government receives to gun dealers receiving subgrants. (2) Gun and ammunition recycling program.--Use not more than 10 percent of such funds to recycle the guns and ammunition that such State or unit of local government collects or receives from gun dealers. (3) Administrative costs.--Use not more than 15 percent of such funds for the administrative costs of carrying out the grant program under this title, including the criminal database checks under subsection (f). (b) Gun Dealers.-- (1) In general.--A gun dealer receiving a grant or subgrant under this title shall use such funds to conduct a gun buyback program. (2) Smart prepaid card amounts.-- (A) In order to purchase a gun through a gun buyback program, a gun dealer shall load onto a smart prepaid card 125 percent of the market value of the gun that the individual wishes to dispose of (as determined by the Director under section 104(b)). (B) A gun dealer may increase the purchase price of a gun and load an amount onto a smart prepaid card that is greater than 125 percent of the market value of the gun if the gun dealer determines that the gun has been altered in a way that would increase the market value of the gun (such as an altered grip, or the addition of a scope). (3) Guns received.-- (A) In the case of a gun dealer receiving a grant under this title, the gun dealer shall deliver a gun or ammunition the dealer receives under the gun buyback program to the closest office of the Bureau of Alcohol, Tobacco, Firearms and Explosives not later than 60 days after receiving such gun. (B) In the case of a gun dealer receiving a subgrant under this title, the gun dealer shall deliver a gun or ammunition the dealer receives under the gun buyback program to the State or unit of local government from which it receives the subgrant not later than 60 days after receiving such gun. (c) Ammunition Collection.--A State, unit of local government, or gun dealer conducting a gun buyback program under this title may accept ammunition from individuals wishing to dispose of it, which shall be recycled in accordance with paragraph (3), but may not use smart prepaid cards to purchase ammunition under the gun buyback program. (d) Incentives for Gun Dealer Participation.--To the extent that the Director determines necessary to facilitate participation of gun dealers in the gun buyback program, grant funds may be used to provide monetary or other incentives to gun dealers to participate in such program. For purposes of subsection (a), any such incentives shall be treated as part of the subgrant to the gun dealer described in paragraph (1)(B) thereof. (e) Resale of Guns Prohibited.--A State, unit of local government, or gun dealer conducting a gun buyback program under this title may not sell a gun or ammunition received under such program. (f) Criminal Database Check.--A State, unit of local government, or office of the Bureau of Alcohol, Tobacco, Firearms and Explosives that receives a gun under a gun buyback program under this title shall, not later than 21 days after receiving the gun, use any database accessible to the State, unit of local government, or office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, as applicable, in order to determine whether the gun was used in the commission of a crime. If such a gun was used in the commission of a crime, the gun shall be delivered to the appropriate prosecuting authority. SEC. 106. DEFINITIONS. In this title: (1) Ammunition.--The term ``ammunition'' has the meaning given such term in section 921(a)(17)(A) of title 18, United States Code. (2) Gun.--The term ``gun'' means ``firearm'' as defined in section 921(a)(3) of title 18, United States Code. (3) Gun buyback program.--The term ``gun buyback program'' means a program under which a State, a unit of local government, or a gun dealer, using smart prepaid cards as described in section 105(b)(2), purchases back from individuals wishing to dispose of them, a gun identified by the Director under section 104(b). (4) Gun dealer.--The term ``gun dealer'' means a dealer of firearms licensed under section 923 of title 18, United States Code. (5) Smart prepaid card.--The term ``smart prepaid card'' means a card issued by the Director that-- (A) is redeemable at multiple, unaffiliated merchants or service providers; (B) contains a mechanism, for the purpose of preventing the cardholder from using it to purchase a gun or ammunition, that recognizes the merchant category code of a merchant and prohibits the use of such card at a place of business subject to a license to deal in firearms under section 923 of title 18, United States Code; (C) is honored, upon presentation, by merchants solely for goods or services, except for merchants described in subparagraph (B); (D) is loaded on a prepaid basis by a State, unit of local government, or gun dealer for use in a gun buyback program; (E) clearly and conspicuously bears the words ``THIS CARD MAY NOT BE USED TO PURCHASE A GUN OR AMMUNITION'' in capital and raised letters on the card; and (F) may not redeemed for coins or currency. (6) State.--The term ``State'' means each of the 50 States, the District of Columbia, or any commonwealth, territory, or possession of the United States. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $360,000,000 for each of fiscal years 2017 through 2019 to carry out this title. TITLE II--CRIMINAL PROVISION SEC. 201. USE OF SMART PREPAID CARD IN THE ACQUISITION OR TRANSFER OF A FIREARM. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Use of smart prepaid card in the acquisition or transfer of a firearm ``Whoever, in or affecting interstate or foreign commerce, uses a smart prepaid card (as such term is defined in section 106 of the Safer Neighborhoods Gun Buyback Act of 2015) in connection with the acquisition of, or accepts a smart prepaid card in connection with the transfer (including a loan) of a firearm or ammunition shall be fined under this title, imprisoned for not more than 2 years, or both.''. (b) Clerical Amendments.-- (1) Conforming amendment.--Section 924(a)(1) of title 18, United States Code, is amended by inserting after ``section 929'' the following: ``or section 932''. (2) Table of sections.--The table of sections at the beginning of chapter 44, United States Code, is amended by inserting after the item relating to section 931 the following: ``932. Use of smart prepaid card in the acquisition or transfer of a firearm.''.", "summary": "Safer Neighborhoods Gun Buyback Act of 2015 This bill authorizes the Department of Justice's Bureau of Justice Assistance (BJA) to make grants to states, local governments, or gun dealers to conduct gun buyback programs. The BJA may distribute smart prepaid cards for use by a state, local government, or gun dealer to compensate individuals who dispose of firearms. Additionally, the bill amends the federal criminal code to make it a crime to use or accept a smart prepaid card in the acquisition or transfer of a firearm or ammunition. A violator is subject to a fine, up to two years in prison, or both."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Contractor Tax Simplification Act of 1996''. SEC. 2. FINDINGS. The Congress finds that: (1) Simplifying the tax rules with respect to independent contractors was the top vote-getter at the 1995 White House Conference on Small Business. Conference delegates recommended that Congress ``should recognize the legitimacy of an independent contractor''. The Conference found that the current common law is ``too subjective'' and called upon the Congress to establish ``realistic and consistent guidelines''. (2) It is in the best interests of taxpayers and the Federal Government to have fair and objective rules for determining who is an employee and who is an independent contractor. SEC. 3. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT EMPLOYEES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (general provisions relating to employment taxes) is amended by adding after section 3510 the following new section: ``SEC. 3511. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT EMPLOYEES. ``(a) General Rule.--For purposes of this title, and notwithstanding any provision of this title to the contrary, if the requirements of subsections (b), (c), and (d) are met with respect to any service performed by any individual, then with respect to such service-- ``(1) the service provider shall not be treated as an employee, ``(2) the service recipient shall not be treated as an employer, ``(3) the payor shall not be treated as an employer, and ``(4) compensation paid or received for such service shall not be treated as paid or received with respect to employment. ``(b) Service Provider Requirements With Regard to Service Recipient.--For the purposes of subsection (a), the requirements of this subsection are met if the service provider, in connection with performing the service-- ``(1) has a significant investment in assets, training, or both, ``(2) incurs significant unreimbursed expenses, ``(3) agrees to perform the service for a particular amount of time or to complete a specific result and is liable for damages for early termination without cause, ``(4) is paid primarily on a commissioned basis or per unit basis, or ``(5) purchases products for resale. ``(c) Additional Service Provider Requirements With Regard to Others.--For the purposes of subsection (a), the requirements of this subsection are met if-- ``(1) the service provider-- ``(A) has a principal place of business, ``(B) does not primarily provide the service at the service recipient's facilities, ``(C) pays a fair market rent for use of the service recipient's facilities, or ``(D) operates primarily from equipment not supplied by the service recipient; or ``(2) the service provider-- ``(A) is not required to perform service exclusively for the service recipient, and ``(B) in the year involved, or in the preceding or subsequent year-- ``(i) has performed a significant amount of service for other persons, ``(ii) has offered to perform service for other persons through-- ``(I) advertising, ``(II) individual written or oral solicitations, ``(III) listing with registries, agencies, brokers, and other persons in the business of providing referrals to other service recipients, or ``(IV) other similar activities, or ``(iii) provides service under a business name which is registered with (or for which a license has been obtained from) a State, a political subdivision of a State, or any agency or instrumentality of 1 or more States or political subdivisions. ``(d) Written Document Requirements.--For purposes of subsection (a), the requirements of this subsection are met if the services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed, or the payor, and such contract provides that the individual will not be treated as an employee with respect to such services for purposes of this subtitle. ``(e) Special Rules.--For purposes of this section-- ``(1) Failure to meet reporting requirements.--If for any taxable year any service recipient or payor fails to meet the applicable reporting requirements of sections 6041(a), 6041A(a), or 6051 with respect to a service provider, then, unless such failure is due to reasonable cause and not willful neglect, this section shall not apply in determining whether such service provider shall not be treated as an employee of such service recipient or payor for such year. ``(2) Related entities.--If the service provider is performing services through an entity owned in whole or in part by such service provider, then the references to `service provider' in subsections (b) through (d) may include such entity, provided that the written contract referred to in paragraph (1) of subsection (d) may be with either the service provider or such entity and need not be with both. ``(f) Definitions.--For the purposes of this section-- ``(1) Service provider.--The term `service provider' means any individual who performs service for another person. ``(2) Service recipient.--Except as provided in paragraph (5), the term `service recipient' means the person for whom the service provider performs such service. ``(3) Payor.--Except as provided in paragraph (5), the term `payor' means the person who pays the service provider for the performance of such service in the event that the service recipients do not pay the service provider. ``(4) In connection with performing the service.--The term `in connection with performing the service' means in connection or related to-- ``(A) the actual service performed by the service provider for the service recipients or for other persons for whom the service provider has performed similar service, or ``(B) the operation of the service provider's trade or business. ``(5) Exceptions.--The terms `service recipient' and `payor' do not include any entity which is owned in whole or in part by the service provider.'' (b) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Standards for determining whether individuals are not employees.'' (c) Effective Date.--The amendments made by this Act shall apply to services performed before, on, or after the date of the enactment of this Act.", "summary": "Independent Contractor Tax Simplification Act of 1996 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, a payor shall not be treated as an employer, and compensation paid or received for such service shall not be treated as paid or received with respect to employment if certain conditions are met."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Congressional Oversight Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Joint plan of action.--The term ``Joint Plan of Action''-- (A) means the Joint Plan of Action, signed at Geneva November 24, 2013, by Iran and the P5-plus-1 countries; and (B) includes all implementing materials and agreements related to the Joint Plan of Action, including the technical understandings reached on January 12, 2014, the extension agreed to on July 19, 2014, and the extension agreed to on November 24, 2014. (2) P5-plus-1 countries.--The term ``P5-plus-1 countries'' means the United States, France, the Russian Federation, the People's Republic of China, the United Kingdom, and Germany. SEC. 3. FINDINGS. Congress makes the following findings: (1) The acquisition of a nuclear weapon by the Islamic Republic of Iran would pose a grave and serious threat to international peace and security, including the national security of the United States and its allies. (2) The United States has led the international community in imposing unprecedented and crippling sanctions with respect to the nuclear program of Iran, which have helped to persuade the leadership of Iran to return to the negotiating table. (3) On November 24, 2013, Iran and the P5-plus-1 countries, made up of the 5 permanent members of the United Nations Security Council and Germany, entered into the Joint Plan of Action in order to establish verifiable limits on the nuclear activities of Iran that are of greatest concern with respect to proliferation and to facilitate negotiations toward a final comprehensive arrangement that would prevent Iran from developing a nuclear weapon. (4) On November 24, 2014, the P5-plus-1 countries and Iran extended the Joint Plan of Action to allow negotiations to continue with the goal of achieving a political framework arrangement by the end of March 2015, and full technical details by July 1, 2015. (5) Under the Joint Plan of Action, the Government of Iran has, among other steps, ceased enrichment of uranium to near-20 percent fissile U-235, neutralized its stockpile of 20-percent enriched uranium gas, halted major construction on its heavy water reactor at Arak, halted the installation of additional centrifuges and not operated its more advanced centrifuge machines to accumulate enriched uranium, allowed more frequent and intrusive inspections by the International Atomic Energy Agency, and allowed managed access to centrifuge production- related facilities and uranium mines and mills. (6) The International Atomic Energy Agency has reported, including in a January 20, 2015, report, that Iran has complied with its obligations under the Joint Plan of Action. (7) Iran has a history of deceit when it comes to its nuclear program and any final comprehensive arrangement must be airtight and verifiable to ensure that Iran will live up to its commitments. (8) The United States reserves the option to impose or reimpose certain sanctions in the event that Iran violates the Joint Plan of Action or any successor arrangement agreed to by the P5-plus-1 countries and Iran. (9) In his State of the Union address on January 20, 2015, President Barack Obama said, ``[We have a chance to negotiate a comprehensive agreement that prevents a nuclear-armed Iran, secures America and our allies--including Israel, while avoiding yet another Middle East conflict. There are no guarantees that negotiations will succeed, and I keep all options on the table to prevent a nuclear Iran.''. SEC. 4. ASSESSMENTS OF COMPLIANCE OF IRAN WITH NUCLEAR ARRANGEMENTS. (a) In General.--During the period during which the Joint Plan of Action or a successor arrangement with Iran is in effect, the President shall submit to Congress not less frequently than once every 90 days a report assessing the compliance of Iran with the Joint Plan of Action or the successor arrangement, as the case may be. (b) Determinations Required.--Each report required by subsection (a) with respect to the Joint Plan of Action or a successor arrangement shall include a determination by the President, made in consultation with the Director of National Intelligence, of the following: (1) Whether Iran has failed to fulfill the terms of the Joint Plan of Action or the successor arrangement. (2) Whether Iran has attempted to circumvent inspections by the International Atomic Energy Agency or has otherwise attempted to circumvent enforcement of the Joint Plan of Action or the successor arrangement. (3) Whether the International Atomic Energy Agency or any of the P5-plus-1 countries has accused Iran of violating the Joint Plan of Action or the successor arrangement and, if so, whether the accusation is credible and whether Iran has been apprised of the accusation. (c) Certification Required.--The President shall submit, with each report required by subsection (a), an unclassified certification by the President, made in consultation with the Director of National Intelligence, of whether Iran has complied with or violated the terms of the Joint Plan of Action or a successor arrangement. (d) Form of Reports.--Expect as provided in subsection (c), each report required by subsection (a) may be submitted in classified form or containing a classified annex, as appropriate. SEC. 5. EXPEDITED CONSIDERATION OF LEGISLATION TO REINSTATE WAIVED OR SUSPENDED SANCTIONS AFTER A VIOLATION OF A NUCLEAR ARRANGEMENT BY IRAN. (a) In General.--If a report required by section 4(a) is accompanied by a certification under section 4(c) by the President that Iran has violated the Joint Plan of Action or any successor arrangement, Congress may initiate expedited consideration of qualifying legislation pursuant to this section. (b) Qualifying Legislation Defined.--For the purposes of this section, the term ``qualifying legislation'' means only a bill of either House of Congress-- (1) that is introduced not later than 3 calendar days after the date on which the report described in subsection (a) is received by Congress; (2) the title of which is as follows: ``A bill reinstating sanctions imposed with respect to Iran and prohibiting the release of funds or assets to Iran.''; and (3) the matter after the enacting clause of which is as follows: ``All sanctions imposed with respect to Iran that were waived or suspended pursuant to the Joint Action Plan (as defined in section 2 of the Iran Congressional Oversight Act of 2015) or a successor arrangement are reinstated and the release of funds or assets to Iran pursuant to the Joint Action Plan or a successor arrangement is prohibited.''. (c) Fast Track Consideration in House of Representatives.-- (1) Reconvening.--Upon receipt of a report described in subsection (a), the Speaker of the House of Representatives, if the House would otherwise be adjourned, shall notify the Members of the House that, pursuant to this section, the House shall convene not later than the second calendar day after receipt of the report. (2) Reporting and discharge.--Any committee of the House of Representatives to which qualifying legislation is referred shall report it to the House not later than 5 calendar days after the date of receipt of the report described in subsection (a). If a committee fails to report the qualifying legislation within that period, the committee shall be discharged from further consideration of the qualifying legislation and the qualifying legislation shall be referred to the appropriate calendar. (3) Proceeding to consideration.--After each committee authorized to consider qualifying legislation reports it to the House or has been discharged from its consideration, it shall be in order, not later than the sixth day after Congress receives the report described in subsection (a), to move to proceed to consider the qualifying legislation in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the qualifying legislation. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (4) Consideration.--The qualifying legislation shall be considered as read. All points of order against the qualifying legislation and against its consideration are waived. The previous question shall be considered as ordered on the qualifying legislation to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the qualifying legislation shall not be in order. (d) Fast Track Consideration in Senate.-- (1) Reconvening.--Upon receipt of a report described in subsection (a), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of the report. (2) Placement on calendar.--Upon introduction in the Senate, the qualifying legislation shall be placed immediately on the calendar. (3) Floor consideration.-- (A) In general.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the fourth day after the date on which Congress receives a report described in subsection (a) and ending on the sixth day after the date on which Congress receives that report (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the qualifying legislation, and all points of order against the qualifying legislation (and against consideration of the qualifying legislation) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the qualifying legislation is agreed to, the qualifying legislation shall remain the unfinished business until disposed of. (B) Debate.--Debate on the qualifying legislation, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the qualifying legislation is not in order. (C) Vote on passage.--The vote on passage shall occur immediately following the conclusion of the debate on the qualifying legislation, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to qualifying legislation shall be decided without debate. (e) Rules Relating to Senate and House of Representatives.-- (1) Coordination with action by other house.--If, before the passage by one House of qualifying legislation of that House, that House receives qualifying legislation from the other House, then the following procedures shall apply: (A) The qualifying legislation of the other House shall not be referred to a committee. (B) With respect to qualifying legislation of the House receiving the legislation-- (i) the procedure in that House shall be the same as if no qualifying legislation had been received from the other House; but (ii) the vote on passage shall be on the qualifying legislation of the other House. (2) Treatment of qualifying legislation of other house.--If one House fails to introduce or consider qualifying legislation under this section, the qualifying legislation of the other House shall be entitled to expedited floor procedures under this section. (3) Treatment of companion measures.--If, following passage of the qualifying legislation in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (4) Subsequent measures.--If qualifying legislation has been considered under this section in both Houses of Congress pursuant to a report described in subsection (a), no further qualifying legislation shall be in order until Congress receives a new report described in subsection (a). (f) Vetoes.--If the President vetoes qualifying legislation, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. (g) Rules of House of Representatives and Senate.--This section and section 6 are enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of legislation described in those sections, and supersede other rules only to the extent that they are inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 6. CONSIDERATION IN THE SENATE OF ADDITIONAL LEGISLATION TO FURTHER RESPOND TO A VIOLATION BY IRAN OF A NUCLEAR ARRANGEMENT. (a) In General.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time during the 30-day period beginning on the date on which a report described in section 5(a) is received by Congress (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of legislation described in subsection (b), and all points of order against the legislation (and against consideration of the legislation) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the legislation is agreed to, the legislation shall remain the unfinished business until disposed of. (b) Legislation Described.--Legislation described in this subsection is such legislation as the majority leader of the Senate, after consultation with the minority leader, determines necessary to further respond to a violation by Iran the Joint Plan of Action or any successor arrangement. SEC. 7. ROLE OF CONGRESS IN LIFTING CONGRESSIONALLY MANDATED SANCTIONS. If the United States is a party to a comprehensive long-term arrangement with Iran relating to its nuclear program under which the United States commits to lifting sanctions imposed pursuant to any provision of law included in a duly enacted Act of Congress, that provision of law shall remain in effect until, consistent with section 7 of article I of the Constitution of the United States and notwithstanding the arrangement, repealed by an Act of Congress or terminated pursuant to another provision of law.", "summary": "Iran Congressional Oversight Act of 2015 This bill directs the President, during the period which the Joint Plan of Action or a successor arrangement with Iran is in effect, to report Congress at least once every 90 days regarding Iran's compliance with the Joint Plan of Action or a successor arrangement. (The Joint Plan of Action: (1) means the November 2013 Joint Plan of Action signed by Iran and the P5-plus-1 countries, and (2) includes all implementing materials and agreements related to it.) Each report shall include a presidential determination and certification, made in consultation with the Director of National Intelligence, on whether Iran has complied with or violated the terms of the Joint Plan of Action or a successor arrangement. Congress may initiate expedited consideration of legislation to reinstate waived or suspended sanctions if a report is accompanied by a presidential certification that Iran has violated the Joint Plan of Action or any successor arrangement. It is in order during the 30-day period beginning on the date on which a report is received by Congress for the Senate to move to proceed to the consideration of legislation to further respond to an Iranian violation of the Joint Plan of Action or any successor arrangement. The following shall apply: all points of order against the legislation are waived; the motion to proceed is not debatable; the motion is not subject to a motion to postpone; a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; and if a motion to proceed to the consideration of the legislation is agreed to, the legislation shall remain the unfinished business until disposed of. If the United States is a party to a comprehensive long-term arrangement with Iran relating to its nuclear program under which the United States commits to lifting sanctions imposed pursuant to a provision of law included in a duly enacted Act of Congress, that provision shall remain in effect until repealed by an Act of Congress or terminated pursuant to another provision of law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Price Stability Act of 2008''. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings.--The Congress finds the following: (1) Price stability is a prerequisite for sustainable long- term economic growth, job creation, and moderate interest rates. (2) Inflation erodes the value of Americans' income and savings. (3) Inflation distorts the pricing system and the efficient allocation of resources in the economy. (4) Inflation makes long-term planning difficult and raises the effective tax rate on capital, thereby impeding investment. (5) Through its determination of monetary policy, the Board of Governors of the Federal Reserve System is ultimately responsible for controlling the long-run rate of inflation in the economy. (6) The multiple policy goals of the Full Employment and Balanced Growth Act of 1978 cause confusion and ambiguity about the appropriate role and aims of monetary policy, which can add to volatility in economic activity and financial markets. (7) There is a need for the Congress to clarify the proper role of the Board of Governors of the Federal Reserve System in economic policymaking, in order to achieve the best environment for long-term economic growth and job creation. (8) An explicit price stability goal would promote transparency, accountability and credibility in monetary policy. (9) Price stability should be the primary long-term goal of the Board of Governors of the Federal Reserve. (b) Statement of Policy.--It is the policy of the United States that-- (1) the principal economic responsibilities of the Government are to establish and ensure an environment that is conducive to both long-term economic growth and increases in living standards, by establishing and maintaining free markets, low taxes, respect for private property, and the stable, long- term purchasing power of the United States currency; and (2) the primary long-term goal of the Board of Governors of the Federal Reserve System should be to promote price stability. SEC. 3. MONETARY POLICY. (a) Amendment to the Federal Reserve Act.--Section 2A of the Federal Reserve Act (12 U.S.C. 225a) is amended to read as follows: ``SEC. 2A. MONETARY POLICY. ``(a) Price Stability.--The Board and the Federal Open Market Committee (hereafter in this section referred to as the `Committee') shall-- ``(1) establish an explicit numerical definition of the term `price stability'; and ``(2) maintain a monetary policy that effectively promotes long-term price stability. ``(b) Market Stability and Liquidity.--Subsection (a) shall not be construed as a limitation on the authority or responsibility of the Board-- ``(1) to provide liquidity to markets in the event of a disruption that threatens the smooth functioning and stability of the financial sector; or ``(2) to serve as a lender of last resort under this Act when the Board determines such action is necessary. ``(c) Congressional Consultation.--Not later than February 20 and July 20 of each year, the Board shall consult with the Congress at semiannual hearings before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, about the objectives and plans of the Board and the Committee with respect to achieving and maintaining price stability. ``(d) Congressional Oversight.--The Board shall, concurrent with each semiannual hearing required by subsection (c), submit a written report to the Congress containing-- ``(1) numerical measures to help assess the extent to which the Board and the Committee are achieving and maintaining price stability in accordance with subsection (a); ``(2) a description of the intermediate variables used by the Board to gauge the prospects for achieving the objective of price stability; and ``(3) the definition, or any modifications thereto, of the term `price stability' established in accordance with subsection (a)(1).''. (b) Compliance Estimate.--Concurrent with the first semiannual hearing required by section 2A(b) of the Federal Reserve Act (as amended by subsection (a) of this section) following the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall submit to the Congress a written estimate of the length of time it will take for the Board and the Federal Open Market Committee to fully achieve price stability. The Board and the Committee shall take into account any potential short-term effects on employment and output in complying with the goal of price stability. SEC. 4. REPEAL OF OBSOLETE PROVISIONS. (a) Full Employment and Balanced Growth Act of 1978.--The Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3101 et seq.) is hereby repealed. (b) Employment Act of 1946.--The Employment Act of 1946 (15 U.S.C. 1021 et seq.) is amended-- (1) in section 3 (15 U.S.C. 1022)-- (A) in the section heading, by striking ``and short-term economic goals and policies''; (B) by striking ``(a)''; and (C) by striking ``in accord with section 11(c) of this Act'' and all that follows through the end of the section and inserting ``in accordance with section 5(c).''; (2) in section 9(b) (15 U.S.C. 1022f(b)), by striking ``, the Full Employment and Balanced Growth Act of 1978,''; (3) in section 10 (15 U.S.C. 1023)-- (A) in subsection (a), by striking ``in the light of the policy declared in section 2''; (B) in subsection (e)(1), by striking ``section 9'' and inserting ``section 3''; and (C) in the matter immediately following paragraph (2) of subsection (e), by striking ``and the Full Employment and Balanced Growth Act of 1978''; (4) by striking section 2; (5) by striking sections 4, 5, 6, 7, and 8; and (6) by redesignating sections 3, 9, 10, and 11 as sections 2, 3, 4, and 5, respectively. (c) Congressional Budget Act of 1974.--Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended-- (1) in section 301-- (A) in subsection (b), by striking paragraph (1) and redesignating paragraphs (2) through (9) as paragraphs (1) through (8), respectively; (B) in subsection (d), in the second sentence, by striking ``the fiscal policy'' and all that follows through the end of the sentence and inserting ``fiscal policy.''; (C) in subsection (e)(1), in the second sentence, by striking ``as to short-term and medium-term goals''; and (D) by striking subsection (f) and inserting the following: ``(f) Repealed''; and (2) in section 305-- (A) in subsection (a)(3), by inserting before the period at the end ``, as described in section 2 of the Price Stability Act of 2008''; (B) in subsection (a)(4)-- (i) by striking ``House sets forth the economic goals'' and all that follows through ``designed to achieve,'' and inserting ``House of Representatives sets forth the economic goals and policies, as described in section 2 of the Price Stability Act of 2008,''; and (ii) by striking ``such goals,'' and all that follows through the end of the paragraph and inserting ``such goals and policies.''; (C) in subsection (b)(3), by inserting before the period at the end ``, as described in section 2 of the Price Stability Act of 2008''; and (D) in subsection (b)(4)-- (i) by striking ``goals (as'' and all that follows through ``designed to achieve,'' and inserting ``goals and policies, as described in section 2 of the Price Stability Act of 2008,''; and (ii) by striking ``such goals,'' and all that follows through the end of the paragraph and inserting ``such goals and policies.''.", "summary": "Price Stability Act of 2008 - Declares it is US policy that the principal economic responsibilities of the Government are to establish both long-term economic growth and increases in living standards, maintain free markets, low taxes, respect for private property, and the stable, long-term purchasing power of US currency. Declares that the promotion of price stability should be the primary long-term goal of the Board of Governors of the Federal Reserve System. Amends the Federal Reserve Act to revise the mandate of the Board and the Federal Open Market Committee to require them to: (1) establish a numerical definition of the term \"price stability\"; and (2) maintain a monetary policy that promotes long-term price stability. Requires the Board to consult with, and report to, Congress semi-annually about Board and Committee objectives and plans to achieve and maintain price stability. Repeals the Full Employment and Balanced Growth Act of 1978."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Stanton and Rio Bonito Corridor Vegetation Management Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the lands under the jurisdiction of the Secretary surrounding Fort Stanton, New Mexico, contain historic and natural resources that warrant special management considerations by the Bureau of Land Management; (2) the adjudication process for establishing grazing preferences under the Act of June 28, 1934 (commonly known as the ``Taylor Grazing Act'') (43 U.S.C. 315 et seq.) and other applicable laws has not been conducted on lands acquired by the Secretary at and near Fort Stanton, New Mexico, including lands along the Rio Bonito in Lincoln County, New Mexico; (3) in the management of renewable forage resources on lands surrounding Fort Stanton, New Mexico, vegetation sales contracts would be a beneficial tool for the Bureau of Land Management to use to maintain and enhance the condition of the forage and other natural resources of the area; (4) the management of grazing animals under vegetation sales contracts requires fiscal resources and personnel that exceed that of the grazing preference system in place on other public domain lands; and (5) disputes over the legal description of lands acquired by the Secretary along the Rio Bonito in Lincoln County, New Mexico, make it necessary for the Bureau of Land Management to pursue reasonable legal remedies under existing authorities to resolve such disputes with adjacent landowners. SEC. 3. DEFINITIONS. (a) Fort Stanton.--The term ``Fort Stanton'' means land under the administrative jurisdiction of the Secretary at Fort Stanton, New Mexico, as depicted on the map entitled ``Fort Stanton and Rio Bonito Corridor, NM'', dated May 13, 1997. (b) Rio Bonito Corridor.--The term ``Rio Bonito Corridor'' means land under the administrative jurisdiction of the Secretary near Fort Stanton, New Mexico, within the area identified as the ``Rio Bonito Corridor'', as depicted on the map entitled ``Fort Stanton and Rio Bonito Corridor, NM'', dated May 13, 1997, which-- (1) was acquired by the Secretary before May 13, 1997; or (2) is acquired by the Secretary (by purchase or exchange) from willing landowners after May 13, 1997. (c) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. SEC. 4. MAPS. The maps referred to in section 3 shall be made available for public inspection by the Bureau of Land Management at the Roswell District Office in Roswell, New Mexico, and at the New Mexico State Office in Santa Fe, New Mexico. SEC. 5. MANAGEMENT OF FORT STANTON AND RIO BONITO LAND. (a) In General.--Notwithstanding any provision of the Act of June 28, 1934 (43 U.S.C. 315 et seq.), or any other law relating to the establishment, leasing, or permitting of grazing under a grazing preference, the Secretary, in managing land within Fort Stanton and the Rio Bonito Corridor that is under the jurisdiction of the Secretary, may solicit competitive bids for and enter into vegetation sales contracts for the purpose of using livestock grazing as a vegetation management tool. Any such contracts entered into with respect to the land before the date of enactment of this Act are ratified. (b) Consistency With Land and Resource Management Plans.-- Management of Fort Stanton and the Rio Bonito Corridor shall be consistent with any applicable land and resource management plan under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (c) Distribution and Use of Proceeds.--Of the proceeds of vegetation sales contracts entered into under subsection (a)-- (1) 12\\1/2\\ percent shall be paid to the State of New Mexico for distribution to Lincoln County, New Mexico, to be used for purposes authorized by section 10 of the Act of June 28, 1934 (43 U.S.C. 315i); (2) 12\\1/2\\ percent shall be deposited in the general fund of the Treasury of the United States; and (3) 75 percent shall be deposited in a special account in the Treasury of the United States and shall be available to the Secretary, without further Act of appropriation, for use in managing Fort Stanton and the Rio Bonito Corridor and to achieve the management goals and prescriptions identified in applicable resource management plans for the Rio Bonito acquired lands and the Fort Stanton area of critical environmental concern, but none of the proceeds provided to the Secretary under this paragraph shall be available for land acquisition.", "summary": "Fort Stanton and Rio Bonito Corridor Vegetation Management Act - Authorizes the Secretary of the Interior, in managing land within Fort Stanton and the Rio Bonito Corridor that is under the Secretary's jurisdiction, to solicit competitive bids for and enter into vegetation sales contracts for the purpose of using livestock grazing as a vegetation management tool. Ratifies any such contracts entered into with respect to the land before the date of this Act's enactment. Requires management of Fort Stanton and the Rio Bonito Corridor to be consistent with any applicable land and resource management plan under the Federal Land Policy and Management Act of 1976. Directs that, of the proceeds of such vegetation sales contracts: (1) 12.5 percent be paid to the State of New Mexico for distribution to Lincoln County, New Mexico, for purposes authorized by the Act of June 28, 1934 (Taylor Grazing Act); (2) 12.5 percent be deposited in the general fund of the Treasury; and (3) 75 percent be deposited in a special Treasury account for use in managing Fort Stanton and the Rio Bonito Corridor and to achieve the management goals and prescriptions identified in applicable resource management plans for the Rio Bonito acquired lands and the Fort Stanton area of critical environmental concern, but not for land acquisition."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``NSF Major Research Facility Reform Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Foundation. (2) Foundation.--The term ``Foundation'' means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (3) Major multi-user research facility.--The term ``major multi-user research facility'' means a science and engineering infrastructure construction project that exceeds the lesser of 10 percent of a Directorate's annual budget or $100,000,000 in total project cost that is funded in the major research equipment and facilities construction account, or any successor thereto. SEC. 3. MANAGEMENT AND OVERSIGHT OF LARGE FACILITIES. (a) Large Facilities Office.--The Director shall maintain a Large Facilities Office. The functions of the Large Facilities Office shall be to support the research directorates in the development, implementation, and assessment of major multi-user research facilities, including by-- (1) serving as the Foundation's primary resource for all policy or process issues related to the development and implementation of major multi-user research facilities; (2) serving as a Foundation-wide resource on project management, including providing expert assistance on nonscientific and nontechnical aspects of project planning, budgeting, implementation, management, and oversight; (3) coordinating and collaborating with research directorates to share best management practices and lessons learned from prior projects; and (4) assessing projects during preconstruction and construction phases for cost and schedule risk. (b) Oversight of Large Facilities.--The Director shall appoint a senior agency official as head of the Large Facilities Office whose responsibility is oversight of the development, construction, and transfer to operations of major multi-user research facilities across the Foundation. (c) Policies for Large Facility Costs.-- (1) In general.--The Director shall ensure that the Foundation's polices for developing and maintaining major multi-user research facility construction costs are consistent with the best practices described in the March 2009 Government Accountability Office Report GAO-09-3SP, or any successor report thereto, the Uniform Guidance in 2 CFR part 200, and the Federal Acquisition Regulation as appropriate. (2) Cost proposal analysis.-- (A) General requirement.--The Director shall ensure that an external cost proposal analysis is conducted for any major multi-user research facility. (B) Resolution of issues found.--The Director, or a senior agency official within the Office of the Director designated by the Director, shall certify in writing that all issues identified during the cost analysis, including any findings of unjustified or questionable cost items, are resolved before the Foundation may execute a construction agreement with respect to the project. (C) Transmittal to congress.--The Director shall transmit each certification made under subparagraph (B) to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate. (3) Incurred cost audits.--The Director shall ensure that an incurred cost audit is conducted at least biennially on any major multi-user research facility, in accordance with Government Auditing Standards as established in Government Accountability Office Report GAO-12-331G, or any successor report thereto, with the first incurred cost audit to commence no later than 12 months after execution of the construction agreement. (4) Contingencies.-- (A) In general.--Except as provided for in subparagraph (C)(ii), the Foundation shall-- (i) provide oversight for contingency in accordance with Cost Principles Uniform Guidance in 2 CFR part 200.433, or any successor thereto, and the Federal Acquisition Regulation as appropriate, except as provided in this paragraph; and (ii) not make any award which provides for contributions to a contingency reserve held or managed by the awardee, as defined in 2 CFR part 200.433(c). (B) Updating policy manual.--The Foundation shall update its Large Facilities Manual and any other applicable guidance for contingencies on major multi- user research facilities with regard to estimating, monitoring, and accounting for contingency. (C) Foundation requirements.--The policy updated under subparagraph (B) shall require that the Foundation-- (i) may only include contingency amounts in an award in accordance with Cost Principles Uniform Guidance in 2 CFR part 200.433, or any successor thereto, and the Federal Acquisition Regulation as appropriate; and (ii) shall retain control over funds budgeted for contingency, but may disburse budgeted contingency funds incrementally to the awardee to ensure project stability and continuity. (D) Awardee requirements.--The policy updated under subparagraph (B) shall require that an awardee shall-- (i) provide verifiable documentation to support any amounts proposed for contingencies; and (ii) support requests for the release of contingency funds with evidence of a bona fide need and that the amounts allocated to the performance baseline are reasonable and allowable. (E) Current awardees.--The Foundation shall work with awardees for whom awards with contingency provisions have been made before the date of enactment of this Act-- (i) to determine if any of their use of contingency funds represents out-of-scope changes for which Foundation's prior written approval was not obtained; and (ii) if out-of-scope changes are found, to identify any financial action that may be appropriate. (5) Management fees.-- (A) Definition.--In this paragraph, the term ``management fee'' means a portion of an award made by the Foundation for the purpose of covering ordinary and legitimate business expenses necessary to maintain operational stability which are not otherwise allowable under Cost Principles Uniform Guidance in 2 CFR part 200, Subpart E, or any successor regulation thereto. (B) Limitation.--The Foundation may provide a management fee under an award only if the awardee provides justification as to the need for such funds. In such cases, the Foundation shall take into account the awardee's overall financial circumstances when determining the amount of the fee if justified. (C) Financial information.--The Foundation shall require award applicants to provide income and financial information covering a period of no less than 3 prior years (or in the case of an entity established less than 3 years prior to the entity's application date, the period beginning on the date of establishment and ending on the application date), including cash on hand and net asset information, in support of a request for management fees. The Foundation shall also require awardees to report to the Foundation annually any sources of non-Federal funds received in excess of $50,000 during the award period. (D) Expense reporting.--The Foundation shall require awardees to track and report to the Foundation annually all expenses reimbursed or otherwise paid for with management fee funds, in accordance with Federal accounting practices as established in Government Accountability Office Report GAO-12-331G, or any successor report thereto. (E) Audits.--The Inspector General of the Foundation may audit any Foundation award for compliance with this paragraph. (F) Prohibited uses.--An awardee may not use management fees for-- (i) costs allowable under Cost Principles Uniform Guidance in 2 CFR part 200, Subpart E, or any successor regulation thereto; (ii) alcoholic beverages; (iii) tickets to concerts, sporting, or other entertainment events; (iv) vacation or other travel for nonbusiness purposes; (v) charitable contributions, except for a charitable contribution of direct benefit to the project or activity supported by the management fee; (vi) social or sporting club memberships; (vii) meals or entertainment for nonbusiness purposes; (viii) luxury or personal items; (ix) lobbying, as described in the Uniform Guidance at 2 CFR 200.450; or (x) any other purpose the Foundation determines is inappropriate. (G) Review.--The Foundation shall review management fee usage for each Foundation award on at least an annual basis for compliance with this paragraph and the Foundation's Large Facilities Manual. (6) Report.--Not later than 12 months after the date of enactment of this Act, the Director shall submit to Congress a report describing the Foundation's policies for developing and managing major multi-user research facility construction costs, including a description of any aspects of the policies that diverge from the best practices recommended in Government Accountability Office Report GAO-09-3SP, or any successor report thereto, and the Uniform Guidance in 2 CFR part 200. (7) Noncompliance.--The Director shall ensure that the Foundation shall take the enforcement actions specified in 45 CFR 92.43 for noncompliance with this section. SEC. 4. WHISTLEBLOWER EDUCATION. (a) In General.--The Foundation shall be subject to section 4712 of title 41, United States Code. (b) Education and Training.--The Foundation shall provide education and training for Foundation managers and staff on the requirements of such section 4712, and provide information on such section to all awardees, contractors, and employees of such awardees and contractors. Passed the House of Representatives June 14, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": "(This measure has not been amended since it was reported to the House on June 13, 2016. NSF Major Research Facility Reform Act of 2016 (Sec. 3) This bill directs the National Science Foundation (NSF) to maintain a Large Facilities Office to support its research directorates in the development, implementation, and assessment of major multi-user research facilities. The NSF shall appoint a senior agency official to head the Office, whose responsibility shall be to oversee development, construction, and transfer to operations of major multi-user facilities across the NSF. The bill requires: an external cost proposal analysis for any major multi-user research facility; the resolution of all issues identified, including any unjustified or questionable cost items; and biennial incurred cost audits of any such facility. The NSF shall not make any award which arranges for contributions to an awardee's contingency reserve. (Contingency is the part of a budget estimate of future costs associated with possible events or conditions arising from causes whose precise outcome is indeterminable at the time of estimate, and that experience shows will likely result, in aggregate, in additional costs for the approved activity or project.) The NSF shall update its Large Facilities Manual and any other applicable guidance for estimating, monitoring, and accounting for contingencies on major multi-user research facilities. The updated policy shall state that the NSF: (1) may only include contingency amounts in an award meeting specified criteria; and (2) shall retain control over funds budgeted for contingency, but may disburse budgeted contingency funds incrementally to an awardee to ensure project stability and continuity. An awardee shall: (1) furnish verifiable documentation to support proposed contingency amounts, and (2) support requests for the release of contingency funds with evidence of a bona fide need and reasonable and allowable allocations to the performance baseline. The NSF shall work with current awardees to: (1) determine if any of their use of contingency funds represents out-of-scope changes for which prior NSF written approval was not obtained, and (2) identify appropriate financial action regarding any out-of-scope changes found. The NSF may include management fees under an award for ordinary and legitimate business expenses, not otherwise allowable, only if the awardee furnishes a justification of need. The NSF shall require award applicants to report: income and financial information covering at least three prior years, including cash on hand and net asset information, in support of a request for management fees; and any sources of nonfederal funds received in excess of $50,000 during the award period. The NSF shall require awardees to track and report annually all expenses reimbursed or otherwise paid for with management fee funds. The bill specifies prohibited uses for management fees. (Sec. 4) The bill subjects the NSF to the pilot program for enhancement of contractor protection from reprisal for (whistleblower) disclosure of certain information. The NSF shall arrange for education and training for NSF managers and staff on the pilot program and furnish information on it to all awardees and contractors and their employees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthcare Information Technology Enterprise Integration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Institute of Standards and Technology, because of the electronic commerce, information technology and security expertise in its laboratories and the healthcare component of the Malcolm Baldrige National Quality Award, and its long history of working with the information technology and healthcare industries, is well equipped to complement the healthcare information technology implementation efforts as established by Executive Order 13335 of April 27, 2004, by addressing the technical challenges posed by healthcare information enterprise integration. (2) Therefore, it is in the national interest for the National Institute of Standards and Technology to accelerate its efforts-- (A) to participate in the development of technical standards, standards conformance tests, and enterprise integration processes that are necessary to increase efficiency and quality of care, and lower costs in the healthcare industry; and (B) ensuring that all components of the United States healthcare infrastructure can be a part of an electronic information network that is reliable, interoperable, and secure. SEC. 3. HEALTHCARE INFORMATION ENTERPRISE INTEGRATION INITIATIVE. (a) Establishment.--The Director of the National Institute of Standards and Technology shall establish an initiative for advancing healthcare information enterprise integration within the United States. In carrying out this section, the Director shall involve various units of the National Institute of Standards and Technology, including its laboratories and the Malcolm Baldrige National Quality Program. This initiative shall build upon ongoing efforts of the National Institute of Standards and Technology, the private sector, and other Federal agencies, shall involve consortia that include government and industry, and shall be designed to permit healthcare information enterprise integration. These efforts shall complement ongoing activities occurring under Executive Order 13335 of April 27, 2004. (b) Technical Activities.--In order to carry out this section, the Director may focus on-- (1) information technology standards and interoperability analysis, which may include the development of technical testbeds; (2) supporting the establishment of conformance testing infrastructure, including software conformance and certification; (3) security; (4) medical device communication; (5) supporting the provisioning of technical architecture products for management and retrieval; and (6) information management including electronic health records management, health information usability, and access and decision support. (c) Other Activities.--The Director may assist healthcare representatives and organizations and Federal agencies in the development of technical roadmaps that identify the remaining steps needed to ensure that technical standards for application protocols, interoperability, data integrity, and security, as well as the corollary conformance test protocols, will be in place. These roadmaps shall rely upon voluntary consensus standards where possible consistent with Federal technology transfer laws. (d) Plans and Reports.--Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Director shall transmit a report to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the activities of the National Institute of Standards and Technology under this section. SEC. 4. FEDERAL HEALTHCARE INFORMATION TECHNOLOGY SYSTEMS AND INFRASTRUCTURE. (a) Guidelines and Standards.--Not later than 12 months after the date of enactment of this Act, the Director of the National Institute of Standards and Technology, in consultation with industry and appropriate Federal agencies, shall report on development of technology-neutral information technology infrastructure guidelines and standards, or the adoption of existing technology-neutral industry guidelines and private sector standards, for use by Federal agencies to enable those agencies to effectively select and utilize healthcare information technologies in a manner that is-- (1) sufficiently secure to meet the needs of those agencies (as is consistent with the Computer Security Act of 1987, as amended, section 225 of the Homeland Security Act of 2002, and title III of the E-Government Act of 2002), their transaction partners, and the general public; (2) interoperable, to the maximum extent possible; and (3) inclusive of ongoing Federal efforts that provide technical expertise to harmonize existing standards and assist in the development of interoperability specifications. (b) Elements.--The guidelines and standards developed under subsection (a) shall-- (1) promote the use by Federal agencies of commercially available products that incorporate the guidelines and standards developed under subsection (a); (2) develop uniform testing procedures suitable for determining the conformance of commercially available and Federal healthcare information technology products with the guidelines and standards; (3) support and promote the testing of electronic healthcare information technologies utilized by Federal agencies; (4) provide protection and security profiles; (5) establish a core set of interoperability specifications in transactions between Federal agencies and their transaction partners; and (6) include validation criteria to enable Federal agencies to select healthcare information technologies appropriate to their needs. (c) Reports.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Director shall transmit to the Congress a report that includes a description and analysis of-- (1) the level of interoperability and security of technologies for sharing healthcare information among Federal agencies; and (2) the problems Federal agencies are having with, and the progress such agencies are making toward, ensuring interoperable and secure healthcare information systems and electronic healthcare records. SEC. 5. RESEARCH AND DEVELOPMENT PROGRAMS. (a) Healthcare Information Enterprise Integration Research Centers.-- (1) In general.--The Director of the National Institute of Standards and Technology, in consultation the Director of the National Science Foundation and other appropriate Federal agencies, shall establish a program of assistance to institutions of higher education (or consortia thereof which may include nonprofit entities and Federal Government laboratories) to establish multidisciplinary Centers for Healthcare Information Enterprise Integration. (2) Review; competition.--Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. (3) Purpose.--The purposes of the Centers shall be-- (A) to generate innovative approaches to healthcare information enterprise integration by conducting cutting-edge, multidisciplinary research on the systems challenges to healthcare delivery; and (B) the development and use of information technologies and other complementary fields. (4) Research areas.--Research areas may include-- (A) the interfaces between human information and communications technology systems; (B) voice-recognition systems; (C) software that improves interoperability and connectivity among systems; (D) software dependability in systems critical to healthcare delivery; (E) measurement of the impact of information technologies on the quality and productivity of healthcare; (F) healthcare information enterprise management; and (G) information technology security and integrity. (5) Applications.--An institution of higher education (or a consortium thereof) seeking funding under this subsection shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum, a description of-- (A) the research projects that will be undertaken by the Center and the respective contributions of the participating entities; (B) how the Center will promote active collaboration among scientists and engineers from different disciplines, such as information technology, biologic sciences, management, social sciences, and other appropriate disciplines; (C) technology transfer activities to demonstrate and diffuse the research results, technologies, and knowledge; and (D) how the Center will contribute to the education and training of researchers and other professionals in fields relevant to healthcare information enterprise integration. (b) National Information Technology Research and Development Program.--The National High-Performance Computing Program established by section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511) shall coordinate Federal research and development programs related to the development and deployment of health information technology, including activities related to-- (1) computer infrastructure; (2) data security; (3) development of large-scale, distributed, reliable computing systems; (4) wired, wireless, and hybrid high-speed networking; (5) development of software and software-intensive systems; (6) human-computer interaction and information management technologies; and (7) the social and economic implications of information technology. (c) Strategic Plan for Healthcare Technologies and Classification.-- (1) In general.--The Director of the National Institute of Standards and Technology, in consultation with the Director of the National Science Foundation, not later than 90 days after the date of enactment of this Act, shall establish a task force whose membership includes representatives of other Federal agencies and industry groups (such as the American Health Information Management Association and the American Medical Informatics Association) to develop a strategic plan including recommendations for-- (A) the development, adoption, and maintenance of terminologies and classifications; (B) gaining commitment of terminology and classification stakeholders (such as developers, end users, and other service and technology suppliers) to principles and guidelines for open and transparent processes to enable cost-effective interoperability and complete and accurate information; (C) the design of a centralized authority or governance model, including principles for its operation and funding scenarios; (D) United States participation in the International Health Terminology Standards Development Organization; and (E) any other issues identified by the task force. (2) Task force report.--The task force shall report its findings and recommendations to the Committee on Science and Technology of the House of Representatives not later than 18 months after the date of enactment of this Act. The task force shall terminate after transmitting such report. (3) Federal advisory committee act.--The task force established under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director of the National Institute of Standards and Technology for carrying out this Act $8,000,000 for each of the fiscal years 2009 and 2010, to be derived from amounts authorized under section 3001 of Public Law 110- 69.", "summary": "Healthcare Information Technology Enterprise Integration Act - (Sec. 3) Requires the Director of the National Institute of Standards and Technology (NIST) to establish an initiative for advancing health care information enterprise integration within the United States. Authorizes the Director to focus on: (1) information technology standards and interoperability analysis; (2) supporting the establishment of conformance testing infrastructure; (3) security; (4) medical device communication; (5) supporting the provisioning of technical architecture products for management and retrieval; and (6) information management. Allows the Director to assist health care representatives and organizations and federal agencies in the development of technical roadmaps that identify the remaining steps needed to ensure that standards will be in place. Requires such roadmaps to rely upon voluntary consensus standards, where possible, consistent with federal technology transfer laws. (Sec. 4) Requires the Director to report on the development or adoption of technology-neutral information technology infrastructure guidelines and standards to enable federal agencies to effectively select and utilize health care information technologies in a manner that is: (1) sufficiently secure; (2) interoperable; and (3) inclusive of ongoing federal efforts that provide technical expertise to harmonize existing standards and assist in the development of interoperability specifications. Requires such guidelines and standards to: (1) promote the use by federal agencies of commercially available products; (2) develop uniform testing procedures suitable for determining product conformance; (3) support and promote the testing of electronic health care information technologies utilized by federal agencies; (4) provide protection and security profiles; (5) establish a core set of interoperability specifications in federal agency transactions; and (6) include validation criteria to enable federal agencies to select appropriate health care information technologies. Requires the Director to report on: (1) the level of interoperability and security of technologies for sharing health care information among federal agencies; and (2) federal agency problems and progress in ensuring interoperable and secure health care information systems and electronic health care records. (Sec. 5) Requires the Director to establish a program of assistance to institutions of higher education to establish multidisciplinary Centers for Healthcare Information Enterprise Integration in order to: (1) generate innovative approaches to health care information enterprise integration; and (2) develop and use information technologies and other complementary fields. Directs the National High-Performance Computing Program to coordinate federal research and development programs related to the development and deployment of health information technology. Requires the Director to establish a task force to develop a strategic plan, including recommendations for: (1) the development, adoption, and maintenance of terminologies and classifications; (2) gaining commitment of terminology and classification stakeholders to principles and guidelines for an open and transparent process to enable cost-effective interoperability and complete and accurate information; (3) the design of a centralized authority or governance model; and (4) U.S. participation in the International Health Terminology Standards Development Organization. (Sec. 6) Authorizes Appropriations for FY2009-FY2010."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay Accountability Act''. SEC. 2. WITHHOLDING OF PAY OF MEMBERS OF CONGRESS IF GOVERNMENT SHUTDOWN IS IN EFFECT OR PUBLIC DEBT LIMIT IS REACHED. (a) Holding Salaries in Escrow.--If during any pay period during a Congress a Government shutdown is in effect or the public debt limit is reached, the payroll administrator of a House of Congress shall-- (1) withhold from the payments otherwise required to be made with respect to the pay period for the compensation of each Member of Congress who serves in that House of Congress an amount equal to the product of-- (A) an amount equal to one day's worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) for the pay period; and (B) the number of 24-hour periods during which the Government shutdown is in effect or the public debt limit is reached (as the case may be) which occur during the pay period; and (2) deposit in an escrow account all amounts withheld under paragraph (1). (b) Transfer to Secretary of the Treasury at End of the Congress.-- (1) Transfer.--The payroll administrator of a House of Congress shall transfer to the Secretary of the Treasury any amounts remaining in any escrow account under this section on the last day of the Congress involved. (2) Requiring amounts to be used for deficit reduction.-- Any amounts transferred to the Secretary of the Treasury under paragraph (1) shall be deposited in the Treasury and used for deficit reduction. (c) Role of Secretary of the Treasury.--The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (d) Definitions.--In this section-- (1) the term ``Member of Congress'' means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31); and (2) the ``payroll administrator'' of a House of Congress means-- (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. SEC. 3. WITHHOLDING OF PAY OF PRESIDENT AND VICE PRESIDENT IF GOVERNMENT SHUTDOWN OCCURS OR PUBLIC DEBT LIMIT IS REACHED. (a) Holding Salaries in Escrow.--If during any pay period during a President's or Vice President's term of office a Government shutdown is in effect or the public debt limit is reached, the White House Office shall-- (1) withhold from the payments otherwise required to be made with respect to the pay period for the compensation of the President or the Vice President an amount equal to the product of-- (A) an amount equal to one day's worth of pay under the annual rate of compensation of the President under 102 of title 3, United States Code, or the annual rate of salary of the Vice President under section 104 of title 3, United States Code (as the case may be), for the pay period; and (B) the number of 24-hour periods during which the Government shutdown is in effect or the public debt limit is reached (as the case may be) which occur during the pay period; and (2) deposit in an escrow account all amounts withheld under paragraph (1). (b) Role of Secretary of the Treasury.--The Secretary of the Treasury shall provide the White House Office with such assistance as may be necessary to enable the White House Office to carry out this section. (c) Transfer to Secretary of the Treasury at End of Term of Office.-- (1) Transfer.--The White House Office shall transfer to the Secretary of the Treasury any amounts remaining in any escrow account under this section on the last day of the President's or Vice President's term of office involved. (2) Requiring amounts to be used for deficit reduction.-- Any amounts transferred to the Secretary of the Treasury under paragraph (1) shall be deposited in the Treasury and used for deficit reduction. SEC. 4. DETERMINATIONS. (a) Government Shutdown.--For purposes of this Act, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution. (b) Public Debt Limit.--For purposes of this Act, the public debt limit shall be considered to be reached if the Federal Government is unable to make payments or meet obligations because the public debt limit under section 3101 of title 31, United States Code, has been reached.", "summary": "Pay Accountability Act - Requires the pay of Members of Congress, the President, and the Vice President to be withheld during any period of: (1) a lapse in appropriations for any federal agency as a result of a failure to enact a regular appropriations bill or continuing resolution, or (2) the federal government's inability to make payments or meet obligations because the public debt limit. Provides for such withheld amounts to be deposited in an escrow account to be transferred (on the last day of the Congress involved with respect to a Member, or the last day of the term of office involved with respect to the President or Vice President) to the Secretary of the Treasury and deposited in the Treasury for deficit reduction."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Expansion Act''. SEC. 2. ELIGIBILITY FOR FARM LOANS. (a) Farm Ownership Loans.--Section 302(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)) is amended-- (1) by striking ``(a) In General.--The'' and inserting the following: ``(a) In General.-- ``(1) Eligibility requirements.--The''; (2) in the 1st sentence, by inserting after ``limited liability companies'' the following: ``, and such other legal entities as the Secretary deems appropriate,''; (3) in the 2nd sentence, by redesignating clauses (1) through (4) as clauses (A) through (D), respectively; (4) in each of the 2nd and 3rd sentences, by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities''; and (5) by adding at the end the following: ``(2) Special deeming rules.-- ``(A) Eligibility of certain operating-only entities.--An entity that is or will become only the operator of a family farm is deemed to meet the owner- operator requirements of paragraph (1) if the individuals that are the owners of the family farm own more than 50 percent (or such other percentage as the Secretary determines is appropriate) of the entity. ``(B) Eligibility of certain embedded entities.--An entity that is an owner-operator described in paragraph (1), or an operator described in subparagraph (A) of this paragraph that is owned, in whole or in part, by other entities, is deemed to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm.''. (b) Conservation Loans.--Section 304(c) of such Act (7 U.S.C. 1924(c)) is amended by inserting after ``limited liability companies'' the following: ``, or such other legal entities as the Secretary deems appropriate,''. (c) Farm Operating Loans.--Section 311(a) of such Act (7 U.S.C. 1941(a)) is amended-- (1) by striking ``(a) In General.--The'' and inserting the following: ``(a) In General.-- ``(1) Eligibility requirements.--The''; (2) in the 1st sentence, by inserting after ``limited liability companies'' the following: ``, and such other legal entities as the Secretary deems appropriate,''; (3) in the 2nd sentence, by redesignating clauses (1) through (4) as clauses (A) through (D), respectively; (4) in each of the 2nd and 3rd sentences, by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities''; and (5) by adding at the end the following: ``(2) Special deeming rule.--An entity that is an operator described in paragraph (1) that is owned, in whole or in part, by other entities, is deemed to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm.''. (d) Emergency Loans.--Section 321(a) of such Act (7 U.S.C. 1961(a)) is amended-- (1) by striking ``owner-operators (in the case of loans for a purpose under subtitle A) or operators (in the case of loans for a purpose under subtitle B)'' each place it appears and inserting ``(in the case of farm ownership loans in accordance with subtitle A) owner-operators or operators, or (in the case of loans for a purpose under subtitle B) operators''; (2) by inserting after ``limited liability companies'' the 1st place it appears the following: ``, or such other legal entities as the Secretary deems appropriate''; and (3) by inserting after ``limited liability companies'' the 2nd place it appears the following: ``, or other legal entities''; (4) by striking ``and limited liability companies,'' and inserting ``limited liability companies, and such other legal entities''; (5) by striking ``ownership and operator'' and inserting ``ownership or operator''; and (6) by adding at the end the following: ``An entity that is an owner-operator or operator described in this subsection is deemed to meet the direct ownership requirement imposed under this subsection if the entity is owned, in whole or in part, by other entities and each individual that is an owner of the family farm involved has a direct or indirect ownership interest in each of the other entities.''. (e) Conforming Amendments.-- (1) Section 304(c)(2) of such Act (7 U.S.C. 1924(c)(2)) by striking ``paragraphs (1) and (2) of section 302(a)'' and inserting ``subparagraphs (A) and (B) of section 302(a)(1)''. (2) Section 310D of such Act (7 U.S.C. 1934) is amended-- (A) by inserting after ``partnership'' the following: ``, or such other legal entities as the Secretary deems appropriate,''; and (B) by inserting after ``partners'' the following: ``, or owners,''. (3) Section 343(a)(11) of such Act (7 U.S.C. 1991(a)(11)) is amended-- (A) by inserting after ``joint operation,'' the 1st place it appears the following: ``or such other legal entity as the Secretary deems appropriate,''; (B) by striking ``or joint operators'' each place it appears and inserting ``joint operators, or owners''; and (C) by inserting after ``joint operation,'' each other place it appears the following: ``or such other legal entity,''. (4) Section 359(b)(2) of such Act (7 U.S.C. 2006a(b)(2)) is amended by striking ``section 302(a)(2) or 311(a)(2)'' and inserting ``section 302(a)(1)(B) or 311(a)(1)(B)''.", "summary": "Agricultural Credit Expansion Act - Amends the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency operating loans, farm ownership loans, conservation loans, and emergency loans. Deems specified embedded entities (an entity owned wholly or in part by another entity) eligible for farm ownership and operating loans. Deems specified operating-only entities eligible for farm ownership loans. Deems an entity that is an owner-operator or operator to meet the direct ownership loan requirement if it is owned in whole or in part by other entities and each individual that is an owner of the family farm involved has an ownership interest in each of the other entities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Telemedicine Enhancing Community Health (TECH) Act of 2009''. SEC. 2. TELEHEALTH PILOT PROJECTS. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish 3- year telehealth pilot projects for the purpose of analyzing the clinical outcomes and cost effectiveness associated with telehealth services in a variety of geographic areas. The Secretary shall provide evaluation and treatment services to entities participating in the pilot projects. (b) Eligible Entities.-- (1) In general.--The Secretary shall select eligible entities to participate in the pilot projects under this section. (2) Priority.--In selecting eligible entities to participate in the pilot projects under this section, the Secretary shall give priority to such entities located in medically underserved areas and facilities of the Indian Health Service. (c) Evaluation.--The Secretary shall, through the pilot projects, evaluate-- (1) the effective and economic delivery of care in treating behavioral health issues (including post-traumatic stress disorder) with the use of telehealth services in medically underserved and tribal areas, including collaborative uses of health professionals, integration of the range of telehealth and other technologies, and exploration of appropriate reimbursement methods for third party payers; (2) the effectiveness of improving the capacity of non- medical providers and non-specialized medical providers to provide health services for chronic complex diseases in medically underserved and tribal areas; and (3) the effectiveness of using telehealth services to provide acute stroke evaluation and treatment, occupational therapy, physical therapy, and speech language pathology services to treat cerebrovascular disease in medically underserved and tribal areas. (d) Report.--Not later than 3 years after the pilot projects are established under subsection (a), the Secretary shall submit to Congress a report describing the outcomes of such pilot projects and providing recommendations for expanding the use of telehealth services. (e) Expansion of Project.--If the Secretary determines that the pilot projects under this section enhance outcomes for patients and reduce expenditures for participating entities, the Secretary may initiate similar projects for additional medical conditions and geographic areas. (f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $13,500,000 for fiscal years 2011 through 2014. SEC. 3. EXPANDING ACCESS TO STROKE TELEHEALTH SERVICES. (a) Expansion of Originating Sites for Stroke Telehealth Services.--Section 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)) is amended-- (1) in subparagraph (C)-- (A) in clause (i), in the matter preceding subclause (I), by striking ``The term'' and inserting ``Subject to clause (iii), the term''; and (B) by adding at the end the following new clause: ``(iii) Expansion of originating sites for stroke telehealth services.--In the case of stroke telehealth services, the term `originating site' means any site described in clause (ii) at which the eligible telehealth individual is located at the time the service is furnished via a telecommunications system, regardless of where the site is located.''; and (2) by adding at the end the following new subparagraph: ``(G) Stroke telehealth services.--The term `stroke telehealth services' means a telehealth service used for the evaluation or treatment of individuals with acute stroke, occupational therapy, physical therapy, and speech language pathology services furnished subsequent to a stroke, and stroke prevention and education services.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to telehealth services furnished on or after the date that is 6 months after the date of enactment of this Act. SEC. 4. IMPROVING ACCESS TO TELEHEALTH SERVICES AT IHS FACILITIES AND FQHCS. (a) Inclusion of IHS Facilities as Originating Sites.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclause: ``(IX) A facility of the Indian Health Service, whether operated by such Service or by an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act).''. (b) Access to Store-and-Forward and Videoconferencing Technologies.-- (1) In general.--Section 1834(m)(1) of such Act (42 U.S.C. 1395m(m)(1)) is amended by adding at the end the following sentence: ``For purposes of the first sentence, in the case of telehealth services described in subclause (I) of paragraph (4)(F)(iii) that are furnished by a facility of the Indian Health Service (whether operated by such Service or by an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act)) or a federally qualified health center (as defined in section 1861(aa)(4)), the term `telecommunications system' includes store-and-forward technologies described in the preceding sentence and, in the case of telehealth services described in subclause (II) of such paragraph that are furnished by such a facility or federally qualified health center, such term includes videoconferencing technologies.'' (2) Conforming amendment.--Section 1834(m)(4)(F) of such Act (42 U.S.C. 1395m(m)(4)(F)) is amended by adding at the end the following new clauses: ``(iii) Telehealth services described.--For purposes of paragraph (1): ``(I) The telehealth services described in this subclause include consultations related to neurosurgery, neurology, cardiology, dermatology, pediatric specialty, and orthopedic (as specified by the Secretary). ``(II) The telehealth services described in this subclause are services related to hepatitis and other chronic conditions and behavioral health services (as specified by the Secretary).''. (c) Effective Date.--The amendments made by this section shall apply to telehealth services furnished on or after the date that is 6 months after the date of enactment of this Act. SEC. 5. IMPROVING CREDENTIALING AND PRIVILEGING STANDARDS FOR TELEHEALTH SERVICES. Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended by adding at the end the following new paragraph: ``(5) Establishment of remote credentialing and privileging standards.-- ``(A) In general.--Not later than 2 years after the date of the enactment of this paragraph, the Secretary shall establish reasonable regulations for considering the remote credentialing and privileging standards applicable to telehealth services, including interpretative services, for originating sites under this subsection. Such regulations shall allow an originating site to accept, and not duplicate, the credentialing and privileging processes and decisions made by another site. ``(B) Clarification regarding acceptance of processes and decisions prior to enactment of regulations.--During the period beginning on such date of enactment and ending on the effective date of the regulations under subparagraph (A), the Secretary shall not take any punitive action under any rule or regulation against an originating site on the basis of that site's acceptance, for purposes of receiving telehealth services (including interpretive services), the credentialing and privileging processes and decisions made by another site that is accredited by a national accreditation body recognized by the Secretary under section 1865(a)(1) if the site accepting such credentialing and privileging processes is also so accredited and complies with the applicable requirements for such acceptance.''.", "summary": "Rural Telemedicine Enhancing Community Health (TECH) Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish telehealth pilot projects for the purpose of analyzing the clinical outcomes and cost effectiveness associated with telehealth services in a variety of geographic areas. Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for expansion of originating telehealth sites for stroke telehealth services; (2) provide access to store-and-forward telehealth services in facilities of the Indian Health Service and federally qualified health centers; and (3) direct the Secretary to establish reasonable regulations to consider the remote credentialing and privileging standards for originating sites with respect to telehealth services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency in Reporting to Protect American Workers and Prevent Human Trafficking Act''. SEC. 2. DATA REPORTING ON NONIMMIGRANT EMPLOYEES. Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(8)) is amended to read as follows: ``(8)(A)(i)(I) The Secretary of Homeland Security annually shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and timely upload to a public website a report (along with the corresponding raw data set) with respect to each of the subparagraphs of sections 101(a)(15) and 214(e) that permit employment in the United States under any circumstances, including cultural exchange, training, or business activities which result in receiving any form of compensation, including a stipend, from any source. ``(II) Each report under subclause (I) shall contain the following data regarding any nonimmigrant visa or any grant of nonimmigrant status: ``(aa) The number of aliens who were granted such a visa or status. ``(bb) The number of aliens who had such visas or statuses that were expired, revoked, or otherwise terminated during each month of the preceding fiscal year. ``(cc) Information on the countries of origin of (including local region or state if available), age, gender, and occupations of, educational levels attained by, and compensation paid to aliens issued such visa or status. ``(dd) The names and addresses of employers and the number of aliens authorized per category and subclass to work for each employer, including the country of origin, age, and gender of each alien authorized to work for each employer, the alien's primary work location, and secondary work location if one exists. ``(III) Each report under subclause (I) shall contain the following data regarding any nonimmigrant visa category or status (including extensions and transfers to another visa category or subclass, or request to switch to another employer) that requires approval from the Secretary of Homeland Security through a Petition for Nonimmigrant Worker, Form I-129 (or any successor form): ``(aa) The number of petitions filed. ``(bb) The number of petitions approved and the number of workers (by occupation) included in such approved petitions. ``(cc) The number of petitions denied and the number of workers (by occupation) requested in such denied petitions. ``(dd) The Standard Occupational Classification (SOC) code for each occupation in each approved petition. ``(ee) The number of petitions withdrawn. ``(ff) The number of petitions awaiting final action. ``(ii) The Secretary of Homeland Security annually shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and timely upload to a public website a report (along with the corresponding raw data set) that contains the following: ``(I) A list of all employers who petition for visas under section 101(a)(15)(H)(i)(b). ``(II) The number of such petitions filed and approved for each such employer. ``(III) The Standard Occupational Classifications (SOC) for the approved positions. ``(IV) The number of nonimmigrants for whom each such employer files for adjustment to permanent resident status. ``(V) A list of all employers who are H-1B-dependent employers (as defined in section 212(n)(3)(A)). ``(VI) A list of all employers for whom more than 30 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). ``(VII) A list of all employers for whom more than 50 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). ``(VIII) A gender breakdown by occupation and by country of origin for the nonimmigrants described in section 101(a)(15)(H)(i)(b). ``(IX) A list of all employers who conduct outplacement of nonimmigrants described in section 101(a)(15)(H)(i)(b). ``(X) The number of nonimmigrants described in section 101(a)(15)(H)(i)(b) categorized by their highest level of education and major or primary field of study, and whether such education was obtained in the United States or in a foreign country. ``(iii) The Secretary of Homeland Security annually shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and timely upload to a public website a report (along with the corresponding raw data set) that contains the following: ``(I) A list of all employers who have filed petitions with the Secretary of Homeland Security for nonimmigrants under section 101(a)(15)(L). ``(II) The number of such petitions filed and approved for each such employer, whether each petition was processed by the Department of Homeland Security or the Department of State as a blanket petition under paragraph (2)(A). ``(III) The Standard Occupational Classifications (SOC) code for each occupation in each approved positions. ``(IV) The amount of compensation paid to each beneficiary. ``(V) The number of nonimmigrants described in section 101(a)(15)(L) for whom each such employer files for adjustment to permanent resident status. ``(VI) A list of all employers for whom more than 30 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). ``(VII) A list of all employers for whom more than 50 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). ``(VIII)(aa) A list of all employers who have been authorized to file blanket petitions under paragraph (2)(A), including those who were identified by aliens applying for a visa under section 101(a)(15)(L) as the employer seeking to employ such aliens; and ``(bb) the number of such visa applications approved pursuant to each blanket petition. ``(IX) A gender breakdown by occupation and by country of origin for the nonimmigrants described in section 101(a)(15)(L). ``(X) list of all employers who conduct outplacement of nonimmigrants described in section 101(a)(15)(L). ``(XI) The number of nonimmigrants described in section 101(a)(15)(L) categorized by their highest level of education and major or primary field of study, and whether such education was obtained in the United States or in a foreign country. ``(XII) The number of petitions which have been authorized as blanket petitions under paragraph (2)(A). ``(iv) Reporting required by this subparagraph includes information gathered on petitions for nonimmigrant status or in any other manner, including consular processing, and computer systems managed by the Secretary of Homeland Security for tracking students and exchange visitors. ``(v) The information included in the reports under this subparagraph shall be disaggregated by nonimmigrant visa type and each subclass, if applicable as set forth in subparagraph (C). ``(vi) The annual reports required under this subparagraph shall be submitted not later than 3 months after the end of each fiscal year and shall contain data pertaining to the requested categories from the immediately preceding fiscal year. ``(B)(i) The Secretary of Homeland Security shall maintain an accurate count of the number of aliens subject to numerical limitations, if any, of the visa issued or nonimmigrant status provided, including under subsection (g)(1). ``(ii) The Secretary of Homeland Security shall notify, on a quarterly basis, the Committees on the Judiciary of the House of Representatives and the Senate of the numbers of aliens who during the preceding 3-month period were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b). ``(iii) The Secretary of Homeland Security shall notify, on a semiannual basis, the Committees on the Judiciary of the House of Representatives and the Senate of the number of aliens who during the preceding 1-year period were issued visas or otherwise provided nonimmigrant status under all annually capped visas enumerated in section 101(a)(15) or who had such a visa or such status revoked or otherwise terminated. ``(iv) Each notification under clause (i), and each submission under clause (ii), shall include the number of aliens who were issued visas or otherwise provided nonimmigrant status pursuant to petitions filed by institutions or organizations described in section 212(p)(1). ``(C) The Secretary of Homeland Security shall collect and report the required data described in subparagraphs (A) and (B) for nonimmigrant visas issued, or nonimmigrant status granted, under any subparagraph of section 101(a)(15) and disaggregate the data accordingly with respect to any particular subclass, or employment- authorized exchange or training program authorized under each subclass or otherwise specified in regulations or Federal agency guidance or directives, including-- ``(i) with respect to section 101(a)(15)(J), the specific program provisions enumerated in subpart B of part 62 of title 22, Code of Federal Regulations; ``(ii) with respect to section 101(a)(15)(B), the specific categories of business visitor activity enumerated in notes 9- 11 of section 41.31 of volume 9, U.S. Department of State Foreign Affairs Manual; and ``(iii) with respect to section 101(a)(15)(F), all persons granted employment authorization pursuant to the provisions enumerated in section 214.2(f)(10) of title 8, Code of Federal Regulations. ``(D) If the Secretary of Homeland Security determines that information maintained by either the Secretary of State or the Secretary of Labor is required to make a submission described in this paragraph, for example if any of the required information is gathered during consular processing or during the labor certification process, the Secretaries of State and Labor shall provide such information to the Secretary of Homeland Security upon request. ``(E) The Secretaries of Homeland Security, State, and Labor shall take such steps as are necessary to revise any applications, petition forms, and databases used for nonimmigrant visas or status under each subparagraph and corresponding subcategory or subclass of section 101(a)(15) which permit an alien beneficiary to work in the United States under any circumstances, including training or business activities which result in receiving any form of compensation, including a stipend, from any source, so as to ensure that sufficient information is collected to report the data as required under this paragraph.''.", "summary": "Transparency in Reporting to Protect American Workers and Prevent Human Trafficking Act - Amends the Immigration and Nationality Act to revise and expand the data reporting requirements to cover all nonimmigrant employees. Requires that such information be available on a public website."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Community Renewal Act of 2002''. SEC. 2. ADDITIONAL DESIGNATIONS OF RENEWAL COMMUNITIES. (a) In General.--Section 1400E of the Internal Revenue Code of 1986 (relating to designation of renewal communities) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Additional Designations Permitted.-- ``(1) In general.--In addition to the areas designated under subsection (a), the Secretary of Housing and Urban Development may designate in the aggregate an additional 20 nominated areas as renewal communities under this section, subject to the availability of eligible nominated areas. Of that number, not less than 5 shall be designated in areas described in subsection (a)(2)(B). ``(2) Period designations may be made and take effect.--A designation may be made under this subsection after the date of the enactment of this subsection and before January 1, 2004. Subject to subparagraphs (B) and (C) of subsection (b)(1), such designations shall remain in effect during the period beginning on January 1, 2004, and ending on December 31, 2011. ``(3) Modifications to eligibility determinations.--The rules of this section shall apply to designations under this subsection, except that population and poverty rate shall be determined by using the 2000 census.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. NONRECOGNITION OF GAIN ON PROCEEDS OF SALE OF REAL PROPERTY WHICH ARE INVESTED IN RENEWAL COMMUNITY, ETC. BUSINESSES. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1046. NONRECOGNITION OF GAIN ON PROCEEDS OF SALE OF REAL PROPERTY WHICH ARE INVESTED IN RENEWAL COMMUNITY, ETC. BUSINESSES. ``(a) Nonrecognition of Gain.--In the case of a sale of real property held by the taxpayer for more than 1 year and with respect to which the taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds-- ``(1) the cost of any qualified asset purchased by the taxpayer during the 60-day period beginning on the date of such sale, reduced by ``(2) any portion of such cost previously taken into account under this section. ``(b) Qualified Asset.--For purposes of this section, the term `qualified asset' means-- ``(1) any qualified empowerment zone asset (as defined in section 1397B), ``(2) any qualified community asset (as defined in section 1400F(b)), and ``(3) any property which would be a qualified empowerment zone asset (as so defined) if enterprise communities and HUB zones were treated as empowerment zones. ``(c) Special Rules.-- ``(1) Ordinary income not eligible for rollover.--This section shall not apply to any gain which is treated as ordinary income for purposes of this subtitle. ``(2) Purchase.--A taxpayer shall be treated as having purchased any property if, but for paragraph (4), the unadjusted basis of such property in the hands of the taxpayer would be its cost (within the meaning of section 1012). ``(3) Basis adjustments.--If gain from any sale is not recognized by reason of subsection (a), such gain shall be applied to reduce (in the order acquired) the basis for determining gain or loss of any qualified asset which is purchased by the taxpayer during the 60-day period described in subsection (a). This paragraph shall not apply for purposes of section 1202. ``(4) Holding period.--For purposes of determining whether the nonrecognition of gain under subsection (a) applies to any qualified asset which is sold-- ``(A) the taxpayer's holding period for such asset and the asset referred to in subsection (a)(1) shall be determined without regard to section 1223, and ``(B) only the first year of the taxpayer's holding period for the asset referred to in subsection (a)(1) shall be taken into account for purposes of paragraphs (2)(A)(iii), (3)(C), and (4)(A)(iii) of section 1400F(b) or comparable rules under section 1397B.''. (b) Technical Amendments.-- (1) Paragraph (23) of section 1016(a) of such Code is amended is amended-- (A) by striking ``or 1397B'' and inserting ``1397B, or 1046'', and (B) by striking ``or 1397B(b)(4)'' and inserting ``1397B(b)(4), or 1046(c)(4)''. (2) Paragraph (15) of section 1223 is amended by striking ``or 1397B'' and inserting ``, 1397B, or 1046''. (3) The table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1046. Nonrecognition of gain on proceeds of sale of real property which are invested in renewal community, etc. businesses.'' (c) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. SEC. 4. LOCAL ALLOCATION OF COMMERCIAL REVITALIZATION DEDUCTION AMOUNTS WHERE STATE FAILS TO ADOPT ALLOCATION PLAN. (a) In General.--Subsection (e) of section 1400I of the Internal Revenue Code of 1986 (relating to commercial revitalization deduction) is amended by adding at the end the following new paragraph: ``(3) Local allocation of revitalization amount where state fails to adopt allocation plan.--If a qualified allocation plan with respect to any State is not approved as provided in paragraph (1) before the 120th day after the date of the enactment of this paragraph, then, beginning on such 120th day-- ``(A) subsection (d)(3) shall cease to apply, and ``(B) the term `commercial revitalization agency' means, with respect to any renewal community, any agency authorized to carry out this section by the local governmental unit having within its jurisdiction the largest portion of such community.''. (b) Effective Date.--The amendment made by this section shall take effect the date of the enactment of this Act.", "summary": "American Community Renewal Act of 2002 - Amends the Internal Revenue Code to: (1) provide for the designation of 20 additional renewal communities; (2) permit the nonrecognition of gain on proceeds of sales of real property which are invested in qualified renewal community zone assets; and (3) provide for the local allocation of commercial revitalization expenditure amounts if a State fails to adopt a qualified allocation plan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Protection and Preparedness Act of 2016''. SEC. 2. RAIL SPILL PREPAREDNESS FUND. (a) In General.--Chapter 51 of title 49, United States Code, is amended by inserting after section 5110 the following: ``Sec. 5111. Rail spill preparedness fund ``(a) Establishment of Rail Account.--There is established in the Oil Spill Liability Trust Fund a separate account to be known as the `Rail Account' consisting of such amounts as may be appropriated, credited, deposited, or transferred to such account as provided in this section. ``(b) Fee for Certain Railroad Tank Cars Transporting Class 3 Flammable Liquids.--Not later than October 1, 2017, and annually thereafter, the Secretary shall impose a fee of $1,500 for each DOT-111 specification railroad tank car, including each CPC-1232 tank car, used to transport Class 3 flammable liquids during the previous fiscal year that, at the time such tank car was used, did not meet the DOT-117, DOT-117P, or DOT-117R specifications in part 179 of title 49, Code of Federal Regulations. Such fee shall be-- ``(1) paid by each person who causes such liquids to be transported by such a tank car in commerce; and ``(2) imposed regardless of-- ``(A) train composition; or ``(B) the phase-out schedule under section 7304(b) of the FAST Act (49 U.S.C. 20155 note). ``(c) Limitation.--A fee imposed pursuant to subsection (b) may not be imposed on a railroad carrier that transports Class 3 flammable liquids. ``(d) Means of Collection.--The Secretary shall prescribe procedures to collect the fees described in subsection (b). The Secretary may use a department, agency, or instrumentality of the United States Government or of a State or local government to collect the fee and may reimburse the department, agency, or instrumentality a reasonable amount for its services. ``(e) Deposits.--Amounts equivalent to the fees collected pursuant to subsection (b) shall be deposited into the Rail Account. ``(f) Expenditures.--Amounts deposited pursuant to subsection (e) shall be available to the Secretary, without need of further appropriation, only for the following purposes: ``(1) The payment of removal and remediation costs and other costs, expenses, claims, and damages related to an accident or incident involving the transportation of Class 3 flammable liquids by rail. ``(2) For the Secretary to make grants to States and Indian tribes to-- ``(A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right- To-Know Act of 1986 (42 U.S.C. 11001 et seq.) related to an accident or incident involving the transportation of Class 3 flammable liquids by rail, including ascertaining flow patterns of Class 3 flammable liquids on lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe; ``(B) to develop and train regional hazardous material emergency response teams to prepare for an accident or incident involving the transportation of Class 3 flammable liquids by rail; ``(C) to train public sector employees to respond to accidents and incidents involving the transportation of Class 3 flammable liquids by rail consistent with the requirements of section 5116; and ``(D) for any other measures that the Secretary, in consultation with States and Indian tribes, determines necessary to assist such States and Indian tribes in preparing for accidents and incidents involving the transportation of Class 3 flammable liquids by rail. ``(g) Public Sector Training Standards.--To the extent that a grant under subsection (f) is used to train emergency responders, the State or Indian tribe shall ensure that the emergency responders who receive training under the grant have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials, including the transportation of Class 3 flammable liquids by rail. ``(h) No Effect on Compliance or Liability Under Federal or State Law.--Nothing in this section may be construed to affect or limit the application of, obligation to comply with, or liability under any Federal or State law. ``(i) Definitions.-- ``(1) Class 3 flammable liquid.--The term `Class 3 flammable liquid' has the meaning given the term flammable liquid in section 173.120(a) of title 49, Code of Federal Regulations. ``(2) Railroad carrier.--The term `railroad carrier' has the meaning given such term in section 20102.''. (b) Conforming Amendment.--The analysis for chapter 51 of title 49, United States Code, is amended by inserting after the item relating to section 5110 the following new item: ``5111. Rail spill preparedness fund.''. SEC. 3. INCREASED INSPECTIONS OF CERTAIN RAIL TRACK. (a) In General.--Not later than 9 months after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to require each Class I railroad carrier to inspect all track where an accident or incident involving the transportation of flammable liquids or material poisonous or toxic by inhalation by rail could affect a high consequence area, in accordance with a schedule prescribed by the Secretary. (b) Method of Inspection.--The inspections required under subsection (a) shall be carried out-- (1) on foot; and (2) periodically, by a gage restraint measurement system, as described in section 213.110 of title 49, Code of Federal Regulations. (c) Remedial Action.--If the individual making an inspection required under subsection (a) finds a deviation from the requirements of part 213 of title 49, Code of Federal Regulations, the individual shall immediately initiate remedial action. (d) Other Railroad Carriers.--Nothing in this section shall be construed to restrict the discretion of the Secretary to require railroad carriers other than Class I railroad carriers to inspect track in accordance with this section. In exercising such discretion, the Secretary shall consider the risk to the public and to railroad employees associated with the operations of the railroad carrier and the transportation of flammable liquids or material poisonous or toxic by inhalation by rail. (e) Definitions.--In this section: (1) High consequence area.--The term ``high consequence area'' means-- (A) a commercially navigable waterway, which means a waterway where a substantial likelihood of commercial navigation exists; (B) a high population area, which means an urbanized area, as defined and delineated by the Census Bureau, that contains 50,000 or more people and has a population density of at least 1,000 people per square mile; (C) an other populated area, which means a place, as defined and delineated by the Census Bureau, that contains a concentrated population, such as an incorporated or unincorporated city, town, village, or other designated residential or commercial area; or (D) an unusually sensitive area, including a drinking water or ecological resource area that is unusually sensitive to environmental damage. (2) Material poisonous or toxic by inhalation.--The term ``material poisonous or toxic by inhalation'' has the meaning given the terms material poisonous by inhalation and material toxic by inhalation in section 171.8 of title 49, Code of Federal Regulations. (3) Other definitions.--The definitions contained in section 20102 of title 49, United States Code, shall apply to this section. SEC. 4. TRACK SAFETY SPECIALISTS. There are authorized to be appropriated such sums as may be necessary for the Administrator of the Federal Railroad Administration to hire a minimum of 2 additional track safety specialists per region.", "summary": "Community Protection and Preparedness Act of 2016 This bill requires the Department of Transportation (DOT), annually, to impose a $1,500 fee for each DOT-111 specification railroad tank car used to transport Class 3 flammable liquids during the previous fiscal year that did not meet DOT-117, DOT-117P, or DOT-117R specifications at the time it was used. Such fee shall be paid by each person who causes such liquids to be transported by such car in commerce and not by the railroad carrier that transports such liquids. Collected fees shall be deposited into a Rail Account established within the Oil Spill Liability Trust Fund and shall be available only for: (1) the payment of removal and remediation costs and other costs, expenses, claims, and damages related to an accident or incident involving the transportation of Class 3 flammable liquids by rail; and (2) DOT grants to states and Indian tribes to develop emergency plans and to train regional hazardous material emergency response teams and public employees responding to such an accident or incident. DOT shall issue such regulations as necessary to require each Class I railroad carrier to inspect all track where an accident or incident involving the transportation by rail of flammable liquids or material poisonous or toxic by inhalation could affect a "high consequence area" (a commercially navigable waterway, an area with a high or concentrated population, or an area that is unusually sensitive to environmental damage). The inspections shall be carried out on foot and by a gage restraint measurement system. An inspector who finds a deviation from requirements regarding track safety standards shall immediately initiate remedial action. Necessary amounts are authorized for the Federal Railroad Administration to hire at least two additional track safety specialists per region."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Women, Peace, and Security Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Around the world, women remain under-represented in conflict prevention, conflict resolution, and post-conflict peace building efforts. (2) Despite the historic under-representation of women in conflict resolution processes, women in conflict-affected regions have nevertheless achieved significant success in-- (A) moderating violent extremism; (B) countering terrorism; (C) resolving disputes through nonviolent mediation and negotiation; and (D) stabilizing societies by enhancing the effectiveness of security services, peacekeeping efforts, institutions, and decision-making processes. (3) Research shows that-- (A) peace negotiations are more likely to end in a peace agreement when women's groups play an influential role in the negotiation process; (B) once reached, a peace agreement is 35 percent more likely to last at least 15 years if women have participated in the negotiation process; and (C) when women meaningfully participate, peace negotiations are more likely to address the underlying causes of the conflict, leading to more sustainable outcomes. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the meaningful participation of women in conflict prevention and conflict resolution processes helps to promote more inclusive and democratic societies and is critical to the long-term stability of countries and regions; (2) the political participation and leadership of women in fragile environments, particularly during democratic transitions, is critical to sustaining lasting democratic institutions; and (3) the United States should be a global leader in promoting the meaningful participation of women in conflict prevention, management, and resolution, and post-conflict relief and recovery efforts. SEC. 4. STATEMENT OF POLICY. It shall be the policy of the United States to promote the meaningful participation of women in all aspects of conflict prevention, management, and resolution, and post-conflict relief and recovery efforts, reinforced through diplomatic efforts and programs that-- (1) integrate the perspectives and interests of affected women into conflict-prevention activities and strategies; (2) encourage partner governments to adopt plans to improve the meaningful participation of women in peace and security processes and decision-making institutions; (3) promote the physical safety, economic security, and dignity of women and girls; (4) support the equal access of women to aid distribution mechanisms and services; (5) collect and analyze gender data for the purpose of developing and enhancing early warning systems of conflict and violence; (6) adjust policies and programs to improve outcomes in gender equality and the empowerment of women; and (7) monitor, analyze, and evaluate the efforts related to each strategy submitted under section 5 and the impact of such efforts. SEC. 5. UNITED STATES STRATEGY TO PROMOTE THE PARTICIPATION OF WOMEN IN CONFLICT PREVENTION AND PEACE BUILDING. (a) Requirement.--Not later than October 1, 2017, October 1, 2022, and October 1, 2027, the President, in consultation with the heads of the relevant Federal departments and agencies, shall submit to the appropriate congressional committees and make publicly available a single government-wide strategy, to be known as the Women, Peace, and Security Strategy, that provides a detailed description of how the United States intends to fulfill the policy objectives in section 4. The strategy shall-- (1) support and be aligned with plans developed by other countries to improve the meaningful participation of women in peace and security processes, conflict prevention, peace building, transitional processes, and decision-making institutions; and (2) include specific and measurable goals, benchmarks, performance metrics, timetables, and monitoring and evaluation plans, to ensure the accountability and effectiveness of all policies and initiatives carried out under the strategy. (b) Specific Plans for Agencies.--Each strategy under subsection (a) shall include a specific implementation plan from each of the relevant Federal departments and agencies that describes-- (1) the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and (2) the efforts of the department or agency to ensure that the policies and initiatives carried out pursuant to the strategy are designed to achieve maximum impact and long-term sustainability. (c) Department of State Implementation.--Within each relevant bureau of the Department of State, the Secretary of State shall task the current Principal Deputy Assistant Secretary with the responsibility for the implementation of the strategy under subsection (a) and the specific implementation plan for the Department under subsection (b), with respect to the roles and responsibilities of such bureau. The Principal Deputy Assistant Secretaries tasked with such responsibility shall meet, at least twice a year, to review the implementation of the strategy and the plan and to contribute to the report under section 8(b). (d) Coordination.--The President should promote the meaningful participation of women in conflict prevention, in coordination and consultation with international partners, including multilateral organizations, stakeholders, and other relevant international organizations, particularly in situations in which the direct engagement of the United States is not appropriate or advisable. (e) Sense of Congress.--It is the sense of Congress that the President, in implementing each strategy submitted under subsection (a), should-- (1) provide technical assistance, training, and logistical support to female negotiators, mediators, peace builders, and stakeholders; (2) address security-related barriers to the meaningful participation of women; (3) increase the participation of women in existing programs funded by the United States Government that provide training to foreign nationals regarding law enforcement, the rule of law, or professional military education; (4) support appropriate local organizations, especially women's peace building organizations; (5) support the training, education, and mobilization of men and boys as partners in support of the meaningful participation of women; (6) encourage the development of transitional justice and accountability mechanisms that are inclusive of the experiences and perspectives of women and girls; (7) expand and apply gender analysis to improve program design and targeting; and (8) conduct assessments that include the perspectives of women before implementing any new initiatives in support of peace negotiations, transitional justice and accountability, efforts to counter violent extremism, or security sector reform. SEC. 6. TRAINING REQUIREMENTS REGARDING THE PARTICIPATION OF WOMEN IN CONFLICT PREVENTION AND PEACE BUILDING. (a) Foreign Service.--The Secretary of State, in conjunction with the Administrator of the United States Agency for International Development, shall ensure that all appropriate personnel (including special envoys, members of mediation or negotiation teams, relevant members of the civil service or Foreign Service, and contractors) responsible for or deploying to countries or regions considered to be at risk of, undergoing, or emerging from violent conflict obtain training, as appropriate, in the following areas, each of which shall include a focus on women and ensuring meaningful participation by women: (1) Conflict prevention, mitigation, and resolution. (2) Protecting civilians from violence, exploitation, and trafficking in persons. (3) International human rights law and international humanitarian law. (b) Department of Defense.--The Secretary of Defense shall ensure that relevant personnel receive training, as appropriate, in the following areas: (1) Training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of meaningful participation by women. (2) Gender considerations and meaningful participation by women, including training regarding-- (A) international human rights law and international humanitarian law, as relevant; and (B) protecting civilians from violence, exploitation, and trafficking in persons. (3) Effective strategies and best practices for ensuring meaningful participation by women. SEC. 7. CONSULTATION AND COLLABORATION. (a) In General.--The Secretary of State and the Administrator of the United States Agency for International Development shall establish guidelines for overseas United States personnel of the Department or the Agency, as the case may be, to consult with stakeholders regarding United States efforts to-- (1) prevent, mitigate, or resolve violent conflict; and (2) enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women. (b) Frequency and Scope.--The consultations required under subsection (a) shall take place regularly and include a range and representative sample of stakeholders, including local women, youth, ethnic and religious minorities, and other politically under- represented or marginalized populations. (c) Collaboration and Coordination.--The Secretary of State should work with international, regional, national, and local organizations to increase the meaningful participation of women in international peacekeeping operations, and should promote training that provides international peacekeeping personnel with the substantive knowledge and skills needed to ensure effective physical security and meaningful participation of women in conflict prevention and peace building. SEC. 8. REPORTS TO CONGRESS. (a) Briefing.--The Secretary of State, in conjunction with the Administrator of the United States Agency for International Development and the Secretary of Defense, shall brief the appropriate congressional committees, not later than 1 year after the date of the first submission of a strategy required under section 5, on-- (1) existing, enhanced, and newly established training carried out pursuant to section 6; and (2) the guidelines established for overseas United States personnel to engage in consultations with stakeholders, pursuant to section 7. (b) Report on Women, Peace, and Security Strategy.--Not later than 2 years after the date of the submission of each strategy required under section 5, the President shall submit to the appropriate congressional committees a report that-- (1) summarizes and evaluates the implementation of such strategy and the impact of United States diplomatic efforts and foreign assistance programs, projects, and activities to promote the meaningful participation of women; (2) describes the nature and extent of the coordination among the relevant Federal departments and agencies on the implementation of such strategy; (3) outlines the monitoring and evaluation tools, mechanisms, and common indicators to assess progress made on the policy objectives in section 4; and (4) describes the existing, enhanced, and newly established training carried out pursuant to section 6. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives. (2) Stakeholders.--The term ``stakeholders'' means non- governmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace building, protection, security, transition initiatives, humanitarian response, or related efforts, including-- (A) registered or non-registered nonprofit organizations, advocacy groups, business or trade associations, labor unions, cooperatives, credit unions, relief or development organizations, community and faith-based organizations, philanthropic foundations, and tribal leaders or structures; (B) independent media, educational, or research institutions; and (C) private enterprises, including international development firms, banks, and other financial institutions, particularly small businesses and businesses owned by women or disadvantaged groups. (3) Meaningful participation.--The term ``meaningful participation'' means safe, genuine, and effective access to, and present and active involvement in the full range of formal or informal processes related to negotiation or mediation with respect to any efforts toward the following: (A) Conflict prevention. (B) Resolution or mitigation of, or transition from, violent conflict. (C) Peacekeeping and peace building. (D) Post-conflict reconstruction, transition initiatives, elections, and governance. (E) Humanitarian response and recovery. (4) Relevant federal departments and agencies.--The term ``relevant Federal departments and agencies'' means-- (A) the United States Agency for International Development; (B) the Department of State; (C) the Department of Defense; (D) the Department of Homeland Security; and (E) any other department or agency specified by the President for purposes of this Act. Passed the House of Representatives November 15, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": "Women, Peace, and Security Act of 2016 This bill expresses the sense of Congress that: (1) the United States should be a global leader in promoting the participation of women in conflict prevention, management, and resolution and post-conflict relief and recovery efforts; and (2) the political participation and leadership of women in fragile environments, particularly during democratic transitions, is critical to sustaining democratic institutions. The President, not later than October 1 of 2017, 2022, and 2027, shall submit to the appropriate congressional committees and make public a Women, Peace, and Security Strategy, which shall: be aligned with other nations' plans to improve the participation of women in peace and security processes, conflict prevention, peace building, and decision-making institutions; and include goals and evaluation plans to ensure strategy effectiveness. Such a strategy shall include a specific implementation plan from each relevant federal agency. The President is urged to promote women's participation in conflict prevention. It is the sense of Congress that the President should: (1) provide technical assistance and training to female negotiators, peace builders, and stakeholders (non-governmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace building, security, or related efforts); (2) address security-related barriers to women's participation; (3) increase women's participation in U.S.-funded programs that provide foreign nationals with law enforcement, rule of law, or military education training; (4) support appropriate local organizations, especially women's peace building organizations; and (5) expand gender analysis to improve program design. The Department of State shall ensure that personnel responsible for, or deploying to, countries or regions considered to be at risk of undergoing, or emerging from, violent conflict obtain training in the following areas, each of which shall include a focus on ensuring participation by women: conflict prevention, mitigation, and resolution; protecting civilians from violence, exploitation, and trafficking in persons; and international human rights law. The Department of Defense shall ensure that relevant personnel receive training in: conflict prevention, peace processes, mitigation, resolution, and security initiatives that addresses the importance of participation by women; and gender considerations and participation by women, including training regarding international human rights law and protecting civilians from violence, exploitation, and trafficking in persons. The State Department and the U.S. Agency for International Development shall establish guidelines for overseas U.S. personnel to consult with stakeholders regarding U.S. efforts to: prevent, mitigate, or resolve violent conflict; and enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women. The State Department is urged to work with international, regional, national, and local organizations to increase the participation of women in international peacekeeping operations. The State Department shall brief the appropriate congressional committees on: (1) training regarding the participation of women in conflict resolution, and (2) guidelines established for overseas personnel to engage in stakeholder consultations. The President shall submit to the appropriate congressional committees a report that evaluates the implementation of such strategy and the impact of U.S. diplomatic efforts and foreign assistance programs to promote the participation of women."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Japanese Imperial Army Disclosure Act''. SEC. 2. ESTABLISHMENT OF JAPANESE IMPERIAL ARMY RECORDS INTERAGENCY WORKING GROUP. (a) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given such term under section 551 of title 5, United States Code. (2) Interagency group.--The term ``Interagency Group'' means the Japanese Imperial Army Records Interagency Working Group established under subsection (b). (3) Japanese imperial army records.--The term ``Japanese Imperial Army records'' means classified records or portions of records that pertain to any person with respect to whom the United States Government, in its sole discretion, has grounds to believe ordered, incited, assisted, or otherwise participated in the experimentation and persecution of any person because of race, religion, national origin, or political option, during the period beginning September 18, 1931, and ending on December 31, 1948, under the direction of, or in association with-- (A) the Japanese Imperial Army; (B) any government in any area occupied by the military forces of the Japanese Imperial Army; (C) any government established with the assistance or cooperation of the Japanese Imperial Army; or (D) any government which was an ally of the Imperial Army of Japan. (4) Record.--The term ``record'' means a Japanese Imperial Army record. (b) Establishment of Interagency Group.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the President shall establish the Japanese Imperial Army Records Interagency Working Group, which shall remain in existence for 3 years after the date the Interagency Group is established. (2) Membership.--The President shall appoint to the Interagency Group individuals whom the President determines will most completely and effectively carry out the functions of the Interagency Group within the time limitations provided in this section, including the Historian of the Department of State, the Archivist of the United States, the head of any other agency the President considers appropriate, and no more than 3 other persons. The head of an agency appointed by the President may designate an appropriate officer to serve on the Interagency Group in lieu of the head of such agency. (3) Initial meeting.--Not later than 90 days after the date of enactment of this Act, the Interagency Group shall hold an initial meeting and begin the functions required under this section. (c) Functions.--Not later than 1 year after the date of enactment of this Act, the Interagency Group shall, to the greatest extent possible consistent with section 3 of this Act-- (1) locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives and Records Administration, all classified Japanese Imperial Army records of the United States; (2) coordinate with agencies and take such actions as necessary to expedite the release of such records to the public; and (3) submit a report to Congress, including the Committee on Government Reform of the House of Representatives, describing all such records, the disposition of such records, and the activities of the Interagency Group and agencies under this section. (d) Funding.--There are authorized to be appropriated such sum as may be necessary to carry out the provisions of this Act. SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS. (a) Release of Records.-- (1) In general.--Subject to paragraphs (2), (3), and (4), the Japanese Imperial Army Records Interagency Working Group shall release in their entirety Japanese Imperial Army records. (2) Exception for privacy.--An agency head may exempt from release under paragraph (1) specific information, that would-- (A) constitute a clearly unwarranted invasion of personal privacy; (B) reveal the identity of a confidential human source, or reveal information about the application of an intelligence source or method, or reveal the identity of a human intelligence source when the unauthorized disclosure of that source would clearly and demonstrably damage the national security interests of the United States; (C) reveal information that would assist in the development or use of weapons of mass destruction; (D) reveal information that would impair United States cryptologic systems or activities; (E) reveal information that would impair the application of state-of-the-art technology within a United States weapon system; (F) reveal actual United States military war plans that remain in effect; (G) reveal information that would seriously and demonstrably impair relations between the United States and a foreign government, or seriously and demonstrably undermine ongoing diplomatic activities of the United States; (H) reveal information that would clearly, and demonstrably impair the current ability of United States Government officials to protect the President, Vice President, and other officials for whom protection services are authorized in the interest of national security; (I) reveal information that would seriously and demonstrably impair current national security emergency preparedness plans; or (J) violate a treaty or other international agreement. (3) Applications of exemptions.-- (A) In general.--In applying the exemptions provided in subparagraphs (B) through (J) of paragraph (2), there shall be a presumption that the public interest will be served by disclosure and release of the records of the Japanese Imperial Army. The exemption may be asserted only when the head of the agency that maintains the records determines that disclosure and release would be harmful to a specific interest identified in the exemption. An agency head who makes such a determination shall promptly report it to the committees of Congress with appropriate jurisdiction, including the Committee on the Judiciary of the Senate and the Committee on Government Reform of the House of Representatives. (B) Application of title 5.--A determination by an agency head to apply an exemption provided in subparagraphs (B) through (I) of paragraph (2) shall be subject to the same standard of review that applies in the case of records withheld under section 552(b)(1) of title 5, United States Code. (4) Limitation on exemptions.-- (A) In general.--The exemptions set forth in paragraph (2) shall constitute the only grounds pursuant to which an agency head may exempt records otherwise subject to release under paragraph (1). (B) Records related to investigation or prosecutions.--This subsection shall not apply to records-- (i) related to or supporting any active or inactive investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or (ii) solely in the possession, custody, or control of the Office of Special Investigations. (b) Inapplicability of National Security Act of 1947 Exemption.-- Section 701(a) of the National Security Act of 1947 (50 U.S.C. 431) shall not apply to any operational file, or any portion of any operational file, that constitutes a Japanese Imperial Army record under this Act. SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR JAPANESE IMPERIAL ARMY RECORDS. For purposes of expedited processing under section 552(a)(6)(E) of title 5, United States Code, any person who was persecuted in the manner described in section 2(a)(3) and who requests a Japanese Imperial Army record shall be deemed to have a compelling need for such record. SEC. 5. EFFECTIVE DATE. The provisions of this Act shall take effect on the date that is 90 days after the date of enactment of this Act.", "summary": "Requires the Group to release such records in their entirety, with an exception for disclosures protected under Federal privacy laws or for certain national security information reasons. Provides a rebuttable presumption that the public interest will be served by the disclosure of such records. Provides for the expedited processing of Freedom of Information Act requests for such records by parties claiming to have been so persecuted."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Corrections Act of 1997''. SEC. 2. GRANTS FOR FACILITIES FOR VIOLENT AND SERIOUS CHRONIC JUVENILE OFFENDERS. (a) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (2) the term ``combination'' has the same meaning as in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603); (3) the term ``juvenile delinquency program'' has the same meaning as in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603); (4) the term ``qualifying State'' means a State that has submitted, or a State in which an eligible unit of local government has submitted, a grant application that meets the requirements of subsections (c) and (e); (5) the terms ``secure detention facility'' and ``secure correctional facility'' have the same meanings as in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603); (6) the term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; and (7) the term ``unit of local government'' has the same meaning as in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603). (b) Authorization of Grants.--The Administrator may make grants to States and units of local government, or combinations thereof, to assist them in planning, establishing, and operating secure detention facilities, secure correctional facilities, and other facilities and programs for violent juveniles and serious chronic juvenile offenders who are accused of or who have been adjudicated as having committed one or more offenses. (c) Applications.-- (1) In general.--The chief executive officer of a State or unit of local government that seeks to receive a grant under this section shall submit to the Administrator an application, in such form and in such manner as the Administrator may prescribe. (2) Contents.--Each application submitted under paragraph (1) shall-- (A) provide assurances that each facility or program funded with a grant under this section will provide appropriate educational and vocational training and substance abuse treatment for juvenile offenders; and (B) provide assurances that each facility or program funded with a grant under this section will afford juvenile offenders intensive post-release supervision and services. (d) Minimum Amount.--Of the total amount made available under subsection (g) to carry out this section in any fiscal year-- (1) except as provided in paragraph (2), each qualifying State, together with units of local government within the State, shall be allocated not less than 1.0 percent; and (2) the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.2 percent. (e) Performance Evaluation.-- (1) Evaluation components.-- (A) In general.--Each facility or program funded with a grant under this section shall contain an evaluation component developed pursuant to guidelines established by the Administrator. (B) Outcome measures.--Each evaluation required by this subsection shall include outcome measures that can be used to determine the effectiveness of each program funded with grant under this section, including the effectiveness of the program in comparison with other juvenile delinquency programs in reducing the incidence of recidivism, and other outcome measures. (2) Periodic review and reports.-- (A) Review.--The Administrator shall review the performance of each recipient of a grant under this section. (B) Reports.--The Administrator may require a grant recipient to submit to the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice the results of the evaluations required under paragraph (1) and such other data and information as may be reasonably necessary to carry out the Administrator's responsibilities under this section. (f) Technical Assistance and Training.--The Administrator shall provide technical assistance and training to each recipient of a grant under this section to assist those recipients in achieving the purposes of this section. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $252,700,000 for fiscal year 1998; (2) $266,000,000 for fiscal year 1999; and (3) $275,310,000 for fiscal year 2000. SEC. 3. COMPENSATING REDUCTION OF AUTHORIZATION OF APPROPRIATIONS. Section 20108(a)(1) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13708(a)(1)) is amended by striking subparagraphs (C) through (E) and inserting the following: ``(C) $2,274,300,000 for fiscal year 1998; ``(D) $2,394,000,000 for fiscal year 1999; and ``(E) $2,477,790,000 for fiscal year 2000.''. SEC. 4. REPORT ON ACCOUNTABILITY AND PERFORMANCE MEASURES IN JUVENILE CORRECTIONS PROGRAMS. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Administrator shall, after consultation with the National Institute of Justice and other appropriate governmental and nongovernmental organizations, submit to Congress a report regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile delinquency programs. (b) Contents.--The report required under this section shall include an analysis of-- (1) the range of performance-based measures that might be utilized as evaluation criteria, including measures of recidivism among juveniles who have been incarcerated in a secure correctional facility or a secure detention facility, or who have participated in a juvenile delinquency program; (2) the feasibility of linking Federal juvenile corrections funding to the satisfaction of performance-based criteria by grantees (including the use of a Federal matching mechanism under which the share of Federal funding would vary in relation to the performance of a facility or program); (3) whether, and to what extent, the data necessary for the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to utilize performance-based criteria in its administration of juvenile delinquency programs are collected and reported nationally; and (4) the estimated cost and feasibility of establishing minimal, uniform data collection and reporting standards nationwide that would allow for the use of performance-based criteria in evaluating secure correctional facilities, secure detention facilities, and juvenile delinquency programs and in administering amounts appropriated for Federal juvenile delinquency programs.", "summary": "Juvenile Corrections Act of 1997 - Authorizes the Administrator of Juvenile Justice and Delinquency Prevention to make grants to assist States and local governments in planning, establishing, and operating secure detention and correctional facilities and other facilities and programs for violent juveniles and serious chronic juvenile offenders who are accused of, or who have been adjudicated as having committed, one or more offenses. Sets forth provisions regarding: (1) application requirements; (2) minimum amounts allocated to qualifying States; (3) performance evaluations; and (4) technical assistance and training. Authorizes appropriations. Amends the Violent Crime Control and Law Enforcement Act of 1994 to make a compensating reduction of the authorization of appropriations from Violent Offender Incarceration and Truth in Sentencing Incentive Grants. Directs the Administrator to submit to the Congress a report regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile delinquency programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Counterfeit Merchandise Prevention Act''. SEC. 2. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT. Section 1905 of title 18, United States Code, is amended-- (1) by striking ``Whoever'' and inserting ``(a) In General.--Whoever''; and (2) by adding at the end the following: ``(b) Provision of Information Relating to Merchandise Presented to Customs.--It shall not be a violation of this section for an officer or employee of U.S. Customs and Border Protection, at the time that merchandise is presented for examination and thereafter, to provide to the owner of a copyright or a registered mark, or to any person who may be injured by a violation of section 1201 of title 17-- ``(1) any information appearing on the merchandise, including its retail packaging, ``(2) a sample of the merchandise and its retail packaging, or ``(3) digital images of the merchandise and its retail packaging, as it was presented to U.S. Customs and Border Protection, without redaction, whether imported into or exported from the United States, or attempted to be exported from the United States, for purposes of determining whether the merchandise or its retail packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is in violation of section 1201 of title 17, as the case may be. ``(c) Provision of Information Relating to Seized Merchandise.--It shall not be a violation of this section for an officer or employee of U.S. Customs and Border Protection, after seizing merchandise pursuant to a determination that the merchandise is in violation of section 1201 of title 17, to provide, to persons injured by the violation, information with respect to the merchandise, including, but not limited to, the following: ``(1) The date of importation. ``(2) The port of entry. ``(3) The description of the merchandise from the entry. ``(4) The quantity involved. ``(5) The country of origin of the merchandise. ``(6) The name and address of the foreign manufacturer. ``(7) The name and address of the exporter. ``(8) The name and address of the importer. ``(9) Photographic or digital images of the merchandise. ``(d) Definitions.--As used in this section-- ``(1) the term `registered mark' has the meaning given that term in section 45 of the Lanham Act (15 U.S.C. 1127); ``(2) the term `Lanham Act' has the meaning given that term in section 2320(e) of this title; ``(3) the term `counterfeit mark' has the meaning given that term in section 2320(e) of this title; and ``(4) the term `without redaction' means, with respect to merchandise, without removing, revising, or otherwise obscuring any information, codes, marks, numbers, or any other markings that appear on the merchandise or its retail packaging. ``(e) Rule of Construction.--Subsections (b), (c), and (d) apply only with respect to tangible goods presented to U.S. Customs and Border Protection for importation into, or exportation from, the United States.''. SEC. 3. PREVENTION OF IMPORTATION OF MANUFACTURED GOODS BEARING INFRINGING MARKS. (a) In General.--Section 42 of the Lanham Act (15 U.S.C. 1124), is amended-- (1) in the first sentence, by striking ``Except as'' and inserting ``(a) In General.--Except as''; (2) by striking ``of the Treasury'' each place it appears and inserting ``of Homeland Security''; and (3) by adding at the end the following: ``(b) Detention of Critical Merchandise.--With respect to critical merchandise that bears a registered trademark recorded under subsection (a), if U.S. Customs and Border Protection detains the merchandise because the merchandise is suspected of bearing a counterfeit mark, then, upon such detention, the Secretary-- ``(1) shall provide to the owner of the registered trademark any information on the critical merchandise and its packaging and labels, including, without redaction, photographs or digital images of the critical merchandise, packaging, and labels; and ``(2) may, at any time, subject to any applicable bonding and return requirements, provide to the owner of the registered trademark samples of the critical merchandise, without redaction. ``(c) Definitions.--In this section: ``(1) Critical merchandise.-- ``(A) In general.--The term `critical merchandise' includes-- ``(i) aircraft engines, appliances, propellers, and spare parts; ``(ii) children's sleepwear; ``(iii) cosmetics; ``(iv) devices; ``(v) drugs; ``(vi) food; ``(vii) motor vehicle equipment; ``(viii) pesticide chemicals; ``(ix) semiconductors; ``(x) tobacco products; ``(xi) any item on the United States Munitions List established under section 38(a) of the Arms Export Control Act (22 U.S.C. 2778(a)); and ``(xii) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the laws of the United States pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States. ``(B) Other definitions.--For purposes of subparagraph (A)-- ``(i) the terms `aircraft engine', `appliance', `propeller', and `spare part' have the meanings given those terms in section 40102(a) of title 49, United States Code; ``(ii) the term `children's sleepwear' has the meaning given that term in sections 1615.1 and 1616.2 of title 16, Code of Federal Regulations, or successor regulations; ``(iii) the terms `cosmetic', `device', `drug', `food', `pesticide chemical', and `tobacco product' have the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); ``(iv) the term `motor vehicle equipment' has the meaning given that term in section 30102(a) of title 49, United States Code; and ``(v) the term `semiconductor' means `semiconductor chip product' as defined in section 901 of title 17. ``(2) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(3) Without redaction.--The term `without redaction' means, with respect to merchandise, without removing, revising, or otherwise obscuring any information, codes, marks, numbers, or any other markings that appear on the merchandise or its retail packaging. ``(d) Rule of Construction.--This section applies only with respect to tangible goods presented to U.S. Customs and Border Protection for importation into the United States.''. (b) Definition.--In this section, the term ``Lanham Act'' means the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.). (c) Effective Date.--The amendments made by this section shall take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act.", "summary": "Foreign Counterfeit Merchandise Prevention Act - Amends the federal criminal code to provide that it shall not be a violation of the prohibition against a federal employee disclosing trade secrets or other confidential or proprietary information for an officer or employee of U.S. Customs and Border Protection (CBP): (1) at the time that merchandise is presented for examination and thereafter, to provide the owner of a copyright or a registered mark or any person who may be injured by a circumvention of copyright protection systems with any information appearing on the merchandise, including its retail packaging, or a sample or image of such merchandise and its retail packaging, for the purposes of determining whether the merchandise or its packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is a violation of copyright protection systems; or (2) after seizing merchandise determined to be in violation of copyright protection systems, to provide certain information to persons injured by such violation, including the date of importation, the port of entry, a description of the merchandise, the country of origin of the merchandise, the names and addresses of the foreign manufacturer, the exporter, and the importer, and a photographic or digital image of the merchandise. Applies such exemption only with respect to tangible goods presented to the CBP for importation into, or exportation from, the United States. Amends the Lanham Act to direct the Secretary of Homeland Security (DHS) (the Secretary) to record and transmit to customs officers any contact information, documentation of the locality in which goods were manufactured, and copies of trademark registrations furnished by domestic or eligible foreign manufacturers or traders for the purpose of aiding the enforcement of a prohibition on the importation of goods bearing infringing marks or names. (Currently, such activities are performed by the Secretary of the Treasury.) Requires the Secretary, if the CBP detains critical merchandise bearing a DHS-recorded registered trademark, to provide the trademark owner any information on such critical merchandise and its packaging and labels, including, without redaction, photographs or digital images, packaging, and labels. Permits the Secretary, subject to any bonding and return requirements, to provide the owner samples of the critical merchandise without redaction. Defines \"critical merchandise\" to include: (1) aircraft engines, appliances, propellers, and spare parts; (2) children's sleepwear, cosmetics, devices, drugs, food, motor vehicle equipment, pesticide chemicals, semiconductors, and tobacco products; (3) items on the U.S. Munitions List established under specified provisions of the Arms Export Control Act; and (4) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the U.S. laws, pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States. Applies such Lanham Act amendments only with respect to tangible goods presented to the CBP for importation into the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Guard and Reserve Readiness and Retention Act of 2004''. SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE. (a) Age and Service Requirements.--Subsection (a) of section 12731 of title 10, United States Code, is amended to read as follows: ``(a)(1) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person-- ``(A) satisfies one of the combinations of requirements for minimum age and minimum number of years of service (computed under section 12732 of this title) that are specified in the table in paragraph (2); ``(B) performed the last six years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed 20 years of service computed under section 12732 of this title before October 5, 1994, the number of years of qualifying service under this subparagraph shall be eight; and ``(C) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. ``(2) The combinations of minimum age and minimum years of service required of a person under subparagraph (A) of paragraph (1) for entitlement to retired pay as provided in such paragraph are as follows: ``Age, in years, is The minimum years of service at least: required for that age is: 53...................................................... 34 54...................................................... 32 55...................................................... 30 56...................................................... 28 57...................................................... 26 58...................................................... 24 59...................................................... 22 60...................................................... 20.''. (b) 20-Year Letter.--Subsection (d) of such section is amended by striking ``the years of service required for eligibility for retired pay under this chapter'' in the first sentence and inserting ``20 years of service computed under section 12732 of this title.''. (c) Effective Date.--This section and the amendments made by this subsection (a) shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and shall apply with respect to retired pay payable for that month and subsequent months. SEC. 3. EXPANDED ELIGIBILITY OF READY RESERVE MEMBERS UNDER TRICARE PROGRAM. (a) Unconditional Eligibility.--Subsection (a) of section 1076b of title 10, United States Code, is amended by striking ``and receive benefits'' and all that follows through ``an employer-sponsored health benefits plan''. (b) Permanent Authority.--Subsection (l) of such section is repealed. (c) Conforming Repeal of Obsolete Provisions.--Such section is further amended-- (1) by striking subsections (i) and (j); and (2) by redesignating subsection (k) as subsection (i). SEC. 4. CONTINUATION OF NON-TRICARE HEALTH BENEFITS PLAN COVERAGE FOR CERTAIN RESERVES CALLED OR ORDERED TO ACTIVE DUTY AND THEIR DEPENDENTS. (a) Required Continuation.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1078a the following new section: ``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage for dependents of certain Reserves called or ordered to active duty ``(a) Payment of Premiums.--The Secretary concerned shall pay the applicable premium to continue in force any qualified health benefits plan coverage for the members of the family of an eligible reserve component member for the benefits coverage continuation period if timely elected by the member in accordance with regulations prescribed under subsection (j). ``(b) Eligible Member; Family Members.--(1) A member of a reserve component is eligible for payment of the applicable premium for continuation of qualified health benefits plan coverage under subsection (a) while serving on active duty pursuant to a call or order issued under a provision of law referred to in section 101(a)(13)(B) of this title during a war or national emergency declared by the President or Congress. ``(2) For the purposes of this section, the members of the family of an eligible reserve component member include only the member's dependents described in subparagraphs (A), (D), and (I) of section 1072(2) of this title. ``(c) Qualified Health Benefits Plan Coverage.--For the purposes of this section, health benefits plan coverage for the members of the family of a reserve component member called or ordered to active duty is qualified health benefits plan coverage if-- ``(1) the coverage was in force on the date on which the Secretary notified the reserve component member that issuance of the call or order was pending or, if no such notification was provided, the date of the call or order; ``(2) on such date, the coverage applied to the reserve component member and members of the family of the reserve component member; and ``(3) the coverage has not lapsed. ``(d) Applicable Premium.--The applicable premium payable under this section for continuation of health benefits plan coverage for the family members of a reserve component member is the amount of the premium payable by the member for the coverage of the family members. ``(e) Maximum Amount.--The total amount that the Department of Defense may pay for the applicable premium of a health benefits plan for the family members of a reserve component member under this section in a fiscal year may not exceed the amount determined by multiplying-- ``(1) the sum of one plus the number of the family members covered by the health benefits plan, by ``(2) the per capita cost of providing TRICARE coverage and benefits for dependents under this chapter for such fiscal year, as determined by the Secretary of Defense. ``(f) Benefits Coverage Continuation Period.--The benefits coverage continuation period under this section for qualified health benefits plan coverage for the family members of an eligible reserve component member called or ordered to active duty is the period that-- ``(1) begins on the date of the call or order; and ``(2) ends on the earlier of-- ``(A) the date on which the reserve component member's eligibility for transitional health care under section 1145(a) of this title terminates under paragraph (3) of such section; ``(B) the date on which the reserve component member elects to terminate the continued qualified health benefits plan coverage of the member's family members; or ``(C) December 31, 2005. ``(g) Extension of Period of COBRA Coverage.--Notwithstanding any other provision of law-- ``(1) any period of coverage under a COBRA continuation provision (as defined in section 9832(d)(1) of the Internal Revenue Code of 1986) for an eligible reserve component member under this section shall be deemed to be equal to the benefits coverage continuation period for such member under this section; and ``(2) with respect to the election of any period of coverage under a COBRA continuation provision (as so defined), rules similar to the rules under section 4980B(f)(5)(C) of such Code shall apply. ``(h) Nonduplication of Benefits.--A member of the family of a reserve component member who is eligible for benefits under qualified health benefits plan coverage paid on behalf of the reserve component member by the Secretary concerned under this section is not eligible for benefits under the TRICARE program during a period of the coverage for which so paid. ``(i) Revocability of Election.--A reserve component member who makes an election under subsection (a) may revoke the election. Upon such a revocation, the member's family members shall become eligible for benefits under the TRICARE program as provided for under this chapter. ``(j) Regulations.--The Secretary of Defense shall prescribe regulations for carrying out this section. The regulations shall include such requirements for making an election of payment of applicable premiums as the Secretary considers appropriate.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1078a the following new item: ``1078b. Continuation of non-TRICARE health benefits plan coverage for dependents of certain Reserves called or ordered to active duty.''. (b) Applicability.--Section 1078b of title 10, United States Code (as added by subsection (a)), shall apply with respect to calls or orders of members of reserve components of the Armed Forces to active duty as described in subsection (b) of such section, that are issued by the Secretary of a military department before, on, or after the date of the enactment of this Act, but only with respect to qualified health benefits plan coverage (as described in subsection (c) of such section) that is in effect on or after the date of the enactment of this Act.", "summary": "Guard and Reserve Readiness Retention Act of 2004 - Makes eligible for retired pay non-regular service reserve personnel who obtain the following age and years of reserve service: (1) 60 and 20; (2) 59 and 22; (3) 58 and 24; (4) 57 and 26; (5) 56 and 28; (6) 55 and 30; (7) 54 and 32; and (8) 53 and 34. (Currently, only those obtaining 60 years of age with 20 years of such service are eligible.) Removes the requirement that members of the Selected Reserve and the Individual Ready Reserve may be eligible for benefits under TRICARE (a Department of Defense managed health care program) only if such members: (1) are eligible unemployment compensation recipients; or (2) are not eligible for health care benefits under any employer-sponsored health benefits plan. Makes such eligibility permanent (currently terminates December 31, 2004). Directs the Secretary of the military department concerned to pay the applicable premium to continue in force any qualified health plan coverage for a reserve member (and his or her dependents) while the member is serving on active duty pursuant to a call or order issued during a war or national emergency declared by the President or Congress. Requires the continuation of COBRA coverage during such period. Prohibits simultaneous coverage under both the qualified health plan and TRICARE."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Information Technology Financing Act of 2009''. SEC. 2. SMALL BUSINESS HEALTH INFORMATION TECHNOLOGY FINANCING PROGRAM. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 44 as section 45; and (2) by inserting after section 43 the following: ``SEC. 44. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY. ``(a) Definitions.--In this section-- ``(1) the term `cost' has the meaning given that term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); ``(2) the term `eligible professional' means-- ``(A) a physician (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))); ``(B) a practitioner described in section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)); ``(C) a physical or occupational therapist; ``(D) a qualified speech-language pathologist (as defined in section 1861(ll)(4)(A) of the Social Security Act (42 U.S.C. 1395x(ll)(4)(A)); ``(E) a qualified audiologist (as defined in section 1861(ll)(4)(B) of the Social Security Act (42 U.S.C. 1395x(ll)(4)(B)); ``(F) a qualified medical transcriptionist; ``(G) a State-licensed pharmacist; ``(H) a State-licensed supplier of durable medical equipment, prosthetics, orthotics, or supplies; and ``(I) a State-licensed, a State-certified, or a nationally accredited home health care provider; ``(3) the term `health information technology'-- ``(A) means computer hardware, software, and related technology that-- ``(i) supports the requirements for being treated as a meaningful EHR user (as described in section 1848(o)(2)(A) of the Social Security Act (42 U.S.C. 1395w-4(o)(2)(A))) and is purchased by an eligible professional to aid in the provision of health care in a health care setting, including electronic medical records; and ``(ii) provides for-- ``(I) enhancement of continuity of care for patients through electronic storage, transmission, and exchange of relevant personal health data and information, such as ensuring that this information is accessible at the times and places where clinical decisions will be or are likely to be made; ``(II) enhancement of communication between patients and health care providers; ``(III) improvement of quality measurement by eligible professionals enabling the eligible professionals to collect, store, measure, and report on the processes and outcomes of individual and population performance and quality of care; ``(IV) improvement of evidence- based decision support; or ``(V) enhancement of consumer and patient empowerment; and ``(B) does not include information technology the sole use of which is financial management, maintenance of inventory of basic supplies, or appointment scheduling; ``(4) the term `qualified eligible professional' means an eligible professional whose office is a small business concern; and ``(5) the term `qualified medical transcriptionist' means a specialist in medical language and the healthcare documentation process who-- ``(A) interprets and transcribes dictation by physicians and other healthcare professionals to ensure accurate, complete, and consistent documentation of healthcare encounters; and ``(B) is certified by or registered with the Association for Healthcare Documentation Integrity, or a successor association thereto. ``(b) Loan Guarantees for Qualified Eligible Professionals.-- ``(1) In general.--Subject to paragraph (2), the Administrator may guarantee not more than 90 percent of a loan made to a qualified eligible professional for the acquisition of health information technology for use in the medical practice of the qualified eligible professional and for the costs associated with the installation of the health information technology. Except as otherwise provided in this section, a loan guaranteed under this section shall be made on the same terms and conditions as a loan made under section 7(a). ``(2) Limitations on guarantee amounts.--The maximum amount of loan principal guaranteed under this subsection may not be more than-- ``(A) $350,000 with respect to any 1 qualified eligible professional; and ``(B) $2,000,000 with respect to 1 group of affiliated qualified eligible professionals. ``(c) Fees.-- ``(1) In general.--The Administrator may-- ``(A) impose a guarantee fee on a qualified eligible professional for the purpose of reducing the cost of the guarantee to zero in an amount not to exceed 2 percent of the total guaranteed portion of any loan guaranteed under this section; and ``(B) impose an annual servicing fee on a lender making a loan guaranteed under this section of not more 0.5 percent of the outstanding balance of the guaranteed portion of loans by the lender guaranteed under this section. ``(2) No fees by lenders.--No service fees, processing fees, origination fees, application fees, points, brokerage fees, bonus points, or other fees may be charged to a loan applicant or recipient by a lender relating to a loan guaranteed under this section. ``(d) Deferral Period.--A loan guaranteed under this section shall carry a deferral period of not less than 1 year and not more than 3 years. The Administrator may subsidize interest during the period for which a loan guaranteed under this section is deferred. ``(e) Effective Date.--The Administrator may not guarantee a loan under this section until the meaningful EHR use requirements have been determined by the Secretary of Health and Human Services. ``(f) Sunset.--The Administrator may not guarantee a loan under this section after the date that is 7 years after meaningful EHR use requirements have been determined by the Secretary of Health and Human Services. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary for the cost of guaranteeing $10,000,000,000 in loans under this section. The Administrator shall determine the cost of guaranteeing loans under this section separately and distinctly from other programs operated by the Administrator.''.", "summary": "Small Business Health Information Technology Financing Act of 2009 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90% of the amount of a loan, up to specified loan amounts, to a small business health professional to be used for the acquisition and installation of health information technology for the professional's medical practice. Defines the term \"health information technology\" to mean computer hardware, software, and related technology that supports the meaningful electronic health record use requirements of title XVIII (Medicare) of the Social Security Act and is purchased by an eligible professional to aid in the provision of health care, including electronic medical records, but excludes information technology whose sole use is financial management, maintenance of inventory of basic supplies, or appointment scheduling."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Back to Business Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) 43 percent of businesses that close following a natural disaster never reopen; (2) an additional 29 percent of businesses close down permanently within 2 years of a natural disaster; (3) Hurricane Katrina struck the Gulf Coast of the United States on August 29, 2005, negatively impacting small business concerns and disrupting commerce in the States of Louisiana, Mississippi, and Alabama; (4) Hurricane Rita struck the Gulf Coast of the United States on September 24, 2005, negatively impacting small business concerns and disrupting commerce in the States of Texas and Louisiana; (5) according to the United States Chamber of Commerce, more than 125,000 small- and medium-sized businesses in the Gulf Coast were disrupted by Hurricane Katrina or Hurricane Rita; (6) due to a slow initial Federal response and the widespread devastation in the affected States, businesses impacted by Hurricane Katrina are in dire need of increased access to capital and technical assistance to recover and prosper; and (7) without the full recovery and prosperity of affected businesses, the Gulf Coast and the rest of the United States will be negatively impacted. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Disaster Area'' means an area in which the President has declared a major disaster in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005; (2) the term ``major disaster'' has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); and (3) the term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 4. SMALL BUSINESS CONCERN RECOVERY GRANTS. (a) In General.--There are authorized to be appropriated to the Secretary of Commerce $100,000,000 for the Economic Development Administration of the Department of Commerce to make grants to the appropriate State government agencies in Louisiana and Mississippi, to carry out this section. (b) Disbursement of Funds.-- (1) In general.--Subject to paragraph (2), the Secretary of Commerce shall disburse the funds authorized under subsection (a) as follows: (A) $75,000,000 to the State of Louisiana. (B) $25,000,000 to the State of Mississippi. (2) Proportionate allocation.--Regardless of the amount appropriated under subsection (a), the amount appropriated shall be allocated among the States listed in paragraph (1) of this subsection in direct proportion to the allocation under that paragraph. (c) Use of Funds.-- (1) In general.--Grants awarded to a State under subsection (a) shall be used by the State to provide grants, which may be made to any small business concern located in a Disaster Area that was negatively impacted by Hurricane Katrina of 2005 or Hurricane Rita of 2005, to assist such small business concern for the purposes of-- (A) paying employees; (B) paying bills, insurance costs, and other existing financial obligations; (C) making repairs; (D) purchasing inventory; (E) restarting or operating that business in the community in which it was conducting operations prior to Hurricane Katrina of 2005 or Hurricane Rita of 2005, or to a neighboring area or county or parish in a Disaster Area; (F) compensating such small business concerns for direct economic injury suffered as a result of Hurricane Katrina of 2005 or Hurricane Rita of 2005; or (G) covering additional costs until that small business concern is able to obtain funding through insurance claims, Federal assistance programs, or other sources. (2) Criteria.-- (A) In general.--Notwithstanding any other provision of law, in making grants under paragraph (1), a State may use such criteria as the State determines appropriate, and shall not be required to apply eligibility criteria for programs administered by the Federal Government, including the Department of Commerce. (B) Exclusion.--In making grants under paragraph (1), a State may not exclude a small business concern based on any increase in the revenue of that small business concern during the 12-month period beginning on October 1, 2005. (3) Administrative expenses.--The Department of Commerce may use not more than $1,500,000 of the funds authorized under subsection (a) to administer the provision of grants to the designated States under this subsection. SEC. 5. DISASTER LOANS AFTER HURRICANE KATRINA OR HURRICANE RITA. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (3) the following: ``(4) Disaster loans after hurricane katrina or hurricane rita in a disaster area.-- ``(A) Definitions.--In this paragraph-- ``(I) the term `Disaster Area' means an area in which the President has declared a major disaster in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005; and ``(ii) the term `qualified borrower' means a person to whom the Administrator made a loan under this section because of Hurricane Katrina of 2005 or Hurricane Rita of 2005. ``(B) Deferment of disaster loan payments.-- ``(i) In general.--Notwithstanding any other provision of law, payments of principal and interest on a loan to a qualified borrower made before December 31, 2006, shall be deferred, and no interest shall accrue with respect to such loan, during the time period described in clause (ii). ``(ii) Time period.--The time period for purposes of clause (i) shall be 1 year from the later of the date of enactment of this paragraph or the date on which funds are distributed under a loan described in clause (i), but may be extended to 2 years from such date, at the discretion of the Administrator. ``(iii) Resumption of payments.--At the end of the time period described in clause (ii), the payment of periodic installments of principal and interest shall be required with respect to such loan, in the same manner and subject to the same terms and conditions as would otherwise be applicable to any other loan made under this subsection.''. (b) Increasing Collateral Requirements.-- (1) In general.--Notwithstanding any other provision of law, including section 7(c)(6) of the Small Business Act (15 U.S.C. 636(c)(6)), the Administrator may not require collateral for any covered loan made by the Administrator. (2) Definition.--In this subsection, the term ``covered loan'' means a loan in an amount of not more than $35,000 made-- (A) under section 7(b)(1) of the Small Business Act (15 U.S.C. 636(b)(1)); (B) as a result of Hurricane Katrina of 2005 or Hurricane Rita of 2005; and (C) after the date of enactment of this Act. SEC. 6. OTHER PROGRAMS. (a) HUBZones.--Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``or''; (B) in subparagraph (E), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(F) an area in which the President has declared a major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) as a result of Hurricane Katrina of August 2005 or Hurricane Rita of September 2005, during the time period described in paragraph (8).''; and (2) by adding at the end the following: ``(8) Time period.--The time period for the purposes of paragraph (1)(F)-- ``(A) shall be the 2-year period beginning on the later of the date of enactment of this paragraph and August 29, 2007; and ``(B) may, at the discretion of the Administrator, be extended to be the 3-year period beginning on the later of the date of enactment of this paragraph and August 29, 2007.''. (b) Relief From Test Program.--Section 711(d) of the Small Business Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended-- (1) by striking ``The Program'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the Program''; and (2) by adding at the end the following: ``(2) Exception.-- ``(A) In general.--The Program shall not apply to any contract related to relief or reconstruction from Hurricane Katrina of 2005 or Hurricane Rita of 2005 during the time period described in subparagraph (B). ``(B) Time period.--The time period for the purposes of subparagraph (A)-- ``(I) shall be the 2-year period beginning on the later of the date of enactment of this paragraph and August 29, 2007; and ``(ii) may, at the discretion of the Administrator, be extended to be the 3-year period beginning on the later of the date of enactment of this paragraph and August 29, 2007.''.", "summary": "Gulf Coast Back to Business Act of 2007 - Authorizes appropriations for the Economic Development Administration of the Department of Commerce for grants to appropriate state government agencies in Louisiana and Mississippi for small businesses located in disaster areas caused by Hurricanes Katrina or Rita. Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to defer for a conditional period the payment of principal and interest on disaster loans made to small businesses affected by such hurricanes in the case of loans made before December 31, 2006. Prohibits an increased collateral requirement with respect to the deferred loans. Includes as a HUBZone (historically underutilized business zone) any area in which the President has declared a major disaster as a result of such hurricanes. Amends the Small Business Competitive Demonstration Program Act of 1988 to make the small business competitive demonstration program (to test innovative small business procurement methods and procedures) inapplicable, for a conditional period, to any contract related to relief or reconstruction from such hurricanes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer Patient Education Act of 2012''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Annually, about 207,090 new cases of breast cancer are diagnosed, according to the American Cancer Society. (2) Breast cancer has a disproportionate and detrimental impact on African-American women and is the most common cancer among Hispanic/Latina women. (3) African-American women under the age of 40 have a greater incidence of breast cancer than Caucasian women of the same age. (4) Individuals undergoing surgery for breast cancer should give due consideration to the option of breast reconstructive surgery, either at the same time as the breast cancer surgery or at a later date. (5) According to the American Cancer Society, immediate breast reconstruction offers the advantage of combining the breast cancer surgery with the reconstructive surgery and is cost effective. (6) According to the American Cancer Society, delayed breast reconstruction may be advantageous in women who require post-surgical radiation or other treatments. (7) A woman suffering from the loss of her breast may not be a candidate for surgical breast reconstruction or may choose not to undergo additional surgery and instead choose breast prostheses. (8) The Women's Health and Cancer Rights Act of 1998 (WHCRA; Public Law 105-277) requires health plans that offer breast cancer coverage to also provide for breast reconstruction. (9) Required coverage for breast reconstruction includes all the necessary stages of reconstruction. Surgery of the opposite breast for symmetry may be required. Breast prostheses may be necessary. Other sequelae of breast cancer treatment, such as lymphedema, must be covered. (10) Up to 70 percent of women eligible for breast reconstruction are not informed of their reconstructive options. (11) Several states have enacted laws to require that women receive information on their breast cancer treatment and reconstruction options. (12) A 2009 study by Amy Alderman, M.D. at the University of Michigan and Caprice Greenberg of the Dana Farber Institute determined the two dominant reasons why women did not undergo breast reconstruction: (1) the woman was not informed of her options, and (2) the woman was not referred to a breast reconstruction surgeon. (13) According to a 2008 report by Greenberg, most women undergo breast reconstruction because the option was offered and discussed by the breast cancer surgeon. This critical discussion is often lacking. (14) Greenberg reports that women with Medicare undergo breast reconstruction at a rate of 11 percent. Women with managed care or indemnity insurance undergo reconstruction at a rate of approximately 54 percent. Nationally, only 33 percent of eligible women with breast cancer undergo breast reconstruction. SEC. 3. BREAST RECONSTRUCTION EDUCATION. Part V of title III of the Public Health Service Act (42 U.S.C. 280; programs relating to breast health and cancer) is amended by adding at the end the following: ``SEC. 399NN-1. BREAST RECONSTRUCTION EDUCATION. ``(a) In General.--The Secretary shall provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options. ``(b) Information To Be Disseminated.-- ``(1) Specific information.--Such campaign shall include dissemination of the following information: ``(A) Breast reconstruction is possible at the time of breast cancer surgery, or in a delayed fashion. ``(B) Prostheses or breast forms may be available. ``(C) Federal law mandates both public and private health plans to include coverage of breast reconstruction and prostheses. ``(D) The patient has a right to choose their provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care. ``(E) The patient may opt to undergo breast reconstruction in a delayed fashion for personal reasons, or after completion of all other breast cancer treatments. ``(2) Other information.--In addition to the information described in paragraph (1), such campaign may include dissemination of such other information (whether developed by the Secretary or by other entities) as the Secretary determines relevant. ``(3) Restriction.--Such campaign shall not specify, or be designed to serve as a tool to limit, the health care providers available to patients. ``(c) Consultation.--In developing the information to be disseminated under this section, the Secretary shall consult with appropriate medical societies and patient advocates related to breast cancer, breast reconstructive surgery, and breast prostheses and breast forms.''.", "summary": "Breast Cancer Patient Education Act of 2012 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options. Requires such campaign to include dissemination of the following information: (1) breast reconstruction is possible at the time of breast cancer surgery or in a delayed fashion; (2) prostheses or breast forms may be available; (3) federal law mandates that both public and private health plans include coverage of breast reconstruction and prostheses; (4) the patient has a right to choose the provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care; and (5) the patient may opt to undergo breast reconstruction in a delayed fashion for personal reasons or after completion of all other breast cancer treatments. Prohibits such campaign from specifying, or being designed to serve as a tool to limit, the health care providers available to patients."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Bipartisan Commission on Campaign Finance Reform Act of 1997''. SEC. 2. ESTABLISHMENT AND DUTIES OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Independent Bipartisan Commission on Campaign Finance Reform'' (referred to in this Act as the ``Commission''). (b) Duties.--The duties of the Commission are to study the law relating to elections for Federal office and to report and recommend legislation to reform that law. SEC. 3. MEMBERSHIP OF COMMISSION. (a) Composition.-- (1) Number.--The Commission shall be composed of 12 members appointed by the President not later than the date that is 15 days after the date of enactment of this Act. (2) Requirements.--The members shall be appointed from among individuals who-- (A) are not incumbent Members of Congress; and (B) are specially qualified to serve on the Commission by reason of education, training, or experience. (b) Appointment.-- (1) In general.--Members shall be appointed as follows: (A) 3 members (one of whom is a political independent (as defined in paragraph (3))) shall be appointed from among a list of nominees submitted by the Speaker of the House of Representatives. (B) 3 members (one of whom is a political independent) shall be appointed from among a list of nominees submitted by the Majority Leader of the Senate. (C) 3 members (one of whom is a political independent) shall be appointed from among a list of nominees submitted by the Minority Leader of the House of Representatives. (D) 3 members (one of whom is a political independent) shall be appointed from among a list of nominees submitted by the Minority Leader of the Senate. (2) Failure to submit list of nominees.--If an official described in subparagraph (A), (B), (C), or (D) of paragraph (1) fails to submit a list of nominees to the President during the 15-day period that begins on the date of enactment of this Act-- (A) the applicable subparagraph shall no longer apply; and (B) the President shall appoint 3 members (one of whom is a political independent) who meet the requirements described in subsection (a) and such other criteria as the President may determine to apply. (3) Political independent.--In this subsection, the term ``political independent'' means an individual who at no time on or after January 1, 1992-- (A) has held elective office as a member of the Democratic or Republican party; (B) has received any compensation from the Democratic or Republican party or from a Democratic or Republican party officeholder or candidate; or (C) has provided substantial volunteer services or made any substantial contribution to the Democratic or Republican party or to a Democratic or Republican party officeholder or candidate. (c) Chairperson.--At the time of the appointment, the President shall designate 1 member of the Commission as the chairperson of the Commission. (d) Period of Appointment.--A member of the Commission shall be appointed for the life of the Commission. (e) Vacancy.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Political Affiliation.--Not more than 4 members of the Commission may be of the same political party (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)). SEC. 4. POWERS OF COMMISSION. (a) Hearings.-- (1) In general.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. (2) Open meetings.--In carrying out the preceding paragraph, the Commission shall ensure that a substantial number of its meetings are open meetings, with significant opportunities for testimony from members of the general public. (b) Quorum.--7 members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (c) Voting.--The approval of at least 9 members of the Commission is required when approving all or a portion of the recommended legislation. (d) Power of Member.--A member of the Commission may, if authorized by the Commission, take an action that the Commission is authorized to take under this section. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Pay and Travel Expenses of Members.-- (1) Pay rate.--Each member of the Commission shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (2) Travel expenses.--Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) Staff Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a staff director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Staff of Commission; Services.-- (1) In general.--With the approval of the Commission, the staff director of the Commission may appoint additional personnel, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may fix the pay of additional personnel, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (2) Maximum rate of pay.--An an individual appointed under paragraph (1) may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (3) Experts and consultants.--The Commission may procure by contract the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. SEC. 6. REPORT AND RECOMMENDED LEGISLATION. (a) Report.--Not later than July 1, 1998, or the date that is 240 days after the date on which the last of the members of the Commission is appointed under section 3 (whichever occurs earlier), the Commission shall submit to the President, the Speaker and Minority Leader of the House of Representatives, and the Majority and Minority Leaders of the Senate a report of the activities of the Commission. (b) Recommendations; Draft of Legislation.--The report under subsection (a) shall include-- (1) any recommendations for changes in the law (including regulations) relating to elections for Federal office (including any changes in the rules of the Senate or the House of Representatives) to which 9 or more members of the Commission agree; and (2) at least 1 bill (including technical and conforming provisions) approved by the members of the Commission to implement the recommendations. (c) Goals of Recommendations and Legislation.--In making recommendations and preparing legislation under this section, the Commission shall consider the following primary goals: (1) Encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues. (2) Eliminating the disproportionate influence of special interest financing of Federal elections. (3) Creating a more equitable electoral system for challenger and incumbent candidates. SEC. 7. EXPEDITED CONGRESSIONAL CONSIDERATION OF LEGISLATION. (a) In General.--Each bill submitted under section 6(b) shall-- (1) not later than 3 days after the Commission submits the bill under section 6(a), be introduced (by request) in the House of Representatives by the Majority Leader of the House and shall be introduced (by request) in the Senate by the Majority Leader of the Senate; and (2) be given expedited consideration under the same provisions and in the same way, subject to subsection (b), as a joint resolution under section 2908 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2678 note). (b) Special Rules.--For purposes of applying subsection (a) with respect to such provisions, the following rules shall apply: (1) Section 2908(a) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2678 note) shall not apply. (2) Any reference to the resolution described in subsection (a) shall be deemed to be a reference to the bill submitted under section 6(b) of this Act. (3) Any reference to the Committee on National Security of the House of Representatives shall be deemed to be a reference to the Committee on House Oversight of the House of Representatives and any reference to the Committee on Armed Services of the Senate shall be deemed to be a reference to the Committee on Rules and Administration of the Senate. (4) Any reference to the date on which the President transmits a report shall be deemed to be a reference to the date on which the recommendation of the Commission is submitted under section 6(b). (5) Notwithstanding section 2908(d)(2) of the Act-- (A) debate on the bill in the House of Representatives, and on all debatable motions and appeals in connection with the bill, shall be limited to not more than 10 hours, divided equally between those favoring and those opposing the bill; (B) debate on the bill in the Senate, and on all debatable motions and appeals in connection with the bill, shall be limited to not more than 10 hours, divided equally between those favoring and those opposing the bill; and (C) debate in the Senate on any single debatable motion and appeal in connection with the bill shall be limited to not more than 1 hour, divided equally between the proponent of the motion and the manager of the bill, except that if the manager of the bill is in favor of the motion or appeal, the time in opposition to the motion or appeal shall be controlled by the Minority Leader or the Leader's designee, and the Majority and Minority Leader may each allot additional time from time under such Leader's control to any Senator during the consideration of any debatable motion or appeal. SEC. 8. TERMINATION. The Commission shall cease to exist on the date that is 90 days after the date of the submission of its report under section 6. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its duties under this Act.", "summary": "Independent Bipartisan Commission on Campaign Finance Reform Act of 1997 - Establishes the Independent Bipartisan Commission on Campaign Finance Reform to study the law relating to elections for Federal office and to report and recommend legislation to reform that law. Provides for expedited congressional consideration of legislation submitted under this Act. Terminates the Commission 90 days after submission of its report. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Target Practice and Marksmanship Training Support Act''. (b) Findings.--The Congress finds the following: (1) Use of firearms for target practice and marksmanship training on Federal lands is allowed except to the extent specific portions of such lands have been closed to such activities. (2) In recent years, considerations of public safety have made it necessary to close additional portions of Federal lands to target practice and marksmanship training, especially in States that have experienced significant population growth. (3) Use of public target ranges on Federal lands is often more consistent with public safety and convenience than use of undeveloped Federal lands for target practice and marksmanship training. (4) It is in the public interest for the Federal Government to provide support for construction or expansion of public target ranges, especially in States where population growth and patterns of settlement in recent years have made it necessary to prohibit such activities on Federal lands where target practice and marksmanship training were formerly allowed. (5) Current law, including the Pittman-Robertson Wildlife Restoration Act, provides Federal support for construction or expansion of public target ranges by making available to States funds that can be used for construction, operation, and maintenance of public target ranges. (6) It is in the public interest to provide greater Federal support to facilitate construction or expansion of public target ranges in States that have experienced population growth and a reduction in the number of such target ranges on Federal lands. (c) Purpose.--The purpose of this Act is to facilitate the construction and expansion of public target ranges, including ranges on Federal lands managed by the Forest Service and Bureau of Land Management, in States that have experienced population growth and a reduction in the extent to which target practice and marksmanship training are permitted on Federal lands in such States. SEC. 2. FUNDING. (a) Cost Sharing and Availability of Funds.--Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-1) is amended as follows: (1) By amending subsection (b) to read as follows: ``(b) Cost Sharing.-- ``(1) In general.--Except as provided by paragraph (2), the Federal share of the cost of any activity carried out with a grant under this section shall not exceed 75 percent of the total cost of the activity. ``(2) Public target range construction or expansion.-- ``(A) The Federal share of the cost of acquiring land for, or construction or expansion of, a public target range in an eligible State shall not exceed 90 percent of such cost. ``(B) For purposes of this paragraph, the term `eligible State' means a State that, since the most recent decennial census, has experienced-- ``(i) at least a 2 percent growth in population, as demonstrated by the State to the satisfaction of the Secretary; and ``(ii) a reduction in the acreage of Federal lands in such State where target practice and marksmanship training are permitted, as determined by the Secretary.''. (2) In subsection (c)(1), by striking the final period and inserting the following: ``except that amounts provided for acquiring land for, or construction or expansion of, public target ranges shall remain available until expended in the case of a State that, since the most recent decennial census, has experienced-- ``(A) at least a 2 percent growth in population, as demonstrated by the State to the satisfaction of the Secretary; and ``(B) a reduction in the acreage of Federal lands in such State where target practice and marksmanship training are permitted, as determined by the Secretary.''. (b) Use of Wildlife Conservation Funds.--Section 4 of the Pittman- Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended-- (1) by redesignating subsection (c) (relating to apportionment of Wildlife Conservation and Restoration Account) as subsection (d) and subsection (d) (relating to Wildlife Conservation and Restoration Programs) as subsection (e); (2) in subsection (e)(3), as redesignated by paragraph (1), by striking ``subsection (c)'' and inserting ``subsection (d)''; and (3) in subsection (e)(4)(B), as redesignated by paragraph (1), by-- (A) inserting ``(i)'' after ``(B)''; and (B) adding at the end the following new clauses: ``(ii) During the first fiscal year beginning after the date of enactment of the Target Practice and Marksmanship Training Support Act and each of the 9 subsequent fiscal years, not more than 10 percent of the amounts apportioned to an eligible State under this section for such State's wildlife conservation and restoration program may be used for acquiring land for, or construction or expansion of, public target ranges or for assisting a Federal land-management agency with environmental remediation or other steps needed to allow for public target ranges on Federal lands. ``(iii) As used in clause (ii), the term `eligible State' means a State that, since the most recent decennial census, has experienced-- ``(I) at least a 2 percent growth in population, as demonstrated by the State to the satisfaction of the Secretary; and ``(II) a reduction in the acreage of Federal lands in such State where target practice and marksmanship training are permitted, as determined by the Secretary.''. SEC. 3. LIMITS ON LIABILITY. (a) Discretionary Function.--For purposes of the Federal Tort Claims Act (28 U.S.C. 1346(b), 2671-2680), any action by an agent or employee of the United States to authorize use of Federal land for purposes of target practice or marksmanship training by members of the public shall be considered to constitute the exercise or performance of a discretionary function. (b) Civil Action or Claims.--Except to the extent provided in the Federal Tort Claims Act (28 U.S.C. 1346(b), 2671-2680), the United States shall not be subject to any civil action or claim for money damages for injury or loss of property, or personal injury or death caused by any activity occurring at a public target range that is wholly or partially funded by the United States pursuant to this Act or located on Federal land. SEC. 4. COOPERATION. It is the sense of Congress that, consistent with applicable laws and regulations, the Forest Service and the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out environmental remediation or other activities on Federal lands used as public target ranges in order to avoid closing such lands to use for target practice or marksmanship training.", "summary": "Target Practice and Marksmanship Training Support Act - Amends the Pittman-Robertson Wildlife Restoration Act to limit the federal share of the cost of acquiring land for, or construction or expansion of, public target ranges in eligible states to 90% of such cost. Defines \"eligible state\" to mean a state that, since the most recent decennial census, has experienced: (1) at least a 2% growth in population; and (2) a reduction in the acreage of federal lands in such state where target practice and marksmanship training are permitted. Specifies that amounts made available and apportioned for grants that are provided to eligible states under the firearm and bow hunter education and safety program for acquiring land for, or construction or expansion of, public target ranges shall remain available until they are expended. Permits not more than 10% of the amounts apportioned to an eligible state under the Act for such state's wildlife conservation and restoration program to be used for acquiring land for, or construction or expansion of, public target ranges or for assisting a federal land-management agency with environmental remediation or other steps needed to allow for public target ranges on federal lands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Transparency and Ethics Enhancement Act of 2006''. SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH. (a) Creation and Duties.--Part III of title 28, United States Code, is amended by adding at the end the following: ``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH ``1021. Establishment. ``1022. Appointment of Inspector General. ``1023. Duties. ``1024. Powers. ``1025. Reports. ``1026. Whistleblower protection. ``Sec. 1021. Establishment ``There is established for the judicial branch of the Government the Office of Inspector General for the Judicial Branch (hereinafter in this chapter referred to as the `Office'). ``Sec. 1022. Appointment of Inspector General ``The head of the Office shall be the Inspector General, who shall be appointed by the Chief Justice of the United States after consultation with the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives. ``Sec. 1023. Duties ``With respect to the Judicial Branch, other than the United States Supreme Court, the Office shall-- ``(1) conduct investigations of matters pertaining to the Judicial Branch, including possible misconduct in office of judges and proceedings under chapter 16 of this title, that may require oversight or other action within the Judicial Branch or by Congress; ``(2) conduct and supervise audits and investigations; ``(3) prevent and detect waste, fraud, and abuse; and ``(4) recommend changes in laws or regulations governing the Judicial Branch. ``Sec. 1024. Powers ``In carrying out the duties of the Office, the Inspector General shall have the power-- ``(1) to make investigations and reports; ``(2) to obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission; ``(3) to require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence memoranda, papers, and documents, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; ``(4) to administer to or take from any person an oath, affirmation, or affidavit; ``(5) to employ such officers and employees, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; ``(6) to obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-18 of the General Schedule by section 5332 of title 5, United States Code; and ``(7) to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the duties of the Office. ``Sec. 1025. Reports ``(a) When to Be Made.--The Inspector General shall-- ``(1) make an annual report to the Chief Justice and to Congress relating to the activities of the Office; and ``(2) make prompt reports to the Chief Justice and to Congress on matters that may require action by them. ``(b) Sensitive Matter.--If a report contains sensitive matter, the Inspector General may so indicate and Congress may receive that report in closed session. ``(c) Duty to Inform Attorney General.--In carrying out the duties of the Office, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. ``Sec. 1026. Whistleblower protection ``(a) In General.--No officer, employee, agent, contractor or subcontractor in the Judicial Branch may discharge, demote, threaten, suspend, harass or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge or any other employee in the Judicial Branch, which may assist the Inspector General in the performance of duties under this chapter. ``(b) Civil Action.--An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.''. (b) Clerical Amendment.--The table of chapters for part III of title 28, United States Code, is amended by adding at the end the following new item: ``60. Inspector General for the Judicial Branch.''.", "summary": "Judicial Transparency and Ethics Enhancement Act of 2006 - Amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch of the U.S. government, to be headed by an Inspector General appointed by the Chief Justice. Requires the Office to: (1) investigate matters pertaining to the Judicial Branch (other than the Supreme Court), including possible misconduct in office of justices and judges; (2) conduct and supervise audits and investigations; and (3) prevent and detect waste, fraud, and abuse. Provides for whistleblower protection."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cormorant Management and Natural Resources Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The current permitting system is not sufficient to achieve a streamlined control of excessive cormorant populations. (2) Excessive cormorant populations cause damage to ecosystems. (3) Excessive cormorant populations pose public health and safety concerns. (4) Excessive cormorant populations pose an unsightly, loud, and olfactory nuisance. (5) Excessive cormorant populations can have a detrimental effect on fish populations. (6) Excessive cormorant populations displace native species from their habitats. (7) Cormorant excrement in colonies often kills vegetation. SEC. 3. DELEGATION TO STATES OF AUTHORITY UNDER MIGRATORY BIRD TREATY ACT WITH RESPECT TO CORMORANTS. (a) Delegation of Authority.--Section 7 of the Migratory Bird Treaty Act (16 U.S.C. 708) is amended-- (1) by inserting ``(a) Preservation of State Authority.--'' before the first sentence; and (2) by adding at the end the following: ``(b) Delegation to States of Authority With Respect to Cormorants.-- ``(1) In general.--The authority of the Secretary under this Act with respect to cormorants in a State is hereby delegated to the governor of the State effective on the date on which the Secretary approves a management plan for cormorants in the State that is submitted by the governor. ``(2) Approval or disapproval of management plan.-- ``(A) In general.--The Secretary shall approve or disapprove a management plan submitted under this subsection by not later than the end of the 60-day period beginning on the date the plan is submitted. ``(B) Requirement to approve.--The Secretary shall approve a management plan submitted under this subsection if the plan is in accordance with United States obligations under treaties and Federal law. ``(C) Disapproval of plan.--If the Secretary disapproves a management plan under this subsection the Secretary shall provide to the governor who submitted the plan the reasons for the disapproval and an opportunity to revise and resubmit the plan. ``(D) Plan deemed approved.--Except as provided in subparagraph (E), if the Secretary does not approve or disapprove a management plan before the end of the period referred to in paragraph (1) the Secretary is deemed to have approved the plan. ``(E) Limitation on approval.--A management plan shall not be approved under this paragraph if the plan is found to be in violation of United States obligations under treaties and Federal law. ``(F) Review of approved plans.--The Secretary-- ``(i) shall review every 5 years each management plan approved for a State under this subsection and the State governor's exercise of authority delegated under this subsection; and ``(ii) may revoke such approval and delegation if, based on such review, the Secretary determines that the plan or the governor's exercise of authority delegated under this subsection is not in accordance with this Act or any treaty implemented by this Act. ``(3) Relationship between approved plan and regulations.-- A management plan that is approved for a State under this subsection shall apply in that State with respect to management of cormorants, in lieu of regulations issued under this Act. ``(4) Compliance with treaties and federal law.--In exercising authority delegated under this subsection the governor of a State shall comply with this Act and all treaties implemented by this Act. ``(5) Relationship to other authority.--Nothing in this subsection limits the authority of the Secretary or any Federal agency to exercise authority under any Federal law to assist a State, upon request by the governor of the State, with control of cormorants. ``(6) Cormorant defined.--In this subsection the term `cormorant' means the double-crested cormorant (Phalacrocorax auritus).''. (b) Cooperation To Prevent Cormorant Proliferation.-- (1) Department of interior cooperation.--The Secretary of the Interior, acting in consultation with the National Aquaculture Information Center and the Animal and Plant Health Inspection Service, shall conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in aquaculture facilities, which contributes to the proliferation of cormorants. (2) Other efforts.--Nothing in this subsection restricts the authority of other Federal or State wildlife or natural resource management agencies to cooperate with the owners and operators of aquaculture facilities regarding the management and control of cormorants to prevent their proliferation. (3) Cormorant defined.--In this subsection, the term ``cormorant'' means the double-crested cormorant (Phalacrocorax auritus).", "summary": "Cormorant Management and Natural Resources Protection Act - Amends the Migratory Bird Treaty Act to delegate the authority of the Secretary of the Interior under such Act with respect to double-crested cormorants (Phalacrocorax auritus) to a state on the date the Secretary approves a cormorant management plan submitted by such state. Requires the Secretary to: (1) approve or disapprove a management plan within 60 days of the plan's submission, (2) approve such plan if it is in accordance with U.S. obligations under treaties and federal law, (3) provide to the relevant governor the reasons for disapproving a plan and an opportunity to revise and resubmit the plan, (4) review each approved state management plan every five years, and (5) revoke such approval and delegation if the plan or the governor's exercise of delegated authority is not in accordance with such Act or any treaty implemented by such Act. Deems a management plan approved if the Secretary doesn't approve or disapprove it within 60 days after submission. Applies an approved management plan in lieu of regulations issued under such Act. Requires the Secretary to conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in such facilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Relief for Victims of Disasters Act of 2011''. SEC. 2. SPECIAL RULE FOR DETERMINING EARNED INCOME MADE APPLICABLE GENERALLY TO FEDERALLY DECLARED DISASTERS. (a) In General.--Section 1400S(d)(2)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and any'' and inserting ``any'', and (2) by inserting before the period at the end ``, and any qualified federally declared disaster individual''. (b) Qualified Federally Declared Disaster Individual.--Section 1400S(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(E) Qualified federally declared disaster individual.--The term `qualified federally declared disaster individual' means with respect to a federally declared disaster occurring after December 31, 2010, and before January 1, 2013, any individual-- ``(i) whose principal place of abode on the applicable date was located in the disaster area and such individual was displaced from such principal place of abode by reason of the federally declared disaster, or ``(ii) who performed substantially all employment services in the disaster area and was so employed on the applicable date. For purposes of the preceding sentence and paragraph (3)(D), the terms `federally declared disaster' and `disaster area' have the meanings given such terms in section 165(h)(3).''. (c) Applicable Date.--Section 1400S(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting after subparagraph (C) the following: ``(D) in the case of a qualified federally declared disaster individual, the date of the federally declared disaster.''. (d) Effective Date.--The amendments made by this section shall apply with respect to federally declared disasters occurring after December 31, 2010. SEC. 3. LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED DISASTERS. (a) In General.--Section 1400S(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and (2)(A)'' in the matter preceding paragraph (1) and inserting ``, (2)(A), and (3)'', (2) by striking ``or'' at the end of paragraph (2), (3) by striking the period at the end of paragraph (3) and inserting ``, or'', and (4) by inserting after paragraph (3) the following new paragraph: ``(4) which arise in the disaster area (as defined in section 165(h)(3)(C)(ii)) and which are attributable to a federally declared disaster (as defined in section 165(h)(3)(C)(i)) occurring after December 31, 2010, and before January 1, 2013.''. (b) Effective Date.--The amendments made by this section shall apply with respect to federally declared disasters occurring after December 31, 2010. SEC. 4. ADDITIONAL EXEMPTION FOR HOUSING QUALIFIED FEDERALLY DECLARED DISASTER DISPLACED INDIVIDUALS. (a) In General.--In the case of taxable years of a natural person beginning in 2011 or 2012, for purposes of the Internal Revenue Code of 1986, taxable income shall be reduced by $500 for each qualified federally declared disaster displaced individual of the taxpayer for the taxable year. (b) Limitations.-- (1) Dollar limitation.--The reduction under subsection (a) shall not exceed $2,000, reduced by the amount of the reduction under this section for all prior taxable years. (2) Individuals taken into account only once.--An individual shall not be taken into account under subsection (a) if such individual was taken into account under such subsection by the taxpayer for any prior taxable year. (3) Identifying information required.--An individual shall not be taken into account under subsection (a) for a taxable year unless the taxpayer identification number of such individual is included on the return of the taxpayer for such taxable year. (c) Qualified Federally Declared Disaster Displaced Individual.-- For purposes of this section, the term ``qualified federally declared disaster displaced individual'' means, with respect to any taxpayer for any taxable year, any qualified federally declared disaster individual (as defined in section 1400S(d)(2)(E)(i)) if such individual is provided housing free of charge by the taxpayer in the principal residence of the taxpayer for a period of 60 consecutive days which ends in such taxable year. Such term shall not include the spouse or any dependent of the taxpayer. (d) Compensation for Housing.--No deduction shall be allowed under this section if the taxpayer receives any rent or other amount (from any source) in connection with the providing of such housing.", "summary": "Tax Relief for Victims of Disasters Act of 2011 - Amends the Internal Revenue Code to extend disaster-related tax provisions relating to the child tax credit and the earned income tax credit, losses, and the individual tax exemption to a qualified federally declared disaster individual (defined to mean, with respect to a federally declared disaster after December 31, 2010, and before January 1, 2013, any individual whose principal place of abode was located in the disaster area, who was displaced by the disaster, and who was performing employment services in the disaster area)."}
{"article": "SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHARTER. The Association of American State Geologists, a nonprofit corporation organized under the laws of the State of Delaware, is recognized and granted a Federal charter. SEC. 2. POWERS. The Association of American State Geologists (in this Act referred to as the ``association'') shall have only those powers granted to it through its constitution, bylaws and article of incorporation filed in the State of Delaware and subject to the laws of the State of Delaware. SEC. 3. PURPOSES. The purposes of the association are those provided in its constitution, bylaws and article of incorporation and shall include the following: (1) To promote, advance and protect the common good, welfare and security of the Nation through the application of geology and related earth sciences to-- (A) foster wise and responsible stewardship of the Nation's natural resources; (B) foster the creation of national wealth, general prosperity and a high quality of life in the United States; (C) foster appropriate and sustainable economic development; (D) foster prudent exploration, development, utilization, management and conservation of the Nation's land, seas and seabeds including energy, mineral, water, environmental and ecological resources; (E) avoid, reduce and mitigate hazards related to geology, earthquakes, volcanoes, landslides and other natural hazards through public awareness and coordination with appropriate local, State, regional and Federal agencies; and (F) educate the general public concerning the critical importance of geology to society, civilization, culture, economy and national security. (2) To advance the science and practical application of geology and related earth sciences in the United States and its possessions. (3) To improve the effectiveness of State geological surveys through the interchange of ideas pertaining to their administrative organization, programs, and applications to economic changes and other geologically related issues. (4) To improve methods of assembling and disseminating data and information to mining, energy, agriculture, utility, construction, insurance and banking industries; educational institutions; civic and professional organizations; legislators; governmental agencies; and the public. (5) To effectively coordinate activities with Federal and State agencies working in related fields. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the association shall comply with the law of the State of Delaware and those States in which it carries on its activities in furtherance of the purposes of the association. SEC. 5. MEMBERSHIP. Except as provided in section (8)(g), eligibility for membership in the association and the rights and privileges of members shall be as provided in the constitution, bylaws and articles of incorporation of the association. SEC. 6. BOARD OF DIRECTORS. Except as provided in section 8(g), the composition of the board of directors of the association and the responsibilities of the board shall be as provided in the constitution, bylaws and articles of incorporation of the association. SEC. 7. OFFICERS. Except as provided in section 8(g), the positions of officers of the association and the election of members to such positions shall be as provided in the constitution, bylaws and articles of incorporation of the association. SEC. 8. RESTRICTIONS. (a) Income and Compensation.--No part of the income or assets of the association may insure to the benefit of any member, officer, or director of the association or be distributed to any such individual during the life of this charter. Nothing in this subsection may be construed to prevent the payment of reasonable compensation to the officers and employees of the association or reimbursement for actual and necessary expenses in amounts approved by the board of directors. (b) Loans.--The association may not make any loan to any member, officer, director or employee of the association. (c) Issuance of Stock and Payment of Dividends.--The association may not issue any shares of stock or declare or pay any dividends. (d) Disclaimer of Congressional or Federal Approval.--The association may not claim the approval of Congress or the authorization of the Federal Government for any of its activities by virtue of this Act. (e) Association Status.--The association shall maintain its status as an entity organized and incorporated under the laws of the State of Delaware. (f) Association Function.--The association shall function as an educational, patriotic, civic, historical and research organization under the laws of the State of Delaware. (g) Nondiscrimination.--In establishing the conditions of membership in the association and in determining the requirements for serving on the board of directors or as an officer of the association, the association may not discriminate on the basis of race, color, religion, sex, disability, age or national origin. SEC. 9. LIABILITY. The association shall be liable for the acts of its officers, directors, employees and agents whenever such individuals act within the scope of their authority. SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. (a) Books and Records of Account.--The association shall keep correct and complete books and records of account and minutes of any proceeding of the association involving any of its members, the board of directors, or any committee having authority under the board of directors. (b) Names and Addresses of Members.--The association shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the association. (c) Right To Inspect Books and Records.--All books and records of the association may be inspected by any member having the right to vote in any proceeding of the association, or by any agent or attorney of such member, for any proper purpose at any reasonable time. (d) Application of State Law.--This section may not be construed to contravene any applicable State law. SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end the following: ``(80) Association of American State Geologists.''. SEC. 12. ANNUAL REPORT. The association shall annually submit to Congress a report concerning the activities of the association during the preceding fiscal year. The annual report shall be submitted on the same date as the report of the audit required by reason of the amendment made in section 11. The annual report shall not be printed as a public document. SEC. 13. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to Congress. SEC. 14. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER. If the association fails to maintain its status as an entity exempt from taxation as provided in the Internal Revenue Code of 1986 the charter granted in this Act shall terminate. SEC. 15. TERMINATION. The charter granted in this Act shall expire if the association fails to comply with any of the provisions of this Act. SEC. 16. DEFINITION OF STATE. For the purposes of this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands and the territories and possessions of the United States.", "summary": "Grants a Federal charter to the Association of American State Geologists (a nonprofit corporation organized under the laws of Delaware)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospice Evaluation and Legitimate Payment Act of 2013''. SEC. 2. ENSURING TIMELY ACCESS TO HOSPICE CARE. (a) In General.--Section 1814(a)(7)(D)(i) of the Social Security Act (42 U.S.C. 1395f(a)(7)(D)(i)) is amended to read as follows: ``(i) a hospice physician, nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in section 1861(aa)(5)), or other health professional (as designated by the Secretary), has a face-to-face encounter with the individual to determine continued eligibility of the individual for hospice care prior to the first 60-day period and each subsequent recertification under subparagraph (A)(ii) (or, in the case where a hospice program newly admits an individual who would be entering their first 60-day period or a subsequent hospice benefit period or where exceptional circumstances, as defined by the Secretary, may prevent a face-to-face encounter prior to the beginning of the hospice benefit period, not later than 7 calendar days after the individual's election under section 1812(d)(1) with respect to the hospice program) and attests that such visit took place (in accordance with procedures established by the Secretary); and''. (b) Effective Date.--The amendment made by subsection (a) takes effect on January 1, 2014, and applies to hospice care furnished on or after such date. SEC. 3. RESTORING AND PROTECTING THE MEDICARE HOSPICE BENEFIT. (a) In General.--Section 1814(i) of the Social Security Act (42 U.S.C. 1395f(i)) is amended-- (1) in paragraph (6)-- (A) in subparagraph (D)-- (i) in clause (i)-- (I) in the first sentence, by striking ``not earlier than October 1, 2013, the Secretary shall, by regulation,'' and inserting ``subject to clause (iii), not earlier than the later of 2 years after the demonstration program under subparagraph (F) is completed or October 1, 2017, the Secretary shall, by regulation, preceded by a notice of the proposed regulation in the Federal Register and a period for public comment in accordance with section 1871(b)(1),''; and (II) in the second sentence, by inserting `` and shall take into account the results of the evaluation conducted under subparagraph (F)(ii)'' before the period; and (ii) by adding at the end the following new clause: ``(iii) The Secretary shall implement the revisions in payment pursuant to clause (i) unless the Secretary determines that the demonstration program under subparagraph (F) demonstrated that such revisions would adversely affect access to quality hospice care by beneficiaries under this title.''; and (B) by adding at the end the following new subparagraph: ``(F) Hospice payment reform demonstration program.-- ``(i) Establishment of demonstration program.-- ``(I) In general.--Before implementing any revisions to the methodology for determining the payment rates for routine home care and other services included in hospice care under subparagraph (D), the Secretary shall establish a Medicare Hospice Payment Reform demonstration program (in this subparagraph referred to as the `demonstration program') to test such proposed revisions. ``(II) Duration.--The demonstration program shall be conducted for a 2-year period beginning on or after October 1, 2013. ``(III) Scope.--Any certified hospice program may apply to participate in the demonstration program and the Secretary shall select not more than 15 such hospice programs to participate in the demonstration program. ``(IV) Representative participation.-- Hospice programs selected under subclause (III) to participate in the demonstration program shall include a representative cross-section of hospice programs throughout the United States, including programs located in urban and rural areas. ``(ii) Evaluation and report.-- ``(I) Evaluation.--The Secretary shall conduct an evaluation of the demonstration program. Such evaluation shall include an analysis of whether the use of the revised payment methodology under the demonstration program has improved the quality of patient care and access to hospice care for beneficiaries under this title and the impact of such payment revisions on hospice care providers, including the impact, if any, on the ability of hospice programs to furnish quality care to beneficiaries under this title. ``(II) Report.--Not later than 2 years after the completion of the demonstration program, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under subclause (I), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. ``(iii) Budget neutrality.--With respect to the 2- year period of the demonstration program, the Secretary shall ensure that revisions in payment implemented as part of the demonstration program shall result in the same estimated amount of aggregate payments under this title for hospice care for the programs participating in the demonstration as would have been made if the hospice programs had not participated in the demonstration program.''. SEC. 4. HOSPICE SURVEY REQUIREMENT. Section 1861(dd)(4) of the Social Security Act (42 U.S.C. 1395x(dd)(4)) is amended by adding at the end the following new subparagraph: ``(C) Any entity that is certified as a hospice program shall be subject to a standard survey by an appropriate State or local survey agency, or an approved accreditation agency, as determined by the Secretary, not less frequently than once every 36 months beginning 6 months after the date of the enactment of this subparagraph.''.", "summary": "Hospice Evaluation and Legitimate Payment Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act with respect to the face-to-face encounter framework in hospice care. Allows a clinical nurse specialist, physician assistant, or other health professional (in addition to a hospice physician or a nurse practitioner, as under current law) to conduct the face-to-face encounter with the individual to determine continued eligibility for hospice care before the first 60-day (currently 180-day) recertification period and each subsequent recertification. Directs the Secretary of Health and Human Services (HHS) to establish a Medicare Hospital Payment Reform demonstration program to test any revisions to the methodology for determining payment rates for routine home care and other hospice care services. Sets at every three years the frequency of surveys of certified hospice programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Neurological Diseases Surveillance System Act of 2010''. SEC. 2. NATIONAL NEUROLOGICAL DISEASES SURVEILLANCE SYSTEM. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-5 SURVEILLANCE OF NEUROLOGICAL DISEASES. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) enhance and expand infrastructure and activities to track the epidemiology of neurological diseases, including multiple sclerosis and Parkinson's disease; and ``(2) incorporate information obtained through such activities into a statistically-sound, scientifically-credible, integrated surveillance system, to be known as the National Neurological Diseases Surveillance System. ``(b) Research.--The Secretary shall ensure that the National Neurological Diseases Surveillance System is designed in a manner that facilitates further research on neurological diseases. ``(c) Content.--In carrying out subsection (a), the Secretary-- ``(1) shall provide for the collection and storage of information on the incidence and prevalence of neurological diseases in the United States; ``(2) to the extent practicable, shall provide for the collection and storage of other available information on neurological diseases, such as information concerning-- ``(A) demographics and other information associated or possibly associated with neurological diseases, such as age, race, ethnicity, sex, geographic location, and family history; ``(B) risk factors associated or possibly associated with neurological diseases, including genetic and environmental risk factors; and ``(C) diagnosis and progression markers; ``(3) may provide for the collection and storage of information relevant to analysis on neurological diseases, such as information concerning-- ``(A) the epidemiology of the diseases; ``(B) the natural history of the diseases; ``(C) the prevention of the diseases; ``(D) the detection, management, and treatment approaches for the diseases; and ``(E) the development of outcomes measures; and ``(4) may address issues identified during the consultation process under subsection (d). ``(d) Consultation.--In carrying out this section, the Secretary shall consult with individuals with appropriate expertise, including-- ``(1) epidemiologists with experience in disease surveillance or registries; ``(2) representatives of national voluntary health associations that-- ``(A) focus on neurological diseases, including multiple sclerosis and Parkinson's disease; and ``(B) have demonstrated experience in research, care, or patient services; ``(3) health information technology experts or other information management specialists; ``(4) clinicians with expertise in neurological diseases; and ``(5) research scientists with experience conducting translational research or utilizing surveillance systems for scientific research purposes. ``(e) Grants.--The Secretary may award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this section. ``(f) Coordination With Other Federal Agencies.--Subject to subsection (h), the Secretary shall make information and analysis in the National Neurological Diseases Surveillance System available, as appropriate, to Federal departments and agencies, such as the National Institutes of Health, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Department of Veterans Affairs, and the Department of Defense. ``(g) Public Access.--Subject to subsection (h), the Secretary shall make information and analysis in the National Neurological Diseases Surveillance System available, as appropriate, to the public, including researchers. ``(h) Privacy.--The Secretary shall ensure that privacy and security protections applicable to the National Neurological Diseases Surveillance System are at least as stringent as the privacy and security protections under HIPAA privacy and security law (as defined in section 3009(a)(2)). ``(i) Report.--Not later than 4 years after the date of the enactment of this section, the Secretary shall submit a report to the Congress concerning the implementation of this section. Such report shall include information on-- ``(1) the development and maintenance of the National Neurological Diseases Surveillance System; ``(2) the type of information collected and stored in the System; ``(3) the use and availability of such information, including guidelines for such use; and ``(4) the use and coordination of databases that collect or maintain information on neurological diseases. ``(j) Definition.--In this section, the term `national voluntary health association' means a national nonprofit organization with chapters, other affiliated organizations, or networks in States throughout the United States. ``(k) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2012 through 2016.''. Passed the House of Representatives September 28, 2010. Attest: LORRAINE C. MILLER, Clerk.", "summary": "National Neurological Diseases Surveillance System Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) enhance and expand infrastructure and activities to track the epidemiology of neurological diseases, including multiple sclerosis and Parkinson's disease; and (2) incorporate information obtained through such activities into a National Neurological Diseases Surveillance System. Requires the Secretary to ensure that the System is designed in a manner that facilitates further research on neurological diseases. Requires the Secretary to provide for the collection and storage of information on the incidence and prevalence of neurological diseases in the United States and other information on neurological diseases, such as demographics information, risk factors, or diagnosis and progression markers. Authorizes the Secretary to: (1) provide for the collection and storage of information relevant to analysis on neurological diseases, such as information concerning the epidemiology, natural history, prevention, detection, management, and treatment of the diseases and the development of outcomes measures; and (2) address issues identified through consultations with individuals with appropriate expertise. Authorizes the Secretary to award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this Act. Requires the Secretary to: (1) make information and analysis in the System available to federal agencies and to the public, including researchers; and (2) ensure that privacy and security protections applicable to the System are at least as stringent as the health privacy and security protections under current federal law. Sets forth reporting requirements. Authorizes appropriations for FY2012-FY2016."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Medicare Advantage for all Medicare Beneficiaries Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In the IMPACT Act of 2014 (Public Law 113-185), Congress recognized the potential effects of socioeconomic status and dual eligible populations on the Medicare Advantage STARS rating system by requesting the Assistant Secretary of Planning and Evaluation in the Department of Health and Human Services undertake studies on this population and the Medicare program. (2) Studies published in the past year have shown the need for an interim policy until the comprehensive results of the studies undertaken as part of the IMPACT Act of 2014 are published. An adjustment for 2016 is necessary while Congress continues to work to achieve an appropriate policy for a temporary bridge until the results from the studies undertaken by the Assistant Secretary of Planning and Evaluation in the Department of Health and Human Services under such Act are finalized. SEC. 3. DELAY IN AUTHORITY TO TERMINATE CONTRACTS FOR CERTAIN MEDICARE ADVANTAGE PLANS FAILING TO ACHIEVE MINIMUM QUALITY RATINGS. Section 1857(h) of the Social Security Act (42 U.S.C. 1395w-27(h)) is amended by adding at the end the following new paragraph: ``(3) Delay in contract termination authority for certain plans failing to achieve minimum quality rating.-- ``(A) In general.--Subject to subparagraph (B), the Secretary may not terminate a contract under this section with respect to the offering of an MA plan by a Medicare Advantage organization solely because the MA plan has failed to achieve a minimum quality rating under the 5-star rating system established under section 1853(o) during the period beginning on the date of the enactment of this paragraph and through the end of plan year 2018. ``(B) Application only to plans receiving a quality rating of at least 2 stars.--Subparagraph (A) shall only apply with respect to a contract with respect to the offering of an MA plan that has a quality rating under section 1853(o)(4) of at least 2 stars for the most recent plan year.''. SEC. 4. DEMONSTRATION PROJECT TO DIRECT QUALITY IMPROVEMENT PROGRAMS TO ADDRESS SOCIOECONOMIC STATUS DISPARITIES IN MEDICARE ADVANTAGE PLANS. (a) Establishment.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a demonstration project under this section to provide funds to MA organizations offering one or more qualified MA plans for use in developing or expanding programs or services with respect to such plans that seek to improve health care delivery and outcomes of care for enrollees with low socioeconomic status. (2) Duration.--The demonstration project under this section shall be conducted for a period of 1 year beginning in plan year 2016. (b) Definitions.--In this section: (1) MA organization; ma plan.--The terms ``MA organization'' and ``MA plan'' have the meaning given such terms in subsections (a)(1) and (b)(1), respectively, of section 1859 of the Social Security Act (42 U.S.C. 1395w-28). (2) Qualified ma plan.-- (A) The term ``qualified MA plan'' means an MA plan described in subparagraph (B) or (C). (B) An MA plan is described in this subparagraph if the MA plan meets each of the following criteria: (i) The plan has a quality rating under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-23(o)(4)) of at least 3.25 stars but not more than 4 stars for the most recent plan year. (ii) Not less than 45 percent of enrollees in the plan are one or both of the following: (I) Eligible for a low income subsidy under section 1860D-14 of such Act (42 U.S.C. 1395w-114). (II) Dually eligible for benefits under the Medicare program under title XVIII of such Act (42 U.S.C. 1395 et seq.) and the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.). (C) An MA plan is described in this subparagraph if the MA plan meets each of the following criteria: (i) The plan has a quality rating under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-23(o)(4)) of at least 3.0 stars but not more than 4 stars for the most recent plan year. (ii) Not less than 60 percent of enrollees in the plan are one or both of the following: (I) Eligible for a low income subsidy under section 1860D-14 of such Act (42 U.S.C. 1395w-114). (II) Dually eligible for benefits under the Medicare program under title XVIII of such Act (42 U.S.C. 1395 et seq.) and the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.). (c) Use of Funds.-- (1) In general.--Subject to paragraph (2), funds received under the demonstration project by an MA organization with respect to a qualified MA plan shall be used under the Quality Improvement Program of the organization under section 1852(e) of the Social Security Act (42 U.S.C. 1395w-22(e)) to target improvement by the qualified MA plan with respect to two or more triple-weighted measures under the 5-star rating system under section 1853(o)(4) of such Act (42 U.S.C. 1395w- 23(o)(4)). (2) Focus on outcome measure.-- (A) In general.--Except as provided in subparagraph (B), at least one of the measures targeted under paragraph (1) shall be an outcome measure. (B) Exception.--An MA organization may apply to the Secretary for an exception to subparagraph (A) in order to focus on only process measures under this subsection. (d) Inclusion in Annual Quality Improvement Program Report.--An MA organization receiving funds under the demonstration project shall include, as part of the annual report to the Secretary on the Quality Improvement Program of the organization under such section 1852(e) for each year of the demonstration project, with respect to each qualified MA plan offered by the organization, the results of the targeting of plan improvement on measures under subsection (c) during the preceding year. (e) Funding.-- (1) In general.--For purposes of carrying out the demonstration project under this section, subject to paragraph (2), the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in such proportion as the Secretary determines appropriate, of an amount equal to the amount the Secretary determines is equal to the estimated total savings to the Medicare program as a result of the implementation of the amendment made by section 2 to the Centers for Medicare & Medicaid Services Program Management Account. (2) Administration.--The Secretary may retain up to 10 percent of the funds transferred under paragraph (1) to administer the demonstration project under this section and the remainder of such funds shall be distributed in accordance with this section to MA organizations offering qualified MA plans based on the enrollment in such plans of individuals described in each of subclauses (I) and (II) of subsections (b)(2)(B)(ii) and (b)(2)(C)(ii). (3) Availability.--Amounts transferred under paragraph (1) shall remain available until expended.", "summary": "Preserving Medicare Advantage for all Medicare Beneficiaries Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to: (1) temporarily prohibit the Centers for Medicare & Medicaid from terminating a Medicare Advantage (MA) plan contract solely because the MA plan fails to achieve a certain minimum quality rating, provided that the MA plan achieves a quality rating of at least two out of five stars; and (2) establish a demonstration project to provide funds to MA organizations for the development or expansion of programs or services to improve health care delivery and outcomes for enrollees of low socioeconomic status. To qualify for demonstration project funding, an MA plan must meet specified requirements with respect to quality ratings and the percentage of plan enrollees either eligible for a low-income subsidy or dually eligible for Medicare and Medicaid. MA organizations receiving funds under the demonstration project must use those funds to target improvement by the MA plan with respect to certain quality rating measures."}
{"article": "5 of the 101st Congress, agreed to on February 22, 1989 (103 Stat. 2533). ``(f) Display To Be in a Manner Visible to the Public.--Display of the POW/MIA flag pursuant to this section shall be in a manner designed to ensure visibility to the public. ``(g) Limitation.--This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the POW/MIA flag.''. (2) In section 2102(b), strike ``designated personnel'' and substitute ``personnel made available to the Commission''. (3) In section 2501(2), insert ``solicit,'' before ``accept,''. (4)(A) Insert after chapter 201 the following: ``CHAPTER 202--AIR FORCE SERGEANTS ASSOCIATION ``Sec. ``20201. Definition. ``20202. Organization. ``20203. Purposes. ``20204. Membership. ``20205. Governing body. ``20206. Powers. ``20207. Restrictions. ``20208. Duty to maintain corporate and tax-exempt status. ``20209. Records and inspection. ``20210. Service of process. ``20211. Liability for acts of officers and agents. ``20212. Annual report. ``Sec. 20201. Definition ``For purposes of this chapter, `State' includes the District of Columbia and the territories and possessions of the United States. ``Sec. 20202. Organization ``(a) Federal Charter.--Air Force Sergeants Association (in this chapter, the `corporation'), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. ``Sec. 20203. Purposes ``(a) General.--The purposes of the corporation are as provided in its bylaws and articles of incorporation and include-- ``(1) helping to maintain a highly dedicated and professional corps of enlisted personnel within the United States Air Force, including the United States Air Force Reserve, and the Air National Guard; ``(2) supporting fair and equitable legislation and Department of the Air Force policies and influencing by lawful means departmental plans, programs, policies, and legislative proposals that affect enlisted personnel of the Regular Air Force, the Air Force Reserve, and the Air National Guard, its retirees, and other veterans of enlisted service in the Air Force; ``(3) actively publicizing the roles of enlisted personnel in the United States Air Force; ``(4) participating in civil and military activities, youth programs, and fundraising campaigns that benefit the United States Air Force; ``(5) providing for the mutual welfare of members of the corporation and their families; ``(6) assisting in recruiting for the United States Air Force; ``(7) assembling together for social activities; ``(8) maintaining an adequate Air Force for our beloved country; ``(9) fostering among the members of the corporation a devotion to fellow airmen; and ``(10) serving the United States and the United States Air Force loyally, and doing all else necessary to uphold and defend the Constitution of the United States. ``(b) Corporate Function.--The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of the District of Columbia. ``Sec. 20204. Membership ``(a) Eligibility.--Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation. ``(b) Nondiscrimination.--The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. ``Sec. 20205. Governing body ``(a) Board of Directors.--The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation. ``(b) Officers.--The officers and the election of officers are as provided in the bylaws and articles of incorporation. ``(c) Nondiscrimination.--The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. ``Sec. 20206. Powers ``The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 20207. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make a loan to a director, officer, employee, or member. ``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``Sec. 20208. Duty to maintain corporate and tax-exempt status ``(a) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of the District of Columbia. ``(b) Tax-Exempt Status.--The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 20209. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote. ``(b) Inspection.--A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. ``Sec. 20210. Service of process ``The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. ``Sec. 20211. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 20212. Annual report ``The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.''. (B) In the table of chapters at the beginning of subtitle II, insert after the item related to chapter 201: ``202. AIR FORCE SERGEANTS ASSOCIATION........................ 20201''. (5)(A) Insert after chapter 209 the following: ``CHAPTER 210--AMERICAN GI FORUM OF THE UNITED STATES ``Sec. ``21001. Definition. ``21002. Organization. ``21003. Purposes. ``21004. Membership. ``21005. Governing body. ``21006. Powers. ``21007. Restrictions. ``21008. Duty to maintain corporate and tax-exempt status. ``21009. Records and inspection. ``21010. Service of process. ``21011. Liability for acts of officers and agents. ``21012. Annual report. ``Sec. 21001. Definition ``For purposes of this chapter, `State' includes the District of Columbia and the territories and possessions of the United States. ``Sec. 21002. Organization ``(a) Federal Charter.--American GI Forum of the United States (in this chapter, the `corporation'), a nonprofit corporation incorporated in Texas, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. ``Sec. 21003. Purposes ``(a) General.--The purposes of the corporation are as provided in its bylaws and articles of incorporation and include-- ``(1) securing the blessing of American democracy at every level of local, State, and national life for all United States citizens; ``(2) upholding and defending the Constitution and the United States flag; ``(3) fostering and perpetuating the principles of American democracy based on religious and political freedom for the individual and equal opportunity for all; ``(4) fostering and enlarging equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin; ``(5) encouraging greater participation of the ethnic minority represented by the corporation in the policy-making and administrative activities of all departments, agencies, and other governmental units of local and State governments and the United States Government; ``(6) combating all practices of a prejudicial or discriminatory nature in local, State, or national life which curtail, hinder, or deny to any United States citizen an equal opportunity to develop full potential as an individual; and ``(7) fostering and promoting the broader knowledge and appreciation by all United States citizens of their cultural heritage and language. ``(b) Corporate Function.--The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of Texas. ``Sec. 21004. Membership ``(a) Eligibility.--Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation. ``(b) Nondiscrimination.--The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. ``Sec. 21005. Governing body ``(a) Board of Directors.--The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation. ``(b) Officers.--The officers and the election of officers are as provided in the bylaws and articles of incorporation. ``(c) Nondiscrimination.--The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. ``Sec. 21006. Powers ``The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 21007. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make a loan to a director, officer, employee, or member. ``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``Sec. 21008. Duty to maintain corporate and tax-exempt status ``(a) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of Texas. ``(b) Tax-Exempt Status.--The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 21009. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote. ``(b) Inspection.--A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. ``Sec. 21010. Service of process ``The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. ``Sec. 21011. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 21012. Annual report ``The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.''. (B) In the table of chapters at the beginning of subtitle II, insert after the item related to chapter 209: ``210. AMERICAN GI FORUM OF THE UNITED STATES................. 21001''. (6) In section 21703(1)(A)(iv), strike ``December 22, 1961'' and substitute ``February 28, 1961''. (7) In section 70103(b), strike ``the State of''. (8) In section 151303, subsections (f) and (g) are amended to read as follows: ``(f) Status.--Appointment to the board does not constitute appointment as an officer or employee of the United States Government for the purpose of any law of the United States. ``(g) Compensation.--Members of the board serve without compensation. ``(h) Liability.--Members of the board are not personally liable, except for gross negligence.''. (9) In section 151305(b), strike ``the State of''. (10) In section 152903(8), strike ``Corporation'' and substitute ``corporation''. SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS. (a) The provisos in the paragraph under the heading ``American Battle Monuments Commission'' in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 (Public Law 105-65, Oct. 27, 1997, 111 Stat. 1368, 36 App. U.S.C. 121b, 122, and 122a) are repealed. (b) Paragraph (3) of section 198(s) of the National and Community Service Act of 1990 (42 U.S.C. 12653(s)(3)) is repealed. (c) Effective August 12, 1998, Public Law 105-225 (Aug. 12, 1998, 112 Stat. 1253) is amended as follows: (1) Section 4(b) is amended by striking ``2320(d)'' and substituting ``2320(e)''. (2) Section 7(a), and the amendment made by section 7(a), are repealed. SEC. 3. EFFECTIVE DATE. The amendment made by section 1(8) of this Act shall take effect as if included in the provisions of Public Law 105-225, as of the date of enactment of Public Law 105-225. SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION. (a) No Substantive Change.--(1) Section 1 of this Act restates, without substantive change, laws enacted before September 5, 1998, that were replaced by section 1. Section 1 may not be construed as making a substantive change in the laws replaced. (2) Laws enacted after September 4, 1998, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. (b) References.--A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. (c) Continuing Effect.--An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. (d) Actions and Offenses Under Prior Law.--An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. (e) Inferences.--An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of a heading of the provision. (f) Severability.--If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications. SEC. 5. REPEALS. (a) Inferences of Repeal.--The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal. (b) Repealer Schedule.--The laws specified in the following schedule are repealed, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act: Schedule of Laws Repealed Statutes at Large ---------------------------------------------------------------------------------------------------------------- Statutes at Large U.S. Code Date Chapter or Public Section ----------------------------------------------------- Law Volume Page Title Section ---------------------------------------------------------------------------------------------------------------- 1997 Nov. 18 105-85.............. 1082, 1501-1516.... 111 1917, 1963......... 36 App. 189a, 1101, 5801-5815 Nov. 20 105-110............. ................... 111 2270............... 36 App. 45 1998 Aug. 7 105-220............. 413................ 112 1241............... 36 App. 155b Aug. 13 105-231............. 1-16............... 112 1530............... 36 App. 1101, 5901- 5915 ---------------------------------------------------------------------------------------------------------------- Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Amends title 36, United States Code to: (1) codify specified Federal laws related to Patriotic and National Observances, Ceremonies, and Organizations; and (2) make technical corrections to, or repeal, certain Federal laws."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``NSP Termination Act''. SEC. 2. RESCISSION OF $1 BILLION FUNDING FOR 3RD ROUND OF NEIGHBORHOOD STABILIZATION PROGRAM. (a) Recission.--Effective on the date of the enactment of this Act, there are rescinded and permanently canceled all unobligated balances remaining available as of such date of enactment of the amounts made available by section 1497(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2209; 42 U.S.C. 5301 note). All such unobligated balances so rescinded and permanently canceled should be retained in the General Fund of the Treasury for reducing the budget deficit of the Federal Government. (b) Identification of Amounts Subject to Possible Rescission.-- (1) In general.--The Secretary of Housing and Urban Development has allocated funding to the States, including city, county, and municipal governments, under the 3rd round of funding for the Neighborhood Stabilization Program, as set forth in paragraph (2). Amounts from the allocations set forth in paragraph (2) of this subsection will be subject to possible rescission and cancellation, to the extent provided in subsection (a). (2) Allocation.--The allocations set forth in this paragraph for the following States are the following amounts: (A) Alaska: $5,000,000. (B) Alabama: $7,576,151. (C) Arizona: $45,377,073. (D) Arkansas: $5,000,000. (E) California: $149,308,651. (F) Colorado: $17,349,270. (G) Connecticut: $9,322,756. (H) District of Columbia: $5,000,000. (I) Delaware: $5,000,000. (J) Florida: $208,437,144. (K) Georgia: $50,421,988. (L) Hawaii: $5,000,000. (M) Iowa: $5,000,000. (N) Idaho: $5,000,000. (O) Illinois: $30,143,105. (P) Indiana: $31,509,101. (Q) Kansas: $6,137,796. (R) Kentucky: $5,000,000. (S) Louisiana: $5,000,000. (T) Massachusetts: $7,387,994. (U) Maryland: $6,802,242. (V) Maine: $5,000,000. (W) Michigan: $57,524,473. (X) Minnesota: $12,427,113. (Y) Missouri: $13,110,604. (Z) Mississippi: $5,000,000. (AA) Montana: $5,000,000. (BB) North Carolina: $5,000,000. (CC) North Dakota: $5,000,000. (DD) Nebraska: $6,183,085. (EE) New Hampshire: $5,000,000. (FF) New Jersey: $11,641,549. (GG) New Mexico: $5,000,000. (HH) Nevada: $43,314,669. (II) New York: $19,834,940. (JJ) Ohio: $51,789,035. (KK) Oklahoma: $5,000,000. (LL) Oregon: $5,000,000. (MM) Pennsylvania: $5,000,000. (NN) Puerto Rico: $5,000,000. (OO) Rhode Island: $6,309,231. (PP) South Carolina: $5,615,020. (QQ) South Dakota: $5,000,000. (RR) Tennessee: $10,195,848. (SS) Texas: $18,038,242. (TT) Utah: $5,000,000. (UU) Virginia: $6,254,970. (VV) Vermont: $5,000,000; (WW) Washington: $5,000,000. (XX) Wisconsin: $7,687,949. (YY) West Virginia: $5,000,000. (ZZ) Wyoming: $5,000,000. SEC. 3. TERMINATION OF NEIGHBORHOOD STABILIZATION PROGRAM. (a) Repeal.--Sections 2301 through 2303 of the Housing and Economic Recovery Act of 2008 (Public Law 110-289; 122 Stat. 2850; 42 U.S.C. 5301 note) are hereby repealed. (b) Treatment of Remaining Funds.-- (1) Savings clause.--Notwithstanding the repeal under subsection (a), any amounts made available under the provisions specified in paragraph (2) of this subsection shall continue to be governed by any provisions of law applicable to such amounts as in effect immediately before such repeal. (2) Remaining funds.--The provisions specified in this paragraph are as follows: (A) Section 2301(a) of the Housing and Economic Recovery Act of 2008 (Public Law 110-289; 122 Stat. 2850; 42 U.S.C. 5301 note). (B) The second undesignated paragraph under the heading ``Department of Housing and Urban Development, Community Planning and Development, Community Development Fund'' in title XII of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 217). (c) Termination.--Upon the obligation of all amounts made available under the provisions specified in subsection (b)(2), and outlays to liquidate all such amounts, the Secretary of Housing and Urban Development shall terminate the Neighborhood Stabilization Program authorized under the provisions specified in subsections (a) and (b)(2). SEC. 4. PUBLICATION OF MEMBER AVAILABILITY FOR ASSISTANCE. Not later than 5 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall publish to its Website on the World Wide Web in a prominent location, large point font, and boldface type the following statement: ``The Neighborhood Stabilization Program (NSP) has been terminated. If you are concerned about the impact of foreclosed properties on your community, please contact your Member of Congress, State, county, and local officials for assistance in mitigating the impacts of foreclosed properties on your community.''. SEC. 5. GAO STUDY OF ECONOMIC IMPACTS OF ROUND 3 NSP FUNDING. The Comptroller General of the United States shall conduct a study to determine the economic impacts that providing assistance under the Neighborhood Stabilization Program, using the funding identified in section 2, would have on States and communities in the United States, if such funding were not rescinded and canceled under such section, but remained available and was used in accordance with the provisions of law applicable to such amounts as in effect immediately before the repeal under section 3(a). Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Comptroller General shall submit to the Congress a report setting forth the results and conclusions of the study under this section. SEC. 6. GAO STUDY OF ECONOMIC IMPACTS OF ROUNDS 1 AND 2 NSP FUNDING. The Comptroller General of the United States shall conduct a study to determine the economic impacts that providing assistance under the Neighborhood Stabilization Program has had on States and communities in the United States. The study shall identify such impacts resulting from the funding under the each of the provisions of law specified in subparagraphs (A) and (B) of section 3(b)(2). Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Comptroller General shall submit to the Congress a report setting forth the results and conclusions of the study under this section. Passed the House of Representatives March 16, 2011. Attest: KAREN L. HAAS, Clerk.", "summary": "NSP Termination Act - Rescinds and cancels permanently all unobligated balances remaining available, as of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, to the Secretary of Housing and Urban Development (HUD) for assistance to states and local governments for the redevelopment of abandoned and foreclosed homes and residential properties. (Thus, rescinds the third round of funding for the Neighborhood Stabilization Program [NSP].) Urges that all such rescinded and canceled amounts be retained in the Treasury General Fund for reducing the federal budget deficit. Subjects to possible rescission and permanent cancellation certain amounts allocated by the Secretary under the third round of funding for the NSP to specified states, including city, county, and municipal governments. Amends the Housing and Economic Recovery Act of 2008 to repeal emergency FY2008 appropriations for the Program. States that such appropriations, together with amounts made available for the Program in the HUD, Community Planning and Development, Community Development Fund under title XII of division A of the American Recovery and Reinvestment Act of 2009, shall continue to be governed by any provisions of law applicable to such amounts as in effect before the repeal. Requires the Secretary to terminate the Program upon the obligation of all such amounts and outlays to liquidate them. Requires the Secretary to publish on the HUD website a statement as to: (1) termination of the NSP; and (2) the availability of a Member of Congress and state, county, and local officials to provide assistance in mitigating the impacts of foreclosed properties on an individual's community. Requires the Comptroller General to study the economic impacts of: (1) round three NSP funding on states and communities that would occur if it were not rescinded and canceled but remained available, and (2) actual round one and round two NSP assistance on those states and communities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Millennium Challenge Compact Improvement Act (MCIA)''. SEC. 2. MILLENNIUM CHALLENGE COMPACT. (a) Duration of Compacts.--Section 609 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708) is amended-- (1) by striking subsection (j); and (2) by inserting after subsection (i) the following new subsection: ``(j) Duration of Compact.-- ``(1) In general.--Except as provided in subparagraph (2), the duration of a Compact shall not exceed 5 years. ``(2) Exception.--The duration of a Compact (including a regional Compact) may exceed 5 years if the Board-- ``(A) determines that the Compact includes a project that cannot be completed in 5 years or less; and ``(B) approves a duration for the Compact of not more than 10 years. ``(3) Advance notification.--Not later than 15 days before the Board approves a duration for a Compact that exceeds 5 years pursuant to subparagraph (2), the Board, acting through the Chief Executive Officer, shall submit to the appropriate congressional committees an advance notification of such approval, including a detailed explanation for the determination and approval.''. (b) Concurrent and Subsequent Compacts.--Section 609 of such Act (22 U.S.C. 7708) is amended-- (1) by striking subsection (k); and (2) by inserting after subsection (j) (as amended by subsection (a)) the following new subsection: ``(k) Concurrent and Subsequent Compacts.-- ``(1) In general.--Subject to the requirements of paragraph (2), and in accordance with the requirements of this title, an eligible country and the United States-- ``(A) may enter into and have in effect more than one Compact at any given time; and ``(B) may enter into subsequent Compacts after the expiration of existing Compacts. ``(2) Requirements.-- ``(A) Concurrent compacts.--An eligible country and the United States may enter into a concurrent Compact (including a regional Compact) only if the Board determines that the country is making considerable and demonstrable progress in implementing the terms of its existing Compact and supplementary agreements thereto. ``(B) Subsequent compacts.--An eligible country and the United States may enter into a subsequent Compact only if the Board determines that the country has substantially met the objectives of prior Compacts between the country and the United States and supplementary agreements thereto, or the Board determines that the eligible country has demonstrated sufficient capacity to perform successfully on a subsequent Compact.''. (c) Applicability.--The amendments made by subsections (a) and (b) apply with respect to Compacts entered into between the United States and an eligible country under the Millennium Challenge Act of 2003 before, on or after the date of the enactment of this Act. (d) Conforming Amendment.--Section 613(b)(2)(A) of such Act (22 U.S.C. 7712(b)(2)(A)) is amended by striking ``the'' before ``Compact'' and inserting ``any''. SEC. 3. AUTHORIZATION OF REGIONAL ASSISTANCE. (a) Assistance.--Section 605(a) of the Millennium Challenge Act of 2003 (22 U.S.C. 7704(a)) is amended by adding at the end the following new sentence: ``The assistance contemplated by this subsection may be provided through a Compact with a country individually and/or through a Compact with two or more countries in the same geographic region collectively.''. (b) Eligible Entities.--Section 605(c) of such Act (22 U.S.C. 7704(c)) is amended-- (1) in paragraph (2), by striking ``or'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(4) an entity, structure, or other arrangement established by two or more eligible countries in connection with a regional Compact.''. (c) Conforming Amendments.-- (1) Compact.--Section 609(a) of such Act (22 U.S.C. 7708(a)) is amended by inserting after ``only if the country'' the following: ``(or countries, in the case of a regional Compact)''. (2) Assistance for development of compact.--Section 609(g) of such Act (22 U.S.C. 7708(g)) is amended-- (A) by inserting after ``eligible country'' the following: ``(or countries, in the case of a regional compact)''; and (B) by inserting at the end before the period the following: ``(or countries, as appropriate)''. (3) Suspension and termination of assistance.--Section 611 of such Act (22 U.S.C. 7710) is amended-- (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (B) by inserting after subsection (b) the following new subsection: ``(c) Regional Compacts.--In the case of a regional compact, the Chief Executive Officer may-- ``(1) after consultation with the Board, suspend or terminate assistance in whole or in part to one or more countries, as appropriate, based on a determination consistent with subsection (a); and ``(2) reinstate assistance for a country or countries, as appropriate, based on a determination consistent with subsection (b).''.", "summary": "Millennium Challenge Compact Improvement Act (MCIA) - Amends the Millennium Challenge Act of 2003 to authorize under specified circumstances: (1) Millennium Challenge Compacts in excess of five years; and (2) concurrent Compacts. States that assistance may be provided through a Compact with a country individually and/or through a Compact with two or more countries in the same geographic region collectively. Sets forth provisions regarding suspension or termination of regional Compacts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Scaling Up Manufacturing Act of 2012''. SEC. 2. CREDIT FOR MANUFACTURING FACILITY COSTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. MANUFACTURING FACILITY EXPENDITURES. ``(a) General Rule.--For purposes of section 38, in the case of an eligible business, the manufacturing facility expenditure credit for any taxable year is an amount equal to 25 percent of the qualified facility construction expenditures of the taxpayer for the taxable year. ``(b) Eligible Business.--For purposes of this section-- ``(1) In general.--The term `eligible business' means any corporation or partnership-- ``(A) which is engaged in an active trade or business, ``(B) which is headquartered in the United States, ``(C) substantially all of the management or administrative activities of which are performed in the United States, ``(D) which has not (prior to placing into service the manufacturing facility designated for purposes of this section) placed in service a manufacturing facility, ``(E) which is a start-up company, and ``(F) with respect to which all debt obligations issued by, and equity interests in, have a rating of B minus (or its substantial equivalent) or higher from a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934). ``(2) Start-up company.--The term `start-up company' means any corporation or partnership-- ``(A) which first has both gross receipts and qualified research expenses (as defined in section 41(b)) in a taxable year beginning after December 31, 2012, or ``(B) which has both gross receipts and qualified research expenses (as so defined) in fewer than 3 taxable years beginning after December 31, 2012, and before January 1, 2018. ``(c) Qualified Facility Construction Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified facility construction expenditures' means amounts paid or incurred by the taxpayer-- ``(A) for the construction of a facility (designated for purposes of this section by the taxpayer at such time and in such form and manner as the Secretary shall prescribe) in the United States to manufacture a qualified product (including amounts for professional services necessary for the planning of such construction), and ``(B) for the purchase of specialized equipment for use at such facility and required for the manufacture of such product. ``(2) Qualified product.--The term `qualified product' means any product which, prior to construction of the facility with respect to which a credit is allowed under this section, the taxpayer has produced and sold to a bona fide purchaser, and such purchaser has placed such product in service. ``(d) Special Rules.--For purposes of this section-- ``(1) Recapture.-- ``(A) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any facility of the taxpayer with respect to which a credit was allowed under this section, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(i) the applicable recapture percentage, and ``(ii) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified facility construction expenditures of the taxpayer described in subsection (c)(1) with respect to such facility had been zero. ``(B) Applicable recapture percentage.-- ``(i) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined in accordance with the following table: ``If the recapture event The applicable recapture percentage occurs in: is: Year 1............................................. 100 Year 2............................................. 80 Year 3............................................. 60 Year 4............................................. 40 Year 5............................................. 20 Years 6 and thereafter............................. 0. ``(ii) Years.--For purposes of clause (i), year 1 shall begin on the first day of the taxable year in which the facility with respect to which a credit was allowed under this subsection was placed in service. ``(C) Recapture event.--For purposes of this paragraph-- ``(i) In general.--A recapture event occurs with respect to any facility if-- ``(I) the taxpayer becomes insolvent, or ``(II) the taxpayer disposes of the facility to another person who, at this time of the disposition, is not an eligible business. ``(ii) Special rule for facilities not placed in service within 5 years.--In the case of a facility with respect to which a credit is allowed under this section which is not placed in service before the close of the 5th taxable year beginning after the first taxable year for which the credit was so allowed, a recapture event shall be treated as having occurred with respect to such facility in year 1. ``(2) Credit may be assigned.--The amount of qualified facility construction expenditures with respect to a facility which would (but for this paragraph) be taken into account under subsection (a) for any taxable year by any person (hereafter in this paragraph referred to as the `initial taxpayer')-- ``(A) may be taken into account by any other person to whom such expenditures are assigned by the initial taxpayer, and ``(B) shall not be taken into account by initial taxpayer. Any person to whom such expenditures are assigned under subparagraph (A) shall be treated for purposes of this title as the taxpayer with respect to such expenditures. ``(3) Controlled group.--All members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person for purposes of this section. ``(4) Predecessor.--Any reference in this section to a corporation or partnership shall include a reference to any predecessor of such corporation or partnership. ``(5) Denial of double benefit.--For purposes of this subtitle, if a credit is allowed under this section in connection with any expenditure for any property, the basis of such property shall be reduced by the amount of the credit so allowed.''. (b) Denial of Double Benefit.--Section 280C of such Code is amended by inserting after subsection (h) the following new subsection: ``(i) Manufacturing Facility Expenditures.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under section 45S for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45S(a).''. (c) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by inserting after paragraph (36) the following: ``(37) manufacturing facility expenditure credit determined under section 45S(a).''. (d) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45S(d)(2).''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.", "summary": "Scaling Up Manufacturing Act of 2012 - Amends the Internal Revenue Code to allow certain start-up companies that are headquartered in the United States a tax credit for up to 25% of their costs for the construction of a manufacturing facility and for the purchase of specialized equipment for use at such facility. Defines a \"start-up company\" as any corporation or partnership that: (1) first has both gross receipts and qualified research expenses in a taxable year beginning after December 31, 2012, or (2) has both gross receipts and qualified research expenses in fewer than three taxable years beginning after December 31, 2012, and before January 1, 2018."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Promote Accountability and Government Efficiency Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. At-will employment status for new Federal employees. Sec. 3. Immediate suspension of employees for misconduct or poor performance. Sec. 4. Limitation on appeal rights. Sec. 5. Restriction of pay raises. Sec. 6. Forfeiture of CSRS or FERS annuity for any employee convicted of a felony. Sec. 7. Transfer from Senior Executive Service to General Schedule. Sec. 8. Limitation on official time and use of Government resources in carrying out union activities. SEC. 2. AT-WILL EMPLOYMENT STATUS FOR NEW FEDERAL EMPLOYEES. (a) In General.--Notwithstanding any other provision of law, any employee in the civil service (as that term is defined in section 2101 of title 5, United States Code) hired on or after the date that is 1 year after the date of enactment of this Act shall be hired on an at- will basis. Such an employee may be removed or suspended, without notice or right to appeal, from service by the head of the agency at which such employee is employed for good cause, bad cause, or no cause at all. (b) Clarification of Employment Protections.--Notwithstanding the requirements of subsection (a), this Act shall not be construed to extinguish or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to any employee or applicant for employment in the civil service who is hired subject to subsection (a) under-- (1) the title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), prohibiting discrimination on the basis of race, color, religion, sex, or national origin; (2) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), prohibiting discrimination on the basis of age; (3) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), prohibiting discrimination on the basis of sex; (4) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), prohibiting discrimination on the basis of handicapping condition; (5) the Whistleblower Protection Enhancement Act of 2012 (Public Law 112-199); (6) the provisions of any law, rule, or regulation prohibiting discrimination on the basis of marital status or political affiliation; (7) the Congressional Accountability Act of 1995, in the case of employees of the legislative branch who are subject to such Act; (8) the protections relating to prohibited personnel practices (as that term is defined in section 2302 of title 5, United States Code); or (9) any law protecting the employment rights of veterans. (c) Appeal.-- (1) In general.--Any employee or applicant for employment who is subject to subsection (a) and who seeks a remedy under any law listed in subsection (b) with respect to an adverse personnel action may, in addition to the remedies provide by such law, seek an available remedy as provided under-- (A) title 5, United States Code, including appealing such action to the Merit Systems Protection Board or the Office of the Special Counsel; (B) the Equal Employment Opportunity Commission; or (C) consistent with the requirements of section 9, any applicable collective bargaining agreement. (2) Limitation.--An employee or applicant for employment may appeal an adverse personnel action only to a single agency, and may not thereafter bring any appeal pertaining to such dismissal before any other agency. (d) Application.--This section shall apply with respect to any employee hired on or after the date that is 1 year after the date of enactment of this Act. (e) Regulations.--Not later than 180 days after the date of enactment of this section, each agency or instrumentality of the Federal Government to which this section applies shall develop operating standards consistent with the requirements of this section, including standards with respect to-- (1) notifying any employee hired on or after date specified in subsection (a) that such employee is an at-will employee; (2) determining which senior positions within such agency or instrumentality have the authority to separate an at-will employee from service; and (3) ensuring adequate oversight is in place to ensure that any separation of an at-will employee is not a result of discrimination or other violation of any law listed under subsection (b). (f) Definitions.--In this section: (1) Employee.--The term ``employee'' has the meaning given such term in section 2105 of title 5, United States Code, and includes any officer or employee of the United States Postal Service or the Postal Regulatory Commission. (2) Personnel action.--The term ``personnel action'' has the meaning given such term in section 2302(a)(2)(A) of such title. (3) Veteran.--The term ``veteran'' has the meaning given that term under section 2108(1) of such title. SEC. 3. IMMEDIATE SUSPENSION OF EMPLOYEES FOR MISCONDUCT OR POOR PERFORMANCE. (a) In General.--Chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--IMMEDIATE SUSPENSION FOR MISCONDUCT OR POOR PERFORMANCE ``Sec. 7551. Definitions ``In this subchapter-- ``(1) the term `employee' has the meaning given such term in section 7501(1) and includes any employee of the United States Postal Service or the Postal Regulatory Commission, but does not include any at-will employee (as determined under section 2 of the Promote Accountability and Government Efficiency Act); and ``(2) the term `suspend' means the placing of any employee, for misconduct or poor performance, in a temporary status without duties. ``Sec. 7552. Immediate suspension for misconduct or poor performance ``(a) Under regulations prescribed by the Office of Personnel Management, the head of an agency may suspend (with or without pay) an employee of such agency if the head determines that the misconduct or performance of the employee warrants such suspension. The period of any such suspension shall be determined by the head. ``(b) An employee who is suspended under subsection (a) is entitled, after suspension, to-- ``(1) a written notice, not later than 10 days after the first day of such suspension, stating the specific reasons for the suspension; ``(2) a reasonable time, but not less than 10 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; ``(3) be represented by an attorney or other representative; and ``(4) a review of the case by the agency head and a written final decision and the specific reasons therefor at the earliest practicable date. ``(c) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title. During such appeal, the Merit Systems Protection Board may not take any action to reinstate the employee to the position of employment from which such employee is suspended until the date of the final decision of such appeal. ``(d) Copies of the notice of proposed action, the answer of the employee if written, a summary thereof if made orally, the notice of decision and reasons therefor, and any order affecting the suspension, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee's request. ``(e) In the case of critical necessity, the head of an agency may immediately replace an employee suspended under subsection (a) without regard to sections 3309 through 3318 of title 5, United States Code.''. (b) Clerical Amendment.--The table of sections for chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``subchapter vi--immediate suspension for misconduct or poor performance ``7551. Definitions. ``7552. Immediate suspension for misconduct or poor performance.''. SEC. 4. LIMITATION ON APPEAL RIGHTS. Notwithstanding any other provision of law, an employee (as that term is defined in section 2(g)(1)) or applicant for employment may not appeal an adverse personnel action to more than 1 agency. SEC. 5. RESTRICTION OF PAY RAISES. (a) In General.--Notwithstanding any other provision of law, an employee may not receive an increase in annual rate of pay if such employee did not receive at least a score of 4 or 5 out of 5 (or an equivalent rating with respect to a performance appraisal system that does provide for such a scoring system) on such employee's latest performance review under the performance appraisal system applicable to such employee. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to Congress a report that contains recommendations for a single- agency rating system. (c) Collective Bargaining Agreements.-- (1) Application.--The requirements of this section shall apply to any collective bargaining agreement entered into by the head of an agency on or after the date of enactment of this Act. (2) Grievance.--In the case of an employee covered by a collective bargaining agreement referred to in paragraph (1), a grievance filed on behalf of such employee that results in an increased performance rating for such employee may not result in an increase in annual rate of pay for such employee. (d) Definition.--In this section, the term ``employee'' has the meaning given such term in section 2105 of title 5, United States Code, and includes any officer or employee of the United States Postal Service or the Postal Regulatory Commission. SEC. 6. FORFEITURE OF CSRS OR FERS ANNUITY FOR ANY EMPLOYEE CONVICTED OF A FELONY. (a) In General.--Subchapter II of chapter 83 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8323. Forfeiture of annuity for felony conviction. ``(a)(1) An individual appointed to the service who is not subject to the requirements of section 2 of the Promote Accountability and Government Efficiency Act may not be paid an annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity if the individual was finally convicted of a felony offense. ``(2) For purposes of paragraph (1), the term `felony offense' means any felony offense committed by the individual that is related to the performance of any position within the service occupied by such individual. ``(b) An individual who is an at-will employee (as determined under section 2 of the Promote Accountability and Government Efficiency Act) may not be paid an annuity on the basis of the service of the individual which is creditable toward the annuity if the individual was finally convicted of a felony offense-- ``(1) when such individual was performing creditable service (as that term is defined in section 8332 or 8411); or ``(2) after such individual has separated from the service, but only if such offense is related to the performance of any position within the Government formerly occupied by such individual. ``(c) In this section, the term `finally convicted' has the meaning given such term in section 8332(o)(A)(6).''. (b) Clerical Amendment.--The table of sections of subchapter II of chapter 83 of title 5, United States Code, is amended by adding after the item relating to section 8322 the following new item: ``8323. Forfeiture of annuity for felony conviction.''. SEC. 7. TRANSFER FROM SENIOR EXECUTIVE SERVICE TO GENERAL SCHEDULE. (a) In General.--Subchapter VIII of chapter 33 of title 5, United States Code, is amended-- (1) by redesignating section 3397 as section 3398; and (2) by inserting after section 3396 the following: ``Sec. 3397. Transfer to General Schedule positions ``(a) Notwithstanding any other provision of law, the head of any agency may transfer a covered individual to a position within the General Schedule (subchapter III of chapter 53). ``(b) Notwithstanding any other provision of law, including the requirements of section 3594, any covered individual transferred to a General Schedule position under subsection (a) shall, beginning on the date of such transfer, receive the annual rate of pay applicable to such position. ``(c) In this section, the term `covered individual' means an individual occupying a Senior Executive Service position who is not an at-will employee (as determined under section 2 of the Promote Accountability and Government Efficiency Act).''. (b) Clerical Amendment.--The table of sections of subchapter VIII of chapter 33 of title 5, United States Code, is amended by striking the item relating to section 3397 and inserting the following new items: ``3397. Transfer to General Schedule positions. ``3398. Regulations.''. SEC. 8. LIMITATION ON OFFICIAL TIME AND USE OF GOVERNMENT RESOURCES IN CARRYING OUT UNION ACTIVITIES. (a) In General.--Section 7131 of title 5, United States Code, is amended to read as follows: ``Sec. 7131. Limitation on official time ``In carrying out any activities relating to the internal business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues), an employee may not-- ``(1) perform such activities unless such employee is in a non-duty status; or ``(2) use any Government property (including office space or computers).''. (b) Clerical Amendment.--The table of sections for chapter 71 of title 5, United States Code, is amended by striking the item relating to section 7131 and inserting the following new item: ``7131. Limitation on official time.''.", "summary": "Promote Accountability and Government Efficiency Act This bill requires civil service employees to be hired on an at-will basis beginning one year after this bill's enactment. Such an employee may be removed or suspended from service by the agency head for good cause, bad cause, or no cause at all, without notice or right to appeal. The bill specifies how an employee or applicant may seek a remedy under specified employment protection statutes with respect to an adverse personnel action. The bill permits an agency to suspend an employee for misconduct or poor performance. The employee may appeal to the Merit Systems Protection Board, which may not reinstate the employee until a final decision is made on such appeal. In the case of critical necessity, an agency may immediately replace a suspended employee. An employee or applicant may not appeal an adverse personnel action to more than one agency. The bill prohibits an employee who does not receive a score of four or five out of five (or an equivalent rating) on his or her latest performance review from receiving a pay raise. A grievance filed on behalf of such employee covered by a collective bargaining agreement that results in an increased performance rating for such employee may not result in a pay raise. The OPM shall submit a report that contains recommendations for a single-agency rating system. An individual appointed to the civil service who is not subject to this bill's requirements regarding at-will employment may not be paid an annuity or retired pay on the basis of such service if the individual was finally convicted of a felony offense: (1) when such individual was performing creditable service, or (2) after such individual has separated from service if such offense is related to the performance of his or her government position. An agency may transfer an individual occupying a Senior Executive Service position who is not an at-will employee to a position within the General Schedule. The bill: (1) eliminates provisions authorizing official time for an employee serving as an exclusive representative in the negotiation of a collective bargaining agreement, and (2) prohibits an employee from using government property in carrying out any activities relating to the internal business of a labor organization."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Promotion Act of 1996''. SEC. 2. CREDIT FOR ADOPTION EXPENSES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. ADOPTION EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount of the qualified adoption expenses paid or incurred by the taxpayer with respect to the adoption of a child. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount of qualified adoption expenses which may be taken into account under subsection (a) with respect to the adoption of a child shall not exceed $5,000 ($7,500, in the case of a child with special needs). ``(2) Income limitation.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income (determined without regard to sections 911, 931, and 933) exceeds $65,000, bears to ``(B) $30,000. ``(3) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowable under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. ``(C) Reimbursement.--No credit shall be allowed under subsection (a) for any expense to the extent that such expense is reimbursed and the reimbursement is excluded from gross income under section 138. ``(c) Carryforwards of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified adoption expenses.--The term `qualified adoption expenses' means-- ``(A) reasonable and necessary adoption fees, court costs, attorney fees, and other expenses-- ``(i) which are directly related to, and the principal purpose of which is for, the legal and finalized adoption of an eligible child by the taxpayer, and ``(ii) which are not incurred in violation of State or Federal law or in carrying out any surrogate parenting arrangement, and ``(B) in the case of the adoption of a child with special needs, any other expenses. ``(2) Expenses for adoption of spouse's child not eligible.--The term `qualified adoption expenses' shall not include any expenses in connection with the adoption by an individual of a child who is the child of such individual's spouse. ``(3) Eligible child.--The term `eligible child' means any individual who has not attained age 18 as of the time of the adoption. ``(4) Child with special needs.--The term `child with special needs' means any eligible child if-- ``(A) a State has determined that the child cannot or should not be returned to the home of his parents, and ``(B) such State has determined that there exists with respect to the child a specific factor or condition (such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance. ``(e) Married Couples Must File Joint Returns.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section.''. (b) Conforming Amendments.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Adoption expenses.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 3. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED WITHOUT PENALTY TO PAY ADOPTION EXPENSES. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to exceptions to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: ``(D) Distributions from certain plans for adoption expenses.--Distributions to an individual from an individual retirement plan of so much of the qualified adoption expenses (as defined in section 23(d)) of the individual as does not exceed $2,000.''. (b) Conforming Amendment.--Subparagraph (B) of section 72(t)(2) of the Internal Revenue Code of 1986 is amended by striking ``or (C)'' and inserting ``, (C) or (D)''. (c) Effective Date.--The amendments made by this section shall apply to payments and distributions after December 31, 1995. SEC. 4. EXCLUSION OF AMOUNTS RECEIVED UNDER EMPLOYER'S ADOPTION ASSISTANCE PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. ADOPTION ASSISTANCE PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid or expenses incurred by the employer for qualified adoption expenses in connection with the adoption of a child by an employee if such amounts are furnished pursuant to an adoption assistance program. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount excludable from gross income under subsection (a) for all taxable years with respect to the adoption of any single child by the taxpayer shall not exceed $5,000 ($7,500, in the case of a child with special needs (as defined in section 23(d)(4))). ``(2) Income limitation.--The amount excludable from gross income under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so excludable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income (determined without regard to this section and sections 911, 931, and 933) exceeds $75,000, bears to ``(B) $40,000. ``(c) Adoption Assistance Program.--For purposes of this section, an adoption assistance program is a plan of an employer-- ``(1) under which the employer provides employees with adoption assistance, and ``(2) which meets requirements similar to the requirements of paragraphs (2), (3), and (5) of section 127(b). An adoption reimbursement program operated under section 1052 of title 10, United States Code (relating to armed forces) or section 514 of title 14, United States Code (relating to members of the Coast Guard) shall be treated as an adoption assistance program for purposes of this section. ``(d) Qualified Adoption Expenses.--For purposes of this section, the term `qualified adoption expenses' has the meaning given such term by section 23(d).''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 137 and inserting the following: ``Sec. 137. Adoption assistance programs. ``Sec. 138. Cross reference to other Acts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.", "summary": "Adoption Promotion Act of 1996 - Amends the Internal Revenue Code to allow an individual a tax credit of up to $5,000 for qualified adoption expenses paid or incurred during the taxable year. Provides a limitation based on modified adjusted gross income. Permits unused credit to be carried forward to the succeeding taxable year on a first-in first-out basis, but prohibits carrying forward credit to any taxable year following the fifth taxable year after the taxable year in which the credit arose. Allows distributions from an individual retirement plan to be used without penalty to pay for adoption expenses. Excludes from gross income aggregate amounts of up to $5,000 ($7,500 in the case of a child with special needs) paid or expenses incurred by the employee for qualified adoption expenses in connection with the adoption of a child if such amounts are received under an employer's adoption assistance program. Provides a limitation based on modified adjusted gross income."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Federally Supported Health Centers Assistance Act of 1995''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act. SEC. 2. PERMANENT EXTENSION OF PROGRAM. (a) In General.--Section 224(g)(3) (42 U.S.C. 233(g)(3)) is amended by striking the last sentence. (b) Conforming Amendments.--Section 224(k) (42 U.S.C. 233(k)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``For each of the fiscal years 1993, 1994, and 1995'' and inserting ``For each fiscal year''; and (B) by striking ``(except'' and all that follows through ``thereafter)''; and (2) in paragraph (2), by striking ``for each of the fiscal years 1993, 1994, and 1995'' and inserting ``for each fiscal year''. SEC. 3. CLARIFICATION OF COVERAGE. Section 224 (42 U.S.C. 233) is amended-- (1) in subsection (g)(1), by striking ``an entity described in paragraph (4)'' in the first sentence and all that follows through ``contractor'' in the second sentence and inserting the following: ``an entity described in paragraph (4), and any officer, governing board member, or employee of such an entity, and any contractor of such an entity who is a physician or other licensed or certified health care practitioner (subject to paragraph (5)), shall be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under subsection (k)(3) (subject to paragraph (3)). The remedy against the United States for an entity described in paragraph (4) and any officer, governing board member, employee, or contractor''; and (2) in subsection (k)(3), by inserting ``governing board member,'' after ``officer,''. SEC. 4. COVERAGE FOR SERVICES FURNISHED TO INDIVIDUALS OTHER THAN CENTER PATIENTS. Section 224(g)(1) (42 U.S.C. 233(g)) is amended-- (1) by redesignating paragraph (1) as paragraph (1)(A); and (2) by adding at the end thereof the following: ``(B) The deeming of any entity or officer, governing board member, employee, or contractor of the entity to be an employee of the Public Health Service for purposes of this section shall apply with respect to services provided-- ``(i) to all patients of the entity, and ``(ii) subject to subparagraph (C), to individuals who are not patients of the entity. ``(C) Subparagraph (B)(ii) applies to services provided to individuals who are not patients of an entity if the Secretary determines, after reviewing an application submitted under subparagraph (D), that the provision of the services to such individuals-- ``(i) benefits patients of the entity and general populations that could be served by the entity through community-wide intervention efforts within the communities served by such entity; ``(ii) facilitates the provision of services to patients of the entity; or ``(iii) are otherwise required under an employment contract (or similar arrangement) between the entity and an officer, governing board member, employee, or contractor of the entity.''. SEC. 5. APPLICATION PROCESS. (a) Application Requirement.--Section 224(g)(1) (42 U.S.C. 233(g)(1)) (as amended by section 4) is further amended-- (1) in subparagraph (A), by inserting after ``For purposes of this section'' the following: ``and subject to the approval by the Secretary of an application under subparagraph (D)''; and (2) by adding at the end thereof the following: ``(D) The Secretary may not under subparagraph (A) deem an entity or an officer, governing board member, employee, or contractor of the entity to be an employee of the Public Health Service for purposes of this section, and may not apply such deeming to services described in subparagraph (B)(ii), unless the entity has submitted an application for such deeming to the Secretary in such form and such manner as the Secretary shall prescribe. The application shall contain detailed information, along with supporting documentation, to verify that the entity, and the officer, governing board member, employee, or contractor of the entity, as the case may be, meets the requirements of subparagraphs (B) and (C) of this paragraph and that the entity meets the requirements of paragraphs (1) through (4) of subsection (h). ``(E) The Secretary shall make a determination of whether an entity or an officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section within 30 days after the receipt of an application under subparagraph (D). The determination of the Secretary that an entity or an officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section shall apply for the period specified by the Secretary under subparagraph (A). ``(F) Once the Secretary makes a determination that an entity or an officer, governing board member, employee, or contractor of an entity is deemed to be an employee of the Public Health Service for purposes of this section, the determination shall be final and binding upon the Secretary and the Attorney General and other parties to any civil action or proceeding. Except as provided in subsection (i), the Secretary and the Attorney General may not determine that the provision of services which are the subject of such a determination are not covered under this section. ``(G) In the case of an entity described in paragraph (4) that has not submitted an application under subparagraph (D): ``(i) The Secretary may not consider the entity in making estimates under subsection (k)(1). ``(ii) This section does not affect any authority of the entity to purchase medical malpractice liability insurance coverage with Federal funds provided to the entity under section 329, 330, 340, or 340A. ``(H) In the case of an entity described in paragraph (4) for which an application under subparagraph (D) is in effect, the entity may, through notifying the Secretary in writing, elect to terminate the applicability of this subsection to the entity. With respect to such election by the entity: ``(i) The election is effective upon the expiration of the 30- day period beginning on the date on which the entity submits such notification. ``(ii) Upon taking effect, the election terminates the applicability of this subsection to the entity and each officer, governing board member, employee, and contractor of the entity. ``(iii) Upon the effective date for the election, clauses (i) and (ii) of subparagraph (G) apply to the entity to the same extent and in the same manner as such clauses apply to an entity that has not submitted an application under subparagraph (D). ``(iv) If after making the election the entity submits an application under subparagraph (D), the election does not preclude the Secretary from approving the application (and thereby restoring the applicability of this subsection to the entity and each officer, governing board member, employee, and contractor of the entity, subject to the provisions of this subsection and the subsequent provisions of this section.''. (b) Approval Process.--Section 224(h) (42 U.S.C. 233(h)) is amended-- (1) in the matter preceding paragraph (1), by striking ``Notwithstanding'' and all that follows through ``entity--'' and inserting the following: ``The Secretary may not approve an application under subsection (g)(1)(D) unless the Secretary determines that the entity--''; and (2) by striking ``has fully cooperated'' in paragraph (4) and inserting ``will fully cooperate''. (c) Delayed Applicability for Current Participants.--If, on the day before the date of the enactment of this Act, an entity was deemed to be an employee of the Public Health Service for purposes of section 224(g) of the Public Health Service Act, the condition under paragraph (1)(D) of such section (as added by subsection (a) of this section) that an application be approved with respect to the entity does not apply until the expiration of the 180-day period beginning on such date. SEC. 6. TIMELY RESPONSE TO FILING OF ACTION OR PROCEEDING. Section 224 (42 U.S.C. 233) is amended by adding at the end thereof the following subsection: ``(l)(1) If a civil action or proceeding is filed in a State court against any entity described in subsection (g)(4) or any officer, governing board member, employee, or any contractor of such an entity for damages described in subsection (a), the Attorney General, within 15 days after being notified of such filing, shall make an appearance in such court and advise such court as to whether the Secretary has determined under subsections (g) and (h), that such entity, officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section with respect to the actions or omissions that are the subject of such civil action or proceeding. Such advice shall be deemed to satisfy the provisions of subsection (c) that the Attorney General certify that an entity, officer, governing board member, employee, or contractor of the entity was acting within the scope of their employment or responsibility. ``(2) If the Attorney General fails to appear in State court within the time period prescribed under paragraph (1), upon petition of any entity or officer, governing board member, employee, or contractor of the entity named, the civil action or proceeding shall be removed to the appropriate United States district court. The civil action or proceeding shall be stayed in such court until such court conducts a hearing, and makes a determination, as to the appropriate forum or procedure for the assertion of the claim for damages described in subsection (a) and issues an order consistent with such determination.''. SEC. 7. APPLICATION OF COVERAGE TO MANAGED CARE PLANS. Section 224 (42 U.S.C. 223) (as amended by section 6) is amended by adding at the end thereof the following subsection: ``(m)(1) An entity or officer, governing board member, employee, or contractor of an entity described in subsection (g)(1) shall, for purposes of this section, be deemed to be an employee of the Public Health Service with respect to services provided to individuals who are enrollees of a managed care plan if the entity contracts with such managed care plan for the provision of services. ``(2) Each managed care plan which enters into a contract with an entity described in subsection (g)(4) shall deem the entity and any officer, governing board member, employee, or contractor of the entity as meeting whatever malpractice coverage requirements such plan may require of contracting providers for a calendar year if such entity or officer, governing board member, employee, or contractor of the entity has been deemed to be an employee of the Public Health Service for purposes of this section for such calendar year. Any plan which is found by the Secretary on the record, after notice and an opportunity for a full and fair hearing, to have violated this subsection shall upon such finding cease, for a period to be determined by the Secretary, to receive and to be eligible to receive any Federal funds under titles XVIII or XIX of the Social Security Act. ``(3) For purposes of this subsection, the term `managed care plan' shall mean health maintenance organizations and similar entities that contract at-risk with payors for the provision of health services or plan enrollees and which contract with providers (such as entities described in subsection (g)(4)) for the delivery of such services to plan enrollees.''. SEC. 8. COVERAGE FOR PART-TIME PROVIDERS UNDER CONTRACTS. Section 224(g)(5)(B) (42 U.S.C. 223(g)(5)(B)) is amended to read as follows: ``(B) in the case of an individual who normally performs an average of less than 32\\1/2\\ hours of services per week for the entity for the period of the contract, the individual is a licensed or certified provider of services in the fields of family practice, general internal medicine, general pediatrics, or obstetrics and gynecology.''. SEC. 9. DUE PROCESS FOR LOSS OF COVERAGE. Section 224(i)(1) (42 U.S.C. 233(i)(1)) is amended by striking ``may determine, after notice and opportunity for a hearing'' and inserting ``may on the record determine, after notice and opportunity for a full and fair hearing''. SEC. 10. AMOUNT OF RESERVE FUND. Section 224(k)(2) (42 U.S.C. 223(k)(2)) is amended by striking ``$30,000,000'' and inserting ``$10,000,000''. SEC. 11. REPORT ON RISK EXPOSURE OF COVERED ENTITIES. Section 224 (as amended by section 7) is amended by adding at the end thereof the following subsection: ``(n)(1) Not later than one year after the date of the enactment of the Federally Supported Health Centers Assistance Act of 1995, the Comptroller General of the United States shall submit to the Congress a report on the following: ``(A) The medical malpractice liability claims experience of entities that have been deemed to be employees for purposes of this section. ``(B) The risk exposure of such entities. ``(C) The value of private sector risk-management services, and the value of risk-management services and procedures required as a condition of receiving a grant under section 329, 330, 340, or 340A. ``(D) A comparison of the costs and the benefits to taxpayers of maintaining medical malpractice liability coverage for such entities pursuant to this section, taking into account-- ``(i) a comparison of the costs of premiums paid by such entities for private medical malpractice liability insurance with the cost of coverage pursuant to this section; and ``(ii) an analysis of whether the cost of premiums for private medical malpractice liability insurance coverage is consistent with the liability claims experience of such entities. ``(2) The report under paragraph (1) shall include the following: ``(A) A comparison of-- ``(i) an estimate of the aggregate amounts that such entities (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of this section) would have directly or indirectly paid in premiums to obtain medical malpractice liability insurance coverage if this section were not in effect; with ``(ii) the aggregate amounts by which the grants received by such entities under this Act were reduced pursuant to subsection (k)(2). ``(B) A comparison of-- ``(i) an estimate of the amount of privately offered such insurance that such entities (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of this section) purchased during the three-year period beginning on January 1, 1993; with ``(ii) an estimate of the amount of such insurance that such entities (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of this section) will purchase after the date of the enactment of the Federally Supported Health Centers Assistance Act of 1995. ``(C) An estimate of the medical malpractice liability loss history of such entities for the 10-year period preceding October 1, 1996, including but not limited to the following: ``(i) Claims that have been paid and that are estimated to be paid, and legal expenses to handle such claims that have been paid and that are estimated to be paid, by the Federal Government pursuant to deeming entities as employees for purposes of this section. ``(ii) Claims that have been paid and that are estimated to be paid, and legal expenses to handle such claims that have been paid and that are estimated to be paid, by private medical malpractice liability insurance. ``(D) An analysis of whether the cost of premiums for private medical malpractice liability insurance coverage is consistent with the liability claims experience of entities that have been deemed as employees for purposes of this section. ``(3) In preparing the report under paragraph (1), the Comptroller General of the United States shall consult with public and private entities with expertise on the matters with which the report is concerned.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Federally Supported Health Centers Assistance Act of 1995 - Amends the Public Health Service Act to remove provisions ending, on a specified date, the application of provisions: (1) deeming health care practitioner officers, employees, or contractors of certain entities (migrant and community health centers and grant recipients for health services to the homeless and to residents of public housing) to be employees of the Public Health Service (PHS); and (2) making a malpractice action against the United States the sole remedy against such practitioners. Adds governing board members to the list of practitioners deemed to be PHS employees. Allows, in certain circumstances, deeming the practitioners to be PHS employees while treating individuals who are not patients of such entities. Requires approval of an application for the deeming. Sets forth an application process. Directs the Attorney General to appear in State court actions to advise the court whether an officer, governing board member, employee, or contractor has been deemed to be an employee of the Public Health Service. Provides for the application of coverage to managed care plans. Revises the requirements: (1) to be considered a contractor of such an entity; and (2) of due process regarding exclusion of specific individuals from coverage. Reduces the maximum limit on the fund set up to cover annual estimated claims. Requires the Comptroller General to report to the Congress on: (1) the claims experience of entities deemed to be employees under this Act; (2) the risk exposure of those entities; (3) the value of private sector risk management services; and (4) certain comparisons, analyses, and estimates related to this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Enhanced Security Cooperation Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since 1948, United States Presidents and both houses of Congress, on a bipartisan basis and supported by the American people, have repeatedly reaffirmed the special bond between the United States and Israel, based on shared values and shared interests. (2) The Middle East is undergoing rapid change, bringing with it hope for an expansion of democracy but also great challenges to the national security of the United States and our allies in the region, particularly to our most important ally in the region, Israel. (3) The Government of the Islamic Republic of Iran is continuing its decades-long pattern of seeking to foment instability and promote extremism in the Middle East, particularly in this time of dramatic political transition. (4) At the same time, the Government of the Islamic Republic of Iran continues to enrich uranium in defiance of multiple United Nations Security Council resolutions. (5) A nuclear-weapons capable Iran would fundamentally threaten vital United States interests, encourage regional nuclear proliferation, further empower Iran, the world's leading state sponsor of terror, and pose a serious and destabilizing threat to Israel and the region. (6) Over the past several years, with the assistance of the Governments of the Islamic Republic of Iran and Syria, Hizbollah and Hamas have increased their stockpile of rockets, with more than 60,000 now ready to be fired at Israel. The Government of the Islamic Republic of Iran continues to add to its arsenal of ballistic missiles and cruise missiles, which threaten Iran's neighbors, Israel, and United States Armed Forces in the region. (7) As a result, Israel is facing a fundamentally altered strategic environment. (8) Pursuant to chapter 5 of title 1 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 576), the authority to make available loan guarantees to Israel is currently set to expire on September 30, 2012. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States: (1) To reaffirm our unwavering commitment to the security of the State of Israel as a Jewish state. As President Barack Obama stated on December 16, 2011, ``America's commitment and my commitment to Israel and Israel's security is unshakeable.'' And as President George W. Bush stated before the Israeli Knesset on May 15, 2008, on the 60th anniversary of the founding of the State of Israel, ``The alliance between our governments is unbreakable, yet the source of our friendship runs deeper than any treaty.''. (2) To help the Government of Israel preserve its qualitative military edge amid rapid and uncertain regional political transformation. (3) To veto any one-sided anti-Israel resolutions at the United Nations Security Council. (4) To support Israel's inherent right to self-defense. (5) To pursue avenues to expand cooperation with the Government of Israel both in defense and across the spectrum of civilian sectors, including high technology, agriculture, medicine, health, pharmaceuticals, and energy. (6) To assist the Government of Israel with its ongoing efforts to forge a peaceful, negotiated settlement of the Israeli- Palestinian conflict that results in two states living side-by-side in peace and security, and to encourage Israel's neighbors to recognize Israel's right to exist as a Jewish state. (7) To encourage further development of advanced technology programs between the United States and Israel given current trends and instability in the region. SEC. 4. UNITED STATES ACTIONS TO ASSIST IN THE DEFENSE OF ISRAEL AND PROTECT UNITED STATES INTERESTS. It is the sense of Congress that the United States Government should take the following actions to assist in the defense of Israel: (1) Seek to enhance the capabilities of the Governments of the United States and Israel to address emerging common threats, increase security cooperation, and expand joint military exercises. (2) Provide the Government of Israel such support as may be necessary to increase development and production of joint missile defense systems, particularly such systems that defend against the urgent threat posed to Israel and United States forces in the region. (3) Provide the Government of Israel assistance specifically for the production and procurement of the Iron Dome defense system for purposes of intercepting short-range missiles, rockets, and projectiles launched against Israel. (4) Provide the Government of Israel defense articles and defense services through such mechanisms as appropriate, to include air refueling tankers, missile defense capabilities, and specialized munitions. (5) Provide the Government of Israel additional excess defense articles, as appropriate, in the wake of the withdrawal of United States forces from Iraq. (6) Examine ways to strengthen existing and ongoing efforts, including the Gaza Counter Arms Smuggling Initiative, aimed at preventing weapons smuggling into Gaza pursuant to the 2009 agreement following the Israeli withdrawal from Gaza, as well as measures to protect against weapons smuggling and terrorist threats from the Sinai Peninsula. (7) Offer the Air Force of Israel additional training and exercise opportunities in the United States to compensate for Israel's limited air space. (8) Work to encourage an expanded role for Israel with the North Atlantic Treaty Organization (NATO), including an enhanced presence at NATO headquarters and exercises. (9) Expand already-close intelligence cooperation, including satellite intelligence, with Israel. SEC. 5. ADDITIONAL STEPS TO DEFEND ISRAEL AND PROTECT AMERICAN INTERESTS. (a) Extension of War Reserves Stockpile Authority.-- (1) Department of defense appropriations act, 2005.--Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by striking ``more than 8 years after'' and inserting ``more than 10 years after''. (2) Foreign assistance act of 1961.--Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``fiscal years 2011 and 2012'' and inserting ``fiscal years 2013 and 2014''. (b) Extension of Loan Guarantees to Israel.--Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended under the heading ``Loan Guarantees to Israel''-- (1) in the matter preceding the first proviso, by striking ``September 30, 2011'' and inserting ``September 30, 2015''; and (2) in the second proviso, by striking ``September 30, 2011'' and inserting ``September 30, 2015''. SEC. 6. REPORTS REQUIRED. (a) Report on Israel's Qualitative Military Edge (QME).-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the status of Israel's qualitative military edge in light of current trends and instability in the region. (2) Substitution for quadrennial report.--If submitted within one year of the date that the first quadrennial report required by section 201(c)(2) of the Naval Vessel Transfer Act of 2008 (Public Law 110-429; 22 U.S.C. 2776 note) is due to be submitted, the report required by paragraph (1) may substitute for such quadrennial report. (b) Reports on Other Matters.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on each of the following matters: (1) Taking into account the Government of Israel's urgent requirement for F-35 aircraft, actions to improve the process relating to its purchase of F-35 aircraft, particularly with respect to cost efficiency and timely delivery. (2) Efforts to expand cooperation between the United States and Israel in homeland security, counter-terrorism, maritime security, energy, cyber-security, and other related areas. (3) Actions to integrate Israel into the defense of the Eastern Mediterranean. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Qualitative military edge.--The term ``qualitative military edge'' has the meaning given the term in section 36(h)(2) of the Arms Export Control Act (22 U.S.C. 2776(h)(2)). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was reported to the Senate on June 27, 2012. The summary of that version is repeated here.) United States-Israel Enhanced Security Cooperation Act of 2012 - (Sec. 3) States that it is U.S. policy to: (1) reaffirm the commitment to Israel's security as a Jewish state, (2) support Israel's right to self-defense and help Israel preserve its qualitative military edge, (3) expand military and civilian cooperation, (4) assist in a negotiated settlement of the Israeli-Palestinian conflict that results in two states living side-by-side in peace and security, and (5) veto any one-sided anti-Israel U.N. Security Council resolutions. (Sec. 4) Expresses the sense of Congress that the United States should take specified actions to assist in Israel's defense, including: (1) enhancing development and production of joint missile defense systems, (2) providing appropriate defense articles and services, (3) strengthening security initiatives and bilateral training exercises, and (4) encouraging an expanded role for Israel with the North Atlantic Treaty Organization (NATO). (Sec. 5) Amends the Department of Defense Appropriations Act, 2005 to extend authority to transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Amends the Foreign Assistance Act of 1961 to extend authority to make additions to foreign-based defense stockpiles. Amends the Emergency Wartime Supplemental Appropriations Act, 2003 to extend specified loan guarantee authority to Israel. (Sec. 6) Directs the President to submit reports to Congress regarding: (1) the status of Israel's qualitative military edge; (2) actions that could improve the process related to Israel's purchase of F-35 aircraft; (3) cooperation between the United States and Israel in homeland security, counter-terrorism, maritime security, energy, cyber-security, and other related areas; and (4) actions to integrate Israel into the defense of the Eastern Mediterranean."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Interest on Business Checking Act of 2001''. SEC. 2. AMENDMENTS RELATING TO DEMAND DEPOSIT ACCOUNTS AT DEPOSITORY INSTITUTIONS. (a) Interest-Bearing Transaction Accounts Authorized.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended by adding at the end the following: ``Notwithstanding any other provision of this section, a member bank may permit the owner of any deposit, any account which is a deposit, or any account on which interest or dividends are paid, to make not more than 24 transfers per month (or such greater number as the Board may determine by rule or order), for any purpose, to a demand deposit account of the owner in the same institution. With respect to an escrow account maintained in connection with a loan, a lender or servicer shall pay interest on such account only if such payments are required by contract between the lender or servicer and the borrower, or a specific statutory provision of the law of the State in which the security property is located requires the lender or servicer to make such payments. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account for purposes of this Act.''. (2) Home owners' loan act.--Section 5(b)(1) of the Home Owners' Loan Act (12 U.S.C. 1464 (b)(1)) is amended by adding at the end the following: ``(G) Transfers.-- ``(i) In general.--Notwithstanding any other provision of this paragraph, a Federal savings association may permit the owner of any deposit or share, any account which is a deposit or share, or any account on which interest or dividends are paid, to make not more than 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order under section 19(i) of the Federal Reserve Act to be permissible for member banks), for any purpose, to a demand deposit account of the owner in the same institution. ``(ii) Escrow accounts.--With respect to an escrow account maintained in connection with a loan, a lender or servicer shall pay interest on such account only if-- ``(I) such payments are required by contract between the lender or servicer and the borrower; or ``(II) a specific statutory provision of the law of the State in which the security property is located requires the lender or servicer to make such payments. ``(iii) Limitation.--Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act) for purposes of the Federal Reserve Act.''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended by adding at the end the following: ``(3) Transfers.-- ``(A) In general.--Notwithstanding any other provision of this subsection, an insured nonmember bank or insured State savings association may permit the owner of any deposit or share, any account which is a deposit or share, or any account on which interest or dividends are paid to make not more than 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order under section 19(i) of the Federal Reserve Act to be permissible for member banks), for any purpose, to a demand deposit account of the owner in the same institution. ``(B) Escrow accounts.--With respect to an escrow account maintained in connection with a loan, a lender or servicer shall pay interest on such account only if-- ``(i) such payments are required by contract between the lender or servicer and the borrower; or ``(ii) a specific statutory provision of the law of the State in which the security property is located requires the lender or servicer to make such payments. ``(C) Limitation.--Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act) for purposes of the Federal Reserve Act.''. (b) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended to read as follows: ``(i) [Repealed].''. (2) Home owners' loan act.--Section 5(b)(1) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)) is amended-- (A) in subparagraph (B), by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''; and (B) by striking subparagraph (G). (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed].''. (4) Effective date.--The amendments made by this subsection shall take effect at the end of the 2-year period beginning on the date of enactment of this Act. SEC. 3. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In general.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution to meet the reserve requirements of this subsection applicable with respect to such depository institution shall receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate or rates not to exceed the general level of short term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(B), in a Federal reserve bank by any such entity on behalf of depository institutions which are not member banks.''. (b) Technical and Conforming Amendments.-- (1) Section 19(b) of federal reserve act.--Section 19(b)(4) of the Federal Reserve Act (12 U.S.C. 461(b)(4)) is amended-- (A) by striking subparagraph (C); and (B) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively. (2) Section 19(c) of federal reserve act.--Section 19(c)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(A)) is amended by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. <greek-d>", "summary": "Interest on Business Checking Act of 2001 - Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to: (1) provide that a depository institution may permit owners of interest or dividend paying accounts to make up to 24 transfers monthly for any purpose to their other demand deposits in the same institution; and (2) repeal the proscription against the payment of interest on demand deposits.Prescribes conditions for interest payments on escrow accounts.Amends the Federal Reserve Act to require a Federal reserve bank to pay interest at least quarterly on any balance maintained by a depository institution at the reserve bank to meet its reserve requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Franked Mail Savings Act''. SEC. 2. OFFICIAL MASS MAILING ALLOWANCE. Section 311(f) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(f)) is amended to read as follows: ``(f)(1) There is established in the House of Representatives an Official Mass Mailing Allowance for Members of the House of Representatives. ``(2) The Official Mass Mailing Allowance of a Member of the House of Representatives-- ``(A) shall be available only for postage for any mass mailing sent by such Member as franked mail; ``(B) shall be the sole source of funding for any such postage; and ``(C) shall be available, in a session of Congress (subject to paragraph (5)(A)(ii)), in an amount not to exceed the total amount allocated to the Official Mail Allowance of such Member in such session. ``(3) No amount may be transferred to or from the Official Mass Mailing Allowance of a Member of the House of Representatives (including as described in the parenthetical matter in subsection (a)(2)(A)), except as provided in subsection (e)(3)(B). ``(4) For purposes of subsection (b), the Official Mass Mailing Allowance of (and any mass mailing sent by) a Member of the House of Representatives shall be treated separately from the Official Mail Allowance of (and any other official mail sent by) such Member. ``(5) Otherwise applicable provisions of law relating to mass mailings sent by a Member of (or Member-elect to) the House of Representatives shall continue to govern such mass mailings-- ``(A) except that-- ``(i) for purposes of carrying out those other provisions of law, the term `mass mailing' shall have the meaning given it under paragraph (8); and ``(ii) a mass mailing may not be sent if it would be postmarked during any session that begins in an even-numbered calendar year (excluding any mail sent after the Tuesday next after the 1st Monday in November of such year, and any mass mailing described in section 3210(a)(6)(B) of title 39, United States Code); and ``(B) except as otherwise provided in this subsection. ``(6) A Member of the House of Representatives shall-- ``(A) before making any mass mailing, submit a sample of the mail matter involved to the House Commission on Congressional Mailing Standards for an advisory opinion as to whether such proposed mailing is in compliance with applicable provisions of law, rule, or regulation; ``(B) before making any mailing of substantially identical mail which totals 250 pieces or less (but more than 50), and which in every other respect meets the definition of a mass mailing, submit a sample of the mail matter involved to such Commission; and ``(C) before making any mailing of substantially identical mail, in the nature of a town meeting notice, which totals more than 50 pieces, and which in every other respect (aside from such nature and number) meets the definition of a mass mailing, submit a sample of the mail matter involved to such Commission. ``(7)(A) The regulations prescribed in connection with subsection (a)(3) shall be amended to require, in addition to the information otherwise required to be included in the quarterly report referred to therein, a statement of-- ``(i) costs charged against the Official Mass Mailing Allowance of each Member; and ``(ii) the number of pieces of mail in any mass mailing sent by a Member. ``(B) The House Commission on Congressional Mailing Standards shall by regulation establish procedures under which there shall be made available to the public for review and copying any matter submitted to the Commission under paragraph (6). Any copying under the preceding sentence shall be at the expense of the person who requests the copying. ``(8) For the purpose of this subsection-- ``(A) the term `mass mailing' means, with respect to a session of Congress, any mailing of newsletters or other pieces of mail with substantially identical content (whether such mail is deposited singly or in bulk, or at the same time or different times), totaling more than 250 pieces in that session, except that such term does not include any mailing-- ``(i) of matter in direct response to a communication from a person to whom the matter is mailed; ``(ii) from a Member of Congress to other Members of Congress, or to Federal, State, or local government officials; ``(iii) of a news release to the communications media; or ``(iv) described in clause (iv) or (v) of section 6(b)(1)(B) of the Legislative Branch Appropriations Act, 1995 (39 U.S.C. 3210 note), subject to the same restriction as specified in such clause (iv) with respect to a Member of the Senate; ``(B) the term `franked mail' has the meaning given such term by section 3201(4) of title 39, United States Code; and ``(C) the term `town meeting notice' means (including for purposes of subparagraph (A)(iv)) any mailing which-- ``(i) relates solely to a notice of the time and place at which a Member of the House of Representatives or 1 or more members of the Member's staff will be available to meet constituents regarding legislative issues or problems with Federal programs; ``(ii) appears on a mailing 5\\1/2\\\" x 8\" or smaller; ``(iii) includes not more than 3 references to the Member (excluding any reference appearing as the frank, consisting of the signature and name at the end of the mailing, or otherwise specified in regulations of the House Commission on Congressional Mailing Standards); and ``(iv) does not include any picture, sketch, or other likeness of the Member.''. SEC. 3. PROVISIONS RELATING TO MEMBERS' OFFICIAL MAIL ALLOWANCE. (a) Reduction in Maximum Allocation.--Section 311(e)(2)(B)(i) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is amended by striking ``3'' and inserting ``0.5''. (b) Limitation on Transfers.--Paragraph (3) of section 311(e) of such Act is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), no amount may be transferred to or from the Official Mail Allowance of a Member of the House of Representatives. ``(B) A Member of the House of Representatives may transfer amounts from the Official Mass Mailing Allowance of the Member to the Official Mail Allowance of the Member.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect as of the first day of the first regular session of Congress beginning after the date of the enactment of this Act.", "summary": "Franked Mail Savings Act - Amends the Legislative Branch Appropriations Act, 1991 to establish an Official Mass Mailing Allowance for Members of the House of Representatives. Requires the Official Mass Mailing Allowance to be: (1) available only for postage for any mass mailing sent by a Member as franked mail; (2) the sole source of funding for any such postage; and (3) available in a session of Congress in an amount that does not exceed the total amount allocated to the Official Mail Allowance of a Member in such session. Treats the Official Mass Mailing Allowance and mass mailings separately from the Official Mail Allowance. Continues the applicability of current provisions of law relating to mass mailings sent by a Member or Member-elect subject to certain conditions. Sets forth requirements for the submission of samples of mass mailings to the House Commission on Congressional Mailing Standards. Revises the formula for determining the Official Mail Allowance (thereby reducing the maximum allocation allowed). Prohibits the transfer of any amount (except for amounts from the Official Mass Mailing Allowance) to or from the Official Mail Allowance of a Member. (Currently, transfers up to a specified amount are allowed from the Official Expenses and Clerk Hire Allowances.)"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Law Enforcement Assistance Act of 1997''. SEC. 2. FINDINGS. Congress finds the following: (1) Effective and impartial enforcement of the law is one of the most important functions of government. (2) The preservation of our form of government and the rights of our citizens are dependent upon competent and professional law enforcement agencies. (3) Responsibility for law enforcement in the United States reposes primarily with State and local governments. (4) Approximately 22,400 local government entities exist in the 50 states; one-third of all Americans live in nonurban areas; of the 17,120 law enforcement agencies, 90 percent serve populations of less than 25,000 residents and 75 percent serve a population of fewer than 10,000 residents. (5) Rural violent crime has increased over 53 percent from 1983 to 1995, and is taking a toll on small town and rural citizens and small town and rural law enforcement personnel. (6) Rural law enforcement agencies totaling 12,735 (police departments and sheriffs offices serving a population of under 25,000) have needs in the areas of providing management education and training, a clearinghouse, professional evaluation, technical assistance, practical research and analyses, and computer and forensic education and training as identified by the National Center for Rural Law Enforcement and the Federal Bureau of Investigation. (7) The National Center for Rural Law Enforcement has cooperated in the past and will continue to cooperate with the FBI, the Department of Justice, and the Department of Agriculture to promote the development and implementation of management education and training, a clearinghouse, professional evaluation, technical assistance, practical research and analyses, and computer and forensic education and training for rural law enforcement agencies. SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR RURAL LAW ENFORCEMENT. (a) In General.--For the purpose of assisting rural law enforcement agencies with management education and training, maintaining a clearinghouse, evaluation, technical assistance, research, computer and forensic education and training, and providing such other support as may be necessary or useful, there is authorized to be established a private, nonprofit corporation, to be known as the National Center for Rural Law Enforcement which shall be neither an agency nor establishment of the United States Government. (b) Incorporators.--The Board of Directors first appointed shall be deemed the incorporators, and the incorporation shall be deemed to have been effected from the date of the first meeting of the Board. (c) Residence.--The Center shall be located in, and shall be considered, for purposes of venue in civil actions, to be a resident of Little Rock, Arkansas, or at such other place as the Board may subsequently direct. SEC. 4. CORPORATE POWERS. The Center-- (1) shall have succession, and may sue and be sued, in its corporate name; (2) may adopt and use a corporate seal which shall be judicially noticed; (3) may adopt, amend, and repeal bylaws; (4) may purchase, lease, or otherwise acquire and hold such property as it deems necessary or convenient in the transaction of its business, and may dispose of any such property; (5) shall be eligible to apply for and to make grants from or to, and to enter into contracts or cooperative agreements without regard to the Federal Procurement Acquisition Regulations with, Federal, State, and local governments, public or private institutions, organizations, entities, and individuals necessary or convenient to the exercise of the functions or powers conferred explicitly or implicitly by this Act; (6) may arrange, as permitted by law, for the loan, detail or assistance, or use of facilities, personnel, or equipment from Federal, State, or local agencies, departments, or entities on a reimbursable or nonreimbursable basis; (7) may request from any Federal department or agency such information, data, and materials as may be necessary or convenient to the exercise of the functions or powers conferred explicitly or implicitly by this Act although the head of such department or agency may decline to comply with such a request; (8) may solicit and accept gifts, devises, grants and donations of property, including cash or services in furtherance of its function and mission; (9) shall have such other powers as may be necessary or appropriate for the exercise of the functions or powers conferred specifically or implicitly by this Act; and (10) is prohibited from supporting any political party or candidate for elective or appointive office. SEC. 5. BOARD OF DIRECTORS. (a) Composition.--The Board of the Center shall be composed of 18 members as follows: (1) Two members from each of the 6 regions (Northeast, Northwest, Southeast, Southwest, Midwest, and West) shall be appointed from rural law enforcement agencies serving rural areas. (2) One member shall be appointed from the International Association of Directors of State Law Enforcement Training. (3) Two members shall be selected from personnel of the Federal Bureau of Investigation, and shall hold membership on the Board in an ex officio capacity. The members shall be selected by and serve at the pleasure of the Director of the FBI. (4) The president of the University of Arkansas shall be an ex officio Board member. (5) The Executive Director of the Center shall be an ad hoc Board member. (6) One resident of a rural area shall be selected to serve as an ad hoc member. (b) Initial Board.-- (1) Selection of members.--Appointive members of the initial Board of Directors shall be selected cooperatively by the president of the University of Arkansas, the Director of the FBI, and the Executive Director of the preexisting National Center for Rural Law Enforcement at the University of Arkansas. (2) Designation of chairman.--The president of the University of Arkansas and the Director of the FBI shall designate a chairman from among the appointees to the initial Board. (3) Term of office.--The term of office for appointive members of the initial Board shall be 3 years. (4) Selection of successors.--Not later than 90 days before the expiration of such 3-year term, the Board shall select, with the advice and counsel of the president of the University of Arkansas and the Director of the FBI, successors to the initial appointive members. (c) Subsequent Boards.-- (1) Term of office.--The term of office for appointive members to subsequent Boards shall be 6 years. (2) Staggered terms.--The successor appointive Board members, at their first meeting, will draw lots from 1 to 6 years. (3) Subsequent selections.--The Board shall select, with the advice and counsel of the president of the University of Arkansas and the Director of the FBI, successors as may be necessary or appropriate to replace members who resign or otherwise vacate their offices or whose terms of office expire within 90 days. (4) Term limit.--No member shall serve more than 1 uninterrupted 6-year term. (5) Election of chairman.--After the initial Board has been replaced, as appropriate or necessary, the Board shall elect a chairman from among its appointive members. The chairman's term of office shall be coextensive with that individual's term of office on the Board. (d) Functions.--The Board shall direct the exercise of all of the business and powers of the Center, including the adoption, amendment, and repeal of bylaws. The Board shall appoint (subject to specific provisions herein) and oversee the Executive Director and other corporate officers in the performance of their duties. (e) Quorums.--Vacancies on the Board shall not impair the powers of the Board to execute the functions of the Center if there are not less than 7 voting members in office. Such number shall also constitute a quorum for the transaction of the business of the Board. (f) Compensation and Status.-- (1) In general.--The members of the Board shall serve without compensation from the Center but are authorized to receive whatever pay, allowances, and benefits to which they are otherwise entitled by virtue of their Federal, State, or local government employment. (2) Expenses.--The members may be compensated for travel and per diem expenses by the Center at rates authorized under subchapter I of chapter 57 of title 5, United States Code, while away from their permanent duty stations in the performance of Center business. (3) Status.--Other than the 2 ex officio members from the FBI, members of the Board shall not be considered officers or employees of the United States for any purpose. SEC. 6. OFFICERS AND EMPLOYEES. (a) Executive Director.-- (1) Initial executive director.--The Executive Director of the preexisting National Center for Rural Law Enforcement at the University of Arkansas shall serve as the initial Executive Director for the Center with a term of 3 years. (2) Subsequent appointments.--After the initial 3-year term of the first Executive Director, the Board of Directors shall select and appoint, without regard to the provisions of the civil service laws applicable to officers and employees of the United States, and after consultation with the Director of the FBI and the president of the University of Arkansas, a successor whose term of office shall be 5 years. (3) Vacancy.--The Board may at any time select and appoint, after consultation with the Director of the FBI and the president of the University of Arkansas, a successor to replace an Executive Director who resigns or otherwise vacates office or whose term of office will expire within 30 days. An Executive Director appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor was selected and appointed shall serve for the remainder of such term. (4) Consecutive terms.--No person shall serve as the Executive Director for more than 2 consecutive terms, excluding the term of the initial Executive Director. (5) Compensation.--The Board shall fix the Executive Director's compensation, benefits, and allowances. (6) Duties.--The Executive Director shall be responsible to the Board of Directors for-- (A) the management and administration of the Center, (B) the conduct of its day-to-day affairs and business, (C) the performance of its officers, agents, and employees, and (D) the establishment of an advisory board to assist the Executive Director with policy issues. (b) Additional Staff.--The Executive Director shall select and nominate for appointment by the Board such other senior officers, assistants, and employees as may be necessary for the transaction of the Center's business and subject to Board concurrence, fix their compensation and define their duties. Officers may be removed by the Executive Director for cause subject to the concurrence of the Board. Assistants and other employees may be removed by the Executive Director without Board concurrence. (c) FBI Staff.--To assist the Center in carrying out its functions and programs, the Director of the FBI may assign, on a full-time basis, not more than 4 FBI personnel to the Center on a nonreimbursable basis. Personnel so assigned will remain employees of the Federal Government for all purposes and will not become employees of the Center for any purpose. (d) Status.--Unless otherwise an employee of the Federal Government, officers and employees of the Center shall not be considered to be employees of the United States for any purpose. SEC. 7. FUNCTIONS. (a) In General.--In cooperation with the FBI, the Center, an educational entity, shall provide for the development of a rural law enforcement educational program through consultation with institutions of higher learning and the Board. The Center shall provide for-- (1) the development and delivery of management education and training, clearinghouse, evaluation, technical assistance, practical research and evaluation, and computer and forensic education and training for and to rural law enforcement agency personnel, including supervisory and executive managers; (2) the delivery of technical assistance, including research and studies into the causes and prevention of criminal activity, to rural law enforcement agencies; (3) equitable education opportunities; (4) the development, promotion, and voluntary adoption of national educational and training standards and accreditation certification programs for rural law enforcement agencies and personnel; (5) the development and dissemination of information designed to assist States and units of local government in small town and rural areas throughout the country; (6) grants to, and contracts with, Federal, State, and local government, units of local rural law enforcement, public and private agencies, educational institutions, organizations and individuals to carry out this subtitle; (7) the establishment and maintenance of a clearinghouse and information center for the collection, preparation, and dissemination of information on criminal justice and rural law enforcement, including programs for the prevention of crime and recidivism; (8) the delivery of assistance, in a consulting capacity, to criminal justice agencies in the development, establishment, maintenance, and coordination of programs, facilities and services, training, and research relating to crime in rural areas; (9) encouragement and assistance to Federal, State, and local government programs and services; (10) the development of technical education and training teams to aid in the development of seminars, workshops, education and training programs within the States and with the State and local agencies that work with small town and rural law enforcement managers; (11) conducting, encouraging, and coordinating research relating to law enforcement and criminal justice issues, including the causes, assessment, evaluation, analysis, and prevention of criminal activity; (12) the formulation and recommendation of rural law enforcement policy, goals, and standards applicable to involved criminal justice agencies, organizations, institutions, and personnel; and (13) the evaluation by institutions of higher learning for the purpose of encouraging programs of study for rural law enforcement. (b) Discretionary Activities.--The Center may-- (1) create an organizational structure with regional representation for the purpose of-- (A) delivering management education and training; (B) conducting research focused on small town and rural law enforcement needs; (C) providing technical assistance; (D) creating a clearinghouse focused on small town and rural law enforcement; (E) conducting evaluations for the benefit of small town and rural law enforcement; (F) providing education and training in forensics; and (G) providing education and training in computers; (2) confer with and request the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, and individuals; and (3) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates of compensation not to exceed the daily equivalent of the rate authorized for members of the Senior Executive Service, ES-6, Level V, as authorized by section 5352 of title 5, United States Code. SEC. 8. METHODS. In carrying out its functions under this section, the Center shall-- (1) utilize consensus building; and (2) work in cooperation with-- (A) small town and rural, non urban law enforcement agencies; (B) agencies of Federal, State, and local governments; and (C) institutions of higher learning, law enforcement associations and other not-for-profit organizations; (3) request and receive from other Federal departments and agencies such statistics, data, program reports, and other materials necessary for the Center to carry out its functions; (4) arrange with and reimburse the heads of other Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies; and (5) use the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, and individuals. SEC. 9. DEFINITIONS. For purposes of this Act: (1) The term ``Board'' means the Board of Directors of the National Center for Rural Law Enforcement. (2) The term ``Center'' means the National Center for Rural Law Enforcement. (3) The term ``Executive Director'' means the Executive Director of the National Center for Rural Law Enforcement. (4) The term ``FBI'' means the Federal Bureau of Investigation. (5) The term ``rural area'' means an area with a population of 25,000 or less. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $12,000,000 for fiscal year 1997; and (2) such sums as may be necessary for each of fiscal years 1998 through 2002.", "summary": "Rural Law Enforcement Assistance Act of 1997 - Authorizes the establishment of the National Center for Rural Law Enforcement as a private, nonprofit corporation for the purpose of assisting rural law enforcement agencies with management education and training, maintaining a clearinghouse, evaluation, technical assistance, research, computer and forensic education and training, and providing other support. Authorizes appropriations."}
{"article": "SECTION 1. AMENDMENTS TO REQUIRE NEW PENALTIES AND ADMINISTRATOR VERIFICATION OF ELIGIBILITY FOR SUBSIDY PROGRAMS. (a) Addition of Repayment Penalty.--Section 1001B of the Food Security Act of 1985 (7 U.S.C. 1308-2) is amended-- (1) in subsection (b), by striking ``the Secretary may for a period not to exceed 5 crop years deny the issuance of payments to the person or legal entity.'' and inserting ``the Secretary shall for a period not less than 5 years, or permanently, deny the issuance of payments to the person or legal entity.''; (2) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (3) after subsection (b), by inserting the following new subsection: ``(c) Repayment.--If a person or legal entity is determined under subsection (d) of section 1001D to be ineligible for benefits or payments, the person or legal entity shall reimburse the Secretary for the full amount of any benefit or payment described in subsection (b) of such section that the person or legal entity has already received while the person or entity was ineligible.''. (b) Addition of Income Verification and Enforcement Procedures.-- Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a) is amended by striking subsection (d) and inserting the following new subsection: ``(d) Income Verification and Enforcement.-- ``(1) Submission to administrator.--Within 30 days after receiving an application from a person or legal entity for a benefit described in subsection (b), the Secretary shall request the Administrator of the Internal Revenue Service (referred to in this subsection as the `Administrator') to verify the average adjusted gross income, average adjusted gross farm income, and average adjusted gross nonfarm income of the person or legal entity. The request for verification shall include the following: ``(A) The name of the person or legal entity. ``(B) The social security number or employer identification number of the person or legal entity. ``(C) Any other information that the Secretary determines to be relevant in assisting the Administrator in verifying the average adjusted gross income, average adjusted gross farm income, and average adjusted gross nonfarm income of the person or legal entity. ``(2) Administrator determination and denial of benefits.-- ``(A) Administrator determination.--Not later than 30 days after the receipt of a verification request under paragraph (1) or a request of redetermination under paragraph (3), the Administrator shall-- ``(i) determine whether the average adjusted gross income, average adjusted gross farm income, and average adjusted gross nonfarm income of the person or legal entity is within the applicable limitations established under subsection (b); and ``(ii) notify the Secretary of the results of such determination. ``(B) Denial of benefits.--Subject to paragraph (3), if the Administrator determines under subparagraph (A) that a person or legal entity does not comply with the applicable limitations set forth in subsection (b), the Secretary shall deny the issuance of applicable payments and benefits specified in subsection (b) to the person or legal entity, under similar terms and conditions as described in section 1001B. ``(3) Farm service agency reconsideration for ineligible applicants.-- ``(A) Submission of evidence to farm service agency.--A person or legal entity subject to denial of benefits under paragraph (2) may request a reconsideration of the denial by the Farm Service Agency office serving the location in which the person or legal entity resides or operates. The person or legal entity shall submit evidence, accompanied with a certification by a certified public accountant, to support the claim that the person or legal entity satisfies the income eligibility requirements under subsection (b). ``(B) Submission of evidence to administrator.--If the Farm Service Agency determines that the claim of the person or legal entity is supported by the evidence submitted under subparagraph (A), the Secretary shall submit the evidence to the Administrator for a second determination under paragraph (2)(A). ``(C) Time requirement.--The Farm Service Agency shall make the determination in subparagraph (B) within 30 days after the date on which the person or legal entity submits the evidence under subparagraph (A). ``(4) Limitation on redetermination.--A person or legal entity may not apply for more than one redetermination, as described under paragraph (3), a calendar year.''.", "summary": "Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to deny certain agricultural commodity payments for not less than five years, or permanently, to a person or legal entity that has knowingly engaged in, or aided in the creation of a fraudulent document, or failed to disclose material information relevant to the administration of such benefits. (Current law authorizes payment denial for up to five crop years.) Requires that a person or legal entity that received benefits while ineligible due to excess income repay such amounts fully. Directs the Secretary to request the Internal Revenue Service (IRS) to verify the income-related eligibility of a benefit applicant, and deny benefits to a person or entity determined to be ineligible. Authorizes Farm Service Agency reconsideration of a denial."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Pipeline Improvement and Preventing Spills Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--INFORMATION TRANSPARENCY Sec. 101. References to title 49, United States Code. Sec. 102. Notice to property owners and residents. Sec. 103. Facility operation information standards. Sec. 104. Availability of industry standards and procedures adopted in regulations by reference. Sec. 105. Considerations for identification of high-consequence areas. TITLE II--PIPELINE SPILL PREVENTION Sec. 201. Assessment of oil spill impacts and response in the Great Lakes. Sec. 202. Great Lakes Basin water crossing study and alternatives assessment. Sec. 203. Prohibition on transport of crude oil on Great Lakes. Sec. 204. Definition of worst case discharge. TITLE I--INFORMATION TRANSPARENCY SEC. 101. REFERENCES TO TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 102. NOTICE TO PROPERTY OWNERS AND RESIDENTS. Section 60102(c)(4) is amended by adding at the end the following: ``(C) Notice to property owners and residents.-- ``(i) In general.--Not later than 1 year after the date of enactment of this subparagraph, the Secretary shall prescribe minimum standards to require the owner or operator of a pipeline facility to notify all owners and residents of property located within 2,000 feet of a transmission line of the facility of-- ``(I) the proximity of the property to the transmission line; and ``(II) in the case of a transmission line located on private residential property, the specific location of the line on the property. ``(ii) Required information.--The notice under clause (i) shall include, at a minimum-- ``(I) a method for electronic access to the information described in clause (i) through the Geospatial Platform or such other Federal data archive as the Secretary considers appropriate; ``(II) information on how to obtain a map of the pipeline system through the National Pipeline Mapping System; and ``(III) such other information as the Secretary considers appropriate. ``(iii) Deadlines.--The notice under clause (i) shall be provided not later than 2 years after the date of enactment of this subparagraph and at least once every 3 years thereafter.''. SEC. 103. FACILITY OPERATION INFORMATION STANDARDS. Section 60102(d) is amended-- (1) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) in paragraph (3), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (3) in paragraph (5), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (4) by designating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and indenting appropriately; and (5) by striking ``The Secretary'' and all that follows through ``shall include--'' and inserting the following: ``(1) In general.--Subject to paragraph (2), not later than 1 year after the date of enactment of the Pipeline Improvement and Preventing Spills Act of 2015, the Secretary shall prescribe minimum standards under this section requiring an operator of a pipeline facility subject to this chapter-- ``(A) to maintain information related to operating the facility as required by the standards prescribed under this chapter; and ``(B) to provide that information, including any updates and changes, to the Secretary, State regulatory officials, State and local emergency responders, and such other entities as the Secretary considers appropriate. ``(2) Local emergency responders.--In the case of a local emergency responder, the Secretary shall provide the information described in subparagraphs (A), (B), (E), and (F) of paragraph (4) only to the extent applicable to the local district. ``(3) Maintenance.--The Secretary shall keep on file the information submitted to the Secretary under paragraphs (1) and (2). ``(4) Information.--The information shall include--''. SEC. 104. AVAILABILITY OF INDUSTRY STANDARDS AND PROCEDURES ADOPTED IN REGULATIONS BY REFERENCE. Section 60102 is amended by adding at the end the following: ``(q) Availability of Industry Standards and Procedures Adopted in Regulations by Reference.-- ``(1) In general.--The Secretary shall ensure that industry standards and procedures adopted by reference as part of the Federal pipeline safety regulatory program under this chapter are easily available to the public free of charge. ``(2) Application.--This subsection shall apply to regulations issued before, on, or after the date of enactment of this subsection.''. SEC. 105. CONSIDERATIONS FOR IDENTIFICATION OF HIGH-CONSEQUENCE AREAS. Section 60109 is amended by adding at the end the following: ``(g) Considerations for Identification of High-Consequence Areas.--In identifying high-consequence areas under this chapter, the Secretary shall consider-- ``(1) the age of the pipe; ``(2) whether the pipe at issue can be inspected using the most modern instrumented internal inspection devices; ``(3) whether the pipe at issue crosses open waters of the Great Lakes; and ``(4) the type of commodity (including the type and grade of petroleum product) being transported through the pipe.''. TITLE II--PIPELINE SPILL PREVENTION SEC. 201. ASSESSMENT OF OIL SPILL IMPACTS AND RESPONSE IN THE GREAT LAKES. (a) Assessment.-- (1) In general.--The Interagency Coordinating Committee on Oil Pollution Research, in consultation with the Secretary of the department in which the Coast Guard is operating, the Administrator of the Environmental Protection Agency, and the heads of other relevant agencies, shall-- (A) identify measures to respond to spills or leaks of oil in the Great Lakes; and (B) conduct an assessment of the effectiveness of such measures in preventing significant or substantial harm to the public health or welfare, including fish, shellfish, wildlife, public and private property, shorelines, and beaches of the Great Lakes system. (2) Elements.--The assessment required under paragraph (1) shall include-- (A) new scientific research on the impacts of a spill or leak of oil or a hazardous substance in fresh water under a wide range of meteorological and hydrological conditions, including an evaluation of the impacts of different types of petroleum, including synthetic oil from tar sands; (B) an evaluation of oil spill or leak prevention and response plans (including techniques to address submerged oil recovery and recovery in ice-choked waters) in order to identify vulnerabilities and existing threats to the Great Lakes system; and (C) recommendations to foster improvements to safety technologies, spill response planning, clean-up techniques, and environmental protection systems. (b) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Interagency Coordinating Committee on Oil Pollution Research shall submit to Congress a report on the results of the assessment required under subsection (a). SEC. 202. GREAT LAKES BASIN WATER CROSSING STUDY AND ALTERNATIVES ASSESSMENT. (a) Survey Required.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, working with pipeline facility owners, operators, and State governments, shall conduct a comprehensive water crossing survey of all intrastate and interstate hazardous liquid pipeline facilities that cross waterways in the Great Lakes Basin in the waters of the United States (as defined in the final rule of the Corps of Engineers and the Environmental Protection Agency entitled ``Clean Water Rule: Definition of `Waters of the United States''' (80 Fed. Reg. 37054; June 29, 2015)). (b) Elements.--The survey required under subsection (a) shall-- (1) produce a comprehensive map of all hazardous pipeline waterway crossings in the Great Lakes Basin, including lakes, rivers, and streams; (2) evaluate the condition and structural integrity of pipelines at each crossing, considering factors that include pipeline thickness, diameter, weld integrity, internal and external corrosion, age, pressure, control and shut-off valves, burial depths, water depths, currents, and ice cover; (3) identify risks of leak and rupture resulting from pipeline integrity failures, or any other vulnerability at the pipeline water crossings; (4) identify gaps in data and information that exist in the pipeline network in the Great Lakes Basin, and request information related to pipeline integrity or risks from owners and operators with facilities that cross lakes, rivers, and streams; and (5) produce recommendations to prevent future leaks, ruptures, and failures that could result in damage to waterways and natural resources in the Great Lakes Basin. (c) National Research Council Study.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall enter into a joint agreement with the National Research Council of the National Academies of Sciences to conduct a study in connection with the survey under this section. (2) Elements.--The study conducted under this subsection shall include-- (A) a study covering the elements described under paragraphs (4) and (5) of subsection (b); (B) consideration of ways in which review of facility response plans as required by the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and approval of permits under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) of future and existing pipelines that cross waterways in the Great Lakes Basin would help prevent spills in the Great Lakes; and (C) a risk assessment analysis for alternative transportation options to the hazardous liquid pipeline facility that crosses from the Upper Peninsula of Michigan to the Lower Peninsula of Michigan through the Straits of Mackinac, including-- (i) no action (status quo); (ii) rerouting; (iii) decommissioning and abandoning; (iv) replacing; (v) modifying operations (such as limiting pipeline product transport to only natural gas liquids); and (vi) other transportation means. SEC. 203. PROHIBITION ON TRANSPORT OF CRUDE OIL ON GREAT LAKES. Section 108 of the Federal Water Pollution Control Act (33 U.S.C. 1258) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Prohibition on Transport of Crude Oil on Great Lakes.-- Notwithstanding any other provision of law, effective beginning on the date of enactment of the Pipeline Improvement and Preventing Spills Act of 2015, crude oil (as that term is defined in section 2101 of title 46, United States Code) and crude oil derived from oil sands may not be transported on the Great Lakes by vessel (as that term is defined in section 3 of title 1, United States Code).''. SEC. 204. DEFINITION OF WORST CASE DISCHARGE. Section 311(a)(24)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)(24)(B)) is amended by inserting before the semicolon at the end the following: ``, including conditions in which waters that may receive a discharge are covered in whole or in part by ice''.", "summary": "Pipeline Improvement and Preventing Spills Act of 2015 This bill directs the Department of Transportation (DOT) to prescribe minimum standards to require the owner or operator of a pipeline facility to notify all owners and residents of property located within 2,000 feet of a transmission line of: the property's proximity to the line, and the line's specific location if it is on private residential property. DOT shall ensure that industry standards and procedures adopted as part of the federal pipeline safety regulatory program are easily available to the public free of charge. In identifying high-consequence areas, DOT shall consider specified features of a pipe, including its age, whether it can be inspected using the most modern instrumented internal inspection devices, whether it crosses open waters of the Great Lakes, and the type of commodity it transports. The Interagency Coordinating Committee on Oil Pollution Research shall: identify measures to respond to spills or leaks of oil in the Great Lakes; and assess their effectiveness in preventing significant or substantial harm to the public health or welfare. DOT shall: conduct a comprehensive water crossing survey of all intrastate and interstate hazardous liquid pipeline facilities that cross U.S. waterways in the Great Lakes Basin; and enter into a joint agreement with the National Research Council of the National Academies of Sciences to identify gaps in data and information in the Basin pipeline network, and make recommendations to prevent future leaks, ruptures, and failures that could result in damage to Basin waterways and natural resources. The Federal Water Pollution Control Act is amended to: prohibit vessel transportation of crude oil and crude oil derived from oil sands on the Great Lakes; and include in the meaning of "worst-case discharge," in the case of an offshore or onshore facility, the largest foreseeable discharge in adverse weather conditions (as in current law) in which waters that may receive a discharge are covered by ice."}
{"article": "SECTION 1. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25C the following new section: ``SEC. 25C. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $1,200 multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Applicable individual.-- ``(A) In general.--The term `applicable individual' means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 39\\1/2\\ month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements. ``(B) Individuals with long-term care needs.--An individual is described in this subparagraph if the individual is at least 6 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(2) Eligible caregiver.-- ``(A) In general.--A taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: ``(i) The taxpayer. ``(ii) The taxpayer's spouse. ``(iii) A brother or sister of the taxpayer. ``(iv) The mother or father of the taxpayer. ``(B) Special rules where more than 1 eligible caregiver.-- ``(i) In general.--If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. ``(ii) No agreement.--If each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in section 32(c)(5)) shall be treated as the eligible caregiver. ``(iii) Married individuals filing separately.--In the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)). ``(c) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of tax for the taxable year. ``(d) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months.''. (b) Conforming Amendments.-- (1) Section 6213(g)(2) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (L), by striking the period at the end of subparagraph (M) and inserting ``, and'', and by inserting after subparagraph (M) the following new subparagraph: ``(N) an omission of a correct TIN or physician identification required under section 25C(c) (relating to credit for taxpayers with long-term care needs) to be included on a return.''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for taxpayers with long-term care needs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.", "summary": "Amends the Internal Revenue Code to allow a tax credit for caregivers of individuals with long-term care needs in an amount equal to $1,200 for each such individual with respect to whom the taxpayer is an eligible caregiver for the taxable year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Chickasaw National Recreation Area Land Exchange Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) By provision 64 of the agreement between the United States and the Choctaws and Chickasaws dated March 21, 1902 (32 Stat. 641, 655-56), approved July 1, 1902, 640 acres of property were ceded to the United States for the purpose of creating Sulphur Springs Reservation, later known as Platt National Park, to protect water and other resources and provide public access. (2) In 1976, Platt National Park, the Arbuckle Recreation Area, and additional lands were combined to create Chickasaw National Recreation Area to protect and expand water and other resources as well as to memorialize the history and culture of the Chickasaw Nation. (3) More recently, the Chickasaw Nation has expressed interest in establishing a cultural center inside or adjacent to the park. (4) The Chickasaw National Recreation Area's Final Amendment to the General Management Plan (1994) found that the best location for a proposed Chickasaw Nation Cultural Center is within the Recreation Area's existing boundary and that the selected cultural center site should be conveyed to the Chickasaw Nation in exchange for land of equal value. (5) The land selected to be conveyed to the Chickasaw Nation holds significant historical and cultural connections to the people of the Chickasaw Nation. (6) The City of Sulphur, Oklahoma, is a key partner in this land exchange through its donation of land to the Chickasaw Nation for the purpose of exchange with the United States. (7) The City of Sulphur, Oklahoma, has conveyed fee simple title to the non-Federal land described as Tract 102-26 to the Chickasaw Nation by Warranty Deed. (8) The National Park Service, the Chickasaw Nation, and the City of Sulphur, Oklahoma, have signed a preliminary agreement to effect a land exchange for the purpose of the construction of a cultural center. (b) Purpose.--The purpose of this Act is to authorize, direct, facilitate, and expedite the land conveyance in accordance with the terms and conditions of this Act. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Federal land.--The term ``Federal land'' means the Chickasaw National Recreational Area lands and interests therein, identified as Tract 102-25 on the Map. (2) Non-federal land.--The term ``non-Federal land'' means the lands and interests therein, formerly owned by the City of Sulphur, Oklahoma, and currently owned by the Chickasaw Nation, located adjacent to the existing boundary of Chickasaw National Recreation Area and identified as Tract 102-26 on the Map. (3) Map.--The term ``Map'' means the map entitled ``Proposed Land Exchange and Boundary Revision, Chickasaw National Recreation Area'', dated September 8, 2003, and numbered 107/800035a. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. CHICKASAW NATIONAL RECREATION AREA LAND CONVEYANCE. (a) Land Conveyance.--Not later then 6 months after the Chickasaw Nation conveys all right, title, and interest in and to the non-Federal land to the United States, the Secretary shall convey all right, title, and interest in and to the Federal land to the Chickasaw Nation. (b) Valuation of Land to Be Conveyed.--The fair market values of the Federal land and non-Federal land shall be determined by an appraisal acceptable to the Secretary and the Chickasaw Nation. The appraisal shall conform with the Federal appraisal standards, as defined in the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference, 1992, and any amendments to these standards. (c) Equalization of Values.--If the fair market values of the Federal land and non-Federal land are not equal, the values may be equalized by the payment of a cash equalization payment by the Secretary or the Chickasaw Nation, as appropriate. (d) Conditions.-- (1) In general.--Notwithstanding subsection (a), the conveyance of the non-Federal land authorized under subsection (a) shall not take place until the completion of all items included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, except as provided in paragraph (2). (2) Exception.--The item included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, providing for the Federal land to be taken into trust for the benefit of the Chickasaw Nation shall not apply. (e) Administration of Acquired Land.--Upon completion of the land exchange authorized under subsection (a), the Secretary-- (1) shall revise the boundary of Chickasaw National Recreation Area to reflect that exchange; and (2) shall administer the land acquired by the United States in accordance with applicable laws and regulations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Chickasaw National Recreation Area Land Exchange Act of 2004 - Directs the Secretary of the Interior, not later than six months after the Chickasaw Nation conveys all interest in specified non-Federal land (formerly owned by the City of Sulphur, Oklahoma, located adjacent to the existing boundary of the Chickasaw National Recreation Area), to take specified Federal land (in that Area) into trust for the benefit of the Chickasaw Nation. Requires that the value of the Federal and non-Federal land be determined by an appraisal acceptable to the Secretary and the Chickasaw Nation. Directs that if the values of the lands are not equal they may be equalized through a cash equalization payment by the Secretary or the Chickasaw Nation. Conditions the land conveyance on the completion of all items included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, but makes inapplicable the item providing that the Federal land be taken into trust for the benefit of the Chickasaw Nation."}
{"article": "SECTION 1. SHORT TITLE; CONGRESSIONAL APPROVAL OF GAO FINDINGS. (a) Short Title.--This Act may be cited as the ``Immigration Anti- Discrimination Improvement Act of 1993''. (b) Congressional Approval of GAO Findings.--The Congress approves the findings of the Comptroller General contained in the General Accounting Office (GAO) report entitled ``Immigration Reform: Employer Sanctions and the Question of Discrimination'', dated March 29, 1990 (identification number GAO/GGD-90-92). SEC. 2. APPLICATION OF PENALTIES FOR VIOLATION OF ANTI-DISCRIMINATION PROVISIONS. (a) In General.--Section 274B(c) of the Immigration and Nationality Act (8 U.S.C. 1324b(c)) is amended by adding at the end the following new paragraph: ``(5) Use of funds.--Notwithstanding section 3302 of title 31, United States Code, all civil penalties collected under this section shall be credited to the appropriation to be used in carrying out this section.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to penalties assessed during fiscal years beginning with fiscal year 1994. SEC. 3. INCREASE IN BUDGET AUTHORIZATION FOR SPECIFIC ENFORCEMENT. In addition to any other accounts authorized to be appropriated, there are authorized to be appropriated for each fiscal year (beginning with fiscal year 1994), $10,000,000 for activities of regional offices of the Special Counsel for Immigration-Related Unfair Employment Practices within the Department of Justice. SEC. 4. ANNUAL REPORTS. Section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b) is amended by adding at the end the following new subsection: ``(m) Annual Reports.-- ``(1) GAO.--The Comptroller General shall submit to Congress each year a report concerning-- ``(A) the pervasiveness of unfair immigration- related employment practices described in subsection (a), and ``(B) enforcement under this section with respect to such practices. ``(2) Attorney general.--The Attorney General shall submit to Congress each year a report on the enforcement actions under this section (and under title VII of the Civil Rights Act of 1964) with respect to unfair immigration-related employment practices described in subsection (a).''. SEC. 5. RECEIPT OF CHARGES THROUGH DISTRICT OFFICES. Section 274B(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1324b(c)(4)) is amended by adding at the end the following: ``The Special Counsel shall provide for agreements with Federal and State agencies involved with enforcement of laws relating to prohibiting discrimination on the basis of national origin under which such agencies would receive charges respecting unfair immigration-related employment practices under this section and promptly forward such charges to the Special Counsel.''. SEC. 6. NATIONAL HOTLINE. Section 274B(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1324b(c)(2)) is amended by adding at the end the following new sentence: ``The Special Counsel shall establish a national, toll-free telephone service to receive charges of unfair immigration-related employment practices and otherwise provide for such outreach efforts as will educate the public concerning the provisions of this section.''. SEC. 7. TECHNICAL ASSISTANCE TO STATES AND LOCAL GOVERNMENTS. The Attorney General, through or in consultation with the Special Counsel for Immigration-Related Unfair Employment Practices, shall provide technical assistance to States and local governments concerning the provisions of section 274A and 274B of the Immigration and Nationality Act and the roles provided for receipt of charges of violations of such sections. SEC. 8. MONITORING PANEL. The Attorney General shall establish a monitoring panel, composed of citizens, representatives of the Mexican American Legal Defense and Education Fund, La Raza, and other community-based organizations, civil rights groups, public interest groups, and nonprofit foundations, to monitor the application of the anti-discrimination provisions in section 274B of the Immigration and Nationality Act and to report annually to the Attorney General and the Congress respecting such implementation. SEC. 9. DEPARTMENT FROM FEDERAL CONTRACTS AS ADDITIONAL SANCTION FOR PERVASIVE VIOLATORS. (a) In General.--Section 274B(g)(2) of the Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)) is amended by adding at the end the following new subparagraph: ``(E) Additional remedy.--If an administrative law judge determines that a person or entity has engaged in or is engaging in a pervasive pattern of unfair immigration-related employment practices, the judge may order the person or entity to be disqualified from being issued any contract under Federal law during a period of up to 1 year.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to unfair immigration-related employment practices occurring on or after the date of the enactment of this Act.", "summary": "Immigration Anti-Discrimination Improvement Act of 1993 - Expresses congressional approval of a specified General Accounting Office immigration employment discrimination report. Increases budget authority for Department of Justice regional offices of the Special Counsel for Immigration-Related Unfair Employment Practices. Amends the Immigration and Nationality Act with regard to unfair immigration-related employment provisions to: (1) authorize penalties collected under such provisions to be used in carrying out enforcement activities; (2) require inclusion of enforcement and related activities in certain reports to the Congress; (3) establish a national toll-free telephone hotline; (4) subject persons who engage in pervasive violations of such provisions to a one-year Federal contract disqualification; and (5) provide for District Office receipt of charges. Directs the Attorney General to appoint a citizens and community group panel, including members of specified Mexican-American organizations, to monitor the application of such anti-discrimination provisions and to report annually to the Attorney General and to the Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Grow Our Own Directive: Physician Assistant Employment and Education Act of 2015''. SEC. 2. PILOT PROGRAM TO PROVIDE EDUCATIONAL ASSISTANCE TO PHYSICIAN ASSISTANTS TO BE EMPLOYED AT THE DEPARTMENT OF VETERANS AFFAIRS. (a) Pilot Program.-- (1) In general.--The Secretary of Veterans Affairs shall carry out a pilot program to be known as the ``Grow Our Own Directive'' or ``G.O.O.D.'' pilot program (in this section referred to as the ``pilot program'') to provide educational assistance to certain former members of the Armed Forces for education and training as physician assistants of the Department of Veterans Affairs. (2) Information on pilot program.--The Secretary shall provide information on the pilot program to eligible individuals under subsection (b), including information on application requirements and a list of entities with which the Secretary has partnered under subsection (g). (b) Eligible Individuals.--An individual is eligible to participate in the pilot program if the individual-- (1) has medical or military health experience gained while serving as a member of the Armed Forces; (2) has received a certificate, associate degree, baccalaureate degree, master's degree, or postbaccalaureate training in a science relating to health care; (3) has participated in the delivery of health care services or related medical services, including participation in military training relating to the identification, evaluation, treatment, and prevention of diseases and disorders; and (4) does not have a degree of doctor of medicine, doctor of osteopathy, or doctor of dentistry. (c) Duration.--The pilot program shall be carried out during the five-year period beginning on the date that is 180 days after the date of the enactment of this Act. (d) Selection.-- (1) In general.--The Secretary shall select not less than 250 eligible individuals under subsection (b) to participate in the pilot program. (2) Priority for selection.--In selecting individuals to participate in the pilot program under paragraph (1), the Secretary shall give priority to the following individuals: (A) Individuals who participated in the Intermediate Care Technician Pilot Program of the Department that was carried out by the Secretary between January 2011 and February 2015. (B) Individuals who agree to be employed as a physician assistant for the Veterans Health Administration at a medical facility of the Department located in a community that-- (i) is designated as a medically underserved population under section 330(b)(3)(A) of the Public Health Service Act (42 U.S.C. 254b(b)(3)(A)); and (ii) is in a State with a per capita population of veterans of more than 9 percent according to the National Center for Veterans Analysis and Statistics and the United States Census Bureau. (e) Educational Assistance.-- (1) In general.--In carrying out the pilot program, the Secretary shall provide educational assistance to individuals participating in the pilot program, including through the use of scholarships, to cover the costs to such individuals of obtaining a master's degree in physician assistant studies or a similar master's degree. (2) Use of existing programs.--In providing educational assistance under paragraph (1), the Secretary shall use the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code, and such other educational assistance programs of the Department as the Secretary considers appropriate. (3) Use of scholarships.--The Secretary shall provide not less than 35 scholarships under the pilot program to individuals participating in the pilot program during each year in which the pilot program is carried out. (f) Period of Obligated Service.-- (1) In general.--The Secretary shall enter into an agreement with each individual participating in the pilot program in which such individual agrees to be employed as a physician assistant for the Veterans Health Administration for a period of obligated service specified in paragraph (2). (2) Period specified.--With respect to each individual participating in the pilot program, the period of obligated service specified in this paragraph for the individual is-- (A) if the individual is participating in the pilot program through a program described in subsection (e)(2) that specifies a period of obligated service, the period specified with respect to such program; or (B) if the individual is participating in the pilot program other than through a program described in such subsection, or if such program does not specify a period of obligated service, a period of three years or such other period as the Secretary considers appropriate for purposes of the pilot program. (g) Breach.-- (1) Liability.--Except as provided in paragraph (2), an individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (f) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Exception.--If an individual is participating in the pilot program through a program described in subsection (e)(2) that specifies a period of obligated service, the liability of the individual for failing to satisfy the period of obligated service under subsection (f) shall be determined as specified with respect to such program. (h) Mentors.--The Secretary shall ensure that a physician assistant mentor or mentors are available for individuals participating in the pilot program at each facility of the Veterans Health Administration at which a participant in the pilot program is employed. (i) Partnerships.--In carrying out the pilot program, the Secretary shall seek to partner with the following: (1) Not less than 15 institutions of higher education that-- (A) offer a master's degree program in physician assistant studies or a similar area of study that is accredited by the Accreditation Review Commission on Education for the Physician Assistant; and (B) agree-- (i) to guarantee seats in such master's degree program for individuals participating in the pilot program who meet the entrance requirements for such master's degree program; and (ii) to provide individuals participating in the pilot program with information on admissions criteria and the admissions process. (2) Other institutions of higher education that offer programs in physician assistant studies or other similar areas of studies that are accredited by the Accreditation Review Commission on Education for the Physician Assistant. (3) The Transition Assistance Program of the Department of Defense. (4) The Veterans' Employment and Training Service of the Department of Labor. (5) Programs carried out under chapter 41 of title 38, United State Code, for the purpose of marketing and advertising the pilot program to veterans and members of the Armed Forces who may be interested in the pilot program. (j) Administration of Pilot Program.--For purposes of carrying out the pilot program, the Secretary shall appoint or select within the Office of Physician Assistant Services of the Veterans Health Administration the following: (1) A Deputy Director for Education and Career Development of Physician Assistants who-- (A) is a physician assistant, a veteran, and employed by the Department as of the date of the enactment of this Act; (B) is responsible for-- (i) overseeing the pilot program; (ii) recruiting candidates to participate in the pilot program; (iii) coordinating with individuals participating in the pilot program and assisting those individuals in applying and being admitted to a master's degree program under the pilot program; and (iv) providing information to eligible individuals under subsection (b) with respect to the pilot program; and (C) may be employed in the field at a medical center of the Department. (2) A Deputy Director of Recruitment and Retention who-- (A) is a physician assistant, a veteran, and employed by the Department as of the date of the enactment of this Act; (B) is responsible for-- (i) identifying and coordinating the needs of the pilot program and assist the Secretary in providing mentors under subsection (h) to participants in the pilot program; and (ii) coordinating the staff of facilities of the Veterans Health Administration with respect to identifying employment positions and mentors under subsection (h) for participants in the pilot program; and (C) may be employed in the field at a medical center of the Department. (3) A recruiter who-- (A) reports directly to the Deputy Director of Recruitment and Retention; and (B) works with the Workforce Management and Consulting Office and the Healthcare Talent Management Office of the Veterans Health Administration to develop and implement national recruiting strategic plans for the recruitment and retention of physician assistants within the Department. (4) An administrative assistant, compensated at a rate not less than level GS-6 of the General Schedule, or equivalent, who assists with administrative duties relating to the pilot program in the Office of Physician Assistant Services and such other duties as determined by the Secretary to ensure that the Office runs effectively and efficiently. (k) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Secretary of Labor, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to Congress a report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include the following: (A) The extent to which the pilot program is effective in improving the ability of eligible individuals under subsection (b) to become physician assistants. (B) An examination of whether the pilot program is achieving the goals of-- (i) enabling individuals to build on medical skills gained as members of the Armed Forces by entering into the physician assistant workforce of the Department; and (ii) helping to meet the shortage of physician assistants employed by the Department. (C) An identification of such modifications to the pilot program as the Secretary of Veterans Affairs, the Secretary of Labor, the Secretary of Defense, and the Secretary of Health and Human Services consider necessary to meet the goals described in subparagraph (B). (D) An assessment of whether the pilot program could serve as a model for other programs of the Department to assist individuals in obtaining certification and employment in other health care fields. (l) Source of Amounts.--Not less than $8,000,000 of the amount necessary to carry out the pilot program shall be derived from amounts appropriated to the Department of Veterans Affairs before the date of the enactment of this Act. SEC. 3. ESTABLISHMENT OF STANDARDS FOR THE DEPARTMENT OF VETERANS AFFAIRS FOR USING EDUCATIONAL ASSISTANCE PROGRAMS TO EDUCATE AND HIRE PHYSICIAN ASSISTANTS. (a) In General.--The Secretary of Veterans Affairs shall establish standards described in subsection (b) to improve the use by the Department of Veterans Affairs of the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code, and other educational assistance programs of the Department, including the pilot program under section 2, to educate and hire physician assistants of the Department. (b) Standards.--The standards described in this subsection are the following: (1) Holding directors of medical centers of the Department accountable for failure to use the educational assistance programs described in subsection (a) and other incentives-- (A) to advance employees of the Department in their education as physician assistants; and (B) to improve recruitment and retention of physician assistants. (2) Ensuring that the Department of Veterans Affairs Education Debt Reduction Program under subchapter VII of chapter 76 of such title is available for participants in the pilot program under section 2 to fill vacant physician assistant positions at the Department, including by-- (A) including in all vacancy announcements for physician assistant positions the availability of the Education Debt Reduction Program; and (B) informing applicants to physician assistant positions of their eligibility for the Education Debt Reduction Program. (3) Monitoring compliance with the application process for educational assistance programs described in subsection (a) to ensure that such programs are being fully utilized to carry out this section. (4) Creating programs, including through the use of the Department of Veterans Affairs Employee Incentive Scholarship Program under subchapter VI of chapter 76 of such title, to encourage employees of the Department to apply to accredited physician assistant programs. (c) Regulations.--The Secretary shall prescribe such regulations as the Secretary considers appropriate to carry out this section. SEC. 4. ESTABLISHMENT OF PAY GRADES FOR PHYSICIAN ASSISTANTS OF THE DEPARTMENT OF VETERANS AFFAIRS AND REQUIREMENT TO PROVIDE COMPETITIVE PAY. (a) Establishment of Pay Grades.--Section 7404(b) of title 38, United States Code, is amended by adding at the end the following: ``PHYSICIAN ASSISTANT SCHEDULE ``Physician Assistant IV. ``Physician Assistant III. ``Physician Assistant II. ``Physician Assistant I.''. (b) Competitive Pay.--Section 7451(a)(2) of such title is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); (2) by inserting after subparagraph (A) the following new subparagraph (B): ``(B) Physician assistant.''; and (3) in subparagraph (C), as redesignated by paragraph (1), by striking ``and registered nurse'' and inserting ``registered nurse, and physician assistant''. (c) National Strategic Plan.-- (1) In general.--The Secretary of Veterans Affairs shall implement a national strategic plan for the retention and recruitment of physician assistants of the Department of Veterans Affairs that includes the establishment and adoption of standards for the provision of competitive pay to physician assistants of the Department in comparison to the pay of physician assistants in the private sector. (2) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the implementation of the national strategic plan under paragraph (1).", "summary": "Grow Our Own Directive: Physician Assistant Employment and Education Act of 2015 This bill directs the Department of Veterans Affairs (VA) to carry out the Grow Our Own Directive or G.O.O.D. pilot program to provide educational assistance to certain former members of the Armed Forces for education and training as VA physician assistants. An individual is eligible to participate in the program if the individual: has medical or military health experience gained while serving in the Armed Forces; has received a certificate, associate degree, baccalaureate degree, master's degree, or postbaccalaureate training in a science relating to health care; has participated in the delivery of health care services or related medical services; and does not have a degree of doctor of medicine, doctor of osteopathy, or doctor of dentistry. The VA shall: provide educational assistance to program participants for the costs of obtaining a master's degree in physician assistant studies or a similar master's degree, ensure that mentors are available for program participants at each VA facility at which a participant is employed, and seek to partner with specified government programs and with appropriate educational institutions that offer degrees in physician assistant studies. The VA shall: establish specified standards to improve the education and and hiring of VA physician assistants, and implement a national plan for the retention and recruitment of VA physician assistants that includes the adoption of competitive pay standards. VA physician assistant pay grades are established."}
{"article": "SECTION 1. SHORT TITLE. This Act may be referred to as the ``Satellite Home Viewer Protection Act of 1996''. SEC. 2. NOTICE TO SUBSCRIBERS. Section 119(a)(2) is amended by adding the following at the end: ``(D) Notice to subscribers.--A satellite carrier that makes secondary transmissions of a primary transmission made by a network station pursuant to subparagraph (A) shall, prior to providing service of broadcast signals under this title to a subscriber, provide the subscriber with a written statement describing and quoting the network territorial restrictions of subsections (a) (2), (5), (8), (9), and (10) of this section. Such statement shall describe the circumstances under which a subscriber may not be eligible for satellite service of a particular network station, and a subscriber's rights under subsection (a)(8) of this section. With respect to subscribers currently receiving broadcast signals under this title, the satellite carrier shall provide the written statement described in this subsection to such subscribers no later than 60 days after the enactment of this Act.''. SEC. 3. SIGNAL INTENSITY MEASUREMENT PROCEDURES. Section 119(a)(8) is amended as follows: (1) Subparagraph (A) is amended to read: ``(A) In general.--Subject to subparagraph (C), upon a challenge by a network station regarding whether a subscriber is an unserved household within the predicted grade B contour of the station, the satellite carrier shall, within 30 days after receipt of the challenge-- ``(i) inform the subscriber who is the subject of the challenge from the network station in writing that the network station has challenged the subscriber's receipt of the signal of the same network from the satellite carrier; and ``(ii) offer the subscriber the option of the satellite carrier conducting a measurement of the signal intensity of the subscriber's household to determine whether the household is an unserved household. If the subscriber does not request, in writing, the satellite carrier to conduct a signal intensity measurement within 30 days of notification of the challenge from the satellite carrier, the satellite carrier shall terminate service to that household of the signal that is the subject of the challenge, and within 30 days thereafter notify the network station that made the challenge that service to that household has been terminated. If the subscriber requests the satellite carrier to conduct a signal intensity measurement as described in clause (ii), the satellite carrier shall give reasonable notice to the network station issuing the challenge to the subscriber that the satellite carrier will be conducting a signal intensity measurement.''. (2) Subparagraph (B) is amended to read: ``(B) Effect of measurement; costs.--If the satellite carrier conducts a signal intensity measurement under subparagraph (A) and the measurement indicates that-- ``(i) the household is not an unserved household, the satellite carrier shall, within 60 days after the measurement is conducted, terminate the service to that household of the signal that is the subject of the challenge, and within 30 days thereafter notify the network station that made the challenge that service to that household has been terminated. In addition, the subscriber that requested the satellite carrier to conduct the measurement shall reimburse the satellite carrier for the costs of the measurement within 60 days after receipt of the measurement results and a statement of costs of the measurement; or ``(ii) the household is an unserved household, the station challenging the service shall reimburse the satellite carrier for the costs of the signal measurement within 60 days after receipt of the measurement results and a statement of the costs of the measurement. (3) Subparagraph (D) is deleted. SEC. 4. SIGNAL INTENSITY MEASUREMENT; ARBITRATION. Section 119(a)(11) is amended as follows: ``(11) Signal intensity measurement; arbitration.-- ``(A) Voluntary negotiation.--Satellite carriers and network broadcasters may negotiate the terms and conditions, including technical standards and costs, of the signal intensity measurement described in subsection (a)(8). A complete description of the agreed upon terms of the measurement shall be filed with the Register of Copyrights no later than 30 days after execution of the agreement. ``(B) Arbitration.--If satellite carriers and network broadcasters are unable to agree to the terms and conditions of the signal intensity measurement within 30 days after the enactment of this Act, they shall submit the matter to binding arbitration. Such arbitration shall be governed by the provisions of title 9 of the United States Code, and shall be completed and a decision rendered no later than 90 days after the enactment of this Act. The parties shall give notice to the Register of Copyrights of any determination reached by arbitration no later than 30 days after issuance of the determination. Such determination shall be dispositive. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act take effect on the date of enactment of this Act. (b) Transitional Signal Intensity Measurement Procedures.--The provisions of section 119(a)(8), relating to the transitional signal intensity measurements, shall cease to be effective on December 31, 1997.", "summary": "Satellite Home Viewer Protection Act of 1996 - Amends Federal copyright law to require a satellite carrier that makes secondary transmissions of a primary transmission by a network station, prior to providing broadcasting signals to a subscriber, to provide such subscriber with a written statement describing and quoting the network territorial restrictions related to such retransmission. Requires a satellite carrier, within 30 days of receipt of a challenge by a network station as to whether a subscriber is an unserved household within the predicted Grade B contour of such station, to: (1) inform the subscriber of the challenge; and (2) offer such subscriber the option of the satellite carrier conducting a measurement of the signal intensity of the subscriber's household to determine whether such household is an unserved household. Requires the satellite carrier to: (1) terminate service to such a household if its subscriber does not request a signal intensity measurement within 30 days of notification of the challenge from the satellite carrier; and (2) notify the network station that such service has been terminated. Outlines procedures to be taken after a signal measurement has been taken. Repeals a provision allowing a network station to challenge a subscriber outside the predicted Grade B contour of the network station. Authorizes satellite carriers and network broadcasters to negotiate the terms and conditions of the signal intensity measurement described under this Act. Requires a complete description of such agreement to be filed with the Register of Copyrights within 30 days after its execution. Provides for arbitration of such an agreement if the parties cannot agree to terms and conditions within 30 days after the enactment of this Act."}
{"article": "SECTION 1. CHILD WELFARE SERVICES. Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following: ``(11) provide that-- ``(A) the State shall not require any parent or legal guardian to transfer custody of a child in order to have the child placed outside the home of the parent or legal guardian, if the sole reason for the placement is the need to obtain services provided under the plan for the child's emotional, behavioral, or mental disorder or developmental or physical disability; ``(B) any such placement of a child shall be made pursuant to a voluntary placement agreement (as defined in section 472(f)(2)); ``(C) the State shall have responsibility for the placement of any child subject to a voluntary placement agreement (as so defined), and for the care of any child so placed; and ``(D) the State shall apply procedural safeguards to assure each child so placed of dispositional hearings of the type, and at the times, specified in section 475(5)(C).''. SEC. 2. FAMILY PRESERVATION AND SUPPORT SERVICES. (a) In General.--Section 432(a) of the Social Security Act (42 U.S.C. 632(a)) is amended by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively, and by inserting after paragraph (5) the following: ``(6) provides that-- ``(A) the State shall not require any parent or legal guardian to transfer custody of a child in order to have the child placed outside the home of the parent or legal guardian, if the sole reason for the placement is the need to obtain services provided through the State program under this subpart for the child's emotional, behavioral, or mental disorder or developmental or physical disability; ``(B) any such placement of a child shall be made pursuant to a voluntary placement agreement (as defined in section 472(f)(2)); and ``(C) the State shall have responsibility for the placement of any child subject to a voluntary placement agreement (as so defined), and for the care of any child so placed; and ``(D) the State shall apply procedural safeguards to assure each child so placed of dispositional hearings of the type, and at the times, specified in section 475(5)(C);''. (b) Conforming Amendment.--Section 432(b)(2)(A) of such Act (42 U.S.C. 632(b)(2)(A)) is amended by inserting ``(other than of subsection (a)(6))'' after ``this section''. SEC. 3. FOSTER CARE MAINTENANCE PAYMENTS. (a) In General.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) by striking ``and'' at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by adding at the end the following: ``(18) provides that-- ``(A) the State shall not require any parent or legal guardian to transfer custody of a child in order to have the child placed outside the home of the parent or legal guardian, if the sole reason for the placement is the need to obtain foster care maintenance payments for the child; ``(B) any such placement of a child shall be made pursuant to a voluntary placement agreement; and ``(C) the State shall have responsibility for the placement of any child subject to a voluntary placement agreement, and for the care of any child so placed.''. (b) Modification of Voluntary Placement Agreements.--Section 472(f)(2) of such Act (42 U.S.C. 672(f)(2)) is amended-- (1) by inserting ``legal'' before ``guardians'' each place such term appears; and (2) by inserting ``, and which does not transfer legal custody of the child to the State'' before the period. (c) Rule of Construction.--Section 474 of such Act (42 U.S.C. 674) is amended by adding at the end the following: ``(d) The provisions of this part, individually or in combination, shall not be construed to require a State to have legal custody of a child in order to receive payments under this part for services provided for the child outside the child's home.''. SEC. 4. MATERNAL AND CHILD HEALTH SERVICES. Section 505(a) of the Social Security Act (42 U.S.C. 705(a)) is amended-- (1) in paragraph (4), by striking ``and'' after the semicolon at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (5) the following paragraph: ``(6) provides that-- ``(A) the State shall not require any parent or legal guardian to transfer custody of a child in order to have the child placed outside the home of the parent or legal guardian, if the sole reason for the placement is the need to obtain services provided through the State under this title for the child's emotional, behavioral, or mental disorder or developmental or physical disability; ``(B) any such placement of a child shall be made pursuant to a voluntary placement agreement (as defined in section 472(f)(2)); ``(C) the State shall have responsibility for the placement of any child subject to a voluntary placement agreement (as so defined), and for the care of any child so placed; and ``(D) the State shall apply procedural safeguards to assure each child so placed of dispositional hearings of the type, and at the times, specified in section 475(5)(C).''. SEC. 5. MEDICAID. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) by striking ``and'' at the end of paragraph (61); (2) by striking the period at the end of paragraph (62) and inserting ``; and''; and (3) by inserting after paragraph (62) the following new paragraph: ``(63) provide that the State agency shall provide assurances satisfactory to the Secretary that-- ``(A) the State does not require any parent or legal guardian to transfer custody of a child in order to have the child placed outside the home of the parent or legal guardian, if the sole reason for the placement is the need to obtain medical assistance for the child under the State plan for the child's emotional, behavioral, or mental disorder or developmental or physical disability; ``(B) any such placement of a child shall be made pursuant to a voluntary placement agreement (as defined in section 472(f)(2)); ``(C) the State shall have responsibility for the placement of any child subject to a voluntary placement agreement (as so defined), and for the care of any child so placed; and ``(D) the State shall apply procedural safeguards to assure each child so placed of dispositional hearings of the type, and at the times, specified in section 475(5)(C).''. SEC. 6. SOCIAL SERVICES. Title XX of the Social Security Act (42 U.S.C. 1397-1397f) is amended by adding at the end the following: ``SEC. 2008. PROHIBITION AGAINST REQUIRING PARENTS TO SURRENDER CUSTODY OF THEIR CHILDREN IN ORDER TO OBTAIN SERVICES FOR SUCH CHILDREN. ``The Secretary shall not make any payment to a State under this title if the State does not have in effect laws and procedures which-- ``(1) prevent the State from requiring any parent or legal guardian to transfer custody of a child in order to have the child placed outside the home of the parent or legal guardian, if the sole reason for the placement is the need to obtain any service for the child for the child's emotional, behavioral, or mental disorder or developmental or physical disability, which is furnished in whole or in part through the use of funds provided under this title; ``(2) any such placement of a child shall be made pursuant to a voluntary placement agreement (as defined in section 472(f)(2)); ``(3) the State shall have responsibility for the placement of any child subject to a voluntary placement agreement (as so defined), and for the care of any child so placed; and ``(4) the State shall apply procedural safeguards to assure each child so placed of dispositional hearings of the type, and at the times, specified in section 475(5)(C).''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 1995.", "summary": "Amends the Social Security Act to prohibit States from requiring parents or legal guardians to transfer legal custody of their children for the sole purpose of obtaining public services for such children under certain provisions for: (1) child welfare services; (2) family preservation and support services; (3) foster care maintenance payments; (4) maternal and child health services; (5) Medicaid; and (6) block grants to States for social services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pathogen Reduction and Testing Reform Act of 2014''. SEC. 2. PRODUCTS CONTAINING CERTAIN PATHOGENS OR CONTAMINANTS ADULTERATED. (a) Meat and Meat Food Products.--Section 1(m) of the Federal Meat Inspection Act (21 U.S.C. 601(m)) is amended-- (1) in paragraph (1)-- (A) by inserting ``or a microbial pathogen that is associated with serious illness or death'' after ``which may render it injurious to health''; and (B) by inserting ``or such a microbial pathogen'' after ``added substance''; and (2) in paragraph (2)-- (A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; (B) by inserting after subparagraph (A) the following new subparagraph: ``(B) if it bears or contains a strain of a microbial pathogen, such as Campylobacter or Salmonella, that is resistant to not less than two critically important antibiotics for human medicine (as specified in the World Health Organization's list of Critically Important Antimicrobials);''; and (C) in subparagraph (E) (as redesignated by subparagraph (A)) by striking ``clause (B), (C), or (D)'' and inserting ``this subparagraph or subparagraph (C) or (D)''. (b) Poultry and Poultry Products.--Section 4(g) of the Poultry Products Inspection Act (21 U.S.C. 453(g)) is amended-- (1) in paragraph (1)-- (A) by inserting ``or a microbial pathogen that is associated with serious illness or death'' after ``which may render it injurious to health''; and (B) by inserting ``or such a microbial pathogen'' after ``added substance''; and (2) in paragraph (2)-- (A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; (B) by inserting after subparagraph (A) the following new subparagraph: ``(B) if it bears or contains a strain of a microbial pathogen, such as Campylobacter or Salmonella, that is resistant to not less than two critically important antibiotics for human medicine (as specified in the World Health Organization's list of Critically Important Antimicrobials);''; and (C) in subparagraph (E) (as redesignated by subparagraph (A)) by striking ``clause (B), (C), or (D)'' and inserting ``this subparagraph or subparagraph (C) or (D)''. (c) Eggs and Egg Products.--Section 4(a) of the Egg Products Inspection Act (21 U.S.C. 1033(a)) is amended-- (1) in paragraph (1)-- (A) by inserting ``or a microbial pathogen that is associated with serious illness or death'' after ``which may render it injurious to health''; and (B) by inserting ``or such a microbial pathogen'' after ``added substance''; and (2) in paragraph (2)-- (A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; (B) by inserting after subparagraph (A) the following new subparagraph: ``(B) if it bears or contains a strain of a microbial pathogen, such as Campylobacter or Salmonella, that is resistant to not less than two critically important antibiotics for human medicine (as specified in the World Health Organization's list of Critically Important Antimicrobials);''; and (C) in subparagraph (E) (as redesignated by subparagraph (A)) by striking ``clause (B), (C), or (D)'' and inserting ``this subparagraph or subparagraph (C) or (D)''. SEC. 3. TESTING FOR CERTAIN PATHOGENS OR CONTAMINANTS REQUIRED. (a) Meat and Meat Food Products.--The Federal Meat Inspection Act is amended by inserting after section 9 (21 U.S.C. 609) the following new section: ``SEC. 9A. TESTING FOR CERTAIN PATHOGENS OR CONTAMINANTS REQUIRED. ``Not later than one year after the date of the enactment of this section, the Secretary shall, for purposes of examinations or inspections conducted under this Act, establish sampling protocols and testing procedures using the methods and technologies the Secretary determines are most appropriate-- ``(1) to determine if meat and meat food products are adulterated within the meaning of paragraph (1) or (2)(B) of section 1(m); and ``(2) to prevent the use in commerce of any product that is determined to be so adulterated.''. (b) Poultry and Poultry Products.--The Poultry Products Inspection Act is amended by inserting after section 8 (21 U.S.C. 457) the following new section: ``SEC. 8A. TESTING FOR CERTAIN PATHOGENS OR CONTAMINANTS REQUIRED. ``Not later than one year after the date of the enactment of this section, the Secretary shall, for purposes of examinations or inspections conducted under this Act, establish sampling protocols and testing procedures using the methods and technologies the Secretary determines are most appropriate-- ``(1) to determine if poultry and poultry products are adulterated within the meaning of paragraph (1) or (2)(B) of section 4(g); and ``(2) to prevent the entry into or flow or movement in commerce of, or the burdening of commerce by, any such product that is determined to be so adulterated.''. (c) Egg and Egg Products.--The Egg Products Inspection Act is amended by inserting after section 7 (21 U.S.C. 1036) the following new section: ``SEC. 7A. TESTING FOR CERTAIN PATHOGENS OR CONTAMINANTS REQUIRED. ``Not later than one year after the date of the enactment of this section, the Secretary shall, for purposes of examinations or inspections conducted under this Act, establish sampling protocols and testing procedures using the methods and technologies the Secretary determines are most appropriate-- ``(1) to determine if eggs and egg products are adulterated within the meaning of paragraph (1) or (2)(B) of section 4(a); and ``(2) to prevent the entry into or flow or movement in commerce of, or the burdening of commerce by, any such product that is determined to be so adulterated.''. SEC. 4. REGULATIONS; EFFECTIVE DATE. (a) Regulations.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this Act. (b) Effective Date.--The amendments made by this Act shall apply with respect to meat and meat food products, poultry and poultry products, and eggs and egg products entering into interstate or foreign commerce on or after the date of the enactment of this Act.", "summary": "Pathogen Reduction and Testing Reform Act of 2014 - Amends the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to revise the definition of "adulterated" to make explicit the Department of Agriculture's (USDA's) authority to issue a recall of meat, poultry, and egg products that contain microbial pathogens associated with serious illness or death or are resistant to two or more antibiotics critically important for human medicine. Requires the USDA to establish sampling protocols and testing procedures necessary to determine if meat, poultry, and egg products are adulterated under this Act and to prevent the entry, flow, or movement of those products into commerce."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Developing Standards for Electronic Shipping Papers Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) The impacts of hazardous materials transportation incidents can be mitigated by effective response strategies, equipment, and training. (2) Shipping papers and manifests are essential tools for responding to incidents involving hazardous materials as they provide the disclosures needed to determine the proper response strategy. (3) While physical shipping papers must continue to be required under law in order to ensure that redundancies are in place to protect the safety of first responders, there should be efforts to modernize how hazardous materials information is disseminated. (4) The HM-ACCESS Program authorized in section 33005 of MAP-21 (49 U.S.C. 5121 note) is an important step for developing additional, innovative methods for disseminating hazardous material information electronically, but the pilot tests will not be completed until October 2015. (5) As transporters of hazardous materials in commerce deploy these innovative technologies on their own, efforts should be undertaken to ensure that best practices and voluntary standards are available until the HM-ACCESS pilot and subsequent rulemakings are completed so that transporters of hazardous materials will have guidelines to assist with their modernization effort while ensuring that first responders will have access to standardized information platforms and systems. SEC. 3. DEFINITIONS. In this Act: (1) Commerce and hazardous material.--The terms ``commerce'' and ``hazardous material'' have the meanings given such terms in section 5102 of title 49, United States Code. (2) Electronic shipping paper.--The term ``electronic shipping paper'' means an electronic version of the physical shipping paper that is-- (A) designed to convey the most current available hazard information required to be disclosed under section 5110(a) of title 49, United States Code; and (B) capable of being accessed instantaneously by emergency responders during an incident involving hazardous material being transported in commerce. SEC. 4. HAZARDOUS MATERIALS INFORMATION ADVISORY COMMITTEE. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation shall establish a Hazardous Materials Information Advisory Committee composed of members appointed by the Secretary. (b) Membership.--Members appointed by the Secretary under subsection (a) shall represent the following individuals and entities: (1) Fire services personnel and management. (2) Law enforcement and other appropriate enforcement personnel. (3) Other emergency response providers. (4) Persons who transport hazardous material by air, highway, rail, or water. (5) Persons who offer hazardous material in commerce for transport by air, highway, rail, or water. (6) Employees of persons who transport or offer for transportation hazardous material in commerce by air, highway, rail, or water. (7) The Coast Guard and other relevant agencies. (8) Other individuals and entities determined appropriate by the Secretary. (c) Duties.--Not later than 120 days after the establishment of the Hazardous Materials Information Advisory Committee under subsection (a), the Committee shall-- (1) develop a voluntary standard for the use of electronic shipping papers until a rulemaking has been completed; (2) establish a standardized curriculum for training first responders and enforcement officials in the use of electronic shipping papers and other alternative means of communicating hazardous materials information; (3) provide recommendations and best practices for the use of electronic shipping papers by first responders in varying circumstances and locations; (4) provide recommendations and best practices to assist persons transporting hazardous materials in commerce in implementing electronic shipping papers; and (5) assess potential issues during deployment phases, including first responder training, technology procurement issues and budget limitations, and biometrics. (d) Requirements.--In developing the best practices, standards, and findings under subsection (c), the Hazardous Materials Information Advisory Committee shall take into consideration-- (1) the scalability of information in its presentation to determine the most efficient means of conveying necessary information for emergency response personnel while allowing access to ancillary information relating to the transport of hazardous materials in order to ensure that information conveyed fits the intended need and the varying levels of first responder training; (2) access issues and spectrum issues for rural responders; (3) standardization of information to equipment to ensure consistency across modes; (4) providing data security and protection from unwanted manipulation in order to preserve the integrity of data entered by transporters of hazardous materials and accessed by bona fide first responders; (5) the need to develop a National Deployment Standard on biometrics and identifiers to ensure secure access for first responders; (6) the potential for the deployment of fail-safe redundancies linked to State, regional, and local 911 emergency centers; (7) the timing of implementation and methods for funding the implementation of electronic shipping papers devices and training; (8) updates and revisions to the Emergency Response Guidebooks; (9) existing technologies that are employed voluntarily by persons who transport hazardous materials in commerce by air, highway, rail, and water; and (10) the results of pilot tests being conducted in accordance with section 33005 of MAP-21 (49 U.S.C. 5121 note) and any interim recommendations issued by the persons administering such pilot tests. (e) Travel Expenses.--The Secretary may provide travel expenses, including per diem in lieu of subsistence, to a member appointed under subsection (b)(1), (b)(2), or (b)(3) in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Report.--Not later than 120 days after the date of enactment of this Act, the Hazardous Materials Information Advisory Committee shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report listing the best practices, standards, and findings developed under subsection (c).", "summary": "Developing Standards for Electronic Shipping Papers Act of 2014 - Directs the Secretary of Transportation (DOT) to establish a Hazardous Materials Information Advisory Committee to develop voluntary standards and best practices for first responders and enforcement officials in the use of electronic shipping papers in the event of a hazardous material transportation incident. Defines the term "electronic shipping paper" as an electronic version of the physical shipping paper conveying the most current available hazard information and capable of being accessed instantaneously by emergency responders during such an incident."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Secondary Payer Advancement, Rationalization, and Clarification Act'' or the ``SPARC Act''. SEC. 2. CLARIFICATION AND RATIONALIZATION OF MEDICARE PRESCRIPTION DRUG SECONDARY CLAIMS RESPONSIBILITY. (a) In General.--Section 1860D-2(a)(4) of the Social Security Act (42 U.S.C. 1395w-102(a)(4)) is amended to read as follows: ``(4) Secondary payor and recovery rights.-- ``(A) In general.-- ``(i) Application of secondary payor.--A prescription drug plan shall be secondary payor to any valid and collectible payment from a primary drug plan (as defined in clause (iv)) until such time as such primary drug plan pays a final settlement, judgment, or award to an individual enrolled under the prescription drug plan with regard to an injury or illness involved or otherwise terminates its ongoing responsibility for medical payments with respect to the individual. ``(ii) Limitation on parties making prescription drug plans primary.--A primary drug plan (as defined in clause (iv), other than a group health plan or multiemployer or multiple employer plan of, or contributed to by, an employer that has 20 or fewer employees for each working day in each of 20 or more calendar weeks in the calendar year involved or the preceding calendar year), a self-insured plan, a service benefit plan, a managed care organization, a pharmacy benefit manager, or other party that, by statute, contract, or agreement, is legally responsible for payment of a claim for a covered outpatient drug, in enrolling an individual or in making any payments for benefits to the individual or on the individual's behalf, may not take into account that the individual is enrolled under a prescription drug plan under this part or is eligible for or is provided coverage for covered part D drugs under this part. ``(iii) Limitation on secretarial claims through subrogation.--The Secretary shall not assert any claim on behalf or against a prescription drug plan, other than through the recovery from such a plan of amounts paid related to a covered part D drug event that has been repaid to the plan through a subrogation action. ``(iv) Primary drug plan defined.--In this paragraph, the term `primary drug plan' means, with respect to benefits for covered part D drugs, a group health plan or large group health plan (other than a group health plan or multiemployer or multiple employer plan of, or contributed to by, an employer that has 20 or fewer employees for each working day in each of 20 or more calendar weeks in the calendar year involved or the preceding calendar year), a workers' compensation law or plan, an automobile or liability insurance policy or plan (including a self-insured plan) or no- fault insurance insofar as such a plan, law, policy, or insurance provides such benefits, insofar as, under the provisions of section 1862(b)(2), such coverage would be treated as a primary plan if benefits for covered part D drugs were treated as benefits under parts A and B. For purposes of this clause, an entity that engages in a business, trade, or profession shall be deemed to have a self- insured plan if it carries its own risk (whether by a failure to obtain insurance, or otherwise) in whole or in part. ``(B) Recovery.--A prescription drug plan shall be subrogated (to the extent of payment made under this part by the plan for any covered part D drug before the date the plan received notice pursuant to subparagraph (D)) to any right of an individual or any other entity to payment, with respect to such covered part D drug, under a primary drug plan. A subrogation claim may not be asserted pursuant to this subparagraph by a prescription drug plan with respect to a payment for a covered part D drug after the date that is 3 years after the date such plan receives notice of a payment, with respect to such covered part D drug, pursuant to subparagraph (D). Any such subrogation claim shall be the exclusive legal remedy of the PDP sponsor of the plan and shall be reduced to take into account the cost of procuring the judgment or settlement with respect to such claim if an individual's liability, workers' compensation, or no-fault claim is disputed. Any costs or expense incurred by a prescription drug plan related to recoveries pursuant to this subparagraph shall not be considered an administrative cost or expense, as those terms are used in this part. ``(C) Waiver.--A prescription drug plan may waive (in whole or in part) the provisions of this paragraph in the case of an individual claim if the plan determines that the waiver is in the best interests of the program established under this part. ``(D) Coordination of benefits information.--Not later than 15 days after the date the Secretary receives information under paragraph (7) or (8) of section 1862(b) relating to an individual enrolled in a prescription drug plan during an applicable time, the Secretary shall provide such information to such prescription drug plan in a format convenient and accessible to such plans. The Secretary shall waive any requirements under this part that a prescription drug plan establish procedures for determining whether costs for part D eligible individuals are being reimbursed through insurance or otherwise or identify payers that are primary to the program under subparagraph (A)(ii) other than as required under this paragraph. ``(E) Coordination of benefits.--A prescription drug plan shall, in the case of receipt of a notice pursuant to subparagraph (D) related to an enrollee for whom a primary drug plan has reported on ongoing responsibility for medical costs pursuant to paragraph (7) or (8) of section 1862(b), authorize the provider of such covered part D drug to charge, in accordance with the charges allowed under the prescription drug plan, such primary drug plan for such covered part D drug related to or arising out of the treatment accident or injury subject to such notice (other than payments subject to a claim under subparagraph (B) or (F)) for the period in which the enrollee remains enrolled in such plan through the date upon which such primary drug plan has terminated such ongoing responsibility for medical payments. ``(F) Use of website to determine final reimbursement amount.-- ``(i) Notification of plans.--Not later than 10 days after the date the Secretary receives a notice under section 1862(b)(2)(B)(vii)(I) relating to an individual during the period the individual is enrolled in a prescription drug plan, the Secretary shall provide such notice to the plan. ``(ii) Statement by plan.-- ``(I) In general.--Not later than 20 days after the date a plan receives a notice under clause (i), the plan may provide the Secretary with a statement of any covered part D drug for which the plan seeks reimbursement, including the amount of such reimbursement. ``(II) Failure to provide statement.--The prescription drug plan shall be deemed to have waived its rights under subparagraph (B)-- ``(aa) in the case that the prescription drug plan does not provide such statement by such date, with respect to any covered part D drug provided to such individual with respect to such notice; and ``(bb) in the case that the prescription drug plan provides such statement by such date, with respect to any covered part D drug provided to such individual which was not identified in the notice. ``(iii) Inclusion of information on website.--The Secretary shall include any covered part D drug identified by a prescription drug plan pursuant to clause (ii) within the Secretary's statement of reimbursement amount on the website as described in section 1862(b)(2)(B)(vii). ``(iv) Collection.--The Secretary may collect (on behalf of a prescription drug plan) the reimbursement amount for covered part D drugs, as identified pursuant to clause (ii), from the individual involved or the primary drug plan pursuant to the procedures set forth under section 1862(b)(2)(B)(vii). Any such amounts collected by the Secretary for covered part D drugs shall be remitted directly by the Secretary to the appropriate prescription drug plan that enrolled the individual related to the notice during the applicable time period for which such individual was enrolled.''. (b) Clarification.--Section 1860D-2(b)(4)(D) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)(D)), is amended by striking ``third- party reimbursement.--'' and inserting ``third-party reimbursement.-- Solely for the purpose of applying the requirements of subparagraph (C)(ii):''. (c) Effective Date.--The amendment made by subsection (a) shall apply to drugs dispensed in years beginning more than 6 months after the date of the enactment of this Act.", "summary": "Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act This bill amends title XVIII (Medicare) of the Social Security Act to specify recovery rules with respect to secondary claims responsibility under the Medicare prescription drug benefit. Under current law, secondary payor provisions apply under the benefit in the same manner as they apply with respect to Medicare Advantage plans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ronald Reagan Memorial Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) Ronald Reagan is an American hero deserving of recognition by this and future generations of Americans and visitors from around the world. (2) As President, Ronald Reagan initiated policies that won the Cold War, protected and restored freedom and democracy around the globe, lowered taxes on American citizens, tamed the economic threats of inflation and economic stagnation, and ushered in an unprecedented era of peace and prosperity across the Nation, and his contributions merit permanent memorialization. (3) The legacies of Ronald Reagan include restoring faith in our system of democracy and capitalism, returning pride in being an American, and renewing the honor and decency of the American Presidency, and are deserving of national recognition. (4) The contributions of former President Ronald Reagan, and his status as a preeminent twentieth-century American statesman and one of the greatest American Presidents, merit and require a permanent memorialization alongside the other great American leaders memorialized on the Mall in the District of Columbia. SEC. 3. AUTHORIZATION OF RONALD REAGAN MEMORIAL; LOCATION AND DESIGN. (a) Authorization of Ronald Reagan Memorial.-- (1) In general.--The Ronald Reagan Memorial Commission is authorized to establish the Ronald Reagan Memorial in accordance with this Act, on Federal lands administered by the National Park Service in the District of Columbia. (2) Location.--The memorial shall be situated in a location that is-- (A) recommended by the Ronald Reagan Memorial Commission; and (B) in the area on the Mall west of the Capitol and east of the Lincoln Memorial, and within the area referred to in the Commemorative Works Act (40 U.S.C. 1001 et seq.) as Area I. (b) Duties of the National Capital Memorial Commission and the Secretary of the Interior.--The National Capital Memorial Commission and the Secretary of the Interior shall assist the members of the Ronald Reagan Memorial Commission-- (1) in the preparation of a recommendation to the Congress of a permanent location for the memorial; and (2) the selection of a design for the memorial and the grounds of the memorial. (c) Detail of Department of the Interior Employees.--The Secretary of the Interior shall detail to the Ronald Reagan Memorial Commission such support staff as are necessary to assist the members of the commission in carrying out its responsibilities. (d) Beginning of Process.--The Ronald Reagan Memorial Commission shall begin the process of recommending a location and selecting a design for the memorial no later than six months after the date of enactment of this Act. (e) Marker.-- (1) In general.--The Secretary shall erect, at the site approved by the Congress for the memorial, a suitable marker designating the site as the ``Future Site of the Ronald Reagan Memorial''. (2) Requirements.--The marker shall be-- (A) installed by the Secretary no later than 3 months after the date of the enactment of a law approving the location for the memorial; (B) no smaller than 3 feet square and constructed of durable material suitable to the outdoor environment; and (C) maintained at the location by the Secretary until the memorial is completed, dedicated, and open to the public. (f) Relationship to the Commemorative Works Act.--Sections 3(c), 7(a)(2), and 8(a)(1) of the Commemorative Works Act (40 U.S.C. 1003(c), 1007(a)(2), 1008(a)(1)) shall not apply to the memorial. SEC. 4. RONALD REAGAN MEMORIAL COMMISSION. (a) Establishment.--There is established a commission, to be known as the Ronald Reagan Memorial Commission. The commission shall-- (1) be comprised of-- (A) the Chairman of the National Capital Memorial Commission; (B) one member appointed by the Speaker of the House of Representatives by no later than 6 months after the date of the enactment of this Act; and (C) one member appointed by the majority leader of the Senate by no later than 6 months after the date of the enactment of this Act; (2) be chaired by one of its members, to be designated jointly by the Speaker of the House of Representatives and the majority leader of the Senate; (3) meet no later than one month after its members are appointed, and at such other times as may be necessary; and (4) be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). (b) Duties.--The Ronald Reagan Memorial Commission shall-- (1) raise necessary funds from private sector sources to design, construct, and maintain the memorial; (2) in cooperation with the National Capital Memorial Commission and the Secretary of the Interior, determine and recommend to the Congress a permanent location for the memorial; (3) select a design for the memorial from proposals solicited and accepted from qualified American architects; and (4) issue a report to the Congress and the President on its activities every six months after its first meeting, and issue a final report to the Congress and the President, including a recommended location and final design for the memorial, no later than February 6, 2002. SEC. 5. DEFINITIONS. In this Act: (1) Memorial.--The term ``memorial'' means the Ronald Reagan Memorial authorized by this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. Amend the title so as to read: ``A bill to authorize the establishment of a memorial to former President Ronald Reagan within the area in the District of Columbia referred to in the Commemorative Works Act as `Area I', to provide for the design and construction of such memorial, and for other purposes.''.", "summary": "Requires the Secretary to erect a suitable marker designating the\"Future Site of the Ronald Reagan Memorial\" which shall be maintained at the location until the memorial is open to the public. Establishes the Ronald Reagan Memorial Commission to: (1) raise necessary funds from appropriate private sector sources to design, construct, and maintain the memorial; (2) determine and recommend to Congress a permanent location for the memorial; (3) select a design for the memorial; and (4) report to Congress and the President on a recommended location and final design for the memorial no later than February 6, 2002."}
{"article": "SECTION 1. CONVEYANCES OF COVERED LAND. (a) Definitions.--In this Act: (1) County.--The term ``County'' means Mohave County, Arizona. (2) Covered land.--The term ``covered land'' means any Federal land or interest in Federal land in the County generally depicted on the Map as ``BLM (S + M) OMC Unpatented Mining Claims [4,276 acres]''. (3) Map.--The term ``Map'' means the map entitled ``Mineral Park Land Status Map'' and dated September 27, 2016. (4) Qualified entity.--The term ``qualified entity'' means, with respect to a portion of covered land-- (A) the owner of the mining claims, millsites, or tunnel sites on a portion of the covered land on the date of the enactment of this Act; (B) the lessee, or other successor in interest of the owner-- (i) with the right of possession of the mining claims, millsites, or tunnel sites on the covered land; (ii) that has paid (or whose agent has paid) the annual claim maintenance fee or filed a maintenance fee waiver on or before September 1, 2016, with the authority or consent of the owner, for the upcoming assessment year for the mining claims, millsites, or tunnel sites within the exterior boundary of the portion of covered land, as determined based on the claim maintenance fee records of the Bureau of Land Management as of the date of introduction of this Act; and (iii) that has the authority or consent of the owner to acquire the portion of covered land; or (C) a subsequent successor to the interest of a qualified entity in the covered land that has the authority or consent of the owner to acquire the portion of covered land. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Land Conveyances.-- (1) In general.--Subject to paragraph (3), notwithstanding the inventory and land use planning requirements of sections 201 and 202 or the sales provisions of section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712, 1713), not later than 180 days after the date of the enactment of this Act and subject to valid existing rights held by third parties and any mining claims, millsite, or tunnel site of a qualified entity applicable to the covered land, the Secretary shall offer for sale to qualified entities, for fair market value, the remaining right, title, and interest of the United States in and to the covered land. (2) Conveyance.--Not later than 1 year after the date of the acceptance of an offer under paragraph (1) by a qualified entity and completion of a sale for all or part of the covered land to a qualified entity, the Secretary, by delivery of an appropriate deed, patent, or other valid instrument of conveyance, shall convey to the qualified entity, all remaining right, title, and interest of the United States in and to the applicable portion of the covered land. (3) Merger.--Subject to valid existing rights held by third parties, on delivery of the instrument of conveyance to the qualified entity under paragraph (2), any prior interests in the locatable minerals and the right to use the surface for mineral purposes held by the qualified entity under a mining claim, millsite, tunnel site, or any other Federal land use authorization applicable to the covered land conveyed to the qualified entity, shall merge all right, title, and interest conveyed to the qualified entity by the United States under this section to ensure that the qualified entity receives fee simple title to the purchased covered land. (4) Appraisal to determine fair market value.--The Secretary shall determine the fair market value of the covered land to be conveyed under this subsection in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (B) the Uniform Standards of Professional Appraisal Practice. (5) Costs.--As a condition of the conveyance of the covered land under this section, the qualified entity shall pay all costs related to the conveyance of the covered land conveyed, including the costs of surveys and other administrative costs associated with the conveyance. (6) Map on file.--The Map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (7) Minor corrections.--The Secretary, in consultation with the County, may correct minor errors in the Map or a description of the covered land. (c) Termination.--The authority of the Secretary to sell covered land under this section shall terminate on the date that is 10 years after the date of the enactment of this Act.", "summary": "This bill directs the Department of the Interior to sell at fair market value specified rights, title, and interest to federal lands in Mohave County, Arizona (covered land), to qualified entities (i.e., the current owner of the mining claims, millsites, or tunnel site on the covered land, the lessee, or other successor in interest of the owner, or a subsequent successor in interest). A qualified entity shall receive fee simple title to such covered land. Interior shall determine the market value of the covered land in accordance with: the Federal Land Policy and Management Act of 1976, and the Uniform Standards of Professional Appraisal Practice. Interior's authority to sell covered land expires 10 years after the enactment of this bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans Want to Work Act''. SEC. 2. ADJUSTMENT TO FOURTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION. Section 4002(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``subsection (d)(1) (third-tier emergency unemployment compensation)'' and inserting ``subsection (f)(1) (fifth-tier emergency unemployment compensation)''. SEC. 3. FIFTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION. (a) In General.--Section 4002 of the Supplemental Appropriations Act, 2008, as amended by section 2, is further amended-- (1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; and (2) by inserting after subsection (e) the following new subsection: ``(f) Fifth-Tier Emergency Unemployment Compensation.-- ``(1) In general.--If, at the time that the amount added to an individual's account under subsection (d)(1) (third-tier emergency unemployment compensation) is exhausted or at any time thereafter, such individual's State is in an extended benefit period (as determined under paragraph (2)), such account shall be further augmented by an amount (hereinafter `fifth-tier emergency unemployment compensation') equal to the lesser of-- ``(A) 80 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual during the individual's benefit year under the State law; or ``(B) 20 times the individual's average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year. ``(2) Extended benefit period.--For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if-- ``(A) such a period would then be in effect for such State under section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) if such section did not include the requirement under paragraph (1)(A) thereof; or ``(B) such a period would then be in effect for such State under section 203(f) of such Act if-- ``(i) such section 203(f) were applied to such State (regardless of whether the State by law had provided for such application); and ``(ii) such section 203(f)-- ``(I) were applied by substituting `7.5' for `6.5' in paragraph (1)(A)(i) thereof; and ``(II) did not include the requirement under paragraph (1)(A)(ii) thereof. ``(3) Limitation.--The account of an individual may be augmented not more than once under this subsection.''. (b) Conforming Amendment to Non-Augmentation Rule.--Section 4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) by striking ``and (e)'' and inserting ``, (e), and (f)''; and (2) by striking ``or (e)'' and inserting ``, (e), or (f)''. (c) Coordination.--Section 4002(g) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as redesignated by subsection (a)(1), is amended by adding at the end the following new paragraphs: ``(3) Further coordination with extended compensation.-- Notwithstanding an election under section 4001(e) by a State to provide for the payment of emergency unemployment compensation prior to extended compensation, such State may pay extended compensation to an otherwise eligible individual prior to any emergency unemployment compensation under subsection (f) (by reason of the amendments made by section 3(a) of the Americans Want to Work Act), if such individual claimed extended compensation for at least 1 week of unemployment after the exhaustion of emergency unemployment compensation under this part (as this part was in effect on the day before the date of the enactment of this subsection). ``(4) Coordination with tiers iii, iv, and v.--If a State determines that implementation of the fifth-tier of emergency unemployment compensation by reason of the amendments made by sections 2 and 3 of the Americans Want to Work Act would unduly delay the prompt payment of emergency unemployment compensation under this title by reason of the amendments made by such Act, such State may elect to pay fourth-tier emergency unemployment compensation prior to the payment of fifth-tier emergency unemployment compensation until such time as such State determines that fifth-tier emergency unemployment compensation may be paid without undue delay. For purposes of determining whether an account may be augmented for fifth-tier emergency unemployment compensation under subsection (f), if a State makes the election described in the previous sentence, such State shall treat the date of exhaustion of fourth-tier emergency unemployment compensation as the date of exhaustion of third-tier emergency unemployment compensation if the date of exhaustion of fourth-tier emergency unemployment compensation is later than the date of exhaustion of third-tier emergency unemployment compensation.''. (d) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; and (2) by inserting after subparagraph (F) the following new subparagraph: ``(G) the amendments made by subsections (a), (b), and (c) of section 3 of the Americans Want to Work Act; and''. (e) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act. SEC. 4. EXTENSION OF PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS AND BUSINESS CREDIT FOR THE RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS. (a) Extension.--Section 3111(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010,'' in paragraph (1) and inserting ``during the applicable period with respect to employment'', (2) by striking ``January 1, 2011'' in paragraph (3) and inserting ``January 1, 2012'', (3) by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Applicable period.--For purposes of paragraph (1), the applicable period is-- ``(A) with respect to any qualified individual who begins employment after February 3, 2010, the period beginning after March 18, 2010, and ending on December 31, 2010, and ``(B) with respect to any qualified individual who begins employment after August 4, 2010, the period beginning on the day after the date of the enactment of this paragraph and ending on December 31, 2011.'', and (4) by inserting ``and 2011'' after ``2010'' in the heading thereof. (b) Railroad Retirement Taxes.--Section 3221(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010'' in paragraph (1) and inserting ``during the applicable period'', (2) by striking ``January 1, 2011'' in paragraph (3) and inserting ``January 1, 2012'', (3) by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Applicable period.--For purposes of paragraph (1), the applicable period is-- ``(A) with respect to any qualified individual who begins employment after February 3, 2010, the period beginning after March 18, 2010, and ending on December 31, 2010, and ``(B) with respect to any qualified individual who begins employment after August 4, 2010, the period beginning on the day after the date of the enactment of this paragraph and ending on December 31, 2011.'', and (4) by inserting ``and 2011'' after ``2010'' in the heading thereof. (c) Transfers to Certain Funds.--Section 101 of the Hiring Incentives to Restore Employment Act is amended-- (1) by inserting ``and section 4(a) of the Americans Want to Work Act'' after ``subsection (a)'' in subsection (c), and (2) by inserting ``and section 4(b) of the Americans Want to Work Act'' after ``paragraph (1)'' in subsection (d)(2). (d) Conforming Amendment.--The heading of section 102 of the Hiring Incentives to Restore Employment Act is amended by inserting ``and 2011'' after ``2010''. (e) Treatment of Temporary Census Workers.--Sections 3111(d)(3) and 3121(c)(3) of the Internal Revenue Code of 1986 are each amended by adding at the end the following new flush sentence: ``For purposes of subparagraph (B), employment by the Bureau of the Census as a temporary enumerator for the 2010 decennial census shall not be taken into account.''. (f) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by section 101 of the Hiring Incentives to Restore Employment Act. SEC. 5. INCREASE OF BUSINESS CREDIT FOR THE RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS. (a) In General.--Section 102 of the Hiring Incentives to Restore Employment Act (Public Law 111-147) is amended by adding at the end the following new subsection: ``(e) Increased Credit for Certain Long-Term Unemployed Workers.-- ``(1) In general.--In the case of a qualified long-term unemployed worker, the credit otherwise determined under subsection (a) (without regard to this subsection) with respect to such qualified long-term unemployed worker shall be increased by $1,000. ``(2) Qualified long-term unemployed worker.--For purposes of this subsection, the term `qualified long-term unemployed worker' means any qualified individual (as defined in section 3111(d)(3) or section 3221(c)(3) of the Internal Revenue Code of 1986)-- ``(A) who is a retained worker, ``(B) who certifies by signed affidavit, under penalties of perjury, that-- ``(i) such individual has not been employed during the 693-day period ending on the date such individual begins the employment with respect to which the individual is a qualified individual, or ``(ii) such individual has exhausted all unemployment insurance benefits under Federal or State law, if such benefits are exhausted in a period of less than 693 days, and ``(C) who begins employment with a qualified employer (as defined in section 3111(d)(2) or section 3221(c)(2) of the Internal Revenue Code of 1986) after the date of the enactment of this subsection and before January 1, 2012.''. (b) Effective Date.--The amendment made by this section shall apply to individuals beginning employment after the date of the enactment of this Act, in taxable years ending after such date.", "summary": "Americans Want to Work Act - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Requires a further additional Tier-5 period for deposits to an individual's EUCA if, at the time the amount added to such individual's account under the Act is exhausted or at any time thereafter, the individual's state is in an extended benefit period. Prescribes a formula for making such Tier-5 credits. Increases the figures in the basic EUC formula (the lesser of which shall be the amount credited): (1) from 50% to 80% of the total amount of regular compensation (including dependents' allowances) payable to the individual during the benefit year; and (2) from 13 to 20 times the individual's average weekly benefit amount for the benefit year. Prescribes a formula for determining if a state is in an extended benefit period. Allows the Tier-5 period augmentation to be applied to the individual's EUCA only once. Authorizes a state to pay extended compensation to an otherwise eligible individual before any further additional emergency unemployment compensation (EUC), if such individual claimed extended compensation for at least one week of unemployment after the exhaustion of additional EUC. Authorizes a state to elect to pay Tier-4 EUC before payment of Tier-5 EUC until the state determines that such Tier-5 EUC may be paid without undue delay. Amends the Internal Revenue Code to extend through December 31, 2011, the exemption of an employer from payment of employment taxes or railroad retirement taxes for individuals who begin employment after August 4, 2010. Excludes from account for Federal Insurance Contributions Act (FICA) tax purposes any employment by the Bureau of the Census as a temporary enumerator for the 2010 decennial census. Amends the Hiring Incentives to Restore Employment Act to allow an increase in the general business tax credit for the retention of a qualified long-term unemployed worker who: (1) is a retained worker; (2) certifies by signed affidavit that he or she has not been employed during a specified 693-day period or has exhausted all unemployment insurance benefits under federal or state law in less than 693 days; and (3) begins employment with a qualified employer after the enactment of this Act and before January 1, 2012."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Sports Antitrust Clarification Act of 1996''. SEC. 2. ACTIONS AUTHORIZED. (a) In General.--Notwithstanding any provision of the antitrust laws, and subject to section 3 and subsection (b) of this section, a professional sports league or its member franchises may establish and enforce rules and procedures for the purpose of deciding whether a member franchise may change its home territory. (b) Construction.--Nothing in this section shall be construed to exempt from the antitrust laws any conduct which would be unlawful under any antitrust law if engaged in by a single entity. SEC. 3. REQUIREMENTS FOR ANTITRUST PROTECTION. (a) In General.--This Act applies to a professional sports league and its member franchises if such league-- (1) establishes applicable rules and procedures to govern whether a member franchise may change its home territory that are available upon request to any interested party; (2) affords due process, including 180 days notice and an opportunity to be heard, to interested parties prior to deciding whether a member franchise may change its home territory; and (3) promotes comparable economic opportunities by sharing revenue among member franchises to account for disparities in revenue received or costs saved due to direct or indirect public benefits and subsidies, including publicly financed facilities, rent abatement, special tax treatment, favorable arrangements for parking, concessions, and other amenities, and other public benefits not generally available to businesses as a whole within the jurisdiction. (b) Rules and Procedures.--Rules and procedures established under subsection (a)(1) shall require consideration of various factors to protect the public interest, including-- (1) the extent to which fan support for a member franchise has been demonstrated through attendance, ticket sales, and television ratings, during the period in which the member franchise played in its home territory; (2) the extent to which the member franchise has, directly or indirectly, received public financial support through publicly financed facilities, rent abatement, special tax treatment, favorable arrangements for parking, concessions, and other amenities, and any other public benefits not generally available to businesses as a whole within the jurisdiction, and the extent to which such support continues; (3) the effect that relocation would have on contracts, agreements, and understandings between the member franchise and public and private parties; (4) the extent of any net operating losses experienced by the member franchise in recent years and the extent to which the member franchise bears responsibility for such losses; and (5) any bona fide offer to purchase the member franchise at fair market value, if such offer includes the continued location of such member franchise in its home territory. SEC. 4. JUDICIAL REVIEW. (a) Standard of Review.--The standard of judicial review shall be de novo in any action challenging the establishment and enforcement of rules and procedures for deciding whether a member franchise may change its home territory, except that the reviewing court shall give deference to actions of the professional sports league regarding compliance with paragraphs (1) and (3) of section 3(a). (b) Declaratory Actions.--A professional sports league or any interested party may seek a declaratory judgment with respect to whether paragraphs (1) and (3) of section 3(a) are adequately satisfied by the professional sports league for this Act to apply. (c) Limitation on Monetary Damages.--A judicial finding that a professional sports league did not comply with any provision of section 3 shall result only in further proceedings by the professional sports league and shall not result in liability under the antitrust laws or monetary damages, if-- (1) the professional sports league implemented a revenue sharing plan in a good faith attempt to comply with section 3(a)(3) prior to the specific dispute in issue; or (2) a prior declaratory judgment held that the revenue sharing plan of the professional sports league complied with section 3(a)(3). (d) Venue.--In any action challenging the establishment and enforcement of rules and procedures to decide whether a member franchise may change its home territory, venue shall be proper only in the United States District Court for the District of Columbia, except that-- (1) venue shall be proper only in the United States District Court for the Southern District of New York if the existing or proposed home territory of a member franchise is located within 100 miles of the United States District Court for the District of Columbia; and (2) venue shall be proper only in the United States District Court for the Northern District of Illinois if-- (A) the existing home territory of a member franchise is located within 100 miles of the United States District Court for the District of Columbia or the Southern District of New York; and (B) the proposed home territory of the member franchise is located within 100 miles of the United States District Court for the District of Columbia or the Southern District of New York. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``antitrust laws''-- (A) has the same meaning as in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section relates to unfair methods of competition; and (B) includes any State law comparable to the laws referred to in subparagraph (A); (2) the terms ``professional sports team'', ``team'', ``member franchise'', and ``franchise'' mean any team of professional athletes that is a member of a professional sports league; (3) the terms ``professional sports league'' and ``league'' mean-- (A) an association of 2 or more professional sports teams that governs the conduct of its members and regulates the contests and exhibitions in which such teams regularly engage; (B) whose decisions relating to franchise relocation would otherwise be subject to the antitrust laws; and (C) that has combined franchise revenues of more than $10,000,000 per year; (4) the term ``interested party'' means the member franchise at issue, local and State government officials, owners and operators of playing facilities, concessionaires, and others whose business relations would be directly and significantly affected by the franchise relocation at issue, and representatives of organized civic and fan groups; and (5) the term ``playing facility'' means the stadium, arena, or other venue in which professional sports teams regularly conduct their contests and exhibitions. SEC. 6. EFFECTIVE DATE. This Act applies to any action occurring on or after the date of enactment of this Act.", "summary": "Professional Sports Antitrust Clarification Act of 1996 - Permits a professional sports league or its member franchises to establish and enforce rules and procedures for deciding whether a member franchise may change its home territory, notwithstanding the antitrust laws. Specifies requirements for antitrust protection, including that the league promote comparable economic opportunities by sharing revenue among member franchises to account for disparities in revenue or savings due to public benefits and subsidies. Requires such franchise relocation rules and procedures to provide for consideration of various factors to protect the public interest, including: (1) fan support; (2) the extent of public financial support received; (3) the effect on existing contracts; (4) the extent of any net operating losses; and (5) any bona fide offer to purchase the franchise and keep it in its home territory. Provides for judicial review in actions challenging establishment or enforcement of such rules and procedures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Compact Impact Relief Act of 2016''. SEC. 2. FMAP ADJUSTMENT FOR AFFECTED JURISDICTIONS EQUIVALENT TO COMPACT MIGRANT EXPENDITURES. (a) Payment of Increased FMAP.--For calendar quarters beginning on or after January 1 of the first year beginning after the date of the enactment of this Act, the Secretary of Health and Human Services shall increase the FMAP for each affected jurisdiction (without regard for any limitation otherwise specified in section 1905(b) of such Act (42 U.S.C. 1396d(b))) by the number of percentage points estimated under subsection (d). (b) Estimation of Amount of Compact Migrant Expenditures.--For purposes of subsection (a), not later than 90 days before the beginning of the calendar quarter involved, the chief executive official of the affected jurisdiction shall submit to the Secretary of the Interior an estimation of the amount of compact migrant expenditures that will be made by such jurisdiction for such quarter. (c) Review by Secretary of the Interior.--Not later than 60 days before the beginning of the calendar quarter involved, the Secretary of the Interior shall review the estimation submitted by the chief executive official under subsection (b), make any appropriate adjustments, and submit to the Secretary of Health and Human Services a final estimated amount of compact migrant expenditures for such quarter. (d) Estimation and Notification by Secretary of HHS.-- (1) In general.--The Secretary of Health and Human Services shall estimate the number of percentage points that the FMAP for each affected jurisdiction would need to be increased for a calendar quarter to result in an increase in the amount of total Federal payments to the affected jurisdiction under title XIX of the Social Security Act for such quarter that is equivalent to the final estimated amount of compact migrant expenditures submitted under subsection (c) for such quarter. (2) Continued application of limitation.--In no case may the increase in the FMAP estimated by the Secretary of Health and Human Services under paragraph (1) result in the payments to an affected jurisdiction under title XIX of the Social Security Act that exceed the limitations under subsections (f) and (g) of section 1108 of such Act (42 U.S.C. 1308). (3) Notification.--Not later than 30 days before the beginning of the calendar quarter involved, the Secretary of Health and Human Services shall notify each such chief executive official of the increase in the FMAP estimated by the Secretary under this subsection for the affected jurisdiction involved. (e) Reconciling and Payment Adjustments.-- (1) Report by affected jurisdictions.--For each calendar quarter in which an increase in the FMAP is made for an affected jurisdiction under subsection (d), the chief executive official for the jurisdiction shall submit to the Secretary of the Interior an accounting of the total amount of compact migrant expenditures made by such jurisdiction for such quarter. Such accounting shall be submitted in such form and manner as the Secretary, in consultation with the Secretary of Health and Human Services, shall specify. (2) Review by the interior.--The Secretary of the Interior shall review each accounting submitted under paragraph (1) for accuracy, make any appropriate adjustments, and submit a final accounting of the amount of compact migrant expenditures for such quarter for each affected jurisdiction involved to the Secretary of Health and Human Services. (3) Adjustment by hhs.--The Secretary of Health and Human Services shall-- (A) review whether the increase in the FMAP for each affected jurisdiction under subsection (a) for a calendar quarter involved resulted in an increase in Federal payments to the affected jurisdiction under title XIX of the Social Security Act for such quarter in an amount that is equivalent to the final accounting of the amount of compact migrant expenditures submitted under paragraph (2) for such jurisdiction; and (B) subject to the limitations under subsection (f) and (g) of section 1108 of such Act (42 U.S.C. 1308), shall make appropriate adjustments to the FMAP for the affected jurisdiction for future quarters to account for any overpayment or underpayment occurring as a result of the increase in such FMAP under this section for the quarter involved for that jurisdiction. (f) Limitation of FMAP to 100 Percent.--In no case shall an increase in the FMAP applicable to an affected jurisdiction under this section result in an FMAP for that jurisdiction that exceeds 100 percent. (g) Rule of Construction.--This section shall not be construed as treating compact migrant expenditures as medical assistance under title XIX of the Social Security Act. (h) Definitions.--In this section: (1) Affected jurisdiction.--The term ``affected jurisdiction'' has the meaning given such term in section 104(e)(2) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921c(e)(2)). (2) Compact migrant expenditures.--(A) The term ``compact migrant expenditures'' means, for a calendar quarter with respect to an affected jurisdiction, the amount of non-Federal funds expended by such jurisdiction for items and services described in section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) for qualified nonimmigrants (as defined in section 104(e)(2) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921c(e)(2))) and related administrative costs. (B) Such term includes payments made by an affected jurisdiction to health care providers for health care items and services provided to qualified nonimmigrants described in subparagraph (A), if such payment is not made under a State plan under title XIX of the Social Security Act, and such payment is not made from any other source of Federal funds. (3) FMAP.--The term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), as determined without regard to this section. (i) Conforming Amendment.--Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by inserting ``subject to section 2 of the Compact Impact Relief Act of 2016,'' after `` 83 per centum, (2)''. SEC. 3. PAYMENTS RELATING TO ELEMENTARY AND SECONDARY EDUCATION OF CITIZENS OF FREELY ASSOCIATED STATES. (a) Purpose.--Section 8001 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701) is amended-- (1) in paragraph (4), by striking ``or''; (2) in paragraph (5), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(6) educate alien children admitted to the United States as citizens of one of the Freely Associated States.''. (b) Payments for Eligible Federally Connected Children.--Section 8003(a) of such Act (20 U.S.C. 7703(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (F), by striking ``or'' at the end; (B) in subparagraph (G), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(H) resided in the United States pursuant to an admission into the United States as a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau.''; and (2) in paragraph (2), by adding at the end the following: ``(G) Multiply the number of children described in paragraph (1)(H) by a factor of 1.25.''. (c) Authorization of Additional Funds for Eligible Federally Connected Children.--Section 8014 of such Act (20 U.S.C. 7714) is amended by adding at the end the following: ``(h) Additional Funding for Eligible Federally Connected Children.--For the purpose of making additional payments for federally connected children described in section 8003(a)(1) under this title, there are authorized to be appropriated $10,000,000 for fiscal year 2017 and for each succeeding fiscal year.''. SEC. 4. PREFERENCE FOR UNITED STATES CITIZENS OR NATIONALS FOR CERTAIN HOUSING FINANCIAL ASSISTANCE. Section 214(a)(7) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(a)(7)) is amended by striking ``within Guam'' and all that follows through the period at the end and inserting ``within Guam and the Commonwealth of the Northern Mariana Islands, any citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for assistance.''. SEC. 5. INDEPENDENT ASSESSMENT OF STRATEGIC IMPORTANCE OF RELATIONSHIP BETWEEN THE UNITED STATES AND THE MARSHALL ISLANDS, THE FEDERATED STATES OF MICRONESIA, AND PALAU. (a) In General.--The Secretary of State shall seek to enter into an agreement with an eligible organization to conduct an independent assessment of the strategic importance of the relationship between the United States and the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (b) Matters To Be Included.--The assessment required under subsection (a) shall include-- (1) an assessment of the relationships between the United States and the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau as a component of the Asia-Pacific re-balance and for the security and stability of the Asia-Pacific region; (2) an assessment of the capabilities, expertise, and shortfalls of United States Government agencies in effectively administering the Compact of Free Association between the United States and the Republic of the Marshall Islands, the Compact of Free Association between the United States and the Federated States of Micronesia, and United States financial support provided to the Republic of Palau, including recommendations on improvements to such capabilities, as required, and changes to processes or organizations that may be necessary; (3) recommendations regarding renewal and future administration of such Compacts and financial support; and (4) any other matters the eligible organization that enters into an agreement under this section determines to be appropriate. (c) Report Required.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the eligible organization that enters into an agreement under this section shall submit to the Secretary of State a report that shall include-- (A) the assessment required under subsection (a); (B) the matters to be included required under subsection (b); and (C) any other matters the Secretary determines to be appropriate. (2) Form.--The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex if necessary. (d) Obtaining Official Data.--The eligible organization that enters into an agreement under this section may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of such eligible organization, the head of that department or agency shall furnish that information to the eligible organization.", "summary": "Compact Impact Relief Act of 2016 This bill requires the Department of Health and Human Services to make quarterly increases in the federal medical assistance percentage, under title XIX (Medicaid) of the Social Security Act, to cover expenditures for medical assistance provided to qualified nonimmigrants under the Compact of Free Association by American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the State of Hawaii. The bill amends the Elementary and Secondary Education Act of 1965 to make local educational agencies eligible for impact aid (aid to jurisdictions that lose property tax revenue due to federal activities or location within tax-exempt federal areas) for educating alien children admitted to the United States as citizens of one of the Freely Associated States. The bill amends the Housing and Community Development Act of 1980 to grant a preference to citizens and nationals of the United States within Guam or the Commonwealth of the Northern Mariana Islands in the receipt of housing assistance over any non-resident alien. The bill directs the Department of State to contract with an eligible organization to conduct an independent assessment of the strategic importance of the relationship between the United States and the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Construction, Accountability, and Reform Act''. SEC. 2. EXTENSION OF AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT TO REPLACE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN AURORA, COLORADO. The Secretary of Veterans Affairs may carry out the major medical facility project to replace the medical center of the Department of Veterans Affairs in Aurora, Colorado, planned for under section 213(1) of the Veterans Health Care, Capital Asset, and Business Improvement Act of 2003 (Public Law 108-170; 117 Stat. 2049), in an amount not to exceed a total of $1,730,000,000. SEC. 3. PROHIBITION ON BONUSES UNTIL MAJOR MEDICAL FACILITY PROJECT TO REPLACE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN AURORA, COLORADO, IS OPERATIONAL. (a) Prohibition on Bonuses During Fiscal Years 2015 and 2016.-- During fiscal years 2015 and 2016, the Secretary of Veterans Affairs may not pay any bonus. (b) Prohibition on Bonuses Until Operation of Medical Center.--If the major medical facility project specified in section 2 to replace the Department of Veterans Affairs Medical Center in Aurora, Colorado, is not completed by September 30, 2016, the Secretary may not pay any bonus until the date on which the Secretary certifies to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives that such major medical facility project is fully operational. (c) Limitation on Bonuses.--During the fiscal year in which the Secretary may begin to pay a bonus pursuant to subsection (b), and each fiscal year thereafter through fiscal year 2024, the Secretary shall ensure that the aggregate amount of bonuses paid by the Secretary during each such fiscal year does not exceed $360,000,000. (d) Bonus Defined.--In this subsection, the term ``bonus'' means any bonus or award under chapter 45 or 53 of title 5, United States Code, or any other bonus or award authorized under such title or title 38, United States Code. (e) Conforming Repeal.--Section 705 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is repealed. SEC. 4. MANAGEMENT OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN AURORA, COLORADO. (a) Transfer of Construction Agent Responsibilities.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Secretary of the Army, acting through the Chief of Engineers, for the Army Corps of Engineers to carry out, on a reimbursable basis, the design, contract, construction management, and other similar services for the Aurora medical facility project. (2) Treatment of agreement.--The agreement entered into under paragraph (1) shall be subject to subsections (b) through (e) of section 1535 of title 31, United States Code. (b) Duties.-- (1) In general.--Under the agreement entered into under subsection (a), the Army Corps of Engineers may perform the project, design, contract, and construction management necessary to complete the work at the Aurora medical facility project that is remaining as of the date of the enactment of this Act. (2) New contracts.-- (A) In general.--The authority under paragraph (1) shall include the authority to enter into new contracts in accordance with the Federal Acquisition Regulation to fulfill construction agent responsibilities associated with the Aurora medical facility project. (B) Prime contractor.--The Secretary of the Army, acting through the Chief of Engineers, shall determine whether entering into a new contract agreement with the prime contractor as of the date of the enactment of this Act is consistent with the Federal Acquisition Regulation and in the best interests of the Federal Government. (3) Information required.--In accordance with subsection (d)(1), the Secretary of Veterans Affairs shall provide the Army Corps of Engineers with the information needed to ensure that the Army Corps of Engineers understands the requirements for the successful operation of the Aurora medical facility project. (c) Plans and Reports.-- (1) Completion plans.--Not later than 60 days after entering into the agreement under subsection (a), the Secretary of Veterans Affairs, based upon the advice of the Army Corps of Engineers provided under such agreement, shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives detailed plans, including estimated costs, to complete construction of the Aurora medical facility project. (2) Progress reports.--Not later than 180 days after entering into the agreement under subsection (a), and each 180- day period thereafter until the date on which the Aurora medical facility project is completed, the Secretary of Veterans Affairs, based on the advice of the Army Corps of Engineers provided under the agreement entered into under subsection (a), shall submit to the Committees on Veterans' Affairs of the House of Representatives and Senate a report detailing the progress on the Aurora medical facility project. (d) Cooperation.-- (1) Information.--The Secretary of Veterans Affairs shall provide the Army Corps of Engineers with any documents or information that the Army Corps of Engineers determines necessary to carry out subsections (a) and (b). (2) Assistance.-- (A) In general.--Upon request by the Army Corps of Engineers, the Secretary of Veterans Affairs shall provide to the Army Corps of Engineers any assistance that the Army Corps of Engineers determines necessary to carry out subsections (a) and (b). (B) No cost.--Any assistance provided under subparagraph (A) shall be at no cost to the Army Corps of Engineers. (e) Aurora Medical Facility Project Defined.--In this section, the term ``Aurora medical facility project'' means the major medical facility project specified in section 2 to replace the medical center of the Department of Veterans Affairs in Aurora, Colorado. SEC. 5. PROHIBITION ON SECRETARY OF VETERANS AFFAIRS CARRYING OUT MAJOR MEDICAL FACILITY PROJECTS. (a) Army Corps of Engineers.--Subchapter I of chapter 81 of title 38, United States Code, is amended by inserting after section 8103 the following new section: ``Sec. 8103A. Authority of Army Corps of Engineers to carry out major medical facility projects ``(a) Prohibition.--Notwithstanding any other provision of law, the Secretary may not carry out any major medical facility project. ``(b) Army Corps of Engineers.--Notwithstanding any other provision of law, the Secretary of the Army, acting through the Chief of Engineers, shall carry out all major medical facility projects for the Department. ``(c) Agreements.--(1) The Chief of Engineers shall enter into an agreement with the Secretary of Veterans Affairs to carry out, on a reimbursable basis, design, contract, construction management, and similar services for major medical facility projects pursuant to subsection (b). ``(2) Each agreement entered into under paragraph (1) shall be subject to subsections (b) through (e) of section 1535 of title 31. ``(d) Duties.--(1) Under an agreement entered into under subsection (c), the Army Corps of Engineers may perform the project, design, contract, and construction management necessary to complete the major medical facility project covered by the agreement, including entering into new contracts in accordance with the Federal Acquisition Regulation to fulfill construction agent responsibilities associated with such project. ``(2) The Secretary shall provide the Army Corps of Engineers with any documents or information needed for the Army Corps of Engineers to carry out major medical facility projects pursuant to subsection (b). ``(3) Upon request by the Army Corps of Engineers, the Secretary shall provide to the Army Corps of Engineers, at no cost to the Army Corps of Engineers, any assistance that the Army Corps of Engineers determines necessary to carry out major medical facility projects pursuant to subsection (b). ``(e) Major Medical Facility Project Defined.--In this section, the term `major medical facility project' has the meaning given that term in section 8104(a)(3)(A) of this title. ``(f) Applicability.--This section shall apply with respect to any major medical facility project that begins after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8103 the following new item: ``8103A. Authority of Army Corps of Engineers to carry out major medical facility projects.''. (c) Conforming Amendments.--Title 38, United States Code, is further amended-- (1) in section 312A(c)-- (A) in paragraph (1), by striking ``The Director of'' and inserting ``Except as provided by section 8103A of this title, the Director of''; and (B) in paragraph (2), by striking ``In carrying out'' and inserting ``Except as provided by section 8103A of this title, in carrying out''; (2) in section 8103(a), by striking ``section 8104'' and inserting ``sections 8103A and 8104''; (3) in section 8104, by adding at the end the following new subsection: ``(i) The Secretary shall carry out this section in accordance with section 8103A of this title, including with respect to obligating or expending funds described in this section.''; and (4) in section 8106-- (A) in subsection (a), by striking ``The Secretary may'' and inserting ``Subject to section 8103A of this title, the Secretary may''; (B) in subsection (b)(1), by striking ``The Secretary may'' and inserting ``Subject to section 8103A of this title, the Secretary may''; and (C) in subsection (c), by inserting ``(except under section 8103A)'' after ``this subchapter''. SEC. 6. COMPTROLLER GENERAL REPORT ON MANAGEMENT OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN AURORA, COLORADO. (a) Review.-- (1) In general.--The Comptroller General of the United States shall review the management by the Secretary of Veterans Affairs of the Aurora medical facility project, including with respect to the thoroughness and accuracy of the investigation into mismanagement conducted by the administrative investigation board established by the Secretary. (2) Elements.--The review required under paragraph (1) shall include a review of the following: (A) Any potential misconduct or criminal activity committed by employees of the Department of Veterans Affairs that may have contributed to the significant cost overruns of the Aurora medical facility project. (B) When senior officials of the Department knew, or should have known, that such project was likely to incur significant cost overruns. (C) The justification of the Secretary for withholding from Congress any information relating to the significant cost overruns of such project. (b) Report.--Not later than 180 days after the date on which the Secretary of Veterans Affairs concludes the investigation conducted by the administrative investigation board described in subsection (a), the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the results of the review required under such subsection. (c) Aurora Medical Facility Project Defined.--In this section, the term ``Aurora medical facility project'' means the major medical facility project specified in section 2 to replace the medical center of the Department of Veterans Affairs in Aurora, Colorado. SEC. 7. NOTIFICATION TO CONGRESS FOR USE OF FUNDS FOR MAJOR MEDICAL FACILITY PROJECTS THAT EXCEED AUTHORIZED AMOUNTS. Section 8104(c) of title 38, United States Code, is amended by striking ``30 days'' and inserting ``120 days''.", "summary": "Department of Veterans Affairs Construction, Accountability, and Reform Act This bill authorizes the Secretary of Veterans Affairs (VA) to carry out the Aurora medical facility project to replace the VA Medical Center in Aurora, Colorado. The Secretary may not pay any bonus during FY2015-FY2016. If the project to replace the VA Medical Center in Aurora, Colorado, is not completed by September 30, 2016, the Secretary may not pay any bonus until the date on which the Secretary certifies to Congress that such major medical facility project is fully operational. The aggregate amount of subsequent fiscal year bonuses is capped through FY2024. The Secretary shall enter into an agreement with the Secretary of the Army for the Army Corps of Engineers to carry out the design, contract, construction management, and other similar services for the Aurora project. The Secretary is prohibited from carrying out any major medical facility project. The Secretary of the Army, through the Chief of Engineers, shall carry out all major medical facility projects for the Department. The Government Accountability Office shall review the Secretary's management of the Aurora project. The Secretary must notify Congress at least 120 days (currently at least 30 days) before obligating funds for major medical facility projects that exceed authorized amounts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Estate Mortgage Investment Conduit Improvement Act of 2009''. SEC. 2. SPECIAL RULES FOR MODIFICATION OR DISPOSITION OF QUALIFIED MORTGAGES OR FORECLOSURE PROPERTY BY REAL ESTATE MORTGAGE INVESTMENT CONDUITS. (a) In General.--If a REMIC (as defined in section 860D(a) of the Internal Revenue Code of 1986) modifies or disposes of a troubled asset under the Troubled Asset Relief Program established by the Secretary of the Treasury under section 101(a) of the Emergency Economic Stabilization Act of 2008 or under rules established by the Secretary under section 3 of this Act-- (1) such modification or disposition shall not be treated as a prohibited transaction under section 860F(a)(2) of such Code, and (2) for purposes of part IV of subchapter M of chapter 1 of such Code-- (A) an interest in the REMIC shall not fail to be treated as a regular interest (as defined in section 860G(a)(1) of such Code) solely because of such modification or disposition, and (B) any proceeds resulting from such modification or disposition shall be treated as amounts received under qualified mortgages. (b) Termination of REMIC.--For purposes of the Internal Revenue Code of 1986, an entity which is a REMIC (as defined in section 860D(a) of the Internal Revenue Code of 1986) shall cease to be a REMIC if the instruments governing the conduct of servicers or trustees with respect to qualified mortgages (as defined in section 860G(a)(3) of such Code) or foreclosure property (as defined in section 860G(a)(8) of such Code)-- (1) prohibit or restrict (including restrictions on the type, number, percentage, or frequency of modifications or dispositions) such servicers or trustees from reasonably modifying or disposing of such qualified mortgages or such foreclosure property in order to participate in the Troubled Asset Relief Program established by the Secretary of the Treasury under section 101(a) of the Emergency Economic Stabilization Act of 2008 or under rules established by the Secretary under section 3 of this Act, (2) commit to a person other than the servicer or trustee the authority to prevent the reasonable modification or disposition of any such qualified mortgage or foreclosure property, (3) require a servicer or trustee to purchase qualified mortgages which are in default or as to which default is reasonably foreseeable for the purposes of reasonably modifying such mortgages or as a consequence of such reasonable modification, or (4) fail to provide that any duty a servicer or trustee owes when modifying or disposing of qualified mortgages or foreclosure property shall be to the trust in the aggregate and not to any individual or class of investors. (c) Effective Dates.-- (1) Subsection (a).--Subsection (a) shall apply to modification and dispositions after the date of the enactment of this Act, in taxable years ending on or after such date. (2) Subsection (b).-- (A) In general.--Except as provided in subparagraph (B), subsection (b) shall take effect on the date that is 3 months after the date of the enactment of this Act. (B) Exception.--The Secretary of the Treasury may waive the application of subsection (b) in whole or in part for any period of time with respect to any entity if-- (i) the Secretary determines that such entity is unable to comply with the requirements of such subsection in a timely manner, or (ii) the Secretary determines that such waiver would further the purposes of this Act. SEC. 3. ESTABLISHMENT OF A HOME MORTGAGE LOAN RELIEF PROGRAM UNDER THE TROUBLED ASSET RELIEF PROGRAM AND RELATED AUTHORITIES. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Treasury shall establish and implement a program under the Troubled Asset Relief Program and related authorities established under section 101(a) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211(a))-- (1) to achieve appropriate broad-scale modifications or dispositions of troubled home mortgage loans; and (2) to achieve appropriate broad-scale dispositions of foreclosure property. (b) Rules.--The Secretary of the Treasury shall promulgate rules governing the-- (1) reasonable modification of any home mortgage loan pursuant to the requirements of this Act; and (2) disposition of any such home mortgage loan or foreclosed property pursuant to the requirements of this Act. (c) Considerations.--In developing the rules required under subsection (b), the Secretary of the Treasury shall take into consideration-- (1) the debt-to-income ratio, loan-to-value ratio, or payment history of the mortgagors of such home mortgage loans; and (2) any other factors consistent with the intent to streamline modifications of troubled home mortgage loans into sustainable home mortgage loans. (d) Use of Broad Authority.--The Secretary of the Treasury shall use all available authorities to implement the home mortgage loan relief program established under this section, including, as appropriate-- (1) home mortgage loan purchases; (2) home mortgage loan guarantees; (3) making and funding commitments to purchase home mortgage loans or mortgage-backed securities; (4) buying down interest rates and principal on home mortgage loans; (5) principal forbearance; and (6) developing standard home mortgage loan modification and disposition protocols, which shall include ratifying that servicer action taken in anticipation of any necessary changes to the instruments governing the conduct of servicers or trustees with respect to qualified mortgages or foreclosure property are consistent with the Secretary of the Treasury's standard home mortgage loan modification and disposition protocols. (e) Payments Authorized.--The Secretary of the Treasury is authorized to pay servicers for home mortgage loan modifications or other dispositions consistent with any rules established under subsection (b). (f) Rule of Construction.--Any standard home mortgage loan modification and disposition protocols developed by the Secretary of the Treasury under this section shall be construed to constitute standard industry practice.", "summary": "Real Estate Mortgage Investment Conduit Improvement Act of 2009 - Establishes special rules for modification or disposition of a troubled asset (qualified mortgages or foreclosure property) under the Troubled Asset Relief Program (TARP) by real estate mortgage investment conduits (REMICs). Declares that: (1) such a modification or disposition shall not be treated as a prohibited transaction under the Internal Revenue Code; (2) an interest in the REMIC shall not fail to be treated as a regular interest solely because of such modification or disposition; and (3) any proceeds resulting from such modification or disposition shall be treated as amounts received under qualified mortgages. Specifies terms of the instruments governing the conduct of servicers or trustees with respect to qualified mortgages which shall terminates a REMIC. Directs the Secretary of the Treasury to establish and implement a home mortgage loan relief program under TARP."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Education Technology Corps Act'' or as the ``NET Corps Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Elementary and secondary school students who receive regular access in school to Internet-accessible computers enjoy higher quality educational opportunities and are better prepared to succeed in college or the workplace. (2) Local educational agencies have made extraordinary gains in the acquisition of computers and other information technology equipment for schools. The Department of Education reported in January 2001 that each school contains on average 100 computers. In 1999, 63 percent of school rooms used for the instruction of students had access to the Internet. (3) However, local educational agencies are dedicating almost all of their information technology resources to equipment acquisition, while information technology training for teachers and other school staff receives little financial support. A CEO Forum on Education and Technology study indicated that, in the 1997-1998 school year, schools expended just five percent of their information technology budget on teacher training. (4) The Department of Education reported in 1999 that only 33 percent of public school teachers with access to computers and the Internet indicated that they were ``well prepared'' to integrate the use of computers and the Internet into their instruction. (5) As new information technologies are introduced into classrooms, teachers will need regular access to professional technology training. (6) The Corporation for National and Community Service established by section 191 of the National and Community Service Act of 1990 (42 U.S.C. 12651) has a proven record of mobilizing the most intelligent, qualified, and altruistic members of our communities for the purpose of meeting our Nation's most urgent needs. (7) The Volunteers in Service to America program, commonly known as VISTA, which is administered by the Corporation to efforts to eliminate and alleviate poverty and poverty-related problems in the United States, would provide a ready means to facilitate the expanded use of information technology in schools, libraries, and community centers, particularly in low- income areas, and to provide information technology training for teachers and administrators of school, library, and community center information technology networks. SEC. 3. CREATION OF NATIONAL EDUCATION TECHNOLOGY CORPS AS A PART OF VISTA. The Domestic Volunteer Service Act of 1973 is amended by inserting after section 109 (42 U.S.C. 4959) the following new section: ``SEC. 109A. NATIONAL EDUCATION TECHNOLOGY CORPS. ``(a) Establishment.--As part of the Volunteers in Service to America program established under this part, the Director shall establish a National Education Technology Corps for the purpose of developing, strengthening, supplementing, and expanding efforts of the Federal Government, State and local governments, and public and nonprofit organizations to mobilize local, State, Federal, and private sector financial and volunteer resources-- ``(1) to improve the ability of teachers, staff, students, and other persons to use information technology in schools, libraries, and community centers; ``(2) to provide information technology training for teachers so that teachers can incorporate the use of computers and other information technologies in classroom instruction; and ``(3) to provide technical support to administrators of school, library, and community center information technology networks. ``(b) Recruitment of Volunteers.-- ``(1) Eligibility criteria.--In establishing the recruitment procedures under section 103(b) applicable to the selection and placement of volunteers for service in the National Education Technology Corps, the Director shall limit selection to individuals-- ``(A) who already have sufficient experience or expertise regarding information technology and its uses to permit their prompt participation in the types of activities described in subsection (a); or ``(B) who, with minimal additional training (as determined by the Director), would be ready to participate in such activities. ``(2) Relationship to americorps.--A participant in a national service program assisted under subtitle C of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.), commonly known as the Americorps program, may be selected to also serve in the National Education Technology Corps if the participant meets the eligibility criteria in paragraph (2). ``(c) Placement.-- ``(1) In general.--The Director shall assign volunteers selected for the National Education Technology Corps to projects and programs that utilize volunteers to perform the types of activities described in subsection (a). Such programs and projects may be administered by public or private nonprofit agencies and organizations, community-based nonprofit organizations, local and State education agencies, local and State agencies administering information technology programs, educational institutions, libraries, and local, municipal, and State governmental entities. ``(2) Technology plan.--A volunteer serving in the National Education Technology Corps may not be assigned to a school to perform services described in subsection (a) unless the school, or a local educational agency on behalf of the school, submits to the Director a technology plan that-- ``(A) outlines the goals for the school's education technology; and ``(B) complies with such guidelines as the Director may establish. ``(3) Placement priority.--In the assignment of volunteers under this section, the Director shall give priority consideration to programs and projects to assist schools that-- ``(A) are located in urban or rural areas with the highest concentrations of illiteracy and of low income individuals and families; or ``(B) have been unable to secure assistance for information technology improvements and training from other sources. ``(d) Partnerships With Qualified Nonprofit Organizations.--The Director is authorized and encouraged to enter into partnerships with qualified nonprofit organizations that undertake the types of services described in subsection (a) for schools, libraries, and community centers to support and expand the efforts of these organizations. ``(e) Coordination With Department of Education.--The Director shall coordinate with the Secretary of Education in the training of volunteers for the National Education Technology Corps to ensure that the activities undertaken by the volunteers under this section is consistent with the educational needs of schools. ``(f) Agreements with Private Sector.--The Director may enter into an agreement with a private sector business under which an employee of the business who has experience or expertise regarding information technology and its uses will assist, without financial remuneration from the Director, on a full-time or part-time basis-- ``(1) the National Education Technology Corps and programs and projects that receive volunteers to undertake the types of activities described in subsection (a); and ``(2) the Director in the training of National Education Technology Corps volunteers. ``(g) Effect of Funding Reduction.--In any fiscal year in which the services provided under this part are reduced, the services provided under this section shall be proportionately reduced.''. SEC. 4. INCOME TAX CREDIT FOR ASSISTANCE PROVIDED TO NATIONAL EDUCATION TECHNOLOGY CORPS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 45D the following new section: ``SEC. 45E. NATIONAL EDUCATION TECHNOLOGY CORPS ASSISTANCE. ``(a) General Rule.--For purposes of section 38, the National Education Technology Corps assistance credit determined under this section for the taxable year is an amount equal to 20 percent of the sum of -- ``(1) the wages paid or incurred by the taxpayer during the taxable year for qualified employee services, and ``(2) the amount allowed as a deduction under section 170 for the taxable year for qualified contributions. ``(b) Maximum Credit.-- ``(1) National limitation.--The amount of credit determined under this section for all taxable years beginning in a calendar year shall not exceed $75,000,000. ``(2) Taxpayer limitation.--The amount of credit determined under this section for a taxpayer for a taxable year shall not exceed the portion of the national limitation under paragraph (1) for the calendar year in which such taxable year begins which is allocated by the National Education Technology Corps to such taxpayer for such year. ``(3) Per employee limit.--The credit determined under this section with respect to services performed by an employee during a taxable year shall not exceed $25,000 (or such lesser amount determined under paragraph (2)). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified employee services.--The term `qualified employee services' means any service furnished by an employee of the taxpayer through the National Education Technology Corps, either directly as a volunteer in the National Education Technology Corps or as a participant in a National Education Technology Corps partnership entered into under section 109A(d) of the Domestic Volunteer Service Act of 1973. ``(2) Qualified contribution.--The term `qualified contribution' means any contribution of tangible personal property to or for the benefit of the National Education Technology Corps. ``(3) Wages.--The term `wages' has the meaning given to such term by section 51. ``(d) Controlled Groups.--Rules similar to the rules of section 1397(b) shall apply for purposes of this section.''. (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45E(a),'' after ``45A(a),''. (c) Credit Made Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(14) the National Education Technology Corps assistance credit determined under section 45E(a).''. (2) Limitation on carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(10) No carryback of national education technology corps assistance credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45E may be carried back to any taxable year ending before the date of the enactment of this paragraph.''. (3) Deduction for certain unused business credits.-- Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (8), by striking the period at the end of paragraph (9) and inserting ``, and'', and by adding after paragraph (9) the following new paragraph: ``(10) the National Education Technology Corps assistance credit determined under section 45E.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45D the following new item: ``Sec. 45E. National Education Technology Corps assistance.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "National Education Technology Corps Act (NET Corps Act) - Amends the Domestic Volunteer Service Act of 1973 to establish a National Education Technology Corps (NET Corps) as part of the Volunteers in Service to America (VISTA) program, using VISTA volunteers and others with appropriate expertise, in partnerships to facilitate use of information technology in schools, libraries, and community centers.Amends the Internal Revenue Code to establish a business-related tax credit for employers for assistance to the NET Corps through their employees' services either as volunteers or as participants in partnerships."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``CJ's Home Protection Act of 2008''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) nearly 20,000,000 Americans live in manufactured homes, which often provide a more accessible and affordable way for many families to buy their own homes; (2) manufactured housing plays a vital role in providing housing for low- and moderate-income families in the United States; (3) NOAA Weather Radio (NWR) is a nationwide network of radio stations broadcasting continuous weather information directly from a nearby National Weather Service (NWS) office, and broadcasts NWS warnings, watches, forecasts, and other all- hazard information 24 hours a day; (4) the operators of manufactured housing communities should be encouraged to provide a safe place of shelter for community residents or a plan for the evacuation of community residents to a safe place of shelter within a reasonable distance of the community for use by community residents in times of severe weather, including tornados and high winds, and local municipalities should be encouraged to require approval of these plans; (5) the operators of manufactured housing communities should be encouraged to provide a written reminder semiannually to all owners of manufactured homes in the manufactured housing community to replace the batteries in their weather radios; and (6) weather radio manufacturers should include, in the packaging of weather radios, a written reminder to replace the batteries twice each year and written instructions on how to do so. SEC. 3. FEDERAL MANUFACTURED HOME INSTALLATION STANDARDS. Section 605 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5404) is amended by adding at the end the following new subsection: ``(d) Weather Radios.-- ``(1) Provision of installation instructions.--A manufacturer shall provide with each manufactured home (other than a manufactured home affixed to a permanent foundation), instructions for the installation of a weather radio required under this section. ``(2) Model installation standards.--The Federal manufactured home installation standards established by the Secretary under this section shall require that each manufactured home (other than a manufactured home affixed to a permanent foundation) shall be installed with a weather radio inside the manufactured home that-- ``(A) is capable of broadcasting emergency information relating to local weather conditions; ``(B) is equipped with a tone alarm; ``(C) is equipped with Specific Alert Message Encoding, or SAME technology; and ``(D) complies with Consumer Electronics Association (CEA) Standard 2009-A (or current revision thereof) Performance Specification for Public Alert Receivers. ``(3) Responsibility of manufactured home installers.--It shall be the duty of manufactured home installers to ensure that manufactured homes (other than manufactured homes affixed to a permanent foundation) are supplied and installed with a weather radio required under this subsection. ``(4) Definition of affixed to a permanent foundation.--For purposes of this subsection, the term `affixed to a permanent foundation' has the meaning given that term in the Department of Housing and Urban Development's publication entitled `Permanent Foundations Guide For Manufactured Housing' dated September 1996. ``(5) Liability protections.-- ``(A) Immunity for manufacturers.--Manufacturers of manufactured homes shall be immune from common law civil liability for any aspect of the installation, furnishing, function, operation, performance, capabilities, or utilization of the weather radio mandated by the Federal manufactured home installation standards promulgated in accordance with this subsection, including any instructions related thereto. ``(B) Immunity for installers.--Manufactured home installers shall be immune from common law civil liability for any aspect of the installation, furnishing, function, operation, performance, capabilities, or utilization of the weather radio mandated by the Federal manufactured home installation standards promulgated in accordance with this subsection, including any instructions related thereto. ``(C) Immunity for retailers.--Retailers of manufactured homes shall be immune from common law civil liability for any aspect of the installation, furnishing, function, operation, performance, capabilities, or utilization of the weather radio mandated by the Federal manufactured home installation standards promulgated in accordance with this subsection, including any instructions related thereto. ``(D) Immunity for operators of housing communities.--Any reminder, assistance, or instructions provided by the operator of a manufactured housing community concerning the function of a weather radio contained in a manufactured home shall not subject the operator, an owner or employee of the manufactured home community, or the manufacturer of the manufactured home to liability for the functionality of that weather radio. ``(6) Exemption for modular homes.-- ``(A) In general.--The installation standards required to be established under paragraph (2) shall not apply to modular homes. ``(B) Definition of modular home.--For purposes of this paragraph, the term `modular home' has the meaning given such term in the law of the State in which the modular home is located.''. SEC. 4. ESTABLISHMENT. Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the consensus committee established pursuant to section 604(a)(3) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5304(a)(3)) shall develop and submit to the Secretary of Housing and Urban Development a proposed Federal manufactured home installation standards required under section 605(d) of such Act (as added by the amendment made by section 3 of this Act). Notwithstanding section 604(a)(5)(B) of such Act, the Secretary of Housing and Urban Development shall issue a final order promulgating the standard required by such section 605(i) not later than the expiration of the 90-day period beginning upon receipt by the Secretary of the proposed standard developed and submitted by the consensus committee. SEC. 5. STUDY. The Secretary of Housing and Urban Development shall conduct a study regarding conditioning the applicability of the requirement under the amendment made by section 3 of this Act (relating to the installation of weather radios in manufactured homes) on the geographic location at which a manufactured home is placed, but only to the extent that such requirement applies to new manufactured homes and new site- built homes. In conducting such study and making determinations under to the study, the Secretary shall take into consideration severe weather conditions, such as high winds and flooding, and wind zones and other severe weather data available from the National Weather Service. Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Secretary shall complete the study and submit a report regarding the results of the study to the Committee on Banking, Housing, and Urban Affairs of the Senate and to the Committee on Financial Services of the House of Representatives.", "summary": "CJ's Home Protection Act of 2008 - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise federal standards for manufactured homes (other than one affixed to a permanent foundation) to require each such home to be installed with a weather radio: (1) capable of broadcasting emergency information relating to local weather conditions; (2) equipped with a tone alarm and Specific Alert Message Encoding, or SAME technology; and (3) compliant with the Consumer Electronics Association (CEA) Standard 2009-A Performance Specification for Public Alert Receivers (or its current revision). Shields from common law civil liability: (1) manufacturers, installers, or retailers of manufactured homes for any aspect of the installation, furnishing, function, operation, performance, capabilities, or utilization of such a weather radio; and (2) the operator, owner, or employee of a manufactured home community, or the home manufacturer, with respect to the functionality of such a radio owing to any reminder, assistance, or instructions the community operator provides. Exempts modular homes from such installation standards. Requires the consensus committee established under such Act to develop and submit to the Secretary of Housing and Urban Development a proposed standard for installed weather radios. Requires the Secretary to study and report to specified congressional committees on conditioning the applicability of the weather radio installation requirement on the geographic location at which a manufactured home is placed."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bodegas as Catalysts for Healthy Living Act''. SEC. 2. GRANTS FOR SMALL BUSINESSES AND CONSUMER EDUCATION AND OUTREACH. (a) Program Required.--The Administrator of the Small Business Administration shall carry out a program under which the Administrator makes grants to any of the following: (1) A locally-based organization that represents small business concerns. (2) A local redevelopment agency that is chartered, established, or otherwise sanctioned by a State or local government. (b) Use of Grant Amounts.--The recipient of a grant under this section shall use the grant amounts for one or more of the following activities: (1) To provide, to independently owned and operated small business concerns, such as bodegas and corner stores, assistance (such as assistance in purchasing appropriate equipment, or assistance in hiring and training personnel) in expanding their inventory to include one or more of the following products: (A) Fresh fruits and vegetables. (B) Healthy alternatives (as defined by the Department of Agriculture) such as whole milk alternatives, pure fruit juices, and products with 0 grams of transfat). (2) To provide, to community-based organizations, such as community health centers, assistance in carrying out consumer education and outreach activities to encourage the purchase of such products, such as by informing communities about the health risks associated with high-calorie, low-exercise lifestyles and the benefits of healthy living. (c) Collaboration Required.--A small business concern may receive assistance in expanding inventory under subsection (b)(1) only if the small business concern works in collaboration with one or more community-based organizations in expanding that inventory. A community- based organization may receive assistance in carrying out activities under subsection (b)(2) only if the community-based organization works in collaboration with one or more small business concerns in carrying out those activities. (d) Maximum Grant.--A grant under this section may not exceed $100,000. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007. SEC. 3. COVERAGE OF ADDITIONAL PRIMARY CARE AND PREVENTIVE SERVICES UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Medicare Program.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (s)(2), by adding at the end the following new subparagraph: ``(BB) additional primary and preventive services described in subsection (ccc);''; and (B) by adding at the end the following new subsection: ``Additional Primary and Preventive Services ``(ccc) The term `additional primary and preventive services' means such primary and preventive services that are not otherwise covered under this title as the Secretary shall specify when provided by qualified providers, as specified by the Secretary. Such term includes the following: ``(1) Services for the prevention and treatment of obesity and obesity-related disease. ``(2) Supervised exercise sessions. ``(3) Exercise stress testing for the purpose of exercise prescriptions. ``(4) Lifestyle modification education. ``(5) Culinary arts education for the purpose of promoting proper nutrition.''. (2) Conforming amendments.--(A) Section 1862(a)(1) of such Act (42 U.S.C. 1395y(a)(1)) is amended-- (i) by striking ``and'' at the end of subparagraph (M); (ii) by adding ``and'' at the end of subparagraph (N); and (iii) by adding at the end the following new subparagraph: ``(O) in the case of additional primary care and preventive services, which are performed more frequently than the Secretary may specify;''. (B) Section 1833(b)(5) of such Act (42 U.S.C. 1395l(b)(5)) is amended by inserting ``or additional primary care or preventive services (as defined in section 1861(ccc))'' after ``(jj))''. (b) Medicaid Program.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (27); (2) by redesignating paragraph (28) as paragraph (29); and (3) by inserting after paragraph (27) the following new paragraph: ``(28) additional primary care and preventive services (as defined in section 1861(ccc)) which are not otherwise covered under this subsection; and''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first calendar quarter beginning after the date of the enactment of this Act, with regard to whether regulations to implement such amendments are in effect as of such date.", "summary": "Bodegas as Catalysts for Healthy Living Act - Directs the Administrator of the Small Business Administration to make grants to local organizations that represent small business concerns and local redevelopment agencies to assist: (1) independently owned and operated small businesses, such as bodegas and corner stores, in expanding their inventories to include fresh fruits and vegetables and healthy alternatives (as defined by the Department of Agriculture); and (2) community-based organizations, such as community health centers, in carrying out consumer outreach and education programs to encourage the purchase of fresh fruits, vegetables, and healthy alternatives and to inform communities about health risks and the benefits of healthy living. Requires small businesses and community-based organizations to collaborate in carrying out the purposes of this Act. Limits grant amounts to $100,000. Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to cover additional primary and preventive services relating to obesity treatment and prevention, supervised exercise sessions, stress testing, lifestyle modification education, and nutrition education."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2013''. SEC. 2. DEFINITIONS. As used in this Act: (1) Covered dwelling unit.--The term ``covered dwelling unit'' means a dwelling unit that-- (A) is a detached single family house, a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures), or a ground- floor unit in a building of three or fewer dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C) was designed, constructed, or commissioned, contracted or otherwise arranged for construction, by any person or entity who, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity; and (D) is made available for first occupancy after the expiration of the one-year period beginning on the date of the enactment of this Act. (2) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or any program or activity or such agencies, through any grant, loan, contract, or any other arrangement, after the expiration of the one-year period beginning on the date of the enactment of this Act, including-- (i) grants, subsidies, or any other funds; (ii) services of Federal personnel; (iii) real or personal property or any interest in or use of such property, including-- (I) transfers or leases of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not returned to the Federal Government; (iv) any tax credit, mortgage or loan guarantee or insurance; and (v) community development funds in the form of obligations guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); or (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (3) Person or entity.--The term ``person or entity'' includes one or more individuals, corporations (including not- for-profit corporations), partnerships, associations, labor organizations, legal representatives, mutual corporations, joint-stock companies, trusts, unincorporated associations, trustees, trustees in cases under title 11 of the United States Code, receivers, and fiduciaries. SEC. 3. VISITABILITY REQUIREMENT. It shall be unlawful for any person referred to in section 2(1)(C) with respect to a covered dwelling unit to fail to ensure that such dwelling unit contains at least one level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (ANSI) Standards for Accessible and Usable Buildings and Facilities (1005-ICC ANSI A117.1-2009) and any future revisions thereto. SEC. 4. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--Each applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for such assistance that all of its programs and activities will be conducted in compliance with this Act. (b) Approval of Architectural and Construction Plans.-- (1) Submission.--Any applicant for or recipient of Federal financial assistance for a covered dwelling unit shall submit for approval the architectural and construction plans for such unit to the State or local department or agency that is responsible, under applicable State or local law, for the review and approval of construction plans for compliance with generally applicable building codes or requirements (in this subsection referred to as the ``appropriate State or local agency''). (2) Determination of compliance.-- (A) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted pursuant to paragraph (1) and approving or disapproving such plans based upon compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until such compliance is determined. (B) Condition of federal housing assistance.--The Secretary of Housing and Urban Development may not provide any Federal financial assistance under any program administered by such Secretary to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary, taking the enforcement actions under subparagraph (A). (c) Civil Action for Private Persons.-- (1) Action.--Any person aggrieved by an act or omission that is unlawful under this Act may commence a civil action in an appropriate United States district court or State court against any person or entity responsible for any part of the design or construction of a covered dwelling unit no later than two years after the occurrence or termination of the alleged unlawful conduct under this Act. (2) Liability.--In any action under this subsection for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local department or agency-- (A) if such approved plans violate this Act and any construction on such dwelling that violates this Act was performed in accordance with such approved plans, such State or local department or agency shall be liable for such construction in violation; and (B) if such approved plans comply with this Act and any construction on such dwelling violates this Act, the person or entity responsible for the construction shall be liable for such construction in violation. (d) Enforcement by Attorney General.--Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated this Act, the Attorney General may commence a civil action in any appropriate United States district court. The Attorney General may also, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this title has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the requirements of this Act shall not be considered to terminate until the violation is corrected. (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this title. SEC. 5. EFFECT ON STATE LAWS. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution or any other Act of the Congress. SEC. 7. SEVERABILITY OF PROVISIONS. If any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.", "summary": "Eleanor Smith Inclusive Home Design Act of 2013 - Requires newly constructed, federally assisted single family houses and town houses to include at least one level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (ANSI) Standards for Accessible and Usable Buildings and Facilities (1005-ICC ANSI A117.1-2009) and any future revisions. Requires: (1) each applicant for federal financial assistance to submit compliance assurances to the relevant federal agency, and (2) each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans for state or local approval. Prohibits federal financial assistance to a state or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings. Permits: (1) private civil actions in a U.S. district court or state court for violations of this Act, and (2) the Attorney General to commence civil actions or intervene in civil actions under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Settlement Trust Improvement Act of 2017''. SEC. 2. EXCLUSION FOR ANCSA PAYMENTS ASSIGNED TO ALASKA NATIVE SETTLEMENT TRUSTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: ``SEC. 139G. ASSIGNMENTS TO ALASKA NATIVE SETTLEMENT TRUSTS. ``(a) In General.--In the case of a Native Corporation, gross income shall not include the value of any payments that would otherwise be made, or treated as being made, to such Native Corporation pursuant to, or as required by, any provision of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), including any payment that would otherwise be made to a Village Corporation pursuant to section 7(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(j)), provided that any such payments-- ``(1) are assigned in writing to a Settlement Trust, and ``(2) were not received by such Native Corporation prior to the assignment described in paragraph (1). ``(b) Inclusion in Gross Income.--In the case of a Settlement Trust which has been assigned payments described in subsection (a), gross income shall include such payments as and when such payments are received by such Settlement Trust pursuant to the assignment and shall have the same character as if such payments were received by the Native Corporation. ``(c) Amount and Scope of Assignment.--The amount and scope of any assignment under subsection (a) shall be described with reasonable particularity and may either be in a percentage of one or more such payments or in a fixed dollar amount. ``(d) Duration of Assignment; Revocability.--Any assignment under subsection (a) shall specify-- ``(1) a duration either in perpetuity or for a period of time, and ``(2) whether such assignment is revocable. ``(e) Prohibition on Deduction.--Notwithstanding section 250, no deduction shall be allowed to a Native Corporation for purposes of any amounts described in subsection (a). ``(f) Definitions.--For purposes of this section, the terms `Native Corporation' and `Settlement Trust' have the same meaning given such terms under section 646(h).''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: ``Sec. 139G. Assignments to Alaska Native Settlement Trusts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 3. DEDUCTION OF CONTRIBUTIONS TO ALASKA NATIVE SETTLEMENT TRUSTS. (a) In General.--Part VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 250. CONTRIBUTIONS TO ALASKA NATIVE SETTLEMENT TRUSTS. ``(a) In General.--In the case of a Native Corporation, there shall be allowed a deduction for any contributions made by such Native Corporation to a Settlement Trust (regardless of whether an election under section 646 is in effect for such Settlement Trust) for which the Native Corporation has made an annual election under subsection (e). ``(b) Amount of Deduction.--The amount of the deduction under subsection (a) shall be equal to-- ``(1) in the case of a cash contribution (regardless of the method of payment, including currency, coins, money order, or check), the amount of such contribution, or ``(2) in the case of a contribution not described in paragraph (1), the Native Corporation's adjusted basis in the property contributed. ``(c) Limitation and Carryover.-- ``(1) In general.--Subject to paragraph (2), the deduction allowed under subsection (a) for any taxable year shall not exceed the taxable income of the Native Corporation for the taxable year in which the contribution was made. ``(2) Carryover.--If the aggregate amount of contributions described in subsection (a) for any taxable year exceeds the limitation under paragraph (1), such excess shall be treated as a contribution described in subsection (a) in each of the 15 succeeding years in order of time. ``(d) Definitions.--For purposes of this section, the terms `Native Corporation' and `Settlement Trust' have the same meaning given such terms under section 646(h). ``(e) Manner of Making Election.-- ``(1) In general.--For each taxable year, a Native Corporation may elect to have this section apply for such taxable year on the income tax return or amended income tax return of the Native Corporation, with such election to have effect solely for such taxable year. ``(2) Revocation.--Any election made by a Native Corporation pursuant to this subsection may be revoked pursuant to an amended income tax return which has been timely filed by such Native Corporation. ``(f) Additional Rules.-- ``(1) Earnings and profits.--Notwithstanding section 646(d)(2), in the case of a Native Corporation which claims a deduction under this section for any taxable year, the earnings and profits of such Native Corporation for such taxable year shall be reduced by the amount of such deduction. ``(2) Gain or loss.--No gain or loss shall be recognized by the Native Corporation with respect to a contribution of property for which a deduction is allowed under this section. ``(3) Income.--Subject to subsection (g), a Settlement Trust shall report income in the amount of any deduction allowed under this section in the taxable year in which the Settlement Trust actually receives such contribution. ``(4) Period.--In determining the period that a Settlement Trust has held property for which a deduction is allowed under this section, the period the Native Corporation has held such property shall be included. ``(5) Basis.--The basis that a Settlement Trust has for which a deduction is allowed under this section shall be equal to the adjusted basis of the Native Corporation in such property immediately before such contribution. ``(6) Prohibition.--No deduction shall be allowed under this section with respect to any contributions made to a Settlement Trust which are in violation of subsection (a)(2) or (c)(2) of section 39 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629e). ``(g) Election by Settlement Trust To Defer Income Recognition.-- ``(1) In general.--In the case of a contribution which consists of property other than cash, a Settlement Trust may elect to defer recognition of any income related to such property until the sale or exchange of such property, in whole or in part, by the Settlement Trust. ``(2) Treatment.--In the case of property described in paragraph (1), any income or gain received by the Settlement Trust upon sale or exchange of such property shall be treated as-- ``(A) for such amount of the income or gain as is equal to or less than the amount of income deferred pursuant to this subsection, ordinary income, and ``(B) for any amounts of the income or gain which are in excess of the amount of income deferred pursuant to this subsection, having the same character as if this subsection did not apply. ``(3) Election.-- ``(A) In general.--For each taxable year, a Settlement Trust may elect to apply this subsection for any property described in paragraph (1) which was contributed during such year. Any property to which the election applies shall be identified and described with reasonable particularity on the income tax return or amended income tax return of the Settlement Trust, with such election to have effect solely for such taxable year. ``(B) Revocation.--Any election made by a Settlement Trust pursuant to this subsection may be revoked pursuant to an amended income tax return which has been timely filed by such Settlement Trust. ``(C) Certain dispositions.-- ``(i) In general.--In the case of any property for which an election is in effect under this subsection and which is disposed of within the first taxable year subsequent to the taxable year in which such property was contributed to the Settlement Trust-- ``(I) such election shall be voided as to such property, ``(II) the Settlement Trust shall be required to file an amended return for the taxable year in which such property was contributed, and ``(III) the Settlement Trust shall pay any tax applicable to such property, including interest and a penalty equal to 10 percent of the amount of such tax. ``(ii) Assessment.--Notwithstanding section 6501(a), any amount described in subclause (III) of clause (i) may be assessed, or a proceeding in court with respect to such amount may be initiated without assessment, within 4 years after the date on which the return making the election under this subsection for such property was filed.''. (b) Conforming Amendment.--The table of sections for part VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 250. Contributions to Alaska Native Settlement Trusts.''. (c) Permissive Amendments to Trust Agreements Establishing Settlement Trusts.-- (1) In general.--Notwithstanding any provision of law, including any provision of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), Alaska state law, or the terms of any trust agreement of a Settlement Trust (as defined under section 3(t) of the Alaska Native Claims Settlement Act, (43 U.S.C. 1602(t))), the terms of any trust agreement of a Settlement Trust may, within the 1-year period following the date of the enactment of this Act, be amended as necessary to allow such Trust to make an election described in subsection (g) of section 250 of the Internal Revenue Code of 1986 (as added by subsection (a)). (2) Amendment.--An amendment described in paragraph (1) shall be enacted pursuant to one or more agreements between the Native Corporation that established the Settlement Trust and the trustees of such Trust and shall not require any vote by the beneficiaries of such Trust or the shareholders of such Native Corporation. (3) Registration statement.--Any Settlement Trust which was registered in accordance with Alaska state law prior to the date of the enactment of an amendment described in paragraph (1) shall not be required to file a new or amended registration statement to reflect such amendment. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years for which the period of limitation on refund or credit under section 6511 of the Internal Revenue Code of 1986 has not expired. (2) One-year waiver of statute of limitations.--If the period of limitation on a credit or refund resulting from the amendments made by subsection (a) expires before the end of the 1-year period beginning on the date of the enactment of this Act, refund or credit of such overpayment (to the extent attributable to such amendments) may, nevertheless, be made or allowed if claim therefor is filed before the close of such 1- year period. SEC. 4. INFORMATION REPORTING FOR DEDUCTIBLE CONTRIBUTIONS TO ALASKA NATIVE SETTLEMENT TRUSTS. (a) In General.--Section 6039H of the Internal Revenue Code of 1986 is amended-- (1) in the heading, by striking ``sponsoring''; and (2) by adding at the end the following new subsection: ``(e) Deductible Contributions by Native Corporations to Alaska Native Settlement Trusts.-- ``(1) In general.--Any Native Corporation (as defined in subsection (m) of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m))) which has made a contribution to a Settlement Trust (as defined in subsection (t) of such section) to which an election under subsection (e) of section 250 applies shall provide such Settlement Trust with a statement regarding such election not later than January 31 of the calendar year subsequent to the calendar year in which the contribution was made. ``(2) Content of statement.--The statement described in paragraph (1) shall include-- ``(A) the total amount of contributions to which the election under subsection (e) of section 250 applies, ``(B) for each contribution, whether such contribution was in cash, ``(C) for each contribution which consists of property other than cash, the date that such property was acquired by the Native Corporation and the adjusted basis of such property on the date such property was contributed to the Settlement Trust, ``(D) the date on which each contribution was made to the Settlement Trust, and ``(E) such information as the Secretary determines to be necessary or appropriate for the identification of each contribution and the accurate reporting of income relating to such contributions by the Settlement Trust.''. (b) Conforming Amendment.--The item relating to section 6039H in the table of sections for subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended to read as follows: ``Sec. 6039H. Information With Respect to Alaska Native Settlement Trusts and Native Corporations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 5. STATUTORY CONSTRUCTION. This Act is remedial Indian legislation enacted under the plenary authority of the Congress under the Constitution of the United States to regulate Indian affairs, and any ambiguities in section 139F or 250 of the Internal Revenue Code of 1986, as added by this Act, shall be resolved in favor of Native Corporations attempting to exclude income or claim a deduction thereunder.", "summary": "Settlement Trust Improvement Act of 2017 This bill amends the Internal Revenue Code, with respect to the tax treatment of Alaska Native Settlement Trusts, to: (1) allow an Alaska Native Corporation to assign certain payments referenced in the Alaska Native Claims Settlement Act to a trust without including the payments in the gross income of the corporation, (2) allow the corporation to elect annually to deduct contributions made to a trust, (3) allow a trust to elect to defer the recognition of gains related to contributions of property other than cash until the sale or exchange of the property, and (4) establish information reporting requirements for deductible contributions to a trust."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Montana Fish and Wildlife Conservation Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) it is in the interest of the United States for the Secretary of the Interior to sell leaseholds at Canyon Ferry Reservoir in the State of Montana for fair market value if the proceeds from the sale are used-- (A) to establish a trust to provide a permanent source of funding to acquire access or other property interests from willing sellers to conserve fish and wildlife and to enhance public hunting and fishing opportunities at the Reservoir and along the Missouri River; (B) to establish a fund to be used to acquire access or other property interests from willing sellers to increase public access to Federal land in the State of Montana and to enhance hunting and fishing opportunities; and (C) to reduce the Pick-Sloan project debt for the Canyon Ferry Unit; (2) existing trusts in the State of Montana, including the Rock Creek Trust and the Montana Power Company Missouri-Madison Trust, have provided substantial public benefits by conserving fish and wildlife and by enhancing public hunting and fishing opportunities in the State of Montana; (3) many Federal lands in the State of Montana do not have suitable public access, and establishing a fund to acquire easements to those lands from willing sellers would enhance public hunting and fishing opportunities in the State of Montana; (4) the sale of the leaseholds at the Reservoir will reduce Federal payments in lieu of taxes and associated management expenditures in connection with the ownership by the Federal Government of the leaseholds while increasing local tax revenues from the new owners of the leased lots; and (5) the sale of the leaseholds at the Reservoir will reduce expensive and contentious disputes between the Federal Government and leaseholders, while ensuring that the Federal Government receives full and fair value for the acquisition of the property. SEC. 3. DEFINITIONS. In this Act: (1) CFRA.--The term ``CFRA'' means the Canyon Ferry Recreation Association, Incorporated, a Montana corporation. (2) Fund.--The term ``Fund'' means the Montana Hunter and Fisherman Access Fund established under section 6(a). (3) Lessee.--The term ``lessee'' means the holder of a leasehold described in section 4(b) as of the date of enactment of this Act, and the holder's heirs, executors, and assigns of the holder's leasehold interest. (4) Purchaser.--The term ``Purchaser'' means the person or entity that purchases the 265 leaseholds under section 4. (5) Reservoir.--The term ``Reservoir'' means the Canyon Ferry Reservoir in the State of Montana. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Trust.--The term ``Trust'' means the Canyon Ferry- Missouri River Trust established under section 5(a). SEC. 4. SALE OF LEASEHOLDS. (a) In General.--Subject to subsection (c) and notwithstanding any other provision of law, the Secretary shall sell at fair market value-- (1) all right, title, and interest of the United States in and to all (but not fewer than all) of the leaseholds described in subsection (b), subject to valid existing rights; and (2) easements for-- (A) vehicular access to each leasehold; (B) access to and the use of 1 dock per leasehold; and (C) access to and the use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the leases as of the date of this Act. (b) Description of Leaseholds.-- (1) In general.--The leaseholds to be conveyed are-- (A) the 265 cabin sites of the Bureau of Reclamation located along the northern portion of the Reservoir in portions of sections 2, 11, 12, 13, 15, 22, 23, and 26, Township 10 North, Range 1 West; plus (B) any small parcels contiguous to the leaseholds (not including shoreline property or property needed to provide public access to the shoreline of the Reservoir) that the Secretary determines should be conveyed in order to eliminate inholdings and facilitate administration of surrounding land remaining in Federal ownership. (2) Acreage; legal description.--The acreage and legal description of each property shall be agreed on by the Secretary and the Purchaser. (c) Purchase Process.-- (1) In general.--The Secretary shall-- (A) solicit sealed bids for all of the leaseholds; and (B) subject to paragraph (2), sell the leaseholds to the bidder that submits the highest bid above the minimum bid determined under paragraph (2). (2) Minimum bid.--Before accepting bids, the Secretary, in consultation with interested bidders, shall establish a minimum bid based on an appraisal of the fair market value of the leaseholds, exclusive of the value of private improvements made by the leaseholders before the date of the conveyance, by means of an appraisal conducted in accordance with the appraisal procedures used under Federal law, including, to the extent practicable, the procedures specified in sections 2201.3 through 2201.3-5 of title 43, Code of Federal Regulations. (3) Right of first refusal.--If the highest bidder is other CFRA, CFRA shall have the right to match the highest bid and purchase the leaseholds at a price equal to the amount of that bid. (d) Conditions.-- (1) Consideration.--As consideration for the conveyance under subsection (a), the Purchaser shall-- (A) contribute to the Trust the amount that is equal to 45 percent of the purchase price of the leaseholds; (B) contribute to the Fund the amount that is equal to 45 percent of the purchase price of the leaseholds; and (C) pay the Secretary for deposit in the Treasury of the United States an amount that is equal to 10 percent of the purchase price of the leaseholds. (2) No charitable deduction.--The Purchaser, any owner, member, or other interest holder in the Purchaser, and any leaseholder shall not be entitled to a charitable deduction under the Internal Revenue Code of 1986 by reason of the making of the contribution under subparagraph (A) or (B) of paragraph (1). (3) Option to purchase.-- (A) In general.--The Purchaser shall give each leaseholder of record of a leasehold conveyed under this section an option to purchase the leasehold at fair market value. (B) Nonpurchasing lessees.-- (i) Right to continue lease.--A lessee that is unable or unwilling to purchase a property shall be permitted to continue to lease the property for fair market value rent under the same terms and conditions as the existing leases, including the right to renew the term of the existing lease for 2 consecutive 5-year terms. (ii) Compensation for improvements.--If a lessee declines to purchase a leasehold, the Purchaser shall compensate the lessee for the full market value of the improvements made to the leasehold. (4) Historical use.--The Purchaser shall honor the existing property descriptions and historical use restrictions for the leaseholds, as determined by the Bureau of Reclamation. (e) Administrative Costs.--Any administrative cost incurred by the Secretary incident to the conveyance under subsection (a) shall be reimbursed by the Purchaser. SEC. 5. CANYON FERRY-MISSOURI RIVER TRUST. (a) Establishment.--The Secretary shall encourage establishment of a nonprofit charitable permanent perpetual trust, similar in structure and purpose to the existing trusts referred to in section 1(2), to be known as the ``Canyon Ferry-Missouri River Trust'', to provide a permanent source of funding to acquire land and interests in land from willing sellers at fair market value to conserve fish and wildlife, enhance public hunting and fishing opportunities, and improve public access at the Reservoir and along the Missouri River and its tributaries from the confluence of the Madison River, Gallatin River, and Jefferson River downstream to the Reservoir. (b) Board of Trustees.-- (1) Membership.--The trust referred to in subsection (a) shall have a Board of Trustees consisting of 1 representative of each of-- (A) local agricultural landowners; (B) a local hunting organization; (C) a statewide hunting organization; (D) a fisheries conservation organization; and (E) a nonprofit land trust or environmental organization. (2) Consultation.--In managing the Trust, the Board of Directors shall consult with representatives of-- (A) the Bureau of Reclamation; (B) the Forest Service; (C) the Bureau of Land Management; (D) the United States Fish and Wildlife Service; (E) the Montana Department of Fish, Wildlife, and Parks; (F) the Montana Science Institute at Canyon Ferry, Montana; and (G) local governmental bodies (including the Lewis and Clark and Broadwater County Commissioners). (c) Use.-- (1) Principal.--The principal amount of the Trust shall be inviolate. (2) Earnings.--Earnings on amounts in the Trust shall be used to carry out subsection (a) and to administer the Trust. (d) Management.--Land and interests in land acquired under this section shall be managed for the purposes described in subsection (a). SEC. 6. MONTANA HUNTER AND FISHERMAN ACCESS FUND. (a) Establishment.--There is established in the Treasury of the United States an interest-bearing account, to be known as the ``Montana Hunter and Fisherman Access Fund'', for the purpose of acquiring land and interests in land in the State of Montana from willing sellers at fair market value to-- (1) improve public access to Federal land in the State of Montana for hunting or fishing; and (2) enhance public hunting and fishing opportunities in the State of Montana through the conservation of fish and wildlife. (b) Use.-- (1) Principal.--The principal amount of the Fund shall be inviolate. (2) Earnings.-- (A) In general.--Earnings on amounts in the Fund shall be used to carry out subsection (a). (B) Administration.--The earnings shall be used at the joint direction of-- (i) the Chief of the Forest Service; (ii) the Director of the Bureau of Land Management; and (iii) the Director of the United States Fish and Wildlife Service. (c) Management.--Land and interests in land acquired under this section shall be managed for the purposes described in subsection (a).", "summary": "Montana Fish and Wildlife Conservation Act of 1998 - Directs the Secretary of the Interior to sell at fair market value: (1) all right, title, and interest of the United States in and to specified leaseholds (cabin sites of the Bureau of Reclamation located in the Canyon Ferry Reservoir in Montana and certain contiguous parcels), subject to valid existing rights; and (2) easements for specified access to such leaseholds. Sets forth requirements for the purchase process. Grants the Canyon Ferry Recreation Association, Incorporated, the right to match the highest bid and purchase the leaseholds. Requires the leasehold purchaser to: (1) contribute 45 percent of the purchase price to each of the Canyon Ferry-Missouri River Trust and the Montana Hunter and Fisherman Access Fund (established by this Act); and (2) pay ten percent of the purchase price to the Secretary for deposit in the Treasury. Gives existing leaseholders an option to purchase leaseholds and nonpurchasing lessees the right to continue to lease the property under the same terms provided in existing leases. Requires the Secretary to encourage establishment of a nonprofit charitable permanent perpetual trust, to be known as the Canyon Ferry-Missouri River Trust, to provide a permanent source of funding to acquire land to conserve fish and wildlife, enhance public hunting and fishing opportunities, and improve public access at the Reservoir and along the Missouri River. Establishes the Montana Hunter and Fisherman Access Fund in the Treasury for purposes of acquiring land in Montana to improve public access to Federal land for hunting or fishing and enhance public hunting and fishing opportunities through the conservation of fish and wildlife."}
{"article": "SECTION 1. FINDINGS. Congress makes the following findings: (1) The United States has run persistent trade deficits since 1978, and many of the trade deficits since 2000 have been especially large. (2) The United States trade deficit rose from $374,900,000,000 in 2009 to $497,800,000,000 in 2010, an increase of 33 percent. (3) Many of the trade deficits are structural--that is, with the same countries, year after year. In 2010, the United States continued to have significant merchandise trade deficits with the People's Republic of China ($273,100,000,000), the European Union ($79,800,000,000), Japan ($59,800,000,000), and Mexico ($66,300,000,000), notwithstanding the overall decline in the United States trade deficit. In fact, in 2010, China accounted for 42 percent of the United States merchandise trade deficit. (4) While the United States has one of the most open borders and economies in the world, the United States faces significant tariff and nontariff trade barriers with its trading partners. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Emergency Trade Deficit Commission (in this Act referred to as the ``Commission''). (b) Membership of Commission.-- (1) Composition.--The Commission shall be composed of 11 members, of whom-- (A) three persons shall be appointed by the President, of whom one shall be appointed to represent labor interests, one shall be appointed to represent small businesses, and one shall be appointed to represent manufacturing interests; (B) two persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the majority leader of the Senate, after consultation with the Chairman of the Committee on Finance of the Senate; (C) two persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the minority leader of the Senate, after consultation with the ranking minority member of the Committee on Finance of the Senate; (D) two persons shall be appointed by the Speaker of the House of Representatives, after consultation with the Chairman of the Committee on Ways and Means of the House of Representatives; and (E) two persons shall be appointed by the minority leader of the House of Representatives, after consultation with the ranking minority member of the Committee on Ways and Means of the House of Representatives. (2) Qualifications of members.-- (A) Presidential appointments.--Of the persons appointed under paragraph (1)(A), not more than one may be an officer, employee, or paid consultant of the executive branch. (B) Other appointments.--Persons appointed under subparagraph (B), (C), (D), or (E) of paragraph (1) shall be persons who-- (i) have expertise in economics, international trade, manufacturing, labor, environment, or business, or have other pertinent qualifications or experience; and (ii) are not officers or employees of the United States. (C) Other considerations.--In appointing members of the Commission, every effort shall be made to ensure that the members-- (i) are representative of a broad cross- section of economic and trade perspectives within the United States; and (ii) provide fresh insights in to identifying the causes and consequences of the United States trade deficit and developing recommendations to address structural trade imbalances. (c) Period of Appointment; Vacancies.-- (1) In general.--Members shall be appointed not later than 60 days after the date of the enactment of this Act and the appointment shall be for the life of the Commission. (2) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Chairperson and Vice Chairperson.--The members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (h) Voting.--Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission. SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall be responsible for examining the nature, causes, and consequences of the United States trade deficit and providing recommendations on how to address and reduce structural trade imbalances, including with respect to the United States merchandise trade deficit, in order to promote sustainable economic growth that provides broad-based income and employment gains. (b) Causes of U.S. Trade Deficit.--In examining the causes of the United States trade deficit, the Commission shall, among other things-- (1) identify and assess the impact of macroeconomic factors, including currency practices, foreign government purchases of United States assets, and savings and investment rates, including savings rates of foreign state-owned enterprises, on United States bilateral trade imbalances and global trade imbalances; (2) with respect to countries with which the United States has significant, persistent sectoral or bilateral trade deficits, assess with respect to the magnitude and composition of such trade deficits-- (A) the impact of tariff and nontariff barriers maintained by such countries and the lack of reciprocal market access as a result of such barriers; (B) the impact of investment, offset, and technology transfer requirements by such countries; (C) any impact due to the failure of such countries to adhere to internationally recognized labor standards, including the extent to which such failure affects conditions of competition with the United States or the ability of consumers in such countries to buy United States goods and services; (D) any impact due to differences in levels of environmental protection and enforcement of environmental laws between such countries and the United States, including the extent to which such differences affect conditions of competition with the United States; (E) policies maintained by such countries that assist manufacturers in such countries, including the impact of such policies on manufacturers in the United States; and (F) the impact of border tax adjustments by such countries; (3) examine the impact of free trade agreements on the United States trade deficit; (4) examine the impact of investment flows both into and out of the United States on the trade deficit, including-- (A) the impact of United States outbound investment on the United States trade deficit and on standards of living and production in the United States; (B) the impact that the relocation of production facilities overseas has on the United States trade deficit, including by reviewing major domestic plant closures over an appropriate representative period to determine how much production terminated from such closures was relocated offshore; (C) the impact of foreign direct investment in the United States on the United States trade deficit and on standards of living and production in the United States; and (D) the impact of United States bilateral investment treaties, including bilateral investment treaties under negotiation, on the United States trade deficit; (5) examine the role and impact of imports of oil and other energy products on the United States trade deficit; and (6) assess the extent to which United States foreign policy interests influence United States economic and trade policies. (c) Consequences of U.S. Trade Deficit.--In examining the consequences of the United States trade deficit, the Commission shall, among other things-- (1) identify and, to the extent practicable, quantify the impact of the trade deficit on the overall domestic economy, and, with respect to different sectors of the economy, on manufacturing capacity, on the number and quality of jobs, on wages, and on health, safety, and environmental standards; (2) assess the effects the trade deficits in the areas of manufacturing and technology have on defense production and innovation capabilities of the United States; and (3) assess the impact of significant, persistent trade deficits, including sectoral and bilateral trade deficits, on United States economic growth. (d) Recommendations.--In making recommendations, the Commission shall, among other things-- (1) identify specific strategies for achieving improved trade balances with those countries with which the United States has significant, persistent sectoral or bilateral trade deficits; (2) identify United States trade policy tools including enforcement mechanisms that can be more effectively used to address the underlying causes of structural trade deficits; (3) identify domestic and trade policies that can enhance the competitiveness of United States manufacturers domestically and globally, including those policies of the United States and other countries that have been successful in promoting competitiveness; (4) address ways to improve the coordination and accountability of Federal departments and agencies relating to trade; and (5) examine ways to improve the adequacy of the collection and reporting of trade data, including identifying and developing additional databases and economic measurements that may be needed to properly assess the causes and consequences of the United States trade deficit. SEC. 4. REPORT. (a) Report.--Not later than 16 months after the date of the enactment of this Act, the Commission shall submit to the President and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that contains-- (1) the findings and conclusions of the Commission described in section 3; and (2) any recommendations for administrative and legislative actions as the Commission considers necessary. (b) Separate Views.--Any member of the Commission may submit additional findings and recommendations as part of the report. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. The Commission shall hold at least seven public hearings, one or more in Washington, DC, and four in different regions of the United States. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT. (a) In General.--There are authorized to be appropriated $2,000,000 to the Commission to carry out this Act. (b) GAO Audit.--Not later than 6 months after the date on which the Commission terminates, the Comptroller General of the United States shall complete an audit of the financial books and records of the Commission and shall submit a report on the audit to the President and the Congress. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits its report under section 4(a). SEC. 9. MORATORIUM ON FREE TRADE AGREEMENTS. The President shall not submit to the Congress any free trade agreement, or any legislation implementing a free trade agreement, until the report of the Commission has been delivered to the Congress and the President under section 4(a).", "summary": "Establishes the Emergency Trade Deficit Commission to examine, and report to the President and Congress on, the causes of the U.S. trade deficit, together with recommendations to address and reduce trade imbalances, such as the U.S. merchandise trade deficit, in order to promote sustainable economic growth that provides broad-based income and employment gains. Prohibits the President from submitting to Congress any free trade agreement or legislation implementing one until the report has been delivered to Congress and to the President."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Quality Assurance Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) employment of private security officers in the United States is growing rapidly; (2) private security officers function as an adjunct to public law enforcement by helping to reduce and prevent crime; (3) the private security industry provides numerous opportunities for entry-level job applicants, including individuals suffering from unemployment due to economic conditions or dislocations; (4) such private security officers protect individuals, tangible and intangible property and proprietary information and provide protection to such diverse operations as banks, hospitals, chemical companies, oil and gas refineries, airports, communication facilities and operations, office complexes, schools, residential properties, apartment complexes, gated communities and many others; (5) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are only supplemented by private security officers who provide prevention and reporting services in support of, but not in place of, regular sworn police; (6) given the growth of large private shopping malls, and the consequent reduction in the number of public shopping streets, the American public is more likely to have contact with private security personnel in the course of a day than with sworn law enforcement officers; (7) the trend in the Nation toward growth in such security services has accelerated rapidly as the per capita number of public sector law enforcement officers has decreased; (8) such growth serves important public policy goals in making available more public sector law enforcement officers to combat serious and violent crimes; (9) regardless of the differences in their duties, skill, and responsibilities, the public has difficulty in discerning the difference between sworn law enforcement officers and private security personnel; (10) the American public demands the employment of qualified, well-trained private security personnel as an adjunct, but not a replacement for sworn law enforcement officers; and (11) private security officers and applicants for private security officer positions should be screened as thoroughly as possible, particularly since many private security officers bear weapons. SEC. 3. BACKGROUND CHECKS. (a) In General.--(1) At the request of an employer of private security officers, an association of employers of private security officers, designated for the purpose of this section by the Attorney General, must submit to the Attorney General fingerprints or other methods of positive identification of an employee of such employer for purposes of a background check. (2) An employer may seek authorization from its employees to submit their fingerprints for purposes of a background check. (3) Upon receipt of fingerprints from an association designated under this section, the Attorney General shall search the records of the Interstate Information Index of the National Crime Information Center and the Identification Division of the Federal Bureau of Investigation, and shall provide any identification and criminal history records corresponding to the fingerprints to the requesting association within 30 business days. (4) The Attorney General shall, to the maximum extent possible, encourage the use of the best technology available in compiling criminal history information and in responding to requests under this section. (5) An association designated under this section shall submit employee fingerprints to the Attorney General for identification and appropriate processing within one business day of receiving them. Such an association shall also transfer a copy of the identification and criminal history records that it receives from the Attorney General to the requesting employer within one business day of receiving them. (6) An association designated under this section shall provide a copy to the appropriate licensing authorities or regulatory agencies in the States of the requests it makes on behalf of employers for identification and criminal history records. The association shall also provide a copy of the information it transfers to employers to such States. (b) Regulations.--The Attorney General may prescribe such regulations as may be necessary to carry out this section, including measures relating to the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping and the imposition of fees necessary for the recovery of costs. (c) Report.--The Attorney General shall report to the Senate and House Committees on the Judiciary 2 years after the date of enactment of this bill on the number of inquiries made by the association of employers under this section and their disposition. SEC. 4. CONFORMING AMENDMENTS. Subsection (d) of section 534 of title 28, United States Code, is amended by adding the following paragraph: ``(3) an association of employers of private security officers designated by the Attorney General for purposes of conducting background checks on employees or prospective employees.''. SEC. 5. CRIMINAL PENALTY. Whoever knowingly and intentionally uses any information obtained pursuant to section 3 other than for the purpose of determining the suitability of an individual for employment as a private security officer shall be fined not more than $50,000 or imprisoned for not more than two years, or both. SEC. 6. EMPLOYER LIABILITY. Where an employer of private security officers reasonably relies for employment determinations upon criminal history information provided by the Attorney General, such employer shall not be liable in any action for damages based on such employment determinations. SEC. 7. DEFINITIONS. As used in this Act-- (1) the term ``Attorney General'' includes any person or entity designated by the Attorney General, including the Federal Bureau of Investigation; (2) the term ``employee'' includes an applicant for employment; (3) the term ``employer'' means any person that-- (A) provides, as an independent contractor, for consideration, the services of one or more private security officers (possibly including oneself); and (B) is licensed by one or more States as a provider of private security services, or is certified as such by the chief law enforcement officer of one or more States; (4) the term ``fingerprint'' includes any other method of positive identification approved by the Attorney General; (5) the term ``private security officer''-- (A) means an individual who performs security services, full or part time, for consideration as an independent contractor or an employee, whether armed or unarmed and in uniform or plain clothes whose primary duty is to perform security services, but (B) does not include-- (i) sworn police officers who have law enforcement powers in the State, (ii) attorneys, accountants, and other professionals who are otherwise licensed in the State, (iii) employees whose duties are primarily internal audit or credit functions, (iv) persons whose duties may incidentally include the reporting or apprehension of shoplifters or trespassers, (v) an individual on active duty in the military service, (vi) employees of electronic security system companies acting as technicians or monitors, (vii) employees whose duties primarily involve the secure movement of prisoners, or (viii) employees of armored vehicle companies; (6) the term ``security services'' means the performance of one or more of the following: (A) the observation or reporting of intrusion, larceny, vandalism, fire or trespass; (B) the deterrence of theft or misappropriation of any goods, money, or other item of value; (C) the observation or reporting of any unlawful activity; (D) the protection of individuals or property, including proprietary information, from harm or misappropriation; (E) the control of access to premises being protected; (F) the maintenance of order and safety at athletic, entertainment, or other public activities; and (G) the provision of canine services for protecting premises or for the detection of any unlawful device or substance; and (7) the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. SEC. 8. USER FEES. Notwithstanding any other provision of law, the Attorney General may collect a user fee for a request, under any applicable law, for an individual's criminal history information. SEC. 9. EFFECTIVE DATE. The effective date of this Act shall be July 1, 1999.", "summary": "Private Security Officer Quality Assurance Act of 1997 - Directs the Attorney General (AG) to designate an association of employers of private security officers, which must submit to the AG, at the request of an employer of officers, fingerprints or other methods of positive identification for background checks of such officers. Allows an employer to seek authorization from its employees for a background check. Directs the AG, upon receipt of fingerprints from an association, to: (1) search records of the Interstate Information Index of the National Crime Information Center and the Identification Division of the Federal Bureau of Investigation; and (2) provide any corresponding identification and criminal history records to the requesting association. Authorizes the AG to prescribe regulations to carry out this Act, including measures relating to the imposition of fees necessary for the recovery of costs. Directs the AG to report to specified congressional committees two years after enactment of this Act on the number of inquiries made by the association of employers and their disposition. Establishes criminal penalties for misuse of such background check information. Provides that employers shall not be held liable in any action for damages based on employment determinations that rely on such criminal history information from the AG. Authorizes the AG to collect a user fee for a request, under any applicable law, for an individual's criminal history information."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Enforcement Security Task Force Reauthorization Act of 2017''. SEC. 2. MODIFIED INSTRUCTIONS. (a) Updated Considerations for the Establishment of Units.--Section 432(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 240(c)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``shall consider'' and inserting ``shall apply risk-based criteria that takes into consideration''; (2) in subparagraph (A), by inserting ``, including threats posed by transnational criminal organizations'' before the semicolon at the end; (3) in subparagraph (C), by striking ``and'' at the end; (4) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: ``(E) the extent to which the BEST unit would advance the Department's homeland and border security strategic priorities and related objectives; and ``(F) whether departmental Joint Task Force operations established pursuant to section 708 and other joint cross-border initiatives would be enhanced, improved, or otherwise assisted by the BEST unit.''. (b) Port Security.--Section 432(c) of the Homeland Security Act of 2002, as amended by subsection (a), is further amended by adding at the end the following: ``(4) Port security best units.--A BEST unit established pursuant to paragraph (2) with a port security nexus shall be composed of at least 1 member of each of the following: ``(A) The Coast Guard Investigative Service. ``(B) The geographically responsible Coast Guard Sector Intelligence Office.''. (c) Updated Report Elements.--Section 432(e) of the Homeland Security Act of 2002 (6 U.S.C. 240(e)) is amended to read as follows: ``(e) Report.--Not later than 180 days after the date of the enactment of this subsection, and annually thereafter for the following 5 years, the Secretary shall submit to Congress a report that includes-- ``(1) a description of the effectiveness of BEST in enhancing border security, disrupting and dismantling transnational criminal organizations, and reducing drug trafficking, arms smuggling, child exploitation, illegal alien trafficking and smuggling, violence, and kidnapping along and across the international borders of the United States, as measured by crime statistics, including violent deaths, incidents of violence, and drug-related arrests; ``(2) an assessment of how BEST enhances information- sharing, including the dissemination of homeland security information, among Federal, State, local, tribal, and foreign law enforcement agencies, as well as BEST capability gaps relating to intelligence coordinating and sharing efforts; ``(3) a description of how BEST advances the Department's homeland and border security strategic priorities and effectiveness of BEST in achieving related objectives; and ``(4) an assessment of BEST's joint operational efforts with departmental Joint Task Force operations established pursuant to section 708 and other joint cross-border initiatives;. ``(5) An assessment of whether additional authorities are needed to accomplish the BEST mission; ``(6) An assessment of whether additional Memos of Understanding are needed to address intelligence and coordination gaps; and ``(7) An assessment of whether funding has an impact on the overall mission of BEST operations to assist in advancing the Department's homeland and border security priorities and related objectives.''. SEC. 3. AUTHORIZATION OF DANGER PAY ALLOWANCE FOR ICE AGENTS STATIONED IN DANGEROUS AREAS. (a) Sense of Congress.--It is the sense of Congress that providing personnel danger pay to U.S. Immigration and Customs Enforcement (ICE) agents who are assigned to dangerous overseas posts will-- (1) help modernize ICE's overseas workforce compensation system; and (2) place ICE on equal footing with the law enforcement agencies of the Department of Justice. (b) Authorization.--Section 5928 of title 5, United States Code, is amended by inserting ``The Secretary of State may not deny a request by the Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, or the Director of U.S. Immigration and Customs Enforcement to authorize a danger pay allowance under this section for any employee of any such agency.'' after the first sentence. (c) Conforming Amendment.--Section 151 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246) is repealed. (d) Reporting Requirement.--Not later than 30 days after the date on which regulations are issued pursuant to subsection (d), the Director of U.S. Immigration and Customs Enforcement shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security of the House of Representatives that specifies-- (1) the overseas posts that have been designated by the Director as locations at which ICE agents will receive a danger pay allowance; and (2) the justification for each such designation.", "summary": "Border Enforcement Security Task Force Reauthorization Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS), before establishing a Border Enforcement Security Task Force (BEST) unit, to apply risk-based criteria that takes into consideration specified factors, including: whether the area in which the BEST unit would be established is significantly impacted by threats posed by transnational criminal organizations; the extent to which the unit would advance DHS's homeland and border security strategic priorities and related objectives; and whether departmental Joint Task Force operations would be enhanced, improved, or otherwise assisted by the unit. A BEST unit with a port security nexus must be composed of at least one member of: (1) the Coast Guard Investigative Service, and (2) the geographically responsible Coast Guard Sector Intelligence Office. The bill modifies the DHS annual reporting requirement on the BEST program to require:: a description of the effectiveness of BEST in disrupting and dismantling transnational criminal organizations and reducing child exploitation; an assessment of how BEST enhances information-sharing; a description of how BEST advances DHS's homeland and border security strategic priorities and effectiveness of BEST in achieving related objectives; an assessment of BEST's joint operational efforts with departmental Joint Task Force operations; an assessment of whether additional authorities are needed to accomplish the BEST mission; an assessment of whether additional Memos of Understanding are needed to address intelligence and coordination gaps; and an assessment of whether funding has an impact on the overall mission of BEST operations to assist in advancing DHS's homeland and border security priorities and related objectives. (Sec. 3) The bill expresses the sense of Congress that providing personnel danger pay to U.S Immigration and Customs Enforcement (ICE) agents who are assigned to dangerous overseas posts will: (1) help modernize ICE's overseas workforce compensation system, and (2) place ICE on equal footing with the law enforcement agencies of the Department of Justice. The Department of State may not deny a request by the Drug Enforcement Administration, the Federal Bureau of Investigation, or ICE to authorize a danger pay allowance for any employee of such agencies. ICE must submit a report to the congressional foreign affairs and homeland security committees that specifies the overseas posts that have been designated as locations at which ICE agents will receive a danger pay allowance and the justification for each such designation."}
{"article": "SECTION 1. FINDINGS. Congress finds that-- (1) the 50-mile Handford Reach is the last free-flowing nontidal segment of the Columbia River in the United States and has been preserved in a relatively natural condition because of its location within the Hanford Nuclear Reservation; (2) in 1988, Congress, in Public Law 100-605 (102 Stat. 3043), called for an analysis of protection alternatives for the Hanford Reach and a report to Congress by the Secretary of the Interior, who concluded in the Hanford Reach Final Environmental Impact Statement dated June 1994 that the Hanford Reach should be designated as a recreational river under the Wild and Scenic Rivers Act; (3) the Hanford Reach is a vital migration corridor for anadromous fish and contains some of the most productive spawning areas in the Northwest United States, producing an estimated 80 percent of the Columbia Basin's fall chinook salmon and healthy runs of naturally spawning steelhead trout, sturgeon, and other highly valued fish species; (4) the Hanford Reach provides important habitat for wintering and migrating waterfowl, bald eagles, deer, elk, and a diversity of other wildlife, including numerous Federal and State-listed threatened and endangered plant and animal species, some of which are found nowhere else; (5) the White Bluffs and pristine conditions of the Hanford Reach offer scenic beauty, opportunities for solitude, and recreation, including hunting, fishing, boating, hiking, swimming, and wildlife observation, in close proximity to the Tri-Cities area of the State of Washington; (6) the Hanford Reach and its salmon runs have been important to mid-Columbia Native Americans for subsistence, cultural, and religious purposes for more than 10,000 years, and there are 150 registered archaeological sites in the area; (7) the southern shore of the Hanford Reach chronicles the history of the Manhattan Project, defense nuclear production during the cold war, and early Euro-American settlement of the area; (8) the White Bluffs and adjacent shoreline areas are a significant paleontological resource and are rich with fossils remains from the Pliocene period; (9) protection of the Hanford Reach as a national wild and scenic river can enhance local revenues from outdoor recreation and increase economic investment in the Tri-Cities area by highlighting the quality of life and natural amenities of the area; (10) economic activities along the river corridor in existence on the date of enactment of this Act, such as agriculture, power production and transmission, and water withdrawal, are compatible with the recreational classification of the river, and the classification made by this Act cannot be changed except by a subsequent Act of Congress; (11) designation of the Hanford Reach as a wild and scenic river can facilitate, and make less costly, the remediation of contaminated areas of the Hanford Nuclear Reservation by determining future land use within the river corridor and helping to ensure the Federal commitment to the cleanup of the Hanford Site; (12) the Hanford Reach has special significance as an outdoor laboratory and classroom and offers a singular opportunity for government agencies, tribes, and community organizations to develop a partnership around an education and interpretation program focused on the area's unique natural and human history; (13) the Columbia River shore immediately downstream of the Hanford Reach in the Tri-Cities area currently contains miles of high, steep levees which create a sterile gauntlet through which migrating anadromous fish must pass, and that flow controls on the Columbia River have reduced the need for levees of this height; (14) modifying levees in the Tri-Cities area could significantly improve the habitat value of this transition area to the Hanford Reach for fish and wildlife, decrease mortality of migratory fish and waterfowl, and have the additional benefits of improving rivershore access, recreation, and aesthetics; and (15) local jurisdictions in the Tri-Cities area have expressed interest in a partnership with the Army Corps of Engineers and other agencies to study rivershore restoration in the Tri-Cities area and develop a plan of action. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to protect the natural, cultural, scenic, and recreational resources of the Hanford Reach of the Columbia River; (2) to encourage education and interpretation of the Hanford Reach; and (3) to restore and enhance the natural habitat of the rivershore immediately downstream of the Hanford Reach in the vicinity of the Tri-Cities area of the State of Washington. SEC. 3. COLUMBIA RIVER NATIONAL WILD AND SCENIC RIVER. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(____) Hanford reach, columbia river, washington.--The river segment from river mile 346.5 to river mile 396, Hanford Reach, Columbia River, Washington, as a recreational river, subject to the following: ``(A) No privately owned land.--Only public land adjacent to the river segment, and no privately owned land, may be included in the river segment. ``(B) Management.-- ``(i) In general.--The Secretary of the Interior shall manage the river segment as a recreational river in accordance with the National Wildlife Refuge System Administration Act of 1996 (16 U.S.C. 668dd et seq.), this Act, and other applicable law. ``(ii) Rule of construction.--Nothing in this Act or any other law authorizes the Secretary of the Interior or any other governmental officer to alter the classification of the river segment as a recreational river. ``(C) Development of plan.--In developing and periodically revising a plan for the management of the river segment, the Secretary of the Interior shall-- ``(i) consult with-- ``(I) affected Indian tribes; ``(II) the State of Washington; ``(III) the Secretary of Energy; ``(IV) governments of local jurisdictions adjacent to the river segment; and ``(V) and advisory council composed of the chairperson of the county commissions for Benton County, Franklin County, and Grant County, Washington, and four citizens selected by the Governor of Washington from those counties to represent environmental, recreational, cultural, and other stakeholder interests; ``(ii) provide opportunity for public participation; ``(iii) develop a strategy for acquiring private land in the area defined by the applicable environmental impact statement by purchase, conservation easement, lease, or donation on a willing-seller basis only; ``(iv) recognize recreation as an outstandingly remarkable value of the designated area and give recreation a high management priority, along with protection of natural, cultural, and scenic resources; ``(v) coordinate and cooperate with State, local, and tribal governments and other entities in the development and implementation of educational and interpretive programs related to the Hanford Reach; and ``(vi) determine how-- ``(I) a Hanford Reach educational and interpretive center with appropriate exhibit, conference, and support facilities can be constructed or be incorporated into a compatible community facility; ``(II) interpretive education efforts can be coordinated with local governments and public school districts in the region; and ``(III) recreational tourism efforts associated with the Hanford Reach can be coordinated through a community-based visitor and convention bureau. ``(D) Access corridors.--Access corridors in existence on the date of enactment of this paragraph shall be retained. ``(E) Rules of construction.--The designation of the river segment shall not be construed as-- ``(i) prohibiting or approving relicensing of any hydroelectric facility by the Federal Energy Regulatory Commission; ``(ii) affecting any law, agreement, plan, or policy in effect on the date of enactment of this paragraph regarding water rights or instream flows on the river segment; ``(iii) prohibiting the operation or maintenance of any energy, transmission, water intake, or water outfall facility in existence on the date of enactment of this paragraph; ``(iv) prohibiting the modification, repair, or replacement of any energy, transmission, water intake, or water outfall facility so long as there is no substantial impact on the natural, cultural, or scenic resources of the river segment and adjacent land area; ``(v) establishing or imposing remediation requirements more restrictive than those that would apply but for this paragraph; ``(vi) prohibiting construction of temporary facilities essential to the remediation and restoration of contaminated areas within the viewshed of the river segment; or ``(vii) relieving the Secretary of Energy from any obligation or other liability at the Hanford Nuclear Reservation under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and other applicable law or imposing any such obligation or other liability on the Secretary of the Interior. ``(F) Rivershore restoration and enhancement.--The Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers, in cooperation and coordination with the heads of other relevant Federal agencies and State and local governments, shall develop a comprehensive plan of improvement for restoration and enhancement of fish and wildlife habitat, recreation, river access, and overall aesthetics of the levees and other rivershore areas downstream of the river segment in the Tri-Cities area of the State of Washington. ``(G) Section 1135 projects.--The Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers-- ``(i) subject to receipt of a statement of interest from the non-Federal interests for the following projects, shall, not later than 180 days after the date of enactment of this paragraph, complete a preliminary restoration plan under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) for each of-- ``(I) a portion of the rivershore of Clover Island and a portion of the levee immediately upstream of Clover Island; ``(II) the rivershore immediately upstream of the portion described in subclause (I) in the city of Kennewick, Washington, to United States Route 395 bridge; ``(III) the levee modified in 1994 between road 39 and the United States Route 395 bridge in Franklin County, Washington; and ``(IV) the levee between the United States Route 395 bridge to the area immediately downstream of the 10th Avenue bridge in the city of Pasco, Washington; ``(ii) shall consider each of the projects described in subclauses (I), (II), (III), and (IV) of clause (i) to be a separate project for purposes of the program under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a); and ``(iii) subject to receipt of necessary commitments from the non-Federal interests for the projects, shall, not later than 18 months after the date of enactment of this paragraph, complete a project modification report for each of the projects.''.", "summary": "Amends the Wild and Scenic Rivers Act to designate a specified segment of the Hanford Reach of the Columbia River in Washington State as a component of the National Wild and Scenic Rivers System. Provides that only public land adjacent to the segment, and no privately-owned land, shall be included in it. Requires the Secretary of the Interior to: (1) manage the segment as a recreational river; and (2) meet specified criteria in developing and periodically revising a plan for the management of the segment. Retains access corridors in existence on the enactment of this Act. Requires the Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers in cooperation and coordination with the heads of relevant Federal agencies and State and local governments, to develop a comprehensive plan of improvement for restoration and enhancement of fish and wildlife habitat, recreation, river access, and overall aesthetics of the levees and other rivershore areas downstream of the segment in the Tri-Cities area of Washington State. Requires the Secretary, acting through the Chief and subject to receipt of a statement of interest from the non-Federal interests for the following projects, to complete a preliminary restoration plan under the Water Resources Development Act of 1986 for: (1) a portion of the Clover Island rivershore and a portion of the levee immediately upstream of Clover Island; (2) the rivershore immediately upstream of the portion in the city of Kennewick, Washington, to the U.S. Route 395 bridge; (3) the levee modified in 1994 between Road 39 and the U.S. Route 395 bridge in Franklin County, Washington; and (4) the levee between the U.S. Route 395 bridge to the area immediately downstream of the 10th Avenue bridge in the city of Pasco, Washington. Directs the Secretary, subject to the receipt of necessary commitments from the non-Federal interests, to complete a modification report for each project."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Employment Transition Act of 2010''. SEC. 2. WORK OPPORTUNITY CREDIT FOR CERTAIN RECENTLY DISCHARGED VETERANS. (a) In General.--Subparagraph (A) of section 51(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``means any veteran'' and all that follows and inserting ``means any recently discharged veteran and any disadvantaged veteran.'' (b) Recently Discharged Veteran; Disadvantaged Veteran.--Paragraph (3) of section 51(d) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively, and (2) by inserting after subparagraph (A) the following new subparagraphs: ``(B) Recently discharged veteran.--For purposes of subparagraph (A), the term `recently discharged veteran' means-- ``(i) any individual who has served on active duty (other than active duty for training) in the Armed Forces of the United States for more than 180 total days (whether consecutive or not), ``(ii) any individual who has been discharged or released from active duty in the Armed Forces of the United States for a service-connected disability, and ``(iii) any member of the National Guard who has served for more than 180 total days (whether consecutive or not) of-- ``(I) active duty (within the meaning of title 32, United States Code) other than for training, ``(II) full-time National Guard duty (within the meaning of such title 32) other than for training, ``(III) duty, other than inactive duty or duty for training, in State status (within the meaning of such title 32), or ``(IV) any combination of duty described in subclause (I), (II), or (III), who has been discharged or released from such duty at any time during the 5-year period ending on the hiring date. Such term shall not include any unemployed veteran who begins work for the employer before the date of the enactment of the Veteran Employment Transition Act of 2010. ``(C) Disadvantaged veteran.--For purposes of subparagraph (A), the term `disadvantaged veteran' means any veteran who is certified by the designated local agency as-- ``(i) being a member of a family receiving assistance under a supplemental nutrition assistance program under the Food and Nutrition Act of 2008 for at least a 3-month period ending during the 12-month period ending on the hiring date, or ``(ii) entitled to compensation for a service-connected disability, and-- ``(I) having a hiring date which is not more than 1 year after having been discharged or released from active duty in the Armed Forces of the United States, or ``(II) having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months.''. (c) Conforming Amendments.--Section 51 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``(d)(3)(A)(ii)'' in paragraph (3) of subsection (b) and inserting ``(d)(3)(C)(ii)'', (2) by striking ``For purposes of subparagraph (A)'' each place it appears in subparagraphs (D) and (E) of subsection (d)(3), as redesignated by subsection (b), and inserting ``For purposes of subparagraph (C)'', (3) by adding at the end of paragraph (13) of subsection (d) the following new subparagraph: ``(D) Pre-screening of recently discharged veterans.-- ``(i) In general.--For purposes of subparagraph (A), the term `pre-screening notice' shall include any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces or from service in the National Guard which includes information sufficient to establish that such individual is a recently discharged veteran. ``(ii) Additional certification not required.--Subparagraph (A) shall be applied without regard to clause (ii)(II) thereof in the case of a recently discharged veteran who provides to the employer documentation described in clause (i).'', (4) by inserting ``who begins work for the employer after December 31, 2008, and before the date of the enactment of the Veteran Employment Transition Act of 2010,'' after ``Any unemployed veteran'' in subparagraph (A) of subsection (d)(14), and (5) by inserting a comma after ``during 2009 or 2010'' in subparagraph (A) of subsection (d)(14). (d) Effective Date.--The amendments made by subsections (a), (b), and (c) shall apply to individuals whose hiring date (as defined in section 51(d)(11) of the Internal Revenue Code of 1986) is on or after the date of the enactment of this Act. (e) Department of Defense Documentation.-- (1) In general.--The Department of Defense and the National Guard, as applicable, shall provide-- (A) to each individual who is discharged or released from active duty in the Armed Forces of the United States on or after the date of the enactment of this Act; and (B) to each member of the National Guard who is released from duty described in section 51(d)(3)(B)(iii) of the Internal Revenue Code of 1986 (as added by this Act) on or after the date of the enactment of this Act; in addition to the documentation which, without regard to this subsection, is provided at the time of such discharge or release, documentation described in paragraph (4). If the documentation which is provided without regard to this subsection at the time of the discharge or release described in the preceding sentence does not include information sufficient to satisfy the requirements of section 51(d)(13)(D)(i) of the Internal Revenue Code of 1986 (as added by this Act), the Department of Defense or the National Guard, whichever is applicable, shall provide additional documentation which includes such information. (2) Informational briefing.--In the case of an individual who is discharged or released from duty described in subparagraph (A) or (B) of paragraph (1) after the date of the enactment of this Act, the Department of Defense or the National Guard, whichever is applicable, shall provide a briefing to such individual before or at the time of such discharge or release to inform such individual of the credit for employment of recently discharged veterans under section 51 of the Internal Revenue Code of 1986. (3) Request for documentation.--The Department of Defense or the National Guard, whichever is applicable, shall provide upon request the documentation described in paragraph (1) to any individual who is discharged or released from duty described in subparagraph (A) or (B) of paragraph (1) during the 5-year period preceding and including the date of the enactment of this Act. (4) Instructions for use of work opportunity credit.--The documentation described in this paragraph is a document which includes-- (A) instructions for an individual to ensure treatment as a recently discharged veteran for purposes of section 51(d)(3)(B) of the Internal Revenue Code of 1986 (as added by this Act), (B) instructions for employers detailing the use of the credit under such section 51 with respect to such individual, and (C) the dates during which the credit under such section 51 is available. Such instructions shall be developed in collaboration with the Internal Revenue Service.", "summary": "Veteran Employment Transition Act of 2010 - Amends the Internal Revenue Code to revise the definition of \"qualified veteran\" for purposes of the work opportunity tax credit to mean recently discharged veterans and disadvantaged veterans. Defines \"recently discharged veteran\" to mean: (1) any individual who has served on active duty (other than active duty for training) in the Armed Forces for more than 180 total days (whether consecutive or not); (2) any individual who has been discharged or released from active duty for a service-connected disability; and (3) any member of the National Guard who has served for more than 180 total days (whether consecutive or not) in active duty, full-time National Guard duty, or duty in state status. Defines \"disadvantaged veteran\" as any veteran who is certified as being a member of a family receiving assistance under a supplemental nutrition assistance program and is entitled to compensation for a service-connected disability. Requires the Department of Defense (DOD) and the National Guard to inform military personnel who are discharged or released from active duty of the work opportunity tax credit and provide them with documentation relating to eligibility for and use of such credit."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Energy Technology Manufacturing and Export Assistance Act of 2011''. SEC. 2. CLEAN ENERGY TECHNOLOGY MANUFACTURING AND EXPORT ASSISTANCE PROGRAM. (a) Definitions.--In this section: (1) Clean energy technology.--The term ``clean energy technology'' means a technology related to the production, use, transmission, storage, control, or conservation of energy that is designed to-- (A) reduce the need for additional energy supplies-- (i) by using existing energy supplies with greater efficiency; or (ii) by transmitting, distributing, or transporting energy with greater effectiveness through the infrastructure of the United States; (B) diversify the sources of the energy supply of the United States to strengthen energy security and to increase supplies of energy with a favorable balance of environmental effects if the entire technology system is considered; or (C) contribute to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or long-term sequestration of energy-related emissions. (2) Small- and medium-sized businesses.--The term ``small- and medium-sized businesses'' means businesses with not more than 500 employees. (3) Under secretary.--The term ``Under Secretary'' means the Under Secretary for International Trade of the Department of Commerce. (b) Establishment.--The Secretary of Commerce shall establish a Clean Energy Technology Manufacturing and Export Assistance Program, to be carried out by the Under Secretary, for the purposes of-- (1) promoting policies to reduce production costs and encourage innovation, investment, and productivity among businesses in the United States that produce or export clean energy technologies or related services; (2) implementing a national strategy with respect to the exportation of clean energy technologies and related services from the United States; and (3) ensuring that businesses in the United States that produce or export clean energy technologies or related services, including suppliers of parts for the production of clean energy technologies and engineering and design firms, have the information and assistance necessary-- (A) to be competitive; and (B) to create and maintain clean energy technology jobs in the United States. (c) Assistance.-- (1) In general.--The Under Secretary shall, consistent with the National Export Initiative (established by Executive Order 13534 (75 Fed. Reg. 12433)), provide information and other assistance under the program established under subsection (b) to businesses in the United States, particularly small- and medium-sized businesses, to promote the production and exportation of clean energy technologies and related services. (2) Types of assistance.--The assistance provided under paragraph (1) shall include-- (A) analyzing and making recommendations with respect to policies to reduce production costs and encourage innovation, investment, and productivity among businesses in the United States that produce or export clean energy technologies or related services; (B) providing information to businesses in the United States with respect to-- (i) the process of exporting clean energy technologies and related services to foreign countries; (ii) opportunities for the exportation of such technologies and services to foreign countries; (iii) tailoring their products and activities to the needs of specific markets in foreign countries; and (iv) conducting business in foreign countries, including with respect to the financing, marketing, and assembly of exported products and other logistics with respect to those products; and (C) assisting businesses in the United States in expressing their views and providing input with respect to any policy developments relating to the production or exportation of clean energy technologies or related services. (d) Reports to Congress.-- (1) Report on implementation of program.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall submit to Congress a report describing how the program established under subsection (b) will be used to-- (A) encourage the production and exportation of clean energy technologies and related services in the United States; (B) encourage the creation and maintenance of clean energy technology jobs in the United States; and (C) benefit small- and medium-sized businesses in the United States. (2) Report on effectiveness of program.--Not later than January 1, 2015, the Under Secretary shall submit to Congress a report on the program established under subsection (b) that includes-- (A) an assessment of the extent to which the program has been successful-- (i) in analyzing and making recommendations with respect to policies to reduce production costs and encourage innovation, investment, and productivity among businesses in the United States that produce or export clean energy technologies or related services; (ii) in increasing the competitiveness of businesses in the United States that export clean energy technologies or related services to foreign countries; (iii) in assisting businesses in the United States, particularly small- and medium-sized businesses, in exporting clean energy technologies and related services; (iv) in creating and maintaining clean energy technology jobs in the United States; and (v) in assisting businesses in the United States in expressing their views and providing input with respect to any policy developments relating to the production or exportation of clean energy technologies or related services; (B) detailed information with respect to the nature, location, and duration of any jobs created or maintained as a result of the program established under subsection (b) and a description of the methodology used by the Under Secretary to compile that information; and (C) any recommendations with respect to continuing or improving the program.", "summary": "Clean Energy Technology Manufacturing and Export Assistance Act of 2011 - Requires the Secretary of Commerce to establish a Clean Energy Technology Manufacturing and Export Assistance Program, to be carried out by the Under Secretary for International Trade, to: (1) promote policies to reduce production costs and encourage innovation, investment, and productivity among businesses in the United States that produce or export clean energy technologies or related services; (2) implement a national strategy with respect to the exportation of such technologies and related services; and (3) ensure that such businesses, including suppliers of parts for the production of such technologies and engineering and design firms, have the information and assistance necessary to be competitive and to create and maintain clean energy technology jobs. Defines \"clean energy technology\" to means a technology related to the production, use, transmission, storage, control, or conservation of energy that is designed to: (1) reduce the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, or transporting energy with greater effectiveness; (2) diversify the sources of the energy supply of the United States to strengthen energy security and to increase supplies of energy with a favorable balance of environmental effects if the entire technology system is considered; or (3) contribute to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or long-term sequestration of energy-related emissions. Requires the Under Secretary, consistent with the National Export Initiative, to provide information and other assistance under the Program to businesses, particularly businesses with no more than 500 employees, to promote the production and exportation of such technologies and related services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair And Immediate Release of Generic Drugs Act'' or the ``FAIR Generics Act''. SEC. 2. 180-DAY EXCLUSIVITY PERIOD AMENDMENTS REGARDING FIRST APPLICANT STATUS. (a) Amendments to Federal Food, Drug, and Cosmetic Act.-- (1) In general.--Section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)) is amended-- (A) in clause (iv)(II)-- (i) by striking item (bb); and (ii) by redesignating items (cc) and (dd) as items (bb) and (cc), respectively; and (B) by adding at the end the following: ``(v) First Applicant Defined.--As used in this subsection, the term `first applicant' means an applicant-- ``(I)(aa) that, on the first day on which a substantially complete application containing a certification described in paragraph (2)(A)(vii)(IV) is submitted for approval of a drug, submits a substantially complete application that contains and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) for the drug; and ``(bb) that has not entered into a disqualifying agreement described under clause (vii)(II); or ``(II)(aa) for the drug that is not described in subclause (I) and that, with respect to the applicant and drug, each requirement described in clause (vi) is satisfied; and ``(bb) that has not entered into a disqualifying agreement described under clause (vii)(II). ``(vi) Requirement.--The requirements described in this clause are the following: ``(I) The applicant described in clause (v)(II) submitted and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) or a statement described in paragraph (2)(A)(viii) for each unexpired patent for which a first applicant described in clause (v)(I) had submitted a certification described in paragraph (2)(A)(vii)(IV) on the first day on which a substantially complete application containing such a certification was submitted. ``(II) With regard to each such unexpired patent for which the applicant described in clause (v)(II) submitted a certification described in paragraph (2)(A)(vii)(IV), no action for patent infringement was brought against such applicant within the 45 day period specified in paragraph (5)(B)(iii); or if an action was brought within such time period, such an action was withdrawn or dismissed by a court (including a district court) without a decision that the patent was valid and infringed; or if an action was brought within such time period and was not withdrawn or so dismissed, such applicant has obtained the decision of a court (including a district court) that the patent is invalid or not infringed (including any substantive determination that there is no cause of action for patent infringement or invalidity, and including a settlement order or consent decree signed and entered by the court stating that the patent is invalid or not infringed). ``(III) If an applicant described in clause (v)(I) has begun commercial marketing of such drug, the applicant described in clause (v)(II) does not begin commercial marketing of such drug until the date that is 30 days after the date on which the applicant described in clause (v)(I) began such commercial marketing.''. (2) Conforming amendment.--Section 505(j)(5)(D)(i)(IV) of such Act (21 U.S.C. 355(j)(5)(D)(i)(IV)) is amended by striking ``The first applicant'' and inserting ``The first applicant, as defined in subparagraph (B)(v)(I),''. (b) Applicability.--The amendments made by subsection (a) shall apply only with respect to an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which the amendments made by section 1102(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) apply. SEC. 3. 180-DAY EXCLUSIVITY PERIOD AMENDMENTS REGARDING AGREEMENTS TO DEFER COMMERCIAL MARKETING. (a) Amendments to Federal Food, Drug, and Cosmetic Act.-- (1) Limitations on agreements to defer commercial marketing date.--Section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)), as amended by section 2, is further amended by adding at the end the following: ``(vii) Agreement by first applicant to defer commercial marketing; limitation on acceleration of deferred commercial marketing date.-- ``(I) Agreement to defer approval or commercial marketing date.--An agreement described in this subclause is an agreement between a first applicant and the holder of the application for the listed drug or an owner of one or more of the patents as to which any applicant submitted a certification qualifying such applicant for the 180-day exclusivity period whereby that applicant agrees, directly or indirectly, (aa) not to seek an approval of its application that is made effective on the earliest possible date under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, (bb) not to begin the commercial marketing of its drug on the earliest possible date after receiving an approval of its application that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or (cc) to both items (aa) and (bb). ``(II) Agreement that disqualifies applicant from first applicant status.--An agreement described in this subclause is an agreement between an applicant and the holder of the application for the listed drug or an owner of one or more of the patents as to which any applicant submitted a certification qualifying such applicant for the 180-day exclusivity period whereby that applicant agrees, directly or indirectly, not to seek an approval of its application or not to begin the commercial marketing of its drug until a date that is after the expiration of the 180-day exclusivity period awarded to another applicant with respect to such drug (without regard to whether such 180-day exclusivity period is awarded before or after the date of the agreement). ``(viii) Limitation on acceleration.--If an agreement described in clause (vii)(I) includes more than 1 possible date when an applicant may seek an approval of its application or begin the commercial marketing of its drug-- ``(I) the applicant may seek an approval of its application or begin such commercial marketing on the date that is the earlier of-- ``(aa) the latest date set forth in the agreement on which that applicant can receive an approval that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or begin the commercial marketing of such drug, without regard to any other provision of such agreement pursuant to which the commercial marketing could begin on an earlier date; or ``(bb) 180 days after another first applicant begins commercial marketing of such drug; and ``(II) the latest date set forth in the agreement on which that applicant can receive an approval that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or begin the commercial marketing of such drug, without regard to any other provision of such agreement pursuant to which commercial marketing could begin on an earlier date, shall be the date used to determine whether an applicant is disqualified from first applicant status pursuant to clause (vii)(II).''. (2) Notification of fda.--Section 505(j) of such Act (21 U.S.C. 355(j)) is amended by adding at the end the following: ``(11)(A) The holder of an abbreviated application under this subsection shall submit to the Secretary a notification that includes-- ``(i)(I) the text of any agreement entered into by such holder described under paragraph (5)(B)(vii)(I); or ``(II) if such an agreement has not been reduced to text, a written detailed description of such agreement that is sufficient to disclose all the terms and conditions of the agreement; and ``(ii) the text, or a written detailed description in the event of an agreement that has not been reduced to text, of any other agreements that are contingent upon, provide a contingent condition for, or are otherwise related to an agreement described in clause (i). ``(B) The notification described under subparagraph (A) shall be submitted not later than 10 business days after execution of the agreement described in subparagraph (A)(i). Such notification is in addition to any notification required under section 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. ``(C) Any information or documentary material filed with the Secretary pursuant to this paragraph shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this paragraph is intended to prevent disclosure to either body of the Congress or to any duly authorized committee or subcommittee of the Congress.''. (3) Prohibited acts.--Section 301(e) of such Act (21 U.S.C. 331(e)) is amended by striking ``505 (i) or (k)'' and inserting ``505 (i), (j)(11), or (k)''. (b) Infringement of Patent.--Section 271(e) of title 35, United States Code, is amended by adding at the end the following: ``(7) The exclusive remedy under this section for an infringement of a patent for which the Secretary of Health and Human Services has published information pursuant to subsection (b)(1) or (c)(2) of section 505 of the Federal Food, Drug, and Cosmetic Act shall be an action brought under this subsection within the 45-day period described in subsection (j)(5)(B)(iii) or (c)(3)(C) of section 505 of the Federal Food, Drug, and Cosmetic Act.''. (c) Applicability.-- (1) Limitations on acceleration of deferred commercial marketing date.--The amendment made by subsection (a)(1) shall apply only with respect to-- (A) an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which the amendments made by section 1102(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) apply; and (B) an agreement described under section 505(j)(5)(B)(vii)(I) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)(1)) executed after the date of enactment of this Act. (2) Notification of fda.--The amendments made by paragraphs (2) and (3) of subsection (a) shall apply only with respect to an agreement described under section 505(j)(5)(B)(vii)(I) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)(1)) executed after the date of enactment of this Act.", "summary": "Fair And Immediate Release of Generic Drugs Act or the FAIR Generics Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to revise the definition of \u201cfirst applicant\u201d for purposes of the 180-day exclusivity period given to first applicants to file an abbreviated new drug application (generic drug). Makes applicants for a generic drug eligible for the exclusivity period only if they have not entered into a disqualifying agreement (an agreement between a generic drug applicant and the holder of the application for the listed drug [brand name drug] or the patentholder for the brand name drug whereby the generic drug applicant agrees not to seek approval of its generic drug or not to begin the commercial marketing of its generic drug until the expiration of the exclusivity period awarded to another generic applicant). Expands the definition of \u201cfirst applicant\u201d to include an applicant that meets the following criteria: (1) the applicant is not the first generic applicant; (2) either no action for patent infringement was brought, such action was withdrawn or dismissed by a court without a decision that the patent was valid and infringed, or the court decided that the patent was invalid or not infringed; and (3) the applicant does not begin commercial marketing of such drug until 30 days after the first applicant began such commercial marketing. Prohibits a party that enters an agreement to delay seeking approval of its generic drug application or to delay the commercial marketing of a generic drug from seeking approval of its application or beginning commercial marketing before the earlier of: (1) the latest date set forth in the agreement to seek approval or market the drug without regard to any earlier date under the agreement when commercial marketing could begin, or (2) 180 days after another first applicant begins commercial marketing of such drug. Requires notice to the Secretary of the Health and Human Services (HHS) of the details of any agreement under this Act not later than ten business days after execution of the agreement. Declares that the exclusive remedy for an infringement of a patent included within a new drug application shall be an action brought under the FFDCA within the 45-day period prescribed."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Equity Act''. SEC. 2. FINDINGS. Congress finds that-- (1) all communities and individuals are entitled to protection from occupational and other exposure to substances that are hazardous to the public health; (2) hazardous substances have had a disproportionate impact on the public health of poor and ethnic minority communities and individuals, resulting in exclusion from participation in, denial of benefits under, and discrimination under, programs and activities receiving Federal financial assistance; and (3) each Federal agency has an obligation to ensure that all federally assisted programs and activities that affect human health do not directly or through contractual arrangements use criteria, methods, or practices that cause discrimination on the ground of race, color, or national origin. SEC. 3. PUBLIC HEALTH EQUITY. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new title: ``TITLE XXVII--PUBLIC HEALTH EQUITY ``SEC. 2701. DEFINITIONS. ``As used in this title: ``(1) Activity; program.--The term `program or activity' means any operation of-- ``(A)(i) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or ``(ii) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; ``(B)(i) a college, university, or other postsecondary institution, or a public system of higher education; or ``(ii) a local educational agency (as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system; ``(C)(i) an entire corporation, partnership, or other private organization, or an entire sole proprietorship-- ``(I) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or ``(II) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or ``(ii) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or ``(D) any other entity which is established by two or more of the entities described in subparagraph (A), (B), or (C); any part of which is extended Federal financial assistance relating to a covered substance. ``(2) Administrator.--The term `Administrator' has the meaning given the term in section 511(7) of the Education for Economic Security Act (20 U.S.C. 4020(7)). ``(3) Covered substance.--The term `covered substance' means-- ``(A) any material subject to the requirements concerning material safety data sheets for chemicals under the Occupational and Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); ``(B) any contaminant identified in title XIV; ``(C) any substance described in section 201(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(q)), and any material registered pursuant to the Act referred to in such section; ``(D) any chemical listed by the National Toxicology Program of the Department of Health and Human Services as a known or probable human carcinogen; and ``(E) any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) and any chemical subject to section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023). ``SEC. 2702. NONDISCRIMINATION. ``(a) Prohibition of Discrimination.--The President shall ensure that no person shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or activity, on the ground of race, color, or national origin. ``(b) Promulgation of Regulations.-- ``(1) Subject.--Subject to paragraph (2), the Secretary of Labor, the Secretary of Health and Human Services, the Administrator, and any other head of a Federal agency with responsibility for providing Federal financial assistance to a program or activity shall issue regulations implementing the nondiscrimination requirements described in subsection (a) in accordance with any applicable law. The regulations shall bar acts with discriminatory effects as well as intentionally discriminatory acts. The regulations shall address actions of programs or activities that result in disproportionate exposure to a covered substance on the basis of race, color, or national origin. ``(2) Timetable.--In issuing regulations under paragraph (1)-- ``(A) not later than 180 days after the date of enactment of this Act, each individual described in paragraph (1) shall publish a notice of proposed rulemaking in the Federal Register; ``(B) each individual described in paragraph (1) shall provide a public comment period, subject to section 553 of title 5, United States Code, of 60 days after the publication of the notice of proposed rulemaking required under subparagraph (A); and ``(C) not later than 45 days after the close of the public comment period required under subparagraph (B), each individual described in paragraph (1) shall publish final regulations.''.", "summary": "Public Health Equity Act - Amends the Public Health Service Act to add a new title, title XXVII: Public Health Equity. Prohibits, under such title, acts with discriminatory effect as well as intentionally discriminatory acts that result in disproportionate exposure to a covered substance on the basis of race, color, or national origin. Defines a covered substance to include certain hazardous materials, substances, contaminants, or chemicals listed, identified, or defined in specified laws."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Contaminated and underused or abandoned industrial sites in distressed communities are, economically, at a competitive disadvantage relative to greenfield sites, as capital for their cleanup and redevelopment may not be available. (2) Contaminated and underused and abandoned industrial properties located in distressed areas, owned by private, public, or nonprofit entities, often with significant economic development potential once cleaned up, are unable to secure initial financing for site remediation. (3) Considerable public benefits can accrue from such sites once cleaned up and brought back to productive reuse, especially those devoted to industrial purposes that employ environmentally sound practices. (4) Voluntary cleanup programs spur private sector cleanups when the property value is sufficient and its location favorable enough to make the additional costs of cleanup economically feasible, but this approach does not resolve the problems facing properties with little or no value, common among sites located in economically distressed areas. (5) Because of their experience in administering targeted loan assistance programs, States are in a good position to use Federal funds to capitalize revolving loan funds to support local cleanup and redevelopment projects. (b) Purpose.--The purpose of this Act is to establish a pilot project to revitalize distressed communities by providing loans for cleanup of certain industrial properties that have the potential to attract private investment, foster clean manufacturing, and create jobs for local residents. SEC. 3. PILOT PROJECT PROVIDING REVOLVING LOAN FUND FOR CLEANUPS UNDER STATE VOLUNTARY CLEANUP PROGRAMS. (a) Establishment of Loan Program.--The Administrator of the Environmental Protection Agency (hereinafter in this Act referred to as the ``Administrator'') shall establish a pilot project to provide a capitalization loan to one or more States that submit applications to the Administrator to establish or expand a State revolving loan fund for purposes of providing loans for voluntary environmental cleanups of eligible facilities. (b) Application for Loan.--An application for a capitalization loan under this section shall be in such form as the Administrator considers appropriate. At a minimum, the application shall include each of the following: (1) Evidence that the State is carrying out a voluntary cleanup program for eligible facilities. The Administrator shall ensure that the State voluntary program provides, at a minium, adequate opportunities for public participation, sufficient technical assistance, and oversight to ensure that cleanups comply with Federal and State laws, and certification to the owner and prospective purchaser that the cleanup is complete. (2) Evidence that the State will provide a matching share of at least 20 percent of the costs of such cleanup from either new or existing sources of State funding. (3) A description of the State's proposed revolving loan program and of the State's capability to manage the program. States may use interest income or loan repayments (in an amount equal to not more than 10 percent of their revolving loan fund amount) for program administrative purposes. At a minimum, the State's revolving loan program shall-- (A) provide loans to both public and private parties conducting voluntary cleanups under the State's voluntary cleanup program who are unable to secure loans from private lending institutions or other means of financing; (B) require that borrowers demonstrate credit worthiness and the ability to carry out the cleanup; and (C) give priority to loans for the purpose of cleaning up-- (i) facilities that are planned to be reused for industrial purposes that employ environmentally sound practices; and (ii) facilities that will generate jobs for contractors whose principal place of business is the political subdivision in which the facility is located or for laborers who reside in such political subdivisions. (4) A statement that the State will begin repayment of the loan within 5 years after receipt of the loan, and evidence of the State's ability to repay the loan. (5) A statement that a loan from the revolving loan fund will not be used to pay for any of the following: (A) New construction. (B) Environmental fines or penalties. (C) Speculative assessments or speculative rehabilitation at facilities with little or no potential for economic development. (6) Such other elements as the Administrator considers appropriate. (c) Amount of Loan.--The Administrator shall determine the distribution of funds among the eligible States. The amount of a capitalization loan made by the Administrator under this Act to a State may not exceed 15 percent of the amount available each year to all the eligible States. (d) Authorization.--There are authorized to be appropriated to the Administrator for purposes of making capitalization loans to States under the pilot project established by this section the sum of $5,000,000 for fiscal year 1996 and $7,500,000 for each of the fiscal years 1997 and 1998. SEC. 4. DEFINITIONS. For purposes of this Act the term ``eligible facility'' means a facility or property in a State that is determined by the State to have environmental contamination that-- (1) could prevent the timely use, development, or reuse of the facility or property; and (2) is limited in scope and can be comprehensively and readily evaluated. Such term shall not include any of the following: (A) A facility that is eligible for abatement action under section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (B) A facility that, as of the date of the enactment of this Act, is subject to Federal enforcement action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (C) A facility included, or proposed for inclusion, on the National Priorities List or on the comprehensive environmental response, compensation, and liability inventory system (``CERCLIS'') that has been evaluated as high priority under the hazard ranking system. (D) A facility required to have a permit under section 3005 of the Solid Waste Disposal Act that does not have a permit under that section and does not qualify for authorization to operate in interim status under subsection (e) of that section. (E) A land disposal unit with respect to which a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is submitted and closure requirements are specified in a closure plan or permit. (F) A facility subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 5924(u) or 6928(h)) that is evaluated as high priority under the Environmental Protection Agency's National Corrective Action Priority System as set forth in regulations under subtitle C of the Solid Waste Disposal Act. (G) A facility at which assistance for response activities may be obtained pursuant to subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986. (H) A facility owned or operated by a department, agency, or instrumentality of the United States.", "summary": "Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1996 - Directs the Administrator of the Environmental Protection Agency to establish a pilot project to provide capitalization loans to States to establish or expand revolving loan funds that provide loans for voluntary environmental cleanups of eligible facilities (those determined by the State to have limited environmental contamination that can be readily and comprehensively evaluated and that could prevent the timely use, development, or reuse of the facility or property). Authorizes appropriations. Makes ineligible for such assistance facilities that are: (1) eligible for abatement actions, or subject to Federal enforcement action, under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; (2) on or proposed for inclusion on the National Priorities List or evaluated as high priority under the hazard ranking system; (3) subject to certain actions, or unqualified to conduct certain hazardous waste disposal activities, under the Solid Waste Disposal Act; or (4) owned or operated by the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Smith-Mundt Modernization Act of 2012''. SEC. 2. DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED STATES. (a) United States Information and Educational Exchange Act of 1948.--Section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461) is amended to read as follows: ``general authorization ``Sec. 501. (a) The Secretary and the Broadcasting Board of Governors are authorized to use funds appropriated or otherwise made available for public diplomacy information programs to provide for the preparation, dissemination, and use of information intended for foreign audiences abroad about the United States, its people, and its policies, through press, publications, radio, motion pictures, the Internet, and other information media, including social media, and through information centers, instructors, and other direct or indirect means of communication. ``(b)(1) Except as provided in paragraph (2), the Secretary and the Broadcasting Board of Governors may, upon request and reimbursement of the reasonable costs incurred in fulfilling such a request, make available, in the United States, motion pictures, films, video, audio, and other materials prepared for dissemination abroad or disseminated abroad pursuant to this Act, the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.), or the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). The Secretary and the Broadcasting Board of Governors shall issue necessary regulations-- ``(A) to establish procedures to maintain such material; ``(B) for reimbursement of the reasonable costs incurred in fulfilling requests for such material; and ``(C) to ensure that the persons seeking release of such material have secured and paid for necessary United States rights and licenses. ``(2) With respect to material prepared for dissemination abroad or disseminated abroad before the effective date of the Smith-Mundt Modernization Act of 2012-- ``(A) the Secretary and the Broadcasting Board of Governors shall make available to the Archivist of the United States, for domestic distribution, motion pictures, films, videotapes, and other material 12 years after the initial dissemination of the material abroad; and ``(B) the Archivist shall be the official custodian of the material and shall issue necessary regulations to ensure that persons seeking its release in the United States have secured and paid for necessary United States rights and licenses and that all costs associated with the provision of the material by the Archivist shall be paid by the persons seeking its release, in accordance with paragraph (3). ``(3) The Archivist may charge fees to recover the costs described in paragraph (2), in accordance with section 2116(c) of title 44. Such fees shall be paid into, administered, and expended as part of the National Archives Trust Fund. ``(c) Nothing in this section may be construed to require the Secretary or the Broadcasting Board of Governors to make material disseminated abroad available in any format other than in the format disseminated abroad.''. (b) Rule of Construction.--Nothing in this section may be construed to affect the allocation of funds appropriated or otherwise made specifically available for public diplomacy. (c) Foreign Relations Authorization Act, Fiscal Years 1986 and 1987.--Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended to read as follows: ``SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF PROGRAM MATERIAL. ``(a) In General.--No funds authorized to be appropriated to the Department of State or the Broadcasting Board of Governors shall be used to influence public opinion in the United States. This section shall apply only to programs carried out pursuant to the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.), and the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). This section shall not prohibit or delay the Department of State or the Broadcasting Board of Governors from providing information about its operations, policies, programs, or program material, or making such available, to the media, public, or Congress, in accordance with other applicable law. ``(b) Rule of Construction.--Nothing in this section shall be construed to prohibit the Department of State or the Broadcasting Board of Governors from engaging in any medium or form of communication, either directly or indirectly, because a United States domestic audience is or may be thereby exposed to program material, or based on a presumption of such exposure. Such material may be made available within the United States and disseminated, when appropriate, pursuant to sections 502 and 1005 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1462 and 1437), except that nothing in this section may be construed to authorize the Department of State or the Broadcasting Board of Governors to disseminate within the United States any program material prepared for dissemination abroad on or before the effective date of the Smith-Mundt Modernization Act of 2012. ``(c) Application.--The provisions of this section shall apply only to the Department of State and the Broadcasting Board of Governors and to no other department or agency of the Federal Government.''. (d) Conforming Amendments.--The United States Information and Educational Exchange Act of 1948 is amended-- (1) in section 502 (22 U.S.C. 1462)-- (A) by inserting ``and the Broadcasting Board of Governors'' after ``Secretary''; and (B) by inserting ``or the Broadcasting Board of Governors'' after ``Department''; and (2) in section 1005 (22 U.S.C. 1437), by inserting ``and the Broadcasting Board of Governors'' after ``Secretary'' each place it appears. (e) Effective Date.--This Act shall take effect and apply on the date that is 180 days after the date of the enactment of this Act.", "summary": "Smith-Mundt Modernization Act of 2012 - Amends the United States Information and Educational Exchange Act of 1948 to authorize the Secretary of State and the Broadcasting Board of Governors to provide for the preparation and dissemination of information intended for foreign audiences abroad about the United States, including about its people, its history, and the federal government's policies, through press, publications, radio, motion pictures, the Internet, and other information media, including social media, and through information centers and instructors. (Under current law such authority is restricted to information disseminated abroad, with a limited domestic exception.) Authorizes the Secretary and the Board to make available in the United States motion pictures, films, video, audio, and other materials prepared for dissemination abroad or disseminated abroad pursuant to such Act, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, or the Television Broadcasting to Cuba Act. Amends the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 to prohibit funds for the Department of State or the Board from being used to influence public opinion or propagandizing in the United States. (Under current law such provision applies to the United States Information Agency [USIA].) Applies such prohibition only to programs carried out pursuant to the United States Information and Educational Exchange Act of 1948, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba Act. States that such provision shall: (1) not prohibit the Department or the Board from providing information about its operations, policies, programs, or program material, or making such information available to members of the media, public, or Congress; (2) not be construed to prohibit the Department from engaging in any medium of information on a presumption that a U.S. domestic audience may be exposed to program material; and (3) apply only to the Department and the Board and to no other federal department or agency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Obstetric Care Act of 1993''. SEC. 2. MEDICAID DEMONSTRATION PROJECTS TO IMPROVE ACCESS IN UNDERSERVED AREAS TO OBSTETRIC SERVICES. (a) In General.--The Secretary of Health and Human Services shall provide under this section for demonstration projects by States that seek to reduce infant mortality by improving access in urban and rural underserved areas to obstetric services for eligible pregnant women under title XIX of the Social Security Act. (b) Nature of Projects.--Demonstration projects under this section shall incorporate innovative approaches for increasing the participation of obstetric providers under title XIX of the Social Security Act, such as-- (1) expediting reimbursement and using innovative payment mechanisms, including global fees for obstetric services with guaranteed periodic payments; (2) special or enhanced reimbursement for early prenatal care, risk-assessment, and high-risk services; (3) patient distribution or referral systems; (4) subsidizing medical liability insurance premiums, in whole or in part, for selected obstetric providers; (5) paying for all or a portion of payments made in settlement of malpractice claims by patients of obstetric providers who meet certain criteria; and (6) providing professional liability coverage under the State tort claims act for certain obstetric providers while treating a specified category of patients. Demonstration projects addressing reimbursement must provide for integrated prenatal, delivery and postpartum services. (c) Supplemental Funding.--(1) With respect to the additional expenditures for medical assistance made under the State plan under title XIX of the Social Security Act to carry out a demonstration project under this section, the Federal medical assistance percentage (otherwise determined under section 1905(b) of such Act) shall be increased by 25 percentage points (but in no case to a percentage greater than 95 percent). (2) The amount of funds that may be expended as medical assistance to carry out the purposes of this section shall be such sums as may be appropriated during the 5-fiscal-year period beginning with fiscal year 1994. (d) Waiver Authority.--(1) Except as provided under paragraphs (2) and (3), the Secretary is authorized to waive the requirements of title XIX of the Social Security Act to the extent necessary to implement demonstration projects under this section. (2) Except as permitted under section 1915(b)(1) of the Social Security Act, the Secretary may not waive under paragraph (1) the requirement of sections 1902(a)(23) and 1916 of such Act. (3) The Secretary may not approve a demonstration project under this section, or a waiver under paragraph (1), that reduces the amount, duration, or scope of medical assistance made available under title XIX of the Social Security Act or that results in a loss of eligibility for individuals otherwise eligible for such assistance. (e) Timely Action on Applications.--A request to the Secretary by a State for approval of a demonstration project under this section (and any accompanying waiver of a requirement of title XIX of the Social Security Act) shall be deemed granted unless the Secretary, within 90 days after the date of its submission to the Secretary, either denies such request in writing or informs the State in writing with respect to any additional information which is needed in order to make a final determination with respect to the request. After the date the Secretary receives such additional information, the request shall be deemed granted unless the Secretary, within 90 days of such date, denies the request. (f) Duration.--A demonstration project under this section may be conducted for any portion of the period beginning after the date of enactment of this Act and ending December 31, 1997. (g) Evaluation.--Such projects must include a plan for evaluating the effects of the demonstration projects on provider participation. (h) Report.--The Secretary shall report to Congress, not later than March 1, 1998, on the demonstration projects carried out under this section and on how the results of such projects may be used to implement programs to lower infant mortality and morbidity through improving the access of pregnant women to obstetric services in urban and rural underserved areas. (i) Obstetric Provider Defined.--In this section, the term ``obstetric provider'' means an obstetrician, obstetrician- gynecologist, family practitioner, certified nurse midwife, or certified family nurse practitioner. SEC. 3. ANNUAL COMPENDIUM ON STATE INITIATIVES. (a) In General.--The Secretary of Health and Human Services, in consultation with the Office of Rural Health Policy, shall develop and make available to the public each year a compendium of the various State initiatives undertaken to address the obstetric access crisis in urban and rural areas. (b) Nature of Compendium.--The compendium shall include information on State laws, regulations, programs and other initiatives undertaken to increase access to obstetric care in underserved areas. The compendium shall include information on activities addressing liability problems, efforts to retain and place providers of pregnancy-related services in underserved areas, and efforts to recruit and retain providers of obstetric services under the Medicaid program. The compendium shall also include information on the results on any evaluations that have been conducted on such initiatives. SEC. 4. STUDY OF OBSTETRICAL MALPRACTICE CLAIMS. (a) Study.--The Secretary of Health and Human Services shall provide a grant to a public or private nonprofit organization to conduct a study on the rate of medical malpractice actions or claims relating to obstetrical care for patients whose care is paid for by title XIX of the Social Security Act as compared to those whose care is paid for by private insurance. Such study shall include a review of medical records at selected hospitals, including rural hospitals, to determine the rates for each group. (b) Report.--By not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a). (c) Medical Malpractice Action or Claim Defined.--In this section, the term ``medical malpractice action or claim'' has the meaning given such term in section 431(7) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11151(7)).", "summary": "Access to Obstetric Care Act of 1993 - Directs the Secretary of Health and Human Services to: (1) provide for demonstration projects to improve access to obstetric services in underserved urban and rural areas for eligible pregnant women under title XIX (Medicaid) of the Social Security Act; (2) develop and make public each year a compendium of State initiatives to address the obstetric access crisis; and (3) provide a grant for the study of obstetrical malpractice claims."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Disciplinary Fairness Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Too many juveniles are introduced to the formal criminal justice system for minor behavioral infractions at school. (2) Common behavioral infractions at school often result in suspension, expulsion, or incarceration of the juvenile students involved. (3) Zero-tolerance school discipline policies increase the number of incarcerated juveniles. (4) Research shows that juveniles who are incarcerated are significantly less likely to complete secondary school, experience less human capital development and diminished earnings potential, and are more likely to recidivate and be incarcerated as adults. SEC. 3. SCHOOL DISCIPLINE POLICY. The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by inserting after title V the following new title: ``TITLE VI--SCHOOL DISCIPLINE POLICY ``SEC. 601. ESTABLISHMENT OF OFFICE. ``(a) In General.--There is hereby established within the Office of Juvenile Justice and Delinquency Prevention an Office of School and Discipline Policy (referred to in this title as the `Office'), headed by a Director appointed by the Administrator of the Office of Juvenile Justice and Delinquency Prevention. ``(b) Purpose.--The purpose of the Office shall be to reduce the number of juveniles who are incarcerated and develop a criminal record based on activity that occurs while the juvenile is at school. ``SEC. 602. DUTIES. ``The Office shall-- ``(1) collect and publish data, in collaboration with the Office for Civil Rights of the Department of Education, relating to the arrest and incarceration of juvenile students for violations of school rules or policies; ``(2) work with States, units of local government, local educational agencies, and non-governmental organizations in order to expand the use of alternatives to detention and incarceration programming in schools in order to reduce the number of juvenile students who are arrested and incarcerated for violating school rules or policies; and ``(3) collect and publish data, in collaboration with the Office of Justice Programs, relating to the relationship between the presence of a school resource officer at a school and the rate of juvenile students who are arrested and incarcerated for violations of school rules or policies. ``SEC. 603. SCHOOL DISCIPLINE POLICY GRANT PROGRAM. ``(a) Grants Authorized.--The Director may make grants to States, units of local government, and local educational agencies in order to further the purpose described in section 601(b). ``(b) Application.--A State, unit of local government, or local educational agency seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require. ``(c) Preference.--The Director shall give preference in awarding grants to an applicant that demonstrates that it has, at the time of submitting an application, begun to take steps to further the purpose described in section 601(b). ``(d) Uses of Funds.--A State, unit of local government or local educational agency that receives a grant under this section shall use such funds for programs that reduce the rate of juvenile students who are arrested and incarcerated for violations of school rules or policies, and any other activity that the Director determines will further the purpose described in section 601(b). ``SEC. 604. DEFINITIONS. ``In this title: ``(1) The term `school' means an elementary school or a secondary school as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(2) The term `school resource officer' has the meaning given such term in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8). ``(3) The term `local educational agency' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(4) The term `juvenile student' means a juvenile who is enrolled in school. ``SEC. 605. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated such sums as may be necessary for fiscal years 2014 and 2015 to carry out this title.''. SEC. 4. CONDITIONS FOR STATES TO RECEIVE ``COPS ON THE BEAT'' GRANTS. Section 1702(c) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (11), the following new paragraph: ``(12) in the case of an applicant that is a State or unit of local government, provide assurances that-- ``(A) the administration of juvenile justice in the applicant's jurisdiction is consistent with any requirements of the United States Constitution and the 4th, 5th, and 14th amendments to the Constitution, including assurances that-- ``(i) before a juvenile is arrested, the arresting law enforcement officer must have probable cause specific to that juvenile; and ``(ii) juveniles who are arrested must receive adequate procedural due process, including-- ``(I) adequate and timely notice to the juvenile and the juvenile's guardian regarding any court proceedings related to the incident for which the juvenile was arrested; ``(II) representation by an attorney in any court proceeding as a result of which the juvenile could face incarceration; ``(III) protections against self- incrimination; and ``(IV) an opportunity to cross- examine any witness testifying against the juvenile; and ``(B) any contract governing the terms of probation for a juvenile shall not contain any clauses that-- ``(i) the juvenile cannot understand; and ``(ii) in the case of a juvenile student (as such term is defined in section 604 of the Juvenile Justice and Delinquency Prevention Act of 1974), could result in incarceration for violations of school rules or policies.''. SEC. 5. AUTHORITY FOR THE ATTORNEY GENERAL TO ACCESS CERTAIN RECORDS RELATING TO JUVENILE JUSTICE. Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14141) is amended by adding at the end the following: ``(c) Access to Certain Records Relating to Juvenile Justice.--The Attorney General may issue subpoenas requiring the production of any documents relating to any matter which the Attorney General is authorized to investigate under subsection (a).''. SEC. 6. DEPARTMENT OF EDUCATION GRANT PROGRAM. (a) Program Authorized.--From the amounts appropriated to carry out this section, the Secretary of Education (acting through the Office of Civil Rights of the Department of Education) shall make grants to eligible entities to fund training for school personnel in elementary schools and secondary schools on de-escalation techniques to teach the personnel procedures and tactics to mitigate delinquent student behavior which may avoid a referral to law enforcement officials. (b) Application.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require, including information that demonstrates that the eligible entity-- (1) is fully compliant with all applicable Federal school discipline data reporting requirements, including, if applicable, the reporting requirements of section 618 of the Individuals with Disabilities Education Act of 1965 (20 U.S.C. 1418(a)); and (2) has provided complete information to all applicable data surveys of Department of Education, including the Office for Civil Rights. (c) Limitation.--An elementary school or secondary school may only receive assistance under this section during a grant period from 1 eligible entity receiving a grant under this section during the grant period. (d) Definitions.--For purposes of this section: (1) Eligible entity.--The term ``eligible entity'' means a State, unit of general local government, or juvenile justice agency. (2) General esea terms.--The terms ``elementary schools'', ``secondary schools'', and ``State'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) School personnel.--The term ``school personnel'' has the meaning given the term in section 4151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7161). (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal years 2014 and 2015 to carry out this section.", "summary": "Student Disciplinary Fairness Act of 2015 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish an Office of School and Discipline Policy within the Department of Justice (DOJ). The Office must collect and publish data on the arrests or incarceration of juvenile students for violations of school rules or policies. It must also collaborate with states and local governments to expand alternatives to juvenile detention and incarceration. The legislation amends the Omnibus Crime Control and Streets Act of 1968 to require state or local governments that apply for public safety and community policing grants to provide assurances that the administration of juvenile justice in their jurisdictions is consistent with constitutional guarantees, including due process and equal protection, and that probation terms for a juvenile meet certain conditions. This bill amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize DOJ to issue subpoenas during investigations of law enforcement agencies for alleged patterns or practices of conduct that violate constitutional rights. The Office of Civil Rights of the Department of Education must make grants to states, local governments, and juvenile justice agencies to train elementary and secondary school teachers and administrators on de-escalation techniques to mitigate delinquent student behavior."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Certified Registered Nurse First Assistant Direct Reimbursement Act of 2001''. SEC. 2. MEDICARE COVERAGE OF SURGICAL FIRST ASSISTING SERVICES OF CERTIFIED REGISTERED NURSE FIRST ASSISTANTS. (a) Services Covered.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (1) by striking ``and'' at the end of subparagraph (U); (2) by inserting ``and'' at the end of subparagraph (V); and (3) by adding at the end the following new subparagraph: ``(W) surgical first assisting services (as defined in subsection (ww)(1)) furnished by a certified registered nurse first assistant (as defined in subsection (ww)(2));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) , as amended by sections 102(b) and 105(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``Surgical First Assisting Services; Certified Registered Nurse First Assistant ``(ww)(1) The term `surgical first assisting services' means services consisting of first assisting a physician with surgery and related preoperative, intraoperative, and postoperative care (as determined by the Secretary) furnished by a certified registered nurse first assistant (as defined in paragraph (2)) which the certified registered nurse first assistant is legally authorized to perform by the State in which the services are performed. ``(2) The term `certified registered nurse first assistant' means an individual who-- ``(A) is a registered nurse and is licensed to practice nursing in the State in which the surgical first assisting services are performed; ``(B) has completed a minimum of 2,000 hours of first assisting a physician with surgery and related preoperative, intraoperative, and postoperative care; and ``(C) is certified as a registered nurse first assistant by an organization recognized by the Secretary.''. (c) Payment Amount.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by sections 105(c) and 223(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as enacted into law by section 1(a)(6) of Public Law 106- 554, is amended-- (1) by striking ``and'' before ``(U)''; and (2) by inserting before the semicolon at the end the following: ``, and (V) with respect to surgical first assisting services (as defined in section 1861(ww)(1)) furnished by a certified registered nurse first assistant (as defined in section 1861(ww)(2)), the amount paid shall be 80 percent of the lesser of the actual charge for the services or 85 percent of the amount determined under the fee schedule established under section 1848(b) for the same services if furnished by a physician''. (d) Payments to Employers.-- (1) In general.--Section 1833(r) of the Social Security Act (42 U.S.C. 1395l(r)) is amended-- (A) in paragraph (1), by inserting ``or section 1861(s)(2)(W) (relating to surgical first assisting services)'' after ``clinical nurse specialist services)''; and (B) in paragraph (2), by striking ``1861(s)(2)(K)(ii)'' and inserting ``1861(s)(2)(K)(ii) or 1861(s)(2)(W)''. (2) Application of mandatory assignment rules.--Section 1842(b)(18)(C)(i) of such Act (42 U.S.C. 1395u(b)(18)(C)(i)) is amended by striking ``physician assistant, nurse practitioner, clinical nurse specialist'' and inserting ``physician assistant, nurse practitioner, clinical nurse specialist, or certified registered nurse first assistant''. (3) Exclusion from bundled payments for covered skilled nursing facility services.--Section 1888(e)(2)(A)(ii) of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``surgical first assisting services of a certified registered nurse first assistant,'' after ``services of a certified registered nurse anesthetist,''. (e) Reduction in Payments To Avoid Duplicate Payment.-- Notwithstanding any other provision of law, the Secretary of Health and Human Services may reduce the amount of payments otherwise made to hospitals under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) to eliminate estimated duplicate payments for historical or current costs attributable to surgical first assisting services furnished by certified registered nurse first assistants as described in section 1861(ww) of such Act (as added by subsection (a)). (f) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date of the enactment of this Act. SEC. 3. STUDY OF PAYMENT RATES. Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing recommendations for adjustments to the payment amounts established under part B of title XVIII of the Social Security Act for surgical first assisting services furnished by certified registered nurse first assistants (as described in section 1861(ww) of such Act (as added by section 1(a)) to ensure that the payment amounts reflect the approximate costs of furnishing such services, taking into account the costs of compensation, overhead, and supervision attributable to certified registered nurse first assistants.", "summary": "Medicare Certified Registered Nurse First Assistant Direct Reimbursement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of surgical first assisting services furnished by certified registered nurse first assistants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Generating Antibiotic Incentives Now Act of 2011''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Extension of exclusivity period for drugs. Sec. 4. Additional extension of exclusivity period for qualified infectious disease products for which a companion diagnostic test is cleared or approved. Sec. 5. Priority review. Sec. 6. Fast track product. Sec. 7. Study on incentives for qualified infectious disease biological products. Sec. 8. Clinical trials. SEC. 3. EXTENSION OF EXCLUSIVITY PERIOD FOR DRUGS. (a) In General.--The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505D (21 U.S.C. 355e) the following: ``SEC. 505E. EXTENSION OF EXCLUSIVITY PERIOD FOR NEW QUALIFIED INFECTIOUS DISEASE PRODUCTS. ``(a) Extension.--If, prior to approval of a drug pursuant to an application submitted under section 505(b), the Secretary determines that the drug is a qualified infectious disease product, then the four- and five-year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the three-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) of section 505, or the seven-year period described in section 527, as applicable, shall be extended by five years. ``(b) Relation to Pediatric Exclusivity.--Any extension under subsection (a) of a period shall be in addition to any extension of the period under section 505A with respect to the drug. ``(c) Limitations.--Subsection (a) does not apply to the approval of-- ``(1) a supplement to an application under section 505(b) for any qualified infectious disease product for which an extension described in subsection (a) is in effect or has expired; or ``(2) a subsequent application filed by the same sponsor or manufacturer of a qualified infectious disease product described in paragraph (1) (or a licensor, predecessor in interest, or other related entity) for-- ``(A) a change (not including a modification to the structure of the qualified infectious disease product) that results in a new indication, route of administration, dosing schedule, dosage form, delivery system, delivery device, or strength; or ``(B) a modification to the structure of the qualified infectious disease product that does not result in a change in safety or effectiveness. ``(d) Determination.--The manufacturer or sponsor of a drug may request the Secretary to designate a drug as a qualified infectious disease product. Such a request for designation shall be made at least 45 days before the submission of an application under section 505(b) for such drug. The Secretary shall, not later than 30 days after the submission of such request, determine whether the drug is a qualified infectious disease product. ``(e) Regulations.--The Secretary shall promulgate regulations for carrying out this section. The Secretary shall promulgate the initial regulations for carrying out this section not later than 12 months after the date of the enactment of this section. ``(f) Definitions.--In this section: ``(1) Qualified infectious disease product.--The term `qualified infectious disease product' means an antibiotic drug for treating, detecting, preventing, or identifying a qualifying pathogen. ``(2) Qualifying pathogen.--The term `qualifying pathogen' means-- ``(A) resistant gram positive pathogens, including methicillin-resistant Staphylococcus aureus (MRSA), vancomycin-resistant Staphylococcus aureus (VRSA), and vancomycin-resistant enterococcus (VRE); ``(B) multi-drug resistant gram negative bacteria, including Acinetobacter, Klebsiella, Pseudomonas, and E. coli species; ``(C) multi-drug resistant tuberculosis; or ``(D) any other infectious pathogen identified for purposes of this section by the Secretary.''. (b) Application.--Section 505E of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies only with respect to a drug that is first approved under section 505(c) of such Act (21 U.S.C. 355(c)) on or after the date of the enactment of this Act. SEC. 4. ADDITIONAL EXTENSION OF EXCLUSIVITY PERIOD FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS FOR WHICH A COMPANION DIAGNOSTIC TEST IS CLEARED OR APPROVED. The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), as amended by section 3, is further amended by inserting after section 505E the following: ``SEC. 505E-1. ADDITIONAL EXTENSION OF EXCLUSIVITY FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS FOR WHICH A COMPANION DIAGNOSTIC TEST IS CLEARED OR APPROVED. ``(a) In General.--If the sponsor or manufacturer of a qualified infectious disease product identifies in accordance with subsection (b) a companion diagnostic test described in subsection (c), any period extended under section 505E(a) with respect to such product shall be further extended by 6 months. ``(b) Identification Requirements.--For purposes of subsection (a), the identification of a companion diagnostic test shall-- ``(1) be made in such manner as the Secretary may require; and ``(2) occur before the expiration of the period to be extended under subsection (a), not counting any extension to such period under section 505E(a) or 505A. ``(c) Companion Diagnostic Test.--For purposes of subsection (a), a device is a companion diagnostic test with respect to a qualified infectious disease product if each of the following is met: ``(1) The device is determined by the Secretary under subsection (f) to be a test for diagnosis of a qualifying pathogen. ``(2) The qualified infectious disease product has been determined under section 505E(d) to be for treating, detecting, preventing, or identifying such qualifying pathogen. ``(3) The device is cleared under section 510(k) or approved under section 515. ``(4) The sponsor or manufacturer, as applicable, of the qualified infectious disease product has the exclusive rights to submit an identification under subsection (a) with respect to the device. ``(d) Relation to Pediatric Exclusivity.--Any extension under subsection (a) of a period with respect to a qualified infectious disease product shall be in addition to any extension of the period under section 505A of this Act with respect to the product. ``(e) Limitations.--After the extension of any period under subsection (a) with respect to a qualified infectious disease product pursuant to the identification of a device as a companion diagnostic test, subsection (a) does not authorize-- ``(1) any subsequent extension with respect to such product; or ``(2) any extension with respect to any other product pursuant to identification of such device. ``(f) Determination.--The sponsor or manufacturer of a drug may request the Secretary to determine that a device is a test for diagnosis of a qualifying pathogen. Such a request shall be made at least 45 days before the submission of a notification under section 510(k) or an application under section 515 for such device. The Secretary shall, not later than 30 days after the submission of such request, determine whether the device is a test for diagnosis of a qualifying pathogen. ``(g) Definitions.--In this section: ``(1) The term `qualified infectious disease product' means a drug that is determined to be a qualified infectious disease product under section 505E. ``(2) The term `qualifying pathogen' has the meaning given to such term in section 505E.''. SEC. 5. PRIORITY REVIEW. (a) Amendment.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524 (21 U.S.C. 360n) the following: ``SEC. 524A. PRIORITY REVIEW FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS. ``(a) In General.--If the Secretary makes a determination under section 505E(c) that a drug is a qualified infectious disease product, then the Secretary shall give priority review to any application submitted for approval for such drug under section 505(b). ``(b) Definition.--In this section, the term `priority review', with respect to an application described in subsection (a), means review and action by the Secretary on such application not later than 6 months after receipt by the Secretary of such application.''. (b) Application.--Section 524A of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies only with respect to an application that is submitted under section 505(b) (21 U.S.C. 355(b)) on or after the date of the enactment of this Act. SEC. 6. FAST TRACK PRODUCT. Paragraph (1) of section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)) is amended by inserting after ``if it is intended for the treatment of a serious or life-threatening condition and it demonstrates the potential to address unmet medical needs for such a condition'' the following: ``or if the Secretary determines under section 505E that the drug is a qualified infectious disease product''. SEC. 7. STUDY ON INCENTIVES FOR QUALIFIED INFECTIOUS DISEASE BIOLOGICAL PRODUCTS. (a) In General.--The Comptroller General of the United States shall-- (1) conduct a study on the need for incentives to encourage the research, development, and marketing of qualified infectious disease biological products; and (2) not later than 1 year after the date of the enactment of this Act, submit a report to the Congress on the results of such study, including any recommendations of the Comptroller General on appropriate incentives for addressing such need. (b) Definitions.--In this section: (1) The term ``biological product'' has the meaning given to such term in section 351 of the Public Health Service Act (42 U.S.C. 262). (2) The term ``qualified infectious disease biological product'' means a biological product for treating, detecting, preventing, or identifying a qualifying pathogen. (3) The term ``qualifying pathogen'' has the meaning given to such term in section 505E of the Federal Food, Drug, and Cosmetic Act, as added by section 3 of this Act. SEC. 8. CLINICAL TRIALS. (a) Review and Revision of Guidelines.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and not later than 4 years thereafter, the Secretary shall-- (A) review the guidelines of the Food and Drug Administration for the conduct of clinical trials with respect to antibiotic drugs; and (B) as appropriate, revise such guidelines to reflect developments in scientific and medical information and technology and to ensure clarity regarding the procedures and requirements for approval of an antibiotic drug under chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.). (2) Issues for review.--At a minimum, the review under paragraph (1) shall address the appropriate animal models of infection, in vitro techniques, valid micro-biological surrogate markers, the use of non-inferiority versus superiority trials, and appropriate delta values for non- inferiority trials. (3) Rule of construction.--Except to the extent to which the Secretary of Health and Human Services makes revisions under paragraph (1)(B), nothing in this section shall be construed to repeal or otherwise affect the guidelines of the Food and Drug Administration. (b) Recommendations for Investigations.-- (1) Request.--The sponsor of a drug intended to be used to treat, detect, prevent, or identify a qualifying pathogen may request that the Secretary provide written recommendations for nonclinical and clinical investigations which may be conducted with the drug before it may be approved for such use under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355). (2) Recommendations.--If the Secretary has reason to believe that a drug for which a request is made under this subsection is a qualified infections disease product, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for approval under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) of such drug for the use described in paragraph (1). (c) Definitions.--In this section: (1) The term ``drug'' has the meaning given to such term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (2) The term ``qualifying pathogen'' has the meaning given to such term in section 505E of the Federal Food, Drug, and Cosmetic Act, as added by section 3 of this Act. (3) The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs.", "summary": "Generating Antibiotic Incentives Now Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to extend the exclusivity period for a new prescription drug by five years for a drug that the Secretary of Health and Human Services (HHS) determines to be a qualified infectious disease product. Defines \"qualified infectious disease product\" to mean an antibiotic drug for treating, detecting, preventing, or identifying a qualifying pathogen (certain pathogens that are resistant to antibiotics). Excludes drugs that are: (1) a supplement to a new drug application for which an extension is in effect or has expired; or (2) a subsequent application for a change that results in a new indication, route of administration, dosing schedule, dosage form, delivery system, delivery device or strength, or a modification to the structure of the product that does not result in a change in safety or effectiveness. Extends such period of exclusivity an additional six months for a sponsor or manufacturer of a qualified infectious disease product that identifies a companion diagnostic test. Requires the Secretary to give priority review to any drug determined to be a qualified infectious disease product. Includes qualified infectious disease products as fast track products for which the Secretary shall facilitate development and expedite review. Directs the Comptroller General to study the need for incentives to encourage the research, development, and marketing of qualified infectious disease biological products. Requires the Secretary to: (1) review Food and Drug Administration (FDA) guidelines for clinical trials of antibiotic drugs; and (2) revise such guidelines, as appropriate, to reflect developments in scientific and medical information and technology and to ensure clarity regarding the procedures and requirements for approval of an antibiotic drug."}
{"article": "SECTION 1. EXTENSION OF MEDICARE PRESCRIPTION DRUG INITIAL ENROLLMENT PERIODS FOR 2006 AND 2007; SUSPENSION OF LATE ENROLLMENT PENALTY THROUGH DECEMBER 31, 2007. (a) Extension of Medicare Prescription Drug Initial Enrollment Periods for 2006 and 2007.--Section 1860D-1(b)(1) of the Social Security Act (42 U.S.C. 1395w-101(b)(1)) is amended-- (1) in subparagraph (B)(iii), by inserting ``subparagraph (D) and'' after ``Subject to''; and (2) by adding at the end the following new subparagraph: ``(D) Extension of initial enrollment periods.--For purposes of subparagraph (B)(iii), in applying section 1851(e)(1), with respect to the annual, coordinated election period-- ``(i) for 2006, such period shall begin on November 15, 2005, and end on November 14, 2006; and ``(ii) for 2007, such period shall begin on November 15, 2006, and end on November 14, 2007.''. (b) Suspension of Late Enrollment Penalty Through December 31, 2007.--Section 1860D-13(b)(3)(B) of such Act (42 U.S.C. 1395w- 113(b)(3)(B)) is amended by inserting ``(after December 2007)'' after ``any month''. SEC. 2. OPEN ENROLLMENT AND DISENROLLMENT IN PRESCRIPTION DRUG PLANS ALLOWED DURING FIRST 12 MONTHS OF ENROLLMENT. Section 1860D-1(b)(1) of the Social Security Act (42 U.S.C. 1395w- 101(b)(1)) is amended by adding at the end the following new subparagraph: ``(D) Open enrollment and disenrollment period for first 12 months of enrollment.--In establishing the process under subparagraph (A), in the case of a part D eligible individual who initially enrolls under section 1860D-1(a) in a prescription drug plan on or after the date of enactment of this paragraph, the Secretary shall permit such individual to change such enrollment into another prescription drug plan once at any time during the first 12 months of such initial enrollment (other than during an annual, coordinated election period referred to in section 1860D- 1(b)(1)(B)(iii)).''. SEC. 3. LIMITATIONS ON CHANGING PRESCRIPTION DRUG PLAN FORMULARIES; NOTICE OF CHANGE IN FORMULARY. (a) Limitation on Removal or Change of Covered Part D Drugs From the Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read as follows: ``(E) Removing a drug from formulary or imposing a restriction or limitation on coverage.-- ``(i) Limitation on removal, limitation, or restriction.-- ``(I) In general.--Subject to subclause (II) and clause (ii), beginning with 2006, the PDP sponsor of a prescription drug plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) other than at the beginning of each plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(II) Special rule for newly enrolled individuals.--Subject to clause (ii), in the case of an individual who enrolls in a prescription drug plan on or after the date of enactment of this subparagraph, the PDP sponsor of such plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) during the period beginning on the date of such enrollment and ending on December 31 of the immediately succeeding plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(ii) Exceptions to limitation on removal.--Clause (i) shall not apply with respect to a covered part D drug that-- ``(I) is a brand name drug for which there is a generic drug approved under section 505(j) of the Food and Drug Cosmetic Act (21 U.S.C. 355(j)) that is placed on the market during the period in which there are limitations on removal or change in the formulary under subclause (I) or (II) of clause (i); ``(II) is a brand name drug that goes off-patent during such period; ``(III) is a drug for which the Commissioner of Food and Drugs issues a clinical warning that imposes a restriction or limitation on the drug during such period; or ``(IV) has been determined to be ineffective during such period. ``(iii) Notice of removal under application of exception to limitation.--The PDP sponsor of a prescription drug plan shall provide appropriate notice (such as under subsection (a)(3)) of any removal or change under clause (ii) to the Secretary, affected enrollees, physicians, pharmacies, and pharmacists.''. (b) Notice of Change in Formulary and Other Restrictions or Limitations on Coverage.-- (1) In general.--Section 1860D-4(a) of such Act (42 U.S.C. 1395w-104(a)) is amended by adding at the end the following new paragraph: ``(5) Annual notice of changes in formulary and other restrictions or limitations on coverage.--Each PDP sponsor offering a prescription drug plan shall furnish to each enrollee at the time of each annual coordinated election period (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year a notice of any changes in the formulary or other restrictions or limitations on coverage of a covered part D drug under the plan that will take effect for the plan year.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to annual coordinated election periods beginning after the date of the enactment of this Act.", "summary": "Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to: (1) extend the 2006 and 2007 initial enrollment periods for the Medicare prescription drug benefit; (2) suspend the late enrollment penalty through December 31, 2007; and (3) permit Medicare beneficiaries to change enrollment in a prescription drug plan during the first 12 months of enrollment. Prohibits a PDP sponsor, beginning with 2006, from removing a covered part D drug from the plan formulary, or imposing a restriction or limitation on the coverage of such a drug, other than at the beginning of each plan year, except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. Requires each PDP sponsor to furnish to each plan enrollee, at the time of each annual coordinated election period, a notice of any changes in the formulary or other part D drug coverage restrictions or limitations that will take effect for the upcoming plan year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``CTR Modernization Act''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To improve the quality and usefulness of currency transaction reports in criminal, tax, and regulatory investigations or proceedings. (2) To eliminate filing currency transaction reports related to many innocent, infrequent, or idiosyncratic deposit activities. (3) To further focus anti-money laundering investigations and prosecutions by reducing the number of spurious, duplicative, and innocent currency transaction reports and increasing the usefulness of suspicious activity reports. (4) To maintain the high degree of usefulness of currency transaction reports and adjust for inflation and current financial practices the threshold for currency transaction reports to a level consistent with the amount established pursuant to Public Law 91-508 upon the enactment of such Public Law in 1970. (5) To increase the usefulness of data collected through currency transaction reports and suspicious activity reports and for other purposes. SEC. 3. MODIFICATION OF CURRENCY TRANSACTION REPORTING THRESHOLD. (a) Threshold.-- (1) Nondepository institutions.--The 1st sentence of section 5313(a) of title 31, United States Code, is amended by inserting ``, other than a depository institution,'' after ``domestic financial institution''. (2) Depository institutions.--Subsection (a) of section 5313 of title 31, United States Code, is amended by inserting after the 1st sentence (as amended by paragraph (1) of this subsection) the following new sentence: ``When a depository institution is involved in a transaction for the payment, receipt, or transfer of United States coins or currency (or other monetary instruments the Secretary of the Treasury prescribes), in an amount, denomination, or amount and denomination of not less than $30,000 and under circumstances the Secretary prescribes by regulation, the depository institution and any other participant in the transaction the Secretary may prescribe shall file a report on the transaction at the time and in the way the Secretary prescribes.''. (b) Regulation.--After the end of the 270-day period beginning on the date of the enactment of the CTR Modernization Act, the Secretary of the Treasury shall not require a depository institution to file a currency transaction report when the transaction involves the transfer of currency of an amount and denomination of less than $30,000. (c) Technical and Conforming Amendment.--Subsection (c) of section 5312 of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(2) Depository institution.--The term `depository institution' means any insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act) and any insured credit union (as defined in section 101(7) of the Federal Credit Union Act).''. SEC. 4. PERIODIC REVIEW OF REPORTING THRESHOLD AND ADJUSTMENT FOR INFLATION. Section 5318 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(o) Periodic Review of Reporting Threshold and Adjustment for Inflation.-- ``(1) In general.--Before the end of the 5-year period beginning on the date of the enactment of the CTR Modernization Act and at least every 5 years after the expiration of such period, the secretary of the treasury shall-- ``(A) solicit and review public comments about the appropriateness, relevance, and utility of the then- current threshold amount or denomination established by the Secretary; ``(B) review the continuing appropriateness, relevance, and utility of each threshold amount or denomination established by the Secretary, in the Secretary's discretion, for any report required by the Secretary under this subchapter; and ``(C) adjust such amount, at such time and in such manner as the Secretary considers appropriate but in no case later than 365 days following the expiration of the public comment period, for any inflation that the Secretary of the Treasury determines has occurred since the date any such amount was established or last adjusted, except that the Secretary of the Treasury shall not reduce such amount to an amount and denomination of less than $30,000. ``(2) Report.--Before the end of the 365-day period beginning upon the completion of any review by the Secretary of the Treasury under paragraph (1), the Secretary shall submit a report to the Congress containing the findings and conclusions of the Secretary in connection with such review, together with an explanation for any adjustment, or lack of adjustment, of any threshold amount or denomination by the Secretary as a result of such review, including the adjustment for inflation.''. SEC. 5. MODIFICATION OF EXEMPTION PROCESS. (a) Seasoned Customer Exemption.--Subsection (e) of section 5313 of title 31, United States Code, is amended to read as follows: ``(e) Qualified Customer Exemption.-- ``(1) In general.--Before the end of the 270-day period beginning on the date of the enactment of the CTR Modernization Act, the Secretary of the Treasury shall prescribe regulations that exempt any depository institution from filing a report pursuant to this section in a transaction for the payment, receipt, or transfer of United States coins or currency (or other monetary instruments the Secretary of the Treasury prescribes) with a qualified customer of the depository institution. ``(2) Qualified customer defined.--For purposes of this section, the term `qualified customer', with respect to a depository institution, has such meaning as the Secretary of the Treasury shall prescribe, which shall include any person that-- ``(A) is incorporated or organized under the laws of the United States or any State, including a sole proprietorship (as defined in 31 C.F.R. 103.22(d)(6)(vii), as in effect on May 10, 2006), or is registered as and eligible to do business within the United States or a State; ``(B) has maintained a deposit account with the depository institution for at least 12 months; and ``(C) has engaged, using such account, in multiple currency transactions that are subject to the reporting requirements of subsection (a). ``(3) Regulations.-- ``(A) In general.--The Secretary of the Treasury shall prescribe regulations requiring a depository institution to file a 1-time notice of designation of exemption for each qualified customer of the depository institution. ``(B) Form and content of exemption notice.--The Secretary shall by regulation prescribe the form, manner, content, and timing of the qualified customer exemption notice and such notice shall include information sufficient to identify the qualified customer and the accounts of the customer. ``(C) Authority of secretary.-- ``(i) In general.--The Secretary may suspend, reject, or revoke any qualified customer exemption notice, in accordance with criteria prescribed by the Secretary by regulation. ``(ii) Conditions.--The Secretary may establish conditions, in accordance with criteria prescribed by regulation, under which exempt qualified customers of an insured depository institution that is merged with or acquired by another insured depository institution will continue to be treated as designated exempt qualified customers of the surviving or acquiring institution.''. (b) 3-Year Review and Report.--Before the end of the 3-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Attorney General, the Secretary of Homeland Security, the Federal banking agencies, the banking industry, and such other persons as the Secretary deems appropriate, shall evaluate the operations and effect of the provisions of the amendment made by subsection (a) and make recommendations to the Congress as to any legislative action with respect to such provision as the Secretary may determine to be appropriate. SEC. 6. IDENTIFYING SUSPICIOUS ACTIVITY. Subsection 5318(g) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(5) Guidance on when to file a report.--Before the end of the 270-day period beginning on the date of the enactment of the CTR Modernization Act, the Secretary of the Treasury shall prescribe regulations that provide guidance on examples of transactions that-- ``(A) involved funds derived from illegal activities; ``(B) were designed to evade any requirements under this subchapter, chapter 2 of title I of Public Law 91- 508, or the Internal Revenue Code of 1986; and ``(C) have no business or apparent lawful purpose.''. SEC. 7. PROVIDING GENERAL INFORMATION REGARDING SUSPICIOUS ACTIVITY REPORT REQUIREMENTS. Subsection 5318(g) of title 31, United States Code, is amended by inserting after paragraph (5) (as added by section 6 of this Act) the following new paragraph: ``(6) General notification to customers.-- ``(A) In general.--Before the end of the 270-day period beginning on the date of the enactment of the CTR Modernization Act, the Secretary of the Treasury shall prescribe regulations that create a list of information that may be disclosed to customers prior to the reporting of suspicious activity. ``(B) Rule of construction.--Subparagraph (A) of this paragraph shall not be construed as creating any immunity from the notification prohibition under paragraph (2).''.", "summary": "CTR Modernization Act - Amends federal law governing mandatory reports on currency transactions to exempt depository institutions from the requirement that all domestic financial institutions file a report on every domestic coin and currency transaction. Requires such a depository institution to file a currency transaction report, however, if the transaction involves at least $30,000. Prohibits the Secretary of the Treasury after a certain date from requiring a depository institution to file a currency transaction report regarding a transaction of less than $30,000. Directs the Secretary to: (1) review at least every five years the threshold for reporting currency transactions; and (2) adjust the threshold amount for inflation. Directs the Secretary to prescribe regulations that exempt any depository institution from reporting a currency transaction with a qualified customer. Defines qualified customer as any person that: (1) is incorporated or organized under federal or state law, or registered and eligible to do business within the United States or a state; (2) has maintained a deposit account with the depository institution for at least 12 months; and (3) has engaged, using such account, in multiple currency transactions subject to reporting requirements. Requires the Secretary to prescribe regulations that: (1) provide guidance on identifying currency transactions involving illegal or suspicious activities; and (2) create a list of information that may be disclosed to customers before the reporting of suspicious activity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Waco Mammoth National Monument Establishment Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) the Waco Mammoth Site area is located near the confluence of the Brazos River and the Bosque River in Central Texas, near the city of Waco; (2) after the discovery of bones emerging from eroding creek banks leading to the uncovering of portions of 5 mammoths, Baylor University began investigating the site in 1978; (3) several additional mammoth remains have been uncovered making the site the largest known concentration of mammoths dying from the same event; (4) the mammoth discoveries have received international attention; and (5) Baylor University and the city of Waco, Texas, have been working together-- (A) to protect the site; and (B) to develop further research and educational opportunities at the site. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of Waco, Texas. (2) Management plan.--The term ``management plan'' means the management plan for the Monument prepared under section 5(c)(1). (3) Map.--The term ``map'' means the map entitled ``Proposed Boundary Waco-Mammoth National Monument'', numbered T21/80,000, and dated April 2009. (4) Monument.--The term ``Monument'' means the Waco Mammoth National Monument established by section 4(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Texas. (7) University.--The term ``University'' means Baylor University in the State. SEC. 4. WACO MAMMOTH NATIONAL MONUMENT, TEXAS. (a) Establishment.--There is established in the State, as a unit of the National Park System, the Waco Mammoth National Monument, as generally depicted on the map. (b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION OF MONUMENT. (a) In General.--The Secretary shall administer the Monument in accordance with-- (1) this Act; and (2) any cooperative agreements entered into under subsection (b)(1). (b) Authorities of Secretary.-- (1) Cooperative agreements.--The Secretary may enter into cooperative management agreements with the University and the City, in accordance with section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)). (2) Acquisition of land.--The Secretary may acquire by donation from the City any land or interest in land owned by the City within the proposed boundary of the Monument. (c) General Management Plan.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the University and the City, shall complete a general management plan for the Monument. (2) Inclusions.--The management plan shall include, at a minimum-- (A) measures for the preservation of the resources of the Monument; (B) requirements for the type and extent of development and use of the Monument; (C) identification of the capacity of the Monument for accommodating visitors; and (D) opportunities for involvement by the University, City, State, and other local and national entities in-- (i) developing educational programs for the Monument; and (ii) developing and supporting the Monument. (d) Prohibition of Use of Federal Funds.--No Federal funds may be used to pay the costs of-- (1) carrying out a cooperative agreement under subsection (b)(1); (2) acquiring land for inclusion in the Monument under subsection (b)(2); (3) developing a visitor center for the Monument; (4) operating or maintaining the Monument; (5) constructing exhibits for the Monument; or (6) developing the general management plan under subsection (c). (e) Use of Non-Federal Funds.--Non-Federal funds may be used to pay any costs that may be incurred by the Secretary or the National Park Service in carrying out this section. (f) Effect on Eligibility for Financial Assistance.--Nothing in this Act affects the eligibility of the Monument for Federal grants or other forms of financial assistance that the Monument would have been eligible to apply for had National Park System status not been conferred to the Monument under this Act. (g) Termination of National Park System Status.-- (1) In general.--Designation of the Monument as a unit of the National Park System shall terminate if the Secretary determines that Federal funds are required to operate and maintain the Monument. (2) Reversion.--If the designation of the Monument as a unit of the National Park System is terminated under paragraph (1), any land acquired by the Secretary from the City under subsection (b)(2) shall revert to the City. SEC. 6. NO BUFFER ZONES. Nothing in this Act, the establishment of the Monument, or the management plan shall be construed to create buffer zones outside of the Monument.", "summary": "Waco Mammoth National Monument Establishment Act of 2011 - Establishes the Waco Mammoth National Monument in Texas as a unit of the National Park System. Requires the Secretary of the Interior, in consultation with Baylor University and the city of Waco, to complete a general management plan for the Monument."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Methane Hydrate Research and Development Amendments Act of 2015''. SEC. 2. AMENDMENTS TO THE METHANE HYDRATE RESEARCH AND DEVELOPMENT ACT OF 2000. (a) Findings.--Section 2 of the Methane Hydrate Research and Development Act of 2000 (30 U.S.C. 2001) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(6) methane is a powerful greenhouse gas that may be exchanged between terrestrial methane hydrate reservoirs and the atmosphere by natural or anthropogenic processes; and ``(7) the short- and long-term release of methane from arctic or marine reservoirs may have significant environmental effects, including global climate change.''. (b) Methane Hydrate Research and Development Program.-- (1) In general.--Section 4 of the Methane Hydrate Research and Development Act of 2000 (30 U.S.C. 2003) is amended by striking subsection (b) and inserting the following: ``(b) Grants, Contracts, Cooperative Agreements, Interagency Funds Transfer Agreements, and Field Work Proposals.-- ``(1) Assistance and coordination.--In carrying out the program of methane hydrate research and development authorized by this section, the Secretary may award grants to, or enter into contracts or cooperative agreements with, institutions that-- ``(A) conduct basic and applied research to identify, explore, assess, and develop methane hydrate as a commercially viable source of energy; ``(B) identify and characterize methane hydrate resources using remote sensing and seismic data, including the characterization of hydrate concentrations in marine reservoirs in the Gulf of Mexico or the Atlantic Ocean Basin by the date that is 4 years after the date of enactment of the Methane Hydrate Research and Development Amendments Act of 2015; ``(C) develop technologies required for efficient and environmentally sound development of methane hydrate resources; ``(D) conduct basic and applied research to assess and mitigate the environmental impact of hydrate degassing (including natural degassing and degassing associated with commercial development); ``(E) develop technologies to reduce the risks of drilling through methane hydrates; ``(F) conduct exploratory drilling, well testing, and production testing operations on permafrost and nonpermafrost gas hydrates in support of the activities authorized by this paragraph, including-- ``(i) drilling of a test well and performing a long-term hydrate production test on land in the United States Arctic region by the date that is 4 years after the date of enactment of the Methane Hydrate Research and Development Amendments Act of 2015; ``(ii) drilling of a test well and performing a long-term hydrate production test in a marine environment by the date that is 10 years after the date of enactment of the Methane Hydrate Research and Development Amendments Act of 2015; and ``(iii) drilling a full-scale production test well at a location to be determined by the Secretary; or ``(G) expand education and training programs in methane hydrate resource research and resource development through fellowships or other means for graduate education and training. ``(2) Environmental monitoring.--The Secretary shall conduct a long-term environmental monitoring program to study the effects of production from methane hydrate reservoirs. ``(3) Competitive peer review.--Funds made available under paragraphs (1) and (2) shall be made available based on a competitive process using external scientific peer review of proposed research.''. (2) Conforming amendment.--Section 4(e) of the Methane Hydrate Research and Development Act of 2000 (30 U.S.C. 2003(e)) is amended in the matter preceding paragraph (1) by striking ``subsection (b)(1)'' and inserting ``paragraphs (1) and (2) of subsection (b)''. (c) Authorization of Appropriations.--The Methane Hydrate Research and Development Act of 2000 is amended by striking section 7 (30 U.S.C. 2006) and inserting the following: ``SEC. 7. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act.''.", "summary": "Methane Hydrate Research and Development Amendments Act of 2015 This bill amends the Methane Hydrate Research and Development Act of 2000 to revise and reauthorize the Department of Energy's (DOE) program of methane hydrate research and development. In carrying out the program, DOE may award grants to, or enter into contracts or cooperative agreements with, institutions that: (1) drill a test well and perform a long-term hydrate production test on land in the U.S. Arctic region within 4 years, (2) drill a test well and perform a long-term hydrate production test in a marine environment within 10 years, or (3) drill a full-scale production test well at a location to be determined by DOE. DOE must conduct a long-term environmental monitoring program to study the effects of production from methane hydrate reservoirs."}
{"article": "SEC. 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Comprehensive Fentanyl Control Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; sense of Congress. Sec. 3. Controlled substance analogues. Sec. 4. Treatment of controlled substance analogues. Sec. 5. Enhanced penalties. Sec. 6. Endangering human life while illegally manufacturing controlled substance. Sec. 7. Temporary scheduling of synthetic opioid analgesics. Sec. 8. Tableting machines, encapsulating machines, and controlled substance counterfeiting materials. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds as follows: (1) Fentanyl is a dangerous, synthetic opioid that's 50 to 100 times more potent than heroin and morphine and lethal in doses as small as approximately 2 milligrams. Current sentencing enhancements do not reflect the danger fentanyl poses at lower quantities compared to other illicit substances. (2) Because a lethal dose of fentanyl can be accidentally inhaled or absorbed through the skin, it's not just deadly to its users, but it also threatens the lives of law enforcement and customs officials, public health workers, first responders and postal workers who risk unknowingly coming into contact with fentanyl in its different forms. (3) From 2013 to 2014, the number of drug seizures by law enforcement that tested positive for fentanyl increased by 426 percent and synthetic opioid-related deaths increased by 79 percent, with over 700 overdose deaths related to fentanyl. However, due to variations in States' medical examiner and coroner testing and reporting techniques, and deaths attributed to heroin, this figure is believed to be significantly higher. (4) Illicitly manufactured fentanyl, pill press machines, and other supplies needed to manufacture counterfeit pills containing fentanyl are primarily sourced from China and widely available for purchase on the Internet. Traffickers can typically purchase a kilogram of fentanyl powder for as little as $2,000 from a Chinese supplier, transform it into hundreds of thousands of pills, and sell the counterfeit pills for millions of dollars in profit. (5) In 2015, the Drug Enforcement Administration (DEA) and Centers for Disease Control and Prevention (CDC) issued nationwide alerts identifying fentanyl as a threat to public health and safety and stating that the rise of counterfeit pills that contain fentanyl in the illicit drug market will likely result in more opioid-dependent individuals, overdoses, and deaths. (6) The DEA has identified two key challenges for using the Controlled Substances Analogue Enforcement Act of 1986 (21 U.S.C. 801 note) to prosecute individuals for violations relating to fentanyl: (A) The law requires that the substance have a substantially similar chemical structure to a controlled substance in order to be considered an analogue, yet the threshold for ``substantially similar'' has been cited by numerous courts as difficult to apply. (B) Each case requires additional investigation to determine whether the substance in question was ``intended for human consumption'' and can therefore be considered an analogue. (7) Illicit fentanyl manufacturers are continuously manipulating the chemical structures of the analogues in order to stay ahead of researchers and law enforcement, thus making prosecuting these crimes overly onerous. Furthermore, the speed at which these alterations can be made outpace the current authorities of the Department of Justice to schedule new compounds and analogues under the Controlled Substances Act (21 U.S.C. 801 et seq.). (b) Sense of Congress.--It is the sense of the Congress that-- (1) the trafficking in fentanyl and other synthetic opioids represents a public health emergency in the United States and requires a comprehensive legislative response; (2) the United States Government should use all available measures to reduce the availability of illicit fentanyl, its chemical precursors, and the equipment by which fentanyl may be milled into counterfeit prescription pills; (3) the United States Government should make grants available for State and local medical examiners and coroners to screen for fentanyl in suspected opioid overdose cases in regions reporting increases in fentanyl seizures, fentanyl- related overdose fatalities, or unusually high spikes in heroin or unspecified drug overdose fatalities; (4) State and local law enforcement should, if safe and possible, prioritize and expedite testing of drug samples taken from drug overdose scenes and share the data on fentanyl drug seizures with local health departments, coroners, and medical examiners; (5) grants made available to address the opioid epidemic should be used to improve States' surveillance of fentanyl- related deaths and to expand access to naloxone for first responders, law enforcement, and health care personnel given that multiple doses of naloxone must be administered per overdose event; and (6) the United States Government, including the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of the Office of National Drug Control Policy, should use the broad diplomatic and law enforcement resources of the United States, in partnership with the Governments of Mexico and China, to stop the trafficking of illicit fentanyl into the United States. SEC. 3. CONTROLLED SUBSTANCE ANALOGUES. (a) In General.--Clauses (i), (ii), and (iii) of section 102(32)(A) of the Controlled Substances Act (21 U.S.C. 802(32)(A)) are amended by striking ``substantially'' each place it appears. (b) Rule of Construction.--Section 102(32)(A) of the Controlled Substances Act (21 U.S.C. 82(32)(A)) shall not be construed to require that a substance satisfy more than one of the clauses listed in such section 102(32)(A) to meet the definition of a controlled substance analogue. SEC. 4. TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES. Section 203 of the Controlled Substances Act (21 U.S.C. 813) is amended by striking ``shall, to the extent intended for human consumption, be treated, for the purposes of any Federal law as a controlled substance in schedule I'' and inserting ``shall, to the extent to which it should be reasonably known to the manufacturer, distributor, or dispenser that the controlled substance analogue is intended for human consumption, be treated, with respect to such manufacturer, distributor, or dispenser, respectively, for the purpose of any Federal law as a controlled substance in schedule I''. SEC. 5. ENHANCED PENALTIES. (a) Controlled Substances Act Amendments.--The Controlled Substances Act is amended-- (1) in section 401(b)(1) (21 U.S.C. 841(b)(1))-- (A) in subparagraph (A)(vi)-- (i) by striking ``400 grams'' and inserting ``20 grams''; and (ii) by striking ``100 grams'' and inserting ``5 grams''; and (B) in subparagraph (B)(vi)-- (i) by striking ``40 grams'' and inserting ``2 grams''; and (ii) by striking ``10 grams'' and inserting ``0.5 grams''; and (2) by adding at the end of section 401(b) (21 U.S.C. 841(b)) the following: ``(8) In the case of a violation of subsection (a), if the mixture or substance contains a detectable amount of N-phenyl- [1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide and also contains a detectable amount of another controlled substance, then a court shall-- ``(A) not impose a term of probation; ``(B) in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and ``(C) no term of imprisonment imposed on a person under subparagraph (B) shall run concurrently with any term of imprisonment imposed on the person under any other provision of law. ``(9) In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N- phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide was represented to be or sold as another controlled substance, then a court shall-- ``(A) not impose a term of probation; ``(B) in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and ``(C) no term of imprisonment imposed on a person under subparagraph (B) shall run concurrently with any term of imprisonment imposed on the person under any other provision of law.''. (b) Controlled Substances Import and Export Act Amendments.-- Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended by adding at the end the following: ``(8) In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N- phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide also contains a detectable amount of another controlled substance, then a court shall-- ``(A) not impose a term of probation; ``(B) in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and ``(C) no term of imprisonment imposed on a person under subparagraph (B) shall run concurrently with any term of imprisonment imposed on the person under any other provision of law. ``(9) In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N- phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-[1-(2-phenylethyl)-4-piperidinyl] propanamide was represented to be or sold as another controlled substance, then a court shall-- ``(A) not impose a term of probation; ``(B) in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and ``(C) no term of imprisonment imposed on a person under subparagraph (B) shall run concurrently with any term of imprisonment imposed on the person under any other provision of law.''. SEC. 6. ENDANGERING HUMAN LIFE WHILE ILLEGALLY MANUFACTURING CONTROLLED SUBSTANCE. Section 417 of the Controlled Substances Act (21 U.S.C. 858) is amended to read as follows: ``SEC. 417. ENDANGERING HUMAN LIFE WHILE ILLEGALLY MANUFACTURING CONTROLLED SUBSTANCE. ``(a) In General.--Whoever, while manufacturing a controlled substance in violation of this title, or attempting to do so, or transporting or causing to be transported materials, including chemicals, to do so, creates a substantial risk of harm to human life shall be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both. ``(b) Rebuttable Presumption.--For purposes of this section, there shall be rebuttable presumption that any violation of subsection (a) involving a detectable amount of N-phenyl-[1-(2-phenylethyl)-4- piperidinyl] propanamide, any analogue of N-phenyl-[1-(2-phenylethyl)- 4-piperidinyl] propanamide, or the immediate precursor of such a substance, creates a substantial risk of harm to human life.''. SEC. 7. TEMPORARY SCHEDULING OF SYNTHETIC OPIOID ANALGESICS. Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: ``(k) Temporary Scheduling of Synthetic Opioid Analgesics.-- ``(1) Issuance of order.--The Attorney General may, by order and without regard to the findings required by subsection (a) of this section or section 202(b) and without regard to the procedures prescribed by subsections (a) and (b) of this section, place a substance in schedule I if-- ``(A) the substance is not listed in any other schedule in section 202; ``(B) no exemption, approval, or licensing is in effect for the substance under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act; and ``(C) the Attorney General has reason to believe that such substance-- ``(i) is a synthetic opioid analgesic; ``(ii) is the object or intended object of clandestine importation, manufacture, or distribution; and ``(iii) poses an imminent hazard to public health and safety. ``(2) Effective date of order.--An order issued under paragraph (1) may not take effect until 5 days after its publication in Federal Register. ``(3) Expiration of order.--An order issued under paragraph (1) shall expire not later than 6 months after the date on which it becomes effective, except that the Attorney General may extend the order for up to 6 months. ``(4) Conclusion of rulemaking.--An order issued under paragraph (1) with respect to a substance shall be vacated upon the conclusion of a subsequent rulemaking proceeding initiated under subsection (a) with respect to such substance. ``(5) Order not subject to judicial review.--An order issued under paragraph (1) is not subject to judicial review.''. SEC. 8. TABLETING MACHINES, ENCAPSULATING MACHINES, AND CONTROLLED SUBSTANCE COUNTERFEITING MATERIALS. (a) Mailability.-- (1) In general.--Chapter 30 of title 39, United States Code, is amended by inserting after section 3002a, the following new section: ``Sec. 3002b. Nonmailability of tableting machines, encapsulating machines, and controlled substance counterfeiting materials ``(a) Any tableting machine, encapsulating machine, or controlled substance counterfeiting material is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such device or material is mailed-- ``(1) to a regulated person (as defined in section 102(38) of the Controlled Substances Act); or ``(2) to a person registered to manufacture a controlled substance by the Attorney General pursuant to section 302 of the Controlled Substances Act. ``(b) For the purpose of this section-- ``(1) the `controlled substance counterfeiting material' means any punch, die, plate, stone, or other thing described section 403(a)(5) of the Controlled Substances Act; ``(2) the term `encapsulating machine' means any manual, semiautomatic, or fully automatic equipment which may be used to fill shells or capsules with any powdered, granular, semisolid, or liquid material; and ``(3) the term `tableting machine' means any manual, semiautomatic, or fully automatic equipment which may be used for the compaction or molding of powdered or granular solids, or semisolid material, to produce coherent solid tablets.''. (2) Clerical amendment.--The table of sections for chapter 30 of title 39, United States Code, is amended by inserting after the item relating to section 3002a the following new item: ``3002b. Nonmailability of tableting machines, encapsulating machines, and controlled substance counterfeiting materials.''. (b) Penalty.-- (1) In general.--Chapter 83 of title 18, United States Code, is amended by inserting after section 1716E the following new section: ``Sec. 1716F. Nonmailability of tableting machines, encapsulating machines, and controlled substance counterfeiting materials ``Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail according to the direction thereon, or at any place to which it is directed to be delivered by the person to whom it is addressed, any matter declared to be nonmailable by section 3002c of title 39, shall be fined under this title or imprisoned not more than 1 year, or both.''. (2) Clerical amendment.--The table of sections for chapter 83 of title 18, United States Code, is amended by inserting after the item relating to section 1716E the following new item: ``1716F. Nonmailability of tableting machines, encapsulating machines, and controlled substance counterfeiting materials.''.", "summary": "Comprehensive Fentanyl Control Act This bill amends the Controlled Substances Act (CSA) to modify the definition of "controlled substance analogue" to mean a substance that has a similar (previously, substantially similar) chemical structure and pharmacological effect to a schedule I controlled substance. Additionally, it modifies the treatment of controlled substance analogues. Under current law, a controlled substance analogue that is intended for human consumption is treated as a schedule I controlled substance. This bill replaces the \"intended for human consumption\" qualifier with a \"not a chemical substance subject to the Toxic Substances Control Act\" qualifier. Specifically, a controlled substance analogue that is not a chemical substance under the Toxic Substances Control Act is treated as a schedule I controlled substance. The bill modifies the drug quantity thresholds that trigger a mandatory minimum prison term for a defendant who manufactures, distributes, or possesses with intent to distribute fentanyl. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill allows the Drug Enforcement Administration to temporarily place a substance into schedule I if it reasonably believes that the substance: (1) is a synthetic opioid analgesic; (2) is the object of clandestine importation, manufacture, or distribution; and (3) poses an imminent hazard to public health and safety. Finally, the bill makes it a crime to knowingly mail to an unauthorized person equipment that may be used to manufacture counterfeit controlled substances."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Probabilistic Methods Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) probabilistic methods have wide applicability in improving process efficiency and eliminating overdesign in government programs and purchases; (2) the integration of probabilistic methods into business practices has contributed significantly to the success of industry quality programs and has saved billions of dollars for companies; (3) Federal use of probabilistic methods is less advanced than it is in industry; (4) probabilistic methods hold out the promise of better understanding of safety and environmental risks, and if properly applied can lead to more business-friendly regulations; (5) if made an integral part of federally funded design efforts, probabilistic methods could lead to a better understanding of the specifications a product must meet and reduce overdesign and associated costs; and (6) appropriate use of probabilistic methods within the programs of the Department of Transportation could lead through quantification of uncertainties to more reliable, less costly components of our transportation system, including roads, bridges, and automotive, aerospace, and mass transit systems, and could also benefit the programs of other Federal agencies such as the Department of Defense, the Department of Commerce, and the National Institutes of Health. SEC. 3. ESTABLISHMENT. The Administrator of the Research and Special Programs Administration of the Department of Transportation (in this Act referred to as the ``Administrator'') shall establish a commission to be known as the ``Commission on Probabilistic Methods'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. The Commission shall-- (1) identify where and how probabilistic methods can help the Department of Transportation; (2) assess the extent to which probabilistic methods can help the Department of Transportation maximize return on investment and increase public safety; (3) evaluate the state of probabilistic methods technology; (4) identify the probabilistic techniques that are ready for practical use and recommend guidelines that can help a user decide what technique to use; (5) establish models for quantifying uncertainties in major Department of Transportation programs that affect cost, operation, and performance; (6) identify key technology areas that must be further developed; (7) recommend guidelines for implementation of probabilistic technology; (8) recommend how to set reliability levels that can ensure public safety and be achievable by industry; (9) recommend probabilistic-based guidelines for safety tests; (10) recommend guidelines for creating required database; (11) determine appropriate means of expediting technology transfer and ensuring that the principles of probabilistic methods are used appropriately in decisions involving funds under the control of the Department of Transportation; (12) identify legal and cultural barriers to the effective use of probabilistic methods at the Department of Transportation; (13) make recommendations for the use of probabilistic methods in Department of Transportation programs; (14) make recommendations for institutionalizing probabilistic methods values at the Department of Transportation after the termination of the Commission; and (15) recommend pilot projects for evaluation of probabilistic methods technology. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 19 members as follows: (1) A chairperson, who shall be a representative of an engineering society with experience in probabilistic methods, such as the Society of Automotive Engineers. (2) Four members from the higher education community. (3) Four members from various levels of government. (4) Four members from industry. (5) One member representing labor. (6) One member representing the environmental community. (7) One member representing the public interest. (8) A representative of the Department of Defense, appointed by the Secretary of Defense. (9) A representative of the Department of Commerce, appointed by the Secretary of Commerce. (10) A representative of the National Institutes of Health, appointed by the Director of the National Institutes of Health. The members described in paragraphs (1) through (7) shall be appointed by the Administrator. (b) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (c) Basic Pay.--Members shall serve without pay. (d) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--10 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Initial Meeting.--The initial meeting of the Commission shall occur within 180 days after the date of the enactment of this Act. (g) Agenda.--Within 6 months after its initial meeting under subsection (f), the Commission shall transmit to the Administrator a written agenda for its activities. SEC. 6. ADMINISTRATIVE SUPPORT. (a) In General.--The Department of Transportation shall provide the Commission with such administrative support as it shall require to carry out its duties. (b) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. REPORTS. (a) Interim Report.--The Commission shall transmit to the Administrator an interim report not later than 2 years after its initial meeting under section 5(f). (b) Final Report.--The Commission shall transmit a final report to the Administrator not later than 36 months after its initial meeting under section 5(f). The final report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission. SEC. 8. TERMINATION. The Commission shall terminate 10 days after submitting its final report pursuant to section 7(b). Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Commission. SEC. 9. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A) and (C))) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriation Acts.", "summary": "Commission on Probabilistic Methods Act - Directs the Administrator of the Research and Special Programs Administration of the Department of Transportation (DOT) to establish the Commission on Probabilistic Methods. Requires the Commission to identify and assess the extent to which the use of probabilistic methods (techniques used to help reduce costs) can help DOT in administering its transportation programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Plymouth 400th Anniversary Commemorative Coin Act of 2017''. SEC. 2. FINDINGS. The Congress finds that-- (1) the arrival of the Pilgrims in Massachusetts in 1620 is an important landmark event in the history of the United States; (2) the United States is poised for an anniversary of national and international significance, in 2020 with the 400th anniversary of the Mayflower's voyage, signing of the Mayflower Compact, and the founding of Plymouth Colony; (3) the Plymouth 400th anniversary will highlight the cultural contributions and United States traditions that began with the interaction of the indigenous Wampanoag and English peoples, a story that significantly shaped the building of the United States; (4) the settlers, now known as the Pilgrims, and their ship the Mayflower, have come to represent national and international symbols of freedom and law; (5) the indigenous Wampanoag people, and their interaction with the Pilgrims, created an important legacy through their assistance and association, including participation in the first shared harvest, which serves as an indelible iconic moment in United States history; (6) the ``Mayflower Compact'', signed near Provincetown before the Pilgrims explored Provincetown and Cape Cod and subsequently landed in Plymouth, was the colonial cornerstone for self-governance in the New World and had a profound influence on later developments related to the Constitution of the United States and the Bill of Rights; (7) the story of the Wampanoag people, the Pilgrims, and the Mayflower are iconic symbols for the world representing freedom, family, law, and justice; (8) today, people from across the 50 States and around the world visit Massachusetts to see the sights of the first landing in Provincetown, early exploration of the New World along Cape Cod, and the ultimate landing and settlement in Plymouth (commemorated by Plymouth Rock), as well as to visit the re-created Mayflower and Plimoth Plantation, trace their ancestry, and learn about the indigenous Wampanoag and their integral role in the history of the United States; (9) there are more than 20,000,000 descendants worldwide who trace their ancestry back to the Mayflower passengers arriving in 1620 and on subsequent ships in the 1620s; (10) there are two federally recognized Indian Tribes in the Commonwealth of Massachusetts--the Wampanoag Tribe of Gay Head (Aquinnah) and the Mashpee Wampanoag Tribe--that have tribal members or citizens who descend from the historical Wampanoag Indian people whose sachem Massasoit signed the Wampanoag Treaty of 1621; (11) in 1897, the General Society of Mayflower Descendants was formed with the purpose of creating permanent records of those with lineage to the Mayflower Pilgrims, and to educate the public about the impact the Pilgrims had on Western civilization; (12) in 2009, a nonprofit organization, Plymouth 400, Inc., was established to ensure a suitable national observance of the Plymouth 400th anniversary to include the themes of exploration, innovation, immigration, self-governance, religious freedom, and thanksgiving, which are legacies that were sparked by these historic events and that continue today as cornerstones of the United States; (13) Plymouth 400, Inc. will lead, support, and facilitate legislative and marketing efforts for a commemorative coin series, United States postage stamps, and related activities for the Plymouth 400th anniversary observances and commemorations in 2020; (14) a commemorative coin series will bring national and international attention to the lasting legacy of Plymouth Colony, the indigenous Wampanoag Tribes, and the Pilgrim settlers; and (15) the proceeds from a surcharge on the sale of such commemorative coins will assist the financing of a suitable national observance in 2020 and 2021 of the 400th anniversary of the Pilgrim landing and historic events, including the signing of the Mayflower Compact, the first shared harvest, interaction with the indigenous Wampanoag people, and other significant events of the period. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have diameter of 0.85 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins described in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the landing and settlement of Plymouth Colony, the signing of the Mayflower Compact, and the role of the indigenous Wampanoag Tribes in the realization of the settlement. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2020''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consulting with-- (A) Plymouth 400, Inc.; (B) the General Society of Mayflower Descendants; (C) the Mashpee Wampanoag Tribe; (D) the Wampanoag Tribe of Gay Head (Aquinnah); (E) the Pilgrim Society; (F) Plimoth Plantation, Inc.; (G) the Pilgrim Monument and Provincetown Museum; (H) Provincetown 400; (I) the Plymouth Antiquarian Society; (J) the Massachusetts Cultural Council; and (K) the Massachusetts Historical Society; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during a 1-year period beginning January 1, 2020. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins under this Act shall be promptly paid by the Secretary as follows: (1) 30 percent of the surcharges, to the Plymouth 400, Inc.-- (A) to support the work of the organization to develop, implement, and provide oversight for the commemorations surrounding the events of 2020 through 2021; and (B) at the discretion of Plymouth 400 to distribute to local historical preservation, tribal, and cultural organizations to support their important work in educating the public about the settlement of 1620, their continued existence for the benefit of future generations, and other related purposes; (2) 30 percent of the surcharges, to the General Society of Mayflower Descendants-- (A) to support the continued restoration of the GSMD facilities in Plymouth; (B) to provide funding for the GSMD research library in Plymouth; (C) to support academic study to learn and disseminate new information about the Pilgrims and early colonial New England; (D) to provide funding for the restoration and operation of the National Pilgrim Memorial Meetinghouse; and (E) for educational purposes; (3) 20 percent of the surcharges, to the Mashpee Wampanoag Tribe, to continue programs to educate people about the life of the Wampanoag people and Wampanoag culture, language, and history; (4) 5 percent of the surcharges, to the Wampanoag Tribe of Gay Head (Aquinnah) to support programs to educate people about the life of the Wampanoag people prior to the Plymouth settlement and the interactions between the settlers and the Wampanoag people; (5) 5 percent of the surcharges, to the Pilgrim Society d/ b/a Pilgrim Hall Museum for the stewardship, conservation, and preservation of the museum's collection of Pilgrim and Plymouth historical materials, including-- (A) the historic 1824 museum building; (B) a digitization program to preserve and share historical resources and build the technological and generational foundation for continued engagement with Plymouth history and Pilgrim Hall Museum; (C) the development, design, and construction of a new museum website to serve as a digital gateway to museum resources; (D) improvements to permanent exhibition galleries and content, including greater attention to Wampanoag history; and (E) support for educational programs and educational partnerships, including a museum internship program; and (6) 5 percent of the surcharges to Plimoth Plantation Inc., to support the Museum's educational programs and exhibits that teach the general public about the 17th century history of America including the Mayflower, the Pilgrims, the Mayflower Compact, and the Native people of this region; (7) 5 percent of the surcharges, to Pilgrims' First Landing Park, Inc. d/b/a Provincetown 400 to support the organization's work in furtherance of events and programs that educate people about the lives of the Wampanoag people and the Pilgrims before and after the arrival of the Mayflower to the New World and that explore the themes of these historic events that are still relevant today, and to maintain historical markers and sites related to the events of 1620 and 1621. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each of the organizations referred to in subsection (b) as may be related to the expenditures of amounts paid under such subsection. (d) Limitations.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of such time of issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. (e) Exemption From Matching Requirement.--Section 5134(f)(1)(A)(ii) of title 31, United States Code, shall not apply to the organizations referred to under paragraphs (3) and (4) of subsection (b) with respect to surcharges paid under this Act. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.", "summary": "Plymouth 400th Anniversary Commemorative Coin Act of 2017 This bill directs the Department of the Treasury to issue up to 100,000 $5 gold coins, 500,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the landing and settlement of Plymouth Colony, the signing of the Mayflower Compact, and the role of the indigenous Wampanoag tribes in the realization of the settlement. These coins may be issued only during a one-year period beginning January 1, 2020. Sales of such coins shall include specified surcharges, which shall be paid by Treasury as follows: 30% to Plymouth 400, Inc.; 30% to the General Society of Mayflower Descendants; 20% to the Mashpee Wampanoag Tribe; 5% to the Wampanoag Tribe of Gay Head (Aquinnah); 5% to the Pilgrim Society's Pilgrim Hall Museum; 5% to Plimoth Plantation, Inc.; and 5% to Pilgrims' First Landing Park, Inc."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade and Environment Reporting Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States promotes efforts to prevent harm to the environment generally, including fish, wildlife, endangered species, and other natural resources, and to encourage sustainable development. (2) Free trade agreements and other major trade actions may have significant effects, positive and negative, on environmental resources. (3) Those effects may be within or outside of the territorial jurisdiction of the United States. (4) The interaction between increased liberalized trade and the environment is a complex and little understood issue. (5) Free trade agreements and other major trade actions have traditionally been excluded from any environmental assessment or monitoring requirements. (6) As part of its responsibilities under the Constitution to regulate commerce with foreign nations, the Congress considers legislation to grant negotiating authority to the President for free trade agreements, and legislation to implement those agreements. (7) The Congress and the public should be apprised of the environmental effects of free trade agreements and other major trade actions. (8) The environmental effects of free trade agreements and other major trade actions should be identified and considered by the President before entering into such actions. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Environmental resources.--The term ``environmental resources'' means the environment generally, including fish, wildlife, endangered species, and other natural resources. (2) Free trade agreement.--The term ``free trade agreement'' means an agreement between the United States and another nation or nations-- (A) the purpose of which is to regulate or liberalize trade between the United States and such nation or nations; (B) which has been signed by the President; and (C) which requires implementing legislation. (3) Major trade action.-- (A) Generally.--The term ``major trade action''-- (i) means any trade action which may have effects on an environmental resource; and (ii) includes any free trade agreement. (B) Regulations.--The United States Trade Representative, in consultation with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, shall issue regulations which describe trade actions which are major trade actions under this paragraph. SEC. 4. CONSULTATION ON MAJOR TRADE ACTIONS; ENVIRONMENTAL ASSESSMENTS OF FREE TRADE AGREEMENTS. (a) Consultation.-- (1) Requirement.--Before entering into negotiations for any free trade agreement or other major trade action, the United States Trade Representative shall consult, in accordance with the procedures established under paragraph (2), with the Congress, appropriate advisory committees established under the Trade Act of 1974, including the Trade and Environment Policy Advisory Committee, Federal agencies, environmental organizations, and other interested persons, for the purpose of-- (A) identifying environmental resources that may be affected by the free trade agreement or other major trade action; and (B) in the case of a negotiation for a free trade agreement, determining the scope of the environmental assessment required under subsection (b). (2) Procedures.--Not later than 90 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the Council on Environmental Quality and after publication of notice and an opportunity for public comment, shall issue regulations which establish procedures for consultations under this subsection, including a requirement for publication of notice and an opportunity for public comment on the subject matter of the consultations. (b) Environmental Assessments.-- (1) In general.--The United States Trade Representative, in consultation with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of the Interior, and the Council on Environmental Quality, shall prepare an environmental assessment for each free trade agreement. (2) Contents of assessments.--Each environmental assessment shall include-- (A) identification of the potential effects of the free trade agreement on environmental resources; (B) the environmental resources protection laws of the United States that may be affected by the free trade agreement; (C) measures to supplement the free trade agreement that would minimize adverse effects identified under subparagraph (A); and (D) a detailed summary of the manner in which the results of consultations under subsection (a) with respect to the free trade agreement were taken into consideration in accordance with section 5. (3) Submission to congress.--The United States Trade Representative shall submit to the Congress the environmental assessment prepared for a free trade agreement-- (A) after the free trade agreement is signed by the President; and (B) at least 60 days before the President transmits legislation to implement the free trade agreement to the Congress. (4) Public availability.--The United States Trade Representative shall-- (A) make each environmental assessment under this subsection publicly available on and after the date it is submitted to the Congress under paragraph (3); and (B) publish notice of that availability in the Federal Register. SEC. 5. REQUIREMENT TO CONSIDER ENVIRONMENTAL EFFECTS. The United States Trade Representative shall-- (1) consider the results of all consultations under section 4(a) with respect to a major trade action before formulating any negotiating position for the major trade action; and (2) review each such negotiating position and determine its compatibility with the laws of the United States that protect environmental resources or encourage sustainable development. SEC. 6. MONITORING AND REPORTING. (a) Monitoring.-- (1) Effects on united states.--The Council on Environmental Quality, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, and the United States Trade Representative, shall monitor the effects of major trade actions on environmental resources within the territorial jurisdiction of the United States. (2) Effects on other nations.--The Council on Environmental Quality, in consideration with the officials referred to in paragraph (1) and the Secretary of State, shall cooperate with other nations to monitor and determine, to the extent practicable, the effects of major trade actions on environmental resources outside the territorial jurisdiction of the United States. (3) Report.--The Council on Environmental Quality shall report to the Congress every 3 years on the results of the monitoring required under this section. (b) Obligations Under Section 5.--The United States Trade Representative shall report to the Congress each year on the manner in which he or she has complied with section 5.", "summary": "Trade and Environment Reporting Act of 1994 - Requires the United States Trade Representative (USTR), at the onset of negotiations for any free trade agreement or other major trade actions, to consult with the Congress, appropriate advisory committees, including the Trade and Environment Policy Advisory Committee, Federal agencies, environmental organizations, and other interested persons, for the purpose of: (1) identifying environmental resources and Federal and State environmental laws that may be affected by such agreements or actions; and (2) determining the scope of a specified environmental assessment in the case of a negotiation for a free trade agreement. (Sec. 4) Directs the USTR to prepare an environmental assessment for each free trade agreement. (Sec. 5) Directs the USTR to: (1) consider the results of such consultations with respect to a major trade action before formulating any negotiating position for such action; and (2) review such negotiating position and determine its compatibility with U.S. laws that protect environmental resources or encourage sustainable development. (Sec. 6) Directs the Council on Environmental Quality: (1) to monitor the effects of major trade actions on environmental resources within the United States; and (2) together with the Secretary of State to cooperate with other nations to monitor and determine the effects of such actions on such resources outside the United States. Requires the Council to report every three years to the Congress on the results of such monitoring."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Emergency Health Services Reimbursement Act of 2002''. SEC. 2. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS. Section 4723 of the Balanced Budget Act of 1997 (8 U.S.C. 1611 note) is amended to read as follows: ``SEC. 4723. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS. ``(a) Total Amount Available for Allotment.--There is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2003 through 2007, for the purpose of making allotments under this section to States described in paragraph (1) or (2) of subsection (b). ``(b) State Allotments.-- ``(1) Based on highest number of undocumented aliens.-- ``(A) Determination of allotments.-- ``(i) In general.--Out of the amount appropriated under subsection (a) for a fiscal year, the Secretary shall use $134,000,000 of such amount to compute an allotment for each such fiscal year for each of the 17 States with the highest number of undocumented aliens. ``(ii) Formula.--The amount of such allotment for each such State for a fiscal year shall bear the same ratio to the total amount available for allotments under this paragraph for the fiscal year as the ratio of the number of undocumented aliens in the State in the fiscal year bears to the total of such numbers for all such States for such fiscal year. ``(iii) Availability of funds.--The amount of an allotment provided to a State under this paragraph for a fiscal year that is not paid out under subsection (c) shall be available for payment during the subsequent fiscal year. ``(B) Data.--For purposes of subparagraph (A), the number of undocumented aliens in a State shall be determined based on estimates of the resident undocumented alien population residing in each State prepared by the Statistics Division of the Immigration and Naturalization Service as of October 1992 (or as of such later date if such date is at least 1 year before the beginning of the fiscal year involved). ``(2) Based on number of undocumented alien apprehension states.-- ``(A) In general.--Out of the amount appropriated under subsection (a) for a fiscal year, the Secretary shall use $66,000,000 of such amount to compute an allotment for each such fiscal year for each of the 6 States with the highest number of undocumented alien apprehensions for such fiscal year. ``(B) Determination of allotments.--The amount of such allotment for each such State for a fiscal year shall bear the same ratio to the total amount available for allotments under this paragraph for the fiscal year as the ratio of the number of undocumented alien apprehensions in the State in the fiscal year bears to the total of such numbers for all such States for such fiscal year. ``(C) Data.--For purposes of this paragraph, the highest number of undocumented alien apprehensions for a fiscal year shall be based on the 4 most recent quarterly apprehension rates for undocumented aliens in such States, as reported by the Immigration and Naturalization Service. ``(D) Availability of funds.--The amount of an allotment provided to a State under this paragraph for a fiscal year that is not paid out under subsection (c) shall be available for payment during the subsequent fiscal year. ``(3) Rule of construction.--Nothing in this section shall be construed as prohibiting a State that is described in both of paragraphs (1) and (2) from receiving an allotment under both such paragraphs for a fiscal year. ``(c) Use of Funds.--The Secretary shall pay, from the allotments made for a State under paragraphs (1) and, if applicable, (2) of subsection (b) for a fiscal year, to each State and directly to local governments, hospitals, or other providers located in the State (including providers of services received through an Indian Health Service facility whether operated by the Indian Health Service or by an Indian tribe or tribal organization (as defined in section 4 of the Indian Health Care Improvement Act)) that provide uncompensated emergency health services furnished to undocumented aliens during that fiscal year, such amounts (subject to the total amount available from such allotments) as the State, local governments, hospitals, or providers demonstrate were incurred for the provision of such services during that fiscal year. ``(d) Definitions.--In this section: ``(1) Hospital.--The term `hospital' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)). ``(2) Provider.--The term `provider' includes a physician, any other health care professional licensed under State law, and any other entity that furnishes emergency health services, including ambulance services. ``(3) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(4) State.--The term `State' means the 50 States and the District of Columbia. ``(e) Entitlement.--This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of amounts provided under this section.''.", "summary": "Local Emergency Health Services Reimbursement Act of 2002 - Amends the Balanced Budget Act of 1997 to appropriate $200,000,000 for each of FY 2003 through 2007 for allotments to States for reimbursement of emergency health services furnished to undocumented aliens (presently such appropriations end after FY 2001). Directs the Secretary of Health and Human Services to use $134,000,000 of such amount to compute an allotment, according to a specified formula, for each of the 17 States with the highest number of undocumented aliens. Directs the Secretary to use $66,000,000 to compute an allotment for each of the six States with the highest number of undocumented alien apprehensions. Permits a State to receive funds on both accounts. Allows funds to go to States, local governments, hospitals, or other providers in a State, including providers of services received through an Indian Health Service facility (presently funds go only to States).Declares that this Act constitutes budget authority in advance of appropriations Acts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Credit Card Transparency Act of 2009''. SEC. 2. COLLEGE CREDIT CARD AGREEMENTS. (a) In General.--Section 127 of the Truth in Lending Act is amended by adding at the end the following new subsection: ``(i) College Card Agreements.-- ``(1) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) College affinity card.--The term `college affinity card' means a credit card issued by a credit card issuer under an open end consumer credit plan in conjunction with an agreement between the issuer and an institution of higher education, or an alumni organization or foundation affiliated with or related to such institution, under which such cards are issued to college students who have an affinity with such institution, organization and-- ``(i) the creditor has agreed to donate a portion of the proceeds of the credit card to the institution, organization, or foundation (including a lump sum or 1-time payment of money for access); ``(ii) the creditor has agreed to offer discounted terms to the consumer; or ``(iii) the credit card bears the name, emblem, mascot, or logo of such institution, organization, or foundation, or other words, pictures, or symbols readily identified with such institution, organization, or foundation. ``(B) College student credit card account.--The term `college student credit card account' means a credit card account under an open end consumer credit plan established or maintained for or on behalf of any college student. ``(C) College student.--The term `college student' means an individual who is a full-time or a part-time student attending an institution of higher education. ``(D) Institution of higher education.--The term `institution of higher education' has the same meaning as in section 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(2) Reports by creditors.-- ``(A) In general.--Each creditor shall submit an annual report to the Board containing the terms and conditions of all business, marketing, and promotional agreements and college affinity card agreements with an institution of higher education, or an alumni organization or foundation affiliated with or related to such institution, with respect to any college student credit card issued to a college student at such institution. ``(B) Details of report.--The information required to be reported under subparagraph (A) includes-- ``(i) any memorandum of understanding between or among a creditor, an institution of higher education, an alumni association, or foundation that directly or indirectly relates to any aspect of any agreement referred to in such subparagraph or controls or directs any obligations or distribution of benefits between or among any such entities; ``(ii) the amount of payments from the creditor to the institution, organization, or foundation during the period covered by the report, and the precise terms of any agreement under which such amounts are determined; and ``(iii) the number of credit card accounts covered by any such agreement that were opened during the period covered by the report and the total number of credit card accounts covered by the agreement that were outstanding at the end of such period. ``(C) Aggregation by institution.--The information reported under subparagraph (A) shall be aggregated with respect to each institution of higher education or alumni organization or foundation affiliated with or related to such institution. ``(3) Reports by board.--The Board shall submit to the Congress, and make available to the public, an annual report that lists the information concerning credit card agreements submitted to the Board under paragraph (2) by each institution of higher education, alumni organization, or foundation.''. (b) Study and Report by the Comptroller General.-- (1) Study.--The Comptroller General of the United States shall from time to time review the reports submitted by creditors and the marketing practices of creditors to determine the impact that college affinity card agreements and college student card agreements have on credit card debt. (2) Report.--Upon completion of any study under paragraph (1), the Comptroller General shall periodically submit a report to the Congress on the findings and conclusions of the study, together with such recommendations for administrative or legislative action as the Comptroller General determines to be appropriate. (c) Effective Date for Initial Creditor Reports.--The initial reports required under paragraph (2)(A) of the amendment made by subsection (a) shall be submitted to the Board of Governors of the Federal Reserve System before the end of the 90-day period beginning on the date of the enactment of this Act.", "summary": "Student Credit Card Transparency Act of 2009 - Amends the Truth in Lending Act to require creditors to report annually to the Federal Reserve Board on the terms and conditions of all business, marketing, and promotional agreements and college affinity card agreements with institutions of higher education, or related alumni organizations or foundations, with respect to college student credit cards issued to students at such schools. Directs the Comptroller General to review such reports and creditor marketing practices periodically and report to Congress on the affect college affinity card agreements and college student credit card agreements have on credit card debt."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Jobs Act of 2015''. SEC. 2. CREDIT FOR CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``SEC. 45S. CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER. ``(a) General Rule.--For purposes of section 38, in the case of an eligible small employer, the small employer hiring credit determined under this section for any taxable year is the amount determined under subsection (b). ``(b) Small Employer Hiring Credit Amount.--The amount determined under this subsection for a taxable year with respect to a qualified small employer is the product of-- ``(1) the tax rate in effect under section 3111(a) for the calendar year in which such taxable year ends, multiplied by ``(2) the wages paid by the qualified small employer with respect to employment of all covered employees during the taxable year. ``(c) Qualified Employer.--For purposes of this subsection-- ``(1) In general.--The term `qualified small employer' means with respect to any calendar year, an employer who-- ``(A) has a place of business in a county with an annual unemployment rate for the preceding calendar year of at least one percentage point greater than the national annual unemployment rate for the preceding calendar year, and ``(B) who on no business day of the preceding calendar year employed less than 2, or more than 100, employees. ``(2) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(3) Special rules.--For purposes of this subsection-- ``(A) Predecessor and successor.--Any reference in this paragraph to an employer shall include a reference to any predecessor of, or successor to, such employer. ``(B) Aggregation rule.--All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one employer. ``(C) Governmental employers not included.--The term `employer' does not include the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(D) Determination of unemployment rate.--The unemployment rate shall be the rate determined by the Bureau of Labor Statistics. ``(4) Credit applies for only 1 year.--If an election to claim the credit under this section is in effect for any calendar year, paragraph (1) shall not apply to such employer for any year after such calendar year. ``(d) Covered Employee.--For purposes of this subsection-- ``(1) In general.--The term `covered employee' means, with respect to any week, is an employee who-- ``(A) first begins work for the employer for services performed by the employee-- ``(i) in a trade or business of such qualified small employer, or ``(ii) in the case of a qualified small employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501, and ``(B) is employed on average at least 30 hours of service per week. ``(2) Limitation to 5 employees.--An employer may not treat more than 5 employees as covered employees. ``(3) Hours of service.--The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations, rules, and guidance as may be necessary to determine the hours of service of an employee, including rules for the application of this paragraph to employees who are not compensated on an hourly basis. ``(e) Credit Made Available to Tax-Exempt Eligible Small Employers.-- ``(1) In general.--In the case of a tax-exempt eligible small employer, there shall be treated as a credit allowable under subpart C (and not allowable under this subpart) the amount of the credit determined under this section with respect to such employer. ``(2) Tax-exempt eligible small employer.--For purposes of this section, the term `tax-exempt eligible small employer' means an eligible small employer which is any organization described in section 501(c) which is exempt from taxation under section 501(a). ``(f) Denial of Double Benefit.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. ``(g) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(h) Termination.--This section shall not apply with respect to wages paid after December 31, 2017.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by inserting after paragraph (36) the following: ``(37) the small employer small employer hiring credit determined under section 45S.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45S. Certain individuals hired by a small employer.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015.", "summary": "Small Business Jobs Act of 2015 This bill amends the Internal Revenue Code to allow a qualified small employer a business-related tax credit for the cost of hiring up to 5 new employees who work for such employer, on average, at least 30 hours per week. The bill defines "qualified small employer" as an employer who: (1) has a place of business in a county with an annual unemployment rate that is at least 1% greater than the national rate for the preceding calendar year; and (2) did not employ fewer than 2, or more than 100, employees in the preceding calendar year. The bill allows an employer who is a tax-exempt organization to claim such credit. The credit is not available for wages paid after December 31, 2017."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolving Door Sunshine Act of 1993''. SEC. 2. PUBLIC DISCLOSURE OF COMMUNICATIONS. (a) Disclosure Requirement.--Section 552b of title 5, United States Code, commonly referred to as the ``Government in the Sunshine Act'', is amended by adding at the end the following: ``(n)(1) Any person who is a senior member of the Federal Government shall, after his or her service or employment as a senior member of the Federal Government terminates, file, in accordance with paragraph (2), reports containing the following information: ``(A)(i) The name of any Member of Congress, and the name and title of any congressional staff member or of any officer or employee of any agency, to whom he or she makes an oral or written communication on behalf of anyone other than himself or herself or the United States, during the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates, regarding an official action of the Congress or that agency. ``(ii) A person who is a former senior appointee is required under this subparagraph to report only a communication regarding-- ``(I) an official action by an agency of which he or she, as such senior appointee, was an officer or employee; ``(II) an official action by the Congress that directly affects an agency described in subclause (I); or ``(III) an official action relating to a matter in which he or she participated personally and substantially as such senior appointee. ``(B) The name, address, and telephone number of any person on whose behalf he or she makes a communication described in subparagraph (A). ``(C) A description of the legislation, regulation, trade negotiation, or other matter that a communication described in subparagraph (A) concerns. ``(D) The name, address, and telephone number of any foreign government, foreign political party, or foreign business entity whom he or she represents, aids, or advises, during the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates, regarding any official action of the Congress or of an agency. ``(2)(A) Subject to subparagraph (B), each person who is required to file a report under paragraph (1) shall file such report-- ``(i) by July 30 of each year, containing information relating to the period January 1 through June 30 of that year; and ``(ii) by January 31 of each year, containing information relating to the period July 1 through December 31 of the preceding year. ``(B)(i) A person shall file the first report under paragraph (1) for the first reporting period described in subparagraph (A) of this paragraph-- ``(I) which occurs after the person leaves his or her office or position; and ``(II) in which he or she made any communication described in paragraph (1)(A), or any representation, aid, or advice described in paragraph (1)(D). For all subsequent reporting periods, such person shall file a report under paragraph (1) whether or not the person made any communication described in paragraph (1)(A), or any representation, aid, or advice described in paragraph (1)(D), during the reporting period. ``(ii) In the case of a person who makes no communication described in paragraph (1)(A), and no representation, aid, or advice described in paragraph (1)(D), during the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates, such person shall file under paragraph (1) a report covering the first 2 years of such 5-year period, and a report covering the next 3 years of such 5-year period. ``(iii) The last report which a person described in clause (i) or (ii) is required to file under paragraph (1) is a report filed by the date specified in clause (i) or (ii) of subparagraph (A) that first occurs after the end of the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates. ``(3)(A) A former President, Vice President, or senior appointee shall file the report required by paragraph (1) with the Director of the Office of Management and Budget. ``(B) A former Representative in the Congress, Delegate or Resident Commissioner to the Congress, or senior congressional staff member whose pay was disbursed by the Director of Nonlegislative and Financial Services of the House of Representatives, shall file the report required by paragraph (1) with the Clerk of the House of Representatives. ``(C) A former Senator, or former senior congressional staff member whose pay was disbursed by the Secretary of the Senate, shall file the report required by paragraph (1) with the Secretary of the Senate. ``(4) The Clerk of the House of Representatives, the Secretary of the Senate, and the Director of the Office of Management and Budget shall, within 30 days after receiving a report filed under paragraph (1), make such report available to the public for inspection and copying during normal business hours. ``(5) In any case in which a person-- ``(A) has failed to file a report required by paragraph (1) with the Director of the Office of Management and Budget, the Clerk of the House of Representatives, or the Secretary of the Senate, as the case may be, ``(B) has failed to file information required in such report, or ``(C) has filed false information in such report, the Director, Clerk, or Secretary, as the case may be, shall, within 60 days after the date on which the report should have been filed or was filed, make public the name of such person and refer the name of such person to the Attorney General. ``(6) The Attorney General may bring a civil action in any appropriate United States district court against any person who fails to file a report required by paragraph (1), fails to file information required in such report, or has filed false information in any such report. The court in which such action is brought shall, upon proof of such filing or failure to file by a preponderance of the evidence, assess against such person a civil penalty of not more than $10,000. ``(7)(A) The Clerk of the House of Representatives shall make public on January 31 of each year the names of each former Representative in the Congress, each Delegate or Resident Commissioner to the Congress, and each senior congressional staff member whose compensation was disbursed by the Director of Nonlegislative and Financial Services of the House of Representatives, who is required to file a report under paragraph (1). ``(B) The Secretary of the Senate shall make public on January 31 of each year the names of each former Senator, and each senior congressional staff member whose compensation was disbursed by the Secretary of the Senate, who is required to file a report under paragraph (1). ``(C) The Director of the Office of Management and Budget shall make public on January 31 of each year the names of each senior appointee who is required to file a report under paragraph (1). ``(D) The requirements of this paragraph shall first apply in January of 1995. ``(8) For purposes of this subsection-- ``(A) the term `agency' has the meaning given that term in section 552(f) of this title; ``(B) the term `congressional staff member' means an elected officer of either House of Congress, an employee whose pay is disbursed by the Director of Nonlegislative and Financial Services of the House of Representatives, and an employee whose pay is disbursed by the Secretary of the Senate; ``(C) the term `foreign business entity' means a partnership, association, corporation, organization, or other combination of persons either organized under the laws of or having its principal place of business in a foreign country; ``(D) the term `foreign government' means the `government of a foreign country', as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended; ``(E) the term `foreign political party' has the meaning given that term in section 1(f) of the Foreign Agents Registration Act of 1938, as amended; ``(F) the term `Member of Congress' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress; ``(G) the term `official action' does not include the routine provision of information and services; ``(H) the term `senior appointee' means any individual-- ``(i) who is appointed by the President, the Vice President, or the head of an agency to a full-time position in an agency in the civil service or in the uniformed services, or is appointed to a position in the Foreign Service or the Senior Executive Service; and ``(ii)(I) whose rate of basic pay, if appointed to a position in the civil service, the Foreign Service, or the Senior Executive Service, is not less than the rate of basic pay in effect for level V of the Executive Schedule under section 5316 of this title; or ``(II) who, if appointed to a position in the uniformed services, is serving in a grade or rank for which the pay grade (as specified in section 201 of title 37) is pay grade O-7 or above; ``(I) the term `senior congressional staff member' means any individual who is a congressional staff member and whose rate of basic pay is not less than the rate of basic pay in effect for level V of the Executive Schedule under section 5316 of this title; ``(J) the term `senior member of the Federal Government' means an individual who-- ``(i) is President, Vice President, or a senior appointee, or ``(ii) is a Member of Congress or a senior congressional staff member, and is serving in such position after January 4, 1995; and ``(K) the term `written communication' includes any communication, other than an oral communication, that is transmitted by any means, including by an electronic device.''. (b) Conforming and Clerical Amendments.--Section 552b(a)(1) of title 5, United States Code, is amended-- (1) by inserting ``, except as provided in subsection (n),'' after `` `agency' ''; and (2) by striking ``section 552(e)'' and inserting ``section 552(f)''.", "summary": "Revolving Door Sunshine Act of 1993 - Amends the Government in the Sunshine Act to require former Presidents, Vice Presidents, and senior Federal appointees, as well as former Members of Congress and senior congressional staff members, to file, for a certain period after leaving Government, periodic reports with the appropriate entity which disclose certain communications made and other actions (generally related to advising or lobbying, especially, but not only, by foreign persons) taken by them during the reporting period. Requires such reports to be made public. Authorizes sanctions in cases of noncompliance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Accountability for Regulatory Information Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) many Federal regulations have improved the quality of life of the American public, however, uncontrolled increases in regulatory costs and lost opportunities for better regulation should not be continued; (2) the legislative branch has a responsibility to ensure that laws passed by Congress are properly implemented by the executive branch; (3) in order for the legislative branch to fulfill its responsibilities to ensure that laws passed by Congress are implemented in an efficient, effective, and fair manner, the Congress requires accurate and reliable information on which to base decisions; and (4) the legal effect of many Federal agency guidance documents and other Federal agency statements that are not published in the Code of Federal Regulations is often not clear to the affected public. SEC. 3. REPORTS ON REGULATORY ACTIONS BY THE GENERAL ACCOUNTING OFFICE. (a) In General.--Section 801(a)(2) of title 5, United States Code, is amended by striking subparagraph (B) and inserting the following: ``(B)(i) After an agency publishes a regulatory action, a committee of either House of Congress with legislative or oversight jurisdiction relating to the action may request the Comptroller General to review the action under clause (ii). ``(ii) Of requests made under clause (i), the Comptroller General shall provide a report on each regulatory action selected under clause (iv) to the committee which requested the report (and the committee of jurisdiction in the other House of Congress)-- ``(I) except as provided in subclause (II), by not later than 180 calendar days after the committee request is received; or ``(II) in the case of a request for review of a notice of proposed rule making or an interim final rule making, by not later than the end of the 60-calendar-day period beginning on the date the committee request is received, or the end of the period for submission of comment regarding the rule making, whichever is later. The report shall include an independent analysis of the regulatory action by the Comptroller General using any relevant data or analyses available to or generated by the General Accounting Office. ``(iii) The independent analysis of the regulatory action by the Comptroller General under clause (ii) shall include-- ``(I) an analysis by the Comptroller General of the potential benefits of the regulatory action, including any beneficial effects that cannot be quantified in monetary terms and the identification of those likely to receive the benefits; ``(II) an analysis by the Comptroller General of the potential costs of the regulatory action, including any adverse effects that cannot be quantified in monetary terms and the identification of those likely to bear the costs; ``(III) an analysis by the Comptroller General of any alternative regulatory approaches that could achieve the same goal in a more cost-effective manner or that could provide greater net benefits, and, if applicable, a brief explanation of any statutory reasons why such alternatives could not be adopted; ``(IV) an analysis of the extent to which the regulatory action would affect State or local governments; and ``(V) a summary of how the results of the Comptroller General's analysis differ, if at all, from the results of the analyses of the agency in promulgating the regulatory action. ``(iv) In consultation with the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, the Comptroller General shall develop procedures for determining the priority and number of those requests for review under clause (i) that will be reported under clause (ii). The procedures shall give the highest priority to requests regarding a notice of proposed rule making for a major rule, and to requests regarding an interim final rule making for a major rule. ``(C) Federal agencies shall cooperate with the Comptroller General by promptly providing the Comptroller General with such records and information as the Comptroller General determines necessary to carry out this section.''. (b) Definitions.--Section 804 of title 5, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (5), respectively; (2) by inserting after paragraph (1) the following: ``(2) The term `independent analysis' means a substantive review of the agency's underlying assessments and assumptions used in developing the regulatory action and any additional analysis the Comptroller General determines to be necessary.''; and (3) by inserting after paragraph (3) (as redesignated by paragraph (1) of this subsection) the following: ``(4) The term `regulatory action' means-- ``(A) notice of proposed rule making; ``(B) final rule making, including interim final rule making; or ``(C) a rule.''. SEC. 4. DISCLOSURE OF NONBINDING EFFECT OF GUIDANCE DOCUMENTS. (a) In General.--Chapter 8 of title 5, United States Code, is amended by inserting after section 803 the following: ``Sec. 803a. Notice of nonbinding effect of agency guidance ``The head of an agency shall include on the first page of each statement published by the agency that is not a rule a notice that the statement has no general applicability or future effect (or both), as applicable, and is not binding on the public.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 8 of title 5, United States Code, is amended by inserting after the item relating to section 803 the following: ``803a. Notice of nonbinding effect of agency guidance.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the General Accounting Office to carry out chapter 8 of title 5, United States Code, $5,200,000 for each of fiscal years 2000 through 2003. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.", "summary": "Requires the head of an agency to include on the first page of each statement published by the agency that is not a rule a notice that the statement has no general applicability or future effect, as applicable, and is not binding on the public. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``New Jersey Marine Ecosystem Protection Act of 1996''. SEC. 2. PURPOSE. The purpose of this Act is to preserve and restore the fisheries and other marine wildlife of the New York Bight by closing the Mud Dump Site and ending the practice of disposal of contaminated dredged material within that area. SEC. 3. CLOSURE OF MUD DUMP SITE. (a) Termination of Dumping.--On and after September 1, 1997, no person shall transport any dredged material for the purpose of dumping it into ocean waters at the Mud Dump Site, other than for purposes of remediation in accordance with subsection (c). (b) Conditions for Dumping Before Termination.-- (1) Category i and category ii dredged material only.-- After the date of the enactment of this Act, no person shall transport any dredged material for the purpose of dumping it into ocean waters at the Mud Dump Site, other than Category I dredged material or Category II dredged material. (2) Conditions for category ii dredged material.--After the date of the enactment of this Act, no person shall transport any Category II dredged material for the purpose of dumping it into ocean waters at the Mud Dump Site, unless the applicant for a permit for the transport under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1411 et seq.) has certified, and the Secretary of the Army has published a finding of, the following: (A) The affected States or ports were requested to provide alternative sites for disposal of the material and failed to provide a reasonable alternative site. (B) Dumping of the material (including necessary capping material) at the Mud Dump Site will not increase the elevation of the ocean bottom at the Mud Dump Site-- (i) such that the depth of the ocean at that site is less than 65 feet below the surface of the ocean; and (ii) above an elevation designed, based on scientific evidence, to contain the material within the lateral limits of the Mud Dump Site. (c) Site Remediation.-- (1) Plan.--The Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Commerce and the Secretary of the Army, shall develop a remediation and restoration plan in accordance with applicable laws and regulations for the Mud Dump Site and surrounding areas. (2) Designation of site.--The Administrator of the Environmental Protection Agency shall designate the Mud Dump Site and surrounding areas that have historically been used for disposal of contaminated material as the Historic Area Remediation Site under part 228 of title 40, Code of Federal Regulations, effective September 1, 1997. (3) Management of site.--The Historic Area Remediation Site-- (A) shall be managed to reduce impacts at that site to acceptable levels in accordance with part 228.11(c) of title 40, Code of Federal Regulations; and (B) shall be remediated with uncontaminated dredged material that-- (i) meets standards for Category I dredged material; and (ii) will not cause significant undesirable effects, including such effects through bioaccumulation. (d) Modification of Environmental Assessment.--The Secretary of the Army and the Administrator of the Environmental Protection Agency shall modify environmental assessment activities at the Mud Dump Site as appropriate to reflect the provisions of this Act. SEC. 4. TERMINATION OF OTHER OCEAN DUMPING OF DREDGED MATERIAL OFF OF COAST OF NEW JERSEY. (a) In General.--On and after September 1, 1997, no person shall transport any dredged material for the purpose of dumping it into ocean waters in the New York Bight Apex outside of the Historic Area Remediation Site designated under section 3(c), or into waters of the New York-New Jersey Harbor. (b) Prohibition on Designation of Sites and Issuance of Permits.-- The Administrator of the Environmental Protection Agency may not designate any new site for ocean dumping of dredged material within the New York Bight Apex, and the Secretary of the Army may not issue any permit for transportation of dredged material for the purpose of dumping it in the New York Bight Apex, except in accordance with this Act. SEC. 5. VIOLATIONS. Any violation of section 3 (a) or (b) or section 4(a) shall be treated as a violation of title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1411 et seq.). SEC. 6. DISPOSAL ALTERNATIVES. (a) In General.--The Secretary of the Army, in cooperation with the Administrator of the Environmental Protection Agency, the Secretary of Transportation, State and local governments, and environmental and port interests, may establish, operate, and maintain a confined dredged material disposal facility or facilities within the confines of the Port of New York and New Jersey. Costs associated with implementation of this section shall be paid by non-Federal interests in substantially the same manner as costs are required to be paid by non-Federal interests under section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211). (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $260,000,000. SEC. 7. DEFINITIONS. In this Act: (1) Terms defined in marine protection, research, and sanctuaries act of 1972.--Any term used in this Act that is defined in section 3 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402) has the meaning given the term in that section. (2) Category i and category ii dredged material.--Each of the terms ``Category I dredged material'' and ``Category II dredged material'', respectively, means such material as determined under the 1992 United States Army Corps of Engineers New York District and the Environmental Protection Agency Region II Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal. (3) Mud dump site.--The term ``Mud Dump Site'' means the area designated by the Administrator of the Environmental Protection Agency under part 228.115(d)(6) of title 40, Code of Federal Regulations, as the New York Bight Dredged Material Disposal Site (Mud Dump) in the New York Bight Apex, North Atlantic Ocean for the disposal of dredged material generated in the Port of New York and New Jersey and nearby harbors. (4) New york bight apex.--The term ``New York Bight Apex'' means the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude.", "summary": "New Jersey Marine Ecosystem Protection Act of 1996 - Prohibits the transport of dredged material for the purpose of dumping it into ocean waters at the New York Bight Dredged Material Disposal Site (Mud Dump Site), other than for remediation pursuant to this Act, on and after September 1, 1997. Prohibits, after the date of this Act's enactment, the transport of: (1) dredged material for such purpose, other than Category I or II dredged material; and (2) Category II dredged material for such purpose unless the applicant for a transport permit has certified, and the Secretary of the Army has published a finding, that the affected States or ports were requested to provide alternate disposal sites and failed to provide a reasonable alternative site, and that dumping at the Mud Dump Site will not increase the elevation of the ocean bottom at such Site beyond a certain point. Directs: (1) the Administrator of the Environmental Protection Agency to develop a remediation and restoration plan in accordance with applicable laws and regulations for the Mud Dump Site and surrounding areas and to designate such Site and areas that have been used for disposal of contaminated material as the Historic Area Remediation Site (to be managed as specified); and (2) the Secretary and Administrator to modify environmental assessment activities at the Mud Dump Site as appropriate to reflect the provisions of this Act. Prohibits the transport of dredged material for the purpose of dumping it into ocean waters in the New York Bight Apex outside the Historic Area Remediation Site, or into waters of the New York-New Jersey Harbor on and after September 1, 1997. Prohibits the Administrator from designating any new site for ocean dumping of dredged material within the Apex, and the Secretary from issuing any permit for transportation of dredged material for the purpose of dumping it in the Apex, except in accordance with this Act. Prescribes penalties for violations of this Act. Directs the Secretary to establish, operate, and maintain a confined dredged material disposal facility or facilities within the confines of the Port of New York and New Jersey. Authorizes appropriations."}
{"article": "SECTION 1. PAYMENT LIMITATIONS. Section 1001 of the Food Security of 1985 (7 U.S.C. 1308) is amended-- (1) in subsection (b)(1), by striking ``$40,000'' and inserting ``$20,000''; (2) in subsection (c)(1), by striking ``$65,000'' and inserting ``$30,000''; (3) by striking ``(d)'' and all that follows through the end of paragraph (1) and inserting the following: ``(d) Limitations on Marketing Loan Gains, Loan Deficiency Payments, and Commodity Certificate Transactions.-- ``(1) Loan commodities.--The total amount of the following gains and payments that a person may receive during any crop year may not exceed $87,500: ``(A)(i) Any gain realized by a producer from repaying a marketing assistance loan for 1 or more loan commodities under subtitle B of title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.) at a lower level than the original loan rate established for the loan commodity under that subtitle. ``(ii) In the case of settlement of a marketing assistance loan for 1 or more loan commodities under that subtitle by forfeiture, the amount by which the loan amount exceeds the repayment amount for the loan if the loan had been settled by repayment instead of forfeiture. ``(B) Any loan deficiency payments received for 1 or more loan commodities under that subtitle. ``(C) Any gain realized from the use of a commodity certificate issued by the Commodity Credit Corporation for 1 or more loan commodities, as determined by the Secretary, including the use of a certificate for the settlement of a marketing assistance loan made under that subtitle.''; and (4) by adding at the end the following: ``(h) Single Farming Operation.-- ``(1) In general.--Notwithstanding subsections (b) through (d), subject to paragraph (2), if a person participates only in a single farming operation and receives, directly or indirectly, any payment or gain covered by this section through the operation, the total amount of payments or gains (as applicable) covered by this section that the person may receive during any crop year may not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d). ``(2) Individuals.--The total amount of payments or gains (as applicable) covered by this section that an individual person may receive during any crop year may not exceed $275,000. ``(i) Spouse Equity.--Notwithstanding subsections (b) through (d), except as provided in subsection (e)(2)(C)(i), if an individual and spouse are covered by subsection (e)(2)(C) and receive, directly or indirectly, any payment or gain covered by this section, the total amount of payments or gains (as applicable) covered by this section that the individual and spouse may jointly receive during any crop year may not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d). ``(j) Regulations.-- ``(1) In general.--Not later than July 1, 2003, the Secretary shall promulgate regulations-- ``(A) to ensure that total payments and gains described in this section made to or through joint operations or multiple entities under the primary control of a person, in combination with the payments and gains received directly by the person, shall not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d); ``(B) in the case of a person that in the aggregate owns, conducts farming operations, or provides custom farming services on land with respect to which the aggregate payments received by the person exceed the applicable dollar amounts specified in subsections (b), (c), and (d), to attribute all payments and gains made to the person on crops produced on the land to-- ``(i) a person that rents land for a share of the crop that is less than the usual and customary rate, as determined by the Secretary; ``(ii) a person that provides custom farming services through arrangements under which-- ``(I) all or part of the compensation for the services is at risk; ``(II) farm management services are provided by-- ``(aa) the same person; ``(bb) an immediate family member; or ``(cc) an entity or individual that has a business relationship that is not an arm's length relationship, as determined by the Secretary; or ``(III) more than \\2/3\\ of all payments received for custom farming services are received by-- ``(aa) the same person; ``(bb) an immediate family member; or ``(cc) an entity or individual that has a business relationship that is not an arm's length relationship, as determined by the Secretary; or ``(iii) a person under such other arrangements as the Secretary determines are established to transfer payments from persons that would otherwise exceed the applicable dollar amounts specified in subsections (b), (c), and (d); and ``(C) to ensure that payments attributed under this section to a person other than the direct recipient shall also count toward the limit of the direct recipient. ``(2) Primary control.--The regulations under paragraph (1) shall define `primary control' to include a joint operation or multiple entity in which a person owns an interest that is greater than the total interests held by other persons that materially participate on a regular, substantial, and continuous basis in the management of the operation or entity.''. SEC. 2. REGULATIONS. (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this Act and the amendments made by this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act and the amendments made by this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.", "summary": "Amends the Food Security Act of 1985 to reduce maximum annual direct and counter-cyclical commodity payments to $20,000 and $30,000, respectively. Revises limitation provisions for marketing loan gains, loan deficiency payments, and commodity certificate transactions, and establishes an annual combined limitation of $87,500 for such payments.Doubles payment limitations for single farming operations. Limits an individual to a combined annual payment of $275,000."}
{"article": "SECTION 1. LEGAL ASSISTANCE FOR FINANCIALLY NEEDY VETERANS IN CONNECTION WITH COURT OF VETERANS APPEALS PROCEEDINGS. (a) In General.--Subchapter III of chapter 72 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7287. Legal assistance for financially needy veterans in proceedings before Court ``(a)(1) The Court of Veterans Appeals may provide funds in order to provide financial assistance by grant or contract to legal assistance entities for purposes of programs described in subsection (b). ``(2) The Court shall seek to provide funds for such purpose through a nonprofit organization selected by it. If the Court determines that there exists no nonprofit organization that would be an appropriate recipient of funds under this section for the purposes referred to in paragraph (1) and that it is consistent with the mission of the Court, the Court shall provide financial assistance, by grant or contract, directly to legal assistance entities for purposes of permitting such entities to carry out programs described in subsection (b). ``(b)(1) A program referred to in subsection (a) is any program under which a legal assistance entity uses financial assistance under this section to provide assistance or carry out activities (including assistance, services, or activities referred to in paragraph (3)) in order to ensure that individuals described in paragraph (2) receive, without charge, legal assistance in connection with decisions to which section 7252(a) of this title may apply or with other proceedings before the Court. ``(2) An individual referred to in paragraph (1) is any veteran or other person who-- ``(A) is or seeks to be a party to an action before the Court; and ``(B) cannot, as determined by the Court or the entity concerned, afford the costs of legal advice and representation in connection with that action. ``(3) Assistance, services, and activities under a program described in this subsection may include the following for individuals described in paragraph (2) in connection with proceedings before the Court: ``(A) Financial assistance to defray the expenses of legal advice or representation (other than payment of attorney fees) by attorneys, clinical law programs of law schools, and veterans service organizations. ``(B) Case screening and referral services for purposes of referring cases to pro bono attorneys and such programs and organizations. ``(C) Education and training of attorneys and other legal personnel who may appear before the Court by attorneys and such programs and organizations. ``(D) Encouragement and facilitation of the pro bono representation by attorneys and such programs and organizations. ``(4) A legal assistance entity that receives financial assistance described in subsection (a) to carry out a program under this subsection shall make such contributions (including in-kind contributions) to the program as the nonprofit organization or the Court, as the case may be, shall specify when providing the assistance. ``(5) A legal assistance entity that receives financial assistance under subsection (a) to carry out a program described in this subsection may not require or request the payment of a charge or fee in connection with the program by or on behalf of any individual described in paragraph (2). ``(c)(1) There is authorized to be appropriated to the Court $750,000 for fiscal year 1998 and the same amount for each succeeding fiscal year through fiscal year 2001, increased by 3 percent per year, to carry out this section. ``(2) Funds appropriated under this subsection may be used only for the purposes of subsection (a). Such funds may be provided in advance or by way of reimbursement, to cover some or all of the administrative costs of the organization or entity receiving the funds in providing financial assistance to carry out programs described in subsection (b). ``(3) Funds shall be provided under this subsection pursuant to a written agreement entered into by the Court and the organization or entity receiving the funds from the Court. ``(d) A nonprofit organization may-- ``(1) accept funds, in advance or by way of reimbursement, from the Court under subsection (a) in order to provide the financial assistance referred to in that subsection; ``(2) provide financial assistance by grant or contract to legal assistance entities under this section for purposes of permitting such entities to carry out programs described in subsection (b); ``(3) administer any such grant or contract; and ``(4) accept funds, in advance or by way of reimbursement, from the Court under subsection (c) in order to cover the administrative costs referred to in that subsection. ``(e)(1) Not later than February 1 of each year, the Court shall submit to the Congress a report on the funds and financial assistance provided under this section during the preceding fiscal year. Based on the information provided the Court by entities receiving such funds and assistance, each report shall-- ``(A) set forth the amount, if any, of funds provided to nonprofit organizations under paragraph (2) of subsection (a) during the fiscal year covered by the report; ``(B) set forth the amount, if any, of financial assistance provided to legal assistance entities pursuant to paragraph (1) of subsection (a) or under paragraph (2) of that subsection during that fiscal year; ``(C) set forth the amount, if any, of funds provided to nonprofit organizations under subsection (c) during that fiscal year; and ``(D) describe the programs carried out under this section during that fiscal year. ``(2) The Court may require that any nonprofit organization and any legal assistance entity to which funds or financial assistance are provided under this section provide the Court with such information on the programs carried out under this section as the Court determines necessary to prepare a report under this subsection. ``(f) For the purposes of this section: ``(1) The term `nonprofit organization' means any not-for- profit organization that is involved with the provision of legal assistance to persons unable to afford such assistance. ``(2) The term `legal assistance entity' means a not-for- profit organization or veterans service organization capable of providing legal assistance to persons with respect to matters before the Court. ``(3) The term `veterans service organization' means an organization referred to in section 5902(a)(1) of this title, including an organization approved by the Secretary under that section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7286 the following new item: ``7287. Legal assistance for financially needy veterans in proceedings before Court.''.", "summary": "Authorizes the Court of Veterans Appeals to provide funds (where possible, through a nonprofit organization) for financial assistance to legal assistance entities to assist financially needy veterans in connection with proceedings before such Court. Permits legal assistance activities in connection with such proceedings to include: (1) financial assistance to defray the expenses of legal advice or representation (other than payment of attorney's fees); (2) case screening and referral services; (3) education and training of attorneys and other legal personnel who may appear before the Court; and (4) encouragement and facilitation of pro bono representation by attorneys, clinical law programs of law schools, and veterans' service organizations. Sets forth provisions regarding: (1) contributions by legal assistance entities receiving financial assistance; (2) a prohibition against such entities requiring or requesting the payment of a charge or fee in connection with the program; and (3) administrative and reporting requirements. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Investing in Our Future Act of 2011''. (b) Findings.--Congress finds the following: (1) While Wall Street continues to reap massive profits, the 2008 global economic crisis they helped cause has destabilized economies and impacted the budgets of the United States and impoverished nations, compromising the ability of governments to address pressing needs. (2) The scope of the financial crisis distorted our national deficit. The Congressional Budget Office estimates that Federal deficit spending is now at a record $1.5 trillion. (3) Millions of people around the world have been pushed into poverty because of the global financial crisis, through no fault of their own. (4) The impacts of climate change, disease, and ill health undermine the economies of developing nations and their ability to contribute to a secure, stable world. (5) Predictable, adequate, sustainable, long-term, public funding to address global health and climate change in developing countries at the scale needed does not currently exist but it is urgently needed. (6) Cutting vital domestic programs such as education, health care, and nutrition assistance to reduce the national debt will have a harmful impact on the long-term prosperity of the country. Alternative revenue generating mechanisms must be considered to reduce the national debt and meet international development and climate needs. (7) The financial institutions that caused the financial crisis should play a significant role in providing funds that will help developing countries mitigate and adapt to climate change, fight global HIV/AIDS, improve maternal and child health in impoverished nations, and reduce the national deficit. (8) Currency speculation by financial institutions has destabilizing impacts on the real economy and can contribute to financial crises. (9) In 2008, $4 trillion in daily currency transactions were undertaken, nearly 80 percent of which by a few major banks, without taxation. (10) A tax on the currency market would be paid by these same banks that caused the financial crisis and would generate funds to help reduce our deficit. (11) A small levy on currency would curb some speculative transactions, bringing greater stability into the currency market. (12) Collection of a small tax would not disrupt legitimate trading in the currency trading markets and would have no significant impact on individual travelers or United States corporations doing business. (13) The Secretary of State, Secretary of the Treasury, and the nations in the Organization for Economic Cooperation and Development should work together to implement a broader currency transaction tax to reduce the Federal deficit and fund global health, poverty, and climate change initiatives. SEC. 2. EXCISE TAX ON CURRENCY TRANSACTIONS. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Currency Transactions ``Sec. 4475. Currency transactions. ``SEC. 4475. CURRENCY TRANSACTIONS. ``(a) In General.--There is hereby imposed a tax on each currency transaction made by, or on behalf of, a United States person. ``(b) Exception for Low-Value Transactions.-- ``(1) In general.--Subsection (a) shall not apply to any currency transaction made by, or on behalf of, a United States person, if the aggregate value of the currencies acquired by such person in all such transactions made during the calendar year does not exceed $10,000. ``(2) Coordination with withholding rules.--Subsection (e)(2) shall not apply to any currency transaction unless the value of the currency acquired by the United States person in such transaction exceeds $10,000. The preceding sentence shall not apply if the person who facilitates such currency transaction knows, or has reason to know, that the exception provided by paragraph (1) does not apply to such transaction. ``(c) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed under subsection (a) with respect to any currency transaction shall be equal to 0.005 percent of the value of the currency acquired in the transaction. ``(2) Special rule for currency derivatives.--In the case of any currency derivative, the value of the currency acquired in the transaction shall be treated for purposes of this section as being equal to-- ``(A) in the case of a forward contract, the value of the currency purchased or sold forward, ``(B) in the case of a notional principal contract, the value of the notional principal amount of the contract, ``(C) in the case of an option, the value of the currency that would be acquired in the event the option were exercised, and ``(D) in the case of any other currency derivative, the value as determined by the Secretary. ``(3) Valuation of currency.--For purposes of this section, the valuation of any currency shall be determined in the taxpayer's functional currency (within the meaning of section 985) at the spot rate on the date of the transaction. ``(d) Currency Transaction.--For purposes of this section-- ``(1) In general.--The term `currency transaction' means-- ``(A) the exchange of any currency for another currency, and ``(B) entering into any currency derivative. ``(2) Currency derivative.--The term `currency derivative' means-- ``(A) any currency notional principal contract, and ``(B) any option, forward contract, short position, hedge, or similar financial instrument with respect to any currency or currency notional principal contract. ``(e) Liability for Tax; Withholding.-- ``(1) Liability for tax.--The tax imposed under subsection (a) with respect to any currency transaction shall be paid by the United States person referred to in subsection (a). Such person shall be allowed a credit against such tax in the amount withheld as tax under paragraph (2) with respect to such transaction. ``(2) Withholding by currency transaction facilitators.-- ``(A) In general.--Except as provided in subparagraph (B), each United States person which facilitates a currency transaction by, or on behalf of, a United States person shall deduct and withhold from the amount involved in such transaction a tax equal to the amount of the tax imposed under section 4475 with respect to such transaction. ``(B) Amounts withheld only once.--The Secretary shall prescribe regulations or other guidance to ensure that only one United States person deducts and withholds the amount described in subparagraph (A) with respect to each currency transaction. Such regulations or other guidance shall (subject to such exceptions as the Secretary may prescribe) require-- ``(i) in the case of a currency transaction which is confirmed and matched by a United States person, that such person so deduct and withhold such amount, and ``(ii) in the case of a currency transaction not described in clause (i) which is settled by a United States person, that such person so deduct and withhold such amount. ``(3) Coordination with other sections.--For purposes of so much of subtitle F (other than section 7205) as relates to chapter 24, amounts which are subject to withholding under paragraph (2) shall be treated as if they were wages paid by an employer to an employee (and amounts deducted and withheld under paragraph (2) shall be treated as if deducted and withheld under section 3402). ``(f) Application to Expanded Affiliated Groups.-- ``(1) In general.--For purposes of this section, all members of the same expanded affiliated group shall be treated as one person for purposes of this section. ``(2) Expanded affiliated group.--For purposes of this subsection, the term `expanded affiliated group' means an affiliated group as defined in section 1504(a), determined-- ``(A) by substituting `more than 50 percent' for `at least 80 percent' each place it appears, and ``(B) without regard to paragraphs (2) and (3) of section 1504(b). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence).''. (b) Clerical Amendment.--The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``subchapter c. currency transactions''. (c) Effective Date.--The amendments made by this section shall apply to transactions after December 31, 2011. SEC. 3. FUNDING FOR CHILD CARE. (a) Child Care Assistance Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Child Care Assistance Trust Fund'', consisting of such amounts as may be appropriated or credited to the Child Care Assistance Trust Fund as provided in this section. (2) Transfer to trust fund of amounts equivalent to certain taxes.--There are hereby appropriated to the Child Care Assistance Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to 10 percent of the taxes received in the Treasury under section 4475 of the Internal Revenue Code of 1986. (3) Expenditures from trust fund.--Amounts in the Child Care Assistance Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to carry out subsection (b). (4) Management of trust fund.--For purposes of subchapter B of chapter 98 of the Internal Revenue Code of 1986, the provisions of this subsection shall be treated as provisions of subchapter A of such chapter. (b) Child Care Assistance Grants.-- (1) In general.--Any appropriation under subsection (a)(3) from the Child Care Assistance Trust Fund shall be allocated among the States as an increase in the amount determined under section 418(a)(1) of the Social Security Act in the same proportion as the amount determined under such section with respect to such State (determined without regard to this subsection) bears to the aggregate amounts so determined with respect to all of the States. (2) Funding to be additional.--It is the sense of the Congress that amounts made available under this subsection shall be in addition to (and shall not be a replacement for) other funding for child care assistance. SEC. 4. MULTILATERAL GLOBAL HEALTH PROGRAMS. (a) Multilateral Global Health Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Multilateral Global Health Trust Fund'', consisting of such amounts as may be appropriated or credited to the Multilateral Global Health Trust Fund as provided in this section. (2) Transfer to trust fund of amounts equivalent to certain taxes.--There are hereby appropriated to the Multilateral Global Health Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to 25 percent of the taxes received in the Treasury under section 4475 of the Internal Revenue Code of 1986. (3) Expenditures from trust fund.--Amounts in the Multilateral Global Health Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to carry out subsection (b). (4) Management of trust fund.--For purposes of subchapter B of chapter 98 of the Internal Revenue Code of 1986, the provisions of this subsection shall be treated as provisions of subchapter A of such chapter. (b) Multilateral Global Health Grant Program.-- (1) In general.--The Secretary of State shall make grants to assist developing countries in addressing HIV/AIDS, tuberculosis, malaria, maternal mortality, family planning, neglected diseases, and other health issues affecting developing countries. (2) Eligibility for grants.--Grants under paragraph (1) may be made to-- (A) the Global Fund to Fight AIDS, Tuberculosis and Malaria to provide grants described in paragraph (1), and (B) other multilateral health funding mechanisms which the Secretary certifies-- (i) provide a significant majority of their total funding to programs in the form of grants, (ii) include independent and external technical review of programs in the awarding of funding, (iii) include governance structures that involve donor governments, implementing governments, civil society, and affected communities as equal decisionmakers, (iv) provide funding based on plans developed by implementing countries through country-level processes that include equal and meaningful involvement of civil society and impacted communities, (v) require measures of performance of all projects and formal mechanisms that condition continued financing on successful performance and outcomes, and (vi) include mechanisms for strict financial accountability and provides transparency of all decisions, evaluations, and finances through publically accessible documents. (3) Funding to be additional.--It is the sense of the Congress that grants made under this subsection shall be in addition to (and shall not be a replacement for) other funding for global health initiatives in developing countries. SEC. 5. GLOBAL CLIMATE CHANGE ADAPTATION AND MITIGATION. (a) Global Climate Change Adaptation and Mitigation Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Global Climate Change Adaptation and Mitigation Trust Fund'', consisting of such amounts as may be appropriated or credited to the Global Climate Change Adaptation and Mitigation Trust Fund as provided in this section. (2) Transfer to trust fund of amounts equivalent to certain taxes.--There are hereby appropriated to the Global Climate Change Adaptation and Mitigation Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to 25 percent of the taxes received in the Treasury under section 4475 of the Internal Revenue Code of 1986. (3) Expenditures from trust fund.--Amounts in the Global Climate Change Adaptation and Mitigation Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to carry out subsection (b). (4) Management of trust fund.--For purposes of subchapter B of chapter 98 of the Internal Revenue Code of 1986, the provisions of this subsection shall be treated as provisions of subchapter A of such chapter. (b) Global Climate Change Adaptation and Mitigation Program.-- (1) In general.--Any appropriation under subsection (a)(3) from the Global Climate Change Adaptation and Mitigation Trust Fund shall be made for contributions to the Green Climate Fund, and the Adaptation Fund, established pursuant to the United Nations Framework Convention on Climate Change (UNFCCC). (2) Funding to be additional.--It is the sense of the Congress that contributions made under this subsection shall be in addition to (and shall not be a replacement for) other funding for global climate change adaptation and mitigation initiatives in developing countries. SEC. 6. DEFICIT REDUCTION. The amount of taxes received in the Treasury under section 4475 of the Internal Revenue Code of 1986 (reduced by amounts appropriated under sections 3, 4, and 5) shall be used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amount shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate).", "summary": "Investing in Our Future Act of 2011- Amends the Internal Revenue Code to impose an excise tax on currency transactions exceeding $10,000 equal to 0.005% of the value of the currency acquired in the transaction (currency transaction tax). Establishes in the Treasury: (1) the Child Care Assistance Trust Fund, which shall be funded with 10% of the revenues from the currency transactions tax and which shall be used to provide increased allocations to states for child care assistance; (2) the Multilateral Global Health Trust Fund, which shall be funded with 25% of the revenues from such tax and from which the Secretary of State shall make grants to assist developing countries in addressing HIV/AIDS, tuberculosis, malaria, maternal mortality, family planning, neglected diseases, and other health issues; and (3) the Global Climate Change Adaptation and Mitigation Trust Fund, which shall be funded with 25% of the revenues from such tax and which shall be used for contributions to the Green Climate Fund, and the Adaptation Fund, established pursuant to the United Nations Framework Convention on Climate Change. Requires remaining tax revenues to be used for federal budget deficit reduction or reduction of the federal debt."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price and Refinery Capacity Relief Act of 2013''. SEC. 2. COORDINATION OF REFINERY OUTAGES. Section 804 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17283) is amended to read as follows: ``SEC. 804. COORDINATION OF REFINERY OUTAGES. ``(a) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Energy Information Administration. ``(2) Planned refinery outage.--The term `planned refinery outage' means a removal, scheduled before the date on which the removal occurs, of a refinery, or any unit of a refinery, from service for maintenance, repair, or modification. ``(3) Refined petroleum product.--The term `refined petroleum product' means any gasoline, diesel fuel, fuel oil, lubricating oil, liquid petroleum gas, or other petroleum distillate that is produced through the refining or processing of crude oil or an oil derived from tar sands, shale, or coal. ``(4) Refinery.--The term `refinery' means a facility used in the production of a refined petroleum product through distillation, cracking, or any other process. ``(5) Unplanned refinery outage.--The `unplanned refinery outage' means the removal of a refinery, or any unit of a refinery, from service that is not scheduled in advance. ``(b) Reporting Requirement.--The owner or operator of a refinery shall submit to the Administrator information describing-- ``(1) the schedule of the refinery for any planned refinery outage, including-- ``(A) the dates for the planned refinery outage at least 1 year in advance of the date of the expected outage or the date the outage is scheduled; and ``(B) the estimated inventories and production of refined petroleum products during the period described in subparagraph (A); and ``(2) any unplanned refinery outages as soon as practicable ``(c) Review and Analysis of Available Information.--The Administrator shall, on an ongoing basis-- ``(1) review information on planned refinery outages and unplanned refinery outages-- ``(A) reported by refineries under subsection (b); and ``(B) that is available from commercial reporting services; ``(2) analyze that information to determine whether the scheduling of a planned refinery outage or an unplanned refinery outage may nationally or regionally substantially affect the price or supply of any refined petroleum product by-- ``(A) decreasing the production of the refined petroleum product; and ``(B) causing or contributing to a retail or wholesale supply shortage or disruption; and ``(3) alert the Secretary of any refinery outage that the Administrator determines may nationally or regionally substantially affect the price or supply of a refined petroleum product. ``(d) Action by Secretary.--On a determination by the Secretary that a refinery outage may affect the price or supply of a refined petroleum product, the Secretary shall make available to refinery operators information on planned refinery outages or unplanned refinery outages to prevent significant market disruptions. ``(e) Limitation.--Nothing in this section-- ``(1) alters any existing legal obligation or responsibility of a refinery operator; ``(2) creates any legal right of action; or ``(3) authorizes the Secretary-- ``(A) to prohibit a refinery operator from conducting a planned refinery outage; or ``(B) to require a refinery operator to continue to operate a refinery. ``(f) Study on National Strategic Refined Petroleum Products Reserve.-- ``(1) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall study and submit to Congress a report on the costs and benefits of creating a national strategic refined petroleum products reserve for refined petroleum products. ``(2) Information.--The report required under paragraph (1) shall include information on-- ``(A) the days of existing storage capabilities within the different petroleum administration defense districts based on normal usage of refined petroleum products; ``(B) the feasibility of increasing storage capacity for refined petroleum products on a regional basis; and ``(C) the impact additional storage capacity would have on the retail price of refined petroleum products for consumers in the event of a supply shortage or market disruption from a natural disaster or refinery outage.''.", "summary": "Gas Price and Refinery Capacity Relief Act of 2013 - Amends the Energy Independence and Security Act of 2007 to require a refinery owner or operator to report to the Administrator of the Energy Information Administration (EIA): (1) at least one year in advance the schedule for any planned removal from service for maintenance, repair, or modification of any refinery or a unit (planned refinery outage); and (2) as soon as practicable any unplanned refinery outages. Directs the Secretary of Energy to: (1) review, analyze, and make available to refinery operators information on unplanned refinery outages in order to prevent significant market disruptions; and (2) analyze the costs and benefits of creating a national strategic refined petroleum products reserve for refined petroleum products."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``School-Based Respiratory Health Management Act''. SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW TRAINED SCHOOL PERSONNEL TO ADMINISTER RESCUE MEDICATIONS FOR ALLERGIES AND REVERSIBLE LOWER AIRWAY DISORDERS. Section 399L(d) of the Public Health Service Act (42 U.S.C. 280g(d)) is amended-- (1) in paragraph (1)-- (A) by amending subparagraph (F) to read as follows: ``(F) School personnel administration of rescue medications for allergies and reversible lower airway disorders.--In determining the preference (if any) to be given to a State under this subsection, the Secretary shall give additional preference to a State that provides to the Secretary the certification described in subparagraph (G) and that requires that each public elementary school and secondary school in the State-- ``(i) has in place a plan for having on the premises of the school during all operating hours of the school a school nurse or one or more other individuals who are trained personnel of the school; and ``(ii) has in place under the direction of a school nurse a comprehensive school-based allergies and reversible lower airway disorders management program that includes-- ``(I) a method to identify all students of such school with a diagnosis of allergies and reversible lower airway disorders; ``(II) an individual student allergies and reversible lower airway disorders action plan for each student of such school with a diagnosis of allergies and reversible lower airway disorders; ``(III) allergies and reversible lower airway disorders education for school staff who are directly responsible for students who have been identified as having allergies or reversible lower airway disorders, such as education regarding basics, management, trigger management, and comprehensive emergency responses with respect to allergies and reversible lower airway disorders; ``(IV) rescue medications for allergies or reversible lower airway disorders and emergency policies that are specific to the school; ``(V) efforts to reduce the presence of environmental triggers of allergies and reversible lower airway disorders; and ``(VI) a system to support students with a diagnosis of allergies or reversible lower airway disorders through coordination with family members of such students, primary care providers of such students, and others as necessary.''; and (B) in subparagraph (G), by inserting ``or rescue medication for allergies or reversible lower airway disorders to a student reasonably believed to have a diagnosis of allergies or reversible lower airway disorders,'' after ``to a student reasonably believed to be having an anaphylactic reaction''; and (2) in paragraph (3)-- (A) in subparagraph (C)-- (i) by striking ``The term'' and inserting ``(i) The term''; and (ii) by adding at the end the following new clause: ``(ii) The term `rescue medications for allergies and reversible lower airway disorders' includes at least short-acting bronchodilators.''; and (B) in subparagraph (E)-- (i) in the matter preceding clause (i), by inserting ``, such as the school nurse'' after ``individual''; (ii) in clause (i)-- (I) by inserting ``school nurse or'' before ``principal''; and (II) by inserting ``and rescue medications for allergies and reversible lower airway disorders'' before ``on a voluntary basis''; (iii) in clause (ii), by inserting ``and rescue medications for allergies and reversible lower airway disorders'' before the semicolon; and (iv) in clause (iii), by inserting ``and rescue medications for allergies and reversible lower airway disorders'' before ``meets appropriate medical standards''.", "summary": "School-Based Respiratory Health Management Act This bill amends the Public Health Service Act to revise the conditions under which the Department of Health and Human Services, in making asthma-related grants, gives preference to a state. A preference is given to states that require elementary and secondary schools to have: (1) on the premises during operating hours at least one individual trained in the administration of rescue medications for allergies and reversible lower airway disorders, and (2) an allergies and reversible lower airway disorders management program. Currently, this preference is given to states that require schools to have on the premises an individual trained in the administration of epinephrine to a student having a severe allergic reaction. To be eligible for this preference, a state must have civil liability protections for trained individuals who administer rescue medications for allergies and reversible lower airway disorders."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``USDA Civil Rights Resolution Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) there exists a strong public policy against discrimination against minority groups, whether the discrimination is committed by private persons or by the Federal Government in the operation of its programs; (2) whenever discrimination occurs in the conduct of Federal programs, the responsible Federal agencies should take quick and aggressive action to remedy the discrimination; (3) in 1997, it was determined that the Department of Agriculture had, for decades, been guilty of civil rights violations against United States agricultural producers participating, or attempting to participate, in Department programs; (4) in 1998, Congress created a 2-year waiver of the statute of limitations to allow persons injured by discrimination by the Department to seek redress in court or by filing an administrative compliant with the Department; (5) despite the waiver of the statute of limitations, it remains a difficult challenge to ensure that agricultural producers injured by discrimination by the Department over the years will get a speedy and balanced resolution of their complaints because it appears now that-- (A) a number of complaints that have already been investigated by investigators hired by the Office of Civil Rights of the Department are not being resolved; and (B) nothing is being done to expeditiously resolve these cases; and (6) it is unfair for agricultural producers to be faced with these delays because-- (A) the producers cannot get on with their lives, or plan their farming operations, until their complaints are resolved; and (B) the producers are being wronged a second time by delays in resolving meritorious complaints. (b) Purposes.--It is the purpose of this Act-- (1) to impose on the Department of Agriculture a reasonable time limit to resolve the complaints described in subsection (a); and (2) if the Department fails to meet the reasonable time limit, to enable complainants to seek the experience and expertise of the Civil Rights Division of the Department of Justice in resolving the complaints in a timely manner. SEC. 3. WAIVER OF STATUTE OF LIMITATIONS. Section 741(b) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C. 2279 note; Public Law 105-277) is amended-- (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) by striking ``(b) The'' and inserting the following: ``(b) Administrative Determinations.-- ``(1) In general.--The''; (3) by indenting the margins of subparagraphs (A), (B), and (C) (as so redesignated) to reflect the amendment made by paragraph (2); and (4) by adding at the end the following: ``(2) Review by department of justice.-- ``(A) In general.--If a complainant seeks a determination by the Department of Agriculture on the merits of an eligible complaint under paragraph (1) and the complaint is not resolved by the Department within 270 days after the complaint has been investigated by the Department, the complainant may petition the Civil Rights Division of the Department of Justice-- ``(i) to review the complaint; and ``(ii) to make recommendations to the Department of Agriculture to resolve the complaint. ``(B) Deadline.--The Civil Rights Division of the Department of Justice shall conduct the review, and make recommendations to resolve the complaint, not later than 30 days after the complainant files a petition under subparagraph (A). ``(C) Access to review for other cases.-- ``(i) In general.--The right to review by the Department of Justice under this paragraph shall be made available to any complainant with a complaint that-- ``(I) is not considered an eligible complaint under the time criteria described in subsection (e); and ``(II) is pending at the Office of Civil Rights of the Department of Agriculture on the date of enactment of this paragraph. ``(ii) Tolling.--In the case of any complaint that is reviewed by the Department of Justice under this paragraph, after the review process is completed-- ``(I) the complainant-- ``(aa) shall be deemed to have exhausted the administrative remedies of the complainant; and ``(bb) may file an action on the complaint in United States District Court; and ``(II) any applicable statute of limitations shall be tolled for the period beginning on the date that the complaint was filed at the Department of Agriculture and ending on the date of completion of the review by the Department of Justice.''.", "summary": "Makes the right to review by the Department of Justice available to any complainant with a complaint that: (1) is not considered an eligible complaint under specified time criteria (eligible complaints were filed before July 1, 1997, and allege discrimination occurred between 1981 and 1996); and (2) is pending at the Office of Civil Rights of the Department of Agriculture on this Act's enactment date. Deems complainants to have exhausted administrative remedies after review is completed and authorizes the filing of actions after such time in a district court. Requires the tolling of any statute of limitations beginning on the date the complaint was filed at the Department of Agriculture and ending on date of completion of review by the Department of Justice."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom of Choice Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States was founded on the principles of individual liberty, personal privacy, and equality. Such principles ensure that each individual is free to make the most intimate decisions free from governmental interference and discrimination. (2) A woman's decision to commence, prevent, continue, or terminate a pregnancy is one of the most intimate decisions an individual ever faces. As such, reproductive health decisions are best made by the woman, in consultation with her medical provider or loved ones, without governmental interference. (3) In 1965, in Griswold v. Connecticut (381 U.S. 479), and in 1973, in Roe v. Wade (410 U.S. 113) and Doe v. Bolton (410 U.S. 179), the Supreme Court recognized the right to privacy protected by the Constitution and that such right encompassed the right of every woman to weigh the personal, moral, and religious considerations involved in deciding whether to commence, prevent, continue, or terminate a pregnancy. (4) The Roe v. Wade decision carefully balanced the rights of women to make important reproductive decisions with the state's interest in potential life. Under Roe v. Wade and Doe v. Bolton, a woman's right to choose to terminate her pregnancy is absolute only prior to fetal viability, with the state permitted to ban abortion after fetal viability except when necessary to protect the life or health of a woman. (5) These decisions have protected the health and lives of women in the United States. Prior to the Roe v. Wade decision, an estimated 1,200,000 women each year were forced to resort to illegal abortions, despite the known hazards that included unsanitary conditions, incompetent treatment, infection, hemorrhage, disfiguration, and death. (6) According to one estimate, prior to 1973, as many as 5,000 women died each year in the United States as a result of having an illegal abortion. (7) In countries where abortion remains illegal, the risk of complications and maternal mortality is high. According to the World Health Organization, of the approximately 600,000 pregnancy-related deaths occurring annually around the world, 80,000 are associated with unsafe abortions. (8) The Roe v. Wade decision expanded the opportunities for women to participate equally in society. In 1992, in Planned Parenthood v. Casey (505 U.S. 833), the Supreme Court observed that, ``[t]he ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.''. (9) Even though the Roe v. Wade decision guaranteed a constitutional right to choose whether to terminate or continue a pregnancy, threats to that right remain, including possible reversal or further erosion by the Supreme Court of the right, and legislative and administrative policies at all levels of government that make abortion more difficult and dangerous to obtain. (10) 87 percent of the counties in the United States have no abortion provider. (11) Legal barriers to the full range of reproductive services endanger the health and lives of women. (12) Women should have meaningful access to reproductive health services to prevent unintended pregnancies, thereby reducing the need for abortions. (13) To ensure that a woman's right to choose whether to terminate a pregnancy is available to all women in the United States, Federal protection for that right is necessary. (14) Although Congress may not create constitutional rights without amending the Constitution, Congress may, where authorized by its enumerated powers and not prohibited by the Constitution, enact legislation to create and secure statutory rights in areas of legitimate national concern. (15) Congress has the affirmative power under section 8 of article I of the Constitution and section 5 of the 14th amendment to the Constitution to enact legislation to facilitate interstate commerce and to prevent State interference with interstate commerce, liberty, or equal protection of the laws. (16) Federal protection of a woman's right to choose to prevent or terminate a pregnancy falls within this affirmative power of Congress, in part, because-- (A) many women cross State lines to obtain abortions and many more would be forced to do so absent a constitutional right or Federal protection; (B) reproductive health clinics are commercial actors that regularly purchase medicine, medical equipment, and other necessary supplies from out-of- State suppliers; and (C) reproductive health clinics employ doctors, nurses, and other personnel who travel across State lines in order to provide reproductive health services to patients. SEC. 3. DEFINITIONS. In this Act: (1) Government.--The term ``government'' includes a branch, department, agency, instrumentality, or official (or other individual acting under color of law) of the United States, a State, or a subdivision of a State. (2) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States. (3) Viability.--The term ``viability'' means that stage of pregnancy when, in the best medical judgment of the attending physician based on the particular medical facts of the case before the physician, there is a reasonable likelihood of the sustained survival of the fetus outside of the woman. SEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH PROHIBITED. (a) Statement of Policy.--It is the policy of the United States that every woman has the fundamental right to choose to bear a child, to terminate a pregnancy prior to fetal viability, or to terminate a pregnancy after fetal viability when necessary to protect the life or health of the woman. (b) Prohibition of Interference.--A government may not-- (1) deny or interfere with a woman's right to choose-- (A) to bear a child; (B) to terminate a pregnancy prior to viability; or (C) to terminate a pregnancy after viability where termination is necessary to protect the life or health of the woman; or (2) discriminate against the exercise of the rights set forth in paragraph (1) in the regulation or provision of benefits, facilities, services, or information. (c) Civil Action.--An individual aggrieved by a violation of this section may obtain appropriate relief (including relief against a government) in a civil action. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which the provision is held to be unconstitutional, shall not be affected thereby. SEC. 6. RETROACTIVE EFFECT. This Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.", "summary": "Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child; (2) terminate a pregnancy prior to fetal viability; or (3) terminate it after fetal viability when necessary to protect her life or her health. Prohibits a governmental entity from : (1) denying or interfering with a woman's right to exercise such choices; or (2) discriminating against the exercise of those rights in its regulation or provision of benefits, facilities, services, or information. Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity in a civil action. States that this Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure Resiliency and Sustainability Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Hydrologic condition.--The term ``hydrologic condition'' means the quality, quantity, or reliability of the water resources of a region of the United States. (3) Owner or operator of a water system.-- (A) In general.--The term ``owner or operator of a water system'' means an entity (including a regional, State, tribal, local, municipal, or private entity) that owns or operates a water system. (B) Inclusions.--The term ``owner or operator of a water system'' includes-- (i) a non-Federal entity that has operational responsibilities for a federally, tribally, or State-owned water system; and (ii) an entity established by an agreement between-- (I) an entity that owns or operates a water system; and (II) at least 1 other entity. (4) Water system.--The term ``water system'' means-- (A) a community water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); (B) a treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)), including a municipal separate storm sewer system (as that term is used in that Act (33 U.S.C. 1251 et seq.)); (C) a decentralized wastewater treatment system for domestic sewage; (D) a groundwater storage and replenishment system; (E) a system for transport and delivery of water for irrigation or conservation; or (F) a natural or engineered system that manages floodwater. SEC. 3. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY. (a) Program.--The Administrator shall establish and implement a program, to be known as the ``Water Infrastructure Resiliency and Sustainability Program'', under which the Administrator shall award grants for each of fiscal years 2015 through 2019 to owners or operators of water systems for the purpose of increasing the resiliency or adaptability of the water systems to any ongoing or forecasted changes (based on the best available research and data) to the hydrologic conditions of a region of the United States. (b) Use of Funds.--As a condition on receipt of a grant under this Act, an owner or operator of a water system shall agree to use the grant funds exclusively to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that meets the purpose described in subsection (a) by-- (1) conserving water or enhancing water use efficiency, including through the use of water metering and electronic sensing and control systems to measure the effectiveness of a water efficiency program; (2) modifying or relocating existing water system infrastructure made or projected to be significantly impaired by changing hydrologic conditions; (3) preserving or improving water quality, including through measures to manage, reduce, treat, or reuse municipal stormwater, wastewater, or drinking water; (4) investigating, designing, or constructing groundwater remediation, recycled water, or desalination facilities or systems to serve existing communities; (5) enhancing water management by increasing watershed preservation and protection, such as through the use of natural or engineered green infrastructure in the management, conveyance, or treatment of water, wastewater, or stormwater; (6) enhancing energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (7) supporting the adoption and use of advanced water treatment, water supply management (such as reservoir reoperation and water banking), or water demand management technologies, projects, or processes (such as water reuse and recycling, adaptive conservation pricing, and groundwater banking) that maintain or increase water supply or improve water quality; (8) modifying or replacing existing systems or constructing new systems for existing communities or land that is being used for agricultural production to improve water supply, reliability, storage, or conveyance in a manner that-- (A) promotes conservation or improves the efficiency of use of available water supplies; and (B) does not further exacerbate stresses on ecosystems or cause redirected impacts by degrading water quality or increasing net greenhouse gas emissions; (9) supporting practices and projects, such as improved irrigation systems, water banking and other forms of water transactions, groundwater recharge, stormwater capture, groundwater conjunctive use, and reuse or recycling of drainage water, to improve water quality or promote more efficient water use on land that is being used for agricultural production; (10) reducing flood damage, risk, and vulnerability by-- (A) restoring floodplains, wetland, and upland integral to flood management, protection, prevention, and response; (B) modifying levees, floodwalls, and other structures through setbacks, notches, gates, removal, or similar means to facilitate reconnection of rivers to floodplains, reduce flood stage height, and reduce damage to properties and populations; (C) providing for acquisition and easement of flood-prone land and properties in order to reduce damage to property and risk to populations; or (D) promoting land use planning that prevents future floodplain development; (11) conducting and completing studies or assessments to project how changing hydrologic conditions may impact the future operations and sustainability of water systems; or (12) developing and implementing measures to increase the resilience of water systems and regional and hydrological basins, including the Colorado River Basin, to rapid hydrologic change or a natural disaster (such as tsunami, earthquake, flood, or volcanic eruption). (c) Application.--To seek a grant under this Act, the owner or operator of a water system shall submit to the Administrator an application that-- (1) includes a proposal for the program, strategy, or infrastructure improvement to be planned, designed, constructed, implemented, or maintained by the water system; (2) provides the best available research or data that demonstrate-- (A) the risk to the water resources or infrastructure of the water system as a result of ongoing or forecasted changes to the hydrologic system of a region, including rising sea levels and changes in precipitation patterns; and (B) the manner in which the proposed program, strategy, or infrastructure improvement would perform under the anticipated hydrologic conditions; (3) describes the manner in which the proposed program, strategy, or infrastructure improvement is expected-- (A) to enhance the resiliency of the water system, including source water protection for community water systems, to the anticipated hydrologic conditions; or (B) to increase efficiency in the use of energy or water of the water system; and (4) describes the manner in which the proposed program, strategy, or infrastructure improvement is consistent with an applicable State, tribal, or local climate adaptation plan, if any. (d) Priority.-- (1) Water systems at greatest and most immediate risk.--In selecting grantees under this Act, subject to section 4(b), the Administrator shall give priority to owners or operators of water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant negative impacts due to changing hydrologic conditions. (2) Goals.--In selecting among applicants described in paragraph (1), the Administrator shall ensure that, to the maximum extent practicable, the final list of applications funded for each year includes a substantial number that propose to use innovative approaches to meet 1 or more of the following goals: (A) Promoting more efficient water use, water conservation, water reuse, or recycling. (B) Using decentralized, low-impact development technologies and nonstructural approaches, including practices that use, enhance, or mimic the natural hydrological cycle or protect natural flows. (C) Reducing stormwater runoff or flooding by protecting or enhancing natural ecosystem functions. (D) Modifying, upgrading, enhancing, or replacing existing water system infrastructure in response to changing hydrologic conditions. (E) Improving water quality or quantity for agricultural and municipal uses, including through salinity reduction. (F) Providing multiple benefits, including to water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement. (e) Cost-Sharing Requirement.-- (1) Federal share.--The share of the cost of any program, strategy, or infrastructure improvement that is the subject of a grant awarded by the Administrator to the owner or operator of a water system under subsection (a) paid through funds distributed under this Act shall not exceed 50 percent of the cost of the program, strategy, or infrastructure improvement. (2) Calculation of non-federal share.--In calculating the non-Federal share of the cost of a program, strategy, or infrastructure improvement proposed by a water system in an application submitted under subsection (c), the Administrator shall-- (A) include the value of any in-kind services that are integral to the completion of the program, strategy, or infrastructure improvement, including reasonable administrative and overhead costs; and (B) not include any other amount that the water system involved receives from the Federal Government. (f) Davis-Bacon Compliance.-- (1) In general.--All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (2) Authority.--With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (g) Report to Congress.--Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Administrator shall submit to Congress a report that-- (1) describes the progress in implementing this Act; and (2) includes information on project applications received and funded annually under this Act. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $50,000,000 for each of fiscal years 2015 through 2019. (b) Reduction of Flood Damage, Risk, and Vulnerability.--Of the amount made available to carry out this Act for a fiscal year, not more than 20 percent may be made available to grantees for activities described in subsection (b)(10).", "summary": "Water Infrastructure Resiliency and Sustainability Act of 2015 This bill requires the Environmental Protection Agency (EPA) to establish the Water Infrastructure Resiliency and Sustainability Program to provide grants in each of FY2015-FY2019 for programs or projects to increase the resiliency or adaptability of water systems to any ongoing or forecasted changes to the hydrologic conditions of a U.S. region. A water system is a community water system, a treatment works, a decentralized wastewater treatment system for domestic sewage, a groundwater storage and replenishment system, a system for transport and delivery of water for irrigation or conservation, or a natural or engineered system that manages floodwater. The EPA must give priority to owners or operators of water systems that are at the greatest and most immediate risk of facing significant negative impacts due to changing hydrologic conditions. The EPA must ensure, to the maximum extent practicable, that the list of grant applications funded includes a substantial number that propose to use innovative approaches that meet at least one of these goals: promote more efficient water use, conservation, reuse, or recycling; use decentralized, low-impact development technologies and nonstructural approaches; reduce stormwater runoff or flooding by protecting or enhancing natural ecosystem functions; modify, upgrade, enhance, or replace existing water system infrastructure in response to changing hydrologic conditions; improve water quality or quantity for agricultural and municipal uses; and provide multiple benefits, including water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement."}
{"article": "SECTION 1. FINDINGS. The Congress finds the following: (1) The goal of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is to maintain marine mammal species and population stocks at their optimum sustainable populations. (2) If the annual removals of individuals of a species or population stock of marine mammals do not exceed the potential biological removal level, the species or population stock will be maintained at, or reach, its optimum sustainable population. (3) Requiring that commercial fishermen achieve a zero mortality rate goal for a species or population stock of marine mammals that is equal to or less than 10 percent of the potential biological removal of a given marine mammal species or population stock is unnecessary to achieve that Act's goal of maintaining species and stocks at their optimum sustainable population and penalizes commercial fishermen. (4) The Congress intended that the zero mortality rate goal under that Act would be met if fishermen use the best technology that is economically and technologically feasible. (5) Species and populations stocks of marine mammal that have reached historic levels are impeding the recovery of endangered species and threatened species through predation or competition in the ecosystem. (6) The fundamental principles of ecosystem management are defeated by giving one species a preeminent position in the ecosystem through, imposition of a zero mortality rate goal. (7) All persons that interact with marine mammals should seek to reduce and eliminate marine mammal injuries and mortalities through the use of the best equipment and techniques that are economically and technologically feasible. SEC. 2. MODIFICATION OF GOALS FOR REDUCING INCIDENTAL TAKE OF MARINE MAMMALS IN COMMERCIAL FISHING. (a) Repeal of Zero Mortality Goal.--Section 118 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1387) is amended by striking subsection (b), and by redesignating subsections (c) through (l) in order as subsections (b) through (k). (b) Conforming Amendments.--Such Act is further amended as follows: (1) In section 101(a)(2) (16 U.S.C. 1371(a)(2)) by striking the third sentence. (2) In section 101(a)(5)(E)(i)(III) (16 U.S.C. 1371(a)(5)(E)(i)(III) by striking ``subsection (d)'' and inserting ``subsection (c)''. (3) In section 115(b)(4) (16 U.S.C. 1384(b)(4)) by striking ``section 118(f)(1)'' and inserting ``section 118(e)(1)''. (4) In section 117(a)(4) (16 U.S.C. 1386(a)(4)) in subparagraph (D) by striking ``, and an analysis'' and all that follows through the end of the subparagraph and inserting a semicolon. (5) In section 118 (16 U.S.C. 1387) by striking ``subsection (c)(1)(A) (i)'' each place it appears and inserting ``subsection (b)(1)(A)(i)''. (6) In section 118 (16 U.S.C. 1387) by striking ``subsection (c)(1)(A)(i)'' each place it appears and inserting ``subsection (b)(1)(A)(i)''. (7) In section 118(a)(1) (16 U.S.C. 1387(a)(1)) by striking the last sentence. (8) In section 118(b), as redesignated by subsection (a) of this section 16 U.S.C. 1387(c)(1)(B)), by striking ``subsection (e)'' each place it appears and inserting ``subsection (d)''. (9) In section 118(c)(1)(B), as redesignated by subsection (a) of this section (16 U.S.C. 1387(d)(1)(B)), by striking ``subsection (e)'' and inserting ``subsection (d)''. (10) In section 118(e)(9)(D), as redesignated by subsection (a) of this section (16 U.S.C. 1387(f)(9)(D)), by striking ``subsection (d)'' and inserting ``subsection (c)''. (11) In section 118(f)(1), as redesignated by subsection (a) of this section (16 U.S.C. 1387(g)(1)), by striking ``subsection (c)(1)(A)(iii)'' each place it appears and inserting ``subsection (b)(1)(A)(iii)''. (12) In section 118(g), as redesignated by subsection (a) of this section (16 U.S.C. 1387(h)), by striking ``subsection (c)'' and inserting ``subsection (b)''. (13) In section 120(j)(2) (16 U.S.C. 1389(j)(2)) by striking ``118(f)(5)(A)'' and inserting ``118(e)(5)(A)''. (c) Modification of Goal of Take Reduction Plans.--Section 118(e)(2) of such Act, as redesignated by subsection (a) of this section (16 U.S.C. 1387(f)(2)), is amended by striking the last sentence and inserting the following: ``The long-term goal of the plan shall be to reduce, within 5 years after its implementation, the incidental mortality or serious injury of marine mammals incidentally taken in the course of fishing operations taking into account the economics of the fishery, the availability of existing technology, and existing State or regional fishery management plans.''.", "summary": "Amends the Marine Mammal Protection Act of 1972 to repeal the long-term goal of reducing to zero the incidental mortality and serious injury of marine mammals in commercial fishing operations. Makes reduction of such incidental mortality and serious injury (but not to any specified percentage) the long-term goal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security Readiness Act of 2003''. SEC. 2. MILITARY READINESS AND THE CONSERVATION OF PROTECTED SPECIES. (a) Designation of Critical Habitat.--Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended by striking ``prudent and determinable'' and inserting ``necessary''. (b) Limitation on Designation of Critical Habitat.--Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by inserting ``(A)'' after ``(3)''; and (3) by adding at the end the following: ``(B)(i) The Secretary shall not designate as critical habitat any lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary determines that such plan addresses special management considerations or protection (as those terms are used in section 3(5)(A)(i)). ``(ii) Nothing in this paragraph affects the requirement to consult under section 7(a)(2) with respect to an agency action (as that term is defined in that section). ``(iii) Nothing in this paragraph affects the obligation of the Department of Defense to comply with section 9, including the prohibition preventing extinction and taking of endangered species and threatened species.''. (c) Consideration of Effects of Designation of Critical Habitat.-- Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended by inserting ``the impact on national security,'' after ``the economic impact,''. SEC. 3. AMENDMENT TO DEFINITION OF HARASSMENT UNDER MARINE MAMMAL PROTECTION ACT OF 1972. Section 3(18) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(18)) is amended by striking the matter preceding subparagraph (B) and inserting the following: ``(18)(A) The term `harassment' means-- ``(i) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild; or ``(ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered.''. SEC. 4. EXEMPTION OF ACTIONS NECESSARY FOR NATIONAL DEFENSE. Section 101 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371) is amended by inserting after subsection (e) the following: ``(f) Exemption of Actions Necessary for National Defense.--(1) The Secretary of Defense, after conferring with the Secretary of Commerce, the Secretary of the Interior, or both, as appropriate, may exempt any action or category of actions undertaken by the Department of Defense or its components from compliance with any requirement of this Act, if the Secretary determines that it is necessary for national defense. ``(2) An exemption granted under this subsection-- ``(A) subject to subparagraph (B), shall be effective for a period specified by the Secretary of Defense; and ``(B) shall not be effective for more than 2 years. ``(3)(A) The Secretary of Defense may issue additional exemptions under this subsection for the same action or category of actions, after-- ``(i) conferring with the Secretary of Commerce, the Secretary of the Interior, or both as appropriate; and ``(ii) making a new determination that the additional exemption is necessary for national defense. ``(B) Each additional exemption under this paragraph shall be effective for a period specified by the Secretary of Defense, of not more than 2 years.''. SEC. 5. INCIDENTAL TAKINGS OF MARINE MAMMALS IN MILITARY READINESS ACTIVITY. Section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)) is amended-- (1) in subparagraph (A)-- (A) by striking ``within a specified geographical region''; (B) by striking ``within that region of small numbers''; and (C) by adding at the end the following: ``Notwithstanding the preceding sentence, the Secretary is not required to publish notice under this subparagraph with respect to incidental takings while engaged in military readiness activities authorized by the Secretary of Defense, except in the Federal Register.''; (2) in subparagraph (B)-- (A) by striking ``within a specified geographical region''; and (B) by striking ``within one or more regions''; and (3) in subparagraph (D)-- (A) in clause (i)-- (i) by striking ``within a specific geographic region''; (ii) by striking ``of small numbers''; and (iii) by striking ``within that region''; and (B) by adding at the end the following: ``(vi) Notwithstanding clause (iii), the Secretary is not required to publish notice under this subparagraph with respect to an authorization under clause (i) of incidental takings while engaged in military readiness activities authorized by the Secretary of Defense, except in the Federal Register.''. SEC. 6. LIMITATION ON DEPARTMENT OF DEFENSE RESPONSIBILITY FOR CIVILIAN WATER CONSUMPTION IMPACTS ON CRITICAL HABITAT OR ENDANGERED SPECIES. (a) Rule of Construction.--For purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), the terms ``action'' and ``agency action'', when applied to any action of the Department of Defense, shall not include water consumption of any kind unless-- (1) such water consumption occurs on a military installation, whether the source of the water consumed is located on or off the installation; or (2) such water consumption occurs off of a military installation and the source of the water is under the direct control of the Department of Defense. (b) Voluntary Efforts.--Nothing in this section shall prohibit a military installation from voluntarily undertaking efforts to mitigate water use and consumption. (c) Definitions.--In this section: (1) The term ``military installation'' has the meaning given such term in section 2687(e) of title 10, United States Code. (2) The term ``water consumption'' means the use of water, from any source, for human purposes of any kind, including household or industrial use, irrigation, or landscaping. (d) Effective Date.--This section applies only to Department of Defense actions regarding which consultation or reconsultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is first required on or after the date of the enactment of this Act.", "summary": "National Security Readiness Act of 2003 - Amends the Endangered Species Act of 1973 (ESA) to prohibit the Secretary of the Interior (or the Secretary of Commerce, as appropriate) from designating as critical habitat any land or geographical area controlled by the Department of Defense, or designated for its use, that is subject to an integrated natural resources management plan for a military installation under the Sikes Act, if the Secretary determines that the plan addresses special management considerations or protections. Amends the Marine Mammal Protection Act of 1972 (MMPA) to redefine the term \"harassment\" as it relates to marine mammals to limit the meaning of: (1) any act that has the potential to injure a marine mammal or marine mammal stock in the wild to any act that has the significant potential to cause such an injury; and (2) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing a disruption of natural behavioral patterns to causing such a disruption to the point where such behavioral patterns are abandoned or significantly altered. Authorizes the Secretary of Defense, after conferring with the Secretary of Commerce or the Secretary of the Interior (as appropriate), to exempt any action undertaken by the Department of Defense from requirements of the MMPA, if the Secretary of Defense determines that the action is necessary for national defense. Limits such exemption to a renewable two-year period. Repeals the limitation to a specified geographical region or a region of small numbers of any allowance of incidental, but not intentional, taking of marine mammals by U.S. citizens engaged in a specified activity (including a military readiness activity) other than commercial fishing. Exempts the Secretary of the Interior (or, as appropriate, the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating) from the requirement to publish notice (except in the Federal Register) with respect to incidental takings of marine mammals and marine mammal products while engaged in military readiness activities authorized by the Secretary of Defense. (Currently, the appropriate Secretary is required to publish notice also in newspapers of general circulation, and through electronic media, in the coastal areas that may be affected.) Limits the Department of Defense responsibility under ESA for water consumption impacts on critical habitats or endangered species to: (1) water consumption occurring on a military installation, whether the source of the water consumed is located on or off the installation; or (2) water consumption occurring off of a military installation and the source of the water is under the direct control of the Department of Defense. (Exempts military installations from certain ESA requirements regarding official actions or agency actions with respect to civilian water consumption impacts on critical habitats or endangered species.) States that nothing shall prohibit a military installation from voluntarily undertaking efforts to mitigate water use and consumption."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rapid DNA Act of 2014''. SEC. 2. DEFINITIONS. The DNA Identification Act of 1994 (42 U.S.C. 14132) is amended by inserting at the end the following: ``SEC. __. DEFINITIONS. ``(1) The term `reference DNA sample' means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out. ``(2) The term `DNA analysis' means analysis of the deoxyribonucleic acid (DNA) identification information from a bodily sample. ``(3) The term `sample-to-answer DNA analysis systems' means fully automated systems that after input of a DNA sample can perform all necessary sample preparation and analysis with no operator intervention. ``(4) The term `qualified agencies' means booking stations, jails, prisons, detention centers, other law enforcement organizations, and facilities outside of forensic laboratories that can perform DNA analysis using sample-to-answer DNA systems on subjects meeting current legislative guidelines. ``(5) The term `operators' means persons trained to operate a sample-to-answer DNA system.''. SEC. 3. REVISED QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS. Section 210303 of the DNA Identification Act of 1994 (42 U.S.C. 14131) is amended-- (1) in subsection (a)(1)(B), by inserting after ``Technology'' the following: ``, and members from Federal, State, and local law enforcement agencies.''; (2) in subsection (a)(1)(C), by inserting after ``DNA'' the following: ``and separate standards for testing the proficiency of qualified agencies, and operators, in conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; (3) in subsection (a)(2), by inserting after ``DNA'' the following: ``DNA and separate standards for testing the proficiency of qualified agencies, and operators, in conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; (4) in subsection (a)(3), by inserting after ``used by forensic laboratories'' the following: ``and by qualified agencies conducting analyses of DNA samples using sample-to- answer DNA analysis systems.''; and by inserting after ``determine whether a laboratory'' the following: ``, or agency,''; (5) in subsection (a)(4), by inserting after ``for purposes of this section'' the following: ``, and for qualified agencies the quality assurance guidelines recommended by the scientific working group on DNA analysis methods.''; (6) in subsection (c)(1)(A), by inserting after ``forensic DNA analyses'' the following: ``; and qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; (7) in subsection (c)(1)(B), by inserting after ``forensic DNA analyses'' the following: ``; and for qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; (8) in subsection (c)(1)(C), by inserting after ``forensic DNA analyses'' the following: ``; and qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; and (9) in subsection (c)(2), by inserting after ``routine evidence'' the following: ``; and for qualified agencies the term `blind external proficiency test' means a test that is presented to qualified agencies through a second agency and appears to the operator to involve routine DNA samples for sample-to-answer DNA analysis systems.''. SEC. 4. QUALIFYING AGENCIES. Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended-- (1) in subsection (b)(2), by inserting after ``laboratories'' the following: ``or qualified agencies''; (2) in subsection (b)(2)(A), by striking ``; and'' at the end and inserting a semicolon; and (3) in subsection (b)(2), by inserting the following new subparagraph: ``(C) are a qualifying agency engaged in the intake, processing, booking, detention, or incarceration of individuals charged or convicted of qualifying offenses and the analysis of DNA samples is conducted on a sample-to-answer DNA analysis system; and''. SEC. 5. DISTRICT OF COLUMBIA DNA ANALYSIS. Section ____ of the DNA Identification Act of 1994 (42 U.S.C. 14135b) is amended in subsection (b), by inserting after ``the DNA shall be analyzed'' the following: ``on a sample-to-answer DNA analysis system''.", "summary": "Rapid DNA Act of 2014 - Amends the DNA Identification Act of 1994 to require: the advisory board on DNA quality assurance methods appointed by the Director of the Federal Bureau of Investigation (FBI) to include members from federal, state, and local law enforcement agencies; such board to develop, and the Director to issue, standards for testing the proficiency of qualified agencies (i.e., booking stations, jails, prisons, detention centers, other law enforcement organizations and facilities outside of forensic laboratories) and operators in conducting analyses of DNA samples using sample-to-answer DNA analysis systems (i.e., fully automated systems that prepare and analyze DNA samples with no operator intervention); the National Institute of Justice to certify that the blind external proficiency testing program for DNA analyses has been established and made available to such qualified agencies or is not feasible; and the Index to facilitate law enforcement exchange of DNA identification information to include information on DNA identification records and DNA analyses prepared by such qualified agencies that are engaged in the intake, processing, booking, detention, or incarceration of individuals charged or convicted of qualifying offenses and that conduct the analysis of DNA samples on a sample-to-answer DNA analysis system."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Nutrition Protection Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) In recent years, there has been a substantial number of instances of price-fixing, bid-rigging, and other fraudulent activity regarding foods purchased for-- (A) the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.); and (B) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (2) In 1986, President Reagan issued Executive Order 12549 which was intended to curb fraud, waste, and abuse in Federal programs, increase accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs. (3) During the past several years, the Antitrust Division of the Department of Justice has filed over 95 criminal cases against companies and individuals accused of bid-rigging conspiracies, false statements, mail fraud, price-fixing, and similar activities involving dairy products sold to schools or to the Department of Defense. (4) Over 30 grand juries in several States are investigating similar activities. (5) 45 corporations and 48 individuals have been convicted by Federal courts of similar activities, and total fines and civil damages of approximately $100,000,000 have been assessed in Federal and State court actions for similar activities. (6) Although several companies have violated the regulations of food and nutrition programs of the Department of Agriculture, such companies continue to participate in such programs and monetarily benefit from such programs. (7) A report of the Comptroller General of the United States noted that, as of March 1992, the Secretary of Agriculture had neither suspended nor debarred any of the 13 dairy companies or 28 individuals convicted of milk contract bid-rigging from participating in the school lunch and school breakfast programs. (8) Effective educational and monitoring programs can greatly reduce the incidence of fraud, price-fixing, and bid- rigging by companies that sell food products to schools. (9) Reducing the incidence of fraud, price-fixing, and bid- rigging in connection with the school lunch and school breakfast programs could save school districts, parents, and taxpayers millions of dollars per year. (10) The Comptroller General of the United States has noted that bid-rigging awareness training is an effective means of deterring improper collusion and bid-rigging. (11) The Comptroller General of the United States in a General Accounting Office report addressed many of the concerns described in this section with respect to bid-rigging in the school lunch program. SEC. 3. DUTIES OF THE SECRETARY OF AGRICULTURE RELATING TO NONPROCUREMENT DEBARMENT UNDER CERTAIN CHILD NUTRITION PROGRAMS. (a) In General.--The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by adding at the end the following new section: ``SEC. 25. DUTIES OF THE SECRETARY RELATING TO NONPROCUREMENT DEBARMENT. ``(a) Definitions.--For purposes of this section, the following definitions apply: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. ``(2) Child nutrition program.--The term `child nutrition program' means-- ``(A) the school lunch program established under this Act; ``(B) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); ``(C) the special milk program established under section 3 of such Act (42 U.S.C. 1772); ``(D) the special nutrition program for women, infants, and children authorized under section 17 of such Act (42 U.S.C. 1786); ``(E) the summer food service program for children established under section 13 of this Act; and ``(F) the child and adult care food program established under section 17 of this Act. ``(3) Contractor.--The term `contractor' means a person that contracts with a State, an agency of a State, or a local agency to provide goods or services in conjunction with the participation of a local agency in a child nutrition program. ``(4) Local agency.--The term `local agency' means a school, school food authority, child care center, sponsoring organization, or other entity authorized to operate a child nutrition program at the local level. ``(5) Nonprocurement debarment.--The term `nonprocurement debarment' means an action to bar a person from programs and activities involving Federal financial and nonfinancial assistance, but not including Federal procurement programs and activities. ``(6) Person.--The term `person' means any individual, corporation, partnership, association, or other legal entity, however organized. ``(b) Assistance to Identify and Prevent Fraud and Anticompetitive Activities.--The Secretary shall-- ``(1) through the food service management institute authorized under section 21, provide advice, training, technical assistance, and guidance (which may include awareness training, training films, and troubleshooting advice) to representatives of States and local agencies regarding means of identifying and preventing fraud and anticompetitive activities relating to the provision of goods or services in conjunction with the participation of a local agency in a child nutrition program; and ``(2) provide information to, and fully cooperate with, the Attorney General and State attorneys general regarding investigations of fraud and anticompetitive activities relating to the provision of goods or services in conjunction with the participation of a local agency in a child nutrition program. ``(c) Nonprocurement Debarment.-- ``(1) In general.--Except as provided in paragraph (3), not later than 180 days after notification of the occurrence of a cause for debarment described in paragraph (2), the Secretary shall initiate nonprocurement debarment proceedings against the contractor who has committed the cause for debarment. ``(2) Causes for debarment.--Actions requiring initiation of nonprocurement debarment pursuant to paragraph (1) shall include the following: ``(A) A contractor commits an action or series of actions which constitute a substantial and material violation of a regulation of a child nutrition program of the Department of Agriculture, as determined by the Secretary. ``(B) A contractor is found guilty in any criminal, civil, or administrative proceeding, or found liable in any civil or administrative proceeding, in connection with the supplying, providing, or selling of a product or commodity to any local agency or to any Federal agency in connection with the child nutrition programs, of-- ``(i) an anticompetitive activity, including bid-rigging, price-fixing, the allocation of customers between competitors, or other violation of Federal or State antitrust laws; ``(ii) fraud, bribery, theft, forgery or embezzlement; ``(iii) breach of contract; ``(iv) making a false claim or statement; or ``(v) other obstruction of justice. ``(3) Exception.--If the Secretary determines that a decision on initiating nonprocurement debarment proceedings cannot be made within 180 days after notification of the occurrence of a cause for debarment described in paragraph (2) because of the need to further investigate matters relating to the possible debarment, the Secretary may have such additional time as the Secretary considers necessary to make a decision, but not to exceed an additional 180 days. ``(4) Mandatory child nutrition program debarment periods.-- ``(A) In general.--Subject to the other provisions of this paragraph and notwithstanding any other provision of law except subsection (d), if, after deciding to initiate nonprocurement debarment proceedings pursuant to paragraph (1), the Secretary decides to debar a contractor, the debarment shall be for a period of not less than 3 years. ``(B) Previous debarment.--If the contractor has been previously debarred pursuant to nonprocurement debarment proceedings initiated pursuant to paragraph (1), and the cause for debarment is described in paragraph (2) based on activities that occurred subsequent to the initial debarment, the debarment shall be for a period of not less than 5 years. ``(C) Scope.--At a minimum, a debarment under this subsection shall serve to bar the contractor for the specified period from contracting to provide goods or services in conjunction with the participation of a local agency in a child nutrition program. ``(D) Reversal, reduction, or exception.--Nothing in this paragraph shall restrict the ability of the Secretary to reverse a debarment decision, to reduce the period or scope of a debarment, nor to grant an exception permitting a debarred contractor to participate in a particular contract to provide goods or services in conjunction with the participation of a local agency in a child nutrition program, if the Secretary determines there is good cause for the action. ``(5) Information.--On request, the Secretary shall present to the appropriate congressional committees information regarding the decisions required by this subsection. ``(6) Relationship to other authorities.--A debarment imposed under this section shall not reduce or diminish the authority of a Federal, State, or local government agency or court to penalize, imprison, fine, suspend, debar, or take other adverse action against a person in a civil, criminal, or administrative proceeding. ``(7) Regulations.--The Secretary shall issue such regulations as are necessary to carry out this subsection. ``(d) Mandatory Debarment.--Notwithstanding any other provision of this section, the Secretary shall initiate nonprocurement debarment proceedings against the contractor (including any cooperative) who has committed the cause for debarment (as determined under section (c)(2)), unless the action-- ``(1) is likely to have a significant adverse effect on competition or prices in the relevant market or nationally; ``(2) will interfere with the ability of a local agency to procure a needed product for a child nutrition program; ``(3) is unfair to a person, subsidiary corporation, affiliate, parent company, or local division of a corporation that is not involved in the improper activity that would otherwise result in the debarment; or ``(4) is not in the public interest, as determined by the Secretary. ``(e) Exhaustion of Administrative Remedies.--Prior to seeking judicial review in a court of competent jurisdiction, a contractor against whom a nonprocurement debarment proceeding has been initiated shall-- ``(1) exhaust all administrative procedures prescribed by the Secretary; and ``(2) receive notice of the final determination of the Secretary. ``(f) Information Relating to Prevention and Control of Anticompetitive Activities.--On request, the Secretary shall present to the appropriate congressional committees information regarding the activities of the Secretary relating to anticompetitive activities, fraud, nonprocurement debarment, and any waiver granted by the Secretary under this section.''. (b) Applicability.--Section 25(c) of the National School Lunch Act (as added by subsection (a)) shall not apply to a cause for debarment as described in section 25(c)(2) of such Act that is based on an activity that took place prior to the date of enactment of this Act. SEC. 4. REPORT ON CONSISTENT DEBARMENT POLICY. Not later than 120 days after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the Director of the Office of Management and Budget, the Secretary of Defense, and such other officials as the Secretary of Agriculture determines are appropriate, shall advise the appropriate committees of the Congress and the Comptroller General of the United States as to the appropriateness and usefulness of a consistent debarment policy under-- (1) the Federal acquisition regulations issued under title 48, Code of Federal Regulations; and (2) Federal nonprocurement regulations. SEC. 5. NO REDUCTION IN AUTHORITY TO DEBAR OR SUSPEND A PERSON FROM FEDERAL FINANCIAL AND NONFINANCIAL ASSISTANCE AND BENEFITS. (a) In General.--The authority of the Secretary of Agriculture that exists on the date of enactment of this Act to debar or suspend a person from Federal financial and nonfinancial assistance and benefits under Federal programs and activities, on a government-wide basis, shall not be diminished or reduced by this Act or the amendment made by section 3 of this Act. (b) Debarment or Suspension.--The Secretary may continue, after the date of enactment of this Act, to debar or suspend a person on a government-wide basis, from Federal financial and nonfinancial assistance and benefits for any cause for debarment or suspension that is specified in part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations, or as otherwise permitted by law, including regulations.", "summary": "Child Nutrition Protection Act of 1994 - Amends the National School Lunch Act to direct the Secretary of Agriculture (Secretary) to provide State and local agencies with training and other assistance to prevent fraud and anticompetitive activities in the school lunch, school breakfast, special milk, summer food service, WIC, and child and adult care food programs. Directs the Secretary to bar a company for at least three years (five years for a repeat conviction) from program participation upon conviction for anticompetitive or specified related activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Mountain Front Heritage Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Conservation management area.--The term ``Conservation Management Area'' means the Rocky Mountain Front Conservation Management Area established by section 3(a)(1). (2) Decommission.--The term ``decommission'' means-- (A) to reestablish vegetation on a road; and (B) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism. (3) District.--The term ``district'' means the Rocky Mountain Ranger District of the Lewis and Clark National Forest. (4) Map.--The term ``map'' means the map entitled ``Rocky Mountain Front Heritage Act'' and dated October 27, 2011. (5) Nonmotorized recreation trail.--The term ``nonmotorized recreation trail'' means a trail designed for hiking, bicycling, or equestrian use. (6) Secretary.--The term ``Secretary'' means-- (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (7) State.--The term ``State'' means the State of Montana. SEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MANAGEMENT AREA. (a) Establishment.-- (1) In general.--There is established the Rocky Mountain Front Conservation Management Area in the State. (2) Area included.--The Conservation Management Area shall consist of approximately 195,073 acres of Federal land managed by the Forest Service and 13,087 acres of Federal land managed by the Bureau of Land Management in the State, as generally depicted on the map. (3) Incorporation of acquired land and interests.--Any land or interest in land that is located in the Conservation Management Area and is acquired by the United States from a willing seller shall-- (A) become part of the Conservation Management Area; and (B) be managed in accordance with-- (i) in the case of land managed by the Forest Service-- (I) the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (16 U.S.C. 552 et seq.); and (II) any laws (including regulations) applicable to the National Forest System; (ii) in the case of land managed, by the Bureau of Land Management, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (iii) this section; and (iv) any other applicable law (including regulations). (b) Purposes.--The purposes of the Conservation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Conservation Management Area. (c) Management.-- (1) In general.--The Secretary shall manage the Conservation Management Area-- (A) in a manner that conserves, protects, and enhances the resources of the Conservation Management Area; and (B) in accordance with-- (i) the laws (including regulations) and rules applicable to the National Forest System for land managed by the Forest Service; (ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for land managed by the Bureau of Land Management; (iii) this section; and (iv) any other applicable law (including regulations). (2) Uses.-- (A) In general.--The Secretary shall only allow such uses of the Conservation Management Area that the Secretary determines would further the purposes described in subsection (b). (B) Motorized vehicles.-- (i) In general.--The use of motorized vehicles in the Conservation Management Area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of the date of enactment of this Act. (ii) New or temporary roads.--Except as provided in clause (iii), no new or temporary roads shall be constructed within the Conservation Management Area. (iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from-- (I) rerouting or closing an existing road or trail to protect natural resources from degradation, as determined to be appropriate by the Secretary; (II) constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project in any portion of the Conservation Management Area located not more than \\1/4\\ mile from the Teton Road, South Teton Road, Sun River Road, Beaver Willow Road, or Benchmark Road; (III) authorizing the use of motorized vehicles for administrative purposes (including noxious weed eradication or grazing management); or (IV) responding to an emergency. (iv) Decommissioning of temporary roads.-- The Secretary shall decommission any temporary road constructed under clause (iii)(II) not later than 3 years after the date on which the applicable vegetation management project is completed. (C) Grazing.--The Secretary shall permit grazing within the Conservation Management Area, if established on the date of enactment of this Act-- (i) subject to-- (I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (II) all applicable laws; and (ii) in a manner consistent with-- (I) the purposes described in subsection (b); and (II) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (D) Vegetation management.--Nothing in this Act prevents the Secretary from conducting vegetation management projects within the Conservation Management Area-- (i) subject to-- (I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (II) all applicable laws (including regulations); and (ii) in a manner consistent with the purposes described in subsection (b). SEC. 4. DESIGNATION OF WILDERNESS ADDITIONS. (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the State is designated as wilderness and as additions to existing components of the National Wilderness Preservation System: (1) Bob marshall wilderness.--Certain land in the Lewis and Clark National Forest, comprising approximately 50,401 acres, as generally depicted on the map, which shall be added to and administered as part of the Bob Marshall Wilderness designated under section 3 of the Wilderness Act (16 U.S.C. 1132). (2) Scapegoat wilderness.--Certain land in the Lewis and Clark National Forest, comprising approximately 16,711 acres, as generally depicted on the map, which shall be added to and administered as part of the Scapegoat Wilderness designated by the first section of Public Law 92-395 (16 U.S.C. 1132 note). (b) Management of Wilderness Additions.--Subject to valid existing rights, the land designated as wilderness additions by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be deemed to be a reference to the date of the enactment of this Act. (c) Livestock.--The grazing of livestock and the maintenance of existing facilities relating to grazing in the wilderness additions designated by this section, if established before the date of enactment of this Act, shall be permitted to continue in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (d) Wildfire, Insect, and Disease Management.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness additions designated by this section, the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or local agency. (e) Adjacent Management.-- (1) In general.--The designation of a wilderness addition by this section shall not create any protective perimeter or buffer zone around the wilderness area. (2) Nonwilderness activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness addition designated by this section shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. SEC. 5. MAPS AND LEGAL DESCRIPTIONS. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Conservation Management Area and the wilderness additions designated by sections 3 and 4, respectively. (b) Force of Law.--The maps and legal descriptions prepared under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal descriptions. (c) Public Availability.--The maps and legal descriptions prepared under subsection (a) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. SEC. 6. NOXIOUS WEED MANAGEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall prepare a comprehensive management strategy for preventing, controlling, and eradicating noxious weeds in the district. (b) Contents.--The management strategy shall-- (1) include recommendations to protect wildlife, forage, and other natural resources in the district from noxious weeds; (2) identify opportunities to coordinate noxious weed prevention, control, and eradication efforts in the district with State and local agencies, Indian tribes, nonprofit organizations, and others; (3) identify existing resources for preventing, controlling, and eradicating noxious weeds in the district; (4) identify additional resources that are appropriate to effectively prevent, control, or eradicate noxious weeds in the district; and (5) identify opportunities to coordinate with county weed districts in Glacier, Pondera, Teton, and Lewis and Clark Counties in the State to apply for grants and enter into agreements for noxious weed control and eradication projects under the Noxious Weed Control and Eradication Act of 2004 (7 U.S.C. 7781 et seq.). (c) Consultation.--In developing the management strategy required under subsection (a), the Secretary shall consult with-- (1) the Secretary of the Interior; (2) appropriate State, tribal, and local governmental entities; and (3) members of the public. SEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES. Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the district. SEC. 8. MANAGEMENT OF FISH AND WILDLIFE; HUNTING AND FISHING. Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife management (including the regulation of hunting and fishing) on public land in the State. SEC. 9. OVERFLIGHTS. (a) Jurisdiction of the Federal Aviation Administration.--Nothing in this Act affects the jurisdiction of the Federal Aviation Administration with respect to the airspace above the wilderness or the Conservation Management Area. (b) Benchmark Airstrip.--Nothing in this Act affects the continued use, maintenance, and repair of the Benchmark (3U7) airstrip. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.", "summary": ". Rocky Mountain Front Heritage Act of 2013 - (Sec. 3) Establishes the Rocky Mountain Front Conservation Management Area in Montana consisting of approximately 195,073 acres of federal land managed by Forest Service and 13,087 acres of federal land managed by the Bureau of Land Management (BLM). Permits the Secretary of Agriculture with respect to Forest Service land or the Secretary of the Interior with respect to BLM land (the Secretary concerned) to only allow uses of the Conservation Management Area that would conserve, protect, and enhance the benefit and enjoyment of present and future generations of the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Area. Sets forth provisions for the management of the Conservation Management Area regarding motorized vehicles and vegetation management projects. Allows the Secretary concerned to permit grazing within the Conservation Management Area if it was established before enactment of this Act. (Sec. 4) Designates specified land within the Lewis and Clark National Forest in Montana as wilderness. Adds the land to the National Wilderness Preservation System. Permits livestock grazing and the maintenance of existing grazing facilities to continue if it was established before enactment of this Act. Authorizes the Secretary concerned to take necessary measures to control fires, insects, and diseases. (Sec. 6) Directs the Department of Agriculture (USDA) to prepare a comprehensive management strategy for the prevention, control, and eradication of noxious weeds in the Rocky Mountain Ranger District of the Lewis and Clark National Forest. (Sec. 7) Authorizes USDA to conduct a study for improving nonmotorized recreation trail opportunities, including mountain bicycling, on land within the District that is not designated as wilderness. (Sec. 8) States that nothing in this Act affects Montana's jurisdiction over fish and wildlife management, including the regulation of hunting and fishing. (Sec. 9) States that nothing in this Act affects the jurisdiction of the Federal Aviation Administration (FAA) respecting the airspace above the wilderness or the Conservation Management Area nor the continued use, maintenance, and repair of the Benchmark (3U7) airstrip."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``New Economy Workforce Act''. SEC. 2. EDUCATIONAL PRIORITY FOR CERTAIN FAMILY-SPONSORED IMMIGRANTS. Section 203(e)(1) of the Immigration and Nationality Act (8 U.S.C. 1153(e)(1)) is amended-- (1) by striking ``(1) Immigrant visas'' and inserting ``(1)(A) Subject to the succeeding provisions of this paragraph, immigrant visas''; and (2) by adding at the end the following: ``(B)(i) An immigrant visa may be made available under paragraph (1), (2)(B), (3), or (4) of subsection (a) to an alien who-- ``(I) does not have a bachelor's degree (or higher degree) only if there is no qualified individual to whom such a visa may be made available under the respective paragraph who has such a degree; or ``(II) is not a high school graduate only if there is no qualified individual to whom such a visa may be made available under the respective paragraph who has a bachelor's degree (or higher degree) or who is a high school graduate. ``(ii) For purposes of clause (i)-- ``(I) the term `bachelor's degree' includes a foreign degree that is a recognized foreign equivalent of a bachelor's degree; and ``(II) the term `high school graduate' means an individual who has successfully completed either a 12-year course of elementary and secondary school study in the United States or a formal course of elementary and secondary school study abroad equivalent to a 12-year course of elementary and secondary school study in the United States. ``(iii) The determination of educational status under clause (i) shall be made using the most recent evidence with respect to educational credentials proffered by the alien.''. SEC. 3. BACHELOR'S DEGREE REQUIREMENT FOR DIVERSITY IMMIGRANTS. Section 203(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) is amended to read as follows: ``(2) Requirement of education.-- ``(A) In general.--An alien is not eligible for a visa under this subsection unless the alien has a bachelor's degree (or higher degree). ``(B) Definition.--For purposes of subparagraph (A), the term `bachelor's degree' includes a foreign degree that is a recognized foreign equivalent of a bachelor's degree.''. SEC. 4. OBLIGATIONS OF SECRETARY OF STATE WITH RESPECT TO DETERMINATIONS OF FOREIGN DEGREE EQUIVALENCE AND VERIFICATION OF EDUCATIONAL CREDENTIALS. Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following: ``(h) Determinations With Respect to Foreign Degree Equivalence.-- For purposes of subsections (c)(2) and (e)(1)(B), in the case of an alien obtaining a foreign degree, or completing a foreign course of elementary and secondary school study, any determination with respect to the equivalence of that degree or course of study to a degree obtained, or a course of study completed, in the United States shall be made by the Secretary of State. In carrying out the preceding sentence, the Secretary of State shall verify the authenticity of any foreign educational credential proffered by an alien.''. SEC. 5. ADMINISTRATIVE OBLIGATIONS. (a) Allocation of Visas to Family-Sponsored Immigrants.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney General, shall promulgate regulations regarding the allocation of immigrant visas, made available under paragraphs (1), (2)(B), (3), and (4) of section 203(a) of the Immigration and Nationality Act, pursuant to the amendments made by this Act. (b) Determinations With Respect to Foreign Degrees.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney General and the Secretary of Education, shall promulgate regulations to carry out section 203(h) of the Immigration and Nationality Act (as added by section 4). (2) Imposition of fee.--Such regulations may permit the Secretary of State to charge and collect a processing and verification fee, to be set at a level that will ensure recovery of the full costs incurred in carrying out such section 203(h). (3) Use of fee.--There is established in the general fund of the Treasury a separate account, which shall be known as the ``Foreign Degree Equivalence Account''. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected pursuant to paragraph (2). Amounts deposited into the account shall remain available to the Secretary of State until expended to carry out section 203(h) of the Immigration and Nationality Act (as added by section 4). (c) Other Regulations.--Except as provided in subsections (a) and (b), not later than 90 days after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall promulgate regulations implementing the amendments made by this Act. (d) Forms.--Not later than 90 days after the date on which regulations are promulgated under subsections (a) through (c), the Attorney General and the Secretary of State shall each make available revised forms, as appropriate, that prominently include instructions regarding procedures for establishing an alien's level of educational attainment for purposes of the amendments made by this Act. Such forms shall include appropriate forms for supplementing prior submissions. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to immigrant visas made available under section 203(a) of the Immigration and Nationality Act on or after the date that is 180 days after the date of the enactment of this Act, and immigrant visas made available under section 203(c) of such Act on or after October 1, 2002, regardless of the date any classification petition under section 204 of such Act may have been filed.", "summary": "Requires diversity immigrants to have at least a bachelor's degree. Establishes and sets forth the Secretary of State's verification obligations respecting foreign degrees and educational credentials. Authorizes the Secretary to impose a related fee. Establishes the Foreign Degree Equivalence Account in the Treasury."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Protective Service Reform and Enhancement Act of 2010''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL PROTECTIVE SERVICE. (a) In General.--There is authorized to be appropriated to the Director of the Federal Protective Service $246,000,000 for fiscal year 2011 to carry out Federal Protective Service counterterrorism functions, including-- (1) law enforcement on federally controlled property; (2) incident investigations; (3) suspect capture and detention; (4) 24-hour security alarm monitoring; (5) nationwide dispatch services; (6) facility security assessments; and (7) terrorism prevention. (b) Sufficient Funding to Effectively Double the Size of the Federal Protective Service Inspector Force.--In addition to amounts authorized under subsection (a), the Federal Protective Service is authorized 1,200 full-time equivalent positions in the Federal Protective Service inspector force that monitor performance of security personal services procured by contract. SEC. 3. FEDERAL PROTECTIVE SERVICE AUTHORITY TO CARRY OUT BASIC SECURITY FUNCTIONS. (a) In General.--Section 1315(a) of title 40, United States Code, is amended by-- (1) striking ``(a) In General.--'' and inserting the following: ``(a) In General.-- ``(1) Protection of federal property.--''; and (2) by adding at the end the following new paragraph: ``(2) Authority over gsa properties.--The Secretary, acting through the Federal Protective Service, shall have the lead authority in the executive branch to carry out counterterrorism functions on Federal property managed by the General Services Administration (including property leased by the General Services Administration), including-- ``(A) law enforcement on federally controlled property; ``(B) incident investigations; ``(C) suspect capture and detention; ``(D) 24-hour security alarm monitoring; ``(E) nationwide dispatch services; ``(F) facility security assessments; and ``(G) terrorism prevention. ``(3) Agreements with other law enforcement authorities.-- Nothing in this subsection shall preempt the Federal Protective Service from entering into agreements with other Federal, State, or local law enforcement authorities to provide security or respond to incidents on property that is under the jurisdiction and control of the Administrator of General Services.''. (b) Conforming Amendments.-- (1) Section 1315(g) of title 40, United States Code, is amended by striking ``Nothing'' and inserting ``Subject to subsection (a)(2), nothing''. (2) Section 1706(b)(2) of the Homeland Security Act of 2002 (40 U.S.C. 1315 note) is amended by striking ``The Secretary'' and inserting ``Subject to subsection (a)(2), the Secretary''. SEC. 4. STRATEGIC PLAN REQUIREMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to Congress a 5-year budget outlook and strategic plan for the Federal Protective Service that includes the following: (1) Estimates of staffing and associated costs the Federal Protective Service requires in order to provide basic security functions. (2) Estimates of staffing and associated costs the Federal Protective Service requires in order to assess the need for and, as appropriate, provide building specific security countermeasures. (3) Estimates of staffing and associated cost the Federal Protective Service requires for reimbursable agency-specific security work authorization functions. (4) Reviews of the performance of contractor-provided security guards that assesses both quality and cost of individual private contract guard companies performing Federal Protective Service guard functions under contract. (b) Updates.--The Secretary shall include an annual update of such plan with the President's annual budget submission to the Congress. SEC. 5. FACILITY SECURITY RISK ASSESSMENTS. (a) In General.--The Secretary of Homeland Security, acting through the Director of Federal Protective Service, shall-- (1) conduct facility security assessments in consultation with the facility security committee established for a facility; (2) prepare a report on each assessment, including recommendations of countermeasures against a terrorist attack to ensure the security of the facility concerned; and (3) give the facility security committee established for such a facility a 60-day period to review and comment on each report. (b) Selection of Recommendations for Implementation.-- (1) Selection by gsa.--Upon the completion of the period for review and comment under subsection (a)(3)-- (A) the Director shall submit the assessment report to the Administrator of General Services; and (B) the Administrator may select for implementation any of the recommendations of countermeasures in the report for implementation. (2) Notification of nonselection.--If the Administrator determines that any of the recommendations of countermeasures in a report submitted under paragraph (1) should not be implemented for a facility, the Administrator shall notify the head of each Federal agency in the facility and the facility security committee for the facility that the recommendation will not be implemented, including the reasons why. (3) Selection by facility security committee.--If a facility security committee receives notice under paragraph (2) regarding any recommendations, it may select any of the recommendations for implementation. (c) Reimbursement.--If any of the recommendations in a report submitted under subsection (a) is selected by the Administrator or a facility security committee under subsection (c) for implementation-- (1) the Director shall implement the recommendation; (2) the Administrator shall allocate to the Federal agencies in that facility the costs incurred by the Federal Protective Service for such implementation; and (3) each such agency shall reimburse the Federal Protective Service for the costs allocated to the agency by the Administrator. (d) Annual Report.--The Director shall submit an annual report to Congress on the disposition of recommendations included in reports under this section that the Administrator did not select for implementation. (e) Facility Security Committee Defined.--In this section the term ``facility security committee'' means a facilities facility security committee established pursuant to the report entitled ``Vulnerability Assessment of Federal Facilities'', issued by the Interagency Security Committee established by Executive Order 12977. SEC. 6. CONTRACT GUARD STAFF. (a) Minimum Standards for Training and Annual Recertification.--The Secretary of Homeland Security shall develop minimum standards for training and annual recertification for the Federal Protective Service's contract guards including-- (1) minimum fitness standards; (2) annual recertification on access control policies and control equipment, including x-ray and magnetometer training; (3) training in arrest and control procedures; (4) training in operation of emergency equipment; (5) basic first aid and CPR training and certification; (6) weapons training, as applicable; and (7) behavior detection training. (b) Pilot Program.-- (1) In general.--Within 1 year after the date of enactment of this Act, the Director shall establish a 3-year pilot program in not less than 3 level IV facilities to test and evaluate-- (A) to what extent efficiencies exist in having a federalized guard staff; and (B) to what extent such a federalized guard staff provides a measurable improvement in facility or personnel security. (2) Report.--Not later than 120 days before the commencement of the program, the Director shall report to Congress regarding what performance metrics will be considered in measuring improvement in efficiencies and security provided by such a federalized guard staff. (3) Monitoring by gao.--The Comptroller General of the United States-- (A) shall monitor and review the conduct of the pilot program; and (B) shall submit to Congress and the Secretary of Homeland Security an interim report 6 months after the commencement of the pilot program, and a final report within 120 days after the conclusion of the pilot program, that each addresses whether-- (i) the Secretary has established sufficient mechanisms to determine whether the pilot program provides efficiencies in protecting Federal facilities; (ii) the pilot program consists of an adequate sample of level IV facilities; and (iii) there are cost savings and security enhancements realized by having a federalized guard force. SEC. 7. SITE INSPECTIONS. (a) Right of Entry.--For purposes of carrying out this Act, the Secretary of Homeland Security shall have, on presentation of credentials, a right of entry to, on, or through any property for which security is provided by the Federal Protective Service. (b) Inspections and Verifications.-- (1) In general.--The Secretary shall, at such time and place as the Secretary determines to be reasonable and appropriate, conduct security inspections and verifications for property for which security is provided by the Federal Protective Service. (2) Unannounced inspections.--In addition to any inspection conducted pursuant to paragraph (1), the Secretary shall require such properties to undergo unannounced security inspections. The inspections required under this paragraph shall be-- (A) conducted without prior notice to the facility; (B) designed to evaluate undergoing inspection-- (i) the ability of the Federal Protective Service security and contract guards to prevent an incident that applicable security performance standards are intended to prevent; (ii) the ability of the Federal Protective Service security and contract guards to protect against terrorist threats that are required to be addressed by applicable performance standards; and (iii) any weaknesses in the security plan of the facility; (C) conducted so as not to affect the actual security, physical integrity, or safety of the property or its employees while the inspection is conducted; and (D) conducted at least-- (i) every year in the case of a level IV facility; (ii) every 2 years in the case of a level III facility; (iii) every 3 years in the case of a level II facility; and (iv) every four years in the case of a level I facility. (c) Report.--The Secretary shall report annually with the President's budget submission to Congress on covert testing strategy and results of unannounced inspections under this section. SEC. 8. PROMOTION OF FEDERAL PROTECTIVE SERVICE TECHNOLOGY AND TRAINING. (a) In General.--Within 6 months of the date of enactment of this Act, the Director of the Federal Protective Service, in consultation with the Assistant Secretary, Transportation Security Administration, shall publish-- (1) a list of qualified vendors and a list of qualified products that would promote common standards of deployment of personnel and technology; (2) standards for training personnel, among all Federal Protective Service protected properties; and (3) best practices for utilizing items on the qualified products list so they are utilized in the most effective manner, including a process to best utilize existing products currently deployed. (b) Requirement To Use Lists.-- (1) In general.--Following the publication of the qualified vendors list and the qualified products list under subsection (a), the Federal Protective Service may not enter into any contractual arrangement for services or products covered by such lists-- (A) with any person that is not included on the qualified vendors list; (B) for procurement of any product that is not included on the qualified products list; or (C) under which a subcontract may be awarded to a person that is not included on the qualified vendors list. (2) Limitation on application.-- (A) In general.--Paragraph (1) shall not apply to any contract the Director of the Federal Protective Service determines to be necessary to carry out the security missions of the Federal Protective Service. (B) Notification to congress.--The Director shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate in writing within 30 days after entering any contract under this paragraph, setting forth the determination under subparagraph (A) and the basis for that determination. (c) Cooperative Agreement.--Within 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall require the Assistant Secretary, Transportation Security Administration, the Under Secretary for Science and Technology, and the Under Secretary for National Protection and Programs to enter into a memorandum of understanding, or similar cooperative agreement, pursuant to which the Transportation Security Laboratory will provide the Federal Protective Service with expertise, consultation, exchange of information, and testing for technology covered by the qualified vendors list and the qualified products list required by this section. SEC. 9. PROHIBITED ITEMS LIST. (a) In General.--Not later than the end of the 180-day period beginning on the date of enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary of the National Programs and Protection Directorate and in consultation with Administrator of General Services, shall issue and implement a list of items, including component parts, that are prohibited from being brought into facilities protected by Federal Protective Service, unless specifically authorized on a case-by-case basis by the Secretary or the Secretary's designee. (b) Additional Items.--Nothing in this section prohibits a facility security committee from prohibiting items that are not included on such list from being brought into the facility of that committee. (c) Failure To Issue List.--If the Secretary of Homeland Security fails to implement a prohibited items list in accordance with subsection (a), then the prohibited items list established by the Transportation Security Administration for civilian aviation shall apply for facilities protected by Federal Protective Service-- (1) effective upon expiration of the period referred to in subsection (a); and (2) until such time as the Secretary, acting through the Under Secretary of the National Programs and Protection Directorate, issues a prohibited items list described in subsection (a). (d) Facility Security Committee Defined.--In this section the term ``facility security committee'' means a facility security committee established pursuant to the report entitled ``Vulnerability Assessment of Federal Facilities'', issued by the Interagency Security Committee established by Executive Order 12977. SEC. 10. REPORT REQUIREMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress the following: (1) A strategy for more effectively managing the contract guard program of the Federal Protective Service that ensures there is adequate oversight and monitoring of training for such program. (2) A status report on the implementation of the RAMP program, including an estimated date by which it will be fully operational. (3) Estimates of the additional manpower, resources, and funding the Federal Protective Service would need in order to provide security for high-profile terror trials in multiple or varying locations. (4) A status report on the implementation of the CADIS program, including an estimated date by which it will be fully operational. (5) A coordinated strategy for cooperation between the Under Secretary of National Programs and Protection and the Under Secretary for Science and Technology regarding research, development, and deployment of security technology conducted by the Transportation Security Laboratory. (b) Definitions.--In this section: (1) CADIS program.--The term ``CADIS program'' means the Computer Aided Dispatch Information System of the Federal Protective Service. (2) RAMP program.--The term ``RAMP program'' means the Risk Assessment and Management Program of the Federal Protective Service.", "summary": "Federal Protective Service Reform and Enhancement Act of 2010 - Authorizes: (1) appropriations to the Director of the Federal Protective Service (FPS) for FY2011 to carry out counterterrorism functions; and (2) 1,200 full-time equivalent positions in the inspector force that monitor performance of security personal services procured by contract. Grants the Secretary of the Department of Homeland Security (DHS), acting through FPS, lead authority in the executive branch to carry out counterterrorism functions on federal property managed by the General Services Administration (GSA). Requires the Secretary to submit to Congress a five-year budget outlook and strategic plan for FPS. Requires annual updates. Directs the Secretary, through the Director, to: (1) conduct facility security assessments; (2) prepare a report on each assessment; and (3) give the facility security committee established for such a facility a 60-day period to review and comment on each report. Provides for the selection by GSA of recommendations for implementation. Requires: (1) the Secretary to develop minimum standards for training and annual recertification for FPS's contract guards; (2) the Director to establish a three-year pilot program in not less than three level IV facilities to test and evaluate to what extent efficiencies exist in having a federalized guard staff and to what extent such a staff provides a measurable improvement in security; and (3) the Comptroller General to monitor and review the program. Grants the Secretary a right of entry to property for which security is provided by FPS for unannounced inspections. Requires the Secretary to conduct security inspections, including unannounced inspections, of such properties. Directs the Director to publish: (1) a list of qualified vendors and products that would promote common standards of deployment of personnel and technology; (2) standards for training personnel among all FPS protected properties; and (3) best practices for utilizing items on the qualified products list. Directs the Secretary to issue and implement a list of items that are prohibited from being brought into facilities protected by FPS unless specifically authorized on a case-by-case basis."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cosmetology Tax Fairness and Compliance Act of 2003''. SEC. 2. EXPANSION OF CREDIT FOR PORTION OF SOCIAL SECURITY TAXES PAID WITH RESPECT TO EMPLOYEE TIPS. (a) Expansion of Credit to Other Lines of Business.--Paragraph (2) of section 45B(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Application only to certain lines of business.--In applying paragraph (1), there shall be taken into account only tips received from customers or clients in connection with-- ``(A) the providing, delivering, or serving of food or beverages for consumption if the tipping of employees delivering or serving food or beverages by customers is customary, or ``(B) the providing of any cosmetology service for customers or clients at a facility licensed to provide such service if the tipping of employees providing such service is customary.'' (b) Definition of Cosmetology Service.--Section 45B of such Code is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Cosmetology Service.--For purposes of this section, the term `cosmetology service' means-- ``(1) hairdressing, ``(2) haircutting, ``(3) manicures and pedicures, ``(4) body waxing, facials, mud packs, wraps, and other similar skin treatments, and ``(5) any other beauty related service provided at a facility at which a majority of the services provided (as determined on the basis of gross revenue) are described in paragraphs (1) through (4).'' (c) Effective Date.--The amendments made by this section shall apply to tips received for services performed after December 31, 2003. SEC. 3. INFORMATION REPORTING AND TAXPAYER EDUCATION FOR PROVIDERS OF COSMETOLOGY SERVICES. (a) In General.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6050T the following new section: ``SEC. 6050U. RETURNS RELATING TO COSMETOLOGY SERVICES AND INFORMATION TO BE PROVIDED TO COSMETOLOGISTS. ``(a) In General.--Every person (referred to in this section as a `reporting person') who-- ``(1) employs 1 or more cosmetologists to provide any cosmetology service, ``(2) rents a chair to 1 or more cosmetologists to provide any cosmetology service on at least 5 calendar days during a calendar year, or ``(3) in connection with its trade or business or rental activity, otherwise receives compensation from, or pays compensation to, 1 or more cosmetologists for the right to provide cosmetology services to, or for cosmetology services provided to, third-party patrons, shall comply with the return requirements of subsection (b) and the taxpayer education requirements of subsection (c). ``(b) Return Requirements.--The return requirements of this subsection are met by a reporting person if the requirements of each of the following paragraphs applicable to such person are met. ``(1) Employees.--In the case of a reporting person who employs 1 or more cosmetologists to provide cosmetology services, the requirements of this paragraph are met if such person meets the requirements of sections 6051 (relating to receipts for employees) and 6053(b) (relating to tip reporting) with respect to each such employee. ``(2) Independent contractors.--In the case of a reporting person who pays compensation to 1 or more cosmetologists (other than as employees) for cosmetology services provided to third-party patrons, the requirements of this paragraph are met if such person meets the applicable requirements of section 6041 (relating to returns filed by persons making payments of $600 or more in the course of a trade or business), section 6041A (relating to returns to be filed by service-recipients who pay more than $600 in a calendar year for services from a service provider), and each other provision of this subpart that may be applicable to such compensation. ``(3) Chair renters.-- ``(A) In general.--In the case of a reporting person who receives rent or other fees or compensation from 1 or more cosmetologists for use of a chair or for rights to provide any cosmetology service at a salon or other similar facility for more than 5 days in a calendar year, the requirements of this paragraph are met if such person-- ``(i) makes a return, according to the forms or regulations prescribed by the Secretary, setting forth the name, address, and TIN of each such cosmetologist and the amount received from each such cosmetologist, and ``(ii) furnishes to each cosmetologist whose name is required to be set forth on such return a written statement showing-- ``(I) the name, address, and phone number of the information contact of the reporting person, ``(II) the amount received from such cosmetologist, and ``(III) a statement informing such cosmetologist that (as required by this section), the reporting person has advised the Internal Revenue Service that the cosmetologist provided cosmetology services during the calendar year to which the statement relates. ``(B) Method and time for providing statement.--The written statement required by clause (ii) of subparagraph (A) shall be furnished (either in person or by first-class mail which includes adequate notice that the statement or information is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under clause (i) of subparagraph (A) is to be made. ``(c) Taxpayer Education Requirements.--In the case of a reporting person who is required to provide a statement pursuant to subsection (b), the requirements of this subsection are met if such person provides to each such cosmetologist annually a publication, as designated by the Secretary, describing-- ``(1) in the case of an employee, the tax and tip reporting obligations of employees, and ``(2) in the case of a cosmetologist who is not an employee of the reporting person, the tax obligations of independent contractors or proprietorships. The publications shall be furnished either in person or by first-class mail which includes adequate notice that the publication is enclosed. ``(d) Definitions.--For purposes of this section-- ``(1) Cosmetologist.-- ``(A) In general.--The term `cosmetologist' means an individual who provides any cosmetology service. ``(B) Anti-avoidance rule.--The Secretary may by regulation or ruling expand the term `cosmetologist' to include any entity or arrangement if the Secretary determines that entities are being formed to circumvent the reporting requirements of this section. ``(2) Cosmetology service.--The term `cosmetology service' has the meaning given to such term by section 45B(c). ``(3) Chair.--The term `chair' includes a chair, booth, or other furniture or equipment from which an individual provides a cosmetology service (determined without regard to whether the cosmetologist is entitled to use a specific chair, booth, or other similar furniture or equipment or has an exclusive right to use any such chair, booth, or other similar furniture or equipment). ``(e) Exceptions for Certain Employees.--Subsection (c) shall not apply to a reporting person with respect to an employee who is employed in a capacity for which tipping (or sharing tips) is not customary.'' (b) Conforming Amendments.-- (1) Section 6724(d)(1)(B) of such Code (relating to the definition of information returns) is amended by redesignating clauses (xii) through (xviii) as clauses (xiii) through (xix), respectively and by inserting after clause (xi) the following new clause: ``(xii) section 6050U(a) (relating to returns by cosmetology service providers).'' (2) Section 6724(d)(2) of such Code is amended by striking ``or'' at the end of subparagraph (AA), by striking the period at the end of subparagraph (BB) and inserting ``, or'', and by inserting after subparagraph (BB) the following new subparagraph: ``(CC) subsections (b)(3)(A)(ii) and (c) of section 6050U (relating to cosmetology service providers) even if the recipient is not a payee.'' (3) The table of sections for subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding after section 6050T the following new item: ``Sec. 6050U Returns relating to cosmetology services and information to be provided to cosmetologists.'' (c) Effective Date.--The amendments made by this section shall apply to calendar years after 2003.", "summary": "Cosmetology Tax Fairness and Compliance Act of 2003 - Amends the Internal Revenue Code to extend the tax credit for social security taxes paid for employee cash tips to employers of cosmetologists. Requires employers of cosmetologists to report income and tips of their cosmetologist employees and to provide income and tip information to self-employed cosmetologists to whom they pay more than $600 in the taxable year. Imposes similar reporting requirements upon individuals who rent chairs to cosmetologists. Requires such employers to provide their cosmetologist employees and self-employed cosmetologists with information on the tax and tip reporting obligations of employees and self-employed individuals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Access to Emergency Defibrillation Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Over 220,000 Americans die each year from cardiac arrest. Every 2 minutes, an individual goes into cardiac arrest in the United States. (2) The chance of successfully returning to a normal heart rhythm diminishes by 10 percent each minute following sudden cardiac arrest. (3) Eighty percent of cardiac arrests are caused by ventricular fibrillation, for which defibrillation is the only effective treatment. (4) Sixty percent of all cardiac arrests occur outside the hospital. The average national survival rate for out-of- hospital cardiac arrest is only 5 percent. (5) Communities that have established and implemented public access defibrillation programs have achieved average survival rates for out-of-hospital cardiac arrest as high as 50 percent. (6) According to the American Heart Association, wide use of defibrillators could save as many as 50,000 lives nationally each year. (7) Successful public access defibrillation programs ensure that cardiac arrest victims have access to early 911 notification, early cardiopulmonary resuscitation, early defibrillation, and early advanced care. SEC. 3. PUBLIC ACCESS DEFIBRILLATION PROGRAMS AND PROJECTS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by Public Law 106-310, is amended by adding after section 311 the following: ``SEC. 312. PUBLIC ACCESS DEFIBRILLATION PROGRAMS. ``(a) In General.--The Secretary shall award grants to States, political subdivisions of States, Indian tribes, and tribal organizations to develop and implement public access defibrillation programs-- ``(1) by training and equipping local emergency medical services personnel, including firefighters, police officers, paramedics, emergency medical technicians, and other first responders, to administer immediate care, including cardiopulmonary resuscitation and automated external defibrillation, to cardiac arrest victims; ``(2) by purchasing automated external defibrillators, placing the defibrillators in public places where cardiac arrests are likely to occur, and training personnel in such places to administer cardiopulmonary resuscitation and automated external defibrillation to cardiac arrest victims; ``(3) by setting procedures for proper maintenance and testing of such devices, according to the guidelines of the manufacturers of the devices; ``(4) by providing training to members of the public in cardiopulmonary resuscitation and automated external defibrillation; ``(5) by integrating the emergency medical services system with the public access defibrillation programs so that emergency medical services personnel, including dispatchers, are informed about the location of automated external defibrillators in their community; and ``(6) by encouraging private companies, including small businesses, to purchase automated external defibrillators and provide training for their employees to administer cardiopulmonary resuscitation and external automated defibrillation to cardiac arrest victims in their community. ``(b) Preference.--In awarding grants under subsection (a), the Secretary shall give a preference to a State, political subdivision of a State, Indian tribe, or tribal organization that-- ``(1) has a particularly low local survival rate for cardiac arrests, or a particularly low local response rate for cardiac arrest victims; or ``(2) demonstrates in its application the greatest commitment to establishing and maintaining a public access defibrillation program. ``(c) Use of Funds.--A State, political subdivision of a State, Indian tribe, or tribal organization that receives a grant under subsection (a) may use funds received through such grant to-- ``(1) purchase automated external defibrillators that have been approved, or cleared for marketing, by the Food and Drug Administration; ``(2) provide automated external defibrillation and basic life support training in automated external defibrillator usage through nationally recognized courses; ``(3) provide information to community members about the public access defibrillation program to be funded with the grant; ``(4) provide information to the local emergency medical services system regarding the placement of automated external defibrillators in public places; ``(5) produce such materials as may be necessary to encourage private companies, including small businesses, to purchase automated external defibrillators; and ``(6) carry out other activities that the Secretary determines are necessary or useful to pursue the purposes of this section. ``(d) Application.-- ``(1) In general.--To be eligible to receive a grant under subsection (a), a State, political subdivision of a State, Indian tribe, or tribal organization shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(2) Contents.--An application submitted under paragraph (1) shall-- ``(A) describe the comprehensive public access defibrillation program to be funded with the grant and demonstrate how such program would make automated external defibrillation accessible and available to cardiac arrest victims in the community; ``(B) contain procedures for implementing appropriate nationally recognized training courses in performing cardiopulmonary resuscitation and the use of automated external defibrillators; ``(C) contain procedures for ensuring direct involvement of a licensed medical professional and coordination with the local emergency medical services system in the oversight of training and notification of incidents of the use of the automated external defibrillators; ``(D) contain procedures for proper maintenance and testing of the automated external defibrillators, according to the labeling of the manufacturer; ``(E) contain procedures for ensuring notification of local emergency medical services system personnel, including dispatchers, of the location and type of devices used in the public access defibrillation program; and ``(F) provide for the collection of data regarding the effectiveness of the public access defibrillation program to be funded with the grant in affecting the out-of-hospital cardiac arrest survival rate. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2002 through 2007. Not more than 10 percent of amounts received under a grant awarded under this section may be used for administrative expenses. ``SEC. 313. PUBLIC ACCESS DEFIBRILLATION DEMONSTRATION PROJECTS. ``(a) In General.--The Secretary shall award grants to political subdivisions of States, Indian tribes, and tribal organizations to develop and implement innovative, comprehensive, community-based public access defibrillation demonstration projects that-- ``(1) provide cardiopulmonary resuscitation and automated external defibrillation to cardiac arrest victims in unique settings; ``(2) provide training to community members in cardiopulmonary resuscitation and automated external defibrillation; and ``(3) maximize community access to automated external defibrillators. ``(b) Use of Funds.--A recipient of a grant under subsection (a) shall use the funds provided through the grant to-- ``(1) purchase automated external defibrillators that have been approved, or cleared for marketing, by the Food and Drug Administration; ``(2) provide basic life training in automated external defibrillator usage through nationally recognized courses; ``(3) provide information to community members about the public access defibrillation demonstration project to be funded with the grant; ``(4) provide information to the local emergency medical services system regarding the placement of automated external defibrillators in the unique settings; and ``(5) carry out other activities that the Secretary determines are necessary or useful to pursue the purposes of this section. ``(c) Application.-- ``(1) In general.--To be eligible to receive a grant under subsection (a), a political subdivision of a State, Indian tribe, or tribal organization shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(2) Contents.--An application submitted under paragraph (1) may-- ``(A) describe the innovative, comprehensive, community-based public access defibrillation demonstration project to be funded with the grant; ``(B) explain how such public access defibrillation demonstration project represents innovation in providing public access to automated external defibrillation; and ``(C) provide for the collection of data regarding the effectiveness of the demonstration project to be funded with the grant in-- ``(i) providing emergency cardiopulmonary resuscitation and automated external defibrillation to cardiac arrest victims in the setting served by the demonstration project; and ``(ii) affecting the cardiac arrest survival rate in the setting served by the demonstration project. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2002 through 2007. Not more than 10 percent of amounts received under a grant awarded under this section may be used for administrative expenses.''. ``SEC. 313A. GRANTS FOR ACCESS TO DEFIBRILLATION. ``(a) Program Authorized.--The Secretary of Health and Human Services shall award a grant to a health care organization to establish a national information clearinghouse that provides information to increase public access to defibrillation in schools. ``(b) Duties.--The health care organization that receives a grant under this section shall promote public access to defibrillation in schools by-- ``(1) providing timely information to entities regarding public access defibrillation program implementation and development; ``(2) developing and providing comprehensive program materials to establish a public access defibrillation program in schools; ``(3) providing support to CPR and AED training programs; ``(4) fostering new and existing community partnerships with and among public and private organizations (such as local educational agencies, nonprofit organizations, public health organizations, emergency medical service providers, fire and police departments, and parent-teacher associations) to promote public access to defibrillation in schools; ``(5) establishing a data base to gather information in a central location regarding sudden cardiac arrest in the pediatric population and identifying or conducting further research into the problem; and ``(6) providing assistance to communities that wish to develop screening programs for at risk youth. ``(c) Application.--A health care organization desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(d) Report.--Not later than 5 years after the date on which the health care organization receives a grant under this section, such organization shall submit to the Secretary of Health and Human Services a report that describes activities carried out with funds received under this section. Not later than 3 months after the date on which such report is received by the Secretary of Health and Human Services, the Secretary shall prepare and submit to the appropriate committees of Congress an evaluation that reviews such report and evaluates the success of such clearinghouse. ``(e) Authorization of Appropriations.--From funds authorized to be appropriated for fiscal years 2002 through 2006 for activities and programs under the Department of Health and Human Services, $800,000 of such funds may be appropriated to carry out the programs described in this section for each of the fiscal years 2002 through 2006.''.", "summary": "Community Access to Emergency Defibrillation Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to States, political subdivisions of States, Indian tribes, and tribal organizations to develop and implement public access defibrillation programs by: (1) training and equipping local emergency medical services personnel to administer immediate care, including cardiopulmonary resuscitation (CPR) and automated external defibrillation (AED), to cardiac arrest victims; (2) purchasing AEDs, placing the defibrillators in public places where cardiac arrests are likely to occur, and training personnel in such places to administer CPR and AED to such victims; (3) setting procedures for proper maintenance and testing of such devices; (4) providing training to members of the public in CPR and AED; (5) integrating the emergency medical services system with the public access defibrillation programs; and (6) encouraging private companies to purchase AEDs and provide training for their employees to administer CPR and AED to cardiac arrest victims in their community.Directs the Secretary to award grants to States, Indian tribes, and tribal organizations to develop and implement innovative, comprehensive, community-based public access defibrillation demonstration projects that: (1) provide CPR and AED to cardiac arrest victims in unique settings; (2) provide training to community members in CPR and AED; and (3) maximize community access to AEDs.Directs the Secretary to award a grant to a health care organization to establish a national information clearinghouse that provides information to increase public access to defibrillation in schools."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Manufactured Housing Act of 2013''. SEC. 2. MORTGAGE ORIGINATOR DEFINITION. (a) Amendment to Definition.--Section 1401 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, in paragraph (2)(C)(ii) of the matter proposed to be added to section 103 of the Truth in Lending Act, by striking ``an employee of a retailer of manufactured homes who is not described in clause (i) or (iii) of subparagraph (A) and who does not advise a consumer on loan terms (including rates, fees, and other costs)'' and inserting ``a retailer of manufactured or modular homes or its employees unless such retailer or its employees receive compensation or gain for engaging in activities described in subparagraph (A) that is in excess of any compensation or gain received in a comparable cash transaction''. (b) Technical Amendments.--(1) Section 1401 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, in the matter proposed to be added to section 103 of the Truth in Lending Act, by redesignating subsection (cc) as subsection (dd). (2) Section 1431(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended-- (A) by striking ``subsection (cc)'' and inserting ``subsection (dd)''; and (B) in the matter proposed to be added to section 103 of the Truth in Lending Act by redesignating subsection (dd) as subsection (ee). (c) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act to which they relate. SEC. 3. HIGH-COST MORTGAGE DEFINITION. Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended-- (1) by redesignating subsection (aa) (relating to disclosure of greater amount or percentage), as so designated by section 1100A of Public Law 111-203, as subsection (bb); (2) by redesignating subsection (bb) (relating to high cost mortgages), as so designated by section 1100A of Public Law 111-203, as subsection (aa), and moving such subsection to immediately follow subsection (z); and (3) in subsection (aa)(1)(A), as so redesignated-- (A) in clause (i)(I)-- (i) by striking ``(8.5 percentage points, if the dwelling is personal property and the transaction is for less than $50,000)''; and (ii) by striking ``or'' at the end; (B) in clause (i)(II), by adding ``or'' at the end; (C) in clause (i), by adding at the end the following: ``(III) by a first mortgage on a consumer's principal dwelling that is considered personal property (or is a consumer credit transaction that does not include the purchase of real property on which a dwelling is to be placed), the annual percentage rate at consummation of the transaction will exceed the average prime offer rate, as defined in section 129C(b)(2)(B), for a comparable transaction, by more than-- ``(aa) 8.5 percentage points, in the case of a transaction in an amount of $50,000 or more, but less than $75,000 (as such amounts are adjusted by the Bureau to reflect the change in the Consumer Price Index); ``(bb) 10.5 percentage points, in the case of a transaction in an amount of more than $30,000, but less than $50,000 (as such amounts are adjusted by the Bureau to reflect the change in the Consumer Price Index); or ``(cc) 12.5 percentage points, in the case of a transaction in an amount of $30,000 or less (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index), or a higher percentage established by the Bureau not to exceed 14.5 percentage points in such cases, if the Bureau determines that the lower rate would restrict access to credit and that raising the rate would not have a detrimental impact on consumer protection.''; and (D) in clause (ii)-- (i) in subclause (I), by striking ``or'' at the end; and (ii) by adding at the end the following: ``(III) in the case of a transaction for less than $75,000 (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index) in which the dwelling is considered personal property (or is a consumer credit transaction that does not include the purchase of real property on which a dwelling is to be placed) the greater of 5 percent of the total transaction amount or $3,000 (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index); or''.", "summary": "Preserving Access to Manufactured Housing Act of 2013 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to revise the exclusion from the meaning of "mortgage originator" of any employee of a retailer of manufactured homes who does not for compensation or gain take residential mortgage loan applications, for compensation or gain offer or negotiate terms of a residential mortgage loan, or advise a consumer on loan terms (including rates, fees, and other costs). Excludes from the meaning of "mortgage originator," instead, any retailer of manufactured or modular homes or its employees unless the retailer or its employees receive compensation or gain for engaging in certain activities in excess of any compensation or gain received in a comparable cash transaction. Amends the Truth in Lending Act to revise the definition of \"high cost mortgage.\""}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Timbers Battlefield and Fort Miamis National Historical Site Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The 185-acre Fallen Timbers Battlefield is the site of the 1794 battle between the United States Army, led by General Anthony Wayne, and the confederation of Native American tribes led by the great Chief Tecumseh. (2) British troops, led by General Henry Proctor, landed at Fort Miamis in the spring of 1813 and attacked the fort twice, without success. (3) Fort Miamis and the Fallen Timbers Battlefield are in Lucas County, Ohio, in the city of Maumee. (4) The 9-acre Fallen Timbers Battlefield Monument is listed as a National Historic Landmark. (5) Fort Miamis is listed in the National Register of Historic Places as a historic site. (6) In 1959, the Battle of Fallen Timbers was included in the National Survey of Historic Sites and Buildings as 1 of 22 sites representing the ``Advance of the Frontier, 1763-1830''. (7) In 1960, the Battle of Fallen Timbers was designated as a National Historic Landmark. (b) Purposes.--The purposes of this Act are the following: (1) To recognize and preserve the 185-acre Fallen Timbers Battlefield site. (2) To formalize the linkage of the Fallen Timbers Battlefield and Monument to Fort Miamis. (3) To preserve and interpret United States military history and Native American culture in the Northwest Territory during the period from 1794 through 1813. (4) To provide assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State, in implementing a management plan that will preserve and interpret the historical, cultural, natural, recreational, and scenic resources of the historical site. (5) To authorize the Secretary to provide technical assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State (including the Ohio Historical Society, the city of Maumee, the Maumee Valley Heritage Corridor, the city of Toledo, the Fallen Timbers Battlefield Preservation Commission, and the Metropark District of the Toledo Area) in developing the management plan. SEC. 3. DEFINITIONS. In this Act: (1) Historical site.--The term ``historical site'' means the Fallen Timbers Battlefield and Monument and Fort Miamis National Historical Site established by section 4. (2) Management entity.--The term ``management entity'' means-- (A) the Ohio Historical Society, the city of Maumee, the Maumee Valley Heritage Corridor, Inc., the city of Toledo, the Metropark District of the Toledo Area, and (B) any other entity designated by the Governor of Ohio and approved by the Secretary in accordance with section 5, as a member of the management entity; acting jointly. (3) Management plan.--The term ``management plan'' means a plan for management of the historical site, that is developed by the management entity and approved by the Secretary in accordance with section 7. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Technical assistance.--The term ``technical assistance'' means any guidance, advice, or other aid, other than financial assistance, provided by the Secretary. SEC. 4. FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORICAL SITE. (a) Establishment.--There is established in the State of Ohio the Fallen Timbers Battlefield and Fort Miamis National Historical Site. (b) Components.-- (1) In general.--The historical site is comprised of the following: (A) The Fallen Timbers site, comprised generally of the following: (i) The Fallen Timbers battlefield site, consisting of an approximately 185-acre parcel located north of U.S. 24, west of U.S. 23/I- 475, south of the Norfolk and Western Railroad line, and east of Jerome Road. (ii) The approximately 9-acre Fallen Timbers battlefield monument, located south of U.S. 24. (B) The Fort Miamis Park site. (2) Map.--The management entity shall prepare a map of the historical site, which shall be on file and available for public inspection in the offices of the management entity. (3) Consent of local property owners.--No privately owned property shall be included within the boundaries of the historical site unless the owner of the property consents to the inclusion. SEC. 5. COMPLETION OF COMPOSITION OF MANAGEMENT ENTITY. Not later than 60 days after the date of the enactment of this Act, the Governor of Ohio may designate any entity for purposes of section 3(2)(A) and transmit that designation to the Secretary. The Secretary shall approve or disapprove any entity designated by the Governor by not later than 60 days after the date of that transmittal. SEC. 6. WITHDRAWAL OF DESIGNATION. (a) In General.--The historical site shall remain a National historical site unless-- (1) the Secretary determines that-- (A) the use, condition, or development of the historical site is incompatible with the purposes of this Act; or (B) the management entity has not made reasonable and appropriate progress in preparing or implementing the management plan for the historical site; and (2) after making a determination under paragraph (1), the Secretary submits to the Congress notification that establishment of the historical site should be withdrawn. (b) Public Hearing.--Before the Secretary makes a determination under subsection (a)(1), the Secretary shall hold a public hearing in the historical site. (c) Time of Withdrawal of Designation.-- (1) Definition of legislative day.--In this subsection, the term ``legislative day'' means any calendar day on which both Houses of Congress are in session. (2) Time period.--The withdrawal of the historical site designation shall become final 90 legislative days after the Secretary submits to Congress the notification under subsection (a)(2). SEC. 7. APPROVAL OF MANAGEMENT PLAN; CONSISTENCY OF FEDERAL ACTIONS. (a) Approval.-- (1) In general.--The management entity shall submit any proposed management plan to the Governor of the State of Ohio. Within 60 days after receiving the proposed management plan, the Governor shall transmit to the Secretary the proposed plan and any recommendations of the Governor regarding the proposed plan. Within 30 days after receiving the proposed management plan, the Secretary shall approve the proposed plan or return it to the Governor with any changes recommended by the Secretary. (2) Role of secretary.--The Secretary may not approve a proposed management plan unless it includes provisions which describe the role of the Secretary in implementing the plan. (3) Assistance.--The Secretary shall assist the management entity in the preparation of the management plan. (b) Ensuring Consistency of Other Federal Actions.--Any Federal agency conducting an activity directly affecting the historical site shall consider the potential effect of the activity on the management plan and shall consult with the management entity with respect to the activity to minimize the adverse effects of the activity on the historical site. SEC. 8. NO EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY. (a) No Effect on Authority of Governments.--Nothing in this Act modifies, enlarges, or diminishes the authority of any Federal department or agency to regulate the use of land. (b) No Zoning or Land Use Powers.--Nothing in this Act-- (1) grants any power of zoning or land use control to the management entity; or (2) modifies, enlarges, or diminishes any existing authority to regulate land use by any State or local government entity which is a member of the management entity. (c) No Effect on Local Authority or Private Property.--Nothing in this Act affects or authorizes the management entity to interfere with-- (1) the rights of any person with respect to private property; or (2) any local zoning ordinance or land use plan of the State of Ohio or a political subdivision of the State. SEC. 9. FISHING, TRAPPING, AND HUNTING. (a) No Diminishment of State Authority.--Establishment of the historical site does not diminish the authority of the State of Ohio to manage fish and wildlife, including the regulation of fishing, hunting, and trapping in the historical site. (b) No Conditioning of Approval and Assistance.--Neither the Secretary nor any other Federal agency may make a limitation on fishing, hunting, or trapping-- (1) a condition of the determination of eligibility for assistance under this Act; or (2) a condition for the receipt, in connection with the historical site, of any other form of assistance from the Secretary or the agency, respectively.", "summary": "Fallen Timbers Battlefield and Fort Miamis National Historical Site Act - Establishes the Fallen Timbers Battlefield and Fort Miamis National Historical Site in Ohio. Authorizes the Governor of Ohio to designate, from a specified list of candidates, a management entity which shall draw up a management plan for approval by the Secretary of the Interior. Prohibits the Secretary or any other Federal agency from making a limitation on fishing, hunting, or trapping a condition of the determination of eligibility for, or receipt of, assistance under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Deter Cyber Theft Act''. SEC. 2. ACTIONS TO ADDRESS FOREIGN ECONOMIC OR INDUSTRIAL ESPIONAGE IN CYBERSPACE. (a) Report Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12- month period preceding the submission of the report that-- (A) identifies-- (i) foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; (ii) foreign countries identified under clause (i) that the Director determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information (in this section referred to as ``priority foreign countries''); (iii) technologies or proprietary information developed by United States persons that-- (I) are targeted for economic or industrial espionage in cyberspace; and (II) to the extent practicable, have been appropriated through such espionage; (iv) articles manufactured or otherwise produced using technologies or proprietary information described in clause (iii)(II); (v) services provided using such technologies or proprietary information; and (vi) foreign entities, including entities owned or controlled by the government of a foreign country, that request, engage in, support, facilitate, or benefit from the appropriation through economic or industrial espionage in cyberspace of technologies or proprietary information developed by United States persons; (B) describes the economic or industrial espionage engaged in by the foreign countries identified under clauses (i) and (ii) of subparagraph (A); and (C) describes-- (i) actions taken by the Director and other Federal agencies to decrease the prevalence of economic or industrial espionage in cyberspace; and (ii) the progress made in decreasing the prevalence of such espionage. (2) Determination of foreign countries engaging in economic or industrial espionage in cyberspace.--For purposes of clauses (i) and (ii) of paragraph (1)(A), the Director shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons if the government of the foreign country-- (A) engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; or (B) facilitates, supports, fails to prosecute, or otherwise permits such espionage by-- (i) individuals who are citizens or residents of the foreign country; or (ii) entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country. (3) Prioritization of collection and analysis of information.--The President shall direct the Director to make it a priority for the intelligence community to collect and analyze information in order to identify articles described in clause (iv) of paragraph (1)(A), services described in clause (v) of that paragraph, and entities described in clause (vi) of that paragraph. (4) Form of report.--Each report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Action by President.-- (1) In general.--Not later than 120 days after each report required by subsection (a)(1) is submitted, the President shall direct U.S. Customs and Border Protection to exclude from entry into the United States an article described in paragraph (2) if the President determines the exclusion of the article is warranted-- (A) for the enforcement of intellectual property rights; or (B) to protect the integrity of the Department of Defense supply chain. (2) Article described.--An article described in this paragraph is an article-- (A) identified under subsection (a)(1)(A)(iv); (B) produced or exported by an entity that-- (i) is owned or controlled by the government of a priority foreign country; and (ii) produces or exports articles that are the same as or similar to articles manufactured or otherwise produced using technologies or proprietary information identified under subsection (a)(1)(A)(iii); or (C) produced or exported by an entity identified under subsection (a)(1)(A)(vi). (c) Consistency With International Agreements.--This section shall be applied in a manner that is consistent with the obligations of the United States under international agreements. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Cyberspace.--The term ``cyberspace''-- (A) means the interdependent network of information technology infrastructures; and (B) includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers. (3) Economic or industrial espionage.--The term ``economic or industrial espionage'' means-- (A) stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; (B) copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; or (C) knowingly receiving, buying, or possessing a trade secret or proprietary information that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret or proprietary information. (4) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (5) Own.--The term ``own'', with respect to a trade secret or proprietary information, means to hold rightful legal or equitable title to, or license in, the trade secret or proprietary information. (6) Person.--The term ``person'' means an individual or entity. (7) Proprietary information.--The term ``proprietary information'' means competitive bid preparations, negotiating strategies, executive emails, internal financial data, strategic business plans, technical designs, manufacturing processes, source code, data derived from research and development investments, and other commercially valuable information that a person has developed or obtained if-- (A) the person has taken reasonable measures to keep the information confidential; and (B) the information is not generally known or readily ascertainable through proper means by the public. (8) Technology.--The term ``technology'' has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). (9) Trade secret.--The term ``trade secret'' has the meaning given that term in section 1839 of title 18, United States Code. (10) United states person.--The term ``United States person'' means-- (A) an individual who is a citizen of the United States or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States.", "summary": "Deter Cyber Theft Act - Requires the Director of National Intelligence (DNI) to annually report to specified congressional committees on foreign countries that engage in economic and industrial espionage in cyberspace with respect to U.S. trade secrets or proprietary information. Requires each report to identify countries that engage in such espionage as well as countries that engage in the most egregious forms of such espionage. Directs the President to exclude from entry into the United States any article produced or exported by an entity identified within any such report, as long as the President determines that such exclusion is warranted for the enforcement of intellectual property rights or to protect the integrity of the Department of Defense (DOD) supply chain."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Surgeon General Sunset Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary for Health of the Department of Health and Human Services. (2) Federal agency.--The term ``Federal agency'' has the meaning given to the term ``agency'' by section 551(1) of title 5, United States Code. (3) Function.--The term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (4) Office.--The term ``office'' includes any office, administration, agency, institute, unit, organizational entity, or component thereof. (5) Office of the assistant secretary.--The term ``Office of the Assistant Secretary'' means the Office of the Assistant Secretary for Health of the Department of Health and Human Services. SEC. 3. TERMINATION AND TRANSFER OF FUNCTIONS. (a) Termination.--The Office of the Surgeon General of the Public Health Service and the position of such Surgeon General are terminated. (b) Transfer of Functions.--There are transferred to Office of the Assistance Secretary for Health all functions which the Surgeon General exercised before the date of the enactment of this Act (including all related functions of any officer or employee of the Office of the Surgeon General). SEC. 4. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF MANAGEMENT AND BUDGET. If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under section 3. SEC. 5. DELEGATION AND ASSIGNMENT. Except where otherwise expressly prohibited by law or otherwise provided by this Act, the Assistant Secretary may delegate any of the functions transferred to the Assistant Secretary by this Act and any function transferred or granted to such Assistant Secretary after the effective date of this Act to such officers and employees of the Office of the Assistant Secretary as the Assistant Secretary may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Assistant Secretary under this section or under any other provision of this Act shall relieve such Assistant Secretary of responsibility for the administration of such functions. SEC. 6. REORGANIZATION. The Assistant Secretary is authorized to allocate or reallocate any function transferred under section 3 among the officers of the Office of the Assistant Secretary, and to establish, consolidate, alter, or discontinue such organizational entities in the Office of the Assistant Secretary as may be necessary or appropriate. SEC. 7. RULES. The Assistant Secretary is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Assistant Secretary determines necessary or appropriate to administer and manage the functions of the Office of the Assistant Secretary. SEC. 8. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL. Except as otherwise provided in this Act, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this Act, subject to section 1531 of title 31, United States Code, shall be transferred to Office of the Assistant Secretary. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated. SEC. 9. INCIDENTAL TRANSFERS. (a) In General.--The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. (b) Termination of Affairs.--The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. SEC. 10. EFFECT ON PERSONNEL. (a) In General.--Except as otherwise provided by this Act, the transfer pursuant to this Act of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under this Act. (b) Executive Schedule Positions.--Except as otherwise provided in this Act, any person who, on the day preceding the effective date of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Office of the Assistant Secretary to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. (c) Termination of Certain Positions.--Positions whose incumbents are appointed by the President, by and with the advice and consent of the Senate, the functions of which are transferred by this Act, shall terminate on the effective date of this Act. SEC. 11. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act, and (2) which are in effect at the time this Act takes effect, or were final before the effective date of this Act and are to become effective on or after the effective date of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Assistant Secretary or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Proceedings Not Affected.--The provisions of this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Office of the Surgeon General at the time this Act takes effect, with respect to functions transferred by this Act but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits Not Affected.--The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Office of the Surgeon General, or by or against any individual in the official capacity of such individual as an officer of the Office of the Surgeon General, shall abate by reason of the enactment of this Act. (e) Administrative Actions Relating to Promulgation of Regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Office of the Surgeon General relating to a function transferred under this Act may be continued by the Office of the Assistant Secretary with the same effect as if this Act had not been enacted. SEC. 12. SEPARABILITY. If a provision of this Act or its application to any person or circumstance is held invalid, neither the remainder of this Act nor the application of the provision to other persons or circumstances shall be affected. SEC. 13. TRANSITION. The Assistant Secretary is authorized to utilize-- (1) the services of such officers, employees, and other personnel of the Office of the Surgeon General with respect to functions transferred to the Office of the Assistant Secretary by this Act; and (2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this Act. SEC. 14. REFERENCES. Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to-- (1) the Surgeon General with regard to functions transferred under section 3, shall be deemed to refer to the Assistant Secretary for Health of the Department of Health and Human Services; and (2) the Office of the Surgeon General with regard to functions transferred under section 3, shall be deemed to refer to the Office of the Assistant Secretary for Health of the Department of Health and Human Services. SEC. 15. SAVINGS. Any amounts appropriated for the Office of the Surgeon General for fiscal year 1998 and remaining available on the date of enactment of this Act shall be transferred to the Secretary of Health and Human Services and utilized to carry out child immunization programs. SEC. 16. ADDITIONAL CONFORMING AMENDMENTS. (a) Recommended Legislation.--After consultation with the appropriate committees of the Congress and the Director of the Office of Management and Budget, the Assistant Secretary shall prepare and submit to the Congress a legislative proposal in the form of an implementing bill containing technical and conforming amendments to reflect the changes made by this Act. (b) Submission to the Congress.--Not later than 6 months after the effective date of this Act, the Assistant Secretary shall submit the implementing bill referred to under subsection (a). (c) Repeals.--Sections 204 and 205 of the Public Health Service Act (42 U.S.C. 205 and 206) are repealed. (d) Additional Conforming Amendments.-- (1) Section 202 of the Public Health Service Act (42 U.S.C. 203) is amended-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. (2) Section 206(a) of the Public Health Service Act (42 U.S.C. 207(a)) is amended-- (A) in the first sentence by striking ``The Surgeon General'' and all that follows through ``the Chief Medical Officer'' and inserting ``The Chief Medical Officer''; and (B) by striking the second sentence. SEC. 17. EFFECTIVE DATE. This Act shall be become effective on the date on which the individual who is serving as the Surgeon General on the date of enactment of this Act resigns or is terminated or the date on which the term of service of such individual as Surgeon General expires, whichever occurs first.", "summary": "Office of Surgeon General Sunset Act - Terminates the Office and position of the Surgeon General of the Public Health Service, transferring the Office's functions to the Assistant Secretary for Health of the Department of Health and Human Services. Requires that the Office of Management and Budget make determinations of the functions transferred. Provides for related delegation, reorganization, rules and regulations, transfer and allocations of appropriations and personnel, other transfers, the effect on personnel, and the effect on legal documents, proceedings, and administrative actions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Infrastructure Reinvestment and Economic Revitalization Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the quality of our Nation's transportation infrastructure and the efficient movement of people and goods are directly linked to our Nation's economic productivity and competitiveness; (2) our Nation's trading partners, with whom we compete in the global economy, have invested substantial amounts of their resources into capital infrastructure investment and currently enjoy productivity growth rates that are more than triple the United States growth rate; (3) to compete in the global marketplace of the 1990's, the United States must substantially increase its level of infrastructure investment as soon as possible; (4) by allowing infrastructure investment to drop from 2.4 percent of the gross national product in the late 1960's to less than 0.3 percent in the 1980's, our Nation has neglected the foundation of economic growth; and (5) without a substantial influx of new capital, infrastructure investment will not be able to keep pace with the rapid rate of infrastructure decay that will result in crumbling roads, increasing traffic congestion, higher costs, and inadequate transit systems. (b) Purposes.--The purposes of this Act are as follows: (1) Issuance of bonds to finance massive capital infrastructure reinvestment immediately. (2) Creation of thousands of productive new jobs by initiating new rehabilitation and construction projects. (3) Stimulation of the economy and creation of economic growth by increasing the efficiency of our Nation's infrastructure and investment in its long-term maintenance. (4) Complementing the purposes of the Intermodal Surface Transportation Efficiency Act of 1991 by creating a new financing mechanism to provide a more immediate source of funds. SEC. 3. INFRASTRUCTURE REINVESTMENT FUND. (a) Revenues From Highway Trust Fund.--Subsection (c) of section 9503 of the Internal Revenue Code of 1986 (relating to Highway Trust Fund) is amended by adding at the end thereof the following new paragraph: ``(7) Infrastructure reinvestment fund.--The Secretary shall pay from time to time from the Highway Trust Fund into the Infrastructure Reinvestment Fund amounts (as determined by him) equivalent to 2.5 cents per gallon of the taxes imposed by sections 4041(a) and 4081 which are received after September 30, 1994, and before October 1, 2024.''. (b) Infrastructure Reinvestment Fund.-- (1) In general.--Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end thereof the following new section: ``SEC. 9512. INFRASTRUCTURE REINVESTMENT FUND. ``(a) Creation of Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Infrastructure Reinvestment Fund', consisting of such amounts as may be appropriated or credited to such Fund as provided in this section, section 9503(c)(7), or section 9602(b). ``(b) Transfers to Fund.--In addition to the amounts transferred under section 9503(c)(7), there are hereby appropriated to the Infrastructure Reinvestment Fund amounts equivalent to 2.5 cents per gallon of the taxes imposed by sections 4041(a) and 4081 which are received after September 30, 1994, and before October 1, 2024. ``(c) Expenditures From Fund.--Amounts in the Infrastructure Reinvestment Fund shall be available, as provided in appropriation Acts, only for purposes of carrying out section 5 of the Infrastructure Reinvestment and Economic Revitalization Act of 1993. ``(d) Infrastructure Bonds.-- ``(1) In general.--There are authorized to be appropriated to the Infrastructure Reinvestment Fund, as repayable advances, the maximum amount (less an appropriate reserve) which the Secretary estimates may be fully amortized before October 1, 2024-- ``(A) based on an amortization schedule comparable to a 30-year bond issued as part of the public debt, and ``(B) using only amounts appropriated to such Fund under subsection (b) (and interest thereon) with respect to infrastructure reinvestment taxes received in the Treasury before such date. ``(2) Repayment of advances.--Advances made to the Infrastructure Reinvestment Fund shall be repaid, and interest on such advances shall be paid, under such terms and conditions as the Secretary shall prescribe. ``(3) Final repayment.--No advance shall be made to the Infrastructure Reinvestment Fund after September 30, 2024, and all advances made to such Fund shall be repaid on or before such date. ``(4) Rate of interest.--Interest on advances made pursuant to this subsection shall be determined in accordance with section 9509(d)(3)(C).''. (2) Clerical amendment.--The table of sections for such subchapter A is amended by adding at the end thereof the following new item: ``Sec. 9512. Infrastructure Reinvestment Fund.''. SEC. 4. OFF-BUDGET STATUS OF FUND. Notwithstanding any other provision of law, the receipts and disbursements of the Infrastructure Reinvestment Fund shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (1) the budget of the United States Government as submitted by the President, (2) the congressional budget, or (3) the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 5. INFRASTRUCTURE REINVESTMENT PROGRAM. (a) Authorization of Appropriations.--There shall be available, out of the Infrastructure Reinvestment Fund, for fiscal year 1995 to the Secretary for carrying out surface transportation programs an amount equal to the aggregate amount advanced to such Fund under section 9512(d) of the Internal Revenue Code of 1986 plus interest thereon. Such sums shall remain available until expended. (b) Allocation of Funds Among Programs.--From the funds made available by subsection (a), the Secretary shall make available to carry out a surface transportation program an amount determined by multiplying-- (1) the amount of funds made available by subsection (a), and (2) the quotient of the amount of funds made available for such program for fiscal year 1993 divided by the aggregate of all funds made available for all such programs for fiscal year 1993. (c) Applicability of Apportionment Formulas and Other Provisions.-- (1) In general.--Except as otherwise provided by this Act, funds made available to a surface transportation program under subsection (b) shall be subject to apportionment, Federal share, planning, design, period of availability, and other requirements in the same manner and to the same extent as if such funds were made available, out of the Highway Trust Fund, for such program. (2) Obligation limitation.--Funds made available by subsection (a) shall not be subject to any obligation limitation. (d) Contract Authority.--Approval by the Secretary of a grant, project, or contract with funds made available by subsection (a) shall be deemed a contractual obligation of the United States for payment of the Federal share of the cost of the grant, project, or contract. SEC. 6. DEFINITIONS. In this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Surface transportation program.--The term ``surface transportation program'' means any program or project for which funds are made available for fiscal year 1993 by or under the Intermodal Surface Transportation Efficiency Act of 1991 and any Act amended by the Intermodal Surface Transportation Efficiency Act of 1991, including title 23, United States Code, the Federal Transit Act, and the Surface Transportation Assistance Act of 1982. Such term shall not include-- (A) any project described in section 1103, 1104, 1105, 1106, 1107, or 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; and (B) the national recreation trails funding program under part B of title I of such Act.", "summary": "Infrastructure Reinvestment and Economic Revitalization Act of 1993 - Amends the Internal Revenue Code to require the Secretary of the Treasury to pay from time to time from the Highway Trust Fund into the Infrastructure Reinvestment Fund Reinvestment Fund amounts equivalent to 2.5 cents per gallon of the taxes imposed on diesel and special motor fuels and on the removal, entry, or sale of gasoline between September 30, 1994, and October 1, 2024. Establishes the Infrastructure Reinvestment Fund. Makes the Fund off-budget. Authorizes appropriations from such Fund for surface transportation programs."}
{"article": "SECTION 1. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``advisory committee'' means the advisory committee established by the Secretary under section 2(b). (2) Columbia/snake river basin.--The term ``Columbia/Snake River Basin'' means the basin of the Columbia River and Snake River in the States of Idaho, Montana, Oregon, and Washington. (3) Council.--The term ``Council'' means the Pacific Northwest Electric Power and Conservation Planning Council established under the Pacific Northwest Electric Power and Conservation Planning Act (16 U.S.C. 839 et seq.). (4) Federal agency.--The term ``Federal agency'' means-- (A) the Bonneville Power Administration in the Department of Energy; (B) the Bureau of Land Management, Bureau of Reclamation, United States Fish and Wildlife Service, and the Bureau of Indian Affairs in the Department of the Interior; (C) the National Marine Fisheries Service in the Department of Commerce; (D) the Army Corps of Engineers in the Department of the Army; (E) the Forest Service and the Natural Resource Conservation Service in the Department of Agriculture; and (F) the Environmental Protection Agency. (5) Memorandum of understanding.--The term ``memorandum of understanding'' means any written or unwritten agreement between or among 1 or more of the Federal agencies and 1 or more State or local government agencies, 1 or more Indian tribes, or 1 or more private persons or entities-- (A) concerning the manner in which any authority of a Federal agency under any law is to be exercised within the Columbia/Snake River Basin; or (B) for the purpose of formulating recommendations concerning the manner in which any such authority should be exercised. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. CONDITIONS ON MEMORANDUM OF UNDERSTANDING. (a) In General.--The Bonneville Power Administration or any other Federal agency, acting individually or with 1 or more of the other Federal agencies, shall not enter into or implement a memorandum of understanding unless all of the conditions stated in this section are met. (b) Advisory Committee.-- (1) Establishment.--The Secretary shall establish an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.) to advise the Federal agencies with respect to matters to be addressed under any memorandum of understanding, including the economic and social impacts of proposed activities or recommendations. (2) Membership.--The advisory committee shall be composed of-- (A) 1 representative of the large industrial customers served directly by the Bonneville Power Administration; (B) 1 representative of the preference power customers that purchase power from the Bonneville Power Administration; (C) 1 representative of non-Federal utilities that have hydropower generation on the Columbia River or Snake River; (D) 1 irrigator that receives water diverted from a Federal water project on the Snake River; (E) 1 irrigator that receives water diverted from a Federal water project on the Columbia River or a tributary of the Columbia River (other than a tributary that is also a tributary of the Snake River); (F) 1 private forest land owner; (G) 1 representative of the commercial fishing industry; (H) 1 representative of the sport fishing industry; (I) 1 representative of the environmental community; (J) 1 representative of a river port upstream of Bonneville Dam; (K) 1 representative of shippers that ship from places upstream of any lock on the Columbia River; (L) 1 representative of persons that hold Federal grazing permits; and (M) 1 representative of county governments from each of the States of Oregon, Washington, Idaho, and Montana. (3) Manner of appointment.--The members of the advisory committee shall be appointed by the Secretary of the Interior from among persons nominated by the Governors of the States of Idaho, Montana, Oregon, and Washington. (4) Chairperson.--At the first meeting of the advisory committee, the members shall select 1 of the members to serve as chairperson, on a simple majority vote. (5) Compensation.--A member of the advisory committee shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties of the advisory committee. (6) Support.--The Secretary shall-- (A) provide such office space, furnishings and equipment as may be required to enable the advisory committee to perform its functions; and (B) furnish the advisory committee with such staff, including clerical support, as the advisory committee may require. (7) Opportunity to formulate and present views.--The advisory committee shall be afforded a reasonable opportunity to-- (A) attend each meeting convened under the memorandum of understanding; and (B) formulate and present its views on each matter addressed at the meeting. (8) Authorization of appropriations.--There is authorized to be appropriated to carry out the activities of the advisory committee a total of $1,000,000 during the period in which the advisory committee is in existence. (9) Termination.--The advisory committee shall terminate on termination of the memorandum of understanding. (c) Reconciliation of Differences.--The Director of the Office of Management and Budget shall designate an official who, at the request of a non-Federal party to any memorandum of understanding, shall have authority to reconcile differences between the Federal agencies on any issue relating to activities addressed under the memorandum of understanding. (d) Public Availability of Data and Methodologies.--Each Federal agency shall publish and make available to the public, through use of the Internet and by other means-- (1) all scientific data that are prepared by or made available to the Federal agency for use for the purpose of formulating recommendations regarding any matter addressed under any memorandum of understanding; and (2) all methodologies that are prepared by or made available to the Federal agency for the purpose of assessing the cost or benefit of any activity addressed under any memorandum of understanding. (e) Reporting by the Council.-- (1) In general.--Not later than 30 days before the beginning of each fiscal year, the Council shall submit to Congress a report that describes how the recommendations on fish and wildlife activities under any memorandum of understanding during the fiscal year will be reconciled and coordinated with activities of the Council under the Pacific Northwest Electric Power and Conservation Planning Act (16 U.S.C. 839 et seq.). (2) Cooperation.--Each Federal agency that is a party to a memorandum of understanding shall provide the Council such information and cooperation as the Council may request to enable the Council to make determinations necessary to prepare a report under paragraph (1). SEC. 3. BUDGET INFORMATION. (a) In General.--The President shall include in each budget of the United States Government for a fiscal year submitted under section 1105 of title 31, United States Code, a separate section that states for each Federal agency the amount of budget authority and outlays proposed to be expended in the Columbia/Snake River Basin (including a pro rata share of overhead expenses) for the fiscal year. (b) Itemization.--The statement of budget authority and outlays for the Columbia/Snake River Basin under subsection (a) for each Federal agency shall be stated in the same degree of specificity for each category of expense as in the statement of budget authority and outlays for the entire Federal agency elsewhere in the budget.", "summary": "Prescribes conditions under which the Bonneville Power Administration or any other Federal agency may enter into or implement a memorandum of understanding. Requires the Secretary of the Interior to establish an advisory committee to advise Federal agencies regarding matters addressed under any such memorandum, including the economic and social impact of proposed activities or recommendations. Instructs the Secretary to appoint committee members from among the persons nominated by the Governors of Idaho, Montana, Oregon, and Washington. Authorizes appropriations. Instructs the Director of the Office of Management and Budget, upon the request of a non-Federal party to such a memorandum, to designate an official authorized to reconcile differences between the Federal agencies on issues pertinent to the memorandum. Requires each Federal agency to make available to the public all data and methodologies prepared under such a memorandum. Directs the Pacific Northwest Electric Power and Conservation Planning Council to report annually to the Congress on how the recommendations concerning fish and wildlife activities under the current memorandum of understanding will be reconciled and coordinated with its activities under the Pacific Northwest Electric Power and Conservation Planning Act. Requires the President to include in each fiscal year budget for each Federal agency the amount of budget authority and outlays proposed to be expended in the Columbia-Snake River Basin."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Climate Policy Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) although there are significant uncertainties surrounding the science of climate change, human activities may contribute to increasing global concentrations of greenhouse gases in the atmosphere, which in turn may ultimately contribute to global climate change beyond that resulting from natural variability; (2) the characteristics of greenhouse gases and the physical nature of the climate system require that any stabilization of atmospheric greenhouse gas concentrations must be a long-term effort undertaken on a global basis; (3) since developing countries will constitute the major source of greenhouse gas emissions early in the 21st century, all nations must share in an effective international response to potential climate change; (4) environmental progress and economic prosperity are interrelated; (5) effective greenhouse gas management efforts depend on the development of long-term, cost-effective technologies and practices that can be developed, refined, and deployed commercially in an orderly manner in the United States and around the world; (6) in its present form as signed by the Administration, the Kyoto Protocol to the United Nations Framework Convention on Climate Change fails to meet the minimum conditions of Senate Resolution 98, 105th Congress, which was adopted by the Senate on July 25, 1997, by a vote of 95-0; (7) the President has not submitted the Kyoto protocol to the Senate for debate and advice and consent to ratification under article II, section 2, clause 2 of the United States Constitution and has indicated that the Administration has no intention to do so in the foreseeable future, or to implement any portion of the Kyoto protocol prior to its ratification in the Senate. (b) Purpose.--The purpose of this Act is to strengthen provisions of the Energy Policy Act of 1992 (42 U.S.C. 13381 et seq.) to-- (1) further promote voluntary efforts to reduce or avoid greenhouse gas emissions and improve energy efficiency; and (2) focus Department of Energy efforts in this area. SEC. 3. OFFICE OF GLOBAL CLIMATE CHANGE. Section 1603 of the Energy Policy Act of 1992 (42 U.S.C. 13383) is amended-- (1) in the section heading, by striking ``DIRECTOR OF CLIMATE PROTECTION'' and inserting ``OFFICE OF GLOBAL CLIMATE CHANGE''; and (2) by striking the first sentence and inserting the following: ``(a) Establishment.--There is established by this Act in the Department of Energy an Office of Global Climate Change. ``(b) Function.--The Office shall serve as a focal point for coordinating for the Secretary and Congress all departmental issues and policies regarding climate change and related matters. ``(c) Director.--The Secretary shall appoint a director of the Office, who-- ``(1) shall be compensated at no less than level IV of the Executive Schedule; ``(2) shall report to the Secretary; and ``(3) at the request of the Committees of the Senate and House of Representatives with appropriation and legislative jurisdiction over programs and activities of the Department of Energy, shall report to Congress on the activities of the Office.''; (3) in the second sentence, by striking ``The Director'' and inserting the following: ``(d) Duties.--The Director''; and (4) in subsection (c) (as designated by paragraph (2)), by striking paragraphs (2) and (3) and inserting the following: ``(2) participate, in cooperation with other federal agencies, in the development and monitoring of domestic and international policies for their effects on any kind of climate change globally and domestically and on the generation, reduction, avoidance, and sequestration of greenhouse gases; ``(3) develop and implement a balanced, scientifically sound, nonadvocacy educational and informative public awareness program on-- ``(A) potential global climate change, including any known adverse and beneficial effects on the United States and the economy of the United States and the world economy, taking into consideration whether those effects are known or expected to be temporary, long- term, or permanent; and ``(B) voluntary means and measures to mitigate or minimize significant adverse effects and, where appropriate, to adapt, to the greatest extent practicable, to climate change; ``(4) provide, consistent with applicable provisions of law (including section 1605 (b)(3)), public assess to all information on climate change, effects of climate change, and adaptation to climate change; ``(5) promote and cooperate in the research, development, demonstration, and diffusion of environmentally sound, cost- effective and commercially practicable technologies, practices and processes that avoid, sequester, control, or reduce anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol for all relevant economic sectors, including, where appropriate, the transfer of environmentally sound, cost-effective and commercially practicable technologies, practices, and processes developed with Federal funds by the Department of Energy or any of its facilities and laboratories to interested persons in the United States and to developing country Parties to the United Nations Framework Convention on Climate Change, and Parties thereto with economies in transition to market-based economies, consistent with, and subject to, any applicable Federal law, including patent and intellectual property laws, and any applicable contracts, and taking into consideration the provisions and purposes of section 1608; and ``(6) have the authority to participate in the planning activities of relevant Department of Energy programs.''. SEC. 4. NATIONAL INVENTORY AND VOLUNTARY REPORTING OF GREENHOUSE GASES. (a) Updating.--Section 1605 of the Energy Policy Act of 1992 (42 U.S.C. 13385) is amended-- (1) by amending the second sentence of subsection (a) to read as follows-- ``The Administrator of the Energy Information Administration shall annually update and analyze such inventory using available data, including beginning in calendar year 2001, information collected as a result of voluntary reporting under subsection (b). The inventory shall identify for calendar year 2001 and thereafter the amount of emissions reductions attributed to those reported under subsection (b).''; (2) by amending subsection (b)(1)(B) and (C) to read as follows-- ``(B) annual reductions or avoidance of greenhouse gas emissions and sequestration and carbon fixation achieved through any measures, including agricultural activities, cogeneration, appliance efficiency, energy efficiency, forestry activities that increase carbon sequestration stocks (including the use of forest products), fuel switching, management of grasslands and drylands, manufacture or use of vehicles with reduced greenhouse gas emissions, methane recovery, ocean seeding, use of renewable energy, chlorofluorocarbon capture and replacement, and power plant heat rate improvement; and ``(C) reductions in, or avoidance of, greenhouse gas emissions achieved as a result of voluntary activities domestically, or internationally, plant or facility closings, and State or Federal requirements.''; (3) by striking in the first sentence of subsection (b)(2) the word ``entities'' and inserting ``persons or entities'' and in the second sentence of such subsection, by inserting after ``Persons'' the words ``or entities''; (4) by inserting in the second sentence of subsection (b)(4) the words ``persons or'' before ``entity''; and (5) by adding after subsection (b)(4) the following new paragraphs-- ``(5) Recognition of voluntary reductions or avoided emissions of greenhouse gases.--In order to encourage and facilitate new and increased voluntary efforts on a continuing basis, particularly by persons and entities in the private sector, to reduce global emissions of greenhouse gases, including voluntary efforts to limit, control, sequester, and avoid such emissions, the Secretary shall promptly develop and establish, after an opportunity for public comment of at least 60 days, a program of giving annual public recognition, beginning not later than January 31, 2001, to all reporting persons and entities demonstrating, pursuant to the voluntary collections and reporting guidelines issued under this section, voluntarily achieved greenhouse gases reductions, including such information reported prior to the enactment of this paragraph. Such recognition shall be based on the information certified, subject to 18 U.S.C. 1001, by such persons or entities for accuracy as provided in paragraph 2 of this subsection. At a minimum such recognition shall annually be published in the Federal Register. ``(6) Changes in guidelines to improve accuracy and reliability.-- The Secretary of Energy, through the Administrator of the Energy Information Administration, shall conduct a review, which shall include an opportunity for public comment, of what, if any, changes should be made to the guidelines established under this section regarding the accuracy and reliability of greenhouse gas reductions and related information reported under this section. Any such review shall give considerable weight to the voluntary nature of this section and to the purpose of encouraging voluntary greenhouse gas emission reductions by the private sector. Changes to be reviewed shall include the need for, and the appropriateness of-- ``(A) a random or other verification process using the authorities available to the Administrator under other provisions of law; ``(B) a range of reference cases for reporting of project- based activities in sectors, including, but not limited to, the measures specified in subparagraph (1)(B) of this subsection, and the inclusion of benchmark and default methodologies for use in the reference cases for `greenfield' projects; and ``(C) provisions to address the possibility of reporting, inadvertently or otherwise, of some or all of the same greenhouse gas emissions reductions by more than one reporting entity or person and to make corrections where necessary. The review should consider the costs and benefits of any such changes, the impacts on encouraging participation in this section, including by farmers and small businesses, and the need to avoid creating undue economic advantages or disadvantages for persons or entities of the private sector. The review should provide, where appropriate, a range of reasonable options that are consistent with the voluntary nature of this section and that will help further the purposes of this section. The review should be available in draft form for public comment at least 45 days before it is submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Commerce of the House of Representatives. Such submittal should be made by December 31, 2000. If the Secretary, in consultation with the Administrator, finds, based on the study results, that such changes are likely to be beneficial and cost effective in improving the accuracy and reliability of reported greenhouse gas reductions and related information, are consistent with the voluntary nature of this section, and furthers the purposes of this section, the Secretary shall propose and promulgate, consistent with such finding, such guidelines, together with such findings. In carrying out the provisions of this paragraph, the Secretary shall consult with the Secretary of Agriculture and the Administrator of the Small Business Administration to facilitate greater participation by small business and farmers in this subsection for the purpose of addressing greenhouse gas emission reductions and reporting such reductions.''. (6) in subsection (c), by inserting ``the Secretary of the Department of Agriculture, the Secretary of the Department of Commerce, the Administrator of the Energy Information Administration, and'' before ``the Administrator''. (b) Guidelines.--The Secretary shall revise, after opportunity for public comment, the guidelines issued under section 1605(b) of the Energy Policy Act of 1992 to reflect the amendments made to such section 1605(b) by subsection (a)(2) through (4) of this section not later than 18 months after the date of enactment of this Act. Such revised guidelines shall specify their effective date. (c) Effective Date.--The provisions of subsection (a) (5) and (6) of this section shall be effective on the date of enactment of this Act. SEC. 5. DEFINITIONS. For the purpose of this Act and the provisions of the Energy Policy Act of 1992 (42 U.S.C. 13381, et seq.) amended by this Act, the following terms are defined as follows: ``(1) Agricultural activity.--The term `agricultural activity' means livestock production, cropland cultivation, biogas recovery and nutrient management. ``(2) Climate change.--The term `climate change' means a change of climate which is attributed directly or indirectly to human activity which is in addition to natural climate variability observed over comparable time periods. ``(3) Climate system.--The term `climate system' means the totality of the atmosphere, hydrosphere, biosphere and geosphere and their interactions. ``(4) Greenhouse gases.--The term `greenhouse gases' means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation. ``(5) Greenhouse gas reduction.--The term `greenhouse gas reduction' means 1 metric ton of greenhouse gas (expressed in terms of carbon dioxide equivalent) that is voluntarily certified to have been achieved under section 1605 of the Energy Policy Act of 1992 (42 U.S.C. 13385). ``(6) Greenhouse gas sequestration.--The term `greenhouse gas sequestration' means extracting one or more greenhouse gases from the atmosphere or an emissions stream through a technological process designed to extract and isolate those gases from the atmosphere or an emissions stream; or the natural process of photosynthesis that extracts carbon dioxide from the atmosphere and stores it as carbon in trees, roots, stems, soils, foliage, and durable wood products. ``(7) Forest products.--The term `forest products' means all products or goods manufactured from trees. ``(8) Forestry activity.-- ``(A) In general.--The term `forestry activity' means any ownership or management action that has a discernible impact on the use and productivity of forests. ``(B) Inclusions.--Forestry activities include, but are not limited to, the establishment of trees on an area not previously forested, the establishment of trees on an area previously forested if a net carbon benefit can be demonstrated, enhanced forest management (e.g., thinning, stand improvement, fire protection, weed control, nutrient application, pest management, other silvicultural practices), forest protection or conservation if a net carbon benefit can be demonstrated, and biomass energy (using wood, grass or other biomass in lieu of fossil fuel). ``(C) Exclusions.--The term `forest activity' does not include a land use change associated with-- ``(i) an act of war; or ``(ii) an act of nature, including floods, storms, earthquakes, fires, hurricanes, and tornadoes. ``(9) Management of grasslands and drylands.--The term `management of grasslands and drylands' means seeding, cultivation, and nutrient management. ``(10) Ocean seeding.--The term `ocean seeding' means adding nutrients to oceans to enhance the biological fixation of carbon dioxide.''.", "summary": "Revises requirements governing a national inventory and voluntary reporting of greenhouse gases. Instructs the Secretary of Energy to: (1) implement a program of giving annual public recognition in the Federal Register to persons and entities demonstrating voluntarily achieved greenhouse gas reductions; and (2) conduct a review of possible changes to the guidelines to improve the accuracy and reliability of greenhouse gas emission reductions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Mammal Rescue Assistance Act of 1999''. SEC. 2. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. (a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371 et seq.) is amended-- (1) by redesignating sections 408 and 409 as sections 409 and 410, respectively; and (2) by inserting after section 407 the following: ``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. ``(a) In General.--(1) Subject to the availability of appropriations, the Secretary shall conduct a grant program to be known as the John H. Prescott Marine Mammal Rescue Assistance Grant Program, to provide grants to eligible stranding network participants for the recovery or treatment of marine mammals, the collection of data from living or dead marine mammals for scientific research regarding marine mammal health, and facility operation costs that are directly related to those purposes. ``(2)(A) The Secretary shall ensure that, to the greatest extent practicable, funds provided as grants under this subsection are distributed equitably among the designated stranding regions. ``(B) In determining priorities among such regions, the Secretary may consider-- ``(i) any episodic stranding or any mortality event other than an event described in section 410(6), that occurred in any region in the preceding year; and ``(ii) data regarding average annual strandings and mortality events per region. ``(b) Application.--To receive a grant under this section, a stranding network participant shall submit an application in such form and manner as the Secretary may prescribe. ``(c) Advisory Group.-- ``(1) In general.--The Secretary, in consultation with the Marine Mammal Commission, shall establish an advisory group in accordance with this subsection to advise the Secretary regarding the implementation of this section, including the award of grants under this section. ``(2) Membership.--The advisory group shall consist of a representative from each of the designated stranding regions and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science regarding stranded marine mammals. ``(3) Public participation.-- ``(A) Meetings.--The advisory group shall-- ``(i) ensure that each meeting of the advisory group is open to the public; and ``(ii) provide, at each meeting of the advisory group, an opportunity for interested persons to present oral or written statements concerning items on the agenda for the meeting. ``(B) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. ``(C) Minutes.--The Secretary shall keep and make available to the public minutes of each meeting of the advisory group. ``(4) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the establishment and activities of an advisory group in accordance with this subsection. ``(d) Limitation.--The amount of a grant under this section shall not exceed $100,000. ``(e) Matching Requirement.-- ``(1) In general.--The non-Federal share of the costs of an activity conducted with a grant under this section shall be 25 percent of such costs. ``(2) In-kind contributions.--The Secretary may apply to the non-Federal share of an activity conducted with a grant under this section the amount of funds, and the fair market value of property and services, provided by non-Federal sources and used for the activity. ``(f) Administrative Expenses.--Of amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent to pay the administrative expenses necessary to carry out this section. ``(g) Definitions.--In this section: ``(1) Designated stranding region.--The term `designated stranding region' means a geographic region designated by the Secretary for purposes of administration of this title. ``(2) Secretary.--The term `Secretary' has the meaning given that term in section 3(12)(A). ``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2001 through 2003, to remain available until expended.''. (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting ``(other than section 408)'' after ``title IV''. (c) Clerical Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended by striking the items relating to sections 408 and 409 and inserting the following: ``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant Program. ``Sec. 409. Authorization of appropriations. ``Sec. 410. Definitions.''. Passed the House of Representatives September 27, 1999. Attest: JEFF TRANDAHL, Clerk.", "summary": "Marine Mammal Rescue Assistance Act of 1999 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program to provide assistance to eligible stranding network participants for: (1) marine mammal rescue and treatment; (2) data collection from living or dead marine mammals; and (3) facilities operation. Directs the Secretary to establish a related advisory group. Caps grants at $100,000. Require s a 25 percent non-Federal matching amount, which may be in-kind contributions. Authorizes FY 2001 through 2003 appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clear Creek National Recreation Area and Conservation Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Management plan.--The term ``management plan'' means the Plan for the Recreation Area prepared under section 4(c). (2) Recreation area.--The term ``Recreation Area'' means the Clear Creek National Recreation Area. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of California. SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA. (a) In General.--To promote environmentally responsible high- quality motorized and non-motorized trail based recreation, including off-highway vehicle use, scenic touring, access for hunting and gem collecting, while protecting ecological, geological, scenic, cultural, and historic resources, fish and wildlife values, and other resources of the landscape, there is established the Clear Creek National Recreation Area in the State, to be managed by the Secretary. (b) Boundaries.--The Recreation Area shall consist of approximately 75,000 acres of Federal land in San Benito County and Fresno County, California, as generally depicted on the map entitled ``Clear Creek National Recreation Area'' and dated July 30, 2012. (c) Map.-- (1) In general.--As soon as practicable, after the date of the enactment of this Act, the Secretary shall submit a map and legal description of the Recreation Area to-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Availability.--Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in-- (A) the Office of the Director of the Bureau of Land Management; and (B) the appropriate office of the Bureau of Land Management in California. SEC. 4. MANAGEMENT. (a) In General.--The Secretary shall manage the Recreation Area to further the purposes described in section 3(a), in accordance with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any other applicable law. (b) Uses.--The Secretary shall-- (1) allow hiking, camping, hunting, gem collecting, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated roads, trails, and areas; (2) issue special recreation permits for motorized and non- motorized events; and (3) reopen the Clear Creek Management Area to the uses described in this subsection as soon as practicable following the enactment of this Act and in accordance with the management guidelines outlined in this Act and other applicable law. (c) Interim Management Plan.--The Secretary shall use the 2005 Clear Creek Management Area Travel Management Plan as modified by this Act, or by the Secretary to incorporate natural resource protection information not available in 2005, as the basis of an interim management plan to govern motorized recreation within the Recreation Area pending the completion of the long-term management plan required in subsection (d). (d) Permanent Management Plan.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall create a comprehensive management plan for the Clear Creek Recreation Area that-- (1) shall describe the appropriate uses and management of the Recreation Area in accordance with this Act; (2) shall be prepared in consultation with-- (A) appropriate Federal, State, and local agencies (including San Benito, Monterey, and Fresno Counties); (B) adjacent land owners; and (C) other stakeholders (including conservation and recreational organizations); (3) shall include a hazards education program to inform people entering the Recreation Area of the asbestos related risks associated with various activities within the Recreation Area, including, but not limited to, off-highway vehicle recreation; (4) shall include a user fee program for motorized vehicle use within the Recreational Area and guidelines for the use of the funds collected for the management and improvement of the Recreation Area; (5) may incorporate any appropriate decisions, as determined by the Secretary, in accordance with this Act, that are contained in any management or activity plan for the area completed before the date of the enactment of this Act; (6) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Recreation Area before the date of the enactment of this Act, in accordance with this Act; (7) may use information developed under any studies of land within or adjacent to the Recreation Area carried out before the date of enactment of this Act; and (8) may include cooperative agreements with State or local government agencies to manage all or a portion of the recreational activities within the Recreation Area in accordance with an approved management plan and the requirements of this Act. (e) Acquisition of Property.-- (1) In general.--The Secretary may acquire land adjacent to the National Recreation Area by purchase from willing sellers, donation, or exchange. (2) Management.--Any land acquired under paragraph (1) shall be managed in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable law (including regulations). (3) Improved access.--The Secretary may acquire by purchase from willing sellers, donation, exchange, or easement, land, or interest in land to improve public safety in providing access to the Recreation Area. (f) Private Property.-- (1) Access to private property.-- (A) In general.--The Secretary shall provide landowners adequate access to inholdings within the Recreation Area. (B) Inholdings.--For access purposes, private land adjacent to the Recreation Area to which there is no other practicable access except through the Recreation Area shall be managed as an inholding. (2) Use of private property.--Nothing in this Act affects the ownership, management, or other rights relating to any non- Federal land (including any interest in any non-Federal land). (3) Buffer zones.--Nothing in this Act creates a protective perimeter or buffer zone around the Recreation Area. (4) Valid rights.--Nothing in this Act affects any easements, rights-of-way, and other valid rights in existence on the date of the enactment of this Act. (g) Water Right Exclusion.--Nothing in this Act-- (1) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the Recreation Area; or (2) shall affect any water rights existing on the date of the enactment of this Act. (h) Hunting and Fishing.--Nothing in this Act-- (1) limits hunting or fishing; or (2) affects the authority, jurisdiction, or responsibility of the State to manage, control, or regulate fish and resident wildlife under State law (including regulations), including the regulation of hunting or fishing on public land managed by the Bureau of Land Management. (i) Motorized Vehicles.--Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan for the use by motorized vehicles. (j) Grazing.--In the Recreation Area, the grazing of livestock in areas in which grazing is allowed as of the date of the enactment of this Act shall be allowed to continue, consistent with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any regulations promulgated by the Secretary, acting through the Director of the Bureau of Land Management. (k) Withdrawal.--Subject to valid existing rights, all Federal land within the Recreation Area is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (l) Fees.--Amounts received by the Secretary under the fee structure required by subsection (c)(3)(G) shall be-- (1) deposited in a special account in the Treasury of the United States; and (2) made available until expended, without further appropriation, to the Secretary for use in the Recreation Area. (m) Risk Standard.--The National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. 300), published pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), shall not apply to the Secretary's management of asbestos exposure risks faced by the public when recreating within the Clear Creek Recreation Area described in section 3(b). SEC. 5. JOAQUIN ROCKS WILDERNESS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 21,000 acres of Federal lands located in Fresno County and San Benito County, California, and generally depicted on a map entitled ``Proposed Joaquin Rocks Wilderness'' and dated March 11, 2012, is designated as wilderness areas and as components of the National Wilderness Preservation System and shall be known as the ``Joaquin Rocks Wilderness''. SEC. 6. CLEAR CREEK MANAGEMENT AREA WILD AND SCENIC RIVERS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following paragraphs: ``(208) Larious canyon.--The approximately 5.25 miles of Larious Canyon Creek from its source near Idria Peak in Section 6, R12E, T18S, to the boundary of the Clear Creek Special Recreation Management Area in Section 23, R11E, T17S. ``(209) San carlos creek.--The approximately 5.51 miles of the East Fork San Carlos Creek from its source near San Benito Mountain in Section 10, R12E, T18S, to the boundary of the Clear Creek Special Recreation Management Area in Section 22, R12E, T17S. ``(210) Cantua creek.--The approximately 7.68 miles of Cantua Creek from its source north of Santa Rita Peak in Section 24, R12E, T18S, to the public land boundary in Section 3, R13E, T18S. ``(211) Picacho creek.--The approximately 2.65 miles of Picacho Creek, from its source spring in Section 20, R12E, T18S, to its confluence with the San Benito River. ``(212) White creek and tributaries.-- ``(A) The approximately 5.37 miles of White Creek, from its source in Section 36, R12E, T18S, to the boundary of the Clear Creek Special Recreation Management Area in Section 17, R13E, T19S. ``(B) The approximately 2.29 miles of the unnamed tributary of White Creek from its source just south of Spanish Lake in Section 29, R13E, T18S, to its confluence with White Creek. ``(C) The approximately 2.45 miles of the unnamed tributary of White Creek from its source in Section 33, R13E, T18S, to its confluence with White Creek.''.", "summary": "Clear Creek National Recreation Area and Conservation Act of 2012 - Establishes the Clear Creek National Recreation Area in California to promote environmentally responsible high-quality motorized and non-motorized trail based recreation, including off-highway vehicle use, scenic touring, and access for hunting and gem collecting, while protecting landscape resources. Instructs the Secretary to use the 2005 Clear Creek Management Area Travel Management Plan as modified by this Act or by the Secretary to incorporate natural resource protection information unavailable in 2005 as the basis for an interim management plan to govern motorized recreation in the Recreation Area. Requires the Secretary to create a comprehensive management plan for the Recreation Area within two years of enactment of this Act. Requires landowners to be provided with adequate access to inholdings within the Recreation Area. Permits livestock grazing to be allowed to continue in areas in which it is allowed. Designates specified federal lands in Fresno and San Benito Counties, California, to be known as the Joaquin Rocks Wilderness, as wilderness areas and components of the National Wilderness Preservation System. Amends the Wild and Scenic Rivers Act to add the Larious Canyon, San Carlos Creek, Cantua Creek, Picacho Creek, and White Creek and its tributaries as components of the National Wild and Scenic Rivers System."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Reform, Authorization, and Choice Improvement Act of 2015''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION REFORMS. (a) Project Management.--Section 8103 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e) In the case of any super construction project (as such term is defined in section 8104(a)(4)(C)), the Secretary shall enter into an agreement with an appropriate non-Department entity to provide full project management services for the super construction project.''. (b) Application of Industry Standards.--Section 8103 of title 38, United States Code, as amended by subsection (a) is further amended by adding at the end the following new subsection: ``(f) To the maximum extent practicable, the Secretary shall use industry standards, standard designs, and best practices in carrying out the construction of medical facilities.''. (c) Limitation on Planning and Design for Super Construction Projects.--Section 8104(a) of title 38, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) by inserting after paragraph (2) the following new paragraph (3): ``(3) The Secretary may not obligate or expend funds for advance planning or design for any super construction project, until the date that is 60 days after the date on which the Secretary submits to the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives notice of such obligation or expenditure.''; and (3) in paragraph (4), as redesignated by paragraph (1) of this subsection, by adding at the end the following new subparagraph: ``(C) The term `super construction project' means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100,000,000, but such term does not include an acquisition by exchange.''. (d) Congressional Approval of Certain Projects.-- (1) Projects that exceed specified amount.--Subsection (c) of section 8104 of title 38, United States Code, is amended to read as follows: ``(c) The Secretary may not obligate funds for a major medical facility project or a super construction project approved by a law described in subsection (a)(2) in an amount that would cause the total amount obligated for that project to exceed the amount specified in the law for that project (or would add to total obligations exceeding such specified amount) by more than 10 percent unless the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives each approve in writing the obligation of those funds.''. (2) Use of extra amounts.--Subsection (d) of such section is amended-- (A) in paragraph (2)(B), in the matter preceding clause (i), by striking ``Whenever'' and inserting ``Before''; and (B) by adding at the end the following new paragraph: ``(3) The Secretary may not obligate any funds described in paragraph (1) or amounts described in paragraph (2) before the date that is 30 days after the notification submitted under paragraph (1) or paragraph (2)(B), as the case may be, unless the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives each approve in writing the obligation of those funds or amounts.''. (3) Notification requirements.-- (A) Committees required.--Subsection (d)(1) of such section is amended by striking ``each committee'' and inserting ``the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives''. (B) Use of amounts from bid savings.--Subsection (d)(2)(B) of such section is amended by adding at the end the following new clause: ``(iv) With respect to the major construction project that is the source of the bid savings-- ``(I) the amounts already obligated or available in the project reserve for such project; ``(II) the percentage of such project that has been completed; and ``(III) the amount of such bid savings that is already obligated or otherwise being used for a purpose other than such project.''. (e) Quarterly Report on Super Construction Projects.-- (1) In general.--At the end of subchapter I of chapter 81 of title 38, United States Code, insert the following new section: ``Sec. 8120. Quarterly report on super construction projects ``(a) Quarterly Reports Required.--Not later than 30 days after the last day of each fiscal quarter the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives on the super construction projects carried out by the Secretary during such quarter. Each such report shall include, for each such project-- ``(1) the budgetary and scheduling status of the project, as of the last day of the quarter covered by the report; and ``(2) the actual cost and schedule variances of the project, as of such day, compared to the planned cost and schedules for the project. ``(b) Super Construction Project Defined.--In this section, the term `super construction project' has the meaning given such term in section 8103(a)(4)(C) of this title.''. (2) Clerical amendment.--The table of sections at the beginning of the chapter is amended by adding at the end of the items relating to such subchapter the following new item: ``8120. Quarterly report on super construction projects.''. (f) Accelerated Master Planning for Each Medical Facility of the Department of Veterans Affairs.-- (1) Existing facilities.--Not later than December 31, 2016, the Secretary of Veterans Affairs shall complete a master plan described in paragraph (3) for each medical facility of the Department of Veterans Affairs. (2) New facilities.--For each medical facility of the Department for which construction is completed after the date of the enactment of this Act, the Secretary shall complete a master plan described in paragraph (3) for the facility by not later than the earlier of the following dates: (A) The date on which activation is completed. (B) The date of the formal dedication of the facility. (3) Master plan described.--A master plan described in this paragraph is, with respect to a medical facility of the Department, a plan to inform investment decisions and funding requests over a 10-year period for construction projects at such medical facility-- (A) to meet the health care needs of a changing veteran population through a combination of health care from the Department and other community resources; and (B) to maximize the best use of the land and structures comprising such medical facility. SEC. 3. CLARIFICATION OF DISTANCE REQUIREMENT FOR EXPANDED AVAILABILITY OF HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS THROUGH THE USE OF AGREEMENTS WITH NON-DEPARTMENT OF VETERANS AFFAIRS ENTITIES. (a) In General.--Section 101(b)(2) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is amended-- (1) in subparagraph (B), by inserting ``(as calculated based on distance traveled)'' after ``40 miles''; and (2) in subparagraph (D)(ii), by striking subclause (II), and inserting the following new subclause (II): ``(II) faces an unusual or excessive burden in traveling to such a medical facility of the Department based on-- ``(aa) geographical challenges; ``(bb) environmental factors, such as roads that are not accessible to the general public, traffic, or hazardous weather; ``(cc) a medical condition that impacts the ability to travel; or ``(dd) other factors, as determined by the Secretary.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to care or services provided on or after such date. SEC. 4. MODIFICATION OF AUTHORIZATION OF FISCAL YEAR 2008 MAJOR MEDICAL FACILITY PROJECT AT DEPARTMENT MEDICAL CENTER IN TAMPA, FLORIDA. In chapter 3 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2326), in the matter under the heading ``Department of Veterans Affairs-Departmental Administration- Construction, Major Projects'', after ``Five Year Capital Plan'' insert the following: ``and for constructing a new bed tower at the Department of Veterans Affairs medical center in Tampa, Florida, in lieu of providing bed tower upgrades at such medical center''. SEC. 5. AUTHORIZATION OF FISCAL YEAR 2015 MAJOR MEDICAL FACILITY PROJECTS. (a) Authorization.--The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2015, with each project to be carried out in an amount not to exceed the amount specified for that project: (1) Construction of a community living center, outpatient clinic, renovated domiciliary, and renovation of existing buildings in Canandaigua, New York, in an amount not to exceed $158,980,000. (2) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $126,100,000. (3) Seismic correction of 12 buildings in West Los Angeles, California, in an amount not to exceed $70,500,000. (4) Construction of a spinal cord injury building and seismic corrections in San Diego, California, in an amount not to exceed $205,840,000. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2015 or the year in which funds are appropriated for the Construction, Major Projects, account, a total of $561,420,000 for the projects authorized in subsection (a). SEC. 6. PERMANENT AUTHORITY FOR EXPANDED AVAILABILITY OF HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS THROUGH THE USE OF AGREEMENTS WITH NON-DEPARTMENT OF VETERANS AFFAIRS ENTITIES. (a) In General.--Section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is amended-- (1) by striking subsection (p); and (2) by redesignating subsections (q) through (s) as subsections (p) through (r), respectively. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (i)(2), by striking ``is authorized to carry out this section pursuant to subsection (p)'' and inserting ``carries out this section''; and (2) in subsection (q)(2), by striking subparagraph (F). SEC. 7. SENSE OF CONGRESS REGARDING VETERANS CHOICE FUND. Section 802(e) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 128 Stat. 1803) is amended by striking ``for each of fiscal years 2015 through 2017''.", "summary": "Construction Reform, Authorization, and Choice Improvement Act of 2015 This bill requires the Department of Veterans Affairs (VA) to: (1) enter into an agreement with an appropriate non-VA entity to provide full project management services for a super construction project; and (2) use industry standards, standard designs, and best practices in carrying out medical facility construction. A super construction project is one for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million (but does not include an acquisition by exchange). The VA is prohibited from: obligating or expending funds for advance planning or design for any super construction project until 60 days after congressional notification, obligating funds for a major medical facility project or a super construction project by more than 10% of the amount approved by law unless certain congressional committees each approve the obligation, and using bid savings amounts or funds for other than their original purpose before 30 days after notifying such committees unless each committee approves the obligation. The VA must complete a master plan for each VA medical facility meeting specified requirements to inform investment decisions and funding requests over a 10-year period for construction projects at the facility. The 40-mile distance requirement for a veteran to use a non-VA medical facility under the veterans choice program of the Veterans Access, Choice, and Accountability Act of 2014 means 40 miles calculated on the basis of distance traveled. The VA may carry out the following major medical facility projects in FY2015 (with each project not to exceed specified amounts): construction of a community living center, outpatient clinic, renovated domiciliary, and renovation of existing buildings in Canandaigua, New York; seismic corrections to the mental health and community living center in Long Beach, California; seismic correction of 12 buildings in West Los Angeles, California; and construction of a spinal cord injury building and seismic corrections in San Diego, California. VA authority to make medical services and hospital care available for eligible veterans through agreements with non-VA entities shall now be permanent. The sense of Congress regarding the Veterans Choice Fund is revised."}
{"article": "SECTION 1. DIVIDENDS OF INDIVIDUALS TAXED AT CAPITAL GAIN RATES. (a) In General.--Section 1(h) of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended by adding at the end the following new paragraph: ``(13) Dividends taxed as net capital gain.-- ``(A) In general.--For purposes of this subsection, the term `net capital gain' means net capital gain (determined without regard to this paragraph), increased by qualified dividend income. ``(B) Qualified dividend income.--For purposes of this paragraph-- ``(i) In general.--The term `qualified dividend income' means dividends received from domestic corporations during the taxable year. ``(ii) Certain dividends excluded.--Such term shall not include-- ``(I) any dividend from a corporation which for the taxable year of the corporation in which the distribution is made, or the preceding taxable year, is a corporation exempt from tax under section 501 or 521, ``(II) any amount allowed as a deduction under section 591 (relating to deduction for dividends paid by mutual savings banks, etc.), and ``(III) any dividend described in section 404(k). ``(iii) Minimum holding period.--Such term shall not include any dividend on any share of stock with respect to which the holding period requirements of section 246(c) are not met. ``(C) Special rules.-- ``(i) Amounts taken into account as investment income.--Qualified dividend income shall not include any amount which the taxpayer takes into account as investment income under section 163(d)(4)(B). ``(ii) Nonresident aliens.--In the case of a nonresident alien individual, subparagraph (A) shall apply only-- ``(I) in determining the tax imposed for the taxable year pursuant to section 871(b) and only in respect of amounts which are effectively connected with the conduct of a trade or business within the United States, and ``(II) in determining the tax imposed for the taxable year pursuant to section 877. ``(iii) Treatment of dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of dividends from regulated investment companies and real estate investment trusts, see sections 854 and 857.'' (b) Exclusion of Dividends From Investment Income.--Subparagraph (B) of section 163(d)(4) of the Internal Revenue Code of 1986 (defining net investment income) is amended by adding at the end the following flush sentence: ``Such term shall include qualified dividend income (as defined in section 1(h)(13)(B)) only to the extent the taxpayer elects to treat such income as investment income for purposes of this subsection.'' (c) Treatment of Dividends From Regulated Investment Companies.-- (1) Subsection (a) of section 854 of the Internal Revenue Code of 1986 (relating to dividends received from regulated investment companies) is amended by inserting ``section 1(h)(13) (relating to maximum rate of tax on dividends and interest) and'' after ``For purposes of''. (2) Paragraph (1) of section 854(b) of such Code (relating to other dividends) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Maximum rate under section 1(h).-- ``(i) In general.--If the aggregate dividends received by a regulated investment company during any taxable year is less than 95 percent of its gross income, then, in computing the maximum rate under section 1(h)(13), rules similar to the rules of subparagraph (A) shall apply. ``(ii) Gross income.--For purposes of clause (i), in the case of 1 or more sales or other dispositions of stock or securities, the term `gross income' includes only the excess of-- ``(I) the net short-term capital gain from such sales or dispositions, over ``(II) the net long-term capital loss from such sales or dispositions.'' (3) Subparagraph (C) of section 854(b)(1) of such Code, as redesignated by paragraph (2), is amended by striking ``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''. (4) Paragraph (2) of section 854(b) of such Code is amended by inserting ``the maximum rate under section 1(h)(13) and'' after ``for purposes of''. (d) Treatment of Dividends Received From Real Estate Investment Trusts.--Section 857(c) of the Internal Revenue Code of 1986 (relating to restrictions applicable to dividends received from real estate investment trusts) is amended to read as follows: ``(c) Restrictions Applicable To Dividends Received From Real Estate Investment Trusts.--For purposes of section 1(h)(13) (relating to maximum rate of tax on dividends) and section 243 (relating to deductions received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered a dividend.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.", "summary": "Amends the Internal Revenue Code to provide that dividend income shall be taxed as net capital gain."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Sand Dunes National Recreation Area Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means land owned and managed by the Bureau of Land Management in Washington County in the State. (2) Map.--The term ``map'' means the map prepared by the Bureau of Land Management entitled ``Hurricane Sand Dunes National Recreation Area'' and dated November 14, 2014. (3) Non-federal land.--The term ``non-Federal land'' means the State land identified on the map as State land. (4) Proposed exchange parcel.--The term ``proposed exchange parcel'' means the approximately 1,205 acres of Bureau of Land Management land identified on the map as ``Proposed Exchange Parcel''. (5) Recreation area.--The term ``Recreation Area'' means the Hurricane Sand Dunes National Recreation Area established by section 3(a). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Utah. SEC. 3. HURRICANE SAND DUNES NATIONAL RECREATION AREA, UTAH. (a) Designation.--There is established in the State the Hurricane Sand Dunes National Recreation Area to provide for-- (1) the enhancement of recreational uses; and (2) the use of off-highway vehicles. (b) Boundary.-- (1) In general.--The Recreation Area shall consist of the approximately 18,447 acres of Bureau of Land Management land in the State identified on the map as ``Open OHV Area''. (2) Exclusion.--The proposed exchange parcel shall be excluded from the Recreation Area. (c) Administration of Recreation Area and Proposed Exchange Parcel.--The Secretary, acting through the Director of the Bureau of Land Management, shall-- (1) administer the Recreation Area and proposed exchange parcel-- (A) in accordance with-- (i) the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) applicable land use plans; and (B) consistent with the administration of the Sand Mountain Open OHV Area, as in existence on the day before the date of enactment of this Act; and (2) only allow uses of the Recreation Area that are consistent with the purposes described in subsection (a). (d) Fish and Wildlife.--Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent Management.--Nothing in this section creates any protective perimeter or buffer zone around the Recreation Area. (f) Use of Off-Highway Vehicles.--The land described in subsection (b)(1) shall remain open, in perpetuity, to the use of off-highway vehicles. SEC. 4. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. (a) In General.--If the State offers to convey to the United States title to the non-Federal land, the Secretary shall-- (1) accept the offer; and (2) on receipt of all right, title, and interest in and to the non-Federal land, convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Valid Existing Rights.--The exchange authorized under subsection (a) shall be subject to valid existing rights. (c) Title Approval.--Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format acceptable to the Secretary and the State. (d) Appraisals.-- (1) In general.--The value of the Federal land and the non- Federal land to be exchanged under this section shall be determined by appraisals conducted by 1 or more independent appraisers retained by the State, with the consent of the Secretary. (2) Applicable law.--The appraisals under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions. (3) Approval.--The appraisals conducted under paragraph (1) shall be submitted to the Secretary and the State for approval. (e) Equal Value Exchange.-- (1) In general.--The value of the Federal land and non- Federal land to be exchanged under this section-- (A) shall be equal; or (B) shall be made equal in accordance with paragraph (2). (2) Equalization.-- (A) Surplus of federal land.--If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State-- (i) by reducing the acreage of the Federal land to be conveyed; or (ii) by adding additional State land to the non-Federal land to be conveyed. (B) Surplus of non-federal land.--If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized by reducing the acreage of the non-Federal land to be conveyed, as determined to be appropriate and acceptable by the Secretary and the State. (f) Status and Management of Non-Federal Land.--On conveyance to the Secretary, the non-Federal land shall, in accordance with section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 1716(c)), be added to, and administered by the Secretary as part of, the Recreation Area.", "summary": "Hurricane Sand Dunes National Recreation Area Act of 2014 - Establishes the Hurricane Sand Dunes National Recreation Area in Utah to provide for the enhancement of recreational uses and the use of off-highway vehicles. Provides for the conveyance of federal lands in Washington County in an equal-value exchange for certain state lands identified on a Bureau of Land Management (BLM) map for the area dated November 14, 2014."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Land Management Participation Act of 1997''. SEC. 2. PURPOSE. The purpose of this Act is to ensure that the public and the Congress have both the right and a reasonable opportunity to participate in decisions that affect the use and management of all public lands owned or controlled by the Government of the United States. SEC. 3. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLE IN DECLARATION OF NATIONAL MONUMENTS. The Antiquities Act (16 U.S.C. 431a) is amended by adding the following new section: ``Sec. 431b. Public and congressional roles in national monument declarations ``(a) The Secretaries of the Interior and Agriculture shall provide an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the declaration of national monuments upon the lands owned or controlled by the Government of the United States pursuant to the authority of the Antiquities Act (16 U.S.C. 431). ``(b) In addition, the Secretary of the Interior and Agriculture shall, prior to any recommendations for declaration of an area-- ``(1) ensure compliance with all applicable federal land management and environmental statutes, including the National Environmental Policy Act (40 U.S.C. 4321-4370d); ``(2) cause mineral surveys to be conducted by the Geological Survey to determine the mineral values, if any, that may be present in such areas; ``(3) identify all existing rights held on federal lands contained within such areas by type and acreage; and ``(4) identify all State lands contained within such areas. ``(c) After such reviews and mineral surveys, the Secretary of the Interior or Agriculture shall report to the President his recommendations as to what lands owned or controlled by the Government of the United States warrant declaration as a national monument. ``(d) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to declaration as national monuments of each such area, together with a map thereof and a definition of its boundaries. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. After the effective date of the Public Land Management Participation Act, a recommendation of the President for declaration of a national monument shall become effective only if so provided by an Act of Congress.''. SEC. 4. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1) is amended-- (1) in subsection (a) in the first sentence, by-- (A) inserting ``(in this section referred to as the Convention)'' after ``1973''; and (B) inserting ``and subject to subsections (b), (c), (d), (e), and (f)'' before the period at the end; (2) in subsection (b) in the first sentence, by inserting ``, subject to subsection (d),'' after ``shall''; and (3) adding at the end the following new subsections: ``(d) If the area proposed for designation is not wholly contained within an existing unit of the National Park System, the Secretary of the Interior and Agriculture: ``(1) Shall provide an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention. ``(2) After such review, the Secretary of the Interior or Agriculture shall report to the President his recommendations as to what lands owned by the United States warrant inclusion on the World Heritage List pursuant to the Convention. ``(3) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to the designation of any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. After the effective date of Public Land Participation Management Act, a recommendation of the Presisident for designation of any lands owned by the United States for inclusion on the World Heritage List shall become effective only if so provided by an Act of Congress. ``(e) The Secretary of the Interior or Agriculture shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention unless-- ``(1) the Secretary has submitted to the Speaker of the House and the President of the Senate a report describing the necessity for including that property on the list; and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress enacted after the date that report is submitted. ``(f) The Secretary of the Interior and Agriculture shall submit an annual report on each World Heritage Site within the United States to the chairman and ranking minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains the following information for each site: ``(1) An accounting of all money expended to manage the site. ``(2) A summary of Federal full-time-equivalent hours related to management of the site. ``(3) A list and explanation of all nongovernmental organizations contributing to the management of the site. ``(4) A summary and account of the disposition of complaints received by the Secretary related to management of the site.''. SEC. 5. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN THE DESIGNATION OF UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following new section: ``Sec. 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(b) Any designation of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve is specifically authorized by an Act of Congress. ``(c) The Secretary of the Interior and Agriculture shall provide an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any lands owned by the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(d) After such review, the Secretary of the Interior or Agriculture shall report to the President his recommendations as to what lands owned by the United States warrant inclusion as a Biosphere Reserve. ``(e) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to the designation of any lands owned by the United States for inclusion as a Biosphere Reserve. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. After the effective date of the Public Land Participation Management Act, a recommendation of the President for declaration of a Biosphere Reserve shall become effective only if so provided by an Act of Congress. ``(f) The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains the following information for each reserve: ``(1) An accounting of all money expended to manage the reserve. ``(2) A summary of Federal full time equivalent hours related to management of the reserve. ``(3) A list and explanation of all nongovernmental organizations contributing to the management of the reserve. ``(4) A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.''", "summary": "Public Land Management Participation Act of 1997 - Amends the Antiquities Act to require the Secretaries of the Interior and Agriculture to provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the declaration of national monuments upon federally owned or controlled lands. Requires the Secretaries, prior to making any recommendations for declaration of an area, to: (1) ensure compliance with all applicable Federal land management and environmental statutes; (2) cause mineral surveys to be conducted by the Geological Survey to determine the mineral values that may be present in such areas; (3) identify all existing rights held on Federal lands contained within such areas; and (4) identify all State lands contained within such areas. Requires: (1) either Secretary, after such reviews and mineral surveys, to report his or her recommendations as to what federally owned or controlled lands warrant declaration as a national monument to the President; and (2) the President to advise the President of the Senate and the Speaker of the House of Representatives of the President's recommendations, together with maps of the monuments and definitions of their boundaries. (Sec. 4) Amends the National Historic Preservation Act Amendments of 1980 to provide that if an area is not wholly contained within an existing National Park System unit, the Secretaries shall provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any federally owned lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage. Requires: (1) either Secretary, after such review, to report his or her recommendations as to what federally owned lands warrant such inclusion to the President; and (2) the President to advise the President of the Senate and the Speaker of the House of the President's recommendations with respect to the designation of any federally owned lands for such inclusion. Requires either Secretary to object to the inclusion of any property on the list unless the Secretary: (1) has submitted to the Speaker and the President of the Senate a report describing the necessity for including that property on the list; and (2) is specifically authorized to assent to such inclusion by a joint resolution of the Congress enacted after the date that report is submitted. Requires the Secretaries to report annually to specified congressional committees on each World Heritage Site within the United States. (Sec. 5) Prohibits: (1) Federal officials from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization; and (2) any designation of such a Reserve from having or being given any force or effect unless specifically authorized by an Act of Congress. Requires the Secretaries to provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to such designation. Requires: (1) after such review, either Secretary to report his or her recommendations as to what federally owned lands warrant such inclusion to the President; and (2) the President to advise the President of the Senate and the Speaker of the House of his recommendations with respect to the designation of any federally owned lands for inclusion as a Biosphere Reserve. Requires the Secretary of State to report annually to specified congressional committees on each Biosphere Reserve within the United States. Provides that any recommendation of the President for declaration of land as a national monument, inclusion of land on the World Heritage List, or inclusion of land as a Biosphere Reserve shall become effective only if so provided by an Act of Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International and Foreign Language Studies Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In recent years, foreign language needs have significantly increased throughout the Federal Government due to the presence of a wider range of security threats, the emergence of new nation states, and the globalization of the United States economy. (2) Likewise, American businesses increasingly need internationally and multiculturally experienced employees to compete in the global economy and to manage a culturally diverse workforce. (3) Currently, the Federal Government requires 34,000 employees with foreign language skills across more than 70 Federal agencies. (4) Federal agency officials have stated that, over the years, translator and interpreter shortfalls have adversely affected agency operations and hindered United States military, law enforcement, intelligence, counterterrorism, and diplomatic efforts. (5) In a 2002 General Accounting Office report, the United States Army reported that it was experiencing serious shortfalls of translators and interpreters in 5 of its 6 critical languages: Arabic, Korean, Mandarin Chinese, Persian- Farsi, and Russian. (6) The number of Foreign Language and Area Studies Fellowships awarded in 2003 was 30 percent less than the number awarded at its high point in 1967. (7) In the 2000-2001 school year, the number of foreign language degrees conferred was 1 percent of the total undergraduate degrees conferred, less than .05 percent of the total masters degrees conferred, and 1 percent of the total doctoral degrees conferred. (8) In the 2003 National Survey of Student Engagement, only \\2/5\\ of undergraduates reported taking foreign language coursework, while only 1 in 5 reported having studied abroad. (9) Only 1 percent of all United States undergraduates studied abroad in the 2001-2002 school year. (10) In 2002, 79 percent of Americans agreed that students should have a study-abroad experience sometime during college. (11) More than 40 percent of Americans said they were more likely to favor an increase in State funding for foreign language education at their local college or university after September 11, 2001. SEC. 3. REFERENCES. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 4. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND PROGRAMS. Section 602 (20 U.S.C. 1122) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (G), by striking ``and'' after the semicolon; (B) in subparagraph (H), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(I) support for instructors of the less commonly taught languages.''; (2) in subsection (b)-- (A) in the subsection heading, by inserting ``and Undergraduate'' after ``Graduate''; and (B) by striking paragraph (2) and inserting the following: ``(2) Eligible student.--A student receiving a stipend described in paragraph (1) shall be engaged-- ``(A) in an instructional program with stated performance goals for functional foreign language use or in a program developing such performance goals, in combination with area studies, international studies, or the international aspects of a professional studies program; and ``(B)(i) in the case of an undergraduate student, in the intermediate or advanced study of a less commonly taught language; or ``(ii) in the case of a graduate student, in graduate study work in connection with a program described in subparagraph (A), including predissertation level study, preparation for dissertation research, dissertation research abroad, or dissertation writing.''; and (3) by striking subsection (d) and inserting the following: ``(d) Allowances.-- ``(1) Graduate level recipients.--A stipend awarded to a graduate level recipient may include allowances for dependents and for travel for research and study in the United States and abroad. ``(2) Undergraduate level recipients.--A stipend awarded to an undergraduate level recipient may include an allowance for educational programs in the United States or abroad that-- ``(A) are closely linked to the overall goals of the recipient's course of study; and ``(B) have the purpose of promoting foreign language fluency and cultural knowledge.''. SEC. 5. USE OF FUNDS IN UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAMS. Section 604 (20 U.S.C. 1124) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) by redesignating subparagraphs (I) through (M) as subparagraphs (J) through (N), respectively; and (ii) by inserting after subparagraph (H) the following: ``(I) providing subgrants to undergraduate students for educational programs abroad that-- (i) are closely linked to the overall goals of the program for which the grant is awarded; and (ii) have the purpose of promoting foreign language fluency and cultural knowledge;''; and (B) by adding at the end the following: ``(9) Limitation on undergraduate grants.--An institution of higher education, a combination of such institutions, or a partnership awarded a grant under this section shall use not more than 10 percent of the grant funds for the use described in paragraph (2)(I).''; and (2) by striking subsection (c). SEC. 6. AUTHORIZED ACTIVITIES. Section 605(a) (20 U.S.C. 1125(a)) is amended-- (1) in paragraph (8), by striking ``and'' after the semicolon; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(10) the systematic collection, analysis, and dissemination of data that contribute to achieving the purposes of this part.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 610 (20 U.S.C. 1128b) is amended by striking ``$80,000,000 for fiscal year 1999'' and inserting ``$120,000,000 for fiscal year 2005''.", "summary": "International and Foreign Language Studies Act of 2004 - Amends the Higher Education Act of 1965 (HEA) to revise provisions for international and foreign language studies (part A of title VI, international education). Includes support for instructors of less commonly taught languages among activities of national language and area centers and programs. Makes undergraduate students eligible for fellowships for foreign language and area or international studies (in addition to graduate students under current law). Allows a portion of funds for undergraduate international studies and foreign language programs to be used for subgrants to undergraduate students for educational programs abroad that promote foreign language literacy and cultural knowledge and are closely linked to grant program goals. Authorizes the Secretary of Education to support data collection, analysis, and dissemination that helps achieve part A purposes. Extends and increases the authorization of appropriations for part A."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Island Sound Protection Act''. SEC. 2. PROHIBITION ON DUMPING OF DREDGED MATERIAL. Section 106 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1416) is amended by striking subsection (f) and inserting the following: ``(f) Prohibition on Dumping of Dredged Material.-- ``(1) Definitions.--In this subsection: ``(A) Covered body of water.--The term `covered body of water' means-- ``(i) Long Island Sound; ``(ii) Fisher's Island Sound; ``(iii) Block Island Sound; ``(iv) Peconic Bay; and ``(v) any harbor or tributary of a body of water described in any of clauses (i) through (iv). ``(B) Covered project.--The term `covered project' means-- ``(i) any Federal dredging project (or any project conducted for a Federal agency pursuant to Federal authorization); ``(ii) a dredging project carried out by a non-Federal entity that results in the production of more than 25,000 cubic yards of dredged material; and ``(iii) any of 2 or more dredging projects carried out by 1 or more non-Federal entities in a covered body of water, simultaneously or sequentially within a 180-day period, that result, in the aggregate, in the production of more than 25,000 cubic yards of dredged material. ``(C) Plan.--The term `plan' means the dredged material management plan required under paragraph (5). ``(2) Prohibition.--No dredged material from any covered project shall be dumped, or transported for the purpose of dumping, into any covered body of water unless and until the dredged material is determined by the Administrator-- ``(A) to have, or to cause (including through bioaccumulation), concentrations of chemical constituents that are not greater than those concentrations present in the water column, sediments, and biota of areas proximate to, but unaffected by, the proposed disposal site; and ``(B) to meet all requirements under this title (including the trace contaminant provision under section 227.6 of title 40, Code of Federal Regulations (or a successor regulation), and requirements under other regulations promulgated under section 108). ``(3) Designation of sites.--No dredged material shall be dumped, or transported for the purpose of dumping, into any covered body of water except-- ``(A) at a site designated by the Administrator in accordance with section 102(c); and ``(B) upon a determination by the Administrator, following approval of the plan required under paragraph (5)(F), that no feasible alternative to ocean disposal, including sediment remediation, beneficial reuse, and land-based alternatives, is available prior to the time of designation. ``(4) Relationship to other law.-- ``(A) In general.--Except as provided in subparagraph (B), this title applies to each covered body of water. ``(B) Exception.--No waiver under section 103(d) shall be available for the dumping of dredged material in any covered body of water. ``(5) Dredged material management plan.-- ``(A) In general.--Before designation of any dredged material disposal site in a covered body of water, the Secretary and the Administrator, in consultation with the United States Fish and Wildlife Service, the National Marine Fisheries Service, the Coast Guard, and the States of Connecticut and New York, shall-- ``(i) develop a dredged material management plan for the management of all dredged sediment in the covered bodies of water; and ``(ii) submit the plan to Congress and the Governors of the States of Connecticut and New York. ``(B) Objectives.--The objectives of the plan shall be-- ``(i) to identify sources, quantities, and the extent of contamination of dredged material that requires disposal; ``(ii) to determine management actions that are to be taken to reduce sediment and contaminant loading of dredged areas; ``(iii) to thoroughly assess alternative locations, treatment technologies, and beneficial uses for dredged material; ``(iv) to ensure that dumping is the disposal option of last resort for dredged material and is used only after all other options have been exhausted; ``(v) to secure-- ``(I) alternative methods of disposal of dredged materials, including decontamination technologies; and ``(II) alternative uses of materials, including upland disposal, containment, beach nourishment, marsh restoration, habitat construction, and other beneficial reuses; and ``(vi) to confirm the specific roles of Federal, State, and local agencies with respect to various aspects of dredged material management. ``(C) Requirements.--The plan shall include environmental, economic, and other analysis required to meet the objectives listed in subparagraph (B), including-- ``(i) an analysis of strategies to reduce sediment loading of harbors and navigation areas; ``(ii) an analysis of sources of sediment contamination, including recommendations for management measures to limit or reduce those contamination sources; ``(iii) an analysis of options for reducing dredging needs through modification of navigation strategies; ``(iv) an analysis of decontamination technologies, including subsequent alternative uses of decontaminated materials (such as upland disposal, containment, beach nourishment, marsh restoration, and habitat construction); and ``(v) a program for use of alternative methods of disposal and use of dredged material, including alternatives to dumping or dispersal in a covered body of water. ``(D) Public input.--The Secretary and the Administrator shall-- ``(i) during the development of the plan, hold in the States of Connecticut and New York a series of public hearings on the plan; and ``(ii) append to the plan a summary of the public comments received. ``(E) Support.--Each of the Federal agencies referred to in subparagraph (A) shall provide such staff support and other resources as are necessary to carry out this paragraph. ``(F) Approval by connecticut and new york.-- ``(i) In general.--Not later than 60 days after the date of receipt of the plan, the Governors of the States of Connecticut and New York shall notify the Secretary and the Administrator of whether the States approve or disapprove the plan. ``(ii) Dumping of dredged material.--No dredged material from a covered project may be dumped, or transported for the purpose of dumping, in any covered body of water unless the dredged material-- ``(I) conforms to a plan that has been approved by the Governors of the States of Connecticut and New York; and ``(II) is to be dumped in a dredged material disposal site designated by the Administrator under this title. ``(iii) Finality.--No dredged material disposal plan shall become final until the plan has been approved by the States of Connecticut and New York under clause (i). ``(iv) Previously designated sites.--No dredged material disposal site in any covered body of water that was designated before the date of enactment of this clause shall be used for dumping of dredged material from a covered project until the plan has been approved by the States of Connecticut and New York under clause (i). ``(G) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2005 and 2006.''.", "summary": "Long Island Sound Protection Act - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to revise requirements for the dumping of dredged material in Long Island Sound. Prohibits dredged material from any Federal or non-Federal dredging project from being dumped, or transported for the purpose of being dumped, into Long Island Sound, Fisher's Island Sound, Block Island Sound, or Peconic Bay (including any harbor or tributary of such bodies of water) until the dredged material is determined by the Administrator of the Environmental Protection Agency (EPA) to: (1) have, or to cause, concentrations of chemical constituents that are not greater than those concentrations present in the water column, sediments, and biota of areas proximate to, but unaffected by, the proposed disposal site; and (2) meet certain Federal dumping requirements. Prohibits dumping or transportation for dumping into any covered body of water, except at a site designated by the Administrator, and upon a determination that no feasible alternative to ocean disposal (including sediment remediation, beneficial reuse, and land-based alternatives) is available prior to the time of designation. Requires the Secretary of the Army and the Administrator, before designation of a dredged material disposal site in a covered body of water, to develop a dredged material management plan and to submit it to Congress and to the Governors of the States of Connecticut and New York for their approval."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lending Enhancement Through Necessary Due Process Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) Excessive and groundless litigation against innocent directors and officers of failed financial institutions is adversely affecting the national economy by creating an environment where bankers are reluctant to make loans. (2) The efforts by Federal banking regulators to impose liability on bank officials for good faith business decisions is impeding our banking system by making it difficult for financial institutions to attract officers and directors. (3) Since 1989, Federal regulators have used enhanced powers to pursue not only culpable individuals but also countless innocent people who are targeted because of their financial condition. (4) Tactics used by regulators to induce settlements include the threat of attachment of assets and the use of taxpayer-funded outside fee counsel to file lawsuits, the costs of which often bankrupt individuals trying to clear their names. (5) Reform of the banking laws are needed to curtail regulatory abuse and to ensure that directors and officers have due process protections and the ability to make good faith lending decisions. SEC. 3. FACTORS AND STANDARDS FOR CERTAIN ENFORCEMENT PROCEEDINGS. Section 8(i) of the Federal Deposit Insurance Act (12 U.S.C. 1818) is amended by adding at the end the following new paragraphs: ``(5) Affirmative defenses applicable with respect to certain administrative and judicial proceedings.--In the determination of whether any director, officer, or institution- affiliated party of an insured depository institution has committed any violation or breach of duty for purposes of this section or section 11(k), the following affirmative defenses shall be available to the director, officer, or institution- affiliated party in any civil action against the director, officer, or party before a Federal banking agency or a court of jurisdiction: ``(A) Business judgment.--A director, officer, or institution-affiliated party of an insured depository institution shall not be deemed to have committed any violation or breach of duty in the making of any business judgment (without regard to whether such business judgment is later determined to have been in error), if-- ``(i) in a case in which the director, officer, or institution-affiliated party had an interest in the subject of the business judgment, the director, officer, or party-- ``(I) disclosed that interest at or before the time the business judgment was made; or ``(II) abstained from any vote taken in connection with such business judgment or from otherwise participating in making the business judgment; ``(ii) at or before the time the business judgment was made, the director, officer, or institution-affiliated party made such inquiry about the subject of the business judgment as a reasonably prudent person would have made under the circumstances; ``(iii) after being put on reasonable notice of a need to act, the director, officer, or institution-affiliated party took such actions as a reasonably prudent person would have taken under the circumstances; and ``(iv) the director, officer, or institution-affiliated party acted in good faith. ``(B) Regulatory approval.--A director, officer, or institution-affiliated party of an insured depository institution shall not be deemed to have committed any violation or breach of duty if any examiner or other representative of an appropriate Federal banking agency or State bank supervisor, upon full and accurate disclosure of the relevant facts, approved the good faith practice, action, or omission which is alleged to be the violation or breach, whether or not such approval was communicated to the director, officer, or institution-affiliated party or any other person at such institution. ``(C) Unforeseeable economic conditions.--A director, officer, or institution-affiliated party of an insured depository institution shall not be deemed to have committed any violation or breach of duty if-- ``(i) unforeseeable economic conditions, which develop after the occurrence of the practice, action, or omission which is alleged to be a violation or breach, were the proximate cause of any loss experienced by the institution; and ``(ii) the director, officer, or institution-affiliated party acted in good faith. ``(6) Minimum standard for order of production of personal financial information.-- ``(A) In general.--Except as provided in subparagraph (B), a Federal banking agency, including the Resolution Trust Corporation in such corporation's capacity as conservator or receiver of an insured depository institution, may not seek to obtain, directly or indirectly, and no court (with respect to any request from any such agency or corporation) may order the production of, the personal financial records of any person for the agency unless the head of the agency or corporation (or the designee of the head of the agency or corporation), submits a written finding which is disclosed to such person and certified to an appropriate court of jurisdiction, and the court through a de novo finding determines, that the agency has reasonable cause to believe that-- ``(i) the person whose records are being sought has committed a violation for which a civil penalty may be imposed under paragraph (2) or has breached a duty owed to an insured depository institution; and ``(ii) the person's financial condition is undergoing or is likely, within 6 months of the date of the request for the production of financial records, to undergo a material change. ``(B) Exception.--Subparagraph (A) shall not apply with respect to a request for the production of financial records by an appropriate Federal banking agency of any person-- ``(i) in connection with an investigation of the person by the agency pursuant to section 7(j); or ``(ii) after an administrative or judicial determination, on a record after opportunity for agency hearing, that the person has committed a violation for which a civil penalty may be assessed under paragraph (2).''. SEC. 4. DUE PROCESS PROTECTIONS RELATING TO ATTACHMENT OF ASSETS. Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is amended-- (1) by striking subsection (i)(4)(B) and inserting the following new subparagraph: ``(B) Standard.-- ``(i) Showing.--Rule 65 of the Federal Rules of Civil Procedure shall apply with respect to any proceeding under subparagraph (A). ``(ii) State proceeding.--If, in the case of any proceeding in a State court, the court determines that rules of civil procedure available under the laws of such State provide substantially similar protections to such party's right to due process as Rule 65 of the Federal Rules of Civil Procedure, the relief sought under subparagraph (A) may be requested under the laws of such State.''; and (2) in subsection (b), by adding at the end the following new paragraph: ``(10) Standard for certain orders.--No authority under this subsection or subsection (c) to prohibit any institution- affiliated party from withdrawing, transferring, removing, dissipating, or disposing of any funds, assets, or other property may be exercised unless the agency meets the standards of Rule 65 of the Federal Rules of Civil Procedure.''. SEC. 5. DIRECTOR AND OFFICER LIABILITY. Section 11(k) of the Federal Deposit Insurance Act (12 U.S.C. 1821(k)) is amended by adding at the end the following new sentence: ``Notwithstanding the preceding sentence, a civil action for monetary damages for losses due to a disregard of a duty of care may not be brought against any director or officer of any insured depository institution by the Corporation in any capacity described in clause (1), (2), or (3) of the 1st sentence of this subsection under any provision of State law, unless the standard of disregard required to be demonstrated under such provision of law is as great or greater than the standard described in the 1st sentence.''.", "summary": "Lending Enhancement Through Necessary Due Process Act - Amends the Federal Deposit Insurance Act to make the following affirmative defenses available to a director, officer, or institution-affiliated party of an insured depository institution facing a civil action before a Federal banking agency or a court of jurisdiction: (1) business judgment; (2) regulatory approval; and (3) unforeseeable economic conditions. Sets forth a minimum standard for the order of production of personal financial information by a regulatory agency or court. Declares the Federal Rules of Civil Procedure relating to prejudgment attachment of assets applicable to Federal banking regulatory agencies. Prohibits the Federal Deposit Insurance Corporation from bringing a civil action under State law against an officer or director of an insured depository institution for monetary damages for losses due to a disregard of a duty of care unless the State standard for such duty is as great or greater than the Federal standard."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Health Care Protection Act of 1997''. SEC. 2. CLASSIFICATION AS RURAL REFERRAL CENTERS. (a) Prohibiting Denial of Request for Reclassification on Basis of Comparability of Wages.-- (1) In general.--Section 1886(d)(10)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(10)(D)) is amended-- (A) by redesignating clause (iii) as clause (iv); and (B) by inserting after clause (ii) the following new clause: ``(iii) Under the guidelines published by the Secretary under clause (i), in the case of a hospital which has ever been classified by the Secretary as a rural referral center under paragraph (5)(C), the Board may not reject the application of the hospital under this paragraph on the basis of any comparison between the average hourly wage of the hospital and the average hourly wage of hospitals in the area in which it is located.''. (2) Effective date.--Notwithstanding section 1886(d)(10)(C)(ii) of the Social Security Act, a hospital may submit an application to the Medicare Geographic Classification Review Board during the 60-day period beginning on the date of the enactment of this Act requesting a change in its classification for purposes of determining the area wage index applicable to the hospital under section 1886(d)(3)(D) of such Act for fiscal year 1998 if the hospital would be eligible for such a change in its classification under the standards described in section 1886(d)(10)(D) (as amended by paragraph (1)) but for its failure to meet the deadline for applications under section 1886(d)(10)(C)(ii). (3) Reference to budget neutrality provision.--For a requirement that the Secretary of Health and Human Services make a proportional adjustment in the Medicare standardized payment amounts for inpatient hospital services to assure that geographic reclassifications of hospitals resulting from this subsection do not result in an increase in aggregate payments under section 1886 of the Social Security Act, see subsection (d)(8)(D) of such section. (b) Continuing Treatment of Previously Designated Centers.-- (1) In general.--Any hospital classified as a rural referral center by the Secretary of Health and Human Services under section 1886(d)(5)(C) of the Social Security Act for fiscal year 1991 shall be classified as such a rural referral center for fiscal year 1998 and each subsequent fiscal year. (2) Budget neutrality.--The provisions of section 1886(d)(8)(D) of the Social Security Act shall apply to reclassifications made pursuant to paragraph (1) in the same manner as such provisions apply to a reclassification under section 1886(d)(10) of such Act. SEC. 3. HOSPITAL GEOGRAPHIC RECLASSIFICATION PERMITTED FOR PURPOSES OF DISPROPORTIONATE SHARE PAYMENT ADJUSTMENTS. (a) In General.--Section 1886(d)(10)(C)(i) of the Social Security Act (42 U.S.C. 1395ww(d)(10)(C)(i)) is amended-- (1) by striking ``or'' at the end of subclause (I); (2) by striking the period at the end of subclause (II) and inserting ``, or''; (3) by inserting after subclause (II) the following: ``(III) eligibility for and amount of additional payment amounts under paragraph (5)(F).''; and (4) by adding at the end the following: ``Any application approved for purposes of subclause (I) for a fiscal year is deemed to be approved for purposes of subclause (III) for that fiscal year.''. (b) Effective Date.--Notwithstanding section 1886(d)(10)(C)(ii) of the Social Security Act, a hospital may submit an application to the Medicare Geographic Classification Review Board during the 60-day period beginning on the date of the enactment of this Act requesting a change in its classification for purposes of determining the disproportionate share hospital payment applicable to the hospital under section 1886(d)(5)(F) of such Act for fiscal year 1998 if the hospital would be eligible for such a change in its classification under the guidelines described in subsection (c) of this section but for its failure to meet the deadline for applications under section 1886(d)(10(C)(ii). (c) Applicable Guidelines.--Such Board shall apply the guidelines established for reclassification under subclause (I) of section 1886(d)(10)(C)(i) of such Act to reclassification under subclause (III) of such section until the Secretary of Health and Human Services promulgates separate guidelines for reclassification under such subclause (III). (d) Reference to Budget Neutrality Provision.--For a requirement that the Secretary of Health and Human Services make a proportional adjustment in the medicare standardized payment amounts for inpatient hospital services to assure that geographic reclassifications of hospitals resulting from this section do not result in an increase in aggregate payments under section 1886 of the Social Security Act, see subsection (d)(8)(D) of such section. SEC. 4. PERMITTING REBASING OF PAYMENT FOR SOLE COMMUNITY HOSPITALS USING FISCAL YEARS 1994 AND 1995 COSTS. Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), by inserting ``subject to subparagraph (F),'' after ``subsection (d)(5)(D)(iii)),''; and (2) by adding at the end the following new subparagraph: ``(F) In applying subparagraph (C) with respect to discharges occurring in fiscal year 1998 and each subsequent fiscal year, in no case shall the target amount for a hospital for fiscal year 1998 be less than the average of-- ``(i) the allowable operating costs of inpatient hospital services recognized under this title for the hospital's 12- month cost reporting period (if any) beginning during fiscal year 1994 increased (in a compounded manner) by the applicable percentage increase under subparagraph (B)(iv) for each of fiscal years 1995, 1996, 1997, and 1998, and ``(ii) the allowable operating costs of inpatient hospital services recognized under this title for the hospital's 12- month cost reporting period (if any) beginning during fiscal year 1995 increased (in a compounded manner) by the applicable percentage increase under subparagraph (B)(iv) for each of fiscal years 1996, 1997, and 1998.''.", "summary": "Rural Health Care Protection Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act, with respect to a hospital which has ever been classified as a rural referral center, to prohibit denial of a request for its reclassification on the basis of any comparison between its average hourly wage and the average hourly wages of hospitals in the area in which it is located. Declares that any hospital classified as a rural referral center by the Secretary of Health and Human Services for FY 1991 shall be so classified for FY 1998 and each subsequent fiscal year. Permits hospital geographic reclassification for purposes of disproportionate share payment adjustments. Permits rebasing of Medicare payment for sole community hospitals using FY 1994 and 1995 costs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Balanced Trade Restoration Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since the 1990s, the United States has experienced record trade deficits that has made the United States the largest debtor country in the world. (2) In 2005, the merchandise trade deficit of the United States was a record $767,000,000,000, and in 2006, the merchandise trade deficit of the United States is projected to surpass the record set in 2005. (3) The surging trade deficits could soon create a balance of payments crisis for the United States, which could wreak havoc with the economy of the United States. (4) Article XII of the General Agreement on Tariff and Trade (GATT 1994), annexed to the Agreement Establishing the World Trade Organization entered into on April 15, 1994, permits any member country to restrict the quantity or value of imports in order to safeguard the external financial position and the balance of payments of the member country. (5) In accordance with Article XII of the GATT 1994, the United States should take steps to restore balance to its merchandise trade, and safeguard its external financial position and its balance of payments. (6) The imposition of import restrictions should be phased in to allow the economy of the United States to absorb the impact of import restrictions with minimal disruption. SEC. 3. DEFINITIONS. In this Act: (1) Balanced trade certificate; certificate.--The terms ``Balanced Trade Certificate'' and ``Certificate'' mean a certificate issued pursuant to section 4 that provides the holder of the certificate with a license to import into the United States a good with an appraised value that is equal to or less than the face value of the certificate. (2) Department.--The term ``Department'' means the Department of Commerce. (3) Oil or gas.--The term ``oil or gas'' means any good classifiable under-- (A) heading 2709 of the Harmonized Tariff Schedule of the United States (relating to petroleum oils and oils obtained from bituminous minerals, crude); (B) heading 2710 of the Harmonized Tariff Schedule of the United States (relating to petroleum oils and oils obtained from bituminous minerals, other than crude); and (C) heading 2711 of the Harmonized Tariff Schedule of the United States (relating to light oils and preparations). (4) Program.--The term ``Program'' means the Balanced Trade Certificate Program established under section 4. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 4. ESTABLISHMENT OF BALANCED TRADE PROGRAM. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall, in cooperation with the Secretary of Homeland Security, establish a Balanced Trade Certificate Program within the International Trade Administration of the Department. The purpose of the Program is to create gradually balance between the dollar value of goods imported into the United States and goods exported from the United States. (b) Regulatory Authority.--The Secretary, in cooperation with the Secretary of Homeland Security, shall promulgate regulations in accordance with section 5 that provide for-- (1) issuing Certificates to exporters; (2) collecting Certificates from importers; (3) valuing the Certificates issued and collected; and (4) trading Certificates. SEC. 5. OPERATION OF THE PROGRAM. (a) Exporters.-- (1) Issuance of certificates.--The Program established under section 4 shall provide for the issuance of a Certificate to any person who exports a good from the United States with a face value equivalent to a multiple of the appraised value of the good determined pursuant to paragraph (2). (2) Value of balanced trade certificates.-- (A) Determination of value.--The Secretary shall establish a system for the valuation of Certificates. To the extent practicable, the value of a Certificate shall be based upon the appraised value declared on the shipper's export declaration (SED), in accordance with subparagraph (B); (B) System of valuation.--The value of a Certificate shall be determined in accordance with the following table: If a Certificate is issued: The face value of the Certificate is an amount equal to: During the first year the Program is in 140% of the appraised value of the good exported. operation During the second year the Program is in 130% of the appraised value of the good exported. operation During the third year the Program is in 120% of the appraised value of the good exported. operation During the fourth year the Program is in 110% of the appraised value of the good exported. operation After the fourth year the Program is in 100% of the appraised value of the good exported operation (b) Importers.-- (1) Submission requirement.--Except as described in paragraph (5), any person who imports a good into the United States shall submit to the Secretary of Homeland Security, not later than 90 days after the date on which the good enters the United States, a Certificate with an aggregate face value equal to or greater than the appraised value of the good imported pursuant to paragraph (2). (2) Valuation of imported goods.--The Secretary shall establish a method for the valuation of goods imported into the United States. The method may include the use of the declared dollar value of the goods on the Entry Summary (United States Customs and Border Protection Form 7501). (3) Collection of certificates.--The Secretary shall establish a system for the collection of Certificates submitted by importers to the Secretary of Homeland Security. (4) Penalty for failure to supply certificates.--If a person imports a good into the United States and fails to submit a Certificate with an aggregate face value equal to, or greater than, the value of the good imported as required by paragraph (1), the Secretary of Homeland Security shall-- (A) suspend the person from importing any good until such time as a Certificate required by paragraph (1) is submitted; and (B) impose a penalty equal to 3 times the appraised value of the good imported. (5) Exception for oil or gas.-- (A) Adjustment period.--During the period that begins on the date of the enactment of this Act and ends 5 years after such date, paragraph (1) shall not apply to a person who imports oil or gas into the United States. (B) Gradual valuation.--At the end of the period described in subparagraph (A), any person who imports oil or gas into the United States shall submit to the Secretary of Homeland Security, not later than 90 days after the date on which the oil or gas enters the United States, a Certificate with an aggregate face value equal to, or greater than, the appraised value of the oil or gas imported pursuant to paragraph (2), adjusted in accordance with the following table: If the oil or gas is imported: The aggregate face value of the Certificate required to import the oil or gas is: During the sixth year the Program is in 60% of the appraised value of the oil or gas imported. operation During the seventh year the Program is in 70% of the appraised value of the oil or gas imported. operation During the eighth year the Program is in 80% of the appraised value of the oil or gas imported. operation During the ninth year the Program is in 90% of the appraised value of the oil or gas imported. operation After the ninth year the Program is in 100% of the appraised value of the oil or gas imported. operation (c) Management of Certificates.-- (1) Certificates removed from circulation.--Upon the receipt of a Certificate from a person importing a good, the Secretary of Homeland Security, in cooperation with the Secretary, shall permanently remove the Certificate from circulation. (2) Transferability and limitation on validity of certificates.--A Certificate issued pursuant to this Act shall be-- (A) fully transferable; and (B) valid for 365 days from the date the Certificate is issued.", "summary": "Balanced Trade Restoration Act of 2006 - Directs the Secretary of Commerce to establish a Balanced Trade Certificate Program within the International Trade Administration of the Department of Commerce. Provides under such Program for the issuance of certificates to measure and control U.S. imports and exports to achieve a balance in the foreign trade of the United States. Exempts importers of oil or gas during the first five years of the program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Investment Account Act of 1999''. SEC. 2. ESTABLISHMENT OF INDIVIDUAL INVESTMENT ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. INDIVIDUAL INVESTMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction an amount equal to the aggregate amount paid in cash for the taxable year by such individual to an individual investment account established for the benefit of such individual. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Individual investment account.--The term `individual investment account' means a trust created or organized in the United States for the exclusive benefit of an individual, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted unless it is in cash. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in any collectible (as defined in section 408(m)). ``(D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution on the last day of a taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(c) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount distributed out of an individual investment account shall be included in gross income by the distributee unless such amount is part of a qualified 1st-time homebuyer distribution. ``(2) Qualified 1st-time homebuyer distribution.--For purposes of this subsection-- ``(A) In general.--The term `qualified 1st-time homebuyer distribution' means any payment or distribution received by a 1st-time homebuyer from an individual investment account to the extent such payment or distribution is used by the individual within 60 days to pay qualified acquisition costs with respect to a principal residence for such individual. ``(B) Dollar limitation.--The aggregate amount which may be treated as qualified 1st-time homebuyer distributions for all taxable years shall not exceed $15,000. ``(C) Basis reduction.--The basis of any principal residence described in subparagraph (A) shall be reduced by the amount of any qualified 1st-time homebuyer distribution. ``(D) Definitions.--For purposes of this paragraph-- ``(i) Qualified acquisition costs.--The term `qualified acquisition costs' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing, or other closing costs. ``(ii) 1st-time homebuyer.--The term `1st- time homebuyer' means any individual if such individual had no present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this paragraph applies. ``(iii) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(3) Transfer of account incident to divorce.--The transfer of an individual's interest in an individual investment account to his former spouse under a divorce decree or under a written instrument incident to a divorce shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest at the time of the transfer shall be treated as an individual investment account of such spouse and not of such individual. Thereafter such account shall be treated, for purposes of this subtitle, as maintained for the benefit of such spouse. ``(d) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--An individual investment account shall be exempt from taxation under this subtitle unless such account has ceased to be such an account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If, during any taxable year of the individual for whose benefit the individual investment account is established, that individual engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be an individual investment account as of the first day of that taxable year. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be an individual investment account by reason of subparagraph (A) on the first day of any taxable year, paragraph (1) of subsection (c) shall be applied as if there were a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year, an individual for whose benefit an individual investment account is established uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to that individual. ``(4) Rollover contributions.--Paragraph (1) shall not apply to any amount paid or distributed out of an individual investment account to the individual for whose benefit the account is maintained if such amount is paid into another individual investment account for the benefit of such individual not later than the 60th day after the day on which he receives the payment or distribution. ``(e) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2000, the dollar amount contained in subsection (c)(2)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `1999' for `1989' in subparagraph (B) thereof. ``(2) Rounding.--If any dollar amount (as increased under paragraph (1)) is not a multiple of $10, such dollar amount shall be increased to nearest multiple of $10 (or, if such dollar amount is a multiple of $5 and not of $10, such dollar amount shall be increased to next higher multiple of $10). ``(f) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute an individual investment account described in subsection (b). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(g) Reports.--The trustee of an individual investment account shall make such reports regarding such account to the Secretary and to the individual for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.'' (b) Deduction Allowed in Arriving at Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by adding after paragraph (17) the following new paragraph: ``(18) Individual investment account contributions.--The deduction allowed by section 222 (relating to individual investment accounts).'' (c) Individual Investment Accounts Exempt From Estate Tax.--Part III of subchapter A of chapter 11 of such Code is amended by redesignating section 2046 as section 2047 and by inserting after section 2045 the following new section: ``SEC. 2046. INDIVIDUAL INVESTMENT ACCOUNTS. ``Notwithstanding any other provision of law, there shall be excluded from the value of the gross estate the value of any individual investment account (as defined in section 222(b)). Section 1014 shall not apply to such account.'' (d) Nonrecognition of Gain on Sale of Principal Residence Where Amount Equal to Otherwise Taxable Gain Deposited Into Individual Investment Account.--Part III of subchapter B of chapter 1 of such Code is amended by inserting after section 121 the following new section: ``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE IF REINVESTMENT IN INDIVIDUAL INVESTMENT ACCOUNT. ``(a) General Rule.--Gross income does not include gain from the sale or exchange of property if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as his principal residence for periods aggregating 3 years or more. ``(b) Limitation.--The amount of gain excluded from gross income under subsection (a) shall not exceed the amount paid in cash (during the 1-year period beginning on the date of the sale or exchange) to an individual investment account (as defined in section 222(b)) established for the benefit of the taxpayer or his spouse. ``(c) Certain Rules On Ownership and Use To Apply.--Rules similar to the rules of section 121(d) shall apply for purposes of determining ownership and use under this section.'' (e) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(6) Special rule for individual investment accounts.--An individual for whose benefit an individual investment account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an individual investment account by reason of the application of section 222(d)(2)(A) to such account.''; and (2) in subsection (e)(1), by striking ``or'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G) and by inserting after subparagraph (E) the following new subparagraph: ``(F) an individual investment account described in section 222(b), or''. (f) Failure To Provide Reports on Individual Investment Accounts.-- Section 6693(a)(2) of such Code (relating to failure to provide reports on individual retirement account or annuities) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) section 222(g) (relating to individual investment accounts).'' (g) Adjustment of Basis of Residence Acquired Through Use of Account.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following new paragraph: ``(28) to the extent provided in section 222(c)(2)(C), in the case of a residence the acquisition of which was made in whole or in part with funds from an individual investment account.'' (h) Clerical Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 121 the following new item: ``Sec. 121A. Exclusion of gain from sale of principal residence if reinvestment in individual investment account.'' (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting the following: ``Sec. 222. Individual investment accounts. ``Sec. 223. Cross reference.'' (3) The table of sections for part III of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2046 and inserting the following new items: ``Sec. 2046. Individual investment accounts. ``Sec. 2047. Disclaimers.'' (i) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999.", "summary": "Exempts such accounts from estate tax. Excludes from gross income gain from the sale or exchange of property if, during the five-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as a principal residence for periods aggregating three years or more. Limits such exclusion to the amount paid to an individual investment account during the one-year period beginning on the date of the sale or exchange. Provides for adjusting the basis of a residence acquired through the use of an individual investment account."}
{"article": "entitled ``Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes'' approved March 24, 1976 (48 U.S.C. 1801 et seq.), is amended-- (1) by adding at the end the following new section: ``SEC. 7. LABELING OF TEXTILE FIBER PRODUCTS. ``(a) In General.--No textile fiber product shall have a stamp, tag, label, or other means of identification or substitute therefore on or affixed to the product stating `Made in the USA' or otherwise stating or implying that the product was made or assembled in the United States unless-- ``(1) each individual providing direct labor in production of such textile fiber product was paid a wage equal to or greater than the wage set by section 8; and ``(2) the product was manufactured in compliance with all Federal laws relating to labor rights and working conditions, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938. ``(b) A textile fiber product which does not comply with subsection (a) shall be deemed to be misbranded for purposes of the Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.). ``(c) Definition.--For purposes of this section the term `direct labor' includes any work provided to prepare, assemble, process, package, or transport a textile fiber product, but does not include supervisory, management, security, or administrative work.''; (2) by adding, after the new section added by paragraph (1), the following new section: ``SEC. 8. MINIMUM WAGE. ``The minimum wage provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the Northern Mariana Islands, except that-- ``(1) through December 31, 1997, the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall be $3.55 per hour; ``(2) on January 1, 1998, and on July 1 and January 1 of each year thereafter, the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall be $0.50 per hour more than the minimum wage that was applicable to the Commonwealth of the Northern Mariana Islands for the preceding six-month period until the minimum wage applicable to the Commonwealth of the Northern Mariana Islands is equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938; and ``(3) after the minimum wage applicable to the Commonwealth of the Northern Mariana Islands is equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938, pursuant to paragraph (2), the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall increase as necessary to remain equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938.''; and (3) by adding, after the new sections added by paragraphs (1) and (2), the following new section: ``SEC. 9. APPLICABILITY OF IMMIGRATION LAWS. ``Section 506(a) of the foregoing Covenant shall be construed and applied as if it included at the end the following subsection: ```(e)(1) For purposes of entry into the Northern Mariana Islands by any individual (but not for purposes of entry by an individual into the United States from the Northern Mariana Islands), the Immigration and Nationality Act shall apply as if the Northern Mariana Islands were a State (as defined in section 101(a)(36) of the Immigration and Nationality Act). The Attorney General, acting through the Commissioner of Immigration and Naturalization, shall enforce the preceding sentence. ```(2) Notwithstanding paragraph (1), with respect to an individual seeking entry into the Northern Mariana Islands for purposes of employment in the textile, hotel, tourist, or construction industry (including employment as a contractor), the Federal statutes and regulations governing admission to Guam of individuals described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act shall apply. Such statutes and regulations shall be so applied by substituting the term ``United States citizen, national, or resident workers'' for the term ``United States resident workers'', and by substituting the term ``the Northern Mariana Islands'' for the term ``Guam'' each place it appears. ```(3) When deploying personnel to enforce the provisions of this section, the Attorney General shall coordinate with, and act in conjunction with, State and local law enforcement agencies to ensure that such deployment does not degrade or compromise the law enforcement capabilities and functions currently performed by immigration officers.'.''. SEC. 4. REPORT. (a) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall include the results of the study required by subsection (b) in the annual report transmitted to Congress which is entitled ``Federal-CNMI Initiative on Labor, Immigration, and Law Enforcement''. (b) Study.--A study shall be conducted of the extent of human rights violations and labor rights violations in the Commonwealth of the Northern Mariana Islands, including the use of forced or indentured labor, and any efforts being taken by the government of the United States or the Commonwealth of the Northern Mariana Island to address or prohibit such violations. (c) Consultation Regarding Study.--Appropriate local government officials, law enforcement agencies, and non-governmental organizations active in instituting and protecting human and labor rights may be consulted when preparing and conducting the study required by subsection (b). SEC. 5. EFFECT ON OTHER LAW. The provisions of paragraph (1) of section 3 shall be in addition to, but shall not otherwise modify, the requirements of the Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.). SEC. 6. EFFECTIVE DATES. (a) Labeling of Textile Fiber Products; Immigration of Workers.-- The amendment made by paragraph (1) of section 3 and the provision of the amendment made by paragraph (3) of section 3 which is designated as ``(e)(2)'' shall take effect on the date of the enactment of this Act. (b) Minimum Wage.--The amendment made by paragraph (2) of section 3 shall take effect 30 days after the date of the enactment of this Act. (c) Immigration.--Except as provided in subsection (a), the amendment made by paragraph (3) of section 3 shall apply to individuals entering the Northern Mariana Islands after the expiration of the 6- month period beginning with the date of the enactment of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.", "summary": "Insular Fair Wage and Human Rights Act of 1997 - Amends Federal law to prohibit the affixation of the \"Made in the USA\" label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount; and (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938. Applies to the Northern Mariana Islands: (1) the Immigration and Nationality Act; and (2) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act. Requires a minimum wage through December 31, 1997, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938. Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, which shall be included in the Secretary of the Interior's annual Federal-CNMI Initiative on Labor Immigration, and Law Enforcement report to the Congress. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Allergy and Anaphylaxis Management Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Early childhood education program.--The term ``early childhood education program'' means-- (A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.); (B) a State licensed or regulated child care program or school; or (C) a State prekindergarten program that serves children from birth through kindergarten. (2) ESEA definitions.--The terms ``local educational agency'', ``secondary school'', ``elementary school'', and ``parent'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) School.--The term ``school'' includes public-- (A) kindergartens; (B) elementary schools; and (C) secondary schools. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT GUIDELINES. (a) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Education, shall-- (A) develop guidelines to be used on a voluntary basis to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs; and (B) make such guidelines available to local educational agencies, schools, early childhood education programs, and other interested entities and individuals to be implemented on a voluntary basis only. (2) Applicability of ferpa.--Each plan described in paragraph (1) that is developed for an individual shall be considered an education record for the purpose of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g). (b) Contents.--The voluntary guidelines developed by the Secretary under subsection (a) shall address each of the following, and may be updated as the Secretary determines necessary: (1) Parental obligation to provide the school or early childhood education program, prior to the start of every school year, with-- (A) documentation from their child's physician or nurse-- (i) supporting a diagnosis of food allergy, and any risk of anaphylaxis, if applicable; (ii) identifying any food to which the child is allergic; (iii) describing, if appropriate, any prior history of anaphylaxis; (iv) listing any medication prescribed for the child for the treatment of anaphylaxis; (v) detailing emergency treatment procedures in the event of a reaction; (vi) listing the signs and symptoms of a reaction; and (vii) assessing the child's readiness for self-administration of prescription medication; and (B) a list of substitute meals that may be offered to the child by school or early childhood education program food service personnel. (2) The creation and maintenance of an individual plan for food allergy management, in consultation with the parent, tailored to the needs of each child with a documented risk for anaphylaxis, including any procedures for the self- administration of medication by such children in instances where-- (A) the children are capable of self-administering medication; and (B) such administration is not prohibited by State law. (3) Communication strategies between individual schools or early childhood education programs and providers of emergency medical services, including appropriate instructions for emergency medical response. (4) Strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school or early childhood education program areas such as cafeterias. (5) The dissemination of general information on life- threatening food allergies to school or early childhood education program staff, parents, and children. (6) Food allergy management training of school or early childhood education program personnel who regularly come into contact with children with life-threatening food allergies. (7) The authorization and training of school or early childhood education program personnel to administer epinephrine when the nurse is not immediately available. (8) The timely accessibility of epinephrine by school or early childhood education program personnel when the nurse is not immediately available. (9) The creation of a plan contained in each individual plan for food allergy management that addresses the appropriate response to an incident of anaphylaxis of a child while such child is engaged in extracurricular programs of a school or early childhood education program, such as non-academic outings and field trips, before- and after-school programs or before- and after-early child education program programs, and school- sponsored or early childhood education program-sponsored programs held on weekends. (10) Maintenance of information for each administration of epinephrine to a child at risk for anaphylaxis and prompt notification to parents. (11) Other elements the Secretary determines necessary for the management of food allergies and anaphylaxis in schools and early childhood education programs. (c) Relation to State Law.--Nothing in this Act or the guidelines developed by the Secretary under subsection (a) shall be construed to preempt State law, including any State law regarding whether students at risk for anaphylaxis may self-administer medication. SEC. 4. SCHOOL-BASED FOOD ALLERGY MANAGEMENT GRANTS. (a) In General.--The Secretary may award grants to local educational agencies to assist such agencies with implementing voluntary food allergy and anaphylaxis management guidelines described in section 3. (b) Application.-- (1) In general.--To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) an assurance that the local educational agency has developed plans in accordance with the food allergy and anaphylaxis management guidelines described in section 3; (B) a description of the activities to be funded by the grant in carrying out the food allergy and anaphylaxis management guidelines, including-- (i) how the guidelines will be carried out at individual schools served by the local educational agency; (ii) how the local educational agency will inform parents and students of the guidelines in place; (iii) how school nurses, teachers, administrators, and other school-based staff will be made aware of, and given training on, when applicable, the guidelines in place; and (iv) any other activities that the Secretary determines appropriate; (C) an itemization of how grant funds received under this section will be expended; (D) a description of how adoption of the guidelines and implementation of grant activities will be monitored; and (E) an agreement by the local educational agency to report information required by the Secretary to conduct evaluations under this section. (c) Use of Funds.--Each local educational agency that receives a grant under this section may use the grant funds for the following: (1) Purchase of materials and supplies, including limited medical supplies such as epinephrine and disposable wet wipes, to support carrying out the food allergy and anaphylaxis management guidelines described in section 3. (2) In partnership with local health departments, school nurse, teacher, and personnel training for food allergy management. (3) Programs that educate students as to the presence of, and policies and procedures in place related to, food allergies and anaphylactic shock. (4) Outreach to parents. (5) Any other activities consistent with the guidelines described in section 3. (d) Duration of Awards.--The Secretary may award grants under this section for a period of not more than 2 years. In the event the Secretary conducts a program evaluation under this section, funding in the second year of the grant, where applicable, shall be contingent on a successful program evaluation by the Secretary after the first year. (e) Limitation on Grant Funding.--The Secretary may not provide grant funding to a local educational agency under this section after such local educational agency has received 2 years of grant funding under this section. (f) Maximum Amount of Annual Awards.--A grant awarded under this section may not be made in an amount that is more than $50,000 annually. (g) Priority.--In awarding grants under this section, the Secretary shall give priority to local educational agencies with the highest percentages of children who are counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)). (h) Matching Funds.-- (1) In general.--The Secretary may not award a grant under this section unless the local educational agency agrees that, with respect to the costs to be incurred by such local educational agency in carrying out the grant activities, the local educational agency shall make available (directly or through donations from public or private entities) non-Federal funds toward such costs in an amount equal to not less than 25 percent of the amount of the grant. (2) Determination of amount of non-federal contribution.-- Non-Federal funds required under paragraph (1) may be cash or in-kind, including plant, equipment, or services. Amounts provided by the Federal Government, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal funds. (i) Administrative Funds.--A local educational agency that receives a grant under this section may use not more than 2 percent of the grant amount for administrative costs related to carrying out this section. (j) Progress and Evaluations.--At the completion of the grant period referred to in subsection (d), a local educational agency shall provide the Secretary with information on how grant funds were spent and the status of implementation of the food allergy and anaphylaxis management guidelines described in section 3. (k) Supplement, Not Supplant.--Grant funds received under this section shall be used to supplement, and not supplant, non-Federal funds and any other Federal funds available to carry out the activities described in this section. (l) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for fiscal year 2010 and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 5. VOLUNTARY NATURE OF GUIDELINES. (a) In General.--The food allergy and anaphylaxis management guidelines developed by the Secretary under section 3 are voluntary. Nothing in this Act or the guidelines developed by the Secretary under section 3 shall be construed to require a local educational agency to implement such guidelines. (b) Exception.--Notwithstanding subsection (a), the Secretary may enforce an agreement by a local educational agency to implement food allergy and anaphylaxis management guidelines as a condition of the receipt of a grant under section 4.", "summary": "Food Allergy and Anaphylaxis Management Act of 2009 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies, schools, early childhood education programs, and other interested entities voluntary guidelines to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs. Directs that such guidelines address: (1) parental obligation to provide the documentation of their child's allergies; (2) the creation of an individual food allergy management plan for each such child; (3) communication between schools or programs and emergency medical services; (4) reduction of exposure to anaphylactic causative agents; (5) food allergy management training; and (6) administration of epinephrine. Allows the Secretary to award matching grants to assist local educational agencies in implementing such food allergy and anaphylaxis management guidelines."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Price Competition Act of 2009''. SEC. 2. EXCLUSIVITY PERIOD. (a) First Applicant.--Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended-- (1) in subparagraph (B)(iv)-- (A) in subclause (II), by striking item (bb) and inserting the following: ``(bb) First applicant.--As used in this subsection, the term `first applicant' means-- ``(AA) an applicant that, on the first day on which a substantially complete application containing a certification described in paragraph (2)(A)(vii)(IV) is submitted for approval of a drug, submits a substantially complete application that contains and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) for the drug; or ``(BB) an applicant for the drug not described in item (AA) that satisfies the requirements of subclause (III).''; and (B) by adding at the end the following: ``(III) An applicant described in subclause (II)(bb)(BB) shall-- ``(aa) submit and lawfully maintain a certification described in paragraph (2)(A)(vii)(IV) or a statement described in paragraph (2)(A)(viii) for each unexpired patent for which a first applicant described in item (AA) had submitted a certification described in paragraph (2)(A)(vii)(IV) on the first day on which a substantially complete application containing such a certification was submitted; ``(bb) with regard to each such unexpired patent for which the applicant submitted a certification described in paragraph (2)(A)(vii)(IV), no action for patent infringement was brought against the applicant within the 45-day period specified in paragraph (5)(B)(iii), or if an action was brought within such time period, the applicant has obtained the decision of a court (including a district court) that the patent is invalid or not infringed (including any substantive determination that there is no cause of action for patent infringement or invalidity, and including a settlement order or consent decree signed and entered by the court stating that the patent is invalid or not infringed); and ``(cc) but for the effective date of approval provisions in subparagraphs (B) and (F) and sections 505A and 527, be eligible to receive immediately effective approval at a time before any other applicant has begun commercial marketing.''; and (2) in subparagraph (D)-- (A) in clause (i)(IV), by striking ``The first applicant'' and inserting ``The first applicant, as defined in subparagraph (B)(iv)(II)(bb)(AA),''; and (B) in clause (iii), in the matter preceding subclause (I)-- (i) by striking ``If all first applicants forfeit the 180-day exclusivity period under clause (ii)''; and (ii) by inserting ``If all first applicants, as defined in subparagraph (B)(iv)(II)(bb)(AA), forfeit the 180-day exclusivity period under clause (ii) at a time at which no applicant has begun commercial marketing''. (b) Effective Date and Transitional Provision.-- (1) Effective date.--The amendments made by subsection (a) shall be effective only with respect to an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which the amendments made by section 1102(a) of the Medicare Prescription Drug Improvement and Modernization Act of 2003 (Public Law 108-173) apply. (2) Transitional provision.--An application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), to which the 180-day exclusivity period described in paragraph (5)(iv) of such section does not apply, and that contains a certification under paragraph (2)(A)(vii)(IV) of such Act, shall be regarded as a previous application containing such a certification within the meaning of section 505(j)(5)(B)(iv) of such Act (as in effect before the amendments made by Medicare Prescription Drug Improvement and Modernization Act of 2003 (Public Law 108-173)) if-- (A) no action for infringement of the patent that is the subject of such certification was brought against the applicant within the 45-day period specified in section 505(j)(5)(B)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iii)), or if an action was brought within such time period, the applicant has obtained the decision of a court (including a district court) that the patent is invalid or not infringed (including any substantive determination that there is no cause of action for patent infringement or invalidity, and including a settlement order or consent decree signed and entered by the court stating that the patent is invalid or not infringed); (B) the application is eligible to receive immediately effective approval, but for the effective date of approval provisions in sections 505(j)(5)(B) (as in effect before the amendment made by Public Law 108-173), 505(j)(5)(F), 505A, and 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B), 355(j)(5)(F), 355a, 360cc); and (C) no other applicant has begun commercial marketing.", "summary": "Drug Price Competition Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to expand the definition of \"first applicant\" under such Act to allow a generic drug manufacturer that is currently considered an applicant subsequent to a brand-name manufacturer's 180-day exclusivity period to qualify as a first applicant for purposes of filing an abbreviated application for a new drug. Requires such applicant to submit a substantially complete application that contains and lawfully maintains a certification for such drug."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans' Compensation Rate Amendments of 2001''. (b) References to Title 38, United States Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. DISABILITY COMPENSATION. (a) Increase in Rates.--Section 1114 is amended-- (1) by striking ``$98'' in subsection (a) and inserting ``$103''; (2) by striking ``$188'' in subsection (b) and inserting ``$199''; (3) by striking ``$288'' in subsection (c) and inserting ``$306''; (4) by striking ``$413'' in subsection (d) and inserting ``$439''; (5) by striking ``$589'' in subsection (e) and inserting ``$625''; (6) by striking ``$743'' in subsection (f) and inserting ``$790''; (7) by striking ``$937'' in subsection (g) and inserting ``$995''; (8) by striking ``$1,087'' in subsection (h) and inserting ``$1,155''; (9) by striking ``$1,224'' in subsection (i) and inserting ``$1,299''; (10) by striking ``$2,036'' in subsection (j) and inserting ``$2,163''; (11) in subsection (k)-- (A) by striking ``$76'' both places it appears and inserting ``$80''; and (B) by striking ``$2,533'' and ``$3,553'' and inserting ``$2,691'' and ``$3,775'', respectively; (12) by striking ``$2,533'' in subsection (l) and inserting ``$2,691''; (13) by striking ``$2,794'' in subsection (m) and inserting ``$2,969''; (14) by striking ``$3,179'' in subsection (n) and inserting ``$3,378''; (15) by striking ``$3,553'' each place it appears in subsections (o) and (p) and inserting ``$3,775''; (16) by striking ``$1,525'' and ``$2,271'' in subsection (r) and inserting ``$1,621'' and ``$2,413'', respectively; and (17) by striking ``$2,280'' in subsection (s) and inserting ``$2,422''. (b) Special Rule.--The Secretary of Veterans Affairs may authorize administratively, consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. SEC. 3. ADDITIONAL COMPENSATION FOR DEPENDENTS. Section 1115(1) is amended-- (1) by striking ``$117'' in clause (A) and inserting ``$124''; (2) by striking ``$201'' and ``$61'' in clause (B) and inserting ``$213'' and ``$64'', respectively; (3) by striking ``$80'' and ``$61'' in clause (C) and inserting ``$84'' and ``$64'', respectively; (4) by striking ``$95'' in clause (D) and inserting ``$100''; (5) by striking ``$222'' in clause (E) and inserting ``$234''; and (6) by striking ``$186'' in clause (F) and inserting ``$196''. SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 is amended by striking ``$546'' and inserting ``$580''. SEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES. (a) New Law Rates.--Section 1311(a) is amended-- (1) by striking ``$881'' in paragraph (1) and inserting ``$935''; and (2) by striking ``$191'' in paragraph (2) and inserting ``$202''. (b) Old Law Rates.--The table in section 1311(a)(3) is amended to read as follows: Monthly Monthly ``Pay grade rate Pay grade rate E-1...................... $935 W-4........ $1,119 E-2...................... 935 O-1........ 988 E-3...................... 935 O-2........ 1,021 E-4...................... 935 O-3........ 1,092 E-5...................... 935 O-4........ 1,155 E-6...................... 935 O-5........ 1,272 E-7...................... 967 O-6........ 1,433 E-8...................... 1,021 O-7........ 1,549 E-9...................... 1,066\\1\\ O-8........ 1,699 W-1...................... 988 O-9........ 1,818 W-2...................... 1,028 O-10....... 1,994\\2\\ W-3...................... 1,058 ``\\1\\If the veteran served as Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,149. ``\\2\\If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $2,139.''. (c) Additional DIC for Children.--Section 1311(b) is amended by striking ``$222'' and inserting ``$234''. (d) Aid and Attendance Allowance.--Section 1311(c) is amended by striking ``$222'' and inserting ``$234''. (e) Housebound Rate.--Section 1311(d) is amended by striking ``$107'' and inserting ``$112''. SEC. 6. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN. (a) DIC for Orphan Children.--Section 1313(a) is amended-- (1) by striking ``$373'' in paragraph (1) and inserting ``$397''; (2) by striking ``$538'' in paragraph (2) and inserting ``$571''; (3) by striking ``$699'' in paragraph (3) and inserting ``$742''; and (4) by striking ``$699'' and ``$136'' in paragraph (4) and inserting ``$742'' and ``$143'', respectively. (b) Supplemental DIC for Disabled Adult Children.--Section 1314 is amended-- (1) by striking ``$222'' in subsection (a) and inserting ``$234''; (2) by striking ``$373'' in subsection (b) and inserting ``$397''; and (3) by striking ``$188'' in subsection (c) and inserting ``$199''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect on December 1, 2001. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Veterans' Compensation Rate Amendments of 2001 - Increases, as of December 1, 2001, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and for children."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Information Recall Enhancement Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) in an interview with ABC News on September 3, 2000, Secretary of Transportation Rodney Slater stated that he thinks there should be a law requiring that the United States be immediately notified of a foreign recall, ``especially in the global economy when you've got U.S. goods really being used by individuals around the world. We should know when there's a problem someplace else.''; (2) as of the date of enactment of this Act, there is no legal requirement for manufacturers of motor vehicles and their components to notify United States agencies of a recall issued in a foreign country; (3) between August 1999 and spring 2000, Ford Motor Company replaced Firestone tires on 46,912 vehicles in Saudi Arabia, Thailand, Malaysia, and South America; (4)(A) on May 2, 2000, the National Highway Traffic Safety Administration opened a preliminary evaluation into Firestone ATX, ATX II, and Wilderness AT tires after receiving 90 complaints, primarily from consumers in the Southeast and Southwest, about tread separations or blowouts; (B) as of September 2000, the National Highway Traffic Safety Administration has received over 1,400 complaints, including reports of more than 250 injuries and 88 deaths; and (C) some of the complaints date back to the early 1990s, and 797 of the complaints report that a tire failure took place between August 1, 1999, and August 9, 2000; and (5)(A) on August 9, 2000, Bridgestone/Firestone announced a United States recall of 6,500,000 ATX, ATX II, and Wilderness AT tires; and (B) that date was 3 months after the National Highway Traffic Safety Administration commenced its investigation and nearly 9 months after Ford Motor Company initiated the replacement of the tires in foreign countries. (b) Purpose.--The purpose of this Act is to ensure that defects in motor vehicles or replacement equipment in foreign countries are quickly, accurately, and truthfully reported to the United States Secretary of Transportation in cases in which-- (1) the motor vehicles or replacement equipment is manufactured for export to the United States; or (2) the motor vehicles or replacement equipment is manufactured in the United States using a manufacturing process that is the same as, or similar to, the manufacturing process used in the foreign country, with the result that the motor vehicles or replacement equipment manufactured in the United States may also be defective. SEC. 3. CRIMINAL AND CIVIL PENALTIES IN CONNECTION WITH REPORTING OF DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1036. Penalties in connection with reporting of defects in foreign motor vehicle products ``(a) Definitions.-- ``(1) Foreign motor vehicle product.--The term `foreign motor vehicle product' means a motor vehicle or replacement equipment that-- ``(A) is manufactured in a foreign country for export to the United States; or ``(B) is manufactured in a foreign country using a manufacturing process that is the same as, or similar to, a manufacturing process used in the United States for a motor vehicle or replacement equipment. ``(2) Other terms.--The terms `defect', `manufacturer', `motor vehicle', and `replacement equipment' have the meanings given the terms in section 30102 of title 49. ``(b) Criminal Penalty.--A manufacturer of a foreign motor vehicle product, or an officer or employee of such a manufacturer, that, in connection with a report required to be filed under section 30118(f) of title 49, willfully-- ``(1) falsifies or conceals a material fact; ``(2) makes a materially false, fictitious, or fraudulent statement or representation; or ``(3) makes or uses a false writing or document knowing that the writing or document contains any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years, or both. ``(c) Civil Penalty.-- ``(1) In general.--In addition to any civil penalty that may be assessed under chapter 301 of title 49, a manufacturer that violates section 30118(f) of title 49 shall be subject to a civil penalty of not more than $500,000 for each day of the violation. ``(2) Compromise of penalty.--The Attorney General may compromise the amount of a civil penalty imposed under paragraph (1). ``(3) Determination of amount.--In determining the amount of a civil penalty or compromise under this subsection, the Attorney General shall consider-- ``(A) the appropriateness of the penalty or compromise in relation to the size of the business of the manufacturer liable for the penalty; and ``(B) the gravity of the violation. ``(4) Deduction of amount of penalty.--The United States Government may deduct the amount of the civil penalty imposed or compromised under this section from any amount that the Government owes the manufacturer liable for the penalty.''. (b) Conforming Amendment.--The analysis for chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1036. Penalties in connection with reporting of defects in foreign motor vehicle products.''. SEC. 4. REPORTING OF DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS. Section 30118 of title 49, United States Code, is amended by adding at the end the following: ``(f) Reporting of Defects in Foreign Motor Vehicle Products.-- ``(1) Definition of foreign motor vehicle product.--The term `foreign motor vehicle product' means a motor vehicle or replacement equipment that-- ``(A) is manufactured in a foreign country for export to the United States; or ``(B) is manufactured in a foreign country using a manufacturing process that is the same as, or similar to, a manufacturing process used in the United States for a motor vehicle or replacement equipment. ``(2) Reporting of defects.-- ``(A) Initial report.--Not later than 48 hours after determining, or learning that a government of a foreign country has determined, that a foreign motor vehicle product contains a defect that could be related to motor vehicle safety, the manufacturer of the foreign motor vehicle product shall report the determination to the Secretary. ``(B) Written report.-- ``(i) In general.--Not later than 5 days after the end of the 48-hour period described in subparagraph (A), the manufacturer shall submit to the Secretary a written report that meets the requirements of clause (ii). ``(ii) Contents of written report.--A written report under clause (i) shall contain-- ``(I) a description of the foreign motor vehicle product that is the subject of the report; ``(II) a description of-- ``(aa) the determination of the defect by the government of the foreign country or by the manufacturer of a foreign motor vehicle product; and ``(bb) any measures that the government requires to be taken, or the manufacturer determines should be taken, to obtain a remedy of the defect; ``(III) information concerning any serious injuries or fatalities possibly resulting from the defect; and ``(IV) such other information as the Secretary determines to be appropriate. ``(3) Reporting of possible defects.--Upon making a determination that there have been a significant number of serious injuries or fatalities in a foreign country that could have resulted from a defect in a foreign motor vehicle product that could be related to motor vehicle safety (as determined in accordance with regulations promulgated by the Secretary), the manufacturer of the foreign motor vehicle product shall report the determination to the Secretary in such manner as the Secretary establishes by regulation.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on the date that is 180 days after the date of enactment of this Act.", "summary": "Amends Federal transportation law to require a manufacturer, not later than 48 hours after determining, or learning that a government of a foreign country has determined, that a foreign motor vehicle product contains a defect that could be related to motor vehicle safety, to report such determination to the Secretary of Transportation. Sets forth similar requirements with respect to the reporting of possible defects in such vehicle or equipment that have resulted in a significant number of serious injuries or fatalities in a foreign country. Sets forth both criminal and civil penalties for manufacturers of foreign motor vehicle products who falsify information with respect to, or otherwise violate, the reporting requirements contained in this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hibben Center for Archaeological Research Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) when the Chaco Culture National Historical Park was established in 1907 as the Chaco Canyon National Monument, the University of New Mexico owned a significant portion of the land located within the boundaries of the Park; (2) during the period from the 1920's to 1947, the University of New Mexico conducted archaeological research in the Chaco Culture National Historical Park; (3) in 1949, the University of New Mexico-- (A) conveyed to the United States all right, title, and interest of the University in and to the land in the Park; and (B) entered into a memorandum of agreement with the National Park Service establishing a research partnership with the Park; (4) since 1971, the Chaco Culture National Historical Park, through memoranda of understanding and cooperative agreements with the University of New Mexico, has maintained a research museum collection and archive at the University; (5) both the Park and the University have large, significant archaeological research collections stored at the University in multiple, inadequate, inaccessible, and cramped repositories; and (6) insufficient storage at the University makes research on and management, preservation, and conservation of the archaeological research collections difficult. SEC. 3. DEFINITIONS. In this Act: (1) Hibben center.--The term ``Hibben Center'' means the Hibben Center for Archaeological Research to be constructed at the University under section 4(a). (2) Park.--The term ``Park'' means the Chaco Culture National Historical Park in the State of New Mexico. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Tenant improvement.--The term ``tenant improvement'' includes-- (A) finishing the interior portion of the Hibben Center leased by the National Park Service under section 4(c)(1); and (B) installing in that portion of the Hibben Center-- (i) permanent fixtures; and (ii) portable storage units and other removable objects. (5) University.--The term ``University'' means the University of New Mexico. SEC. 4. HIBBEN CENTER FOR ARCHAEOLOGICAL RESEARCH. (a) Establishment.--The Secretary may, in cooperation with the University, construct and occupy a portion of the Hibben Center for Archaeological Research at the University. (b) Grants.-- (1) In general.--The Secretary may provide to the University a grant to pay the Federal share of the construction and related costs for the Hibben Center under paragraph (2). (2) Federal share.--The Federal share of the construction and related costs for the Hibben Center shall be 37 percent. (3) Limitation.--Amounts provided under paragraph (1) shall not be used to pay any costs to design, construct, and furnish the tenant improvements under subsection (c)(2). (c) Lease.-- (1) In general.--Before funds made available under section 5 may be expended for construction costs under subsection (b)(1) or for the costs for tenant improvements under paragraph (2), the University shall offer to enter into a long-term lease with the United States that-- (A) provides to the National Park Service space in the Hibben Center for storage, research, and offices; and (B) is acceptable to the Secretary. (2) Tenant improvements.--The Secretary may design, construct, and furnish tenant improvements for, and pay any moving costs relating to, the portion of the Hibben Center leased to the National Park Service under paragraph (1). (d) Cooperative Agreements.--To encourage collaborative management of the Chacoan archaeological objects associated with northwestern New Mexico, the Secretary may enter into cooperative agreements with the University, other units of the National Park System, other Federal agencies, and Indian tribes for-- (1) the curation of and conduct of research on artifacts in the museum collection described in section 2(4); and (2) the development, use, management, and operation of the portion of the Hibben Center leased to the National Park Service under subsection (c)(1). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated-- (1) to pay the Federal share of the construction costs under section 4(b), $1,574,000; and (2) to pay the costs of carrying out section 4(c)(2), $2,198,000. (b) Availability.--Amounts made available under subsection (a) shall remain available until expended. (c) Reversion.--If the lease described in section 4(c)(1) is not executed by the date that is 2 years after the date of enactment of this Act, any amounts made available under subsection (a) shall revert to the Treasury of the United States.", "summary": "Hibben Center for Archaeological Research Act of 2002 - Authorizes the Secretary of the Interior to: (1) construct and occupy a portion of the Hibben Center for Archaeological Research at the University of New Mexico; (2) provide a grant to the University to pay the Federal share of construction and related costs for the Center; and (3) furnish specified tenant improvements to the portion of the Center leased to the National Park Service (NPS).Requires the University, before funds available under this Act may be expended for construction or tenant improvement costs, to offer to enter into a long-term lease with the United States that: (1) provides to NPS space in the Center for storage, research, and offices; and (2) is acceptable to the Secretary.Authorizes the Secretary, in order to encourage collaborative management of the Chacoan archaeological objects associated with northwestern New Mexico, to enter into cooperative agreements with the University, other NPS units, other Federal agencies, and Indian tribes for: (1) the curation and conduct of research on artifacts in the research museum collection and archive at the University; and (2) the development, use, management, and operation of the portion of the Center leased to NPS."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Discretionary Spending Control Act of 2004''. SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. (a) Discretionary Spending Limits.--(1) Section 251(c)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (relating to fiscal year 2004) is amended-- (A) in subparagraph (A), by striking ``$31,834,000,000'' and inserting ``$28,052,000,000''; and (B) in subparagraph (B), by striking ``$1,462,000,000'' and inserting ``$1,436,000,000'' and by striking ``$6,629,000,000'' and inserting ``$6,271,000,000''. (2) Section 251(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2005'', by redesignating the remaining portion of such paragraph as subparagraph (D) and by moving it two ems to the right, and by inserting after the dash the following new subparagraphs: ``(A) for the general purpose discretionary category: $817,726,000,000 in new budget authority and $866,056,000,000 in outlays; ``(B) for the highway category: $30,585,000,000 in outlays; and ``(C) for the mass transit category: $1,554,000,000 in new budget authority and $6,787,000,000 in outlays; and''. (3) Section 251(c)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2006'', by redesignating the remaining portion of such paragraph as subparagraph (D) and by moving it two ems to the right, and by inserting after the dash the following new subparagraphs: ``(A) for the general purpose discretionary category: $831,417,000,000 in new budget authority and $846,280,000,000 in outlays; ``(B) for the highway category: $33,271,000,000 in outlays; and ``(C) for the mass transit category: $1,671,000,000 in new budget authority and $7,585,000,000 in outlays; and''. (4) Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by redesignating paragraphs (4) through (9) as paragraphs (7) through (12) and inserting after paragraph (3) the following new paragraphs: ``(4) with respect to fiscal year 2007-- ``(A) for the highway category: $35,248,000,000 in outlays; and ``(B) for the mass transit category: $1,785,000,000 in new budget authority and $8,110,000,000 in outlays; ``(5) with respect to fiscal year 2008-- ``(A) for the highway category: $36,587,000,000 in outlays; and ``(B) for the mass transit category: $1,890,000,000 in new budget authority and $8,517,000,000 in outlays; and ``(6) with respect to fiscal year 2009-- ``(A) for the highway category: $37,682,000,000 in outlays; and ``(B) for the mass transit category: $2,017,000,000 in new budget authority and $8,968,000,000 in outlays;''. (b) Definitions.--Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subparagraph (B), by-- (A) striking ``the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2003'' and inserting ``the Transportation Equity Act: A Legacy for Users''; and (B) inserting before the period at the end the following new clauses: ``(v) 69-8158-0-7-401 (Motor Carrier Safety Grants). ``(vi) 69-8159-0-7-401 (Motor Carrier Safety Operations and Programs).''; (2) in subparagraph (C), by-- (A) inserting ``(and successor accounts)'' after ``budget accounts''; and (B) striking ``the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2003 or for which appropriations are provided pursuant to authorizations contained in those Acts (except that appropriations provided pursuant to section 5338(h) of title 49, United States Code, as amended by the Transportation Equity Act for the 21st Century, shall not be included in this category)'' and inserting ``the Transportation Equity Act: A Legacy for Users or for which appropriations are provided pursuant to authorizations contained in that Act''; and (3) in subparagraph (D)(ii), by striking ``section 8103 of the Transportation Equity Act for the 21st Century'' and inserting ``section 8103 of the Transportation Equity Act: A Legacy for Users''. SEC. 3. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVENUES. Subparagraphs (B) through (E) of section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended to read as follows: ``(B) Adjustment to align highway spending with revenues.--(i) When the President submits the budget under section 1105 of title 31, United States Code, OMB shall calculate and the budget shall make adjustments to the highway category for the budget year and each outyear as provided in clause (ii)(I)(cc). ``(ii)(I)(aa) OMB shall take the actual level of highway receipts for the year before the current year and subtract the sum of the estimated level of highway receipts in subclause (II) plus any amount previously calculated under item (bb) for that year. ``(bb) OMB shall take the current estimate of highway receipts for the current year and subtract the estimated level of receipts for that year. ``(cc) OMB shall add one-half of the sum of the amount calculated under items (aa) and (bb) to the obligation limitations set forth in the section 8103 of the Transportation Equity Act: A Legacy for Users and, using current estimates, calculate the outlay change resulting from the change in obligations for the budget year and the first outyear and the outlays flowing therefrom through subsequent fiscal years. After making the calculations under the preceding sentence, OMB shall adjust the amount of obligations set forth in that section for the budget year and the first outyear by adding one-half of the sum of the amount calculated under items (aa) and (bb) to each such year. ``(II) The estimated level of highway receipts for the purposes of this clause are-- ``(aa) for fiscal year 2004, $30,572,000,000; ``(bb) for fiscal year 2005, $34,260,000,000; ``(cc) for fiscal year 2006, $35,586,000,000; ``(dd) for fiscal year 2007, $36,570,000,000; ``(ee) for fiscal year 2008, $37,603,000,000; and ``(ff) for fiscal year 2009, $38,651,000,000. ``(III) In this clause, the term `highway receipts' means the governmental receipts credited to the highway account of the Highway Trust Fund. ``(C) In addition to the adjustment required by subparagraph (B), when the President submits the budget under section 1105 of title 31, United States Code, for fiscal year 2006, 2007, 2008, or 2009, OMB shall calculate and the budget shall include for the budget year and each outyear an adjustment to the limits on outlays for the highway category and the mass transit category equal to-- ``(i) the outlays for the applicable category calculated assuming obligation levels consistent with the estimates prepared pursuant to subparagraph (D), as adjusted, using current technical assumptions; minus ``(ii) the outlays for the applicable category set forth in the subparagraph (D) estimates, as adjusted. ``(D)(i) When OMB and CBO submit their final sequester report for fiscal year 2004, that report shall include an estimate of the outlays for each of the categories that would result in fiscal years 2005 through 2009 from obligations at the levels specified in section 8103 of the Transportation Equity Act: A Legacy for Users using current assumptions. ``(ii) When the President submits the budget under section 1105 of title 31, United States Code, for fiscal year 2006, 2007, 2008, or 2009, OMB shall adjust the estimates made in clause (i) by the adjustments by subparagraphs (B) and (C). ``(E) OMB shall consult with the Committees on the Budget and include a report on adjustments under subparagraphs (B) and (C) in the preview report.''. SEC. 4. LEVEL OF OBLIGATION LIMITATIONS. (a) Highway Category.--For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limitations for the highway category is-- (1) for fiscal year 2004, $34,309,000,000; (2) for fiscal year 2005, $35,671,000,000; (3) for fiscal year 2006, $36,719,000,000; (4) for fiscal year 2007, $37,800,000,000; (5) for fiscal year 2008, $38,913,000,000; and (6) for fiscal year 2009, $40,061,000,000. (b) Mass Transit Category.--For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limitations for the mass transit category is-- (1) for fiscal year 2004, $7,266,000,000; (2) for fiscal year 2005, $7,750,000,000; (3) for fiscal year 2006, $8,266,000,000; (4) for fiscal year 2007, $8,816,000,000; (5) for fiscal year 2008, $9,403,000,000; and (6) for fiscal year 2009, $10,029,000,000. For purposes of this subsection, the term ``obligation limitations'' means the sum of budget authority and obligation limitations. SEC. 5. ADVANCE APPROPRIATIONS. Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subsection: ``(d) Advance Appropriations.--In any of fiscal years 2005 through 2007, discretionary advance appropriations provided in appropriation Acts in excess of $23,558,000,000 shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted.''. SEC. 6. DEFINITIONS. (a) In General.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraphs: ``(20) The term `advance appropriation' means appropriations that first become available one fiscal year or more beyond the fiscal year for which an appropriation Act making such funds available is enacted. ``(21)(A) Except as provided by subparagraph (B), the term `emergency requirement' means any provision that provides new budget authority and resulting outlays for a situation that poses a threat to life, property, or national security and is-- ``(i) sudden, quickly coming into being, and not building up over time; ``(ii) an urgent, pressing, and compelling need requiring immediate action; ``(iii) subject to subparagraph (B), unforeseen, unpredictable, and unanticipated; and ``(iv) not permanent, temporary in nature. ``(B) An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen.''. (b) Fire Suppression; Contingency Operations Related to Global War on Terrorism.--Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: ``(I) Fire suppression.--(i) If a bill or joint resolution is enacted that provides new budget authority for wildland fire suppression for fiscal year 2005 or fiscal year 2006 that would cause the level of total new budget authority for wildland fire suppression to exceed the base amount for that fiscal year, the adjustment for that fiscal year shall be the additional new budget authority provided for such purpose and the additional outlays flowing from such amounts, but shall not exceed-- ``(I) for the Forest Service for fiscal year 2005 or fiscal year 2006 (as applicable), $400,000,000; and ``(II) for the Department of the Interior for fiscal year 2005 or fiscal year 2006 (as applicable), $100,000,000. ``(ii) For this subparagraph, the term ``base amount'' refers to the average of the obligations of the 10 fiscal years preceding the current year for wildfire suppression in the Forest Service and in the Department of the Interior, as calculated by OMB, but for fiscal year 2005 the base amount is $880,000,000. ``(J) Contingency operations related to global war on terrorism.--If, for fiscal year 2005, supplemental appropriations for discretionary accounts are enacted for contingency operations related to the global war on terrorism that, pursuant to this subparagraph, the President designates as a contingency operation related to the global war on terrorism and the Congress so designates in statute, the adjustment shall be the total of such appropriations in discretionary accounts so designated, but not to exceed $50,000,000,000, and the outlays flowing in all fiscal years from such appropriations.''. (c) Conforming Amendment.--The second sentence of section 250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``The general purpose discretionary category shall consist of accounts designated in the joint explanatory statement of managers accompanying the conference report on the Spending Control Act of 2004.''. SEC. 7. PROJECTIONS UNDER SECTION 257. Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after paragraph (6) the following new paragraph: ``(7) Emergencies.--New budgetary resources designated under section 251(b)(2)(A) or 251(b)(2)(J) shall not be assumed beyond the fiscal year for which they have been enacted.''. SEC. 8. REPORTS. Subsections (c)(2) and (f)(2)(A) of section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking ``2002'' and inserting ``2006 (or 2009 solely for purposes of enforcing the discretionary spending limits for the highway and mass transit categories)''. SEC. 9. EXPIRATION. Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2006 (or 2009 solely for purposes of enforcing the discretionary spending limits for the highway and mass transit categories)''.", "summary": "Discretionary Spending Control Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to: (1) revise for FY 2004 discretionary spending limits (spending caps) for the highway and mass transit categories; (2) set forth for FY 2005 and 2006 new budget authority and outlays for the general purpose discretionary category, outlays for the highway category and new budget authority and outlays for the mass transit category; and (3) set forth for FY 2007 through 2009 outlays for the highway category and new budget authority and outlays for the mass transit category. Revises the requirement that the Office of Management and Budget (OMB) make adjustments to the highway category to conform to estimated levels of highway receipts. Sets forth the level of obligation limitations (sum of budget authority and obligation limitations) for the highway and mass transit categories for FY 2004 through 2009. Provides that, in any of FY 2005 through 2006, discretionary advance appropriations provided in appropriation Acts in excess of $23,558 billion shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted. Provides, under specified conditions, for additional new budget authority in FY 2005 or 2005 for fire suppression and for an adjustment in the discretionary spending limit for FY 2005 for supplemental appropriations for the global war on terrorism. Requires the estimates set forth in the discretionary sequestration preview and final reports issued by OMB and the Congressional Budget Office (CBO) to include the current year and each subsequent year through FY 2006 (or FY 2009 solely to enforce the discretionary spending limits for the highway and mass transit categories). Extends certain budget enforcement requirements through FY 2006 (or 2009 for enforcing the spending caps for the highway and mass transit categories)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Occupational Safety and Health- Fairness Act of 2003''. SEC. 2. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT. (a) Citation.--The second sentence of section 10(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 659(a)) is amended by inserting ``(unless such failure results from mistake, inadvertence, surprise, or excusable neglect)'' after ``assessment of penalty''. (b) Failure to Correct.--The second sentence of section 10(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 659(b)) is amended by inserting ``(unless such failure results from mistake, inadvertence, surprise, or excusable neglect)'' after ``assessment of penalty''. SEC. 3. WILLFUL VIOLATIONS. Section 17(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666(a)) is amended by inserting at the end, ``A violation is willful only if the employer (1) knew that the alleged condition violated a standard, rule, order or regulation and, without a good faith belief in the legality in its conduct, knowingly disregarded the requirement of the standard, rule, order, or regulation, or (2) knew that employees were, or that it was reasonably predictable that employees would be, exposed to a hazard causing or likely to cause death or serious physical injury and recklessly disregarded the exposure of employees to that hazard.''. SEC. 4. FAIRNESS OF PENALTY ASSESSMENT Section 17(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666(j)) is amended-- (1) by inserting the words, ``and de novo'' after the word ``due''; and (2) striking all after the word ``consideration'' and inserting in lieu thereof: ``to the evidence of the appropriateness of the penalty with respect to at least the following factors: ``(1) the size and financial condition of the business of the employer; ``(2) the gravity of the violation, considering the probability of harm, the nature and extent of the harm, the number of affected employees, and other relevant factors; ``(3) the good faith of the employer, including the employer's good faith efforts to comply or abate; ``(4) the history and recentness of substantially similar previous violations of the cited employer at the same nonconstruction worksite and at construction worksites within the same State; and ``(5) the degree of responsibility or culpability for the violation of the employer, the employees, and/or other persons.''. SEC. 5. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION. (a) Amendments.--Section 12 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 661) is amended as follows: (1) In subsection (a), by striking the word ``three'' and inserting in lieu thereof, the word ``five;'' and inserting before the word ``training'' the word ``legal''. (2) In subsection (b) by striking all after the words ``except that'' and inserting in lieu thereof, ``the President may extend the term of a member to allow a continuation in service at the pleasure of the President after the expiration of that member's term until a successor nominated by the President has been confirmed to serve. Any vacancy caused by the death, resignation, or removal of a member before the expiration of a term, for which he or she was appointed shall be filled only for the remainder of such expired term. A member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. (3) Subsection (f) is amended to read as follows: ``(f) The Chairman of the Commission is authorized to delegate to any panel of three or more members any or all of the powers of the Commission. For the purpose of carrying out its functions under this chapter, 3 members of the Commission shall constitute a quorum, except that 2 members shall constitute a quorum for any sub-panel designated by the Chairman under this subsection.''. (b) New Positions.--Of the two vacancies for membership on the Commission created by this section, one shall be filled by the President for a term expiring on April 27, 2006, and the other shall be filled by the President for a term expiring on April 27, 2008. SEC. 6. AWARD OF ATTORNEY'S FEES AND COSTS. The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 and following) is amended by redesignating section 32 through 34 as 33 through 35 and inserting the following new section after section 31: ``SEC. 32. AWARD OF ATTORNEYS' FEES AND COSTS. ``(a) Administrative Proceedings.--An employer who-- ``(1) is the prevailing party in any adversary adjudication instituted under this Act, and ``(2) had not more than 100 employees and a net worth of not more than $1,500,000 at the time of the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Secretary was substantially justified or special circumstances make an award unjust. For purposes of this section the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Proceedings.-- An employer who-- ``(1) is the prevailing party in any proceeding for judicial review of any action instituted under this Act, and ``(2) had not more than 100 employees and a net worth of not more than $1,500,000 at the time the action addressed under subsection (1) was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) of this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. ``(c) Applicability.-- ``(1) Commission proceedings.--Subsection (a) of this section applies to proceedings commenced on or after the date of enactment of this Act. ``(2) Court proceedings.--Subsection (b) of this section applies to proceedings for judicial review commenced on or after the date of enactment of this Act.''. SEC. 7. INDEPENDENT REVIEW. Section 11(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660) is amended by adding the following at the end thereof: ``The conclusions of the Commission with respect to all questions of law shall be given deference if reasonable.''.", "summary": "Occupational Safety and Health Fairness Act of 2003 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise requirements relating to enforcing, contesting, reviewing, and adjudicating citations, failures to correct violations, and assessments of penalties.Exempts employers from a 15-day deadline for notifying the Secretary of Labor of their intent to contest OSHA citations, notices of uncorrected violations, and proposed penalties, if their failure to meet such deadline results from mistake, inadvertence, surprise, or excusable neglect.Limits what may be considered willful violations under OSHA.Requires the Occupational Safety and Health Review Commission (OSHRC) to give de novo consideration to evidence of the penalty's appropriateness with respect to these factors: (1) size and financial condition of the business of the employer; (2) gravity of the violation, considering probability of harm, nature and extent of the harm, number of affected employees, and other relevant factors; (3) employer's good faith, including efforts to comply or abate; (4) history and recentness of substantially similar previous violations of the cited employer at the same nonconstruction worksite and construction worksites in the same State; and (5) the employer's, employees', or other persons' degree of responsibility or culpability for the violation.Increases OSHRC membership from three to five.Awards attorney's fees and costs to a prevailing employer in an administrative adversary adjudication, or a judicial review of an action, instituted under OSHA, if at the time such adjudication was initiated or such action filed the employer had not more than: (1) 100 employees; and (2) $1,500,000 net worth.Revises judicial review provisions to require deference to be given to reasonable OSHRC conclusions with respect to all questions of law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Volunteerism Enhancement Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The tragic events of September 11, 2001 demonstrated the need for citizen preparedness to prevent and respond to acts of terrorism. (2) The people of the United States responded to the tragic events of September 11, 2001 with courage and compassion as well as a renewed commitment and desire to help others. (3) The changing threat and issues that face the Nation call for the mobilization and effective use of citizenry in times of need. (4) Existing volunteer organizations, including the Coast Guard Auxiliary, have been very successful in providing a wide range of administrative and operational opportunities for citizen participation. (b) Purpose.--The purpose of this Act is to authorize the Secretary of Homeland Security to recruit and use volunteers to support homeland security efforts. SEC. 3. CITIZEN CORPS; BORDER CORPS. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following: ``SEC. 890A. CITIZEN CORPS. ``(a) Establishment.--The Secretary shall establish, as a component of the USA Freedom Corps established by Executive Order 13254, a program to be known as the `Citizen Corps' to coordinate homeland security volunteer activities. ``(b) Office of State and Local Government Coordination and Preparedness.--The Citizen Corps shall be headed by the Director of the Office of State and Local Government Coordination and Preparedness. ``(c) Volunteer Authority.--As part of the Citizen Corps established in subsection (a), the Secretary may recruit, train, and accept the services of volunteers notwithstanding section 1342 of title 31, United States Code. ``SEC. 890B. BORDER CORPS. ``(a) Establishment.--The Secretary shall establish a Border Corps, to be administered by the Commissioner of the Bureau of Customs and Border Protection. The Border Corps shall be an organization under the Citizen Corps. The Secretary shall recruit, train, and accept for enrollment the members of the Border Corps. ``(b) Volunteers.--Members of the Border Corps shall be volunteers who agree to contribute services without compensation. Section 1342 of title 31, United States Code, shall not apply to the acceptance of voluntary services by members of the Border Corps. ``(c) Duties.-- ``(1) In general.--The Border Corps shall assist the United States Border Patrol in carrying out its mission, to the extent authorized by the Secretary. ``(2) Focus.--Members of the Border Corps shall be assigned duties primarily in the areas of surveillance (responding to electronic sensor alarms and aircraft sightings, manning remote video surveillance camera systems), communications (using radio, cellular, and satellite communications equipment to assist Border Patrol agents in rapid response), transportation, and administrative support. ``(3) Additional duties.--Members of the Border Corps may also assist the Border Patrol in the following areas of United States Border Patrol operations: ``(A) Line watch operations to prevent illegal entry and smuggling. ``(B) Signcutting operations to detect and interpret disturbances in natural terrain conditions that indicate the presence or passage of people, animals, or vehicles. ``(C) Traffic checkpoints to detect aliens unlawfully traveling into the interior of the United States and to detect illegal narcotics. ``(D) Air operations. ``(E) Marine patrol. ``(F) Horse and bike patrol. ``(d) Status.-- ``(1) Not federal employees.--Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those provisions relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. ``(2) Exceptions.--A member of the Border Corps while assigned to duty shall be deemed to be a Federal employee only for the following purposes: ``(A) Chapter 26 of title 28, United States Code. ``(B) Subchapter I of chapter 81 of title 5, United States Code. ``(C) Claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of section 3721 of title 31, United States Code, shall apply. ``(3) Standards.--Nothing in this subsection shall constrain the Secretary from prescribing standards for the conduct and behavior of members of the Border Corps. ``(e) Eligibility.-- ``(1) In general.--All citizens and legal permanent residents of the United States over 18 years of age shall be eligible to serve in the Border Corps. ``(2) Background check.--All volunteers must undergo a background check in accordance with procedures established by the Secretary. ``(f) Training.--The Secretary shall create a training and certification program for Border Corps volunteers in accordance with the specific tasks and functions in which they participate. ``(g) Travel Expenses.--When any member of the Border Corps is assigned to such duty the member may, pursuant to regulations issued by the Secretary, be paid actual necessary traveling expenses, including a per diem allowance in lieu of subsistence in conformity with standardized Federal Government travel regulations, while traveling and while on duty away from home. No per diem shall be paid for any period during which quarters and subsistence in kind are furnished by the Federal Government. ``(h) Disenrollment.--Members of the Border Corps may be disenrolled at any time, with or without cause, by the Secretary or the member. ``(i) Border Patrol Staffing.-- ``(1) In general.--In accepting the services of individuals as volunteers through the Border Corps program, the Secretary shall not permit the use of volunteers to displace any employee. ``(2) Authorization for increase in border patrol agents.-- The Secretary shall increase the number of full-time active- duty Border Patrol agents in accordance with section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734).''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding after the item relating to section 890 the following: ``Sec. 890A. Citizen corps. ``Sec. 890B. Border corps.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Citizen Corps.--There are authorized to be appropriated to carry out section 890A of the Homeland Security Act of 2002, as added by section 3 of this Act, $50,000,000 for each of fiscal years 2007 through 2012. (b) Border Corps.--There are authorized to be appropriated to carry out section 890B of the Homeland Security Act of 2002, as added by section 3 of this Act, $20,000,000 for each of fiscal years 2007 through 2012.", "summary": "Homeland Security Volunteerism Enhancement Act of 2005 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish: (1) a Citizens Corps, as a component of the USA Freedom Corps, to coordinate homeland security volunteer activities; and (2) a Border Corps as a volunteer organization to assist the U.S. Border Patrol in carrying out its mission."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Recycling Equity Act of 1995''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to promote the reuse and recycling of scrap material, in furtherance of the goals of waste minimization and natural resource conservation, while protecting human health and the environment; (2) to level the playing field between the use of virgin materials and recycled materials; and (3) to remove the disincentives and impediments to recycling created by potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). SEC. 3. CLARIFICATION OF LIABILITY UNDER CERCLA FOR RECYCLING TRANSACTIONS. Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following: ``SEC. 127. RECYCLING TRANSACTIONS. ``(a) Definitions.--In this section: ``(1) Consuming facility.--The term `consuming facility' means a facility where recyclable material is handled, processed, reclaimed, or otherwise managed by a person other than a person who arranges for the recycling of the recyclable material. ``(2) Recyclable material.-- ``(A) In general.--Subject to subparagraph (B), the term `recyclable material' means scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber (other than whole tires), scrap metal, or spent lead- acid, spent nickel-cadmium, or other spent batteries, as well as minor quantities of material incident to or adhering to the scrap or spent material as a result of the normal and customary use of the material prior to the material becoming scrap or spent material. ``(B) PCBs.--The term `recyclable material' does not include a material that contains polychlorinated biphenyls in excess of-- ``(i) 50 parts per million; or ``(ii) any standard promulgated under Federal law after the date of enactment of this section. ``(3) Scrap metal.--The term `scrap metal' means 1 or more bits or pieces of metal parts (such as a bar, turning, rod, sheet, or wire), or 1 or more metal pieces that may be combined together with bolts or soldering (such as a radiator, scrap automobile, or railroad box car), that, when worn or superfluous, can be recycled, except for-- ``(A) a material that the Administrator excludes from the definition of scrap metal by regulation; and ``(B) a steel shipping container with a capacity of not less than 30 and not more than 3,000 liters, whether intact or not, that has any hazardous substance (but not metal bits or pieces) contained in or adhering to the container. ``(b) Limitation on Liability.-- ``(1) In general.--Subject to subsection (c), a person who arranges for the recycling of recyclable material shall not be liable under paragraph (3) or (4) of section 107(a). ``(2) Transactions deemed to be recycling of a recyclable material.--For purposes of this section, a transaction involving a recyclable material is considered to be arranging for recycling of recyclable material if the person arranging for the transaction can demonstrate, by a preponderance of the evidence, that, at the time of the transaction-- ``(A) the recyclable material met a commercial specification grade; ``(B) a market existed for the recyclable material; ``(C) a substantial portion of the recyclable material was made available for use as a feedstock for the manufacture of a new salable product; ``(D) the recyclable material could have been a replacement or substitute for a virgin raw material, or the product to be made from the recyclable material could have been a replacement or substitute for a product made, in whole or in part, from a virgin raw material; ``(E) in the case of a transaction occurring not later than 90 days after the date of enactment of this section, the person exercises reasonable care to determine that the consuming facility was in compliance with any substantive (and not procedural or administrative) provision of Federal, State, or local environmental law or regulation, and any compliance order or decree issued pursuant to the law or regulation, applicable to the handling, processing, reclamation, storage, or other management activity associated with the recyclable material; ``(F) in the case of a transaction involving scrap metal-- ``(i) in the case of a transaction occurring after the effective date of the issuance of a regulation or standard regarding the storage, transport, management, or other activity associated with the recycling of scrap metal that the Administrator promulgates under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) subsequent to the date of enactment of this section, the person acted in compliance with the regulation or standard; and ``(ii) the person did not melt the scrap metal prior to the transaction; and ``(G) in the case of a transaction involving a battery-- ``(i) the person did not recover the valuable components of the battery; ``(ii) in the case of a transaction involving a lead-acid battery, the person acted in compliance with any applicable Federal environmental regulation or standard regarding the storage, transport, management, or other activity associated with the recycling of a spent lead-acid battery; ``(iii) in the case of a transaction involving a nickel-cadmium battery-- ``(I) a Federal environmental regulation or standard is in effect regarding the storage, transport, management, or other activity associated with the recycling of a spent nickel-cadmium battery; and ``(II) the person acted in compliance with the regulation or standard; and ``(iv) with respect to a transaction involving a spent battery other than a lead- acid or nickel-cadmium battery-- ``(I) a Federal environmental regulation or standard is in effect regarding the storage, transport, management, or other activity associated with the recycling of the spent battery; and ``(II) the person acted in compliance with the regulation or standard. ``(3) Sweating.--For purposes of paragraph (2)(F)(ii), melting of scrap metal does not include the thermal separation of 2 or more materials due to differences in the melting points of the materials. ``(4) Processing of battery by third person.--For purposes of paragraph (2)(G)(i), a person who, by contract, arranges or pays for processing of a battery by an unrelated third person, and receives from the third person materials reclaimed from the battery, shall be considered not to have recovered the valuable components of the battery. ``(5) Reasonable care.--For purposes of paragraph (2)(E), reasonable care shall be determined using criteria that include-- ``(A) the price paid to or received by the person in the recycling transaction; ``(B) the ability of the person to detect the nature of the operations of the consuming facility concerning the handling, processing, reclamation, or other management activities associated with the recyclable material; and ``(C) the result of any inquiry made to an appropriate Federal, State, or local environmental agency regarding the past and current compliance of the consuming facility with substantive (and not procedural or administrative) provisions of Federal, State, and local environmental laws and regulations, and any compliance order or decree issued pursuant to the laws and regulations, applicable to the handling, processing, reclamation, storage, or other management activity associated with the recyclable material. ``(c) Exclusion From Limitation on Liability.-- ``(1) In general.--Subsection (b) shall not apply if the person arranging for recycling of a recyclable material-- ``(A) had an objectively reasonable basis to believe at the time of the recycling transaction that-- ``(i) the recyclable material would not be recycled; ``(ii) the recyclable material would be burned as fuel, or for energy recovery or incineration; or ``(iii) in the case of a transaction occurring not later than 90 days after the date of the enactment of this section, the consuming facility acting not in compliance with a substantive (and not a procedural or administrative) provision of any Federal, State, or local environmental law or regulation, or a compliance order or decree issued pursuant to the law or regulation, applicable to the handling, processing, reclamation, or other management activity associated with the recyclable material; ``(B) added a hazardous substance to the recyclable material for purposes other than processing for recycling; or ``(C) failed to exercise reasonable care with respect to the management or handling of the recyclable material. ``(2) Reasonable basis for belief.--For purposes of paragraph (1)(A), an objectively reasonable basis for belief shall be determined using criteria that include-- ``(A) the size of any business owned by the person; ``(B) the customary industry practices for any business owned by the person; ``(C) the price paid to or received by the person in the recycling transaction; ``(D) the ability of the person to detect the nature of the operations of the consuming facility concerning the handling, processing, reclamation, or other management activities associated with the recyclable material. ``(c) Permit Requirement.--For the purposes of this section, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activity associated with a recyclable material shall be considered to be a substantive provision. ``(d) Regulations.--The Administrator may issue regulations to carry out this section. ``(e) Liability for Attorney Fees for Certain Actions.--Any person who commences an action for contribution against a person who is alleged to be liable under this Act but is found not to be liable as a result of this section shall be liable to the person defending the action for all reasonable costs of defending the action, including all reasonable attorney and expert witness fees. ``(f) Effect on Pending or Concluded Actions.--This section shall not affect a judicial or administrative action concluded prior to the date of enactment of this section, or a pending judicial action initiated by the United States prior to the date of enactment of this section. ``(g) Effect on Other Liability.--Nothing in this section affects the liability of a person under paragraph (1) or (2) of section 107(a). ``(h) Relationship to Liability Under Other Laws.--Nothing in this section affects-- ``(1) liability under any other Federal, State, or local law, or regulation promulgated pursuant to the law, including any requirement promulgated by the Administrator under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or ``(2) the ability of the Administrator to promulgate a regulation under any other law, including the Solid Waste Disposal Act.''.", "summary": "Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Excludes from the definition of \"recyclable material\" any material that contains polychlorinated biphenyls in excess of 50 parts per million or any Federal standard promulgated after this Act's enactment. Considers transactions involving scrap paper, plastic, glass, textiles, rubber (other than whole tires), or metal or spent batteries to be arranging for recycling if the person arranging the transaction can demonstrate that: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; (4) in the case of transactions occurring no later than 90 days after this Act's enactment, the person exercised reasonable care to determine that the consuming facility was in compliance with Federal, State, or local environmental laws or regulations; (5) in the case of transactions involving scrap metal that occurred after the effective date of a regulation or standard associated with scrap metal recycling promulgated under the Solid Waste Disposal Act, the person was in compliance with such regulation or standard and did not melt the metal prior to the transaction; and (6) in the case of transactions involving batteries, the person did not recover the valuable components of the battery and the person was in compliance with Federal environmental regulations or standards regarding battery recycling. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that, in the case of transactions occurring no later than 90 days after this Act's enactment, the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Armed Forces Education Benefits Improvement Act''. SEC. 2. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL FOR ACTIVE DUTY MEMBERS. (a) In General.--Section 3015 of title 38, United States Code, is amended-- (1) in subsection (a), by amending paragraph (1) to read as follows: ``(1) for an approved program of education pursued on a full-time basis-- ``(A) $1,584 per month for months during fiscal year 2005; and ``(B) for months during fiscal year 2006 and each subsequent fiscal year, the monthly amount under this paragraph for the previous fiscal year multiplied by the percentage increase calculated under subsection (h); or''; (2) in subsection (b), by amending paragraph (1) to read as follows: ``(1) for an approved program of education pursued on a full-time basis-- ``(A) $1,267 per month for months during fiscal year 2005; and ``(B) for months during fiscal year 2006 and each subsequent fiscal year, the monthly amount under this paragraph for the previous fiscal year multiplied by the percentage increase calculated under subsection (h); or''; and (3) in subsection (h)(1), by striking ``all items'' and inserting ``college tuition and fees''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the first day of the first month beginning after the date of enactment of this Act. SEC. 3. ANALYSIS OF IMPACT OF MONTGOMERY GI BILL EDUCATIONAL BENEFITS. (a) Findings.--Congress finds that-- (1) the enhanced educational benefits provided under the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 are an important step in ensuring that members of the Selected Reserve are thanked for their increasing role in the modern warfare; and (2) when these members return from extended tours in Iraq, Afghanistan, and other places, they should be provided with immediate access to these enhanced educational benefits. (b) Cooperation.--The Secretary of Defense shall work expeditiously with the Secretary of Veterans Affairs to ensure that members of the Selected Reserve receive the educational benefits referred to in subsection (a) in a timely manner. (c) Studies.-- (1) Secretary of defense.--The Secretary of Defense shall conduct a study analyzing the effect of all Montgomery GI bill educational benefits on recruitment and retention during the 12-month period beginning on the date on which the enhanced benefits referred to in subsection (a) become available. (2) Secretary of veterans affairs.--The Secretary of Veterans Affairs shall conduct a study analyzing the effect of all Montgomery GI bill educational benefits on the readjustment of veterans eligible for educational benefits under section 3015 of title 38, United States Code, and chapters 1606 and 1607 of title 10, United States Code, during the 12-month period beginning on the date on which the enhanced benefits referred to in subsection (a) become available. (3) Report.--Not later than 18 months after the date on which the enhanced benefits referred to in subsection (a) become available, the Secretary of Defense and the Secretary of Veterans Affairs shall submit a report on the results of the studies conducted under paragraphs (1) and (2) to-- (A) the Committee on Armed Services of the Senate; (B) the Committee on Armed Services of the House of Representatives; (C) the Committee on Veterans' Affairs of the Senate; and (D) the Committee on Veterans' Affairs of the House of Representatives. SEC. 4. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL FOR CERTAIN MEMBERS OF THE SELECTED RESERVE. (a) Increase in Rates.--Section 16131(b) of title 10, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``at the following rates:'' and inserting ``--''; and (B) by striking subparagraphs (A) through (C) and inserting the following: ``(A) for a program of education pursued on a full-time basis-- ``(i) $475 per month for months during fiscal year 2005; and ``(ii) for months during fiscal year 2006 and each subsequent fiscal year, the monthly amount under this subparagraph for the previous fiscal year multiplied by the percentage increase calculated under paragraph (2); ``(B) for a program of education pursued on a three- quarter-time basis-- ``(i) $356 per month for months during fiscal year 2005; and ``(ii) for months during fiscal year 2006 and each subsequent fiscal year, the monthly amount under this subparagraph for the previous fiscal year multiplied by the percentage increase calculated under paragraph (2); ``(C) for a program of education pursued on a half-time basis-- ``(i) $238 per month for months during fiscal year 2005; and ``(ii) for months during fiscal year 2006 and each subsequent fiscal year, the monthly amount under this subparagraph for the previous fiscal year multiplied by the percentage increase calculated under paragraph (2); and''; and (2) in paragraph (2)-- (A) by inserting ``beginning on or after October 1, 2005'' after ``With respect to any fiscal year''; and (B) in subparagraph (A), by striking ``all items'' and inserting ``college tuition and fees''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the first day of the first month beginning after the date of enactment of this Act. SEC. 5. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER THE MONTGOMERY GI BILL. (a) In General.--Chapter 30 of title 38, United States Code, is amended by inserting after section 3018C the following: ``Sec. 3018D. Opportunity for certain active-duty personnel to enroll ``(a)(1) Notwithstanding any other provision of this chapter, during the 1-year period beginning on the date of enactment of this section, a qualified individual (described in subsection (b)) may make an irrevocable election under this section to receive basic educational assistance under this chapter. ``(2) The Secretary of each military department shall provide for procedures for a qualified individual to make an irrevocable election under this section in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy. ``(b) A qualified individual referred to in subsection (a) is an individual who meets each of the following requirements: ``(1) The individual first became a member of the Armed Forces or first served on active duty as a member of the Armed Forces before July 1, 1985. ``(2) The individual-- ``(A) has served on active duty without a break in service since the date the individual first became such a member or first served on active duty as such a member; and ``(B) continues to serve on active duty for some or all of the 1-year period described in subsection (a). ``(3) The individual, before applying for benefits under this section-- ``(A) completed the requirements of a secondary school diploma (or equivalency certificate); or ``(B) has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree. ``(4) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge. ``(c)(1) Subject to paragraph (2), with respect to a qualified individual who elects under this section to receive basic educational assistance under this chapter-- ``(A) the basic pay of the qualified individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such basic pay is reduced is $1,200; and ``(B) to the extent that basic pay is not reduced under subparagraph (A) before the qualified individual's discharge or release from active duty, an amount equal to the difference between $1,200 and the total amount of reductions under subparagraph (A), which shall be paid into the Treasury of the United States as miscellaneous receipts, shall, at the election of the qualified individual, be-- ``(i) collected from the qualified individual by the Secretary concerned; or ``(ii) withheld from the retired or retainer pay of the qualified individual by the Secretary concerned. ``(2)(A) The Secretary concerned shall provide for an 18-month period, beginning on the date the qualified individual makes an election under this section, for the qualified individual to pay that Secretary the amount due under paragraph (1). ``(B) Nothing in subparagraph (A) shall be construed as modifying the period of eligibility for and entitlement to basic educational assistance under this chapter applicable under section 3031 of this title. ``(d) With respect to qualified individuals referred to in subsection (c)(1)(B), no amount of educational assistance allowance under this chapter shall be paid to the qualified individual until the earlier of the date on which-- ``(1) the Secretary concerned collects the applicable amount under subsection (c)(1)(B)(i); or ``(2) the retired or retainer pay of the qualified individual is first reduced under subsection (c)(1)(B)(ii). ``(e) The Secretary, in conjunction with the Secretary of Defense, shall provide for notice of the opportunity under this section to elect to become entitled to basic educational assistance under this chapter.''. (b) Conforming Amendments.--Section 3017(b)(1) of title 38, United States Code, is amended-- (1) in subparagraphs (A) and (C), by striking ``or 3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and (2) in subparagraph (B), by inserting ``or 3018D(c)'' after ``under section 3018C(e)''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of title 38, United States Code, is amended by inserting after the item relating to section 3018C the following: ``3018D. Opportunity for certain active-duty personnel to enroll.''.", "summary": "Armed Forces Education Benefits Improvement Act - Increases for FY2005 and thereafter the amount of monthly basic educational assistance under the Montgomery GI Bill (GI Bill) for veterans whose obligated period of active duty for such entitlement is three years. Increases such amounts, for FY2006 and thereafter, by the percentage increase in the Consumer Price Index. Directs the Secretary of Defense to work expeditiously with the Secretary of Veterans Affairs to ensure that members of the Selected Reserve receive their educational benefits in a timely manner. Requires a study from the Secretary of: (1) Defense analyzing the effect of all GI Bill educational benefits on recruitment and retention; and (2) Veterans Affairs analyzing the effect of such benefits on the readjustment of veterans eligible for the increased benefits, above. Increases for FY2005 and thereafter the amount of monthly educational assistance for members of the Selected Reserve who agree to remain members for at least six years. Increases such amounts, for FY2006 and thereafter, by the percentage increase in the Consumer Price Index. Allows eligible members of the Armed Forces to make an irrevocable election to receive basic educational assistance under the GI Bill. Defines as eligible members those who: (1) first became a member or first served on active duty before July 1, 1985; (2) served on active duty without a break in service since such date; (3) continue to so serve during the one-year period following enactment of this Act; (4) have successfully completed the requirements of a secondary school diploma and the equivalent of 12 semester hours toward a standard college degree; and (5) when discharged or released, receive an honorable discharge."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``No Electronic Theft (NET) Act''. SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS. (a) Definition of Financial Gain.--Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the term ``display'', the following new paragraph: ``The term `financial gain' includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works.''. (b) Criminal Offenses.--Section 506(a) of title 17, United States Code, is amended to read as follows: ``(a) Criminal Infringement.--Any person who infringes a copyright willfully either-- ``(1) for purposes of commercial advantage or private financial gain, or ``(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000, shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.''. (c) Limitation on Criminal Proceedings.--Section 507(a) of title 17, United States Code, is amended by striking ``three'' and inserting ``5''. (d) Criminal Infringement of a Copyright.--Section 2319 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``subsection (a) of this section'' and inserting ``section 506(a)(1) of title 17''; and (B) in paragraph (1)-- (i) by inserting ``including by electronic means,'' after ``if the offense consists of the reproduction or distribution,''; and (ii) by striking ``with a retail value of more than $2,500'' and inserting ``which have a total retail value of more than $2,500''; and (3) by redesignating subsection (c) as subsection (e) and inserting after subsection (b) the following: ``(c) Any person who commits an offense under section 506(a)(2) of title 17, United States Code-- ``(1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more; ``(2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and ``(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000. ``(d)(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (e) Unauthorized Fixation and Trafficking of Live Musical Performances.--Section 2319A of title 18, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Victim Impact Statement.--(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (f) Trafficking in Counterfeit Goods or Services.--Section 2320 of title 18, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d)(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such goods or services; and ``(C) the legal representatives of such producers, sellers, and holders.''. (g) Directive to Sentencing Commission.--(1) Under the authority of the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987) and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the sentencing guidelines and policy statements), the United States Sentencing Commission shall ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property (including offenses set forth at section 506(a) of title 17, United States Code, and sections 2319, 2319A, and 2320 of title 18, United States Code) is sufficiently stringent to deter such a crime and to adequately reflect the additional considerations set forth in paragraph (2) of this subsection. (2) In implementing paragraph (1), the Sentencing Commission shall ensure that the guidelines provide for consideration of the retail value and quantity of the items with respect to which the crime against intellectual property was committed. SEC. 3. INFRINGEMENT BY UNITED STATES. Section 1498(b) of title 28, United States Code, is amended by striking ``remedy of the owner of such copyright shall be by action'' and inserting ``action which may be brought for such infringement shall be an action by the copyright owner''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "No Electronic Theft (NET) Act - Amends Federal copyright law to define \"financial gain\" to include the receipt of anything of value, including the receipt of other copyrighted works. Sets penalties for willfully infringing a copyright: (1) for purposes of commercial advantage or private financial gain; or (2) by reproducing or distributing, including by electronic means, during any 180-day period, one or more copies of one or more copyrighted works with a total retail value of more than $1,000. Provides that evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement. Extends the statute of limitations for criminal copyright infringement from three to five years. Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by electronic means, during any 180-day period, at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $2,500. Provides for: (1) up to three years' imprisonment and fines in infringement cases described above (exclusive of commercial gain intent considerations); (2) up to six years' imprisonment and a fine for a second or subsequent felony offense under (1); and (3) up to one year's imprisonment and a fine for the reproduction or distribution of one or more copies or phonorecords of one or more copyrighted works with a total retail value of more than $1,000. Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim. Directs the U.S. Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime and adequately reflects consideration of the retail value and quantity of items with respect to which the crime against intellectual property was committed."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Modernization Act''. SEC. 2. ECONOMIC TRANSITION CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 13403(a) of Public Law 115-97, is amended by adding at the end the following new section: ``SEC. 45T. ECONOMIC TRANSITION CREDIT. ``(a) In General.--For purposes of section 38, the amount of the economic transition credit determined under this section for the taxable year shall be equal to the sum of any applicable payroll taxes paid by an employer during the taxable year with respect to employment of any qualified employee. ``(b) Definitions.--For purposes of this section: ``(1) Applicable payroll taxes.-- ``(A) In general.--The term `applicable payroll taxes' means, with respect to any employer for any taxable year, the amount of the taxes imposed by-- ``(i) section 3111 on wages paid by an employer with respect to employment of qualified employee during the applicable period, and ``(ii) section 3221(a) on compensation paid by an employer with respect to services rendered by a qualified employee during the applicable period. ``(B) Applicable period.--For purposes of subparagraph (A), the term `applicable period' means the 3-year period beginning with the day the qualified employee begins work for the employer. ``(2) Declining field.-- ``(A) In general.--The term `declining field' means any occupation or field of work which has been determined by the Secretary, in consultation with the Bureau of Labor Statistics of the Department of Labor, to have experienced a decline in the level of average employment in such occupation or field in the United States of not less than 8 percent over the most recent 3-year period for which such information is available. ``(B) Determination and publication.--The Secretary, in consultation with the Bureau of Labor Statistics of the Department of Labor, shall annually-- ``(i) determine which occupations or fields of work satisfy the requirements described in subparagraph (A), and ``(ii) publish and make available on the website of the Department of the Treasury a complete list of such occupations and fields of work. ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means an individual who-- ``(i) is provided wages for employment by the employer (as such terms are defined in section 3121), provided that such employment is not in a declining field, ``(ii) is not a covered employee (as defined in section 162(m)(3)), and ``(iii) was employed in a declining field for any period during the 12-month period preceding the applicable period under paragraph (1)(B). ``(B) Nonqualifying rehires.--The term `qualifying employee' shall not include any individual who, prior to the beginning of the applicable period under paragraph (1)(B), had been employed by the employer at any time.''. (b) Credit Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986, as amended by section 13403(b) of Public Law 115-97, is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(38) the economic transition credit determined under section 45T(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45T. Economic Transition Credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. ENHANCEMENTS TO CERTAIN EDUCATION TAX BENEFITS FOR PROFESSIONALS IN SHORT SUPPLY. (a) In General.-- (1) Publication.--For each calendar year beginning after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Labor, shall publish and make available on the website of the Department of the Treasury a list of any occupation or field of work which qualifies as a short supply field for such calendar year. (2) Short supply field.--The term ``short supply field'' means an occupation or field of work which the Secretary of the Treasury, in consultation with the Secretary of Labor, has determined-- (A) requires-- (i) theoretical and practical application of a body of highly specialized knowledge; and (ii)(I) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent); or (II) experience in the specialty equivalent to the completion of such degree; and (B) has an insufficient number of individuals who are citizens or residents of the United States and are qualified, willing, and able to satisfy the demand for labor in such occupation or field of work. (b) Enhancements to Certain Education Tax Benefits.-- (1) In general.-- (A) Educational assistance programs.--Paragraph (2) of section 127(a) of the Internal Revenue Code of 1986 is amended by inserting ``(or, in the case of an individual employed in an occupation or field of work which has been designated as a short supply field for such calendar year pursuant to section 3(a) of the Economic Modernization Act, the first $15,000 of such assistance so furnished)'' before the period at the end. (B) Interest on education loans.--Paragraph (1) of section 221(b) of the Internal Revenue Code of 1986 is amended by inserting ``(or, in the case of a individual employed in an occupation or field of work which has been designated, pursuant to section 3(a) of the Economic Modernization Act, as a short supply field for the calendar year in which such taxable year began, shall not exceed $8,000)'' before the period at the end. (C) Qualified tuition and related expenses.-- Paragraph (1) of section 222(b) of the Internal Revenue Code of 1986 is amended by inserting ``(or, in the case of an individual employed in an occupation or field of work which has been designated, pursuant to section 3(a) of the Economic Modernization Act, as a short supply field for the calendar year in which such taxable year began, an amount equal to the applicable dollar limit multiplied by 2)'' before the period at the end. (2) Exclusion for certain employer payments of student loans.-- (A) In general.--Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of an employee employed in an occupation or field of work which has been designated as a short supply field for a calendar year pursuant to section 3(a) of the Economic Modernization Act, the payment by an employer during such calendar year, whether paid to the employee or to a lender, of principal or interest on any qualified education loan (as defined in section 221(d)(1)) incurred by the employee, and''. (B) Conforming amendment; denial of double benefit.--Paragraph (1) of section 221(e) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: ``, or for which an exclusion is allowable under section 127 to the taxpayer's employer by reason of the payment by such employer of any indebtedness on a qualified education loan of the taxpayer''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. DEDUCTION OF QUALIFIED ENTERPRISE INCOME. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 181 the following new section: ``SEC. 182. QUALIFIED ENTERPRISE INCOME. ``(a) In General.--In the case of a qualified taxpayer, there shall be allowed as a deduction an amount equal to any qualified enterprise income of such taxpayer. ``(b) Limitation.--The amount of the deduction allowed under subsection (a) for any taxable year shall not exceed an amount equal to 50 percent of the W-2 wages paid by the qualified taxpayer during such taxable year. ``(c) Definitions.--In this section: ``(1) Qualified enterprise income.-- ``(A) In general.--The term `qualified enterprise income' means the amount equal to the excess (if any) of-- ``(i) the gross receipts of the qualified taxpayer for the taxable year which are properly allocable to a qualified facility, over ``(ii) an amount equal to the sum of-- ``(I) the cost of goods sold which are allocable to such receipts, and ``(II) any other expenses, losses or deductions (with the exception of the deduction allowed under this section) which are allocable to such receipts. ``(B) Limitation.--The term `qualified enterprise income' shall apply only to gross receipts described in subparagraph (A) for the 3-taxable-year period beginning after the qualified facility is placed in service. ``(C) Method of allocation.--The Secretary shall prescribe regulations for ensuring proper allocation of amounts under subparagraph (A). ``(2) Qualified facility.-- ``(A) In general.--The term `qualified facility' means any nonresidential building (and its structural components) which-- ``(i) prior to 2000, was placed in service and used in the active conduct of a trade or business by a person other than the qualified taxpayer, ``(ii) after being acquired by the qualified taxpayer, has been substantially rehabilitated, ``(iii) during the 2-year period prior to commencement of rehabilitation by the qualified taxpayer, was not used in the active conduct of a trade or business, and ``(iv) is located within a State. ``(B) Substantial rehabilitation.--For purposes of this paragraph, a building shall be deemed to have been substantially rehabilitated only if-- ``(i) not less than 50 percent of the existing external walls of such building are retained in place as external walls, ``(ii) not less than 75 percent of the existing internal structural framework of such building is retained in place, and ``(iii) the amount properly chargeable to the capital account for any addition to or improvement of the building is in excess of an amount equal to the greater of-- ``(I) the adjusted basis of such building (and its structural components), or ``(II) $20,000. ``(3) Qualified taxpayer.--The term `qualified taxpayer' means the person that owns the qualified facility and directly incurs not less than 50 percent of the expenses for substantially rehabilitating such facility (under rules similar to the rules applicable to self-rehabilitated buildings under section 47(d)(4)). ``(4) State.--The term `State' means any State of the United States or the District of Columbia or any Territory or possession of the United States. ``(5) W-2 wages.-- ``(A) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. ``(B) Limitation to wages attributable to qualified enterprise income.--Such term shall not include any amount which is not properly allocable to qualified enterprise income for purposes of subsection (c)(1). ``(C) Return requirement.--Such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return.''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 182. Qualified Enterprise Income.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Economic Modernization Act This bill amends the Internal Revenue Code to allow additional tax credits and deductions to assist employees who work in declining or short-supply fields. A "declining field" has experienced a decline in the level of average employment of at least 8% over the most recent 3-year period. A "short-supply" field: (1) requires theoretical and practical application of a body of highly specialized knowledge and certain degrees or experience in the specialty; and (2) has an insufficient number of U.S. citizens or residents who are qualified, willing, and able to satisfy the demand for labor in the occupation or field of work. For employers, the bill allows an economic transition tax credit for payroll taxes paid over a three-year period with respect to employees who previously worked in a declining field. For individuals employed in short-supply fields, the bill: increases the limit for the exclusion from gross income for employer-provided educational assistance programs and expands the exclusion to include payments of education loans, increases the limit for the deduction for interest on education loans, and increases the limit for the deduction for qualified tuition and related expenses. The bill also allows a deduction for companies that rehabilitate certain abandoned buildings. The deduction is equal to a portion of the income attributable to the rehabilitated building and may not exceed 50% of the wages paid by the company."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Religious Freedom Act of 1999''. SEC. 2. AMENDMENTS. (a) Definitions.--Section 701(j) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(j)) is amended-- (1) by inserting ``(1)'' after ``(j)''; (2) by inserting ``, after initiating and engaging in an affirmative and bona fide effort,'' after ``unable''; (3) by striking ``an employee's'' and all that follows through ``religious'' and insert ``an employee's religious''; and (4) by adding at the end the following: ``(2) As used in this subsection, the term `employee' includes a prospective employee. ``(3) As used in this subsection, the term `undue hardship' means an accommodation requiring significant difficulty or expense. For purposes of determining whether an accommodation requires significant difficulty or expense-- ``(A) an accommodation shall be considered to require significant difficulty or expense if the accommodation will result in the inability of an employee to perform the essential functions of the employment position of the employee; and ``(B) other factors to be considered in making the determination shall include-- ``(i) the identifiable cost of the accommodation, including the costs of loss of productivity and of retraining or hiring employees or transferring employees from one facility to another, in relation to the size and operating cost of the employer; ``(ii) the number of individuals who will need the particular accommodation to a religious observance or practice; and ``(iii) for an employer with multiple facilities, the degree to which the geographic separateness or administrative or fiscal relationship of the facilities will make the accommodation more difficult or expensive.''. (b) Employment Practices.--Section 703 of such Act (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o)(1) As used in this subsection: ``(A) The term `employee' includes a prospective employee. ``(B) The term `leave of general usage' means leave provided under the policy or program of an employer, under which-- ``(i) an employee may take leave by adjusting or altering the work schedule or assignment of the employee according to criteria determined by the employer; and ``(ii) the employee may determine the purpose for which the leave is to be utilized. ``(C) The term `undue hardship' has the meaning given the term in section 701(j)(3). ``(2) For purposes of determining whether an employer has committed an unlawful employment practice under this title by failing to provide a reasonable accommodation to the religious observance or practice of an employee, an accommodation by the employer shall not be deemed to be reasonable if such accommodation does not remove the conflict between employment requirements and the religious observance or practice of the employee. ``(3) An employer shall be considered to commit such a practice by failing to provide such a reasonable accommodation for an employee if the employer refuses to permit the employee to utilize leave of general usage to remove such a conflict solely because the leave will be used to accommodate the religious observance or practice of the employee. ``(4) It shall not be a defense to a claim of unlawful employment practice under this title for failure to provide a reasonable accommodation to a religious observance or practice of an employee that such accommodation would be in violation of a bona fide seniority system if, in order for the employer to reasonably accommodate such observance or practice-- ``(A) an adjustment would be made in the employee's work hours (including an adjustment that requires the employee to work overtime in order to avoid working at a time that abstention from work is necessary to satisfy religious requirements), shift, or job assignment, that would not be available to any employee but for such accommodation; or ``(B) the employee and any other employee would voluntarily exchange shifts or job assignments, or voluntarily make some other arrangement between the employees. ``(5)(A) An employer shall not be required to pay premium wages or confer premium benefits for work performed during hours to which such premium wages or premium benefits would ordinarily be applicable, if work is performed during such hours only to accommodate religious requirements of an employee. ``(B) As used in this paragraph-- ``(i) the term `premium benefit' means an employment benefit, such as seniority, group life insurance, health insurance, disability insurance, sick leave, annual leave, an educational benefit, or a pension, that is greater than the employment benefit due the employee for an equivalent period of work performed during the regular work schedule of the employee; and ``(ii) the term `premium wages' includes overtime pay and compensatory time off, premium pay for night, weekend, or holiday work, and premium pay for standby or irregular duty.''. SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by section 2 take effect on the date of enactment of this Act. (b) Application of Amendments.--The amendments made by section 2 do not apply with respect to conduct occurring before the date of enactment of this Act.", "summary": "Prohibits deeming an accommodation by the employer reasonable if the accommodation does not remove the conflict between employment requirements and the religious observance or practice. Excludes, in certain circumstances, a defense that the accommodation would be in violation of a seniority system. Prohibits requiring payment of premium wages for work performed during hours to which premium wages would ordinarily be applicable if work is performed during those hours only to accommodate religious requirements of an employee."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Nonprofit Hospital Protection Act of 1997''. SEC. 2. DISQUALIFICATION FROM MEDICARE PAYMENT OF NON-PROFIT HOSPITALS THAT TRANSFER ASSETS OR CONTROL TO A FOR-PROFIT ENTITY WITHOUT APPROVAL. (a) In General.--Part A of title XVIII of the Social Security Act is amended by adding at the end the following new section: ``disqualification of certain nonprofit hospitals from payment if assets or control transferred to a for-profit entity without approval ``Sec. 1821. (a) Requirement.--No payment may be made under this part with respect to inpatient hospital services of a hospital if the hospital, on or after January 7, 1997, was owned or controlled by a nonprofit entity and there is an impermissible transfer (as defined in subsection (b)) with respect to the hospital or the entity. ``(b) Impermissible Transfers.-- ``(1) In general.--For purposes of this section, the term `impermissible transfer' means any covered transfer (as defined in paragraph (2)) that has not been considered to be approved in accordance with subsection (c). ``(2) Covered transfer defined.--For purposes of this section, the term `covered transfer' means, with respect to a hospital that is owned or controlled by a nonprofit entity-- ``(A) the sale, transfer, lease, exchange, option, conveyance, or other disposition of, the assets of the hospital (or of the entity in relation to the hospital) to a for-profit entity, if a material amount of the assets relating to the hospital are involved in such disposition; or ``(B) the transfer of control, responsibility, or governance of a material amount of the assets or operation of the hospital (or of the entity in relation to the hospital) to any for-profit entity. Transfers described in this paragraph may be effected through sale, joint venture, joint operating agreement, or any other means. ``(3) Other definitions.--For purposes of this section: ``(A) The term `acquired hospital' means, with respect to a covered transfer, the non-profit hospital the assets or control of which are the subject of the transfer. ``(B) The term `acquiring entity' means, with respect to a covered transfer, the for-profit entity that is involved in the transfer. ``(c) Conditions for Approval.--Subject to subsection (d)-- ``(1) In general.--A covered transfer with respect to an acquired hospital owned or controlled by a nonprofit entity is not considered to be approved in accordance with this subsection unless-- ``(A) the acquiring entity has disclosed to the Secretary, in a form and manner specified by the Secretary, the information described in paragraph (2) relating to the transfer; ``(B) there has been an independent fairness review conducted of the proposed transfer and the report on the review concludes that no assets of the acquired hospital in relation to the nonprofit entity have inappropriately benefited any private parties; and ``(C) the Secretary has approved the transfer. ``(3) Information to be disclosed.--The information described in this paragraph is a complete description of the terms of covered transfer, together with a description of all collateral arrangements, including information describing-- ``(A) the acquired hospital and the nonprofit entity that owns or controls the hospital; ``(B) the acquiring entity; ``(C) other parties to the transfer; ``(D) terms of the proposed transfer; ``(E) the value of consideration to be provided in connection with the transfer (including details as to the basis for the valuation); ``(F) copies of documents relating to the transfer; ``(G) the identity of individuals and persons who are officers, directors, or affiliates of the nonprofit entity and whether they have any direct or indirect economic interest in the transfer (including any promise or discussion of future employment); and ``(H) such other information as the Secretary may require. ``(3) Public disclosure.--The Secretary shall provide for public disclosure (including disclosure through electronic means on the Internet) of information described in paragraph (3) provided under paragraph (1)(A) and the report on the transfer described in paragraph (1)(B). ``(4) Conditions for approval of transfers.--The Secretary may not approve a covered transfer relating to an acquired hospital owned or controlled by a nonprofit entity unless, after completion of the public hearing described in paragraph (6), the Secretary determines that the following conditions are met: ``(A) Due care was exercised by the nonprofit entity in deciding to enter into the transfer, selecting the acquiring entity, and negotiating the terms of the transfer. ``(B) The nonprofit entity sought appropriate expert assistance in making decisions in relation to the transfer. ``(C) The nonprofit entity took all reasonable steps to avoid conflict of interests. ``(D) The nonprofit entity will receive fair market value for its assets transferred in connection with the covered transfer. ``(E) No charitable funds are placed at risk in connection with the covered transfer. ``(F) The amount of any compensation under any management contract entered into in connection with the covered transfer is fair. ``(G) The proceeds to the nonprofit entity in connection with the covered transfer will be used only for appropriate charitable purposes consistent with the entity's non-profit charter and for the promotion of health in the affected community and such proceeds will be controlled as charitable funds independent of the acquiring entity. ``(H) Any charitable corporation established to hold proceeds of the acquired hospital in connection with the covered transfer will be broadly based in the community. ``(I) There are sufficient safeguards to assure the affected community continues to have access to affordable hospital services. ``(J) The acquiring entity has made a commitment to provide comparable care to the disadvantaged, the uninsured, and the underinsured, and to provide benefits to the affected community. ``(K) The acquiring entity has no contractual right to receive or direct future grants in relation to the acquired hospital. ``(L) The acquiring entity has paid the Secretary, with respect to the covered transfer, a fee sufficient to cover the costs of the Secretary in administering this section in relation to such transfer. ``(6) Public hearing.--Before approving a covered transfer, the Secretary shall provide for notice and a public hearing to take place in the community of the acquired hospital concerning the transfer and publication of a public report on testimony received at the hearing. ``(d) Application of Alternative State Law Requirements.--A covered transfer is deemed to meet an applicable requirement of subsection (c) relating to the transfer to the extent that the Secretary determines that there is a State law that imposes a requirement at least as stringent as the requirement involved with respect to the transfer. ``(e) Delegation of Authority.--The Secretary may exercise the Secretary's authority under this section through any appropriate official in the Department of Health and Human Services. ``(f) No Effect on Other Rights.--The fact that the Secretary has approved a covered transfer under this section shall not supersede other rights that any entity (including the federal government or a State or local government) may have to challenge the transfer on any grounds.''. (b) Effective Date.--The amendment made by this section shall apply with respect to covered transfers for which agreements or transactions are entered into on or after January 7, 1997.", "summary": "Medicare Nonprofit Hospital Protection Act of 1997 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to disqualify for Medicare payment any non-profit hospital that transfers assets or control to a for-profit entity without appropriate approval by the Secretary of Health and Human Services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Guidance, Understanding, and Information for Dual Eligibles (GUIDE) Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds the following: (1) Nearly 8,800,000 Americans were eligible for benefits under the Medicare program and for medical assistance under Medicaid (dual eligible beneficiaries) in fiscal year 2005. Of these ``dual eligible beneficiaries'', almost 40 percent have cognitive impairments, including Alzheimer's disease, dementia, serious mental illnesses, and intellectual disabilities. Until December 31, 2005, dual eligible beneficiaries received outpatient prescription drug benefits through medical assistance under Medicaid. On January 1, 2006, drug coverage for dual eligibles switched from Medicaid to Medicare. (2) In 2008, 53 percent of dual eligible beneficiaries had medication access problems and of those, 27 percent experienced significant adverse clinical events. (3) Individuals with medication access issues experience significantly more adverse clinical events. Among dual eligible beneficiaries with mental illness who had medication access problems, 27 percent experienced significant adverse clinical events, which included emergency room visits and hospitalizations. (4) In total, over 1,000,000 dual eligible beneficiaries and low-income subsidy beneficiaries were automatically auto- enrolled to new benchmark prescription drug plans under part D of the Medicare program between 2006 and 2007. (5) Community providers are at the front line of helping the most vulnerable dual eligible beneficiaries obtain prescription drug coverage under the Medicare program and navigate complex enrollment and low-income subsidy eligibility requirements under such program. (b) Purpose.--It is the purpose of this bill to help low-income persons with cognitive impairments to enroll in and navigate the prescription drug benefit under the Medicare program by providing front line community providers who serve the population daily with financial assistance to conduct vigorous education and outreach and direct case management. SEC. 3. MEDICARE PRESCRIPTION DRUG OUTREACH DEMONSTRATION PROGRAM FOR DUAL ELIGIBLE BENEFICIARIES WITH MENTAL DISABILITIES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a 3-year demonstration program (in this section referred to as ``the demonstration program'') under which the Secretary awards grants and contracts to appropriate, qualified community programs and clinics for individuals with intellectual or developmental disabilities or such programs that are described in subsection (b)(1) of section 1913 of the Public Health Services Act, regardless of whether such program meets the criteria described in subsection (c) of such section, to employ qualified social workers and case managers to provide Medicare prescription drug assistance described in subsection (c) to target full-benefit dual eligible individuals. As a condition of receipt of a grant or contract under this subsection, a program or clinic shall collect and maintain data identified by the Centers for Medicare & Medicaid Services as critical for the final evaluation and report to Congress described in subsection (d). (b) Target Full-Benefit Dual Eligible Individual Defined.--For purposes of this section, the term ``target full-benefit dual eligible individual'' means a part D eligible individual, as defined in section 1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w- 101(a)(3)(A)), who is a full-benefit dual eligible individual (as defined in section 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-5(c)(6))) with one or more mental disabilities, including mental retardation, dementia, mental illnesses, Alzheimer's disease, autism, or any other related condition that produces serious cognitive impairments. (c) Types of Assistance.--For purposes of subsection (a), the Medicare prescription drug assistance described in this subsection is one-on-one counseling with respect to one or more of the following areas of assistance: (1) Assistance with initial enrollment in a prescription drug plan under part D of title XVIII of the Social Security Act or in an MA-PD plan under part C of such title. (2) Assistance with switching from one such prescription drug plan or MA-PD plan to another such prescription drug plan or MA-PD plan. (3) Assistance with filing for an exception to a formulary used by such a plan. (4) Assistance with filing a grievance, reconsideration, or appeal under section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104), including assistance with collecting relevant information to file such a grievance, reconsideration, or appeal. (5) Assistance with navigating utilization management programs administered by a PDP sponsor offering a prescription drug plan under part D of title XVIII of the Social Security Act or a Medicare Advantage organization offering an MA-PD plan under part C of such title. (6) Assistance with obtaining prescription drugs from pharmacies participating with such a plan. (7) Assistance with facilitating contact with the Medicare Beneficiary Ombudsman appointed under section 1808(c) of the Social Security Act (42 U.S.C. 1395b-9). (d) Evaluation and Report.-- (1) Evaluation.--The Secretary shall provide for an evaluation of the demonstration program. Such evaluation may include an analysis of-- (A) the utilization of the assistance provided under the program; (B) the satisfaction of target full-benefit dual eligible individuals with such assistance; and (C) the success of the program in-- (i) facilitating access by such individuals to covered part D drugs (as defined in section 1860D-2(e) of the Social Security Act (42 U.S.C. 1395w-102(e)); and (ii) medication compliance. (2) Report.--Not later than 6 months after the date of the completion of the demonstration program, the Secretary shall submit to Congress a report on such evaluation and shall include in such report recommendations regarding the feasibility of permanently funding an education and outreach program on the prescription drug benefit under the Medicare program for target full-benefit dual eligible individuals. (e) Authorization of Appropriations.--There is authorized to be appropriated for each of the fiscal years 2011 through 2013-- (1) to carry out this section (other than subsection (d)), $10,000,000; and (2) such sums as may be necessary to carry out subsection (d).", "summary": "Guidance, Understanding, and Information for Dual Eligibles (GUIDE) Act - Directs the Secretary of Health and Human Services to establish a three-year demonstration program under which the Secretary awards grants and contracts to appropriate, qualified community programs and clinics for individuals with intellectual or developmental disabilities, or certain programs under the Public Health Services Act, to employ qualified social workers and case managers to provide one-on-one counseling about benefits under part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to a full-benefit dual eligible individual (eligible for benefits under both Medicare and SSA title XIX [Medicaid]) who has one or more mental disabilities."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Voluntary Medicare Prescription Drug Plan Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Medicare payment for outpatient prescription drugs. ``Part D--Voluntary Medicare Prescription Drug Coverage ``Sec. 1860A. Medicare Prescription Drug Plan. ``Sec. 1860B. Rx Option. ``Sec. 1860C. Combined deductible. ``Sec. 1860D. Partnerships with private entities to offer the Rx Option.''. Sec. 3. Conforming changes to Medigap. SEC. 2. MEDICARE PAYMENT FOR OUTPATIENT PRESCRIPTION DRUGS. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by redesignating part D as part E and by inserting after part C the following new part: ``Part D--Voluntary Medicare Prescription Drug Coverage ``medicare prescription drug plan ``Sec. 1860A. (a) In General.--Each Medicare Prescription Drug Plan eligible individual may elect coverage (beginning on January 1, 2001) under this part by enrolling in the Rx Option in order to receive coverage for outpatient prescription drugs as described in section 1860B and to pay a combined deductible under section 1860C. ``(b) Medicare Prescription Drug Plan Eligible Individual Defined.--In this part, the term `Medicare Prescription Drug Plan eligible individual' means an individual who is-- ``(1) eligible for benefits under part A and enrolled under part B; ``(2) not enrolled in a Medicare+Choice plan under part C; and ``(3) not eligible for medical assistance for outpatient prescription drugs under title XIX. ``rx option ``Sec. 1860B. (a) Enrollment in the Rx Option.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall establish a process for the enrollment of Medicare Prescription Drug Plan eligible individuals under the Rx Option that is based upon the process for enrollment in Medicare+Choice plans under part C of this title. ``(2) Exceptions.-- ``(A) 2-year obligation.--Except as provided in subparagraph (B), a Medicare Prescription Drug Plan eligible individual who elects the Rx Option shall be subject to the provisions of this part for a minimum period of 2 years, beginning with the first full month during which the individual is eligible for benefits under the Rx Option. ``(B) Free look period.--An individual who elects the Rx Option may disenroll from such Option no later than the last day of the first full month following the month in which such election was made. ``(3) Enrollment in medicare supplemental policies.--An individual enrolled in the Rx Option may be enrolled only in a medicare supplemental policy subject to the special rules described in section 1882(v). ``(b) Outpatient Prescription Drug Benefits.-- ``(1) In general.--Beginning in 2001, under the Rx Option, after the enrollee has met the combined deductible under section 1860C, the Secretary shall provide a benefit for outpatient prescription drugs through private entities under section 1860D equal to 50 percent of the lesser of-- ``(A) the cost of outpatient prescription drugs for such year; or ``(B) $5000. ``(2) Cost-of-living adjustment.-- ``(A) In general.--In the case of any calendar year beginning after 2001, the dollar amount in paragraph (1)(B) shall be increased by an amount equal to-- ``(i) such dollar amount; multiplied by ``(ii) the cost-of-living adjustment. ``(B) Cost-of-living adjustment.--For purposes of subparagraph (A), the cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(i) the prescription drug component of the Consumer Price Index for all urban consumers (all items city average) for the 12- month period ending with August of the preceding year; exceeds ``(ii) such prescription drug component of the Consumer Price Index for the 12-month period ending with August 2000. ``(C) Rounding.--If any increase determined under subparagraph (B) is not a multiple of $1, such increase shall be rounded to the nearest multiple of $1. ``combined deductible ``Sec. 1860C. (a) In General.--Notwithstanding any provision of this title and beginning in 2001, a beneficiary electing the Rx Option shall be subject to a combined deductible that shall apply in lieu of the deductibles applied under sections 1813(a)(1) and 1833(b). ``(b) Amount.-- ``(1) In general.--For purposes of subsection (a), the combined deductible is equal to $675. ``(2) Cost-of-living adjustment.--In the case of any calendar year after 2001, the dollar amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount; multiplied by ``(B) the increase in the medical component of the CPI as determined by the Bureau of Labor Statistics. ``(3) Rounding.--If any increase determined under paragraph (2) is not a multiple of $1, such increase shall be rounded to the nearest multiple of $1. ``(c) Application.--In applying the combined deductible described in subsection (a) such deductible shall apply to each expense incurred on a calendar year basis for each item or service covered under this title, and each expense paid on a calendar year basis for such an item or service shall be credited against such deductible. ``partnerships with private entities to offer the rx option ``Sec. 1860D. (a) Partnerships.-- ``(1) In general.--The Secretary shall contract with private entities for the provision of outpatient prescription drug benefits under the Rx Option. ``(2) Private entities.--The private entities described in paragraph (1) shall include insurers (including issuers of medicare supplemental policies under section 1882), pharmaceutical benefit managers, chain pharmacies, groups of independent pharmacies, and other private entities that the Secretary determines are appropriate. ``(3) Areas.--The Secretary may award a contract to a private entity under this section on a local, regional, or national basis. ``(4) Drug benefits only through private entities.-- Outpatient prescription drug benefits under the Rx Option shall be offered only through a contract with a private entity under this section. ``(b) Secretary Required To Contract With Any Willing Qualified Private Entity.--The Secretary may not exclude a private entity from receiving a contract to provide outpatient prescription drug benefits under the Rx Option if the private entity meets all of the requirements established by the Secretary for providing such benefits.''. SEC. 3. CONFORMING CHANGES TO MEDIGAP. Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is amended by adding at the end the following new subsection: ``(v) Special Rules for Medicare Prescription Drug Plan Enrollees.-- ``(1) Revision of benefit packages.-- ``(A) In general.--Notwithstanding subsection (p), the benefit packages established under such subsection (including the 2 plans described in paragraph (11)(A) of such subsection) shall be revised (in the manner described in subsection (p)(1)(E)) so that each of the benefit packages classified as `A' through `J' remain exactly the same, except that each benefit package shall include special rules that apply only to individuals enrolled in the Rx Option under section 1860B as follows: ``(i) Combined deductible.--Each benefit package shall require the beneficiary of the policy to pay annual out-of-pocket expenses (other than premiums) in an amount equal to the amount of the combined deductible under section 1860C(b) before the policy begins payment of any benefits. ``(ii) Prescription drug coverage.--In the case of a benefit package classified as `H', `I', and `J', such policy may not provide coverage for outpatient prescription drugs that duplicates the coverage for outpatient prescription drugs provided under the Rx Option under section 1860B(b). ``(B) Adjusted premium.--In the case of an individual enrolled in the Rx Option, the premium for the policy in which the individual is enrolled may be appropriately adjusted to reflect the special rules applicable to such individual under subparagraph (A). ``(2) Renewability and continuity of coverage.--The revisions of benefit packages under paragraph (1) shall not affect-- ``(A) the renewal of medicare supplemental policies under this section that are in existence on the effective date of such revisions; or ``(B) the continuity of coverage under such policies.''.", "summary": "Sets the outpatient prescription drug benefit at 50 percent of the lesser of: (1) the cost of such drugs for a year; or (2) $5000. Establishes special rules with respect to Medicare supplemental health insurance (Medigap) for individuals enrolled in the Rx Option."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fish and Wildlife Policy Fellowship Program Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nearly one-third of the population of the United States participates in fish and wildlife-related recreation annually. In 2001, 82 million people participated in wildlife-related recreation, including sport angling, hunting, birding, photography, and other activities. (2) Vibrant, healthy, and well-managed natural living resources are essential to obtaining the economic benefits derived from them. Wildlife-related recreation contributes significantly to the United States economy. In 2001, the economic impact of fishing and hunting was $116,000,000,000 and $68,000,000,000, respectively. In addition, approximately 1,000,000 jobs were created as a result of such recreation. (3) There are over 50 university programs, dozens of State and Federal agencies, and over $1 billion dedicated to fisheries and wildlife research, management, and conservation. (4) Expertise in freshwater and anadromous fisheries and wildlife policy is paramount to the future effective management of the Nation's fish and wildlife resources. (5) The National Sea Grant John A. Knauss Fellowship has been successful in promoting stewardship of the Nation's natural marine and coastal resources. Since 1979, over 528 marine scientists have been awarded fellowships that have enabled them to bring their scientific expertise to the Federal agencies and the Congress while obtaining valuable policy experience. Many of the fellows continue to serve as marine policy professionals in the Federal Government, the private sector, and the university research community. (6) Currently no formal mechanism exists to secure individuals with specific expertise in freshwater and anadromous fisheries, wildlife, or conservation biology, or related natural resource management, while simultaneously providing valuable policy experience within the Federal Government and the Congress. Such a mechanism would support and enhance stewardship of the Nation's fish and wildlife. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. AUTHORIZATION OF FISH AND WILDLIFE POLICY FELLOWSHIPS. (a) In General.--The Secretary shall award fellowships to qualified graduate and post-graduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, conservation management, or biology. (b) Objectives.--In awarding fellowships under subsection (a), the Secretary shall seek to achieve, with respect to fish and wildlife conservation, the following educational and training objectives: (1) To provide qualified graduate and postgraduate level individuals opportunities for participation in the policy process within the executive and legislative branches of the Federal Government. (2) To provide Federal agencies and the Congress with specific expertise in fish and wildlife management and conservation biology to aid in the effective management of the Nation's natural living resources. (c) Guidelines for Award of Fellowships.--The fellowships shall be awarded pursuant to guidelines established by the Secretary. (d) Term of Fellowships.--A fellowship under subsection (a) shall be for a period of not more than 1 year. (e) Equal Access.-- (1) In general.--The Secretary shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under subsection (a). (2) Report.--Not later than 1 year after the date of the enactment of this section, and every 2 years thereafter, the Secretary shall submit a report to the Congress describing-- (A) the efforts by the Secretary to ensure equal access for minority and economically disadvantaged students to the fellowship carried out under subsection (a); and (B) the results of such efforts. (f) Administration.--The Director shall administer fellowships under subsection (a). (g) Authorization of Appropriations.-- (1) In general.--To carry out this section there is authorized to be appropriated to the Secretary $1,400,000 for each of fiscal years 2005 through 2009. (2) Limitation on administrative expenses.--Of amounts available to carry out this section each fiscal year, no more than 5 percent may be expended for administrative costs.", "summary": "National Fish and Wildlife Policy Fellowship Program Act of 2004 - Requires the Secretary of the Interior to award fellowships to qualified graduate and post-graduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, conservation management, or biology in order to: (1) provide such students with opportunities to participate in the policy process within executive and legislative branches of the Federal Government; and (2) provide Federal agencies and Congress with specific expertise to aid in the effective management of the nation's natural living resources. Requires the Secretary to strive to ensure equal access to the fellowship program for minority and disadvantaged students and to report to Congress on such efforts. States that the Director of the U.S. Fish and Wildlife Service shall administer fellowships awarded under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Infrastructure Modernization Act of 2013''. SEC. 2. EXPEDITED PROCESS FOR CONSIDERATION OF APPLICATIONS TO CONDUCT PUBLIC SAFETY PROJECTS. (a) Approval and Disapproval of Permits.-- (1) Deadline.--The Secretary of the Army shall approve or disapprove a covered permit application for a public safety project on or before the last day of the 2-year period beginning on the date of submission of the application. (2) Failure to meet deadline.--If the Secretary does not approve or disapprove a covered permit application for a public safety project on or before the last day specified in paragraph (1)-- (A) the application shall be considered under the expedited process established under subsection (b); unless (B) the Governor of the State in which the project is to be located issues a declaration of emergency with respect to the project under subsection (c), in which case the requirements of subsection (c) shall apply to the application. (b) Expedited Process.-- (1) In general.--The Secretary shall establish, by regulation, a process to expedite the consideration of a covered permit application for a public safety project. (2) Specifications for expedited process.--The expedited process shall provide for the following: (A) In complying with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project, the Secretary shall-- (i) prepare an environmental assessment or an environmental impact statement in accordance with paragraph (3); (ii) weigh the public safety aspects of the project as greater than the environmental costs; and (iii) complete consultation with other agencies, as necessary, not later than 6 months after the last day specified in subsection (a)(1). (B) In issuing a permit under the expedited process, the Secretary may not require mitigation costs in an amount that exceeds 20 percent of the total cost of the project. (C) In issuing a permit under the expedited process, the Secretary may implement species relocation for the project, as described in subsection (d). (3) Environmental assessment or impact statement.--In preparing an environmental assessment or an environmental impact statement under paragraph (2)(A)-- (A) the Secretary shall study, develop, and describe the proposed action and the alternative of no action; but (B) the Secretary is not required to study, develop, or describe any alternative actions to the proposed agency action unless the municipality in which is the project is to be located submits an alternative action. (4) Judicial review.--A person may obtain judicial review of any determination made for a public safety project under the expedited process only in the United States district court for the judicial district in which the project is to be located. (c) Emergency Declaration.-- (1) In general.--If the Secretary has not approved or disapproved a covered permit application for a public safety project on or before the last day specified in subsection (a)(1), the Governor of the State in which the project is to be located may issue a declaration of emergency with respect to the project. (2) Alternative arrangements.--If the Governor of a State issues a declaration of emergency with respect to a public safety project under paragraph (1), the State or municipality that submitted a covered permit application for the project may request that-- (A) the application be considered under the expedited process established under subsection (b); or (B) the President, acting through the Council on Environmental Quality, establish alternative arrangements for conducting the project. (3) Deadline.--Pursuant to a request received under paragraph (2)(B), the Council on Environmental Quality, on or before the last day of the 90-day period beginning on the date of the request shall-- (A) create an alternative to the proposed public safety project; or (B) approve the project. (4) Failure to meet deadline.--If, after receiving a request under paragraph (2)(B), the Council on Environmental Quality does not establish alternate procedures for conducting a public safety project or disapprove the project on or before the last day specified in paragraph (3)-- (A) the covered permit application submitted for the project shall be deemed approved; and (B) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to the project shall be deemed satisfied. (5) Judicial review.--The deemed approval of a covered permit application pursuant to paragraph (4)(A) shall not be subject to judicial review. (6) Relationship to other laws.--Any alternative arrangements established for a public safety project under paragraph (2)-- (A) shall be deemed to satisfy the requirements of section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and (B) shall not be subject to judicial review. (d) Species Relocations.--In the case of a covered permit application for a public safety project that authorizes species relocation pursuant to subsection (b)(2)(C), the Secretary, acting through the United States Fish and Wildlife Service, any Federal land management agency, the National Marine Fisheries Service, or a State conservation agency, shall relocate from the project any the members of a threatened or endangered species of plant or animal that the relevant Federal agencies determine would be taken in the course of the project. (e) Applicability.--This section shall apply to a covered permit application for a public safety project submitted after the date of enactment of this Act. (f) Report to Congress.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this section. (g) Definitions.--In this section, the following definitions apply: (1) Covered permit application.--The term ``covered permit application'' means an application for a permit to discharge dredge or fill material submitted by a State or municipality under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344). (2) Municipality.--The term ``municipality'' has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (3) Person.--The term ``person'' has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (4) Public safety project.--The term ``public safety project'' means a project that has one of the following as its primary purpose: (A) The construction of a levee, self-closing flood barrier, seawall, or flood gate. (B) Slough and stream construction and dredging for flood control. (C) The construction of a retention pond for a residential area. (D) The construction of a road or bridge to be used for evacuation purposes in the case of a hurricane, wildfire, or other extreme weather event. (E) The construction of a storm water conveyance facility.", "summary": "Public Infrastructure Modernization Act of 2013 - Requires the Secretary of the Army to approve or disapprove a covered permit application for a public safety project within two years after the application is submitted. Requires an application upon which the Secretary fails to act within such time to be considered under an expedited process, unless the governor of the state in which the project is to be located issues a declaration of emergency with respect to the project. Defines "covered permit application" as an application for a permit to discharge dredge or fill material submitted by a state or municipality under the Federal Water Pollution Control Act (commonly known as the Clean Water Act).Directs the Secretary to establish such an expedited process, under which the Secretary shall: (1) prepare an environmental assessment or an environmental impact statement, (2) weigh the public safety aspects of the project as greater than the environmental costs, and (3) complete consultation with other agencies within six months. Provides that the Secretary, in issuing a permit under the expedited process: (1) may not require mitigation costs in an amount that exceeds 20% of the project's total cost, and (2) may relocate from the project any of the members of a threatened or endangered species of plant or animal that the relevant federal agencies determine would be taken in the course of the project. Authorizes the state or municipality that submitted a covered permit application for a project, if a governor issues a declaration of emergency with respect to the project, to request that: (1) the application be considered under the expedited process; or (2) the Council on Environmental Quality approve the project or create an alternative, which must be done within 90 days or the application shall be deemed approved and the environmental requirements shall be deemed satisfied."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Protection Against Combustible Dust Explosions and Fires Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) An emergency exists concerning worker exposure to combustible dust explosions and fires, and there is a significant risk of death or severe injury to workers employed at facilities where combustible dusts are present. (2) Following 3 catastrophic dust explosions that killed 14 workers in 2003, the Chemical Safety and Hazard Investigation Board (CSB) issued a report in November 2006, which identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and injured 718. The CSB concluded that ``combustible dust explosions are a serious hazard in American industry''. A quarter of the explosions occurred at food industry facilities, including sugar plants. (3) In November 2006, the CSB recommended that the Occupational Safety and Health Administration (OSHA) issue a standard designed to prevent combustible dust fires and explosions in general industry, based on current National Fire Protection Association (NFPA) dust explosion standards. (4) Fourteen workers were killed and more than 38 seriously injured in a catastrophic combustible dust explosion at Imperial Sugar in Port Wentworth, Georgia on February 7, 2008. (5) An investigation by the CSB found that the explosion at Imperial Sugar was fueled by a massive accumulation of sugar dust throughout the packaging building, triggering a series of secondary explosions throughout the factory. (6) The CSB's final report of September 24, 2009, regarding the Imperial Sugar Refinery explosion reiterated its previous recommendation from November 2006 that OSHA proceed expeditiously ``to promulgate a comprehensive standard to reduce or eliminate hazards from fire and explosion from combustible powders and dust''. (7) Explosions continue to injure workers and cause property damage. In the 3 years since the February 7, 2008, explosion at Imperial Sugar, there have been 24 additional combustible dust explosions or fires resulting in 4 deaths and 65 injuries to workers through February 7, 2011, according to data released by the Chemical Safety Board. (8) On October 21, 2009, OSHA issued an advance notice of proposed rulemaking in response to the CSB's recommendation; however, a final rule will take at least 4 more years, during which it is foreseeable that additional workers will be seriously injured or killed. (9) OSHA issued a grain handling facilities standard (29 C.F.R. 1910.272) in 1987 that has proven highly effective in reducing the risk of combustible grain dust explosions, according to an OSHA evaluation. (10) No OSHA standard comprehensively addresses combustible dust explosion hazards in general industry. (11) Voluntary NFPA standards exist that, when implemented, effectively reduce the likelihood and impact of combustible dust explosions. In particular-- (A) certain requirements currently apply to existing establishments, which NFPA refers to as a ``retroactive'' application, and include hazard assessment, housekeeping, control of static electricity, control of open flames and sparks, use of certain tools, employee training, and requirements for inspection and maintenance of equipment; (B) other requirements include conventional ignition source control and dust emission control technologies, such as ventilation systems that capture fugitive dust, and enclosure of dust generating processes; (C) many employers currently implement such requirements from NFPA standards to address combustible dust hazards in the workplace; and (D) many employers maintain written combustible dust safety programs and involve employees in implementing the program, which are important aspects of a comprehensive combustible dust hazard control system. (12) Implementation of such means of hazard control is both technologically and economically feasible and would substantially reduce risks related to combustible dust fires and explosions to workers. SEC. 3. ISSUANCE OF INTERIM STANDARD ON COMBUSTIBLE DUST. (a) Application and Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall promulgate an interim final standard regulating occupational exposure to combustible dust hazards. The interim final standard shall, at a minimum, apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts, including organic dusts (such as sugar, candy, paper, soap, and dried blood), plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals (such as aluminum, chromium, iron, magnesium, and zinc), fossil fuels, and others determined by the Secretary, but shall not apply to processes already covered by the occupational safety and health standard on grain facilities contained in section 1910.272 of title 29, Code of Federal Regulations. (b) Application.--The interim final standard required under this section shall be based on those portions of the National Fire Protection Association Standards in effect on the date of enactment of this Act that-- (1) apply to existing facilities; or (2) call for source and dust emission control technologies, such as ventilation systems that capture fugitive dust, and enclosure of dust generating processes. (c) Requirements.--The interim final standard required under this section shall include the following elements: (1) Requirements for hazard assessment to identify, evaluate, and control combustible dust hazards. (2) Requirements for a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping, including the frequency and method or methods used to minimize accumulations of combustible dust on ledges, floors, equipment, and other exposed surfaces. (3) Requirements for engineering controls, administrative controls, and operating procedures, including means to control fugitive dust emissions and ignition sources, and the safe use and maintenance of process equipment and dust collection systems and filters. (4) Requirements for workplace inspection and housekeeping to prevent accumulation of combustible dust in places of employment in such depths that it can present explosion, deflagration, or other fire hazards, including safe methods of dust removal. (5) Requirements for participation of employees and their representatives in hazard assessment, development of and compliance with the written program, incident investigation, and other elements of hazard management. (6) Requirements to provide written safety and health information and annual training to managers and employees and their representatives, including housekeeping procedures, hot work procedures, preventive, predictive, and periodic maintenance procedures, common ignition sources, and lock-out, tag-out procedures. (d) Applicability of Other Statutory Requirements.--The requirements applicable to occupational safety and health standards under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), the requirements of chapters 5 and 6 of title 5, United States Code, and titles 2 and 42, United States Code, shall not apply to the issuance of the interim final standard required under this section. (e) Effective Date of Interim Standard.--The interim final standard shall take effect 30 days after issuance, except that such standard may include a reasonable phase-in period for implementation of required engineering controls. The interim final standard shall have the legal effect of an occupational safety and health standard, and shall apply until a final standard becomes effective under section 6 of the Occupational Safety and Health Act (29 U.S.C. 655). SEC. 4. FINAL STANDARD ON COMBUSTIBLE DUST. Not later than 18 months after the date on which the interim final standard is issued under section 3, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C. 655), issue a proposed rule for regulating combustible dust explosions that includes the major elements contained in the interim final standard issued under section 3, and shall issue a final rule 3 years after the issuance of a proposed rule.", "summary": "Worker Protection Against Combustible Dust Explosions and Fires Act of 2011 - Requires the Secretary of Labor to promulgate an interim final standard regulating occupational exposure to combustible dust hazards, which shall apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts (including organic dusts, plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals, and fossil fuels), but shall not apply to processes already covered by the occupational safety and health standard on grain facilities. Requires such standard to be based on portions of the National Fire Protection Association Standards in effect upon enactment of this Act that: (1) apply to existing facilities; or (2) call for source and dust emission control technologies. Requires such standard also to provide requirements for: (1) a hazard assessment to identify, evaluate, and control combustible dust hazards; (2) a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping; (3) engineering controls, administrative controls, and operating procedures; (4) workplace inspection and housekeeping to prevent accumulation of combustible dust in places of employment in depths that can present explosion, deflagration, or other fire hazards, including safe methods of dust removal; (5) participation of employees and their representatives in hazard assessment, development of and compliance with the written program, incident investigation, and other elements of hazard management; and (6) providing safety and health information and annual training to managers and employees and their representatives. Requires the interim final standard to take effect 30 days after its issuance, and remain in effect until a final standard becomes effective, except that it may include a reasonable phase-in period for implementation of required engineering controls. Requires the Secretary to issue: (1) a proposed rule for regulating combustible dust explosions that includes the major elements contained in the interim final standard, and (2) a final rule three years after issuance of a proposed rule."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Coverage Assistance for the Unemployed Act of 2001''. SEC. 2. PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE. (a) Establishment.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of Labor shall establish a program under which premium assistance for COBRA continuation coverage shall be provided for qualified individuals under this section. (2) Qualified individuals.--For purposes of this section, a qualified individual is an individual who-- (A) establishes that the individual-- (i) on or after January 1, 2001, and before January 1, 2003, became entitled to elect COBRA continuation coverage (other than solely on the basis described in paragraph (3), (4), (5), or (6) of section 603 of the Employee Retirement Income Security Act of 1974); and (ii) has elected such coverage; and (B) enrolls in the premium assistance program under this section by not later than December 31, 2002. (b) Limitation of Period of Premium Assistance.--Premium assistance provided under this subsection shall end with respect to an individual on the earlier of-- (1) the date the individual is no longer covered under COBRA continuation coverage; or (2) 18 months after the date the individual is first enrolled in the premium assistance program established under this section. (c) Payment, and Crediting of Assistance.-- (1) Amount of assistance.--Premium assistance provided under this section shall be equal to 75 percent of the amount of the premium required for the COBRA continuation coverage. (2) Provision of assistance.--Premium assistance provided under this section shall be provided through the establishment of direct payment arrangements with the administrator of the group health plan (or other entity) that provides or administers the COBRA continuation coverage. It shall be a fiduciary duty of such administrator (or other entity) to enter into such arrangements under this section. (3) Premiums payable by qualified individual reduced by amount of assistance.--Premium assistance provided under this section shall be credited by such administrator (or other entity) against the premium otherwise owed by the individual involved for such coverage. (d) Change in COBRA Notice.-- (1) General notice.-- (A) In general.--In the case of notices provided under sections 606 of the Employee Retirement Income Security Act of 1974, section 2206 of the Public Health Service Act, and section 4980B(f)(6) of the Internal Revenue Code of 1986 with respect to individuals who, on or after January 1, 2001, and before January 1, 2003, become entitled to elect COBRA continuation coverage, such notices shall include an additional notification to the recipient of the availability of premium assistance for such coverage under this section. (B) Alternative notice.--In the case of COBRA continuation coverage to which the notice provisions described in subparagraph (A) do not apply, the Secretary of Labor shall, in coordination with administrators of the group health plans (or other entities) that provide or administer the COBRA continuation coverage involved, assure provision of such notice. (C) Form.--The requirement of the additional notification under this paragraph may be met by amendment of existing notice forms or by inclusion of a separate document with the notice otherwise required. (2) Specific requirements.--Each additional notification under paragraph (1) shall include-- (A) the forms necessary for establishing eligibility under subsection (a)(2)(A) and enrollment under subsection (a)(2)(B) in connection with the coverage with respect to each covered employee or other qualified beneficiary; (B) the name, address, and telephone number necessary to contact the plan administrator and any other person maintaining relevant information in connection with the premium assistance; and (C) the following statement displayed in a prominent manner: ``You may be eligible to receive assistance with payment of 75 percent of your COBRA continuation coverage premiums for a duration of not to exceed 18 months.''. (3) Notice relating to retroactive coverage.--In the case of such notices previously transmitted before the date of the enactment of this Act in the case of an individual described in paragraph (1) who has elected (or is still eligible to elect) COBRA continuation coverage as of the date of the enactment of this Act, the administrator of the group health plan (or other entity) involved or the Secretary of Labor (in the case described in the paragraph (1)(B)) shall provide (within 60 days after the date of the enactment of this Act) for the additional notification required to be provided under paragraph (1). (4) Model notices.--The Secretary of Labor shall prescribe models for the additional notification required under this subsection. (e) Obligation of Funds.--This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of premium assistance under this section. (f) Prompt Issuance of Guidance.--The Secretary of Labor shall issue guidance under this section not later than 30 days after the date of the enactment of this Act. (g) Definitions.--In this Act: (1) Administrator.--The term ``administrator'' has the meaning given such term in section 3(16) of the Employee Retirement Income Security Act of 1974. (2) COBRA continuation coverage.--The term ``COBRA continuation coverage'' means continuation coverage provided pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), section 8905a of title 5, United States Code, or under a State program that provides continuation coverage comparable to such continuation coverage. (3) Group health plan.--The term ``group health plan'' has the meaning given such term in section 9832(a) of the Internal Revenue Code of 1986. (4) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 3. OPTIONAL TEMPORARY MEDICAID COVERAGE FOR UNINSURED ELIGIBLE EMPLOYEES. (a) In General.--Notwithstanding any other provision of law, a State may elect to provide, under its medicaid program under title XIX of the Social Security Act, medical assistance in the case of an individual who is eligible for unemployment benefits, who is not eligible for COBRA continuation coverage, and who is uninsured. For purposes of this section, an individual is considered to be uninsured if the individual is not covered under a group health plan, health insurance coverage, or under such program or a program under title XVIII or XXI of such Act. (b) Limitation to 18 Months of Coverage.--Assistance under this section shall end with respect to an individual on the earlier of-- (1) the date the individual is no longer uninsured; or (2) 18 months after the date the individual is first determined to be eligible for medical assistance under this section. (c) Special Rules.--In the case of medical assistance provided under this section-- (1) the Federal medical assistance percentage under section 1905(b) of the Social Security Act shall be 100 percent; (2) a State may elect to disregard any income, asset, or resource limitation imposed under the State medicaid plan or under title XIX of such Act, except, notwithstanding any other provision of law, a State shall condition eligibility for assistance under this section upon the payment of a monthly premium approximating 25 percent of the average cost of providing the assistance under this section; (3) such medical assistance shall not be provided for periods before the date the individual is determined eligible for such assistance; (4) a State may elect to make eligible for such assistance a dependent spouse or children of an individual eligible for medical assistance under subsection (a), if such spouse or children are uninsured; and (5) individuals eligible for medical assistance under this section shall be deemed to be described in the list of individuals described in the matter preceding paragraph (1) of section 1905(a) of such Act.", "summary": "Health Care Coverage Assistance for the Unemployed Act of 2001 - Directs the Secretary of Labor to establish an emergency health coverage assistance program to provide premium assistance for qualified individuals for Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage under the Employee Retirement Income Security Act of 1974 (ERISA).Allows a State to elect to provide temporary Medicaid coverage for individuals who are: (1) eligible for unemployment benefits; (2) not eligible for COBRA continuation coverage; and (3) not covered under a group health plan, health insurance, Medicare, or Medicaid."}
{"article": "That the Act of December 18, 1967 (16 U.S.C. 19e-19n), entitled ``An Act to establish the National Park Foundation'', is amended-- (1) in section 1-- (A) by striking ``therein'' and inserting in lieu thereof ``therein, and to develop and implement means of securing funds from the private sector, to enhance funding for the National Park System without supplanting appropriated funds otherwise available for the National Park System,''; and (B) by striking ``to accept and administer such gifts''; (2) in section 3-- (A) by inserting ``(a)'' after ``Sec. 3.''; and (B) by inserting at the end: ``(b)(1) In furtherance of the purposes of this Act, the Foundation shall have exclusive authority to license or authorize persons to use such trademarks, tradenames, signs, symbols, emblems, insignia, logos, likenesses or slogans that are or may be in the future adopted and owned by the Foundation, and for which the Foundation has filed an application or applications with the U.S. Patent and Trademark Office, for the purposes of representing, promoting or advertising for commercial purposes or pecuniary gain that an individual, company, or particular good or service is an official sponsor or official supporter of the National Park System or National Park Service. ``(2) The authority provided in paragraph (1) shall be subject to the following conditions: ``(A) The criteria and guidelines for the competitive issuance and the maintenance of a license or authorization, and the issuance of each license or authorization, shall be subject to the prior written approval of the Secretary as being appropriate to the image of the National Park System and consistent with the management policies and practices of the National Park Service, and such approval authority may not be delegated. ``(B) Neither the Secretary of the Interior, the Foundation, nor any other person may authorize an individual, company, or particular good or service to represent, promote, or advertise, and no person may represent or imply, for commercial purposes or for pecuniary gain that it is an official sponsor or official supporter of any individual unit of the National Park System. ``(C) The advertisements and promotional activities undertaken by a licensee or authorized person shall be appropriate to the image of the National Park System and consistent with the management policies and practices of the National Park Service. ``(D) Neither the Secretary of the Interior, the Foundation, nor any other person may authorize an individual, company, or particular good or service to represent that it is endorsed by the National Park Service. ``(E) Nothing in this Act shall in any way restrict or preclude the Statue of Liberty--Ellis Island Foundation, Inc. (the `Statue of Liberty Foundation'), so long as its activities are authorized by a Memorandum of Agreement with the Secretary of the Interior, from raising donations for the restoration of the Statue of Liberty and Ellis Island by, among other things, offering to any third parties exclusive rights to any trademark, tradename, sign, symbol, insignia, emblem, logo, likeness, or slogan owned by the Statue of Liberty Foundation. ``(F) Activities of the Foundation undertaken pursuant to this Act, including the licensing or authorizing of official sponsors and official supporters of the National Park System or National Park Service by the Foundation, shall not preclude charitable organizations or cooperating associations from conducting fundraising activities or selling merchandise to generate support for a unit or units of the National Park System or the National Park Service, so long as such activities do not convey a right to be considered as an official sponsor or official supporter of such unit or units as prohibited by subparagraph (B) or of the National Park System or National Park Service. ``(c) No license or authorization referred to in subsection (b) shall grant any person any right or authority to market, advertise, display, sell, or promote, any goods, products or services in any unit of the National Park System or in any related facility operated outside the boundaries of any unit, or to advertise or promote that it is an official sponsor or official supporter within the meaning of subsection (b) in any such unit or related facility: Provided, That the Secretary of the Interior may authorize limited recognition of official sponsors or official supporters within the meaning of subsection (b) in units of the National Park System or any related facility operated outside the boundaries of any unit but only under such appropriate policies and procedures which ensure that status as an official sponsor or official supporter within the meaning of subsection (b) shall not be commercially exploited in any manner within any such unit or related facility.''; (3) in section 4-- (A) by inserting ``and section 8(b)'' between ``transfer'' and the comma; (B) by inserting ``license,'' between ``lease,'' and ``invest''; and (C) by striking ``any business, nor shall the Foundation'' and inserting in lieu thereof ``business for pecuniary profit or gain, except for the purposes set forth in this Act; operate any commercial establishment or enterprise within any unit of the National Park System; engage in any lobbying activities as defined in section 3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7)) concerning the management of the National Park System; or''; (4) in section 8-- (A) by inserting ``(a)'' after ``Sec. 8.''; and (B) by inserting at the end: ``(b) All of the income in the Foundation, net of reasonable operating expenses, any contributions to local government pursuant to subsection (a), and reserves determined necessary or appropriate by the Board, shall be provided to or for the benefit of the National Park Service: Provided, That all such net income derived from the licenses and authorizations referred to in section 3(b) shall be expended in accordance with policies and priorities of the National Park Service on programs, projects, or activities that benefit the National Park System or National Park Service as identified by the Secretary in consultation with the Foundation.''; (5) in section 10-- (A) by inserting ``(a)'' after ``Sec. 10.''; and (B) by inserting at the end: ``(b) Within 30 days of the execution of each license or authorization referred to in section 3(b), the Foundation shall transmit a copy thereof to the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. ``(c) No later than 5 years after the date of enactment of this subsection, the Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a report assessing the cost, effectiveness, and effects of the licensing and authorization program established pursuant to section 3(b). The report shall include, but not be limited to, assessments of the effect of such program on-- ``(1) visitation levels in the National Park System; ``(2) the image of the National Park System; ``(3) achievement of the needs and priorities of the National Park Service; ``(4) appropriations for the National Park System; and ``(5) the costs of the Foundation and the Secretary of the Interior to administer the program.''; and (6) at the end, by inserting: ``Sec. 11. Whoever, without the authorization of the Foundation, uses for purposes of trade, to induce the sale of any good or service, to promote any commercial activity, or for other commercial purpose the name of the Foundation or any trademark, tradename, sign, symbol, emblem, insignia, logo, likeness, or slogan referred to in section 3(b)(1), or any facsimile or simulation thereof tending to cause confusion, to cause mistake, to deceive, or to suggest falsely that an individual, company, or particular good or service is an official sponsor or official supporter of the National Park System or National Park Service, shall be subject to suit in a civil action by the Foundation for the remedies provided in the Act of July 5, 1946, 60 Stat. 427 (15 U.S.C. 501 et seq.). ``Sec. 12. Section 1 of Public Law 88-504 (36 U.S.C. 1101), as amended, is further amended by adding at the end `(78) The National Park Foundation'.''.", "summary": "Revises the purpose of the National Park Foundation to: (1) include developing and implementing means of securing funds from the private sector to enhance funding for the National Park System (NPS) without supplanting otherwise available appropriated funds; and (2) exclude accepting and administering private gifts on behalf of the National Park Service. Grants the Foundation exclusive authority to license or authorize persons to use such trademarks, symbols, likenesses, or slogans that are adopted and owned by the Foundation and for which it has filed an application with the U.S. Patent and Trademark Office for the purpose of representing, promoting, or advertising for commercial purposes or pecuniary gain that an individual, company, or particular good service is an official sponsor or official supporter of the NPS or the Service. Specifies conditions under which such license or authorization may be granted, such as subjecting the criteria and guidelines for the competitive issuance and the maintenance of a license or authorization to the prior written approval of the Secretary of the Interior. Authorizes the Foundation to license property. Prohibits the Foundation, except as provided in this Act, from: (1) engaging in any business for pecuniary profit or gain; (2) operating any commercial establishment or enterprise within NPS units; or (3) engaging in any lobbying activities concerning NPS management. Requires: (1) all of the Foundation's income, net of reasonable operating expenses, contributions to local government, and reserves determined necessary or appropriate by its Board to be provided for the Service's benefit; and (2) all net income derived from the licenses and authorizations under this Act to be expended in accordance with Service's policies and priorities on programs, projects, or activities that benefit the NPS or the Service as identified by the Secretary of the Interior in consultation with the Foundation. Sets forth congressional reporting requirements. Subjects persons to a civil suit and remedies for unlawful use of the Foundation's name, trademark, symbol, slogan, or any facsimile or simulation thereof to suggest falsely that an individual, company, or particular good or service is an official sponsor or official supporter of the NPS or the Service for commercial purposes. Includes the Foundation as a private corporation established under Federal law for purposes of provisions concerning audits of federally chartered corporations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Two-Midnight Rule Coordination and Improvement Act of 2014''. SEC. 2. DEVELOPMENT OF CRITERIA FOR MEDICALLY NECESSARY SHORT INPATIENT HOSPITAL STAYS. (a) In General.-- (1) Development of criteria.--The Secretary shall develop appropriate criteria with regard to the two-midnight rule (as defined in subsection (e)) for payment under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for a short inpatient hospital stay (as defined in such subsection). (2) Requirements.--The criteria developed under paragraph (1) shall-- (A) account for medical necessity and the appropriateness of an inpatient stay that is less than the two-midnight benchmark; and (B) subject to paragraph (3), be developed in consultation with interested stakeholders. (3) Implementation.--The consultation described in paragraph (2)(B) shall be conducted as part of the annual notice and comment rulemaking process implementing the Medicare hospital inpatient prospective payment system for fiscal year 2015. (b) Development of Short Inpatient Hospital Stay Payment Methodology.-- (1) In general.--The Secretary shall develop a payment methodology under the Medicare program under title XVIII of the Social Security Act for hospitals for short inpatient hospital stays. Such methodology-- (A) shall be implemented in a budget neutral manner; (B) may be a reduced payment amount for such inpatient hospital services than would otherwise apply if paid for under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) or be an alternative payment methodology; and (C) shall take into consideration the criteria developed under subsection (a). (2) Timeframe.--The Secretary shall promulgate such methodology as part of the annual regulations implementing the Medicare hospital inpatient prospective payment system for fiscal year 2015. (c) Crosswalk of ICD-10 Codes and CPT Codes; Crosswalk of DRG and CPT Codes.-- (1) ICD-10-to-CPT crosswalk.-- (A) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall develop general equivalency maps (referred to in this subsection as ``crosswalks'') to link the relevant ICD- 10 codes to relevant CPT codes, and the relevant CPT codes to relevant ICD-10 codes, in order to permit comparisons of inpatient hospital services, for which payment is made under section 1886 of the Social Security Act (42 U.S.C. 1395ww), and hospital outpatient department services, for which payment is made under section 1833(t) of such Act (42 U.S.C. 1395l(t)). In this subsection the terms ``ICD-10 codes'' and ``CPT codes'' include procedure as well as diagnostic codes. (B) Process.-- (i) In general.--In carrying out subparagraph (A), the Secretary shall develop a proposed ICD-10-to-CPT crosswalk which shall be made available for public comment for a period of not less than 60 days. (ii) Notice.--The Secretary shall provide notice of the comment period through the following: (I) Publication of notice of proposed rulemaking in the Federal Register. (II) A solicitation posted on the Internet Web site of the Centers for Medicare & Medicaid Services. (III) An announcement on the Internet Web site of the Centers for Medicare & Medicaid Services of the availability of the proposed crosswalk and the deadline for comments. (IV) A broadcast through an appropriate Listserv operated by the Centers for Medicare & Medicaid Services. (iii) Use of the icd-9-cm coordination and maintenance committee.--The Secretary also shall instruct the ICD-9-CM Coordination and Maintenance Committee to convene a meeting to receive input from the public regarding the proposed ICD-10-to-CPT crosswalk. (iv) Publication of final crosswalks.-- Taking into consideration comments received on the proposed crosswalk, the Secretary shall publish a final ICD-10-to-CPT crosswalk under subparagraph (A) and shall post such crosswalk on the Internet Web site of the Centers for Medicare & Medicaid Services. (v) Updating.--The Secretary shall update such crosswalk on an annual basis. (2) DRG-to-APC crosswalk.-- (A) In general.--The Secretary shall, using the ICD-10-to-CPT crosswalk developed under paragraph (1), develop a second crosswalk between diagnosis-related group (DRG) codes for inpatient hospital services and Ambulatory Payment Class (APC) codes for outpatient hospital services. (B) Data to be used.--In developing such crosswalk, the Secretary shall use claims data for inpatient hospital services for discharges occurring in fiscal years beginning with fiscal year 2015 and for outpatient hospital services furnished in years beginning with 2015. (C) Publication.--Not later than June 30, 2017, the Secretary shall publish the DRG-to-APC crosswalk developed under this paragraph. (d) Delay of Enforcement of the Two-Midnight Rule.-- (1) In general.--The Secretary shall not enforce the provisions of the two-midnight rule with respect to admissions to a hospital for which payment is made under the Medicare program under title XVIII of the Social Security Act-- (A) for admissions occurring before October 1, 2014; and (B) in the case of admissions occurring on or after October 1, 2014, prior to the applicable date (as defined in paragraph (3)). (2) Application to medicare review contractors.--Paragraph (1) shall also apply to Medicare review contractors (as defined in subsection (e)). No Medicare review contractor may, based on the provisions of the two-midnight rule, deny a claim for payment for inpatient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, for which payment may be made under title XVIII of the Social Security Act for discharges occurring before the applicable date (as defined in paragraph (3))-- (A) for medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (B) for requirements for orders, certifications, or recertifications, and associated documentation relating to the matters described in subparagraph (A). (3) Applicable date defined.--In this subsection, the term ``applicable date'' means the earlier of-- (A) the date on which the criteria described in subsection (a) are implemented pursuant to subsection (a)(3); or (B) October 1, 2015. (4) Continuation of medicare probe and educate program for inpatient hospital admissions.-- (A) In general.--Subject to subparagraph (B), nothing in this subsection shall be construed to preclude the Secretary from continuing the conduct by Medicare administrative contractors of the Medicare Probe and Educate program (as defined in subparagraph (C)) for hospital admissions during the delay of enforcement under paragraph (1). (B) Maintenance of sample prepayment record limits.--The Secretary may not increase the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary under such program as of November 4, 2013, such as 10 claims for most hospitals and 25 claims for large hospitals. (C) Medicare probe and educate program defined.--In this paragraph, the term ``Medicare Probe and Educate program'' means the program established by the Secretary as in effect on November 4, 2013 (and described in a public document made available by the Centers for Medicare & Medicaid Services on its Web site entitled ``Frequently Asked Questions 2 Midnight Inpatient Admission Guidance & Patient Status Reviews for Admissions on or after October 1, 2013''), under which Medicare administrative contractors-- (i) conduct prepayment patient status reviews for inpatient hospital claims with dates of admission on or after October 1, 2013, and before March 31, 2014; and (ii) based on the results of such prepayment patient status reviews, conduct educational outreach efforts during the following 3 months. (e) Definitions.--In this section: (1) Hospital.--The term ``hospital'' means the following (insofar as such terms are used under title XVIII of the Social Security Act): (A) An acute care hospital. (B) A critical access hospital. (C) A long-term care hospital. (D) An inpatient psychiatric facility. (2) Interested stakeholders.--The term ``interested stakeholders'' means the following: (A) Hospitals. (B) Physicians (C) Medicare administrative contractors under section 1874A of the Social Security Act (42 U.S.C. 1395kk-1). (D) Recovery audit contractors under section 1893(h) of such Act (42 U.S.C. 1395ddd(h)). (E) Other parties determined appropriate by the Secretary. (3) IPPS fy 2014 final rule.--The term ``IPPS FY 2014 Final Rule'' means the final rule (CMS-1599-F, CMS-1455-F) published by the Centers for Medicare & Medicaid Services in the Federal Register on August 19, 2013, entitled ``Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements for Specific Providers; Hospital Conditions of Participation; Payment Policies Related to Patient Status'' (78 Fed. Reg. 50496 et seq.). (4) Medicare review contractor.--The term ``Medicare review contractor'' means any contractor or entity that has entered into a contract or subcontract with the Centers for Medicare & Medicaid Services with respect to the Medicare program to review claims for items and services furnished for which payment is made under title XVIII of the Social Security Act, including-- (A) Medicare administrative contractors under section 1874A of the Social Security Act (42 U.S.C. 1395kk-1); and (B) recovery audit contractors under section 1893(h) of such Act (42 U.S.C. 1395ddd(h)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Short inpatient hospital stay.--The term ``short inpatient hospital stay'' means, with respect to an inpatient admission of an individual entitled to benefits under part A of title XVIII of the Social Security Act to a hospital, a length of stay that is less than the length of stay required to satisfy the 2-midnight benchmark described in section 412.3 of title 42, Code of Federal Regulations, as amended under the amendment 2 referred to in paragraph (7)(A). (7) Two-midnight rule.--The term ``two-midnight rule'' means the following numbered amendments to 42 CFR Chapter IV contained in the IPPS FY 2014 Final Rule (and includes any sub- regulatory guidance issued in the implementation of such amendments and any portion of the preamble of section XI.C. of such rule relating to such amendments): (A) Amendment 2 (on page 50965), which adds a section 412.3 of title 42, Code of Federal Regulations (relating to admissions). (B) Amendment 3 (on page 50965), which revises section 412.46 of such title (relating to medical review requirements). (C) Amendment 23 (on page 50969), which amends paragraphs (d) and (e)(2) of section 424.11 of such title (relating to conditions of payment: General procedures). (D) Amendment 24 (on pages 50969 and 50970), which revises section 424.13 of such title (relating to requirements for inpatient services of hospitals other than inpatient psychiatric facilities). (E) Amendment 25 (on page 50970), which revises paragraphs (a), (b), (d)(1), and (e) of section 424.14 of such title (relating to requirements for inpatient services of inpatient psychiatric facilities). (F) Amendment 26 (on page 50970), which revises section 424.15 of such title (relating to requirements for inpatient CAH services).", "summary": "Two-Midnight Rule Coordination and Improvement Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to develop appropriate criteria with regard to the two-midnight rule for payment under title XVIII (Medicare) of the Social Security Act for a short inpatient hospital stay. (The two-midnight rule allows Medicare coverage of only hospital stays for which a physician admits to a hospital a beneficiary expected to require care that crosses two midnights, but generally denies coverage of care expected to require less than a two-midnight stay.) Requires the criteria developed by the Secretary to: (1) account for medical necessity and the appropriateness of an inpatient stay that is less than the two-midnight benchmark, and (2) be developed in consultation with interested stakeholders. Directs the Secretary to develop a budget-neutral Medicare payment methodology for hospitals for short inpatient hospital stays. Allows the methodology to be: (1) a reduced payment amount than would otherwise apply to inpatient hospital services if paid for under the Medicare prospective payment schedule, or (2) an alternative payment methodology. Directs the Secretary to develop: (1) general equivalency maps to link the relevant International Statistical Classification of Diseases and Related Health Problems (ICD)-10 codes (used to report medical diagnoses and inpatient procedures) to relevant Current Procedural Terminology (CPT) codes, and the relevant CPT codes to relevant ICD-10 codes, in order to permit comparison of inpatient hospital services and hospital outpatient department services; and (2) a second crosswalk between Diagnosis-Related Group (DRG) codes for inpatient hospital services and Ambulatory Payment Class (APC) codes for outpatient hospital services. Prohibits the Secretary from enforcing the two-midnight rule for admissions occurring: (1) before October 1, 2014; and (2) on or after that date until October 1, 2015, or the new two-midnight rule criteria are implemented, if sooner (applicable date). Prohibits a Medicare review contractor from denying a claim for inpatient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, on the basis of the two-midnight rule for discharges occurring before the applicable date for: (1) medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (2) requirements for orders, certifications, or recertifications, and associated documentation relating to such matters. Declares that nothing in this Act shall be construed to preclude the Secretary from continuing the conduct by Medicare administrative contractors of the Medicare Probe and Educate program for hospital admissions during the delayed enforcement of the two-midnight rule. Prohibits the Secretary from increasing the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary as of November 4, 2013, such as 10 claims for most hospitals and 25 claims for large hospitals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Protection Program Act''. SEC. 2. VOLUNTARY PROTECTION PROGRAM. (a) Cooperative Agreements.--The Secretary of Labor shall establish a program of entering into cooperative agreements with employers to encourage the establishment of comprehensive safety and health management systems that include-- (1) requirements for systematic assessment of hazards; (2) comprehensive hazard prevention, mitigation, and control programs; (3) active and meaningful management and employee participation in the voluntary program described in subsection (b); and (4) employee safety and health training. (b) Voluntary Protection Program.-- (1) In general.--The Secretary of Labor shall establish and carry out a voluntary protection program (consistent with subsection (a)) to encourage excellence and recognize the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (2) Program requirements.--The voluntary protection program shall include the following: (A) Application.--Employers who volunteer under the program shall be required to submit an application to the Secretary of Labor demonstrating that the worksite with respect to which the application is made meets such requirements as the Secretary of Labor may require for participation in the program. (B) Onsite evaluations.--There shall be onsite evaluations by representatives of the Secretary of Labor to ensure a high level of protection of employees. The onsite visits shall not result in enforcement of citations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (C) Information.--Employers who are approved by the Secretary of Labor for participation in the program shall assure the Secretary of Labor that information about the safety and health program shall be made readily available to the Secretary of Labor to share with employees. (D) Reevaluations.--Periodic reevaluations by the Secretary of Labor of the employers shall be required for continued participation in the program. (3) Monitoring.--To ensure proper controls and measurement of program performance for the voluntary protection program under this section, the Secretary of Labor shall direct the Assistant Secretary of Labor for Occupational Safety and Health to take the following actions: (A) Develop a documentation policy regarding information on follow-up actions taken by the regional offices of the Occupational Safety and Health Administration in response to fatalities and serious injuries at worksites participating in the voluntary protection program. (B) Establish internal controls that ensure consistent compliance by the regional offices of the Occupational Safety and Health Administration with the voluntary protection program policies of the Occupational Safety and Health Administration for conducting onsite reviews and monitoring injury and illness rates, to ensure that only qualified worksites participate in the program. (C) Establish a system for monitoring the performance of the voluntary protection program by developing specific performance goals and measures for the program. (4) Exemptions.--A site with respect to which a voluntary protection program has been approved shall, during participation in the program, be exempt from inspections or investigations and certain paperwork requirements to be determined by the Secretary of Labor, except that this paragraph shall not apply to inspections or investigations arising from employee complaints, fatalities, catastrophes, or significant toxic releases. (5) No payments required.--The Secretary of Labor shall not require any form of payment for an employer to qualify or participate in the voluntary protection program. (c) Transition.--The Secretary of Labor shall take such steps as may be necessary for the orderly transition from the cooperative agreements and voluntary protection programs carried out by the Occupational Safety and Health Administration as of the day before the date of enactment of this Act, to the cooperative agreements and voluntary protection program authorized under this section. In making such transition, the Secretary shall ensure that-- (1) the voluntary protection program authorized under this section is based upon and consistent with the voluntary protection programs carried out on the day before the date of enactment of this Act; and (2) each employer that, as of the day before the date of enactment of this Act, had an active cooperative agreement under the voluntary protection programs carried out by the Occupational Safety and Health Administration and was in good standing with respect to the duties and responsibilities under such agreement, shall have the option to continue participating in the voluntary protection program authorized under this section. (d) Regulations and Implementation.--Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall issue final regulations for the voluntary protection program authorized under this section and shall begin implementation of the program. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary.", "summary": "Voluntary Protection Program Act This bill provides statutory authority for the Occupational Safety and Health Administration's (OSHA's) voluntary protection program, under which management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bullying and Gang Prevention for School Safety and Crime Reduction Act of 2005''. SEC. 2. AMENDMENTS TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT REGARDING BULLYING AND GANGS. (a) Amendments to Safe and Drug-Free Schools and Communities Act.-- Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.; commonly referred to as the ``Safe and Drug-Free Schools and Communities Act'') is amended-- (1) in the matter preceding paragraph (1) in section 4002, and in sections 4112(a)(5)(A), 4115(b)(1)(C)(i), and 4115(b)(2)(A)(i), by striking ``violence'' and inserting ``violence, bullying, and gangs''; (2) in clause (ii) of section 4112(c)(2)(D), by striking ``violence that is associated'' and inserting ``violence, bullying, and gangs that are associated''; (3) by striking the term ``drug and violence prevention'' each place such term appears and inserting ``drug, violence, bullying, and gang prevention'', including in sections 4002(1), 4002(2), 4002(4), 4112(a)(3), 4112(a)(5), 4112(c)(2)(D), 4113(a)(4), 4113(a)(5), 4113(a)(9), 4113(a)(10), 4113(a)(14), 4114(a)(1), 4114(c)(1)(A), 4114(d)(2), 4114(d)(6), 4115(a)(1)(A), 4115(b)(2)(B), 4115(b)(2)(C), 4115(b)(2)(D), 4115(b)(2)(E), 4115(d), 4116(a)(1)(B), 4121(a)(1), 4121(a)(2), and 4121(a)(5); (4) by striking the term ``drug use and violence'' each place such term appears and inserting ``drug use, violence, bullying, and gangs'', including in sections 4002(4), 4112(a)(2), 4112(c)(3)(B)(iv), 4113(a)(9)(A), 4115(b)(1)(C)(ii), 4116(a)(2)(B), and 4122(c); (5) in section 4112(c)(3)(B)(ii), by striking ``violence and drug-related'' and inserting ``violence, bullying, gang, and drug-related''; (6) in section 4114(d)(6), by striking ``acts of violence'' and inserting ``acts of violence, bullying, and gangs''; (7) in sections 4115(a)(1)(A), 4115(a)(1)(C), 4115(a)(2)(A), 4115(b)(2)(E), and 4122(a), by striking the term ``violence and illegal drug use'' each place such term appears and inserting ``violence, bullying, gangs, and illegal drug use''; (8) in section 4115(b)(2)(B), by striking the term ``violence and illegal use of drugs'' each place such term appears and inserting ``violence, bullying, gangs, and illegal use of drugs''; (9) in the matter preceding clause (i) in section 4115(b)(2)(E), and in section 4152(a), by striking the term ``Drug and violence prevention'' each place such term appears and inserting ``Drug, violence, bullying, and gang prevention''; (10) in sections 4115(b)(2)(E)(vii) and 4122(b) by striking ``illegal drug use and violence'' and inserting ``violence, bullying, gangs, and illegal drug use''; (11) in section 4115(b)(2)(E)(ix), by striking ``violent or drug abusing students'' and inserting ``violent, bullying, gang-affiliated, or drug abusing students''; (12) in section 4115(b)(2)(E)(x), by striking ``violent behavior and illegal use of drugs'' and inserting ``violent behavior, bullying, gang affiliation, and illegal use of drugs''; (13) in section 4115(b)(2)(E)(xiii)-- (A) by striking ``violence prevention and education programs'' and inserting ``violence, bullying, and gang prevention and education programs''; and (B) by striking ``resolve conflicts without violence'' and inserting ``resolve conflicts without violence, bullying, or gangs''; (14) in section 4115(b)(2)(E)(xv), by striking ``major accident, or a drug-related incident'' and inserting ``major accident, bullying incident, gang-related incident, or a drug- related incident''; (15) in sections 4115(b)(2)(E)(xviii) and 4116(b)(1), by striking ``safety hotline'' and inserting ``safety, bullying prevention, and gang prevention hotline''; (16) in section 4116(a)(1)(C), by striking ``violence and drug prevention'' and inserting ``drug, violence, bullying, and gang prevention''; (17) in section 4121(a), by striking ``illegal use of drugs and violence'' and inserting ``violence, bullying, gang activity, and illegal drug use''; (18) in section 4121(a)(4), by striking ``violence prevention and education'' and inserting ``violence, bullying, and gang prevention and education''; (19) in sections 4121(a)(6) and 4121(a)(8), by striking ``drug and violence problems'' and inserting ``drug, violence, bullying, and gang problems''; (20) in section 4122(a)(2), by striking ``and school violence'' and inserting ``school violence, bullying, gang activity,''; (21) in sections 4124(a)(1)(B) and 4124(a)(3), by striking ``substance abuse and violence prevention'' and inserting ``violence, bullying, gang, and substance abuse prevention''; (22) in section 4124(b)(4)(A)(i), by striking ``substance abuse and violence problem'' and inserting ``violence, bullying, gang, and substance abuse problem''; (23) in section 4127(c), by striking ``school violence research'' and inserting ``school violence, bullying, and gang research''; (24) in section 4128(b)(2), by striking ``such as substance abuse'' and inserting ``such as bullying, substance abuse''; (25) in section 4128(b)(4), by striking ``school violence prevention'' and inserting ``school violence, bullying, and gang prevention''; (26) in section 4130(b)(1)(B)(iv), by striking ``violence, use of dangerous weapons'' and inserting ``violence, bullying, gangs, use of dangerous weapons''; (27) in section 4130(b)(5)(B)(i), by striking ``schools with violence problems'' and inserting ``schools with violence, bullying, or gang problems''; (28) in section 4151-- (A) in paragraph (3)-- (i) by striking ``Drug and violence prevention'' in the heading and inserting ``Drug, violence, bullying, and gang prevention''; (ii) by striking ``drug and violence prevention'' each place such term appears and inserting ``drug, violence, bullying, and gang prevention''; and (iii) in subparagraph (B), by striking ``with respect to violence'' and inserting ``with respect to violence, bullying, and gangs''; and (B) in paragraphs (6) and (7), by striking ``violent behavior'' and inserting ``violent, bullying, or gang behavior''; and (29) in section 4152(a), by striking ``acts of violence'' and inserting ``acts of violence and bullying''. (b) Amendment to Omnibus Crime Control and Safe Streets Act of 1968.--Paragraph (13) of section 1801 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 2796ee; relating to juvenile accountability block grants) is amended to read as follows: ``(13) establishing and maintaining accountability-based programs that are designed to enhance school safety, which programs may include research-based bullying and gang prevention programs;''.", "summary": "Bullying and Gang Prevention for School Safety and Crime Reduction Act of 2005 - Amends: (1) the Safe and Drug-Free Schools and Communities Act to cover bullying and gang (as well as drug and violence) prevention; and (2) the Omnibus Crime Control and Safe Streets Act of 1968 to authorize (with respect to juvenile accountability block grants) accountability-based programs designed to enhance school safety, which may include research-based bullying and gang prevention programs."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Scotchman Peaks Wilderness Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Scotchman Peaks Wilderness. Sec. 4. Administration. Sec. 5. Fire. Sec. 6. Adjacent management. Sec. 7. Indian tribes. Sec. 8. Effect. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) Wilderness area.--The term ``wilderness area'' means the area designated as a component of the National Wilderness Preservation System by section 3(a). SEC. 3. SCOTCHMAN PEAKS WILDERNESS. (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain National Forest System land in the State of Idaho comprising approximately 13,961 acres, as generally depicted on the map entitled ``Final Map Scotchman Peaks Wilderness'' and dated June 20, 2016, is designated as wilderness and as a component of the National Wilderness Preservation System and shall be known as the ``Scotchman Peaks Wilderness''. (b) Map and Legal Description.--As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for the wilderness area. (c) Effect.--The map and legal description submitted under subsection (b) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map or legal description. (d) Availability.--The map and legal description submitted under subsection (b) shall be available for public inspection in the appropriate offices of the Forest Service. SEC. 4. ADMINISTRATION. (a) In General.--Subject to valid existing rights, the wilderness area shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act. (b) Withdrawal.--Subject to valid existing rights, the wilderness area is withdrawn from all forms of-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. (c) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State of Idaho with respect to fish and wildlife on public land in the State. (d) Management Activities.--In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore fish and wildlife populations and habitats to support fish and wildlife populations within the wilderness area if the management activities-- (1) are consistent with relevant wilderness management plans; (2) are conducted in accordance with appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), including the occasional and temporary use of motorized vehicles; and (3) as determined by the Secretary, would-- (A) promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values; and (B) accomplish the purpose of the management activity with the minimum impact necessary. SEC. 5. FIRE. In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures within the wilderness area as the Secretary determines to be necessary for the control of fire, insects, and disease. SEC. 6. ADJACENT MANAGEMENT. (a) In General.--Nothing in this Act creates a protective perimeter or buffer zone around the wilderness area. (b) Activities Outside Wilderness Area.--The fact that an activity or use on land outside the wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the wilderness area. SEC. 7. INDIAN TRIBES. (a) Access.--In recognition of the past use of the wilderness area by Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure that Indian tribes have access to the wilderness area for-- (1) traditional cultural and religious purposes; and (2) exercise of any right reserved by treaty. (b) Temporary Closures.-- (1) In general.--In carrying out this section, the Secretary, on request of an Indian tribe, may temporarily close to the general public one or more specific portions of the wilderness area to protect the privacy of the members of the Indian tribe in the conduct of the traditional cultural and religious activities in the wilderness area. (2) Requirement.--Any closure under paragraph (1) shall be made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out. (c) Applicable Law.--Access to the wilderness area under this section shall be in accordance with-- (1) Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996); and (2) the Wilderness Act (16 U.S.C. 1131 et seq.). SEC. 8. EFFECT. Nothing in this Act diminishes the rights of any Indian tribe.", "summary": "Scotchman Peaks Wilderness Act of 2016 This bill designates approximately 13,961 acres of National Forest System land in Idaho, to be known as the Scotchman Peaks Wilderness, as wilderness and a component of the National Wilderness Preservation System. The wilderness area is withdrawn from specified public land, mining, mineral leasing, mineral materials, and geothermal leasing laws. The Department of Agriculture (USDA) may carry out management activities to maintain or restore fish and wildlife populations and habitats within the wilderness area if they would: promote healthy, viable, and more naturally distributed populations that would enhance wilderness values; and accomplish the purpose of the management activity with the minimum impact necessary. USDA may take measures within the wilderness area necessary for the control of fire, insects, and disease. Nothing in this bill creates a protective perimeter or buffer zone around the wilderness area. USDA shall ensure that Indian tribes have access to the wilderness area for: traditional and cultural purposes, and the exercise of any right reserved by treaty."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Exchange Improvement Act of 1995''. SEC. 2. LANDS ELIGIBLE FOR APPROXIMATELY EQUAL VALUE TREATMENT. Section 206(h)(1)(A) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(h)(1)(A)) is amended by striking out ``$150,000'' and inserting in lieu thereof ``$500,000, adjusted annually on a fiscal year basis commencing in fiscal year 1997 by the average change over the previous fiscal year of the Consumer Price Index (all items--United States city average) published monthly by the Bureau of Labor Statistics''. SEC. 3. USE OF FUNDS. Section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) is amended-- (1) by inserting ``(1)'' after ``(b)''; and (2) by adding at the end the following: ``(2)(A) Amounts received by the Secretary concerned under paragraph (1) shall be deposited in a special fund in the Treasury of the United States, subject to subparagraph (B). Such amounts shall, subject to the availability of appropriations, be available to the Secretary concerned for processing land exchanges. ``(B) Amounts in the fund referred to in subparagraph (A) may not exceed $12,000,000 at any time. Amounts received by the Secretary concerned under this section which, but for this subparagraph, would be added to such fund shall instead be covered over into the Treasury of the United States as miscellaneous receipts.''. SEC. 4. EXCHANGE PROCESSING. Section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716), as amended by section 3, is further amended by adding at the end the following paragraph: ``(3)(A)(i) An environmental assessment shall be the document prepared for any exchange under this Act pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). ``(ii) Any conferencing or consultation required for an exchange under this Act pursuant to section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)) shall be completed within 45 days after the date on which the conferencing or consultation is initiated. ``(iii) After completion of an exchange under this Act, no action may be taken on the non-Federal land acquired in an exchange until the Secretary concerned has complied with section 102(2) of the National Environmental Policy Act of 1969 and section 7(a) of the Endangered Species Act of 1973 concerning such action, and any necessary amendment to the land management plan applicable to such land and such action. ``(B) The Secretary shall complete processing, and make a final decision, on any exchange under this Act within one year from the date of submission of the application for the exchange. ``(C) The non-Federal land to be included in any exchange under this Act shall be valued without the application of any Federal or State restriction concerning an environmental value or resource the protection of which is considered by the Secretary concerned as a public benefit to be obtained by the exchange.''. SEC. 5. MINOR BOUNDARY ADJUSTMENTS. Section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) is amended by adding at the end thereof the following: ``(j) Notwithstanding the other provisions of this Act and other applicable laws which require that exchanges of land or interests therein be for equal or approximately equal value, the Secretary concerned may dispose of lands by exchange to make such minor adjustments to the boundary of a unit of the public lands or the National Forest System as may be necessary to reflect actual conditions in the unit which are not of comparable character to the unit. In making such adjustments, the amount of land added to the unit may not exceed the amount of land removed from the unit.''. SEC. 6. REMOVAL ON RESTRICTION ON EXCHANGE OF OREGON AND CALIFORNIA RAILROAD GRANT LANDS ADMINISTERED BY THE SECRETARY OF AGRICULTURE. Subsection (a) of the first section of the Act entitled ``An Act relating to the administrative jurisdiction of certain public lands in the State of Oregon, and for other purposes'', approved June 24, 1954 (43 U.S.C. 1181g(a)), is amended by striking out the last sentence. SEC. 7. AMENDMENT TO SISK ACT RELATING TO PRIOR USE OF LANDS TO BE CONVEYED. The first section of the Act entitled ``An Act to facilitate exchanges of land under the Act of March 20, 1922(42 Stat. 465), for use for public schools, and for other purposes'', approved December 4, 1967 (16 U.S.C. 484a), is amended by striking out ``on the date of enactment of this sentence'' and inserting in lieu thereof ``for the five-year period ending on the date of conveyance''. SEC. 8. WAIVER OF PUBLIC USE REQUIREMENT FOR LANDS UNDER BANKHEAD-JONES FARM TENANT ACT. The Bankhead-Jones Farm Tenant Act is amended in section 32(c) (7 U.S.C. 1011(c)) by adding at the end the following: ``The Secretary may waive the requirements of this paragraph that lands be sold, exchanged, or granted only to public authorities and agencies and only on condition that the property is used for public purposes after the Secretary consults with the head of any other Federal agency that has a property interest in the lands, such as a federally-owned building or other improvements.''.", "summary": "Federal Land Exchange Improvement Act of 1995 - Amends the Federal Land Policy and Management Act of 1976 to increase the value of public land available for \"approximately equal value\" exchanges out of Federal ownership. Requires: (1) funds received by the Secretary of Agriculture or the Secretary of the Interior to be deposited in a special land exchange Treasury fund, subject to a monetary ceiling (excess amounts to go into Treasury miscellaneous receipts); and (2) certain environmental and endangered species related activities as part of the exchange process. Exempts public or National Forest System lands minor boundary adjustment exchanges from equal value requirements. Amends Federal law to eliminate the exchange restriction on Oregon and California railroad grant lands. Amends Federal law to permit National Forest land exchanges for public school purposes only if the land was in use during the five-year period ending on the date of conveyance. (Current law permits exchange if in use as of January 12, 1983.) Amends the Bankhead-Jones Farm Tenant Act to waive the public use requirement for exchanges under such Act."}
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SECTION 1. RESTORATION OF WASHINGTON SQUARE. (a) Restoration.--The Secretary of the Interior (acting through the Director of the National Park Service) is authorized to provide a grant to the City of Philadelphia to undertake the restoration of the area known as Washington Square, as depicted on the map numbered 391-80,016 and dated September 1994. Such grant may not be used to fund more than 66.6 percent of the costs of such restoration. The grant shall be conditioned on the conduct of such restoration in accordance with such standards as may be established by the Secretary in order to facilitate the inclusion of the square in Independence National Historical Park pursuant to section 2 of this Act. Such standards shall provide for the use of the most cost-efficient design and materials that are both consistent with the historical values of the square and suitable for inclusion in Independence National Historical Park. The grant shall also be conditioned upon the entrance by the city into a memorandum of understanding with the Secretary with respect to the long-term lease and administration of the square. (b) Offset of Funding.--Any Federal funds, other than those authorized to be appropriated under this Act, that are appropriated for the purpose of restoring Washington Square (as depicted on the map referred to in subsection (a)) shall be used to offset any funds made available to the National Park Service pursuant to this Act. (c) Authorization of Appropriations.--There is authorized to be appropriated for the purposes of this section not more than $2,600,000 for the fiscal year 1995. SEC. 2. INCLUSION WITHIN INDEPENDENCE NATIONAL HISTORICAL PARK. Upon completion of the restoration, pursuant to section 1, of Washington Square (as depicted on the map referred to in section 1), the Secretary of the Interior is authorized to enter into a lease agreement with the city of Philadelphia for the lease of such area to the National Park Service for an amount not to exceed $1 per year, and to acquire such area or an interest in the area by donation, and the Secretary is authorized to modify the boundaries of Independence National Historical Park to include such area within such boundaries, and to provide for the administration of such area as part of such Park. SEC. 3. ROLE OF CITY OF PHILADELPHIA. In accordance with the terms set forth in the Memorandum of Understanding signed by the Department of the Interior, the city of Philadelphia, and the Fairmount Park Commission and dated November 25, 1991, and as a condition of receiving the grant referred to in section 1(a), the city of Philadelphia shall provide, without cost to the Federal Government, services for Washington Square (as depicted on the map referred to in section 1) with respect to electricity, natural gas, water and sewer, curbside garbage collection of bagged trash or receipt of hauled trash at a city collection point, and police services comparable to those provided in the surrounding community.", "summary": "Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to provide a grant to Philadelphia, Pennsylvania, to undertake the restoration of Washington Square in accordance with the standards established to facilitate its inclusion in Independence National Historical Park and upon the entrance by the city into a memorandum of understanding with the Secretary concerning the long-term lease and administration of the Square. Requires such standards to provide for the use of the most cost-efficient design and materials that are consistent with the historical values of the Square and suitable for inclusion in the Park. Prohibits such grant from being used to fund more than 66.6 percent of the costs of such restoration. Requires Federal funds, other than those authorized to be appropriated under this Act, that are appropriated for the purpose of restoring the Square, to be used to offset any funds made available to the National Park Service pursuant to this Act. Authorizes appropriations for FY 1995. Authorizes the Secretary to: (1) enter into an agreement with Philadelphia for the lease of the restored Square to the Service in an amount not to exceed one dollar per year; (2) acquire such Square or an interest in it by donation; (3) modify the Park's boundaries to include the Square; and (4) provide for the administration of the Square as part of the Park. Requires Philadelphia to provide, without cost to the Government, services for the Square with respect to electricity, natural gas, water and sewer, curbside garbage collection of bagged trash or receipt of hauled trash at a city collection point, and police services comparable to those provided in the surrounding community."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004''. SEC. 2. ADDITION OF WILD SKY WILDERNESS TO NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Designation.--Certain Federal lands in the State of Washington comprising approximately 92,722 acres, as generally depicted on the map entitled ``Wild Sky Wilderness and Backcountry Wilderness Management Area Proposal'' and dated September 2004, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The Federal lands designated as wilderness by this subsection shall be known as the Wild Sky Wilderness. (b) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the Wild Sky Wilderness with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (c) Administration.--Subject to valid existing rights, the Secretary of Agriculture shall manage the Wild Sky Wilderness in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to the Wild Sky Wilderness, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. To fulfill the purposes of this Act and the Wilderness Act and to achieve administrative efficiencies, the Secretary may manage the Wild Sky Wilderness as a comprehensive part of the larger complex of adjacent and nearby wilderness areas. (d) Maintenance and Use of Certain Structures.-- (1) Repeater site.--Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communication for safety, health, and emergency services. (2) Evergreen mountain lookout.--The designation of the Wild Sky Wilderness shall not preclude the operation and maintenance of the Evergreen Mountain Lookout, in the same manner and degree in which the operation and maintenance of the lookout was occurring as of the date of enactment of this Act. (e) Access.-- (1) Private inholdings.--Consistent with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall assure adequate access to private inholdings in the Wild Sky Wilderness. (2) Float plane access.--As provided by section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake Isabel in the Wild Sky Wilderness, where such use was established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines desirable. (f) Land Acquisition Authority.-- (1) In general.--The Secretary of Agriculture may acquire lands and interests therein in the Wild Sky Wilderness by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in subsection (a). (2) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of designation of the Wild Sky Wilderness or inclusion of adjacent Federal lands in the Skykomish Backcountry Wilderness Management Area under section 3. (3) Boundary adjustment.--The boundaries of the Mt. Baker- Snoqualmie National Forests and the Wild Sky Wilderness shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection. SEC. 3. DESIGNATION OF BACKCOUNTRY WILDERNESS MANAGEMENT AREA, SKYKOMISH RIVER VALLEY, WASHINGTON. (a) Designation.--Certain Federal lands in the State of Washington comprising approximately 13,278 acres, as generally depicted on the map referred to in section 2(a), are hereby designated as the Skykomish Backcountry Wilderness Management Area for the purpose of conserving, protecting, and enhancing for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the Federal lands included in the management area. (b) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the management area with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (c) Administration.--The Secretary of Agriculture shall manage the Federal lands included in the management area to preserve their natural character and to protect and enhance water quality. (d) Management Plan.--Not later than three years after the date of the enactment of this Act, the Secretary of Agriculture shall develop a management plan for the management area. The Secretary shall prepare the management plan in consultation with representatives of the State of Washington, the political subdivisions of the State containing the management area, and other interested persons. (e) Wildlife Management.--The designation of the management area neither affects nor diminishes the jurisdiction of the State of Washington with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, on Federal lands included in the management area. (f) Withdrawal.--Subject to valid existing rights, the Federal lands included in the management area are withdrawn from all forms of entry, appropriation, and disposal under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing, mineral materials, and geothermal leasing laws. (g) Motorized and Mechanized Travel Authorized.--Motorized and mechanized travel in the management area shall be restricted to designated trails and routes specified in the management plan required by subsection (d). Pending completion of the management plan, the Secretary of Agriculture may designate the trails and routes in the management area on which motorized and mechanized travel is authorized. Other trails and routes may be used for motorized and mechanized travel whenever the Secretary considers such use to be necessary for administrative purposes or to respond to an emergency. (h) Prohibition on Commercial Timber Harvesting.--The Secretary of Agriculture shall not permit the commercial harvest of timber in the management area. (i) Land Acquisition Authority.-- (1) In general.--The Secretary of Agriculture may acquire lands and interests therein in the management area by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in section 2(a). (2) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of inclusion of adjacent Federal lands in the management area or designation of the Wild Sky Wilderness. (3) Boundary adjustment.--The boundaries of the Mt. Baker- Snoqualmie National Forests and the management area shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection. SEC. 4. DEVELOPMENT AND IMPLEMENTATION OF TRAIL PLAN. (a) Trail Plan Required.--The Secretary of Agriculture shall establish, in consultation with interested parties, a trail plan for National Forest System lands described in this paragraph in order to develop the following: (1) A system of hiking and equestrian trails in the Wild Sky Wilderness in a manner consistent with section 2 and the Wilderness Act (16 U.S.C. 1131 et seq.). (2) A system of hiking and equestrian trails in the Backcountry Wilderness Management Area in a manner consistent with section 3. (3) A system of trails adjacent to the Wild Sky Wilderness or the Backcountry Wilderness Management Area to provide access to such areas. (b) Implementation Report.--Within two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the trail plan. The report shall include the identification of those trails regarding which development is a priority. SEC. 5. LAND EXCHANGES, CHELAN COUNTY PUBLIC UTILITY DISTRICT, WASHINGTON. (a) Land Exchanges Required.--In accordance with this section, the Secretary of Agriculture shall carry out a land exchange with the Chelan County Public Utility District in the State of Washington to exchange lands and interests in lands, as generally depicted on the map entitled ``Chelan County Public Utility District Exchange'' and dated May 22, 2002. (b) Acceptance of Lands.--If, within 90 days after the date of enactment of this Act, the Chelan County Public Utility District offers to the Secretary of Agriculture approximately 371.8 acres of lands held by the Utility District in the Mt. Baker-Snoqualmie National Forests in the State of Washington, the Secretary shall accept such lands if the title is acceptable to the Secretary and there is no hazardous material on such lands, which is objectionable to the Secretary. (c) Conveyance of Easement.--Upon acceptance of title by the Secretary of Agriculture under subsection (b), the Secretary shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of the date of enactment of this Act, to maintain an existing snowtel site on 1.82 acres of Federal land in the Wenatchee National Forest in the State of Washington. (d) Reversion.--As a condition on the conveyance under subsection (c), the Chelan County Public Utility District shall notify the Secretary of Agriculture if the Utility District determines that there is no longer a need to maintain a snowtel site on the lands subject to the easement conveyed under subsection (c) to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin. Upon receipt of such notice, the easement shall be extinguished and all rights conveyed under such subsection shall revert to the United States.", "summary": "Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004 - Designates specified Federal lands in the State of Washington (the State) as: (1) the Wild Sky Wilderness (the Wilderness); and (2) the Skykomish Backcountry Wilderness Management Area (the Area). Directs the Secretary of Agriculture to manage the Wilderness in accordance with the Wilderness Act and this Act. Authorizes the Secretary to use helicopter access to construct and maintain a joint U.S. Forest Service and Snohomish County repeater site, in compliance with a Forest Service-approved communications site plan, to improve communication for safety, health, and emergency services. Directs the Secretary to: (1) develop a management plan for the Area (but prohibits the Secretary from permitting commercial timber harvest in the Area); (2) establish a trail plain for specified National Forest System lands to develop a system of hiking and equestrian trails in the Wilderness and the Area, and trails adjacent to the Wilderness or the Area; and (3) carry out a land exchange with the Chelan County Public Utility District in the State, subject to specified requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Identify Theft and Tax Fraud Prevention Act''. SEC. 2. CRIMINAL PENALTY FOR USING A FALSE IDENTITY IN CONNECTION WITH TAX FRAUD. (a) In General.--Section 7207 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Any person who willfully'' and inserting the following: ``(a) In General.--Any person who willfully'', (2) by striking ``Any person required'' and inserting the following: ``(b) Information in Connection With Certain Exempt Organizations.--Any person required'', and (3) by adding at the end the following: ``(c) Misappropriation of Identity.--Any person who knowingly or willfully misappropriates another person's tax identification number in connection with any list, return, account, statement, or other document submitted to the Secretary shall be fined not less than $25,000 ($200,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.''. (b) Effective Date.--The amendments made by this section shall apply to returns and information submitted after the date of the enactment of this Act. SEC. 3. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF INFORMATION BY PREPARERS OF RETURNS. (a) In General.--Section 6713(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$250'' and inserting ``$1,000'', and (2) by striking ``$10,000'' and inserting ``$50,000''. (b) Criminal Penalty.--Section 7216(a) of the Internal Revenue Code of 1986 is amended by striking ``$1,000'' and inserting ``$100,000''. (c) Effective Date.--The amendments made by this section shall apply to disclosures or uses after the date of the enactment of this Act. SEC. 4. PIN SYSTEM FOR PREVENTION OF IDENTITY THEFT TAX FRAUD. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall implement an identify theft tax fraud prevention program under which-- (1) a person who has filed an identity theft affidavit with the Secretary may elect-- (A) to be provided with a unique personal identification number to be included on any Federal tax return filed by such person, or (B) to prevent the processing of any Federal tax return submitted in an electronic format by a person purporting to be such person, and (2) the Secretary will provide additional identity verification safeguards for the processing of any Federal tax return filed by a person described in paragraph (1) in cases where a unique personal identification number is not included on the return. SEC. 5. AUTHORITY TO TRANSFER INTERNAL REVENUE SERVICE APPROPRIATIONS TO USE FOR TAX FRAUD ENFORCEMENT. For any fiscal year, the Commissioner of Internal Revenue may transfer not more than $10,000,000 to the ``Enforcement'' account of the Internal Revenue Service from amounts appropriated to other Internal Revenue Service accounts. Any amounts so transferred shall be used solely for the purposes of preventing and resolving potential cases of tax fraud. SEC. 6. LOCAL LAW ENFORCEMENT LIAISON. (a) Establishment.--The Commissioner of Internal Revenue shall establish within the Criminal Investigation Division of the Internal Revenue Service the position of Local Law Enforcement Liaison. (b) Duties.--The Local Law Enforcement Liaison shall-- (1) coordinate the investigation of tax fraud with State and local law enforcement agencies; (2) communicate the status of tax fraud cases involving identity theft, and (3) carry out such other duties as delegated by the Commissioner of Internal Revenue. SEC. 7. REPORT ON TAX FRAUD. Subsection (a) of section 7803 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Annual report on tax fraud.--The Commissioner shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House or Representatives an annual report detailing-- ``(A) the number of reports of tax fraud and suspected tax fraud received from State and local law enforcement agencies in the preceding year, and ``(B) the actions taken in response to such reports.''. SEC. 8. STUDY ON THE USE OF PREPAID DEBIT CARDS AND COMMERCIAL TAX PREPARATION SOFTWARE IN TAX FRAUD. (a) In General.--The Comptroller General shall conduct a study to examine the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. SEC. 9. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE. (a) In General.--The Secretary of Commerce shall not disclose information contained on the Death Master File to any person with respect to any individual who has died at any time during the calendar year in which the request for disclosure is made or the succeeding calendar year unless such person is certified under the program established under subsection (b). (b) Certification Program.-- (1) In general.--The Secretary of Commerce shall establish a program to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File. (2) Certification.--A person shall not be certified under the program established under paragraph (1) unless the Secretary determines that such person has a legitimate fraud prevention interest in accessing the information described in subsection (a). (c) Imposition of Penalty.--Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)-- (1) discloses such information to any other person, or (2) uses any such information for any purpose other than to detect or prevent fraud, shall pay a penalty of $1,000 for each such disclosure or use, but the total amount imposed under this subsection on such a person for any calendar year shall not exceed $50,000. (d) Exemption From Freedom of Information Act Requirement With Respect to Certain Records of Deceased Individuals.-- (1) In general.--The Social Security Administration shall not be compelled to disclose to any person who is not certified under the program established under section 9(b) the information described in section 9(a). (2) Treatment of information.--For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of such section 552. SEC. 10. EXTENSION OF AUTHORITY TO DISCLOSE CERTAIN RETURN INFORMATION TO PRISON OFFICIALS. (a) In General.--Section 6103(k)(10) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Report From Federal Bureau of Prisons.--Not later than 6 months after the date of the enactment of this Act, the head of the Federal Bureau of Prisons shall submit to Congress a detailed plan on how it will use the information provided from the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud. (c) Sense of Senate Regarding State Prison Authorities.--It is the sense of the Senate that the heads of State agencies charged with the administration of prisons should-- (1) develop plans for using the information provided by the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud, and (2) coordinate with the Internal Revenue Service with respect to the use of such information. SEC. 11. TREASURY REPORT ON INFORMATION SHARING BARRIERS WITH RESPECT TO IDENTITY THEFT. (a) Review.-- (1) In general.--The Secretary of the Treasury (or the Secretary's delegate) shall review whether current federal tax laws and regulations related to the confidentiality and disclosure of return information prevent the effective enforcement of local, State, and federal identity theft statutes. The review shall consider whether greater information sharing between the Internal Revenue Service and State and local law enforcement authorities would improve the enforcement of criminal laws at all levels of government. (2) Consultation.--In conducting the review under paragraph (1), the Secretary shall solicit the views of, and consult with, State and local law enforcement officials. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report with the results of the review conducted under subsection (a), along with any legislative recommendations, to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.", "summary": "Identify [sic] Theft and Tax Fraud Prevention Act - Amends the Internal Revenue Code to: (1) impose a fine and/or prison term on any person who knowingly or willfully misappropriates another person's tax identification number in connection with any list, return, account, statement, or other document submitted to the Internal Revenue Service (IRS); (2) increase the civil and criminal penalties for improper disclosure or use of taxpayer information by tax return preparers; (3) require the Commissioner of Internal Revenue to submit to the Senate Committee on Finance and the House Committee on Ways and Means an annual report on the number of reported cases of tax fraud and suspected tax fraud and the actions taken in response to such reports; and (4) require the head of the Federal Bureau of Prisons to submit to Congress a detailed plan on how it will use tax information provided by the IRS to reduce prison tax fraud. Directs the Secretary of the Treasury to: (1) implement an identity theft tax fraud prevention program; and (2) review whether current federal tax law prevents the effective enforcement of local, state, and federal identity theft statutes. Authorizes the Commissioner to transfer appropriated funds to be used solely to prevent and resolve potential tax fraud cases. Directs the Commissioner to establish in the Criminal Investigation Division of the IRS the position of Local Law Enforcement Liaison to coordinate the investigation of tax fraud with state and local law enforcement agencies and communicate the status of tax fraud cases involving identity theft. Directs the Comptroller General to study and report on the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. Prohibits the Secretary of Commerce from disclosing information contained on the Death Master File relating to a deceased individual to persons who are not certified to access such information."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reciprocity and Fairness in Foreign Investment Act''. SEC. 2. LIMITATIONS ON INVESTMENT AND CERTAIN OPERATIONS BY FOREIGN ENTITIES. (a) Limitations.-- (1) On government-owned enterprises.--A foreign person that is owned or controlled by the government of a foreign country may-- (A) acquire or hold an equity interest, or other evidence of ownership, in a corporation, partnership, or other business entity, that is organized under the laws of the United States, or (B) acquire or hold any interest in real property in the United States, only to the same extent as that foreign country allows United States persons to acquire or hold (as the case may be) equity interests or other evidences of ownership in comparable business concerns organized under the laws of that foreign country and to acquire or hold interests in comparable real property in that foreign country. (2) Investment in and operation of critical infrastructure.--A foreign person may acquire or hold a property interest in, or control operations, management, or security operations of, critical infrastructure in the United States only to the same extent as the foreign country of which that foreign person is a national allows United States persons to acquire or hold equivalent property interests or other evidences of ownership in, or to control operations, management, or security operations of, comparable critical infrastructure in that country. (b) Definitions.--In this section: (1) Critical infrastructure.--(A) The term ``critical infrastructure'' means systems and assets, whether physical or virtual, so vital to a country that the incapacity or destruction of such systems and assets would have a debilitating impact on the security, economic security, or public health or safety, of that country. Such term includes-- (i) any airport, air navigation facility, or facility that is part of an air traffic control system; (ii) any bridge, any highway, and any railroad tracks or facilities; (iii) any port facilities; (iv) any pipeline that transports oil, natural gas, or gasoline or other petroleum products; and (v) any electricity generation, transmission, or distribution facilities. (B) The terms ``airport'', ``air navigation facility'', and ``air traffic control system'' have the meanings given those terms in section 40102 of title 49, United States Code. (2) Foreign person.--The term ``foreign person'' means a national of a foreign country. (3) Government.--The term ``government of a foreign country'' includes any agency or instrumentality of the government of a foreign country. (4) National of a foreign country.--A person is a national of a foreign country if that person is-- (A) a citizen of that country; (B) an entity organized under the laws of that country (whether the entity is controlled by private persons or government entities); (C) a unit of government of that country; or (D) an entity that is organized under the laws of the United States and is owned or controlled by individuals, entities, or units of government described in subparagraphs (A), (B), and (C), or any combination thereof. (5) United states.--The term ``United States'' means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (6) United states person.--The term ``United States person'' means-- (A) any United States citizen; (B) any entity that is organized under the laws of the United States and is owned or controlled by United States citizens, by State or local governments, by the United States, or by any combination thereof. SEC. 3. ENFORCEMENT. (a) Secretary of the Treasury.--The Secretary of the Treasury, in consultation with the Secretary of Commerce, the Attorney General, and the heads of such other departments and agencies as the Secretary of the Treasury considers appropriate, shall issue such regulations as are necessary to carry out section 2. (b) Penalties.-- (1) Civil penalties.-- (A) Penalty.--A civil penalty of not more than $500,000 shall be imposed on any foreign person who violates section 2 or any regulation issued under subsection (a) of this section. (B) Authority of the secretary of the treasury.-- The Secretary of the Treasury has the authority to impose civil penalties under subparagraph (A). (2) Other relief.--The Secretary of the Treasury may bring an action in the appropriate United States district court to enjoin any violation of section 2 or any regulation issued under subsection (a) of this section. In addition, the Attorney General, upon the request of the Secretary of the Treasury, shall seek appropriate relief, including divestment relief, in the district courts in order to enforce this Act. SEC. 4. ANNUAL REPORT. The Secretary of the Treasury shall, not later than 120 days after the date of the enactment of this Act and annually thereafter, issue and make public a report on the laws of each foreign country regarding permissible investment by foreign persons in enterprises organized under the laws of the country and in real property in that country, and permissible control by foreign persons of operations and management of critical infrastructure in that country. SEC. 5. EFFECTIVE DATE. (a) In General.--Subject to subsection (b), this Act shall take effect 180 days after the date of the enactment of this Act. (b) Existing Investments.--In order to allow foreign countries the flexibility to make the necessary changes to their laws so as to allow foreign investment and control affected by this Act, this Act and the regulations issued under this Act shall not apply to any equity interest, other property interest, or control of operations or management of infrastructure, acquired before the effective date of this Act until the date that is 1 year after such effective date.", "summary": "Reciprocity and Fairness in Foreign Investment Act - Permits a foreign person owned or controlled by a foreign government to acquire ownership in either a business, or in real property in the United States, but only to the same extent as that foreign government allows U.S. persons to acquire ownership in comparable enterprises organized under the laws of that foreign country. Subjects investment and operation of critical infrastructure in the United States by such a foreign person to the same reciprocity requirements. Directs the Secretary of the Treasury to issue implementing regulations. Establishes civil penalties for violations of this Act."}
{"article": "SECTION 1. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) undertake the necessary measures to deny the Cuban regime the financial resources to engage in activities that threaten-- (A) United States national security, its interests and its allies; (B) the environment and natural resources of the submerged lands of Cuba's northern coast and Florida's unique maritime environment; and (C) that prolong the dictatorship that oppresses the Cuban people; and (2) deter foreign investments that would enhance the ability of the Cuban regime to develop its petroleum resources. SEC. 2. EXCLUSION OF CERTAIN ALIENS. (a) In General.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is amended by inserting after section 401 the following: ``SEC. 402. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO CONTRIBUTE TO THE ABILITY OF CUBA TO DEVELOP PETROLEUM RESOURCES OFF OF CUBA'S NORTHERN COAST. ``(a) In General.--The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who the Secretary of State determines is a person who-- ``(1) is an officer or principal of an entity, or a shareholder who owns a controlling interest in an entity, that, on or after May 2, 2006, makes an investment that equals or exceeds $1,000,000 (or any combination of investments that in the aggregate equals or exceeds $1,000,000 in any 12-month period), that contributes to the enhancement of Cuba's ability to develop petroleum resources of the submerged lands of Cuba's northern coast; or ``(2) is a spouse, minor child, or agent of a person described in paragraph (1). ``(b) Waiver.--The Secretary of State may waive the application of subsection (a) if the Secretary certifies and reports to the appropriate congressional committees, on a case-by-case basis, that the admission to the United States of a person described in subsection (a)-- ``(1) is necessary for critical medical reasons or for purposes of litigation of an action under title III; or ``(2) is appropriate if the requirements of sections 203, 204, and 205 have been satisfied. ``(c) Definitions.--In this section: ``(1) Develop.--The term `develop', with respect to petroleum resources, means the exploration for, or the extraction, refining, or transportation by pipeline or other means of, petroleum resources. ``(2) Investment.--The term `investment' means any of the following activities if such activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Cuba (or any agency or instrumentality thereof) or a nongovernmental entity in Cuba, on or after May 2, 2006: ``(A) The entry into a contract that includes responsibility for the development of petroleum resources of the submerged lands of Cuba's northern coast, or the entry into a contract providing for the general supervision and guarantee of another person's performance of such a contract. ``(B) The purchase of a share of ownership, including an equity interest, in that development. ``(C) The entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation. ``(D) The entry into, performance, or financing of a contract to sell or purchase goods, services, or technology related to that development. ``(3) Petroleum resources.--The term `petroleum resources' includes petroleum and natural gas resources.''. (b) Effective Date.--The amendment made by this section applies to aliens seeking admission to the United States on or after the date of the enactment of this Act. SEC. 3. IMPOSITION OF SANCTIONS. (a) In General.--The President shall impose two or more of the sanctions described in subsection (b) if the President determines that a person has, on or after May 2, 2006, made an investment that equals or exceeds $1,000,000 (or any combination of investments that in the aggregate equals or exceeds $1,000,000 in any 12-month period) that contributes to the enhancement of Cuba's ability to develop petroleum resources of the submerged lands of Cuba's northern coast. (b) Sanctions Described.--The sanctions to be imposed on a sanctioned person under this section are as follows: (1) Export-import bank assistance for exports to sanctioned persons.--The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to any sanctioned person. (2) Export sanction.--The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under-- (A) the Export Administration Act of 1979; (B) the Arms Export Control Act; (C) the Atomic Energy Act of 1954; or (D) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (3) Loans from united states financial institutions.--The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12- month period unless such person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. (4) Prohibitions on financial institutions.--The following prohibitions may be imposed against a sanctioned person that is a financial institution: (A) Prohibition on designation as primary dealer.-- Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. (B) Prohibition on service as a repository of government funds.--Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. The imposition of either sanction under subparagraph (A) or (B) shall be treated as one sanction for purposes of this section, and the imposition of both such sanctions shall be treated as two sanctions for purposes of this section. (5) Procurement sanction.--The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person. (c) Person Defined.--In this section, the term ``person'' includes a foreign subsidiary of a person referred to in subsection (a).", "summary": "States that it shall be U.S. policy to: (1) undertake measures to deny the Cuban regime the financial resources to engage in activities that threaten U.S. national security and other interests, threaten the environment and natural resources of northern Cuba and Florida, and prolong the dictatorship that oppresses the Cuban people; and (2) deter foreign investments that would enhance the Cuban regime's ability to develop its petroleum resources. Amends the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to exclude from U.S. entry an alien who: (1) is an officer or principal of an entity, or a shareholder who owns a controlling interest in an entity that makes an investment (as defined by this Act) of $1 million or more (or any combination of investments that equals or exceeds $1 million in any 12-month period), that significantly contributes to Cuba's ability to develop petroleum and natural gas resources off its north coast; or (2) is a spouse, minor child, or agent of such person. Exempts on a case-by-case basis entries: (1) for medical reasons or property-related litigation; or (2) where a transition government is in place. Defines \"investment\" for purposes of this Act. Directs the President to impose two or more specified export, procurement, financial institution, loan, or Export-Import Bank sanctions if the President determines that a person has made an investment of $1 million or more (or any combination of investments that in the aggregate equals or exceeds $1 million in any 12-month period) that contributes to the enhancement of Cuba's ability to develop petroleum resources of the submerged lands of Cuba's northern coast."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Apples for Teachers Act''. SEC. 2. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED DEDUCTIONS NOT TO APPLY TO QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Section 67(b) of the Internal Revenue Code of 1986 (defining miscellaneous itemized deductions) is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) any deduction allowable for the qualified professional development expenses paid or incurred by an eligible teacher.''. (b) Definitions.--Section 67 of such Code (relating to 2-percent floor on miscellaneous itemized deductions) is amended by adding at the end the following new subsection: ``(g) Qualified Professional Development Expenses of Eligible Teachers.--For purposes of subsection (b)(13)-- ``(1) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses-- ``(i) for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction, and ``(ii) with respect to which a deduction is allowable under section 162 (determined without regard to this section). ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) directly related to the curriculum and academic subjects in which an eligible teacher provides instruction, or ``(II) designed to enhance the ability of an eligible teacher to understand and use State standards for the academic subjects in which such teacher provides instruction, ``(ii) may-- ``(I) provide instruction in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs (including children who are gifted and talented), or ``(II) provide instruction in how best to discipline children in the classroom and identify early and appropriate interventions to help children described in subclause (I) to learn, ``(iii) is tied to challenging State or local content standards and student performance standards, ``(iv) is tied to strategies and programs that demonstrate effectiveness in increasing student academic achievement and student performance, or substantially increasing the knowledge and teaching skills of an eligible teacher, ``(v) is of sufficient intensity and duration to have a positive and lasting impact on the performance of an eligible teacher in the classroom (which shall not include 1-day or short-term workshops and conferences), except that this clause shall not apply to an activity if such activity is one component described in a long-term comprehensive professional development plan established by an eligible teacher and the teacher's supervisor based upon an assessment of the needs of the teacher, the students of the teacher, and the local educational agency involved, and ``(vi) is part of a program of professional development which is approved and certified by the appropriate local educational agency as furthering the goals of the preceding clauses. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 14101 of the Elementary and Secondary Education Act of 1965, as in effect on the date of the enactment of this subsection. ``(2) Eligible teacher.-- ``(A) In general.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher in an elementary or secondary school. ``(B) Elementary or secondary school.--The terms `elementary school' and `secondary school' have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as so in effect.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $400. ``(c) Definitions.-- ``(1) Eligible teacher.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher, instructor, counselor, aide, or principal in an elementary or secondary school on a full-time basis for an academic year ending during a taxable year. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible teacher in the classroom. ``(3) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit to elementary and secondary school teachers who provide classroom materials.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.", "summary": "Apples for Teachers Act - Amends the Internal Revenue Code to: (1) make the two percent floor on miscellaneous itemized deductions inapplicable to the qualified professional development expenses incurred by teachers; and (2) allow a credit to elementary and secondary school teachers who provide classroom materials."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving and Reforming SSDI (PAR- SSDI) Act of 2016''. SEC. 2. CONSIDERATION OF VOCATIONAL FACTORS IN DISABILITY DETERMINATIONS. (a) Language Proficiency.--Section 223(d)(2) of the Social Security Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the following: ``(D) In determining whether an individual is under a disability, the Commissioner shall make such determination without regard to the individual's ability to communicate in English.''. (b) Quarters of Coverage Requirement.--Section 223(d)(2) of the Social Security Act (42 U.S.C. 423(d)(2)), as amended by subsection (a), is further amended by adding at the end the following: ``(E) In determining whether an individual is under a disability for a month, the Commissioner may not consider the individual's vocational background unless the individual had not less than 16 quarters of coverage during the 24-quarter period ending with the quarter in which such month occurs.''. (c) Periodic Update of Vocational and Educational Factors.--Not later than 5 years after the date of the enactment of this Act and not later than the end of every subsequent 5-year period, the Commissioner of Social Security shall prepare and implement a complete update of the vocational and educational factors considered in making disability determinations under title II of the Social Security Act. (d) Effective Date.--The amendments made by this section shall apply with respect to applications for disability insurance benefits filed on or after the date of the enactment of this Act. SEC. 3. DISQUALIFICATION ON RECEIPT OF DISABILITY INSURANCE BENEFITS IN A MONTH FOR WHICH UNEMPLOYMENT COMPENSATION IS RECEIVED. (a) In General.--Section 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)) is amended by adding at the end the following: ``(C)(i) If for any week in whole or in part within a month an individual is paid or determined to be eligible for unemployment compensation, such individual shall be deemed to have engaged in substantial gainful activity for such month. ``(ii) For purposes of clause (i), the term `unemployment compensation' means-- ``(I) `regular compensation', `extended compensation', and `additional compensation' (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act (26 U.S.C. 3304 note)); and ``(II) trade adjustment assistance under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).''. (b) Trial Work Period.--Section 222(c) of the Social Security Act (42 U.S.C. 422(c)) is amended by adding at the end the following: ``(6)(A) For purposes of this subsection, an individual shall be deemed to have rendered services in a month if the individual is entitled to unemployment compensation for such month. ``(B) For purposes of subparagraph (A), the term `unemployment compensation' means-- ``(i) `regular compensation', `extended compensation', and `additional compensation' (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act (26 U.S.C. 3304 note)); and ``(ii) trade adjustment assistance under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).''. (c) Data Matching.--The Commissioner of Social Security shall implement the amendments made by this section using appropriate electronic data. (d) Effective Date.--The amendments made by this subsection shall apply with respect to individuals who initially apply for disability insurance benefits on or after January 1, 2017. SEC. 4. ELIGIBILITY FOR MEDICARE. (a) In General.--Section 226(b)(2) of the Social Security Act (42 U.S.C. 426(b)) is amended-- (1) in subparagraph (A), by striking ``24 calendar months'' and inserting ``60 calendar months''; (2) in subparagraph (B), by striking ``24 months'' and inserting ``60 months''; (3) in subparagraph (C)(ii), by striking ``24 months'' and inserting ``60 months''; and (4) in the matter following subparagraph (C)(ii)(II)-- (A) by striking ``twenty-fifth month'' before ``of his entitlement or status'' and inserting ``sixty-first month''; and (B) by striking ```twenty-fifth month of his entitlement' refers to the first month after the twenty-fourth month'' and inserting ```sixty-first month of his entitlement' refers to the first month after the sixtieth month''. (b) Conforming Amendments.--Section 226 of such Act (42 U.S.C. 426), as amended by subsection (a), is further amended-- (1) in subsection (e)(1)(B), by striking ``24 months'' and inserting ``60 months''; and (2) in subsection (f), by striking ``24 months'' and inserting ``60 months''. (c) Effective Date.--The amendments made by this section shall apply with respect to applications for disability insurance benefits filed on or after the date of the enactment of this Act. SEC. 5. INCLUSION OF UNEARNED INCOME IN DETERMINATION OF SUBSTANTIAL GAINFUL ACTIVITY. (a) In General.--Section 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)), as amended by section 3(b), is further amended by adding at the end the following: ``(D)(i) If the amount of unearned income (as defined in section 1612) of an individual for a month is equal to or greater than the monthly income limit for such month, the individual shall be deemed to have engaged in substantial gainful activity for such month. ``(ii) For purposes of this subparagraph, the monthly income limit is the amount of earnings derived from services, prescribed by the Commissioner under regulations issued pursuant to subparagraph (A), sufficient to demonstrate an individual's ability to engage in substantial gainful activity for a month.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to monthly insurance benefits paid for months beginning after the date that is 1 year after the date of the enactment of this Act. SEC. 6. MEDICAL EVIDENCE IN DISABILITY DETERMINATIONS. (a) Exclusion of Medical Evidence That Is Not Submitted in Its Entirety or Furnished by a Licensed Practitioner.--Section 223(d)(5) of the Social Security Act (42 U.S.C. 423(d)(5)) is amended-- (1) in subparagraph (B), by striking ``In'' and inserting ``Subject to subparagraphs (C) and (D), in''; and (2) by adding at the end the following new subparagraphs: ``(C)(i) An individual and, if applicable, such individual's representative shall submit, in its entirety and without redaction, all relevant medical evidence known to the individual or the representative to the Commissioner of Social Security. ``(ii) In the case of a hearing before an administrative law judge to determine if an individual is under a disability (as defined in paragraph (1)), the Commissioner of Social Security shall not consider any piece of medical evidence furnished by an individual or such individual's representative unless such individual and, if applicable, such individual's representative, certifies at the hearing that all relevant medical evidence has been submitted in its entirety and without redaction. ``(iii) For purposes of this subparagraph, the term `relevant medical evidence' means any medical evidence relating to the individual's claimed physical or mental impairments that the Commissioner of Social Security should consider to determine whether the individual is under a disability, regardless of whether such evidence is favorable or unfavorable to the individual's case, but shall not include any oral or written communication or other document exchanged between the individual and such individual's attorney representative that are subject to attorney-client privilege or work product doctrine, unless the individual voluntarily discloses such communication to the Commissioner. Neither the attorney-client privilege nor the work product doctrine shall prevent from disclosure medical evidence, medical source opinions, or any other factual matter that the Commissioner may consider in determining whether or not the individual is entitled to benefits. ``(iv) Any individual or representative who knowingly violates this subparagraph shall be guilty of making a false statement or representation of material fact, shall be subject to civil and criminal penalties under sections 208 and 1129, and, in the case of a representative, shall be suspended or disqualified from appearing before the Social Security Administration. ``(D) The Commissioner of Social Security shall not consider any evidence furnished by a physician or health care practitioner who is not licensed or has been sanctioned.''. (b) Health Care Providers Supplying Consultative Exams.-- (1) In general.--Beginning 1 year after the date of enactment of this Act, in determining whether an individual applying for disability insurance benefits under title II of the Social Security Act is disabled, the Commissioner of Social Security shall not consider medical evidence resulting from a consultative exam with a health care provider conducted for the purpose of supporting the individual's application unless the evidence is accompanied by a Medical Consultant Acknowledgment Form signed by the health care provider who conducted the exam. (2) Medical consultant acknowledgment form.-- (A) Definition.--As used in this subsection, the term ``Medical Consultant Acknowledgment Form'' means a form published by the Commissioner of Social Security that meets the requirements of subparagraph (B). (B) Requirements.--The Commissioner of Social Security shall develop the Medical Consultant Acknowledgment Form and make it available to the public not later than 6 months after the date of enactment of this Act. The contents of the Medical Consultant Acknowledgment Form shall include-- (i) information on how medical evidence is used in disability determinations; (ii) instructions on completing a residual functional capacity form; (iii) information on the legal and ethical obligations of a health care provider who supplies medical evidence for use in a disability determination, including any civil or criminal penalties that may be imposed on a health care provider who supplies medical evidence for use in a disability determination; and (iv) a statement that the signatory has read and understands the contents of the form. (3) Penalties for fraud.--In addition to any other penalties that may be prescribed by law, any individual who forges a signature on a Medical Consultant Acknowledgment Form submitted to the Commissioner of Social Security shall be guilty of making a false statement or representation of material fact, and upon conviction shall be subject to civil and criminal penalties under sections 208 and 1129 of the Social Security Act and, in the case of a representative, shall be suspended or disqualified from appearing before the Social Security Administration. (c) Effective Date.--The amendments made by subsection (a) shall apply with respect to applications for disability insurance benefits filed on or after the date of the enactment of this Act. SEC. 7. CHANGE IN INDEX USED TO CALCULATE SOCIAL SECURITY COST-OF- LIVING ADJUSTMENTS. (a) In General.--Section 215(i)(1) of the Social Security Act (42 U.S.C. 415(i)(1)) is amended-- (1) in subparagraph (G), by striking the period at the end and inserting ``; and''; and (2) by adding at the end the following new subparagraph: ``(H) the term `Consumer Price Index' means the Chained Consumer Price Index for All Urban Consumers (C-CPI-U, as published in its initial version by the Bureau of Labor Statistics of the Department of Labor).''. (b) Application to Pre-1979 Law.-- (1) In general.--Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended-- (A) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (B) by adding at the end the following new subparagraph: ``(D) the term `Consumer Price Index' means the Chained Consumer Price Index for All Urban Consumers (C-CPI-U, as published in its initial version by the Bureau of Labor Statistics of the Department of Labor).''. (2) Conforming change.--Section 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended by inserting ``and by section 231 of the Preserving and Reforming SSDI (PAR- SSDI) Act of 2016'' after ``1986''. (c) Effective Date.--The amendments made by this section shall apply with respect to adjustments effective with or after the first December that begins at least 3 years after the date of the enactment of this Act. SEC. 8. THIRD-PARTY INCOME VERIFICATION. (a) In General.--Section 223(i) of the Social Security Act (42 U.S.C. 423(i)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: ``(5)(A) In any case in which the Commissioner of Social Security initiates a review under this subsection of the case of an individual who has been determined to be under a disability, such review shall include an independent estimate by a qualified social security income verification contractor of such individual's monthly income at the time of such review. ``(B) Upon initiating a review of an individual under this subsection, the Commissioner of Social Security shall provide such individual's name, address, and social security account number to a qualified social security income verification contractor for purposes of obtaining the independent estimate described in subparagraph (A). ``(C)(i) Not later than 60 days after the date of the enactment of this paragraph, the Commissioner of Social Security shall enter into one or more qualified income verification contracts. ``(ii) For purposes of this paragraph, the term `qualified social security income verification contract' means any contract which is for the services of any person (other than an officer or employee of the Social Security Administration)-- ``(I) to provide an estimate (based on the best information available to such person) of the income of any individual specified by the Commissioner as described in subparagraph (A); ``(II) to provide such information regarding the basis for such estimate as the Commissioner may specify; and ``(III) that prohibits each person providing such services from contacting the individual, employers of the individual, members of the individual's family, and such other persons as the Commissioner may specify. ``(iii) For purposes of this section, the term `qualified social security income verification contractor' means the person providing services to the Secretary under a qualified social security income verification contract. ``(D)(i) Nothing in any provision of law shall be construed to prevent the Secretary from-- ``(I) entering into a qualified social security income verification contract, or ``(II) providing identifying information to a qualified social security income verification contractor as provided in this paragraph. ``(ii) The United States shall not be liable for any act or omission of any person performing services under a qualified social security income verification contract. ``(E) In any case in which an independent estimate conducted pursuant to this paragraph with respect to an individual entitled to disability insurance benefits demonstrates that such individual failed to accurately report any monthly income, the Commissioner of Social Security shall conduct an investigation of such individual to determine whether such individual's monthly income demonstrates the individual's ability to engage in substantial gainful activity.''.", "summary": "Preserving and Reforming SSDI (PAR-SSDI) Act of 2016 This bill amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSAct) to: direct the Social Security Administration (SSA), in determining whether an individual is under a disability, to make such a determination without regard to the individual's ability to communicate in English; prohibit the SSA, in determining whether an individual is under a disability for a month, from considering the individual's vocational background in computing the quarters of coverage requirement unless the individual had not less than 16 quarters of coverage during the 24-quarter period ending with the quarter in which such month occurs; and direct the SSA to prepare and implement a complete update of the vocational and educational factors considered in making disability determinations. The bill declares that for any week in whole or in part within a month that an individual is paid or determined to be eligible for unemployment compensation he or she shall be deemed to have engaged in substantial gainful activity and so be disqualified from receiving Social Security disability benefits after a certain period has elapsed. The bill also states that, for purposes of determining services rendered by an individual during a period of trial work which will not disqualify the individual for disability benefits, the individual shall be deemed to have rendered services in a month if he or she is entitled to unemployment compensation or trade adjustment assistance for that month. The bill revises prerequisites for the entitlement of certain individuals under age 65 to SSAct title XVIII (Medicare) part A hospital insurance benefits. The length of time such an individual must be entitled to disability insurance, child's insurance, or widow's insurance benefits, in order to qualify for entitlement to Medicare part A hospital benefits, shall increase from the current 24 months to 60 months. If the amount of an individual's unearned income for a month is equal to or greater than the monthly income limit for that month, the individual shall be deemed to have engaged in substantial gainful activity for the month for purposes of determining disability insurance benefit payments. The SSA must receive from an individual and/or the individual's representative, in its entirety and without redaction, all known relevant medical evidence related to a disability claim. Any medical evidence not submitted in its entirety or not furnished by a licensed practitioner shall be excluded in disability determinations. In determining whether a disability benefits applicant is disabled, the SSA shall not consider medical evidence resulting from a consultative exam with a health care provider unless the application is accompanied by a Medical Consultant Acknowledgment Form signed by the health care provider who conducted the exam. The bill changes the index used to calculate OASDI cost-of-living adjustments to the Chained Price Index for All Urban Consumers. In any case in which SSA initiates a review of disability benefits for an individual, the review shall include an independent estimate by a qualified Social Security income verification contractor of the individual's monthly income."}
{"article": ". Within 180 days after the date of enactment of this Act, the Surface Transportation Board shall promulgate regulations adopting a simplified dispute resolution mechanism with the following features: (1) In general.--The simplified dispute resolution mechanism will utilize expedited arbitration with a minimum of discovery and may be used to decide disputes between parties involving any matter subject to the jurisdiction of the Board, other than rate reasonableness cases that would be decided under constrained market pricing principles. (2) Applicable standards.--Arbitrators will apply existing legal standards. (3) Mandatory if requested.--Use of the simplified dispute resolution mechanism is required whenever at least one party to the dispute requests. (4) 90-day turnaround.--Arbitrators will issue their decisions within 90 days after being appointed. (5) Payment of costs.--Each party will pay its own costs, and the costs of the arbitration and other administrative costs of arbitration will be shared equally between and among the parties. (6) Decisions private; not precedential.--Except as otherwise provided by the Board, decisions will remain private and will not constitute binding precedent. (7) Decisions binding and enforceable.--Except as otherwise provided in paragraph (8), decisions will be binding and enforceable by the Board. (8) Right to appeal.--Any party will have an unqualified right to appeal any decision to the Board, in which case the Board will decide the matter de novo. In making its decision, the Board may consider the decision of the arbitrator and any evidence and other material developed during the arbitration. (9) Mutual modification.--Any procedure or regulation adopted by the Board with respect to the simplified dispute resolution may be modified or eliminated by mutual agreement of all parties to the dispute. SEC. 9. PROMOTION OF COMPETITIVE RAIL SERVICE OPTIONS. Section 11324 of title 49, United States Code, is amended-- (1) by striking ``and'' in paragraph (4) of subsection (b); (2) by striking ``system.'' in paragraph (5) of subsection (b) and inserting ``system; and''; (3) by adding at the end of subsection (b) the following: ``(6) means and methods to encourage and expand competition between and among rail carriers in the affected region or the national rail system.''; and (4) by inserting after the second sentence in subsection (c) the following: ``The Board may impose conditions to encourage and expand competition between and among rail carriers in the affected region or the national rail system, if such conditions do not cause substantial harm to the benefits of the transaction to the affected carriers or the public.''. SEC. 10. CLARIFICATION OF STB AUTHORITY TO GRANT TEMPORARY ACCESS RELIEF. (a) Section 10705 of title 49, United States Code, is amended by adding at the end thereof the following: ``(d) The Board may grant temporary relief under this section when the Board finds it necessary and appropriate to do so to remedy inadequate service. The authority provided in this section is in addition to the authority of the Board to provide temporary relief under sections 11102 and 11123 of this title.''. (b) Section 11102 of title 49, United States Code, is amended by adding at the end thereof the following: ``(e) The Board may grant temporary relief under subsections (a) and (c) when the Board finds it necessary and appropriate to do so to remedy inadequate service. The authority provided in this section is in addition to the authority of the Board to provide temporary relief under sections 10705 and 11123 of this title.''. (c) Section 11123 of title 49, United States Code, is amended by adding at the end thereof the following: ``(e) The authority provided in this section is in addition to the authority of the Board to provide temporary relief under sections 10705 and 11102 of this title.''. SEC. 11. HOUSEHOLD GOODS COLLECTIVE ACTIVITIES. Section 13703(d) of title 49, United States Code, is amended by inserting ``(other than an agreement affecting only the transportation of household goods, as defined on December 31, 1995)'' after ``agreement'' in the first sentence. SEC. 12. AUTHORIZATION LEVELS. There are authorized to be appropriated to the Surface Transportation Board $16,000,000 for fiscal year 1999, $17,000,000 for fiscal year 2000, $17,555,000 for fiscal year 2001, and $18,129,000 for fiscal year 2002. SEC. 13. CHAIRMAN DESIGNATED WITH SENATE CONFIRMATION. Section 701(c)(1) of title 49, United States Code, is amended by striking ``President'' and inserting ``President, by and with the advice and consent of the Senate,''.", "summary": "Surface Transportation Board Reauthorization and Improvement Act of 1999 - Amends Federal transportation law to declare that it is U.S. rail transportation policy to: (1) encourage and promote effective competition within the rail industry; and (2) discourage artificial barriers to interchange and car supply which can impede competition between shortline, regional, and Class I carriers and block effective rail service to shippers. (Sec. 3) Extends from 30 days to 60 days (including an additional 60 day extension, but no longer than 18 months unless the Board requests an extension from Congress) the period of time that the Surface Transportation Board may direct the handling, routing, and movement of rail carrier traffic during emergency situations involving congestion of traffic, unauthorized cessation of operations, or other failure of traffic movement. (Sec. 4) Directs the Board to: (1) review rules and procedures applicable to rate complaints and other complaints filed with it by small shippers; and (2) identify, and reduce or eliminate, any such rules or procedures that are unduly burdensome to them; and (3) notify specified congressional committees that such changes in the rules and procedures are appropriate. (Sec. 5) Prohibits the Board from considering evidence of product or geographic competition when making market dominance determinations in rail rate proceedings. (Sec. 6) Amends U.S. rail transportation policy to eliminate a requirement that the Board make a determination with respect to what are adequate revenues for rail carriers in the promotion of a safe and efficient rail transportation system. Requires the Board, in order to facilitate the process by which it gives due consideration to the policy that rail carriers shall earn adequate revenues, to convene a three-member panel of outside experts to make recommendations as to an appropriate methodology by which the adequacy of a carrier's revenues should be considered. (Sec. 7) Provides for situations in which a shipper and rail carrier enter into a contract for transportation that requires a through route with the connecting carrier and there is no reasonable alternative route that can be constructed without the connecting carrier' participation. Requires a connecting carrier in such a situation, upon request, to establish a through route and a contract rate (bottleneck rate) for such transportation unless the connecting carrier shows that: (1) the interchange requested is not operationally feasible; or (2) the through route would significantly impair the connecting carrier's ability to serve its other traffic. Requires contract rate complaints to be limited to the rate that applies to the portion of the through route not governed by the contract. (Sec. 8) Directs the Board to promulgate regulations adopting a simplified dispute resolution mechanism that will expedite (with a minimum of discovery) the arbitration of disputes before the Board (other than rate reasonableness cases that would be decided under constrained market pricing principles). (Sec. 9) Requires the Board, in proceedings which involve the merger or control of at least two Class I railroads, to consider, among other things, means and methods to encourage and expand competition between and among rail carriers in the affected region or the national rail system. Authorizes the Board to impose conditions to encourage and expand such competition, provided that they do not cause substantial harm to the benefits of the transaction to the affected carriers or the public. (Sec. 10) Authorizes the Board to grant temporary access relief to a rail carrier to through routes or terminal facilities in order to remedy inadequate rail service. (Sec. 11) Excludes agreements affecting only the transportation of household goods from the requirement that Board approval of route and rate agreements between motor carriers expire within three years of such approval unless renewed. (Sec. 12) Authorizes appropriations. (Sec. 13) Requires Senate confirmation with respect to the appointment of the Board Chairman."}
{"article": "SECTION 1. BATTERY RECHARGING STATIONS FOR PRIVATELY OWNED VEHICLES IN PARKING AREAS UNDER THE JURISDICTION OF THE HOUSE OF REPRESENTATIVES AT NO NET COST TO THE FEDERAL GOVERNMENT. (a) Definition.--In this Act, the term ``covered employee'' means-- (1) an employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives; or (2) any other individual who is authorized to park in any parking area under the jurisdiction of the House of Representatives on Capitol Grounds. (b) Authority.-- (1) In general.--Subject to paragraph (3), funds appropriated to the Architect of the Capitol under the heading ``Capitol Power Plant'' under the heading ``ARCHITECT OF THE CAPITOL'' in any fiscal year are available to construct, operate, and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the House of Representatives on Capitol Grounds for use by privately owned vehicles used by Members of the House of Representatives (including the Delegates or Resident Commissioner to the Congress) or covered employees. (2) Vendors authorized.--In carrying out paragraph (1), the Architect of the Capitol may use 1 or more vendors on a commission basis. (3) Approval of construction.--The Architect of the Capitol may construct or direct the construction of battery recharging stations described under paragraph (1) after-- (A) submission of written notice detailing the numbers and locations of the battery recharging stations to the Committee on House Administration of the House of Representatives; and (B) approval by that Committee. (c) Fees and Charges.-- (1) In general.--Subject to paragraph (2), the Architect of the Capitol shall charge fees or charges for electricity provided to Members and covered employees sufficient to cover the costs to the Architect of the Capitol to carry out this section, including costs to any vendors or other costs associated with maintaining the battery recharging stations. (2) Approval of fees or charges.--The Architect of the Capitol may establish and adjust fees or charges under paragraph (1) after-- (A) submission of written notice detailing the amount of the fee or charge to be established or adjusted to the Committee on House Administration of the House of Representatives; and (B) approval by that Committee. (d) Deposit and Availability of Fees, Charges, and Commissions.-- Any fees, charges, or commissions collected by the Architect of the Capitol under this section shall be-- (1) deposited in the Treasury to the credit of the appropriations account described under subsection (b); and (2) available for obligation without further appropriation during-- (A) the fiscal year collected; and (B) the fiscal year following the fiscal year collected. (e) Reports.-- (1) In general.--Not later than 30 days after the end of each fiscal year, the Architect of the Capitol shall submit a report on the financial administration and cost recovery of activities under this section with respect to that fiscal year to the Committee on House Administration of the House of Representatives. (2) Avoiding subsidy.-- (A) Determination.--Not later than 3 years after the date of enactment of this Act and every 3 years thereafter, the Architect of the Capitol shall submit a report to the Committee on House Administration of the House of Representatives determining whether Members (including any Delegate or Resident Commissioner to Congress) and covered employees using battery charging stations as authorized by this Act are receiving a subsidy from the taxpayers. (B) Modification of rates and fees.--If a determination is made under subparagraph (A) that a subsidy is being received, the Architect of the Capitol shall submit a plan to the Committee on House Administration of the House of Representatives on how to update the program to ensure no subsidy is being received. If the committee does not act on the plan within 60 days, the Architect of the Capitol shall take appropriate steps to increase rates or fees to ensure reimbursement for the cost of the program consistent with an appropriate schedule for amortization, to be charged to those using the charging stations. (f) Effective Date.--This Act shall apply with respect to fiscal year 2011 and each fiscal year thereafter. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Makes funds appropriated to the Architect of the Capitol (AOC) for the Capitol power plant in any fiscal year available to construct, operate, and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the House of Representatives on Capitol grounds for use by privately owned vehicles used by: (1) Members of the House, or (2) employees whose pay is disbursed by the Chief Administrative Officer of the House or any other individuals authorized to park in any parking area under House jurisdiction on Capitol grounds (covered employees). Requires the Architect to charge Members and covered employees fees for the electricity sufficient to cover costs, including those to any vendors or other costs associated with maintaining the battery recharging stations. Requires the AOC to report triennially to the Committee on House Administration on whether or not individuals using the battery charging stations receive a subsidy from the taxpayers, and, if so, to submit a plan to the Committee to update the program to ensure that no subsidy is being received. Requires the AOC, if the Committee fails to act on the plan within 60 days, to take appropriate steps to increase rates or fees to ensure reimbursement for the cost of the program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Traumatic Brain Injury Act of 2008''. SEC. 2. CONFORMING AMENDMENTS RELATING TO RESTRUCTURING. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended-- (1) by redesignating the section 393B (42 U.S.C. 280b-1c) relating to the use of allotments for rape prevention education, as section 393A and moving such section so that it follows section 393; (2) by redesignating existing section 393A (42 U.S.C. 280b- 1b) relating to prevention of traumatic brain injury, as section 393B; and (3) by redesignating the section 393B (42 U.S.C. 280b-1d) relating to traumatic brain injury registries, as section 393C. SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Prevention of Traumatic Brain Injury.--Clause (ii) of section 393B(b)(3)(A) of the Public Health Service Act, as so redesignated, (42 U.S.C. 280b-1b) is amended by striking ``from hospitals and trauma centers'' and inserting ``from hospitals and emergency departments''. (b) National Program for Traumatic Brain Injury Surveillance and Registries.--Section 393C of the Public Health Service Act, as so redesignated, (42 U.S.C. 280b et seq.) is amended-- (1) in the section heading, by inserting ``surveillance and'' after ``national program for traumatic brain injury''; and (2) in subsection (a), in the matter preceding paragraph (1), by striking ``may make grants'' and all that follows through ``to collect data concerning--'' and inserting ``may make grants to States or their designees to develop or operate the State's traumatic brain injury surveillance system or registry to determine the incidence and prevalence of traumatic brain injury and related disability, to ensure the uniformity of reporting under such system or registry, to link individuals with traumatic brain injury to services and supports, and to link such individuals with academic institutions to conduct applied research that will support the development of such surveillance systems and registries as may be necessary. A surveillance system or registry under this section shall provide for the collection of data concerning--''. (c) Report.--Section 393C of the Public Health Service Act (as so redesignated) is amended by adding at the end the following: ``(b) Not later than 18 months after the date of enactment of the Traumatic Brain Injury Act of 2008, the Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health and in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, shall submit to the relevant committees of Congress a report that contains the findings derived from an evaluation concerning activities and procedures that can be implemented by the Centers for Disease Control and Prevention to improve the collection and dissemination of compatible epidemiological studies on the incidence and prevalence of traumatic brain injury in those with traumatic brain injury who were formerly in the military. The report shall include recommendations on the manner in which such agencies can further collaborate on the development and improvement of traumatic brain injury diagnostic tools and treatments.''. SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393C, as so redesignated, the following: ``SEC. 393C-1. STUDY ON TRAUMATIC BRAIN INJURY. ``(a) Study.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention with respect to paragraph (1) and in consultation with the Director of the National Institutes of Health and other appropriate entities with respect to paragraphs (2), (3), and (4), may conduct a study with respect to traumatic brain injury for the purpose of carrying out the following: ``(1) In collaboration with appropriate State and local health-related agencies-- ``(A) determining the incidence of traumatic brain injury and prevalence of traumatic brain injury related disability and the clinical aspects of the disability in all age groups and racial and ethnic minority groups in the general population of the United States, including institutional settings, such as nursing homes, correctional facilities, psychiatric hospitals, child care facilities, and residential institutes for people with developmental disabilities; and ``(B) reporting national trends in traumatic brain injury. ``(2) Identifying common therapeutic interventions which are used for the rehabilitation of individuals with such injuries, and, subject to the availability of information, including an analysis of-- ``(A) the effectiveness of each such intervention in improving the functioning, including return to work or school and community participation, of individuals with brain injuries; ``(B) the comparative effectiveness of interventions employed in the course of rehabilitation of individuals with brain injuries to achieve the same or similar clinical outcome; and ``(C) the adequacy of existing measures of outcomes and knowledge of factors influencing differential outcomes. ``(3) Identifying interventions and therapies that can prevent or remediate the development of secondary neurologic conditions related to traumatic brain injury. ``(4) Developing practice guidelines for the rehabilitation of traumatic brain injury at such time as appropriate scientific research becomes available. ``(b) Dates Certain for Reports.--If the study is conducted under subsection (a), the Secretary shall, not later than 3 years after the date of the enactment of the Traumatic Brain Injury Act of 2008, submit to Congress a report describing findings made as a result of carrying out such subsection (a). ``(c) Definition.--For purposes of this section, the term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to trauma including near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary.''. SEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH. Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) is amended-- (1) in subsection (b)(2), by striking ``Labor and Human Resources'' and inserting ``Health, Education, Labor, and Pensions''; (2) in subparagraph (D) of subsection (d)(4), by striking ``head brain injury'' and inserting ``brain injury''; and (3) in subsection (i), by inserting ``, and such sums as may be necessary for each of the fiscal years 2009 through 2012'' before the period at the end. SEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS OF THE HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) State Grants for Demonstration Projects Regarding Traumatic Brain Injury.--Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is amended-- (1) in subsection (a)-- (A) by striking ``may make grants to States'' and inserting ``may make grants to States and American Indian consortia''; and (B) by striking ``health and other services'' and inserting ``rehabilitation and other services''; (2) in subsection (b)-- (A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and (3)(A)(iv), by striking the term ``State'' each place such term appears and inserting the term ``State or American Indian consortium''; and (B) in paragraph (2), by striking ``recommendations to the State'' and inserting ``recommendations to the State or American Indian consortium''; (3) in subsection (c)(1), by striking the term ``State'' each place such term appears and inserting ``State or American Indian consortium''; (4) in subsection (e), by striking ``A State that received'' and all that follows through the period and inserting ``A State or American Indian consortium that received a grant under this section prior to the date of the enactment of the Traumatic Brain Injury Act of 2008 may complete the activities funded by the grant.''; (5) in subsection (f)-- (A) in the subsection heading, by inserting ``and American Indian Consortium'' after ``State''; (B) in paragraph (1) in the matter preceding subparagraph (A), paragraph (1)(E), paragraph (2)(A), paragraph (2)(B), paragraph (3) in the matter preceding subparagraph (A), paragraph (3)(E), and paragraph (3)(F), by striking the term ``State'' each place such term appears and inserting ``State or American Indian consortium''; and (C) in clause (ii) of paragraph (1)(A), by striking ``children and other individuals'' and inserting ``children, youth, and adults''; (6) in subsection (h)-- (A) by striking ``Not later than 2 years after the date of the enactment of this section, the Secretary'' and inserting ``Not less than biennially, the Secretary''; (B) by striking ``Commerce of the House of Representatives, and to the Committee on Labor and Human Resources'' and inserting ``Energy and Commerce of the House of Representatives, and to the Committee on Health, Education, Labor, and Pensions''; and (C) by inserting ``and section 1253'' after ``programs established under this section,''; (7) by amending subsection (i) to read as follows: ``(i) Definitions.--For purposes of this section: ``(1) The terms `American Indian consortium' and `State' have the meanings given to those terms in section 1253. ``(2) The term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to trauma. The Secretary may revise the definition of such term as the Secretary determines necessary, after consultation with States and other appropriate public or nonprofit private entities.''; and (8) in subsection (j), by inserting ``, and such sums as may be necessary for each of the fiscal years 2009 through 2012'' before the period. (b) State Grants for Protection and Advocacy Services.--Section 1253 of the Public Health Service Act (42 U.S.C. 300d-53) is amended-- (1) in subsections (d) and (e), by striking the term ``subsection (i)'' each place such term appears and inserting ``subsection (l)''; (2) in subsection (g), by inserting ``each fiscal year not later than October 1,'' before ``the Administrator shall pay''; (3) by redesignating subsections (i) and (j) as subsections (l) and (m), respectively; (4) by inserting after subsection (h) the following: ``(i) Data Collection.--The Administrator of the Health Resources and Services Administration and the Commissioner of the Administration on Developmental Disabilities shall enter into an agreement to coordinate the collection of data by the Administrator and the Commissioner regarding protection and advocacy services. ``(j) Training and Technical Assistance.-- ``(1) Grants.--For any fiscal year for which the amount appropriated to carry out this section is $6,000,000 or greater, the Administrator shall use 2 percent of such amount to make a grant to an eligible national association for providing for training and technical assistance to protection and advocacy systems. ``(2) Definition.--In this subsection, the term `eligible national association' means a national association with demonstrated experience in providing training and technical assistance to protection and advocacy systems. ``(k) System Authority.--In providing services under this section, a protection and advocacy system shall have the same authorities, including access to records, as such system would have for purposes of providing services under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.''; and (5) in subsection (l) (as redesignated by this subsection) by striking ``2002 through 2005'' and inserting ``2009 through 2012''.", "summary": "Traumatic Brain Injury Act of 2008 - (Sec. 3) Amends the Public Health Service Act to revise the national program for traumatic brain injury registries to make grants for state traumatic brain injury surveillance systems or registries (currently, only for registries) to: (1) determine the incidence and prevalence of traumatic brain injury and related disability; (2) ensure the uniformity of reporting under each such system or registry; (3) link individuals with traumatic brain injury to services and supports; and (4) link such individuals with academic institutions to conduct applied research. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC) and the Director of the National Institutes of Health (NIH), to report to the relevant congressional committees on activities and procedures that can be implemented by the CDC to improve the collection and dissemination of compatible epidemiological studies on the incidence and prevalence of traumatic brain injury in those who were formerly in the military. (Sec. 4) Authorizes the Secretary, acting through the Director of CDC, to conduct a study to: (1) determine the incidence of traumatic brain injury and prevalence of traumatic brain injury related disability; (2) report national trends in traumatic brain injury; (3) identify common therapeutic interventions which are used for the rehabilitation of individuals with such injuries; (4) identify interventions and therapies that can prevent or remediate the development of secondary neurologic conditions related to traumatic brain injury; and (5) develop practice guidelines for such rehabilitation. (Sec. 5) Authorizes appropriations for FY2009-FY2012 for NIH's trauma research program. (Sec. 6) Allows the Secretary, acting through the Administrator of the Health Resources Services Administration (HRSA), to make grants to states and American Indian consortia (currently, only to states) to improve access to rehabilitation and other services (currently, to health and other services) regarding traumatic brain injury. Authorizes appropriations for such grants for FY2009-FY2012. Requires the Administrator and the Commissioner of the Administration on Developmental Disabilities to coordinate the collection of data regarding protection and advocacy services. Directs the Administrator to make a grant for training and technical assistance to protection and advocacy systems, if funds permit. Authorizes appropriations for FY2009-FY2012."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternatives to Opioids (ALTO) in the Emergency Department Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Opioids contributed to the deaths of more than 42,000 people in 2016, more than any year on official record. Forty percent of all opioid overdose deaths involve a prescription opioid. (2) The economic burden of prescription opioid misuse in the United States is estimated to be $78,500,000,000 per year. This includes costs stemming from health care, including addiction treatment, lost productivity, and criminal justice involvement. (3) Over 200 million opioid prescriptions are written in the United States each year, and 2,000,000 Americans have the symptoms of substance use disorder. (4) Approximately 21 to 29 percent of patients prescribed opioids for chronic pain misuse them. (5) Emergency departments in several States, including in New Jersey and Colorado, have developed innovative programs to more widely utilize non-opioid pain treatments to reduce the use of opioids. SEC. 3. EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS DEMONSTRATION PROGRAM. (a) Demonstration Program Grants.--The Secretary of Health and Human Services acting through the Assistant Secretary for Mental Health and Substance Use (in this section referred to as the ``Secretary'') shall carry out a 3-year demonstration program under which the Secretary shall award grants to eligible hospitals and emergency departments, including freestanding emergency departments, to develop, implement, enhance, or study alternative pain management protocols and treatments that promote the appropriate limited use of opioids in emergency departments. (b) Eligibility.--To be eligible to receive a grant under subsection (a), a hospital or emergency department shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Geographic Diversity.--In awarding grants under this section, the Secretary shall seek to ensure geographical diversity among grant recipients. (d) Use of Funds.--In addition to the activities described in subsection (a), grants under this section shall be used to-- (1) target common painful conditions, which may include renal colic, sciatica, headaches, musculoskeletal pain, and extremity fractures; (2) train providers and other hospital personnel on protocols and use of treatments that promote the appropriate limited use of opioids in the emergency department; (3) collect data, including data required for the reporting requirement established under subsection (f); and (4) provide alternatives to opioids to patients with painful conditions, not including patients who present with pain related to cancer, end-of-life symptom palliation, or complex multisystem trauma. (e) Duties of the Secretary.--The Secretary shall offer to each recipient of a grant under subsection (a) technical support through a process that provides for-- (1) the provision of information by the Secretary on alternative pain management protocols and treatments, which may include-- (A) non-opioid medications; (B) protocols and treatments that do not involve a medication; (C) alternative pain management protocols and treatments that are appropriate to use for specific common painful conditions, such as renal colic, back pain, pain from fractures, and other common painful conditions that present to the emergency department; (D) the alternative pain management protocol or treatments, if any, that are appropriate for certain patient populations, such as geriatric patients, pregnant patients, and pediatric patients; and (E) any other information the Secretary determines necessary; and (2) the provision of information by emergency departments and providers that have successfully implemented alternatives to opioids programs in the emergency department, promoting non- opioid protocols and medications while appropriately limiting the use of opioids. (f) Report to the Secretary.--Each recipient of a grant under this section shall submit to the Secretary annual evaluations of the progress of the program funded through the grant. These evaluations shall include-- (1) a description of and specific information about the alternative pain management protocols and treatments employed; (2) data on the alternative pain management protocols and treatments employed, including-- (A) during a baseline period before the program began, as defined by the Secretary; (B) at various stages of the program, as determined by the Secretary; (C) the conditions for which the alternative pain management protocols and treatments were employed; and (D) data on patients' self-reported pain rating, using a pain scale model provided by the Secretary, before and after the alternative pain management protocol or treatment was provided; (3) data on the opioid prescriptions written, including-- (A) during a baseline period before the program began, as defined by the Secretary; (B) at various stages of the program, as determined by the Secretary; (C) the conditions for which the opioids were prescribed; and (D) data on patients' self-reported pain rating, using a pain scale model provided by the Secretary, before and after the opioid prescription was provided; (4) the demographic characteristics of patients who were treated with an alternative pain management protocol, including age, sex, race, ethnicity, and insurance status and type; (5) data on patients who were eventually prescribed opioids after alternative pain management protocols and treatments were employed; (6) data on patients who were transitioned to inpatient care following treatment with an alternative pain management protocol and treatment; and (7) any other information the Secretary deems necessary. (g) Report to Congress.--Not later than 120 days after completion of the demonstration program under this section, the Secretary shall submit a report to the Congress on the results of the demonstration program and include in the report-- (1) the number of applications received and the number funded; (2) a summary of the evaluations described in subsection (f), including standardized data; and (3) recommendations for broader implementation of pain management protocols that limit the use of opioids in emergency departments or other areas of the health care delivery system. (h) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2019 through 2021.", "summary": "Alternatives to Opioids (ALTO) in the Emergency Department Act This bill requires the Department of Health and Human Services to carry out a three-year demonstration program awarding grants to hospitals and emergency departments to develop, implement, enhance, or study alternative pain management protocols and treatments that promote limited use of opioids in emergency departments."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Business Development Improvements Act of 2009''. SEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM. The Director of the Minority Business Development Agency shall establish the Minority Business Development Program (hereinafter in this Act referred to as the ``Program'') to assist qualified minority businesses. The Program shall provide to such businesses the following: (1) Technical assistance. (2) Loan guarantees. (3) Contract procurement assistance. SEC. 3. QUALIFIED MINORITY BUSINESS. (a) Certification.--For purposes of the Program, the Director may certify as a qualified minority business any entity that satisfies each of the following: (1) Not less than 51 percent of the entity is directly and unconditionally owned or controlled by historically disadvantaged individuals. (2) Each officer or other individual who exercises control over the regular operations of the entity is a historically disadvantaged individual. (3) The net worth of each principal of the entity is not greater than $2,000,000. (The equity of a disadvantaged owner in a primary personal residence shall be considered in this calculation.) (4) The principal place of business of the entity is in the United States. (5) Each principal of the entity maintains good character in the determination of the Director. (6) The entity engages in competitive and bona fide commercial business operations in not less than one sector of industry that has a North American Industry Classification System code. (7) The entity submits reports to the Director at such time, in such form, and containing such information as the Director may require. (8) Any additional requirements that the Director determines appropriate. (b) Term of Certification.--A certification under this section shall be for a term of 5 years and may not be renewed. SEC. 4. TECHNICAL ASSISTANCE. (a) In General.--In carrying out the Program, the Director may provide to qualified minority businesses technical assistance with regard to the following: (1) Writing business plans. (2) Marketing. (3) Management. (4) Securing sufficient financing for business operations. (b) Contract Authority.--The Director may enter into agreements with persons to provide technical assistance under this section. (c) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to the Director to carry out this section. Such sums shall remain available until expended. SEC. 5. LOAN GUARANTEES. (a) In General.--Subject to subsection (b), the Director may guarantee up to 90 percent of the amount of a loan made to a qualified minority business to be used for business purposes, including the following: (1) Purchasing essential equipment. (2) Payroll expenses. (3) Purchasing facilities. (4) Renovating facilities. (b) Terms and Conditions.-- (1) In general.--The Director may make guarantees under this section for projects on such terms and conditions as the Director determines appropriate, after consultation with the Secretary of the Treasury, in accordance with this section. (2) Repayment.--No guarantee shall be made under this section unless the Director determines that there is reasonable prospect of repayment of the principal and interest on the obligation by the borrower. (3) Defaults.-- (A) Payment by director.-- (i) In general.--If a borrower defaults on the obligation (as defined in regulations promulgated by the Director and specified in the guarantee contract), the holder of the guarantee shall have the right to demand payment of the unpaid amount from the Director. (ii) Payment required.--Within such period as may be specified in the guarantee or related agreements, the Director shall pay to the holder of the guarantee the unpaid interest on, and unpaid principal of the obligation as to which the borrower has defaulted, unless the Director finds that there was no default by the borrower in the payment of interest or principal or that the default has been remedied. (iii) Forbearance.--Nothing in this paragraph precludes any forbearance by the holder of the obligation for the benefit of the borrower which may be agreed upon by the parties to the obligation and approved by the Director. (B) Subrogation.-- (i) In general.--If the Director makes a payment under subparagraph (A), the Director shall be subrogated to the rights of the recipient of the payment as specified in the guarantee or related agreements including, where appropriate, the authority (notwithstanding any other provision of law) to-- (I) complete, maintain, operate, lease, or otherwise dispose of any property acquired pursuant to such guarantee or related agreements; or (II) permit the borrower, pursuant to an agreement with the Director, to continue to pursue the purposes of the project if the Director determines this to be in the public interest. (ii) Superiority of rights.--The rights of the Director, with respect to any property acquired pursuant to a guarantee or related agreements, shall be superior to the rights of any other person with respect to the property. (iii) Terms and conditions.--A guarantee agreement shall include such detailed terms and conditions as the Director determines appropriate to-- (I) protect the interests of the United States in the case of default; and (II) have available all the patents and technology necessary for any person selected, including the Director, to complete and operate the project. (C) Payment of principal and interest by director.--With respect to any obligation guaranteed under this section, the Director may enter into a contract to pay, and pay, holders of the obligation, for and on behalf of the borrower, from funds appropriated for that purpose, the principal and interest payments which become due and payable on the unpaid balance of the obligation if the Director finds that-- (i)(I) the borrower is unable to meet the payments and is not in default; (II) it is in the public interest to permit the borrower to continue to pursue the purposes of the project; and (III) the probable net benefit to the Federal Government in paying the principal and interest will be greater than that which would result in the event of a default; (ii) the amount of the payment that the Director is authorized to pay shall be no greater than the amount of principal and interest that the borrower is obligated to pay under the agreement being guaranteed; and (iii) the borrower agrees to reimburse the Director for the payment (including interest) on terms and conditions that are satisfactory to the Director. (D) Action by attorney general.-- (i) Notification.--If the borrower defaults on an obligation, the Director shall notify the Attorney General of the default. (ii) Recovery.--On notification, the Attorney General shall take such action as is appropriate to recover the unpaid principal and interest due from-- (I) such assets of the defaulting borrower as are associated with the obligation; or (II) any other security pledged to secure the obligation. (4) Fees.-- (A) In general.--The Director shall charge and collect fees for guarantees in amounts the Director determines are sufficient to cover applicable administrative expenses, not to exceed 1 percent of the amount guaranteed. (B) Availability.--Fees collected under this paragraph shall-- (i) be deposited by the Director into the Treasury; and (ii) remain available until expended, subject to such other conditions as are contained in annual appropriations Acts. (c) Credit Requirements.--To receive a loan guaranteed under this section a qualified minority business shall-- (1) be in good standing with regard to the credit of that business in the determination of the Director; (2) have received technical assistance under section 4; and (3) submit reports, at such time, in such form, and containing such information as the Director may require regarding the credit of the business. (d) Limits on Guarantee Amounts.-- (1) Maximum amount of guarantee.--The Director may guarantee not more than $450,000 of any loan under this section. (2) Maximum gross loan amount.--A loan guaranteed under this section may not be for a gross loan amount in excess of $500,000. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Director not more than $500,000,000 to carry out this section during fiscal years 2011 through 2016. SEC. 6. SET-ASIDE CONTRACTING OPPORTUNITIES. (a) In General.--The Director may enter into agreements with the United States Government and any department, agency, or officer thereof having procurement powers for purposes of providing for the fulfillment of procurement contracts and providing opportunities for qualified minority businesses with regard to such contracts. (b) Qualifications on Participation.--The Director shall by rule establish requirements for participation under this section by a qualified minority business in a contract. (c) Annual Limit on Number of Contracts Per Qualified Minority Business.--A qualified minority business may not participate under this section in contracts in an amount that exceeds $10,000,000 for goods and services each fiscal year. (d) Limits on Contract Amounts.-- (1) Goods and services.--Except as provided in paragraph (2), a contract for goods and services under this section may not exceed $6,000,000. (2) Manufacturing and construction.--A contract for manufacturing and construction services under this section may not exceed $10,000,000. SEC. 7. TERMINATION FROM THE PROGRAM. The Director may terminate a qualified minority business from the Program for any violation of a requirement of sections 3 through 6 of this Act by that qualified minority business, including the following: (1) Conduct by a principal of the qualified minority business that indicates a lack of business integrity. (2) Willful failure to comply with applicable labor standards and obligations. (3) Consistent failure to tender adequate performance with regard to contracts under the Program. (4) Failure to obtain and maintain relevant certifications. (5) Failure to pay outstanding obligations owed to the Federal Government. SEC. 8. REPORTS. (a) Report of the Director.--Not later than October 1, 2011, and annually thereafter, the Director shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities of the Director during the preceding year with respect to the Program. (b) Report of the Secretary of Commerce.--Not later than October 1, 2011, and annually thereafter, the Secretary of Commerce shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities the Secretary engaged in during the preceding year to build wealth among historically disadvantaged individuals. SEC. 9. DEFINITIONS. In this Act: (1) The term ``historically disadvantaged individual'' means any individual who is a member of a group that is designated as eligible to receive assistance under section 1400.1 of title 15 of the Code of Federal Regulations, as in effect on January 1, 2009. (2) The term ``principal'' means any person that the Director determines to exercise significant control over the regular operations of a business entity.", "summary": "Minority Business Development Improvements Act of 2009 - Requires the Director of the Minority Business Development Agency to establish the Minority Business Development Program to provide qualified minority businesses with technical assistance, loan guarantees, and contract procurement assistance. Outlines minority business qualification requirements for the Program, including that: (1) not less than 51% of the entity be directly and unconditionally owned by historically disadvantaged individuals; and (2) each officer or other individual exercising control over regular operations is a historically disadvantaged individual. Outlines specific types of technical assistance and loan guarantees authorized under the Program. Provides loan guarantee limits. Authorizes the Director to enter into agreements for the fulfillment of federal procurement contracts by, and contracting opportunities for, qualified minority businesses. Provides contract limits. Allows the Director to terminate a qualified minority business from the Program under specified circumstances."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Social Security Retirement Account Act of 1993''. SEC. 2. REDUCTION OF SOCIAL SECURITY TAXES. (a) Tax on Employees.--Subsection (a) of section 3101 of the Internal Revenue Code of 1986 (relating to OASDI tax on employees) is amended by striking the table and inserting the following: ``In cases of wages The rate received during: shall be: 1993 or 1994......................... 6.2 percent 1995 or thereafter................... 5.2 percent.'' (b) Tax on Employers.--Subsection (a) of section 3111 of such Code (relating to OASDI tax on employers) is amended by striking the table and inserting the following: ``In cases of wages The rate paid during: shall be: 1993 or 1994......................... 6.2 percent 1995 or thereafter................... 5.2 percent.'' (c) Tax on Self-Employed.--Subsection (a) of section 1401 of such Code of (relating to OASDI tax on self-employment income) is amended by striking the table and inserting the following: ``In the case of a taxable year: Beginning after: And before: Percent: December 31, 1992...... January 1, 1995........ 12.4\u001a\u001a December 31, 1994...... ....................... 10.4.'' (d) Effective Date.--The amendments made by this section shall apply with respect to remuneration paid after December 31, 1994, and with respect to earnings from self-employment attributable to taxable years beginning after such date. SEC. 3. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS FUNDED BY SOCIAL SECURITY PAYROLL DEDUCTION PLANS. (a) In General.--Title II of the Social Security Act is amended-- (1) by inserting before section 201 the following: ``Part A--Insurance Benefits''; and (2) by adding at the end the following new part: ``Part B--Individual Retirement Program ``social security payroll deduction plans ``Sec. 251. (a) In General.--Each person who is a covered employer for any calendar year shall have in effect throughout such calendar year a social security payroll deduction plan for such person's eligible employees. ``(b) Requirements.--For purposes of this part, the term `social security payroll deduction plan' means a written plan of a covered employer if-- ``(1) under such plan, the prescribed social security employee contribution is deducted from each eligible employee's wages and paid to an individual social security retirement account of such employee designated in accordance with section 252, ``(2) under such plan, the covered employer pays the amount so deducted to the designated individual social security retirement account within 10 business days after the payment of the wages from which the amount was deducted, ``(3) under such plan, the covered employer pays to the individual social security retirement account, together with the contribution paid pursuant to paragraph (2), the prescribed social security employer contribution with respect to the eligible employee, and ``(4) the employer receives no compensation for the cost of administering such plan. ``(c) Amount Deducted May Be Accumulated by Employer in Certain Cases.--If, under the terms of an individual social security retirement account selected under section 252, contributions below a specified amount will not be accepted, the requirements of subsection (b)(2) shall be treated as met if amounts deducted from the wages of an eligible employee are accumulated by the covered employer and paid to such plan not later than 10 business days after the first day on which the accumulated amount exceeds such specified amount. ``designation of individual social security retirement accounts ``Sec. 252. (a) In General.--Except as provided in subsection (b), the individual social security retirement account to which contributions with respect to any eligible employee are required to be paid under section 251 shall be such an account designated by such employee to such employer not later than 10 business days after the date on which such employee becomes an eligible employee of such employer. Any such designation shall be made in such form and manner as may be prescribed in regulations of the Secretary. ``(b) Designation in Absence of Timely Designation by Employee.--In any case in which no timely designation of the individual social security retirement account is made, the covered employer shall designate such account in accordance with regulations of the Secretary. ``(c) Subsequent Designation of Other Accounts.--The Secretary shall provide by regulation for subsequent designation of other individual social security retirement accounts of an eligible employee in lieu of or in addition to accounts previously designated under this section. ``self-employed individuals ``Sec. 253. (a) In General.--Not later than 30 days after the close of any taxable year for which there is imposed a tax under section 1401(a) of the Internal Revenue Code of 1986 on the self-employment income of an individual, such individual shall pay to an individual social security retirement account designated by such individual the prescribed social security self-employment contribution with respect to such individual for such taxable year. ``(b) Designation of Account.--The designation of an individual social security retirement account for payment of prescribed social security self-employment contributions shall be made in such form and manner as may be prescribed in regulations of the Secretary. ``definitions ``Sec. 254. For purposes of this part-- ``(1) Individual social security retirement account.--The term `individual social security retirement account' means any individual retirement account (as defined in section 408(a) of the Internal Revenue Code of 1986) which is administered or issued by a bank (as defined in section 408(n) of such Code) and which meets the requirements of section 408A of such Code. ``(2) Covered employer.--The term `covered employer' means, for any calendar year, any person on whom an excise tax is imposed under section 3111 of the Internal Revenue Code of 1986 with respect to having an individual in his employ to whom wages were paid by such person during such calendar year. ``(3) Eligible employee.--The term `eligible employee' means, in connection with any person who is a covered employer for any calendar year, any individual with respect to whose employment by such employer during such calendar year there is imposed an excise tax under section 3111 of the Internal Revenue Code of 1986. ``(4) Prescribed social security employee contribution.-- The term `prescribed social security employee contribution' means, with respect to any eligible employee of a covered employer, an amount equal to 1 percent of the wages received by such employee with respect to employment by such employer. ``(5) Prescribed social security employer contribution.-- The term `prescribed social security employer contribution' means, with respect to a covered employer of any eligible employee, 1 percent of the wages paid by such employer to such employee with respect to employment of such employee. ``(6) Prescribed social security self- employment contribution.--The term `prescribed social security self- employment contribution' means, with respect to the self- employment income of an individual for any taxable year, 2 percent of the amount of such self-employment income for such taxable year. ``(7) Business day.--The term `business day' means any day other than a Saturday, Sunday, or legal holiday in the area involved. ``penalties ``Sec. 255. (a) Failure To Establish Social Security Payroll Deduction Plan.--Any covered employer who fails to meet the requirements of section 251 for any calendar year shall be subject to a civil penalty of not to exceed the greater of-- ``(1) $50,000, or ``(2) $1,000 for each eligible employee of such employer as of the beginning of such calendar year. ``(b) Failure To Make Deductions Required Under Plan.--Any covered employer who fails to timely deduct in full the amount from the wages of an eligible employee required under an applicable social security payroll deduction plan shall be subject to a civil penalty of not to exceed $50 for each such failure. ``(c) Failure To Pay Deducted Wages to Individual Social Security Retirement Account.--If an amount deducted from the wages of an eligible employee under a social security payroll deduction plan is not timely paid in full to the designated individual social security retirement account in accordance with section 251-- ``(1) the covered employer failing to make such payment shall be subject to a civil penalty of not to exceed 20 percent of the unpaid amount, and ``(2) shall be liable to the eligible employee for interest on the unpaid amount at a rate equal to 133 percent of the Federal short-term rate under section 1274(d)(1) of the Internal Revenue Code of 1986, calculated from the last day by which such amount was required to be so paid to the date on which such amount is paid into the designated individual social security retirement account. ``(d) Failure To Pay Prescribed Social Security Self-Employment Contributions to Individual Social Security Retirement Account.--Any individual failing to timely pay in full a prescribed social security self-employment contribution to a designated individual social security retirement account as required under section 253 shall be subject to a civil penalty of not to exceed 20 percent of the unpaid amount, plus interest on the unpaid amount at a rate equal to 133 percent of the Federal short-term rate under section 1274(d)(1) of the Internal Revenue Code of 1986, calculated from the last day by which such amount was required to be so paid to the date on which such amount is paid into the designated individual social security retirement account. ``(e) Rules for Application of Section.-- ``(1) Penalties assessed by secretary.--Any civil penalty assessed by this section shall be imposed by the Secretary and collected in a civil action. ``(2) Compromises.--The Secretary may compromise the amount of any civil penalty imposed by this section. ``(3) Authority to waive penalty in certain cases.--The Secretary may waive the application of this section with respect to any failure if the Secretary determines that such failure is due to reasonable cause and not to intentional disregard of rules and regulations.''. (b) Amounts Deducted To Be Shown on W-2 Statements.--Subsection (a) of section 6051 of the Internal Revenue Code of 1986 (relating to receipts for employees) is amended-- (1) by striking ``and'' at the end of paragraph (8), (2) by striking the period at the end of paragraph (9) and inserting ``, and'', and (3) by inserting after paragraph (9) the following new paragraph: ``(10) the total amount deducted from the employee's wages under a social security payroll deduction plan established under part B of title II of the Social Security Act.'' (c) Exemption From ERISA Requirements.--Subsection (b) of section 4 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1003(b)) is amended-- (1) by striking ``or'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(6) such plan is a social security payroll deduction plan established under part B of title II of the Social Security Act.''. (d) Effective Date.-- (1) In general.--The amendments made by subsection (a) shall apply with respect to wages paid in calendar years beginning on or after January 1, 1995. (2) Transitional rule.--Notwithstanding section 252(a) of the Social Security Act (as added by this Act), the initial designations of individual social security retirement accounts with respect to eligible employees employed by covered employers as of January 1, 1995, pursuant to such section may be made at any time not later than January 15, 1995. SEC. 4. TAX TREATMENT OF INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS. (a) In General.--Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit- sharing, stock bonus plans, etc.) is amended by inserting after section 408 the following new section: ``SEC. 408A. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS. ``(a) General Rule.--Except as provided in this section, an individual social security retirement account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(b) Individual Social Security Retirement Account.--For purposes of this section, the term `individual social security retirement account' means an account established and administered in accordance with part B of title II of the Social Security Act (relating to individual retirement program). ``(c) Contribution Rules.-- ``(1) No deduction allowed.--No deduction shall be allowed under section 219 for a contribution to an individual social security retirement account. ``(2) Contribution limit.--No amount, other than a prescribed contribution under part B of title II of the Social Security Act, may be accepted as a contribution to an individual social security retirement account. ``(d) Treatment of Rollovers.--Section 408(d)(3)(A)(i) shall apply to any amount distributed from an individual social security retirement account only to the extent such amount is paid into another such account for the benefit of the individual for whom the account from which such amount is transferred was maintained.'' (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 408 the following new item: ``Sec. 408A. Individual social security retirement accounts.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994.", "summary": "Individual Social Security Retirement Account Act of 1993 - Amends the Internal Revenue Code to reduce the social security taxes on employees, employers, and the self-employed for 1995 and thereafter. Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to require employers to have in effect a social security payroll deduction plan for employees. Requires such plan to provide for employers to deduct the prescribed social security employee contribution for transfer, together with the prescribed social security employer contribution, to an individual social security retirement account of the employee. Provides for self-employed individuals to pay into such accounts the prescribed social security self-employment contribution. Sets forth penalties for failure to establish and maintain such accounts. Requires amounts deducted from employee wages to be shown on wage receipts for employees. Amends the Employee Retirement Income Security Act of 1974 to exempt social security payroll deduction plans from provisions governing employee benefit plans. Provides for the tax treatment of individual social security retirement accounts in a manner similar to individual retirement accounts."}
{"article": "SECTION 1. INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE PROGRAM. (a) Specific Appropriation or Contribution.--Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Specific Appropriation or Contribution.-- ``(1) In general.--No guarantee shall be made unless-- ``(A) an appropriation for the cost of the guarantee has been made; ``(B) the Secretary has received from the borrower a payment in full for the cost of the guarantee and deposited the payment into the Treasury; or ``(C) a combination of appropriations under subparagraph (A) or payments from the borrower under subparagraph (B) has been made that is sufficient to cover the cost of the guarantee. ``(2) Limitation.--The source of payments received from a borrower under subparagraph (B) or (C) of paragraph (1) shall not be a loan or other debt obligation that is made or guaranteed by the Federal Government.''; and (2) by adding at the end the following: ``(l) Credit Report.--If, in the opinion of the Secretary, a third- party credit rating of the applicant or project is not relevant to the determination of the credit risk of a project, if the project costs are not projected to exceed $100,000,000, and the applicant agrees to accept the credit rating assigned to the applicant by the Secretary, the Secretary may waive any otherwise applicable requirement (including any requirement described in part 609 of title 10, Code of Federal Regulations) to provide a third-party credit report. ``(m) Direct Hire Authority.-- ``(1) In general.--Notwithstanding sections 3304 and sections 3309 through 3318 of title 5, United States Code, the head of the loan guarantee program under this title (referred to in this subsection as the `Executive Director') may, on a determination that there is a severe shortage of candidates or a severe hiring need for particular positions to carry out the functions of this title, recruit and directly appoint highly qualified critical personnel with specialized knowledge important to the function of the programs under this title into the competitive service. ``(2) Exception.--The authority granted under paragraph (1) shall not apply to positions in the excepted service or the Senior Executive Service. ``(3) Requirements.--In exercising the authority granted under paragraph (1), the Executive Director shall ensure that any action taken by the Executive Director-- ``(A) is consistent with the merit principles of section 2301 of title 5, United States Code; and ``(B) complies with the public notice requirements of section 3327 of title 5, United States Code. ``(4) Sunset.--The authority provided under paragraph (1) shall terminate on September 30, 2011. ``(n) Professional Advisors.--The Secretary may-- ``(1) retain agents and legal and other professional advisors in connection with guarantees and related activities authorized under this title; ``(2) require applicants for and recipients of loan guarantees to pay all fees and expenses of the agents and advisors; and ``(3) notwithstanding any other provision of law, select such advisors in such manner and using such procedures as the Secretary determines to be appropriate to protect the interests of the United States and achieve the purposes of this title. ``(o) Multiple Sites.--Notwithstanding any contrary requirement (including any provision under part 609.12 of title 10, Code of Federal Regulations) an eligible project may be located on 2 or more non- contiguous sites in the United States.''. (b) Applications for Multiple Eligible Projects.--Section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Multiple Applications.--Notwithstanding any contrary requirement (including any provision under part 609.3(a) of title 10, Code of Federal Regulations), a project applicant or sponsor of an eligible project may submit an application for more than 1 eligible project under this section.''. (c) Energy Efficiency Loan Guarantees.--Section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the end the following: ``(4) Energy efficiency projects, including projects to retrofit residential, commercial, and industrial buildings, facilities, and equipment.''. (d) Fees; Professional Advisors.--Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended-- (1) by striking subsection (f) and inserting the following: ``(f) Fees.--Except as otherwise permitted under subsection (i), administrative costs shall be not more than $100,000 or 10 basis points of the loan.''; (2) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (3) by inserting after subsection (h) the end the following: ``(i) Professional Advisors.--The Secretary may-- ``(1) retain agents and legal and other professional advisors in connection with guarantees and related activities authorized under this section; ``(2) require applicants for and recipients of loan guarantees to pay directly, or through the payment of fees to the Secretary, all fees and expenses of the agents and advisors; and ``(3) notwithstanding any other provision of law, select such advisors in such manner and using such procedures as the Secretary determines to be appropriate to protect the interests of the United States and achieve the purposes of this section.''.", "summary": "Amends the Energy Policy Act of 2005 (EPA) to prohibit federal loan guarantees for innovative technologies unless: (1) an appropriation for the cost of the guarantee has been made; (2) the Secretary of Energy (DOE) has received and deposited into the Treasury payment in full from the borrower for the cost of the guarantee; or (3) a combination of appropriations or payments from the borrower has been made that is sufficient to cover the cost of the guarantee. Authorizes the Secretary to waive requirements to provide a third-party credit report if: (1) such report, in the Secretary's opinion, is not relevant to the determination of the credit risk of a project; (2) the project costs are not projected to exceed $100 million; and (3) the applicant agrees to accept the credit rating the Secretary assigns. Authorizes the head of the loan guarantee program, if there is either a severe shortage of candidates or a severe hiring need for particular positions, to recruit and directly appoint into the competitive service highly qualified critical personnel with specialized knowledge important to program functions (direct hire authority). Amends the EPA and the Energy Independence and Security Act of 2007 to authorize the Secretary to: (1) retain agents and professional advisors in connection with guarantees and related activities; and (2) require loan guarantee applicants and recipients to pay all fees and expenses of such agents and advisors. Authorizes the Secretary to make energy efficiency loan guarantees for projects starting construction by September 30, 2011, to retrofit residential, commercial, and industrial buildings, facilities, and equipment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Redevelopment and Economic Development Innovative Financing Act of 2014''. SEC. 2. BROWNFIELD REDEVELOPMENT AND ECONOMIC DEVELOPMENT INNOVATIVE FINANCING PROGRAM. (a) Establishment and Purpose.--The Secretary of Housing and Urban Development, in consultation with the Secretary of the Treasury, shall establish a program, to be known as the Brownfield Redevelopment and Economic Development Innovative Financing program, under which the Secretary may guarantee, and make commitments to guarantee, the repayment of principal and interest on loans made by lenders to local governments, local redevelopment agencies, or BRAC redevelopment projects for the purposes of carrying out projects for redeveloping brownfields and promoting urban renewal. (b) Eligibility Requirements.-- (1) Application.--A local government, local redevelopment agency, or BRAC redevelopment project shall be eligible to receive a loan guarantee under the Program only if such government, agency, or project submits to the Secretary (at such time and in such form as the Secretary may require)-- (A) a master plan that meets the requirements under subsection (c); (B) a certification from the Environmental Protection Agency, or an entity designated by the Environmental Protection Agency, that the brownfield to be redeveloped under the master plan requires environmental remediation; and (C) any other information as the Secretary may require. (2) Loan eligibility.--A loan may be guaranteed under the Program only if the loan meets the following requirements: (A) Use.--Such loan shall be used for costs of carrying out a project to redevelop brownfields and promote urban renewal, which may include-- (i) acquisition of a brownfield site; (ii) remediation of a brownfield site; (iii) relocation of existing facilities in operation on the redevelopment site; or (iv) site preparation, including the installation of utilities, sewers, storm drains, and transportation facilities. (B) Contamination.--A local government, local redevelopment agency, or BRAC redevelopment project may not receive a loan guarantee under the Program if the applying agency was responsible for contaminating a brownfield to be redeveloped using such loan. (C) Number of loans.--A local government, local redevelopment agency, or BRAC redevelopment project may not at any time have more than one outstanding loan that is guaranteed under the Program. (D) Amount of principal.--The original principal amount of such loan shall not-- (i) be less than $25,000,000; and (ii) exceed the lesser of-- (I) the total cost of the redevelopment project for which the loan is to be used; or (II) $150,000,000. (E) Interest rate.--Such loan shall bear interest at a rate negotiated between the lender and the borrower, subject to any limitations that the Secretary may establish. (F) Duration.--The term to maturity of such loan shall not be shorter than 20 years nor longer than 30 years. (G) Repayment.--Such loan-- (i) shall not require any repayment of principal or interest within 10 years after the date that the lender makes the loan to the borrower; and (ii) shall require that repayment shall begin not later than 15 years after the date that such loan is made. (c) Master Plan.--A master plan under this subsection shall describe the proposed brownfield redevelopment project for which the loan guarantee is to be made, and shall include-- (1) a description of the project to be funded by the loan, including a schedule of activities to be undertaken and a budget for such project; (2) a demonstration that the brownfield redevelopment project will result in major redevelopment, based on economic development and environmental quality and restoration, in the community in which such project is located, which shall include information regarding-- (A) the extent of non-Federal funds committed to the project; (B) the number of long-term jobs created by the project; (C) the environmental remediation of brownfield sites due to the project; (D) a description of the environmental and economic impact of the project on the community; (E) the amount of affordable housing created by the project; (F) the reduction of vehicle congestion and emissions expected to result from the project; (G) the extent of integration of green technology into developments and buildings created by the project; (H) the extent of improvement in air quality expected to result from the project; and (I) the extent to which complete streets planning and transit-oriented development is incorporated into the project; (3) evidence of the commitments of investment from non- Federal entities, established through zoning or other documentation; and (4) a remediation action plan that has been approved by the Environmental Protection Agency, or its designee. (d) Selection Criteria.--The Secretary shall establish criteria for selecting local governments, local redevelopment agencies, and BRAC redevelopment projects to receive loan guarantees under the Program. Such criteria shall take into consideration the information required under subsection (c)(2). Such criteria shall provide that existing BRAC redevelopment projects having existing Federal grants, loans, or other assistance or commitments for Federal grants, loans, or other assistance, shall be given additional favorable consideration toward such selection. (e) Full Faith and Credit.--The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligations for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligations. (f) Protection Against Liability for Environmental Remediation.-- The Federal Government shall not be liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other Federal, State, or local law as a result of a loan guarantee made under this section. (g) Processing; Repayment and Collateral; Congressional Oversight.-- (1) Processing.--The Secretary shall consider, process, and approve all requests for loan guarantees under this section using an approval process that is substantially identical to the approval process used for loan guarantees provided under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308). (2) Repayment schedule and collateralization.--To be eligible for a loan guarantee under this section, an applicant shall demonstrate a viable repayment schedule and shall provide sufficient collateral to ensure repayment of loans so guaranteed, which may be in the form of a pledge of grants for which the applicant may become eligible under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), except that the Secretary may not require a pledge of such grants as collateral and shall provide for applicants to provide collateral in other forms, at the option of the applicant. (3) Congressional oversight.--Before final approval of any loan guarantee under this section, the Secretary shall notify the Committees on Financial Services and Appropriations of the House of Representatives and Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate of such approval. (h) Definitions.--For purposes of this section the following definitions shall apply: (1) BRAC redevelopment project.--The term ``BRAC redevelopment project'' means a project to redevelop a site that has been designated as a Base Realignment and Closure Site by the Secretary of Defense, through the Defense Base Closure and Realignment Commission, and is listed on the website of the Department of Defense as such a site. (2) Brownfield.--The term ``brownfield'' has the meaning given such term in section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39). (3) Local redevelopment agency.--The term ``local redevelopment agency'' means any agency, office, or division of a State government whose purpose includes improving blighted, deteriorated, or otherwise economically depressed areas. (4) Remediation action plan.--The term ``remediation action plan'' means, with respect to a brownfield redevelopment project, a document that describes how the project site will be remediated, what technology will be used to accomplish such remediation, and when the remediation actions will take place. (5) Program.--The term ``Program'' means the Brownfield Redevelopment and Economic Development Innovative Financing program established under this section. (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (i) Regulations.--Not later than 6 months after the date of enactment of this section, the Secretary shall issue regulations as may be necessary to carry out the Program. (j) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $100,000,000 for fiscal year 2015 for costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of loans guaranteed under this section, which amounts shall remain available through fiscal year 2019.", "summary": "Brownfield Redevelopment and Economic Development Innovative Financing Act of 2014 - Directs the Secretary of Housing and Urban Development (HUD) to establish the Brownfield Redevelopment and Economic Development Innovative Financing Program, under which the Secretary may guarantee the repayment of loans made by lenders to local governments, local redevelopment agencies, or Base Realignment and Closure Commission (BRAC) redevelopment projects to carry out projects for redeveloping brownfields and promoting urban renewal. Requires such an entity, in order to receive such a loan guarantee, to submit: (1) a master plan that describes the proposed brownfield redevelopment project, demonstrates that such project will result in major redevelopment, provides evidence of investment commitments from non-federal entities, and includes a remediation action plan approved by the Environmental Protection Agency (EPA); and (2) a certification from EPA that the brownfield to be redeveloped requires environmental remediation. Prohibits an entity from: (1) receiving a loan guarantee if it was responsible for contaminating the brownfield to be redeveloped, or (2) having more than one outstanding loan that is guaranteed under the Program. Sets forth requirements regarding an eligible loan's principal amount, interest rate, duration, and repayment terms. Directs the Secretary to establish criteria for selecting entities to receive loan guarantees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fraud Enforcement and Prevention Act of 2010''. SEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID FRAUD. (a) In General.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended-- (1) in subsection (a), by striking ``$10,000 or imprisoned for not more than one year'' and inserting ``$20,000 or imprisoned for not more than two years''; and (2) in each of subsections (a), (b)(1), (b)(2), (c), and (d), by striking ``$25,000 or imprisoned for not more than five years'' and inserting ``$50,000 or imprisoned for not more than 10 years''. (b) Illegal Distribution of Medicare or Medicaid Beneficiary Identification or Billing Privileges.--Section 1128B of such Act (42 U.S.C. 1320a-7b) is amended by adding at the end the following new subsection: ``(g) Whoever knowingly, intentionally, and with the intent to defraud purchases, sells, or distributes, or arranges for the purchase, sale, or distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges under title XVIII or title XIX shall be imprisoned for not more than three years or fined under title 18, United States Code (or, if greater, an amount equal to the monetary loss to the Federal and any State government as a result of such acts), or both.''. (c) Effective Date.--The amendments made by this section shall apply to acts committed on or after the date of the enactment of this Act. SEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID FRAUD. (a) Civil Monetary Penalties Law Alignment and Other Changes.-- (1) Section 1128A(a) of the Social Security Act (42 U.S.C. 1320a-7a(a)) is amended-- (A) in paragraph (1), by striking ``to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)),''; (B) by inserting after paragraph (10), as added by section 6402(d)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148) the following new paragraphs: ``(11) conspires to commit a violation of this section; or ``(12) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to a Federal health care program, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to a Federal health care program;''; (C) in the first sentence-- (i) by striking ``or in cases under paragraph (9)'' and inserting ``in cases under paragraph (9)''; and (ii) by striking ``fact)'' and inserting ``fact), in cases under paragraph (11), $50,000 for any violation described in this section committed in furtherance of the conspiracy involved, and in cases under paragraph (12), $50,000 for each false record or statement, or concealment, avoidance, or decrease''; and (D) in the second sentence, by striking ``material fact).'' and inserting ``material fact); or in cases under paragraph (11), an assessment of not more than 3 times the total amount that would otherwise apply for any violation described in this section committed in furtherance of the conspiracy involved; or in cases under paragraph (12), an assessment of not more than 3 times the total amount of the obligation to which the false record or statement was material or that was avoided or decreased.''. (2) Section 1128A(c)(1) of the Social Security Act (42 U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and inserting ``10 years''. (3) Section 1128A(i) of the Social Security Act (42 U.S.C. 1320a-7a(i)) is amended-- (A) by amending paragraph (2) to read as follows: ``(2) The term `claim' means any application, request, or demand, whether under contract, or otherwise, for money or property for items and services under a Federal health care program (as defined in section 1128B(f)), whether or not the United States or a State agency has title to the money or property, that-- ``(A) is presented or caused to be presented to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)); or ``(B) is made to a contractor, grantee, or other recipient if the money or property is to be spent or used on the Federal health care program's behalf or to advance a Federal health care program interest, and if the Federal health care program-- ``(i) provides or has provided any portion of the money or property requested or demanded; or ``(ii) will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.''; (B) by amending paragraph (3) to read as follows: ``(3) The term `item or service' means, without limitation, any medical, social, management, administrative, or other item or service used in connection with or directly or indirectly related to a Federal health care program.''; (C) in paragraph (7)-- (i) by striking ``term `should know' means'' and inserting ``terms `knowing', `knowingly', and `should know' mean''; (ii) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (iii) by inserting before subparagraph (B), as redesignated by clause (ii), the following new subparagraph: ``(A) has actual knowledge of the information;''; and (iv) in the matter following subparagraph (C), as redesignated by clause (ii)-- (I) by inserting ``require'' after ``and''; and (II) by striking ``is required''; and (D) by adding at the end the following new paragraphs: ``(8) The term `obligation' means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment. ``(9) The term `material' means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.''. (b) Exclusion of Responsible Corporate Officials.--Section 1128(b) of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by striking clauses (i) and (ii) of paragraph (15)(A) and inserting the following: ``(i) who has or had a direct or indirect ownership or control interest in a sanctioned entity at the time of and who knew or should have known (as defined in section 1128(i)(7)) of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B); or ``(ii) who is or was an officer or managing employee (as defined in section 1126(b)) of such an entity at the time of any of the conduct that formed a basis for the conviction or exclusion so described.''. (c) Payment Suspensions.--Subsection (o)(1) of section 1862 of the Social Security Act (42 U.S.C. 42 U.S.C. 1395y), as added by section 6402(h) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by striking ``may'' and inserting ``shall''. (d) Civil Monetary Penalties for False Statements or Delaying Inspections.--Paragraph (9) of section 1128A(a) of the Social Security Act (42 U.S.C. 1320a-7a(a)), as added by section 6408(a) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by inserting ``or to timely provide information in response to a request authorized by section 1128J(b),'' after ``regulations),''. SEC. 4. ENHANCED SCREENING, MEDICARE DATA-MINING SYSTEM; BIOMETRIC TECHNOLOGY PILOT PROGRAM. (a) Enhanced Screening.--Section 1866(j)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395cc(j)), as inserted by section 6401(a)(3) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by striking ``may'' and inserting ``shall''. (b) Access to Real Time Claims and Payment Data.-- Section1128J(a)(2) of the Social Security Act, as added by section 6402(a) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended-- (1) by inserting ``including real time claims and payment data,'' after ``access to claims and payment data''; and (2) by adding at the end the following sentence: ``In carrying out this section, the Inspector General of the Department of Health and Human Services, in consultation with the Attorney General, shall implement mechanisms for the sharing of information about suspected fraud relating to the Federal health care programs under titles XVIII, XIX, and XXI with other appropriate law enforcement officials.''. (c) Biometric Technology Pilot Program.-- (1) In general.--By not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall carry out a 5-year pilot program that implements biometric technology to ensure that individuals entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title are physically present at the time and place of receipt of certain items and services (specified by the Secretary) for which payment may be made under such title. Under such pilot program the Secretary may provide for financial incentives to encourage voluntary participation of providers of services (as defined in section 1861(u) of such Act) and suppliers (as defined in section 1861(d) of such Act). (2) Reports.--The Secretary of Health and Human Services shall, for each of the third, fourth, and fifth years of the pilot program under paragraph (1), submit to Congress a report on the effectiveness of the pilot program in reducing the occurrence of waste, fraud, and abuse in the Medicare program under title XVIII of the Social Security Act. (3) Authorization of appropriations.--For purpose of carrying out paragraph (1), there is authorized to be appropriated such sums as may be necessary. SEC. 5. GAO STUDY AND REPORT. (a) Study.--The Comptroller General of the United States shall conduct a study on Medicare administrative contractors under section 1874A of the Social Security Act, including Recovery Audit Contractors, regarding the following areas: (1) Training and expertise in identifying fraud, including the education levels of the key individuals tasked to identify or refer potential cases of fraud, and whether the Centers for Medicare & Medicaid Services should be providing more training to contractors, or require contractors to hire experts with greater medical training. (2) Acquisition and implementation of data mining software among Medicare administrative contractors, if applicable, and the ability or availability of such software to provide real- time data mining capabilities. (b) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall complete the study under this section and submit a report to Congress regarding the findings of the study and recommendations for legislation and administrative action.", "summary": "Medicare Fraud Enforcement and Prevention Act of 2010 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid). Adds a new offense of distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges with the intent to defraud. Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims; and (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim. Amends SSA title XVIII (Medicare), as amended by the Patient Protection and Affordable Care Act (PPACA), to revise screening requirements. Amends SSA title XI, as amended by PPACA, to require the access to claims and payment data granted to Inspector General of the Department of Health and Human Services (HHS) and the Attorney General to include access to real time claims and payment data. Requires the HHS Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (Children's Health Insurance Program) (CHIP) with other appropriate law enforcement officials. Directs the HHS Secretary to carry out a five-year pilot program that implements biometric technology to ensure that individuals entitled to benefits under Medicare part A or enrolled under Medicare part B are physically present at the time and place of receipt of certain items and services for which payment may be made. Requires the Comptroller General to study and report to Congress on Medicare administrative contractors, including Recovery Audit Contractors."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Television Viewer Privacy Act of 2003''. SEC. 2. PROTECTION OF PRIVACY OF USERS OF INTERACTIVE VIDEO-RELATED SERVICES. (a) In General.--An interactive video-related service provider may not collect, maintain, or disclose any personal viewing information regarding a subscriber to the service that is personally identifiable, without the prior written or electronic consent of such subscriber, except-- (1) to render, or conduct a legitimate business activity related to, the service provided to the subscriber by such provider, including billing for such service; or (2) as provided in subsection (c) or (d). (b) Requirements for Consent.--Consent shall not be considered to be made by a subscriber, for purposes of this subsection, unless prior to the writing or electronic communication granting the consent, the subscriber is provided a separate statement that clearly and conspicuously informs the subscriber of-- (1) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature and use of such information; (2) the nature, frequency, and purpose of any disclosure that may be made of such information, including an identification of the types of persons to whom the disclosure may be made; (3) the period during which such information will be maintained by the interactive video-related service provider; (4) the limitations provided by this section with respect to the collection, maintenance, and disclosure of information by an interactive video-related service provider and the methods under subsections (f) and (g) by which such limitations may be enforced. If, after a statement referred to in the preceding sentence is provided to a subscriber, there is any change with respect to any of the information described in paragraphs (1) through (5), such statement shall not be sufficient for purposes of this subsection. (c) Disclosure Pursuant to Court Order.--An interactive video- related service provider may disclose such personally identifiable personal viewing information, to the extent necessary to comply with a court order authorizing such disclosure to a governmental entity, but only if-- (1) the subscriber is notified of such order by the person to whom the order is directed; and (2) in the proceeding relevant to such court order-- (A) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information disclosed would be material evidence in the case; and (B) the subject of the information is afforded the opportunity to appear and contest such entity's claim. (d) Right of Subscriber to Access Information.--If personally identifiable viewing information regarding a subscriber to a service provided by an interactive video-related service provider is collected, the subscriber shall have access to such information for as long as such information is maintained. (e) Destruction of Information.--An interactive video-related service provider shall destroy any personally identifiable personal viewing information that is collected by the service as soon as such information is no longer necessary for the purpose for which it was collected or maintained pursuant to subsection (a) and there are no pending requests or orders for access to such information under subsection (d) or pursuant to a court order. (f) FTC Enforcement.-- (1) Unfair or deceptive act.--This section shall be enforced by the Federal Trade Commission as if the violation of this section were an unfair or deceptive act or practice proscribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Actions by ftc.--The Federal Trade Commission shall prevent any person from violating this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. Any entity that violates any provision of this section is subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this section. (3) Jurisdiction.--Notwithstanding section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)), communications common carriers shall be subject to the jurisdiction of the Federal Trade Commission for purposes of this section. (g) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any interactive video-related service provider who violates this section, the State may bring a civil action in a United States district court-- (A) to enjoin further violation of this section by the defendant; or (B) to obtain damages on behalf of residents of the State, as provided in paragraph (2). (2) Damages, fees, and costs.--In an action under paragraph (1)(B), the court may award-- (A) actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (B) punitive damages; and (C) reasonable attorneys' fees and other litigation costs reasonably incurred. (h) Other Remedies.--The remedies provided by this Act shall be in addition to any other lawful remedy available to a subscriber to an interactive video-related service. (i) Definitions.--For purposes of this section, the following definitions shall apply: (1) Interactive video-related services provider.-- (A) In general.--Except as provided in subparagraph (B), the term ``interactive video-related services provider'' means any person who has access to personal viewing information through-- (i) the provision of video programming (as such term is defined in section 602 of the Communications Act of 1934 (47 U.S.C. 522); (ii) services for recording of video programming; (iii) navigation devices, computer software, or information; (iv) converter boxes; (v) interactive communications equipment; or (vi) other equipment that is used by consumers to access multichannel video programming or other services offered through a service providing multichannel video programming. (B) Exception.--Such term shall not include any cable operator (as such term is defined in section 602 of the Communications Act of 1934. (2) Legitimate business activity.--The term ``legitimate business activity'' means, with respect to an interactive video-related service provider, any interaction between a consumer and the provider that is necessary to maintain the providing of a good or service requested by the consumer, including approving, guaranteeing, processing, administering, completing, enforcing, providing, or marketing a product, service, account, benefit, transaction, or payment method that is requested or approved by the consumer. (3) Personal viewing information.--The term ``personal viewing information'' means, with respect to multichannel video programming provided to a person, information regarding the video programming that the person views, displays, or records. (4) Personally identifiable information.--The term ``personally identifiable information'' does not include any record of aggregate data that does not identify particular persons. (5) Video programming.--The term ``video programming'' has the meaning given such term in section 602 of the Communications Act of 1934. (j) Preemption of State Laws.--This section supercedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the collection, maintenance, or disclosure of personal viewing information, regarding multichannel video programming, that is personally identifiable.", "summary": "Television Viewer Privacy Act of 2003 - Prohibits an interactive video-related service provider (provider) from collecting, maintaining, or disclosing any personally identifiable viewing information (information) regarding a subscriber without the prior written or electronic consent of such subscriber, except: (1) to render or conduct a legitimate business activity related to the service provided; (2) pursuant to a court order authorizing disclosure to a governmental entity; or (3) to such subscriber. Requires, for such consent, that the subscriber be provided a separate statement that clearly and conspicuously informs the subscriber of: (1) the nature of the information collected and its intended use; (2) the nature, frequency, and purpose of any disclosure that may be made; (3) the period during which the information will be maintained by the provider; and (4) required limitations with respect to the collection, maintenance, and disclosure of such information by the provider and the methods by which such limitations may be enforced. Requires a provider to destroy any collected information as soon as it is no longer necessary. Provides for: (1) enforcement through the Federal Trade Commission or by the States; and (2) damages, including actual and punitive damages."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``First-time Homebuyer Affordability Act of 1999''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds that-- (1) it is desirable to make funds available from individual retirement plans to encourage first time home ownership, and (2) the tax and penalty on the premature withdrawal of funds from individual retirement plans are substantial impediments to making such funds available for that purpose. (b) Policy.--It is the policy of the Congress to remove impediments to home investment by first-time homebuyers by permitting owners of individual retirement plans to direct the trustees of such plans to invest plan funds as home equity or debt in the homes of such owners or in the home of family members who are first-time homebuyers. SEC. 3. CERTAIN RETIREMENT PLANS AUTHORIZED TO MAKE EQUITY INVESTMENTS IN PRINCIPAL RESIDENCES FOR FIRST-TIME HOMEBUYERS. (a) Exemption From Prohibited Transaction Rules.--Section 4975 of the Internal Revenue Code of 1986 (relating to tax on prohibited transactions) is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following new subsection: ``(h) Special Rule for Home Equity Participation Arrangements.-- ``(1) In general.--The prohibitions provided in subsection (c) shall not apply to any qualified home equity participation arrangement to the extent that the amount paid to acquire the ownership interest referred to paragraph (2)(A) does not exceed $10,000. ``(2) Qualified home equity participation arrangement.--For purposes of this subsection-- ``(A) In general.--The term `qualified home equity participation arrangement' means an arrangement-- ``(i) under which the trustee of an individual retirement plan, at the direction of the eligible participant, shall acquire an ownership interest in any dwelling unit which within a reasonable period of time (determined at the time the arrangement is executed) is to be used as the principal residence for a first- time homebuyer, and ``(ii) which meets the requirements of subparagraph (B). ``(B) Ownership interest requirement.--An arrangement shall meet the requirements of this subparagraph if the ownership interest described in subparagraph (A)-- ``(i) is a fee interest in such property (and, in the case of an arrangement which is not otherwise at arm's length, the trustee's fee interest would be reasonable in an arm's length arrangement), ``(ii) by its terms requires repayment in full upon the sale or other transfer of the dwelling unit, and ``(iii) may not be used as security for any loan secured by any interest in the dwelling unit. ``(3) Definitions.--For purposes of this subsection-- ``(A) Eligible participant.--The term `eligible participant' means an individual on whose behalf an individual retirement plan is established. ``(B) First-time homebuyer.--The term `first-time homebuyer' means an individual who-- ``(i) is an eligible participant or qualified family member, and ``(ii) had (and if married, such individual's spouse had) no present ownership interest in a principal residence at any time during the 24-month period before the date of the arrangement. ``(C) Qualified family member.--The term `qualified family member' means a child (as defined in section 151(c)(3)), parent, or grandparent of the eligible participant (or such participant's spouse). Section 152(b)(2) shall apply in determining if an individual is a parent or grandparent of an eligible participant (or such participant's spouse). ``(D) Acquisition; etc.-- ``(i) Acquisition.--The term `acquisition' includes construction, reconstruction, and improvement related to such acquisition. ``(ii) Acquisition cost.--The term `acquisition cost' has the meaning given such term by section 143(k)(3). ``(E) Principal residence.--The term `principal residence' has the same meaning as when used in section 121.''. (b) Effective Date.--The amendment made by this section shall apply to arrangements entered into after the date of the enactment of this Act. SEC. 4. LOANS USED TO ACQUIRE PRINCIPAL RESIDENCES FOR FIRST-TIME HOMEBUYERS. (a) Individual Retirement Plans.--Section 408(e) of the Internal Revenue Code of 1986 (relating to tax treatment of accounts and annuities) is amended by adding at the end thereof the following new paragraph: ``(7) Loans used to purchase a home for first-time homebuyers.-- ``(A) In general.--Paragraph (3) shall not apply to any qualified home purchase loan made by an individual retirement plan. ``(B) Qualified home purchase loan.--For purposes of this paragraph, the term `qualified home purchase loan' means a loan-- ``(i) made by the trustee of an individual retirement plan at the direction of the individual on whose behalf such plan is established, ``(ii) the proceeds of which are used for the acquisition of a dwelling unit which within a reasonable period of time (determined at the time the loan is made) is to be used as the principal residence for a first-time homebuyer, ``(iii) which by its terms requires interest on the loan to be paid not less frequently than monthly, ``(iv) which by its terms requires repayment in full not later than the earlier of-- ``(I) the date which is 15 years after the date of acquisition of the dwelling unit, or ``(II) the date of the sale or other transfer of the dwelling unit, ``(v) which by its terms treats-- ``(I) any amount required to be paid under clause (iii) during any taxable year which is not paid at the time required to be paid, and ``(II) any amount remaining unpaid as of the beginning of the taxable year beginning after the period described in clause (iv), as distributed during such taxable year to the individual on whose behalf such plan is established and subject to section 72(t)(1), and ``(vi) which bears interest from the date of the loan at a rate not less than 2 percentage points below, and not more than 2 percentage points above, the rate for comparable United States Treasury obligations on such date. Nothing in this paragraph shall be construed to require such a loan to be secured by the dwelling unit. ``(C) Limitation on amount of loans.--The amount of borrowings to which paragraph (3) does not apply by reason of this paragraph shall not exceed $10,000. ``(D) Denial of interest deduction.--No deduction shall be allowed under this chapter for interest on any qualified home purchase loan. ``(E) Definitions.--For purposes of this paragraph-- ``(i) First-time homebuyer.--The term `first-time homebuyer' has the meaning given such term by section 4975(h)(3)(B). ``(ii) Acquisition.--The term `acquisition' has the meaning given such term by section 4975(h)(3)(D)(i). ``(iii) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(iv) Date of acquisition.--The term `date of acquisition' means the date-- ``(I) on which a binding contract to acquire the principal residence to which subparagraph (B) applies is entered into, or ``(II) on which construction, reconstruction, or improvement of such a principal residence is commenced.''. (b) Prohibited Transaction.--Section 4975(d) of the Internal Revenue Code of 1986 (relating to exemptions from tax on prohibited transactions) is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``; or'', and by inserting after paragraph (15) the following new paragraph: ``(16) any loan that is a qualified home purchase loan (as defined in section 408(e)(7)(B)).''. (c) Effective Date.--The amendments made by this section shall apply to loans made after the date of the enactment of this Act.", "summary": "Allows the use of amounts in an individual retirement plan to make loans of up to $10,000 to purchase a home for a first-time homebuyer on behalf of an eligible participant or a family member. Prohibits a related interest deduction. Requires repayment within 15 years."}
{"article": "SECTION 1. DEDUCTION OF PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction for the taxable year the aggregate amount paid by such individual as premiums under a high deductible health plan with respect to months during such year for which such individual is an eligible individual with respect to such health plan. ``(b) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' has the meaning given such term by section 223(c)(1). ``(2) High deductible health plan.--The term `high deductible health plan' has the meaning given such term by section 223(c)(2). ``(c) Special Rules.-- ``(1) Deduction limits.-- ``(A) Deduction allowable for only 1 plan.--For purposes of this section, in the case of an individual covered by more than 1 high deductible health plan for any month, the individual may only take into account amounts paid for such month for the plan with the lowest premium. ``(B) Plans covering ineligible individuals.--If 2 or more individuals are covered by a high deductible health plan for any month but only 1 of such individuals is an eligible individual for such month, only 50 percent of the aggregate amount paid by such eligible individual as premiums under the plan with respect to such month shall be taken into account for purposes of this section. ``(2) Group health plan coverage.-- ``(A) In general.--No deduction shall be allowed to an individual under subsection (a) for any amount paid for coverage under a high deductible health plan for a month if that individual participates in any coverage under a group health plan (within the meaning of section 5000 without regard to section 5000(d)). ``(B) Exception for plans only providing contributions to health savings accounts.--Subparagraph (A) shall not apply to an individual if the individual's only coverage under a group health plan for a month consists of contributions by an employer to a health savings account with respect to which the individual is the account beneficiary. ``(C) Exception for certain permitted coverage.-- Subparagraph (A) shall not apply to an individual if the individual's only coverage under a group health plan for a month is coverage described in clause (i) or (ii) of section 223(c)(1)(B). ``(3) Medical and health savings accounts.--Subsection (a) shall not apply with respect to any amount which is paid or distributed out of an Archer MSA or a health savings account which is not included in gross income under section 220(f) or 223(f), as the case may be. ``(4) Coordination with deduction for health insurance of self-employed individuals.--Any amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. ``(5) Coordination with medical expense deduction.--Any amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213.''. (b) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting before the last sentence at the end the following new paragraph: ``(21) Premiums for high deductible health plans.--The deduction allowed by section 224.''. (c) Coordination With Section 35 Health Insurance Costs Credit.-- Section 35(g)(2) of such Code is amended by striking ``or 213'' and inserting ``, 213, or 224''. (d) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting before such item the following new item: ``Sec. 224. Premiums for high deductible health plans.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 2. CREDIT FOR CERTAIN EMPLOYMENT TAXES PAID WITH RESPECT TO PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS AND CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. (a) Allowance of Credit.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. EMPLOYMENT TAXES PAID WITH RESPECT TO PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS AND CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the product of-- ``(1) the sum of the rates of tax in effect under sections 3101(a), 3101(b), 3111(a), and 3111(b) for the calendar year in which the taxable year begins, multiplied by ``(2) the sum of-- ``(A) the aggregate amount paid by such individual as premiums under a high deductible health plan which is allowed as a deduction under section 224 for the taxable year, and ``(B) the aggregate amount paid to a health savings account of such individual which is allowed as a deduction under section 223 for the taxable year. ``(b) Credit Limited to Certain Employment Taxes.-- ``(1) In general.--The credit allowed under subsection (a) with respect to any individual for any taxable year shall not exceed the specified employment taxes with respect to such individual for such taxable year. ``(2) Specified employment taxes.--For purposes of this subsection, the term `specified employment taxes' means, with respect to any individual for any taxable year, the sum of-- ``(A) the taxes imposed under sections 3101(a), 3101(b), 3111(a), 3111(b), 3201(a), 3211(a), and 3221(a) (taking into account any adjustments or refunds under section 6413) with respect to wages and compensation received by such individual during the calendar year in which such taxable year begins, and ``(B) the taxes imposed under subsections (a) and (b) of section 1401 with respect to the self-employment income of such individual for such taxable year. ``(c) Special Rule for Employment Compensation in Excess of Social Security Contribution Base.-- ``(1) In general.--If the aggregate amount of employment compensation received by any individual during the calendar year in which the taxable year begins exceeds the contribution and benefit base (as determined under section 230 of the Social Security Act), the amount of the credit determined under subsection (a) (determined before application of subsection (b)) shall be equal to the sum of-- ``(A) the amount determined under subsection (a) by only taking into account so much of the amount determined under subsection (a)(2) as does not exceed such excess and by only taking into account the rates of tax in effect under section 3101(b) and 3111(b), and ``(B) the amount determined under subsection (a) by only taking into account so much of the amount determined under subsection (a)(2) as is not taken into account under subparagraph (A) and by taking into account each of the rates of tax referred to in subsection (a)(1). ``(2) Employment compensation.--For purposes of this subsection, the term `employment compensation' means, with respect to any individual for any taxable year, the sum of-- ``(A) the wages (as defined in section 3121(a)) and compensation (as defined in section 3231(e)) received by such individual during the calendar year in which such taxable year begins, and ``(B) the self-employment income (as defined in section 1402(b)) of such individual for such taxable year.''. (b) Increase in Additional Tax on Distributions Not Used for Qualified Medical Expenses.--Paragraph (4) of section 223(f) of such Code (relating to additional tax on distributions not used for qualified medical expenses) is amended to read as follows: ``(4) Additional tax on distributions not used for qualified medical expenses.-- ``(A) In general.--The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a health savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 30 percent of the amount which is so includible. ``(B) Exception for disability or death.--In the case of payments or distributions made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies, subparagraph (A) shall be applied by substituting `15 percent' for `30 percent'. ``(C) Exception for distributions after medicare eligibility.--In the case of payments or distributions made after the date on which the account beneficiary attains the age specified in section 1811 of the Social Security Act, subparagraph (A) shall be applied by substituting `15 percent' for `30 percent'.''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or section 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and by inserting after the item relating to section 35 the following new items: ``Sec. 36. Employment taxes paid with respect to premiums for high deductible health plans and contributions to health savings accounts. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.", "summary": "Amends the Internal Revenue Code to allow: (1) a tax deduction from gross income (available to taxpayers who do not itemize deductions) for insurance premiums for high deductible health plans; and (2) a tax credit for certain employment taxes related to premiums for high deductible health plans and contributions to health savings accounts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Owners' Right to Repair Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The ability to diagnose, service, and repair a motor vehicle in a timely, reliable, and affordable manner is essential to the safety and well-being of automotive consumers in the United States. (2) Consumers are entitled to choose among competing repair facilities for the convenient, reliable, and affordable repair of their motor vehicles. (3) Increased competition among repair facilities will benefit vehicle owners in the United States. (4) Computers of various kinds are increasingly being used in motor vehicle systems, such as pollution control, transmission, anti-lock brakes, electronic and mechanical systems, heating and air-conditioning, mobile electronics, airbags, and steering. (5) The diagnosis, service, and repair of these vehicle systems are essential to the safety and proper operation of modern motor vehicles. (6) In many instances, access codes prevent owners from making, or having made, the necessary diagnosis, service, and repair of their motor vehicles in a timely, convenient, reliable, and affordable manner. (7) Automobile manufacturers have restricted access to the information motor vehicle owners need in order to diagnose, service, and repair their vehicles, in a manner that has hindered open competition among repair facilities. (8) Consumers in the United States have benefited from the availability of a competitive aftermarket industry, or parts and accessories used in the repair, maintenance, or enhancement of a motor vehicle. The American economy has also benefited from the availability of a competitive aftermarket industry that provides jobs to over 5 million workers in over 495,000 businesses, and generates $200 billion in annual sales. (9) Vehicle owners in the United States should have the right-- (A) to all information necessary to allow the diagnosis, service, and repair of their vehicles; (B) to choose between original parts and aftermarket parts when repairing their motor vehicles; and (C) to make, or have made, repairs necessary to keep their vehicles in reasonably good and serviceable condition during the life of the vehicle. (10) The restriction of vehicle repair information and tools limits who can repair motor vehicles and what parts may be used to repair those vehicles, which limits consumer choice, impedes competition, and increases the costs of vehicle repair for consumers. (b) Purposes.--The purposes of this Act are: (1) To ensure the safety of all vehicle owners by requiring disclosure of all information necessary for the proper diagnosis, service, and repair of a vehicle in a timely, affordable, and reliable manner. (2) To encourage competition in the diagnosis, service, and repair of motor vehicles. SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS. (a) Duty to Disclose.--The manufacturer of a motor vehicle sold or introduced into commerce in the United States shall promptly provide to the vehicle owner, or to a repair facility of the motor vehicle owner's choosing, the information necessary to diagnose, service, or repair the vehicle. The motor vehicle manufacturer shall make available all non- emission-related service information, training information, and diagnostic tools on a non-discriminatory basis to any repair facility of the owner's choosing, and shall not not limit such information to those repair facilities within the manufacturers' approved network. The information to be made available shall include the following: (1) The same service and training information related to vehicle repair shall be made available to all independent repair facilities in the same manner and extent as it is made available to franchised dealerships, and shall include all information needed to activate all controls that can be activated by a franchised dealership. (2) The same diagnostic tools and capabilities related to vehicle repair that are made available to franchised dealerships shall be made available to independent repair facilities. These diagnostic tools and capabilities shall be made available for purchase by motor vehicle owners or their agents through reasonable business means. The service and training information and manufacturer diagnostic capabilities shall be available to independent repair facilities, and to the companies from which they normally purchase diagnostic tools, without the need for the motor vehicle owner to return to a franchised dealership. (b) Protection of Trade Secrets.--Nothing in this Act shall be deemed to require the disclosure of trade secrets, nor the public disclosure of any information related exclusively to the design and manufacture of motor vehicle parts. No information necessary to repair a vehicle shall be withheld by a manufacturer if such information is provided (directly or indirectly) to franchised dealerships or other repair facilities. SEC. 4. REGULATIONS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall prescribe regulations setting forth an appropriate method by which manufacturers shall provide the information required by section 3, including disclosure in writing, via the Internet, or under such terms as the Commission determines appropriate. The regulations shall take effect upon final issuance of such regulations and shall apply to vehicles manufactured after model year 1994. (b) Limitation.--The Federal Trade Commission may not prescribe rules that interfere with the authority of, or conflict with rules prescribed by, the Administrator of the Environmental Protection Agency under section 202(m) of the Clean Air Act (42 U.S.C. 7521(m)) with regard to motor vehicle emissions control diagnostics systems. SEC. 5. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--The failure by a manufacturer to comply with section 3(a) or the regulations prescribed under section 4 shall be treated as an unfair method of competition and an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1))). A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Federal Trade Commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any entity that violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Effect on Other Laws.--Nothing contained in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provisions of law. SEC. 6. DEFINITIONS. In this Act: (1) The terms ``manufacturer'', ``motor vehicle'', and ``motor vehicle equipment'' have the meanings given those terms in section 30102(a) of title 49, United States Code. (2) The term ``motor vehicle owner'' or ``vehicle owner'' means any person who owns, leases, or otherwise has the legal right to use and possess a motor vehicle. (3) The term ``repair facility'' means a facility maintained by a person engaged in the repair, diagnosing, or servicing of motor vehicles or motor vehicle engines.", "summary": "Motor Vehicle Owners' Right to Repair Act of 2005 - Requires a manufacturer of a motor vehicle sold or introduced into commerce in the United States to disclose to the vehicle owner or to a repair facility of the motor vehicle owner's choosing the information necessary to diagnose, service, or repair the vehicle. Sets forth protections for trade secrets. Instructs the Federal Trade Commission (FTC) to prescribe a uniform methodology for manufacturer disclosure in writing and on the Internet. Prohibits the FTC from prescribing rules that interfere with the authority of the Administrator of the Environmental Protection Agency (EPA) regarding motor vehicle emissions control diagnostics systems. States that manufacturer noncompliance with this Act constitutes an unfair method of competition and an unfair or deceptive act or practice affecting commerce within the purview of the Federal Trade Commission Act."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Generic Pharmaceutical Access and Choice for Consumers Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. TITLE I--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS Sec. 101. Encouragement of the use of generic drugs under the Public Health Service Act. Sec. 102. Application to Federal employees health benefits program. Sec. 103. Application to medicare program. Sec. 104. Application to medicaid program. Sec. 105. Application to Indian Health Service. Sec. 106. Application to veterans programs. Sec. 107. Application to recipients of uniformed services health care. Sec. 108. Application to Federal prisoners. TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS Sec. 201. Therapeutic equivalence of generic drugs. TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM Sec. 301. Sense of the Senate regarding a preference for the use of generic pharmaceuticals under the medicare program. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Generic pharmaceuticals are approved by the Food and Drug Administration on the basis of testing and other information establishing that such pharmaceuticals are therapeutically equivalent to brand-name pharmaceuticals, ensuring consumers a safe, efficacious, and cost-effective alternative to brand-name pharmaceuticals. (2) The pharmaceutical market has become increasingly competitive during the last decade because of the increasing availability and accessibility of generic pharmaceuticals. (3) The Congressional Budget Office estimates that-- (A) the substitution of generic pharmaceuticals for brand-name pharmaceuticals will save purchasers of pharmaceuticals between $8,000,000,000 and $10,000,000,000 each year; and (B) quality generic pharmaceuticals cost between 25 percent and 60 percent less than brand-name pharmaceuticals, resulting in an estimated average savings of $15 to $30 on each prescription filled. (4) Generic pharmaceuticals are widely accepted by both consumers and the medical profession, as the market share held by generic pharmaceuticals compared to brand-name pharmaceuticals has more than doubled during the last decade, from approximately 19 percent to 43 percent, according to the Congressional Budget Office. (b) Purposes.--The purposes of this Act are-- (1) to reduce the cost of prescription drugs to the United States Government and to beneficiaries under Federal health care programs while maintaining the quality of health care by encouraging the use of generic drugs rather than nongeneric drugs under those programs whenever feasible; and (2) to increase the utilization of generic pharmaceuticals by requiring the Food and Drug Administration, where appropriate, to determine that a generic pharmaceutical is the therapeutic equivalent of its brand-name counterpart, and by affording national uniformity to that determination. TITLE I--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS SEC. 101. ENCOURAGEMENT OF THE USE OF GENERIC DRUGS UNDER THE PUBLIC HEALTH SERVICE ACT. (a) In General.--Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following new section: ``SEC. 247. USE OF GENERIC DRUGS ENCOURAGED. ``(a) Each grant or contract entered into under this Act that involves the provision of health care items or services to individuals shall include provisions to ensure that, to the extent feasible, any prescriptions provided for under such grant or contract are filled by providing the generic form of the drug involved, unless the nongeneric form of the drug is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed. ``(b) In this section: ``(1) The term `generic form of the drug' means a drug that is the subject of an application approved under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), for which the Secretary has made a determination that the drug is the therapeutic equivalent of a listed drug under section 505(j)(5)(E) of that Act (21 U.S.C. 355(j)(5)(E)). ``(2) The term `nongeneric form of the drug' means a drug that is the subject of an application approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)).''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 102. APPLICATION TO FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p) To the extent feasible, if a contract under this chapter provides for the provision of, the payment for, or the reimbursement of the cost of any prescription drug, the carrier shall provide, pay, or reimburse the cost of the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), except, if the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply to any drug furnished during contract years beginning on or after January 1, 2001. SEC. 103. APPLICATION TO MEDICARE PROGRAM. (a) In General.--Section 1861(t) of the Social Security Act (42 U.S.C. 1395x(t)) is amended by adding at the end the following new paragraph: ``(3) For purposes of paragraph (1), the term `drugs' means, to the extent feasible, the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of such drug (as defined in section 247(b)(2) of such Act) is-- ``(A) specifically ordered by the health care provider; or ``(B) requested by the individual to whom the drug is provided.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. (2) Medicare+choice plans.--In the case of a Medicare+Choice plan offered by a Medicare+Choice organization under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et seq.), the amendment made by this section shall apply to any drug furnished during contract years beginning on or after January 1, 2001. SEC. 104. APPLICATION TO MEDICAID PROGRAM. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (64), by striking ``and'' at the end; (2) in paragraph (65), by striking the period at the end and inserting ``; and''; and (3) by adding the following new paragraph: ``(66) provide that the State shall, in conjunction with the program established under section 1927(g), to the extent feasible, provide for the use of a generic form of a drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act is-- ``(A) specifically ordered by the provider; or ``(B) requested by the individual to whom the drug is provided.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished under State plans that are approved or renewed on or after the date of enactment of this Act. SEC. 105. APPLICATION TO INDIAN HEALTH SERVICE. (a) In General.--Title II of the Indian Health Care Improvement Act (25 U.S.C. 1621 et seq.) is amended by adding at the end the following new subsection: ``SEC. 225. USE OF GENERIC DRUGS ENCOURAGED. ``In providing health care items or services under this Act, the Indian Health Service shall ensure that, to the extent feasible, any prescriptions that are provided for under this Act are filled by providing the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act) involved, unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 106. APPLICATION TO VETERANS PROGRAMS. (a) Use of Generic Drugs Encouraged.--Subchapter III of chapter 17 of title 38, United States Code, is amended by inserting after section 1722A the following new section: ``Sec. 1722B. Use of generic drugs encouraged ``When furnishing a prescription drug under this chapter, the Secretary shall furnish a generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1722A the following new item: ``1722B. Use of generic drugs encouraged.''. (c) Effective Date.--The amendments made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 107. APPLICATION TO RECIPIENTS OF UNIFORMED SERVICES HEALTH CARE. (a) Use of Generic Drugs Encouraged.--Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1110. Use of generic drugs encouraged ``The Secretary of Defense shall ensure that, whenever feasible, each health care provider who furnishes a drug furnishes the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1109 the following new item: ``1110. Use of generic drugs encouraged.''. (c) Effective Date.--The amendments made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 108. APPLICATION TO FEDERAL PRISONERS. (a) In General.--Section 4006(b) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(3) Use of generic drugs encouraged.--The Attorney General shall ensure that, whenever feasible, each health care provider who furnishes a drug to a prisoner charged with or convicted of an offense against the United States furnishes the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(A) specifically ordered by the prescribing provider; or ``(B) requested by the prisoner for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS SEC. 201. THERAPEUTIC EQUIVALENCE OF GENERIC DRUGS. (a) In General.--Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended-- (1) in paragraph (5), by adding at the end the following new subparagraph: ``(E)(i) For each abbreviated application filed under paragraph (1), the Secretary shall determine whether the new drug for which the application is filed is the therapeutic equivalent of the listed drug referred to in paragraph (2)(A)(i) prior to the approval of the application. ``(ii) For purposes of clause (i), a new drug is the therapeutic equivalent of a listed drug if-- ``(I) each active ingredient of the new drug and the listed drug is the same; ``(II) the new drug and the listed drug (aa) are of the same dosage form; (bb) have the same route of administration; (cc) are identical in strength or concentration; (dd) meet the same compendial or other applicable standards, except that the drugs may differ in shape, scoring, configuration, packaging, excipient, expiration time, or, subject to paragraph (2)(A)(v), labeling; and (ee) are expected to have the same clinical effect and safety profile when administered to patients under conditions specified in the labeling; and ``(III) the new drug does not (aa) present a known or potential bioequivalence problem and meets an acceptable in vitro standard; or (bb) if the new drug presents a known or potential bioequivalence problem, the drug is shown to meet an appropriate bioequivalence standard. ``(iii) With respect to a new drug for which an abbreviated application is filed under paragraph (1), the provisions of this subparagraph shall supersede any provisions of the law of any State relating to the determination of the therapeutic equivalence of the drug to a listed drug.''; and (2) in paragraph (7)(A), by adding at the end the following: ``(iv) The Secretary shall include in each revision of the list under clause (ii) on or after the date of enactment of this clause the official and proprietary name of each listed drug that is therapeutically equivalent to a new drug approved under this subsection during the preceding 30-day period, as determined under paragraph (5)(E).''. (b) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM SEC. 301. SENSE OF THE SENATE REGARDING A PREFERENCE FOR THE USE OF GENERIC PHARMACEUTICALS UNDER THE MEDICARE PROGRAM. It is the sense of the Senate that legislative language requiring, to the extent feasible, a preference for the safe and cost-effective use of generic pharmaceuticals should be considered in conjunction with any legislation that adds a comprehensive prescription drug benefit to the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).", "summary": "Makes similar changes under the Federal Employee Health Benefits program, Medicare program, Medicaid program, and programs affecting Indians, veterans, the uniformed services, and prisoners. Title II: Therapeutic Equivalence Requirements for Generic Drugs - Amends the Federal Food, Drug, and Cosmetic Act to require that for each abbreviated drug application file there shall be a determination as to whether the new drug for which the application is filed is the therapeutic equivalent of a listed drug prior to the approval of the application. Title III: Generic Pharmaceuticals and Medicare Reform - Expresses the sense of the Senate that legislative language requiring, to the extent feasible, a preference for the safe and cost-effective use of generic pharmaceuticals should be considered in conjunction with any legislation that adds a comprehensive prescription drug benefit to the Medicare program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bank On Our Communities Act of 2009''. SEC. 2. COMMUNITY CREDIT RENEWAL PROGRAM. Section 103 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5213) is amended-- (1) by striking ``In exercising the authorities granted'' and inserting the following: ``(a) In General.--In exercising the authorities granted''; (2) in paragraph (5), by inserting before the semicolon the following: ``, except that the needs of certain small financial institutions may be taken into account, as set forth in paragraph (6), and the viability of certain small financial institutions may be established, as set forth in subsection (b)(3)''; and (3) by adding at the end the following: ``(b) Community Credit Renewal Program.-- ``(1) In general.--There is established within the Treasury the Community Credit Renewal Fund, which shall be used by the Secretary to provide assistance to community banking institutions in an amount not to exceed $15,000,000,000. ``(2) Transfer of funds.--Of amounts made available to carry out this title, the Secretary shall transfer $15,000,000,000 to Community Credit Renewal Fund for purposes of this subsection. ``(3) Determination of viability.--Notwithstanding any other provision of this title, the Secretary shall provide assistance under this subsection to any community banking institution, and a community banking institution may establish its long-term viability for purposes of subsection (a)(4), by demonstrating its receipt of capital from investors other than the Secretary, if-- ``(A) the amount of capital to be received from investors other than the Secretary is equal to or greater than the amount of capital to be received from the Secretary; ``(B) the aggregate amount of capital to be received from the Secretary and from investors other than the Secretary is determined, on the basis of a forward-looking assessment by the institution by its management (in consultation with the appropriate Federal banking agency), to enable the community banking institution to remain well-capitalized (as determined by the appropriate Federal banking agency) even under a reasonably adverse economic scenario during the 2-year period following the date of receipt of such capital, and to increase the outstanding loans of the community banking institution, by December 31, 2010, such that the total amount of commercial and industrial loans is at least 5 percent greater than the smallest amount of such loans held by the community banking institution, as of any quarter-end in calendar year 2009; ``(C) not later than-- ``(i) 20 business days prior to the proposed date of the investment by the Secretary, the community banking institution notifies the Secretary, or the designee selected by the Secretary to receive such notice, of the amount of capital that the community banking institution proposes to solicit from investors other than the Secretary, on the condition that such capital will be matched or supplemented by an investment by the Secretary, and of the amount of capital that the community banking institution proposes be invested by the Secretary; and ``(ii) the close of business on the 5th business day after the date of the receipt of notice under clause (i) (or such longer period as the Secretary may reasonably establish, up to an additional 10 business days), the Secretary does not notify the community banking institution of the refusal of the Secretary to make the matching or supplementary investment and the grounds for such refusal, including the determination of the Secretary, in consultation with the appropriate Federal banking agency, that the aggregate amount of capital to be raised would not be enough to meet the requirements of this subsection, provided, however, that the Secretary may not refuse to make a matching or supplementary investment to an institution solely on the grounds that the institution holds a CAMEL composite rating of 3 under the Uniform Financial Institutions Rating System (or an equivalent rating under a comparable rating system); ``(D) the capital is received from investors other than the Secretary on the same day as the date of receipt of capital from the Secretary, and such date is prior to the earlier of-- ``(i) 9 months after the date of enactment of this subsection; or ``(ii) September 30, 2010; and ``(E) the aggregate amount of funds invested by the Secretary under this subsection does not exceed $15,000,000,000. ``(4) Lending incentives and penalties.-- ``(A) Penalties.-- ``(i) In general.--The interest rate or dividend to be paid on the Federal capital provided under this subsection by a community banking institution shall be increased to a penalty rate established by the Secretary, which shall be not less than 5 percentage points higher than the initial dividend or interest rate set for all community banking institutions assisted under this subsection if, by December 31, 2010, the community banking institution has failed-- ``(I) to increase its total amount of commercial, industrial, and consumer loans by a dollar amount that is equal to the amount of capital received from the Secretary; or ``(II) to increase its total amount of commercial and industrial loans by a dollar amount that is at least 5 percent greater than the smallest amount of such loans held by the community banking institution as of any quarter end of the first three quarters in calendar year 2009. ``(ii) Exemption authority.--The Secretary may provide for exceptions to the provisions of this paragraph in the case of exigent circumstances, as determined by the Secretary. ``(B) Incentives for commercial and industrial loans.--Notwithstanding any other provision of this title-- ``(i) for each dollar that a community banking institution that has received assistance under this subsection does in commercial and industrial loans above the amounts described in subparagraph (A)(i)(II)-- ``(I) the community banking institution may redeem or repurchase one dollar of securities or stock held by the Secretary at a discount level established by the Secretary, except that such level shall be a minimum of 20 percent below par; or ``(II) the Secretary may, by rule, allow for a reduction in the interest or dividend paid on the securities; and ``(ii) if the dollar increase in lending by a community banking institution that has received assistance under this subsection exceeds the total Federal assistance under this subsection, the Secretary may establish rules for additional discounts on redemption of stock or securities held by the Secretary. ``(5) Definitions.--As used in this subsection-- ``(A) the term `community banking institution' means a insured depository institution, or a holding company thereof, having total assets of less than $5,000,000,000; and ``(B) the terms `insured depository institution' and `appropriate Federal banking agency' have the same meanings as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).''.", "summary": "Bank On Our Communities Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to provide that the needs and viability of insured depository institutions with total assets of less than $5 billion (small financial institutions) may be taken into account by the Secretary of the Treasury when exercising authority under EESA. Establishes within the Treasury the Community Credit Renewal Fund to provide up to $15 billion in assistance to community banking institutions. Prescribes the manner in which a community banking institution may establish its long-term viability by demonstrating receipt of capital from investors other than the Secretary. Subjects a community banking institution to penalties if has failed by December 31, 2010, to: (1) increase its total amount of commercial, industrial, and consumer loans by a dollar amount equal to the amount of capital received from the Secretary; or (2) increase its total amount of commercial and industrial loans by a dollar amount at least 5 % greater than the smallest amount of such loans held by the community banking institution as of any quarter end of the first three quarters in calendar year 2009. Prescribes lending incentives to spur commercial and industrial loans by a community banking institution."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``No Qualified Teacher Left Behind Act of 2004''. SEC. 2. AMENDMENTS TO ESEA RELATING TO TEACHER QUALIFICATIONS. (a) Highly Qualified Definition.--Paragraph (23) of section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended-- (1) in subparagraph (B)(ii)-- (A) in subclause (I), by striking ``or'' at the end; and (B) by striking subclause (II) and inserting the following: ``(II) successful completion, in each of the academic subjects in which the teacher teaches, of an academic major or minor, a graduate degree, State certification of sufficient college-level coursework to satisfy this subclause, or advanced certification; or ``(III) passing a high objective uniform State standard of evaluation described in subparagraph (C)(ii) in each of the academic subjects in which the teacher teaches; and''; and (2) in clause (ii) of subparagraph (C)-- (A) in subclause (V), by striking ``but not be based primarily on'' and inserting ``but not be based solely on''; (B) by redesignating subclauses (VI) and (VII) as subclauses (VII) and (VIII), respectively; and (C) by inserting after subclause (V) the following: ``(VI) takes into consideration any professional development being pursued;''. (b) Rural School Districts.-- (1) Extension.--Subsection (a) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended by adding at the end the following: ``(4) Rural school districts.-- ``(A) In general.--Notwithstanding the deadline described in paragraphs (2) and (3), a plan developed by a State educational agency or a local educational agency under this subsection shall ensure that all teachers who are described in such paragraphs, but are teaching in a rural school district, are highly qualified not later than the end of the 2008-2009 school year. ``(B) Definition.--For purposes of this paragraph, a rural school district means a local educational agency that-- ``(i) meets the eligibility criteria described in section 6211(b), including by obtaining a waiver under paragraph (2) of such section; and ``(ii) employs a percentage of teachers who are not highly qualified that is higher than the corresponding percentage for the State involved.''. (2) Additional funding.--Section 6234 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7355c) is amended-- (A) by striking ``There are'' and inserting ``(a) In General.--There are''; and (B) by adding at the end the following: ``(b) Highly Qualified Teachers.--For the purpose of making grants under subpart 2 to be used for teacher recruitment, retention, and professional development activities described in section 6222(a) in rural school districts (as that term is defined in section 1119(a)(4)), there are authorized to be appropriated $50,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 and 2007. Such authorization of appropriations is in addition to the authorization of appropriations in subsection (a).''. (c) Core Academic Subjects Only.--Paragraph (1) of section 1119(a) (20 U.S.C. 6319(a)) is amended by inserting ``, teaching in core academic subjects,'' after ``hired after such day''. (d) Proportion of Inexperienced Teachers.--Subparagraph (C) of section 1111(b)(8) (20 U.S.C. 6311(b)(8)) is amended by striking ``inexperienced, unqualified, or out-of-field teachers'' and inserting ``unqualified or out-of-field teachers''. (e) Other Grantees.--Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: ``SEC. 9537. HIGHLY QUALIFIED TEACHERS. ``No entity may receive any funds under this Act unless, irrespective of whether the entity has applied for a grant under part A of title I, the entity ensures that all elementary school and secondary school teachers employed by the entity and teaching in core academic subjects are highly qualified not later than-- ``(1) the end of the 2005-2006 school year; or ``(2) in the case of a teacher in a rural school district (as that term is defined in section 1119(a)(4)), the end of the 2008-2009 school year.''.", "summary": "No Qualified Teacher Left Behind Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) with respect to teacher qualifications. Revises the definition of highly qualified teacher, in the case of middle or secondary school teachers who are new to the profession. Includes consideration of any professional development being pursued, in determining such qualifications for elementary, middle, or secondary school teachers who are not new to the profession. Provides for rural school districts: (1) an extension of a deadline for having highly qualified teachers; and (2) an authorization of additional appropriations for grants for teacher recruitment, retention, and professional development. Revises requirements for qualified teachers under ESEA title I part A (I-A) programs for disadvantaged students to: (1) apply only to teachers of core subjects; and (2) eliminate reference to the proportion of inexperienced teachers. Requires all ESEA grantees, whether under I-A or not, to meet specified qualification deadlines for all teachers of core subjects whom they employ."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Opportunity and Mortgage Equity Act of 2013''. SEC. 2. AFFORDABLE REFINANCING OF MORTGAGES OWNED OR GUARANTEED BY FANNIE MAE AND FREDDIE MAC. (a) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the refinancing of qualified mortgages on single-family housing owned by such enterprise through a refinancing mortgage, and for the purchase of and securitization of such refinancing mortgages, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Such program shall require such refinancing of a qualified mortgage upon the request of the mortgagor made to the applicable enterprise and a determination by the enterprise that the mortgage is a qualified mortgage. (b) Qualified Mortgage.--For purposes of this section, the term ``qualified mortgage'' means a mortgage, without regard to whether the mortgagor is current on or in default on payments due under the mortgage, that-- (1) is an existing first mortgage that was made for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as the principal residence of the mortgagor; (2) is owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (3) was originated on or before the date of the enactment of this Act. (c) Refinancing Mortgage.--For purposes of this section, the term ``refinancing mortgage'' means a mortgage that meets the following requirements: (1) Refinancing of qualified mortgage.--The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing qualified mortgage. (2) Single-family housing.--The property that is subject to the mortgage shall be the same property that is subject to the qualified mortgage being refinanced. (3) Interest rate.--The mortgage shall bear interest at a single rate that is fixed for the entire term of the mortgage, which shall be equivalent to the premium received by the enterprise on the qualified mortgage being refinanced plus the cost of selling a newly issued mortgage having comparable risk and term to maturity in a mortgage-backed security, as such rate may be increased to the extent necessary to cover, over the term to maturity of the mortgage, any fee paid to the servicer pursuant to subsection (d), the cost of any title insurance coverage issued in connection with the mortgage, and, as determined by the Director, a portion of any administrative costs of the program under this section as may be attributable to the mortgage. (4) Waiver of prepayment penalties.--All penalties for prepayment or refinancing of the qualified mortgage that is refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (5) Term to maturity.--The mortgage shall have a term to maturity of not more than 40 years from the date of the beginning of the amortization of the mortgage. (6) Prohibition on borrower fees.--The servicer conducting the refinancing shall not charge the mortgagor any fee for the refinancing of the qualified mortgage through the refinancing mortgage. (7) Title insurance.--The fee for title insurance coverage issued in connection with the mortgage shall be reasonable in comparison with fees for such coverage available in the market for mortgages having similar terms. (d) Fee to Servicer.--The Director may, in the Director's sole discretion, require each enterprise to pay to the servicer of a qualified mortgage a fee, in such amount as the Director considers appropriate, for each qualified mortgage of an enterprise that the servicer refinances through a refinancing mortgage pursuant to this section. (e) No Appraisal.--The enterprises may not require an appraisal of the property subject to a refinancing mortgage to be conducted in connection with such refinancing. (f) Termination.--The requirement under subsection (a) for the enterprises to refinance qualified mortgages shall not apply to any request for refinancing made after the expiration of the one-year period beginning on the date of the enactment of this Act, except that the Director may, by notice published before the expiration of such period, extend such period for such additional time as the Director considers appropriate. (g) Definitions.--For purposes of this section, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (h) Regulations.--The Director shall issue any regulations or guidance necessary to carry out the program under this section.", "summary": "Housing Opportunity and Mortgage Equity Act of 2013 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs) each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage (and for the purchase of and securitization of such refinancing mortgages) in accordance with this Act and the policies and procedures of the Federal Housing Finance Agency (FHFA). Defines a qualified mortgage as one, regardless of whether the mortgagor is current on payments due or in default, that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence; (2) is owned or guaranteed by the particular GSE; and (3) was originated on or before enactment of this Act. Specifies the terms and conditions of a refinancing mortgage, including a 40-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage. Authorizes the FHFA Director, in his or her sole discretion, to require each enterprise to pay a servicer an appropriate fee for each qualified mortgage of an enterprise that the servicer refinances through a refinancing mortgage. Prohibits any requirement of a property appraisal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Simplification and Opportunity Act of 2011''. SEC. 2. TEMPORARY STUDENT LOAN DEBT CONVERSION AUTHORITY. (a) Repeal.-- (1) In general.--Section 459A of the Higher Education Act of 1965 (20 U.S.C. 1087i-1) is repealed. (2) Conforming amendments.--Part D of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended-- (A) in section 451(a) (20 U.S.C. 1087a), by striking ``(1) to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994; and (2) for purchasing loans under section 459A.'' and inserting ``to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994.''; and (B) in section 459B(a)(2)(B) (20 U.S.C. 1087i- 2(a)(2)(B)), by striking ``purchased by the Secretary pursuant to section 459A'' and inserting ``purchased by the Secretary pursuant to section 459A under the terms of that provision in effect on or before June 30, 2010, or converted by the Secretary pursuant to section 459A''. (b) Student Loan Debt Conversion.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by inserting after section 459 the following: ``SEC. 459A. TEMPORARY AUTHORITY TO CONVERT STUDENT LOAN DEBT. ``(a) In General.-- ``(1) Authority.--The Secretary shall, at the request of an eligible borrower (as described in subsection (b)), convert an eligible student loan debt (as described in subsection (c)) into a Federal debt by paying the holder of the eligible student loan the outstanding balance of principal and interest on that loan, and the borrower shall enter into an agreement to repay to the Secretary the amount advanced to convert the debt to a Federal debt. ``(2) Duration of authority.--The Secretary shall convert eligible student loan debt under this section for those eligible borrowers whose applications for conversion are received on or after January 1, 2012 and before October 1, 2012. ``(3) Designation of loan.--The repayment obligation of the borrower whose eligible student loan debt was repaid by the Secretary and converted to a Federal debt under this section shall be referred to as a `FFEL Debt Conversion Loan'. ``(b) Eligible Borrower.--A borrower is eligible for a FFEL Debt Conversion Loan if the borrower, in addition to the loans described in subsection (c), has an outstanding loan that was made under this part, or an outstanding loan that was purchased by the Secretary pursuant to section 459A under the terms of that provision in effect on or before June 30, 2010. ``(c) Eligible Student Loan Debt.--A student loan of an eligible borrower is eligible for payment by a FFEL Debt Conversion Loan if-- ``(1) the loan was made, insured, or guaranteed under part B, and not previously purchased by the Secretary pursuant to section 459A under the terms of that provision in effect on or before June 30, 2010; ``(2) the loan is not in default; and ``(3) the loan is not delinquent for 270 days or more. ``(d) Terms and Conditions of Debt Conversion Loans.-- ``(1) Continuation of terms.--A FFEL Debt Conversion Loan shall be repayable by the borrower under the same terms and conditions as were applicable under the promissory note signed by the borrower for the eligible student loan debt being repaid by the Secretary under this section, including such terms as applied when the borrower entered repayment, and the availability of grace periods and deferments. ``(2) Aggregate loan limits.--Notwithstanding any other provision of this title, a FFEL Debt Conversion Loan shall be included in the calculation of the aggregate loan limit that was applicable to the borrower's eligible student loan for which the FFEL Debt Conversion Loan was obtained. ``(3) Other terms.-- ``(A) FFEL terms.--Other borrower benefits offered by the originating lender or the holder of the eligible student loan being repaid that are not specified in part B or in the borrower's promissory note for that loan are not available with respect to a FFEL Debt Conversion Loan. ``(B) Direct loan terms.--Except as provided in paragraph (5), benefits offered only for loans made under this part are not available with respect to a FFEL Debt Conversion Loan. ``(4) Fees.-- ``(A) No fees imposed by secretary.--The Secretary shall not charge the borrower any origination or other fee for the making of a FFEL Debt Conversion Loan. ``(B) No fees imposed by holder of eligible student loan debt.--Notwithstanding any other provision of law, the holder of an eligible student loan shall not charge the Secretary or the borrower any origination or other fee, including any fee for providing the information described in subsection (e), for the conversion of the eligible student loan debt to a FFEL Debt Conversion Loan. ``(5) Ffel debt conversion benefits.--The Secretary may offer benefits to a borrower of a FFEL Debt Conversion Loan, in an amount that shall not exceed 2 percent of the amount advanced on the FFEL Debt Conversion Loan, which may include payments to borrowers, reductions in the outstanding principal and interest on the FFEL Debt Conversion Loan, or such other benefits as the Secretary may establish. ``(e) Information From Holders of Student Loan Debt Eligible for Conversion.--A holder of an eligible student loan shall promptly provide the Secretary with the amount outstanding and such other information as may be needed to convert that debt under this section. ``(f) Notification.--Not later than December 1, 2011, the Secretary shall notify eligible borrowers-- ``(1) of their eligibility to convert an eligible student loan debt under this section; and ``(2) of the time frame for applying for such conversion.''. (c) Conforming Amendments.-- (1) Cohort default rate.--Section 435(m)(2) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)(2)) is amended by adding at the end the following: ``(E) For purposes of this subsection, a borrower who obtains a FFEL Debt Conversion Loan under section 459A shall continue to be considered as having entered repayment on the date the borrower entered repayment on the eligible student loan debt that was repaid by the Secretary and converted to a Federal debt under that section.''. (2) Contracts.--Section 456(b) of the Higher Education Act of 1965 (20 U.S.C. 1087f(b)) is amended-- (A) in paragraph (2), by inserting ``, converted,'' after ``made''; and (B) in paragraph (3), by inserting ``, converted,'' after ``made''. (3) Federal consolidation loans.--Section 428C(a)(4)(C) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(a)(4)(C)) is amended by inserting ``or converted'' after ``made''. (4) Income-based repayment.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended-- (A) in subsection (a)(3)(A), by inserting ``converted,'' after ``made,''; (B) in subsection (b)(1), by inserting ``converted,'' after ``made,''; and (C) in subsection (c), by inserting ``converted,'' after ``made,''. (d) Inapplicability of Title IV Negotiated Rulemaking and Master Calendar Exception.--Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the amendments made by this section, or to any regulations promulgated under those amendments. (e) Annual Cost Estimate.--Notwithstanding any other provision of this Act or an amendment made by this Act, the Secretary of Education shall carry out the requirement of section 459A(e)(3) of the Higher Education Act of 1965, as in effect on the day before the date of enactment of this Act, with respect to the annual cost estimates required to be submitted not later than February 15, 2012. (f) Funds for Federal Pell Grants.--The proceeds to the Federal Government from the temporary authority to convert student loan debt provided by the amendments made by this Act shall be used to carry out Federal Pell Grants under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a).", "summary": "Student Loan Simplification and Opportunity Act of 2011 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to repeal the Secretary of Education's authority, under the Direct Loan (DL) program, to purchase or enter into forward commitments to purchase: (1) Federal Family Education Loans (FFELs) from lenders, upon the determination that there is an inadequate availability of loan capital to meet the demand for such loans; and (2) rehabilitated loans that eligible lenders purchased under the FFEL default reduction program. (Currently, the Secretary's authority to purchase or enter into forward commitments to purchase such loans is set to expire in July 2010, as is the FFEL program.) Authorizes the Secretary to offer borrowers FFEL Debt Conversion Loans, until October 2012, that cover FFELs that have not been purchased under the program this Act repeals, provided such borrowers: (1) are not in default or delinquent for 270 days or more on such loans, and (2) have an outstanding DL or an outstanding FFEL that was purchased pursuant to the program this Act repeals. (FFEL Debt Conversion Loans pay the holder of the FFEL the outstanding principal and interest on the loan, which the borrower is then obligated to repay to the Secretary under the terms of the converted FFEL.) Authorizes the Secretary to offer benefits to borrowers of FFEL Debt Conversion Loans in an amount up to 2% of the amount advanced on the FFEL Debt Conversion Loan. Requires federal proceeds from this Act's temporary authorization of FFEL Debt Conversion Loans to be used for the Pell grant program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Classification Act of 1994''. SEC. 2. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION. (a) In General.--The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the following new title: ``TITLE VIII--CLASSIFICATION OF INFORMATION ``classification criteria ``Sec. 801. (a) Information may be classified under this title only if the interest of the public in knowing such information is outweighed by the damage to the national security of the United States which demonstrably could be expected to result from the public release of such information. ``(b) If there is reasonable doubt about the need to classify information, it shall not be classified. ``(c) Information that may be considered for classification is information that includes (but is not limited to) any of the following concerns: ``(1) The ability of the United States military to defend the Nation from armed aggression, engage in armed conflict, or participate in peacekeeping or multinational operations abroad. ``(2) The vulnerability of United States Government personnel, facilities, weapons technology, or related systems to armed attack, loss or compromise, or measures that would weaken their effectiveness or counter their capabilities. ``(3) Diplomatic relations between the United States and another country or international organization of governments. ``(4) Intelligence sources and methods, including those related to covert actions and cryptologic activities. ``(5) The ability of the United States to apply critical research or technology to the national defense or foreign relations of the United States. ``(d) In no case shall information be classified in order to-- ``(1) conceal violations of law, inefficiency, or administrative error; ``(2) prevent embarrassment to a person, organization, or agency; ``(3) restrain competition; ``(4) prevent or delay the release of information that does not require protection in the interests of national security; ``(5) control access to basic scientific research information not clearly related to the national security; ``(6) control information after it has been released to the public or a member thereof under proper authority; or ``(7) prevent the public release of a compilation of items of information which individually are not classified. ``classification levels ``Sec. 802. (a) Information may be classified if at the time the original classification decision is made either of the following is identified or described: ``(1) Exceptionally grave damage to the national security of the United States which could demonstrably be expected to result from the public release of such information. ``(2) Serious damage to the national security of the United States which could demonstrably be expected to result from the public release of such information. ``(b) Information shall be classified under subsection (a)(2) if there is a reasonable doubt about the appropriate level of classification. ``(c)(1) Information obtained directly from a foreign government may retain the classification assigned by that foreign government if the foreign government is on the list published under section 805(b)(3). ``(2) Information obtained directly from a foreign government that is not on the list published under section 805(b)(3) may only be classified under this title. ``classification authority ``Sec. 803. Original classification authority may only be exercised by the President and such other officials as the President may designate. The President shall publish annually in the Federal Register the officials designated under this section to exercise original classification authority. ``duration of classification ``Sec. 804. (a) To the extent possible, the original classification authority shall determine the date when or event upon which declassification shall occur, based on the duration of the national security sensitivity of the information. The date or event may not exceed the periods specified in subsection (b), except as provided in subsection (c). ``(b) Except as provided in subsection (c)-- ``(1) information classified under section 802(a)(1) shall be marked for declassification not later than the end of the 10-year period beginning on the date of the original classification decision; and ``(2) information classified under section 802(a)(2) shall be marked for declassification not later than the end of the 6- year period beginning on the date of the original classification decision. ``(c)(1) Not earlier than 180 days before the scheduled date of declassification of information, the original classification authority or successor may extend the period for which such information is to remain classified. Any such extension shall be based on the continued existence of the basis for the original classification, as specified in the original classification determination. ``(2) The period of extension of the classification of information under paragraph (1) may not exceed the original period for which such information was classified. ``(3) Additional periods of extension of classification of information under this subsection may be made in accordance with this subsection. ``(d) Whenever information classified under this title is requested for release under any other provision of law, the original classification authority or successor shall review the basis for the original classification decision and determine whether the information can be declassified or whether the classification level can be reduced. ``(e)(1) Except as provided in paragraph (3), information classified under Executive Order 12356, as in effect on the day before the date of approval of the joint resolution under section 806, may remain classified for the shorter of-- ``(A) the original period specified in the original classification of the information, beginning on the date of such original classification, or ``(B) the 25-year period beginning on the date of the original classification of such information. ``(2) Upon the expiration of the period applicable under paragraph (1) to information, the information shall be declassified unless the period of classification is extended under subsection (c). ``(3) In the case that, with respect to information, both periods specified under paragraph (1) either have expired or will expire within 180 days after the date of approval of the joint resolution under section 806, the information shall be declassified on the date that is 180 days after such date unless the period of classification is extended under subsection (c). ``information security oversight office ``Sec. 805. (a) There shall be the Information Security Oversight Office, to be headed by a director appointed by the President. ``(b) The Office shall be responsible for the following: ``(1) All functions and responsibilities exercised by the Information Security Oversight Office as such functions and responsibilities existed on the day before the date of enactment of this title. ``(2)(A) A periodic review of the classification of information under this title, including-- ``(i) the appropriateness of the level of classification to the information classified; and ``(ii) the basis for the classification decision with respect to the information. ``(B) Referring to the original classification authority or successor for reconsideration of questions concerning information raised pursuant to paragraph (2). ``(3) The annual determination of, and publication of a list of, foreign governments that have written procedures generally applicable to the classification of information that are available to the public. ``(c) This section shall take effect on the date of approval of the joint resolution under section 806. ``congressional approval of implementing actions ``Sec. 806. (a) The President shall develop a proposal for implementing this title and shall submit such proposal to the Congress for approval in accordance with subsection (b). ``(b)(1) The proposal referred to in subsection (a) may not take effect until after Congress approves the proposal by joint resolution in accordance with this section. ``(2) Any such joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. ``(3) For the purpose of expediting the consideration and enactment of joint resolutions under this subsection, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. ``definitions ``Sec. 807. For the purposes of this title: ``(1) The term `information' means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the United States Government. ``(2) The term `original classification' means an initial determination that information requires, in the interest of national security, protection against public release.''. (b) Conforming Amendment.--The table of contents of the National Security Act of 1947 is amended by adding at the end the following: ``TITLE VIII--CLASSIFICATION OF INFORMATION ``Sec. 801. Classification criteria. ``Sec. 802. Classification levels. ``Sec. 803. Classification authority. ``Sec. 804. Duration of classification. ``Sec. 805. Information Security Oversight Office. ``Sec. 806. Congressional approval of implementing actions. ``Sec. 807. Definitions.''.", "summary": "Information Classification Act of 1994 - Amends the National Security Act of 1994 to add provisions relating to the classification and declassification of information. Allows information to be classified under such Act only if the public interest in knowing such information is outweighed by national security damage which could be expected to result from the release of such information. Provides that if there is reasonable doubt about the need to classify information, it shall not be classified. Specifies information that may be classified (military, diplomatic, or intelligence information, or research or technology critical to the national defense) and purposes for which information shall not be classified (to conceal violations of law, inefficiency, or error, prevent embarassment, restrain competition, or control access to information not clearly related to national security). Provides: (1) classification levels (exceptionally grave damage, serious damage); (2) classification authority only for the President and his designees; and (3) classification duration (ten years for the highest classification, six for the next level, with authorized extensions). Establishes the Information Security Oversight Office. Requires such Office to periodically review the classification of information under such Act. Directs the President to develop and submit to the Congress for approval a proposal for implementing this Act. Requires congressional approval by joint resolution."}
{"article": "SECTION 1. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of any alien described in paragraph (2) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2005; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily, from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who is a national of Haiti-- (1) who was physically present in the United States on December 1, 1995; and (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for adjustment of status under this subsection is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation, removal, or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for at least 1 year; (B) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (C) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this subsection is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.", "summary": "Provides for the adjustment to permanent resident status of certain Haitian nationals (and spouses and children)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Drug Coverage Parity Act of 2011''. SEC. 2. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS. (a) Employee Retirement Income Security Act of 1974 Amendments.-- (1) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 716. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS. ``(a) In General.--Subject to subsection (b), a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides benefits with respect to intravenously administered or injected anticancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration. ``(b) Limitation.--Subsection (a) shall only apply to anticancer medication that is prescribed based on a finding by the treating physician that the medication-- ``(1) is medically necessary for the purpose of killing or slowing the growth of cancerous cells in a manner that is in accordance with nationally accepted standards of medical practice; ``(2) is clinically appropriate in terms of type, frequency, extent site, and duration; and ``(3) is not primarily for the convenience of the patient, physician, or other health care provider. ``(c) Application of Cost-Sharing and Restrictions.-- ``(1) In general.--The coverage of anticancer medication under subsection (a) may be subject to annual deductibles and coinsurance or copayments so long as such deductibles, coinsurance, and copayments do not exceed the deductibles, coinsurance, and copayments that are applicable to intravenously administered or injected anticancer medications under the plan or coverage for the same purpose. ``(2) Restriction.--A group health plan or health insurance issuer may not, in order to comply with the requirement of subsection (a)-- ``(A) impose an increase in out-of-pocket costs with respect to anticancer medications; or ``(B) reclassify benefits with respect to anticancer medications. ``(d) Application of Notice, Prohibitions, Etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section, except that January 1, 2012, shall be substituted for the date referred to in subsection (b)(3) of such section. ``(e) Construction.--Nothing in this section shall be construed-- ``(1) to require the use of orally administered anticancer medications as a replacement for other anticancer medications; or ``(2) to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy.''. (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 716''. (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 716''. (4) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 714 the following new items: ``Sec. 715. Additional market reforms. ``Sec. 716. Parity in coverage for oral anticancer drugs.''. (b) Public Health Service Act Amendments.--(1) Title XXVII of the Public Health Service Act is amended by inserting after section 2728 (42 U.S.C. 300gg-28), as redesignated by section 1001(2) of the Patient Protection and Affordable Care Act (Public Law 111-148), the following new section: ``SEC. 2729. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS. ``(a) In General.--Subject to subsection (b), a group health plan, and a health insurance issuer offering group or individual health insurance coverage, that provides benefits with respect to intravenously administered or injected anticancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration. ``(b) Limitation.--Subsection (a) shall only apply to anticancer medication that is prescribed based on a finding by the treating physician that the medication-- ``(1) is medically necessary for the purpose of killing or slowing the growth of cancerous cells in a manner that is in accordance with nationally accepted standards of medical practice; ``(2) is clinically appropriate in terms of type, frequency, extent site, and duration; and ``(3) is not primarily for the convenience of the patient, physician, or other health care provider. ``(c) Application of Cost-Sharing and Restrictions.-- ``(1) In general.--The coverage of anticancer medication under subsection (a) may be subject to annual deductibles and coinsurance or copayments so long as such deductibles, coinsurance, and copayments do not exceed the deductibles, coinsurance, and copayments that are applicable to intravenously administered or injected anticancer medications under the plan or coverage for the same purpose. ``(2) Restriction.--A group health plan or health insurance issuer may not, in order to comply with the requirement of subsection (a)-- ``(A) impose an increase in out-of-pocket costs with respect to anticancer medications; or ``(B) reclassify benefits with respect to anticancer medications. ``(d) Application of Notice, Prohibitions, Etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the Employee Retirement and Income Security Act of 1974 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section, except that January 1, 2012, shall be substituted for the date referred to in subsection (b)(3) of such section. ``(e) Construction.--Nothing in this section shall be construed-- ``(1) to require the use of orally administered anticancer medications as a replacement for other anticancer medications; or ``(2) to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy.''. (2) Section 2724(c) of such Act (42 U.S.C. 300gg-23(c)), as redesignated by section 1001(4) and subsection (c)(14) of the section 1563 (relating to conforming amendments) of Public Law 111-148, is amended by striking ``section 2704'' and inserting ``sections 2725 and 2729''. (3) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2729''. (4) For purposes of applying section 2729 of the Public Health Service Act, as inserted by paragraph (1), to individual health insurance coverage before 2014, the provisions of such section shall be treated as also included under part B of title XXVII of the Public Health Service Act. (c) Internal Revenue Code Amendments.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986, as amended by subsection (f) of the section 1563 (relating to conforming amendments) of Public Law 111-148, is amended by adding at the end the following new section: ``SEC. 9816. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS. ``(a) In General.--Subject to subsection (b), a group health plan that provides benefits with respect to intravenously administered or injected anticancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration. ``(b) Limitation.--Subsection (a) shall only apply to anticancer medication that is prescribed based on a finding by the treating physician that the medication-- ``(1) is medically necessary for the purpose of killing or slowing the growth of cancerous cells in a manner that is in accordance with nationally accepted standards of medical practice; ``(2) is clinically appropriate in terms of type, frequency, extent site, and duration; and ``(3) is not primarily for the convenience of the patient, physician, or other health care provider. ``(c) Application of Cost-Sharing and Restrictions.-- ``(1) In general.--The coverage of anticancer medication under subsection (a) may be subject to annual deductibles and coinsurance or copayments so long as such deductibles, coinsurance, and copayments do not exceed the deductibles, coinsurance, and copayments that are applicable to intravenously administered or injected anticancer medications under the plan for the same purpose. ``(2) Restriction.--A group health plan may not, in order to comply with the requirement of subsection (a)-- ``(A) impose an increase in out-of-pocket costs with respect to anticancer medications; or ``(B) reclassify benefits with respect to anticancer medications. ``(d) Application of Notice, Prohibitions, Etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the Employee Retirement and Income Security Act of 1974 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section, except that January 1, 2012, shall be substituted for the date referred to in subsection (b)(3) of such section. ``(e) Construction.--Nothing in this section shall be construed-- ``(1) to require the use of orally administered anticancer medications as a replacement for other anticancer medications; or ``(2) to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy.''. (2) Clerical amendment.--The table of sections for such subchapter is amended by adding at the end the following new items: ``Sec. 9815. Additional market reforms. ``Sec. 9816. Parity in coverage for oral anticancer drugs.''. (d) Clarifying Amendment Regarding Application to Grandfathered Plans.--Section 1251(a)(4)(A) of the Patient Protection and Affordable Care Act (Public Law 111-148; 42 U.S.C. 18011(a)(4)(A)), as added by section 2301(a) of Public Law 111-152, is amended by adding at the end the following new clause: ``(v) Section 2729 (relating to standards relating to benefits for minor child's congenital or developmental deformity or disorder), as added by section 2(b) of the Cancer Drug Coverage Parity Act of 2011.''. (e) Effective Date.--The amendments made by this section shall apply with respect to group health plans for plan years beginning on or after January 1, 2012, and with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (f) Study.--Not later than 2 years after the date of the enactment of this Act-- (1) the Medicare Payment Advisory Commission shall complete a study that assesses how closing the Medicare part D donut hole under the amendments made by section 3301 of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by section 1101 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), affects Medicare coverage for orally administered anticancer medications, with a particular focus on cost and accessibility; and (2) submit a report to Congress on the results of such study.", "summary": "Cancer Drug Coverage Parity Act of 2011 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group or individual health plan providing benefits for intravenously administered or injected anticancer medications to provide no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration (FDA). Applies such requirement to medication that is prescribed based on a finding by the treating physician that the medication is: (1) medically necessary for the purpose of killing or slowing the growth of cancerous cells in accordance with nationally accepted standards of medical practice; (2) clinically appropriate in terms of type, frequency, extent site, and duration; and (3) not primarily for the convenience of the patient, physician, or other health care provider. Permits such coverage to be subject to the same cost-sharing applicable to intravenously administered or injected anticancer medications under the plan. Prohibits a health plan from imposing an increase in out-of-pocket costs, or reclassifying benefits, with respect to anticancer medications. Requires a plan to provide notice to each participant and beneficiary regarding the coverage required under this Act. Prohibits a health plan from taking specified actions to avoid the requirements of this Act. Requires the Medicare Payment Advisory Commission to assess how closing the Medicare part D donut hole affects Medicare coverage for orally administered anticancer medications, with a particular focus on cost and accessibility."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Nurse Act of 2011''. SEC. 2. NATIONAL NURSE FOR PUBLIC HEALTH. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following: ``SEC. 1711. NATIONAL NURSE FOR PUBLIC HEALTH. ``(a) Establishment.-- ``(1) In general.--There is established within the Office of the Surgeon General a full-time position, to be filled by registered nurse to be known as the National Nurse for Public Health. ``(2) Procedure.--Except for the initial appointment of the National Nurse for Public Health under paragraph (3), the Secretary shall appoint the National Nurse for Public Health in accordance with Commissioned Corps Instruction CC23.4.6 (relating to Chief Professional Officer Nominations), as in effect on February 13, 2008. ``(3) Initial appointment.--Not later than 30 days after the date of enactment of this section, the Secretary shall appoint the individual serving as the Chief Nurse Officer of the Public Health Service as of the date of the enactment of this section as the first National Nurse for Public Health. ``(b) Rank and Grade.--The National Nurse for Public Health shall have the same rank and grade as the Deputy Surgeon General of the Public Health Service. ``(c) Duties.--The National Nurse for Public Health shall carry out the following: ``(1) Provide leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, including providing representation for the Government of the United States at the Global Forum for Government Chief Nursing and Midwifery Officers and serving as a member of the Federal Nursing Service Council. ``(2) Represent the Surgeon General and the agencies of Public Health Service in communications with groups and societies concerned with nursing issues at the local, State, national, and international levels. ``(3) Provide guidance and advice to the Surgeon General and the Nurse Professional Advisory Committee on matters such as standards, recruitment, retention, readiness, and career development of nurses employed by and contracted with agencies of the Public Health Service. ``(4) Conduct media campaigns and make personal appearances for purposes of paragraphs (5) through (7). ``(5) Provide guidance and leadership for activities to promote the public health, including encouraging nurses and other health professionals to be volunteers and developing projects that educate the public about and engage the public in prevention practices to achieve better health. ``(6) Provide guidance and leadership to encourage nurses to engage in furthering their education in order to conduct nursing research, increase the awareness of evidence-based practice, and educate future nurses. ``(7) Provide guidance and leadership for activities that will increase public safety and emergency preparedness. ``(d) National Health Priorities--Healthy People 2020.-- ``(1) In general.--The National Nurse for Public Health, in cooperation with the Surgeon General of the Public Health Service, heads of the agencies of the Public Health Service, States, and organizations that represent health professionals, shall participate in the identification of national health priorities. ``(2) Addressing national health priorities.--The National Nurse for Public Health, in addressing national health priorities, shall encourage volunteerism of nurses and other individuals, and strengthen the relationship between Government agencies and health-related national organizations. ``(3) Community-based projects.-- ``(A) Implementation.--In addressing national health priorities, the National Nurse for Public Health shall-- ``(i) provide guidance and coordination on recommended activities to organizations; ``(ii) acknowledge successful programs and encourage their replication; ``(iii) promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities; ``(iv) encourage practicing nurses and other health professionals, including retired health professionals and students enrolled in health professional programs, to participate in health promotion activities and replicate successful health promotion activities; and ``(v) monitor activities being conducted through the collection and evaluation of data to determine if national health priorities are being addressed. ``(B) Media campaigns.--The National Nurse for Public Health shall ensure that media campaigns conducted under subsection (c)(4) include media campaigns regarding the national health priorities. ``(C) Evaluations.--The National Nurse for Public Health shall, directly or through awards of grants or contracts, evaluate the activities encouraged by the National Nurse for Public Health and conducted by community-based, nonprofit organizations to determine the extent to which such activities have succeeded in carrying out national health priorities. ``(D) Dissemination of information.--The National Nurse for Public Health shall disseminate information to governmental agencies, schools, and community-based, nonprofit organizations interested in health promotion and improving public health through community action. ``(e) Authorization of Appropriations.--For carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2012 through 2016.''.", "summary": "National Nurse Act of 2011 - Amends the Public Health Service Act to establish the position of National Nurse for Public Health within the Office of the Surgeon General. Includes among the duties of such position providing leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, conducting media campaigns, and providing guidance and leadership for activities that will increase public safety and emergency preparedness. Requires the National Nurse for Public Health to: (1) participate in identification of national health priorities, (2) encourage volunteerism of nurses and strengthen the relationship between government agencies and health-related national organizations, and (3) promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``White House Inspector General Act of 1996''. SEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE PRESIDENT. (a) Establishment of Office.--Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1) by inserting ``the President (with respect only to the Executive Office of the President),'' after ``means''; and (2) in paragraph (2) by inserting ``the Executive Office of the President,'' after ``means''. (b) Appointment of Inspector General.--Not later than 120 days after the effective date of this Act, the President shall nominate an individual as the Inspector General of the Executive Office of the President pursuant to the amendments made by subsection (a). SEC. 3. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE EXECUTIVE OFFICE OF THE PRESIDENT. The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by redesignating the second section 8G (regarding a rule of construction) as section 8I; and (2) by inserting after the first section 8G (regarding requirements for Federal entities and designated Federal entities) the following: ``SEC. 8H. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE EXECUTIVE OFFICE OF THE PRESIDENT. ``(a) Authority, Direction, and Control of President.-- Notwithstanding the last 2 sentences of section 3(a), the Inspector General of the Executive Office of the President shall be under the authority, direction, and control of the President with respect to audits or investigations, or the issuance of subpoenas, which require access to information concerning-- ``(1) ongoing criminal investigations or proceedings; ``(2) undercover operations; ``(3) the identity of confidential sources, including protected witnesses; ``(4) deliberations and decisions on policy matters, including documented information used as a basis for making policy decisions; ``(5) intelligence or counterintelligence matters; or ``(6) other matters the disclosure of which would constitute a serious threat to the national security, or would cause significant impairment to the national interests (including interests in foreign trade negotiations), of the United States. ``(b) Prohibiting Activities of Inspector General.--With respect to information described in subsection (a), the President may prohibit the Inspector General of the Executive Office of the President from carrying out or completing any audit or investigation, or issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation or to issue such subpoena, if the President determines that-- ``(1) the disclosure of that information would interfere with the core functions of the constitutional responsibilities of the President; and ``(2) the prohibition is necessary to prevent the disclosure of that information. ``(c) Notice.-- ``(1) Notice to inspector general.--If the President makes a determination referred to in subsection (b)(1) or (2), the President shall within 30 days notify the Inspector General in writing stating the reasons for that determination. ``(2) Notice to congress.--Within 30 days after receiving a notice under paragraph (1), the Inspector General shall transmit a copy of the notice to each of the Chairman and the ranking minority party member of the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Affairs of the Senate, and other appropriate committees or subcommittees of the Congress. ``(d) Semiannual Reports.-- ``(1) Information to be included.--The Inspector General of the Executive Office of the President shall include in each semiannual report to the President under section 5, at a minimum-- ``(A) a list of the title or subject of each inspection, investigation, or audit conducted during the reporting period; ``(B) a statement of whether corrective action has been completed on each significant recommendation described in previous semiannual reports, and, in a case where corrective action has been completed, a description of such corrective action; ``(C) a certification that the Inspector General has had full and direct access to all information relevant to the performance of functions of the Inspector General; ``(D) a description of all cases occurring during the reporting period in which the Inspector General could not obtain documentary evidence relevant to any inspection, audit, or investigation due to a determination of the President under subsection (b); and ``(E) such recommendations as the Inspector General considers appropriate concerning legislation to promote economy and efficiency in the administration of programs and operations undertaken by the Executive Office of the President, and to detect and eliminate fraud, waste, and abuse in such programs and operations. ``(2) Transmission to congress.--Within 30 days after receiving a semiannual report under section 5 from the Inspector General of the Executive Office of the President, the President shall transmit the report to each of the Chairman and the ranking minority party member of the Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate with any comments the President considers appropriate.''. SEC. 4. EFFECTIVE DATE. This Act shall take effect on January 21, 1997.", "summary": "White House Inspector General Act of 1996 - Amends the Inspector General Act of 1978 to: (1) establish an Office of Inspector General (IG) in the Executive Office of the President; (2) require the IG to serve under the President's authority, direction, and control with respect to matters concerning ongoing criminal investigations, policy making, and national security (unless the President notifies the IG that disclosure of pertinent information would interfere with the core functions of the President's constitutional responsibilities); and (3) require the IG to comply with the same semiannual reporting requirements that all other IGs are subject to and, at a minimum, supply additional specified information as well."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2004''. SEC. 2. MEDICARE COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (Y), by striking ``and'' at the end; (2) in subparagraph (Z), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(AA) counseling for cessation of tobacco use (as defined in subsection (bbb));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Counseling for Cessation of Tobacco Use ``(bbb)(1)(A) Subject to subparagraph (B), the term `counseling for cessation of tobacco use' means diagnostic, therapy, and counseling services for cessation of tobacco use for individuals who use tobacco products or who are being treated for tobacco use which are furnished-- ``(i) by or under the supervision of a physician; ``(ii) by a practitioner described in clause (i), (iii), (iv), (v) or (vi) of section 1842(b)(18)(C); or ``(iii) by a licensed tobacco cessation counselor (as defined in paragraph (2)). ``(B) Such term is limited to-- ``(i) services recommended in `Treating Tobacco Use and Dependence: A Clinical Practice Guideline', published by the Public Health Service in June 2000, or any subsequent modification of such Guideline; and ``(ii) such other services that the Secretary recognizes to be effective. ``(2) In this subsection, the term `licensed tobacco cessation counselor' means a tobacco cessation counselor who-- ``(A) is licensed as such by the State (or in a State which does not license tobacco cessation counselors as such, is legally authorized to perform the services of a tobacco cessation counselor in the jurisdiction in which the counselor performs such services); and ``(B) meets uniform minimum standards relating to basic knowledge, qualification training, continuing education, and documentation that are established by the Secretary for purposes of this subsection.''. (c) Payment and Elimination of Cost-Sharing for Counseling for Cessation of Tobacco Use.-- (1) Payment and elimination of coinsurance.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(V)''; and (B) by inserting before the semicolon at the end the following: ``, and (W) with respect to counseling for cessation of tobacco use (as defined in section 1861(ww)), the amount paid shall be 100 percent of the lesser of the actual charge for the service or the amount determined by a fee schedule established by the Secretary for purposes of this subparagraph''. (2) Elimination of coinsurance in outpatient hospital settings.-- (A) Exclusion from opd fee schedule.--Section 1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C. 1395l(t)(1)(B)(iv)) is amended by striking ``and diagnostic mammography'' and inserting ``, diagnostic mammography, or counseling for cessation of tobacco use (as defined in section 1861(bbb))''. (B) Conforming amendments.--Section 1833(a)(2) of the Social Security Act (42 U.S.C. 1395l(a)(2)) is amended-- (i) in subparagraph (F), by striking ``and'' after the semicolon at the end; (ii) in subparagraph (G)(ii), by striking the comma at the end and inserting ``; and''; and (iii) by inserting after subparagraph (G)(ii) the following new subparagraph: ``(H) with respect to counseling for cessation of tobacco use (as defined in section 1861(bbb)) furnished by an outpatient department of a hospital, the amount determined under paragraph (1)(W),''. (3) Elimination of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``and'' before ``(6)''; and (B) by inserting before the period the following: ``, and (7) such deductible shall not apply with respect to counseling for cessation of tobacco use (as defined in section 1861(bbb))''. (d) Application of Limits on Billing.--Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A licensed tobacco cessation counselor (as defined in section 1861(bbb)(2)).''. (e) Inclusion as Part of Initial Preventive Physical Examination.-- Section 1861(ww)(2) of the Social Security Act (42 U.S.C. 1395x(ww)(2)) is amended by adding at the end the following new subparagraph: ``(L) Counseling for cessation of tobacco use (as defined in subsection (bbb)).''. (f) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 1 year after the date of enactment of this Act. SEC. 3. MEDICARE COVERAGE OF TOBACCO CESSATION PHARMACOTHERAPY. (a) Inclusion of Tobacco Cessation Agents as Covered Drugs.-- Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w- 102(e)(1)) is amended-- (1) in subparagraph (A), by striking ``or'' after the semicolon at the end; (2) in subparagraph (B), by striking the comma at the end and inserting ``; or''; and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) any agent approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco cessation that may be dispensed without a prescription (commonly referred to as an `over-the-counter' drug), but only if such an agent is prescribed by a physician (or other person authorized to prescribe under State law),''. (b) Establishment of Categories and Classes Consisting of Tobacco Cessation Agents.--Section 1860D-4(b)(3)(C) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)(C)) is amended by adding at the end the following new clause: ``(iv) Categories and classes of tobacco cessation agents.--There shall be a therapeutic category or class of covered part D drugs consisting of agents approved by the Food and Drug Administration for cessation of tobacco use. Such category or class shall include tobacco cessation agents described in subparagraphs (A) and (C) of section 1860D- 2(e)(1).''. (c) Conforming Amendment.--Section 1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by striking ``, other than subparagraph (E) of such section (relating to smoking cessation agents),''. SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM. (a) Coverage of Tobacco Cessation Counseling Services.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (A) in paragraph (26), by striking ``and'' after the semicolon at the end; (B) by redesignating paragraph (27) as paragraph (28); and (C) by inserting after paragraph (26) the following new paragraph: ``(27) at the option of the State, counseling for cessation of tobacco use (as defined in section 1861(bbb)); and''. (2) Conforming amendment.--Section 1902(a)(10)(C)(iv) of the Social Security Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by inserting ``or (27)'' after ``(24)''. (b) Elimination of Optional Exclusion From Medicaid Prescription Drug Coverage for Tobacco Cessation Medications.--Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended-- (1) by striking subparagraph (E); (2) by redesignating subparagraphs (F) through (J) as subparagraphs (E) through (I), respectively; and (3) in subparagraph (F) (as redesignated by paragraph (2)), by inserting before the period at the end the following: ``, other than agents approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco cessation''. (c) Removal of Cost-Sharing for Tobacco Cessation Counseling Services and Medications.--Subsections (a)(2) and (b)(2) of section 1916 of the Social Security Act (42 U.S.C. 1396o) are each amended-- (1) in subparagraph (D), by striking ``or'' after the comma at the end; (2) in subparagraph (E), by striking ``; and'' and inserting ``, or''; and (3) by adding at the end the following new subparagraph: ``(F)(i) counseling for cessation of tobacco use described in section 1905(a)(27); or ``(ii) covered outpatient drugs (as defined in paragraph (2) of section 1927(k), and including nonprescription drugs described in paragraph (4) of such section) that are prescribed for purposes of promoting, and when used to promote, tobacco cessation; and''. (d) Increased FMAP for Tobacco Cessation Counseling Services and Medications.--The first sentence of section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended-- (1) by striking ``and'' before ``(4)''; and (2) by inserting before the period the following: ``, and (5) for purposes of this title, the Federal medical assistance percentage shall be 80 percent with respect to amounts expended as medical assistance for counseling for cessation of tobacco use described in subsection (a)(27) and for covered outpatient drugs (as defined in paragraph (2) of section 1927(k), and including nonprescription drugs described in paragraph (4) of such section) that are prescribed for purposes of promoting, and when used to promote, tobacco cessation''. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 1 year after the date of enactment of this Act. SEC. 5. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT PROGRAM. (a) Quality Maternal and Child Health Services Includes Tobacco Cessation Counseling and Medications.--Section 501 of the Social Security Act (42 U.S.C. 701) is amended by adding at the end the following new subsection: ``(c) For purposes of this title, quality maternal and child health services include the following: ``(1) Counseling for cessation of tobacco use (as defined in section 1861(bbb)). ``(2) The encouragement of the prescribing and use of agents approved by the Food and Drug Administration for purposes of tobacco cessation. ``(3) The inclusion of messages that discourage tobacco use in health promotion counseling.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act.", "summary": "Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of: (1) counseling for cessation of tobacco use; and (2) tobacco cessation pharmacotherapy. Provides for similar benefits under SSA titles V (Maternal and Child Health Services) and XIX (Medicaid)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive and Open Markets That Protect and Enhance the Treatment of Entrepreneurs Act of 2007'' or the ``Compete Act of 2007''. SEC. 2. DEFINITIONS. For purposes of this Act, the terms ``audit'', ``Board'', ``Commission'', ``issuer'', and ``public accounting firm'' have the same meanings as in section 2 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201). SEC. 3. INTERNAL CONTROL REPORTING AND EVALUATION. Section 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)) is amended to read as follows: ``(b) Internal Control Reporting and Evaluation.-- ``(1) Auditor attestation and report.-- ``(A) In general.--With respect to the internal control assessment required by subsection (a), each registered public accounting firm that prepares or issues the audit report for the issuer shall, at the interval determined under paragraph (2), attest to, and report on, the assessment made by the management of the issuer. ``(B) Content.--The attestation and report on the management assessment required by this paragraph-- ``(i) shall focus on the process and system management used-- ``(I) to identify and manage risks; ``(II) to identify and implement key controls; and ``(III) to come to a conclusion on the effectiveness of the internal controls over financial reporting; and ``(ii) shall not include a separate opinion on the outcome of the assessment, including any pass or fail opinion by the auditor on the effectiveness of the internal controls of management over financial reporting. ``(2) Intervals for attestation and report.--The regulations of the Commission under this section-- ``(A) shall require that the attestation and report required by paragraph (1) be performed during an initial reporting period, and then at 3-year intervals; and ``(B) may require a shorter interval in the event of a major shift in the structure or performance of the issuer, such as a merger, a significant financial restatement, evidence of fraud, or other such events, as determined by the Commission ``(3) Standards for attestation and report.-- ``(A) Risk-based evaluation.-- ``(i) In general.--An attestation made under this subsection shall be made in accordance with standards for attestation engagements issued or adopted by the Board. ``(ii) Requirements.--The standards issued or adopted by the Board for purposes of this subsection shall require that the audit of the management assessment of the internal controls of the issuer shall-- ``(I) be designed, on the basis of the probability of risk and magnitude of potential harm, to focus on those controls that are critical to the accuracy of the financial statements of the issuer; ``(II) be consistent with the materiality standards prescribed by the Commission under paragraph (4); and ``(III) require that the determination by the auditor of the controls that create the greatest risk to the company shall be made in consultation with management of the issuer, and shall identify those greatest risks in consideration of the characteristics of the industry within which the issuer operates. ``(B) Reliance on the work of others.--The standards issued or adopted by the Board for purposes of this subsection shall eliminate duplication of audits and examinations-- ``(i) by allowing registered public accounting firms performing attestations and reports under this subsection to rely on examinations and inspections conducted by Federal and State regulatory agencies-- ``(I) to the extent that such examinations and inspections focus on the risk-based internal controls of the issuer; and ``(II) to the extent practicable, without affecting the timely completion of the examinations and inspections; ``(ii) where the issuer has engaged a third-party accountant to test and provide its management assessment of the internal control systems, by permitting-- ``(I) the third-party accountant to work with registered public accounting firms performing attestations and reports under this subsection on determining the controls to be tested and the scope of the work; ``(II) the registered public accounting firms performing attestations and reports under this subsection to rely heavily on the work of the third-party accountant during the attestation engagement to avoid repetitive testing; and ``(III) management of the issuer to communicate openly with the registered public accounting firms performing attestations and reports under this subsection on all aspects of its internal controls. ``(C) Definition.--For purposes of subparagraph (B)(ii), the term `third-party accountant' means a registered public accounting firm other than the registered public accounting firm that is engaged to perform the attestation and report under this subsection. ``(4) Materiality standard.--The Commission shall develop a standard of materiality for the conduct of the assessment and report on an internal control under this subsection that shall be based on the relationship of the internal control to the reasonably possible effects on the financial statements of the issuer, and its significance to the overall financial status of the issuer.''. SEC. 4. SMALLER PUBLIC COMPANY OPTION REGARDING INTERNAL CONTROL PROVISION. Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding at the end the following: ``(c) Smaller Public Company Option.-- ``(1) Voluntary compliance.--A smaller issuer shall not be subject to the requirements of subsection (a), unless the smaller issuer voluntarily elects to comply with such requirements, in accordance with regulations prescribed by the Commission. Any smaller issuer that does not elect to comply with subsection (a) shall state such election, together with the reasons therefor, in its annual report to the Commission under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)). ``(2) Definition.-- ``(A) In general.--For purposes of this subsection, and subject to subparagraph (B), the term `smaller issuer' means an issuer for which an annual report is required by section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)), that-- ``(i) has a total market capitalization at the beginning of the relevant reporting period of less than $700,000,000; ``(ii) has total product and services revenue for that reporting period of less than $125,000,000; or ``(iii) has, at the beginning of the relevant reporting period, fewer than 1500 record beneficial holders. ``(B) Annual adjustments.--The amounts referred to in clauses (i) and (ii) of subparagraph (A) shall be adjusted annually to account for changes in the Consumer Price Index for all urban consumers, United States city average, as published by the Bureau of Labor Statistics.''. SEC. 5. COMPETITION FOR AUDITING SERVICES. (a) Study Required.--The Commission and the Board shall jointly conduct a study examining the lack of, and impediments to, robust competition for the performance of audits for issuers. (b) Subjects of Study.--The study required by this section shall examine-- (1) the causes for, and the measures that may be taken to alleviate, the concentration of audit performance in only 4 large public accounting firms capable of servicing the larger issuers; and (2) the extent to which the Commission and the Board may, under existing law, take reasonable steps-- (A) to increase the number of qualified accounting firms; and (B) to eliminate de minimis conflict of interest provisions. (c) Report.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Commission and the Board shall submit a joint report on the study required by this section to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Requirements.--The report required by this subsection shall-- (A) contain the results of the examination of each of the subjects identified in subsection (b); (B) make recommendations to the accounting industry of measures that may be undertaken under existing provisions of law, regulations, and standards to alleviate the concentration described in subsection (b)(1); (C) identify the measures that the Commission and the Board should be authorized to undertake to alleviate such concentration; and (D) make any recommendations to Congress for changes in the laws administered by the Commission and the Board that the Commission or the Board consider appropriate and necessary on the basis of the study. SEC. 6. PRINCIPLES-BASED GUIDANCE STUDY. (a) Study Required.--The Commission and the Board shall jointly conduct a study comparing and contrasting the principles-based Turnbull Guidance under the securities laws of Great Britain to the implementation of section 404 of the Sarbanes-Oxley Act of 2002. (b) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Commission and the Board shall submit a joint report on the study required by this section to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Requirements.--The report required by this subsection shall-- (A) compare the relative accounting and other costs of the principles-based Turnbull Guidance under the securities laws of Great Britain and the implementation of section 404 of the Sarbanes-Oxley Act of 2002, in relation to the relative reduction in the level of risk to investors and increase in the level of investor confidence in the financial statements of issuers; and (B) recommend to the Congress appropriate measures to alleviate accounting and other costs in relation to the reduction of such risk and the increase in such confidence.", "summary": "Competitive and Open Markets That Protect and Enhance the Treatment of Entrepreneurs Act of 2007, or the Compete Act of 2007 - Amends the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley) to revise requirements for the internal control assessment component of a securities issuer's annual report. Requires the attestation and report by a registered public accounting firm on an issuer's management assessment of its internal control structure and procedures to focus upon the process and system used by management to identify and manage risks, identify and implement key controls, and come to a conclusion on the effectiveness of the internal controls over financial reporting. Prohibits an auditor's attestation and report from including a separate (pass/fail) opinion on the effectiveness of such internal controls. Requires such attestation and report to be performed at three-year intervals. Prescribes standards for such attestations and reports, including a risk-based evaluation. Permits attestations and reports to rely on examinations and inspections by federal and state regulatory agencies. Instructs the Securities and Exchange Commission (SEC) to develop a standard of materiality for such assessments and reports based upon the relationship of the internal control to the reasonably possible effects on the financial statements of the issuer, and its significance to the overall financial status of the issuer. Exempts a smaller public company from the requirements for management assessment of internal controls, unless it voluntarily elects to comply with them. Directs the SEC and the Public Company Accounting Oversight Board to jointly conduct studies: (1) examining the lack of, and impediments to, robust competition for the performance of audits for issuers; and (2) comparing and contrasting the principles-based Turnbull Guidance under the British securities laws to the implementation of section 404 of Sarbanes-Oxley (concerning management assessment of internal controls)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Justice Act of 2001''. SEC. 2. ESTABLISHMENT. There is established the Fair Justice Agency (in this Act referred to as the ``Agency''), which shall be an independent agency in the executive branch of the Government. SEC. 3. DIRECTOR. (a) In General.--There is at the head of the Agency a Director, who shall be responsible for the exercise of all powers and the discharge of all duties of the Agency. (b) Appointment.--The Director shall be appointed for a term of ten years by the President, by and with the advice and consent of the Senate, from among persons who, by reason of general background and experience, are specially qualified to manage the full range of responsibilities of the Director. (1) Background check.--The pre confirmation background check for the Director shall be conducted by the law enforcement divisions of the Department of Treasury. (c) Pay.-- (1) In general.--The Director shall be paid at the rate payable for level II of the Executive Schedule. (2) Conforming amendment.--Section 5313 of title 5, United States Code, is amended by adding at the end the following item: ``Director, Fair Justice Agency.''. (d) Travel Expenses.--The Director and individuals appointed under section 5(a) shall receive travel expenses in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Dismissal.-- (1) In general.--The Director may be dismissed only by the President for inefficiency, neglect of duty, or malfeasance in office. (2) Report.--Within five days after dismissing a Director under this subsection, the President shall submit to the Congress a report containing a detailed statement of the reasons for the dismissal. SEC. 4. INVESTIGATIVE AND PROSECUTORIAL AUTHORITY. (a) In General.--The Director may investigate and prosecute any alleged misconduct, criminal activity, corruption, or fraud by an officer or employee of the Department of Justice. (b) Specific Functions and Powers.--The authority of the Director under subsection (a) shall include the following: (1) Conducting proceedings before grand juries and other investigations. (2) Participating in court proceedings and engaging in any litigation, including civil and criminal matters, that the Director considers necessary. (3) Appealing any decision of a court in any case or proceeding in which the Director participates in an official capacity. (4) Reviewing all documentary evidence available from any source. (5) Determining whether to contest the assertion of any testimonial privilege. (6) Receiving appropriate national security clearances and, if necessary, contesting in court (including participating in camera proceedings) any claim of privilege or attempt to withhold evidence on grounds of national security. (7) Making applications to any Federal court for a grant of immunity to any witness, consistent with applicable statutory requirements, or for warrants, subpoenas, or other court orders, and for purposes of this Act exercising the authority of a United States attorney or the Attorney General under sections 6003, 6004, and 6005 of title 18, United States Code. (8) Inspecting, obtaining, or using the original or a copy of any tax return, in accordance with the applicable statutes and regulations, and, for purposes of this Act exercising the authority vested in a United States attorney or the Attorney General under section 6103 of the Internal Revenue Code of 1986 and the regulations issued thereunder. (9) Initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing informations, and handling all aspects of any case, in the name of the United States. (10) Consulting with the United States attorney for the district in which any violation of law being investigated or prosecuted by the Director is alleged to have occurred. SEC. 5. OFFICERS AND EMPLOYEES (a) Officers and Employees.--The Director may appoint and fix the compensation of such officers and employees, including attorneys, as the Director considers appropriate. (b) Applicability of Certain Civil Service Laws.--Such officers and employees shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Experts and Consultants.--The Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the maximum rate payable under the General Schedule. SEC. 6. ADMINISTRATIVE POWERS. (a) Rules.--The Director may prescribe such procedural and administrative rules and regulations as the Director deems necessary or appropriate to administer and manage the functions now or hereafter vested in the Director. (b) Reorganization.--The Director may establish, alter, consolidate, or discontinue such organizational units or components within the Agency as the Director considers appropriate. (c) Mails.--The Agency may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (d) Administrative Support Services.--Upon the request of the Director, the Administrator of General Services shall provide to the Agency, on a reimbursable basis, the administrative support services necessary for the Agency to carry out its responsibilities under this Act. (e) Contract Authority.--The Director may enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with government and private agencies or persons for supplies and services, to the extent or in the amounts provided in advance in appropriation Acts. (f) Seal of Agency.--The Director shall cause a seal of office to be made for the Agency of such design as the Director shall approve. Judicial notice shall be taken of such seal. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director to carry out this Act $10,000,000 for fiscal year 2001, $15,000,000 for fiscal year 2002, and $20,000,000 for fiscal year 2003.", "summary": "Fair Justice Act of 2001 - Establishes the Fair Justice Agency as an independent executive branch agency to investigate and prosecute alleged misconduct, criminal activity, corruption, or fraud by Department of Justice officers or employees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act''. SEC. 2. DRUG SCREENING MADE A CONDITION OF BENEFIT RECEIPT. (a) In General.--Section 303 of the Social Security Act (42 U.S.C. 503) is amended by adding at the end the following: ``(l)(1) For purposes of subsection (a), the State law (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) of a State shall provide the following: ``(A) No regular compensation may be paid to an applicant for such compensation with respect to a benefit year unless, before the receipt of any such compensation-- ``(i) the applicant has completed a substance abuse risk assessment for such benefit year; and ``(ii) subject to subparagraph (B), if the State determines based on the results of such assessment that the applicant is a high-risk applicant, not later than 1 week after the results of the assessment are determined, the applicant tests negative for controlled substances. ``(B) If a high-risk applicant tests positive for any controlled substance-- ``(i) if such test result is the first positive test result for such applicant in the benefit year-- ``(I) no regular compensation may be paid to such applicant for a period of 30 days beginning on the date that such test result is determined; and ``(II) no regular compensation may be paid to such applicant during the remainder of such benefit year unless the applicant tests negative for controlled substances at the end of such period; ``(ii) if such test result is not the first positive test result for such applicant in the benefit year, no regular compensation may be paid to such applicant during the remainder of such benefit year. ``(C) A high-risk applicant receiving benefits with respect to a benefit year shall be subject to testing for controlled substances by the State at any time during the benefit year, with limited notice provided to the applicant of such testing. ``(D) A high-risk applicant who is tested for controlled substances under-- ``(i) subparagraph (A) or (C) shall be responsible for the cost of such test if the individual tests positive for any such substance; and ``(ii) subparagraph (B)(i)(II) shall be responsible for the cost of such test. ``(2) For purposes of this subsection-- ``(A) the term `benefit year' means the benefit year as defined in the applicable State law; ``(B) the term `controlled substance'-- ``(i) means a drug or other substance selected by the State to be included in drug testing under this subsection; and ``(ii) does not include any drug or other substance used by the applicant pursuant to a valid prescription or as otherwise authorized by law; ``(C) the term `high-risk applicant', with respect to a benefit year, means an individual who is determined by the State to have a high risk of substance abuse based on the results of a substance abuse risk assessment administered under paragraph (1)(A)(i); and ``(D) the term `substance abuse risk assessment' means a screening instrument, approved by the Director of the National Institutes of Health, designed to determine whether an individual has a high risk of substance abuse.''. (b) No Merit Staffing Requirements.--Section 303(a)(1) of the Social Security Act (42 U.S.C. 503(a)(1)) shall not be construed in such a manner as to apply the merit staffing requirements in section 900.603 of title 5, Code of Federal Regulations, as in effect on October 1, 2011, to the implementation of section 303(l) of such Act (as amended by subsection (a)). (c) Funding for Substance Abuse Testing.-- (1) Funding from ipab.--Section 1899A(m) of the Social Security Act is amended-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``to the Board to carry'' and inserting ``for the purposes of carrying out section 303(l), and, if any funds remain in the fiscal year involved, for the Board for the purpose of carrying''; and (B) by striking paragraph (2). (2) Funding from the co-op program.--Section 1322(g) of the Patient Protection and Affordable Care Act is amended by striking ``to carry out this section.'' and inserting ``to carry out section 303(l) of the Social Security Act, to the extent funds are necessary to carry out such section after the application of section 1899A(m)(1) of such Act.''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. (2) Delay permitted if legislation pending.--If a State applies to the Secretary of Labor to delay implementation of the requirements of section 303(l) of the Social Security Act (42 U.S.C. 503(l)) on the grounds that legislation to implement such requirements is pending in the State legislature on the date that is 180 days after the date of the enactment of this Act, the Secretary shall not refuse certification for payment to the State under section 302 of such Act solely on the basis of the failure of the State to implement such requirements before such date.", "summary": "Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act - Amends title III (Grants to States for Unemployment Compensation Administration) of the Social Security Act (SSA) to require state unemployment compensation (UC) laws to require, as a condition of UC eligibility for a benefit year, an applicant, before receiving any UC, to: (1) complete a substance abuse risk assessment; and (2) test negative for controlled substances within one week after the results of such assessment if the state determines that the applicant is a high-risk. Prescribes retesting requirements and UC payment suspensions for applicants who test positive. Amends SSA title XVIII (Medicare) and the Patient Protection and Affordable Care Act to provide funding for such substance abuse testing out of current funds appropriated for the Independent Payment Advisory Board (IPAB) and, after application of those funds, for the Consumer Operated and Oriented Plan (CO-OP) program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Homeland Security Act''. SEC. 2. ESTABLISHMENT. There is established the ``Commission on Homeland Security'' (in this Act referred to as the ``Commission''). SEC. 3. DUTY OF COMMISSION. The Commission shall study procedures to protect the security of the United States, including, but not limited to-- (1) the efficiency and effectiveness with which Federal departments and agencies perform their security missions; (2) the adequacy of Federal personnel resources to perform security missions; (3) the adequacy and effectiveness of Federal controls over financial and information systems; (4) the accuracy, reliability, and security of personal identification information and systems used by the Federal Government under existing law; (5) how effectively Federal departments and agencies are organized to perform security missions; and (6) the effectiveness of relationships among, and activities of, the Federal Government, the States, and municipalities to protect security. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 21 members appointed as follows: (1) Five members appointed by the President, one of whom shall be the Assistant to the President for Homeland Security. (2) Four members appointed by the Speaker of the House of Representatives. (3) Four members appointed by the minority leader of the House of Representatives. (4) Four members appointed by the majority leader of the Senate. (5) Four members appointed by the minority leader of the Senate. (b) Qualifications.--Members of the Commission shall include individuals with expertise in information technology and security, civil liberties issues, and law enforcement issues. (c) Deadline for Appointment.--Members shall be appointed not later than 60 days after the date of the enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Pay.--Members shall serve without pay, but each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The Assistant to the President for Homeland Security shall be the Chairperson of the Commission. SEC. 5. EXECUTIVE DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Executive Director.--The Commission shall have an Executive Director who shall be appointed by the Commission. The Executive Director shall be paid at the rate of basic pay for level IV of the Executive Schedule. (b) Staff.--The Commission may appoint and fix the pay of additional personnel as it considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Executive Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay for GS-15 of the General Schedule. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. HEARINGS AND SESSIONS. The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission shall hold a minimum of eight hearings, including hearings in California, New York, Texas, Illinois, and Florida. SEC. 7. ADDITIONAL POWERS OF COMMISSION. (a) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (b) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (c) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (g) Immunity.--The Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. SEC. 8. REPORT. The Commission shall transmit a report to the President and Congress not later than 14 months after the date of the enactment of this Act containing a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislation and administrative actions that the Commission considers appropriate. SEC. 9. TERMINATION. The Commission shall terminate 30 days after submitting its final report pursuant to section 8. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.", "summary": "Commission on Homeland Security Act - Establishes a Commission on Homeland Security to study procedures to protect the security of the United States, including: (1) the efficiency and effectiveness with which Federal departments and agencies perform their security missions; (2) the adequacy of Federal personnel resources to perform such missions; (3) the adequacy and effectiveness of Federal controls over financial and information systems; (4) the accuracy, reliability, and security of personal identification information and systems used by the Federal Government under existing law; (5) how effectively Federal departments and agencies are organized to perform security missions; and (6) the effectiveness of relationships among, and activities of, the Government, the States, and municipalities to protect security."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Youth Telemental Health Demonstration Project Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) suicide for Indians and Alaska Natives is 2\\1/2\\ times higher than the national average and the highest for all ethnic groups in the United States, at a rate of more than 16 per 100,000 males of all age groups, and 27.9 per 100,000 for males aged 15 through 24, according to data for 2002; (2) according to national data for 2002, suicide was the second-leading cause of death for Indians and Alaska Natives aged 15 through 34 and the fourth-leading cause of death for Indians and Alaska Natives aged 10 through 14; (3) the suicide rates of Indian and Alaska Native males aged 15 through 24 are nearly 4 times greater than suicide rates of Indian and Alaska Native females of that age group; (4)(A) 90 percent of all teens who die by suicide suffer from a diagnosable mental illness at the time of death; and (B) more than \\1/2\\ of the people who commit suicide in Indian Country have never been seen by a mental health provider; (5) death rates for Indians and Alaska Natives are statistically underestimated; (6) suicide clustering in Indian Country affects entire tribal communities; and (7) since 2003, the Indian Health Service has carried out a National Suicide Prevention Initiative to work with Service, tribal, and urban Indian health programs. (b) Purpose.--The purpose of this Act is to authorize the Secretary to carry out a demonstration project to test the use of telemental health services in suicide prevention, intervention, and treatment of Indian youth, including through-- (1) the use of psychotherapy, psychiatric assessments, diagnostic interviews, therapies for mental health conditions predisposing to suicide, and alcohol and substance abuse treatment; (2) the provision of clinical expertise to, consultation services with, and medical advice and training for frontline health care providers working with Indian youth; (3) training and related support for community leaders, family members and health and education workers who work with Indian youth; (4) the development of culturally-relevant educational materials on suicide; and (5) data collection and reporting. SEC. 3. DEFINITIONS. In this Act: (1) Demonstration project.--The term ``demonstration project'' means the Indian youth telemental health demonstration project authorized under section 4(a). (2) Department.--The term ``Department'' means the Department of Health and Human Services. (3) Indian.--The term ``Indian'' means any individual who is a member of an Indian tribe or is eligible for health services under the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (4) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Service.--The term ``Service'' means the Indian Health Service. (7) Telemental health.--The term ``telemental health'' means the use of electronic information and telecommunications technologies to support long distance mental health care, patient and professional-related education, public health, and health administration. (8) Traditional health care practices.--The term ``traditional health care practices'' means the application by Native healing practitioners of the Native healing sciences (as opposed or in contradistinction to Western healing sciences) that-- (A) embody the influences or forces of innate Tribal discovery, history, description, explanation and knowledge of the states of wellness and illness; and (B) call upon those influences or forces in the promotion, restoration, preservation, and maintenance of health, well-being, and life's harmony. (9) Tribal organization.--The term ``tribal organization'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). SEC. 4. INDIAN YOUTH TELEMENTAL HEALTH DEMONSTRATION PROJECT. (a) Authorization.-- (1) In general.--The Secretary is authorized to carry out a demonstration project to award grants for the provision of telemental health services to Indian youth who-- (A) have expressed suicidal ideas; (B) have attempted suicide; or (C) have mental health conditions that increase or could increase the risk of suicide. (2) Eligibility for grants.--Grants described in paragraph (1) shall be awarded to Indian tribes and tribal organizations that operate 1 or more facilities-- (A) located in Alaska and part of the Alaska Federal Health Care Access Network; (B) reporting active clinical telehealth capabilities; or (C) offering school-based telemental health services relating to psychiatry to Indian youth. (3) Grant period.--The Secretary shall award grants under this section for a period of up to 4 years. (4) Maximum number of grants.--Not more than 5 grants shall be provided under paragraph (1), with priority consideration given to Indian tribes and tribal organizations that-- (A) serve a particular community or geographic area in which there is a demonstrated need to address Indian youth suicide; (B) enter into collaborative partnerships with Service or other tribal health programs or facilities to provide services under this demonstration project; (C) serve an isolated community or geographic area which has limited or no access to behavioral health services; or (D) operate a detention facility at which Indian youth are detained. (b) Use of Funds.--An Indian tribe or tribal organization shall use a grant received under subsection (a) for the following purposes: (1) To provide telemental health services to Indian youth, including the provision of-- (A) psychotherapy; (B) psychiatric assessments and diagnostic interviews, therapies for mental health conditions predisposing to suicide, and treatment; and (C) alcohol and substance abuse treatment. (2) To provide clinician-interactive medical advice, guidance and training, assistance in diagnosis and interpretation, crisis counseling and intervention, and related assistance to Service or tribal clinicians and health services providers working with youth being served under the demonstration project. (3) To assist, educate, and train community leaders, health education professionals and paraprofessionals, tribal outreach workers, and family members who work with the youth receiving telemental health services under the demonstration project, including with identification of suicidal tendencies, crisis intervention and suicide prevention, emergency skill development, and building and expanding networks among those individuals and with State and local health services providers. (4) To develop and distribute culturally-appropriate community educational materials on-- (A) suicide prevention; (B) suicide education; (C) suicide screening; (D) suicide intervention; and (E) ways to mobilize communities with respect to the identification of risk factors for suicide. (5) To conduct data collection and reporting relating to Indian youth suicide prevention efforts. (c) Applications.--To be eligible to receive a grant under subsection (a), an Indian tribe or tribal organization shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including-- (1) a description of the project that the Indian tribe or tribal organization will carry out using the funds provided under the grant; (2) a description of the manner in which the project funded under the grant would-- (A) meet the telemental health care needs of the Indian youth population to be served by the project; or (B) improve the access of the Indian youth population to be served to suicide prevention and treatment services; (3) evidence of support for the project from the local community to be served by the project; (4) a description of how the families and leadership of the communities or populations to be served by the project would be involved in the development and ongoing operations of the project; (5) a plan to involve the tribal community of the youth who are provided services by the project in planning and evaluating the mental health care and suicide prevention efforts provided, in order to ensure the integration of community, clinical, environmental, and cultural components of the treatment; and (6) a plan for sustaining the project after Federal assistance for the demonstration project has terminated. (d) Traditional Health Care Practices.--The Secretary, acting through the Service, shall ensure that the demonstration project involves the use and promotion of the traditional health care practices of the Indian tribes of the youth to be served. (e) Collaboration.--The Secretary, acting through the Service, shall encourage Indian tribes and tribal organizations receiving grants under this section to collaborate to enable comparisons about best practices across projects. (f) Annual Report.--Each grant recipient shall submit to the Secretary an annual report that-- (1) describes the number of telemental health services provided; and (2) includes any other information that the Secretary may require. (g) Report to Congress.--Not later than 270 days after the date of termination of the demonstration project, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Resources and the Committee on Energy and Commerce of the House of Representatives a final report that-- (1) describes the results of the projects funded by grants awarded under this section, including any data available that indicate the number of attempted suicides; (2) evaluates the impact of the telemental health services funded by the grants in reducing the number of completed suicides among Indian youth; (3) evaluates whether the demonstration project should be-- (A) expanded to provide more than 5 grants; and (B) designated a permanent program; and (4) evaluates the benefits of expanding the demonstration project to include urban Indian organizations. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,500,000 for each of fiscal years 2007 through 2010. Passed the Senate May 11, 2006. Attest: EMILY J. REYNOLDS, Secretary.", "summary": "Indian Youth Telemental Health Demonstration Project Act of 2006 - Authorizes the Secretary of Health and Human Services to carry out a demonstration project to award up to five grants, of up to four years each, for the provision of telemental health services to Indian youth who have expressed suicidal ideas, have attempted suicide, or have mental health conditions that increase or could increase the risk of suicide. Makes eligible for such grants any Indian tribes and tribal organizations that operate one or more facilities: (1) located in Alaska and part of the Alaska Federal Health Care Access Network; (2) reporting active clinical telehealth capabilities; or (3) offering school-based telemental health services relating to psychiatry to Indian youth."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Facility and Material Security Act of 2008''. SEC. 2. NUCLEAR REACTOR DESIGNS REGARDING AIRCRAFT IMPACT. (a) Final Rule.--Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue a final rule requiring all commercial nuclear power reactors approved for construction after such date of enactment to be designed to withstand a large commercial aircraft impact. Such rule shall address the structural response, shock and vibration effects, and fire effects of the impact. (b) Required Design Features.--Such final rule shall require design features to ensure that-- (1) important safety functions will operate for a sufficient period of time after the impact of a large commercial aircraft so that the unit can be safely shut down and maintained in safe shutdown condition; and (2) the consequences of the impact will not result in a release of radioactive materials to the environment that causes a member of the surrounding community to receive a dose that triggers an evacuation recommendation, consistent with the levels established by the Environmental Protection Agency and the Public Protection Action Guide Limit for Evacuation and Shelter (EPA 400-R-92-001). SEC. 3. SPENT FUEL SECURITY ENHANCEMENTS. (a) Storage Rule.--Not later than 18 months after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue a final rule requiring-- (1) the configuration of spent fuel assemblies stored in spent fuel pools to minimize the risk of fire in the event the spent fuel pools are drained during an accident or terrorist attack; (2) spent nuclear fuel to be transferred from a spent fuel pool into dry cask storage at the earliest possible time that the heat load of the spent fuel material allows for such transfer to occur safely; and (3) mitigation features such as water-spray systems to cool spent fuel in the event spent fuel pools are drained during an accident or terrorist attack. (b) Independent Installation Security.-- (1) Rulemaking requirement.--Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue an Independent Spent Fuel Storage Installation security final rule that makes such installations subject to the security evaluation requirements of section 170D of the Atomic Energy Act of 1954 (42 U.S.C. 2210d). (2) Design basis threat.--The rule issued under paragraph (1) shall provide for incorporating Independent Spent Fuel Storage Installations into the design basis threat rule issued under section 170E of the Atomic Energy Act of 1954 (42 U.S.C. 2210e). SEC. 4. CONSIDERING THE RISK OF ACTS OF TERRORISM ON NUCLEAR FACILITIES. The Nuclear Regulatory Commission shall consider the likely consequences of a potential terrorist attack in any review it is required to undertake under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 5. POTASSIUM IODIDE. (a) Repeal of Waiver Authority.--Section 127(f) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-12 note) is repealed. (b) Jurisdictional Authority.--The Secretary of Health and Human Services shall exercise all Federal authority over the distribution of potassium iodide as a medical prophylaxis for radiological exposure in humans, including all activities under section 127 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-12 note). (c) NAS Studies.--Not later than June 30, 2011, and at least once every 5 years thereafter, the Secretary of Health and Human Services shall enter into an arrangement with the National Academy of Sciences for studies on appropriate emergency response plans to nonroutine releases of radioactive materials, including from nuclear power plants, spent fuel storage facilities, radiological dispersal devices, and improvised nuclear explosive devices. Such studies shall address evacuation, sheltering, food interdiction, and medical prophylaxes for radioiodine and other radioisotopes that are released in such events. Such studies shall-- (1) review relevant evacuations and food interdictions of the preceding five-year period for lessons learned; (2) identify the population that would be exposed by the release and evaluate the potential consequences of such exposure; (3) recommend best practices for emergency response to radiological releases; and (4) evaluate new research on medical prophylaxes for radioiodine and other radioisotopes released in such events and recommend whether additional medical prophylaxes should be procured for the Strategic National Stockpile or State and local stockpiles. (d) Secretary's Actions.--Based on the findings of the studies conducted under subsection (c), the Secretary of Health and Human Services shall-- (1) consider the advisability of procurement for the Strategic National Stockpile, and distribution to State and local governments, of medical prophylaxes other than potassium iodide, against radioiodine and other radiological byproducts; and (2) update the Federal potassium iodide distribution guidelines, including with lessons learned from evacuation events, as necessary. (e) Guidelines.--Section 127(c) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-12 note) is amended to read as follows: ``(c) Guidelines.--Not later than 60 days after the date of enactment of the Nuclear Facility and Material Security Act of 2008, the Secretary of Health and Human Services, in consultation with individuals representing appropriate Federal, State, and local agencies, shall establish guidelines for the stockpiling of potassium iodide tablets, and for the distribution and utilization of potassium iodide tablets in the event of a nuclear incident.''. SEC. 6. AUDIT OF SAFETY AND SECURITY ANALYSIS AND REVIEW ACTIVITIES. Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) is amended by adding at the end the following: ``audit of safety and security analysis and review activities ``Sec. 213. (a) There shall be established within the Office of the Inspector General of the Commission a unit with appropriate and adequate technical staff, including degreed engineers with nuclear power plant experience, which shall audit the Commission's regulatory oversight activities related to safety and security of civilian nuclear facilities. ``(b) There are authorized to be appropriated to the Commission, for carrying out this Act, such sums as may be necessary.''. SEC. 7. RADIATION SOURCE PROTECTION. (a) Categorization of Radiation Sources.--Section 170H f. of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(f)) is amended by adding at the end the following new paragraph: ``(4) Not later than 1 year after the date of the enactment of this paragraph, the task force shall-- ``(A) complete an evaluation of the materials listed in the Code of Conduct; ``(B) make recommendations to amend the Commission's regulatory requirements for certain radiation sources or activity levels of certain radiation sources to account for-- ``(i) risks associated with the deliberate dispersal of those materials from radiation sources, including dispersal for the purpose of causing the ingestion or inhalation of those materials; and ``(ii) the radiation source's potential to cause contamination of large areas, or economic and social disruption that could result from a terrorist attack; and ``(C) designate additional radiation sources for which the risks described in subparagraph (B)(i) and (ii) are particularly high as high-risk radiation sources for purposes of section 2(e) of the Nuclear Facility and Material Security Act of 2008. Upon completion of the recommendations under this paragraph, the Commission shall implement those recommendations by regulation.''. (b) Transportation of Radiation Sources.-- Not later than 18 months after the date of enactment of this Act, the Nuclear Regulatory Commission shall publish a final rule revising its regulations on the security requirements for the transportation of Category 1, 2, and 3 sources (as defined in the Code of Conduct referred to in section 170H a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(a)(1))), including a requirement that shipments of Category 1, 2, and 3 sources be equipped with covert technology that would enable location tracking and recovery in the event the shipments or sources are stolen or diverted. (c) Radiation Source Licensing.--Not later than 18 months after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue a final rule requiring carriers and transporters transporting within the United States radiation sources (as defined in section 170H a.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(a)(2))) to be licensed by the Commission. (d) National Radiation Source Tracking System.--Not later than 2 years after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue a final rule, pursuant to its authority to promote or protect the common defense and security under section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201), and in a manner that maximizes the use of appropriate State government capabilities, to revise Commission regulations with respect to the National Source Tracking System to require technologies and systems that can provide real-time tracking and enable locating-- (1) Category 1, 2, and 3 sources (as defined in the Code of Conduct referred to in section 170H a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(a)(1))); and (2) radiation sources with \\1/10\\ or more of the activity threshold of such Category 3 sources. (e) High-Risk Radiation Sources Security and Replacement.-- (1) Rule.--Not later than 2 years after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue a final rule, pursuant to its authority to promote or protect the common defense and security under section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201), to establish requirements leading to the replacement of all high-risk radiation sources. Such rule shall include provisions that-- (A) discontinue licensing for each application of new high-risk radiation sources as soon as is practicable, but in no event later than 10 years after the date of enactment of this Act, unless technologically feasible alternatives are not available; (B) prescribe a new license fee structure, or other means of guaranteeing the availability of funds, for any new licenses of high-risk radiation sources to ensure that the costs of disposition of the high-risk radiation sources will be covered; (C) provide for incentives for decommissioning and replacing existing high-risk radiation sources; (D) prohibit the export of high-risk radiation sources to other countries; and (E) prescribe enhanced security measures for existing high-risk radiation sources. (2) Task force recommendations.--Not later than 4 years after the initial rule is issued under paragraph (1) or any update is issued under paragraph (3), the Task Force on Radiation Source Protection and Security established under section 170H f. of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(f)) shall review the rule or update and make recommendations for appropriate modifications to the rule or update to account for-- (A) the emergence of new technologies that can be used to replace high-risk radiation sources; and (B) new security threats or intelligence information regarding the risk of a deliberate attack using these radiation sources. (3) Nuclear regulatory commission review.--Taking into consideration the recommendations of the task force under paragraph (2), the Commission shall review and update the rule issued under paragraph (1) not less frequently than once every 5 years to account for-- (A) the emergence of new technologies that can be used to replace high-risk radiation sources; and (B) new security threats or intelligence information regarding the risk of a deliberate attack using these radiation sources. (4) Authorization of appropriations.--There are authorized to be appropriated to the Nuclear Regulatory Commission for carrying out paragraph (1)(C) such sums as may be necessary for the fiscal years 2009 through 2013. (5) Department of energy program.--There are authorized to be appropriated to the Secretary of Energy $50,000,000 for the period encompassing fiscal years 2009 through 2018 for the acceptance, storage, and disposition of high-risk radiation sources by the Department's United States Radiological Threat Reduction Program. (6) Definition.--For purposes of this subsection, the term ``high-risk radiation source'' means cesium chloride and any other radiation source that is designated by the Task Force on Radiation Source Protection and Security under section 170H f.(4)(C) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(f)(4)(C)).", "summary": "Nuclear Facility and Material Security Act of 2008 - Directs the Nuclear Regulatory Commission (NRC) to issue a final rule requiring: (1) all commercial nuclear power reactors approved for construction after enactment of this Act to be designed to withstand a large commercial aircraft impact; and (2) certain spent fuel security enhancements. Directs the NRC to issue an Independent Spent Fuel Storage Installation security final rule that: (1) makes such installations subject to specified security evaluation requirements of the Atomic Energy Act of 1954; and (2) incorporates such installations into a certain design basis threat rule. Requires the NRC to consider the likely consequences of a potential terrorist attack in any review it is required to undertake under the National Environmental Policy Act of 1969. Amends the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 to repeal the statement that certain requirements to make potassium iodide tablets available to state and local governments for stockpiling shall cease to apply if the President determines that there is an alternative and more effective prophylaxis or preventive measures for adverse thyroid conditions that may result from the release of radionuclides from nuclear power plants. Vests the Secretary of Health and Human Services with all federal authority over the distribution of potassium iodide as a medical prophylaxis for radiological exposure in humans. Directs the Secretary to arrange with the National Academy of Sciences (NAS) for studies on appropriate emergency response plans to nonroutine releases of radioactive materials, including from nuclear power plants, spent fuel storage facilities, radiological dispersal devices, and improvised nuclear explosive devices. Directs the Secretary to establish guidelines for the stockpiling and distribution of potassium iodide tablets in the event of a nuclear incident. Amends the Energy Reorganization Act of 1974 to establish within the Office of the Inspector General of the NRC a unit with appropriate and adequate technical staff with nuclear power plant experience to audit NRC regulatory oversight regarding civilian nuclear facilities. Amends the Atomic Energy Act of 1954 to require the NRC to promulgate final rules governing radiation source protection measures. Directs the NRC to publish final rules: (1) revising regulations on security requirements for transportation of radiation sources; (2) requiring carriers and transporters transporting radiation sources within the United States to be licensed by the NRC; (3) revising National Source Tracking System regulations to require technologies and systems that can provide real-time tracking and enable locating of specified radiation sources; and (4) establishing requirements leading to the replacement of all high-risk radiation sources. Authorizes appropriations for the acceptance, storage, and disposition of high-risk radiation sources by the Department of Energy United States Radiological Threat Reduction Program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be referred to as the ``Olympic Commemorative Coins Act''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``Corporation'' shall mean the corporation by the name of ``United States Olympic Committee'' created by the Act entitled ``An Act to incorporate the United States Olympic Association'', approved September 21, 1950 (36 U.S.C. 371 et seq.), as amended; and (2) the term ``Secretary'' shall mean the Secretary of the Treasury. SEC. 3. COMMEMORATIVE COINS PROGRAM. (a) Biannual Olympic Coins.--Beginning in 1997, in each 6-month period prior to the date upon which the Summer or Winter Olympic Games are held in a nation other than the United States, the Secretary shall issue not more than 500,000 commemorative one dollar coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.5 inches; (3) contain 90 percent silver and 10 percent alloy; and (4) bear the design selected by the Secretary pursuant to subsection (f). (b) Olympic Coins When Games Are Held in the United States.--In each year prior to a year in which the Summer or Winter Olympic Games are held in the United States, the Secretary shall develop an expanded multi-coin commemorative coins program in consultation with the Corporation and the Citizens Commemorative Coin Advisory Committee. The Secretary shall issue such coins in the 6-month period prior to the date upon which such games are held. (c) Exclusivity.--During the first 2 months of each period in which coins are issued under this Act, the Secretary shall not issue other commemorative coins. (d) Surcharges.--(1) All sales of the coins issued under subsection (a) shall include a surcharge of $10 per coin. (2) All sales of the coins issued under subsection (b) shall include a surcharge of between $1 and $50 per coin as determined by the Secretary in consultation with the Corporation. (e) Distribution and Use of Surcharges.--(1) All surcharges received by the Secretary from the sale of coins under this Act shall be promptly paid by the Secretary to the Corporation. (2) Funds received by the Corporation under this Act shall be used to carry out the Amateur Sports Act of 1978 (36 U.S.C. 371 et seq.), and not less than 25 percent of such funds shall be used for the objects and purposes of paragraphs (6), (7), and (9) of section 104 of such Act (36 U.S.C. 374). (f) Design.--(1) The design for each coin issued under this Act shall be selected by the Secretary after consultation with the Corporation. (2)(A) On each coin issued under this Act there shall be-- (i) a designation of the value of the coin; (ii) an inscription of the year; and (iii) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (B) On coins issued under this Act there may be, with the consent of the Corporation under section 9 of the Act entitled ``An Act to incorporate the United States Olympic Association'', approved September 21, 1950 (36 U.S.C. 380), the symbol of the International Olympic Committee, the emblem of the Corporation, the words ``Olympic'', ``Olympiad'' or other symbols, emblems, trademarks and names which the Corporation has the exclusive right to use under that section. SEC. 4. LEGAL TENDER. The coins issued under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 5. SOURCES OF BULLION. (a) Silver.--The Secretary shall obtain silver for minting coins under this Act from sources the Secretary determines to be appropriate, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. (b) Gold.--The Secretary shall obtain any gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. SEC. 6. SALE PRICE. Each coin issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coin; (2) the surcharge provided in section 3 with respect to such coin; (3) the cost of designing and issuing the coin (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping); and (4) the estimated profit determined under section 7(b) with respect to such coin. SEC. 7. DETERMINATION OF COSTS AND PROFIT. (a) Determination of Costs.--The Secretary shall determine the costs incurred with respect to coins issued under this Act, including overhead costs. (b) Determination of Profit.--Prior to the sale of each edition of coin issued under this Act, the Secretary shall calculate the estimated profit to be included in the sale price of each such coin under section 6(4). (c) Prohibition on Judicial Review.--Determinations made under this section shall be made at the sole discretion of the Secretary and shall not be subject to judicial review. SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS. Section 5112(j) of title 31, United States Code, shall apply to the procurement of goods and services necessary to carry out the programs and operations of the United States Mint under this Act. SEC. 9. AUDITS AND REPORT. (a) The Comptroller General of the United States shall have the right to examine books, records, documents, and other data of the Corporation related to the expenditure of amounts it has received under section 3(e)(1). (b) The Corporation shall biannually transmit a report to Congress and to the Secretary which shall account for the expenditure of funds received under section 3(e)(1). SEC. 10. FINANCIAL ASSURANCES. It is the sense of Congress that each coin edition issued under this Act should be self-sustaining and should be administered so as not to result in any net cost to the Numismatic Public Enterprise Fund.", "summary": "Olympic Commemorative Coins Act - Directs the Secretary of the Treasury to: (1) issue commemorative one-dollar coins in each six-month period prior to the date upon which the Summer or Winter Olympic Games are held in a nation other than the United States; and (2) develop an expanded multi-coin commemorative coins program in each year prior to a year in which such Games are held in the United States. Expresses the sense of the Congress that each coin edition should be self-sustaining and administered so as not to result in any net cost to the Numismatic Public Enterprise Fund."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bridge Ice and Snow Prevention Pilot Program Act of 2009''. SEC. 2. PILOT PROGRAM. (a) In General.--The Secretary of Transportation shall establish and implement a pilot program to evaluate the effectiveness and efficiency of the use of technologies to prevent ice, snow, and other adverse weather effects associated with freezing temperatures on bridges on the National Highway System. (b) Grant.-- (1) In general.--The Secretary may make grants to not more than 5 States to conduct projects under the pilot program. (2) Applications.--A State seeking a grant under the pilot program shall submit an application to the Secretary in such form, and containing such information, as the Secretary may require. (c) Eligibility.-- (1) Selection of highway bridges.-- (A) In general.--In awarding grants under the pilot program, the Secretary shall select not more than 20 highway bridges for participation in the program. (B) Bridge requirements.--The Secretary may select a highway bridge under subparagraph (A) only if the bridge is-- (i) not greater than 500 feet in length; and (ii) on the National Highway System. (2) Selection of technologies.--The Secretary shall select technologies to be tested under the pilot program that are likely to improve bridge safety, extend the life of a bridge, and promote energy efficiency. (d) Federal Share.--The Federal share payable on account of a project carried out under the pilot program shall not exceed 80 percent of the cost of the project. (e) Duration of Pilot Program.--The Secretary shall carry out the pilot program for a period of no more than 5 fiscal years. (f) Final Report.-- (1) In general.--Not later than 6 months after the last day of the pilot program, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the effectiveness and benefits of the technologies tested under the pilot program. (2) Contents.--The report shall describe, at a minimum, the following: (A) The cost effectiveness of each technology used. (B) The safety impacts of each technology tested and of the pilot program as a whole. (C) Any change in the expected life span of each bridge participating in the pilot program due to the technologies used. (D) The net effect of the pilot program on job creation or job loss. (E) Recommendations for-- (i) an improved or expanded program, if appropriate; and (ii) the use of advanced bridge technology to prevent ice, snow, and other adverse weather effects associated with freezing temperatures on bridges on the National Highway System. (g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $5,000,000 for fiscal year 2011. (h) Availability of Amounts.-- (1) In general.--Amounts made available to carry out this section shall be available for obligation in the same manner as funds apportioned under chapter 1 of title 23, United States Code, except that the Federal share payable on account of a project carried out under the pilot program shall be determined in accordance with this section and such funds shall not be transferable and shall remain available for the duration of the pilot program. (2) Limitation.--A State may not receive a total of more than $2,000,000 in grants under the pilot program. (3) Prohibition of earmarks.--None of the funds appropriated to carry out this section may be used for a congressional earmark, as defined in clause 9(e) of Rule XXI of the Rules of the House of Representatives of the 111th Congress. (i) Report to Congress Relating to Competitive Procedures.--If grants are awarded under this section using procedures other than competitive procedures, the Secretary shall submit to Congress a report explaining why competitive procedures were not used. SEC. 3. DEFINITION. In this Act, the term ``State'' has the meaning given that term in section 101(a) of title 23, United States Code.", "summary": "Bridge Ice and Snow Prevention Pilot Program Act of 2009 - Directs the Secretary of Transportation to establish a pilot program authorizing grants to up to five states to conduct projects to evaluate the effectiveness of technologies to prevent ice, snow, and other adverse weather effects associated with freezing temperatures on National Highway System bridges."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Weather and Oceans Resources Realignment Act''. SEC. 2. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION TO DEPARTMENT OF THE INTERIOR. (a) Transfer of Administration.--The National Oceanic and Atmospheric Administration is transferred to the Department of the Interior. (b) Transfer of Functions.--All functions that are authorized to be performed by the National Oceanic and Atmospheric Administration immediately before the enactment of this Act are transferred to the Secretary of the Interior. (c) Maintenance as Separate Entity.--The National Oceanic and Atmospheric Administration, including all functions of the Secretary of the Interior relating thereto, shall be maintained as a distinct entity in the Department of the Interior. SEC. 3. REFERENCES. Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the National Oceanic and Atmospheric Administration, any agency or other component of such administration, or a function performed by such administration immediately before the enactment of this Act-- (1) to the Secretary of Commerce or another officer of the Department of Commerce is deemed to refer to the Secretary of the Interior; or (2) to the Department of Commerce is deemed to refer to the Department of the Interior. SEC. 4. EXERCISE OF AUTHORITIES. Except as otherwise provided by law, a Federal official to whom a function is transferred by this Act may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act. SEC. 5. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by the President, the Secretary of Commerce, any officer or employee of any office transferred by this Act, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act, and (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (b) Proceedings.--This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits.--This Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Department of Commerce or the Secretary of Commerce, or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this Act, shall abate by reason of the enactment of this Act. (e) Continuance of Suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) Administrative Procedure and Judicial Review.--Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. SEC. 6. TRANSFER OF ASSETS. Except as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. SEC. 7. DELEGATION AND ASSIGNMENT. Except as otherwise expressly prohibited by law or otherwise provided in this Act, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. SEC. 8. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED. (a) Determinations.--If necessary, the Director shall make any determination of the functions that are transferred under this Act. (b) Incidental Transfers.--The Director, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director shall provide for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. SEC. 9. DEFINITIONS. For purposes of this Act-- (1) the term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (2) the term ``office'' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.", "summary": "Weather and Oceans Resources Realignment Act - Transfers all functions of the National Oceanic and Atmospheric Administration (NOAA) to the Department of the Interior."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Inflammatory Bowel Disease Research and Awareness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Crohn's disease and ulcerative colitis are serious inflammatory diseases of the gastrointestinal tract. (2) Crohn's disease may occur in any section of the gastrointestinal tract but is predominately found in the lower part of the small intestine and the large intestine. Ulcerative colitis is characterized by inflammation and ulceration of the innermost lining of the colon. Complete removal of the colon in patients with ulcerative colitis can potentially alleviate and cure symptoms. (3) Because Crohn's disease and ulcerative colitis behave similarly, they are collectively known as inflammatory bowel disease. Both diseases present a variety of symptoms, including severe diarrhea, abdominal pain with cramps, fever, arthritic joint pain, inflammation of the eye, and rectal bleeding. There is no known cause of inflammatory bowel disease, or medical cure. (4) It is estimated that up to 1,400,000 people in the United States suffer from inflammatory bowel disease, 30 percent of whom are diagnosed during their childhood years. (5) Children with inflammatory bowel disease miss school activities because of bloody diarrhea and abdominal pain, and many adults who had onset of inflammatory bowel disease as children had delayed puberty and impaired growth and have never reached their full genetic growth potential. (6) Inflammatory bowel disease patients are at high risk for developing colorectal cancer. (7) The total annual medical costs for inflammatory bowel disease patients are estimated at more than $2,000,000,000. (8) The average time from presentation of symptoms to diagnosis in children is 3 years. (9) Delayed diagnosis of inflammatory bowel disease frequently results in more-active disease associated with increased morbidity and complications. (10) Congress has appropriated $3,480,000 from fiscal year 2005 to fiscal year 2009 for epidemiology research on inflammatory bowel disease through the Centers for Disease Control and Prevention. (11) The National Institutes of Health National Commission on Digestive Diseases issued comprehensive research goals related to inflammatory bowel disease in its April 2009 report to Congress and the American public entitled; ``Opportunities and Challenges in Digestive Diseases Research: Recommendations of the National Commission on Digestive Diseases''. SEC. 3. ENHANCING PUBLIC HEALTH ACTIVITIES ON INFLAMMATORY BOWEL DISEASE AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 320A the following: ``SEC. 320B. INFLAMMATORY BOWEL DISEASE EPIDEMIOLOGY PROGRAM. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct, support and expand existing epidemiology research on inflammatory bowel disease in both pediatric and adult populations. ``(b) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to, and enter into contracts and cooperative agreements with, a patient or medical organization with expertise in conducting inflammatory bowel disease research to develop and administer the epidemiology program. ``(c) Rule of Construction.--Nothing in this section shall be construed to limit the authority of the Centers for Disease Control and Prevention to support a pediatric inflammatory bowel disease patient registry. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $1,500,000 for each of the fiscal years 2010 through 2014. ``SEC. 320C. INCREASING PUBLIC AWARENESS OF INFLAMMATORY BOWEL DISEASE AND IMPROVING HEALTH PROFESSIONAL EDUCATION. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to eligible entities for the purpose of increasing awareness of inflammatory bowel disease among the general public and health care providers. ``(b) Use of Funds.--An eligible entity shall use grant funds under this section to develop educational materials and conduct awareness programs focused on the following subjects: ``(1) Crohn's disease and ulcerative colitis, and their symptoms. ``(2) Testing required for appropriate diagnosis, and the importance of accurate and early diagnosis. ``(3) Key differences between pediatric and adult disease. ``(4) Specific physical and psychosocial issues impacting pediatric patients, including stunted growth, malnutrition, delayed puberty, and depression. ``(5) Treatment options for both adult and pediatric patients. ``(6) The importance of identifying aggressive disease in children at an early stage in order to implement the most effective treatment protocol. ``(7) Complications of inflammatory bowel disease and related secondary conditions, including colorectal cancer. ``(8) Federal and private information resources for patients and physicians. ``(9) Incidence and prevalence data on pediatric and adult inflammatory bowel disease. ``(c) Eligible Entity.--For purposes of this section, the term `eligible entity' means a patient or medical organization with experience in serving adults and children with inflammatory bowel disease. ``(d) Report to Congress.--Not later than September 30, 2010, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the House of Representatives and the Senate, a report regarding the status of activities carried out under this section. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 through 2014.''. SEC. 4. EXPANSION OF BIOMEDICAL RESEARCH ON INFLAMMATORY BOWEL DISEASE. (a) Sense of Congress.--It is the sense of Congress that-- (1) the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and the Director of the National Institute of Diabetes and Digestive and Kidney Diseases (in this section referred to as the Institute), should aggressively support basic, translational, and clinical research designed to meet the research goals for inflammatory bowel disease included in the National Institutes of Health National Commission on Digestive Diseases report entitled ``Opportunities and Challenges in Digestive Diseases Research: Recommendations of the National Commission on Digestive Diseases'', which shall include-- (A) establishing an objective basis for determining clinical diagnosis, detailed phenotype, and disease activity in inflammatory bowel disease; (B) developing an individualized approach to inflammatory bowel disease risk evaluation and management based on genetic susceptibility; (C) modulating the intestinal microflora to prevent or control inflammatory bowel disease; (D) effectively modulating the mucosal immune system to prevent or ameliorate inflammatory bowel disease; (E) sustaining the health of the mucosal surface; (F) promoting regeneration and repair of injury in inflammatory bowel disease; (G) providing effective tools for clinical evaluation and intervention in inflammatory bowel disease; and (H) ameliorating or preventing adverse effects of inflammatory bowel disease on growth and development in children and adolescents; (2) the Institute should support the training of qualified health professionals in biomedical research focused on inflammatory bowel disease, including pediatric investigators; and (3) the Institute should continue its strong collaboration with medical and patient organizations concerned with inflammatory bowel disease and seek opportunities to promote research identified in the scientific agendas ``Challenges in Inflammatory Bowel Disease Research'' (Crohn's and Colitis Foundation of America) and ``Chronic Inflammatory Bowel Disease'' (North American Society for Pediatric Gastroenterology, Hepatology and Nutrition). (b) Biennial Reports.--As part of the biennial report submitted under section 403 of the Public Health Service Act (42 U.S.C. 283), the Secretary of Health and Human Services shall include information on the status of inflammatory bowel disease research at the National Institutes of Health.", "summary": "Inflammatory Bowel Disease Research and Awareness Act - Amends the Public Health Service Act to: (1) require the Centers for Disease Control and Prevention (CDC) to conduct, support, and expand existing epidemiology research on inflammatory bowel disease (i.e., Crohn's disease and ulcerative colitis) in both pediatric and adult populations; (2) authorize the CDC to award grants and enter into cooperative agreements to develop and administer such epidemiology research; and (3) direct the CDC to award grants to increase awareness of inflammatory bowel disease among the general public and health care providers. Expresses the sense of Congress that the Directors of the National Institutes of Health (NIH) and the National Institute of Diabetes and Digestive and Kidney Diseases should support specified research and training goals for inflammatory bowel diseases."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public School Redefinition Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the ability of the United States to deliver more effective educational services to citizens, especially disadvantaged citizens, is of primary importance to the national and economic security of the United States; (2) fundamental reform is needed in our Nation's educational system in order to release the creative energies of teachers, students, parents, and communities; (3) market forces of competition and choice can have a positive influence in promoting fundamental reform; however, choice is incomplete without the availability of more educational choices for all students, including disadvantaged students and historically underserved students; (4) the exclusive franchise that local educational agencies have traditionally had on the creation of new public schools has served to limit the number and variety of school choices available to parents and students; and (5) public education should be defined by outcomes and requirements that protect and promote the public interest, not solely by the ownership or control of facilities and programs by a local educational agency or other public agency. SEC. 3. PURPOSE. It is the purpose of this Act to-- (1) encourage States to offer teachers, parents, and local communities the opportunity to establish new and more effective public schools; (2) provide Federal assistance and flexibility to encourage States to assist teachers, parents, and communities to develop such schools; and (3) provide criteria for States, teachers, parents, and communities to use in establishing new and more effective public schools. SEC. 4. DEFINITIONS. For the purpose of this Act-- (1) the term ``eligible partnership'' means a partnership between-- (A) a sponsor; and (B) a charter public school; (2) the term ``local educational agency'' has the meaning given such term by section 1471(12) of the Elementary and Secondary Education Act of 1965; (3) the term ``charter public school'' means a school that-- (A) is nonsectarian in its programs, admission policies, employment practices, and all other operations and is not affiliated with a nonpublic sectarian school or religious institution; (B) has a primary focus of providing a comprehensive program of instruction for at least one grade from kindergarten to twelfth grade or one age group from 5 to 18 years of age; (C) does not charge tuition; (D) complies with title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, and the procedural safeguards under the Individuals With Disabilities Education Act; (E) in the event that more students apply for admission than may be accommodated, admits students on the basis of a lottery; (F) is subject to the same Federal and State financial audits and audit procedures and requirements as any other school located in the State in which such school is located; (G) meets all State and local health and safety requirements; and (H) participates in an eligible partnership; (4) the term ``Secretary'' means the Secretary of Education; (5) the term ``sponsor'' means a-- (A) school board; (B) local educational agency; or (C) State educational agency; (6) the term ``State educational agency'' has the meaning given such term by section 1471(23) of the Elementary and Secondary Education Act of 1965. SEC. 5. PROGRAM AUTHORITY. (a) Program Authorized.-- (1) In general.--The Secretary is authorized to award grants to State educational agencies having applications approved pursuant to section 6 to enable such agencies to conduct a charter public school program in accordance with this Act. (2) Special rule.--If a State elects not to participate in the program assisted under this Act, the Secretary is authorized to award a grant to a charter public school that serves such State and has an application approved pursuant to section 6, as permitted by applicable State laws and regulations in the State in which the school shall operate. (b) Use of Grants.-- (1) State.--Each State educational agency receiving a grant under this Act shall use such grant funds to award grants to one or more charter public schools in the State to enable such schools to plan and implement a charter public school in accordance with this Act. (2) Charter public school.--Each charter public school receiving a grant from the Secretary pursuant to subsection (a)(2) shall use such grant funds to plan and implement a charter public school in accordance with this Act. (3) Administrative expenses.--Each State educational agency receiving a grant pursuant to subsection (a)(1) may reserve not more than 5 percent of such grant funds for administrative expenses associated with the program assisted under this Act. (c) Duration.--A charter public school shall receive a grant under this Act for a period of not more than 3 years. (d) Matching Requirement.--In order for a charter public school to receive a grant pursuant to subsection (a), such school shall provide matching funds in the amount of-- (1) 10 percent of the grant payment received in the first year such school receives a grant under this Act; and (2) 25 percent of the grant payment received in the second and third such years. (e) Geographic Dispersion.--The Secretary shall ensure that grants awarded pursuant to subsection (a) benefit students in urban and rural areas. (f) Construction, Renovation, and Repair.-- (1) Prohibition.--Grant funds awarded under this Act shall not be used for the construction or major renovation or repair of facilities. (2) Start-up costs.--Grant funds awarded under this Act may be used for planning, equipment purchases, and other start-up costs, including minor renovation of facilities necessary to meet applicable State and local health and safety requirements. SEC. 6. APPLICATION. (a) State Application.-- (1) In general.--Each State educational agency desiring a grant under this Act shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the objectives of the State educational agency's charter public school program and a description of how such objectives shall be fulfilled, including steps taken by the State educational agency to inform teachers, parents, and communities of the State educational agency's charter public school program and the availability of grants for the establishment of such schools; (B) contain assurances that the State educational agency shall obtain a waiver of all State and Federal statutes and regulations applicable to a school board, local educational agency or school district that are relevant to and hindering the establishment of a charter public school in such State; (C) provide a written description of outcomes and other requirements to be included in each eligible partnership agreement between a sponsor and a charter public school; (D) provide a description of how charter public schools within the State shall be required to meet the definition of a charter public school as described in section 4(3); (E) contain specific outcomes to be achieved by the students attending a charter public school in accordance with the outcomes agreement described in section 7; (F) provide an explanation of how progress in meeting the outcomes described in section 7 shall be measured; and (G) contain a description of how teachers, parents, and community members have been, or shall be, involved in the planning, development and implementation of each charter public school. (b) Eligible Partnership Application.-- (1) In general.--Each charter public school desiring a grant pursuant to section 5(a)(2) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall contain the same information and assurances as the information and assurances described in subparagraphs (B) through (G) of subsection (a)(2). SEC. 7. OUTCOMES AGREEMENT. (a) Agreement.--In order to receive a grant under this Act a charter public school shall enter into an outcomes agreement with the sponsor participating in the eligible partnership. (b) Contents.--Each agreement referred to in subsection (a) shall-- (1) be in the form of a written contract between the sponsor and the board of directors of the charter public school participating in the eligible partnership; (2) set forth outcomes that such school shall achieve; and (3) include information and assurances described in subparagraphs (B) through (G) of section 6(a)(2). SEC. 8. CONTINUATION OF FUNDING. Each charter public school receiving a grant under this Act shall be eligible to receive Federal, State, and local education revenue, grants and other aids as though such school were a local educational agency. SEC. 9. TERMINATION. The Secretary or a State educational agency receiving a grant under this part shall terminate grant payments under this Act if the Secretary or such State educational agency, at any time, determines that the charter public school is not making acceptable progress toward meeting the outcomes described in section 7. SEC. 10. REPORTS. (a) State Report.-- (1) Reports.--Each charter public school receiving a grant pursuant to section 5(a)(1) shall report at least annually to the State educational agency or other agency designated by the Governor on such school's progress in meeting the outcomes described in section 7. (2) Report to the secretary.--Each State educational agency receiving a report under subsection (a) shall annually report to the Secretary on the program assisted under this Act. (b) School Reports.--Each charter public school receiving a grant pursuant to section 5(a)(2) shall at least annually report to the Secretary the charter public school's progress in meeting the outcomes described in section 7. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for fiscal year 1994, $75,000,000 for fiscal year 1995, and such sums as may be necessary for the 3 succeeding fiscal years to carry out the provisions of this Act.", "summary": "Public School Redefinition Act of 1993 - Establishes a demonstration program to provide Federal assistance to encourage States to assist teachers, parents, and local communities to establish and develop outcome-based public schools. Authorizes the Secretary of Education to award grants to State educational agencies (SEAs) to conduct such outcome-based public school programs (or, if a State elects not to participate, to award such a grant directly to an outcome-based public school). Limits such grants to three years and requires the school to provide matching funds. Prohibits grant funds from being used for construction or major renovation or repair of facilities, but allows their use for planning, equipment purchases and other start-up costs, including minor renovation of facilities to meet applicable health and safety requirements. Provides that each such outcome-based public school shall be eligible to receive Federal, State, and local education revenue, grants, and other aid as though such school were a local educational agency. Directs the Secretary or the SEA receiving such a grant to terminate grant payments to an outcome-based public school upon determination that it is not making acceptable progress. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Capture Prevention Act of 2011''. SEC. 2. OFFICE OF REGULATORY INTEGRITY. (a) In General.--Chapter 5 of title 31, United States Code, is amended by inserting after section 507 the following: ``Sec. 508. Office of Regulatory Integrity ``(a) Definitions.--In this section-- ``(1) the term `Administrator' means the Administrator of the Office of Regulatory Integrity; ``(2) the term `agency'-- ``(A) means each authority of the Government of the United States, whether or not it is within or subject to review by another agency; and ``(B) does not include-- ``(i) the Government Accountability Office; or ``(ii) the Congressional Budget Office; and ``(3) the term `relevant committees of Congress' means-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the Committee on Appropriations of the Senate; ``(C) the Committee on the Judiciary of the Senate; ``(D) the Committee on Oversight and Government Reform of the House of Representatives; ``(E) the Committee on Appropriations of the House of Representatives; ``(F) the Committee on the Judiciary of the House of Representatives; and ``(G) with respect to a report other than the annual report, any committee in the Senate or House of Representatives that exercises oversight authority over an agency discussed in the report. ``(b) Office of Regulatory Integrity.-- ``(1) Establishment.--There is established in the Office of Management and Budget an office to be known as the Office of Regulatory Integrity. ``(2) Administrator.--There shall be at the head of the Office of Regulatory Integrity an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate. ``(c) Functions of Administrator.-- ``(1) In general.--In order to defeat regulatory capture and related threats to the integrity of Federal agencies, the Administrator shall investigate and report on the influence of concentrated economic interests on Federal agencies, and components thereof, that results in-- ``(A) agency action or inaction that fails to advance the congressionally assigned mission of the agency or is otherwise inimical to the public interest; ``(B) regulation, licensing, adjudication, grants, or other agency action that-- ``(i) favors a limited number of economic interests at the expense of the agency's congressionally assigned mission; or ``(ii) is otherwise inimical to the public interest; ``(C) enforcement priorities that are not reasonably calculated to accomplish the goals of the regulatory program in question; or ``(D) a loss of confidence in the integrity of the regulatory process. ``(2) Recommendations by the administrator.--When reporting on the influence of concentrated economic interests on an agency, the Administrator shall include recommendations that, if implemented, would restore integrity to the regulatory process by enhancing the capacity of the agency to resist such influence. ``(3) Comments by federal agencies.--Unless the Administrator determines that the public interest requires immediate release, the Administrator shall-- ``(A) provide a copy of a report to the relevant Federal agencies not less than 30 days before the completion of a report by the Administrator; and ``(B) include the comments of the relevant Federal agencies as addenda to the report upon release. ``(4) Coordination with inspectors general.--The Administrator shall inform the inspectors general of the relevant Federal agencies upon initiation of an investigation and may coordinate with the inspectors general as the Administrator concludes is appropriate to fulfill the responsibilities established by this section. ``(d) Authority of Administrator.-- ``(1) In general.--In addition to the authority otherwise provided by this section, the Administrator, in carrying out the provisions of this section, is authorized to-- ``(A) have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available to the applicable agency which relate to regulatory activities with respect to which the Administrator has responsibilities under this section; ``(B) make such investigations and reports relating to the administration of the programs and operations of the applicable agency as are, in the judgment of the Administrator, necessary or desirable; ``(C) request such information or assistance as may be necessary to carry out the duties and responsibilities provided by this section from any Federal, State, or local governmental agency or unit thereof; ``(D) require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information, as well as any tangible thing) and documentary evidence necessary in the performance of the functions assigned by this section, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States District Court, except that procedures other than subpoenas shall be used by the Administrator to obtain documents and information from Federal agencies; ``(E) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the functions assigned by this section, which oath, affirmation, or affidavit when administered or taken by or before an employee of the Office of Regulatory Integrity designated by the Administrator shall have the same force and effect as if administered or taken by or before an officer having a seal; ``(F) have direct and prompt access to the head of the agency involved when necessary for any purpose pertaining to the performance of functions and responsibilities under this section; ``(G) select, appoint, and employ such officers and employees as may be necessary to carry out the functions, powers, and duties of the Office of Regulatory Integrity subject to the provisions of title 5, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; ``(H) obtain services as authorized by section 3109 of title 5 at daily rates not to exceed the equivalent rate prescribed for a position at level IV of the Executive Schedule; and ``(I) the extent and in such amounts as may be provided in advance by appropriations Acts, enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the provisions of this section. ``(2) Information and assistance.-- ``(A) Information and assistance by head of agency.--Upon request of the Administrator for information or assistance under paragraph (1), the head of any agency involved shall, insofar as is practicable and not in contravention of any statutory restriction or regulation of the agency from which the information is requested, furnish to the Administrator, or to an authorized designee, such information or assistance. ``(B) Information and assistance by inspectors general.--Upon request of the Administrator for information or assistance under paragraph (1), the Inspector General of any agency involved shall, insofar as is practicable and not in contravention of any statutory restriction or regulation of the agency from which the information is requested, furnish to the Administrator, or to an authorized designee, such information or assistance. ``(C) Reports of inspectors general.--The inspector general of each agency shall provide copies of all reports issued by that inspector general to the Administrator in a timely manner, and may provide the Administrator at any time with information the inspector general believes relevant to the performance of the Administrator's duties. ``(D) Details of employees.--Upon request of the Administrator, the head of any agency shall, to the extent reasonably practicable, and on a reimbursable basis, detail personnel of that agency to the Office of Regulatory Integrity to assist it in carrying out its duties under this section. ``(E) Reports to heads of agencies.--Whenever information or assistance requested under paragraph (1) is, in the judgment of the Administrator, unreasonably refused or not provided, the Administrator shall report the circumstances to the head of the agency involved without delay. ``(3) Limitation on authority.--Except as provided in paragraphs (1) (A) and (F) and (2) (A), (B), and (D), the Administrator may not control or direct any law enforcement agency, including the Department of Justice, in the exercise of the Administrator's investigative authority. ``(e) Consultation With Government Accountability Office.-- ``(1) In general.--The Administrator may consult with the Government Accountability Office as to the scope and focus of an investigation. ``(2) Comments by the government accountability office.-- Unless the Administrator determines that the public interest requires immediate release, the Administrator shall-- ``(A) provide a copy of a report to the Government Accountability Office not less than 30 days before the completion of a report by the Administrator; and ``(B) include the comments of the Government Accountability Office as addenda to the report upon release. ``(3) Availability of reports.--Subject to the restrictions under subsection (g), the Administrator shall make all reports available to the Government Accountability Office. ``(4) Comments by government accountability office.--Not later than 60 days after receipt of a report from the Administrator, the Government Accountability Office shall publish written comments on the methodology and conclusions of the report. ``(5) Further investigations by administrator.--Upon request for further investigation by the Government Accountability Office, the Administrator shall-- ``(A) perform the requested investigation as promptly as reasonably feasible; or ``(B) provide the Government Accountability Office with a written explanation why the Administrator has chosen not to pursue further investigation. ``(6) Further investigations by the government accountability office.--Except as otherwise proscribed by law, the Government Accountability Office may perform any further investigation it determines appropriate. ``(f) Consultation With Administrative Conference of the United States.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Regulatory Capture Prevention Act of 2011, the Administrative Conference of the United States shall provide the Administrator with written guidance on-- ``(A) the principal means by which concentrated economic interests wield influence across the Federal agencies; ``(B) the most salient threats to regulatory integrity arising from that influence; and ``(C) effective measures to minimize regulatory capture. ``(2) Guidance.--On a continuing basis, the Administrator shall develop, in consultation with the Administrative Conference of the United States, written guidance describing the most pervasive threats to regulatory integrity and the factors that primarily inform the exercise of the Administrator's investigatory discretion. ``(3) Comments.--The Administrative Conference of the United States shall, to the extent it determines appropriate, comment upon reports issued by the Administrator. ``(g) Reports to Congress; Public Release.-- ``(1) In general.--Not later than 30 days after completion of each report, the Administrator shall submit that report to the relevant committees of Congress. The relevant committees of Congress shall hold hearings on the report as the committees determine appropriate. ``(2) Annual reports.-- ``(A) In general.--Not later than April 30 of each year, the Administrator shall prepare and provide to the relevant committees of Congress an annual report summarizing the activities of the Office of Regulatory Integrity during the immediately preceding 12-month period ending March 31. ``(B) Contents.--Reports under this paragraph shall include-- ``(i) a description of significant problems, abuses, and deficiencies relating to the undue influence in agencies of concentrated economic interests during the reporting period; ``(ii) a description of the recommendations for corrective action made by the Office of Regulatory Integrity during the reporting period with respect to significant problems, abuses, or deficiencies identified under clause (i); ``(iii) an identification of each significant recommendation described in previous semiannual reports on which corrective action has not been completed; ``(iv) a summary of each report issued by the Office of Regulatory Integrity; and ``(v) a financial report for the Office of Regulatory Integrity. ``(3) Public disclosure.-- ``(A) In general.--Not later than 30 days after the transmission of the annual report to the Congress, the Administrator shall make copies of such report available on a publicly available Internet website. ``(B) Limitations on disclosures.--Nothing in this paragraph shall be construed to authorize the public disclosure of information which is-- ``(i) specifically prohibited from disclosure by any other provision of law; ``(ii) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or ``(iii) a part of an ongoing criminal investigation. ``(C) Information in public record.-- Notwithstanding subparagraph (B), any report under this subsection may be disclosed to the public in a form which includes information with respect to a part of an ongoing criminal investigation if such information has been included in a public record. ``(D) No withholding of information from congress.--Nothing in this section shall be construed to authorize or permit the withholding of information from the Congress, or from any committee or subcommittee thereof, except as otherwise authorized by law. ``(h) Authorization of Appropriations.--There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out this section.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 5 of title 31, United States Code, is amended by inserting after the item relating to section 507 the following: ``Sec. 508. Office of Regulatory Integrity.''. SEC. 3. EFFECTIVE DATE. The amendments made by section 2 shall take effect 90 days after the date of enactment of this Act.", "summary": "Regulatory Capture Prevention Act of 2011 - Establishes the Office of Regulatory Integrity in the Office of Management and Budget (OMB), to be headed by an Administrator. Requires the Administrator to investigate and report on the influence of concentrated economic interests on federal agencies that results in: (1) agency action or inaction that fails to advance the mission of the agency or is otherwise inimical to the public interest; (2) regulation, licensing, adjudication, grants, or other agency action that favors a limited number of economic interests or is otherwise inimical to the public interest; (3) enforcement priorities that are not reasonably calculated to accomplish regulatory goals; and (4) a loss of confidence in the integrity of the regulatory process. Grants certain powers to the Administrator to carry out this Act, including access to agency records, subpoena power, direct and prompt access to the head of a relevant agency and access to information and assistance by such agency. Requires the Administrative Conference of the United States to provide the Administrator with written guidance on the principal means by which concentrated economic interests wield influence on federal agencies, the most salient threats to regulatory integrity arising from such influence, and effective measures to minimize regulatory capture."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Opportunities for Success Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Internships are increasingly important to the ability of college students to gain skills, make professional connections, and find jobs after graduation. (2) In 2011, according to the National Association of Colleges and Employers, employers offered full-time positions to 61.2 percent of their interns with an acceptance rate of 86.5 percent. (3) Many students struggle to make ends meet; 66 percent of young community college students dedicate more than 20 hours a week to an outside job, and the need of many students to maintain a part-time or full-time job reduces or eliminates the time available for an internship. (4) Internships often require significant time commitments or temporary relocation, which many students are unable to afford; these additional living expenses include housing, meals, and travel, and these costs make unpaid internships with employers like non-profit organizations and government even more inaccessible for those with low and middle incomes. (5) In 2011, 46 percent of students who had completed an internship were offered jobs, compared with 31 percent of students who did not complete an internship; more than 76 percent of employers rank relevant experience as the most important quality when hiring. (6) Many university officials and employers acknowledge that participating in an undergraduate internship is extremely helpful for finding meaningful employment in today's job market. SEC. 3. OPPORTUNITIES FOR SUCCESS PROGRAM. (a) Program Authorized.--From the amounts made available to carry out this Act, the Secretary of Education shall establish a grant program to award grants to qualifying educational institutions in accordance with this section in order to support eligible students attending such institutions during internships. (b) Application.--To receive a grant under this section, a qualifying educational institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of Funds by Qualifying Educational Institutions.--A qualifying educational institution receiving a grant under this section shall use the grant funds in accordance with the following: (1) Activities.--Such institution may only use the grant to fund internship awards in accordance with this section to eligible students enrolled at the institution. (2) Administration of internship awards.--Internship awards made from the grant-- (A) shall be administered by the financial aid office of such institution; and (B) may be administered in conjunction with the career development office and career center of such institution. (3) Prohibition on alteration of financial aid.--A student's receipt of an internship award from a grant under this section shall not be taken into account in determining the need or eligibility of the student for financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (4) Supplement not supplant.--Funds made available to carry out this section shall be used to supplement, and not supplant, other Federal and State funds available to carry out the activities described in this section. (5) Deadline for summer internships.--Such institution shall make an award for a summer internship under this section by June 30 of a calendar year preceding the first day of the summer internship for that year. (d) Calculating Award Amounts.-- (1) Amount to qualifying educational institutions.-- (A) In general.--In determining a grant amount for a qualifying educational institution under this section, the Secretary shall ensure that the institution's grant is equal to an amount that bears the same relationship to the total funds available to carry out this section for a fiscal year as the number of eligible students enrolled at the institution (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of eligible students enrolled at all qualifying educational institutions, as so determined. (B) Reallocation.--If a qualifying educational institution does not receive funds under this paragraph, the Secretary shall reallocate such funds to other qualifying educational institutions in the same proportion funds are allocated under subparagraph (A). (C) Exception.--In the case of a qualifying educational institution that does not award all of the grant funds received under this section for a fiscal year to eligible students in accordance with this section, the Secretary, in awarding grants under this section for the succeeding fiscal year-- (i) shall reallocate the unused funds to other qualifying educational institutions in the same proportion funds are allocated under subparagraph (A); and (ii) may award such institution a grant in an amount that is less than the full grant amount such institution would have otherwise received under subparagraph (A) for such year. (2) Student award parameters.-- (A) Maximum student award.--A student receiving an award of funds from a grant to a qualifying educational institution under this section may not receive-- (i) more than $5,000 from such grant if the award is for a full-time internship; and (ii) more than $2,500 from such grant if the award is for a part-time internship. (B) Calculation of student award.-- (i) Unpaid internships.-- (I) Awards for in-school students.--Subject to subparagraph (A), in the case of a student receiving an award for an unpaid internship that occurs during a period of enrollment at the awarding qualifying educational institution, the amount of the award shall be, to the extent practicable, an amount based on the higher of-- (aa) the applicable Federal minimum wage by each hour of the internship; or (bb) the applicable State minimum wage of the State in which the institution is located by each hour of the internship. (II) Awards for students during summer and winter terms.-- (aa) In general.--Subject to subparagraph (A), in the case of a student receiving an award for an unpaid internship that occurs during a period of nonattendance at the awarding educational institution, the amount of the award shall, to the extent practicable, be an amount that covers reasonable cost of living expenses for the student. (bb) Reasonable cost of living expenses.--For purposes of item (aa), ``reasonable cost of living expenses'' shall include considerations of-- (AA) the location of the internship; (BB) the length of the internship; (CC) travel costs associated with the internship; (DD) housing costs during the duration of the internship; (EE) meal costs during the duration of the internship; and (FF) whether the internship is full-time or part-time. (ii) Paid internships.--In the case of a student receiving an award for a paid internship, the amount of the award shall be determined by reducing the amount such student would receive for an unpaid internship as calculated under clause (i) by the amount of income that the internship will provide to the student. (e) Awards Non-Taxable.--An award received by a student under this section shall not be considered taxable income. (f) Carry-Back Authorized.--A qualifying educational institution receiving a grant under this section for a fiscal year may use such grant funds to make internship awards under this section prior to the beginning of the fiscal year, but after the end of the previous academic year. (g) Reports.--Not later than 1 year after the date of enactment of this Act and each succeeding year in which the Secretary makes grants under this section, the Secretary shall submit to Congress a report detailing, with regard to grants made under this section for the previous academic year-- (1) the percentage of students receiving internship funds from grants under this section who, not later than 2 years after graduating from a qualifying educational institution, are hired in a field related to the internship for which the students received such funds; (2) the number of qualifying educational institutions receiving grants under this section; (3) the categories of qualifying educational institutions (such as 4-year public institutions, 4-year private, nonprofit institutions, 2-year public institutions, and 2-year private, nonprofit institutions) receiving grants under this section; (4) the number of students receiving internship funds from grants under this section, and the degrees such students are pursuing; (5) the number of paid internships, and the number of unpaid internships, funded by such grants; (6) the locations of internships funded by such grants; (7) the number of students who used internship funds awarded under this section to complete an internship more than 60 miles from the qualifying educational institution that made such award or that required the students to temporarily relocate for the duration of the internship; and (8) the types of internships (such as full-time summer internships, part-time summer internship, or part-time semester internships) completed by students receiving awards funded by such grants. (h) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out this section, including regulations that provide guidance to qualifying educational institutions on how to determine whether an internship meets the requirements of subclauses (I) through (III) of subsection (i)(1)(F)(vi). (i) Definitions.--For purposes of this section: (1) Eligible student.--The term ``eligible student'' means a student who-- (A) is a full-time or half-time student (as such terms are defined in section 668.2 of title 34, Code of Federal Regulations (or a successor regulation)); (B) is eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.); (C) is enrolled at a qualifying educational institution in a program of study that leads to an associate's or bachelor's degree; (D) if the student has accepted an internship during a period of nonattendance at a qualifying educational institution-- (i) demonstrates that the student is planning to re-enroll at such institution for the next period of enrollment at such institution by registering for such period of enrollment at the institution or accepting the institution's offer of admittance for such period of enrollment; and (ii) will be eligible for a Federal Pell Grant under section 401 of such Act (20 U.S.C. 1070a et seq.), for such period of enrollment; (E) has not, while pursuing the same degree that such student is currently pursuing, previously received an award that included funds granted under subsection (a) to a qualifying educational institution; and (F) has received an official internship offer, as defined by the Secretary in regulations, for an internship that-- (i) is located within the United States; (ii) in a case in which the internship employs (as defined under section 3(g) of the Fair Labor Standards Act (29 U.S.C. 203(g)) the student, meets the requirements of such Act (29 U.S.C. 201 et seq.); (iii) is a full-time summer internship, a part-time summer internship, or a part-time semester internship; (iv) is not less than 4 weeks in duration, and is not greater in duration than the shorter of-- (I) the length of a standard academic period at the qualifying educational institution; or (II) in the case of an internship that occurs during a period of nonattendance at the awarding qualifying educational institution, 10 weeks, or in the case of an internship that occurs during a period of attendance at the awarding qualifying educational institution, 12 weeks; (v) is-- (I) an unpaid internship; or (II) a paid internship that, according to the determination of the qualifying educational institution, without an award under this section such student would otherwise be unable to afford participating in such internship; and (vi) is determined by the qualifying educational institution to be an internship that-- (I) is of good and reputable quality; (II) affords adequate educational or skill-building opportunities; and (III) is reasonably associated with the student's course of study at a qualifying educational institution. (2) Full-time.--The term ``full-time'', when used with respect to an internship, shall be defined by the Secretary in regulations. (3) Qualifying educational institution.--The term ``qualifying educational institution'' has the meaning given the term ``institution of higher education'' in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Part-time.--The term ``part-time'', when used with respect to an internship, shall be defined by the Secretary in regulations. (5) Period of nonattendence.--The term ``period of nonattendence'', when used with respect to a student, means a period during which the student is not enrolled at a qualifying educational institution, including a summer or winter term. (6) Secretary.--The term ``Secretary'' means the Secretary of Education.", "summary": "Opportunities for Success Act of 2013 - Directs the Secretary of Education to award grants to institutions of higher education for use in providing their students with financial support to engage in internships reasonably associated with their studies. Requires support recipients to be full-time or half-time students who are eligible for Federal Pell Grants. Sets the student support level for unpaid internships at: (1) the higher of the federal or state minimum wage for each hour of the internship, if the internship occurs while the student is enrolled in classes; and (2) the student's reasonable cost of living expenses, if the internship occurs while the student is not enrolled in classes. Sets the support level for paid internships by reducing the amount the student would receive for an unpaid internship by the amount the paid internship provides to the student. Caps the total support a student may receive for full-time and part-time internships. Makes that support nontaxable and excludes it from the calculation of a student's need or eligibility for financial assistance under title IV (Student Assistance) of the Higher Education Act of 1965."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle East and North Africa Transition and Development Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The European Bank for Reconstruction and Development was created to support the transition of command economies to market economies following the collapse of communist regimes in 1989. (2) The Bank is the only international financial institution that-- (A) has a transition mandate; (B) includes political aspects to its mandate; and (C) seeks to assist only those countries that are committed to, and are applying, the principles of multiparty democracy, pluralism, and development of market economics in accordance with Article 1 of the Agreement Establishing the European Bank for Reconstruction and Development. (3) Egypt, which is a current shareholder of the Bank, has requested that the Bank consider Egypt's candidacy for becoming a country of activity. Consideration for including Egypt in the Bank's geographic mandate has been accelerated at the request of Egypt's interim government. (4) Other countries from the Middle East and North Africa, including Tunisia, have requested that the Bank consider their potential to become countries of activity. (5) The Bank estimates that approximately $4,000,000,000 per year could be provided for financial investment in new countries of activity in North Africa from the Bank's existing financial resources, without the need to call on its shareholders for additional capital. (6) The functions of the Bank are consistent with the critical and rising economic needs of Egypt and the Middle East and North Africa. SEC. 3. DEFINITIONS. In this Act: (1) Agreement establishing the european bank for reconstruction and development.--The term ``Agreement Establishing the European Bank for Reconstruction and Development'' means the Agreement establishing the European Bank for Reconstruction and Development, done at Paris May 29, 1990, and entered into force March 28, 1991. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Financial Services and the Committee on Appropriations of the House of Representatives. (3) Bank.--The term ``Bank'' means the European Bank for Reconstruction and Development. (4) Country of activity.--The term ``country of activity'' means a country in which the Bank provides its resources for loans or other assistance, including through the use of special funds. (5) International financial institution.--The term ``international financial institution'' has the meaning given that term in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)). (6) Multilateral development bank.--The term ``multilateral development bank'' has the meaning given that term in section 1701(c)(4) of the International Financial Institutions Act (22 U.S.C. 262r(c)(4)). SEC. 4. UNITED STATES POLICY WITH RESPECT TO COUNTRIES LOCATED IN THE MIDDLE EAST AND NORTH AFRICA. (a) Policy Declaration.--It is the policy of the United States-- (1) to support a successful and sustainable transition to democracy in the Middle East and North Africa, including Egypt and Tunisia, that reflects the legitimate aspirations of the people in that region for greater political freedom and economic opportunity; and (2) to increase economic prosperity in that region through financial investment and technical assistance and by utilizing the resources of appropriate multilateral development banks. (b) Promotion of United States Policy.--The Secretary of the Treasury should instruct the United States Executive Director of the European Bank for Reconstruction and Development to use the voice and vote of the United States to promote the policies described in subsection (a). SEC. 5. NEGOTIATING OBJECTIVES WITH RESPECT TO AN AGREEMENT TO EXPAND THE MANDATE OF THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT TO COUNTRIES LOCATED IN THE MIDDLE EAST AND NORTH AFRICA. (a) In General.--The negotiating objectives of the United States with respect to an agreement described in subsection (b) should be to seek-- (1) criteria that are consistent with the criteria described in section 6(b) for the approval of loans or other assistance by the Bank for countries that become countries of activity as a result of the implementation of the agreement; and (2) the establishment by the Bank of a credible mechanism to ensure that countries of activity that are not committed to the fundamental principles of multiparty democracy, pluralism, and market economics do not continue to benefit from the resources of the Bank. (b) Agreement Described.--An agreement described in this subsection is an agreement to expand the use of the resources of the Bank for countries located in the Middle East or North Africa, including through an amendment to the Agreement Establishing the European Bank for Reconstruction and Development. SEC. 6. SUPPORT FOR LOANS AND OTHER ASSISTANCE PROVIDED BY THE BANK TO COUNTRIES OF ACTIVITY THAT MEET CERTAIN CRITERIA. (a) In General.--The Secretary of the Treasury should instruct the United States Executive Director of the Bank to use the voice and vote of the United States to oppose the approval of a loan or other assistance from the Bank to a country of activity in the Middle East or North Africa if the country does not meet the criteria described in subsection (b). (b) Criteria Described.--A country of activity meets the criteria described in this subsection if the government of the country-- (1) requests the Bank to conduct activities in the country; (2) meets, or is demonstrably committed to meeting, the criteria set forth in Article 1 of the Agreement Establishing the European Bank for Reconstruction and Development, including a commitment to ``the principles of multiparty democracy, pluralism and market economics''; (3) demonstrates a commitment to free, fair, and inclusive elections that meet international standards; (4) has a public commitment to universally recognized human rights and freedoms, including freedom of religion, association, assembly, and expression, and demonstrates a commitment to respect those rights and freedoms in practice; and (5) implements, or is demonstrably committed to implementing, economic reforms that advance private sector growth, improve the investment climate, increase transparency, especially transparency in public finances, and foster job creation. (c) Consultations With Congress With Respect to New Countries of Activity.--Not later than 10 days before a vote of the Board of Directors or the Board of Governors of the Bank to approve a country located in the Middle East or in North Africa as a new country of activity, the Secretary of the Treasury shall-- (1) notify the appropriate congressional committees of the vote; and (2) consult with those committees and describe to those committees how that country meets the criteria established by the Bank for being a country of activity. (d) Annual Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter until the fifth year after such date of enactment, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that includes the following: (1) A description of the activities of the Bank in each country of activity that is located in the Middle East or in North Africa. (2) The assessment of the Bank with respect to the ongoing eligibility of each such country to receive assistance from the Bank. (3) A description of how the activities carried out by the Bank in each such country during the preceding year served to promote the functions of the Bank, as described in Article 2 of the Agreement Establishing the European Bank for Reconstruction and Development. (4) An assessment of-- (A) the extent to which the activities of the Bank are complementary to the activities of other international financial institutions operating in the Middle East and North Africa; and (B) the extent of cooperation between the Bank and those other international financial institutions. (5) A list of any countries being considered to be new countries of activity. SEC. 7. SUPPORT FOR CLEAR STANDARDS FOR GRADUATION OF COUNTRIES OF ACTIVITY. The Secretary of the Treasury should instruct the United States Executive Director of the Bank to use the voice and vote of the United States to seek the adoption by the Bank of clear standards for the successful graduation of countries of activity if those countries have substantially achieved the transition objectives of the Bank. SEC. 8. AUTHORIZATION FOR THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. (a) Findings.--Congress makes the following findings: (1) The request by the European Bank for Reconstruction and Development for subscription of capital is for callable shares only. Historically, callable shares, while requiring an authorization of funds, do not require an appropriation. (2) The International Programs Justification for Appropriations and Fiscal Year 2012 Budget Request of the Department of the Treasury for the European Bank for Reconstruction and Development is $0, stating that ``[t]his callable capital does not require appropriated funds''. (b) Authorization.--The European Bank for Reconstruction and Development Act (section 562(c) of Public Law 101-531; 22 U.S.C. 290l et seq.) is amended by adding at the end the following: ``(12) Capital increase.-- ``(A) Subscription authorized.-- ``(i) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to not more than 90,044 additional callable shares of capital stock of the Bank, in accordance with Resolution 128, as adopted by the Board of Governors of the Bank at the annual meeting in Zagreb, Croatia, on May 14, 2010. ``(ii) Condition.--Any subscription by the United States to additional capital stock of the Bank shall be effective only to such extent and in such amounts as are provided for in advance by appropriations Acts. ``(B) Authorization of appropriations.--In order to pay for the increase in the United States subscription to capital stock of the Bank authorized under subparagraph (A), there are authorized to be appropriated $1,252,331,952, without fiscal year limitation, for payment by the Secretary of the Treasury.''. SEC. 9. STATUS OF COUNTRIES AS CANDIDATE COUNTRIES UNDER THE MILLENNIUM CHALLENGE ACT OF 2003. Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C. 7705) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by amending the paragraph heading to read as follows: ``(1) In general.--''; (ii) in the matter preceding subparagraph (A), by striking ``fiscal year 2004'' and inserting ``any fiscal year''; (iii) by amending subparagraph (A) to read as follows: ``(A) the country-- ``(i) has a per capita income that is not greater than the World Bank's lower middle income country threshold for such fiscal year; and ``(ii) is among the 75 lowest per capita income countries, as identified by the World Bank; and''; and (iv) in subparagraph (B), by striking ``subject to paragraph (3)'' and inserting ``subject to paragraph (2)''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2); (2) in subsection (b)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``for fiscal year 2006 or a subsequent fiscal year'' and inserting ``for any fiscal year''; and (ii) by striking subparagraphs (A) and (B) and inserting the following: ``(A) has a per capita income that is not greater than the World Bank's lower middle income country threshold for such fiscal year; ``(B) is not among the 75 lowest per capita income countries as identified by the World Bank; and ``(C) meets the requirements under subsection (a)(1)(B).''; and (B) in paragraph (2)-- (i) by striking ``for fiscal year 2006 or any subsequent fiscal year'' and inserting ``for any fiscal year''; and (ii) by striking ``for fiscal year 2006 or the subsequent fiscal year, as the case may be'' and inserting ``for such fiscal year''; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following: ``(c) Maintaining Candidate Status.--Beginning in fiscal year 2012, a country the per capita income of which changes during a fiscal year so that the country no longer meets the requirements for being a candidate country under subsection (a)(1) or (b)(1) shall, notwithstanding that change in per capita income, continue to be eligible to be a candidate country under subsection (a)(1) or (b)(1) (as the case may be) during that fiscal year and the 3 fiscal years thereafter to the same extent and in the same manner as if the per capita income of the country had not changed.''.", "summary": "Middle East and North Africa Transition and Development Act - States that it is U.S. policy to: (1) support a democratic transition in the Middle East and North Africa, including Egypt and Tunisia; and (2) increase economic prosperity in that region through financial investment and technical assistance and by utilizing the resources of appropriate multilateral development banks. States that U.S. negotiating objectives to expand the European Bank for Reconstruction and Development's (Bank) resources for countries in the Middle East or North Africa should be to seek: (1) specified lending criteria for loans or other Bank assistance for countries of activity (countries provided with Bank resources for loans or other assistance), and (2) establishment of a Bank mechanism to ensure that countries of activity not committed to multiparty democracy and market economics do not benefit from Bank resources. Urges the Secretary of the Treasury to use U.S. influence to: (1) oppose the approval of a loan or other Bank assistance to a country of activity in the Middle East or North Africa that does not meet specified criteria, and (2) seek the Bank's adoption of clear standards for the graduation of countries of activity that have substantially achieved required transition objectives. Amends the European Bank for Reconstruction and Development Act to authorize the U.S. Governor of the Bank to subscribe to additional shares of Bank stock. Authorizes appropriations for such purpose. Amends the Millennium Challenge Act of 2003 to: (1) revise candidate country criteria, and (2) permit a country that no longer meets the requirements for being a candidate country because of per capita income changes in a fiscal year to maintain such candidate status during such fiscal year and the next three fiscal years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Authority Funding Fairness Act of 2007''. SEC. 2. VOUCHER RENEWAL FUNDING. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by striking subsection (dd) and inserting the following new subsection: ``(dd) Tenant-Based Vouchers.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated, for each of fiscal years 2008 through 2012, such sums as may be necessary for tenant-based assistance under subsection (o) for the following purposes: ``(A) To renew all expiring annual contributions contracts for tenant-based rental assistance. ``(B) To provide tenant-based rental assistance for-- ``(i) relocation and replacement of housing units that are demolished or disposed of pursuant to the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-134); ``(ii) conversion of section 23 projects to assistance under this section; ``(iii) the family unification program under subsection (x) of this section; ``(iv) relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency; ``(v) enhanced vouchers authorized under subsection (t) of this section; ``(vi) vouchers in connection with the HOPE VI program under section 24; ``(vii) demolition or disposition of public housing units pursuant to section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p); ``(viii) mandatory and voluntary conversions of public housing to vouchers, pursuant to sections 33 and 22 of the United States Housing Act of 1937, respectively (42 U.S.C. 1437z-5, 1437t); ``(ix) vouchers necessary to comply with a consent decree or court order; ``(x) vouchers transferred from another public housing agency; and ``(xi) tenant protection assistance, including replacement and relocation assistance. ``(2) Allocation of renewal funding among public housing agencies.-- ``(A) From amounts appropriated for each year pursuant to paragraph (1)(A), the Secretary shall provide renewal funding for each public housing agency-- ``(i) based on leasing and costs from the prior year, as adjusted by an annual adjustment factor to be established by the Secretary; ``(ii) by making any adjustments necessary to provide for the first-time renewal of vouchers funded under paragraph (1)(B); and ``(iii) by making such other adjustments as the Secretary considers appropriate. ``(B) Leasing and cost data.--For purposes of subparagraph (A)(i), leasing and cost data shall be calculated not less often than biennially by using the average for the calendar year that, at the time of such calculation, is the most recently completed calendar year for which the Secretary determines data is available, substantially verifiable, and complete. Such leasing data shall be adjusted to include vouchers that were set aside under a commitment to provide project- based assistance under subsection (o)(13). ``(C) Moving to work.--Notwithstanding subparagraphs (A) and (B), each public housing agency participating at any time in the moving to work demonstration under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note) or in the Moving to Work program under section 36 of this Act shall be funded pursuant to its agreement under such program and shall be subject to any pro rata adjustment made under subparagraph (D). ``(D) Pro rata allocation.-- ``(i) Insufficient funds.--To the extent that amounts made available for a fiscal year are not sufficient to provide each public housing agency with the full allocation for the agency determined pursuant to subparagraphs (A) and (C), the Secretary shall reduce such allocation for each agency on a pro rata basis, except that renewal funding of enhanced vouchers under section 8(t) shall not be subject to such proration. ``(ii) Excess funds.--To the extent that amounts made available for a fiscal year exceed the amount necessary to provide each housing agency with the full allocation for the agency determined pursuant to subparagraphs (A) and (C), such excess amounts shall be used for the purposes specified in subparagraphs (B) and (C) of paragraph (4). ``(3) Advances.-- ``(A) Authority.--During the last 3 months of each calendar year, the Secretary shall provide amounts to any public housing agency, at the request of the agency, in an amount up to two percent of the allocation for the agency for such calendar year. ``(B) Use.--Amounts advanced under subparagraph (A) may be used to pay for additional voucher costs, including costs related to temporary overleasing. ``(C) Repayment.--Amounts advanced under subparagraph (A) in a calendar year shall be repaid to the Secretary in the subsequent calendar year by reducing the amounts made available for such agency for such subsequent calendar year pursuant to allocation under paragraph (2) by an amount equal to the amount so advanced to the agency. ``(4) Recapture.-- ``(A) In general.--The Secretary shall recapture, from amounts provided under the annual contributions contract for a public housing agency for a calendar year, all amounts allocated under paragraph (2) that are unused by the agency at the end of each calendar year. ``(B) Reallocation.--Not later than May 1 of each calendar year, the Secretary shall-- ``(i) calculate the aggregate unused amounts for the preceding year recaptured pursuant to subparagraph (A); ``(ii) set aside and make available such amounts as the Secretary considers appropriate to reimburse public housing agencies for increased costs related to portability and family self-sufficiency activities during such year; and ``(iii) reallocate all remaining amounts among public housing agencies that, in the preceding year, used at least 99 percent of amounts allocated under paragraph (2) for the agency and leased fewer than the number of vouchers authorized for the agency; except that the Secretary may establish priority for allocation of such amounts to public housing agencies that leased fewer vouchers in such preceding year than in the 12-month period ending April 1, 2004. ``(C) Use.--Amounts reallocated to a public housing agency pursuant to subparagraph (B)(iii) may be used only to increase voucher leasing rates to the level authorized for the agency.''.", "summary": "Housing Authority Funding Fairness Act of 2007 - Amends the United States Housing Act of 1937 to: (1) repeal tenant-based contract renewals by application of an inflation factor; and (2) authorize FY2008-FY2012 appropriations for tenant-based rental assistance (vouchers). Prescribes requirements for renewal funding for each public housing agency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Smoking Prevention Act of 1995''. SEC. 2. AUTHORITY TO REGULATE TOBACCO AND OTHER PRODUCTS CONTAINING NICOTINE. (a) Food and Drug Administration.--The Secretary of Health and Human Services does not have any authority under-- (1) the Federal Food, Drug, and Cosmetic Act, (2) the Federal Cigarette Labeling and Advertising Act, or (3) the Comprehensive Smokeless Tobacco Health Education Act of 1986, to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. (b) Federal Authority.--The Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine is established as a condition to the receipt by States of the Federal preventive health and health services block grant. SEC. 3. REGULATION OF STATE AUTHORITY. (a) In General.--Section 1926(a)(1) of the Public Health Service Act (42 U.S.C. sec. 300x-26(a)(1)) is amended to read as follows: ``(1) In general.--Subject to paragraph (2), for fiscal year 1997 and subsequent fiscal years, the Secretary may make a grant under section 1921 only if the State involved has in effect a law which provides the following: ``(A) Minors.-- ``(i) Sales.--It shall be unlawful to sell tobacco and other tobacco products containing nicotine to an individual under the age of 18. Tobacco and other tobacco products containing nicotine may be sold only to individuals who present a document containing the individual's photograph and date of birth. Any person who violates this paragraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(ii) Purchase.--It shall be unlawful for an individual under the age of 18 to purchase any tobacco and other tobacco product containing nicotine. Any individual who violates this paragraph for the first time shall be fined not more than $100, required to perform community service, or required to attend education and training in the hazards of smoking. Any individual who violates this paragraph more than once shall be fined not more than $100, required to perform community service, and required to attend education and training in the hazards of smoking. Such education and training shall be funded by the fines collected under this paragraph. ``(iii) Identification.--It shall be unlawful for an individual to present identification for the purchase of tobacco and other tobacco products containing nicotine which is false. Any individual who violates this paragraph shall be fined not more than $250, required to perform community service, and required to attend education and training in the hazards of smoking. ``(B) Sales of specific products.--It shall be unlawful to sell-- ``(i) individual cigarettes, and ``(ii) packages of cigarettes which contain less than 20 cigarettes. Any person who violates this subsection shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(C) Vending machines.--No person, firm, partnership, company, or corporation shall operate a vending machine which dispenses cigarettes or smokeless tobacco products unless such vending machine is in a location that is in plain view and under the direct supervision and control of the individual in charge of the location or such individual's designated agent or employee, except that this subparagraph shall not apply in the case of a vending machine that is located-- ``(i) at a private club; ``(ii) at a bar or bar area of a food service establishment; ``(iii) at a factory, warehouse, tobacco business, or any other place of employment which has an insignificant portion of its regular workforce comprised of individuals under the age of 18 years and only if such machines are located in an area that is not accessible to the general public; ``(iv) in any place if the vending machine is equipped with a device which controls the sale of tobacco products from the machine to individuals under the age of 18; or ``(v) in such other location or made available in another manner that is expressly permitted under applicable State law. ``(D) Self-service displays.--It shall be unlawful to make tobacco and other tobacco products containing nicotine available to individuals under the age of 18 in self-service displays which are not under the supervision of an individual over the age of 18. Any person who violates this subsection shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(E) Samples.--It shall be unlawful to distribute free samples of tobacco and other tobacco products containing nicotine to individuals under the age of 18 through the mail or otherwise. Any person who violates this subparagraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(F) Use of mail.--It shall be unlawful to distribute tobacco and other tobacco products containing nicotine through the mail to individuals under the age of 18. Such tobacco products when distributed through the mails is nonmailable matter and such distribution shall be penalized in accordance with chapter 30 of title 39, United States Code. ``(G) General requirements applicable to sales.-- Tobacco and other tobacco products containing nicotine which are offered for sale at retail must be in the sight and control of the person responsible for making the sales. Any person offering such products for sale at retail shall post, in accordance with regulations of the State, signs stating the minimum purchase age, stating health warnings, and stating the penalties for violations of the requirements of this paragraph. Any person who violates this subparagraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(H) Notice to employees.--Each owner of a retail establishment which sells tobacco and other tobacco products containing nicotine shall notify each individual employed in the establishment as a retail sales clerk that the sale of tobacco and such products to individuals under the age of 18 and the purchase by such individuals of tobacco and such products are prohibited. Such notice shall be provided to such an employee before such employee begins work as a retail sales clerk or if such work has been begun, within 30 days of the date of the enactment of this paragraph. Such an employee shall sign a form stating that such employee has been notified of the prohibited acts. Such an owner shall retain such forms and make them available to persons conducting inspections under this paragraph. An owner who fails to make such notice or retain such a form shall be fined not less than $100 and not more than $250. ``(I) Licenses.--No person may engage in the retail sale of cigarettes without a license issued for such purpose by the State. The license shall be-- ``(i) issued in accordance with such system, ``(ii) issued for such fee, and ``(iii) issued for such term, as the State shall establish. The State shall establish penalties (including loss of license) for sales without a license and other sales in violation of this paragraph. ``(J) State responsibilities.--The State shall conduct annual random unannounced inspections of over- the-counter and vending machine outlets for the sale of tobacco and other tobacco products containing nicotine to assure that sales of tobacco and other tobacco products containing nicotine are being made in accordance with this paragraph so that individuals under the age of 18 do not have access to tobacco and other tobacco products containing nicotine. ``(K) Advertising.-- ``(i) Billboards.--Billboards which advertise tobacco and other tobacco products containing nicotine may not be placed within the line of sight of any individual in a school or in an area designated as a playground. ``(ii) Brand names and logos.--The brand name or logo of a manufacturer of tobacco and other tobacco products containing nicotine may not be placed on any item marketed specifically to minors, including toys and video games.''. (b) Conforming Amendments.--Section 1926 of the Public Health Service Act (42 U.S.C. sec. 300x-26) is amended-- (1) in subsection (a)(2), by striking ``1993'' and inserting ``1997''; (2) in subsection (a)(2), by striking ``1994'' and inserting ``1998''; and (3) in subsection (a)(2), by striking ``1995'' and inserting ``1999''; (4) in subsection (d)(1), by striking ``1995'' and inserting ``1999''; and (5) in subsection (d)(2), by striking ``1994'' and inserting ``1998''. (c) Noncompliance.--Section 1926(c) of the Public Health Service Act (42 U.S.C. sec. 300x-26(c)) is amended-- (1) in paragraph (1), by striking ``10 percent'' and inserting ``20 percent''; (2) in paragraph (2), by striking ``20 percent'' and inserting ``40 percent''; (3) in paragraph (3), by striking ``30 percent'' and inserting ``60 percent''; and (4) in paragraph (4), by striking ``40 percent'' and inserting ``80 percent''. (d) Enforcement.--Section 1926 of the Public Health Service Act (42 U.S.C. sec. 300x-26) is amended by adding at the end thereof the following: ``(e) Enforcement.--Any amounts made available to a State through a grant under section 1921 may be used to enforce the laws described in subsection (a).''. SEC. 4. REPORT. The Secretary of Health and Human Services shall make an annual report to the Congress on the actions taken by the States in compliance with section 1926(a)(1) of the Public Health Service Act as amended by section 3.", "summary": "Youth Smoking Prevention Act of 1995 - Declares that the Secretary of Health and Human Services does not have any authority under the Federal Food, Drug, and Cosmetic Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. Establishes the Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and tobacco products containing nicotine as a condition to the receipt by State of the Federal preventive health and health services block grant. Amends the Public Health Service Act to prohibit or reduce the amount of block grants for the prevention and treatment of substance abuse based on whether a State has a law prohibiting: (1) sale of tobacco or tobacco products to individuals under the age of 18; (2) purchase of those materials by such individuals; (3) use of false identification for the purchase of those materials; (4) sale of individual cigarettes and packages of fewer than 20 cigarettes; (5) operation of a vending machine dispensing such materials unless specified requirements are met; (6) use of unsupervised self-service displays; (7) distribution of free samples to such individuals; and (8) distribution through the mail to such individuals. Sets forth general requirements regarding the sale of such materials and related notice by the owner to the employees of a retail establishment. Prohibits engaging in the retail sale of cigarettes without a license issued by the State. Sets forth State responsibilities. Regulates billboard advertising. Prohibits the placement of a tobacco manufacturer's brand name or logo on any item marketed specifically to minors, including toys and video games. Allows use of amounts available under such block grants to enforce the laws described in this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Alerting Lives through Effective and Reliable Technological Systems Act of 2008'' or the ``ALERTS Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) numerous proven and tested technologies exist to enable the Federal Government to enhance its public alert and warning system; (2) the expected benefits of these enhancements include-- (A) greater security, reliability, and redundancy of the system; (B) rapid alert dissemination; (C) an improved ability to notify remote locations; (D) the ability to geographically target and deliver alerts and warnings to multiple devices; and (E) the ability to permit State homeland security grants to be utilized for the purposes of modernizing public alert and warning systems; (3) there is a need to test the viability of delivering messages through diverse communications modes to effectively alert and warn the public; (4) there is a need to modernize and improve the ability of the Federal Government to provide residents of the United States with timely and effective warnings; (5) although significant Federal integration efforts are underway, the aggregation, dissemination, and reporting system necessary for effective public alert and warning will require an integrated national network for reliable, secure, and authentic dissemination of emergency alerts and warnings to and from all Federal, State, local, and tribal entities that alert the public when appropriate. SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end of the following new section: ``SEC. 525. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. ``(a) In General.--In order to provide timely and effective warnings and disseminate homeland security and other information, the Secretary shall-- ``(1) establish a national integrated public alert and warning system (in this section referred to as `the system') not later than two years after the date of the enactment of this section; and ``(2) designate an agency within the Department to receive, aggregate, validate, and authenticate homeland security and other information originated by authorized Federal, State, local, and tribal governments to facilitate the transmission of the Commercial Mobile Alert System. ``(b) Implementation Requirements.--In carrying out subsection (a), the Secretary shall-- ``(1) establish, as appropriate, common alerting and warning protocols, standards of performance, and terminology for the system established under subsection (a)(1) by adopting, where appropriate, mechanisms that integrate various approaches developed by key stakeholders; ``(2) include in the system the capability to adapt the dissemination of homeland security and other information and the content of communications on the basis of geographic location, risks, or user preferences, as appropriate; ``(3) include in the system the capability to alert and warn populations with special needs; ``(4) ensure that the system is incorporated into the training and exercise programs of the Department; and ``(5) coordinate, to the extent practicable, with other Federal agencies and departments and with State, local, and tribal governments, and other key stakeholders to leverage existing alert and warning capabilities. ``(c) System Requirements.--The Secretary shall ensure that the system-- ``(1) incorporates redundant and diverse modes to disseminate homeland security and other information in warning messages to the public so as to reach the greatest number of individuals; ``(2) can be adapted to incorporate future technologies; ``(3) is resilient, secure, and can withstand acts of terrorism and other external attacks; ``(4) delivers alerts to populations in remote areas; and ``(5) promotes State, local, tribal, and regional partnerships to enhance coordination. ``(d) Report.--Not later than one year after the date on which the system established under subsection (a) is fully functional and every six months thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the functionality and performance of the integrated public alert and warning system, including-- ``(1) an assessment of the accomplishments and deficiencies of the system; ``(2) recommendations for improvements to the system; ``(3) information on the feasibility and effectiveness of disseminating homeland security and other information, notices, and alerts prior to and following an incident requiring use of the system. ``(e) Commercial Mobile Alert System Pilot Program.-- ``(1) In general.--Not later than three months after the date of the enactment of this section, the Secretary shall develop within the integrated public alert and warning system the commercial mobile alert system to provide rapid dissemination of homeland security and other information over commercial mobile devices and conduct a pilot program for the purpose of increasing the reach of the integrated public alert and warning system. ``(2) Scope.--The Secretary shall select at least five States to participate in the pilot program. The Secretary shall ensure the participation of States that represent a geographic (including urban and rural) cross-section of the United States and that vary in risk to acts of terrorism. ``(3) Termination.--The authority to carry out a pilot program under this section shall terminate on the date that is six months after the date of the commencement of the pilot program. ``(4) Report.--Not later than three months after the termination of the pilot program, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing-- ``(A) a description and assessment of the effectiveness of the pilot program; ``(B) any findings and conclusions of the Secretary with respect to the pilot program; and ``(C) any recommendations for improvements to the commercial mobile alert system. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $37,000,000 for fiscal year 2009 and such sums as may be necessary for each fiscal year thereafter.''. (b) Limitation on Statutory Construction.--Nothing in this Act (including the amendment made by this Act) shall be construed to affect the authority of the Department of Commerce, the Federal Communications Commission, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (c) Homeland Security Grants.--Section 2008(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53) is amended-- (1) in paragraph (12), by striking ``and'' at the end; (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following new paragraph: ``(13) permitting State, local, and tribal governments to improve public alert and warning capabilities; and''. (d) Criminal Acts.--It shall be unlawful to tamper or interfere with components of the system that are used or designed to deliver alerts and warnings that were purchased with public funds, including homeland security grants. A violation of section 525 of the Homeland Security Act of 2002 (as added by section 3 of this Act) shall be punishable by a fine of not more than $10,000, imprisonment for not more than ten years, or both.", "summary": "Alerting Lives through Effective and Reliable Technological Systems Act of 2008 or ALERTS Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to: (1) establish a national integrated public alert and warning system; (2) develop within such system a commercial mobile alert system to provide rapid dissemination of information over commercial mobile devices; and (3) designate an agency within the Department of Homeland Security (DHS) to receive, aggregate, validate, and authenticate homeland security and other information originated by authorized federal, state, local, and tribal governments to facilitate the transmission of such mobile alert system. Requires the Secretary to: (1) establish common alerting and warning protocols, standards of performance, and terminology; (2) include the capability to adapt the dissemination of information and the content of communications on the basis of geographic location, risks, or user preferences and to alert special needs populations; (3) ensure that the national warning system is incorporated into DHS training and exercise programs; and (4) coordinate with other federal agencies, state, local, and tribal governments, and key stakeholders. Directs the Secretary to conduct a pilot program to increase the national warning system's reach. Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to authorize the use of grant funds to permit state, local, and tribal governments to improve public alert and warning capabilities. Prohibits tampering or interfering with components of the national warning system that are used or designed to deliver alerts and warnings and that were purchased with public funds."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare and Medicaid Provider Review Act of 1997''. SEC. 2. REQUIRING CERTAIN PROVIDERS TO FUND ANNUAL FINANCIAL AND COMPLIANCE AUDITS AS A CONDITION OF PARTICIPATION UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Establishment of Annual Financial and Compliance Audit Fee Schedule.--Title XI of the Social Security Act, as amended by sections 4321(c) of the Balanced Budget Act of 1997 (Public Law 105-33), is amended by inserting after section 1146 the following new section: ``compliance and financial audit fee schedule ``Sec. 1147. (a) Establishment.-- ``(1) In general.--Subject to subsection (c), the Secretary shall-- ``(A) establish a schedule of hourly rates for the conduct of annual financial and compliance audits during each fiscal year for all health care providers described in subsection (b) that receive payment under title XVIII or XIX during the year; and ``(B) provide for the conduct, in a separate office within the Department of Health and Human Services, of such audits by specially trained and qualified personnel of each provider's substantial compliance with the requirements for payment to such provider under title XVIII, title XIX, or both (whichever is applicable), including requirements relating to medical necessity and appropriate coding and documentation for services and supplies provided. ``(2) Scope of audits.--An audit of a provider under paragraph (1)(B) shall include, as appropriate, audits of related entities (including businesses owned, in whole or in part, by the provider). ``(b) Covered Providers.-- ``(1) In general.--Subject to paragraph (2), each of the following is a health care provider described in this subsection: ``(A) A hospital. ``(B) A skilled nursing facility or nursing facility. ``(C) A home health agency. ``(D) A hospice program. ``(E) A provider of clinical laboratory services. ``(F) A provider of ambulance services. ``(2) Low volume provider exemption.--The Secretary may exclude a particular health care provider described in paragraph (1) if the Secretary finds that the provider receives a small amount of revenues from titles XVIII and XIX. ``(c) Requiring Maintenance of Appropriation Level.--No rates shall be collected under subsection (a) and no audits conducted under such subsection for a fiscal year if the amount appropriated and available for the conduct of audits of the type described in subsection (a)(1)(B) for the fiscal year is less than the amount so appropriated for fiscal year 1998 or for the fiscal year preceding the fiscal year involved, whichever is greater. ``(d) Use of Funds Exclusively for Financial and Compliance Audits.--Annual payments made to the Secretary under sections 1866(a)(1)(T), 1862(a)(22), and 1903(i)(19) in the amounts specified under subsection (a) are hereby appropriated to the Secretary for the sole purpose of conducting audits described in subsection (a).''. (b) Application under Medicare Program.-- (1) Payment requirement for hospitals, skilled nursing facilities, home health agencies, and hospice programs.-- Section 1866(a)(1) of the Social Security Act, as amended by section 4321(b) of the Balanced Budget Act of 1997 (42 U.S.C. 1395cc), is amended-- (A) by striking ``and'' at the end of subparagraph (R), (B) by striking the period at the end of subparagraph (S), and (C) by inserting after subparagraph (S) the following new subparagraph: ``(T) in the case of a hospital, skilled nursing facility, home health agency, or hospice program, subject to section 1147(c), to provide for annual payment to the Secretary of the appropriate amount specified under section 1147(a) as necessary for the conduct of an annual financial and compliance audit of the hospital, facility, agency, or program under such section.''. (2) Requirement for ambulance services and clinical laboratories.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)), as amended by sections 4319(b), 4432(b), 4507(a)(2)(B), 4541(b), and 4603(c)(2)(C) of the Balanced Budget Act of 1997, is amended-- (A) by striking ``or'' at the end of paragraph (20), (B) by striking the period at the end of paragraph (21) and inserting ``; or'', and (C) by inserting after paragraph (21) the following new paragraph: ``(22) where such expenses are for ambulance services or clinical laboratory services unless, subject to section 1147(c), the provider of such services has provided for annual payment to the Secretary of the appropriate amount specified under section 1147(a) as necessary for the conduct of an annual financial and compliance audit of the provider under such section.''. (c) Medicaid.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)), as amended by sections 4724(a) and 4724(b) of the Balanced Budget Act of 1997 (Public Law 105-33), is amended-- (1) by striking ``or'' at the end of paragraph (17), (2) by striking the period at the end of paragraph (18) and inserting ``; or'', and (3) by inserting after paragraph (18) the following new paragraph: ``(19) with respect to any amount expended for services furnished by a covered provider described in section 1147(b) unless, subject to section 1147(c), the provider has provided for annual payment to the Secretary of the appropriate amount specified under section 1147(a) as necessary for the conduct of an annual financial and compliance audit of the provider under such section.''. (d) Report on Auditing Agencies.-- (1) Study.--The Secretary of Health and Human Services shall conduct a study of the examining and accrediting agencies that conduct audits and inspections of covered providers (described in section 1147(b) of the Social Security Act, as added by subsection (a)). Such study shall include an examination of the audits and inspections conducted by such agencies. (2) Report.--Based on the study conducted under paragraph (1), the Secretary shall submit to Congress, by not later than June 1, 1999, a report that includes recommendations on how best to coordinate and consolidate these audits and inspections to minimize unnecessary duplication. (e) Effective Date.--The amendments made by subsections (a) through (c) shall take effect as of January 1, 1998.", "summary": "Medicare and Medicaid Provider Review Act of 1997 - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to: (1) establish a schedule of hourly rates for the conduct of annual financial and compliance audits during each fiscal year for all covered health care providers that receive payments under SSA title XVIII (Medicare) or XIX (Medicaid); and (2) provide for the conduct of such audits, in a separate HHS office, by specially trained and qualified personnel of each provider's substantial compliance with the requirements for receiving such payments. Amends SSA titles XVIII and XIX to require covered providers to provide for annual payment to the Secretary of appropriate amounts for the conduct of such audits. Makes appropriations to the Secretary from such payments for the sole purpose of conducting such audits. Directs the Secretary to study and report to the Congress on examining and accrediting agencies that audit and inspect covered providers."}
{"article": "SECTION 1. GRANULATED POLYTETRAFLUOROETHYLENE RESIN FROM ITALY. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate the entries listed in subsection (d) in accordance with the U.S. Department of Commerce Final Results of Antidumping Administrative Review (60 Fed. Reg. 53,737 (October 17, 1995)) and the corresponding internal liquidation instructions issued on July 7, 2000. (b) Request.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefore is filed with the Bureau of Customs and Border Protection not later than 90 days after the date of the enactment of this Act. (c) Refund of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry described in subsection (d) (including interest from the date of entry) shall be refunded not later than 90 days after the date of such liquidation or reliquidation. (d) Entry.--The entries referred to in subsection (a) are as follows: Entry number Entry date Liquidation Date 002-0504959-6....... 07/14/92............ 12/01/00 237-0049216-0....... 08/04/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 237-0049310-1....... 08/24/92............ 12/01/00 237-0049310-1....... 08/24/92............ 12/01/00 237-0049310-1....... 08/24/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 237-0049661-7....... 10/12/92............ 11/06/98 237-0049661-7....... 10/12/92............ 11/06/98 237-0049661-7....... 10/12/92............ 11/06/98 002-0505350-7....... 10/19/92............ 12/01/00 002-0505350-7....... 10/19/92............ 12/01/00 002-0505350-7....... 10/19/92............ 12/01/00 002-0505350-7....... 10/19/92............ 12/01/00 002-0505350-7....... 10/19/92............ 12/01/00 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0506261-5....... 03/30/93............ 05/24/96 002-0506261-5....... 03/30/93............ 05/24/96 002-0506261-5....... 03/30/93............ 05/24/96 002-0506261-5....... 03/30/93............ 05/24/96 002-0506261-5....... 03/30/93............ 05/24/96 002-0506337-3....... 04/23/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0505117-0....... 08/31/92............ 12/01/00 002-0505117-0....... 08/31/92............ 12/01/00 002-0505117-0....... 08/31/92............ 12/01/00 002-0505156-8....... 09/03/92............ 12/01/00 002-0505156-8....... 09/03/92............ 12/01/00 002-0505221-0....... 09/14/92............ 12/01/00 002-0505222-8....... 09/14/92............ 12/01/00 002-0505217-8....... 09/21/92............ 12/01/00 002-0505217-8....... 09/21/92............ 12/01/00 002-0505270-7....... 09/28/92............ 12/01/00 002-0505270-7....... 09/28/92............ 12/01/00 002-0505270-7....... 09/28/92............ 12/01/00 002-0505328-3....... 10/14/92............ 12/01/00 002-0505328-3....... 10/14/92............ 12/01/00 002-0505328-3....... 10/14/92............ 12/01/00 002-0505364-8....... 10/19/92............ 12/01/00 002-0505364-8....... 10/19/92............ 12/01/00 002-0505654-2....... 12/22/92............ 12/01/00 002-0505653-4....... 12/21/92............ 12/01/00 002-0505653-4....... 12/21/92............ 12/01/00 002-0505651-8....... 12/24/92............ 12/01/00 002-0505651-8....... 12/24/92............ 12/01/00 002-0505651-8....... 12/24/92............ 12/01/00 002-0505651-8....... 12/24/92............ 12/01/00 002-0505811-8....... 01/11/93............ 05/24/96 002-0505811-8....... 01/11/93............ 05/24/96 002-0505809-2....... 01/13/93............ 05/24/96 002-0505809-2....... 01/13/93............ 05/24/96 002-0505877-9....... 01/25/93............ 05/24/96 002-0505877-9....... 01/25/93............ 05/24/96 002-0505878-7....... 01/25/93............ 05/24/96 002-0506061-9....... 02/15/93............ 05/24/96 002-0506061-9....... 02/15/93............ 05/24/96 002-0505998-3....... 02/23/93............ 05/24/96 002-0505998-3....... 02/23/93............ 05/24/96 002-0506181-5....... 03/09/93............ 05/24/96 002-0506181-5....... 03/09/93............ 05/24/96 002-0506136-9....... 03/19/93............ 05/24/96 002-0506202-9....... 03/19/93............ 05/24/96 002-0506202-9....... 03/19/93............ 05/24/96 002-0506221-9....... 03/29/93............ 05/24/96 002-0506221-9....... 03/29/93............ 05/24/96 002-0506221-9....... 03/29/93............ 05/24/96 002-0506221-9....... 03/29/93............ 05/24/96 002-0506269-8....... 04/02/93............ 05/24/96 002-0506302-7....... 04/13/93............ 05/24/96 002-0506365-4....... 04/13/93............ 05/24/96 002-0506365-4....... 04/13/93............ 05/24/96 002-0506364-7....... 04/28/93............ 05/24/96 002-0506340-7....... 04/20/93............ 05/24/96 002-0506340-7....... 04/20/93............ 05/24/96 002-0506396-9....... 05/04/93............ 05/24/96 002-0506455-3....... 05/10/93............ 05/24/96 002-0506455-3....... 05/10/93............ 05/24/96 002-0506524-6....... 05/17/93............ 05/24/96 002-0506539-4....... 05/25/93............ 05/24/96 002-0506539-4....... 05/25/93............ 05/24/96 002-0506584-0....... 06/07/93............ 05/24/96 002-0506584-0....... 06/07/93............ 05/24/96", "summary": "Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries of Granulated polytetrafluoroethylene resin from Italy."}
{"article": "SECTION 1. FINDINGS. Congress finds the following: (1) The Taiwan Relations Act (22 U.S.C. 3301 et seq.; Public Law 96-8) is the cornerstone of relations between the United States and Taiwan, which is also governed by the three joint communiques and the Six Assurances. (2) The Taiwan Relations Act has governed United States arms sales to Taiwan since 1979, when the United States extended diplomatic recognition to the People's Republic of China. (3) The Taiwan Relations Act specifies that it is United States policy, among other things, to consider any nonpeaceful means to determine Taiwan's future ``a threat'' to the peace and security of the Western Pacific and of ``grave concern'' to the United States, ``to provide Taiwan with arms of a defensive character'', and ``to maintain the capacity of the United States to resist any resort to force or other forms of coercion'' jeopardizing the security or social or economic system of Taiwan's people. (4) Section 3(a) of the Taiwan Relations Act states that ``the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self- defense capability''. (5) Section 3(b) of the Taiwan Relations Act stipulates that both the President and the Congress shall determine the nature and quantity of such defense articles and services ``based solely'' upon their judgment of the needs of Taiwan. (6) Taiwan in March 2009 issued its first Quadrennial Defense Review, a robust, defense-oriented strategy that aims to shape the regional security environment and deter conflict while transforming the military into a leaner, more efficient fighting force with sustainable capabilities, thereby helping to demonstrate that Taiwan has the resolve and commitment to successfully strengthen its own defenses. (7) According to the Congressional Research Service, the executive branch has yet to send any arms transfer notifications to Congress for Taiwan during calendar year 2009, including notifications for Blackhawk helicopters, diesel submarine design, and additional Patriot PAC-3 systems, nor has it yet transferred the OSPREY class minehunter coastal ships ORIOLE (MHC-55) and FALCON (MHC-59), even though Congress authorized the sale of these ships in calendar 2008 in the Consolidated Natural Resources Act of 2008 (Public Law 110- 229). (8) Taiwanese President Ma Ying-jeou has reiterated his administration's desire to acquire United States built F-16 C/ Ds and other weapons on many public occasions, including in an April 22 address to the United States by teleconference to mark the 30th anniversary of the Taiwan Relations Act and a statement issued during a May 26 transit stop in the United States on his way to Central America for a diplomatic visit. (9) Taiwanese President Ma Ying-jeou also stated on October 2, 2009, that ``Although there are pragmatic improvements in cross-strait ties, this doesn't mean we can let our guard down.''. (10) As highlighted in the March 2009 Department of Defense annual report to Congress on China's military, ``China's armed forces are rapidly developing coercive capabilities . . . [that] could in the future be used to pressure Taiwan toward a settlement of the cross-Strait dispute on Beijing's terms while simultaneously attempting to deter, delay, or deny any possible U.S. support for the island in case of conflict.''. SEC. 2. MANDATORY CONGRESSIONAL BRIEFINGS. (a) Briefings.--Not later than 90 days after the date of the enactment of this Act and at least annually thereafter, the Secretary of State, in consultation with the Secretary of Defense, shall provide detailed briefings to Congress on-- (1) any discussions conducted between any executive branch agency and the Government of Taiwan during the covered period; and (2) any potential transfer of defense articles or defense services to the Government of Taiwan. (b) Definitions.--In this section: (1) Covered period.--The term ``covered period'' means, with respect to-- (A) the initial briefing required under subsection (a), the period beginning on the date of the enactment of this Act and ending on the date of such initial briefing; and (B) subsequent briefings required under such subsection, the period beginning on the day after the date of the most recent briefing and ending on the date of any such subsequent briefing. (2) Executive branch agency.--The term ``executive branch agency'' has the meaning given the term ``agency'' in section 551(1) of title 5, United States Code. (3) Defense article.--The term ``defense article'' has the meaning given the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794). (4) Defense service.--The term ``defense service'' has the meaning given the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794).", "summary": "Directs the Secretary of State to provide briefings to Congress at least once a year regarding: (1) discussions conducted between any executive branch agency and the government of Taiwan; and (2) potential defense article or defense service transfers to the government of Taiwan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Crimes Resources Act of 2009''. SEC. 2. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE CRIMINAL ACTIVITY INVOLVING COMPUTERS, CRIMES OF FRAUD INVOLVING FEDERAL ECONOMIC ASSISTANCE AND RELIEF PROGRAMS, AND FINANCIAL CRIMES. (a) Additional Funding for Resources.-- (1) Authorization.--For the purposes described in subsection (b), there are authorized to be appropriated for each of the fiscal years 2010 through 2012-- (A) to the Director of the United States Secret Service, $20,000,000; (B) to the Director of the Federal Bureau of Investigation, $100,000,000; (C) to the Attorney General, for-- (i) the Criminal Division of the Department of Justice, $20,000,000; (ii) the Civil Division of the Department of Justice, $15,000,000; (iii) the Tax Division of the Department of Justice, $5,000,000; and (iv) the offices of the United States Attorneys, $50,000,000; (D) to the Inspector General of the Department of Housing and Urban Development, $30,000,000; (E) to the Chief Postal Inspector of the United States Postal Inspection Service, $30,000,000; and (F) to the Director of the Administrative Office of the United States Courts, $20,000,000. (2) Additional funding and availability.--The amounts authorized under paragraph (1) are in addition to amounts otherwise authorized in other Acts, and shall remain available until expended. (b) Use of Additional Funding.--Funds made available under subsection (a)(1) shall be used-- (1) by the recipients described in subparagraphs (A) through (E) of such subsection, to provide for resources to investigate and prosecute criminal activity involving computers, crimes of fraud involving Federal economic assistance and relief programs, and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud; and (2) by the recipient described in subparagraph (F) of such subsection, for costs associated with providing defense services in cases in which a defendant is charged with criminal activity involving computers, crimes of fraud involving Federal economic assistance and relief programs, and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud. SEC. 3. GRANTS FOR STATE AND LOCAL LAW ENFORCEMENT. (a) In General.--Subject to the availability of amounts provided in advance in appropriations Acts, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice may award grants to States to establish and develop programs to increase and enhance enforcement against criminal activity involving computers and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud. (b) Application.--To be eligible for a grant under subsection (a), a State shall submit an application to the Assistant Attorney General for the Office of Justice Programs of the Department of Justice at such time, in such manner, and containing such information, including as described in subsection (d), as the Assistant Attorney General may require. (c) Use of Grant Amounts.--A grant awarded to a State under subsection (a) shall be used by a State to establish and develop programs to-- (1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating to criminal activity involving computers and financial crimes; (2) assist State and local law enforcement agencies in educating the public to prevent and identify criminal activity involving computers and financial crimes; (3) educate and train State and local law enforcement officers and prosecutors to conduct investigations, forensic analyses of evidence, and prosecutions of criminal activity involving computers and financial crimes; (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of criminal activity involving computers and financial crimes; (5) assist public defenders with providing defense services to defendents in cases in which the defendant is charged with criminal activity involving computers or a financial crime, including mortgage fraud, securities fraud, and financial institution fraud; and (6) facilitate and promote communication between Federal, State, and local law enforcement to improve the sharing of Federal law enforcement expertise and information about the investigation, forensic analysis of evidence, and prosecution of criminal activity involving computers and financial crimes with State and local law enforcement officers and prosecutors, including the use of multi-jurisdictional task forces. (d) Assurances and Eligibility.--To be eligible to receive a grant under subsection (a), a State shall provide assurances to the Assistant Attorney General for the Office of Justice Programs of the Department of Justice that the State-- (1) will provide an assessment of the resource needs of the State and units of local government within that State, including criminal justice resources being devoted to the investigation and enforcement of laws related to criminal activity involving computers and financial crimes; (2) will develop a plan for coordinating the programs funded under this section with other federally funded technical assistance and training programs; and (3) will submit to the Assistant Attorney General for the Office of Justice Programs of the Department of Justice applicable reports in accordance with subsection (f). (e) Matching Funds.--The Federal share of a grant received under this section may not exceed 90 percent of the total cost of a program or proposal funded under this section unless the Assistant Attorney General for the Office of Justice Programs of the Department of Justice waives, wholly or in part, the requirements of this subsection. (f) Reports.--For each year that a State receives a grant under subsection (a) for a program, the State shall submit to the Assistant Attorney General for the Office of Justice Programs of the Department of Justice a report on the results, including the effectiveness, of such program during such year. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $250,000,000 for each of the fiscal years 2010 through 2012. (2) Limitations.--Of the amount made available to carry out this section in any fiscal year, not more than 3 percent may be used for salaries and administrative expenses for the Department of Justice. (3) Minimum amount.--Each State submitting an application for, and eligible to receive, a grant under this section for a fiscal year shall be allocated under this section, in each such fiscal year, not less than 0.75 percent of the total amount appropriated in such fiscal year for grants pursuant to this section, except that not less than 0.25 percent of such total amount shall be allocated to the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, collectively. (4) Grants to indian tribes.--Notwithstanding any other provision of this section, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice may use amounts made available under this section to make grants to Indian tribes for use in accordance with this section.", "summary": "Financial Crimes Resources Act of 2009 - Authorizes appropriations for FY2010-FY2012 to the U.S. Secret Service, the Federal Bureau of Investigation (FBI), the Department of Justice (DOJ), and other federal agencies for the investigation and prosecution of criminal activity involving computers, crimes of fraud involving federal economic assistance and relief programs, and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud. Authorizes the Assistant Attorney General for the Office of Justice Programs of DOJ to award grants to states to establish and develop programs for enforcement against criminal activity involving computers and financial crimes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Medical Access Raising Test Scores Health Act'', or the ``SMARTS Health Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Journal of the American Medical Association reports that protecting children's health requires two key elements, which are (A) that a caring adult is engaged in the life of the child, and (B) that there is a connection between the child and his or her school. (2) Schools offer the most natural community setting in which individuals live, work, and play. Schools are a respected element of community infrastructure and are recognized as the most valuable element in creating connection and support for children, families, and communities. (3) Primary care and behavioral health services are among the most important elements of a comprehensive approach to promoting health and education and preventing illness in children and youth. (4) School safety and violence prevention are critical to the well-being of each student, and early intervention and mental health care significantly reduce school discipline problems. (5) Good health is a prerequisite for optimal learning, and schools can help students achieve academic success by participating in efforts that promote good health, including access to regular medical and mental health care. (6) Children are experiencing increasing rates of behavioral and physical illness, such as attention deficit hyperactivity disorder (ADHD) and asthma and diabetes, and are experiencing increasing rates of obesity that portend increasing rates of diabetes, heart disease, and cancer later in life. (7) In order to be effective, new strategies for prevention must be built on community-based, community-designed, and community-implemented strategies. (8) Effective behavioral and physical health services can be provided in a school-based setting in such a way as to prevent later disease. (9) Schools are ideal settings in which to provide care for children, especially those who would otherwise have inadequate access to health services. Limited access contributes directly to the growing rates of disease among children. Prevention strategies should be joined with treatment to develop an understanding of what types of prevention can reduce rates of illness, and therefore the need for treatment. Higher rates of disease, even with adequate access to health services, portend loss of vitality and higher complications from disease. (10) School-based health programs should focus on improving behavioral and physical health, including with respect to obesity. (11) By reducing the incidence of disease, effective community-based prevention programs (whether through school- based approaches or otherwise) result in significant savings to the Federal Government and to the States by reducing expenditures in Federal and State health services programs. Such savings should be dedicated to further prevention efforts, which in turn will result in further savings. Savings that result from prevention programs should not be redirected to unrelated purposes, and prevention programs that achieve savings should not be penalized by having their funding levels reduced. SEC. 3. DEMONSTRATION GRANTS FOR EXPANSION OF SCHOOL-BASED HEALTH PROGRAMS. (a) In General.-- (1) Program of grants.--The Secretary of Health and Human Services may make demonstration grants to eligible entities for the purpose of expanding school-based health programs that are operated by such entities. (2) Consultation.--The Secretary shall coordinate the program under this section with the program under title XIX of the Social Security Act (relating to Medicaid); the program under title XXI of such Act (relating to the State children's health insurance program); programs of the Substance Abuse and Mental Health Services Administration; programs of the Health Resources and Services Administration; programs of the Centers for Disease Control and Prevention; programs of the Agency for Healthcare Research and Quality; programs of the National Institutes of Health; and the National Center on Minority Health and Health Disparities. (b) Eligible Entities.--An entity is an eligible entity for purposes of this Act if-- (1) the entity is a public or nonprofit private institution of higher education or a local educational agency; (2) the entity operates a school-based health program; (3) the health services provided by such program include preventive health services and behavioral health services, including with respect to nutrition, physical activity, and otherwise preventing or treating obesity; and (4) such program is carried out in coordination with public and nonprofit private entities in the community involved that provide health, education, or social services to children. (c) Certain Programs.--Grants under subsection (a) shall be made only to the following entities (subject to the submission of an application in accordance with subsection (d) demonstrating status as an eligible entity), and for the following purposes: (1) To the University of Maryland for expanding the school- based health program operated by such University in the vicinity of Baltimore, in the State of Maryland. (2) To the local educational agency that operates a school- based health program in an independent school district in the vicinity of Dallas, in the State of Texas, for expanding such program. (3) To the University of New Mexico for expanding the school-based health program operated by such University in the State of New Mexico. (4) To the University of California, Los Angeles, for expanding the school-based health program operated by such University in the vicinity of Los Angeles, in the State of California. (5) To the Child Study Center Outpatient Clinic, Yale University, for expanding the school-based health program operated by such Center in the vicinity of New Haven, in the State of Connecticut. (6) To the University of Illinois at Chicago, for expanding the school-based health program operated by such University in the vicinity of Chicago, in the State of Illinois. (d) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the secretary determines to be necessary to carry out this section. (e) Outcome Goals.--In making a grant under subsection (a) for a school-based health program, the Secretary shall establish goals for the program in terms of health outcomes for the children served by the program. Such goals shall be based on the objectives established by the Secretary as part of the initiative known as Healthy People 2010, or on other measures determined by the Secretary to be appropriate. (f) Evaluations; Report.-- (1) Evaluations.--The Secretary, directly or through grants or contracts, shall provide for evaluations of the school-based programs for which grants under subsection (a) are made. Such evaluations shall determine whether the programs have met the applicable goals under subsection (e), and shall determine the extent to which the programs have increased the access of the children involved to health services, have enhanced the overall health status of the children, and have reduced disease rates. (2) Report.--Not later than December 31, 2004, the Secretary shall submit to the Congress a report that describes the findings made through evaluations under paragraph (1) and that provides the recommendations of the Secretary for a comprehensive national program to provide grants for the establishment and operation of school-based health programs, including a recommendation on the amount of funds that should be made available for the comprehensive national program, taking into account the savings that can be achieved in Federal and State health services programs by reducing the incidence of disease in the populations served by the program. (g) Definitions.-- (1) The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965. (2) The term ``local educational agency'' has the meaning given such term in section 9101(26) of the Elementary and Secondary Education Act of 1965. (3) The term ``Secretary'' means the Secretary of Health and Human Services. (h) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2008.", "summary": "Student Medical Access Raising Test Scores Health Act - SMARTS Health Act - Authorizes the Secretary of Health and Human Services to make demonstration grants to expand school-based health programs.Directs the Secretary to coordinate such grants program with other specified health programs.Limits the making of such grants to the following eligible entities, for expansion of the following school-based health programs: (1) the University of Maryland, for its program in the Baltimore, Maryland, vicinity; (2) the local educational agency for its program in an independent school district in the Dallas, Texas, vicinity; (3) the University of New Mexico for its program in New Mexico; (4) the University of California, Los Angeles, for its program in the Los Angeles, California, vicinity; (5) the Child Study Center Outpatient Clinic, Yale University, for its program in the New Haven, Connecticut, vicinity; and (6) the University of Illinois at Chicago, for its program in the Chicago, Illinois, vicinity.Directs the Secretary, in making such a grant, to establish goals for the program in terms of health outcomes for the children served."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic Deterrent Sustainment Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The strategic forces of the United States remain a cornerstone of United States national security. (2) The 2001 Nuclear Posture Review states that it is the current policy of the United States that intercontinental ballistic missiles (ICBMs), submarine-launched ballistic missiles, and long-range nuclear-armed bombers play a critical role in the defense capabilities of the United States, its allies, and friends. (3) The dispersed and alert Minuteman III intercontinental ballistic missile system provides the most responsive, stabilizing, and cost-effective strategic force. (4) Section 139 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) requires the Secretary of the Air Force to modernize Minuteman III intercontinental ballistic missiles in the United States inventory so as to maintain a sufficient supply of launch test assets and spares to sustain the deployed force of such missiles through 2030. (5) The modernization program for the Minuteman III intercontinental ballistic missile is nearing completion. Once that program is complete, there will be no program to sustain the capability of the United States industrial base to modernize or replace the intercontinental ballistic missiles that constitute the sole land-based strategic deterrent system of the United States. (6) As an example, motor production for the Minuteman III Propulsion Replacement Program (PRP) is currently scheduled to end in fiscal year 2009. Once the PRP program ends, the capacity of the United States industrial base to respond to matters arising from the aging and obsolescence of Minuteman III intercontinental ballistic missiles will be extremely diminished, decades-worth of critical program knowledge may be lost, and the current design of the Minuteman III intercontinental ballistic missile is likely to no longer be reproducible. SEC. 3. REPORT ON CAPABILITIES FOR SUSTAINMENT OF THE MINUTEMAN III INTERCONTINENTAL BALLISTIC MISSILE. (a) Report Required.--Not later than March 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the capability of the United States industrial base to achieve each of the following: (1) To maintain, modernize, and sustain the Minuteman III intercontinental ballistic missile (ICBM) system until at least 2030. (2) To replace the Minuteman III intercontinental ballistic missile with a follow-on land-based strategic deterrent system after 2030. (b) Elements.--The report required by paragraph (1) shall include the following: (1) A description of any current plans for extending the Minuteman III intercontinental ballistic missile system after the period from 2020 to 2030, including plans for testing sufficient to account for any aging and obsolescence found in the Minuteman III intercontinental ballistic missile during the remaining life of the system, and an assessment of the risks associated with such plans after the shutdown of associated production lines. (2) A description of any current plans to maintain the Minuteman III intercontinental ballistic missile system after 2030, including an assessment of any risks associated with such plans after the shutdown of associated production lines. (3) An explanation why the Minuteman III intercontinental ballistic missile system, the only United States land-based strategic deterrent system, is no longer considered to be of the highest national defense urgency, as indicated by inclusion of the system on the so-called ``DX-Rated Program List'' while the sea-based strategic deterrent system, the Trident II D5 missile system, is still on the so-called ``DX-list''. (4) An analysis of existing commonalities between the service life extension program for the Trident II D5 missile system and any equivalent planned service life extension program for the Minuteman III intercontinental ballistic missile system, including an analysis of the impact on materials, the supplier base, production facilities, and the production workforce of extending all or part of the service life extension program for the Trident II D5 missile system to a service life extension program for the Minuteman III intercontinental ballistic missile system. (5) An assessment of the adequacy of current and anticipated programs, such as missile defense, space launch, and prompt global strike programs, to support the industrial base for the Minuteman III intercontinental ballistic missile system, including an analysis of the impact on materials, the supplier base, production facilities, and the production workforce of extending all or part of any such program to the program for the Minuteman III intercontinental ballistic missile system. (c) Comptroller General Review.--Not later than 60 days after submittal under subsection (a) of the report required by that subsection, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the Comptroller General's assessment of the matters contained in the report under subsection (a), including an assessment of the consistency of the budget of the President for fiscal year 2009, as submitted to Congress pursuant to section 1105 of title 31, United States Code, with the matters contained in the report under subsection (a). (d) Congressional Defense Committees Defined.--In this section, the term ``congressional defense committees'' means-- (1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.", "summary": "Strategic Deterrent Sustainment Act of 2007 - Directs the Secretary of Defense to report to the congressional defense committees respecting the capability of the U.S. industrial base to: (1) maintain, modernize, and sustain the Minuteman III intercontinental ballistic missile (ICBM) system until at least 2030; and (2) replace the Minuteman III intercontinental ballistic missile with a follow-on land-based strategic deterrent system after 2030."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``9/11 Commission Civil Liberties Board Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On July 22, 2004 the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) issued a report that included 41 specific recommendations to help prevent future terrorist attacks, including details of a global strategy and government reorganization necessary to implement that strategy. (2) One of the recommendations focused on the protections of civil liberties. Specifically the following recommendation was made: ``At this time of increased and consolidated government authority, there should be a board within the executive branch to oversee adherence to the guidelines we recommend and the commitment the government makes to defend our civil liberties.''. (3) The report also states that ``the choice between security and liberty is a false choice, as nothing is more likely to endanger America's liberties than the success of a terrorist attack at home. Our History has shown that the insecurity threatens liberty at home. Yet if our liberties are curtailed, we lose the values that we are struggling to defend.''. (4) On December 17, 2004, Public Law 108-458, the National Intelligence Reform Act, was signed into law. This law created a civil liberties board that does not have the authority necessary to protect civil liberties. (5) The establishment and adequate funding of a Privacy and Civil Liberties Oversight Board was a crucial recommendation made by the 9/11 Commission. (6) In its Final Report on 9/11 Commission Recommendations, the Commission noted ``very little urgency'' and ``insufficient'' funding as it relates to the establishment of the Privacy and Civil Liberties Oversight Board. (7) While the President's budget submission for fiscal year 2006 included $750,000 for the Privacy and Civil Liberties Oversight Board, the President's budget submission for fiscal year 2007 does not contain a funding line for the Board. SEC. 3. MAKING THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD INDEPENDENT. Section 1061(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended by striking ``within the Executive Office of the President'' and inserting ``as an independent agency within the Executive branch''. SEC. 4. REQUIRING ALL MEMBERS OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD BE CONFIRMED BY THE SENATE. Subsection (e) of section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended to read as follows: ``(e) Membership.-- ``(1) Members.--The Board shall be composed of a full-time chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Qualifications.--Members of the Board shall be selected solely on the basis of their professional qualifications, achievements, public stature, expertise in civil liberties and privacy, and relevant experience, and without regard to political affiliation, but in no event shall more than 3 members of the Board be members of the same political party. The President shall, before appointing an individual who is not a member of the same political party as the President consult with the leadership of that party, if any, in the Senate and House of Representatives. ``(3) Incompatible office.--An individual appointed to the Board may not, while serving on the Board, be an elected official, officer, or employee of the Federal Government, other than in the capacity as a member of the Board. ``(4) Term.--Each member of the Board shall serve a term of six years, except that-- ``(A) a member appointed to a term of office after the commencement of such term may serve under such appointment only for the remainder of such term; ``(B) upon the expiration of the term of office of a member, the member shall continue to serve until the member's successor has been appointed and qualified, except that no member may serve under this subparagraph-- ``(i) for more than 60 days when Congress is in session unless a nomination to fill the vacancy shall have been submitted to the Senate; or ``(ii) after the adjournment sine die of the session of the Senate in which such nomination is submitted; and ``(C) the members initially appointed under this subsection shall serve terms of two, three, four, five, and six years, respectively, from the effective date of this Act, with the term of each such member to be designated by the President. ``(5) Quorum and meetings.--The Board shall meet upon the call of the chairman or a majority of its members. Three members of the Board shall constitute a quorum.''. SEC. 5. SUBPOENA POWER FOR THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. Section 1061(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended-- (1) so that subparagraph (D) of paragraph (1) reads as follows: ``(D) require, by subpoena issued at the direction of a majority of the members of the Board, persons (other than departments, agencies, and elements of the executive branch) to produce any relevant information, documents, reports, answers, records, accounts, papers, and other documentary or testimonial evidence.''; and (2) so that paragraph (2) reads as follows: ``(2) Enforcement of subpoena.--In the case of contumacy or failure to obey a subpoena issued under paragraph (1)(D), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to produce the evidence required by such subpoena.''. SEC. 6. REPORTING REQUIREMENTS. (a) Duties of Board.--Paragraph (4) of section 1061(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended to read as follows: ``(4) Reports.-- ``(A) Receipt, review, and submission.-- ``(i) In general.--The Board shall-- ``(I) receive and review reports from privacy officers and civil liberties officers described in section 212; and ``(II) periodically submit, not less than semiannually, reports to the appropriate committees of Congress, including the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives, and to the President. Such reports shall be in unclassified form to the greatest extent possible, with a classified annex where necessary. ``(ii) Contents.--Not less than 2 reports the Board submits each year under clause (i)(II) shall include-- ``(I) a description of the major activities of the Board during the preceding period; ``(II) information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (c); ``(III) the minority views on any findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (c); and ``(IV) each proposal reviewed by the Board under subsection (c)(1) that the Board advised against implementing, but that notwithstanding such advice, was implemented. ``(B) Informing the public.--The Board shall-- ``(i) make its reports, including its reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and ``(ii) hold public hearings and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law.''. (b) Privacy and Civil Liberties Officers.--Section 1062 of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended to read as follows: ``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS. ``(a) Designation and Functions.--The Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the National Intelligence Director, the Director of the Central Intelligence Agency, any other entity within the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), and the head of any other department, agency, or element of the executive branch designated by the Privacy and Civil Liberties Oversight Board to be appropriate for coverage under this section shall designate not less than 1 senior officer to-- ``(1) assist the head of such department, agency, or element and other officials of such department, agency, or element in appropriately considering privacy and civil liberties concerns when such officials are proposing, developing, or implementing laws, regulations, policies, procedures, or guidelines related to efforts to protect the Nation against terrorism; ``(2) periodically investigate and review department, agency, or element actions, policies, procedures, guidelines, and related laws and their implementation to ensure that such department, agency, or element is adequately considering privacy and civil liberties in its actions; ``(3) ensure that such department, agency, or element has adequate procedures to receive, investigate, respond to, and redress complaints from individuals who allege such department, agency, or element has violated their privacy or civil liberties; and ``(4) in providing advice on proposals to retain or enhance a particular governmental power the officer shall consider whether such department, agency, or element has established-- ``(A) that the power actually enhances security and the need for the power is balanced with the need to protect privacy and civil liberties; ``(B) that there is adequate supervision of the use by such department, agency, or element of the power to ensure protection of privacy and civil liberties; and ``(C) that there are adequate guidelines and oversight to properly confine its use. ``(b) Exception to Designation Authority.-- ``(1) Privacy officers.--In any department, agency, or element referred to in subsection (a) or designated by the Board, which has a statutorily created privacy officer, such officer shall perform the functions specified in subsection (a) with respect to privacy. ``(2) Civil liberties officers.--In any department, agency, or element referred to in subsection (a) or designated by the Board, which has a statutorily created civil liberties officer, such officer shall perform the functions specified in subsection (a) with respect to civil liberties. ``(c) Supervision and Coordination.--Each privacy officer or civil liberties officer described in subsection (a) or (b) shall-- ``(1) report directly to the head of the department, agency, or element concerned; and ``(2) coordinate their activities with the Inspector General of such department, agency, or element to avoid duplication of effort. ``(d) Agency Cooperation.--The head of each department, agency, or element shall ensure that each privacy officer and civil liberties officer-- ``(1) has the information, material, and resources necessary to fulfill the functions of such officer; ``(2) is advised of proposed policy changes; ``(3) is consulted by decisionmakers; and ``(4) is given access to material and personnel the officer determines to be necessary to carry out the functions of such officer. ``(e) Reprisal for Making Complaint.--No action constituting a reprisal, or threat of reprisal, for making a complaint or for disclosing information to a privacy officer or civil liberties officer described in subsection (a) or (b), or to the Privacy and Civil Liberties Oversight Board, that indicates a possible violation of privacy protections or civil liberties in the administration of the programs and operations of the Federal Government relating to efforts to protect the Nation from terrorism shall be taken by any Federal employee in a position to take such action, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. ``(f) Periodic Reports.-- ``(1) In general.--The privacy officers and civil liberties officers of each department, agency, or element referred to or described in subsection (a) or (b) shall periodically, but not less than quarterly, submit a report on the activities of such officers-- ``(A)(i) to the appropriate committees of Congress, including the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives; ``(ii) to the head of such department, agency, or element; and ``(iii) to the Privacy and Civil Liberties Oversight Board; and ``(B) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary. ``(2) Contents.--Each report submitted under paragraph (1) shall include information on the discharge of each of the functions of the officer concerned, including-- ``(A) information on the number and types of reviews undertaken; ``(B) the type of advice provided and the response given to such advice; ``(C) the number and nature of the complaints received by the department, agency, or element concerned for alleged violations; and ``(D) a summary of the disposition of such complaints, the reviews and inquiries conducted, and the impact of the activities of such officer. ``(g) Informing the Public.--Each privacy officer and civil liberties officer shall-- ``(1) make the reports of such officer, including reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and ``(2) otherwise inform the public of the activities of such officer, as appropriate and in a manner consistent with the protection of classified information and applicable law. ``(h) Savings Clause.--Nothing in this section shall be construed to limit or otherwise supplant any other authorities or responsibilities provided by law to privacy officers or civil liberties officers. ``(i) Protections for Human Research Subjects.--The Secretary of Homeland Security shall ensure that the Department of Homeland Security complies with the protections for human research subjects, as described in part 46 of title 45, Code of Federal Regulations, or in equivalent regulations as promulgated by such Secretary, with respect to research that is conducted or supported by such Department.''. SEC. 7. INCLUSION IN PRESIDENT'S BUDGET SUBMISSION TO CONGRESS. Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(36) a separate statement of the amount of appropriations requested for the Privacy and Civil Liberties Oversight Board.''.", "summary": "9/11 Commission Civil Liberties Board Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to make the Privacy and Civil Liberties Oversight Board (Board) an independent agency within the Executive branch. (Currently, such Board is established within the Executive Office of the President.) Requires the Board to be composed of a full-time chairman and four additional members, all to be confirmed by the Senate. Prohibits Board members, while so serving, from being an elected official, officer, or employee of the Federal Government. Provides six-year terms. Gives the Board subpoena power. Requires the Board to: (1) receive and review reports from privacy and civil liberties officers; and (2) report at least semiannually to specified congressional committees on Board activities and other appropriate matters. Directs the heads of specified Federal agencies to designate at least one senior officer for appropriate assistance with respect to privacy and civil liberties concerns as they relate to terrorism prevention. Directs the Secretary of Homeland Security to ensure that the Department of Homeland Security complies with the protections for human research subjects in research conducted or supported by such Department. Requires within the President's annual budget submission to Congress a separate statement of the amount of appropriations requested for the Board."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Marginal Well Production Preservation and Enhancement Act''. SEC. 2. TAX TREATMENT FOR PROLONGED MARGINAL PRODUCTION. (a) Increase in Percentage Depletion for Oil and Natural Gas Produced From Marginal Properties.-- (1) In general.--Paragraph (6) of section 613A(c) of the Internal Revenue Code of 1986 (relating to oil and natural gas produced from marginal properties) is amended to read as follows: ``(6) Oil and natural gas produced from marginal properties.-- ``(A) In general.--Except as provided in subsection (d)-- ``(i) the allowance for depletion under section 611 shall be computed in accordance with section 613 with respect to the taxpayer's marginal production of domestic crude oil and domestic natural gas, and ``(ii) 27.5 percent shall be deemed to be specified in subsection (b) of section 613 for purposes of subsection (a) of that section. ``(B) Coordination with other production of domestic oil and natural gas.--For purposes of this subsection-- ``(i) no allowance for depletion shall be allowed by reason of paragraph (1) with respect to the taxpayer's marginal production of domestic crude oil and domestic natural gas, and ``(ii) such production shall not be taken into account-- ``(I) in determining under paragraph (1) how much of the taxpayer's depletable oil quantity or depletable natural gas quantity has been used, or ``(II) for purposes of applying subparagraph (A), (B), or (C) of paragraph (7). ``(C) Marginal production.--The term `marginal production' means domestic crude oil or domestic natural gas which is produced during any taxable year from a property which-- ``(i) is a stripper well property for the calendar year in which the taxable year begins, or ``(ii) is a property substantially all of the production of which during such calendar year is heavy oil. ``(D) Stripper well property.--For purposes of this paragraph, the term `stripper well property' means, with respect to any calendar year, any property with respect to which the amount determined by dividing-- ``(i) the average daily production of domestic crude oil and domestic natural gas from producing wells on such property for such calendar year, by ``(ii) the number of such wells, is 15 barrel equivalents or less. ``(E) Heavy oil.--For purposes of this paragraph, the term `heavy oil' means domestic crude oil produced from any property if such crude oil had a weighted average gravity of 20 degrees API or less (corrected to 60 degrees Fahrenheit). ``(F) Nonapplication of taxable income limit with respect to marginal production.--The second sentence of subsection (a) of section 613 shall not apply to so much of the allowance for depletion as is determined under subparagraph (A).''. (2) Conforming amendments.-- (A) Section 613A(c)(3) of the Internal Revenue Code of 1986 (defining depletable oil quantity) is amended to read as follows: ``(3) Depletable oil quantity.--For purposes of paragraph (1), the taxpayer's depletable oil quantity shall be 1,000 barrels.''. (B) Subparagraphs (A) and (B) of section 613A(c)(7) of such Code are each amended by striking ``or (6), as the case may be''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2008. (b) 1-Year Extension of Suspension of Taxable Income Limit.-- Section 613A(c)(6)(H)(ii) of the Internal Revenue Code of 1986 (relating to temporary suspension of taxable income limit with respect to marginal production) is amended by striking ``2010'' and inserting ``2011''. SEC. 3. OIL AND GAS WELLS AND PIPELINE FACILITIES TECHNICAL AMENDMENT. Section 112(n)(4)(A) of the Clean Air Act (42 U.S.C. 7412(n)(4)(A)) is amended by striking ``this section'' and inserting ``this Act''. SEC. 4. NATIONAL RESPONSE SYSTEM. Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by striking paragraph (1) and inserting the following: ``(1) System.-- ``(A) Definition of wastewater treatment facility.--In this paragraph, the term `wastewater treatment facility' includes produced water from an oil production facility. ``(B) Regulations.--Consistent with the National Contingency Plan required under subsection (d), as soon as practicable after the effective date of this section, and from time to time thereafter, the President shall promulgate regulations consistent with maritime safety and marine and navigation laws-- ``(i) establishing methods and procedures for removal of discharged oil and hazardous substances; ``(ii) establishing criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans; ``(iii) establishing procedures, methods, and requirements and other requirements for equipment to prevent discharges of oil and hazardous substances from vessels and from onshore facilities and offshore facilities (other than wastewater treatment facilities), and to contain those discharges; and ``(iv) governing the inspection of vessels carrying cargoes of oil and hazardous substances and the inspection of those cargoes in order to reduce the likelihood of discharges of oil from vessels in violation of this section. ``(C) Small facilities.--In carrying out clause (iii) of subparagraph (B), not later than 1 year after the date of enactment of that clause, the Administrator shall establish procedures, methods, and equipment requirements and other requirements for, and consider the cost-effectiveness of those requirements on, small facilities (including agricultural and oil production facilities) to prevent discharges from facilities and offshore facilities, and to contain those discharges, by developing regulations based on storage volume and capacity that, with respect to those small facilities-- ``(i) apply to any facility the total oil storage capacity of which is at least 1,320 gallons but less than 50,000 gallons, and at which no single tank exceeds a nominal capacity of 21,000 gallons; and ``(ii) establish minimal requirements and plans by eliminating engineer certification, flow lines, loading and unloading areas, integrity testing, and other requirements, as determined by the Administrator, that do not take into consideration and meet cost- effectiveness standards.''. SEC. 5. RECOVERY PERIOD FOR DEPRECIATION OF PROPERTY USED TO INJECT QUALIFIED TERTIARY INJECTANTS. (a) In General.--Section 168(e)(3)(A) of the Internal Revenue Code of 1986 (defining 3-year property) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) any qualified tertiary injectant property.''. (b) Qualified Tertiary Injectant Property.--Section 168(e) of the Internal Revenue Code of 1986 (relating to classification of property) is amended by adding at the end the following new paragraph: ``(9) Qualified tertiary injectant property.--The term `qualified tertiary injectant property' means-- ``(A) any property-- ``(i) the principal use of which is to inject any tertiary injectant as a part of a tertiary recovery method (as defined in section 193(b)(3)), or ``(ii) which is a pipeline used to carry any tertiary injectant in connection with such tertiary recovery method, and ``(B) which has a class life of more than 4 years.''. (c) Alternative System.--The table contained in section 168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subparagraph (A)(iii) the following new item: ``(A)(iv).............................................. 7''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.", "summary": "Marginal Well Production Preservation and Enhancement Act - Amends the Internal Revenue Code to: (1) increase to 27.5% the percentage depletion allowance for domestic crude oil and natural gas production from marginal properties; (2) extend through 2010 the temporary suspension of the taxable income limit with respect to marginal production of crude oil and natural gas; and (3) accelerate to three years the recovery period of qualified tertiary injectant property for depreciation purposes. Amends the Clean Air Act with respect to emissions from small oil and gas exploration and production-related equipment. Amends the Federal Water Pollution Control Act to: (1) amend the definition of \"wastewater treatment facility\" to include produced water from an oil production facility; and (2) require the Administrator of the Environmental Protection Agency (EPA) to establish cost-effective minimal requirements for the prevention of oil and hazardous substance discharges for small facilities with oil storage capacities of less than 50,000 gallons at which no single tank exceeds a nominal capacity of 21,000 gallons."}
{"article": "PILOT PROGRAM. (a) Amendment to Chapter 12 of Title 5.--Chapter 12 of title 5, United States Code, is amended by adding immediately after section 1206 the following: ``Sec. 1207. Establishment of alternative dispute resolution program ``(a) In General.-- ``(1) The Merit Systems Protection Board is authorized to establish a 3-year program to provide employees and agencies with alternative dispute resolution processes to apply to workplace disputes and disagreements involving removals, suspensions for more than 14 days, and other adverse actions under section 7512. ``(2) The Board shall test and evaluate a variety of alternative dispute resolution techniques, which may include-- ``(A) settlement judges or attorneys; ``(B) mediation through use of shared neutrals; ``(C) mediation by Merit Systems Protection Board staff or others as appointed by the Chairman; ``(D) administrative arbitration; and ``(E) certified alternative dispute resolution counselors (agency personnel specifically trained in Board law and alternative dispute resolution techniques). ``(b) Early Intervention Alternative Dispute Resolution.-- ``(1) Invoking resolution process.--The Board's early intervention alternative dispute resolution process may be invoked after an agency has issued a notice letter of a proposed action to an employee but before a final decision has been made under section 7513. ``(2) Early intervention.--Any agency or employee may seek early intervention alternative dispute resolution from the Board by filing a request with the Board. If the Board determines that alternative dispute resolution is appropriate, the parties shall participate. ``(3) Mandatory resolution.--The Chairman of the Merit Systems Protection Board is authorized to designate up to 3 agencies with a substantial volume of Board appeals for participation in a mandatory early intervention alternative dispute resolution program. Under this alternative dispute resolution process, all matters appealable under section 7512 shall be subject to early intervention alternative dispute resolution unless the Board determines that the matter is not appropriate for the program or a statute or collective bargaining agreement precludes inclusion of the matter in the alternative dispute resolution program. ``(c) Alternative Dispute Resolution After an Appeal or Petition for Review Is Filed.-- ``(1) Appeal or petition for review.--Once an appeal or petition for review is filed with the Board, any employee or agency may request that a case be selected for alternative dispute resolution. The request shall be filed with the administrative judge assigned to the appeal or with the Clerk of the Board if the matter is before the Board on petition for review at the same time that the appeal or petition for review is filed. ``(2) Selection of cases.--The Board shall have sole authority to select cases for alternative dispute resolution after an appeal or petition for review is filed. The Board may also select cases for alternative dispute resolution as it determines appropriate. ``(d) Implementation.-- ``(1) Program duties.--In carrying out the program under this section, the Board shall-- ``(A) develop and prescribe standards for selecting and handling cases in which alternative dispute resolution is to be used; ``(B) take such actions as may be necessary, including waiver of all statutory, regulatory, or Board imposed adjudicatory time frames; and ``(C) establish a time target within which it intends to complete the alternative dispute resolution process. ``(2) Extension.--A party may request an extension of the alternative dispute resolution period, or the Board may extend the time period as it finds appropriate. ``(3) Recruitment.--The Chairman of the Merit Systems Protection Board may recruit and hire temporary staff or contractors to carry out this section. ``(4) Regulations.--The Board is authorized to prescribe such regulations as may be necessary to implement the alternative dispute resolution program. ``(e) Evaluation.-- ``(1) Criteria.--The Board's Office of Policy and Evaluation shall establish criteria for evaluating the alternative dispute resolution program and prepare a report containing findings and recommendations as to whether mandatory alternative dispute resolution is desirable, effective, and appropriate for cases decided by Federal administrative agencies under proceedings governed by chapters 5 and 7. ``(2) Report content.--The report shall include-- ``(A) the number of cases subject to the alternative dispute resolution program, the agencies involved, the results, and the resources expended; ``(B) a comprehensive analysis of the effectiveness of the program, including whether it is cost-effective; ``(C) a survey of the satisfaction of participants; and ``(D) a recommendation regarding the desirability of extending the alternative dispute resolution program beyond the prescribed expiration date and any recommended changes. ``(3) Report date.--The report shall be submitted to the President and the Congress 180 days following the close of the alternative dispute resolution program.''. (b) Appropriations.-- (1) In general.--For the purpose of carrying out the alternative dispute resolution program established by the amendment made by subsection (a), there are authorized to be appropriated the following sums: $1,000,000 for fiscal year 2000; $1,000,000 adjusted by the most recent percentage change in the employment cost index (ECI) for fiscal year 2001; and $1,000,000 adjusted by the most recent percentage change in the ECI for fiscal year 2002. (2) No reductions.--The authorization of appropriations by paragraph (1) shall not have the effect of reducing any funds appropriated for the Board for the purpose of carrying out its statutory mission under section 1204. (c) Effective Date.--The amendment made by subsection (a) shall take effect no later than the close of the 60th day after the date of enactment of appropriations authorized by subsection (b)(1) for fiscal year 2000 and shall remain in effect for 3 years from the effective date. (d) Conforming Amendment.--The table of sections for subchapter I of chapter 12 of title 5, United States Code, is amended by adding after the item relating to section 1206 the following new item: ``1207. Establishment of alternative dispute resolution program.''. SEC. 3. POLICY AND FINDINGS. (a) Policy.--Chapter 53 of title 5, United States Code, is amended to establish an MSPB Administrative Judge Pay Schedule and to provide MSPB administrative judges with pay that is comparable to that of immigration judges (IJs) and administrative law judges (ALJs). (b) Findings.--The Congress finds that-- (1) MSPB administrative judges perform work at the same level of importance and complexity as immigration judges and administrative law judges. Federal employees deserve to have their cases heard by judges with the same pay and status as the judges who hear private sector benefits and employment law cases. Veterans in the Federal workforce deserve to have their cases heard by judges with the same pay and status as the judges who hear cases involving illegal aliens. (2) MSPB administrative judges are leaving the Board for positions with other adjudicatory agencies. During the past 4 years, the Board has lost 20 percent of its most experienced judges to other adjudicatory agencies. MSPB administrative judges should not have to leave the agency to achieve the pay and status they deserve when they are adjudicating cases with the same importance and complexity as cases heard by IJs and ALJs. SEC. 4. MERIT SYSTEMS PROTECTION BOARD ADMINISTRATIVE JUDGES AND COMPENSATION. (a) Amendment to Chapter 53 of Title 5.--Chapter 53 of title 5, United States Code, is amended by adding immediately after section 5372a the following: ``Sec. 5372b. Merit Systems Protection Board administrative judges ``(a) Definitions.--For the purposes of this section-- ``(1) the term `administrative judge (AJ)' means an employee of the Merit Systems Protection Board appointed to an administrative judge position and paid under the MSPB Administrative Judge Schedule established by subsection (b); and ``(2) the term `administrative judge (GS)' means an employee of the Merit Systems Protection Board appointed to an administrative judge position and paid under the General Schedule described in section 5332 of this title. ``(b) In General.--There is established the MSPB Administrative Judge Pay Schedule which shall have 4 levels of pay, designated as AJ- 1, -2, -3, and -4. Each administrative judge (AJ) shall be paid at one of those levels in accordance with subsection (c). ``(c) Rates of Pay.-- ``(1) Basic pay.--The rates of basic pay for the levels of the MSPB Administrative Judge Pay Schedule established by the subsection (b) shall be as follows: ``(A) AJ-1: 70 percent of the next to highest rate of basic pay for the Senior Executive Service. ``(B) AJ-2: 80 percent of the next to highest rate of basic pay for the Senior Executive Service. ``(C) AJ-3: 90 percent of the next to highest rate of basic pay for the Senior Executive Service. ``(D) AJ-4: 92 percent of the next to highest rate of basic pay for the Senior Executive Service. ``(2) Locality pay.--Locality pay as provided by section 5304 shall be applied to the basic pay for administrative judges (AJ) paid under the MSPB Administrative Judge Pay Schedule. ``(d) Appointment and Advancement.-- ``(1) Initial appointment.--Except as provided in paragraph (3), initial appointment of an administrative judge (AJ) shall be at the AJ-1 pay level. Subject to subsection (d)(2), an administrative judge (AJ) shall be advanced to AJ-2 upon completion of 104 weeks of service, to AJ-3 upon completion of 104 weeks of service at the next lower level, and to AJ-4 upon completion of 52 weeks of service at the next lower level. ``(2) Advancement.--Advancement to the AJ-2, -3, and -4 levels as provided by paragraph (1) shall not be effected if the Chairman of the Merit Systems Protection Board determines that the work of an administrative judge (AJ) at the next lower level is not of an acceptable level of competence. An administrative judge (AJ) may appeal an adverse acceptable level of competence determination to the Merit Systems Protection Board under the same conditions by which an administrative judge (GS) may appeal the denial of a periodic step increase in pay under section 5335(c). ``(3) Exception.--Notwithstanding paragraph (1), the Chairman of the Merit Systems Protection Board may provide for initial appointment of an administrative judge (AJ) at a level higher than AJ-1 under such circumstances as the Chairman may determine appropriate. ``(4) Conversion.--An administrative judge (GS), who occupies a level below grade 15 of the General Schedule, may, when entitled by tenure and performance to be advanced to grade 15 of the General Schedule, be converted to the MSPB Administrative Judge Pay Schedule and appointed at the AJ-1 level.''. (b) Transition Provisions.-- (1) Conversion to mspb administrative judge pay schedule.-- Subject to paragraphs (2) and (3), an administrative judge (GS) who is serving as of the effective date of this section and who occupies the grade 15 level of the General Schedule shall be converted to the MSPB Administrative Judge Pay Schedule and appointed as an administrative judge (AJ). Each administrative judge (AJ) so converted shall be placed in the appropriate pay level prescribed under section 5372(c) of title 5, United States Code, as added by subsection (a), based on the amount of time the administrative judge (AJ) has served as an administrative judge (GS). (2) Limitation on conversion.--Conversion of an administrative judge (GS) to administrative judge (AJ) under paragraph (1) shall not be effected if the Chairman of the Merit Systems Protection Board determines that the work of an administrative judge (GS) at the grade 15 level of the General Schedule is not of an acceptable level of competence. An administrative judge (AJ) may appeal an adverse acceptable level of competence determination to the Merit Systems Protection Board under the same conditions by which an administrative judge (GS) may appeal the denial of a periodic step increase in pay under section 5335(c). (3) Limitation on pay increases.--Notwithstanding the rates of basic pay prescribed under section 5372(c) of title 5, United States Code, as added by subsection (a), the Chairman of the Merit Systems Protection Board may, on the effective date of this section and each year for a period of 7 years thereafter, limit the pay increase for each administrative judge (AJ) to an adjustment equal to-- (A) the percentage pay adjustment received by members of the Senior Executive Service under section 5382(c) of this title, if any; (B) locality pay under section 5304; and (C) an additional $3,000. The Senior Executive Service percentage pay adjustment, if any, shall be included in basic pay. Annual adjustments in pay after the effective date of this section will be made on the first day of the first pay period of each calendar year. The limitation on pay increases under this subsection may continue during the time period prescribed by this subsection until such time as the pay of each administrative judge (AJ) reaches the appropriate rate of basic pay under section 5372b(c) of title 5, United States Code, as added by subsection (a). The Chairman may waive any limitation on pay under this subsection in the case of an administrative judge (AJ) serving as a chief administrative judge. (4) Pay in relation to grade 15 of the general schedule.-- In no case shall an administrative judge (AJ) who is converted in accordance with paragraph (1), or whose pay increase in any year is limited under paragraph (3), be paid after the effective date of this section at a rate that is less than the adminstrative judge's (AJ) rate of pay would have been had the administrative judge (AJ) remained as an administrative judge (GS) occupying the grade 15 level of the General Schedule. (5) Definitions.--For purposes of this subsection-- (A) the term ``administrative judge (AJ)'' means an employee of the Merit Systems Protection Board appointed to an administrative judge position and paid under the MSPB Administrative Judge schedule established by the amendment made by subsection (a); and (B) the term ``administrative judge (GS)'' means an employee of the Merit Systems Protection Board appointed to an administrative judge position and paid under the General Schedule described in section 5332 of this title. (c) Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as are necessary for the purpose of carrying out this section. (2) No reduction.--The authorization of appropriations by paragraph (1) shall not have the effect of reducing any funds appropriated for the Board for the purpose of carrying out its statutory mission under section 1204 of title 5, United States Code. (d) Effective Date.--This section shall take effect on the first day of the first pay period of the calendar year immediately following the date of enactment of appropriations authorized by subsection (c)(1). (e) Conforming Amendment.--The table of sections for subchapter VII of chapter 53 of title 5, United States Code, is amended by adding after the item relating to section 5372a the following new item: ``5372b. Merit Systems Protection Board administrative judges.''.", "summary": "Amends Federal civil service law to authorize the Merit Systems Protection Board (MSPB) to establish a three-year program to provide Federal employees and agencies with alternative dispute resolution (ADR) processes to apply to workplace disputes and disagreements involving removals, suspensions for more than 14 days, and other adverse actions under Federal civil service law. Directs the MSPB to test and evaluate a variety of ADR techniques. Authorizes the MSPB to implement its early intervention ADR, allowing any agency or employee to request such early intervention, and authorizing the MSPB Chairman to designate up to three agencies with a substantial number of MSPB appeals for participation in a mandatory early intervention ADR program. Allows any employee or agency to request ADR once an appeal or petition for review of a case is filed with the MSPB. Outlines MSPB procedures for such cases. Direct the MSPB's Office of Policy and Evaluation to establish criteria for evaluating the ADR program and to prepare a report as to whether mandatory ADR is desirable, effective, and appropriate for cases decided by Federal administrative agencies. Authorizes appropriations for the ADR program. Establishes the MSPB Administrative Judge Pay Schedule, with pay levels comparable to that of immigration judges and administrative law judges. Provides, with respect to such Schedule, for initial appointment and advancement, and transition provisions for current judges. Authorizes appropriations to carry out such Schedule."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Television Violence Reduction Through Parental Empowerment Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) To the fullest extent possible, parents should be empowered with the technology to choose to block the display on their televisions of programs they consider too violent for their children. (2) Violence now touches the lives of American children more than adults. From 1982 through 1984, teenagers were the victims of 1,800,000 violent crimes, twice the annual rate of the adult population over age 20. According to the American Academy of Pediatrics, one of every 8 deaths among children age 10-14 years old in 1990 was caused by a shooting. Among teenagers and young adults, that figure rose to one of every four deaths. (3) Children watch an extensive amount of television. It is estimated that a child watches approximately 22,000 hours of television before finishing high school, almost twice the amount of time spent in the classroom. (4) The amount of violence on television has reached epidemic levels. The American Psychological Association estimates that the average child witnesses 8,000 murders and 100,000 acts of violence before finishing elementary school. (5) Three Surgeon Generals, the National Institute of Mental Health, the Centers for Disease Control, the American Medical Association, the American Academy of Pediatrics, and the American Psychological Association have concurred for nearly 20 years as to the deleterious effects of television violence on children. (6) Despite periodic television industry efforts to reduce the amount of television violence, reductions in the level of televised violence have never been long lasting. (7) Parents who are working are unable to constantly monitor the television viewing habits of their children. Advanced television technologies such as channel compression and digitization will allow the expansion of channel capacity to levels even more unmanageable for parents who want to protect their children from televised violence. (8) The major broadcast networks and a large number of cable channels have agreed to place parental advisories on programs they consider to be too violent for children. These parental advisories are of limited use to parents if they are not watching television with their children. (9) The technology currently exists to equip television sets at a nominal cost to permit parents to block the display of television programs they consider too violent for children. However, this technology will only be effective (A) if all television programmers send any adopted rating or warning system electronically with the program signal, and (B) parents are able to block the display not only of individual programs but to block out automatically and simultaneously all programs with such rating. (10) Congress calls upon the broadcast networks, independent television stations, cable programmers, and satellite programmers to protect the parental right to guide the television viewing habits of children by sending any adopted rating or warning system electronically with the program signal. SEC. 3. EQUIP TELEVISIONS TO BLOCK PROGRAMS. Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end thereof the following: ``(v) Require that (1) apparatus designed to receive television signals be equipped with circuitry designed to enable viewers to block the display of channels, programs, and time slots; and (2) such apparatus enable viewers to block display of all programs with a common rating. The requirements of this subsection shall apply when such apparatus is manufactured in the United States or imported for use in the United States, and its television picture screen is 13 inches or greater in size, measured diagonally.''. SEC. 4. SHIPPING OR IMPORTING. (a) Regulations.--Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by adding after subsection (b) the following new section: ``(c) No person shall ship in interstate commerce, manufacture, assemble, or import from any foreign country into the United States, any apparatus described in section 303(v) of this Act except in accordance with rules prescribed by the Commission pursuant to the authority granted by that section. Such rules shall provide performance standards for such blocking technology. Such rules shall further require that all such apparatus be able to receive the rating signals which have been transmitted by way of line 21 of the vertical blanking interval and which conform to the signal and blocking specifications established by the Commission. As new video technology is developed, the Commission shall take such action as the Commission determines appropriate to ensure that blocking service continues to be available to consumers. This subsection shall not apply to carriers transporting such apparatus without trading it.''. (b) Conforming Amendment.--Section 330(d) of such Act, as redesignated by this Act, is amended by striking ``section 303(s), and section 303(u)'' and inserting in lieu thereof ``and sections 303(s), 303(u), and 303(v)''. SEC. 5. EFFECTIVE DATE. The amendments made by sections 3 and 4 of this Act shall take effect one year after enactment of this Act. SEC. 6. RULES. The Federal Communications Commission shall promulgate rules to implement the amendments made by this Act within 180 days after the date of its enactment.", "summary": "Television Violence Reduction Through Parental Empowerment Act of 1993 - Amends the Communications Act of 1934 to require that any television with a screen of at least 13 inches which is manufactured, or imported for use, in the United States be equipped with circuitry designed to enable viewers to block the display of channels, programs, time slots, and all programs with a common rating. Prohibits shipping in interstate commerce, manufacturing, assembling, or importing any such television except pursuant to rules prescribed by the Federal Communications Commission (FCC). Requires such rules to provide performance and display standards for such blocking technology. Directs the FCC, as new video technology is developed, to ensure that blocking service continues to be available to consumers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Leaking Underground Storage Tank Trust Fund Amendments Act of 1997''. TITLE I--DISTRIBUTIONS FROM LEAKING UNDERGROUND STORAGE TANK TRUST FUND SEC. 101. LEAKING UNDERGROUND STORAGE TANKS. (a) Trust Fund Distribution.--Section 9004 of the Solid Waste Disposal Act (42 U.S.C. 6991c) is amended by adding at the end the following new subsection: ``(f) Trust Fund Distribution to States.-- ``(1) In general.--(A) The Administrator shall distribute to States at least 85 percent of the funds appropriated to the Environmental Protection Agency from the Leaking Underground Storage Tank Trust Fund (in this subsection referred to as the `Trust Fund') each fiscal year for the reasonable costs under cooperative agreements entered into with the Administrator for the following: ``(i) States' actions under section 9003(h)(7)(A). ``(ii) Necessary administrative expenses directly related to corrective action and compensation programs under subsection (c)(1). ``(iii) Enforcement of a State or local program approved under this section or enforcement of this subtitle or similar State or local provisions by a State or local government. ``(iv) State and local corrective actions pursuant to regulations promulgated under section 9003(c)(4). ``(v) Corrective action and compensation programs under subsection (c)(1) for releases from underground storage tanks regulated under this subtitle in any instance, as determined by the State, in which the financial resources of an owner or operator, excluding resources provided by programs under subsection (c)(1), are not adequate to pay for the cost of a corrective action without significantly impairing the ability of the owner or operator to continue in business. ``(B) Funds provided by the Administrator under subparagraph (A) may not be used by States for purposes of providing financial assistance to an owner or operator in meeting the requirements respecting underground storage tanks contained in section 280.21 of title 40 of the Code of Federal Regulations (as in effect on the date of the enactment of this subsection) or similar requirements in State programs approved under this section or similar State or local provisions. ``(2) Allocation.-- ``(A) Process.--In the case of a State that the Administrator has entered into a cooperative agreement with under section 9003(h)(7)(A), the Administrator shall distribute funds from the Trust Fund to the State using the allocation process developed by the Administrator for such cooperative agreements. ``(B) Revisions to process.--The Administrator may revise such allocation process only after-- ``(i) consulting with State agencies responsible for overseeing corrective action for releases from underground storage tanks and with representatives of owners and operators; and ``(ii) taking into consideration, at a minimum, the total revenue received from each State into the Trust Fund, the number of confirmed releases from leaking underground storage tanks in each State, the number of notified petroleum storage tanks in each State, and the percent of the population of each State using groundwater for any beneficial purpose. ``(3) Recipients.--Distributions from the Trust Fund under this subsection shall be made directly to the State agency entering into a cooperative agreement or enforcing the State program. ``(4) Cost recovery prohibition.--Funds provided to States from the Trust Fund to owners or operators for programs under subsection (c)(1) for releases from underground storage tanks are not subject to cost recovery by the Administrator under section 9003(h)(6).''. (b) Technical Amendments.--Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) is amended as follows: (1) Section 9001(3)(A) (42 U.S.C. 6991(3)(A)) is amended by striking out ``sustances'' and inserting in lieu thereof ``substances''. (2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is amended by striking out ``subsection (c) and (d)'' and inserting in lieu thereof ``subsections (c) and (d)''. (3) Section 9004(a) (42 U.S.C. 6991c(a)) is amended by striking out ``in 9001(2)(A)'' and inserting in lieu thereof ``in section 9001(2)(A)''. (4) Section 9005 (42 U.S.C. 6991d) is amended-- (A) in subsection (a), by striking out ``study taking'' and inserting in lieu thereof ``study, taking''; (B) in subsection (b)(1), by striking out ``relevent'' and inserting in lieu thereof ``relevant''; and (C) in subsection (b)(4), by striking out ``Evironmental'' and inserting in lieu thereof ``Environmental''. TITLE II--EXTENSION OF TRUST FUND PURPOSES SEC. 201. EXTENSION OF TRUST FUND PURPOSES. Paragraph (1) of section 9508(c) of the Internal Revenue Code of 1986 (relating to expenditures) is amended by striking ``to carry out section 9003(h)'' and all that follows and inserting ``to carry out-- ``(A) section 9003(h) of the Solid Waste Disposal Act (as in effect on the date of the enactment of the Superfund Amendments and Reauthorization Act of 1986), and ``(B) section 9004(f) of the Solid Waste Disposal Act (as in effect on the date of the enactment of the Leaking Underground Storage Tank Trust Fund Amendments Act of 1997).'' Passed the House of Representatives April 23, 1997. Attest: ROBIN H. CARLE, Clerk.", "summary": "TABLE OF CONTENTS: Title I: Distributions from Leaking Underground Storage Tank Trust Fund Title II: Extension of Trust Fund Purposes Leaking Underground Storage Tank Trust Fund Amendments Act of 1997 - Title I: Distributions from Leaking Underground Storage Tank Trust Fund - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to distribute to States at least 85 percent of the funds appropriated to EPA from the Leaking Underground Storage Tank Trust Fund each fiscal year for the reasonable costs under cooperative agreements of: (1) State actions under the EPA program for petroleum release responses; (2) necessary administrative expenses directly related to corrective action and compensation programs under State financial responsibility requirements; (3) other costs of such programs in any instance, as determined by the State, in which an owner's or operator's financial resources (excluding resources provided by such programs) are inadequate to pay the costs of a corrective action without significantly impairing the ability to continue in business; (4) enforcement of an approved State or local underground storage tank (UST) program or similar provisions; and (5) State and local corrective actions pursuant to regulations regarding corrective action in response to UST releases. Prohibits use of such funds to provide financial assistance to an owner or operator in meeting regulatory requirements for upgrading of existing UST systems. Sets forth requirements for allocation of funds to States. Makes inapplicable to Trust Fund amounts provided to owners or operators under programs described in (2), above, provisions for recovery of petroleum release corrective or enforcement action costs. Title II: Extension of Trust Fund Purposes - Amends the Internal Revenue Code to authorize use of amounts in the Trust Fund for making expenditures to carry out this Act."}
{"article": "short title Sec. 101. This title may be cited as the ``United States Information Agency Authorization Act, Fiscal Years 1994 and 1995''. authorization of appropriations Sec. 102. In addition to amounts otherwise available for such purposes, there are authorized to be appropriated for the United States Information Agency to carry out international information activities, and educational and cultural exchange programs under the United States Information and Educational Exchange Act of 1948, as amended, the Mutual Educational and Cultural Exchange Act of 1961, as amended, Reorganization Plan No. 2 of 1977, the Radio Broadcasting to Cuba Act, as amended, the Television Broadcasting to Cuba Act, the Inspector General Act of 1978, as amended, the Center for Cultural and Technical Interchange Between North and South Act, the National Endowment for Democracy Act, as amended, and for other purposes authorized by law. (a) For the fiscal year 1994: (1) ``Salaries and Expenses,'' $773,024,000; (2) ``Educational and Cultural Exchange Programs,'' $242,922,000; (3) ``Broadcasting to Cuba,'' $28,351,000; (4) ``Office of the Inspector General,'' $4,390,000; (5) ``East-West Center,'' $26,000,000; (6) ``National Endowment for Democracy,'' $50,000,000; (7) ``Radio Construction,'' $228,720,000; (8) ``Eisenhower Exchange Fellowship Program,'' $300,000; (9) ``Israeli Arab Scholarship Program,'' $397,000. (b) For the fiscal year 1995: (1) ``Salaries and Expenses,'' $800,286,000; (2) ``Educational and Cultural Exchange Programs,'' $249,238,000; (3) ``Broadcasting to Cuba,'' $28,382,000; (4) ``Office of the Inspector General,'' $4,396,000; (5) ``East-West Center,'' $26,676,000; (6) ``National Endowment for Democracy,'' $50,780,000; (7) ``Radio Construction,'' $106,271,000; (8) ``Eisenhower Fellowship Exchange Programs,'' $308,000; and (9) ``Israeli Arab Scholarship Program,'' $407,000. changes in administrative authorities Sec. 103. Section 801 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1471), is amended by replacing the period at the end of subsection ``(6)'' with a semicolon, and adding a new subsection ``(7)'' as follows: ``(7) notwithstanding any other provision of law, to carry out projects involving security construction and related improvements for Agency facilities not collocated with Department of State facilities abroad.''. Sec. 104. Section 804(6) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1474(6)), is amended to read as follows: ``(6) contract with individuals for personal service abroad: Provided, That such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Office of Personnel Management.''. Sec. 105. Section 206(b) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, Public Law 102-138 (22 U.S.C. 1475g note), is hereby repealed. Sec. 106. Subsection (a) of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461(a)), is hereby amended by deleting the second sentence in said subsection and inserting in lieu thereof the following: ``Subject to subsection (b) any such information shall not be disseminated within the United States, its territories or possessions, but, on request, shall be made available following its release as information abroad, to representatives of United States press associations, newspapers, magazines, radio and television systems and stations, research students and scholars, and Members of Congress.''. Section 208 of Public Law 99-93 (22 U.S.C. 1461-1a), is amended by adding the following sentence at the end of such section: ``Nothing herein shall preclude the United States Information Agency from reasonably keeping the United States public informed of its operations, policies or programs.''. Sec. 107. Section 802(b)(3) of the United States Information and Educational Exchange Act of 1948, as amended, (22 U.S.C. 1472(b)(3)) is amended by adding the following sentence at the end thereof: ``However, notwithstanding this or any other provision in this section, the United States Information Agency is authorized to enter into contracts not to exceed seven years for circuit capacity to distribute radio and television programs.''. Sec. 108. Subsection (f) of section 701 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1476(f)(4)), is amended as follows: (1) in subsection (f)(1) by striking ``, for the second fiscal year of any two-year authorization cycle may be appropriated for such second fiscal year'' and inserting in its place ``for a given fiscal year may be appropriated for such year''; and (2) by striking subsection ``(f)(4)''. Sec. 109. Section 902 of the United States Information and Educational Exchange Act of 1948, section 1431 and the following of title 22, United States Code, is amended by inserting on line one after the word ``any'' the following language: ``international organization of which the United States is a member, or''. Sec. 110. The Immigration and Nationality Act, as amended, is amended by adding the following new section after section 216A (8 U.S.C. 1186b): ``conditional permanent resident status for certain united states information agency employees ``Sec. 216B. (a) Conditional Basis for Admission.--Conditional immigrant visas may be issued to employees of the United States Information Agency beginning fiscal year 1994 in a number not to exceed one hundred per fiscal year. Upon enactment, one hundred and fifty additional visas shall be available to present United States Information Agency employees. Such employees shall be identified by the Director of the United States Information Agency, and, if otherwise admissible, shall be admitted conditionally for a period not to exceed four years. Spouses and dependent children of such employees may also be admitted as conditional permanent residents but shall not be subject to numerical limitation. ``(b) Removal of Conditional Basis.--Persons admitted under this provision shall be eligible for removal of the conditional basis of their admission for permanent resident status after three years, upon certification by the Director of the United States Information Agency to the Attorney General; the Attorney General shall remove the conditional basis of his or her admission, if the alien is otherwise admissible, effective as of the date of such certification. ``(c) Termination of the Status.--At any time during such four year period, the Director of the United States Information Agency may certify to the Attorney General that such conditional status with respect to any alien should be terminated. Upon receipt of such notice, the Attorney General shall terminate such status and the alien and any other family members admitted with such alien shall be subject to deportation proceedings. The conditional status of any such alien, admitted under this provision who has not had the conditional basis of his or her admission removed by a date four years after such admission, shall be deemed to have been terminated.''. Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), is amended by adding a new subsection ``(L)'', as follows: ``(L) an immigrant who is employed by the United States Information Agency for service in the United States, and his or her accompanying spouse and children, under conditions set forth in section 216B of this Act.''. Section 804(1) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1474(1)), as amended, is amended by inserting the words ``or as an immigrant under section 101(a)(27)(L) of that Act (8 U.S.C. 1101(a)(27)(L))'' immediately after the words ``as nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15))''.", "summary": "United States Information Agency Authorization Act, Fiscal Years 1994 and 1995 - Authorizes appropriations for the U.S. Information Agency (USIA) for FY 1994 and 1995. Amends the United States Information and Educational Exchange Act of 1948 to authorize the USIA Director to: (1) carry out projects involving security construction and related improvements for USIA facilities not collocated with Department of State facilities abroad; and (2) contract with individuals for personal services abroad (currently, employ aliens by contract for such services). Repeals a specified provision of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 which sets limitations on reductions of USIA employees abroad. Provides that nothing shall preclude USIA from keeping the U.S. public informed of its operations, policies, or programs. Authorizes USIA to enter into contracts of up to seven years for circuit capacity to distribute radio and television programs. Permits USIA to receive funds from international organizations of which the United States is a member. Amends the Immigration and Nationality Act to authorize the issuance of up to 100 conditional immigrant visas per fiscal year to USIA employees. Makes 150 visas available to current employees upon enactment of this Act. Sets forth conditions for the removal of conditional status and for termination of such status. Confers special immigrant status on such individuals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Now Act of 2017''. SEC. 2. GRANTS TO UNITS OF GENERAL LOCAL GOVERNMENT. Subtitle D of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221 et seq.) is amended by adding after section 172 the following: ``SEC. 173. PILOT PROGRAM. ``(a) Program Authorized.--Notwithstanding section 181(e), from the amounts appropriated under subsection (h), the Secretary shall carry out a 2-year pilot program to award grants, on a competitive basis, to units of general local government or community-based organizations to retain, employ, or train employees providing a public service for a unit of general local government. ``(b) Unit of General Local Government Defined.--For purposes of this section, the term `unit of general local government' means any general purpose political subdivision of a State, or the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau, that has the power to levy taxes and spend funds, as well as general corporate and police powers. ``(c) Uses of Funds.-- ``(1) Required uses.-- ``(A) In general.--Subject to subparagraph (B), a unit of general local government or community-based organization shall use not less than 50 percent of the grant funds received under this section to-- ``(i) in the case of a unit, retain employees of such unit who are providing a public service for the unit and who would otherwise be laid off as a consequence of budget cuts; and ``(ii) in the case of an organization, retain employees of the organization who are providing a public service for the unit in which the organization is located and who would otherwise be laid off as a consequence of budget cuts. ``(B) Exception.--In a case in which 50 percent of a grant amount received under this section would exceed the amount needed for a unit or organization to retain the employees described in subparagraph (A), the unit or organization may use only the amount needed to retain such employees for such purpose. ``(2) Authorized uses.--After using grant funds received under this section in accordance with paragraph (1), a unit of general local government or community-based organization may use any remaining grant funds provided under this section to-- ``(A) in the case of a unit of general local government-- ``(i) employ individuals in new positions providing a public service for the unit; or ``(ii) train individuals for new public service positions for the unit; and ``(B) in the case of a community-based organization-- ``(i) employ individuals in new positions that would provide a public service for the unit in which the organization is located or services in the private sector; or ``(ii) train individuals for any such positions. ``(d) Priority for Certain Individuals.--The Secretary shall encourage each unit of general local government and each community- based organization receiving a grant under this section to use such grant funds to retain, employ, or train-- ``(1) veterans; ``(2) individuals with disabilities; ``(3) individuals who are receiving unemployment benefits; or ``(4) dislocated workers. ``(e) Priority for Certain Units and Organizations.-- ``(1) Units.--In awarding grants to units of general local government under this section, the Secretary shall give priority to units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. ``(2) Organizations.--In awarding grants to units of general local government under this section, the Secretary shall give priority to community-based organizations located in units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. ``(f) Application.--Each unit of general local government or community-based organization desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(g) Report.--Not later than 2 years after the first appropriation of funds under subsection (h), the Secretary shall submit to Congress, a report on-- ``(1) the number and percentage of individuals hired or trained, and the number and percentage of employees of units retained, as a result of a grant under this section; and ``(2) best practices in carrying out a grant program to hire, train, or retain employees of units of general local government. ``(h) Authorization of Appropriations.--There are authorized to be appropriated $1,000,000,000 to carry out this section for fiscal years 2018 and 2019.''.", "summary": "Jobs Now Act of 2017 This bill amends the Workforce Innovation and Opportunity Act to direct the Department of Labor to carry out a two-year pilot program to award competitive grants to general local government units or community-based organizations to retain, employ, or train employees who provide a local government unit with a public service. The bill prescribes required and authorized uses of grant fund and priorities for awarding and using grant funds, including: encouraging grantees to use funds to retain, employ, or train veterans, individuals with disabilities, individuals who receive unemployment benefits, or dislocated workers; and giving priority in awarding grants to local government units and their community-based organizations with high unemployment, foreclosure, and poverty rates."}
{"article": "SECTION 1. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT TAXES WITH COLLECTION OF INCOME TAXES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding at the end the following new section: ``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT TAXES WITH COLLECTION OF INCOME TAXES. ``(a) General Rule.--Except as otherwise provided in this section-- ``(1) returns with respect to domestic service employment taxes shall be made on a calendar year basis, ``(2) any such return for any calendar year shall be filed on or before the 15th day of the fourth month following the close of the employer's taxable year which begins in such calendar year, and ``(3) no requirement to make deposits (or to pay installments under section 6157) shall apply with respect to such taxes. ``(b) Domestic Service Employment Taxes Subject to Estimated Tax Provisions.-- ``(1) In general.--Solely for purposes of section 6654, domestic service employment taxes imposed with respect to any calendar year shall be treated as a tax imposed by chapter 2 for the taxable year of the employer which begins in such calendar year. ``(2) Annualization.--Under regulations prescribed by the Secretary, appropriate adjustments shall be made in the application of section 6654(d)(2) in respect of the amount treated as tax under paragraph (1). ``(3) Transitional rule.--For purposes of applying section 6654 to a taxable year beginning in 1993, the amount referred to in clause (ii) of section 6654(d)(1)(B) shall be increased by 90 percent of the amount treated as tax under paragraph (1) for such taxable year. ``(c) Domestic Service Employment Taxes.--For purposes of this section, the term `domestic service employment taxes' means-- ``(1) any taxes imposed by chapter 21 or 23 on remuneration paid for domestic service in a private home of the employer, and ``(2) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this subsection, the term `domestic service in a private home of the employer' does not include service described in section 3121(g)(5). ``(d) Exception Where Employer Liable for Other Employment Taxes.-- To the extent provided in regulations prescribed by the Secretary, this section shall not apply to any employer for any calendar year if such employer is liable for any tax under this subtitle with respect to remuneration for services other than domestic service in a private home of the employer. ``(e) General Regulatory Authority.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. Such regulations may treat domestic service employment taxes as taxes imposed by chapter 1 for purposes of coordinating the assessment and collection of such employment taxes with the assessment and collection of domestic employers' income taxes. ``(f) Authority To Enter Into Agreements To Collect State Unemployment Taxes.-- ``(1) In general.--The Secretary is hereby authorized to enter into an agreement with any State to collect, as the agent of such State, such State's unemployment taxes imposed on remuneration paid for domestic service in a private home of the employer. Any taxes to be collected by the Secretary pursuant to such an agreement shall be treated as domestic service employment taxes for purposes of this section. ``(2) Transfers to state account.--Any amount collected under an agreement referred to in paragraph (1) shall be transferred by the Secretary to the account of the State in the Unemployment Trust Fund. ``(3) Subtitle f made applicable.--For purposes of subtitle F, any amount required to be collected under an agreement under paragraph (1) shall be treated as a tax imposed by chapter 23. ``(4) State.--For purposes of this subsection, the term `State' has the meaning given such term by section 3306(j)(1).'' (b) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end thereof the following: ``Sec. 3510. Coordination of collection of domestic service employment taxes with collection of income taxes.'' (c) Effective Date.--The amendments made by this section shall apply to remuneration paid in calendar years beginning after December 31, 1993. (d) Expanded Information to Employers.--The Secretary of the Treasury or his delegate shall prepare and make available information on the Federal tax obligations of employers with respect to employees performing domestic service in a private home of the employer. Such information shall also include a statement that such employers may have obligations with respect to such employees under State laws relating to unemployment insurance and workers compensation. SEC. 2. THRESHOLD REQUIREMENT FOR SOCIAL SECURITY TAXES. (a) Amendments of Internal Revenue Code.-- (1) Treatment as wages.--Subparagraph (B) of section 3121(a)(7) of the Internal Revenue Code of 1986 (defining wages) is amended to read as follows: ``(B) cash remuneration paid by an employer in any calendar year to an employee for domestic service in a private home of the employer (other than service described in subsection (g)(5)), if the cash remuneration paid in such year by the employer to the employee for such service is less than the applicable dollar threshold (as defined in subsection (y)) for such year;''. (2) Applicable dollar threshold.--Section 3121 of such Code is amended by adding at the end the following new subsection: ``(y) Applicable Dollar Threshold for Domestic Employees.--For purposes of subsection (a)(7)(B), the term `applicable dollar threshold' means $800. In the case of calendar years after 1994, the Secretary of Health and Human Services shall adjust such $800 amount at the same time and in the same manner as under section 215(a)(1)(B)(ii) of the Social Security Act with respect to the amounts referred to in section 215(a)(1)(B)(i) of such Act, except that, for purposes of this subparagraph, 1992 shall be substituted for the calendar year referred to in section 215(a)(1)(B)(ii)(II) of such Act. If the amount determined under the preceding sentence is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50.'' (3) Employment of domestic employees 16 and under excluded from coverage.--Section 3121(b) of such Code (defining employment) is amended-- (A) by striking ``or'' at the end of paragraph (19), (B) by striking the period at the end of paragraph (20) and inserting ``; or'', and (C) by adding at the end the following new paragraph: ``(21) domestic service in a private home of the employer performed in any year by an individual 16 and under during any portion of such year.'' (4) Conforming amendments.--The second sentence of section 3102(a) of such Code is amended-- (A) by striking ``calendar quarter'' each place it appears and inserting ``calendar year'', and (B) by striking ``$50'' and inserting ``the applicable dollar threshold (as defined in section 3121(y)) for such year''. (b) Amendment of Social Security Act.-- (1) In general.--Subparagraph (B) of section 209(a)(6) of the Social Security Act (42 U.S.C. 409(a)(6)(B)) is amended to read as follows: ``(B) Cash remuneration paid by an employer in any calendar year to an employee for domestic service in a private home of the employer (other than service described in section 210(f)(5)), if the cash remuneration paid in such year by the employer to the employee for such service is less than the applicable dollar threshold (as defined in section 3121(y) of the Internal Revenue Code of 1986) for such year;''. (2) Employment of domestic employees 16 and under excluded from coverage.--Section 210(a) of such Act (42 U.S.C. 410(a)) is amended-- (A) by striking ``or'' at the end of paragraph (19), (B) by striking the period at the end of paragraph (20) and inserting ``; or'', and (C) by adding at the end the following new paragraph: ``(21) domestic service in a private home of the employer performed in any year by an individual 16 and under during any portion of such year.'' (c) Effective Date.--The amendments made by this section shall apply to remuneration paid in calendar years beginning after December 31, 1993.", "summary": "Amends the Internal Revenue Code and title II of the Social Security Act (Old Age, Survivors and Disability Insurance) to set forth rules for filing returns with respect to domestic service employment taxes and requires such returns to be made on a calendar year basis. Subjects such taxes to estimated tax provisions. Makes filing requirements inapplicable to any employer liable for tax concerning remuneration for services other than domestic service in a private home. Authorizes the Secretary of the Treasury to enter into agreements with States to collect the State unemployment tax imposed on remuneration for domestic service and transfers such amounts to a State's account in the Unemployment Trust Fund. Treats such taxes as domestic service employment taxes. Requires the Secretary to inform domestic service employers in private homes of their tax obligations. Adjusts the threshold (from $50 a calendar quarter to $800 a year) for paying and withholding social security taxes on wages paid for domestic service in a private home. Requires the Secretary of Health and Human Services to adjust such threshold amount in the same manner as adjustments to certain social security insurance amounts. Excludes domestic service in a private home by an individual 16 years and under from amendments made by this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Modified Line Item Veto/Expedited Rescissions Act of 1993''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriations Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 days after the date of enactment of an appropriation Act, the President may transmit to Congress a special message proposing to rescind amounts of budget authority provided in that Act and include with that special message a draft bill that, if enacted, would only rescind that budget authority. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Limitation on Amounts Subject to Rescission.-- ``(1) The amount of budget authority which the President may propose to rescind in a special message under this section for a particular program, project, or activity for a fiscal year may not exceed 25 percent of the amount appropriated for that program, project, or activity in that Act. ``(2) The limitation contained in paragraph (1) shall only apply to amounts specifically authorized to be appropriated for a particular program, project, or activity. ``(d) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the Committee on Appropriations of the House of Representatives. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C) During consideration under this paragraph, any Member of the House of Representatives may move to strike any proposed rescission or rescissions of budget authority if supported by 49 other Members. ``(D) A vote on final passage of the bill shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1)(D) shall be referred to its Committee on Appropriations. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) During consideration under this paragraph, any Member of the Senate may move to strike any proposed rescission or rescissions of budget authority if supported by 14 other Members. ``(C) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th legislative day of the Senate after the date on which the bill is transmitted. If the bill is passed in the Senate without amendment, the Secretary of the Senate shall cause the engrossed bill to be returned to the House of Representatives. ``(D) If the bill is amended in the Senate solely as provided by subparagraph (B), the Secretary of the Senate shall cause an engrossed amendment (in the nature of a substitute) to be returned to the House of Representatives. Any Member of the House may offer a privileged motion that the House concur in that Senate amendment. That motion is not subject to a demand for division of the question and the previous question is considered as ordered on the motion to final adoption without intervening motion. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(e) Amendments and Divisions Prohibited.--Except as provided by paragraph (1)(C) or (3)(B) of subsection (d), no amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(f) Requirement To Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House defeats the bill transmitted with that special message. ``(g) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) the term `legislative day' means, with respect to either House of Congress, any day during which that House is in session.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''.", "summary": "Modified Line Item Veto/Expedited Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, a special message proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Limits the amount subject to rescission to 25 percent of the amount appropriated. Sets forth House and Senate procedures for the expedited consideration of such a proposal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Individuals Return to Employment Act'' or the ``HIRE Act''. SEC. 2. COMMUNITY EMPLOYMENT GRANTS. (a) Grants Authorized.--The Secretary of Labor is authorized to award competitive grants for the hiring of unemployed individuals to perform work to benefit communities, under terms and conditions set forth in this section. (b) Eligible Entities.--Grants under this section may be awarded to any of the following entities in the areas described in subsection (c): (1) Units of local government. (2) Workforce investment boards, established pursuant to section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832). (3) Non-profit organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)). (c) Targeted Communities.--Grants under this section may be awarded to eligible entities located in or primarily serving in one of the following areas, if the unemployment rate in such area is higher than 7 percent during the 3-month period preceding the award of the grant: (1) A renewal community with respect to which a designation was in effect under section 1400E(a) of the Internal Revenue Code of 1986 (26 U.S.C. 1400E(a)) on December 31, 2009. (2) An empowerment zone designated under section 1391 of such Code. (3) A historically underutilized business zone designated under section 3(p)(1) of the Small Business Act (15 U.S.C. 632(p)(1)). (d) Individuals Eligible for Employment.--Grants awarded under this section shall be used to hire unemployed individuals residing in the areas described in subsection (c), including individuals age 16 and older, with priority going to individuals who have been unemployed for more than a year. (e) Limitations.-- (1) Union consultation.--No individual whose employment is funded under a grant authorized under this Act may work for an employer at which a collective bargaining agreement is in effect covering the same or similar work, unless-- (A) the consent of the labor organization at such employer is obtained; and (B) negotiations have taken place between such labor organization and the employer as to the terms and conditions of such employment. (2) Nondisplacement.--An individual whose employment is funded under this Act may not displace other employees whose employment is not funded under this Act. A grant recipient under this Act may not hire an employee or employees with funds under this Act for any employment which the grant recipient would otherwise hire an employee who has been furloughed. (f) Effect on Unemployment Compensation.--The amount of any unemployment compensation payable to an individual employed under a grant established by this Act is a pro rata portion of the unemployment compensation which would otherwise be payable to the employee if such employee were totally unemployed. (g) Consultation Requirement.--An eligible entity that receives a grant under this Act shall consult with community leaders, including small business owners, labor organizations, and local residents to assess the needs of the community to determine the qualifying activities for which individuals will be hired. (h) Qualifying Activities.--Individuals hired using grant funds awarded under this section shall be employed for a minimum of 20 hours per week only in activities that benefit the community in the areas described in subsection (c), including activities such as public works, beautification, historic restoration, tutoring, and adult education. In addition, where an eligible entity determines appropriate, a portion of the grant funds may be used to ensure the safety of employees hired under the grant and provide necessary job training. (i) Federal Share.--Funds awarded under this section shall supplement, not supplant, funds of the eligible entity that are used for such purposes. (j) Application.--Eligible entities seeking a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information and assurances as the Secretary may require. (k) Required Deadline for Hiring.--An eligible entity receiving a grant under this section shall-- (1) determine the number of individuals that may be hired for a 3-year period using both grant funds and local funds available for such purpose; and (2) hire such individuals within 60 days after receiving a grant. (l) Regulations.--The Secretary of Labor may promulgate regulations necessary to implement the grant program authorized by this Act, including any necessary regulations necessary to apply wage and labor protections to individuals employed under a grant. (m) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary to carry out this section.", "summary": "Helping Individuals Return to Employment Act or HIRE Act - Authorizes the Secretary of Labor to award competitive grants to eligible entities to hire unemployed individuals age 16 and older to perform a minimum of 20 hours per week of work to benefit certain communities, including activities such as public works, beautification, historic restoration, tutoring, and adult education. Restricts such grants to eligible entities located in or primarily serving in a community designated either as a renewal community, an empowerment zone, or a historically underutilized business zone (HUBZone), if the unemployment rate in the area is higher than 7% during the 3-month period preceding award of the grant. Requires that priority in the award of grants be given to individuals who have been unemployed for more than a year. Prescribes certain grant limitations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Trafficking Vessel Interdiction Act of 2008''. TITLE I--CRIMINAL PROHIBITION SEC. 101. FINDINGS AND DECLARATIONS. Congress finds and declares that operating or embarking in a submersible vessel or semi-submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States. SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY. (a) In General.--Chapter 111 of title 18, United States Code, is amended by adding at the end the following new section: ``\u00062285. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY. ``(a) Offense.--Whoever knowingly operates, or attempts or conspires to operate, by any means, or embarks in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to evade detection, shall be fined under this title, imprisoned not more than 15 years, or both. ``(b) Evidence of Intent To Evade Detection.--For purposes of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) of title 46 may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection. ``(c) Extraterritorial Jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section, including an attempt or conspiracy to commit such an offense. ``(d) Claim of Nationality or Registry.--A claim of nationality or registry under this section includes only-- ``(1) possession on board the vessel and production of documents evidencing the vessel's nationality as provided in article 5 of the 1958 Convention on the High Seas; ``(2) flying its nation's ensign or flag; or ``(3) a verbal claim of nationality or registry by the master or individual in charge of the vessel. ``(e) Affirmative Defenses.-- ``(1) In general.--It is an affirmative defense to a prosecution for a violation of subsection (a), which the defendant has the burden to prove by a preponderance of the evidence, that the submersible vessel or semi-submersible vessel involved was, at the time of the offense-- ``(A) a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law; ``(B) classed by and designed in accordance with the rules of a classification society; ``(C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or ``(D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system. ``(2) Production of documents.--The affirmative defenses provided by this subsection are proved conclusively by the production of-- ``(A) government documents evidencing the vessel's nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas; ``(B) a certificate of classification issued by the vessel's classification society upon completion of relevant classification surveys and valid at the time of the offense; or ``(C) government documents evidencing licensure, regulation, or registration for commerce, research, or exploration. ``(f) Federal Activities Excepted.--Nothing in this section applies to lawfully authorized activities carried out by or at the direction of the United States Government. ``(g) Applicability of Other Provisions.--Sections 70504 and 70505 of title 46 apply to offenses under this section in the same manner as they apply to offenses under section 70503 of such title. ``(h) Definitions.--In this section, the terms `submersible vessel', `semi-submersible vessel', `vessel of the United States', and `vessel without nationality' have the meaning given those terms in section 70502 of title 46.''. (b) Clerical Amendment.--The chapter analysis for chapter 111 of title 18, United States Code, is amended by inserting after the item relating to section 2284 the following: ``2285. Operation of submersible vessel or semi-submersible vessel without nationality''. SEC. 103. SENTENCING GUIDELINES. (a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall promulgate sentencing guidelines (including policy statements) or amend existing sentencing guidelines (including policy statements) to provide adequate penalties for persons convicted of knowingly operating by any means or embarking in any submersible vessel or semi-submersible vessel in violation of section 2285 of title 18, United States Code. (b) Requirements.--In carrying out this section, the United States Sentencing Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offense described in section 2285 of title 18, United States Code, and the need for deterrence to prevent such offenses; (2) account for any aggravating or mitigating circumstances that might justify exceptions, including-- (A) the use of a submersible vessel or semi-submersible vessel described in section 2285 of title 18, United States Code, to facilitate other felonies; (B) the repeated use of a submersible vessel or semi- submersible vessel described in section 2285 of title 18, United States Code, to facilitate other felonies, including whether such use is part of an ongoing criminal organization or enterprise; (C) whether the use of such a vessel involves a pattern of continued and flagrant violations of section 2285 of title 18, United States Code; (D) whether the persons operating or embarking in a submersible vessel or semi-submersible vessel willfully caused, attempted to cause, or permitted the destruction or damage of such vessel or failed to heave to when directed by law enforcement officers; and (E) circumstances for which the sentencing guidelines (and policy statements) provide sentencing enhancements; (3) ensure reasonable consistency with other relevant directives, other sentencing guidelines and policy statements, and statutory provisions; (4) make any necessary and conforming changes to the sentencing guidelines and policy statements; and (5) ensure that the sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. TITLE II--CIVIL PROHIBITION SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY. (a) Finding and declaration.--Section 70501 of title 46, United States Code, is amended-- (1) by inserting ``(1)'' after ``that''; and (2) by striking ``States.'' and inserting ``States and (2) operating or embarking in a submersible vessel or semi-submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States.''. SEC. 202. OPERATION PROHIBITED. (a) In General.--Chapter 705 of title 46, United States Code, is amended by adding at the end thereof the following: ``\u000670508. Operation of submersible vessel or semi-submersible vessel without nationality ``(a) In General.--An individual may not operate by any means or embark in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to evade detection. ``(b) Evidence of Intent To Evade Detection.--In any civil enforcement proceeding for a violation of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection. ``(c) Defenses.-- ``(1) In general.--It is a defense in any civil enforcement proceeding for a violation of subsection (a) that the submersible vessel or semi-submersible vessel involved was, at the time of the violation-- ``(A) a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law; ``(B) classed by and designed in accordance with the rules of a classification society; ``(C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or ``(D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system. ``(2) Production of documents.--The defenses provided by this subsection are proved conclusively by the production of-- ``(A) government documents evidencing the vessel's nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas; ``(B) a certificate of classification issued by the vessel's classification society upon completion of relevant classification surveys and valid at the time of the offense; or ``(C) government documents evidencing licensure, regulation, or registration for research or exploration. ``(d) Civil Penalty.--A person violating this section shall be liable to the United States for a civil penalty of not more than $1,000,000.'' (b) Conforming Amendments.-- (1) The chapter analysis for chapter 705 of title 46, United States Code, is amended by inserting after the item relating to section 70507 the following: ``70508. Operation of submersible vessel or semi-submersible vessel without nationality''. (2) Section 70504(b) of title 46, United States Code, is amended by inserting ``or 70508'' after ``70503''. (3) Section 70505 of title 46, United States Code, is amended by striking ``this title'' and inserting ``this title, or against whom a civil enforcement proceeding is brought under section 70508,''. SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED. Section 70502 of title 46, United States Code, is amended by adding at the end thereof the following: ``(f) Semi-submersible Vessel; Submersible Vessel.--In this chapter: ``(1) Semi-submersible vessel.--The term `semi-submersible vessel' means any watercraft constructed or adapted to be capable of operating with most of its hull and bulk under the surface of the water, including both manned and unmanned watercraft. ``(2) Submersible vessel.--The term `submersible vessel' means a vessel that is capable of operating completely below the surface of the water, including both manned and unmanned watercraft.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.) Drug Trafficking Vessel Interdiction Act of 2008 - Title I: Criminal Prohibition - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating, attempting or conspiring to operate, or embarking in any submersible or semi-submersible vessel that is without nationality in, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to avoid detection. Grants extraterritorial federal jurisdiction over an offense under this Act. Specifies that a claim of nationality or registry under this Act includes only: (1) possession on board the vessel and production of documents evidencing the vessel's nationality as provided in the 1958 Convention on the High Seas; (2) flying its nation's ensign or flag; or (3) a verbal claim of nationality or registry by the person in charge of the vessel. Makes it an affirmative defense to a prosecution under this Act that a vessel operated at the time of a violation was: (1) a vessel of the Untied States or lawfully registered in a foreign nation; (2) classed by and designated in accordance with the rules of a classification society; (3) lawfully operated in a government regulated or licensed activity; or (4) equipped with and using an operable automatic identification system, vessel monitoring system, or a long range identification and tracking system. Specifies the documents required to conclusively prove an affirmative defense. Directs the U.S. Sentencing Commission to promulgate or amend sentencing guidelines to provide adequate penalties for violating the criminal prohibition imposed by this Act. Title II: Civil Prohibition - Imposes a civil penalty of up to $1 million for a violation of this Act. Allows the same defenses to a civil enforcement proceeding as for a criminal prosecution under this Act. Defines a \"semi-submersible vessel\" as any manned or unmanned watercraft constructed or adapted to operate with most of its hull and bulk under the surface of the water. Defines a \"submersible vessel\" as a manned or unmanned vessel capable of operating completely below the surface of the water."}
{"article": "SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF 13 INCH TELEVISIONS. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of subsection (b), the United States Customs Service shall, not later than 180 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) containing any merchandise which, at the time of the original liquidation, was classified under the following subheadings of the Harmonized Tariff Schedule of the United States with respect to which there would have been no duty or a lesser duty if the amendments made by section 1003 of the Miscellaneous Trade and Technical Corrections Act of 1999 had applied to such entry or withdrawal: (1) Subheading 8528.12.12. (2) Subheading 8528.12.20. (3) Subheading 8528.12.62. (4) Subheading 8528.12.68. (5) Subheading 8528.12.76. (6) Subheading 8528.12.84. (7) Subheading 8528.21.16. (8) Subheading 8528.21.24. (9) Subheading 8528.21.55. (10) Subheading 8528.21.65. (11) Subheading 8528.21.75. (12) Subheading 8528.21.85. (13) Subheading 8528.30.62. (14) Subheading 8528.30.66. (15) Subheading 8540.11.24. (16) Subheading 8540.11.44. (b) Requests.--Reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefore is filed with the Customs Service within 90 days after the date of the enactment of this Act, and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located. (c) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid not later than 180 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a), are as follows: Entry number Date of entry Date of liquidation 110-17072538 11/03/98 09/17/99 110-17091314 11/23/98 10/08/99 110-17091322 11/23/98 10/08/99 110-17216804 12/31/98 11/12/99 110-20748215 04/20/99 03/03/00 110-20762802 04/28/99 03/10/00 110-20848544 05/12/99 03/31/00 110-20848569 05/18/99 03/31/00 110-20988456 06/22/99 05/04/00 110-20993563 06/22/99 05/15/00 110-20997705 06/22/99 05/05/00 110-63822017 06/09/97 05/05/00 110-63822041 06/09/97 110-63822082 06/09/97 110-68575370 07/11/97 05/22/98 110-68575610 07/11/97 05/22/98 110-15093163 10/05/98 08/20/99 110-15173551 11/02/98 09/17/99 110-17091132 11/07/98 09/24/99 110-17217265 12/05/98 10/15/99 110-20762364 04/12/99 02/18/00 110-63822025 06/09/97 110-75485118 02/12/98 12/28/98 110-75492643 02/12/98 12/28/98 110-75793447 07/07/98 05/21/99 110-20993704 06/20/99 05/05/00 110-66600972 06/07/97 04/17/98 110-66603414 06/14/97 ....................... 110-66603448 06/07/97 04/17/98 110-66617810 06/21/97 05/01/98 110-66618099 06/23/97 05/08/98 110-68156429 07/12/97 05/22/98 110-68165818 07/19/97 05/29/98 110-68165826 07/19/97 05/29/98 110-68171576 07/26/97 06/05/98 110-68175767 08/02/97 06/12/98 110-68177029 08/02/97 06/12/98 110-68217833 08/16/97 06/26/98 110-68220167 08/16/97 07/06/98 110-68220183 08/19/97 07/06/98 110-68233418 08/24/97 07/10/98 110-68234424 08/25/97 07/10/98 110-70008550 09/20/97 07/31/98 110-70014707 09/20/97 07/31/98 110-70014723 09/20/97 07/31/98 110-70014731 09/30/97 07/31/98 110-70014756 09/20/97 07/31/98 110-70014798 09/20/97 07/31/98 110-70100464 10/11/97 08/21/98 110-70106651 10/19/97 09/04/98 110-70106669 10/19/97 09/04/98 110-70112584 10/25/97 09/04/98 110-70113970 10/25/97 09/04/98 110-70113996 10/25/97 09/04/98 110-70115199 10/25/97 09/04/98 110-70190978 11/08/97 09/18/98 110-70192990 11/08/97 09/18/98 110-70198906 11/15/97 09/25/98 110-70198914 11/15/97 09/25/98 110-70204233 11/29/97 10/09/98 110-70204266 11/22/97 10/02/98 110-75399046 12/19/97 10/30/98 110-75399103 01/04/98 11/20/98 110-75481455 01/24/98 12/04/98 110-75485563 01/24/98 12/04/98 110-75494953 02/07/98 12/18/98 110-04901383 07/11/97 05/22/98 110-33326985 07/07/97 05/22/98 110-63019333 07/11/97 05/22/98 110-63821993 06/07/97 04/17/98 110-66600378 06/20/97 05/01/98 110-66601004 06/20/97 05/01/98 110-66603380 06/20/97 05/01/98 110-66625441 07/07/97 05/22/98 110-66626951 07/07/97 05/22/98 110-68175825 08/04/97 06/19/98 110-68182938 08/11/97 06/26/98 110-68184140 08/11/97 06/26/98 110-68184918 08/11/97 06/26/98 110-68184926 08/11/97 06/26/98 110-68184934 08/11/97 06/26/98 110-68184942 08/11/97 06/26/98 110-68229994 09/08/97 07/24/98 110-68230000 09/08/97 07/24/98 110-68230232 09/03/97 07/17/98 110-70009715 09/22/97 08/07/98 110-70024698 10/07/98 08/21/98 110-70028764 10/13/97 08/28/98 110-70028772 10/13/97 08/28/98 110-70103625 10/30/98 09/11/98 110-70186810 11/13/97 09/25/98 110-70190937 11/26/97 10/09/98 110-70192362 11/19/97 10/02/98 110-70199151 11/26/97 10/09/98 110-70204555 12/04/97 10/16/98 110-70204563 12/04/97 10/16/98 110-70206360 12/06/97 10/23/98 110-75399079 01/07/98 11/20/98 110-75492627 02/11/98 12/28/98 110-75492635 02/11/98 12/28/98 110-14975204 09/15/98 07/30/99 110-20848643 05/19/99 05/31/00 110-20988472 06/20/99 05/05/00 110-20993589 06/20/99 05/05/00 110-75485126 02/11/98 12/28/98 110-75793405 07/16/98 05/28/99 110-75793611 08/04/98 06/18/99 110-75931278 08/16/98 07/02/99 110-75938893 08/16/98 07/23/99", "summary": "Directs the U.S. Customs Service to liquidate or reliquidate specified entries of 13-inch televisions and pay amounts owed."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Medal of Honor Memorial Coin Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) The Congressional Medal of Honor is the highest award for valor that can be bestowed upon a member of the Armed Forces of the United States. (2) The recipients of the Congressional Medal of Honor have conspicuously distinguished themselves by gallantry and intrepidity at the risk of their lives above and beyond the call of duty. (3) The National Medal of Honor Memorial at Riverside National Cemetery is a fitting monument to the heroes who have received the Congressional Medal of Honor. (4) The National Medal of Honor Memorial at Riverside National Cemetery honors the service and sacrifice of each of the recipients of the Congressional Medal of Honor. (5) The $1,700,000 required to build the National Medal of Honor Memorial at Riverside National Cemetery was raised solely through donations to the Riverside National Cemetery Congressional Medal of Honor Memorial Committee. (6) Substantial support exists among the people of the United States for the minting and issuance of coins in commemoration of the recipients of the Congressional Medal of Honor. (7) The people of the United States will be able to keep and hold the coins minted under this Act as a personal memorial to the many heroes who have received the Congressional Medal of Honor. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the recipients of the Congressional Medal of Honor, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following: (1) $5 Gold Coins.--Not more than 50,000 $5 coins, each of which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 Silver Coins.--Not more than 250,000 $1 coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the values and abilities necessary to earn the Congressional Medal of Honor, such as gallantry and intrepidity. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2005''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2005, and ending on December 31, 2005. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharges required by section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders received before the issuance of the coins minted under this Act. The sale prices with respect to such prepaid orders shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Assessment.--Any sale by the Secretary of a coin minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the Riverside National Cemetery Support Committee, a nonprofit organization established under the laws of the State of California, for the purposes of-- (1) maintaining the National Medal of Honor Memorial at Riverside National Cemetery; and (2) constructing and maintaining such memorials as the Riverside National Cemetery Support Committee and the Secretary of Veterans Affairs may jointly designate.", "summary": "Congressional Medal of Honor Memorial Coin Act of 2003 - Directs the Secretary of the Treasury to mint and issue not more than 50,000 five dollar gold coins and 250,000 one dollar silver coins emblematic of the values and abilities necessary to earn the Congressional Medal of Honor. Requires the Secretary to pay the proceeds from the sale of such coins to the Riverside National Cemetery Support Committee for the purposes of: (1) maintaining the National Medal of Honor Memorial at Riverside National Cemetery; and (2) constructing and maintaining such memorials as the Committee and the Secretary of Veterans Affairs may jointly designate."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Extension of Public Housing Reform Provisions Act of 1997''. TITLE I--PUBLIC HOUSING AND SECTION 8 RENTAL ASSISTANCE SEC. 101. PUBLIC HOUSING CEILING RENTS AND INCOME ADJUSTMENTS AND PREFERENCES FOR ASSISTED HOUSING. Section 402(f) of The Balanced Budget Downpayment Act, I (42 U.S.C. 1437aa note) is amended by inserting before the period at the end the following: ``and the portion of fiscal year 1998 that precedes April 1, 1998''. SEC. 102. PUBLIC HOUSING DEMOLITION AND DISPOSITION. Section 1002(d) of the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995 (42 U.S.C. 1437c note) is amended by striking ``September 30, 1997'' and inserting ``March 31, 1998''. SEC. 103. PUBLIC HOUSING FUNDING FLEXIBILITY AND MIXED-FINANCE DEVELOPMENTS. Section 201(a)(2) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (as contained in section 101(e) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-134)) (42 U.S.C. 1437l note) is amended by striking ``fiscal year 1997'' and inserting ``the portion of fiscal year 1998 that precedes April 1, 1998''. SEC. 104. MINIMUM RENTS. Section 402(a) of The Balanced Budget Downpayment Act, I (Public Law 104-99; 110 Stat. 40) is amended in the matter preceding paragraph (1) by inserting after ``fiscal year 1997'' the following: ``and for the portion of fiscal year 1998 that precedes April 1, 1998''. SEC. 105. PROVISIONS RELATING TO SECTION 8 RENTAL ASSISTANCE PROGRAM. (a) Take-One-Take-All, Notice Requirements, and Endless Lease Provisions.--Section 203(d) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (as contained in section 101(e) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-134)) (42 U.S.C. 1437f note) is amended by striking ``for fiscal years 1996 and 1997 only'' and inserting ``only for fiscal year 1996, fiscal year 1997, and the portion of fiscal year 1998 that precedes April 1, 1998''. (b) Fair Market Rentals.--The first sentence of section 403(a) of The Balanced Budget Downpayment Act, I (Public Law 104-99; 110 Stat. 43) is amended by inserting after ``fiscal year 1997'' the following: ``and the portion of fiscal year 1998 that precedes April 1, 1998,''. TITLE II--FEDERALLY ASSISTED MULTIFAMILY RENTAL HOUSING SEC. 201. SECTION 8 PROJECT-BASED ASSISTANCE CONTRACT RENEWAL AUTHORITY. Section 211 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (42 U.S.C. 1437f note) is amended-- (1) in subsection (a)(1), by inserting ``or 1998'' before the semicolon at the end; and (2) in subsection (b)(4)(A), by inserting after ``fiscal year 1997'' each place it appears the following: ``or 1998''. SEC. 202. MORTGAGE RESTRUCTURING DEMONSTRATION FOR FHA-INSURED MULTIFAMILY HOUSING. Section 212 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (42 U.S.C. 1437f note) is amended-- (1) in subsection (a)(1)(B), by striking ``fiscal year 1997'' and inserting ``fiscal year 1998''; (2) in subsection (a)(3)(B), by inserting ``or 1998'' before the semicolon at the end; (3) in subsection (h)(1)(B), by striking ``fiscal year 1997'' and inserting ``fiscal years 1997 and 1998''; and (4) in subsection (h)(1)(F)(ii), by striking ``fiscal year 1997'' and inserting: ``fiscal years 1997 and 1998''. SEC. 203. MULTIFAMILY HOUSING FINANCE PILOT PROGRAMS. Section 542 of the Housing and Community Development Act of 1992 (12 U.S.C. 1707 note) is amended-- (1) in subsection (b)(5), by inserting before the period at the end of the first sentence the following: ``, and not more than an additional 15,000 units during fiscal year 1998''; and (2) in the first sentence of subsection (c)(4)-- (A) by striking ``and'' and inserting a comma; and (B) by inserting before the period at the end the following: ``, and not more than an additional 15,000 units during fiscal year 1998''. SEC. 204. PROPERTY DISPOSITION. (a) Enhanced Authority for HUD Disposition of Multifamily Housing.--Section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a) is amended by inserting after ``owned by the Secretary'' the following: ``, including the provision of grants and loans from the General Insurance Fund for the necessary costs of rehabilitation or demolition,''. (b) Disposition for Affordable Housing Purposes.--The provisions of section 714 of the bill, H.R. 2 (105th Congress), as passed by the House of Representatives on May 14, 1997, are hereby enacted into law. SEC. 205. MULTIFAMILY MORTGAGE AUCTIONS. Section 221(g)(4)(C) of the National Housing Act (12 U.S.C. 1715l(g)(4)(C)) is amended-- (1) in the first sentence of clause (viii), by striking ``September 30, 1996'' and inserting ``December 31, 2005''; and (2) by adding at the end the following new clauses: ``(ix) Subject to the limitation in clause (x), the costs of any multifamily auctions under this subparagraph occurring during any fiscal year shall be paid from amounts in the General Insurance Fund established under section 519. ``(x) This authority of the Secretary to conduct multifamily auctions under this subparagraph shall be effective for any fiscal year only to the extent or in such amounts that amounts in the General Insurance Fund are or have been approved in appropriation Acts for costs of such auctions occurring during such fiscal year.''. SEC. 206. INTEREST REDUCTION PAYMENTS IN CONNECTION WITH SALES OF SECTION 236 MORTGAGES HELD BY HUD. Section 236 of the National Housing Act (12 U.S.C. 1715z-1) is amended-- (1) in the first sentence of subsection (b), by inserting before the colon at the end of the first proviso the following: ``and when the mortgage is assigned or otherwise transferred to a subsequent holder or purchaser (including any successors and assignees)''; (2) in subsection (c)-- (A) by inserting ``(1)'' after the subsection designation; and (B) by adding at the end the following new paragraphs: ``(2) The Secretary may continue to make interest reduction payments to the holder or purchaser (including any successors and assignees) of a mortgage formerly held by the Secretary upon such terms and conditions as the Secretary may determine. In exercising the authority under the preceding sentence, upon cancellation of any contract for such interest reduction payments as a result of foreclosure or transfer of a deed in lieu of foreclosure, any amounts of budget authority which would have been available for such contract, absent cancellation, shall remain available for the project for the balance of the term of the original mortgage upon such terms and conditions as the Secretary may determine. ``(3) Notwithstanding subsection (i)(2) or any other provision of law, in connection with the sale of mortgages held by the Secretary, the Secretary may establish appropriate terms and conditions, based on section 42 of the Internal Revenue Code of 1986 or another appropriate standard, for determining eligibility for occupancy in the project and rental charges.''. SEC. 207. ASSIGNMENT OF REGULATORY AGREEMENTS IN CONNECTION WITH SALES OF MORTGAGES HELD BY HUD. Section 203(k) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z-11(k)) is amended by adding at the end the following new paragraph: ``(7) Assignment of regulatory agreement in connection with sale of mortgages.--Notwithstanding any other provision of law, and upon such terms and conditions as the Secretary may prescribe, the Secretary may, in connection with the sale of mortgages held by the Secretary, provide for the assumption of all rights and responsibilities under the regulatory agreement executed by or for the benefit of the Secretary. Such assumption shall further provide for the regulatory agreement to be so assumed by any successor or assignee of the initial assuming entity. Such regulatory agreement shall continue to be binding upon the mortgagor and its successors and assignees.''.", "summary": "TABLE OF CONTENTS: Title I: Public Housing and Section 8 Rental Assistance Title II: Federally Assisted Multifamily Rental Housing Temporary Extension of Public Housing Reform Provisions Act of 1997 - Title I: Public Housing and Section 8 Rental Assistance - Amends the Balanced Budget Downpayment Act, I to extend provisions regarding public housing ceiling rents, income adjustments, and (repeal of) Federal preferences for assisted housing. (Sec. 102) Amends the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Antiterrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995 to extend the public housing demolition and disposition one-for-one replacement requirement. (Sec. 103) Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 to extend provisions regarding use of public housing modernization funding for mixed income developments. (Sec. 104) Amends the Balanced Budget Downpayment Act, I to extend minimum rent provisions. (Sec. 105) Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 to extend certain provisions regarding the section 8 rental assistance program. Amends the Balanced Budget Downpayment Act, I to extend fair market rental provisions. Title II: Federally Assisted Multifamily Rental Housing - Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 to extend authority for: (1) section 8 contract renewals; and (2) the multifamily housing mortgage restructuring demonstration. (Sec. 203) Amends the Housing and Community Development Act of 1992 to increase the number of units and extend the risk-sharing and housing finance agency multifamily housing finance pilot programs. (Sec. 204) Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 to state that the Secretary of Housing and Urban Development's (HUD) authority to manage and dispose of multifamily housing includes the provision of grants and loans from the General Insurance Fund. (Sec. 205) Amends the National Housing Act to: (1) extend multifamily mortgage auction authority; and (2) authorize the Secretary to continue to make interest reduction payments on transferred mortgage loans under the rental or cooperative housing for lower income families program. (Sec. 207) Amends the Housing and Community Development Amendments of 1978 to authorize the Secretary to provide for the assumption of all regulatory rights and responsibilities in connection with the sale of a HUD-held mortgage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Partners in Reconstruction Act of 2006''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632); and (3) the term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the same meaning as in section 8 of the Small Business Act (15 U.S.C. 637). SEC. 3. SMALL BUSINESS PROCUREMENT FLEXIBILITIES; GOVERNMENT-WIDE GUIDANCE. Section 5 of the Small Business Act (15 U.S.C. 634) is amended by adding at the end the following: ``(i) Small Business Emergency Procurement Flexibilities; Government-Wide Guidance.-- ``(1) Definition.--In this subsection, the term `Guidelines' means the guidelines entitled `Emergency Procurement Flexibilities (A Framework for Responsive Contracting & Guidelines for Using Simplified Acquisition Procedures)' issued by the Office of Federal Procurement Policy of the Office of Management and Budget on May 30, 2003, or any successor thereto. ``(2) Office of federal procurement policy.--In order to enable the Federal Government to purchase goods and service quickly and efficiently in times of disaster, contingency, or other emergency, while promoting small business concern utilization, the Administrator for Federal Procurement Policy shall-- ``(A) ensure that the Guidelines continue to strongly encourage that the Federal Government utilize the small business procurement flexibilities in this Act; ``(B) ensure that the Guidelines fully address all available small business procurement flexibilities (including flexibilities authorized for small business concerns owned and controlled by socially and economically disadvantaged individuals under section 8(a), HUBZone small business concerns, and small business concerns owned and controlled by service- disabled veterans); ``(C) periodically revise, update, or modify the Guidelines; ``(D) publish the Guidelines, as updated to comply with this paragraph, in the Federal Register; and ``(E) consult with the Administrator on any changes to the Guidelines. ``(3) Administration.--The Administrator shall, with regard to the Guidelines-- ``(A) develop and conduct ongoing government-wide training on small business emergency procurement flexibilities (including flexibilities authorized for small business concerns owned and controlled by socially and economically disadvantaged individuals under section 8(a), HUBZone small business concerns, and small business concerns owned and controlled by service-disabled veterans); and ``(B) designate not fewer than 1 official to provide advice and assistance to the Office of Federal Procurement Policy and other Federal agencies on the use of small business procurement flexibilities in times of disaster, contingency, or other emergency.''. SEC. 4. PAPERWORK RECIPROCITY FOR SMALL DISASTER CONTRACTORS. Not later than 30 days after the date of enactment of this Act, the Administrator shall ensure that all eligible small business concerns receive the full benefit of reciprocity in certifications between Federal and Federally-funded contracting programs for small business concerns owned and controlled by socially and economically disadvantaged individuals. SEC. 5. HURRICANE KATRINA AND RITA SMALL BUSINESS CONTRACTING DATA. Not later than 30 days after the date of enactment of this Act, the Administrator for Federal Procurement Policy and the Administrator shall ensure that the Federal Procurement Data System contains comprehensive Government-wide data on small business participation in contracting related to Hurricane Katrina of 2005 or Hurricane Rita of 2005. SEC. 6. DISASTER AREA HUBZONES. Section 3(p)(1) of the Small Business Act (15 U.S.C. 632(p)(1)) is amended-- (1) in subparagraph (D), by striking ``or''; (2) in subparagraph (E), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(F) any area affected by Hurricane Katrina of 2005 or Hurricane Rita of 2005, for such time or in such geographic area as designated by the Administrator.''. SEC. 7. DISASTER CONTRACTING OUTREACH PROGRAMS FOR SMALL BUSINESSES. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator shall establish a contracting outreach and technical assistance program for small business concerns that-- (1) had a primary place of business, or other significant presence, in the area affected by Hurricane Katrina of 2005 or Hurricane Rita of 2005, as designated by the Administrator under section 7(b)(2) of the Small Business Act, beginning on the date that is 60 days before the date of that designation by the Administrator; or (2) have a primary place of business, or other significant presence, in the area affected by Hurricane Katrina of 2005 or Hurricane Rita of 2005, as designated by the Administrator under section 7(b)(2) of the Small Business Act, during the period beginning on the date of that designation and ending on the date that is 5 years after the date of that designation. (b) Administrator Action.--The Administrator may fulfill the requirement of subsection (a) by acting through-- (1) the Administration; (2) the Federal agency small business officials designated under section 15(k)(1) of the Small Business Act (15 U.S.C. 644(k)(1)); and (3) any Federal, State, or local government entity, higher education institution, Procurement Technical Assistance Center, or private nonprofit organization that the Administrator determines is proper, upon conclusion of a memorandum of understanding or assistance agreement, as appropriate, with the Administrator. SEC. 8. SMALL BUSINESS BONDING THRESHOLD. (a) In General.--Except as provided in subsection (b), and notwithstanding any other provision of law, for any procurement related to Hurricane Katrina of 2005 or Hurricane Rita of 2005, the Administrator may, upon such terms and conditions as the Administrator may prescribe, guarantee and enter into commitments to guarantee any surety against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto, by a principal on any total work order or contract amount at the time of bond execution that does not exceed $5,000,000. (b) Increase of Amount.--Upon request of the head of any Federal agency other than the Administration involved in reconstruction efforts in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005, the Administrator may guarantee and enter into a commitment to guarantee any security against loss under subsection (a) on any total work order or contract amount at the time of bond execution that does not exceed $10,000,000. SEC. 9. FAIR SMALL BUSINESS PARTICIPATION. In order to facilitate the maximum practicable participation of small business concerns in activities related to relief and recovery from Hurricane Katrina of 2005 and Hurricane Rita of 2005, the Administrator and the head of any Federal agency making procurements related to the aftermath of Hurricane Katrina of 2005 or Hurricane Rita of 2005, shall set a goal of awarding to small business concerns not less than 30 percent of amounts expended for prime contracts and not less than 40 percent of amounts expended for subcontracts on procurements by such agency related to the aftermath of Hurricane Katrina of 2005 or Hurricane Rita of 2005, respectively. SEC. 10. PROTECTION OF SMALL BUSINESS RESERVATION. Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is amended by adding at the end the following: ``(4) For any contracts involving the use of the special emergency procurement authority under section 32A(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 428a(c)), the dollar ceiling of the small business reservation established in paragraph (1) shall be adjusted to match the applicable amount of the simplified acquisition threshold.''. SEC. 11. SMALL BUSINESS MULTIPLE-AWARD DISASTER CONTRACTS. (a) In General.--The Administrator and the Administrator for Federal Procurement Policy shall ensure that the Federal Government establishes and maintains multiple-award contracts with small business concerns of all categories on a nationwide and regional basis for the purpose of conducting or supporting Federal disaster recovery efforts. (b) Report.--At the end of each fiscal year, the Administrator and the Administrator for Federal Procurement Policy shall submit to Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report describing the terms, conditions, and status of the contracts described in subsection (a) awarded during the preceding fiscal year. SEC. 12. TRANSPARENCY IN DISASTER SUBCONTRACTING. The Administrator and the head of each executive agency awarding recovery and reconstruction contracts related to Hurricane Katrina of 2005 or Hurricane Rita of 2005 shall ensure that each such contract for which a small business subcontracting plan is required by law or contract terms contains a clause requiring the posting of subcontracting opportunities on the SUB-Net database established by the Administration under section 8(e) of the Small Business Act (15 U.S.C. 637(e)), or any successor thereto. SEC. 13. PROTECTION OF SMALL BUSINESS SUBCONTRACTING. Section 8(d)(4)(D) of the Small Business Act (15 U.S.C. 637(d)(4)(D)) is amended-- (1) by striking ``(D) No contract'' and inserting the following: ``(D) Small business participation.-- ``(i) In general.--No contract''; and (2) by adding at the end the following: ``(ii) Emergency procurements.-- ``(I) In general.--For any contract which otherwise meets the requirements of this subsection, and which involves the use of special emergency procurement authority under section 32A(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 428a(c)), the subcontracting plan required under this subsection shall be negotiated as soon as is practicable, but not later than 30 days after the date on which the contract is awarded. ``(II) Payment.--Not greater than 50 percent of the amounts due under any contract described in subclause (I) may be paid, unless a subcontracting plan compliant with this subsection is negotiated by the contractor.''. SEC. 14. CONTRACTING PRIORITY FOR LOCAL SMALL BUSINESSES. Section 15(d) of the Small Business Act (15 U.S.C. 644(d)) is amended-- (1) by striking ``(d) For purposes'' and inserting the following: ``(d) Contracting Priorities.-- ``(1) In general.--For purposes''; and (2) by adding at the end the following: ``(2) Disaster contracting priority in general.--The Administrator shall designate any disaster area as an area of concentrated unemployment or underemployment, or a labor surplus area for purposes of paragraph (1). ``(3) Local small businesses.-- ``(A) In general.--The Administrator shall give priority in the awarding of contracts and the placement of subcontracts for disaster relief to local small business concerns. ``(B) Other agencies.--The head of each executive agency shall give priority in the awarding of contracts and the placement of subcontracts for disaster relief to local small business concerns, by using, as appropriate-- ``(i) preferential factors in evaluations of contract bids and proposals; ``(ii) competitions restricted to local small business concerns, where there is a reasonable expectation of receiving competitive, reasonably priced bids or proposals from not fewer than 2 local small business concerns; ``(iii) requirements of preference for local small business concerns in subcontracting plans; and ``(iv) assessments of liquidated damages and other contractual penalties, including contract termination. ``(C) Other disaster assistance.--Priority shall be given to local small business concerns in the awarding of contracts and the placement of subcontracts for disaster relief in any Federal procurement and any procurement by a State or local government made with Federal disaster assistance funds. ``(4) Definitions.--In this subsection-- ``(A) the term `declared disaster' means Hurricane Katrina of 2005, Hurricane Rita of 2005, or any other disaster, as designated by the Administrator; ``(B) the term `disaster area' means any State or area affected by a declared disaster, as determined by the Administrator; ``(C) the term `executive agency' has the same meaning as in section 105 of title 5, United States Code; and ``(D) the term `local small business concern' means a small business concern that-- ``(i) on the date immediately preceding the date on which a declared disaster occurred-- ``(I) had a principal office in the disaster area for such declared disaster; and ``(II) employed a majority of the workforce of such small business concern in the disaster area for such declared disaster; and ``(ii) is capable of performing a substantial proportion of any contract or subcontract for disaster relief within the disaster area for such declared disaster, as determined by the Administrator.''. SEC. 15. RELIEF FROM TEST PROGRAM. Section 711(d) of the Small Business Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended-- (1) by striking ``The Program'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the Program''; and (2) by adding at the end the following: ``(2) Exception.--The Program shall not apply to any contract related to relief or reconstruction from Hurricane Katrina of 2005 or Hurricane Rita of 2005.''.", "summary": "Small Business Partners in Reconstruction Act of 2006 - Amends the Small Business Act to define \"Guidelines\" as the guidelines entitled \"Emergency Procurement Flexibilities\" for responsive contracting and the use of simplified acquisition procedures, as issued by the Office of Federal Procurement Policy on May 30, 2003. Directs the Administrator for Federal Procurement Policy to: (1) ensure that the Guidelines continue to encourage the federal government to utilize small business procurement flexibilities in times of disaster, contingency, and other emergency; and (2) periodically revise, update, modify, and publish such Guidelines. Provides for or requires: (1) reciprocity with respect to contracting certifications for small businesses owned and controlled by socially and economically disadvantaged individuals; (2) an update of the Federal Procurement Data System with respect to small business participation in Hurricane Katrina or Rita-related contracting; (3) disaster contracting outreach programs for small businesses; (4) small business performance bonding thresholds; (5) small business participation in disaster-related federal contracts and subcontracts and disaster-related multiple-award contracts; and (6) disaster contracting priorities for local small businesses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Budget Office Improvement Act of 1998''. SEC. 2. ESTABLISHMENT OF CBO CONGRESSIONAL BUDGET BOARD AND ECONOMIC ADVISORY COUNCIL. (a) Congressional Budget Board and Economic Advisory Council.-- Title II of the Congressional Budget Act of 1974 (2 U.S.C. 601 et seq.) is amended by adding at the end thereof the following new sections: ``congressional budget board ``Sec. 204. (a) Establishment and Functions.--There shall be a Congressional Budget Office Board (referred to as the `Board'), which shall-- ``(1) provide general oversight of the operations of the Office, including monitoring, reviewing, and evaluating the performance of the Office; ``(2) approve in advance the undertaking by the Office of any studies and the publication of any reports in addition to those required by law that the Director may propose to undertake or publish as an appropriate undertaking in furtherance of the purposes for which the Office is established; and ``(3) provide general guidance to the Director in the formulation and implementation of procedures and policies for the Office. ``(b) Membership.--The Board shall consist of 13 members as follows: ``(1) 6 Members of the Senate, appointed by the President pro tempore of the Senate, 3 from the majority party and 3 from the minority party; ``(2) 6 Members of the House of Representatives appointed by the Speaker of the House of Representatives, 3 from the majority party and 3 from the minority party; and ``(3) the Director, who shall not be a voting member. ``(c) Execution of Functions During Vacancies; Filling of Vacancies.--Vacancies in the membership of the Board shall not affect the power of the remaining members to execute the functions of the Board and shall be filled in the same manner as the original appointment. ``(d) Chairman and Vice Chairman; Selection Procedure.--(1) The Board shall select a chairman and vice chairman from among its members at the beginning of each Congress. ``(2) The vice chairman shall act in the place and stead of the chairman in the absence of the chairman. ``(3) The chairmanship and vice chairmanship shall alternate between the Senate and the House of Representatives with each Congress. ``(4) The chairman during each even-numbered Congress shall be selected by the Members of the House of Representatives on the Board from among their number. ``(5) The vice chairman during each Congress shall be chosen in the same manner from that House of Congress other than the House of Congress of which the chairman is a Member. ``(e) Meetings; Powers of Board.--(1) The Board may sit and act at such places and times during the sessions, recesses, and adjournment periods of Congress, and upon a vote of a majority of its members, require by subpoena or otherwise the attendance of such witnesses and the production of such books, papers, and documents, administer such oaths and affirmations, take such testimony, procure such printing and binding, and make such expenditures, as the Board deems advisable. ``(2) The Board may make such rules respecting its organization and procedures as it deems necessary, except that no recommendation shall be reported from the Board unless a majority of the Board assent. ``(3) The chairman of the Board or any voting member thereof may administer oaths or affirmations to witnesses. ``advisory council ``Sec. 205. (a) Establishment; Duties.--The Office shall establish an Economic Advisory Council (referred to as the `Council') which shall-- ``(1) review and make recommendations to the Board on activities undertaken by the Office; ``(2) evaluate the quality and objectivity of research performed by the Office and the reports that result from that research; and ``(3) undertake such additional related tasks as the Board may direct. ``(b) Composition.--The Council shall be composed of 12 members of the public, appointed by the Board, who shall be persons eminent in the fields of-- ``(1) public finance; ``(2) economics of taxation and microeconomics; and ``(3) macroeconomics. ``(c) Chairman and Vice Chairman; Terms and Conditions of Service.--(1) The Council, by majority vote, shall elect from its members a chairman and vice chairman, who shall serve for such time and under such conditions as the Council may prescribe. ``(2) In the absence of the chairman, or in the event of the chairman's incapacity, the vice chairman shall act as chairman. ``(d) Terms of Office; Reappointment.--(1) The term of office of each member of the Council shall be 4 years, except that any such member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term. ``(2) No person shall be appointed a member of the Council more than twice. ``(3) Terms of the members of the Council shall be staggered so as to establish a rotating membership according to such method as the Board may devise. ``(e) Compensation and Reimbursement for Travel, Subsistence, and Other Necessary Expenses.--The members of the Council shall receive compensation for each day engaged in the actual performance of duties vested in the Council at rates of pay not in excess of the daily equivalent of the highest rate of basic pay set forth in the General Schedule of section 5332(a) of title 5, and shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of duties vested in the Council, without regard to subchapter 1 of chapter 57 and section 5731 of title 5. ``disclosure of assumptions ``Sec. 205. Any report to Congress or to the public made by the Office that contains an estimate of the effect that legislation will have on revenues or expenditures shall be accompanied by a written statement fully disclosing the economic, technical, and behavioral assumptions that were made in producing the estimate.''. (b) Effective Date.--The amendment made by subsection (a) shall become effective January 1, 1999.", "summary": "Congressional Budget Office Improvement Act of 1998 - Amends the Congressional Budget Act of 1974 to establish a Congressional Budget Office Board to: (1) provide general oversight of Congressional Budget Office (CBO) operations; (2) approve in advance the undertaking of Office studies and publication of reports that the CBO Director may propose; and (3) provide general guidance to the Director in the formulation and implementation of CBO procedures and policies. Directs CBO to establish an Economic Advisory Council to: (1) review and make recommendations to the Board on CBO activities; (2) evaluate the quality and objectivity of CBO research and reports; and (3) undertake additional related tasks as the Board may direct. Requires any CBO report to the Congress or the public that contains an estimate of the effect that legislation will have on revenues or expenditures to be accompanied by a written statement disclosing the economic, technical, and behavioral assumptions that were made in producing the estimate."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Safety Dividend Act''. SEC. 2. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS OF SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION OR PENSION BENEFITS. (a) Authority To Make Payments.-- (1) Eligibility.-- (A) In general.--The Secretary of the Treasury shall disburse, out of any funds in the Treasury of the United States not otherwise appropriated, a cash payment equal to $250 for each non-COLA year of a program providing benefit payments described in clause (i), (ii), or (iii) of subparagraph (C) or in subparagraph (D) to each individual who, for any month during such year, is entitled to such benefit payment. (B) Non-COLA year.--For purposes of this section, the term ``non-COLA year'' means, in connection with a program referred to in subparagraph (A), a 12-month period for which-- (i) a cost-of-living adjustment is generally provided under such program in relation to an index specified in section 215(i) of the Social Security Act (42 U.S.C. 415(i)); and (ii) such an adjustment does not take effect by reason of the performance of such index. (C) Benefit payment described.--For purposes of subparagraph (A): (i) Title ii benefit.--A benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social Security Act (42 U.S.C. 402(j)(1), 423(b)) under-- (I) section 202(a) of such Act (42 U.S.C. 402(a)); (II) section 202(b) of such Act (42 U.S.C. 402(b)); (III) section 202(c) of such Act (42 U.S.C. 402(c)); (IV) section 202(d)(1)(B)(ii) of such Act (42 U.S.C. 402(d)(1)(B)(ii)); (V) section 202(e) of such Act (42 U.S.C. 402(e)); (VI) section 202(f) of such Act (42 U.S.C. 402(f)); (VII) section 202(g) of such Act (42 U.S.C. 402(g)); (VIII) section 202(h) of such Act (42 U.S.C. 402(h)); (IX) section 223(a) of such Act (42 U.S.C. 423(a)); (X) section 227 of such Act (42 U.S.C. 427); or (XI) section 228 of such Act (42 U.S.C. 428). (ii) Railroad retirement benefit.--A benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under-- (I) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)); (II) section 2(c) of such Act (45 U.S.C. 231a(c)); (III) section 2(d)(1)(i) of such Act (45 U.S.C. 231a(d)(1)(i)); (IV) section 2(d)(1)(ii) of such Act (45 U.S.C. 231a(d)(1)(ii)); (V) section 2(d)(1)(iii)(C) of such Act to an adult disabled child (45 U.S.C. 231a(d)(1)(iii)(C)); (VI) section 2(d)(1)(iv) of such Act (45 U.S.C. 231a(d)(1)(iv)); (VII) section 2(d)(1)(v) of such Act (45 U.S.C. 231a(d)(1)(v)); or (VIII) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) with respect to any of the benefit payments described in clause (i) of this subparagraph. (iii) Veterans benefit.--A benefit payment described in this clause is a compensation or pension payment payable under-- (I) section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code; (II) section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code; (III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code; or (IV) section 1805, 1815, or 1821 of title 38, United States Code, to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, title 38, United States Code. (D) SSI cash benefit described.--A SSI cash benefit described in this subparagraph is a cash benefit payable under section 1611 (other than under subsection (e)(1)(B) of such section) or 1619(a) of the Social Security Act (42 U.S.C. 1382, 1382h). (2) Requirement.--A payment shall be made under paragraph (1) only to individuals who reside in 1 of the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, or the Northern Mariana Islands, or who are utilizing a foreign or domestic Army Post Office, Fleet Post Office, or Diplomatic Post Office address. For purposes of the preceding sentence, the determination of the individual's residence shall be based on the address of record, as of the date of certification under subsection (b) for a payment under this section under a program specified in paragraph (1). (3) No double payments.--An individual shall be paid only 1 payment for any non-COLA year under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit or cash payment described in paragraph (1). (4) Limitation.--A payment under this section shall not be made (or, in the case of subparagraph (D), shall not be due)-- (A) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(i) or paragraph (1)(B)(ii)(VIII) if, for any month within the 12-month period ending with the month of payment, such individual's benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a-8a); (B) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(iii) if, for any month within the 12-month period ending with the month of payment, such individual's benefit under such paragraph was not payable, or was reduced, by reason of section 1505, 5313, or 5313B of title 38, United States Code; (C) in the case of an individual entitled to a benefit specified in paragraph (1)(C) if, for any month within the 12-month period ending with the month of payment, such individual's benefit under such paragraph was not payable by reason of subsection (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 1320a-8a); or (D) in the case of any individual whose date of death occurs-- (i) before the date of the receipt of the payment; or (ii) in the case of a direct deposit, before the date on which such payment is deposited into such individual's account. In the case of any individual whose date of death occurs before a payment is negotiated (in the case of a check) or deposited (in the case of a direct deposit), such payment shall not be due and shall not be reissued to the estate of such individual or to any other person. (5) Timing and manner of payments.--The Secretary of the Treasury shall commence disbursing payments under this section at the earliest practicable date for any non-COLA year prior to April 1 following such year. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of paragraph (1). (b) Identification of Recipients.--The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall certify the individuals entitled to receive payments under this section for each non-COLA year and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual's entitlement to, or eligibility for, a benefit specified in subparagraph (B) or (C) of subsection (a)(1) (except that such certification shall be affected by a determination that an individual is an individual described in subparagraph (A), (B), (C), or (D) of subsection (a)(4) during a period described in such subparagraphs). (c) Treatment of Payments.-- (1) Payment to be disregarded for purposes of all federal and federally assisted programs.--A payment under subsection (a) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. (2) Payment not considered income for purposes of taxation.--A payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. (3) Payments protected from assignment.--The provisions of sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of title 38, United States Code, shall apply to any payment made under subsection (a) as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of subsection (a)(1). (4) Payments subject to offset.--Notwithstanding paragraph (3)-- (A) any payment made under this section shall, in the case of a payment of a direct deposit which is made after the date of the enactment of this Act, be subject to the reclamation provisions under subpart B of part 210 of title 31, Code of Federal Regulations (relating to reclamation of benefit payments); and (B) any payment made under this section shall not, for purposes of section 3716 of title 31, United States Code, be considered a benefit payment or cash benefit made under the applicable program described in subparagraph (B) or (C) of subsection (a)(1), and all amounts paid shall be subject to offset to collect delinquent debts. (d) Payment to Representative Payees and Fiduciaries.-- (1) In general.--In any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual's representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. (2) Applicability.-- (A) Payment on the basis of a title ii or ssi benefit.--Section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(i) or (1)(C) of subsection (a) in the same manner as such section applies to a payment under title II or XVI of such Act. (B) Payment on the basis of a railroad retirement benefit.--Section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(ii) of subsection (a) in the same manner as such section applies to a payment under such Act. (C) Payment on the basis of a veterans benefit.-- Sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(iii) of subsection (a) in the same manner as those sections apply to a payment under that title.", "summary": "Social Security Safety Dividend Act - Directs the Secretary of the Treasury to disburse a $250 payment for a particular year to recipients of Social Security benefits, Supplemental Security Income (SSI) benefits (under title XVI of the Social Security Act), railroad retirement benefits, or veterans disability compensation or pension benefits if no cost-of-living adjustment (COLA) is payable for any month in such a year."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Endangered Species Criminal and Civil Penalties Liability Reform Act''. (b) References to Endangered Species Act of 1973.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to that section or provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 2. SPECIFIC INTENT REQUIRED FOR PENALTIES REGARDING TAKINGS OF SPECIES. Section 9 (16 U.S.C. 1538) is amended by adding at the end the following: ``(h) Specific Intent Required for Taking.--For purposes of this section, the term `take' means to-- ``(1) knowingly and intentionally perform any act with the knowledge that the act would constitute harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting an individual member of a species that was present at the time and location of the act; or ``(2) attempt to engage in conduct described in paragraph (1).''. SEC. 3. REQUIREMENT TO PROVIDE NOTICE AND OPPORTUNITY TO CORRECT VIOLATION. Section 10 (16 U.S.C. 1540) is amended by adding at the end the following: ``(k) Notice and Opportunity To Correct Violation.-- ``(1) In general.--A person shall not be liable for any criminal or civil penalty for a violation of this Act committed while conducting an otherwise lawful activity and not for the purpose of a taking prohibited by this Act, unless-- ``(A) the Secretary provides the person notice of the violation; and ``(B) the person fails to terminate and otherwise correct the activity constituting the violation by not later than 30 days after the date of the notice. ``(2) Corrective action.--A person may correct an activity for purposes of paragraph (1)(B) by mitigation, entering into a binding commitment to carry out mitigation, or other method that is determined by the Secretary to be reasonably calculated to restore the species to its status immediately prior to the activity.''. SEC. 4. NO SURPRISES. Section 10(a) (16 U.S.C. 1539(a)) is amended by adding at the end the following: ``(3)(A) Each conservation plan developed under this subsection shall include provisions under which a person who has entered into, and is in compliance with, the conservation plan may not, without their consent, be required to undertake any additional mitigation measures for species covered by the plan if the measures would require payment of money, or compliance with use, development, or management restrictions on any land, waters, or water-related rights, in addition to payments or compliance, respectively, otherwise required under the terms of the plan. ``(B) The provisions required by subparagraph (A) shall, among other matters, identify-- ``(i) modifications to the plan; or ``(ii) additional conservation measures; if any, that the Secretary may require under extraordinary circumstances.''. SEC. 5. KNOWLEDGE OF ENDANGERED OR THREATENED STATUS REQUIRED FOR ENFORCEMENT ACTIONS. Section 11 (16 U.S.C. 1540) is further amended by adding at the end the following: ``(h) Knowledge of Endangered or Threatened Status Required.--In any enforcement action or citizen suit under this Act in which it is alleged that the defendant acted or failed to act with respect to a member of a species listed under section 4(c), it is an affirmative defense to the allegation that the defendant could not reasonably have known that the fish or wildlife or plant concerned is a member of an endangered species or threatened species.''. SEC. 6. SAFE HARBOR AGREEMENTS. Section 10 (16 U.S.C. 1539) is further amended by adding at the end thereof the following new subsection: ``(m) Safe Harbor Agreements.-- ``(1) Agreements.-- ``(A) In general.--The Secretary may enter into agreements with non-Federal persons to benefit the conservation of endangered species or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat for endangered species or threatened species. Under an agreement, the Secretary shall permit the person to take endangered species or threatened species included under the agreement on lands or waters that are subject to the agreement if the taking is incidental to, and not the purpose of, carrying out of an otherwise lawful activity, provided that the Secretary may not permit through such agreements any incidental take below the baseline requirement specified pursuant to subparagraph (B). ``(B) Baseline.--For each agreement under this subsection, the Secretary shall establish a baseline requirement that is mutually agreed upon by the applicant and the Secretary at the time of the agreement that will, at a minimum, maintain existing conditions for the species covered by the agreement on lands and waters that are subject to the agreement. The baseline may be expressed in terms of the abundance or distribution of endangered or threatened species, quantity or quality of habitat, or such other indicators as appropriate. ``(2) Standards and guidelines.--The Secretary shall issue standards and guidelines for the development and approval of safe harbor agreements in accordance with this subsection. ``(3) Financial assistance.-- ``(A) In general.--In cooperation with the States and subject to the availability of appropriations under section 15(d), the Secretary may provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out a safe harbor agreement under this subsection. ``(B) Prohibition on assistance for required activities.--The Secretary may not provide assistance under this paragraph for any action that is required by a permit issued under this Act or that is otherwise required under this Act or other Federal law. ``(C) Other payments.--Grants provided to an individual private landowner under this paragraph shall be in addition to, and not affect, the total amount of payments that the landowner is otherwise eligible to receive under the Conservation Reserve Program (16 U.S.C. 3831 et seq.), the Wetlands Reserve Program (16 U.S.C. 3837 et seq.), or the Wildlife Habitat Incentives Program (16 U.S.C. 3836a).''.", "summary": "Endangered Species Criminal and Civil Penalties Liability Reform Act - Amends the Endangered Species Act of 1973 to define \"take\" to mean to knowingly and intentionally perform any act with the knowledge that the act would constitute harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting an individual member of a species that was present at the time and location of the act, or to attempt to engage in such conduct. Prohibits a person from being liable for any criminal or civil penalty for a violation committed while conducting an otherwise lawful activity and not for the purpose of a prohibited taking, unless: (1) the Secretary of the Interior provides the person with notice of the violation; and (2) the person fails to terminate and correct the activity constituting the violation by not later than 30 days after the date of the notice. Requires each conservation plan developed to include provisions under which persons who have entered into, and are in compliance with, the conservation plan may not, without their consent, be required to undertake any additional mitigation measures for species covered by the plan if the measures would require payment or compliance with use, development, or management restrictions on any land, waters, or water related rights, in addition to payments or compliance, respectively, otherwise required under the terms of the plan. Requires such provisions, among other matters, to identify modifications to the plan or additional conservation measures, if any, that the Secretary may require under extraordinary circumstances. Makes it an affirmative defense, in any enforcement action or citizen suit in which it is alleged that a defendant acted or failed to act with respect to a member of an endangered or threatened species, that the defendant could not reasonably have known that the fish or wildlife or plant concerned is a member of an endangered or threatened species. Authorizes the Secretary to: (1) enter into \"safe harbor\" agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat; and (2) provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out such an agreement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reserve Component Tax Assistance Act of 2001''. SEC. 2. DEDUCTION OF CERTAIN EXPENSES OF MEMBERS OF THE RESERVE COMPONENT. (a) Deduction Allowed.--Section 162 of the Internal Revenue Code of 1986 (relating to certain trade or business expenses) is amended by redesignating subsection (p) as subsection (q) and inserting after subsection (o) the following new subsection: ``(p) Treatment of Expenses of Members of Reserve Component of Armed Forces of the United States.--For purposes of subsection (a), in the case of an individual who performs services as a member of a reserve component of the Armed Forces of the United States at any time during the taxable year, such individual shall be deemed to be away from home in the pursuit of a trade or business during any period for which such individual is away from home in connection with such service.''. (b) Deduction Allowed Whether or Not Taxpayer Elects To Itemize.-- Section 62(a)(2) of the Internal Revenue Code of 1986 (relating to certain trade and business deductions of employees) is amended by adding at the end the following new subparagraph: ``(D) Certain expenses of members of reserve components of the armed forces of the united states.-- The deductions allowed by section 162 which consist of expenses paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a reserve component of the Armed Forces of the United States.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2001. SEC. 3. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45E. RESERVE COMPONENT EMPLOYMENT CREDIT. ``(a) General Rule.--For purposes of section 38, the reserve component employment credit determined under this section is an amount equal to the sum of-- ``(1) the employment credit with respect to all qualified employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 50 percent of the amount of qualified compensation that would have been paid to the employee with respect to all periods during which the employee participates in qualified reserve component duty to the exclusion of normal employment duties, including time spent in a travel status had the employee not been participating in qualified reserve component duty. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(2) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the employee participates in qualified reserve component duty, the term `qualified compensation' means compensation-- ``(A) which is normally contingent on the employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the employee were present and receiving such compensation, and ``(B) which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the employee participates in qualified reserve component duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the employee. ``(3) Qualified employee.--The term `qualified employee' means a person who-- ``(A) has been an employee of the taxpayer for the 21-day period immediately preceding the period during which the employee participates in qualified reserve component duty, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(c) Self-Employment Credit.-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 50 percent of the excess, if any, of-- ``(A) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(B) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve component duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402) of the taxpayer for the taxable year divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve component duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit In Addition to Deduction.--The employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee during any period the employee participates in qualified reserve component duty to the exclusion of normal employment duties. ``(e) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The credit allowed by subsection (a) for the taxable year-- ``(i) shall not exceed $7,500 in the aggregate, and ``(ii) shall not exceed $2,000 with respect to each qualified employee. ``(B) Controlled groups.--For purposes of applying the limitations in subparagraph (A)-- ``(i) all members of a controlled group shall be treated as one taxpayer, and ``(ii) such limitations shall be allocated among the members of such group in such manner as the Secretary may prescribe. For purposes of this subparagraph, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as members of a controlled group. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the two succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period for which the person on whose behalf the credit would otherwise be allowable is called or ordered to active duty for any of the following types of duty: ``(A) active duty for training under any provision of title 10, United States Code, ``(B) training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code, or ``(C) full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(f) General Definitions and Special Rules.-- ``(1) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(2) Qualified reserve component duty.--The term `qualified reserve component duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(3) Normal employment and self-employment duties.--A person shall be deemed to be participating in qualified reserve component duty to the exclusion of normal employment or self- employment duties if the person does not engage in or undertake any substantial activity related to the person's normal employment or self-employment duties while participating in qualified reserve component duty unless in an authorized leave status or other authorized absence from military duties. If a person engages in or undertakes any substantial activity related to the person's normal employment or self-employment duties at any time while participating in a period of qualified reserve component duty, unless during a period of authorized leave or other authorized absence from military duties, the person shall be deemed to have engaged in or undertaken such activity for the entire period of qualified reserve component duty. ``(4) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section.''. (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended-- (1) by striking ``plus'' at the end of paragraph (12), (2) by striking the period at the end of paragraph (13) and inserting ``, plus'', and (3) by adding at the end the following new paragraph: ``(14) the reserve component employment credit determined under section 45E(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45D the following new item: ``Sec. 45E. Reserve component employment credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.", "summary": "Reserve Component Tax Assistance Act of 2001 - Amends the Internal Revenue Code to allow as a business or trade deduction the expenses of a member of the reserve component of the U.S. armed forces in connection with such service. Makes such deduction available to itemizers and non-itemizers.Establishes related reserve component business-related employment and self-employment credits."}
{"article": "SECTION 1. PRIORITY OF CLAIMS FOR RETIREE HEALTH BENEFITS. (a) Definition.--Section 101 of title 11, United States Code, is amended-- (1) by redesignating paragraphs (4) through (12A) as paragraphs (3) through (12), respectively, (2) by redesignating paragraphs (48) through (55) as paragraphs (53) through (68), respectively, (3) by inserting after paragraph (47) the following: ``(52) `retiree health benefits' means payments to any entity or person for the purpose of providing or reimbursing payments for retired employees and their spouses and dependents, for medical, surgical, or hospital care benefits under any plan, fund, or program (through the purchase of insurance or otherwise) maintained or established in whole or in part by the debtor prior to filing a petition commencing a case under this title;'', and (4) by redesignating paragraphs (21A) through (47) as paragraphs (22) through (51), respectively, (b) Priority Under Chapter 7.--(1) Section 726(a)(1) of title 11, United States Code, is amended to read as follows: ``(1) first-- ``(A) except as provided in subparagraph (B), in payment of claims of the kind specified in, and in the order specified in section 507 of this title, proof of which is timely filed under section 501 of this title or tardily filed before the date on which the trustee commences distribution under this section; and ``(B) immediately after payment of claims of the kind specified in section 507(a)(4), in payment of allowed unsecured claims for retiree health benefits, but only to the extent of the aggregate amount that represents $10,000 multiplied by the number of former employees with respect to whom a retiree health benefit accrues;''. (2) Section 724(b)(2) of title 11, United States Code, is amended by inserting ``, and to holders of claims for retiree health benefits payable under section 726(a)(1)(B) of this title,'' after ``this title''. (c) Priority Under Chapter 11.--Section 1129(a) of title 11, United States Code, is amended-- (1) in paragraph (9)-- (A) in subparagraph (B)-- (i) by inserting ``subject to subparagraph (D)'' after ``receive'', and (ii) by striking ``and'' at the end, (B) in subparagraph (C) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(D) if liquidation is proposed in the plan, with respect to a class of claims for retiree health benefits, such class will receive immediately after payment of claims of the kinds specified in paragraphs (1), (2), (3), and (4) of section 507(a) of this title-- ``(i) if such class has accepted the plan, deferred cash payments of a value, as of the effective date of the plan; or ``(ii) if such class has not accepted the plan, cash on the effective date of the plan; equal to the allowed aggregate amount of such claims, but only to the extent of the aggregate amount that represents $10,000 multiplied by the number of former employees with respect to whom a retiree health benefit accrues.'', and (2) by amending paragraph (13) to read as follows: ``(13) The plan provides-- ``(A) except as provided in subparagraph (B), for the continuation after its effective date of payment of all retiree benefits (as defined in section 1114 of this title) at the level established pursuant to subsection (e)(1)(B) or (g) of section 1114 of this title, at any time prior to confirmation of the plan, for the duration of the period the debtor has obligated itself to provide such benefits; and ``(B) if the plan provides for liquidation, for the payment of allowed unsecured claims for retiree health benefits, but only to the extent of the aggregate amount that represents $10,000 multiplied by the number of former employees with respect to whom a retiree health benefit accrues.''. SEC. 2. RULE OF CONSTRUCTION. The amendments made by this Act shall not be construed to limit any priority to which claims for retiree health benefits are entitled under the provisions of title 11 of the United States Code that are not amended by this Act. SEC. 3. EFFECTIVE DATES; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by section 1 shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--(1) Except as provided in paragraph (2), the amendments made by section 1 shall apply only with respect to cases commenced under title 11, United States Code, after the date of the enactment of this Act. (2) The amendments made by section 1 shall apply with respect to-- (A) cases commenced under chapter 11 of title 11, United States Code, on or after March 1, 1989; and (B) cases converted from chapter 11 of title 11, United States Code, to chapter 7 of such Code on or after September 1, 1991.", "summary": "Amends Federal bankruptcy law to establish a payment priority for retiree health benefit claims, with an aggregate limitation of $10,000 multiplied by the relevant number of former employees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hoopa-Yurok Settlement Amendment Act of 2004''. SEC. 2. ACQUISITION OF LAND FOR THE YUROK RESERVATION. Section 2(c) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i- 1(c)) is amended by adding at the end the following: ``(5) Land acquisition.-- ``(A) In general.--Not later than 1 year after the date of enactment of this paragraph, the Secretary and the Secretary of Agriculture shall-- ``(i) in consultation with the Yurok Tribe, identify Federal and private land available from willing sellers within and adjacent to or in close proximity to the Yurok Reservation in the aboriginal territory of the Yurok Tribe (excluding any land within the Hoopa Valley Reservation) as land that may be considered for inclusion in the Yurok Reservation; ``(ii) negotiate with the Yurok Tribe to determine, from the land identified under clause (i), a land base for an expanded Yurok Reservation that will be adequate for economic self-sufficiency and the maintenance of religious and cultural practices; ``(iii) jointly with the Yurok Tribe, provide for consultation with local governments, and other parties whose interests are directly affected, concerning the potential sale or other transfer of land to the Yurok Tribe under this Act; ``(iv) submit to Congress a report identifying any parcels of land within their respective jurisdictions that are determined to be within the land base negotiated under clause (ii); and ``(v) not less than 60 days after the date of submission of the report under clause (iv), convey to the Secretary in trust for the Yurok Tribe the parcels of land within their respective jurisdictions that are within that land base. ``(B) Acceptance in trust.--The Secretary shall-- ``(i) accept in trust for the Yurok Tribe the conveyance of such private land as the Yurok Tribe, or the United States on behalf of the Yurok Tribe, may acquire from willing sellers, by exchange or purchase; and ``(ii) provide for the expansion of the Yurok Reservation boundaries to reflect the conveyances. ``(C) Funding.--Notwithstanding any other provision of law, from funds made available to carry out this Act, the Secretary may use $2,500,000 to pay the costs of appraisals, surveys, title reports, and other requirements relating to the acquisition by the Yurok Tribe of private land under this Act (excluding land within the boundaries of the Hoopa Valley Reservation). ``(D) Report.-- ``(i) In general.--Not later than 90 days after the date of submission of the report under subparagraph (A)(iv), the Secretary, in consultation with the Secretary of Agriculture relative to the establishment of an adequate land base for the Yurok Tribe, shall submit to Congress a report that describes-- ``(I) the establishment of an adequate land base for the Yurok Tribe and implementation of subparagraph (A); ``(II) the sources of funds remaining in the Settlement Fund, including the statutory authority for such deposits and the activities, including environmental consequences, if any, that gave rise to those deposits; ``(III) disbursements made from the Settlement Fund; ``(IV) the provision of resources, reservation land, trust land, and income-producing assets including, to the extent data are available (including data available from the Hoopa Valley Tribe and the Yurok Tribe), the environmental condition of the land and income-producing assets, infrastructure, and other valuable assets; and ``(V) to the extent data are available (including data available from the Hoopa Valley Tribe and the Yurok Tribe), the unmet economic, infrastructure, and land needs of each of the Hoopa Valley Tribe and the Yurok Tribe. ``(ii) Limitation.--No expenditures for any purpose shall be made from the Settlement Fund before the date on which, after receiving the report under clause (i), Congress enacts a law authorizing such expenditures, except as the Hoopa Valley Tribe and Yurok Tribes may agree pursuant to their respective constitutional requirements. ``(6) Claims.-- ``(A) In general.--The Court of Federal Claims shall hear and determine all claims of the Yurok Tribe or a member of the Yurok Tribe against the United States asserting that the alienation, transfer, lease, use, or management of land or natural resources located within the Yurok Reservation violates the Constitution, laws, treaties, Executive orders, regulations, or express or implied contracts of the United States. ``(B) Conditions.--A claim under subparagraph (A) shall be heard and determined-- ``(i) notwithstanding any statute of limitations (subject to subparagraph (C)) or any claim of laches; and ``(ii) without application of any setoff or other claim reduction based on a judgment or settlement under the Act of May 18, 1928 (25 U.S.C. 651 et seq.) or other laws of the United States. ``(C) Limitation.--A claim under subparagraph (A) shall be brought not later than 10 years after the date of enactment of this paragraph.''. SEC. 3. JURISDICTION. (a) Law Enforcement and Tribal Court Funds and Programs.--Section 2(f) of the Hoopla-Yurok Settlement Act (25 U.S.C. 1300i-1(f)) is amended-- (1) by striking ``The Hoopa'' and inserting the following: ``(1) In general.--The Hoopa''; (2) by striking the semicolon after ``Code'' the first place it appears and inserting a comma; and (3) by adding at the end the following: ``(2) Law enforcement and tribal court funds and programs.-- ``(A) In general.--Notwithstanding paragraph (1), Federal law enforcement and tribal court funds and programs shall be made available to the Hoopa Valley Tribe and Yurok Tribe on the same basis as the funds and programs are available to Indian tribes that are not subject to the provisions of law referred to in paragraph (1). ``(B) Authorization of appropriations.--There is authorized to be appropriated for Yurok law enforcement and tribal court programs $1,000,000 for each fiscal year.''. (b) Recognition of the Yurok Tribe.--Section 9 of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-8) is amended by adding at the end the following: ``(f) Recognition of the Yurok Tribe.--The authority of the Yurok Tribe over its territories as provided in the constitution of the Yurok Tribe as of the date of enactment of this subsection are ratified and confirmed insofar as that authority relates to the jurisdiction of the Yurok Tribe over persons and land within the boundaries of the Yurok Reservation.''. (c) Yurok Reservation Resources.--Section 12 of the Hoopa Yurok Settlement Act (102 Stat. 2935) is amended by adding at the end the following: ``(c) Klamath River Basin Fisheries.-- ``(1) In general.--The Secretary and the Secretary of Agriculture shall enter into stewardship agreements with the Yurok Tribe with respect to management of Klamath River Basin fisheries and water resources. ``(2) Effect of paragraph.--Nothing in paragraph (1) provides the Yurok Tribe with any jurisdiction within the Hoopa Valley Reservation. ``(d) Management Authority.-- ``(1) Definition of comanangement authority.--In this subsection, the term `management authority' means the right to make decisions jointly with the Secretary or the Secretary of Agriculture, as the case may be, with respect to the natural resources and sacred and cultural sites described in paragraph (2). ``(2) Grant of management authority.--There is granted to the Yurok Tribe management authority over all natural resources, and over all sacred and cultural sites of the Yurok Tribe within their usual and accustomed places, that are on land remaining under the jurisdiction of the National Park Service, Forest Service, or Bureau of Land Management within the aboriginal territory of the Yurok Tribe. ``(e) Subsistence.-- ``(1) In general.--There is granted access for subsistence hunting, fishing, and gathering rights for members of the Yurok Tribe over all land and water within the aboriginal territory of the Yurok Tribe that remain under the jurisdiction of the Yurok Tribe or the United States, excluding any land within the Hoopa Valley Reservation. ``(2) Condition.--All subsistence-related activities under paragraph (1) shall be conducted in accordance with management plans developed by the Yurok Tribe.''. SEC. 4. BASE FUNDING. From amounts made available to the Secretary for new tribes funding, the Secretary shall make an adjustment in the base funding for the Yurok Tribe based on the enrollment of the Yurok Tribe as of the date of enactment of this Act. SEC. 5. YUROK INFRASTRUCTURE DEVELOPMENT. (a) In General.--There are authorized to be appropriated-- (1) $20,000,000 for the upgrade and construction of Bureau of Indian Affairs and tribal roads on the Yurok Reservation; (2) for each fiscal year, $500,000 for the operation of a road maintenance program for the Yurok Tribe; (3) $3,500,000 for purchase of equipment and supplies for the Yurok Tribe road maintenance program; (4) $7,600,000 for the electrification of the Yurok Reservation; (5) $2,500,000 for telecommunication needs on the Yurok Reservation; (6) $18,000,000 for the improvement and development of water and wastewater treatment systems on the Yurok Reservation; (7) $6,000,000 for the development and construction of a residential care, drug and alcohol rehabilitation, and recreational complex near Weitchpec; (8) $7,000,000 for the construction of a cultural center for the Yurok Tribe; (9) $4,000,000 for the construction of a tribal court, law enforcement, and detention facility in Klamath; (10) $10,000,000 for the acquisition or construction of at least 50 homes for Yurok Tribe elders; (11) $3,200,000 for the development and initial startup cost for a Yurok School District; and (12) $800,000 to supplement Yurok Tribe higher education need. (b) Priority.--Congress-- (1) recognizes the unsafe and inadequate condition of roads and major transportation routes on and to the Yurok Reservation; and (2) identifies as a priority that those roads and major transportation routes be upgraded and brought up to the same standards as transportation systems throughout the State of California. SEC. 6. YUROK ECONOMIC DEVELOPMENT. There are authorized to be appropriated-- (1) $20,000,000 for the construction of an ecolodge and associated costs; (2) $1,500,000 for the purchase of equipment to establish a gravel operation; and (3) $6,000,000 for the purchase and improvement of recreational and fishing resorts on the Yurok Reservation. SEC. 7. BLM LAND. (a) Conveyance to the Yurok Tribe.--The following parcels of Bureau of Land Management land within the aboriginal territory of the Yurok Tribe are conveyed in trust status to the Yurok Tribe: (1) T. 9N., R. 4E, HUM, sec. 1. (2) T. 9N., R. 4E, sec. 7. (3) T. 9N., R. 4E., sec. 8, lot 3. (4) T. 9N., R. 4E., sec. 9, lots 19 and 20. (5) T. 9N., R. 4E., sec. 17, lots 3 through 6. (6) T. 9N., R. 4E., sec. 18, lots 7 and 10. (7) T. 9N., R. 3E., sec. 13, lots 8 and 12. (8) T. 9N., R. 3E, sec. 14, lot 6. (b) Conveyance to the Hoopa Valley Tribe.--The following parcels of Bureau of Land Management land along the western boundaries of the Hoopa Valley Reservation are conveyed in trust status to the Hoopa Valley Tribe: (1) T. 9N, R. 3E., sec. 23, lots 7 and 8. (2) T. 9N., R. 3E., sec. 26, lots 1 through 3. (3) T. 7N., R. 3E., sec. 7, lots 1 and 6. (4) T. 7N., R. 3E., sec. 1. SEC. 8. REPEAL OF OBSOLETE PROVISIONS. Section 2(c)(4) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i- 1(c)(4)) is amended by striking ``The-- '' and all that follows through ``shall not be'' and inserting ``The apportionment of funds to the Yurok Tribe under sections 4 and 7 shall not be''. SEC. 9. VOTING MEMBER. Section 3(c) of the Klamath River Basin Fisheries Restoration Act (16 U.S.C. 460ss-2(c)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6); and (2) by striking paragraph (3) and inserting the following: ``(3) A representative of the Yurok Tribe who shall be appointed by the Yurok Tribal Council. ``(4) A representative of the Department of the Interior who shall be appointed by the Secretary.''. SEC. 10. ECONOMIC SELF-SUFFICIENCY. Section 10 of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-9) is amended by striking subsection (a) and inserting the following: ``(a) Plan for Economic Self-Sufficiency.-- ``(1) Negotiations.--Not later than 30 days after the date of enactment of the Hoopa-Yurok Settlement Amendment Act of 2004, the Secretary shall enter into negotiations with the Yurok Tribe to establish a plan for the economic self- sufficiency of the Yurok Tribe, which shall be completed not later than 18 months after the date of enactment of the Hoopa- Yurok Settlement Amendment Act of 2004. ``(2) Submission to congress.--On the approval of the plan by the Yurok Tribe, the Secretary shall submit the plan to Congress. ``(3) Authorization of appropriations.--There is authorized to be appropriated $3,000,000 to establish the Yurok Tribe Self-Sufficiency Plan.''. SEC. 11. EFFECT OF ACT. Nothing in this Act or any amendment made by this Act limits the existing rights of the Hoopa Valley Tribe or the Yurok Tribe Tribe.", "summary": "Hoopa-Yurok Settlement Amendment Act of 2004 - Amends the Hoopa-Yurok Settlement Act to provide for the acquisition of land for the Yurok Reservation. Provides that Federal law enforcement and tribal court funds and programs shall be made available to the Hoopa Valley Tribe and Yurok Tribe on the same basis as the funds and programs are available to other Indian tribes. Provides for recognition of the Yurok Tribe. Directs the Secretary of the Interior and the Secretary of Agriculture to enter into stewardship agreements with the Yurok Tribe with respect to management of Klamath River Basin fisheries and water resources. Authorizes appropriations for Yurok infrastructure development and for Yurok economic development. Amends the Klamath River Basin Fisheries Act to revise the membership of the Klamath Fishery Management Council to include as voting members a representative of the Yurok Tribe appointed by the Yurok Tribal Council and a representative of the Department of the Interior appointed by the Secretary of the Interior. Amends the Hoopa-Yurok Settlement Act to require the Secretary to enter into negotiations with the Yurok Tribe to establish a plan for the economic self-sufficiency of the Yurok Tribe."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Student Loan Evaluation and Stabilization Act of 1995''. (b) References.--References in this Act to ``the Act'' are references to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. FINDINGS. The Congress finds that: (1) The current public/private student loan partnership is fulfilling the mission set for it by Congress, delivering loans to students reliably and in a timely fashion, and should be preserved. (2) The Administration's dismantling of the Federal Family Education Loan (FFEL) Program which has begun in order to replace it with an unproven direct Government lending program, which increases the Federal debt, further enlarges the Federal bureaucracy, adds major new financial oversight activities to the already overburdened Department of Education, and forces Congress to depend on estimated budget savings which may prove illusory, needs to be stopped so that a true and valid comparison of the student loan programs can occur. (3) The Federal Direct Student Loan (FDSL) Program pilot is only now getting started and has proceeded fairly smoothly when dealing with 5 percent of new loan volume. This slow and cautious approach should be continued as the volume increases to 40 percent. This pilot program should continue to proceed slowly and cautiously and demonstrate successful results before expanding it to additional loan volume. (4) While the FDSL Program pilot continues its test phase, reform of the FFEL Program which will benefit students and institutions of higher education should be a continuing priority for the Department of Education. SEC. 3. PARTICIPATION OF INSTITUTIONS AND ADMINISTRATION OF DIRECT LOAN PROGRAMS. (a) Limitation on Proportion of Loans Made Under Direct Loan Program.--Section 453(a) of the Act (20 U.S.C. 1087c(a)) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) Determination of number of agreements.--In the exercise of the Secretary's discretion, the Secretary shall enter into agreements under subsections (a) and (b) of section 454 with institutions for participation in the programs under this part, subject to the following: ``(A) for academic year 1994-1995, loans made under this part shall represent 5 percent of the new student loan volume for such year; and ``(B) for academic year 1995-1996 and for any succeeding fiscal year, loans made under this part shall be limited to loans to students and parents of students attending eligible institutions that have applied and been accepted for participation in the program under this part on or before December 31, 1994.'' (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). (b) Elimination of Conscription.--Section 453(b)(2) of such Act is amended-- (1) by striking subparagraph (B); (2) by redesignating subparagraphs (A)(i) and (A)(ii) as subparagraphs (A) and (B) respectively; and (3) in such subparagraph (B) (as so redesignated) by striking ``clause (i); and'' and inserting ``subparagraph (A).''. (c) Control of Administrative Expenses.-- (1) In general.--Section 458(a) of the Act is amended to read as follows: ``(a) In General.--Each fiscal year, there shall be available to the Secretary of Education from funds not otherwise appropriated, funds to be obligated for administrative costs under this part, not to exceed (from such funds not otherwise appropriated) $260,000,000 in fiscal year 1994, $295,000,000 in fiscal year 1995, $395,000,000 in fiscal year 1996, $400,000,000 in fiscal year 1997, and $400,000,000 in fiscal year 1998. Such administrative costs shall include the costs of annually assessing the program under this part and, subject to subsection (e) of this section, payment of an administrative cost allowance for the expenses of guaranty agencies in servicing outstanding loans in their portfolios and in guaranteeing new loans. If in any fiscal year the Secretary determines that additional funds for administrative expenses are needed, the Secretary is authorized to use funds available under this section for a subsequent fiscal year for such expenses, except that the total expenditures by the Secretary (from such funds not otherwise appropriated) shall not exceed $1,750,000,000 in fiscal years 1994 through 1998. The Secretary is also authorized to carry over funds available under this section to a subsequent fiscal year.''. (2) Improved congressional oversight of administration.-- Section 458 of the Act is further amended-- (A) by redesignating subsection (d) as subsection (g); and (B) by inserting after subsection (c) the following new subsections: ``(d) Funding Triggers.--For each fiscal year, funds available under this section may be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of Education of a detailed proposal of expenditures under this section. ``(e) Administrative Cost Allowance.-- ``(1) Conditions of receipt.--A guaranty agency may not obtain an administrative cost allowance from funds available under subsection (a) unless the guaranty agency has submitted an application in accordance with section 428(f)(2). A guaranty agency that receives such an allowance may expend such allowance for the purposes described in clauses (i) through (v) of section 428(f)(1)(A). ``(2) Election of payment rate.--For each fiscal year, at the time of its application for payments under section 428(f)(2), each guaranty agency shall elect to receive an administrative cost allowance, payable quarterly, for the next fiscal year calculated on the basis of either of the following: ``(A) 0.85 percent of the total principal amount of the loans upon which insurance was issued under part B during such fiscal year by such guaranty agency; or ``(B) 0.08 percent of the original principal amount of loans guaranteed by the guaranty agency that was outstanding at the end of the previous fiscal year. ``(3) Ratable reduction.--If the total amount of funds to be expended by the Secretary for purposes of paying the administrative cost allowances to all guaranty agencies in accordance with this provision exceeds $150,000,000 for any fiscal year, the Secretary shall ratably reduce such payments to all guaranty agencies. ``(f) Quarterly Report.--The Secretary shall provide a detailed quarterly report of all monies expended under this section to the Chairman of the Committee on Labor and Human Resources of the Senate and the Chairman of the Committee on Economic and Educational Opportunities of the House of Representatives. Such report shall specifically identify all contracts entered into by the Department for services supporting the loan programs under parts B and D of this title and the current and projected costs of such contracts.''. (d) Elimination of Transition to Direct Loans.--The Act is further amended-- (1) in section 422(c)(7)-- (A) by striking ``during the transition'' and all that follows through ``part D of this title'' in subparagraph (A); and (B) by striking ``section 428(c)(10)(F)(v)'' in subparagraph (B) and inserting ``section 428(c)(9)(F)(v)''; (2) in section 428(c)(8)-- (A) by striking ``(A)'' after the paragraph designation; and (B) by striking subparagraph (B); (3) in section 428(c)(9)(E)-- (A) by inserting ``or'' after the semicolon at the end of clause (iv); (B) by striking ``; or'' at the end of clause (v) and inserting a period; and (C) by striking clause (vi); (4) in clause (vii) of section 428(c)(9)(F)-- (A) by inserting ``and'' before ``to avoid disruption''; and (B) by striking ``, and to ensure an orderly transition'' and all that follows through the end of such clause and inserting a period; (5) in section 428(c)(9)(K), by striking ``the progress of the transition from the loan programs under this part to'' and inserting ``the integrity and administration of''; (6) in section 428(e)(1)(B)(ii), by striking ``during the transition'' and all that follows through ``part D of this title''; (7) in section 428(e)(3), by striking ``of transition''; (8) in section 428(j)(3)-- (A) by striking ``during transition to direct lending''; and (B) by striking ``during the transition'' and all that follows through ``part D of this title,'' and inserting a comma; (9) in section 453(c)(2), by striking ``Transition'' and inserting ``Institutional''; (10) in section 453(c)(3), by striking ``after transition''; and (11) in section 456(b)-- (A) by inserting ``and'' after the semicolon at the end of paragraph (3); (B) by striking paragraph (4); (C) by redesignating paragraph (5) as paragraph (4); and (D) in such paragraph (4) (as redesignated), by striking ``successful operation'' and inserting ``integrity and efficiency''. SEC. 4. ABILITY OF BORROWERS TO CONSOLIDATE UNDER DIRECT AND GUARANTEED LOAN PROGRAMS. (a) Ability of Part D Borrowers to Obtain Federal Stafford Consolidation Loans.--Section 428C(a)(4) of the Act (20 U.S.C. 1078- 3(a)(4)) is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E); and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) made under part D of this title;''. (b) Ability of Part B Borrowers to Obtain Federal Direct Consolidation Loans.--Section 428C(b)(5) of such Act is amended to read as follows: ``(5) Direct consolidation loans for borrowers in specified circumstances.-- ``(A) The Secretary may offer a borrower a direct consolidation loan in the event that a borrower otherwise eligible for a consolidation loan pursuant to this section is-- ``(i) unable to obtain a consolidation loan from a lender with an agreement under subsection (a)(1), or ``(ii)(I) evidences a substantial existing or projected difficulty in repaying loans received under this part; and ``(II) desires a consolidation loan with an income contingent repayment schedule as offered to borrowers under part D of this title. ``(B) The Secretary shall establish appropriate certification procedures to verify the eligibility of borrowers for loans pursuant to this paragraph. ``(C) The Secretary shall not offer such consolidation loans if, in the Secretary's judgment, the Department of Education does not have the necessary origination and servicing arrangements in place for such loans, or the projected volume in the program would be destabilizing to the availability of loans otherwise available under this part.''. SEC. 5. RESERVE FUND PROGRAMS. (a) Guaranty Agency Reserve Levels.--Section 428(c)(9) of such Act (20 U.S.C. 1078(c)(9)) is amended-- (1) in subparagraph (E)-- (A) by striking ``The Secretary'' and inserting ``After notice and opportunity for a hearing on the record, the Secretary''; (B) by inserting ``or'' after the semicolon at the end of clause (iv); (C) by striking ``; or'' at the end of clause (v) and inserting a period; and (D) by striking clause (vi); and (2) in subparagraph (F)-- (A) by inserting ``dedicated to the functions of the agency under the loan insurance program under this part'' after ``assets of the guaranty agency'' in clause (vi); and (B) in clause (vi), by inserting before ``; or'' the following ``, except that the Secretary may not take any action to require the guaranty agency to provide to the Secretary the unencumbered non-Federal portion of a reserve fund (as defined in section 422(a)(2))''. (b) Additional Amendments.--Section 422 of such Act is further amended-- (1) in the last sentence of subsection (a)(2), by striking ``Except as provided in section 428(c)(10) (E) or (F), such'' and inserting ``Such''; (2) in subsection (g), by striking paragraph (4) and inserting the following: ``(4) Disposition of funds returned to or recovered by the secretary.--Any funds that are returned to or otherwise recovered by the Secretary pursuant to this subsection shall be returned to the Treasury of the United States for purposes of reducing the Federal debt and shall be deposited into the special account under section 3113(d) of title 31, United States Code.''. SEC. 6. DEFAULT RATE LIMITATIONS ON DIRECT LENDING. Section 455 of the Act is amended by adding at the end the following new subsection: ``(k) Termination of Institutions for High Default Rates.-- ``(1) Methodology and criteria.--After consultation with institutions of higher education and other members of the higher education community, the Secretary shall develop-- ``(A) a methodology for the calculation of institutional default rates under the loan programs operated pursuant to this part; ``(B) criteria for the initiation of termination proceedings on basis of such default rates; and ``(C) procedures for the conduct of such termination proceedings. ``(2) Comparability to part b.--In developing the methodology, criteria, and procedures required by paragraph (1), the Secretary shall, to the maximum extent possible, establish standards for the termination of institutions from participation in loan programs under this part that are comparable to the standards established for the termination of institutions from participation in the loan programs under part B. Such procedures shall also include provisions for the appeal of default rate calculations based on deficiencies in the servicing of loans under this part that are comparable to the provisions for such appeals based on deficiencies in the servicing of loans under part B.''. SEC. 7. APPLICATION FOR PART B LOANS USING FREE FEDERAL APPLICATION. Section 483(a) of the Act (20 U.S.C. 1090(a)) is amended-- (1) in paragraph (1)-- (A) by inserting ``B,'' after ``assistance under parts A,''; (B) by striking ``part A) and to determine the need of a student for the purpose of part B of this title'' and inserting ``part A).''; and (C) by striking the last sentence and inserting the following: ``Such form may be in an electronic or any other format (subject to section 485B) in order to facilitate use by borrowers and institutions.''; and (2) in paragraph (3), by striking ``and States shall receive,'' and inserting ``, any guaranty agency authorized by any such institution, and States shall receive, at their request and''. SEC. 8. CREDIT REFORM. (a) Amendment.--Section 502(5)(B) of the Congressional Budget Act (31 U.S.C. 661a(5)(B)) is amended to read as follows: ``(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following cash flows for the estimated life of the loan: ``(i) Loan disbursements. ``(ii) Repayments of principal. ``(iii) Payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries. ``(iv) In the case of a direct student loan made pursuant to the program authorized under part D of title IV of the Higher Education Act of 1965, direct and indirect expenses, including but not limited to the following: expenses arising from credit policy and oversight, activities related to credit extension, loan origination, loan servicing, training, program promotion and payments to contractors, other Government entities, and program participants, collection of delinquent loans, and write-off and close-out of loans.''. (b) Effective Date.--The amendment made by subsection (a) of this section shall apply to all fiscal years beginning on or after October 1, 1995, and to statutory changes made on or after the date of enactment of this Act. HR 530 IH----2", "summary": "Student Loan Evaluation and Stabilization Act of 1995 - Amends the Higher Education Act of 1965 with respect to student loan programs. (Sec. 3) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; and (2) for academic year 1995-1996 and any succeeding fiscal year, to loans to students and parents of students attending eligible institutions which have applied and been accepted for institutional participation in such program on or before December 31, 1994. Eliminates provisions for selecting additional institutions to participate in such pilot program. Reduces the maximum amount of funds for administrative expenses of such program allowed for certain periods. Revises the items which such funds must cover, including the costs of annually assessing such program and payment of an administrative cost allowance for the expenses of guaranty agencies in servicing outstanding loans in their portfolios and in guaranteeing new loans. Revises provisions for congressional oversight of program administration, by providing for funding triggers which allow administrative funds to be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of a detailed proposal for such expenditures. Requires a guaranty agency to: (1) submit a specified application before obtaining an administrative cost allowance from such funds; (2) expend such allowance only for specified purposes; and (3) elect a payment rate on the basis of one of two specified formulas. Provides for ratable reductions of such allowances when total payments exceed a specified level. Directs the Secretary of Education to provide a detailed quarterly report of all such expenditures to specified congressional committee chairs. Requires such report to specifically identify all contracts entered into by the Department for services supporting the Federal Family Education Loan (FFEL) Program and the Federal Perkins Loan Program, as well as the current and projected costs of such contracts. Eliminates the transition to the Federal Direct Loan Program. (Sec. 4) Sets forth conditions under which: (1) Federal Perkins Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. (Sec. 5) Revises provisions relating to reserve fund programs. (Sec. 6) Sets institutional default rate limitations on direct lending. (Sec. 7) Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Allows such form to be in an electronic or any other format, subject to certain conditions, in order to facilitate use by borrowers and institutions. Provides for authorized guaranty agencies to receive such form. (Sec. 8) Amends the Congressional Budget Act to prescribe a formula for determining the cost of a direct loan on the basis of the net present value, at the time the direct loan is disbursed, of specified types of cash flows for the estimated life of the loan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Insurance Modernization Act''. SEC. 2. SPECIAL TRANSFERS TO STATE ACCOUNTS IN THE UNEMPLOYMENT TRUST FUND. (a) In General.--Section 903 of the Social Security Act (42 U.S.C. 1103) is amended by adding at the end the following: ``Special Transfers in Fiscal Years 2008 Through 2012 ``(f)(1)(A) In addition to any other amounts, the Secretary of Labor shall provide for the making of unemployment compensation modernization incentive payments (in this subsection referred to as `incentive payments') to the accounts of the States in the Unemployment Trust Fund, by transfer from amounts reserved for that purpose in the Federal unemployment account, in accordance with succeeding provisions of this subsection. ``(B) Subject to paragraph (5), the maximum incentive payment allowable under this subsection with respect to any State shall, as determined by the Secretary of Labor, be equal to the amount obtained by multiplying $7,000,000,000 times the same ratio as is applicable under subsection (a)(2)(B) for purposes of determining such State's share of any funds to be transferred under subsection (a) as of October 1, 2007. ``(C) Of the maximum incentive payment determined under subparagraph (B) with respect to a State-- ``(i) one-third shall be transferred upon a certification under paragraph (4)(B) that the State law of such State meets the requirements of paragraph (2); and ``(ii) the remainder shall be transferred upon a certification under paragraph (4)(B) that the State law of such State meets the requirements of paragraph (3). ``(2) The State law of a State meets the requirements of this paragraph if such State law-- ``(A) uses a base period that includes the most recently completed calendar quarter before the start of the benefit year for purposes of determining eligibility for unemployment compensation; or ``(B) provides that, in the case of an individual who would not otherwise be eligible for unemployment compensation under the State law because of the use of a base period that does not include the most recently completed calendar quarter before the start of the benefit year, eligibility shall be determined using a base period that includes such calendar quarter. ``(3) The State law of a State meets the requirements of this paragraph if such law includes provisions to carry out at least 2 of the following subparagraphs: ``(A) An individual shall not be denied compensation under any State law provisions relating to availability for work, active search for work, or refusal to accept work, solely because such individual is seeking only part-time (and not full-time) work, except that such law may provide for the provisions carrying out this subparagraph to require up to, but not to exceed, a majority of weeks of work of such individual's base period to consist of part-time employment. ``(B) An individual shall not be disqualified from compensation for separating from work for compelling family reasons, which, for purposes of this subparagraph, shall include at least the following: ``(i) A separation from employment in which domestic violence causes the individual reasonably to believe that such separation is necessary for the safety of the individual or the individual's family, as verified by such reasonable and confidential documentation that may be required by the State. ``(ii) A separation from employment resulting from the illness or disability of a member of the individual's immediate family. ``(iii) A separation from employment resulting from the individual's need to accompany a spouse-- ``(I) to a place from which it is impractical for such individual to commute; and ``(II) due to a change in location of the spouse's employment. ``(C) Weekly unemployment compensation is payable under this subparagraph to any individual who is unemployed (as determined under the State unemployment compensation law), has exhausted all rights to regular and (if applicable) extended unemployment compensation under the State law, and is enrolled and making satisfactory progress in a State-approved training program or in a job training program authorized under the Workforce Investment Act of 1998. Such program shall prepare individuals who have been separated from a declining occupation, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a high-demand occupation. In addition, such program may prepare other unemployed individuals deemed eligible by the State. The amount of unemployment compensation payable under this subparagraph to an individual for a week of unemployment shall be equal to the individual's average weekly benefit amount (including dependents' allowances) for the most recent benefit year, and the total amount of unemployment compensation payable under this subparagraph to any individual shall be equal to at least 26 times the individual's average weekly benefit amount (including dependents' allowances) for the most recent benefit year. ``(D) The maximum amount of compensation-- ``(i) payable to the individual during a benefit year is equal to at least 26 times the individual's weekly benefit amount; or ``(ii) the individual receives during a benefit year exceeds half of the individual's total wages during the base period. A State shall not be considered to satisfy clause (i) if it reduced the maximum weekly benefit amount of compensation payable to an individual during a benefit year below the amount that was in effect as of the date of enactment of this subsection. ``(E) Dependents' allowances are provided to all individuals with a dependent (as defined by State law) equal to at least $15 per dependent per week, subject to any aggregate limitation on such allowances which the State law may establish (but which aggregate limitation on the total allowance for dependents paid to an individual may not be less than the lesser of $50 for each week of unemployment or 50 percent of the individual's weekly benefit amount for the benefit year). ``(4)(A) Any State seeking an incentive payment under this subsection shall submit an application therefor at such time and in such manner as the Secretary of Labor shall by regulation prescribe. Such application shall include information on how the State intends to use incentive payments to improve or strengthen the State's unemployment compensation program. The Secretary of Labor shall, within 90 days after receiving any such application, notify the State agency of the State as to the Secretary's findings with respect to the requirements of paragraph (2) or (3) (as the case may be). ``(B) If the Secretary of Labor finds that the State law provisions (disregarding any State law provisions which are not then currently in effect or which are subject to discontinuation under certain conditions) meet the requirements of paragraph (2) or (3) (as the case may be) and that unemployment compensation claimants have begun to qualify for benefits under such requirements, the Secretary of Labor shall thereupon make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the incentive payment to be transferred to the State account pursuant to that finding. The Secretary of the Treasury shall make the appropriate transfer within 30 days after receiving such certification. ``(C)(i) No certification of compliance with the requirements of paragraph (2) or (3) may be made with respect to any State whose State law is not otherwise eligible for certification under section 303 or approvable under section 3304 of the Federal Unemployment Tax Act. ``(ii) No certification of compliance with the requirements of paragraph (3) may be made with respect to any State whose State law is not in compliance with the requirements of paragraph (2). ``(iii) No application under subparagraph (A) may be considered if submitted before October 1, 2007, or after the latest date by which it must be submitted (as specified by the Secretary of Labor in regulations) to ensure that all incentive payments under this subsection are made before October 1, 2012. ``(5)(A) If the Secretary of Labor determines, within 30 days after the deadline described in paragraph (4)(C)(iii), that there are amounts reserved for incentive payments under paragraph (7) for which the Secretary of the Treasury has not received a certification under paragraph (4)(B), from such amounts-- ``(i) first, 10 percent of such amounts shall be made available for transfer to the accounts of States under subsection (g); and ``(ii) second, from the remainder of such amounts, incentive payments that are in addition to those made under paragraph (1) shall be made to States described in subparagraph (E). ``(B)(i) The amount of additional incentive payments to a State under subparagraph (A)(ii) shall be an amount equal to the sum of-- ``(I) the amount obtained by multiplying the total amount determined by the Secretary of Labor under subparagraph (A) (after application of clause (i) of such subparagraph) times the same ratio as is applicable under subsection (a)(2)(B) for purposes of determining such State's share of any funds to be transferred under subsection (a) as of October 1, 2007; and ``(II) an amount equal to the total amount determined by the Secretary of Labor under subparagraph (A) (after application of clause (i) of such subparagraph) less the total amount of additional incentive payments under subclause (I) for all States, divided by the total number of States receiving additional incentive payments. ``(ii) In no case may the amount of an additional incentive payment transferred to a State under this paragraph exceed an amount equal to 2 times the total amount of the incentive payment transferred to the State under paragraph (1)(C). ``(C) For each State described in subparagraph (E), the Secretary shall make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the additional incentive payment to be transferred to the State account pursuant this paragraph. The Secretary of the Treasury shall make the appropriate transfer within 30 days after receiving such certification. ``(D) The Secretary of Labor shall certify to the Secretary of the Treasury the amount to be made available for transfer under subparagraph (A)(i). ``(E) For purposes of subparagraph (A), a State is described in this subparagraph if the Secretary of the Treasury received a certification under paragraph (4)(B) that the State law of such State meets the requirements of paragraphs (2) and (3). ``(6)(A) Except as provided in subparagraph (B), amounts transferred to a State account pursuant to paragraphs (4)(B) and (5)(C) may be used only in the payment of cash benefits to individuals with respect to their unemployment. ``(B) A State may, subject to the same conditions as set forth in subsection (c)(2) (excluding subparagraph (B) thereof, and deeming the reference to `subsections (a) and (b)' in subparagraph (D) thereof to include this subsection), use any amount transferred to the account of such State under paragraphs (4)(B) and (5)(C) for the administration of its unemployment compensation law and public employment offices. ``(7) Out of any money in the Federal unemployment account not otherwise appropriated, the Secretary of the Treasury shall reserve $7,000,000,000 to carry out this subsection. For purposes of section 902, the net balance in the Federal unemployment account as of any time is the amount in such account as of such time reduced by an amount equal to the total amount so reserved less the total of the incentive payments transferred under this subsection (and the total amount transferred under paragraph (5)(A)(i)) as of such time. ``Special Transfers in Fiscal Years 2008 Through 2012 ``(g)(1) Notwithstanding any other provision of this section, the total amount available for transfer to the accounts of the States pursuant to subsection (a) as of the beginning of each of fiscal years 2008, 2009, 2010, 2011, and 2012 shall be equal to the total amount which (disregarding this subsection) would otherwise be so available, increased by $100,000,000 (or, in the case of fiscal year 2012, $100,000,000 plus the amount made available for transfer under subsection (f)(5)(A)(i)). ``(2) Each State's share of any additional amount made available by this subsection shall be determined, certified, and computed in the same manner as described in subsection (a)(2) and shall be subject to the same limitations on transfers as described in subsection (b). For purposes of applying subsection (b)(2), the balance of any advances made to a State under section 1201 shall be credited against, and operate to reduce (but not below zero)-- ``(A) first, any additional amount which, as a result of the enactment of this subsection, is to be transferred to the account of such State in a fiscal year; and ``(B) second, any amount which (disregarding this subsection) is otherwise to be transferred to the account of such State pursuant to subsections (a) and (b) in such fiscal year. ``(3) Any additional amount transferred to the account of a State as a result of the enactment of this subsection-- ``(A) may be used by the State agency of such State only in the payment of expenses incurred by it for-- ``(i) the administration of the provisions of its State law carrying out the purposes of subsection (f)(2) or any subparagraph of subsection (f)(3); ``(ii) improved outreach to individuals who might be eligible for compensation by virtue of any provisions of the State law which are described in clause (i); ``(iii) the improvement of unemployment benefit and unemployment tax operations; and ``(iv) staff-assisted reemployment services for unemployment insurance claimants; and ``(B) shall be excluded from the application of subsection (c). ``(4) The total additional amount made available by this subsection in a fiscal year shall be taken out of the amounts remaining in the employment security administration account after subtracting the total amount which (disregarding this subsection) is otherwise required to be transferred from such account in such fiscal year pursuant to subsections (a) and (b).''. (b) Regulations.--The Secretary of Labor may prescribe any regulations necessary to carry out the amendment made by subsection (a). SEC. 3. EXTENSION OF FUTA TAX. Section 3301 of the Internal Revenue Code of 1986 (relating to rate of tax) is amended-- (1) by striking ``2007'' in paragraph (1) and inserting ``2012'', and (2) by striking ``2008'' in paragraph (2) and inserting ``2013''.", "summary": "Unemployment Insurance Modernization Act - Amends the Social Security Act to require the Secretary of Labor to make unemployment compensation modernization incentive payments in FY2008-FY2012 by certain transfers from the federal unemployment account to the accounts of the states in the Unemployment Trust Fund. Prescribes a formula for determining the maximum allowable incentive payments. Specifies requirements state law must meet for the state to qualify for such a payment. Limits the use of transferred amounts to the payment of cash unemployment benefits to individuals. Requires the Secretary of the Treasury to reserve specified funds out of the federal unemployment account for such incentive payments. Amends the Internal Revenue Code to extend through FY2013 the Federal Unemployment Tax Act (FUTA) excise tax imposed on every employer."}
{"article": "SECTION 1. DISCLOSURE FOR CHARITY EMPLOYEES AND BOARD MEMBERS PREVIOUSLY IMPLICATED IN TERROR FINANCE. (a) Application for Exemption.--Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(s) Disclosure for Charity Employees and Board Members Previously Implicated in Terror Finance.-- ``(1) In general.--An application of an organization for exemption from tax under subsection (a) shall not be treated as complete unless the application contains-- ``(A) the disclosures required by paragraph (2), or ``(B) a statement that no officer, director, trustee, or highly compensated employee of the organization (or an individual having powers or responsibilities similar to those of officers, directors, trustees, or highly compensated employees of the organization) is described in subparagraph (A), (B), or (C) of paragraph (2). ``(2) Required disclosures.--The disclosures required by this paragraph are the names and addresses of any officer, director, trustee, or highly compensated employee of the organization who, at any time before the date of the application-- ``(A) was a member or employee of an organization described in paragraph (3), ``(B) was an unindicted coconspirator with respect to a terror finance scheme of an organization described in paragraph (3), or ``(C) was an employee of any charity found liable under section 2333 of title 18, United States Code. ``(3) Organization described.--An organization is described in this paragraph if-- ``(A) the organization is named on the Designated Charities and Potential Fundraising Front Organizations for FTOs list, published by the Department of the Treasury, or ``(B) the organization's property is blocked pending investigation by the Office of Foreign Assets Control, Department of the Treasury.''. (b) Annual Reporting.--Section 6033 of such Code is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following: ``(s) Disclosure for Charity Employees and Board Members Previously Implicated in Terror Finance.-- ``(1) In general.--The annual return required of an organization by subsection (a) shall not be treated as complete unless the return contains-- ``(A) the disclosures required by paragraph (2), or ``(B) a statement that no officer, director, trustee, or highly compensated employee of the organization (or an individual having powers or responsibilities similar to those of officers, directors, trustees, or highly compensated employees of the organization) is described in subparagraph (A), (B), or (C) of paragraph (2). ``(2) Required disclosures.--The disclosures required by this paragraph are the names and addresses of any officer, director, trustee, or highly compensated employee of the organization who, at any time before the date of the application-- ``(A) was a member or employee of an organization described in paragraph (3), ``(B) was an unindicted coconspirator with respect to a terror finance scheme of an organization described in paragraph (3), or ``(C) was an employee of any charity found liable under section 2333 of title 18, United States Code. ``(3) Organization described.--An organization is described in this paragraph if-- ``(A) the organization is described in section 501(c) and exempt from tax under section 501(a), ``(B) the organization is named on the Designated Charities and Potential Fundraising Front Organizations for FTOs list, published by the Department of the Treasury, or ``(C) the organization's property is blocked pending investigation by the Office of Foreign Assets Control, Department of the Treasury.''. (c) Effective Date.-- (1) The amendment made by subsection (a) shall apply to applications filed after the date of the enactment of this Act. (2) The amendment made by subsection (b) shall apply to returns filed for taxable years beginning after the date of the enactment of this Act.", "summary": "This bill amends the Internal Revenue Code to require tax-exempt organizations to disclose details regarding employees and board members involved in terror finance activities. An organization applying for tax-exempt status must disclose in its application the names and addresses of any officer, director, trustee, or highly compensated employee who, at any time prior to the date of the application, was: a member or employee of an organization: (1) named on the Department of the Treasury's Designated Charities and Potential Fundraising Front Organizations for FTOs (Foreign Terrorist Organizations) list, or (2) with property that has been blocked pending investigation by Treasury's Office of Foreign Assets Control; an unindicted coconspirator with respect to a terror finance scheme of an organization described above, or an employee of any charity found liable for civil damages due to an act of international terrorism. In lieu of the disclosure, the organization may include a statement indicating that no officer, director, trustee, or highly compensated employee of the organization (or individual with similar powers and responsibilities) meets the criteria described above. Tax-exempt organizations must also include either the required disclosure or the statement in annual tax returns filed after the enactment of this bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Veterans Prevention Act of 2015''. SEC. 2. INCREASED PER DIEM PAYMENTS FOR TRANSITIONAL HOUSING ASSISTANCE THAT BECOMES PERMANENT HOUSING FOR HOMELESS VETERANS. Section 2012(a)(2) of title 38, United States Code, is amended-- (1) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (2) in subparagraph (C), as redesignated, by striking ``in subparagraph (D)'' and inserting ``in subparagraph (E)''; (3) in subparagraph (D), as redesignated, by striking ``under subparagraph (B)'' and inserting ``under subparagraph (C)''; (4) in subparagraph (E), as redesignated, by striking ``in subparagraphs (B) and (C)'' and inserting ``in subparagraphs (C) and (D)''; and (5) in subparagraph (A)-- (A) by striking ``The rate'' and inserting ``Except as otherwise provided in subparagraph (B), the rate''; and (B) by striking ``under subparagraph (B)'' and all that follows through the end and inserting the following: ``under subparagraph (C). ``(B)(i) Except as provided in clause (ii), in no case may the rate determined under this paragraph exceed the rate authorized for State homes for domiciliary care under subsection (a)(1)(A) of section 1741 of this title, as the Secretary may increase from time to time under subsection (c) of that section. ``(ii) In the case of services furnished to a homeless veteran who is placed in housing that will become permanent housing for the veteran upon termination of the furnishing of such services to such veteran, the maximum rate of per diem authorized under this section is 150 percent of the rate described in clause (i).''. SEC. 3. AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING CARE TO DEPENDENTS OF CERTAIN HOMELESS VETERANS. Subsection (a) of section 2012 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Services for which a recipient of a grant under section 2011 of this title (or an entity described in paragraph (1)) may receive per diem payments under this subsection may include furnishing care for a dependent of a homeless veteran who is under the care of such homeless veteran while such homeless veteran receives services from the grant recipient (or entity).''. SEC. 4. PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTITIES TO PROVIDE LEGAL SERVICES TO HOMELESS VETERANS AND VETERANS AT RISK OF HOMELESSNESS. (a) In General.--Chapter 20 of title 38, United States Code, is amended by inserting after section 2022 the following new section: ``Sec. 2022A. Partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness ``(a) Partnerships Authorized.--Subject to the availability of funds for that purpose, the Secretary may enter into partnerships with public or private entities to fund a portion of the general legal services specified in subsection (c) that are provided by such entities to homeless veterans and veterans at risk of homelessness. ``(b) Locations.--The Secretary shall ensure that, to the extent practicable, partnerships under this section are made with entities equitably distributed across the geographic regions of the United States, including rural communities and tribal lands. ``(c) Legal Services.--Legal services specified in this subsection include legal services provided by public or private entities that address the needs of homeless veterans and veterans at risk of homelessness as follows: ``(1) Legal services related to housing, including eviction defense and representation in landlord-tenant cases. ``(2) Legal services related to family law, including assistance in court proceedings for child support, divorce, and estate planning. ``(3) Legal services related to income support, including assistance in obtaining public benefits. ``(4) Legal services related to criminal defense, including defense in matters symptomatic of homelessness, such as outstanding warrants, fines, and driver's license revocation, to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing. ``(d) Consultation.--In developing and carrying out partnerships under this section, the Secretary shall, to the extent practicable, consult with public and private entities-- ``(1) for assistance in identifying and contacting organizations described in subsection (c); and ``(2) to coordinate appropriate outreach relationships with such organizations. ``(e) Reports.--The Secretary may require entities that have entered into partnerships under this section to submit to the Secretary periodic reports on legal services provided to homeless veterans and veterans at risk of homelessness pursuant to such partnerships.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by adding after the item relating to section 2022 the following new item: ``2022A. Partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness.''. SEC. 5. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY TO PROVIDE DENTAL CARE TO HOMELESS VETERANS. Subsection (b) of section 2062 of title 38, United States Code, is amended to read as follows: ``(b) Eligible Veterans.--(1) Subsection (a) applies to a veteran who-- ``(A) is enrolled for care under section 1705(a) of this title; and ``(B) for a period of 60 consecutive days, is receiving-- ``(i) assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); or ``(ii) care (directly or by contract) in any of the following settings: ``(I) A domiciliary under section 1710 of this title. ``(II) A therapeutic residence under section 2032 of this title. ``(III) Community residential care coordinated by the Secretary under section 1730 of this title. ``(IV) A setting for which the Secretary provides funds for a grant and per diem provider. ``(2) For purposes of paragraph (1), in determining whether a veteran has received assistance or care for a period of 60 consecutive days, the Secretary may disregard breaks in the continuity of assistance or care for which the veteran is not responsible.''. SEC. 6. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF REFERRAL AND COUNSELING SERVICES FOR VETERANS AT RISK FOR HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN INSTITUTIONS. Section 2023 of title 38, United States Code, is amended-- (1) by striking subsection (d); and (2) by redesignating subsection (e) as subsection (d). SEC. 7. EXTENSION OF AUTHORITY FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING. (a) In General.--Paragraph (1) of section 2044(e) of title 38, United States Code, is amended by adding at the end the following new subparagraph (F): ``(F) $500,000,000 for fiscal year 2016.''. (b) Training Entities for Provision of Supportive Services.-- Paragraph (3) of such section is amended by inserting ``and 2015'' after ``through 2012''. SEC. 8. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS TO ASSESS COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall assess and measure the capacity of programs for which entities receive grants under section 2011 of title 38, United States Code, or per diem payments under section 2012 or 2061 of such title. (b) Assessment at National and Local Levels.--In assessing and measuring under subsection (a), the Secretary shall develop and use tools to examine the capacity of programs described in such subsection at both the national and local level in order to assess the following: (1) Whether sufficient capacity exists to meet the needs of homeless veterans in each geographic area. (2) Whether existing capacity meets the needs of the subpopulations of homeless veterans located in each geographic area. (3) The amount of capacity that recipients of grants under sections 2011 and 2061 and per diem payments under section 2012 of such title have to provide services for which the recipients are eligible to receive per diem under section 2012(a)(2)(B)(ii) of title 38, United States Code, as added by section 3(5)(B). (c) Use of Information.--The Secretary shall use the information collected under this section as follows: (1) To set specific goals to ensure that programs described in subsection (a) are effectively serving the needs of homeless veterans. (2) To assess whether programs described in subsection (a) are meeting goals set under paragraph (1). (3) To inform funding allocations for programs described in subsection (a). (4) To improve the referral of homeless veterans to programs described in subsection (a). (d) Report.--Not later than 180 days after the date on which the assessment required by subsection (b) is completed, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such assessment and such recommendations for legislative and administrative action as the Secretary may have to improve the programs and per diem payments described in subsection (a). SEC. 9. REQUIREMENT FOR COMPTROLLER GENERAL TO STUDY DEPARTMENT OF VETERANS AFFAIRS HOMELESS VETERANS PROGRAMS. (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study of programs of the Department of Veterans Affairs that provide assistance to homeless veterans. (b) Elements.--The study required by subsection (a) shall include the following: (1) An assessment of whether programs described in subsection (a) are meeting the needs of veterans who are eligible for assistance provided by such programs. (2) A review of recent efforts of the Secretary of Veterans Affairs to improve the privacy, safety, and security of female veterans receiving assistance from such programs. SEC. 10. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS ON ASSISTANCE TO HOMELESS VETERANS. (a) In General.--Section 2065 of title 38, United States Code, is hereby repealed. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2065.", "summary": "Homeless Veterans Prevention Act of 2015 Increases the per diem payment for transitional housing assistance for homeless veterans who are placed in housing that will become permanent upon the termination of such assistance to a maximum of 150% of the per diem rate authorized for veterans receiving domiciliary care in state homes. Allows services for which a homeless veteran receives a grant under the comprehensive service programs to include furnishing care for a dependent. Authorizes the the Department of Veterans Affairs (VA) to enter into partnerships with public or private entities to provide legal services to homeless veterans and veterans at risk of homelessness. Revises VA authority to provide dental care to veterans receiving certain other assistance through the VA to include those veterans receiving assistance under the United States Housing Act of 1937. Repeals the September 30, 2013, sunset on the authority of the VA and the Department of Labor to carry out a program of referral and counseling for veterans who are at risk of homelessness and are transitioning from certain institutions, including penal institutions. Extends supportive services assistance for very low-income veteran families in permanent housing. Directs the VA to: (1) assess and measure the capacity of programs for which entities receive grants or per diem payments to assist homeless veterans, and (2) use such information to ensure that such programs effectively serve the needs of such veterans. Requires a VA report on activities under such programs. (Current law requires annual reports.) Requires a Comptroller General study of VA assistance to homeless veterans. Repeals the requirement for annual VA reports on assistance to homeless veterans."}
{"article": "SECTION 1. TRANSFER OF ADMINISTRATIVE JURISDICTION. (a) Transfer From BLM to Department of Energy.-- (1) In general.--Administrative jurisdiction over the following parcels of land in the State of Washington, comprising approximately 49,280 acres, is transferred from the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to the Secretary of Energy: (A) Sections 6 and 8, the portion of the NE\\1/4\\ of 18 north of the north right-of-way for Horn Rapids Road, T10N, R28E, Willamette Meridian. (B) Section 6, the portion of S\\1/2\\ of 12 north of the north right-of-way of Horn Rapids Road, the portion of 2 north of the north right-of-way of Route 240, NE\\1/2\\ of 8, N\\1/2\\ and W\\1/2\\, SW\\1/4\\ and the portion of the NE\\1/4\\, SE\\1/4\\ of 4, north of the Yakima River, T10N, R27E, Willamette Meridian. (C) NW\\1/4\\ of 2, T11N, R24E, Willamette Meridian. (D) NE\\1/4\\ of the NE\\1/4\\ of 4, NE\\1/4\\ and the N\\1/2\\ of the NW\\1/4\\ of 2, NW\\1/4\\ and W\\1/2\\ of the NE\\1/4\\ of 6, T11N, R26E, Willamette Meridian. (E) Sections 2, 4, 6, 8, 10, 12, 14, and 24, T11N, R26E, Willamette Meridian. (F) Sections 2, 8, 10, 12, 14, 18, 22, 24, 26, 28, 30, 32, 34, and the NE\\1/4\\ and SE\\1/4\\ of 4, SW\\1/4\\ of 6, NW\\1/4\\, SW\\1/4\\ and SE\\1/4\\ of 20, T11N, R27E, Willamette Meridian. (G) Sections 4, 6, 8, 10, 18, 20, 28, 30, and 32, NW\\1/4\\ and SW\\1/4\\ of 22 and all land lying west of the Columbia River in 2, T11N, R28E, Willamette Meridian. (H) Sections 14, 24, and 26, T12N, R24E, Willamette Meridian. (I) Sections 6, 8, 10, 18, 22, 24, and 30, NW\\1/4\\, NE\\1/4\\ and SE\\1/4\\ of 4, W\\1/2\\, and the E\\1/2\\ of the NE\\1/4\\ and the NE\\1/4\\ of the SE\\1/4\\ of 20, N\\1/2\\ of the NW\\1/4\\ and N\\1/2\\ of the NE\\1/4\\ and SW\\1/4\\ of the SE\\1/4\\ and SE\\1/4\\ of the SW\\1/4\\ of 26, NE\\1/4\\ of the NE\\1/4\\ of 32, S\\1/2\\ of the NW\\1/4\\ and S\\1/2\\ of the NE\\1/4\\ and S\\1/2\\ of 34, T12N, R25E, Willamette Meridian. (J) Sections 20, 22, 24, 26, 28, 30, 32, and 34, T12N, R26E, Willamette Meridian. (K) Sections 14, 18, 20, 22, 24, 26, 28, 30, 32, and 34, NE\\1/4\\ and S\\1/2\\ of the SE\\1/4\\ of 4, S\\1/2\\ and NW\\1/4\\ of the SW\\1/4\\ of 6, SW\\1/4\\, and the NW\\1/ 4\\, SW\\1/4\\, SE\\1/4\\ of the SE\\1/4\\ and SW\\1/4\\ of the NW\\1/4\\ of 8, T12N, R27E, Willamette Meridian. (L) Section 30, S\\1/2\\ and NW\\1/4\\ of 32, S\\1/2\\ of 34, T12N, R28E, Willamette Meridian. (M) S\\1/2\\ of the NW\\1/4\\ and SW\\1/4\\ of 14, N\\1/2\\ of the NE\\1/4\\ of 24, SW\\1/4\\ of the SE\\1/4\\ of 22, T13N, R24E, Willamette Meridian. (N) Sections 24, 28, S\\1/2\\ of the SE\\1/4\\ and SW\\1/4\\ of 18, NW\\1/4\\ of the SE\\1/4\\ of 20, S\\1/2\\ of 32, T13N, R25E, Willamette Meridian. (2) Withdrawal and use.--The land described in paragraph (1) is withdrawn from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and reserved for the use of the Hanford project of the Department of Energy. (3) Authorities.-- (A) In general.--The Secretary of Energy shall exercise all of the authorities with respect to the land described in paragraph (1) under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Atomic Energy Community Act of 1955 (42 U.S.C. 2301 et seq.). (B) Disposal.--Any disposal of land described in paragraph (1) under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) or the Atomic Energy Community Act of 1955 (42 U.S.C. 2301 et seq.) shall be subject to valid existing rights of third parties. (C) Effect.--This paragraph does not add to, modify, or eliminate any authority of the Secretary of Energy to dispose of property under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) or the Atomic Energy Community Act of 1955 (42 U.S.C. 2301 et seq.). (b) Transfer From Department of Energy to BLM.-- (1) In general.--Administrative jurisdiction over the following parcels of land in the State of Washington, comprising approximately 48,640 acres, is transferred from the Secretary of Energy to the Secretary of the Interior, acting through the Director of the Bureau of Land Management: (A) Sections 13, 24, 25, 34-36, NE\\1/4\\ and SE\\1/4\\ of 11, NE\\1/4\\ and SE\\1/4\\ of 14, NE\\1/4\\ and SE\\1/4\\ of 23, NE\\1/4\\ and SE\\1/4\\ of 26, SW\\1/4\\ and SE\\1/4\\ of 33, except NW\\1/4\\ of section 12, T14N, R26E, Willamette Meridian. (B) Sections 7, 17-20, 28-34, T14N, R27E, Willamette Meridian. (C) Sections 1-4, 9-13, 15-17, 20-24, SE\\1/4\\ of 5, NE\\1/4\\, SE\\1/4\\ and SW\\1/4\\ of 8, NE\\1/4\\ and NW\\1/4\\ of 27, NE\\1/4\\ and NW\\1/4\\ of 26, NW\\1/4\\, NE\\1/4\\ and SE\\1/4\\ of 25, NW\\1/4\\ and SW\\1/4\\ of the NW\\1/4\\ of 14, NW\\1/4\\ and NE\\1/4\\ of the SW\\1/4\\ of 14, NW\\1/4\\ and NE\\1/4\\ of the SE\\1/4\\ of 14, SW\\1/4\\ and SE\\1/4\\ of the NE\\1/4\\ of 14, T13N, R26E, Willamette Meridian. (D) Sections 3-10, 14-17, 19-30, 35, 36, NE\\1/4\\ and NW\\1/4\\ of 31, NE\\1/4\\ and NW\\1/4\\ of 32, NE\\1/4\\ and NW\\1/4\\ of 33, NW\\1/4\\, NE\\1/4\\ and SE\\1/4\\ of 34, NE\\1/4\\ and SE\\1/4\\ of NW\\1/4\\ NE\\1/4\\ and SE\\1/4\\ SW\\1/4\\ of 18, T13N, R27E, Willamette Meridian. (E) Sections 30-32, T13N, R28E, Willamette Meridian. (F) Section 1, NW\\1/4\\ and NE\\1/4\\ of 2, NE\\1/4\\ of 12, NW\\1/4\\ and SW\\1/4\\ of the SE\\1/4\\ of 12, NE\\1/4\\ and SE\\1/4\\ of 13, T12N, R27E, Willamette Meridian. (G) Sections 4, 5, 7, 9, 10, 15-17, 19, 21, 23, 27, 29, NE\\1/4\\ and SE\\1/4\\ of 6, NE\\1/4\\ and NW\\1/4\\ of 8, NE\\1/4\\ and NW\\1/4\\ of 33, NE\\1/4\\ and NW\\1/4\\ of 35, T12N, R28E, Willamette Meridian. (2) Status.--The land described in paragraph (1)-- (A) shall be treated as public land (within the meaning of section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) and shall be subject to all of the laws (including regulations) applicable to the public land; and (B) is withdrawn from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and reserved for the use of the Secretary of Energy in connection with the Hanford operations of the Department of Energy until the withdrawal and reservation are revoked by order of the Secretary of the Interior with the concurrence of the Secretary of Energy.", "summary": "Transfers administrative jurisdiction over specified lands in the State of Washington from: (1) the Secretary of the Interior, acting through the Bureau of Land Management, to the Secretary of Energy; and (2) the Secretary of Energy to the Secretary of the Interior, acting through the Bureau of Land Management. Withdraws such lands from all forms of appropriation under the public land laws, including the mining and mineral leasing law. Sets forth: (1) reservations of such lands in connection with the Hanford project of the Department of Energy; and (2) authorities and disposal requirements under the Atomic Energy Act of 1954 with respect to the lands transferred to the Secretary of Energy."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Certainty and Growth Act of 2013''. SEC. 2. SENSE OF THE SENATE REGARDING TAX REFORM. It is the sense of the Senate that Congress should undertake comprehensive tax reform legislation to-- (1) make our system fairer and simpler; and (2) promote economic growth. SEC. 3. PERMANENT DOUBLING OF DEDUCTIONS FOR START-UP EXPENSES, ORGANIZATIONAL EXPENSES, AND SYNDICATION FEES. (a) Start-Up Expenses.-- (1) In general.--Clause (ii) of section 195(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$5,000'' and inserting ``$10,000'', and (B) by striking ``$50,000'' and inserting ``$60,000''. (2) Conforming amendment.--Subsection (b) of section 195 of the Internal Revenue Code of 1986 is amended by striking paragraph (3). (b) Organizational Expenses.--Subparagraph (B) of section 248 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$5,000'' and inserting ``$10,000'', and (2) by striking ``$50,000'' and inserting ``$60,000''. (c) Organization and Syndication Fees.--Clause (ii) of section 709(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$5,000'' and inserting ``$10,000'', and (2) by striking ``$50,000'' and inserting ``$60,000''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years ending on or after the date of the enactment of this Act. SEC. 4. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL BUSINESS. (a) Cash Accounting Permitted.-- (1) In general.--Section 446 of the Internal Revenue Code of 1986 (relating to general rule for methods of accounting) is amended by adding at the end the following new subsection: ``(g) Certain Small Business Taxpayers Permitted To Use Cash Accounting Method Without Limitation.-- ``(1) In general.--An eligible taxpayer shall not be required to use an accrual method of accounting for any taxable year. ``(2) Eligible taxpayer.--For purposes of this subsection, a taxpayer is an eligible taxpayer with respect to any taxable year if-- ``(A) for all prior taxable years beginning after December 31, 2013, the taxpayer (or any predecessor) met the gross receipts test of section 448(c), and ``(B) the taxpayer is not subject to section 447 or 448.''. (2) Expansion of gross receipts test.-- (A) In general.--Paragraph (3) of section 448(b) of such Code (relating to entities with gross receipts of not more than $5,000,000) is amended by striking ``$5,000,000'' in the text and in the heading and inserting ``$10,000,000''. (B) Conforming amendments.--Section 448(c) of such Code is amended-- (i) by striking ``$5,000,000'' each place it appears in the text and in the heading of paragraph (1) and inserting ``$10,000,000'', and (ii) by adding at the end the following new paragraph: ``(4) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2014, the dollar amount contained in subsection (b)(3) and paragraph (1) of this subsection shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under this subparagraph is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000.''. (b) Clarification of Inventory Rules for Small Business.-- (1) In general.--Section 471 of the Internal Revenue Code of 1986 (relating to general rule for inventories) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Small Business Taxpayers Not Required To Use Inventories.-- ``(1) In general.--A qualified taxpayer shall not be required to use inventories under this section for a taxable year. ``(2) Treatment of taxpayers not using inventories.--If a qualified taxpayer does not use inventories with respect to any property for any taxable year beginning after December 31, 2013, such property shall be treated as a material or supply which is not incidental. ``(3) Qualified taxpayer.--For purposes of this subsection, the term `qualified taxpayer' means-- ``(A) any eligible taxpayer (as defined in section 446(g)(2)), and ``(B) any taxpayer described in section 448(b)(3).''. (2) Increased eligibility for simplified dollar-value lifo method.--Section 474(c) is amended by striking ``$5,000,000'' and inserting ``the dollar amount in effect under section 448(c)(1)''. (c) Effective Date and Special Rules.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. (2) Change in method of accounting.--In the case of any taxpayer changing the taxpayer's method of accounting for any taxable year under the amendments made by this section-- (A) such change shall be treated as initiated by the taxpayer; (B) such change shall be treated as made with the consent of the Secretary of the Treasury; and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period (not greater than 4 taxable years) beginning with such taxable year. SEC. 5. PERMANENT EXTENSION OF EXPENSING LIMITATION. (a) Dollar Limitation.--Section 179(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``shall not exceed'' and all that follows and inserting ``shall not exceed $250,000.''. (b) Reduction in Limitation.--Section 179(b)(2) of such Code is amended by striking ``exceeds'' and all that follows and inserting ``exceeds $800,000.''. (c) Inflation Adjustment.--Subsection (b) of section 179 of such Code is amended by adding at the end the following new paragraph: ``(6) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2014, the $250,000 in paragraph (1) and the $800,000 amount in paragraph (2) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.-- ``(i) Dollar limitation.--If the amount in paragraph (1) as increased under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(ii) Phaseout amount.--If the amount in paragraph (2) as increased under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (d) Computer Software.--Section 179(d)(1)(A)(ii) of such Code is amended by striking ``and before 2014''. (e) Election.--Section 179(c)(2) of such Code is amended by striking ``and before 2014''. (f) Special Rules for Treatment of Qualified Real Property.-- (1) In general.--Section 179(f)(1) of such Code is amended by striking ``beginning in 2010, 2011, 2012, or 2013'' and inserting ``beginning after 2009''. (2) Conforming amendment.--Section 179(f) of such Code is amended by striking paragraph (4). (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 6. EXTENSION OF BONUS DEPRECIATION. (a) In General.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``January 1, 2015'' in subparagraph (A)(iv) and inserting ``January 1, 2016'', and (2) by striking ``January 1, 2014'' each place it appears and inserting ``January 1, 2015''. (b) Special Rule for Federal Long-Term Contracts.--Clause (ii) of section 460(c)(6)(B) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2014 (January 1, 2015'' and inserting ``January 1, 2015 (January 1, 2016''. (c) Conforming Amendments.-- (1) The heading for subsection (k) of section 168 of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (2) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``Pre-january 1, 2014'' and inserting ``Pre-january 1, 2015''. (3) Section 168(k)(4)(D) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting a comma, and by adding at the end the following new clauses: ``(iv) `January 1, 2015' shall be substituted for `January 1, 2016' in subparagraph (A)(iv) thereof, and ``(v) `January 1, 2014' shall be substituted for `January 1, 2015' each place it appears in subparagraph (A) thereof.''. (4) Section 168(l)(4) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) by substituting `January 1, 2014' for `January 1, 2015' in clause (i) thereof, and''. (5) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (6) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (7) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2013, in taxable years ending after such date. SEC. 7. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT BUILDINGS AND IMPROVEMENTS, AND QUALIFIED RETAIL IMPROVEMENTS. (a) In General.--Clauses (iv), (v), and (ix) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 are each amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2013.", "summary": "Small Business Tax Certainty and Growth Act of 2013 - Expresses the sense of the Senate that Congress should undertake comprehensive tax reform to make the tax system fairer and simpler and to promote economic growth. Amends the Internal Revenue Code to: (1) make permanent the increased tax deductions for business start-up expenditures, organizational expenditures, and organization and syndication fees; (2) allow the cash accounting method for businesses whose gross receipts do not exceed $10 million (currently, $5 million); (3) exempt businesses whose gross receipts do not exceed $10 million from the requirement to use inventories; (4) make permanent the $250,000 allowance for expensing business assets, including computer software; (5) extend for one year the additional depreciation allowance for business assets; and (6) extend through 2014 the 15-year straight-line depreciation allowance for qualified leasehold, restaurant, and retail improvements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Control Credit Act of 2013''. SEC. 2. TRANSFER OF EXCESS WORK-IN-KIND CREDIT. (a) In General.--Subject to subsection (b), the Secretary of the Army may apply credit for in-kind contributions provided by a non- Federal interest that is in excess of the required non-Federal cost- share for a water resources study or project, including credit for in- kind contributions provided to accelerate completion of a water resources study or project, toward the required non-Federal cost-share for a different water resources study or project. (b) Restrictions.-- (1) In general.--Except for subsection (a)(4)(D)(i) of that section, the requirements of section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 3 of this Act) shall apply to any credit under this section. (2) Conditions.--Credit in excess of the non-Federal cost- share for a study or project may be approved under this section only if-- (A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies-- (i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that is in excess of the non-Federal cost share for the study or project; and (ii) the studies and projects to which that excess credit would be applied; (B) the Secretary approves the comprehensive plan; and (C) the total amount of credit does not exceed the total non-Federal cost-share for the studies and projects in the approved comprehensive plan. (c) Additional Criteria.--In evaluating a request to apply credit in excess of the non-Federal cost-share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will-- (1) help to expedite the completion of a project or group of projects; (2) reduce costs to the Federal Government; and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. (d) Report.-- (1) Deadlines.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an interim report on the use of the authority under this section. (B) Final report.--Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a final report on the use of the authority under this section. (2) Inclusions.--The reports described in paragraph (1) shall include-- (A) a description of the use of the authority under this section during the reporting period; (B) an assessment of the impact of the authority under this section on the time required to complete projects; and (C) an assessment of the impact of the authority under this section on other water resources projects. SEC. 3. CREDIT FOR IN-KIND CONTRIBUTIONS. (a) In General.--Section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i) by inserting ``or a project under an environmental infrastructure assistance program'' after ``law''; (2) in subparagraph (C), by striking ``In any case'' and all that follows through the period at the end and inserting the following: ``(i) Construction.-- ``(I) In general.--In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this subparagraph, the Secretary and the non-Federal interest shall enter into an agreement under which the non- Federal interest shall carry out such work prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction. ``(II) Eligibility.--Construction that is carried out after the execution of an agreement to carry out work described in subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement to carry out work, shall be eligible for credit. ``(ii) Planning.-- ``(I) In general.--In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non- Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating that planning. ``(II) Eligibility.--Planning that is carried out by the non-Federal interest after the execution of an agreement to carry out work described in subclause (I) shall be eligible for credit.''; (3) in subparagraph (D)(iii), by striking ``sections 101 and 103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(2); 33 U.S.C. 2213(a)(1)(A))''; (4) by redesignating subparagraph (E) as subparagraph (H); (5) by inserting after subparagraph (D) the following: ``(E) Analysis of costs and benefits.--In the evaluation of the costs and benefits of a project, the Secretary shall not consider construction carried out by a non-Federal interest under this subsection as part of the future without project condition. ``(F) Transfer of credit between separable elements of a project.--Credit for in-kind contributions provided by a non-Federal interest, under this section or section 104 of the Water Resources Development Act of 1986 (33 U.S.C. 2214), that are in excess of the non-Federal cost share for an authorized separable element of a project may be applied toward the non- Federal cost share for a different authorized separable element of the same project or toward another authorized project, within the same watershed, for which the non-Federal interest has a cost share responsibility. ``(G) Application of credit.--To the extent that credit for in-kind contributions, as limited by subparagraph (D), and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-Federal interest exceed the non-Federal share of the cost of construction of a project other than a navigation project, the Secretary shall reimburse the difference to the non-Federal interest, subject to the availability of funds.''; and (6) in subparagraph (H) (as redesignated by paragraph (4))-- (A) in clause (i), by inserting ``, and to water resources projects authorized prior to the date of enactment of the Water Resources Development Act of 1986 (Public Law 99-662), if correction of design deficiencies is necessary'' before the period at the end; and (B) by striking clause (ii) and inserting the following: ``(ii) Authorization in addition to specific credit provision.--In any case in which a specific provision of law authorizes credit for in- kind contributions provided by a non-Federal interest before the date of execution of a partnership agreement, the Secretary may apply the authority provided in this paragraph to allow credit for in-kind contributions provided by the non-Federal interest on or after the date of execution of the partnership agreement.''. (b) Applicability.--Section 2003(e) of the Water Resources Development Act of 2007 (42 U.S.C. 1962d-5b note) is amended by inserting ``, or construction of design deficiency corrections on the project,'' after ``construction on the project''. (c) Effective Date.--The amendments made by subsections (a) and (b) take effect on November 8, 2007. (d) Guidelines.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall update any guidance or regulations for carrying out section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by subsection (a)) that are in existence on the date of enactment of this Act or issue new guidelines, as determined to be appropriate by the Secretary. (2) Inclusions.--Any guidance, regulations, or guidelines updated or issued under paragraph (1) shall include, at a minimum-- (A) the milestone for executing an in-kind memorandum of understanding for construction by a non- Federal interest; (B) criteria and procedures for evaluating a request to execute an in-kind memorandum of understanding for construction by a non-Federal interest that is earlier than the milestone under subparagraph (A) for that execution; and (C) criteria and procedures for determining whether work carried out by a non-Federal interest is integral to a project. (3) Public and stakeholder participation.--Before issuing any new or revised guidance, regulations, or guidelines or any subsequent updates to those documents, the Secretary shall-- (A) consult with affected non-Federal interests; (B) publish the proposed guidelines developed under this subsection in the Federal Register; and (C) provide the public with an opportunity to comment on the proposed guidelines. (e) Interim Period.--During the period beginning on the date of enactment of this Act and ending on the date on which guidance, regulations, or guidelines are updated or issued under subsection (d), the Secretary shall process credit under section 104 of the Water Resources Development Act of 1986 (33 U.S.C. 2214), upon request of a non-Federal interest, if-- (1) the applicable non-Federal work meets the requirements for credit under section 104; and (2) the applicable non-Federal work does not meet the requirements for credit under existing guidelines for section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b). (f) Availability of Credit.--Credit for in-kind contributions authorized under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) or section 104 of the Water Resources Development Act of 1986 (33 U.S.C. 2214) shall be available for work performed by a non-Federal interest on any separable element of a project following the identification by the Secretary of project alternatives as part of a feasibility study or a general or limited reevaluation report. (g) Other Credit.--Nothing in section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by subsection (a)) affects any eligibility for credit under section 104 of the Water Resources Development of 1986 (33 U.S.C. 2214) that was approved by the Secretary prior to the date of enactment of this Act.", "summary": "Flood Control Credit Act of 2013 - Authorizes the Secretary of the Army to apply credit for in-kind contributions by a non-federal interest that exceed the required non-federal cost-share for a water resources study or project, including credit for in-kind contributions provided to accelerate completion of such a study or project, toward the required non-federal cost-share for a different water resources study or project. Allows credit in excess of non-federal cost-share for a study or project to be approved only if: (1) the non-federal interest submits a comprehensive plan to the Secretary that identifies the studies and projects for which it intends to provide in-kind contributions for credit that is in excess of the non-federal cost share for the study or project and the studies and projects to which that excess credit would be applied, (2) the Secretary approves such plan, and (3) the total amount of credit does not exceed the total non-federal cost-share for the studies and projects in the approved plan. Directs the Secretary to consider whether applying such credit will: (1) help to expedite the completion of a project or group of projects, (2) reduce federal government costs, and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. Amends the Flood Control Act of 1970 to: allow a partnership agreement for the construction of a water resources project to require the Secretary to credit the value of in-kind contributions made by the non-federal interest toward the non-federal share of the cost of a project under an environmental infrastructure assistance program; require the Secretary and the non-federal interest, in any case in which the non-federal interest is to receive credit for the cost of construction it carried out before execution of a partnership agreement and such construction has not been carried out as of the date of enactment of this Act, to enter into an agreement under which the non-federal interest shall carry out such work prior to initiating construction or issuing a written notice to proceed for the construction; provide that construction that is carried out after the execution of such an agreement, and any design activities that are required for that construction, shall be eligible for credit; allow credit for in-kind contributions provided by a non-federal interest that are in excess of the non-federal cost share for an authorized separable element of a project to be applied toward the non-federal cost share for a different authorized separable element of the same project or toward another authorized project, within the same watershed, for which the non-federal interest has a cost share responsibility; and require the Secretary, to the extent that credit for in-kind contributions and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-federal interest exceed the non-federal share of the cost of construction of a project other than a navigation project, to reimburse the difference to the non-federal interest. Requires credit for in-kind contributions authorized for a water resources project under the Flood Control Act of 1970 or a flood control project under the Water Resources Development Act of 1986 to be available for work performed by a non-federal interest on any separable element of a project following the identification by the Secretary of project alternatives as part of a feasibility study or a general or limited reevaluation report."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Relief for Long-Term Care Act of 2008''. SEC. 2. CREDIT FOR LONG-TERM CARE INSURANCE PREMIUMS AND FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR LONG-TERM CARE INSURANCE PREMIUMS AND FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(A) eligible long-term care premiums (as defined in section 213(d)(10)) paid during the taxable year for coverage for the taxpayer and the taxpayer's spouse and dependents under a qualified long-term care insurance contract (as defined in section 7702B(b)); and ``(B) the long-term care amount multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. ``(2) Long-term care amount.--For purposes of paragraph (1), the long-term care amount shall be determined in accordance with the following table: ``For taxable years The long-term beginning in calender year-- care amount is-- 2009............................................... $1,000 2010............................................... $1,500 2011............................................... $2,000 2012............................................... $2,500 2013 or thereafter................................. $3,000. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $150,000 in the case of a joint return, and ``(B) $75,000 in any other case. ``(3) Coordination.--For purposes of this section, the reduction under paragraph (1) shall be treated as first being a reduction in the long-term care amount to the extent thereof. ``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2009, each dollar amount contained in paragraph (2) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `August 2008' for `August 1996' in subclause (II) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable individual.-- ``(A) In general.--The term `applicable individual' means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. Notwithstanding the preceding sentence, a certification shall not be treated as valid unless it is made within the 39\\1/2\\ month period ending on such due date (or such other period as the Secretary prescribes). ``(B) Individuals with long-term care needs.--An individual is described in this subparagraph if the individual meets any of the following requirements: ``(i) The individual is at least 6 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to preform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(ii) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(iii) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(2) Eligible caregiver.-- ``(A) In general.--A taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: ``(i) The taxpayer. ``(ii) The taxpayer's spouse. ``(iii) An individual with respect to whom the taxpayer is allowed a deduction under section 151(c) for the taxable year. ``(iv) An individual who would be described in clause (iii) for the taxable year if the requirements of subparagraph (B) are met with respect to the individual in lieu of the support test under subsection (c)(1)(D) or (d)(1)(C) of section 152. ``(B) Residency test.--The requirements of this subparagraph are met if an individual has as his principal place of abode the home of the taxpayer and-- ``(i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer's spouse, is a member of the taxpayer's household for over half the taxable year, or ``(ii) in the case of any other individual, is a member of the taxpayer's household for the entire taxable year. ``(C) Special rules where more than 1 eligible caregiver.-- ``(i) In general.--If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. ``(ii) No agreement.--If each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest adjusted gross income shall be treated as the eligible caregiver. ``(iii) Married individuals filing separately.--In the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)). ``(d) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of tax for the taxable year. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. ``(f) Coordination With Other Deductions.--Any amount paid by a taxpayer for any qualified long-term care insurance contract to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a).''. (b) Conforming Amendments.-- (1) Section 6213(g)(2) of such Code is amended by striking ``and'' at the end of subparagraph (L), by striking the period at the end of subparagraph (M) and inserting ``, and'', and by inserting after subparagraph (M) the following new subparagraph: ``(N) an omission of a correct TIN or physician identification required under section 25E(d) (relating to credit for taxpayers with long-term care needs) to be included on a return.''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for long-term care insurance premiums and for taxpayers with long-term care needs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.", "summary": "Tax Relief for Long-Term Care Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for long-term care insurance premiums and for care provided by a caregiver to a family member or dependent with long-term care needs who resides with such caregiver. Phases in a maximum credit amount of $3,000 between 2009 and 2013. Reduces such credit amount for a taxpayer whose adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``SCORE for Small Business Act of 2012''. SEC. 2. SCORE REAUTHORIZATION. (a) In General.--Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) by redesignating subsection (j) as subsection (f); and (2) by adding at the end the following: ``(g) SCORE Program.--There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed-- ``(1) $13,000,000 in fiscal year 2013; ``(2) $15,000,000 in fiscal year 2014; and ``(3) $17,000,000 in fiscal year 2015.''. SEC. 3. SCORE PROGRAM. Section 8 of the Small Business Act (15 U.S.C. 637) is amended-- (1) in subsection (b)(1)(B), by striking `` a Service Corps of Retired Executives (SCORE)'' and inserting ``the SCORE program described in subsection (c)''; and (2) by striking subsection (c) and inserting the following: ``(c) SCORE Program.-- ``(1) Definition.--In this subsection, the term `SCORE program' means the SCORE program authorized by subsection (b)(1)(B). ``(2) Volunteers.-- ``(A) In general.--A volunteer participating in the SCORE program shall-- ``(i) based on the business experience and knowledge of the volunteer-- ``(I) provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and ``(II) facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns; and ``(ii) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. ``(B) Orientation.--The Administrator, in consultation with the SCORE Association, shall ensure that each volunteer participating in the SCORE program is adequately oriented and trained in the areas and disciplines necessary to ensure successful, outcome- oriented client interactions relating to the services provided by the SCORE program. ``(3) Plans and goals.-- ``(A) Outreach.--The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program develop and implement plans and goals for outreach to individuals in rural, ethnically diverse, minority, and underserved communities, including a plan to recruit more diverse counselors. ``(B) Service.--The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program develop and implement plans and goals to more effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program. ``(4) Annual report.--The SCORE Association shall submit to the Administrator an annual report that contains-- ``(A) the number of individuals counseled or trained under the SCORE program; ``(B) the number of hours of counseling provided under the SCORE program; and ``(C) to the extent possible-- ``(i) the number of small business concerns formed with assistance from the SCORE program; ``(ii) the number of small business concerns expanded with assistance from the SCORE program; and ``(iii) the number of jobs created with assistance from the SCORE program. ``(5) Privacy requirements.-- ``(A) In general.--Neither the Administrator nor the SCORE Association may disclose the name, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of such individual or small business concern, unless-- ``(i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or ``(ii) the Administrator determines such a disclosure to be necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. ``(B) Administrator use of information.--This subsection shall not-- ``(i) restrict the access of the Administrator to program activity data; or ``(ii) prevent the Administrator from using client information to conduct client surveys. ``(C) Regulations.-- ``(i) In general.--The Administrator shall issue regulations to establish standards for-- ``(I) disclosures with respect to financial audits under paragraph (1)(B); and ``(II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. ``(ii) Maximum privacy protection.--The regulations issued under this paragraph shall, to the extent practicable, provide for the maximum amount of privacy protection. ``(iii) Inspector general.--Until the effective date of the regulations issued under this paragraph, any client survey and the use of any client information shall be approved by the Inspector General of the Administration, who shall include any such approval in the semi-annual report of the Inspector General.''. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 636(m)(3)(A)(i)(VIII)), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (2) in section 33(b)(2) (15 U.S.C. 657c(b)(2)), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''. (b) Other Laws.--Section 621 of the Children's Health Insurance Program Reauthorization Act of 2009 (15 U.S.C. 657p) is amended-- (1) in subsection (a), by striking paragraph (4) and inserting the following: ``(4) the term `SCORE program' means the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B));''; and (2) in subsection (b)(4)(A)(iv), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''.", "summary": "SCORE for Small Business Act of 2012 - Amends the Small Business Act to reauthorize for FY2013-FY2015 the SCORE program (the Service Corps of Retired Executives, which provides free mentoring and related services to small businesses). Requires the Administrator of the Small Business Administration (SBA) to ensure that SCORE volunteers are adequately oriented and trained in areas and disciplines necessary to ensure successful, outcome-oriented interactions relating to services provided by the SCORE program. Directs the Administrator to ensure that the SCORE program and each SCORE chapter develop and implement plans and goals: (1) for outreach to individuals in rural, ethnically diverse, minority, and underserved communities; and (2) to more effectively and efficiently provide services to individuals in such communities. Requires the SCORE Association to report annually to the Administrator on SCORE counseling and training, as well as on the number of small businesses created or expanded with SCORE assistance. Outlines privacy requirements of the Administrator and the SCORE Association with respect to the disclosure of information concerning businesses assisted under the SCORE program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Air Marshals and Safe Sky Act of 2001''. SEC. 2. PROGRAM ESTABLISHED. (a) In General.--Chapter 37 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 570. Federal air marshals program ``(a) Definitions.--In this section: ``(1) Aircraft.--The term `aircraft' has the meaning given that term in section 40102 of title 49. ``(2) Air transportation.--The term `air transportation' has the meaning given that term in section 40102 of title 49. ``(3) Program.--The term `program' means the program established under subsection (c). ``(4) Units of local government.--The term `units of local government' includes an airport authority. ``(b) Responsibility for Airport and Aircraft Safety.--This section shall govern the security at airports and on board commercial aircraft. ``(c) Federal Air Marshals Program.-- ``(1) Goal.--The goal of the program is to provide maximum security at airports and on board commercial aircraft by having the Federal Government be responsible for all phases of security for air passengers. ``(2) Establishment of federal air marshals program.-- ``(A) Establishment.--The Attorney General shall establish a Federal Air Marshals program consisting of Federal Air Marshals, including the Federal Air Marshals participating in the Federal Air Marshals Program being administered by the Federal Aviation Administration before the effective date of this section, and Deputy Federal Air Marshals in order to provide maximum security at airports and on board commercial aircraft. ``(B) Federal air marshals.--Federal Air Marshals shall serve for the purpose of enforcing Federal laws that regulate security at airports and on board commercial aircraft, including laws relating to acts of terrorism, hijacking, or aircraft piracy and laws relating to violent, abusive, or disruptive behavior by passengers in air transportation. ``(C) Deputy federal air marshals.-- ``(i) In general.--The Attorney General shall deputize individuals described in clause (ii) as Deputy Federal Air Marshals for the purpose of augmenting and assisting Federal Air Marshals. ``(ii) Personnel.--The Attorney General shall utilize retired military personnel, retired Federal, State, and local law enforcement personnel, and active-duty Federal, State, and local law enforcement personnel from other government departments and agencies as Deputy Federal Air Marshals. ``(iii) Compensation.--The Attorney General may employ personnel described in clause (ii)-- ``(I) as volunteers; ``(II) by paying a reasonable per diem; ``(III) by employing a fee-for- service or contract arrangement; or ``(IV) using any other method authorized by law. ``(3) Consultation.--In establishing the program, the Attorney General shall consult with appropriate officials of-- ``(A) the United States Government (including the Administrator of the Federal Aviation Administration or his designated representative); and ``(B) State and local governments in any geographic area in which the program may operate. ``(4) Certification, training and examination of air marshals; prior approval of employer to serve as deputy air marshal.-- ``(A) In general.--Under the program, the Attorney General shall provide appropriate training and supervision of all air marshals, as well as appropriate background and fitness examination of eligible candidates as part of their certification. ``(B) Employer approval.--Active Federal, State, or local law enforcement officers who serve as Deputy Federal Air Marshals shall receive approval to participate in the program from their employer. ``(d) Powers and Status of Federal Air Marshals and Deputy Air Marshals.-- ``(1) In general.--Subject to paragraph (2), Federal Air Marshals and Deputy Federal Air Marshals may arrest and apprehend an individual suspected of violating any Federal law relating to security at airports or on board aircraft, including any individual who violates a provision subject to a civil penalty under section 46301, 46302, 46303, 46314, 46318, 46502, 46504, 46505, or 46507 of title 49, or who commits an act described in section 46506 of title 49, or who violates a provision subject to a criminal penalty under sections 32 and 37 of title 18. ``(2) Limitation.--The powers granted to a Deputy Federal Air Marshal shall be limited to enforcing Federal laws relating to security at airports or on board aircraft. ``(e) Statutory Construction.--Nothing in this section may be construed to-- ``(1) grant any Federal Air Marshal or Deputy Federal Air Marshal the power to enforce any Federal law that is not described in subsection (d); or ``(2) limit the authority that a Federal, State, or local law enforcement officer may otherwise exercise in the officer's capacity under any other applicable law. ``(f) Regulations.--The Attorney General shall promulgate such regulations as may be necessary to carry out this section. ``(g) Cost Sharing.--The costs of the program shall be paid by-- ``(1) the airlines in an amount not less than the amount (as adjusted for inflation after the effective date of this section) the airlines were paying for airport security on the date before the effective date of this section; ``(2) State and units of local government in an amount not less than the amount (as adjusted for inflation after the effective date of this section) the States and units of local government were paying for airport security on the date before the effective date of this section; and ``(3) the Federal Government. ``(h) Authorization of Appropriations.-- ``(1) In general.--Subject to paragraph (2), there are authorized to be appropriated to carry out this section such sums as may be necessary. ``(2) Limitation.--The Federal share of carrying out this section shall be limited to the cost of the program after payments by airlines and States and units of local government pursuant to subsection (g).''. SEC. 3. REPEAL. Section 44903 of title 49, United States Code, is repealed. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 90 days after the date of enactment of this Act.", "summary": "Federal Air Marshals and Safe Sky Act of 2001 - Amends Federal law to require the Attorney General to establish a Federal Air Marshals program consisting of Federal Air Marshals (including those participating in the Federal Aviation Administration's Federal Air Marshals Program) and Deputy Federal Air Marshals to provide maximum security at airports and on board commercial aircraft by enforcing Federal laws related to acts of terrorism, hijacking, or aircraft piracy and laws relating to violent, abusive, or disruptive behavior by passengers in air transportation. Requires the Attorney General to provide appropriate training and supervision of all air marshals, as well as appropriate background and fitness examination of eligible candidates as part of their certification. Requires the cost of such program to be shared by the airlines, State and local governments, and the Federal Government."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Exempt Organization Simplification and Taxpayer Protection Act of 2013''. SEC. 2. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF INTENT TO OPERATE AS 501(C)(4). (a) In General.--Part I of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 506. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF INTENT TO OPERATE AS 501(C)(4). ``(a) In General.--An organization described in section 501(c)(4) shall, not later than 60 days after the organization is established, notify the Secretary (in such manner as the Secretary shall by regulation prescribe) that it is operating as such. ``(b) Contents of Notice.--The notice required under subsection (a) shall include the following information: ``(1) The name, address, and taxpayer identification number of the organization. ``(2) The date on which, and the State under the laws of which, the organization was organized. ``(3) A statement of the purpose of the organization. ``(c) Acknowledgment of Receipt.--Not later than 60 days after receipt of such a notice, the Secretary shall send to the organization an acknowledgment of such receipt. ``(d) Extension for Reasonable Cause.--The Secretary may, for reasonable cause, extend the 60-day period described in subsection (a). ``(e) User Fee.--The Secretary shall impose a reasonable user fee for submission of the notice under subsection (a). ``(f) Request for Determination.--Upon request by an organization to be treated as an organization described in section 501(c)(4), the Secretary may issue a determination with respect to such treatment. Such request shall be treated for purposes of section 6104 as an application for exemption from taxation under section 501(a).''. (b) Supporting Information With First Return.--Paragraph (1) of section 6033(f) of such Code is amended-- (1) by striking the period at the end and inserting ``, and'', (2) by striking ``include on the return required under subsection (a) the information'' and inserting the following: ``include on the return required under subsection (a)-- ``(1) the information'', and (3) by adding at the end the following new paragraph: ``(2) in the case of the first such return filed by such an organization after submitting a notice to the Secretary under section 506(a), such information as the Secretary shall by regulation require in support of the organization's treatment as an organization described in section 501(c)(4).''. (c) Failure To File Initial Notification.--Subsection (c) of section 6652 of such Code is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Notices under section 506.-- ``(A) Penalty on organization.--In the case of a failure to submit a notice required under section 506(a) (relating to organizations required to notify Secretary of intent to operate as 501(c)(4)) on the date and in the manner prescribed therefor, there shall be paid by the organization failing to so submit $20 for each day during which such failure continues, but the total amount imposed under this subparagraph on any organization for failure to submit any one notice shall not exceed $5,000. ``(B) Managers.--The Secretary may make written demand on an organization subject to penalty under subparagraph (A) specifying in such demand a reasonable future date by which the notice shall be submitted for purposes of this subparagraph. If such notice is not submitted on or before such date, there shall be paid by the person failing to so submit $20 for each day after the expiration of the time specified in the written demand during which such failure continues, but the total amount imposed under this subparagraph on all persons for failure to submit any one notice shall not exceed $5,000.''. (d) Clerical Amendment.--The table of sections for part I of subchapter F of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 506. Organizations required to notify Secretary of intent to operate as 501(c)(4).''. (e) Effective Date.-- (1) In general.--The amendments made by this section shall apply to organizations which are described in section 501(c)(4) of the Internal Revenue Code of 1986 and organized after December 31, 2014. (2) Certain existing organizations.--In the case of any other organization described in section 501(c)(4) of such Code, the amendments made by this section shall apply to such organization only if, on or before the date of the enactment of this Act-- (A) such organization has not applied for a written determination of recognition as an organization described in section 501(c)(4) of such Code, and (B) such organization has not filed at least one annual return or notice required under subsection (a)(1) or (i) (as the case may be) of section 6033 of such Code. In the case of any organization to which the amendments made by this section apply by reason of the preceding sentence, such organization shall submit the notice required by section 506(a) of such Code, as added by this Act, not later than 180 days after the date of the enactment of this Act. SEC. 3. DECLARATORY JUDGMENTS FOR 501(C)(4) ORGANIZATIONS. (a) In General.--Paragraph (1) of section 7428(a) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C) and by inserting after subparagraph (D) the following new subparagraph: ``(E) with respect to the initial classification or continuing classification of an organization described in section 501(c)(4) which is exempt from tax under section 501(a), or''. (b) Effective Date.--The amendments made by this section shall apply to pleadings filed after the date of the enactment of this Act. SEC. 4. RELEASE OF INFORMATION REGARDING THE STATUS OF CERTAIN INVESTIGATIONS. (a) In General.--Subsection (e) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(11) Disclosure of information regarding status of investigation of violation of this section.--In the case of a person who provides to the Secretary information indicating a violation of section 7213, 7213A, or 7214 with respect to any return or return information of such person, the Secretary may disclose to such person (or such person's designee)-- ``(A) whether an investigation based on the person's provision of such information has been initiated and whether it is open or closed, ``(B) whether any such investigation substantiated such a violation by any individual, and ``(C) whether any action has been taken with respect to such individual (including whether a referral has been made for prosecution of such individual).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 5. REVIEW OF INTERNAL REVENUE SERVICE EXAMINATION SELECTION PROCEDURES. (a) In General.--The Comptroller General of the United States shall conduct a study of each Internal Revenue Service operating division to assess the process used for determining how enforcement cases are selected and processed. Such study shall include a review of the following: (1) The standards each such operating division has established for enforcement case selection (including any automated or discretionary selection processes) and case work, and whether such standards meet the objectives of impartiality, objectivity, compliance, and minimizing taxpayer burden. (2) The extent to which any cases are initiated by referrals or complaints from inside or outside of the operating division (including from outside of the Internal Revenue Service). (3) The Internal Revenue Service controls (including management reviews and regular updates) for assuring that its standards for enforcement cases (and handling of referrals and complaints) in each operating division are sufficient for achieving the objectives described in paragraph (1). (4) The Internal Revenue Service controls (including training, monitoring, and quality assessments) for assuring that its standards are adhered to by all division personnel and the effectiveness of such controls. (5) Whether the existing standards and controls provide reasonable assurance that each division's enforcement processes meet the Internal Revenue Service objectives of impartiality, objectivity, compliance, and minimizing taxpayer burden. (b) Initial Report.--Not later than 1 year after the date of the enactment of this section, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Secretary of the Treasury a report on the results of such study. Such report shall include such recommendations as the Comptroller General may deem advisable. (c) Follow-Up on Recommendations.--Not later than 180 days after a report is submitted with respect to an operating division under subsection (b), the Comptroller General shall conduct a follow-up study, and submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Secretary of the Treasury a report, on whether any recommendations to improve case selection and case work processes have been implemented and are working as intended. (d) Continuing Case Management Studies and Reports.-- (1) In general.--After a report is submitted under subsection (b), the Comptroller General shall conduct follow-up studies and reports in the same manner as provided in subsections (a) and (b) with respect to each operating division of the Internal Revenue Service and shall include in such study and report a review of whether any previous recommendations to improve case selection and case work processes have been implemented and are working as intended. (2) Frequency.--Each such report with respect to an operating division shall be submitted not later than 4 years after the date the most recent report was submitted with respect to such operating division under subsection (b) or this subsection. The Comptroller General shall submit no fewer than 1 such report each year. SEC. 6. IRS EMPLOYEES PROHIBITED FROM USING PERSONAL EMAIL ACCOUNTS FOR OFFICIAL BUSINESS. No officer or employee of the Internal Revenue Service may use a personal email account to conduct any official business of the Government.", "summary": "Exempt Organization Simplification and Taxpayer Protection Act of 2013 - Amends the Internal Revenue Code to: (1) require an organization that intends to operate as a tax-exempt social welfare organization to notify the Secretary of the Treasury of such intent with information as to its identity and purpose, (2) allow such an organization to seek a declaratory judgment concerning its status and classification as a tax-exempt organization, and (3) authorize the Secretary to disclose information for investigations of violations of internal revenue laws relating to unauthorized disclosure or inspection of tax information and unlawful acts of revenue officers or agents. Directs the Comptroller General (GAO) to study and report on the process used for determining how Internal Revenue Service (IRS) enforcement cases are selected and processed. Prohibits any IRS officer or employee from using a personal email account to conduct official business."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Eating Disorders Awareness, Prevention, and Education Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) An estimated 5,000,000 to 10,000,000 women and girls and 1,000,000 men and boys suffer from eating disorders, including anorexia nervosa, bulimia nervosa, and binge eating disorder, as well as eating disorders that are not otherwise defined. (2) Anorexia Nervosa is an eating disorder characterized by self-starvation and excessive weight loss. (3) An estimated .5 to 3.7 percent of American women will suffer from anorexia nervosa in their lifetime. (4) Anorexia Nervosa is associated with serious health consequences including heart failure, kidney failure, osteoporosis, and death. (5) Anorexia Nervosa has the highest mortality rate of all psychiatric disorders. A young woman is 12 times more likely to die than other women her age without Anorexia. (6) Bulimia Nervosa is an eating disorder characterized by excessive food consumption followed by inappropriate compensatory behaviors, such as self-induced vomiting, misuse of laxatives, fasting, or excessive exercise. (7) Bulimia Nervosa is common: an estimated 1.1 to 4.2 percent of American women will suffer from this disorder in their lifetime. (8) Bulimia Nervosa is associated with cardiac, gastrointestinal, and dental problems including irregular heartbeats, gastric rupture, peptic ulcer, and tooth decay. (9) Binge Eating Disorder is characterized by frequent episodes of uncontrolled overeating. (10) Binge Eating Disorder is common: an estimated 2 to 5 percent of Americans experience this disorder in a 6-month period. (11) Binge Eating is associated with obesity, heart disease, gall bladder disease, and diabetes. (12) Eating disorders usually appear in adolescence and are associated with substantial psychological problems, including depression, substance abuse, and suicide. (13) Forty-two percent of 1st through 3d grade girls want to be thinner, and 81 percent of 10-year-old children are afraid of being fat. (14) Thirty-five percent of dieters progress to pathological dieting, and 20 to 25 percent of these individuals progress to partial or full syndrome eating disorders. (15) Eating disorders can lead to death. According to the National Institute of Mental Health, 1 in 10 people with anorexia nervosa will die of starvation, cardiac arrest, or other medical complications. (16) Eating disorders can have a negative impact on the educational advancement of a student, a situation often overlooked and rarely addressed in our Nation's schools. (17) Educational efforts to prevent eating disorders are of primary importance to the health, well being and academic success of our Nation's students. (18) Females are much more likely than males to develop an eating disorder. An estimated 5 to 15 percent of people with anorexia or bulimia and an estimated 35 percent of people with binge-eating disorder are male. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To provide States, local school districts, and parents with the means and flexibility to improve awareness of, identify, and help students with eating disorders. (2) To help ensure that such individuals receive a quality education and secure their chance for a bright future. SEC. 4. INNOVATIVE ASSISTANCE FOR THE IDENTIFICATION OF, TRAINING ON, AND EDUCATIONAL AWARENESS OF EATING DISORDERS. Section 5131(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7215(a)) is amended by adding at the end the following: ``(28) Programs to improve the identification of students with eating disorders, increase awareness of such disorders among parents and students, and train educators (such as teachers, school nurses, school social workers, coaches, school counselors, and administrators) on effective eating disorder prevention and assistance methods.''. SEC. 5. PUBLIC SERVICE ANNOUNCEMENTS. The Secretary of Education, in consultation with the Secretary of Health and Human Services and the National Institutes of Health, shall carry out a program to develop, distribute, and promote the broadcasting of public service announcements to improve public awareness, and to promote the identification and prevention, of eating disorders. SEC. 6. EATING DISORDER RESEARCH AND REPORT. Not later than 18 months after the enactment of this Act, the National Center for Education Statistics and the National Center for Health Statistics shall conduct a study on the impact eating disorders have on educational advancement and achievement. The study shall-- (1) determine the prevalence of eating disorders among students and the morbidity and mortality rates associated with eating disorders; (2) evaluate the extent to which students with eating disorders are more likely to miss school, have delayed rates of development, or have reduced cognitive skills; (3) report on current State and local programs to educate youth about the dangers of eating disorders, as well as evaluate the value of such programs; and (4) make recommendations on measures that could be undertaken by Congress, the Department of Education, States, and local educational agencies to strengthen eating disorder prevention and awareness programs.", "summary": "Eating Disorders Awareness, Prevention, and Education Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to authorize the use of innovative assistance funds for programs to: (1) improve identification of students with eating disorders; (2) increase awareness of such disorders among parents and students; and (3) train educators with respect to effective eating disorder prevention and assistance methods.Directs the Secretary of Education to carry out a program to broadcast public service announcements to improve public awareness, and to promote the identification and prevention, of eating disorders.Requires the National Center for Education Statistics and the National Center for Health Statistics to: (1) study the impact eating disorders have on educational advancement and achievement; (2) report on current State and local programs to educate youth on the dangers of eating disorders; and (3) recommend Federal, State, and local measures that could be undertaken."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Protection and Infrastructure Act of 1998''. SEC. 2. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE UNITED STATES BORDER. (a) In General.--Chapter 27 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 554. Violence while eluding inspection or during violation of arrival, reporting, entry, or clearance requirements ``(a) Whoever attempts to commit or commits a crime of violence during and in relation to-- ``(1) attempting to elude or eluding customs, immigration, or agriculture inspection or failing to stop at the command of an officer of customs, immigration, or animal and plant and health inspection services; or ``(2) an intentional violation of arrival, reporting, entry, or clearance requirements, as set forth in a provision of law listed in subsection (c); shall be fined under this title or imprisoned for not more than 5 years, or both, except that if bodily injury (as defined in section 1365(g) of this title) results, the maximum term of imprisonment is 10 years, and if death results, the offender may be imprisoned for any term of years or for life, and may be sentenced to death. ``(b) If 2 or more persons conspire to commit an offense under subsection (a), and 1 or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the sentence of death may not be imposed. ``(c) The provisions of law referred to in subsection (a) are-- ``(1) section 107 of the Federal Plant Pest Act (7 U.S.C. 150ff); ``(2) section 7 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2806); ``(3) section 431, 433, 434, or 459 of the Tariff Act of 1930 (19 U.S.C. 1431, 1433, 1434, 1459); ``(4) section 6 of the Act of August 30, 1890 (21 U.S.C. 105; Chapter 839, 26 Stat. 416); ``(5) section 2 of the Act of February 2, 1903 (21 U.S.C. 111; Chapter 349, 32 Stat. 791); ``(6) section 231, 232, 234, 235, 236, 237, or 238 of the Immigration and Nationality Act (8 U.S.C. 1221, 1222, 1224, 1225, 1226, 1227, 1228); or ``(7) section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91), section 111 of title 21, United States Code.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 27 of title 18, United States Code, is amended by inserting at the end the following new item: ``554. Violence while eluding inspection or during violation of arrival, reporting, entry, or clearance requirements.''. SEC. 3. INCREASED PENALTY FOR FALSE STATEMENT OFFENSE. Section 542 of title 18, United States Code, is amended by striking ``two years'' and inserting ``5 years''. SEC. 4. SANCTIONS FOR FAILURE TO LAND OR HEAVE TO, OBSTRUCTING A LAWFUL BOARDING, AND PROVIDING FALSE INFORMATION. (a) In General.--Chapter 109 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2237. Sanctions for failure to heave to; sanctions for obstruction of boarding and providing false information ``(a)(1) It shall be unlawful for the master, operator, or person in charge of a vessel of the United States or a vessel subject to the jurisdiction of the United States, to fail to obey an order to heave to that vessel on being ordered to do so by an authorized Federal law enforcement officer. ``(2) It shall be unlawful for any person on board a vessel of the United States or a vessel subject to the jurisdiction of the United States knowingly or willfully to-- ``(A) fail to comply with an order of an authorized Federal law enforcement officer in connection with the boarding of the vessel; ``(B) impede or obstruct a boarding or arrest, or other law enforcement action authorized by any Federal law; or ``(C) provide false information to a Federal law enforcement officer during a boarding of a vessel regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew. ``(3)(A) It shall be unlawful for the pilot, operator, or person in charge of an aircraft which has crossed the border of the United States, or an aircraft subject to the jurisdiction of the United States operating outside the United States, to knowingly fail to obey an order to land by an authorized Federal law enforcement officer who is enforcing the laws of the United States relating to controlled substances, as that term is defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), or relating to money laundering (sections 1956-57 of this title). ``(B) The Administrator of the Federal Aviation Administration, in consultation with the Commissioner of Customs and the Attorney General, shall prescribe regulations governing the means by, and circumstances under which a Federal law enforcement officer may communicate an order to land to a pilot, operator, or person in charge of an aircraft. Such regulations shall ensure that any such order is clearly communicated in accordance with applicable international standards. Further, such regulations shall establish guidelines based on observed conduct, prior information, or other circumstances for determining when an officer may use the authority granted under subparagraph (A). ``(b) This section does not limit in any way the preexisting authority of a customs officer under section 581 of the Tariff Act of 1930 or any other provision of law enforced or administered by the Customs Service, or the preexisting authority of any Federal law enforcement officer under any law of the United States to order an aircraft to land or a vessel to heave to. ``(c) A foreign nation may consent or waive objection to the enforcement of United States law by the United States under this section by international agreement or, on a case-by-case basis, by radio, telephone, or similar oral or electronic means. Consent or waiver may be proven by certification of the Secretary of State or the Secretary's designee. ``(d) For purposes of this section-- ``(1) the terms `vessel of the United States' and `vessel subject to the jurisdiction of the United States' have the meanings set forth for these terms, respectively, in the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903); ``(2) the term `heave to' means to cause a vessel to slow or come to a stop to facilitate a law enforcement boarding by adjusting the course and speed of the vessel to account for the weather conditions and sea state; ``(3) an aircraft `subject to the jurisdiction of the United States' includes-- ``(A) an aircraft located over the United States or the customs waters of the United States; ``(B) an aircraft located in the airspace of a foreign nation, where that nation consents to the enforcement of United States law by the United States; and ``(C) over the high seas, an aircraft without nationality, an aircraft of United States registry, or an aircraft registered in a foreign nation that has consented or waived objection to the enforcement of United States law by the United States; ``(4) an aircraft `without nationality' includes-- ``(A) an aircraft aboard which the pilot, operator, or person in charge makes a claim of registry, which claim is denied by the nation whose registry is claimed; and ``(B) an aircraft aboard which the pilot, operator, or person in charge fails, upon request of an officer of the United States empowered to enforce applicable provisions of United States law, to make a claim of registry for that aircraft; and ``(5) the term `Federal law enforcement officer' has the meaning set forth in section 115 of this title. ``(e) Whoever intentionally violates this section shall be fined under this title or imprisoned for not more than 5 years, or both. ``(f) An aircraft or vessel that is used in violation of this section may be seized and forfeited to the United States. The laws relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims, shall apply to seizures and forfeitures undertaken, or alleged to have been undertaken, under any of the provisions of this section; except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or other persons as may be authorized or designated for that purpose. An aircraft or vessel that is used in violation of this section is also liable in rem for any fine imposed under this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 109 of title 18, United States Code, is amended by adding at the end the following new item: ``2237. Sanctions for failure to heave to; sanctions for obstruction of boarding or providing false information.''. SEC. 5. CIVIL PENALTIES TO SUPPORT MARITIME LAW ENFORCEMENT. (a) In General.--Chapter 17 of title 14, United States Code, is amended by adding at the end the following new section: ``Sec. 676. Civil penalty for failure to comply with vessel boarding ``(a) Any person that engages in conduct that violates section 2237(a) (1) or (2) of title 18, United States Code, shall be liable to the United States Government-- ``(1) for a civil penalty of not more than $25,000, in the case of an intentional violation; or ``(2) for a civil penalty of not more than $15,000, in the case of any other violation. ``(b) A vessel used to engage in conduct for which a penalty is imposed under subsection (a) is liable in rem for that penalty and may be seized, forfeited, and sold in accordance with customs laws.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 14, United States Code, is amended by adding at the end the following new item: ``676. Civil penalty for failure to comply with vessel boarding.''. SEC. 6. INCREASED NUMBER OF BORDER PATROL AGENTS. Section 101(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-553) is amended to read as follows: ``(a) Increased Number of Border Patrol Agents.--The Attorney General shall increase the number of positions for full-time, active- duty border patrol agents within the Immigration and Naturalization Service to achieve a level of 20,000 positions by fiscal year 2003.''. SEC. 7. BORDER PATROL PURSUIT POLICY. Within ten miles of the international border of the United States, a border patrol agent of the United States Border Patrol may not cease pursuit of an alien who the agent suspects has unlawfully entered the United States, or an individual who the agent suspects has unlawfully imported a narcotic into the United States, until State or local law enforcement authorities are in pursuit of the alien or individual and have the alien or individual in their visual range. SEC. 8. AUTHORIZATION FOR BORDER PATROL TO INTERDICT THE IMPORTATION OF NARCOTICS. The United States Border Patrol within the Department of Justice shall have as one of it functions the prevention of unlawful importation of narcotics into the United States and confiscation of such narcotics. SEC. 9. CONSTRUCTION OF BARRIERS AND ROADS TO DETER DRUG TRAFFICKING. (a) In General.--(1) The Attorney General, in consultation with the Commissioner of Immigration and Naturalization, may take such actions as necessary (including the removal of obstacles to the detection of illegal entrants into the United States) to install multilayered barriers and roads in the vicinity of the United States border for the purpose of deterring drug trafficking in areas of high drug trafficking into the United States. In determining the locations for such multilayered barriers and roads, the Attorney General shall consider, but not limit consideration to, the following sites: (A) The San Diego-Tijuana corridor. (B) The Calexico-Mexicali corridor. (C) The Yuma-San Luis corridor. (D) The Douglas-Nogales corridor. (E) The El Paso-Juarez corridor. (F) The Presidio-Ojinaga corridor. (G) The Del Rio-Acuna corridor. (H) The Eagle Pass-Piedras Negras corridor. (I) The Laredo-Nueva Laredo corridor. (J) The Rio Grand City-Roma corridor. (K) The McAllen corridor. (L) The Brownsville-Matamoras corridor. (2) The Attorney General, acting under the authority contained in section 103(b) of the Immigration and Nationality Act, shall promptly acquire such easements as may be necessary to carry out this section and shall commence construction of multilayered barriers and roads immediately following such acquisition (or conclusion of portions thereof). (3) The Attorney General, while constructing multilayered barriers and roads under this section, shall incorporate such safety features into the design of the multilayered barriers and roads as are necessary to ensure the well being of border patrol agents deployed within, or in near proximity to, the system. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.", "summary": "Border Protection and Infrastructure Act of 1998 - Amends the Federal criminal code to prohibit and set penalties for committing (or attempting to commit) a crime of violence during and in relation to: (1) eluding customs, immigration, or agriculture inspection or failing to stop at the command of an officer of customs, immigration, or animal and plant and health inspection services; or (2) an intentional violation of specified arrival, reporting, entry, or clearance requirements (provides for imposition of a death sentence if death results). Specifies that if two or more persons conspire to commit such an offense, and one or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the death sentence may not be imposed. (Sec. 3) Increases the penalty for entry of goods by means of false statements. (Sec. 4) Prohibits the master, operator, or person in charge of a vessel of, or subject to the jurisdiction of, the United States from failing to obey an order to heave to that vessel upon being ordered to do so by an authorized Federal law enforcement officer. Prohibits any person on board from knowingly or willfully: (1) failing to comply with an order of such an officer in connection with the boarding of the vessel; (2) impeding or obstructing a boarding, arrest, or other law enforcement action authorized by Federal law; or (3) providing false information to such an officer during a boarding regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew. Prohibits the pilot, operator, or person in charge of an aircraft which has crossed the U.S. border, or an aircraft subject to U.S. jurisdiction operating outside the United States, from knowingly failing to obey an order to land by such an officer who is enforcing U.S. laws relating to controlled substances or money laundering. Directs the Administrator of the Federal Aviation Administration to prescribe regulations governing the means by, and circumstances under which, such an officer may communicate an order to land. Authorizes a foreign nation to consent or waive objection to such enforcement of U.S. law by the United States by international agreement or, on a case-by-case basis, by radio, telephone, or similar oral or electronic means. Sets penalties for intentional violations. Authorizes seizure and forfeiture to the United States of an aircraft or vessel used in violations. (Sec. 5) Establishes civil penalties for failure to comply with vessel boarding. (Sec. 6) Directs the Attorney General to increase the number of positions for full-time, active-duty border patrol agents within the Immigration and Naturalization Service to achieve a level of 20,000 positions by FY 2003. (Sec. 7) Prohibits a U.S. Border Patrol agent, within ten miles of the U.S. international border, from ceasing pursuit of an alien suspecting of unlawfully entering the United States, or of an individual suspected of unlawfully importing a narcotic into the United States, until State or local law enforcement authorities are in pursuit of the alien or individual and have the alien or individual in their visual range. (Sec. 8) Authorizes: (1) the Border Patrol to interdict the importation of narcotics; and (2) the Attorney General to install multi-layered barriers and roads in the U.S. border vicinity to deter drug trafficking in high drug trafficking areas. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Health Protection Act of 2015''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Access to safe, legal abortion services is essential to women's health and central to women's ability to participate equally in the economic and social life of the United States. (2) Access to safe, legal abortion services has been hindered in the United States in various ways, including blockades of health care facilities and associated violence; restrictions on insurance coverage; restrictions on minors' ability to obtain services; and requirements and restrictions that single out abortion providers and those seeking their services, and which do not further women's health or the safety of abortion, but harm women by reducing the availability of services. (3) In the early 1990s, protests and blockades at health care facilities where abortions were performed, and associated violence, increased dramatically and reached crisis level, requiring Congressional action. Congress passed the Freedom of Access to Clinic Entrances Act (Public Law 103-259) to address that situation and ensure that women could physically access abortion services. (4) Since 2010, there has been an equally dramatic increase in the number of laws and regulations singling out abortion that threaten women's health and their ability to access safe abortion services by interfering with health care professionals' ability to provide such services. Congressional action is now necessary to put an end to these restrictions. In addition, there has been a dramatic increase in the passage of laws that blatantly violate the constitutional protections afforded women, such as bans on abortion prior to viability. (5) Legal abortion is one of the safest medical procedures in the United States. That safety is furthered by regulations that are based on science and are generally applicable to the medical profession or to medically comparable procedures. (6) Many State and local governments are imposing restrictions on the provision of abortion that are neither science-based nor generally applicable to the medical profession or to medically comparable procedures. Though described by their proponents as health and safety regulations, many of these abortion-specific restrictions do not advance the safety of abortion services and do nothing to protect women's health. Also, these restrictions interfere with women's personal and private medical decisions, make access to abortion more difficult and costly, and even make it impossible for some women to obtain those services. (7) These restrictions harm women's health by reducing access not only to abortion services but also to the other essential health care services offered by the providers targeted by the restrictions, including contraceptive services, which reduce unintended pregnancies and thus abortions, and screenings for cervical cancer and sexually transmitted infections. These harms fall especially heavily on low-income women, women of color, and women living in rural and other medically underserved areas. (8) The cumulative effect of these numerous restrictions has been widely varying access to abortion services such that a woman's ability to exercise her constitutional rights is dependent on the State in which she lives. Federal legislation putting a stop to harmful restrictions throughout the United States is necessary to ensure that women in all States have access to safe abortion services, an essential constitutional right repeatedly affirmed by the United States Supreme Court. (9) Congress has the authority to protect women's ability to access abortion services pursuant to its powers under the Commerce Clause and its powers under section 5 of the Fourteenth Amendment to the Constitution to enforce the provisions of section 1 of the Fourteenth Amendment. (b) Purpose.--It is the purpose of this Act to protect women's health by ensuring that abortion services will continue to be available and that abortion providers are not singled out for medically unwarranted restrictions that harm women by preventing them from accessing safe abortion services. It is not the purpose of this Act to address all threats to access to abortion (for example, this Act does not apply to clinic violence, restrictions on insurance or medical assistance coverage of abortion, or requirements for parental consent or notification before a minor may obtain an abortion) which Congress should address through separate legislation as appropriate. SEC. 3. DEFINITIONS. In this Act: (1) Abortion.--The term ``abortion'' means any medical treatment, including the prescription of medication, intended to cause the termination of a pregnancy except for the purpose of increasing the probability of a live birth, to remove an ectopic pregnancy, or to remove a dead fetus. (2) Abortion provider.--The term ``abortion provider'' means a health care professional who performs abortions. (3) Government.--The term ``government'' includes a branch, department, agency, instrumentality, or individual acting under color of law of the United States, a State, or a subdivision of a State. (4) Health care professional.--The term ``health care professional'' means a licensed medical professional (including physicians, certified nurse-midwives, nurse practitioners, and physician assistants) who is competent to perform abortions based on clinical training. (5) Medically comparable procedures.--The term ``medically comparable procedures'' means medical procedures that are similar in terms of risk, complexity, duration, or the degree of sterile precaution that is indicated. (6) Pregnancy.--The term ``pregnancy'' refers to the period of the human reproductive process beginning with the implantation of a fertilized egg. (7) State.--The term ``State'' includes each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States. (8) Viability.--the term ``viability'' means the point in a pregnancy at which, in the good-faith medical judgment of the treating health care professional, based on the particular facts of the case before her or him, there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support. SEC. 4. PROHIBITED MEASURES AND ACTIONS. (a) General Prohibitions.--The following limitations or requirements are unlawful and shall not be imposed or applied by any government because they single out the provision of abortion services for restrictions that are more burdensome than those restrictions imposed on medically comparable procedures, they do not significantly advance women's health or the safety of abortion services, and they make abortion services more difficult to access: (1) A requirement that a medical professional perform specific tests or medical procedures in connection with the provision of an abortion, unless generally required for the provision of medically comparable procedures. (2) A requirement that the same clinician who performs a patient's abortion also perform specified tests, services or procedures prior, or subsequent, to the abortion. (3) A limitation on an abortion provider's ability to prescribe or dispense drugs based on current evidence-based regimens or her or his good-faith medical judgment, other than a limitation generally applicable to the medical profession. (4) A limitation on an abortion provider's ability to provide abortion services via telemedicine, other than a limitation generally applicable to the provision of medical services via telemedicine. (5) A requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed. (6) A requirement that, prior to obtaining an abortion, a patient make one or more medically unnecessary in-person visits to the provider of abortion services or to any individual or entity that does not provide abortion services. (7) A requirement or limitation that prohibits or restricts medical training for abortion procedures, other than a requirement or limitation generally applicable to medical training for medically comparable procedures. (b) Other Prohibited Measures or Actions.-- (1) In general.--A measure or action directed at restricting the provision of abortion services or the facilities that provide abortion services that is similar to any of the prohibited limitations or requirements described in subsection (a) shall be unlawful if such measure or action singles out abortion services or makes abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services. (2) Prima facie case.--To make a prima facie showing that a measure or action is unlawful under paragraph (1) a plaintiff shall demonstrate that the measure or action involved-- (A) singles out the provision of abortion services or facilities in which abortion services are performed; or (B) impedes women's access to abortion services based on one or more of the factors described in paragraph (3). (3) Factors.--Factors for a court to consider in determining whether a measure or action impedes access to abortion services for purposes of paragraph (2)(B) include the following: (A) Whether the measure or action interferes with an abortion provider's ability to provide care and render services in accordance with her or his good- faith medical judgment. (B) Whether the measure or action is reasonably likely to delay some women in accessing abortion services. (C) Whether the measure or action is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services (including costs associated with travel, childcare, or time off work). (D) Whether the measure or action requires, or is reasonably likely to have the effect of necessitating, a trip to the offices of the abortion provider that would not otherwise be required. (E) Whether the measure or action is reasonably likely to result in a decrease in the availability of abortion services in the State. (F) Whether the measure or action imposes criminal or civil penalties that are not imposed on other health care professionals for comparable conduct or failure to act or that are harsher than penalties imposed on other health care professionals for comparable conduct or failure to act. (G) The cumulative impact of the measure or action combined with other new or existing requirements or restrictions. (4) Defense.--A measure or action shall be unlawful under this subsection upon making a prima facie case (as provided for under paragraph (2)), unless the defendant establishes, by clear and convincing evidence, that-- (A) the measure or action significantly advances the safety of abortion services or the health of women; and (B) the safety of abortion services or the health of women cannot be advanced by a less restrictive alternative measure or action. (c) Other Prohibitions.--The following restrictions on the performance of abortion are unlawful and shall not be imposed or applied by any government: (1) A prohibition or ban on abortion prior to fetal viability. (2) A prohibition on abortion after fetal viability when, in the good-faith medical judgment of the treating physician, continuation of the pregnancy would pose a risk to the pregnant woman's life or health. (3) A restriction that limits a pregnant woman's ability to obtain an immediate abortion when a health care professional believes, based on her or his good-faith medical judgment, that delay would pose a risk to the woman's health. (4) A measure or action that prohibits or restricts a woman from obtaining an abortion prior to fetal viability based on her reasons or perceived reasons or that requires a woman to state her reasons before obtaining an abortion prior to fetal viability. (d) Limitation.--The provisions of this Act shall not apply to laws regulating physical access to clinic entrances, requirements for parental consent or notification before a minor may obtain an abortion, insurance coverage or medical assistance of abortion, or the procedure described in section 1531(b)(1) of title 18, United States Code. (e) Effective Date.--This Act shall apply to government restrictions on the provision of abortion services, whether statutory or otherwise, whether they are enacted or imposed prior to or after the date of enactment of this Act. SEC. 5. LIBERAL CONSTRUCTION. (a) Liberal Construction.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act. (b) Rule of Construction.--Nothing in this Act shall be construed to authorize any government to interfere with a woman's ability to terminate her pregnancy, to diminish or in any way negatively affect a woman's constitutional right to terminate her pregnancy, or to displace any other remedy for violations of the constitutional right to terminate a pregnancy. SEC. 6. ENFORCEMENT. (a) Attorney General.--The Attorney General may commence a civil action for prospective injunctive relief on behalf of the United States against any government official that is charged with implementing or enforcing any restriction that is challenged as unlawful under this Act. (b) Private Right of Action.-- (1) In general.--Any individual or entity aggrieved by an alleged violation of this Act may commence a civil action for prospective injunctive relief against the government official that is charged with implementing or enforcing the restriction that is challenged as unlawful under this Act. (2) Facility or professional.--A health care facility or medical professional may commence an action for prospective injunctive relief on behalf of the facility's or professional's patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable Relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (d) Costs.--In any action under this section, the court shall award costs of litigation, as well as reasonable attorney fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs in an action under this section. (e) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings commenced pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. SEC. 7. PREEMPTION. No State or subdivision thereof shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act. SEC. 8. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons or circumstances, shall not be affected thereby.", "summary": "Women's Health Protection Act of 2015 This bill prohibits any government from imposing on abortion services: a requirement that a medical professional perform specific tests or medical procedures; a requirement that the same clinician who performs a patient's abortion also perform additional tests, services or procedures; a limitation on an abortion provider's ability to prescribe or dispense drugs or provide services via telemedicine; a requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials, hospital privileges, or status of personnel at those facilities; a requirement that, prior to obtaining an abortion, a patient make medically unnecessary in-person visits to any individual or entity; a limitation on medical training for abortion procedures; a prohibition prior to fetal viability; a prohibition after fetal viability when continuation of the pregnancy would pose a risk to the woman's life or health; a restriction on a woman's ability to obtain an immediate abortion when a delay would pose a risk to the woman's health; or a restriction on obtaining an abortion prior to fetal viability based on a woman's reasons or perceived reasons or that requires her to state her reasons before obtaining an abortion. A measure or action that is similar to a requirement or limitation listed above is prohibited if it singles out abortion services or makes abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services."}
{"article": "SECTION 1. EXTENSION OF FARM SECURITY AND RURAL INVESTMENT ACT OF 2002. (a) Crop Programs.-- (1) Automatic one-year extension.--Every reference in title I of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171; 7 U.S.C. 7901 et seq.), or in an amendment made by such title, to the 2007 crop year or the 2007 crop of a commodity shall be deemed to also cover the 2008 crop year and the 2008 crop of the same commodity. In the case of sections 1204(e)(1) and 1208(a) of such Act (7 U.S.C. 7934(e)(1), 7938(a)), the references to July 31, 2008, shall be deemed to be July 31, 2009. (2) Conditional additional year extension.--If the President does not submit to Congress implementing legislation with respect to the Doha Development Round of World Trade Organization negotiations by January 15, 2008-- (A) every reference in title I of the Farm Security and Rural Investment Act of 2002, or in an amendment made by such title, that is deemed to cover the 2008 crop year or the 2008 crop of a commodity, by operation of paragraph (1), shall be deemed to instead cover the 2008 and 2009 crop years and the 2008 and 2009 crops of the same commodity; and (B) the references to July 31, 2008, in sections 1204(e)(1) and 1208(a) of such Act shall be deemed to be July 31, 2010. (b) Other Direct Spending Programs and Authorities.-- (1) Automatic one-year extension.--For purposes of every direct spending program (as defined in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8))) or other authority established or amended by the Farm Security and Rural Investment Act of 2002 (Public Law 107-171), other than crop programs covered by subsection (a), every reference to 2007 with regard to such programs or authority shall be deemed to refer instead to 2008. The funding level, acreage level, or tonnage level (as the case may be) specified for such a program or authority in such Act, or in an amendment made by such Act, for fiscal year 2007 shall also apply for fiscal year 2008. (2) Conditional additional year extension.--If the President does not submit to Congress implementing legislation with respect to the Doha Development Round of World Trade Organization negotiations by January 15, 2008-- (A) every reference in a direct spending program or other authority established or amended by the Farm Security and Rural Investment Act of 2002 that is deemed to be 2008 rather than 2007, by operation of paragraph (1), shall be deemed to instead refer to 2009; and (B) the funding level, acreage level, or tonnage level (as the case may be) for fiscal year 2007 for such a program or authority shall apply for both fiscal years 2008 and 2009. (c) Extension of Authorizations of Appropriations and Program Terminations.-- (1) Automatic one-year extension.--Every authorization of appropriations contained in the Farm Security and Rural Investment Act of 2002 (Public Law 107-171), or in an amendment made by such Act, that would otherwise expire on September 30, 2007, shall be deemed to expire on September 30, 2008. Every reference in such Act or in an amendment made by such Act to the termination of a program or authority in 2007 shall be deemed to refer instead to 2008. (2) Conditional additional year extension.--If the President does not submit to Congress implementing legislation with respect to the Doha Development Round of World Trade Organization negotiations by January 15, 2008-- (A) every authorization of appropriations contained in the Farm Security and Rural Investment Act of 2002, or in an amendment made by such Act, that is deemed to expire on September 30, 2008, by operation of paragraph (1), shall be deemed to expire on September 30, 2009; and (B) every reference to the termination of a program or authority specified in such Act, or in an amendment made by such Act, that is deemed to occur in 2008 rather than 2007, by operation of paragraph (1), shall be deemed to occur instead in 2009. (d) Exception.--This section does not apply with respect to peanut storage costs under section 1307(a)(6) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7957(a)(6)).", "summary": "Provides for: (1) an automatic one-year extension of the authorization of appropriations for a crop year and direct spending programs and authorities (other than such crop programs) of the Farm Security and Rural Investment Act of 2002; and (2) an additional one-year extension of them if the President does not submit implementing legislation to Congress with respect to the Doha Development Round of World Trade Organization (WTO) negotiations by January 15, 2008. Provides, with the exception of peanut storage costs, the same automatic one-year extension and additional one-year extension for: (1) authorizations of appropriations in the Act scheduled to expire on September 30, 2007; and (2) termination of a program or authority in calendar year 2007."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Permit Processing Coordination Act''. SEC. 2. DEFINITIONS. In this Act: (1) Coordination office.--The term ``coordination office'' means a regional joint outer Continental Shelf lease and permit processing coordination office established under section 3(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. OUTER CONTINENTAL SHELF PERMIT PROCESSING COORDINATION OFFICES. (a) Establishment.--The Secretary shall establish-- (1) a regional joint outer Continental Shelf lease and permit processing coordination office for the Alaska region of the outer Continental Shelf; and (2) subject to subsection (c)-- (A) a regional joint outer Continental Shelf lease and permit processing coordination office for the Atlantic region of the outer Continental Shelf; and (B) a regional joint outer Continental Shelf lease and permit processing coordination office for the Pacific region of the outer Continental Shelf. (b) Memorandum of Understanding.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for the purposes of carrying out this section with-- (A) the Secretary of Commerce; (B) the Chief of Engineers; (C) the Administrator of the Environmental Protection Agency; (D) the head of any other Federal agency that may have a role in permitting activities; and (E) in the case of the coordination office described in subsection (a)(1), the head of each borough government that is located adjacent to any active lease area. (2) State participation.--The Secretary shall request that the Governor of a State adjacent to the applicable outer Continental Shelf region be a signatory to the memorandum of understanding. (c) Date of Establishment.--A coordination office described in subparagraph (A) or (B) of subsection (a)(2) shall not be established until the date on which a proposed lease sale is conducted for the Atlantic or Pacific region of the outer Continental Shelf, as applicable. (d) Designation of Qualified Staff.-- (1) In general.--Each Federal signatory party shall, if appropriate, assign to each of the coordination offices an employee who has expertise in the regulatory issues administered by the office in which the employee is employed relating to leasing and the permitting of oil and gas activities on the outer Continental Shelf by the date that is-- (A) in the case of the coordination office described in subsection (a)(1), not later than 30 days after the date of the signing of the memorandum of understanding relating to the applicable coordination office under subsection (b); or (B) in the case of a coordination office established under subsection (a)(2), not later than 30 days after the date of establishment of the applicable coordination office under subsection (c). (2) Duties.--An employee assigned under paragraph (1) shall-- (A) not later than 90 days after the date of assignment, report to the applicable coordination office; (B) be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; and (C) participate as part of the applicable team of personnel working on proposed oil and gas leasing and permitting, including planning and environmental analyses. (e) Transfer of Funds.--For the purposes of coordination and processing of oil and gas use authorizations for the applicable outer Continental Shelf region, the Secretary may authorize the expenditure or transfer of such funds as are necessary to-- (1) the Secretary of Commerce; (2) the Chief of Engineers; (3) the Administrator of the Environmental Protection Agency; (4) the head of any other Federal agency having a role in permitting activities; (5) any State adjacent to the applicable outer Continental Shelf region; and (6) in the case of the coordination office described in subsection (a)(1), the head of each borough government that is located adjacent to any active lease area. (f) Effect.--Nothing in this section-- (1) authorizes the establishment of a regional joint outer Continental Shelf lease and permit processing coordination office for the Gulf of Mexico region of the outer Continental Shelf; (2) affects the operation of any Federal or State law; or (3) affects any delegation of authority made by the head of a Federal agency for employees that are assigned to a coordination office. (g) Funding.-- (1) In general.--There is authorized to be appropriated $2,000,000 for the coordination office described in subsection (a)(1) for each of fiscal years 2011 through 2021, to remain available until expended. (2) Other coordination offices.--Notwithstanding any other provision of law-- (A) of the amounts received by the Secretary from the sale of bonus bids in the Atlantic region of the outer Continental Shelf Continental Shelf region, $2,000,000 shall be made available for the applicable coordination office described in subsection (A)(2)(A) for the fiscal year; and (B) of the amounts received by the Secretary from the sale of bonus bids in the Pacific region of the outer Continental Shelf Continental Shelf region, $2,000,000 shall be made available for the applicable coordination office described in subsection (A)(2)(B) for the fiscal year. SEC. 4. JUDICIAL REVIEW. (a) Exclusive Jurisdiction.--Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to review any claim relating to an action by the Administrator of the Environmental Protection Agency or the Secretary of the Interior with respect to the review, approval, denial, or issuance of an oil or natural gas lease or permit in the area of the outer Continental Shelf described in section 3(a)(1). (b) Deadline for Filing Claim.--A claim described in subsection (a) may be brought not later than 60 days after the date of the action giving rise to the claim. (c) Expedited Consideration.--The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil and natural gas resources in the area of the outer Continental Shelf described in section 3(a)(1) that are needed to meet the anticipated demand for oil and natural gas.", "summary": "Outer Continental Shelf Permit Processing Coordination Act - Directs the Secretary of the Interior to establish three regional joint outer Continental Shelf (OCS) lease and permit processing coordination offices, one for the Alaska region of the OCS, one for the Atlantic region, and one for the Pacific region."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Metro Accountability and Investment Act''. SEC. 2. REAUTHORIZATION OF FUNDS. Section 601(f) of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-432; 122 Stat. 4970) is amended to read as follows: ``(f) Amount.-- ``(1) In general.-- ``(A) Original funding.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section an aggregate amount not to exceed $1,500,000,000 to be available in increments over 10 fiscal years beginning in fiscal year 2009, or until expended. ``(B) Continuation of funding.--Subject to paragraphs (2) and (3), there are authorized to be appropriated to the Secretary of Transportation for grants under this section $2,000,000,000 to be available in increments over 10 fiscal years beginning in fiscal year 2020, or until expended. ``(2) Restriction on use.-- ``(A) Operating expenses.--$500,000,000 of the amount described in paragraph (1)(B) may only be used for operating expenses of the Transit Authority. ``(B) Inspector general.--$100,000,000 of the amount described in subparagraph (A) may only be used for the Office of Inspector General of the Transit Authority. ``(3) Required modifications.--The Secretary may not provide grants pursuant to paragraph (1)(B) unless the Secretary certifies that the Board of Directors of the Transit Authority has passed a resolution, and is making progress implementing such a resolution, that-- ``(A) establishes an independent budget authority for the Office of Inspector General of the Transit Authority; ``(B) establishes an independent procurement authority for the Office of Inspector General of the Transit Authority; ``(C) establishes an independent hiring authority for the Office of Inspector General of the Transit Authority; ``(D) ensures the inspector general of the Transit Authority can obtain legal advice from a counsel reporting directly to the director of such office; ``(E) requires the inspector general of the Transit Authority to submit recommendations for corrective action to the General Manager, the Board of Directors of the Transit Authority, and the appropriate congressional committees; and ``(F) requires the inspector general of the Transit Authority to publish any recommendation described in subparagraph (E) on the website of the Office of Inspector General of the Transit Authority, except that the Inspector General may redact personally identifiable information and information that, in the determination of the Inspector General, would pose a security risk to the systems of the Transit Authority. ``(4) Special rule for certain funds.--The amounts described in paragraph (2) are not subject to the requirements of paragraphs (2) and (3) of subsection (b). ``(5) Definition.--In this subsection, the term `appropriate congressional committees' means the Committee on Transportation and Infrastructure, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate.''. SEC. 3. ADDITIONAL GRANTS. (a) In General.--In addition to other funding provided to the Transit Authority pursuant to any other provision of law, the Secretary of Transportation may make grants to the Transit Authority for the purpose of funding the capital and preventive maintenance projects included in the Capital Improvement Program approved by the Board of Directors of the Transit Authority. (b) Use of Funds.--A grant made pursuant to this section shall be subject to the following limitations and conditions: (1) The work for which such grant is authorized shall be subject to the provisions of the Compact, including any future amendments to the Compact. (2) Each such grant shall be for 50 percent of the net project cost of the project involved, and shall be provided in cash from sources other than Federal funds or revenues from the operation of public mass transportation systems. Consistent with the terms of the amendment to the Compact, or any future amendments to such Compact, any funds so provided shall be solely from undistributed cash surpluses, replacement or depreciation funds of reserves available in cash, or new capital. (c) Applicability of Requirements for Mass Transportation Capital Projects Receiving Funds Under Federal Transportation Law.--Except as specifically provided in this section, the use of any amounts appropriated pursuant to the authorization under this section shall be subject to the requirements applicable to capital projects for which funds are provided under chapter 53 of title 49, United States Code, except to the extent the Secretary determines that the requirements are inconsistent with this Act, its purposes, or any subsequent rules of guidance issued pursuant to this Act. (d) Amount and Requirement for First Period.-- (1) Amount.--There is authorized to be appropriated to the Secretary of Transportation for grants under this section $500,000,000 to be available in increments over 5 fiscal years beginning in fiscal year 2020, or until expended. (2) Requirements.--The Secretary may not award a grant authorized under this subsection unless the Secretary certifies, on an annual basis, that the Transit Authority is making progress toward goals and metrics for system performance established by the Secretary in collaboration with the signatories to the Compact on safety, reliability, and operation costs as measured by vehicle revenue hours. (e) Amount and Requirement for Second Period.-- (1) Amount.--There is authorized to be appropriated to the Secretary of Transportation for grants under this section $1,500,000,000 to be available in increments over 15 fiscal years beginning in fiscal year 2025, or until expended. (2) Requirements.--The Secretary may not award a grant authorized under this subsection unless the Secretary certifies, on an annual basis, that-- (A) the Transit Authority is making progress toward goals and metrics for system performance established by the Secretary in collaboration with the signatories to the Compact on safety, reliability, and operation costs as measured by vehicle revenue hours; and (B) the signatories to the Compact have established a dedicated funding source for capital projects for the Transit Authority that is expected to raise, in total, at least $300,000,000 annually. (f) Availability.--Amounts appropriated pursuant to the authorization under this section shall remain available until expended. (g) Definitions.--In this section-- (1) the term ``Transit Authority'' means the Washington Metropolitan Area Transit Authority established under Article III of the Compact; and (2) the term ``Compact'' means the Washington Metropolitan Area Transit Authority Compact (Public Law 89-774; 80 Stat. 1324).", "summary": "Metro Accountability and Investment Act This bill amends the Passenger Rail Investment and Improvement Act of 2008 to authorize additional funding to the Department of Transportation (DOT) for grants for capital and preventive maintenance projects for the Washington Metropolitan Area Transit Authority (WMATA) in increments over 10 fiscal years beginning in FY2020 or until expended, subject to specified limitations. DOT may not provide such grants until it certifies that the Board of Directors of WMATA has passed a resolution, and is making progress implementing such resolution, that establishes an independent budget authority for the Office of Inspector General of WMATA, an independent procurement authority for such office, and an independent hiring authority for such office; ensures the inspector general can obtain legal advice from a counsel reporting directly to the office; and requires the inspector general to submit recommendations for corrective action to the General Manager, the board, and Congress, and to publish any recommendation on the office's website, with redactions to prevent security risks.. DOT may make additional grants to WMATA for the purpose of funding the capital and preventive maintenance projects included in the Capital Improvement Program approved by the board."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors Real Property Tax Relief Act of 1998''. SEC. 2. ALLOWANCE OF DEDUCTION FOR STATE AND LOCAL REAL PROPERTY TAXES TO CERTAIN SENIORS WHO DO NOT ITEMIZE THEIR DEDUCTIONS. (a) In General.--Subsection (a) of section 62 of the Internal Revenue Code of 1986 (relating to definition of adjusted gross income) is amended by adding at the end the following new paragraph: ``(18) Real property taxes of eligible senior taxpayers.-- ``(A) In general.--In the case of an eligible senior taxpayer, the deduction for State and local real property taxes (within the meaning of section 164). ``(B) Limitation.--Subparagraph (A) shall apply only to the portion of State and local real property taxes which exceeds the aggregate amount distributed for the taxable year from the senior citizen real property tax account (as defined by section 222). The preceding sentence shall not apply to a distribution described in paragraph (3), (4), or (5) of section 222(e). ``(C) Eligible senior taxpayer defined.--For purposes of subparagraph (A), the term `eligible senior taxpayer' means a taxpayer-- ``(i) who is not married or is married filing a separate return and-- ``(I) who has attained age 65 before the close of his taxable year, and ``(II) whose modified adjusted gross income for such taxable year does not exceed $30,000, or ``(ii) who is filing a joint return or is a surviving spouse (as defined in section 2(a)) and-- ``(I) with respect to whom 1 of the spouses has attained age 65 before the close of the taxpayer's taxable year, and ``(II) whose modified adjusted gross income for such taxable year does not exceed $60,000. ``(D) Modified adjusted gross income.--For purposes of subparagraph (C), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(i) without regard to sections 911, 931, and 933, and ``(ii) after the application of sections 86, 469, 219, 220, and 222. ``(E) Inflation adjustment.-- ``(i) In general.--In the case of a taxable year beginning after December 31, 1999, each of the dollar amounts in subparagraphs (C)(i)(II) and (C)(ii)(II) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1998' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $100 such amount shall be rounded to the next lowest multiple of $100.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. SENIOR CITIZEN REAL PROPERTY TAX ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. SENIOR CITIZEN REAL PROPERTY TAX ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the cash contributions made for such taxable year to a senior citizen real property tax account maintained for the benefit of such individual. ``(b) Maximum Amount of Deduction.--The amount allowable as a deduction under subsection (a) to any individual for any taxable year shall not exceed $2,000. ``(c) Definitions.--For purposes of this section-- ``(1) Senior citizen real property tax account.--The term `senior citizen real property tax account' means a trust created or organized in the United States exclusively for the purpose of paying the qualified property tax expenses of the account beneficiary of the trust, but only if the trust is designated as a senior citizen real property tax account at the time created or organized and the written governing instrument creating the trust meets the following requirements: ``(A) No contribution (other than a rollover contribution described in subsection (e)(5)) will be accepted-- ``(i) unless it is in cash, ``(ii) in excess of $2,000 for the taxable year, or ``(iii) after the date on which such beneficiary attains age 59\\1/2\\. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section or who has so demonstrated with respect to any individual retirement plan. ``(C) No part of the trust assets will be invested in life insurance contracts. ``(D) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(2) Qualified property tax expenses.-- ``(A) In general.--The term `qualified property tax expenses' means State and local, and foreign, real property taxes imposed on the account beneficiary (determined in accordance with section 164) with respect to the principal residence (within the meaning of section 121) of such beneficiary. Such term shall not include taxes imposed for any real property tax period ending before the date such beneficiary attains age 59\\1/2\\. ``(B) Jointly held property.--In the case of any residence which is held as joint tenants, tenants by the entirety, or community property by individuals who are married to each other, if one spouse satisfies the age requirement of subparagraph (A), then both spouses shall be treated as satisfying such requirement. ``(3) Account beneficiary.--The term `account beneficiary' means the individual for whose benefit the senior citizen real property tax account was established. ``(4) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 219(d)(2) (relating to no deduction for rollovers). ``(B) Section 219(f)(3) (relating to time when contributions deemed made). ``(C) Section 408(d)(6) (relating to transfer of account incident to divorce). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(d) Tax Treatment of Accounts.-- ``(1) In general.--A senior citizen real property tax account is exempt from taxation under this subtitle unless such account has ceased to be such an account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Account terminations.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to senior citizen real property tax accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified property tax expenses. ``(e) Tax Treatment of Distributions.-- ``(1) In general.--If any distribution is made from a senior citizen real property tax account during the taxable year, the account beneficiary's tax imposed by this chapter for such taxable year shall be increased by an amount equal to-- ``(A) 50 percent of any such distribution which is made before the date the account beneficiary attains age 59\\1/2\\, and ``(B) 25 percent of any such distribution which is made on or after such date. The increase in tax under the preceding sentence shall be in lieu of any inclusion in gross income. ``(2) Amounts used for qualified property tax expenses.-- ``(A) In general.--Paragraph (1) shall not apply to the extent that the aggregate distributions during the taxable year from the senior citizen real property tax accounts of the account beneficiary do not exceed the aggregate qualified property tax expenses of such beneficiary for such year. ``(B) Exclusion from gross income.--Gross income shall not include any distribution excluded from paragraph (1) by reason of subparagraph (A). ``(3) Treatment after death of account beneficiary; disability.--Paragraph (1) shall not apply to a distribution-- ``(A) which is made by reason of the death of the account beneficiary and is made (either directly or by the estate of such beneficiary) to any senior citizen real property tax account or individual retirement plan of any individual, or ``(B) which is attributable to the account beneficiary's being disabled (within the meaning of section 72(m)(7)). In the case of a distribution which is made by reason of the death of the account beneficiary and to which paragraph (1) applies after the application of the preceding sentence, the tax on such distribution shall be determined under paragraph (1)(A). ``(4) Excess contributions returned before the due date of return.-- ``(A) In general.--If any excess contribution is contributed for a taxable year to a senior citizen real property tax account of an individual, paragraph (1) shall not apply to distributions from the senior citizen real property tax accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if-- ``(i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. ``(B) Excess contribution.--For purposes of subparagraph (A), the term `excess contribution' means any contribution (other than a rollover contribution) that is not deductible under this section. ``(5) Rollover contribution.--An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). ``(A) In general.--Paragraph (1) shall not apply to any amount distributed from a senior citizen real property tax account to the account beneficiary to the extent the amount received is paid into a senior citizen real property tax account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. ``(B) Limitation.--This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a senior citizen real property tax account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a senior citizen real property tax account which was not includible in the individual's gross income because of the application of this paragraph. ``(f) Special Rules.-- ``(1) Married individuals.--The maximum deduction under subsection (b) shall be computed separately for each individual. ``(2) Time when contributions deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a contribution to a senior citizen real property tax account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(g) Reports.--The Secretary may require the trustee of a senior citizen real property tax account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, and such other matters as the Secretary determines appropriate. The reports required by this subsection shall be filed at such time and in such a manner and furnished to such individuals at such time and in such manner as may be required by the Secretary.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code, as amended by section 2, is amended by inserting after paragraph (18) the following new paragraph: ``(19) Senior citizen real property tax accounts.--The deduction allowed by section 222.''. (c) Tax on Prohibited Transactions.-- (1) In general.--Paragraph (1) of section 4975(e) of such Code (relating to prohibited transactions) is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) a senior citizen real property tax account described in section 222(c),''. (2) Special rule.--Subsection (c) of section 4975 of such Code is amended by adding at the end the following new paragraph: ``(6) Special rule for senior citizen real property tax accounts.--The individual for whose benefit a senior citizen real property tax account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if section 222(d)(2) applies with respect to such transaction.''. (d) Failure To Provide Reports on Senior Citizen Real Property Tax accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on individual retirement accounts or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 222(g) (relating to senior citizen real property tax accounts),''. (e) Tax on Excess Contributions.-- (1) In general.--Subsection (a) of section 4973 of such Code is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) a senior citizen real property tax account (as defined in section 222(c)),''. (2) Excess contributions defined.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(g) Excess Contributions to Senior Citizen Real Property Tax Accounts.--For purposes of this section-- ``(1) In general.--In the case of senior citizen real property tax accounts maintained for the benefit of any 1 beneficiary, the term `excess contributions' means the amount by which the amount contributed for the taxable year to such accounts exceeds $2,000. ``(2) Special rules.--For purposes of paragraph (1), the following contributions shall not be taken into account: ``(A) Any contribution which is distributed out of the senior citizen real property tax account in a distribution to which section 222(e)(4) applies. ``(B) Any rollover contribution.''. (f) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Senior citizen real property tax accounts. ``Sec. 223. Cross reference.''. (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Seniors Real Property Tax Relief Act of 1998 - Amends the Internal Revenue Code to: (1) allow a deduction for State and local real property taxes paid by certain taxpayers aged 65 or older who do not itemize their deductions; and (2) provide for the establishment of \"senior citizen real property tax accounts\" (trusts created exclusively for the purpose of paying the qualified property tax expenses of qualified beneficiaries)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Opportunities for Increasing Contributions to Education Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 75 percent of the qualified charitable contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.-- ``(1) Individuals.--In the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $500 ($1,000 in the case of a joint return). ``(2) Corporations.--In the case of a corporation, the credit allowed by subsection (a) shall not exceed $100,000. ``(c) Qualified Charitable Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified charitable contribution' means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions-- ``(A) to a school tuition organization, ``(B) for the improvement, renovation, or construction of a school facility that is used primarily to provide education at the elementary or secondary level, and ``(C) for the acquisition of computer technology or equipment (as defined in subparagraph (E)(i) of section 170(e)(6)), or for training related to the use of such technology or equipment, for use in a school facility described in subparagraph (B). ``(2) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization which-- ``(i) is described in section 170(c)(2), ``(ii) allocates at least 90 percent of its gross income and contributions and gifts to elementary and secondary school scholarships, and ``(iii) awards scholarships to any student who is eligible for free or reduced cost lunch under the school program established under the Richard B. Russell National School Lunch Act. ``(B) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade. ``(3) School facility.--The term `school facility' shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any contribution for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(3) Controlled groups.--All persons who are treated as one employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer for purposes of this section. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit for contributions for the benefit of elementary and secondary schools.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.", "summary": "Voluntary Opportunities for Increasing Contributions to Education Act - Amends the Internal Revenue Code to allow an annual tax credit of up to $500 for an individual ($1,000 for joint filers) and $100,000 for a corporation for 75 percent of the qualified charitable contributions (school tuition organizations, facility construction or renovation, computer acquisition or training) made on behalf of elementary or secondary schools."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer and Environmental Research Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Breast cancer is the second leading cause of cancer deaths among American women. (2) More women in the United States are living with breast cancer than any other cancer (excluding skin cancer). Approximately 3,000,000 women in the United States are living with breast cancer, 2,000,000 of which have been diagnosed and an estimated 1,000,000 who do not yet know that they have the disease. (3) Breast cancer is the most commonly diagnosed cancer among women in the United States and worldwide (excluding skin cancer). In 2001, it is estimated that 233,000 new cases of breast cancer will be diagnosed among women in the United States, 192,000 cases of which will involve invasive breast cancer and 40,800 cases of which will involve ductal carcinoma in situ (DCIS). (4) Breast cancer is the second leading cause of cancer death for women in the United States. Approximately 40,000 women in the United States die from the disease each year. Breast cancer is the leading cause of cancer death for women in the United States between the ages of 20 and 59, and the leading cause of cancer death for women worldwide. (5) A woman in the United States has a 1 in 8 chance of developing invasive breast cancer in her lifetime. This risk was 1 in 11 in 1975. In 2001, a new case of breast cancer will be diagnosed every 2 minutes and a woman will die from breast cancer every 13 minutes. (6) All women are at risk for breast cancer. About 90 percent of women who develop breast cancer do not have a family history of the disease. (7) The National Action Plan on Breast Cancer, a public private partnership, has recognized the importance of expanding the scope and breadth of biomedical, epidemiological, and behavioral research activities related to the etiology of breast cancer and the role of the environment. (8) To date, there has been only a limited research investment to expand the scope or coordinate efforts across disciplines or work with the community to study the role of the environment in the development of breast cancer. (9) In order to take full advantage of the tremendous potential for avenues of prevention, the Federal investment in the role of the environment and the development of breast cancer should be expanded. (10) In order to understand the effect of chemicals and radiation on the development of cancer, multi-generational, prospective studies are probably required. SEC. 3. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES; AWARDS FOR DEVELOPMENT AND OPERATION OF RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER. Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285l et seq.) is amended by adding at the end the following section: ``SEC. 463B. RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER. ``(a) In General.--The Director of the Institute, based on recommendations from the Breast Cancer and Environmental Research Panel established under subsection (b) (referred to in this section as the `Panel') shall make grants, after a process of peer review and programmatic review, to public or nonprofit private entities for the development and operation of not more than 8 centers for the purpose of conducting multidisciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer. Each such center shall be known as a Breast Cancer and Environmental Research Center of Excellence. ``(b) Breast Cancer and Environmental Research Panel.-- ``(1) Establishment.--The Secretary shall establish in the Institute of Environmental Health Sciences a Breast Cancer and Environmental Research Panel. ``(2) Composition.--The Panel shall be composed of-- ``(A) 9 members to be appointed by the Secretary, of which-- ``(i) six members shall be appointed from among physicians, and other health professionals, who-- ``(I) are not officers or employees of the United States; ``(II) represent multiple disciplines, including clinical, basic, and public health sciences; ``(III) represent different geographical regions of the United States; ``(IV) are from practice settings or academia or other research settings; and ``(V) are experienced in biomedical review; and ``(ii) three members shall be appointed from the general public who are representatives of individuals who have had breast cancer and who represent a constituency; and ``(B) such nonvoting, ex officio members as the Secretary determines to be appropriate. ``(3) Chairperson.--The members of the Panel appointed under paragraph (2)(A) shall select a chairperson from among such members. ``(4) Meetings.--The Panel shall meet at the call of the chairperson or upon the request of the Director, but in no case less often than once each year. ``(5) Duties.--The Panel shall-- ``(A) oversee the peer review process for the awarding of grants under subsection (a) and conduct the programmatic review under such subsection; ``(B) make recommendations with respect to the funding criteria and mechanisms under which amounts will be allocated under this section; and ``(C) make final programmatic recommendations with respect to grants under this section. ``(c) Collaboration With Community.--Each center under subsection (a) shall establish and maintain ongoing collaborations with community organizations in the geographic area served by the center, including those that represent women with breast cancer. ``(d) Coordination of Centers; Reports.--The Director of the Institute shall, as appropriate, provide for the coordination of information among centers under subsection (a) and ensure regular communication between such centers, and may require the periodic preparation of reports on the activities of the centers and the submission of the reports to the Director. ``(e) Required Consortium.--Each center under subsection (a) shall be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of the Institute. Each center shall require collaboration among highly accomplished scientists, other health professionals and advocates of diverse backgrounds from various areas of expertise. ``(f) Duration of Support.--Support of a center under subsection (a) may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of the Institute and if such group has recommended to the Director that such period should be extended. ``(g) Geographic Distribution of Centers.--The Director of the Institute shall, to the extent practicable, provide for an equitable geographical distribution of centers under this section. ``(h) Innovative Approaches.--Each center under subsection (a) shall use innovative approaches to study unexplored or under-explored areas of the environment and breast cancer. ``(i) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $30,000,000 for each of the fiscal years 2002 through 2007. Such authorization is in addition to any other authorization of appropriations that is available for such purpose.''.", "summary": "Breast Cancer and Environmental Research Act of 2001 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to make grants to public or nonprofit private entities for the development and operation of not more than eight consortium centers (each such center shall be known as a Breast Cancer and Environmental Research Center of Excellence) for the conduct of multi-disciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Protection Home Inspection Counseling Act of 2012''. SEC. 2. HOME INSPECTION COUNSELING. Section 1451 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 1701x-1) is amended-- (1) in subsection (b)-- (A) by striking the subsection designation and all that follows through ``Each'' and inserting the following: ``(b) Requirement for FHA-Approved Lenders.-- ``(1) Requirement.--Each''; and (B) by adding at the end the following new paragraph: ``(2) Effective date; mortgagee letter.--Not later than the expiration of the 90-day period beginning upon the date of the enactment of the Consumer Protection Home Inspection Counseling Act of 2012, the Secretary shall publish a Mortgagee Letter informing mortgagees of their obligation under paragraph (1).''; (2) in subsection (c)-- (A) by striking the subsection designation and all that follows through ``Each'' and inserting the following: ``(c) Requirements for HUD-Approved Counseling Agencies.-- ``(1) Provision of materials.--Each''; (B) by striking ``subparagraphs (C) and (D) of''; and (C) by adding at the end the following new paragraphs: ``(2) Requirements for housing counselors.--Each person providing counseling for a housing counseling entity authorized, certified, or funded in whole or in part under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) shall be trained through the voluntary home inspection training module established pursuant to subsection (d), shall distribute the counseling aids to be developed under this section, and shall explain the materials specified in subsection (a)(1) and other aids and materials set forth in this section. ``(3) Requirements for homeownership counseling programs.-- Any homeownership counseling program required under, or provided in connection with, any program administered by the Department of Housing and Urban Development shall be provided only by organizations or counselors certified by the Secretary pursuant to this section as competent to provide voluntary home inspection counseling. ``(4) Sanctions.--The Secretary may withhold, withdraw, or suspend housing counseling certifications for any housing counselor or counseling entity that fails to meet the requirements of this section.''; (3) in subsection (d)-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting ``; and''; (C) by redesignating paragraphs (1) through (4) (as so amended) as subparagraphs (A) through (D), respectively, and realigning such subparagraphs (as so redesignated) so as to be indented 4 ems from the left margin; (D) by striking the subsection designation and all that follows through ``shall include--'' and inserting the following: ``(d) Training.-- ``(1) Establishment.--The Secretary shall establish a comprehensive program to train staff of the Department, contractors, individuals, and entities that provide housing counseling under programs authorized, certified, or funded under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) to also provide counseling to consumers on voluntary home inspection. ``(2) Requirements.--The training program established pursuant to this subsection shall include development of a training module to train counselors as well as counseling aids to be used by housing counselors and suitable for distribution to consumers. The training materials shall be written in plain language and shall be comprehensible to untrained consumers with or without ongoing assistance from housing counselors. Training provided under the program shall include--''; (E) in paragraph (2), as added by the amendment made by subparagraph (D) of this paragraph, by adding at the end the following new subparagraph: ``(E) Internet website references and information sufficient for counselors and homebuyers to locate and select a local professional home inspector.''; and (F) by adding at the end the following new paragraphs: ``(3) Content.--At a minimum, the home inspection counseling program established under this subsection, and the training module and counseling aids developed under this subsection, shall convey the following information: ``(A) That a home inspection in connection with purchase of a home is voluntary, but not mandatory, which means that the homebuyer must make a personal choice whether to obtain a home inspection. ``(B) That the Department of Housing and Urban Development recommends that homebuyers obtain a voluntary home inspection. ``(C) That a home inspection is an in-depth technical and objective examination of the physical structure and internal systems of the home, from the foundation to the roof, and should be performed by a trained and experienced professional home inspector. ``(D) That a home inspection is not required in the case of an FHA loan insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.) and that a home inspection is not performed by FHA. ``(E) That in most cases, no home inspection will be performed unless the homebuyer requests one. ``(F) That it is the burden of the homebuyer to arrange for a home inspection if one is requested. ``(G) That an appraisal is not equivalent to a home inspection. ``(H) That if the homebuyer chooses to obtain a home inspection, it is generally to the homebuyer's benefit to do so as early as possible. ``(I) That the homebuyer may ask to make the transaction contingent on the outcome of the home inspection and that the homebuyer may realize substantial financial benefits from the home inspection, including from identifying possible repairs that could be performed and paid for by the seller prior to the closing. ``(J) That the homebuyer should consider requesting a voluntary home inspection. ``(4) Additional guidance materials.--The Secretary shall develop, in consultation with national professional home inspector associations, additional guidance materials to educate housing counselors on how to advise consumers how to locate, interview, and select a professional home inspector, and on how consumers may independently locate, interview, and select a professional home inspector. The Secretary shall require that these materials be made available to counselors providing housing counseling under the programs referred to in this section.''; and (4) by adding at the end the following new subsections: ``(e) Certification of Counselors.-- ``(1) Protocol.--The Secretary shall, in the discretion of the Secretary, develop a new independent protocol, or amend existing protocols, to certify that housing counselors whose activities are authorized, certified, or funded in whole or in part under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) have successfully completed training using the voluntary home inspection training module and counseling aids established and developed pursuant to this section. ``(2) Standards for materials and forms.--The Secretary shall establish standards and requirements for voluntary home inspection counseling materials and forms to be used, as appropriate, by organizations providing voluntary home inspection counseling. Such standards shall conform with the content requirements under this section. ``(f) Report.--Not later than the expiration of the 12-month period beginning upon the date of the enactment of the Consumer Protection Home Inspection Counseling Act of 2012, the Secretary shall submit a report to the Congress describing the actions that have been undertaken to comply with this section, disclosing the actions that are required under this section but have not at such time been addressed, assessing the results of this section that have been achieved at such time, identifying areas for improvement in the implementation of this section, and making recommendations to enhance implementation of this section.''.", "summary": "Consumer Protection Home Inspection Counseling Act of 2012 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to direct the Secretary of Housing and Urban Development (HUD) to publish a Mortgagee Letter informing mortgagees of their obligation to provide prospective homebuyers with specified HUD public outreach publications concerning the importance of obtaining independent home inspections. Requires persons providing housing counseling for HUD-approved counseling agencies to: (1) be trained through a certain voluntary home inspection training module, and (2) distribute and explain certain counseling aids. Requires any homeownership counseling program under HUD auspices or administration to be provided only by organizations or counselors HUD-certified as competent to provide voluntary home inspection counseling. Authorizes HUD to withhold, withdraw, or suspend housing counseling certifications for any non-compliant housing counselor or counseling entity. Requires HUD to establish a comprehensive program to train HUD staff, contractors, individuals, and entities that provide housing counseling under specified HUD-funded programs also to provide counseling to consumers on voluntary home inspection. Requires such training program to include development of a training module to: (1) train counselors as well as counseling aids for use by housing counselors and suitable for distribution to consumers; and (2) be comprehensible to untrained consumers with or without ongoing assistance from housing counselors. Requires HUD, at the Secretary's discretion, to develop a new independent protocol, or amend existing protocols, to certify that such housing counselors have successfully completed training using the voluntary home inspection training module and counseling aids established under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Maggie's Law: National Drowsy Driving Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) A 1995 Federal study conservatively estimated that each year-- (A) 100,000 police-reported motor vehicle crashes are caused by the drowsiness or fatigue of the operator; (B) 1,550 deaths and 71,000 injuries are the direct result of a driver falling asleep at the wheel of a motor vehicle; and (C) these crashes represent at least $12,500,000,000 in diminished productivity and property loss. (2) Scientific research further demonstrates that-- (A) 1,000,000 crashes are caused by driver inattention each year; and (B) sleep deprivation and fatigue make such attention lapses more likely to occur. (3) An insufficient amount of statistical data and documentation concerning fatigue-related motor vehicle crashes is available. Federal statistics significantly under-report the problem of driver fatigue because the statistics are derived primarily from police accident reports, and studies indicate that less than one-half of all crashes are reported to the police. (4) Further complicating the collection of accurate data are the following facts: (A) Most police officers are not trained to detect sleep-related crashes. (B) There is no test to determine sleepiness as there is for drunk drivers. (C) There are still States that do not have proper codes for sleepiness on their crash report forms. (D) Based on clinical studies, many people are unable to accurately recognize when they have nodded- off for a short period of time (microsleep), thus raising questions about the reliability of self- reporting. (5) In 1999, a scientifically conducted national survey of Americans found that 23 percent of respondents reported that they personally know someone who crashed in the past year due to falling asleep at the wheel. (6) In 2001, a scientifically conducted national survey of Americans found that in the past year-- (A) 53 percent of all adults reported driving while drowsy; (B) 19 percent reported that they had actually dozed off while driving; and (C) one percent reported that they had crashed because they dozed off. (7) Studies confirm that while anyone can be at risk for drowsy driving, there are several population groups that are significantly at higher risk-- (A) young people under the age of 26, who tend to stay up late, sleep too little, and drive at night, represent about 55 percent of all fall asleep crashes; (B) there are over 20,000,000 shift workers in America and studies suggest that 20 percent to 30 percent of individuals with nontraditional work schedules have had a fatigue-related driving mishap in the last year; (C) commercial drivers are susceptible to fatigue- related crashes due to their driving schedules and the amount of miles they drive during the year; (D) commercial drivers have a high prevalence of a sleep and breathing disorder called sleep apnea; and (E) 40,000,000 Americans suffer from sleep disorders; left untreated, disorders such as sleep apnea can increase crash risk 3 to 7 times. (8) In 1995, a study found that some roads, such as high- speed, long, boring, rural highways, are more dangerous than others for sleep-deprived motorists. The New York State Police estimated that 40 percent of all fatal crashes along the New York Thruway were the result of a driver falling asleep at the wheel. (9) Studies, such as the following, indicate that continuous shoulder rumble strips are effective countermeasures to drift-off-the-road crashes, which are characteristic of drowsy driving, and fall-asleep crashes-- (A) New York State reports that accidents caused by drivers falling asleep at 13 sites on the New York Thruway were reduced by 84 percent following the installation of continuous shoulder rumble strips. (B) Pennsylvania reports a reduction of guard rail or embankment accidents at 5 sites on the Pennsylvania Turnpike following rumble strip installation. (C) In 1995, an expert panel consisting of university and federal researchers convened to assess the current research regarding the effectiveness of continuous shoulder rumble strips and to make recommendations about their use. The panel concluded that rumble strips reduce drift-off-the-road crashes anywhere from 15 to 70 percent depending on road type and rumble strip design being used. SEC. 3. DROWSY DRIVING EDUCATION PROGRAMS. Chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``SEC. 412. DROWSY DRIVING EDUCATION PROGRAMS. ``(a) Awards.--The Secretary may enter into contracts or cooperative agreements with, and may make grants to, State highway offices and other experienced drowsy driving safety organizations to obtain and distribute national, State, and local drowsy driving education programs and supporting educational materials. ``(b) Use of Funds.--Funds provided under a contract, cooperative agreement, or grant under subsection (a) shall be used-- ``(1) to implement drowsy driving programs which are designed to prevent deaths and injuries due to drivers who are impaired by fatigue and sleep deprivation and which-- ``(A) educate the public in all aspects of the dangers of driving while impaired by fatigue or drowsiness as a result of sleep deprivation, untreated sleep disorders, sedating medications, and alcohol use; ``(B) educate the public to recognize the signs of fatigue while driving and how to take appropriate countermeasures to avoid fall-asleep crashes; ``(C) train and retrain traffic safety professionals, police officers, fire and emergency medical personnel, and other educators in all aspects of drowsy driving prevention; and ``(D) train police officers and accident reconstructionists to identify fatigue impairment among drivers and as a factor in motor vehicle crashes; ``(2) to develop a standardized, scientifically accurate curriculum on the risks and prevention of drowsy driving and fall-asleep motor vehicle crashes and take steps to-- ``(A) develop and integrate a drowsy driving curriculum component into all driver's education courses under the purview of a State's transportation department; ``(B) ensure that State departments of transportation, health and education work together to include a drowsy driving component in all driver's education and health education curricula; and ``(C) the State departments of transportation shall develop a curriculum on drowsy driving for training the instructors who teach any course covering driver education or traffic safety. ``(3) to consult and collaborate with existing national drowsy driving campaigns to foster the distribution of scientifically-based information and educational messages regarding drowsy driving and fall-asleep crashes and to review existing State model programs for experience and guidance; ``(4) to adopt formal policy statements and work plans for the installation and expansion of continuous shoulder rumble strips during highway resurfacing and new construction programs for interstate highways and submit a report to the Secretary each fiscal year describing the number of highway miles and locations where continuous shoulder rumble strips have been installed on their state highway system; ``(5) to adopt formal codes on motor vehicle accident report forms to report fatigue-related or fall-asleep crashes; ``(6) to provide enforcement personnel training in the detection and reporting of drowsy driving as a factor in motor vehicle crashes; and ``(7) provide education programs to the police and the courts regarding the sanctions available for drowsy driving accidents. ``(c) Applications.--An entity desiring a contract, cooperative agreement, or grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(d) Reports to Secretary.--An entity which receives a contract, cooperative agreement, or grant under subsection (a) shall prepare and submit to the Secretary an annual report during the period in which it receives funds under such contract, cooperative agreement, or grant. Such a report shall contain such information as the Secretary may require and shall, at a minimum, describe the program activities undertaken with such funds, including-- ``(1) any drowsy driving education program that has been developed directly or indirectly by such entity and the target population of such program; ``(2) support materials of such a program that have been obtained by such entity and the method by which the entity distributed such materials; and ``(3) any initiatives undertaken by such entity to develop public-private partnerships to secure non-Federal support for the development and distribution of drowsy driving education programs and materials. ``(e) Report to Congress.--The Secretary shall prepare and submit to the appropriate committees of Congress an annual report on the implementation of this section, which includes a description of the programs undertaken and materials developed and distributed by entities receiving funds under subsection (a). ``(f) In this section, the following definitions apply: ``(1) Drowsy driver education programs.--The term `drowsy driving education programs' includes publications, audiovisual, presentations, and demonstrations. ``(2) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. ``(3) State model programs.--The term `State model programs' means the State of New York's Break for Safety program and New York Task Force on Drowsy Driving efforts. ``(4) National programs.--The term `national programs' means the DRIVE ALERT . . . ARRIVE ALIVE, the National Sleep Foundation's Campaign on Drowsy Driving and other programs operated by non-profit organizations. ``(5) Continuous Shoulder Rumble Strip.--The term `continuous shoulder rumble strip' means raised or grooved patterns inserted on the shoulder of a highway to alert drivers drifting off the road that they are doing so. ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated to the Secretary $5,000,000 for the National Highway Traffic Safety Administration for each of fiscal years 2003 through 2008, of which not more than $350,000 may be spent in any fiscal year for administrative costs.''. SEC. 4. FEDERAL RESEARCH ON THE SCOPE OF THE PROBLEM. (a) Study.--The Secretary of Transportation shall conduct a study on the scope of the problem of fatigue-related automobile crashes amongst the general driving public. (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report containing the results of the study.", "summary": "Maggie's Law: National Drowsy Driving Act of 2002 - Authorizes the Secretary of Transportation to enter into agreements with, and make grants to, State highway offices and other driving safety organizations to obtain and distribute national, State, and local drowsy driving education programs and supporting materials.Directs that grant funds be used to: (1) implement programs designed to prevent deaths and injuries due to drivers who are impaired by fatigue and sleep deprivation; (2) develop a standardized curriculum on the risks and prevention of drowsy driving and fall-asleep motor vehicle crashes; (3) collaborate with national drowsy driving campaigns to distribute information and educational messages and to review existing State model programs; (4) adopt policy statements and work plans for the installation and expansion of continuous shoulder rumble strips for interstate highways; (5) adopt codes on accident report forms to report fatigue-related or fall-asleep crashes; (6) provide training in the detection and reporting of drowsy driving as a factor in motor vehicle crashes; and (7) provide education programs to the police and the courts regarding the sanctions available for drowsy driving accidents.Directs the Secretary to study the scope of the problem of fatigue-related automobile crashes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Teachers For Tomorrow Act of 2001''. SEC. 2. REVISION OF TEACHER LOAN FORGIVENESS PROGRAMS. (a) Guaranteed Student Loans.--Part B of title IV of the Higher Education Act of 1965 is amended by-- (1) redesignating section 428K (20 U.S.C. 1078-11) as section 428L; and (2) by inserting after section 428J the following new section: ``SEC. 428K. EXPANDED LOAN FORGIVENESS FOR TEACHERS. ``(a) Purpose.--It is the purpose of this section to expand, subject to the availability of appropriations therefor, the eligibility of individuals to qualify for loan forgiveness for teachers beyond that available under section 428J, in order to provide additional incentives for such individuals to enter and continue in the teaching profession. ``(b) Program Authorized.-- ``(1) In general.--From the sums appropriated pursuant to subsection (i), the Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (c), for any new borrower on or after October 1, 1998, who is not eligible for loan forgiveness under section 428J, but who-- ``(A) is employed as a full-time teacher-- ``(i) in a public elementary or secondary school; ``(ii) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public secondary school in which the borrower is employed; and ``(iii) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, or other areas of the elementary school curriculum; ``(B) has a State certification (which may include certification obtained through alternative means) or a State license to teach, and has not failed to comply with State or local accountability standards; and ``(C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Selection of recipients.--The Secretary shall by regulations, establish a formula that ensures fairness and equality for applicants in the selection of borrowers for loan repayment under this section, based on the amount available pursuant to subsection (i). ``(c) Qualified Loans Amount.-- ``(1) In general.--The Secretary shall repay not more than the percentage specified in paragraph (2) of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of each complete school year of teaching described in subsection (b)(1). No borrower may receive a reduction of loan obligations under both this section and section 460. ``(2) Percentage eligible.--The percent of the loan obligation which the Secretary shall repay under paragraph (1) of this subsection is-- ``(A) in the case of teaching in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools, 25 percent for the first or second year of such service, and 50 percent for the third year of such service; or ``(B) in the case of any other public elementary or secondary school, 15 percent for the first or second year of such service, 20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service. ``(3) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(4) Treatment of years of service for continuing education loans.--For purposes of paragraph (2), the year of service is determined on the basis of the academic year that the borrower began the service as a full-time teacher, except that in the case of a borrower who incurs a loan obligation for continuing education expenses while teaching, the year of service is determined on the basis of the academic year following the academic year for which the loan obligation was incurred. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) List.--If the list of schools in which a teacher may perform service pursuant to subsection (c)(2)(A) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination. ``(g) Additional Eligibility Provisions.-- ``(1) Continued eligibility.--Any teacher who performs service in a school that-- ``(A) meets the requirements of subsection (b)(1)(A) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(2) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). ``(h) Definition.--For purposes of this section, the term `year', where applied to service as a teacher, means an academic year as defined by the Secretary. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.''. (b) Direct Student Loans.--Part D of title IV of the Higher Education Act of 1965 is amended by inserting after section 460 the following new section: ``SEC. 460A. EXPANDED LOAN FORGIVENESS FOR TEACHERS. ``(a) Purpose.--It is the purpose of this section to expand, subject to the availability of appropriations therefor, the eligibility of individuals to qualify for loan forgiveness for teachers beyond that available under section 460, in order to provide additional incentives for such individuals to enter and continue in the teaching profession. ``(b) Program Authorized.-- ``(1) In general.--From the sums appropriated pursuant to subsection (i), the Secretary shall carry out canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any new borrower on or after October 1, 1998, who is not eligible for loan forgiveness under section 460, but who-- ``(A) is employed as a full-time teacher-- ``(i) in a public elementary or secondary school; ``(ii) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public secondary school in which the borrower is employed; and ``(iii) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, or other areas of the elementary school curriculum; ``(B) has a State certification (which may include certification obtained through alternative means) or a State license to teach, and has not failed to comply with State or local accountability standards; and ``(C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Selection of recipients.--The Secretary shall by regulations, establish a formula that ensures fairness and equality for applicants in the selection of borrowers for loan repayment under this section, based on the amount available pursuant to subsection (i). ``(c) Qualified Loans Amount.-- ``(1) In general.--The Secretary shall cancel not more than the percentage specified in paragraph (2) of the loan obligation on a loan made under this part that is outstanding after the completion of each complete school year of teaching described in subsection (b)(1). No borrower may receive a reduction of loan obligations under both this section and section 428J. ``(2) Percentage eligible.--The percent of the loan obligation which the Secretary shall cancel under paragraph (1) of this subsection is-- ``(A) in the case of teaching in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools, 25 percent for the first or second year of such service, and 50 percent for the third year of such service; or ``(B) in the case of any other public elementary or secondary school, 15 percent for the first or second year of such service, 20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service. ``(3) Treatment of consolidation loans.--A loan amount for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(4) Treatment of years of service for continuing education loans.--For purposes of paragraph (2), the year of service is determined on the basis of the academic year that the borrower began the service as a full-time teacher, except that in the case of a borrower who incurs a loan obligation for continuing education expenses while teaching, the year of service is determined on the basis of the academic year following the academic year for which the loan obligation was incurred. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) List.--If the list of schools in which a teacher may perform service pursuant to subsection (c)(2)(A) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination. ``(g) Additional Eligibility Provisions.-- ``(1) Continued eligibility.--Any teacher who performs service in a school that-- ``(A) meets the requirements of subsection (b)(1)(A) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(2) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). ``(h) Definition.--For purposes of this section, the term `year', where applied to service as a teacher, means an academic year as defined by the Secretary. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.''. SEC. 3. NO INCOME TAX BY REASON OF LOAN FORGIVENESS. Subsection (f) of section 108 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Loan forgiveness for teachers.--In the case of an individual, gross income does not include any amount which (but for this paragraph) would be includible in gross income by reason of the discharge (in whole or in part) of any loan if such discharge was pursuant to section 428J, 428K, 460, or 460A of the Higher Education Act of 1965 (20 U.S.C. 1078-10), as in effect on the date of the enactment of this paragraph.''", "summary": "Teachers for Tomorrow Act of 2001 - Amends the Higher Education Act of 1965 (HEA) to establish new programs for teacher student loan forgiveness, under the guaranteed loan program and the direct loan program. Requires three consecutive complete school years of full-time teaching in a public elementary or secondary school as: (1) a secondary school teacher of a subject area relevant to the borrower's academic major; or (2) an elementary school teacher who has demonstrated knowledge and teaching skills in reading, writing, mathematics, and other curriculum areas.Amends the Internal Revenue Code to exclude from a teacher's gross income any student loan amounts discharged under both the current HEA programs and those added by this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 110,000,000 orphans live in sub-Saharan Africa, Asia, Latin America, and the Caribbean. These children often are disadvantaged in numerous and devastating ways and most households with orphans cannot meet the basic needs of health care, food, clothing, and educational expenses. (2) It is estimated that 121,000,000 children worldwide do not attend school and that the majority of such children are young girls. According to the United Nations Children's Fund (UNICEF), orphans are less likely to be in school and more likely to be working full time. (3) School food programs, including take-home rations, in developing countries provide strong incentives for children to remain in school and continue their education. School food programs can reduce short-term hunger, improve cognitive functions, and enhance learning, behavior, and achievement. (4) Financial barriers, such as school fees and other costs of education, prevent many orphans and other vulnerable children in developing countries from attending school. Providing children with free primary school education, while simultaneously ensuring that adequate resources exist for teacher training and infrastructure, would help more orphans and other vulnerable children obtain a quality education. (5) The trauma that results from the loss of a parent can trigger behavior problems of aggression or emotional withdrawal and negatively affect a child's performance in school and the child's social relations. Children living in families affected by HIV/AIDS or who have been orphaned by AIDS often face stigmatization and discrimination. Providing culturally appropriate psychosocial support to such children can assist them in successfully accepting and adjusting to their circumstances. (6) Orphans and other vulnerable children in developing countries routinely are denied their inheritance or encounter difficulties in claiming the land and other property which they have inherited. Even when the inheritance rights of women and children are spelled out in law, such rights are difficult to claim and are seldom enforced. In many countries it is difficult or impossible for a widow, even if she has young children, to claim property after the death of her husband. (7) The HIV/AIDS pandemic has had a devastating affect on children and is deepening poverty in entire communities and jeopardizing the health, safety, and survival of all children in affected areas. (8) The HIV/AIDS pandemic has increased the number of orphans worldwide and has exacerbated the poor living conditions of the world's poorest and most vulnerable children. AIDS has created an unprecedented orphan crisis, especially in sub-Saharan Africa, where children have been hardest hit. An estimated 14,000,000 orphans have lost 1 or both parents to AIDS. By 2010, it is estimated that over 25,000,000 children will have been orphaned by AIDS. (9) Approximately 2,500,000 children under the age of 15 worldwide have HIV/AIDS. Every day another 2,000 children under the age of 15 are infected with HIV. Without treatment, most children born with HIV can expect to die by age two, but with sustained drug treatment through childhood, the chances of long-term survival and a productive adulthood improve dramatically. (10) Few international development programs specifically target the treatment of children with HIV/AIDS in developing countries. Reasons for this include the perceived low priority of pediatric treatment, a lack of pediatric health care professionals, lack of expertise and experience in pediatric drug dosing and monitoring, the perceived complexity of pediatric treatment, and mistaken beliefs regarding the risks and benefits of pediatric treatment. (11) Although a number of organizations seek to meet the needs of orphans or other vulnerable children, extended families and local communities continue to be the primary providers of support for such children. (12) The HIV/AIDS pandemic is placing huge burdens on communities and is leaving many orphans with little support. Alternatives to traditional orphanages, such as community-based resource centers, continue to evolve in response to the massive number of orphans that has resulted from the pandemic. (13) The AIDS orphans crisis in sub-Saharan Africa has implications for political stability, human welfare, and development that extend far beyond the region, affecting governments and people worldwide, and this crisis requires an accelerated response from the international community. (14) Although section 403(b) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673(b)) establishes the requirement that not less than 10 percent of amounts appropriated for HIV/AIDS assistance for each of fiscal years 2006 through 2008 shall be expended for assistance for orphans and other vulnerable children affected by HIV/AIDS, there is an urgent need to provide assistance to such children prior to 2006. (15) Numerous United States and indigenous private voluntary organizations, including faith-based organizations, provide assistance to orphans and other vulnerable children in developing countries. Many of these organizations have submitted applications for grants to the Administrator of the United States Agency for International Development to provide increased levels of assistance for orphans and other vulnerable children in developing countries. (16) Increasing the amount of assistance that is provided by the Administrator of the United States Agency for International Development through United States and indigenous private voluntary organizations, including faith-based organizations, will provide greater protection for orphans and other vulnerable children in developing countries. (17) It is essential that the United States Government adopt a comprehensive approach for the provision of assistance to orphans and other vulnerable children in developing countries. A comprehensive approach would ensure that important services, such as basic care, psychosocial support, school food programs, increased educational opportunities and employment training and related services, the protection and promotion of inheritance rights for such children, and the treatment of orphans and other vulnerable children with HIV/AIDS, are made more accessible. (18) Assistance for orphans and other vulnerable children can best be provided by a comprehensive approach of the United States Government that-- (A) ensures that Federal agencies and the private sector coordinate efforts to prevent and eliminate duplication of efforts and waste in the provision of such assistance; and (B) to the maximum extent possible, focuses on community-based programs that allow orphans and other vulnerable children to remain connected to the traditions and rituals of their families and communities. SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN IN DEVELOPING COUNTRIES. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following section: ``SEC. 135. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN. ``(a) Findings.--Congress finds the following: ``(1) There are more than 110,000,000 orphans living in sub-Saharan Africa, Asia, Latin America, and the Caribbean. ``(2) The HIV/AIDS pandemic has created an unprecedented orphan crisis, especially in sub-Saharan Africa, where children have been hardest hit. The pandemic is deepening poverty in entire communities, and is jeopardizing the health, safety, and survival of all children in affected countries. It is estimated that 14,000,000 children have lost one or both parents to AIDS. ``(3) The orphans crisis in sub-Saharan Africa has implications for human welfare, development, and political stability that extend far beyond the region, affecting governments and people worldwide. ``(4) Extended families and local communities are struggling to meet the basic needs of orphans and vulnerable children by providing food, health care including treatment of children living with HIV/AIDS, education expenses, and clothing. ``(5) Providing assistance to such children is an important expression of the humanitarian concern and tradition of the people of the United States. ``(b) Definitions.--In this section: ``(1) AIDS.--The term `AIDS' has the meaning given the term in section 104A(g)(1) of this Act. ``(2) Children.--The term `children' means persons who have not attained the age of 18. ``(3) HIV/AIDS.--The term `HIV/AIDS' has the meaning given the term in section 104A(g)(3) of this Act. ``(4) Orphan.--The term `orphan' means a child deprived by death of one or both parents. ``(5) Psychosocial support.--The term `psychosocial support' includes care that addresses the ongoing psychological and social problems that affect individuals, their partners, families, and caregivers in order to alleviate suffering, strengthen social ties and integration, provide emotional support, and promote coping strategies. ``(c) Assistance.--The President is authorized to provide assistance, including providing such assistance through international or nongovernmental organizations, for programs in developing countries to provide basic care and services for orphans and other vulnerable children. Such programs should provide assistance-- ``(1) to support families and communities to mobilize their own resources through the establishment of community-based organizations to provide basic care for orphans and other vulnerable children; ``(2) for school food programs, including the purchase of local or regional foodstuffs where appropriate; ``(3) to increase primary school enrollment through the elimination of school fees, where appropriate, or other barriers to education while ensuring that adequate resources exist for teacher training and infrastructure; ``(4) to provide employment training and related services for orphans and other vulnerable children who are of legal working age; ``(5) to protect and promote the inheritance rights of orphans, other vulnerable children, and widows; ``(6) to provide culturally appropriate psychosocial support to orphans and other vulnerable children; and ``(7) to treat orphans and other vulnerable children with HIV/AIDS through the provision of pharmaceuticals, the recruitment and training of individuals to provide pediatric treatment, and the purchase of pediatric-specific technologies. ``(d) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2005 and 2006. ``(2) Availability of funds.--Amounts made available under paragraph (1) are authorized to remain available until expended and are in addition to amounts otherwise available for such purposes. ``(3) Relationship to other laws.--Amounts made available for assistance pursuant to this subsection, and amounts made available for such assistance pursuant to any other provision of law, may be used to provide such assistance notwithstanding any other provision of law.''. SEC. 4. STRATEGY OF THE UNITED STATES. (a) Requirement for Strategy.--Not later than 180 days after the date of enactment of this Act, the President shall develop, and submit to the appropriate congressional committees, a strategy for coordinating, implementing, and monitoring assistance programs for orphans and vulnerable children. (b) Consultation.--The President should consult with employees of the field missions of the United States Agency for International Development in developing the strategy required by subsection (a) to ensure that such strategy-- (1) will not impede the efficiency of implementing assistance programs for orphans and vulnerable children; and (2) addresses the specific needs of indigenous populations. (c) Content.--The strategy required by subsection (a) shall include-- (1) the identity of each agency or department of the Federal Government that is providing assistance for orphans and vulnerable children in foreign countries; (2) a description of the efforts of the head of each such agency or department to coordinate the provision of such assistance with other agencies or departments of the Federal Government or nongovernmental entities; (3) a description of a coordinated strategy, including coordination with other bilateral and multilateral donors, to provide the assistance authorized in section 135 of the Foreign Assistance Act of 1961, as added by section 3 of this Act; (4) an analysis of additional coordination mechanisms or procedures that could be implemented to carry out the purposes of such section; (5) a description of a monitoring system that establishes performance goals for the provision of such assistance and expresses such goals in an objective and quantifiable form, to the extent feasible; and (6) a description of performance indicators to be used in measuring or assessing the achievement of the performance goals described in paragraph (5). SEC. 5. ANNUAL REPORT. Not later than one year after the date on which the President submits the strategy required by section 4(a) to the appropriate congressional committees, and annually thereafter, the President shall submit a report to the appropriate congressional committees on the implementation of this Act. SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives.", "summary": "Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance, including through nongovernmental or international organizations, for basic care for orphans and other vulnerable children in developing countries, including assistance for: (1) community-based care; (2) school food programs; (3) education and employment training; (4) mental health care; (5) protection of inheritance rights; and (6) HIV/AIDS care. Directs the President to develop a coordinating strategy for such assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Regulating Act of 1999''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) increase the transparency of important regulatory decisions; (2) promote effective congressional oversight to ensure that agency rules fulfill statutory requirements in an efficient, effective, and fair manner; and (3) increase the accountability of Congress and the agencies to the people they serve. SEC. 3. DEFINITIONS. In this Act, the term-- (1) ``agency'' has the meaning given such term under section 551(1) of title 5, United States Code; (2) ``economically significant rule'' means any proposed or final rule, including an interim or direct final rule, that may have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; and (3) ``independent analysis'' means a substantive review of the agency's underlying assessments and assumptions used in developing the regulatory action and whatever additional analysis the Comptroller General determines to be necessary. SEC. 4. PILOT PROJECT FOR REPORT ON RULES. (a) In General.-- (1) Request of review.--When an agency develops or issues an economically significant rule, the Comptroller General of the United States may review the rule at the request of a committee of either House of Congress. (2) Report.--The Comptroller General shall submit a report on each economically significant rule selected under paragraph (4) to the committees of jurisdiction in each House of Congress not later than 180 calendar days after a committee request is received. The report shall include an independent analysis of the economically significant rule by the Comptroller General using any relevant data or analyses available to or generated by the General Accounting Office. (3) Independent analysis.--The independent analysis of the economically significant rule by the Comptroller General under paragraph (2) shall include-- (A) an analysis of the potential benefits of the rule, including any beneficial effects that cannot be quantified in monetary terms and the identification of the persons or entities likely to receive the benefits; (B) an analysis of the potential costs of the rule, including any adverse effects that cannot be quantified in monetary terms and the identification of the persons or entities likely to bear the costs; (C) an analysis of alternative approaches that could achieve the statutory goal in a more cost- effective manner or that could provide greater net benefits, and, if applicable, a brief explanation of any reason why such alternatives could not be adopted; (D) an analysis of the extent to which the rule would affect State or local governments; and (E) a summary of how the results of the analysis of the Comptroller General differ, if at all, from the results of the analyses of the agency in promulgating the rule. (4) Procedures for priorities of requests.--The Comptroller General shall have discretion to develop procedures for determining the priority and number of requests for review under paragraph (1) for which a report will be submitted under paragraph (2). (b) Cooperation with Comptroller General.--Each agency shall cooperate with the Comptroller General by promptly providing the Comptroller General with such records and information that the Comptroller General determines necessary to carry out this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the General Accounting Office to carry out this Act $5,200,000 for each of fiscal years 2000 through 2002. SEC. 6. EFFECTIVE DATE AND DURATION OF PILOT PROJECT. (a) Effective Date.--This Act and the amendments made by this Act shall take effect 90 days after the date of enactment of this Act. (b) Duration of Pilot Project.--The pilot project under this Act shall continue for a period of 3 years, if in each fiscal year, or portion thereof included in that period, a specific annual appropriation not less than $5,200,000 or the pro-rated equivalent thereof shall have been made for the pilot project. (c) Report.--Before the conclusion of the 3-year period, the Comptroller General shall submit to Congress a report reviewing the effectiveness of the pilot project and recommending whether or not Congress should permanently authorize the pilot project.", "summary": "Truth in Regulating Act of 1999 - Allows the Comptroller General, when a Federal agency develops or issues an economically significant rule, to review the rule at the request of a committee of either House of Congress. Defines \"economically significant rule\" to mean any proposed or final rule, including an interim or direct final rule, that may have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. Requires the Comptroller General to submit a report on each rule reviewed, including an independent analysis of the costs and benefits, alternative approaches, impact on State and local governments, and differences from the agency's analyses. Grants the Comptroller General discretion to develop procedures for determining the priority and number of requests for review. Authorizes appropriations for FY 2000 through 2002. Provides for the pilot project established under this Act to continue for a three-year period, if specified appropriations are provided. Requires the Comptroller General to report to Congress on such project's effectiveness and on whether it should be authorized permanently."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Health Professionals Education Debt Reduction Act''. SEC. 2. PROGRAM OF ASSISTANCE IN THE PAYMENT OF EDUCATION DEBTS INCURRED BY CERTAIN VETERANS HEALTH ADMINISTRATION EMPLOYEES. (a) Program.--(1) Chapter 76 of title 38, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--EDUCATION DEBT REDUCTION PROGRAM ``Sec. 7661. Authority for program ``(a) The Secretary may carry out an education debt reduction program under this subchapter. The program shall be known as the Department of Veterans Affairs Education Debt Reduction Program (hereafter in this subchapter referred to as the `Education Debt Reduction Program'). The purpose of the program is to assist personnel serving in health-care positions in the Veterans Health Administration in reducing the amount of debt incurred by such personnel in completing educational programs that qualify such personnel for such service. ``(b) Such assistance shall be in addition to the assistance available to individuals under the Educational Assistance Program established under this chapter. ``Sec. 7662. Eligibility; application ``(a) An individual eligible to participate in the Education Debt Reduction Program is any individual (other than a physician or dentist)-- ``(1) who is serving in a position in the Veterans Health Administration under an appointment under section 7402(b) of this title; and ``(2) who owes-- ``(A) any amount of principal or interest under a loan the proceeds of which were used by or on behalf of the individual to pay costs relating to a course of education or training at a qualifying educational institution which course led to a degree that qualified the individual for a position referred to in paragraph (1); or ``(B) any amount of principal or interest under a loan the proceeds of which are being used by or on behalf of the individual to pay costs relating to a course of education or training at a qualifying educational institution which course leads to a degree that qualifies the individual for such a position. ``(b) Any eligible individual seeking to participate in the Education Debt Reduction Program shall submit an application to the Secretary relating to such participation. ``Sec. 7663. Preference for assistance ``In selecting individuals for assistance under the Education Debt Reduction Program, the Secretary shall give preference to the following: ``(1) Individuals who have completed or are engaged in, as the case may be, a two-year or four-year course of education or training at an undergraduate institution leading to a degree that qualified or qualifies, as the case may be, the individuals for a position referred to in section 7662(a)(1) of this title. ``(2) Individuals who serve in the Veterans Health Administration-- ``(A) in areas in which the recruitment or retention of an adequate supply of qualified health- care personnel is difficult (as determined by the Secretary); or ``(B) in positions for which the recruitment or retention of such a supply of such personnel is difficult (as so determined). ``Sec. 7664. Amount of assistance ``(a) Subject to subsection (b), the Secretary may pay to an individual selected to receive assistance under the Education Debt Reduction Program an amount not to exceed $4,000 (adjusted in accordance with section 7631 of this title) for each full year served by the individual in a position in the Veterans Health Administration under section 7402(b) of this title (other than a position referred to in paragraph (1) or (2) of such section) after the date of such individual's selection. ``(b)(1) An individual may receive assistance under the Education Debt Reduction Program only to assist the individual in paying amounts (including principal and interest) owed by the individual under a loan referred to in section 7662(a)(2) of this title. ``(2) An individual may receive assistance under the Education Debt Reduction Program for a year if-- ``(A) the individual serves for the full year in a position referred to in subsection (a); and ``(B) maintains an acceptable level of performance during such service. ``(3) The total amount of assistance received by an individual under the Education Debt Reduction Program may not exceed $12,000 (adjusted in accordance with section 7631 of this title).''. (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following: ``SUBCHAPTER VI--EDUCATION DEBT REDUCTION PROGRAM ``7661. Authority for program. ``7662. Eligibility; application. ``7663. Preference for assistance. ``7664. Amount of assistance.''. (b) Conforming Amendments.--Section 7631 of title 38, United States Code, is amended-- (1) in subsection (a), by striking out ``and the maximum Selected Reserve member stipend amount'' and inserting in lieu thereof ``the maximum Selected Reserve stipend amount, and the education debt reduction amount and limitation''; and (2) in subsection (b)-- (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph (4): ``(4) The term `education debt reduction amount and limitation' means the maximum amount of assistance, and the limitation applicable to such assistance, for a person receiving assistance under subchapter VI of this chapter, as specified in section 7663 of this title and as previously adjusted (if at all) in accordance with this subsection.''. (c) Regulations.--The Secretary of Veterans Affairs shall prescribe regulations necessary to carry out the Education Debt Reduction Program established under subchapter VI of chapter 76 of title 38, United States Code (as added by subsection (a)). The Secretary shall prescribe such regulations not later than 90 days after the date of the enactment of this Act. (d) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of the Education Debt Reduction Program and the Department of Veterans Affairs Health Professional Scholarship Program established under subchapter II of chapter 76 of title 38, United States Code, in assisting the Secretary in the recruitment and retention of qualified health-care professionals for positions in the Veterans Health Administration. (e) Authorization of Appropriations.--(1) There is authorized to be appropriated for the Department of Veterans Affairs $10,000,000 for each of fiscal years 1994 through 1998 to carry out the Education Debt Reduction Program. (2) No funds may be used to provide assistance under the program unless expressly provided for in an appropriation Act. (f) Exemption from Limitation.--Section 523(b) of the Veterans Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 7601 note) shall not apply to the Education Debt Reduction Program.", "summary": "Department of Veterans Affairs Health Professionals Education Debt Reduction Act - Authorizes the Secretary of Veterans Affairs to carry out the Department of Veterans Affairs Education Debt Reduction Program to assist Department health-care personnel serving in the Veterans Health Administration in reducing the amount of debt incurred in completing educational programs that qualify such personnel for such service. Makes eligible for such Program any individual other than a physician or dentist serving in a Department health care position and having an outstanding health education loan from a qualified educational institution. Provides certain assistance preferences. Limits the assistance to $4,000 for each full year served in a Department health-care position, up to a $12,000 maximum. Authorizes appropriations for the Program for FY 1994 through 1998."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Regional Energy Partnerships for Advancing Resilient Energy Systems Act'' or the ``PREPARE Act''. SEC. 2. FINDINGS. Congress finds that-- (1) energy systems in the United States are in a period of significant change; (2) aging infrastructure, new technologies, increasing complexity, and growing threats are posing new challenges to energy systems and their resilience; (3) the interconnected nature of energy systems means regional energy strategies and plans will be more effective at preparing for challenges and mitigating risks; (4) States have distinct needs and unique energy, environmental, and economic goals and will play a critical role in developing and implementing regional energy strategies and plans; (5) the views and participation of a broad range of stakeholders in the development and implementation of regional energy strategies and plans is needed for success; and (6) the Federal Government, in the role of a long-term strategic energy partner, can effectively-- (A) establish strategic alliances with States; (B) convene stakeholders; (C) facilitate the process of developing regional energy strategies and plans; and (D) provide technical assistance and support in implementation. SEC. 3. DEFINITIONS. In this Act: (1) Cooperative agreement.--The term ``cooperative agreement'' has the meaning given the term in sections 6302 and 6305 of title 31, United States Code. (2) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of Energy, acting through the Assistant Secretary of the Office of Electricity Delivery and Energy Reliability in consultation with the Assistant Secretary of Energy Efficiency and Renewable Energy, the Assistant Secretary of Fossil Energy, and the Director of the Office of Nuclear Energy, Science, and Technology Programs; and (B) the Secretary of the Interior, acting through the Assistant Secretary for Land and Minerals Management in consultation with the Director of the Bureau of Land Management, the Director of the Bureau of Ocean Energy Management, the Assistant Secretary for Indian Affairs, and the Assistant Secretary for Fish and Wildlife and Parks. (3) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. SEC. 4. REGIONAL ENERGY PARTNERSHIPS. (a) In General.--The Secretaries shall provide assistance in accordance with this section for the purpose of developing energy strategies and plans that help harmonize and promote national, regional, and State energy goals, including goals for advancing resilient energy systems to mitigate risks and prepare for emerging energy challenges. (b) Technical Assistance.--The Secretaries may provide such technical assistance to States, political subdivisions of States, substate regional organizations (including organizations that cross State boundaries), multistate regional organizations, Indian tribes, and nonprofit organizations as the Secretaries determine appropriate to promote-- (1) the development and improvement of regional energy strategies and plans that sustain and promote energy system modernization across the United States; (2) investment in energy infrastructure, technological capacity, innovation, and workforce development to keep pace with the changing energy ecosystem; (3) structural transformation of the financial, regulatory, legal, and institutional systems that govern energy planning, production, and delivery within States and regions; and (4) public-private partnerships for the implementation of regional energy strategies and plans. (c) Cooperative Agreements.-- (1) In general.--The Secretaries may enter into cooperative agreements with 1 or more States and Indian tribes, on a regional basis, to develop and implement strategies and plans to address the energy challenges of States, Indian tribes, and regions. (2) Requirements.--A cooperative agreement entered into under this subsection shall include provisions covering or providing-- (A) the purpose and goals of the cooperative agreement, such as advancing energy efficiency, clean energy, fuel and supply diversity, energy system resiliency, economic development, or other goals to make measurable, significant progress toward specified metrics and objectives that are agreed to by the States or Indian tribes and the Secretaries; (B) the roles and responsibilities of the States or Indian tribes and the Secretaries for various functions of the cooperative agreement, including outreach, communication, resources, and capabilities; (C) a comprehensive framework for the development of energy strategies and plans for States, Indian tribes, or regions; (D) timeframes with associated metrics and objectives; (E) a governance structure to resolve conflicts and facilitate decisionmaking consistent with underlying authorities; and (F) other provisions determined necessary by the Secretaries, in consultation with the States or Indian tribes, to achieve the purposes described in paragraph (1). (d) Staff.-- (1) In general.--Not later than 30 days after the date of the entering into a cooperative agreement under subsection (c), the Secretaries shall, as appropriate, assign or employ individuals who have expertise in the technical and regulatory issues relating to the cooperative agreement, including particular expertise in (as applicable)-- (A) energy systems integration; (B) renewable energy and energy efficiency; (C) innovative financing mechanisms; (D) utility regulatory policy; (E) modeling and analysis; (F) facilitation and arbitration; (G) energy assurance and emergency preparedness; and (H) cyber and physical security of energy systems. (2) Duties.--Each individual assigned to carry out a cooperative agreement under paragraph (1) shall-- (A) report to a location in the applicable State, Indian tribe, or region not later than 90 days after the date of assignment; (B) be responsible for issues and technical assistance relating to the cooperative agreement; (C) participate as part of the team of personnel working on developing and implementing the applicable regional energy strategy and plan; and (D) build capacity within the State, Indian tribe, or region to continue to implement the goals of this Act after the expiration of the cooperative agreement. (e) Comprehensive Framework.--Under a cooperative agreement, a comprehensive framework shall be developed that identifies opportunities and actions across various energy sectors and cross- cutting issue areas, including-- (1) end-use efficiency; (2) energy supply, including electric generation and fuels; (3) energy delivery; (4) transportation; (5) technical integration, including standards and interdependencies; (6) institutional structures; (7) regulatory policies; (8) financial incentives; and (9) market mechanisms. (f) Awards.-- (1) Definitions.--In this subsection: (A) Application group.--The term ``application group'' means a group of States or Indian tribes that have-- (i) entered into a cooperative agreement, on a regional basis, with the Secretaries under subsection (c); and (ii) submitted an application for an award under paragraph (2)(A). (B) Partner state.--The term ``partner State'' means a State or Indian tribe that is part of an application group. (2) Applications.-- (A) In general.--Subject to subparagraph (B), an application group may apply to the Secretaries for awards under this subsection. (B) Individual states.--An individual State or Indian tribe that has entered into a cooperative agreement with the Secretaries under subsection (c) may apply to the Secretaries for an award under this subsection if the State or Indian tribe demonstrates to the Secretaries the uniqueness of the energy challenges facing the State or Indian tribe. (3) Base amount.--Subject to paragraph (4), the Secretaries shall provide 6 awards under this subsection, with a base amount of $20,000,000 for each award. (4) Bonus amount for application groups.-- (A) In general.--Subject to subparagraph (B), the Secretaries shall increase the amount of an award provided under this subsection to an application group for a successful application under paragraph (2)(A) by the quotient obtained by dividing-- (i) the product obtained by multiplying-- (I) the number of partner States in the application group; and (II) $100,000,000; by (ii) the total number of partner States of all successful applications under this subsection. (B) Maximum amount.--The amount of a bonus determined under subparagraph (A) shall not exceed an amount that represents $5,000,000 for each partner State that is a member of the relevant application group. (5) Limitation.--A State or Indian tribe shall not be part of more than 1 award under this subsection. (6) Selection criteria.--In selecting applications for awards under this subsection, the Secretaries shall consider-- (A) existing commitments from States or Indian tribes, such as memoranda of understanding; (B) for States that are part of the contiguous 48 States, the number of contiguous States involved that cover a region; (C) the diversity of the regions represented by all applications; (D) the amount of cost-share or in-kind contributions from States or Indian tribes; (E) the scope and focus of regional and State programs and strategies, with an emphasis on energy system resiliency and grid modernization, efficiency, and clean energy; (F) a management and oversight plan to ensure that objectives are met; (G) an outreach plan for the inclusion of stakeholders in the process for developing and implementing State or regional energy strategies and plans; (H) the inclusion of tribal entities; (I) plans to fund and sustain activities identified in regional energy strategies and plans; and (J) the clarity of roles and responsibilities of each State and the Secretaries. (7) Use of awards.-- (A) In general.--Awards provided under this subsection shall be used to achieve the purpose of this section, including by-- (i) conducting technical analyses, resource studies, and energy system baselines; (ii) convening and providing education to stakeholders on emerging energy issues; (iii) building decision support and planning tools; and (iv) improving communication between and participation of stakeholders. (B) Limitation.--Awards provided under this subsection shall not be used for-- (i) capitalization of green banks or loan guarantees; or (ii) building facilities or funding capital projects. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $250,000,000, to remain available until expended. (b) Allocation.--Of the amount authorized to be appropriated under subsection (a)-- (1) $120,000,000 shall be used for the base amount of awards under section 4(f)(3); (2) $100,000,000 shall be used for the bonus amount of awards under section 4(f)(4); and (3) $30,000,000 shall be for the administration of this Act, including-- (A) the assignment of staff under section 4(d); and (B) if the Secretaries determine appropriate, the sharing of best practices from regional partnerships by parties to cooperative agreements entered into under this Act. (c) State Energy Offices.--Funds provided to a State under this Act shall be provided to the office within the State that is responsible for developing the State energy plan for the State under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). (d) Maintenance of Funding.--The funding provided to States under this Act shall supplement (and not supplant) funding provided under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).", "summary": "Promoting Regional Energy Partnerships for Advancing Resilient Energy Systems Act or the PREPARE Act - Directs the Secretary of Energy (DOE) and the Secretary of the Interior (acting through specified Assistant Secretaries) to provide technical assistance to governmental entities, Indian tribes, and regional and nonprofit organizations to develop energy strategies that harmonize and promote national, regional, and state energy goals. Sets forth an awards program addressing the uniqueness of the energy challenges facing states and Indian tribes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Hazard Assessment and Mitigation Program Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The earthquake and resulting tsunami of December 26, 2004, resulted in the deaths of over 230,000 people in Southeast Asia. (2) The geological fault line along which the December 26th tsunami occurred is mirrored by a fault line that runs along the whole of the west coast of the United States. (3) Scientists predict that there is a 10 to 15 percent chance of a major seismic event along this fault line, the Cascadia Subduction Zone, occurring in the next 50 years. (4) Such an event would probably include both a large-scale earthquake and a tsunami, causing incredible damage to both infrastructure and emergency response services. (5) Numerous false alarms in the past year have demonstrated that many coastal communities are not prepared if such a geological event takes place. SEC. 3. PURPOSE AND GOALS. (a) Purpose.--The purpose of the Community Hazard Assessment and Mitigation Program (CHAMP) is to award one-year grants directly to emergency management departments to build and maintain infrastructure to warn people of an approaching tsunami and to address post-tsunami needs. (b) Goals.--The primary goal of this Act is to provide assistance to meet the needs of emergency management departments regarding tsunami hazard preparedness, mitigation, and response. In part, the program seeks to support departments that lack the tools and resources necessary to protect the health and safety of the public and emergency response personnel with respect to a tsunami and its aftermath. In addition, any improvement in warning systems for the coastal communities will improve all hazard capabilities. SEC. 4. GRANT PROGRAM. (a) Grant Authorization.--The Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Administration, may provide grants in accordance with this Act to certain areas to prepare for a tsunami. (b) Priority.--The Director shall give priority to areas in which the likelihood of a tsunami striking in the next 50 years is 10 percent or greater. (c) Competitive Awards.--In addition to the priority given pursuant to subsection (b), the Director shall award a grant under this Act to emergency management departments on a competitive basis considering financial need, benefit to the community and a demonstrated ability to cooperate with other providers of emergency services. SEC. 5. USE OF FUNDS. An emergency management department that receives a grant under this Act may use grant funds-- (1) to establish or improve warning systems, including the purchase of-- (A) sirens; (B) individual weather radios; (C) public safety agency communications gear; and (D) reverse 911 systems; (2) to purchase public safety agency rescue equipment; (3) to reinforce buildings and facilities in maintaining continuity of critical services, including-- (A) police stations; (B) fire stations; (C) emergency management facilities; (D) hospitals; (E) shelters; and (F) endangered sewer sanitation systems; (4) post-tsunami shelters and supplies; and (5) to develop outreach programs to educate both residents and tourists of different types of tsunami (near shore and far field) and how to react to each type. SEC. 6. MATCHING FUNDS. (a) Population of More Than 50,000.--To be eligible to receive a grant under this Act, an emergency management department serving an area with a population over 50,000 shall provide, with non-Federal funds, 20 percent of the total cost of a project established with a grant provided under this Act. (b) Population Between 20,001 and 50,000.--To be eligible to receive a grant under this Act, an emergency management department serving an area with a population between 20,001 and 50,000 shall provide, with non-Federal funds, 10 percent of the total cost of a project established with a grant provided under this Act. (c) Population Under 20,000.--To be eligible to receive a grant under this Act, an emergency management department serving an area with a population under 20,000 shall provide, with non-Federal funds, 5 percent of the total cost of a project established with a grant provided under this Act. (d) In-Kind Contributions.--In determining the non-Federal share of the total costs of a project, the Secretary shall consider in-kind contributions of an emergency management department, not to exceed 50 percent of the amount that the department contributes in non-Federal funds. SEC. 7. EVALUATION AND REPORT. (a) Evaluation.--Not later than 180 days after grants are awarded under this Act, the Director shall determine if emergency management departments that received a grant under this section meet the standards for certification by the National Oceanic and Atmospheric Administration as being tsunami ready and evaluate the effectiveness and tsunami readiness of programs established pursuant to this Act. (b) Report.--Not later than 90 days after the evaluation is completed under subsection (a), the Director shall report such findings to the appropriate Committees of Congress. SEC. 8. DEFINITIONS. (a) Director.--The term ``Director'' means the Director of the Federal Emergency Management Administration. (b) Emergency Management Department.--The term ``emergency management department'' means an agency or organization that is part of, or has a formally recognized arrangement with, a State, territory, local, or tribal authority (city, county, parish, fire district, township, town, or other governing body) and is responsible for planning, preparing, and providing for the prevention, mitigation, and management of emergencies or disasters that present a threat to the lives and property of the citizens and visitors of the community. (c) State.--The term ``State'' means each of the 50 States and the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and Puerto Rico. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $100,000,000 for each of fiscal years 2007 through 2012 to the Secretary of the Department of Homeland Security to carry out the activities of this Community hazard Assessment and Mitigation Program. (b) Reservation.--From the amount made available to carry out this Act, the Director may reserve 5 percent for administrative costs. (c) Availability.--Such funds shall remain available until expended.", "summary": "Community Hazard Assessment and Mitigation Program Act - Authorizes the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Administration (FEMA), to provide grants to certain areas to prepare for a tsunami. Requires the Director to: (1) give priority to areas in which the likelihood of a tsunami striking in the next 50 years is 10% or greater; and (2) award grants to state, territory, local, or tribal emergency management departments on a competitive basis considering financial need, benefit to the community, and a demonstrated ability to cooperate with other emergency services providers. Authorizes the use of grant funds to: (1) establish or improve warning systems; (2) purchase public safety agency rescue equipment; (3) reinforce buildings and facilities in maintaining continuity of critical services; (4) provide post-tsunami shelters and supplies; and (5) develop outreach programs to educate residents and tourists about different types of tsunamis and how to react to each type. Sets forth matching fund requirements, based on population. Requires the Director to: (1) determine if grant recipients meet National Oceanic and Atmospheric Administration (NOAA) certification standards; and (2) evaluate the effectiveness and tsunami readiness of programs established pursuant to his Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Tax Dodging Prevention Act''. SEC. 2. DEFERRAL OF ACTIVE INCOME OF CONTROLLED FOREIGN CORPORATIONS. Section 952 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Application of Subpart.-- ``(1) In general.--For taxable years beginning after December 31, 2013, notwithstanding any other provision of this subpart, the term `subpart F income' means, in the case of any controlled foreign corporation, the income of such corporation derived from any foreign country. ``(2) Applicable rules.--Rules similar to the rules under the last sentence of subsection (a) and subsection (d) shall apply to this subsection.''. SEC. 3. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Large Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a large integrated oil company to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession. ``(4) Large integrated oil company.--For purposes of this subsection, the term `large integrated oil company' means, with respect to any taxable year, an integrated oil company (as defined in section 291(b)(4)) which-- ``(A) had gross receipts in excess of $1,000,000,000 for such taxable year, and ``(B) has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 4. REINSTITUTION OF PER COUNTRY FOREIGN TAX CREDIT. (a) In General.--Subsection (a) of section 904 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Limitation.--The amount of the credit in respect of the tax paid or accrued to any foreign country or possession of the United States shall not exceed the same proportion of the tax against which such credit is taken which the taxpayer's taxable income from sources within such country or possession (but not in excess of the taxpayer's entire taxable income) bears to such taxpayer's entire taxable income for the same taxable year.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 5. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. (a) In General.--Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Certain Corporations Managed and Controlled in the United States Treated as Domestic for Income Tax.-- ``(1) In general.--Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if-- ``(A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but ``(B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. ``(2) Corporation described.-- ``(A) In general.--A corporation is described in this paragraph if-- ``(i) the stock of such corporation is regularly traded on an established securities market, or ``(ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. ``(B) General exception.--A corporation shall not be treated as described in this paragraph if-- ``(i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, ``(ii) such corporation-- ``(I) is not regularly traded on an established securities market, and ``(II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and ``(iii) the Secretary grants a waiver to such corporation under this subparagraph. ``(C) Exception from gross assets test.-- Subparagraph (A)(ii) shall not apply to a corporation which is a controlled foreign corporation (as defined in section 957) and which is a member of an affiliated group (as defined section 1504, but determined without regard to section 1504(b)(3)) the common parent of which-- ``(i) is a domestic corporation (determined without regard to this subsection), and ``(ii) has substantial assets (other than cash and cash equivalents and other than stock of foreign subsidiaries) held for use in the active conduct of a trade or business in the United States. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ``(B) Executive officers and senior management.-- Such regulations shall provide that-- ``(i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and ``(ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of as sets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act.", "summary": "Corporate Tax Dodging Prevention Act - Amends the Internal Revenue Code, with respect to the taxation of the foreign-source income of domestic corporations, to: (1) eliminate the deferral of tax on the foreign-source income of U.S. corporations for taxable years beginning after December 31, 2013, (2) deny the foreign tax credit to large integrated oil companies that are dual capacity taxpayers, (3) limit the offset of the foreign tax credit to income that is subject to U.S. tax, and (4) treat foreign corporations managed and controlled in the United States as domestic corporations for U.S. tax purposes."}
{"article": "[Congressional Bills 111th Congress] [From the U.S. Government Publishing Office] [H.R. 681 Introduced in House (IH)] 111th CONGRESS 1st Session H. R. 681 To amend the Digital Television Transition and Public Safety Act of 2005 and the Communications Act of 1934 to establish a new digital television transition date, to improve the digital-to-analog converter box program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 26, 2009 Mr. Waxman (for himself, Ms. Baldwin, Mr. Butterfield, Mrs. Capps, Mrs. Christensen, Mr. Doyle, Ms. Eshoo, Mr. Gonzalez, Mr. Gordon of Tennessee, Mr. Gene Green of Texas, Mr. Hill, Mr. Markey of Massachusetts, Mr. Rush, Ms. Schakowsky, Mr. McNerney, Ms. Castor of Florida, Mr. Pallone, Mr. Sarbanes, Mr. Matheson, Mr. Grayson, Mr. Rangel, and Mr. Pierluisi) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Digital Television Transition and Public Safety Act of 2005 and the Communications Act of 1934 to establish a new digital television transition date, to improve the digital-to-analog converter box program, and for other purposes. SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Television Transition Extension Act of 2009''. SEC. 2. EXTENSION OF DTV TRANSITION DEADLINE. (a) Amendments to Communications Act of 1934.-- (1) Section 309.--Section 309(j)(14)(A) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)(A)) is amended by striking ``February 17, 2009'' and inserting ``June 12, 2009''. (2) Section 337.--Section 337(e)(1) of the Communications Act of 1934 (47 U.S.C. 337(e)(1)) is amended by striking ``February 17, 2009'' and inserting ``June 12, 2009''. (b) Amendments to Digital Television Transition and Public Safety Act of 2005.-- (1) Section 3002.--Section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 is amended by striking ``February 18'' each place it appears and inserting ``June 13''. (2) Section 3005.--Section 3005(c)(1) of such Act is amended by striking ``March 31, 2009'' and inserting ``July 31, 2009''. (3) Section 3008.--Section 3008(a)(1) of such Act is amended by striking ``February 17, 2009'' and inserting ``June 12, 2009''. (c) License Terms.-- (1) Extension.--The Federal Communications Commission shall extend the terms of the licenses for the recovered spectrum, including the license period and construction requirements associated with those licenses, for a 116-day period. (2) Definition.--For purposes of this subsection, the term ``recovered spectrum'' means-- (A) the recovered analog spectrum, as such term is defined in section 309(j)(15)(C)(vi) of the Communications Act of 1934; and (B) the spectrum excluded from the definition of recovered analog spectrum by subclauses (I) and (II) of such section. SEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM. (a) Treatment of Expired Coupons.-- (1) In general.--Section 3005(c)(1) of the Digital Television Transition and Public Safety Act of 2005 is amended by adding at the end the following new subparagraph: ``(D) Expired coupons.--The Assistant Secretary shall issue to a household, upon request by the household, one replacement coupon for each coupon that was issued to such household and that expired without being redeemed.''. (2) Conforming amendment.--Section 3005(c)(1)(A) of the Digital Television Transition and Public Safety Act of 2005 is amended by striking ``receives'' and inserting ``redeems''. (b) Expediting Delivery.-- (1) First class mail.--Within 7 days after the date of enactment of this Act, the Assistant Secretary for Communications and Information of the Department of Commerce shall expedite the distribution of coupons issued under section 3005 of the Digital Television Transition and Public Safety Act of 2005 by directing that, if coupons are delivered via the United States Postal Service, such coupons shall be delivered via pre-sorted first class mail service. (2) Conforming amendment.--Section 3005(c)(1)(A) of the Digital Television Transition and Public Safety Act of 2005 is further amended by striking ``, via the United States Postal Service,''. (c) Condition of Modifications.--The amendments made by this section shall not take effect until the enactment of new budget authority to carry out the analog-to-digital converter box program under section 3005 of the Digital Television Transition and Public Safety Act of 2005. SEC. 4. IMPLEMENTATION. (a) Permissive Early Termination Under Existing Requirements.-- Nothing in this Act is intended to prevent a licensee of a television broadcast station from terminating the broadcasting of such station's analog television signal (and continuing to broadcast exclusively in the digital television service) prior to the date established by law under section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 for termination of all licenses for full-power television stations in the analog television service (as amended by section 2 of this Act) so long as such prior termination is conducted in accordance with the Federal Communications Commission's requirements in effect on the date of enactment of this Act, including the flexible procedures established in the Matter of Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television (FCC 07-228, MB Docket No. 07-91, released December 31, 2007). (b) Public Safety Radio Services.-- (1) Use on cleared spectrum.--Notwithstanding the amendments made by section 2, if-- (A) a television broadcast station ceases the broadcasting of such station's analog television service under subsection (a) of this section prior to June 12, 2009, and (B) as a consequence of such cessation, spectrum between frequencies 768 and 776 megahertz, inclusive, and 798 and 806 megahertz, inclusive, becomes available for non-television broadcast use prior to June 12, 2009, the Federal Communications Commission shall permit the use of such spectrum for authorized public safety radio services if the Commission determines that such use is in the public interest and does not cause harmful interference to full-power television stations in the analog or digital television service. (2) Expedited procedures.--The Federal Communications Commission is authorized to use expedited procedures, and to waive such rules as may be necessary, to make a determination on an application made under paragraph (1) to begin such use of such spectrum by a public safety agency (as such term is defined in section 3006(d)(1) of the Digital Television Transition and Public Safety Act of 2005) in not less than 2 weeks after the date of submission of such application. (c) Expedited Rulemaking.--Notwithstanding any other provision of law, the Federal Communications Commission and the National Telecommunications and Information Administration shall, not later than 30 days after the date of enactment of this Act, each adopt or revise its rules, regulations, or orders or take such other actions as may be necessary or appropriate to implement the provisions, and carry out the purposes, of this Act and the amendments made by this Act. SEC. 5. EXTENSION OF COMMISSION AUCTION AUTHORITY. Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ``2011'' and inserting ``2012''. SEC. 6. REPORTS. (a) Monthly Reporting Requirement.--Beginning one month after enactment of this Act and ending on October 31, 2009, the Assistant Secretary shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a monthly report detailing-- (1) the number of unredeemed and unexpired coupons still held by consumers; (2) the number of replacement coupons the National Telecommunications and Information Administration has issued for expired coupons pursuant to section 3005(c)(1) of the Digital Television Transition and Public Safety Act of 2005, as amended by section 3(a) of this Act, during the 30 days prior to the monthly reporting date required by this subsection; (3) the approximate number of analog-to-digital converter boxes available for purchase by consumers; (4) the number of new and replacement coupons issued by the National Telecommunications and Information Administration via postal mail and other delivery methods, including electronic mail; and (5) the remaining amount of funds available to the National Telecommunications and Information Administration to carry out section 3005 of the Digital Television Transition and Public Safety Act of 2005, as amended by this Act and any other Act. (b) Report About Rural Areas.-- (1) In general.--Not later than December 30, 2009, the Federal Communications Commission shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report about the effect of the digital television transition on consumers in rural areas in the United States. (2) Specific requirements.--The report required under paragraph (1) shall include information on the following: (A) Whether rural areas experienced disproportionately more service disruptions than urban and suburban areas. (B) Whether gaps in over-the-air broadcast coverage exist for rural consumers due to the shorter range for digital signals, as compared to analog signals. (C) Recommendations for rectifying significant problems that have arisen in rural areas in the United States as a result of the digital television transition.", "summary": "Digital Television Transition Extension Act of 2009 - Amends the Communications Act of 1934 and the Digital Television Transition and Public Safety Act of 2005 to extend for approximately four months the deadlines related to the transition from analog to digital television broadcasting. Requires the Federal Communications Commission (FCC) to extend for 116 days the terms of the licenses for recovered spectrum. Requires, on request, the reissue of any household digital-to-analog converter box coupons that expired without being redeemed. Requires expediting the delivery of household digital-to-analog converter box coupons by sending them via presorted first class mail. Allows a station to terminate analog broadcasting (and to continue broadcasting exclusively in digital signals) before the date established by law for termination of all full power analog station licenses. Requires the FCC to permit public safety entities to use spectrum thus relinquished if the FCC determines that such use does not cause harmful interference to full-power television stations in the analog or digital service. Extends until September 30, 2012 (currently, September 30, 2011) the FCC's spectrum auction authority."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterinary Workforce Expansion Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Veterinary medicine is an integral and indispensable component of the Nation's public health system. Veterinarians protect human health by preventing and controlling infectious diseases, ensuring the safety and security of the nation's food supply, promoting healthy environments, and providing health care for animals. (2) Veterinarians are essential for early detection and response to unusual disease events that could be linked to newly emerging infectious diseases, such as monkeypox, SARS, and West Nile Virus, or other biothreat agents of concern. (3) There is a need to build national capacity in research and training in the prevention, surveillance, diagnosis, and control of newly emerging and re-emerging infectious diseases. (4) Veterinarians are uniquely qualified to address these high priority public health issues because of their extensive professional training in basic biomedical sciences, population medicine, and broad, multi-species, comparative medical approach to disease prevention and control. (5) There is a shortage of veterinarians working in public health practice. As used in the preceding sentence, the term ``public health practice'' includes bioterrorism and emergency preparedness, environmental health, food safety and food security, regulatory medicine, diagnostic laboratory medicine, and biomedical research. (6) The Bureau of Labor Statistics expects there to be 28,000 job openings in the veterinary medical profession by 2012 due to growth and net replacements, a turnover of nearly 38 percent. (7) The Nation's veterinary medical colleges do not have the capacity to satisfy the current and future demand for veterinarians and veterinary expertise that is vital to maintain public health preparedness. SEC. 3. COMPETITIVE GRANTS PROGRAM. Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following: ``Subpart 3--Veterinary Medicine ``SEC. 771. COMPETITIVE GRANT PROGRAM. ``(a) In General.--The Secretary shall award competitive grants to eligible entities for the purpose of improving public health preparedness through increasing the number of veterinarians in the workforce. ``(b) Eligible Entities.--To be eligible to receive a grant under subsection (a), an entity shall-- ``(1) be-- ``(A) a public or other nonprofit school of veterinary medicine, department of comparative medicine, department of veterinary science, school of public health, or school of medicine that offers postgraduate training for veterinarians in a public health practice area as determined by the Secretary; and ``(B) accredited by a recognized body or bodies approved for such purpose by the Department of Education; and ``(2) prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. ``(c) Consideration of Applications.--The Secretary shall establish procedures to ensure that applications under subsection (b)(2) are rigorously reviewed and that grants are competitively awarded based on-- ``(1) the ability of the applicant to increase the number of veterinarians who are trained in specified public practice areas as determined by the Secretary; ``(2) the ability of the applicant to increase capacity in research on high priority disease agents; or ``(3) any other consideration the Secretary determines necessary. ``(d) Preference.--In awarding grants under subsection (a)(1), the Secretary shall give preference to applicants that demonstrate a comprehensive approach by involving more than one school of veterinary medicine, department of comparative medicine, department of veterinary science, school of public health, or school of medicine that offers postgraduate training for veterinarians in a public health practice area as determined by the Secretary. ``(e) Use of Funds.--Amounts received under a grant under this subsection shall be used by a grantee to increase the number of veterinarians in the workforce through-- ``(1) paying the costs associated with construction, the acquisition of equipment, and other capital costs relating to the expansion of existing schools of veterinary medicine, departments of comparative medicine, or departments of veterinary science; or ``(2) paying the capital costs associated with the expansion of academic programs that offer postgraduate training for veterinarians or concurrent training for veterinary students in specific areas of specialization. ``(f) Definition.--In this section, the term `public health practice' includes bioterrorism and emergency preparedness, environmental health, food safety and food security, regulatory medicine, diagnostic laboratory medicine, and biomedical research. ``(g) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section, $300,000,000 for fiscal year 2006, and $1,264,000,000 for the 9-fiscal year period beginning with fiscal year 2007. Amounts appropriated under this subsection shall remain available until expended. ``(2) Requirement.--Not more than 25 percent of the amount appropriated under paragraph (1) in each fiscal year shall be made available to schools of veterinary medicine that were established after the date of enactment of this section.''.", "summary": "Veterinary Workforce Expansion Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to eligible entities to improve public health preparedness through increasing the number of veterinarians in the workforce. Defines \"eligible entities\" as accredited public or nonprofit schools of veterinary medicine, departments of comparative medicine, departments of veterinary science, schools of public health, or schools of medicine that offer training for veterinarians in a public health practice area. Requires the Secretary to give preference to applicants that demonstrate a comprehensive approach by involving more than one eligible entity. Allows grantees to use funds to: (1) pay the costs associated with construction, the acquisition of equipment, and other capital costs relating to the expansion of existing schools or departments; and (2) pay the capital costs associated with the expansion of academic programs that offer postgraduate training for veterinarians or concurrent training for veterinary students in specific areas of specialization"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cooperative Agricultural Programs Extended Retirement Credit Act of 1993''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to make creditable, for purposes of the Civil Service Retirement System, periods of service in certain qualified Federal-State cooperative programs which had agricultural or related purposes; and (2) to expedite the retirement of certain Federal Government employees by providing them improved retirement opportunities at typical retirement ages, thereby mitigating potentially adverse effects of deficit-control measures on the welfare of those and other employees of the Department of Agriculture. SEC. 3. CREDITABILITY OF PRIOR SERVICE. (a) In General.--Subject to section 8334(c) of title 5, United States Code, upon application to the Office of Personnel Management within 6 months after the date of the enactment of this Act, any individual who is an employee (as defined by section 8331(1) or 8401(11) of such title) on such date shall be allowed credit under subchapter III of chapter 83 of such title for any service if such service was performed by such individual-- (1) before January 1, 1984; and (2) as an employee of a State, or an instrumentality of a State, in which capacity such individual performed duties relating to the carrying out of a program described in subsection (b). (b) Description of Programs.--The programs referred to in subsection (a) are-- (1) the Federal-State cooperative program of agricultural research of the State agricultural experiment stations as defined in section 1 of the Act entitled ``An Act to consolidate the Hatch Act of 1887 and laws supplementary thereto relating to the appropriation of Federal funds for support of agricultural experiment stations in the States, Alaska, Hawaii, and Puerto Rico'', approved August 11, 1955 (69 Stat. 671); (2) the Federal-State cooperative program of forestry research at eligible institutions of the State as defined in section 2 of the Act entitled ``An Act to authorize the Secretary of Agriculture to encourage and assist the several States in carrying on a program of forestry research, and for other purposes'', approved October 10, 1962 (76 Stat. 806), and popularly referred to as the ``McIntire-Stennis Act''; (3) the Federal-State cooperative program of agricultural research for the fiscal year ending June 30, 1967 and later fiscal years at the 1890 land-grant colleges, including Tuskegee Institute, as defined in subsection 1445(a) of the ``National Agricultural Research, Extension, and Teaching Policy Act of 1977'', approved September 29, 1977 (91 Stat. 1009); (4) the Federal-State cooperative program of agricultural extension work authorized by the Act entitled ``An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July second, eighteen hundred and sixty-two, and of Acts supplementary thereto, and the United States Department of Agriculture'', approved May 8, 1914 (38 Stat. 372), and acts supplementary thereto; (5) the Federal-State cooperative program of vocational education including, but not limited to, State programs of instruction in vocational agriculture and home economics, authorized by the Act entitled ``An Act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure'', approved February 23, 1917 (39 Stat. 929), and acts supplementary thereto; (6) the Federal-State cooperative program in marketing service and research authorized by the ``Agricultural Marketing Act of 1946'', approved August 14, 1946 (60 Stat. 1087), and predecessor programs, including programs to inspect, certify, and identify the class, quality, quantity, and condition of agricultural products shipped or received in interstate commerce; and programs of inspection and weighing services authorized by the United States Grain Standards Act (7 U.S.C. 71 and following), whether performed by a delegated State agency or a designated private agency; (7) the Federal-State cooperative program for the control of plant pests and animal diseases authorized by the provisions under the subheading ``Federal Horticulture Board'' under the heading ``Department of Agriculture'' in the Act entitled ``An Act making appropriations to supply urgent deficiencies in appropriations for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and prior fiscal years, on account of war expenses, and for other purposes'', approved October 6, 1917 (40 Stat. 374); by section 102 of the ``Department of Agriculture Organic Act of 1944'', approved September 21, 1944 (58 Stat. 734); by the joint resolution entitled ``Joint resolution making funds available for the control of incipient or emergency outbreaks of insect pests or plant diseases, including grasshoppers, mormon crickets, and chinch bugs'', approved April 6, 1937 (50 Stat. 57); by the Act entitled ``An Act to provide for regulating, inspecting, cleaning, and, when necessary, disinfecting railway cars, other vehicles, and other materials entering the United States from Mexico'', approved January 31, 1942 (56 Stat. 40); by the Act entitled ``An Act to regulate the importation of nursery stock and other plants and plant products; to enable the Secretary of Agriculture to establish and maintain quarantine districts for plant diseases and insect pests; to permit and regulate the movement of fruits, plants, and vegetables therefrom, and for other purposes'', approved August 20, 1912 (37 Stat. 315); by the first paragraph under the subheading ``Enforcement of the Plant-Quarantine Act'' under the heading ``Miscellaneous'' in the Act entitled ``An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and fourteen'', approved March 4, 1913 (37 Stat. 853), insofar as such paragraph relates to the importation of certain plants for scientific purposes; by the second, third, and fourth paragraphs under the subheading ``Enforcement of the Plant-Quarantine Act'' under the heading ``Miscellaneous'' in the Act entitled ``An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and sixteen'', approved March 4, 1915 (38 Stat. 1113); and by section 11 of the Act entitled ``An Act for the establishment of a Bureau of Animal Industry, to prevent the exportation of diseased cattle, and to provide for the suppression and extirpation of pleuropneumonia and other contagious diseases among domestic animals'', approved May 29, 1884 (23 Stat. 31); (8) the Federal-State cooperative programs of forest protection, management, and improvement performed under authority of the Act entitled ``An Act to provide for the protection of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote the continuous production of timber on the lands chiefly suitable therefore'', approved June 7, 1924 (43 Stat. 653); of the ``Cooperative Forest Management Act'', approved August 25, 1950 (64 Stat. 473); and of the ``Forest Pest Control Act'', approved June 25, 1947 (61 Stat. 177); and the predecessor programs of any Act referred to in this paragraph; (9) the Federal-State cooperative programs of emergency relief, including State rural rehabilitation corporation programs, established for the purposes of the Federal Emergency Relief Act of 1933, approved May 12, 1933 (48 Stat. 55); the Act entitled ``An Act making an additional appropriation to carry out the purposes of the Federal Emergency Relief Act of 1933, for continuation of the civil works program, and for other purposes'', approved February 15, 1934 (48 Stat. 351); and title II of the Act entitled ``An Act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1934, and prior fiscal years, to provide supplemental general and emergency appropriations for the fiscal years ending June 30, 1934, and June 30, 1935, and for other purposes'', approved June 19, 1934 (48 Stat. 1021); (10) the Federal-State Cooperative Veterans' educational programs, including part-time instruction in on-the-farm training programs, as provided for in title II, chapter IV, ``Education of Veterans'', of the ``Serviceman's Readjustment Act of 1944'', approved June 22, 1944 (58 Stat. 287), and subsequent amendments and Acts pertaining thereto; and (11) the Federal-State cooperative programs in wildlife restoration and in fish restoration and management authorized respectively by the Acts entitled ``An Act to provide that the United States shall aid these States in wildlife restoration projects, and for other purposes'', approved September 2, 1937 (50 Stat. 917), and popularly referred to as the ``Pittman- Robertson Act'', and ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes'', approved August 9, 1950 (64 Stat. 431), and popularly referred to as the ``Dingell-Johnson Act'', and the program of animal damage control authorized by the Act entitled ``An Act to authorize the Secretary of Agriculture to carry out his ten-year cooperative program for the eradication, suppression, or bringing under control of predatory and other wild animals injurious to agriculture, horticulture, forestry, animal husbandry, wild game, and other interests, and for the suppression of rabies and tularemia in predatory or other wild animals, and for other purposes'', approved March 2, 1931 (46 Stat. 1468), as amended and supplemented. (c) Certification.--The Office of Personnel Management shall, with respect to any service for which credit is sought under this Act, accept the certification of the Secretary of Agriculture or his designee. SEC. 4. APPLICABILITY TO ANNUITANTS. (a) In General.--An annuity or survivor annuity-- (1) computed in whole or in part in accordance with subchapter III of chapter 83 of title 5, United States Code, (2) which is based on the service of an individual who performed service described in section 3, and (3) the commencement date of which precedes the date of the enactment of this Act, shall be recomputed in accordance with section 3 if application therefor is made, and the deposit requirement under section 3(a) is met, within 6 months after the date of the enactment of this Act. (b) Recomputation Rule.--Any change in an annuity or survivor annuity resulting from a recomputation under subsection (a) shall be effective as of the first day of the first month which begins after the date of the enactment of this Act. SEC. 5. DEFINITION. For the purpose of this Act, the term ``State'' includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the territories of Hawaii and Alaska prior to statehood.", "summary": "Cooperative Agricultural Programs Extended Retirement Credit Act of 1993 - Provides for crediting under certain conditions, service in certain Federal-State cooperative agricultural and other programs under the Civil Service Retirement System."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Verifying Official Totals for Elections Act''. SEC. 2. DEPOSIT OF ELECTION-DEDICATED VOTING SYSTEM TECHNOLOGY IN NATIONAL SOFTWARE REFERENCE LIBRARY. (a) Deposit Required; Conditions for Disclosure.--Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraph: ``(7) Prohibiting use of election-dedicated voting system technologies not deposited with national software reference library; disclosure requirements.-- ``(A) Prohibition.-- ``(i) In general.--A voting system used in an election for Federal office in a State may not at any time during the election contain or use any election-dedicated voting system technology which is not deposited by the State (or, at the option of the State, by the vendor of the technology) with the National Software Reference Library of the National Institute of Standards and Technology prior to the date of the election, to be held in escrow and subject to disclosure in accordance with subparagraph (B). ``(ii) Extension of deadline for deposit.-- If the chief State election official certifies to the Director of the National Institute of Standards and Technology prior to the date of the election that, because of a revision to the election-dedicated voting system technology which is made less than 30 days prior to the date of the election, the State or vendor is unable to deposit the technology in accordance with clause (i) prior to the date of the election, the voting system used in the election may contain or use the technology if-- ``(I) the chief State election official approves the use of the technology for the election; and ``(II) the State or vendor deposits the technology in accordance with clause (i) not later than 1 week after the date of the election. ``(iii) Enforcement of vendor responsibilities.--If a State opts to require the vendor of election-dedicated voting system technology to deposit the technology in accordance with this subparagraph and the vendor fails to do so, the Attorney General may bring a civil action against the vendor in an appropriate district court for such relief as may be appropriate, including injunctive relief or an order for a civil penalty in an amount not to exceed $500,000. ``(B) Requirement for disclosure and limitation on restricting disclosure.--With respect to any election- dedicated voting system technology which is deposited under subparagraph (A), the Director of the National Institute of Standards and Technology shall-- ``(i) hold the technology in escrow; and ``(ii) disclose technology and information regarding the technology to another person if-- ``(I) the person is a qualified person described in subparagraph (C) who has entered into a nondisclosure agreement with respect to the technology which meets the requirements of subparagraph (D); or ``(II) the Director is permitted or required to disclose the technology to the person under the law of the applicable State, in accordance with the terms and conditions applicable under such law. ``(C) Qualified persons described.--With respect to the disclosure of election-dedicated voting system technology under subparagraph (B)(ii)(I), a `qualified person' is any of the following: ``(i) A governmental entity with responsibility for the administration of voting and election-related matters in elections for Federal office, for purposes of reviewing, analyzing, or reporting on the technology. ``(ii) If permitted under a court order, a party to post-election litigation challenging the result of an election or the administration or use of the technology used in an election, but only to the extent permitted under the terms and conditions of such court order. ``(iii) A person who reviews, analyzes, or reports on the technology solely for an investigation or inquiry concerning the accuracy or integrity of the technology pursuant to clause (i) or (ii). ``(D) Requirements for nondisclosure agreements.--A nondisclosure agreement entered into with respect to an election-dedicated voting system technology meets the requirements of this subparagraph if the agreement-- ``(i) is limited in scope to coverage of the technology disclosed under subparagraph (B) and any trade secrets and intellectual property rights related thereto; ``(ii) does not prohibit a signatory from entering into other nondisclosure agreements to review other technologies under this paragraph; ``(iii) exempts from coverage both information the signatory lawfully obtained from another source and information in the public domain; ``(iv) remains in effect for not longer than the life of any trade secret or other intellectual property right related thereto; ``(v) prohibits the request or use of injunctions that bar a signatory from carrying out any activity authorized under subparagraph (C), including injunctions limited to the period prior to a judicial proceeding involving the technology; ``(vi) is silent as to damages awarded for breach of the agreement, other than a reference to damages available under applicable law; ``(vii) allows disclosure of evidence relating to possible criminal conduct or other violations of law, including in response to a subpoena or warrant; ``(viii) allows disclosures and testimony to legislative branch authorities, judicial proceedings, and executive branch investigations in response to a subpoena or warrant or as otherwise provided by law; and ``(ix) provides that the agreement shall be governed by the trade secret laws of the applicable State. ``(E) Election-dedicated voting system technology defined.--For purposes of this paragraph: ``(i) In general.--The term `election- dedicated voting system technology' means the following: ``(I) The source code used for the trusted build and the file signatures for the trusted build. ``(II) A complete disk image of the pre-build, build environment, and any file signatures to validate that it is unmodified. ``(III) A complete disk image of the post-build, build environment, and any file signatures to validate that it is unmodified. ``(IV) All executable code produced by the trusted build and any file signatures to validate that it is unmodified. ``(V) Installation devices and software file signatures. ``(ii) Exclusion.--Such term does not include `commercial-off-the-shelf' software and hardware defined under the voluntary voting system guidelines adopted by the Commission under section 222 which are in effect as of the date of the election involved. ``(F) Trusted build defined.--For purposes of this paragraph, the term `trusted build' means a witnessed software build in which source code is converted to machine-readable binary instructions (executable code) in a manner providing security measures that help ensure that the executable code is a verifiable and faithful representation of the source code.''. (b) Effective Date.--The amendment made by this section shall apply with respect to elections occurring during 2013 or any succeeding year. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. There are authorized to be appropriated to the National Institute of Standards and Technology for each fiscal year such sums as may be necessary to enable the Institute, including the National Software Reference Library of the Institute, to carry out paragraph (7) of section 301(a) of the Help America Vote Act of 2002, as added by section 2(a).", "summary": "Verifying Official Totals for Elections Act - Amends the Help America Vote Act of 2002 to prohibit a voting system used in a federal election from containing or using any election-dedicated voting system technology which is not deposited by the state (or at the state's option by the vendor of the technology) with the National Software Reference Library of the National Institute of Standards and Technology (NIST) before the election. Requires the Director of NIST to: (1) hold the technology in escrow; and (2) disclose it and information about it to a qualified person who has entered into a nondisclosure agreement with respect to it, or to whom the Director is permitted or required to disclose the technology under state law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Hurricane Research Initiative Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Oceans and Atmosphere of the Department of Commerce. SEC. 3. NATIONAL HURRICANE RESEARCH INITIATIVE. (a) Requirement to Establish.--The Under Secretary and the Director shall establish an initiative known as the National Hurricane Research Initiative for the purposes described in subsection (b). (b) Purposes.--The purposes of the National Hurricane Research Initiative shall be to set research objectives based on the findings of the September 29, 2006, National Science Board report entitled ``Hurricane Warning: The Critical Need for National Hurricane Initiative''-- (1) to make recommendations to the National Science Board based on such research; (2) to assemble the expertise of the science and engineering capabilities of the United States through a multi- agency effort that is focused on-- (A) improving a better understanding of hurricane prediction, intensity, and mitigation on coastal populations; (B) infrastructure; and (C) the natural environment; and (3) to make grants to eligible entities to carry out research in the following areas: (A) Predicting hurricane intensification.--Research to improve understanding of-- (i) rapid intensity change in storms, relationships among storm size, motion and intensity; (ii) the internal dynamics of hurricanes; and (iii) the manner in which hurricanes interact with the environment. (B) Understanding air-sea interactions.--Research to improve understanding of theories of air-sea interaction that are common to the strong wind and high wave conditions associated with hurricanes, and cases in which the air-sea interface beneath hurricanes vanishes and is replaced by an emulsion, including theoretical theories, observational theories, and modeling. (C) Predicting storm surge, rainfall, and inland flooding from hurricanes and tropical storms.--Research to understand and model rainfall and flooding from hurricanes, including probabilistic modeling and mapping of storm surge risk. (D) Hurricane modification.--Basic research for modifying hurricanes to reduce the intensity or alter the movement of hurricanes by human intervention, including research to improve understanding of the potential effects of hurricane modification on precipitation and fresh water supply, as well as on climate. (E) Improved observation of hurricanes and tropical storms.--Research to improve hurricane and tropical storm observation through mobile radars, Global Positioning System technology, unmanned aerial vehicles, and ground-based and aerial wireless sensors to improve understanding of the complex nature of storms. (F) Assessing vulnerable infrastructure.--Research to develop a national engineering assessment of coastal infrastructure, including infrastructure related to levees, seawalls, drainage systems, bridges, water and sewage utilities, power, and communications, to determine the level of vulnerability of such infrastructure to damage from a hurricane. (G) Interaction of hurricanes with engineered structures.--Research to improve understanding of the impacts of hurricanes and tropical storms on buildings, structures, and housing combined with modeling essential for guiding the creation of improved building designs and construction codes in locations particularly vulnerable to hurricanes. (H) Relationship between hurricanes, climate, and natural ecosystems.--Research to improve the understanding of the complex relationships between hurricanes and climate, including research to determine the most effective methods to use observational information to examine the impacts on ecosystems over long- and short-periods of time. (I) Technologies for disaster response and recovery.--Research to improve emergency communication networks for government agencies and non-government entities and to improve communications between such networks during disaster response and recovery, including cyber-security during disaster situations and the ability to improve damage assessments during storms. (J) Evacuation planning.--Research to improve the manner in which hurricane-related information is provided to, and utilized by, the public and government officials, including research to assist officials of State or local government in determining the circumstances in which evacuations are required and in carrying out such evacuations. (K) Computational capability.--Research to improve understanding of the efficient utility of multiple models requiring sharing and inter-operability of databases, computing environments, networks, visualization tools, and analytic systems beyond what is currently available for transitioning hurricane research assets into operational practice and to provide access to robust computational facilities beyond the facilities normally accessible by the civilian research community for the hurricane research enterprise, including data acquisition and modeling capability during hurricane events. (c) Cooperation With Other Agencies.--The Under Secretary and the Director shall cooperate with the head of each appropriate Federal agency or department, research institute, university, and disaster- response or nongovernmental organization to utilize the expertise and capabilities of such entity to carry out the purposes of the National Hurricane Research Initiative, including cooperation with the heads of the following entities: (1) The National Aeronautics and Space Administration. (2) The National Institute of Standards and Technology. (3) The Department of Homeland Security, including the Federal Emergency Management Agency. (4) The Department of Energy. (5) The Defense Advanced Research Project Agency. (6) The Environmental Protection Agency. (7) The United States Geological Survey. (8) The U.S. Army Corps of Engineers. (d) Coordination.--The White House Office of Science and Technology Policy, through the National Science and Technology Council, shall coordinate the activities carried out by the United States related to the National Hurricane Research Initiative as a formal program with a well defined organizational structure and execution plan. (e) Grants.-- (1) Authority.--The Under Secretary and the Director may award grants to appropriate government agencies or departments or nongovernmental entities to carry out the purposes described in subsection (b). (2) Best practices.--The Under Secretary and the Director shall develop and make available to the public a description of best practices to be used to carry out a project with a grant awarded under this subsection. (f) Research Seminars and Forums.--The Under Secretary and the Director shall carry out a series of national seminars and forums that assemble a broad collection of scientific disciplines to direct researchers to work collaboratively to carry out the purposes described in subsection (b). (g) Authorization of Appropriations.--There is authorized to be appropriated $285,000,000 for each of the fiscal years 2008 through 2018 to carry out this section. SEC. 4. NATIONAL INFRASTRUCTURE DATABASE. (a) Requirement to Establish.--The Under Secretary and the Director shall establish a National Infrastructure Database for the purposes of-- (1) cataloging and characterizing the physical, social, and natural infrastructure in order to provide a baseline for developing standards, measuring modification, and determining loss; (2) providing information to Federal, State, and local government officials to improve information public policy related to hurricanes and tropical storms; and (3) providing data to researchers to improve their ability to measure hurricane impacts, separate such impacts from other effects, both natural and anthropogenic, make effective recommendations for improved building codes and urban planning practices, and develop effective procedures for responding to infrastructure disruption. (b) Database Requirements.--The National Infrastructure Database shall be a virtual, cyber environment that uses existing capabilities and facilities, and establishes new capabilities and facilities, as appropriate, to provide an interoperable environment and the necessary metadata and other resources needed by users of that Database. (c) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2008 through 2018 to carry out this section. SEC. 5. NATIONAL HURRICANE RESEARCH MODEL. (a) Requirement to Establish.--The Under Secretary and the Director shall develop a National Hurricane Research Model to conduct integrative research and to facilitate the transfer of research knowledge to operational applications, including linking relevant theoretical, physical, and computational models from atmospheric, oceanic, economic, sociological, engineered infrastructure, and ecologic fields, conducting experimental research to understand the extensive complexities of hurricanes, and obtaining measurable results in a comprehensive framework suitable for testing end-to-end integrative systems. (b) System Requirements.--The National Hurricane Research Model shall be a physically distributed and highly coordinated working environment in which research from the National Hurricane Research can be experimentally substantiated using suitable quantitative metrics, and where a culture of interaction and collaboration can further be promoted, including in the areas of-- (1) facilities and cyberinfrastructure; (2) software integration; and (3) fixed mobile data collection platforms and data provisioning systems. (c) Authorization of Appropriations.--There is authorized to be appropriated $130,000,000 for each of the fiscal years 2008 through 2018 to carry out this section.", "summary": "National Hurricane Research Initiative Act of 2006 - Requires the Under Secretary for Oceans and Atmosphere of the Department of Commerce and the Director of the National Science Foundation (NSF) to establish a National Hurricane Research Initiative and to cooperate with other specified federal agencies to carry it out. Requires such Initiative to set research objectives (based on a National Science Board report on the need for such Initiative) to: (1) make recommendations to the Board; (2) assemble the expertise of U.S. science and engineering capabilities through a multi-agency effort focused on infrastructure, the natural environment, and improving understanding of hurricane prediction, intensity, and mitigation on coastal populations; and (3) make grants for hurricane research, including regarding hurricane dynamics, modification, and observation, air-sea interaction, relationships between hurricanes and climate, predicting flooding and storm surge, coastal infrastructure, building construction, emergency communication networks, information utilization by public officials, and sharing computational capability. Directs the White House Office of Science and Technology Policy, through the National Science and Technology Council, to coordinate U.S. activities related to the Initiative as a formal program with a well-defined organizational structure and execution plan. Directs the Under Secretary and the Director to: (1) establish a National Infrastructure Database to catalog infrastructure, provide information to improve information public policy related to hurricanes, and provide data to improve researchers' abilities to measure hurricane impacts in order to improve building codes and urban planning; and (2) develop a National Hurricane Research Model to conduct integrative research and facilitate the transfer of research knowledge to operational applications."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Non-Discrimination Act of 1994''. SEC. 2. DISCRIMINATION PROHIBITED. A covered entity, in connection with employment or employment opportunities, shall not-- (1) subject an individual to different standards or treatment on the basis of sexual orientation; (2) discriminate against an individual based on the sexual orientation of persons with whom such individual is believed to associate or to have associated; or (3) otherwise discriminate against an individual on the basis of sexual orientation. SEC. 3. BENEFITS. This Act does not apply to the provision of employee benefits to an individual for the benefit of his or her partner. SEC. 4. NO DISPARATE IMPACT. The fact that an employment practice has a disparate impact, as the term ``disparate impact'' is used in section 703(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation does not establish a prima facie violation of this Act. SEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED. (a) Quotas.--A covered entity shall not adopt or implement a quota on the basis of sexual orientation. (b) Preferential Treatment.--A covered entity shall not give preferential treatment to an individual on the basis of sexual orientation. SEC. 6. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to religious organizations. (b) For-Profit Activities.--This Act shall apply to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986 as in effect on the date of the enactment of this Act. SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' PREFERENCES. (a) Armed Forces.--(1) For purposes of this Act, the term ``employment or employment opportunities'' does not apply to the relationship between the United States and members of the Armed Forces. (2) As used in paragraph (1), the term ``Armed Forces'' means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (b) Veterans' Preferences.--This Act does not repeal or modify any Federal, State, territorial, or local law creating special rights or preferences for veterans. SEC. 8. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act-- (1) the Commission and the Librarian of Congress shall have the same powers, respectively, as the Commission and the Librarian of Congress have to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); (2) the Attorney General of the United States shall have the same powers as the Attorney General has to administer and enforce such title; and (3) the district courts of the United States shall have the same jurisdiction and powers as such courts have to enforce such title and section 309 of the Civil Rights Act of 1991 (2 U.S.C. 1209). (b) Procedures and Remedies.--The procedures and remedies applicable to a claim for a violation of this Act are as follows: (1) For a violation alleged by an individual, other than an individual specified in paragraph (2) or (3), the procedures and remedies applicable to a claim brought by an individual for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall apply. (2) For a violation alleged by an employee of the House of Representatives or of an instrumentality of the Congress, the procedures and remedies applicable to a claim by such employee for a violation of section 117 of the Civil Rights Act of 1991 (2 U.S.C. 60l) shall apply. (3) For a violation alleged by a Senate employee, the procedures and remedies applicable to a claim by such employee for a violation of section 302 of the Civil Rights Act of 1991 (2 U.S.C. 1202) shall apply. SEC. 9. STATE AND FEDERAL IMMUNITY. (a) State Immunity.--A State shall not be immune under the eleventh article of amendment to the Constitution of the United States from an action in a Federal court of competent jurisdiction for a violation of this Act. In an action against a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies are available in an action against any public or private entity other than a State. (b) Liability of the United States.--The United States shall be liable for all remedies under this Act to the same extent as a private person and shall be liable to the same extent as a nonpublic party for interest to compensate for delay in payment. SEC. 10. ATTORNEYS' FEES. In any action or administrative proceeding commenced pursuant to this Act, the court or the Commission, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including expert fees and other litigation expenses, and costs. The United States shall be liable for the foregoing the same as a private person. SEC. 11. RETALIATION AND COERCION PROHIBITED. (a) Retaliation.--A covered entity shall not discriminate against an individual because such individual opposed any act or practice prohibited by this Act or because such individual made a charge, assisted, testified, or participated in any manner in an investigation, proceeding, or hearing under this Act. (b) Coercion.--A person shall not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised, enjoyed, assisted, or encouraged the exercise or enjoyment of, any right granted or protected by this Act. SEC. 12. POSTING NOTICES. A covered entity shall post notices for employees, applicants for employment, and members describing the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 10). SEC. 13. REGULATIONS. The Commission shall have authority to issue regulations to carry out this Act. SEC. 14. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual claiming discrimination prohibited under any other Federal law or any law of a State or political subdivision of a State. SEC. 15. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 16. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act and shall not apply to conduct occurring before such effective date. SEC. 17. DEFINITIONS. As used in this Act: (1) The term ``Commission'' means the Equal Employment Opportunity Commission. (2) The term ``covered entity'' means an employer, employment agency, labor organization, joint labor management committee, an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing authority of the House of Representatives, an employing office of the Senate, or an instrumentality of the Congress. (3) The term ``employer'' has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)). (4) The term ``employment agency'' has the meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (5) The term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (6) The term ``instrumentalities of the Congress'' has the meaning given such term in section 117(b)(4) of the Civil Rights Act of 1991 (2 U.S.C. 60l(b)(4)). (7) The term ``labor organization'' has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (8) The term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (9) The term ``religious organization'' means-- (A) a religious corporation, association, or society; or (B) a college, school, university, or other educational institution, not otherwise a religious organization, if-- (i) it is in whole or substantial part controlled, managed, owned, or supported by a religious corporation, association, or society; or (ii) its curriculum is directed toward the propagation of a particular religion. (10) The term ``Senate employee'' has the meaning given such term in section 301(c) of the Civil Rights Act of 1991 (2 U.S.C. 1201(c)). (11) The term ``sexual orientation'' means lesbian, gay, bisexual, or heterosexual orientation, real or perceived, as manifested by identity, acts, statements, or associations. (12) The term ``State'' has the meaning given such term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).", "summary": "Employment Non-Discrimination Act of 1994 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including employing authorities of the House of Representatives, employing offices of the Senate, and instrumentalities of the Congress. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State and Federal immunity. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Chance Voting Rights Act of 2006''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The right to vote is the most fundamental act performed by citizens in our great representative democracy. (2) Citizen participation in local, State, and Federal elections is the primary means to assure representation of many constituent groups in the political process. (3) More than 500,000 Americans who were convicted of felony crimes have served their entire sentence and stand free and clear of incarceration and parole. (4) It is the civic duty of every citizen of the United States to vote in any election in order to guarantee full and fair representation of all interests. (5) Allowing ex-offenders to vote restores them to their role as responsible citizens in this great country whose greatness is strengthened by the civic rehabilitation and participation of all nonvoting citizens. (6) The States of Alaska, Arkansas, California, Colorado, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, West Virginia, and Wisconsin, and the District of Columbia, restore the right to vote automatically upon the completion of sentence, including parole. (7) The United States should ensure that the Federal voting rights of a person are restored upon the unconditional release of that person from prison and the completion of sentence, including parole. SEC. 3. FEDERAL VOTING RIGHTS OF INDIVIDUALS WHO HAVE BEEN CONVICTED OF A CRIMINAL OFFENSE. (a) In General.--The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense. (b) Applicability.--Subsection (a) shall apply to an individual convicted of a criminal offense upon the unconditional release of that individual from incarceration for that offense and the completion of sentence for that offense, including parole. SEC. 4. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private Right of Action.-- (1) A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action obtain declaratory or injunctive relief with respect to the violation. (3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President; and (2) the term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. SEC. 6. RELATION TO OTHER LAWS. (a) State Laws.--Nothing in this Act shall be construed to prohibit the States enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Federal Laws.--The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg).", "summary": "Second Chance Voting Rights Act of 2006 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense. Applies this Act to a convicted individual upon his or her unconditional release from incarceration and completion of his or her sentence, including parole. Provides for enforcement of, and remedies for, violations of this Act. Prohibits construing this Act to prohibit states from affording the right to vote in any federal election on less restrictive terms."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Filipino Veterans Fairness Act''. SEC. 2. ELIGIBILITY OF CERTAIN FILIPINO VETERANS FOR DISABILITY PENSION. (a) Eligibility.--Section 107 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3) of the first sentence, by inserting ``15,'' before ``23,''; and (B) in the second sentence, by striking ``subsection (c) or (d)'' and inserting ``subsections (c), (d), and (e)'' ; and (2) in subsection (b)-- (A) in paragraph (2) of the first sentence, by inserting ``15,'' before ``23,''; and (B) in the second sentence, by striking ``subsection (c) or (d)'' and inserting ``subsections (c), (d), and (e)''. (b) Rate of Payment.--That section is further amended by adding at the end the following new subsection: ``(e) In the case of benefits under chapter 15 of this title paid by reason of service described in subsection (a) or (b)-- ``(1) if the benefits are paid to an individual residing in the United States who is a citizen of, or an alien lawfully admitted for permanent residence in, the United States, the second sentence of the applicable subsection shall not apply; and ``(2) if the benefits are paid to an individual residing in the Republic of the Philippines, the benefits shall be paid (notwithstanding any other provision of law) at the rate of $100 per month.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to benefits for months beginning on or after that date. SEC. 3. ELIGIBILITY FOR VOCATIONAL REHABILITATION. (a) Eligibility.--Section 107 of title 38, United States Code, as amended by this Act, is further amended-- (1) in subsection (a)-- (A) in paragraph (3) of the first sentence-- (i) by striking ``and'' before ``24''; and (ii) by inserting ``, and chapter 31'' before ``of this title''; (B) in the second sentence, by striking ``and (e)'' and inserting ``(e), and (f)''; and (2) in subsection (b)-- (A) in paragraph (2) of the first sentence-- (i) by striking ``and'' before ``24''; and (ii) by inserting ``, and chapter 31'' before ``of this title''; (B) in the second sentence, by striking ``and (e)'' and inserting ``(e), and (f)''. (b) Rate of Payment.--That section is further amended by adding at the end the following new subsection: ``(f) In the case of benefits under chapter 31 of this title paid by reason of service described in subsection (a) or (b), if the benefits are paid to an individual residing in the United States who is a citizen of, or an alien lawfully admitted for permanent residence in, the United States, the second sentence of the applicable subsection shall not apply.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to benefits for months beginning on or after that date. SEC. 4. OUTPATIENT HEALTH CARE FOR VETERANS RESIDING IN THE PHILIPPINES. (a) In General.--Subchapter IV of chapter 17 of title 38, United States Code, is amended-- (1) by redesignating section 1735 as section 1736; and (2) by inserting after section 1734 the following new section 1735: ``Sec. 1735. Outpatient care and services for World War II veterans residing in the Philippines ``(a) Outpatient Health Care.--The Secretary shall furnish care and services to veterans of World War II, Commonwealth Army veterans, and new Philippine Scouts for the treatment of the service-connected disabilities and nonservice-connected disabilities of such veterans and scouts residing in the Republic of the Philippines on an outpatient basis at the Manila VA Outpatient Clinic. ``(b) Limitations.--(1) The amount expended by the Secretary for the purpose of subsection (a) in any fiscal year may not exceed $500,000. ``(2) The authority of the Secretary to furnish care and services under subsection (a) is effective in any fiscal year only to the extent that appropriations are available for that purpose.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 1735 and inserting the following new items: ``1735. Outpatient care and services for World War II veterans residing in the Philippines. ``1736. Definitions.''. SEC. 5. ELIGIBILITY FOR HOUSING LOANS. Section 3701(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(6) The term `veteran' also includes an individual who is a Commonwealth Army veteran (as defined in subsection (a) of section 3566 of this title), or a new Philippine Scout (as defined in subsection (b) of such section) who resides in the United States.''. SEC. 6. EDUCATIONAL BENEFITS FOR SPOUSES AND DEPENDENTS. (a) Inclusion of Spouses.--Section 3565(a) of title 38, United States Code, is amended to read as follows: ``(a) The term `eligible person' as used in section 3501(a)(1) of this title includes the spouse, surviving spouse, and child of a Commonwealth Army veteran or a `New' Philippine Scouts in the same manner as a spouse, surviving spouse, and child of a person who meets the requirements of service-connected disability or death under such section, based on service as defined in section 3566 of this title.''. (b) Increase in Rates Payable for Dependents Residing in the United States.--Section 3565(b) of such title is amended-- (1) by striking ``children'' in the matter preceding paragraph (1) and inserting ``a spouse, surviving spouse, or child''; (2) by redesignating paragraph (2) as paragraph (3); (3) in paragraph (1) by striking ``, and'' and inserting ``in the case of a spouse, surviving spouse, or child residing in the Philippines,''; and (4) by inserting after paragraph (1) the following new paragraph: ``(2) notwithstanding section 3532(d) of this title, educational assistance allowances authorized by section 3532 of this title and the special training allowance authorized by section 3542 of this title shall be paid at the rate of $1.00 for each dollar in the case of a spouse, surviving spouse, or child residing in the United States, and''. SEC. 7. ELIGIBILITY FOR BENEFITS FOR JOB COUNSELING, TRAINING, AND PLACEMENT. (a) Veterans.--Section 4101(4) of title 38, United States Code, is amended by inserting before the period the following: ``, and includes a Commonwealth Army veteran (as defined in subsection (a) of section 3566 of this title), or a new Philippine Scout (as defined in subsection (b) of such section)''. (b) Dependents.--Section 4104(5) of such title is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``, or'' and (3) by adding at the end the following new subparagraph: ``(D) the spouse or child of a Commonwealth Army veteran (as defined in subsection (a) of section 3566 of this title), or a new Philippine Scout (as defined in subsection (b) of such section).''. SEC. 8. REPRESENTATION ON ADVISORY COMMITTEE ON MINORITY VETERANS. Section 544(a)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(D) The Secretary shall ensure that at least one member of the Committee each year is a Commonwealth Army veteran (as defined in subsection (a) of section 3566 of this title), or a new Philippine Scout (as defined in subsection (b) of such section).''.", "summary": "Filipino Veterans Fairness Act - Makes former members of the Philippine Commonwealth Army or new Philippine Scouts who served with U.S. Armed Forces during World War II and became U.S. citizens or lawfully resided in the United States eligible for: (1) payment of compensation ($100 per month) for service-connected disability; (2) vocational rehabilitation as well as job counseling, training, and placement; and (3) veterans' housing loans made or guaranteed by the Department of Veterans Affairs. Directs the Secretary of Veterans Affairs to furnish outpatient health care at the Manila Outpatient Clinic in the Republic of the Philippines for such veterans residing in the Philippines. Makes spouses of such veterans eligible for veterans' educational assistance. Makes the rate of assistance for such spouses and children residing in the United States equal to the rate for the dependents of U.S. veterans. Makes such spouses and dependents eligible for job counseling, training, and placement benefits. Requires the Secretary to ensure that at least one member of the Advisory Committee on Minority Veterans is a Commonwealth Army veteran or new Philippine Scout."}
{"article": "SECTION 1. DEDUCTION FOR STUDENT LOAN PAYMENTS BY MEDICAL PROFESSIONALS PRACTICING IN RURAL AREAS. (a) Interest on Student Loans Not Treated as Personal Interest.-- Section 163(h)(2) of the Internal Revenue Code of 1986 (defining personal interest) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end thereof the following new subparagraph: ``(F) any qualified medical education interest (within the meaning of subsection (k)).''. (b) Qualified Medical Education Interest Defined.--Section 163 of the Internal Revenue Code of 1986 (relating to interest expenses) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Qualified Medical Education Interest of Medical Professionals Practicing in Rural Areas.-- ``(1) In general.--For purposes of subsection (h)(2)(F), the term `qualified medical education interest' means an amount which bears the same ratio to the interest paid on qualified educational loans during the taxable year by an individual performing services under a qualified rural medical practice agreement as-- ``(A) the number of months during the taxable year during which such services were performed, bears to ``(B) the number of months in the taxable year. ``(2) Dollar limitation.--The aggregate amount which may be treated as qualified medical education interest for any taxable year with respect to any individual shall not exceed $5,000. ``(3) Qualified rural medical practice agreement.--For purposes of this subsection-- ``(A) In general.--The term `qualified rural medical practice agreement' means a written agreement between an individual and an applicable rural community under which the individual agrees-- ``(i) in the case of a medical doctor, upon completion of the individual's residency (or internship if no residency is required), or ``(ii) in the case of a registered nurse, nurse practitioner, or physician's assistant, upon completion of the education to which the qualified education loan relates, to perform full-time services as such a medical professional in the applicable rural community for a period of 24 consecutive months. An individual and an applicable rural community may elect to have the agreement apply for 36 consecutive months rather than 24 months. ``(B) Special rule for computing periods.--An individual shall be treated as meeting the 24 or 36 consecutive month requirement under subparagraph (A) if, during each 12-consecutive month period within either such period, the individual performs full-time services as a medical doctor, registered nurse, nurse practitioner, or physician's assistant, whichever applies, in the applicable rural community during 9 of the months in such 12-consecutive month period. For purposes of this subsection, an individual meeting the requirements of the preceding sentence shall be treated as performing services during the entire 12-month period. ``(C) Applicable rural community.--The term `applicable rural community' means-- ``(i) any political subdivision of a State which-- ``(I) has a population of 5,000 or less, and ``(II) has a per capita income of $15,000 or less, or ``(ii) an Indian reservation which has a per capita income of $15,000 or less. ``(4) Qualified educational loan.--The term `qualified educational loan' means any indebtedness to pay qualified tuition and related expenses (within the meaning of section 117(b)) and reasonable living expenses-- ``(A) which are paid or incurred-- ``(i) as a candidate for a degree as a medical doctor at an educational institution described in section 170(b)(1)(A)(ii), or ``(ii) in connection with courses of instruction at such an institution necessary for certification as a registered nurse, nurse practitioner, or physician's assistant, and ``(B) which are paid or incurred within a reasonable time before or after such indebtedness is incurred. ``(5) Recapture.--If an individual fails to carry out a qualified rural medical practice agreement during any taxable year, then-- ``(A) no deduction with respect to such agreement shall be allowable by reason of subsection (h)(2)(F) for such taxable year and any subsequent taxable year, and ``(B) there shall be included in gross income for such taxable year the aggregate amount of the deductions allowable under this section (by reason of subsection (h)(2)(F)) for all preceding taxable years. ``(6) Definitions.--For purposes of this subsection, the terms `registered nurse', `nurse practitioner', and `physician's assistant' have the meaning given such terms by section 1861 of the Social Security Act.''. (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (14) the following new paragraph: ``(15) Interest on student loans of rural health professionals.--The deduction allowable by reason of section 163(h)(2)(F) (relating to student loan payments of medical professionals practicing in rural areas).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992.", "summary": "Amends the Internal Revenue Code to allow an itemized deduction for personal interest paid on an education loan by a health care professional (medical doctor, registered nurse, nurse-practitioner, or physician's assistant) performing services in a rural community or on certain Indian reservations for at least 24 consecutive months under a written agreement. Limits such deduction to $5,000. Allows the computation of such deduction in determining adjusted gross income."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Infrastructure Financing Act of 2005''. SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS. Section 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all that follows through the period at the end and inserting ``to accomplish the purposes of this Act.''. SEC. 3. CAPITALIZATION GRANTS AGREEMENTS. (a) Requirements for Construction of Treatment Works.--Section 602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)(6)) is amended-- (1) by striking ``before fiscal year 1995''; and (2) by striking ``201(b)'' and all that follows through ``218,'' and inserting ``211,''. (b) Guidance for Small Systems.--Section 602 of the Federal Water Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end the following: ``(c) Guidance for Small Systems.-- ``(1) Simplified procedures.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall assist the States in establishing simplified procedures for small systems to obtain assistance under this title. ``(2) Publication of manual.--Not later than 1 year after the date of enactment of this subsection, after providing notice and opportunity for public comment, the Administrator shall publish-- ``(A) a manual to assist small systems in obtaining assistance under this title; and ``(B) in the Federal Register, notice of the availability of the manual. ``(3) Definition of small system.--In this title, the term `small system' means a system for which a municipality or intermunicipal, interstate, or State agency seeks assistance under this title and that serves a population of 20,000 or fewer inhabitants.''. SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS. (a) Activities Eligible for Assistance.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (c) and inserting the following: ``(c) Activities Eligible for Assistance.-- ``(1) In general.--The water pollution control revolving fund of a State shall be used only for providing financial assistance for activities that have, as a principal benefit, the improvement or protection of the water quality of navigable waters to a municipality, intermunicipal, interstate, or State agency, or other person, including activities such as-- ``(A) construction of a publicly owned treatment works; ``(B) implementation of lake protection programs and projects under section 314; ``(C) implementation of a nonpoint source management program under section 319; ``(D) implementation of an estuary conservation and management plan under section 320; ``(E) restoration or protection of publicly or privately owned riparian areas, including acquisition of property rights; ``(F) implementation of measures to improve the efficiency of public water use; ``(G) development and implementation of plans by a public recipient to prevent water pollution; and ``(H) acquisition of land necessary to meet any mitigation requirements related to construction of a publicly owned treatment works. ``(2) Fund amounts.-- ``(A) Repayments.--The water pollution control revolving fund of a State shall be established, maintained, and credited with repayments. ``(B) Availability.--The balance in the fund shall be available in perpetuity for providing financial assistance described in paragraph (1). ``(C) Fees.--Fees charged by a State to recipients of the assistance may be deposited in the fund and may be used only to pay the cost of administering this title.''. (b) Extended Repayment Period for Financially Distressed Communities.--Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended-- (1) in subparagraph (A), by inserting after ``20 years'' the following: ``or, in the case of a financially distressed community, the lesser of 40 years or the expected life of the project to be financed with the proceeds of the loan''; and (2) in subparagraph (B), by striking ``not later than 20 years after project completion'' and inserting ``on the expiration of the term of the loan''. (c) Loan Guarantees.--Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended by striking paragraph (5) and inserting the following: ``(5) to provide loan guarantees for-- ``(A) similar revolving funds established by municipalities or intermunicipal agencies; and ``(B) developing and implementing innovative technologies;''. (d) Administrative Expenses.--Section 603(d)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by inserting before the period at the end the following: ``or the greater of $400,000 per year or an amount equal to \\1/2\\ percent per year of the current valuation of the fund, plus the amount of any fees collected by the State under subsection (c)(2)(C)''. (e) Technical and Planning Assistance for Small Systems.--Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(8) to provide to small systems technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, repair schedules, and other activities to improve wastewater treatment plant operations, except that the amounts used under this paragraph for a fiscal year shall not exceed 2 percent of all grants provided to the fund for the fiscal year under this title.''. (f) Consistency With Planning Requirements.--Section 603(f) of the Federal Water Pollution Control Act (33 U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting ``is not inconsistent''. (g) Construction Assistance.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (g) and inserting the following: ``(g) Construction Assistance.-- ``(1) Priority list requirement.--The State may provide financial assistance from the water pollution control revolving fund of the State for a project for construction of a publicly owned treatment works only if the project is on the priority list of the State under section 216, without regard to the rank of the project on the list. ``(2) Eligibility of certain treatment works.--A treatment works shall be treated as a publicly owned treatment works for purposes of subsection (c) if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage.''. (h) Principal Subsidization.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end the following: ``(i) Principal Subsidization.-- ``(1) In general.--Subject to paragraph (2), in a case in which a State makes a loan under subsection (d)(1) to a financially distressed community, the State may provide additional subsidization to the loan recipient (including forgiveness of principal). ``(2) Limitation.--For each fiscal year, the total amount of loan subsidies made by a State under this subsection shall not exceed 30 percent of the amount of the capitalization grant received by the State for that fiscal year. ``(j) Information to Assist States.--The Administrator may publish information to assist States in establishing the affordability criteria referred to in subsection (l). ``(k) Priority.--In making a loan under this section, a State may give priority to a financially distressed community. ``(l) Definition of Financially Distressed Community.--In this section, the term `financially distressed community' means any community that meets affordability criteria that are-- ``(1) established by the State in which the community is located; and ``(2) developed after public review and comment.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended by striking ``the following sums:'' and all that follows through the period at the end of paragraph (5) and inserting ``$4,000,000,000 for each of fiscal years 2006 through 2010.''.", "summary": "Clean Water Infrastructure Financing Act of 2005 - Amends the Federal Water Pollution Control Act to eliminate certain restrictions on capitalization grants to states under the water pollution control revolving fund program and to direct the Administrator of the Environmental Protection Agency (EPA) to make such grants to accomplish the purposes of the Act. Revises certain requirements for the construction of publicly-owned treatment works under capitalization grant agreements. Directs the Administrator to assist states in establishing simplified procedures for small water systems (serving populations of 20,000 or less) to obtain assistance under the Act. Requires state water pollution control revolving funds to be used only for providing assistance for activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Makes revisions concerning uses of funds for: (1) innovative technologies; (2) administrative expenses; (3) small system technical, planning, and management assistance; (4) financially distressed communities; and (5) construction assistance. Authorizes states to give priority to financially distressed communities in making loans from revolving funds. Reauthorizes appropriations for FY2006-2010 for the water pollution control revolving fund program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Workplace Advancement and Opportunity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The proposed rule of the Department of Labor entitled ``Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees'' (80 Fed. Reg. 38516 (July 6, 2015)) provides a minimum salary requirement that would be-- (A) a 113 percent increase during the first year after the final rule takes effect from the salary threshold in effect on February 29, 2016; and (B) an increase that would set the Federal minimum salary threshold 20 percent higher than the minimum salary threshold under any State law effective on the date of enactment of this Act. (2) The Secretary significantly underestimated the cost of compliance with the July 6, 2015, proposed rule. Public comments calculate such rule will impose financial and non- financial costs substantially higher than those estimated by the Department. (3) According to the Office of Advocacy of the Small Business Administration, the initial regulatory flexibility analysis of the July 6, 2015, proposed rule required under section 603 of title 5, United States Code, failed to adequately identify the number of small entities affected by such rule and failed to address how such rule would affect regions with lower costs of living and differences in certain industries. On September 4, 2015, the Office of Advocacy of the Small Business Administration submitted comments to the Secretary regarding such rule, including recommendations to-- (A) reanalyze ``the economic impact of this rule on small businesses'', to ``provide a more accurate estimate of the small entities impacted by this proposal'', and to ``include an analysis of industry sub-sectors, regional differences, and revenue sizes''; (B) reanalyze ``the number of small non-profit organizations and small governmental jurisdictions . . . that are affected by this rule and the economic impact of this rule on these entities''; and (C) provide greater transparency with respect to ``compliance cost data'' and to ``utilize data provided in the comment process to accurately estimate the human resources and financial management costs of this regulation''. (4) The Secretary did not consider the potential impact of the July 6, 2015, proposed rule on workplace flexibility. Public comments address concerns that employees who are reclassified from exempt to nonexempt employees may no longer be able to participate in workplace flexibility arrangements and programs. (5) The Secretary did not analyze the potential impact of the July 6, 2015, proposed rule on companies that operate in multiple States with different costs of living and different salary scales, and the costs and unique complications for these employers associated with reclassifying thousands of employees in multiple States. (6) The July 6, 2015, proposed rule automatically updates the salary threshold on an annual basis for purposes of defining employees subject to the exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) for all subsequent years, contrary to the requirement under such section that the definitions applicable for the exemption shall be ``defined and delimited from time to time by regulations of the Secretary''. The Secretary does not have the authority to increase the salary threshold on an annual or other basis without conducting notice and comment rulemaking with respect to each change in accordance with section 553 of title 5, United States Code. (7) Although not proposed in the July 6, 2015, proposed rule, the Secretary indicated that changes to the duties tests may be included in the final rule, without providing for notice and comment regarding the specific proposed revisions. SEC. 3. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Labor. (2) July 6, 2015, proposed rule.--The term ``July 6, 2015, proposed rule'' means the proposed rule of the Department of Labor entitled ``Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees'' (80 Fed. Reg. 38516 (July 6, 2015)) or the final rule with respect to such proposed rule. (3) Medicare or medicaid dependent health care provider.-- The term ``Medicare or Medicaid dependent health care provider'' means an employer who derives more than 50 percent of its revenue from payments under the Medicare program under title XVIII of the Social Security Act, a State plan under the Medicaid program under title XIX of such Act, or both. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) Small business; small entity; small government jurisdiction; small organization.--The terms ``small business'', ``small entity'', ``small government jurisdiction'', and ``small organization'' have the meanings given such terms in section 601 of title 5, United States Code. (6) Substantially similar rule.--The term ``substantially similar rule'' means any rule or proposed rule that is a reissuance of the July 6, 2015, proposed rule in substantially the same form as such rule, or is the issuance of a new rule or proposed rule that is substantially the same as the July 6, 2015, rule, including any rule that implements the provisions of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)). SEC. 4. CONDITIONS PRECEDENT FOR SUBSTANTIALLY SIMILAR RULES. (a) Enforcement.-- (1) In general.--Beginning on the date of enactment of this Act, the July 6, 2015, proposed rule shall cease to have any force or effect. (2) Final rule.--In the case that the July 6, 2015, proposed rule is a final rule on the date of enactment of this Act-- (A) the Secretary shall not enforce the final rule based on conduct occurring before such date of enactment; (B) an employee shall not have any right of action against an employer for the employer's failure to comply with the final rule at any time prior to such date of enactment; (C) any regulations that were amended by such final rule shall be restored and revived as if the final rule had never taken effect; and (D) nothing in this Act shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee prior to the date of enactment of this Act that were in compliance with such final rule. (b) Conditions for Substantially Similar Rules.-- (1) In general.--The Secretary may promulgate any substantially similar rule, subject to paragraph (3), only if the Secretary has completed each action required under paragraph (2). (2) Requirements for substantially similar rules.--The actions required under this paragraph are the following: (A) The Secretary shall conduct an analysis of the impact of the substantially similar rule, including an initial regulatory flexibility analysis under section 603 of title 5, United States Code and assessments under clauses (i) through (iii) of section 6(a)(3)(C) of Executive Order 12866 (5 U.S.C. 601 note, relating to regulatory planning and review) to be provided to the Administrator of the Office of Information and Regulatory Affairs in accordance with such section, and that-- (i) accurately identifies the number of affected small entities by using specific data points from the most recent publication of the Statistics of U.S. Businesses by the Bureau of the Census; (ii) addresses regional, State, county (if applicable), metropolitan, and nonmetropolitan salary and cost of living differences; (iii) provides an analysis of any substantially similar rule, which shall include the percentile of full-time salaried workers affected, and such analysis shall be disaggregated by-- (I) State; (II) industry subsector; (III) small organizations; (IV) small government jurisdictions, including further disaggregation by school district; (V) nonprofit organizations; (VI) Medicare or Medicaid dependent health care providers; and (VII) small businesses; (iv) provides an analysis of management and human resource costs for all employers, including costs associated with changing human resource systems, reclassifying employees, and extra hours spent scheduling employees; (v) provides an analysis of the impact on lower-wage industries, including by geographic area; (vi) provides an analysis of all non- financial costs, including impact on employment, workplace flexibility, employee benefit structure for exempt and nonexempt workers, career advancement opportunities, new business formation, business termination, and loss of market share to foreign competition; and (vii) includes a complete description of any significant alternative as described in section 603(c) of title 5, United States Code, to the substantially similar rule. (B) The Secretary shall publish not less than one small entity compliance guide under section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) to assist small entities in complying with the substantially similar rule. (C) The Secretary shall provide notice of the substantially similar rule in the Unified Agenda of Federal Regulatory and Deregulatory Actions, compiled by the Regulatory Information Service Center of the General Services Administration. (D) The Secretary shall ensure that the effective date for any final rule with respect to the substantially similar rule shall not be less than 1 year after the publication of such final rule in the Federal Register. (E) The Secretary shall comply with the notice and comment requirements under section 553 of title 5, United States Code, and provide a comment period of not less than 120 days. (3) Automatic updates.--Any substantially similar rule promulgated by the Secretary shall not contain any automatic updates to the salary threshold for purposes of the exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), in accordance with section 5. SEC. 5. RULE OF CONSTRUCTION. The requirement under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) that the definitions applicable for the exemption under such section be ``defined and delimited from time to time by regulations of the Secretary'' shall be construed to-- (1) require the Secretary to issue a new rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code, for each change in any salary threshold under such section 13(a)(1) proposed by the Secretary; and (2) exclude any rule that would result in changes to any salary threshold under such section for multiple time periods, including through any automatic updating procedure. SEC. 6. REQUIREMENTS FOR DUTIES TESTS. The Secretary may not promulgate any final rule that includes any provision revising any of the duties tests provided in part 541 of title 29, Code of Federal Regulations (or any successor regulation), for exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) unless specific regulatory text for the provision was proposed in the proposed rule.", "summary": "Protecting Workplace Advancement and Opportunity Act This bill declares that the proposed or the final rule of the Department of Labor entitled \"Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees\" shall cease to have any force or effect. The rule revises the "white collar" exemption of executive, administrative, professional, outside sales, and computer employees from minimum wage and maximum hour, or overtime, requirements of the Fair Labor Standards Act of 1938 (FLSA). If the proposed rule is a final rule on the date of enactment of this bill: Labor shall not enforce it based on conduct occurring before that enactment date, an employee shall not have any right of action against an employer for the employer's failure to comply with the final rule at any time before that enactment date, any regulations that were amended by the final rule shall be restored and revived as if the final rule had never taken effect, and nothing in this bill shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee before the enactment of this bill that were in compliance with that final rule. Labor may promulgate any substantially similar rule only if it has completed certain required actions; but the rule shall not contain any automatic updates to the salary threshold for purposes of exemptions to minimum wage and maximum hour requirements under the FLSA. The requirement that definitions applicable for such exemptions be defined and delimited from time to time by Labor regulations shall be construed to: require Labor to issue a new rule through notice and comment rulemaking for each change in any salary threshold it has proposed; and exclude any rule that would result in changes to any salary threshold for multiple time periods, including through any automatic updating procedure. Labor may not promulgate any final rule that includes any revision to duties tests for exemption from minimum wage and maximum hours requirements unless specific regulatory text for the provision was proposed in the proposed rule."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern Sierra Rural Heritage and Economic Enhancement Act''. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means-- (1) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (2) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. SEC. 3. DESIGNATION OF WILDERNESS AREAS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) the following areas in the State of California are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Hoover wilderness addition.-- (A) Designation.--Certain land in the Humboldt- Toiyabe National Forest, comprising approximately 39,680 acres, as generally depicted as Area C on the map entitled ``Hoover Proposed Wilderness Addition'' and dated August 8, 2005, is incorporated in, and shall be deemed to be a part of the Hoover Wilderness as designated by Public Law 88-577. (B) Operation and maintenance of piute cabin.--The designation under subparagraph (A) shall not preclude operation and maintenance of the existing historic Piute Cabin, located in the western portion of the Hoover Wilderness Addition, in the same manner and degree in which operation and maintenance of such cabin were occurring as of the date of introduction of this Act. (C) No restriction on certain activities.--The designation under subparagraph (A) is not intended to restrict the ongoing activities of the adjacent United States Marine Corps Mountain Warfare Training Center on lands outside the wilderness under agreement with the Secretary. (2) Emigrant wilderness addition.--Certain land in the Humboldt-Toiyabe National Forest, comprising approximately 640 acres, as generally depicted as Area D on the map entitled ``Hoover Proposed Wilderness Addition'' and dated August 8, 2005, is incorporated in, and which shall be deemed to be a part of the Emigrant Wilderness as designated by Public Law 88- 577. SEC. 4. ADMINISTRATION OF WILDERNESS AREAS. (a) Management.--Subject to valid existing rights, each area designated as wilderness by this Act shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) except that-- (1) any reference in that Act to the effective date shall be considered to be a reference to the date of the enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the wilderness. (b) Map and Description.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of each wilderness area designated by this Act with-- (A) the Committee on Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate office of the Secretary. (c) Incorporation of Acquired Land and Interests.--Any land within the boundary of a wilderness area designated by this Act that is acquired by the United States shall-- (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.) and any other applicable law. (d) Withdrawal.--Subject to valid rights in existence on the date of the enactment of this Act, the Federal land designated as wilderness by this Act is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (e) Fire, Insect, and Disease Management Activities.-- (1) In general.--The Secretary may take such measures in the wilderness areas designated by this act as are necessary for the control and prevention of fire, insects, and diseases, in accordance with-- (A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and (B) House Report No. 98-40 of the 98th Congress. (2) Review.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall review existing policies applicable to the wilderness areas designated by this Act to ensure that authorized approval procedures for any fire management measures allow a timely and efficient response to fire emergencies in the wilderness areas. (f) Snow Sensors and Stream Gauges.--If the Secretary determines that hydrologic, meteorologic, or climatological instrumentation is appropriate to further the scientific, educational, and conservation purposes of the wilderness areas designated by this Act, nothing in the Act shall prevent the installation and maintenance of the instrumentation within the wilderness areas. (g) Military Activities.--Nothing in this Act precludes low-level overflights of military aircraft, the designation of new units of special airspace, or the use or establishment of military flight training routes over wilderness areas designated by this Act. (h) Livestock.--Grazing of livestock and the maintenance of existing facilities related to grazing in the wilderness areas designated by this Act, established before the date of the enactment of this Act shall be permitted to continue in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405). (i) Fish and Wildlife Management.-- (1) In general.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore populations and habitats for fish and wildlife in wilderness areas designated by this Act if such activities are-- (A) consistent with applicable wilderness management plans; and (B) carried out in accordance with applicable guidelines and policies. (2) State jurisdiction.--Nothing in this Act affects the jurisdiction of the State of California with respect to fish and wildlife on public land. (j) Adjacent Management.-- (1) In general.--Nothing in this Act creates protective perimeters or buffer zones around the wilderness areas designated by this Act. (2) Non-wilderness activities.--The fact that non- wilderness activities or uses can be seen or heard from areas within a wilderness area designated by this Act shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. SEC. 5. WILD AND SCENIC RIVER DESIGNATION. (a) Designation of the Amargosa Wild and Scenic River, California.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(167) Amargosa river, california.--The following segments of the Amargosa River in the State of California, to be administered by the Secretary of Interior: ``(A) The approximately 4.03 miles of the Amargosa River from the northern boundary of section 7 T21N R7E to 100 feet upstream of the Tecopa Hot Springs road crossing, as a scenic river. ``(B) The approximately 6.69 miles of the Amargosa River from 100 feet downstream of the Tecopa Hot Springs Road crossing to 100 feet upstream of the Old Spanish Trail Highway crossing near Tecopa, as a scenic river. ``(C) The approximately 7.82 miles of the Amargosa River from the northern boundary of section 16 T20N R7E to the boundary of the Kingston Range Wilderness excluding the Sperry Wash OHV corridor in section 10 T19N R7E, as a wild river. ``(D) The approximately 5.41 miles of the Amargosa River from the boundary of the Kingston Range Wilderness in section 10 T19N R7E to the southern boundary of section 31 T19N R7E, as a recreational river.''. SEC. 6. APPROPRIATIONS FOR WINTER MANAGEMENT OF THE HUMBOLDT-TOIYABE NATIONAL FOREST. There is authorized to be appropriated $2,000,000 annually to the Secretary of Agriculture for management and enforcement of snowmobile use in areas adjacent to the Hoover Wilderness Addition in the Humboldt-Toiyabe National Forest.", "summary": "Eastern Sierra Rural Heritage and Economic Enhancement Act - Designates as wilderness areas and components of the National Wilderness Preservation System certain lands in the Humboldt-Toiyabe National Forest, which shall be deemed part of the Hoover Wilderness and Emigrant Wilderness. Authorizes appropriations for management and enforcement of snowmobile use on such lands. Amends the Wild and Scenic Rivers Act to designate specified segments of the the Amargosa River, California, as a component of the national wild and scenic rivers system."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cocopah Lands Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The reservation of the Cocopah Tribe of Arizona is located in Yuma County, Arizona. (2) That reservation was created by an Executive order signed by President Woodrow Wilson in 1917. (3) The Tribe's land holdings are located within 3 noncontiguous reservations comprising a total of approximately 6,226.3 acres of trust land. (4) The Tribe purchased the additional lands to provide infrastructure to housing areas, water, and economic development to tribal members. (5) The current trust land base of the reservation is insufficient to provide such needs. (6) The Tribe acquired 7 parcels of land contiguous to its present reservation lands in 1986, 1993, 1997, and 2005, and these parcels are currently classified as ``Tribal fee lands'' under Federal law. (7) The acquired parcels shall not be taken into trust for gaming purposes. (8) The best means of solving the Tribe's land and economic needs to its tribal members is to require the Secretary to take lands in Yuma County, Arizona, that are acquired by the Tribe into trust for the Tribe subject to the provisions of this Act. SEC. 3. DEFINITIONS. For the purpose of this Act, the following definitions apply: (1) Tribe.--The term ``Tribe'' means the Cocopah Tribe of Arizona. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LANDS TO BE TAKEN INTO TRUST. (a) Lands To Be Taken Into Trust.--If the Tribe transfers title to the land described in subsection (b) to the Secretary, the Secretary shall take that land into trust for the benefit of the Tribe, if at the time of such transfer there are no recognized environmental conditions or contamination related concerns and no adverse legal claims to such land, including outstanding liens, mortgages, or taxes owed. (b) Land Described.--The land referred to in subsection (a) is described as follows: (1) Parcel 1 (sibley purchase 1986).--Lot 4 and the SW\\1/4\\ of the NW\\1/4\\, of Sec. 1, T. 10 S., R. 25 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona, except that portion of the SW\\1/4\\ of the NW\\1/4\\, of said Sec. 1, T. 10 S., R. 25 W., lying southeasterly of the north right-of-way line of the Bureau of Reclamation levee. (2) Parcel 2 (sibley purchase 1986).--Lot 1 and the SE\\1/4\\ of the NE\\1/4\\, of Sec. 2, T. 10 S., R. 25 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona. (3) Parcel 3 (mcdaniel purchase 1993).--That part of the E\\1/2\\ of the SE\\1/4\\, lying south of the East Main Bureau of Reclamation Canal right of way in Sec. 30, T. 9 S., R. 23 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona. (4) Parcel 4 (holland purchase 1997).--That portion of the NW\\1/4\\ of the NE\\1/4\\, of Sec. 31, T. 16 S., R 22 E., of the San Bernardino Base and Meridian, Yuma County, Arizona, lying north of the levee and Salinity Canal; except the north 220 feet. (5) Parcel 5 (holland purchase 1997).--An easement over the easterly 15 feet of the north 220 feet of that portion of the NW\\1/4\\ of the NE\\1/4\\, of Sec. 31, T. 16 S., R. 22 E., of the San Bernardino Base and Meridian, Yuma County, Arizona, lying north of the levee and Salinity Canal for irrigation purposes. (6) Parcel 6 (powers purchase 1997).--Lots 21, 24, and 25, Sec. 29, and Lots 16 and 17 and the N\\1/2\\ of the SW\\1/4\\ of the SE\\1/4\\, of Sec. 30, T. 16 S., R. 22 E., of the San Bernardino Meridian, Yuma County, Arizona, according to the dependent resurvey of the Bureau of Land Management, accepted December 9, 1960. (7) Parcel 7 (speed way purchase 2005).--That portion of the W\\1/2\\ of the SE\\1/4\\ of Sec. 30, T. 9 S., R. 23 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona, lying south and east of the East Main Canal; except the south 33 feet thereof; except one-third interest in and to all mineral rights, as reserved in the deed recorded in Docket 1461, page 600, records of Yuma County, Arizona. (c) Lands To Be Made Part of the Reservation.--Land taken into trust pursuant to subsection (a) shall be considered to be part of the Tribe's initial reservation. (d) Service Area.--For the purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall be Yuma County, Arizona. (e) Gaming Prohibited.--Land taken into trust for the benefit of the Tribe under this Act shall not be used for gaming under the Indian Gaming Regulatory Act. Passed the House of Representatives July 30, 2007. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Cocopah Lands Act - Provides that if the Cocopah Indian Tribe of Arizona transfers title to certain described land to the Secretary of the Interior, the Secretary shall take it into trust for the benefit of the Tribe, if there are no recognized environmental conditions or contamination related concerns and no adverse legal claims to it, including outstanding liens, mortgages, or taxes owed. Considers such land to be part of the Tribe's initial reservation. Designates Yuma county, Arizona, to be the Tribe's service area for the delivery of federal services to enrolled members of the Tribe. Prohibits its use for gaming under the Indian Gaming Regulatory Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Icebreaker Fund Act of 2015''. SEC. 2. NATIONAL ICEBREAKER FUND. (a) Establishment of Fund.--Chapter 15 of title 14, United States Code, is amended-- (1) by redesignating subchapter III as subchapter IV; (2) by redesignating section 581 as section 591; and (3) by inserting after chapter II the following: ``SUBCHAPTER III--ICEBREAKERS ``Sec. 581. National Icebreaker Fund ``(a) Establishment.--There is established in the Treasury of the United States a fund to be known as the `National Icebreaker Fund'. ``(b) Use.-- ``(1) Authorized purposes.--Amounts in the Fund shall be available for obligation and expenditure by the Secretary only for the following purposes: ``(A) Construction, alteration, and renovation of icebreakers for the Coast Guard, including design work related to construction, alteration, and renovation. ``(B) Lease or charter of icebreakers for the Coast Guard. ``(2) Authorization required.--Amounts in the Fund may be obligated or expended only in amounts authorized by law. ``(c) Deposits.--There shall be deposited in the Fund the following: ``(1) All funds appropriated to the department in which the Coast Guard is operating for-- ``(A) construction, alteration, and renovation of icebreakers, including design work related to construction, alteration, and renovation; or ``(B) lease or charter of icebreakers. ``(2) All receipts from the disposition of icebreakers by the Federal Government. ``(3) Unobligated funds that are transferred to the Fund under subsection (d). ``(4) Contributions of money, and proceeds of other contributions, accepted under subsection (e). ``(5) All funds appropriated to the Department of Defense or any other Federal agency for-- ``(A) construction, alteration, and renovation of icebreakers, including design work related to construction, alteration, and renovation; or ``(B) lease or charter of icebreakers. ``(d) Transfers.--At the end of any fiscal year, the Secretary may transfer to the Fund any unobligated funds remaining from funds under the administrative control of the Secretary. ``(e) Acceptance of Support.-- ``(1) In general.--The Secretary may accept from any person, foreign government, or international organization any contribution of money, personal property, or assistance in-kind for support of icebreaking in the polar regions. ``(2) Use.--Any contribution accepted under paragraph (1) may be retained and used by the Secretary of the department in which the Coast Guard is operating or disposed of in accordance with procedures prescribed by the Secretary, subject to the limitations in subsection (f) and paragraph (3) of this subsection. ``(f) Limitations on Use of Funds.-- ``(1) Foreign vessels.--Amounts in the Fund may not be used to lease, charter, construct, alter, renovate, or in any other way acquire any vessel built in a shipyard located in a foreign country, unless specifically authorized by law. ``(2) Construction, alteration, and renovation in united states; vessel design requirements.--Amounts in the Fund may not be used to construct, alter, or renovate a vessel in any shipyard other than a shipyard in the United States. ``(3) Purpose of expenditures.--The Secretary may-- ``(A) expend from the Fund amounts deposited under paragraphs (1), (2), and (3) of subsection (c), only for the lease, charter, construction, alteration, or renovation of icebreakers capable of search and rescue, saving of life at sea, maritime safety and security, drug and migrant interdiction, fisheries law enforcement, and environmental response in the Arctic; and ``(B) expend from the Fund the amounts deposited under paragraphs (4) and (5) of subsection (c), for-- ``(i) activities described in subparagraph (A); or ``(ii) additional capabilities that are-- ``(I) necessary to carry out national defense missions; or ``(II) for missions related to research and resupply in the Antarctic. ``(g) Expiration of Appropriated Funds After 10 Years.--No part of an appropriation that is deposited in the Fund under subsection (c)(1) shall remain available for obligation more than 10 years after the end of fiscal year for which appropriated, except to the extent specifically provided by law. ``(h) Budget Requests.--Budget requests submitted to Congress for the Fund shall separately identify-- ``(1) the amount requested for programs, projects, and activities for construction, alteration, and renovation of icebreakers; and ``(2) the amount requested for programs, projects, and activities for lease or charter of icebreakers; ``(i) Definitions.--In this section: ``(1) The term `Fund' means the National Icebreaker Fund established by subsection (a). ``(2) The term `icebreaker' means an icebreaker capable of operations in polar regions.''. (b) Clerical Amendment.--The analysis for such chapter is amended by striking the items relating to subchapter III and inserting the following: ``subchapter iii. icebreakers ``Sec. 581. National Icebreaker Fund ``subchapter iv. definitions ``Sec. 591. Definitions.''. SEC. 3. INTERNATIONAL AGREEMENT. The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of State and the Director of the National Science Foundation, shall enter into an agreement with nations that operate facilities in Antarctica to establish a mechanism to provide icebreaking services necessary to supply those facilities by constructing, leasing or chartering, renovating, operating, or maintaining an icebreaker capable of performing such services.", "summary": "National Icebreaker Fund Act of 2015 This bill establishes the National Icebreaker Fund, which shall be available for obligation and expenditure only for construction, alteration, renovation, and the lease or charter of icebreakers for the Coast Guard. There shall be deposited into the Fund: (1) all funds appropriated to any federal agency for construction, alteration, renovation, or the lease or charter of icebreakers; and (2) all receipts from the disposition of icebreakers by the federal government. Amounts in the Fund may not be used to: (1) lease, charter, construct, alter, renovate, or otherwise acquire any vessel built in a shipyard located in a foreign country, unless specifically authorized by law; or (2) construct, alter, or renovate a vessel in any shipyard other than a U.S. shipyard. Amounts in the Fund may be expended for: (1) the lease, charter, construction, alteration, or renovation of icebreakers capable of search and rescue, saving of life at sea, maritime safety and security, drug and migrant interdiction, fisheries law enforcement, and environmental response in the Arctic; and (2) additional capabilities that are necessary to carry out national defense missions or for missions related to research and resupply in the Antarctic. The Secretary of the department in which the Coast Guard is operating shall enter into an agreement with nations that operate facilities in Antarctica to establish a mechanism to provide icebreaking services necessary to supply those facilities by constructing, leasing or chartering, renovating, operating, or maintaining an icebreaker."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Marshals Service 225th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the United States Marshals Service, the first law enforcement agency in America, was established under section 27 of the Act entitled ``Chapter XX.--An Act to Establish the Judicial Courts of the United States'' and enacted on September 24, 1789 (commonly referred to as the ``Judiciary Act of September 24, 1789''), during the 1st Session of the 1st Congress, and was signed into law by the 1st President of the United States, George Washington; (2) George Washington had carefully considered the appointments to the Judicial branch long before the enactment of the Judiciary Act of September 24, 1789, and appointed the first 13 United States Marshals on September 26, 1789, 2 days after signing the Act into law; (3) the United States Marshals Service has had major significance in the history in the United States and has directly contributed to the safety and preservation of this Nation, by serving as an instrument of civil authority used by all 3 branches of the United States Government; (4) one of the original 13 United States Marshals, Robert Forsyth of Georgia, a 40-year-old veteran of the Revolutionary War, was the first civilian official of the United States Government, and the first of many United States Marshals and deputies to be killed in the line of duty when he was shot on January 11, 1794, while trying to serve civil process; (5) the United States Marshals Service Commemorative Coin will be the first commemorative coin to honor the United States Marshals Service; (6) in 2008, the United States Marshals Service established a 225th Anniversary Committee to ensure a suitable national observance of the United States Marshals Service 225th Anniversary, to take place on or about September 24, 2014, to support and facilitate marketing efforts for a commemorative coin and related activities for the United States Marshals Service 2014 observances; (7) a commemorative coin will bring national and international attention to the lasting legacy of this Nation's oldest law enforcement agency; (8) the United States should pay tribute to the Nation's oldest law enforcement agency, the United States Marshals Service, by minting and issuing commemorative coins in accordance with this Act; and (9) the proceeds from a surcharge on the sale of such commemorative coins will assist the financing of several national monuments, museums, and charitable organizations, including the United States Marshals Service National Museum, the National Law Enforcement Museum and Memorial, and the Center for Missing and Exploited Children. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 225th anniversary of the establishment of the United States Marshals Service, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 142,000 $5 gold coins, which shall-- (A) weigh 33.931 grams; (B) have a diameter of 32.7 millimeters; and (C) contain 1 troy ounce of fine gold. (2) $1 silver coins.--Not more than 503,000 $1 coins of each of the designs specified in section 4(a)(3)(B), which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent alloy. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Mintage Level Coordination.--Section 5112(m)(2)(A) of title 31, United States Code, shall not apply to any mintage levels authorized under subsection (a). SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 225 years of exemplary and unparalleled achievements of the United States Marshals Service. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2014-2015''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum'', and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3) Coin images.-- (A) $5 gold coins.-- (i) Obverse.--The obverse of the $5 coins issued under this Act shall bear an image of the Marshals Services Star (also referred to as ``America's Star''). (ii) Reverse.--The reverse of the $5 coins issued under this Act shall bear a design emblematic of the sacrifice and service of the men and women of the United States Marshals Service who lost their lives in the line of duty. (iii) Edge incusion.--It is the sense of the Congress that, to the extent practicable, the edge of the $5 coins issued under this Act shall bear the motto of the United States Marshals Service ``Justice, Integrity, Service''. (iv) High relief.--The design and inscriptions on the obverse and reverse of the $5 coins issued under this Act shall be in high relief. (B) $1 silver coins.-- (i) Obverse.--The obverse of the $1 coins issued under this Act shall bear an image of the Marshals Services Star (also referred to as ``America's Star''). (ii) Edge incusion.--It is the sense of the Congress that, to the extent practicable, the edge of each $1 coin shall bear the motto of the United States Marshals Service ``Justice, Integrity, Service''. (4) Realistic and historically accurate depictions.--The images for the designs of coins issued under this Act shall be selected on the basis of the realism and historical accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called ``Golden Age of Coinage'' in the United States, at the beginning of the Twentieth Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Director of the United States Marshals Service, the Historian of the United States Marshals Service, and the Commission of Fine Arts; and (2) reviewed by-- (A) the Citizens Coin Advisory Committee; and (B) the United States Marshals Service 225th Anniversary Committee, a panel to be formed consisting of administrative and operational members of the United States Marshals Service, past or present. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in proof quality and uncirculated quality. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins to the public minted under this Act beginning on September 24, 2014, the 225th anniversary date of the United States Marshals Service, except for a limited number to be issued prior to such date to the Director of the United States Marshals Service and employees of the Service for display and presentation during the 225th Anniversary celebration. Coins issued under this Act shall be treated as a coin program for calendar year 2015 for purposes of section 5112(m)(1) of title 31, United States Code. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2015. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (3) United states marshals service employees.--To the extent possible, the Secretary shall make arrangements to ensure that current, former, and retired employees of the United States Marshals Service, names to be verified by the Director thereof, or the designee thereof, have an exclusive defined period of time to place prepaid orders under paragraph (1) at the same reasonable discount referred to in paragraph (2). (c) Presentation.--In addition to the issuance of coins under this Act in such other methods of presentation as the Secretary determines appropriate, the Secretary shall provide, as a sale option, a presentation case which displays the $5 gold and the $1 silver coins. The presentation case should bear a depiction of the current badge of the United States Marshals Service. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 gold coin. (2) A surcharge of $10 per coin for the $1 silver coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly distributed as follows: (1) The first $5,000,000 available for distribution under this section to the Director of the United States Marshals Service National Museum located in Fort Smith, Arkansas, for the preservation, maintenance, and display of artifacts and documents of the United States Marshals Service. (2) Of amounts available for distribution after the payment under paragraph (1)-- (A) $1,000,000 to the National Center for Missing and Exploited Children located in Washington, DC; (B) $1,000,000 to the National Law Enforcement Officers Memorial Fund located in Washington, DC, in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial; (C) $1,000,000 to the Federal Law Enforcement Officers Association; (D) $500,000 to the William ``Bill'' Degan Scholarship Fund, which provides scholarships for spouses and children of law enforcement officers killed in the line of duty; (E) $500,000 to the Robert D. May Scholarship Fund, which provides scholarships for spouses and children of law enforcement officer killed in the line of duty; (F) $500,000 to the Community Oriented Policing Service; and (G) $500,000 to the United States Marshals Service Association, a charitable organization under section 501(c)(3) of the Internal Revenue Code of 1986, located in Miami, Florida. (c) Audits.--All organizations, associations, and funds under this Act shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). The Secretary may issue guidance to carry out this subsection. SEC. 8. BRONZE DUPLICATES. The Secretary may strike and sell bronze duplicates of the $5 gold coins authorized under this Act, at a price that the Secretary determines to be appropriate.", "summary": "United States Marshals Service 225th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue $5 gold and $1 silver coins emblematic of the 225 years of exemplary and unparalleled achievements of the U.S. Marshals Service. Requires all such coin sales to include a surcharge of: (1) $35 per $5 coin; and (2) $10 per $1 coin. Requires distribution of the first $5 million to the Director of the United States Marshals Service National Museum, for the preservation, maintenance, and display of artifacts and documents of the U.S. Marshals Service. Requires distribution of: (1) $1 million to the National Center for Missing and Exploited Children; (2) $1 million to the National Law Enforcement Officers Memorial Fund in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial; (3) $1 million to the Federal Law Enforcement Officers Association; (4) $500,000 to the William \"Bill\" Degan Scholarship Fund (provides scholarships for spouses and children of law enforcement officers killed in the line of duty); (5) $500,000 to the Robert D. May Scholarship Fund (provides scholarships for spouses and children of law enforcement officers killed in the line of duty); (6) $500,000 to the Community Oriented Policing Service; and (7) $500,000 to the Retired United States Marshals Service Association. Authorizes the Secretary to strike and sell bronze duplicates of the $5 gold coins."}
{"article": "SECTION 1. AGREEMENT TO ESTABLISH BINATIONAL COMMISSION. The President is authorized and encouraged to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. SEC. 2. DUTIES. It should be the duty of the Commission-- (1) to conduct a comprehensive needs assessment in the United States-Mexico border area for the purposes of identifying, evaluating, preventing, and resolving health problems that affect the general population of the area; (2) to implement the actions recommended by the needs assessment by-- (A) assisting in the coordination of the efforts of public and private persons to prevent and resolve such health problems, (B) assisting in the coordination of the efforts of public and private persons to educate such population concerning such health problems, and (C) developing and implementing programs to prevent and resolve such health problems and to educate such population concerning such health problems where a program is necessary to meet a need that is not being met by the efforts of other public or private persons; and (3) to formulate recommendations to the Governments of the United States and Mexico concerning a fair and reasonable method by which the government of one country would reimburse a public or private person in the other country for the cost of a health care service that the person furnishes to a citizen or resident alien of the first country who is unable, through insurance or otherwise, to pay for the service. SEC. 3. OTHER AUTHORIZED FUNCTIONS. In addition to the duties described in section 2, the Commission should be authorized to perform the following additional functions as the Commission determines to be appropriate: (1) To conduct or sponsor investigations, research, or studies designed to identify, study, and monitor health problems that affect the general population in the United States-Mexico border area. (2) To provide financial, technical, or administrative assistance to public or private persons who act to prevent, resolve, or educate such population concerning such health problems. SEC. 4. MEMBERSHIP. (a) Number and Appointment of United States Section.--The United States section of the Commission should be composed of 13 members. The section should consist of the following members: (1) The Secretary of Health and Human Services or such individual's delegate. (2) The commissioners of health from the States of Texas, New Mexico, California, and Arizona or such individuals' delegates. (3) 2 individuals from each of the States of Texas, New Mexico, California, and Arizona who are nominated by the chief executive officer of one of such States and are appointed by the President from among individuals-- (A) who have a demonstrated interest in health issues of the United States-Mexico border area; and (B) whose name appears on a list of 6 nominees submitted to the President by the chief executive officer of the State where the nominees resides. (b) Commissioner.--The Commissioner of the United States section of the Commission should be the Secretary of Health and Human Services or such individual's delegate to the Commission. The Commissioner should be the leader of the section. SEC. 5. REGIONAL OFFICES. The Commission should establish no fewer than 2 regional border offices in locations selected by the Commission. SEC. 6. REPORTS. Not later than February 1 of each year that occurs more than 1 year after the date of the establishment of the Commission, the Commission should submit an annual report to both the United States Government and the Government of Mexico regarding all activities of the Commission during the preceding calendar year. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Commission.--The term ``Commission'' means the United States-Mexico Border Health Commission authorized in section 1. (2) Health problem.--The term ``health problem'' means a disease or medical ailment or an environmental condition that poses the risk of disease or medical ailment. The term includes diseases, ailments, or risks of disease or ailment caused by or related to environmental factors, control of animals and rabies, control of insect and rodent vectors, disposal of solid and hazardous waste, and control and monitoring of air and water quality. (3) Resident alien.--The term ``resident alien'', when used in reference to a country, means an alien lawfully admitted for permanent residence to the country or otherwise permanently residing in the country under color of law (including residence as an asylee, refugee, or parolee). (4) United states-mexico border area.--The term ``United States-Mexico border area'' means the area located in the United States and Mexico within 100 kilometers of the border between the United States and Mexico.", "summary": "Authorizes the President to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. Declares that it should be the duty of the Commission to: (1) conduct a needs assessment in the U.S.-Mexican border area to identify and resolve health problems that affect the general population of the area; (2) coordinate public and private entities to educate the population about, and resolve, such health problems and develop programs to meet needs that are not being met by such persons; and (3) formulate recommendations for a fair method by which the government of one country would reimburse a public or private entity in the other country for the cost of a health care service furnished to a citizen of the first country who is unable to pay for the service."}
{"article": "SECTION 1. PURPOSES. The purposes of this Act are as follows: (1) To grow the number of highly accomplished recent college graduates teaching in underserved urban and rural communities in the United States. (2) To increase the number of school districts and communities served by a nationally recruited corps of outstanding new teachers. (3) To build a broader pipeline of talented and experienced future leaders in public education and education reform. SEC. 2. DEFINITIONS. In this Act: (1) In general.--The terms ``highly qualified'', ``local educational agency'', and ``Secretary'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Grantee.--The term ``grantee'' means Teach For America, Inc. (3) High need.--The term ``high need'', when used with respect to a local educational agency, means a local educational agency experiencing a shortage of highly qualified teachers. SEC. 3. GRANT PROGRAM AUTHORIZED. The Secretary is authorized to award a grant to Teach For America, Inc., the national teacher corps of outstanding recent college graduates who commit to teach for 2 years in underserved communities in the United States, to implement and expand its program of recruiting, selecting, training, and supporting new teachers. SEC. 4. GRANT REQUIREMENTS. In carrying out the grant program under section 3, the Secretary shall enter into an agreement with the grantee under which the grantee agrees to use the grant funds provided under this Act-- (1) to provide highly qualified teachers to high need local educational agencies in urban and rural communities; (2) to pay the cost of recruiting, selecting, training, and supporting new teachers; and (3) to serve a substantial number and percentage of underserved students. SEC. 5. AUTHORIZED ACTIVITIES. (a) In General.--Grant funds provided under this Act shall be used by the grantee to carry out each of the following activities: (1) Recruiting and selecting teachers through a highly selective national process. (2) Providing preservice training to the teachers through a rigorous summer institute that includes hands-on teaching experience and significant exposure to education coursework and theory. (3) Placing the teachers in schools and positions designated by partner local educational agencies as high need placements serving underserved students. (4) Providing ongoing professional development activities for the teachers' first 2 years in the classroom, including regular classroom observations and feedback, and ongoing training and support. (b) Limitation.--The grantee shall use all grant funds received under this Act to support activities related directly to the recruitment, selection, training, and support of teachers as described in subsection (a). SEC. 6. EVALUATION. (a) Annual Report.--The grantee shall provide to the Secretary an annual report that includes-- (1) data on the number and quality of the teachers provided to local educational agencies through a grant under this Act; (2) an externally conducted analysis of the satisfaction of local educational agencies and principals with the teachers so provided; and (3) comprehensive data on the background of the teachers chosen, the training the teachers received, the placement sites of the teachers, the professional development of the teachers, and the retention of the teachers. (b) Study.-- (1) In general.--The Secretary shall provide for a study that examines the achievement levels of the students taught by the teachers assisted under this Act. (2) Achievement gains compared.--The study shall compare, within the same schools, the achievement gains made by students taught by teachers who are assisted under this Act with the achievement gains made by students taught by teachers who are not assisted under this Act. (3) Requirements.--The Secretary shall provide for such a study not less than once every 3 years, and each such study shall include multiple placement sites and multiple schools within placement sites. (4) Peer review standards.--Each such study shall meet the peer review standards of the education research community. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2006 and an amount not to exceed $25,000,000 for each succeeding fiscal year.", "summary": "Authorizes the Secretary of Education to award a grant to Teach For America, Inc. to implement and expand its program of recruiting, selecting, training, and supporting new teachers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``EQIP Improvement Act of 2018''. SEC. 2. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM REFORMS. (a) In General.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended-- (1) in subsection (d), by striking paragraph (2) and inserting the following: ``(2) Limitation on payments.--A payment to a producer for performing a practice may not exceed, as determined by the Secretary-- ``(A) except as provided in subparagraphs (B) through (D), 75 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; ``(B) 40 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training for-- ``(i) an access road; ``(ii) an animal mortality facility; ``(iii) an aquaculture pond; ``(iv) clearing and snagging; ``(v) a dam; ``(vi) a dam using a diversion; ``(vii) a dike; ``(viii) a diversion; ``(ix) a fish raceway or tank; ``(x) an irrigation pipeline; ``(xi) an irrigation reservoir; ``(xii) land clearing; ``(xiii) land smoothing; ``(xiv) a livestock pipeline; ``(xv) obstruction removal; ``(xvi) a pond; ``(xvii) a pumping plant; ``(xviii) spoil spreading; ``(xix) a surface drain using a field ditch; ``(xx) a main or lateral surface drain; ``(xxi) a vertical drain; ``(xxii) a waste facility closure; ``(xxiii) a waste storage facility; ``(xxiv) waste transfer; or ``(xxv) a waste treatment lagoon; ``(C) 100 percent of income foregone by the producer; or ``(D) in the case of a practice that includes one or more elements described in subparagraphs (A) through (C)-- ``(i) 75 percent of the costs incurred with respect to any elements described in subparagraph (A); ``(ii) 40 percent of the costs incurred with respect to any elements described in subparagraph (B); and ``(iii) 100 percent of the income forgone with respect to any elements described in subparagraph (C).''; and (2) in subsection (f), by striking the subsection designation and heading and all that follows through ``For each'' in paragraph (2) and inserting the following: ``(f) Allocation of Funding for Wildlife Habitat.--For each''. (b) Limitation on Payments.--Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended by striking ``$450,000'' and inserting ``$150,000''. (c) Program Reforms.--Section 1240F of the Food Security Act of 1985 (16 U.S.C. 3839aa-6) is amended-- (1) in the matter preceding paragraph (1), by striking ``To the extent'' and inserting the following: ``(a) Producer Assistance.--To the extent''; and (2) by adding at the end the following: ``(b) Program Reforms.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall-- ``(1) coordinate the program with the conservation effects assessments carried out by the Secretary-- ``(A) to ensure that the conservation effects assessments consider the practical limitations and costs and benefits encountered by the Secretary in implementing the program; and ``(B) to use information collected through conservation effects assessments carried out by the Secretary to direct funds of the program to contracts that will optimize environmental benefits; and ``(2) revise guidance issued to States with regards to allocation processes of program funds within the States to provide that, in determining the allocation of program funds within a State, the State should use data regarding environmental concerns, if available, as a primary factor to prioritize projects.''. (d) High-Priority Practices.-- (1) Definition of high-priority practice.--Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1) is amended-- (A) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (B) by inserting after paragraph (1) the following: ``(2) High-priority practice.-- ``(A) In general.--The term `high-priority practice' means a land management practice or vegetative practice that, as determined by the Secretary, is a cost-effective means of addressing the most pressing specific impairments that threaten to degrade or impair-- ``(i) water quality; ``(ii) water quantity; ``(iii) soil or related natural resources within a local watershed; or ``(iv) a specific natural resource boundary. ``(B) Inclusions.--The term `high-priority practice' includes the planning, design, materials, equipment, installation, labor, management, maintenance, or training for-- ``(i) conservation cover; ``(ii) conservation crop rotation; ``(iii) cover crops; ``(iv) critical area planting; ``(v) a filter strip; ``(vi) nutrient management; ``(vii) prescribed grazing; ``(viii) residue and tillage management using no till; ``(ix) a riparian forest buffer; ``(x) a riparian herbaceous cover; and ``(xi) tree and shrub establishment.''. (2) Prioritization of applications.--Section 1240C(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa-3(b)) is amended-- (A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (B) by inserting before paragraph (2) (as redesignated by subparagraph (A)) the following-- ``(1) that consist only of the performance of one or more high-priority practices;''. (e) Report to Congress.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the following: ``(j) Annual Report to Congress.--Not less frequently than once each year, the Secretary shall submit to Congress a report describing-- ``(1) the amount obligated under the program with respect to each category of practice, with information categorized by fiscal year and State; and ``(2) the amount obligated under the program in each State, with information categorized by fiscal year and the size of the operation of each producer.''.", "summary": "EQIP Improvement Act of 2018 This bill amends the Food Security Act of 1985 to modify the Department of Agriculture (USDA) Environmental Quality Incentives Program (EQIP). (EQIP provides financial and technical assistance for agricultural producers and land owners to implement certain conservation practices.) The bill modifies EQIP to: reduce the maximum federal cost-share from 75% to 40% for specified practices, repeal the requirement for at least 60% of the funds made available for EQIP payments to be targeted at practices relating to livestock production, and reduce the five-year EQIP payment cap from $450,000 to $150,000. The bill also requires USDA to: (1) coordinate the program with the conservation effects assessments carried out by USDA, and (2) revise the guidance issued to states for allocating funds to require data regarding environmental concerns to be used as a primary factor to prioritize projects. USDA must prioritize EQIP applications that consist only of the performance of certain land management or vegetative practices that are a cost-effective means of addressing the most pressing impairments that threaten to degrade or impair water quality, water quantity, soil or related natural resources within a local watershed, or a specific natural resource boundary."}
{"article": "SECTION 1. PETITIONS CLAIMING UNREASONABLY HIGH AIR FARES OR INADEQUATE AIR CARRIER COMPETITION AT AIRPORTS. Section 41712 of title 49, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``On the initiative''; and (2) by adding at the end the following: ``(b) Petitions Claiming Unreasonably High Air Fares or Inadequate Air Carrier Competition at Airports.-- ``(1) In general.--If the Secretary receives a petition submitted by the sponsor of a commercial service airport (or by the attorney general of a State on behalf of 1 or more persons, including governmental entities, with respect to an airport) claiming that fares for scheduled air transportation at the airport are unreasonably high, or that competition between air carriers at the airport is inadequate, the Secretary shall investigate and hold a public hearing on the petition before the expiration of the 90-day period beginning on the date of receipt of the petition. ``(2) Location of hearing.--A public hearing under paragraph (1) shall be held in the community served by the airport if requested in the petition and if practicable. ``(3) Information to be provided by air carriers.--An air carrier providing air transportation at the airport shall provide to the Secretary pursuant to section 41708 such information concerning fares for air transportation and air service at the airport as the Secretary considers necessary to making findings in response to the petition. ``(4) Opportunity to testify.--A sponsor of an airport or an attorney general of a State submitting a petition under paragraph (1), and each air carrier providing air transportation at the airport, shall be provided an opportunity to testify at the public hearing conducted with respect to the petition. The Secretary may also take testimony from other interested persons and shall consider all written petitions received in response to each petition. ``(5) Findings.--Not later than 60 days after the date on which a public hearing is convened with respect to a petition submitted under this subsection, the Secretary shall issue written findings in response to the issues raised in the petition, including, at a minimum, findings as to-- ``(A) subject to paragraph (8), whether fares for air transportation at the airport are substantially higher than at comparable airports in the Nation; ``(B) whether air carrier costs to provide air transportation at the airport appear substantially higher than at comparable airports; ``(C) whether barriers to entry are discouraging or preventing other air carriers from initiating competitive air transportation at the airport; ``(D) whether marketing practices described in subsection (c) or other air carrier practices are contributing to such barriers to entry or are otherwise resulting in higher air carrier costs or higher fares for air transportation; and ``(E) as appropriate, whether any programs under the Secretary's authority could be helpful to airports in marketing their facilities to air carriers, reducing fares for air transportation, or minimizing barriers to entry by other air carriers seeking to provide air transportation at the airport. ``(6) Subsequent petitions.--If the Secretary receives a petition under this section with respect to an airport for which the Secretary has previously conducted an investigation and public hearing under this subsection, the Secretary may decide not to conduct a subsequent investigation and public hearing in response to the new petition. In deciding whether to conduct the investigation and public hearing, the Secretary shall consider whether changed circumstances may have limited the continuing validity of the Secretary's previous findings with respect to the airport. ``(7) Reports to congress.--Not later than 180 days after the date of enactment of this subsection, and at the end of each 180-day period thereafter, the Secretary shall transmit to Congress a report on the results of the investigations, if any, completed under this subsection during that period. ``(8) Limitation on statutory construction.--Nothing in this subsection may be construed to authorize the Secretary to set or invalidate any fare for air transportation. ``(c) Marketing Practices That Adversely Affect Air Carrier Competition.-- ``(1) Review.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to commercial service airports, including-- ``(A) marketing arrangements between air carriers and travel agents; ``(B) code-sharing partnerships; ``(C) frequent flyer incentive programs and restrictions on purchases of frequent flyer mileage by other air carriers; ``(D) computer reservation system displays; ``(E) gate arrangements at airports; ``(F) exclusive dealing arrangements; and ``(G) any other marketing practices that may have similar impacts. ``(2) Regulations.--If the Secretary finds, after conducting the review required by paragraph (1), that 1 or more marketing practices of air carriers inhibit the availability of quality, affordable air transportation services at commercial service airports, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations to address the marketing practices.''.", "summary": "Amends Federal aviation law to require the Secretary of Transportation to investigate and hold a public hearing with respect to each petition by the sponsor of a commercial service airport (or by the attorney general of a State on behalf of one or more persons, including governmental entities, with respect to an airport) claiming that fares for air transportation at an airport are unreasonably high, or that competition between air carriers at the airport is inadequate. Directs the Secretary to: (1) issue written findings in response to the issues raised in the petition; and (2) report to Congress the results of the investigations, if any. Directs the Secretary to review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to commercial service airports. Requires the Secretary, if it is determined that one or more marketing practices of air carriers inhibit such services, to issue regulations addressing such practices."}
{"article": "SECTION 1. FINDINGS. The Congress finds the following: (1) Family offices are not of national concern in that their advice, counsel, publications, writings, analyses, and reports are not furnished or distributed to clients on a retail basis, but are instead furnished or distributed only to persons who are members of a particular family. (2) Family offices do not hold themselves out to the public as investment advisers. (3) Family offices do not engage in the business of advising others, but instead provide a wide range of services to members of the family they serve, only one of which involves investment advice, for which they may receive compensation from the members of the family. (4) Since the Investment Advisers Act of 1940 was enacted, the Securities and Exchange Commission has regularly issued orders to individual family offices exempting them from all of the provisions of the Investment Advisers Act of 1940. (5) Section 409 of the Dodd-Frank Wall Street Reform and Consumer Protection Act expressly exempts family offices from all of the provisions of the Investment Advisers Act of 1940. (6) It was the intent of Congress that section 409 of the Dodd-Frank Wall Street Reform and Consumer Protection Act be interpreted broadly to encompass all family offices as they are currently organized and operated, as well as to encompass changes in the organization and operation of family offices in the future. SEC. 2. FAMILY OFFICE DEFINITION. Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is amended-- (1) in paragraph (11)(G), in the matter added by section 409(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, by striking ``, as defined by rule, regulation, or order of the Commission, in accordance with the purposes of this title''; (2) by redesignating the second paragraph (29), as added by section 770 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as paragraph (31); and (3) by adding at the end the following new paragraph: ``(32) Family office.-- ``(A) In general.--The term `family office' means a company (including any director, partner, trustee, or employee of such company, when acting in their respective capacities as such) that-- ``(i) has no clients other than family clients; ``(ii) is-- ``(I) owned, directly or indirectly, by, ``(II) controlled, directly or indirectly, by, or ``(III) operated primarily for the benefit of, family clients; and ``(iii) does not hold itself out to the public as an investment adviser. ``(B) Grandfathering.--A person described under section 409(b)(3) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, but who otherwise meets the requirements under subparagraph (A), shall qualify as a family office. ``(C) Definitions.--For purposes of this paragraph: ``(i) Control.--The term `control' means the power to exercise a controlling influence over the management or policies of a company, unless such power is solely the result of being an officer of such company. ``(ii) Family client.--The term `family client' means: ``(I) Any family member. ``(II) Any key employee. ``(III) Any charitable foundation, charitable organization, charitable trust, or other non-profit organization established or controlled, directly or indirectly, by persons one or more of whom is a family client. ``(IV) Any trust or estate funded exclusively by one or more family members or established primarily for the benefit of one or more family clients. ``(V) Any limited liability company, partnership, corporation, or other entity, if-- ``(aa) such entity is majority-owned or controlled, directly or indirectly, by, or operated primarily for the benefit of, one or more family clients; ``(bb) the family office is giving investment advice to such entity; and ``(cc) persons who are not otherwise defined as a family client do not own interests in such entity. ``(VI) Any former family member. ``(VII) Any former key employee, if, upon the termination of such individual's employment by the family office or family client, the former key employee shall not receive investment advice from the family office or the family client (or invest additional assets with a family office-advised trust, charitable foundation, or entity), other than with respect to assets advised, directly or indirectly, by the family office or family client immediately prior to the termination of such individual's employment, except that a former key employee shall be permitted to receive investment advice from the family office with respect to additional investments that the former key employee was contractually obligated to make, and that relate to a family office advised investment existing, in each case, prior to the time the person became a former key employee. For purposes of this subclause, the term `family office' shall include any entity described under subclause (V). ``(iii) Family member.-- ``(I) In general.--The term `family member' means: ``(aa) Any natural person whose economic activities created or substantially contributed to the family's wealth, and such person's spouse. ``(bb) The siblings, parents, grandparents of a person described in item (aa). ``(cc) The spouse of a person described in item (bb). ``(dd) The siblings of a person described in item (bb) or (cc). ``(ee) The spouse of a person described in item (dd). ``(ff) The lineal descendant of a person described in item (bb), (cc), (dd), or (ee). ``(gg) The spouse of a person described in item (ff). ``(II) Construction.--For purposes of this clause-- ``(aa) the term `lineal descendant' includes natural children, adopted children, and stepchildren; ``(bb) the term `spouse' includes spousal equivalents; and ``(cc) the terms `siblings', `parents', and `grandparents' include step- siblings, step-parents, and step-grandparents, respectively. ``(iv) Former family member.--The term `former family member' means a spouse or a descendant who was a family member but is no longer a family member due to a divorce or other similar event. ``(v) Key employee.--The term `key employee' means any natural person (and such person's spouse or lineal descendant) who is an executive officer, director, trustee, general partner, or person serving in a similar capacity, of the family office or any employee of the family office (other than an employee performing solely clerical, secretarial, or administrative functions) who, in connection with his or her regular functions or duties, participates in the investment activities of the family office. For purposes of this subclause, the term `family office' shall include any entity described under clause (ii)(V). ``(vi) Spousal equivalent.--The term `spousal equivalent' means a cohabitant occupying a relationship generally equivalent to that of a spouse. ``(D) Involuntary events.--If-- ``(i) a person that is not a family client becomes a client of the family office as a result of the death of a family member or key employee or other involuntary transfer from a family member or key employee, or ``(ii) a person ceases to be a family client, that person shall be deemed to be a family client until the end of the 1-year period beginning on the date that it is both legally and practically feasible for the family office to transfer the affected assets to such person, but in no event earlier than 1 year from the date that it becomes legally feasible to transfer the affected assets unless it becomes practically feasible to affect such a transfer sooner.''.", "summary": "Amends the Investment Advisers Act of 1940 to define \"family office\" (exempt from coverage by the Act) as a company (including any director, partner, trustee, or employee of such company, when acting in their respective capacities as such) that has no clients other than family clients and is owned, controlled, or operated primarily for the benefit of family clients and does not hold itself out to the public as an investment adviser."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrant Children's Educational Advancement and Dropout Prevention Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Undocumented children come to the United States for a variety of reasons. Most are brought to the United States by adults and have no ability to make an independent decision about whether or not to migrate to the United States. Some come with their parents. Others are brought by smugglers and traffickers intent on exploiting them. (2) It is the policy of the United States Government, supported both by acts of Congress and Supreme Court precedent, to permit undocumented children to attend public schools in the United States. This policy is rooted in recognition of the fact that such children often are not in a position to make an independent decision about where they will live, of the vulnerability of children, and by the desire to ensure that such children have an opportunity to become educated while in the United States. (3) Each year, 50,000 to 75,000 such undocumented children graduate from United States public schools after having resided in the United States for 5 or more years. (4) Young children who have resided in the United States for a substantial period of their lives often are acculturated as Americans, including learning to speak English. Often, they consider themselves Americans and have little or no knowledge or ties to the country in which they were born. (5) Current law provides little avenue for long-staying alien children to regularize their immigration status. This, in turn, prevents them from continuing their education past high school, making it less likely that they will succeed in life and encouraging many to drop out of high school before graduating. (6) While current law requires State and local governments to provide elementary and secondary education to undocumented alien children, the law effectively precludes State and local governments from providing in-State tuition to these same alien children once they have graduated from high school. (b) Purposes.--The purposes of this Act are-- (1) to provide an opportunity to certain alien children who were brought to the United States at a young age and have since been acculturated in the United States to adjust their status to lawful permanent residency and become contributing members of United States society; (2) to restore to each State the flexibility to provide in- State tuition to all children residing in the State, including to undocumented alien children; and (3) to permit and encourage alien children who were brought to the United States at a young age and have been educated in United States elementary and secondary schools to continue their education through high school graduation and into college. SEC. 3. ATTORNEY GENERAL AUTHORITY TO ADJUST STATUS OF CERTAIN CHILDREN. (a) In General.--Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended-- (1) in paragraph (3)-- (A) by striking ``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), or (3)'' each place it appears; (B) by redesignating such paragraph as paragraph (5); and (C) by moving such paragraph to follow paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: ``(3) Rule for alien residents brought to the united states as children.-- ``(A) Authority.--Subject to the restrictions in subparagraph (D), the Attorney General shall cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that-- ``(i) in the case of an alien who-- ``(I) has not attained the age of 21 at the time of application, the alien has been physically present in the United States for a continuous period of not less than five years immediately preceding the date of such application, or ``(II) has attained the age of 21 but had not attained the age of 25 at the time of application, such alien has been physically present in the United States for a continuous period of not less than five years immediately preceding the date of such application, including the five years immediately preceding the attainment of the age of 21; ``(ii) the alien has been a person of good moral character during the five-year period preceding the application and admission; and ``(iii) the alien is either a secondary school student in the United States, is attending an accredited two-year or four-year post secondary educational institution in the United States, or has submitted an application for admission to an accredited two-year or four-year post-secondary educational institution in the United States. ``(B) Treatment of minor children.--The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence if the alien is the child of an alien described in subparagraph (A). ``(C) Application for relief.--The Attorney General shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this paragraph without being placed in removal proceedings. ``(D) Restrictions on authority.--The provisions of this paragraph shall not apply to any of the following aliens: ``(i) An alien who is inadmissible under section 212(a)(2)(A)(i)(I) or is deportable under section 237(a)(2)(A)(i) (relating to crimes of moral turpitude) unless the Attorney General determines that the alien's removal would result in extreme hardship to the alien, the alien's child, or (in the case of an alien who is a child) to the alien's parent. ``(ii) An alien who is inadmissible under section 212(a)(3) or is deportable under section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii) (relating to security and related grounds).''. (b) Exemption From Numerical Limitations.--Section 240A(e)(3) of such Act (8 U.S.C. 1229b(e)) is amended by adding at the end the following new subparagraph: ``(C) Aliens described in subsection (b)(3).''. SEC. 4. ELIGIBILITY OF CANCELLATION APPLICANTS FOR FEDERAL AND STATE HIGHER EDUCATION ASSISTANCE. Notwithstanding any other provision of law, a child who has applied for relief under section 240A(b)(3) of the Immigration and Nationality Act (as added by the section 3(a)) but whose application has not been finally adjudicated, shall be deemed to be a ``qualified alien'' under section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) for the purpose of receiving any post-secondary education benefit, including any grants, loans, or scholarships. SEC. 5. STATE CONTROL OVER HIGHER EDUCATION ADMISSIONS IN STATE SYSTEMS. (a) In General.--Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat 3009-672; 8 U.S.C. 1623) is hereby repealed. (b) Effective Date.--The repeal made by subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.", "summary": "Immigrant Children's Educational Advancement and Dropout Prevention Act of 2001 - Amends the Immigration and Nationality Act to direct the Attorney General to cancel the removal of, and adjust to permanent resident status, certain (inadmissible or deportable) alien secondary or college students with qualifying years of U.S. residency. Makes such aliens eligible for Federal and State higher education assistance during the pendency of their application for cancellation of removal.Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision prohibiting an unlawful alien's eligibility for higher education benefits based on State residence unless a U.S. national is similarly eligible without regard to such State residence."}
{"article": "entitled ``A Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806(e)), as added by section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 854)), is amended-- (A) in subparagraph (A), by striking ``subparagraph (B),'' and adding ``subparagraphs (B) and (C),''; (B) by redesignating subparagraph (B) as subparagraph (D); and (C) by inserting after subparagraph (A) the following: ``(B) Special rule.-- ``(i) In general.--Except as provided in subparagraph (D), no alien who is described in clause (ii) may be removed from the United States on the grounds that such alien's presence in the Commonwealth of the Northern Mariana Islands is in violation of section 212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)), prior to the date that is 5 years after the transition program effective date. ``(ii) Alien described.--An alien described in this clause is an alien who-- ``(I) on May 8, 2008, was a resident of the Commonwealth of the Northern Mariana Islands and was-- ``(aa) a permanent resident (as that term is defined in part 5-40.0-201 of the Northern Mariana Islands Administrative Code); ``(bb) an immediate relative of a citizen (as those terms are defined in such part 5-40.0-201); or ``(cc) the parent of a citizen (as that term is defined in such part 5-40.0- 201) who was under 21 years of age; and ``(II) on the transition program effective date, was lawfully present in the Commonwealth of the Northern Mariana Islands or only temporarily absent from the Commonwealth pursuant to the immigration laws of the Commonwealth. ``(C) Special nonimmigrant visa for parents.-- ``(i) In general.--An alien parent described in subparagraph (B)(ii)(cc) is eligible for a special nonimmigrant visa issued pursuant to this subparagraph. Such visa shall-- ``(I) grant the alien all of the privileges granted to an alien lawfully admitted for permanent residence, except that the alien shall reside in the Commonwealth of the Northern Mariana Islands; and ``(II) be valid until the earlier of-- ``(aa) the date that the child of the alien petitions for an adjustment of status for the alien to that of an alien lawfully admitted for permanent residence (as that term is defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))); ``(bb) the date that the alien ceases to reside in the Commonwealth; or ``(cc) November 28, 2014. ``(ii) Petitions for adjustment of status.--A child of an alien parent described in subparagraph (B)(ii)(cc) may petition for an adjustment of status for the alien parent as described in clause (i)(II)(aa) during the period beginning on January 1, 2014, and ending on November 28, 2014, regardless of the age of the child.''. (2) Construction.--Such paragraph (1), as amended by paragraph (1) of this subsection, is further amended by adding at the end the following: ``(E) Construction.--This paragraph shall be construed to permit an alien who may not be removed 212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)) under subparagraph (A) or (B) of this paragraph to leave the Commonwealth of the Northern Mariana Islands for a temporary absence and return to the Commonwealth pursuant to the entrance permit issued to the alien by the Commonwealth.''. (3) Employment authorization.--Paragraph (2) of such section 6(e), is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses two ems to the right; (B) by striking ``An alien'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), an alien''; and (C) by adding at the end the following: ``(B) Special rule.--An alien who is described in paragraph (1)(B)(ii) shall be considered authorized by the Secretary of Homeland Security to be employed in the Commonwealth of the Northern Mariana Islands until the date that is 5 years after the transition program effective date.''. (4) Registration.--Paragraph 3 of such section 6(e) is amended to read as follows: ``(3) Registration.-- ``(A) Requirement for registration.--Beginning not later than November 28, 2009, and on an on-going basis, the Secretary of Homeland Security shall require any alien present in the Commonwealth of the Northern Mariana Islands on or after the transition period effective date to register with the Secretary. ``(B) Schedule for initial registration.--The Secretary shall complete the initial registration of all aliens required to register under subparagraph (A) not later than February 1, 2010. ``(C) Inapplicability of prohibition on removal and employment authorization.--Paragraphs (1) and (2) shall not apply to any alien who fails to register as required by this paragraph. ``(D) Cooperation.--Notwithstanding any other provision of law, the Government of the Commonwealth of the Northern Mariana Islands shall provide to the Secretary all Commonwealth immigration records or other information that the Secretary deems necessary to assist in the implementation of this paragraph or other provisions of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 854) or any amendment made by that Act. ``(E) Construction with the ina.--Nothing in this paragraph may be construed to modify or limit the application of section 262 of the Immigration and Nationality Act (8 U.S.C. 1302) or any other provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) relating to the registration of aliens.''. SEC. 2. ADJUSTMENT OF STATUS FOR PERMANENT RESIDENTS OF THE COMMONWEALTH. Section 6 of the Joint Resolution entitled ``A Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806(e)), as added by section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 854)) is amended-- (1) by redesignating subsections (f), (g), and (h), as subsections (g), (h), and (i), respectively; and (2) by inserting after subsection (e) the following: ``(f) Adjustment of Status for Permanent Residents of the Commonwealth.-- ``(1) Special nonimmigrant visa.--An alien who was, on May 8, 2008, described in part 5-40.1-200 of the Administrative Code of the Northern Mariana Islands (as in effect on such date) is eligible for a special nonimmigrant visa issued pursuant to this paragraph. Such visa shall-- ``(A) grant the alien all of the privileges granted to an alien lawfully admitted for permanent residence, except that the alien shall reside in the Commonwealth of the Northern Mariana Islands; and ``(B) be valid until the earlier of-- ``(i) the date on which the alien adjusts status under paragraph (2); or ``(ii) the date on which the alien ceases to reside in the Commonwealth. ``(2) Adjustment of status.--An alien is eligible for an adjustment of status to that of an alien lawfully admitted for permanent residence (as that term is defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))), pursuant to this paragraph, if the alien-- ``(A) was, on May 8, 2008, described in part 5- 40.1-200 of the Administrative Code of the Northern Mariana Islands (as in effect on such date); and ``(B) applies for such status during the period beginning on January 1, 2014, and ending on November 28, 2014.''. SEC. 3. NORTHERN MARIANA ISLANDS VISITOR ENTRY PROGRAM TRANSITION. (a) In General.--Notwithstanding section 705(b) of the Consolidated Natural Resources Act of 2008 (48 U.S.C. 1806(b)), the amendments made by section 702(b) of such Act shall take effect on the date that is 180 days after the transition program effective date described in section 6(a) of Public Law 94-241 (48 U.S.C. 1806(a)) (as added by section 702(a) of the Consolidated Natural Resources Act of 2008). In a case in which the transition program effective date has been modified under paragraph (3) of such section 6(a) before the date of the enactment of this Act, such amendments shall take effect on the date that is 180 days after the modified date. (b) Treatment of CNMI Visitor Entry Program.--During the 180-day period referred to in subsection (a), the Secretary of Homeland Security shall administer the visitor entry program of the Commonwealth of the Northern Mariana Islands consistent with the provisions of Commonwealth law governing the program that were in effect on the day before the commencement of such period. SEC. 4. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF THE COMMONWEALTH. (a) In General.--The Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 754) is amended by inserting after section 703 the following: ``SEC. 703A. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF THE COMMONWEALTH. ``(a) Family-Based Immigration Benefit Application and Petition Fees.-- ``(1) In general.--The Secretary of State, the Attorney General, and the Secretary of Homeland Security shall reduce the fees for family-based immigration benefit applications and petitions (including associated fees, such as fees for fingerprinting or supporting documents) collected from residents of the Commonwealth of the Northern Mariana Islands who had immediate relative status pursuant to the immigration laws of the Commonwealth of the Northern Mariana Islands on May 8, 2008. ``(2) Amount of reduction.--The amount of the reduction shall be established by the Secretary of Homeland Security. It shall be a percentage reduction that is as least as great as the difference (expressed as a percentage) between the average per capita income in the Commonwealth of the Northern Mariana Islands and the average national per capita income in the United States as a whole (as determined according to the most recent data available from the Bureau of the Census). ``(b) Requirements for Sponsor's Affidavit of Support.--In the case of a resident of the Commonwealth of the Northern Mariana Islands who had immediate relative status pursuant to the immigration laws of the Commonwealth of the Northern Mariana Islands on May 8, 2008, section 213A(f)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1183a(f)(1)(E)) shall not apply. ``(c) Effective Date.--This section shall take effect on the date of the enactment of this section and shall cease to be effective on December 31, 2014.''. (b) Clerical Amendment.--The table of contents for the Consolidated Natural Resources Act of 2008 (16 U.S.C. 1 note) is amended by inserting after the item relating to section 703 the following: ``703A. Family-based immigration fee reduction for residents of the Commonwealth.''. SEC. 5. EFFECTIVE DATES. (a) Section 3.--Section 3 shall take effect on the date of the enactment of this Act. (b) Section 4.--Section 703A of the Consolidated Natural Resources Act of 2008, as added by section 4 of this Act, shall be effective in accordance with subsection (c) of such section 703A. (c) Other Provisions.--Except as provided in subsection (b), the amendments made by this Act shall take effect as if included in the enactment of subtitle A of title VII of the Consolidated Natural Resources Act of 2008.", "summary": "Prohibits, subject to an existing provision, an alien who on May 8, 2008, was a resident of the Commonwealth of the Northern Mariana Islands (CNMI) from being removed from the United States on the grounds of illegal presence in the CNMI prior to the date that is five years after the transition program effective date if such alien is lawfully present in the CNMI on such date and is: (1) a permanent resident of the CNMI; (2) an immediate relative of a citizen; or (3) the parent of a citizen who was under 21 years old. Makes such an alien parent eligible for a special nonimmigrant visa. Specifies conditions for such visa, including the requirement that the parent reside in the CNMI. Makes an alien who, as of May 8, 2008, was subject to CNMI immigration regulations eligible for a special nonimmigrant visa. Provides that such visa shall: (1) grant the alien all the privileges of an alien lawfully admitted for permanent residence except that the alien must reside in the CNMI; and (2) be valid until the earlier of the date on which the alien adjusts to permanent resident status or the date on which the alien ceases to reside in the CNMI. Makes an alien who, as of May 8, 2008, was subject to CNMI immigration regulations eligible for adjustment to permanent resident status if such alien applies for adjustment between January 1, 2014-November 28, 2014. Extends the effective date of the CNMI visitor entry program for 180 days. Directs the Secretary of Homeland Security (DHS) to administer the program during such 180-day period consistent with CNMI provisions governing the program that were in effect prior to the commencement of such period. Amends the Consolidated Natural Resources Act of 2008 to: (1) direct the Secretary of State, the Attorney General, and the Secretary of DHS to reduce the fees for family-based immigration benefit applications and petitions collected from CNMI residents who had immediate relative status pursuant to CNMI immigration laws as of May 8, 2008; and (2) waive related sponsor income requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``Jason's Law''. SEC. 2. TRUCK PARKING FACILITIES. (a) Establishment.--In cooperation with appropriate State, regional, and local governments, the Secretary of Transportation (referred to in this Act as the ``Secretary'') shall implement a pilot program to address the shortage of long-term parking for commercial motor vehicles on the National Highway System. (b) Allocation of Funds.-- (1) In general.--The Secretary shall allocate funds made available to carry out this section among States, metropolitan planning organizations, and local governments. (2) Applications.--To be eligible for an allocation under this section, a State (as defined in section 101(a) of title 23, United States Code), metropolitan planning organization, or local government shall submit to the Secretary an application at such time and containing such information as the Secretary may require. (3) Eligible projects.-- (A) In general.--Funds allocated under this subsection shall be used by the recipient for projects described in an application approved by the Secretary. (B) Types of projects.--A project carried out using funds allocated under this subsection-- (i) shall serve the National Highway System; and (ii) may include-- (I) construction of safety rest areas (as defined in section 120(c) of title 23, United States Code) that include parking for commercial motor vehicles; (II) construction of commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas; (III) the opening of existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities; (IV) promotion of the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means; (V) construction of turnouts along the National Highway System for commercial motor vehicles; (VI) making capital improvements to public commercial motor vehicle parking facilities that, as of the date of enactment of this Act, are closed on a seasonal basis; and (VII) improvement of the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities. (4) Priority.--In allocating funds made available to carry out this section, the Secretary shall give priority to applicants that-- (A) demonstrate a severe shortage of commercial motor vehicle parking capacity in the corridor to be addressed; (B) have consulted with affected State and local governments, community groups, private providers of commercial motor vehicle parking, and motorist and trucking organizations; and (C) demonstrate that the proposed projects are likely to have positive effects on highway safety, traffic congestion, or air quality. (c) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the pilot program. (d) Funding.-- (1) In general.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $20,000,000 for each of fiscal years 2010 through 2015. (2) Contract authority.--Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that-- (A) the funds shall not be transferable and shall remain available until expended; and (B) the Federal share of the cost of a project under this section shall be determined in accordance with subsections (b) and (c) of sections 120 of that title. (e) Treatment of Projects.--Notwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.", "summary": "Jason's Law - Directs the Secretary of Transportation to: (1) implement a pilot program to allocate funds to states, metropolitan planning organizations, and local governments that submit an application approved by the Secretary for eligible projects to establish long-term parking facilities for commercial motor vehicles (trucks) on the National Highway System; and (2) give priority to applicants that demonstrate a severe shortage of truck parking capacity and whose proposed projects are likely to have positive effects on highway safety, traffic congestion, or air quality."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Shipping Container Security Act''. SEC. 2. NATIONAL TRANSPORTATION SECURITY STRATEGY. In carrying out section 114(f) of title 49, United States Code, the Under Secretary of Homeland Security for Border and Transportation Security shall take into account the National Maritime Transportation Security Plan prepared under section 70103 of title 46, United States Code, by the Secretary of the department in which the Coast Guard is operating when the plan is prepared in order to ensure that the strategy for dealing with threats to transportation security developed under section 114(f)(3) of title 49, United States Code, incorporates relevant aspects of the National Maritime Transportation Security Plan and addresses all modes of commercial transportation to, from, and within the United States. SEC. 3. COMPREHENSIVE STRATEGIC PLAN FOR INTERMODAL SHIPPING CONTAINER SECURITY. (a) Strategic Plan.-- (1) In general.--Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a strategic plan for integrating security for all modes of transportation by which intermodal shipping containers arrive, depart, or move in interstate commerce in the United States that-- (A) takes into account the security-related authorities and missions of all Federal, State, and local law enforcement agencies that relate to the movement of intermodal shipping containers via air, rail, maritime, or highway transportation in the United States; and (B) establishes as a goal the creation of a comprehensive, integrated strategy for intermodal shipping container security that encompasses the authorities and missions of all those agencies and sets forth specific objectives, mechanisms, and a schedule for achieving that goal. (2) Updates.--The Secretary shall revise the plan from time to time. (b) Identification of Problem Areas.--In developing the strategic plan required by subsection (a), the Secretary shall consult with all Federal, State, and local government agencies responsible for security matters that affect or relate to the movement of intermodal shipping containers via air, rail, maritime, or highway transportation in the United States in order to-- (1) identify changes, including legislative, regulatory, jurisdictional, and organizational changes, necessary to improve coordination among those agencies; (2) reduce overlapping capabilities and responsibilities; and (3) streamline efforts to improve the security of such intermodal shipping containers. (c) Establishment of Steering Group.--The Secretary shall establish, organize, and provide support for an advisory committee, to be known as the Senior Steering Group, of senior representatives of the agencies described in subsection (c). The Group shall meet from time to time, at the call of the Secretary or upon its own motion, for the purpose of developing solutions to jurisdictional and other conflicts among the represented agencies with respect to the security of intermodal shipping containers, improving coordination and information- sharing among the represented agencies, and addressing such other, related matters, as the Secretary may request. (d) Annual Report.--The Secretary, after consulting the Senior Steering Group, shall submit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure describing the activities of the Senior Steering Group and the Secretary under this section, describing the progress made during the year toward achieving the objectives of the plan, and including any recommendations, including legislative recommendations, if appropriate for further improvements in dealing with security-issues related to intermodal shipping containers and related transportation security issues. (e) Biennial Expert Critique.-- (1) Expert panel.--A panel of experts shall be convened once every 2 years by the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure to review plans submitted by the Secretary under subsection (a). (2) Membership.--The panel shall consist of-- (A) 4 individuals selected by the chairman and ranking member of the Senate Committee on Commerce, Science, and Transportation and by the chairman and ranking member of House of Representatives Committee on Transportation and Infrastructure, respectively; and (B) 1 individual selected by the 4 individuals selected under subparagraph (A). (3) Qualifications.--Individuals selected under paragraph (2) shall be chosen from among individuals with professional expertise and experience in security-related issues involving shipping or transportation and without regard to political affiliation. (4) Compensation and expenses.--An individual serving as a member of the panel shall not receive any compensation or other benefits from the Federal Government for serving on the panel or be considered a Federal employee as a result of such service. Panel members shall be reimbursed by the Committees for expenses, including travel and lodging, they incur while actively engaged in carrying out the functions of the panel. (5) Function.--The panel shall review plans submitted by the Secretary under subsection (a), evaluate the strategy set forth in the plan, and make such recommendations to the Secretary for modifying or otherwise improving the strategy as may be appropriate. SEC. 4. SHIPPING CONTAINER INTEGRITY INITIATIVE. (a) In General.--Chapter 701 of title 46, United States Code, is amended-- (1) by redesignating section 70117 as section 70118; and (2) by inserting after section 70116 the following: ``Sec. 70117. Enhanced container-related security measures. ``(a) Tracking Intermodal Container Shipments in the United States.--The Secretary, in cooperation with the Under Secretary of Border and Transportation Security, shall develop a system to increase the number of intermodal shipping containers physically inspected (including noninstrusive inspection by scanning technology), monitored, and tracked within the United States. ``(b) Smart Box Technology.--Under regulations to be prescribed by the Secretary, beginning with calendar year 2007 no less than 50 percent of all ocean-borne shipping containers entering the United States during any calendar year shall incorporate `Smart Box' or equivalent technology developed, approved, or certified by the Under Secretary of Homeland Security for Border and Transportation Security. ``(c) Development of International Standard for Smart Containers.-- The Secretary shall-- ``(1) develop, and seek international acceptance of, a standard for `smart' maritime shipping containers that incorporate technology for tracking the location and assessing the integrity of those containers as they move through the intermodal transportation system; and ``(2) implement an integrated tracking and technology system for such containers. ``(d) Report.--Within 1 year after the date of enactment of the Intermodal Shipping Container Security Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report that contains-- ``(1) a cost analysis for implementing this section; and ``(2) a strategy for implementing the system described in subsection (c)(3).''. (b) Conforming Amendment.--The chapter analysis for chapter 701 of title 46, United States Code, is amended by striking the item relating to section 70117 and inserting the following: ``70117. Enhanced container-related security measures. ``70118. Civil penalties.''. SEC. 5. ADDITIONAL RECOMMENDATIONS. Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report that contains the following: (1) Recommendations about what analysis must be performed and the cost to develop and field a cargo container tracking and monitoring system within the United States which tracks all aviation, rail, maritime, and highway cargo containers equipped with smart container technology. (2) Recommendations on how the Department of Homeland Security could help support the deployment of such a system. (3) Recommendations as to how current efforts by the Department of Homeland Security and other Federal agencies could be incorporated into the physical screening or inspection of aviation, rail, maritime, and highway cargo containers within the United States. (4) Recommendations about operating systems and standards for those operating systems, to support the tracking of aviation, rail, maritime, and highway cargo containers within the United States that would include the location of regional, State, and local operations centers. (5) A description of what contingency actions, measures, and mechanisms should be incorporated in the deployment of a nationwide aviation, rail, maritime, and highway cargo containers tracking and monitoring system which would allow the United States maximum flexibility in responding quickly and appropriately to increased terrorist threat levels at the local, State, or regional level. (6) A description of what contingency actions, measures, and mechanisms must be incorporated in the deployment of such a system which would allow for the quick reconstitution of the system in the event of a catastrophic terrorist attack which affected part of the system. (7) Recommendations on how to leverage existing information and operating systems within State or Federal agencies to assist in the fielding of the system. (8) Recommendations on co-locating local, State, and Federal agency personnel to streamline personnel requirements, minimize costs, and avoid redundancy. (9) An initial assessment of the availability of private sector resources which could be utilized, and incentive systems developed, to support the fielding of the system, and the maintenance and improvement as technology or terrorist threat dictate. (10) Recommendations on how this system that is focused on the continental United States would be integrated into any existing or planned system, or process, which is designed to monitor the movement of cargo containers outside the continental United States. SEC. 6. IMPROVEMENTS TO CONTAINER TARGETING SYSTEMS. (a) In General.--Within 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure that provides a preliminary plan for strengthening the Bureau of Customs and Border Protection's container targeting system. The plan shall identify the cost and feasibility of requiring additional non-manifest documentation for each container, including purchase orders, shipper's letters of instruction, commercial invoices, letters of credit, or certificates of origin. (b) Reduction of Manifest Revision Window.--Within 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations under which the time period for revisions to a container cargo manifest submitted to the Bureau of Customs and Border Protection shall be reduced from 60 days to 45 days after arrival at a United States port. (c) Supply Chain Information.--Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a system to share threat and vulnerability information with all of the industries in the supply chain that will allow ports, carriers, and shippers to report on security lapses in the supply chain and have access to unclassified maritime threat and security information such as piracy incidents. SEC. 7. INCREASE IN NUMBER OF CUSTOMS INSPECTORS ASSIGNED OVERSEAS. (a) In General.--The Secretary of Homeland Security shall substantially increase the number of United States Customs Service inspectors assigned to duty outside the United States under the Container Security Initiative of the United States Customs Service with responsibility for inspecting intermodal shipping containers being shipped to the United States. (b) Staffing Criteria.--In carrying out subsection (a) the Secretary of Homeland Security shall determine the appropriate level for assignment and density of customs inspectors at selected international port facilities by a threat, vulnerability, and risk analysis which, at a minimum, considers-- (1) the volume of containers shipped; (2) the ability of the host government to assist in both manning and providing equipment and resources; (3) terrorist intelligence known of importer vendors, suppliers or manufactures; and (4) other criteria as determined in consult with experts in the shipping industry, terrorism, and shipping container security. (c) Minimum Number.--The total number of customs inspectors assigned to international port facilities shall not be less than the number determined as a result of the threat, vulnerability, and risk assessment analysis which is validated by the Administrator of the Transportation Security Administration within 180 days after the date of enactment of this Act. (d) Plan.--The Secretary shall submit a plan to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, with timelines, for phasing inspectors into selected port facilities within 180 days after the enactment of this Act. SEC. 8. RANDOM INSPECTION OF CONTAINERS. (a) In General.--The Under Secretary of Homeland Security for Border and Transportation Security shall develop and implement a plan for random inspection of shipping containers in addition to any targeted or pre-shipment inspection of such containers required by law or regulation or conducted under any other program conducted by the Under Secretary. (b) Civil Penalty for Erroneous Manifest.-- (1) In general.--Except as provided in paragraph (2), if the Under Secretary determines on the basis of an inspection conducted under subsection (a) that there is a discrepancy between the contents of a shipping container and the manifest for that container, the Under Secretary may impose a civil penalty of not more than $1,000 for the discrepancy. (2) Manifest discrepancy reporting.--The Under Secretary may not impose a civil penalty under paragraph (1) if a manifest discrepancy report is filed with respect to the discrepancy within the time limits established by Customs Directive No. 3240-067A (or any subsequently issued directive governing the matters therein) for filing a manifest discrepancy report. D23/", "summary": "Intermodal Shipping Container Security Act - Directs the Under Secretary of Homeland Security for Border and Transportation Security to take into account a certain National Maritime Transportation Security Plan to ensure that the strategy for dealing with threats to transportation security incorporates relevant aspects of the Plan and addresses all modes of commercial transportation to, from, and within the United States. Directs the Secretary of Homeland Security to submit to Congress a strategic plan for integrating security for all modes of transportation by which intermodal shipping containers arrive, depart, or move in interstate commerce. Establishes the Senior Steering Group to develop solutions to conflicts among constituent agencies regarding intermodal shipping container security. Amends Federal shipping law to direct the Secretary of Transportation to develop a system to increase the number of intermodal shipping containers physically inspected (including nonintrusive inspection by scanning technology), monitored, and tracked within the United States. Requires, beginning in 2007, no less than 50 percent of all ocean-borne shipping containers entering the United States to incorporate \"Smart Box\" or equivalent technology. Requires the Secretary of Homeland Security to: (1) report to Congress a preliminary plan for strengthening the Bureau of Customs and Border Protection's container targeting system; (2) issue regulations reducing from 60 days to 45 days after arrival at a U.S. port the time period for revisions to a container manifest that is submitted to the Bureau of Customs and Border Protection; (3) develop a system to share threat and vulnerability information with all of the industries in the supply chain; and (4) substantially increase under the Container Security Initiative the number of U.S. Customs Service inspectors assigned to duty outside of the United States with responsibility for inspecting intermodal shipping containers being shipped to the United States. Directs the Under Secretary to implement a plan for random inspection of shipping containers in addition to any targeted or preshipment inspection of such containers required by law. Sets forth civil penalties for discrepancies found in container manifests."}
{"article": "SECTION 1. INDEPENDENT SAFETY ASSESSMENTS. Section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133) is amended by inserting after subsection d. the following: ``e. Independent Safety Assessments.-- ``(1) Development of procedure.--Not later than 90 days after the date of enactment of this subsection, the Nuclear Regulatory Commission (referred to in this subsection as the `Commission') shall develop an independent safety assessment procedure. ``(2) Conduct of assessment.-- ``(A) Definition of eligible requestor.--In this paragraph, the term `eligible requestor' means-- ``(i) a Governor of a State in which a facility of a licensee is located; ``(ii) a public utility commission of a State in which a facility of a licensee is located; and ``(iii) a Governor of a State that-- ``(I) because of dangers to the public relating to potential ingestion of water or foods that have been contaminated with radiation from a commercial nuclear power plant, is located in an emergency planning zone, as defined in section 350.2 of title 44, Code of Federal Regulations (or a successor regulation); and ``(II) is not the same State in which the facility of the licensee is located. ``(B) Request of assessment.-- ``(i) In general.--At the request of an eligible requestor, the Commission shall conduct an independent safety assessment in accordance with the independent safety assessment procedure developed under paragraph (1) if the licensee has-- ``(I) applied to the Commission for-- ``(aa) an extension of the operating license of the licensee; or ``(bb) approval of an extended power uprate for the licensee; or ``(II) during any 5-year period, received, under the reactor oversight process of the Commission, 2 or more greater-than-green inspection findings. ``(ii) Conduct of assessment.--The Commission shall conduct an assessment requested by an eligible requestor under clause (i) not later than 18 months after the date on which the eligible requestor requested the assessment. ``(3) Inspection of facility.-- ``(A) In general.--In conducting an independent safety assessment under paragraph (2)(B), the Commission shall inspect the design, construction, maintenance, and operational safety performance of the facility of the licensee. ``(B) Scope of inspection.--An inspection of a facility of a licensee conducted under subparagraph (A) shall-- ``(i) be at least equal in scope, depth, and breadth to the independent safety assessment conducted in 1996 by the Commission of the Maine Yankee Nuclear Power Plant, located in Wiscasset, Maine; and ``(ii) include an examination of the systems of the facility of the licensee, including-- ``(I) the reactor containment systems; ``(II) the reactor emergency core cooling systems; ``(III) the control room and containment ventilation systems; ``(IV) the electrical system (including testing of relevant transients); ``(V) the condensate and feedwater systems; ``(VI) the spent fuel storage systems; ``(VII) any other system requested by the Governor of the State, or a public utility commission of the State, in which the facility of the licensee is located; and ``(VIII) any other system identified by a majority of the members of an inspection team described in paragraph (4). ``(4) Inspection teams.-- ``(A) In general.--An independent safety assessment conducted under paragraph (2)(B) shall be conducted by an inspection team. ``(B) Composition.--An inspection team shall be composed of not less than 25 members, of whom-- ``(i) not less than 16 members shall be-- ``(I) employees of the Commission; and ``(II) unaffiliated with the regional office of the Commission in the region in which the facility of the licensee is located; ``(ii) not less than 6 members shall be independent contractors who have not worked for, or at-- ``(I) the facility of the licensee; or ``(II) any other nuclear power plant owned or operated by the owner or operator of the facility of the licensee; and ``(iii) not less than 3 members shall be appointed by the eligible requestor. ``(5) Report.-- ``(A) Preparation of preliminary report.--Not later than 90 days after the date on which an inspection team completes an independent safety assessment of a facility of a licensee under paragraph (2)(B), the inspection team shall prepare a preliminary report describing the findings and recommendations of the inspection team. ``(B) Availability of preliminary report.--For a period of 90 days beginning on the date on which the inspection team completes a preliminary report prepared under subparagraph (A), the inspection team shall make available for review and comment by the public a copy of the preliminary report. ``(C) Consideration of comments.--In preparing a final version of a preliminary report developed under subparagraph (A), the inspection team shall take into consideration any comments received from the public that are appropriate, as determined by the inspection team. ``(D) Submission of final version.--Not later than 90 days after the date on which the period of review and public comment ends under subparagraph (B), the inspection team shall submit to the Commission a final version of the preliminary report developed under subparagraph (A). ``(6) Affect on licensing actions.--A final decision by the Commission of whether to extend an operating license, approve an extended power uprate, or continue to operate under a license at a facility of a licensee assessed under paragraph (2)(B) shall not be made until the later of the date on which-- ``(A) the Commission has completed the independent safety assessment of the facility of the licensee; and ``(B) the licensee has fully accepted and implemented each finding and recommendation of the report approved by the Commission relating to the independent safety assessment of the facility of the licensee submitted under paragraph (5)(D). ``(7) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2008 through 2012, to remain available until expended.''.", "summary": "Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to: (1) develop an independent safety assessment procedure for nuclear facilities; and (2) create a team to inspect the design, construction, maintenance, and operational safety performance of a facility. Declares that a final NRC decision on whether to extend an operating license, approve an extended power uprate, or continue to operate a facility shall not be made until: (1) the NRC has completed the independent safety assessment of the facility; and (2) the licensee has fully accepted and implemented each NRC-approved finding and recommendation of the assessment report"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Driver and Pedestrian Safety and Roadway Enhancement Act of 2009.'' TITLE I--ROADWAY SAFETY ENHANCEMENT PROGRAM FOR OLDER DRIVERS AND PEDESTRIANS SEC. 101. ROADWAY SAFETY ENHANCEMENT PROGRAM FOR OLDER DRIVERS AND PEDESTRIANS. (a) Establishment of Program.--The Secretary of Transportation shall establish and implement a program, the roadway safety enhancement program for older drivers and pedestrians, to improve roadway safety infrastructure in all States in a manner consistent with the recommendations included in the publication of the Federal Highway Administration entitled ``Highway Design Handbook for Older Drivers and Pedestrians'' (FHWA-RD-01-103), referred to in this Act as the ``Handbook'', dated May 2001 or as subsequently revised and updated pursuant to section 103. (b) Purpose.--The purpose of the roadway safety enhancement program for older drivers and pedestrians is to achieve a significant reduction in roadway fatalities and serious injuries among drivers and pedestrians 65 years of age or older on all public roads. (c) Apportionment of Funds.-- (1) In general.--On October 1 of each fiscal year, the Secretary shall apportion such funds authorized to be appropriated to carry out this section for such fiscal year among the States in accordance with the following formula: (A) 33\\1/3\\ percent of the apportionment in the ratio that-- (i) the total vehicle miles traveled on lanes on public roads in each State; bears to (ii) the total vehicle miles traveled on lanes on public roads in all States. (B) 33\\1/3\\ percent of the apportionment in the ratio that-- (i) the total per capita population of individuals 65 years of age or older residing in each State in the latest fiscal year for which data is available, bears to (ii) the total per capital population of individuals 65 years of age or older residing in all States in the latest fiscal year for which data is available. (C) 33\\1/3\\ percent of the apportionments in the ratio that-- (i) the total number of fatalities and serious injuries among drivers and pedestrians 65 years of age or older on public roads in each State in the latest fiscal year for which data are available, bears to (ii) the total number of fatalities and serious injuries among drivers and pedestrians 65 years of age or older on the public roads in all States in the latest fiscal year for which data are available. (2) Minimum apportionment.--Notwithstanding paragraph (1), each State shall receive a minimum apportionment of not less than one percent of the funds apportioned under this subsection. (d) Project Eligibility and Selection.-- (1) In general.--A State may obligate funds apportioned to the State under subsection (c) for the planning, design, and construction of infrastructure-related projects that employ safety enhancement recommendations set forth in the Handbook-- (A) to improve safety at intersections, interchanges, rail grade crossings, and roadway segments; (B) to make systemic roadway safety improvements on public roads; and (C) to improve roadway safety on other sections or elements of public roads that a State transportation department identifies as hazardous for older drivers and pedestrians. (2) Project identification and selection priorities.--To obligate funds apportioned under subsection (c) to carry out this section, a State shall have in effect, either in conjunction with a State strategic highway safety plan pursuant to section 148 of title 23, United States Code, or separately, appropriate policies and procedures developed by the State transportation department to-- (A) analyze and make effective use of State, regional and local crash and fatality data, hospital reports and other data to document traffic-related fatalities and injuries to individuals 65 years of age or older; (B) consult with appropriate State and local transportation planning agencies, State and local safety agencies and organizations, representatives of the roadway infrastructure safety industry, and State and local organizations representing older drivers and pedestrians, to identify hazardous locations, sections, and elements of public roads that constitute a danger for drivers, vehicle occupants, or pedestrians 65 years of age or older; (C) determine the relative severity of hazardous road and highway locations, sections and elements for drivers and pedestrians age 65 years or older through crash and injury data analysis; (D) establish priorities for obligating funds among potential projects for correction of hazardous road and highway conditions, which shall include projects that-- (i) involve hazardous intersection, road or highway conditions identified in a strategic highway safety plan pursuant to section 148(c)(1)(D) as exhibiting the most severe safety needs; (ii) make use of multiple Handbook recommendations or the use of a systemic program to correct the most serious highway safety hazards for drivers or pedestrians 65 years of age or older; or (iii) are used in conjunction with other Federal programs such as the safe routes to schools program pursuant to section 1404 of SAFETEA-LU or such other road safety design improvements or funding that enhance traffic and pedestrian safety for all roadway users; (E) establish and implement a schedule of roadway infrastructure safety improvement projects for hazard correction and hazard prevention; and (F) establish an evaluation process to analyze and assess results achieved by highway safety improvement projects carried out in accordance with procedures and criteria established by the section and report annually the results of such evaluations to the Secretary. (e) Federal Share.--The Federal share of the cost of a project carried out under this section shall be 90 percent. (f) Definitions.--As used in this section, the terms ``public road'', ``State'', and ``State transportation department'' have the meaning such terms have in section 101 of title 23, United States Code. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $500,000,000 to carry out this section for each of fiscal years 2010 through 2015. (2) Applicability of title 23.--Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner as if such funds were appropriated under chapter 1 of title 23, United States Code, and such funds shall remain available until expended and shall not be transferable. SEC. 102. REGULATIONS. Not later than 9 months after the date of enactment of this Act, the Secretary shall issue regulations to carry out section 101. SEC. 103. REVISION OF THE HIGHWAY DESIGN HANDBOOK FOR OLDER DRIVERS AND PEDESTRIANS. The Secretary of Transportation shall-- (1) finalize the revision of the Handbook for publication on or before the date required for issuance of regulations in section 102; (2) initiate a review of applicable traffic safety research for purposes of incorporating in the Handbook appropriate recommendations relating to-- (A) supplemental lighting at intersections, interchanges, rail-grade rail crossings and hazardous sections of roadways, as appropriate, to address visual impairments among older drivers; (B) wet-night visibility of pavement markings and edgelines; and (C) design of intersection curbs and curb ramps to address physical limitations of older or disabled pedestrians; (3) issue, not later than one year after the date of enactment of this section, a guidance memo regarding the appropriateness of applying to public roads and highways pedestrian safety improvements relating to the following intersection design elements: (A) receiving lane (throat) width for turning operations; (B) channelization; (C) offset (single) left-turn lane geometry, signing, and delineation; (D) curb radius; and (E) pedestrian crossing design, operations, and control; and (4) conduct ongoing research to permit revision and publication of an updated Handbook not later than December 31, 2014. TITLE II--OLDER DRIVER AND PEDESTRIAN TRAFFIC SAFETY AMENDMENTS AND ADMINISTRATIVE COORDINATION SEC. 201. MISCELLANEOUS CONFORMING AMENDMENTS. (a) Collection of Traffic Injury and Fatality Data on Older Drivers and Pedestrians.--Section 148(c)(1)(D) of title 23, United States Code, is amended-- (1) by striking ``and'' at the end of clause (iii); (2) by inserting ``and'' at the end of clause (iv); and (3) by inserting after clause (iv), the following: ``(v) includes a means of identifying the relative severity of hazardous locations described in clause (iii) in terms of accidents, injuries, and death involving drivers, passengers, and pedestrians 65 years of age or older;''. (b) Repeal of Existing Law.--Section 1405 of the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (23 U.S.C. 401 note; 119 Stat. 1230), and the item relating to such section in section 1(b) of such Act, are repealed. SEC. 202. COORDINATION AND OVERSIGHT OF OLDER DRIVER SAFETY. (a) In General.--The Secretary shall appoint a Special Assistant for Older Driver and Pedestrian Safety within the Office of the Secretary to oversee and coordinate programs operated or funded by the Department relating to transportation safety, research, and services for individuals age 65 and older. (b) Policy Goals and Implementation.--The Secretary shall establish, after consultation with other Federal and State transportation agencies, organizations representing individuals age 65 and older, representatives of law enforcement, and advocates for roadway safety infrastructure, national goals for increasing driver, passenger, and pedestrian safety for persons age 65 and older, together with procedures for implementing and monitoring progress toward achieving such goals. (c) Duties of the Special Assistant.--The Special Assistant for Older Driver and Pedestrian Safety shall be responsible for planning and implementing policies to achieve the national goals set forth by the Secretary pursuant to subsection (b), and, in consultation with the Secretary and the Undersecretary for Policy, shall also have responsibility to: (1) oversee collection and analysis of national traffic accident, injury, and fatality data relating to individuals age 65 and older; (2) coordinate and make recommendations regarding research undertaken by the Department to identify and address the safety needs of drivers, passengers, and pedestrians age 65 and older; (3) oversee the revision of the Handbook, as required by section 103 of this Act; (4) oversee the conduct of research and make recommendations for inclusion in the manual on uniform traffic control devices of appropriate safety features and traffic control devices in the Handbook that have been determined effective in reducing injuries or fatalities among drivers, passengers, and pedestrians age 65 and older; (5) oversee research by the National Highway Traffic Safety Administration to test and implement vehicle crash dummies that more accurately reproduce and measure the severity of vehicle- related injuries for occupants age 65 and older; (6) encourage and facilitate revision of the abbreviated injury scale system of injury quantification to more accurately measure injuries and fatalities to vehicle occupants age 65 and older, including measuring the effect of pre-existing and chronic conditions and long-term injury outcomes; (7) improve coordination of research sponsored by the Department to develop efficient, effective and safe mobility options for individuals age 65 and older with research conducted by the National Center on Senior Transportation; and (8) undertake such other duties and responsibilities that the Secretary or the Undersecretary for Policy shall determine appropriate. (d) Report to Congress.--The Secretary, not later than 12 months after the date of enactment of this section, and not less than annually thereafter, shall submit to Congress a report that documents the progress made by the Department to achieve the goals set forth by the Secretary pursuant to subsection (b), that shall include, as appropriate, descriptions of any impediments to achieving such goals, explanation of strategies or plans to address such impediments, and recommendations for additional Congressional action. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000 to carry out subsection (d) for each of fiscal years 2010 through 2015. (2) Applicability of title 23.--Funds authorized to be appropriated to carry out subsection (d) shall be available for obligation in the same manner as if such funds were appropriated under chapter 1 of title 23, United States Code, and such funds shall remain available until expended and shall not be transferable. SEC. 203. MINIMUM LEVELS OF RETROREFLECTIVITY FOR PAVEMENT MARKINGS. Not later than October 1, 2010, the Secretary of Transportation shall revise the manual on uniform traffic control devices to include a standard for a minimum level of retroreflectivity that must be maintained for pavement markings, which shall apply to all roads open to public travel.", "summary": "Older Driver and Pedestrian Safety and Roadway Enhancement Act of 2009 - Directs the Secretary of Transportation to implement a roadway safety enhancement program for older drivers and pedestrians to: (1) improve roadway safety infrastructure in states that is consistent with recommendations of the Federal Highway Administration (FHWA) in the \"Highway Design Handbook for Older Drivers and Pedestrians\"; and (2) achieve significant reductions in roadway fatalities and serious injuries among drivers and pedestrians 65 years old or older on all public roads. Sets forth project eligibility requirements and project identification and selection priorities. Requires the Secretary to finalize revision of the Handbook for publication. Amends the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU) to repeal its program for roadway safety improvements for older drivers and pedestrians. Requires the Secretary to: (1) appoint a Special Assistant for Older Driver and Pedestrian Safety within the Office of the Secretary; and (2) establish national goals for increasing driver, passenger, and pedestrian safety for persons 65 years old or older. Requires the Secretary to revise the manual on uniform traffic control devices to include a standard for a minimum level of retroreflectivity for pavement markings on all public roads."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Estate Transparency Act of 2007''. SEC. 2. GREATER TRANSPARENCY OF SETTLEMENT FEES. (a) In General.--Section 4 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603) is amended-- (1) in subsection (a), in the first sentence, by striking ``The Secretary,'' and inserting ``Provision of Settlement Statement.--The Secretary,''; (2) in subsection (b)-- (A) in the first sentence-- (i) by striking ``The form'' and inserting ``Advance Inspection of Settlement Statement.-- The form''; and (ii) by striking ``, except'' and all that follows through ``available at such time''; and (B) in the second sentence-- (i) by striking ``Upon the request of the borrower to inspect the form prescribed under this section during the'' and inserting ``At least 1''; (ii) by striking ``shall permit the'' and inserting ``shall provide a completed, written copy of the settlement statement to the''; and (iii) by striking ``to inspect those'' and all that follows through ``preceding day''; and (3) by adding at the end the following: ``(c) Agreement for Originator Fees.-- ``(1) Notice of fees.--Not later than 3 days after a person applies for a federally related mortgage loan, the mortgage originator of such loan shall provide to that person a written agreement itemizing all of the fees that person may be charged by the mortgage originator, including any origination fees, underwriting fees, broker fees, and any other fees to be charged at or before the settlement of such loan to be paid to the mortgage originator. Bona fide discount points payable by such person to reduce the interest rate of such loan need not be included on any originator fees agreement under this paragraph. ``(2) Method of payment.-- ``(A) In general.--Each originator fee agreement under paragraph (1) shall set out the following 3 methods for the payment of the fees described in any such agreement: ``(i) Payment in cash before or at settlement. ``(ii) Adding such fees into the total loan amount to be borrowed. ``(iii) Increasing the interest rate of the loan. ``(B) Borrower's choice of payment method.--Each applicant for a federally related mortgage loan, in determining how to pay any of the fees described in an originator fees agreement under paragraph (1), shall choose one of the payment methods described under subparagraph (A), except that the applicant may choose to combine the payment methods described under clauses (i) and (ii) of subparagraph (A). ``(C) Required explanation.-- ``(i) Written.--Each originator fee agreement under paragraph (1) shall include a written explanation of each of the payment options listed in subparagraph (A), along with a clear and concise illustration of the effect of each option on the amount borrowed, the interest rate, the payments required on the loan, and any other loan terms which might be affected by such option. ``(ii) Oral.--Each mortgage originator of a federally related mortgage loan shall explain to each applicant for such a loan each of the payment options listed in subparagraph (A) before accepting any payment from that person. ``(D) Required signature.--Before any applicant for a federally related mortgage loan is obligated to pay any of the fees described in the originator fees agreement under paragraph (1), the person shall have-- ``(i) agreed to and signed the originator fees agreement described under paragraph (1); and ``(ii) exercised the option for determining the method of payment for such fees. ``(d) Early Settlement Statement.-- ``(1) In general.--Not later than 3 days after a person applies for a federally related mortgage loan, the mortgage originator of such loan shall provide to that person a written early settlement statement of all of the settlement costs to be charged to that person at or before settlement. The early settlement statement shall be in the same or a similar form as the statement of settlement costs provided to the person pursuant to subsection (a). ``(2) Required inclusions.--Each early settlement statement under this subsection shall include an itemization of the following: ``(A) All fees agreed to by the applicant of a federally related mortgage loan pursuant to the originator fees agreement described under subsection (c)(1). ``(B) All fees to be charged to that applicant by independent third parties, including government agencies at or before settlement of the loan, plus all escrows reserves which may be required of that person. ``(e) Borrower Liability for Fees.--No borrower shall be liable for any fees which are not disclosed on an early settlement statement, except that the borrower is liable for such fees if-- ``(1) the total amount charged for fees imposed by independent third parties is-- ``(A) not more than 10 percent greater than that stated in the early settlement statement; or ``(B) greater than that allowed under subparagraph (A) because bona fide and reasonable expenses were incurred by such third parties for unanticipated inspection, appraisal, survey, or flood certification of the home which was the subject of such loan; ``(2) the mortgage originator provides a reasonable explanation of the circumstances surrounding the settlement of the loan of the borrower which were different than anticipated by the mortgage originator when the statement was provided; and ``(3) the mortgage originator does not engage in a pattern or practice of providing early settlement statements which disclose individual fees of independent third parties in different amounts than actually charged at settlement. ``(f) Liability for Failure To Comply.-- ``(1) In general.--Whoever fails to comply with any provision of this section shall be liable to the borrower for an amount equal to the sum of-- ``(A) any actual damages to the borrower as a result of the failure; and ``(B) $5,000 for each such instance of noncompliance. ``(2) Court costs.--In addition to any amount under paragraph (1), in the case of any successful action brought by a borrower under this subsection, such borrower shall be reimbursed for the costs of the action, together with any attorneys fees incurred in connection with such action as the court may determine to be reasonable under the circumstances. ``(g) Definition.--As used in this section, the term `mortgage originator'-- ``(1) means any person who, for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain-- ``(A) takes a residential mortgage loan application; or ``(B) assists a consumer in obtaining or applying to obtain a residential mortgage loan; and ``(2) includes any person who makes loans directly or brokers loans for others.''. (b) Conforming Amendment.--Section 5(c) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604(c)) is hereby repealed.", "summary": "Real Estate Transparency Act of 2007 - Amends the Real Estate Settlement Procedures Act of 1974 to modify requirements governing settlement statements. Requires the originator of a federally related mortgage loan to provide, within three days of a loan application, a written agreement to the applicant itemizing all of the fees the originator may charge at or before loan settlement, including origination, underwriting, and broker fees. Excludes from such requirement bona fide discount points payable by the borrower to reduce the loan's interest rate. Requires an originator fee agreement to set out the following fee payment methods: (1) paying in cash before or at settlement; (2) adding such fees into the total loan amount to be borrowed; and (3) increasing the loan's interest rate. Requires: (1) written and oral explanations of a borrower's payment options; and (2) a borrower's signature attesting agreement with originator fees and with the chosen method of payment. Requires the originator to provide the applicant with a written early settlement statement of all settlement costs to be charged at or before settlement. Shields borrowers from liability for any such fees not disclosed on an early settlement statement, except in certain circumstances. Establishes originator liability to a borrower for non-compliance with this Act, including reimbursement of the borrower for court costs. Repeals the requirement that special information booklets prepared by the Secretary of Housing and Urban Development (HUD) for borrowers contain a good faith estimate of the amount or range of expected settlement charges."}
{"article": "SECTION 1. MILITARY OCCUPATIONAL SPECIALTY TRANSITION (MOST) PROGRAM. (a) In General.--Subchapter II of chapter 36 of title 38, United States Code, is amended by inserting after section 3687 the following new section: ``Sec. 3687A. Military occupational specialty transition (MOST) program ``(a) Establishment; Eligibility.--(1) Subject to the availability of appropriations for such purpose, the Secretary shall carry out a program of training to provide eligible veterans with skills relevant to the job market. ``(2) For purposes of this section, the term `eligible veteran' means any veteran-- ``(A) whose military occupational specialty at the time of discharge is determined by the Secretary to have limited transferability to the civilian job market; ``(B) who is not otherwise eligible for education or training services under this title; ``(C) who has not acquired a marketable skill since leaving military service; ``(D) who was discharged under conditions not less than general under honorable conditions; and ``(E)(i) who has been unemployed for at least 90 days during the 180-day period preceding the date of application for the program established under this section; or ``(ii) the maximum hourly rate of pay of such veteran during such 180-day period is not more than 150 percent of the Federal minimum wage. ``(b) MOST Program.--The program established under this section shall provide for payments to employers who provide for eligible veterans a program of apprenticeship or on-the-job training if-- ``(1) such program is approved as provided in paragraph (1) or (2) of section 3687(a) of this title; ``(2) the rate of pay for veterans participating in the program is not less than the rate of pay for nonveterans in similar jobs; and ``(3) the Secretary reasonably expects that-- ``(A) the veteran will be qualified for employment in that field upon completion of training; and ``(B) the employer providing the program will hire the veteran at the completion of training. ``(c) Payments to Employers.--(1) Subject to the availability of appropriations for such purpose, the Secretary shall enter into contracts with employers to provide programs of apprenticeship or on- the-job training that meet the requirements of this section. Each such contract shall provide for the payment of the amounts described in subsection (b) to employers whose programs meet such requirements. ``(2) The amount paid under this section with respect to any eligible veteran for any period shall be 50 percent of the wages paid by the employer to such veteran for such period. Wages shall be calculated on an hourly basis. ``(3)(A) Except as provided in subparagraph (B)-- ``(i) the amount paid under this section with respect to a veteran participating in the program established under this section may not exceed $20,000 in the aggregate and $1,666.67 per month; and ``(ii) such payments may only be made during the first 12 months of such veteran's participation in the program. ``(B) In the case of a veteran participating in the program on a less than full-time basis, the Secretary may extend the number of months of payments under subparagraph (A) and proportionally adjust the amount of such payments, but the maximum amount paid with respect to a veteran may not exceed the maximum amount of $20,000 and the maximum amount of such payments may not exceed 24 months. ``(4) Payments under this section shall be made on a quarterly basis. ``(5) Each employer providing a program of apprenticeship or on- the-job training pursuant to this section shall submit to the Secretary on a quarterly basis a report certifying the wages paid to eligible veterans under such program (which shall be certified by the veteran as being correct) and containing such other information as the Secretary may specify. Such report shall be submitted in the form and manner required by the Secretary. ``(d) Authorization of Appropriations.--There is authorized to be appropriated $60,000,000 for each of fiscal years 2009 through 2018 to carry out this section. ``(e) Reporting.--The Secretary shall include a detailed description of activities carried out under this section in the annual report prepared by the Veterans Benefits Administration. ``(f) Separate Accounting.--The Department shall have a separate line item in budget proposals of the Department for funds to be appropriated to carry out this section.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 3687 the following new item: ``3687A. Military occupational specialty transition (MOST) program.''. (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 of such title is amended by striking ``and 3687'' and inserting ``3687, and 3687A''. (2) Subsections (a)(1) and (c) of section 3241 of such title are each amended by striking ``section 3687'' and inserting ``sections 3687 and 3687A''. (3) Subsection (d)(1) of section 3672 of such title is amended by striking ``and 3687'' and inserting ``3687, and 3687A''. (4) Paragraph (3) of section 4102A(b) of such title is amended by striking ``section 3687'' and inserting ``section 3687 or 3687A''.", "summary": "Directs the Secretary of Veterans Affairs to carry out a program of job training in skills relevant to the job market for discharged veterans who are either currently not paid at more than 150% of the federal minimum wage, or: (1) had a military occupational specialty of limited transferability to the civilian job market; (2) are not otherwise eligible for veterans' education or training services; (3) have not acquired a marketable skill since leaving military service; (4) were discharged under conditions not less than honorable; and (5) have been unemployed for at least 90 of the previous 180 days. Designates the program as the MOST (military occupational specialty transition) Program. Directs the Secretary to contract with employers to provide on-the-job training or apprenticeship programs for such veterans. Limits payments under the program to $20,000 per veteran and 24 months in duration."}
{"article": "SECTION 1. INCREASE IN EXPENSING UNDER SECTION 179 FOR GULF OPPORTUNITY ZONE PROPERTY. (a) In General.--Section 179 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Increase in Limitation for Gulf Opportunity Zone Property.-- ``(1) In general.--For purposes of this section-- ``(A) the dollar amount in effect under subsection (b)(1) for the taxable year shall be increased by the lesser of-- ``(i) $100,000, or ``(ii) the cost of qualified section 179 Gulf Opportunity Zone property placed in service during the taxable year, and ``(B) the the dollar amount in effect under subsection (b)(2) for the taxable year shall be increased by the lesser of-- ``(i) $600,000, or ``(ii) the cost of qualified section 179 Gulf Opportunity Zone property placed in service during the taxable year. ``(2) Qualified section 179 gulf opportunity zone property.--For purposes of this subsection, the term `qualified section 179 Gulf Opportunity Zone property' means section 179 property which is qualified Gulf Opportunity Zone property. ``(3) Qualified gulf opportunity zone property.-- For purposes of this subsection-- ``(A) In general.--The term `qualified Gulf Opportunity Zone property' means property-- ``(i) which is described in section 168(k)(2)(A)(i), ``(ii) substantially all of the use of which is in the Gulf Opportunity Zone and is in the active conduct of a trade or business by the taxpayer in such Zone, ``(iii) the original use of which in the Gulf Opportunity Zone commences with the taxpayer on or after August 28, 2005, ``(iv) which is acquired by the taxpayer by purchase (as defined in subsection (d)) on or after August 28, 2005, but only if no written binding contract for the acquisition was in effect before August 28, 2005, and ``(v) which is placed in service by the taxpayer on or before December 31, 2007. ``(B) Exceptions.-- ``(i) Alternative depreciation property.-- Such term shall not include any property described in section 168(k)(2)(D)(i). ``(ii) Tax-exempt bond-financed property.-- Such term shall not include any property any portion of which is financed with the proceeds of any obligation the interest on which is exempt from tax under section 103. ``(iii) Election out.--If a taxpayer makes an election under this clause with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year. ``(4) Gulf opportunity zone; hurricane katrina disaster area.--For purposes of this subsection-- ``(A) Gulf opportunity zone.--The term `Gulf Opportunity Zone' means that portion of the Hurricane Katrina disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina. ``(B) Hurricane katrina disaster area.--The term `Hurricane Katrina disaster area' means an area with respect to which a major disaster has been declared by the President before September 14, 2005, under section 401 of such Act by reason of Hurricane Katrina. ``(5) Coordination with empowerment zones and renewal communities.--For purposes of sections 1397A and 1400J, qualified section 179 Gulf Opportunity Zone property shall not be treated as qualified zone property or qualified renewal property, unless the taxpayer elects not to take such qualified section 179 Gulf Opportunity Zone property into account for purposes of this subsection. ``(6) Recapture.--For purposes of this subsection, rules similar to the rules under subsection (d)(10) shall apply with respect to any qualified section 179 Gulf Opportunity Zone property which ceases to be qualified section 179 Gulf Opportunity Zone property.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after August 28, 2005.", "summary": "Amends the Internal Revenue to increase the expensing allowance (i.e., a tax deduction in the current taxable year) for the cost of Gulf Opportunity Zone property placed in service in the Hurricane Katrina disaster area."}
{"article": "SECTION 1. SHORT TITLE; SENSE OF CONGRESS. (a) Short Title.--This Act may be cited as the ``Enhanced Veteran Healthcare Experience Act of 2011''. (b) Sense of Congress.--It is the sense of Congress that-- (1) the current health care system of the Department of Veterans Affairs is neither fiscally efficient nor effective in providing easily accessible treatment for all veterans; (2) health care can be provided more efficiently to provide veterans with care that is available closer to where they live and to allow veterans more flexibility in choosing their own doctors; and (3) better health care can be provided to veterans at little-to-no increased cost to the taxpayer by replacing the fee-based care system of the Department with the veterans enhanced care program, as described under section 2, and reprogramming funds to this program. SEC. 2. ENHANCED CONTRACT CARE AUTHORITY FOR HEALTH CARE NEEDS OF VETERANS. (a) In General.-- (1) Type of care.--Subsection (a) of section 1703 of title 38, United States Code, is amended to read as follows: ``(a)(1) The Secretary shall provide an eligible veteran with covered health services that are provided by a non-Department provider whom the Secretary enters into a contract with under this section if the Secretary determines that facilities of the Department are not capable of-- ``(A) economically furnishing covered health services to such veteran because of geographical inaccessibility; or ``(B) furnishing covered health services to such veteran because such facilities lack the required personnel, resources, or ability. ``(2) In this subsection: ``(A) The term `covered health services' means, with respect to an eligible veteran, any hospital care, medical service, rehabilitative service, or preventative health service that is authorized to be provided by the Secretary to the veteran under this chapter or any other provision of law. ``(B) The term `eligible veteran' means a veteran enrolled in the health care system established under section 1705(a) of this title who elects to receive care under this section.''. (2) Qualified providers; quality of care.--Such section is amended by adding at the end the following new subsections: ``(e) The Secretary may enter into a contract with a non-Department provider under this section if such provider-- ``(1) demonstrates the ability to provide non-Department health care services to veterans; ``(2) meets or exceeds internal credentialing standards of the Department and standards of the Utilization Review Accreditation Commission; ``(3) has care coordinators who help veterans make, confirm, and keep medical appointments; ``(4) has-- ``(A) a system that allows veterans to file complaints; and ``(B) a demonstrated ability to respond to potential quality indicators and patient safety events; and ``(5) has the ability to-- ``(A) process claims from others in the network of the provider; ``(B) bill a third party (as defined in section 1725(f)(2) of this title) for care provided under this section, as appropriate; and ``(C) transmit directly to the Secretary any amounts received pursuant to subparagraph (B). ``(f) In carrying out this section, the Secretary shall ensure the following: ``(1) With respect to each medical center of the Department, the Secretary is consistent in determining the eligibility of veterans under subsection (a). ``(2) The Secretary includes care coordinators of a non- Department provider described in subsection (e)(3) in initiatives of the Department to provide patient-centered care and uses such coordinators when the Secretary is unable to assign a veteran a case manager from the Department. ``(3) The Department and a non-Department provider under this section exchange clinical information to improve both clinical decision-making and the care a veteran receives. ``(4) Both non-Department facilities under this section and Department facilities meet performance metrics regarding-- ``(A) the quality of health care provided; and ``(B) the satisfaction of veterans. ``(5) A non-Department facility under this section or employee of the Department who exceeds performance metrics under paragraph (4) are eligible for incentive or bonus payments. ``(g)(1) Not later than October 31 of each year, the Secretary shall submit to the Committee of Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on care provided under this section, including-- ``(A) the cost to the Department; ``(B) the number of veterans receiving care under this section; ``(C) the quality of such care and the satisfaction of such veterans; and ``(D) other matters the Secretary considers appropriate. ``(2) Not later than March 1 of each odd-numbered year, the Secretary shall submit to the Committee of Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the allocation of resources with respect to care provided by the Department and by non-Department facilities.''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall take effect on October 1, 2012. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out section 1703 of title 38, United States Code, as amended by this section, for fiscal year 2013 $5,000,000,000.", "summary": "Enhanced Veteran Healthcare Experience Act of 2011 - Expresses the sense of Congress that better health care can be provided to veterans at little-to-no increased cost by revising the Department of Veterans Affairs (VA) fee-based system for hospital care and medical services in non-VA facilities. Directs the Secretary of Veterans Affairs to provide certain enrolled veterans with health services (authorized hospital care or medical, rehabilitative, or preventative health services) that are provided by a non-VA provider with whom the Secretary enters into a contract pursuant to this Act if the Secretary determines that VA facilities are incapable of furnishing such services because of: (1) geographical inaccessibility; or (2) a lack of required personnel, resources, or ability at VA facilities. Authorizes the Secretary to enter a contract with a non-VA provider that: (1) demonstrates the ability to provide non-VA health care services to veterans; (2) meets or exceeds credentialing standards of the VA and the Utilization Review Accreditation Commission; (3) has coordinators who help veterans make, confirm, and keep medical appointments, a system that allows veterans to file complaints, and a demonstrated ability to respond to potential quality indicators and patient safety events; and (4) has the ability to process claims from other providers in its network, bill third parties, and transmit received amounts to the Secretary. Sets forth requirements concerning the VA's coordination with non-VA providers, performance metrics, and bonus payments for exceeding such metrics."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Probation System Reform Act''. SEC. 2. SUPERVISION OF A PERSON ASSIGNED AN ELECTRONIC MONITORING DEVICE AS A CONDITION OF RELEASE; PENALTY FOR DISABLING AN ELECTRONIC MONITORING DEVICE. (a) In General.--Part II of title 18, United States Code, is amended by inserting after chapter 237 the following new chapter: ``CHAPTER 239--ELECTRONIC MONITORING DEVICES ``Sec. ``3801. Supervision of a person assigned an electronic monitoring device as a condition of release. ``3802. Penalty for disabling an electronic monitoring device. ``Sec. 3801. Supervision of a person assigned an electronic monitoring device as a condition of release ``(a) In General.--In the case of a person who was convicted of a Federal offense who has been sentenced to probation pursuant to subchapter B of chapter 227, placed on probation pursuant to the provisions of chapter 403, or placed on supervised release pursuant to section 3583, or a person accused of such an offense who has been released pending trial, sentence, or appeal pursuant to chapter 207, who is required to wear an electronic monitoring device as a condition of such probation or release, the Director of the Administrative Office of the United States Courts shall ensure that an appropriate probation officer or pretrial services officer supervises the person by doing the following: ``(1) Conducting a daily review of any data produced by the electronic monitoring device worn by the person. ``(2) In the case of an alert produced by an electronic monitoring system that the Director determines requires an investigation, conducting an investigation immediately following the alert, including-- ``(A) contacting the person; ``(B) inspecting the electronic monitoring device; and ``(C) documenting the alert and the response taken. ``(b) Uniform Standards.--Not later than 60 days after the date of the enactment of this section, the Director of the Administrative Office of the United States Courts shall issue uniform standards in order to implement subsection (a). ``Sec. 3802. Penalty for disabling an electronic monitoring device ``(a) Offense.--Whoever-- ``(1) intentionally disables an electronic monitoring device that was assigned to a person as a condition of probation pursuant to subchapter B of chapter 227 or chapter 403, supervised release pursuant to section 3583, or release pending trial, sentence, or appeal pursuant to chapter 207; or ``(2) having been assigned an electronic monitoring device as a condition of probation pursuant to subchapter B of chapter 227 or chapter 403, supervised release pursuant to section 3583, or release pending trial, sentence, or appeal pursuant to chapter 207, intentionally allows another person to disable such device; shall be punished as provided in subsection (b). ``(b) Punishment.--The punishment for an offense under subsection (a) is-- ``(1) if the person to whom the electronic monitoring device was assigned commits a Federal, State, or local offense in addition to violating subsection (a) upon the disabling of such device, a fine under this title or imprisonment for not more than 4 years; or ``(2) if the person to whom the electronic monitoring device was assigned does not commit a Federal, State or local crime in addition to violating subsection (a) upon the disabling of such device, a fine under this title or imprisonment for not more than 1 year.''. (b) Clerical Amendment.--The table of chapters for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 237 the following: ``239. Electronic Monitoring Devices........................ 3801''. SEC. 3. INSPECTOR GENERAL FOR PROBATION AND PRETRIAL SERVICES. (a) In General.--Chapter 207 of part II of title 18, United States Code, is amended-- (1) by redesignating sections 3155 and 3156 as sections 3156 and 3157, respectively; (2) after section 3154, by inserting the following: ``Sec. 3155. Inspector General for Probation and Pretrial Services ``(a) Establishment.--There is established within pretrial services (commonly referred to as the United States Probation and Pretrial Services System) the Office of the Inspector General for Probation and Pretrial Services (referred to in this section as the `Office'). ``(b) Appointment, Term, and Removal of Inspector General.-- ``(1) Appointment.--The head of the Office shall be the Inspector General, who shall be appointed by the Chief Justice of the United States after consultation with the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives. ``(2) Term.--The Inspector General shall serve for a term of four years and may be reappointed by the Chief Justice of the United States for any number of additional terms. ``(3) Removal.--The Inspector General may be removed from office by the Chief Justice of the United States. The Chief Justice shall communicate the reasons for any such removal to both Houses of Congress. ``(c) Duties.--With respect to probation and pretrial services, the Office shall-- ``(1) conduct investigations of alleged misconduct; ``(2) conduct and supervise audits and investigations; ``(3) prevent and detect waste, fraud, and abuse; and ``(4) recommend changes in laws or regulations governing probation and pretrial services. ``(d) Powers.-- ``(1) In general.--In carrying out the duties of the Office, the Inspector General shall have the power-- ``(A) to make investigations and reports; ``(B) to obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the normal course of business by probation and pretrial services in any judicial district; ``(C) to require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence memoranda, papers, and documents; which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; ``(D) to administer to or take from any person an oath, affirmation, or affidavit; ``(E) to employ such officers and employees, subject to the provisions of title 5, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; ``(F) to obtain services authorized by section 3109 of title 5 at daily rates not to exceed the equivalent rate prescribed for grade GS-18 of the General Schedule by section 5332 of title 5; and-- ``(G) to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the duties of the Office. ``(2) Limitation.--The Inspector General shall not have the authority to-- ``(A) investigate or review any matter that is directly related to the merits of a decision or procedural ruling by any judge or court; or ``(B) punish or discipline any pretrial services officer or probation officer. ``(e) Reports.-- ``(1) When to be made.--The Inspector General shall-- ``(A) make an annual report to the Director of the Administrative Office of the United States Courts and to Congress relating to the activities of the Office; and ``(B) make prompt reports to the Director and to Congress on matters that may require action by them. ``(2) Sensitive matter.--If a report contains sensitive matter, the Inspector General may so indicate and Congress may receive that report in closed session. ``(3) Duty to inform attorney general.--In carrying out the duties of the Office, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. ``(f) Whistleblower Protection.-- ``(1) In general.--No officer, employee, agent, contractor, or subcontractor of pretrial services may discharge, demote, threaten, suspend, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a pretrial services officer or probation officer, which may assist the Inspector General in the performance of duties under this chapter. ``(2) Civil action.--An employee injured in violation of paragraph (1) may, in a civil action, obtain appropriate relief. ``(g) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section.''. (b) Clerical Amendments.--Chapter 207 of part II of title 18, United States Code, is amended-- (1) in section 3157(b) (as redesignated by this Act) is amended by striking ``3152-3155'' and inserting ``3152-3156''; and (2) in the table of sections, after the item relating to section 3154, by inserting the following: ``3155. Inspector General for Probation and Pretrial Services.''.", "summary": "Federal Probation System Reform Act - Amends the federal criminal code to require the Director of the Administrative Office of the United States Courts to ensure that an appropriate probation or pretrial services officer supervises a person convicted of a federal offense who has been sentenced to probation, placed on probation, or placed on supervised release, or a person accused of such an offense who has been released pending trial, sentence, or appeal, and who is required to wear an electronic monitoring device as a condition of such probation or release, including by: (1) conducting a daily review of any data produced by such device; and (2) conducting an investigation immediately following an electronic monitoring system alert that the Director determines requires investigation. Prohibits, and sets penalties for, intentionally disabling such a device or allowing another person to disable such device. Establishes within the United States Probation and Pretrial Services System the Office of the Inspector General for Probation and Pretrial Services, which shall: (1) conduct investigations of alleged misconduct; (2) conduct and supervise audits and investigations; (3) prevent and detect waste, fraud, and abuse; (4) recommend changes in laws or regulations governing probation and pretrial services; and (5) report expeditiously to the Attorney General whenever there are reasonable grounds to believe there has been a violation of federal criminal law. Provides whistleblower protection for an employee who provides information to or otherwise assists the Inspector General in an investigation of a possible violation of federal law or misconduct by a pretrial services or probation officer."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fab Lab Network Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Scientific discoveries and technical innovations are critical to the economic and national security of the United States. (2) Maintaining the leadership of the United States in science, technology, engineering, and mathematics will require a diverse population with the skills, interest, and access to tools required to advance these fields. (3) Just as earlier digital revolutions in communications and computation provided individuals with the Internet and personal computers, a digital revolution in fabrication will allow anyone to make almost anything, anywhere. (4) Fab labs like the Center for Bits and Atoms at the Massachusetts Institute of Technology provide a model for a new kind of national laboratory that links local facilities for advanced manufacturing to expand access and empower communities. (5) A coordinated national public-private partnership will be the most effective way to accelerate the provision of this infrastructure for learning skills, developing inventions, creating businesses, and producing personalized products. SEC. 3. ESTABLISHMENT OF NATIONAL FAB LAB NETWORK. (a) Definitions.--In this section-- (1) the term ``fab lab'' means a facility-- (A) equipped with an integrated suite of fabrication tools to convert digital designs into functional physical things and scanning tools to convert physical things into digital designs; and (B) available for a range of individual and collaborative educational, commercial, creative, and social purposes, based on guidelines established by the NFLN relating to sustainable operation; and (2) the term ``NFLN'' means the National Fab Lab Network. (b) Federal Charter.--The National Fab Lab Network is a federally charted nonprofit corporation, which shall facilitate the creation of a national network of local fab labs and serve as a resource to assist stakeholders with the effective operation of fab labs. (c) Membership and Organization.-- (1) In general.--Eligibility for membership in the NFLN and the rights and privileges of members shall be as provided in the constitution and bylaws of the NFLN. The Board of Directors, officers, and other employees of the NFLN, and their powers and duties, shall be provided in the bylaws of the NFLN. (2) Board of directors.--The Board of Directors of the NFLN shall include-- (A) the Director of the Fab Foundation; (B) members of the manufacturing sector and entrepreneurial community; and (C) leaders in science, technology, engineering, and mathematics education. (3) Coordination.--When appropriate, the NFLN should work with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology, the Small Business Administration, and other agencies of the Federal Government to provide additional resources to fab lab users. (d) Functions.--The NFLN shall-- (1) serve as the coordinating body for the creation of a national network of local fab labs in the United States; (2) provide a first point of contact for organizations and communities seeking to create fab labs, providing information, assessing suitability, advising on the lab lifecycle, and maintaining descriptions of prospective and operating sites; (3) link funders and sites with operational entities that can source and install fab labs, provide training, assist with operations, account for spending, and assess impact; (4) perform outreach for individuals and communities on the benefits available through the NFLN; (5) facilitate use of the NFLN in synergistic programs, such as workforce training, job creation, research broader impacts, and the production of civic infrastructure; and (6) offer transparency in the management, governance, and operation of the NFLN. (e) Purposes.--In carrying out its functions, the NFLN's purposes and goals shall be to-- (1) create a national network of connected local fab labs to empower individuals and communities in the United States; and (2) foster the use of distributed digital fabrication tools to promote science, technology, engineering and math skills, increase invention and innovation, create businesses and jobs, and fulfill needs. (f) Funding.--The NFLN may accept gifts from private individuals, corporations, government agencies, or other organizations.", "summary": "National Fab Lab Network Act of 2013 - Grants a federal charter to the National Fab Lab Network."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Post-Deployment Health Assessment Act of 2009''. SEC. 2. MENTAL HEALTH SCREENINGS FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN CONNECTION WITH A CONTINGENCY OPERATION. (a) Mental Health Screenings.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance for the provision of an in-person mental health screening for each member of the Armed Forces who is deployed in connection with a contingency operation as follows: (A) At a time during the period beginning 180 days before the date of deployment in connection with the contingency operation and ending 90 days before the date of deployment in connection with the contingency operation. (B) At a time during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after the date of redeployment from the contingency operation. (C) Subject to subsection (d), not later than each of 6 months, 12 months, and 18 months after the screening provided under subparagraph (B). (2) Exclusion of certain members.--A mental health screening is not required for a members of the Armed Forces under subparagraphs (B) and (C) of paragraph (1) if the Secretary determines that the member was not subjected or exposed to combat stress during deployment in the contingency operation concerned. (b) Purpose.--The purpose of the mental health screenings provided pursuant to this section shall be to identify post-traumatic stress disorder, suicidal tendencies, and other behavioral health issues identified among members of the Armed Forces described in subsection (a) in order to determine which such members are in need of additional care and treatment for such health issues. (c) Elements.-- (1) In general.--The mental health screenings provided pursuant to this section shall-- (A) be performed by personnel trained and certified to perform such screenings in accordance with such criteria as the Secretary of Defense shall establish; and (B) include an in-person dialogue between members of the Armed Forces described in subsection (a) and personnel described by paragraph (1) on such matters as the Secretary shall specify in order that the screenings achieve the purpose specified in subsection (b) for such screenings. (2) Treatment of current assessments and screenings.--The Secretary may treat periodic health assessments and other in- person screenings that are provided to members of the Armed Forces as of the date of the enactment of this Act as meeting the requirements for mental health screenings required under this section if the Secretary determines that such assessments and in-person screenings meet the requirements for mental health screenings established by this section. (d) Cessation of Screenings.--No mental health screening is required to be provided an individual under subsection (a)(1)(C) after the individual's discharge or release from the Armed Forces. (e) Sharing of Information.-- (1) In general.--The Secretary of Defense shall share with the Secretary of Veterans Affairs such information on members of the Armed Forces that is derived from confidential mental health screenings, including mental health screenings provided pursuant to this section and health assessments and other in- person screenings provided before the date of the enactment of this Act, as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate to ensure continuity of mental health care and treatment of members of the Armed Forces during their transition from health care and treatment provided by the Department of Defense to health care and treatment provided by the Department of Veterans Affairs. (2) Protocols.--Any sharing of information under paragraph (1) shall occur pursuant to a protocol jointly established by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of this subsection. Any such protocol shall be consistent with the following: (A) Applicable provisions of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note), including in particular, section 1614 of that Act (122 Stat. 443; 10 U.S.C. 1071 note). (B) Section 1720F of title 38, United States Code. (f) Contingency Operation Defined.--In this section, the term ``contingency operation'' has the meaning given that term in section 101(a)(13) of title 10, United States Code. (g) Reports.-- (1) Report on guidance.--Upon the issuance of the guidance required by subsection (a), the Secretary of Defense shall submit to Congress a report describing the guidance. (2) Report on implementation of guidance.--Not later than one year after the date of the issuance of the guidance required by subsection (a), the Secretary shall submit to Congress a report on the implementation of the guidance by the military departments. The report shall include an evidence- based assessment of the effectiveness of the mental health screenings provided pursuant to the guidance in achieving the purpose specified in subsection (b) for such screenings.", "summary": "Post-Deployment Health Assessment Act of 2009 - Directs the Secretary of Defense to issue guidance for the provision of an in-person mental health screening for each member of the Armed Forces deployed in connection with a contingency operation, in order to identify post-traumatic stress disorder (PTSD), suicidal tendencies, and other behavioral health issues for which additional care and treatment may be necessary. Excludes from such screenings members not subjected or exposed to combat stress during their deployment. Requires the Secretary to share screening results with the Secretary of Veterans Affairs in order to ensure continuity of mental health care and treatment for such members during their transition from health care and treatment provided by the Department of Defense (DOD) to health care and treatment provided by the Department of Veterans Affairs (VA)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reliable Farm Safety Net Act''. SEC. 2. CROP DISASTER ASSISTANCE FOR FUTURE CROP YEARS. The Federal Crop Insurance Act is amended by inserting after section 518 (7 U.S.C. 1518) the following: ``SEC. 519. PERMANENT AUTHORITY TO PROVIDE EMERGENCY AGRICULTURAL ASSISTANCE. ``(a) Definition of Federally Declared Disaster Area.--In this section, the term `federally declared disaster area' means-- ``(1) a county covered by-- ``(A) a Presidential declaration of major disaster issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or ``(B) a declaration by the Secretary of a disaster area under subpart A of part 1945 of title 7, Code of Federal Regulations (or successor regulations); and ``(2) each county contiguous to a county described in paragraph (1). ``(b) Crop Disaster Assistance.-- ``(1) Authority to provide emergency assistance.--The Secretary shall use the funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that incur qualifying crop losses for an insurable crop due to damaging weather or related condition, as determined by the Secretary, that results in the designation of the county in which the farm or ranch is located as a federally declared disaster area. ``(2) Administration.--Except as provided in paragraphs (3) and (4), the Secretary shall make assistance available under this subsection in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. ``(3) Payment rate.--The Secretary shall make assistance available to producers on a farm for a crop under this subsection at a rate equal to 65 percent of the established price for the crop for any deficiency in production of 35 percent or more for the crop. ``(4) Ineligibility for assistance.-- ``(A) In general.--Except as provided in subparagraph (B), the producers on a farm shall not be eligible for assistance under this subsection with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm-- ``(i) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under this Act for the crop incurring the losses; ``(ii) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop incurring the losses; ``(iii) had adjusted gross incomes, as defined by section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a), of greater than $2,500,000 in 2003; or ``(iv) were not in compliance with highly erodible land conservation and wetland conservation provisions. ``(B) Contract waiver.--The Secretary may waive subparagraph (A) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree-- ``(i) in the case of an insurable commodity, to obtain a policy or plan of insurance under this Act providing additional coverage for the insurable commodity for each of the next 2 crops, at a level of coverage equal to or greater than 60 percent; and ``(ii) in the case of a noninsurable commodity, to file the required paperwork and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). ``(C) Effect of violation.--In the event of the violation of a contract under subparagraph (B) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this subsection. ``(c) Livestock Assistance Program.-- ``(1) Emergency financial assistance.--The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments for livestock losses of eligible applicants due to a disaster, as determined by the Secretary. ``(2) Eligible applicants.--In carrying out the program described in paragraph (1), the Secretary shall provide assistance to any applicant that-- ``(A)(i) conducts a livestock operation that is located in a federally declared disaster area, including any applicant conducting a livestock operation with eligible livestock (within the meaning of the livestock assistance program under section 101(b) of division B of Public Law 108-324 (118 Stat. 1234)); or ``(ii) produces an animal described in section 10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1)); and ``(B) meets all other eligibility requirements established by the Secretary for the program. ``(3) Administration.--The Secretary shall make assistance available under this subsection in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). ``(4) Mitigation.--In determining the eligibility for or amount of payments for which a producer is eligible under the livestock assistance program, the Secretary shall not penalize a producer that takes actions (recognizing disaster conditions) that reduce the average number of livestock the producer owned for grazing during the production year for which assistance is being provided. ``(d) Livestock Indemnity Program.-- ``(1) In general.--The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to carry out a livestock indemnity program for livestock losses of eligible applicants in federally declared disaster areas, as determined by the Secretary. ``(2) Administration.--The Secretary shall make assistance available under this subsection in the same manner as provided under section 3012(b) of the Emergency Agricultural Disaster Assistance Act of 2006 (Public Law 109-234; 120 Stat. 476). ``(3) Limitation on assistance.--A producer may apply for assistance under this subsection or subsection (c), but not both. ``(e) Authorization of Appropriations.--There is authorized to be appropriated such amounts as are necessary to reimburse the Commodity Credit Corporation for funds expended by the Secretary under this section. ``(f) Effective Date.--This section applies to the 2007 and subsequent crop years.''.", "summary": "Reliable Farm Safety Net Act - Amends the Federal Crop Insurance Act to establish permanent authority (beginning with crop year 2007) for the Secretary of Agriculture to provide disaster relief to qualifying agricultural producers who incur crop or livestock losses as a result of damaging weather or related condition in federally declared disaster areas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Green River National Wildlife Refuge Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) the Green River bottoms area, Kentucky, was once part of a large bottomland hardwood forest; (2) most of the bottoms area has been converted to agricultural use through-- (A) draining of wetland; (B) altering of interior drainage systems; and (C) clearing of bottomland hardwood forest; (3) as of the date of enactment of this Act, the bottoms area is predominantly ridge and swale farmland, with river-scar oxbows, several sloughs, wet depression areas, and a small quantity of bottomland hardwood forest; (4) approximately 1,200 acres of bottomland hardwood forest remain, consisting mostly of cypress, willow, hackberry, silver maple, ash, and buttonbush; (5) many of the interior drainage systems on the land offer excellent opportunities to restore, with minor modifications, the historical hydrology, wetland, and bottomland hardwood forest of the bottoms area to high-quality wildlife habitats; (6) in the bottoms area, waterfowl occur in large numbers when sufficient water levels occur, primarily when flood conditions from the Ohio River and the Green River negate the extensive drainages and alterations made by man; (7) the wooded and shrub tracts of the bottoms area are used by many species of nongame neotropical migratory birds; (8) migratory shorebirds use the bottoms area during spring migrations; (9) wading birds such as snipe, great blue heron, green heron, common egret, and great egret frequent the bottoms area; (10) bald eagles and myriad other raptors frequent the bottoms area; (11) several species listed as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) have been found near the bottoms area, including Indiana bat maternity colonies, fanshell, pink mucket pearly mussel, and fat pocketbook; (12) several species of mussel listed as endangered or threatened species under that Act historically occurred near the bottoms area, including purple cat's paw pearly mussel, tubercled-blossom pearly mussel, ring pink, and white wartyback pearly mussel; (13) the copperbelly water snake, covered by the Copperbelly Water Snake Conservation Plan, is found in the wetland complex and buttonbush shrub in the Scuffletown area; (14) significant populations of resident game species, including white-tailed deer, swamp rabbit, cottontail rabbit, gray squirrel, mink, muskrat, beaver, fox, and coyote, occur in the bottoms area; (15) the Ohio River and the Green River are important habitat for big river species such as paddlefish, sturgeon, catfish, carp, buffalo, and gar; (16) conservation, enhancement, and ecological restoration of the bottoms area through inclusion in the National Wildlife Refuge System would help meet the habitat conservation goals of-- (A) the North American Waterfowl Management Plan; (B) the Lower Mississippi Joint Venture; (C) the Interior Low Plateaus Bird Conservation Plan; and (D) the Copperbelly Water Snake Conservation Plan; (17) the valuable complex of wetland habitats comprising the bottoms area, with its many forms of wildlife, has extremely high recreational value for hunters, anglers, birdwatchers, nature photographers, and others; and (18) the Green River bottoms area is deserving of inclusion in the National Wildlife Refuge System. SEC. 3. PURPOSE. The purpose of this Act is to establish the Green River National Wildlife Refuge in the Green River bottoms area, Henderson County, Kentucky, to provide-- (1) habitat for migrating and wintering waterfowl; (2) habitat for nongame land birds; (3) habitats for a natural diversity of fish and wildlife; (4) nesting habitat for wood ducks and other locally nesting migratory waterfowl; (5) high-quality hunting and sportfishing opportunities; and (6) opportunities for environmental education, interpretation, and wildlife-oriented recreation. SEC. 4. DEFINITIONS. In this Act: (1) Refuge.--The term ``Refuge'' means the Green River National Wildlife Refuge established under section 5. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. ESTABLISHMENT. (a) Establishment.-- (1) In general.--The Secretary shall establish the Green River National Wildlife Refuge, consisting of approximately 23,000 acres of Federal land, water, and interests in land or water within the boundaries depicted on the map entitled ``Green River National Wildlife Refuge'', dated September 10, 2001. (2) Boundary revisions.--The Secretary shall make such minor revisions of the boundaries of the Refuge as are appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of land, water, and interests in land or water within the Refuge. (3) Availability of map.--The map referred to in paragraph (1) shall be available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Effective Date.--The establishment of the Refuge shall take effect on the date on which the Secretary publishes, in the Federal Register and publications of local circulation in the vicinity of the Refuge, a notice that sufficient property has been acquired by the United States within the Refuge to constitute an area that can be efficiently managed as a national wildlife refuge. SEC. 6. ACQUISITION OF LAND, WATER, AND INTERESTS IN LAND OR WATER. (a) In General.--Subject to the availability of appropriations, the Secretary may obtain by purchase from willing sellers, donation, or exchange up to 23,000 acres of land and water, or interests in land or water, within the boundaries of the Refuge described in section 5(a)(1). (b) Inclusion in Refuge.--Any land, water, or interest acquired by the Secretary under this section shall be part of the Refuge. SEC. 7. ADMINISTRATION. In administering the Refuge, the Secretary shall-- (1) conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Green River (including associated fish, wildlife, and plant species); (2) conserve, enhance, and restore habitat to maintain and assist in the recovery of species of animals and plants that are listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (3) in providing opportunities for compatible fish- and wildlife-oriented recreation, ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority general public uses of the Refuge, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)); and (4) encourage the use of volunteers and facilitate partnerships among the United States Fish and Wildlife Service, local communities, conservation organizations, and other non- Federal entities to promote-- (A) public awareness of the resources of the Refuge and the National Wildlife Refuge System; and (B) public participation in the conservation of those resources. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary for-- (1) the acquisition of land and water within the boundaries of the Refuge; and (2) the development, operation, and maintenance of the Refuge.", "summary": "Green River National Wildlife Refuge Act of 2002 - Directs the Secretary of the Interior to establish, revise the boundaries of, and acquire land and water for the Green River National Wildlife Refuge in Kentucky.Requires the Secretary, in administering the Refuge, to: (1) conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Green River; (2) conserve, enhance, and restore habitat to maintain and assist in the recovery of animals and plants that are listed as endangered or threatened species; (3) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority general public uses of the Refuge; and (4) encourage the use of volunteers and facilitate partnerships among the U.S. Fish and Wildlife Service, local communities, conservation organizations, and other non-Federal entities to promote public awareness of the refuge resources and public participation in resource conservation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to High Standards Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) far too many students are not being provided sufficient academic preparation in secondary school, which results in limited employment opportunities, college dropout rates of over 25 percent for the first year of college, and remediation for almost one-third of incoming college freshmen; (2) there is a growing consensus that raising academic standards, establishing high academic expectations, and showing concrete results are at the core of improving public education; (3) modeling academic standards on the well-known program of advanced placement courses is an approach that many education leaders and almost half of all States have endorsed; (4) advanced placement programs already are providing 30 different college-level courses, serving almost 60 percent of all secondary schools, reaching over 1,000,000 students (of whom 80 percent attend public schools, 55 percent are females, and 30 percent are minorities), and providing test scores that are accepted for college credit at over 3,000 colleges and universities, every university in Germany, France, and Austria, and most institutions in Canada and the United Kingdom; (5) 24 States are now funding programs to increase participation in advanced placement programs, including 19 States that provide funds for advanced placement teacher professional development, 3 States that require that all public secondary schools offer advanced placement courses, 10 States that pay the fees for advanced placement tests for some or all students, and 4 States that require that their public universities grant uniform academic credit for scores of 3 or better on advanced placement tests; and (6) the State programs described in paragraph (5) have shown the responsiveness of schools and students to such programs, raised the academic standards for both students participating in such programs and other children taught by teachers who are involved in advanced placement courses, and shown tremendous success in increasing enrollment, achievement, and minority participation in advanced placement programs. (b) Purposes.--The purposes of this Act are-- (1) to encourage more of the 600,000 students who take advanced placement courses but do not take advanced placement exams each year to demonstrate their achievements through taking the exams; (2) to build on the many benefits of advanced placement programs for students, which benefits may include the acquisition of skills that are important to many employers, Scholastic Aptitude Tests (SAT) scores that are 100 points above the national averages, and the achievement of better grades in secondary school and in college than the grades of students who have not participated in the programs; (3) to support State and local efforts to raise academic standards through advanced placement programs, and thus further increase the number of students who participate and succeed in advanced placement programs; (4) to increase the availability and broaden the range of schools that have advanced placement programs, which programs are still often distributed unevenly among regions, States, and even secondary schools within the same school district, while also increasing and diversifying student participation in the programs; (5) to build on the State programs described in subsection (a)(5) and demonstrate that larger and more diverse groups of students can participate and succeed in advanced placement programs; (6) to provide greater access to advanced placement courses for low-income and other disadvantaged students; and (7) to provide access to advanced placement courses for secondary school juniors at schools that do not offer advanced placement programs, increase the rate of secondary school juniors and seniors who participate in advanced placement courses to 25 percent of the secondary school student population, and increase the numbers of students who receive advanced placement test scores for which college academic credit is awarded. SEC. 3. ADVANCED PLACEMENT PROGRAM GRANTS. (a) Grants Authorized.-- (1) In general.--From amounts appropriated under the authority of subsection (f) for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsection (c). (2) Duration and payments.-- (A) Duration.--The Secretary shall award a grant under this section for a period of 3 years. (B) Payments.--The Secretary shall make grant payments under this section on an annual basis. (3) Definition of eligible entity.--In this section, the term ``eligible entity'' means a State educational agency, or a local educational agency, in the State. (b) Priority.--In awarding grants under this section the Secretary shall give priority to eligible entities submitting applications under subsection (d) that demonstrate-- (1) a pervasive need for access to advanced placement incentive programs; (2) the involvement of business and community organizations in the activities to be assisted; (3) the availability of matching funds from State or local sources to pay for the cost of activities to be assisted; (4) a focus on developing or expanding advanced placement programs and participation in the core academic areas of English, mathematics, and science; and (5)(A) in the case of an eligible entity that is a State educational agency, the State educational agency carries out programs in the State that target-- (i) local educational agencies serving schools with a high concentration of low-income students; or (ii) schools with a high concentration of low- income students; or (B) in the case of an eligible entity that is a local educational agency, the local educational agency serves schools with a high concentration of low-income students. (c) Authorized Activities.--An eligible entity may use grant funds under this section to expand access for low-income individuals to advanced placement incentive programs that involve-- (1) teacher training; (2) preadvanced placement course development; (3) curriculum coordination and articulation between grade levels that prepares students for advanced placement courses; (4) curriculum development; (5) books and supplies; and (6) any other activity directly related to expanding access to and participation in advanced placement incentive programs particularly for low-income individuals. (d) Application.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Data Collection and Reporting.-- (1) Data collection.--Each eligible entity receiving a grant under this section shall annually report to the Secretary-- (A) the number of students taking advanced placement courses who are served by the eligible entity; (B) the number of advanced placement tests taken by students served by the eligible entity; (C) the scores on the advanced placement tests; and (D) demographic information regarding individuals taking the advanced placement courses and tests disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status. (2) Report.--The Secretary shall annually compile the information received from each eligible entity under paragraph (1) and report to Congress regarding the information. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2000, and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 4. ON-LINE ADVANCED PLACEMENT COURSES. (a) Grants Authorized.--From amounts appropriated under subsection (f) the Secretary shall award grants to local educational agencies to enable the local educational agencies to provide students with on-line advanced placement courses. (b) Contracts.--A local educational agency that receives a grant under this section may enter into a contract with a nonprofit or for- profit organization to provide the on-line advanced placement courses, including contracting for necessary support services. (c) Priority.--In awarding grants under this section the Secretary shall give priority to local educational agencies that-- (1) serve high concentrations of low-income students; (2) serve rural areas; and (3) the Secretary determines would not have access to on- line advanced placement courses without assistance provided under this section. (d) Uses.--Grant funds provided under this section may be used to purchase the on-line curriculum, to train teachers with respect to the use of on-line curriculum, or to purchase course materials. (e) Applications.--Each local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may require. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 5. ADDITIONAL PRIORITIES FOR ADVANCED PLACEMENT. (a) Dissemination of Advanced Placement Information.--Each institution of higher education receiving Federal funds for research or for programs assisted under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)-- (1) shall distribute to secondary school counselors or advanced placement coordinators in the State information with respect to the amount and type of academic credit provided to students at the institution of higher education for advanced placement test scores; and (2) shall standardize, not later than 4 years after the date of enactment of this Act, the form and manner in which the information described in paragraph (1) is disseminated by the various departments, offices, or other divisions of the institution of higher education. (b) State and Local Initiatives.-- (1) Javits gifted and talented students.--Section 10205(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8035(a)) is amended-- (A) in paragraph (1), by striking ``and'' after the semicolon; (B) in paragraph (2), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(3) to programs and projects for gifted and talented students that build on or otherwise incorporate advanced placement courses and tests.''. (2) Upward bound program.--Section 402C of the Higher Education Act of 1965 (20 U.S.C. 1070a-13) is amended by adding at the end the following: ``(f) Priority.--The Secretary shall give priority in awarding grants under this section to upward bound projects that focus on increasing secondary school student participation and success in advanced placement courses.''. (3) Eisenhower professional development.-- (A) Federal activities.--Section 2101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6621) is amended by adding at the end the following: ``(c) Priority.--The Secretary shall give priority in awarding grants and entering into contracts and cooperative agreements under this part to activities that involve training in advanced placement instruction.''. (B) State and local activities.--Section 2207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6647) is amended-- (i) in paragraph (12), by striking ``and'' after the semicolon; (ii) in paragraph (13), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(14) providing professional development activities involving training in advanced placement instruction.''. (4) Technology.-- (A) Star schools.--Section 3204 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6894) is amended by adding at the end the following: ``(i) Advanced Placement Instruction.--Each eligible entity receiving funds under this part is encouraged to deliver advanced placement instruction to underserved communities.''. (B) Education technology grants.--Subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6841 et seq.) is amended-- (i) in section 3134 (20 U.S.C. 6844)-- (I) in paragraph (5), by striking ``and'' after the semicolon; (II) in paragraph (6), by striking the period and inserting ``; and''; and (III) by adding at the end the following: ``(7) providing education technology for advanced placement instruction.''; and (ii) in section 3136(c) (20 U.S.C. 6846(c))-- (I) in paragraph (4), by striking ``and'' after the semicolon; (II) in paragraph (5), by striking the period and inserting ``; and''; and (III) by adding at the end the following: ``(6) the project will use education technology for advanced placement instruction.''. SEC. 6. DEFINITIONS. In this Act: (1) Advanced placement incentive program.--The term ``advanced placement incentive program'' means a program that provides advanced placement activities and services to low- income individuals. (2) Advanced placement test.--The term ``advanced placement test'' means an advanced placement test administered by the College Board or approved by the Secretary. (3) High concentration of low-income students.--The term ``high concentration of low-income students'', used with respect to a State educational agency, local educational agency or school, means an agency or school, as the case may be, that serves a student population 40 percent or more of whom are from families with incomes below the poverty level, as determined in the same manner as the determination is made under section 1124(c)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(2)). (4) Low-income individual.--The term ``low-income individual'' means a low-income individual (as defined in section 402A(g)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a-11(g)(2)) who is academically prepared to successfully take an advanced placement test as determined by a school teacher or advanced placement coordinator taking into consideration factors such as enrollment and performance in an advanced placement course or superior academic ability. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (6) Local educational agency; secondary school; and state educational agency.--The terms ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (7) Secretary.--The term ``Secretary'' means the Secretary of Education. (8) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.", "summary": "Amends the Higher Education Act of 1965 (HEA) and the Elementary and Secondary Education Act of 1965 to make AP programs a priority for Javits Gifted and Talented Students, Upward Bound, Eisenhower professional development, Star Schools, and education technology grants. Requires each institution of higher learning receiving HEA assistance to distribute to secondary school counselors or AP coordinators in the State information on academic credit given to students at the institution for AP test scores."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Continued Dumping or Subsidy Offset Act of 1999''. SEC. 2. FINDINGS OF CONGRESS. Congress makes the following findings: (1) Consistent with the rights of the United States under the World Trade Organization, injurious dumping is to be condemned and actionable subsidies which cause injury to domestic industries must be effectively neutralized. (2) United States unfair trade laws have as their purpose the restoration of conditions of fair trade so that jobs and investment that should be in the United States are not lost through false market signals. (3) The continued dumping or subsidization of imported product after the issuance of antidumping orders or findings or countervailing duty orders can frustrate the remedial purpose of the laws by preventing market prices from returning to fair levels. (4) Where dumping or subsidization continues, domestic producers will be reluctant to reinvest or rehire and may be unable to maintain pension and health care benefits that conditions of fair trade would permit. Similarly, small businesses and America's farmers and ranchers may be unable to pay down accumulated debt, to obtain working capital or otherwise remain viable. (5) United States trade laws should be strengthened to see that the remedial purpose of the laws is achieved in fact. SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930. (a) In General.--Chapter 1 of subtitle C of title VII of the Tariff Act of 1930 (19 U.S.C. 1675 et seq.) is amended by adding at the end the following new section: ``SEC. 754. CONTINUED DUMPING OR SUBSIDY OFFSET. ``(a) In General.--Whenever continued dumping or subsidization is found to exist by the administering authority under section 751(a) of this Act or by operation of law, any duties assessed shall be distributed to the affected domestic producers for qualifying expenditures on an annual basis. Such disbursement shall be known as the `continued dumping or subsidy offset'. ``(b) Definitions.--As used in this section: ``(1) The term `affected domestic producer' means any manufacturer, producer, farmer, rancher or worker representative, including associations of such individuals and entities, that was a petitioner or interested party in support of the petition with respect to which an antidumping duty finding or order or countervailing duty order has been entered and remains in operation. Companies or businesses that have ceased the production of the product covered by the order or finding or who have been acquired by a company or business that is related to a company that opposed the investigation shall not be an affected domestic producer. ``(2) The term `Commissioner' means the Commissioner of the United States Customs Service. ``(3) The term `Commission' means the United States International Trade Commission. ``(4) The term `qualifying expenditure' means an expenditure incurred after the issuance of the antidumping duty finding or order or countervailing duty order in any of the following categories: ``(A) plant; ``(B) equipment; ``(C) research and development; ``(D) personnel training; ``(E) acquisition of technology; ``(F) health care benefits to employees paid for by the employer; ``(G) pension benefits to employees paid for by the employer; ``(H) environmental equipment, training, or technology; ``(I) acquisition of raw materials and other inputs; and ``(J) borrowed working capital or other funds needed to maintain production. ``(c) Disbursement Procedures.--The Commissioner shall prescribe procedures for disbursing the continued dumping or subsidies offset required by this section provided that disbursement shall occur for monies assessed during a fiscal year not later than sixty days after the beginning of the following fiscal year. ``(d) Parties Eligible for Distribution of Antidumping and Countervailing Duties Assessed.-- ``(1) The Commission shall forward to the Commissioner within sixty days of the effective date of this section or within sixty days of an antidumping or countervailing duty order issued after the effective date of this section a list of petitioners and companies that indicate support of the petition by inclusion in the petition or supplements thereto, by letter or through questionnaire response. Where no injury test was required or where the Commission's records do not permit an identification of those in support of a petition the Commission shall consult with the Department of Commerce to determine the identity of the petitioner and those domestic parties who have entered appearances during administrative reviews conducted by Commerce and sought vigorous enforcement of United States law. ``(2) The Commissioner shall publish in the Federal Register at least thirty days prior to the issuance of payments, a notice of intention to distribute duty assessments, the list of companies eligible based on the list obtained from the Commission, and shall request a certification from each recipient as to-- ``(A) desire to receive distribution, ``(B) continued eligibility as an affected domestic producer, and ``(C) the qualifying expenditures incurred since the issuance of the order for which distribution under this section has not previously been made. ``(3) The Commissioner shall distribute all funds (including all interest earned) from assessments received in the completed fiscal year to affected domestic producers based on the affirmative responses to paragraph (2) on a pro rata basis based on new and remaining qualifying expenditures. ``(e) Special Accounts.-- ``(1) Within fourteen days of the effective date of this provision for outstanding antidumping orders and findings or for outstanding countervailing duty orders or within fourteen days of the date an antidumping or countervailing duty order takes effect, the Commissioner shall establish in the Treasury a special account with respect to that order or finding. ``(2) The Commissioner shall have deposited into the special accounts all antidumping or countervailing duties, including interest on such duties, that are assessed under the antidumping order or finding or the countervailing duty order with respect to which the account was established since the effective date of this section. ``(3) The monies in a special account shall be available for distribution to the extent of actual assessment (including interest). ``(4) Consistent with the requirements of subsection (c), the Commissioner shall by regulation prescribe the time and manner in which distribution of funds from special accounts will be made. ``(5) The special accounts shall remain in existence until all entries relating to an order which has been terminated are liquidated and duties assessed collected and the Commissioner has provided one last notice of opportunity to obtain distribution pursuant to subsection (c). Amounts not claimed within 90 days of the time of such final distribution shall be returned to the general fund of the Treasury.''. (b) Conforming Amendment.--The table of contents for title VII of the Tariff Act of 1930 is amended by inserting the following new item after the item relating to section 753: ``Sec. 754. Continued dumping or subsidy offset.''. (c) Effective Date.--The continued antidumping or subsidy offset shall apply with regard to all assessments made on or after October 1, 1996, on outstanding antidumping findings or orders or countervailing duty orders.", "summary": "Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Care Corps Act of 2014''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Corps.--The term ``Corps'' means the National Care Corps established under section 3 of this Act. (2) Director.--The term ``Director'' means the Director of the Corps appointed under section 3(b)(1) of this Act. (3) Local care corps program.--The term ``local Care Corps program'' means a program funded with a grant awarded under section 10(b) of this Act that hosts Corps members and arranges for them to provide approved services to individuals in need. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS. (a) In General.--There is established in the Department of Health and Human Services a program to be known as the ``National Care Corps'' through which Corps members provide approved services to individuals in need via participation in local Care Corps programs. (b) Staff.-- (1) Appointment of director.--The Secretary, acting through the Administrator for Community Living, shall appoint a Director of the Corps. (2) Duties of director.--The Director shall-- (A) design, develop, and administer Corps programs; (B) manage the daily operations of the Corps; and (C) report to the Administrator for Community Living. (3) Authority to employ staff.--The Director may employ such staff as is necessary to carry out this Act. SEC. 4. SELECTION AND ELIGIBILITY OF MEMBERS. (a) In General.-- (1) Selection.--The Director shall select eligible individuals for membership in the Corps. (2) Nondiscrimination.--In selecting Corps members, the Director shall comply with all applicable provisions of State and Federal laws and regulations pertaining to nondiscrimination and equal employment opportunity. (b) Eligible Individuals.--To be eligible for membership in the Corps, an individual shall-- (1) be at least 18 years of age on or before December 31 of the calendar year in which the individual begins participation in the Corps; (2) agree to participate in the Corps for a period of not more than 24 months; (3) submit an application to the Director at such time, in such manner, and containing such information as the Director may require; (4) pass a criminal background check as described in subsection (c); and (5) agree to comply with such terms and conditions as the Director may require. (c) Criminal Background Check.-- (1) In general.--Before selecting any individual for membership in the Corps, the Director shall request a criminal background check of such individual. (2) Membership prohibitions.--An individual shall be ineligible to be a Corps member if-- (A) such individual refuses to consent to the criminal background check; or (B) the criminal background check does not demonstrate to the Director's satisfaction that such individual is fit for Corps service. SEC. 5. AUTHORIZED BENEFITS FOR CORPS MEMBERS. (a) In General.--The Director shall provide for members of the Corps to receive allowances, health insurance, and post-service educational awards authorized by this section. (b) Allowances.--The Director shall provide each Corps member with such living, travel, and leave allowances, and such housing transportation, supplies, equipment, and subsistence as the Director may determine to be necessary for the member's maintenance and to ensure the member's health and capacity to serve effectively. (c) Health Insurance.-- (1) In general.--The Director shall provide for each Corps member to receive health insurance coverage. (2) Minimum essential coverage.--The health insurance coverage described paragraph (1) shall meet the requirements of section 5000A(f) of the Internal Revenue Code of 1986. (d) Post-Service Educational Award.-- (1) In general.--The Director shall establish an educational award for Corps members. (2) Amounts.-- (A) Amount for full-time service.--In the case of a Corps member who completes a 12-month term of full-time service as determined by the Director, such member shall receive an educational award having a value equal to the maximum amount of a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) that a student eligible for such grant may receive in the aggregate (without regard to whether the funds are provided through discretionary or mandatory appropriations) for the award year. A Corps member may receive up to 2 such awards. (B) Amount for other periods of service.--In the case of a Corps member who completes less than a 12- month term of full-time service as determined by the Director, such member may receive a portion of the educational award described in subparagraph (A) that corresponds to the quantity of service actually completed by the member. (3) Uses of award.--An educational award shall be used to pay-- (A) costs of attendance at an institution of higher education; or (B) government or commercial loans received by an individual for costs of attendance at an institution of higher education. (4) Definitions.--For purposes of this subsection, the following definitions shall apply: (A) Cost of attendance.--The term ``cost of attendance'' has the meaning given such term by section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (B) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (e) Regulations.--The Director shall issue any regulations that the Director determines to be necessary to carry out this section. SEC. 6. ASSIGNMENT OF CORPS MEMBERS TO SENIORS AND INDIVIDUALS WITH DISABILITIES. (a) Assignment of Corps Members.-- (1) In general.--The Director shall assign each Corps member to participate in a local Care Corps program. (2) Priority of assignment.--In assigning Corps members to local Care Corps programs, the Director shall assign not less than 20 percent of members to programs that serve geographic areas in which the Director determines there is a shortage of approved services available to individuals in need, with consideration given to low-income and minority populations. (b) Services Provided by Corps Members.-- (1) In general.--Corps members may only provide approved services to individuals in need through participation in local Care Corps programs. (2) Approved services.--Approved services are services provided directly to individuals in need in home-based settings that-- (A) result in person-to-person, supportive relationships with each individual served; (B) support the achievement and maintenance of the highest level of independent living for each individual in need; (C) are meaningful to the Corps member; and (D) are supported by appropriate orientation, training, and supervision. (3) Prohibited services.--In performing duties as a Corps member, no member shall provide-- (A) professional medical services; (B) administrative support services to a local Corps program; (C) care in an institutional setting; (D) care prohibited under State law; or (E) any other services determined by the director to be inconsistent with the purposes of the Corps. (4) Guidance regarding scope of services.--The Director may issue guidance describing the scope of services that may be provided by Corps members. In issuing such guidance, the Director shall provide for a public notice and comment period of not less than 30 days before issuing the guidance in final form. (c) Individual in Need.--The term ``individual in need'' means an individual who-- (1) is at least 65 years of age or has a disability as defined in section 3 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12102); (2) has difficulty with self-care; and (3) meets such other criteria as the Director determines to be appropriate. SEC. 7. TRAINING AND STANDARDS OF CONDUCT. (a) Pre-Assignment Training Program.--The Director shall develop a training program that provides Corps members with instruction in the skills necessary to carry out an assignment in a local Care Corps program. Such training program shall include-- (1) at least 20 hours of instruction for each Corps member; and (2) any other requirements the Director determines to be appropriate. (b) Standards of Conduct.--The Director shall establish and enforce standards to promote proper conduct and discipline within the Corps. SEC. 8. STATUS OF CORPS MEMBERS UNDER FEDERAL LAW. (a) In General.--Except as otherwise provided in this section, members of the Corps shall not, by reason of their status as members, be treated as Federal employees or be subject to the provisions of law relating to Federal employment. (b) Work-Related Injuries.-- (1) In general.--For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to the compensation of Federal employees for work injuries, members of the Corps shall be treated as employees of the United States within the meaning of the term ``employee'', as defined in section 8101 of such title. (2) Special rule.--In the application of the provisions of subchapter I of chapter 81 of title 5, United States Code, to a member of the Corps, the member shall not be treated to be in the performance of duty while absent from the member's assigned post of duty unless the absence is authorized in accordance with procedures prescribed by the Director. (c) Tort Claims Procedure.--A member of the Corps shall be treated as an employee of the United States for purposes of chapter 171 of title 28, United States Code, relating to tort claims liability and procedure. SEC. 9. REPORTING REQUIREMENTS. The Secretary of Health and Human Services, acting through the Administrator for Community Living, shall transmit to Congress at least once in each fiscal year a report on the Corps. At minimum, such report shall include-- (1) a description of the population served by the Corps during the preceding fiscal year; (2) an evaluation of Corps operations; and (3) recommendations, if any, for improving Corps operations. SEC. 10. LOCAL CARE CORPS PROGRAMS. (a) Functions of Local Care Corps Programs.--Local Care Corps programs shall-- (1) conduct in-person orientation and training for Corps members; (2) develop and monitor member assignments, which shall include selecting the individuals in need to be served by Corps members, matching members to assignments, and supervising members; (3) maintain records and prepare reports as required by the Director; and (4) carry out any other activities determined to be appropriate by the Director. (b) Grants for Local Care Corps Programs.--The Director may award grants to qualified entities for the operation of local Care Corps programs. (1) Qualified entity.--The term ``qualified entity'' means a public or private nonprofit entity that is-- (A) part of an aging network, as defined by section 102(5) of the Older Americans Act of 1965 (42 U.S.C. 3002(5)); (B) a time-banking or volunteer organizing agency; (C) a State, county, or local government; or (D) any other entity determined to be appropriate by the Director. (2) Application process.--To be eligible for a grant under this subsection, a qualified entity shall-- (A) submit an application to the Director at such time, in such manner, and containing such information as the Director may require; and (B) abide by such terms and conditions as the Director determines to be appropriate. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $350,000,000 for each of the fiscal years beginning after the date of the enactment of this Act. (b) Continued Availability of Funds.--Amounts authorized to be appropriated under subsection (a) for a fiscal year are authorized to remain available for that fiscal year and the subsequent fiscal year.", "summary": "National Care Corps Act of 2014 - Establishes in the Department of Health and Human Services (HHS) the National Care Corps through which Corps Members provide certain services to individuals in need who are age 65 or older or have a disability and have difficulty with self-care."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Gang Activity Act of 2004''. SEC. 2. AMENDMENT TO TITLE 18. Section 922(g) of title 18, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' after the semicolon; (2) in paragraph (9), by striking the comma at the end and inserting ``; or''; and (3) by adding after paragraph (9) the following: ``(10) who participates in a criminal street gang as described in subsection (z);''. SEC. 3. CRIMINAL STREET GANGS. Section 922 of title 18, United States Code, is amended by adding at the end thereof the following: ``(z) As used in subsection (g)(10): ``(1) The term `criminal street gang' means a formal or informal group, club, organization, or association of 3 or more individuals, who act in concert, or agree to act in concert, with a purpose that any of these persons alone, or in any combination, commit or will commit, 2 or more predicate gang crimes, 1 of which occurs after the date of enactment of this subsection and the last of which occurs not later than 10 years (excluding any period of imprisonment) after the commission of a prior predicate gang crime, provided that the activities of the criminal street gang affect interstate or foreign commerce. ``(2) The term `predicate gang crime' means-- ``(A) any act or threat, or attempted act or threat, which is chargeable under Federal or State law and punishable by imprisonment for more than 1 year, involving murder, attempted murder, manslaughter, gambling, kidnapping, robbery, extortion, arson, obstruction of justice, tampering with or retaliating against a witness, victim, or informant, burglary, sexual assault, carjacking, or manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemicals (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(B) any act punishable by imprisonment for more than 1 year under section 844 (relating to explosive materials), section 922(g)(1) (where the underlying conviction is a serious violent felony (as defined in section 3559(c)(2)(F) of this title) or is a serious drug offense (as defined in section 942(e)(2)(A) of this title), or subsection (a)(2), (b), (c), (g), or (h) of section 924 (relating to receipt, possession, and transfer of firearms), sections 1028 and 1029 (relating to fraud and related activity in connection with identification documents or access devices), section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1512 (relating to tampering with a witness, victim, or informant), or section 1513 (relating to retaliating against a witness, victim, or informant), section 1951 (relating to interference with commerce, robbery or extortion), section 1952 (relating to racketeering), section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire), sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property); or ``(C) any act involving the Immigration and Nationality Act, section 274 (relating to brining in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose). ``(3) The term `State' means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(4) The term `participates in a criminal street gang' means-- ``(A) to participate in a criminal street gang by committing, or conspiring or attempting to commit, 2 or more predicate gang crimes-- ``(i) in furtherance or in aid of the activities of a criminal street gang; or ``(ii) for the purpose of gaining entrance to or maintaining or increasing position in such a gang; or ``(B) to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to commit, cause to commit, or facilitate the commission of, a predicate gang crime-- ``(i) in furtherance or in aid of the activities of a criminal street gang; or ``(ii) for the purpose of gaining entrance to or maintaining or increasing position in such a gang.''.", "summary": "Criminal Gang Activity Act of 2004 - Amends the Brady Handgun Violence Prevention Act to prohibit anyone who participates in a criminal street gang from possessing firearms or ammunition. Defines such participation as committing, or conspiring or attempting to commit, two or more predicate gang crimes, or inducing or facilitating the commission of a predicate gang crime, in furtherance of gang activities or for the purpose of gang membership or position."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Illegal Trafficking in Firearms Act of 2017''. SEC. 2. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Straw purchasing of firearms ``(a) Definitions.--For purposes of this section-- ``(1) the term `crime of violence'-- ``(A) has the meaning given that term in section 924(c)(3); and ``(B) includes a felony offense under the laws of a State that meets the criteria described in subparagraph (A) or (B) of such section 924(c)(3); ``(2) the term `drug trafficking crime'-- ``(A) has the meaning given that term in section 924(c)(2); and ``(B) includes a felony punishable under the law of a State for which the conduct constituting the offense would constitute a felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; ``(3) the term `Federal crime of terrorism' has the meaning given that term in section 2332b(g)(5); and ``(4) the term `purchase' includes the receipt of any firearm by a person who does not own the firearm-- ``(A) by way of pledge or pawn as security for the payment or repayment of money; or ``(B) on consignment. ``(b) Violation.--It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed collector, or licensed dealer) to knowingly purchase, or attempt or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce-- ``(1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or ``(2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person-- ``(A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; ``(B) is a fugitive from justice; ``(C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(D) has been adjudicated as a mental defective or has been committed to any mental institution; ``(E) is an alien who-- ``(i) is illegally or unlawfully in the United States; or ``(ii) except as provided in section 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); ``(F) has been discharged from the Armed Forces under dishonorable conditions; ``(G) having been a citizen of the United States, has renounced his or her citizenship; ``(H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that-- ``(i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(ii)(I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or ``(II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; ``(I) has been convicted in any court of a misdemeanor crime of domestic violence; ``(J)(i) does not reside in any State; and ``(ii) is not a citizen or lawful permanent resident of the United States; ``(K) intends to sell or otherwise dispose of the firearm to a person described in any of subparagraphs (A) through (J); or ``(L) intends to-- ``(i) use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a Federal crime of terrorism, a crime of violence, or a drug trafficking crime; or ``(ii) export the firearm in violation of law. ``(c) Penalty.-- ``(1) In general.--Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) Use in crimes of violence.--If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence, the person shall be sentenced to a term of imprisonment of not more than 25 years. ``(d) Exceptions.--Subsection (b)(1) shall not apply to any firearm that is lawfully purchased by a person-- ``(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm; ``(2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association; ``(3) to be given as a bona fide gratuity to a hunting guide; ``(4) to be given as a bona fide bonus to an employee as the result of lawful services performed in the course of an employment relationship; or ``(5) to be given as a bona fide commemorative award or honorarium, unless the purchaser knows or has reasonable cause to believe the recipient of the firearm is prohibited by Federal law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm. ``Sec. 933. Trafficking in firearms ``(a) In General.--It shall be unlawful for any person to-- ``(1) ship, transport, transfer, cause to be transported, or otherwise dispose of any firearm to another person in or otherwise affecting interstate or foreign commerce, if such person knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would be in violation of any Federal or State law punishable by a term of imprisonment exceeding 1 year; ``(2) receive from another person any firearm in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of any Federal or State law punishable by a term of imprisonment exceeding 1 year; or ``(3) attempt or conspire to commit the conduct described in paragraph (1) or (2). ``(b) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 15 years, or both. ``Sec. 934. Forfeiture and fines ``(a) Forfeiture.-- ``(1) In general.--Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law-- ``(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and ``(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation, except that for any forfeiture of any firearm or ammunition pursuant to this section, section 924(d) shall apply. ``(2) Imposition.--The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1). ``(b) Fines.--A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of-- ``(1) the fine otherwise authorized by this part; or ``(2) the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933.''. (b) Title III Authorization.--Section 2516(1)(n) of title 18, United States Code, is amended by striking ``sections 922 and 924'' and inserting ``section 922, 924, 932, or 933''. (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms),'' before ``section 1028''. (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking ``section 924(n)'' and inserting ``section 924(n), 932, or 933''. (e) Directive to Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code, and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses. In its review, the Commission shall consider, in particular, an appropriate amendment to reflect the intent of Congress that straw purchasers without significant criminal histories receive sentences that are sufficient to deter participation in such activities. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. (f) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. Straw purchasing of firearms. ``933. Trafficking in firearms. ``934. Forfeiture and fines.''. SEC. 3. AMENDMENTS TO SECTION 922(D). Section 922(d) of title 18, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by striking the matter following paragraph (9) and inserting the following: ``(10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (9); or ``(11) intends-- ``(A) to sell or otherwise dispose of the firearm or ammunition in furtherance of a Federal crime of terrorism, a crime of violence, or a drug trafficking offense, as such terms are defined in section 932(a); or ``(B) to export the firearm or ammunition in violation of law. This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.''. SEC. 4. AMENDMENTS TO SECTION 924(A). Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ``(d), (g),''; and (2) by adding at the end the following: ``(8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned for not more than 15 years, or both.''. SEC. 5. AMENDMENTS TO SECTION 924(D). Section 924(d) of title 18, United States Code, is amended-- (1) in paragraph (1), by inserting ``932, or 933,'' after ``section 924,''; and (2) in paragraph (3)-- (A) in subparagraph (E), by striking ``and'' at the end; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) any offense under section 932 or 933.''. SEC. 6. AMENDMENTS TO SECTION 924(H). Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: ``(h)(1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a Federal crime of terrorism, a crime of violence, or a drug trafficking crime (as such terms are defined in section 932(a)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932.''. SEC. 7. AMENDMENTS TO SECTION 924(K). Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: ``(k)(1) A person who smuggles or knowingly brings into the United States a firearm or ammunition, or attempts or conspires to do so, with intent to engage in or to promote conduct that-- ``(A) is punishable under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; or ``(B) constitutes a Federal crime of terrorism, a crime of violence, or a drug trafficking crime (as such terms are defined in section 932(a)), shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) A person who smuggles or knowingly takes out of the United States a firearm or ammunition, or attempts or conspires to do so, with intent to engage in or to promote conduct that-- ``(A) would be punishable under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or ``(B) would constitute a Federal crime of terrorism or a crime of violence (as such terms are defined in section 932(a)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, shall be fined under this title, imprisoned for not more than 15 years, or both.''. SEC. 8. PROHIBITION ON FIREARMS TRANSFERS TO AGENTS OF DRUG CARTELS. The Department of Justice, and any of its law enforcement coordinate agencies, shall not conduct or otherwise facilitate the transfer of an operable firearm to an individual if any law enforcement officer employed by the Department of Justice involved with the transfer knows or has reasonable cause to believe that the recipient of the firearm is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. SEC. 9. RULE OF CONSTRUCTION. Nothing in this Act, or an amendment made by this Act, shall be construed to allow the establishment of a Federal system of registration of firearms, firearms ownership, or firearms transactions or dispositions.", "summary": "Stop Illegal Trafficking in Firearms Act of 2017 This bill amends the federal criminal code to establish stand-alone criminal offenses for trafficking in firearms and straw purchasing of firearms. The bill expands the categories of prohibited persons (i.e., persons barred from receiving or possessing a firearm or ammunition) to include persons who intend: (1) to sell or transfer a firearm or ammunition to a prohibited person; (2) to sell or transfer a firearm to further a crime of violence, a federal crime of terrorism, or a drug trafficking offense; or (3) to unlawfully export. It increases the maximum prison term for the sale or transfer of a firearm to or the receipt or possession of a firearm by a prohibited person. The bill revises existing prohibitions on: (1) transferring a firearm knowing that it will be used to commit a crime of violence or drug trafficking offense; and (2) smuggling a firearm into the United States with the intent to unlawfully import or to promote a crime of violence or drug trafficking offense. It broadens the scope of and increases the maximum prison term for violating the prohibitions. The bill also makes it a crime to smuggle a firearm or ammunition out of the United States, or to conspire or attempt to do so, with the intent to unlawfully export or to promote a crime of violence, a federal crime of terrorism, or a drug trafficking offense. Finally, the bill prohibits the Department of Justice, or its law enforcement coordinate agencies, from facilitating the transfer of an operable firearm to a known or suspected agent of drug cartel, unless U.S. law enforcement personnel continuously monitor or control the firearm."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Affordability Act of 2016''. SEC. 2. AMENDMENTS TO SAFE DRINKING WATER ACT. (a) National Drinking Water Regulations.--Section 1412(b)(9) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)(9)) is amended by striking the last sentence and inserting ``Any revision of a national primary drinking water regulation shall be promulgated in accordance with this section, including paragraphs (3) through (6) of this subsection.'' (b) Enforcement of Drinking Water Regulations.--Section 1414(h)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 300g- 3(h)(1)(C)) is amended by inserting ``or management'' after ``the transfer of ownership''. (c) State Revolving Loan Funds.-- (1) Assistance for disadvantaged communities.--Section 1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j- 12(d)(2)) is amended by striking ``30'' and inserting ``35''. (2) Types of assistance.--Section 1452(f)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-12(f)(1)) is amended-- (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (B) by inserting after subparagraph (B) the following new subparagraph: ``(C) each loan will be fully amortized not later than 30 years after the completion of the project, except that in the case of a disadvantaged community (as defined in subsection (d)(3)) a State may provide an extended term for a loan, if the extended term-- ``(i) terminates not later than the date that is 40 years after the date of project completion; and ``(ii) does not exceed the expected design life of the project;''; and (C) in subparagraph (B), by striking ``1 year after completion of the project for which the loan was made'' and all that follows through ``design life of the project;'' and inserting ``18 months after completion of the project for which the loan was made;''. (3) Administration of state loan funds.--Section 1452(g)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-12(g)(2)) is amended-- (A) in subparagraph (D), by striking the comma and inserting a period; and (B) in the matter following subparagraph (D), by striking ``if the State matches'' through ``fiscal year 1993.''. (4) Other authorized activities.--Section 1452(k)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 300j-12(k)(1)(C)) is amended by striking ``for fiscal years 1996 and 1997'' and all that follows through the period at the end and inserting ``for fiscal years 2018 through 2024 to delineate, assess, update assessments, and undertake implementation activities with respect to source water protection areas in accordance with the requirements of a program approved under section 1453, excluding any activity required to be conducted under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).''. (d) Exemption From Federal Cross-Cutting Requirements.--Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following new section: ``SEC. 1459A. EXEMPTION FROM FEDERAL CROSS-CUTTING REQUIREMENTS. ``Notwithstanding any other provision of law, the Administrator shall exempt a public water system that receives financial assistance pursuant to section 1452 from a Federal cross-cutting requirement if the Administrator determines that the State in which the public water system is located has in effect a requirement which is as stringent as the Federal cross-cutting requirement.''. (e) Definition of Federal Cross-Cutting Requirement.--Section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f) is amended by adding at the end the following new paragraph: ``(17) Federal cross-cutting requirement.--The term `Federal cross-cutting requirement' means a requirement of a Federal law or regulation, compliance with which is a condition on receipt of a loan or grant under this title, that, if applied to projects and activities receiving such financial assistance, would be redundant with a requirement of an applicable State or local law.''. SEC. 3. REPORT. Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report containing-- (1) the results of a study of cost-effective and economically feasible rehabilitation or replacement of drinking water infrastructure to meet the goals of the Safe Drinking Water Act; and (2) an assessment of barriers that preclude communities from using materials and technologies studied pursuant to paragraph (1).", "summary": "Drinking Water Affordability Act of 2016 This bill amends the Safe Drinking Water Act to revise requirements concerning national primary drinking water regulations, including by: removing a requirement that the Environmental Protection Agency maintain, or provide greater, protection of human health when revising those regulations; extending the repayment schedule for loans from the drinking water state revolving funds (SRF); removing certain SRF matching fund requirement for states; authorizing states to protect public drinking water source areas; and removing federal reporting requirements if state or local requirements are at least equally stringent as federal requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Sergei Magnitsky Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States supports the people of the Russian Federation in their efforts to realize their full economic potential and to advance democracy, human rights, and the rule of law. (2) The Russian Federation-- (A) is a member of the United Nations, the Organization for Security and Cooperation in Europe, and the International Monetary Fund; (B) has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Convention against Corruption; and (C) is bound by the legal obligations set forth in the European Convention on Human Rights. (3) States voluntarily commit themselves to respect obligations and responsibilities through the adoption of international agreements and treaties, which must be observed in good faith in order to maintain the stability of the international order. Human rights are an integral part of international law, and lie at the foundation of the international order. The protection of human rights, therefore, particularly in the case of a country that has incurred obligations to protect human rights under an international agreement to which it is a party, is not left exclusively to the internal affairs of that country. (4) Good governance and anti-corruption measures are instrumental in the protection of human rights and in achieving sustainable economic growth, which benefits both the people of the Russian Federation and the international community through the creation of open and transparent markets. (5) Systemic corruption erodes trust and confidence in democratic institutions, the rule of law, and human rights protections. This is the case when public officials are allowed to abuse their authority with impunity for political or financial gains in collusion with private entities. (6) The President of the Russian Federation, Dmitry Medvedev, has addressed corruption in many public speeches, including stating in his 2009 address to Russia's Federal Assembly, ``[Z]ero tolerance of corruption should become part of our national culture. . . . In Russia we often say that there are few cases in which corrupt officials are prosecuted. . . . [S]imply incarcerating a few will not resolve the problem. But incarcerated they must be.''. President Medvedev went on to say, ``We shall overcome underdevelopment and corruption because we are a strong and free people, and deserve a normal life in a modern, prosperous democratic society.''. Furthermore, President Medvedev has acknowledged Russia's disregard for the rule of law and used the term ``legal nihilism'' to describe a criminal justice system that continues to imprison innocent people. (7) The systematic abuse of Sergei Magnitsky, including his repressive arrest and torture in custody by the same officers of the Ministry of the Interior of the Russian Federation that Mr. Magnitsky had implicated in the embezzlement of funds from the Russian Treasury and the misappropriation of 3 companies from his client, Hermitage, reflects how deeply the protection of human rights is affected by corruption. (8) The denial by all state bodies of the Russian Federation of any justice or legal remedies to Mr. Magnitsky during the nearly 12 full months he was kept without trial in detention, and the impunity of state officials he testified against for their involvement in corruption and the carrying out of his repressive persecution since his death, shows the politically motivated nature of the persecution of Mr. Magnitsky. (9) Mr. Magnitsky died on November 16, 2009, at the age of 37, in Matrosskaya Tishina Prison in Moscow, Russia, and is survived by a mother, a wife, and 2 sons. (10) There is extensive evidence that public officials from the Ministry of the Interior of the Russian Federation, the Russian federal tax authorities, the Prosecutor General's Office of the Russian Federation, and the Russian Federal Security Service, as well as regional courts and the prison system of the Russian Federation, have abused their powers and positions to commit serious human rights violations, embezzled funds from the Russian Treasury, and retaliated against whistleblowers. (11) While he was in detention, Sergei Magnitsky called himself a hostage of officials who misappropriated companies from his client, the Hermitage Fund, and embezzled funds from the Russian Treasury. He said that his criminal prosecution, arrest, and detention were organized as a retribution by police officers who had the full knowledge of his innocence. (12) The Public Oversight Commission of the City of Moscow for the Control of the Observance of Human Rights in Places of Forced Detention, an organization empowered by Russian law to independently monitor prison conditions, concluded, ``A man who is kept in custody and is being detained is not capable of using all the necessary means to protect either his life or his health. This is a responsibility of a state which holds him captive. Therefore, the case of Sergei Magnitsky can be described as a breach of the right to life. The members of the civic supervisory commission have reached the conclusion that Magnitsky had been experiencing both psychological and physical pressure in custody, and the conditions in some of the wards of Butyrka can be justifiably called torturous. The people responsible for this must be punished.''. SEC. 3. DEFINITIONS. In this Act: (1) Admitted; alien; spouse.--The terms ``admitted'', ``alien'', and ``spouse'' have the meanings given those terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (3) Financial institution; domestic financial agency; domestic financial institution.--The terms ``financial institution'', ``domestic financial agency'', and ``domestic financial institution'' have the meanings given those terms in section 5312 of title 31, United States Code. (4) Parent.--The term ``parent'' has the meaning given that term in section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101(b)). (5) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 4. IDENTIFICATION OF INDIVIDUALS RESPONSIBLE FOR THE DETENTION, ABUSE, AND DEATH OF SERGEI MAGNITSKY AND FOR THE CONSPIRACY TO DEFRAUD THE RUSSIAN FEDERATION OF TAXES ON CERTAIN CORPORATE PROFITS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall publish a list of each individual the Secretary has reason to believe-- (1) is responsible for the detention, abuse, or death of Sergei Magnitsky; (2) conspired to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against the foreign investment company known as Hermitage and to misappropriate entities owned or controlled by Hermitage; or (3) participated in efforts to conceal the detention, abuse, or death of Sergei Magnitsky described in paragraph (1) or the existence of the conspiracy described in paragraph (2). (b) Updates.--The Secretary of State shall update the list required by subsection (a) as new information becomes available. (c) Notice.--The Secretary of State shall, to the maximum extent practicable, provide notice and an opportunity for a hearing to an individual before the individual is placed on the list required by subsection (a). SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS. (a) Ineligibility for Visas.--An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if the alien-- (1) is an individual on the list required by section 4(a); or (2) is the spouse, son, daughter, or parent of an individual on that list. (b) Current Visas Revoked.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a). (c) Waiver for National Interests.--The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if the Secretary determines that such a waiver is in the national interests of the United States. Upon granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, the waiver. SEC. 6. FINANCIAL MEASURES. (a) Special Measures.--The Secretary of the Treasury shall instruct domestic financial institutions and domestic financial agencies to take 1 or more special measures described in section 5318A(b) of title 31, United States Code, if the Secretary of the Treasury makes a determination under section 5318A of such title with respect to money laundering relating to the conspiracy described in section 4(a)(2). (b) Freezing of Assets.--The Secretary of the Treasury shall freeze and prohibit all transactions in all property and interests in property of an individual that are in the United States, that come within the United States, or that are or come within the possession or control of a United States person if the individual-- (1) is on the list required by section 4(a); or (2) acts as an agent of or on behalf of an individual on the list in a matter relating to an act described in paragraph (1), (2), or (3) of section 4(a). (c) Waiver for National Interests.--The Secretary of the Treasury may waive the application of subsection (a) or (b) if the Secretary determines that such a waiver is in the national interests of the United States. Upon granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, the waiver. (d) Regulatory Authority.--The Secretary of the Treasury shall issue such regulations, licenses, and orders as are necessary to carry out this section. (e) Enforcement.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. SEC. 7. REPORT TO CONGRESS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of the Treasury shall submit to the appropriate congressional committees a report on the actions taken to carry out this Act. (b) Updates.--The Secretary of State and the Secretary of the Treasury shall submit an updated version of the report required by subsection (a) as new information becomes available. SEC. 8. EFFECTIVE DATE. This Act shall take effect on the date that is 90 days after the date of the enactment of this Act. SEC. 9. TERMINATION. The provisions of this Act shall cease to be effective on the date on which the Secretary of State and the Secretary of the Treasury certify to the appropriate congressional committees that-- (1) the Government of the Russian Federation has conducted a thorough and impartial investigation into-- (A) the detention, abuse, and resulting death in custody of Sergei Magnitsky; and (B) the conspiracy (described in section 4(a)(2)) to defraud the Russian Federation of taxes on corporate profits and to misappropriate entities owned or controlled by Hermitage; (2) the investigation described in paragraph (1) was properly conducted, transparent, and free of political influence; (3) the individuals responsible for the detention, abuse, or resulting death of Sergei Magnitsky or for the conspiracy referred to in paragraph (1)(B) have been brought to justice according to the laws of the Russian Federation and pursuant to the international legal obligations of the Russian Federation; and (4) the Government of the Russian Federation-- (A) has taken significant steps to bring the criminal justice system and penal system of the Russian Federation into compliance with applicable international legal standards; (B) has substantially strengthened statutory protections for individuals who disclose evidence of illegal government activities; and (C) has recognized the contribution of Sergei Magnitsky to the fight against corruption and for the rule of law.", "summary": "Justice for Sergei Magnitsky Act of 2010 - Directs the Secretary of State to publish a list of each individual the Secretary believes: (1) is responsible for the detention, abuse, or death of Sergei Magnitsky; (2) conspired to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against the foreign investment company known as Hermitage and to misappropriate Hermitage-owned entities; or (3) participated in efforts to conceal Mr. Magnitsky's detention, abuse, or death, or the existence of such conspiracy. Makes an alien on such list or a family member ineligible to enter or be admitted to the United States. Revokes any visa issued for such person. Authorizes the Secretary to waive such prohibition if in the U.S. national interest. Directs the Secretary of the Treasury to: (1) instruct domestic financial institutions and agencies to take specified measures if the Secretary makes a money laundering determination relating to such conspiracy; and (2) freeze and prohibit U.S. property transactions of an individual who is on such list or acts as an agent for an individual on the list. Authorizes the Secretary to waive such actions if in the U.S. national interest. States that this Act shall cease to be effective when the Secretary of State and the Secretary of the Treasury certify to Congress that: (1) the government of the Russian Federation has conducted a thorough and transparent investigation into Mr. Magnitsky's detention and death, and the related conspiracy: (2) the responsible individuals have been brought to justice according to the Russian Federation's laws and pursuant to its international legal obligations; and (3) the government of the Russian Federation has taken steps to bring its criminal justice and penal systems into compliance with international legal standards, has strengthened statutory protections for individuals who disclose evidence of illegal government activities, and has recognized Sergei Magnitsky's contribution to the fight against corruption and for the rule of law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Marketplace Fairness Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that States should have the ability to enforce their existing sales and use tax laws and to treat similar sales transactions equally, without regard to the manner in which the sale is transacted, and the right to collect--or decide not to collect--taxes that are already owed under State law. SEC. 3. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND USE TAXES. (a) Streamlined Sales and Use Tax Agreement.--Each Member State under the Streamlined Sales and Use Tax Agreement is authorized to require all sellers not qualifying for a small seller exception to collect and remit sales and use taxes with respect to remote sales sourced to that Member State pursuant to the provisions of the Streamlined Sales and Use Tax Agreement. Such authority shall commence beginning no earlier than the first day of the calendar quarter that is at least 90 days after the date of the enactment of this Act. (b) Alternative.-- (1) In general.--A State that is not a Member State under the Streamlined Sales and Use Tax Agreement is authorized to require all sellers not qualifying for the small seller exception to collect and remit sales and use taxes with respect to remote sales sourced to that State, but only if the State adopts and implements minimum simplification requirements. Such authority shall commence beginning no earlier than the first day of the calendar quarter that is at least 6 months after the date that the State enacts legislation to implement each of the following minimum simplification requirements: (A) Provide-- (i) a single State-level agency to administer all sales and use tax laws, including the collection and administration of all State and applicable locality sales and use taxes for all sales sourced to the State made by remote sellers, (ii) a single audit for all State and local taxing jurisdictions within that State, and (iii) a single sales and use tax return to be used by remote sellers and single and consolidated providers and to be filed with the State-level agency. (B) Provide a uniform sales and use tax base among the State and the local taxing jurisdictions within the State. (C) Require remote sellers and single and consolidated providers to collect sales and use taxes pursuant to the applicable destination rate, which is the sum of the applicable State rate and any applicable rate for the local jurisdiction into which the sale is made. (D) Provide-- (i) adequate software and services to remote sellers and single and consolidated providers that identifies the applicable destination rate, including the State and local sales tax rate (if any), to be applied on sales sourced to the State, and (ii) certification procedures for both single providers and consolidated providers to make software and services available to remote sellers, and hold such providers harmless for any errors or omissions as a result of relying on information provided by the State. (E) Hold remote sellers using a single or consolidated provider harmless for any errors and omissions by that provider. (F) Relieve remote sellers from liability to the State or locality for collection of the incorrect amount of sales or use tax, including any penalties or interest, if collection of the improper amount is the result of relying on information provided by the State. (G) Provide remote sellers and single and consolidated providers with 30 days notice of a rate change by any locality in the State. (2) Treatment of local rate changes.--For purposes of this subsection, local rate changes may only be effective on the first day of a calendar quarter. Failure to provide notice under paragraph (1)(G) shall require the State and locality to hold the remote seller or single or consolidated provider harmless for collecting tax at the immediately preceding effective rate during the 30-day period. Each State must provide updated rate information as part of the software and services required by paragraph (1)(D). (c) Small Seller Exception.--A State shall be authorized to require a remote seller, or a single or consolidated provider acting on behalf of a remote seller, to collect sales or use tax under this Act if the remote seller has gross annual receipts in total remote sales in the United States in the preceding calendar year exceeding $500,000. For purposes of determining whether the threshold in this subsection is met, the sales of all persons related within the meaning of subsections (b) and (c) of section 267 or section 707(b)(1) of the Internal Revenue Code of 1986 shall be aggregated. SEC. 4. TERMINATION OF AUTHORITY. The authority granted by this Act shall terminate on the date that the highest court of competent jurisdiction makes a final determination that the State no longer meets the requirements of this Act, and the determination of such court is no longer subject to appeal. SEC. 5. LIMITATIONS. (a) In General.--Nothing in this Act shall be construed as-- (1) subjecting a seller or any other person to franchise, income, occupation, or any other type of taxes, other than sales and use taxes, (2) affecting the application of such taxes, or (3) enlarging or reducing State authority to impose such taxes. (b) No Effect on Nexus.--No obligation imposed by virtue of the authority granted by this Act shall be considered in determining whether a seller or any other person has a nexus with any State for any tax purpose other than sales and use taxes. (c) Licensing and Regulatory Requirements.--Other than the limitation set forth in subsection (a), and section 3, nothing in this Act shall be construed as permitting or prohibiting a State from-- (1) licensing or regulating any person, (2) requiring any person to qualify to transact intrastate business, (3) subjecting any person to State taxes not related to the sale of goods or services, or (4) exercising authority over matters of interstate commerce. (d) No New Taxes.--Nothing in this Act shall be construed as encouraging a State to impose sales and use taxes on any goods or services not subject to taxation prior to the date of the enactment of this Act. (e) Intrastate Sales.--The provisions of this Act shall only apply to remote sales and shall not apply to intrastate sales or intrastate sourcing rules. States granted authority under section 3(a) shall comply with the intrastate provisions of the Streamlined Sales and Use Tax Agreement. SEC. 6. DEFINITIONS AND SPECIAL RULES. In this Act: (1) Consolidated provider.--The term ``consolidated provider'' means any person certified by a State who has the rights and responsibilities for sales and use tax administration, collection, remittance, and audits for transactions serviced or processed for the sale of goods or services made by remote sellers on an aggregated basis. (2) Locality; local.--The terms ``locality'' and ``local'' refer to any political subdivision of a State. (3) Member state.--The term ``Member State''-- (A) means a Member State as that term is used under the Streamlined Sales and Use Tax Agreement as in effect on the date of the enactment of this Act, and (B) does not include any associate member under the Streamlined Sales and Use Tax Agreement. (4) Person.--The term ``person'' means an individual, trust, estate, fiduciary, partnership, corporation, limited liability company, or other legal entity, and a State or local government. (5) Remote sale.--The term ``remote sale'' means a sale of goods or services attributed to a State with respect to which a seller does not have adequate physical presence to establish nexus under Quill Corp. v. North Dakota, 504 U.S. 298 (1992). (6) Remote seller.--The term ``remote seller'' means a person that makes remote sales. (7) Single provider.--The term ``single provider'' means any person certified by a State who has the rights and responsibilities for sales and use tax administration, collection, remittance, and audits for transactions serviced or processed for the sale of goods or services made by remote sellers. (8) Sourced.--For purposes of a State granted authority under section 3(b), the location to which a remote sale is sourced refers to the location where the item sold is received by the purchaser, based on the location indicated by instructions for delivery that the purchaser furnishes to the seller. When no delivery location is specified, the remote sale is sourced to the customer's address that is either known to the seller or, if not known, obtained by the seller during the consummation of the transaction, including the address of the customer's payment instrument if no other address is available. If an address is unknown and a billing address cannot be obtained, the remote sale is sourced to the address of the seller from which the remote sale was made. A State granted authority under section 3(a) shall comply with the sourcing provisions of the Streamlined Sales and Use Tax Agreement. (9) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (10) Streamlined sales and use tax agreement.--The term ``Streamlined Sales and Use Tax Agreement'' means the multi- State agreement with that title adopted on November 12, 2002, as in effect on the date of the enactment of this Act and as further amended from time to time. SEC. 7. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby.", "summary": "Marketplace Fairness Act - Expresses the sense of Congress that states should be able to enforce their existing sales and use tax laws and to treat similar sales transactions equally, without regard to the manner in which the sale is transacted, and to collect, or decide not to collect, taxes that are owed under state law. Authorizes each member state under the Streamlined Sales and Use Tax Agreement (the multistate agreement for the administration and collection of sales and use taxes adopted on November 12, 2002) to require all sellers not qualifying for a small-seller exception (sellers with annual gross receipts in total U.S. remote sales of less than $500,000) to collect and remit sales and use taxes with respect to remote sales under provisions of the Agreement. Defines \"remote sale\" as a sale of goods or services attributed to a state with respect to which a seller does not have adequate physical presence to establish a nexus with the state. Allows a state that is not a member state under the Agreement to require sellers to collect and remit sales and use taxes with respect to remote sales sourced to such state if the state adopts and implements certain minimum simplification requirements, including: (1) providing a single state agency to administer all sales and use taxes, (2) establishing a uniform sales and use tax base, (3) relieving remote sellers from liability to the state or a locality for collection of the incorrect amount of sales or use tax based on information provided by the state, and (4) providing remote sellers 30 days' notice of a tax rate change by any locality in the state."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Credit Card Protection Act of 2005''. SEC. 2. PROHIBIT UNIVERSAL DEFAULTS ON CREDIT CARD ACCOUNTS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following new subsection: ``(i) Universal Defaults Prohibited.-- ``(1) In general.--No creditor may use any adverse information concerning any consumer, including any information in any consumer report (as defined in section 603) or any change in the credit score of the consumer, as the basis for increasing any annual percentage rate of interest applicable to a credit card account of the consumer under an open end consumer credit plan, or to remove or increase any introductory annual percentage rate of interest applicable to such account, for reasons other than actions or omissions of the consumer that are directly related to such account. ``(2) Notice to consumer.--The limitation under paragraph (1) on the use of adverse information by a credit card issuer shall be clearly and conspicuously described to the consumer by the credit card issuer in any disclosure or statement required under subsection (a) or (b).''. SEC. 3. BOX DISCLOSURE OF PAYMENT PERIOD FOR MINIMUM PAYMENTS ON CREDIT CARD BALANCE. Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is amended by adding at the end the following new paragraph: ``(12) Minimum payment terms.-- ``(A) In general.--In a clear and conspicuous manner, repayment information applicable with respect to any outstanding balance on the account, including the following expressed in a tabular format and in close proximity: ``(i) The required minimum monthly payment on that balance, represented as both a dollar figure and a percentage of the outstanding balance. ``(ii) The number of months (rounded to the nearest month) that it would take to pay the entire amount of the current outstanding balance if-- ``(I) the consumer pays only the required minimum monthly payments (as in effect at the time such statement is issued); and ``(II) no further advances or extensions of credit are made with respect to such account. ``(B) Applicable terms.-- ``(i) Applicable apr.--Subject to clause (ii), in making any determination required for purposes of the disclosures under subparagraph (A), the creditor shall apply any applicable annual percentage rate of interest in effect on the date on which the disclosure is made, taking into account the different rates that may be applicable with respect to different portions of the outstanding balance, without regard to whether any such rate is a fixed rate or a variable rate. ``(ii) Introductory rate.--If the annual percentage rate of interest in effect on the date on which the disclosure is made is a temporary or introductory rate that will change pursuant to a contractual provision applying an index or formula for subsequent interest rate adjustment, the creditor shall apply-- ``(I) the annual percentage rate of interest in effect on the date on which the disclosure is made, in making a determination for the balance of the introductory or temporary period, and ``(II) an annual percentage rate of interest, based on an index, formula, or contractual provision that is, or but for the temporary or introductory rate referred to in subclause (I) would be, in effect as of the date on which the disclosure is made, in making a determination for the remainder of the amortization period.''. SEC. 4. ADVANCED NOTICE REQUIRED BEFORE INCREASING RATES OR FEES ON CREDIT CARD ACCOUNTS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (i) (as added by section 2 of this Act) the following new subsection: ``(j) Advance Notice of Increase in Any Interest Rate and Imposition of Any Fee Required.-- ``(1) Interest rates.--In the case of any credit card account under an open end consumer credit plan, no increase in any annual percentage rate of interest (other than an increase due to the expiration of any introductory percentage rate of interest) applicable to such account, or any portion of any outstanding balance on such account-- ``(A) may take effect before the beginning of the billing cycle which begins not less than-- ``(i) 30 days after the obligor receives a specific notice of such increase in accordance with paragraph (3), in the case of any change in any such annual percentage rate that is due solely to a change in another rate of interest to which such rate is indexed; or ``(ii) 60 days after the obligor receives a specific notice of such increase in accordance with paragraph (3), in the case of any change in any such annual percentage rate that is not described in clause (i); and ``(B) may, in the case of any change in any such annual percentage rate that is not described in subparagraph (A)(i), apply to any outstanding balance of credit under such plan as of the date of the notice of the increase required under subparagraph (A). ``(2) Fees.--In the case of any credit card account under an open end consumer credit plan, no fee, including any annual fee, late payment fee, or over-the-limit fee, may be imposed on such account before the end of the 30-day period beginning on the date the obligor receives a specific notice of the imposition of such fee in accordance with paragraph (3). ``(3) Notice requirements.-- ``(A) In general.--Any notice required under this subsection shall be mailed (or e-mailed, if the consumer has requested to receive such notices electronically) to the obligor separately from any statement or other notice and without any advertising or other disclosures. ``(B) Fee explanation.--In the case of any notice pursuant to paragraph (2), the notice shall include an explanation of how, when, and why a fee will be imposed and what options the obligor may have for addressing the imposition of the fee or any reason for such imposition, including the prevention of any future imposition of such fee.''.", "summary": "Consumer Credit Card Protection Act of 2005 - Amends the Truth in Lending Act to prohibit a creditor from using adverse information concerning a consumer as the basis for increasing any annual percentage rate of interest applicable to a credit card account of the consumer under an open end consumer credit plan, or to remove or increase any introductory annual percentage rate of interest applicable to such account, for reasons other than actions or omissions of the consumer that are directly related to such account (universal default). Expands mandatory disclosures governing an open end consumer credit plan to include clear and conspicuous minimum payment terms with respect to the outstanding balance on the account, including prescribed details expressed in tabular format and in close proximity. Requires a creditor to furnish advance notice as a prerequisite to increasing rates or imposing fees on a consumer credit card account."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Confidential Information Protection Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Consumers, citizens, businesses, and other organizations have varying degrees of legal protection when providing information to the Federal Government for strictly statistical purposes. (2) The integrity and credibility of pledges of confidentiality by the Federal Government provide assurances to the public that information about individuals or organizations or provided by individuals or organizations for exclusively statistical purposes will be held in confidence and will not be used against such individuals or organizations in any Federal Government action. (3) Protecting the privacy and confidentiality interests of individuals or organizations who provide information for Federal statistical programs serves both the interests of the public and the needs of society. (4) Declining trust of the public in the protection of information provided to the Federal Government adversely affects both the accuracy and completeness of statistical analyses. (5) Ensuring that information provided for statistical purposes receives protection is essential in continuing public cooperation in statistical programs. (b) Purposes.--The purposes of this Act are the following: (1) To ensure that information supplied by individuals or organizations to an agency for statistical purposes is used exclusively for statistical purposes. (2) To ensure that individuals or organizations who supply information to the Federal Government for statistical purposes will not have that information disclosed in identifiable form for any purpose other than a statistical purpose, without the consent of such individuals or organizations. (3) To safeguard the confidentiality of individually identifiable information acquired for statistical purposes by controlling access to, and uses made of, such information. (4) To respect the rights and privileges of the public by observing and promoting fair information practices. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``respondent'' means a person who, or organization that, is requested or required to supply information to an agency, is the subject of information requested or required to be supplied to an agency, or provides that information to an agency. (2) The term ``identifiable form'' means any representation of information that permits information concerning individual subjects to be reasonably inferred by either direct or indirect means. (3) The term ``nonstatistical purpose'' means use of data in identifiable form for any purpose that is not a statistical purpose, and includes any administrative, regulatory, law enforcement, adjudicatory, or other purpose that affects the rights, privileges, or benefits of a particular identifiable respondent. (4) The term ``agency'' means any entity that falls within the definition of the term ``executive agency'' as defined in section 102 of title 31, United States Code, or ``agency'', as defined in section 3502 of title 44, United States Code. (5) The term ``statistical purpose''-- (A) means the description, estimation, or analysis of the characteristics of groups without regard to the identities of individuals or organizations that comprise such groups; and (B) includes the development, implementation, or maintenance of methods, technical or administrative procedures, or information resources that support the purposes described in subparagraph (A). (6) The term ``statistical agency or unit'' means an agency or organizational unit of the executive branch whose activities are predominantly the collection, compilation, processing, or analysis of information for statistical purposes. (7) The term ``agent'' means a person designated by an executive agency to perform, either in the capacity of a Federal employee or otherwise, exclusively statistical activities under the supervision or control of an officer or employee of that agency, who agrees in writing to comply with all provisions of law that affect information acquired by that agency. SEC. 4. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND INFORMATION. (a) Use of Statistical Data or Information.--Data or information acquired by an agency for exclusively statistical purposes shall be used by the agency only for statistical purposes. (b) Disclosure of Statistical Data or Information.--Data or information acquired by an agency for exclusively statistical purposes shall not be disclosed by an agency in identifiable form, for any purpose other than a statistical purpose, without the informed consent of the respondent. (c) Rule for Use of Data or Information for Nonstatistical Purposes.--A statistical agency or unit shall clearly distinguish any data or information it collects for nonstatistical purposes (as authorized by law) by a rule that provides that the respondent supplying the data or information is fully informed, before the data or information is collected, that the data or information will be used for nonstatistical purposes. (d) Designation of Agents.--A statistical agency or unit may designate agents who may perform exclusively statistical activities, subject to the limitations and penalties described in this Act. SEC. 5. COORDINATION AND OVERSIGHT OF POLICIES. (a) In General.--The Director of the Office of Management and Budget shall coordinate and oversee the confidentiality and disclosure policies established by this Act. (b) Review and Approval of Rules.--The Director shall review any rules proposed by an agency pursuant to this Act for consistency with the provisions of this Act and chapter 35 of title 44, United States Code, and such rules shall be subject to the approval of the Director. SEC. 6. EFFECT ON OTHER LAWS. (a) Title 44, U.S.C.--This Act does not diminish the authority under section 3510 of title 44, United States Code, of the Director of the Office of Management and Budget to direct, and of an agency to make, disclosures that are not inconsistent with any applicable law. (b) Exemption From Freedom of Information Act.--Data or information acquired for exclusively statistical purposes as described in section 4 is exempt from mandatory disclosure under section 552 of title 5, United States Code, pursuant to section 552(b)(3) of such title. (c) Preemption of State Law.--Nothing in this Act shall preempt applicable State law regarding the confidentiality of data collected by the States. (d) Construction.--Nothing in this Act shall be construed as restricting or diminishing any confidentiality protections that otherwise apply to data or information collected for statistical purposes or nonstatistical purposes. SEC. 7. DISCLOSURE PENALTIES. An officer, employee, or agent of an agency who knowingly, without the informed consent of the respondent, discloses in identifiable form, for any purpose other than a statistical purpose, data or information acquired by an agency for an exclusively statistical purpose, shall be found guilty of a class E felony and imprisoned for not more than 5 years, or fined not more than $250,000, or both.", "summary": "Confidential Information Protection Act - Requires data or information acquired by executive agencies for exclusively statistical purposes to be used only for such purposes.Prohibits data or information acquired by an agency for such purposes from being disclosed in identifiable form, for any purpose other than such a purpose, without the informed consent of the respondent.Requires a statistical agency to clearly distinguish any data or information it collects for nonstatistical purposes by a rule that provides that the respondent is fully informed that the information to be collected will be used for such purposes.Requires: (1) the Director of the Office of Management and Budget to coordinate and oversee such confidentiality and disclosure policies; and (2) any rules proposed by an agency pursuant to this Act to be subject to the Director's review and approval.Exempts data or information acquired for exclusively statistical purposes from mandatory disclosure under the Freedom of Information Act. Provides that this Act does not preempt applicable State law regarding the confidentiality of data collected by the States.Sets forth penalties for violations of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclamation Title Transfer Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible facility.--The term ``eligible facility'' means a reclamation project or facility, or a portion of such a project or facility (which may include dams and appurtenant works, water rights, infrastructure, recreational facilities, buildings, distribution and drainage works, and associated lands or interests in lands or water) that meets the criteria for potential transfer established pursuant to section 5. (2) Qualifying entity.--The term ``qualifying entity'' means an agency of a State or local government or an Indian tribe, a municipal corporation, public agency, or other entity such as a water district, that-- (A) held or holds a water service contract, repayment contract, water rights settlement contract or exchange contract providing for water service from the eligible facility to be transferred; and (B) as determined by the Secretary has the capacity to continue to manage the conveyed property for the same purposes that the property has been managed under reclamation law. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Conveyed property.--The term ``conveyed property'' means an eligible facility that has been transferred out of Federal ownership under this Act. SEC. 3. AUTHORIZATION OF TITLE TRANSFER PROGRAM. (a) Title Transfer Program.--Not later than one year after the date of the enactment of this Act, the Secretary shall establish a program to-- (1) identify and analyze the potential for public benefits from the transfer out of Federal ownership of eligible facilities, which may include an analysis of the financial, operational, water supply, and environmental characteristics of the properties proposed for transfer; and (2) facilitate transfer of title of eligible facilities out of Federal ownership to promote more efficient management of water and water-related facilities. (b) Authorization To Transfer Title to Eligible Facilities.--The Secretary, without further authorization from Congress, is authorized to convey all right, title, and interest in any eligible facility to a qualifying entity, provided that-- (1) the Secretary shall retain any mineral interests associated with the conveyed property, but all mineral interests retained by the United States under this Act shall be managed consistent with Federal law in a manner so as not to interfere with the purposes for which the eligible facility was authorized; (2) interests in water shall be conveyed under this Act by a written Agreement between the Secretary and the qualifying entity; and (3) interests in eligible facilities shall be conveyed under this Act by a written Agreement between the Secretary and the qualifying entity, developed in consultation with the existing power customers of the eligible facility. SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS. Before conveying land and facilities under this Act, the Secretary shall complete all actions required under all applicable laws, including-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (3) the National Historic Preservation Act of 1966 (16 U.S.C. 470a et seq.). SEC. 5. ELIGIBILITY CRITERIA FOR TITLE TRANSFER UNDER THIS ACT. Not later than one year after the date of the enactment of this Act, the Secretary shall establish criteria for determining whether facilities are eligible for title transfer under this Act. The criteria shall include the following minimum requirements: (1) A qualifying entity agrees to accept title to the property proposed for transfer. (2) The proposed title transfer will not have an unmitigated significant effect on the environment. (3) The qualifying entity intends to use the property for substantially the same purposes the property is being used for at the time the Secretary evaluates the potential transfer. (4) The transfer is consistent with the Secretary's responsibility to protect land and water resources held in trust for federally recognized Indian tribes. (5) The transfer is consistent with the Secretary's responsibility to ensure compliance with international treaties and interstate compacts. (6) The qualifying entity agrees to provide, as consideration for the assets to be conveyed, compensation to the United States worth the equivalent of the net present value of any repayment obligation to the United States or other income stream the United States derives from the assets to be transferred at the time of the transfer. (7) Interests in water shall only be eligible for conveyance under this Act-- (A) in connection with a conveyance of title to associated land or infrastructure; and (B) when the qualifying entity already has a contractual right to delivery or other interest or use right in the water being considered for conveyance. (8) No conveyance under this Act may-- (A) adversely impact power rates or repayment obligations; or (B) include a Federal facility that produces power that is sold to or eligible to be sold to power customers pursuant to section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)). SEC. 6. LIABILITY. Effective upon the date of conveyance of any eligible facility pursuant to this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence based on its prior ownership or operation of the conveyed property. SEC. 7. BENEFITS. After a conveyance of title under this Act-- (1) the conveyed property shall not be considered to be a part of a Federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including project power, with respect to the conveyed property, except benefits that would be available to a similarly situated entity with respect to property that is not part of a Federal reclamation project. SEC. 8. COMPLIANCE WITH OTHER LAWS. (a) In General.--After a conveyance of title under this Act, the entity to which the property is conveyed shall comply with all applicable Federal, State, and local laws and regulations in its operation of the conveyed property. (b) Applicable Authority.--In accordance with section 213(a) and (b) of the Reclamation Reform Act of 1982 (96 Stat. 1269), the ownership and full-cost pricing limitations of Federal reclamation law (the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts supplementary thereto and amendatory thereof) shall not apply to water in which an interest is conveyed to a qualifying entity under this Act, except that all provisions of Federal reclamation law shall be applicable to project water provided to the entity from facilities that are part of a Federal reclamation project. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. These funds may be used to carry out the investigations authorized under this Act, and for other costs associated with title transfer under this Act, including an appropriate Federal share of the costs of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal law. Expenditures made by the Secretary under this Act shall not be a project cost assignable to any Federal reclamation project and shall be nonreimbursable. SEC. 10. REPORT. Not later than two years after the date that funds are made available for this Act, the Secretary shall submit a report to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate. The report shall-- (1) describe actions taken to implement this Act; (2) list conveyances made under this Act; (3) state the amount of Federal funds obligated or expended to carry out this Act; and (4) describe factors that limit conveyances under in this Act. SEC. 11. RECLAMATION LAW. This Act shall amend and supplement the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplementary thereto and amendatory thereof (43 U.S.C. 371 et seq.).", "summary": "Reclamation Title Transfer Act of 2008 - Directs the Secretary of the Interior to establish a program to: (1) identify and analyze the potential for public benefits from the transfer out of federal ownership of eligible reclamation projects or facilities; and (2) facilitate such transfer to promote more efficient management of water and water-related facilities. Authorizes the Secretary to convey title in any such facility to a qualifying entity (including an agency of a state or local government or Indian tribe, a municipal corporation, or another entity such as a water district), provided that: (1) the Secretary retains any associated mineral interests; (2) water interests are conveyed by written agreement; and (3) interests in eligible facilities are conveyed by an agreement developed in consultation with the facility's existing power customers. Requires the Secretary to: (1) complete all actions required under all applicable laws (including environmental and historic preservation laws) before conveying land and facilities; and (2) establish criteria for determining whether facilities are eligible for title transfer, including requirements that a qualifying entity agrees to accept title to the property and that the proposed title transfer will not have an unmitigated significant effect on the environment. Shields the United States from liability for any act, omission, or occurrence based on its prior ownership or operation of the conveyed property. Requires a recipient entity to comply with all applicable laws and regulations in its operation of conveyed property."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Textile Technology Innovation and Research for Exportation (ATTIRE) Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the United States textile industry continues to thrive and evolve despite changing economic and labor conditions; (2) the United States textile industry employs over 500,000 workers nationwide and contributes nearly $60,000,000,000 to the gross domestic product annually; (3) the United States textile industry is a primary supplier of domestic jobs to women and minorities, with many of these jobs located in economically depressed rural and urban areas; (4) research and innovation are essential to the United States textile industry's ability to maintain its competitive advantage and expand its export on an international scale; and (5) by working closely with the textile industry to improve existing technologies and to identify new market opportunities, university-based textile research programs and not-for-profit textile research centers play a critical role in promoting innovation and growth in the textile industry and in the United States economy as a whole. SEC. 3. GRANT PROGRAM TO SUPPORT TEXTILE RESEARCH AND INNOVATION THROUGH UNIVERSITY AND INDUSTRY-BASED RESEARCH. (a) Grants Authorized.--The Secretary of Commerce shall establish a competitive grant program (in this section referred to as the ``grant program'') to fund textile research and innovation and to promote increased textile exports. (b) Administration of Grant Program.-- (1) Eligible recipients.--The eligible recipients of grants under the grant program shall be limited to institutions of higher education and not-for-profit research institutions, including not-for-profit industry associations whose core mission is to support textile research and innovation. (2) Preference.--Preference in awarding such grants shall be given to collaborative research organizations that emphasize peer-reviewed research by leading academic and industry experts. (3) Application procedure.--Applications for such a grant shall be submitted at such time and in such manner as determined by the Secretary of Commerce. (4) Review procedure.--All such applications shall be subject to a rigorous and competitive peer review procedure. (c) Eligible Uses of Funds.--The funds authorized to be appropriated for the grant program shall be used for research and development activities that achieve at least one of the following goals: (1) To build and sustain innovation, competitiveness, and best practices in the United States textile industry. (2) To contribute to transforming the United States textile and apparel industry into a highly flexible supply chain, capable of responding to rapidly changing market demands including shifts to technologically advanced textile production. (3) To discover, design, and develop new materials, and innovative and improved manufacturing and integrated systems, essential to the success of a modern United States textile industry. (4) To train personnel, establish industrial partnerships, and create transfer mechanisms to ensure the utilization of technologies developed. (5) To strengthen the Nation's textile research and educational efforts by uniting diverse experts and resources in unique collaborative projects. (6) To facilitate the creation of domestic jobs in the textile industry. (d) Restriction on Funds.-- (1) In general.--Subject to paragraph (2), no more than 75 percent of total funding made available under the grant program in a fiscal year may be disbursed to institutions of higher education. (2) Waiver authority.--If the Secretary of Commerce determines that the limitation of paragraph (1) would result in the failure to disburse all appropriated funds for a fiscal year, the Secretary may waive such limitation for such fiscal year. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary of Commerce $5,000,000 for fiscal year 2013 to carry out section 3. Amounts appropriated under this subsection shall be available until expended. (b) Offsetting Reduction of Authorization of Appropriations.--The amount authorized to be appropriated for operations and administration of the International Trade Administration in the Department of Commerce for fiscal year 2013 is reduced by $5,000,000.", "summary": "American Textile Technology Innovation and Research for Exportation (ATTIRE) Act - Directs the Secretary of Commerce to establish a grant program to fund textile research and innovation in the U.S. textile and fiber products industry and to promote increased U.S. textile exports. Limits eligibility under such grant program to institutions of higher education and not-for-profit research institutions, including not-for-profit industry associations whose mission is to support textile research and innovation. Gives preference in the award of such grants to collaborative research organizations that emphasize peer-reviewed research by leading academic and industry experts. Requires grant funds to be used for research and development activities that achieve at least one of the goals described in this Act, including to: (1) build and sustain innovation and competitiveness in the U.S. textile industry; (2) contribute to transforming the U.S. textile and apparel industry into a highly flexible supply chain; and (3) facilitate the creation of domestic jobs in the textile industry."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Communist China Subsidy Reduction Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) the People's Republic of China has enjoyed ready access to international capital through commercial loans, direct investment, sales of securities, bond sales, and foreign aid; (2) regarding international commercial lending, the People's Republic of China had $48,000,000,000 in loans outstanding from private creditors in 1995; (3) regarding international direct investment, international direct investment in the People's Republic of China from 1993 through 1995 totaled $97,151,000,000, and in 1996 alone totaled $47,000,000,000; (4) regarding investment in Chinese securities, the aggregate value of outstanding Chinese securities currently held by Chinese nationals and foreign persons is $175,000,000,000, and from 1993 through 1995 foreign persons invested $10,540,000,000 in Chinese stocks; (5) regarding investment in Chinese bonds, entities controlled by the Government of the People's Republic of China have issued 75 bonds since 1988, including 36 dollar- denominated bond offerings valued at more than $6,700,000,000, and the total value of long-term Chinese bonds outstanding as of January 1, 1996, was $11,709,000,000; (6) regarding international assistance, the People's Republic of China received almost $1,000,000,000 in foreign aid grants and an additional $1,566,000,000 in technical assistance grants from 1993 through 1995, and in 1995 received $5,540,000,000 in bilateral assistance loans, including concessional aid, export credits, and related assistance; and (7) regarding international financial institutions-- (A) despite the People's Republic of China's access to international capital and world financial markets, international financial institutions have annually provided it with more than $4,000,000,000 in loans in recent years, amounting to almost a third of the loan commitments of the Asian Development Bank and 17.1 percent of the loan approvals by the International Bank for Reconstruction and Development in 1995; and (B) the People's Republic of China borrows more from the International Bank for Reconstruction and Development and the Asian Development Bank than any other country, and loan commitments from those institutions to the People's Republic of China quadrupled from $1,100,000,000 in 1985 to $4,300,000,000 by 1995. SEC. 3. OPPOSITION OF UNITED STATES TO CONCESSIONAL LOANS TO THE PEOPLE'S REPUBLIC OF CHINA. Title XV of the International Financial Institutions Act (22 U.S.C. 262o-262o-1) is amended by adding at the end the following: ``SEC. 1503. OPPOSITION OF UNITED STATES TO CONCESSIONAL LOANS TO THE PEOPLE'S REPUBLIC OF CHINA. ``(a) In General.--The Secretary of the Treasury shall instruct the United States Executive Directors at each international financial institution (as defined in section 1702(c)(2) of the International Financial Institutions Act) to use the voice and vote of the United States to oppose the provision by the institution of concessional loans to the People's Republic of China, any citizen or national of the People's Republic of China, or any entity established in the People's Republic of China. ``(b) Concessional Loans Defined.--As used in subsection (a), the term `concessional loans' means loans with highly subsidized interest rates, grace periods for repayment of 5 years or more, and maturities of 20 years or more.''. SEC. 4. PRINCIPLES THAT SHOULD BE ADHERED TO BY ANY UNITED STATES NATIONAL CONDUCTING AN INDUSTRIAL COOPERATION PROJECT IN THE PEOPLE'S REPUBLIC OF CHINA. (a) Purpose.--It is the purpose of this section to create principles governing the conduct of industrial cooperation projects of United States nationals in the People's Republic of China. (b) Statement of Principles.--It is the sense of the Congress that any United States national conducting an industrial cooperation project in the People's Republic of China should: (1) Suspend the use of any goods, wares, articles, or merchandise that the United States national has reason to believe were mined, produced, or manufactured, in whole or in part, by convict labor or forced labor, and refuse to use forced labor in the industrial cooperation project. (2) Seek to ensure that political or religious views, sex, ethnic or national background, involvement in political activities or nonviolent demonstrations, or association with suspected or known dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or in any way affect the status or terms of employment in the industrial cooperation project. The United States national should not discriminate in terms or conditions of employment in the industrial cooperation project against persons with past records of arrest or internal exile for nonviolent protest or membership in unofficial organizations committed to nonviolence. (3) Ensure that methods of production used in the industrial cooperation project do not pose an unnecessary physical danger to workers and neighboring populations or property, and that the industrial cooperation project does not unnecessarily risk harm to the surrounding environment; and consult with community leaders regarding environmental protection with respect to the industrial cooperation project. (4) Strive to establish a private business enterprise when involved in an industrial cooperation project with the Government of the People's Republic of China or other state entity. (5) Discourage any Chinese military presence on the premises of any industrial cooperation projects which involve dual-use technologies. (6) Undertake to promote freedom of association and assembly among the employees of the United States national. The United States national should protest any infringement by the Government of the People's Republic of China of these freedoms to the International Labor Organization's office in Beijing. (7) Provide the Department of State with information relevant to the Department's efforts to collect information on prisoners for the purposes of the Prisoner Information Registry, and for other reporting purposes. (8) Discourage or undertake to prevent compulsory political indoctrination programs from taking place on the premises of the industrial cooperation project. (9) Promote freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media. To this end, the United States national should raise with appropriate authorities of the Government of the People's Republic of China concerns about restrictions on the free flow of information. (10) Undertake to prevent harassment of workers who, consistent with the United Nations World Population Plan of Action, decide freely and responsibly the number and spacing of their children; and prohibit compulsory population control activities on the premises of the industrial cooperation project. (c) Promotion of Principles by Other Nations.--The Secretary of State shall forward a copy of the principles set forth in subsection (b) to the member nations of the Organization for Economic Cooperation and Development and encourage them to promote principles similar to these principles. (d) Registration Requirement.-- (1) In general.--Each United States national conducting an industrial cooperation project in the People's Republic of China shall register with the Secretary of State and indicate that the United States national agrees to implement the principles set forth in subsection (b). No fee shall be required for registration under this subsection. (2) Preference for participation in trade missions.--The Secretary of Commerce shall consult the register prior to the selection of private sector participants in any form of trade mission to China, and undertake to involve those United States nationals that have registered their adoption of the principles set forth above. (e) Definitions.--As used in this section-- (1) the term ``industrial cooperation project'' refers to a for-profit activity the business operations of which employ more than 25 individuals or have assets greater than $25,000; and (2) the term ``United States national'' means-- (A) a citizen or national of the United States or a permanent resident of the United States; and (B) a corporation, partnership, or other business association organized under the laws of the United States, any State or territory thereof, the District of Columbia, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands. SEC. 5. PROMOTION OF EDUCATIONAL, CULTURAL, SCIENTIFIC, AGRICULTURAL, MILITARY, LEGAL, POLITICAL, AND ARTISTIC EXCHANGES BETWEEN THE UNITED STATES AND CHINA. (a) Exchanges Between the United States and China.--Agencies of the United States Government which engage in educational, cultural, scientific, agricultural, military, legal, political, and artistic exchanges shall endeavor to initiate or expand such exchange programs with regard to China. (b) Sense of Congress.--It is the sense of the Congress that a federally chartered not-for-profit organization should be established to fund exchanges between the United States and China through private donations. Passed the House of Representatives November 6, 1997. Attest: ROBIN H. CARLE, Clerk.", "summary": "Communist China Subsidy Reduction Act of 1997 - Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Directors at each international financial institution to vote to oppose the provision of concessional loans (with highly subsidized interest rates, grace periods for repayment of five years or more, and maturities of 20 years or more) to China, any Chinese citizen or national, or any Chinese entity. (Sec. 4) Expresses the sense of the Congress that U.S. nationals conducting industrial cooperation projects in China should adhere to certain principles, including: (1) suspending the use of any merchandise that they have reason to believe was produced by convict or forced labor, and refusing to use forced labor in their projects; (2) seeking to ensure that political or religious views, sex, ethnic or national background, or association with dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or otherwise affect the employment status of an individual employed in the industrial cooperation project; (3) ensuring that methods of production used in the projects do not pose unnecessary danger to workers and the surrounding neighborhoods and environment; (4) striving to establish private business enterprises when involved in a project with the Government of China; (5) discouraging any military presence on the premises of the project; (6) promoting freedom of association and assembly among employees; (7) providing the Department of State with information relevant to its efforts to collect information on prisoners for purposes of the Prisoner Information Registry; (8) discouraging or preventing compulsory political indoctrination programs from taking place on project premises; (9) promoting freedom of expression of all kinds; and (10) preventing harassment of workers who decide freely the number and spacing of their children, and prohibiting compulsory population control activities on the premises of the project. Directs the Secretary of State to forward a copy of these principles to the member nations of the Organization for Economic Cooperation and Development, and encourage them to promote similar principles. Directs each U.S. national conducting an industrial cooperation project in China to register with the Secretary and indicate whether they agree to implement such principles. Directs the Secretary of Commerce to give preference to U.S. nationals who have adopted such principles when selecting participants for trade missions to China. (Sec. 5) Directs U.S. agencies that engage in educational, cultural, scientific, agricultural, military, legal, political, and artistic exchanges to initiate and expand such exchange programs with regard to China. Expresses the sense of the Congress that a federally chartered not-for-profit organization should be established to fund exchanges between the United States and China through private donations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Asthma Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Despite improved therapies, asthma affects approximately 22,000,000 adults and 6,800,000 children under the age of 18 in the United States. (2) Approximately 1,000,000 hospital emergency room visits are attributed to asthma annually. (3) Asthma can be life-threatening if not properly managed. Most asthma-related deaths are preventable, yet such deaths continue to occur in the United States. (4) Asthma-related health care costs are estimated at $14,000,000,000 annually. (5) With early recognition of the signs and symptoms of asthma, proper diagnosis and treatment, and patient education and self-management, asthma is a controllable disease. (6) Public health interventions have been proven effective in the treatment and management of asthma. Population-based research supported by the National Institutes of Health has effectively demonstrated the benefits of combining aggressive medical treatment with patient education to improve the management of asthma. The National Asthma Education and Prevention Program helps raise awareness that asthma is a serious chronic disease, and helps promote more effective management of asthma through patient and professional education. (7) The alarming rise in prevalence, asthma-related deaths, and expenditures demonstrate that, despite extensive knowledge on effective asthma management strategies, current Federal policy and funding regarding the education, treatment, and management of asthma is inadequate. (8) Additional Federal direction, funding, and support is necessary to increase awareness of asthma as a chronic illness, its symptoms, and the environmental factors (indoor and outdoor) that affect the disease, as well as to promote education programs that teach patients how to better manage asthma. SEC. 3. PROVISIONS REGARDING NATIONAL ASTHMA EDUCATION AND PREVENTION PROGRAM OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE. (a) Additional Funding; Expansion of Program.--In addition to any other authorization of appropriations that is available to the National Heart, Lung, and Blood Institute for the purpose of carrying out the National Asthma Education and Prevention Program, there is authorized to be appropriated to such Institute for such purpose $4,100,000 for each of the fiscal years 2010 through 2014. Amounts appropriated under the preceding sentence shall be expended to expand such Program. (b) Coordinating Committee.-- (1) Report to congress.--With respect to the coordinating committee established for the National Asthma Education and Prevention Program of the National Heart, Lung, and Blood Institute, such committee shall submit to Congress a report that-- (A) contains a determination by the committee of the scope of the problem of asthma in the United States; (B) identifies all Federal programs that carry out asthma-related activities; and (C) contains the recommendations of the committee for strengthening and better coordinating the asthma- related activities of the Federal Government. (2) Inclusion of representative of department of education.--The Secretary of Education or a designee of such Secretary shall be included in the membership of the coordinating committee described in paragraph (1). SEC. 4. ASTHMA-RELATED ACTIVITIES OF CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Expansion of Public Health Surveillance Activities; Program for Providing Information and Education to Public.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall collaborate with the States to expand the scope of-- (1) activities that are carried out to determine the incidence and prevalence of asthma; and (2) activities that are carried out to prevent the health consequences of asthma, including through the provision of information and education to the public regarding asthma, which may include the use of public service announcements through the media and such other means as such Director determines to be appropriate. (b) Compilation of Data.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the National Asthma Education Prevention Program Coordinating Committee, shall-- (1) conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management, including-- (A) telephone surveys to collect sample household data on the local burden of asthma; and (B) health care facility specific surveillance to collect asthma data on the prevalence and severity of asthma, and on the quality of asthma care; and (2) compile and annually publish data on-- (A) the prevalence of children suffering from asthma in each State; and (B) the childhood mortality rate associated with asthma nationally and in each State. (c) Additional Funding.--In addition to any other authorization of appropriations that is available to the Centers for Disease Control and Prevention for the purpose of carrying out this section, there is authorized to be appropriated to such Centers for such purpose $8,200,000 for each of the fiscal years 2010 through 2014. SEC. 5. GRANTS FOR COMMUNITY OUTREACH REGARDING ASTHMA INFORMATION, EDUCATION, AND SERVICES. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') may make grants to nonprofit private entities for projects to carry out, in communities identified by entities applying for the grants, outreach activities to provide for residents of the communities the following: (1) Information and education on asthma. (2) Referrals to health programs of public and nonprofit private entities that provide asthma-related services, including such services for low-income individuals. The grant may be expended to make arrangements to coordinate the activities of such entities in order to establish and operate networks or consortia regarding such referrals. (b) Preferences in Making Grants.--In making grants under subsection (a), the Secretary shall give preference to applicants that will carry out projects under such subsection in communities that are disproportionately affected by asthma or underserved with respect to the activities described in such subsection and in which a significant number of low-income individuals reside. (c) Evaluations.--As a condition for receiving a grant under subsection (a), the applicant for the grant shall agree to provide for the evaluation of the projects carried out under such subsection by the applicant to determine the extent to which the projects have been effective in carrying out the activities described in such subsection. (d) Funding.--For the purpose of carrying out this section, there is authorized to be appropriated $4,100,000 for each of the fiscal years 2010 through 2014. SEC. 6. ACTION PLANS OF STATES REGARDING ASTHMA; FINANCIAL INCENTIVES REGARDING CHILDREN'S HEALTH INSURANCE PROGRAM. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall in accordance with subsection (b) carry out a program to encourage the States to implement plans to carry out activities to assist children with respect to asthma in accordance with guidelines of the National Heart, Lung, and Blood Institute. (b) Relation to Children's Health Insurance Program.-- (1) In general.--Subject to paragraph (2), if a State plan under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) provides for activities described in subsection (a) to an extent satisfactory to the Secretary, the Secretary shall, with amounts appropriated under subsection (c), make a grant to the State involved to assist the State in carrying out such activities. (2) Requirement of matching funds.-- (A) In general.--With respect to the costs of the activities to be carried out by a State under paragraph (1), the Secretary may make a grant under such paragraph only if the State agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 50 percent of the costs ($1 for each $1 of Federal funds provided in the grant). (B) Determination of amount contributed.--Non- Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (3) Criteria regarding eligibility for grant.--The Secretary shall publish in the Federal Register criteria describing the circumstances in which the Secretary will consider a State plan to be satisfactory for purposes of paragraph (1). (4) Technical assistance.--With respect to State plans under title XXI of the Social Security Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make available to the States technical assistance in developing the provisions of such plans that will provide for activities pursuant to paragraph (1). (c) Funding.--For the purpose of carrying out this section, there is authorized to be appropriated $4,100,000 for each of the fiscal years 2010 through 2014. SEC. 7. ACTION PLANS OF LOCAL EDUCATIONAL AGENCIES REGARDING ASTHMA. (a) In General.-- (1) School-based asthma activities.--The Secretary of Education (in this section referred to as the ``Secretary''), in consultation with the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, may make grants to local educational agencies to carry out at elementary and secondary schools described in paragraph (2) programs for asthma-related activities for children who attend such schools. (2) Eligible schools.--The elementary and secondary schools described in this paragraph are such schools that are located in communities with a significant number of low-income or underserved individuals (as defined by the Secretary). (b) Development of Programs.--Programs under subsection (a) shall include grants under which local education agencies and State public health officials collaborate to develop programs to improve the management of asthma in school settings. (c) Certain Guidelines.--Programs under subsection (a) shall be carried out in accordance with applicable guidelines or other recommendations of the National Institutes of Health (including the National Heart, Lung, and Blood Institute) and the Environmental Protection Agency. (d) Certain Activities.--Activities that may be carried out in programs under subsection (a) include the following: (1) Identifying and working directly with local hospitals, community clinics, advocacy organizations, parent-teacher associations, and asthma coalitions. (2) Identifying asthmatic children and training such children and the families of such children in asthma self- management. (3) Purchasing asthma equipment. (4) Hiring school nurses. (5) Training teachers, nurses, coaches, and other school personnel in asthma-symptom recognition and emergency responses. (6) Simplifying procedures to improve safe access of students to asthma medications. (7) Such other asthma-related activities as the Secretary determines to be appropriate. (e) Definitions.--For purposes of this section, the terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (f) Funding.--For the purpose of carrying out this section, there is authorized to be appropriated $4,100,000 for each of the fiscal years 2010 through 2014. SEC. 8. SENSE OF CONGRESS REGARDING HOSPITALS AND MANAGED CARE PLANS. It is the sense of Congress that-- (1) hospitals should be encouraged to offer asthma-related education and training to asthma patients and families of asthma patients upon discharge from the hospital of such patients; (2) hospitals should, with respect to information on asthma, establish telephone services for patients and communicate with providers of primary health services; and (3) managed care organizations should-- (A) be encouraged to disseminate to health care providers asthma clinical practice guidelines developed or endorsed by the Public Health Service; (B) collect and maintain asthma data; and (C) offer asthma-related education and training to asthma patients and their families. SEC. 9. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF ACT. It is the sense of Congress that all Federal, State, and local asthma-related activities should-- (1) promote the guidelines and other recommendations of the Public Health Service on asthma diagnosis and management; and (2) be designed in consultation with national and local organizations representing the medical, educational, and environmental communities, as well as advocates that represent those affected by asthma.", "summary": "Asthma Act - Authorizes additional appropriations to the National Heart, Lung, and Blood Institute to expand the National Asthma Education and Prevention Program. Requires the Program's coordinating committee to report to Congress on: (1) the scope of the asthma problem in the United States; (2) federal programs that carry out asthma-related activities; and (3) recommendations for strengthening and better coordinating such activities. Includes the Secretary of Education or a designee in the committee's membership. Requires the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC) to: (1) collaborate with states to expand the scope of asthma-related activities to determine the incidence and prevalence of asthma and prevent related health consequences; (2) conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management; and (3) compile and annually publish data on the prevalence of asthma in children. Authorizes the Secretary to make grants for: (1) information and education on asthma; and (2) referrals to health programs that provide asthma-related services. Directs the Secretary to: (1) carry out a program to encourage the states to implement plans for activities to assist children with respect to asthma in accordance with the Institute's guidelines; and (2) make a grant to states under the Children's Health Insurance Program (CHIP, formerly known as SCHIP) for such activities. Authorizes grants to local educational agencies to carry out asthma-related activities at elementary and secondary schools in communities with a significant number of low-income or underserved individuals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Discovery Trails Act of 1997''. SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS. (a) National Discovery Trails Established.-- (1) In general.--Section 3(a) of the National Trails System Act (16 U.S.C. 1242(a)) is amended by inserting after paragraph (4) the following: ``(5) National discovery trails, established as provided in section 5, which will be extended, continuous, interstate trails so located as to provide for outstanding outdoor recreation and travel and to connect representative examples of America's trails and communities. National discovery trails should provide for the conservation and enjoyment of significant natural, cultural, and historic resources associated with each trail and should be so located as to represent metropolitan, urban, rural, and backcountry regions of the Nation.''. (2) Feasibility requirements; cooperative management requirement.--Section 5 of such Act (16 U.S.C. 1244) is amended by adding at the end the following new subsection: ``(g)(1) For purposes of subsection (b), a trail shall not be considered feasible and desirable for designation as a national discovery trail unless it meets all of the following criteria: ``(A) The trail must link to one or more areas within the boundaries of a metropolitan area (as those boundaries are determined under section 134(c) of title 23, United States Code). It should also join with other trails, tying the National Trails System to significant recreation and resources areas. ``(B) It must be supported by a competent trailwide nonprofit organization. Each trail should have extensive local and trailwide support by the public, by user groups, and by affected State and local governments. ``(C) It must be extended and pass through more than one State. At a minimum, it should be a continuous, walkable route. ``(2) The appropriate Secretary for each national discovery trail shall administer the trail in cooperation with a competent trailwide nonprofit organization.''. (b) Designation of the American Discovery Trail as a National Discovery Trail.--Section 5(a) of such Act (16 U.S.C. 1244(a)) is amended-- (1) by redesignating the paragraph relating to the California National Historic Trail as paragraph (18); (2) by redesignating the paragraph relating to the Pony Express National Historic Trail as paragraph (19); and (3) by adding at the end the following: ``(20) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, extending westward through Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into two routes. The Northern Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route traverses Indiana, Illinois, Missouri, Kansas, and Colorado. After the two routes rejoin in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in Volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, the District of Columbia. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with a competent trailwide nonprofit organization and other affected land managing agencies. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the Federal Government solely for the American Discovery Trail. This trail is specifically exempted from the provisions of sections 7(e), 7(f), and 7(g).''. (c) Comprehensive National Discovery Trail Plan.--Section 5 of such Act (16 U.S.C. 1244) is further amended by adding at the end the following new subsection: ``(h) Within three complete fiscal years after the date of enactment of any law designating a national discovery trail, the administering Federal agency shall enter into arrangements with a competent trailwide nonprofit organization to submit a comprehensive plan for the protection, management, development, and use of the trail, to the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The Secretary shall ensure that the comprehensive plan does not conflict with any existing agency direction and that the nonprofit organization consults with affected land managing agencies, the Governors of the affected States, county and local political jurisdictions, and local organizations maintaining components of the trail. Mandatory components of the comprehensive plan include-- ``(1) specific objectives and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity of the trail and a plan for its implementation; ``(2) a trail protection plan to preserve the values for which the trail is being established and recognized by the Federal Government; ``(3) general and site-specific development plans including anticipated costs; and ``(4) the process to be followed by the nonprofit organization, in cooperation with the appropriate Secretary, to implement the trail marking authorities in section 7(c) conforming to approved trail logo or emblem requirements.''. SEC. 3. CONFORMING AMENDMENTS. The National Trails System Act is amended-- (1) in section 2(b) (16 U.S.C. 1241(b)), by striking ``scenic and historic'' and inserting ``scenic, historic, and discovery''; (2) in the section heading to section 5 (16 U.S.C. 1244), by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (3) in section 5(a) (16 U.S.C. 1244(a)), in the matter preceding paragraph (1)-- (A) by striking ``and national historic'' and inserting ``, national historic, and national discovery''; and (B) by striking ``and National Historic'' and inserting ``, National Historic, and National Discovery''; (4) in section 5(b) (16 U.S.C. 1244(b)), in the matter preceding paragraph (1), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; (6) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (7) in section 7(b) (16 U.S.C. 1246(b)), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (8) in section 7(c) (16 U.S.C. 1246(c))-- (A) by striking ``scenic or national historic'' each place it appears and inserting ``scenic, national historic, or national discovery''; (B) in the second proviso, by striking ``scenic, or national historic'' and inserting ``scenic, national historic, or national discovery''; and (C) by striking ``, and national historic'' and inserting ``, national historic, and national discovery''; (9) in section 7(d) (16 U.S.C. 1246(d)), by striking ``or national historic'' and inserting ``national historic, or national discovery''; (10) in section 7(e) (16 U.S.C. 1246(e)), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (11) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking ``National Scenic or Historic'' and inserting ``national scenic, historic, or discovery trail''; (12) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking ``or national historic'' and inserting ``national historic, or national discovery''; and (13) in section 7(i) (16 U.S.C. 1246(i)), by striking ``or national historic'' and inserting ``national historic, or national discovery''.", "summary": "National Discovery Trails Act of 1997 - Amends the National Trails System Act (the Act) to provide for the establishment, as components of the National Trails System, of national discovery trails which shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Prohibits a trail from being considered feasible and desirable for designation as a national discovery trail unless it: (1) links to one or more areas within the boundaries of a metropolitan area and joins with other trails, tying the National Trails System to significant recreation and resources areas; (2) is supported by a competent trailwide nonprofit organization and has extensive local and trailwide support by the public, user groups, and affected State and local governments; and (3) extends and passes through more than one State and, at a minimum, is a continuous, walkable route. Requires the appropriate Secretary for each national discovery trail to administer the trail in cooperation with a competent trailwide nonprofit organization. Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado. Requires the administering Federal agency, within three complete fiscal years after designation of a national discovery trail, to enter into arrangements with a competent trailwide nonprofit organization to submit to specified congressional committees a comprehensive plan for the protection, management, development, and use of the trail."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``FISA Court Reform Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Decision.--The term ``decision'' means a decision, order, or opinion issued by the FISA Court or the FISA Court of Review. (2) FISA.--The term ``FISA'' means the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (3) FISA court.--The term ``FISA Court'' means the court established under section 103(a) of FISA (50 U.S.C. 1803(a)). (4) FISA court of review.--The term ``FISA Court of Review'' means the court of review established under section 103(b) of FISA (50 U.S.C. 1803(b)). (5) Office.--The term ``Office'' mean the Office of the Special Advocate established under section (3)(a). (6) Significant construction or interpretation of law.--The term ``significant construction or interpretation of law'' means a significant construction or interpretation of a provision, as that term is construed under section 601(c) of FISA (50 U.S.C. 1871(c)). (7) Special advocate.--The term ``Special Advocate'' means the Special Advocate appointed under section 3(b). SEC. 3. OFFICE OF THE SPECIAL ADVOCATE. (a) Establishment.--There is established in the executive branch as an independent establishment, as defined in section 104 of title 5, United States Code, an Office of the Special Advocate. (b) Special Advocate.-- (1) In general.--The head of the Office is the Special Advocate. (2) Appointment and term.-- (A) Appointment.--The presiding judge of the FISA Court of Review shall appoint the Special Advocate from the list of candidates submitted under subparagraph (B). (B) List of candidates.--The Privacy and Civil Liberties Oversight Board shall submit to the presiding judge of the FISA Court of Review a list of not less than 5 qualified candidates to serve as Special Advocate. (C) Security clearance.--An individual may be appointed Special Advocate without regard to whether the individual possesses a security clearance on the date of the appointment. (D) Term and dismissal.--A Special Advocate shall be appointed for a term of 5 years and may be fired only for good cause shown, including the demonstrated inability to qualify for an adequate security clearance. (E) Reappointment.--There shall be no limit to the number of consecutive terms served by a Special Advocate. The reappointment of a Special Advocate shall be made in the same manner as appointment of a Special Advocate. (F) Acting special advocate.--If the position of Special Advocate is vacant, the presiding judge of the FISA Court of Review may appoint an Acting Special Advocate from among the qualified employees of the Office. If there are no such qualified employees, the presiding judge of the FISA Court of Review may appoint an Acting Special Advocate from the most recent list of candidates provided by the Privacy and Civil Liberties Oversight Board pursuant to subparagraph (B). The Acting Special Advocate shall have all of the powers of a Special Advocate and shall serve until a Special Advocate is appointed. (3) Employees.--The Special Advocate is authorized, without regard to the civil service laws and regulations, to appoint and terminate employees of the Office. (c) Security Clearances.--The appropriate departments, agencies, and elements of the executive branch shall cooperate with the Office, to the extent possible under existing procedures and requirements, to expeditiously provide the Special Advocate and appropriate employees of the Office with the security clearances necessary to carry out the duties of the Special Advocate. (d) Duties and Authorities of the Special Advocate.-- (1) In general.--The Special Advocate-- (A) shall review each application to the FISA Court by the Attorney General; (B) shall review each decision of the FISA Court or the FISA Court of Review issued after the date of the enactment of this Act and all documents and other material relevant to such decision in a complete, unredacted form; (C) shall participate in a proceeding before the FISA Court if appointed to participate by the FISA Court under section 4(a); (D) may request to participate in a proceeding before the FISA Court; (E) shall participate in such a proceeding if such request is granted; (F) may request reconsideration of a decision of the FISA Court under section 4(b); (G) may appeal or seek review of a decision of the FISA Court or the FISA Court of Review under section 5; and (H) shall participate in such appeal or review. (2) Advocacy.--The Special Advocate shall protect individual rights by vigorously advocating before the FISA Court or the FISA Court of Review, as appropriate, in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention. (3) Utilization of outside counsel.--The Special Advocate-- (A) may delegate to a competent outside counsel any duty or responsibility of the Special Advocate with respect to participation in a matter before the FISA Court, the FISA Court of Review, or the Supreme Court of the United States; and (B) may not delegate to outside counsel any duty or authority set out in subparagraph (A), (B), (D), (F), or (G) of paragraph (1). (4) Availability of documents and material.--The FISA Court or the FISA Court of Review, as appropriate, shall order any agency, department, or entity to make available to the Special Advocate, or appropriate outside counsel if utilized by the Special Advocate under paragraph (3), any documents or other material necessary to carry out the duties described in paragraph (1). SEC. 4. ADVOCACY BEFORE THE FISA COURT. (a) Appointment To Participate.-- (1) In general.--The FISA Court may appoint the Special Advocate to participate in a FISA Court proceeding. (2) Standing.--If the Special Advocate is appointed to participate in a FISA Court proceeding pursuant to paragraph (1), the Special Advocate shall have standing as a party before the FISA Court in that proceeding. (b) Reconsideration of a FISA Court Decision.-- (1) Authority to move for reconsideration.--The Special Advocate may move the FISA Court to reconsider any decision of the FISA Court made after the date of the enactment of this Act by petitioning the FISA Court not later than 30 days after the date on which all documents and materials relevant to the decision are made available to the Special Advocate. (2) Discretion of the fisa court.--The FISA Court shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph (1). (c) Amicus Curiae Participation.-- (1) Motion by the special advocate.--The Special Advocate may file a motion with the FISA Court to permit and facilitate participation of amicus curiae, including participation in oral argument if appropriate, in any proceeding. The FISA Court shall have the discretion to grant or deny such a motion. (2) Facilitation by the fisa court.--The FISA Court may, sua sponte, permit and facilitate participation by amicus curiae, including participation in oral argument if appropriate, in proceedings before the FISA Court. (3) Regulations.--Not later than 180 days after the date of the enactment of this Act, the FISA Court shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. SEC. 5. APPELLATE REVIEW. (a) Appeal of FISA Court Decisions.-- (1) Authority to appeal.--The Special Advocate may appeal any decision of the FISA Court issued after the date of the enactment of this Act not later than 90 days after the date the decision is issued, unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent handed down after such date of enactment. (2) Standing as appellant.--If the Special Advocate appeals a decision of the FISA Court pursuant to paragraph (1), the Special Advocate shall have standing as a party before the FISA Court of Review in such appeal. (3) Mandatory review.--The FISA Court of Review shall review any FISA Court decision appealed by the Special Advocate and issue a decision in such appeal. (4) Standard of review.--The standards for a mandatory review of a FISA Court decision pursuant to paragraph (3) shall be-- (A) de novo with respect to issues of law; and (B) clearly erroneous with respect to determination of facts. (5) Amicus curiae participation.-- (A) In general.--The FISA Court of Review shall accept amicus curiae briefs from interested parties in all mandatory reviews pursuant to paragraph (3) and shall provide for amicus participation in oral argument if appropriate. (B) Regulations.--Not later than 180 days after the date of the enactment of this Act, the FISA Court of Review shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. (b) Review of FISA Court of Review Decisions.-- (1) Authority.--The Special Advocate may seek a writ of certiorari from the Supreme Court of the United States for review of any decision of the FISA Court of Review. (2) Standing.--In any proceedings before the Supreme Court of the United States relating to a petition of certiorari filed under paragraph (1) and any proceedings in a matter for which certiorari is granted, the Special Advocate shall have standing as a party. SEC. 6. DISCLOSURE. (a) Requirement To Disclose.--The Attorney General shall publicly disclose-- (1) all decisions issued by the FISA Court or the FISA Court of Review after July 10, 2003, that include a significant construction or interpretation of law; (2) any decision of the FISA Court appealed by the Special Advocate pursuant to this Act; and (3) any FISA Court of Review decision that is issued after an appeal by the Special Advocate. (b) Disclosure Described.--For each disclosure required by subsection (a) with respect to a decision, the Attorney General shall make available to the public documents sufficient-- (1) to identify with particularity each legal question addressed by the decision and how such question was resolved; (2) to describe in general terms the context in which the matter arises; (3) to describe the construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and (4) to indicate whether the decision departed from any prior decision of the FISA Court or FISA Court of Review. (c) Documents Described.--The Attorney General shall satisfy the disclosure requirements in subsection (b) by-- (1) releasing a FISA Court or FISA Court of Review decision in its entirety or as redacted; (2) releasing a summary of a FISA Court or FISA Court of Review decision; or (3) releasing an application made to the FISA Court, briefs filed before the FISA Court or the FISA Court of Review, or other materials, in full or as redacted. (d) Extensive Disclosure.--The Attorney General shall release as much information regarding the facts and analysis contained in a decision described in subsection (a) or documents described in subsection (c) as is consistent with legitimate national security concerns. (e) Timing of Disclosure.-- (1) Decisions issued prior to enactment.--A decision issued prior to the date of the enactment of this Act that is required to be disclosed under subsection (a)(1) shall be disclosed not later than 180 days after the date of the enactment of this Act. (2) FISA court decisions.--The Attorney General shall release FISA Court decisions appealed by the Special Advocate not later than 30 days after the date the appeal is filed. (3) FISA court of review decisions.--The Attorney General shall release FISA Court of Review decisions appealed by the Special Advocate not later than 90 days after the date the appeal is filed. (f) Petition by the Special Advocate.-- (1) Authority to petition.--The Special Advocate may petition the FISA Court or FISA Court of Review to order-- (A) the public disclosure of a decision of such a Court, and documents or other material relevant to such a decision, previously designated as classified information; or (B) the release of an unclassified summary of such decisions and documents. (2) Contents of petition.--Each petition filed under paragraph (1) shall contain a detailed declassification proposal or a summary of the decision and documents that the Special Advocate proposes to have released publicly. (3) Role of the attorney general.-- (A) Copy of petition.--The Special Advocate shall provide to the Attorney General a copy of each petition filed under paragraph (1). (B) Opposition.--The Attorney General may oppose a petition filed under paragraph (1) by submitting any objections in writing to the FISA Court or the FISA Court of Review, as appropriate, not later than 90 days after the date such petition was submitted. (4) Public availability.--Not less than 91 days after receiving a petition under paragraph (1), and taking into account any objections from the Attorney General made under paragraph (3)(B), the FISA Court or FISA Court of Review, as appropriate, shall declassify and make readily available to the public any decision, document, or other material requested in such petition, if such decision, document, or other material pertain to a decision that contains a significant construction or interpretation of law, to the greatest extent possible, consistent with legitimate national security considerations. (5) Effective date.--The Special Advocate may not file a petition under paragraph (1) until 181 days after the date of the enactment of this Act, except with respect to a decision appealed by the Special Advocate. SEC. 7. ANNUAL REPORT TO CONGRESS. (a) Requirement for Annual Report.--The Special Advocate shall submit to Congress an annual report on the implementation of this Act. (b) Contents.--Each annual report submitted under subsection (a) shall-- (1) detail the activities of the Office; (2) provide an assessment of the effectiveness of this Act; and (3) propose any new legislation to improve the functioning of the Office or the operation of the FISA Court or the FISA Court of Review. SEC. 8. PRESERVATION OF RIGHTS. Nothing in this Act shall be construed-- (1) to provide the Attorney General with authority to prevent the FISA Court or FISA Court of Review from declassifying decisions or releasing information pursuant to this Act; and (2) to eliminate the public's ability to secure information under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act'') or any other provision of law.", "summary": "FISA Court Reform Act of 2013 - Establishes as an independent establishment in the executive branch an Office of the Special Advocate to protect individual rights by advocating in cases before courts established by the Foreign Intelligence Surveillance Act of 1978 (FISA) in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention. Directs the presiding judge of the FISA Court of Review to appoint a Special Advocate to serve as the head of such Office from a list of candidates submitted by the Privacy and Civil Liberties Oversight Board. Requires the Special Advocate to: (1) review each application to the FISA Court by the Attorney General and each decision of the FISA Court or the FISA Court of Review, and (2) participate in proceedings before the FISA Court when appointed to participate by such Court. Permits the Special Advocate to request to participate in such proceedings, request reconsideration of FISA Court decisions, and appeal or seek review of FISA Court or FISA Court of Review decisions. Directs such Courts to promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. Authorizes the Special Advocate to seek a writ of certiorari from the Supreme Court for review of any decision of the FISA Court of Review. Requires the Attorney General to publicly disclose: (1) all decisions issued by the FISA Court or the FISA Court of Review after July 10, 2003, that include a significant construction or interpretation of law, (2) any decision of the FISA Court appealed by the Special Advocate, and (3) any FISA Court of Review decision issued after an appeal by the Special Advocate. Provides for the release of as much information regarding the facts and analysis in such decisions as is consistent with legitimate national security concerns. Permits the Special Advocate to petition the FISA Court or FISA Court of Review for the public disclosure of decisions and related documents previously designated as classified or for the release of an unclassified summary of such materials."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Benefits Network Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS GRANTS FOR ESTABLISHING COORDINATED NETWORKS OF SERVICES AND RESOURCES FOR VETERANS AND THEIR FAMILIES. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 533. Grants for establishing coordinated networks of services and resources for veterans and their families ``(a) In General.--The Secretary may make a grant to an eligible entity for the purpose of establishing or expanding a regional technology system to provide an active database and enrollment system that can be used by a coordinated network of private, public, and non- profit entities to assist veterans and their family members in applying for benefits and services offered by such entities that participate in the network. ``(b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be a State or local government, a regional council of governments, or a private entity; and ``(2) submit to the Secretary an application containing-- ``(A) a description of the credentialing system the entity intends to use to determine which service providers will be eligible for inclusion in the network established using the grant that ensures such providers meet the requirements under subsection (c)(3); and ``(B) such other information and assurances as the Secretary may require. ``(c) Use of Funds.-- ``(1) In general.--The recipient of a grant under this section shall use the grant to establish a coordinated network of private, public, and nonprofit services and resources, as described in paragraph (2), for veterans and their families designed to-- ``(A) facilitate awareness and understanding of benefits that are available to members of the Armed Forces, veterans, and their family members who are eligible for benefits; ``(B) use best practices to maximize outreach to veterans and family members who are eligible for benefits; and ``(C) have the capacity to be replicated at other locations or regional networks. ``(2) Services and resources.--The services and resources included in the networks established using grants under this section may include-- ``(A) education; ``(B) employment; ``(C) family support and recreation; ``(D) health care; ``(E) mental health and behavioral counseling; ``(F) substance abuse counseling; ``(G) housing; ``(H) financial assistance; ``(I) legal assistance; ``(J) public benefit support; ``(K) benefits under the laws administered by the Secretary; and ``(L) such other services and resources as the Secretary determines appropriate. ``(3) Criteria for service providers.--In order to be eligible for inclusion in a network established using a grant under this section, a service provider shall-- ``(A) demonstrate the capacity, experience, and expertise required to participate in the network; and ``(B) enter into an agreement with the entity that receives the grant that ensures that the provider will not-- ``(i) input the personal information of a veteran or veteran's family member into the coordinated network without receiving the informed consent and authorization of the veteran or family member; or ``(ii) use such personal information in any manner or for any purpose other than the performance of the services in compliance with the coordinated network. ``(d) Priority in Awarding Grants.--In awarding grants under this section, the Secretary shall give priority to an eligible entity that provides services to individuals residing in a geographic area where a large number of veterans and members of the Armed Forces reside, as determined by the Secretary. ``(e) Deadline for Use of Funds.--The Secretary shall provide, as a condition of awarding a grant under this section to an eligible entity, that the eligible entity must use the grant before the expiration of the two-year period that begins on the date on which the eligible entity receives the grant. If a grant recipient has not used the grant before the expiration of such period, the Secretary may recover from the eligible entity the unused amount of the grant funds. ``(f) Cost-Sharing.--As a condition on the provision of funds under this section to an eligible entity, the eligible entity must agree to contribute an amount, derived from non-Federal sources, equal to at least 50 percent of the funds provided by the Secretary of Veterans Affairs to the eligible entity under this section. ``(g) Availability of Funds.--The Secretary shall use amounts otherwise made available for the Veterans Benefits Administration to make grants under this section. ``(h) Outreach.--The Secretary shall use the authority of the Secretary to advertise in the national media under section 532 of this title to inform veterans, members of the Armed Forces, and their families about the networks established using grants under this section. ``(i) Report to Congress.--The Secretary shall submit to Congress an annual report on the administration of the grant program under this section. Each such report shall include a description of how grant recipients used funds awarded under this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 532 the following new item: ``533. Grants for establishing coordinated networks of services and resources for veterans and their families.''.", "summary": "Veterans Benefits Network Act This bill authorizes the Department of Veterans Affairs to make a grant to an eligible entity to establish or expand a regional technology system to provide an active database and enrollment system that can be used by a network of private, public, and non-profit entities to assist veterans and their family members in applying for benefits and services offered by such entities."}
{"article": "SECTION 1. PROCEDURES ON DEFAULT OF HOUSING LOANS. (a) In General.--Paragraph (2) of section 3732(a) of title 38, United States Code, is amended to read as follows: ``(2)(A) Before suit or foreclosure the holder of the obligation shall notify the Secretary of the default. Before the holder carries out a liquidation sale of real property securing a defaulted loan, the Secretary within 60 days after notification of default may, at the Secretary's option, pay the holder of the obligation the unpaid balance of the obligation plus accrued interest and reimburse the holder for such advances, costs, and attorney fees as the Secretary finds were properly and reasonably incurred in connection with the default and receive an assignment of the loan and security. Nothing in this section shall preclude any forebearance for the benefit of the mortgagor as may be agreed upon by the parties to the loan and approved by the Secretary. ``(B) Within 10 days after receiving a notice of default pursuant to paragraph (1) of this subsection, the Secretary shall notify the mortgagor that the Secretary may purchase the loan from the holder. The notification shall specify-- ``(i) that if the Secretary purchases the loan, the Secretary-- ``(I) has the authority to modify the loan instruments by temporarily or permanently lowering the interest rate or by extending or reamortizing the loan; and ``(II) may grant forbearance of interest or principal or both for a period of not more than 12 months; ``(ii) that if the mortgagor wants the Secretary to purchase the loan, the mortgagor must submit a written request to the Secretary within 20 days of receipt of the Secretary's notification; and ``(iii) the consequences to the mortgagor if the Secretary purchases the loan. ``(C) Upon receiving a request from the mortgagor to purchase the loan pursuant to subparagraph (B) of this paragraph, the Secretary, for the purpose of avoiding foreclosure, may purchase the loan in accordance with subparagraph (A). The Secretary shall purchase the loan from the holder of the obligation if-- ``(i) the default was caused by circumstances beyond the control of the mortgagor and rendered the mortgagor temporarily unable to correct a mortgage delinquency and to resume full mortgage payments; and ``(ii) it is determined that-- ``(I) the holder is unwilling to grant further forbearance; ``(II) the mortgagor desires to retain and occupy the property; ``(III) the mortgagor has maintained the property in good condition or, if major repairs are required, such repairs are due to circumstances which were beyond the mortgagor's control; ``(IV) the estimated net value of the property exceeds the unguaranteed portion of the loan; and ``(V) there is a reasonable prospect that the mortgagor will be able to resume mortgage payments within 12 months after the Secretary purchases the loan. ``(D) The Secretary may provide assistance, under such terms and conditions as the Secretary may provide, to a mortgagor whose loan has been purchased under the provisions of subparagraph (C) of this paragraph by-- ``(i) modifying the loan instruments to lower the interest rate or to extend or to reamortize the loan; and ``(ii) granting forbearance of interest or principal or both for a period of not more than 12 months. ``(E) If the Secretary decides not to purchase the loan-- ``(i) the Secretary shall notify the mortgagor of the decision and its basis within 30 days after receiving a written request from the mortgagor asking the Secretary to purchase the loan pursuant to subparagraph (C) of this paragraph; and ``(ii) if the mortgagor is a veteran and used the veteran's entitlement under section 3702 to obtain the loan or substituted entitlement as described in section 3702(b)(2) to purchase real property securing a loan guaranteed under this chapter, notice under clause (i) shall include notice of the right of appeal. ``(F) The Secretary shall obtain and hold in safekeeping a quit claim deed from the mortgagor to the Secretary for the real property securing the loan after the loan is purchased from the loan holder and before the Secretary makes any modification to the loan instruments or grants any forbearance. If the mortgagor brings the loan current and keeps the loan current for 12 consecutive months, the unrecorded quit claim deed shall be returned to the mortgagor. If, exclusive of any period of forbearance, the loan becomes 6 months delinquent, the Secretary may record the quit claim deed and acquire the property securing the loan without incurring substantial delays and foreclosure expenses. Nothing in this section shall preclude the Secretary from initiating foreclosure before the loan becomes 6 months delinquent if the Secretary believes it is in the best interest of the United States to do so. ``(G) For the purposes of sections 3720(e) and (h), loans purchased pursuant to subparagraph (C) that are not in default and that have not been in default for at least 12 consecutive months shall be included in pools of mortgage loans with respect to which certificates or other securities are issued or guaranteed.''. (b) Personnel.--Section 3732(a)(4) of title 38, United States Code, is amended-- (1) by striking out subparagraph (B); and (2) in paragraph (4) (as amended by paragraph (1) of this subsection), by striking out ``(A)''; (3) in paragraph (4) (as amended by paragraph (2) of this subsection)-- (A) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (B) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively. (c) Extension of Procedure for Liquidation Sales.--Subsection (c) section 3732(c) of title 38, United States Code, is amended by striking out paragraph (11). (d) Effective Date.--The amendments made by subsection (a) shall apply to any housing loan guaranteed under chapter 37 of title 38, United States Code, with respect to which the Secretary of Veterans Affairs receives notice of default after the date of enactment of this Act.", "summary": "Revises provisions with respect to the loan default procedure for veterans' housing loans guaranteed by the Department of Veterans Affairs. Authorizes the Secretary of Veterans Affairs to reimburse the holder of the loan obligation for such advances, costs, and attorney's fees properly and reasonably incurrred in connection with the default and to receive an assignment of the loan and security. Directs the Secretary to notify the mortgagor, within ten days after receiving a notice of default from the veteran, that the Secretary may purchase the loan from the holder. Outlines notification and loan purchase requirements. Directs the Secretary to obtain and hold a quitclaim deed from the mortgagor to the Secretary for the real property securing the loan after the loan is purchased from the loan holder and before the Secretary makes any modifications to the loan instruments or grants any forbearance. Allows such unrecorded quitclaim deed to be returned to the mortgagor if the mortgagor brings the loan current and keeps it current for 12 consecutive months. Makes permanent all such loan default procedures (currently terminated as of December 31, 1992)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Homelessness Act of 2016''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) although the United States has experienced a reduction in veteran homelessness after a surge of new Federal funding targeted to homeless veterans starting in fiscal year 2008, major progress towards the national goals for ending homelessness in our Nation has virtually stalled in the absence of increased funding; (2) according to the Department of Housing and Urban Development's 2015 point-in-time count, there were 564,708 people experiencing homelessness in the United States on any given night, including 83,170 chronically homeless individuals; (3) between 2014 and 2015, homelessness among major city Continuum of Care programs, which account for 48 percent of all homeless people in the U.S., increased by 3 percent; (4) homelessness in many major cities has reached crisis proportions and some cities have declared that homelessness has reached a state of emergency; and (5) the Federal Government must renew its commitment to the national goals to end homelessness. SEC. 3. EMERGENCY RELIEF FUNDING. Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq) is amended-- (1) by redesignating section 491 (42 U.S.C. 11408; relating to rural housing stability grant program) as section 441; (2) by redesignating section 592 (42 U.S.C. 11408a; relating to use of FMHA inventory for transitional housing for homeless persons and for turnkey housing) as section 442; and (3) by adding at the end the following new subtitle: ``Subtitle E--5-Year Path To End Homelessness ``SEC. 451. EMERGENCY RELIEF FUNDING. ``(a) Direct Appropriations.--There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2017 through 2021, $1,000,000,000, to remain available until expended, for emergency relief grants under this section to address the unmet needs of homeless populations in jurisdictions with the highest need. ``(b) Formula Grants.-- ``(1) Allocation.--Amounts appropriated under subsection (a) for a fiscal year shall be allocated among collaborative applicants that comply with section 402, in accordance with the funding formula established under paragraph (2) of this subsection. ``(2) Formula.--The Secretary shall, in consultation with the United States Interagency Council on Homeless, establish a formula for allocating grant amounts under this section to address the unmet needs of homeless populations in jurisdictions with the highest need, using the best currently available data that targets need based on key structural determinants of homelessness in the geographic area represented by a collaborative applicant, which shall include data providing accurate counts of-- ``(A) the poverty rate in the geographic area represented by the collaborative applicant; ``(B) shortages of affordable housing for low-, very low-, and extremely low-income households in the geographic area represented by the collaborative applicant; ``(C) the number of overcrowded housing units in the geographic area represented by the collaborative applicant; ``(D) the number of unsheltered homeless individuals and the number of chronically homeless individuals; and ``(E) any other factors that the Secretary considers appropriate. ``(3) Grants.--For each fiscal year for which amounts are made available under subsection (a), the Secretary shall make a grant to each collaborative applicant for which an amount is allocated pursuant to application of the formula established pursuant to paragraph (2) of this subsection in an amount that is equal to the formula amount determined for such collaborative applicant. ``(4) Timing.-- ``(A) Formula to be devised swiftly.--The funding formula required under paragraph (2) shall be established not later than 60 days after the date of enactment of this section. ``(B) Distribution.--Amounts appropriated or otherwise made available under this section shall be distributed according to the funding formula established pursuant to paragraph (2) not later than 30 days after the establishment of such formula. ``(c) Use of Grants.-- ``(1) In general.--Subject to paragraphs (2) through (4), a collaborative applicant that receives a grant under this section may use such grant amounts only for eligible activities under section 415, 423, or 441(b). ``(2) Permanent supportive housing requirement.-- ``(A) Requirement.--Except as provided in subparagraph (B), each collaborative applicant that receives a grant under this section shall use not less than 75 percent of such grant amount for permanent supportive housing, including capital costs, rental subsidies, and services. ``(B) Exemption.--The Secretary shall exempt a collaborative applicant from the applicability of the requirement under subparagraph (A) if the applicant demonstrates, in accordance with such standards and procedures as the Secretary shall establish, that-- ``(i) chronic homelessness has been functionally eliminated in the geographic area served by the applicant; or ``(ii) the permanent supportive housing under development in the geographic area served by the applicant is sufficient to functionally eliminate chronic homelessness once such units are available for occupancy. The Secretary shall consider and make a determination regarding each request for an exemption under this subparagraph not later than 60 days after receipt of such request. ``(3) Limitation on use for administrative expenses.--Not more than 5 percent of the total amount of any grant under this section to a collaborative applicant may be used for costs of administration. ``(4) Housing first requirement.--The Secretary shall ensure that each collaborative applicant that receives a grant under this section is implementing, to the extent possible, and will use such grant amounts in accordance with, a Housing First model for assistance for homeless persons. ``(d) Renewal Funding.--Expiring contracts for leasing, rental assistance, or permanent housing shall be treated, for purposes of section 429, as expiring contracts referred to in subsection (a) of such section. ``(e) Reporting to Congress.-- ``(1) Initial report.--Not later than September 1, 2016, the Secretary and the United States Interagency Council on Homelessness shall submit a report to the Committees on Financial Services and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate describing the design and implementation of the grant program under this section, which shall include the formula required by subsection (b)(2). ``(2) Semiannual status reports.-- ``(A) Reports to congress.--The Secretary and the United States Interagency Council on Homelessness shall submit reports to the Committees specified in paragraph (1) semiannually describing the operation of the grant program under this section during the preceding 6 months, including identification of the grants made and a description of the activities funded with grant amounts. ``(B) Collection of information by secretary.--The Secretary shall require each collaborative applicant that receives a grant under this section to submit such information to the Secretary as may be necessary for the Secretary to comply with the reporting requirement under subparagraph (A). ``SEC. 452. SPECIAL PURPOSE VOUCHERS. ``(a) Direct Appropriation.--There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2017 through 2021, $500,000,000, to remain available until expended, which shall be used as follows: ``(1) Rental assistance.--Except as provided in paragraph (2), such amount shall be used for incremental assistance for rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for persons and households who are homeless (as such term is defined in section 103 (42 U.S.C. 11302)), which assistance shall be in addition to such assistance provided pursuant to renewal of expiring contracts for such assistance. ``(2) Administrative fees.--The Secretary may use not more than 10 percent of such amounts provided for each fiscal year for administrative fees under 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)). The Secretary shall establish policies and procedures to provide such fees to the extent necessary to assist homeless persons and families on whose behalf rental assistance is provided to find and maintain suitable housing. ``(b) Allocation.--The Secretary shall make assistance provided under this section available to public housing agencies based on geographical need for such assistance by homeless persons and households, as identified by the Secretary, public housing agency administrative performance, and other factors as specified by the Secretary. ``(c) Availability.--Assistance made available under this section shall continue to remain available only for homeless persons and households upon turn-over. ``(d) Renewal Funding.--Renewal of expiring contracts for rental assistance provided under subsection (a) and for administrative fees under such subsection shall, to the extent provided in appropriation Acts, be funded under the section 8 tenant-based rental assistance account. ``(e) Waiver Authority.--Upon a finding by the Secretary that a waiver or alternative requirement pursuant to this subsection is necessary to ensure that homeless persons and households can obtain housing using rental assistance made available under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this section (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) that relates to screening of applicants for assistance, admission of applicants, and selection of tenants. The Secretary shall require public housing agencies receiving rental assistance funding made available under this section to take all reasonable actions to help assisted persons and families avoid subsequent homelessness. ``SEC. 453. OUTREACH FUNDING. ``(a) Direct Appropriation.--There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2017 through 2021, $100,000,000, to remain available until expended, to the Secretary for grants under this section to provide outreach and coordinate services for persons and households who are homeless or formerly homeless. ``(b) Grants.-- ``(1) In general.--The Secretary shall make grants under this section on a competitive basis only to collaborative applicants who comply with section 402. ``(2) Priority.--The competition for grants under this section shall provide priority to collaborative applicants who submit plans to make innovative and effective use of staff funded with grant amounts pursuant to subsection (c). ``(c) Use of Grants.--A collaborative applicant that receives a grant under this section may use such grant amounts only for providing case managers, social workers, or other staff who conduct outreach and coordinate services for persons and households who are homeless or formerly homeless. ``(d) Timing.-- ``(1) Criteria to be established swiftly.--The Secretary shall establish the criteria for the competition for grants under this section required under subsection (b) not later than 60 days after the date of enactment of this section. ``(2) Distribution.--Amounts appropriated or otherwise made available under this section shall be distributed according to the competition established by the Secretary pursuant to subsection (b) not later than 30 days after the establishment of such criteria.''. SEC. 4. HOUSING TRUST FUND. (a) Annual Funding.--There is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2017 and each fiscal year thereafter, $1,000,000,000, to remain available until expended, which shall be credited to the Housing Trust Fund established pursuant to section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) for use under such section. (b) Rental Assistance.--There is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2017 and each fiscal year thereafter, $50,000,000, to remain available until expended, for incremental project-based voucher assistance or project- based rental assistance, to be allocated to States pursuant to the formula established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568), to be used solely in conjunction with grant funds awarded under such section 1338. (c) Tenant Rent Contribution.-- (1) Limitation.--Subparagraph (A) of section 1338(c)(7) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568(c)(7)(A)) is amended-- (A) by striking ``except that not less than 75 percent'' and inserting the following: ``except that-- ``(i) not less than 75 percent''; (B) by adding at the end the following new clause: ``(ii) notwithstanding any other provision of law, all rental housing dwelling units shall be subject to legally binding commitments that ensure that the contribution toward rent by a family residing in the dwelling unit shall not exceed 30 percent of the adjusted income (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))) of such family; and''. (2) Regulations.--The Secretary of Housing and Urban Development shall issue regulations to implement section 1338(c)(7)(A)(ii) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as added by the amendment made by paragraph (1)(B) of this section, not later than the expiration of the 90-day period beginning on the date of the enactment of this Act. SEC. 5. TECHNICAL ASSISTANCE FUNDS TO HELP STATES AND LOCAL ORGANIZATIONS ALIGN HEALTH AND HOUSING SYSTEMS. (a) Funding.--There is hereby made available to the Secretary of Housing and Urban Development $20,000,000, to remain available until expended, for providing technical assistance under section 405 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361(b)) in connection with expanding the Healthcare and Housing (H2) Systems Integration Initiative of the Secretary of Housing and Urban Development, in collaboration with the United States Interagency Council on Homelessness and the Secretary of Health and Human Services. (b) Use.--In expanding the Initiative referred to in subsection (a), the Secretary shall seek to-- (1) assist States and localities in integrating and aligning policies and funding between Medicaid programs, behavioral health providers, and housing providers to create supportive housing opportunities; and (2) engages State Medicaid program directors, Governors, State housing and homelessness agencies, any other relevant State offices, and any relevant local government entities, to assist States in increasing use of their Medicaid programs to finance supportive services for homeless persons. (c) Priority.--In using amounts made available under this section, the Secretary shall give priority to use for States and localities having the highest numbers of chronically homeless persons. SEC. 6. PERMANENT AUTHORIZATION OF APPROPRIATIONS FOR MCKINNEY-VENTO HOMELESS ASSISTANCE ACT GRANTS. Section 408 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11364) is amended to read as follows: ``SEC. 408. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title such sums as may be necessary for each fiscal year.''. SEC. 7. PERMANENT EXTENSION OF UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS. Section 209 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11319) is hereby repealed. SEC. 8. EMERGENCY DESIGNATION. (a) In General.--The amounts provided by this Act, and the amendments made by this Act, are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (b) Designation in Senate.--In the Senate, this Act and the amendments made by this Act are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.", "summary": "Ending Homelessness Act of 2016 This bill amends the McKinney-Vento Homeless Assistance Act to make additional FY2017-FY2021 appropriations available for: (1) emergency relief grants to address the unmet needs of homeless populations in jurisdictions with the highest need, (2) rental assistance under the United States Housing Act of 1937 for persons and households who are homeless, and (3) homeless outreach and coordination services. Beginning in FY2017, the bill also provides annual additional funds for: (1) the Housing Trust Fund to provide grants to states for use to increase homeownership and the supply of rental housing for extremely low- and very low-income families, including homeless families; and (2) incremental project-based voucher or rental assistance under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992. When the Department of Housing and Urban Development (HUD) allocates grants to states from the Housing Trust Fund for rental housing, the dwelling units must be subject to legally binding commitments to ensure that the residing family's contribution toward rent does not exceed 30% of the family's adjusted income. The bill provides funding to HUD to expand the Healthcare and Housing (H2) Systems Integration Initiative by assisting states and localities in coordinating policies among Medicaid programs, behavioral health providers, housing providers, and finance support services for homeless persons. The bill also makes permanent: (1) certain housing assistance programs under the Homeless Assistance Act, and (2) the U.S. Interagency Council on Homelessness."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Immunization Improvement Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) 90 percent of all children under the age of 2 receive at least one vaccination yet only 40 to 60 percent of these children receive a complete set of vaccinations; (2) the low immunization rate for children stems from inadequate immunization delivery systems and a lack of public education concerning the risks related to the nonimmunization of children; and (3) government health care programs must coordinate their activities in order to increase immunization rates. (b) Purpose.--It is the purpose of this Act to-- (1) assist the States in developing State systems to monitor the immunization status of children in order to ensure that these children are provided with the recommended number of vaccinations; (2) in cooperation with the States, improve the immunization delivery system and expand outreach and awareness efforts to ensure that every child under 2 years of age is properly immunized; (3) provide for increased coordination among Federal programs in order to improve immunization rates; (4) encourage increased coordination among Federal, State and private programs to improve immunization rates; and (5) make certain revisions with respect to the Vaccine Injury Compensation Program. SEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. (a) Improved Immunization.--Subtitle 2 of title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et seq.) is amended-- (1) by redesignating part D as part E; (2) by redesignating sections 2131 through 2134 as sections 2151 through 2154, respectively; and (3) by inserting after part C, the following new part: ``Part D--Improved Immunization Efforts ``SEC. 2131. VOLUNTARY STATE REGISTRY GRANT PROGRAM. ``(a) In General.--Not later than 1 year after the date of enactment of this part, the Secretary shall establish a program under which the Secretary may award grants to States to enable such States to develop and operate computerized State registries to collect, track and monitor immunization data with respect to children residing within such States as described in subsection (c). ``(b) Application.--To be eligible to receive a grant under subsection (a), a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include a plan to ensure that necessary immunization information is provided to the State registry. ``(c) Data.-- ``(1) Data set and standards.--The Secretary shall develop a minimum uniform data set and data standards applicable to State registries developed under this section, in order to allow compatibility between States. ``(2) Design.--A State immunization tracking and surveillance registry established under subsection (a) shall be designed to collect immunization information on each child residing within the State from the time that each such child is born, and track the immunization records of each such child as they grow older. The registry shall contain at least the following information with respect to each child residing within the State: ``(A) The name, address and date of birth of the child. ``(B) The complete immunization history of the child. ``(C) The type and lot numbers of each vaccine provided to the child. ``(D) The name and address of each health care provider providing a vaccination to the child. ``(E) Identifying data that is sufficient to enable the registry to locate the child for purposes of conducting immunization notification activities concerning the child. ``(F) Information designed to monitor the safety and effectiveness of vaccines by linking vaccine dosage information with adverse events reporting and disease outbreak patterns, including events reported by petitioners under parts A or B. ``(d) Technical Assistance.--The Secretary shall provide technical assistance to States for the development of State registries under this section. ``(e) Reporting.--Each State that receives a grant under this section shall annually prepare and submit to the Secretary a report concerning the progress made by the State in operating a State registry under the grant. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $150,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1995 through 1999. ``SEC. 2132. IMPROVED IMMUNIZATION DELIVERY, OUTREACH AND EDUCATION. ``(a) Required Activities.--The Secretary, acting through the Centers for Disease Control and Prevention and in conjunction with State health officials and other appropriate public and private organizations, shall conduct the following activities to improve Federal, State and local vaccines delivery systems and immunization outreach and education efforts: ``(1) Immunization educational materials for providers.-- Not later than 1 year after the date of enactment of this part, the Secretary, in conjunction with State health officials and other appropriate public and private organizations, shall develop and disseminate standard immunization educational materials for providers, including-- ``(A) a list of basic recommended vaccines and the schedules for immunizing children with such vaccines; ``(B) recommended criteria for the administration of vaccines; ``(C) recommended criteria for determining when vaccines should not be administered; ``(D) recommended criteria for the screening of children prior to immunization; ``(E) informed consent materials consistent with those required under section 2126(c); and ``(F) any other information determined appropriate by the Secretary. ``(2) National public awareness campaign.-- ``(A) In general.--The Secretary, in conjunction with State health officials and other appropriate public and private organizations, shall develop and implement a National Immunization Public Awareness Campaign to assist parents (through bilingual means if necessary) of children under the age of 2 years, and expectant parents, in obtaining knowledge concerning the importance of having their children immunized and in identifying the vaccines, schedules for immunization, and vaccine provider locations, appropriate with respect to their children. ``(B) Implementation.--In implementing the Campaign under subparagraph (A), the Secretary shall ensure that-- ``(i) new and innovative methods are developed and utilized to publicly advertise the need to have children immunized in a timely manner; ``(ii) print, radio and television media are utilized to convey immunization information to the public; and ``(iii) with respect to immunization information, efforts are made to target pregnant women and the parents of children under the age of 2. ``(3) Interagency committee on immunization.--The Secretary, in conjunction with the Secretary of Agriculture, the Secretary of Housing and Urban Development, and the Secretary of Education, shall carry out activities through the Interagency Committee on Immunization to incorporate immunization status assessments and referral services as an integral part of the process by which individuals apply for assistance under-- ``(A) the food stamp program under the Food Stamp Act of 1977; ``(B) section 17 of the Child Nutrition Act of 1966; ``(C) the Head Start Act; ``(D) part A of title IV of the Social Security Act; ``(E) title XIX of the Social Security Act; ``(F) any of the housing assistance laws of the United States; and ``(G) other programs determined appropriate by any of the Secretaries described in this paragraph. ``(4) Outreach activities.--The Secretary shall conduct immunization outreach activities, including-- ``(A) conducting research concerning alternative delivery systems (such as mobile immunization clinics); ``(B) utilization of National Health Service Corps members and other measures to conduct immunization outreach activities in medically underserved areas and for medically underserved populations; ``(C) conducting research concerning the implementation of innovative methods to-- ``(i) contact parents or legal guardians concerning their children's immunization status; ``(ii) refer such parents or legal guardians to immunization providers; and ``(iii) conduct follow-up activities concerning the immunization status of children affected by the activities conducted under this subparagraph; ``(D) the coordination of vaccine outreach and education activities with other Federal, State and local programs to encourage parents to have their children immunized; and ``(E) any other activities determined appropriate by the Secretary. ``(b) Immunization Action Plans.-- ``(1) Grants.-- ``(A) In general.--The Secretary may award grants to States to enable such State to develop, revise and implement immunization action plans as described in paragraph (2). ``(B) Application.--To be eligible to receive a grant under subparagraph (A), a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Design.--A State immunization action plan shall be designed to improve immunization delivery, outreach, education and coordination within the State. Such plan shall provide for the creation of-- ``(A) a vaccine provider education campaign under which standard immunization criteria developed under subsection (a)(1), and any other materials determined to be appropriate by State health officials, will be distributed to immunization providers-- ``(i) to enable such providers to make the best use of vaccination opportunities; and ``(ii) to educate such providers concerning their obligation to report immunization information with respect to their patients to State registries; ``(B) expanded immunization delivery through-- ``(i) increasing the number or type of facilities through which vaccines may be made available; ``(ii) developing alternative methods of delivering vaccines, such as mobile health clinics or through programs of the type described in subsection (a)(5); or ``(iii) increasing the number of hours during which vaccines are made available by providers within the State; except that, the Secretary may waive the requirements of this subparagraph if the Secretary determines that State immunization delivery efforts are sufficient; ``(C) population-based assessment criteria through which the State is able to assess the effectiveness of immunization activities in the State; ``(D) a public awareness campaign, in conjunction with the National Campaign established under subsection (a)(2), to provide parents with information concerning the types and schedules for the administration of vaccines, and the locations of vaccines providers; ``(E) coordination of outreach activities with other public or private health programs to encourage parents to have their children immunized; and ``(F) significant collaboration with private entities in achieving the goals of the plan. ``(3) Immunization action plan approval.-- ``(A) Goals.--As part of the immunization action plan of a State, the State shall establish immunization rate goals for children residing within the State. ``(B) Approval.--The immunization action plan developed by a State under this subsection shall be submitted to the Secretary for approval prior to the distribution of grant funds to the States under this subsection. The Secretary shall periodically review the progress that the State has made under such plan in achieving the goals established under subparagraph (A). ``(C) Reporting.--A State shall annually prepare and submit to the Director of the Centers for Disease Control and Prevention a report concerning the implementation of the State immunization action plan. If the Director or the Secretary, in reviewing the reports submitted under this subparagraph determine that the State has not made sufficient progress towards achieving the goals established under subparagraph (A), the Secretary may reduce the State's grant funds. ``SEC. 2133. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out 2132(b), $200,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1999.''. (b) Simplification of Informed Consent Materials.--Section 2126(c) of the Public Health Service Act (42 U.S.C. 300aa-26(c)) is amended-- (A) in the matter preceding paragraph (1), by inserting ``shall be based on available data and information,'' after ``such materials''; and (B) by striking out ``include--'' and all that follows through the paragraph (10) and inserting in lieu thereof ``include a concise description of the benefits and the risks of the vaccines and a statement of the availability of the National Vaccine Injury Compensation Fund.''.", "summary": "National Immunization Improvement Act of 1993 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a program to award grants to States for the development and operation of computerized State registries to collect, track, and monitor immunization data with respect to children. Authorizes appropriations. Requires the Secretary to conduct specified activities to improve Federal, State, and local vaccine delivery systems and immunization outreach and education efforts. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Sea Otter Recovery and Research Act''. SEC. 2. SOUTHERN SEA OTTER RECOVERY AND RESEARCH PROGRAM. (a) In General.--The Secretary of the Interior, acting through the United States Fish and Wildlife Service and the United States Geological Survey, shall carry out a recovery and research program for southern sea otter populations along the coast of California, informed by the prioritized research recommendations of the Final Revised Recovery Plan for the southern sea otter (Enhydra lutris nereis) published by the United States Fish and Wildlife Service and dated February 24, 2003, the Research Plan for California Sea Otter Recovery issued by the United States Fish and Wildlife Service Southern Sea Otter Recovery Implementation Team and dated March 2, 2007, and any other recovery, research, or conservation plan adopted by the United States Fish and Wildlife Service after the date of enactment of this Act in accordance with otherwise applicable law. The Recovery and Research Program shall include the following: (1) Monitoring, analysis, and assessment of southern sea otter population demographics, health, causes of mortality, and life history parameters, including range-wide population surveys. (2) Development and implementation of measures to reduce or eliminate potential factors limiting southern sea otter populations that are related to marine ecosystem health or human activities. (b) Reappointment of Recovery Implementation Team.--Not later than one year after the date of enactment of this Act, the Secretary shall appoint persons to a southern sea otter recovery implementation team as authorized under section 4(f)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)(2)). (c) Southern Sea Otter Research and Recovery Grants.-- (1) Grant authority.--The Secretary shall establish a peer- reviewed, merit-based process to award competitive grants for research regarding southern sea otters and for projects assisting the recovery of southern sea otter populations. (2) Peer review panel.--The Secretary shall establish as necessary a peer review panel to provide scientific advice and guidance to prioritize proposals for grants under this subsection. (3) Research grant subjects.--Research funded with grants under this subsection shall be in accordance with the research recommendations of any plan referred to in subsection (a), and may include the following topics: (A) Causes of sea otter mortality. (B) Southern sea otter demographics and natural history. (C) Effects and sources of pollutants, nutrients, and toxicants on southern sea otters and sequestration of contaminants. (D) Effects and sources of infectious diseases and parasites affecting southern sea otters. (E) Limitations on the availability of food resources for southern sea otters and the impacts of food limitation on southern sea otter carrying capacity. (F) Interactions between southern sea otters and coastal fisheries and other human activities in the marine environment. (G) Assessment of the keystone ecological role of sea otters in southern and central California's coastal marine ecosystems, including both the direct and indirect effects of sea otter predation, especially as these effects influence human welfare, resource utilization, and ecosystem services. (H) Assessment of the adequacy of emergency response and contingency plans. (4) Recovery project subjects.--Recovery projects funded with grants under this subsection shall be conducted in accordance with recovery recommendations of any plan referred to in subsection (a), and may include projects to-- (A) protect and recover southern sea otters; (B) reduce, mitigate, or eliminate potential factors limiting southern sea otter populations that are related to human activities, including projects to-- (i) reduce, mitigate, or eliminate factors contributing to mortality, adversely affecting health, or restricting distribution and abundance; and (ii) reduce, mitigate, or eliminate factors that harm or reduce the quality of southern sea otter habitat or the health of coastal marine ecosystems; and (C) implement emergency response and contingency plans. (d) Report.--The Secretary shall-- (1) within 12 months after the date of enactment of this Act, report to Congress on-- (A) the status of southern sea otter populations; (B) implementation of the Recovery and Research Program and the grant program; and (C) any relevant formal consultations conducted under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) with respect to the southern sea otter; and (2) within 24 months after the date of enactment of this Act and every 5 years thereafter, and in consultation with a southern sea otter recovery implementation team (if any) that is otherwise being utilized by the Secretary under section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)), report to Congress and the public on-- (A) an evaluation of southern sea otter health, causes of southern sea otter mortality, and the interactions of southern sea otters with California's coastal marine ecosystems; (B) an evaluation of actions taken to improve southern sea otter health, reduce southern sea otter mortality, and improve southern sea otter habitat; (C) recommendation for actions, pursuant to current law, to improve southern sea otter health, reduce the occurrence of human-related mortality, and improve the health of such coastal marine ecosystems; and (D) recommendations for funding to carry out this Act. SEC. 3. DEFINITIONS. In this Act: (1) Recovery and research program.--The term ``Recovery and Research Program'' means the recovery and research program under section 2(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the United States Fish and Wildlife Service and the United States Geological Survey. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary to carry out this Act $5,000,000 for each of fiscal years 2010 through 2015 of which-- (1) no less than 30 percent shall be for research grants under section 2(c)(3); and (2) no less than 30 percent shall be for recovery projects under section 2(c)(4). (b) Administrative Expenses.--Of amounts available each fiscal year to carry out this Act, the Secretary may expend not more than 7 percent to pay the administrative expenses necessary to carry out this Act. SEC. 5. TERMINATION. This Act shall have no force or effect on and after the date the Secretary (as that term is used in section 4(c)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(2)) publishes a determination that the southern sea otter should be removed from the lists published under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)). Passed the House of Representatives July 28, 2009. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Southern Sea Otter Recovery and Research Act - (Sec. 2) Requires the Secretary of the Interior, acting through the United States Fish and Wildlife Service (USFWS) and the United States Geological Survey (USGS), to carry out a Recovery and Research Program for southern sea otter populations along the coast of California that includes: (1) monitoring, analysis, and assessment of population demographics, health, mortality, and life history parameters; and (2) implementation of measures to reduce or eliminate potential factors limiting populations that are related to marine ecosystem health or human activities. Requires the Secretary to: (1) appoint persons to a southern sea otter recovery implementation team as authorized under the Endangered Species Act of 1973 within a year; (2) establish a peer-reviewed, merit-based process to award competitive grants for research regarding such otters and for projects assisting the recovery of otter populations; and (3) establish a peer review panel to provide scientific advice and guidance to prioritize proposals for grants. Authorizes research grant topics to include: (1) causes of sea otter mortality; (2) southern sea otter demographics and natural history; (3) effects and sources of pollutants, nutrients, and toxicants on such otters and sequestration of contaminants; (4) effects and sources of infectious diseases and parasites affecting such otters; (5) limitations on the availability of food resources for such otters and the impacts of food limitation on southern sea otter carrying capacity; (6) interactions between southern sea otters and coastal fisheries and other human activities in the marine environment; (7) assessment of the keystone ecological role of sea otters in southern and central California's coastal marine ecosystems; and (8) assessment of the adequacy of emergency response and contingency plans. Authorizes funded recovery projects to include projects to: (1) protect and recover southern sea otters; (2) reduce, mitigate, or eliminate potential factors limiting southern sea otter populations that are related to human activities; and (3) implement emergency response and contingency plans. Requires the Secretary, within 12 months, to report to Congress on: (1) the status of southern sea otter populations; (2) implementation of the research and grant programs; and (3) endangered species consultations regarding southern sea otters. Requires the Secretary, within 24 months and every five years thereafter, to report to Congress and the public on: (1) an evaluation of southern sea otter health, causes of southern sea otter mortality, and the interactions of southern sea otters with California's coastal marine ecosystems; (2) an evaluation of actions taken to improve otter health, reduce mortality, and improve southern sea otter habitat; (3) recommendation for actions to improve otter health, reduce the occurrence of human-related mortality, and improve the health of such coastal marine ecosystems; and (4) recommendations for funding to implement this Act. (Sec. 4) Authorizes appropriations for each of FY2010-FY2015. (Sec. 5) Terminates this Act on the date the Secretary publishes a determination that the southern sea otter should be removed from the endangered species and threatened species lists."}
{"article": "SECTION 1. ALLOCATION OF NATIONAL LIMITATION ON QUALIFIED SCHOOL CONSTRUCTION BONDS; APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH BONDS. (a) In General.--Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended-- (1) by redesignating sections 12004 through 12013 as sections 12101 through 12110, respectively; (2) by inserting before section 12101 (as so redesignated) the following: ``PART A--GRANTS FOR IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION FACILITIES''; and (3) by adding at the end the following: ``PART B--QUALIFIED SCHOOL CONSTRUCTION BONDS ``SEC. 12201. ALLOCATION WITH RESPECT TO QUALIFIED SCHOOL CONSTRUCTION BONDS. ``(a) Qualified School Construction Bond.-- ``(1) In general.--For purposes of this part, the term `qualified school construction bond' means any bond issued as part of an issue if-- ``(A) a taxpayer who holds the bond is allowed a credit under the Internal Revenue Code of 1986; ``(B) 95 percent or more of the proceeds of such issue are to be used for the construction, rehabilitation, or repair of a public school facility; ``(C) the bond is issued by a State or local government within the jurisdiction of which such school is located; and ``(D) the issuer designates such bond for purposes of this section and the Internal Revenue Code of 1986. ``(2) Temporary period exception.--A bond shall not be treated as failing to meet the requirement of paragraph (1)(B) solely by reason of the fact that the proceeds of the issue of which such bond is a part are invested for a reasonable temporary period (but not more than 36 months) until such proceeds are needed for the purpose for which such issue was issued. Any earnings on such proceeds during such period shall be treated as proceeds of the issue for purposes of applying paragraph (1)(B). ``(b) National Limitation on Amount of Bonds Designated.--In any case in which there is imposed a national limitation on the maximum aggregate face amount of bonds issued during any calendar year which may be designated as qualified school construction bonds, such limitation shall be allocated in accordance with this section. ``(c) One-Third of Limitation Allocated Among States.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated among the States under paragraph (2) by the Secretary. The limitation amount allocated to a State under the preceding sentence shall be allocated by the State educational agency to issuers within such State and such allocations may be made only if there is an approved State application. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among the States in proportion to the respective amounts each such State received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. For purposes of the preceding sentence, Basic Grants attributable to large local educational agencies (as defined in subsection (d)), and Basic Grants attributable to high-growth local educational agencies (as defined in subsection (e)), shall be disregarded. ``(3) Minimum allocations to states.-- ``(A) In general.--The Secretary shall adjust the allocations under this subsection for any calendar year for each State to the extent necessary to ensure that the sum of-- ``(i) the amount allocated to such State under this subsection for such year; and ``(ii) the aggregate amounts allocated under subsections (d) and (e) to local educational agencies in such State for such year; is not less than an amount equal to such State's minimum percentage of one-third of the national qualified school construction bond limitation referred to in subsection (b) for the calendar year. ``(B) Minimum percentage.--A State's minimum percentage for any calendar year is the minimum percentage described in section 1124(d) for such State for the most recent fiscal year ending before such calendar year. ``(4) Allocations to certain possessions.--The amount to be allocated under paragraph (1) to any possession of the United States (as such term is used in the Internal Revenue Code of 1986) other than Puerto Rico shall be the amount which would have been allocated if all allocations under paragraph (1) were made on the basis of respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). In making other allocations, the amount to be allocated under paragraph (1) shall be reduced by the aggregate amount allocated under this paragraph to possessions of the United States. ``(5) Approved state application.--For purposes of paragraph (1), the term `approved State application' means an application which is approved by the Secretary and which includes-- ``(A) the results of a recent publicly available survey (undertaken by the State with the involvement of local education officials, members of the public, and experts in school construction and management) of such State's needs for public school facilities, including descriptions of-- ``(i) health and safety problems at such facilities; ``(ii) the capacity of public schools in the State to house projected enrollments; and ``(iii) the extent to which the public schools in the State offer the physical infrastructure needed to provide a high-quality education to all students; and ``(B) a description of how the State will allocate to local educational agencies, or otherwise use, its allocation under this subsection to address the needs identified under subparagraph (A), including a description of how it will-- ``(i) give highest priority to localities with the greatest needs, as demonstrated by inadequate school facilities coupled with a low level of resources to meet those needs; ``(ii) use its allocation under this subsection to assist localities that lack the fiscal capacity to issue bonds on their own; and ``(iii) ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such allocation. Any allocation under paragraph (1) by a State education agency shall be binding if such agency reasonably determined that the allocation was in accordance with the plan approved under this paragraph. ``(d) One-Third of Limitation Allocated Among Largest School Districts.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are large local educational agencies for such year. No qualified school construction bond may be issued by reason of an allocation to a large local educational agency under the preceding sentence unless such agency has an approved local application. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among large local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. ``(3) Large local educational agency.--For purposes of this section, the term `large local educational agency' means, with respect to a calendar year, any local educational agency (other than a high-growth local educational agency, as defined in subsection (e)) if such agency is-- ``(A) among the 100 local educational agencies with the largest numbers of children aged 5 through 17 from families living below the poverty level, as determined by the Secretary using the most recent data available from the Department of Commerce that are satisfactory to the Secretary; or ``(B) 1 of not more than 25 local educational agencies (other than those described in clause (i)) that the Secretary determines (based on the most recent data available satisfactory to the Secretary) are in particular need of assistance, based on a low level of resources for school construction, a high level of enrollment growth, or such other factors as the Secretary deems appropriate. ``(4) Approved local application.--For purposes of paragraph (1), the term `approved local application' means an application which is approved by the Secretary and which includes-- ``(A) the results of a recent publicly-available survey (undertaken by the local educational agency with the involvement of school officials, members of the public, and experts in school construction and management) of such agency's needs for public school facilities, including descriptions of-- ``(i) the overall condition of the local educational agency's school facilities, including health and safety problems; ``(ii) the capacity of the agency's schools to house projected enrollments; and ``(iii) the extent to which the agency's schools offer the physical infrastructure needed to provide a high-quality education to all students; ``(B) a description of how the local educational agency will use its allocation under this subsection to address the needs identified under subparagraph (A); and ``(C) a description of how the local educational agency will ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, or repair in the locality that would have occurred in the absence of such allocation. A rule similar to the rule of the last sentence of subsection (c)(5) shall apply for purposes of this subsection. ``(e) One-Third of Limitation Allocated Among High-Growth School Districts.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are high-growth local educational agencies for such year. No qualified school construction bond may be issued by reason of an allocation to a high-growth local educational agency under the preceding sentence unless such agency has an approved local application (as defined in subsection (d)(4)). A rule similar to the rule of the last sentence of subsection (c)(5) shall apply for purposes of this subsection. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among high-growth local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. ``(3) High-growth local educational agency.--For purposes of this section, the term `high-growth local educational agency' means, with respect to a calendar year, any local educational agency if-- ``(A) there has been at least a 7.5 percent increase in such agency's enrollment during the 5-year period ending with the preceding calendar year; and ``(B) such enrollment increase exceeds 150 students. ``(f) Carryover of Unused Limitation.--If for any calendar year-- ``(1) the amount allocated under subsection (c) to any State; exceeds ``(2) the amount of bonds issued during such year which are designated as qualified school construction bonds pursuant to such allocation; the limitation amount under such subsection for such State for the following calendar year shall be increased by the amount of such excess. A similar rule shall apply to the amounts allocated under subsections (d) and (e). ``(g) Other Definitions.--For purposes of this section: ``(1) Local educational agency.--The term `local educational agency' has the meaning given to such term by section 14101. Such term includes the local educational agency that serves the District of Columbia but does not include any other State agency. ``(2) Bond.--The term `bond' includes any obligation. ``(3) Public school facility.--The term `public school facility' shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. ``SEC. 12202. APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH QUALIFIED SCHOOL CONSTRUCTION BONDS. ``The wage requirements of the Act of March 3, 1931 (40 U.S.C. 276a et seq.) (commonly referred to as the `Davis-Bacon Act') shall apply with respect to individuals employed on school construction, rehabilitation, or repair projects financed with the proceeds from an issuance of qualified school construction bonds.''. (b) Conforming Amendments.--Title XII of such Act is amended-- (1) in sections 12101 through 12110 (as so redesignated), by striking ``this title'' each place it appears and inserting ``this part''; (2) in section 12101(a)(1) (as so redesignated)-- (A) by striking ``section 12013'' and inserting ``section 12110''; (B) by striking ``section 12005'' and inserting ``section 12102''; and (C) by striking ``section 12007'' and inserting ``section 12104''; (3) in section 12101(a)(2) (as so redesignated), by striking ``section 12013'' and inserting ``section 12110''; and (4) in section 12109(3)(C) (as so redesignated), by striking ``section 12006'' and inserting ``section 12103''.", "summary": "Amends the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code. Applies the wage requirements of the Davis-Bacon Act to projects financed with such bonds."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Parent and Teacher Achievement Act of 2001''. SEC. 2. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY. (a) Amendments.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part E as part F; (2) by redesignating sections 2401 and 2402 as sections 2501 and 2502, respectively; and (3) by inserting after part D the following: ``PART E--STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY ``SEC. 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY. ``(a) State Awards.--From funds made available under subsection (b) for a fiscal year, the Secretary shall make an award to each State that-- ``(1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every 3 to 5 years; ``(2) has an elementary school and secondary school teacher compensation system that is based on merit; and ``(3) requires elementary school and secondary school teachers to earn continuing education credits as part of a State recertification process. ``(b) Available Funding.--Notwithstanding any other provision of law, the amount of funds that are available to carry out this section for a fiscal year is 50 percent of the amount of funds appropriated to carry out this title that are in excess of the amount so appropriated for fiscal year 2001, except that no funds shall be available to carry out this section for any fiscal year for which-- ``(1) the amount appropriated to carry out this title exceeds $600,000,000; or ``(2) each of the several States is eligible to receive an award under this section. ``(c) Award Amount.--A State shall receive an award under this section in an amount that bears the same relation to the total amount available for awards under this section for a fiscal year as the number of States that are eligible to receive such an award for the fiscal year bears to the total number of all States so eligible for the fiscal year. ``(d) Use of Funds.--Funds provided under this section may be used by States to carry out the activities described in section 2207. ``(e) Definition of State.--In this section, the term `State' means each of the 50 States and the District of Columbia.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2001. SEC. 3. TEACHER TESTING AND MERIT PAY. (a) In General.--Notwithstanding any other provision of law, a State may use Federal education funds-- (1) to carry out a test of each elementary school or secondary school teacher in the State with respect to the subjects taught by the teacher; or (2) to establish a merit pay program for the teachers. (b) Definitions.--In this section, the terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 4. NONREFUNDABLE CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified elementary and secondary education expenses (within the meaning of section 530(b)(4)) with respect to one or more qualifying students which are paid or incurred by the individual during such taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $1000 per qualifying student. ``(2) Maximum tuition expenses.--The tuition expenses which may be taken into account in determining qualified elementary and secondary education expenses for any taxable year shall not exceed $500 per qualifying student. ``(c) Qualifying Student.--For purposes of this section, the term `qualifying student' means a dependent (within the meaning of section 152) or a relative of the taxpayer who is enrolled in school (as defined in section 530(b)(4)(B)) on a full-time basis. For purposes of the preceding sentence, the term `relative' means an individual bearing a relationship to the taxpayer which is described in any of paragraphs (1) through (8) of section 152(a). ``(d) Denial of Double Benefit.--No deduction or exclusion shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for elementary and secondary school expenses.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 5. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 75 percent of the qualified charitable contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.-- ``(1) Individuals.--In the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $500 ($1,000 in the case of a joint return). ``(2) Corporations.--In the case of a corporation, the credit allowed by subsection (a) shall not exceed $100,000. ``(c) Qualified Charitable Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified charitable contribution' means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions to a school tuition organization. ``(2) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization which-- ``(i) is described in section 170(c)(2), ``(ii) allocates at least 90 percent of its gross income and contributions and gifts to elementary and secondary school scholarships, and ``(iii) awards scholarships to any student who is eligible for free or reduced cost lunch under the school program established under the Richard B. Russell National School Lunch Act. ``(B) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any contribution for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(3) Controlled groups.--All persons who are treated as one employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer for purposes of this section. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Conforming Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 30B. Credit for contributions for the benefit of elementary and secondary schools.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 6. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits), as amended by section 4(a), is amended by adding at the end the following new section: ``SEC. 30C. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. ``(a) Allowance of Credit.--In the case of an eligible educator, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $1,000. ``(c) Definitions.-- ``(1) Eligible educator.--The term `eligible educator' means an individual who is a teacher, instructor, counselor, principal, or aide in a school (as defined in section 530(b)(4)(B)) for at least 900 hours during a school year. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible educator in the classroom. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 4(b), is amended by adding at the end the following new item: ``Sec. 30C. Credit to elementary and secondary school teachers who provide classroom materials.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 7. ADJUSTED GROSS INCOME DETERMINED BY TAKING INTO ACCOUNT PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Section 62(a)(2) of the Internal Revenue Code of 1986 (relating to certain trade and business deductions of employees) is amended by adding at the end the following: ``(D) Professional development expenses of elementary and secondary school teachers.--The deductions allowed by section 162 which consist of expenses, not in excess of $1,500, paid or incurred by an eligible educator (as defined section 30C(c)(1)) by reason of the participation of the educator in professional development courses which are related to the curriculum and academic subjects in which the educator provides instruction or to the students for which the educator provides instruction and which are part of a program of professional development which is approved and certified by the appropriate local educational agency (as defined by section 14101 of the Elementary and Secondary Education Act of 1965, as in effect on the date of the enactment of this subparagraph).''. (b) Special Rules.--Section 62 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(d) Special Rules.--A deduction shall be allowed under subsection (a)(2)(D) for expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.", "summary": "Parent and Teacher Achievement Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a program for State incentives for teacher testing and merit pay. Directs the Secretary of Education to make an award of such program funds to each State that: (1) administers a test to each elementary and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years; (2) has school teacher compensation system that is based on merit; and (3) requires school teachers to earn continuing education credits as part of a State recertification process.Allows States, regardless of any other Federal law, to use Federal education funds to: (1) test elementary or secondary school teachers in the subjects they teach; or (2) establish a merit pay program for such teachers.Amends the Internal Revenue Act to provide certain tax credits for: (1) elementary and secondary school expenses; (2) contributions for the benefit of elementary and secondary schools; and (3) elementary and secondary school teachers who provide classroom materials. Allows elementary and secondary school teachers to take a tax deduction for certain professional development expenses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Foundation on Physical Fitness and Sports Establishment Act''. SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION. (a) Establishment.--There is established the National Foundation on Physical Fitness and Sports (hereinafter in this Act referred to as the ``Foundation''). The Foundation is a charitable and nonprofit corporation and is not an agency or establishment of the United States. (b) Purposes.--The purposes of the Foundation are-- (1) in conjunction with the President's Council on Physical Fitness and Sports, to develop a list and description of programs, events and other activities which would further the goals outlined in Executive Order 12345 and with respect to which combined private and governmental efforts would be beneficial; and (2) to encourage and promote the participation by private organizations in the activities referred to in subsection (b)(1) and to encourage and promote private gifts of money and other property to support those activities. (c) Disposition of Money and Property.--At least annually the Foundation shall transfer, after the deduction of the administrative expenses of the Foundation, the balance of any contributions received for the activities referred to in subsection (b), to the United States Public Health Service Gift Fund pursuant to section 2701 of the Public Health Service Act (42 U.S.C. 300aaa) for expenditure pursuant to the provisions of that section and consistent with the purposes for which the funds were donated. SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership.--The Foundation shall have a governing Board of Directors (hereinafter referred to in this Act as the ``Board''), which shall consist of 11 members each of whom shall be a United States citizen and-- (1) 4 of whom must be knowledgeable or experienced in one or more fields directly connected with physical fitness, sports, or the relationship between health status and physical exercise; and (2) 7 of whom must be leaders in the private sector with a strong interest in physical fitness, sports, or the relationship between health status and physical exercise. The membership of the Board, to the extent practicable, shall represent diverse professional specialties relating to the achievement of physical fitness through regular participation in programs of exercise, sports, and similar activities. The Assistant Secretary for Health, the Executive Director of the President's Council on Physical Fitness and Sports, the Director for the National Center for Chronic Disease Prevention and Health Promotion, the Director of the National Heart, Lung, and Blood Institute, and the Director for the Centers for Disease Control and Prevention shall be ex officio, nonvoting members of the Board. Appointment to the Board or its staff shall not constitute employment by, or the holding of an office of, the United States for the purposes of any Federal employment or other law. (b) Appointments.--Within 90 days from the date of enactment of this Act, the members of the Board will be appointed. Three members of the Board will be appointed by the Secretary (hereinafter referred to in this Act as the ``Secretary''), 2 by the majority leader of the Senate, 1 by the minority leader of the Senate, 1 by the President Pro Tempore of the Senate, 2 by the Speaker of the House of Representatives, 1 by the majority leader of the House of Representatives, 1 by the minority leader of the House of Representatives. (c) Terms.--The members of the Board shall serve for a term of 6 years. A vacancy on the Board shall be filled within 60 days of the vacancy in the same manner in which the original appointment was made and shall be for the balance of the term of the individual who was replaced. No individual may serve more than 2 consecutive terms as a member. (d) Chairman.--The Chairman shall be elected by the Board from its members for a 2-year term and will not be limited in terms or service. (e) Quorum.--A majority of the current membership of the Board shall constitute a quorum for the transaction of business. (f) Meetings.--The Board shall meet at the call of the Chairman at least once a year. If a member misses 3 consecutive regularly scheduled meetings, that member may be removed from the Board and the vacancy filled in accordance with subsection (c). (g) Reimbursement of Expenses.--Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation, subject to the same limitations on reimbursement that are imposed upon employees of Federal agencies. (h) Limitations.--The following limitations apply with respect to the appointment of officers and employees of the Foundation: (1) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. No individual so appointed may receive pay in excess of the annual rate of basic pay in effect for Executive Level V in the Federal service. (2) The first officer or employee appointed by the Board shall be the Secretary of the Board who shall serve, at the direction of the Board, as its chief operating officer and shall be knowledgeable and experienced in matters relating to physical fitness and sports. (3) No Public Health Service employee nor the spouse or dependent relative of such an employee may serve as an officer or member of the Board of Directors or as an employee of the Foundation. (4) Any individual who is an officer, employee, or member of the Board of the Foundation may not (in accordance with the policies developed under subsection (i)) personally or substantially participate in the consideration or determination by the Foundation of any matter that would directly or predictably affect any financial interest of the individual or a relative (as such term is defined in section 109(16) of the Ethics in Government Act, 1978) of the individual, of any business organization, or other entity, or of which the individual is an officer or employee, is negotiating for employment, or in which the individual has any other financial interest. (i) General Powers.--The Board may complete the organization of the Foundation by-- (1) appointing officers and employees; (2) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provision of this Act; and (3) undertaking such other acts as may be necessary to carry out the provisions of this Act. In establishing bylaws under this subsection, the Board shall provide for policies with regard to financial conflicts of interest and ethical standards for the acceptance, solicitation and disposition of donations and grants to the Foundation. SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. (a) In General.--The Foundation-- (1) shall have perpetual succession; (2) may conduct business throughout the several States, territories, and possessions of the United States; (3) shall have its principal offices in or near the District of Columbia; and (4) shall at all times maintain a designated agent authorized to accept service of process for the Foundation. The serving of notice to, or service of process upon, the agent required under paragraph (4), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. (b) Seal.--The Foundation shall have an official seal selected by the Board which shall be judicially noticed. (c) Powers.--To carry out its purposes under section 2, and subject to the specific provisions thereof, the Foundation shall have the usual powers of a corporation acting as a trustee in the District of Columbia, including the power-- (1) except as otherwise provided herein, to accept, receive, solicit, hold, administer and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein; (2) to acquire by purchase or exchange any real or personal property or interest therein; (3) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom; (4) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except for gross negligence; (5) to enter into contracts or other arrangements with public agencies and private organizations and persons and to make such payments as may be necessary to carry out its functions; and (6) to do any and all acts necessary and proper to carry out the purposes of the Foundation. For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational inspirational or recreational resources. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation. SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES. (a) Protection.--Without the consent of the Foundation in conjunction with the President's Council on Physical Fitness and Sports, any person who uses for the purpose of trade, uses to induce the sale of any goods or services, or uses to promote any theatrical exhibition, athletic performance or competition-- (1) the official seal of the President's Council on Physical Fitness and Sports consisting of the eagle holding an olive branch and arrows with shield breast encircled by name ``President's Council on Physical Fitness and Sports'' and consisting, depending upon placement, of diagonal stripes; (2) the official seal of the Foundation; or (3) any trademark, trade name, sign, symbol, or insignia falsely representing association with or authorization by the President's Council on Physical Fitness and Sports or the Foundation; shall be subject in a civil action by the Foundation for the remedies provided in the Act of July 9, 1946 (60 Stat. 427; popularly known as the Trademark Act of 1946). (b) Uses.--The Foundation, in conjunction with the President's Council on Physical Fitness and Sports, may authorize contributors and suppliers of goods or services to use the trade name or the President's Council on Physical Fitness and Sports and the Foundation as well as any trademark, seal, symbol, insignia, or emblem of the President's Council on Physical Fitness and Sports or the Foundation in advertising that the contributors, goods, or services when donated, supplied, or furnished to or for the use of, or approved, selected, or used by the President's Council on Physical Fitness and Sports or the Foundation. SEC. 6. VOLUNTEER STATUS. The Foundation may accept, without regard to the civil service classification laws, rules, or regulations, the services of volunteers in the performance of the functions authorized herein, in the manner provided for under section 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)). SEC. 7. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL FOR EQUITABLE RELIEF. (a) Audits.--For purposes of the Act entitled ``An Act for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (Public Law 88-504, 36 U.S.C. 1101-1103) the Foundation shall be treated as a private corporation under Federal law. The Inspector General of the Department of Health and Human Services and the Comptroller General of the United States shall have access to the financial and other records of the Foundation, upon reasonable notice. (b) Report.--The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Secretary of Health and Human Services and to Congress a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments. (c) Relief With Respect to Certain Foundation Acts or Failure To Act.--If the Foundation-- (1) engages in, or threatens to engage in, any act, practice or policy that is inconsistent with its purposes set forth in section 2(b); or (2) refuses, fails, or neglects to discharge its obligations under this Act, or threaten to do so; the Attorney General of the United States may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. For fiscal year 2011, there are authorized to be appropriated such sums as may be necessary, to be made available to the Foundation for organizational costs.", "summary": "National Foundation on Physical Fitness and Sports Establishment Act - Establishes the National Foundation on Physical Fitness and Sports as a charitable, nonprofit corporation to promote participation by private organizations in the activities of the President's Council on Physical Fitness and Sports. Subjects any person who uses the Council's or Foundation's official seal or any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the Council or Foundation for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition without the Foundation's consent to a civil action for remedies provided in the Trademark Act of 1946. Allows the Foundation, in conjunction with the Council, to authorize contributors and suppliers of goods or services to use such trade name, trademark, seal, symbol, insignia, or emblem in advertising under specified conditions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Climate Service Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) Weather, climate change, and climate variability affect public safety, environmental services and security, human health, agriculture, energy use, water resources, and other factors vital to national security and human welfare. (2) Climate forecasts create opportunities for society to prepare, potentially reducing the costs of climate-related events, as well as serving national needs related to enhancing economic growth, managing risk, protecting life and property, and promoting environmental stewardship. (3) Information on predicted climate and climate impacts is not being fully disseminated or used well, despite the increasing predictability of climate. (4) The United States lacks adequate research, infrastructure, and coordinated outreach and communication mechanisms to meet national climate monitoring, prediction, and decision support needs for adapting to and mitigating the impacts of climate change and climate variability. (5) Increasing societal resilience to climate impacts requires understanding climate trends and variations as well as possible, understanding the impacts of climate on human and nonhuman systems, providing decision-relevant tools based on that information, and increasing society's capacity to act on that information. SEC. 3. PURPOSE. It is the purpose of this Act to establish a National Climate Service that will assist the Nation and the world in understanding, anticipating, and responding to climate, climate change, and climate variability and their impacts and implications. The Service shall inform the public through the sustained production and delivery of authoritative, timely, useful information about impacts on local, State, regional, tribal, national, and global scales. The Service shall be user-centric, by ensuring that the information is accessible, consistent with users' ability to respond, and based on user needs and limitations. The Service shall provide such usable information through a sustained network of observations, modeling, and research activities. SEC. 4. NATIONAL CLIMATE SERVICE. (a) Establishment.-- (1) In general.--The Secretary of Commerce shall establish within the Climate Program Office of the National Oceanic and Atmospheric Administration a National Climate Service (in this Act referred to as the ``Service'') not later than one year after the date of enactment of this Act. The Service shall include a national center and a network of regional and local facilities for operational climate observation, modeling, and research. (2) General purpose.--The Service shall inform the public through the sustained production and delivery of authoritative, timely, useful information about impacts on local, State, regional, tribal, national, and global scales. (3) Specific services.--The Service, at minimum, shall-- (A) serve as a clearinghouse and technical access point to stakeholders for regionally and nationally relevant information on climate, climate impacts, and adaptation, developing comprehensive databases of information relevant to specific regional and national stakeholder needs; (B) provide education on climate impacts, vulnerabilities, and application of climate information in decisionmaking; (C) design decision-support tools that facilitate use of climate information in stakeholders' near-term operations and long-term planning (D) facilitate user access to climate and climate impacts experts for technical assistance in use of climate information and to inform the climate forecast community of their information needs; (E) provide researcher, modeler, and observations experts access to users to help guide direction of research, modeling, and observation activities; and (F) propose and evaluate adaptation strategies for climate variability and change. (4) Specific functions.--The Service, at minimum, shall-- (A) integrate global, national, and regional observations to produce information and assessments of use to stakeholders and researchers; (B) develop climate models for decision support; (C) perform basic and applied research on climate dynamics and impacts relevant to stakeholder interests; (D) create and maintain an operational delivery system and facilitate transition of new climate applications products to Service member agencies; (E) establish an atmospheric monitoring and verification program utilizing aircraft, satellite, ground sensors, ocean and coastal observing systems, and modeling capabilities to monitor, measure, and verify greenhouse gas concentrations and emissions throughout the global oceans and atmosphere; (F) develop and maintain a dialog among research teams, Federal agencies, and stakeholders for developing information relevant for planning and decisionmaking; (G) identify climate-related vulnerabilities and build national capacity to increase resilience; (H) articulate regional and national climate issues and concerns in regional and national policy arenas and facilitate regional-national communications on Service needs and performance; and (I) outreach to stakeholder groups. (b) Action Plan.--Within 1 year after the date of enactment of this Act, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives a plan of action for the National Climate Service. The plan, at a minimum, shall-- (1) provide for the interpretation and communication of climate data, conditions, predictions, projections, and risks on an ongoing basis to decision and policy makers at the local, regional, and national levels; (2) design, deploy, and operate a national climate observing system that closes gaps in existing coverage; (3) support infrastructure and ability to archive and ensure the quality of climate data, and make federally funded model simulations and other relevant climate information available from Global Change Research Program activities and other sources (and related data from paleoclimate studies); (4) include a program for long-term stewardship, quality control, development of relevant climate products, and efficient access to all relevant climate data, products, and model simulations; (5) establish a national coordinated modeling strategy, including a national climate modeling center to provide a dedicated capability for modeling and forecasting scenarios, and a regular schedule of projections on long-term and short- term time horizons over a range of scales, including regional scales; (6) improve integrated modeling, assessment, and predictive capabilities needed to document and forecast climate changes and impacts, and to guide national, regional, and local planning and decisionmaking; (7) provide a system of regular consultation and coordination with Federal agencies, States, tribes, nongovernmental organizations, the private sector, and the academic community to ensure-- (A) that the information requirements of these groups are well incorporated; and (B) timely and full sharing, dissemination and use of climate information and services in risk preparedness, planning, decisionmaking, and early warning and natural resources management, both domestically and internationally; (8) develop standards, evaluation criteria, and performance objectives to ensure that the Service meets the evolving information needs of the public, policy makers, and decisionmakers in the face of a changing climate; (9) develop funding estimates to implement the plan; and (10) support competitive research programs that will improve elements of the Service described in this Act through the Climate Program Office within the Service headquarter function. (c) Director.--The Administrator shall appoint a Director of the Service, who shall oversee all processes associated with managing the organization and executing the functions and actions described in this Act. (d) National Climate Service Advisory Council.--The Administrator shall, in consultation with the Chairmen and ranking minority members of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives, and the National Academy of Sciences, appoint the membership of a National Climate Service Advisory Council, with members serving 4-year terms, that shall include a diverse membership from appropriate Federal, State, and local government, universities, and nongovernment and private sectors who use climate information and cover a range of sectors, such as water, drought, fisheries, coasts, agriculture, health, natural resources, transportation, and insurance. The Council shall advise the Director of the Service of key priorities in climate-related issues that require the attention of the Service. The Council shall be responsible for promoting coordination across regional, national, and international concerns and the assessment of evolving information needs. SEC. 5. CONTRACT AND GRANT AUTHORITY. Functions vested in any Federal officer or agency by this Act or under the program established under this Act may be exercised through the facilities and personnel of the agency involved or, to the extent provided or approved in advance in appropriation Acts, by other persons or entities under contracts or grant arrangements entered into by such officer or agency. SEC. 6. ANNUAL REPORT. The Secretary of Commerce shall prepare and submit to the President and the Congress, not later than March 31 of each year, a report on the activities conducted pursuant to this Act during the preceding fiscal year, including-- (1) a summary of the achievements of the National Climate Service during the previous fiscal year; and (2) an analysis of the progress made toward achieving the goals and objectives of the Service. SEC. 7. DEFINITIONS. (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Advisory council.--The term ``Advisory Council'' refers to the National Climate Service Advisor Council. (3) Climate change.--The term ``climate change'' means any change in climate over time, whether due to natural variability or as a result of human activity. (4) Director.--The term ``Director'' means the director of the National Oceanic and Atmospheric Administration's National Climate Service. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (6) Service.--The term ``Service'' means the National Oceanic and Atmospheric Administration's National Climate Service. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act-- (1) $300,000,000 for fiscal year 2011. (2) $350,000,000 for fiscal year 2012. (3) $400,000,000 for fiscal year 2013. (4) $450,000,000 for fiscal year 2014. (5) $500,000,000 for fiscal year 2015.", "summary": "National Climate Service Act of 2009 - Requires the Secretary of Commerce to establish within the Climate Program Office of the National Oceanic and Atmospheric Administration (NOAA) a National Climate Service that includes a national center and a network of regional and local facilities for operational climate observation, modeling, and research. Requires the Service to: (1) inform the public about climate impacts; (2) serve as a clearinghouse and technical access point to stakeholders for information on climate, climate impacts, and adaptation, and relevant comprehensive databases of information; (3) provide education on climate impacts, vulnerabilities, and application of climate information in decisionmaking; (4) design decision-support tools that facilitate use of climate information in stakeholders' near-term operations and long-term planning; (5) facilitate user access to climate experts for technical assistance in the use of climate information and to inform the climate forecast community of their information needs; (6) provide researcher, modeler, and observations experts access to users to help guide direction of their activities; and (7) propose and evaluate adaptation strategies for climate variability and change. Sets forth the Service's functions, including establishing an atmospheric monitoring and verification program utilizing aircraft, satellite, ground sensors, ocean and coastal observing systems, and modeling capabilities to monitor, measure, and verify greenhouse gas concentrations and emissions throughout the oceans and atmosphere. Requires the Secretary to report to specified congressional committees on a plan of action for the Service. Requires the Administrator of NOAA to appoint a Director of the Service. Requires the Director to appoint members of a National Climate Service Advisory Council to promote coordination across regional, national, and international concerns and assess information needs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Biotechnology Future Investment Expansion Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) American bioscience research corporations conduct long- term research and development on breakthrough medical technologies. This commercial bioscience research industry forms an irreplaceable link between pure scientific discovery and the development of powerful biomedical products and technologies. It is critical to the maintenance of American competitiveness internationally that these long-term research and development projects be encouraged. (2) Such long-term research projects have the greatest potential to revolutionize whole fields of science and industry for the benefit of the standard of living of Americans; and to yield solutions for critical social needs, even though these solutions might not result in large sales and profits (such as ``orphan'' drugs and other treatments alleviating great suffering in their recipients). (3) Long-term biomedical research companies are among the most research-intensive and capital-intensive companies in the world. (4) In addition to the scientific and technical risks attending their long-term research programs, many biomedical research companies must subject their technologies to lengthy and expensive regulatory reviews before they are permitted access to the marketplace. (5) Biomedical research companies typically operate in financially challenging circumstances. These companies must engage in intensive research activity for many years in order to develop their products and earn profits. Many are small businesses lacking the internal cash flow, stability and borrowing capacity of large corporations. (6) The long-term commercial bioscience research industry is heavily dependent on outside sources of equity capital to fund lengthy and intensive research prior to earning any revenues. The industry's long lead times and high levels of scientific and regulatory risk often impede access to capital. (7) The longstanding national policy of Government support and tax incentives for breakthrough commercial research reflects a recognition that the capital marketplace tends to allocate insufficient resources to sustain the Nation's need for such foundational scientific research and development. (8) American long-term bioscience research companies constitute one of the core commercial sectors which Congress intended to benefit from existing tax incentives for commercial research. (9) However, the current Federal income tax incentives are simply not working in the case of many bioscience companies focused on breakthrough medical technologies. (10) Current Federal income tax incentives do not work as intended for most high technology bioscience companies because they typically incur net operating losses for a decade or more during their lengthy research and development phases and therefore receive no contemporaneous benefit from these tax incentives. (11) Further, Federal tax rules aimed chiefly at preventing corporate loss trafficking and tax-motivated mergers and acquisitions penalize these companies. The very process of raising successive increments of private capital through routine equity financings triggers these rules and subjects biomedical research companies to severe limitations on net operating loss and tax credit carryforwards. These limitations practically eliminate for the commercial bioscience industry any economic benefit from these tax incentives. (12) These tax incentives instead tend to favor investment by large, profitable companies, often engaged in secondary or tertiary research activities, and thus to discriminate against and to cause under-investment in longer-term breakthrough technologies, a bias which is harmful to American competitiveness. (13) The inability to benefit from existing Federal income tax incentives for commercial research places long-term bioscience research companies at a substantial disadvantage in the capital marketplace where they must compete with other companies able to use these tax incentives currently. (14) A tax system that does not discriminate would ensure that existing tax incentives in favor of research and experimentation have the same cost-reducing impact on companies conducting both short-term and long-term research and thus render this tax incentive program neutral with regard to short- term and long-term research objectives, minimizing capital marketplace distortions caused by differences in tax and income status. (b) Purpose.--The purpose of this Act is to provide that long-term biomedical research corporations will not incur limitations on research-related tax incentive carryforwards simply because they engage in the routine equity financings that are the financial lifeblood of the industry. SEC. 3. RESTORING THE BENEFIT OF TAX INCENTIVES FOR BIOMEDICAL RESEARCH AND CLINICAL TRIALS. (a) In General.--Subsection (l) of section 382 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Certain financing transactions of biomedical research corporations.-- ``(A) General rule.--In the case of a biomedical research corporation, any owner shift involving a 5- percent shareholder which occurs as the result of a qualified investment during the testing period shall be treated for purposes of this section (other than this paragraph) as occurring before the testing period. ``(B) Biomedical research corporation.--For purposes of this paragraph, the term `biomedical research corporation' means, with respect to any qualified investment, any domestic corporation subject to tax under this subchapter which is not in bankruptcy and which, as of the time of the closing on such investment-- ``(i) holds the rights to a drug or biologic for which an investigational new drug application is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act, and ``(ii) certifies that, as of the time of such closing, the drug or biologic is under study in phase II or phase III of a clinical investigation carried out under such section. ``(C) Qualified investment.--For purposes of this paragraph, the term `qualified investment' means any acquisition of stock in a biomedical research corporation if such stock is acquired at its original issue (directly or through an underwriter), solely in exchange for cash, and the closing thereon occurs after the date of the enactment of this paragraph. ``(D) Stock issued in exchange for convertible debt.--For purposes of this paragraph, stock issued by a biomedical research corporation in exchange for its convertible debt (or stock deemed under this section to be so issued) shall be treated as stock acquired by the debt holder at its original issue and solely in exchange for cash if the debt holder previously acquired the convertible debt at its original issue and solely in exchange for cash. In the case of an acquisition of stock in exchange for convertible debt, the requirements of this paragraph shall be applied separately as of the time of closing on the investment in convertible debt, and as of the time of actual conversion (or deemed conversion under this section) of the convertible debt for stock, except that the requirements of subparagraph (H) shall be applied only as of the time of closing on the issuance of the convertible debt. ``(E) Biomedical research corporation must meet 5- year expenditure test with respect to any qualified investment.-- ``(i) In general.--This paragraph shall not apply to a qualified investment in a biomedical research corporation unless such corporation meets the expenditure test for each year of the measuring period. ``(ii) Measuring period.--For purposes of this subparagraph, the term `measuring period' means, with respect to any qualified investment, the taxable year of the biomedical research corporation in which the closing on the investment occurs, the 2 preceding taxable years, and the 2 subsequent taxable years. ``(iii) Clinical testing.--For purposes of this subparagraph, the term `clinical testing' means any human clinical testing which is carried out under any investigational new drug application in effect under section 505 of the Federal Food, Drug, and Cosmetic Act. ``(F) Effect of corporate redemptions on qualified investments.--Rules similar to the rules of section 1202(c)(3) shall apply to qualified investments under this paragraph except that `stock acquired in a qualified investment' shall be substituted for `qualified small business stock' each place it appears therein. ``(G) Effect of other transactions between biomedical research corporations and investors making qualified investments.-- ``(i) In general.--If, during the 2-year period beginning 1 year before any qualified investment, the biomedical research corporation engages in another transaction with a member of its qualified investment group and such biomedical research corporation receives any consideration other than cash in such transaction, there shall be a presumption that stock received in the otherwise qualified investment transaction was not received solely in exchange for cash. ``(ii) Qualified investment group.--For purposes of this subparagraph, the term `qualified investment group' means, with respect to any qualified investment, one or more persons who receive stock issued in exchange for the qualified investment, and any person related to such persons within the meaning of section 267(b) or section 707(b). ``(iii) Regulations.--The Secretary shall promulgate regulations exempting from this subparagraph transactions which are customary in the bioscience research industry and are of minor value relative to the amount of the qualified investment. ``(H) Proceeds of qualified investments shall be devoted to research on preexisting technology.-- ``(i) In general.--This paragraph shall not apply to any qualified investment unless the net proceeds of such qualified investment do not exceed the excess of-- ``(I) the sum of the biomedical research corporation's aggregate qualifying clinical expenditures for the 3 years following the qualified investment, over ``(II) three times the corporation's qualifying clinical expenditures for the year preceding the qualified investment, plus the amount of the corporation's cash and cash equivalents immediately before the closing on the qualified investment. ``(ii) Qualifying clinical expenditures.-- For purposes of this subparagraph, the term `qualifying clinical expenditures' means amounts described in section 41(b) which are paid or incurred by a biomedical research corporation for clinical testing in connection with a drug or biologic for which an investigational new drug application is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act and which is (at the time of the closing on the qualified investment) under study in phase II or phase III of a clinical investigation carried out under such section. ``(I) Regulations.--The Secretary may issue such regulations as may be appropriate to achieve the purposes of this paragraph, to prevent abuse, and to provide for treatment of biomedical research corporations under sections 383 and 384 that is consistent with the purposes of this paragraph.''. (b) Proceeds of Equity Investments To Be Treated as Working Capital.--Subparagraph (C) of section 382(l)(4) of such Code is amended by adding at the end the following: ``Such term shall not include any assets reasonably expected to be used within 3 years to fund qualifying clinical expenditures (as defined in paragraph (9)(H)(ii) without regard to the parenthetical therein).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.", "summary": "Biotechnology Future Investment Expansion Act of 2003 - Amends the Internal Revenue Code to provide that in the case of a biomedical research corporation, any owner shift involving a five-percent shareholder which occurs as the result of a qualified investment during the testing period shall be treated as occurring before the testing period. (Thus not counting toward net operating loss and tax credit carryover limitations.) Defines: (1) \"biomedical research corporation\" as a domestic corporation not in bankruptcy which has a drug or biologic in certain clinical trials; and (2) \"qualified investment\" as a stock acquisition in a biomedical research corporation acquired in cash at its original issue. Requires a biomedical research corporation to meet a five-year expenditure test with respect to any qualified investment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Counseling in Shelters Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Nearly \\1/3\\ of American women report being physically or sexually abused by a husband or boyfriend at some point in their lives. (2) Fifty-six percent of women who experience any partner violence are diagnosed with a psychiatric disorder. Twenty-nine percent of all women who attempt suicide were battered, 37 percent of battered women have symptoms of depression, 46 percent have symptoms of anxiety disorder, and 45 percent experience post-traumatic stress disorder. (3) Children who witness domestic violence are more likely to exhibit behavioral and physical health problems including depression, anxiety, and violence toward peers. They are also more likely to attempt suicide, abuse drugs and alcohol, run away from home, engage in teenage prostitution, and commit sexual assault crimes. (4) Each year, at least 6 percent of all pregnant women, equal to about 240,000 pregnant women, are battered by the men in their lives. (5) Complications of pregnancy, including low weight gain, anemia, and first and second trimester bleeding are significantly higher for abused women, as are maternal rates of depression, suicide attempts, tobacco, alcohol, and illicit drug use. (6) A major domestic violence program in St. Petersburg, Florida, reports that 70 percent of the families that come to their shelter have substance abuse in their family--either the woman, her children, or her batterer. One study of a low-income Chicago neighborhood found that 42 percent of women experiencing severe abuse in the past 12 months reported depression. SEC. 3. SHELTER GRANTS. (a) Grants Authorized.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Assistant Secretary for the Administration on Children, Youth, and Families, shall make grants to eligible entities for the purpose of providing on site mental health and substance abuse counseling and referral services. (2) Eligible entity defined.--In this section the term ``eligible entity'' means a public or nonprofit private domestic or sexual violence program or other community-based entity including an Indian tribe or tribal organization that primarily serves victims of domestic violence. (3) Duration of awards.--The Secretary shall award grants under this section for a period not to exceed 5 years. Such grants may be renewed. (b) Use of Funds.--An entity awarded a grant pursuant to subsection (a) shall-- (1) hire licensed professionals to provide on site mental health and substance abuse counseling to women and children who have been subjected to domestic or sexual violence; (2) hire dedicated staff qualified to coordinate the mental health and substance abuse services for victims of domestic and sexual violence and their children including linking them with more comprehensive treatment programs in their local communities; and (3) provide training in the dynamics of domestic violence and sexual assault, including safety risk, potential lethality, and appropriate interventions, to those mental health and substance abuse professionals hired to provide services to these women and their children. (c) Application.-- (1) In general.--Each eligible entity that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall contain a plan for the rigorous evaluation of the activities funded under this section, including process and outcome evaluation, and the submission of an evaluation at the end of the project period. (d) Grantmaking Considerations.-- The Secretary, in awarding grants under this section shall-- (1) ensure that such grants are distributed equitably among the regions of the country and among urban and rural areas; and (2) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence. (e) Technical Assistance.--The Secretary, acting through the Assistant Secretary for the Administration on Children, Youth, and Families, shall provide technical assistance to grant recipients with respect to the implementation of programs to provide on site mental health and substance abuse counseling and referral services. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2003, and such sums as may be necessary for succeeding fiscal years.", "summary": "Counseling in Shelters Act of 2002 - Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for the Administration on Children, Youth, and Families, to make grants for up to five years to eligible community-based entities to provide on-site mental health and substance abuse counseling and referral services for victims of domestic or sexual violence. Permits grant funds to be used for hiring professionals and staff and providing training in the dynamics of domestic violence and sexual assault.Requires the Secretary, in awarding such grants, to: (1) ensure equitable geographic and urban/rural distribution; (2) give preference to entities with high levels of cultural competence and strong ties to minority communities; and (3) provide technical assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Aggregate Risk and Revenue Management Act of 2011'' or the ``ARRM Act of 2011''. SEC. 2. AGGREGATE RISK AND REVENUE MANAGEMENT PROGRAM. Section 1105 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8715) is amended to read as follows: ``SEC. 1105. AGGREGATE RISK AND REVENUE MANAGEMENT PROGRAM. ``(a) Definitions.--In this section: ``(1) Alternative price.--The term `alternative price' means an average of the price for each of the immediately preceding 4 years, as determined by the National Agricultural Statistics Service, for each crop for which the harvest price is unavailable. ``(2) ARRM.--The term `ARRM' means the aggregate risk and revenue management program established under this section. ``(3) CRD.--The term `CRD' means a crop reporting district, as determined by the National Agricultural Statistics Service. ``(4) Harvest price.--The term `harvest price' means the harvest price determined by the Risk Management Agency. ``(b) Availability and Election of Alternative Approach.-- ``(1) Availability of aggregate risk and revenue management payments.--With respect to all covered commodities and peanuts on a farm, during each of the 2013 through 2017 crop years, the Secretary shall give the operator, tenant, or sharecropper, as appropriate, on the farm an opportunity to make an annual election for all producers on the farm to receive aggregate risk and revenue management payments under this section for the crop year for which the election is made. ``(2) Limitations.-- ``(A) In general.--The total number of planted acres for which the producers on a farm may receive ARRM payments under this section shall be equal to the total number of acres planted to all covered commodities and peanuts on the farm. ``(B) Native sod.-- ``(i) In general.--Native sod (as defined in section 508(o)(1) of the Federal Crop Insurance Act (7 U.S.C. 1508(o)(1))) acreage that is tilled for the purpose of producing an annual crop after the date of enactment of the ARRM Act of 2011 shall not be considered acreage planted to the covered commodity or peanuts for harvest on a farm in a crop year for purposes of making ARRM payments under this section during the first 5 crop years of planting. ``(ii) Requirement.--Ineligibility under clause (i) shall only apply to the actual acreage of native sod that was converted to crop production. ``(3) Election; time for election.-- ``(A) In general.--The Secretary shall provide notice to the operators, tenants, or sharecroppers, as appropriate regarding the opportunity to make each of the elections described in paragraph (1). ``(B) Notice requirements.--The notice shall include-- ``(i) notice of the opportunity of the operator, tenant, or sharecropper, as appropriate, on a farm to make the election; and ``(ii) information regarding the manner in which the election must be made and the time periods and manner in which notice of the election must be submitted to the Secretary. ``(4) Election deadline.--Within the time period and in the manner prescribed pursuant to paragraph (3), the operator, tenant, or sharecropper, as appropriate, on a farm shall submit to the Secretary notice of an election made under paragraph (1). ``(5) Effect of failure to make election.--If the operators, tenants, or sharecroppers, as appropriate, on a farm fail to make an election under paragraph (1) or fail to timely notify the Secretary of the election made, as required by paragraph (4), all of the producers on the farm shall be deemed to not have made the election described in paragraph (1), for the applicable crop years. ``(c) Payments Required.-- ``(1) In general.--In the case of producers on a farm who make an election under subsection (b) to receive ARRM payments for any of the 2013 through 2017 crop years for all covered commodities and peanuts, the Secretary shall make ARRM payments available to the producers on a farm in accordance with this subsection. ``(2) ARRM payment.-- ``(A) In general.--Subject to paragraph (3), in the case of producers on a farm described in paragraph (1), the Secretary shall make ARRM payments available to the producers on a farm for each crop year if-- ``(i) the actual CRD revenue for the crop year for the covered commodity or peanuts in the CRD determined under subsection (e); is less than ``(ii) the ARRM program guarantee for the crop year for the covered commodity or peanuts in the CRD determined under subsection (d). ``(B) Individual loss.--The Secretary shall make ARRM payments available to the producers on a farm in a CRD for a crop year only if (as determined by the Secretary)-- ``(i) the actual farm revenue for the crop year for the covered commodity or peanuts, as determined under subsection (g); is less than ``(ii) the farm ARRM revenue guarantee for the crop year for the covered commodity or peanuts, as determined under subsection (f). ``(3) Time for payments.--In the case of each of the 2013 through 2017 crop years, the Secretary shall make ARRM payments beginning October 1, or as soon as practicable thereafter, after the date of determination of the harvest price for the covered commodity or peanuts. ``(d) ARRM Program Guarantee.-- ``(1) CRD amount.-- ``(A) In general.--For purposes of subsection (c)(2)(A) and subject to subparagraphs (B) and (C), the ARRM program guarantee for a crop year for a covered commodity or peanuts in a CRD shall equal 90 percent of the CRD average revenue, as determined under subparagraph (B). ``(B) CRD average revenue.--For purposes of subparagraph (A), the CRD average revenue shall be the average during the marketing years for the immediately preceding 5 crops of a covered commodity and peanuts, excluding the year in which the CRD revenue was the highest and the year in which the CRD revenue was the lowest in the period, of the product obtained by multiplying-- ``(i) the CRD yield for the covered commodity or peanuts in a CRD determined under paragraph (2); and ``(ii) the harvest price or alternative price for the covered commodity or peanuts. ``(C) Minimum and maximum guarantee.--The ARRM program guarantee for a crop year for a covered commodity or peanuts under subparagraph (A) shall not decrease or increase more than 10 percent from the guarantee for the preceding crop year. ``(D) Double-cropped acreage.--Any crop subsequently planted on land determined for purposes of the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) to be prevented planted acreage shall not be included in calculating the ARRM program guarantee under subparagraph (A) or the actual farm revenue under subsection (g) unless the farm has a history of double- cropping and is located in a region in which double- cropping is an acceptable farming practice, as determined by the Secretary. ``(2) Assigned crd yield.--If the Secretary cannot establish the CRD yield for each planted acre for a crop year for a covered commodity or peanuts in a CRD in accordance with subparagraph (A) or if the yield determined under subparagraph (A) is an unrepresentative average yield for the CRD (as determined by the Secretary), the Secretary shall assign a CRD yield for each planted acre for the crop year for the covered commodity or peanuts in the CRD on the basis of-- ``(A) previous average yields for a period of 5 crop years, excluding each of the crop years with the highest and lowest yields; or ``(B) CRD yields for planted acres for the crop year for the covered commodity or peanuts in similar CRDs. ``(3) CRDs with irrigated and nonirrigated land.--In the case of a CRD in which at least 25 percent of the acreage planted to a covered commodity or peanuts in the CRD is irrigated and at least 25 percent of the acreage planted to the covered commodity or peanuts in the CRD is not irrigated, the Secretary shall calculate a separate ARRM program guarantee for the irrigated and nonirrigated areas of the CRD for the covered commodity or peanuts. ``(e) Actual CRD Revenue.-- ``(1) In general.--For purposes of subsection (c)(2)(A), the amount of the actual CRD revenue for a crop year of a covered commodity or peanuts shall equal the product obtained by multiplying-- ``(A) the actual CRD yield for each planted acre for the crop year for the covered commodity or peanuts determined under paragraph (2); and ``(B) the national average harvest price or alternative price received by producers for the crop year for the covered commodity or peanuts as determined by the Risk Management Agency. ``(2) Actual crd yield.--For purposes of paragraph (1)(A), the actual CRD yield for each planted acre for a crop year for a covered commodity or peanuts in a CRD shall equal (as determined by the Secretary)-- ``(A) the quantity of the covered commodity or peanuts that is produced in the CRD during the crop year; divided by ``(B) the number of acres that are planted to the covered commodity or peanuts in the CRD during the crop year. ``(f) Farm ARRM Revenue Guarantee.-- ``(1) In general.--For purposes of subsection (c)(2)(B), the farm ARRM revenue guarantee for the crop year for a covered commodity or peanuts shall equal 90 percent of the average farm revenue as determined under paragraph (2). ``(2) Average farm revenue.--The average farm revenue shall be equal to the sum obtained by adding-- ``(A) the average during the marketing years for the immediately preceding 5 crops of a covered commodity and peanuts, excluding the year in which the farm revenue was the highest and the year in which the farm revenue was the lowest in the period, of the product obtained by multiplying-- ``(i) the actual production history, as determined using production records and data of the Risk Management Agency; and ``(ii) the harvest price or alternative price for the covered commodity or peanuts in a CRD; and ``(B) the amount of the per acre crop insurance premium required to be paid by the producers on the farm for the applicable crop year for the covered commodity or peanuts on the farm. ``(g) Actual Farm Revenue.--For purposes of subsection (c)(2)(B) and except as provided in subsection (d)(1)(C), the amount of the actual farm revenue for a crop year for a covered commodity or peanuts shall equal the amount determined by multiplying-- ``(1) the actual yield for the covered commodity or peanuts of the producers on the farm; and ``(2) the national average harvest price or alternative price for the crop year for the covered commodity or peanuts. ``(h) Payment Amount.--If ARRM payments are required to be paid for any of the 2013 through 2017 crop years of a covered commodity or peanuts under this section, the amount of the ARRM payment to be paid to the producers on the farm for the crop year under this section shall be equal to the product obtained by multiplying-- ``(1) the lesser of-- ``(A) the difference between-- ``(i) the ARRM program guarantee for the crop year for the covered commodity or peanuts in the CRD determined under subsection (d); and ``(ii) the actual CRD revenue from the crop year for the covered commodity or peanuts in the CRD determined under subsection (e); and ``(B) 15 percent of the ARRM program guarantee for the crop year for the covered commodity or peanuts in the CRD determined under subsection (d); ``(2) 85 percent of the acreage planted to the covered commodity or peanuts for harvest on the farm in the crop year; and ``(3) the quotient obtained by dividing-- ``(A) the actual production history for the covered commodity or peanuts of the producers on the farm, as determined using production records and data of the Risk Management Agency; and ``(B) the assigned CRD yield for each planted acre for the crop year for the covered commodity or peanuts in a CRD, as determined under subsection (d)(2). ``(i) Crop Reporting District Assessment.--The Secretary shall review CRDs in western States that have 7 or fewer CRDs to assess whether additional CRDs in the States are necessary.''. SEC. 3. CONFORMING AMENDMENTS. (a) Repeal of Direct and Counter-Cyclical Payments for Covered Commodities and Peanuts.-- (1) In general.--Sections 1103, 1104, 1303, and 1304 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8714, 8753, 8754) are repealed. (2) Application.--The amendments made by paragraph (1) apply beginning with the 2013 crop year. (b) Period of Effectiveness.--Section 1109 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8719) is amended by striking ``2012'' and inserting ``2017''. (c) Suspension of Permanent Price Support Authority.--Section 1602 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8782) is amended-- (1) by striking ``through 2012'' each place it appears and inserting ``through 2017''; and (2) by striking ``December 31, 2012'' each place it appears and inserting ``December 31, 2017''. (d) Technical Amendments.-- (1) Section 1001 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702) is amended by striking paragraph (1) and inserting the following: ``(1) Aggregate risk and revenue management payment.--The term `aggregate risk and revenue management payment' means a payment made to producers on a farm under section 1105.'' (2) Section 1101(d)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8711(d)(1)) is amended by striking ``average crop revenue election'' and inserting ``aggregate risk and revenue management''. (3) Section 1106 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8716) is amended by striking ``average crop revenue election'' each place it appears in subsections (a)(1), (b), and (e) and inserting ``aggregate risk and revenue management''. (4) Section 1302(d)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8752(d)(1)) is amended by striking ``average crop revenue election'' and inserting ``aggregate risk and revenue management''. (5) Section 1305 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8755) is amended by striking ``average crop revenue election'' each place it appears in subsections (a)(1), (b), and (e) and inserting ``aggregate risk and revenue management''. (6) Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended-- (A) by striking ``ACRE'' each place it appears in the headings of subsections (b) and (c) and inserting ``ARRM''; (B) by striking ``ACRE'' each place it appears in the headings of paragraph (3) of subsections (b) and (c) and inserting ``ARRM''; and (C) by striking ``average crop revenue election'' each place it appears in subsections (b) and (c) and inserting ``aggregate risk and revenue management''. (7) Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a) is amended-- (A) in subsection (b)(C)(i), by striking ``average crop revenue election'' and inserting ``aggregate risk and revenue management''; and (B) in subsection (f), by striking ``2012'' and inserting ``2017''.", "summary": "Aggregate Risk and Revenue Management Act of 2011 or the ARRM Act of 2011 - Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture (USDA), regarding all covered commodities and peanuts during each of the 2013-2017 crop years, to give the operator, tenant, or sharecropper on a farm an opportunity to make an annual election for all producers on the farm to receive aggregate risk and revenue management payments for the crop year for which the election is made. (Replaces the average crop revenue election program with the ARRM program.) Repeals the direct and counter-cyclical payment programs for covered commodities and peanuts beginning with the 2013 crop year. Suspends permanent price support authority through December 31, 2017."}
{"article": "SECTION 1. CRIMINAL AND CIVIL FORFEITURE FOR MAIL AND WIRE FRAUD. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following new sections: ``Sec. 1347. Criminal forfeiture for violation of section 1341 or 1343 ``(a) In General.--A person convicted of a violation of sections 1341 or 1343 of this title shall, notwithstanding any provision of State law, forfeit to the United States any property constituting or derived from any proceeds which the person obtained directly or indirectly from a scheme in violation of either section. ``(b) Procedures of Controlled Substances Act Applicable.--With respect to a forfeiture under this section for a violation of this chapter, the provisions of subsections (b), (c), (e), (f), (g), (i), (k), (l), (m), (n), and (o) of section 413 of the Controlled Substances Act apply as they would to a forfeiture under that section for a violation of the Controlled Substances Act. ``(c) Disposition of Property.--After a seizure of property ordered forfeited under this section, the Attorney General shall dispose of the property under section 1349 of this title. The Postal Service shall turn any such seized property over to the Attorney General for disposal under such section. ``(d) Substitute Assets.--If any of the property subject to forfeiture under this section, as a result of conduct of the defendant-- ``(1) cannot be located upon the exercise of due diligence; ``(2) has been transferred or sold to, or deposited with, a third party; ``(3) has been placed beyond the jurisdiction of the court; ``(4) has been substantially diminished in value; or ``(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5) of this subsection. ``Sec. 1348. Civil forfeiture for violation of section 1341 or 1343 ``(a) Property Subject to Civil Forfeiture.--Any property, as defined by subsection (b) of section 413 of the Controlled Substances Act, constituting or derived from any proceeds of a scheme in violation of sections 1341 or 1343 of this title shall be subject to forfeiture to the United States. ``(b) Seizure.--(1) Except as provided in paragraph (4), any property subject to forfeiture to the United States under this section may be seized by the Attorney General or the Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a district court of the United States having jurisdiction over the property. ``(2) The Attorney General or the Postal Service may seize such property without such process when-- ``(A) the seizure is incident to a lawful arrest or search; or ``(B) such property has been the subject of a prior judgment in favor of the United States in a criminal injunction or forfeiture proceeding under section 1347 of this title. ``(3) The Government may seek the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. ``(4) No property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed without the knowledge of that owner or lienholder. ``(c) Procedural Matters.--(1) With respect to a forfeiture of property under this section, the provisions of subsections (c), (d), (h), and (j) of section 511 of the Controlled Substances Act apply as they would to a forfeiture of property under that section, and the Postal Service may also perform any of the functions the Attorney General may perform under such subsections. ``(2) The filing of an indictment or information alleging a violation of section 1341 or 1343 of this title which is also related to a civil forfeiture proceeding under either section shall, upon motion of the United States and for good cause shown, stay the civil forfeiture proceeding. ``(d) Disposition of Property.--After a seizure of property ordered forfeited under this section, the Attorney General or the Postal Service shall dispose of the property under section 1349 of this title. ``Sec. 1349. Disposition of forfeited property ``(a) In General.--After making due provision for the rights of any innocent persons, the Attorney General, after deducting the costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, shall deposit the property forfeited or the proceeds from the sale of property forfeited under sections 1347 or 1348 of this title in the Department of Justice Assets Forfeiture Fund established by section 524(c) of title 28. The Postal Service may exercise the authority of the Attorney General in conducting administrative forfeitures and shall deposit the property forfeited or the proceeds of the property forfeited in the Postal Service Fund under section 2003(b)(7) of title 39. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant. Neither the defendant nor any person acting in concert with the defendant or on the defendant's behalf is eligible to purchase forfeited property sold by the United States. ``(b) Restraint Pending Appeal.--Upon application of a person other than the defendant or a person acting in concert with the defendant or on the defendant's behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal in the case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition will result in irreparable harm to the applicant. ``(c) Rules for Disposition.--The Attorney General and the Postal Service shall make rules providing for the disposition of such property and proceeds. The rules shall provide that the Attorney General or the Postal Service may-- ``(1) retain the property for official use; ``(2) transfer the property to Federal, State, or local law enforcement agencies so as to reflect generally the contribution of such agencies to the seizure or forfeiture of such property; ``(3) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public; ``(4) require that the General Services Administration take custody of the property and dispose of it in accordance with law; ``(5) restore forfeited property to victims of an offense described in subsection (a); ``(6) destroy the property if it is harmful to the public or the expense of sale would exceed the amount realized from the sale; or ``(7) dispose of such funds or property as otherwise provided by law.''. (b) Clerical Amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by adding at the end the following new items: ``1347. Criminal forfeiture for violation of section 1341 or 1343. ``1348. Civil forfeiture for violation of section 1341 or 1343. ``1349. Disposition of forfeited property.''. SEC. 2. POSTAL SERVICE FUND AMENDMENT. Section 2003(b)(7) of title 39, United States Code, is amended to read as follows: ``(7) amounts (including proceeds from the sale of forfeited items) from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service, except that nothing in this paragraph shall preclude the Postal Service from sharing such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds.''.", "summary": "Amends the Federal criminal code to provide for criminal and civil forfeiture for mail and wire fraud. Makes specified procedures relating to forfeitures under the Controlled Substances Act applicable to forfeitures under this Act. Requires the court to order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture under this Act if, as a result of conduct of the defendant, the forfeited property cannot be located upon the exercise of due diligence or has been transferred or sold to, or deposited with, a third party, placed beyond the court's jurisdiction, substantially diminished in value, or commingled with other property which cannot be divided without difficulty. Directs that any such forfeited property be seized by the Attorney General or U.S. Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a U.S. district court having jurisdiction over the property, with exceptions for innocent owners or lienholders. Authorizes the Attorney General or Postal Service to seize such property without such process under specified circumstances. Directs the: (1) Attorney General, after providing for the rights of any innocent persons and deducting costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, to deposit the property forfeited or the proceeds from its sale in the Department of Justice Assets Forfeiture Fund; and (2) the Postal Service to deposit property forfeited or the proceeds into the Postal Service Fund. Sets forth provisions regarding: (1) restraint or staying of the sale or disposition of property pending appeal; and (2) rules for the disposition of such property and proceeds. Requires the deposit into the Postal Service Fund of amounts from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service. Allows the Postal Service to share such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``School Anti-Violence Empowerment Act''. TITLE I--SCHOOL SAFETY PROGRAMS SEC. 101. PROGRAM AUTHORIZED. The Secretary of Education is authorized to provide grants to local educational agencies to establish or enhance crisis intervention programs, including the hiring of school counselors and to enhance school safety programs for students, staff, and school facilities. SEC. 102. GRANT AWARDS. (a) Local Awards.--The Secretary shall award grants to local educational agencies on a competitive basis. (b) Grant Programs.--From the amounts appropriated under section 106, the Secretary shall reserve-- (1) 50 percent of such amount to award grants to local educational agencies to hire school counselors; and (2) 50 percent of such amount to award grants to local educational agencies to enhance school safety programs for students, staff, and school facilities. (c) Priority.--Such awards shall be based on one or more of the following factors: (1) Quality of existing or proposed violence prevention program. (2) Greatest need for crisis intervention counseling services. (3) Documented financial need based on number of students served under part A of title I of the Elementary and Secondary Education Act of 1965. (d) Equitable Distribution.--In awarding grants under this title, the Secretary shall ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. (e) Administrative Costs.--The Secretary may reserve not more than 1 percent from amounts appropriated under section 106 for administrative costs. (f) Eligibility.--A local educational agency that meets the requirements of this title shall be eligible to receive a grant to hire school counselors and a grant to enhance school safety programs for students, staff, and school facilities. SEC. 103. APPLICATIONS. (a) In General.--Each local educational agency desiring a grant under this title shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents.--Such application shall include a plan that contains the following: (1) In the case of a local educational agency applying for a grant to enhance school safety programs-- (A) a description of any existing violence prevention, safety, and crisis intervention programs; (B) proposed changes to any such programs and a description of any new programs; and (C) documentation regarding financial need. (2) In the case of a local educational agency applying for a grant to hire school counselors-- (A) a description of the need for a crisis intervention counseling program; and (B) documentation regarding financial need. SEC. 104. REPORTING. Each local educational agency that receives a grant under this title shall provide an annual report to the Secretary. In the case of a local educational agency that receives a grant to enhance school safety programs, such report shall describe how such agency used funds provided under this title and include a description of new school safety measures and changes implemented to existing violence prevention, safety, and crisis intervention programs. In the case of a local educational agency that receives a grant to hire school counselors, such report shall describe how such agency used funds provided under this title and include the number of school counselors hired with such funds. SEC. 105. DEFINITIONS. For purposes of this title: (1) The terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the same meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) The term ``school counselor'' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- (A) possesses State licensure or certification granted by an independent professional regulatory authority; (B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or (C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. (3) The term ``Secretary'' means the Secretary of Education. (4) the term ``school safety'' means the safety of students, faculty, and school facilities from acts of violence. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $700,000,000 for each of fiscal years 2000 through 2004. TITLE II--INCREASED COPS FUNDING SEC. 201. INCREASED FUNDING FOR THE COPS PROGRAM. Section 1001(a)(11) of part J of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended by adding at the end the following: ``(C) In addition to amounts made available under subparagraph (A), there are authorized to be appropriated to carry out part Q, to remain available until expended, the total amount of $1,500,000,000 for fiscal years 2000 through 2004, of which 50 percent shall be used for cooperative partnerships between schools and State and local police departments to provide for the use of police officers in schools.''. SEC. 202. GRANT AUTHORITY. Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) in subsection (i), by striking the second sentence; and (2) by striking subsection (k). TITLE III--21ST CENTURY LEARNING SEC. 301. AFTER-SCHOOL AND LIFE SKILLS PROGRAMS FOR AT-RISK YOUTH. Section 10907 of part I of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8247) is amended by striking ``appropriated'' and all that follows before the period and inserting the following: ``appropriated to carry out this part-- ``(1) such sums as may be necessary for fiscal year 1999; and ``(2) $250,000,000 for each of fiscal years 2000 through 2004''. TITLE IV--MODEL PROGRAM AND CLEARINGHOUSE SEC. 401. MODEL PROGRAM. Not later than 120 days after the date of the enactment of this Act, the Secretary of Education, in consultation with the Attorney General, shall develop a model violence prevention program to be made available to local educational agencies. SEC. 402. CLEARINGHOUSE. The Secretary of Education shall establish and maintain a national clearinghouse to provide technical assistance regarding the establishment and operation of alternative violence prevention programs. The national clearinghouse shall make information regarding alternative violence prevention programs available to local educational agencies.", "summary": "Requires awards to be based on one or more of the following factors: (1) quality of existing or proposed violence prevention program; (2) greatest need for crisis intervention counseling services; and (3) documented financial need based on number of students served under part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA). Authorizes appropriations. Title II: Increased COPS Funding - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through FY 2004 the authorization of appropriations for certain grant programs for Community Policing and \"Cops on the Beat\" (COPS program). Requires 50 percent of such funds to be used for cooperative partnerships between schools and State and local police departments to provide for the use of police officers in schools. Eliminates provisions for decreasing Federal matching funds and for terminating grant program authority (thus making the authority permanent). Title III: 21st Century Learning - Amends ESEA to extend through FY 2004 the authorization of appropriations for after-school and life skills programs for at-risk youth. Title IV: Model Program and Clearinghouse - Directs the Secretary to: (1) develop a model violence prevention program to be made available to LEAs; and (2) establish and maintain a national clearinghouse to provide LEAs with information on alternative violence prevention programs, and technical assistance to establish and to operate such programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Protection and Tax Relief Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Working people are subject to social security taxes as well as income taxes, and for over 90 percent of the population the combined tax on earned income is higher than the income tax rates of 15 percent and 28 percent that apply to unearned income. (2) There is no logical reason why social security taxes should be imposed only on earnings and not on unearned income (such as dividends, interest, rent income, and capital gains). SEC. 3. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end the following new part: ``PART VIII--SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME ``Sec. 59B. Social security tax on certain unearned income. ``SEC. 59B. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME. ``(a) Imposition of Tax.--In the case of an individual, there is hereby imposed (in addition to any other tax imposed by this subtitle) for each taxable year a tax equal to 12 percent of such individual's social security taxable income for such taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Social security taxable income.--The term `social security taxable income' means adjusted gross income reduced by the greater of-- ``(A) the sum of-- ``(i) the standard deduction applicable to the taxpayer (or which would be applicable if the taxpayer did not elect to itemize deductions for the taxable year), and ``(ii) the deduction for personal exemptions under section 151 (determined without regard to subsection (d)(3) thereof), or ``(B) the aggregate exempt income of the taxpayer for the taxable year. ``(2) Exempt income.--The term `exempt income' means the following amounts to the extent included in gross income: ``(A) Amounts received as a pension or annuity from a qualified plan (as defined in section 4980(c)(1)). ``(B) Amounts received as a social security benefit (as defined in section 86(d)). ``(C) Amounts received as earned income (within the meaning of section 911(d)). ``(c) Credits Not Allowed, Etc.--The tax imposed by this section shall not be treated as a tax imposed by this chapter for purposes of determining-- ``(1) the amount of any credit allowable under this chapter, or ``(2) the amount of the minimum tax imposed by section 55.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VIII. Social security tax on certain unearned income.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. (d) Transfers to Trust Funds.-- (1) In general.--There are hereby appropriated to the payor funds amounts equivalent to the tax imposed by section 59B of such Code (as added by this section). The Secretary of the Treasury shall make appropriate allocations of revenue received in the general fund of the Treasury to each payor fund. (2) Transfers.--The amounts appropriated by paragraph (1) to any payor fund shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter and shall take into account revenue estimated to be received during such quarter. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Definitions.--For purposes of this subsection-- (A) Payor fund.--The term ``payor fund'' means any trust fund or account from which payments of social security benefits are made. (B) Social security benefits.--The term ``social security benefits'' has the meaning given such term by section 86(d) of the Internal Revenue Code of 1986. SEC. 4. CHANGE IN RATES OF SOCIAL SECURITY TAXES. (a) Decrease in Rate of OASDI Tax on Employees.--The table in section 3101(a) of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: ``1990 or any year before 2002................ 6.2 percent ``2002 or thereafter.......................... 4.95 percent.'' (b) Decrease in Rate of OASDI Tax on Employers.--The table in section 3111(a) of such Code is amended by striking the last item and inserting the following: ``1990 or any year before 2002................ 6.2 percent ``2002 or thereafter.......................... 4.95 percent.'' (c) Decrease in Rate of OASDI Tax on Self-Employment Income.--The table in section 1401(a) of such Code is amended by striking the last item and inserting the following: ``December 31, 1989................. January 1, 2002........ 12.4 ``December 31, 2001................. ....................... 9.9.''", "summary": "Social Security Protection and Tax Relief Act of 2001 - Amends the Internal Revenue Code to impose a 12 percent tax on an individual's \"social security taxable income.\" Defines such income as adjusted gross income reduced by the greater of: (1) the sum of the standard deduction applicable to the taxpayer (or which would be applicable if the taxpayer did not elect to itemize deductions for the taxable year) and the deduction for personal exemptions (determined without regard to the phase out); or (2) the aggregate exempt income of the taxpayer for the taxable year. Defines such exempt income as amounts received as a pension or annuity, social security benefits, and earned income. Decreases the old age, survivors, and disability income (social security taxes) tax rates."}
{"article": "SECTION 1. DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS MAY BE USED WITHOUT PENALTY TO PURCHASE FIRST HOMES OR TO PAY HIGHER EDUCATION EXPENSES. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to exceptions to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end thereof the following new subparagraph: ``(D) Distributions from individual retirement plans for first home purchases or educational expenses.--Distributions to an individual from an individual retirement plan-- ``(i) which are qualified first-time homebuyer distributions (as defined in paragraph (6)); or ``(ii) to the extent such distributions do not exceed the qualified higher education expenses (as defined in paragraph (7)) of the taxpayer for the taxable year.'' (b) Definitions.--Section 72(t) of such Code is amended by adding at the end thereof the following new paragraphs: ``(6) Qualified first-time homebuyer distributions.--For purposes of paragraph (2)(D)(i)-- ``(A) In general.--The term `qualified first-time homebuyer distribution' means any payment or distribution received by an individual to the extent such payment or distribution is used by the individual before the close of the 60th day after the day on which such payment or distribution is received to pay qualified acquisition costs with respect to a principal residence of a first-time homebuyer who is such individual or the spouse, child, or grandchild of such individual. ``(B) Qualified acquisition costs.--For purposes of this paragraph, the term `qualified acquisition costs' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing, or other closing costs. ``(C) First-time homebuyer; other definitions.--For purposes of this paragraph-- ``(i) First-time homebuyer.--The term `first-time homebuyer' means any individual if-- ``(I) such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this paragraph applies, and ``(II) subsection (a)(6), (h), or (k) of section 1034 did not suspend the running of any period of time specified in section 1034 with respect to such individual on the day before the date the distribution is applied pursuant to subparagraph (A)(ii). ``(ii) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(iii) Date of acquisition.--The term `date of acquisition' means the date-- ``(I) on which a binding contract to acquire the principal residence to which subparagraph (A) applies is entered into, or ``(II) on which construction or reconstruction of such a principal residence is commenced. ``(D) Special rule where delay in acquisition.--If any distribution from any individual retirement plan fails to meet the requirements of subparagraph (A) solely by reason of a delay or cancellation of the purchase or construction of the residence, the amount of the distribution may be contributed to an individual retirement plan as provided in section 408(d)(3)(A)(i) (determined by substituting `120 days' for `60 days' in such section), except that-- ``(i) section 408(d)(3)(B) shall not be applied to such contribution, and ``(ii) such amount shall not be taken into account in determining whether section 408(d)(3)(A)(i) applies to any other amount. ``(7) Qualified higher education expenses.--For purposes of paragraph (2)(D)(ii)-- ``(A) In general.--The term `qualified higher education expenses' means tuition, fees, books, supplies, and equipment required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) the taxpayer's child (as defined in section 151(c)(3)) or grandchild, at an eligible educational institution (as defined in section 135(c)(3)). ``(B) Coordination with savings bond provisions.-- The amount of qualified higher education expenses for any taxable year shall be reduced by any amount excludable from gross income under section 135.'' (c) Effective Date.--The amendments made by this section shall apply to distributions received after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to allow penalty-free distributions from eligible individual retirement plans for qualified first-time home purchases or qualified higher education expenses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``World War II Memorial Completion Act''. SEC. 2. FUND RAISING BY AMERICAN BATTLE MONUMENTS COMMISSION FOR WORLD WAR II MEMORIAL. (a) Codification of Existing Authority; Expansion of Authority.-- (1) Chapter 21 of title 36, United States Code, is amended by adding at the end the following new section: ``Sec. 2113. World War II memorial in the District of Columbia ``(a) Definitions.--In this section: ``(1) The term `World War II memorial' means the memorial authorized by Public Law 103-32 (107 Stat. 90) to be established by the American Battle Monuments Commission on Federal land in the District of Columbia or its environs to honor members of the Armed Forces who served in World War II and to commemorate the participation of the United States in that war. ``(2) The term `Commission' means the American Battle Monuments Commission. ``(3) The term `memorial fund' means the fund created by subsection (c). ``(b) Solicitation and Acceptance of Contributions.--Consistent with the authority of the Commission under section 2103(e) of this title, the Commission shall solicit and accept contributions for the World War II memorial. ``(c) Creation of Memorial Fund.--(1) There is hereby created in the Treasury a fund for the World War II memorial, which shall consist of the following: ``(A) Amounts deposited, and interest and proceeds credited, under paragraph (2). ``(B) Obligations obtained under paragraph (3). ``(C) The amount of surcharges paid to the Commission for the World War II memorial under the World War II 50th Anniversary Commemorative Coins Act. ``(D) Amounts borrowed using the authority provided under subsection (e). ``(E) Any funds received by the Commission under section 2103(l) of this title in exchange for use of, or the right to use, any mark, copyright or patent. ``(2) The Chairman of the Commission shall deposit in the memorial fund the amounts accepted as contributions under subsection (b). The Secretary of the Treasury shall credit to the memorial fund the interest on, and the proceeds from sale or redemption of, obligations held in the memorial fund. ``(3) The Secretary of the Treasury shall invest any portion of the memorial fund that, as determined by the Chairman of the Commission, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Chairman of the Commission, has a maturity suitable for the memorial fund. ``(d) Use of Memorial Fund.--The memorial fund shall be available to the Commission for-- ``(1) the expenses of establishing the World War II memorial, including the maintenance and preservation amount provided for in section 8(b) of the Commemorative Works Act (40 U.S.C. 1008(b)); ``(2) such other expenses, other than routine maintenance, with respect to the World War II memorial as the Commission considers warranted; and ``(3) to secure, obtain, register, enforce, protect, and license any mark, copyright or patent that is owned by, assigned to, or licensed to the Commission under section 2103(l) of this title to aid or facilitate the construction of the World War II memorial. ``(e) Special Borrowing Authority.--(1) To assure that groundbreaking, construction, and dedication of the World War II memorial are completed on a timely basis, the Commission may borrow money from the Treasury of the United States in such amounts as the Commission considers necessary, but not to exceed a total of $65,000,000. Borrowed amounts shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the month in which the obligations of the Commission are issued. The interest payments on such obligations may be deferred with the approval of the Secretary of the Treasury, but any interest payment so deferred shall also bear interest. ``(2) The borrowing of money by the Commission under paragraph (1) shall be subject to such maturities, terms, and conditions as may be agreed upon by the Commission and the Secretary of the Treasury, except that the maturities may not exceed 20 years and such borrowings may be redeemable at the option of the Commission before maturity. ``(3) The obligations of the Commission shall be issued in amounts and at prices approved by the Secretary of the Treasury. The authority of the Commission to issue obligations under this subsection shall remain available without fiscal year limitation. The Secretary of the Treasury shall purchase any obligations of the Commission to be issued under this subsection, and for such purpose the Secretary of the Treasury may use as a public debt transaction of the United States the proceeds from the sale of any securities issued under chapter 31 of title 31. The purposes for which securities may be issued under such chapter are extended to include any purchase of the Commission's obligations under this subsection. ``(4) Repayment of the interest and principal on any funds borrowed by the Commission under paragraph (1) shall be made from amounts in the memorial fund. The Commission may not use for such purpose any funds appropriated for any other activities of the Commission. ``(f) Treatment of Borrowing Authority.--In determining whether the Commission has sufficient funds to complete construction of the World War II memorial, as required by section 8 of the Commemorative Works Act (40 U.S.C. 1008), the Secretary of the Interior shall consider the funds that the Commission may borrow from the Treasury under subsection (e) as funds available to complete construction of the memorial, whether or not the Commission has actually exercised the authority to borrow such funds. ``(g) Voluntary Services.--(1) Notwithstanding section 1342 of title 31, the Commission may accept from any person voluntary services to be provided in furtherance of the fund-raising activities of the Commission relating to the World War II memorial. ``(2) A person providing voluntary services under this subsection shall be considered to be a Federal employee for purposes of chapter 81 of title 5, relating to compensation for work-related injuries, and chapter 171 of title 28, relating to tort claims. A volunteer who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of such voluntary service, except that any volunteers given responsibility for the handling of funds or the carrying out of a Federal function are subject to the conflict of interest laws contained in chapter 11 of title 18, and the administrative standards of conduct contained in part 2635 of title 5, Code of Federal Regulations. ``(3) The Commission may provide for reimbursement of incidental expenses which are incurred by a person providing voluntary services under this subsection. The Commission shall determine which expenses are eligible for reimbursement under this paragraph. ``(4) Nothing in this subsection shall be construed to require Federal employees to work without compensation or to allow the use of volunteer services to displace or replace Federal employees. ``(h) Treatment of Certain Contracts.--A contract entered into by the Commission for the design or construction of the World War II memorial is not funding agreement as that term is defined in section 201 of title 35. ``(i) Extension of Authority to Establish Memorial.-- Notwithstanding section 10 of the Commemorative Works Act (40 U.S.C. 1010), the legislative authorization for the construction of the World War II memorial contained in Public Law 103-32 (107 Stat. 90) shall not expire until December 31, 2005.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2113. World War II memorial in the District of Columbia.''. (b) Conforming Amendments.--Public Law 103-32 (107 Stat. 90) is amended by striking sections 3, 4, and 5. (c) Effect of Repeal of Current Memorial Fund.--Upon the enactment of this Act, the Secretary of the Treasury shall transfer amounts in the fund created by section 4(a) of Public Law 103-32 (107 Stat. 91) to the fund created by section 2113 of title 36, United States Code, as added by subsection (a). SEC. 3. GENERAL AUTHORITY OF AMERICAN BATTLE MONUMENTS COMMISSION TO SOLICIT AND RECEIVE CONTRIBUTIONS. Subsection (e) of section 2103 of title 36, United States Code, is amended to read as follows: ``(e) Solicitation and Receipt of Contributions.--(1) The Commission may solicit and receive funds and in-kind donations and gifts from any State, municipal, or private source to carry out the purposes of this chapter. The Commission shall deposit such funds in a separate account in the Treasury. Funds from this account shall be disbursed upon vouchers approved by the Chairman of the Commission as well as by a Federal official authorized to sign payment vouchers. ``(2) The Commission shall establish written guidelines setting forth the criteria to be used in determining whether the acceptance of funds and in-kind donations and gifts under paragraph (1) would-- ``(A) reflect unfavorably on the ability of the Commission, or any employee of the Commission, to carry out the responsibilities or official duties of the Commission in a fair and objective manner; or ``(B) compromise the integrity or the appearance of the integrity of the programs of the Commission or any official involved in those programs.''. SEC. 4. INTELLECTUAL PROPERTY AND RELATED ITEMS. Section 2103 of title 36, United States Code, is amended by adding at the end the following new subsection: ``(l) Intellectual Property and Related Items.--(1) The Commission may-- ``(A) adopt, use, register, and license trademarks, service marks, and other marks; ``(B) obtain, use, register, and license the use of copyrights consistent with section 105 of title 17; ``(C) obtain, use, and license patents; and ``(D) accept gifts of marks, copyrights, patents and licenses for use by the Commission. ``(2) The Commission may grant exclusive and nonexclusive licenses in connection with any mark, copyright, patent, or license for the use of such mark, copyright or patent, except to extent the grant of such license by the Commission would be contrary to any contract or license by which the use of such mark, copyright or patent was obtained. ``(3) The Commission may enforce any mark, copyright, or patent by an action in the district courts under any law providing for the protection of such marks, copyrights, or patents. ``(4) The Attorney General shall furnish the Commission with such legal representation as the Commission may require under paragraph (3). The Secretary of Defense shall provide representation for the Commission in administrative proceedings before the Patent and Trademark Office and Copyright Office. ``(5) Section 203 of title 17 shall not apply to any copyright transferred in any manner to the Commission.''.", "summary": "World War II Memorial Completion Act - Directs the American Battle Monuments Commission to solicit and accept contributions for establishing the World War II memorial in the District of Columbia or its environs (authorized under prior law). Establishes in the Treasury a fund to hold and expend such contributions. Authorizes the Commission to: (1) borrow up to $65 million from the Treasury to ensure that memorial groundbreaking, construction, and dedication are completed on a timely basis; and (2) accept voluntary services in furtherance of fund-raising activities (authorizing reimbursement of volunteer incidental expenses). Extends until December 31, 2005 (currently, May 25, 2000), the authority to construct the memorial. Revises current Commission authority to receive State, local, and private amounts for establishing the memorial to: (1) authorize the Commission to solicit (instead of just receive) such contributions; and (2) require the deposit of such amounts in the fund created under this Act. Requires the Commission to establish written guidelines for the acceptance of funds and in-kind contributions. Authorizes the Commission to adopt, obtain, use, register, and license trademarks, copyrights, and patents in connection with intellectual property and related items."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Sexual Violence Elimination Act'' or the ``Campus SaVE Act''. SEC. 2. CAMPUS SEXUAL VIOLENCE, INTIMATE PARTNER VIOLENCE, AND STALKING EDUCATION AND PREVENTION. Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by amending paragraph (8) to read as follows: ``(8)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding-- ``(i) such institution's sexual assault and other intimate partner violence programs, which shall be aimed at prevention of sex offenses and other intimate partner violence, including stalking, dating violence, sexual violence, and domestic violence offenses; ``(ii) the procedures followed once a sex offense or other intimate partner violence, including stalking, dating violence, sexual violence, or domestic violence offenses has occurred, which shall include-- ``(I) providing, in writing, to each student or employee who reports to the institution that he or she has been a victim of a sex offense or other intimate partner violence-- ``(aa) an explanation of the right of victims of such offenses to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student or employee so chooses; ``(bb) an explanation of the right of victims of such offenses, when relevant, to obtain an order of protection, no contact order, restraining order, or similar lawful order issued by a criminal or civil court or enforce an order already in existence; and ``(cc) contact information for advocacy, counseling, health, mental health, legal assistance and other services available to victims both on-campus and in the local community; and ``(II) the institution honoring any order of protection, no contact order, restraining order, or similar lawful order issued by any criminal or civil court. ``(B) The policy described in subparagraph (A) shall address the following areas: ``(i) Education programs to promote the awareness of sex offenses and other intimate partner violence, including stalking, dating violence, sexual violence, and domestic violence offenses, which shall include-- ``(I) primary prevention and awareness programming for all incoming students and new employees, including information about-- ``(aa) the definition of consent in sexual relationships; ``(bb) reporting such sex offenses, including those offenses occurring on and off campus; ``(cc) bystander intervention; and ``(dd) risk reduction; and ``(II) ongoing prevention and awareness campaigns to students and faculty, including information described in items (aa) through (dd) of subclause (I). ``(ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding sex offenses or other intimate partner violence. ``(iii) Procedures victims should follow if a sex offense described in clause (ii) occurs, including who should be contacted, the importance of preserving evidence as may be necessary to the proof of criminal sexual assault, and to whom the alleged offense should be reported. ``(iv) Procedures for on-campus disciplinary action in cases of an alleged sexual offense or other intimate partner violence, including stalking, dating violence, sexual violence, or domestic violence offenses, which shall include a clear statement that-- ``(I) any accuser shall have the opportunity to request that prompt disciplinary proceedings be initiated against the accused; ``(II) such proceedings shall-- ``(aa) be conducted by officials trained to understand the issues of sex offenses and other intimate partner violence; and ``(bb) use the preponderance of the evidence standard; ``(III) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and ``(IV) both the accuser and the accused shall be informed, in writing, of the final results of any institutional disciplinary proceeding brought alleging a sex offense or other intimate partner violence within one business day of such outcome being reached. ``(v) A student or employee who reports to the institution that he or she have been the victim of a sex offense or intimate partner violence shall receive notification of options for, and available assistance in, changing academic, living, transportation, and working situations, if such assistance is requested by the student or employee and if such accommodations are reasonably available. ``(C) Nothing in this paragraph shall be construed to confer a private right of action upon any person to enforce the provisions of this paragraph.''; (2) in paragraph (6), by adding at the end of subparagraph (A) the following new clauses: ``(iv) The term `intimate partner violence'-- ``(I) means any physical, sexual, or psychological harm against an individual by a current or former partner or spouse of the individual; ``(II) includes stalking, dating violence, sexual violence, or domestic violence offense; ``(III) includes such harm against individuals in heterosexual and same- sex relationships; and ``(IV) does not require sexual intimacy between the individual and such partner or spouse. ``(v) The term `stalking' means an individual willfully and repeatedly engaging in a knowing course of harassing conduct directed at another individual that reasonably and seriously alarms, torments, or terrorizes such individual. ``(vi) The term `primary prevention' means programming and strategies intended to stop sexual and intimate partner violence before it occurs through the changing of social norms and other approaches. ``(vii) The term `awareness programming' means any program designed to alert students to the prevalence of intimate partner violence, sexual violence, and stalking, including-- ``(I) discussions of the nature and number of cases of intimate partner violence, sexual violence, forcible sex offenses, and stalking reported at an institution of higher education in the 3 preceding calendar years; ``(II) statistics on the outcomes of disciplinary proceedings for such cases at such institution; and ``(III) risk factors associated with such cases, including physically, sexually, and psychologically controlling behavior. ``(viii) The term `bystander intervention' means safe and positive options that may be carried out by an individual to prevent or intervene when there is a risk of sexual violence against a person other than such individual. ``(ix) The term `risk reduction' means options for recognizing warning signs of abusive personalities and how to fight back against potential attackers. ``(x) The term `final results' means a decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within the institution. The disclosure of final results shall include only the name of the accused, the violation alleged (including any institutional rules or code sections that were allegedly violated), essential findings supporting such final result, and any sanction imposed by the institution against the accused (including a description of any disciplinary action taken by the institution, the date of the imposition of such action, and the duration of such action).''; and (3) by adding at the end of paragraph (16) the following new sentence: ``The Secretary shall seek the advice and counsel of the Attorney General concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of sex offenses, forcible and nonforcible, and other intimate partner violence including stalking, dating violence, sexual violence, and domestic violence offenses.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect with respect to any annual security report under section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution of higher education in calendar year 2012 and any subsequent calendar year.", "summary": "Campus Sexual Violence Elimination Act or Campus SaVE Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except foreign schools) to include in its annual security report a statement of policy regarding its sexual assault and other intimate partner violence programs and the procedures it follows when such an offense occurs. Requires such procedures to include the provision, in writing, to students or employees that report to the IHE that they have been the victim of such an offense: (1) an explanation of their right to notify proper law enforcement authorities and their option to be assisted by campus authorities in doing so; (2) an explanation of their right to obtain protective orders or enforce protective orders that are already in existence, which the IHE must honor; and (3) contact information for victim services on-campus and in the locality. Requires an IHE's policy regarding sexual assault and other intimate partner violence to include: (1) education that promotes awareness of the offenses; (2) possible sanctions imposed following disciplinary action; (3) procedures victims should follow after such an offense occurs; (4) on-campus disciplinary procedures; and (5) the notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations. Directs the Secretary of Education to seek the Attorney General's counsel regarding the development, and dissemination to IHEs, of best practices for preventing and responding to sex offenses and other intimate partner violence."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Education Reimbursement Act of 2005''. SEC. 2. FAMILY EDUCATION REIMBURSEMENT ACCOUNTS. (a) Establishment.--The Secretary of Education, in consultation with the Secretary of Health and Human Services, shall-- (1) establish a Family Education Reimbursement Account Program under which, at the direction of the parent of each displaced student who signs up under subsection (d), the Secretary provides reimbursement to enable the student or preschool-age child to attend the school or preschool program of his or her parent's choice during the 2005-2006 school year; (2) of the amount available to carry out this section for fiscal year 2006, use not more than one third of one percent of such amount for administrative expenses, including outreach, support services, and dissemination of information; and (3) contract with a nongovernmental entity to administer and operate the program. (b) Reimbursement.-- (1) In general.--In carrying out this section, the Secretary-- (A) shall allow the parent of the participating displaced student to select the school or preschool program to be attended by the student during the 2005- 2006 school year; (B) at the direction of the parent, shall provide reimbursement to that school or preschool program on a quarterly basis; and (C) in the case of a public school, may provide such reimbursement to the appropriate local fiscal agent for the school. (2) Amount.--In providing reimbursement under paragraph (1), the Secretary shall-- (A) determine the amount of reimbursement to a school or preschool program based on the number of weeks during which the participating displaced student attended the school or preschool program during the preceding quarter; (B) subject to subparagraph (C), provide the same amount of reimbursement to each school and preschool program for each week of attendance by one participating displaced student; (C) not provide reimbursement that exceeds the actual cost of the school for educating students, or the actual cost of the preschool program, for the same period for students who are not displaced students; (D) not provide reimbursement of more than $6,700 on behalf of any student for the 2005-2006 school year; and (E) discontinue reimbursement once a displaced student returns to the school he or she attended prior to August 29, 2005. (3) Use of funds.--The Secretary may provide reimbursement under paragraph (1) on behalf of a displaced student only if the school or preschool program involved agrees-- (A) to use the reimbursement for providing educational and other services to the displaced student; and (B) not to use the reimbursement for the construction or renovation of facilities. (c) Accounting of Funds.--The Secretary shall provide an appropriate accounting of funds for each school or program that receives a payment on behalf of one or more participating displaced students under this section. (d) Registration.-- (1) In general.--To seek to participate in the program under this section, the parent of a displaced student shall sign up by means of the Internet site, toll-free telephone number, or paper form developed under subsection (e). (2) Account numbers.--Upon completion of registration for the program under this section-- (A) the displaced student shall be assigned an account number; and (B) the account number shall be made available to the parent of the student. (3) Families.--If a parent has more than one child who is a displaced student-- (A) the parent shall be allowed to register each child under this subsection at the same time; and (B) the same account number under paragraph (2) shall be provided to each child. (e) FERA System Development and Establishment.-- (1) In general.--The Secretary shall develop and implement a web-based system-- (A) to support the registration in the program under this section of displaced students by means of an Internet site, toll-free telephone number, or paper form; and (B) to facilitate the timely payment of funds from the accounts of families participating in the program under this section to the school or preschool program authorized to be reimbursed for educational and other services rendered. (2) System requirements.-- (A) Internet site; toll-free telephone number; paper form.--The Internet site and toll-free telephone number developed pursuant to paragraph (1)-- (i) shall be integrated with each other; (ii) shall, with respect to the toll-free telephone number, not be fully automated; (iii) shall be operational not later than 2 weeks after the date of the enactment of this section; (iv) shall include privacy controls, consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g); (v) shall be accessible to participating displaced students and their parents for the purpose of determining-- (I) the amount expended under this section on the student's behalf to date; and (II) the amount remaining for expenditure under this section on the student's behalf; (vi) shall be accessible to schools and preschool programs for the purpose of facilitating reimbursement under subsection (b); (vii) shall support non-English speaking parents by providing information and registration in an understandable and uniform format and, to the extent practicable, in a language the parents can understand; (viii) may use existing Federal grant management and electronic payment systems; (ix) shall include information technology and other controls necessary to prevent fraud and overpayment, including mechanisms to validate family and school information; and (x) shall provide technical support services (including support for registration and processing of accounts) to the families of participating displaced students and the schools and preschool programs in which the students are enrolled. (B) Payment system.--The Secretary shall ensure that-- (i) the payment system required to carry out this section is operational not later than 4 weeks after the date of the enactment of this section; and (ii) the first disbursements under this section are made not later than 5 weeks after the date of the enactment of this section. (3) Contractor requirements.--The Secretary shall award the contract required by subsection (a)(3) to a nongovernmental entity that-- (A) has experience meeting the requirements described in paragraph (2)(A); (B) demonstrates expertise in the development and operation of information technology infrastructures, including the manufacture and supply of hardware and software, information management, electronic fund transfer payment systems, and customer relations management and outreach; (C) demonstrates significant experience in the development, implementation, and technical support for payment management systems operated by agencies of the Federal Government, including the Department of Education and the Department of Health and Human Services; and (D) is based, and operates help desk services, in the United States. (f) Transferring Students.-- (1) In general.--Subject to paragraph (2), the Secretary shall continue to provide reimbursement under this section on behalf of a participating displaced student who transfers to one or more schools or preschool programs during the 2005-2006 school year. (2) Exception.--The Secretary shall not provide reimbursement under this section on behalf of a participating displaced student with respect to any school or preschool program which the student attends for less than 2 consecutive weeks during the 2005-2006 school year. (g) Additional Amount for Administrative Expenses.--In providing reimbursement to an entity under this section-- (1) the Secretary shall include an additional amount equal to 1 percent of the total amount of such reimbursement to the entity for the purpose of defraying administrative expenses; (2) such additional amount shall not be counted for purposes of the maximum reimbursement amount specified in subsections (b)(2)(C) and (b)(2)(D); and (3) of the amount specified in subsections (b)(2)(C) and (b)(2)(D), 100 percent of such amount shall be made available to the school or preschool program. (h) Procurement.--For purposes of the contract required by subsection (a)(3), the following provisions of Federal acquisition law shall not apply: (1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (2) The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.). (3) The Federal Acquisition Streamlining Act of 1994 (Public Law 103-355). (4) The Competition in Contracting Act. (5) Subchapter V of chapter 35 of title 31, relating to the procurement protest system. (6) The Federal Acquisition Regulation and any laws not listed in paragraphs (1) through (5) providing authority to promulgate regulations in the Federal Acquisition Regulation. (i) Audit.--The Secretary may provide reimbursement under this section to a school or program on behalf of a displaced student only if the school or program agrees to allow the Secretary to conduct an audit to review and verify that the school or program is using the reimbursement in accordance with subsection (b)(3). (j) Nondiscrimination.-- (1) In general.--The Secretary may provide reimbursement under this section to a school or preschool program only if the school or program agrees not to discriminate against participating displaced students (including applicants) on the basis of race, color, national origin, religion, or sex. (2) Applicability and single sex schools, classes, or activities.-- (A) In general.--Notwithstanding any other provision of law, the prohibition of sex discrimination in paragraph (1) shall not apply to a school or preschool program that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of paragraph (1) is inconsistent with the religious tenets or beliefs of the school or program. (B) Single sex schools, classes, or activities.-- Notwithstanding paragraph (1) or any other provision of law, a parent may choose and a school may offer a single sex school, class, or activity. (3) Children with disabilities.--Nothing in this section may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act. (4) Religiously affiliated schools.-- (A) In general.--Notwithstanding any other provision of law, a school or preschool program receiving reimbursement under this section that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions in such title. (B) Maintenance of purpose.--Notwithstanding any other provision of law, funds made available under this section on behalf of participating displaced students that are received by a school or preschool program, as a result of their parents' choice, shall not, consistent with the first amendment of the United States Constitution, necessitate any change in the school or program's teaching mission, require any school or program to remove religious art, icons, scriptures, or other symbols, or preclude any school or program from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents. (5) Rule of construction.--Reimbursement (or any other form of support provided on behalf of participating displaced students) under this section shall be considered assistance to the student and shall not be considered assistance to the school or preschool program that enrolls the student. (k) Reports.--At the end of each quarter described in subsection (b)(2)(A), the Secretary shall submit a report to the appropriate committees of the Congress describing the implementation and results of the program under this section. Such report shall-- (1) specify the number of children served, the percentage of funds used on instructional activities, and the percentage of funds used for supplemental educational services; and (2) include information on the mobility of displaced students. (l) Definitions.--In this section: (1) The term ``displaced student'' means a student who is at least 4 years old, has not completed 12th grade, and would have attended another school or preschool program during the 2005-2006 school year, but for the fact that-- (A) the school, the program, or the surrounding area was damaged by a Gulf hurricane disaster; and (B) the school or program could not reopen shortly after the disaster. (2) The term ``Gulf hurricane disaster'' means a major disaster that was declared to exist by the President, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and was caused by Hurricane Katrina or Hurricane Rita. (3) The term ``parent'' has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) The term ``participating displaced student'' means a displaced student participating in the program under this section. (5) The term ``preschool program'' means a public or private program serving 4 or 5 year old children, including any such Head Start program, that is in compliance with applicable State health and safety requirements. (6) The term ``school'' means a public or private elementary school or secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), including a religious elementary school or secondary school, that was legally operating in the State involved before September 1, 2005. (7) The term ``Secretary'' means the Secretary of Education, in consultation with the Secretary of Health and Human Services. (m) Funding.-- (1) In general.--Out of funds not otherwise appropriated, there is hereby appropriated to the Secretary of Education, to carry out this section, $2,500,000,000, to remain available through the period ending on July 31, 2006. Any such funds that are not obligated by the end of such period shall revert to the Treasury. (2) Contributions.--Under such terms and conditions as the Secretary may impose, the Secretary may, for the purpose of carrying out this section, accept and use such amounts as may be contributed by individuals, business concerns, or other entities for such purpose.", "summary": "Family Education Reimbursement Act of 2005 - Directs the Secretary of Education to establish a Family Education Reimbursement Account Program for families of students displaced by Hurricane Katrina or Hurricane Rita. Provides for reimbursing parents for costs of such students or preschool-age children attending schools or preschool programs, chosen by the parents, during the 2005\u00962006 school year. Requires the Secretary to make a contract with a nongovernmental entity to administer and operate the program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lamprey Wild and Scenic River Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Lamprey River Study Act of 1991 (Public Law 102- 214; 105 Stat. 1663) authorized the study of a segment of the Lamprey River in New Hampshire for potential inclusion in the National Wild and Scenic Rivers System; (2) the study determined that the segment of river from the Bunker Pond Dam in Epping, New Hampshire, to the confluence with the Piscassic River near the Durham-Newmarket town line is eligible for inclusion in the National Wild and Scenic Rivers System based on the free-flowing condition and outstanding ecological, anadromous fish, and historical values of the segment; (3) during the study, the Lamprey River Advisory Committee, with assistance from the National Park Service and the New Hampshire Department of Environmental Services, prepared a comprehensive management plan for the studied river segment, dated January 10, 1995 (referred to in this Act as the ``Lamprey River Management Plan''), which establishes objectives, standards, and action programs that will ensure long-term protection of the outstanding values of the river and compatible management of the land and water resources of the river, without Federal management of affected lands not owned by the United States; (4) the Lamprey River Advisory Committee has unanimously voted in favor of wild and scenic river designation for the river, and has included this recommendation as an integral part of the Lamprey River Management Plan; and (5)(A) the governing bodies of the towns of Newmarket, Durham, and Lee have voted to endorse the Lamprey River Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System; and (B) the upstream town of Epping, which participated in the study on an informal basis, has chosen not to vote on the Lamprey River Management Plan or designation at this time. SEC. 3. DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``( ) Lamprey river, new hampshire.--The 11.5-mile segment extending from the southern Lee town line to the confluence with the Piscassic River in the vicinity of the Durham- Newmarket town line (referred to in this paragraph as the `segment') as a recreational river. The segment shall be administered by the Secretary of the Interior through cooperative agreements between the Secretary and the State of New Hampshire and the towns of Durham, Lee, and Newmarket, New Hampshire, under section 10(e). The segment shall be managed in accordance with the Lamprey River Management Plan dated January 10, 1995, and such amendments to the plan as the Secretary of the Interior determines are consistent with this Act. The plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d).''. SEC. 4. MANAGEMENT. (a) Committee.--The Secretary of the Interior shall coordinate the management responsibilities of the Secretary under this Act and the amendment made by this Act with respect to the river segment designated by the amendment made by section 3 (referred to in this section as the ``segment'') with the Lamprey River Advisory Committee established under section 483 of the New Hampshire Revised Statutes Annotated. (b) Land Management.-- (1) Zoning ordinances.--For the purposes of the segment, the zoning ordinances adopted by the towns of Durham, Lee, and Newmarket, New Hampshire, including provisions for conservation of shorelands, floodplains, and wetlands associated with the segment, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisition of lands.--The provisions of section 6(c) that prohibit Federal acquisition of lands by condemnation shall apply to the segment. The authority of the Secretary to acquire lands for the purposes of the segment shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands, and shall be subject to the additional criteria set forth in the Lamprey River Management Plan. SEC. 5. UPSTREAM SEGMENT. Upon request by the town of Epping, New Hampshire, which abuts an additional 12 miles of river found eligible for designation as a recreational river under the study described in section 2(1), the Secretary of the Interior shall offer assistance concerning continued involvement of the town of Epping in the implementation of the Lamprey River Management Plan and in consideration of potential future addition of the portion of the river within Epping as a component of the National Wild and Scenic Rivers System. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendment made by this Act.", "summary": "Lamprey Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act (the Act) to designate a specified segment of the Lamprey River in New Hampshire as a component of the National Wild and Scenic Rivers System. Requires the segment to be: (1) administered as a recreational river by the Secretary of the Interior through cooperative agreements between the Secretary and the State of New Hampshire and the towns of Durham, Lee, and Newmarket, New Hampshire; and (2) managed in accordance with the Lamprey River Management Plan. Deems the Plan to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Secretary to coordinate the Secretary's management responsibilities under this Act with the Lamprey River Advisory Committee. Deems the zoning ordinances adopted by such towns, including provisions for conservation of shorelands, floodplains, and wetlands associated with the segment, to satisfy the standards and requirements of the Act. Applies to the segment provisions of the Act which prohibit Federal acquisition of lands by condemnation. Provides that the acquisition of lands for purposes of this Act shall be limited to donation or acquisition with the owner's consent and shall be subject to the additional criteria set forth in the Plan. Requires the Secretary to offer assistance regarding continued involvement of the town of Epping, New Hampshire, in the implementation of the Plan and in consideration of potential future addition of that portion of the River within Epping as a component of the System. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Emergency Treatment Act'' or the ``VET Act''. SEC. 2. CLARIFICATION OF EMERGENCY HOSPITAL CARE FURNISHED BY THE SECRETARY OF VETERANS AFFAIRS TO CERTAIN VETERANS. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1730A the following new section: ``Sec. 1730B. Examination and treatment for emergency medical conditions and women in labor ``(a) Medical Screening Examinations.--In carrying out this chapter, if any enrolled veteran requests, or a request is made on behalf of the veteran, for examination or treatment for a medical condition, regardless of whether such condition is service-connected, at a hospital emergency department of a medical facility of the Department, the Secretary shall ensure that the veteran is provided an appropriate medical screening examination within the capability of the emergency department, including ancillary services routinely available to the emergency department, to determine whether an emergency medical condition exists. ``(b) Necessary Stabilizing Treatment for Emergency Medical Conditions and Labor.--(1) If an enrolled veteran comes to a medical facility of the Department and the Secretary determines that the veteran has an emergency medical condition, the Secretary shall provide either-- ``(A) such further medical examination and such treatment as may be required to stabilize the medical condition; or ``(B) for the transfer of the veteran to another medical facility of the Department or a non-Department facility in accordance with subsection (c). ``(2) The Secretary is deemed to meet the requirement of paragraph (1)(A) with respect to an enrolled veteran if the Secretary offers the veteran the further medical examination and treatment described in such paragraph and informs the veteran (or an individual acting on behalf of the veteran) of the risks and benefits to the veteran of such examination and treatment, but the veteran (or individual) refuses to consent to the examination and treatment. The Secretary shall take all reasonable steps to secure the written informed consent of such veteran (or individual) to refuse such examination and treatment. ``(3) The Secretary is deemed to meet the requirement of paragraph (1) with respect to an enrolled veteran if the Secretary offers to transfer the individual to another medical facility in accordance with subsection (c) of this section and informs the veteran (or an individual acting on behalf of the veteran) of the risks and benefits to the veteran of such transfer, but the veteran (or individual) refuses to consent to the transfer. The hospital shall take all reasonable steps to secure the written informed consent of such veteran (or individual) to refuse such transfer. ``(c) Restriction of Transfers Until Veteran Stabilized.--(1) If an enrolled veteran at a medical facility of the Department has an emergency medical condition that has not been stabilized, the Secretary may not transfer the veteran to another medical facility of the Department or a non-Department facility unless-- ``(A)(i) the veteran (or a legally responsible individual acting on behalf of the veteran), after being informed of the obligation of the Secretary under this section and of the risk of transfer, requests in writing a transfer to another medical facility; ``(ii) a physician has signed a certification (including a summary of the risks and benefits) that, based upon the information available at the time of transfer, the medical benefits reasonably expected from the provision of appropriate medical treatment at another medical facility outweigh the increased risks to the veteran and, in the case of labor, to the unborn child from effecting the transfer; or ``(iii) if a physician is not physically present in the emergency department at the time a veteran is transferred, a qualified medical person (as defined by the Secretary in regulations) has signed a certification described in clause (ii) after a physician, in consultation with the person, has made the determination described in such clause, and subsequently countersigns the certification; and ``(B) the transfer is an appropriate transfer as described in paragraph (2). ``(2) An appropriate transfer to a medical facility is a transfer-- ``(A) in which the transferring medical facility provides the medical treatment within the capacity of the facility that minimizes the risks to the health of the enrolled veteran and, in the case of a woman in labor, the health of the unborn child; ``(B) in which the receiving facility-- ``(i) has available space and qualified personnel for the treatment of the veteran; and ``(ii) has agreed to accept transfer of the veteran and to provide appropriate medical treatment; ``(C) in which the transferring facility sends to the receiving facility all medical records (or copies thereof), related to the emergency condition for which the veteran has presented, available at the time of the transfer, including records related to the emergency medical condition of the veteran, observations of signs or symptoms, preliminary diagnosis, treatment provided, results of any tests and the informed written consent or certification (or copy thereof) provided under paragraph (1)(A), and the name and address of any on-call physician (described in subsection (d)(1)(C) of this section) who has refused or failed to appear within a reasonable time to provide necessary stabilizing treatment; ``(D) in which the transfer is effected through qualified personnel and transportation equipment, as required including the use of necessary and medically appropriate life support measures during the transfer; and ``(E) that meets such other requirements as the Secretary may find necessary in the interest of the health and safety of veterans transferred. ``(d) Charges.--(1) Nothing in this section may be construed to affect any charges that the Secretary may collect from a veteran or third party. ``(2) The Secretary shall treat any care provided by a non- Department facility pursuant to this section as care otherwise provided by a non-Department facility pursuant to this chapter for purposes of paying such non-Department facility for such care. ``(e) Nondiscrimination.--A medical facility of the Department or a non-Department facility, as the case may be, that has specialized capabilities or facilities (such as burn units, shock-trauma units, neonatal intensive care units, or (with respect to rural areas) regional referral centers as identified by the Secretary in regulation) shall not refuse to accept an appropriate transfer of an enrolled veteran who requires such specialized capabilities or facilities if the facility has the capacity to treat the veteran. ``(f) No Delay in Examination or Treatment.--A medical facility of the Department or a non-Department facility, as the case may be, may not delay provision of an appropriate medical screening examination required under subsection (a) or further medical examination and treatment required under subsection (b) of this section in order to inquire about the method of payment or insurance status of an enrolled veteran. ``(g) Whistleblower Protections.--The Secretary may not take adverse action against an employee of the Department because the employee refuses to authorize the transfer of an enrolled veteran with an emergency medical condition that has not been stabilized or because the employee reports a violation of a requirement of this section. ``(h) Definitions.--In this section: ``(1) The term `emergency medical condition' means-- ``(A) a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in-- ``(i) placing the health of the enrolled veteran (or, with respect to an enrolled veteran who is a pregnant woman, the health of the woman or her unborn child) in serious jeopardy; ``(ii) serious impairment to bodily functions; or ``(iii) serious dysfunction of any bodily organ or part; or ``(B) with respect to an enrolled veteran who is a pregnant woman having contractions-- ``(i) that there is inadequate time to effect a safe transfer to another hospital before delivery; or ``(ii) that transfer may pose a threat to the health or safety of the woman or the unborn child. ``(2) The term `enrolled veteran' means a veteran who is enrolled in the health care system established under section 1705(a) of this title. ``(3) The term `to stabilize' means, with respect to an emergency medical condition described in paragraph (1)(A), to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the enrolled veteran from a facility, or, with respect to an emergency medical condition described in paragraph (1)(B), to deliver (including the placenta). ``(4) The term `stabilized' means, with respect to an emergency medical condition described in paragraph (1)(A), that no material deterioration of the condition is likely, within reasonable medical probability, to result from or occur during the transfer of the individual from a facility, or, with respect to an emergency medical condition described in paragraph (1)(B), that the woman has delivered (including the placenta). ``(5) The term `transfer' means the movement (including the discharge) of an enrolled veteran outside the facilities of a medical facility of the Department at the direction of any individual employed by (or affiliated or associated, directly or indirectly, with) the Department, but does not include such a movement of an individual who-- ``(A) has been declared dead; or ``(B) leaves the facility without the permission of any such person.''. (b) Clerical Amendment.--The table of sections of such chapter is amended by inserting after the item relating to section 1730A the following new item: ``1730B. Examination and treatment for emergency medical conditions and women in labor.''.", "summary": "Veterans Emergency Treatment Act or the VET Act This bill requires that a veteran enrolled in the Department of Veterans Affairs (VA) health care program who requests a medical examination or treatment at an emergency department of a VA medical facility be provided with a medical screening examination to determine whether an emergency medical condition exists and, if so, stabilizing medical treatment or a transfer to another VA or non-VA medical facility. If a non-stabilized emergency medical condition exists, the VA hospital may not transfer the veteran unless: (1) the veteran, after being made aware of the risks, makes a written transfer request; or (2) a physician (or a qualified medical person if a physician is not present) certifies that the medical benefits of a transfer outweigh the risks. The VA may not take adverse action against a VA employee because the employee refuses to authorize the transfer of an enrolled veteran with a non-stabilized emergency medical condition or because the employee reports a violation of a requirement of this bill. A VA or non-VA medical facility may not delay provision of an appropriate medical screening examination or further medical examination and treatment required in order to inquire about the payment method or insurance status of an enrolled veteran."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Inspection Amendments of 1994''. SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION ACT. (a) Removal of Intrastate Distribution Limitation.--Section 301(a)(1) of the Federal Meat Inspection Act (21 U.S.C. 661(a)(1)) is amended by striking ``solely for distribution within such State''. (b) Use of State Inspectors.--Section 301(a) of such Act (21 U.S.C. 661(a)) is amended by adding at the end the following new paragraph: ``(5) In addition to appointing inspectors under section 21, the Secretary may enter into an agreement with a State or the District of Columbia to utilize an officer or employee of the State or the District of Columbia to conduct any examination, investigation, or inspection authorized under this Act, if the Secretary determines that it is practicable for the examination, investigation, or inspection to be so conducted.''. (c) Termination of Designation of State as Subject to Federal Inspection for Intrastate Distribution.--Section 301(c)(3) of such Act (21 U.S.C. 661(c)(3)) is amended by striking ``, with respect to the operations and transactions within such State which are regulated under subparagraph (1), he'' and inserting ``with respect to each establishment within the jurisdiction of the State that does not operate under Federal inspection under title I and at which any cattle, sheep, swine, goat, or equine is slaughtered, or the carcass of the animal, or a part or product of the carcass of the animal, is prepared, for use as human food, and with respect to the distribution of each carcass, part of a carcass, meat, or meat food product of the animal within the State, the Secretary''. (d) Expansion of State Inspection Authority.--Section 301 of such Act (21 U.S.C. 661) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) Except as provided in paragraph (2), a carcass, part of a carcass, meat, or meat food product of a cattle, sheep, swine, goat, or equine prepared under State inspection in a State (other than a State designated under subsection (c)) in compliance with the meat inspection law of the State shall be eligible for sale or transportation in interstate commerce, and for entry into and use in the preparation of a product in an establishment at which Federal inspection is maintained under title I, in the same manner and to the same extent as a product prepared at the establishment. ``(2) A State-inspected article described in paragraph (1), and a federally inspected article prepared (in whole or in part) from the State-inspected article-- ``(A) shall not be eligible for sale or transportation in foreign commerce; and ``(B) shall be separated at all times from all other federally inspected articles in a federally inspected establishment that engages in the preparation, sale, or transportation of carcasses, parts of carcasses, meat, or meat food products, for foreign commerce. ``(3) Each carcass, part of a carcass, meat, or meat food product that is inspected in a program of inspection in a State (other than a State designated under subsection (c)) pursuant to State law shall be identified as so inspected only by an official mark that identifies the State and is of such design as the State shall prescribe. A federally inspected article prepared (in whole or in part) from the State- inspected article shall be identified as so inspected only by the same official mark as is prescribed by the Secretary for an article slaughtered or prepared under title I. ``(4) Except as provided in paragraph (5), the operator of an establishment operated under Federal or State inspection who wishes to transfer to State or Federal inspection, as the case may be, may do so only as of October 1 of any year. The transfer shall occur only if-- ``(A) the operator provides written notice of the intention to transfer to both inspection agencies at least 180 days in advance of the date referred to in the preceding sentence; and ``(B) the Secretary determines that the transfer will effectuate the purposes set forth in section 2 and will not adversely affect the stability of the total State and Federal inspection systems. ``(5) The Secretary may permit the operator of an establishment to transfer from State to Federal inspection at any time if the operator presents clear and convincing evidence to the Secretary that the establishment intends to, and will be able to, engage in foreign commerce to a substantial extent in a manner that would require Federal inspection. ``(6) As used in this subsection, the term `interstate commerce' means commerce between States or between a State and the District of Columbia.''. (e) Prohibition on Additional or Different State Requirements.-- Section 408 of such Act (21 U.S.C. 678) is amended to read as follows: ``SEC. 408. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS. ``(a) Requirements Relating to Establishments.-- ``(1) In general.--Except as provided in paragraph (2), a State or Territory or the District of Columbia may not impose a requirement within the scope of this Act with respect to the premises, facility, or operation of an establishment at which inspection is provided under title I that is in addition to, or different than, a requirement under this Act. ``(2) Recordkeeping requirements.--A State or Territory or the District of Columbia may impose a recordkeeping or other requirement within the scope of section 202, if the requirement is consistent with such section, with respect to an establishment. ``(b) Requirements Relating to Marking, Labeling, Packaging, and Ingredients.-- ``(1) In general.--Except as provided in paragraph (2), a State or Territory or the District of Columbia may not impose a marking, labeling, packaging, or ingredient requirement that is in addition to, or different than, a requirement under this Act with respect to an article prepared at an establishment under Federal inspection in accordance with title I or with respect to an article prepared for commerce at a State-inspected establishment in accordance with section 301(d). ``(2) Concurrent jurisdiction.--A State or territory or the District of Columbia may, consistent with this Act, exercise concurrent jurisdiction with the Secretary over an article distributed in commerce or otherwise subject to this Act, for the purpose of preventing the distribution for use as human food of an article that is not in compliance with this Act and is outside of a federally or State-inspected establishment, or in the case of an imported article, that is not at such an establishment, after the entry of the article into the United States. ``(c) Effect on Other Laws.--This Act shall not preclude a State or Territory or the District of Columbia from imposing a requirement or taking any other action, consistent with this Act, with respect to an area regulated under this Act that is not referred to in this section.''. SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS INSPECTION ACT. (a) Removal of Intrastate Distribution Limitation.--Section 5(a)(1) of the Poultry Products Inspection Act (21 U.S.C. 454(a)(1)) is amended by striking ``solely for distribution within such State''. (b) Use of State Inspectors.--Section 5(a) of such Act (21 U.S.C. 454(a)) is amended by adding at the end the following new paragraph: ``(5) The Secretary may enter into an agreement with a State or the District of Columbia to utilize an officer or employee of the State or the District of Columbia to conduct any examination, investigation, or inspection authorized under this Act, if the Secretary determines that it is practicable for the examination, investigation, or inspection to be so conducted.''. (c) Termination of Designation of State as Subject to Federal Inspection for Intrastate Distribution.--Section 5(c)(3) of such Act (21 U.S.C. 454(c)(3)) is amended by striking ``, with respect to the operations and transactions within such State which are regulated under subparagraph (1) of this paragraph (c), he'' and inserting ``with respect to each establishment within the jurisdiction of the State that does not operate under Federal inspection under this Act and at which any poultry is slaughtered, or any poultry product is processed, for use as human food, and with respect to the distribution of each poultry product within the State, the Secretary''. (d) Expansion of State Inspection Authority.--Section 5 of such Act (21 U.S.C. 454) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) Except as provided in paragraph (2), a poultry product processed under State inspection in a State (other than a State designated under subsection (c)) in compliance with the poultry products inspection law of the State shall be eligible for sale or transportation in interstate commerce, and for entry into and use in the preparation of a product in an establishment at which Federal inspection is maintained under this Act, in the same manner and to the same extent as a poultry product processed at the establishment. A poultry product that complies with the poultry product inspection laws of the State (other than a State designated under subsection (c)) in which the product was processed shall be considered to comply with this Act. ``(2) A State-inspected poultry product described in paragraph (1), and a federally inspected poultry product processed (in whole or in part) from the State-inspected poultry product-- ``(A) shall not be eligible for sale or transportation in foreign commerce; and ``(B) shall be separated at all times from all other federally inspected poultry products in a federally inspected establishment that engages in the processing, sale, or transportation of poultry products for foreign commerce. ``(3) A poultry product that is inspected in a program of inspection in a State (other than a State designated under subsection (c)) pursuant to State law shall be identified as so inspected only by an official mark that identifies the State and is of such design as the State shall prescribe. A federally inspected poultry product processed (in whole or in part) from a State-inspected poultry product shall be identified as so inspected only by the same official mark as is prescribed by the Secretary for a poultry product processed under this Act (other than this section or section 11). ``(4) Except as provided in paragraph (5), the operator of an establishment operated under Federal or State inspection who wishes to transfer to State or Federal inspection, as the case may be, may do so only as of October 1 of any year. The transfer shall occur only if-- ``(A) the operator provides written notice of the intention to transfer to both inspection agencies at least 180 days in advance of the date referred to in the preceding sentence; and ``(B) the Secretary determines that the transfer will effectuate the legislative policy set forth in section 3 and will not adversely affect the stability of the total Federal and State inspection systems. ``(5) The Secretary may permit the operator of an establishment to transfer from State to Federal inspection at any time if the operator presents clear and convincing evidence to the Secretary that the establishment intends to, and will be able to, engage in foreign commerce to a substantial extent in a manner that would require Federal inspection. ``(6) As used in this subsection, the term `interstate commerce' means commerce between States or between a State and the District of Columbia.''. (e) Prohibition on Additional or Different State Requirements.-- Section 23 of such Act (21 U.S.C. 467e) is amended to read as follows: ``SEC. 23. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS. ``(a) Requirements Relating to Establishments.-- ``(1) In general.--Except as provided in paragraph (2), a State or territory or the District of Columbia may not impose a requirement within the scope of this Act with respect to the premises, facility, or operation of an official establishment, that is in addition to, or different than, a requirement under this Act. ``(2) Recordkeeping requirements.--A State or territory or the District of Columbia may impose a recordkeeping or other requirement within the scope of section 11(b), if the requirement is consistent with such section, with respect to an establishment. ``(b) Requirements Relating to Marking, Labeling, Packaging, and Ingredients.-- ``(1) In general.--A State or territory or the District of Columbia may not impose-- ``(A) except as provided in paragraph (2), a marking, labeling, packaging, or ingredient requirement that is in addition to, or different than, a requirement under this Act with respect to an article prepared at an establishment under Federal inspection in accordance with this Act or with respect to an article prepared for commerce at a State-inspected establishment in accordance with section 5(d); or ``(B) any other storage or handling requirement found by the Secretary to unduly interfere with the free flow of any poultry product in commerce. ``(2) Concurrent jurisdiction.--A State or territory or the District of Columbia may, consistent with this Act, exercise concurrent jurisdiction with the Secretary over an article distributed in commerce or otherwise subject to this Act, for the purpose of preventing the distribution for use as human food of any article that is not in compliance with this Act and is outside of a federally or State-inspected establishment, or in the case of an imported article, that is not at such an establishment, after the entry of the article into the United States. ``(c) Effect on Other Laws.--This Act shall not preclude a State or territory or the District of Columbia from imposing a requirement or taking any other action, consistent with this Act, with respect to an area regulated under this Act that is not referred to in this section.''.", "summary": "Meat and Poultry Products Inspection Amendments of 1994 - Amends the Federal Meat Inspection Act to: (1) permit State inspected meat and meat products to be sold or transported in interstate commerce; (2) permit the Secretary of Agriculture to use State inspectors; (3) permit State inspected meat products to be used in the preparation of products processed in federally inspected facilities; and (4) prohibit the imposition of additional or different State facilities or marketing and labeling requirements than apply under such Act. Amends the Poultry Products Inspection Act to make similar amendments for poultry and poultry products."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Emergency Responders Operate Act''. SEC. 2. VOLUNTEER FIRE ASSISTANCE PROGRAM. There are authorized to be appropriated to the Secretary of Agriculture for carrying out section 10(b) (1) through (3) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106(b) (1) through (3)), $10,000,000 for each of the fiscal years 2001 and 2002. SEC. 3. LOAN GUARANTEES FOR LOW-INTEREST LOANS FOR VOLUNTEER FIRE AND RESCUE SERVICES. Subtitle A of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by adding at the end the following new section: ``SEC. 616. LOAN GUARANTEES FOR LOW-INTEREST LOANS FOR VOLUNTEER FIRE AND RESCUE SERVICES. ``(a) In General.--The Director may, using amounts in the account established under subsection (i)(1), guarantee loans to volunteer fire and rescue agencies for the purposes described in subsection (b) for the entire principal and interest on the loan. ``(b) Use of Amounts.--The proceeds of a loan guaranteed under this section to a volunteer fire and rescue agency may be used only-- ``(1) to purchase equipment necessary for proper performance of the duties of the agency, including fire fighting apparatus and equipment, ambulances and rescue vehicles, protective equipment and clothing, and training equipment; ``(2) to repair, rehabilitate, or otherwise improve existing facilities of the agency; ``(3) to carry out public education programs regarding fire prevention, life safety, and arson; ``(4) for enforcement of fire codes; ``(5) for carrying out and improving training programs regarding arson investigation, hazardous materials, and anti- terrorism; or ``(6) to develop or enhance safety programs for firefighters and rescue personnel. ``(c) Loan Terms.--A loan guaranteed under this section shall-- ``(1) be made for a term not to exceed 20 years; ``(2) involve a rate of interest established by the Director that does not exceed the rate that is 2 percentage points below the then prevailing interest rate for loans of a similar nature, as determined by the Director; ``(3) involve a principal obligation not exceeding $200,000; ``(4) be subject to such requirements regarding security for repayment as the Director considers appropriate; ``(5) contain terms providing for the complete amortization of the loan principal that require periodic payments by the borrower not in excess of the capacity of the borrower to make such payments, as the Director considers appropriate; and ``(6) contain such other terms with respect to insurance, repairs, default reserves, delinquency charges, anticipation of maturity, additional and secondary liens, and other matters as the Director considers appropriate. ``(d) Guarantee Fee.--At the time of issuance of a loan guaranteed under this section, the Director may collect from the lender of the loan a fee of 1 percent of the principal obligation of the loan. ``(e) Prohibition Against Assumption.--Notwithstanding the transfer of any property acquired with the proceeds of a loan under this section, the borrower under the loan may not be relieved of liability with respect to the loan. ``(f) Selection of Borrowers.--The Director shall establish and use criteria for selection of applicants to receive loan guarantees under this section, which shall-- ``(1) provide for the Director to make loan guarantees for as many qualified applicants as is practicable, taking into consideration the aggregate limitations on the amount of guarantees under this section and the appropriate size of a loan necessary to allow an applicant to effectively carry out the activities for which the loan guaranteed under this section was made; and ``(2) in the case of a loan to be used for the purposes under paragraph (1) or (2) of subsection (b), take into consideration the extent to which-- ``(A) the equipment, apparatus, or facilities to be replaced, repaired, or modified are outdated or unsafe; or ``(B) the demand for the services of the volunteer fire and rescue agency that is the borrower has increased during the 2-year period preceding the date of the application for the guarantee. ``(g) Payment of Guarantees.--The Director may take such actions as may be necessary to provide for payment of guarantees under this section and protection of the interests of the United States under such guarantees. ``(h) Definitions.--For purposes of this section: ``(1) Facility.--The term `facility' means a building that houses equipment or personnel used directly to provide fire and rescue services, not including administrative support services. ``(2) Volunteer fire and rescue agency.--The term `volunteer fire and rescue agency' includes volunteer fire companies, ambulance services, hazardous materials units, and rescue squads. ``(i) Funding and Account.-- ``(1) Volunteer fire and rescue services loan account.-- There is established in the Treasury of the United States an account for the purpose of providing loan guarantees under this section. The account shall be credited with any amounts appropriated to the account, any guarantee fees collected under subsection (d), and any other collections of the Director pursuant to this section. Amounts in the account shall be available, to the extent provided in appropriation Acts, for fulfilling obligations under loan guarantees made under this section and for carrying out all operations relating to making and payment of such guarantees, which shall include any administrative expenses relating to making such guarantees. ``(2) Authorization of appropriations.--There is authorized to be appropriated to the account under paragraph (1) $35,000,000 for each of the fiscal years 2001 and 2002 to cover the costs (as such term is defined in section 502 of the Congressional Budget Act of 1974) of loan guarantees provided under this section.''. SEC. 4. COUNTERTERRORISM TRAINING. Subtitle A of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.), as amended by section 3 of this Act, is further amended by adding at the end the following new section: ``SEC. 617. COUNTERTERRORISM TRAINING. ``There are authorized to be appropriated to the Director $20,000,000 for each of the fiscal years 2001 and 2002 to make grants directly to local fire and rescue services, including volunteer fire companies, ambulance services, hazardous materials units, and rescue squads, for equipment, including interoperability radio equipment.''. SEC. 5. BURN GRANT PROGRAMS. (a) Establishment of Office.--The Director of the Federal Emergency Management Agency shall establish an office in the Agency to establish specific criteria of grant recipients and to administer grants under this section. (b) Burn Prevention.--The Director may make grants, on a competitive basis, to safety organizations that have experience in conducting burn safety programs for the purpose of assisting those organizations in conducting burn prevention programs or augmenting existing burn prevention programs. (c) Acute Burn Care.--The Director may make grants, on a competitive basis, to hospitals that serve as regional burn centers to conduct acute burn care research. (d) After-Burn Treatment and Counseling.--The Director may make grants, on a competitive basis, to governmental and nongovernmental entities to provide after-burn treatment and counseling to individuals that are burn victims. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Director for carrying out this section $10,000,000 for each of the fiscal years 2001 and 2002. SEC. 6. FIRE AND EMERGENCY MEDICAL GRANTS PROGRAM. (a) Establishment.--The Director of the Federal Emergency Management Agency shall establish a program to award grants to volunteer, paid, and combined departments that provide fire and emergency medical services. (b) Authorized Uses.--Grants awarded under this section may be used-- (1) to acquire personal protective equipment required for firefighting personnel by the Occupational Safety and Health Administration, and other personal protective equipment for firefighting personnel; (2) to acquire additional firefighting equipment, including equipment for communication and monitoring; (3) to establish wellness and fitness programs for firefighting personnel to reduce the number of injuries and deaths related to health and conditioning problems; (4) to promote professional development of fire code enforcement personnel; (5) to integrate computer technology to improve records management and training capabilities; (6) to train firefighting personnel in firefighting, emergency response, and arson prevention and detection; (7) to enforce fire codes; (8) to fund fire prevention programs and public education programs about arson prevention and detection, and juvenile fire setter intervention; and (9) to modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel. (c) Contents of Applications.--Applications for grants under this section shall include-- (1) a demonstration of financial need; (2) evidence of a commitment for at least an equal amount as the amount of the grant sought, to be provided by non- Federal sources; (3) a cost benefit analysis linking the funds to improvements in public safety; and (4) a commitment to provide information to the National Fire Incident Reporting System for the period for which the grant is received. (d) Audits.--Grant recipients under this section shall be subject to audits to ensure that the funds are spent for their intended purposes. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Director for carrying out this section $80,000,000 for each of the fiscal years 2001 and 2002. SEC. 7. ALLOCATION OF ELECTROMAGNETIC SPECTRUM. Section 337 of the Communications Act of 1934 (47 U.S.C. 337) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by adding after subsection (e) the following new subsection: ``(f) Allocation for Interoperability Use by Public Safety Entities.--In addition to the allocations and assignments otherwise made pursuant to this section, within 30 days after the date of the enactment of the Help Emergency Responders Operate Act, the Commission shall allocate the electromagnetic spectrum between 139 megahertz and 140.5 megahertz, inclusive, and between 141.5 megahertz and 143 megahertz, inclusive, to interoperability use by public safety services.''. SEC. 8. SATELLITE SYSTEM. (a) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior for fiscal year 2001 for the United States Geological Survey for the Hazard Support System, $15,000,000 for system improvements, and $4,000,000 for operation and maintenance. (b) Study.--Not later than 9 months after the date of the enactment of this Act, the Secretary of the Interior shall transmit to the Congress a report on the results of a study, carried out in consultation with the National Interagency Fire Center and State fire services, of the best methods of disseminating data from the Hazard Support System to State and local fire mitigation entities for real- time fire detection. SEC. 9. ELIGIBILITY OF FIRE FIGHTING FACILITIES AND EQUIPMENT UNDER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. (a) Eligible Activities.--Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended-- (1) in paragraph (23), by striking the period at the end and inserting a semicolon; and (2) by inserting after paragraph (23) the following new paragraph: ``(24) provision of assistance to local fire fighting, emergency medical, or rescue units serving low-income communities for-- ``(A) acquisition, repair, or rehabilitation of equipment (including any accessory, communications, or protective equipment) or vehicles for fire fighting, emergency medical, or rescue services, ``(B) construction, acquisition, rehabilitation, or improvement of facilities for local fire fighting, emergency medical, or rescue services, or ``(C) training or planning involved in providing fire fighting, emergency medical, or rescue services; and''. (b) Use for Low- and Moderate-Income Areas.--Section 105(c) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(c)) is amended by adding at the end the following new paragraph: ``(5) An assisted activity described in subsection (a)(24) shall be considered to benefit persons of low and moderate income if the service provides such services to low- and moderate-income persons.''.", "summary": "Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to allow the Director of the Federal Emergency Management Agency (FEMA), using amounts in an account for the purpose of providing loan guarantees (established under this Act), to guarantee loans to volunteer fire and rescue agencies for the entire principal and interest on the loan for specified volunteer fire and rescue services, including to purchase equipment necessary for proper performance of the agency's duties, to repair, rehabilitate, or otherwise improve the agency's existing facilities, and for carrying out public education programs regarding fire prevention, life safety, and arson. Sets forth loan terms and conditions. Authorizes appropriations. Authorizes appropriations to the Director for FY 2001 and 2002 for making grants directly to local fire and rescue services for equipment, including interoperability radio equipment. Authorizes the Director to make grants on a competitive basis to: (1) safety organizations that have experience in conducting burn safety programs for assisting those organizations in conducting such programs or augmenting existing burn prevention programs; (2) hospitals that serve as regional burn centers to conduct acute burn research; and (3) governmental and nongovernmental entities to provide after-burn treatment and counseling to individuals that are burn victims. Creates an office in FEMA to establish specific criteria of grant recipients and to administer such grants. Authorizes appropriations. Requires the Director to establish a program to award grants to volunteer, paid, and combined departments that provide fire and emergency medical services. Permits such grants to be used, among other things, to: (1) acquire personal protective equipment required for firefighting personnel by the Occupational Safety and Health Administration, and other personal protective equipment for firefighting personnel; (2) acquire additional firefighting equipment, including equipment for communication and monitoring; (3) establish wellness and fitness programs for firefighting personnel to reduce the number of injuries and deaths related to health and conditioning problems; (4) promote professional development of fire code enforcement personnel; (5) integrate computer technology to improve records management and training capabilities; (6) fund fire prevention programs and public education programs about arson prevention and detection, and juvenile fire setter intervention; and (7) modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel. Provides for grant recipients to be subject to audits to ensure that the funds are spent for their intended purposes. Authorizes appropriations. Amends the Communications Act of 1934 to direct the Federal Communications Commission, in addition to the allocations and assignments otherwise made with respect to new public safety services licenses and commercial licenses, within 30 days after the date of the enactment of this Act, to allocate the electromagnetic spectrum between 139 megahertz and 140.5 megahertz, inclusive, and between 141.5 megahertz and 143 megahertz, inclusive, to interoperability use by public safety services. Authorizes appropriations to the Secretary of the Interior for FY 2001 for the U.S. Geological Survey for the Hazard Support System for system improvements and for operation and maintenance. Directs such Secretary to transmit to Congress a report on the results of a study, carried out in consultation with the National Interagency Fire Center and State fire services, of the best methods of disseminating data from such System to State and local fire mitigation entities for realtime fire detection. Amends the Housing and Community Development Act of 1974 to include as activities eligible for assistance under the community development block grant program the provision of assistance to local firefighting, emergency medical, or rescue units serving low-income communities for: (1) acquisition, repair, or rehabilitation of equipment or vehicles for firefighting, emergency medical, or rescue services; (2) construction, acquisition, rehabilitation, or improvement of facilities for local firefighting, emergency medical, or rescue services; or (3) training or planning involved in providing fire fighting, emergency medical, or rescue services. States that such an assisted activity shall be considered to benefit persons of low and moderate income if the service provides such services to low- and moderate-income persons."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Restitution and Responsibility Act''. SEC. 2. GRANT PROGRAM. (a) In General.--The Attorney General is authorized to provide grants to States to enable the States to-- (1) collect data on victim restitution over a specified period of time as determined by the Attorney General; (2) create or expand automated data systems to track restitution payments; (3) make improvements in the manner in which restitution is ordered and collected; and (4) enhance and expand methods of enforcement of restitution orders. (b) Eligibility.--To be eligible to receive a grant under this Act, a State shall-- (1) submit an application to the Attorney General, in such form as the Attorney General shall require, that meets the requirements of subsection (c); and (2) certify that the State has a victim advocacy program that-- (A) provides assistance to victims of crime throughout the judicial process; and (B) provides courts with a victim impact statement prior to sentencing. (c) Application.--An application meets the requirements of this subsection if it includes-- (1) a description of the State's victim advocacy program; (2) a description of the method by which the State compiles or will compile data on restitution, including information on-- (A) restitution amounts ordered and collected; (B) collection rates for incarcerated offenders and offenders who are on probation; (C) collection rates for offenders committing felonies and for those committing misdemeanors; and (D) rates of partial and full payment rates of collection; (3) documentation of a State's current problems in ordering, collecting, and enforcing restitution; (4) a description of State laws and practices related to restitution; (5) a description of administrative and legislative options to improve ordering, collecting, and enforcing restitution; (6) a description of the State's proposal to create or expand an automated data processing system to track restitution payments; (7) a description of the State's plan to improve the ordering of restitution, including-- (A) provisions to ensure that courts order restitution whenever a victim suffers economic loss as a result of unlawful conduct by a defendant; (B) provisions to ensure that restitution is ordered in the full amount of the victim's loss, as determined by the court; (C) the prioritization of restitution in the ordering and disbursing of fees; and (D) such other provisions consistent with the purposes of this Act; (8) a description of how the State will improve collection of restitution payments, including-- (A) the establishment of a central accounting, billing, and collection system that tracks the offender's obligations and status in meeting those obligations; (B) a process by which information about an offender's restitution payments is made available to probation officials; (C) adopting methods to ensure payments such as automatic docketing, billing, wage withholding, privatization of collection, withholding State grant privileges, or seizure of state income tax refunds; and (D) other provisions consistent with the purposes of this Act; (9) a description of how the State will enforce restitution payments, including-- (A) assigning an agency responsible for the enforcement of a restitution order; (B) adopting policies to increase the intensity of sanctions if an offender defaults on payments, including-- (i) revoking a term of probation or parole; (ii) modifying the terms or conditions of probation or parole; (iii) holding a defendant in contempt of court; (iv) entering a restraining order or injunction; or (v) ordering the sale of property of the defendant; (C) adopting procedures to ensure restitution orders are entered as civil judgments upon entry to allow a victim to execute judgment if restitution payments are delinquent; (D) such other provisions consistent with the purposes of this Act; and (10) the establishment of a community restitution fund administered by a State agency into which restitution payments are made by an offender (in addition to victim restitution payments) and can be used to pay indigent offenders for performing public service work. (d) Waiver.--The Attorney General may waive the requirements under subsection (c) for a State that demonstrates sufficient cause for lack of compliance. (e) Grant Period.--A grant under this Act shall be awarded for a period of not more than 5 years. SEC. 3. REPORT. Each State receiving a grant under this Act shall submit an annual report to the Attorney General that includes an evaluation of the progress of the projects funded through the grant, an accounting of expenditures, and such other provisions as may be required by the Attorney General. The Attorney General shall issue an annual report to Congress that includes the information submitted by States under this section. SEC. 4. EVALUATION. (a) Final Evaluation.--Within a month after the award of the first grant made under this Act, the Attorney General shall contract with an independent organization to do a final evaluation of the projects funded by this Act at the end of 5 years. (b) Interim Evaluation.--The Attorney General shall conduct an interim evaluation of the projects funded by this Act 3 years after the first grant made under this Act. (c) Content of Reports.--The reports required by subsections (a) and (b) shall include the following information: (1) An evaluation of data collection efforts. (2) An assessment of whether ordering of restitution increased and whether prioritizing restitution in fees collected improved restitution payments. (3) An analysis of whether the project was successful in improving significantly restitution collection rates. (4) An evaluation of most effective methods in improving restitution collection and in enforcing restitution payments. (5) An analysis of how effective automated data systems were in increasing restitution collection. (6) An analysis of States' use of the community restitution fund and its effectiveness in ensuring indigent offenders pay restitution. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 in each of fiscal years 1997, 1998, 1999, 2000, and 2001 to carry out this Act.", "summary": "Restitution and Responsibility Act - Authorizes the Attorney General to provide grants to enable the States to: (1) collect data on victim restitution over a specified period as determined by the Attorney General; (2) create or expand automated data systems to track restitution payments; (3) make improvements in the manner in which restitution is ordered and collected; and (4) enhance and expand methods of enforcement of restitution orders. Requires a State, to be eligible, to certify that it has a victim advocacy program that provides assistance to crime victims throughout the judicial process and provides courts with a victim impact statement prior to sentencing. Sets forth provisions regarding: (1) application requirements (including descriptions of the State's victim advocacy program, the method by which the State compiles data on restitution, the State's plan to improve the ordering of restitution and collection of restitution payments, how the State will enforce such payments, and the establishment of a community restitution fund); (2) waivers; (3) grant period; (4) reporting requirements; and (5) grant evaluation. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Worldwide Tobacco Disclosure Act of 1997''. SEC. 2. DEFINITIONS. In this Act: (1) Cigarette.--The term ``cigarette'' means-- (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco which is to be burned, (B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to, or purchased by consumers as a cigarette described in subparagraph (A), (C) little cigars which are any roll of tobacco wrapped in leaf tobacco or any substance containing tobacco (other than any roll of tobacco which is a cigarette within the meaning of subparagraph (A)) and as to which 1000 units weigh not more than 3 pounds, and (D) loose rolling tobacco and papers or tubes used to contain such tobacco. (2) Domestic concern.--The term ``domestic concern'' means-- (A) any individual who is a citizen, national, or resident of the United States; and (B) any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship which has its principal place of business in the United States, or which is organized under the laws of a State of the United States or a territory, possession, or commonwealth of the United States. (3) Nondiscriminatory law or regulation.--The term ``nondiscriminatory law or regulation'' means a law or regulation of a foreign country that adheres to the principle of national treatment and applies no less favorable treatment to goods that are imported into that country than it applies to like goods that are the product, growth, or manufacture of that country. (4) Package.--The term ``package'' means a pack, box, carton, or other container of any kind in which cigarettes or other tobacco products are offered for sale, sold, or otherwise distributed to customers. (5) Sale or distribution.--The term ``sale or distribution'' includes sampling or any other distribution not for sale. (6) State.--The term ``State'' includes, in addition to the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (7) Tobacco product.--The term ``tobacco product'' means-- (A) cigarettes; (B) little cigars; (C) cigars as defined in section 5702 of the Internal Revenue Code of 1986; (D) pipe tobacco; (E) loose rolling tobacco and papers used to contain such tobacco; (F) products referred to as spit tobacco; and (G) any other form of tobacco intended for human use or consumption. (8) United states.--The term ``United States'' includes the States and installations of the Armed Forces of the United States located outside a State. SEC. 3. RESTRICTIONS ON NEGOTIATIONS REGARDING FOREIGN LAWS REGULATING TOBACCO PRODUCTS. No funds appropriated by law may be used by any officer, employee, department, or agency of the United States-- (1) to seek, through negotiation or otherwise, the removal or reduction by any foreign country of any nondiscriminatory law or regulation, or any proposed nondiscriminatory law or regulation, in that country that restricts the advertising, manufacture, packaging, taxation, sale, importation, labeling, or distribution of tobacco products; or (2) to encourage or promote the export, advertising, manufacture, sale, or distribution of tobacco products. SEC. 4. CIGARETTE EXPORT LABELING. (a) Labeling Requirements for Export of Cigarettes.-- (1) In general.--It shall be unlawful for any domestic concern to export from the United States, or to sell or distribute in, or export from, any other country, any cigarettes whose package does not contain a warning label that-- (A) complies with Federal labeling requirements for cigarettes manufactured, imported, or packaged for sale or distribution within the United States; and (B) is in the primary language of the country in which the cigarettes are intended for consumption. (2) Labeling format.--Federal labeling format requirements shall apply to a warning label described in paragraph (1) in the same manner, and to the same extent, as such requirements apply to cigarettes manufactured, imported, or packaged for sale or distribution within the United States. (3) Rotation of labeling.--Federal rotation requirements for warning labels shall apply to a warning label described in paragraph (1) in the same manner, and to the same extent, as such requirements apply to cigarettes manufactured, imported, or packaged for sale or distributed within the United States. (4) Waivers.-- (A) In general.--The President may waive the labeling requirements required by this Act for cigarettes, if the cigarettes are exported to a foreign country included in the list described in subparagraph (B) and if that country is the country in which the cigarettes are intended for consumption. A waiver under this subparagraph shall be in effect prior to the exportation of any cigarettes not in compliance with the requirements of this section by a person to a foreign country included in the list. (B) List of eligible countries for waiver.-- (i) In general.--Not later than 90 days after the date of enactment of this Act, the President shall develop and publish in the Federal Register a list of foreign countries that have in effect requirements for the labeling of cigarette packages substantially similar to or more stringent than the requirements for labeling of cigarette packages set forth in paragraphs (1) through (3). The President shall use the list to grant a waiver under subparagraph (A). (ii) Update of list.--The President shall-- (I) update the list described in clause (i) to include a foreign country on the list if the country meets the criteria described in clause (i), or to remove a foreign country from the list if the country fails to meet the criteria; and (II) publish the updated list in the Federal Register. (b) Penalties.-- (1) Fine.--Any person who violates the provisions of subsection (a) shall be fined not more than $100,000 per day for each such violation. Any person who knowingly reexports from or transships cigarettes through a foreign country included in the list described in subsection (a)(4)(B) to avoid the requirements of this Act shall be fined not more than $150,000 per day for each such occurrence. (2) Injunction proceedings.--The district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of subsection (a) upon the application of the Attorney General of the United States. (c) Repeal.--Section 12 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1340) is repealed. (d) Regulatory Authority.--Not later than 90 days after the date of enactment of this Act, the President shall promulgate such regulations and orders as may be necessary to carry out this section. (e) Effective Date.--The provisions of subsections (a) through (c) shall take effect upon the effective date of the regulations promulgated under subsection (d).", "summary": "Worldwide Tobacco Disclosure Act of 1997 - Prohibits the use of appropriated funds by any U.S. employee, department, or agency to: (1) seek, through negotiation or otherwise, the removal or reduction by any foreign country of any nondiscriminatory law that restricts the advertising, manufacture, packaging, taxation, sale, importation, labeling, or distribution of tobacco products; or (2) promote the export, advertising, manufacture, sale, or distribution of tobacco products. Makes it unlawful to export from the United States, or to sell or distribute in, or export from, any other country, any cigarettes whose package does not contain a warning label (including Federal labeling format and Federal rotation requirements) that: (1) complies with Federal labeling requirements for cigarettes manufactured, imported, or packaged for sale or distribution within the United States; and (2) is in the primary language of the country in which the cigarettes are intended for consumption. Authorizes the President to waive such prohibition if the importing country has similar or more stringent labeling requirements. Sets forth penalties for violation of this Act."}
{"article": "SECTION 1. FINDINGS. Congress finds the following: (1) Born Cassius Marcellus Clay, Jr., on January 17, 1942, in Louisville, Kentucky, Muhammad Ali was the first child of Cassius, Sr., and Odessa Clay. (2) Muhammad Ali was one of the most celebrated athletes of the 20th century. He produced some of America's greatest sports memories, from winning a gold medal at the 1960 Summer Olympics to lighting the Olympic torch at the 1996 Summer Olympics. (3) After an impressive amateur career, during which he recorded 131 wins and only 7 losses and won 2 National AAU light heavyweight titles, Muhammad Ali became the first professional boxer in history to capture the heavyweight title 3 separate times. (4) Muhammad Ali defeated every challenger he faced in the ring. But, on April 28, 1967, he was stripped of his boxing title and barred from competing for being a conscientious objector to the war in Vietnam on religious and moral grounds. However, following a unanimous United States Supreme Court decision in 1971, Muhammad Ali's conscientious objector status was confirmed, his boxing license was reinstated, and he was cleared of any wrongdoing. (5) As an African-American and a Muslim who lived in an era that continued to question his civil rights, Muhammad Ali battled issues of race and religion, and received recognition as one of the champions of the Civil Rights Movement in the United States. (6) Muhammad Ali was the recipient of many awards for his sporting prowess and his support of racial harmony, including the Dr. Martin Luther King Memorial Award, the Spirit of America Award, the Amnesty International Lifetime Achievement Award, the Arthur Ashe Award for Courage, the Essence Living Legend Award, the Rainbow Coalition Lifetime Achievement Award, the XNBA Human Spirit Award, the Presidential Citizens Medal, and the Presidential Medal of Freedom. (7) Muhammad Ali was acknowledged by many organizations for his achievements both inside and outside the boxing ring, including being crowned ``Sportsman of the Century'' by Sports Illustrated, being named ``Athlete of the Century'' by GQ magazine, being named ``Sports Personality of the Century'' by the British Broadcasting Corporation, being named ``Kentucky Athlete of the Century'' by the Kentucky Athletic Hall of Fame, being named ``Kentuckian of the Century'' by the State of Kentucky, being named ``Louisvillian of the Century'' by the Advertising Club of Louisville, being named ``Boxer of the Century'' by the World Sports Awards of the Century, being recognized by the International Boxing Hall of Fame, and receiving honorary doctorate degrees from Muhlenberg College and Western Kentucky University, as well as an honorary doctorate of humanities at Princeton University's 260th graduation ceremony. (8) Muhammad Ali received the prestigious ``Otto Hahn Peace Medal in Gold'' from the United Nations Association of Germany for his work with the United Nations and the Civil Rights Movement in the United States. (9) Muhammad Ali was selected by the California Bicentennial Foundation for the U.S. Constitution for personifying the vitality of the Bill of Rights in various high-profile activities. (10) Despite having been diagnosed with Parkinson's Syndrome in the early 1980s, Muhammad Ali dedicated his life to the cause of universal human rights and freedom. His commitment to equal justice and peace touched the lives of hundreds of thousands of people worldwide. (11) President Jimmy Carter asked Muhammad Ali to meet with African leaders in Tanzania, Kenya, Nigeria, Liberia, and Senegal as part of President Carter's diplomatic efforts on behalf of human rights in the 1980s. (12) In 1990, Muhammad Ali traveled to the Middle East to seek the release of American and British hostages that were being held as human shields in the first Gulf War. As a result of his intervention, 15 United States hostages were freed on December 2nd of that year. (13) In 1998, Muhammad Ali was chosen as the ``U.N. Messenger of Peace''. (14) Several Presidents of the United States recognized Muhammad Ali, including President George W. Bush who, on November 17, 2002, called him ``a man of peace'' and stated that ``across the world, billions of people know Muhammad Ali as a brave, compassionate, and charming man, and the American people are proud to call Muhammad Ali one of our own'', President Bill Clinton who stated that Muhammad Ali ``captured the world's imagination and its heart. Outside the ring, Muhammad Ali has dedicated his life to working for children, feeding the hungry, supporting his faith, and standing up for racial equality. He always fought for a just and more humane world, breaking down barriers here in America and around the world. There is no telling how many tens of millions of people had their hearts swell with pride and their eyes swell with tears in 1996 when Muhammad Ali lit the Olympic torch, because we know, now and forever, he is the greatest'', President Jimmy Carter who cited Muhammad Ali as ``Mr. International Friendship'', and President Barack Obama who, as a Senator, had a framed picture of Muhammad Ali hanging in his office, and before announcing his intentions to run for President, Obama visited with Muhammad Ali at the Ali Center in Louisville, Kentucky. (15) Muhammad Ali encouraged humanity through his perseverance and the support of thousands of people. He helped such organizations as the Chicago-based adoption agency, The Cradle; the Make-A-Wish Foundation; the Special Olympics' organization, Best Buddies; and Herbert E. Birch Services, an organization that runs a school for handicapped children and young adults, in addition to a summer camp for children with AIDS. (16) Muhammad Ali and his wife Lonnie were the founding directors of the Muhammad Ali Parkinson Center in Phoenix, Arizona, and helped raise over $50,000,000 for Parkinson's research. The Center's mission is to provide excellence in treatment, research, and education for patients and families affected by Parkinson's disease and other movement disorders, regardless of their ability to pay. (17) Muhammad Ali was an inspiration to countless individuals with Parkinson's disease, including members of the Rock Steady Boxing Foundation in Indianapolis, Indiana, which was founded to give people with Parkinson's disease hope by improving their quality of life using boxing for fitness. (18) Muhammad Ali was one of the founding members of Athletes for Hope, an organization created by a few very successful athletes of exemplary character who have a deep commitment to charitable and community causes. (19) Muhammad Ali also established the Muhammad Ali Center in his hometown of Louisville, Kentucky, which promotes respect, hope, and understanding, and inspires people everywhere to be as great as they can be. A visitor of the Muhammad Ali Center experiences the ``hows'' of Ali's life: How he found the courage, the dedication, and the discipline to become a world champion; how he found the conviction to stand up for what he believed; and how he turned his passion for excellence in the ring to a passion for peace on the world stage. (20) Like Muhammad Ali himself, the Muhammad Ali Center focuses on what brings individuals together, not what sets them apart, and is a ``global gathering place'' to which people can come, both online and in person, to learn, share, and celebrate our commonalities as human beings and to formulate ways of advancing humanity. (21) Muhammad Ali helped to provide more than 22,000,000 aid packets to assist people in need, and until the last years of his life, he traveled, on average, more than 200 days per year for humanitarian causes. (22) Muhammad Ali, known simply as ``the greatest,'' transcended the glamour and glory of being a sports champion to become not only one of the greatest sports figures, but one of the greatest role models of our time. (23) On June 3, 2016, Muhammad Ali died at the age of 74. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Muhammad Ali, in recognition of his contributions to the Nation. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Transfer of Medal After Presentation.--Following the presentation of the gold medal in honor of Muhammad Ali under subsection (a), the gold medal shall be given to his wife, Lonnie Ali. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.", "summary": "This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Muhammad Ali."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sportsmen's Heritage And Recreational Enhancement Act'' or the ``SHARE Act''. SEC. 2. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY COMMITTEE. The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is amended by adding at the end the following: ``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY COMMITTEE. ``(a) Establishment.--There is hereby established the Wildlife and Hunting Heritage Conservation Council Advisory Committee (in this section referred to as the `Advisory Committee') to advise the Secretaries of the Interior and Agriculture on wildlife and habitat conservation, hunting, and recreational shooting. ``(b) Duties of the Advisory Committee.--The Advisory Committee shall advise the Secretaries with regard to-- ``(1) implementation of Executive Order No. 13443: Facilitation of Hunting Heritage and Wildlife Conservation, which directs Federal agencies `to facilitate the expansion and enhancement of hunting opportunities and the management of game species and their habitat'; ``(2) policies or programs to conserve and restore wetlands, agricultural lands, grasslands, forest, and rangeland habitats; ``(3) policies or programs to promote opportunities and access to hunting and shooting sports on Federal lands; ``(4) policies or programs to recruit and retain new hunters and shooters; ``(5) policies or programs that increase public awareness of the importance of wildlife conservation and the social and economic benefits of recreational hunting and shooting; and ``(6) policies or programs that encourage coordination among the public, the hunting and shooting sports community, wildlife conservation groups, and States, tribes, and the Federal Government. ``(c) Membership.-- ``(1) Appointment.-- ``(A) In general.--The Advisory Committee shall consist of no more than 16 discretionary members and 7 ex officio members. ``(B) Ex officio members.--The ex officio members are-- ``(i) the Director of the United States Fish and Wildlife Service or a designated representative of the Director; ``(ii) the Director of the Bureau of Land Management or a designated representative of the Director; ``(iii) the Director of the National Park Service or a designated representative of the Director; ``(iv) the Chief of the Forest Service or a designated representative of the Chief; ``(v) the Chief of the Natural Resources Conservation Service or a designated representative of the Chief; ``(vi) the Administrator of the Farm Service Agency or a designated representative of the Administrator; and ``(vii) the Executive Director of the Association of Fish and Wildlife Agencies. ``(C) Discretionary members.--The discretionary members shall be appointed jointly by the Secretaries from at least one of each of the following: ``(i) State fish and wildlife agencies. ``(ii) Game bird hunting organizations. ``(iii) Wildlife conservation organizations. ``(iv) Big game hunting organizations. ``(v) The tourism, outfitter, or guiding industry. ``(vi) The firearms or ammunition manufacturing industry. ``(vii) The hunting or shooting equipment retail industry. ``(viii) Tribal resource management organizations. ``(ix) The agriculture industry. ``(x) The ranching industry. ``(xi) Waterfowl hunting organizations. ``(D) Eligibility.--Prior to the appointment of the discretionary members, the Secretaries shall determine that all individuals nominated for appointment to the Advisory Committee, and the organization each individual represents, actively support and promote sustainable-use hunting, wildlife conservation, and recreational shooting. ``(2) Terms.-- ``(A) In general.--Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. Members shall not be appointed for more than 3 consecutive or nonconsecutive terms. ``(B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the members first appointed-- ``(i) 6 members shall be appointed for a term of 4 years; ``(ii) 5 members shall be appointed for a term of 3 years; and ``(iii) 5 members shall be appointed for a term of 2 years. ``(3) Preservation of public advisory status.--No individual may be appointed as a discretionary member of the Advisory Committee while serving as an officer or employee of the Federal Government. ``(4) Vacancy and removal.-- ``(A) In general.--Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. ``(B) Removal.--Advisory Committee members shall serve at the discretion of the Secretaries and may be removed at any time for good cause. ``(5) Continuation of service.--Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed. ``(6) Chairperson.--The Chairperson of the Advisory Committee shall be appointed for a 3-year term by the Secretaries, jointly, from among the members of the Advisory Committee. An individual may not be appointed as Chairperson for more than 2 consecutive or nonconsecutive terms. ``(7) Pay and expenses.--Members of the Advisory Committee shall serve without pay for such service, but each member of the Advisory Committee may be reimbursed for travel and lodging incurred through attending meetings of the Advisory Committee approved subgroup meetings in the same amounts and under the same conditions as Federal employees (in accordance with section 5703 of title 5, United States Code). ``(8) Meetings.-- ``(A) In general.--The Advisory Committee shall meet at the call of the Secretaries, the chairperson, or a majority of the members, but not less frequently than twice annually. ``(B) Open meetings.--Each meeting of the Advisory Committee shall be open to the public. ``(C) Prior notice of meetings.--Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register and be submitted to trade publications and publications of general circulation. ``(D) Subgroups.--The Advisory Committee may establish such workgroups or subgroups as it deems necessary for the purpose of compiling information or conducting research. However, such workgroups may not conduct business without the direction of the Advisory Committee and must report in full to the Advisory Committee. ``(9) Quorum.--Nine members of the Advisory Committee shall constitute a quorum. ``(d) Expenses.--The expenses of the Advisory Committee that the Secretaries determine to be reasonable and appropriate shall be paid by the Secretaries. ``(e) Administrative Support, Technical Services, and Advice.--A designated Federal Officer shall be jointly appointed by the Secretaries to provide to the Advisory Committee the administrative support, technical services, and advice that the Secretaries determine to be reasonable and appropriate. ``(f) Annual Report.-- ``(1) Required.--Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretaries, the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. If circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretaries shall advise the Chairpersons of each such Committee of the reasons for such delay and the date on which the submission of the report is anticipated. ``(2) Contents.--The report required by paragraph (1) shall describe-- ``(A) the activities of the Advisory Committee during the preceding year; ``(B) the reports and recommendations made by the Advisory Committee to the Secretaries during the preceding year; and ``(C) an accounting of actions taken by the Secretaries as a result of the recommendations. ``(g) Federal Advisory Committee Act.--The Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). ``(h) Abolishment of the Existing Wildlife and Hunting Heritage Conservation Council Advisory Committee.--Effective on the date of the enactment of this Act, the Wildlife and Hunting Heritage Conservation Council formed in furtherance of section 441 of the Revised Statutes (43 U.S.C. 1457), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a), and other Acts applicable to specific bureaus of the Department of the Interior is hereby abolished.''.", "summary": "Sportsmen's Heritage And Recreational Enhancement or SHARE Act - Amends the Fish and Wildlife Coordination Act to establish the Wildlife and Hunting Heritage Conservation Council Advisory Committee to advise the Secretaries of the Interior and of Agriculture (USDA) on wildlife and habitat conservation, hunting, and recreational shooting. Requires the Advisory Committee to report annually to the Secretaries and to Congress. Exempts the Advisory Committee from the Federal Advisory Committee Act. Abolishes the Wildlife and Hunting Heritage Conservation Council."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Police Gun Buyback Assistance Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Buford Furrow, a white supremacist, used a Glock pistol decommissioned and sold by a law enforcement agency in the State of Washington, to shoot children at a Jewish community center in Los Angeles and kill a postal worker. (2) Twelve firearms were recently stolen during shipment from the Miami-Dade Police Department to Chicago, Illinois. Four of these firearms have been traced to crimes in Chicago, Illinois, including a shooting near a playground. (3) In the past 9 years, decommissioned firearms once used by law enforcement agencies have been involved in more than 3,000 crimes, including 293 homicides, 301 assaults, and 279 drug-related crimes. (4) Many State and local law enforcement departments also engage in the practice of reselling firearms that were involved in the commission of a crime and confiscated. Often these firearms are assault weapons that were in circulation prior to the restrictions imposed by the Violent Crime Control and Law Enforcement Act of 1994. (5) Law enforcement departments in the States of New York and Georgia, the City of Chicago, and other localities have adopted the practice of destroying decommissioned firearms. (b) Purpose.--The purpose of this Act is to reduce the number of firearms on the streets by assisting State and local law enforcement agencies in eliminating the practice of transferring decommissioned firearms to any person. SEC. 3. PROGRAM AUTHORIZED. (a) Grants.--The Attorney General may make grants to States or units of local government-- (1) to assist States and units of local government in purchasing new firearms without transferring decommissioned firearms to any person; and (2) to destroy decommissioned firearms. (b) Eligibility.-- (1) In general.--Except as provided in paragraph (2), to be eligible to receive a grant under this Act, a State or unit of local government shall certify that it has in effect a law or official policy that-- (A) eliminates the practice of transferring any decommissioned firearm to any person; and (B) provides for the destruction of a decommissioned firearm. (2) Exception.--A State or unit of local government may transfer a decommissioned firearm to a law enforcement agency. (c) Use of Funds.--A State or unit of local government that receives a grant under this Act shall only use that grant to purchase new firearms. SEC. 4. APPLICATIONS. (a) State Applications.--To request a grant under this Act, the chief executive of a State shall submit an application, signed by the Attorney General of the State requesting the grant, to the Attorney General in such form and containing such information as the Attorney General may reasonably require. (b) Local Applications.--To request a grant under this Act, the chief executive of a unit of local government shall submit an application, signed by the chief law enforcement officer in the unit of local government requesting the grant, to the Attorney General in such form and containing such information as the Attorney General may reasonably require. SEC. 5. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to implement this Act, which shall specify the information that must be included and the requirements that the States and units of local government must meet in submitting applications for grants under this Act. SEC. 6. REPORTING. (a) In General.--A State or unit of local government shall report to the Attorney General not later than 2 years after funds are received under this Act, regarding the implementation of this Act. (b) Budget Assurances.--The report required under subsection (a) shall include budget assurances that any future purchase of a firearm by a law enforcement agency will be possible without transferring a decommissioned firearm. SEC. 7. DEFINITION. In this Act: (1) Decommissioned firearm.--The term ``decommissioned firearm'' means a firearm-- (A) that is no longer in service or use by a law enforcement agency; or (B) that was involved in the commission of a crime and was confiscated and is no longer needed for evidentiary purposes. (2) Firearm.--The term ``firearm'' has the same meaning given that term in section 921(a)(3) of title 18, United States Code. (3) Person.--The term ``person'' has the same meaning given that term in section 1 of title 1, United States Code. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000 for each of the fiscal years 2001 through 2005.", "summary": "Police Gun Buyback Assistance Act - Authorizes the Attorney General to make grants to assist eligible States or units of local government in: (1) purchasing new firearms without transferring decommissioned firearms to any person; and (2) destroying decommissioned firearms."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Honest Fishermen Act of 2015''. SEC. 2. SEAFOOD SAFETY. (a) Coordination.-- (1) National sea grant college program.--The Administrator of the National Oceanic and Atmospheric Administration shall ensure that the Administration's seafood inspection activities are coordinated with the national sea grant college program to provide outreach to the States, local health agencies, consumers, and the seafood industry on seafood safety. (2) Inspecting to prevent seafood fraud.--The Secretary of Commerce and the Secretary of Health and Human Services shall, to the maximum extent practicable, ensure that inspections and tests for seafood safety also collect information for seafood fraud detection and prevention. (b) List of Offenders.--The Secretary of Health and Human Services, in consultation with the Secretary of Commerce, shall develop, maintain, and post on the public website of the Department of Health and Human Services a list that-- (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States; and (2) for each such exporter, tracks the timing, type, and frequency of violations of Federal law relating to seafood safety. (c) Impact on Existing Food Safety Authority.--Nothing in this section limits the authority of the Secretary of Health and Human Services to execute or enforce food safety laws, including the FDA Food Safety Modernization Act (Public Law 111-353). SEC. 3. SEAFOOD IDENTIFICATION. (a) Seafood Traceability Requirements.-- (1) In general.--Beginning not later than the end of calendar year 2017, the Secretary of Commerce, in consultation with the Secretaries of Health and Human Services and Homeland Security, shall implement the following requirements with respect to seafood imported into the United States or otherwise distributed or offered for sale in interstate commerce: (A) In addition to disclosure of the United Nations Food and Agriculture Organization Major Fishing Area, or a more specific location, in which the fish was caught, and of the information required to be submitted to the Secretary of Commerce under section 303(a)(5) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(5)), at a minimum the following information shall be displayed on the packaging of, or otherwise accompany, seafood through processing, distribution, and final sale: (i) The acceptable market name (as determined by the Food and Drug Administration) and scientific name for the seafood species. (ii) Whether the seafood was harvested wild or was farm-raised. (iii) The method of harvest of the seafood including gear type as listed in section 600.725 of title 50, Code of Federal Regulations and defined in section 600.10 of such title. (iv) The date of the catch. (v) The weight or number, as appropriate, of product for an individual fish or lot. (B) If seafood has been previously frozen, treated with any substance (other than ice or water) that may affect the true weight of the seafood, or processed in a country other than that in which it was landed or harvested, by any harvester, processor, distributor, or retailer, such information shall be included in the labeling of, or otherwise accompany, the seafood through processing, distribution, and final sale. (C) If the seafood was farm-raised, that information, along with information regarding the country of cultivation, the location of the aquaculture production area, and the method of cultivation, shall be included in the labeling of, or otherwise accompany, the seafood through processing, distribution, and final sale. (D) No importer, processor, distributor, or retailer may be found to be in violation of the requirements under this subsection for unknowingly selling a product that was already mislabeled upon receipt, provided that the importer, processor, distributor, or retailer can provide the required product traceability documentation. (2) Alternative means of disclosure for certain categories of information.-- (A) In general.--Notwithstanding paragraph (1), instead of including any category of information described in subparagraph (B) in the packaging or labeling of seafood, an importer, processor, distributor, or retailer (including a restaurant) may, with respect to such category, choose to satisfy the requirements of this paragraph by making the information available upon request to any Federal, State, or local official authorized to conduct inspections of-- (i) seafood; or (ii) any facility that processes or sells seafood. (B) Categories.--The categories of information described in this subparagraph are-- (i) the information required to be submitted to the Secretary of Commerce under section 303(a)(5) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(5)); (ii) if the seafood was farm-raised, the location of the aquaculture production area, and the method of cultivation; (iii) the date of the catch; and (iv) the weight or number, as appropriate, of product for an individual fish or lot. (3) Domestic fishermen.--Disclosure of data pursuant to section 303(a)(5) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(5)) by a person engaging in fishing on a vessel of the United States in the exclusive economic zone (as those terms are used in that Act) is deemed to be in compliance by such person with the requirements implemented under paragraph (1) of this subsection. (b) Refusal of Admission.-- (1) In general.--Subject to paragraphs (3) and (4), all seafood imported or offered for import originating from an exporter shall be refused admission if-- (A) the Secretary of Commerce finds that any shipment of such seafood appears to be in violation of subsection (a); or (B) the Secretary of Health and Human Services finds that any shipment of such seafood appears to be in violation of this Act or other applicable Federal laws or regulations. (2) Import certification.--For any exporter whose seafood products are refused admission under paragraph (1) based on a prior shipment, the Secretary of Health and Human Services shall determine whether to require, as a condition of granting admission into the United States to an article of seafood originating from such exporter, that such seafood be accompanied by a certification or other assurance under section 801(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(q)). (3) Allowance of individual shipments.--Paragraph (1) does not apply with respect to an individual shipment of seafood originating from an exporter whose products must otherwise be refused admission under such paragraph if the exporter presents evidence to the Secretary of Health and Human Services or the Secretary of Commerce from a laboratory accredited under section 422 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350k), or other equivalent evidence, documenting that the shipment is in compliance with the provisions of subsection (a) and other applicable Federal laws or regulations prohibiting seafood fraud. (4) Termination of individual shipment screening requirement.--Paragraph (1) shall cease to prohibit the admission of seafood originating from an exporter based on a prior shipment if the Secretary of Health and Human Services or the Secretary of Commerce determines that-- (A) each prior shipment whose appearance triggered the application of such paragraph was in fact in compliance with the provisions of subsection (a) and other applicable Federal laws or regulations, including those prohibiting seafood fraud; or (B) during the preceding 12 months, no shipment of seafood originating from the exporter has triggered the application of paragraph (1). (c) Penalties.--The Secretary of Commerce shall prevent any person from violating this Act, or any Act to which this section applies, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of and applicable to this Act. (d) List of Offenders.--The Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall develop, maintain, and post on the public website of the Department of Commerce a list that-- (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States; and (2) for each such exporter, tracks the timing, type, and frequency of violations of Federal law relating to seafood fraud. (e) Inspections.--The Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall-- (1) increase, as resources allow, the number of foreign and domestic seafood shipments that are inspected for seafood fraud by National Oceanic and Atmospheric Administration inspectors and authorized officers, including verification of compliance with the traceability requirements of subsection (a); (2) ensure that the percentage of seafood shipments inspected during a given year is not lower than the percentage inspected during the previous year; and (3) to the maximum extent practicable, ensure that inspections and tests for seafood fraud prevention also collect information to support the Secretary of Health and Human Services in implementing the seafood safety requirements of the FDA Food Safety Modernization Act (Public Law 111-353). (f) Impact on Existing Food Safety Authority.--Nothing in this section shall be construed to limit the authority of the Secretary of Health and Human Services to execute or enforce food safety laws or regulations that may be adopted pursuant to the FDA Food Safety Modernization Act (Public Law 111-353). SEC. 4. AUTHORITY OF STATES. Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of seafood fraud in violation of subsection (a) or (b) of section 3, the State may bring a civil action on behalf of its residents to enjoin fraud, an action to recover for actual monetary loss or receive $10,000 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated this Act, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. Nothing in this section shall preclude an individual from bringing a civil action. SEC. 5. PREEMPTION. Nothing in this Act preempts the authority of a State to establish and enforce requirements for improving seafood safety and preventing seafood fraud that are consistent with the requirements of this Act. SEC. 6. DEFINITIONS. In this Act: (1) The term ``other applicable Federal laws and regulations'' means Federal statutes, regulations, and international agreements (other than this Act) pertaining to the importation, exportation, transportation, sale, harvest, processing, or trade of seafood, including the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the FDA Food Safety Modernization Act (Public Law 111-353), the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.), subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.), parts 60 and 65 of title 7, Code of Federal Regulations (or any successor regulations), and part 123 of title 21, Code of Federal Regulations (or any successor regulations). (2) The term ``seafood'' means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. (3) The term ``seafood fraud'' means the mislabeling or misrepresentation of the information required under this Act or other applicable Federal laws and regulations.", "summary": "Protecting Honest Fishermen Act of 2015 This bill requires the National Oceanic and Atmospheric Administration (NOAA) to ensure that its seafood inspection activities are coordinated with the national sea grant college program to provide outreach on seafood safety to states, local health agencies, consumers, and the seafood industry. The Department of Commerce and the Department of Health and Human Services (HHS) must ensure that seafood inspections and tests collect information for seafood fraud detection and prevention. \"Seafood fraud\" is defined as the mislabeling or misrepresentation of seafood information. Seafood imported into the United States or distributed or offered for sale in interstate commerce must display (on its packaging or otherwise accompanying the seafood) through processing, distribution, and final sale: (1) the market and scientific species names, (2) whether the seafood was harvested wild or was farm-raised, (3) the harvest method and date of the catch, and (4) the weight or number of product for an individual fish or lot. Additional information is required for seafood that was: (1) previously frozen, treated with substances affecting weight, or processed in a country other than that in which it was landed or harvested; or (2) farm-raised. The bill exempts importers, processors, distributors, or retailers from violations for unknowingly selling a product that was already mislabeled upon receipt, provided that such entities can produce the appropriate product traceability documentation. As an alternative to the disclosure requirements for certain categories of information, an importer, processor, distributor, or retailer (including a restaurant) may make the information available upon request to federal, state, or local officials authorized to conduct inspections of: (1) seafood, or (2) any facility that processes or sells seafood. Persons engaging in fishing on a U.S. vessel in the exclusive economic zone under the Magnuson-Stevens Fishery Conservation and Management Act are deemed to be in compliance with traceability requirements if they disclose data required for a fishery management plan. Seafood imports from an exporter shall be refused admission if any shipment of such seafood appears to be in violation of such seafood traceability requirements or other applicable federal laws or regulations. An exception is provided for individual shipments if the exporter presents evidence of compliance from an accredited laboratory. HHS and Commerce must post on their public websites a list that: (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States; and (2) tracks, for each exporter, the timing, type, and frequency of violations. Commerce is required to: (1) increase the number of shipments inspected for seafood fraud by NOAA inspectors and authorized officers, (2) prevent the percentage of seafood shipments inspected from declining in a subsequent year, and (3) ensure that inspections for fraud prevention also collect seafood safety information. The bill also authorizes states to bring civil actions for seafood fraud violations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrity of the United States Courts Act of 2001''. SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS. (a) In General.--Subtitle A of title IV of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended by inserting after section 404 the following new section: ``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS. ``(a) Basis for Review in Court of International Trade.-- ``(1) In general.--If, within 30 days after publication in the Federal Register of notice that a binational panel has issued a determination following a review under article 1904 of a decision of a competent investigating authority in the United States, a party or person within the meaning of paragraph 5 of article 1904 alleges that-- ``(A)(i) the determination of the panel was based on a misinterpretation of United States law; ``(ii) a member of a panel was guilty of a gross misconduct, bias, or a serious conflict of interest, or otherwise materially violated the rules of conduct, ``(iii) the panel seriously departed from a fundamental rule of procedure, or ``(iv) the panel manifestly exceeded its powers, authority, or jurisdiction set out in article 1904, as in failing to apply the appropriate standard of review, and ``(B) any of the actions described in subparagraph (A) has materially affected the panel's decision and threatens the integrity of the binational panel review process, then such party or person may file an appeal with the United States Court of International Trade, seeking review of the binational panel determination, pursuant to section 516A of the Tariff Act of 1930. ``(2) Review in court of international trade where binational panel does not act.--If a request for a panel review has been made under article 1904 and a panel is not convened within 315 days of the request, the Party requesting the panel review or person within the meaning of paragraph 5 of article 1904 may file an appeal of the antidumping or countervailing duty determination with respect to which the request was filed with the United States Court of International Trade. ``(b) Decisions of the Court.-- ``(1) In general.--In any appeal filed under subsection (a)(1) for review of a binational panel determination, the Court of International Trade shall, after examining the legal and factual analysis underlying the findings and conclusions of the panel's decision, determine whether any of the actions described in subsection (a)(1)(A) has been established. If the court finds that any of those actions has been established, the court shall vacate the original panel decision and enter judgment accordingly. If the actions are not established, the court shall affirm the original binational panel decision. Decisions of the Court of International Trade under this section shall be binding on the parties with respect to the matters between the parties that were before the panel. ``(2) Decisions where panel not convened.--In the case of an appeal filed under subsection (a)(2) for review of a determination of a competent investigating authority, the Court of International Trade shall, after examining the legal and factual analysis underlying the findings and conclusions of the investigating authority's determination, determine whether the determination was made in accordance with article 1904. If the court finds that the determination was not in accordance with article 1904 or is not supported by the legal and factual analysis, the court shall vacate the investigating authority's determination and enter judgment accordingly. If the court finds that the determination was in accordance with article 1904 and is supported by the legal and factual analysis, the court shall affirm the investigating authority's determination. Decisions of the Court of International Trade under this section shall be binding on the parties with respect to the matters between the parties that would have been before a panel had the panel been convened. ``(c) Exclusive Jurisdiction.--If a party or person within the meaning of paragraph 5 of article 1904 timely files a notice of appeal to the Court of International Trade pursuant to this section, then jurisdiction exclusively resides with the United States Court of International Trade, and such determinations are not subject to review by an extraordinary challenge committee under paragraph 13 of article 1904. ``(d) Applicability.--Subsections (a)(1), (b)(1), and (c) apply to all goods from NAFTA countries which were subject to an antidumping duty or countervailing duty determination of a competent investigating authority in the United States.''. (b) Conforming Amendment.--The table of contents of the North American Free Trade Implementation Act is amended by inserting after the item relating to section 404 the following: ``Sec. 404A. Review of binational panel determinations.''. SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE. Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A)(i)(I), by striking ``or (viii)'' and inserting ``(viii), (ix), or (x)''; and (B) in subparagraph (B), by adding at the end the following: ``(ix) A final determination of a binational panel convened pursuant to article 1904 of the NAFTA. ``(x) A final determination of an investigating authority described in section 404A(a)(2) of the North American Free Trade Agreement Implementation Act.''; (2) in subsection (a)(5), in the matter preceding subparagraph (A), by inserting ``(other than a determination described in subsection (g)(3)(A)(vii))'' after ``apply''; and (3) in subsection (g)(3)(A)-- (A) in clause (v), by striking ``or'' at the end; (B) in clause (vi), by striking the period and inserting ``, or''; and (C) by adding at the end the following: ``(vii) a determination of which either a party or person within the meaning of paragraph 5 of article 1904 of the NAFTA has requested review pursuant to section 404A of the North American Free Trade Agreement Implementation Act.''. SEC. 4. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act, the amendments made by this Act shall apply with respect to goods from Canada and Mexico. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to any final determination of a binational panel convened pursuant to article 1904 of the North American Free Trade Agreement or to a final determination of a competent investigating authority with respect to which section 404A(a)(2) of the North American Free Trade Agreement Implementation Act applies, notice of which is published in the Federal Register on or after the date of enactment of this Act.", "summary": "Integrity of the United States Courts Act of 2001 - Amends the North American Free Trade Agreement (NAFTA) Implementation Act to permit a party or person to file with the U.S. Court of International Trade an appeal of a determination of a binational panel, alleging that a panel determination was based on a misinterpretation of U.S. law, a member of a binational panel is guilty of gross misconduct, bias, or serious conflict of interest, or that the panel seriously departed from a fundamental rule of procedure or exceeded its own authority, and such actions have materially affected panel determinations with respect to antidumping and countervailing duty cases and threaten the integrity of the panel review process.Authorizes a party to file an appeal of the antidumping or countervailing duty determination with the U.S. Court of International Trade if such party has requested a panel review of the determination, but such panel is not convened within 315 days.Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of a binational panel or an investigating authority.Declares that the amendments made by this Act with respect to antidumping and countervailing duty law shall apply to goods from Canada and Mexico."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Death Tax Repeal Act of 2015''. SEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES. (a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 2210. TERMINATION. ``(a) In General.--Except as provided in subsection (b), this chapter shall not apply to the estates of decedents dying on or after the date of the enactment of the Death Tax Repeal Act of 2015. ``(b) Certain Distributions From Qualified Domestic Trusts.--In applying section 2056A with respect to the surviving spouse of a decedent dying before the date of the enactment of the Death Tax Repeal Act of 2015-- ``(1) section 2056A(b)(1)(A) shall not apply to distributions made after the 10-year period beginning on such date, and ``(2) section 2056A(b)(1)(B) shall not apply on or after such date.''. (b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of chapter 13 of subtitle B of such Code is amended by adding at the end the following new section: ``SEC. 2664. TERMINATION. ``This chapter shall not apply to generation-skipping transfers on or after the date of the enactment of the Death Tax Repeal Act of 2015.''. (c) Conforming Amendments.-- (1) The table of sections for subchapter C of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 2210. Termination.''. (2) The table of sections for subchapter G of chapter 13 of such Code is amended by adding at the end the following new item: ``Sec. 2664. Termination.''. (d) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and generation-skipping transfers, on or after the date of the enactment of this Act. SEC. 3. MODIFICATIONS OF GIFT TAX. (a) Computation of Gift Tax.--Subsection (a) of section 2502 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Computation of Tax.-- ``(1) In general.--The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of-- ``(A) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over ``(B) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for each of the preceding calendar periods. ``(2) Rate schedule.-- ``If the amount with respect to which The tentative tax is: the tentative tax to be computed is:. Not over $10,000....................... 18% of such amount. Over $10,000 but not over $20,000...... $1,800, plus 20% of the excess over $10,000. Over $20,000 but not over $40,000...... $3,800, plus 22% of the excess over $20,000. Over $40,000 but not over $60,000...... $8,200, plus 24% of the excess over $40,000. Over $60,000 but not over $80,000...... $13,000, plus 26% of the excess over $60,000. Over $80,000 but not over $100,000..... $18,200, plus 28% of the excess over $80,000. Over $100,000 but not over $150,000.... $23,800, plus 30% of the excess over $100,000. Over $150,000 but not over $250,000.... $38,800, plus 32% of the excess of $150,000. Over $250,000 but not over $500,000.... $70,800, plus 34% of the excess over $250,000. Over $500,000.......................... $155,800, plus 35% of the excess of $500,000.''. (b) Treatment of Certain Transfers in Trust.--Section 2511 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Treatment of Certain Transfers in Trust.--Notwithstanding any other provision of this section and except as provided in regulations, a transfer in trust shall be treated as a taxable gift under section 2503, unless the trust is treated as wholly owned by the donor or the donor's spouse under subpart E of part I of subchapter J of chapter 1.''. (c) Lifetime Gift Exemption.-- (1) In general.--Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $5,000,000, reduced by''. (2) Inflation adjustment.--Section 2505 of such Code is amended by adding at the end the following new subsection: ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any calendar year after 2011, the dollar amount in subsection (a)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (d) Conforming Amendments.-- (1) The heading for section 2505 of such Code is amended by striking ``unified''. (2) The item in the table of sections for subchapter A of chapter 12 of such Code relating to section 2505 is amended to read as follows: ``Sec. 2505. Credit against gift tax.''. (3) Section 2801(a)(1) of such Code is amended by striking ``section 2001(c) as in effect on the date of such receipt'' and inserting ``section 2502(a)(2)''. (e) Effective Date.--The amendments made by this section shall apply to gifts made on or after the date of the enactment of this Act. (f) Transition Rule.-- (1) In general.--For purposes of applying sections 1015(d), 2502, and 2505 of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as 2 separate calendar years one of which ends on the day before the date of the enactment of this Act and the other of which begins on such date of enactment. (2) Application of section 2504(b).--For purposes of applying section 2504(b) of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as one preceding calendar period. SEC. 4. BUDGETARY EFFECTS. The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. Passed the House of Representatives April 16, 2015. Attest: KAREN L. HAAS, Clerk.", "summary": "Death Tax Repeal Act of 2015 (Sec. 2) This bill amends the Internal Revenue Code to repeal the estate and generation-skipping transfer taxes for estates of decedents dying or for transfers made on or after the enactment date of this Act. In the case of assets placed in a qualified domestic trust by a decedent who dies prior to the enactment of this Act, the current estate tax will not apply to: (1) distributions from such trust before the death of a surviving spouse made more than 10 years after the enactment date of this Act, and (2) assets remaining in such trust upon the death of the surviving spouse. (Sec. 3) This section revises gift tax rates to lower the top rate to 35% and deems a transfer in trust to be a taxable gift unless the trust is treated as wholly-owned by the donor or the donor's spouse. The lifetime exemption for gifts is set at $5 million with a cost-of-living adjustment for calendar years beginning after 2011. The adjusted exemption amount in 2015 is $5.43 million. (Sec. 4) The budgetary effects of this Act are exempted from entry on either PAYGO scorecard maintained under the Statutory Pay-As-You-Go Act of 2010."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Education Achieves Care and Healthy Outcomes for Users' Treatment Act of 2018'' or the ``REACH OUT Act of 2018''. SEC. 2. GRANTS TO PROVIDE TECHNICAL ASSISTANCE TO OUTLIER PRESCRIBERS OF OPIOIDS. (a) Grants Authorized.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall, through the Centers for Medicare & Medicaid Services, award grants, contracts, or cooperative agreements to eligible entities for the purposes described in subsection (b). (b) Use of Funds.--Grants, contracts, and cooperative agreements awarded under subsection (a) shall be used to support eligible entities through technical assistance-- (1) to educate and provide outreach to outlier prescribers of opioids about best practices for prescribing opioids; (2) to educate and provide outreach to outlier prescribers of opioids about non-opioid pain management therapies; and (3) to reduce the amount of opioid prescriptions prescribed by outlier prescribers of opioids. (c) Application.--Each eligible entity seeking to receive a grant, contract, or cooperative agreement under subsection (a) shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. (d) Geographic Distribution.--In awarding grants, contracts, and cooperative agreements under this section, the Secretary shall prioritize establishing technical assistance resources in each State. (e) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) an organization-- (i) that has demonstrated experience providing technical assistance to health care professionals on a State or regional basis; and (ii) that has at least-- (I) one individual who is a representative of consumers on its governing body; and (II) one individual who is a representative of health care providers on its governing body; or (B) an entity that is a quality improvement entity with a contract under part B of title XI of the Social Security Act (42 U.S.C. 1320c et seq.). (2) Outlier prescriber of opioids.--The term ``outlier prescriber of opioids'' means a prescriber, identified by the Secretary of Health and Human Services (through use of prescriber information provided by prescriber National Provider Identifiers included pursuant to section 1860D-4(c)(4)(A) of the Social Security Act (42 U.S.C. 1395w-104(c)(4)(A)) on claims for covered part D drugs for part D eligible individuals enrolled in prescription drug plans under part D of title XVIII of such Act (42 U.S.C. 1395w-101 et seq.) and MA-PD plans under part C of such title (42 U.S.C. 1395w-21 et seq.)) as prescribing, as compared to other prescribers in the specialty of the prescriber and geographic area, amounts of opioids in excess of a threshold (and other criteria) specified by the Secretary, after consultation with stakeholders. (3) Prescribers.--The term ``prescriber'' means any health care professional, including a nurse practitioner or physician assistant, who is licensed to prescribe opioids by the State or territory in which such professional practices. (f) Funding.--For purposes of implementing this section, $75 million shall be available from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t), to remain available until expended. SEC. 3. PROMOTING VALUE IN MEDICAID MANAGED CARE. Section 1903(m) of the Social Security Act (42 U.S.C. 1396b(m)) is amended by adding at the end the following new paragraph: ``(7)(A) With respect to expenditures described in subparagraph (B) that are incurred by a State for any fiscal year after fiscal year 2025 (and before fiscal year 2029), in determining the pro rata share to which the United States is equitably entitled under subsection (d)(3), the Secretary shall substitute the Federal medical assistance percentage that applies for such fiscal year to the State under section 1905(b) (without regard to any adjustments to such percentage applicable under such section or any other provision of law) for the percentage that applies to such expenditures under section 1905(y). ``(B) Expenditures described in this subparagraph, with respect to a fiscal year to which subparagraph (A) applies, are expenditures incurred by a State for payment for medical assistance provided to individuals described in subclause (VIII) of section 1902(a)(10)(A)(i) by a managed care entity, or other specified entity (as defined in subparagraph (D)(iii)), that are treated as remittances because the State-- ``(i) has satisfied the requirement of section 438.8 of title 42, Code of Federal Regulations (or any successor regulation), by electing-- ``(I) in the case of a State described in subparagraph (C), to apply a minimum medical loss ratio (as defined in subparagraph (D)(ii)) that is at least 85 percent but not greater than the minimum medical loss ratio (as so defined) that such State applied as of May 31, 2018; or ``(II) in the case of a State not described in subparagraph (C), to apply a minimum medical loss ratio that is equal to 85 percent; and ``(ii) recovered all or a portion of the expenditures as a result of the entity's failure to meet such ratio. ``(C) For purposes of subparagraph (B), a State described in this subparagraph is a State that as of May 31, 2018, applied a minimum medical loss ratio (as calculated under subsection (d) of section 438.8 of title 42, Code of Federal Regulations (as in effect on June 1, 2018)) for payment for services provided by entities described in such subparagraph under the State plan under this title (or a waiver of the plan) that is equal to or greater than 85 percent. ``(D) For purposes of this paragraph: ``(i) The term `managed care entity' means a medicaid managed care organization described in section 1932(a)(1)(B)(i). ``(ii) The term `minimum medical loss ratio' means, with respect to a State, a minimum medical loss ratio (as calculated under subsection (d) of section 438.8 of title 42, Code of Federal Regulations (as in effect on June 1, 2018)) for payment for services provided by entities described in subparagraph (B) under the State plan under this title (or a waiver of the plan). ``(iii) The term `other specified entity' means-- ``(I) a prepaid inpatient health plan, as defined in section 438.2 of title 42, Code of Federal Regulations (or any successor regulation); and ``(II) a prepaid ambulatory health plan, as defined in such section (or any successor regulation).''. Passed the House of Representatives June 19, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Responsible Education Achieves Care and Healthy Outcomes for Users’ Treatment Act of 2018 or the REACH OUT Act of 2018 (Sec. 2) This bill requires the Centers for Medicare & Medicaid Services to award grants, contracts, or cooperative agreements to qualifying organizations in order to support efforts to curb outlier prescribers of opioids under the Medicare prescription drug benefit and Medicare Advantage prescription drug plans. (Sec. 3) Additionally, the bill temporarily eliminates the enhanced federal matching rate for Medicaid expenditures regarding specified medical services provided by certain managed care organizations."}
{"article": "SECTION 1. FINDINGS. The Congress makes the following findings: (1) According to the Surgeon General of the United States, the epidemic of human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) will soon become the worst epidemic of infectious disease in recorded history, eclipsing the bubonic plague of the 1300's and the influenza epidemic of 1918-1919, the latter killing more than 20,000,000 people worldwide. (2) The gap between rich and poor countries in terms of transmission of HIV from mother to child has been increasing, threatening to reverse years of steady progress of child survival in developing countries to the point that UNAIDS believes that by the year 2010 AIDS may have increased mortality of children under 5 years of age by more than 100 percent in regions most affected by the virus. (3) At current infection and growth rates for HIV/AIDS, the National Intelligence Council estimates that the number of AIDS orphans worldwide will increase dramatically, potentially increasing threefold or more in the next 10 years, contributing to economic decay, social fragmentation, and political destabilization in already volatile societies as children without care or hope are drawn into prostitution, crime, substance abuse, or child soldiery. (4) A January 2000 United States National Intelligence Estimate (NIE) report on the global infectious disease threat concluded that the economic costs of infectious diseases-- especially HIV/AIDS--are already significant and could reduce gross domestic product by 20 percent or more by 2010 in some sub-Saharan African nations. (5) Despite the discouraging statistics on the spread of HIV/AIDS, some developing nations, such as Uganda, Senegal, and Thailand, have implemented prevention programs that have substantially curbed the rate of HIV infection. (6) Accordingly, because infectious diseases do not respect international boundaries, United States financial support for medical research, education, and disease containment as a global strategy has enormous benefits for all Americans. (7) Given the cost of combating AIDS and other infectious diseases worldwide, a contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria of all Special Drawing Rights authorized to be allocated to the United States under a proposed Fourth Amendment to the Articles of Agreement of the International Monetary Fund would be a significant step in combating this epidemic. (8) In September 1997, the international community endorsed the proposed Fourth Amendment, but the amendment has not been implemented because the Executive Branch has not requested Congressional authorization for United States approval of the Fourth Amendment. (9) The proposed Fourth Amendment has been accepted by 109 of the 110 members of the International Monetary Fund, representing 72.18 percent of the total voting power of the International Monetary Fund. (10) Whereas approval of the proposed Fourth Amendment by the United States, which holds 17.16 percent of the voting power at the International Monetary Fund, would enable the Special Drawing Rights to be allocated to the United States. (11) The Global Fund to Fight AIDS, Tuberculosis and Malaria is a method for leveraging resources from donor nations to meet the extraordinary need for resources by creating a much stronger multilateral ``burden-sharing'' approach to combating the HIV/AIDS crisis. SEC. 2. ACCEPTANCE OF FOURTH AMENDMENT TO THE ARTICLES OF AGREEMENT OF THE FUND; CONTRIBUTION OF SPECIAL DRAWING RIGHTS TO THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND MALARIA. The Bretton Woods Agreements Act (22 U.S.C. 286-286nn) is amended by adding at the end the following: ``SEC. 64. ACCEPTANCE OF FOURTH AMENDMENT TO THE ARTICLES OF AGREEMENT OF THE FUND; CONTRIBUTION OF SPECIAL DRAWING RIGHTS TO THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND MALARIA. ``(a) Acceptance of Fourth Amendment to the Articles of Agreement.--The United States Governor of the Fund shall, on behalf of the United States, accept the amendments to the Articles of Agreement of the Fund approved in resolution numbered 52-4 of the Board of Governors of the Fund. ``(b) Contribution of Special Drawing Rights to the Global Fund To Fight AIDS, Tuberculosis and Malaria.-- ``(1) Instruction to seek agreement to allow the global fund to hold special drawing rights.--The Secretary of the Treasury shall instruct the United States Executive Director at the Fund to seek an agreement to include the Bank, in its capacity as administrator of the Global Fund to Fight AIDS, Tuberculosis and Malaria, as a prescribed holder of Special Drawing Rights. ``(2) Contributions.--On achieving the agreement described in paragraph (1), the Secretary of the Treasury shall provide for the contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria, in each of fiscal years 2004 through 2006, of \\1/3\\ of the Special Drawing Rights received by the United States pursuant to the amendments referred to in subsection (a). ``(c) Negotiations To Urge Other Fund Members To Make Similar Contributions to the Global Fund.--The Secretary of the Treasury shall seek to enter into negotiations for the purpose of inducing the member countries of the Fund to contribute to the Global Fund to Fight AIDS, Tuberculosis and Malaria the Special Drawing Rights allocated pursuant to the amendments referred to in subsection (a).''.", "summary": "Amends the Bretton Woods Agreements Act to direct the U.S. Governor of the International Monetary Fund (IMF) to accept, on behalf of the United States, the fourth amendment to the Articles of Agreement of the IMF approved in resolution numbered 52- 4 of the IMF's Board of Governors.Directs the Secretary of the Treasury to: (1) instruct the U.S. Executive Director at the IMF to seek an agreement to include the International Bank for Reconstruction and Development (World Bank), in its capacity as administrator of the Global Fund to Fight AIDS, Tuberculosis and Malaria, as a prescribed holder of Special Drawing Rights; (2) upon achieving an agreement, provide for the contribution of one-third of the Special Drawing Rights received by the United States to the Global Fund to Fight AIDS, Tuberculosis and Malaria; and (3) seek to enter into negotiations to induce IMF member countries to contribute their allocated Special Drawing Rights to the Global Fund to Fight AIDS, Tuberculosis and Malaria."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Shaken Baby Syndrome Prevention Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Shaken Baby Syndrome is a term used to describe the constellation of symptoms, trauma, and medical conditions resulting from the violent shaking, or abusive impact to the head, of an infant, toddler or other young child. (2) Shaken Baby Syndrome is a form of child abuse affecting between 1,200 and 1,600 children every year. (3) Children who are age 1 or younger accounted for 41.9 percent of all child abuse and neglect fatalities in 2005, and children who are age 4 or younger accounted for 76.6 percent of all child abuse and neglect facilities in 2005. (4) The most recent National Child Abuse and Neglect Data System figures reveal that almost 900,000 children were victims of abuse and neglect in the United States in 2005. That abuse and neglect caused unspeakable pain and suffering to the Nation's most vulnerable citizens. (5) It is estimated that between one-quarter and one-third of Shaken Baby Syndrome victims die as a result of their injuries, while one-third suffer permanent, severe disabilities including paralysis, seizures, loss of hearing or vision, cognitive impairments, and other disabilities, often resulting in a lifetime of extraordinary medical, educational, and care expenses. (6) Shaken Baby Syndrome is preventable. Prevention programs have demonstrated that educating new parents and other caregivers about the danger of shaking young children, healthy strategies for coping with infant crying, infant soothing skills, and how to protect children from injury can bring about a significant reduction in the number of cases of Shaken Baby Syndrome. (7) Efforts to prevent Shaken Baby Syndrome are supported by child welfare and advocacy groups across the United States, including many groups formed by parents and relatives of children who have been killed or injured by the syndrome. (8) Education programs have been shown to raise awareness about Shaken Baby Syndrome and provide critically important information about the syndrome to caregivers, day care workers, child protection employees, law enforcement personnel, health care providers, and legal representatives. (9) Education programs can give parents healthy strategies for dealing with a crying infant and change the knowledge and behavior of parents of young children. SEC. 3. PUBLIC HEALTH CAMPAIGN. (a) In General.-- (1) Development.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Director of the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention, the Director of the National Institute of Child Health and Human Development, the Director of the Maternal and Child Health Bureau of the Health Resources and Services Administration, and the Director of the Office of Child Abuse and Neglect in the Administration for Children and Families, shall develop an effective national Shaken Baby Syndrome public health campaign. (2) Information.--The public health campaign shall inform the general public, and new parents, child care providers and other caregivers of young children, health care providers, and social workers, among others, about brain injuries and other harmful effects that may result from shaking, or abusive impact to the head, of infants and children under age 5, and healthy strategies to cope with a crying infant and related frustrations, in order to help protect children from injury. (3) Coordination.--In carrying out the public health campaign, the Secretary shall also coordinate activities with providers of other support services to parents and other caregivers of young children. (b) Activities.-- (1) In general.--In carrying out the public health campaign, the Secretary shall carry out the activities described in paragraphs (2) through (4). (2) National action plan and strategies.--The Secretary shall-- (A) develop a National Action Plan and effective strategies to increase awareness of opportunities to prevent Shaken Baby Syndrome through activities that comprehensively and systematically provide information and instruction about healthy strategies for parents and other caregivers concerning how to cope with a crying infant and related frustrations; and (B) coordinate the Plan and effective strategies with evidence-based strategies and efforts that support families with infants and other young children, such as home visiting programs and respite child care efforts, which have a role to play in prevention of the syndrome. (3) Communication, education, and training.--The Secretary shall carry out communication, education, and training about Shaken Baby Syndrome prevention, including efforts to communicate with the general public by-- (A) disseminating effective prevention practices and techniques to parents and caregivers through maternity hospitals, child care centers, organizations providing prenatal and postnatal care, organizations providing programs for fathers, and organizations providing parenting education and support services; (B)(i) producing evidence-based educational and informational materials in print, audio, video, electronic, and other media, giving special attention to educating young men and English language learners through the materials; and (ii) coordinating activities carried out under clause (i) with national and Federal awareness activities, such as the activities accompanying Shaken Baby Awareness Week, to the extent possible; (C) carrying out Shaken Baby Syndrome training, which shall aim-- (i) to ensure that primary care providers, home visitors, parent educators, child care providers, foster parents and others involved in the care of young children, and nurses, physicians, and other health care providers, are aware of ways to prevent abusive head trauma and other forms of child maltreatment, and the need to secure immediate medical attention in cases of head trauma; and (ii) to provide health care providers and early childhood educators with the knowledge, skills, and materials to simply, quickly, and effectively educate parents, including adoptive and foster parents, as well as others who are caregivers of young children, about infant crying and thus reduce abuse. (4) Supports for parents and caregivers.-- (A) In general.--The Secretary, in consultation with the Shaken Baby Awareness Advisory Council, shall work to ensure that the parents and caregivers of children are connected to effective supports through the coordination of existing programs and networks or the establishment of new programs. (B) Supports.--To the extent practicable, the supports provided under this paragraph shall include the provision of a 24-hour phone hotline, and the development of an Internet website for round-the-clock support, for-- (i) parents and caregivers who struggle with infant crying and related concerns; (ii) parents and caregivers of surviving children who suffer serious injuries as a result of shaking or an abusive impact to the head, as a young child; and (iii) parents and family members of children who do not survive such shaking or abusive impact. (c) Shaken Baby Awareness Advisory Council.-- (1) Establishment.--There is established a Shaken Baby Awareness Advisory Council (referred to in this subsection as the ``Council''). (2) Membership.--The Council shall be composed of members appointed by the Secretary, not later than 6 months after the date of enactment of this Act, including, to the maximum extent possible, representatives from-- (A) Shaken Baby Awareness advocacy organizations, including groups formed by parents and relatives of victims; (B) child protection advocacy organizations; (C) organizations involved in child protection and child maltreatment prevention; (D) disability advocacy organizations; (E) pediatric medical associations; (F) psychologists, child development professionals, or family studies professionals; (G) professional associations or institutions involved in medical research related to abusive head trauma; (H) academic institutions; (I) parenting support organizations, including those providing programs targeted towards fathers; (J) organizations who come in contact with families and caregivers of infants, toddlers, and other young children; and (K) other Federal and State agencies involved in child abuse prevention activities. (3) Period of appointment; vacancies.-- (A) Period of appointment.--The Secretary shall, after consultation with the members of the Council initially appointed by the Secretary under paragraph (2), determine and establish the term of service on the Council that shall apply to all current and future members. (B) Vacancies.--Any vacancy in the Council shall not affect the powers of the Council, but shall be filled in the same manner as the original appointment. (4) Duties.--The Council shall meet at least semi- annually-- (A) to develop recommendations regarding the National Action Plan and effective strategies described in subsection (b)(2); and (B) to develop recommendations related to support services for families and caregivers of young children. (5) Personnel.-- (A) Travel expenses.--The members of the Council shall not receive compensation for the performance of services for the Council, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Council. (B) Detail of government employees.--Any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (6) Termination of committee.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. The Secretary shall terminate the Council when the Secretary determines, after consultation with the Council, that it is no longer necessary to pursue the goals and carry out the activities of the Council. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $10,000,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009, 2010, and 2011.", "summary": "Shaken Baby Syndrome Prevention Act of 2007 - Requires the Secretary of Health and Human Services, acting through various federal agencies, to develop a national Shaken Baby Syndrome public health campaign. Requires the Secretary to: (1) develop a National Action Plan and effective strategies to increase awareness of opportunities to prevent Shaken Baby Syndrome; and (2) coordinate the Plan and strategies with evidence-based strategies and efforts that support families with infants and other young children. Directs the Secretary to carry out communication, education, and training about Shaken Baby Syndrome prevention, including efforts to communicate with the general public, such as by: (1) disseminating effective prevention practices and techniques to parents and caregivers; (2) producing evidence-based educational and information materials; and (3) carrying out Shaken Baby Syndrome training. Requires the Secretary to work to ensure that the parents and caregivers of children are connected to effective supports through the coordination of existing programs and networks or the establishment of new programs, including a 24-hour phone hotline and the development of an Internet website for round-the-clock support. Establishes a Shaken Baby Awareness Advisory Council to develop recommendations: (1) regarding the National Action Plan and effective strategies; and (2) related to support services for families and caregivers of young children."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Police Athletic League Youth Enrichment Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The goals of the Police Athletic League are to-- (A) increase the academic success of youth participants in PAL programs; (B) promote a safe, healthy environment for youth under the supervision of law enforcement personnel where mutual trust and respect can be built; (C) increase school attendance by providing alternatives to suspensions and expulsions; (D) reduce the juvenile crime rate in participating designated communities and the number of police calls involving juveniles during nonschool hours; (E) provide youths with alternatives to drugs, alcohol, tobacco, and gang activity; (F) create positive communications and interaction between youth and law enforcement personnel; and (G) prepare youth for the workplace. (2) The Police Athletic League, during its 55-year history as a national organization, has proven to be a positive force in the communities it serves. (3) The Police Athletic League is a network of 1,700 facilities serving over 3,000 communities. There are 320 PAL chapters throughout the United States, the Virgin Islands, and the Commonwealth of Puerto Rico, serving 1,500,000 youths, ages 5 to 18, nationwide. (4) Based on PAL chapter demographics, approximately 82 percent of the youths who benefit from PAL programs live in inner cities and urban areas. (5) PAL chapters are locally operated, volunteer-driven organizations. Although most PAL chapters are sponsored by a law enforcement agency, PAL chapters receive no direct funding from law enforcement agencies and are dependent in large part on support from the private sector, such as individuals, business leaders, corporations, and foundations. PAL chapters have been exceptionally successful in balancing public funds with private sector donations and maximizing community involvement. (6) Today's youth face far greater risks than did their parents and grandparents. Law enforcement statistics demonstrate that youth between the ages of 12 and 17 are at risk of committing violent acts and being victims of violent acts between the hours of 3 p.m. and 8 p.m. (7) Greater numbers of students are dropping out of school and failing in school, even though the consequences of academic failure are more dire in 1999 than ever before. (8) Many distressed areas in the United States are still underserved by PAL chapters. SEC. 3. PURPOSE. The purpose of this Act is to provide adequate resources in the form of-- (1) assistance for the 320 established PAL chapters to increase of services to the communities they are serving; and (2) seed money for the establishment of 250 (50 per year over a 5-year period) additional local PAL chapters in public housing projects and other distressed areas, including distressed areas with a majority population of Native Americans, by not later than fiscal year 2005. SEC. 4. DEFINITIONS. In this Act: (1) Assistant attorney general.--The term ``Assistant Attorney General'' means the Assistant Attorney General for the Office of Justice Programs of the Department of Justice. (2) Distressed area.--The term ``distressed area'' means an urban, suburban, or rural area with a high percentage of high- risk youth, as defined in section 509A of the Public Health Service Act (42 U.S.C. 290aa-8(f)). (3) PAL chapter.--The term ``PAL chapter'' means a chapter of a Police or Sheriff's Athletic/Activities League. (4) Police athletic league.--The term ``Police Athletic League'' means the private, nonprofit, national representative organization for 320 Police or Sheriff's Athletic/Activities Leagues throughout the United States (including the Virgin Islands and the Commonwealth of Puerto Rico). (5) Public housing; project.--The terms ``public housing'' and ``project'' have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). SEC. 5. GRANTS AUTHORIZED. (a) In General.--For each of fiscal years 2000, 2001, 2002, 2003, and 2004, the Assistant Attorney General shall award a grant to the Police Athletic League for the purpose of establishing PAL chapters to serve public housing projects and other distressed areas, and expanding existing PAL chapters to serve additional youths. (b) Application.-- (1) Submission.--In order to be eligible to receive a grant under this section, the Police Athletic League shall submit to the Assistant Attorney General an application, which shall include-- (A) a long-term strategy to establish 250 additional PAL chapters and detailed summary of those areas in which new PAL chapters will be established, or in which existing chapters will be expanded to serve additional youths, during the next fiscal year; (B) a plan to ensure that there are a total of not less than 570 PAL chapters in operation before January 1, 2003; (C) a certification that there will be appropriate coordination with those communities where new PAL chapters will be located; and (D) an explanation of the manner in which new PAL chapters will operate without additional, direct Federal financial assistance once assistance under this Act is discontinued. (2) Review.--The Assistant Attorney General shall review and take action on an application submitted under paragraph (1) not later than 120 days after the date of such submission. SEC. 6. USE OF FUNDS. (a) In General.-- (1) Assistance for new and expanded chapters.--Amounts made available under a grant awarded under this Act shall be used by the Police Athletic League to provide funding for the establishment of PAL chapters serving public housing projects and other distressed areas, or the expansion of existing PAL chapters. (2) Program requirements.--Each new or expanded PAL chapter assisted under paragraph (1) shall carry out not less than 4 programs during nonschool hours, of which-- (A) not less than 2 programs shall provide-- (i) mentoring assistance; (ii) academic assistance; (iii) recreational and athletic activities; or (iv) technology training; and (B) any remaining programs shall provide-- (i) drug, alcohol, and gang prevention activities; (ii) health and nutrition counseling; (iii) cultural and social programs; (iv) conflict resolution training, anger management, and peer pressure training; (v) job skill preparation activities; or (vi) Youth Police Athletic League Conferences or Youth Forums. (b) Additional Requirements.--In carrying out the programs under subsection (a), a PAL chapter shall, to the maximum extent practicable-- (1) use volunteers from businesses, academic communities, social organizations, and law enforcement organizations to serve as mentors or to assist in other ways; (2) ensure that youth in the local community participate in designing the after-school activities; (3) develop creative methods of conducting outreach to youth in the community; (4) request donations of computer equipment and other materials and equipment; and (5) work with State and local park and recreation agencies so that activities funded with amounts made available under a grant under this Act will not duplicate activities funded from other sources in the community served. SEC. 7. REPORTS. (a) Report to Assistant Attorney General.--For each fiscal year for which a grant is awarded under this Act, the Police Athletic League shall submit to the Assistant Attorney General a report on the use of amounts made available under the grant. (b) Report to Congress.--Not later than May 1 of each fiscal year for which amounts are made available to carry out this Act, the Assistant Attorney General shall submit to the Committee on the Judiciary of the Senate a report that details the progress made under this Act in establishing and expanding PAL chapters in public housing projects and other distressed areas, and the effectiveness of the PAL programs in reducing drug abuse, school dropouts, and juvenile crime. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $16,000,000 for each of fiscal years 2000 through 2004. (b) Funding for Program Administration.--Of the amount made available to carry out this Act in each fiscal year-- (1) not less than 2 percent shall be used for research and evaluation of the grant program under this Act; (2) not less than 1 percent shall be used for technical assistance related to the use of amounts made available under grants awarded under this Act; and (3) not less than 1 percent shall be used for the management and administration of the grant program under this Act, except that the total amount made available under this paragraph for administration of that program shall not exceed 6 percent. SEC. 9. EFFECTIVE DATE. This Act shall take effect on October 1, 1999.", "summary": "National Police Athletic League Youth Enrichment Act of 1999 - Directs the Assistant Attorney General for the Office of Justice Programs of the Department of Justice, for each of FY 2000 through 2004, to award a grant to the Police Athletic League (PAL) for the purposes of establishing PAL chapters to serve public housing projects and other distressed areas and expanding existing chapters to serve additional youths. Requires PAL, in order to be eligible to receive a grant, to submit to the Assistant Attorney General an application which shall include: (1) a long-term strategy to establish 250 additional chapters and a detailed summary of those areas in which new chapters will be established, or in which existing chapters will be expanded to serve additional youths, during the next fiscal year; (2) a plan to ensure that there are a total of not less than 570 chapters in operation before January 1, 2003; (3) a certification that there will be appropriate coordination with those communities where new chapters will be located; and (4) an explanation of the manner in which new chapters will operate without additional, direct Federal financial assistance once assistance under this Act is discontinued. Directs the Assistant Attorney General to review, and take action on, an application within 120 days after the date of submission. (Sec. 6) Directs that amounts made available under a grant awarded under this Act be used by the PAL to provide funding for the establishment of PAL chapters serving public housing projects and other distressed areas, or the expansion of existing PAL chapters. Requires that each new or expanded PAL chapter assisted carry out not less than four programs during non-school hours, of which: (1) not less than two programs shall provide mentoring assistance, academic assistance, recreational and athletic activities, or technology training; and (2) any remaining programs shall provide drug, alcohol, and gang prevention activities; health and nutrition counseling; cultural and social programs; conflict resolution training, anger management, and peer pressure training; job skill preparation activities; or Youth Police Athletic League Conferences or Youth Forums. (Sec. 7) Sets forth reporting requirements. (Sec. 8) Authorizes appropriations. Sets aside specified percentages of grant sums for research and evaluation, technical assistance, and management and administration."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Banking Equal Treatment Act of 2000''. SEC. 2. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following new paragraph: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a qualified depository institution may receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate or rates not to exceed the general level of short-term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(B), in a Federal reserve bank by any such entity on behalf of depository institutions. ``(C) Qualified depository institution defined.-- The term `qualified depository institution' means-- ``(i) any depository institution that-- ``(I) is an insured depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act) or an insured credit union (as defined in section 101(7) of the Federal Credit Union Act); and ``(II) meets the requirements for affordable transaction accounts in section 4 of the Banking Equal Treatment Act of 2000; and ``(ii) any depository institution that is neither an insured depository institution (as so defined) or an insured credit union (as so defined).''. (b) Authorization for Pass Through Reserves for Member Banks.-- Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) is amended by striking ``which is not a member bank''. (c) Technical and Conforming Amendments.--Section 19 of the Federal Reserve Act (12 U.S.C. 461) is amended-- (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 3. TRANSFER OF FEDERAL RESERVE SURPLUSES. Section 7(b) of the Federal Reserve Act (12 U.S.C. 290) is amended by adding at the end the following new paragraph: ``(4) Additional transfers for fiscal years 2001 through 2005.-- ``(A) In general.--In addition to the amounts required to be transferred from the surplus funds of the Federal reserve banks pursuant to paragraph (1), the Federal reserve banks shall transfer from such surplus funds to the Board of Governors of the Federal Reserve System for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, such sums as are necessary to equal the net cost of section 19(b)(12), as estimated by the Office of Management and Budget in each of the fiscal years 2001 through 2005. ``(B) Allocation by federal reserve board.--Of the total amount required to be paid by the Federal reserve banks under subparagraph (A) for fiscal years 2001 through 2005, the Board of Governors of the Federal Reserve System shall determine the amount each such bank shall pay in such fiscal year. ``(C) Replenishment of surplus fund prohibited.--No Federal reserve bank may replenish such bank's surplus fund by the amount of any transfer by such bank under subparagraph (A) during the fiscal year for which such transfer is made.''. SEC. 4. AFFORDABLE BANKING SERVICES. (a) In General.--Except as otherwise provided in this section, each insured depository institution shall make available to consumers a consumer transaction account, to be known as an ``affordable transaction account'', with the following features to be prescribed jointly by the Federal banking agencies, by regulation: (1) Initial deposit.--The maximum amount which an insured depository institution may require as an initial deposit, if any. (2) Minimum balance.--The maximum amount an insured depository institution may require as a minimum balance, if any, to maintain such account. (3) Minimum number of free withdrawals.--A minimum of 8 withdrawal transactions, including withdrawals by negotiable or transferable instruments for the purpose of making payments to third parties and electronic fund transfers, during any periodic cycle at no additional charge to the account holder. (4) Maximum monthly service charge.--The maximum amount an insured depository institution may charge per periodic cycle for the use of such account. (b) Fees for Withdrawal Transactions in Excess of Minimum Number of Free Withdrawals.-- (1) In general.--Subject to paragraph (2), in the case of any affordable transaction account-- (A) an insured depository institution may impose a reasonable per-transaction charge for any withdrawal transaction described in subsection (a)(3) other than a transaction required under such subsection to be provided free; or (B) the depository institution may impose the fees and charges normally applied to other consumer transaction accounts available at that depository institution. (2) Limitations.-- (A) Periodic cycle fee adjustment.--The amount of any charge per periodic cycle imposed by an insured depository institution on any affordable transaction account pursuant to paragraph(1)(B) shall be reduced by the charge imposed under subsection (a)(4). (B) Maximum amount.--At no time shall the total amount of fees and charges imposed by an insured depository institution on any affordable transaction account exceed the total amount of fees and charges that is normally applied to other consumer transaction accounts available at the depository institution. (c) Conditions for Opening any Affordable Transaction Account.--An insured depository institution may require as a condition for opening or maintaining any affordable transaction account that-- (1) the holder of the account be a resident of the State in which the account is opened or maintained; and (2) the deposits to the account of recurring payments such as Social Security, wage, or pension payments be made by direct deposit if that form of deposit is available to both the consumer and the depository institution. (d) Other Terms and Conditions.-- (1) In general.--Except as provided in this section and any regulations prescribed under this section, any affordable transaction account may be offered by an insured depository institution subject to the same rules, conditions, and terms normally applicable to other consumer transaction accounts offered by the depository institution. (2) Prohibition on discrimination against affordable transaction account holders in providing other services.--The amount of any fee or charge imposed on a holder of any affordable transaction account by an insured depository institution for specific services provided to such account holder which are not directly related to the maintenance of such account may not exceed the fee or charge imposed by the depository institution for providing the same services in connection with other consumer transaction accounts offered by the depository institution. (e) Affordable Transaction Accounts Not Required for Individuals Who Maintain Other Transaction Accounts.--An insured depository institution shall not be required to permit any person to open or maintain an affordable transaction account pursuant to this section if such person maintains another consumer transaction account either at that depository institution or any other insured depository institution. (f) Alternative Arrangements.--In lieu of the affordable transaction account required by this section, an insured depository institution may make available an alternative form of account or other banking services if the appropriate Federal banking agency determines that such alternative form of account or services are at least as advantageous to consumers as the affordable transaction account. (g) Disclosure Requirements.--. (1) Posted notices.--If an insured depository institution posts in the public area of any office of the institution a notice of the availability of other consumer transaction accounts, the depository institution shall also post equally conspicuous notice in such public area and in the same manner the availability of its affordable transaction accounts. (2) Printed material.--If an insured depository institution makes available in the public area of any office of the institution printed material describing the terms of its other consumer transaction accounts, the depository institution shall also make comparable descriptive printed material concerning the affordable transaction accounts available in the same such area and in the same manner. (h) Definitions.--For purposes of this section, the following definitions shall apply: (1) Consumer transaction account.--For purposes of this section, the term ``consumer transaction account'' means a demand deposit account, negotiable order of withdrawal account, share draft account, or any similar transaction account used primarily for personal, family or household purposes. (2) Depository institution.--The term ``depository institution'' has the same meaning as in section 19(b)(1)(A) of the Federal Reserve Act. (3) Federal banking agency.--The term ``Federal banking agency''-- (A) has the same meaning as in section 3(z) of the Federal Deposit Insurance Act; and (B) includes the National Credit Union Administration Board. (4) Insured depository institution.--The term ``insured depository institution''-- (A) has the same meaning as in section 3(c)(2) of the Federal Deposit Insurance Act; and (B) includes an insured credit union (as defined in section 101(7) of the Federal Credit Union Act. (i) Compliance With More Stringent State Law.--If a depository institution operates in a State the laws of which, including regulations, require a depository institution operating in such State to meet requirements for affordable transaction accounts which are more advantageous to the consumer than the requirements of this section or the regulations prescribed under this section, such depository institution may not be treated as a qualified depository institution for purposes of section 19(b)(12) of the Federal Reserve Act, unless such depository institution meets the requirements of this section and the requirements of such State law. (j) Rule of Construction.--No provision of this section, title LXII of the Revised Statutes of the United States, the Home Owners' Loan Act, the Bank Enterprise Act of 1991, or any other Federal law may be construed as preempting, or providing any basis for the Comptroller of the Currency or the Director of the Office of Thrift Supervision to conclude that Federal law in any way preempts, the law of any State which requires depository institution operating in that State to provide affordable transaction accounts, including the Omnibus Consumer Protection and Banking Deregulation Act of 1994 of the State of New York and the New Jersey Consumer Checking Account Act (as in effect on the the date of the enactment of this Act).", "summary": "Requires the Federal reserve banks to transfer specified surplus funds to the Board for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury for FY 2001 through 2005. Prohibits replenishment of the surplus fund during the fiscal year for which such transfer is made. Mandates that each insured depository institution make available to consumers a consumer transaction account to be known as an \"affordable transaction account\". Sets forth operational parameters to be prescribed by the Board."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Homeland Security Foundation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The development and implementation of technology is a crucial component of combating terrorism and implementing homeland security strategies. (2) Israel and Israeli industries have extensive experience with matters pertaining to homeland security generally and anti-terrorism specifically, including expertise in the fields of border integrity, transportation security, first responder equipment, and civil defense planning. (3) The United States and Israel have an extensive history of working cooperatively and successfully to assist with the development of agricultural, defense, telecommunications, and other technologies mutually beneficial to each country, as exemplified by the success of the Binational Industrial Research and Development Foundation, commonly referred to as the BIRD Foundation. (4) Initiated in 1977 as a grant program funded in equal parts by the governments of the United States and Israel in support of joint United States-Israeli business ventures, the BIRD Foundation has invested $180 million in 600 projects over the past 27 years and has realized $7 billion in sales and the development of a number of important technologies. (5) The establishment of a similar bi-national foundation, or the expansion of the BIRD Foundation, to support the development of technologies and services applicable to homeland security would be beneficial to the security of the United States and Israel and would strengthen the economic ties between the two countries. SEC. 3. UNITED STATES-ISRAEL HOMELAND SECURITY FOUNDATION. The Homeland Security Act of 2002 (Public Law 107-296) is amended by inserting after section 307 (6 U.S.C. 187) the following new section: ``SEC. 307A UNITED STATES-ISRAEL HOMELAND SECURITY FOUNDATION AND GRANT PROGRAM. ``(a) Establishment and Purpose.-- ``(1) Establishment authorized.--The Secretary may establish a United States-Israel Homeland Security Foundation (in this section referred to as the `Foundation'), for the purpose of awarding conditional grants to joint business ventures between United States and Israeli private corporate entities to develop, manufacture, sell, or otherwise provide products and services with applications related to homeland security. ``(2) Administration.--The Secretary shall administer the grant program through the Directorate of Science and Technology. ``(b) Eligible Entities.--To be eligible to receive a grant under this section, an applicant shall-- ``(1) be a joint venture consisting of United States and Israeli private corporate entities; ``(2) be in the process of developing a product or service determined by the Secretary to have applications related to homeland security; and ``(3) demonstrate to the satisfaction of the Secretary a capability to develop, manufacture, sell, and support the product or service. ``(c) Application.--An eligible entity may apply for a grant under this section by submitting to the Secretary an application at such time and in such manner as the Secretary may require and containing the following information: ``(1) An identification of the entity that is applying for the grant. ``(2) The activities that the entity anticipates will be funded by the award of a grant. ``(3) The services or products the entity anticipates will be made available, either commercially or otherwise, as a result of an award of a grant. ``(4) A detailed capital budget for the proposed project, including the manner in which the grant funds will be allocated and expended. ``(5) Such other information as the Secretary may require. ``(d) Amount of Grant.--A grant under this section may not exceed 50 percent of the total proposed cost for the development, manufacture, and provision of the product or service of the applicant described in the application. ``(e) Grant Repayment.--A grant recipient shall repay the grant to the Foundation as the Secretary may reasonably require. Grant repayments may not exceed more than 150 percent of the grant awarded, adjusted for inflation in accordance with the Consumer Price Index. ``(f) Advisory Board.-- ``(1) Representatives.--Administration of the Foundation shall include an advisory board comprised of public and private sector representatives. ``(2) Membership of advisory board.-- ``(A) United states membership.--Membership to the advisory board shall include the Director of the Homeland Security Advanced Research Projects Agency and the Director of International Affairs of the Department of Homeland Security. ``(B) Israeli membership.--The Secretary shall extend an invitation to the relevant Israeli government officials for their participation on the advisory board. ``(g) Foundation Funding.--Subject to subsection (i), if the Secretary decides to establish the Foundation under subsection (a), the Secretary shall use not less than $25,000,000 of the funds available in the Acceleration Fund for Research and Development of Homeland Security Technologies, established under section 307(c)(1), to administer the Foundation. ``(h) Alternative Mechanism to Support Homeland Security Products and Services.--Subject to subsection (i), if the Secretary decides not to establish the Foundation under subsection (a), the Secretary shall use not less than $25,000,000 of the funds available in the Acceleration Fund for Research and Development of Homeland Security Technologies, established under section 307(c)(1), to support the efforts of the Binational Industrial Research and Development Foundation to make grants to joint United States-Israeli business ventures for projects related to homeland security. ``(i) Shared Endowment.--Any expenditure by the United States under this section shall be equal to the expenditure by Israel for the same purpose.''.", "summary": "United States-Israel Homeland Security Foundation Act - Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to establish a United States-Israel Homeland Security Foundation for awarding conditional grants to joint business ventures between U.S. and Israeli private corporate entities to develop, manufacture, sell, or otherwise provide products and services with applications related to homeland security. Limits grant amounts to 50 percent of proposed costs. Requires grant recipients to repay the Foundation up to 150 percent of the grant awarded. Directs the Foundation to include an advisory board. Provides Foundation funding through the Acceleration Fund for Research and Development of Homeland Security Technologies. Directs the Secretary, if not establishing the Foundation, to use a specified amount from such Fund to support the efforts of the Binational Industrial Research and Development Foundation to make grants to joint U.S.-Israeli business ventures for projects relating to homeland security."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``STEM Network Act''. SEC. 2. GRANTS AUTHORIZED. (a) In General.--From amounts made available to carry out this Act, the Secretary of Education shall make grants to eligible networks to expand STEM education. (b) Eligible Network Defined.--In this Act, the term ``eligible network'' means a State-based STEM network or similar organization, which-- (1) may include the participation of State officials, educators, administrators, parents, industry leaders, philanthropists, and representatives from the STEM communities; and (2) aims to increase student achievement in the STEM disciplines at the elementary schools and secondary schools in its State, particularly at schools with a high concentration of low-income students and at rural schools (within the meaning of part B of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6201 et seq.)). SEC. 3. ELIGIBLE NETWORK APPLICATION. (a) In General.--An eligible network seeking a grant under section 2 shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Matching Requirement.--In order to receive a grant under section 2, an eligible network shall agree to provide, either directly or through private contributions, non-Federal matching funds equal to not less than 30 percent of the amount of the grant. SEC. 4. USES OF FUNDS. Each eligible network receiving a grant under section 2 shall use the funds to carry out one or more of the following: (1) Testing, validating, sharing, and scaling up STEM education research, promising practices, and exemplary programs among members of the network and with other eligible networks receiving grants under section 3. (2) Identifying points of weakness and strength among State STEM education efforts, prioritizing strategies for addressing problem areas, and communicating State needs to the Secretary. (3) Assisting in the implementation of rigorous common content standards in STEM education for grades prekindergarten through grade 12 that reflect common elements between such disciplines and take into consideration-- (A) the Next Generation Science Standards and the Common Core State Standards Initiative; (B) established international standards and 21st century skills; (C) the needs of English language learners and special education students; and (D) the need to increase scientific literacy of prekindergarten through grade 12 students. (4) Assisting and supporting the development and implementation of innovative STEM assessments based on common content standards in mathematics and science. (5) Promoting and developing rigorous undergraduate pre- service teacher programs in institutions of higher education that emphasize STEM content in the part of the program that focuses on elementary school education. (6) Promoting and developing curriculum tools and professional development for in-service STEM teachers that foster innovation and inventiveness. (7) Developing STEM career pathways that reflect the projected STEM workforce needs of the 21st century that may include mentoring programs and STEM professional outreach. (8) Developing STEM-related workforce education and training programs in secondary schools and institutions of higher education to enhance the skills of workers to meet the needs of business and industry. (9) Developing systems for the implementation of extended learning times on school sites to enhance STEM education inside and outside of the classroom. SEC. 5. EVALUATION AND REPORT. Not later than 2 years after receiving a grant under section 2, each eligible network receiving such a grant shall-- (1) conduct periodic independent evaluations, by grant or by contract, of the eligible network's effectiveness at accomplishing the activities described in section 4, which shall include an assessment of the impact of such activities on STEM teaching and learning; and (2) prepare and submit a report on the results of each evaluation described in paragraph (1) to the Secretary. SEC. 6. PROHIBITIONS. In implementing this Act, the Secretary may not-- (1) endorse, approve, or sanction any STEM curriculum designed for use in any elementary school, secondary school, or institution of higher education; or (2) engage in oversight, technical assistance, or activities that will require the adoption of a specific STEM program or instructional materials by a State, local educational agency, or school. SEC. 7. TOTAL AMOUNT OF GRANTS. The total amount of grants made under this Act in any fiscal year may not exceed $20,000,000. SEC. 8. DEFINITIONS. In this Act: (1) The terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term ``high concentration of low-income students'' has the meaning given such term in section 1707 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537). (3) The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) The term ``Secretary'' means the Secretary of Education. (5) The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of Northern Mariana Islands, American Samoa, and the United States Virgin Islands. (6) The term ``STEM'' means science, technology, engineering, and mathematics.", "summary": "STEM Network Act - Directs the Secretary of Education to award matching grants to state-based STEM networks or similar organizations to increase elementary and secondary school students' achievement in the STEM (Science, Technology, Engineering, and Mathematics) disciplines, particularly in rural and low-income schools. Includes among grant uses: testing, sharing, and scaling up STEM education research, promising practices, and exemplary programs; identifying state STEM education weaknesses and prioritizing strategies to address them; implementing rigorous common STEM education content standards; developing and implementing innovative STEM assessments; promoting and developing pre- and in-service STEM teacher training; developing STEM career pathways and workforce education and training programs that reflect 21st century workforce needs; and facilitating the implementation of extended STEM learning times on school sites. Requires grantees to conduct periodic independent evaluations of their effectiveness in accomplishing those activities. Prohibits the Secretary from: (1) endorsing or approving any STEM curriculum designed for use in an elementary school, secondary school, or institution of higher education; or (2) requiring a state, local educational agency, or school to adopt a specific STEM program or instructional materials."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Education for Returning Veterans Act of 2008''. SEC. 2. GRANT PROGRAM FOR SUPPORT OF VETERANS AT INSTITUTIONS OF HIGHER EDUCATION. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following: ``PART F--PROGRAM FOR SUPPORT OF VETERANS AT INSTITUTIONS OF HIGHER EDUCATION ``SEC. 781. GRANT PROGRAM FOR SUPPORT OF VETERANS AT INSTITUTIONS OF HIGHER EDUCATION. ``(a) Grants Authorized.-- ``(1) In general.--Subject to the availability of appropriations, the Secretary is authorized to award grants to institutions of higher education to enable the institutions of higher education to establish programs that support veterans who are students at such institutions by providing and coordinating services that address the academic, financial, physical, and social needs of such veterans. ``(2) Grant period.--A grant awarded under this section shall be awarded for a period of 3 years. ``(b) Selection of Grant Recipients.-- ``(1) Application.--An institution of higher education seeking a grant under this section shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require. ``(2) Approval.--The Secretary shall, in consultation with the Secretary of Veterans Affairs, approve or disapprove each application submitted by an institution of higher education under paragraph (1). In determining whether to approve or disapprove an application, the Secretary shall consider the following: ``(A) The number of veterans enrolled as students at the institution of higher education. ``(B) The needs of such veterans at such institution. ``(C) The ability of such institution to sustain a Center of Excellence for Veteran Student Success described in subsection (c)(2)(A) after the completion of the grant period described in subsection (a)(2). ``(D) The equitable distribution of grants under this section among various types and sizes of institutions of higher education. ``(E) The equitable geographic distribution of grants under this section. ``(F) The equitable distribution of grants under this section among rural and urban areas. ``(c) Use of Grant Funds.-- ``(1) Program required.--Each institution of higher education receiving a grant under this section shall use the grant to establish a program that supports each veteran who is a student at such institution by providing and coordinating services that address the academic, financial, physical, and social needs of such veteran. ``(2) Required program activities.--Each program established under paragraph (1) shall include the following: ``(A) Establishing a Center of Excellence for Veteran Student Success on the campus of the institution of higher education that provides a single point of contact to coordinate comprehensive support services for veterans who are students, including the following: ``(i) Admissions. ``(ii) Registration. ``(iii) Financial aid. ``(iv) Veterans benefits. ``(v) Academic advising. ``(vi) Student health. ``(vii) Personal or mental health counseling. ``(viii) Career advising. ``(ix) Disabilities services. ``(B) Establishing a support team for veterans who are students, including representatives from the student veteran association and veteran service office of such institution of higher education, if any. ``(C) Providing a full-time or part-time coordinator whose primary responsibility is to coordinate the program. ``(D) With respect to such veterans, monitoring the rates of enrollment, persistence, and completion of programs of education at such institution. ``(3) Optional program activities.--With respect to veterans who are students at an institution of higher education receiving a grant under this section, a program established under paragraph (1) by such institution may include the following: ``(A) Outreach to, and recruitment of, veterans. ``(B) Supportive instructional services for veterans, which may include-- ``(i) personal, academic, and career counseling, as an ongoing part of the program; ``(ii) tutoring and academic skill-building instruction assistance, as needed; and ``(iii) assistance with special admissions and transfer of credit from previous postsecondary education or experience. ``(C) Assistance in obtaining student financial aid. ``(D) Housing support. ``(E) Providing classes that are limited to veterans to help them fulfill general education requirements. ``(F) Providing activities designed to ease the transition of veterans to life on the campus of such institution. ``(G) Support for veteran student organizations and veteran student support groups on campus. ``(H) Coordination of academic advising and admissions counseling with military bases and National Guard and Reserve units in the area. ``(I) Such other support services as the institution considers necessary to ensure the success of veterans in achieving the veterans' educational and career goals. ``(d) Evaluation and Accountability Plan.--The Secretary shall develop an evaluation and accountability plan for programs established under subsection (c)(1) to measure the impact of such programs, including an objective measure of whether the rates of enrollment, persistence, and completion of programs of education at institutions of higher education by veterans increase as a result of such programs.''.", "summary": "Supporting Education for Returning Veterans Act of 2008 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award three-year grants to institutions of higher education to establish programs that support veterans who are students by providing and coordinating services that address their academic, financial, physical, and social needs. Requires each grantee to establish a campus Center of Excellence for Veteran Student Success that provides a single point of contact for the coordination of comprehensive support services for students who are veterans. Requires the Secretary to develop an evaluation and accountability plan for measuring the effect such programs have on veterans' success in postsecondary education."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Checking Account Fairness Act''. SEC. 2. ADJUSTMENT OF CHECK HOLD PERIODS REQUIRED. (a) In General.--Section 603(d) of the Expedited Funds Availability Act (12 U.S.C. 4002(d)) is amended by adding at the end the following new paragraph: ``(3) Coordination with check clearing for the 21st century act.-- ``(A) In general.--The Board shall prescribe regulations under paragraph (1)-- ``(i) to reduce the time periods under subsections (a), (b), or (e), in accordance with the requirements of paragraph (1), to take into account the time within which any receiving institution can reasonably expect to learn of the nonpayment of most items for each category of checks under the Checking Clearing for the 21st Century Act or the regulations implementing such Act; and ``(ii) to eliminate distinctions between the schedules established under subsections (a), (b), or (e) if the Board finds that such distinctions no longer have any significance for any category of checks under the Checking Clearing for the 21st Century Act or the regulations implementing such Act. ``(B) Paragraph (2) adjustments.--The Board shall, by regulation, eliminate the extension provided under paragraph (2) for deposits of any category of checks if the Board finds that the extension has no substantial usefulness under the Checking Clearing for the 21st Century Act or the regulations implementing such Act.''. (b) Regulations.--The Board shall prescribe the regulations required under the amendment made by subsection (a) in final form before the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 3. AMENDMENTS RELATING TO CHECKING ACCOUNT CONSUMERS. (a) Deposits at Proprietary ATMs.--Section 603(a)(2) of the Expedited Funds Availability Act (12 U.S.C. 4002(a)(2)) is amended-- (1) in subparagraphs (B)(ii) and (C)(ii), by inserting ``or is deposited at a proprietary ATM'' before the semicolon at the end of each such subparagraph; and (2) in subparagraph (E), by inserting ``, or a check deposited at a proprietary ATM,'' after ``deposited in a branch of a depository institution''. (b) Limitation on Certain Fees During Check Hold Period.--Section 607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended by adding at the end the following new subsection: ``(f) Limitation on Certain Fees During Check Hold Period.--If a receiving depository institution has received a provisional or final settlement with respect to a check deposited in an account at the depository institution and such depository institution has not yet made the proceeds of the deposit available to the accountholder, the receiving depository institution may not assess any fee for an overdraft, or any fee associated with the payment of an overdraft, that would not have occurred if such funds so deposited were available.''. (c) Credits Required to Be Posted Before Debits.--Section 607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended by inserting after subsection (f) (as added by subsection (b) of this section) the following new subsection: ``(g) Order of Posting.--In the process of posting credits and debits against a checking account used primarily for personal, family, or household purposes after the close of any business day, the receiving depository institution shall credit all deposits to the account before debiting any check drawn on the account and presented to the depository institution for payment.''. (d) Saturdays May Be Treated as Business Days.--Section 602(3) of the Expedited Funds Availability Act (12 U.S.C. 4001(3)) is amended by adding at the end the following new sentence: ``For purposes of this title, however, Saturday shall be treated as a business day in the calculation of any period within which funds deposited in an account at a receiving depository institution are required be made available under this title, if with respect to checks received by the depository institution for which it is the originating institution, the depository institution debits accounts on Saturdays for such checks.''. (e) Reduction in Check Holds for Nonlocal Check Deposits.--Section 603(b)(2) of the Expedited Funds Availability Act (12 U.S.C. 4002(b)(2)) is amended by striking ``not more than 4 business days shall intervene between'' and inserting ``funds shall be made available on the 2nd business day after''. (f) Adjustment for Inflation for Large Check Limitation.-- (1) In general.--Section 604(a)(3) of the Expedited Funds Availability Act (12 U.S.C. 4003(a)(3)) is amended by striking ``$5,000'' each place such term appears and inserting ``$7,500''. (2) Clerical amendment.--The paragraph heading for section 604(a)(3) of the Expedited Funds Availability Act is amended by striking ``$5,000'' and inserting ``$7,500''. (g) Adjustment for Small Deposit Availability.-- (1) In general.--Section 603(a)(2)(D) of of the Expedited Funds Availability Act (12 U.S.C. 4002(a)(2)(D)) is amended by striking ``$100'' and inserting ``$500''. (2) Technical and conforming amendment.--The heading for subparagraph (C) of section 603(b)(3) of the Expedited Funds Availability Act (12 U.S.C. 4002(b)(3)(C)) is amended by striking ``$100 availability'' and inserting ``Coordination with other amount available''. (h) Fees for Services not Requested.--Section 607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended by inserting after subsection (g) (as added by subsection (c) of this section) the following new subsection: ``(h) Fees for Services not Requested.--No depository institution may impose any fee for paying any check drawn on an account in spite of a lack of sufficient funds in the account to pay such check or any similar activity (commonly referred to as `bounce protection') unless the accountholder has affirmatively requested such service.''. (i) Clarification of Preemption.--Section 608 of the Expedited Funds Availability Act (12 U.S.C. 4007) is amended-- (1) in subsection (b)-- (A) by inserting ``or (c)'' after ``subsection (a)''; and (B) by inserting ``, but only to the extent of any such inconsistency'' before the period at the end; and (2) by adding at the end the following new subsection: ``(c) Clarification of Inconsistency.--A State law shall not be construed as inconsistent with this title, or any regulation prescribed under this title, if the protection such law affords the consumer by such law is greater than the protection afforded by this title. For purposes of determining congressional intent with respect to preemption, the purpose of this title shall be construed to be the establishment of a minimum basis of protection for the consumer and not the creation of a uniform national rule.''. SEC. 4. RECREDIT FOR ALL CONSUMERS UNLESS SUBSTITUTE CHECKS ARE PROVIDED WITHOUT COST UPON REQUEST. Section 7(b) of the Checking for the 21st Century Act (12 U.S.C. 5006(b)) is amended by adding at the end the following new paragraph: ``(3) Fees for substitute checks.--If any bank that holds the account of a consumer imposes any fee for producing a copy of a substitute check for such consumer with respect to such account, the expedited recredit process established under this section shall be available for all charges initiated by check against any such account regardless of whether a substitute check was involved or was provided to the consumer.''.", "summary": "Consumer Checking Account Fairness Act - Amends the Expedited Funds Availability Act to direct the Board of Governors of the Federal Reserve System to prescribe regulations to: (1) reduce the expedited funds availability time periods to take into account the time within which any receiving institution can reasonably expect to learn of the nonpayment of most items for each category of checks under the Checking Clearing for the 21st Century Act (Check 21 Act) or its implementing regulations; and (2) eliminate distinctions between the time period schedules if the Board finds that they no longer have any significance for any category of checks under such Act or regulations. Extends the next business day availability requirement to funds deposited at a proprietary ATM. Sets a limit upon certain overdraft fees imposed during a check hold period. Requires a depository institution to credit all deposits to a consumer checking account before debiting any check drawn on the account and presented for payment. Requires that Saturday be treated as a business day in the calculation of any period within which funds deposited in an account are required to be made available if the depository institution debits accounts on Saturdays for checks received. Reduces from four business days to two business days the mandatory check hold period on funds deposited by nonlocal checks. Prohibits a depository institution from imposing a fee for paying any check drawn on an account which lacks sufficient funds (bounce protection) unless the accountholder has requested check protection service. Amends the Check 21 Act to provide that if a bank that holds the account of a consumer imposes any fee for producing a copy of a substitute check, the expedited recredit process shall be available for all charges initiated by check against the account regardless of whether a substitute check was involved or provided to the consumer."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Construction Lending Regulatory Improvement Act of 2011''. SEC. 2. PURPOSE. It is the purpose of this Act to-- (1) immediately provide authority and guidance that Federal and State bank regulators can use to ensure that Federal and State chartered banks and thrifts that provide financing to America's home builders are permitted to make loans, provide ongoing liquidity, and ensure stable financing to such home builders; and (2) enable Federal and State chartered banks and thrifts to provide initial and ongoing credit to America's home builders to aid in restoring liquidity to the home building sector and to restore vitality to the United States residential housing market. SEC. 3. COORDINATED RULEMAKING. (a) Initiation of Proceedings.--Not later than 90 days after the enactment of this Act, the appropriate Federal banking agencies shall initiate a coordinated rulemaking with respect to financial institutions under their respective jurisdictions that make real estate loans to home builders. Such rulemaking shall provide for the following: (1) Elimination of the 100 percent of bank capital measurement.-- (A) Loan origination.--If any qualified financial institution is holding real estate loans in its lending portfolio that in the aggregate represent 100 percent or more of its total capital, the appropriate Federal banking agency shall not prohibit any such institution from continuing to make such loans to home builders. (B) Lending decisions.--The appropriate Federal banking agency shall not prevent a qualified financial institution from making a real estate loan to a home builder that has a viable project. (C) Qualified financial institution defined.--For purposes of this paragraph, the term ``qualified financial institution'' means a financial institution that received, in the most recent examination of the institution, a CAMEL composite rating of 1, 2, or 3 under the Uniform Financial Institutions Rating System. (2) Realistic market based appraisals.-- (A) Valuation standard.--The appropriate Federal banking agency shall require that entities used by financial institutions to assess the value of collateral, with respect to a real estate loan, associated with any viable project in such institution's lending portfolio utilize an as completed valuation to make such an assessment. (B) Arms length transactions.--The appropriate Federal banking agency shall require that entities used by financial institutions to assess or review underwriting standards and collateral values for real estate loans made by such institutions after the date of the enactment of this Act use comparable sales involving arms length transactions to make such an assessment or review. (3) Prohibition on compelling lenders to call or curtail loans in good standing.-- (A) Home builders in good standing.--The appropriate Federal banking agency shall not compel a financial institution to call or curtail a real estate loan of a home builder that is in good standing. (B) Maximum market valuation.-- (i) In general.--The appropriate Federal banking agency shall, in the case that a home builder is in good standing on a real estate loan but the home builder's collateral, with respect to that loan, has decreased in value based on an as completed valuation, permit a financial institution to work with such home builder to realize the maximum current market valuation of such collateral using workout methods or other appropriate means. (ii) Period of workout methods.--Workout methods may be utilized up to a 24-month period following the issuance of final regulations under subsection (c). In no case shall any real estate loan be required to be charged off until the financial institution holding such loan has worked in good faith to exhaust all workout methods or other appropriate means. (C) Reclassification of loans.--The appropriate Federal banking agency shall not require a financial institution to reclassify any real estate loan in this paragraph on such institution's balance sheet, unless there is a significant reason under Financial Accounting Standards Board Accounting Standards Codification 310-10-35-55 or 310-10-35-57. (4) Waiting period.--If the enactment of paragraphs 2 or 3 of this subsection helps to improve a financial institution's CAMEL composite rating under the Uniform Financial Institutions Rating System from a 4 or 5 to a 1, 2, or 3 in such institution's next examination that begins after the date that final regulations are issued pursuant to subsection (c), such institution's improved rating shall take effect no earlier than 24 months after such rating was received. (b) Coordination, Consistency, and Comparability.--Each of the agencies with authorities referred to in subsection (a) shall consult and coordinate with the other such agencies and authorities for the purpose of assuring, to the extent possible, that the regulations by each such agency and authority are consistent and comparable with those prescribed by the other such agencies and authorities. (c) Deadline.--Not later than 6 months after the enactment of this Act, each of the agencies with authorities referred to in subsection (a) shall issue final regulations to implement rules issued under this Act. (d) Agency Authority.--The rules issued under this Act shall be enforced by the appropriate Federal banking agencies with respect to financial institutions under their respective jurisdictions. (e) Effect on State Law.--The rules issued under this Act shall not supercede the law of any State except to the extent that such law is inconsistent with such rule, and then only to the extent of the inconsistency. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as is given such term in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)). (2) Arms length transaction.-- (A) In general.--The term ``arms length transaction'' means a negotiated real estate transaction between a buyer and seller in which such buyer and seller act independently of each other. (B) Transactions excluded.--Such term shall not include any transaction involving a short sale or foreclosed property or any other distressed real property. (3) As completed valuation.--The term ``as completed valuation'' means the estimated market value of collateral after the full completion and absorption of the development and construction associated with the highest and best use of the collateral. (4) Financial institution.--The term ``financial institution'' means an entity regulated by, and under the supervision of, any appropriate Federal banking agency. (5) Good standing.--The term ``good standing'' means making payments on a real estate loan in accordance with the agreement of such loan. (6) Real estate loan.--The term ``real estate loan'' means any indebtness (secured by a mortgage, deed of trust, or other equivalent consensual security interest on real property) acquired for the purpose of purchasing or improving real property, including indebtness acquired for-- (A) land acquisition; (B) land development; and (C) residential construction projects. (7) Total capital.--The term ``total capital'' means the total risk-based capital of a financial institution as reported periodically by such institution in the Federal Financial Institutions Examination Council's Call Report or Thrift Financial Reports, as applicable. (8) Viable project.--The term ``viable project'' means a real estate project that a financial institution has determined continues to have a reasonable prospect of reaching completion and sale. (9) Workout methods.--The term ``workout methods'' means techniques to prevent a real estate loan defaulting, including workout assistance, loan modifications, loan write downs, and flexibility on reappraisal methods.", "summary": "Home Construction Lending Regulatory Improvement Act of 2011 - Directs the appropriate federal banking agencies to initiate a coordinated rulemaking with respect to financial institutions under their respective jurisdictions that make real estate loans to home builders. Requires such rulemaking to provide for: (1) elimination of the 100% of bank capital measurement, (2) realistic market-based appraisals, and (3) a prohibition against compelling lenders to call or curtail loans in good standing. Prohibits a federal banking agency also from preventing a qualified financial institution from making a real estate loan to a home builder that has a viable project."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Sea Grant College Program Amendments Act of 2008''. SEC. 2. REFERENCES Except as otherwise expressly provided therein, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Sea Grant College Program Act (33 U.S.C. 1121 et seq.). SEC. 3. FINDINGS AND PURPOSE. (a) Findings.--Section 202(a) (33 U.S.C. 1121(a)) is amended-- (1) by striking subparagraphs (D) and (E) of paragraph (1) and inserting the following: ``(D) encourage the development of preparation, forecast, analysis, mitigation, response, and recovery systems for coastal hazards; ``(E) understand global environmental processes and their impacts on ocean, coastal, and Great Lakes resources; and''; (2) by striking ``program of research, education,'' in paragraph (2) and inserting ``program of integrated research, education, extension,''; and (3) by striking paragraph (6) and inserting the following: ``(6) The National Oceanic and Atmospheric Administration, through the national sea grant college program, offers the most suitable locus and means for such commitment and engagement through the promotion of activities that will result in greater such understanding, assessment, development, management, and conservation of ocean, coastal, and Great Lakes resources. The most cost-effective way to promote such activities is through continued and increased Federal support of the establishment, development, and operation of programs and projects by sea grant colleges, sea grant institutes, and other institutions, including strong collaborations between Administration scientists and research and outreach personnel at academic institutions.''. (b) Purpose.--Section 202(c) (33 U.S.C. 1121(c)) is amended by striking ``to promote research, education, training, and advisory service activities'' and inserting ``to promote integrated research, education, training, and extension services and activities''. (c) Terminology.--Subsections (a) and (b) of section 202 (15 U.S.C. 1121(a) and (b)) are amended by striking ``utilization,'' each place it appears and inserting ``management,''. SEC. 4. DEFINITIONS. Section 203 (33 U.S.C. 1122) is amended-- (1) in paragraph (4) by striking ``utilization,'' and inserting ``management,''; (2) in paragraph (11) by striking ``advisory services'' and inserting ``extension services''; (3) in each of paragraphs (12) and (13) by striking ``(33 U.S.C. 1126)''; and (4) by adding at the end the following: ``(17) The term `regional research and information plan' means a plan developed by one or more sea grant colleges or sea grant institutes that identifies regional priorities.''. SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM. (a) Program Elements.--Section 204(b) (33 U.S.C. 1123(b)) is amended-- (1) by amending in paragraph (1) to read as follows: ``(1) sea grant programs that comprise a national sea grant college program network, including international projects conducted within such programs and regional and national projects conducted among such programs;''; (2) by amending paragraph (2) to read as follows: ``(2) administration of the national sea grant college program and this title by the national sea grant office and the Administration;''; and (3) by amending paragraph (4) to read as follows: ``(4) any regional or national strategic investments in fields relating to ocean, coastal, and Great Lakes resources developed in consultation with the Board and with the approval of the sea grant colleges and the sea grant institutes.''. (b) Technical Correction.--Section 204(c)(2) (33 U.S.C. 1123(c)(2)) is amended by striking ``Within 6 months of the date of enactment of the National Sea Grant College Program Reauthorization Act of 1998, the'' and inserting ``The''. (c) Functions of Director of National Sea Grant College Program.-- Section 204(d) (33 U.S.C. 1123(d)) is amended-- (1) in paragraph (2)(A), by striking ``long range''; (2) in paragraph (3)(A)-- (A) by striking ``(A)(i) evaluate'' and inserting ``(A) evaluate and assess''; (B) by striking ``activities; and'' and inserting ``activities;''; and (C) by striking clause (ii); and (3) in paragraph (3)(B)-- (A) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively, and by inserting after clause (i) the following: ``(ii) encourage collaborations among sea grant colleges and sea grant institutes to address regional and national priorities established under subsection (c)(1);''; and (B) in clause (iii) (as so redesignated) by striking ``encourage'' and inserting ``ensure''. SEC. 6. PROGRAM OR PROJECT GRANTS AND CONTRACTS. Section 205 (33 U.S.C. 1124) is amended-- (1) by striking ``States or regions.'' in subsection (a)(2) and inserting ``States, regions, or the Nation.''; and (2) by striking the matter following paragraph (3) in subsection (b) and inserting the following: ``The total amount that may be provided for grants under this subsection and subsection 208(b) during any fiscal year shall not exceed an amount equal to 5 percent of the total funds appropriated for such year under section 212.''. SEC. 7. EXTENSION SERVICES BY SEA GRANT COLLEGES AND SEA GRANT INSTITUTES. Section 207(a) (33 U.S.C. 1126(a)) is amended in each of paragraphs (2)(B) and (3)(B) by striking ``advisory services'' and inserting ``extension services''. SEC. 8. FELLOWSHIPS. Section 208(a) (33 U.S.C. 1127) is amended-- (1) by striking ``Not later than 1 year after the date of the enactment of the National Sea Grant College Program Act Amendments of 2002, and every 2 years thereafter,'' in subsection (a) and inserting ``Every 2 years,''; and (2) by striking ``year.'' in subsection (b) and inserting ``year and is not subject to Federal cost share requirements''. SEC. 9. NATIONAL SEA GRANT ADVISORY BOARD. (a) Redesignation of Sea Grant Review Panel as Board.-- (1) Redesignation.--The sea grant review panel established by section 209 of the National Sea Grant College Program Act (33 U.S.C. 1128), as in effect before the date of the enactment of this Act, is redesignated as the National Sea Grant Advisory Board. (2) Membership not affected.--An individual serving as a member of the sea grant review panel immediately before the enactment of this Act may continue to serve as a member of the National Sea Grant Advisory Board until the expiration of such member's term under section 209(c) of such Act (33 U.S.C. 1128(c). (3) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to such sea grant review panel is deemed to be a reference to the National Sea Grant Advisory Board. (4) Conforming amendments.-- (A) In general.--Section 209 (33 U.S.C. 1128) is amended by striking so much as precedes subsection (b) and inserting the following: ``SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD. ``(a) Establishment.--There shall be an independent committee to be known as the National Sea Grant Advisory Board.''. (B) Definition.--Section 203(9) (33 U.S.C. 1122(9)) is amended to read as follows: ``(9) The term `Board' means the National Sea Grant Advisory Board established under section 209.''; (C) Other provisions.--The following provisions are each amended by striking ``panel'' each place it appears and inserting ``Board'': (i) Section 204 (33 U.S.C. 1123). (ii) Section 207 (33 U.S.C. 1126). (iii) Section 209 (33 U.S.C. 1128). (b) Duties.--Section 209(b) (33 U.S.C. 1128(b)) is amended to read as follows: ``(b) Duties.-- ``(1) In general.--The Board shall advise the Secretary and the Director concerning-- ``(A) strategies for utilizing the sea grant college program to address the Nation's highest priorities regarding the understanding, assessment, development, management, and conservation of ocean, coastal, and Great Lakes resources; ``(B) the designation of sea grant colleges and sea grant institutes; and ``(C) such other matters as the Secretary refers to the Board for review and advice. ``(2) Biennial report.--The Board shall report to the Congress every two years on the state of the national sea grant college program. The Board shall indicate in each such report the progress made toward meeting the priorities identified in the strategic plan in effect under section 204(c). The Secretary shall make available to the Board such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties under this title.''. (c) Membership, Terms, and Powers.--Section 209(c)(1) (33 U.S.C. 1128(c)(1)) is amended-- (1) by inserting ``coastal management,'' after ``resources management,''; and (2) by striking ``utilization,'' and inserting ``management,''. (d) Extension of Term.--Section 209(c)(2) (33 U.S.C. 1128(c)(2)) is amended to read as follows: ``(2) The term of office of a voting member of the Board shall be 4 years. The Director may extend the term of office of a voting member of the Board once by up to 1 year.''. (e) Establishment of Subcommittees.--Section 209(c) (33 U.S.C. 1128(c)) is amended by adding at the end the following: ``(8) The Board may establish such subcommittees as are reasonably necessary to carry out its duties under subsection (b). Such subcommittees may include individuals who are not Board members.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 212 of the National Sea Grant College Program Act (33 U.S.C. 1131) is amended-- (1) by striking subsection (a)(1) and inserting the following: ``(1) In general.--There are authorized to be appropriated to the Secretary to carry out this title-- ``(A) $100,000,000 for fiscal year 2009; ``(B) $105,000,000 for fiscal year 2010; ``(C) $110,000,000 for fiscal year 2011; ``(D) $115,000,000 for fiscal year 2012; ``(E) $120,000,000 for fiscal year 2013; and ``(F) $125,000,000 for fiscal year 2014.''; (2) in subsection (a)(2)-- (A) by striking ``biology and control of zebra mussels and other important aquatic'' in subparagraph (A) and inserting ``biology, prevention, and control of aquatic''; and (B) by striking ``blooms, including Pfiesteria piscicida; and'' in subparagraph (C) and inserting ``blooms; and''; (3) in subsection (c)(1) by striking ``rating under section 204(d)(3)(A)'' and inserting ``performance assessments''; (4) by striking subsection (c)(2) and inserting the following: ``(2) regional or national strategic investments authorized under section 204(b)(4);''. SEC. 11. REPEAL OF ANNUAL COORDINATION REPORT REQUIREMENT. Section 9 of the National Sea Grant College Program Act Amendments of 2002 (33 U.S.C. 857-20) is repealed.", "summary": "National Sea Grant College Program Amendments Act of 2008 - (Sec. 4) Amends the National Sea Grant College Program Act to: (1) substitute \"management\" for \"utilization\" in the definition of \"field related to ocean, coastal, and Great Lakes resources\"; (2) substitute \"extension services\" for \"advisory services\" in the definition of \"project\"; and (3) add a definition for \"regional research and information plan.\" (Sec. 5) Adds regional and national projects as elements of the national sea grant college program. Removes a reference to the sea grant review panel from provisions relating to the administration of the program. Refers to regional or national (under current law, national) strategic investments being developed with the approval of sea grant colleges and the sea grant institutes (under current law, with the approval of the sea grant review panel and the colleges and institutes). Revises the program director's duties. Requires that sea grants or contracts be responsive to the needs or problems of the nation, as well as to individual states and regions. (Sec. 6) Limits the special grant and graduate fellowship amounts that may be provided to 5% (under current law, 1%) of the amount appropriated for the National Sea Grant College Program. (Sec. 7) Requires that sea grant colleges provide extension (under current law, advisory) services. (Sec. 8) Exempts marine policy fellowships from federal cost sharing requirements. (Sec. 9) Redesignates the sea grant review panel as the National Sea Grant Advisory Board and modifies it's duties and powers and various administrative matters. (Sec. 10) Authorizes appropriations to carry out the Act. Allows any appropriated amounts exceeding the amounts appropriated for FY2003 to be distributed (among other places) to certain regional or national (under current law, national) strategic investments. (Sec. 11) Repeals a National Sea Grant College Program Act Amendments of 2002 provision requiring an annual report to the House Committee on Resources and Science and the Senate Committee on Commerce, Science, and Transportation on coordination of oceans and coastal research activities of the National Oceanic and Atmospheric Administration (NOAA), including the Coastal Ocean Program and the National Sea Grant College Program, and the National Science Foundation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Assessment Feasibility for Equipment Testing and Evaluation of Capabilities for our Homeland Act'' or the ``SAFE TECH Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Transportation Security Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Transportation Security Administration. SEC. 3. THIRD PARTY TESTING OF SECURITY SCREENING TECHNOLOGY. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Administrator, in consultation with the Under Secretary for Science and Technology of the Department of Homeland Security, shall develop a program to enable a vendor of transportation security screening technology to obtain testing, including as an alternative to the Administration's testing process under paragraph (9) of section 114(f) of title 49, United States Code, by an appropriate third party, as determined by the Administrator, in consultation with the Under Secretary, of such technology before procurement or development of such technology. (b) Detection Testing.-- (1) In general.--The third party testing program authorized under subsection (a) shall include detection testing to evaluate the performance of a security screening technology relating to the probability of detection, the probability of false alarm, and other indicators that such technology is able to meet the Administration's mission needs for detection of-- (A) explosives; and (B) prohibited items. (2) Coordination with final processes.--To the extent practicable, and without compromising the integrity of the Administration's testing process under paragraph (9) of section 114(f) of title 49, United States Code, or the Department of Homeland Security's oversight of such testing process, or increasing costs to the Administration, the Administrator shall coordinate the third party detection testing under paragraph (1) with any associated subsequent final Department of Homeland Security testing. (3) International partnerships.--To the extent practicable and permissible under law, and in accordance with national security interests of the United States, the Administrator shall-- (A) share with appropriate international partners detection testing information and standards; and (B) coordinate with such appropriate international partners to align such testing information and standards to maximize the capability to detect explosives and other threats. (c) Alternative Testing Factors.--Third party testing under subsection (a) may include as an alternative, at the discretion of the Administrator, the testing at the TSA Systems Integration Facility of the Administration, including testing for-- (1) health and safety factors; (2) operator interface; (3) human factors; (4) environmental factors; (5) throughput; (6) reliability, maintainability, and availability factors; and (7) interoperability. (d) Testing Framework.--The Administrator, in consultation with the Under Secretary for Science and Technology of the Department of Homeland Security, shall-- (1) establish a framework for the third party testing under this section to determine if the security screening technology that is the subject of such testing satisfies the Administration's requirements before such technology may enter or re-enter, as applicable, operational testing at an airport or other transportation facility; and (2) use phased implementation to allow the Administration and the third party concerned to establish best practices. (e) Prioritization of Third Party Testing.--The Administrator may prioritize, when appropriate, the field testing of security screening technology and equipment by third parties. (f) Eligible Entities.-- (1) United states ownership.--An entity providing third party testing under the program developed pursuant to subsection (a) shall be owned and controlled by a citizen of the United States. (2) Waiver.--The Administrator may waive the requirement specified in paragraph (1) with respect to an entity that is a United States subsidiary of a parent company that has implemented a foreign ownership, control, or influence mitigation plan that has been approved by the Defense Security Service of the Department of Defense prior to seeking to engage in third party testing. The Administrator has complete discretion to reject any proposal from a company to provide testing under subsection (a) that requires a waiver under this paragraph. (3) Conflicts of interest.--The Administrator shall ensure, to the extent possible, that an entity providing third party testing under this section does not have a contractual, business, or other pecuniary interest (exclusive of any such testing) in-- (A) the security screening technology subject to such testing; or the (B) vendor of such technology. SEC. 4. RECIPROCAL RECOGNITION OF SECURITY STANDARDS. (a) In General.--The Administrator, in coordination with the European Civil Aviation Conference, shall continue development of a validation process for the reciprocal recognition of security validation processes for recognition of security screening technologies or certification authorities for deployment. (b) Requirement.--The validation process under subsection (a) shall ensure that the certification process of each participating international security partner or recognized certification authority complies with Administration standards. SEC. 5. GAO REVIEW. Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a study on the third party testing program developed under this Act. Such study shall include a review of the following: (1) Any efficiencies or gains in effectiveness achieved in the Administration's operations as a result of such program. (2) The degree to which the Administration conducts timely and regular oversight of entities engaged in such testing. (3) The effect of such program on the following: (A) The introduction of innovative detection technologies into security screening operations. (B) The availability of testing for technologies developed by small to medium sized businesses. (C) Any vulnerabilities associated with such program including with respect to the following: (i) National security. (ii) Conflicts of interest between entities carrying out such testing and entities with such technologies to be tested. (iii) Waste, fraud, and abuse. Passed the House of Representatives January 9, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Security Assessment Feasibility for Equipment Testing and Evaluation of Capabilities for our Homeland Act or the SAFE TECH Act (Sec. 3) This bill directs the Transportation Security Administration (TSA) to develop a program allowing a vendor to obtain performance testing of transportation security screening technology through a third party as an alternative to the TSA's regular testing process. (Sec. 4) The TSA must develop a process for reciprocal recognition of security standards in coordination with the European Civil Aviation Conference. (Sec. 5) The Government Accountability Office must report on the third-party testing program established by this bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Export Enhancement Act of 1999''. SEC. 2. OPIC ISSUING AUTHORITY. Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(3)) is amended by striking ``1999'' and inserting ``2003''. SEC. 3. IMPACT OF OPIC PROGRAMS. (a) Additional Requirements.--Section 231A of the Foreign Assistance Act of 1961 (22 U.S.C. 2191a) is amended-- (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following new subsection: ``(b) Environmental Impact.--The Board of Directors of the Corporation shall not vote in favor of any action proposed to be taken by the Corporation that is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented, unless for at least 60 days before the date of the vote-- ``(1) an environmental impact assessment or initial environmental audit, analyzing the environmental impacts of the proposed action and of alternatives to the proposed action has been completed by the project applicant and made available to the Board of Directors; and ``(2) such assessment or audit has been made available to the public of the United States, locally affected groups in the host country, and host country nongovernmental organizations.''; and (3) in subsection (c), as so redesignated-- (A) by inserting ``(1)'' before ``The Board''; and (B) by adding at the end the following: ``(2) In conjunction with each meeting of its Board of Directors, the Corporation shall hold a public hearing in order to afford an opportunity for any person to present views regarding the activities of the Corporation. Such views shall be made part of the record.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. SEC. 4. BOARD OF DIRECTORS OF OPIC. Section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) is amended-- (1) by striking the second and third sentences; (2) in the fourth sentence by striking ``(other than the President of the Corporation, appointed pursuant to subsection (c) who shall serve as a Director, ex officio)''; (3) in the second undesignated paragraph-- (A) by inserting ``the President of the Corporation, the Administrator of the Agency for International Development, the United States Trade Representative, and'' after ``including''; and (B) by adding at the end the following: ``The United States Trade Representative may designate a Deputy United States Trade Representative to serve on the Board in place of the United States Trade Representative.''; and (4) by inserting after the second undesignated paragraph the following: ``There shall be a Chairman and a Vice Chairman of the Board, both of whom shall be designated by the President of the United States from among the Directors of the Board other than those appointed under the second sentence of the first paragraph of this subsection.''. SEC. 5. TRADE AND DEVELOPMENT AGENCY. (a) Purpose.--Section 661(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(a)) is amended by inserting before the period at the end of the second sentence the following: ``, with special emphasis on economic sectors with significant United States export potential, such as energy, transportation, telecommunications, and environment''. (b) Contributions of Costs.--Section 661(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(b)) is amended by adding at the end the following: ``(5) Contributions to costs.--The Trade and Development Agency shall, to the maximum extent practicable, require corporations and other entities to-- ``(A) share the costs of feasibility studies and other project planning services funded under this section; and ``(B) reimburse the Trade and Development Agency those funds provided under this section, if the corporation or entity concerned succeeds in project implementation.''. (c) Funding.--Section 661(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(f)) is amended-- (1) in paragraph (1)(A) by striking ``$77,000,000'' and all that follows through ``1996'' and inserting ``$48,000,000 for fiscal year 2000 and such sums as may be necessary for each fiscal year thereafter''; and (2) in paragraph (2)(A), by striking ``in fiscal years'' and all that follows through ``provides'' and inserting ``in carrying out its program, provide, as appropriate, funds''. SEC. 6. IMPLEMENTATION OF PRIMARY OBJECTIVES OF TPCC. The Trade Promotion Coordinating Committee shall-- (1) report on the actions taken or efforts currently underway to eliminate the areas of overlap and duplication identified among Federal export promotion activities; (2) coordinate efforts to sponsor or promote any trade show or trade fair; (3) work with all relevant State and national organizations, including the National Governors' Association, that have established trade promotion offices; (4) report on actions taken or efforts currently underway to promote better coordination between State, Federal, and private sector export promotion activities, including co-location, cost sharing between Federal, State, and private sector export promotion programs, and sharing of market research data; and (5) by not later than March 30, 2000, and annually thereafter, include the matters addressed in paragraphs (1), (2), (3), and (4) in the annual report required to be submitted under section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)). SEC. 7. TIMING OF TPCC REPORTS. Section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)) is amended by striking ``September 30, 1995, and annually thereafter,'' and inserting ``March 30 of each year,''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(Sec. 3) Revises certain OPIC requirements to prohibit the OPIC Board of Directors from voting in favor of any proposed action likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented, unless: (1) an environmental impact assessment or initial environmental audit has been completed by the project applicant and made available to the Board of Directors; and (2) such assessment or audit has been made available to the U.S. public, locally affected groups in the host country, and host country nongovernmental organizations. Requires OPIC in conjunction with each Board of Directors' meeting to hold a public hearing in order to afford an opportunity for any person to present views regarding OPIC activities. (Sec. 4) Revises the composition of the OPIC Board of Directors. (Sec. 5) Revises the purposes of the Trade and Development Agency to include, with respect to the promotion of U.S. private sector participation in development projects in developing and middle-income countries, special emphasis on economic sectors with significant U.S. export potential, such as energy, transportation, telecommunications, and environment. Directs the Agency to require corporations and other entities to: (1) share the costs of feasibility studies and other project planning services; and (2) reimburse the Agency those funds it has provided, if the corporation or entity concerned succeeds in project implementation. Authorizes appropriations. (Sec. 6) Requires the Trade Promotion Coordinating Committee (TPCC) to: (1) report on actions taken to eliminate the areas of overlap and duplication identified among Federal export promotion activities; (2) coordinate efforts to sponsor or promote any trade show or trade fair; (3) work with all relevant State and national organizations, including the National Governors' Association, that have established trade promotion offices; and (4) report to Congress on actions taken to promote better coordination among State, Federal, and private sector export promotion activities. (Sec. 7) Amends the Export Enhancement Act of 1988 to change the deadline for TPCC annual reports from September 30 to March 30."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Compensation Amendments of 1999''. SEC. 2. AMENDMENTS TO EXTENDED BENEFIT PROGRAM. (a) Repeal of Certain State Law Requirements.--Section 202 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) by striking paragraphs (3), (4), (5), (6), and (7) of subsection (a); and (2) by repealing subsection (c). (b) Establishment of Mandatory Triggers Based on Total Unemployment.-- (1) State `on' and `off' indicators.--Subsection (d) of section 203 of such Act is amended to read as follows: ``State `On' and `Off' Indicators ``(d) For purposes of this section-- ``(1) There is a State `on' indicator for a week if-- ``(A)(i) the average rate of total unemployment in such State (seasonally adjusted) for the period consisting of the most recent three months for which data for all States are published before the close of the week equals or exceeds 7.5 percent, and ``(ii) the average rate of total unemployment in such State (seasonally adjusted) for the 3-month period referred to in clause (i) equals or exceeds 110 percent of such average for either (or both) of the corresponding 3-month periods ending in the two preceding calendar years; or ``(B) the average rate of total unemployment for such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published before the close of the week equals or exceeds 10 percent. ``(2) There is a State `off' indicator for a week unless the requirements of subparagraph (A) or (B) of paragraph (1) are satisfied.''. (2) Determination of rates of total unemployment and insured unemployment.--Subsection (e) of section 203 of such Act is amended to read as follows: ``Determination of Rates of Total Unemployment and Insured Unemployment ``(e)(1) For purposes of this Act, determinations of the rate of total unemployment in any State for any period (and of any seasonal adjustments) shall be made by the Secretary. ``(2)(A) For purposes of subsection (f)(2), the rate of insured unemployment for any thirteen-week period shall be determined by reference to the average monthly covered employment under the State law for the first four of the most recent six calendar quarters ending before the close of such period. ``(B) For purposes of subsection (f)(2), the term `rate of insured unemployment' means the percentage arrived at by dividing-- ``(i) the average weekly number of individuals filing claims for regular compensation for weeks of unemployment with respect to the specified period, as determined on the basis of the reports made by the State agency to the Secretary, by ``(ii) the average monthly covered employment for the specified period. ``(C) Determinations under subsection (f)(2) shall be made by the State agency in accordance with regulations prescribed by the Secretary.''. (c) Requirements for Supplemental Benefits During High Unemployment Periods.-- (1) In general.--Subparagraph (B) of section 202(b)(3) of such Act is amended to read as follows: ``(B) For purposes of subparagraph (A), the term `high unemployment period' means any period during which an extended benefit period would be in effect if-- ``(i)(I) section 203(d)(1)(A)(i) were applied by substituting `10 percent' for `7.5 percent'; and ``(II) section 203(d)(1)(B) were applied by substituting `12.5 percent' for `10 percent'; and ``(ii) section 203(f)(1)(A)(i) were applied by substituting `8 percent' for `6.5 percent'.''. (2) Technical amendment.--Subsection (b) of section 202 of such Act is amended by moving the text of paragraph (3)(A) of such subsection 2 ems to the left. (d) Amendments to Alternative Trigger.--Section 203(f) of such Act is amended-- (1) in paragraph (1), by striking ``Effective with respect to compensation for weeks of employment beginning after March 6, 1993, the'' and inserting ``In lieu of applying the indicator specified in subsection (d)(1)(A), a''; (2) by amending paragraph (2) to read as follows: ``(2) A State may by law provide that, for the purpose of beginning or ending any extended period under this section, in addition to the indicators specified in subsection (d) and paragraph (1) of this subsection-- ``(A) there is a State `on' indicator for a week if the rate of insured unemployment under State law for the period consisting of such week and the immediately preceding twelve weeks equals or exceeds 6 percent; and ``(B) there is a State `off' indicator for a week if the requirement set forth in subparagraph (A) is not satisfied. Notwithstanding the provision of any State law described in this paragraph, any week for which there would otherwise be a State `on' indicator shall continue to be such a week and shall not be determined to be a week for which there is a State `off' indicator.''. SEC. 3. SPECIAL DISTRIBUTIONS TO THE STATES. Section 903(a)(3) of the Social Security Act (42 U.S.C. 1103(a)(3)) is amended-- (1) in subparagraph (A) by amending clauses (i) and (ii) to read as follows: ``(i) be subject to subparagraphs (B) and (C), to the extent such amounts are not in excess of the sum of-- ``(I) $20,000,000, plus ``(II) the amount determined by the Secretary of Labor to be the difference between the amount necessary for the proper and efficient administration of the unemployment compensation program for the succeeding fiscal year (taking into account workload and other appropriate factors) and $2,419,000,000, and ``(ii) be subject to subparagraph (D), to the extent such amounts are in excess of the sum of subclauses (I) and (II) of clause (i).''; (2) in subparagraph (B) by striking ``(A)(i)'' and inserting ``(A)(i)(II)''; (3) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (4) by inserting after subparagraph (A) the following new subparagraph: ``(B) The Secretary of Labor shall reserve the amount specified in subparagraph (A)(i)(I) (at the close of fiscal years 1999, 2000, and 2001) to award grants to the States in fiscal years 2000, 2001, and 2002 to assist in the implementation of alternative base periods for determining the eligibility of claimants. Such alternative base periods shall reduce the period of time between the end of the base period for a claimant and the filing of a claim for compensation. The amounts reserved pursuant to this subparagraph shall be available to the Secretary of Labor for obligation through fiscal year 2002.''. SEC. 4. SOLVENCY REQUIREMENTS. Section 903(b) of the Social Security Act (42 U.S.C. 1103(b)) is amended by adding at the end the following new paragraph: ``(3)(A) If the Secretary of Labor finds that, as of December 31, 2001, a State has not achieved, or made acceptable progress toward achieving, the solvency target established pursuant to subparagraph (B), then, subject to the limitation described in subparagraph (C), the amount available under this section for transfer to such State account for the succeeding fiscal year shall, in lieu of being so transferred, be transferred to the States meeting the requirements of this subsection. The transfers shall be made to such States based on the share of funds of each such State under subsection (a)(2), except that, for purposes of this subparagraph, the ratio under subsection (a)(2) shall be adjusted by excluding the wages attributable to the States failing to meet the requirements of this subparagraph. ``(B)(i) For December 31, 2001, the solvency target shall be an average high cost multiple of 1.0. For purposes of this subparagraph, the average high cost multiple represents the number of years a State could pay unemployment compensation (based on the reserve ratio of such State) if the State paid such compensation at a rate equivalent to the average benefit cost rate such State paid in the three calendar years during the preceding 20 calendar years (or, if longer, during the period consisting of the preceding three recessions as determined by the National Bureau of Economic Research) that the benefit cost rates were the highest. For purposes of making this determination-- ``(I) the term `reserve ratio' means the ratio determined by dividing the balance in the State account at the end of the calendar year by the total covered wages in the State for such year; ``(II) the term `benefit cost rate' means the rate determined by dividing the unemployment compensation paid during a calendar year by the total covered wages in the State for such year; and ``(III) the ratio and rates determined under subclauses (I) and (II) shall exclude the wages and unemployment compensation paid by employers covered under section 3309 of the Internal Revenue Code of 1986. ``(ii) For December 31, 2001, acceptable progress towards achieving the solvency target shall mean that a State has reduced any difference between 1.0 and the average high cost multiple of such State (if such multiple is less than 1.0) that the Secretary found to exist as of December 31, 1998, by an amount equal to or exceeding 5 percent of such difference. ``(iii) The Secretary may adjust the solvency target specified in clause (i), or the criteria for determining whether there is acceptable progress towards achieving the solvency target specified in clause (ii), for States that experience significant increases in unemployment during the period between December 31, 1998, and December 31, 2001. The Secretary shall establish objective criteria for making such adjustments. ``(iv) A State shall include, as part of the annual State plan relating to the administration of grants under this title, such information as the Secretary may request relating to the manner in which the State intends to achieve the solvency target established pursuant to this paragraph. ``(C) The requirements of subparagraph (A) shall apply to excess (referred to in subsection (a)(1)) remaining in the employment security account at the close of fiscal year 2002 that are equal to or less than $2,900,000,000. Such requirements shall not apply to any such excess amounts that are greater than $2,900,000,000.''. SEC. 5. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS. (a) General Rule.--Section 3306 of the Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by adding at the end the following new subsection: ``(u) Short-Time Compensation Program.--For purposes of this chapter, the term `short-time compensation program' means a program under which-- ``(1) the participation of an employer is voluntary; ``(2) an employer reduces the number of hours worked by employees in lieu of temporary layoffs; ``(3) such employees whose workweeks have been reduced by at least 10 percent are eligible for unemployment compensation; ``(4) the amount of unemployment compensation payable to any such employee is a pro rata portion of the unemployment compensation which would be payable to the employee if such employee were totally unemployed; ``(5) such employees are not required to meet the availability for work or work search test requirements while collecting short-time compensation benefits, but are required to be available for their normal workweek; ``(6) eligible employees may participate in an employer- sponsored training program to enhance job skills if such program has been approved by the State agency; ``(7) the State agency may require an employer to continue to provide health benefits, and retirement benefits under a defined benefit pension plan (as defined in section 414(j)) to any employee whose workweek is reduced pursuant to the program as though the workweek of such employee had not been reduced; ``(8) the State agency may require an employer (or an employers' association which is party to a collective bargaining agreement) to submit a written plan describing the manner in which the requirements of this subsection will be implemented and containing such other information as the Secretary of Labor determines is appropriate; and ``(9) the program meets such other requirements as the Secretary of Labor determines are appropriate.''. (b) Conforming Amendments.-- (1) Subparagraph (E) of section 3304(a)(4) of such Code (26 U.S.C. 3304(a)(4)(E)) is amended to read as follows: ``(E) amounts may be withdrawn for the payment of short-time compensation under a short-time compensation program (as defined under section 3306(u));''. (2) Paragraph (5) of section 3306(f) of such Code (26 U.S.C. 3306(f)(5)) is amended to read as follows: ``(5) amounts may be withdrawn for the payment of short- time compensation under a short-time compensation program (as defined under subsection (u)); and''. (3) Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``the payment of short-time compensation under a plan approved by the Secretary of Labor'' and inserting ``the payment of short-time compensation under a short-time compensation program (as defined in section 3306(u) of the Internal Revenue Code of 1986)''. SEC. 6. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the provisions of this Act shall take effect on the date of enactment of this Act. (b) Extended Benefit Amendments.-- (1) Except as provided in paragraph (2), the provisions of section 2 of this Act shall take effect for the weeks beginning on or after October 1, 2002. (2) Pursuant to the enactment of appropriate provisions of the State law, the provisions of section 2 may, with respect to such State, take effect for weeks which begin earlier than the weeks specified in paragraph (1), but not earlier than 60 days after the date of enactment of this Act.", "summary": "Amends title IX (Employment Security Administrative Financing) of the Social Security Act (SSA) to modify the ceiling on the Federal Unemployment Account. Provides for special distributions of funds to the States under SSA title IX. Directs the Secretary of Labor to reserve specified amounts for grants to States to assist in implementing alternative base periods for determining the eligibility of claimants for unemployment compensation. Requires States to achieve or make substantial progress toward achieving certain solvency targets for their unemployment compensation accounts. Directs the Secretary to transfer to other States' accounts the amount that would otherwise be transferred to the account of a State that violates such requirement under SSA title IX. Revises SSA title IX requirements for distribution to States of certain excess amounts in the Employment Security Administration Account as of the close of FY 2002. Amends the North American Free Trade Agreement Implementation Act to extend the self-employment assistance program. Amends the Federal Unemployment Tax Act (FUTA) under the Internal Revenue Code to set forth requirements for treatment of short-time compensation programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Falls Preservation and Redevelopment Act of 1993''. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``District'' means the Great Falls Historic District established under section 4; and (2) the term ``Secretary'' means the Secretary of the Interior. SEC. 3. PURPOSE. The purpose of this Act is to preserve and interpret the educational and inspirational benefit of the unique and distinguished contribution to our national heritage of certain historic and cultural lands, waterways, and edifices of the Great Falls Historic District. Such purpose shall be carried out with an emphasis on harnessing this unique urban environment for its educational and recreational value, and enhancing economic and cultural redevelopment within the District. SEC. 4. GREAT FALLS HISTORIC DISTRICT. (a) Establishment.--There is established in the city of Paterson in the county of Passaic in the State of New Jersey the Great Falls Historic District. (b) Boundaries.--The boundaries of the District shall be the boundaries as specified for the Great Falls Historic District listed on the National Register of Historic Places. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer the District through cooperative agreements in accordance with this Act. (b) Grants; Cooperative Agreements.-- (1) In general.--In expending sums made available pursuant to this Act, the Secretary may make grants to, and enter into cooperative agreements with, nonprofit entities for-- (A) the purchase of property or easements; (B) emergency stabilization; and (C) the establishment of a coordinated fund. (2) Purpose.--Grants and cooperative agreements entered into under this subsection shall be used to carry out this Act, including the following activities: (A) An evaluation of-- (i) the condition of historic and architectural resources existing on the date of enactment of this Act; and (ii) the environmental and flood hazard conditions within the District. (B) Recommendations for-- (i) rehabilitating, reconstructing, and adaptively reusing such historic and architectural resources; (ii) preserving viewsheds, focal points, and streetscapes; (iii) establishing gateways to the District; (iv) establishing and maintaining parks and public spaces; (v) restoring, improving, and developing raceways and adjacent areas; (vi) developing public parking areas; (vii) improving pedestrian and vehicular circulation within the District; (viii) improving security within the District, with an emphasis on preserving historically significant structures from arson; and (ix) establishing a visitor's center. (c) Restoration, Maintenance, and Interpretation.-- (1) In general.--The Secretary may enter into cooperative agreements with the owners of properties within the District of historical or cultural significance as determined by the Secretary, pursuant to which the Secretary may mark, interpret, improve, restore, and provide technical assistance with respect to the preservation and interpretation of such properties. (2) Requirements.--Each agreement entered into pursuant to paragraph (1) shall contain provisions ensuring that-- (A) the Secretary shall have the right of access at reasonable times to public portions of the property for interpretive and other purposes; and (B) no changes or alterations shall be made in the property except by mutual agreement. (d) Cooperative Agreements With State.--In administering the District, the Secretary may enter into cooperative agreements with the State of New Jersey, or any political subdivision thereof, for rendering, on a reimbursable basis, rescue, firefighting, and law enforcement services, cooperative assistance by nearby law enforcement and fire preventive agencies, and for other appropriate purposes. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as are necessary to carry out this Act.", "summary": "Great Falls Preservation and Redevelopment Act of 1993 - Establishes the Great Falls Historic District in Paterson, New Jersey, to be administered by the Secretary of the Interior. Authorizes the Secretary to enter into cooperative agreements with: (1) nonprofit entities for the purchase of property or easements, emergency stabilization, and the establishment of a coordinated fund to carry out this Act; (2) property owners for the preservation and interpretation of properties of historical or cultural significance; and (3) the State of New Jersey for rescue, firefighting, and law enforcement services in the District. Authorizes appropriations."}
{"article": "SECTION 1. CONVEYANCE OF PRESQUE ISLE LIGHT STATION FRESNEL LENS TO PRESQUE ISLE TOWNSHIP, MICHIGAN. (a) Conveyance of Lens Authorized.-- (1) Transfer of possession.--Notwithstanding any other provision of law, the Commandant of the Coast Guard may transfer to Presque Isle Township, a township in Presque Isle County in the State of Michigan (in this section referred to as the ``Township''), possession of the Historic Fresnel Lens (in this section referred to as the ``Lens'') from the Presque Isle Light Station Lighthouse, Michigan (in this section referred to as the ``Lighthouse''). (2) Condition.--As a condition of the transfer of possession authorized by paragraph (1), the Township shall, not later than one year after the date of transfer, install the Lens in the Lighthouse for the purpose of operating the Lens and Lighthouse as a Class I private aid to navigation pursuant to section 85 of title 14, United States Code, and the applicable regulations under that section. (3) Conveyance of lens.--Upon the certification of the Commandant that the Township has installed the Lens in the Lighthouse and is able to operate the Lens and Lighthouse as a private aid to navigation as required by paragraph (2), the Commandant shall convey to the Township all right, title, and interest of the United States in and to the Lens. (4) Cessation of united states operations of aids to navigation at lighthouse.--Upon the making of the certification described in paragraph (3), all active Federal aids to navigation located at the Lighthouse shall cease to be operated and maintained by the United States. (b) Reversion.-- (1) Reversion for failure of aid to navigation.--If the Township does not comply with the condition set forth in subsection (a)(2) within the time specified in that subsection, the Township shall, except as provided in paragraph (2), return the Lens to the Commandant at no cost to the United States and under such conditions as the Commandant may require. (2) Exception for historical preservation.--Notwithstanding the lack of compliance of the Township as described in paragraph (1), the Township may retain possession of the Lens for installation as an artifact in, at, or near the Lighthouse upon the approval of the Commandant. The Lens shall be retained by the Township under this paragraph under such conditions for the preservation and conservation of the Lens as the Commandant shall specify for purposes of this paragraph. Installation of the Lens under this paragraph shall occur, if at all, not later than two years after the date of the transfer of the Lens to the Township under subsection (a)(1). (3) Reversion for failure of historical preservation.--If retention of the Lens by the Township is authorized under paragraph (2) and the Township does not install the Lens in accordance with that paragraph within the time specified in that paragraph, the Township shall return the lens to the Coast Guard at no cost to the United States and under such conditions as the Commandant may require. (c) Conveyance of Additional Personal Property.-- (1) Transfer and conveyance of personal property.-- Notwithstanding any other provision of law, the Commandant may transfer to the Township any additional personal property of the United States related to the Lens that the Commandant considers appropriate for conveyance under this section. If the Commandant conveys the Lens to the Township under subsection (a)(3), the Commandant may convey to the Township any personal property previously transferred to the Township under this subsection. (2) Reversion.--If the Lens is returned to the Coast Guard pursuant to subsection (b), the Township shall return to the Coast Guard all personal property transferred or conveyed to the Township under this subsection except to the extent otherwise approved by the Commandant. (d) Conveyance Without Consideration.--The conveyance of the Lens and any personal property under this section shall be without consideration. (e) Delivery of Property.--The Commandant shall deliver property conveyed under this section-- (1) at the place where such property is located on the date of the conveyance; (2) in condition on the date of conveyance; and (3) without cost to the United States. (f) Maintenance of Property.--As a condition of the conveyance of any property to the Township under this section, the Commandant shall enter into an agreement with the Township under which the Township agrees-- (1) to operate the Lens as a Class I private aid to navigation under section 85 of title 14, United States Code, and application regulations under that section; and (2) to hold the United States harmless for any claim arising with respect to personal property conveyed under this section. (g) Limitation on Future Conveyance.--The instruments providing for the conveyance of property under this section shall-- (1) require that any further conveyance of an interest in such property may not be made without the advance approval of the Commandant; and (2) provide that, if the Commandant determines that an interest in such property was conveyed without such approval-- (A) all right, title, and interest in such property shall revert to the United States, and the United States shall have the right to immediate possession of such property; and (B) the recipient of such property shall pay the United States for costs incurred by the United States in recovering such property. (h) Additional Terms and Conditions.--The Commandant may require such additional terms and conditions in connection with the conveyances authorized by this section as the Commandant considers appropriate to protect the interests of the United States.", "summary": "Authorizes the Commandant of the Coast Guard to transfer to Presque Isle Township in Presque County, Michigan: (1) possession of the historic Fresnel Lens from the Presque Isle Light Station Lighthouse; and (2) any additional U.S. personal property related to the Lens that the Commandant considers appropriate for conveyance. Requires the Township, as condition of the transfer of possession, to install the Lens in the Lighthouse as a Class I private aid to navigation. Instructs the Commandant, upon certification of the Commandant that the Township has installed the Lens and is able to operate the Lens and Lighthouse as a private aid to navigation, to convey to the Township all interest of the United States in and to the Lens. Allows the Commandant, if the Commandant conveys the Lens to the Township, to convey to the Township any personal property previously transferred to the Township under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Katie Sepich Enhanced DNA Collection Act of 2010''. SEC. 2. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS PROGRAM FOR STATES TO IMPLEMENT MINIMUM AND ENHANCED DNA COLLECTION PROCESSES. Section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end the following new subsection: ``(i) Payment Incentives for States to Implement Minimum and Enhanced DNA Collection Processes.-- ``(1) Payment incentives.-- ``(A) Bonus for minimum dna collection process.-- Subject to subparagraph (B), in the case of a State that receives funds for a fiscal year (beginning with fiscal year 2011) under this subpart and has implemented a minimum DNA collection process and uses such process for such year, the amount of funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be increased by 5 percent. ``(B) Bonus for enhanced dna collection process.-- In the case of a State that receives funds for a fiscal year (beginning with fiscal year 2011) under this subpart and has implemented an enhanced DNA collection process and uses such process for such year, the amount of funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be increased by 10 percent. ``(2) Definitions.--For purposes of this subsection: ``(A) Minimum dna collection process.--The term `minimum DNA collection process' means, with respect to a State, a process under which the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation is searched at least one time against samples from the following individuals who are at least 18 years of age: ``(i) Such individuals who are arrested for, charged with, or indicted for a criminal offense under State law that consists of murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter. ``(ii) Such individuals who are arrested for, charged with, or indicted for a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 5 years, or an attempt to commit such an offense. ``(iii) Such individuals who are arrested for, charged with, or indicted for a criminal offense under State law that has an element of kidnaping or abduction punishable by imprisonment for 5 years or more. ``(B) Enhanced dna collection process.--The term `enhanced DNA collection process' means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation, of DNA samples from the following individuals who are at least 18 years of age: ``(i) Such individuals who are arrested for or charged with a criminal offense under State law that consists of murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter. ``(ii) Such individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 1 year, or an attempt to commit such an offense. ``(iii) Such individuals who are arrested for or charged with a criminal offense under State law that consists of a specified offense against a minor (as defined in section 111(7) of the Sex Offender Registration and Notification Act (42 U.S.C. 16911(7)), or an attempt to commit such an offense. ``(iv) Such individuals who are arrested for or charged with a criminal offense under State law that consists of burglary or any attempt to commit burglary. ``(v) Such individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault. ``(3) Expungement of profiles.--The expungement requirements under section 210304(d) of the DNA Identification Act of 1994 (42 U.S.C. 14132(d)) shall apply to any samples collected pursuant to this subsection for purposes of inclusion in the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation. ``(4) Reports.--The Attorney General shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate an annual report (which shall be made publicly available) that-- ``(A) lists the States, for the year involved-- ``(i) which have (and those States which have not) implemented a minimum DNA collection process and use such process; and ``(ii) which have (and those States which have not) implemented an enhanced DNA collection process and use such process; ``(B) describes the increases granted to States under paragraph (1) for the year involved and the amounts that States not receiving an increase under such paragraph would have received if such States had a minimum or enhanced DNA collection process; and ``(C) includes statistics, with respect to the year involved, regarding the benefits to law enforcement resulting from the implementation of minimum and enhanced DNA collection processes, including the number of matches made due to the inclusion of arrestee profiles under such a process. ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection for each of the fiscal years 2011 through 2015, in addition to funds made available under section 508, such sums as may be necessary, but not to exceed the amount that is 10 percent of the total amount appropriated pursuant to such section for such fiscal year.''. Passed the House of Representatives May 18, 2010. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Katie Sepich Enhanced DNA Collection Act of 2010 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase payments to states under the Edward Byrne Memorial Justice Assistance Grant program for implementing a minimum or an enhanced DNA collection process. Increases such payments by 5% for states that implement a minimum DNA collection process and by 10% for states that implement an enhanced DNA process. Defines \"minimum DNA collection process\" as a process under which the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation (FBI) is searched at least one time against samples of individuals who are at least 18 years of age and who are arrested for, charged with, or indicted for crimes involving murder, manslaughter, sexual assaults, and kidnapping or abduction. Defines \"enhanced DNA collection process\" as a process under which states provide for the collection, for purposes of inclusion in CODIS, of DNA samples from individuals who are at least 18 years of age and who are arrested or charged with crimes involving murder, manslaughter, sexual assault, certain sexual offenses involving a minor, burglary, and aggravated assault. Directs the Attorney General to submit to the Judiciary Committees of Congress an annual report: (1) listing states which have (and which have not) implemented a minimum or enhanced DNA collection process and which use such processes; (2) describing the increases in grant payments to states; and (3) including statistics on benefits to law enforcement resulting from the implementation of minimum and enhanced DNA collection processes. Authorizes appropriations for FY2011-FY2015."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hardship Outlays to protect Mortgagee Equity (HOME) Act''. SEC. 2. WAIVER OF TAX ON EARLY DISTRIBUTIONS FROM CERTAIN RETIREMENT PLANS FOR MORTGAGE PAYMENTS WITH RESPECT TO A PRINCIPAL RESIDENCE. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Distributions for principal residence mortgage payments.--Distributions to an individual which are qualified principal residence mortgage payment distributions (as defined in paragraph (9)). Distributions shall not be taken into account under the preceding sentence if such distributions are described in subparagraph (A), (C), (D), (E), or (F) or to the extent paragraph (1) does not apply to such distributions by reason of subparagraph (B).''. (b) Qualified Principal Residence Mortgage Payment Distributions.-- Subsection (t) of section 72 of such Code is amended by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively, and by inserting after paragraph (8) the following new paragraph: ``(9) Qualified principal residence mortgage payment distributions.-- ``(A) In general.--For purposes of paragraph (2)(H), the term `qualified principal residence mortgage payment distribution' means any payment or distribution received by an individual to the extent such payment or distribution is used by the individual before the close of the 120th day after the day on which such payment or distribution is received to pay qualified mortgage costs with respect to a principal residence (within the meaning of section 121) of such individual or the spouse of such individual. ``(B) Aggregate lifetime dollar limitation.--The aggregate amount of payments or distributions received by an individual which may be treated as qualified principal residence mortgage payment distributions for any taxable year shall not exceed the excess (if any) of-- ``(i) $50,000, over ``(ii) the aggregate amounts treated as qualified principal residence mortgage payment distributions with respect to such individual for all prior taxable years. ``(C) Plan dollar limitation.--The aggregate amount of payments or distributions received by an individual which may be treated as qualified principal residence mortgage payment distributions with respect to any qualified retirement plan (as defined in section 4974(c)) for any taxable year shall not exceed one-half the present value of the nonforfeitable accrued benefit of the individual under the plan (determined as of the beginning of such taxable year). ``(D) Qualified mortgage costs.--For purposes of this paragraph, the term `qualified mortgage costs' means amounts paid as principal or interest on acquisition indebtedness, as defined in section 163(h)(3)(B), except that-- ``(i) the dollar limitation of clause (ii) of such section shall not apply, and ``(ii) any reference to a qualified residence shall be treated as a reference to the principal residence referred to in subparagraph (A).''. (c) Conforming Amendments.-- (1) Section 401(k)(2)(B)(i) of such Code is amended by striking ``or'' at the end of subclause (IV), by striking ``and'' at the end of subclause (V) and inserting ``or'', and by adding at the end the following new subclause: ``(VI) in the case of a qualified principal residence mortgage payment distribution (as defined in section 72(t)(9)), the date of such distribution, and''. (2) Paragraphs (7)(A)(ii) and (11)(C) of section 403(b) of such Code are each amended by striking ``section 72(t)(2)(G)'' and inserting ``subparagraph (G) or (H) of section 72(t)''. (d) Effective Date.--The amendments made by this section shall apply to distributions made in taxable years ending after the date of the enactment of this Act.", "summary": "Hardship Outlays to protect Mortgagee Equity (HOME) Act - Amends the Internal Revenue Code to allow taxpayers to withdraw amounts from their tax-exempt pension and retirement plans, without incurring the 10% penalty otherwise imposed on such withdrawals, to make mortgage payments on their principal residences."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``The Small Watershed Rehabilitation Amendments of 1998''. SEC. 2. REHABILITATION OF WATER RESOURCE STRUCTURAL MEASURES CONSTRUCTED UNDER CERTAIN DEPARTMENT OF AGRICULTURE PROGRAMS. The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) is amended by adding at the end the following new section: ``SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR PAST THEIR EVALUATED LIFE EXPECTANCY. ``(a) Definitions.--For purposes of this section: ``(1) Rehabilitation.--The term `rehabilitation', with respect to a structural measure constructed as part of a covered water resource project, means the completion of all work necessary to extend the service life of the structural measure and meet applicable safety and performance standards. This may include (A) protecting the integrity of the structural measure, or prolonging the useful life of the structural measure, beyond the original evaluated life expectancy, (B) correcting damage to the structural measure from a catastrophic event, (C) correcting the deterioration of structural components that are deteriorating at an abnormal rate, or (D) upgrading the structural measure to meet changed land use conditions in the watershed served by the structural measure or changed safety criteria applicable to the structural measure. ``(2) Covered water resource project.--The term `covered water resource project' means a work of improvement carried out under any of the following: ``(A) This Act. ``(B) Section 13 of the Act of December 22, 1944 (Public Law 78-534; 58 Stat. 905). ``(C) The pilot watershed program authorized under the heading `Flood Prevention' of the Department of Agriculture Appropriation Act, 1954 (Public Law 156; 67 Stat. 214). ``(D) Subtitle H of title XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451 et seq.; commonly known as the Resource Conservation and Development Program). ``(3) Eligible local organization.--The term `eligible local organization' means a local organization or appropriate State agency responsible for the operation and maintenance of structural measures constructed as part of a covered water resource project. ``(4) Structural measure.--The term ``structural measure'' means a physical improvement that impounds water and was constructed as part of a covered water resource project. ``(b) Cost Share Assistance For Rehabilitation.-- ``(1) Amount and use.--The Secretary may provide financial assistance to an eligible local organization to assist the local organization with the rehabilitation of structural measures originally constructed as part of a covered water resource project. The amount of the financial assistance for a particular rehabilitation project may not exceed 65 percent of the total rehabilitation costs for the structural measures included in the rehabilitation project. The total costs of rehabilitation may include financial assistance to pay for costs associated with the rehabilitation project, including land, easements, and rights-of-ways costs, costs of water, mineral and other resource rights, rehabilitation project administration, and contracting. ``(2) Relation to land use and development regulations.--As a condition on entering into an agreement to provide financial assistance under this subsection, the Secretary, working in concert with the eligible local organization, may require that proper zoning or other developmental regulations are in place in the watershed in which the structural measures to be rehabilitated under the agreement are located so that-- ``(A) the completed rehabilitation project is not quickly rendered inadequate by additional development; and ``(B) society can realize the full benefits of the rehabilitation investment. ``(c) Technical Assistance For Watershed Project Rehabilitation.-- The Secretary may provide technical assistance in planning, designing, and implementing rehabilitation projects should an eligible local organization request such assistance. Such assistance may consist of specialists in such fields as engineering, geology, soils, agronomy, biology, hydraulics, hydrology, economics, water quality, and contract administration. ``(d) Prohibited Use.-- ``(1) Performance of operation and maintenance.-- Rehabilitation assistance provided under this section may not be used to perform operation and maintenance activities specified in the agreement for the covered water resource project entered into between the Secretary and the eligible local organization responsible for the works of improvement. Such operation and maintenance activities shall remain the responsibility of the local organization, as provided in the project work plan. ``(2) Renegotiation.--Notwithstanding paragraph (1), as part of the provision of financial assistance under subsection (b), the Secretary may renegotiate the original agreement for the covered water resource project entered into between the Secretary and the eligible local organization regarding responsibility for the operation and maintenance of the project. ``(e) Application For Rehabilitation Assistance.--An eligible local organization may apply to the Secretary for technical and financial assistance under this section if the application has also been submitted to and approved by the State agency having supervisory responsibility over the covered water resource project at issue or, if there is no State agency having such responsibility, by the Governor of the State. The Secretary shall request the State dam safety officer (or equivalent State official) to be involved in the application process if State permits or approvals are required. The rehabilitation of structural measures shall meet standards established by the Secretary and address other dam safety issues. Personnel of the Natural Resources Conservation Service of the Department of Agriculture shall assist in preparing applications for assistance. ``(f) Justification For Rehabilitation Assistance.--In order to qualify for technical or financial assistance under this authority, the Secretary shall require the rehabilitation project to be performed in the most cost-effective manner that accomplishes the rehabilitation objective. Since the requirements for accomplishing the rehabilitation are generally for public health and safety reasons, in many instances being mandated by other State or Federal laws, benefit-cost analysis and a positive benefit cost-ratio will not be required. The benefits of and the requirements for the rehabilitation project shall be documented to ensure the wise and responsible use of Federal funds. ``(g) Ranking of Requests For Rehabilitation Assistance.--The Secretary shall establish such system of approving rehabilitation requests, recognizing that such requests will be received throughout the fiscal year and subject to the availability of funds to carry out this section, as is necessary for proper administration by the Department of Agriculture and equitable for all eligible local organizations. The approval process shall be in writing, and made known to all eligible local organizations and appropriate State agencies. ``(h) Authorization of Appropriations.--There are authorized to be appropriated $60,000,000 for each of the fiscal years 1999 through 2008 to carry out this section. ``(i) Assessment of Rehabilitation Needs.--Of the amount appropriated pursuant to subsection (h) for both fiscal year 1999 and 2000, $5,000,000 shall be used by the Secretary, in concert with the responsible State agencies, to conduct an assessment of the rehabilitation needs of covered water resource projects in all States in which such projects are located. ``(j) Reports.--The Secretary shall submit an annual report to Congress providing the status of activities conducted under this section. An eligible local organization that receives rehabilitation assistance shall make an annual report to the Secretary giving the status of any rehabilitation effort undertaken using financial assistance provided under this section.''.", "summary": "Small Watershed Rehabilitation Amendments of 1998 - Amends the Watershed Protection and Flood Prevention Act to authorize the Secretary of Agriculture to provide financial assistance to an eligible local organization for the rehabilitation of structural measures originally constructed as part of a covered water resource project. Limits the amount of such assistance to 65 percent of total rehabilitation costs. Authorizes the Secretary to provide technical assistance to a requesting organization in planning, designing, and implementing rehabilitation projects. Prohibits any assistance authorized under this Act from being used to perform operation and maintenance activities. Outlines assistance application requirements. Directs the Secretary to establish a system of approving rehabilitation assistance requests from eligible organizations equitably. Authorizes appropriations for FY 1999 through 2008. Earmarks funds authorized for the first two fiscal years for an assessment by the Secretary of the rehabilitation needs of covered projects."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sikes Act Amendments Act of 2011''. SEC. 2. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED FOR THE NATIONAL DEFENSE. (a) Improvements to Act.--The Sikes Act (16 U.S.C. 670 et seq.) is amended as follows: (1) Definitions.--Section 100 (16 U.S.C. 670) is amended-- (A) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (1) the following new paragraphs: ``(2) State.--The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands. ``(3) State-owned national guard installation.--The term `State-owned National Guard installation' means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32, United States Code, with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense.''. (2) Funding of integrated natural resources management plans.--Section 101 (16 U.S.C. 670a) is amended-- (A) in subsection (a)(1)(B)-- (i) by inserting ``(i)'' before ``To facilitate''; and (ii) by adding at the end the following new clause: ``(ii) The Secretary of a military department may, subject to the availability of appropriations, develop and implement an integrated natural resources management plan for a State-owned National Guard installation. Such a plan shall be developed and implemented in coordination with the chief executive officer of the State in which the State-owned National Guard installation is located. Such a plan is deemed, for purposes of any other provision of law, to be for lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use.''; (B) in subsection (a)(2), by inserting ``or State- owned National Guard installation'' after ``military installation'' both places it appears; (C) in subsection (a)(3)-- (i) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (ii) by inserting ``(A)'' before ``Consistent''; (iii) in subparagraph (A), as designated by clause (ii) of this subparagraph, by inserting ``and State-owned National Guard installations'' after ``military installations'' the first place it appears; (iv) in clause (i) of subparagraph (A), as redesignated by clause (i) of this subparagraph, by striking ``military installations'' and inserting ``such installations''; (v) in clause (ii) of subparagraph (A), as redesignated by clause (i) of this subparagraph, by inserting ``on such installations'' after ``resources''; and (vi) by adding at the end the following subparagraph: ``(B) In the case of a State-owned National Guard installation, such program shall be carried out in coordination with the chief executive officer of the State in which the installation is located.''; (D) in subsection (b), by inserting ``and State- owned National Guard installations'' after ``military installations'' the first place it appears; (E) in subparagraphs (G) and (I) of subsection (b)(1), by striking ``military installation'' each place it appears and inserting ``installation''; and (F) in subsection (b)(3), by inserting ``, in the case of a military installation,'' after ``(3) may''. (3) Cooperative agreements.--Section 103a(a) (16 U.S.C. 670c-1(a)) is amended-- (A) in paragraph (1), by striking ``Department of Defense installations'' and inserting ``military installations and State-owned National Guard installations''; and (B) in paragraph (2), by striking ``Department of Defense installation'' and inserting ``military installation or State-owned National Guard installation''. (b) Section and Subsection Headings.--Such Act is further amended as follows: (1) Section 101 (16 U.S.C. 670a) is amended-- (A) by inserting at the beginning the following: ``SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.''; (B) by striking ``Sec. 101.''; (C) in subsection (c), by inserting ``Prohibitions on Sale and Lease of Lands Unless Effects Compatible With Plan.--'' after ``(c)''; (D) in subsection (d), by inserting ``Implementation and Enforcement of Integrated Natural Resources Management Plans.--'' after (d); and (E) in subsection (e)-- (i) by inserting ``Applicability of Other Laws.--'' after ``(e)''; and (ii) by inserting a comma after ``Code''. (2) Section 102 (16 U.S.C. 670b) is amended-- (A) by inserting at the beginning the following: ``SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.''; (B) by striking ``Sec. 102.'' and inserting ``(a) Integrated Natural Resources Management Plan.--''; and (C) by striking ``agency:'' and all that follows through ``possession'' and inserting ``agency. ``(b) Applicability of Other Laws.--Possession''. (3) Section 103a (16 U.S.C. 670c-1) is further amended-- (A) by inserting at the beginning the following: ``SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT ON INSTALLATIONS.''; (B) by striking ``Sec. 103a.''; (C) in subsection (a), by inserting ``Authority of Secretary of Military Department.--'' after ``(a)''; and (D) in subsection (c), by inserting ``Availability of Funds; Agreements Under Other Laws.--'' after ``(c)''. (4) Section 104 (16 U.S.C. 670d) is amended-- (A) by inserting at the beginning the following: ``SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER GENERAL.''; and (B) by striking ``Sec. 104.''. (5) Section 105 (16 U.S.C. 670e) is amended-- (A) by inserting at the beginning the following: ``SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS.''; and (B) by striking ``Sec. 105.''. (6) Section 108 (16 U.S.C. 670f) is amended-- (A) by inserting at the beginning the following: ``SEC. 108. APPROPRIATIONS AND EXPENDITURES.''; (B) by striking ``Sec. 108.''; (C) in subsection (a), by inserting ``Expenditures of Collected Funds Under Integrated Natural Resources Management Plans.--'' after ``(a)''; (D) in subsection (b), by inserting ``Authorization of Appropriations to Secretary of Defense.--'' after ``(b)''; (E) in subsection (c), by inserting ``Authorization of Appropriations to Secretary of the Interior.--'' after ``(c)''; and (F) in subsection (d), by inserting ``Use of Other Conservation or Rehabilitation Authorities.--'' after ``(d)''. (7) Section 201 (16 U.S.C. 670g) is amended-- (A) by inserting at the beginning the following: ``SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND REHABILITATION PROGRAMS.''; (B) by striking ``Sec. 201.''; (C) in subsection (a), by inserting ``Programs Required.--'' after ``(a)''; and (D) in subsection (b), by inserting ``Implementation of Programs.--'' after ``(b)''. (8) Section 202 (16 U.S.C. 670h) is amended-- (A) by inserting at the beginning the following: ``SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION PROGRAMS.''; (B) by striking ``Sec. 202.''; (C) in subsection (a), by inserting ``Development of Plans.--'' after ``(a)''; (D) in subsection (b), by inserting ``Consistency With Overall Land Use and Management Plans; Hunting, Trapping, and Fishing.--'' after ``(b)''; (E) in subsection (c), by inserting ``Cooperative Agreements by State Agencies for Implementation of Programs.--'' after ``(c)''; and (F) in subsection (d), by inserting ``State Agency Agreements Not Cooperative Agreements Under Other Provisions.--'' after ``(d)''. (9) Section 203 (16 U.S.C. 670i) is amended-- (A) by inserting at the beginning the following: ``SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, TRAPPING, AND FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS.''; (B) by striking ``Sec. 203.''; (C) in subsection (a), by inserting ``Agreements To Require Stamps.--'' after ``(a)''; and (D) in subsection (b)-- (i) by inserting ``Conditions for Agreements.--'' after ``(b)''; and (ii) by moving paragraph (3) 2 ems to the right, so that the left-hand margin aligns with that of paragraph (2). (10) Section 204 (16 U.S.C. 670j) is amended-- (A) by inserting at the beginning the following: ``SEC. 204. ENFORCEMENT PROVISIONS.''; (B) by striking ``Sec. 204.''; (C) in subsection (a), by inserting ``Violations and Penalties.--'' after ``(a)''; (D) in subsection (b), by inserting ``Enforcement Powers and Proceedings.--'' after ``(b)''; (E) in subsection (c), by inserting ``Seizure and Forfeiture.--'' after ``(c)''; and (F) in subsection (d), by inserting ``Applicability of Customs Laws.--'' after ``(d)''. (11) Section 205 (16 U.S.C. 670k) is amended-- (A) by inserting at the beginning the following: ``SEC. 205. DEFINITIONS.''; and (B) by striking ``Sec. 205.''. (12) Section 206 (16 U.S.C. 670l) is amended-- (A) by inserting at the beginning the following: ``SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST SERVICE AND BUREAU OF LAND MANAGEMENT LANDS; AUTHORIZED FEES.''; and (B) by striking ``Sec. 206.''. (13) Section 207 (16 U.S.C. 670m) is amended-- (A) by inserting at the beginning the following: ``SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGULATING INDIAN RIGHTS.''; and (B) by striking ``Sec. 207.''. (14) Section 209 (16 U.S.C. 670o) is amended-- (A) by inserting at the beginning the following: ``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.''; (B) by striking ``Sec. 209.''; (C) in subsection (a), by inserting ``Functions and Responsibilities of Secretary of the Interior.--'' after ``(a)''; (D) in subsection (b), by inserting ``Functions and Responsibilities of Secretary of Agriculture.--'' after ``(b)''; (E) in subsection (c), by inserting ``Use of Other Conservation or Rehabilitation Authorities.--'' after ``(c)''; and (F) in subsection (d), by inserting ``Contract Authority.--'' after ``(d)''. (c) Codification of Change of Name.--Section 204(b) of such Act (16 U.S.C. 670j) is amended by striking ``magistrate'' both places it appears and inserting ``magistrate judge''. (d) Repeal of Obsolete Section.--Section 208 of such Act is repealed, and section 209 of such Act (16 U.S.C. 670o) is redesignated as section 208.", "summary": "Sikes Act Amendments Act of 2011 - Amends the Sikes Act (conservation programs on military installations and facilities) to include under such Act's coverage state-owned facilities used for National Guard training. Authorizes the Secretary of a military department to develop and implement an integrated natural resources management plan for a state-owned National Guard installation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Aid Streamlined Disclosure Act of 2003''. SEC. 2. DISCLOSURE OF TAX RETURN INFORMATION FOR STUDENT AID PURPOSES. (a) In General.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 (relating to disclosure of returns and return information for purposes other than tax administration) is amended to read as follows: ``(13) Disclosure of return information for student financial assistance purposes.-- ``(A) Full disclosure to department of education.-- The Secretary may, with respect to a person described in subparagraph (F)(i) and upon written request from the Secretary of Education, disclose to the officers and employees of the Department of Education for the purposes described in subparagraph (E)-- ``(i) taxpayer identity information, and ``(ii) the following items in the case of a material discrepancy between the information reported, directly or indirectly, to officers, employees, and contractors of the Department of Education and the following items: ``(I) The filing status of that taxpayer. ``(II) The adjusted gross income of that taxpayer. ``(III) The total earnings from employment (including net earnings from self-employment) of that taxpayer. ``(IV) The Federal income tax liability of that taxpayer. ``(V) The type of tax return filed by that taxpayer. ``(B) Redisclosure to contractors.--Officers and employees of the Department of Education may disclose to contractors whether a material discrepancy between items reported, directly or indirectly, to an officer, employee, or contractor of the Department of Education and any of the items described in subparagraph (A)(ii) would result in an over or under award of grants or loans under title IV of the Higher Education Act of 1965. ``(C) Fact of discrepancy redisclosure of information.-- ``(i) In general.--Subject to subparagraphs (D) and (E), officers, employees, and contractors of the Department of Education may, with respect to an application for assistance under title IV of the Higher Education Act of 1965, disclose to persons described in clauses (ii) and (iii)-- ``(I) the fact of a material discrepancy between items reported, directly or indirectly, to such officers, employees, or contractors and any of the items described in subparagraph (A)(ii), and ``(II) whether such items as shown on the return are greater than or less than such items as reported to the Department of Education. ``(ii) Applicant.--The person described in this clause is the applicant described in subclause (I) or (II) of subparagraph (F)(i). ``(iii) Other persons.--The persons described in this clause are-- ``(I) individuals whose information is discrepant, ``(II) officers and employees of institutions of higher education (as defined in section 102 of the Higher Education Act of 1965) that administer, or assist the Secretary of Education in administering, a grant, loan, benefit, or work assistance program under title IV of such Act, ``(III) officers and employees of State agencies that administer a grant or work assistance program under subpart 4 of part A of title IV of such Act, and ``(IV) auditors engaged to perform audits or reviews required under section 487(c) of such Act, ``(D) Limitation on full redisclosures relating to material discrepancies.--Information specific to an individual which is disclosed by the Secretary under subparagraph (A) may only be redisclosed to the individual whose information is discrepant and to the Department of Justice for purposes relating to the collection of overpayments of grants or loans provided under title IV of the Higher Education Act of 1965, including by means of litigation. ``(E) Restriction on use of disclosed information.-- ``(i) In general.--Information may be disclosed under subparagraphs (A) through (C) only for the purpose of, and to the extent necessary to-- ``(I) verify the information reported by a person described in subparagraph (F)(i) in connection with any application for grant, loan, benefit or work assistance under title IV of the Higher Education Act of 1965, ``(II) determine income contingent repayment amounts and schedules on an applicable student loan, ``(III) collect overpayments of grants or loans provided under title IV of such Act, including by means of litigation in the case of the Department of Justice, or ``(IV) audit title IV student assistance programs, as required under section 487(c) of such Act. ``(ii) Information limited to tax years required.--Information disclosed under this paragraph shall be limited to the tax years required, in accordance with such Act and implementing regulations, to carry out the purposes described in this paragraph. ``(F) Definitions and special rules.--For purposes of this paragraph-- ``(i) Person described.--A person is described in this clause if the person-- ``(I) has applied for grant, loan, benefit, or work assistance under title IV of the Higher Education Act of 1965, ``(II) is seeking income contingent repayment on an applicable student loan, ``(III) in the case of an individual who is a dependent student and who has applied for the assistance described in subclauses (I) and (II), is the parent (as defined for purposes of title IV of such Act) of such individual, or ``(IV) in the case of an individual who is an independent student and who has applied for the assistance described in subclauses (I) and (II), is the spouse of such individual. ``(ii) Material discrepancy.--The term `material discrepancy' means, with respect to similar items in 2 sets of information-- ``(I) a difference between such sets of not less than the greater of $100 or one percent of the item shown on the return in the case of items described in subclause (II), (III), or (IV) of subparagraph (A)(ii), and ``(II) any difference between such sets of information in the case of items described in subclause (I) or (V) of subparagraph (A)(ii). ``(iii) Applicable student loan.--The term `applicable student loan' means-- ``(I) any loan made under the program authorized under part D of title IV of such Act, and ``(II) any loan made under part B or E of title IV of such Act that is in default and has been assigned to the Department of Education. ``(iv) Exclusive authority.--For purposes of subsection (a), subsection (c) shall not be construed to be an authorization for any disclosure covered by this paragraph. ``(v) Funding.--Information may be disclosed under this paragraph only if there is in effect an agreement between the Secretary and the Secretary of Education under which the Secretary of Education makes periodic payments to the Secretary-- ``(I) to reimburse the Secretary for costs incurred in carrying out this paragraph, and ``(II) to cover the cost to the Secretary of monitoring compliance with this section by the Secretary of Education in carrying out this paragraph. ``(vi) References to higher education act of 1965.--For purposes of this paragraph, references to the Higher Education Act of 1965 shall be treated as references to the Higher Education Act of 1965 as in effect on the date of the enactment of this paragraph. ``(G) Termination.--This paragraph shall not apply to requests for disclosures made after September 30, 2008.''. (b) Conforming and Other Amendments.-- (1) Section 6103(a)(3) of such Code is amended by striking ``paragraph (6), (12), or (16) of subsection (l),'' and inserting ``paragraph (6), (12), (13), or (16) of subsection (l),''. (2) Section 6103(p) of such Code is amended-- (A) in paragraph (3)(A) by striking ``(13)''; and (B) in paragraph (4) by striking ``paragraph (6)(A), (12)(B), or (16) of subsection (l)'' in the flush language at the end and inserting ``paragraph (6)(A), (12)(B), (13), or (16) of subsection (l)''. (3) Section 7213(a)(2) of such Code is amended by inserting ``(13),'' after ``(12),''. (c) Effective Date.--The amendments made by this section shall apply to requests for disclosures made after the date of the enactment of this Act.", "summary": "Student Aid Streamlined Disclosure Act of 2003 - Amends the Internal Revenue Code to authorize, through September 30, 2008, the disclosure of certain tax return information to the Department of Education with respect to students seeking federal student aid."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Restoration and Revitalization Act of 2004''. SEC. 2. MODIFICATIONS TO RULES FOR DETERMINING THE APPLICABLE PERCENTAGE FOR CERTAIN BUILDINGS ELIGIBLE FOR LOW-INCOME HOUSING CREDIT. (a) In General.--Subparagraph (B) of section 42(b)(2) of the Internal Revenue Code of 1986 (relating to the method of prescribing the applicable percentage) is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting a comma, and by adding at the end the following new clauses: ``(iii) 87.5 percent of the qualified basis of a building described in paragraph (1)(A), if the basis of the building is subject to the basis adjustment for rehabilitation credit property required under section 50(c), and ``(iv) 37.5 percent of the qualified basis of a building described in paragraph (1)(B), if the basis of the building is subject to the basis adjustment for rehabilitation credit property required under section 50(c).''. (b) Effective Date.--The amendments made by this section shall apply to-- (1) housing credit dollar amounts allocated after December 31, 2003, and (2) buildings placed in service after such date to the extent paragraph (1) of section 42(h) of the Internal Revenue Code of 1986 does not apply to any building by reason of paragraph (4) thereof, but only with respect to bonds issued after such date. SEC. 3. MODIFICATION TO BASIS ADJUSTMENT RULE. (a) In General.--Paragraph (3) of subsection 50(c) of the Internal Revenue Code of 1986 (relating to special rules for determining basis) is amended by striking ``energy credit or reforestation credit'' and inserting ``energy credit, reforestation credit, or rehabilitation credit''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 4. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALLER PROJECTS. (a) In General.--Section 47 of the Internal Revenue Code of 1986 (relating to rehabilitation credit) is amended by adding at the end the following new subsection: ``(e) Special Rule Regarding Certain Smaller Projects.-- ``(1) In general.--In the case of any qualified rehabilitated building or portion thereof-- ``(A) which is placed in service after the date of the enactment of this subsection, and ``(B) which is a smaller project, subsection (a)(2) shall be applied by substituting `40 percent' for `20 percent' with respect to qualified rehabilitation expenditures not over $1,000,000, and `20 percent' with respect to qualified rehabilitation expenditures of over $1,000,000. ``(2) Smaller project defined.--For purposes of this section, the term `smaller project' means any qualified rehabilitated building or portion thereof as to which-- ``(A) the qualified rehabilitation expenditures reported by the taxpayer for purposes of calculating the credit under this section are not over $2,000,000, except that for purposes of making this determination, qualified rehabilitation expenditures attributable to the provisions of subsection (c)(2)(E) shall be disregarded, and ``(B) no credit was allowable under this section during any of the two prior taxable years, provided that this subparagraph shall not apply to any building as to which the election provided for in subsection (d)(5) shall have been made. ``(3) Coordination with subsection (d).--With respect to any building as to which the election provided for in subsection (d)(5) shall have been made, such building shall be deemed a smaller project only if the qualified rehabilitation expenditures reported by the taxpayer for purposes of calculating the credit under this section with respect to the taxable years to which such election shall apply are, in the aggregate, not over $2,000,000.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 5. USE FOR LODGING NOT TO DISQUALIFY FOR REHABILITATION CREDIT PROPERTY WHICH IS NOT A CERTIFIED HISTORIC STRUCTURE. (a) In General.--Subparagraph (C) of section 50(b)(2) of the Internal Revenue Code of 1986 (relating to property eligible for the investment credit) is amended by striking ``certified historic structure'' and inserting ``qualified rehabilitated building''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 6. DATE BY WHICH BUILDING MUST BE FIRST PLACED IN SERVICE. (a) In General.--Subparagraph (B) of section 47(c)(1) of the Internal Revenue Code of 1986 (relating to the date by which building must be first placed in service) is amended-- (1) by striking ``Building must be first placed in service before 1936'' and inserting ``Date by which building must first be placed in service'', and (2) by striking ``before 1936'' at the end of the subparagraph and inserting ``no less than 50 years prior to the year in which qualified rehabilitation expenditures are taken into account under subsection (b)(1)''. (b) Effective Date.--The amendments made by section shall apply to property placed in service after the date of the enactment of this Act. SEC. 7. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY. (a) In General.--Clause (I) of section 47(c)(2)(B)(v) of the Internal Revenue Code of 1986 (relating to tax-exempt use property) is amended by striking the period at the end and inserting ``(1)(B)(ii)(IV), except that for purposes of this clause, `50 percent' shall be substituted for `35 percent' in applying section 168(h)(1)(B)(iii))''. (b) Effective Date.--The amendments made by section shall apply to property placed in service after the date of the enactment of this Act. SEC. 8. INCREASE IN REHABILITATION CREDIT FOR BUILDINGS IN HIGH COST AREAS. (a) In General.--Paragraph (2) of subsection 47(c) of the Internal Revenue Code of 1986 (relating to the definition of qualified rehabilitation expenditures) is amended by adding at the end the following new subparagraph: ``(E) Increase in credit for buildings in high cost areas.-- ``(i) In general.--In the case of any qualified rehabilitated building located in a qualified census tract or difficult development area which is designated for purposes of this subparagraph, the qualified rehabilitation expenditures for purposes of this section shall be 130 percent of such expenditures determined without regard to this subparagraph. ``(ii) Rules.--For purposes of clause (i), rules similar to the rules of section 42(d)(5)(C) (excluding clause (i) thereof) shall be applied.''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.", "summary": "Community Restoration and Revitalization Act of 2004 - Amends the Internal Revenue Code to: (1) allow an increased rehabilitation tax credit for certain low-income buildings; (2) allow a basis reduction adjustment for property eligible for the credit; (3) increase the credit for certain smaller buildings; (4) allow property eligible for the credit to be used for lodging purposes; (5) modify placed-in-service rules for credit property; (6) modify qualification rules for credit property that is tax-exempt use property; and (7) increase the credit for buildings in high cost areas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Golden Spike/Crossroads of the West National Heritage Area Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the industrial, cultural, and natural heritage legacies of linking the United States by rail in northern Utah at the Crossroads of the West are nationally significant; (2) in the areas of northern Utah (including and in proximity to Ogden, Utah), linking the United States by rail at the Crossroads of the West helped establish and expand the industrial power of the United States; (3) the economic strength of the United States is connected integrally to the vitality of the intercontinental railways, which employ millions of workers; (4) the industrial and cultural heritage of the intercontinental railways at the Crossroads of the West includes social history and living cultural traditions of several generations; (5) the National Historic District in Ogden, Utah, is a prime example of the cultural heritage of the linking of the United States by rail at the Crossroads of the West; (6)(A) the Department of the Interior is responsible for protecting and interpreting the cultural and historic resources of the United States; and (B) there are significant examples of cultural and historic resources in Ogden, Utah, and northern Utah that merit the involvement of the Federal Government to develop programs and projects in cooperation with the city of Ogden, Utah, and other local and governmental bodies, to adequately conserve, protect, and interpret the heritage for the education and recreational benefit of people of the United States; (7) the city of Ogden, Utah, would be an appropriate entity to oversee the development of the Heritage Area; and (8) a 1993 National Park Service study, entitled ``Golden Spike Rail Feasibility Study'', demonstrated that sufficient historical resources exist to establish the Heritage Area. (b) Purposes.--The purposes of this Act are to establish the Golden Spike/Crossroads of the West National Heritage Area-- (1) to foster a close working relationship with all levels of government, the private sector, and the local communities in Utah; (2) to empower communities in Utah to conserve their Golden Spike heritage while strengthening future economic opportunities; and (3) to conserve, interpret, and develop the historical, cultural, natural, and recreational resources related to the industrial and cultural heritage of the Heritage Area. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of Ogden, Utah. (2) Heritage area.--The term ``Heritage Area'' means the Golden Spike/Crossroads of the West National Heritage Area established by section 4. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area required under section 6(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. GOLDEN SPIKE/CROSSROADS OF THE WEST NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State of Utah the Golden Spike/Crossroads of the West National Heritage Area. (b) Boundaries.--The boundaries of the Heritage Area-- (1) shall be those specified in the management plan approved under section 6; and (2) shall include land in Utah related to-- (A) Union Pacific Station in Ogden, Utah; and (B) 24th and 25th Street Historic District in Ogden, Utah. (c) Map.-- (1) Preparation.--The Secretary shall prepare a map of the Heritage Area. (2) Availability.--The map described in subparagraph (A) shall be on file and available for public inspection in the office of the Director of the National Park Service. (d) Administration.--The Heritage Area shall be administered in accordance with this Act. (e) Study.--The Secretary, in cooperation with the City, shall conduct a study to determine the feasibility of establishing a national heritage corridor from the City to Promontory Point. (f) Additions of Lands.--The Secretary may add land to the Heritage Area in response to a request from the City. SEC. 5. DESIGNATION OF CITY AS MANAGEMENT ENTITY. (a) In General.--The City shall be the management entity for the Heritage Area. (b) Federal Funding.-- (1) Authorization to receive funds.--Subject to paragraph (2), the City may receive amounts appropriated to carry out this Act. (2) Disqualification.--If a management plan for the Heritage Area is not submitted to the Secretary in accordance with section 6, the City shall cease to be authorized to receive Federal funding under this Act until the date on which a management plan is submitted to the Secretary. (c) Authorities of City.--The City may, for purposes of preparing and implementing the management plan, use Federal funds made available under this Act-- (1) to make grants and loans to the State of Utah (including political subdivisions), nonprofit organizations, and other persons; (2) to enter into cooperative agreements with or provide technical assistance to Federal agencies, the State of Utah (including political subdivisions), nonprofit organizations, and other persons; (3) to hire and compensate staff; (4) to obtain money from any source under any program or law requiring the recipient of the money to make a contribution in order to receive the money; (5) to contract for goods and services; and (6) for such other activities as are necessary to carry out the duties of the City under this Act. (d) Prohibition of Acquisition of Real Property.--The City shall not use Federal funds received under this Act to acquire real property or any interest in real property. SEC. 6. MANAGEMENT DUTIES OF THE CITY. (a) Heritage Area Management Plan.-- (1) Submission for review by secretary.--Not later than 3 years after the date of enactment of this Act, the City shall submit to the Secretary a management plan for the Heritage Area. (2) Plan requirements, generally.--A management plan submitted under this section shall-- (A) present comprehensive recommendations for the conservation, funding, management, and development of the Heritage Area; (B) be prepared with public participation; (C) take into consideration existing Federal, State, county, and local plans; (D) involve residents, public agencies, and private organizations in the management of the Heritage Area; (E) include a description of recommended actions that units of government and private organizations should take to protect the resources of the Heritage Area; and (F) specify existing and potential sources of Federal and non-Federal funding for the conservation, management, and development of the Heritage Area. (3) Additional plan requirements.--The management plan shall include, as appropriate, the following: (A) An inventory of resources contained in the Heritage Area that-- (i) shall include a list of property in the Heritage Area that should be conserved, restored, managed, developed, or maintained because of the natural, cultural, or historic significance of the property as it relates to the themes of the Heritage Area; and (ii) shall not include property that is privately owned, unless the owner of the property consents in writing to the inclusion. (B) Recommendations for the interpretation of the Heritage Area, including recommendations for the development of intergovernmental cooperative agreements to manage the historical, cultural, and natural resources and recreational opportunities of the Heritage Area in a manner that maintains appropriate and compatible economic viability. (C) A program for implementation of the management plan, including-- (i) plans for restoration and construction; and (ii) a description of any commitments that have been made by persons interested in management of the Heritage Area. (D) An analysis of the means by which Federal, State, and local programs may best be coordinated to promote the purposes of this Act. (E) An interpretive plan for the Heritage Area. (4) Approval and disapproval of the management plan.-- (A) In general.--Not later than 180 days after submission of the management plan by the City, the Secretary shall approve or disapprove the plan. (B) No action on plan.--If the Secretary does not approve or disapprove the plan in accordance with subsection (A), the plan shall be considered approved. (C) Disapproval.--If the Secretary disapproves the plan under subparagraph (A), the Secretary shall, in writing-- (i) advise the City of the reasons for the disapproval; and (ii) make recommendations to the City for the revision of the plan. (D) Proposed revisions to plan.--Not later than 60 days after receipt from the City of proposed revisions to the plan, the Secretary shall approve or disapprove the proposed revisions. (E) No action on proposed revisions.--If the Secretary does not approve or disapprove the proposed revisions to the plan in accordance with subparagraph (D), the plan and proposed revisions shall be considered approved. (b) Priorities.--The City shall give priority to the implementation of actions, goals, and policies set forth in the management plan for the Heritage Area, including-- (1) the conservation of the Heritage Area; (2) the establishment and maintenance of interpretive exhibits in the Heritage Area; (3) the development of recreational opportunities in the Heritage Area; (4) the increase in public awareness of and appreciation for the natural, historical, and cultural resources of the Heritage Area; (5) the restoration of historic buildings that are located within the boundaries of the Heritage Area and related to the theme of the Heritage Area; (6) the placement of clear, consistent, and environmentally appropriate signs identifying access points and sites of interest throughout the Heritage Area; and (7) the encouragement of economic viability in the affected communities by appropriate means, in accordance with the goals of the management plan. (c) Consideration of Interests of Local Groups.--The City shall, in preparing and implementing the management plan, consider the interests of diverse units of government, businesses, private property owners, and nonprofit groups in the Heritage Area. (d) Public Meetings.--The City shall conduct public meetings at least annually regarding the implementation of the management plan. (e) Annual Reports.--The City shall, for each fiscal year in which the City receives Federal funds under this Act, submit to the Secretary an annual report that describes-- (1) the accomplishments of the City; (2) the expenses and income of the City; and (3) each entity to which the City made a loan or grant during the year. (f) Cooperation With Audits.--The City shall, for any fiscal year in which the City receives Federal funds under this Act, make available for audit by Congress, the Secretary, and appropriate units of government-- (1) all records and other information pertaining to the expenditures of Federal funds by other organizations that the receiving organizations make available for audit; and (2) all records and other information pertaining to the expenditure of Federal funds. (g) Delegations.-- (1) In general.--The City may delegate the responsibilities and actions under this section for each area or district identified in section 4(b)(2). (2) Review and approval.--All responsibilities and actions delegated under paragraph (1) shall be subject to review and approval by the City. SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Technical Assistance and Grants.-- (1) In general.--The Secretary may provide technical assistance and, subject to the availability of appropriations, grants, to assist in implementation of the management plan, to-- (A) the City; and (B) on request of the City, units of government, nonprofit organizations, and other persons. (2) Prohibition of certain requirements.--The Secretary shall not, as a condition of the award of technical assistance or grants under this section, require any recipient of the technical assistance or grant to enact or modify land use restrictions. (3) Determinations regarding assistance.-- (A) In general.--The Secretary shall determine whether, and in what amount, technical assistance or a grant shall be awarded under paragraph (1), giving preference to projects that provide a greater leverage of Federal funds. (B) Criteria for determination.--A determination under subparagraph (A) shall be based on the relative degree to which the technical assistance or grant effectively-- (i) fulfills the objectives contained in the management plan; and (ii) achieves the purposes of this Act. (b) Provision of Information.--In cooperation with other Federal agencies, the Secretary shall provide the general public with information regarding the location and character of the Heritage Area. (c) Other Assistance.--The Secretary may enter into cooperative agreements with public and private organizations for the purposes of implementing this section. (d) Duties of Other Federal Agencies.--Any Federal entity conducting any activity directly affecting the Heritage Area shall-- (1) consider the potential effect of the activity on the management plan; and (2) consult with the City with respect to the activity to minimize the adverse effects of the activity on the Heritage Area. SEC. 8. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY. (a) Lack or Effect on Authority of Local Government.--Nothing in this Act modifies or otherwise affects any authority of Federal, State, or local governments to regulate any use of land under any other law (including a regulation). (b) Lack of Zoning or Land Use Powers.--Nothing in this Act grants powers of zoning or land use control to the City. (c) Local Authority and Private Property Not Affected.--Nothing in this Act affects or authorizes the City to interfere with-- (1) the rights of any person with respect to private property; or (2) any local zoning ordinance or land use plan of the State of Utah (including a political subdivision). SEC. 9. SUNSET. The Secretary shall not make a grant or provide any assistance under this Act after September 30, 2016. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $1,000,000 for each fiscal year, except that the total amount authorized to be appropriated to carry out this Act shall not exceed $10,000,000. (b) 50 Percent Match.--Federal funding provided under this Act may not exceed 50 percent of the total cost of any activity carried out with Federal funds.", "summary": "Directs the Secretary of the Interior to study the feasibility of establishing a National Heritage Corridor from the city of Ogden to Promontory Point. Authorizes the Secretary to add to Area lands upon request from the city. Designates the city as the Area's management entity. Requires an Area management plan to be submitted by the city to the Secretary within three years after enactment of this Act. Outlines plan requirements, approval and disapproval procedures, and priorities. Requires the city, in preparing and implementing the management plan, to consider the interests of diverse units of government, businesses, private property owners, and nonprofit groups within the Area. Requires public meetings and annual reports. Authorizes the Secretary to provide technical assistance and grants to the city and the above entities for plan development and implementation. Prohibits the Secretary from making any grants or providing any assistance after September 30, 2016. Authorizes appropriations, with a $10 million total limit for establishing the Area. Prohibits Federal funding from exceeding 50 percent of the cost of any activities carried out under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Quality Commitment Award Act of 1993''. SEC. 2. PURPOSE. It is the purpose of this Act to provide for the establishment and conduct of a national commitment to quality award program under which awards are given to institutions of higher education that-- (1) teach effective total quality management; (2) reorient their education programs to emphasize the value and prestige of pursuing careers in process manufacturing engineering; (3) apply total quality management to the operations of their institution of higher education; and (4) apply total quality management in their joint research and development contracts with private industry. SEC. 3. AWARD PROGRAM. The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at the end the following new section: ``SEC. 22. NATIONAL COMMITMENT TO QUALITY AWARD PROGRAM. ``(a) Program Established.-- ``(1) In general.--The Secretary shall carry out an award program to be known as the National Commitment to Quality Award Program. ``(2) Contents.--In carrying out the award program described in paragraph (1), the Secretary-- ``(A) shall conduct a competition and make monetary awards in accordance with subsection (b)(1); ``(B) may make special awards in accordance with subsection (b)(2); and ``(C) shall provide each recipient of such a monetary or special award with a medal described in paragraph (3). ``(3) Medal.--Each recipient of an award under this section shall receive a medal bearing the inscriptions `National Commitment to Quality Award' and `The Quest for Excellence'. The medal shall be of such design and materials and bear such additional inscriptions as the Secretary may prescribe. ``(4) Designation.--Awards under this section shall be known as National Commitment to Quality Awards. ``(b) Awards.-- ``(1) Competition for monetary awards.--(A) From amounts appropriated pursuant to the authority of subsection (j), the Secretary shall periodically conduct a competition and make at least 3 monetary awards to institutions of higher education in accordance with the provisions of this section. ``(B) The monetary awards described in subparagraph (A) shall be in an amount equal to-- ``(i) $3,000,000 for the institution of higher education receiving first place in the competition described in subparagraph (A); ``(ii) $2,000,000 for the institution receiving second place in such competition; ``(iii) $1,000,000 for the institution receiving third place in such competition; and ``(iv) not more than $1,000,000 for any other such institution receiving an award pursuant to such competition. ``(2) Specialized awards.--(A) From amounts appropriated pursuant to the authority of subsection (j), the Secretary may award to any institution of higher education that excels in teaching or practicing either total quality management or process manufacturing engineering services productivity improvement a specialized award. ``(B) The specialized award described in subparagraph (A) shall be in an amount which is not more than $500,000. ``(3) Application fee prohibited.--The Secretary shall not charge an institution of higher education a fee in order to apply for or receive an award under this section. ``(c) Making and Presentation of Awards.-- ``(1) In general.--The President (on the basis of recommendations received from the Secretary), or the Secretary, shall periodically make awards to institutions of higher education which in the judgment of the President or the Secretary have substantially benefited the economic and social well being of the United States through activities that-- ``(A) teach effective total quality management techniques and approaches; ``(B) demonstrate continuous improvement in the institution's total quality management curriculum; ``(C) emphasize the value and prestige of pursuing careers in process manufacturing engineering; ``(D) demonstrate continuous improvement in the institution's education program through application of total quality management principles within the institution; and ``(E) demonstrate commitment and application of total quality management principles in joint research relationships that the institution maintains with private industry. ``(2) Presentation ceremony.--The presentation of the awards under this section shall be made by the President or the Secretary with such ceremonies as the President or the Secretary may deem proper. ``(3) Publication and ineligibility.--An institution of higher education to which an award is made under this section, and which agrees to help other institutions of higher education improve their total quality management curriculum may publicize its receipt of such award, but such institution shall be ineligible to receive another such award for a period of 5 years. ``(4) Use of award.--An institution of higher education receiving an award under this section shall use the proceeds of such award to further improve the total quality management and process manufacturing engineering curriculum of such institution. ``(d) Award Criteria.-- ``(1) In general.--Awards under this section shall be made to qualifying institutions of higher education that place an emphasis on-- ``(A) total quality management, including-- ``(i) leadership in teaching how to create a quality culture; ``(ii) leadership in teaching information and analysis such as statistical process contracts for quality improvement; ``(iii) the effectiveness of the institution's quality improvement program to teach integration of quality requirements into businesses' plans; ``(iv) the success of the institution's efforts to teach students how to realize the full potential of the work force for quality; ``(v) teaching quality awareness; ``(vi) emphasis on customer satisfaction; ``(vii) leadership in teaching how to integrate the total quality management philosophy; and ``(viii) demonstrated success in teaching students how to instill the full potential total quality management philosophy in the work force; ``(B) the importance of process manufacturing, including-- ``(i) leadership in teaching a better understanding of market forces and industry needs, industrial processes, and manufacturing and quality practices that are driven by market pull, not science push; ``(ii) leadership in developing and teaching a more accelerated approach to research, development, and manufacturing in order to teach students how to move products more quickly from the basic research phase to the commercialization phase with an emphasis on teamwork; ``(iii) leadership in teaching better integration of design and production, including teaching students how to design with manufacturability in mind, and to focus on cost-effectiveness, quality reliability, simplicity, flexibility, and modularity; and ``(iv) leadership in teaching students to give greater consideration to potential commercial applications in the planning and conduct of research and development through input from potential users, and closer working relationship between the national research laboratories, industry, and universities. ``(e) Criteria for Qualification.-- ``(1) In general.--(A) An institution of higher education may qualify for an award under this section only if such institution-- ``(i) applies to the Secretary in writing, for the award; ``(ii) permits a rigorous evaluation in accordance with subparagraphs (B) and (C) of the success of the institution's curriculum for total quality management and process manufacturing engineering; and ``(iii) meets such requirements and specifications as the Secretary, after receiving recommendations from the board of overseers, determines to be appropriate to achieve the purposes of this section. ``(B) In carrying out the provisions of clause (ii) of subparagraph (A), the Secretary shall develop evaluation criteria and procedures. ``(C) In applying the provisions of clause (iii) of subparagraph (A) with respect to any institution of higher education, the Secretary shall rely upon intensive evaluation by the board of overseers which shall-- ``(i) review the information submitted by the institution of higher education, and through a site visit verify the achievements of-- ``(I) the total quality management curriculum and process manufacturing engineering programs of such institution; and ``(II) such institution in practicing total quality management; ``(ii) encompass all aspects of the institution of higher education's total quality management and process manufacturing engineering program, as well as such institution's future goals for its total quality management and process manufacturing engineering curriculum; and ``(iii) include an analysis of whether the institution of higher education in practicing or applying total quality management to its relationships with industry and in its day-to-day administration of the institution. ``(2) Contractual arrangements.--The Secretary may, under appropriate contractual arrangements, carry out the Secretary's responsibilities under subparagraphs (A) and (B) of paragraph (1) through one or more broadbased nonprofit entities which are leaders in the field of quality improvement programs and which have a history of service to society. ``(3) Responsibilities of the board of overseers.--The board of overseers shall meet annually to review the work of the Secretary or the contractor and make such suggestions for the improvement of the award process as such board deems necessary. The board of overseers shall report the results of the award activities to the Secretary each fiscal year, along with its recommendations for improvement of the award process. ``(f) Information and Evaluation.--The Secretary shall ensure that each applicant for an award under this section receives the complete results of the evaluation of such institution conducted pursuant to subsection (e)(1)(ii) as well as detailed explanations of all suggestions for improvements. The Secretary shall also provide information about the awards and successful total quality management and process manufacturing engineering curriculum of the award-winning institutions of higher education to each applicant for an award under this section and other appropriate groups. ``(g) Funding.--The Secretary is authorized to seek and accept gifts and donations of property or services from public and private sources to carry out the award program assisted under this section. ``(h) Report.--The Secretary shall prepare and submit to the President and the Congress, within 3 years after the date of the enactment of this section, a report on the progress, findings, and conclusions of activities conducted pursuant to this section along with a recommendation for possible modifications thereof. ``(i) Definitions.--For the purpose of this section-- ``(1) the term `board of overseers' means the board of overseers established pursuant to section 17(d)(2)(B) of this Act for the year in which the determination is made; ``(2) the term `manufacturing process technology' means engineering training which specializes in understanding and implementing a manufacturing process under which a high quality product is produced in a timely fashion, including simulative engineering and the skills necessary for rapid representative prototyping; ``(3) the term `Secretary' means the Secretary of Commerce; and ``(4) the term `total quality management' means a management approach which includes-- ``(A) systems thinking; and ``(B) statistical proces control, theories of human behavior, leadership, and planning that is quality- driven, customer-oriented, and committed to teamwork. ``(j) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out this section.''.", "summary": "National Quality Commitment Award Act of 1993 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish the National Commitment to Quality Award Program involving the awarding of a medal and at least three monetary competitive awards to institutions of higher education. Authorizes specialized monetary awards to any institution of higher education that excels in teaching or practicing either total quality management (TQM) or process manufacturing engineering services productivity improvement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Opportunity Tax Credit Extension Act of 2010''. SEC. 2. INCREASES IN HOPE SCHOLARSHIP CREDIT MADE PERMANENT. (a) In General.--Subparagraphs (A) and (B) of section 25A(b)(1) of the Internal Revenue Code of 1986 (relating to Hope Scholarship Credit) are amended to read as follows: ``(A) 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $2,000, plus ``(B) 25 percent of such expenses so paid as exceeds $2,000 but does not exceed the applicable limit.''. (b) Credit Allowed for First 4 Years of Post-Secondary Education.-- Subparagraphs (A) and (C) of section 25A(b)(2) of such Code are amended by striking ``2'' each place it appears and inserting ``4''. (c) Qualified Tuition and Related Expenses To Include Required Course Materials.--Subparagraph (A) of section 25A(f)(1) of such Code is amended by striking ``and fees'' and inserting ``, fees, and course materials''. (d) Increase in AGI Limits.-- (1) In general.--Paragraph (2) of section 25A(d) of such Code is amended to read as follows: ``(2) Amount of reduction.-- ``(A) Hope scholarship credit.--In the case of the Hope Scholarship Credit, the amount determined under this paragraph is the amount which bears the same ratio to the credit which would be determined under subsection (a)(1) (without regard to this subsection) as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $80,000 ($160,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(B) Lifetime learning credit.--In the case of the Lifetime Learning Credit, the amount determined under this paragraph is the amount which bears the same ratio to the credit which would be determined under subsection (a)(2) (without regard to this subsection) as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $40,000 ($80,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return).''. (2) Conforming amendments to inflation adjustments.-- (A) Amount of credit.--Subparagraph (A) of section 25A(h)(1) of such Code is amended-- (i) by striking ``2001'' and inserting ``2010'', (ii) by striking ``calendar year 2000'' and inserting ``calendar year 2009'', and (iii) by striking ``$1,000'' and inserting ``$2,000''. (B) Income limits.-- (i) Paragraph (2) of section 25A(h) of such Code is amended by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively, and by inserting before subparagraph (B) (as so redesignated) the following new subparagraph: ``(A) Hope scholarship credit.--In the case of a taxable year beginning after 2010, the $80,000 and $160,000 amounts in subsection (d)(2)(A) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof.''. (ii) Subparagraph (B) of section 25A(h)(2) of such Code, as redesignated by clause (i), is amended-- (I) by striking ``In General'' in the heading and inserting ``Lifetime Learning Credit'', and (II) by striking ``subsection (d)(2)'' and inserting ``subsection (d)(2)(B)''. (C) Rounding.--Subparagraph (C) of section 25A(h)(2) of such Code, as redesignated by subparagraph (B)(i), is amended by inserting ``or (B)'' after ``subparagraph (A)''. (e) Credit Allowed Against Minimum Tax, Etc.-- (1) In general.--Subsection (i) of section 25A of such Code is amended by striking paragraphs (1), (2), (3), (4), and (7) and by redesignating paragraphs (5) and (6) as paragraphs (1) and (2), respectively. (2) Paragraph (2) of section 25A(i) of such Code, as redesignated by paragraph (1), is amended-- (A) by striking ``paragraph (4)'' and inserting ``subsection (d)'', and (B) by striking ``paragraph (5)'' and inserting ``paragraph (1)''. (3) The heading for such subsection (i) is amended to read as follows: ``(i) Hope Scholarship Credit Allowed Against Minimum Tax; Portion of Credit Made Refundable.--''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.", "summary": "American Opportunity Tax Credit Extension Act of 2010 - Amends the Internal Revenue Code, with respect to the Hope Scholarship tax credit, to: (1) make permanent increases in the amount of such tax credit; (2) allow such credit for the first four years of post-secondary education (currently, first two years); (3) include course materials in the definition of qualified tuition and related expenses for purposes of such credit; (4) increase adjusted gross income levels for purposes of determining eligibility for such credit and the lifetime learning tax credit; and (5) allow such credit as an offset against the alternative minimum tax (AMT)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Nondiscrimination in Travel and Immigration Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Under Federal immigration law, prospective immigrants, foreign students, refugees, and tourists who are infected with the Human Immunodeficiency Virus (HIV) are prohibited from entering the United States. Applicants for permanent residence and refugee status are required to be tested for HIV infection. (2) Applicants for temporary admission as nonimmigrants, such as tourists and foreign students, are required to disclose their HIV status when applying for a visa. If questioned, such applicants may be required to undergo an HIV test. (3) The Secretary of Homeland Security may issue a waiver to the HIV prohibition, on a case-by-case basis, only to any HIV-positive individual who-- (A)(i) applies for permanent admission as an immigrant; (ii) is the parent, spouse, unmarried son or daughter, or minor adopted child of a United States citizen or a permanent resident, or a refugee or asylee adjusting to immigrant status; and (iii) can establish that-- (I) the danger to the public health of the United States created by the applicant's admission would be minimal; (II) the possibility of the spread of the infection created by the applicant's admission would be minimal; and (III) there would be no cost incurred by any level of government agency of the United States without the prior consent of that agency; (B)(i) applies for admission as a refugee; (ii) is eligible for admission for humanitarian purposes or to assure family unity, or whose admission is otherwise in the public interest; and (iii) meets the requirements described in subclauses (I) and (II) of subparagraph (A)(iii); or (C) applies for a short-term nonimmigrant visa, including-- (i) a tourist who meets the requirements described in subclauses (I) through (III) of subparagraph (A)(iii) and intends to remain in the United States for less than 30 days; and (ii) a participant in a designated event, such as a conference or international sporting event and intends to remain in the United States for less than 10 days. (4) The travel and immigration ban on HIV-positive individuals-- (A) was implemented in 1987 by regulations issued through the Public Health Service of the Department of Health and Human Services; and (B) requires HIV screening for all persons over 14 years of age who apply for an immigrant or nonimmigrant visa. (5) Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(A)(i)) authorizes the Secretary of Health and Human Services to prescribe regulations to determine which diseases are considered ``communicable diseases of public health significance'' that would exclude noncitizens with such diseases from entering the United States. (6) In 1991, the Secretary of Health and Human Services, after conducting a public health analysis, proposed ending the HIV travel and immigration ban by removing HIV from the list of communicable diseases of public health significance. The proposal was eventually dropped due to opposition from the Congress. (7) In 1993, Congress revoked the authority of the Secretary of Health and Human Services to make a public health determination regarding HIV status as grounds for inadmissibility for potential foreign students, tourists, refugees, and immigrants to the United States by specifically designating ``infection with the etiologic agent for acquired immune deficiency syndrome'' as a communicable disease of public health significance under section 212(a)(1)(A)(i) of the Immigration and Nationality Act. (8) The United States is 1 of 13 countries with a law that bans travel and immigration for persons with HIV. The other countries are Armenia, Brunei, China, Iraq, Qatar, South Korea, Libya, Moldova, Oman, the Russian Federation, Saudi Arabia, and Sudan. (9) The HIV travel and immigration ban impacts thousands of prospective HIV-positive foreign students, tourists, refugees and immigrants who may be denied entry into the United States due solely to their HIV status. (10) The HIV travel and immigration ban may discourage some foreign students, refugees, and nonpermanent residents who are in the United States and who may be at risk of infection from seeking testing, treatment, or care for HIV/AIDS. (11) The United Nations, the Joint United Nations Programme on HIV/AIDS (UNAIDS), and the World Health Organization oppose any restrictions on travel and immigration for people living with HIV/AIDS. The 2006 Consolidated Version of the United Nation's International Guidelines on HIV/AIDS and Human Rights, produced jointly by the Office of the United Nations High Commissioner for Human Rights and UNAIDS, states ``There is no public health rationale for restricting liberty of movement or choice of residence on the grounds of HIV status. According to current international health regulations, the only disease which requires a certificate for international travel is yellow fever. Therefore, any restrictions on these rights based on suspected or real HIV status alone, including HIV screening of international travellers, are discriminatory and cannot be justified by public health concerns. . . . Where States prohibit people living with HIV from longer-term residency due to concerns about economic costs, States should not single out HIV/AIDS, as opposed to comparable conditions, for such treatment and should establish that such costs would indeed be incurred in the case of the individual alien seeking residency. In considering entry applications, humanitarian concerns, such as family reunification and the need for asylum, should outweigh economic considerations.''. (12) On World AIDS Day, December 1, 2006, the President proposed streamlining the current waiver process for HIV- positive individuals seeking to enter the United States on short-term business or tourist visas for up to 60 days by granting them a categorical waiver. If implemented, the President's proposal would only affect the waiver process for short-term visitors, and would not affect HIV-positive individuals seeking permanent residence or nontourist visas. (13) There is no scientific evidence to support the claim that the HIV travel and immigration ban is an effective way to prevent the spread of HIV or that it provides any economic benefit by reducing costs to the public health care system. SEC. 3. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT. Section 212(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(A)) is amended-- (1) in clause (i), by striking ``which shall include infection with the etiologic agent for acquired immune deficiency syndrome,''; and (2) by striking ``is inadmissibility'' and inserting ``is inadmissible''. SEC. 4. REVIEW OF TRAVEL AND IMMIGRATION REGULATIONS REGARDING HIV. (a) Review.--Not later than 15 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, shall convene a panel of public health experts, including nongovernmental experts, to review all policies regarding HIV as a communicable disease of public health significance under section 212(a)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182 (a)(1)(A)(i)), including-- (1) the results of the last analysis of the policy conducted by the Public Health Service; and (2) a 60-day public comment period initiated after sufficient public notice in the Federal Register. (b) Report.--Not later than 90 days after initiating the review under subsection (a), the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, shall-- (1) make a determination regarding the continued listing of HIV as a communicable disease of public health significance under section 212(a)(1)(A)(i) of such Act; (2) submit a report to Congress containing the results of such review, including-- (A) the determination reached by the review process; (B) the rationale for the determination; (C) the anticipated public health impact of the determination in relation to other communicable diseases; (D) the estimated costs of implementing the determination; (E) the names and affiliations of members of the review panel; and (F) a brief summary of the public comments; and (3) make the report described in paragraph (2) available to the public.", "summary": "HIV Nondiscrimination in Travel and Immigration Act of 2007 - Amends the Immigration and Nationality Act to eliminate the human immunodeficiency virus (HIV) bar to U.S. admission. Directs the Secretary of Health and Human Services to: (1) convene a panel of public health experts to review immigration policies regarding HIV as a communicable disease of public health significance (and thus a health-related ground for inadmissibility); and (2) make a determination and report to Congress regarding the continued listing of HIV as a health-related ground for inadmissibility."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Kissimmee River Wild and Scenic River Study Act of 2018''. SEC. 2. FINDINGS. Congress finds the following: (1) The Kissimmee River has undergone, over the course of two decades, the largest river restoration effort in the world. (2) Extending approximately 105 miles from Orlando to Lake Okeechobee, the Kissimmee River forms the headwaters of Lake Okeechobee and the Everglades and serves as a vital component of ecosystem restoration in South Florida as a whole. (3) The Kissimmee River Restoration Project has significantly improved approximately 63,000 acres of wetlands within the Kissimmee River watershed and reestablished an environment suitable for fish, wildlife, and the wetland plants that existed prior to the Kissimmee River's channelization in the 1960s. (4) The Kissimmee River Restoration Project is expected to be completed in 2020, at which point it is expected to reestablish historic hydrologic conditions, recreate historic river and floodplain connectivity, recreate the historic mosaic of wetland plant communities, and restore historic biological diversity and functionality. (5) After decades of restoration efforts and the expenditure of nearly a billion dollars, upon completion of the Kissimmee River Restoration Project, a study should be conducted to determine the eligibility of including the fully restored Kissimmee River into the National Wild and Scenic River program to preserve the fully restored free-flowing condition and immediate environment of the river for the benefit and enjoyment of present and future generations. (6) Inclusion of the Kissimmee River into the National Wild and Scenic River program would be a fitting tribute to the hard work of the Army Corps of Engineers and the South Florida Water Management District's restoration work. SEC. 3. DESIGNATION FOR STUDY. (a) Designation for Potential Addition.--Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Kissimmee river, florida.--The segment from the southern shore of Lake Kissimmee to its confluence with Lake Okeechobee.''. (b) Study.--Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Kissimmee river, florida.-- ``(A) In general.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall complete a study of the Kissimmee River, as described in subsection (a)(__), and submit a report describing the results of such study to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. ``(B) Report requirements.--The report required under subparagraph (A) shall-- ``(i) include a discussion of the effect of the designation of the segment to be studied under subsection (a)(__) on-- ``(I) existing commercial and recreational activities, such as cattle ranching, dairy production, hunting, fishing, trapping, recreational shooting, motor boat use, or bridge construction; ``(II) the authorization, construction, operation, maintenance, or improvement of energy production and transmission infrastructure; ``(III) military operations; and ``(IV) the authority of State and local governments to manage the activities described in subclauses (I) and (II); and ``(ii) identify-- ``(I) all authorities that will authorize or require the Secretary of the Interior to influence local land use decisions (such as zoning) or place restrictions on non-Federal land if the area studied under subsection (a)(__) is designated under the Wild and Scenic Rivers Act; ``(II) all authorities that the Secretary of the Interior may use to condemn property if the area studied under subsection (a)(__) is designated under the Wild and Scenic Rivers Act; and ``(III) all private property located in the area to be studied under subsection (a)(__). ``(C) Noninterference.--This study shall not interfere with the Kissimmee River Restoration Project authorized under section 101(8) of the Water Resources Development Act of 1992 (Public Law 102-580).''. (c) No Negative Impact.--Nothing authorized by this Act may negatively impact agricultural production in the Kissimmee River basin. (d) No Effect on Management.--This Act and the amendments made by this Act shall not interfere with the current management of the area of the Kissimmee River described in section 5(a)(__) of the Wild and Scenic Rivers Act, nor shall the fact that such area is listed for study under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) be used as justification for more restrictive management, such as wilderness or as a category of wild and scenic river, until Congress acts on the study recommendations. Passed the House of Representatives April 16, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Kissimmee River Wild and Scenic River Study Act of 2017 This bill amends the Wild and Scenic Rivers Act to designate the segment of the Kissimmee River in Florida from the southern shore of Lake Kissimmee to its confluence with Lake Okeechobee for potential addition to the National Wild and Scenic Rivers System. The Department of the Interior shall complete a study of such river segment. The study shall not interfere with the Kissimmee River Restoration Project authorized under the Water Resources Development Act of 1992."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Company Capital Formation Act of 2011''. SEC. 2. AUTHORITY TO EXEMPT CERTAIN SECURITIES. (a) In General.--Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is amended-- (1) by striking ``(b) The Commission'' and inserting the following: ``(b) Additional Exemptions.-- ``(1) Small issues exemptive authority.--The Commission''; and (2) by adding at the end the following: ``(2) Additional issues.--The Commission shall by rule or regulation add a class of securities to the securities exempted pursuant to this section in accordance with the following terms and conditions: ``(A) The aggregate offering amount of all securities offered and sold within the prior 12-month period in reliance on the exemption added in accordance with this paragraph shall not exceed $50,000,000. ``(B) The securities may be offered and sold publicly. ``(C) The securities shall not be restricted securities within the meaning of the Federal securities laws and the regulations promulgated thereunder. ``(D) The civil liability provision in section 12(a)(2) shall apply to any person offering or selling such securities. ``(E) The issuer may solicit interest in the offering prior to filing any offering statement, on such terms and conditions as the Commission may prescribe in the public interest or for the protection of investors. ``(F) The Commission shall require the issuer to file audited financial statements with the Commission annually. ``(G) Such other terms, conditions, or requirements as the Commission may determine necessary in the public interest and for the protection of investors, which may include-- ``(i) a requirement that the issuer prepare and electronically file with the Commission and distribute to prospective investors an offering statement, and any related documents, in such form and with such content as prescribed by the Commission, including audited financial statements and a description of the issuer's business operations, its financial condition, its corporate governance principles, its use of investor funds, and other appropriate matters; and ``(ii) disqualification provisions under which the exemption shall not be available to the issuer or its predecessors, affiliates, officers, directors, underwriters, or other related persons, which shall be substantially similar to the disqualification provisions contained in the regulations adopted in accordance with section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 77d note). ``(3) Limitation.--Only the following types of securities may be exempted under a rule or regulation adopted pursuant to paragraph (2): equity securities, debt securities, and debt securities convertible or exchangeable to equity interests, including any guarantees of such securities. ``(4) Periodic disclosures.--Upon such terms and conditions as the Commission determines necessary in the public interest and for the protection of investors, the Commission by rule or regulation may require an issuer of a class of securities exempted under paragraph (2) to make available to investors and file with the Commission periodic disclosures regarding the issuer, its business operations, its financial condition, its corporate governance principles, its use of investor funds, and other appropriate matters, and also may provide for the suspension and termination of such a requirement with respect to that issuer. ``(5) Adjustment.--Not later than 2 years after the date of enactment of the Small Company Capital Formation Act of 2011 and every 2 years thereafter, the Commission shall review the offering amount limitation described in paragraph (2)(A) and shall increase such amount as the Commission determines appropriate. If the Commission determines not to increase such amount, it shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on its reasons for not increasing the amount.''. (b) Treatment as Covered Securities for Purposes of NSMIA.--Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended-- (1) in subparagraph (C), by striking ``; or'' at the end and inserting a semicolon; and (2) by redesignating subparagraph (D) as subparagraph (E), and inserting after subparagraph (C) the following: ``(D) a rule or regulation adopted pursuant to section 3(b)(2) and such security is-- ``(i) offered or sold on a national securities exchange; or ``(ii) offered or sold to a qualified purchaser as defined by the Commission pursuant to paragraph (3) with respect to that purchase or sale.''. (c) Conforming Amendment.--Section 4(5) of the Securities Act of 1933 is amended by striking ``section 3(b)'' and inserting ``section 3(b)(1)''. SEC. 3. STUDY ON THE IMPACT OF STATE BLUE SKY LAWS ON REGULATION A OFFERINGS. Not later than 3 months after the date of enactment of this Act, the Comptroller General shall-- (1) conduct a study on the impact of State laws regulating securities offerings (commonly referred to as ``Blue Sky laws'') on offerings made under Regulation A (17 C.F.R. 230.251 et seq.); and (2) transmit a report on the findings of the study to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.", "summary": "Small Company Capital Formation Act of 2011 - Amends the Securities Act of 1933 to direct the Securities and Exchange Commission (SEC) to exempt from its regulation a class of securities for which the aggregate offering amount of all securities offered and sold within the prior 12-month period in reliance on such exemption is between $5 million and $50 million, subject to specified terms and conditions. Limits such an exemption to equity securities, debt securities, and debt securities convertible or exchangeable to equity interests, including any guarantees of such securities. Authorizes the SEC to: (1) require an issuer of such exempted class of securities to make periodic disclosures available to investors regarding the issuer, its business operations, its financial condition, and its use of investor funds; and (2) provide for the suspension and termination of such a requirement with respect to that issuer. Requires the SEC to: (1) review and increase biennially such offering amount limitation, as appropriate; and (2) report to certain congressional committees on its reasons for not increasing the amount if it determines not to do so. Treats as a covered security with respect to a transaction exempt from registration requirements pursuant to a rule or regulation adopted under this Act any such security offered or sold: (1) on a national securities exchange, or (2) to a qualified purchaser. Directs the Comptroller General to study the impact of state laws regulating securities offerings (Blue Sky laws) on offerings made under Regulation A (which specifies the terms and conditions of exemption from the registration requirements of the Securities Act of 1933)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran and Hizballah Western Hemisphere Prevention Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) On June 26, 2017, Ali Issa Chamas, a dual Paraguayan- Lebanese national reportedly with ties to Hizballah, was indicted by a Miami Federal grand jury for drug trafficking after being arrested in the Tri-Border Area of Argentina, Paraguay, and Brazil for allegedly trying to smuggle cocaine to the United States. (2) On June 8, 2017, the Department of Justice announced the arrest of Ali Kourani and Samer El Debek for attempting to provide support to Hizballah, including in Panama, which involved locating the United States and Israeli Embassies and casing security procedures at the Panama Canal. (3) In April 2017, Commander, United States Southern Command, Admiral Kurt Tidd testified to Congress that ``as a continuing state sponsor of terrorism, Iranian involvement in the Western Hemisphere is always a matter of concern [and] with the easing of economic sanctions, Iran may be seeking to rebuild its relationships in the region''. (4) In February 2017, the United States imposed sanctions on Venezuelan Vice President Tareck El Aissami, designating him as a drug kingpin for facilitating narcotics to the United States. A subsequent CNN investigation linked El Aissami to ``173 Venezuelan passports and IDs that were issued to individuals from the Middle East, including people connected to the terrorist group Hezbollah''. (5) In September 2016, Iranian President Hassan Rouhani conducted his first visit to Latin America, visiting Venezuela and Cuba. In the same month, Iran's Foreign Minister Javad Zarif also visited Bolivia, Chile, Cuba, Ecuador, Mexico, Nicaragua, and Venezuela. (6) In February 2016, a Federal prosecutor in Argentina alleged that Special Prosecutor Alberto Nisman's death in January 2015 was a homicide. Nisman had previously published two reports documenting Iranian activities in several countries in the region and filed a judicial complaint against former Argentine President Cristina Fernandez de Kirchner for minimizing Iranian involvement in the 1994 terrorist attack against the Argentine-Israeli Mutual Association (AMIA) that killed 85 people. (7) In February 2016, the U.S. Drug Enforcement Administration (DEA) announced the disruption of a Hizballah network as part of DEA's ``Project Cassandra'', which affirmed that members of Hizballah's External Security Organization Business Affairs Component (BAC) had established business relationships with South American drug cartels, such as La Oficina de Envigado. (8) According to the Department of State's 2015 Country Report on Terrorism, Hezbollah maintains a presence in the Western Hemisphere ``with members, facilitators, and supporters engaging in activity in support of the organization'', which includes ``efforts to build Hezbollah's infrastructure in South America and fundraising, both through licit and illicit means''. (9) In 2015, former Commander, United States Southern Command, General Kelly testified to Congress that ``our limited intelligence capabilities make it difficult to fully assess the amount of terrorist financing generated in Latin America, or understand the scope of possible criminal-terrorist collaboration''. (10) In November 2014, Brazilian media published police reports that revealed that Hizballah helped a Brazilian prison gang, the First Capital Command (PCC), obtain weapons in exchange for the protection of prisoners of Lebanese origin tied to Hizballah. Those same reports also found that Lebanese traffickers tied to Hizballah helped sell C4 explosives that the PCC allegedly stole in Paraguay. (11) In November 2014, Peruvian counterterrorism police arrested Mohammed Amadar, a Lebanese citizen, who was reportedly a Hizballah operative, after finding traces of explosive materials and detonators at his home. His targets reportedly included places associated with Israelis and Jews in Peru, the Israeli embassy in Lima, and Jewish community institutions. (12) Hizballah is classified by the Department of State as a Foreign Terrorist Organization, but multiple reports have found that Hizballah has significant and expanding ties to transnational organized crime, drug trafficking, and money- laundering activities in the Western Hemisphere, including partnerships with Mexico's Los Zetas, Colombia's Revolutionary Armed Forces of Colombia (FARC), and Brazil's Primeriro Comando de la Capital. (13) As of June 2017, the United States has sanctioned 11 individuals and four companies in the Tri-Border Area of Argentina, Paraguay, and Brazil for their involvement with Hizballah's terror finance networks. However, multiple reports show that despite United States measures, some of these individuals who are Specially Designated Global Terrorists (SDGTs) under Executive Order 13224 of September 2001 continue to have access to the global financial system. SEC. 3. STATEMENT OF POLICY. Congress declares that it is the policy of the United States to continue the policy outlined in the Hizballah International Financing Prevention Act of 2015 (Public Law 114-102) and the government-wide strategy outlined in Countering Iran in the Western Hemisphere Act of 2012 (Public Law 112-220) to prevent further penetration of Iran and Hizballah into the Western Hemisphere and prioritize United States diplomatic efforts to engage countries in the Western Hemisphere to disrupt and degrade Hizballah's illicit networks operating in the region. SEC. 4. DEFINITIONS. In this Act: (1) Western hemisphere.--The term ``Western Hemisphere'' has the meaning given such term in section 4(1) of the Countering Iran in the Western Hemisphere Act of 2012 (Public Law 112-220; 22 U.S.C. 8701 note). (2) Relevant congressional committees.--The term ``relevant congressional committees'' has the meaning given such term in section 4(2) of the Countering Iran in the Western Hemisphere Act of 2012 (Public Law 112-220; 22 U.S.C. 8701 note). (3) Hizballah.--The term ``Hizballah'' has the meaning given such term in section 102(f) of the Hizballah International Financing Prevention Act of 2015 (Public Law 114- 102; 50 U.S.C. 1701 note). (4) Hostile activities.--The term ``hostile activities'' means any activities that promote anti-American or undemocratic views that threaten United States national security through government-to-government, private sector, nongovernmental organizations, or public diplomacy engagement. SEC. 5. UNITED STATES STRATEGY TO PREVENT HOSTILE ACTIVITIES BY IRAN AND DISRUPT AND DEGRADE HIZBALLAH'S ILLICIT NETWORKS IN THE WESTERN HEMISPHERE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the relevant congressional committees a strategy to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks in the Western Hemisphere that-- (1) identifies Department of State priorities, in coordination with other executive branch agencies, for defining United States policy to protect United States interests from Iranian and Hizballah threats in the Western Hemisphere; (2) involves a whole-of-government approach led by the Secretary of State, in coordination with other executive branch agencies, to ensure that information-sharing, interdictions, arrests, investigations, indictments, sanctions, and designations related to Hizballah individuals or networks in the Western Hemisphere are integrated, coordinated, and publicly communicated by the United States in a manner that supports United States interests; (3) outlines a counter-network disruption campaign that includes the input of other executive branch agencies and that uses all appropriate United States national tools; (4) describes Iranian and Hizballah activities in the Western Hemisphere, their relationships with transnational criminal organizations in the region, their use of the region's commodities trade to engage in illicit activities, and their use of Latin American and Caribbean visas, including through Citizenship by Investment Programs to seek admittance into the United States, as well as a plan to address any security vulnerabilities to the United States; (5) includes a review of all relevant United States sanctions that relate to Hizballah's activities in Latin America and the Caribbean and an assessment of their use, effectiveness, and any capability gaps; (6) includes a review of the use of the Department of State's rewards program under section 36 of the State Department Basic Authorities Act (22 U.S.C. 2708) to obtain information related to Latin America-based Hizballah operatives and illicit networks and an assessment of the effectiveness of this program for targeting Hizballah in the Western Hemisphere; (7) includes a review of all relevant United States sanctions on financial institutions in Latin America and the Caribbean that engage in activities outlined by section 102 of Hizballah International Financing Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701 note) and an assessment of the use of the authorities outlined, their effectiveness, and recommendations for improvement; (8) describes Hizballah criminal support networks, including country facilitation, in the Western Hemisphere and outlines a United States approach to partners in the region to address those illicit networks and build country capacity to combat the transnational criminal activities of Hizballah; and (9) includes a review of the actions of governments in the Western Hemisphere to identify, investigate, and prosecute Latin America-based Hizballah operatives, and enforce sanctions either personally or to their business interests of Latin America-based Hizballah operatives as well as recommendations for United States action towards governments who refuse to impose sanctions or who willingly facilitate Latin America- based Hizballah illicit activities. (b) Form.--The strategy required by subsection (b) shall be submitted in unclassified form to the greatest extent possible but may include a classified annex. SEC. 6. UNITED STATES BILATERAL AND MULTILATERAL ENGAGEMENT ON HIZBALLAH IN THE WESTERN HEMISPHERE. (a) Bilateral Engagement.--Not later than 90 days after the date of the enactment of this Act, the President shall instruct the Secretary of State to prioritize United States diplomatic engagement with countries in the Western Hemisphere to increase cooperation and build governments' capacity to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks operating in the region. Such diplomatic engagement may include-- (1) efforts to target and expose illicit networks, arrest perpetrators, freeze assets, and attack Iran and Hizballah's use of illicit networks using international trade and banking systems; (2) efforts to revoke or deny visas from those implicated in Hizballah activity in the region, including lawyers, accountants, business partners, and service providers and politicians who knowingly facilitate or fail to take measures to counter Hizballah's illicit finance in their own jurisdictions; (3) efforts to assist willing nations with the development of counter-organized crime legislation, the strengthening of financial investigative capacity, and a fully-vetted counter- organized crime judicial model in places plagued with corruption; and (4) efforts to persuade governments in the region to list Hizballah as a terrorist organization. (b) Multilateral Engagement.-- (1) In general.--Title I of the Hizballah International Financing Prevention Act of 2015 (Public Law 114-102; 129 Stat. 2206; 50 U.S.C. 1701 note) is amended by adding at the end the following: ``SEC. 103. DIPLOMATIC INITIATIVES. ``(a) Sense of Congress.--It is the sense of Congress that-- ``(1) the designation of Hizballah as a terrorist organization by the Gulf Cooperation Council represents a positive step; and ``(2) the United States should provide necessary technical and other advice to the states of the Gulf Cooperation Council to enhance the effectiveness of that designation. ``(b) Diplomatic Initiatives.--Not later than 90 days after the date of the enactment of this section, the President shall instruct-- ``(1) the United States Permanent Representative to the Organization of American States to work to secure support at the Organization of American States for a resolution that would declare Hizballah as a terrorist organization and address Hizballah's illicit networks operating in the region; ``(2) the United States Ambassador to the Organization for Security and Cooperation in Europe (OSCE) to work to secure a report on compliance by participating states with OSCE Decision Number 1063, the `Consolidated Framework for the Fight Against Terrorism', in regard to Hizballah, with particular focus on the mandate to `suppress the financing of terrorism, including its links with money-laundering and illegal economic activities', especially as it relates transatlantic relations, including with Latin America and the Caribbean; and ``(3) United States diplomats to work with international forums, including the Financial Action Task Force, to identify government entities within Latin America and the Caribbean that provide support, facilitation, or assistance to individuals affiliated with Hizballah in the Western Hemisphere. ``(c) Report.--Not later than 90 days after the date of enactment of this section, and every 180 days thereafter for a period not to exceed 3 years, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report describing efforts of the United States Permanent Representative to the Organization of American States with respect to matters described in subsection (b)(1), efforts of the United States Ambassador to the Organization for Security and Cooperation in Europe with respect to the matters described in subsection (b)(2), and efforts by United States diplomats with respect to the matters described in subsection (b)(3).''. (2) Clerical amendment.--The table of contents for the Hizballah International Financing Prevention Act of 2015 is amended by inserting after the item related to section 102 the following new item: ``Sec. 103. Diplomatic initiatives.''. SEC. 7. CONGRESSIONAL OVERSIGHT BRIEFINGS. The Secretary of State provide to the relevant congressional committees annual briefings that review Department of State efforts to implement the strategy to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks in the Western Hemisphere under section 5 and United States bilateral and multilateral engagement with respect to Hizballah in the Western Hemisphere in accordance with section 6 and the amendments made by section 6. SEC. 8. REGULATORY AUTHORITY. (a) In General.--The President shall, not later than 120 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this Act and the amendments made by this Act. (b) Notification to Congress.--Not less than 10 days before the promulgation of regulations under subsection (a), the President shall notify the relevant congressional committees of the proposed regulations and the provisions of this Act that the regulations are implementing. SEC. 9. SUNSET. This Act shall terminate on the date that is 30 days after the date on which the President certifies to Congress that Hizballah meets the requirements described in section 303 of Hizballah International Financing Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701 note).", "summary": "Iran and Hizballah Western Hemisphere Prevention Act of 2017 This bill declares it to be U.S. policy to prevent further penetration of Iran and Hizballah into the Western Hemisphere and to prioritize diplomatic efforts to engage countries in the hemisphere to disrupt and degrade Hizballah's illicit networks operating in the region. The Department of State shall submit a strategy to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks in the hemisphere. The President shall instruct the State Department to prioritize U.S. diplomatic engagement with countries in the hemisphere in order to increase cooperation and build the capacity of the governments of those countries to prevent such activities and disrupt and degrade such networks. The bill amends the Hizballah International Financing Prevention Act of 2015 to require the President to instruct: the U.S. Permanent Representative to the Organization of American States (OAS) to work to secure OAS support for a resolution that would declare Hizballah to be a terrorist organization and address such illicit networks; and the U.S. Ambassador to the Organization for Security and Cooperation in Europe (OSCE) to work in securing a report on compliance by participating states with OSCE Decision Number 1063, the Consolidated Framework for the Fight Against Terrorism, with regard to Hizballah; and U.S. diplomats to work with international forums to identify government entities in Latin America and the Caribbean that support individuals affiliated with Hizballah in the hemisphere. The State Department must provide to the relevant congressional committees annual briefings that review its efforts to implement such strategy and U.S. bilateral and multilateral engagement with respect to Hizballah in the hemisphere."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014''. SEC. 2. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS. Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following: ``(13) Registration exemption for merger and acquisition brokers.-- ``(A) In general.--Except as provided in subparagraph (B), an M&A broker shall be exempt from registration under this section. ``(B) Excluded activities.--An M&A broker is not exempt from registration under this paragraph if such broker does any of the following: ``(i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities that is registered, or is required to be registered, with the Commission under section 12 or with respect to which the issuer files, or is required to file, periodic information, documents, and reports under subsection (d). ``(C) Rule of construction.--Nothing in this paragraph shall be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(D) Definitions.--In this paragraph: ``(i) Control.--The term `control' means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. There is a presumption of control for any person who-- ``(I) is a director, general partner, member or manager of a limited liability company, or officer exercising executive responsibility (or has similar status or functions); ``(II) has the right to vote 20 percent or more of a class of voting securities or the power to sell or direct the sale of 20 percent or more of a class of voting securities; or ``(III) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 20 percent or more of the capital. ``(ii) Eligible privately held company.-- The term `eligible privately held company' means a company that meets both of the following conditions: ``(I) The company does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). ``(II) In the fiscal year ending immediately before the fiscal year in which the services of the M&A broker are initially engaged with respect to the securities transaction, the company meets either or both of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(aa) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(bb) The gross revenues of the company are less than $250,000,000. ``(iii) M&A broker.--The term `M&A broker' means a broker, and any person associated with a broker, engaged in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible privately held company, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale, exchange, issuance, repurchase, or redemption of, or a business combination involving, securities or assets of the eligible privately held company, if the broker reasonably believes that-- ``(I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in concert, will control and, directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company; and ``(II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, such person will, prior to becoming legally bound to consummate the transaction, receive or have reasonable access to the most recent year-end balance sheet, income statement, statement of changes in financial position, and statement of owner's equity of the issuer of the securities offered in exchange, and, if the financial statements of the issuer are audited, the related report of the independent auditor, a balance sheet dated not more than 120 days before the date of the offer, and information pertaining to the management, business, results of operations for the period covered by the foregoing financial statements, and material loss contingencies of the issuer. ``(E) Inflation adjustment.-- ``(i) In general.--On the date that is 5 years after the date of the enactment of the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014, and every 5 years thereafter, each dollar amount in subparagraph (D)(ii)(II) shall be adjusted by-- ``(I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2012; and ``(II) multiplying such dollar amount by the quotient obtained under subclause (I). ``(ii) Rounding.--Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000.''. SEC. 3. EFFECTIVE DATE. This Act and any amendment made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act. Passed the House of Representatives January 14, 2014. Attest: KAREN L. HAAS, Clerk.", "summary": "Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014 - Amends the Securities Exchange Act of 1934 to exempt from its registration requirements certain merger and acquisition (M&A) brokers and associated persons. Denies such registration exemption, however, to brokers who: (1) receive, hold, transmit, or have custody of any funds or securities to be exchanged by parties to a transfer of ownership of an eligible privately held company; or (2) engage on behalf of an issuer in a public offering of securities that are either subject to mandatory registration, or with respect to which the issuer must file periodic information, documents, and reports. Prohibits the construction of this Act to limit any other authority of the Securities and Exchange Commission (SEC) to exempt any person, or any class of persons, from any provision of this Act, including any related rule or regulation."}
{"article": "TITLE I--RETAILER INTEGRITY authority to establish authorization periods Sec. 101. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)) is amended by adding at the end the following new sentence: ``The Secretary is authorized to issue regulations establishing specific time periods during which authorization to accept and redeem coupons under the Food Stamp Program shall be valid.''. specific period for prohibiting participation of stores based on lack of business integrity Sec. 102. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)), as previously amended by this Act, is amended by adding at the end thereof the following new sentences: ``The Secretary is authorized to issue regulations establishing specific time periods during which a retail food store or wholesale food concern that has an application for approval to accept and redeem coupons denied or that has such an approval withdrawn on the basis of business integrity and reputation cannot submit a new application for approval. Such periods shall reflect the severity of business integrity infractions that are the basis of such denials or withdrawals.''. information for verifying eligibility for authorization Sec. 103. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended by-- (1) inserting after ``submit information'' in the first sentence the following: ``, which may include relevant income and sales tax filing documents,''; and (2) inserting after the first sentence the following new sentence: ``The regulations may require retail food stores and wholesale food concerns to provide written authorization for the Secretary to verify all relevant tax filings with appropriate agencies and to obtain corroborating documentation from other sources in order that the accuracy of information provided by such stores and concerns may be verified.''. waiting period for stores that initially fail to meet authorization criteria Sec. 104. Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C. 2018(d)) is amended by adding at the end thereof the following new sentence: ``Regulations issued pursuant to this Act shall prohibit a retail food store or wholesale food concern that has an application for approval to accept and redeem coupons denied because it does not meet criteria for approval established by the Secretary in regulations from submitting a new application for six months from the date of such denial.''. bases for suspensions and disqualifications Sec. 105. Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)) is amended by adding at the end thereof the following new sentence: ``Regulations issued pursuant to this Act shall provide criteria for the finding of violations and the suspension or disqualification of a retail food store or wholesale food concern on the basis of evidence which may include, but is not limited to, facts established through on-site investigations, inconsistent redemption data or evidence obtained through transaction reports under electronic benefit transfer systems.''. authority to suspend stores violating program requirements pending administrative and judicial review Sec. 106. (a) Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)), as previously amended by this Act, is amended by adding at the end thereof the following new sentences: ``Such regulations may establish criteria under which the authorization of a retail food store or wholesale food concern to accept and redeem coupons may be suspended at the time such store or concern is initially found to have committed violations of program requirements. Such suspension may coincide with the period of a review as provided in section 14 of this Act. The Secretary shall not be liable for the value of any sales lost during any suspension or disqualification period.''. (b) Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a)) is amended by-- (1) inserting in the first sentence immediately before ``disqualified or subjected'' the word ``suspended,''; (2) inserting immediately before the period at the end of the fifth sentence ``: Provided, That notwithstanding any other provision of law, in the case of the suspension of a retail food store or wholesale food concern pursuant to section 12(a) of this Act, such suspension shall remain in effect pending any administrative or judicial review of the proposed disqualification action and the period of suspension shall be deemed a part of any period of disqualification which is imposed.''; and (3) striking the last sentence. disqualification of retailers who are disqualified from the wic program Sec. 107. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding the following new subsection: ``(g) The Secretary shall issue regulations providing criteria for the disqualification of approved retail food stores and wholesale food concerns that are otherwise disqualified from accepting benefits under the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) authorized under section 17 of the Child Nutrition Act of 1966. Such disqualification (1) shall be for the same period as the disqualification from the WIC Program, (2) may begin at a later date, and (3) notwithstanding the provisions of section 14 of this Act, shall not be subject to administrative or judicial review.''. permanent debarment of retailers who intentionally submit falsified applications Sec. 108. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding the following new subsection: ``(h) The Secretary shall issue regulations providing for the permanent disqualification of a retail food store or wholesale food concern that is determined to have knowingly submitted an application for approval to accept and redeem coupons which contains false information about one or more substantive matters which were the basis for providing approval. Any disqualification imposed under this subsection shall be subject to administrative and judicial review pursuant to section 14 of this Act but such disqualification shall remain in effect pending such review.''. expanded civil and criminal forfeiture for violations of the food stamp act Sec. 109. (a) Forfeiture of Items Exchanged in Food Stamp Trafficking.--Section 15(g) of the Food Stamp Act of 1977 (7 U.S.C. 2024(g)) is amended by striking ``or intended to be furnished.'' (b) Civil and Criminal Forfeiture.--Section 15 of the Food Stamp Act of 1977 (7 U.S.C. 2024)) is amended by adding the following new subsection: ``(h)(1) Civil Forfeiture for Food Stamp Benefit Violations.-- ``(A) Any food stamp benefits and any property, real or personal-- ``(i) constituting, derived from, or traceable to any proceeds obtained directly or indirectly from, or ``(ii) used, or intended to be used, to commit, or to facilitate, the commission of a violation of subsection (b) or subsection (c) of this section involving food stamp benefits having an aggregate value of not less than $5,000, shall be subject to forfeiture to the United States. ``(B) The provisions of chapter 46 of title 18, relating to civil forfeitures shall extend to a seizure or forfeiture under this subsection, insofar as applicable and not inconsistent with the provisions of this subsection. ``(2) Criminal Forfeiture for Food Stamp Benefit Violations.-- ``(A)(i) Any person convicted of violating subsection (b) or subsection (c) of this section involving food stamp benefits having an aggregate value of not less than $5,000, shall forfeit to the United States, irrespective of any State law-- ``(I) any food stamp benefits and any property constituting, or derived from, or traceable to any proceeds such person obtained directly or indirectly as a result of such violation; and ``(II) any food stamp benefits and any of such person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of such violation. ``(ii) In imposing sentence on such person, the court shall order that the person forfeit to the United States all property described in this subsection. ``(B) All food stamp benefits and any property subject to forfeiture under this subsection, any seizure and disposition thereof, and any administrative or judicial proceeding relating thereto, shall be governed by subsections (b), (c), (e), and (g) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), insofar as applicable and not inconsistent with the provisions of this subsection. ``(3) This subsection shall not apply to property specified in subsection (g) of this section. ``(4) The Secretary may prescribe such rules and regulations as may be necessary to carry out this subsection.''. expanded authority for sharing information provided by retailers Sec. 110. (a) Section 205(c)(2)(C)(iii) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(iii)) (as amended by section 316(a) of the Social Security Administrative Reform Act of 1994 (Public Law 103-296; 108 Stat. 1464) is amended by-- (1) inserting in the first sentence of subclause (II) immediately after ``instrumentality of the United States'' the following: ``, or State government officers and employees with law enforcement or investigative responsibilities, or State agencies that have the responsibility for administering the Special Supplemental Nutrition Program for Women, Infants and Children (WIC)''; (2) inserting in the last sentence of subclause (II) immediately after ``other Federal'' the words ``or State''; and (3) inserting ``or a State'' in subclause (III) immediately after ``United States''. (b) Section 6109(f)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 6109(f)(2)) (as added by section 316(b) of the Social Security Administrative Reform Act of 1994 (Public Law 103-296; 108 Stat. 1464) is amended by-- (1) inserting in subparagraph (A) immediately after ``instrumentality of the United States'' the following: ``, or State government officers and employees with law enforcement or investigative responsibilities, or State agencies that have the responsibility for administering the Special Supplemental Nutrition Program for Women, Infants and Children (WIC)''; (2) inserting in the last sentence of subparagraph (A) immediately following ``other Federal'' the words ``or State''; and (3) inserting ``or a State'' in subparagraph (B) immediately after ``United States''. expanded definition of ``coupon'' Sec. 111. Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C. 2012(d)) is amended by striking ``or type of certificate'' and inserting in lieu thereof ``type of certificate, authorization cards, cash or checks issued in lieu of coupons or access devices, including, but not limited to, electronic benefit transfer cards and personal identification numbers''. TITLE II--RECIPIENT INTEGRITY doubled penalties for violating food stamp program requirements Sec. 201. Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)) is amended by-- (1) striking in clause (i) ``six months'' and inserting in lieu thereof ``1 year''; and (2) striking in clause (ii) ``1 year'' and inserting in lieu thereof ``2 years''. mandatory claims collection methods Sec. 202. (a) Section 11(e)(8) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)) is amended by inserting before the semi-colon at the end thereof the following: ``or refunds of Federal taxes as authorized pursuant to 31 U.S.C. 3720A''. (b) Section 13(d) of the Food Stamp Act of 1977 (7 U.S.C. 2022(d)) is amended by-- (1) striking ``may'' and inserting in lieu thereof ``shall''; and (2) inserting before the period at the end thereof the following: ``or refunds of Federal taxes as authorized pursuant to 31 U.S.C. 3720A''. (c) Section 6103(1) of the Internal Revenue Code (26 U.S.C. 6103(1)) is amended by-- (1) striking ``officers and employees'' in paragraph (10)(A) and inserting in lieu thereof ``officers, employees or agents, including State agencies''; and (2) striking ``officers and employees'' in paragraph (10)(B) and inserting in lieu thereof ``officers, employees or agents, including State agencies''. (d) The provisions of this section shall be effective October 1, 1995. TITLE III--IMPLEMENTATION AND EFFECTIVE DATES Sec. 301. Except as otherwise provided in this Act, the provisions of this Act shall become effective and be implemented on the date of enactment.", "summary": "TABLE OF CONTENTS: Title I: Retailer Integrity Title II: Recipient Integrity Title III: Implementation and Effective Dates Title I: Retailer Integrity - Amends the Food Stamp Act of 1977 to authorize the Secretary of Agriculture (Secretary) to establish specific time periods for: (1) retail food stores and wholesale food concerns (stores) to apply for food stamp program (program) participation; and (2) prohibition of program participation based on lack of business integrity. (Sec. 103) Includes income and sales tax information among the types of eligibility verification information which may be requested. (Sec. 104) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. (Sec. 106) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) (Sec. 107) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 108) Provides for permanent disqualification of a store that knowingly submits a falsified application. (Sec. 109) Expands civil and criminal forfeiture for specified violations of the Act. (Sec. 110) Amends the Social Security Act as amended by the Social Security Administrative Reform Act of 1994, and the Internal Revenue Code as added to by the Social Security Administrative Reform Act of 1994, to authorize information sharing with State WIC enforcement instrumentalities. (Sec. 111) Amends the Act to expand the definition of \"coupon.\" Title II: Recipient Integrity - Amends the Act to increase ineligibility penalties for program violations. (Sec. 202) Makes the collection of overissuance of coupons from Federal pay or Federal tax refunds (as authorized by this section) mandatory. Title III: Implementation and Effective Dates - Makes the provisions of this Act effective upon enactment unless otherwise provided for."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Omnibus Airline Passenger Fair Treatment Act of 1999''. SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS. Section 41712 of title 49, United States Code, is amended-- (1) by striking ``On the initiative'' and inserting ``(a) Duty of the Secretary.--On the initiative''; and (2) by adding at the end thereof the following: ``(b) Specific Practices.--For purposes of subsection (a), the terms `unfair or deceptive practice' and `unfair method of competition' include each of the following: ``(1) Access to fares.--The failure of an air carrier or foreign air carrier to provide a consumer full access to all fares for air transportation provided by the air carrier or foreign air carrier, regardless of the technology or other method the consumer uses to access the fares. ``(2) Flight delays.--The failure of an air carrier or foreign air carrier to provide a passenger of the carrier with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary. ``(3) Pricing policies.--Any action of an air carrier or foreign air carrier-- ``(A) to prohibit a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using the air transportation purchased only for 1-way travel instead of round-trip travel); or ``(B) to assess an additional fee on or charge to-- ``(i) such a person; or ``(ii) any ticket agent that sold the air transportation to such person. ``(4) Termination of ticket agents.--In the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, the failure of the air carrier or foreign air carrier-- ``(A) to provide the ticket agent with written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and ``(B) to provide the ticket agent with at least 60 days to correct any deficiency claimed in the written notice, except in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.''. SEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS. Section 41713(b)(1) of title 49, United States Code, is amended by striking ``related to a price, route, or service of an air carrier that may provide air transportation under this subpart'' and inserting ``that directly prescribes a price, route, or level of service for air transportation provided by an air carrier under this subpart''. SEC. 4. EMERGENCY MEDICAL ASSISTANCE, RIGHT OF EGRESS. (a) In General.--Chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41717. Airline passenger rights ``(a) Right to In-Flight Emergency Medical Care.-- ``(1) In general.--The Secretary of Transportation shall issue regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier in air transportation that is capable of carrying at least 30 passengers. ``(2) Considerations.--In issuing regulations under paragraph (1), the Secretary shall consider-- ``(A) the weight and size of the equipment described in paragraph (1); ``(B) the need for special training of air carrier personnel to operate the equipment safely and effectively; ``(C) the space limitations of each type of aircraft; ``(D) the effect of the regulations on aircraft operations; ``(E) the practical experience of airlines in carrying and operating similar equipment; and ``(F) other relevant factors. ``(3) Consultation.--Before issuing regulations under paragraph (1), the Secretary shall consult with the Surgeon General. ``(b) Right To Exit Aircraft.--No air carrier or foreign air carrier operating an aircraft in air transportation shall prevent or hinder (including by failing to assist) any passenger from exiting the aircraft (under the same circumstances as any member of the flight crew is permitted to exit the aircraft) if-- ``(1) the aircraft is parked at an airport terminal gate with access to ramp or other facilities through which passengers are customarily boarded and deplaned; ``(2) the aircraft has remained at the gate more than 1 hour past its scheduled departure time; ``(3) the captain of the aircraft has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes.''. SEC. 5. ENSURING CONSUMER ACCESS TO TRAVEL INFORMATION. (a) Findings.--Congress finds the following: (1) The continued success of a deregulated airline system requires that consumers have full access to complete information concerning airline fares, routes, and other services. (2) The means of distributing information about the products and services of the airline industry are changing; during the past four years, airlines have begun selling a larger percentage of their products and services directly to consumers, and Internet businesses are now offering services that allow consumers to compare prices for these products and services. (3) Airline policies with respect to travel agencies, who historically have sold a majority of the airline industry's products and services, threaten the ability of consumers to gather the information necessary to evaluate market prices, routes, and services. (4) Further reductions in the number of travel agents and greater marketplace reliance on direct airline sales may result in a marketplace in which consumers lack sufficient information and are thereby forced to pay higher prices. (b) Establishment.--There is established a commission to be known as the ``National Commission to Ensure Consumer Information and Choice in the Airline Industry'' (hereinafter in this section referred to as the ``Commission''). (c) Duties.-- (1) Study.--The Commission shall undertake a study of-- (A) consumer access to information about the products and services of the airline industry; (B) the effect on the marketplace of the emergence of new means of distributing such products and services; (C) the effect on consumers of the declining financial condition of travel agents in the United States; and (D) the impediments imposed by the airline industry on distributors of the industry's products and services, including travel agents and Internet-based distributors. (2) Policy recommendations.--Based on the results of the study described in paragraph (1), the Commission shall recommend to the President and Congress policies necessary-- (A) to ensure full consumer access to complete information concerning airline fares, routes, and other services; (B) to ensure that the means of distributing the products and services of the airline industry, and of disseminating information about such products and services, is adequate to ensure that competitive information is available in the marketplace; (C) to ensure that distributors of the products and services of the airline industry have adequate relief from illegal, anticompetitive practices that occur in the marketplace; and (D) to foster healthy competition in the airline industry and the entry of new entrants. (d) Specific Matters To Be Addressed.--In carrying out the study authorized under subsection (c)(1), the Commission shall specifically address the following: (1) Consumer access to information.--With respect to consumer access to information regarding the services and products offered by the airline industry: (A) The state of such access. (B) The effect in the next 5 years of the making of alliances in the airline industry. (C) Whether and to what degree the trends regarding such access will produce benefits to consumers. (2) Means of distribution.--With respect to the means of distributing the products and services of the airline industry: (A) The state of such means of distribution. (B) The roles played by travel agencies and Internet-based providers of travel information and services in distributing such products and services. (C) Whether the policies of the United States promote the access of consumers to multiple means of distribution. (3) Airline reservation systems.--With respect to airline reservation systems: (A) The rules, regulations, policies, and practices of the industry governing such systems. (B) How trends in such systems will affect consumers, including-- (i) the effect on consumer access to flight reservation information; and (ii) the effect on consumers of the use by the airline industry of penalties and promotions to convince distributors to use such systems, and the degree of consumer awareness of such penalties and promotions. (4) Legal impediments to distributors seeking relief for anticompetitive actions.--The policies of the United States with respect to the legal impediments to distributors seeking relief for anticompetitive actions, including-- (A) Federal preemption of civil actions against airlines; and (B) the role of the Department of Transportation in enforcing rules against anticompetitive practices. (e) Membership.-- (1) Appointment.--The Commission shall be composed of 15 voting members and 11 nonvoting members as follows: (A) 5 voting members and 1 nonvoting member appointed by the President. (B) 3 voting members and 3 nonvoting members appointed by the Speaker of the House of Representatives. (C) 2 voting members and 2 nonvoting members appointed by the minority leader of the House of Representatives. (D) 3 voting members and 3 nonvoting members appointed by the majority leader of the Senate. (E) 2 voting members and 2 nonvoting members appointed by the minority leader of the Senate (2) Qualifications.--Voting members appointed pursuant to paragraph (1) shall be appointed from among individuals who are experts in economics, service product distribution, or transportation, or any related discipline, and who can represent consumers, passengers, shippers, travel agents, airlines, or general aviation. (3) Terms.--Members shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Travel expenses.--Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (6) Chairman.--The President, in consultation with the Speaker of the House of Representatives and the majority leader of the Senate, shall designate the Chairman of the Commission from among its voting members. (f) Commission Panels.--The Chairman shall establish such panels consisting of voting members of the Commission as the Chairman determines appropriate to carry out the functions of the Commission. (g) Staff.--The Commission may appoint and fix the pay of such personnel as it considers appropriate. (h) Staff of Federal Agencies.--Upon request of the Commission, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (i) Other Staff and Support.--Upon the request of the Commission, or a panel of the Commission, the Secretary of Transportation shall provide the Commission or panel with professional and administrative staff and other support, on a reimbursable basis, to assist the Commission or panel in carrying out its responsibilities. (j) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this section. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. (k) Report.--Not later than 1 year after the date on which initial appointments of members to the Commission are completed, the Commission shall transmit to the President and Congress a report on the activities of the Commission, including recommendations made by the Commission under subsection (c)(2). (l) Termination.--The Commission shall terminate on the 30th day following the date of transmittal of the report under subsection (k). All records and papers of the Commission shall thereupon be delivered by the Administrator of General Services for deposit in the National Archives. (m) Applicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.", "summary": "(Sec. 2) Prohibits an air carrier or foreign air carrier, in the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of a ticket agent's appointment, from failing to provide the ticket agent with: (1) written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and (2) at least 60 days to correct any deficiency claimed in such notice. Exempts a carrier from this requirement only in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment. (Sec. 3) Revises the preemption of State, local, and regional law or regulation related to a price, route, or level of service for air transportation provided by an air carrier. Limits the preemption to any such law or regulation that would directly prescribe a price, route, or level of service. (Sec. 4) Directs the Secretary of Transportation to issue regulations to establish minimum Federal standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier that is capable of carrying at least 30 passengers. Bars an air carrier or foreign air carrier from preventing or hindering (including by failing to assist) a passenger from exiting an aircraft if: (1) the aircraft is parked at an airport terminal gate with access to ramp or other facilities through which passengers are customarily boarded and deplaned; (2) such aircraft has remained at the gate more than one hour past its scheduled departure time; and (3) the captain of the aircraft has not been informed by air traffic control authorities that such aircraft can be cleared for departure within 15 minutes. (Sec. 5) Establishes the National Commission to Ensure Consumer Information and Choice in the Airline Industry. Requires the Commission, among other things, to study and make policy recommendations to the President and Congress on consumer access to information about the products and services of the airline industry, especially airline fares and routes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Idaho Land Enhancement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the agreement executed in 2005, entitled ``Agreement to Initiate, Boise Foothills--Northern Idaho Land Exchange'', and entered into by-- (A) the Bureau of Land Management; (B) the Forest Service; (C) the State; and (D) the City. (2) Bureau of land management land.--The term ``Bureau of Land Management land'' means the approximately 605 acres of land administered by the Bureau of Land Management (including all appurtenances to the land) that is proposed to be acquired by the State, as depicted in exhibit A2 of the Agreement. (3) Board.--The term ``Board'' means the Idaho State Board of Land Commissioners. (4) City.--The term ``city'' means the city of Boise, Idaho. (5) Federal land.--The term ``Federal land'' means the Bureau of Land Management land and the National Forest System land. (6) National forest system land.--The term ``National Forest System land'' means the approximately 7,220 acres of land (including all appurtenances to the land) that is-- (A) administered by the Secretary of Agriculture in the Idaho Panhandle National Forests and the Clearwater National Forest; (B) proposed to be acquired by the State; and (C) depicted in exhibit A2 of the Agreement. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) State.--The term ``State'' means the State of Idaho, Department of Lands. (9) State land.--The term ``State land'' means the approximately 11,085 acres of land (including all appurtenances to the land) administered by the State that are proposed to be acquired by the United States, as depicted in exhibit A1 of the Agreement. SEC. 3. LAND EXCHANGE. (a) In General.--In accordance with the Agreement and this Act, if the State offers to convey the State land to the United States, the Secretary and the Secretary of Agriculture shall-- (1) accept the offer; and (2) on receipt of title to the State land, simultaneously convey to the State the Federal land. (b) Additional Agreements.--The Secretary and the Secretary of Agriculture may enter into any additional agreements that the Secretary and the Secretary of Agriculture determine to be necessary or appropriate to supplement the Agreement, including agreements that-- (1) provide legal descriptions of the Federal land and State land (including any interests in the Federal land and State land) to be exchanged under this Act; (2) identify all reserved and outstanding interests in the Federal land and State land; (3) stipulate any cash equalization payments required; and (4) specify any other terms and conditions that are necessary to complete the land exchange. (c) Valid Existing Rights.--The conveyance of the Federal land and State land shall be subject to-- (1) all valid existing rights; and (2) any other reservations, terms, and conditions agreed to by the Secretary, the Secretary of Agriculture, and the Board. (d) Equal Value Exchange.-- (1) In general.--The value of the Federal land and State land to be exchanged under this Act-- (A) shall be equal; or (B) shall be made equal in accordance with subsection (e). (2) Appraisals.-- (A) In general.--The value of the Federal land and State land shall be determined in accordance with appraisals conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) any appraisal instructions of the Secretary and the Secretary of Agriculture, (B) Approval.--Any appraisal conducted under subparagraph (A) shall be reviewed and approved by-- (i) the Secretary and the Secretary of Agriculture; or (ii) an interdepartmental appraisal review team established jointly by the Secretary and the Secretary of Agriculture. (e) Cash Equalization.-- (1) In general.--If the value of the Federal land and State land is not equal, the value may be equalized by the payment of cash to the United States or to the State, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Disposition and use of proceeds.-- (A) Disposition of proceeds.--Any cash equalization payments received by the United States under paragraph (1) shall be deposited in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (B) Use of proceeds.--Amounts deposited under paragraph (2) shall be available to the Secretary of Agriculture, without further appropriation and until expended, for the acquisition of land and interests in land for addition to the National Forest System in the State. (f) Rights-of-Way.--As specified in the Agreement-- (1) the Secretary of Agriculture, under the authority of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), shall convey to the State any easements or other rights-of-way to National Forest System land that are appropriate to provide access to the Federal land acquired by the State under this Act; and (2) the State shall convey to the United States any easements or other rights-of-way to land owned by the State that are agreed to by the Secretary of Agriculture and the State. (g) Costs.--The City, either directly or through a collection agreement with the Secretary and the Secretary of Agriculture, shall pay the administrative costs associated with the conveyance of the Federal land and State land, including the costs of any field inspections, environmental analyses, appraisals, title examinations, and deed and patent preparations. SEC. 4. MANAGEMENT OF FEDERAL LAND. (a) Transfer of Administrative Jurisdiction.-- (1) In general.--There is transferred from the Secretary to the Secretary of Agriculture administrative jurisdiction over the land described in paragraph (2). (2) Description of land.--The land referred to in paragraph (1) is the approximately 2,111 acres of Bureau of Land Management land located in Shoshone County, Idaho, as generally depicted in exhibit A3 of the Agreement. (3) Management.-- (A) In general.--On transfer of administrative jurisdiction over the land to the Secretary of Agriculture under paragraph (1), the land shall be managed by the Secretary of Agriculture in accordance with the laws (including regulations) applicable to the National Forest System. (B) Wilderness study areas.--Any land designated as a Wilderness Study Area that is transferred to the Secretary of Agriculture under paragraph (1) shall be managed in a manner that preserves the suitability of land for designation as wilderness until Congress determines otherwise. (b) Additions to the National Forest System.--The Secretary of Agriculture shall administer any State land conveyed to the United States under this Act for administration by the Secretary of Agriculture in accordance with-- (1) the Act of March 1, 1911 (commonly known as the ``Weeks Act'') (16 U.S.C. 480 et seq.); and (2) any laws (including regulations) applicable to the National Forest System. (c) Land to Be Managed by the Secretary.--The Secretary shall administer any State land conveyed to the United States under this Act for administration by the Secretary as acquired land in accordance with-- (1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (2) other applicable laws. (d) Land and Resource Management Plans.-- (1) In general.--Acquisition by the United States of the State land under this Act shall not require a revision or amendment to the applicable land and resource management plan of the Forest Service or the Bureau of Land Management. (2) Renewal.--When a land and resource management plan of the Forest Service or the Bureau of Land Management, as appropriate, is renewed, the plan shall take into account the State land acquired under this Act. (3) Management.--Pending completion of the land and resource management plan renewal process under paragraph (2), the Secretary and the Secretary of Agriculture shall manage the acquired State land in accordance with the standards and guidelines in the applicable land and resource management plans for adjacent land managed by the Secretary and the Secretary of Agriculture. (e) National Forest Boundaries.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Idaho Panhandle National Forest and Clearwater National Forest, as modified by the exchange authorized by this Act, shall be considered to be the boundaries of the Idaho Panhandle National Forest and Clearwater National Forest as of January 1, 1965. SEC. 5. MISCELLANEOUS PROVISIONS. (a) Legal Descriptions.--The Secretary, the Secretary of Agriculture, and the Board may modify the descriptions of land specified in the Agreement to-- (1) correct errors; (2) make minor adjustments to the parcels based on a survey or other means; or (3) reconfigure the parcels to facilitate the land exchange. (b) Maps.--If there is a discrepancy between a map, acreage estimate, and written legal description of the Federal land or State land, the written legal description shall prevail. (c) Revocation of Orders.--Subject to valid existing rights, any public land orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit disposal of the Federal land. (d) Withdrawals.-- (1) Federal land.--Subject to valid existing rights, pending completion of the land exchange, the Federal land is withdrawn from-- (A) all forms of location, entry, and patent under the mining and public land laws; and (B) disposition under the mineral leasing laws and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (2) State land.--Subject to valid existing rights, the land transferred to the Secretary of Agriculture under section 4(a) and, on acquisition by the United States, the State land, are withdrawn from-- (A) all forms of location, entry, and patent under the mining and public land laws; and (B) disposition under the mineral leasing laws and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (3) Effect.--Nothing in this section precludes the Secretary or the Secretary of Agriculture from using common varieties of mineral materials for construction and maintenance of Federal roads and facilities on the State land acquired under this Act and any adjacent Federal land. (e) Congressional Finding on Need for Additional Analysis.-- Congress finds that-- (1) the Forest Service and the Bureau of Land Management have conducted adequate analyses and reviews of the environmental impacts of the exchange authorized under section 3(a); and (2) no further administrative or environmental analyses or examination shall be required to carry out any activities authorized under this Act.", "summary": "Idaho Land Enhancement Act - Directs the Secretaries of Agriculture and the Interior, if the State of Idaho offers to convey specified State land to the United States, to accept the offer, and on receipt of title to such land, simultaneously convey to the State specified Bureau of Land Management (BLM) and National Forest System land (the Federal land). Requires the value of the exchanged Federal and State lands to be: (1) equal; or (2) made equal by cash payment to the United States or the State. Sets forth requirements for the disposition and use of proceeds from cash equalization payments received by the United States. Requires the conveyance of certain easements or other rights-of-way. Directs the city of Boise, Idaho, to pay the administrative costs associated with such land exchange. Transfers administrative jurisdiction over specified BLM land in Shoshone County, Idaho, from the Secretary of the Interior to the Secretary of Agriculture. Considers the boundaries of the Idaho Panhandle National Forest and Clearwater National Forest, as modified by the exchange authorized by this Act, to be the boundaries of such Forests as of January 1, 1965. Revokes any public land orders withdrawing any of the Federal land from appropriation or disposal under the public land laws necessary to permit disposal of such land. Withdraws the Federal and State land from: (1) location, entry, and patent under the mining and public land laws; and (2) disposition under the mineral leasing laws and the Geothermal Steam Act of 1970."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Custodial Interrogation Recording Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the National Conference of Commissioners on Uniform State Laws, research has demonstrated that video recording of custodial interrogations furthers three important civic values: truth-finding, efficient and fair administration of justice, and protection of constitutional guarantees. See Richard A. Leo, Police Interrogation and American Justice 296- 305 (2008); Thomas P. Sullivan, Recording Federal Custodial Interviews, 45 Am. Crim. L. Rev. 1297 (2008). (2) Video recording of the entire process of custodial interrogation has proven to be a major advance in law enforcement, improving the ability to solve crimes and prove cases while lowering the overall costs of investigation and litigation. (3) Video recording of custodial interrogations promotes truth-finding in several ways, including by reducing the incentive to fabricate, compensating for faulty or unreliable recollections of witnesses, deterring problematic interrogation methods, filtering out weak cases, and enhancing the ability of finders of fact to assess witness credibility and veracity. (4) Video recording of custodial interrogations promotes efficiency in the administration of the criminal justice system by reducing the number of frivolous suppression motions, improving the quality of police investigations, improving the quality of review and case screening by prosecutors, and reducing the likelihood of hung juries. (5) Video recording of custodial interrogations safeguards constitutional rights and values by making it easier for courts to adjudicate motions to suppress, by making it easier for prosecutors to preserve and disclose material exculpatory evidence required under the Supreme Court decision in Brady v. Maryland, 373 U.S. 83 (1963), by making it easier for superiors to train police officers in how to comply with constitutional mandates and for the press, and by making it easier for the press, the judiciary, prosecutors, independent watchdog groups, and police administrators to identify and correct misuses of power by law enforcement. (6) Video recordings of custodial interrogations make it easier to identify and avoid biases, which would otherwise be difficult to detect and correct because such biases are often unconscious, thus operating outside police awareness. (7) Video recordings of custodial interrogations help to improve public confidence in the fairness and professionalism of policing, which in a democracy not only is a good in itself but also a proven means of reducing crime and enhancing citizen cooperation in solving crimes. (8) Video recording of the entire process of custodial interrogation is likely to be a major boon to law enforcement, improving its ability to prove its cases while lowering overall costs of investigation and litigation. Such recording will also, however, improve systemic accuracy, fairness to the accused and the State alike, protection of constitutional rights, and public confidence in the justice system. SEC. 3. AMENDMENT. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711) is amended-- (1) in section 1001(a), by adding at the end the following: ``(27) There are authorized to be appropriated to carry out part LL such sums as may be necessary for each of the first 5 fiscal years beginning after the date of the enactment of such part.''; and (2) by adding at the end the following: ``PART LL--CUSTODIAL INTERROGATION VIDEO RECORDING GRANTS ``SEC. 3021. CUSTODIAL INTERROGATION VIDEO RECORDING GRANTS. ``(a) Grant Program.--The Attorney General shall make grants to States and units of local government to take whatever steps the Attorney General determines to be necessary to achieve the complete and accurate recording, by both audio and video means, of every custodial interrogation occurring within the State or unit of local government. ``(b) Matching Requirement.--The portion of the costs of a program funded by a grant under this section may not exceed 75 percent. ``(c) Definition of Custodial Interrogation.--In this section, the term `custodial interrogation' means questioning or other conduct by a law enforcement officer which is reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody.''.", "summary": "Custodial Interrogation Recording Act Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to make grants to states and local governments for the complete and accurate recording, by both audio and video means, of every custodial interrogation occurring within the state or unit of local government."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker-Executive Parity Act of 2009''. SEC. 2. TREATMENT FOR COVERED DEFERRED EXECUTIVE COMPENSATION ARRANGEMENTS WHICH IS COMPARABLE TO CERTAIN FUNDING-BASED LIMITS ON BENEFITS AND BENEFIT ACCRUALS IMPOSED ON DEFINED BENEFIT PENSION PLANS. (a) In General.--Section 206(g) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)) is amended-- (1) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (2) by inserting after paragraph (8) the following new paragraph: ``(9) Comparable treatment for covered deferred executive compensation arrangements.-- ``(A) In general.--In any case in which a limitation applies under paragraph (2), (3), or (4) for any plan year in the case of a defined benefit plan which is a single-employer plan-- ``(i) no amount of deferred compensation may accrue to a disqualified individual during such plan year under the terms of any covered deferred executive compensation arrangement maintained by the plan sponsor (irrespective of whether the accrual in deferred compensation is expressed in the form of a promise, a guarantee, or any other representation), and ``(ii) in the case of such an arrangement established during or after the 1-year period preceding such plan year (or any amendment to such an arrangement if such amendment is adopted during or after such 1-year period), no distribution of accrued deferred compensation may be made under such arrangement (or such amendment) to a disqualified individual during such plan year. ``(B) Covered deferred executive compensation arrangement defined.-- ``(i) In general.--For purposes of this paragraph, the term `covered deferred executive compensation arrangement' means any arrangement providing for the deferral of compensation of a disqualified individual, whether or not-- ``(I) compensation of the disqualified individual which is deferred under such arrangement is subject to substantial risk of forfeiture, ``(II) the disqualified individual's rights to the compensation deferred under the arrangement are no greater than the rights of a general creditor of the plan sponsor, ``(III) all amounts set aside (directly or indirectly) for purposes of paying the deferred compensation (including income), and all income attributable to such amounts, remain (until made available to the disqualified individual or other beneficiary) solely the property of the plan sponsor (without being restricted to the provision of benefits under the arrangement), ``(IV) the amounts referred to in subclause (III) are available to satisfy the claims of the plan sponsor's general creditors at all times (not merely after bankruptcy or insolvency), and ``(V) some or all of the compensation of the disqualified individual which is deferred under such arrangement is guaranteed by an insurance company, insurance service, or other similar organization. ``(ii) Exception for qualified arrangements.--Such term shall not include a arrangement that is-- ``(I) described in section 219(g)(5)(A) of the Internal Revenue Code of 1986, or ``(II) an eligible deferred compensation plan (as defined in section 457(b) of such Code) of an eligible employer described in section 457(e)(1)(A) of such Code. ``(C) Disqualified individual defined.--For purposes of this paragraph, the term `disqualified individual' means a director or executive officer of the plan sponsor.''. (b) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after the date of the enactment of this Act.", "summary": "Worker-Executive Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), in instances where a single-employer defined benefit pension plan is subject to certain funding-based limits on benefits and benefit accruals under the Pension Protection Act of 2006, to prohibit: (1) the accrual of deferred compensation to a disqualified individual pursuant to a covered deferred executive compensation arrangement during a plan year; and (2) the distribution of accrued deferred compensation to such individual during a plan year when such arrangements are established during or after the one-year period preceding the plan year."}
{"article": "SECTION 1. EXTENSION OF AUTHORITY TO MAYOR OF THE DISTRICT OF COLUMBIA. (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled ``An Act to provide for the organization of the militia of the District of Columbia, and for other purposes'', approved March 1, 1889 (sec. 39- 109, D.C. Code), is amended by striking out ``President of the United States'' and inserting in lieu thereof ``Mayor of the District of Columbia''. (b) Reserve Corps.--Section 72 of such Act (sec. 39-107, D.C. Code) is amended by striking out ``President of the United States'' and inserting in lieu thereof ``Mayor of the District of Columbia''. (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 39-301(a), D.C. Code) is amended-- (A) by striking out ``President of the United States'' and inserting in lieu thereof ``Mayor of the District of Columbia''; and (B) by striking out ``President.'' and inserting in lieu thereof ``Mayor.''. (2) Section 9 of such Act (sec. 39-304, D.C. Code) is amended by striking out ``President'' and inserting in lieu thereof ``Mayor of the District of Columbia''. (3) Section 13 of such Act (sec. 39-305, D.C. Code) is amended by striking out ``President of the United States'' and inserting in lieu thereof ``Mayor of the District of Columbia''. (4) Section 19 of such Act (sec. 39-311, D.C. Code) is amended-- (A) in subsection (a), by striking out ``to the Secretary of the Army'' and all that follows through ``which board'' and inserting in lieu thereof ``to a board of examination appointed by the Commanding General, which''; and (B) in subsection (b), by striking ``the Secretary of the Army'' and all that follows through the period and inserting in lieu thereof ``the Mayor of the District of Columbia, together with any recommendations of the Commanding General.''. (5) Section 20 of such Act (sec. 39-312, D.C. Code) is amended-- (A) by striking out ``President of the United States'' each place it appears and inserting in lieu thereof ``Mayor of the District of Columbia''; and (B) by striking out ``the President may retire'' and inserting in lieu thereof ``the Mayor may retire''. (d) Call for Duty.--(1) Section 45 of such Act (sec. 39-603, D.C. Code) is amended by striking out ``, or for the United States Marshal'' and all that follows through ``shall thereupon order'' and inserting in lieu thereof ``to order''. (2) Section 46 of such Act (sec. 39-604, D.C. Code) is amended by striking out ``the President'' and inserting in lieu thereof ``the Mayor of the District of Columbia''. (e) General Courts Martial.--Section 51 of such Act (sec. 39-803, D.C. Code) is amended by striking out ``the President of the United States'' and inserting in lieu thereof ``the Mayor of the District of Columbia''. SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Consent for Active Duty or Relocation.--(1) Section 672 of title 10, United States Code, is amended-- (A) in subsection (b), by striking out ``commanding general of the District of Columbia National Guard'' in the second sentence and inserting in lieu thereof ``Mayor of the District of Columbia''; and (B) in subsection (d), by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (2) Section 2238 of such title is amended by striking out ``, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia'' and inserting in lieu thereof ``the Mayor of the District of Columbia, as the case may be''. (3) Section 3500 of such title is amended by striking out ``, in the District of Columbia, through the commanding general of the National Guard of the District of Columbia'' in the second sentence and inserting in lieu thereof ``the Mayor of the District of Columbia, as the case may be''. (4) Section 4301(c) of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (5) Section 8500 of such title is amended by striking out ``, in the District of Columbia, through the commanding general of the National Guard of the District of Columbia'' in the second sentence and inserting in lieu thereof ``the Mayor of the District of Columbia, as the case may be''. (6) Section 9301(c) of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (b) Consent for Personnel Actions.--(1) Section 269(g) of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (2) Section 270(c) of such title is amended by striking out ``commanding general of the District of Columbia National Guard'' in the first sentence and inserting in lieu thereof ``Mayor of the District of Columbia''. (3) Section 3259 of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' in the first sentence and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (4) Section 3352(a) of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' in the first sentence and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (5) Section 3364 of such title is amended-- (A) in subsection (g), by striking out ``governor or other appropriate authority of the State, Territory or Puerto Rico, or the commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''; and (B) in subsection (j), by striking out ``governor or other appropriate authority of the State, Territory or Puerto Rico, or the commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (6) Section 3370(d) of such title is amended by striking out ``governor or other appropriate authority of the State, Territory, or Puerto Rico, or the commanding general of the District of Columbia National Guard'' in the fourth sentence and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (7) Section 8259 of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' in the first sentence and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (8) Section 8352(a) of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE. (a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking out ``(or commanding general in the case of the District of Columbia)''. (b) Drug Interdiction and Counter-drug Activities.--Section 112(f)(2) of such title is amended by striking out ``the Commanding General of the National Guard of the District of Columbia'' and inserting in lieu thereof ``the Mayor of the District of Columbia''. (c) Appointment of Adjutant General.--Section 314 of such title is amended-- (1) by striking out subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated)-- (A) by inserting ``, at the request of the Mayor of the District of Columbia,''; and (B) by striking out ``recommended for that detail by the commanding general of the District of Columbia National Guard''. (d) Personnel Matters.--(1) Section 327(a) of such title is amended by striking out ``the commanding general of the National Guard of the District of Columbia'' and inserting in lieu thereof ``the Mayor of the District of Columbia, as the case may be''. (2) Section 331 of such title is amended by striking out ``its commanding general'' and inserting in lieu thereof ``the Mayor of the District of Columbia''. (3) Section 505 of such title is amended by striking out ``commanding general of the National Guard of the District of Columbia'' in the first sentence and inserting in lieu thereof ``Mayor of the District of Columbia''. (e) Issuance of Supplies.--Section 702(a) of such title is amended by striking out ``commanding general of the National Guard of the District of Columbia'' and inserting in lieu thereof ``Mayor of the District of Columbia''. (f) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking out ``commanding general of the National Guard of the District of Columbia'' and inserting in lieu thereof ``Mayor of the District of Columbia''. SEC. 4. CONFORMING AMENDMENTS TO THE NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PILOT PROGRAM. Section 1091 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 32 U.S.C. 501 note) is amended-- (1) in subsection (d), by striking out ``commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``Mayor of the District of Columbia''; (2) in subsection (g)(3), by striking out ``commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``Mayor of the District of Columbia''; (3) in subsection (j)(1)-- (A) by striking out ``, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``the Mayor of the District of Columbia''; and (B) by striking out ``or the commanding general'' and inserting in lieu thereof ``or the Mayor of the District of Columbia''; (4) in subsection (j)(2), by striking out ``the commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``the Mayor of the District of Columbia''; and (5) in subsection (k)(2), by striking out ``the commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``the Mayor of the District of Columbia''. SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA SELF- GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT. Section 602(b) of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code section 1-233(b)) is amended by striking out ``the National Guard of the District of Columbia,''.", "summary": "Amends the District of Columbia code to make the Mayor of the District of Columbia the Commander-in-Chief of the militia of the District (National Guard) with jurisdiction over: (1) the reserve corps; (2) the appointment of commissioned officers; (3) the call for duty; and (4) general courts-martial."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Totalization Agreement Reform Act of 2007''. SEC. 2. TRANSMITTAL AND APPROVAL OF TOTALIZATION AGREEMENTS. (a) In General.--Section 233(e) of the Social Security Act (42 U.S.C. 433(e)) is amended to read as follows: ``(e) (1) Any agreement to establish a totalization arrangement which is entered into with another country under this section shall enter into force with respect to the United States if (and only if)-- ``(A) the President, at least 90 calendar days before the date on which the President enters into the agreement, notifies each House of the Congress of the President's intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register, ``(B) the President transmits the text of such agreement to each House of the Congress as provided in paragraph (2), and ``(C) an approval resolution regarding such agreement has passed both Houses of the Congress and has been enacted into law. ``(2)(A) Whenever an agreement referred to in paragraph (1) is entered into, the President shall transmit to each House of the Congress a document setting forth the final legal text of such agreement and including a report by the President in support of such agreement. The President's report shall include the following: ``(i) an estimate by the Chief Actuary of the Social Security Administration of the effect of the agreement, in the short term and in the long term, on the receipts and disbursements under the social security system established by this title; ``(ii) a statement of any administrative action proposed to implement the agreement and how such action will change or affect existing law, ``(iii) a statement describing whether and how the agreement changes provisions of an agreement previously negotiated, ``(iv) a statement describing how and to what extent the agreement makes progress in achieving the purposes, policies, and objectives of this title, ``(v) an estimate by the Chief Actuary of the Social Security Administration, working in consultation with the Comptroller General of the United States, of the numbers of individuals who may become eligible for any benefits under this title by reason of the agreement or who may otherwise be affected by the agreement, ``(vi) an assessment of the integrity of the retirement data and records (including birth, death, and marriage records) of the other country that is a party to the agreement, and ``(vii) an assessment of the ability of such other country to track and monitor recipients of benefits affected by such agreement. ``(B) If any separate agreement or other understanding with another country (whether oral or in writing) relating to an agreement to establish a totalization arrangement under this section is not disclosed to the Congress in the transmittal to the Congress under this paragraph of the agreement to establish a totalization arrangement, then such separate agreement or understanding shall not be considered to be part of the agreement approved by the Congress under this section and shall have no force and effect under United States law. ``(3) For purposes of this subsection, the term `approval resolution' means a joint resolution, the matter after the resolving clause of which is as follows: `That the proposed agreement entered into pursuant to section 233 of the Social Security Act between the United States and _______ establishing totalization arrangements between the social security system established by title II of such Act and the social security system of _______, transmitted to the Congress by the President on ______, is hereby approved.', the first two blanks therein being filled with the name of the country with which the United States entered into the agreement, and the third blank therein being filled with the date of the transmittal of the agreement to the Congress. ``(4) The succeeding paragraphs of this subsection are enacted by the Congress-- ``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of disapproval resolutions and approval resolutions, and they supersede other rules only to the extent that they are inconsistent therewith; and ``(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. ``(5)(A) Whenever a document setting forth an agreement entered into under this section and the President's report in support of the agreement is transmitted to the Congress pursuant to paragraph (2), copies of such document shall be delivered to both Houses of Congress on the same day and shall be delivered to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session. ``(6)(A) On the day on which a document setting forth the agreement is transmitted to the House of Representatives and the Senate pursuant to paragraph (1), an approval resolution with respect to such agreement shall be introduced (by request) in the House by the majority leader of the House, for himself or herself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself or herself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such an agreement is transmitted, the approval resolution with respect to such agreement shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. The resolution introduced in the House of Representatives shall be referred to the Committee on Ways and Means and the resolution introduced in the Senate shall be referred to the Committee on Finance. ``(B) No amendment to the approval resolution shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this clause shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this clause by unanimous consent. ``(C) If the committee of either House to which an approval resolution has been referred has not reported it at the close of the 45th day after its introduction, such committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the appropriate calendar. A vote on final passage of the resolution shall be taken in each House on or before the close of the 15th day after the resolution is reported by the committee of that House to which it was referred, or after such committee has been discharged from further consideration of the resolution. ``(D)(i) On or after the third day after the date on which the committee to which the approval resolution is referred has reported, or has been discharged from further consideration of, such resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the respective House the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the Committee on Ways and Means. All points of order against the approval resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the approval resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. ``(ii) Debate on the approval resolution, and on all debatable motions and appeals in connection with the resolution, shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. ``(iii) Immediately following the conclusion of the debate in the respective House on the approval resolution and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the respective House, the vote on final passage of the resolution shall occur. ``(iv) Appeals from the decisions of the Presiding Officer relating to the application of the rules of the respective House to the procedure relating to the approval resolution shall be decided without debate. ``(v) A motion to reconsider the vote by which the approval resolution is agreed to or disagreed to is not in order. ``(E) For purposes of this paragraph, in computing a number of days in either House, there shall be excluded any day on which that House is not in session. ``(7)(A) If, before the passage by one House of an approval resolution of that House, that House receives an approval resolution from the other House, then the following procedures shall apply: ``(i) The approval resolution of the other House shall not be referred to a committee and may not be considred in the House receiving it except in the case of final passage as provided in clause (ii)(II). ``(ii) With respect to an approval resolution of the House receiving the resolution-- ``(I) the procedure in that House shall be the same as if no resolution had been received from the other House, and ``(II) the vote on final passage shall be on the resolution of the other House. ``(B) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.''. (b) Additional Reports and Evaluations.--Section 233 of such Act is amended further by adding at the end the following new subsections: ``(f) Biennial SSA Report on Impact of Totalization Agreements.-- Not later than 2 years after the effective date of each totalization agreement that is transmitted to the Congress pursuant to subsection (e), and biennially thereafter, the Commissioner of Social Security shall submit to each House of the Congress and to the Comptroller General a report relating to such agreement. Such report shall-- ``(1) compare the estimates contained in the report submitted to Congress under clauses (i) and (v) of subsection (e)(2)(A) with respect to that agreement with the actual number of individuals affected by the agreement and the actual effect of the agreement on receipts and disbursements of the social security system established by this title; and ``(2) contain recommendations for adjusting the methods used to make the estimates. ``(g) GAO Evaluation and Report.-- ``(1) Evaluation of initial report on impact of totalization agreements.--With respect to each initial report regarding a totalization agreement submitted under subsection (f), the Comptroller General of the United States shall conduct an evaluation of the report that includes-- ``(A) an evaluation of the procedures used for making the estimates required by subsection (e)(2)(A); ``(B) an evaluation of the procedures used for determining the actual number of individuals affected by the agreement and the effects of the totalization agreement on receipts and disbursements under the social security system established by this title; and ``(C) such recommendations as the Comptroller General determines appropriate. ``(2) Report.--Not later than 1 year after the date of the submission of an initial report regarding a totalization agreement under subsection (f), the Comptroller General shall submit to Congress a report setting forth the results of the evaluation conducted under paragraph (1). ``(3) Data collection.--The Commissioner of Social Security shall collect and maintain the data necessary for the Comptroller General of the United States to conduct the evaluation required by paragraph (1).''. (c) Effective Date.--The amendments made by this section shall apply with respect to agreements establishing totalization arrangements entered into under section 233 of the Social Security Act with are transmitted to the Congress on or after January 1, 2007.", "summary": "Social Security Totalization Agreement Reform Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that any agreement to establish a totalization arrangement which is entered into with another country shall enter into force with respect to the United States if (and only if): (1) the President, at least 90 calendar days before the date on which he enters into the agreement, notifies each House of Congress of his intention to enter into it, and promply thereafter publishes notice of such intention in the Federal Register; (2) he transmits the text of such agreement to each House of the Congress; and (3) a joint resolution regarding such agreement has passed both Houses of Congress and been enacted into federal law. Sets forth procedures for the consideration of such a joint resolution."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Medical Device Innovation Act''. SEC. 2. RECOGNITION OF STANDARDS. (a) In General.--Section 514(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360d(c)) is amended-- (1) in paragraph (1), by inserting after subparagraph (B) the following new subparagraphs: ``(C)(i) Any person may submit a request for recognition under subparagraph (A) of all or part of an appropriate standard established by a nationally or internationally recognized standard organization. ``(ii) Not later than 60 calendar days after the Secretary receives such a request, the Secretary shall-- ``(I) make a determination to recognize all, part, or none of the standard that is the subject of the request; and ``(II) issue to the person who submitted such request a response in writing that states the Secretary's rationale for that determination, including the scientific, technical, regulatory, or other basis for such determination. ``(iii) The Secretary shall take such actions as may be necessary to implement all or part of a standard recognized under subclause (I) of clause (ii), in accordance with subparagraph (A). ``(D) The Secretary shall make publicly available, in such manner as the Secretary determines appropriate, the rationale for recognition of all, part, or none of a standard, including the scientific, technical, regulatory, or other basis for the decision regarding such recognition.''; and (2) by adding at the end the following: ``(4) Training on use of standards.--The Secretary shall provide to all employees of the Food and Drug Administration who review premarket submissions for devices periodic training on the concept and use of recognized standards for purposes of meeting a premarket submission requirement or other applicable requirement under this Act, including standards relevant to an employee's area of device review.''. (b) Guidance.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall review and update, if necessary, previously published guidance and standard operating procedures identifying the principles for recognizing standards, and for withdrawing the recognition of standards, under section 514(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360d(c)), taking into account the experience with and reliance on a standard by foreign regulatory authorities and the device industry, and whether recognition of a standard will promote harmonization among regulatory authorities in the regulation of devices. SEC. 3. CERTAIN CLASS I AND CLASS II DEVICES. (a) Class I Devices.--Section 510(l) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(l)) is amended-- (1) by striking ``A report under subsection (k)'' and inserting ``(1) A report under subsection (k)''; and (2) by adding at the end the following new paragraph: ``(2) Not later than 120 calendar days after the date of enactment of the Improving Medical Device Innovation Act and at least once every 5 years thereafter, as the Secretary determines appropriate, the Secretary shall identify, through publication in the Federal Register, any type of class I device that the Secretary determines no longer requires a report under subsection (k) to provide reasonable assurance of safety and effectiveness. Upon such publication-- ``(A) each type of class I device so identified shall be exempt from the requirement for a report under subsection (k); and ``(B) the classification regulation applicable to each such type of device shall be deemed amended to incorporate such exemption.''. (b) Class II Devices.--Section 510(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(m)) is amended-- (1) by striking paragraph (1) and inserting the following new paragraph: ``(1) The Secretary shall-- ``(A) not later than 90 days after the date of enactment of the Improving Medical Device Innovation Act and at least once every 5 years thereafter, as the Secretary determines appropriate-- ``(i) publish in the Federal Register a notice that contains a list of each type of class II device that the Secretary determines no longer requires a report under subsection (k) to provide reasonable assurance of safety and effectiveness; and ``(ii) provide for a period of not less than 60 calendar days for public comment beginning on the date of the publication of such notice; and ``(B) not later than 210 calendar days after the date of enactment of the Improving Medical Device Innovation Act, publish in the Federal Register a list representing the Secretary's final determination with respect to the devices contained in the list published under subparagraph (A).''; and (2) in paragraph (2)-- (A) by striking ``1 day after the date of publication of a list under this subsection,'' and inserting ``1 calendar day after the date of publication of the final list under paragraph (1)(B),''; and (B) by striking ``30-day period'' and inserting ``60-calendar-day period''; and (C) by adding at the end the following new paragraph: ``(3) Upon the publication of the final list under paragraph (1)(B)-- ``(A) each type of class II device so listed shall be exempt from the requirement for a report under subsection (k); and ``(B) the classification regulation applicable to each such type of device shall be deemed amended to incorporate such exemption.''. SEC. 4. CLASSIFICATION PANELS. (a) Classification Panels.--Paragraph (5) of section 513(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(b)) is amended-- (1) by striking ``(5)'' and inserting ``(5)(A)''; and (2) by adding at the end the following: ``(B) When a device is specifically the subject of review by a classification panel, the Secretary shall-- ``(i) ensure that adequate expertise is represented on the classification panel to assess-- ``(I) the disease or condition which the device is intended to cure, treat, mitigate, prevent, or diagnose; and ``(II) the technology of the device; and ``(ii) provide an opportunity for the person whose device is specifically the subject of panel review to provide recommendations on the expertise needed among the voting members of the panel. ``(C) For purposes of subparagraph (B)(i), the term `adequate expertise' means that the membership of the classification panel includes-- ``(i) two or more voting members, with a specialty or other expertise clinically relevant to the device under review; and ``(ii) at least one voting member who is knowledgeable about the technology of the device. ``(D) The Secretary shall provide an annual opportunity for patients, representatives of patients, and sponsors of medical device submissions to provide recommendations for individuals with appropriate expertise to fill voting member positions on classification panels.''. (b) Panel Review Process.--Section 513(b)(6) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(b)(6)) is amended-- (1) in subparagraph (A)(iii), by inserting before the period at the end ``, including by designating a representative who will be provided a time during the panel meeting to address the panel individually (or accompanied by experts selected by such representative) for the purpose of correcting misstatements of fact or providing clarifying information, subject to the discretion of the panel chairperson''; and (2) by striking subparagraph (B) and inserting the following new subparagraph: ``(B)(i) Any meeting of a classification panel with respect to the review of a device shall-- ``(I) provide adequate time for initial presentations by the person whose device is specifically the subject of such review and by the Secretary; and ``(II) provide adequate time for and encourage free and open participation by all interested persons. ``(ii) Following the initial presentations described in clause (i), the panel may-- ``(I) pose questions to the designated representative described in subparagraph (A)(iii); and ``(II) consider the responses to such questions in the panel's review of the device.''. SEC. 5. POSTMARKET PILOT TO IMPROVE MEDICAL DEVICE REPORTING. (a) Pilot Projects.-- (1) In general.--In order to improve the value and efficiency of reporting so as to advance the objectives of section 519(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i(a)), within one year of the date of enactment of this Act, the Secretary of Health and Human Services shall establish one or more pilot projects, in coordination with device manufacturers, to explore and evaluate the use of alternative methods of compliance with such subsection for manufacturers of devices described in section 513(a)(1)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(a)(1)(C)). (2) Voluntary participation.--Participation in such pilot projects shall be voluntary for device manufacturers. The Secretary may establish the conditions for such voluntary participation and may establish a process for authorizing participation. (3) Purposes.--The pilot projects established under paragraph (1) shall be designed to-- (A) test methods of reporting for one or more device types, with priority given to devices for which device manufacturers submit a relatively high volume of reports under the regulations implementing section 519(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i(a)); (B) evaluate forms of data monitoring and reporting that improve the usability of report data by focusing on events and information that are most relevant to reasonably assuring the safety and effectiveness of the device; (C) identify methods of reporting that will be least burdensome for device manufacturers; and (D) evaluate methods that are alternative to, and do not duplicate, compliance with requirements of part 803 of title 21, Code of Federal Regulations (or successor regulations). (4) Notification to congress.--The Secretary of Health and Human Services shall notify the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives not later than 18 months after the date of enactment of this Act of the number of manufacturers that have agreed to participate in a pilot project under this subsection with the Secretary of Health and Human Services. (5) Rule of construction.--Nothing in this subsection shall limit the authority of the Secretary of Health and Human Services to provide for alternative methods of medical device reporting under part 803 of title 21, Code of Federal Regulations (or successor regulations), including such methods described in this subsection. (6) Compliance with requirements for records or reports on devices.-- (A) In general.--A device manufacturer that participates in a pilot project under this subsection shall be required to comply with all applicable provisions of section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i), and implementing regulations, except as described in subparagraph (B). (B) Conditional exemption.--The Secretary may determine that, for a specified time period to be determined by the Secretary, a manufacturer participating in a pilot project under this subsection is exempt from certain provisions of section 519(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i(a)), and implementing regulations, if such manufacturer complies with the conditions set forth in a pilot project under this subsection. (b) GAO Review.-- (1) Review of pilot projects.--The Comptroller General of the United States shall conduct a review of the pilot projects established under subsection (a), and of the reporting system under part 803 of title 21, Code of Federal Regulations (or successor regulations). (2) Report.--Not later than January 31, 2021, the Comptroller General of the United States shall submit to Congress a report containing the results of the review described in paragraph (1). Such report shall analyze the value, efficiency, and effectiveness of reporting methods under subsections (a) and (b) of section 519 of Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i) and identify any recommendations for statutory amendments that would enhance the objectives of section 519(a) of such Act.", "summary": "Improving Medical Device Innovation Act This bill amends the Federal Food, Drug, and Cosmetic Act to revise provisions related to medical device performance standards, reporting requirements, and classification panels. A person may request that the Food and Drug Administration (FDA) recognize a performance standard established by a recognized standards organization as a standard to which a medical device may conform in order to meet an FDA requirement. When a request to recognize a standard is received, the FDA must determine whether to recognize all, part, or none of the standard and publish the rationale for that determination. (Currently, the FDA recognizes certain performance standards, but it is not required to respond to requests or publish rationales.) The FDA must: train employees who review premarket submissions for medical devices on recognized standards; review its published principles for recognizing standards; identify types of medical devices for which a premarket report is no longer needed to provide reasonable assurance of safety and effectiveness; ensure that adequate expertise is represented on medical device classification panels; provide an opportunity for a person whose premarket submission is subject to review by a classification panel to recommend expertise needed on the panel; and provide opportunities for patients, patient representatives, and medical device sponsors to recommend individuals for positions on classification panels. The FDA, in coordination with medical device manufacturers, must establish pilot projects to evaluate alternative methods of compliance with reporting requirements for certain medical devices. The Government Accountability Office must report on these pilot projects."}
{"article": "SECTION 1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION PROGRAM. Part Q of title III (42 U.S.C. 280h et seq.) is amended by inserting after section 399W the following: ``SEC. 399W-1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION PROGRAM. ``(a) Program.--The Secretary shall establish a community-based overweight and obesity prevention program consisting of awarding grants and contracts under subsection (b). ``(b) Grants.--The Secretary shall award grants to, or enter into contracts with, eligible entities-- ``(1) to plan evidence-based programs for the prevention of overweight and obesity among children and their families through improved nutrition and increased physical activity; or ``(2) to implement such programs. ``(c) Eligibility.--To be eligible for a grant or contract under subsection (b), an entity shall be a community partnership that demonstrates community support and includes-- ``(1) a broad cross section of stakeholders, such as-- ``(A) hospitals, health care systems, community health centers, or other health care providers; ``(B) universities, local educational agencies, or childcare providers; ``(C) State, local, and tribal health departments; ``(D) State, local, and tribal park and recreation departments; ``(E) employers; and ``(F) health insurance companies; ``(2) residents of the community; and ``(3) representatives of public and private entities that have a history of working within and serving the community. ``(d) Period of Awards.-- ``(1) In general.--The period of a grant or contract under this section shall be 5 years, subject to renewal under paragraph (2). ``(2) Renewal.--At the end of each fiscal year, the Secretary may renew a grant or contract award under this section only if the grant or contract recipient demonstrates to the Secretary's satisfaction that the recipient has made appropriate, measurable progress in preventing overweight and obesity. ``(e) Requirements.-- ``(1) In general.--The Secretary may award a grant or contract under this section to an entity only if the entity demonstrates to the Secretary's satisfaction that-- ``(A) not later than 90 days after receiving the grant or contract, the entity will establish a steering committee to provide input on the assessment of, and recommendations on improvements to, the entity's program funded through the grant or contract; and ``(B) the entity has conducted or will conduct an assessment of the overweight and obesity problem in its community, including the extent of the problem and factors contributing to the problem. ``(2) Matching requirement.--The Secretary may award a grant or contract to an eligible entity under this section only if the entity agrees to provide, from non-Federal sources, an amount equal to $1 (in cash or in kind) for each $9 provided through the grant or contract to carry out the activities supported by the grant or contract. ``(3) Payor of last resort.--The Secretary may award a grant or contract under this section to an entity only if the entity demonstrates to the satisfaction of the Secretary that funds received through the grant or contract will not be expended for any activity to the extent that payment has been made, or can reasonably be expected to be made-- ``(A) under any insurance policy; ``(B) under any Federal or State health benefits program (including titles XIX and XXI of the Social Security Act); or ``(C) by an entity which provides health services on a prepaid basis. ``(4) Maintenance of effort.--The Secretary may award a grant or contract under this section to an entity only if the entity demonstrates to the satisfaction of the Secretary that-- ``(A) funds received through the grant or contract will be expended only to supplement, and not supplant, non-Federal and Federal funds otherwise available to the entity for the activities to be funded through the grant or contract; and ``(B) with respect to such activities, the entity will maintain expenditures of non-Federal amounts for such activities at a level not less than the lesser of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives the grant or contract. ``(f) Preferences.--In awarding grants and contracts under this section, the Secretary shall give preference to eligible entities that-- ``(1) will serve communities with high levels of overweight and obesity and related chronic diseases; or ``(2) will plan or implement activities for the prevention of overweight and obesity in school or workplace settings. ``(g) Report.--The Secretary shall submit to the Congress an annual report on the program of grants and contracts awarded under this section. ``(h) Definitions.--In this section: ``(1) The term `evidence-based' means that methodologically sound research has demonstrated a beneficial health effect in the judgment of the Secretary and includes the Ways to Enhance Children's Activity and Nutrition (We Can) program and curriculum of the National Institutes of Health. ``(2) The term `local educational agency' has the meaning given to the term in section 9101 of the Elementary and Secondary Education Act of 1965. ``(i) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2011 and such sums as may be necessary for each of fiscal years 2012 through 2015.''.", "summary": "Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish a community-based overweight and obesity prevention program under which the Secretary shall award grants to, or enter into contracts with, eligible entities to plan and implement evidence-based programs for the prevention of overweight and obesity among children and their families through improved nutrition and increased physical activity. Sets the period of a grant or contract at five years, subject to renewal. Requires an entity, to be eligible, to be a community partnership that demonstrates community support. Authorizes the Secretary to award a grant or contract to only an entity that: (1) demonstrates that it will establish a steering committee to provide input on the assessment of, and improvements to, the entity's program and has conducted or will conduct an assessment of the overweight and obesity problem in its community; (2) agrees to provide non-federal amounts equal to $1 for each $9 provided; and (3) demonstrates that it will maintain its previous level of spending for funded activities. Directs the Secretary to give preference to entities that will: (1) serve communities with high levels of overweight and obesity and related chronic diseases; and (2) plan or implement activities for the prevention of overweight and obesity in school or workplace settings."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Duty Suspension Process Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (2) Commission.--The term ``Commission'' means the United States International Trade Commission. (3) Duty suspension or reduction.--The term ``duty suspension or reduction'' means an amendment to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States-- (A) extending an existing temporary suspension or reduction of duty on an article under that subchapter; or (B) providing for a new temporary suspension or reduction of duty on an article under that subchapter. SEC. 3. RECOMMENDATIONS BY UNITED STATES INTERNATIONAL TRADE COMMISSION FOR DUTY SUSPENSIONS AND REDUCTIONS. (a) Establishment of Review Process.--Not later than 30 days after the date of the enactment of this Act, the Commission shall complete all actions necessary to establish a process pursuant to which the Commission will-- (1) review each article with respect to which a duty suspension or reduction may be made-- (A) at the initiative of the Commission; or (B) pursuant to a petition submitted or referred to the Commission under subsection (b); and (2) submit a draft bill to the appropriate congressional committees under subsection (d). (b) Petitions.-- (1) In general.--As part of the process established under subsection (a), the Commission shall establish procedures under which a petition requesting the Commission to review a duty suspension or reduction pursuant to that process may be-- (A) submitted to the Commission by a member of the public; or (B) referred to the Commission by a Member of Congress. (2) Requirements.--A petition submitted or referred to the Commission under paragraph (1) shall be submitted or referred at such time and in such manner and shall include such information as the Commission may require. (3) No preferential treatment for members of congress.--A petition referred to the Commission by a Member of Congress under subparagraph (B) of paragraph (1) shall receive treatment no more favorable than the treatment received by a petition submitted to the Commission by a member of the public under subparagraph (A) of that paragraph. (c) Public Comments.--As part of the process established under subsection (a), the Commission shall establish procedures for-- (1) notifying the public when the Commission initiates the process of reviewing articles with respect to which duty suspensions or reductions may be made and distributing information about the process, including by-- (A) posting information about the process on the website of the Commission; and (B) providing that information to trade associations and other appropriate organizations; (2) not later than 45 days before submitting a draft bill to the appropriate congressional committees under subsection (d), notifying the public of the duty suspensions and reductions the Commission is considering including in the draft bill; and (3) providing the public with an opportunity to submit comments with respect to any of those duty suspensions or reductions. (d) Submission of Draft Bill.-- (1) In general.--The Commission shall submit to the appropriate congressional committees a draft bill that contains each duty suspension or reduction that the Commission determines, pursuant to the process established under subsection (a) and after conducting the consultations required by subsection (e), meets the requirements described in subsection (f), not later than-- (A) the date that is 120 days after the date of the enactment of this Act; (B) January 1, 2015; and (C) January 1, 2018. (2) Effective period of duty suspensions and reductions.-- Duty suspensions and reductions included in a draft bill submitted under paragraph (1) shall be effective for a period of not less than 3 years. (3) Special rule for first submission.--In the draft bill required to be submitted under paragraph (1) not later than the date that is 120 days after the date of the enactment of this Act, the Commission shall be required to include only duty suspensions and reductions with respect to which the Commission has sufficient time to make a determination under that paragraph before the draft bill is required to be submitted. (e) Consultations.--In determining whether a duty suspension or reduction meets the requirements described in subsection (f), the Commission shall, not later than 30 days before submitting a draft bill to the appropriate congressional committees under subsection (d), conduct consultations with the Commissioner responsible for U.S. Customs and Border Protection, the Secretary of Commerce, the United States Trade Representative, and the heads of other relevant Federal agencies. (f) Requirements for Duty Suspensions and Reductions.-- (1) In general.--A duty suspension or reduction meets the requirements described in this subsection if-- (A) the duty suspension or reduction can be administered by U.S. Customs and Border Protection; (B) the estimated loss in revenue to the United States from the duty suspension or reduction does not exceed the dollar amount specified in paragraph (2) in a calendar year during which the duty suspension or reduction would be in effect; and (C) on the date on which the Commission submits a draft bill to the appropriate congressional committees under subsection (d) that includes the duty suspension or reduction, the article to which the duty suspension or reduction would apply is not produced in the United States and is not expected to be produced in the United States during the subsequent 12-month period. (2) Dollar amount specified.-- (A) In general.--The dollar amount specified in this paragraph is-- (i) for calendar year 2013, $500,000; and (ii) for any calendar year after calendar year 2013, an amount equal to $500,000 increased or decreased by an amount equal to-- (I) $500,000, multiplied by (II) the percentage (if any) of the increase or decrease (as the case may be) in the Consumer Price Index for the preceding calendar year compared to the Consumer Price Index for calendar year 2012. (B) Rounding.--Any increase or decrease under subparagraph (A) of the dollar amount specified in this paragraph shall be rounded to the nearest dollar. (C) Consumer price index for any calendar year.-- For purposes of this paragraph, the Consumer Price Index for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on September 30 of that calendar year. (D) Consumer price index defined.--For purposes of this paragraph, the term ``Consumer Price Index'' means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (3) Consideration of relevant information.--In determining whether a duty suspension or reduction meets the requirements described in paragraph (1), the Commission may consider any information the Commission considers relevant to the determination. (4) Judicial review precluded.--A determination of the Commission with respect to whether or not a duty suspension or reduction meets the requirements described in paragraph (1) shall not be subject to judicial review. (g) Reports Required.-- (1) In general.--Each time the Commission submits a draft bill under subsection (d), the Commission shall submit to the appropriate congressional committees a report on the duty suspensions and reductions contained in the draft bill that includes-- (A) the views of the head of each agency consulted under subsection (e); and (B) any objections received by the Commission during consultations conducted under subsection (e) or through public comments submitted under subsection (c), including-- (i) objections with respect to duty suspensions or reductions the Commission included in the draft bill; and (ii) objections that led to the Commission to determine not to include a duty suspension or reduction in the draft bill. (2) Initial report on process.--Not later than 300 days after the date of the enactment of this Act, the Commission shall submit to the appropriate congressional committees a report that includes-- (A) an assessment of the effectiveness of the process established under subsection (a) and the requirements of this section; (B) to the extent practicable, a description of the effects of duty suspensions and reductions recommended pursuant to that process on the United States economy that includes-- (i) a broad assessment of the economic effects of such duty suspensions and reductions on producers, purchasers, and consumers in the United States; and (ii) case studies describing such effects by industry or by type of articles, as available data permits; (C) a comparison of the actual loss in revenue to the United States resulting from duty suspensions and reductions recommended pursuant to that process to the loss in such revenue estimated during that process; (D) to the extent practicable, information on how broadly or narrowly duty suspensions and reductions recommended pursuant to that process were used by importers; and (E) any recommendations of the Commission for improving that process and the requirements of this section. (h) Form of Draft Bill and Reports.--Each draft bill submitted under subsection (d) and each report required by subsection (g) shall be-- (1) submitted to the appropriate congressional committees in electronic form; and (2) made available to the public on the website of the Commission. SEC. 4. REPORTS ON BENEFITS OF DUTY SUSPENSIONS OR REDUCTIONS TO SECTORS OF THE UNITED STATES ECONOMY. Not later than January 1, 2014, and annually thereafter, the Commission shall submit to the appropriate congressional committees a report that-- (1) makes recommendations with respect to sectors of the United States economy that could benefit from duty suspensions or reductions without causing harm to other domestic interests; and (2) assesses the feasibility and advisability of suspending or reducing duties on a sectoral basis rather than on individual articles.", "summary": "Temporary Duty Suspension Process Act of 2012 - Directs the U.S. International Trade Commission (USITC) to establish a process in which it will: (1) review each article in which a temporary duty suspension or reduction has been recommended at its own initiative or pusuant to a petition, and (2) submit a draft bill to the appropriate congressional committees containing each duty suspension or reduction that meets certain requirements. Requires the USITC to report to appropriate congressional committees on: (1) recommendations with respect to sectors of the U.S. economy that could benefit from duty suspensions or reductions without causing harm to other domestic interests, and (2) the feasibility of suspending or reducing duties on a sectoral basis rather than on individual articles."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Equity Act of 1993''. SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by adding at the end thereof the following new paragraphs: ``(8) Regional cost-of-living adjustments.-- ``(A) In general.--In the case of an individual, the rate table otherwise in effect under this section for any taxable year (determined after the application of paragraph (1)) shall be further adjusted as provided in subparagraph (B). ``(B) Method of making regional adjustment.--The rate table otherwise in effect under this section with respect to any individual for any taxable year shall be adjusted as follows: ``(i) The minimum and maximum dollar amounts otherwise in effect for each rate bracket shall be multiplied by the applicable multiplier (for the calendar year in which the taxable year begins) which applies to the statistical area in which the individual's primary place of abode during the taxable year is located. ``(ii) The rate applicable to any rate bracket (as adjusted by clause (i)) shall not be changed. ``(iii) The amount setting forth the tax shall be adjusted to the extent necessary to reflect the adjustments in the rate brackets. If any amount determined under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(9) Determination of multipliers.-- ``(A) In general.--Not later than December 15 of each calendar year, the Secretary shall prescribe an applicable multiplier for each statistical area of the United States which shall apply to taxable years beginning during the succeeding calendar year. ``(B) Determination of multipliers.-- ``(i) For each statistical area where the cost-of-living differential for any calendar year is greater than 125 percent, the applicable multiplier for such calendar year is 90 percent of such differential. ``(ii) For each statistical area where the cost-of-living differential for any calendar year exceeds 97 percent but does not exceed 125 percent, the applicable multiplier for such calendar year is 1.05. (iii) For each statistical area not described in clause (i) or (ii), the applicable multiplier is the cost-of-living differential for the calendar year. ``(C) Cost-of-living differential.--The cost-of- living differential for any statistical area for any calendar year is the percentage determined by dividing-- ``(i) the cost-of-living for such area for the preceding calendar year; by ``(ii) the average cost-of-living for the United States for the preceding calendar year. ``(D) Cost-of-living for area.-- ``(i) In general.--For each calendar year beginning after 1993, the Secretary of Labor shall determine and publish a cost-of-living index for each statistical area. ``(ii) Methodology.--The cost-of-living index determined under clause (i) for any statistical area for any calendar year shall be based on average market prices for the area for the 12-month period ending on August 31 of such calendar year. The market prices taken into account under the preceding sentence shall be selected and used under the same methodology as is used by the Secretary of Labor in developing the Consumer Price Index for All Urban Consumers. ``(E) Statistical area.--For purposes of this subsection the term `statistical area' means ``(i) any metropolitan statistical area as defined by the Secretary of Commerce, and ``(ii) the portion of any State not within a metropolitan statistical area as so defined. ``(10) Areas outside the united states.--The area applicable multiplier for any area outside the United States shall be 1.'' (b) Effective Date.-- (1) In general.--The amendment made by this section shall apply to taxable years beginning after December 31, 1993. (2) Transition rule.--Notwithstanding section 1(f)(9)(A) of the Internal Revenue Code (as added by this section), the date for prescribing applicable multipliers for taxable years beginning in calendar year 1994 shall be the date 1 year after the date of the enactment of this Act.", "summary": "Tax Equity Act of 1993 - Amends the Internal Revenue Code to provide for regional cost-of-living adjustments in individual income tax rates."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ebola Emergency Response Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the current outbreak of the Ebola virus disease in West Africa poses severe health, economic, and security threats to the countries affected by the outbreak of the Ebola virus disease, the United States, and the broader international community; and (2) the whole-of-government response taken by the United States provides unique capabilities that are critical to effectively helping contain the Ebola virus disease in West Africa, yet the United States alone will not succeed in containing the Ebola virus disease. SEC. 3. STATEMENTS OF POLICY. It shall be the policy of the United States to-- (1) support a robust international response to the Ebola virus disease in West Africa by undertaking a range of activities to immediately help detect, contain, treat, and deter the further spread of the disease; (2) support the efforts of governments of affected countries and of local, regional, and international nongovernmental organizations and civil society organizations working on the front lines of the response to the Ebola virus disease; and (3) work with appropriate security sector personnel engaged in the response to the Ebola virus disease in Guinea, Liberia, and Sierra Leone, as well as with civil society, regional organizations, and the United Nations to enhance border security and create a secure operating environment for health workers and other responders and the communities they are serving, including by repurposing, as necessary and appropriate, existing United States security assistance provided to the affected countries to address immediate border security and law enforcement needs. SEC. 4. INTERNATIONAL EFFORTS TO CONTROL THE OUTBREAK OF THE EBOLA VIRUS DISEASE. In carrying out the policy under section 3, the President shall-- (1) seek to coordinate with the governments of countries of Africa affected by or at risk of being affected by the outbreak of the Ebola virus disease, other donors, the private sector, regional and international financial institutions, local, regional, and international organizations, civil society, and local, regional, and nongovernmental organizations, particularly organizations that possess experience in emergency relief and infection control, to devise and implement a coherent, comprehensive strategy to control the Ebola virus disease and assist affected populations, utilizing all necessary and appropriate assets and capabilities of the United States Government; and (2) direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to-- (A) ensure that the United Nations Mission in Liberia is fully protecting individuals under its care from exploitation and abuse, including by soldiers serving under its command, and, within its capabilities and in the context of its mandate to help solidify peace and stability while protecting civilians in Liberia, plays an active role in the emergency response, including by providing logistics and engineering support, as well as securing border crossings, state institutions, and treatment facilities, as necessary and appropriate; and (B) ensure that the United Nations Mission for the Ebola Emergency Response (UNMEER) plays an effective role in aligning donors around a single strategic operating plan to detect, contain, treat, and deter the further spread of Ebola, and that the associated costs for its work are offset by decreases elsewhere in the general budget of the United Nations. SEC. 5. ASSISTANCE TO COUNTRIES AFFECTED BY THE OUTBREAK OF THE EBOLA VIRUS DISEASE. (a) Authorization.--Notwithstanding any other provision of law, and consistent with the authorities of section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292), the President is authorized to provide assistance on an emergency basis to countries directly affected by or at imminent risk of being affected by the outbreak of the Ebola virus disease to effectively address such outbreak, by supporting the activities described in subsection (b). (b) Activities Supported.--Activities supported by assistance under subsection (a) are the following: (1) The construction, staffing, and equipping of patient isolation and treatment facilities in sufficient numbers to treat infected persons at the most appropriate locations. (2) The construction and equipping of laboratories in sufficient numbers to ensure accurate testing for the Ebola virus disease and other infectious diseases, as necessary and appropriate, in as rapid a time frame as possible. (3) The provision of vital medical supplies and equipment necessary to contain the outbreak. (4) The recruitment and training of local and international staff on effective disease identification, isolation, contact tracing, and care with respect to the Ebola virus disease, especially the proper use of universal precautions, personal protective equipment, and other infection control measures, to minimize transmission. (5) The recruitment, training, and equipping of safe burial teams, as necessary, to reduce transmission of the Ebola virus disease. (6) The provision of medical evacuations, on a reimbursable basis, for medical and other personnel engaged in the response to the Ebola virus disease who become infected with the disease, as necessary and appropriate. (7) The development of an effective public information campaign to help limit the transmission of the Ebola virus disease, utilizing all appropriate means of communication, including digital, print, broadcast communication, and communications through local health care workers, media, schools, civil society organizations, and faith-based and traditional leaders. (8) The development and deployment of Ebola diagnostics and surveillance tools, as well as vaccines and treatments as they become available and to the extent possible that such vaccines and treatments adhere to strictly enforced informed consent protocols. (9) The provision of emergency food assistance, water and sanitation, shelter, and support for orphans and vulnerable children in communities affected by the Ebola virus disease. (10) The provision of technical assistance to strengthen border control, including enhanced health screening at exit and entry points in the region, to be complemented by appropriate health screening at United States ports of entry. (11) Activities related to sustainable post-outbreak economic recovery and ensuring the stability of countries affected by the Ebola virus disease. (c) Allocation and Reimbursement Among Agencies.-- (1) In general.--In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized to utilize the services and facilities of, or procure commodities from, any agency of the United States Government on a non- reimbursable basis, subject to the written consent of the head of such other agency, and notwithstanding any provision of law relating to limitations on the use of authorities or funding of such other agency. (2) Congressional notification.--The Administrator shall notify the appropriate committees not later than 15 days after the date on which the authority under paragraph (1) is utilized. Such notification shall include the name of the other agency, the value of such services or facilities utilized, or commodities procured, the affected appropriations accounts, and a justification for the utilization of the authority under paragraph (1). SEC. 6. SENSE OF CONGRESS ON INTERNATIONAL SUPPORT TO AVOID ECONOMIC COLLAPSE AND ASSIST WITH POST-CRISIS COUNTRIES DIRECTLY AFFECTED BY THE OUTBREAK OF THE EBOLA VIRUS DISEASE. It is the sense of Congress that the President should work with other donors, including international financial institutions, to encourage such other donors to help the governments of Guinea, Liberia, and Sierra Leone mitigate the risks of economic collapse and related civil unrest by providing appropriate access to emergency grants and financing tools, as necessary and appropriate, to address fiscal issues that are the direct result of the Ebola virus disease crisis, and to assist with post-crisis economic recovery. SEC. 7. REPORT. (a) In General.--Not later than 6 months after the date on which the President determines that the Ebola epidemic in West Africa has been effectively contained, the President shall submit to the appropriate congressional committees a report that assesses the United States coordination and response to the Ebola epidemic, including how the authorities provided pursuant to this Act were utilized and lessons learned that may have applications in response to future epidemics. (b) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, and the Committee on Appropriations of the Senate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the President to carry out section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) $1,801,000,000 for fiscal year 2015.", "summary": "Ebola Emergency Response Act - Expresses the sense of Congress that: the Ebola virus outbreak in West Africa poses severe health, economic, and security threats to the affected countries, the United States, and the broader international community; and the whole-of-government response taken by the United States provides capabilities critical to helping contain Ebola in West Africa; yet the United States alone will not succeed in containing it. Directs the President to: coordinate with the governments of affected African countries, the private sector, regional and international financial institutions and international organizations, civil society, and nongovernmental organizations to implement a comprehensive Ebola control strategy and assist affected populations; and use U.S. influence at the United Nations (U.N.) to ensure that the U.N. Mission in Liberia is protecting individuals under its care and playing an active emergency response role, and ensuring that the U.N. Mission for the Ebola Emergency Response (UNMEER) is playing an effective role in aligning donors around a plan to detect, contain, treat, and deter Ebola's further spread. Authorizes the President to provide specified emergency assistance to countries directly affected by or at imminent risk of being affected by the Ebola outbreak. Expresses the sense of Congress that the President should work with other donors, including international financial institutions, to encourage them to: (1) help the governments of Guinea, Liberia, and Sierra Leone mitigate the risks of economic collapse and related civil unrest by providing access to emergency grants and financing tools to address fiscal issues that are the direct result of the Ebola crisis; and (2) assist with post-crisis economic recovery."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Renewable Energy Research and Development Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States has a critical national interest in developing clean, domestic, renewable sources of energy in order to reduce environmental impacts of energy production, increase national security, improve public health, and bolster economic stability. (2) Marine renewable energy technologies are a nonemitting source of power production. (3) Marine renewable energy may serve as an alternative to fossil fuels and create thousands of new jobs within the United States. (4) Europe has already successfully delivered electricity to the grid through the deployment of wave and tidal energy devices off the coast of Scotland. (5) Recent studies from the Electric Power Research Institute, in conjunction with the Department of Energy's National Renewable Energy Laboratory, have identified an abundance of viable sites within the United States with ample wave and tidal resources to be harnessed by marine power technologies. (6) Sustained and expanded research, development, demonstration, and commercial application programs are needed to locate and characterize marine renewable energy resources, and to develop the technologies that will enable their widespread commercial development. (7) Federal support is critical to reduce the financial risk associated with developing new marine renewable energy technologies, thereby encouraging the private sector investment necessary to make marine renewable energy resources commercially viable as a source of electric power and for other applications. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) Marine renewable energy.--The term ``Marine Renewable Energy'' means energy derived from one or more of the following sources: (A) Waves. (B) Tidal flows. (C) Ocean currents. (D) Ocean thermal energy conversion. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT. (a) In General.--The Secretary, in conjunction with other appropriate agencies, shall support programs of research, development, demonstration, and commercial application to expand marine renewable energy production, including programs to-- (1) study and compare existing marine renewable energy extraction technologies; (2) research, develop, and demonstrate advanced marine renewable energy systems and technologies; (3) reduce the manufacturing and operation costs of marine renewable energy technologies; (4) investigate efficient and reliable integration with the utility grid and intermittency issues; (5) advance wave forecasting technologies; (6) conduct experimental and numerical modeling for optimization of marine energy conversion devices and arrays; (7) increase the reliability and survivability of marine renewable energy technologies, including development of corrosive-resistant materials; (8) study, in conjunction with the Assistant Administrator for Research and Development of the Environmental Protection Agency, the Undersecretary of Commerce for Oceans and Atmosphere, and other Federal agencies as appropriate, the environmental impacts of marine renewable energy technologies and ways to address adverse impacts, and provide public information concerning technologies and other means available for monitoring and determining environmental impacts; (9) establish protocols, in conjunction with the National Oceanic and Atmospheric Administration, for how the ocean community may best interact with marine renewable energy devices; (10) develop power measurement standards for marine renewable energy; (11) develop identification standards for marine renewable energy devices; (12) address standards development, demonstration, and technology transfer for advanced systems engineering and system integration methods to identify critical interfaces; and (13) utilize marine resources in the Gulf of Mexico, the Atlantic Ocean, and the Pacific Ocean. (b) Siting Criteria.--The Secretary, in conjunction with other appropriate Federal agencies, shall develop, prior to installation of any technologies under this section, siting criteria for marine renewable energy generation demonstration and commercial application projects funded under this Act. SEC. 5. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTERS. (a) Centers.--The Secretary, acting through the National Renewable Energy Laboratory, shall award grants to institutions of higher education (or consortia thereof) for the establishment of 1 or more National Marine Renewable Energy Research, Development, and Demonstration Centers. In selecting locations for Centers, the Secretary shall consider sites that meet one of the following criteria: (1) Hosts an existing marine renewable energy research and development program in coordination with a public university engineering program. (2) Has proven expertise to support environmental and policy-related issues associated with harnessing of energy in the marine environment. (3) Has access to and utilizes the marine resources in the Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean. The Secretary may give special consideration to historically black colleges and universities and land grant universities that also meet one of these criteria. In establishing criteria for the selection of Centers, the Secretary shall coordinate with the Undersecretary of Commerce for Oceans and Atmosphere on the criteria related to advancing wave forecasting technologies, studying the compatibility with the environment of marine renewable energy technologies and systems, and establishing protocols for how the ocean community best interacts with marine renewable energy devices and parks. (b) Purposes.--The Centers shall advance research, development, demonstration, and commercial application of marine renewable energy through a number of initiatives including for the purposes described in section 4(1) through (13), and shall serve as an information clearinghouse for the marine renewable energy industry, collecting and disseminating information on best practices in all areas related to developing and managing enhanced marine renewable energy systems resources. (c) Demonstration of Need.--When applying for a grant under this section, an applicant shall include a description of why Federal support is necessary for the Center, including evidence that the research of the Center will not be conducted in the absence of Federal support. SEC. 6. APPLICABILITY OF OTHER LAWS. Nothing in this Act shall be construed as waiving the applicability of any requirement under any environmental or other Federal or State law. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act $50,000,000 for each of the fiscal years 2008 through 2012, except that no funds shall be appropriated under this section for activities that are receiving funds under section 931(a)(2)(E)(i) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).", "summary": "Marine Renewable Energy Research and Development Act of 2007 - Instructs the Secretary of Energy to support research and demonstration programs to expand marine renewable energy production, including: (1) study and comparison of existing marine renewable energy extraction technologies; (2) investigation of utility grid and intermittency issues; (3) increased survivability of marine renewable energy extraction technologies, including development of corrosive-resistant materials; (4) a study of environmental impacts of such technologies and ways to address adverse impacts; and (5) establishment of protocols, in conjunction with the National Oceanic and Atmospheric Administration (NOAA), for how the ocean community may best interact with marine renewable energy devices. Directs the Secretary to develop siting criteria for marine renewable energy generation projects prior to installation of such technologies. Directs the Secretary to award grants to institutions of higher education (or consortia of them) to establish National Marine Renewable Energy Research, Development, and Demonstration Centers to serve as information clearinghouses for the marine renewable energy industry, collecting and disseminating information on best practices related to developing and managing enhanced marine renewable energy systems resources. Authorizes the Secretary to give special consideration to historically black colleges and universities and land grant universities that meet prescribed criteria. Authorizes appropriations for FY2008-FY2012, excluding certain ocean energy programs already receiving funds under the Energy Policy Act of 2005."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Cost-of- Living Adjustment Act of 2008''. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Rate Adjustment.--Effective on December 1, 2008, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2008, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. (2) Additional compensation for dependents.--Each of the dollar amounts under section 1115(1) of such title. (3) Clothing allowance.--The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse.--Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase.-- (1) Percentage.--Except as provided in paragraph (2), each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2008, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (2) Rounding.--Each dollar amount increased under paragraph (1), if not a whole dollar amount, shall be rounded to the next lower whole dollar amount. (d) Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. (e) Publication of Adjusted Rates.--The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b), as increased under that subsection, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2009. SEC. 3. CODIFICATION OF 2007 COST-OF-LIVING ADJUSTMENT IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Veterans' Disability Compensation.--Section 1114 of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``$115'' and inserting ``$117''; (2) in subsection (b), by striking ``$225'' and inserting ``$230''; (3) in subsection (c), by striking ``$348'' and inserting ``$356''; (4) in subsection (d), by striking ``$501'' and inserting ``$512''; (5) in subsection (e), by striking ``$712'' and inserting ``$728''; (6) in subsection (f), by striking ``$901'' and inserting ``$921''; (7) in subsection (g), by striking ``$1,135'' and inserting ``$1,161''; (8) in subsection (h), by striking ``$1,319'' and inserting ``$1,349''; (9) in subsection (i), by striking ``$1,483'' and inserting ``$1,517''; (10) in subsection (j), by striking ``$2,471'' and inserting ``$2,527''; (11) in subsection (k)-- (A) by striking ``$89'' both places it appears and inserting ``$91''; and (B) by striking ``$3,075'' and ``$4,313'' and inserting ``$3,145'' and ``$4,412'', respectively; (12) in subsection (l), by striking ``$3,075'' and inserting ``$3,145''; (13) in subsection (m), by striking ``$3,392'' and inserting ``$3,470''; (14) in subsection (n), by striking ``$3,860'' and inserting ``$3,948''; (15) in subsections (o) and (p), by striking ``$4,313'' each place it appears and inserting ``$4,412''; (16) in subsection (r), by striking ``$1,851'' and ``$2,757'' and inserting ``$1,893'' and ``$2,820'', respectively; and (17) in subsection (s), by striking ``$2,766'' and inserting ``$2,829''. (b) Additional Compensation for Dependents.--Section 1115(1) of such title is amended-- (1) in subparagraph (A), by striking ``$139'' and inserting ``$142''; (2) in subparagraph (B), by striking ``$240'' and ``$70'' and inserting ``$245'' and ``$71'', respectively; (3) in subparagraph (C), by striking ``$94'' and ``$70'' and inserting ``$96'' and ``$71'', respectively; (4) in subparagraph (D), by striking ``$112'' and inserting ``$114''; (5) in subparagraph (E), by striking ``$265'' and inserting ``$271''; and (6) in subparagraph (F), by striking ``$222'' and inserting ``$227''. (c) Clothing Allowance for Certain Disabled Veterans.--Section 1162 of such title is amended by striking ``$662'' and inserting ``$677''. (d) Dependency and Indemnity Compensation for Surviving Spouses.-- (1) New law dic.--Section 1311(a) of such title is amended-- (A) in paragraph (1), by striking ``$1,067'' and inserting ``$1,091''; and (B) in paragraph (2), by striking ``$228'' and inserting ``$233''. (2) Old law dic.--The table in paragraph (3) of such section is amended to read as follows: ---------------------------------------------------------------------------------------------------------------- ``Pay grade Monthly rate Pay grade Monthly rate ---------------------------------------------------------------------------------------------------------------- E-1.......................................... $1,091 W-4............................ $1,305 E-2.......................................... $1,091 O-1............................ $1,153 E-3.......................................... $1,091 O-2............................ $1,191 E-4.......................................... $1,091 O-3............................ $1,274 E-5.......................................... $1,091 O-4............................ $1,349 E-6.......................................... $1,091 O-5............................ $1,485 E-7.......................................... $1,129 O-6............................ $1,674 E-8.......................................... $1,191 O-7............................ $1,808 E-9.......................................... $1,2421 O-8............................ $1,985 W-1.......................................... $1,153 O-9............................ $2,123 W-2.......................................... $1,198 O-10........................... $2,3282 W-3.......................................... $1,234 ---------------------------------------------------------------------------------------------------------------- 1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,342. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $2,499.'' (3) Additional dic for children or disability.--Section 1311 of such title is amended-- (A) in subsection (b), by striking ``$265'' and inserting ``$271''; (B) in subsection (c), by striking ``$265'' and inserting ``$271''; and (C) in subsection (d), by striking ``$126'' and inserting ``$128''. (e) Dependency and Indemnity Compensation for Children.-- (1) Dic when no surviving spouse.--Section 1313(a) of such title is amended-- (A) in paragraph (1), by striking ``$452'' and inserting ``$462''; (B) in paragraph (2), by striking ``$649'' and inserting ``$663''; (C) in paragraph (3), by striking ``$846'' and inserting ``$865''; and (D) in paragraph (4), by striking ``$846'' and ``$162'' and inserting ``$865'' and ``$165'', respectively. (2) Supplemental dic for certain children.--Section 1314 of such title is amended-- (A) in subsection (a), by striking ``$265'' and inserting ``$271''; (B) in subsection (b), by striking ``$452'' and inserting ``$462''; and (C) in subsection (c), by striking ``$225'' and inserting ``$230''. (f) Effective Date.--The amendments made by this section shall take effect on December 1, 2007. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Veterans' Compensation Cost-of-Living Adjustment Act of 2008 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 2008, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date. Codifies rate amounts as increased under the Veterans' Compensation Cost-of-Living Adjustment Act of 2007."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Mental Health Modernization Act of 2000''. SEC. 2. FINDINGS. The Senate finds the following: (1) Older people have the highest rate of suicide of any population in the United States, and the suicide rate of that population increases with age, with individuals 65 and older accounting for 20 percent of all suicide deaths in the United States, while comprising only 13 percent of the population of the United States. (2) Disability due to mental illness in individuals over 65 years old will become a major public health problem in the near future because of demographic changes. In particular, dementia, depression, schizophrenia, among other conditions, will all present special problems for this age group. (3) Major depression is strikingly prevalent among older people, with between 8 and 20 percent of older people in community studies and up to 37 percent of those seen in primary care settings experiencing symptoms of depression. (4) Almost 20 percent of the population of individuals age 55 and older, experience specific mental disorders that are not part of normal aging. (5) Unrecognized and untreated depression, Alzheimer's disease, anxiety, late-life schizophrenia, and other mental conditions can be severely impairing and may even be fatal. (6) Substance abuse, particularly the abuse of alcohol and prescription drugs, among adults 65 and older is one of the fastest growing health problems in the United States, with 17 percent of this age group suffering from addiction or substance abuse. While addiction often goes undetected and untreated among older adults, aging and disability makes the body more vulnerable to the effects of alcohol and drugs, further exacerbating other age-related health problems. Medicare coverage for addiction treatment of the elderly needs to recognize these special vulnerabilities. (7) The disabled are another population receiving inadequate mental health care through medicare. According to the Health Care Financing Administration, medicare is the primary health care coverage for the 5,000,000 non-elderly, disabled people on Social Security Disability Insurance. Up to 40 percent of these individuals have a diagnosis of mental illness, and also face severe discrimination in mental health coverage. SEC. 3. DECREASE IN MEDICARE BENEFICIARY COPAYMENT FOR OUTPATIENT MENTAL HEALTH SERVICES. (a) In General.--Section 1833(c) of the Social Security Act (42 U.S.C. 1395l(c)) is repealed. (b) Conforming Amendment.--Section 1866(a)(2)(A) of such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by striking the second sentence. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to items and services furnished on or after the date of enactment of this Act. SEC. 4. INTENSIVE RESIDENTIAL SERVICES. (a) Coverage Under Part A.--Section 1812(a) (42 U.S.C. 1395d(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end of and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) intensive residential services (as defined in section 1861(uu)) furnished to an individual for up to 120 days during any calendar year.''. (b) Intensive Residential Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Intensive Residential Services ``(uu)(1) Subject to paragraphs (2) and (3), the term `intensive residential services' means inpatient services provided in any of the following facilities: ``(A) Residential detoxification centers. ``(B) Crisis residential programs or mental illness residential treatment programs. ``(C) Therapeutic family or group treatment homes. ``(D) Residential centers for substance abuse treatment. ``(2) No service may be treated as an intensive residential service unless the facility at which the service is provided-- ``(A) is legally authorized to provide such service under the law of the State (or under a State regulatory mechanism provided by State law) in which the facility is located or is certified to provide such service by an appropriate accreditation entity approved by the State in consultation with the Secretary; and ``(B) meets such other requirements as the Secretary may impose to assure the quality of the intensive residential services provided. ``(3) No service may be treated as an intensive residential service under paragraph (1) unless the service is furnished in accordance with standards established by the Secretary for the management of such services.''. (c) Reduction in Days of Coverage for Inpatient Services.--Section 1812(b)(3) of the Social Security Act (42 U.S.C. 1395d(b)(3)) is amended by striking the period at the end and inserting the following: ``, reduced by a number of days determined by the Secretary so that the actuarial value of providing such number of days of services under this paragraph to the individual is equal to the actuarial value of the days of inpatient residential services furnished to the individual under subsection (a)(5) during the year after such services have been furnished to the individual for 120 days during the year (rounded to the nearest day).''. (d) Amount of Payment.--Section 1814 of the Social Security Act (42 U.S.C. 1395f) is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by inserting ``other than a provider of intensive residential services,'' after ``hospice care,''; and (2) by adding at the end the following new subsection: ``Payment for Intensive Residential Services ``(m)(1) Except as provided in paragraphs (2) and (3), the amount of payment under this part for intensive residential services under section 1812(a)(5) shall be equal to the lesser of-- ``(A) the reasonable cost of such services, as determined under section 1861(v), or ``(B) the customary charges with respect to such services, less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A). ``(2) If intensive residential services are furnished by a public provider of services or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this clause), free of charge or at nominal charges to the public, the Secretary shall determine the amount of payment for such services in accordance with subsection (b)(2). ``(3) If (and for so long as) the conditions described in subsection (b)(3) are met, the Secretary shall determine the amount of payment for intensive residential services under the reimbursement system described in such subsection.''. SEC. 5. STUDY OF COVERAGE CRITERIA FOR ALZHEIMER'S DISEASE AND RELATED MENTAL ILLNESSES. (a) Study.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall conduct a study to determine whether the criteria for coverage of any therapy service (including occupational therapy services and physical therapy services) or any outpatient mental health care service under the medicare program under title XVIII of the Social Security Act unduly restricts the access of any medicare beneficiary who has been diagnosed with Alzheimer's disease or a related mental illness to such a service because the coverage criteria requires the medicare beneficiary to display continuing clinical improvement to continue to receive the service. (2) Determination of new coverage criteria.--If the Secretary determines that the coverage criteria described in paragraph (1) unduly restricts the access of any medicare beneficiary to the services described in such paragraph, the Secretary shall identify alternative coverage criteria that would permit a medicare beneficiary who has been diagnosed with Alzheimer's disease or a related mental illness to receive coverage for health care services under the medicare program that are designed to control symptoms, maintain functional capabilities, reduce or deter deterioration, and prevent or reduce hospitalization of the beneficiary. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the committees of jurisdiction of Congress a report on the study conducted under subsection (a) together with such recommendations for legislative and administrative action as the Secretary determines appropriate. SEC. 6. MENTAL HEALTH COUNSELING SERVICES. (a) Adding Mental Health Counselor Services to the Definition of Medical and Other Health Services.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395(s)(2)) is amended-- (1) in subparagraph (S), by striking ``and'' at the end; (2) in subparagraph (T)(ii), by adding ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(U) mental health counselor services (as defined in subsection (vv));''. (b) Mental Health Counselor; Mental Health Counselor Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 4, is amended by adding at the end the following new subsection: ``Mental Health Counselor; Mental Health Counselor Services ``(vv)(1) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C)(i) is licensed or certified as a mental health counselor or professional counselor by the State in which the services are performed; or ``(ii) in the case of an individual in a State that does not provide for licensure or certification-- ``(I) has completed at least 2 years or 3,000 hours of post-master's degree supervised mental health counselor practice under the supervision of a master's or doctor's level mental health provider in an appropriate setting (as determined by the Secretary); and ``(II) meet such other criteria as the Secretary establishes. ``(2) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (1)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services as performed as would otherwise be covered if furnished by a physician or as incident to a physician's professional service.''. (c) Payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (1) by striking ``and'' before ``(S)''; and (2) by inserting before the semicolon at the end the following: ``, and (T) with respect to mental health counselor services under section 1861(s)(2)(U), the amounts paid shall be 80 percent of (i) the actual charge for the services or (ii) 75 percent of the amount determined for payment of a psychologist under clause (L)''. SEC. 7. EXCLUDING CLINICAL SOCIAL WORKER SERVICES FROM COVERAGE UNDER THE MEDICARE SKILLED NURSING FACILITY PROSPECTIVE PAYMENT SYSTEM AND CONSOLIDATED PAYMENT. (a) In General.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``clinical social worker services,'' after ``qualified psychologist services,''. (b) Conforming Amendment.--Section 1861(hh)(2) of such Act (42 U.S.C. 1395x(hh)(2)) is amended by striking ``and other than services furnished to an inpatient of a skilled nursing facility which the facility is required to provide as a requirement for participation''. (c) Effective Date.--The amendments made by this section apply as if included in the enactment of section 4432(a) of the Balanced Budget Act of 1997.", "summary": "Amends Medicare part A (Hospital Insurance) to provide for coverage of intensive residential services. Directs the Secretary of Health and Human Services to study and report to Congress on whether the criteria for Medicare coverage of any therapy service (including occupational and physical therapy) or any outpatient mental health care service unduly restricts the access to such a service of any Medicare beneficiary diagnosed with Alzheimer's disease or a related mental illness because the coverage criteria requires the beneficiary to display continuing clinical improvement to continue to receive the service. Amends Medicare to: (1) cover mental health counselor services; and (2) exclude clinical social worker services from coverage under the Medicare skilled nursing facility prospective payment system."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mud Dump Permanent Closure and Remediation Act of 2000''. SEC. 2. PERMANENT DUMPING BAN AT HISTORIC AREA REMEDIATION SITE. Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is amended by adding at the end the following: ``(f) Historic Area Remediation Site.-- ``(1) Prohibition on ocean dumping.--Except as provided by paragraph (2), after the date of enactment of this subsection, dumping shall be prohibited at the Historic Area Remediation Site (as defined in subsection (g)). ``(2) Permits for remediation.--After the date of issuance of standards for remediation materials under subsection (g), the Secretary may issue permits under this section authorizing the transportation of dredged materials to the Historic Area Remediation Site solely for the purpose of providing for remediation of the site. ``(3) Remediation to be followed by permanent closure.-- Upon satisfying the goal specified in subsection (g)(2)(B) at the Historic Area Remediation Site, as determined by the Administrator, the Secretary shall not issue any further permits under this section authorizing the transportation of dredged materials to the site for any purpose. ``(4) Existing permits.--A permit issued under this section before the date of enactment of this subsection shall not be effective to the extent that the permit authorizes dumping in violation of this subsection. ``(5) Advance notice of permits.--At least 30 days before issuing a permit under paragraph (2), the Secretary shall provide written notice of the permit to the Governors of the States of New York and New Jersey and to each Member of Congress representing one of such States. This paragraph shall not be construed to affect any notification requirement under any other provision of law.''. SEC. 3. STANDARDS FOR REMEDIATION MATERIALS. Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is further amended by adding at the end the following: ``(g) Standards for Remediation Materials.-- ``(1) Development of standards.--Not later than 90 days after the date of enactment of this subsection, the Administrator, in consultation with the Under Secretary for Oceans and Atmosphere, shall develop and publish in the Federal Register standards for evaluating dredged materials to be used solely for remediation purposes at the Historic Area Remediation Site. ``(2) Requirements for standards.-- ``(A) In general.--In developing standards under paragraph (1), the Administrator shall ensure that the materials used for remediation-- ``(i) contain significantly lower levels of contaminants (as referred to in section 227.6 of title 40, Code of Federal Regulations), including polycyclic aromatic hydrocarbons and polyclorinated biphenyls, than exist at the Historic Area Remediation Site; ``(ii) will significantly reduce contamination levels in biota and sediments at the Historic Area Remediation Site; and ``(iii) will reduce both the number, extent, and magnitude of undesirable effects on marine life in and around the Historic Area Remediation Site, including through bioaccumulation. ``(B) Goal.--The goal of the standards to be developed under paragraph (1) shall be to reduce the level of contamination at the Historic Area Remediation Site to a level that reflects background ambient contamination levels in the ocean. ``(3) Notice and comment.--The Administrator shall provide notice and an opportunity for public comment before issuing final standards under paragraph (1). ``(4) Definitions.--In this subsection, the following definitions apply: ``(A) Background ambient contamination levels.--The term `background ambient contamination levels' means a level of contamination that is substantially equivalent to or less than-- ``(i) the levels of contamination in biota and sediments found occurring naturally in the ocean in areas that have never been impacted by ocean dumping; and ``(ii) the levels of contamination found in the clean reference sediments used by the Environmental Protection Agency when testing and evaluating remediation materials to be deposited at the Historic Area Remediation Site. ``(B) Clean reference sediments.--The term `clean reference sediments' means a sediment, substantially free of contaminants, that is as similar to the grain size of the dredged material and the sediment at the disposal site as practical, and reflects conditions that would exist in the vicinity of the disposal site had no dredged material disposal ever occurred, but had all other influences on sediment taken place. ``(C) Historic area remediation site.--The term `Historic Area Remediation Site' means the dredged material disposal area known by that name that is located east of Sandy Hook, New Jersey, and described in section 228.15(d)(6) of title 40, Code of Federal Regulations (as in effect on July 1, 1999).''.", "summary": "Provides that an existing permit shall not be effective if it authorizes dumping in violation of this Act. Requires the Administrator of the Environmental Protection Agency to develop standards for evaluating dredged materials to be used solely for remediation purposes at the Site. Directs the Administrator, in developing such standards, to ensure that the materials used for remediation: (1) contain significantly lower levels of contaminants than exist at the Site; (2) will significantly reduce contamination levels in biota and sediments at the Site; and (3) will reduce the number, extent, and magnitude of undesirable effects on marine life in and around the Site. Requires the goals of such standards to be to reduce the level of contamination at the Site to a level that reflects background ambient contamination levels in the ocean."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Reform Act of 2003''. SEC. 2. ESTABLISHMENT. There is established a national commission to be known as the ``Government Reform Commission''. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Commission'' means the Government Reform Commission. (2) The term ``documents'' means books, records, papers, accounts, transcripts, transcriptions, and reports, in whatever form or medium they may be preserved. (3) The term ``executive agency'' has the meaning given the term in section 105 of title 5, United States Code. (4) The term ``member'' means a member of the Commission. SEC. 4. MEMBERSHIP. (a) Numbers, Appointment, and Qualifications.--The Commission shall be composed of 12 members, appointed by the President, from among persons who possess-- (1) a degree or an advanced degree in the field of business management or public administration; or (2) a significant background in business supervision, management, and administration. (b) Consultation.--Of the members appointed under subsection (a)-- (1) one member shall be appointed following consultation with the Speaker of the House of Representatives; (2) one member shall be appointed following consultation with the minority leader of the House of Representatives; (3) one member shall be appointed following consultation with the President pro Tempore of the Senate; and (4) one member shall be appointed following consultation with the minority leader of the Senate. (c) Additional Requirements.--The members shall also satisfy the following additional requirements: (1) Each member shall be a United States citizen and shall reside in the United States. (2) Not more than four members shall be from the same political party, excluding those members appointed following consultation required under subsection (b). (3) A member may not currently hold or have held within the preceeding five years any paid position with any local or State government or executive agency. (4) A member may not be a party to an ongoing and continuing contract with any local or State government or executive agency, or be an employee of an entity that is a party to such a contract. (5) A member may not be a lobbyist, as defined by either State or Federal law at the time of the appointment of the member. (d) Operation.-- (1) Appointment.--Members shall be appointed not later than 30 days from the date of enactment of this Act. (2) Chairperson.--The President shall designate one member to serve as chairperson of the Commission. (3) Terms.--Each member shall be appointed for a term of two years and may be reappointed for a second term of two years. No member shall serve more than four years on the Commission. (4) Quorum.--Six members shall constitute a quorum for the purpose of conducting a session of the Commission, but a lesser number may conduct hearings. (5) Compensation.--Members shall serve without pay, but members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (6) Professional staff.--The Commission may employ, pursuant to laws and regulations governing the civil service, an executive secretary and any clerical, professional, and technical assistants as may be necessary. (7) Mandatory resignation.--In the event that a member accepts a position as an officer or employee of any local or State government or executive agency, the member shall resign from the Commission within 30 days from the date the member accepts such position. (8) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. The appointment of the replacement member shall be made not later than 30 days after the date on which the vacancy occurs. SEC. 5. DUTIES, RESPONSIBILITIES, AND POWERS. (a) Review of Executive Agencies.-- (1) In general.--The Commission shall-- (A) examine the current configuration of executive agencies and investigate their duties and responsibilities; and (B) review the operational jurisdictions of executive agencies to determine whether areas of overlap exist and whether the mission of any agency has become obsolete. (2) Process.--As part of the review under paragraph (1), the Commission shall identify and address-- (A) opportunities for increasing efficiency and reducing costs in executive agencies as a result of executive action or legislation; (B) areas within executive agencies where managerial accountability can be enhanced and administrative control can be improved; (C) any Federal programs that have accomplished their original objectives and should be terminated; (D) any Federal services that could be provided at lower cost by the private sector; (E) budget process reforms that could yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; and (F) areas for further study based on likelihood for potential savings. (b) Review of Prior Reform Efforts.-- (1) In general.--The Commission shall review existing Government Accounting Office, Congressional Budget Office, and Inspector General reports, together with any other existing governmental and nongovernmental recommendations, including recommendations offered by the President's Private Sector Survey on Cost Control, for reducing waste in executive agencies. (2) Reports.--Based on the review under paragraph (1), the Commission shall periodically submit to the President and Congress reports which shall include the following: (A) A list of such recommendations to reduce waste in executive agencies that the Commission determines are most significant. (B) The estimated cost savings of the recommendations. (C) A determination of whether the recommendations can be implemented by executive order or whether they instead require legislative action. (c) Proposed Reorganization Plan.-- (1) In general.--Upon completion of the reviews required under subsections (a) and (b), but not later than July 15, 2004, the Commission shall submit to the President and Congress a proposed reorganization plan for executive agencies. The proposed reorganization plan shall provide for the realignment or closure of executive agencies to reduce duplication of services and increase productivity. (2) Visitation.--The Commission may not recommend an executive agency for realignment or closure unless at least one member has visited the executive agency prior to January 1, 2004, as part of the review conducted under subsection (a). (3) Transmittal.--The Commission shall transmit a copy of the proposed reorganization plan to the Director of the Office of Management and Budget, who shall prepare and issue a public report that details the predicted savings in Federal expenditures that would result from implementing the reorganization plan. (d) Hearings and Sessions.-- (1) In general.--The Commission shall meet in session at least once per month at the call of the chairperson. Additionally, as part of its review process, the Commission shall conduct three public hearings across the United States. The final hearing shall be held in Washington, D.C., not later than March 1, 2004. (2) Additional powers.--The Commission may-- (A) meet at additional times and places that it may consider appropriate; (B) issue subpoenas to compel the attendance of witnesses and the production of documents; (C) administer oaths; and (D) contract, as it considers appropriate, for the provision of services, facilities, studies, and reports that will assist the Commission in carrying out its duties, responsibilities, and powers. SEC. 6. PRESIDENTIAL ACTION ON REORGANIZATION PLAN. (a) Presidential Consideration.--No later than August 1, 2004, the President shall act on the proposed reorganization plan submitted by the Commission, either by approving the plan without alteration or amendment, or by returning the plan to the Commission for review. If the President returns the plan to the Commission, the President shall include such proposed revisions to the plan as the President considers appropriate. (b) Review and Revision.--If the proposed reorganization plan is returned to the Commission for revision, the Commission shall have 30 days in which to review the Presidential recommendations submitted under subsection (a) and to revise the plan. The Commission may, at its discretion, incorporate any recommendations proposed by the President to the plan. (c) Resubmission.--At the conclusion of the 30-day period, the Commission shall resubmit the reorganization plan to the President and Congress and retransmit a copy of such plan to the Director of the Office of Management and Budget. The Director shall prepare and issue a revised public report that details the predicted savings in federal expenditures that would result from implementing the revised reorganization. (d) Effect of Rejection.--If the President rejects the resubmitted reorganization plan, such rejection shall conclude the reorganization process for the year under this Act. The Commission may, following reconsideration and at least one public hearing, resubmit a revised reorganization plan in the following year. SEC. 7. CONGRESSIONAL ACTION ON REORGANIZATION PLAN. (a) Submission to Congress.--If the President approves the proposed reorganization plan submitted by the Commission, the President shall submit the reorganization plan, free of alterations or amendments, to Congress. (b) Effective Date.-- (1) Congressional consideration.--The reorganization plan submitted under subsection (a) shall be deemed to be a reorganization plan submitted under chapter 9 of title 5, United States Code, except that the reorganization plan shall take effect on the first day following 60 calendar days of continuous session of Congress, beginning on the date on which the plan is submitted, or a later date as may be provided by the plan, unless Congress enacts a joint resolution rejecting the reorganization plan. (2) Suspension of section.--This Act shall be valid for all intents and purposes notwithstanding section 905(b) of title 5, United States Code. (c) Reorganization.--Unless the reorganization plan is rejected as provided in subsection (b), those executive agencies recommended for realignment or closure in the reorganization plan shall be realigned or closed beginning as soon as practicable after the effective date of the reorganization plan, and completed within three years after the effective date. SEC. 8. TERMINATION. The Commission shall terminate at the end of the 30-day period beginning on the effective date of the reorganization plan or the date a joint resolution rejecting the reorganization plan is enacted. SEC. 9. FUNDING AND SUPPORT. The Commission shall be funded, staffed, and equipped without cost to the Federal Government. To accomplish this objective, the Secretary of Commerce shall engage in a joint project with a nonprofit organization in accordance with the first section of Public Law 91-412 (15 U.S.C. 1525).", "summary": "Government Reform Act of 2003 - Establishes a Government Reform Commission to: (1) examine the current configuration of executive agencies and investigate their duties and responsibilities; (2) review agency operational jurisdictions to determine whether areas of overlap exist and whether the mission of any agency has become obsolete; (3) review and report to the President and Congress on existing Government Accounting Office, Congressional Budget Office, and Inspector General reports, together with any other existing governmental and nongovernmental recommendations, including those offered by the President's Private Sector Survey on Cost Control, for reducing waste in executive agencies; (4) submit to the President and Congress a proposed reorganization plan which shall provide for the realignment or closure of executive agencies to reduce duplication of services and increase productivity; and (5) transmit a copy of the plan to the Director of the Office of Management and Budget, who shall issue a public report detailing the predicted savings in Federal expenditures that would result from implementing such plan.Sets forth separate provisions for presidential and congressional consideration of and actions on the proposed reorganization plan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Mortgage Loan Modification Act of 2008''. SEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICATIONS OR WORKOUT PLANS FOR CERTAIN RESIDENTIAL MORTGAGE LOANS. (a) Standard for Loan Modifications or Workout Plans.--Absent contractual provisions to the contrary-- (1) the duty to maximize, or to not adversely affect, the recovery of total proceeds from pooled residential mortgage loans is owed by a servicer of such pooled loans to the securitization vehicle for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties; and (2) a servicer of pooled residential mortgage loans shall be deemed to be acting on behalf of the securitization vehicle in the best interest of all investors and holders of beneficial interests in the pooled loans, in the aggregate, if for a loan that is in payment default under the loan agreement or for which payment default is imminent or reasonably foreseeable, the loan servicer makes reasonable and documented efforts to implement a modification or workout plan or, if such efforts are unsuccessful or such plan would be infeasible, engages in other loss mitigation, including accepting a short payment or partial discharge of principal, or agreeing to a short sale of the property, to the extent that the servicer reasonably believes the particular modification or workout plan or other mitigation actions will maximize the net present value to be realized on the loan, including over that which would be realized through foreclosure. (b) Safe Harbor.--Absent contractual provisions to the contrary, a servicer of a residential mortgage loan that acts in a manner consistent with the duty set forth in subsection (a), shall not be liable for entering into a qualified loan modification or workout plan, to-- (1) any person, based on that person's ownership of a residential mortgage loan or any interest in a pool of residential mortgage loans or in securities that distribute payments out of the principal, interest and other payments in loans on the pool; (2) any person who is obligated pursuant to a derivatives instrument to make payments determined in reference to any loan or any interest referred to in paragraph (1); or (3) any person that insures any loan or any interest referred to in paragraph (1) under any law or regulation of the United States or any law or regulation of any State or political subdivision of any State. (c) Rule of Construction.--No provision of this section shall be construed as limiting the ability of a servicer to enter into loan modifications or workout plans other than qualified loan modification or workout plans. (d) Definitions.--For purposes of this section, the following definitions shall apply: (1) Qualified loan modification or workout plan.--The term ``qualified loan modification or workout plan'' means a modification or plan that-- (A) is scheduled to remain in place until the borrower sells or refinances the property, or for at least 5 years from the date of adoption of the plan, whichever is sooner; (B) does not provide for a repayment schedule that results in negative amortization at any time; and (C) does not require the borrower to pay additional points and fees. (2) Negative amortization.--For purposes of paragraph (1), the term ``negative amortization'' does not include the capitalization of delinquent interest and arrearages. (3) Residential mortgage loan defined.--The term ``residential mortgage loan'' means a loan that is secured by a lien on an owner-occupied residential dwelling. (4) Securitization vehicle.--The term ``securitization vehicle'' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that-- (A) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (B) holds such loans. (e) Effective Period.--This section shall apply only with respect to qualified loan modification or workout plans initiated prior to January 1, 2011.", "summary": "Emergency Mortgage Loan Modification Act of 2008 - Establishes a standard for loan modifications or workout plans for pools of certain residential mortgage loans. States that the servicer of such pooled loans owes a duty to the securitization vehicle to maximize recovery of proceeds for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties. Deems the loan servicer to be acting on behalf of the securitization vehicle in the best interest of all such investors and holders if the servicer makes certain loss mitigation efforts for a loan in or facing payment default in the reasonable belief that the particular modification, workout plan, or other mitigation actions will maximize the net present value to be realized over that which would be realized through foreclosure. Declares that, absent contractual provisions to the contrary, a servicer acting in a manner consistent with such duty shall not be liable to specified persons (including any person obligated pursuant to a derivatives instrument to make specified payments) for entering into a qualified loan modification or workout plan for loss mitigation purposes. Defines \"qualified loan modification or workout plan\" as one that: (1) is scheduled to remain in place until the borrower sells or refinances the property, or for at least five years from the date of adoption of the plan, whichever is sooner; (2) does not provide for a repayment schedule that results in negative amortization at any time; and (3) does not require the borrower to pay additional points and fees. States that, for purposes of a qualified loan modification or workout plan, negative amortization does not include capitalization of delinquent interest and arrearages. Defines \"securitization vehicle\" as a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that: (1) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (2) holds such loans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Unfunded Mandates Accountability Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) The public has a right to know the benefits and costs of regulation. Regulations impose significant costs on individuals, employers, State, local, and tribal governments, diverting resources from other important priorities. (2) Better regulatory analysis and review should improve the quality of agency decisions, increasing the benefits and reducing unwarranted costs of regulation. (3) Disclosure and scrutiny of key information underlying agency decisions should make Government more accountable to the public it serves. SEC. 3. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES. Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532) is amended-- (1) by striking the section heading and inserting the following: ``SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.''; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; (3) by striking subsection (a) and inserting the following: ``(a) Definition.--In this section, the term `cost' means the cost of compliance and any reasonably foreseeable indirect costs, including revenues lost as a result of an agency rule subject to this section. ``(b) In General.--Before promulgating any proposed or final rule that may have an annual effect on the economy of $100,000,000 or more (adjusted for inflation), or that may result in the expenditure by State, local, and tribal governments, in the aggregate, of $100,000,000 or more (adjusted for inflation) in any 1 year, each agency shall prepare and publish in the Federal Register an initial and final regulatory impact analysis. The initial regulatory impact analysis shall accompany the agency's notice of proposed rulemaking and shall be open to public comment. The final regulatory impact analysis shall accompany the final rule. ``(c) Content.--The initial and final regulatory impact analysis under subsection (b) shall include-- ``(1)(A) an analysis of the anticipated benefits and costs of the rule, which shall be quantified to the extent feasible; ``(B) an analysis of the benefits and costs of a reasonable number of regulatory alternatives within the range of the agency's discretion under the statute authorizing the rule, including alternatives that-- ``(i) require no action by the Federal Government; and ``(ii) use incentives and market-based means to encourage the desired behavior, provide information upon which choices can be made by the public, or employ other flexible regulatory options that permit the greatest flexibility in achieving the objectives of the statutory provision authorizing the rule; and ``(C) an explanation that the rule meets the requirements of section 205; ``(2) an assessment of the extent to which-- ``(A) the costs to State, local, and tribal governments may be paid with Federal financial assistance (or otherwise paid for by the Federal Government); and ``(B) there are available Federal resources to carry out the rule; ``(3) estimates of-- ``(A) any disproportionate budgetary effects of the rule upon any particular regions of the Nation or particular State, local, or tribal governments, urban or rural or other types of communities, or particular segments of the private sector; and ``(B) the effect of the rule on job creation or job loss, which shall be quantified to the extent feasible; and ``(4)(A) a description of the extent of the agency's prior consultation with elected representatives (under section 204) of the affected State, local, and tribal governments; ``(B) a summary of the comments and concerns that were presented by State, local, or tribal governments either orally or in writing to the agency; and ``(C) a summary of the agency's evaluation of those comments and concerns.''; (4) in subsection (d) (as redesignated by paragraph (2) of this subsection), by striking ``subsection (a)'' and inserting ``subsection (b)''; and (5) in subsection (e) (as redesignated by paragraph (2) of this subsection), by striking ``subsection (a)'' each place that term appears and inserting ``subsection (b)''. SEC. 4. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED. Section 205 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1535) is amended to read as follows: ``SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED. ``Before promulgating any proposed or final rule for which a regulatory impact analysis is required under section 202, the agency shall-- ``(1) identify and consider a reasonable number of regulatory alternatives within the range of the agency's discretion under the statute authorizing the rule, including alternatives required under section 202(c)(1)(B); and ``(2) from the alternatives described under paragraph (1), select the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the statute.''. SEC. 5. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY AGENCIES. (a) In General.--Section 421(1) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 658(1)) is amended by striking ``, but does not include independent regulatory agencies''. (b) Exemption for Monetary Policy.--The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.) is amended by inserting after section 5 the following: ``SEC. 6. EXEMPTION FOR MONETARY POLICY. ``Nothing in title II, III, or IV shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.''. SEC. 6. JUDICIAL REVIEW. Section 401 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1571) is amended to read as follows: ``SEC. 401. JUDICIAL REVIEW. ``(a) In General.--For any rule subject to section 202, a party aggrieved by final agency action is entitled to judicial review of an agency's analysis under and compliance with subsections (b) and (c)(1) of section 202 and section 205. The scope of review shall be governed by chapter 7 of title 5, United States Code. ``(b) Jurisdiction.--Each court having jurisdiction to review a rule subject to section 202 for compliance with section 553 of title 5, United States Code, or under any other provision of law, shall have jurisdiction to review any claims brought under subsection (a) of this section. ``(c) Relief Available.--In granting relief in an action under this section, the court shall order the agency to take remedial action consistent with chapter 7 of title 5, United States Code, including remand and vacatur of the rule.''. SEC. 7. EFFECTIVE DATE. This Act shall take effect 90 days after the date of enactment of this Act.", "summary": "Unfunded Mandates Accountability Act of 2011 - Amends the Unfunded Mandates Reform Act of 1995 to: (1) require regulatory impact analyses for rules that do not involve a legislative mandate and for final rules that do not have a prior notice of proposed rulemaking; (2) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more or that may result in the expenditure of $100 million or more in any one year by state, local, and tribal governments; (3) require such agencies to identify and consider regulatory alternatives before promulgating any proposed or final rule and select the least costly, most cost-effective, or least burdensome alternative; (4) define \"cost\" as the cost of compliance and any reasonably foreseeable indirect cost resulting from agency rulemaking; (5) exempt rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee from provisions of such Act relating to regulatory accountability and reform, review of federal mandates, and judicial review; and (6) expand provisions relating to judicial review of regulatory impact analyses. Amends the Congressional Budget and Impoundment Control Act of 1974 to require independent regulatory agencies to conduct regulatory impact analyses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign-Held Debt Transparency and Threat Assessment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the following: (A) The Committee on Armed Services, the Committee on Foreign Relations, the Committee on Finance, and the Committee on the Budget of the Senate. (B) The Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives. (2) Debt instruments of the united states.--The term ``debt instruments of the United States'' means all bills, notes, and bonds issued or guaranteed by the United States or by an entity of the United States Government, including any Government- sponsored enterprise. SEC. 3. FINDINGS. Congress makes the following findings: (1) On March 16, 2006, the United States Senate debated and then narrowly passed legislation, H.J. Res. 47, to increase the statutory limit on the public debt of the United States. In a statement published in the Congressional Record, then-Senator Barack Obama opposed the legislation and stated, ``The fact that we are here today to debate raising America's debt limit is a sign of leadership failure. It is a sign that the U.S. Government can't pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government's reckless fiscal policies.''. Then- Senator Obama went on to say that ``Increasing America's debt weakens us domestically and internationally. Leadership means that `the buck stops here'. Instead, Washington is shifting the burden of bad choices today onto the backs of our children and grandchildren. America has a debt problem and a failure of leadership. Americans deserve better.''. (2) On February 25, 2010, United States Secretary of State, Hillary Rodham Clinton, urged members of Congress to address the Federal budget deficit: ``We have to address this deficit and the debt of the United States as a matter of national security, not only as a matter of economics. I do not like to be in a position where the United States is a debtor nation to the extent that we are.''. The Secretary went on to say that reliance on foreign creditors has hit the United States ``ability to protect our security, to manage difficult problems and to show the leadership that we deserve.''. (3) On February 16, 2011, Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, testified before the Committee on Armed Services of the Senate: ``Indeed, I believe that our debt is the greatest threat to our national security. If we as a country do not address our fiscal imbalances in the near-term, our national power will erode, and the costs to our ability to maintain and sustain influence could be great.''. (4) The Department of the Treasury borrows from the private economy by selling securities, including Treasury bills, notes, and bonds, in order to finance the Federal budget deficit. This additional borrowing to finance the deficit adds to the Federal debt. (5) The Federal debt stands at more than $14,345,000,000,000. (6) According to a report issued by the Department of the Treasury on May 16, 2011, entitled ``Major Foreign Holders of Treasury Securities'', foreign holdings of United States Treasury securities stood at more than $3,175,000,000,000 at the end of March 2011. The People's Republic of China was the single largest holder with holdings of more than $1,144,000,000,000. (7) Despite efforts by the Department of the Treasury to identify the nationality of the ultimate holders of United States securities, including United States Treasury securities, data pertaining to foreign holders of these securities may still fail to reflect the true nationality of the foreign entities involved. For example, another Department of the Treasury report, issued on February 28, 2011, entitled ``Preliminary Report on Foreign Holdings of U.S. Securities At End-June 2010'', assigns $732,000,000,000 worth of United States securities to the Cayman Islands, a British overseas territory with a population of only 55,000 people. The Cayman Islands is not itself a large investor in United States securities; rather, it is a major international financial center and is routinely used as a place to invest funds from elsewhere. (8) On February 25, 2010, Simon Johnson, an economics professor at the Massachusetts Institute of Technology and a former chief economist for the International Monetary Fund, testified before the U.S.-China Economic and Security Review Commission that United States Treasury data understate Chinese holdings of United States Government debt and ``do not reveal the ultimate country of ownership when debt instruments are held through an intermediary in another jurisdiction.''. He stated that ``a great deal'' of the United Kingdom's increase in United States Treasury securities last year ``may be due to China placing offshore dollars in London-based banks'', which are then used to purchase United States Treasury securities. (9) On February 25, 2010, Dr. Eswar Prasad, an economist at Cornell University, testified before the U.S.-China Economic and Security Review Commission that the amount of United States debt held by the People's Republic of China is much higher than United States Treasury data indicate. In his revised testimony, Dr. Prasad went on to explain that China is probably currently holding more than $1,300,000,000,000 in United States Treasury securities. (10) According to a February 3, 2009, report by the Heritage Foundation, entitled ``Chinese Foreign Investment: Insist on Transparency'', the State Administration of Foreign Exchange (SAFE) of the People's Republic of China, the government body that purchases foreign securities, is the single largest global investor and the largest foreign investor in the United States. (11) According to a September 2008 Council on Foreign Relations report entitled ``Sovereign Wealth and Sovereign Power,'' ``. . . political might is often linked to financial might, and a debtor's capacity to project military power hinges on the support of its creditors . . . The United States' main sources of financing are not allies.''. The report goes on to argue that, ``the United States' current reliance on other governments for financing represents an underappreciated strategic vulnerability.''. (12) In recent years, Chinese military officials have publicized the potential use of United States Treasury securities as a means of influencing United States policy and deterring specific United States actions. On February 8, 2010, retired People's Liberation Army (PLA) Major General Luo Yuan, from the PLA Academy of Military Science, stated in an interview with state-controlled media that China could attack the United States ``by oblique means and stealthy feints'', in retaliation for United States arms sales to Taiwan. He went on to say, ``Our retaliation should not be restricted to merely military matters, and we should adopt a strategic package of counterpunches covering politics, military affairs, diplomacy and economics to treat both the symptoms and root cause of this disease. For example, we could sanction them using economic means, such as dumping some U.S. government bonds.''. (13) The PLA has also referenced the concept of nonmilitary aspects of deterrence in written statements. A PLA textbook, ``The Science of Military Strategy'', observes that there are various forms of deterrence, including economic and technological, all of which need to be developed and consciously strengthened in order to maximize effect. These forms will only work ``with the determination and volition of employment of the force, and by dangling the word of deterrence over the rival's head in case of necessity.''. (14) According to a May 16, 2011, report by ABC News, a congressional delegation of 10 United States Senators visited China in April 2011, and met with Chinese government officials. The news report indicates that, during one meeting, the Senators were reprimanded by a Chinese official regarding the mounting United States Federal debt. (15) A February 7, 2010, report by Defense News suggests that China's extensive holdings of United States Government securities have already directly influenced United States national security policy. According to an unnamed Pentagon official, Obama Administration officials softened a draft of a key national security document in order to avoid ``harsh words'' that ``might upset Chinese officials at a time when the United States and China are economically intertwined.''. The news report indicates that these officials ``deleted several passages and softened others about China's military buildup''. This critical document, the 2010 Quadrennial Defense Review, provides an assessment of long-term threats and challenges for the Nation and is intended to guide military programs, plans, and budgets in the coming decades. (16) The United States Government pays China a substantial amount of interest on China's $1,144,000,000,000 in holdings of United States Government debt, and this enhances China's ability to fund its own military programs. (17) According to a March 4, 2011, report by Xinhua, the official press agency of the government of the People's Republic of China, China plans to increase its 2011 military budget by 12.7 percent to 601,000,000,000 yuan (the equivalent of $91,500,000,000). This increase is in addition to China's 2010 increase in its military budget of 7.5 percent. (18) According to the Department of Defense's (DoD) 2010 report entitled ``Military and Security Developments Involving the People's Republic of China,'' the DoD estimates China's actual total military-related spending for 2009 to be over $150,000,000,000. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the growing Federal debt of the United States has the potential to jeopardize the national security and economic stability of the United States; (2) the increasing dependence of the United States on foreign creditors has the potential to make the United States vulnerable to undue influence by certain foreign creditors in national security and economic policymaking; (3) the People's Republic of China is the largest foreign creditor of the United States, in terms of its overall holdings of debt instruments of the United States; (4) the current level of transparency in the scope and extent of foreign holdings of debt instruments of the United States is inadequate and needs to be improved, particularly regarding the holdings of the People's Republic of China; (5) through the People's Republic of China's large holdings of debt instruments of the United States, China has become a super creditor of the United States; (6) under certain circumstances, the holdings of the People's Republic of China could give China a tool with which China can try to manipulate the domestic and foreign policymaking of the United States, including the United States relationship with Taiwan; (7) under certain circumstances, if the People's Republic of China were to be displeased with a given United States policy or action, China could attempt to destabilize the United States economy by rapidly divesting large portions of China's holdings of debt instruments of the United States; and (8) the People's Republic of China's expansive holdings of such debt instruments of the United States could potentially pose a direct threat to the United States economy and to United States national security. This potential threat is a significant issue that warrants further analysis and evaluation. SEC. 5. QUARTERLY REPORT ON RISKS POSED BY FOREIGN HOLDINGS OF DEBT INSTRUMENTS OF THE UNITED STATES. (a) Quarterly Report.--Not later than March 31, June 30, September 30, and December 31 of each year, the President shall submit to the appropriate congressional committees a report on the risks posed by foreign holdings of debt instruments of the United States, in both classified and unclassified form. (b) Matters To Be Included.--Each report submitted under this section shall include the following: (1) The most recent data available on foreign holdings of debt instruments of the United States, which data shall not be older than the date that is 7 months preceding the date of the report. (2) The country of domicile of all foreign creditors who hold debt instruments of the United States. (3) The total amount of debt instruments of the United States that are held by the foreign creditors, broken out by the creditors' country of domicile and by public, quasi-public, and private creditors. (4) For each foreign country listed in paragraph (2)-- (A) an analysis of the country's purpose in holding debt instruments of the United States and long-term intentions with regard to such debt instruments; (B) an analysis of the current and foreseeable risks to the long-term national security and economic stability of the United States posed by each country's holdings of debt instruments of the United States; and (C) a specific determination of whether the level of risk identified under subparagraph (B) is acceptable or unacceptable. (c) Public Availability.--The President shall make each report required by subsection (a) available, in its unclassified form, to the public by posting it on the Internet in a conspicuous manner and location. SEC. 6. ANNUAL REPORT ON RISKS POSED BY THE FEDERAL DEBT OF THE UNITED STATES. (a) In General.--Not later than December 31 of each year, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the risks to the United States posed by the Federal debt of the United States. (b) Content of Report.--Each report submitted under this section shall include the following: (1) An analysis of the current and foreseeable risks to the long-term national security and economic stability of the United States posed by the Federal debt of the United States. (2) A specific determination of whether the levels of risk identified under paragraph (1) are sustainable. (3) If the determination under paragraph (2) is that the levels of risk are unsustainable, specific recommendations for reducing the levels of risk to sustainable levels, in a manner that results in a reduction in Federal spending. SEC. 7. CORRECTIVE ACTION TO ADDRESS UNACCEPTABLE AND UNSUSTAINABLE RISKS TO UNITED STATES NATIONAL SECURITY AND ECONOMIC STABILITY. In any case in which the President determines under section 5(b)(4)(C) that a foreign country's holdings of debt instruments of the United States pose an unacceptable risk to the long-term national security or economic stability of the United States, the President shall, within 30 days of the determination-- (1) formulate a plan of action to reduce the risk level to an acceptable and sustainable level, in a manner that results in a reduction in Federal spending; (2) submit to the appropriate congressional committees a report on the plan of action that includes a timeline for the implementation of the plan and recommendations for any legislative action that would be required to fully implement the plan; and (3) move expeditiously to implement the plan in order to protect the long-term national security and economic stability of the United States.", "summary": "Foreign-Held Debt Transparency and Threat Assessment Act - Expresses the sense of Congress about the growing federal debt of the United States, the increasing U.S. dependence on foreign creditors like the People's Republic of China, whose holdings could give China a tool with which to manipulate U.S. policymaking (including with respect to Taiwan) and pose a direct threat to the national economy and national security. Directs the President to report quarterly to certain congressional committees on the risks posed by foreign holdings of U.S. debt instruments, and make such report public on the Internet. Directs the President to formulate, report to the appropriate congressional committees, and implement a plan of action to reduce an unsustainable level of risk to an acceptable and sustainable level, in a manner that results in a reduction in federal spending, in any case in which the President makes specified determinations that a foreign country's holdings of U.S. debt instruments pose an unacceptable risk to long-term national security or economic stability of the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``William H. Gray, III, College Completion Challenge Grant Program of 1999''. SEC. 2. PROGRAM AUTHORIZED. Subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1132a et seq.) is amended by adding at the end thereof the following new chapter: ``CHAPTER 4--WILLIAM H. GRAY, III, COLLEGE COMPLETION CHALLENGE GRANT PROGRAM ``SEC. 408A. FINDINGS. ``Congress makes the following findings: ``(1) Students from low-income families are significantly more likely to leave a 4-year institution of higher education without a baccalaureate degree than are students with higher incomes. ``(2) Even among students with above average grades, low- income students are still more likely to leave a 4-year institution of higher education without a baccalaureate degree than are students with higher incomes, especially low-income students enrolled at private institutions. ``(3) This lack of persistence to completion of a baccalaureate degree continues to contribute to the gap in educational attainment and ultimate income levels between disadvantaged students and their more affluent classmates. ``(4) While the focus of Federal student financial assistance and higher education programs has traditionally been to ensure access to postsecondary education, the Federal Government should expand its role in student financial assistance programs for postsecondary education to address this lack of persistence to baccalaureate degree completion. ``(5) The amount of grant assistance provided to postsecondary students is critical to their persistence and degree attainment. ``(6) In addition to economic disadvantage, the following factors significantly contribute to a student dropping out of a 4-year institution of higher education: ``(A) A delayed entry into postsecondary education after graduating from high school. ``(B) A low grade point average. ``(C) Working full-time while enrolled. ``(D) Being a first-generation college student. ``(E) Being less engaged with an academic program. ``(7) Most students who drop out of college, particularly those at the greatest risk of leaving their programs of study without a baccalaureate degree, do so during the first 2 years of study. ``(8) At-risk students who receive targeted academic support services persist to degree completion at higher rates than at-risk students who do not receive such services. ``(9) Educators interested in student retention have long viewed intensive academic summer programs for incoming first- year students as very important in helping students from disadvantaged backgrounds become acclimated to college life and in improving retention. ``SEC. 408B. PURPOSE AND PROGRAM AUTHORITY. ``(a) Purpose.--The purpose of this program is to assist institutions of higher education to help students who are at risk of ending their postsecondary education prior to obtaining baccalaureate degrees, particularly those who are economically disadvantaged, to stay in school until they obtain those degrees. ``(b) Program Authorized.--From funds appropriated pursuant to section 408G for each fiscal year, the Secretary is authorized, in accordance with the requirements of this chapter, to award competitive grants to eligible institutions to enable them to pay the Federal share of the costs of carrying out programs designed to meet the purpose of this chapter. ``(c) Duration of Grant.--A grant made under this chapter shall be awarded for a period of 3 years. ``SEC. 408C. INSTITUTIONAL ELIGIBILITY. ``(a) In General.--An institution of higher education is eligible to receive a grant under this chapter if the institution-- ``(1) meets the requirements of section 102; and ``(2) awards baccalaureate degrees, or, subject to subsection (b)(1), associate degrees. ``(b) Limitations.-- ``(1) Associate degree-granting institutions.--An eligible applicant that awards only associate degrees may apply for a grant under this chapter only as part of a consortium that includes one or more institutions of higher education that awards baccalaureate degrees. ``(2) Multiple grants.--An institution that receives a grant under this chapter may compete to receive a subsequent grant, but may not receive more than two grants under this chapter. ``SEC. 408D. APPLICATION PROCESS. ``(a) In General.-- ``(1) ____.--Each eligible applicant that desires a grant under this chapter shall submit to the Secretary an application for that grant at such time and containing such information as the Secretary may prescribe. ``(2) Demonstration of prior commitment.--In order to receive a grant under this chapter, an applicant shall demonstrate in its application, to the satisfaction of the Secretary, its successful prior commitment to the purposes of this chapter, through the prior support of at least one of the activities described in section 408E(a). ``(b) Matching Requirement.-- ``(1) In general.--The Federal share of the cost of programs assisted under this chapter shall not be more than 50 percent, and the matching funds shall be from non-Federal sources. ``(2) Consortia.--The Secretary may establish in regulations the matching requirement applicable to a consortium of institutions in which some of the institutions are eligible for a waiver of the matching requirement pursuant to section 395 or section 515. ``(c) Coordination Requirement.--Each eligible institution shall ensure that the activities provided under this chapter are, to the extent practicable, coordinated with, complement, and enhance related services under other Federal and non-Federal programs, and do not duplicate the services already provided at that institution. ``(d) Supplement, Not Supplant.--Funds under this chapter shall be used to supplement, and not supplant, non-Federal funds expended for existing programs. ``SEC. 408E. AUTHORIZED ACTIVITIES. ``(a) In General.--An eligible institution that receives a grant under this chapter shall, except as provided in subsection (b), use the grant to provide services or assistance to students at risk of leaving their programs of study without baccalaureate degrees, particularly economically disadvantaged students, by carrying out one or more of the following: ``(1) Implementing an intensive summer program for incoming first-year students (or students entering their second or third year of postsecondary education if the institution can demonstrate that it is addressing the needs of first-year students and that a summer program could help retention of second- or third-year students at risk of dropping out), provided that the institution demonstrates in its application that it has a strong commitment to student retention through additional activities. ``(2) Developing a strong student support service program, targeted to students in their first 2 years of postsecondary education, that includes activities such as-- ``(A) peer tutoring; ``(B) mentoring programs involving faculty and upper class students; ``(C) activities to assist students currently enrolled in a 2-year institution to secure admission and financial assistance in a 4-year program of postsecondary education; ``(D) activities to assist students in securing admission and financial assistance for enrollment in graduate and professional programs; and ``(E) assistance in course selection. ``(3) Providing grants to students in their first 2 years of postsecondary education, in an amount not less than required under subsection (c), except that a recipient that provides grants under this paragraph shall also provide services under paragraphs (1) or (2), or both. ``(b) Special Rule.--A recipient of funds under this chapter may serve students who have completed their first 2 years of postsecondary education if it demonstrates in its application, to the satisfaction of the Secretary, that-- ``(1) these students are at high risk of dropping out; and ``(2) it will first meet the needs of all its eligible first- and second-year students for services under this chapter. ``(c) Grant Size.-- ``(1) In general.--The Secretary may, by regulation, establish minimum student grant award levels for purposes of subsection (a)(3), taking into account such factors as the different costs of attendance associated with public and private institutions. ``(2) Exception.--If the Secretary does not establish minimum student grant award levels under paragraph (1), or if an institution wishes to provide grants under subsection (a)(3) in an amount less than the minimum set by the Secretary, the institution shall demonstrate in its application, to the satisfaction of the Secretary, that the size of the grants it will provide is appropriate and likely to have a significant effect on the persistence problem at that institution. ``SEC. 408F. RELATION TO OTHER FINANCIAL ASSISTANCE. ``A grant provided to a student by an eligible institution from an award made under this chapter shall not be considered in determining that student's need for grant or work assistance under this title, except that in no case shall the total amount of student financial assistance awarded to a student under this title exceed that student's cost of attendance, as defined by section 472. ``SEC. 408G. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this chapter $35,000,000 for fiscal year 2000, and such sums as may be necessary for each of the 4 succeeding fiscal years.-- ``(b) Special Rule.--From the amounts appropriated under subsection (a) for any fiscal year, the Secretary may reserve up to 1 percent of such amount for that fiscal year in order to carry out an evaluation of the program authorized by this chapter.''. SEC. 3. EFFECTIVE DATE. The amendment made by section 2 shall be effective on October 1, 1999.", "summary": "Authorizes the Secretary of Education to make competitive matching grants to such institutions or consortia (which may include associate degree-granting institutions belonging to a consortium that also includes baccalaureate degree- granting institutions). Limits to two the number of such grants to any institution. Requires institutions to use grant funds to provide services or assistance to students, particularly economically disadvantaged students, at risk of leaving their programs of study without baccalaureate degrees. Requires this to be done through one or both of the following: (1) intensive summer programs for incoming first-year students (and, under certain conditions, second- or third-year students); and (2) student support service programs, targeted to students in their first two years of postsecondary education. Allows institutions, if they carry out either or both of those required programs, to use such funds also for grants to students in their first two years of postsecondary education. Allows use of such funds to serve students who have completed their first two years of postsecondary education if they are at-risk and the institution will first meet the needs of all its eligible first- and second-year students for services under this Act. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Land Disposal Program Flexibility Act of 1996''. SEC. 2. LAND DISPOSAL RESTRICTIONS. Section 3004(g) of the Solid Waste Disposal Act is amended by adding after paragraph (6) the following: ``(7) Solid waste identified as hazardous based solely on one or more characteristics shall not be subject to this subsection, any prohibitions under subsection (d), (e), or (f), or any requirement promulgated under subsection (m) (other than any applicable specific methods of treatment, as provided in paragraph (8)) if the waste-- ``(A) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under section 402 of the Federal Water Pollution Control Act (commonly known as the ``Clean Water Act'') (33 U.S.C. 1342), treated for the purposes of the pretreatment requirements of section 307 of the Clean Water Act (33 U.S.C. 1317), or treated in a zero discharge system that, prior to any permanent land disposal, engages in treatment that is equivalent to treatment required under section 402 of the Clean Water Act (33 U.S.C. 1342) for discharges to waters of the United States, as determined by the Administrator; and ``(B) no longer exhibits a hazardous characteristic prior to management in any land-based solid waste management unit. ``(8) Solid waste that otherwise qualifies under paragraph (7) shall nevertheless be required to meet any applicable specific methods of treatment specified for such waste by the Administrator under subsection (m), including those specified in the rule promulgated by the Administrator June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in paragraph (7)(A). No solid waste may qualify under paragraph (7) that would generate toxic gases, vapors, or fumes due to the presence of cyanide when exposed to pH conditions between 2.0 and 12.5. ``(9) Solid waste identified as hazardous based on one or more characteristics alone shall not be subject to this subsection, any prohibitions under subsection (d), (e), or (f), or any requirement promulgated under subsection (m) if the waste no longer exhibits a hazardous characteristic at the point of injection in any Class I injection well permitted under section 1422 of title XIV of the Public Health Service Act (42 U.S.C. 300h-1). ``(10) Not later than five years after the date of enactment of this paragraph, the Administrator shall complete a study of hazardous waste managed pursuant to paragraph (7) or (9) to characterize the risks to human health or the environment associated with such management. In conducting this study, the Administrator shall evaluate the extent to which risks are adequately addressed under existing State or Federal programs and whether unaddressed risks could be better addressed under such laws or programs. Upon receipt of additional information or upon completion of such study and as necessary to protect human health and the environment, the Administrator may impose additional requirements under existing Federal laws, including subsection (m)(1), or rely on other State or Federal programs or authorities to address such risks. In promulgating any treatment standards pursuant to subsection (m)(1) under the previous sentence, the Administrator shall take into account the extent to which treatment is occurring in land-based units as part of a treatment system specified in paragraph (7)(A). ``(11) Nothing in paragraph (7) or (9) shall be interpreted or applied to restrict any inspection or enforcement authority under the provisions of this Act.''. SEC. 3. GROUND WATER MONITORING. (a) Amendment of Solid Waste Disposal Act.--Section 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended as follows: (1) By striking ``Criteria.--Not later'' and inserting the following: ``Criteria.-- ``(1) In general.--Not later''. (2) By adding at the end the following new paragraphs: ``(2) Additional revisions.--Subject to paragraph (3), the requirements of the criteria described in paragraph (1) relating to ground water monitoring shall not apply to an owner or operator of a new municipal solid waste landfill unit, an existing municipal solid waste landfill unit, or a lateral expansion of a municipal solid waste landfill unit, that disposes of less than 20 tons of municipal solid waste daily, based on an annual average, if-- ``(A) there is no evidence of ground water contamination from the municipal solid waste landfill unit or expansion; and ``(B) the municipal solid waste landfill unit or expansion serves-- ``(i) a community that experiences an annual interruption of at least 3 consecutive months of surface transportation that prevents access to a regional waste management facility; or ``(ii) a community that has no practicable waste management alternative and the landfill unit is located in an area that annually receives less than or equal to 25 inches of precipitation. ``(3) Protection of ground water resources.-- ``(A) Monitoring requirement.--A State may require ground water monitoring of a solid waste landfill unit that would otherwise be exempt under paragraph (2) if necessary to protect ground water resources and ensure compliance with a State ground water protection plan, where applicable. ``(B) Methods.--If a State requires ground water monitoring of a solid waste landfill unit under subparagraph (A), the State may allow the use of a method other than the use of ground water monitoring wells to detect a release of contamination from the unit. ``(C) Corrective action.--If a State finds a release from a solid waste landfill unit, the State shall require corrective action as appropriate. ``(4) No-migration exemption.-- ``(A) In general.--Ground water monitoring requirements may be suspended by the Director of an approved State for a landfill operator if the operator demonstrates that there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during the active life of the unit and the post-closure care period. ``(B) Certification.--A demonstration under subparagraph (A) shall be certified by a qualified ground-water scientist and approved by the Director of an approved State. ``(C) Guidance.--Not later than 6 months after the date of enactment of this paragraph, the Administrator shall issue a guidance document to facilitate small community use of the no migration exemption under this paragraph. ``(5) Alaska native villages.--Upon certification by the Governor of the State of Alaska that application of the requirements described in paragraph (1) to a solid waste landfill unit of a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (16 U.S.C. 1602)) or unit that is located in or near a small, remote Alaska village would be infeasible, or would not be cost-effective, or is otherwise inappropriate because of the remote location of the unit, the State may exempt the unit from some or all of those requirements. This paragraph shall apply only to solid waste landfill units that dispose of less than 20 tons of municipal solid waste daily, based on an annual average. ``(6) Further revisions of guidelines and criteria.-- Recognizing the unique circumstances of small communities, the Administrator shall, not later than two years after enactment of this provision promulgate revisions to the guidelines and criteria promulgated under this subtitle to provide additional flexibility to approved States to allow landfills that receive 20 tons or less of municipal solid waste per day, based on an annual average, to use alternative frequencies of daily cover application, frequencies of methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance: Provided, That such alternative requirements take into account climatic and hydrogeologic conditions and are protective of human health and environment.''. (b) Reinstatement of Regulatory Exemption.--It is the intent of section 4010(c)(2) of the Solid Waste Disposal Act, as added by subsection (a), to immediately reinstate subpart E of part 258 of title 40, Code of Federal Regulations, as added by the final rule published at 56 Federal Register 50798 on October 9, 1991. SEC. 4. TECHNICAL CORRECTIONS TO SOLID WASTE DISPOSAL ACT. The Solid Waste Disposal Act is amended as follows: (1) In section 3001(d)(5) by striking ``under section 3001'' and inserting ``under this section''. (2) By inserting a semicolon at the end of section 3004(q)(1)(C). (3) In section 3004(g), by striking ``subparagraph (A) through (C)'' in paragraph (5) and inserting ``subparagraphs (A) through (C)''. (4) In section 3004(r)(2)(C), by striking ``pertroleum- derived'' and inserting ``petroleum-derived''. (5) In section 3004(r)(3) by inserting after ``Standard'' the word ``Industrial''. (6) In section 3005(a), by striking ``polycholorinated'' and inserting ``polychlorinated''. (7) In section 3005(e)(1), by inserting a comma at the end of subparagraph (C). (8) In section 4007(a), by striking ``4003'' in paragraphs (1) and (2)(A) and inserting ``4003(a)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Land Disposal Program Flexibility Act of 1996 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions (other than requirements pertaining to applicable specific methods of treatment promulgated by the Administrator of the Environmental Protection Agency under SWDA) solid waste identified as hazardous based solely on one or more characteristics if such waste: (1) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act (Clean Water Act), undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is treated in a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment; (2) no longer exhibits such characteristic prior to land disposal; (3) has met any applicable specific method of treatment promulgated by the Administrator, including those specified in the rule promulgated by the Administrator on June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in clause (1) above; and (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range. Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on one or more characteristics alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act. Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or rely upon other State or Federal programs or authorities to address such risks. (Sec. 3) Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions; and (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less. Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan. Allows the suspension of groundwater monitoring requirements if a landfill operator demonstrates that there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during the active life of the unit and the post-closure care period. Allows the State of Alaska to exempt units of Alaska Native villages or located in or near small, remote Alaska villages from some or all of such requirements if such requirements would be infeasible, would not be cost-effective, or would be inappropriate because of the unit's remote location. Applies this exemption only to landfills that dispose of less than 20 tons of municipal solid waste daily. Directs the Administrator to promulgate revisions to provide additional flexibility to approved States to allow landfills that receive no more than 20 tons of municipal solid waste daily to use alternative frequencies of daily cover application and methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance, provided such alternative requirements take into account climatic and hydrogeologic conditions and protect human health and the environment. Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Commerce Enhancement Act''. SEC. 2. REFERENCES. Except as otherwise specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Arms Export Control Act (22 U.S.C. 2751 et seq.). SEC. 3. FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND RESTRAINTS. (a) Value of Defense Articles and Services.--Section 3(d) (22 U.S.C. 2753(d)) is amended in paragraphs (1) and (3)(A)-- (1) by striking ``$14,000,000'' each place it appears and inserting ``$25,000,000''; and (2) by striking ``$50,000,000'' each place it appears and inserting ``$85,000,000''. (b) Transfers With Respect to NATO and Major Non-NATO Countries.-- Section 3(d) (22 U.S.C. 2753(d)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``Except as provided in subparagraph (B), unless'' and inserting ``Unless''; and (ii) in subparagraph (B) to read as follows: ``(B) Subparagraph (A) shall not apply in the case of a proposed transfer to the North Atlantic Treaty Organization, or any member country of such Organization, Japan, Australia, or New Zealand.''; and (iii) in subparagraph (C), by striking ``or (B)''; and (2) in paragraph (3)-- (A) in the second sentence of subparagraph (A), by striking ``shall be submitted'' and all that follows through ``unless the President'' and inserting ``shall be submitted at least 30 calendar days before such consent is given in the case of a transfer to a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, unless the President''; (B) in the third sentence of subparagraph (A), by striking ``(thus waiving the requirements of clause (i) or (ii), as the case may be, and of subparagraph (B))''; and (C) in subparagraph (B)-- (i) by striking ``15-day or''; and (ii) by striking ``subparagraph (A)(i) or (ii), as the case may be,'' and inserting ``subparagraph (A)''. SEC. 4. MILITARY EXPORT CONTROLS. (a) Value of Defense Articles and Services.--Section 36 (22 U.S.C. 2776) is amended in the first sentence of subsections (b)(1) and (c)(1)-- (1) by striking ``$14,000,000'' each place it appears and inserting ``$25,000,000''; and (2) by striking ``$50,000,000'' each place it appears and inserting ``$85,000,000''. (b) Transfers With Respect to NATO and Major Non-NATO Countries.-- Section 36 (22 U.S.C. 2776) is amended-- (1) in subsection (b)-- (A) in the matter following subparagraph (P) of paragraph (1), by striking ``proposed sale to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, if the Congress, within fifteen calendar days after receiving such certification, or with respect to a proposed sale to any other country or organization,'' and inserting ``proposed sale to a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, or to any other organization,''; and (B) in paragraph (2), strike ``, except that for purposes of consideration of any joint resolution'' and all that follows through ``its introduction''; (2) in subsection (c)(2)-- (A) in subparagraph (A)-- (i) by striking ``the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand'' and inserting ``a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, or to any other organization''; (ii) by striking ``15'' each place it appears and inserting ``30''; and (iii) by adding ``and'' at the end; (B) in subparagraph (B), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (C); and (3) in subsection (d)-- (A) in paragraph (2), by striking ``shall be submitted'' and all that follows through ``unless the President'' and inserting ``shall be submitted at least 30 days before approval is given in the case of an agreement for or in a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, unless the President''; and (B) in paragraph (4)-- (i) by striking ``15-day or''; and (ii) by striking ``paragraph (2)(A) or (B), as the case may be,'' and inserting ``paragraph (2)''. (c) License Applications for Commercial Sales.--Section 36(c)(1) (22 U.S.C. 2776(c)(1)) is amended in the first sentence by striking ``sold under a contract'' each place it appears and inserting ``to be sold under a contract, proposed contract, or formal proposal of sale''. SEC. 5. LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES. (a) Value of Defense Articles.--Section 63(a) (22 U.S.C. 2796b(a)) is amended-- (1) by striking ``$14,000,000'' and inserting ``$25,000,000''; and (2) by striking ``$50,000,000'' and inserting ``$85,000,000''. (b) Transfers With Respect to NATO and Major Non-NATO Countries.-- Chapter 6 (22 U.S.C. 2796) is amended-- (1) in section 62(c), by striking ``shall be transmitted'' and all that follows through ``organization or country'' and inserting ``shall be transmitted not less than 30 calendar days before the agreement is entered into or renewed in the case of an agreement with a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, or any other organization''; and (2) in section 63(a)-- (A) by striking ``15-day or''; and (B) by striking ``section 62(c) (1) or (2), as the case may be,'' and inserting ``section 62(c)''.", "summary": "International Commerce Enhancement Act - Amends the Arms Export Control Act to increase threshold values of major defense equipment or defense articles or related training or other defense services whose transfer or lease to foreign countries would require a presidential certification to Congress. Exempts from specified congressional oversight requirements any such transfers to North Atlantic Treaty Organization (NATO) countries, Japan, Australia, or New Zealand."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rush Hour Congestion Relief Act of 2004''. SEC. 2. TRAFFIC INCIDENT MANAGEMENT PROGRAM. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after section 138 the following: ``Sec. 139. Traffic incident management program ``(a) In General.--The Secretary shall establish and implement a traffic incident management program in accordance with this section to assist States and localities in-- ``(1) regional traffic incident management program planning; and ``(2) carrying out projects to mitigate the effects of traffic delays resulting from accidents, breakdowns, and other non-recurring incidents on highways. ``(b) Use of Funds.--Funds apportioned to a State under this section may be used for-- ``(1) regional collaboration and coordination activities that lead to regional traffic incident management policies, programs, plans, procedures, and agreements; ``(2) purchase or lease of telecommunications equipment for first responders as part of the development of a regional traffic incident management program; ``(3) purchase or lease of equipment to support the clearance of traffic incidents; ``(4) payments to contractors for towing and recovery services as part of a regional traffic incident management program; ``(5) rental of vehicle storage or staging areas immediately adjacent to roadways as part of a regional traffic incident management program; ``(6) traffic service patrols as part of a regional traffic incident management program; ``(7) enhanced hazardous materials incident response; ``(8) traffic management systems in support of traffic incident management; ``(9) traffic incident management training; ``(10) crash investigation equipment; ``(11) other activities under a regional traffic incident management plan; and ``(12) statewide incident reporting systems. ``(c) Regional Traffic Incident Management Plan.-- ``(1) Plan.-- ``(A) In general.--Except as provided in subparagraph (B), funds apportioned under this section may not be obligated for an urbanized area with a population greater than 300,000 until such time as a regional traffic incident management plan is developed for the urbanized area. ``(B) Funds for plan.--An urbanized area described in subparagraph (A) may use funds apportioned under this section to develop the regional traffic incident management plan in accordance with this subsection. ``(2) Plan development.-- ``(A) Collaboration.--Any urbanized area described in paragraph (1) that receives funds apportioned under this section shall engage in regional collaboration and coordination activities to develop the regional traffic incident management plan required for the urbanized area under that paragraph. ``(B) Plan elements.--The regional traffic incident management plan for an urbanized area under paragraph (1) shall include-- ``(i) a strategy, adopted by transportation, public safety, and appropriate private sector participants, for funding, implementing, managing, operating, and evaluating the traffic incident management program initiatives and activities for the urbanized area in a manner that ensures regional coordination of those initiatives and activities; ``(ii) an estimate of the impact of the plan on traffic delays; and ``(iii) a description of the means by which traffic incident management information will be shared among operators, service providers, public safety officials, and the general public. ``(d) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $1,000,000,000 for each of fiscal years 2005 through 2010. ``(2) Apportionment among states.--Funds made available under paragraph (1) shall be apportioned among the States in the proportion that-- ``(A) the aggregate population of the State, or part of the State, in urbanized areas with a population greater than 300,000; bears to ``(B) the total population of all States, or parts of all States, in those urbanized areas. ``(3) Distribution within states.--Funds apportioned to a State under paragraph (2) shall be made available to carry out projects and activities under regional traffic incident management plans in each urbanized area in the State with a population greater than 300,000 in the proportion that-- ``(A) the population of the urbanized area, or part of the urbanized area, in the State; bears to ``(B) the total population of all urbanized areas in the State. ``(e) Determination of Populations.--For the purpose of determining populations of areas under this section, the Secretary shall use information from the most current decennial census, as supplied by the Secretary of Commerce.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 138 the following: ``139. Traffic incident management program.''.", "summary": "Rush Hour Congestion Relief Act of 2004 - Amends the Federal-Aid Highways Program to direct the Secretary of Transportation to establish and implement a traffic incident management program to assist States and localities in: (1) regional traffic incident management program planning; and (2) carrying out projects to mitigate the effects of traffic delays resulting from accidents, breakdowns, and other non-recurring incidents on highways. Prohibits funds apportioned under this Act from being obligated for an urbanized area with a population greater than 300,000 until such time as a regional traffic incident management plan is developed for the urbanized area. Requires an urbanized area that receives funds under this Act to engage in certain regional collaboration and coordination activities to develop a prescribed regional traffic incident management plan. Prescribes an apportionment formula for funds distribution among the States to implement this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Department of Homeland Security Firearms Act of 2017'' or the ``Securing DHS Firearms Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Homeland Security. (2) Lost.--The term ``lost'' includes loss by theft. (3) Sensitive assets.--The term ``sensitive assets'' means any asset, regardless of value-- (A) that the Department of Homeland Security issues to a Department employee; and (B) that either the Under Secretary for Management of the Department or a component head determines requires special control and accounting. (4) Under secretary for management.--The term ``Under Secretary for Management'' means the Under Secretary for Management of the Department of Homeland Security. SEC. 3. INCLUSION OF SECURING FIREARMS AND OTHER SENSITIVE ASSETS IN RESPONSIBILITIES OF UNDER SECRETARY FOR MANAGEMENT. Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended-- (1) in subsection (a)(6), by inserting ``(including firearms and other sensitive assets)'' after ``equipment''; (2) by redesignating the second subsection (e) (relating to the definition of interoperable communications) as subsection (f); and (3) by amending such redesignated subsection (f) to read as follows: ``(f) Definitions.--In this section: ``(1) Interoperable communications.--The term `interoperable communications' has the meaning given such term in section 7303(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)). ``(2) Sensitive assets.--The term `sensitive assets' means any asset, regardless of value-- ``(A) that the Department of Homeland Security issues to a Department employee; and ``(B) that either the Under Secretary for Management of the Department or a component head determines requires special control and accounting.''. SEC. 4. MANAGEMENT DIRECTIVE. (a) Safeguarding Firearms and Sensitive Assets Directive.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, the Under Secretary for Management shall develop and disseminate a Department-wide directive for achieving adequate security over firearms and other sensitive assets across the Department. (2) Contents.--The directive required under subsection (a) shall, at a minimum, include the following: (A) Descriptions of what equipment, in addition to firearms, is classified as a sensitive asset for the purpose of carrying out this Act. (B) Requirements for securing Department-issued firearms and other sensitive assets. (C) A classification system for all categories of Department-issued badges and corresponding requirements for safeguarding such assets. (D) Reporting requirements for lost firearms and other sensitive assets, including timelines for such reporting, to supervisors, local law enforcement, the Federal Bureau of Investigation's National Crime Information Center, and Department headquarters. (E) Recordkeeping requirements for lost firearms and other sensitive assets in inventory systems, including a timeline for recording such losses. (3) Review and update of directive.--Not later than 1 year after the issuance of the directive required under subsection (a) the Under Secretary for Management shall review and update, as necessary, such directive, including adding a requirement relating to recording in the inventory systems maintained by each component of the Department the acceptance or transfer of a firearm or other sensitive asset by such component. (b) Personal Property Asset Management Program Manual.--Together with the issuance of the directive pursuant to subsection (a), the Under Secretary for Management shall disseminate a revised version of the Personal Property Asset Management Program Manual that includes the following: (1) Requirements for component heads to develop procedures to safeguard firearms and other sensitive assets during on and off-duty time. (2) Requirements for the issuance of safety locking devices and policies on the use of such assets, as applicable. (3) Requirements for initial, recurrent, and remedial training on safeguarding such assets. (4) Examples, with detail, of how to report and record lost sensitive assets across components of the Department, and an enforcement mechanism to ensure supervisors maintain such records. (5) A requirement that the file maintained on a lost firearm or other sensitive asset contains both the corresponding police report and the Department report detailing the circumstances surrounding such loss, including information on adherence to safeguarding procedures. SEC. 5. COMPONENT RESPONSIBILITIES. Department component heads shall-- (1) comply with Federal law, Federal regulations, executive branch guidance, and Department policy, including directives required by this Act, relating to the management and oversight of securing firearms and other sensitive assets; (2) review the need for non-law enforcement badges; (3) require component personnel to safeguard firearms and other sensitive assets in accordance with the directive issued by the Under Secretary for Management under section 4; (4) require that component personnel adhere to the procedures and timelines for properly reporting to supervisors lost firearms and other sensitive assets; (5) require that lost firearms and other sensitive assets are reported to local law enforcement, the Federal Bureau of Investigation's National Crime Information Center, and Department headquarters in the timeframe established in such directive; and (6) require that lost firearms and other sensitive assets are recorded in inventory systems in the timeframe established by such directive. SEC. 6. INSPECTOR GENERAL REVIEW. The Inspector General of the Department of Homeland Security shall, on an ongoing basis, review implementation of this Act and, not later than 180 days after issuance of the directive under section 4, submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the progress and effectiveness of such directive, including an assessment of the adequacy of such directive, as well as the level of compliance among the components of the Department to achieve adequate security of sensitive assets across Department components. Passed the House of Representatives January 9, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Securing Department of Homeland Security Firearms Act of 2017 or the Securing DHS Firearms Act of 2017 (Sec. 3) This bill makes the Under Secretary for Management of the Department of Homeland Security (DHS) responsible for the security of DHS firearms and other sensitive assets."Sensitive assets" are defined as any asset, regardless of value, that DHS issues to a DHS employee and that the Under Secretary or a component head determines requires special control and accounting. (Sec. 4) The Under Secretary shall develop and disseminate a directive for achieving adequate security over such assets across DHS, which shall include: (1) descriptions of what equipment is classified as a sensitive asset, (2) requirements for securing such assets, (3) a classification system for all categories of DHS-issued badges and corresponding requirements for safeguarding such assets, and (4) reporting and record keeping requirements for lost assets (defined to include loss by theft). The Under Secretary shall update such directive within one year, including by adding a requirement relating to recording in the inventory systems maintained by each DHS component the acceptance or transfer of a sensitive asset. The Under Secretary shall disseminate a revised version of the Personal Property Asset Management Program Manual that includes: requirements for component heads to develop procedures to safeguard firearms and other sensitive assets during on- and off-duty time; requirements for the issuance of safety locking devices and policies on the use of such assets; requirements for training on safeguarding such assets; instructions for reporting and recording lost sensitive assets and an enforcement mechanism to ensure that supervisors maintain such records; and a requirement that a file on a lost asset contain the DHS report and the corresponding police report. (Sec. 5) DHS components must: comply with federal law, executive branch guidance, and DHS policy regarding the management and oversight of securing sensitive assets; review the need for non-law enforcement badges; require personnel to comply with requirements for safeguarding sensitive assets and reporting on lost assets; and require that lost assets are reported to local law enforcement, the National Crime Information Center, and DHS headquarters and recorded in inventory systems in the time frame established by the security directive. (Sec. 6) The Inspector General of DHS shall, on an ongoing basis, review implementation of this bill and report to Congress on the progress and effectiveness of the directive for safeguarding firearms and sensitive assets."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Cancer Registry Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Studies conducted since the 1990s have indicated a strong link between firefighting and an increased risk for several major cancers. (2) The cancers identified as most common among firefighters according to these studies include testicular cancer, which male firefighters are 102 percent more likely to be diagnosed with, stomach cancer, multiple myeloma, and brain cancer, among several others. (3) The heightened incidence of cancer among firefighters has been attributed to their frequent exposure to a range of harmful substances including resultant pyrolysis products, toxic particulates, gases and fumes, metals such as cadmium and lead, chemical substances such as benzene and vinyl chloride, and minerals such as asbestos and silicates. (4) An extensive 2014 study conducted by the National Institute of Occupational Safety and Health (NIOSH) over the course of several years and which included almost 30,000 firefighters found that firefighters were at an increased risk of being diagnosed with malignant mesothelioma and found potential links between exposure to fire incidents and heightened risks for lung cancer and leukemia, among several others. (5) Past studies examining cancer incidence among firefighters have been limited by the availability and standardization of important epidemiological data, relatively small sample sizes, inconsistencies in the operationalization of key terms and metrics, incomplete employment histories, and an underrepresentation of minority, female, and volunteer firefighters. (6) Today, many States across the country maintain cancer registries that collect and collate information regarding cancer diagnoses, demographic information, and treatment plans. State cancer registries have greatly contributed to overcoming these obstacles by offering centralized repositories of information, which researchers in the public and private sectors can access when conducting research on cancer risks. (7) While these State-based cancer registries undoubtedly contribute to furthering research related to assessing cancer incidence among firefighters, a special purpose national cancer registry would provide researchers and public health agencies with more direct and comprehensive access to the specific set of information they need to conduct more robust, focused, and epidemiologically rigorous research on cancer incidence among firefighters. (8) Efforts to understand cancer incidence among firefighters through a specialized national cancer registry will better inform the kinds of precautions firefighters should take in the future, improve our understanding of key epidemiological trends, and potentially lead to the development of more sophisticated safety protocols to lower cancer risks. SEC. 3. PATIENT REGISTRY FOR FIREFIGHTER CANCER INCIDENCE. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and maintain a voluntary patient registry to collect data on cancer incidence among firefighters. (b) Use of Registry.--The patient registry shall be used for the following purposes: (1) To establish and improve collection infrastructure and activities related to the nationwide monitoring of the incidence of cancer among firefighters. (2) To collect, consolidate, store, and make publicly available epidemiological information related to cancer incidence and trends among firefighters. (c) Relevant Data.--In carrying out the voluntary data collection for purposes of inclusion under the patient registry under subsection (a), the Secretary should seek to include the following de-identified information: (1) With respect to cancer diagnoses and treatment of firefighters, de-identified information on-- (A) full detailing of physical examinations and medical history; (B) complete detailing of all relevant diagnostic tests and lab procedures; (C) complete detailing of all pathology and operative reports; and (D) complete detailing of treatments undergone or planned. (2) With respect to individual patient history relating to the incidence of cancer among firefighters, de-identified information on-- (A) basic demographic information, including the age of the firefighter involved and age of onset of cancer; (B) a listing of status of the firefighter as either volunteer, paid-on-call, or career firefighter; (C) the number of years on the job and a detailing of additional employment experience that was either performed concurrently alongside firefighting service or anytime thereafter; (D)(i) a measure of the number of fire incidents attended as well as the type of fire incidents (such as residential house fire or commercial fire); or (ii) in the case of a firefighter who is unable to provide information on such number and type, an estimate of such number and type based on the method developed under subsection (d)(2); and (E) a list of additional risk factors, including smoking or drug use, as determined relevant by the Secretary. (3) Any additional information that is deemed necessary by the Secretary. (d) Methods.-- (1) In general.--For the purposes described in subsection (b), the Secretary is authorized to incorporate questions into public health surveys, questionnaires, and other databases in existence as of the date of enactment of this Act. (2) Ensuring representation of underrepresented groups in registry.--In carrying out this section, the Secretary shall take such measures as the Secretary deems appropriate to encourage the inclusion of data on minority, female, and volunteer firefighters in the registry established under this section. (3) Method to estimate number and type of fire incidents.-- For purposes of subsection (c)(2)(D), the Secretary, in consultation with the experts described in subsection (e), shall develop a reliable and standardized method for estimating the number of fire incidents attended by a firefighter as well as the type of fire incident so attended in the case such firefighter is unable to provide such information. (e) Consultation.--The Secretary shall, on a regular basis, seek feedback regarding the utility of the registry established under this section and ways the registry can be improved from non-Federal experts in the following areas: (1) Public health experts with experience in developing and maintaining cancer registries. (2) Epidemiologists with experience in studying cancer incidence. (3) Clinicians with experience in diagnosing and treating cancer incidence. (4) Active and retired volunteer, paid-on-call, and career firefighters as well as relevant national fire and emergency response organizations. (f) Research Availability.--The Secretary shall develop and make public an approval process for making de-identified cancer registry data submitted for inclusion in the patient registry developed under subsection (a) available without a fee for public research purposes. Such process shall provide that such data shall be made available for such research purposes only if there is an agreement to make findings, journal articles, or other print or web-based publications derived from such research public or available to the relevant stakeholders identified in subsection (e)(4). (g) Privacy.--In carrying out this Act, the Secretary shall apply to the registry developed under subsection (a) data security provisions and privacy standards that comply with the best practices of the Centers for Disease Control and Prevention, as defined by the National Institute of Standards and Technology in Special Publication 800-37 revision 1, as well as the HIPAA privacy regulation, as defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d- 9(b)(3)). (h) Authorization of Funds.--To carry out this section, there are authorized to be appropriated $2,500,000 for each of the fiscal years 2017 through 2021.", "summary": "Firefighter Cancer Registry Act of 2016 This bill requires the Centers for Disease Control and Prevention (CDC) to develop and maintain a voluntary patient registry to monitor, collect, and make available epidemiological information related to cancer incidence and trends among firefighters. The CDC should seek to include specified information in the registry, including the number and type of fire incidents attended by an individual. To collect information for the registry, the CDC may incorporate questions into existing public health surveys, questionnaires, and other databases. The CDC must: (1) encourage the inclusion in the registry of data on minority, female, and volunteer firefighters; and (2) seek feedback on the registry from nonfederal experts. The CDC must develop an approval process for making registry data available for research without a fee if findings or publications derived from the research are made public or available to stakeholders."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Trucks and Buses Act of 2015''. SEC. 2. COMPLIANCE, SAFETY, ACCOUNTABILITY INITIATIVE. (a) Data Availability and Use.-- (1) Availability.-- (A) In general.--The Secretary of Transportation shall ensure that covered motor carrier data is not made available to the public. (B) Rule of construction.--Subparagraph (A) may not be construed to prevent covered motor carrier data from being made available to law enforcement personnel. (C) Termination.--Subparagraph (A) shall cease to have effect on the date on which the Secretary submits to Congress the report required under subsection (e). (2) Use.--Covered motor carrier data may not be admitted into evidence or otherwise used in a civil action for damages resulting from an incident involving a motor carrier. (b) Study.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the National Academy of Public Administration to have the Academy conduct a study on how to improve the Compliance, Safety, Accountability initiative of the Federal Motor Carrier Safety Administration, including how to ensure that the initiative-- (A) utilizes only safety data determined to be predictive of motor carrier crashes; (B) appropriately addresses concerns relating to the age of utilized safety data, including violations; (C) does not unfairly harm small motor carriers as a result of limited safety data availability; (D) appropriately addresses differences between motor carriers transporting passengers and motor carriers transporting freight; (E) allows individual motor carriers to be effectively compared; and (F) utilizes accurate safety data, including-- (i) by appropriately addressing variations between State- and self-reported data; (ii) by accounting for geographic differences with respect to enforcement; and (iii) by not utilizing crash data from crashes with respect to which a motor carrier was free from fault. (2) Free from fault.--For purposes of paragraph (1)(F)(iii), a motor carrier is free from fault with respect to a crash if-- (A) the vehicle of the carrier was struck by another vehicle that-- (i) crossed the center line or median of a roadway; (ii) was driving the wrong way on a roadway; (iii) struck the rear of the carrier's vehicle while the vehicle was being lawfully operated; (iv) struck the carrier's vehicle while the vehicle was legally stopped at a traffic control device or off the traveled portion of a roadway; or (v) was operated by an individual-- (I) found to be driving under the influence of alcohol; (II) found by a law enforcement officer or agency to be responsible for the crash; or (III) who was the sole party cited by law enforcement for an action that contributed to the crash; (B) the crash was the result of an individual, other than the driver of the carrier's vehicle, committing suicide; (C) the vehicle of the carrier was struck by an animal; or (D) the carrier is otherwise determined not responsible for the crash. (c) Report.--Not later than 1 year after the date on which the Secretary enters into an agreement under subsection (b), the National Academy of Public Administration shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under subsection (b), including recommendations for improvement based on those results. (d) Implementation of Recommendations.--Not later than 90 days after the date on which the National Academy of Public Administration submits the report required under subsection (c), the Secretary shall begin implementing the recommendations included in that report. (e) Certification of Implementation.--Not later than 1 year after the date on which the Secretary begins implementing recommendations under subsection (d), the Secretary shall complete the implementation of such recommendations and shall submit to Congress a report that-- (1) describes the implementation of such recommendations; (2) contains a document in which the Secretary certifies that such implementation is complete; and (3) contains a document in which the Inspector General of the Department of Transportation certifies that such implementation is complete. (f) Definitions.--In this section, the following definitions apply: (1) Covered motor carrier data.--The term ``covered motor carrier data'' means the Compliance, Safety, Accountability Safety Measurement System scores and performance data of the Federal Motor Carrier Safety Administration. (2) Motor carrier.--The term ``motor carrier'' has the meaning given that term in section 13102 of title 49, United States Code.", "summary": "Safer Trucks and Buses Act of 2015 The Department of Transportation (DOT) shall enter into an agreement with the National Academy of Public Administration to study how to improve the Compliance, Safety, Accountability initiative of the Federal Motor Carrier Safety Administration. DOT must ensure that motor carrier safety data predictive of crashes which is generated under this initiative is not made available to the public (except law enforcement personnel) until the study findings and recommendations are reported to Congress. Such data may not be used used in a civil action for damages resulting from an incident involving a motor carrier."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the western basin of Lake Erie, as part of the Great Lakes ecosystem-- (A) is the largest freshwater ecosystem in the world; and (B) is vitally important to the economic and environmental future of the United States; (2) over the 30-year period preceding the date of enactment of this Act, the citizens and governmental institutions of the United States and Canada have devoted increasing attention and resources to the restoration of the water quality and fisheries of the Great Lakes, including the western basin; (3) that increased awareness has been accompanied by a gradual shift toward a holistic ecosystem approach that highlights a growing recognition that shoreline areas, commonly referred to as nearshore terrestrial ecosystems, are an integral part of the western basin and the Great Lakes ecosystem; (4) the Great Lakes account for more than 90 percent of the surface freshwater in the United States; (5) the western basin receives approximately 90 percent of its flow from the Detroit River and only approximately 10 percent from tributaries; (6) the western basin is an important ecosystem that includes a number of distinct islands, channels, rivers, and shoals that support dense populations of fish, wildlife, and aquatic plants; (7) coastal wetland of Lake Erie supports the largest diversity of plant and wildlife species in the Great Lakes; (8) because Lake Erie is located at a more southern latitude than other Great Lakes, the moderate climate of Lake Erie is appropriate for many species that are not found in or along the northern Great Lakes; (9) more than 300 species of plants, including 37 significant species, have been identified in the aquatic and wetland habitats of the western basin; (10) the shallow western basin of Lake Erie, extending from the Lower Detroit River to Sandusky Bay, is home to the greatest concentration of marshes in Lake Erie, including-- (A) Mouille, Metzger, and Magee marshes; (B) the Maumee Bay wetland complex; (C) the wetland complexes flanking Locust Point; and (D) the wetland in Sandusky Bay; (11) the larger islands of the United States in western Lake Erie have wetland in small embayments; (12) the wetland in the western basin comprises some of the most important waterfowl habitat in the Great Lakes; (13) waterfowl, wading birds, shore birds, gulls and terns, raptors, and perching birds use the wetland in the western basin for migration, nesting, and feeding; (14) hundreds of thousands of diving ducks stop to rest in the Lake Erie area during autumn migration from Canada to points east and south; (15) the wetland of the western basin provides a major stopover for ducks, such as migrating bufflehead, common goldeneye, common mergansers, and ruddy duck; (16) the international importance of Lake Erie is indicated in the United States by congressional designation of the Ottawa and Cedar Point National Wildlife Refuges; (17)(A) Lake Erie has an international reputation for walleye, perch, and bass fishing, recreational boating, birding, photography, and duck hunting; and (B) on an economic basis, tourism in the Lake Erie area accounts for an estimated $1,500,000,000 in retail sales and more than 50,000 jobs; (18)(A) many of the 417,000 boats that are registered in the State of Ohio are used in the western basin, in part to fish for the estimated 10,000,000 walleye that migrate from the lake to spawn; and (B) that internationally renowned walleye fishery drives much of the $2,000,000,000 sport fishing industry in the State of Ohio; (19) coastal wetland in the western basin has been subjected to intense pressure for 150 years; (20) prior to 1850, the western basin was part of an extensive coastal marsh and swamp system consisting of approximately 122,000 hectares that comprised a portion of the Great Black Swamp; (21) by 1951, only 12,407 wetland hectares remained in the western basin; (22) 50 percent of that acreage was destroyed between 1972 and 1987, leaving only approximately 5,000 hectares in existence today; (23) along the Michigan shoreline, coastal wetland was reduced by 62 percent between 1916 and the early 1970s; (24) the development of the city of Monroe, Michigan, has had a particularly significant impact on the coastal wetland at the mouth of the Raisin River; (25) only approximately 100 hectares remain physically unaltered today in an area in which, 70 years ago, marshes were 10 times more extensive; (26) in addition to the actual loss of coastal wetland acreage along the shores of Lake Erie, the quality of much remaining dike wetland has been degraded by numerous stressors, especially excessive loadings of sediments and nutrients, contaminants, shoreline modification, exotic species, and the diking of wetland; and (27) protective peninsula beach systems, such as the former Bay Point and Woodtick, at the border of Ohio and Michigan near the mouth of the Ottawa River and Maumee Bay, have been eroded over the years, exacerbating erosion along the shorelines and negatively affecting breeding and spawning grounds. SEC. 3. DEFINITIONS. In this Act: (1) International refuge.--The term ``International Refuge'' means the Detroit River International Wildlife Refuge established by section 5(a) of the Detroit River International Wildlife Refuge Establishment Act (16 U.S.C. 668dd note; 115 Stat. 894). (2) Refuge complex.--The term ``Refuge Complex'' means the Ottawa National Wildlife Refuge Complex and the lands and waters in the complex, as described in the document entitled ``The Comprehensive Conservation Plan for the Ottawa National Wildlife Refuge Complex'' and dated September 22, 2000, including-- (A) the Ottawa National Wildlife Refuge, established by the Secretary in accordance with the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.); (B) the West Sister Island National Wildlife Refuge established by Executive Order No. 7937, dated August 2, 1937; and (C) the Cedar Point National Wildlife Refuge established by the Secretary in accordance with the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Western basin.-- (A) In general.--The term ``western basin'' means the western basin of Lake Erie, consisting of the land and water in the watersheds of Lake Erie extending from the watershed of the Lower Detroit River in the State of Michigan to and including Sandusky Bay and the watershed of Sandusky Bay in the State of Ohio. (B) Inclusion.--The term ``western basin'' includes the Bass Island archipelago in the State of Ohio. SEC. 4. EXPANSION OF BOUNDARIES. (a) Refuge Complex Boundaries.-- (1) Expansion.--The boundaries of the Refuge Complex are expanded to include land and water in the State of Ohio from the eastern boundary of Maumee Bay State Park to the eastern boundary of the Darby Unit (including the Bass Island archipelago), as depicted on the map entitled ``Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act'' and dated September 6, 2002. (2) Availability of map.--The map referred to in paragraph (1) shall be available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Boundary Revisions.--The Secretary may make such revisions of the boundaries of the Refuge Complex as the Secretary determines to be appropriate to facilitate the acquisition of property within the Refuge Complex. (c) Acquisition.-- (1) In general.--Subject to paragraph (2), the Secretary may acquire by donation, purchase with donated or appropriated funds, or exchange the land and water, and interests in land and water (including conservation easements), within the boundaries of the Refuge Complex. (2) Manner of Acquisition.--Any and all acquisitions of land or waters under the provisions of this Act shall be made in a voluntary manner and shall not be the result of forced takings. (d) Transfers From Other Agencies.--Administrative jurisdiction over any Federal property that is located within the boundaries of the Refuge Complex and under the administrative jurisdiction of an agency of the United States other than the Department of the Interior may, with the concurrence of the head of the administering agency, be transferred without consideration to the Secretary for the purpose of this Act. (e) Study of Associated Area.-- (1) In general.--The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall conduct a study of fish and wildlife habitat and aquatic and terrestrial communities in and around the 2 dredge spoil disposal sites that are-- (A) referred to by the Toledo-Lucas County Port Authority as ``Port Authority Facility Number Three'' and ``Grassy Island'', respectively; and (B) located within Toledo Harbor near the mouth of the Maumee River. (2) Report.--Not later than 18 months after the date of enactment of the Act, the Secretary shall-- (A) complete the study under paragraph (1); and (B) submit to Congress a report on the results of the study. SEC. 5. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES. The southern boundary of the International Refuge is extended south to include additional land and water in the State of Michigan located east of Interstate Route 75, extending from the southern boundary of Sterling State Park to the Ohio State boundary, as depicted on the map referred to in section 4(a)(1). SEC. 6. ADMINISTRATION. (a) Refuge Complex.-- (1) In general.--The Secretary shall administer all federally owned land, water, and interests in land and water that are located within the boundaries of the Refuge Complex in accordance with-- (A) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); and (B) this Act. (2) Additional authority.--The Secretary may use such additional statutory authority available to the Secretary for the conservation of fish and wildlife, and the provision of opportunities for fish- and wildlife-dependent recreation, as the Secretary determines to be appropriate to carry out this Act. (b) Additional Purposes.--In addition to the purposes of the Refuge Complex under other laws, regulations, Executive orders, and comprehensive conservation plans, the Refuge Complex shall be managed-- (1) to strengthen and complement existing resource management, conservation, and education programs and activities at the Refuge Complex in a manner consistent with the primary purposes of the Refuge Complex-- (A) to provide major resting, feeding, and wintering habitats for migratory birds and other wildlife; and (B) to enhance national resource conservation and management in the western basin; (2) in partnership with nongovernmental and private organizations and private individuals dedicated to habitat enhancement, to conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the western basin (including associated fish, wildlife, and plant species); (3) to facilitate partnerships among the United States Fish and Wildlife Service, Canadian national and provincial authorities, State and local governments, local communities in the United States and Canada, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the western basin; and (4) to advance the collective goals and priorities that-- (A) were established in the report entitled ``Great Lakes Strategy 2002--A Plan for the New Millennium'', developed by the United States Policy Committee, comprised of Federal agencies (including the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the United States Geological Survey, the Forest Service, and the Great Lakes Fishery Commission) and State governments and tribal governments in the Great Lakes basin; and (B) include the goals of cooperating to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem. (c) Priority Uses.--In providing opportunities for compatible fish- and wildlife-dependent recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge Complex. (d) Cooperative Agreements Regarding Non-Federal Land.--To promote public awareness of the resources of the western basin and encourage public participation in the conservation of those resources, the Secretary may enter into cooperative agreements with the State of Ohio or Michigan, any political subdivision of the State, or any person for the management, in a manner consistent with this Act, of land that-- (1) is owned by the State, political subdivision, or person; and (2) is located within the boundaries of the Refuge Complex. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary-- (1) to acquire land and water within the Refuge Complex under section 4(c); (2) to carry out the study under section 4(e); and (3) to develop, operate, and maintain the Refuge Complex. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed in the House on April 1, 2003. The summary of that version is repeated here.)Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act - (Sec. 4) Expands the Ottawa National Wildlife Refuge Complex to include specified land and water in the State of Ohio. Permits the Secretary of the Interior to acquire by donation, purchase, or exchange the land and water and interests in land and water within the boundaries of the Complex.Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, to study and report to Congress on fish and wildlife habitat and aquatic and terrestrial communities in and around two specified dredge spoil disposal sites in Toledo Harbor.(Sec. 5) Expands the southern boundary of the Detroit River International Wildlife Refuge (the Refuge) to include additional land and water located in the State of Michigan east of Interstate Route 75.(Sec. 6) Prescribes requirements for administration of the Complex. Directs the Secretary to administer all Federally owned land, water, and interests in land and water that are located within the boundaries of the Complex in accordance with this Act and the National Wildlife Refuge System Administration Act of 1966.States that the Complex shall be managed to strengthen and complement existing resource management, conservation, and education programs and activities in order to facilitate: (1) the provision of major resting, feeding, and wintering habits for migratory birds and other wildlife; and (2) the enhancement of national resource conservation and management in the western basin. States other purposes for which the Complex shall be managed, including to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem.Directs the Secretary to ensure that hunting, trapping, fishing, wildlife observation and photography, and environmental education and interpretation shall be the priority public uses of the Complex.(Sec. 7) Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Commerce Extension Establishment Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States economy is in the early stages of a revolution in electronic commerce--the ability to buy, sell, and even deliver goods and services through computer networks. Estimates are that electronic commerce sales in 1998 were around $100,000,000,000 and could rise to $1,300,000,000,000 by 2003. (2) Electronic commerce promises to spur tremendously United States productivity and economic growth--repeating a historical pattern where the greatest impetus toward economic growth lies not in the sale of new technologies but in their widespread adoption and use. (3) Electronic commerce presents an enormous opportunity and challenge for small businesses. Such commerce will give such businesses new markets and new ways of doing businesses. However, many such business will have difficulty in adopting appropriate electronic commerce technologies and practices. Moreover, such businesses in more rural areas will find distant businesses entering their markets and competing with them. Thus, there is considerable risk many small businesses will be left behind in the shift to electronic commerce. (4) The United States has an interest in ensuring that small businesses in all parts of the United States participate fully in the electronic commerce revolution, both for the sake of such businesses and in order to promote productivity and economic growth throughout the entire United States economy. (5) The Federal Government has a long history of successfully helping small farmers with new agricultural technologies through the Cooperative Extension System at the Department of Agriculture, founded in 1914. More recently, the National Institute of Standards and Technology has successfully helped small manufacturers with manufacturing technologies through its Manufacturing Extension Program, established in 1988. (6) Similarly, now is the time to establish an electronic commerce extension program to help small businesses throughout the United States identify, adapt, and adopt electronic commerce technologies and business practices, thereby ensuring that such businesses fully participate in the electronic commerce revolution. SEC. 3. PURPOSE. The purpose of this Act is to establish an electronic commerce extension program focused on small businesses at the National Institute of Standards and Technology. SEC. 4. ESTABLISHMENT OF ELECTRONIC COMMERCE EXTENSION PROGRAM AT NATIONAL INSTITUTES OF STANDARDS AND TECHNOLOGY. (a) Establishment.--The National Bureau of Standards Act (15 U.S.C. 271 et seq.) is amended by inserting after section 25 (15 U.S.C. 278k) the following new section: ``regional centers for the transfer of electronic commerce technology ``Sec. 25A. (a)(1) The Secretary, through the Undersecretary of Commerce for Technology and the Director and in consultation with other appropriate officials, shall provide assistance for the creation and support of Regional Centers for the Transfer of Electronic Commerce Technology (in this section referred to as `Centers'). ``(2) The Centers shall be affiliated with any United States-based nonprofit institution or organization, or group thereof, that applies for and is awarded financial assistance under this section in accordance with the program established by the Secretary under subsection (c). ``(3) The objective of the Centers is to enhance productivity and technological performance in United States electronic commerce through-- ``(A) the transfer of electronic commerce technology and techniques developed at the Institute to Centers and, through them, to companies throughout the United States; ``(B) the participation of individuals from industry, institutions of higher education, State governments, other Federal agencies, and, when appropriate, the Institute in cooperative technology transfer activities; ``(C) efforts to make electronic commerce technology and techniques usable by a wide range of United States-based small companies; ``(D) the active dissemination of scientific, engineering, technical, and management information about electronic commerce to small companies, with a particular focus on reaching those located in rural or isolated areas; and ``(E) the utilization, when appropriate, of the expertise and capability that exists in State and local governments, institutions of higher education, the private sector, and Federal laboratories other than the Institute. ``(b) The activities of the Centers shall include-- ``(1) the establishment of electronic commerce demonstration systems, based on research by the Institute and other organizations and entities, for the purpose of technology transfer; and ``(2) the active transfer and dissemination of research findings and Center expertise to a wide range of companies and enterprises, particularly small companies. ``(c)(1) The Secretary may provide financial support to any Center created under subsection (a) in accordance with a program established by the Secretary for purposes of this section. ``(2) The Secretary may not provide to a Center more than 50 percent of the capital and annual operating and maintenance funds required to create and maintain the Center. ``(3)(A) Any nonprofit institution, or group thereof, or consortia of nonprofit institutions may, in accordance with the procedures established by the Secretary under the program under paragraph (1), submit to the Secretary an application for financial support for the creation and operation of a Center under this section. ``(B) In order to receive financial assistance under this section for a Center, an applicant shall provide adequate assurances that it will contribute 50 percent or more of the estimated capital and annual operating and maintenance costs of the Center for the first three years of its operation and an increasing share of such costs over the next three years of its operation. ``(C) An applicant shall also submit a proposal for the allocation of the legal rights associated with any invention which may result from the activities of the Center proposed by the applicant. ``(4)(A) The Secretary shall subject each application submitted under this subsection to merit review. ``(B) In making a decision whether to approve an application and provide financial support for a Center under this section, the Secretary shall consider at a minimum-- ``(i) the merits of the application, particularly the portions of the application regarding technology transfer, training and education, and adaptation of electronic commerce technologies to the needs of particular industrial sectors; ``(ii) the quality of service to be provided; ``(iii) geographical diversity and extent of service area; and ``(iv) the percentage of funding and amount of in-kind commitment from other sources. ``(5)(A) Each Center receiving financial assistance under this section shall be evaluated during the third year of its operation by an evaluation panel appointed by the Secretary. ``(B) Each evaluation panel under this paragraph shall be composed of private experts, none of whom shall be connected with the Center involved, and with appropriate Federal officials. An official of the Institute shall chair each evaluation panel. ``(C) Each evaluation panel under this paragraph shall measure the performance of the Center involved against the objectives specified in this section and under the arrangement between the Center and the Institute. ``(6) The Secretary may not provide funding for a Center under this section for the fourth through the sixth years of its operation unless the evaluation regarding the Center under paragraph (5) is positive. If such evaluation for a Center is positive, the Secretary may provide continued funding for the Center through the sixth year of its operation at declining levels. ``(7)(A) After the sixth year of operation of a Center, the Center may receive additional financial support under this section if the Center has received a positive evaluation of its operation through an independent review conducted under procedures established by the Institute. Such independent review shall be undertaken for a Center not less often than every two years commencing after the sixth year of its operation. ``(B) The amount of funding received by a Center under this section for any fiscal year of the Center after the sixth year of its operation may not exceed an amount equal to one-third of the capital and annual operating and maintenance costs of the Center in such fiscal year under the program. ``(8) The provisions of chapter 18 of title 35, United States Code, shall (to the extent not inconsistent with this section) apply to the promotion of technology from research by Centers under this section except for contracts for such specific technology extension or transfer services as may be specified by statute or by the Director. ``(d)(1) In addition to such sums as may be appropriated to the Secretary and Director for purposes of the support of Centers under this section, the Secretary and Director may accept funds from other Federal departments and agencies for such purposes. ``(2) The selection and operation of a Center under this section shall be governed by the provisions of this section, regardless of the Federal department or agency providing funds for the operation of the Center. ``(e) In this section, the term `electronic commerce' means the buying, selling, and delivery of goods and services, or the coordination or conduct of economic activities within and among organizations, through computer networks.''. (b) Description of Program.--(1) Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall publish in the Federal Register a proposal for the program required by section 25A(c) of the National Bureau of Standards Act, as added by subsection (a). (2) The proposal for the program under paragraph (1) shall include-- (A) a description of the program; (B) procedures to be followed by applicants for support under the program; (C) criteria for determining qualified applicants under the program; (D) criteria, including the criteria specified in paragraph (4) of such section 25A(c), for choosing recipients of financial assistance under the program from among qualified applicants; and (E) maximum support levels expected to be available to Centers for the Transfer of Electronic Commerce Technology under the program in each year of assistance under the program. (3) The Secretary shall provide a 30-day period of opportunity for public comment on the proposal published under paragraph (1). (4) Upon completion of the period referred to in paragraph (3), the Secretary shall publish in the Federal Register a final version of the program referred to in paragraph (1). The final version of the program shall take into account public comments received by the Secretary under paragraph (3). (c) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Commerce each fiscal year such amounts as may be required during such fiscal year for purposes of activities under section 25A of the National Bureau of Standards Act, as added by subsection (a).", "summary": "Electronic Commerce Extension Establishment Act of 1999 - Amends the National Bureau of Standards Act to direct the Secretary of Commerce to provide assistance for the creation and support of Regional Centers for the Transfer of Electronic Commerce Technology (Centers). Requires the Centers to be affiliated with any U.S.-based nonprofit institution or organization that applies for and is awarded financial assistance under this Act. Outlines objectives of the Centers, including aiding small businesses, especially those located in rural areas, in identifying and adopting electronic commerce technologies and business practices. Defines \"electronic commerce\" as the ability to buy, sell, and deliver goods and services through computer networks. Requires such Centers to: (1) establish electronic commerce demonstration systems for technology transfer; and (2) transfer and disseminate research findings and Center expertise to companies and enterprises, particularly small businesses. Authorizes the Secretary to provide financial support to a Center for such activities and objectives. Outlines application requirements for such assistance. Requires Centers receiving assistance to be evaluated during the third year of operation by a panel of private experts. Requires a positive finding from such panel before a Center may receive such assistance for its fourth through sixth years. Requires independent review of a Center every two years after the sixth year, to be conducted under procedures established by the National Institutes of Standards and Technology. Provides Center funding limitations. Requires the Secretary to publish a proposal for the assistance program provided under this Act, as well as a final program. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Outreach and Turnout Expansion Act of 2003''. TITLE I--EXPANSION OF ELECTION ADMINISTRATION REQUIREMENTS SEC. 101. SAME-DAY VOTER REGISTRATION. (a) In General.--Section 303 of the Help America Vote Act of 2002 (42 U.S.C. 15483) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Permitting Voter Registration on Date of Election.-- ``(1) In general.--At each polling place in a State at which ballots are cast in an election for Federal office, an individual may register to vote on the date of the election, and may cast a vote at the polling place in the election, if the individual-- ``(A) completes an application for voter registration in accordance with the requirements of this Act and other applicable law; and ``(B) executes a written affirmation before an election official at the polling place stating that the individual is eligible to register to vote in the jurisdiction in which the individual desires to vote and has not already voted in the election. ``(2) Transmittal of completed applications to state election official.--An appropriate official at a polling place shall transmit any voter registration application accepted under this subsection to the appropriate State election official at the time the official at the polling place transmits the ballots cast at the polling place to the official. ``(3) Notice to individuals filing voter registration applications after deadline.--If an individual's application for voter registration prior to the date of an election is received by the appropriate election official after the deadline for receipt of applications with respect to the election under State law, the official shall transmit a notice to the individual stating that the application was received after the deadline and that the individual may register to vote at the polling place on the date of the election in accordance with this subsection. ``(4) Requirements under national voter registration act of 1993.--In carrying out this subsection, a polling place in a State shall meet the requirements applicable to a voter registration agency designated by the State under section 7(a)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5(a)(2)), except that clauses (i), (ii), and (iii) of section 7(a)(6)(B) of such Act (42 U.S.C. 1973gg- 5(a)(6)(B)) shall not apply with respect to any of the voter registration forms distributed by the polling place pursuant to this subsection.''. (b) Inclusion in Voting Information Requirements.--Section 302(b)(2) of such Act (42 U.S.C. 14582(b)(2)) is amended-- (1) in subparagraph (E), by inserting ``and the right to register to vote at the polling place on the date of an election and vote in that election'' after ``provisional ballot''; (2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G); and (3) by inserting after subparagraph (D) the following new subparagraph: ``(E) instructions for individuals registering to vote at the polling place under section 303(d);''. (c) Effective Date.--Section 303(e) of such Act (42 U.S.C. 15483(e)), as redesignated by subsection (a), is amended by adding at the end the following new paragraph: ``(3) Requirement for voter registration on date of election.--Each State and jurisdiction shall be required to comply with the requirements of subsection (d) on and after January 1, 2004.''. SEC. 102. PERMITTING VOTERS TO CAST BALLOTS PRIOR TO ELECTION; PERMITTING VOTERS TO OBTAIN ABSENTEE BALLOTS FOR ANY REASON. (a) In General.--The Help America Vote Act of 2002 is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. 304. PROMOTING EARLY AND ABSENTEE VOTING. ``(a) Requiring Jurisdictions To Establish Early Voting Sites.-- ``(1) In general.--Each jurisdiction in a State which administers an election for Federal office shall designate early voting sites within the jurisdiction to serve as polling places for the election prior to the date of the election, and shall permit any individual who is registered to vote in the election and eligible to cast a ballot at any polling place within the jurisdiction to cast the ballot at the site. ``(2) Treatment of ballots cast at sites.--After a ballot is cast for an election at an early voting site under this subsection, the ballot shall be held and tabulated by the jurisdiction in the same manner as an absentee ballot cast for the election. ``(3) Period of operation.--The jurisdiction shall operate the early voting sites designated under this subsection for an election during such period as it considers appropriate, except that-- ``(A) the period may not begin later than the 22nd day before the date of the election or the date on which the ballots for the election are available to be cast (whichever occurs later); and ``(B) at least 2 of the days during the period shall be weekend days. ``(4) Conditions for designation and distribution of sites.--The number of early voting sites of a jurisdiction and the location of such sites within the jurisdiction shall be determined by the jurisdiction, subject to the following conditions: ``(A) To the greatest extent practicable, the jurisdiction shall designate sites which are also designated as voter registration agencies under section 7 the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5). ``(B) The aggregate number of voting systems used in all such sites in the jurisdiction may not be less than 25 percent of the total number of voting systems which will be used in all polling places in the jurisdiction on the date of the election. ``(C) At least one of the sites selected, and the voting system used at such site, shall be accessible for individuals with disabilities (including the blind and visually impaired). ``(D) The geographic distribution of the sites shall reflect the geographic distribution of the voting age population of the jurisdiction. ``(E) In establishing sites, the jurisdiction shall comply with the applicable requirements of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). ``(b) Permitting Voters To Obtain Absentee Ballots for Any Reason.--No State election official may require an individual who requests an absentee ballot for an election to provide a reason for the request, or to otherwise provide any proof of the individual's need for an absentee ballot, as a condition of obtaining the ballot.''. (b) Conforming Amendments.-- (1) Deadline for adoption of voluntary guidance by election assistance commission.--Section 311(b) of such Act (42 U.S.C. 15501(b)) is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) in the case of recommendations with respect to section 304, January 1, 2004.''. (2) Enforcement.--Section 401 of such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and inserting ``303, and 304''. (c) Clerical Amendment.--The table of sections for subtitle A of title III of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as items relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Promoting early and absentee voting.''. SEC. 103. CLARIFICATION OF REQUIREMENT TO PERMIT INDIVIDUALS TO COMPLETE INCOMPLETE MAIL-IN VOTER REGISTRATION APPLICATIONS. Section 303(b)(4)(B) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended to read as follows: ``(B) Incomplete forms.--If an applicant for voter registration with respect to an election fails to answer any of the questions included on the mail voter registration form pursuant to subparagraph (A), or otherwise fails to provide any information required to be provided on the form, the registrar shall-- ``(i) notify the applicant of the failure and of the opportunity for the applicant to register to vote at the polling place on the date of the election in accordance with subsection (d); and ``(ii) if the form was received by the registrar within the deadline under State law for the receipt of voter registration applications with respect to the election, provide the applicant with an opportunity to complete the form in a timely manner to allow for the completion of the registration form prior to the election.''. SEC. 104. ADDITIONAL FUNDING. Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C. 15407(a)) is amended-- (1) in paragraph (1), by striking ``$1,400,000,000'' and inserting ``$1,405,000,000''; (2) in paragraph (2), by striking ``$1,000,000,000'' and inserting ``$1,005,000,000''; and (3) in paragraph (3), by striking ``$600,000,000'' and inserting ``$605,000,000''. SEC. 105. EFFECTIVE DATE. The amendments made by this title shall take effect as if included in the enactment of the Help America Vote Act of 2002. TITLE II--REMOVING OTHER BARRIERS TO VOTING SEC. 201. TREATMENT OF ELECTION DAY IN SAME MANNER AS VETERANS DAY FOR PURPOSES OF FEDERAL EMPLOYMENT. (a) Sense of Congress.--It is the sense of Congress that-- (1) many Americans do not vote on Election Day because of conflicting work schedules; (2) Federal, State, and local governments should share the responsibility for increasing voter turnout on Election Day; (3) States should establish Election Day as a legal public holiday in each year and should provide full paid leave for State government employees on Election Day; and (4) the treatment of Election Day in the same manner as Veterans Day for purposes of laws relating to Federal employment will lead to increased voter turnout and will increase the availability of poll workers and suitable polling places. (b) Treatment of Election Day in Same Manner as Veterans Day for Purposes of Federal Employment.--For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2004 and each even-numbered year thereafter shall be treated in the same manner as November 11. SEC. 202. VOTING LEAVE. (a) In General.--Each employee of an employer may take up to 2 hours of leave (or up to 3 hours of leave, in the case of an employee whose workplace is further than 25 miles from the polling place at which the employee is eligible to cast a ballot under State law) in order to vote on any workday on which an election for Federal office is held. (b) Unpaid or Paid Leave Permitted.--Notwithstanding any other provision of law, leave granted under this subsection may be unpaid leave or paid leave. (c) Duties of Employee.--An employee taking leave under this subsection shall make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer, shall provide such notice prior to taking leave as is practicable, and shall make a reasonable effort to vote. (d) No Loss of Benefits.--The taking of leave under this subsection shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. (e) Prohibited Acts.-- (1) Exercise of rights.--It shall be unlawful for any employer to interfere with, restrain, or deny the taking of or the attempt to take any leave provided under this subsection. (2) Discrimination.--It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for-- (A) opposing any practice made unlawful by this subsection; (B) filing any charge, or instituting or causing to be instituted any proceeding, under or related to this subsection; (C) giving or preparing to give any information in connection with any inquiry or proceeding relating to any leave provided under this subsection; or (D) testifying or preparing to testify in any inquiry or proceeding relating to any leave provided under this subsection. (f) Investigative Authority.--The Secretary of Labor shall have investigative authority with respect to the provisions of this subsection in the same manner and under the same terms and conditions as the investigative authority provided under section 106 of the Family and Medical Leave Act of 1993, and the requirements of section 106 of such Act shall apply to employers under this subsection in the same manner as such requirements apply to employers under section 106 of such Act. (g) Enforcement.--The provisions of section 107 of the Family and Medical Leave Act of 1993 shall apply with respect to the enforcement of the requirements of this subsection in the same manner and under the same terms and conditions as such provisions apply with respect to the enforcement of the requirements of title I of such Act. (h) Employer Defined.--In this section, the term ``employer'' means any person engaged in commerce or in any industry or activity affecting commerce who employs 25 or more employees during a calendar year, and includes any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer and any successor in interest of an employer. In the previous sentence, the terms ``commerce'' and ``industry or activity affecting commerce'' have the meaning given such terms in section 101(1) of the Family and Medical Leave Act of 1993. (i) Nondiscrimination.--The implementation and enforcement of this section shall be in compliance with the Voting Rights Act of 1965. (j) Effective Date.--This section shall apply with respect to elections occurring after January 2004. SEC. 203. SENSE OF CONGRESS REGARDING DISTRIBUTION OF SAMPLE BALLOTS AND VOTING MATERIALS. It is the sense of Congress that the distribution of sample ballots, information on voting, and other voter education materials will help to prevent errors by voters at the polls and to reduce the rates of spoiled ballots, and Congress encourages States and other jurisdictions which administer elections to distribute these materials to registered voters prior to elections.", "summary": "Voter Outreach and Turnout Expansion Act of 2003 - Amends the Help America Vote Act of 2002 to: (1) permit an individual to register to vote on the date of the election at each polling place in a State at which ballots are cast in an election for Federal office; and (2) require each jurisdiction in a State which administers an election for Federal office to designate early voting sites to serve as polling places for the election prior to the election date, and to permit any registered voter to cast a ballot at the site.Expresses the sense of Congress that: (1) many Americans do not vote on Election Day because of conflicting work schedules; (2) Federal, State, and local governments should share the responsibility for increasing voter turnout; (3) States should establish Election Day as a legal public holiday and provide full paid leave for State government employees; and (4) the treatment of Election Day in the same manner as Veterans Day for purposes of law relating to Federal employment will lead to increased voter turnout and will increase the availability of poll workers and suitable polling places.Sets out requirements for employee voting leave.Expresses the sense of Congress encouraging State and other jurisdictions to distribute sample ballots, information on voting, and other voter education materials as an aid to preventing errors by voters at the polls and reducing the rates of spoiled ballots."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Chemical and Biological Warfare Agent Exposure Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Commission on Chemical and Biological Warfare Agent Exposure'' (in this Act referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 9 members (in this Act referred to as the ``members'') who shall be appointed as follows: (1) 3 members shall be appointed by the President. (2) 2 members shall be appointed by the Speaker of the House of Representatives. (3) 1 member shall be appointed by the minority leader of the House of Representatives. (4) 2 members shall be appointed by the President pro tempore of the Senate. (5) 1 member shall be appointed by the minority leader of the Senate. (c) Qualifications.-- (1) In general.--Members shall be appointed from among individuals with knowledge and expertise relevant to the duties of the Commission, and may not be officers or employees of the United States. (2) Exception.--A member who, when appointed to the Commission, was not an officer or employee of the United States, and who later becomes such an officer or employee may continue as a member for not longer than the 30-day period beginning on the date that the member becomes such an officer or employee. (d) Initial Appointments.--All initial appointments to the Commission shall be made not later than 90 days after the date of the enactment of this Act. (e) Chairman.--The Chairman of the Commission (in this Act referred to as the ``Chairman'') shall be elected by the members. (f) Period of Appointment.--Each member shall be appointed for the life of the Commission. (g) Security Clearances.--All members of the Commission shall apply for appropriate security clearances. The Secretary of Defense shall provide expedited processing of security clearances of members. (h) Initial Meeting.--The Commission shall convene its first meeting not later than 30 days after the date as of which all initial appointments to the Commission have been made. SEC. 3. INVESTIGATION. The Commission shall investigate the following: (1) The presence of chemical and biological warfare agents in the Persian Gulf theater during the Persian Gulf conflict, the amounts and locations of the agents present, and the proximity of members of the Armed Forces to such locations. (2) The location and nature of all releases, detections, or reports of chemical or biological warfare agents in connection with the Persian Gulf conflict, the identity of the units of the Armed Forces and the number of individuals potentially exposed to the agents, and the degree of exposure to the agents. (3) The level of preparedness of members of the Armed Forces to recognize and respond to possible exposure to chemical and biological warfare agents during the Persian Gulf conflict, the appropriateness of standards used by the Armed Forces to evaluate low levels of exposure to the agents, the adequacy of medical training and procedures of the Armed Forces for identifying and treating exposure to the agents, the adequacy of information provided to members of the Armed Forces on the possible presence or release of the agents, and the appropriateness of instructions and procedures followed to protect members of the Armed Forces from exposure to the agents. (4) The handling by the Department of Defense of reports on the use, presence, destruction, storage, and transportation of chemical and biological weapons in connection with the Persian Gulf conflict. (5) The adequacy of the recordkeeping and reporting procedures of the Department of Defense with respect to exposure to chemical and biological warfare agents. (6) The adequacy of Department of Defense training, preparation, detection, and safety procedures concerning chemical and biological warfare agents. SEC. 4. REPORT. Not later than 2 years after the first meeting of the Commission, the Commission shall submit to the President and the Congress a report containing-- (1) the results and findings of the investigation conducted under section 3; and (2) recommendations for such changes as the Commission considers appropriate, in the recordkeeping, reporting, preparation, and training procedures of the Department of Defense with respect to exposure to chemical and biological warfare agents, to improve the safety and readiness of members of the Armed Forces. SEC. 5. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission may administer oaths to witnesses appearing before it. (b) Obtaining Information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman, the head of that department or agency shall furnish that information to the Commission in a full and timely manner. (c) Subpoena Power.-- (1) In general.--The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter under investigation by the Commission. (2) Failure to obey an order or subpoena.--If a person refuses to obey an order or subpoena of the Commission that is issued in connection with a Commission proceeding, the Commission may apply to the United States district court in the judicial district in which the proceeding is held for an order requiring the person to comply with the subpoena or order. (d) Immunity.--The Commission is an agency of the United States for purposes of part V of title 18, United States Code (relating to immunity of witnesses). (e) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 6. COMMISSION PROCEDURES. (a) Meetings.--The Commission shall meet at the call of the Chairman. (b) Quorum.--5 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (c) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. SEC. 7. PERSONNEL MATTERS. (a) Pay of Members.--Members shall not be paid by reason of their service as members. (b) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Director.--The Commission shall have a Director who shall be appointed by the Chairman. (d) Staff.--With the approval of the Commission and as the Director considers appropriate, the Director may-- (1) appoint trained investigators and other Commission personnel; and (2) fix the pay of such trained investigators and other Commission personnel. (e) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. SEC. 8. OTHER ADMINISTRATIVE PROVISIONS. (a) Postal and Printing Services.--The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the United States. (b) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this Act. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. SEC. 9. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974) authorized by this Act shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. SEC. 10. TERMINATION OF COMMISSION. The Commission shall terminate 60 days after submitting its report pursuant to section 4.", "summary": "Commission on Chemical and Biological Warfare Agent Exposure Act - Establishes the Commission on Chemical and Biological Warfare Agent Exposure to investigate the presence of, and U.S. military personnel exposure to, chemical and biological warfare agents in the Persian Gulf theater during the Persian Gulf War. Requires a Commission report to the President and the Congress on investigation results and appropriate recommendations for changes in the recordkeeping, reporting, preparation, and training procedures of the Department of Defense with respect to such exposure in order to improve the safety and readiness of U.S. military personnel. Terminates the Commission 60 days after such report."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Drug Sales Accountability Act''. SEC. 2. SALES OF CONTROLLED SUBSTANCES THROUGH THIRD-PARTY INTERNET SALES SITES. The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by inserting after section 423 the following section: ``SEC. 424. PROHIBITIONS REGARDING SALES OF CONTROLLED SUBSTANCES THROUGH THIRD-PARTY INTERNET SALES SITES. ``(a) In General.--Subject to subsection (d), it is unlawful for a person who controls a third-party Internet sales site-- ``(1) to accept for posting on the site an offer to sell an item that the person knows is a controlled substance; or ``(2) to fail to promptly remove from the site an offer to sell an item when a Federal or State official notifies the person, in accordance with subsection (e), that the item is a controlled substance. ``(b) Third-Party Internet Sales Site.--For purposes of this section, the term `third-party Internet sales site' means an Internet site, operated as part of a business, that permits users of the site to post an offer to sell an item directly to a consumer. ``(c) Advertising.--For purposes of this section, the term `offer', with respect to the sale of an item, includes an advertisement for the sale of the item. ``(d) Exclusion Regarding Licensed Pharmacies.--Subsection (a) does not have any applicability with respect to the sale of controlled substances by a licensed pharmacy, including a licensed Internet pharmacy. ``(e) Notice Regarding Controlled Substance.--A person who controls a third-party Internet sales site shall create a system for receipt of notice under subsection (a)(2) in accordance with this subsection if the notice is in writing and the notice-- ``(1) specifies this section as the relevant statutory authority; ``(2) specifies the name, title, physical address, and contact information of the Federal or State official or officials who sent the notice; ``(3) specifies the third-party Internet site involved; ``(4) specifies the offer with which the notice is concerned, including the controlled substance involved; ``(5) specifies the location of the offer on the site through the uniform resource locator (commonly referred to as the URL) or through the Internet Protocol numbers that constitute the address of the location; and ``(6) is provided to the designated agent of the third- party Internet sales site designated in accordance with section 512 of title 17, United States Code, if the site has designated such an agent. ``(f) Penalties.-- ``(1) Criminal penalties.-- ``(A) First conviction.--A person who violates subsection (a) shall be fined under title 18, United States Code, or imprisoned not more than one year, or both, subject to subparagraph (B). ``(B) Subsequent convictions.--If a person commits a violation of subsection (a) after a single prior conviction of the person under this paragraph, the person shall for such violation be fined under title 18, United States Code, or imprisoned not more than five years, or both. If a person commits a violation of such subsection after two or more prior convictions of the person under this paragraph, the person shall for such violation be fined under such title or imprisoned not more than 10 years, or both. ``(2) Civil penalty.--A person who violates a requirement under subsection (e) is subject to a civil penalty not exceeding $1,000,000 for each such violation. ``(g) Protection for Identifying and Removing Illegal Offers.-- ``(1) Monitoring and removal of offers.--A third-party Internet sales site should monitor and remove in good faith any posting of an offer to sell an item that the third-party Internet sales site believes to violate Federal or State law, or that is the subject of a notice described in subsection (e). ``(2) Protection against liability.--A third-party Internet sales site that in good faith monitors and removes any posting in accordance with paragraph (1) shall not be liable under any Federal or State law. ``(h) Additional Definitions.--For purposes of this section: ``(1) The term `control', with respect to an Internet site, means to have the legal right to exercise control over all or substantially all of the content of the site, without regard to the extent to which such authority actually is exercised. ``(2) The term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. ``(3) The terms `Internet site', with respect to the Internet, mean a specific location on the Internet that is determined by Internet Protocol numbers or by any successor protocol for determining a specific location on the Internet. ``(4) The term `licensed Internet pharmacy' mean an Internet site that is controlled by a licensed pharmacy and is used by such pharmacy to make sales of controlled substances or other drugs. ``(5) The term `licensed pharmacy' means a person who is licensed as a pharmacy under applicable Federal or State law. ``(6) The term `remove', with respect to an offer posted on a third-party Internet sales site, includes disabling public access to the offer.''.", "summary": "Internet Drug Sales Accountability Act - Amends the Controlled Substances Act to prohibit a person who controls a third-party Internet sales site from: (1) accepting for posting on the site an offer to sell an item that the person knows is a controlled substance; or (2) failing to promptly remove from the site an offer to sell an item which a federal or state official notifies the person is a controlled substance. Requires such person to create a system for receipt of such notice in writing and specifying information including the offer and substance involved and the name, title, address, and contact information of the officials who sent the notice. (Makes this provision inapplicable with respect to the sale of controlled substances by a licensed pharmacy.) Sets criminal and civil penalties for violations. Requires a third-party Internet sales site to monitor and remove in good faith any posting of an offer to sell an item that the site believes to violate federal or state law or that is the subject of notice under this Act. Shields from liability any such site that in good faith monitors and removes a posting pursuant to this provision."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Colorectal Cancer Detection Act of 2018''. SEC. 2. MEDICARE COVERAGE FOR FDA-APPROVED QUALIFYING COLORECTAL CANCER SCREENING BLOOD-BASED TESTS. (a) In General.--Section 1861(pp) of the Social Security Act (42 U.S.C. 1395x(pp)) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraph (D) as subparagraph (E); and (B) by inserting after subparagraph (C) the following new subparagraph: ``(D) Qualifying colorectal cancer screening blood-based test.''; and (2) by adding at the end the following new paragraph: ``(3) The term `qualifying colorectal cancer screening blood-based test' means, with respect to a year, a screening blood-based test for the early detection of colorectal cancer furnished in the year that was marketed or used, as applicable, in accordance with the relevant provisions of section 353 of the Public Health Service Act or the Federal Food, Drug, and Cosmetic Act more than 6 months before the beginning of the year.''. (b) Frequency Limits for Colorectal Cancer Screening Tests and Payment Amount for Qualifying Colorectal Cancer Screening Blood-Based Tests.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended-- (1) by amending clause (ii) of paragraph (1)(B) to read as follows: ``(ii) if the test is performed within-- ``(I) the 11 months after a previous screening fecal-occult blood test or a previous qualifying colorectal cancer screening blood-based test; ``(II) the 35 months after a previous screening flexible sigmoidoscopy or a previous screening colonoscopy with adenoma findings; ``(III) the 59 months after a previous screening colonoscopy with small polyp findings; or ``(IV) the 119 months after a previous screening colonoscopy without adenoma findings or small polyp findings.''; (2) in paragraph (2)(E)(ii), by inserting ``or within the 35 months after a previous screening fecal-occult blood test or previous qualifying colorectal cancer screening blood-based test'' after ``sigmoidoscopy''; (3) by amending subparagraph (E) of paragraph (3) to read as follows: ``(E) Frequency limit.--No payment may be made under this part for a colorectal cancer screening test consisting of a screening colonoscopy-- ``(i) if the procedure is performed within the 11 months after a previous screening fecal- occult blood test or previous qualifying colorectal cancer screening blood-based test; ``(ii) for individuals at high risk for colorectal cancer if the procedure is performed within the 23 months after a previous screening colonoscopy; or ``(iii) for individuals not at high risk for colorectal cancer if the procedure is performed within the 119 months after a previous screening colonoscopy or within the 47 months after a previous screening flexible sigmoidoscopy.''; and (4) by adding at the end the following new paragraph: ``(4) Qualifying colorectal cancer screening blood-based tests.-- ``(A) Payment amount.--The payment amount for colorectal cancer screening tests consisting of qualifying colorectal cancer screening blood-based tests shall be established by the Secretary based on a crosswalk to payment amounts for tests for the diagnosis of inherited colorectal cancer by methylation methods. ``(B) Frequency limit.--Paragraph (1)(B) shall apply to colorectal cancer screening tests consisting of qualifying colorectal cancer screening blood-based tests in the same manner as such paragraph applies to colorectal cancer screening tests consisting of fecal- occult blood tests.''. (c) Effective Date.--The amendments made by this section shall apply to colorectal cancer screening tests furnished in a year beginning more than 6 months after the date of the enactment of this Act.", "summary": "Colorectal Cancer Detection Act of 2018 This bill provides for Medicare coverage and payment, subject to specified frequency limits, of certain colorectal cancer screening blood-based tests."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Every year, 13,500 children in the United States are diagnosed with cancer. (2) While the cure rates for some childhood cancers are now over 80 percent, the survival rates for many types of cancers in children remain extremely low. (3) According to the Centers for Disease Control and Prevention, cancer continues to be the leading cause of death by disease in children and adolescents under the age of 14. (4) There are currently more than 360,000 childhood cancer survivors living in the United States. (5) As many as two-thirds of childhood cancer survivors experience at least one long-term health effect of their cancer treatment, including secondary malignancies, cardiopulmonary damage, physical and intellectual developmental impairments, endocrine disorders, and others. (6) Collection of biospecimens and clinical and demographic data on the maximum possible number of children with cancer in the United States is necessary to improve childhood cancer treatments and cures. Currently biospecimens and some demographic data are collected for less than half of children with cancer. SEC. 3. COMPREHENSIVE CHILDREN'S CANCER BIOREPOSITORIES. (a) In General.--Section 417E of the Public Health Service Act (42 U.S.C. 285a-11) is amended-- (1) by redesignating subsections (c) and (d) as subsections (k) and (l), respectively; (2) by striking subsections (a) and (b) and inserting the following: ``(a) Comprehensive Children's Cancer Biorepositories.--The Secretary, acting through the Director of NIH, may make an award for a duration of at least 5 years to an entity or entities described in subsection (d) to build upon existing initiatives to collect biospecimens and clinical and demographic information for at least 90 percent of all children, adolescents, and young adults with cancer in 1 or more Comprehensive Children's Cancer Biorepositories to achieve a better understanding of the cause of such cancers and the effects of treatments for such cancers. ``(b) Use of Funds.--Amounts received under the award under subsection (a) may be used to carry out the following: ``(1) Prospectively acquire, preserve, and store high- quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States. ``(2) Maintain a secure searchable database on stored biospecimens and associated clinical and demographic data from children, adolescents, and young adults with cancer for the conduct of research by scientists and qualified health care professionals. ``(3) Establish procedures for evaluating applications for access to such biospecimens and clinical and demographic data from researchers and other qualified health care professionals. ``(4) Make available and distribute biospecimens and clinical and demographic data from children, adolescents, and young adults with cancer to researchers and qualified health care professionals for peer-reviewed research at a minimal cost. ``(c) No Requirement.--No child, adolescent, or young adult with cancer shall be required to contribute a specimen to a Biorepository or share clinical or demographic data. ``(d) Application; Considerations.-- ``(1) Application.--To be eligible to receive an award under subsection (a) an entity shall submit an application to the Secretary at such a time, in such a manner, and containing such information as the Secretary may reasonably require. ``(2) Considerations.--In evaluating the applications in paragraph (1), the Secretary shall consider the existing infrastructure of the entity that would allow for the timely capture of biospecimens and related clinical and demographic information for children, adolescents, and young adults with cancer. ``(e) Privacy Protections; Consent.-- ``(1) In general.--The Secretary may not make an award under subsection (a) to an entity unless the Secretary ensures that such entity-- ``(A) collects biospecimens and associated clinical and demographic information from children with appropriate permission from parents or legal guardians in accordance with Federal and State law; and ``(B) adheres to strict confidentiality to protect the identity and privacy of patients in accordance with Federal and State law. ``(2) Consent.--The Secretary shall establish an appropriate process for achieving consent from the patient, parent, or legal guardian. ``(f) Single Point of Access; Standard Data; Guidelines and Oversight.-- ``(1) Single point of access.--The Secretary shall ensure that a Biorepository established under subsection (a) has electronically searchable data for use by researchers and other qualified health care professionals in the manner and to the extent defined by the Secretary. ``(2) Standard data.--The Secretary shall require all recipients of an award under this section to make available a standard dataset for the purposes of paragraph (1) in a standard electronic format that enables researchers and qualified health care professionals to search. ``(3) Guidelines and oversight.--The Secretary shall develop and disseminate appropriate guidelines for the development and maintenance of the biorepositories authorized under this section, including appropriate oversight. ``(g) Definitions.-- ``(1) Award.--The term `award' includes a grant, contract, cooperative agreement, or other mechanism determined by the Secretary. ``(2) Biospecimen.--The term `biospecimen' includes-- ``(A) solid tumor tissue or bone marrow; ``(B) normal or control tissue; ``(C) blood/plasma; ``(D) DNA and RNA extractions; ``(E) familial DNA; and ``(F) any other sample required by the Secretary. ``(3) Clinical and demographic information.--The term `clinical and demographic information' shall include-- ``(A) date of diagnosis; ``(B) age at diagnosis; ``(C) patient's gender, race and ethnicity; ``(D) extent of disease at enrollment; ``(E) site of metastases; ``(F) location of primary tumor coded; ``(G) histologic diagnosis; ``(H) tumor marker data when available; ``(I) treatment and outcome data; ``(J) information related to specimen quality; and ``(K) any other information required by the Secretary. ``(h) Coordination.--The Secretary shall ensure that clinical and demographic information collected in accordance with this section is collected in coordination with the information collected under section 399E-1. ``(i) Prohibition on Use of Funds.--Funds made available under this section shall not be used to acquire, preserve, or maintain a biospecimen collected from a patient if such activity is already covered by funds available from the National Cancer Institute for such purpose. ``(j) Report.--Not later than 4 years after the date of enactment of the Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act, the Secretary shall submit to Congress a report on-- ``(1) the number of biospecimens and corresponding clinical demographic data collected through the Comprehensive Children's Cancer Biorepositories established under subsection (a); ``(2) the number of biospecimens and corresponding clinical demographic data requested for use by researchers; ``(3) any barriers to the collection of biospecimens and corresponding clinical demographic data; ``(4) any barriers experienced by researchers or health care professionals in accessing the biospecimens and corresponding clinical demographic data necessary for use in research; and ``(5) any recommendations with respect to improving the Comprehensive Children's Cancer Biorepository program under this section.''; and (3) in subsection (l), as so redesignated-- (A) by striking ``$30,000,000'' and inserting ``$10,000,000''; and (B) by striking ``2013'' and inserting ``2018''. (b) Improving Childhood Cancer Surveillance.--Section 399E-1 of the Public Health Service Act (42 U.S.C. 280e-3a) is amended-- (1) by redesignating subsection (b) as subsection (d); and (2) by striking subsection (a) and inserting the following: ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to State cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Such registries shall be updated to include each occurrence of such cancers within a period of time designated by the Secretary. ``(b) Activities.--The grants described in subsection (a) may be used for-- ``(1) identifying, recruiting, and training all potential sources for reporting childhood, adolescent, and young adult cancer cases; ``(2) developing procedures to implement early inclusion of childhood, adolescent, and young adult cancer cases on State cancer registries through the use of electronic reporting; ``(3) purchasing infrastructure to support the early inclusion of childhood, adolescent, and young adult cancer cases on such registries; ``(4) submitting deidentified data to the Centers for Disease Control and Prevention for inclusion in a national database of childhood, adolescent, and young adult cancers; and ``(5) tracking the late effects of childhood, adolescent, and young adult cancers. ``(c) Coordination.--The Secretary shall ensure that information collected through State cancer registries under this section is collected in coordination with clinical and demographic information collected under section 417E.''. SEC. 4. REPORT TO IMPROVE DEVELOPMENT OF NEW DRUGS AND BIOLOGIC PRODUCTS TO TREAT CHILDHOOD CANCERS. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall report to Congress on barriers to studying oncologic therapies in pediatric populations under section 505B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c). (b) Content.--The report under subsection (a) shall include-- (1) an assessment of the feasibility of requiring studies for a pediatric oncologic indication under section 505B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c) if the therapeutic target of a drug or biologic product for an adult oncologic indication is highly relevant to any pediatric cancer to which it could apply; (2) recommendations to overcome any barriers identified in the report on how to improve research, development and access to new oncologic therapies for use in pediatric patients; and (3) an assessment of the potential impact of altering the exemption under subsection (k) of such section 505B. (c) Stakeholder Input.--The report under subsection (a) shall be developed with input from relevant stakeholders.", "summary": "Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act - Amends the Public Health Service Act to reauthorize through FY2018 cancer research programs under the Caroline Pryce Walker Conquer Childhood Cancer Act of 2008. Replaces the current pediatric cancer research and awareness grant program carried out by the Secretary of Health and Human Services (HHS) with a comprehensive children's cancer biorepositories program. Authorizes the Director of the National Institutes of Health (NIH) to make awards to eligible applicants to build upon existing initiatives to collect biospecimens and clinical and demographic information (including date of diagnosis, age at diagnosis, and patient's gender, race, and ethnicity) for at least 90% of all children, adolescents, and young adults with cancer in Comprehensive Children's Cancer Biorepositories for the purpose of achieving a better understanding of the cause of such cancers and the effects of treatments. Permits award amounts to be used to: (1) acquire, preserve, and store high quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States; (2) maintain a secure searchable database for scientists and qualified health care professionals to research such biospecimens and data; and (3) make available and distribute such biospecimens and data to researchers and professionals for peer-reviewed research. Revises the national childhood cancer registry grant program to require the Director of the Centers for Disease Control and Prevention (CDC) to award grants to state cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Requires a Comptroller General (GAO) report regarding the barriers to conducting pediatric studies of oncologic therapies in applications for new drugs or biological products under the Federal Food, Drug, and Cosmetic Act, including recommendations to improve development and access to new therapies as well as assessments of: (1) the feasibility of requiring studies for a pediatric oncologic indication if the therapeutic target of a drug or biologic product for an adult oncologic indication is highly relevant to any pediatric cancer to which it could apply, and (2) the impact of altering the current exemption for orphan drug designations relating to rare diseases or conditions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``College and University Rural Education (CURE) Act of 2007''. SEC. 2. ESTABLISHMENT OF PROGRAM. The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by adding at the end the following new title: ``TITLE VIII--RURAL DEVELOPMENT GRANTS FOR RURAL COLLEGES AND UNIVERSITIES ``SEC. 801. PURPOSE. ``The purposes of this title are-- ``(1) to increase-- ``(A) enrollment and graduation rates from 2-year and 4-year colleges, and articulation from 2-year degree programs into 4-year degree programs of graduates of rural high schools; and ``(B) degree completion for nontraditional students from rural areas; and ``(2) to promote economic growth and development in rural America through partnership grants to consortia of rural colleges and universities and other entities, such as local educational agencies, employers, education service agencies, and nonprofit organizations. ``SEC. 802. DEFINITIONS. ``For the purposes of this title: ``(1) Rural institution of higher education.--The term `rural institution of higher education' means an institution of higher education (as such term is defined in section 101) that primarily serves rural areas. ``(2) Rural area.--The term `rural area' means an area in which there is located a rural local educational agency. ``(3) Rural local educational agency.--The term `rural local educational agency' means a local educational agency (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965) that is designated with a metrocentric locale code of 41, 42, or 43 as determined by the National Center for Education Statistics (NCES), in conjunction with the Bureau of the Census, using the NCES system for classifying local educational agencies. ``(4) Nontraditional student.--The term `nontraditional student' means an individual who-- ``(A) delays enrollment in an institution of higher education by 3 or more years after completing high school; ``(B) attends an institution of higher education part-time or less than part-time; or ``(C) attends an institution of higher education and-- ``(i) works full-time; ``(ii) is an independent student; ``(iii) has one or more dependents other than a spouse; ``(iv) is a single parent; or ``(v) does not have a high school diploma or a general equivalency diploma (GED). ``(5) Regional employer.--The term `regional employer' means employers qualifying as businesses or other entities employing individuals within a rural area. ``SEC. 803. ENSURING COLLEGE ACCESS FOR RURAL HIGH SCHOOL GRADUATES. ``(a) Grants Authorized.--The Secretary of Education is authorized to make grants in accordance with this section to partnerships formed between one or more rural institution of higher education and any of the following entities: ``(1) One or more rural local educational agencies. ``(2) One or more rural education service agencies. ``(3) One or more regional employers. ``(4) One or more nonprofit organizations with expertise in rural education. ``(b) Eligible Partnerships; Applications.--To be eligible for a grant under this section, a partnership that meets the requirements of subsection (a) shall submit to the Secretary an application in such form and containing such information as the Secretary shall prescribe. In determining which applications to approve for a grant under this section, the Secretary shall consider-- ``(1) the percentage of graduates, attendees, or former attendees of high schools from rural local educational agencies enrolled or otherwise affiliated with the entity; ``(2) in the case of employers, the percentage of employees that are graduates of high schools in rural local educational agencies. ``(c) Use of Grant Amounts.--Funds made available by a grant under this section to a partnership that meets the requirements of shall be used-- ``(1) to improve enrollment rates for graduates and former attendees of rural high schools at rural institutions of higher education, including-- ``(A) programs to provide information about college costs and financial aid options, assistance with college enrollment applications, and assistance with financial aid applications; ``(B) programs or initiatives that provide such individuals of rural high schools access and exposure to campuses, classes, programs, and facilities of rural institutions of higher education, including covering the cost of transportation to and from institutions of higher education; ``(C) the formation of groups or other initiatives that create support groups of such students expressing interest in attending rural institutions of higher education; ``(D) extra curricular activities, such as internships, community service, and other activities for such individuals in advance of attending institutions of higher education; and ``(E) other initiatives that assist such individuals in applying and developing interest in attending rural institutions of higher education; and ``(2) to encourage participation of nontraditional students in degree programs at rural institutions of higher education, including-- ``(A) programs to provide information about college costs and financial aid options, assistance with college enrollment applications, and assistance with financial aid applications for institutions of higher education; ``(B) outreach to nontraditional students through community initiatives; and ``(C) formation of support groups for nontraditional students enrolling in 2-year degree programs and articulating from 2-year degree programs to 4-year degree programs. ``SEC. 804. ECONOMIC DEVELOPMENT PARTNERSHIPS. ``(a) Grants Authorized.--The Secretary of Education is authorized to make grants in accordance with this section to partnerships formed between one or more rural institutions of higher education and one or more regional employers. ``(b) Eligible Partnerships; Applications.--To be eligible for a grant under this section, a partnership that meets the requirements of subsection (a) shall submit to the Secretary an application in such form and containing such information as the Secretary shall prescribe. In determining which applications to approve for a grant under this section, the Secretary shall consider-- ``(1) the potential of the employer to employ graduates of rural institutions of education after graduation; ``(2) the potential of the employer engaged in the partnership to spur economic development in the region; and ``(3) the relevance of the employer to the regional economy. ``(c) Use of Grant Amounts.--Funds made available by a grant under this section to a partnership that meets the requirements of subsection (a) shall be used-- ``(1) to provide additional career training to attendees of rural institutions of education in fields relevant to the regional economy; and ``(2) to encourage regional businesses to employ graduates of rural institutions of education. ``SEC. 805. QUALITY OF LIFE IN RURAL AREAS. ``(a) Grants Authorized.--The Secretary of Education is authorized to make grants in accordance with this section to rural institutions of higher education. ``(b) Use of Grant Amounts.--Funds made available by a grant under this section to a partnership that meets the requirements of subsection (a) shall be used to create or strengthen academic programs to prepare graudates to enter into high-need occupations in the regional and local economies ``SEC. 806. ALLOCATION OF APPROPRIATIONS. ``(a) Grant Considerations.--In making grant allocations under this title to qualifying institutions and partnerships, the Secretary shall consider-- ``(1) the percentage of graduates of rural high schools attending rural institutions of higher education in proximity to the entity receiving the grant; ``(2) employment needs of regional employers in proximity to entities receiving the grant; and ``(3) the health of the regional economy of the region surrounding the entity receiving the grant. ``(b) Maximum and Minimum Grants.--No grant awarded by the Secretary under this title shall be less than $200,000 or more than $500,000. ``(c) Grant Duration.--A grant awarded under this title shall be awarded for one 3-year period. ``SEC. 807. GAO STUDY. ``Commission a study to be completed in 5 years to identify the challenges and solutions to increasing the availability of and access to 4-year degree programs and institutions in rural America. The GAO shall investigate and make recommendations to Congress regarding-- ``(1) the existing number of 4-year institutions of higher education and 4-year degree programs in rural America; ``(2) access to 4-year degree programs and institutions in rural America; ``(3) the cost, availability of resources and challenges associated with the establishment and expansion of 4-year degree programs in rural America; and ``(4) the role of rural America in contributing to overall bachelor's degree attainment in the United States, as a measure of United States global competitiveness. ``SEC. 808. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated-- ``(1) for fiscal year 2009-- ``(A) $15,000,000 to cary out section 803; ``(B) $10,000,000 to carry out section 804; and ``(C) $5,000,000 to carry out section 805; and ``(2) such sums as may be necessary for each of the 4 succeeding fiscal years to carry out such sections.''.", "summary": "College and University Rural Education (CURE) Act of 2007 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award grants to partnerships between rural institutions of higher education (IHEs) and rural local educational agencies, rural education service agencies, regional employers, or rural education nonprofit organizations for activities to: (1) improve the rural IHE enrollment rates of rural high school graduates and former attendees; and (2) encourage nontraditional students' participation in rural IHE degree programs. Authorizes the Secretary to award grants to partnerships between rural IHEs and regional employers to: (1) provide additional training to rural IHE attendees in careers relevant to the regional economy; and (2) encourage regional businesses to employ rural IHE graduates. Authorizes the Secretary to award grants to rural IHEs to create or strengthen academic programs that prepare graduates to enter high-need occupations in the regional and local economies. Requires the General Accountability Office (GAO) to investigate, and make recommendations to Congress regarding the improvement of, rural access to four-year IHEs and degree programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster Children Opportunity Act''. SEC. 2. STATE PLAN REQUIREMENT TO HAVE PROCEDURES TO HELP ALIEN CHILDREN IN THE CHILD WELFARE SYSTEM ACHIEVE SPECIAL IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT STATUS. Sect. 471(a)(27) of the Social Security Act (42 U.S.C. 671(a)(27)) is amended by inserting ``, and if the child is an alien without a lawful immigration status, for reviewing the child's eligibility for special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law, within 1 year after the status of the child is first reviewed pursuant to section 475(5)(B), and annually thereafter, and for assisting the child in applying for special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law, so that the child can reasonably be expected to achieve such relief before exiting foster care, if doing so would be in the best interests of the child'' before the period. SEC. 3. REQUIREMENT THAT STATE CHILD WELFARE AGENCIES DOCUMENT THEIR EFFORTS TO PURSUE LAWFUL IMMIGRANT STATUS FOR ELIGIBLE ALIEN FOSTER CHILDREN. Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is amended by adding at the end the following: ``(H) In the case of an alien child who, after a review conducted pursuant to section 471(a)(27), is determined to be a child who may qualify for special immigrant juvenile status, lawful permanent resident status, or other forms of relief under immigration law, documentation of the steps the agency is taking in assisting the child to obtain the status before exiting foster care, including whether the requisite petitions have been filed on behalf of the child, and whether assistance has been provided to secure immigration legal counsel for the child.''. SEC. 4. REQUIRMENT TO DETERMINE WHETHER FILING PETITIONS FOR SPECIAL IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT STATUS FOR ALIEN FOSTER CHILDREN IS IN THE CHILD'S BEST INTEREST IN APPROPRIATE CASES. Section 475(5)(C)(i) of the Social Security Act (42 U.S.C. 675(5)(C)(i)) is amended by inserting ``, and, in the case of an alien child without lawful immigration status, the hearing shall determine whether a petition for special immigrant juvenile status or lawful permanent resident status has been filed on behalf of the child and, if such a petition has not been so filed, whether it is in the best interests of the child, including consideration of the potential effects on family reunification efforts, to have such a petition so filed or to have immigration counsel appointed'' before the semicolon at the end. SEC. 5. AUTHORITY TO USE COURT IMPROVEMENT PROGRAM GRANT FUNDS TO EDUCATE AND TRAIN CHILD WELFARE AND COURT STAFF, INCLUDING JUDGES, SOCIAL WORKERS, COURT-APPOINTED SPECIAL ADVOCATES, AND LAWYERS TO ASSIST ALIEN CHILDREN IN ACHIEVING SPECIAL IMMIGRANT JUVENILE STATUS, LAWFUL PERMANENT RESIDENT STATUS, AND OTHER FORMS OF RELIEF UNDER IMMIGRATION LAW. Section 438(a)(2) of the Social Security Act (42 U.S.C. 629h(a)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by adding ``and'' at the end of subparagraph (B); and (3) by adding at the end the following: ``(C) to educate and train child welfare and court staff, including judges, social workers, court- appointed special advocates, and attorneys to assist alien children in achieving special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law in a timely manner;''. SEC. 6. TECHNICAL ASSISTANCE FOR CHILD WELFARE AGENCIES. On request of a State child welfare agency for technical assistance in carrying out the amendments made by this Act, the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security and the Secretary of State, shall provide the assistance, and may award grants to and enter into contracts with qualified non-profit or other community-based service providers with substantive expertise to perform the assistance. SEC. 7. ELIGIBILITY FOR ASSISTANCE. (a) Public Benefits.-- (1) Federal means-tested public benefits.--Section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding at the end the following: ``(3) Exception for individuals who have obtained special immigrant juvenile status.--An alien who is granted special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)).''. (2) Other federal programs.--Section 402 of such Act (8 U.S.C. 1612) is amended-- (A) in subsection (a)(2), by adding at the end the following: ``(N) Exception for individuals who have obtained special immigrant juvenile status.--With respect to eligibility for benefits for the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to any alien who is granted special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)).''; and (B) in subsection (b)(2), by adding at the end the following: ``(G) Exception for individuals who have obtained special immigrant juvenile status.--An alien who is granted special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)).''. (b) State Reimbursement.--Section 472(a)(4) of the Social Security Act (42 U.S.C. 672(a)(4)) is amended by inserting ``, and if the child is an alien who has obtained special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act and would have been qualified to receive aid under the State plan approved under section 402 of this Act in or for the month in which the agreement described in paragraph (2)(A)(i) of this subsection was entered into or court proceedings leading to the determination described in paragraph (2)(A)(ii) of this subsection were initiated if the child had been a United States citizen, the child shall be considered to satisfy the requirements of paragraph (3) with respect to the month'' before the period. SEC. 8. EFFECTIVE DATE. (a) In General.--The amendments made by this Act, other than by section 7, shall take effect on the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for quarters beginning on or after such date. (b) Delay Permitted if State Legislation Required.--In the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.", "summary": "Foster Children Opportunity Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require state plans for foster care and adoption assistance to have procedures to assist alien children in the child welfare system achieve special immigrant juvenile status and lawful permanent resident status before exiting foster care. Requires case plans to include documentation of the steps the state child welfare agency is taking in assisting children obtain lawful immigrant status before exiting foster care. Requires a permanency hearing to determine whether a petition for special immigrant juvenile status or lawful permanent resident status has been filed on behalf of an alien foster child and, if it has not been filed, whether it is in the child's best interest to have such a petition filed or to have immigration counsel appointed. Authorizes the use of court improvement program grant funds to educate and train child welfare and court staff to assist alien children in achieving special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law. Requires the Secretary of Health and Human Services (HHS), on the request of a child welfare agency, to provide technical assistance in carrying out this Act. Authorizes the Secretary to award grants to and contract with qualified non-profit or other community-based service providers to perform the assistance. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make an exception to the five-year limited eligibility of qualified aliens for federal means-tested public benefits for individuals who have obtained special immigrant juvenile status. Makes a similar exception for such individuals with respect to the limited eligibility of qualified aliens for certain Federal programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Americans Act Technical Amendments of 1993''. SEC. 2. TECHNICAL AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965. The Older Americans Act of 1965 (42 U.S.C. 3001-3058ee) is amended-- (1) in section 102(3) by inserting ``of the United States'' after ``Virgin Islands'', (2) in section 202(a)(18)-- (A) by striking ``, and service providers,'', and (B) by inserting ``, and service providers,'' after ``on aging'', (3) in section 202(a)(27)(C) by striking ``1994'' and inserting ``1995'', (4) in section 203(a)(3) by striking ``Federal'' the first place it appears, (5) in section 206(g)-- (A) in paragraph (1) by striking ``1994'' and inserting ``1995'', (B) in paragraph (2)(B) by striking ``1993'' and inserting ``1994'', and (C) in paragraph (3) by striking ``1994'' and inserting ``1995'', (6) in the first sentence of section 211 by striking ``agencies,'' and inserting ``agencies'', (7) in section 302 by striking paragraph (10), (8) in paragraphs (1) and (2) of section 305(b) by striking ``clause (1) of subsection (a)'' each place it appears, and inserting ``subsection (a)(1)'', (9) in section 307-- (A) in section 307(a)-- (i) in the last sentence of paragraph (8) by striking ``knowledgable'' and inserting ``knowledgeable'', and (ii) in paragraph (24) by striking the semicolon at the end and inserting a period, and (B) in subsection (b)(2) by striking ``the requirement described in clause (3)(B) of subsection (a)'' and inserting ``such requirement'', (10) in section 310(a)(1) by striking ``Disaster Relief and Emergency Assistance Act'' and inserting ``Robert T. Stafford Disaster Relief and Emergency Assistance Act'', (11) in section 314(a) by striking ``(a) Promotion.--'', (12) in section 321(a)(15) by striking ``clause (16) of section 307(a)'' and inserting ``chapter 3 of subtitle A of title VII and section 307(a)(16)'', (13) in section 361(a) by inserting ``and Prevention'' after ``Control'', (14) in section 402(b) by striking ``Alcohol, Drug Abuse, and Mental Health Administration'' and inserting ``Substance Abuse and Mental Health Services Administration'', (15) in section 411(e) by striking ``431(b)'' and inserting ``section 431(b)'', (16) in the first sentence of section 421(a) by striking ``purposes'' the last place it appears and inserting ``purpose'', (17) in section 429G(a)(2)(B)(v)(X) by striking ``and'' at the end, (18) in subsections (a) and (b)(2) of section 429I by striking ``black'' and inserting ``Black'', (19) in section 429J(a)(2)(D) by inserting ``of 1974'' after ``Act'', (20) in section 510 by striking ``section 203 of such Act (29 U.S.C. 1603)'' and inserting ``sections 203 and 204(d)(5)(A) of such Act (29 U.S.C. 1603, 1604(d)(5)(A))'', and (21) in subsections (c) and (d) of section 614 by striking ``Commission'' and inserting ``Assistant Secretary''. SEC. 3. ASSISTANT SECRETARY FOR AGING. (a) Amendments to the Older Americans Act of 1965.--The Older Americans Act of 1965 (42 U.S.C. 3001-3058ee) is amended-- (1) by amending section 102(2) to read as follows: ``(2) The term `Assistant Secretary' means the Assistant Secretary for Aging.'', (2) in section 201-- (A) in subsection (a) by striking ``a Commissioner on'' and inserting ``an Assistant Secretary for'', (B) in subsection (c)-- (i) in paragraph (2) by striking ``an Associate Commissioner on'' and inserting ``a Director of the Office for'', and (ii) in paragraph (3) by striking ``Associate Commissioner on'' and inserting ``Director of the Office for'', (C) in subsection (d)-- (i) by striking ``an Associate Commissioner for Ombudsman Programs'' and inserting ``a Director of the Office of Long-Term Care Ombudsman Programs'', and (ii) by striking ``Associate Commissioner'' each place it appears and inserting ``Director'', and (D) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (3) in section 202-- (A) in the heading by striking ``commissioner'' and inserting ``assistant secretary'', (B) in subsection (a)(21)(A) by striking ``Associate Commissioner for Ombudsman Programs'' and inserting ``Director of the Office of Long-Term Care Ombudsman Programs'', (C) in subsection (e)(1)(A)(iv) by striking ``Associate Commissioner on'' and inserting ``Director of the Office for'', and (D) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (4) in sections 212 and 429E-- (A) by striking ``Associate Commissioner on'' and inserting ``Director of the Office for'', and (B) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (5) in section 307-- (A) in subsections (d) and (e) by striking ``Commissioner's'' each place it appears and inserting ``Assistant Secretary's'', and (B) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (6) in section 311(a)(4)(B) by striking ``Commissioner'' and inserting ``Assistant Secretary for Aging'', (7) in section 427-- (A) in subsection (a) by striking ``Commissioner'' and inserting ``Assistant Secretary'', and (B) in subsection (b) by striking ``Commissioner on Aging'' each place it appears and inserting ``Assistant Secretary'', (8) in subsections (a) and (b)(1) of section 503, and in section 505(a), by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary for Aging'', (9) in section 712-- (A) in subsection (h)(4)(A) by striking ``Associate Commissioner for Ombudsman Programs'' and inserting ``Director of the Office of Long-Term Care Ombudsman Programs'', and (B) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (10) in section 751-- (A) in subsection (a) by striking ``Associate Commissioner on'' and inserting ``Director of the Office for'', and (B) in subsections (a) and (b) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (11) in the headings of sections 338B(b), 429A(g)(2), 429G(c)(2), and 763(b) by striking ``Commissioner'' and inserting ``Assistant Secretary'', (12) in the heading of section 433 by striking ``commissioner'' and inserting ``assistant secretary'', and (13) by striking ``Commissioner'' each place it appears, and inserting ``Assistant Secretary'', in sections 203(a), 203A, 204(d), 205, 206(g), 207, 211, 214, 215(b)(2), 301, 304, 305, 306, 308, 309(a), 310, 312, 313(a), 314, 321, 331, 336, 337, 338(a), 338A, 338B, 341, 351, 361, 381, 402, 411, 412, 421, 422, 423, 424, 425(a), 428, 429, 429A, 429B, 429C, 429D, 429F, 429G, 429H, 429I, 429J, 431, 432, 433, 613, 614, 614A, 623, 624, 631, 632, 701, 703, 705(a)(7)(D), 713, 741(a)(4)(G), 763, and 764(a). (b) Amendments to Other Law.--(1) Section 5315 of title 5 of the United States Code is amended in the item relating to Assistant Secretaries of Health and Human Services by striking ``(5)'' and inserting ``(6)''. (2) Section 9(b) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 958(b)) is amended by striking ``Commissioner on Aging'' and inserting ``Assistant Secretary for Aging''. (3) Sections 911(a)(8) and 921(a)(2) of the Alzheimer's Disease and Related Dementias Services Research Act of 1986 (42 U.S.C. 11211(a)(8), 11221(a)(2)) are amended by striking ``Commissioner on Aging'' and inserting ``Assistant Secretary for Aging''. (4) Section 17(o)(3)(A) of the National School Lunch Act (42 U.S.C. 1766(o)(3)(A)) is amended by striking ``Commissioner of Aging'' and inserting ``Assistant Secretary for Aging''. (c) References.--Any reference to the Commissioner on Aging in any order, rule, guideline, contract, grant, suit, or proceeding that is pending, enforceable, or in effect on the date of the enactment of this Act shall be deemed to be a reference to the Assistant Secretary for Aging. SEC. 4. MATTERS RELATING TO THE OLDER AMERICANS ACT AMENDMENTS OF 1992. (a) Technical Amendments.--The Older Americans Act Amendments of 1992 (Public Law 102-375; 106 Stat. 1195-1310) is amended-- (1) in section 202(g) by striking ``1993'' each place it appears and inserting ``1994'', (2) in section 211 by striking ``1994'' and inserting ``1995'', and (3) in section 502(b)-- (A) in the matter preceding paragraph (1) by striking ``The first sentence of section'' and inserting ``Section'', and (B) in paragraph (1) by inserting ``in the first sentence'' after ``(1)''. (b) Delayed Applicability of Certain Amendments.--The amendments made by-- (1) sections 303(a)(2), 303(a)(3), 304 (excluding paragraphs (1) and (2) of subsection (a)), 305, 306, 307, and 317, and (2) title VII, of the Older Americans Act Amendments of 1992 (Public Law 102-375; 106 Stat. 1221 et seq.) shall not apply with respect to fiscal year 1993. SEC. 5. TECHNICAL AMENDMENTS TO THE NATIVE AMERICAN PROGRAMS ACT OF 1974. The Native American Programs Act of 1974 (42 U.S.C. 2991-2992d) is amended-- (1) in section 802 by striking ``Alaskan'' and inserting ``Alaska'', and (2) in the first sentence of section 803(a) by striking ``nonreservation areas'' and inserting ``areas that are not Indian reservations or Alaska Native villages'', (3) in section 803A-- (A) in subsections (b), (c), and (d)(1) by striking ``to which a grant is awarded under subsection (a)(1)'' each place it appears, (B) in subsection (d)(2) by striking ``to which a grant is made under subsection (a)(1)'', and (C) in subsection (f)(1) by striking ``for fiscal years 1988, 1989, and 1990 the aggregate amount $3,000,000 for all such fiscal years'' and inserting ``for each of the fiscal years 1992, 1993, and 1994, $1,000,000'', (4) in section 803B(c)-- (A) in paragraph (5) by striking ``individuals who'' and inserting ``agencies described in section 803(a) that'', and (B) in paragraph (6) by striking ``such individuals'' and inserting ``Native Americans,'', (5) in section 806(a)(2) by striking ``Alaskan'' and inserting ``Alaska'', (6) in section 815-- (A) in paragraph (2) by striking ``Alaskan'' each place it appears and inserting ``Alaska'', and (B) in paragraph (4) by adding a semicolon at the end, and (6) in section 816-- (A) in subsections (a) and (b) by inserting a comma after ``803A'' each place it appears, (B) in subsection (c) by striking ``are'' and inserting ``is'', (C) in subsection (e) by striking ``fiscal years 1992 and 1993'' and inserting ``fiscal year 1994'', and (D) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. SEC. 6. AMENDMENTS REGARDING THE WHITE HOUSE CONFERENCE ON AGING. Title II of the Older Americans Amendments of 1987 (42 U.S.C. 3001 note) is amended-- (1) in section 202(a) by striking ``December 31, 1994'' and inserting ``May 31, 1995,'', (2) in section 203(b)-- (A) in paragraph (1) by striking ``subsection (a)(2)'' and inserting ``subsection (a)(3)'', and (B) in paragraph (3) by striking ``subsection (a)(5)'' and inserting ``subsection (a)(6)'', (3) in section 204-- (A) in subsection (a)-- (i) in paragraph (1) by striking ``90 days after the enactment of the Older Americans Act Amendments of 1992'' and inserting ``December 31, 1993'', and (ii) in paragraph (2)(B) by striking ``60 days'' and inserting ``90 days'', (B) in subsection (b) by moving the left margin of paragraph (2) 2 ems to the right so as to align such margin with the left margin of paragraph (1), and (C) in subsection (d) by striking ``prescribed rate for GS- 18 under section 5332'' and inserting ``equivalent of the maximum rate of pay payable under section 5376'', (4) in section 206(5) by inserting ``of the United States'' after ``Virgin Islands'', and (5) in section 207-- (A) in subsection (a)(1) by striking ``1994'' and inserting ``1996'', and (B) in subsection (b)-- (i) in paragraph (1)-- (I) by striking ``June 30, 1995, or'', and (II) by striking ``, whichever occurs earlier'', (ii) in paragraph (2)-- (I) by striking ``June 30, 1995, or'', and (II) by striking ``, whichever occurs earlier,'', and (iii) in paragraph (3) by striking ``June 30, 1994'' and inserting ``December 31, 1995''. SEC. 7. AMENDMENTS TO THE COMMUNITY SERVICES BLOCK GRANT ACT. (a) Discretionary Authority.--Section 681(a)(2) of the Community Services Block Grant Act (42 U.S.C. 9910(a)(2)) is amended-- (1) in subparagraph (D) by striking ``(including'' and all that follows through ``facilities'', and inserting ``, including rental housing for low-income individuals'', (2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and (3) by inserting after subparagraph (D) the following: ``(E) technical assistance and training programs regarding the planning and development of rural community facilities (in selecting entities to carry out such programs, the Secretary shall give priority to organizations described in subparagraph (D));''. (b) Annual Report.--Section 682 of the Community Services Block Grant Act (42 U.S.C. 9911) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``contract with'' and inserting ``awarding a grant or contract to'', (ii) by striking ``this subtitle'' and inserting ``section 674'', and (iii) by striking subparagraphs (A) and (B) and inserting the following: ``(A) The uses of the Community Services Block Grant to the States that are related to the purposes of the subtitle. ``(B) The number of entities eligible for funds under this subtitle, the number of low-income persons served under this subtitle, and that amount of information concerning the demographics of the low-income populations served by such eligible entities as is determined to be feasible. ``(C) Any information in addition to that described in subparagraph (B) that the Secretary considers to be appropriate to carry out this subtitle, except that the Secretary may not require a State to provide such additional information until the expiration of the 1-year period beginning on the date on which the Secretary notifies such State that such additional information will be required to be provided.'', (B) by striking paragraphs (2) and (3), and (C) by adding at the end the following: ``(2) In selecting an entity to prepare a report under this subsection, the Secretary shall give a preference to any nonprofit entity that has demonstrated the ability to secure the voluntary cooperation of grantees under this subtitle in designing and implementing national Community Services Block Grant information systems.'', and (2) in subsection (b) by striking ``Not later'' and all that follows through ``prepared, the'', and inserting ``The''. (c) Technical Amendments.--The Community Services Block Grant Act (42 U.S.C. 9901-9912) is amended-- (1) in section 673(4) by inserting ``of the United States'' after ``Virgin Islands'', (2) in section 674(a)-- (A) in paragraphs (1)(B) and (2)(A)(ii) by striking ``681(c)'' each place it appears and inserting ``681(d)'', and (B) in paragraph (3) by inserting ``of the United States'' after ``Virgin Islands'', (3) in section 680(a) by striking ``681(c)'' and inserting ``681(d)'', and (4) in section 681A by striking ``Statewide'' and inserting ``statewide''. SEC. 8. TECHNICAL AMENDMENTS WITH RESPECT TO CHILD CARE. Section 8 of Public Law 102-586 is amended by striking ``Child Care and Development Block Grant Act Amendments of 1992'' each place it appears and inserting ``Child Care and Development Block Grant Act of 1990''. SEC. 9. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT. (a) In General.--The first sentence of section 114(d) of the Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992 (42 U.S.C. 5106a note; Public Law 102-295) is amended-- (1) by striking ``on October 1, 1993, or'', and (2) by striking ``, whichever occurs first''. (b) Effective Date.--The amendments made by subsection (a) take effect on September 30, 1993. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Older Americans Act Technical Amendments of 1993 - Makes numerous miscellaneous technical amendments necessitated by the enactment of the Older Americans Act Amendments of 1992 to various provisions of the Older Americans Act of 1965 (OAA), including those extending the deadlines for certain reports to the Congress, and those under OAA and other specified Federal laws elevating the Commissioner on Aging to Assistant Secretary for Aging within the Department of Health and Human Services. Amends the Older Americans Act Amendments of 1992 to: (1) extend the deadlines for obligating funds for operation of the National Ombudsman Resource Center and National Center on Elder Abuse; and (2) delay the applicability of certain amendments, including those relating to vulnerable elder rights protection activities. Amends the Native American Programs Act of 1974 to: (1) make numerous miscellaneous technical amendments; and (2) authorize appropriations for FY 1994 for demonstration projects for research related to Native American studies and Indian policy development and for a plan for the establishment of a National Center for Native American Studies and Indian Policy Development. Amends the Older Americans Amendments of 1987 to: (1) extend the deadline for the President to convene the White House Conference on Aging; (2) authorize appropriations for FY 1995 and 1996 for the Conference; and (3) make miscellaneous technical amendments regarding Conference administration and availability of funds. Amends the Community Services Block Grant Act to: (1) make miscellaneous technical amendments to various provisions of such Act; (2) change annual reporting requirements; and (3) split the discretionary grants program for rural housing and community facilities into two separate items. Amends specified Federal law authorizing appropriations for the continued implementation of the Juvenile Justice and Delinquency Prevention Act of 1974 to replace references to the Development Block Grant Act Amendments of 1992 with references to the Child Care and Development Block Grant Act of 1990. Amends the Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992 to make certain changes to the State grant program for child abuse and neglect prevention and treatment effective only after annual appropriations reach $40 million."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Free Choice Act of 2016''. SEC. 2. STREAMLINING UNION CERTIFICATION. (a) In General.--Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a). ``(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include-- ``(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and ``(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.''. (b) Conforming Amendments.-- (1) National labor relations board.--Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended, in the second sentence-- (A) by striking ``and to'' and inserting ``to''; and (B) by striking ``and certify the results thereof,'' and inserting ``, and to issue certifications as provided for in that section,''. (2) Unfair labor practices.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended-- (A) in paragraph (7)(B) by striking ``, or'' and inserting ``or a petition has been filed under section 9(c)(6), or''; and (B) in paragraph (7)(C) by striking ``when such a petition has been filed'' and inserting ``when such a petition other than a petition under section 9(c)(6) has been filed''. SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows: ``(1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. ``(2) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. ``(3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.''. SEC. 4. STRENGTHENING ENFORCEMENT. (a) Injunctions Against Unfair Labor Practices During Organizing Drives.-- (1) In general.--Section 10(l) of the National Labor Relations Act (29 U.S.C. 160(l)) is amended-- (A) in the second sentence, by striking ``If, after such'' and inserting the following: ``(2) If, after such''; and (B) by striking the first sentence and inserting the following: ``(1) Whenever it is charged-- ``(A) that any employer-- ``(i) discharged or otherwise discriminated against an employee in violation of subsection (a)(3) of section 8; ``(ii) threatened to discharge or to otherwise discriminate against an employee in violation of subsection (a)(1) of section 8; or ``(iii) engaged in any other unfair labor practice within the meaning of subsection (a)(1) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed in section 7; while employees of that employer were seeking representation by a labor organization or during the period after a labor organization was recognized as a representative defined in section 9(a) until the first collective bargaining contract is entered into between the employer and the representative; or ``(B) that any person has engaged in an unfair labor practice within the meaning of subparagraph (A), (B), or (C) of section 8(b)(4), section 8(e), or section 8(b)(7); the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred.''. (2) Conforming amendment.--Section 10(m) of the National Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting ``under circumstances not subject to section 10(l)'' after ``section 8''. (b) Remedies for Violations.-- (1) Backpay.--Section 10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by striking ``And provided further,'' and inserting ``Provided further, That if the Board finds that an employer has discriminated against an employee in violation of subsection (a)(3) of section 8 while employees of the employer were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract was entered into between the employer and the representative, the Board in such order shall award the employee back pay and, in addition, 2 times that amount as liquidated damages: Provided further,''. (2) Civil penalties.--Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended-- (A) by striking ``Any'' and inserting ``(a) Any''; and (B) by adding at the end the following: ``(b) Any employer who willfully or repeatedly commits any unfair labor practice within the meaning of subsection (a)(1) or (a)(3) of section 8 while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract is entered into between the employer and the representative shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of not to exceed $20,000 for each violation. In determining the amount of any penalty under this section, the Board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, or on the public interest.''.", "summary": "Employee Free Choice Act of 2016 This bill amends the National Labor Relations Act to require the National Labor Relations Board to certify, without an election, an individual or labor organization to be the exclusive representative of the employees in a unit appropriate for bargaining if a majority of the employees has signed valid authorizations designating the individual or labor organization specified in a properly filed petition as their bargaining representative, and no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit. The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative. Whenever collective bargaining is for the purpose of establishing an initial agreement involving a newly organized or certified employee representative, the requirements for bargaining collectively shall be modified. The parties shall meet to bargain collectively within 10 days after the employer receives a written request. The Federal Mediation and Conciliation Service (FMCS) shall use its best efforts, by mediation and conciliation, to bring the parties to agreement if 90 days lapse without settlement of a dispute. If such efforts fail for 30 days, the FMCS shall refer the dispute to an arbitration panel, whose decision shall bind the parties for two years, unless the parties consent to a different time period. The preliminary investigation of charges involving employer discrimination or unfair labor practices while employees of that employer were seeking representation by a labor organization shall be made forthwith and given priority over all other cases except cases of like character in the office where the charge is filed or to which it is referred. The Board shall award an employee back pay and, in addition, twice that amount as liquidated damages if it finds that the employer has discriminated against the employee either during the period while the employer's employees were seeking representation by a labor organization, or during the period from the time a labor organization was recognized as a representative until the first collective bargaining contract between the employer and the representative was entered into. Any employer who willfully or repeatedly commits any unfair labor practice during these periods shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of up to $20,000 for each violation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Infertility Research Centers Act of 2002''. SEC. 2. GRANTS AND CONTRACTS FOR RESEARCH CENTERS WITH RESPECT TO INFERTILITY PREVENTION. Subpart 7 of part C of title IV of the Public Health Service Act (42 U.S.C. 285g et seq.) is amended by adding at the end the following new section: ``SEC. 452H. RESEARCH CENTERS WITH RESPECT TO INFERTILITY PREVENTION. ``(a) In General.--The Director of the Institute, after consultation with the advisory council for the Institute, shall make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to conduct activities for the purpose of improving methods of preventing infertility. ``(b) Number of Centers.--In carrying out subsection (a), the Director of the Institute shall, subject to the extent of amounts made available in appropriations Acts, provide for the establishment of two centers with respect to infertility prevention. ``(c) Use of Funds.-- ``(1) In general.--Each center assisted under this section shall, in carrying out the purpose of the center involved-- ``(A) conduct clinical and other applied research, including clinical trials of new or improved drugs and devices for the diagnosis and treatment of infertility in males and females; ``(B) develop protocols for training physicians, scientists, nurses, and other health and allied health professionals; ``(C) conduct training programs for such individuals; ``(D) develop model continuing education programs for such professionals; and ``(E) disseminate information to such professionals and the public. ``(2) Stipends.--A center may use funds provided under subsection (a) to provide stipends for health and allied health professionals enrolled in programs described in subparagraph (C) of paragraph (1), and to provide fees to individuals serving as subjects in clinical trials conducted under such paragraph. ``(d) Coordination.--The Director of the Institute shall, as appropriate, provide for the coordination of information among the centers assisted under this section. ``(e) Facilities.--Each center assisted under subsection (a) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of the Institute. ``(f) Period of Support.--Support of a center under subsection (a) may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 and 2005.''. SEC. 3. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO INFERTILITY PREVENTION. Part F of title IV of the Public Health Service Act (42 U.S.C. 287d et seq.) is amended-- (1) by redesignating the second section 487F (relating to the pediatric research loan repayment program) as section 487G; and (2) by inserting after section 487G (as so redesignated) the following section: ``SEC. 487H. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO INFERTILITY PREVENTION. ``(a) Establishment.--The Secretary, in consultation with the Director of the National Institute of Child Health and Human Development, shall establish a program of entering into agreements with qualified health professionals (including graduate students) under which such health professionals agree to conduct research with respect to infertility prevention, in consideration of the Federal Government agreeing to repay, for each year of such service, not more than $20,000 of the principal and interest of the educational loans of such health professionals. ``(b) Application of Provisions.--The provisions of sections 338B, 338C, and 338E shall apply to the program established in subsection (a) to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III. ``(c) Funding.--Amounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were appropriated.''.", "summary": "Infertility Research Centers Act of 2002 - Amends the Public Health Service Act to mandate grants or contracts for two centers for improving methods of preventing infertility. Requires each center to: (1) conduct clinical and other applied research; (2) develop training protocols and conduct training; (3) develop model continuing education programs; and (4) disseminate information to professionals.Allows funds to be used for: (1) stipends for training program enrollees; and (2) fees to clinical trial subjects.Establishes a program of agreements with health professionals to conduct infertility prevention research in return for the Government repaying the professionals' educational loans."}
{"article": "SECTION 1. PRE-DECISIONAL ADMINISTRATIVE REVIEW PROCESS FOR FOREST SERVICE ACTIONS IMPLEMENTING LAND AND RESOURCE MANAGEMENT PLANS. (a) Replacement of Current Administrative Appeals Process.--Section 322 of Public Law 102-381 (16 U.S.C. 1612 note) is amended by striking subsections (c), (d), and (e) and inserting the following new subsections: ``(c) Pre-Decisional Administrative Review Process for Certain Forest Service Actions.-- ``(1) Establishment as sole means for administrative review.--The Secretary shall establish by regulation a pre- decisional administrative review process that will serve as the sole means by which a person can seek administrative review regarding proposed actions referred to in subsection (a). ``(2) Review period.--The pre-decisional administrative review process for a proposed action referred to in subsection (a) shall occur during the period-- ``(A) beginning after the completion of the environmental assessment or environmental impact statement prepared for the action; and ``(B) ending not later than the date of the issuance of the final decision approving the action. ``(3) Eligibility.--To be eligible to participate in the pre-decisional administrative review process for a proposed action referred to in subsection (a), a person shall submit to the Secretary, during scoping or the public comment period for the draft environmental analysis for the action, specific written comments that relate to the proposed action. ``(4) Notice of proposed decision.--Following the conclusion of the pre-decisional administrative review process for a proposed action referred to in subsection (a), the Secretary shall provide notice of, and distribute, the proposed decision along with the final environmental assessment or environmental impact statement. ``(d) Emergency Situations.-- ``(1) Exemption from pre-decisional administrative review process.--Subject to paragraphs (2) and (3), if the Chief of the Forest Service determines that an emergency situation exists for which immediate implementation of a proposed action referred to in subsection (a) is necessary, the proposed action shall not be subject the pre-decisional administrative review process in subsection (c). ``(2) Notice; post-decisional objection process.--In the case of an action exempted under paragraph (1), the Forest Service shall-- ``(A) provide notice of the final decision for the proposed action; and ``(B) provide for an expedited post-decisional review process. ``(3) Implementation.--The Forest Service may implement an action exempted under paragraph (1) immediately after notice is provided under paragraph (2)(A) and continue such implementation during the post-decisional administrative review process. ``(e) Efforts To Expedite Judicial Review.--Subsections (b) and (c)(3) of section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516) shall apply with respect to-- ``(1) the judicial review of an action challenging an action referred to in subsection (a); and ``(2) any request for an injunction regarding such an action. ``(f) Relationship to Other Authorities.--This section does not apply to-- ``(1) an authorized hazardous fuel reduction project under title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.), which has its own special administrative review process under section 105 of such Act (16 U.S.C. 6515); and ``(2) a proposed action referred to in subsection (a) for which a categorically exclusion is provided. ``(g) Short Title.--This section may be cited as the `Forest Service Administrative Review Act'.''. (b) Technical Corrections.--Section 322 of Public Law 102-381 (16 U.S.C. 1612 note) is further amended-- (1) in subsection (a), by striking ``(16 U.S.C. 1601 et seq.)'' and inserting ``(16 U.S.C. 1600 et seq.)''; and (2) in subsection (b)-- (A) by striking ``Secretary'' both places it appears and inserting ``Forest Service''; and (B) by striking the comma at the end of paragraph (1)(A). (c) Effective Date and Interim Process.-- (1) Effective date.--Subject to paragraph (3), the pre- decisional administrative review process required by subsection (c) of section 322 of Public Law 102-381 (16 U.S.C. 1612 note), as added by subsection (a), shall take effect upon the issuance of final regulations by the Secretary of Agriculture establishing the process. (2) Interim process.--Pending issuance of the final regulations, the Secretary shall apply-- (A) the regulations in part 215, title 36, Code of Federal Regulations that implement the notice and comment provisions in subsections (a) and (b) of section 322 of Public Law 102-381; and (B) the regulations in part 218, title 36, Code of Federal Regulations, to provide the pre-decisional administrative review process under subsection (c) of section 322 of Public Law 102-381, except that subsection (c)(5) of such section shall apply to require notice and distribution of proposed decisions. (3) Transition.--Upon issuance of the final regulations, the Secretary shall no longer apply the regulations in part 215, title 36, Code of Federal Regulations, that implement subsections (c), (d), and (e) of section 322 of Public Law 102- 381, as in effect on the day before the date of enactment of this Act, except with respect to a decision which was, or could have been, appealed under such part on the day before the date of the issuance of the final regulations.", "summary": "Forest Service Administrative Review Act - Directs the Secretary of Agriculture (USDA), through the Forest Service, to establish a pre-decisional administrative review process that will serve as the sole means by which persons can seek an administrative review regarding proposed actions of the Forest Service concerning projects and activities that implement land and resource management plans developed under the Forest and Rangeland Renewable Resources Planning Act of 1974. Sets forth requirements for the pre-decisional administrative review process concerning the occurrence of the review period, eligibility of a participant in the process, and notice of the proposed decision. Exempts from such process an emergency situation that exists for which immediate implementation of a proposed action is necessary. Applies certain judicial review provisions of the Healthy Forests Restoration Act of 2003 with respect to: (1) the judicial review of an action challenging a proposed action under this Act, and (2) any request for an injunction regarding such an action. Makes this Act non-applicable to: (1) an authorized hazardous fuel reduction project under such Act that has its own special administrative review process, and (2) a proposed action under this Act for which a categorical exclusion is provided."}
{"article": "That this Act may be cited as the ``Handgun Control Act of 1993''. Section 1. The Congress hereby finds and declares-- (a) that the estimated total number of handguns in private hands has more than doubled since 1978, bringing the total to sixty-six million; (b) that handguns play a major role, and a role disproportionate to their number in comparison with long guns, in the commission of homicide, aggravated assault, and armed robbery, and that the percentage of violent crimes in which handguns are used is increasing; (c) that more than one-half of all handguns are acquired secondhand and that licensing and restrictions on sale of new handguns will not significantly reduce handgun crime and handgun violence; (d) that with few exceptions handguns are not used for sporting or recreational purposes and that such purposes do not require keeping of handguns in private homes; (e) that handguns in the home are of less value than is commonly thought in defending against intruders and that such defensive purposes can be adequately accomplished by other means; (f) that violent crimes perpetrated with handguns constitute a burden upon and interfere with interstate and foreign commerce and threaten the internal security and domestic tranquillity of the Nation; and (g) that a national firearms policy which restricts the availability of handguns for nonlaw enforcement and nonmilitary purposes will significantly reduce violent crime, reduce deaths from handguns, and reduce other handgun violence in the United States. Sec. 2. Title 18, United States Code, is amended by inserting immediately after chapter 50 thereof the following new chapter: ``CHAPTER 50A.--HANDGUNS ``Sec. ``1091. Unlawful acts. ``1092. Licensing. ``1093. Penalties. ``1094. Exceptions. ``1095. Voluntary delivery to law enforcement agency; reimbursement. ``1096. Rules and regulations. ``1097. Effect on State law. ``1098. Separability clause. ``1099. Appropriations. ``1100. Definitions. ``Sec. 1091. Unlawful acts ``(a) Except as provided in section 1094 of this chapter and in subsection (b) of this section, it shall be unlawful for any person to import, manufacture, sell, buy, transfer, receive, or transport any handgun. ``(b) The Secretary may, consistent with public safety and necessity, exempt from the operation of subsection (a) of this section such importation, manufacture, sale, purchase, transfer, receipt, or transportation of handguns by importers, manufacturers, or dealers, licensed under chapter 44 of this title, and by pistol clubs licensed under this chapter, as may in his judgment be required for the operation of such pistol clubs or for purposes described in section 1094 of this chapter. ``Sec. 1092. Licensing ``(a) A pistol club desiring to be licensed under this chapter shall file an application for such license with the Secretary. The application shall be in such form and contain such information as the Secretary shall by regulation prescribe. The fee for such license shall be $25 per year. ``(b) Any importer, manufacturer, or dealer desiring to be licensed under this chapter shall apply as provided in chapter 44 of this title. ``(c) Any application submitted under subsection (a) shall be approved if-- ``(1) all members of the pistol club are twenty-one years of age or older; ``(2) no member of the pistol club is prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under section 922 (g) or (h) of this title or under the law of the State in which the club will be located or of the State in which the member is domiciled; ``(3) no member of the pistol club has willfully violated any of the provisions of this chapter or of chapter 44 of this title or any regulations issued thereunder; ``(4) the pistol club has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with his application; and ``(5) the pistol club has premises from which it operates and-- ``(A) maintains possession and control of the handguns used by its members, and ``(B) has procedures and facilities for keeping such handguns in a secure place, under the control of the club's chief officer, at all times when they are not being used for target shooting or other sporting or recreational purposes. ``(d)(1) The Secretary must approve or deny an application for a license within the forty-five-day period beginning on the date it is received. If the Secretary fails to act within such period, the applicant may file an action under section 1361 of title 28 to compel the Secretary to act. If the Secretary approves an applicant's application, such applicant shall be issued a license upon payment of the prescribed fee. ``(2) The Secretary may, after notice and opportunity for hearing, revoke any license issued under this section if the holder of such license has violated any provision of this chapter or of chapter 44 of this title or any rule or regulation prescribed by the Secretary under such chapters. The Secretary's action under this paragraph may be reviewed only as provided in subsection (e) of this section. ``(e)(1) Any person whose application for a license is denied and any holder of a license which is revoked shall receive a written notice from the Secretary stating specifically the grounds upon which the application was denied or upon which the license was revoked. Any notice of revocation of a license shall be given to the holder of such license before the effective date of the revocation. ``(2) If the Secretary denies an application for, or revokes, a license, he shall, upon request by the aggrieved party, promptly hold a hearing to review his denial or revocation. In the case of a revocation of a license, the Secretary shall upon the request of the holder of the license stay the effective date of the revocation. A hearing held under this paragraph shall be held at a location convenient to the aggrieved party. ``(3) If after a hearing held under paragraph (2) the Secretary decides not to reverse his decision to deny an application or revoke a license, the Secretary shall give notice of his decision to the aggrieved party. The aggrieved party may at any time within sixty days after the date notice was given under this paragraph file a petition with the United States District Court for the district in which he resides or has his principal place of business for a judicial review of such denial or revocation. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding. If the court decides that the Secretary was not authorized to deny the application or to revoke the license, the court shall order the Secretary to take such action as may be necessary to comply with the judgment of the court. ``(f) Each licensed pistol club shall maintain such records of receipt, sale, or other disposition, of handguns at such place, for such period, and in such form as the Secretary may by regulations prescribe. Such pistol clubs shall make such records available for inspection at all reasonable times, and shall submit to the Secretary such reports and information with respect to such records and the contents thereof as he shall by regulations prescribe. The Secretary may enter at reasonable times the premises (including places of storage) of any pistol club for the purpose of inspecting or examining (1) any records of documents required to be kept by such pistol club under the provisions of this chapter or chapter 44 of this title and regulations issued under such chapters, and (2) any handguns or ammunition kept or stored by such pistol club at such premises. Upon the request of any State or any political subdivision thereof, the Secretary may make available to such State or any political subdivision thereof any information which he may obtain by reason of the provisions of this chapter with respect to the identification of persons who are members of pistol clubs within such State or political subdivision thereof, together with a description of the handguns included in such pistol club's license. ``(g) Licenses issued under the provisions of subsection (c) of this section shall be kept posted and kept available for inspection on the premises covered by the license. ``Sec. 1093. Penalties ``(a) Whoever violates any provision of this chapter or knowingly makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the records of a pistol club licensed under this chapter, or in applying for any license under the provisions of this chapter, shall be fined not more than $5,000, or imprisoned not more than five years, or both, and shall become eligible for parole as the board of parole shall determine. ``(b) Any handgun involved or used in, or intended to be used in, any violation of the provisions of this chapter or chapter 44 of this title or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, shall be subject to seizure and forfeiture and all provisions of the Internal Revenue Code of 1954 relating to the seizure, forfeiture, and disposition of firearms shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter. ``Sec. 1094. exceptions ``(a) The provisions of this chapter shall not apply with respect to the importation, manufacture, sale, purchase, transfer, receipt, or transportation of any handgun which the Secretary determines is being imported or manufactured for, sold, or transferred to, purchased, received, or transported by, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof. ``(b) The provisions of this chapter shall not apply with respect to the importation, manufacture, sale, purchase, transfer, receipt, or transportation of a handgun which the Secretary determines is unserviceable, not restorable to firing condition, and intended for use as a curio, museum piece, or collectors' item. ``Sec. 1095. Voluntary delivery to law enforcement agency; reimbursement ``(a) A person may at any time deliver to any Federal, State, or local law enforcement agency designated by the Secretary a handgun owned or possessed by such person. The Secretary shall arrange with each agency designated to receive handguns for the transfer, destruction, or other disposition of all handguns delivered under this section. ``(b) Upon proof of lawful acquisition and ownership by a person delivering a handgun to a law enforcement agency under this section, the owner of the handgun shall be entitled to receive from the United States a payment equal to the fair market value of the handgun or $25, whichever is more. The Secretary shall provide for the payment, directly or indirectly, through Federal, State, and local law enforcement agencies, of the amounts to which owners of handguns delivered under this section are entitled. ``(c) The amounts authorized in subsection (b) of this section shall be paid out of the fees collected under section 1092(a) of this chapter to the extent that such fees are sufficient for this purpose. The remainder of amounts authorized in subsection (b) of this section shall be paid out of general revenues. ``Sec. 1096. Rules and regulations ``(a) The Secretary may prescribe such rules and regulations as he deems necessary to carry out the provisions of this chapter, including-- ``(1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed or with a person licensed under chapter 44 of this title, shall provide such other licensed person a certified copy of his license; and ``(2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection. ``(b) The Secretary shall give reasonable public notice, and afford to interested parties opportunity for hearing, prior to prescribing rules and regulations authorized by this section. ``Sec. 1097. Effect on State law ``No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together. ``Sec. 1098. Separability ``If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby. ``Sec. 1099. Appropriations ``There are authorized to be appropriated such sums as are necessary to carry out the purposes of this chapter. ``Sec. 1100. Definitions ``As used in this chapter-- ``(1) The term `person' and the term `whoever' include any individual, corporation, company, association, firm, partnership, club, society, or joint-stock company. ``(2) The term `importer' means any person engaged in the business of importing or bringing handguns into the United States for purposes of sale or distribution; and the term `licensed importer' means any such person licensed under the provisions of chapter 44 of this title. ``(3) The term `manufacturer' means any person engaged in the manufacture or assembly of handguns for the purposes of sale or distribution; and the term `licensed manufacturer' means any such person licensed under the provisions of chapter 44 of this title. ``(4) The term `dealer' means (A) any person engaged in the business of selling handguns at wholesale or retail, (B) any person engaged in the business of repairing handguns or of making or fitting special barrels, or trigger mechanisms to handguns, or (C) any person who is a pawnbroker. The term `licensed dealer' means any dealer who is licensed under the provisions of chapter 44 of this title. ``(5) The term `collector' means any person who acquires, holds, or disposes of handguns as curios, or relics, as the Secretary shall by regulation define, and the term `licensed collector' means any such person licensed under the provisions of chapter 44 of this title. ``(6) The term `Secretary' or `Secretary of the Treasury' means the Secretary of the Treasury or his delegate. ``(7) The term `handgun' means any weapon-- ``(A) designed or redesigned, or made, or remade, and intended to be fired while held in one hand; ``(B) having a barrel less than ten inches in length; and ``(C) designed or redesigned, or made or remade, to use the energy of an explosive to expel a projectile or projectiles through a smooth or rifled bore. ``(8) The term `pistol club' means a club organized for target shooting with handguns or to use handguns for sporting or other recreational purposes and which-- ``(A) maintains possession and control of the handguns used by its members, and ``(B) has procedures and facilities for keeping such handguns in a secure place, under the control of the club's chief officer, at all times when they are not being used for target shooting, sporting, or other recreational purposes. The term `licensed pistol club' means any pistol club which is licensed under this chapter.''. Sec. 3. The enforcement and administration of the amendment made by this Act shall be vested in the Secretary of the Treasury. Sec. 4. Nothing in this Act or the amendment made thereby shall be construed as modifying or affecting any provision of-- (a) the National Firearms Act (chapter 53 of the Internal Revenue Code of 1954); (b) section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934), as amended, relating to munitions control; or (c) section 1715 of title 18, United States Code, relating to nonmailable firearms. Sec. 5. The provisions of this Act shall take effect one year from the date of enactment.", "summary": "Handgun Control Act of 1993 - Amends the Federal criminal code to make it unlawful to import, manufacture, sell, buy, transfer, receive, or transport any handgun. Authorizes the Secretary of the Treasury to exempt from such prohibition such activities involving handguns by licensed importers, manufacturers, or dealers or licensed pistol clubs as required for the operation of such clubs, for the use of Federal or State agencies, or for curio, museum, or collection purposes. Sets forth requirements for the licensing of pistol clubs. Prescribes civil and criminal penalties for violation of licensing and recordkeeping requirements. Authorizes voluntary delivery of handguns to Federal, State, or local law enforcement agencies and provides for compensation to persons who establish proof of lawful acquisition and ownership. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``A Better Chance to Learn Act of 1993''. SEC. 2. PURPOSE. It is the purpose of this Act to encourage and assist local school districts and communities to develop, expand, or operate innovative home-based parent and early childhood education programs in an effort to-- (1) empower parents to be the primary educators of their children; (2) provide children with school-readiness skills; (3) develop positive attitudes toward education on the part of parents and children; and (4) enhance the role of parents in the transition of their children from preschool to kindergarten. SEC. 3. DEFINITIONS. As used in this Act: (1) Community-based organizations.--The term ``community- based organizations'' means private nonprofit organizations that are located within a community and that are not affiliated with any specific religion. (2) Developmentally appropriate.--The term ``developmentally appropriate'' as applied to a home-based program implemented by parents means those activities for the general population of 3- to 5-year-old children that are meaningful to parents and that will result in successful parent-child interactions. (3) Home-based.--The term ``home-based'' means that the program provides parent and early childhood education services in the private residence of the child receiving such services. (4) Limited or unsuccessful formal schooling.--The term ``limited or unsuccessful formal schooling'' means the-- (A) completion of high school with low achievement during enrollment; (B) noncompletion of high school with low achievement during enrollment; or (C) lack of a general education degree. (5) Local educational agencies.--The term ``local educational agencies'' has the meaning given to the term ``local educational agency'' by section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891). (6) Near poor families.--The term ``near poor families'' means families that have an income that is approximately 130 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). (7) Parent education.--The term ``parent education'' includes parent support activities, the provision of resource materials on child development and parent and child learning activities, private and group educational guidance, individual and group learning experiences for the parent and child, and other activities that enable the parent to improve learning in the home. (8) Working poor families.--The term ``working poor families'' means families that-- (A) have family members-- (i) who are working; or (ii) who were looking for work during at least the last 6 months of the year prior to the year in which a grantee determines such families' eligibility for services under this Act; and (B) earn an income not in excess of 150 percent of the poverty line as described in paragraph (5). (9) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. PROGRAM AUTHORIZED. (a) In General.--The Secretary is authorized to award grants to local educational agencies and community-based organizations to pay the Federal share of the cost of the activities described in section 5. (b) Grant Allocations.--The Secretary shall award-- (1) 50 percent of the total grants awarded under this section to applicants that are establishing new home-based parent and early childhood education programs; and (2) 50 percent of the total grants awarded under this section to applicants that are operating or expanding existing home-based parent and early childhood education programs. (c) Priority.--In awarding grants under this section, the Secretary shall give priority to an applicant that describes in an application submitted under section 6 that such applicant's program targets-- (1) working poor families or near poor families that do not qualify for assistance under the early childhood programs under the Head Start Act (42 U.S.C. 9831 et seq.) or chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.); (2) families that qualify for assistance under the Federal programs described in paragraph (1), but that are not served by such programs; or (3) parents who have limited or unsuccessful formal schooling. SEC. 5. AUTHORIZED ACTIVITIES. A grantee may use funds received under this Act for establishing, operating or expanding home-based parent and early childhood education programs. SEC. 6. ELIGIBILITY. To be eligible for a grant under this Act, an entity, as described in section 4(a), shall prepare and submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. SEC. 7. PROGRAM REQUIREMENTS. A grantee under this Act shall conduct a home-based parent and early childhood education program that-- (1) enhances parents' awareness of their strengths and potential as the primary educators of their children; (2) provides support, training and developmentally appropriate educational materials that are necessary for parents to implement a school-readiness, home instruction program for their children; (3) conducts group meetings with parents to provide support activities related to parenting skills and other topics of interest to participating parents; and (4) to the maximum extent possible, provides opportunities for field trips to local sites of educational and cultural benefit. SEC. 8. ELIGIBLE PROGRAM PARTICIPANTS. (a) In General.--To be eligible to participate in a parent and early childhood service program conducted under this Act, an individual shall be a parent with one or more children who are age 3, 4, or 5. (b) Special Rules.-- (1) Participation.--No school system or parents shall be required to participate in programs funded under this Act. (2) Program actions.--A program receiving grant funds under this Act may not take action that infringes on the right of parents to direct the education of their children. SEC. 9. PAYMENTS AND FEDERAL SHARE. (a) Federal Share.--The Federal share described in section 4(a) shall be 80 percent. (b) Non-Federal Share.-- (1) In general.--A grantee under this Act shall make available non-Federal contributions toward the cost of carrying out the program established, operated, or expanded with amounts received under the grant in an amount equal to at least 20 percent of the amount of funds provided under the grant. (2) In kind contributions.--The non-Federal contributions described in paragraph (1) may be in cash or in kind fairly evaluated, including planned equipment or services. SEC. 10. SUPPLEMENT NOT SUPPLANT. Funds appropriated pursuant to the authority of this Act shall be used to supplement and not supplant other local public funds expended to provide services for individuals eligible to participate in a program under this Act. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $20,000,000 for fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995 through 1998.", "summary": "A Better Chance to Learn Act of 1993 - Authorizes the Secretary of Education to award grants to local educational agencies and community-based organizations to pay 80 percent of the cost of home-based parent and early childhood education programs. Allocates one-half of such grants to new programs and one-half to existing programs. Gives priority to programs that target: (1) early childhood program assistance under the Head Start Act or chapter 1 of title I of the Elementary and Secondary Education Act of 1965; (2) families that qualify for such assistance, but are not served by such programs; or (3) parents who have limited or unsuccessful formal schooling. Makes an individual eligible to participate if he or she is a parent with one or more children age three, four, or five. Sets forth application and other program requirements. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``NAFTA Worker Adjustment Assistance Act''. (b) Reference.--Whenever in this Act an amendment is expressed in terms of an amendment to a section, subsection, or other provision, the reference shall be considered to be made to a section, subsection, or other provision of the Trade Act of 1974. SEC. 2. ELIGIBILITY OF WORKERS AFFECTED BY NORTH AMERICAN FREE TRADE AGREEMENT. (a) Adjustment Assistance for Workers.-- (1) In general.--Section 222 (19 U.S.C. 2272) is amended by adding at the end thereof the following new subsection: ``(c) Special Rule for Workers Affected by North American Free Trade Agreement.-- ``(1) In the case of a group of workers affected by the North American Free Trade Agreement (including workers in any agricultural firm or subdivision thereof), the Secretary shall certify such group as eligible for adjustment assistance under this chapter, if-- ``(A) the Secretary makes the determination under paragraphs (1) and (2) of subsection (a), and ``(B) the Secretary determines that-- ``(i) increases of imports of articles like or directly competitive with articles which are produced by such workers' firm or appropriate subdivision thereof, contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales, ``(ii) the North American Free Trade Agreement contributed importantly to a shift in production to Mexico of articles like or directly competitive with articles which are produced by such workers' firm or appropriate subdivision thereof, or ``(iii) the group of workers is employed in the manufacture of motor vehicles in the United States. ``(2) For purposes of this subsection, the term `North American Free Trade Agreement' means an agreement between the United States and Mexico (without regard to whether Canada is a party to all or part of such agreement) which provides for the establishment of a free trade area between the two nations through the reduction and elimination of barriers to trade.''. (2) Conforming amendment.--Subsection (b) of section 222 (19 U.S.C. 2272(b)) is amended by inserting ``and subsection (c)'' after ``subsection (a)(3)''. (b) Determinations by Secretary of Labor.--Section 223 (19 U.S.C. 2273) is amended by striking ``(a)'' and inserting ``(a)(1)'', and by adding at the end of subsection (a) the following new paragraph: ``(2) As soon as possible after the date a notice is received under section 239(a)(5), but in no event later than 10 working days after that date, the Secretary shall determine if-- ``(A) the group of workers is described in section 222(c)(1)(B)(iii), or ``(B)(i) there has been a shift in production to Mexico of articles like or directly competitive with articles which are produced by such workers' firm or appropriate subdivision thereof, and ``(ii) the North American Free Trade Agreement contributed importantly to such shift, and shall issue a certification of eligibility to apply for assistance under this chapter covering workers in any group with respect to which such determination has been made.''. (c) Effective Date.--The amendments made by this section shall take effect on the day a bill implementing the North American Free Trade Agreement is enacted into law and shall terminate on the date on which such Agreement is fully phased in. SEC. 3. AMENDMENTS TO TITLE II OF THE TRADE ACT OF 1974. (a) Reemployment Services.--Section 235 (19 U.S.C. 2295) is amended to read as follows: ``SEC. 235. EMPLOYMENT SERVICES. ``(a) In General.--The Secretary shall ensure that adversely affected workers covered by a certification under subchapter A of this chapter are provided early and effective reemployment assistance. Such assistance should include-- ``(1) counseling, ``(2) testing, ``(3) labor market information, ``(4) job development, ``(5) job search and placement services, and ``(6) other supportive services provided for under any other Federal law, including services provided by a State pursuant to title III of the Job Training Partnership Act. ``(b) Agreements With States.--The Secretary shall, whenever appropriate, procure the services described in subsection (a) by entering into agreements with States, and shall make available to States such funds as may be necessary to provide such services.''. (b) Training.-- (1) In general.--Section 236(a)(2)(A) of such Act (19 U.S.C. 2296(a)(2)(A)) is amended by striking ``$80,000,000'' and inserting ``$120,000,000''. (2) Effective date.--The amendment made by paragraph (1) shall apply to the first fiscal year after the fiscal year in which the United States enters into the North American Free Trade Agreement, and to each fiscal year thereafter. (c) Agreements With States.-- (1) Section 239(a) (19 U.S.C. 2311(a)) is amended-- (A) by striking ``and (4)'' and inserting ``(4)'', and (B) by striking the period at the end thereof and inserting ``, and (5) will notify the Employment and Training Administration of any notice received under the Worker Adjustment and Retraining Notification Act within 5 working days after receiving such notice.''. (2) Section 239 (19 U.S.C. 2311) is amended by adding at the end thereof the following new subsection: ``(g) Reporting.-- ``(1) Any agreement entered into under this section shall provide for the establishment of a standardized system for reporting the operation and effectiveness of the State program during the preceding year. ``(2) Reports under this subsection shall be submitted by the States to the Secretary on an annual basis.''. SEC. 4. FUNDING FOR NAFTA WORKER ADJUSTMENT ASSISTANCE. (a) Temporary Imposition of De Minimus Worker Adjustment Fee.--The President shall make a determination of the amount necessary to fund worker assistance programs under chapter 2 of title II of the Trade Act of 1974 for workers described in section 222(c) of such Act and shall negotiate an agreement as part of the supplemental agreements to the North American Free Trade Agreement for the imposition by the United States of a de minimus uniform fee on all articles imported into the United States from Mexico. Such fee shall-- (1) be used to fund programs which assist United States workers experiencing dislocation as a result of the implementation and operation of the North American Free Trade Agreement, (2) take effect on the date that is 30 days after the date a bill implementing the North American Free Trade Agreement is enacted into law, and (3) expire on the date which is 30 days after the date on which such Agreement is fully phased in. (b) Part of Revenues To Fund Trade Adjustment Assistance.--If the President is unable to negotiate the imposition of a de minimus uniform fee pursuant to subsection (a), the President shall determine the amount necessary to fund the programs described in such subsection and shall designate a portion of the tariffs imposed on articles imported from Mexico sufficient to fund such programs. Such amount shall be transferred to the Trade Adjustment Assistance Trust Fund (established under section 286 of the Trade Act of 1974). In negotiating the elimination of tariffs under the North American Free Trade Agreement, the President shall assure revenues from such tariffs are adequate to provide assistance to United States workers who are dislocated as a result of such Agreement. (c) Special Safeguard Provisions.--Any increase in duties under any special safeguard provision in the North American Free Trade Agreement, which are imposed to remedy injury to United States industries resulting from increased imports, shall be transferred to the Trade Adjustment Assistance Trust Fund. SEC. 5. CONFORMING AMENDMENTS TO TRADE ADJUSTMENT ASSISTANCE TRUST FUND. (a) In General.--Section 286(b)(1) of the Trade Act of 1974 (19 U.S.C. 2396(b)(1)) is amended by striking ``the duty imposed by section 287'' and inserting ``any fees imposed or duties collected pursuant to section 4 of the NAFTA Worker Adjustment Assistance Act.''. (b) Availability of Amounts in Trust Fund; Authorization.-- Subsections (d) and (e) of section 286 (19 U.S.C. 2396) are amended to read as follows: ``(d) Availability of Amounts in Treasury.-- ``(1) Amounts in the Trust Fund shall be available as provided in appropriation Acts for expenditures that are required to carry out the provisions of chapter 2 with respect to workers described in section 222(c) (including administrative costs) and for payments required under subsection (e)(2). ``(2)(A) If the total amount of funds expended in any fiscal year to carry out chapter 2 with respect to such workers (including administrative costs) exceeds the amount collected under section 4 of the NAFTA Worker Adjustment Assistance Act during the preceding 1-year period, the Secretary of Labor and the Secretary of Commerce (in consultation with the Secretary of the Treasury) shall make a pro rata reduction in the amount of trade adjustment allowances that are paid under sections 231 through 234 to such workers. ``(B) The reduction shall be-- ``(i) based on estimates of the amount of funds that will be necessary to carry out chapter 2 and the amount of revenue that will be raised by section 4 of the NAFTA Worker Adjustment Assistance Act during the remainder of such fiscal year and the succeeding fiscal year, ``(ii) made in a manner that ensures that all workers eligible for assistance under section 222(c) receive some assistance under such chapter 2, and ``(iii) made in a manner that ensures that the expenditures for such assistance during the remainder of the fiscal year and the succeeding fiscal year do not exceed the amount of funds available in the Trust Fund. ``(C) No reduction may be made under this paragraph in the amount of trade readjustment allowance payable under sections 231 through 234 to a worker who-- ``(i) is described in section 222(c), and ``(ii) received a trade readjustment allowance under sections 231 through 234 for the week preceding the first week for which a reduction is otherwise being made under this paragraph. ``(D) If a pro rata reduction is in effect at the close of a fiscal year, the Secretary of Labor and the Secretary of Commerce, in consultation with the Secretary of the Treasury, may adjust or modify such reduction at the beginning of the fiscal year succeeding such fiscal year, based on estimates of the amount of funds that will be necessary to carry out chapter 2 with respect to workers described in section 222(c), and of the amount of revenue that will be raised by section 4 of the NAFTA Worker Adjustment Assistance Act during the succeeding fiscal year. ``(E) Any pro rata reduction made under subparagraph (A), and any pro rata reduction which is adjusted or modified under subparagraph (D), shall cease to apply after the week in which-- ``(i) a 1-year period ends during which the total amount of funds that would have been expended to carry out chapter 2 with respect to workers described in section 222(c) (including administrative costs), if such reduction were not in effect, did not exceed an amount equal to the total amount collected under section 4 of the NAFTA Worker Adjustment Assistance Act during such 1-year period, or ``(ii) the Secretary of Labor and the Secretary of Commerce, in consultation with the Secretary of the Treasury, determine that the amount of funds available in the Trust Fund are sufficient to carry out chapter 2 with respect to workers described in section 222(c) without such reduction. ``(e) Authorization of Appropriations; Repayable Advances.-- ``(1)(A) There are authorized to be appropriated to the Trust Fund, as repayable advances, such sums as may from time to time be necessary to make the expenditures described in subsection (d)(1). ``(B) Any advance appropriated to the Trust Fund under subparagraph (A) may be paid to the Trust Fund only to the extent that the total amount of advances paid during the fiscal year to the Trust Fund from any appropriation authorized under subparagraph (A) that are outstanding after such advance is paid to the Trust Fund does not exceed the lesser of-- ``(i) the excess of-- ``(I) the total amount of funds that the Secretary of the Treasury (in consultation with the Secretary of Labor and the Secretary of Commerce) estimates will be necessary for the payments and expenditures described in subsection (d)(1) for such fiscal year, over ``(II) the total amount of funds that the Secretary of the Treasury estimates will be available in the Trust Fund during the fiscal year (determined without regard to any advances made under this subsection during such fiscal year), or ``(ii) the excess of-- ``(I) an amount equal to the total amount the Secretary of the Treasury estimates will be collected under section 4 of the NAFTA Worker Adjustment Assistance Act during such fiscal year, over ``(II) the amount described in clause (i)(II). ``(2) Advances made to the Trust Fund from appropriations authorized under paragraph (1)(A) shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury of the United States when the Secretary of the Treasury determines that sufficient funds are available in the Trust Fund for such purposes. ``(3) Interest on advances made from appropriations authorized under paragraph (1)(A) shall be at a rate determined by the Secretary of the Treasury (as of the close of the calendar month preceding the month in which the advance is made) to be equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the anticipated period during which the advance will be outstanding.''. (c) Effective Date.--Section 1430(c) of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2397 note) is amended by striking ``the first date'' and all that follows through the end period and inserting ``the day on which a bill implementing the North American Free Trade Agreement is enacted into law.''. SEC. 6. EXTENSION OF SUNSET. Subsection (b) of section 285 (19 U.S.C. 2271, preceding note) is amended by striking ``no duty shall be imposed under section 287, after September 30, 1993'' and inserting ``no fee shall be imposed under section 4 of the NAFTA Worker Adjustment Assistance Act after September 30, 1998''.", "summary": "NAFTA Worker Adjustment Assistance Act - Amends the Trade Act of 1974 to provide trade adjustment assistance to workers adversely affected by the North American Free Trade Agreement (NAFTA) between the United States and Mexico. Makes such workers eligible for assistance if the Secretary of Labor determines that: (1) increases of imports like or directly competitive with imports produced by such workers' firm contributed importantly to a separation and decline in sales; (2) NAFTA contributed importantly to a shift in U.S. production in Mexico; or (3) the workers are employed in the manufacture of motor vehicles in the United States. Makes such assistance available during the phase-in period of the Agreement. Revises provisions under the trade adjustment assistance program concerning reemployment assistance to include labor market information, job development, and job search and placement services. Makes funds available to States to provide such services. Increases the funds available for training under such program. Requires the establishment of a standardized reporting system to determine the effectiveness of State-run programs. Directs the President to negotiate an agreement for the temporary imposition of a de minimis uniform fee on all articles imported into the United States from Mexico to fund trade adjustment assistance programs needed as a result of NAFTA. Requires, if the President is unable to negotiate such an agreement, that a certain portion of tariffs imposed on Mexican imports be used to fund such programs. Transfers any increase in duties to the Trade Adjustment Assistance Trust Fund. Authorizes appropriations to such Fund as necessary."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Essential Access Community Hospital (EACH) Amendments of 1993''. SEC. 2. ESSENTIAL ACCESS COMMUNITY HOSPITAL (EACH) AMENDMENTS. (a) Increasing Number of Participating States.--Section 1820(a)(1) (42 U.S.C. 1395i-4(a)(1)) is amended by striking ``7'' and inserting ``9''. (b) Treatment of Inpatient Hospital Services Provided in Rural Primary Care Hospitals.-- (1) In general.--Section 1820(f)(1)(F) (42 U.S.C. 1395i- 4(f)(1)(F)) is amended to read as follows: ``(F) subject to paragraph (4), provides not more than 6 inpatient beds (meeting such conditions as the Secretary may establish) for providing inpatient care to patients requiring stabilization before discharge or transfer to a hospital, except that the facility may not provide any inpatient hospital services-- ``(i) to any patient whose attending physician does not certify that the patient may reasonably be expected to be discharged or transferred to a hospital within 72 hours of admission to the facility; or ``(ii) consisting of surgery or any other service requiring the use of general anesthesia (other than surgical procedures specified by the Secretary under section 1833(i)(1)(A)), unless the attending physician certifies that the risk associated with transferring the patient to a hospital for such services outweighs the benefits of transferring the patient to a hospital for such services.''. (2) Limitation on average length of stay.--Section 1820(f) (42 U.S.C. 1395i-4(f)) is amended by adding at the end the following new paragraph: ``(4) Limitation on average length of inpatient stays.--The Secretary may terminate a designation of a rural primary care hospital under paragraph (1) if the Secretary finds that the average length of stay for inpatients at the facility during the previous year in which the designation was in effect exceeded 72 hours. In determining the compliance of a facility with the requirement of the previous sentence, there shall not be taken into account periods of duty of inpatients in excess of 72 hours to the extent such periods exceed 72 hours because transfer to a hospital is precluded because of inclement weather or other emergency conditions.''. (3) Conforming amendment.--Section 1814(a)(8) (42 U.S.C. 1395f(a)(8)) is amended by striking ``such services'' and all that follows and inserting ``the individual may reasonably be expected to be discharged or transferred to a hospital within 72 hours after admission to the rural primary care hospital.''. (4) GAO reports.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit reports to Congress on-- (A) the application of the requirements under section 1820(f) of the Social Security Act (as amended by this subsection) that rural primary care hospitals provide inpatient care only to those individuals whose attending physicians certify may reasonably be expected to be discharged within 72 hours after admission and maintain an average length of inpatient stay during a year that does not exceed 72 hours; and (B) the extent to which such requirements have resulted in such hospitals providing inpatient care beyond their capabilities or have limited the ability of such hospitals to provide needed services. (c) Designation of Hospitals.-- (1) Permitting designation of hospitals located in urban areas.-- (A) In general.--Section 1820 (42 U.S.C. 1395i-4) is amended-- (i) by striking paragraph (1) of subsection (e) and redesignating paragraphs (2) through (6) as paragraphs (1) through (5); and (ii) in subsection (e)(1)(A) (as redesignated by subparagraph (A))-- (I) by striking ``is located'' and inserting ``except in the case of a hospital located in an urban area, is located'', (II) by striking ``, (ii)'' and inserting ``or (ii)'', (III) by striking ``or (iii)'' and all that follows through ``section,'', and (IV) in subsection (i)(1)(B), by striking ``paragraph (3)'' and inserting ``paragraph (2)''. (B) No change in medicare prospective payment.-- Section 1886(d)(5)(D) (42 U.S.C. 1395ww(d)(5)(D)) is amended-- (i) in clause (iii)(III), by inserting ``located in a rural area and'' after ``that is'', and (ii) in clause (v), by inserting ``located in a rural area and'' after ``in the case of a hospital''. (2) Permitting hospitals located in adjoining states to participate in state program.-- (A) In general.--Section 1820 (42 U.S.C. 1395i-4) is amended-- (i) by redesignating subsection (k) as subsection (l); and (ii) by inserting after subsection (j) the following new subsection: ``(k) Eligibility of Hospitals Not Located in Participating States.--Notwithstanding any other provision of this section-- ``(1) for purposes of including a hospital or facility as a member institution of a rural health network, a State may designate a hospital or facility that is not located in the State as an essential access community hospital or a rural primary care hospital if the hospital or facility is located in an adjoining State and is otherwise eligible for designation as such a hospital; ``(2) the Secretary may designate a hospital or facility that is not located in a State receiving a grant under subsection (a)(1) as an essential access community hospital or a rural primary care hospital if the hospital or facility is a member institution of a rural health network of a State receiving a grant under such subsection; and ``(3) a hospital or facility designated pursuant to this subsection shall be eligible to receive a grant under subsection (a)(2).''. (B) Conforming amendments.--(i) Section 1820(c)(1) (42 U.S.C. 1395i-4(c)(1)) is amended by striking ``paragraph (3)'' and inserting ``paragraph (3) or subsection (k)''. (ii) Paragraphs (1)(A) and (2)(A) of section 1820(i) (42 U.S.C. 1395i-4(i)) are each amended-- (I) in clause (i), by striking ``(a)(1)'' and inserting ``(a)(1) (except as provided in subsection (k))'', and (II) in clause (ii), by striking ``subparagraph (B)'' and inserting ``subparagraph (B) or subsection (k)''. (d) Skilled Nursing Services in Rural Primary Care Hospitals.-- Section 1820(f)(3) (42 U.S.C. 1395i-4(f)(3)) is amended by striking ``because the facility'' and all that follows and inserting the following: ``because, at the time the facility applies to the State for designation as a rural primary care hospital, there is in effect an agreement between the facility and the Secretary under section 1883 under which the facility's inpatient hospital facilities are used for the furnishing of extended care services, except that the number of beds used for the furnishing of such services may not exceed the total number of licensed inpatient beds at the time the facility applies to the State for such designation (minus the number of inpatient beds used for providing inpatient care pursuant to paragraph (1)(F)). For purposes of the previous sentence, the number of beds of the facility used for the furnishing of extended care services shall not include any beds of a unit of the facility that is licensed as a distinct-part skilled nursing facility at the time the facility applies to the State for designation as a rural primary care hospital.''. (e) Payment for Outpatient Rural Primary Care Hospital Services.-- Section 1834(g)(1) (42 U.S.C. 1395m(g)(1)) is amended by adding at the end the following: ``The amount of payment shall be determined under either method without regard to the amount of the customary or other charge.''. (f) Clarification of Physician Staffing Requirement for Rural Primary Care Hospitals.--Section 1820(f)(1)(H) (42 U.S.C. 1395i- 4(f)(1)(H)) is amended by striking the period and inserting the following: ``, except that in determining whether a facility meets the requirements of this subparagraph, subparagraphs (E) and (F) of that paragraph shall be applied as if any reference to a `physician' is a reference to a physician as defined in section 1861(r)(1).''. (g) Technical Amendments Relating to Part A Deductible, Coinsurance, and Spell of Illness.--(1) Section 1812(a)(1) (42 U.S.C. 1395d(a)(1)) is amended-- (A) by striking ``inpatient hospital services'' the first place it appears and inserting ``inpatient hospital services or inpatient rural primary care hospital services''; (B) by striking ``inpatient hospital services'' the second place it appears and inserting ``such services''; and (C) by striking ``and inpatient rural primary care hospital services''. (2) Sections 1813(a) and 1813(b)(3)(A) (42 U.S.C. 1395e(a), 1395e(b)(3)(A)) are each amended by striking ``inpatient hospital services'' each place it appears and inserting ``inpatient hospital services or inpatient rural primary care hospital services''. (3) Section 1813(b)(3)(B) (42 U.S.C. 1395e(b)(3)(B)) is amended by striking ``inpatient hospital services'' and inserting ``inpatient hospital services, inpatient rural primary care hospital services''. (4) Section 1861(a) (42 U.S.C. 1395x(a)) is amended-- (A) in paragraph (1), by striking ``inpatient hospital services'' and inserting ``inpatient hospital services, inpatient rural primary care hospital services''; and (B) in paragraph (2), by striking ``hospital'' and inserting ``hospital or rural primary care hospital''. (h) Authorization of Appropriations.--Section 1820(k) (42 U.S.C. 1395i-4(k)) is amended by striking ``1990, 1991, and 1992'' and inserting ``1990 through 1995''. (i) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.", "summary": "Essential Access Community Hospital (EACH) Amendments of 1993 - Amends title XVIII (Medicare) of the Social Security Act to make miscellaneous and technical changes with respect to Medicare's Essential Access Community Hospital Program and other Medicare provisions, including those relating to Medicare part A (Hospital Insurance) deductibles and co-payments. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Sexual Trauma Treatment Act''. SEC. 2. COUNSELING AND TREATMENT FOR VETERANS WHO HAVE EXPERIENCED SEXUAL TRAUMA. (a) Duration of Program.--Section 1720D of title 38, United States Code, is amended in subsection (a)-- (1) in paragraph (1), by striking ``During the period through December 31, 2001, the'' and inserting ``The''; (2) in paragraph (2), by striking ``During the period referred to in paragraph (1), the'' and inserting ``The''; and (3) in paragraph (3), by striking ``, during the period through December 31, 2001,''. (b) Mandatory Nature of Program.--Subsection (a) of such section is further amended in paragraphs (1) and (2) by striking ``may'' and inserting ``shall''. (c) Provision of Treatment for Sexual Trauma.--Such subsection is further amended in paragraphs (1) and (3) by inserting ``and treatment'' after ``counseling'' each place it appears. (d) Determinations To Be Made by Mental Health Professionals.--Such subsection is further amended in paragraph (1) by striking ``the Secretary determines'' and inserting ``a mental health professional employed by the Department determines''. (e) Outreach Efforts.--Subsection (c) of such section is amended-- (1) by inserting ``and treatment'' in the first sentence and in paragraph (2) after ``counseling''; (2) by striking ``and'' at the end of paragraph (1); (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following new paragraph (2): ``(2) shall ensure that information about the counseling and treatment available to veterans under this section (which information shall be revised and updated not less often than every two years)-- ``(A) is made available and visibly posted at each facility of the Department; and ``(B) is advertised through public service announcements, pamphlets, billboards, and other appropriate means of communication; and''. (f) Persons Eligible for Counseling and Treatment.--Such section is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): ``(d)(1) A veteran shall be eligible for counseling and treatment under this section without regard to the provisions of section 5303A of this title. ``(2) An individual who is a member of a reserve component shall be eligible for counseling and treatment under this section in the same manner as a veteran and without regard to the provisions of section 5303A of this title. ``(3) An individual who is a former member of a reserve component (but who is not a veteran within the meaning of section 101 of this title) and who was discharged or released from service as a member of a reserve component under conditions other than dishonorable shall be eligible for counseling and treatment under this section in the same manner as a veteran and without regard to the provisions of section 5303A of this title.''. (g) Oversight of Outreach Activities.--Not later than four months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete the design and updating of public service announcements, pamphlets, billboards, and other appropriate means of communication as required for implementation of paragraph (2) of section 1720D(c) of title 38, United States Code, as added by subsection (e)(3). Not later than six months after that date, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives examples of the documents and other means of communication developed for compliance with that paragraph. (h) Report on Implementation of Sexual Trauma Treatment Program.-- Not later than 14 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the use made of the authority provided under section 1720D of title 38, United States Code, as amended by this section. The report shall include the following with respect to activities under such section 1720D since the enactment of such section 1720D: (1) The number of persons who have sought counseling under such section 1720D. (2) The number of veterans who have received counseling under such section. (3) The number of veterans who have been referred to non- Department mental health facilities and providers in connection with sexual trauma counseling and treatment. (4) The number of veterans who have been determined by the Secretary to have a service-connected disease or disability resulting from sexual trauma. SEC. 3. REPORT ON EFFORTS TO PROVIDE VETERANS WITH INFORMATION CONCERNING SEXUAL TRAUMA COUNSELING AND TREATMENT SERVICES. (a) Report Required.--Not later than 14 months after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall submit to the congressional committees specified in subsection (b) a joint report describing in detail the collaborative efforts of the Department of Veterans Affairs and the Department of Defense to ensure that members of the Armed Forces, upon separation from active military, naval, or air service, are provided appropriate and current information about programs of the Department of Veterans Affairs to provide counseling and treatment for sexual trauma that may have been experienced by those members while in the active military, naval, or air service, including information about eligibility requirements for, and procedures for applying for, such counseling and treatment. The report shall include proposed recommendations from both the Secretary of Veterans Affairs and the Secretary of Defense for the improvement of their collaborative efforts to provide such information. (b) Specified Committees.--The committees referred to in subsection (a) are the following: (1) The Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives. (2) The Committee on Veterans' Affairs and the Committee on Armed Services of the Senate.", "summary": "Veterans Sexual Trauma Treatment Act - Makes permanent a program to require the Secretary of Veterans Affairs to provide counseling to veterans to overcome psychological trauma which resulted from a physical assault or battery of a sexual nature, or from sexual harassment, which occurred during active miliary service (under current law the program authorizing such counseling expires in 2001). Allows such program to include appropriate treatment. Requires a Department of Veterans Affairs mental health professional (currently, the Secretary) to determine when such counseling and treatment is necessary. Requires the dissemination of information concerning the availability of such services to affected veterans. Includes as eligible for such care and services certain current and former reserve personnel. Directs the Secretary to: (1) complete the design and updating of public service announcements and other appropriate means of communication concerning the availability of such services and to submit to the congressional veterans' committees examples of such communications; and (2) report to such committees on program implementation. Requires the Secretary and the Secretary of Defense to report jointly to the congressional veterans' and defense committees describing their collaborative efforts to ensure that military personnel are informed upon their separation from service about sexual trauma counseling and treatment programs available through the Department."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Accountability for Nuclear Waste Storage Act of 2007''. SEC. 2. DRY CASK STORAGE OF SPENT NUCLEAR FUEL. (a) In General.--Title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121 et seq.) is amended by adding at the end the following: ``Subtitle I--Dry Cask Storage of Spent Nuclear Fuel ``SEC. 185. DRY CASK STORAGE OF SPENT NUCLEAR FUEL. ``(a) Definitions.--In this section: ``(1) Contractor.--The term `contractor' means a person that holds a contract under section 302(a) and is licensed by the Commission to possess spent nuclear power reactor fuel. ``(2) Spent nuclear fuel dry cask.--The term `spent nuclear fuel dry cask' means the container (and all the components and systems associated with the container)-- ``(A) in which spent nuclear fuel is stored and naturally cooled at an independent spent fuel storage installation that is licensed by the Commission and located at the power reactor site; and ``(B) with a design that is approved by the Commission by license or rule. ``(3) Spent nuclear fuel pool.--The term `spent nuclear fuel pool' means a water-filled container on a nuclear power reactor site in which spent nuclear fuel rods are stored. ``(b) Transfer of Spent Nuclear Fuel.-- ``(1) In general.--A contractor shall transfer spent nuclear fuel from spent nuclear fuel pools to spent nuclear fuel dry casks at an independent spent fuel storage installation that is licensed by the Commission and located at the power reactor site in accordance with this section. ``(2) Spent nuclear fuel stored as of date of enactment.-- Not later than 6 years after the date of enactment of this section, a contractor shall complete the transfer of all spent nuclear fuel that is stored in spent nuclear fuel pools as of the date of enactment of this section. ``(3) Spent nuclear fuel stored after date of enactment.-- Not later than 6 years after the date on which spent nuclear fuel is discharged from a reactor, a contractor shall complete the transfer of any spent nuclear fuel that is stored in a spent nuclear fuel pool after the date of enactment of this section. ``(4) Inadequate funds or availability.--If funds are not available to complete a transfer under paragraph (2) or (3), or if spent nuclear fuel dry casks suitable for the particular fuel are not available on reasonable terms and conditions, the contractor may apply to the Commission to extend the deadline for the transfer to be completed. ``(5) Commission licensing.-- ``(A) In general.--The transfer under paragraph (2) or (3) shall be to spent nuclear fuel dry casks generally licensed by the Commission. ``(B) Generally licensed spent nuclear fuel dry casks unavailable.--If generally licensed spent nuclear fuel dry casks described in subparagraph (A) are not available, the deadlines established in paragraphs (2) and (3) may be met by the good faith filing of an application to the Commission for a specific independent spent fuel storage installation license. ``(C) Expedited review.--The Commission shall expedite the review and decision of the Commission on an application received under subparagraph (B) in a manner that is consistent with public health and safety, common defense and security, and the right of an interested person to a hearing under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). ``(c) Funding.--The Secretary shall make grants to compensate a contractor for expenses incurred in carrying out subsection (b), including costs associated with-- ``(1) licensing and construction of an independent spent fuel storage installation located at the power reactor site; ``(2) fabrication and delivery of spent nuclear fuel dry casks; ``(3) transfers of spent nuclear fuel; ``(4) documentation relating to the transfers; ``(5) security; and ``(6) hardening and other safety or security improvements. ``(d) Conveyance of Title.-- ``(1) Certification and conveyance of title.-- ``(A) Certification.--The Commission shall certify to the Secretary when safe and secure transfer of spent nuclear fuel has been carried out under paragraph (2) or (3) of subsection (b). ``(B) Acceptance of title.--On receipt of the certification, the Secretary shall accept the conveyance of title to the spent nuclear fuel dry cask (including the contents of the spent nuclear fuel dry cask) from the contractor. ``(2) Responsibility.-- ``(A) In general.--A conveyance of title under paragraph (1)(B) shall confer on the Secretary full responsibility (including safety, security, and financial responsibility) for the subsequent possession, stewardship, maintenance, monitoring, and ultimate disposition of all spent nuclear fuel transferred to the Secretary. ``(B) Licenses.--On conveyance of title-- ``(i) the general or specific Commission license held by the contractor for the spent nuclear fuel dry cask shall be terminated; and ``(ii) a general license for the spent nuclear fuel dry cask under sections 53 and 81 of the Atomic Energy Act of 1954 (42 U.S.C. 2073, 2111) shall be issued to the Secretary. ``(C) Regulations.--Not later than 5 years after the date of enactment of this section, the Commission shall promulgate regulations that establish the terms and conditions for licenses described in subparagraph (B)(ii). ``(e) Administration.-- ``(1) In general.--Not later than 5 years after the date of enactment of this section, the Secretary shall establish the capability to carry out subsection (d)(2) in a manner that protects the public health and safety and common defense and security, and complies with all applicable laws. ``(2) Contracts with licensees.-- ``(A) In general.--Subject to subparagraph (B), the Secretary may contract with a holder of the operating license issued by the Commission for 1 or more of the power reactors located on or adjacent to the spent nuclear fuel dry cask for the performance of all or part of the tasks required to carry out subsection (d)(2). ``(B) Effect of contract.--A contract described in subparagraph (A) shall not relieve the Secretary of the ultimate responsibility of the Secretary under subsection (d)(2) and as a licensee of the Commission.''. (b) Use of Waste Fund.--Section 302(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) the costs incurred in carrying out subsections (c) and (e) of section 185.''.", "summary": "Federal Accountability for Nuclear Waste Storage Act of 2007 - Amends the Nuclear Waste Policy Act of 1982 to require commercial nuclear power plant operators to transfer, within six years after enactment of this Act, spent nuclear fuel from spent nuclear fuel pools into spent nuclear fuel dry casks at an independent spent fuel storage facility generally licensed by the Nuclear Regulatory Commission (NRC) and located at the power reactor site. Directs the Secretary of Energy to: (1) make grants to compensate a contractor for expenses incurred in carrying out such transfer; and (2) accept conveyance of title to a spent nuclear fuel dry cask (including its contents) from the contractor following certification of compliance by the NRC. States that conveyance of title confers upon the Secretary full responsibility for the possession, stewardship, maintenance, monitoring, and ultimate disposition of all transferred spent nuclear fuel. Authorizes the Secretary to contract with the holder of an NRC operating license for power reactors located on or adjacent to the spent nuclear fuel dry cask for the performance of such tasks."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Protection Act of 1995''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares that-- (1) the willingness of volunteers to offer their services is deterred by potential for liability actions against them and the organizations they serve; (2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely affected by the withdrawal of volunteers from boards of directors and service in other capacities; (3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating; and (4) because Federal funds are expended on useful and cost- effective social service programs, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public-private partnerships, protection of volunteerism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal legislation. (b) Purpose.--The purpose of this Act is to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit organizations, and governmental entities that depend on volunteer contributions by reforming the laws to provide protection from personal financial liability to volunteers serving nonprofit organizations and governmental entities for actions undertaken in good faith on behalf of such organizations. SEC. 3. PREEMPTION. This Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional incentives or protections to volunteers, or category of volunteers. SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS. (a) Liability Protection for Volunteers.--Except as provided in subsections (b) and (d), no volunteer of a nonprofit organization or governmental entity shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if-- (1) the volunteer was acting within the scope of his or her responsibilities in the nonprofit organization or governmental entity at the time of the act or omission; (2) if appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State undertaken within the scope of his or her responsibilities in the nonprofit organization or governmental entity; and (3) the harm was not caused by willful and wanton misconduct by the volunteer. (b) Concerning Responsibility of Volunteers With Respect to Organizations.--Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. (c) No Effect on Liability of Organization.--Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person. (d) Exceptions to Volunteer Liability Protection.--If the laws of a State limit volunteer liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this Act: (1) A State law that requires the organization or entity to adhere to risk management procedures, including mandatory training of volunteers. (2) A State law that makes the organization or entity liable for the acts or omissions of its volunteers to the same extent as an employer is liable for the acts or omissions of its employees. (3) A State law that the limitation of liability does not apply if the volunteer was operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or vehicle owner to possess an operator's license or to maintain insurance. (4) A State law that the limitation of liability does not apply if the civil action was brought by an officer of a State or local government pursuant to State or local law. (5) A State law that the limitation of liability shall apply only if the nonprofit organization or governmental entity provides a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``economic losses'' means objectively verifiable monetary losses, including past and future medical expenses, loss of past and future earnings, cost of obtaining replacement services in the home (including child care, transportation, food preparation, and household care), cost of making reasonable accommodations to a personal residence, loss of employment, and loss of business or employment opportunities; (2) the term ``harm'' includes physical, nonphysical, economic, and noneconomic losses; (3) the term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature; (4) the term ``nonprofit organization'' means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (5) the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession; and (6) the term ``volunteer'' means an individual performing services for a nonprofit organization or a governmental entity who does not receive-- (A) compensation (other than reimbursement or allowance for expenses actually incurred); or (B) any other thing of value in lieu of compensation, in excess of $300 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer. SEC. 6. EFFECTIVE DATE. This Act applies to any claim for harm caused by an act or omission of a volunteer filed on or after the date of enactment of this Act, without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such date of enactment.", "summary": "Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity."}
{"article": "SECTION 1. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Conservation area.--The term ``Conservation Area'' means the Las Cienegas National Conservation Area established by section 4(a). (2) Acquisition planning district.--The term ``Acquisition Planning District'' means the Sonoita Valley Acquisition Planning District established by section 2(a). (3) Management plan.--The term ``management plan'' means the management plan for the Conservation Area. (4) Public lands.--The term ``public lands'' has the meaning given the term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)), except that such term shall not include interest in lands not owned by the United States. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. ESTABLISHMENT OF THE SONOITA VALLEY ACQUISITION PLANNING DISTRICT. (a) In General.--In order to provide for future acquisitions of important conservation land within the Sonoita Valley region of the State of Arizona, there is hereby established the Sonoita Valley Acquisition Planning District. (b) Areas Included.--The Acquisition Planning District shall consist of approximately 142,800 acres of land in the Arizona counties of Pima and Santa Cruz, including the Conservation Area, as generally depicted on the map entitled ``Sonoita Valley Acquisition Planning District and Las Cienegas National Conservation Area'' and dated October 2, 2000. (c) Map and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Acquisition Planning District. In case of a conflict between the map referred to in subsection (b) and the map and legal description submitted by the Secretary, the map referred to in subsection (b) shall control. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, and in the appropriate office of the Bureau of Land Management in Arizona. SEC. 3. PURPOSES OF THE ACQUISITION PLANNING DISTRICT. (a) In General.--The Secretary shall negotiate with land owners for the acquisition of lands and interest in lands suitable for Conservation Area expansion that meet the purposes described in section 4(a). The Secretary shall only acquire property under this Act pursuant to section 7. (b) Federal Lands.--The Secretary, through the Bureau of Land Management, shall administer the public lands within the Acquisition Planning District pursuant to this Act and the applicable provisions of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), subject to valid existing rights, and in accordance with the management plan. Such public lands shall become part of the Conservation Area when they become contiguous with the Conservation Area. (c) Fish and Wildlife.--Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Arizona with respect to fish and wildlife within the Acquisition Planning District. (d) Protection of State and Private Lands and Interests.--Nothing in this Act shall be construed as affecting any property rights or management authority with regard to any lands or interest in lands held by the State of Arizona, any political subdivision of the State of Arizona, or any private property rights within the boundaries of the Acquisition Planning District. (e) Public Lands.--Nothing in this Act shall be construed as in any way diminishing the Secretary's or the Bureau of Land Management's authorities, rights, or responsibilities for managing the public lands within the Acquisition Planning District. (f) Coordinated Management.--The Secretary shall coordinate the management of the public lands within the Acquisition Planning District with that of surrounding county, State, and private lands consistent with the provisions of subsection (d). SEC. 4. ESTABLISHMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION AREA. (a) In General.--In order to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important aquatic, wildlife, vegetative, archaeological, paleontological, scientific, cave, cultural, historical, recreational, educational, scenic, rangeland, and riparian resources and values of the public lands described in subsection (b) while allowing livestock grazing and recreation to continue in appropriate areas, there is hereby established the Las Cienegas National Conservation Area in the State of Arizona. (b) Areas Included.--The Conservation Area shall consist of approximately 42,000 acres of public lands in the Arizona counties of Pima and Santa Cruz, as generally depicted on the map entitled ``Sonoita Valley Acquisition Planning District and Las Cienegas National Conservation Area'' and dated October 2, 2000. (c) Maps and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Conservation Area. In case of a conflict between the map referred to in subsection (b) and the map and legal description submitted by the Secretary, the map referred to in subsection (b) shall control. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, and in the appropriate office of the Bureau of Land Management in Arizona. (d) Forest Lands.--Any lands included in the Coronado National Forest that are located within the boundaries of the Conservation Area shall be considered to be a part of the Conservation Area. The Secretary of Agriculture shall revise the boundaries of the Coronado National Forest to reflect the exclusion of such lands from the Coronado National Forest. SEC. 5. MANAGEMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION AREA. (a) In General.--The Secretary shall manage the Conservation Area in a manner that conserves, protects, and enhances its resources and values, including the resources and values specified in section 4(a), pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable law, including this Act. (b) Uses.--The Secretary shall allow only such uses of the Conservation Area as the Secretary finds will further the purposes for which the Conservation Area is established as set forth in section 4(a). (c) Grazing.--The Secretary of the Interior shall permit grazing subject to all applicable laws, regulations, and Executive orders consistent with the purposes of this Act. (d) Motorized Vehicles.--Except where needed for administrative purposes or to respond to an emergency, use of motorized vehicles on public lands in the Conservation Area shall be allowed only-- (1) before the effective date of a management plan prepared pursuant to section 6, on roads and trails designated for use of motorized vehicles in the management plan that applies on the date of the enactment of this Act; and (2) after the effective date of a management plan prepared pursuant to section 6, on roads and trails designated for use of motor vehicles in that management plan. (e) Military Airspace.--Prior to the date of the enactment of this Act the Federal Aviation Administration approved restricted military airspace (Areas 2303A and 2303B) which covers portions of the Conservation Area. Designation of the Conservation Area shall not impact or impose any altitude, flight, or other airspace restrictions on current or future military operations or missions. Should the military require additional or modified airspace in the future, the Congress does not intend for the designation of the Conservation Area to impede the military from petitioning the Federal Aviation Administration to change or expand existing restricted military airspace. (f) Access to State and Private Lands.--Nothing in this Act shall affect valid existing rights-of-way within the Conservation Area. The Secretary shall provide reasonable access to nonfederally owned lands or interest in lands within the boundaries of the Conservation Area. (g) Hunting.--Hunting shall be allowed within the Conservation Area in accordance with applicable laws and regulations of the United States and the State of Arizona, except that the Secretary, after consultation with the Arizona State wildlife management agency, may issue regulations designating zones where and establishing periods when no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment. (h) Preventative Measures.--Nothing in this Act shall preclude such measures as the Secretary determines necessary to prevent devastating fire or infestation of insects or disease within the Conservation Area. (i) No Buffer Zones.--The establishment of the Conservation Area shall not lead to the creation of protective perimeters or buffer zones around the Conservation Area. The fact that there may be activities or uses on lands outside the Conservation Area that would not be permitted in the Conservation Area shall not preclude such activities or uses on such lands up to the boundary of the Conservation Area consistent with other applicable laws. (j) Withdrawals.--Subject to valid existing rights all Federal lands within the Conservation Area and all lands and interest therein which are hereafter acquired by the United States are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the mining laws, and from operation of the mineral leasing and geothermal leasing laws and all amendments thereto. SEC. 6. MANAGEMENT PLAN. (a) Plan Required.--Not later than 2 years after the date of the enactment of this Act, the Secretary, through the Bureau of Land Management, shall develop and begin to implement a comprehensive management plan for the long-term management of the public lands within the Conservation Area in order to fulfill the purposes for which it is established, as set forth in section 4(a). Consistent with the provisions of this Act, the management plan shall be developed-- (1) in consultation with appropriate departments of the State of Arizona, including wildlife and land management agencies, with full public participation; (2) from the draft Empire-Cienega Ecosystem Management Plan/ EIS, dated October 2000, as it applies to Federal lands or lands with conservation easements; and (3) in accordance with the resource goals and objectives developed through the Sonoita Valley Planning Partnership process as incorporated in the draft Empire-Cienega Ecosystem Management Plan/EIS, dated October 2000, giving full consideration to the management alternative preferred by the Sonoita Valley Planning Partnership, as it applies to Federal lands or lands with conservation easements. (b) Contents.--The management plan shall include-- (1) provisions designed to ensure the protection of the resources and values described in section 4(a); (2) an implementation plan for a continuing program of interpretation and public education about the resources and values of the Conservation Area; (3) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resource objectives for the Conservation Area and with the other proposed management activities to accommodate visitors to the Conservation Area; (4) cultural resources management strategies for the Conservation Area, prepared in consultation with appropriate departments of the State of Arizona, with emphasis on the preservation of the resources of the Conservation Area and the interpretive, educational, and long-term scientific uses of these resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the Conservation Area; (5) wildlife management strategies for the Conservation Area, prepared in consultation with appropriate departments of the State of Arizona and using previous studies of the Conservation Area; (6) production livestock grazing management strategies, prepared in consultation with appropriate departments of the State of Arizona; (7) provisions designed to ensure the protection of environmentally sustainable livestock use on appropriate lands within the Conservation Area; (8) recreation management strategies, including motorized and nonmotorized dispersed recreation opportunities for the Conservation Area, prepared in consultation with appropriate departments of the State of Arizona; (9) cave resources management strategies prepared in compliance with the goals and objectives of the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.); and (10) provisions designed to ensure that if a road or trail located on public lands within the Conservation Area, or any portion of such a road or trail, is removed, consideration shall be given to providing similar alternative access to the portion of the Conservation Area serviced by such removed road or trail. (c) Cooperative Agreements.--In order to better implement the management plan, the Secretary may enter into cooperative agreements with appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(b)). (d) Research Activities.--In order to assist in the development and implementation of the management plan, the Secretary may authorize appropriate research, including research concerning the environmental, biological, hydrological, cultural, agricultural, recreational, and other characteristics, resources, and values of the Conservation Area, pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)). SEC. 7. LAND ACQUISITION. (a) In General.-- (1) Priority to conservation easements.--In acquiring lands or interest in lands under this section, the Secretary shall give priority to such acquisitions in the form of conservation easements. (2) Private lands.--The Secretary is authorized to acquire privately held lands or interest in lands within the boundaries of the Acquisition Planning District only from a willing seller through donation, exchange, or purchase. (3) County lands.--The Secretary is authorized to acquire county lands or interest in lands within the boundaries of the Acquisition Planning District only with the consent of the county through donation, exchange, or purchase. (4) State lands.-- (A) In general.--The Secretary is authorized to acquire lands or interest in lands owned by the State of Arizona located within the boundaries of the Acquisition Planning District only with the consent of the State and in accordance with State law, by donation, exchange, or purchase. (B) Consideration.--As consideration for the acquisitions by the United States of lands or interest in lands under this paragraph, the Secretary shall pay fair market value for such lands or shall convey to the State of Arizona all or some interest in Federal lands (including buildings and other improvements on such lands or other Federal property other than real property) or any other asset of equal value within the State of Arizona. (C) Transfer of jurisdiction.--All Federal agencies are authorized to transfer jurisdiction of Federal lands or interest in lands (including buildings and other improvements on such lands or other Federal property other than real property) or any other asset within the State of Arizona to the Bureau of Land Management for the purpose of acquiring lands or interest in lands as provided for in this paragraph. (b) Management of Acquired Lands.--Lands acquired under this section shall, upon acquisition, become part of the Conservation Area and shall be administered as part of the Conservation Area. These lands shall be managed in accordance with this Act, other applicable laws, and the management plan. SEC. 8. REPORTS TO CONGRESS. (a) Protection of Certain Lands.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report describing the most effective measures to protect the lands north of the Acquisition Planning District within the Rincon Valley, Colossal Cave area, and Agua Verde Creek corridor north of Interstate 10 to provide an ecological link to Saguaro National Park and the Rincon Mountains and contribute to local government conservation priorities. (b) Implementation of This Act.--Not later than 5 years after the date of the enactment of this Act, and at least at the end of every 10- year period thereafter, the Secretary shall submit to Congress a report describing the implementation of this Act, the condition of the resources and values of the Conservation Area, and the progress of the Secretary in achieving the purposes for which the Conservation Area is established as set forth in section 4(a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Directs the Secretary to develop and begin to implement a comprehensive management plan for the long-term management of the Area. Authorizes the Secretary to acquire for the Area surrounding lands within the District owned by private individuals, local counties, or the State of Arizona. Requires the Secretary to report to Congress: (1) describing the most effective measures for the protection of certain lands north of the District; and (2) five years after the enactment of this Act, and at least every ten years thereafter, on the implementation of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``State Fiscal Relief Act of 2004''. SEC. 2. EXTENSION OF TEMPORARY STATE FISCAL RELIEF. (a) Extension of Temporary Freeze of Medicaid FMAP for Certain States.--Section 401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note) is amended-- (1) in the subsection heading, by striking ``$10,000,000,000 for a''; (2) in paragraph (2)-- (A) in the paragraph heading, by striking ``first 3 quarters of''; and (B) by striking ``the first, second, and third calendar quarters'' and inserting ``each calendar quarter''; (3) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively; and (4) by inserting after paragraph (2), the following: ``(3) Permitting maintenance of fiscal year 2004 fmap for fiscal year 2005.--Subject to paragraph (6), if the FMAP determined without regard to this subsection for a State for fiscal year 2005 is less than the FMAP as so determined for fiscal year 2004, the FMAP for the State for fiscal year 2004 shall be substituted for the State's FMAP for each calendar quarter of fiscal year 2005, before the application of this subsection.''. (b) Temporary Increase in Medicaid FMAP for All States.--Section 401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note), as amended by subsection (a), is amended by striking paragraphs (4) and (5) (as redesignated by subsection (a)(3)) and inserting the following: ``(4) Temporary increase in medicaid fmap.-- ``(A) General 2.95 percentage points increase for last 2 calendar quarters of fiscal year 2003 and first 3 calendar quarters of fiscal year 2004.--Subject to paragraphs (6), (7), and (8), for each State for the third and fourth calendar quarters of fiscal year 2003 and for the first, second, and third calendar quarters of fiscal year 2004, the FMAP (taking into account the application of paragraphs (1), (2), and (3)) shall be increased by 2.95 percentage points. ``(B) General 1.26 percentage points increase for last calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005.--Subject to paragraphs (6), (7), and (8), for each State for the fourth calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005, the FMAP (taking into account the application of paragraphs (1), (2), and (3) but without regard to the application of subparagraph (A)) shall be increased by 1.26 percentage points. ``(5) Increase in cap on medicaid payments to territories.-- ``(A) Last 2 calendar quarters of fiscal year 2003 and first 3 calendar quarters of fiscal year 2004.-- Subject to paragraphs (7) and (8), with respect to the third and fourth calendar quarters of fiscal year 2003 and the first, second, and third calendar quarters of fiscal year 2004, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 5.90 percent of such amounts. ``(B) Last calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005.--Subject to paragraphs (7) and (8), with respect to the fourth calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 2.52 percent of such amounts.''. (c) Conforming Amendments.--Section 401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note), as amended by subsections (a) and (b), is amended-- (1) in paragraph (1), by striking ``paragraph (5)'' and inserting ``paragraph (6)''; (2) in paragraph (2), by striking ``paragraph (5)'' and inserting ``paragraph (6)''; (3) in paragraph (7) (as redesignated by subsection (a)(3))-- (A) by striking ``paragraph (4)'' each place it appears and inserting ``paragraph (5)''; and (B) by striking ``paragraph (3)'' each place it appears and inserting ``paragraph (4)''; (4) in paragraph (8) (as so redesignated), by striking ``the first, second and third calendar quarters of fiscal year 2004'' and inserting ``each calendar quarter of fiscal year 2004 and fiscal year 2005''; and (5) in paragraph (10) (as so redesignated), by striking ``October 1, 2004'' and inserting ``January 1, 2005''. SEC. 3. TRANSITIONAL FUND TO IMPLEMENT THE MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT OF 2003. Section 1931(h) of the Social Security Act (42 U.S.C. 1396u-1(h)) is amended-- (1) in paragraph (1)-- (A) by striking ``described in paragraph (2)'' and inserting ``described in-- ``(A) paragraph (2)(A)''; (B) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(B) paragraph (2)(B) the per centum specified in section 1903(a)(7) shall be increased to such percentage as the Secretary specifies, except that the percentage shall not be less than the percentage applied by the Secretary to the payments made for administrative expenditures described in subparagraph (A) before the date of enactment of this subparagraph.''; (2) in paragraph (2), by striking ``that (but for the enactment of this section) would not be incurred.'' and inserting ``that-- ``(A) but for the enactment of this section would not be incurred; or ``(B) but for the enactment of the Medicare, Prescription Drug, Improvement, and Modernization Act of 2003 and the amendments made by that Act would not be incurred.''; and (3) by striking paragraph (3) and inserting the following: ``(3) Limitations.-- ``(A) Welfare reform attributable expenditures.-- The total amount of additional Federal funds that are expended as a result of the application of this subsection with respect to administrative expenditures described in paragraph (2)(A) for the period beginning with fiscal year 1997 shall not exceed $500,000,000. In applying this subparagraph, the Secretary shall ensure the equitable distribution of additional funds among the States. ``(B) MMA attributable expenditures.--The total amount of additional Federal funds that are expended as a result of the application of this subsection with respect to administrative expenditures described in paragraph (2)(B) for the period beginning on October 1, 2004, and ending on the later of April 1, 2006, or the end of the first fiscal year quarter that begins on or after the date on which benefits are first provided under the voluntary prescription drug benefit program under part D of title XVIII (other than under the program under subpart 4 of part D of title XVIII), shall not exceed $1,200,000,000. In applying this subparagraph, the Secretary shall ensure the equitable distribution of additional funds among the States, taking into account the following: ``(i) The percentage of individuals who reside in a State who are eligible for medicare cost-sharing under clause (i), (iii), or (iv) of section 1902(a)(10)(E). ``(ii) The number of full-benefit dual eligible individuals (as defined in section 1935(c)(6)) who reside in a State.''.", "summary": "State Fiscal Relief Act of 2004 - Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to extend the temporary freeze of the Federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act (SSA) for certain States (continuing the FY 2003 FMAP through each calendar quarter of FY 2004, and the FY 2004 FMAP for each calendar quarter of FY 2005 if the FY 2005 FMAP would otherwise be less than the FY 2004 FMAP). Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to increase the FMAP: (1) by 2.95 percentage points for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004; and (2) by 1.26 percentage points for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. Increases by 5.9 percent the ceiling on Medicaid payments to specified territories for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004. Increases such ceiling by 2.52 percent for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. Amends SSA title XIX, with respect to the transitional increased Federal matching rate for increased administrative costs, to require a specified minimum increase for administrative expenditures that would not be incurred but for enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. Sets $1.2 billion as the cap on the total amount of additional Federal funds expended as a result of this Act with respect to such administrative expenditures between October 1, 2004, and the later of either: (1) April 1, 2006; or (2) the end of the first fiscal year quarter that begins on or after the date on which benefits are first provided under the voluntary prescription drug benefit program under SSA title XVIII (Medicare) part D."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Accountability Act of 2009''. SEC. 2. REVIEWS OF SPECIAL FEDERAL RESERVE CREDIT FACILITIES. (a) Reviews.--Section 714 of title 31, United States Code, is amended by adding at the end the following: ``(f) Reviews of Credit Facilities of the Federal Reserve System.-- ``(1) Definition.--In this subsection, the term `credit facilities' means-- ``(A) the Money Market Investor Funding Facility; ``(B) the Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility; ``(C) the Term Asset-Backed Securities Loan Facility; ``(D) the Primary Dealer Credit Facility; ``(E) the Commercial Paper Funding Facility; ``(F) any other credit facility approved by the Board under the 3rd undesignated paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 343), other than a credit facility that is subject to the requirements of subsection (e); and ``(G) any special purpose vehicle through which any activity described in subparagraphs (A) through (F) is conducted. ``(2) In general.--Subject to paragraph (3), and notwithstanding any limitation in subsection (b) on the auditing and oversight of certain functions of the Board or any Federal Reserve bank, the Comptroller General may conduct reviews, including onsite examinations, if the Comptroller General determines that such examinations are appropriate, of the accounting, financial reporting, and internal controls of credit facilities established by the Board or any Federal Reserve bank, including when such activities are carried out by or on behalf of the Board or any official of a Federal Reserve bank. ``(3) Reports and delayed disclosure.-- ``(A) Reports required.--A report on each review conducted under paragraph (2) shall be submitted by the Comptroller General to the Congress before the end of the 90-day period beginning on the date on which such review is completed. ``(B) Contents.--The report under subparagraph (A) shall include a detailed description of the findings and conclusions of the Comptroller General with respect to the review that is the subject of the report, together with such recommendations for legislative or administrative action as the Comptroller General may determine to be appropriate. ``(C) Delayed release of certain information.-- ``(i) In general.--The Comptroller General shall not disclose to any person or entity, including to the Congress, the names or identifying details of specific participants in any of the audited facilities or identifying details regarding assets or collateral held by, under, or in connection with any of the audited facilities, and any report provided under subparagraph (A) shall be redacted to ensure that such details are not disclosed. ``(ii) Delayed release.--The nondisclosure obligation under clause (i) shall expire, and the Comptroller General shall release a nonredacted version of any reports on specific credit facilities, 1 year after the termination of the relevant credit facility.''. (b) Access to Records.--Section 714(d) of title 31, United States Code (as amended by section 801 of Public Law 111-22), is amended-- (1) in paragraph (2), by inserting ``or any single and specific partnership or corporation (as specified in subsection (e)) or any facility established by an agency (as specified in subsection (f))'' after ``used by an agency''; (2) in paragraph (3), by inserting ``or (f)'' after ``subsection (e)'' each place that term appears; and (3) in paragraph (3)(B), by adding at the end the following: ``The Comptroller General may make and retain copies of books, accounts, and other records provided under subparagraph (A) as the Comptroller General deems appropriate. The Comptroller General shall have access to the officers, employees, contractors, and other agents and representatives of any single and specific partnership or corporation (as specified in subsection (e)) or any credit facility established by an agency (as specified in subsection (f)) at any reasonable time, as the Comptroller General may request. The Comptroller General shall provide to any such partnership, corporation, or credit facility a current list of officers and employees to whom, with proper identification, records and property may be made available, and who may make notes or copies necessary to carry out a review or examination under this subsection.''. SEC. 3. PUBLIC ACCESS TO INFORMATION. (a) In General.--The Board shall place on its home Internet website a link entitled ``Audit'', which shall link to a webpage that shall serve as a repository of information made available to the public for a reasonable period of time, not less than 6 months following the date of release of the relevant information, including-- (1) the reports prepared by the Comptroller General under section 714 of title 31, United States Code; (2) the annual financial statements prepared by an independent auditor for the Board of Governors of the Federal Reserve System (in this section referred to as the ``Board'') in accordance with section 11B of the Federal Reserve Act (12 U.S.C. 248b); and (3) such other information as the Board reasonably believes is necessary or helpful to the public in understanding the accounting, financial reporting, and internal controls of the Board and the Federal Reserve banks.", "summary": "Federal Reserve Accountability Act of 2009 - Authorizes the Comptroller General to conduct reviews of (including onsite examinations), and report to Congress on, the accounting, financial reporting, and internal controls of credit facilities established by the Board of Governors of the Federal Reserve System, or any Federal Reserve bank, including when such activities are implemented by or on behalf of the Board or any official of a Federal Reserve bank. Defines \"credit facilities\" as: (1) the Money Market Investor Funding Facility; (2) the Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility; (3) the Term Asset-Backed Securities Loan Facility; (4) the Primary Dealer Credit Facility; (5) the Commercial Paper Funding Facility; and (6) certain other credit facilities approved by the Board, as well as any special purpose vehicle through which any activity of such facilities is conducted. Requires the Board to place on its home Internet website a link entitled \"Audit\" to a webpage that serves as a repository of public information for not less than six months following the release of the relevant information, including: (1) the reports prepared pursuant to this Act; (2) the annual financial statements prepared by an independent auditor for the Board; and (3) any other information the Board believes is necessary or helpful to the public in understanding its accounting, financial reporting, and internal controls as well as those of the Federal Reserve banks."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Capitol Fire Protection Act of 2000''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) although progress has been made in recent years, the Capitol, House and Senate Office Buildings, and Library of Congress still do not provide staff and visitors with the fire safety and protection they deserve; (2) the Architect of the Capitol must place great emphasis on the need to ensure that these and other properties administered by the Architect, and individuals who visit or work in these properties, enjoy the maximum protection that modern technology and human diligence can provide against fire and related threats to life and property; and (3) properties and structures of the United States Capitol Complex are of historical and architectural significance and are an essential public and national resource, and it is essential that they be preserved and rehabilitated in such a manner as to retain their historical and architectural significance. (b) Purpose.--It is the purpose of this Act to establish the position of the Director of Fire Safety and Protection to assist the Architect of the Capitol in meeting the Architect's responsibilities for fire safety and protection so that the properties of the United States Capitol Complex will be protected from fire and serve as a safe environment for those who work or visit there. SEC. 3. ESTABLISHMENT OF POSITION OF DIRECTOR OF FIRE SAFETY AND PROTECTION. (a) Establishment.--There is hereby established in the Office of the Architect of the Capitol the position of Director of Fire Safety and Protection. (b) Appointment; Compensation.-- (1) Appointment.--The Director of Fire Safety and Protection shall be appointed by the Architect of the Capitol from among individuals with the knowledge, skills, and abilities necessary to carry out the duties described in this Act. (2) Compensation.--The Architect of the Capitol shall fix the rate of basic pay and benefits for the Director of Fire Safety and Protection at such rate as the Architect considers appropriate, except that such rate may not be less than the rate of pay and benefits for the Director of Engineering under the Architect of the Capitol. (c) Duties.-- (1) In general.--Working under the direction and control of the Architect of the Capitol and reporting directly to the Architect, the Director of Fire Safety and Protection shall-- (A) be responsible for all fire safety and protection activities of the Architect of the Capitol; (B) ensure that Architect properties meet the applicable codes and standards established by the National Fire Protection Association, except that the Architect may modify the application of such codes to the properties to take into account the historic and architecturally significant features of such properties so long as a reasonable degree of safety and protection is maintained; and (C) carry out the duties specified in paragraph (2). (2) Duties specified.--The duties specified in this paragraph are as follows: (A) The routine periodic testing and maintenance of all fire alarm, fire suppression, and fire protection systems in all Architect properties. (B) The conduct of comprehensive inspections and risk assessments on a regular basis (but not less frequently than once each year) of all Architect properties to identify conditions which constitute fire hazards and to develop plans for the prompt abatement of such conditions, in accordance with the requirements specified in paragraph (1)(B). (C) The development and implementation of programs to train employees of the Architect of the Capitol and others in the proper use and maintenance of fire alarm, fire suppression, and fire protection systems and in the proper use and storage of hazardous chemicals and materials. (D) The identification of structural changes and repairs which may be necessary to assure maximum fire protection and safety in Architect properties, and the development of comprehensive plans to carry out such changes. (E) The preparation of semi-annual reports on the efforts made by the Director to carry out the duties required under this subsection. (F) Consultation with experts in fire safety and protection regarding the modification of codes and standards carried out pursuant to paragraph (1)(B) and such other matters relating to the Director's duties as the Director considers appropriate. (G) Such other steps as may be reasonably necessary to protect Architect properties from fire and provide a safe environment for employees and visitors. SEC. 4. RESPONSIBILITIES OF ARCHITECT. (a) In General.--The Architect of the Capitol shall provide the Director of Fire Safety and Protection with such staff and other resources as the Director may reasonably require to carry out duties under this Act, except that the Architect of the Capitol shall assign not fewer than 12 full-time-equivalent employees to the Director for carrying out such duties. (b) Budget Request.--Beginning with fiscal year 2002, the Architect of the Capitol shall include in the budget request for the Architect for a fiscal year a separate statement of the total amount to be used to carry out the duties of the Director of Fire Safety and Protection in the fiscal year. (c) Submission of Reports.--The Architect shall submit to the Committees on Appropriations of the House of Representatives and Senate, the Committee on House Administration of the House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Rules and Administration of the Senate the semi-annual reports prepared by the Director of Fire Safety and Protection under section 3(c)(2)(E). SEC. 5. ARCHITECT PROPERTIES DEFINED. In this Act, the term ``Architect properties'' means any properties under the jurisdiction of the Architect of the Capitol, including the Capitol, House and Senate Office Buildings, the Library of Congress, the United States Botanic Garden, and the Capitol Power Plant.", "summary": "Directs the Architect of the Capitol to assign at least 12 full-time employees to the Director."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mutual Fund Transparency Act of 2005''. SEC. 2. DISCLOSURE OF FINANCIAL RELATIONSHIPS BETWEEN BROKERS AND MUTUAL FUND COMPANIES. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following: ``(13) Confirmation of transactions for mutual funds.-- ``(A) In general.--Each broker shall disclose in writing to customers that purchase the shares of an open-end company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8)-- ``(i) the amount of any compensation received or to be received by the broker in connection with such transaction from any sources; and ``(ii) such other information as the Commission determines appropriate. ``(B) Revenue sharing.--The term `compensation' under subparagraph (A) shall include any direct or indirect payment made by an investment adviser (or any affiliate of an investment adviser) to a broker or dealer for the purpose of promoting the sales of securities of an open-end company. ``(C) Timing of disclosure.--The disclosure required under subparagraph (A) shall be made to a customer not later than as of the date of the completion of the transaction. ``(D) Limitation.--The disclosures required under subparagraph (A) may not be made exclusively in-- ``(i) a registration statement or prospectus of an open-end company; or ``(ii) any other filing of an open-end company with the Commission. ``(E) Commission authority.-- ``(i) In general.--The Commission shall promulgate such final rules as are necessary to carry out this paragraph not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2005. ``(ii) Form of disclosure.--Disclosures under this paragraph shall be in such form as the Commission, by rule, shall require. ``(F) Definition.--In this paragraph, the term `open-end company' has the same meaning as in section 5 of the Investment Company Act of 1940 (15 U.S.C. 80a- 5).''. (b) Disclosure of Brokerage Commissions.--Section 30 of the Investment Company Act of 1940 (15 U.S.C. 80a-29) is amended by adding at the end the following: ``(k) Disclosure of Brokerage Commissions.--The Commission, by rule, shall require that brokerage commissions as an aggregate dollar amount and percentage of assets paid by an open-end company be included in any disclosure of the amount of fees and expenses that may be payable by the holder of the securities of such company for purposes of-- ``(1) the registration statement of that open-end company; and ``(2) any other filing of that open-end company with the Commission, including the calculation of expense ratios.''. SEC. 3. MUTUAL FUND GOVERNANCE. (a) Independent Fund Boards.--Section 10(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-10(a)) is amended-- (1) by striking ``shall have'' and inserting the following: ``shall-- ``(1) have''; (2) by striking ``60 per centum'' and inserting ``25 percent''; (3) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(2) have as chairman of its board of directors an interested person of such registered company; or ``(3) have as a member of its board of directors any person that is an interested person of such registered investment company-- ``(A) who has served without being approved or elected by the shareholders of such registered investment company at least once every 5 years; and ``(B) unless such director has been found, on an annual basis, by a majority of the directors who are not interested persons, after reasonable inquiry by such directors, not to have any material business or familial relationship with the registered investment company, a significant service provider to the company, or any entity controlling, controlled by, or under common control with such service provider, that is likely to impair the independence of the director.''. (b) Action by Independent Directors.--Section 10 of the Investment Company Act of 1940 (15 U.S.C. 80a-10) is amended by adding at the end the following: ``(i) Action by Board of Directors.--No action taken by the board of directors of a registered investment company may require the vote of a director who is an interested person of such registered investment company. ``(j) Independent Committee.-- ``(1) In general.--The members of the board of directors of a registered investment company who are not interested persons of such registered investment company shall establish a committee comprised solely of such members, which committee shall be responsible for-- ``(A) selecting persons to be nominated for election to the board of directors; and ``(B) adopting qualification standards for the nomination of directors. ``(2) Disclosure.--The standards developed under paragraph (1)(B) shall be disclosed in the registration statement of the registered investment company.''. (c) Definition of Interested Person.--Section 2(a)(19) of the Investment Company Act of 1940 (15 U.S.C. 80a-2) is amended-- (1) in subparagraph (A)-- (A) in clause (iv), by striking ``two'' and inserting ``5''; and (B) by striking clause (vii) and inserting the following: ``(vii) any natural person who has served as an officer or director, or as an employee within the preceding 10 fiscal years, of an investment adviser or principal underwriter to such registered investment company, or of any entity controlling, controlled by, or under common control with such investment adviser or principal underwriter; ``(viii) any natural person who has served as an officer or director, or as an employee within the preceding 10 fiscal years, of any entity that has within the preceding 5 fiscal years acted as a significant service provider to such registered investment company, or of any entity controlling, controlled by, or under the common control with such service provider; ``(ix) any natural person who is a member of a class of persons that the Commission, by rule or regulation, determines is unlikely to exercise an appropriate degree of independence as a result of-- ``(I) a material business relationship with the investment company or an affiliated person of such investment company; ``(II) a close familial relationship with any natural person who is an affiliated person of such investment company; or ``(III) any other reason determined by the Commission.''; (2) in subparagraph (B)-- (A) in clause (iv), by striking ``two'' and inserting ``5''; and (B) by striking clause (vii) and inserting the following: ``(vii) any natural person who is a member of a class of persons that the Commission, by rule or regulation, determines is unlikely to exercise an appropriate degree of independence as a result of-- ``(I) a material business relationship with such investment adviser or principal underwriter or affiliated person of such investment adviser or principal underwriter; ``(II) a close familial relationship with any natural person who is an affiliated person of such investment adviser or principal underwriter; or ``(III) any other reason as determined by the Commission:''. (d) Definition of Significant Service Provider.--Section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended by adding at the end the following: ``(53) Significant service provider.-- ``(A) In general.--Not later than 270 days after the date of enactment of the Mutual Fund Transparency Act of 2005, the Securities and Exchange Commission shall issue final rules defining the term `significant service provider'. ``(B) Requirements.--The definition developed under paragraph (1) shall include, at a minimum, the investment adviser and principal underwriter of a registered investment company for purposes of paragraph (19).''. SEC. 4. FINANCIAL LITERACY AMONG MUTUAL FUND INVESTORS STUDY. (a) In General.--The Securities and Exchange Commission shall conduct a study to identify-- (1) the existing level of financial literacy among investors that purchase shares of open-end companies, as that term is defined under section 5 of the Investment Company Act of 1940, that are registered under section 8 of that Act; (2) the most useful and understandable relevant information that investors need to make sound financial decisions prior to purchasing such shares; (3) methods to increase the transparency of expenses and potential conflicts of interest in transactions involving the shares of open-end companies; (4) the existing private and public efforts to educate investors; and (5) a strategy to increase the financial literacy of investors that results in a positive change in investor behavior. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall submit a report on the study required under subsection (a) to-- (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Financial Services of the House of Representatives. SEC. 5. STUDY REGARDING MUTUAL FUND ADVERTISING. (a) In General.--The Comptroller General of the United States shall conduct a study on mutual fund advertising to identify-- (1) existing and proposed regulatory requirements for open- end investment company advertisements; (2) current marketing practices for the sale of open-end investment company shares, including the use of unsustainable past performance data, funds that have merged, and incubator funds; (3) the impact of such advertising on consumers; and (4) recommendations to improve investor protections in mutual fund advertising and additional information necessary to ensure that investors can make informed financial decisions when purchasing shares. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report on the results of the study conducted under subsection (a) to-- (1) the Committee on Banking, Housing, and Urban Affairs of the United States Senate; and (2) the Committee on Financial Services of the House of Representatives. SEC. 6. POINT-OF-SALE DISCLOSURE. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)), as amended by section 2, is amended by adding at the end the following: ``(14) Broker disclosures in mutual fund transactions.-- ``(A) In general.--Each broker shall disclose in writing to each person that purchases the shares of an investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8)-- ``(i) the source and amount, in dollars and as a percentage of assets, of any compensation received or to be received by the broker in connection with such transaction from any sources; ``(ii) the amount, in dollars and as a percentage of assets, of compensation received in connection with transactions in shares of other investment company shares offered by the broker, if materially different from the amount under (i); ``(iii) comparative information that shows the average amount received by brokers in connection with comparable transactions, as determined by the Commission; and ``(iv) such other information as the Commission determines appropriate. ``(B) Revenue sharing.--The term `compensation' under subparagraph (A) shall include any direct or indirect payment made by an investment adviser (or any affiliate of an investment adviser) to a broker or dealer for the purpose of promoting the sales of securities of a registered investment company. ``(C) Timing of disclosure.--The disclosures required under subparagraph (A) shall be made to permit the person purchasing the shares to evaluate such disclosures before deciding to engage in the transaction. ``(D) Limitation.--The disclosures required under subparagraph (A) may not be made exclusively in-- ``(i) a registration statement or prospectus of a registered investment company; or ``(ii) any other filing of a registered investment company with the Commission. ``(E) Commission authority.--The Commission shall promulgate such final rules as are necessary to carry out this paragraph not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2005.''. (b) National Securities Association Requirements.--Section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3) is amended by adding at the end the following: ``(n) National Securities Association Requirements.--Each national securities association registered pursuant to this section shall issue such rules as necessary not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2005 to require that a broker that provides individualized investment advice to a person shall-- ``(1) have a fiduciary duty to that person; ``(2) act solely in the best interests of that person; and ``(3) fully disclose all potential conflicts of interest and other information that is material to the relationship to that person prior to the time that the investment advice is first provided to the person and at least annually thereafter.''.", "summary": "Mutual Fund Transparency Act of 2005 - Amends the Securities Exchange Act of 1934 to require broker disclosure in writing to open-end company (mutual fund) purchasers of the amount of any compensation due the broker in connection with the purchase transaction from any sources. Amends the Investment Company Act of 1940 to direct the Securities and Exchange Commission (SEC) to require that brokerage commissions as an aggregate dollar amount and percentage of assets paid by a mutual fund company be included in any disclosure of the fees and expenses that may be payable by the holder of the securities of such company. Revamps independent mutual fund board of directors membership to reduce from 60 percent to 25 percent the permissible number of interested persons serving on the board. Prohibits an interested person from being board chairman. Specifies conditions an interested person must meet to service as a board member. Directs the SEC to issue final rules defining an interested person who is a \"significant service provider,\" including the investment adviser and principal underwriter of a registered investment company. Requires the SEC to study and report to Congress on: (1) financial literacy among mutual fund investors; and (2) mutual fund advertising. Amends the Securities Exchange Act of 1934 to require broker disclosure to each purchaser of investment company shares in a mutual fund transaction of the compensation the broker receives, in dollars and as as a percentage of assets. Requires each national securities association to issue rules requiring a broker that provides individualized investment advice to a person to: (1) have a fiduciary duty to that person; (2) act solely in the best interests of that person; and (3) fully disclose all potential conflicts of interest and other material information before the investment advice is first provided, and at least annually thereafter."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Spread Pricing Liquidity Act of 2013''. SEC. 2. TICK SIZE FOR CERTAIN ISSUERS. (a) In General.--Section 11A(c)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(c)(6)) is amended to read as follows: ``(6) Tick size for certain issuers.-- ``(A) Selection.-- ``(i) In general.--The board of directors of an issuer with a public float of $500,000,000 or less (based on a rolling average over the course of the preceding 3- month period) and an average daily trading volume of less than 500,000 shares may select to have the securities of the issuer quoted and traded using an increment of either $0.05 or $0.10. ``(ii) Manner of selection.--A selection under this subparagraph shall be made by informing the Commission and each exchange on which the securities of the issuer are quoted or traded. ``(iii) Limitation on certain issuers.-- With respect to the average trading price in the most recent 1-month period for the securities of an issuer-- ``(I) if such average price is less than $1, the issuer may not make the selection under this subparagraph; and ``(II) if such average price is $1 or more, but less than $2, the issuer may only select to have the securities of the issuer quoted and traded using an increment of $0.05. ``(iv) Consultation.--In making a selection under this subparagraph, the board of directors shall first consult with the issuer's primary listing market. ``(B) Trading requirements.--If an issuer has made the selection under subparagraph (A)-- ``(i) all quotes of the securities of such issuer shall be done using only the increment selected; ``(ii) an exchange on which the securities of such issuer are traded may not charge a fee for a person engaging in such a trade, unless such fee is uniform for all trades and based solely on the number of shares traded; and ``(iii) such selection shall not prevent the securities of the issuer being traded at increments other than the increment selected. ``(C) Right to opt out of selection.-- ``(i) In general.--An issuer that has made the selection under subparagraph (A) may choose to opt out of such selection at any time after the 6-month period beginning on the date such selection was made. ``(ii) Manner of opt out.--An issuer that chooses to opt out of the selection under subparagraph (A) shall do so by informing the Commission and each exchange on which the securities of the issuer are quoted or traded. ``(iii) Future selection.--Subject to subparagraph (D), an issuer that opts out of the selection under subparagraph (A) may make the selection under subparagraph (A) again at any time after the 1-year period beginning on the date of the opt out. ``(D) Treatment of issuers surpassing cap.--If the public float of an issuer that has made the selection under subparagraph (A) rises above $500,000,000 (based on a rolling average over the course of a 3-month period) or the average daily trading volume of the issuer raises above 500,000 then, after the end of the 3-month period beginning on the date of such occurrence-- ``(i) the issuer shall no longer be considered to have made the selection under subparagraph (A); and ``(ii) the issuer shall be ineligible to make a selection under subparagraph (A) during the 2-year period beginning after the end of such 3-month period, regardless of the issuer's public float or average daily trading volume. ``(E) Study and report.-- ``(i) In general.--Not later than the end of the 9-month period beginning on the date of the enactment of this paragraph, and annually thereafter, the Commission shall carry out a study of the quoting and trading of securities in increments of $0.05 and $0.10 permitted by this paragraph, and the extent to which such a system is increasing liquidity by incentivizing capital commitment, research coverage, and brokerage support. ``(ii) Report to congress.--Upon the completion of each study described under clause (i), the Commission shall issue a report to the Congress containing all of the findings and determinations made in carrying out such study, along with any legislative recommendations the Commission may have. ``(F) Definitions.--For purposes of this paragraph: ``(i) Average daily trading volume.--With respect to a security, the term `average daily trading volume' means the average, over the previous 3-month period, of-- ``(I) the aggregate daily volume for bids made on the security within the price band; and ``(II) the aggregate daily volume for offers made on the security within the price band. ``(ii) Price band.--With respect to a security, the term `price band' means the range between the price that is 25 cents below the trading price of the security and the price that is 25 cents above the trading price of the security. ``(iii) Public float.--The term `public float' means the amount of equity of an issuer that is held by persons who are not affiliated with the issuer, determined by multiplying the number of shares of such stock by the price of one of such shares.''. (b) Effective Date.-- (1) In general.--Section 11A(c)(6) of the Securities Exchange Act of 1934, as amended by subsection (a), shall take effect-- (A) with respect to an issuer with a public float of $100,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 100,000, on the date of the enactment of this Act; (B) with respect to an issuer that is not described under subparagraph (A) and that has a public float of $250,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 250,000, after the end of the 3-month period beginning on the date of the enactment of this Act; and (C) with respect to an issuer that is not described under subparagraph (A) or (B) and that has a public float of $500,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 500,000, after the end of the 6-month period beginning on the date of the enactment of this Act. (2) Definitions.--For purposes of this subsection, the terms ``average daily trading volume'' and ``public float'' have the meaning given those terms, respectively, under section 11A(c)(6)(F) of the Securities Exchange Act of 1934.", "summary": "Spread Pricing Liquidity Act of 2013 - Amends the Securities Exchange Act of 1934 concerning the national market system for securities to authorize the board of directors of an issuer with a public float of $500 million or less to select to have the issuer's securities quoted and traded using an increment (tick) of either $0.05 or $0.10. Prohibits selection of the $0.05 tick unless the average trading price in the most recent 1-month period for the securities of an issuer is between $1 and $2. Limits the tick selection to $0.05 for the issuer of any such security. Prescribes trading requirements. Permits a issuer that has made the selection under this Act to choose to opt out at any time after the six-month period beginning on the date the selection was made. States that, if the public float of an issuer that has made such a tick selection rises above $500 million (based on a rolling average over the course of a 3-month period), or its average daily trading volume rises above $500 million, then after the end of the 3-month period beginning on the date of such occurrence the issuer: (1) shall no longer be considered to have made the tick selection; and (2) shall be ineligible to make such a tick selection for 2 years after such 3-month period. Directs the Securities and Exchange Commission (SEC) to study the quoting and trading of securities in increments of $0.05 and $0.10, and the extent to which such system increases liquidity by incentivizing capital commitment, research coverage, and brokerage support."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Answer Africa's Call Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) African poverty and stagnation are the greatest tragedy of our time and demand a forceful response by the United States. (2) The world, especially the United States, is awash with wealth on a scale that has never been seen in human history. (3) We live in a world where new medicines and medical techniques have eradicated many of the diseases and ailments that plagued the rich world. (4) In Africa, some 4,000,000 children under the age of five die each year, two-thirds of them from illnesses that cost very little to treat; malaria is the biggest single killer of African children, and half of those deaths could be avoided if the parents of these children had access to diagnosis and drugs that cost little more than $1 per dose. (5) We live in a world where scientists can map the human genome and have the technology to clone a human being. (6) In Africa, we allow more than 250,000 women die each year from complications in pregnancy or childbirth. (7) We live in a world where the Internet in the blink of an eye can transfer more information than any human brain could hold. (8) In Africa each day, some 40,000,000 children are not able to go to school. (9) We live in a world which, faced by one of the most devastating diseases ever seen, AIDS, has developed the antiretroviral drugs to control its advance. (10) In Africa, where 25,000,000 people are infected with AIDS, antiretroviral drugs are not made generally available; as a result, 2,000,000 people will die of AIDS in 2005. (11) We live in a world where rich nations spend as much as the entire income of all the people in Africa subsidizing the unnecessary production of unwanted food, in an amount of almost $1,000,000,000 each day. (12) In Africa, hunger is a key factor in more deaths than those caused by all of the continent's infectious diseases combined. (13) We live in a world where every cow in Europe receives almost $2 each day in government subsidies. (14) In Africa the average daily income is approximately $1. (15) The contrast between the lives led by those who live in rich countries and those of poor people in Africa is the greatest scandal of our age. (16) One in six children in Africa dies before reaching the age of 5. (17) Two-thirds of all the African children who die under the age of 5 could be saved by low-cost treatments such as vitamin A, and a tenth of all the diseases suffered by African children are caused by intestinal worms that infect 200,000,000 people and could be treated for just 25 cents per child. (18) More than 300,000,000 Africans--42 percent of Africa's population--still do not have access to safe water, and 60 percent do not have access to basic sanitation. (19) 62 percent of all people aged 15-24 years who live with HIV are found in Africa. (20) Africa had 43,000,000 orphans in 2003, of which AIDS was responsible for 12,000,000. (21) In Zambia, 71 percent of child prostitutes are orphans. SEC. 3. STATEMENT OF POLICY. The Congress supports implementing the recommendations of the Commission for Africa, which call for rich nations to increase foreign assistance to Africa, provide debt relief, eliminate trade distorting agricultural subsidies, and remove insidious trade barriers that impede economic opportunity in sub-Saharan Africa. SEC. 4. IMPOSITION OF INDIVIDUAL INCOME TAX SURCHARGE TO FUND INTERNATIONAL FINANCE FACILITY. (a) Imposition of Tax.--Section 1 of the Internal Revenue Code of 1986 (relating to imposition of tax on individuals) is amended by adding at the end the following new subsection: ``(j) Additional Income Tax.-- ``(1) In general.--If the adjusted gross income of an individual exceeds the threshold amount, the tax imposed by this section (determined without regard to this subsection) shall be increased by an amount equal to 0.8 percent of so much of the adjusted gross income as exceeds the threshold amount. ``(2) Threshold amounts.--For purposes of this subsection, the term `threshold amount' means-- ``(A) $1,000,000 in the case of a joint return, and ``(B) $500,000 in the case of any other return. ``(3) Tax not to apply to estates and trusts.--This subsection shall not apply to an estate or trust. ``(4) Termination.--This subsection shall not apply to taxable years beginning after December 31, 2010.''. (b) Establishment of United States International Finance Facility Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following: ``SEC. 9511. UNITED STATES INTERNATIONAL FINANCE FACILITY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `United States International Finance Facility Trust Fund' (referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Trust Fund an amount equivalent to the increase in revenues received in the Treasury as the result of the surtax imposed under section 1(j). ``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust Fund shall be available without further appropriation to make expenditures in connection with United States commitments to the International Finance Facility.''. (2) Conforming amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following: ``Sec. 9511. United States International Finance Facility Trust Fund.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. (d) Section 15 not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 5. MODIFICATIONS TO PREFERENTIAL TRADE TREATMENT FOR PRODUCTS OF SUB-SAHARAN AFRICAN COUNTRIES. (a) Removal of Agriculture Tariff-Rate Quota Limitation; Agricultural Safeguard.--Section 503(b) of the Trade Act of 1974 (19 U.S.C. 2463(b)) is amended by striking paragraph (3) and inserting the following: ``(3) Agricultural products.-- ``(A) In general.--No quantity of an agricultural product subject to a tariff-rate quota that exceeds the in-quota amount shall be eligible for duty-free treatment under this title, except as provided in subparagraph (B). ``(B) Imports from countries designated under section 506a.--Subparagraph (A) shall not apply to over-quota imports of agricultural products subject to a tariff-rate quota that are the growth, product, or manufacture of a country designated as a beneficiary sub-Saharan African country under section 506A(a)(1). ``(4) Safeguard for agricultural products.-- ``(A) In general.--The President shall assess a duty, in the amount prescribed under subparagraph (B), on over-quota imports of any agricultural product described in paragraph (3)(B) for which preferential treatment is claimed, if the President determines that the unit import price of the product when it enters the United States, determined on an F.O.B. basis, is less than the annual trigger price determined in accordance with subparagraph (D). ``(B) Calculation of additional duties.--The amount of the additional duty assessed under this subsection shall be determined as follows: ``(i) If the difference between the unit import price and the trigger price is less than, or equal to, 10 percent of the trigger price, no additional duty shall be imposed. ``(ii) If the difference between the unit import price and the trigger price is greater than 10 percent, but less than or equal to 40 percent, of the trigger price, the additional duty shall be equal to 30 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed. ``(iii) If the difference between the unit import price and the trigger price is greater than 40 percent, but less than or equal to 60 percent, of the trigger price, the additional duty shall be equal to 50 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed. ``(iv) If the difference between the unit import price and the trigger price is greater than 60 percent, but less than or equal to 75 percent, of the trigger price, the additional duty shall be equal to 70 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed. ``(v) If the difference between the unit import price and the trigger price is greater than 75 percent of the trigger price, the additional duty shall be equal to 100 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed. ``(C) Exceptions.--No additional duty under this paragraph shall be assessed on an agricultural product if, at the time of entry into the customs territory of the United States, the product is subject to import relief under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). ``(D) Calculation of trigger price.--(i) Not later than 60 days after the date of the enactment of the Answer Africa's Call Act, and annually thereafter, the President shall, in consultation with the Secretary of Agriculture, establish the annual trigger price for each over-quota agricultural product described in paragraph (3)(B), and shall publish such prices in the Federal Register. The President shall establish the trigger price for a product at a level not below the 3- year average import price for that product. ``(ii) Not later than 30 days before publishing the trigger prices in the Federal Register under clause (i), the President shall notify and consult with the Committees on Ways and Means and Agriculture of the House of Representatives and the Committees on Finance and Agriculture of the Senate on the proposed trigger prices. ``(E) Notice to country concerned.--Not later than 60 days after the President first assesses additional duties under this paragraph on over-quota imports of agricultural products described in paragraph (3)(B), the President shall notify the beneficiary sub-Saharan African country where the product was grown, manufactured, or produced, in writing of such action and shall provide to the country data supporting the assessment of the additional duties. ``(F) Definitions.--In this paragraph: ``(i) F.O.B.--The term `F.O.B.' means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer. ``(ii) HTS.--The term `HTS' means the Harmonized Tariff Schedule of the United States. ``(iii) Unit import price.--The term `unit import price' means the price expressed in dollars per kilogram.''. (b) Short Supply Provisions.--Section 112(b)(5) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(5)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) In general.--Articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more beneficiary sub-Saharan African countries-- ``(i) from fabric or yarn which need not be originating under General Note 12(t) of the Harmonized Tariff Schedule of the United States for the apparel article to qualify as originating under that Note; or ``(ii) from fabric or yarn which-- ``(I) is the component that determines the classification of the articles under the Harmonized Tariff Schedule of the United States; ``(II) is not commercially available; and ``(III) which the President proclaims as eligible for use under this paragraph without regard to where the fabric or yarn is formed pursuant to the procedures set forth in subparagraph (B).''; and (2) in subparagraph (B), in the matter preceding clause (i), by striking ``not described in subparagraph (A)'' and inserting ``and thus eligible for use in the production of cut components or knit-to-shape components described in subparagraph (A)(ii)''. (c) User Developed Beneficiary Sub-Saharan African Countries.-- Section 112(b)(3)(B) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(3)(B)) is amended-- (1) in clause (ii)-- (A) in subclause (II), by inserting ``and'' after the semicolon; and (B) by striking subclauses (III) and (IV) and inserting the following: ``(III) 2.9285 percent for the 1- year period beginning October 2, 2005, and for each 1-year period thereafter through September 30, 2015.''; (2) in clause (iii)-- (A) in subclause (II), by striking ``and''; (B) in subclause (III), by striking the period and inserting ``; and''; and (C) by adding after subclause (III) the following: ``(IV) Mauritius, except that the applicable percentage with respect to Mauritius shall be 5 percent of the applicable percentage described in clause (ii)(III).''; and (3) by striking clause (iv).", "summary": "Answer Africa's Call Act - Amends the Internal Revenue Code to impose an additional income tax (surcharge) on adjusted gross incomes exceeding certain threshold levels (in order to fund the U.S. International Finance Facility). Establishes the United States International Finance Facility Trust Fund in the Treasury consisting of such amounts appropriated or credited to the Trust Fund, including amounts collected from the surcharge). Makes such Fund amounts available without further appropriation for expenditures in connection with U.S. commitments to the International Finance Facility. Amends the Trade Act of 1974 to modify the preferential trade treatment for agricultural products of beneficiary sub-Saharan African countries. Removes the limitation on eligibility for duty-free treatment of an agriculture product subject to a tariff-rate quota exceeding the in-quota amount, if the over-quota import is the growth, product, or manufacture of a beneficiary sub-Saharan African country. Requires the President to: (1) assess a duty on such an over-quota product if its unit import price is less than the annual trigger price; (2) establish an annual trigger price for each such product; and (3) notify the beneficiary sub-Saharan African country concerned of such additional duty. Amends the African Growth and Opportunity Act (AGOA) to revise criteria for preferential treatment of apparel articles wholly assembled from fabric or yarn not available in commercial quantities in the United States to make certain yarn or fabrics eligible for use in the production of specified cut or knit-to-shape apparel articles. Modifies AGOA special rules for lesser developed countries with respect to preferential treatment for apparel articles wholly assembled, or knit to shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries regardless of the country of origin of the fabric or yarn used. Extends through FY 2015 the applicable percentage component of the preferential treatment formula established for FY 2005. Includes Mauritius in such extension, with no change in its current limitation of 5% of such applicable percentage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Student Athletes from Concussions Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) Involvement in sports can have tremendous benefits for the physical, social, emotional, and cognitive development of students. (2) All students have the right to know the risks of concussions because concussions, though a mild traumatic brain injury, present such a significant risk to not only the physical well-being of a developing student, but also the academic performance of the student. (3) Mild traumatic brain injuries, including concussions, represent 80 to 90 percent of all traumatic brain injuries. (4) Children and adolescents are more vulnerable to brain injury than adults because their brains are still developing. (5) Surveys suggest that the prevalence of sport-related concussions is much higher than reported and the occurrence of concussions is higher at the high school level than at the collegiate level. According to recent research, 400,000 students sustained a concussion while participating in five different sports in a high school athletics program during the 2005-2008 school years. Few statistics are available for the 41 million children participating in non-scholastic youth sports, but schools report that concussions are occurring on the playground and during physical education classes. (6) A recent study estimated that more than 40 percent of high school athletes return to participate in school athletics before they have fully recovered from concussions, which increases the susceptibility of the student athlete to greater injury or death. (7) The failure to recognize brain injuries and the mismanagement of such injuries increases the vulnerability of a student athlete to successive injury, cumulative negative health consequences, or chronic impairment. (8) Timely recognition and response to concussions aids recovery and helps prevent successive injury, chronic impairment, or death. Only 42 percent of schools have access to an athletic trainer and only 53 percent of schools meet the nurse-to-student ratio recommended by the Federal Government. (9) Concussion treatment and management is sporadic in schools and often neglects the athlete's role as a student. (10) Medical care from hospitalization and emergency room visits due to a concussion is costly, and treatment is often arbitrary. (11) Students should gradually return to physical activity and academic activities only as the symptoms of a concussion permit because research suggests that overexertion from physical activity and academic activities exacerbates symptoms and protracts recovery time for student athletes. (12) Instituting best practices offers a reasonable means for protecting student athletes from the risks and consequences of concussions. SEC. 3. MINIMUM STATE REQUIREMENTS. Beginning with fiscal year 2013, in order to be eligible to receive funds for such year or a subsequent fiscal year under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) each State educational agency shall issue regulations establishing the following minimum requirements: (1) Local educational agency concussion safety and management plan.--Each local educational agency in the State, in consultation with members of the community in which such agency is located, shall develop and implement a standard plan for concussion safety and management that includes-- (A) the education of students, parents, and school personnel about concussions, such as-- (i) the training and certification of school personnel, including coaches, athletic trainers, and school nurses, on concussion safety and management; and (ii) using and maintaining standardized release forms, treatment plans, observation, monitoring and reporting forms, recordkeeping forms, and post-injury fact sheets; (B) supports for students recovering from a concussion, such as-- (i) guiding such student in resuming participation in athletic activity and academic activities with the help of a multi- disciplinary team, which may include-- (I) a health care professional, the parents of such student, a school nurse, or other relevant school personnel; and (II) an individual who is assigned by a public school to oversee and manage the recovery of such student; (ii) providing appropriate academic accommodations; and (iii) referring students whose symptoms of concussion reemerge or persist upon the reintroduction of cognitive and physical demands for evaluation of the eligibility of such students for services under the Individual with Disabilities Education Act (20 U.S.C. 1400 et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. 701 note et seq.); and (C) best practices designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, such as-- (i) disseminating information on concussion management safety and management to the public; and (ii) applying uniform standards for concussion safety and management to all students enrolled in public schools. (2) Posting of information on concussions.--Each public elementary school and each secondary school shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that-- (A) is based on peer-reviewed scientific evidence (such as information made available by the Centers for Disease Control and Prevention); (B) shall include-- (i) the risks posed by sustaining a concussion; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include-- (i) the definition of a concussion; (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to concussion.--If any school personnel, including coaches and athletic trainers, of a public school suspects that a student has sustained a concussion during a school-sponsored athletic activity-- (A) the student shall be-- (i) immediately removed from participation in such activity; and (ii) prohibited from returning to participate in school-sponsored athletic activities-- (I) on the day such student sustained a concussion; and (II) until such student submits a written release from a health care professional stating that the student is capable of resuming participation in school-sponsored athletic activities; and (B) such personnel shall report to the parent or guardian of such student-- (i) the date, time, and extent of the injury suffered by such student; and (ii) any actions taken to treat such student. (4) Return to athletics and academics.--Before a student who has sustained a concussion in a school-sponsored athletic activity resumes participation in school-sponsored athletic activities or academic activities, the school shall receive a written release from a health care professional, that-- (A) states that the student is capable of resuming participation in such activities; and (B) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that-- (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on such student on a progressive basis only as such increases in exertion do not cause the reemergence or worsening of symptoms of a concussion. SEC. 4. REPORT TO SECRETARY OF EDUCATION. Not later than 6 months after promulgating regulations pursuant to section 3 in order to be eligible to receive funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), each State educational agency shall submit to the Secretary of Education a report that contains-- (1) a description of the State regulations promulgated pursuant to section 3; and (2) an assurance that the State has implemented such regulations. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to alter or supersede State law with respect to education standards or procedures or civil liability. SEC. 6. DEFINITIONS. In this Act: (1) Concussion.--The term ``concussion'' means a type of traumatic brain injury that-- (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the mental state of the individual, causing the individual to experience-- (i) any period of observed or self-reported -- (I) transient confusion, disorientation, or impaired consciousness; (II) dysfunction of memory around the time of injury; and (III) loss of consciousness lasting less than 30 minutes; (ii) any one of four types of symptoms of a headache, including-- (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; and (IV) difficulty sleeping; and (C) can occur-- (i) with or without the loss of consciousness; and (ii) during participation in any organized sport or recreational activity. (2) Health care professional.--The term ``health care professional'' means a physician, nurse, certified athletic trainer, physical therapist, neuropsychologist or other qualified individual who-- (A) is a registered, licensed, certified, or otherwise statutorily recognized by the State to provide medical treatment; (B) is experienced in the diagnosis and management of traumatic brain injury among a pediatric population; and (C) may be a volunteer. (3) Local educational agency; state educational agency.-- The terms ``local educational agency'' and ``State educational agency'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) School personnel.--The term ``school personnel'' has the meaning given such term in section 4151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7161). (5) School-sponsored athletic activity.--The term ``school- sponsored athletic activity'' means-- (A) any physical education class or program of a school; (B) any athletic activity authorized during the school day on school grounds that is not an instructional activity; and (C) any extra curricular sports team, club, or league organized by a school on or off school grounds.", "summary": "Protecting Student Athletes from Concussions Act of 2010 - Requires each state educational agency, in order to be eligible to receive funds under the Elementary and Secondary Education Act of 1965 in FY2013 or subsequent fiscal years, to issue regulations establishing the following minimum requirements for the prevention and treatment of concussions. Requires each local educational agency in the state to develop and implement a standard plan for concussion safety and management that includes: (1) the education of students, parents, and school personnel about concussions; (2) supports for students recovering from a concussion; and (3) best practices designed to ensure the uniformity of safety standards, treatment, and management. Requires each public elementary and secondary school to post on school grounds and make publicly available on the school website information on concussions, including information on risks, responses, symptoms, and effects. Requires public school personnel who suspect that a student has sustained a concussion during a school-sponsored activity to: (1) remove the student from the activity and prohibit such student from participating in school athletic activities until the student submits a written release from a health care professional; and (2) report to the student's parent or guardian regarding such injury and the treatment provided. Prohibits a student who has sustained a concussion in a school-sponsored athletic activity from resuming participation in school-sponsored athletic or academic activities until the school receives a written release from a health care professional that: (1) states that the student is capable of resuming participation; and (2) may require the student to follow a plan designed to aid such individual in recovering and resuming participation in a manner that is coordinated with periods of cognitive and physical rest, and that reintroduces cognitive and physical demands on a progressive basis, based on the student's symptoms."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``TSA Office of Inspection Accountability Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Consistent with Federal law and regulations, for law enforcement officers to qualify for premium pay as criminal investigators, the officers must, in general, spend on average at least 50 percent of their time investigating, apprehending, or detaining individuals suspected or convicted of offenses against the criminal laws of the United States. (2) According to the Inspector General of the Department of Homeland Security (DHS IG), the Transportation Security Administration (TSA) does not ensure that its cadre of criminal investigators in the Office of Inspection are meeting this requirement, even though they are considered law enforcement officers under TSA policy and receive premium pay. (3) Instead, TSA criminal investigators in the Office of Inspection primarily monitor the results of criminal investigations conducted by other agencies, investigate administrative cases of TSA employee misconduct, and carry out inspections, covert tests, and internal reviews, which the DHS IG asserts could be performed by employees other than criminal investigators at a lower cost. (4) The premium pay and other benefits afforded to TSA criminal investigators in the Office of Inspection who are incorrectly classified as such will cost the taxpayer as much as $17,000,000 over 5 years if TSA fails to make any changes to the number of criminal investigators in the Office of Inspection, according to the DHS IG. (5) This may be a conservative estimate, as it accounts for the cost of Law Enforcement Availability Pay, but not the costs of law enforcement training, statutory early retirement benefits, police vehicles, and weapons. SEC. 3. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Transportation Security Administration. (2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Homeland Security (Transportation Security) of the Department of Homeland Security. (3) Inspector general.--The term ``Inspector General'' means the Inspector General of the Department of Homeland Security. SEC. 4. INSPECTOR GENERAL REVIEW. (a) Review.--Not later than 60 days after the date of the enactment of this Act, the Inspector General shall analyze the data and methods that the Assistant Secretary uses to identify employees of the Administration who meet the requirements of sections 8331(20), 8401(17), and 5545a of title 5, United States Code, and provide the relevant findings to the Assistant Secretary, including a finding on whether the data and methods are adequate and valid. (b) Prohibition on Hiring.--If the Inspector General finds that such data and methods are inadequate or invalid, the Administration may not hire any new employee to work in the Office of Inspection of the Administration until-- (1) the Assistant Secretary makes a certification described in section 5 to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Inspector General submits to such Committees a finding, not later than 30 days after the Assistant Secretary makes such certification, that the Assistant Secretary utilized adequate and valid data and methods to make such certification. SEC. 5. TSA OFFICE OF INSPECTION WORKFORCE CERTIFICATION. (a) Certification to Congress.--The Assistant Secretary shall, by not later than 90 days after the date the Inspector General provides its findings to the Assistant Secretary under section 4(a), document and certify in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that only those employees of the Administration who meet the requirements of sections 8331(20), 8401(17), and 5545a of title 5, United States Code, are classified as criminal investigators and are receiving premium pay and other benefits associated with such classification. (b) Employee Reclassification.--The Assistant Secretary shall reclassify criminal investigator positions in the Office of Inspection as noncriminal investigator positions or non-law enforcement positions if the individuals in those positions do not, or are not expected to, spend an average of at least 50 percent of their time performing criminal investigative duties. (c) Projected Cost Savings.-- (1) In general.--The Assistant Secretary shall estimate the total long-term cost savings to the Federal Government resulting from the implementation of subsection (b), and provide such estimate to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate by not later than 180 days after the date of enactment of this Act. (2) Contents.--Such estimate shall identify savings associated with the positions reclassified under subsection (b) and include, among other factors the Assistant Secretary considers appropriate, savings from-- (A) law enforcement training; (B) early retirement benefits; (C) law enforcement availability pay; and (D) weapons, vehicles, and communications devices. SEC. 6. INVESTIGATION OF FEDERAL AIR MARSHAL SERVICE USE OF FEDERAL FIREARMS LICENSE. Not later than 90 days after the date of the enactment of this Act, or as soon as practicable, the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate-- (1) any materials in the possession or control of the Department of Homeland Security associated with the Office of Inspection's review of the use of a Federal firearms license by Federal Air Marshal Service officials to obtain discounted or free firearms for personal use; and (2) information on specific actions that will be taken to prevent Federal Air Marshal Service officials from using a Federal firearms license, or exploiting, in any way, the Service's relationships with private vendors to obtain discounted or free firearms for personal use. Passed the House of Representatives July 22, 2014. Attest: KAREN L. HAAS, Clerk.", "summary": "(This measure has not been amended since it was reported to the House on July 3, 2014. TSA Office of Inspection Accountability Act of 2014 - (Sec. 4) Directs the Inspector General of the Department of Homeland Security (DHS) to: (1) analyze the data and methods that the Assistant Secretary of Homeland Security (Transportation Security) uses to identify Transportation Security Administration (TSA) law enforcement officer and criminal investigators; and (2) provide relevant findings to the Assistant Secretary, including regarding whether the data and methods are adequate and valid. Prohibits TSA from hiring any new employee to work in its Office of Inspection if the Inspector General finds that such data and methods are inadequate or invalid, until: (1) the Assistant Secretary makes a certification to the House Committee on Homeland Security and the Senate Committee on Commerce, Science, and Transportation that only TSA employees who meet such requirements are classified as criminal investigators and are receiving premium pay and other benefits associated with such classification; and (2) the Inspector General submits a finding that the Assistant Secretary utilized adequate and valid data and methods to make such certification. (Sec. 5) Directs the Assistant Secretary to: (1) reclassify criminal investigator positions in the Office of Inspection as noncriminal investigator positions or non-law enforcement positions if the individuals in those positions do not, or are not expected to, spend an average of at least 50% of their time performing criminal investigative duties; and (2) estimate the total long-term cost savings to the federal government resulting from such reclassification and provide such estimate to such committees. Requires such estimate to identify savings associated with the positions reclassified, including savings from: law enforcement training, early retirement benefits, law enforcement availability pay, weapons, vehicles, and communications devices. (Sec. 6) Directs the Assistant Secretary to submit to such committees: (1) any materials in the possession or control of DHS associated with the Office of Inspection's review of the use of a federal firearms license by Federal Air Marshal Service officials to obtain discounted or free firearms for personal use; and (2) information on specific actions that will be taken to prevent Service officials from using a federal firearms license, or exploiting the Service's relationships with private vendors, to obtain discounted or free firearms for personal use."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Marian Anderson Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Marian Anderson, one of the world's greatest singers, a champion for civil rights, and a leader in the advancement of global peace, was born on February 27, 1897, in Philadelphia, Pennsylvania; (2) Marian Anderson, a master of repertoire actress operatic, recital, and American traditional genres, played a vital role in the acceptance of African-American musicians in the classical music world; (3) in 1963, Marian Anderson was given a Presidential Medal of Freedom; (4) in 1974, Congress passed a resolution to have a special gold medal minted in her name; (5) in 1977, Marian Anderson, who was an alternate delegate to the United Nations, received the U.N. Peace Prize; (6) in 1986, Marian Anderson was awarded the National Arts Medal; and (7) 1997 will mark the centennial of the birth of Marian Anderson. TITLE I--COMMEMORATIVE COINS SEC. 101. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the centennial of the birth of Marian Anderson, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue-- (1) not more than 350,000 $1 coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper; and (2) not more than 350,000 half dollar coins, each of which shall-- (A) weigh 12.50 grams; (B) have a diameter of 1.205 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this title shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this title shall be considered to be numismatic items. SEC. 102. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this title only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 103. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this title shall be emblematic of the many accomplishments of Marian Anderson throughout her prolific life. (2) Designation and inscriptions.--On each coin minted under this title there shall be-- (A) a designation of the value of the coin; (B) an inscription of the years ``1897-1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this title shall bear the likeness of Marian Anderson. (b) Design Competition.--Before the end of the 3-month period beginning on the date of enactment of this Act, the Secretary shall conduct an open design competition for the design of the obverse and the reverse of the coins minted under this title. (c) Selection.--The design for the coins minted under this title shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 104. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this title shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this title. (c) Commencement of Issuance.--The Secretary may issue coins minted under this title beginning on and after the date of enactment of this Act. (d) Termination of Minting Authority.--No coins may be minted under this title after July 31, 1998. SEC. 105. SALE OF COINS. (a) Sale Price.--The coins issued under this title shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this title at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this title before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales of coins minted under this title shall include a surcharge of-- (1) $14 per coin for the $1 coin; and (2) $7 per coin for the half dollar coin. SEC. 106. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this title. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this title from complying with any law relating to equal employment opportunity. SEC. 107. DISTRIBUTION OF SURCHARGES. (a) In General.--Subject to section 5134(f) of title 31, United States Code, the first $2,000,000 of the surcharges received by the Secretary from the sale of coins issued under this title shall be promptly paid by the Secretary as follows: (1) Smithsonian institution.--50 percent to the Board of Regents of the Smithsonian Institution, for exhibits on African-American art, history, and culture. (2) Corporation for public broadcasting.--50 percent to the Public Broadcasting Fund established under section 396(k) of the Communications Act of 1934 (47 U.S.C. 396(k)), for educational programs on African-American art, history, and culture and on the life of Marian Anderson. (b) Excess Payable to the National Numismatic Collection.--After payment of the amounts required under subsection (a), the Secretary shall pay the remaining surcharges to the National Museum of American History in Washington, D.C., for the support of the National Numismatic Collection at the museum. (c) Audits.--Each organization that receives any payment from the Secretary under this section shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. SEC. 108. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this title will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this title unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. TITLE II--CIRCULATING COINS SEC. 201. AUTHORITY TO REDESIGN HALF DOLLAR CIRCULATING COINS. Section 5112(d) of title 31, United States Code, is amended by inserting after the 6th sentence the following: ``At the discretion of the Secretary, half dollar coins minted after December 31, 1996, and before July 31, 1998, may bear the same design as the commemorative coins minted under title I of the Marian Anderson Centennial Commemorative Coin Act, as established under section 103 of that Act.''.", "summary": "TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Marian Anderson Centennial Commemorative Coin Act - Title I: Commemorative Coins - Instructs the Secretary of the Treasury to: (1) mint and issue one-dollar and half-dollar coins in commemoration of the centennial of the birth of Marian Anderson; and (2) allocate sales surcharges to the Smithsonian Institution, the Public Broadcasting Fund, and the National Museum of American History for the support of the National Numismatic Collection. Title II: Circulating Coins - Amends Federal currency law to provide that at the Secretary's discretion, half-dollar coins minted after specified dates may bear the same design as the commemorative coins minted under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinated Recovery Initiative for Babies Act of 2014'' or the ``CRIB Act of 2014''. SEC. 2. IDENTIFICATION, TREATMENT, AND SURVEILLANCE OF NEONATAL ABSTINENCE SYNDROME. (a) Study.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall conduct a study to identify-- (1) the most effective and beneficial methods that are currently available to identify the need for treating and best treatment methods for, infants diagnosed with neonatal abstinence syndrome; (2) barriers, including associated costs and limitations or disparities in the availability or scope of health insurance coverage, that may hinder the clinical use of best practices by medical professionals and other health care providers for the identification and treatment of neonatal abstinence syndrome; (3) circumstances, such as populations with unique needs and health care settings with limited resources, that may require particularized best practices for medical professionals and other health care providers for the identification and treatment of neonatal abstinence syndrome; (4) existing surveillance measures within the Department of Health and Human Services (in this Act referred to as the ``Department'') and in State health agencies relating to neonatal abstinence syndrome; and (5) areas in which information on neonatal abstinence syndrome and its surrounding circumstances is insufficient, incomplete, or requires further study or analysis. (b) Advisory Panel.-- (1) Establishment.--The Secretary shall convene an advisory panel (in this section referred to as the ``Panel'') to identify and compile the best practices under subsection (c). The Secretary shall reconvene the Panel for such purpose whenever the Secretary, with the advice of the Panel, determines updates are needed to the list of best practices under subsection (e), but no less than every 2 years. (2) Members.--The Panel shall be composed of 19 members, all of whom shall be medical professionals or health care providers with expertise in neonatal abstinence syndrome. Members shall represent the broad range of such professionals and providers necessary to identify and compile the best practices for identification and treatment of neonatal abstinence syndrome, including representatives of-- (A) The American Academy of Family Physicians. (B) The American Academy of Pediatrics. (C) The American Academy of Physician Assistants. (D) The American College of Nurse-Midwives. (E) The American College of Obstetricians and Gynecologists. (F) The American Hospital Association. (G) The American Medical Association. (H) The American Nurses Association. (I) The American Pharmacists Association. (J) The American Public Health Association. (K) The American Society for Addiction Medicine. (L) The American Society of Anesthesiologists. (M) The Association of State and Territorial Health Professionals. (N) The Association of Women's Health, Obstetric, and Neonatal Nurses. (O) The Children's Hospital Association. (P) The National Association of Medicaid Directors. (Q) The National Association of Nurse Practitioners in Women's Health. (R) The National Association of Pediatric Nurse Practitioners. (S) The National Association of Social Workers. (3) Administrative support.--The Secretary shall provide appropriate administrative support, including technical assistance, to the Panel. (c) Best Practices; Plan; Report.--Not later than 12 months after the date of enactment of this Act, the Secretary shall-- (1)(A) identify and compile the best practices for medical professionals and other health care providers for identifying and treating neonatal abstinence syndrome; and (B) identify any gaps in best practices for medical professionals and other health care providers that may require additional research or analysis; (2) develop and implement a plan for the coordination and, if necessary, expansion and enhancement of public health surveillance of neonatal abstinence syndrome that-- (A) identifies the data necessary for a public health response to neonatal abstinence syndrome; (B) identifies any gaps in current surveillance or coordination that results in the lack of collection of such data, including a lack of timeliness or standardization of data reporting; (C) makes recommendations and provides assistance to the States to implement effective measures to collect such necessary data by State health agencies; and (D) designates an appropriate agency in the Department to coordinate such data; and (3) not later than 18 months after the date of enactment of this Act, submit to the Congress a report containing the Secretary's findings and identifying issues that-- (A) relate to neonatal abstinence syndrome, including its causes, identification, treatment, prevalence, and effects; and (B) public health issues related to neonatal abstinence syndrome that would benefit from further study. (d) Dissemination of Best Practices.--The Secretary-- (1) shall disseminate the best practices identified and compiled under subsection (c), including any updates under subsection (e), directly or through arrangements with nonprofit organizations, government agencies, or the media; (2) shall post such best practices on the public Internet site of the Department; and (3) may include in such dissemination any supplemental information which the Secretary determines to be relevant and appropriate, in consultation with the Panel. (e) Updates to Best Practices.--The Secretary shall periodically, but no less often than every 2 years, review the best practices identified under subsection (c) to ensure that such best practices are up-to-date and reflect the views of the medical community, including organizations listed in subsection (b)(2). (f) Appropriate Agency.--In designating an appropriate agency within the Department under subsection (c), the Secretary shall consider, among other factors, agency resources, purpose, expertise, and capability to conduct public health programs and research.", "summary": "Coordinated Recovery Initiative for Babies Act of 2014 or the CRIB Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to study the treatment and surveillance of, and available information concerning, neonatal abstinence syndrome (a group of problems occurring in a newborn who was exposed to addictive drugs while in the mother's womb). Requires the Secretary to establish an advisory panel to identify and compile best practices and to disseminate the practices, including through the public HHS website. Requires a review of the best practices at least every two years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cures Can Be Found Act of 2005''. SEC. 2. QUALIFIED STEM CELL CREDITS. (a) Personal Credit for Qualified Stem Cell Research, Storage, and Donation.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. QUALIFIED STEM CELL RESEARCH, STORAGE, AND DONATION CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter-- ``(1) an amount equal to the qualified stem cell research and storage contribution paid by the taxpayer during a taxable year, and ``(2) $2,000 for each qualified umbilical cord blood donation made by the taxpayer during a taxable year. ``(b) Qualified Stem Cell Research and Storage Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified stem cell research and storage contribution' means the amounts donated by the taxpayer to an eligible facility for the purpose of promoting qualified stem cell research or the storage of qualified stem cells. ``(2) Qualified stem cell.--For purposes of this section, the term `qualified stem cell' means a human stem cell obtained from a human placenta, umbilical cord blood, an organ or tissue of a living or deceased human being who has been born, or an organ or tissue of unborn human offspring who died of natural causes (such as spontaneous abortion). ``(3) Eligible facility.--The term `eligible facility' means a research institution or storage facility that does not engage in research relating to stem cells derived from human embryos and does not store stem cells derived from human embryos. ``(c) Qualified Umbilical Cord Blood Donation.--For purposes of this section, the term `qualified umbilical cord blood donation' means the donation by the taxpayer, on the occasion of the birth of a child of the taxpayer, of-- ``(1) the neonatal blood remaining in the placenta and umbilical cord after separation of the mother from the newborn baby, or ``(2) any other part of the umbilical cord. ``(d) Filing Requirements.-- ``(1) Married individuals.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a)(2) only if-- ``(A) the taxpayer and his spouse file a joint return for the taxable year, or ``(B) the taxpayer is the mother of the child referred to in subsection (c). ``(2) Individuals who are not married.--If the taxpayer is not married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer is the mother of the child referred to in subsection (c). ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married.''. (b) Business Related Credit for Qualified Research and Storage.-- Subpart D of part IV of subchapter 1 of such Code is amended by inserting after section 45I the following new section: ``SEC. 45J. QUALIFIED STEM CELL RESEARCH AND STORAGE CREDITS. ``(a) General Rule.--For purposes of section 38-- ``(1) Qualified stem cell research credit.--The qualified stem cell research credit determined under this paragraph for any taxable year is equal to 100 percent of the expenses paid or incurred by the taxpayer during the taxable year that are directly related to qualified stem cell research. ``(2) Qualified stem cell storage credit.--The qualified stem cell storage credit determined under this paragraph for any taxable year is equal to-- ``(A) 50 percent of the expenses paid or incurred by the taxpayer during the taxable year to establish a storage facility for qualified stem cells, and ``(B) 20 percent of the expenses paid or incurred by the taxpayer during the taxable year to maintain the storage facility described in subparagraph (A). ``(b) Limitation.--With respect to a qualified stem cell storage facility for which an amount determined under subparagraph (A) of subsection (a)(2) has been allowed as a credit in a taxable year, the amount determined under such subparagraph with respect to such storage facility in a subsequent taxable year shall be zero. ``(c) Qualified Stem Cell.--For purposes of this section, the term `qualified stem cell' means a human stem cell obtained from a human placenta, umbilical cord blood, an organ or tissue of a living or deceased human being who has been born, or an organ or tissue of unborn human offspring who died of natural causes (such as spontaneous abortion).''. (c) Conforming Amendments.-- (1) Section 38(b) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following: ``(20) the qualified stem cell research and storage credits determined under section 45J(a).''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Qualified stem cell research, storage, and donation credit.''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 45J. Qualified stem cell research and storage credits.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.", "summary": "Cures Can Be Found Act of 2005 - Amends the Internal Revenue Code to allow tax credits for donations: (1) to stem cell research or storage facilities; (2) of umbilical cord blood. Allows credits only for donations to facilities that do not engage in research on stem cells derived from human embryos. Allows a business tax credit for stem cell research and storage expenses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American 5-Cent Coin Design Continuity Act of 2003''. TITLE I--UNITED STATES 5-CENT COIN DESIGN CONTINUITY SEC. 101. DESIGNS ON THE 5-CENT COIN. (a) In General.--Subject to subsection (b) and after consulting with the Citizens Coinage Advisory Committee and the Commission of Fine Arts, the Secretary of the Treasury may change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003, 2004, and 2005 in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark. (b) Design Specifications.-- (1) Obverse.--If the Secretary of the Treasury elects to change the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall depict a likeness of President Thomas Jefferson, different from the likeness that appeared on the obverse of the 5- cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and the commissioning of the Lewis and Clark expedition. (2) Reverse.--If the Secretary of the Treasury elects to change the reverse of the 5-cent coins issued during 2003, 2004, and 2005, the design selected shall depict images that are emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark. (3) Other inscriptions.--5-cent coins issued during 2003, 2004, and 2005 shall continue to meet all other requirements for inscriptions and designations applicable to circulating coins under section 5112(d)(1) of title 31, United States Code. SEC. 102. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE RECOGNITION OF THE BICENTENNIAL OF THE LOUISIANA PURCHASE AND THE LEWIS AND CLARK EXPEDITION. (a) In General.--Section 5112(d)(1) of title 31, United States Code, is amended by inserting after the 4th sentence the following new sentence: ``Subject to other provisions of this subsection, the obverse of any 5-cent coin issued after December 31, 2005, shall bear the likeness of Thomas Jefferson and the reverse of any such 5-cent coin shall bear an image of the home of Thomas Jefferson at Monticello.''. (b) Design Consultation.--The 2d sentence of section 5112(d)(2) of title 31, United States Code, is amended by inserting ``, after consulting with the Citizens Coinage Advisory Committee and the Commission of Fine Arts,'' after ``The Secretary may''. SEC. 103. CITIZENS COINAGE ADVISORY COMMITTEE. (a) In General.--Section 5135 of title 31, United States Code, is amended to read as follows: ``Sec. 5135. Citizens Coinage Advisory Committee ``(a) Establishment.-- ``(1) In general.--There is hereby established the Citizens Coinage Advisory Committee (in this section referred to as the `Advisory Committee') to advise the Secretary of the Treasury on the selection of themes and designs for coins. ``(2) Oversight of advisory committee.--The Advisory Committee shall be subject to the authority of the Secretary of the Treasury (hereafter in this section referred to as the `Secretary'). ``(b) Membership.-- ``(1) Appointment.--The Advisory Committee shall consist of 11 members appointed by the Secretary as follows: ``(A) Seven persons appointed by the Secretary-- ``(i) one of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience as a nationally or internationally recognized curator in the United States of a numismatic collection; ``(ii) one of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their experience in the medallic arts or sculpture; ``(iii) one of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in American history; ``(iv) one of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in numismatics; and ``(v) three of whom shall be appointed from among individuals who can represent the interests of the general public in the coinage of the United States. ``(B) Four persons appointed by the Secretary on the basis of the recommendations of the following officials who shall make the selection for such recommendation from among citizens whoare specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience: ``(i) One person recommended by the Speaker of the House of Representatives. ``(ii) One person recommended by the minority leader of the House of Representatives. ``(iii) One person recommended by the majority leader of the Senate. ``(iv) One person recommended by the minority leader of the Senate. ``(2) Terms.-- ``(A) In general.--Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. ``(B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the members first appointed-- ``(i) four of the members appointed under paragraph (1)(A) shall be appointed for a term of 4 years; ``(ii) the four members appointed under paragraph (1)(B) shall be appointed for a term of 3 years; and ``(iii) three of the members appointed under paragraph (1)(A) shall be appointed for a term of 2 years. ``(3) Preservation of public advisory status.--No individual may be appointed to the Advisory Committee while serving as an officer or employee of the Federal Government. ``(4) Continuation of service.--Each appointed member may continue to serve for up to 6 months after the expiration of the term of office to which such member was appointed until a successor has been appointed. ``(5) Vacancy and removal.-- ``(A) In general.--Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. ``(B) Removal.--Advisory Committee members shall serve at the discretion of the Secretary and may be removed at any time for good cause. ``(6) Chairperson.--The Chairperson of the Advisory Committee shall be appointed for a term of 1 year by the Secretary from among the members of the Advisory Committee. ``(7) Pay and expenses.--Members of the Advisory Committee shall serve without pay for such service but each member of the Advisory Committee shall be reimbursed from the United States Mint Public Enterprise Fund for travel, lodging, meals, and incidental expenses incurred in connection with attendance of such members at meetings of the Advisory Committee in the same amounts and under the same conditions as employees of the United States Mint who engage in official travel, as determined by the Secretary. ``(8) Meetings.-- ``(A) In general.--The Advisory Committee shall meet at the call of the Secretary, the chairperson, or a majority of the members, but not less frequently than twice annually. ``(B) Open meetings.--Each meeting of the Advisory Committee shall be open to the public. ``(C) Prior notice of meetings.--Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register, and timely notice of each meeting shall be made to trade publications and publications of general circulation. ``(9) Quorum.--Seven members of the Advisory Committee shall constitute a quorum. ``(c) Duties of the Advisory Committee.--The duties of the Advisory Committee are as follows: ``(1) Advising the Secretary of the Treasury on any theme or design proposals relating to circulating coinage, bullion coinage, congressional gold medals and national and other medals produced by the Secretary of the Treasury in accordance with section 5111 of title 31, United States Code. ``(2) Advising the Secretary of the Treasury with regard to-- ``(A) the events, persons, or places that the Advisory Committee recommends be commemorated by the issuance of commemorative coins in each of the 5 calendar years succeeding the year in which a commemorative coin designation is made; ``(B) the mintage level for any commemorative coin recommended under subparagraph (A); and ``(C) the proposed designs for commemorative coins. ``(d) Expenses.--The expenses of the Advisory Committee that the Secretary of the Treasury determines to be reasonable and appropriate shall be paid by the Secretary from the United States Mint Public Enterprise Fund. ``(e) Administrative Support, Technical Services, and Advice.--Upon the request of the Advisory Committee, or as necessary for the Advisory Committee to carry out the responsibilities of the Advisory Committee under this section, the Director of the United States Mint shall provide to the Advisory Committee the administrative support, technical services, and advice that the Secretary of the Treasury determines to be reasonable and appropriate. ``(f) Consultation Authority.--In carrying out the duties of the Advisory Committee under this section, the Advisory Committee may consult with the Commission of Fine Arts. ``(g) Annual Report.-- ``(1) Required.--Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretary, the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. Should circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretary shall advise the Chairpersons of the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate of the reasons for such delay and the date on which the submission of the report is anticipated. ``(2) Contents.--The report required by paragraph (1) shall describe the activities of the Advisory Committee during the preceding year and the reports and recommendations made by the Advisory Committee to the Secretary of the Treasury. ``(h) Federal Advisory Committee Act Does Not Apply.--Subject to the requirements of subsection (b)(8), the Federal Advisory Committee Act shall not apply with respect to the Committee.''. (b) Abolishment of Citizens Commemorative Coin Advisory Committee.--Effective on the date of the enactment of this Act, the Citizens CommemorativeCoin Advisory Committee (established by section 5135 of title 31, United States Code, as in effect before the amendment made by subsection (a)) is hereby abolished. (c) Continuity of Members of Citizens Commemorative Coin Advisory Committee.--Subject to paragraphs (1) and (2) of section 5135(b) of title 31, United States Code, any person who is a member of the Citizens Commemorative Coin Advisory Committee on the date of the enactment of this Act, other than the member of such committee who is appointed from among the officers or employees of the United States Mint, may continue to serve the remainder of the term to which such member was appointed as a member of the Citizens Coinage Advisory Committee in one of the positions as determined by the Secretary. (d) Technical and Conforming Amendments.-- (1) Section 5112(l)(4)(A)(ii) of title 31, United States Code, is amended by striking ``Citizens Commemorative Coin Advisory Committee'' and inserting ``Citizens Coinage Advisory Committee''. (2) Section 5134(c) of title 31, United States Code, is amended-- (A) by striking paragraph (4); and (B) by redesignating paragraph (5) as paragraph (4). TITLE II--TECHNICAL AND CLARIFYING PROVISIONS SEC. 201. CLARIFICATION OF EXISTING LAW. (a) In General.--Section 5134(f)(1) of title 31, United States Code, is amended to read as follows: ``(1) Payment of surcharges.-- ``(A) In general.--Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall be paid from the fund to any designated recipient organization unless-- ``(i) all numismatic operation and program costs allocable to the program under which such numismatic item is produced and sold have been recovered; and ``(ii) the designated recipient organization submits an audited financial statement that demonstrates, to the satisfaction of the Secretary, that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the organization has raised funds from private sources for such projects and purposes in an amount that is equal to or greater than the total amount of the proceeds of such surcharge derived from the sale of such numismatic item. ``(B) Unpaid amounts.--If any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item that may otherwise be paid from the fund, under any provision of law relating to such numismatic item, to any designated recipient organization remains unpaid to such organization solely by reason of the matching fund requirement contained in subparagraph (A)(ii) after the end of the 2-year period beginning on the later of-- ``(i) the last day any such numismatic item is issued by the Secretary; or ``(ii) the date of the enactment of the American 5-Cent Coin Design Continuity Act of 2003, such unpaid amount shall be deposited in the Treasury as miscellaneous receipts.''. (b) Effective Date.--The amendment made by subsection (a) shall apply as of the date of the enactment of Public Law 104-208. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the House on February 26, 2003. The summary of that version is repeated here.) American 5-Cent Coin Design Continuity Act of 2003 - Title I: United States American 5-Cent Coin Design Continuity - (Sec. 101) Authorizes the Secretary of the Treasury to change the design on the obverse and reverse sides of five-cent coins issued in 2003, 2004, and 2005, in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark.States that if the Secretary elects to change: (1) the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall depict a likeness of President Thomas Jefferson, different from the likeness that appeared on the obverse of the 5-cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and the commissioning of the Lewis and Clark expedition; and (2) the reverse of the 5-cent coins issued during such years, the design selected shall depict images emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark. (Sec. 102) Requires the obverse of any 5-cent coin issued after December 31, 2005, to bear the likeness of Thomas Jefferson and the reverse of such coin bear an image of the home of Thomas Jefferson at Monticello. (Sec. 103) Establishes a seven-member Coin Design Advisory Committee to advise the Secretary on coin themes and designs.Abolishes the Citizens Commemorative Coin Advisory Committee. Authorizes certain Committee members to continue serving the remainder of their appointed term as a member of the Citizens Coinage Advisory Committee as determined by the Secretary.Title II: Technical and Clarifying Provisions - (Sec. 201) Amends Federal law to revise the requirements for payment of surcharges to recipient organizations.Requires deposit into the Treasury as unpaid receipts certain unpaid amounts derived from surcharge proceeds."}
{"article": "SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Growing Our Manufacturing Employment Act'' or the ``GoMe Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. MANUFACTURER'S JOBS CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45O. MANUFACTURER'S JOBS CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of an eligible taxpayer, the manufacturer's jobs credit determined under this section is an amount equal to the lesser of the following: ``(1) The excess of the W-2 wages paid by the taxpayer during the taxable year over the W-2 wages paid by the taxpayer during the preceding taxable year. ``(2) The W-2 wages paid by the taxpayer during the taxable year to any employee who is an eligible TAA recipient (as defined in section 35(c)(2)) or an eligible alternative TAA recipient (as defined in section 35(c)(3)) for any month during such taxable year. ``(3) 31.7 percent of the W-2 wages paid by the taxpayer during the taxable year. ``(b) Limitation.--The amount of credit determined under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this subsection) as-- ``(1) the excess of the W-2 wages paid by the taxpayer to employees outside the United States during the taxable year over such wages paid during the most recent taxable year ending before the date of the enactment of this section, bears to ``(2) the excess of the W-2 wages paid by the taxpayer to employees within the United States during the taxable year over such wages paid during such most recent taxable year. ``(c) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any taxpayer-- ``(1) which has domestic production gross receipts for the taxable year and the preceding taxable year, and ``(2) which is not treated at any time during the taxable year as an inverted domestic corporation under section 7874. ``(d) Definitions.--For purposes of this section, W-2 wages and domestic production gross receipts shall be determined in the same manner as under section 199. ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2009.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following: ``(32) the manufacturer's jobs credit determined under section 45O.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following: ``Sec. 45O. Manufacturer's jobs credit''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41(h)(1)(B) is amended by striking ``2007'' and inserting ``2012''. (b) Conforming Amendment.--Section 45C(b)(1)(D) is amended by striking ``2007'' and inserting ``2012''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2007. SEC. 4. CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE. (a) In General.--Section 7701 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Clarification of Economic Substance Doctrine; Etc.-- ``(1) General rules.-- ``(A) In general.--In any case in which a court determines that the economic substance doctrine is relevant for purposes of this title to a transaction (or series of transactions), such transaction (or series of transactions) shall have economic substance only if the requirements of this paragraph are met. ``(B) Definition of economic substance.--For purposes of subparagraph (A)-- ``(i) In general.--A transaction has economic substance only if-- ``(I) the transaction changes in a meaningful way (apart from Federal tax effects) the taxpayer's economic position, and ``(II) the taxpayer has a substantial nontax purpose for entering into such transaction and the transaction is a reasonable means of accomplishing such purpose. In applying subclause (II), a purpose of achieving a financial accounting benefit shall not be taken into account in determining whether a transaction has a substantial nontax purpose if the origin of such financial accounting benefit is a reduction of income tax. ``(ii) Special rule where taxpayer relies on profit potential.--A transaction shall not be treated as having economic substance by reason of having a potential for profit unless-- ``(I) the present value of the reasonably expected pre-tax profit from the transaction is substantial in relation to the present value of the expected net tax benefits that would be allowed if the transaction were respected, and ``(II) the reasonably expected pre- tax profit from the transaction exceeds a risk-free rate of return. ``(C) Treatment of fees and foreign taxes.--Fees and other transaction expenses and foreign taxes shall be taken into account as expenses in determining pre- tax profit under subparagraph (B)(ii). ``(2) Special rules for transactions with tax-indifferent parties.-- ``(A) Special rules for financing transactions.-- The form of a transaction which is in substance the borrowing of money or the acquisition of financial capital directly or indirectly from a tax-indifferent party shall not be respected if the present value of the deductions to be claimed with respect to the transaction is substantially in excess of the present value of the anticipated economic returns of the person lending the money or providing the financial capital. A public offering shall be treated as a borrowing, or an acquisition of financial capital, from a tax- indifferent party if it is reasonably expected that at least 50 percent of the offering will be placed with tax-indifferent parties. ``(B) Artificial income shifting and basis adjustments.--The form of a transaction with a tax- indifferent party shall not be respected if-- ``(i) it results in an allocation of income or gain to the tax-indifferent party in excess of such party's economic income or gain, or ``(ii) it results in a basis adjustment or shifting of basis on account of overstating the income or gain of the tax-indifferent party. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Economic substance doctrine.--The term `economic substance doctrine' means the common law doctrine under which tax benefits under subtitle A with respect to a transaction are not allowable if the transaction does not have economic substance or lacks a business purpose. ``(B) Tax-indifferent party.--The term `tax- indifferent party' means any person or entity not subject to tax imposed by subtitle A. A person shall be treated as a tax-indifferent party with respect to a transaction if the items taken into account with respect to the transaction have no substantial impact on such person's liability under subtitle A. ``(C) Exception for personal transactions of individuals.--In the case of an individual, this subsection shall apply only to transactions entered into in connection with a trade or business or an activity engaged in for the production of income. ``(D) Treatment of lessors.--In applying paragraph (1)(B)(ii) to the lessor of tangible property subject to a lease-- ``(i) the expected net tax benefits with respect to the leased property shall not include the benefits of-- ``(I) depreciation, ``(II) any tax credit, or ``(III) any other deduction as provided in guidance by the Secretary, and ``(ii) subclause (II) of paragraph (1)(B)(ii) shall be disregarded in determining whether any of such benefits are allowable. ``(4) Other common law doctrines not affected.--Except as specifically provided in this subsection, the provisions of this subsection shall not be construed as altering or supplanting any other rule of law, and the requirements of this subsection shall be construed as being in addition to any such other rule of law. ``(5) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection. Such regulations may include exemptions from the application of this subsection.''. (b) Effective Date.--The amendments made by this section shall apply to transactions entered into after the date of the enactment of this Act.", "summary": "Growing Our Manufacturing Employment Act or the GoMe Act - Amends the Internal Revenue Code to: (1) allow certain employers with domestic production gross receipts in the current and preceding taxable year a manufacturer's jobs tax credit through 2009 for annual increases in wages paid to their employees and to employees eligible for benefits under the Trade Adjustment Act; (2) extend through 2012 the tax credit for increasing research expenses; and (3) set forth rules for the application of the economic substance doctrine."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Integrity Act of 2016''. SEC. 2. PUBLICATION OF INFORMATION RELATING TO PENDING REGULATORY ACTIONS. (a) Amendment.--Chapter 3 of title 5, United States Code, is amended by inserting after section 306 the following new section: ``Sec. 307. Information regarding pending agency regulatory action ``(a) Definitions.--In this section: ``(1) Agency regulatory action.--The term `agency regulatory action' means guidance, policy statement, directive, rule making, or adjudication issued by an Executive agency. ``(2) Aggrandizement.--The term `aggrandizement' means-- ``(A) any communication emphasizing the importance of the Executive agency or agency regulatory action that does not have the clear purpose of informing the public of the substance or status of the Executive agency or agency regulatory action; or ``(B) any communication that is puffery. ``(3) Public communication.--The term `public communication'-- ``(A) means any method (including written, oral, or electronic) of disseminating information to the public, including an agency statement (written or verbal), blog, video, audio recording, or other social media message; and ``(B) does not include a notice published in the Federal Register pursuant to section 553 or any requirement to publish pursuant to this section. ``(4) Rule making.--The term `rule making' has the meaning given that term under section 551. ``(b) Information To Be Posted Online.-- ``(1) Requirement.--The head of each Executive agency shall make publicly available in a searchable format in a prominent location either on the website of the Executive agency or in the rule making docket on Regulations.gov the following information: ``(A) Pending agency regulatory action.--A list of each pending agency regulatory action and with regard to each such action-- ``(i) the date on which the Executive agency first began to develop or consider the agency regulatory action; ``(ii) the status of the agency regulatory action; ``(iii) an estimate of the date of upon which the agency regulatory action will be final and in effect; ``(iv) a brief description of the agency regulatory action; ``(v) if applicable, a list of agency regulatory actions issued by the Executive agency, or any other Executive agency, that duplicate or overlap with the agency regulatory action; and ``(vi) if a regulatory impact analysis or similar cost-benefit analysis has been conducted, the findings of such analysis, including any data or formula used for purposes of such analysis. ``(B) Public communication.--For each pending agency regulatory action, a list of each public communication about the pending agency regulatory action issued by the Executive agency and with regard to each such communication-- ``(i) the date of the communication; ``(ii) the intended audience of the communication; ``(iii) the method of communication; and ``(iv) a copy of the original communication. ``(2) Period.--The head of each Executive agency shall publish the information required under paragraph (1)(A) not later than 24 hours after a public communication relating to a pending agency regulatory action is issued and shall maintain the public availability of such information not less than 5 years after the date on which the pending agency regulatory action is finalized. ``(c) Requirements for Public Communications.--Any public communication issued by an Executive agency that refers to a pending agency regulatory action-- ``(1) shall specify whether the Executive agency is considering alternatives, including alternatives that may conflict with the intent, objective, or methodology of such agency regulatory action; ``(2) shall specify whether the Executive agency is accepting or will be accepting comments; ``(3) shall expressly disclose that the Executive agency is the source of the information to the intended recipients; and ``(4) may not-- ``(A) solicit support for or promote the pending agency regulatory action; ``(B) be sent through the private email account of an officer or employee of the Executive agency; or ``(C) include statements of aggrandizement for the Executive agency, any Federal employee, or the pending agency regulatory action. ``(d) Reporting.-- ``(1) In general.--Not later than January 15 of each year, the head of an Executive agency that communicated about a pending agency regulatory action during the previous fiscal year shall submit to each committee of Congress with jurisdiction over the activities of the Executive agency a report indicating-- ``(A) the number pending agency regulatory actions the Executive agency issued public communications about during that fiscal year; ``(B) the average number of public communications issued by the Executive agency for each pending agency regulatory action during that fiscal year; ``(C) the 5 pending agency regulatory actions with the highest number of public communications issued by the Executive agency in that fiscal year; and ``(D) a copy of each public communication for the pending agency regulatory actions identified in subparagraph (C). ``(2) Availability of reports.--The head of an Executive agency that is required to submit a report under paragraph (1) shall make the report publicly available in a searchable format in a prominent location on the website of the Executive agency.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding after the item relating to section 306 the following new item: ``307. Information regarding pending agency regulatory action.''. Passed the House of Representatives September 14, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": "Regulatory Integrity Act of 2016 (Sec. 2) This bill directs each executive agency to make publicly available on the agency website or in the rule making docket on Regulations.gov a list of pending agency regulatory actions and for each such action: the date the agency began to develop or consider the action, its status, an estimate of the date it will be final and in effect, and a brief description of such action; a list of any duplicative or overlapping regulatory actions issued by the same or any other agency; if a regulatory impact analysis has been conducted, the findings of such analysis, including any data or formula used for purposes of such analysis; and a list of each public communication about the action issued by the agency, including the date of the communication, its intended audience, the method of communication, and a copy of the original communication. Each agency shall publish the information required within 24 hours after such communication is issued and maintain the public availability of such information for at least 5 years after the action is finalized. Any public communication issued by an agency that refers to a pending agency regulatory action: shall specify whether the agency is considering alternatives and accepting comments; shall expressly disclose that the agency is the source of the information to the intended recipients; and may not solicit support for or promote the action, be sent through the private email account of an agency officer or employee, or include statements of aggrandizement for the agency, any federal employee, or the action. An agency that communicated about a pending agency regulatory action during the previous fiscal year shall submit to each congressional committee with jurisdiction over the agency's activities, by January 15 of each year, a report indicating: the number of pending agency regulatory actions the agency issued public communications about during that fiscal year, the average number of public communications issued by the agency for each such action, and the five pending actions with the highest number of public communications issued by the agency in that fiscal year and a copy of each such communication. The report shall be made publicly available on the agency's website."}
{"article": "SEC. 942. CERTAIN HEALTH PROFESSIONS PROGRAMS REGARDING PRACTICE OF PHARMACY. Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following subpart: ``Subpart 3--Pharmacist Workforce Programs ``SEC. 771. PUBLIC SERVICE ANNOUNCEMENTS. ``(a) Public Service Announcements.-- ``(1) In general.--The Secretary shall develop and issue public service announcements that advertise and promote the pharmacist profession, highlight the advantages and rewards of being a pharmacist, and encourage individuals to enter the pharmacist profession. ``(2) Method.--The public service announcements described in subsection (a) shall be broadcast through appropriate media outlets, including television or radio, in a manner intended to reach as wide and diverse an audience as possible. ``(b) State and Local Public Service Announcements.-- ``(1) In general.--The Secretary shall award grants to entities to support State and local advertising campaigns through appropriate media outlets to promote the pharmacist profession, highlight the advantages and rewards of being a pharmacist, and encourage individuals from disadvantaged backgrounds to enter the pharmacist profession. ``(2) Use of funds.--An entity that receives a grant under subsection (a) shall use funds received through such grant to acquire local television and radio time, place advertisements in local newspapers, and post information on billboards or on the Internet, in order to-- ``(A) advertise and promote the pharmacist profession; ``(B) promote pharmacist education programs; ``(C) inform the public of public assistance regarding such education programs; ``(D) highlight individuals in the community that are presently practicing as pharmacists to recruit new pharmacists; and ``(E) provide any other information to recruit individuals for the pharmacist profession. ``(3) Method.--The campaigns described in subsection (a) shall be broadcast on television or radio, placed in newspapers as advertisements, or posted on billboards or the Internet, in a manner intended to reach as wide and diverse an audience as possible. ``SEC. 772. DEMONSTRATION PROJECT. ``(a) In General.--The Secretary shall establish a demonstration project to enhance the participation of individuals who are pharmacists in the National Health Service Corps Loan Repayment Program described in section 338B. ``(b) Services.--Services that may be provided by pharmacists pursuant to the demonstration project established under this section include medication therapy management services to assure that medications are used appropriately by patients, to enhance patients' understanding of the appropriate use of medications, to increase patients' adherence to prescription medication regimens, to reduce the risk of adverse events associated with medications, and to reduce the need for other costly medical services through better management of medication therapy. Such services may include case management, disease management, drug therapy management, patient training and education, counseling, drug therapy problem resolution, medication administration, the provision of special packaging, or other services that enhance the use of prescription medications. ``(c) Procedure.--The Secretary may not provide assistance to an individual under this section unless the individual agrees to comply with all requirements described in sections 338B and 338D. ``(d) Limitations.--The demonstration project described in this section shall provide for the participation of-- ``(1) individuals to provide services in rural and urban areas; and ``(2) enough individuals to allow the Secretary to properly analyze the effectiveness of such project. ``(e) Designations.--The demonstration project described in this section, and any pharmacists who are selected to participate in such project, shall not be considered by the Secretary in the designation of a health professional shortage area under section 332 during fiscal years 2003 through 2005. ``(f) Rule of Construction.--This section shall not be construed to require any State to participate in the project described in this section. ``(g) Report.--The Secretary shall prepare and submit a report on the project to-- ``(A) the Committee on Health, Education, Labor, and Pensions of the Senate; ``(B) the Subcommittee on Labor, Health and Human Services, and Education of the Committee on Appropriations of the Senate; ``(C) the Committee on Energy and Commerce of the House of Representatives; and ``(D) the Subcommittee on Labor, Health and Human Services, and Education of the Committee on Appropriations of the House of Representatives. ``SEC. 773. INFORMATION TECHNOLOGY. ``(a) Grants and Contracts.--The Secretary may make awards of grants or contracts to qualifying schools of pharmacy for the purpose of assisting such schools in acquiring and installing computer-based systems to provide pharmaceutical education. Education provided through such systems may be graduate education, professional education, or continuing education. The computer-based systems may be designed to provide on-site education, or education at remote sites (commonly referred to as distance learning), or both. ``(b) Qualifying School of Pharmacy.--For purposes of this section, the term `qualifying school of pharmacy' means a school of pharmacy (as defined in section 799B) that requires students to serve in a clinical rotation in which pharmacist services are part of the curriculum. ``SEC. 774. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2006.''.", "summary": "Amends the Public Health Service Act to require the Secretary of Health and Human Services to promote the pharmacist profession through public health service announcements, including grants for State and local advertising campaigns.Directs the Secretary to establish a demonstration project to enhance the participation of pharmacists in the National Health Service Corps Loan Repayment Program through the provision of medication therapy management services. Requires participants to follow Program requirements but excludes them from consideration when health professional shortage areas are designated.Authorizes the Secretary to make grants or contracts to qualifying schools of pharmacy (those requiring a pharmacy services clinical rotation) for computer-based systems for pharmaceutical education.Authorizes appropriations for FY 2003 through 2006."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Tax Prevention Act of 2011''. SEC. 2. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES. (a) In General.--Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended by adding at the end the following: ``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES. ``(a) Definition.--In this section, the term `greenhouse gas' means any of the following: ``(1) Water vapor. ``(2) Carbon dioxide. ``(3) Methane. ``(4) Nitrous oxide. ``(5) Sulfur hexafluoride. ``(6) Hydrofluorocarbons. ``(7) Perfluorocarbons. ``(8) Any other substance subject to, or proposed to be subject to, regulation, action, or consideration under this Act to address climate change. ``(b) Limitation on Agency Action.-- ``(1) Limitation.-- ``(A) In general.--The Administrator may not, under this Act, promulgate any regulation concerning, take action relating to, or take into consideration the emission of a greenhouse gas to address climate change. ``(B) Air pollutant definition.--The definition of the term `air pollutant' in section 302(g) does not include a greenhouse gas. Nothwithstanding the previous sentence, such definition may include a greenhouse gas for purposes of addressing concerns other than climate change. ``(2) Exceptions.--Paragraph (1) does not prohibit the following: ``(A) Notwithstanding paragraph (4)(B), implementation and enforcement of the rule entitled `Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards' (75 Fed. Reg. 25324 (May 7, 2010) and without further revision) and finalization, implementation, enforcement, and revision of the proposed rule entitled `Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles' published at 75 Fed. Reg. 74152 (November 30, 2010). ``(B) Implementation and enforcement of section 211(o). ``(C) Statutorily authorized Federal research, development, and demonstration programs addressing climate change. ``(D) Implementation and enforcement of title VI to the extent such implementation or enforcement only involves one or more class I or class II substances (as such terms are defined in section 601). ``(E) Implementation and enforcement of section 821 (42 U.S.C. 7651k note) of Public Law 101-549 (commonly referred to as the `Clean Air Act Amendments of 1990'). ``(3) Inapplicability of provisions.--Nothing listed in paragraph (2) shall cause a greenhouse gas to be subject to part C of title I (relating to prevention of significant deterioration of air quality) or considered an air pollutant for purposes of title V (relating to air permits). ``(4) Certain prior agency actions.--The following rules, and actions (including any supplement or revision to such rules and actions) are repealed and shall have no legal effect: ``(A) `Mandatory Reporting of Greenhouse Gases', published at 74 Fed. Reg. 56260 (October 30, 2009). ``(B) `Endangerment and Cause or Contribute Findings for Greenhouse Gases under section 202(a) of the Clean Air Act' published at 74 Fed. Reg. 66496 (Dec. 15, 2009). ``(C) `Reconsideration of the Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs' published at 75 Fed. Reg. 17004 (April 2, 2010) and the memorandum from Stephen L. Johnson, Environmental Protection Agency (EPA) Administrator, to EPA Regional Administrators, concerning `EPA's Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program' (Dec. 18, 2008). ``(D) `Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 31514 (June 3, 2010). ``(E) `Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call', published at 75 Fed. Reg. 77698 (December 13, 2010). ``(F) `Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Failure to Submit State Implementation Plan Revisions Required for Greenhouse Gases', published at 75 Fed. Reg. 81874 (December 29, 2010). ``(G) `Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan', published at 75 Fed. Reg. 82246 (December 30, 2010). ``(H) `Action To Ensure Authority To Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 82254 (December 30, 2010). ``(I) `Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program', published at 75 Fed. Reg. 82430 (December 30, 2010). ``(J) `Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans; Final Rule', published at 75 Fed. Reg. 82536 (December 30, 2010). ``(K) `Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program; Proposed Rule', published at 75 Fed. Reg. 82365 (December 30, 2010). ``(L) Except for action listed in paragraph (2), any other Federal action under this Act occurring before the date of enactment of this section that applies a stationary source permitting requirement or an emissions standard for a greenhouse gas to address climate change. ``(5) State action.-- ``(A) No limitation.--This section does not limit or otherwise affect the authority of a State to adopt, amend, enforce, or repeal State laws and regulations pertaining to the emission of a greenhouse gas. ``(B) Exception.-- ``(i) Rule.--Notwithstanding subparagraph (A), any provision described in clause (ii)-- ``(I) is not federally enforceable; ``(II) is not deemed to be a part of Federal law; and ``(III) is deemed to be stricken from the plan described in clause (ii)(I) or the program or permit described in clause (ii)(II), as applicable. ``(ii) Provisions defined.--For purposes of clause (i), the term `provision' means any provision that-- ``(I) is contained in a State implementation plan under section 110 and authorizes or requires a limitation on, or imposes a permit requirement for, the emission of a greenhouse gas to address climate change; or ``(II) is part of an operating permit program under title V, or a permit issued pursuant to title V, and authorizes or requires a limitation on the emission of a greenhouse gas to address climate change. ``(C) Action by administrator.--The Administrator may not approve or make federally enforceable any provision described in subparagraph (B)(ii).''. SEC. 3. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES. Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is amended by adding at the end the following: ``(4) With respect to standards for emissions of greenhouse gases (as defined in section 330) for model year 2017 or any subsequent model year for new motor vehicles and new motor vehicle engines-- ``(A) the Administrator may not waive application of subsection (a); and ``(B) no waiver granted prior to the date of enactment of this paragraph may be considered to waive the application of subsection (a).''.", "summary": "Energy Tax Prevention Act of 2011 - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of \"air pollutant\" for purposes of addressing climate change. Exempts from such prohibition: (1) implementation and enforcement of the rule, \"Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards\" and finalization, implementation, enforcement, and revision of the proposed rule, \"Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles\"; (2) implementation of the renewable fuel program; (3) statutorily authorized federal research, development, and demonstration programs addressing climate change; (4) implementation and enforcement of stratospheric ozone protection to the extent that such implementation or enforcement only involves class I or II substances; and (5) implementation and enforcement of requirements for monitoring and reporting of carbon dioxide emissions. Provides that none of such exemptions shall cause a GHG to be subject to regulations relating to prevention of significant deterioration of air quality or considered an air pollutant for purposes of air pollution prevention and control permits. Repeals and makes ineffective specified rules and actions concerning permit requirements or emission standards for GHGs to address climate change. Prohibits the Administrator from waiving, and invalidates waivers given by the Administrator before the enactment of this Act, the ban on states from adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Improvements for Special Needs Beneficiaries Act of 2002''. SEC. 2. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS BENEFICIARIES. (a) Establishment of Specialized Medicare+Choice Plans for Special Needs Beneficiaries.-- (1) Treatment as coordinated care plan.--Section 1851(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w- 21(a)(2)(A)) is amended by adding at the end the following new sentence: ``Specialized Medicare+Choice plans for special needs beneficiaries (as defined in section 1859(b)(4)) may be any type of coordinated care plan.''. (2) Specialized medicare+choice plan for special needs beneficiaries defined.--Section 1859(b) of the Social Security Act (42 U.S.C. 1395w-28(b)) is amended by adding at the end the following new paragraph: ``(4) Specialized medicare+choice plans for special needs beneficiaries.-- ``(A) In general.--The term `specialized Medicare+Choice plan for special needs beneficiaries' means a Medicare+Choice plan that exclusively serves special needs beneficiaries (as defined in subparagraph (B)). ``(B) Special needs beneficiary.--The term `special needs beneficiary' means a Medicare+Choice eligible individual who-- ``(i) is institutionalized (as defined by the Secretary); ``(ii) is entitled to medical assistance under a State plan under title XIX; or ``(iii) meets such other requirements as the Secretary may establish for purposes of identifying beneficiaries with a severe and disabling chronic condition who would benefit from enrollment in a Medicare+Choice plan described in subparagraph (A).''. (3) Restriction on enrollment permitted.--Section 1859 of the Social Security Act (42 U.S.C. 1395w-28) is amended by adding at the end the following new subsection: ``(f) Restriction on Enrollment for Specialized Medicare+Choice Plans for Special Needs Beneficiaries.--In the case of a specialized Medicare+Choice plan for special needs beneficiaries (as defined in subsection (b)(4)), notwithstanding any other provision of this part and in accordance with regulations of the Secretary and for periods before January 1, 2008, the plan may restrict the enrollment of individuals under the plan to individuals who are within 1 or more classes of special needs beneficiaries.''. (4) Additional requirements for specialized medicare+choice plans for special needs beneficiaries.--Section 1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following new paragraph: ``(3) Additional requirements for specialized medicare+choice plans for special needs beneficiaries.--In the case of a specialized Medicare+Choice plan for special needs beneficiaries (as defined in section 1859(b)(4)), the contract shall include additional terms and conditions as follows: ``(A) Clinical delivery system.-- ``(i) In general.--Under the contract, the organization offering the specialized Medicare+Choice plan for special needs beneficiaries shall establish a clinical delivery system that meets the needs of special needs beneficiaries (as defined in section 1859(b)(4)(B)) enrolled in the plan. ``(ii) Elements.--The clinical delivery system established under clause (i) shall include the following: ``(I) A comprehensive patient assessment and plan of care. ``(II) Methods to prevent, delay, or minimize the progression of severe and disabling chronic conditions. ``(III) Care management protocols, including high-risk screening to identify factors that may increase the cost of care provided to special needs beneficiaries. ``(IV) Appropriate specially trained health care staff, such as nurse practitioners, geriatric care managers, and mental health professionals. ``(V) Methods for promoting the integration of care, financing, and administrative functions across health care settings. ``(B) Data collection; development of outcome measures.-- ``(i) Data collection.--Under the contract, the organization offering the specialized Medicare+Choice plan for special needs beneficiaries shall-- ``(I) collect such data as the Secretary may specify for the purpose of monitoring the quality of health care items and services provided to special needs beneficiaries enrolled in the plan, outcomes, and costs, including functional and diagnostic data and information collected through outcome measures developed under clause (ii); ``(II) maintain, and afford the Secretary access to, the records relating to the plan, including pertinent financial, medical, and personnel records; and ``(III) make available to the Secretary reports that the Secretary finds necessary to monitor the operation, cost, and effectiveness of the plan. ``(ii) Development of outcome measures.-- Under the contract, the organization offering the specialized Medicare+Choice plan for special needs beneficiaries and the Secretary shall jointly cooperate in the development and implementation of health status and quality of life outcome measures with respect to special needs beneficiaries (as defined in section 1859(b)(4)(B)) enrolled in the plan. ``(C) Quality assurance; patient safeguards.--The contract shall require the organization offering the specialized Medicare+Choice plan for special needs beneficiaries to have in effect, at a minimum, a written plan of quality assurance and improvement, and procedures implementing such plan, in accordance with regulations. ``(D) Oversight.--The contract shall provide that the Secretary shall conduct, in addition to any other review conducted under this part, such review of the operation of specialized Medicare+Choice plans for special needs beneficiaries and organizations offering such plans as may be appropriate in order to ensure the compliance of the plans and organizations with the requirements of this part and regulations to carry out such requirements.''. (b) Effective Dates.-- (1) In general.--The amendments made by subsection (a) shall take effect upon the date of enactment of this Act. (2) Deadline for issuance of requirements for special needs beneficiaries; transition.--Not later than October 1, 2003, the Secretary of Health and Human Services shall issue final regulations to establish requirements for special needs beneficiaries under section 1859(b)(4)(B)(iii) of the Social Security Act (as added by subsection (a)(2)). SEC. 3. GAO REPORT TO CONGRESS ON SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS BENEFICIARIES. (a) In General.--Not later than December 31, 2006, the Comptroller General of the United States shall submit to Congress a report that assesses the impact of specialized Medicare+Choice plans for special needs beneficiaries (as defined in section 1859(b)(4) of the Social Security Act (as added by section 2(a)(2))) on the cost and quality of services provided to enrollees. (b) Contents.--The report submitted under subsection (a) shall contain the following elements: (1) A general assessment of the operations of the specialized Medicare+Choice plans for special needs beneficiaries. (2) Information on the demographics and health status of beneficiaries enrolled in such plans. (3) Information on such plans' clinical models of care. (4) Information on the performance of such plans related to such quality indicators as the Secretary determines to be appropriate. (5) An assessment of the marketing materials and practices of the plans. (6) An assessment of the plans' ability to integrate care, financing, and administrative functions across health care settings. (7) A general assessment of the costs and any savings to the medicare program under title XVIII of the Social Security Act as a result of amendments made by section 2.", "summary": "Medicare Improvements for Special Needs Beneficiaries Act of 2002 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to provide for specialized Medicare+Choice plans for special needs beneficiaries and the treatment of such plans as coordinated care plans under Medicare part C. Permits restriction on the enrollment of individuals in a specialized Medicare+Choice plan to special needs beneficiaries. Establishes additional requirements for specialized Medicare+choice plans for special needs beneficiaries."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Knife Owners' Protection Act of 2017''. SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. (a) In General.--Notwithstanding any provision of any law or any rule or regulation of the United States, or of a State or any political subdivision of a State, any person who is not otherwise prohibited by Federal law from possessing, transporting, shipping, or receiving a knife or knives shall be entitled to transport a knife or knives from any place where such person may lawfully possess, carry or transport such a knife or knives to any other place where such person may lawfully possess, carry or transport such a knife or knives if-- (1) in the case of transportation by motor vehicle, the knife or knives are not directly accessible from the passenger compartment of such transporting vehicle, or, in the case of a motor vehicle without a compartment separate from the passenger compartment, the knife or knives shall be contained in a locked container, glove compartment, or console; or (2) in the case of transportation by other means (including any conveyance over land, on or through water, or through the air), the knife or knives are contained in a locked container. (b) Emergency Knives.--Any knife or tool designed for enabling escape in an emergency incorporating a blunt tipped safety blade, a guarded blade, or both, for cutting safety belts may be carried in the passenger compartment and need not be secured in a locked container, glove compartment, or console. This subsection shall not apply to the transport of any such knife or tool in the passenger cabin of aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration. (c) No Arrest or Detention.--A person who is transporting a knife or knives in compliance with this section may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision of a State related to the possession, transportation, or carrying of knives, unless there is probable cause to believe that the person is not in compliance with at least one of the requirements of subsection (a). (d) Claim or Defense.--A person may assert this section as a claim or defense in any action or proceeding, civil or criminal. When a person asserts this section as a claim or defense in a criminal proceeding, the State or political subdivision shall bear the burden of proving, beyond a reasonable doubt, that the person was not in compliance with subsection (a). (e) Right of Action.--Any person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or political subdivision of a State, subjects, or causes to be subjected, any person to the deprivation of the rights, privileges, or immunities set forth in this section, shall be liable to the person so deprived in an action at law, suit in equity, or other proper proceeding for redress. When a person asserts this section as a claim or defense, the court shall award the prevailing party (including any party who receives a favorable resolution through a decision by a court, settlement of a claim, withdrawal of criminal charges, or change of a statute or regulation), other than a State or any political subdivision of a State or its employees or representatives, a reasonable attorneys' fee. (f) Definition.--As used in this section, the term ``transport'' includes staying in temporary lodging overnight, common carrier misrouting or delays, stops for food, fuel, vehicle maintenance, emergencies, medical treatment, and all other activity related to the person's overall journey. The term shall not include any transportation of a knife or knives with the intent to commit any offense punishable by imprisonment for a term exceeding one year involving the use or threatened use of force against another, or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, such journey. Within any form of temporary lodging, a knife or knives may be accessible. (g) Rule of Construction.--Nothing in this section shall be construed in any way to limit any right to possess, carry, or transport a knife or knives under applicable State law. SEC. 3. REPEAL OF FEDERAL PROVISIONS RELATED TO SWITCHBLADE KNIVES. (a) Repeals.-- (1) Chapter 29 of title 15, United States Code, is repealed. (2) Subsections (g) and (i) of section 1716, title 18, United States Code, are repealed. (b) Conforming Amendments.-- (1) The table of chapters at the beginning of title 15, United States Code, is amended by striking the item relating to chapter 29, and inserting in lieu thereof, ``[Chapter 29. Repealed]''. (2) Section 1716 of title 18, United States Code, is amended by redesignating-- (A) subsection (h) as subsection (g); (B) subsection (j) as subsection (h); and (C) subsection (k) as subsection (i). (c) Effective Date.--The repeals made by subsection (a)-- (1) shall take effect on the date of enactment of this Act; and (2) do not apply with respect to any indictment, convictions, sentencing, appeals, civil or criminal fines or penalties obtained, forfeitures obtained, terms of imprisonment or any other enforcement actions or proceedings occurring or commenced, on or before the date of enactment of this Act.", "summary": "Knife Owners' Protection Act of 2017 This bill permits an individual to transport a knife between two places (i.e., states) where knife possession, carry, or transport is legal. A knife must be securely stored during transport, unless it is an emergency knife designed to cut seat belts. This bill prohibits the arrest or detention of an individual for a knife violation unless there is probable cause to believe the individual failed to securely store the knife during transport. An individual may assert compliance with this bill as a claim or defense in any civil or criminal proceeding. This bill repeals provisions, commonly known as the Federal Switchblade Act, that prohibit the introduction of switchblade knives into interstate commerce. It also repeals the Ballistic Knife Prohibition Act of 1986, which prohibits the possession, manufacture, sale, or importation of a ballistic knife. Finally, it amends the federal criminal code to eliminate two provisions—one that restricts the mailability of switchblade knives, and one that restricts the mailability of ballistic knives."}
{"article": "<greek-th> x SECTION 1. SHORT TITLE. <greek-th> x This Act may be cited as the ``Child Modeling Exploitation Prevention Act''.<greek-th> x SEC. 2. FINDINGS. <greek-th> x The Congress finds the following:<greek-th> x (1) The use of children in the production of exploitive child modeling, including on Internet websites, in photographs, films, videos, and other visual depictions, is a form of child abuse that can result in physical and psychological harm to the children involved. <greek-th> x (2) Exploitive child modeling is different from other, legitimate, child modeling because exploitive child modeling involves marketing the child himself or herself in lascivious positions and acts, rather than actually marketing products to average American consumers. <greek-th> x (3) The purpose of exploitive child modeling is to satisfy the demand of pedophiles. <greek-th> x (4) Unlike legitimate child modeling, exploitive child modeling may involve a direct and personal interaction between the child model and the pedophile. The pedophile often knows the child's name and has a way of communicating with the child. <greek-th> x (5) The interaction between the exploited child model and the pedophile can lead the child to trust pedophiles and to believe that it is acceptable and safe to meet with pedophiles in private. <greek-th> x (6) Over 70 percent of convicted pedophiles have used child pornography or exploitive child modeling depictions to whet their sexual appetites. Because children are used in its production, exploitive child modeling can place the child in danger of being abducted, abused, or murdered by the pedophiles who view such depictions. <greek-th> x (7) These exploitive exhibitions of children are unacceptable by social standards and lead to a direct harm to the children involved. <greek-th> x SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING. <greek-th> x (a) Prohibition on Employment.--Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following:<greek-th> x ``(e)(1) No employer may employ a child model in exploitive child modeling.<greek-th> x ``(2) Notwithstanding section 16(a), whoever violates paragraph (1) shall be fined under title 18 or imprisoned not more than 10 years, or both.<greek-th> x ``(3)(A) In this subsection, the term `exploitive child modeling' means modeling involving the use of a child under 17 years old for financial gain without the purpose of marketing a product or service other than the image of the child.<greek-th> x ``(B) Such term applies to any such use, regardless of whether the employment relationship of the child is direct or indirect, or contractual or noncontractual, or is termed that of an independent contractor.<greek-th> x ``(C) Such term does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value.''.<greek-th> x (b) Oppressive Child Labor.--Section 3(l) of such Act (29 U.S.C. 203(l)) is amended--<greek-th> x (1) by striking ``(1) any'' and inserting ``(A) any'';<greek-th> x (2) by striking ``(2) any'' and inserting ``(B) any'';<greek-th> x (3) by inserting ``(1)'' after ``(l)''; and<greek-th> x (4) by adding at the end the following new paragraph:<greek-th> x ``(2) Such term includes employment of a minor in violation of section 12(e)(1).''.<greek-th> x SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE. <greek-th> x (a) In General.--110 of title 18, United States Code, is amended by inserting after section 2252A the following:<greek-th> x ``2252B. Exploitive child modeling<greek-th> x ``(a) In General.--Except as provided in subsection (b), whoever, in or affecting interstate or foreign commerce, with the intent to make a financial gain thereby--displays or offers to provide the image of an individual engaged in exploitive child modeling (as defined in section 12(e) of the Fair Labor Standards Act of 1938) shall be fined under this title or imprisoned not more than 10 years, or both.<greek-th> x ``(b) Exception.--This section does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value.''.<greek-th> x (b) Clerical Amendment.--The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2252A the following:<greek-th> x <greek-th> x <greek-th><greek-e>``2252B. Exploitive child modeling.''.<greek-th><greek-e>", "summary": "Child Modeling Exploitation Prevention Act - Amends the Fair Labor Standards Act of 1938 to prohibit an employer from employing a child model in exploitive child modeling. Defines \"exploitive child modeling\" as modeling involving the use of a child under 17 years old for financial gain without the purpose of marketing a product or service other than the child's image, regardless of whether the employment relationship of the child is direct or indirect, contractual or non-contractual, or is termed that of an independent contractor. Provides that such term does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value.Sets penalties for violations. Includes employment of a minor in violation of such provision within the definition of \"oppressive child labor.\"Amends the Federal criminal code to prohibit displaying or offering to provide the image of an individual engaged in exploitive child modeling, in or affecting interstate or foreign commerce, with the intent to make a financial gain, except with respect to an image which has serious literary, artistic, political, or scientific value."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Our Professionals Educationally (HOPE) Act of 2001''. SEC. 2. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL BY MEMBERS OF THE ARMED FORCES WITH CRITICAL MILITARY SKILLS. (a) Authority To Transfer to Family Members.--(1) Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3020. Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical military skills ``(a) In General.--Subject to the provisions of this section, each Secretary concerned may, for the purpose of enhancing recruitment and retention of members of the Armed Forces with critical military skills and at such Secretary's sole discretion, permit an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer, in whole or in part, up to one- half of such individual's entitlement to such assistance to the dependents specified in subsection (c). ``(b) Eligible Individuals.--An individual referred to in subsection (a) is any member of the Armed Forces who, at the time of the approval by the Secretary concerned of the member's request to transfer entitlement to basic educational assistance under this section-- ``(1) has completed six years of service in the Armed Forces; ``(2) either-- ``(A) has a critical military skill designated by the Secretary concerned for purposes of this section; or ``(B) is in a military specialty designated by the Secretary concerned for purposes of this section as requiring critical military skills; and ``(3) enters into an agreement to serve at least four more years as a member of the Armed Forces. ``(c) Eligible Dependents.--An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual's entitlement as follows: ``(1) To the individual's spouse. ``(2) To one or more of the individual's children. ``(3) To a combination of the individuals referred to in paragraphs (1) and (2). ``(d) Limitation on Months of Transfer.--The total number of months of entitlement transferred by an individual under this section may not exceed 18 months. ``(e) Designation of Transferee.--An individual transferring an entitlement to basic educational assistance under this section shall-- ``(1) designate the dependent or dependents to whom such entitlement is being transferred and the percentage of such entitlement to be transferred to each such dependent; and ``(2) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). ``(f) Time for Transfer; Revocation and Modification.--(1) Subject to the time limitation for use of entitlement under section 3031 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of individual's request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. ``(2)(A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. ``(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. ``(g) Commencement of Use.--A dependent to whom entitlement to basic educational assistance is transferred under this section may not commence the use of the transferred entitlement until the following: ``(1) In the case of entitlement transferred to a spouse, the completion by the individual making the transfer of 6 years of service in the Armed Forces. ``(2) In the case of entitlement transferred to a child, both-- ``(A) the completion by the individual making the transfer of 10 years of service in the Armed Forces; and ``(B) either-- ``(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or ``(ii) the attainment by the child of 18 years of age. ``(h) Additional Administrative Matters.--(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. ``(2) Except as provided under subsection (e)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this subchapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. ``(3) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the individual to whom the entitlement is transferred. ``(4) Notwithstanding section 3031 of this title, a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. ``(5) The administrative provisions of this chapter (including the provisions set forth in section 3034(a)(1) of this title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. ``(6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). ``(i) Overpayment.--(1) In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of this title. ``(2) Except as provided in paragraph (3), if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (b)(3) in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of basic educational assistance under paragraph (1). ``(3) Paragraph (2) shall not apply in the case of an individual who fails to complete service agreed to by the individual-- ``(A) by reason of the death of the individual; or ``(B) for a reason referred to in section 3011(a)(1)(A)(ii)(I) of this title. ``(j) Approvals of Transfer Subject to Availability of Appropriations.--The Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in the fiscal year for purposes of making transfers of funds under section 2006 of title 10 with respect to such transfers of entitlement. ``(k) Regulations.--The Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2), and shall specify the manner of the applicability of the administrative provisions referred to in subsection (h)(5) to a dependent to whom entitlement is transferred under this section. ``(l) Annual Reports.--(1) Not later than January 31, 2003, and each year thereafter, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the transfers of entitlement to basic educational assistance under this section that were approved by such Secretary during the preceding year. ``(2) Each report shall set forth-- ``(A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding year; or ``(B) if no transfers of entitlement under this section were approved by such Secretary during that year, a justification for such Secretary's decision not to approve any such transfers of entitlement during that year. ``(m) Secretary Concerned Defined.--Notwithstanding section 101(25) of this title, in this section, the term `Secretary concerned' means-- ``(1) the Secretary of the Army with respect to matters concerning the Army; ``(2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; ``(3) the Secretary of the Air Force with respect to matters concerning the Air Force; and ``(4) the Secretary of the Defense with respect to matters concerning the Coast Guard, or the Secretary of Transportation when it is not operating as a service in the Navy.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3019 the following new item: ``3020. Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical military skills.''. (b) Treatment under Department of Defense Education Benefits Fund.--Section 2006(b)(2) of title 10, United States Code, is amended by adding at the end the following: ``(D) The present value of the future benefits payable from the Fund as a result of transfers under section 3020 of title 38 of entitlement to basic educational assistance under chapter 30 of title 38.''. (c) Plan for Implementation.--Not later than June 30, 2002, the Secretary of Defense shall submit to Congress a report describing the manner in which the Secretaries of the military departments and the Secretary of Transportation propose to exercise the authority granted by section 3020 of title 38, United States Code, as added by subsection (a). SEC. 3. AUTHORITY FOR ACCELERATED PAYMENTS OF BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL. (a) In General.--Section 3014 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c)(1)(A) Notwithstanding any other provision of this chapter and subject to subparagraph (B), an individual entitled to basic educational assistance under this subchapter may elect to receive an accelerated payment of the basic educational assistance allowance. ``(B) The Secretary may not make an accelerated payment for a course to an individual who has received an advance payment under section 3680(d) of this title for the same enrollment period. ``(2)(A) Pursuant to an election under paragraph (1), the Secretary shall make an accelerated payment to an individual for a course in a lump-sum amount equal to the lesser of-- ``(i) the amount of the educational assistance allowance for the month, or fraction thereof, in which the course begins plus the educational assistance allowance for each of the succeeding four months; or ``(ii)(I) in the case of a course offered on a quarter, semester, or term basis, the amount of aggregate monthly educational assistance allowance otherwise payable under this subchapter for the course for the entire quarter, semester, or term; or ``(II) in the case of a course that is not offered on a quarter, semester, or term basis, the amount of aggregate monthly educational assistance allowance otherwise payable under this subchapter for the entire course. ``(B) In the case of an adjustment under section 3015(h) of this title in the monthly rate of basic educational assistance that occurs during a period for which an accelerated payment is made under this subsection, the Secretary shall pay-- ``(i) on an accelerated basis the amount of the allowance otherwise payable under this subchapter for the period without regard to the adjustment under that section; and ``(ii) on the date of the adjustment any additional amount of the allowance that is payable for the period as a result of the adjustment. ``(3) For each accelerated payment made to an individual under this subsection, the individual's entitlement under this subchapter shall be charged at the same rate at which the entitlement would be charged if the individual had received a monthly educational assistance allowance for the period of educational pursuit covered by the accelerated payment. ``(4) The Secretary shall prescribe regulations to carry out this subsection. The regulations shall include the requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment under this subsection.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is six months after the date of the enactment of this Act, and shall apply with respect to courses of education beginning on or after that date. SEC. 4. AVAILABILITY OF MONTGOMERY GI BILL BENEFITS FOR TRAINING FOR TECHNOLOGICAL OCCUPATIONS OFFERED BY ENTITIES OTHER THAN EDUCATIONAL INSTITUTIONS. (a) In General.--Section 3452(c) of title 38, United States Code, is amended to read as follows: ``(c) The term `educational institution' means the following: ``(1) Any public or private elementary school, secondary school, vocational school, correspondence school, business school, junior college, teachers' college, college, normal school, professional school, university, or scientific or technical institution, or other institution furnishing education for adults. ``(2) Any entity that provides training required for completion of any State-approved alternative teacher certification program (as determined by the Secretary). ``(3) Any entity that provides, either directly or under an agreement with another entity, a course or courses to fulfill the requirements for the attainment of a license or certificate generally recognized as necessary to obtain, maintain, or advance in employment in a vocation or profession in a technological occupation (as defined by the Secretary).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2001, and shall apply with respect to training courses, approved by the Secretary of Veterans Affairs, for certification for technological occupations beginning on or after that date. SEC. 5. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF SELECTED RESERVE OF ENTITLEMENT TO CERTAIN EDUCATIONAL ASSISTANCE. Section 16133(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(5)(A) In the case of a person who continues to serve as member of the Selected Reserve as of the end of the 10-year period applicable to the person under subsection (a), as extended, if at all, under paragraph (4), the period during which the person may use the person's entitlement shall expire at the end of the 5-year period beginning on the date the person is separated from the Selected Reserve. ``(B) Subparagraph (A) shall not apply with respect to an individual otherwise described by that subparagraph who is separated from the armed forces under other than honorable conditions. ``(C) The provisions of paragraph (4) shall apply with respect to any period of active duty of a person referred to in subparagraph (A) during the 5-year period referred to in that subparagraph.''.", "summary": "Helping Our Professionals Educationally (HOPE) Act of 2001 - Authorizes the Secretary of each military department to permit a member who is entitled to basic educational assistance under the Veterans Educational Assistance Program (VEAP), has served at least six years, has a critical military skill or is in a military specialty designated as critical, and agrees to serve at least four more years to transfer such assistance to one or more dependents. Allows up to 18 months of entitlement to be transferred. Prohibits a spouse from using such assistance until the transferor has completed six years of service. Prohibits a child from using such assistance until the transferor has completed ten years of service and the child has completed secondary school requirements or is 18 years of age.Authorizes a VEAP-entitled individual to elect to receive an accelerated lump-sum payment of basic educational assistance, under specified conditions.Makes Montgomery GI Bill benefits available for training which leads to licensing or certification in technological occupations.Makes members who continue in the Selected Reserve beyond the ten-year period required for entitlement to educational assistance eligible for such assistance for five years after separation from such service (unless such separation is under other than honorable conditions)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Transition Act of 2000''. SEC. 2. AMENDMENTS TO PRESIDENTIAL TRANSITION ACT OF 1963. Section 3(a) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended-- (1) in the matter preceding paragraph (1) by striking ``including--'' and inserting ``including the following:''; (2) in each of paragraphs (1) through (6) by striking the semicolon at the end and inserting a period; and (3) by adding at the end the following: ``(8)(A)(i) Payment of expenses during the transition for briefings, workshops, or other activities to acquaint key prospective Presidential appointees with the types of problems and challenges that most typically confront new political appointees when they make the transition from campaign and other prior activities to assuming the responsibility for governance after inauguration. ``(ii) Activities under this paragraph may include interchange between such appointees and individuals who-- ``(I) held similar leadership roles in prior administrations; ``(II) are department or agency experts from the Office of Management and Budget or an Office of Inspector General of a department or agency; or ``(III) are relevant staff from the General Accounting Office. ``(iii) Activities under this paragraph may include training in records management to comply with section 2203 of title 44, United States Code, including training on the separation of Presidential records and personal records to comply with subsection (b) of that section. ``(iv) Activities under this paragraph may include training in human resources management and performance-based management. ``(B) Activities under this paragraph shall be conducted primarily for individuals the President-elect intends to nominate as department heads or appoint to key positions in the Executive Office of the President. ``(9)(A) Development of a transition directory by the Administrator for activities conducted under paragraph (8). ``(B) The transition directory shall be a compilation of Federal publications and materials with supplementary materials developed by the Administrator that provides information on the officers, organization, and statutory and administrative authorities, functions, duties, responsibilities, and mission of each department and agency. ``(10)(A) Notwithstanding subsection (b), consultation by the Administrator with any candidate for President or Vice President to develop a systems architecture plan for the computer and communications systems of the candidate to coordinate a transition to Federal systems, if the candidate is elected. ``(B) Consultations under this paragraph shall be conducted at the discretion of the Administrator.''. SEC. 3. REPORT ON IMPROVING THE FINANCIAL DISCLOSURE PROCESS FOR PRESIDENTIAL NOMINEES. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Office of Government Ethics shall conduct a study and submit a report on improvements to the financial disclosure process for Presidential nominees required to file reports under section 101(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives. (b) Content of Report.-- (1) In general.--The report under this section shall include recommendations and legislative proposals on-- (A) streamlining, standardizing, and coordinating the financial disclosure process and the requirements of financial disclosure reports under the Ethics in Government Act of 1978 (5 U.S.C. App.) for Presidential nominees; (B) avoiding duplication of effort and reducing the burden of filing with respect to financial disclosure of information to the White House Office, the Office of Government Ethics, and the Senate; and (C) any other relevant matter the Office of Government Ethics determines appropriate. (2) Limitation relating to conflicts of interest.--The recommendations and proposals under this subsection shall not (if implemented) have the effect of lessening substantive compliance with any conflict of interest requirement. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.", "summary": "States that such activities may include interchange between such appointees and individuals who: (1) held similar leadership roles in prior administrations; (2) are department or agency experts from the Office of Management and Budget or a department or agency Office of Inspector General; or (3) are relevant staff from the General Accounting Office. Permits such activities also to include training in: (1) records management, including training on the separation of Presidential records and personal records to comply with certain requirements; and (2) human resources management and performance-based management. Requires the Administrator to develop a transition directory for such activities, which compile Federal publications and materials with supplementary materials developed by the Administrator that provide information on the officers, organization, and statutory and administrative authorities, functions, duties, responsibilities, and mission of each department and agency. Requires the Administrator also to consult with any candidate for President or Vice President to develop a systems architecture plan for the candidate's computer and communications systems to coordinate a transition to Federal systems, if the candidate is elected. Directs the Office of Government Ethics to study and report to specified congressional committees on improvements to the mandatory financial disclosure process under the Ethics in Government Act of 1978 for presidential nominees. Authorizes appropriations."}
{"article": "SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(y) The amount of any individual's monthly insurance benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring on or after the date of the enactment of this Act.", "summary": "Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a beneficiary shall be entitled to a prorated benefit for the month in which he or she dies."}
{"article": "SECTION 1. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS. Title VI of the Public Utility Regulatory Policies Act of 1978 is amended by adding after section 604 the following new section: ``SEC. 605. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS FUND. ``(a) Purpose.--The purpose of this section is to provide for a National Electric System Public Benefits Fund, administered by the National Electric System Public Benefits Board, to provide matching funds to States for the support of eligible public purpose programs. ``(b) Definitions.--For purposes of this section: ``(1) The term `Board' means the National Electric System Public Benefits Board established under this section. ``(2) The term `eligible public purpose program' means a program that supports-- ``(A) conservation and energy efficiency and renewable energy, ``(B) universal and affordable service, or ``(C) research and development that supports such purposes, and that is designated by the Board as eligible to receive funding under this section. ``(3) The term `matching funds' means an equal distribution of State funds and funds made available as provided in this section. ``(4) The `Secretary' means the Secretary of Energy. ``(5) The terms `State commission' and `transmitting utility' have the meanings provided for such terms by the Federal Power Act. ``(6) The term `renewable energy' means electricity generated from nontoxic organic waste, biomass, dedicated energy crops, landfill gas, geothermal, solar, tidal or wind resources, except that such term does not include electricity generated from the incineration of municipal solid waste. ``(7) The term `energy efficiency' means programs and measures designed to cost-effectively improve the efficiency of end-use electricity consumption, considering all costs of electricity generation, transmission, distribution, and consumption on a life-cycle basis. For purposes of this section, eligible energy efficiency programs and measures shall include efforts to transform markets in end-use equipment, to develop and implement codes and standards, to provide technical support and information to consumers, and to provide financing and financial support for the acquisition of efficient end use equipment. ``(9) A program that supports `universal and affordable service' is any program that promotes high quality and reliable electric service at just, reasonable, and affordable rates for low income consumers and those in rural, insular, or high cost areas. ``(c) National Electric System Public Benefits Board.--(1) A National Electric System Public Benefits Board shall be established to carry out the functions and responsibilities specified in this section. ``(2) The Board shall be composed of 3 persons who are officers or employees of the United States, and 4 State commissioners nominated by the national organization of the State commissions and appointed by the Secretary. The Secretary shall appoint one member of the Board to serve as Chairman. ``(3) Within 180 days after the enactment of this Act, the Secretary shall promulgate a final rule containing the rules and procedures of the Board, including the rules and procedures for selecting a non-Federal fiscal agent under subsection (e). The Secretary shall have oversight responsibilities over the Board. ``(d) Contributions.--Each owner or operator of an electric power generation facility shall, as a condition of transmitting power to any transmitting utility, contribute funds (based on the kilowatt hours transmitted) in such amounts as shall be determined by the Board to be necessary to generate revenues in each calendar year equal to \\1/2\\ of the aggregate cost of carrying out the eligible public purpose programs that meet the criteria established by the Board under subsection (e) for receipt of funding for that calendar year. Such contributions shall not exceed 2 mills per kilowatt hour. Each transmitting utility receiving electricity from a generator shall collect such contributions and transfer the contributions to the fiscal agent designated under subsection (e) at the end of each month in which contributions are made. ``(e) Public Benefits Program.--(1) Within 90 days after the promulgation of the Secretary's rules under subsection (c)(3), the Board shall institute a proceeding to establish regulations governing creation and administration of a Public Benefits Program. Such regulations shall include criteria for the eligibility of the State public service programs for support under the Program. The Board shall enter into arrangements with a non-Federal fiscal agent who shall be authorized to receive the contributions made under subsection (d) and to disburse such contributions as provided in subsection (f). The Board shall prepare a recommended decision for prompt review and approval by the Secretary. ``(2) Any State may establish one or more public purpose programs and apply for matching funding for such program or programs under the Public Benefits Program. A participating State may use matching funds received under this section only to support one or more eligible public purpose programs. The Board shall regularly audit the expenditures of matching funds received by a participating State under this section. ``(3) At no time is a State required, pursuant to this section, to participate in the Public Benefits program, nor may a State be required by the Board to fund a particular eligible public purpose program. ``(f) National Electric System Public Benefits.--(1) The fiscal agent shall distribute contributions received by the fiscal agent under subsection (d) to States (or entities designated by the States) under this subsection in accordance with the criteria established by the Board under subsection (e) to carry out eligible public purpose programs established by the States. A State seeking matching funds to carry out eligible public purpose programs shall apply for such funds no later than 3 months prior to the start of the calendar year. In its application, the State must certify that the moneys will be used for one or more eligible public purpose programs and must specify the amount of State support which is projected for the coming calendar year for the programs concerned. ``(2) Upon receipt of all State requests for matching funds submitted pursuant to paragraph (1) within the 3-month time period specified in paragraph (1), the Board shall calculate the funds necessary to match the level of projected States funds for eligible public purpose programs for the coming calendar year. ``(3) Following the calculation of the amount of matching funds required under paragraph (2) for all States for any calendar year, the Board shall communicate that amount to the fiscal agent. To the extent the matching funds requested by all States for a calendar year exceed the maximum projected revenues from the contributions under this section, the matching funds distributed to each State shall be reduced pro rata so that the percentage of State funds matched by funds provided under this section is the same for all States. ``(4) The fiscal agent shall distribute matching funds to the States (or to an entity or entities designated by the State to receive payments) in monthly payments to be used for eligible public purpose programs designated under subsection (f). All funds received shall be used only for the eligible public purpose programs designated by the State. ``(g) Existing Programs.--It is the sense of the Congress that the program established under this section shall not replace or supersede any other existing programs that support or encourage conservation and energy efficiency, renewable energy, universal and affordable service, or research and development.''.", "summary": "Amends the Public Utility Regulatory Policies Act of 1978 to establish a National Electric System Public Benefits Fund, administered by the National Electric System Public Benefits Board to provide matching funds to States for the support of eligible public purpose programs. Confers oversight responsibility over the Board upon the Secretary of Energy. Requires each electric power generation facility owner or operator, as a condition of transmitting power to any transmitting utility, to contribute funds determined by the Board to be necessary to generate revenues in each calendar year equal to one-half of the aggregate cost of implementing certain public purpose programs. Requires the Board to institute a rulemaking proceeding governing creation and administration of a Public Benefits Program. Authorizes any State to establish one or more public purpose programs and apply for matching funds under the Public Benefits Program. Emphasizes State discretion to elect participation in such Program. Expresses the sense of the Congress that such Program shall not replace or supersede any other existing programs that support or encourage conservation and energy efficiency, renewable energy, universal and affordable service, or research and development."}
{"article": "SECTION 1. LAND TRANSFER. (a) In General.--Subject to subsection (d), the Secretary of the Army shall transfer the land described in subsection (b) to the Secretary of the Interior to be held in trust for the benefit of the Tribe, and subsection (c) to the State of North Dakota. (b) Standing Rock Land Transfer.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall transfer the covered property to the Secretary of the Interior to be held in trust for the benefit of the Tribe. (2) Definitions.--In this subsection, the following definitions apply: (A) Covered property.--The term ``covered property'' means all the property-- (i) within the exterior boundaries of the Reservation within the State of North Dakota; (ii) acquired by the United States for the Oahe Dam and Reservoir Project pursuant to Public Law 85-915 (72 Stat. 1762); (iii) located above the top of the exclusive flood pool of the Oahe Dam and Reservoir Project, as determined by the Secretary of the Army; and (iv) under the administrative control of the Corps of Engineers. (B) Reservation.--The term ``Reservation'' means the Standing Rock Indian Reservation. (C) Tribe.--The term ``Tribe'' means the Standing Rock Sioux Tribe of North and South Dakota. (c) Transfer of Property to North Dakota.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall convey to the State of North Dakota all right, title, and interest of the United States in and to the covered property. (2) Definition of covered property.--In this subsection, the term ``covered property'' means all property-- (A) in Burleigh County, Emmons County, or Morton County in the State of North Dakota; (B) acquired by the United States for the Oahe Dam and Reservoir Project pursuant to Public Law 85-915 (72 Stat. 1762); (C) located above the top of the exclusive flood pool of the Oahe Dam and Reservoir Project, as determined by the Secretary of the Army; and (D) under the administrative control of the Corps of Engineers. (d) Conditions of Transfer.-- (1) Authorized purposes.--The transfer of land under this section shall not interfere with any of the authorized purposes of the Oahe Dam and Reservoir Project, any project of the Pick- Sloan Missouri River Basin Program, or any applicable law. (2) Definition of pick-sloan missouri river basin program.--For purposes of this subsection, the term ``Pick- Sloan Missouri River Basin Program'' means the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Flood Control Act of 1944) (58 Stat. 891, chapter 665). (3) Damage to land.--The United States shall not be responsible for any damage to the transferred land caused by flooding, sloughing, erosion, or any other change to the transferred land as a result of the operation of the Oahe Dam and Reservoir Project or any project of the Pick-Sloan Missouri River Basin Programs. (4) Retained rights.--The Secretary of the Army shall retain the right to inundate with water or cause erosion to the transferred lands, as necessary for the operation of the Oahe Dam and Reservoir Project or any project of the Pick-Sloan Missouri River Basin Programs. (5) Retained property interests.--Notwithstanding subsections (b) and (c), the Secretary of the Army shall retain any land, structures, easements or other property interests necessary to carry out authorized purposes of the Oahe Dam and Reservoir Project or any project of the Pick-Sloan Missouri River Basin Programs. (6) Other terms and conditions.--The transfer of land under this section shall be subject to any other term or condition that the Secretary of the Army determines to be appropriate to ensure the continued operation of the Oahe Dam and Reservoir or of any project of the Pick-Sloan Missouri River Basin Program. (7) Existing rights and interests.--Nothing in this Act deprives any person of any easement, leasehold, or other right of interest that, as of the date of enactment of this Act, the person may have in the land to be transferred. (e) Map.-- (1) In general.--The Secretary of the Army shall prepare a map of the land transferred under this section. (2) Land.--The map shall identify-- (A) land reasonably expected to be required for project purposes during the 20-year period beginning on the date of enactment of this Act; and (B) dams and related structure which will be retained by the Secretary of the Army. (3) Availability.--The map shall be on file in the appropriate offices of the Secretary. (f) Costs.--The Standing Rock Sioux Tribe shall be responsible for the payment of all costs and administrative expenses associated with the transfer authorized by subsection (b) and the State of North Dakota shall be responsible for the payment of all costs and administrative expenses associated with the transfer authorized by subsection (c), including costs of survey compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any coordination necessary with respect to requirements related to endangered species, cultural resources, and clean air.", "summary": "This bill requires the U.S. Army Corps of Engineers to transfer certain property within the exterior boundaries of the Standing Rock Indian Reservation within North Dakota that was acquired by the United States for the Oahe Dam and Reservoir Project to the Department of the Interior to be held in trust for the Standing Rock Sioux Tribe of North and South Dakota. The Corps of Engineers shall convey to North Dakota all right of the United States to certain property in Burleigh County, Emmons County, or Morton County in North Dakota that was acquired by the United States for such project and and that is located above the top of the exclusive flood pool of the project. The transfer of such land shall not interfere with any of the authorized purposes of such project, any project of the Pick-Sloan Missouri River Basin Program, or any applicable law. The Corps of Engineers shall retain: (1) the right to inundate with water or cause erosion to the transferred lands as necessary for the operation of such projects; and (2) any land, structures, easements or other property interests necessary to carry out such projects. The Tribe and North Dakota shall be responsible for the payment of costs and administrative expenses associated with the transfers and for any coordination necessary with respect to requirements related to endangered species, cultural resources, and clean air."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gold King Mine Spill Recovery Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) on August 5, 2015, approximately 3,000,000 gallons of contaminated water was discharged from the Gold King Mine north of Silverton, Colorado, into Cement Creek, a tributary of the Animas River, while contractors of the Environmental Protection Agency were conducting an investigation of the mine-- (A) to assess the ongoing water releases from the mine; (B) to treat mine water; and (C) to assess the feasibility of further mine remediation; (2) the plume of contaminated water resulting from the discharge described in paragraph (1)-- (A) was found to contain high levels of heavy metals, including aluminum, arsenic, cadmium, cobalt, copper, iron, lead, manganese, mercury, molybdenum, nickel, and zinc; and (B) flowed through the Animas River, the San Juan River, and Lake Powell; (3) as of the date of enactment of this Act, with respect to the discharge described in paragraph (1)-- (A) state of emergency declarations have been made by-- (i) the States of Colorado, New Mexico, and Utah; and (ii) the Navajo Nation; and (B) a declaration of disaster has been issued by the Southern Ute Indian Tribe; and (4) on August 11, 2015, Administrator of the Environmental Protection Agency Gina McCarthy stated that the Environmental Protection Agency will take full responsibility for the discharge described in paragraph (1). SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Gold king mine spill.--The term ``Gold King Mine spill'' means the discharge on August 5, 2015, of approximately 3,000,000 gallons of contaminated water from the Gold King Mine north of Silverton, Colorado, into Cement Creek that occurred while contractors of the Environmental Protection Agency were conducting an investigation of the Gold King Mine. (3) Injured person.--The term ``injured person'' means a person that-- (A) suffered injury resulting from the Gold King Mine spill; and (B) is-- (i) an individual, regardless of the citizenship or alien status of the individual; (ii) an Indian tribe, tribal corporation, or other tribal organization; (iii) a corporation, business, partnership, company, association, insurer, county, township, city, State or political subdivision of a State, school district, ditch company, special district, water district, water company, the Animas-La Plata Operation, Maintenance and Replacement Association, or other non-Federal entity; or (iv) a legal representative of an individual or entity described in any of clauses (i) through (iii). (4) Injury.--The term ``injury'' means any damage to, or loss of, property, or a personal injury or death, caused by a negligent or wrongful act or omission of a Federal officer, employee, contractor, or subcontractor while acting within the scope of office, employment, or contract, under circumstances in which the Federal officer, employee, contractor, or subcontractor, if a private person, would be liable to the claimant in accordance with the law of the jurisdiction in which the act or omission occurred. (5) Office.--The term ``Office'' means the Office of Gold King Mine Spill Claims established by section 4(b)(1). SEC. 4. COMPENSATION FOR VICTIMS OF GOLD KING MINE SPILL. (a) Federal Tort Claims.-- (1) In general.--Subject to paragraph (4), each injured person shall be entitled to receive from the United States compensation for a claim filed, or civil action brought, under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), arising out of or relating to an injury resulting from the Gold King Mine spill. (2) Effect of acceptance.--The acceptance by an injured person of compensation under paragraph (1) shall have the same effect as acceptance of compensation under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), or any other Federal or State law, arising out of or relating to the Gold King Mine spill. (3) Requirement.--The Administrator and the Attorney General shall process a claim filed, or civil action brought, pursuant to paragraph (1) as expeditiously as practicable. (4) Nonapplicability of limitation.--With respect to any claim under this Act arising out of, or relating to, an injury resulting from the Gold King Mine spill-- (A) the maximum amount limitation on claims described in the proviso of the first sentence of section 2672 of title 28, United States Code, shall be waived; and (B) the Administrator may provide compensation for the claim in an amount greater than $25,000 without prior written approval of the Attorney General (or a designee), as the Administrator determines to be appropriate. (b) Office of Gold King Mine Spill Claims.-- (1) Establishment.--There is established within the Environmental Protection Agency an Office of Gold King Mine Spill Claims. (2) Purpose.--The Office shall receive, process, and pay claims in accordance with this section. (3) Treatment.--The establishment of the Office by this subsection shall not diminish the ability of the Administrator to carry out the responsibilities of the Environmental Protection Agency under any other provision of law. (4) Detailees.--On request of the Administrator, the head of any Federal department or agency may detail, on a reimbursable basis, any personnel of that department or agency to the Office to assist in carrying out the duties under this Act. (c) Allowable Damages.-- (1) Property loss.--A claim that is paid for loss of property under this section may include otherwise-uncompensated damages resulting from the Gold King Mine spill for-- (A) a cost resulting from lost tribal subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities, or from lost use for traditional or ceremonial uses, conducted on land or water damaged by the Gold King Mine spill; (B) a cost of reforestation or revegetation on tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; (C) any costs borne by any injured person to determine the extent of-- (i) the damages to agricultural land; or (ii) any other damages covered by this Act; (D) any costs borne by an injured person who had to pay for water supplies or equipment to treat water during the period for which a water supply of the injured person was compromised by the Gold King Mine spill; and (E) any other loss that the Administrator determines to be appropriate for inclusion as loss of property. (2) Business loss.--A claim that is paid for an injury under this section may include damages resulting from the Gold King Mine spill for the following types of otherwise uncompensated business loss: (A) Damage to tangible assets or inventory. (B) Business interruption losses. (C) Overhead costs. (D) Employee wages for work not performed. (E) Any other loss that the Administrator determines to be appropriate for inclusion as a business loss. (3) Financial loss.--A claim that is paid for an injury under this section may include damages resulting from the Gold King Mine spill for the following types of otherwise uncompensated financial loss: (A) An insurance deductible. (B) Lost wages or personal income. (C) Emergency staffing expenses. (D) Debris removal and other cleanup costs. (E) Any other loss that the Administrator determines to be appropriate for inclusion as a financial loss. SEC. 5. LONG-TERM WATER QUALITY MONITORING PROGRAM; DESIGNATION AS SUPERFUND SITE. (a) Gold King Mine Spill Response Program.-- (1) In general.--The Administrator shall work with affected States and Indian tribes to develop, fund, and implement a long-term monitoring program for water quality of the Animas and San Juan Rivers in response to the Gold King Mine spill. (2) Requirement.--The program under paragraph (1) shall provide-- (A) full disclosure to the public of applicable water quality and sediment data; and (B) a clear and meaningful comparison between those data and all relevant water quality standards. (b) Sense of Congress.--It is the sense of Congress that the Administrator should-- (1) consult with all local communities along the Animas and San Juan Rivers affected by the Gold King Mine spill, the Navajo Nation, the Southern Ute Indian Tribe, and the States of Colorado and New Mexico to determine whether it is appropriate to seek a designation for the Upper Animas River watershed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and (2) prioritize the construction of a water treatment plant in the Upper Animas River basin to significantly reduce the ongoing heavy metal discharge into the Animas River from Cement Creek. SEC. 6. AMENDMENT TO CERCLA. Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following: ``SEC. 129. MINING-RELATED PROVISIONS. ``(a) Assessments.--The Administrator, the Secretary of Agriculture, and the Secretary of the Interior, in coordination with the Governors of affected States, the heads of appropriate research universities, and the heads of other relevant Federal departments and agencies, shall-- ``(1) not later than 180 days after the date of enactment of this section, review known, existing abandoned and inactive mines-- ``(A) to identify the most dangerous abandoned and inactive mines on public land and private land with respect to the existence of pollution and the potential to release any hazardous substance or other pollutant, particularly with respect to contamination of water; and ``(B) to establish a priority plan for activities for removal and remediation of the hazardous substances and other pollutants; ``(2) periodically thereafter, as appropriate, update the priority plan established under paragraph (1)(B) as new information becomes available; and ``(3) develop a long-term research initiative to evaluate the physical, chemical, and geological attributes of closed, abandoned, and inactive mines and pursue technological developments to aid in the cleanup of such mines. ``(b) Actions Prior to Certain Activities.--Before conducting any activity at a mine that presents the significant potential for accidental discharge of a hazardous substance or other pollutant, the Administrator or the head of any other Federal department or agency carrying out an activity for mine remediation shall-- ``(1) provide to each tribal, State, and local unit of government the resources or residents of which may be affected by such a discharge notice regarding the activity; and ``(2) develop a spill prevention, control, and countermeasures plan to avoid and mitigate the impacts of such a discharge.''. SEC. 7. EFFECT OF ACT. Nothing in this Act (or an amendment made by this Act) provides for compensation of any injured person pursuant to this Act (or an amendment made by this Act) from the Hazardous Substances Superfund established by section 9507(a) of the Internal Revenue Code of 1986.", "summary": "Gold King Mine Spill Recovery Act of 2015 This bill entitles persons to compensation for allowable damages (i.e., property, business, or financial losses) under the Federal Tort Claims Act if they were injured by the spill into Cement Creek from the Gold King Mine near Silverton, Colorado. The spill occurred on August 5, 2015. The bill establishes an Office of Gold King Mine Spill Claims within the Environmental Protection Agency (EPA) to process and pay compensation claims. The EPA must work with affected states and Indian tribes to develop, fund, and implement a long-term monitoring program for water quality of the Animas and San Juan Rivers in response to the spill. The bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 by requiring certain agencies to work with affected states as well as research universities to: (1) identify the most dangerous abandoned and inactive mines, (2) establish a priority plan for cleaning up those mines, (3) update the plan as new information becomes available, and (4) develop a long-term research initiative. That initiative must evaluate the physical, chemical, and geological attributes of closed, abandoned, and inactive mines and pursue technological developments to aid in the cleanup of those mines. Prior to carrying out mine remediation activities, agencies must: (1) provide affected tribal, state, and local governments notice of such activities; and (2) develop a spill prevention, control, and countermeasures plan for avoiding and mitigating the impacts of a spill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Water Integration Act of 2009''. SEC. 2. ENERGY WATER NEXUS STUDY. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Energy (referred to in this Act as the ``Secretary''), in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct an in-depth analysis of the impact of energy development and production on the water resources of the United States. (b) Scope of Study.-- (1) In general.--The study described in subsection (a) shall be comprised of each assessment described in paragraphs (2) through (4). (2) Transportation sector assessment.-- (A) In general.--The study shall include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of transportation fuels, or electricity, to evaluate the ratio that-- (i) the quantity of water withdrawn and consumed in the production of transportation fuels (measured in gallons), or electricity (measured in kilowatts); bears to (ii) the total distance (measured in miles) that may be traveled as a result of the consumption of transportation fuels, or electricity. (B) Scope of assessment.-- (i) In general.--The assessment shall include, as applicable-- (I) the exploration for, and extraction or growing of, energy feedstock; (II) the processing of energy feedstock into transportation fuel; (III) the generation, transportation, and storage of electricity for transportation; and (IV) the conduct of an analysis of the efficiency with which the transportation fuel is consumed. (ii) Fuels.--The assessment shall contain an analysis of transportation fuel sources, including-- (I) domestically produced crude oil (including products derived from domestically produced crude oil); (II) imported crude oil (including products derived from imported crude oil); (III) domestically produced natural gas (including liquid fuels derived from natural gas); (IV) imported natural gas (including liquid fuels derived from natural gas); (V) oil shale; (VI) tar sands; (VII) domestically produced corn- based ethanol; (VIII) imported corn-based ethanol; (IX) advanced biofuels (including cellulosic- and algae-based biofuels); (X) coal to liquids (including aviation fuel, diesel, and gasoline products); (XI) electricity consumed in-- (aa) fully electric drive vehicles; and (bb) plug-in hybrid vehicles; (XII) hydrogen; and (XIII) any reasonably foreseeable combination of any transportation fuel source described in subclauses (I) through (XII). (3) Electricity sector assessment.-- (A) In general.--The study shall include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of electricity to evaluate the ratio that-- (i) the quantity of water used and consumed in the production of electricity (measured in gallons); bears to (ii) the quantity of electricity that is produced (measured in kilowatt-hours). (B) Scope of assessment.--The assessment shall include, as applicable-- (i) the exploration for, or extraction or growing of, energy feedstock; (ii) the processing of energy feedstock for electricity production; and (iii) the production of electricity. (C) Generation types.--The assessment shall contain an evaluation and analysis of electricity generation facilities that are constructed in accordance with different plant designs (including different cooling technologies such as water, air, and hybrid systems, and technologies designed to minimize carbon dioxide releases) based on the fuel used by the facility, including-- (i) coal; (ii) natural gas; (iii) oil; (iv) nuclear energy; (v) solar energy; (vi) wind energy; (vii) geothermal energy; (viii) biomass; (ix) the beneficial use of waste heat; and (x) any reasonably foreseeable combination of any fuel described in clauses (i) through (ix). (4) Assessment of additional impacts.--In addition to the impacts associated with the direct use and consumption of water resources in the transportation and electricity sectors described in paragraphs (2) and (3), the study shall contain an identification and analysis of any unique water impact associated with a specific fuel source, including an impact resulting from-- (A) any extraction or mining practice; (B) the transportation of feedstocks from the point of extraction to the point of processing; (C) the transportation of fuel and power from the point of processing to the point of consumption; and (D) the location of a specific fuel source that is limited to 1 or more specific geographical regions. (c) Report to Secretary.--Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Secretary a report that contains a summary of the results of the study conducted under this section. (d) Availability of Results of Study.--On the date on which the National Academy of Sciences completes the study under this section, the National Academy of Sciences shall make available to the public the results of the study. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. SEC. 3. POWER PLANT WATER AND ENERGY EFFICIENCY. (a) In General.--To protect water supplies and promote the efficient use of water in the electricity production sector, the Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall conduct a study to identify the best available technologies and related strategies to maximize water and energy efficiency in the production of electricity by each type of generation. (b) Generation Types.--The study shall include an evaluation of different types of generation facilities, including-- (1) coal facilities, under which the evaluation shall account for-- (A) different types of coal and associated generating technologies; and (B) the use of technologies designed to minimize and sequester carbon dioxide releases; (2) oil and natural gas facilities, under which the evaluation shall account for the use of technologies designed to minimize and sequester carbon dioxide releases; (3) hydropower, including turbine upgrades, incremental hydropower, in-stream hydropower, and pump-storage projects; (4) thermal solar facilities; and (5) nuclear facilities. (c) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended. SEC. 4. WATER CONSERVATION AND ENERGY SAVINGS STUDY. (a) Definitions.--In this section: (1) Major reclamation project.--The term ``major Reclamation project'' means a multipurpose project authorized by the Federal Government and carried out by the Bureau of Reclamation. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (b) Study.-- (1) In general.--In accordance with paragraph (2), to promote the efficient use of energy in water distribution systems, the Secretary shall conduct a study to evaluate the quantities of energy used in water storage and delivery operations in major Reclamation projects. (2) Elements.--In conducting the study, the Secretary shall-- (A) with respect to each major Reclamation project-- (i) assess and estimate the annual energy consumption associated with the major Reclamation project; and (ii) identify-- (I) each major Reclamation project that consumes the greatest quantity of energy; and (II) the aspect of the operation of each major Reclamation project described in subclause (I) that is the most energy intensive (including water storage and releases, water delivery, and administrative operations); and (B) identify opportunities to significantly reduce current energy consumption and costs with respect to each major Reclamation project described in subparagraph (A), including, as applicable, through-- (i) reduced groundwater pumping; (ii) improved reservoir operations; (iii) infrastructure rehabilitation; (iv) water reuse; and (v) the integration of renewable energy generation with project operations. (c) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended. SEC. 5. BRACKISH GROUNDWATER NATIONAL DESALINATION RESEARCH FACILITY. (a) Definitions.--In this section: (1) Facility.--The term ``facility'' means the Brackish Groundwater National Desalination Research Facility, located in Otero County, New Mexico. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Duty of Secretary.--The Secretary shall operate, manage, and maintain the facility to carry out research, development, and demonstration activities to develop technologies and methods that promote brackish groundwater desalination as a viable method to increase water supply in a cost-effective manner. (c) Objectives; Activities.-- (1) Objectives.--The Secretary shall operate and manage the facility as a state-of-the-art desalination research center-- (A) to develop new water and energy technologies with widespread applicability; and (B) to create new supplies of usable water for municipal, agricultural, industrial, or environmental purposes. (2) Activities.--In operating, managing, and maintaining the facility under subsection (b), the Secretary shall carry out-- (A) as a priority, the development of renewable energy technologies for integration with desalination technologies-- (i) to reduce the capital and operational costs of desalination; (ii) to minimize the environmental impacts of desalination; and (iii) to increase public acceptance of desalination as a viable water supply process; (B) research regarding various desalination processes, including improvements in reverse and forward osmosis technologies; (C) the development of innovative methods and technologies to reduce the volume and cost of desalination concentrated wastes in an environmentally sound manner; (D) an outreach program to create partnerships with States, academic institutions, private entities, and other appropriate organizations to conduct research, development, and demonstration activities, including the establishment of rental and other charges to provide revenue to help offset the costs of operating and maintaining the facility; and (E) an outreach program to educate the public on-- (i) desalination and renewable energy technologies; and (ii) the benefits of using water in an efficient manner. (d) Authority of Secretary.--The Secretary may enter into contracts or other agreements with, or make grants to, appropriate entities to carry out this section, including an agreement with an academic institution to manage research activities at the facility. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended. SEC. 6. ENHANCED INFORMATION ON WATER-RELATED ENERGY CONSUMPTION. Section 205 of the Department of Energy Organization Act (42 U.S.C. 7135) is amended by adding at the end the following: ``(n) Water-Related Energy Consumption.-- ``(1) In general.--Not less than once during each 3-year period, to aid in the understanding and reduction of the quantity of energy consumed in association with the use of water, the Administrator shall conduct an assessment under which the Administrator shall collect information on energy consumption in various sectors of the economy that are associated with the acquisition, treatment, or delivery of water. ``(2) Required sectors.--An assessment described in paragraph (1) shall contain an analysis of water-related energy consumption for all relevant sectors of the economy, including water used for-- ``(A) agricultural purposes; ``(B) municipal purposes; ``(C) industrial purposes; and ``(D) domestic purposes. ``(3) Effect.--Nothing in this subsection affects the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a).''. SEC. 7. ENERGY-WATER RESEARCH AND DEVELOPMENT ROADMAP. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary shall develop a document to be known as the ``Energy-Water Research and Development Roadmap'' to define the future research, development, demonstration, and commercialization efforts that are required to address emerging water-related challenges to future, cost-effective, reliable, and sustainable energy generation and production. (b) Report.--Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the document described in subsection (a), including recommendations for any future action with respect to the document.", "summary": "Energy and Water Integration Act of 2009 - Directs the Secretary of Energy (the Secretary) to enter into an arrangement with the National Academy of Sciences to conduct an in-depth analysis of the impact of energy development and production on U.S. water resources. Requires the study to include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of transportation fuels or electricity. Requires the Secretary to conduct a study to identify the best available technologies and related strategies to maximize water and energy efficiency in the production of electricity by each type of generation (coal, oil and natural gas, hydropower, thermal solar, and nuclear). Directs the Secretary of the Interior: (1) acting through the Commissioner of Reclamation, to conduct a study to evaluate the quantities of energy used in water storage and delivery operations in major reclamation projects; and (2) to operate, manage, and maintain the Brackish Groundwater National Desalination Research Facility in Otero County, New Mexico, to carry out research, development, and demonstration activities to develop technologies and methods that promote brackish groundwater desalination as a viable method to increase water supply in a cost-effective manner. Amends the Department of Energy Organization Act to require the Administrator of the Energy Information Administration to conduct an assessment of energy consumption in various sectors of the economy that are associated with the acquisition, treatment, or delivery of water. Requires the Secretary to develop an Energy-Water Research and Development Roadmap."}
{"article": "SECTION 1. DEMONSTRATION PROJECT TO INCLUDE CERTAIN COVERED BENEFICIARIES WITHIN FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) Demonstration Project.--(1) Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1107. Health care coverage through Federal Employees Health Benefits program: demonstration project ``(a) FEHBP Option Demonstration.--(1) Subject to paragraph (2), the Secretary of Defense, after consulting with the other administering Secretaries, shall enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered beneficiaries described in subsection (b) and residing within the area covered by the demonstration project will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits program under chapter 89 of title 5. ``(2) The authority to enter into the agreement described in paragraph (1) and to conduct the demonstration project provided for by the agreement shall be subject to the availability of appropriations to carry out the demonstration project. ``(b) Eligible Covered Beneficiaries.--(1) A covered beneficiary referred to in subsection (a) is a member or former member of the uniformed services described in section 1074(b) of this title, or a dependent of the member described in section 1076(b) of this title, who is or becomes entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). ``(2) A covered beneficiary described in paragraph (1) shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 as a condition for enrollment in health benefits plans offered through the Federal Employee Health Benefits program under the demonstration project. However, if the covered beneficiary is enrolled in the supplemental medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) before the covered beneficiary enrolls in a health benefits plan offered pursuant to subsection (a), the covered beneficiary shall be required to remain enrolled in such supplemental medical insurance program during the term of the demonstration project. ``(c) Area of Demonstration Project.--The Secretary of Defense shall carry out the demonstration project in two geographic areas as follows: ``(1) One area shall include the catchment area of one or more military medical treatment facilities, within which not more than 25,000 eligible covered beneficiaries reside. ``(2) The other area shall not include the catchment area of any military medical treatment facility and not more than 25,000 eligible covered beneficiaries may reside in the area. ``(d) Time for Demonstration Project.--The Secretary of Defense shall conduct the demonstration project during at least two, but not more than three, contract years under the Federal Employees Health Benefits program. ``(e) Management of Participation.--The authority responsible for approving retired or retainer pay or equivalent pay in the case of a member or former member shall manage the participation of the member or former member, or dependents of the member or former member, who enroll in health benefits plans offered through the Federal Employee Health Benefits program pursuant to subsection (a). Such authority shall distribute program information to eligible covered beneficiaries, process enrollment applications, forward all required contributions to the Employees Health Benefits Fund established under section 8909 of title 5 in a timely manner, assist in the reconciliation of enrollment records with health plans, and prepare such reports as the Office of Personnel Management may require in its administration of chapter 89 of title 5. ``(f) Separate Risk Pools; Charges.--(1) The Office of Personnel Management shall require health benefits plans under chapter 89 of title 5 that participate in the demonstration project to maintain a separate risk pool for purposes of establishing premium rates for covered beneficiaries who enroll in such a plan in accordance with this section. ``(2) The Office shall determine total subscription charges for self only or for family coverage for covered beneficiaries who enroll in a health benefits plan under chapter 89 of title 5 in accordance with this section, which shall include premium charges paid to the plan and amounts described in section 8906(c) of title 5 for administrative expenses and contingency reserves. ``(g) Government Contributions.--The Secretary of Defense shall be responsible for the Government contribution for an eligible covered beneficiary who enrolls in a health benefits plan under chapter 89 of title 5 in accordance with this section, except that the amount of the contribution may not exceed the amount of the Government contribution which would be payable if the electing individual were an employee enrolled in the same health benefits plan and level of benefits. ``(h) Effect of Cancellation.--The cancellation by a covered beneficiary of coverage under the Federal Employee Health Benefits program shall be irrevocable during the term of the demonstration project. ``(i) Reporting Requirements.--Not later than May 31 of each year in which the demonstration project is conducted, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly submit a report to Congress describing the provision of health care services to covered beneficiaries under this section during the preceding calendar year. The report shall address or contain the following: ``(1) The number of covered beneficiaries enrolled in health benefits plans offered through the Federal Employee Health Benefits program pursuant to subsection (a), both in terms of total number and as a percentage of all covered beneficiaries receiving health care through the health care system of the uniformed services. ``(2) Any changes in enrollment patterns and numbers compared to previous open seasons under the demonstration project. ``(3) The out-of-pocket cost to enrollees under such health benefits plans and a comparison of those costs to the costs incurred by other enrollees under the Federal Employee Health Benefits program. ``(4) The cost to the Government (including the Department of Defense, the Department of Transportation, and the Department of Health and Human Services) of providing care under such health benefits plans. ``(5) A comparison of the costs determined under paragraphs (3) and (4) and the costs that would have otherwise been incurred by the Government and enrollees under alternative health care options available to the administering Secretaries. ``(6) The effect of this section on the cost, access, and utilization rates of other health care options under the health care system of the uniformed services.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1107. Health care coverage through Federal Employees Health Benefits program: demonstration project.''. (b) Chapter 89 of title 5, United States Code, is amended-- (1) in section 8905-- (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: ``(d) An individual whom the Secretary of Defense determines is an eligible covered beneficiary under subsection (b) of section 1107 of title 10 may enroll, as part of the demonstration project under such section, in a health benefits plan under this chapter in accordance with the agreement under subsection (a) of such section between the Secretary and the Office and applicable regulations under this chapter.''; (2) in section 8906(b)-- (A) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs (2), (3), and (4)''; and (B) by adding at the end the following new paragraph: ``(4) In the case of individuals who enroll, as part of the demonstration project under section 1107 of title 10, in a health benefits plan in accordance with section 8905(d) of this title, the Government contribution shall be determined in accordance with section 1107(g) of title 10.''; and (3) in section 8906(g)-- (A) in paragraph (1), by striking ``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and (3)''; and (B) by adding at the end the following new paragraph: ``(3) The Government contribution described in subsection (b)(4) for beneficiaries who enroll, as part of the demonstration project under section 1107 of title 10, in accordance with section 8905(d) of this title shall be paid as provided in section 1107(g) of title 10.''.", "summary": "Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements."}
{"article": "SECTION 1. FINANCIAL INFORMATION PRIVACY. (a) In General.--The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``TITLE X--FINANCIAL INFORMATION PRIVACY PROTECTION ``Sec. ``1001. Short title. ``1002. Definitions. ``1003. Privacy protection for customer information of financial institutions. ``1004. Administrative enforcement. ``1005. Civil liability. ``1006. Criminal penalty. ``1007. Relation to State laws. ``1008. Agency guidance. ``Sec. 1001. Short title ``This title may be cited as the `Financial Information Privacy Act'. ``Sec. 1002. Definitions ``For purposes of this title, the following definitions shall apply: ``(1) Customer.--The term `customer' means, with respect to a financial institution, any person (or authorized representative of a person) to whom the financial institution provides a product or service, including that of acting as a fiduciary. ``(2) Customer information of a financial institution.--The term `customer information of a financial institution' means any information maintained by a financial institution which is derived from the relationship between the financial institution and a customer of the financial institution and is identified with the customer. ``(3) Document.--The term `document' means any information in any form. ``(4) Financial institution.-- ``(A) In general.--The term `financial institution' means any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution. ``(B) Certain financial institutions specifically included.--The term `financial institution' includes any depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act), any loan or finance company, any credit card issuer or operator of a credit card system, and any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (as defined in section 603(p)). ``(C) Further definition by regulation.--The Board of Governors of the Federal Reserve System may prescribe regulations further defining the term `financial institution', in accordance with subparagraph (A), for purposes of this title. ``Sec. 1003. Privacy protection for customer information of financial institutions ``(a) Prohibition on Obtaining Customer Information by False Pretenses.--It shall be a violation of this title for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person-- ``(1) by knowingly making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial institution with the intent to deceive the officer, employee, or agent into relying on that statement or representation for purposes of releasing the customer information; ``(2) by knowingly making a false, fictitious, or fraudulent statement or representation to a customer of a financial institution with the intent to deceive the customer into relying on that statement or representation for purposes of releasing the customer information or authorizing the release of such information; or ``(3) by knowingly providing any document to an officer, employee, or agent of a financial institution, knowing that the document is forged, counterfeit, lost, or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation, if the document is provided with the intent to deceive the officer, employee, or agent into relying on that document for purposes of releasing the customer information. ``(b) Prohibition on Solicitation of a Person To Obtain Customer Information From Financial Institution Under False Pretenses.--It shall be a violation of this title to request a person to obtain customer information of a financial institution, knowing or consciously avoiding knowing that the person will obtain, or attempt to obtain, the information from the institution in any manner described in subsection (a). ``(c) Nonapplicability to Law Enforcement Agencies.--No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, to obtain customer information of a financial institution in connection with the performance of the official duties of the agency. ``(d) Nonapplicability to Financial Institutions in Certain Cases.--No provision of this section shall be construed so as to prevent any financial institution, or any officer, employee, or agent of a financial institution, from obtaining customer information of such financial institution in the course of-- ``(1) testing the security procedures or systems of such institution for maintaining the confidentiality of customer information; ``(2) investigating allegations of misconduct or negligence on the part of any officer, employee, or agent of the financial institution; or ``(3) recovering customer information of the financial institution which was obtained or received by another person in any manner described in subsection (a) or (b). ``(e) Nonapplicability to Certain Types of Customer Information of Financial Institutions.--No provision of this section shall be construed so as to prevent any person from obtaining customer information of a financial institution that otherwise is available as a public record filed pursuant to the securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934). ``Sec. 1004. Administrative enforcement ``(a) Enforcement by Federal Trade Commission.--Except as provided in subsection (b), compliance with this title shall be enforced by the Federal Trade Commission in the same manner and with the same power and authority as the Commission has under title VIII, the Fair Debt Collection Practices Act, to enforce compliance with such title. ``(b) Enforcement by Other Agencies in Certain Cases.-- ``(1) In general.--Compliance with this title shall be enforced under-- ``(A) section 8 of the Federal Deposit Insurance Act, in the case of-- ``(i) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; ``(ii) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act, by the Board; ``(iii) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System and national nonmember banks) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; and ``(iv) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, by the Director of the Office of Thrift Supervision; and ``(B) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union. ``(2) Violations of this title treated as violations of other laws.--For the purpose of the exercise by any agency referred to in paragraph (1) of its powers under any Act referred to in that paragraph, a violation of this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in paragraph (1), each of the agencies referred to in that paragraph may exercise, for the purpose of enforcing compliance with this title, any other authority conferred on such agency by law. ``(c) State Action for Violations.-- ``(1) Authority of states.--In addition to such other remedies as are provided under State law, if the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating this title, the State-- ``(A) may bring an action to enjoin such violation in any appropriate United States district court or in any other court of competent jurisdiction; ``(B) may bring an action on behalf of the residents of the State to recover damages of not more than $1,000 for each violation; and ``(C) in the case of any successful action under subparagraph (A) or (B), shall be awarded the costs of the action and reasonable attorney fees as determined by the court. ``(2) Rights of federal regulators.-- ``(A) Prior notice.--The State shall serve prior written notice of any action under paragraph (1) upon the Federal Trade Commission and, in the case of an action which involves a financial institution described in section 1004(b)(1), the agency referred to in such section with respect to such institution and provide the Federal Trade Commission and any such agency with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. ``(B) Right to intervene.--The Federal Trade Commission or an agency described in subsection (b) shall have the right-- ``(i) to intervene in an action under paragraph (1); ``(ii) upon so intervening, to be heard on all matters arising therein; ``(iii) to remove the action to the appropriate United States district court; and ``(iv) to file petitions for appeal. ``(3) Investigatory powers.--For purposes of bringing any action under this subsection, no provision of this subsection shall be construed as preventing the chief law enforcement officer, or an official or agency designated by a State, from exercising the powers conferred on the chief law enforcement officer or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(4) Limitation on state action while federal action pending.--If the Federal Trade Commission or any agency described in subsection (b) has instituted a civil action for a violation of this title, no State may, during the pendency of such action, bring an action under this section against any defendant named in the complaint of the Federal Trade Commission or such agency for any violation of this title that is alleged in that complaint. ``Sec. 1005. Civil liability ``Any person, other than a financial institution, who fails to comply with any provision of this title with respect to any financial institution or any customer information of a financial institution shall be liable to such financial institution or the customer to whom such information relates in an amount equal to the sum of the amounts determined under each of the following paragraphs: ``(1) Actual damages.--The greater of-- ``(A) the amount of any actual damage sustained by the financial institution or customer as a result of such failure; or ``(B) any amount received by the person who failed to comply with this title, including an amount equal to the value of any nonmonetary consideration, as a result of the action which constitutes such failure. ``(2) Additional damages.--Such additional amount as the court may allow. ``(3) Attorneys' fees.--In the case of any successful action to enforce any liability under paragraph (1) or (2), the costs of the action, together with reasonable attorneys' fees. ``Sec. 1006. Criminal penalty ``(a) In General.--Whoever violates, or attempts to violate, section 1003 shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both. ``(b) Enhanced Penalty for Aggravated Cases.--Whoever violates, or attempts to violate, section 1003 while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period shall be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of title 18, United States Code, imprisoned for not more than 10 years, or both. ``Sec. 1007. Relation to State laws ``(a) In General.--This title shall not be construed as superseding, altering, or affecting the statutes, regulations, orders, or interpretations in effect in any State, except to the extent that such statutes, regulations, orders, or interpretations are inconsistent with the provisions of this title, and then only to the extent of the inconsistency. ``(b) Greater Protection Under State Law.--For purposes of this section, a State statute, regulation, order, or interpretation is not inconsistent with the provisions of this title if the protection such statute, regulation, order, or interpretation affords any person is greater than the protection provided under this title. ``Sec. 1008. Agency guidance ``In furtherance of the objectives of this title, each Federal banking agency (as defined in section 3(z) of the Federal Deposit Insurance Act) shall issue advisories to depository institutions under the jurisdiction of the agency, in order to assist such depository institutions in deterring and detecting activities proscribed under section 1003.''. (b) Report to the Congress.--Before the end of the 18-month period beginning on the date of the enactment of this Act, the Comptroller General, in consultation with the Federal Trade Commission, Federal banking agencies, and appropriate Federal law enforcement agencies, shall submit to the Congress a report on the following: (1) The efficacy and adequacy of the remedies provided in the amendments made by subsection (a) in addressing attempts to obtain financial information by fraudulent means or by false pretenses. (2) Any recommendations for additional legislative or regulatory action to address threats to the privacy of financial information created by attempts to obtain information by fraudulent means or false pretenses.", "summary": "Financial Information Privacy Act - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview; and (2) authorize the Board of Governors of the Federal Reserve System to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act. Declares it a violation of this Act to obtain or disclose under false pretenses customer information of a financial institution. Grants the Federal Trade Commission (FTC), certain banking regulatory agencies, and the States enforcement powers under this Act. Subjects violations of this Act to civil liability for damages and Federal criminal penalties. Requires each Federal banking agency to issue advisories to depository institutions within its purview in order to assist in deterring and detecting the acts proscribed by this Act. Requires the Comptroller General to report to the Congress on: (1) the efficacy and adequacy of the remedies provided in this Act; and (2) recommendations for additional action to address threats to the privacy of financial information."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``PLO Accountability Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The Palestine Liberation Organization (PLO) Mission office, representing the PLO, and by extension, the Palestinian Authority (PA), in Washington, DC, was opened in 1994 in order to implement the Oslo Accords, which initiated direct negotiations between the PLO and the Government of Israel. (2) Section 1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204; 22 U.S.C. 5202), makes it unlawful to ``establish or maintain an office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States at the behest or direction of, or with funds provided by the Palestine Liberation Organization or any of its constituent groups, any successor to any of those, or any agents thereof''. (3) Using various authorities, the executive branch has waived the provisions of section 1003 of the Anti-Terrorism Act of 1987. (4) Article XXXI, clause 7, of the Israeli-Palestinian Interim Agreement on the Status of the West Bank and the Gaza Strip (September 28, 1995) states that ``Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations''. (5) In January 2009, the PLO sent a declaration to the International Criminal Court under Article 12(3) of the Rome Statute of the International Criminal Court on behalf of the Palestinian Authority. (6) On October 31, 2011, the United Nations Educational, Scientific and Cultural Organization (UNESCO) voted to admit the ``State of Palestine'' as its 195th full member. Since being admitted, the Palestinians have used UNESCO to pass anti- Israel resolutions, including a recent effort to deny the historical connection of the Jewish people to holy sites including the Temple Mount and Western Wall in Jerusalem. (7) On November 29, 2012, the United Nations General Assembly voted to accord the ``State of Palestine'' status as a nonmember observer State at the United Nations. (8) On April 2, 2014, the PLO joined the Geneva Conventions as well as 13 other organizations. (9) On January 2, 2015, the PLO acceded to the Rome Statute, and on January 16, 2015, the Prosecutor of the International Criminal Court opened a ``preliminary examination of the situation in Palestine'' after accepting jurisdiction of the International Criminal Court over ``alleged crimes committed in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014''. (10) The PLO's decision to accede to the Rome Statute as well as several international organizations is an attempt to change the status of the West Bank and the Gaza Strip outside of direct negotiations between the Israelis and Palestinians. (11) On January 7, 2015, the Department of State's Office of the Spokesperson stated, ``we have made clear our opposition to Palestinian action in seeking to join the Rome Statute of the International Criminal Court''. (12) On April 1, 2015, the ``State of Palestine'' officially became a member of the International Criminal Court. (13) The PLO and PA continue to engage in incitement and glorify terrorism, and reward terrorists, their families, and the families of those who died committing terrorist attacks with roughly $300,000,000 annually in salaries and benefits, providing a higher reward to those with longer jail sentences. (14) On August 30, 2016, Deputy Secretary of State, Anthony J. Blinken, submitted to Congress a report as required under section 804(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246), sections 603 and 604 of the Middle East Peace Commitments Act of 2002 (subtitle A of title VI of Public Law 107-228), and section 699 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228). (15) In this report, Deputy Secretary of State Blinken, acting under authority delegated to him as Deputy Secretary pursuant to the President's Delegation of Functions on April 30, 2009, made the determination that ``the PLO and PA are not in compliance with certain commitments to prevent violations, discipline violators, and assume responsibility over all PLO elements . . . thus the sanction specified in section 604(a)(2) of [Public Law 107-228], calling for a downgrade in status of the PLO office in Washington, DC, has been imposed''. (16) On January 31, 2017, then Acting Secretary of State, Thomas Shannon, pursuant to the President's Delegation of Functions dated April 30, 2009, submitted to Congress a similar report to Congress as required under section 804(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, sections 603 and 604 of the Middle East Peace Commitments Act of 2002, and section 699 of the Foreign Relations Authorization Act, Fiscal Year 2003, in which the same determination was made that the PLO and PA are not in compliance with their commitments, and imposed the same sanction of a downgrade in the status of the PLO office in Washington, DC. (17) In both the August 30, 2016, and January 31, 2017, reports, the sanctions were immediately waived. (18) Section 604(a) of the Foreign Relations Authorization Act, Fiscal Year 2003 requires that if the President determines that the PLO or the Palestinian Authority has not complied with each of the commitments specified in such section, the President shall impose one or more of the following sanctions: (A) The denial of visas to PLO and PA officials. (B) The downgrade in status of the PLO office in the United States. (C) The designation as a foreign terrorist organization of the PLO, or one or more of its constituent groups (including Fatah). (D) The prohibition on United States assistance to the West Bank and Gaza (except humanitarian assistance). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Palestine Liberation Organization (PLO) has failed to live up to its commitment to a bilateral peace process with Israel, renounce violence, accept Israel's right to exist, honor previous diplomatic agreements made by the Palestinians, and continues to circumvent a negotiated settlement with Israel by seeking unilateral statehood at the United Nations and from other countries, actively endorsing terror, and supporting boycotts, divestments, and sanctions (BDS) against Israel; (2) the Palestinian initiation of an International Criminal Court preliminary examination, investigation, or active support for such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians, is part of a deliberate effort to engage in diplomatic, legal warfare against Israel and would violate the Palestinians' commitment to not change the status of the West Bank and Gaza Strip; (3) the only path towards solving the conflict is through direct negotiations between Israel and the Palestinians; (4) the Palestinians should not turn to outside parties, including international organizations, to impose or otherwise influence a solution; (5) it is in the national security interests of the United States to close down the PLO office in Washington, DC; and (6) the executive branch should avail itself of the range of sanctions as allowed under the authority to impose sanctions under section 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228) in order to hold the Palestinian leadership accountable. SEC. 4. PROHIBITIONS REGARDING THE PALESTINE LIBERATION ORGANIZATION UNDER THE ANTI-TERRORISM ACT OF 1987. Section 1003 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5202) is amended-- (1) by striking ``It shall be unlawful'' and inserting ``(a) In General.--It shall be unlawful''; and (2) by adding at the end the following: ``(b) Waiver.--Notwithstanding any other provision of law, including section 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228), the President may waive for a period of not more than 6 months the provisions of subsection (a) if the President determines and certifies in writing to Congress, not later than 45 days before the waiver is to take effect, that-- ``(1)(A) the Palestinians have not, on or after January 1, 2017, obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; ``(B) the Palestinians have officially ceased to be members of the International Criminal Court (ICC) and have withdrawn from the Rome Statute of the International Criminal Court; ``(C) any preliminary examination or ongoing investigation against Israel, the Government of Israel, the Israeli Armed or Security Forces, or any Israeli national initiated by, or on behalf of, the Palestinians, or referred to the ICC by a state party, the United Nations Security Council, or a Pre-Trial Chamber has been withdrawn and terminated; ``(D) the PLO and the Palestinian Authority no longer provide any financial award, payment, salary or benefit to Palestinians who have committed terrorist attacks, their families, or the families of those who died committing acts of terrorism; ``(E) the PLO and the Palestinian Authority has ceased to engage in a pattern of incitement against or with respect to the United States or Israel; or ``(2) the Palestinians have entered into a final negotiated peace agreement with, and have ceased all hostilities against, Israel. ``(c) Definition.--In subsection (b)(1)(E), the term `incitement' means to advocate, endorse, or express support for violence, martyrdom, or terrorism, or glorify, honor, or otherwise memorialize any person or group that has advocated, sponsored, or committed acts of terrorism, including the naming after or dedication to such person or group of any school, community center, camp, sports team, stadium, public square, street, land, landmark, waterway, or other facility.''.", "summary": "PLO Accountability Act of 2017 This bill amends the Anti-Terrorism Act of 1987 to authorize the President to waive for up to six months the prohibition against establishment or maintenance of Palestine Liberation Organization (PLO) offices, headquarters, premises, or other facilities within U.S. jurisdiction if the President certifies to Congress that the Palestinians have entered into a final negotiated peace agreement with, and have ceased hostilities against, Israel or that: the Palestinians have not, on or after January 1, 2017, obtained state standing in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; the Palestinians have officially ceased to be International Criminal Court (ICC) members and have withdrawn from the Rome Statute of the ICC; any ICC investigation against Israel initiated by, or on behalf of, the Palestinians has been withdrawn and terminated; the PLO and the Palestinian Authority (PA) no longer provide financial awards, payments, salaries, or benefits to Palestinians who have committed terrorist attacks, their families, or the families of those who died committing acts of terrorism; and the PLO and the PA have ceased to engage in a pattern of incitement against the United States or Israel."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Interstate Abortion Notification Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. Part I of title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to abortion and incest. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that the minor obtain an abortion, and thereby in fact abridges the right of a parent of the minor under a law requiring parental involvement in a minor's abortion decision, in force in the State in which the minor resides, shall be fined under this title or imprisoned not more than 1 year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent of a minor occurs if an abortion is performed or induced on the minor, in a State other than the State in which the minor resides or in a foreign country, without the parental consent or notification, or the judicial authorization, that would have been required under a law requiring parental involvement in a minor's abortion decision had the abortion been performed in the State in which the minor resides. ``(b) Exceptions.-- ``(1) Life-endangering conditions.--The prohibition under subsection (a) shall not apply if the abortion is necessary to save the life of the minor because her life is endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) Minors and parents.--A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 of this title based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant-- ``(1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required under the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State in which the minor resides; or ``(2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. ``(d) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection (a). ``(e) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child; ``(2) the term `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity not described in that subparagraph; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under a law requiring parental involvement in a minor's abortion decision; ``(4) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) an individual standing in loco parentis-- ``(i) who has care and control of the minor; ``(ii) with whom the minor regularly resides; and ``(iii) who is designated by the law requiring parental involvement in the minor's abortion decision as an individual to whom notification, or from whom consent, is required; and ``(5) the term `State' includes-- ``(A) the District of Columbia; ``(B) any commonwealth, possession, or other territory of the United States; and ``(C) any Indian tribe or reservation. ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to abortion and incest ``(a) Offense.--Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that the minor obtain an abortion, shall be fined under this title or imprisoned not more than 1 year, or both. ``(b) Definitions.--For the purposes of this section, the terms `abortion', `minor', and `State' have the meanings given those terms in section 2435.''. SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION. Part I of title 18, United States Code, is amended by inserting after chapter 117A (as added by section 2) the following: ``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION ``Sec. ``2435. Child interstate abortion notification. ``Sec. 2435. Child interstate abortion notification ``(a) Offense.-- ``(1) Generally.--A physician who knowingly performs or induces an abortion on a minor in violation of the requirements of this section shall be fined under this title or imprisoned not more than 1 year, or both. ``(2) Parental notification.-- ``(A) Actual notice.--A physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed or induced shall provide, or cause his or her agent to provide, not less than 24 hours actual notice to a parent of the minor before performing or inducing the abortion. ``(B) Constructive notice.--If actual notice to a parent under subparagraph (A) is not accomplished after a reasonable effort has been made, not less than 24 hours constructive notice shall be given to a parent of the minor before the abortion is performed or induced. ``(b) Exceptions.--The notification requirement under subsection (a)(2) shall not apply if-- ``(1) the abortion is performed or induced in a State that has in force a law requiring parental involvement in a minor's abortion decision and the physician complies with the requirements of that law; ``(2) the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion; ``(3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect; ``(4) the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, except that an exception under this paragraph shall not apply unless the attending physician or an agent of such physician, not later than 24 hours after completion of the abortion, notifies a parent of the minor in writing that an abortion was performed on the minor and of the circumstances that warranted invocation of this paragraph; or ``(5) the minor is physically accompanied by a person who presents the physician or his or her agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor. ``(c) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection (a). ``(d) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child; ``(2) the term `actual notice' means the giving of written notice directly, in person, by the physician or any agent of the physician; ``(3) the term `constructive notice' means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, excluding days on which mail is not delivered; ``(4) the term `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity not described in that subparagraph; ``(5) the term `minor' means an individual who-- ``(A) has not attained the age of 18 years; and ``(B) is not emancipated under the law of the State in which the minor resides; ``(6) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) an individual standing in loco parentis-- ``(i) who has care and control of the minor; and ``(ii) with whom the minor regularly resides, as determined by State law; ``(7) the term `physician' means-- ``(A) a doctor of medicine legally authorized to practice medicine by the State in which the doctor practices medicine; or ``(B) any other person legally empowered under State law to perform an abortion; and ``(8) the term `State' includes-- ``(A) the District of Columbia; ``(B) any commonwealth, possession, or other territory of the United States; and ``(C) any Indian tribe or reservation.''. SEC. 4. CLERICAL AMENDMENT. The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items: ``117A. Transportation of minors in circumvention of certain 2431 laws relating to abortion. ``117B. Child interstate abortion notification.............. 2435''. SEC. 5. SEVERABILITY AND EFFECTIVE DATE. (a) Severability.--The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b) Effective Date.--This Act and the amendments made by this Act shall take effect 45 days after the date of enactment of this Act.", "summary": "Child Interstate Abortion Notification Act This bill amends the federal criminal code to make it a crime to knowingly transport a minor to another state to obtain an abortion without satisfying a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion. A violator is subject to criminal penalties—a fine, up to one year in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition. This bill prohibits an individual who has committed incest with a minor from knowingly transporting the minor across a state line to receive an abortion. Additionally, this bill makes it a crime for a physician to knowingly perform or induce an abortion on an out-of-state minor without first complying with parental notification requirements, subject to specified exceptions. A physician violator is subject to criminal penalties—a fine, up to one year in prison, or both."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``High-End Computing Revitalization Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) high-end computing is a critical component of the scientific advances, defense capabilities, and commercial competitiveness of the United States in the 21st century; (2) with the deployment of the Earth System Simulator in Japan, the United States no longer has a clear lead in high-end computing worldwide; (3)(A) promising new architectures should be developed that increase memory and network bandwidth, minimize latency, and coordinate the architectures' various components to maximize application performance; and (B) it is recognized that different architectures may be better suited to different applications; (4)(A) software that improves efficiency on and accessibility to high-end systems should be developed; and (B) this development effort should include research in optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing, in collaboration with architecture development efforts; (5) without government support, market forces are unlikely to drive sufficient innovation in high-end computing, because the private sector would not capture the full value of its innovations on a short enough time frame; and (6) having played an important role in the development of high-end computing, networking, and information technology, the Department of Energy, and the research programs of the Office of Science of the Department, are particularly qualified to lead research in those fields. SEC. 3. DEFINITIONS. In this Act: (1) High-end computing system.-- (A) In general.--The term ``high-end computing system'' means a computing system with performance that substantially exceeds commonly available systems. (B) Inclusions.--The term ``high-end computing system'' includes a system described in subparagraph (A) that is based on a variety of architectures, including vector, reconfigurable logic, streaming, processor-in-memory, and multithreading architectures. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Director of the Office of Science of the Department of Energy. (4) Ultrascale scientific computing capability.--The term ``ultrascale scientific computing capability'' means a computing capability supporting open scientific research in the United States that is at least 100 times such computing capability in existence on the date of enactment of this Act. SEC. 4. HIGH-END COMPUTING SYSTEMS PROGRAM. (a) In General.--In addition to any other authority provided by law, the Secretary shall carry out a program of research and development (involving software and hardware) to advance high-end computing systems. (b) Duties.--In carrying out the program, the Secretary shall-- (1) support both individual investigators and multidisciplinary teams of investigators; (2) conduct research in multiple architectures, including vector, reconfigurable logic, streaming, processor-in-memory, and multithreading architectures; (3) conduct research in software development on optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems, in collaboration with architecture development efforts; (4) in accordance with subsection (c), develop, plan, construct, acquire, or operate equipment or facilities for the use of investigators conducting research and development on an ultrascale scientific computing capability; (5) support technology transfer to the private sector and others in accordance with applicable law; and (6) ensure that the program is coordinated with relevant activities in industry and other Federal agencies, including the National Nuclear Security Administration, the National Science Foundation, the Defense Advanced Research Projects Agency, and the National Security Agency. (c) Ultrascale Scientific Computing Capability.-- (1) In general.--As part of the program carried out under this Act, the Secretary shall develop, plan, construct, acquire, or operate a coordinated set of facilities for investigators to develop an ultrascale scientific computing capability for-- (A) scientific research and development using high- end computing systems; and (B) developing potential advancements in high-end computing system architecture and software. (2) Administration.--In carrying out this subsection, the Secretary shall-- (A) support multiple high-end computing system architectures; and (B) conduct research on the basis of proposals (including proposals that are submitted by industry, institutions of higher education, national laboratories, or any Federal agency) for research on problems that would particularly benefit from large computing power, even as the reliability of new hardware and software components are being evaluated. (d) High-End Software Development Center.-- (1) In general.--As part of the program carried out under this Act, the Secretary shall develop, plan, construct, acquire, or operate at least 1 High-End Software Development Center. (2) Duties.--A Center shall concentrate efforts to develop, test, maintain, and support optimal algorithms, programming environments, tools, languages, and operating systems for high- end computing systems. (3) Staff.--A Center shall include-- (A) a regular research staff, to create a centralized knowledge-base for high-end software development; and (B) a rotating staff of researchers from other institutions and industry to assist in the coordination of research efforts and promote technology transfer to the private sector. (4) Use of expertise.--The Secretary shall use the expertise of a Center to assess research and development in high-end computing system architecture. (5) Location.--The location of a Center shall be determined by a competitive proposal process administered by the Secretary. (e) Peer Review.--Each grant, contract, cooperative agreement, and financial assistance awarded under this section shall be made only after independent peer review. (f) Classified Research or Facilities.--No funds under this section may be used to directly support classified research or facilities. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to amounts made available for high-end computing systems under other provisions of law, there are authorized to be appropriated to the Secretary to carry out this Act-- (1) $150,000,000 for fiscal year 2005; (2) $155,000,000 for fiscal year 2006; (3) $160,000,000 for fiscal year 2007; (4) $165,000,000 for fiscal year 2008; and (5) $170,000,000 for fiscal year 2009. (b) Ultrascale Scientific Computing Capability.--Of the funds made available under subsection (a), $100,000,000 is authorized to be appropriated for each fiscal year to carry out section 4(c). (c) High-End Software Development Center.--Of the funds made available under subsection (a), $10,000,000 is authorized to be appropriated for each fiscal year to carry out section 4(d).", "summary": "High-End Computing Revitalization Act of 2004 - Instructs the Secretary of Energy to implement a research and development program to advance high-end computing systems, including establishment of a coordinated set of facilities for investigators to develop ultrascale scientific computing capability for: (1) scientific research and development using high-end computing systems; and (2) development of potential advancements in high-end computing system architecture and software. Requires such program to include establishment of at least one High-End Software Development Center."}
{"article": "SECTION 1. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE. (a) Repeal of Transfer of Functions.--Section 421 of the Homeland Security Act of 2002 (6 U.S.C. 231) is repealed. (b) Conforming Amendment to Function of Secretary of Homeland Security.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C. 202) is amended-- (1) by striking paragraph (7); and (2) by redesignating paragraph (8) as paragraph (7). (c) Transfer Agreement.-- (1) In general.--Not later than the effective date described in subsection (g), the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the return of functions required by the amendments made by this section. (2) Use of certain employees.--The agreement may include authority for the Secretary of Agriculture to use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants. (d) Restoration of Department of Agriculture Employees.--Not later than the effective date described in subsection (e), all full-time equivalent positions of the Department of Agriculture transferred to the Department of Homeland Security under section 421(g) of the Homeland Security Act of 2002 (6 U.S.C. 231(g)) (as in effect on the day before the effective date described in subsection (g)) shall be restored to the Department of Agriculture. (e) Authority of APHIS.-- (1) Establishment of program.--The Secretary of Agriculture shall establish within the Animal and Plant Health Inspection Service a program, to be known as the ``International Agricultural Inspection Program'', under which the Administrator of the Animal and Plant Health Inspection Service (referred to in this subsection as the ``Administrator'') shall carry out import and entry agricultural inspections. (2) Information gathering and inspections.--In carrying out the program under paragraph (1), the Administrator shall have full access to-- (A) each secure area of any terminal for screening passengers or cargo under the control of the Department of Homeland Security on the day before the date of enactment of this Act for purposes of carrying out inspections and gathering information; and (B) each database (including any database relating to cargo manifests or employee and business records) under the control of the Department of Homeland Security on the day before the date of enactment of this Act for purposes of gathering information. (3) Inspection alerts.--The Administrator may issue inspection alerts, including by indicating cargo to be held for immediate inspection. (4) Inspection user fees.--The Administrator may, as applicable-- (A) continue to collect any agricultural quarantine inspection user fee; and (B) administer any reserve account for the fees. (5) Career track program.-- (A) In general.--The Administrator shall establish a program, to be known as the ``import and entry agriculture inspector career track program'', to support the development of long-term career professionals with expertise in import and entry agriculture inspection. (B) Strategic plan and training.--In carrying out the program under this paragraph, the Administrator, in coordination with the Secretary of Agriculture, shall-- (i) develop a strategic plan to incorporate import and entry agricultural inspectors into the infrastructure protecting food, fiber, forests, bioenergy, and the environment of the United States from animal and plant pests, diseases, and noxious weeds; and (ii) as part of the plan under clause (i), provide training for import and entry agricultural inspectors participating in the program not less frequently than once each year to improve inspection skills. (f) Duties of Secretary.-- (1) In general.--The Secretary of Agriculture (referred to in this subsection as the ``Secretary'') shall-- (A) develop standard operating procedures for inspection, monitoring, and auditing relating to import and entry agricultural inspections, in accordance with recommendations from the Comptroller General of the United States and reports of interagency advisory groups, as applicable; and (B) ensure that the Animal and Plant Health Inspection Service has a national electronic system with real-time tracking capability for monitoring, tracking, and reporting inspection activities of the Service. (2) Federal and state cooperation.-- (A) Communication system.--The Secretary shall develop and maintain an integrated, real-time communication system with respect to import and entry agricultural inspections to alert State departments of agriculture of significant inspection findings of the Animal and Plant Health Inspection Service. (B) Advisory committee.-- (i) Establishment.--The Secretary shall establish a committee, to be known as the ``International Trade Inspection Advisory Committee'' (referred to in this subparagraph as the ``committee''), to advise the Secretary on policies and other issues relating to import and entry agricultural inspection. (ii) Model.--In establishing the committee, the Secretary shall use as a model the Agricultural Trade Advisory Committee. (iii) Membership.--The committee shall be composed of members representing-- (I) State departments of agriculture; (II) directors of ports and airports in the United States; (III) the transportation industry; (IV) the public; and (V) such other entities as the Secretary determines to be appropriate. (3) Report.--Not less frequently than once each year, the Secretary shall submit to Congress a report containing an assessment of-- (A) the resource needs for import and entry agricultural inspection, including the number of inspectors required; (B) the adequacy of-- (i) inspection and monitoring procedures and facilities in the United States; and (ii) the strategic plan developed under subsection (e)(5)(B)(i); and (C) new and potential technologies and practices, including recommendations regarding the technologies and practices, to improve import and entry agricultural inspection. (4) Funding.--The Secretary shall pay the costs of each import and entry agricultural inspector employed by the Animal and Plant Health Inspection Service-- (A) from amounts made available to the Department of Agriculture for the applicable fiscal year; or (B) if amounts described in subparagraph (A) are unavailable, from amounts of the Commodity Credit Corporation. (g) Effective Date.--The amendments made by this section take effect on the date that is 180 days after the date of enactment of this Act.", "summary": "Amends the Homeland Security Act to repeal the transfer of agricultural import and entry inspection functions from the Department of Agriculture to the Department of Homeland Security (DHS). Directs the Secretary of Agriculture to establish within the Animal and Plant Health Inspection Service the international agricultural inspection program to carry out import and entry agricultural inspections."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Remittance Services Enhancement and Protection Act of 2003''. SEC. 2. FEDERAL CREDIT UNION ACT AMENDMENT. Paragraph (12) of section 107 of the Federal Credit Union Act (12 U.S.C. 1757(12)) is amended to read as follows: ``(12) in accordance with regulations prescribed by the Board-- ``(A) to sell or provide for a fee negotiable checks (including travelers checks), money orders, international money transfer services, and other similar money transfer instruments and services; and ``(B) to cash checks and money orders;''. SEC. 3. DISCLOSURES REQUIRED. (a) Regulations.--Subject to paragraph (2), the appropriate Federal agencies shall jointly prescribe regulations that require any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer (whether or not the consumer maintains an account at such institution or business) to provide the following disclosures to the consumer before the consummation of the transaction: (1) Any fees to be charged to the recipient, including any exchange rate or currency conversion fees. (2) A final itemization of all costs to the consumer, which would include all fees charged, for the remittance. (3) The exact amount of foreign currency to be received by the recipient in the foreign country. (b) Language Requirement.--The disclosures required under subsection (a) shall be in English and in any other language used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at the office of the institution or business at which the international money transfer is initiated. (c) Definitions.--For purposes of this section, the following definitions shall apply: (1) Appropriate federal agency.--The term ``appropriate Federal agency'' means-- (A) the appropriate Federal banking agency, in the case of any insured depository institution; (B) the National Credit Union Administration, in the case of any insured credit union; and (C) the Federal Trade Commission, in the case of any financial institution or money transmitting business that is not an insured depository institution or insured credit union. (2) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (3) Insured credit union.--The term ``insured credit union'' has the same meaning as in section 101 of the Federal Credit Union Act; (4) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (5) International money transfer.--The term ``international money transfer'' means any money transmitting service originating in the United States and involving an international transaction which is provided by a financial institution or a money transmitting business. (6) Money transmitting service.--The term ``money transmitting service'' has the same meaning as in section 5330(d)(2) of title 31, United States Code. (7) Money transmitting business.--The term ``money transmitting business'' means any business which-- (A) provides check cashing, currency exchange, or money transmitting or remittance services, or issues or redeems money orders, travelers' checks, and other similar instruments; and (B) is not a depository institution (as defined in section 5313(g) of title 31, United States Code). (d) Administrative Enforcement.-- (1) Depository institutions.-- (A) In general.--Compliance with the requirements imposed under this section shall be enforced under-- (i) section 8 of the Federal Deposit Insurance Act, in the case of an insured depository institution, by the appropriate Federal banking agency; and (ii) the Federal Credit Union Act, in the case of any insured credit union (as defined in section 101 of the Federal Credit Union Act), by the National Credit Union Administration. (B) Applicability of other laws.-- (i) Violations of this section.--For the purpose of the exercise by any agency referred to in subparagraph (A) of its powers under any Act referred to in that subparagraph, a violation of any requirement imposed under this section shall be deemed to be a violation of a requirement imposed under that Act. (ii) Other authority.--In addition to its powers under any provision of law specifically referred to in subparagraph (A), each of the agencies referred to in such subparagraph may exercise, for the purpose of enforcing compliance with any requirement imposed under this section, any other authority conferred on it by law. (2) Other money transmitting businesses.-- (A) Appropriate federal regulator.--Except to the extent that enforcement of the requirements imposed under this section is specifically committed to some other Government agency under paragraph (1), the Federal Trade Commission shall enforce such requirements. (B) Applicability of other laws.-- (i) Violations of this section.--For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement imposed under this section shall be deemed a violation of a requirement imposed under that Act. (ii) Other authority.--All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person subject to the jurisdiction of the Commission with the requirements imposed under this section, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act. (e) Effective Date.--This section shall apply to any international money transfer initiated in the United States after the end of the 3- month period beginning on the date of enactment of this Act.", "summary": "International Remittance Services Enhancement and Protection Act of 2003 - Amends the Federal Credit Union Act to repeal the limitation on the authority of Federal credit unions to sell negotiable checks (including travelers checks), money orders, and other similar money transfer instruments and services to, as well as cash checks and money orders for, members only. (Thus allows Federal credit unions to perform such services for anyone.) Adds international money transfer services to the list of such services. Directs the appropriate Federal agencies to jointly prescribe regulations that require any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer to disclose the following: (1) any fees charged to the recipient, including exchange rate or currency conversion fees; (2) a final itemization of all costs to the consumer, including all fees charged for the remittance; and (3) the exact amount of foreign currency to be received by the recipient in the foreign country. Requires such disclosures to be in English and in any other language used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at the office of the institution or business at which the international money transfer is initiated. Grants the Federal Trade Commission enforcement powers with respect to any financial institution or money transmitting business that is not an insured depository institution or insured credit union."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Agriculture Environmental Incentives Act of 1998''. SEC. 2. ALLOWANCE OF CREDIT FOR NUTRIENT MANAGEMENT COSTS OF ANIMAL FEEDING OPERATIONS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45D. ANIMAL FEEDING OPERATION EQUIPMENT CREDIT. ``(a) In General.--For purposes of section 38, the animal feeding operation equipment credit determined under this section for the taxable year is an amount equal to 25 percent of the eligible nutrient management costs of a taxpayer for the taxable year. ``(b) Eligible Nutrient Management Costs.--For purposes of this section-- ``(1) In general.--The term `eligible nutrient management costs' means amounts paid or incurred by a taxpayer to purchase a calibrated manure spreader or eligible processing equipment for use at an animal feeding operation owned by the taxpayer. ``(2) Calibrated manure spreader.--The term `calibrated manure spreader' means equipment (including any associated geostationary positioning satellite equipment) which is used by the taxpayer exclusively for the precision application of manure to land in accordance with a comprehensive nutrient management plan. ``(3) Eligible processing equipment.-- ``(A) In general.--The term `eligible processing equipment' means equipment or structures used by the taxpayer exclusively for processing manure. ``(B) Exclusion.--The term `eligible processing equipment' does not include equipment used exclusively for the simple containment or transportation of manure. ``(c) Other Definitions.--For purposes of this section-- ``(1) Animal feeding operation.--The term `animal feeding operation' means a facility for the milking of dairy cows or the raising of livestock or poultry (including egg production) for commercial sale. ``(2) Application.--The term `application' means laying, spreading on, irrigating, injecting, or otherwise placing manure on land by any means. ``(3) Comprehensive nutrient management plan.--The term `comprehensive nutrient management plan' means a written plan prepared in accordance with applicable Federal and State laws and regulations. ``(4) Manure.--The term `manure' means-- ``(A) the excreta of an animal or other organic byproduct of an animal feeding operation, including litter, bedding, dead animals, composted animal carcasses, milk house waste, or other residual organic matter, and ``(B) water or any other material mixed with such excreta or byproduct for purposes of collection, handling, containment, or processing of such excreta or byproduct. ``(5) Precision application.--The term `precision application' means the controlled application of manure to land in a manner which distributes a specified amount of manure, as determined by the nitrogen or phosphorous content of the manure, across a specified area of land. ``(6) Processing.--The term `processing' means any mechanical, physical, or chemical treatment which-- ``(A) alters the concentration of nitrogen, phosphorous, water, or other constituents in manure to facilitate-- ``(i) manure application on land covered by the requirements of a comprehensive nutrient management plan, or ``(ii) use of manure or processed manure for commercial purposes other than land application on land owned or controlled by the taxpayer, ``(B) enhances the value of manure as a plant fertilizer or soil amendment, or ``(C) utilizes manure as an energy source. ``(d) Special Rules.-- ``(1) Reduction in basis.--For purposes of this subtitle, if a credit is determined under this section with respect to any property, the basis of such property shall be reduced by the amount of the credit so determined. ``(2) Pass-thru in the case of estates and trusts.--For purposes of this section, under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(3) Allocation in the case of partnerships.--For purposes of this section, in the case of partnerships, the credit shall be allocated among partners under regulations prescribed by the Secretary.'' (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``plus'' at the end of paragraph (11), (B) by striking the period at the end of paragraph (12), and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(13) the animal feeding operation equipment credit determined under section 45D.'' (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45D. Animal feeding operation equipment credit.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.", "summary": "Animal Agriculture Environmental Incentives Act of 1998 - Amends the Internal Revenue Code to allow a limited tax credit for the nutrient management costs of animal feeding operations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure and Responsible Drug Disposal Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The nonmedical use of prescription drugs is a growing problem in the United States, particularly among teenagers. (2) According to the Department of Justice's 2009 National Prescription Drug Threat Assessment-- (A) the number of deaths and treatment admissions for controlled prescription drugs (CPDs) has increased significantly in recent years; (B) unintentional overdose deaths involving prescription opioids, for example, increased 114 percent from 2001 to 2005, and the number of treatment admissions for prescription opioids increased 74 percent from 2002 to 2006; and (C) violent crime and property crime associated with abuse and diversion of CPDs has increased in all regions of the United States over the past 5 years. (3) According to the Office of National Drug Control Policy's 2008 Report ``Prescription for Danger'', prescription drug abuse is especially on the rise for teens-- (A) one-third of all new abusers of prescription drugs in 2006 were 12- to 17-year-olds; (B) teens abuse prescription drugs more than any illicit drug except marijuana--more than cocaine, heroin, and methamphetamine combined; and (C) responsible adults are in a unique position to reduce teen access to prescription drugs because the drugs often are found in the home. (4)(A) Many State and local law enforcement agencies have established drug disposal programs (often called ``take-back'' programs) to facilitate the collection and destruction of unused, unwanted, or expired medications. These programs help get outdated or unused medications off household shelves and out of the reach of children and teenagers. (B) However, take-back programs often cannot dispose of the most dangerous pharmaceutical drugs--controlled substance medications--because Federal law does not permit take-back programs to accept controlled substances unless they get specific permission from the Drug Enforcement Administration and arrange for full-time law enforcement officers to receive the controlled substances directly from the member of the public who seeks to dispose of them. (C) Individuals seeking to reduce the amount of unwanted controlled substances in their household consequently have few disposal options beyond discarding or flushing the substances, which may not be appropriate means of disposing of the substances. Drug take-back programs are also a convenient and effective means for individuals in various communities to reduce the introduction of some potentially harmful substances into the environment, particularly into water. (D) Long-term care facilities face a distinct set of obstacles to the safe disposal of controlled substances due to the increased volume of controlled substances they handle. (5) This Act gives the Attorney General authority to promulgate new regulations, within the framework of the Controlled Substances Act, that will allow patients to deliver unused pharmaceutical controlled substances to appropriate entities for disposal in a safe and effective manner consistent with effective controls against diversion. (6) The goal of this Act is to encourage the Attorney General to set controlled substance diversion prevention parameters that will allow public and private entities to develop a variety of methods of collection and disposal of controlled substances, including some pharmaceuticals, in a secure, convenient, and responsible manner. This will also serve to reduce instances of diversion and introduction of some potentially harmful substances into the environment. SEC. 3. DELIVERY OF CONTROLLED SUBSTANCES BY ULTIMATE USERS FOR DISPOSAL. (a) Regulatory Authority.--Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended by adding at the end the following: ``(g)(1) An ultimate user who has lawfully obtained a controlled substance in accordance with this title may, without being registered, deliver the controlled substance to another person for the purpose of disposal of the controlled substance if-- ``(A) the person receiving the controlled substance is authorized under this title to engage in such activity; and ``(B) the disposal takes place in accordance with regulations issued by the Attorney General to prevent diversion of controlled substances. ``(2) In developing regulations under this subsection, the Attorney General shall take into consideration the public health and safety, as well as the ease and cost of program implementation and participation by various communities. Such regulations may not require any entity to establish or operate a delivery or disposal program. ``(3) The Attorney General may, by regulation, authorize long-term care facilities, as defined by the Attorney General by regulation, to dispose of controlled substances on behalf of ultimate users who reside, or have resided, at such long-term care facilities in a manner that the Attorney General determines will provide effective controls against diversion and be consistent with the public health and safety. ``(4) If a person dies while lawfully in possession of a controlled substance for personal use, any person lawfully entitled to dispose of the decedent's property may deliver the controlled substance to another person for the purpose of disposal under the same conditions as provided in paragraph (1) for an ultimate user.''. (b) Conforming Amendment.--Section 308(b) of the Controlled Substances Act (21 U.S.C. 828(b)) is amended-- (1) by striking the period at the end of paragraph (2) and inserting ``; or''; and (2) by adding at the end the following: ``(3) the delivery of such a substance for the purpose of disposal by an ultimate user, long-term care facility, or other person acting in accordance with section 302(g).''. SEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements to ensure that the guidelines and policy statements provide an appropriate penalty increase of up to 2 offense levels above the sentence otherwise applicable in Part D of the Guidelines Manual if a person is convicted of a drug offense resulting from the authorization of that person to receive scheduled substances from an ultimate user or long-term care facility as set forth in the amendments made by section 3. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Secure and Responsible Drug Disposal Act of 2010 - Amends the Controlled Substances Act to allow an ultimate user of a controlled substance (or, if deceased, any person lawfully entitled to dispose of the ultimate user's property) who has lawfully obtained such substance to deliver that substance to another person, without being registered, for disposal if: (1) the person receiving the controlled substance is authorized to engage in such activity; and (2) the disposal takes place in accordance with regulations issued by the Attorney General to prevent diversion of controlled substances. Requires the Attorney General, in developing regulations under this Act, to consider the public health and safety, as well as the ease and cost of program implementation and participation by various communities. Permits the Attorney General to authorize long-term care facilities to dispose of controlled substances on behalf of ultimate users who reside, or have resided, at such facilities in a manner that will provide effective controls against diversion and that is consistent with public health and safety. Directs the United States Sentencing Commission to review and, if appropriate, amend its guidelines and policy statements to ensure an appropriate penalty increase for persons convicted of a drug offense involving receipt of a controlled substance for disposal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Identity Defense Act of 2015''. SEC. 2. DISCLOSURE OF CERTAIN RETURN INFORMATION WITH RESPECT TO IDENTITY THEFT. (a) In General.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information in certain cases of identity theft.-- ``(A) In general.--If the Secretary has reason to believe that there has been a fraudulent use of a social security account number on a statement described in section 6051-- ``(i) the Secretary shall disclose to the individual who was validly assigned such social security account number-- ``(I) that the Secretary has reason to believe that the social security account number assigned to such individual has been fraudulently used in the employment context, ``(II) that the Secretary has made the disclosure described in clause (ii) to the Director of the Federal Bureau of Investigation and the Attorney General with respect to such fraudulent use, and ``(III) such other information (other than return information) as the Secretary determines, in consultation with Federal Trade Commission, would be helpful and appropriate to provide to a victim of identity theft, and ``(ii) the Secretary shall disclose to the Director of the Federal Bureau of Investigation and the Attorney General-- ``(I) such social security account number, ``(II) that the Secretary has reason to believe that such social security account number has been fraudulently used in the employment context, and ``(III) the taxpayer identity information of the individual who was assigned such social security account number, the individual believed to have fraudulently used such social security account number, and the employer who made the statement described in section 6051 which included such social security account number. ``(B) Restriction on disclosure to law enforcement.-- ``(i) Disclosure to other law enforcement officials.--The Director of the Federal Bureau of Investigation and the Attorney General may disclose information received under subparagraph (A)(ii) to appropriate Federal, State, and local law enforcement officials. ``(ii) Restriction on use of disclosed information.--Return information disclosed under subparagraph (A)(ii) may be used by Federal, State, and local law enforcement officials only for purposes of carrying out criminal investigations or prosecutions. ``(iii) Memorandum of understanding.--For purposes of this paragraph, any return information disclosed under subparagraph (A)(ii) may not be provided to any State or local law enforcement official until such official has entered into a memorandum of understanding with the Secretary that includes the following terms and conditions: ``(I) Confidentiality of returns and return information and prohibitions on disclosure described in subsection (a)(3). ``(II) Safeguards, restrictions on access, and recordkeeping requirements described in subsection (p)(4). ``(III) Application of penalties for unauthorized disclosure of returns and return information under section 7213(a)(2). ``(IV) Any additional terms and conditions deemed appropriate by the Secretary.''. (b) Prevention of Identity Theft.--In the case of an employee for whom the Commissioner of the Social Security Administration has reason to believe that the social security number included on any statement described in section 6051(a) of the Internal Revenue Code of 1986 with respect to such employee is not the correct social security number for such employee, the Commissioner shall provide notification to the employer for such employee which includes-- (1) the name of the employee and the social security number included on such statements; and (2) relevant information regarding the availability of the Social Security Number Verification Service for verification of social security numbers. (c) Conforming Amendments Related to Disclosure.-- (1) Confidentiality.--Paragraph (3) of section 6103(a) of such Code is amended by striking ``or (21)'' and inserting ``(21), or (23)''. (2) Procedures and recordkeeping related to disclosures.-- Paragraph (4) of section 6103(p) of such Code is amended by striking ``or (20)'' each place it appears and inserting ``(20), or (23)''. (3) Unauthorized disclosure or inspection.--Paragraph (2) of section 7213(a) of such Code is amended by striking ``or (21)'' and inserting ``(21), or (23)''. SEC. 3. PENALTIES FOR TAX-RELATED IDENTITY THEFT. (a) In General.--Section 1028A(c) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (8) through (11) as paragraphs (10) through (13), respectively; and (2) by inserting after paragraph (7) the following new paragraphs: ``(8) section 286 (relating to conspiracy to defraud the government with respect to claims), section 287 (relating to false, fictitious, or fraudulent claims), section 371 (relating to conspiracy to commit an offense or to defraud the United States), section 1001 (relating to statements or entries), section 1341 (relating to frauds and swindles), section 1342 (relating to a fictitious name or address), section 1343 (relating to fraud by wire, radio, or television), or section 1344 (relating to bank fraud), if the felony violation is a tax-related offense punishable under such section; ``(9) section 7206 of the Internal Revenue Code of 1986 (relating to fraud and false statements);''. (b) Penalty for Misappropriation of Tax Identification Numbers.-- (1) In general.--Part I of subchapter B of chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6720D. MISAPPROPRIATION OF TAX IDENTIFICATION NUMBER. ``In addition to any penalty provided by law, any person who knowingly or willfully misappropriates another person's tax identification number in connection with any list, return, account, statement, or other document submitted to the Secretary shall pay a penalty of $5,000.''. (2) Conforming amendment.--The table of sections for part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following new item: ``Sec. 6720D. Misappropriation of tax identification number.''. (3) Effective date.--The amendments made by this subsection shall apply to returns and information submitted after the date of the enactment of this Act.", "summary": "Social Security Identity Defense Act of 2015 This bill amends the Internal Revenue Code, with respect to the disclosure of tax return information in cases of identity theft, to require the Department of the Treasury to: (1) disclose to the holder of a valid social security account number that there is reason to believe that there has been a fraudulent use of such account number; and (2) disclose to the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ) such social security account number, that there is reason to believe that such account number has been fraudulently used in the employment context, and the taxpayer identity information of the individual who was assigned such account number. The bill authorizes the FBI and DOJ to disclose taxpayer information to appropriate federal, state, and local law enforcement officials solely for purposes of carrying out criminal investigations or prosecutions. The bill also imposes new criminal and civil penalties for tax-related identity theft and misappropriation of tax identification numbers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Windstorm Hazard Reduction Research and Technology Transfer Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Coastal States and many island States and territories are vulnerable to the hazards of windstorms. All Midwest, Southern, and Mid-Atlantic States are vulnerable to the hazards of tornadoes and thunderstorms and increased building activity is occurring in high-risk areas such as the seashore and ``tornado alley''. (2) Hurricanes cause enormous loss of life, injury, destruction of property, and economic and social disruption, as evidenced by the 56 deaths and $6,000,000,000 in property damage in 1999 from Hurricane Floyd. From 1990 to 1999 hurricanes caused an average of 14 deaths and $4,970,000,000 in property losses annually while tornadoes and other windstorms caused over 58 deaths and $871,000,000 in property losses annually. (3) Improved windstorm hazard reduction measures, including-- (A) cost-effective and affordable design and construction methods and practices; (B) informed land use decisions; (C) impact prediction methodologies and early warning systems; and (D) public education and involvement programs, have the potential over the next 10 years to reduce these losses. Losses will increase if steps are not taken to help communities reduce their vulnerability. (4) Wind engineering research needs to address both improving new structures and retrofitting existing ones. (5) There is an appropriate role for the Federal Government in the collection, preparation, coordination, and dissemination of windstorm hazards reduction information in order to protect public health and safety and in increasing public awareness of the dangers of windstorms and of affordable steps homeowners can take to preserve life and property. Improved mechanisms are needed to translate existing information and research findings into usable, state-of-the-art specifications, criteria, and cost-effective practices. (6) An effective Federal program in windstorm hazard reduction will require interagency coordination, input from individuals and institutions outside the Federal Government who are expert in the sciences of natural hazards reduction and in the practical application of mitigation measures, and improved mechanisms for the transfer of new knowledge to State and local officials, to homeowners, and to the design and construction industry. Tax credits are an appropriate means of helping homeowners apply mitigation measures. (7) Windstorms are a worldwide problem, and international cooperation is desirable for mutual learning and mitigation. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Director'' means the Director of the Office of Science and Technology Policy. (2) The term ``State'' means each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (3) The term ``windstorm'' means any storm with a damaging or destructive wind component, such as a hurricane, tropical storm, tornado, or thunderstorm. SEC. 4. NATIONAL WINDSTORM HAZARD REDUCTION PROGRAM. (a) Interagency Group.--Not later than 30 days after the date of the enactment of this Act, the Director shall establish an Interagency Group, to be cochaired by the Director or the Director's designee and the Director of the Federal Emergency Management Agency or that Director's designee, consisting of representatives of appropriate Federal agencies, including the National Science Foundation, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the Department of Energy, and other agencies with jurisdiction over housing, construction, and natural disaster mitigation and relief, to be responsible for the development and implementation of a coordinated Federal windstorm hazard reduction research, development, and technology transfer program. In establishing the Interagency Group, the Director is encouraged where appropriate to designate lead agencies and to preserve existing programs and functions of Federal agencies and organizations, and shall ensure regular agency coordination and information sharing and where appropriate coordination with other agencies. (b) Objective.--The objective of the windstorm hazard reduction program is the achievement, within 10 years after the date of the enactment of this Act, of major measurable reductions in losses that would otherwise have occurred to life and property from windstorms. The objective is to be achieved through the creation of a program involving cooperation among governments at all levels and the private sector featuring-- (1) pertinent basic and applied research which takes into account locality-specific weather, susceptibility to other hazards, and design and construction practices; (2) better understanding of impediments and disincentives to wind hazard reduction; (3) inventorying of existing buildings and related data for use in developing and deploying wind hazard mitigation measures; (4) dissemination of information on cost-effective and affordable wind hazard reduction research results, technology, and techniques to industry, State and local governments, homeowners, and the general public; (5) improved technology for prediction, storm warnings, advanced planning, and disaster response; (6) increased public awareness of the dangers of windstorms and of ways to preserve affected property and life; and (7) priority attention to critical lifelines, including infrastructure and utilities, that are especially needed in time of disaster. (c) Research and Development Elements.--The research and development elements of the program may include-- (1) basic wind characterization and micro-climate research; (2) development of methods to increase accuracy and reliability in the prediction of the track and magnitude of windstorms; (3) peer-reviewed research and development on and demonstration of wind-resistant systems and materials for new construction and retrofit, including composite materials; building envelope components, including windows, doors, and roofs; structural design; and design and construction techniques, through physical testing and through computer simulation when appropriate, taking into consideration cost- effectiveness, affordability, and regional differences including susceptibility to other hazards; (4) development of mechanisms for collecting information on building systems and materials performance in windstorms, information on mitigation priorities, and other pertinent information from sources such as the construction industry, insurance companies, and building officials; (5) development of updatable, cost-effective, and affordable systems, both for new construction and for retrofitting, and for inventorying information on components and materials and their interaction; (6) development of cost-effective and affordable planning, design, construction, rehabilitation, and retrofit methods and procedures, including utilization of mitigation measures, for critical lifelines and facilities such as hospitals, schools, public utilities, and other structures that are especially needed in time of disaster; (7) research and development on techniques, methodologies, and new technologies for the mapping in finer detail of windstorm hazard risks, to be coordinated with the mapping of other natural and manmade hazards; (8) development of improved systems for predicting damaging windstorm impact and for identifying, evaluating, and reliably characterizing windstorm hazards; (9) development of improved approaches for providing emergency services, reconstruction, and redevelopment after a windstorm; (10) development of quantitative assessment techniques for the delineation and evaluation of the socioeconomic effects of windstorms and their application on a regional basis, including exploration of adjustments that could be made to reduce windstorm vulnerability and to effectively exploit existing and developing mitigation techniques; and (11) studies of impediments and disincentives to effective wind hazard mitigation, preparedness, and response policies and innovations. (d) Technology Transfer.--The technology transfer elements of the program shall include-- (1) the collection, classification, presentation, and dissemination in a usable form to Federal, State, and local officials, community leaders, the design and construction industry, contractors, home owners, and the general public, of research results and other pertinent information regarding windstorm phenomena, the identification of locations and features which are especially susceptible to windstorm damage, ways to reduce the adverse consequences of windstorms, and related matters; (2) in coordination with the private sector, academia, and the States, curriculum development and related measures to facilitate the training of employees of the design and construction industry, the insurance industry, and State and local governments, and other interested persons; and (3) efforts to increase public awareness and information related to windstorm hazard mitigation. (e) Implementation Plan.--The Interagency Group established under subsection (a) shall refine, in conjunction with appropriate representatives of State and local units of government and private sector organizations, the objective stated in subsection (b), develop measurements related to the objective, including emphasis on cost- effectiveness and affordability, and develop a 10-year implementation plan for achieving the objective, deferring to the private sector and State and local government for implementation in all appropriate instances. Not later than 210 days after the date of the enactment of this Act, the Interagency Group shall submit to the Congress the implementation plan. The plan shall include-- (1) a statement of research and development goals and priorities; (2) plans for the development of improved forecasting techniques for windstorms, early warning systems, and systems for comprehensive response; (3) plans for the development of an inventory of buildings, building components, and damage to buildings from windstorms; (4) plans for transfer of technology and information to State, county, local, and regional governmental units and the private sector for appropriate application of research and development results; (5) provisions for dissemination, on a timely basis, of-- (A) delivery of information and technology in a form that is of use to the design professions, the construction industry, and other interested parties; and (B) other information and knowledge of interest to the public to reduce vulnerability to windstorm hazards; (6) a description of how Federal disaster relief and emergency assistance programs will incorporate research and development results; (7) establishment, consistent with this Act, of goals, priorities, and target dates for implementation of the program; (8) assignment of responsibilities with respect to each element of the program that does not already have a Federal lead agency; (9) a description of plans for cooperation and coordination in all phases of the program with interested governmental entities in all States, particularly those containing areas of high or moderate windstorm risk; and (10) staffing plans for the program and its components. (f) Participation.--The implementation plan shall avoid duplication whenever possible and assign responsibilities to Federal agencies with existing expertise. (g) Manufactured Housing Standards.--No design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this Act shall be required for a home certified under section 616 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5415), pursuant to standards issued under such Act, without being subject to the consensus development process and rulemaking procedures of that Act. SEC. 5. NATIONAL ADVISORY COMMITTEE FOR WINDSTORM HAZARD REDUCTION. (a) Establishment.--A National Advisory Committee shall be established to review progress made under the program established under section 4, advise on any improvements that should be made to that program, and report to the Congress on actions that have been taken to advance the Nation's capability to reduce the impacts of windstorm hazards. (b) Membership.--The Advisory Committee shall be composed of 21 members to be appointed by the President (one of whom shall be designated by the President as chair). The members shall include representatives of a broad cross-section of interests such as the research, technology transfer, architectural, engineering, and financial communities; materials and systems suppliers; State, county, and local governments concerned with the reduction of windstorm hazards; the residential, multifamily, and commercial sectors of the construction industry; and the insurance industry, and other representatives (not including members of Federal agencies) from areas impacted by windstorm hazards. (c) Coordination.--The Advisory Committee shall coordinate with existing advisory committees of the Federal Government and of the National Academies of Science and Engineering. As appropriate, the work and reports of the Advisory Committee may be done in conjunction with or replace the work of other advisory committees. (d) Annual Report.--The Advisory Committee shall provide a summary report to Congress each year. (e) Exemption.--Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee established under this section. SEC. 6. ANNUAL REPORT. (a) Report.--The Interagency Group established under section 4(a) shall, within 90 days after the end of each fiscal year, submit a report to the Congress describing the status of the windstorm hazard reduction program, describing progress achieved during the preceding fiscal year, by government at all levels and by the private sector, toward achieving the objective stated in section 4(b) and implementing the plan developed under section 4(e), and including any amendments to the implementation plan. Each such report shall include any recommendations for legislative and other action the Interagency Group considers necessary and appropriate. (b) Conference.--In order to disseminate the research findings of the windstorm hazard reduction program established under section 4(a), the Interagency Group is encouraged to arrange for an annual conference where research findings and mitigation efforts can be presented. Those invited to the conference shall include representatives of a broad cross-section of interests such as the research, technology transfer, architectural, engineering, and financial communities; materials and systems suppliers; State, county, and local governments concerned with the reduction of windstorm hazards; the residential, multifamily, and commercial sectors of the construction industry; and the insurance industry, and other representatives from areas impacted by windstorm hazards. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out activities under this Act $50,000,000 for fiscal year 2001, $100,000,000 for fiscal year 2002, and $150,000,000 for fiscal year 2003.", "summary": "Establishes a National Advisory Committee to review the program's progress, advise on any improvements, and report to Congress on actions taken to reduce the impacts of windstorm hazards."}
{"article": "SECTION 1. SAN JUAN ISLANDS NATIONAL CONSERVATION AREA. (a) Findings; Purposes.-- (1) Findings.--Congress finds as follows: (A) Lands managed by the Bureau of Land Management in the San Juan Archipelago, Washington State, comprising nearly 1,000 acres of small islands, rocks and reef, headlands, historic lighthouses, and ecologically important areas are of great value to the people of Washington State and the Nation. (B) These areas provide recreational opportunities for hiking, wildlife viewing, boating, picnicking, photography, sea kayaking, and camping and are enjoyed by residents of the area and visitors. In 2010, these lands in the San Juan Islands National Conservation Area received more than 65,000 visitors in a county with a population at that time of 15,769 residents. (C) These areas preserve important local, national, and tribal cultural and historic sites. Lighthouses on Patos Island, Turn Point, and Cattle Point are registered as State Historic Structures. Numerous archaeological sites exist, including shell middens, plank-house sites, and burial markers. Areas of cultural importance include ancient Coast Salish camas cultivation sites, homesteads, reef-net sites, and settler cabins. (D) These areas include vanishing coastal flower meadows, spruce bogs, groves of Garry oaks and endemic coastal junipers, and other rare and fragile ecosystems that support numerous plant species and provide nesting habitat for seabirds, songbirds, bats, and other small native mammals. (E) These areas are used by several non-profit, government, and educational organizations for scientific research and education, including the San Juan Islands Experimental Education Outdoor Classroom. (F) Establishment of the San Juan Islands National Conservation Area is the best way to preserve, protect, enhance, and restore this local and nationally important landscape. (2) Purposes.--The purposes of this Act are-- (A) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and (B) to protect each species that is-- (i) located in the National Conservation Area; and (ii) listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)). (b) Definitions.--In this Act: (1) Management plan.--The term ``management plan'' means the management plan for the National Conservation Area developed by the Secretary under subsection (d). (2) National conservation area.--The term ``National Conservation Area'' means the San Juan Islands National Conservation Area that-- (A) consists of approximately 1,000 acres of public land in the Washington State, as generally depicted on the map entitled ``Proposed San Juan Islands National Conversation Area'' and dated June 30, 2011; and (B) is established by subsection (c). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Establishment.--Subject to valid existing rights, there is established in the State of Washington the San Juan Islands National Conservation Area. (d) Management Plan.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long- term management of the National Conservation Area. (2) Consultation.--In developing the management plan required under paragraph (1), the Secretary shall consult with-- (A) appropriate State, tribal, and local governmental entities; and (B) members of the public. (e) Management.-- (1) In general.--The Secretary shall manage the National Conservation Area-- (A) in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and (B) in accordance with-- (i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (ii) this Act; and (iii) any other applicable law (including regulations). (2) Uses.--The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a). (3) Motorized vehicles.--Except when needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles. (4) Wildland fire operations.--Nothing in this Act prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this Act. (5) Invasive species and noxious weeds.--In accordance with any applicable laws and subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may prescribe measures to control nonnative invasive plants and noxious weeds within the National Conservation Area. (f) Tribal Cultural Uses.--The Secretary shall work in consultation with Indian tribes to-- (1) ensure the protection of religious and cultural sites in the Conservation Area; and (2) provide access to the sites by members of Indian tribes for traditional cultural and customary uses, consistent with Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act''; 42 U.S.C. 1996). (g) No Buffer Zones.-- (1) In general.--Nothing in this Act creates a protective perimeter or buffer zone around the National Conservation Area. (2) Activities outside conservation area.--The fact that an activity or use on land outside the National Conservation Area can be seen or heard within the National Conservation Area shall not preclude the activity or use outside the boundary of the National Conservation Area. (3) Acquisition of land.-- (A) In general.--The Secretary may acquire non- Federal land within the boundaries of the Conservation Area only through exchange, donation, or purchase from a willing seller. (B) Management.--Land acquired under subparagraph (A) shall become part of the Conservation Area. (h) Advisory Council.-- (1) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council, to be known as the ``San Juan Islands National Conservation Area Advisory Council''. (2) Duties.--The Council shall advise the Secretary with respect to the preparation and implementation of the management plan. (3) Members.--The Council shall include 7 members to be appointed by the Secretary. The members, to the extent practicable, shall-- (A) reside in or within reasonable proximity to San Juan County, Washington; (B) have backgrounds that reflect-- (i) the purposes for which the National Conservation Area was established; and (ii) the interests of the stakeholders that are affected by the planning and management of the National Conservation Area; and (C) be fairly balanced in terms of the points of view represented and the functions to be performed by the Council. (4) Applicable law.--The Council shall be subject to-- (A) the Federal Advisory Committee Act (5 U.S.C. App.); and (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (5) Duration.--The Council shall terminate on the date that is 1 year from the date on which the management plan is adopted by the Secretary. (i) Incorporation of Acquired Land and Interests.--Any land acquired by the United States after the date of the enactment of this Act that is located in the National Conservation Area shall-- (1) become part of the National Conservation Area; and (2) be managed in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable law (including regulations). (j) Withdrawal.-- (1) In general.--Subject to valid existing rights, all Federal land and interests in land located in the National Conservation Area are withdrawn from-- (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patenting under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) Additional land.--Any land acquired by the United States after the date of the enactment of this Act that is located in the National Conservation Area shall be withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land. SEC. 2. TREATY RIGHTS. Nothing in this Act alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe.", "summary": "Establishes the San Juan Islands National Conservation Area in the state of Washington. Directs the Secretary of the Interior to develop a comprehensive plan for the long-term management of the Conservation Area. Requires the Secretary to manage the Conservation Area in a manner to conserve, protect, and enhance the resources of such area. Authorizes the Secretary to prescribe measures for the control of nonnative invasive plants and noxious weeds within the Conservation Area. Instructs the Secretary to work with Indian tribes to ensure the protection of religious and cultural sites within the Conservation Area and to provide access to them by tribal members for traditional cultural and customary uses. Directs the Secretary to establish the San Juan Islands National Conservation Area Advisory Council to advise the Secretary on the preparation and implementation of the management plan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Flagship Species Conservation Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Numerous species of fauna have continued to decline to the point that the long-term survival of those species in the wild is in serious jeopardy. (2) Many of those species are listed under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or in Appendix I or II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (3) There are insufficient resources available for addressing the threats facing those species, which will require the joint commitment and effort of countries within the range of those species, the United States and other countries, and the private sector. (4) The grant programs established by the Congress for tigers, rhinoceroses, Asian elephants, African elephants, great apes, neotropical migratory birds, and marine turtles have proven to be extremely successful, provide Federal funds for conservation projects in an efficient and expeditious manner, and encourage additional support for conservation in countries where those species exist in the wild. (5) A new grant program modeled on the existing programs for tigers, rhinoceroses, elephants, great apes, neotropical migratory birds, and marine turtles would provide an effective means to assist in the conservation of flagship species for which there are no existing grant programs. (b) Purpose.--The purpose of this Act is to conserve flagship species of fauna throughout the world, and the ecosystems on which those species depend, by supporting the conservation programs for those species and the CITES Secretariat, promoting partnerships between the public and private sectors, and providing financial resources for those programs and partnerships. SEC. 3. DEFINITIONS. In this Act: (1) Account.--The term ``Fund'' means the Flagship Species Conservation Fund established by section 5. (2) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices and amendments. (3) Conservation.--The term ``conservation'' means the use of methods and procedures necessary to bring a flagship species to the point at which there are sufficient populations in the wild to ensure that the species does not become extinct, including-- (A) protection and management of populations of a flagship species; (B) maintenance, management, protection, and restoration of habitat of a flagship species; (C) research and monitoring; (D) law enforcement; and (E) community outreach and education. (4) Fish or wildlife.--The term ``fish or wildlife'' means any mammal, fish, bird, or reptile. (5) Flagship species.--The term ``flagship species''-- (A) subject to subparagraph (B), means a species of fish or wildlife-- (i) that is listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or that is listed in Appendix I or II of CITES; (ii) whose range is wholly outside of the United States; and (iii) that appeals to the public and has other features that make it suitable for communicating conservation concerns; and (B) does not include African elephants, Asian elephants, rhinoceros, tigers, great apes, neotropical migratory birds, and marine turtles. (6) Multinational species conservation fund.--The term ``Multinational Species Conservation Fund'' means the fund established under the heading ``multinational species conservation fund'' in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246). (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. FLAGSHIP SPECIES CONSERVATION ASSISTANCE. (a) In General.--Subject to the availability of funds, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of that flagship species throughout the world, for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of a flagship species may be submitted to the Secretary by-- (A) any relevant wildlife management authority of a country that has within its boundaries any part of the range of a flagship species, if the agency has authority over fish or wildlife and the activities of the agency directly or indirectly affect the species; (B) the CITES Secretariat; or (C) any person with demonstrated expertise in the conservation of that flagship species. (2) Required information.--A project proposal shall include-- (A) the name of the individual with primary responsibility for conducting the project; (B) a succinct statement of-- (i) the purposes of the project and the methodology for implementing the project, including an assessment of the status of the flagship species that is the subject of the project; and (ii) how the project will benefit that species and other species that reside within the same habitat; (C) a description of the qualifications of the individuals who will conduct the project; (D) an estimate of the funds and time required to complete the project; (E) evidence of support for the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (F) information regarding the source and amount of matching funds available for the project; and (G) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and (B) review each project proposal in a timely manner to determine whether the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other Federal officials, as appropriate, shall-- (A) consult on the proposal with the government of each country in which the project is to be conducted; (B) after taking into consideration any comments resulting from the consultation, approve or disapprove the project proposal; and (C) provide written notification of the approval or disapproval to the person that submitted the project proposal, other Federal officials, and each country described in subparagraph (A). (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of flagship species in the wild by assisting efforts in foreign countries to implement flagship species conservation programs. (e) Project Sustainability.--To the maximum extent practicable, in determining whether to approve project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of flagship species and their nesting habitats. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which matching funds are available. (g) Project Reporting.-- (1) In general.--Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary may require) that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public.--Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. SEC. 5. FLAGSHIP SPECIES CONSERVATION FUND. (a) Establishment.--There is established in the Multinational Species Conservation Fund a separate account to be known as the ``Flagship Species Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 6; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 4. (2) Administrative expenses.--Of the amounts in the account available for each fiscal year, the Secretary may expend not more than 3 percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (c) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund. SEC. 6. ADVISORY GROUP. (a) In General.--To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of flagship species. (b) Public Participation.-- (1) Meetings.--The Advisory Group shall-- (A) ensure that each meeting of the advisory group is open to the public; and (B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (2) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. (3) Minutes.--Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (c) Exemption From Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 2005 through 2007. SEC. 8. REPORT TO CONGRESS. Not later than October 1, 2005, the Secretary shall submit to the Congress a report on the results and effectiveness of the program carried out under this Act, including-- (1) recommendations concerning how this Act might be improved, including guidelines for determining species that are flagship species; and (2) recommendations concerning whether the Fund should be continued in the future.", "summary": "Flagship Species Conservation Act of 2004 - Requires the Secretary of the Interior to use amounts in the Multinational Species Conservation Fund (Fund) to provide conservation assistance for flagship species of fish or wildlife where project proposals for such conservation are approved by the Secretary in accordance with this Act. Identifies eligible applicants and sets forth requirements for project proposals. Authorizes the Secretary to approve a project proposal if it will help recover and sustain viable populations of flagship species in the wild by assisting efforts in foreign countries to implement flagship species conservation programs. Establishes in the Fund a separate account to be known as the Flagship Species Conservation Fund to fund approved flagship species conservation projects. Authorizes the Secretary to convene an advisory group to assist in carrying out this Act."}
{"article": "SECTION 1. 1-YEAR EXTENSION OF DATE FOR COMPLIANCE BY CERTAIN COVERED ENTITIES WITH ADMINISTRATIVE SIMPLIFICATION STANDARDS FOR ELECTRONIC TRANSACTIONS AND CODE SETS. (a) In General.--Notwithstanding section 1175(b)(1)(A) of the Social Security Act (42 U.S.C. 1320d-4(b)(1)(A)) and section 162.900 of title 45 of the Code of Federal Regulations-- (1) a health care provider shall not be considered to be in noncompliance with the applicable requirements of subparts I through N of part 162 of title 45 of the Code of Federal Regulations before October 16, 2003; and (2) a health plan (other than a small health plan) or a health care clearinghouse shall not be considered to be in noncompliance with the applicable requirements of subparts I through R of part 162 of title 45 of the Code of Federal Regulations before October 16, 2003. (b) Special Rules.-- (1) Rules of construction.--Nothing in this section shall be construed-- (A) as modifying the October 16, 2003, date for compliance of small health plans with subparts I through R of part 162 of title 45 of the Code of Federal Regulations; or (B) as modifying-- (i) the April 14, 2003, date for compliance of a health care provider, a health plan (other than a small health plan), or a health care clearinghouse with subpart E of part 164 of title 45 of the Code of Federal Regulations; or (ii) the April 14, 2004, date for compliance of a small health plan with subpart E of part 164 of title 45 of the Code of Federal Regulations. (2) Applicability of privacy requirements to certain transactions prior to standards compliance date.-- (A) In general.--Notwithstanding any other provision of law, during the period that begins on April 14, 2003, and ends on October 16, 2003, a health care provider or, subject to subparagraph (C), a health care clearinghouse, that transmits any health information in electronic form in connection with a transaction described in subparagraph (B) shall comply with the then applicable requirements of subpart E of part 164 of title 45 of the Code of Federal Regulations without regard to section 164.106 of subpart A of such part or to whether the transmission meets any standard formats required by part 162 of title 45 of the Code of Federal Regulations. (B) Transactions described.--The transactions described in this subparagraph are the following: (i) A health care claims or equivalent encounter information transaction. (ii) A health care payment and remittance advice transaction. (iii) A coordination of benefits transaction. (iv) A health care claim status transaction. (v) An enrollment and disenrollment in a health plan transaction. (vi) An eligibility for a health plan transaction. (vii) A health plan premium payments transaction. (viii) A referral certification and authorization transaction. (ix) A transaction with respect to a first report of injury. (x) A transaction with respect to health claims attachments. (C) Application to health care clearinghouses.--For purposes of this paragraph, during the period described in subparagraph (A), an entity that would otherwise meet the definition of health care clearinghouse that processes or facilitates the processing of information in connection with a transaction described in subparagraph (B) shall be deemed to be a health care clearinghouse notwithstanding that the entity does not process or facilitate the processing of such information into any standard formats required by part 162 of title 45 of the Code of Federal Regulations. (c) Definitions.--In this section-- (1) the terms ``health care provider'', ``health plan'', and ``health care clearinghouse'' have the meaning given those terms in section 1171 of the Social Security Act (42 U.S.C. 1320d) and section 160.103 of part 160 of title 45 of the Code of Federal Regulations; (2) the terms ``small health plan'' and ``transaction'' have the meaning given those terms in section 160.103 of part 160 of title 45 of the Code of Federal Regulations; and (3) the terms ``health care claims or equivalent encounter information transaction'', ``health care payment and remittance advice transaction'', ``coordination of benefits transaction'', ``health care claim status transaction'', ``enrollment and disenrollment in a health plan transaction'', ``eligibility for a health plan transaction'', ``health plan premium payments transaction'', and ``referral certification and authorization transaction'' have the meanings given those terms in sections 162.1101, 162.1601, 162.1801, 162.1401, 162.1501, 162.1201, 162.1701, and 162.1301 of part 162 of title 45 of the Code of Federal Regulations, respectively.", "summary": "Provides a one year extension for providers, State health programs, health plans, and others to implement the administrative simplification standards for electronic transactions and code sets required by the Health Insurance Portability and Accountability Act (HIPAA).Differentiates these electronic transaction and code set requirements from the medical privacy regulations under HIPAA which remain unaffected."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Autism Understanding and Training in School Methodologies for Educators Act of 2012''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Autism is a group of complex developmental brain disorders collectively referred to as Autism Spectrum Disorders (ASDs) that can cause a wide range of symptoms, skills, and levels of impairment including social, communication and behavior changes. (2) Autism spectrum disorders are also referred to as pervasive developmental disorders and include subcategories of classic autism with ranges from high functioning autism (HFA) to low functioning autism, Asperger syndrome, and pervasive developmental disorder, not otherwise specified (PDD-NOS), as well as more severe cases of Rhett Syndrome and Child Disintegrative Disorder. (3) Autism affects an estimated 1 in 88 children by age 8 and 1 in 54 boys. (4) An estimated 1,500,000 individuals in the United States are affected by autism. (5) More children will be diagnosed with autism this year than with AIDS, diabetes, and cancer combined. (6) Autism is the fastest growing serious developmental disability in the United States. (7) Autism costs the Nation over $35,000,000,000 per year, a figure expected to significantly increase in the next decade. (8) Boys are five times more likely than girls to have autism. (9) There is currently no medical cure for autism, but there are evidence-based educational methods proven to be effective in improving outcomes for students with autism and research demonstrating the benefits of routine and consistency. (10) The least restrictive environment for educating students with autism spectrum disorder, including, but not limited to, students with high functioning autism, Asperger syndrome, and PDD-NOS, often is best achieved by enrollment in a general education classroom with proper support. (11) General education classroom teachers and staff often are not adequately trained to work effectively with students with autism spectrum disorders, who have a wide diversity of characteristics, although such skills may be attained through qualified training programs and may be relatively easy to implement in school settings. (12) Training general education classroom teachers and staff to implement evidence-based practices for educating students with autism spectrum disorders with accuracy and fidelity will help provide for best possible outcomes not only for students with autism, but also for other students in the classroom. (13) Children with autism in highly transient families, such as the military (where the rate of children on the spectrum is even higher) and foreign service families, often face additional challenges in the public education system because of frequent changes in the family's geographic duty station or a parent's deployment, which can interrupt the provision of appropriate interventions and continuity of effective educational methods. (14) In school districts that have a large population of transient families or that border military bases it is especially important to have staff who are highly trained to provide effective services and build a proven track record of academic achievement in serving students with autism. SEC. 3. DEMONSTRATION PROGRAM AUTHORIZED. (a) Authorization of Grant Program.--The Secretary is authorized to carry out a demonstration grant program to award grants to eligible entities to enable such entities to accomplish the purposes described in subsection (b). (b) Purposes.--A grant provided under this section shall be used for the following purposes within schools providing education to children in grades pre-kindergarten through 12: (1) Providing evidence-based, in-service training to teachers, paraprofessionals, and other staff on effective ways to teach, communicate, recognize, support, and interact with children with autism spectrum disorder in the classroom and related school settings. Training on providing effective support includes but is not limited to academic support, behavioral support, communication support, social emotional support, and facilitating positive peer interactions and social skills. (2) Providing technical assistance consisting of consultation on the type of training needed, hands-on opportunities to practice and perform newly acquired skills and methodologies with fidelity, and post-training support to ensure accuracy of implementation in the classroom. (3) Executing strategies for recruiting and retaining skilled personnel participating in the education of children with autism spectrum disorders. (4) Implementing a program of parental support and involvement in the education of students with autism spectrum disorders. (c) Duration of Grants.--A grant provided under this section shall be-- (1) for a period of not more than 5 years, of which not more than the first 2 years shall be used for planning; and (2) subject to annual approval by the Secretary and subject to the availability of appropriations for the fiscal year involved. (d) Limitation on Administrative Costs.--An eligible entity may use not more than 20 percent of the funds received under this section for the administrative costs of carrying out its responsibilities under this section. (e) Applications.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Report.--The Secretary shall conduct an evaluation of the demonstration program authorized by this section and, not later than 1 year after the date of the completion of the demonstration program, shall prepare and submit to the President and the Congress a report on such evaluation, together with recommendations for dissemination and replication of the results of the program. (g) Definitions.--For purposes of this section: (1) The term ``autism spectrum disorders (ASDs)'' refers to complex disorders of brain development that can affect individuals with varying degrees from mild to severe, and is characterized by a combination of restricted repetitive and stereotyped behaviors, interests and activities; qualitative impairments in social interactions; and qualitative impairments in verbal and nonverbal communication. (2) The term ``eligible entity'' means an eligible local educational agency, or a consortia of such agencies, in partnership with-- (A) one or more institutions of higher education; or (B) one or more nonprofit educational entities with documented expertise in working with children with autism. (3) The term ``eligible local educational agency'' means a local educational agency that has no less than 10 percent of its special education population identified with autism spectrum disorders, including, but not limited to, high functioning autism, Asperger syndrome, and PDD-NOS, and have documented a growth pattern in the number of these students. (4) The term ``institution of higher education'' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) The term ``Secretary'' means the Secretary of Education.", "summary": "Autism Understanding and Training in School Methodologies for Educators Act of 2012 - Authorizes the Secretary of Education to carry out a demonstration program to award five-year grants to eligible local education agencies for the following purposes in schools for children in grades pre-kindergarten through 12: (1) providing training to teachers, paraprofessionals, and other staff on effective ways to teach, communicate, recognize, support, and interact with children with autism spectrum disorders in the classroom; (2) providing technical assistance consisting of consultation on the type of training needed, hands-on opportunities to practice and perform newly acquired skills and methodologies, and post-training support to ensure accuracy of implementation in the classroom; (3) executing strategies for recruiting and retaining skilled personnel participating in the education of children with such disorders; and (4) implementing a program of parental support and involvement in the education of students with such disorders."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Smaller Schools, Stronger Communities Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since World War II, the conventional wisdom among educators has been that larger schools are better than smaller schools, and as a result the number of secondary schools in the United States has declined by 70 percent and the average school size has grown to 5 times the previous average size. According to the Department of Education, 70 percent of high school students in 2000 attended schools with more than 1,000 students. (2) Over the past few years, educators have begun to question the belief that larger schools are always better. The National Association of Secondary School Principals recently recommended that the high school of the 21st century be much more student-centered and, above all, much more personalized in programs, support services, and intellectual rigor. Underlying this recommendation are the Association's beliefs that students take more interest in school when they have a sense of belonging and that students benefit from a more intimate setting in which their presence is more readily and repeatedly acknowledged. (3) The National Association of Secondary School Principals warns that the ``bigness'' of high schools shrouds many young people in what the Association calls ``a cloak of anonymity''. To counteract this effect, the Association recommends that high schools-- (A) restructure their layouts and schedules so that students are no longer invisible and able to ``melt into their surroundings''; (B) limit their enrollments to units of not more than 600 students, either by constructing new buildings or by creating schools-within-a-school; and (C) change the relationship between teachers and students by reducing the number of class changes students are required to make each day and by allowing teachers to spend more time with smaller numbers of students. (4) Research shows that larger schools tend to stratify students into different tracks, which are often based on children's educational and social backgrounds. The result is inequitable educational outcomes, because at larger schools the gap between the educational achievement of high-achieving and low-achieving students is greater than at smaller schools. (5) Research shows that-- (A) in smaller, more personalized, and less bureaucratic schools, the gap between high-achieving and low-achieving students is smaller; (B) students in smaller schools perform better in the core subjects of reading, mathematics, history, and science; (C) students in smaller schools are more engaged in their courses; (D) smaller schools have higher attendance rates and higher rates of participation in school activities; and (E) because achievement levels in smaller schools are more equitably distributed, students who come from more disadvantaged economic and educational backgrounds show the greatest achievement gains in smaller schools. (6) In 2000, the Bank Street College of Education conducted a study, entitled ``Small Schools: Great Strides'', of more than 150 small schools in Chicago, Illinois. In the study, researchers found the following: (A) Small schools generated measurable benefits (including higher attendance rates, grade point averages, and graduation rates) even among the most academically disadvantaged students. (B) Teachers and parents reported greater satisfaction with small schools. (C) Teachers found that small schools offer a stronger, more collaborative professional learning community and provide opportunities to know students better and to take greater responsibility for their achievement. (D) Parents found that small schools are more accessible, more responsive, and safer. (7) According to a recent study of 13,600 schools in Georgia, Montana, Ohio, and Texas-- (A) in smaller schools the harmful effects of poverty on student achievement were greatly reduced; and (B) in poorer Texas communities, larger schools had significantly lower test scores than smaller schools. (8) Research shows that smaller schools are safer and that students in smaller schools are less likely to join gangs. According to the 1999 report entitled ``Indicators of School Crime and Safety'' issued by the National Center for Education Statistics and the Bureau of Justice Statistics-- (A) the number of criminal acts committed at school and number of incidents of school violence were much lower in schools enrolling between 300 to 1,000 students than in larger schools regardless of location in urban, suburban, or rural areas; and (B) on the urban fringe, at schools within metropolitan areas but not in the areas' central cities, larger schools experienced as many as 4 times as many incidents of serious violence per 1,000 students than smaller schools. (9) Many States and local educational agencies are implementing strategies to reduce the size of their schools, including Florida, where in 2000 Governor Jeb Bush signed a school safety bill that required new schools to serve smaller student populations. The legislation limited new high schools to 900 students. SEC. 3. SMALLER LEARNING COMMUNITIES GRANT PROGRAM. Section 10105 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8005) is amended to read as follows: ``SEC. 10105. SMALLER LEARNING COMMUNITIES. ``(a) Definitions.--In this section, the following definitions apply: ``(1) School.--The term `school' means an elementary school or a secondary school. ``(2) School-within-a-school.--The term `school-within-a- school' means a unit within a school that creates a close and consistent academic and administrative relationship between a group of students and a group of teachers such that the unit functions as an individualized smaller school, regardless of how many such schools-within-a-school exist within the larger school. ``(3) Smaller learning community.--The term `smaller learning community' means-- ``(A) an independent, small school within a single building; ``(B) a school-within-a-school; or ``(C) any other grouping of students, teachers, or administrators that uses effective or innovative strategies to create a more personalized school experience for students to improve student achievement or performance, including but not limited to strategies that make use of-- ``(i) career academies or clusters; ``(ii) magnet schools; ``(iii) restructured daily or school-year schedules; or ``(iv) mentoring systems, such as personal adult advocates or teacher advisory systems. ``(b) Authority To Make Grants.--In accordance with this section, the Secretary may-- ``(1) make grants to local educational agencies to enable such agencies to develop plans to create smaller learning communities; and ``(2) make grants to local educational agencies to enable such agencies to implement plans to establish such communities. ``(c) Application.-- ``(1) In general.--In accordance with this subsection, the Secretary shall require that each local educational agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(2) Simple, brief application.--In developing applications for the grants described in subsection (b), the Secretary shall develop an application that is simple and brief in form. ``(3) Planning grants.--Each application from a local educational agency for a grant under subsection (b)(1) shall include information relating to each of the following: ``(A) The need in the area administered by the local educational agency for 1 or more smaller learning communities. ``(B) The process the local educational agency intends to follow in establishing 1 or more smaller learning communities. ``(C) The steps the local educational agency intends to follow in order to ensure the viability of each smaller learning community to be assisted with the grant. ``(D) For each smaller learning community to be assisted with the grant, the non-Federal resources that will be available to the local educational agency from each of the following: ``(i) Any existing school at which the smaller learning community will be located. ``(ii) The school district, or area administered by the local educational agency, in which the smaller learning community will be located. ``(4) Implementation grants.--Each application from a local educational agency for a grant under subsection (b)(2) shall include information relating to each of the following: ``(A) The strategies and methods the local educational agency intends to use to create each smaller learning community. ``(B) The curriculum and instructional practices, including any particular themes or emphases, to be used in the learning environment. ``(C) The degree of involvement of teachers, and other school personnel, in investigating, designing, implementing, and sustaining each smaller learning community. ``(D) The process to be used for involving students, parents, and other stakeholders in the development and implementation of each smaller learning community. ``(E) Any cooperation or collaboration among community agencies, organizations, businesses, and others to develop or implement a plan to create each smaller learning community. ``(F) The training and professional development activities that will be offered to teachers and others involved in the activities for which the grant is sought. ``(G) The goals and objectives of the activities for which the grant is sought, including a description of how such activities will better enable all students to reach challenging State content standards and State student performance standards. ``(H) The methods by which the local educational agency will assess progress in meeting the goals and objectives described in subparagraph (G). ``(I) With respect to any smaller learning community that will be a school-within-a-school, the relationship, including governance and administration, between the smaller learning community and the rest of the school. ``(J) The administrative and managerial relationship between the local educational agency and each smaller learning community, including how such agency intends to ensure the continuity of the smaller learning community and the continuity of student and teacher assignment to such community. ``(K) How the local educational agency intends to coordinate the use of the proceeds of the grant with the use of other funds provided under this Act or under other Federal laws. ``(L) The grade levels or ages of students who will participate in each smaller learning community. ``(M) The method of placing students in each smaller learning community. ``(d) Use of Grant Funds.-- ``(1) Planning grants.--The proceeds of a grant made under subsection (b)(1) may be used for any of the following: ``(A) Study of the feasibility of creating a smaller learning community. ``(B) Study of effective and innovative organizational and instructional strategies for use in 1 or more smaller learning communities. ``(C) Research on and development of strategies for creating 1 or more smaller learning communities. ``(D) Research on and development of, for 1 or more smaller learning communities, effective and innovative curriculums and methods of instruction designed to meet high State content standards and State student performance standards. ``(E) Provision of professional development in innovative teaching methods that challenge and engage students to the staff of 1 or more smaller learning communities. ``(F) Development of strategies for the participation in 1 or more smaller learning communities of parents, business representatives, local institutions of higher education, community-based organizations, and other community members, as facilitators of activities that provide professional development for teachers or that provide links between students and their local community. ``(G) Any other reasonable expense, including architectural fees to design or remodel school facilities, but not including the costs directly associated with the renovation of existing facilities or the purchase or construction of new facilities. ``(2) Implementation grants.--The proceeds of a grant made under subsection (b)(2) may be used for any of the following: ``(A) Implementing strategies for creating 1 or more smaller learning communities. ``(B) Implementing within 1 or more smaller learning communities effective and innovative curriculums and methods of instruction designed to meet high State content standards and State student performance standards. ``(C) Implementing strategies for the participation in 1 or more smaller learning communities of parents, business representatives, local institutions of higher education, community-based organizations, and other community members, as facilitators of activities that provide professional development for teachers or that provide links between students and their local community. ``(D) Any other reasonable expense, including architectural fees to design or remodel school facilities, but not including the costs directly associated with the renovation of existing facilities or the purchase or construction of new facilities. ``(e) Equitable Distribution.--In making grants under this section, the Secretary shall ensure that the recipients of grants under subsection (b)(1) and the recipients of grants under subsection (b)(2) are equitably distributed among urban, suburban, and rural areas of the United States. ``(f) Report to the Secretary.--The Secretary shall require as a condition of receipt of each grant under this section that the grant recipient transmit to the Secretary a report on how the proceeds of the grant were used. ``(g) Additional Authority.--To further assist local educational agencies with respect to planning for or implementation of smaller learning communities, the Secretary may-- ``(1) provide technical assistance to such local educational agencies ; and ``(2) participate in networking activities. ``(h) Secretary's Use of Funds.--In each fiscal year, the Secretary may use not more than a total of 5 percent of the amount authorized under subsection (j) for-- ``(1) evaluation of the program authorized by this section; ``(2) the provision of technical assistance under subsection (g)(1); and ``(3) networking activities under subsection (g)(2). ``(i) Study.--The Secretary shall conduct a study to-- ``(1) build on existing research in the smaller learning communities field; ``(2) evaluate and compare outcomes at various types of smaller learning communities, including smaller learning communities in urban, suburban, and rural school districts; and ``(3) track the effectiveness of smaller learning communities. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $200,000,000 for fiscal year 2002 and such sums as may be necessary for the 4 succeeding fiscal years.''.", "summary": "Smaller Schools, Stronger Communities Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to local educational agencies to develop and implement plans to create smaller learning communities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Video Choice Act of 2005''. SEC. 2. ESTABLISHMENT OF VIDEO CHOICE REGULATORY RELIEF. The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following new title: ``TITLE VIII--VIDEO CHOICE REGULATORY RELIEF ``SEC. 801. DEFINITIONS. ``(a) Competitive Video Services Provider.--For purposes of this title, the term `competitive video services provider' means any provider of video programming, interactive on-demand services, other programming services, or any other video services, who has, pursuant to any Federal, State, or local law, any right, permission, or authority to establish or use lines in or across public rights-of-way, which right, permission or authority does not rely on, and is independent of, any cable franchise obtained pursuant to section 621. ``(b) Other Terms.--For the purposes of this title, any term used in this title that is defined by section 602 has the meaning provided by that section. ``SEC. 802. REGULATORY RELIEF. ``(a) Redundant Franchises Prohibited.--Notwithstanding any other provision of this Act, no competitive video services provider may be required, whether pursuant to section 621 or to any other provision of Federal, State, or local law, to obtain a franchise, in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in any geographic area if the provider has, pursuant to any Federal, State, or local law, any right, permission, or authority to establish lines in or across public rights-of-way in such geographic area, which right, permission or authority does not rely on, and is independent of, any cable franchise obtained pursuant to section 621. ``(b) Fees.-- ``(1) Fees permitted.--Any competitive video services provider may be subject to the payment of fees to a local franchising authority, based on the gross revenues of the provider within the jurisdiction of such franchising authority, subject to the limitations of paragraph (2). ``(2) Limits on fees.--In determining the fees that may be required under paragraph (1)-- ``(A) the rate at which fees are imposed shall not exceed-- ``(i) the rate at which franchise fees are imposed on any cable operator providing cable service in the jurisdiction of the franchising authority, as determined in accordance with section 622 and any related regulations; or ``(ii) in any jurisdiction in which no cable operator provides service, no more than the rate at which franchise fees could be imposed rate on a cable operator in accordance with section 622 and any related regulations; and ``(B) the only revenues that shall be considered are those attributable to services that would be considered in calculating franchise fees if the provider were deemed a cable operator for purposes of section 622 and any related regulations. ``(3) Itemized billing permitted.--The competitive video services provider may designate that portion of the end user's bill attributable to the fee under this subsection as a separate item on the bill. ``(c) Regulatory Treatment.-- ``(1) Obligations and duties.--Any competitive video services provider shall-- ``(A) be subject to the retransmission consent provisions of section 325(b); ``(B) carry, within each local franchise area, any public, educational, or governmental use channels that are carried by cable operators within such franchise area, and, in any franchise area not served by a cable operator, provide reasonable public, educational or governmental access facilities pursuant to section 611; ``(C) carry the signals of local commercial television stations as required by section 614; ``(D) carry the signals of local noncommercial educational television stations as required by section 615; ``(E) not deny services to any group of potential residential subscribers because of the income of the residents of the local area in which such group resides; ``(F) be entitled to the benefits and protection of section 628; ``(G) protect the personally identifiable information of its subscribers in the same manner as is required of cable operators with respect to subscribers to cable services under section 631; ``(H) comply with any consumer protection and customer service requirements promulgated by the Commission pursuant to section 632; ``(I) be entitled to the benefits and protection of section 633; ``(J) be subject to the requirements of section 641; ``(K) be subject to the prohibition on buy outs of or by the incumbent cable operator under section 652; and ``(L) not be subject to any other provisions of title VI of this Act. ``(2) Determinations of local signals.--For purposes of complying with paragraphs (1) (C) and (D), a competitive video service provider shall treat as local television stations with respect to a customer located within the jurisdiction of any franchising authority the same stations that are treated as local television stations for a cable system located within such jurisdiction. ``(d) Other Regulation Prohibited.--Except to the extent expressly provided in this title, neither the Commission nor any State or political subdivision thereof may regulate the rates, charges, terms, or conditions for, entry into, exit from, deployment or provision of, or any other aspect of the services provided by a competitive video services provider. ``(e) State and Local Government Authority.--Except as provided in subsection (a), nothing in this section affects the authority of a State or local government to manage the public rights-of-way.''. SEC. 3. REGULATION OF COMMON CARRIERS. Section 651(a)(3) of the Communications Act of 1934 (47 U.S.C. 571(a)(3)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(C) if such carrier is a competitive video services provider providing video programming pursuant to title VIII of this Act, such carrier shall not be subject to the requirements of this title except as provided in title VIII.''.", "summary": "Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to establish lines in or across public rights-of-way and such right or authority does not rely on, and is independent of, any cable franchise obtained by the CVSP. Allows the CVSP to be subject to the payment of fees (with limits) to a local franchising authority based on the gross revenue of the CVSP in that area. Provides for the regulatory treatment of CVSPs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Safety Act of 2000''. SEC. 2. ESTABLISHMENT OF REQUIREMENT FOR RESPONSE PLANS FOR NONTANK VESSELS. Subtitle II of title 46, United States Code, is amended-- (1) in the analysis at the beginning of the subtitle, by adding after the item relating to chapter 147 the following: ``48. Response plans for nontank vessels................... 4801''; and (2) by adding at the end of part B the following: ``CHAPTER 48--RESPONSE PLANS FOR NONTANK VESSELS ``Sec. ``4801. Definitions. ``4802. Application. ``4803. General response plan requirement. ``4804. Regulations. ``4805. Submittal of response plans. ``4806. Review and approval of response plans. ``Sec. 4801. Definitions ``In this chapter: ``(1) The term `covered vessel' means a vessel to which this chapter applies. ``(2) The term `maritime cooperative' means any association established by any combination of owners or operators of marine terminals, marine facilities, or vessels, vessel agents, or maritime industry groups, that provides oil spill response planning and oil spill-related communications services. ``(3) The term `response plan' means a plan for the prevention of oil spills and the containment and cleanup of oil spills from the navigable waters of the United States and for the protection of fisheries and wildlife, natural resources, and public and private property from such a spill. ``Sec. 4802. Application ``This chapter applies to any vessel over 300 gross tons carrying oil as fuel on the navigable waters of the United States, other than-- ``(1) a tank vessel; and ``(2) a fishing vessel. ``Sec. 4803. General response plan requirement ``(a) After June 1, 2001, a vessel subject to this chapter may not operate on the navigable waters of the United States unless a response plan for that operation has been approved by the Secretary and implemented. ``(b) Approval of a response plan by the Secretary under this section must be renewed at least once every 5 years. ``Sec. 4804. Regulations ``Not later than January 1, 2003, the Secretary shall issue regulations establishing the minimum requirements for approval of response plans required under this chapter. The regulations shall require that each such response plan-- ``(1) include complete details concerning the response to oil spills of various sizes from vessels to which the plan applies; ``(2) to the maximum extent practicable, be designed in terms of personnel, materials, and equipment, necessary to remove oil and minimize any damage to the environment resulting from a maximum probable spill and a worse case spill; ``(3) describe how the response plan relates to and is coordinated with contingency plans developed by a State, cooperative, port, or regional entity; ``(4) provide procedures for early detection of an oil spill and timely notification of appropriate Federal, State, and local authorities about the spill in accordance with applicable State and Federal law; ``(5) demonstrate ownership of or access to an emergency response communications network that-- ``(A) covers all locations of operation or transit by the vessel to which the response plan applies; and ``(B) provides for immediate notification and continual emergency communications during cleanup response; ``(6) state the number, training preparedness, and fitness of all dedicated, prepositioned personnel assigned to implement the plan; ``(7) incorporate periodic training and drill programs to evaluate whether the personnel and equipment provided under the plan are in a state of operational readiness at all times; ``(8) state the means of protecting and mitigating the effects of an oil spill on the environment; ``(9) provide a detailed description of equipment, training, and procedures to be used by the crew of a vessel to minimize vessel damage, and to stop or reduce oil spilling from the vessel; ``(10) provide arrangements for prepositioning oil spill containment and cleanup equipment and trained personnel; ``(11) provide arrangements for enlisting the use of qualified and trained cleanup personnel to implement the plan; ``(12) provide for the disposal of recovered oil in accordance with local, State, and Federal law; ``(13) state the measures that have been taken to reduce the likelihood that an oil spill will occur; and ``(14) state the amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other response plans rely on the same equipment. ``Sec. 4805. Submittal of response plans ``(a) A response plan under this chapter shall be submitted to the Secretary for each vessel to which this chapter applies, within 12 months after the Secretary prescribes regulations under this chapter. ``(b) A response plan under this chapter for operations of a vessel may be submitted by-- ``(1) the owner or operator of the vessel, including a person authorized to submit a plan under a contract with the owner or operator pursuant to subsection (c); ``(2) the owner or operator of any facility at which the vessel will be loading or unloading its cargo; or ``(3) a qualified maritime cooperative in which the owner or operator of the vessel is a participating member. ``(c)(1) A person that has contracted with the owner or operator of a vessel to provide containment and cleanup services for operations of the vessel and that meets the standards prescribed by the Secretary under this chapter may submit the response plan required under this chapter for those operations. ``(2) Subject to conditions imposed by the Secretary, a person referred to in paragraph (1) may submit a single plan under this chapter for more than one vessel with respect to which the person is contractually obligated to provide containment and cleanup services. ``(d)(1) A maritime cooperative may submit a response plan under this chapter for a group of vessels owned or operated by members of the cooperative. ``(2) A maritime cooperative shall have a lien on a vessel owned or operated by a member of the cooperative-- ``(A) for any regular operating assessments made by the cooperative with respect to the vessel; and ``(B) for any direct costs incurred by the cooperative in providing oil spill response or oil spill-related communications services for the vessel. ``Sec. 4806. Review and approval of response plans ``(a) In reviewing a response plan submitted under this chapter, the Secretary shall consider, among other matters, the following factors: ``(1) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification procedures, response time, and logistical arrangements for coordination and implementation of response efforts to remove oil spills promptly and properly and to protect the environment. ``(2) The nature and amount of vessel traffic within the area covered by the plan. ``(3) The volume and type of oil being transported within the area covered by the plan. ``(4) The existence of navigational hazards within the area covered by the plan. ``(5) The history and circumstances surrounding prior spills of oil within the area covered by the plan. ``(6) The sensitivity of fisheries and wildlife and other natural resources within the area covered by the plan. ``(7) Relevant information on previous spills contained in on-scene coordinator reports covered by the plan. ``(8) The extent to which reasonable, cost-effective measures to reduce the likelihood that a spill will occur have been incorporated into the plan. ``(9) The number of covered vessels calling in and the facilities located in the geographic area and the resulting ability of State and local agencies and industry groups to develop, finance, and maintain a response plan and spill response system for those vessels. ``(10) The spill response equipment and resources available to a person providing a response plan for vessels under the response plans filed by the person under State or Federal law for other covered vessels or facilities owned or operated by that person. ``(b) The Secretary may approve a response plan only if the Secretary determines that the plan-- ``(1) meets the requirements established under section 4804 of this title; and ``(2) will ensure, to the maximum extent practicable, removal of oil promptly, properly, and with minimal damage to the environment. ``(c) On approval of a response plan, the Secretary shall issue to the person that submitted the plan a certificate stating that the plan has been approved. The certificate shall include the name of each vessel for which the certificate is issued, the effective date of the plan, and the date by which the plan must be submitted for renewal. ``(d) An owner or operator of a covered vessel or facility shall notify the Secretary in writing immediately of any significant change affecting any response plan approved for the vessel or facility under this chapter, including changes in any factor set forth in this section or regulations prescribed under this section. The Secretary may require the owner or operator to update a response plan as a result of these changes. ``(e) A holder of an approved response plan shall not be considered to have violated the terms of the response plan by furnishing to another person having a response plan approved under this chapter, after notifying the Secretary, equipment, materials or personnel to assist the other person in a response to an oil discharge. ``(f) The Secretary may impose any reasonable term or condition on approval or modification of a response plan under this chapter that the Secretary determines is necessary to ensure that the applicant-- ``(1) has access to sufficient resources to protect environmentally sensitive areas and to prevent, contain, clean up and mitigate potential oil discharges from the vessel to which the plan applies; ``(2) maintains personnel levels sufficient to carry out emergency operations; and ``(3) complies with the response plan. ``(g) The Secretary may not approve or renew a response plan under this chapter unless the plan ensures the use by the applicant of the best technology available at the time the response plan was submitted or renewed. ``(h) The Secretary may require an applicant or a holder of an approved response plan to take steps necessary to demonstrate its ability to carry out the response plan, including-- ``(1) periodic training; ``(2) response team exercises; and ``(3) verification of access to inventories of equipment, supplies, and personnel identified as available in the response plan. ``(i)(1) The Secretary may delegate to a State the authority to approve response plans under this chapter for vessel operations in that State, to the extent that the laws of the State establish response plan requirements that are substantially similar to requirements established by the Secretary under section 4804 of this title. ``(2) This subsection does not authorize the Secretary to delegate to a State the authority to regulate vessel design, construction, equipment, manning, training, or operational requirements. ``(j) The approval of a response plan by the Secretary does not constitute an express assurance regarding the adequacy of the plan or constitute a defense to liability imposed under Federal or State law.''. SEC. 3. LIMITS OF LIABILITY AND CERTIFICATES OF FINANCIAL RESPONSIBILITY FOR NONTANK VESSELS. Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2703) is amended-- (1) by striking ``$600'' and inserting ``$806''; and (2) by striking ``$500,000'' and inserting ``$672,000''. SEC. 4. VOYAGE DATA RECORDERS. Section 3305 of title 46, United States Code, is amended by adding at the end the following: ``(d)(1) A passenger vessel, small passenger vessel, and freight vessel (including a foreign vessel) to which this paragraph applies shall be equipped with a voyage data recorder of a type prescribed by the Secretary. In prescribing the type of voyage data recorder for a vessel, the Secretary shall consider the type, size, and characteristics of the vessel. ``(2) Paragraph (1) of this subsection applies as follows: ``(A) To any small passenger vessel certified by the Secretary to carry more than 100 passengers, a high speed commercial vessel, or a passenger vessel built after June 30, 2002. ``(B) On and after June 30, 2002, to any roll-on-roll-off passenger vessel on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2000. ``(C) On and after January 1, 2004, to any passenger vessel or small passenger vessel on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2002. ``(D) On and after January 1, 2004, to any freight vessel of 20,000 or more gross tons, if the vessel was built after June 30, 2002. ``(E) On and after January 1, 2006, to any freight vessel of 3,000 or more gross tons and less than 20,000 gross tons, if the vessel was built after June 30, 2002. ``(F) On and after January 1, 2007, to any freight vessel of 20,000 or more gross tons on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2002. ``(G) On and after January 1, 2009, to any freight vessel of 3,000 or more gross tons and less than 20,000 gross tons, on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2002.''. SEC. 5. INVESTIGATIONS OF CASUALTY RESPONSE. Section 6301 of title 46, United States Code, is amended-- (1) by inserting ``, and responses to those casualties,'' after ``marine casualties''; and (2) in paragraph (6) by inserting ``or improve the response to future casualties'' after ``recurrence of the casualty''. SEC. 6. AUTOMATED INFORMATION SYSTEM. (a) Transponder Requirement.-- (1) In general.--Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with a position indicating transponder and an appropriate situation display or other device suitable for accessing information made available by the transponder system, in accordance with regulations prescribed by the Secretary of Transportation: (A) Vessels subject to Public Law 92-63. (B) Small passenger vessels carrying more than a number of passengers determined by the Secretary of Transportation. (C) Towing vessels while towing astern or pushing ahead or alongside, except commercial assistance towing vessels rendering assistance to disabled small vessels. (2) Exemption.--The Secretary may exempt a vessel from paragraph (1) if the Secretary finds that a transponder is not necessary for the safe navigation of the vessel on the waters on which the vessel operates. (b) Regulations.--The Secretary of Transportation shall issue regulations implementing subsection (a), including requirements for the operation and maintenance of transponders required under subsection (a). (c) Application.--Subsection (a) shall apply as follows: (1) On and after July 1, 2002, to-- (A) vessels built after that date; and (B) vessels operating within the geographic boundaries of a Vessel Traffic Service. (2) On and after July 1, 2003, to-- (A) passenger vessels; (B) tankers; and (C) towing vessels engaged in moving a tank vessel. (3) On and after July 1, 2005, to all other vessels. SEC. 7. AUTHORITY TO PROHIBIT LOADING AND UNLOADING OF VESSELS. (a) Prohibition.--The Port and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end the following: ``SEC. 15. AUTHORITY TO PROHIBIT LOADING AND UNLOADING OF VESSELS. ``The Secretary may prohibit the loading or unloading of a vessel in any port or place subject to the jurisdiction of the United States if the vessel is registered in a country that the Secretary finds fails to adequately enforce safety standards prescribed by the International Maritime Organization.''. (b) Review.--Within one year after the date of enactment of this Act, the Secretary shall-- (1) determine the 5 countries having the greatest number of vessels registered in the country that were detained by the Coast Guard in 1999 for violation of a safety standard prescribed by the International Maritime Organization; and (2) review and report to the Congress regarding whether those countries have, since December 31, 1999, adequately enforced safety standards prescribed by such organization. (c) Innocent Passage and Transit Not Affected.--Nothing in this section is intended to prevent entry into waters subject to the jurisdiction of the United States by a vessel under an international agreement to which the United States is a party. SEC. 8. ELIMINATION OF SINGLE HULLS OVER BUNKER TANKS. The Secretary of Transportation shall propose to and seek to negotiate at the International Maritime Organization the elimination of single hull bunker tanks on commercial vessels capable of carrying more than 1,000 barrels of fuel on board. The proposal shall include-- (1) a requirement prohibiting the operation of any such vessel built after January 1, 2004, that has a single hull bunker tank; and (2) a phaseout schedule for such vessels built before that date that have a single hull bunker tank.", "summary": "Increases the maximum liability of nontank vessels for oil spills to the greater of : (1) $806 (currently $600) per gross ton; or (2) $672,000 (currently $500,000). Requires any passenger vessel, small passenger vessel, and freight vessel (including a foreign vessel) subject to inspection to be equipped with a voyage data recorder of a type prescribed by the Secretary. Requires the Secretary to prescribe regulations for the immediate investigation of responses to marine casualties. Requires certain vessels, including small passenger and towing vessels, to be equipped with a position indicating transponder and an appropriate situation display or other device suitable for accessing information made available by the transponder system. Authorizes the Secretary to prohibit the loading or unloading of a vessel in any port or place subject to U.S. jurisdiction if the vessel is registered in a country that fails to adequately enforce safety standards prescribed by the International Maritime Organization (IMO). Requires the Secretary to report to Congress on: (1) the five such countries with the greatest number of registered vessels detained by the Coast Guard in 1999 for violation of such safety standards; and (2) whether those countries have, since December 31, 1999, adequately enforced such standards. Directs the Secretary to seek to negotiate at the IMO the elimination of single hull bunker tanks on commercial vessels capable of carrying more than 1,000 barrels of fuel on board."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection from Sexual Predators Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) rape and sexual assaults continue to be serious threats to the safety of communities across America; (2) sexual offenders are much more likely than any other category of criminals to repeat their crimes again and again, even after serving time in prison; (3) the average rape sentence is just 10\\1/2\\ years, and the average time served is half of that, approximately 5 years; and (4) repeat sexual offenders frequently strike in more than one State and, while States have primary responsibility for the prosecution of sexual offenders, the option of Federal prosecution provides a needed additional tool to safeguard communities victimized by these individuals. (b) Sense of Congress.--It is the sense of Congress that-- (1) States should more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with a first-time sexual offender and whether to grant parole to sexual offenders; and (2) States should review their treatment and parole supervision programs for sexual offenders to assure that these programs are fulfilling their goals, and, if they are not, these programs should be immediately replaced or abandoned. SEC. 3. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT CASES. Section 2241 of title 18, United States Code, is amended by adding at the end the following: ``(e) Punishment for Sexual Predators.--(1) Whoever, in a circumstance described in paragraph (2) of this subsection-- ``(A) violates this section; or ``(B) engages in conduct that would violate this section, if the conduct had occurred in the special maritime and territorial jurisdiction of the United States, and-- ``(i) that conduct is in interstate or foreign commerce; ``(ii) the person engaging in that conduct crossed a State line with intent to engage in the conduct; or ``(iii) the person engaging in that conduct thereafter engages in conduct that is a violation of section 1073(1) with respect to an offense that consists of the conduct so engaged in; shall be imprisoned for life. ``(2) The circumstance referred to in paragraph (1) of this subsection is that the defendant has previously been convicted of another State or Federal offense for conduct which-- ``(A) is an offense under this section or section 2242 of this title; or ``(B) would have been an offense under either of such sections if the offense had occurred in the special maritime or territorial jurisdiction of the United States.''. SEC. 4. ADDITIONAL CONDITION FOR TRUTH IN SENTENCING GRANTS. Section 20104 of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following: ``(c) Additional Requirement.--A State is not eligible for a grant under this section unless such State has provided assurances to the Attorney General that such State has in effect laws which allow the court to impose a sentence of life in prison without parole on a defendant in a criminal case who is convicted of a State offense for conduct that-- ``(1) is an offense under section 2241 or 2242 of title 18, United States Code; or ``(2) would have been an offense under either of such sections if the offense had occurred in the special maritime or territorial jurisdiction of the United States; after having previously been convicted of another State or Federal offense for conduct that was an offense described in paragraph (1) or (2).''. SEC. 5. STUDY OF PERSISTENT SEXUAL PREDATORS. The National Institute of Justice, either directly or through grant, shall carry out a study of persistent sexual predators. Not later than one year after the date of the enactment of this Act, such Institute shall report to Congress and the President the results of such study. Such report shall include-- (1) a synthesis of current research in psychology, sociology, law, criminal justice, and other fields regarding persistent sexual offenders, including-- (A) common characteristics of such offenders; (B) recidivism rates for such offenders; (C) treatment techniques and their effectiveness; (D) responses of offenders to treatment and deterrence; and (E) the possibility of early intervention to prevent people from becoming sexual predators; and (2) an agenda for future research in this area.", "summary": "Protection from Sexual Predators Act of 1997 - Expresses the sense of the Congress that States should: (1) more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with or grant parole to sexual offenders; and (2) review treatment and parole supervision programs for sexual offenders to assure that such programs are fulfilling their goals. Amends the Federal criminal code to provide that whoever violates provisions regarding aggravated sexual abuse (or engages in conduct that would violate such provisions if the conduct had occurred in the special maritime and territorial jurisdiction of the United States under specified circumstances) after previously having been convicted of another State or Federal sexual abuse offense (or conduct which would have been such an offense if the offense had occurred in such jurisdiction) shall be imprisoned for life. Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for a truth in sentencing incentive grant, to provide assurances to the Attorney General that such State has in effect laws which allow the court to impose a sentence of life in prison without parole on a defendant in a criminal case who is convicted of a State offense for conduct which is a sexual abuse or aggravated sexual abuse offense under the Federal criminal code (or which would have been an offense under such provisions if the offense had occurred in U.S. jurisdiction) after having previously been convicted of another State or Federal sexual abuse or aggravated sexual abuse offense. Requires the National Institute of Justice to carry out a study of persistent sexual predators and to report to the Congress and the President."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Traceability and Safety Act of 2003''. SEC. 2. TRACEABILITY OF LIVESTOCK AND POULTRY. (a) Livestock.--Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 25. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS. ``(a) Definition of Traceability.--In this section, the term `traceability' means the ability to retrieve the history, use, and location of an article through a recordkeeping and audit system or registered identification. ``(b) Requirements.-- ``(1) In general.--Cattle, sheep, swine, goats, and horses, mules, and other equines presented for slaughter for human food purposes, and the carcasses or parts of carcasses and the meat and meat food products of those animals, shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace-- ``(A) each animal to any premises or other location at which the animal was held at any time before slaughter; and ``(B) each carcass or part of a carcass and meat and meat food product of such animals forward from slaughter through processing and distribution to the ultimate consumer. ``(2) Traceability system.--The Secretary shall establish a traceability system for all stages of production, processing, and distribution of meat and meat food products that are produced through the slaughter of animals described in paragraph (1). ``(c) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any cattle, sheep, swine, goats, or horses, mules, or other equines not identified as prescribed by the Secretary under subsection (b). ``(d) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify livestock pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the livestock. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(e) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any cattle, sheep, swine, goats, horses, mules, or other equines, or carcasses thereof, were held. ``(f) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any cattle, sheep, swine, goats, horses, mules, or other equines, or the carcasses thereof.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 23 (21 U.S.C. 467e) the following: ``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS. ``(a) Definition of Traceability.--In this section, the term `traceability' means the ability to retrieve the history, use, and location of an article through a recordkeeping and audit system or registered identification. ``(b) Requirements.-- ``(1) In general.--Poultry presented for slaughter for human food purposes and poultry products shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace-- ``(A) each animal to any premises or other location at which the animal was held at any time before slaughter; and ``(B) each poultry product forward from slaughter through processing and distribution to the ultimate consumer. ``(2) Traceability system.--The Secretary shall establish a traceability system for all stages of production, processing, and distribution of poultry and poultry food products that are produced through the slaughter of animals described in paragraph (1). ``(c) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any poultry not identified as prescribed by the Secretary. ``(d) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify poultry pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the poultry. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(e) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any poultry, or carcasses thereof, were held. ``(f) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any poultry or the carcasses thereof.''.", "summary": "Meat and Poultry Products Traceability and Safety Act of 2003 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct that cattle, sheep, swine, goats, horses, mules and other equines, and poultry presented for slaughter for human consumption, and the carcasses or parts of carcasses and the meat and food products of those animals, shipped in interstate commerce be identified in a manner that enables the Secretary of Agriculture to trace: (1) each animal to any location at which the animal was held at any time before slaughter; and (2) each carcass or part of a carcass and food product forward from slaughter through processing and distribution to the ultimate consumer. Authorizes the Secretary to prohibit or restrict entry to a slaughtering establishment of an animal not so identified. Directs the Secretary to establish a traceability system for all stages of production, processing, and distribution of meat and meat food products and poultry and poultry food products."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Historical Records Preservation Act of 2008''. SEC. 2. GRANT PROGRAM. Section 2504 of title 44, United States Code, is amended by-- (1) redesignating subsection (f) as subsection (g); (2) amending subsection (g)(1) (as so redesignated by paragraph (1))-- (A) in subparagraph (R), by striking ``and''; (B) in subparagraph (S), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(T) $15,000,000 for fiscal year 2010.''; and (3) inserting after subsection (e), the following: ``(f) Grants for Presidential Centers of Historical Excellence.-- ``(1) In general.--The Commission shall make grants, on a competitive basis and in accordance with this subsection, to eligible entities to promote the historical preservation of, and public access to, historical records and documents relating to any President who does not have a Presidential archival depository currently managed and maintained by the Federal Government pursuant to section 2112 (commonly known as the `Presidential Libraries Act of 1955'). ``(2) Eligible entity.--For purposes of this subsection, an eligible entity is-- ``(A) an organization described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; or ``(B) a State or local government of the United States. ``(3) Use of funds.--Amounts received by an eligible entity under paragraph (1) shall be used to promote the historical preservation of, and public access to, historical records or historical documents relating to any President covered under paragraph (1). ``(4) Prohibition on use of funds.--Amounts received by an eligible entity under paragraph (1) may not be used for the maintenance, operating costs, or construction of any facility to house the historical records or historical documents relating to any President covered under paragraph (1). ``(5) Application.-- ``(A) In general.--An eligible entity seeking a grant under this subsection shall submit to the Commission an application at such time, in such manner, and containing or accompanied by such information as the Commission may require, including a description of the activities for which a grant under this subsection is sought. ``(B) Approval of application.--The Commission shall not approve a grant application submitted under subparagraph (A) unless an eligible entity establishes that such entity-- ``(i) possesses, with respect to any President covered under paragraph (1), historical works and collections of historical sources that the Commission considers appropriate for preserving, publishing, or otherwise recording at the public expense; ``(ii) has appropriate facilities and space for preservation of, and public access to, the historical works and collections of historical sources; ``(iii) shall ensure preservation of, and public access to, such historical works and collections of historical sources at no charge to the public; ``(iv) has educational programs that make the use of such documents part of the mission of such entity; ``(v) has raised funds from non-Federal sources in support of the efforts of the entity to promote the historical preservation of, and public access to, such historical works and collections of historical sources in an amount equal to the amount of the grant the entity seeks under this subsection; ``(vi) shall coordinate with any relevant Federal program or activity, including programs and activities relating to Presidential archival depositories; ``(vii) shall coordinate with any relevant non-Federal program or activity, including programs and activities conducted by State and local governments and private educational historical entities; and ``(viii) has a workable plan for preserving and providing public access to such historical works and collections of historical sources.''.", "summary": "Presidential Historical Records Preservation Act of 2008 - Authorizes appropriations for the National Historical Publications and Records Commission for FY2010. Requires the Commission to make grants to eligible entities on a competitive basis to promote the historical preservation of, and public access to, historical records and documents relating to any President who does not have a presidential archival depository currently managed and maintained by the federal government pursuant to the Presidential Libraries Act of 1955. Defines eligible entities as specified tax-exempt organizations or state or local governments. Prohibits the use of grants for the maintenance, operating costs, or construction of any facility to house the historical records or documents. Prohibits the Commission from approving a grant application unless an entity establishes that it meets certain requirements, including that it: (1) ensures the preservation of, and access to, such historical works and collections of historical sources at no charge to the public; (2) has educational programs that make the use of such documents part of the entity's mission; and (3) has raised funds from nonfederal sources in support of the entity's efforts to promote such preservation and access."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Zoning Preservation Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) In the Telecommunications Act of 1996, Congress preserved local zoning authority over decisions regarding the placement, construction and modification of personal wireless service facilities, except that (A) the zoning application must be acted upon within a reasonable amount of time; (B) the decision must be in writing and be supported by substantial evidence; (C) the decision must not be based on concerns about the environmental effects of radio frequency emissions from facilities; and (D) the State or locality must not discriminate among personal wireless service providers. (2) State and municipal zoning decisions traditionally have been afforded virtually complete deference by Federal courts. Issues of land use are distinctly local and therefore fall on the State-side of the federalism divide. (3) When Congress passed the Telecommunications Act of 1996, it anticipated the need for and proliferation of personal wireless service facilities. Congress, however, included the provisions on the preservation of local zoning authority because it also realized the need to protect State and local authority to regulate the placement, construction, and modification of these facilities, with few limitations. (4) The limitations in the Act have forced States and localities into needless litigation regarding denials of facility applications. In some cases, the courts have misinterpreted the intent of the limitations in the Act on State and local authority, forcing many States and localities to approve applications for construction of unsightly mammoth personal wireless service towers in their community. (5) Many residents of States and local towns have expressed concerns about the impact of personal wireless facilities and towers on property values, aesthetics, and the character of local communities. (6) Many localities have refused to approve personal wireless service facility applications in response to citizen concerns about the facility and tower impacts on property values, aesthetics, and character of the community. (7) A specific limitation included in the section 332(c)(7)(B)(iii) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, provides that any decision by a state or local government to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by ``substantial evidence'' contained in the written record. The conference report for the Telecommunications Act of 1996 defined ``substantial evidence contained in the written record'' as the traditional standard used for judicial review of agency actions--more than a scintilla of evidence but less than a preponderance. (8) Denials of these personal wireless service facility applications have led to litigation in Federal courts, sometimes resulting in federal judges overturning local zoning board decisions. (9) The Federal courts are split on what constitutes ``substantial evidence'' to uphold a local zoning board's decision to deny a permit for construction, placement, or modification of personal wireless service facility. (10) Some Federal courts have refused to acknowledge citizen concerns about aesthetics or a decline in property value as legitimate reasons for denying a personal wireless service facility application, holding that such concerns do not constitute ``substantial evidence''. See, e.g., APT Minneapolis, Inc. v. City of Maplewood, 1998 WL 634224, at *5 (D. Minn. Aug. 12, 1998) (concluding that ``[c]ourts construing the TCA have universally held that general aesthetic considerations fail to meet the substantial evidence test''); Omnipoint Communications Enterprises, Inc. v. Town of Amherst, N.H., Civil No. 97-614-JD (D. N.H. Aug. 21, 1998) (stating that ``[a]lthough aesthetic considerations may be properly taken into account by local governments in some circumstances, they cannot be used to exclude PWS towers entirely''). (11) Other Federal courts, however, have held that local residents' concerns about the personal wireless service facility's impact on aesthetics of the community constitute ``substantial evidence''. See, e.g., Cellular Telephone Co., v. Town of Oyster Bay, 1999 WL 35195, at *7 (2d Cir. Jan. 29, 1999) (concluding that ``aesthetics qualify as a permissible ground for denial of a permit only if we can conclude that there was `more than a scintilla' of evidence . . . before the [Zoning] Board on the negative visual impact of the cell cites''); AT&T Wireless PCS, Inc. v. City Council of the City of Virginia Beach, 155 F.3d 423, 427-28 (4th Cir. 1998) (concluding that testimony from citizens ``demonstrating concerns about the aesthetics of the towers and their incompatibility with the residential character'' of the community ``is more than enough to demonstrate the real, and surely reasonable, concerns animating the democratically elected'' city council's decision). (12) To provide the courts better guidance the Telecommunications Act of 1996 must be amended to clarify that the substantial evidence test may be satisfied by testimony of local residents expressing concerns about the impact of personal wireless service facilities on aesthetics, property values, and the character of residential neighborhoods. Such a legislative change would not discriminate against personal wireless service providers or impede their attempts to provide personal wireless services, but instead would encourage providers and States and localities to work together to design towers, facilities, or other feasible alternatives that do not intrude or diminish the aesthetics of residential communities, thus avoiding costly and protracted litigation. SEC. 3. AMENDMENTS. (a) Substantial Evidence.--Section 332(c)(7)(B)(iii) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)(iii)) is amended by adding at the end the following: ``For purposes of this clause, the term `substantial evidence' includes testimony by local residents expressing their concerns about the impact of personal wireless service facilities on the aesthetics, property values, and the character of the community.''. (b) Burden of Proof.--Section 332(c)(7)(B)(v) of such Act is amended by inserting after the second sentence the following: ``In any such action in which a person seeking to place, construct, or modify a tower facility is a party, such person shall bear the burden of proof.''.", "summary": "Local Zoning Preservation Act of 1999 - Amends provisions of the Communications Act of 1934 relating to the placement, construction, or modification of personal wireless service facilities to: (1) state that a decision by a State or local government to deny a request for the placement of such facilities must be supported by substantial evidence, including testimony by local residents expressing their concern about the impact of such facilities on the aesthetics, property values, and character of the local community; and (2) require a person seeking to place, construct, or modify a tower facility to bear the burden of proof that such action shall have no adverse effect on such community or any person."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Video Competition Improvement Act of 1998''. SEC. 2. ANTICOMPETITIVE EXCLUSIVE CONTRACTS BY MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS. In any civil action based on a claim arising under section 1, 2, or 3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a multichannel video programming distributor that has market power in a particular market has acted by means of a contract that is exclusive with respect to that market, to prevent another multichannel video programming distributor that competes, has a franchise to compete, or is certified by the Federal Communications Commission to compete, in that market from obtaining particular video programming from any person shall be sufficient to establish a presumption of a violation of such section. SEC. 3. ANTICOMPETITIVE DIFFERENTIAL CONTRACTS BY MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS. In any civil action based on a claim arising under section 1, 2, or 3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a multichannel video programming distributor that has market power in a particular market has obtained particular video programming from any person on terms and conditions, other than terms justified by demonstrable cost differentials, that are more favorable than those offered by such person to another multichannel video programming distributor that competes, has a franchise to compete, or is certified by the Federal Communications Commission to compete, in that market shall be sufficient to establish a presumption of a violation of such section. SEC. 4. DEFINITIONS. For the purposes of this Act: (1) Cable operator.--The term ``cable operator'' means any person that-- (A) provides cable service over a cable system and directly, or through 1 or more affiliates, owns a significant interest in a cable system, or (B) otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. (2) Cable service.--The term ``cable service'' means-- (A) the 1-way transmission to subscribers of video programming or other programming service, and (B) subscriber interaction, if any, that is required for the selection or use of such video programming or such programming service. (3) Cable system.--The term ``cable system'' means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide cable service that includes video programming, and that is provided to multiple subscribers within a community, but excludes-- (A) a facility that serves only to retransmit the television signals of 1 or more television broadcast stations, (B) a facility that serves subscribers without using any public right-of-way, (C) a facility of a common carrier that is subject, in whole or in part, to the provisions of title II of the Communications Act of 1934 (47 U.S.C. 201-276), but such facility shall be considered to be a cable system (other than for purposes of section 621(c) of the Communications Act of 1934 (47 U.S.C. 541(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on- demand services, (D) an open video system that complies with section 653 of the Communications Act of 1934 (47 U.S.C. 573), or (E) any facilities of any electric utility used solely for operating its electric utility systems. (4) Franchise.--The term ``franchise'' means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to section 626 of the Communications Act of 1934 (47 U.S.C. 546)), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system. (5) Multichannel video programming distributor.--The term ``multichannel video programming distributor'' means a person, including a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, an open video system, a multichannel television broadcaster, or a television receive-only satellite program distributor, that makes available for purchase, by subscribers or customers, multiple channels of video programming. (6) Video programming.--The term ``video programming'' means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. SEC. 5. EFFECTIVE DATE AND APPLICABILITY. This Act shall take effect on the date of the enactment of this Act, but shall not apply with respect to conduct occurring before such date.", "summary": "Antitrust Video Competition Improvement Act of 1998 - Provides that it shall be sufficient evidence in a civil action to establish a presumption of a violation of section 1 (trusts in restraint of trade), 2 (monopolizing trade), or 3 (trusts in the Territories or the District of Columbia) of the Sherman Act that a multichannel video programming distributor (MVPD) with market power in a particular market has: (1) acted by means of an exclusive contract to prevent a MVPD competitor in that market from obtaining particular video programming from any person; and (2) obtained particular video programming from any person on terms and conditions other than terms justified by demonstrable cost differentials that are more favorable than those offered by such person to another MVPD competitor."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Timely Access to Health Care Act''. SEC. 2. STANDARDS FOR ACCESS TO CARE. (a) Required Standards for Access to Care.--Section 1703 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) For a veteran seeking primary care from the Department, the standard for access to care, determined from the date on which the veteran contacts the Department seeking an appointment until the date on which a visit with a primary-care provider is completed, is 30 days. ``(2)(A) The Secretary shall prescribe an appropriate standard for access to care applicable to waiting times at Department health-care facilities, determined from the time at which a veteran's visit is scheduled until the time at which the veteran is seen by the provider with whom the visit is scheduled. ``(B) The Secretary shall periodically review the performance of Department health-care facilities compared to the standard prescribed under subparagraph (A). The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives an annual report providing an assessment of the Department's performance in meeting that standard. ``(3) Effective on the first day of the first fiscal year beginning after the date of the enactment of this section, but subject to paragraph (4), in a case in which the Secretary is unable to meet the standard for access to care applicable under paragraph (1) or (2), the Secretary shall, or with respect to a veteran described in section 1705(a)(8) of this title may, use the authority of subsection (a) to furnish health care and services for that veteran in a non-Department facility. In any such case-- ``(A) payments by the Secretary may not exceed the reimbursement rate for similar outpatient services paid by the Secretary of Health and Human Services under part B of the medicare program (as defined in section 1781(d)(4)(A) of this title); and ``(B) the non-Department facility may not bill the veteran for any difference between the facility's billed charges and the amount paid by the Secretary under subparagraph (A). ``(4) Paragraph (3) shall not apply to a veteran enrolled or seeking care at a Department facility within a Department geographic service area that has a compliance rate, determined over the first quarter of the first calendar-year beginning after the date of the enactment of this Act, for the standards for access to care under paragraphs (1) and (2) of 90 percent or more. The Secretary shall make the determination of the compliance rate for each Department geographic service area for purposes of the preceding sentence not later than July 1 of the first calendar-year beginning after the date of the enactment of this Act. ``(5)(A) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives for each calendar- year quarter, not later than 60 days after the end of the quarter, a comprehensive report on the experience of the Department during the quarter covered by the report with respect to waiting times for veterans seeking appointments with a Department health-care provider. ``(B) Each report under subparagraph (A) shall include the total number of veterans waiting, shown for each geographic service area by the following categories: ``(i) Those waiting under 30 days for scheduled appointments. ``(ii) Those waiting over 30 days but less than 60 days. ``(iii) Those waiting over 60 days but less than 4 months. ``(iv) Those waiting over 4 months but who cannot be scheduled within 6 months. ``(v) Those waiting over 6 months but who cannot be scheduled within 9 months of seeking care. ``(vi) Those who cannot be scheduled within one year of seeking care. ``(vii) Any remaining veterans who cannot be scheduled, with the reasons therefor. ``(C) For each category set forth in subparagraph (B), the report shall distinguish between-- ``(i) waiting times for primary care and specialty care; and ``(ii) waiting times for veterans who are newly enrolled versus those who were enrolled before October 1, 2001. ``(D) Each such report shall also set forth the number of veterans who have enrolled in the Department's health care system but have not since such enrollment sought care at a Department health care facility. ``(E) The final report under this paragraph shall be for the quarter ending on December 31, 2010.''. (b) Effective Date.--Subsection (e) of section 1703 of title 38, United States Code, as added by subsection (a), shall take effect on the first day of the first month beginning more than six months after the date of the enactment of this Act. The first report under paragraph (5) of that subsection shall be submitted for the quarter ending on December 31 of the first calendar year beginning after the date of the enactment of this Act.", "summary": "Veterans Timely Access to Health Care Act - Makes the standard for access to care for a veteran seeking primary care from the Department of Veterans Affairs 30 days from the date the veteran contacts the Department. Directs the Secretary of Veterans Affairs to prescribe an appropriate standard for waiting times at Department health-care facilities as measured from the time a visit is scheduled until the time the veteran is seen. Directs the Secretary to periodically review the performance of Department health-care facilities in meeting such standards. Authorizes the Secretary to contract for health care services in non-Department facilities in a case in which the Secretary is unable to meet access standards. Prohibits such contracting-out with respect to a Department geographic service area that has a compliance rate in meeting such standards of 90 percent or more. Requires quarterly reports from the Secretary to the congressional veterans' committees on the Department's experience with respect to waiting times."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Team B Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) terrorism and domestic radicalization represent evolving, dynamic, multidimensional threats that necessitate a structured, iterative process to continuously revise plans, operations, concepts, organizations, and capabilities; and (2) past Federal experience in competitive analysis executed by experts drawn from outside the government has helped the intelligence community and policymakers better understand the nature of complex threats to the United States. SEC. 3. ESTABLISHMENT OF COUNTERTERRORISM COMPETITIVE ANALYSIS COUNCIL. (a) Establishment.--Title I of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the following: ``counterterrorism competitive analysis council ``Sec. 120. (a) Establishment.--There is established a council to be known as the `Counterterrorism Competitive Analysis Council' (in this section referred to as the `Council'). ``(b) Duties.--The Council shall-- ``(1) advise the Director of National Intelligence on matters of policy relating to the threats of international terrorism and domestic radicalization based on all-source information; ``(2) prepare a competitive analysis of each national intelligence estimate concerning al-Qaeda and other foreign terrorist organizations and submit such analysis to the Director of National Intelligence and the National Intelligence Council; and ``(3) annually submit to Congress a report in unclassified form, which may include a classified annex, on trends in counterterrorism and domestic radicalization, including a summary of any competitive analysis prepared pursuant to paragraph (2). ``(c) Members.--(1) The Council shall be composed of eight members appointed by the Director of National Intelligence, in consultation with the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. Members shall be selected on the basis of previous experience with matters of policy relating to international terrorism and domestic radicalization. ``(2)(A) The Director of National Intelligence may not appoint an individual to the Council if such individual has served as an officer or employee of the Federal Government within a five-year period of the date of appointment. ``(B) The Director of National Intelligence may not appoint an individual to the Council if-- ``(i) such individual has served as an officer or employee of the Federal Government within a 15-year period of the date of appointment; and ``(ii) on the date of appointment, three of the members of the Council have served as officers or employees of the Federal Government within a 15-year period of the date of appointment. ``(3) The term of a member is five years, and a member may not serve more than two terms, except that a member appointed to fill a vacancy may serve two additional terms after the expiration of the term in which that vacancy occured. ``(4) Any member appointed to fill a vacancy occurring before the expiration of a term shall be appointed for the remainder of that term. ``(5) Every two years, the Council shall select a chair and vice chair from among its members. ``(6) To the extent provided in advance in appropriation Acts, each member shall be paid at a rate not to exceed the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. ``(7) Any member of the Council may, if authorized by the Council, take any action which the Council is authorized to take by this section. ``(d) Staff of Council.--(1) To the extent provided in advance in appropriation Acts, the Council shall appoint and fix the compensation of a Director and such additional staff as may be necessary to enable the Council to carry out its duties. ``(2) The Director and staff of the Council may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that the rate of pay fixed for the Director and staff may not exceed the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. ``(3) In accordance with rules adopted by the Council, and to the extent provided in advance in appropriation Acts, the Council may procure the services of experts and consultants under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. ``(e) Access to Intelligence Information.--(1) The Director of National Intelligence shall transmit to the Council each national intelligence estimate concerning al-Qaeda and other foreign terrorist organizations. ``(2) Upon request of the Council, the Director of National Intelligence shall make available to the Council any intelligence information in the possession of the intelligence community. ``(3) The Director of National Intelligence shall ensure that the appropriate executive departments and agencies cooperate with the Council in expeditiously providing to the members and staff appropriate security clearances in a manner consistent with existing procedures and requirements. ``(f) Applicability of Federal Advisory Committee Act.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.), relating to the termination of advisory committees, shall not apply to the Council. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2012 through 2017. No amount is authorized to carry out this section for a fiscal year unless the appropriation for the Office of the Director of National Intelligence for such fiscal year is reduced by an amount equal to the amount appropriated to carry out this section for such fiscal year''. (b) Initial Report.--The initial report required to be submitted under section 120(b)(2) of the National Security Act of 1947, as added by subsection (a), shall be filed not later than 1 year after the date of the enactment of this Act. (c) Clerical Amendment.--The table of contents of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by inserting after the item relating to section 119B the following: ``Sec. 120. Counterterrorism Competitive Analysis Council.''.", "summary": "Team B Act - Amends the National Security Act of 1947 to establish the Counterterrorism Competitive Analysis Council to: (1) advise the Director of National Intelligence (DNI) on all policy matters relating to threats of international terrorism and domestic radicalization based on all-source information; (2) prepare a competitive analysis of each national intelligence estimate concerning al Qaeda and other foreign terrorist organizations, and submit each analysis to the DNI and the National Intelligence Council; and (3) report annually to Congress on trends in counterterrorism and domestic radicalization."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghanistan Suspension and Debarment Reform Act''. SEC. 2. SUSPENSION AND DEBARMENT AUTHORITY FOR SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION UNDER CERTAIN CIRCUMSTANCES. (a) Suspension and Debarment Process.--Section 1229(g) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 5 U.S.C. App.) is amended by adding at the end the following new paragraph: ``(3) Suspension and debarment.-- ``(A) Referral of case to lead agency.--In carrying out the duties, responsibilities, and authorities set forth under this section, the Inspector General (or the Inspector General's designee) may refer a potential suspension or debarment case described in subparagraph (B) to the lead agency for that suspension or debarment. If such a referral is made, the Inspector General shall notify the Interagency Committee on Debarment and Suspension and the congressional committees described in subparagraph (G) of the referral. If the Inspector General is unable to determine which agency is the lead agency for purposes of a referral under this subparagraph, the Inspector General shall request the Interagency Committee to resolve the issue of which agency is the lead agency, in accordance with section 873 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 31 U.S.C. 6101 note). ``(B) Covered cases.-- ``(i) A potential suspension or debarment case described in this subparagraph is a case involving a person that is an Afghan national or foreign national or foreign company operating in Afghanistan that has received in the past, is receiving, or may receive in the future, funds from any-- ``(I) covered prime contract; or ``(II) covered subcontract. ``(ii) In this subparagraph: ``(I) The term `covered prime contract' means a prime contract that is a contract described in subsection (i)(2). ``(II) The term `covered subcontract' means a subcontract that is a contract described in subsection (i)(2) under a covered prime contract. ``(C) Acceptance or declination of case.--Not later than 30 days after the date of referral of a suspension or debarment case under subparagraph (A), the lead agency shall-- ``(i) accept or decline the case; and ``(ii) submit to the Inspector General and the Interagency Committee a written notification and rationale for accepting or declining the case. ``(D) Determination by interagency committee if lead agency declines case.--If the lead agency declines to accept a suspension or debarment case referred under subparagraph (A) or fails to respond to the referral, the Interagency Committee shall make a determination, not later than 45 days after the date of the referral of the case under subparagraph (A), regarding whether the Inspector General shall act as lead agency in the case. The Interagency Committee shall submit to the congressional committees described in subparagraph (G) a written notification of the determination. ``(E) Determination by lead agency if lead agency accepts case.--If the lead agency accepts a suspension or debarment case referred under subparagraph (A), the agency shall make a determination, not later than 60 days after the date of the referral of the case under subparagraph (A), to either suspend or debar the person that is the subject of the case or decline to suspend or debar the person. If the lead agency declines to suspend or debar the person, the lead agency shall, not later than 15 days after the determination, submit to the congressional committees described in subparagraph (G) a written notification and rationale for the determination to decline to suspend or debar the person. ``(F) Suspension and debarment authority of inspector general.-- ``(i) In general.--If the Interagency Committee determines under subparagraph (D) that the Inspector General may act as lead agency in a suspension or debarment case referred under subparagraph (A), then the Inspector General (or the Inspector General's designee) may suspend or debar a person from procurement or nonprocurement activities of the Federal Government in accordance with regulations implementing the suspension and debarment system of the Federal Government, including the Federal Acquisition Regulation and the Office of Management and Budget guidelines to agencies on governmentwide debarment and suspension (nonprocurement) in part 180 of title 2 of the Code of Federal Regulations. ``(ii) Exception.--In exercising the authority provided under clause (i), the Inspector General (or the Inspector General's designee) may, with respect to a particular contract, grant, or other procurement or nonprocurement activity, grant an exception that permits a person debarred or suspended pursuant to clause (i) to submit an offer for or be awarded the contract, grant, or other activity. If such an exception is granted, the Inspector General shall submit to the congressional committees described in subparagraph (G) a written notification and rationale for the exception. ``(G) Committees described.--The committees described in this subparagraph are the following: ``(i) The Committees on Foreign Affairs and on Oversight and Government Reform of the House of Representatives. ``(ii) The Committees on Foreign Relations and on Homeland Security and Governmental Affairs of the Senate.''. (b) Definition of Interagency Committee.--Section 1229(m) of such Act (Public Law 110-181; 5 U.S.C. App.) is amended by adding at the end the following new paragraph: ``(3) Interagency committee on debarment and suspension.-- The term `Interagency Committee on Debarment and Suspension' or `Interagency Committee' means the committee constituted under sections 4 and 5 of Executive Order No. 12549.''. (c) Deadline for Publication of Rules.--The Director of the Office of Management and Budget shall publish any interim final rules submitted to the Office to implement the amendments made by this Act in the Federal Register within 30 days after the date of submission. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. COMPTROLLER GENERAL STUDY AND REPORT. (a) Study.--After the termination of the Office of Special Inspector General for Afghanistan Reconstruction under section 1229(o)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 380; 5 U.S.C. App.), the Comptroller General of the United States shall conduct a study on the authority and process provided under section 1229(g)(3) of such Act (as added by section 2 of this Act). (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study carried out under subsection (a), with such recommendations as the Comptroller General considers appropriate with respect to the suspension and debarment system of the Federal Government.", "summary": "Afghanistan Suspension and Debarment Reform Act - Amend the National Defense Authorization Act for Fiscal Year 2008 (the Act) to add to the powers of the Special Inspector General for Afghanistan Reconstruction (Inspector General), who is required to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of funds appropriated by the U.S. government, and of the programs, operations, and contracts carried out using such funds in Afghanistan, in order to prevent and detect waste, fraud, and abuse. Empowers the Inspector General to refer to the lead agency a potential covered case for suspension or debarment of a person from procurement or nonprocurement activities of the federal government. Defines a "covered case" as one involving a person that is an Afghan national or foreign national or foreign company operating in Afghanistan that has received in the past, is receiving, or may receive in the future, funds from any covered prime contract or subcontract. Requires the Inspector General to notify the Interagency Committee on Debarment and Suspension and Congress if such a referral is made. Requires the lead agency, after the referral of such a suspension or debarment case, to accept or decline the case. Requires the Interagency Committee, if the lead agency declines to accept a suspension or debarment case, or fails to respond to the referral, to determine whether the Inspector General shall act as the lead agency. Requires the lead agency, on the other hand, if it accepts a suspension or debarment case, to either suspend or debar the person that is the subject of the case or decline. Authorizes the Inspector General (or designee), if the Interagency Committee determines that the Inspector General may act as lead agency, to suspend or debar the person from federal procurement or nonprocurement activities. Allows the Inspector General (or designee), when exercising such authority, to grant an exception permitting a person otherwise debarred or suspended to submit an offer for or be awarded a particular contract, grant, or procurement or nonprocurement activity. Directs the Comptroller General (GAO), after the termination of the Office of Special Inspector General for Afghanistan Reconstruction, to study the Inspector General authority and the process for determining a lead agency in a suspension or debarment case."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Equality Act of 1998''. SEC. 2. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS. (a) In General.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by striking paragraph (2) and inserting the following: ``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if such child-- ``(i) prior to termination of parental rights and the initiation of adoption proceedings was in the care of a public or licensed private child care agency or Indian tribal organization either pursuant to a voluntary placement agreement (provided the child was in care for not more than 180 days) or as a result of a judicial determination to the effect that continuation in the home would be contrary to the safety and welfare of such child, or was residing in a foster family home or child care institution with the child's minor parent (either pursuant to such a voluntary placement agreement or as a result of such a judicial determination); and ``(ii) has been determined by the State pursuant to subsection (c) to be a child with special needs, which needs shall be considered by the State, together with the circumstances of the adopting parents, in determining the amount of any payments to be made to the adopting parents. ``(B) Notwithstanding any other provision of law, and except as provided in paragraph (7), a child who is not a citizen or resident of the United States and who meets the requirements of subparagraph (A) shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii). ``(C) A child who meets the requirements of subparagraph (A), who was determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).''. (b) Exception.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by adding at the end the following: ``(7)(A) Notwithstanding any other provision of this subsection, no payment may be made to parents with respect to any child that-- ``(i) would be considered a child with special needs under subsection (c); ``(ii) is not a citizen or resident of the United States; and ``(iii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. ``(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for a child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of such child by the parents described in such subparagraph.''. (c) Requirement for Use of State Savings.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)), as amended by subsection (b), is amended by adding at the end the following: ``(8) A State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2) on and after the effective date of the amendment to such paragraph made by section 2(a) of the Adoption Equality Act of 1998 to provide to children or families any service (including post-adoption services) that may be provided under this part or part B.''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 1998. SEC. 3. REDUCTIONS IN PAYMENTS FOR ADMINISTRATIVE COSTS. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) in subsection (a)(7), by striking ``section 1919(g)(3)(B)'' and inserting ``subsection (x) and section 1919(g)(3)(C)''; and (2) by adding at the end the following: ``(x) Adjustments to Payments for Administrative Costs.-- ``(1) Reductions in payments for administrative costs based on determinations of amounts attributable to benefiting programs.-- ``(A) In general.--Subject to paragraph (2), effective for each of fiscal years 1999 through 2002, the Secretary shall reduce, for each such fiscal year, the amount paid under subsection (a)(7) to each State by an amount equal to the amount determined for the medicaid program under section 16(k)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2025(k)(2)(B)). The Secretary shall, to the extent practicable, make the reductions required by this paragraph on a quarterly basis. ``(B) Application.--If the Secretary does not make the determinations required by section 16(k)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2025(k)(2)(B)) by September 30, 1999-- ``(i) during the fiscal year in which the determinations are made, the Secretary shall reduce the amount paid under subsection (a)(7) to each State by an amount equal to the sum of the amounts determined for the medicaid program under section 16(k)(2)(B) of the Food Stamp Act of 1977 for fiscal year 1999 through the fiscal year during which the determinations are made; and ``(ii) for each subsequent fiscal year through fiscal year 2002, subparagraph (A) applies. ``(C) Application of appeal of determinations.--The provisions of section 16(k)(4) of the Food Stamp Act of 1977 (7 U.S.C. 20205(k)(4)) apply to reductions in payments under this subsection in the same manner as they apply to reductions under section 16(k) of that Act. ``(2) Bonus payment for program alignment.-- ``(A) In general.-- ``(i) Amount.--In addition to any other payment made under this title to a State for a fiscal year, the Secretary shall pay to each State that satisfies the requirements of clause (ii) a portion of the amount by which-- ``(I) any decrease in Federal outlays for amounts paid under subsection (a)(7) with respect to the State for the fiscal year as a result of the application of paragraph (1), as determined by the Congressional Budget Office, exceeds ``(II) any increase in Federal outlays with respect to the State for the fiscal year as a result of the application of section 473(a), as amended by section 2 of the Adoption Equality Act of 1998, as determined by the Congressional Budget Office. ``(ii) Requirements.--A State satisfies the requirements of this clause if the Secretary determines that-- ``(I) the State's income and resource eligibility rules under section 1931, taking into account the income standards and methodologies applied by the State, are not more restrictive than the income and resource eligibility rules applied by the State for the temporary assistance to needy families program funded under part A of title IV (other than for a welfare-to-work program funded under section 403(a)(5)); and ``(II) the State assures the Secretary that families applying for assistance under the temporary assistance to needy families program funded under part A of title IV (other than families applying solely for assistance under a welfare-to-work program funded under section 403(a)(5)) may apply for medical assistance under the State plan under this title without having to submit a separate application for such medical assistance. ``(B) Construction.--Nothing in subparagraph (A) shall be construed as-- ``(i) affecting the application of section 1931; ``(ii) affecting any application requirements established under this title or by regulation promulgated under the authority of this title, including the requirements established under section 1902(a)(8); or ``(iii) conditioning the right of an individual to apply for medical assistance under the State plan under this title upon an application for assistance under any State program funded under part A of title IV. ``(3) Allocation of administrative costs.-- ``(A) In general.--No funds or expenditures described in subparagraph (B) may be used to pay for costs-- ``(i) eligible for reimbursement under subsection (a)(7) (or costs that would have been eligible for reimbursement but for this subsection); and ``(ii) allocated for reimbursement to the medicaid program under a plan submitted by a State to the Secretary to allocate administrative costs for public assistance programs. ``(B) Funds and expenditures.--Subparagraph (A) applies to-- ``(i) funds made available to carry out part A of title IV or title XX; ``(ii) expenditures made as qualified State expenditures (as defined in section 409(a)(7)(B)); ``(iii) any other Federal funds (except funds provided under subsection (a)(7)); and ``(iv) any other State funds that are-- ``(I) expended as a condition of receiving Federal funds; or ``(II) used to match Federal funds under a Federal program other than the medicaid program.''. (b) Copies of Report on Review of Methodology Used To Make Certain Determinations.--Section 502(b)(2) of the Agricultural Research, Extension, and Education Reform Act of 1998 (Public Law 105-185; 112 Stat. 523) is amended by inserting ``, the Committee on Commerce of the House of Representatives, the Committee on Finance of the Senate,'' after ``Representatives''.", "summary": "Adoption Equality Act of 1998 - Amends title IV part E (Federal Payments for Foster Care and Adoption Assistance) of the Social Security Act (SSA) to revise adoption assistance eligibility guidelines for children with special needs. (Sec. 2) Makes eligible for such assistance only children with special needs who before termination of parental rights and the initiation of adoption proceedings were: (1) in the care of a public or licensed private child care agency or Indian tribal organization, either pursuant to a voluntary placement agreement (provided the child was in care for not more than 180 days), or as a result of a judicial determination to the effect that continuation in the home would be contrary to the child's safety and welfare; or (2) residing in a foster family home or child care institution with the child's minor parent. Requires a State to consider such special needs, together with the circumstances of the adopting parents, in determining the amount of Federal adoption subsidies paid to them. Prohibits assistance with respect to any child who is not a U.S. citizen or resident and who was adopted outside the United States or was brought into it for adoption purposes. (Sec. 3) Prescribes guidelines under which the Secretary of Health and Human Services shall reduce, for specified fiscal years, Federal payments to the States for administrative costs based on determinations of amounts attributable to the Medicaid program under the Food Stamp Act of 1977. Requires the Secretary to make a bonus payment to any State: (1) whose income and eligibility rules are not more restrictive than the income and resource eligibility rules applied by the State for the temporary assistance to needy families (TANF) program funded under SSA title IV part A; and (2) which assures the Secretary that families applying for TANF may apply for Medicaid under SSA title XIX."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Historically Women's Public Colleges or Universities Historic Building Restoration and Preservation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Historically women's public college or university.--The term ``historically women's public college or university'' means a public institution of higher education created in the United States between 1836 and 1908 to provide industrial education for women, including the institutions listed in clauses (i) though (viii) of section 3(d)(2)(A). (2) Historic building or structure.--The term ``historic building or structure'' means a building or structure listed (or eligible to be listed) on the National Register of Historic Places, designated as a National Historic Landmark, or located within a designated historic district. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AND STRUCTURES AT HISTORICALLY WOMEN'S PUBLIC COLLEGES OR UNIVERSITIES. (a) Authority To Make Grants.-- (1) In general.--From amounts made available under paragraph (2), the Secretary shall award grants in accordance with this section to historically women's public colleges or universities for the preservation and restoration of historic buildings and structures on their campuses. (2) Source of funding.--Grants under paragraph (1) shall be awarded from amounts appropriated to carry out the National Historic Preservation Act (16 U.S.C. 470 et seq.) for fiscal years 2001 through 2005. (b) Grant Conditions.--Grants made under subsection (a) shall be subject to the condition that the grantee agree, for the period of time specified by the Secretary, that-- (1) no alteration will be made in the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access to the property for which the grant is made will be permitted by the grantee for interpretive and educational purposes. (c) Matching Requirement for Buildings and Structures Listed on the National Register of Historic Places.-- (1) In general.--Except as provided by paragraph (2), the Secretary may obligate funds made available under this section for a grant with respect to a building or structure listed on the National Register of Historic Places, designated as a National Historic Landmark, or located within a designated historic district, only if the grantee agrees to provide for activities under the grant, from funds derived from non-Federal sources, an amount equal to 50 percent of the costs of the program to be funded under the grant with the Secretary providing 50 percent of such costs under the grant. (2) In-kind contributions.--In addition to cash outlays and payments, in-kind contributions of property or personnel services by non-Federal interests may be used for the non- Federal share of costs required by paragraph (1). (d) Funding Provisions.-- (1) Amounts to be made available.--Not more than $16,000,000 for each of the fiscal years 2001 through 2005 may be made available under this section. (2) Allocations for fiscal year 2001.-- (A) In general.--Of the amounts made available under this section for fiscal year 2001, there shall be available only for grants under subsection (a) $2,000,000 for each of the following: (i) Mississippi University for Women in Colombus, Mississippi. (ii) Georgia College and State University in Milledgeville, Georgia. (iii) University of North Carolina in Greensboro, North Carolina. (iv) Winthrop University in Rock Hill, South Carolina. (v) University of Montevallo in Montevallo, Alabama. (vi) Texas Woman's University in Denton, Texas. (vii) University of Science and Arts of Oklahoma in Chickasha, Oklahoma. (viii) Wesleyan College in Macon, Georgia. (B) Less than $16,000,000 available.--If less than $16,000,000 is made available under this section for fiscal year 2001, then the amount made available to each of the institutions listed in subparagraph (A) shall be reduced by the same amount. (3) Allocations for fiscal years 2002-2005.--Any funds which are made available during fiscal years 2002 through 2005 under subsection (a)(2) shall be distributed by the Secretary in accordance with the provisions of subparagraphs (A) and (B) of paragraph (2) to those grantees named in paragraph (2)(A) which remain eligible and desire to participate, on a uniform basis, in such fiscal years. (e) Regulations.--The Secretary shall promulgate such regulations as are necessary to carry out this Act. Passed the House of Representatives October 3, 2000. Attest: Clerk.", "summary": "Sets forth: (1) grant conditions; (2) a 50 percent non-Federal funds matching requirement, including in- kind contributions; and (3) a limitation on the total amount of such grants in a fiscal year. Requires such amount for FY 2001 to be distributed equally among the following institutions: (1) Mississippi University for Women; (2) Georgia College and State University; (3) University of North Carolina at Greensboro, North Carolina; (4) Winthrop University in Rock Hill, South Carolina; (5) University of Montevallo in Montevallo, Alabama; (6) Texas Woman's University in Denton, Texas; (7) University of Science and Arts of Oklahoma in Chickasha, Oklahoma; and (8) Wesleyan College in Macon, Georgia. Requires such amounts for FY 2002 through 2005 also to be distributed among such institutions if they remain eligible and wish to participate, on a uniform basis, for such fiscal years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Communities Investment Act of 1999''. SEC. 2. COMMUNITY DEVELOPMENT LOAN GUARANTEES. (a) Maximum Amount of Outstanding Guarantees for a Single Issuer.-- Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is amended by striking subsection (b) and inserting the following new subsection: ``(b) Maximum Amount of Outstanding Guarantees.--The maximum aggregate outstanding amount of notes and obligations of a single issuer guaranteed under this section shall be an amount determined by the Secretary based on the amount of the grant approval for the issuer under section 106 or 107, the fiscal condition of the issuer, and the potential return on investment of the projects to be undertaken with the proceeds of such notes and obligations, but may not in any case exceed the discounted present value of the grants that the issuer would receive over a period not to exceed 20 years if the issuer's annual grant amount over such period were equal to 80 percent of the current grant approval for the issuer.''. (b) Stakeholder Participation.--Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is amended by adding at the end the following new subsection: ``(s) Stakeholder Participation.-- ``(1) Requirement.--The Secretary shall provide that an issuer of notes or obligations under this section shall, in complying with any community participation requirements (including the requirements under section 104(a)) applicable to the development of activities to be funded with the proceeds of such notes or obligations guaranteed under this section, include participation of major stakeholders in the community in which such activities will be carried out. ``(2) Definition.--For purposes of this subsection, the term `stakeholder' means a public or private organizational entity whose future well-being depends upon the applicant's continued social and economic viability, and includes the representatives of the following community interests: ``(A) Business. ``(B) Banking. ``(C) Education. ``(D) Public health and safety. ``(E) Labor. ``(F) Community-based development organizations. ``(G) Arts, cultural, religious, philanthropic, professional, and civic organizations.''. SEC. 3. COLLATERAL FOR FHLB ADVANCES. Section 10(a)(4) of the Federal Home Loan Bank Act (12 U.S.C. 1430(a)(4)) is amended by striking the second sentence. SEC. 4. AUTHORITY TO MAKE ADVANCES TO NONMEMBER MORTGAGEES. Section 10b of the Federal Home Loan Bank Act (12 U.S.C. 1430b) is amended to read as follows: ``SEC. 10B. ADVANCES TO NONMEMBER MORTGAGEES. ``(a) Authority.--Each Federal home loan bank may make advances to a nonmember mortgagee, except that such advances may be used only for community lending (as such term is defined in section 10(k)). ``(b) Nonmember Mortgagee Defined.--For purposes of subsection (a), the term `nonmember mortgagee' means any entity-- ``(1) that is-- ``(A) a State or local housing finance agency or Indian housing authority (including any subsidiary of such agency or authority) approved under title II of the National Housing Act, which-- ``(i) is a chartered institution having succession; and ``(ii) is subject to the inspection and supervision of a governmental agency; ``(B) a community development financial institution that-- ``(i) is not an insured depository institution or a subsidiary of an insured depository institution; and ``(ii) at the time an advance under this section is made, is certified as a community development financial institution under the Community Development Banking and Financial Institutions Act of 1994; and ``(iii) is a chartered institution having succession; or ``(C) a State or local economic development agency that-- ``(i) is chartered under State law; and ``(ii) is an institution having succession; and ``(2) whose principal activity in the mortgage field consists of lending the institution's own funds. ``(c) Security.--Advances under subsection (a) shall be secured in accordance with the requirements of section 10. ``(d) Terms and Conditions.--Advances made under this section shall be made at the same rates of interest and upon the same terms and conditions as are comparable extensions of credit to member institutions.''. SEC. 5. COMMUNITY LENDING FUND. Section 10 of the Federal Home Loan Bank Act (12 U.S.C. 1430) is amended by adding at the end the following new subsection: ``(k) Community Lending Fund.-- ``(1) In general.--Subject to regulations prescribed by the Board to carry out this subsection, each Federal home loan bank shall establish a Community Lending Fund, which the bank shall use to facilitate community lending by its members and nonmember mortgagees. ``(2) Use of assets of community lending funds.--A bank may use amounts in its Community Lending Fund only to provide grants, subsidies, and subsidized advances to its members and nonmember mortgagees for use for community lending activities. ``(3) Low- and moderate-income targeting.--Not less than 70 percent of the aggregate amount of assistance provided by a bank from a Community Lending Fund shall be used for the support of community lending activities that benefit low- and moderate-income persons. ``(4) Local priorities.--Each bank-- ``(A) shall give priority for assistance from the Community Lending Fund of the bank for projects located in empowerment zones and enterprise communities designated under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986 (26 U.S.C. 1391 et seq.); and ``(B) may establish such other priorities for the types of projects to receive assistance from the Community Lending Fund of the bank as the bank considers appropriate, and to which the Board shall defer, if such priorities are consistent with the safety and soundness of the bank and the provisions of this subsection. . ``(5) Coordination of activities.--The Board shall require the banks, to the extent practicable, to coordinate their activities pursuant to this subsection with any other State or Federal programs intended to facilitate community lending. ``(6) Report.--Each member and nonmember mortgagee receiving advances or assistance from a Community Lending Fund established by a bank shall report annually to the bank regarding the use of such advances or assistance. ``(7) Contribution to fund.--Each bank shall annually contribute 10 percent of the net earnings of that bank (after deducting expenses related to section 10(j) and operating expenses) to its Community Lending Fund. Each bank may contribute additional moneys to the Fund, and may accept for deposit into the Fund moneys from other parties. ``(8) Suspension of contributions.-- ``(A) In general.-- If a bank finds that the payments required under paragraph (7) are contributing to the financial instability of such bank, it may apply to the Board for a temporary suspension of such payments. The Board shall make a determination of whether the bank is financially unstable and whether such payments are contributing to such instability, and [may/shall] suspend such bank's payments to its Community Lending Fund if finds in the affirmative with respect to both such questions. ``(B) Factors to be considered.--In determining the financial stability of a bank for purposes of this paragraph, the Board shall consider such factors as-- ``(i) whether the bank's earnings are severely depressed; ``(ii) whether there has been a substantial decline in membership capital; and ``(iii) whether there has been a substantial reduction in advances outstanding. ``(C) Review of applications.--The Board shall review any application under this paragraph and any supporting financial data and issue a written decision approving or disapproving such application. The Board's decision shall be accompanied by specific findings and reasons for its action. ``(D) Designation of suspension period.--If the Board grants a suspension, it shall specify the period of time that such suspension shall remain in effect and shall continue to monitor the bank's financial condition during such suspension. ``(E) Suspensions prohibited under certain circumstances.--The Board shall not suspend payment to the Community Lending Fund of a bank if the bank's reduction in earnings is a result of-- ``(i) a change in the terms for advances to members which is not justified by market conditions; ``(ii) inordinate operating and administrative expenses; or ``(iii) mismanagement. ``(9) Regulations.-- ``(A) In general.--Not later than 1 year after the date of the enactment of this Act, the Board shall prescribe regulations to implement this subsection. ``(B) Limitations, restrictions, and other requirements.--Subject to the requirements of this subsection, such regulations-- ``(i) may specify activities, restrictions, and limitations for the use by the banks of amounts from Community Lending Funds; ``(ii) may specify priorities for the use of such advances; ``(iii) shall ensure that assistance provided from a Community Lending Fund will be used only for community lending to assist projects for which adequate long-term monitoring is available to guarantee requirements established pursuant to this subsection are satisfied; ``(iv) shall ensure that any subsidies provided under this subsection by Banks to member institutions and nonmember mortgagees are passed on to the ultimate borrower; ``(v) shall specify standards for determining benefit for low- and moderate- income persons, for purposes of paragraph (3); and ``(vi) shall establish uniform standards for assistance from Community Lending Funds and community lending by member institutions and nonmember mortgagees supported by such assistance. ``(10) Advisory council.--Each bank shall appoint an Advisory Council of 7 to 15 persons drawn from stakeholders (as such term is defined in section 108(s) of the Housing and Community Development Act of 1974 (42 U.S.C. 5308(s)) in its district. The Advisory Council shall meet with representatives of the board of directors of the Bank quarterly to advise the Bank on community lending needs in the district and on the utilization of the Community Lending Fund of the bank for meeting such needs. Each Advisory Council established under this paragraph shall submit to the Board at least annually its analysis of the community lending activities carried out with amounts from the Community Lending Fund of the bank by which the Committee is appointed. ``(11) Reports to congress.-- ``(A) The Board shall monitor and annually submit a report to the Congress and the Advisory Council for each bank the support of community lending by the banks and the utilization of amounts from Community Lending Funds. ``(B) The analyses submitted by the Advisory Councils to the Board under paragraph (10) shall be included as part of the reports required by this paragraph. ``(C) The Comptroller General of the United States shall audit and evaluate the program under this subsection after such program has been operating for 2 years. The Comptroller General shall submit a report to the Congress on the conclusions of the audit and recommend improvements or modifications to the program. ``(12) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Community lending.--The term `community lending' means providing financing for activities that meet the requirements for eligibility, under section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305), for assistance with amounts for grants under title I of such Act. ``(B) Low- and moderate-income persons.--The term `low- and moderate-income persons has the meaning given such term in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). ``(C) Nonmember mortgage.--The term `nonmember mortgagee' has the meaning given such term in section 10B(b) of this Act.''. (b) Funding for Community Lending Funds.--Section 21B(f)(2)(C) of the Federal Home Loan Bank Act (12 U.S.C. 1441b(f)(2)(C)) is amended to read as follows: ``(C) Payments by federal home loan banks.-- ``(i) Refcorp funding.--To the extent that the amounts available pursuant to subparagraphs (A) and (B) are insufficient to cover the amount of interest payments, each Federal home loan bank shall pay to the Funding Corporation in each calendar year, 10 percent of the net earnings of that bank (after deducting expenses relating to section 10(j) and operating expenses). ``(ii) Annuity value.--The Board shall annually determine the extent to which the value of the aggregate amounts paid by the banks exceeds or falls short of the value of an annuity of $300,000,000 per year that commences on the issuance date and ends on the final scheduled maturity date of the obligations, and shall select appropriate present value factors for making such determinations. ``(iii) Adjustment of period of banks' obligations.--The Board shall extend or shorten the term of the banks' payment obligations under this subparagraph, as necessary to ensure that the value of all payments made by the banks under this paragraph is equivalent to the value of such an annuity. ``(iv) Extension of period beyond maturity dates of underlying obligations.--If the Board extends the term of payments beyond the final scheduled maturity date for the obligations, each bank shall continue to pay 10 percent of its net earnings (after deducting expenses relating to section 10(j) and operating expenses) to the general fund of the Treasury until the value of all such payments by the banks is equivalent to the value of such an annuity. ``(v) Final year adjustment.--In the final year in which the banks are required to make any payment to the general fund of the Treasury under clause (iv), if the dollar amount represented by 10 percent of the net earnings of the banks exceeds the remaining obligation of the banks to the Treasury, the Finance Board shall reduce the percentage pro rata to a level sufficient to pay the remaining obligation.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall become effective on January 1, 2000.", "summary": "Amends the Federal Home Loan Bank Act to set forth parameters within which: (1) Federal home loan banks may make advances to a nonmember mortgagee for community lending purposes; and (2) each Federal home loan bank shall establish a Community Lending Fund to facilitate community lending by its members and nonmember mortgagees."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Judicial Administration and Technical Amendments Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Change in composition of divisions of western district of Tennessee. Sec. 3. Supplemental attendance fee for petit jurors serving on lengthy trials. Sec. 4. Authority of district courts as to a jury summons. Sec. 5. Public drawing specifications for jury wheels. Sec. 6. Assessment of court technology costs. Sec. 7. Repeal of obsolete provision in the bankruptcy code relating to certain dollar amounts. Sec. 8. Investment of court registry funds. Sec. 9. Magistrate judge participation at circuit conferences. Sec. 10. Selection of chief pretrial services officers. Sec. 11. Attorney case compensation maximum amounts. Sec. 12. Expanded delegation authority for reviewing Criminal Justice Act vouchers in excess of case compensation maximums. Sec. 13. Repeal of obsolete cross-references to the Narcotic Addict Rehabilitation Act. Sec. 14. Conditions of probation and supervised release. Sec. 15. Contracting for services for pretrial defendants and post- conviction supervision offenders. Sec. 16. Judge members of U.S. Sentencing Commission. Sec. 17. Penalty for failure to appear for jury summons. Sec. 18. Place of holding court for the District of Minnesota. Sec. 19. Penalty for employers who retaliate against employees serving on jury duty. SEC. 2. CHANGE IN COMPOSITION OF DIVISIONS OF WESTERN DISTRICT OF TENNESSEE. (a) In General.--Section 123(c) of title 28, United States Code, is amended-- (1) in paragraph (1)-- (A) by inserting ``Dyer,'' after ``Decatur,''; and (B) in the last sentence by inserting ``and Dyersburg'' after ``Jackson''; and (2) in paragraph (2)-- (A) by striking ``Dyer,''; and (B) in the second sentence, by striking ``and Dyersburg''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of enactment of this Act. (2) Pending cases not affected.--The amendments made by this section shall not affect any action commenced before the effective date of this section and pending in the United States District Court for the Western District of Tennessee on such date. (3) Juries not affected.--The amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving in the United States District Court for the Western District of Tennessee on the effective date of this section. SEC. 3. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON LENGTHY TRIALS. (a) In General.--Section 1871(b)(2) of title 28, United States Code, is amended by striking ``thirty'' in each place it occurs and inserting ``ten''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2009. SEC. 4. AUTHORITY OF DISTRICT COURTS AS TO A JURY SUMMONS. Section 1866(g) of title 28, United States Code, is amended in the first sentence-- (1) by striking ``shall'' and inserting ``may''; and (2) by striking ``his''. SEC. 5. PUBLIC DRAWING SPECIFICATIONS FOR JURY WHEELS. (a) Drawing of Names From Jury Wheel.--Section 1864(a) of title 28, United States Code, is amended-- (1) in the first sentence, by striking ``publicly''; and (2) by inserting ``The clerk or jury commission shall post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn.'' after the first sentence. (b) Selection and Summoning of Jury Panels.--Section 1866(a) of title 28, United States Code, is amended-- (1) in the second sentence, by striking ``publicly''; and (2) by inserting ``The clerk or jury commission shall post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn.'' after the second sentence. (c) Technical and Conforming Amendment.--Section 1869 of title 28, United States Code, is amended-- (1) in subsection (j), by adding ``and'' at the end; (2) by striking subsection (k); and (3) by redesignating subsection (l) as subsection (k). SEC. 6. ASSESSMENT OF COURT TECHNOLOGY COSTS. Section 1920 of title 28, United States Code, is amended-- (1) in paragraph (2), by striking ``of the court reporter for all or any part of the stenographic transcript'' and inserting ``for printed or electronically recorded transcripts''; and (2) in paragraph (4), by striking ``copies of papers'' and inserting ``the costs of making copies of any materials where the copies are''. SEC. 7. REPEAL OF OBSOLETE PROVISION IN THE BANKRUPTCY CODE RELATING TO CERTAIN DOLLAR AMOUNTS. Section 104 of title 11, United States Code, is amended-- (1) by striking subsection (a); (2) by redesignating subsection (b)(1) as subsection (a) and subparagraphs (A) and (B) of that subsection as paragraphs (1) and (2), respectively; (3) by redesignating subsection (b)(2) as subsection (b); (4) by redesignating subsection (b)(3) as subsection (c); and (5) in subsection (c) (as redesignated by paragraph (4) of this section), by striking ``paragraph (1)'' and inserting ``subsection (a)''. SEC. 8. INVESTMENT OF COURT REGISTRY FUNDS. (a) In General.--Chapter 129 of title 28, United States Code, is amended by inserting after section 2044 the following: ``Sec. 2045. Investment of court registry funds ``(a) The Director of the Administrative Office of the United States Courts, or the Director's designee under subsection (b), may request the Secretary of the Treasury to invest funds received under section 2041 in public debt securities with maturities suitable to the needs of the funds, as determined by the Director or the Director's designee, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. ``(b) The Director may designate the clerk of a court described in section 610 to exercise the authority conferred by subsection (a).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 129 of title 28, United States Code, is amended by adding at the end the following: ``2045. Investment of court registry funds.''. SEC. 9. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT CONFERENCES. Section 333 of title 28, United States Code, is amended in the first sentence by inserting ``magistrate,'' after ``district,''. SEC. 10. SELECTION OF CHIEF PRETRIAL SERVICES OFFICERS. Section 3152 of title 18, United States Code, is amended by striking subsection (c) and inserting the following: ``(c) The pretrial services established under subsection (b) of this section shall be supervised by a chief pretrial services officer appointed by the district court. The chief pretrial services officer appointed under this subsection shall be an individual other than one serving under authority of section 3602 of this title.''. SEC. 11. ATTORNEY CASE COMPENSATION MAXIMUM AMOUNTS. Section 3006A(d)(2) of title 18, United States Code, is amended by adding ``The compensation maximum amounts provided in this paragraph shall increase simultaneously by the same percentage, rounded to the nearest multiple of $100, as the aggregate percentage increases in the maximum hourly compensation rate paid pursuant to paragraph (1) for time expended since the case maximum amounts were last adjusted.'' at the end. SEC. 12. EXPANDED DELEGATION AUTHORITY FOR REVIEWING CRIMINAL JUSTICE ACT VOUCHERS IN EXCESS OF CASE COMPENSATION MAXIMUMS. (a) Waiving Maximum Amounts.--Section 3006A(d)(3) of title 18, United States Code, is amended in the second sentence by inserting ``or senior'' after ``active''. (b) Services Other Than Counsel.--Section 3006A(e)(3) of title 18, United States Code, is amended in the second sentence by inserting ``or senior'' after ``active''. (c) Counsel for Financially Unable Defendants.--Section 3599(g)(2) of title 18, United States Code, is amended in the second sentence by inserting ``or senior'' after ``active''. SEC. 13. REPEAL OF OBSOLETE CROSS-REFERENCES TO THE NARCOTIC ADDICT REHABILITATION ACT. Section 3161(h) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking subparagraphs (B) and (C); and (B) by redesignating subparagraphs (D) through (J) as subparagraphs (B) through (H), respectively; (2) by striking paragraph (5); and (3) by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively. SEC. 14. CONDITIONS OF PROBATION AND SUPERVISED RELEASE. (a) Conditions of Probation.--Section 3563(a)(2) of title 18, United States Code, is amended by striking ``(b)(2), (b)(3), or (b)(13),'' and inserting ``(b)(2) or (b)(12), unless the court has imposed a fine under this chapter, or''. (b) Supervised Release After Imprisonment.--Section 3583(d) of title 18, United States Code, is amended by striking ``section 3563(b)(1)'' and all that follows through ``appropriate.'' and inserting ``section 3563(b) and any other condition it considers to be appropriate, provided, however that a condition set forth in subsection 3563(b)(10) shall be imposed only for a violation of a condition of supervised release in accordance with section 3583(e)(2) and only when facilities are available.''. (c) Technical and Conforming Amendment.--Section 3563(b)(10) of title 18, United States Code, is amended by inserting ``or supervised release'' after ``probation''. SEC. 15. CONTRACTING FOR SERVICES FOR PRETRIAL DEFENDANTS AND POST- CONVICTION SUPERVISION OFFENDERS. (a) Pretrial Service Functions.--Section 3154(4) of title 18, United States Code, is amended by inserting ``, and contract with any appropriate public or private agency or person, or expend funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required'' before the period. (b) Duties of Director of Administrative Office of the United States Courts.--Section 3672 of title 18, United States Code, is amended in the seventh undesignated paragraph-- (1) in the third sentence, by striking ``negotiate and award such contracts'' and inserting ``negotiate and award contracts identified in this paragraph''; and (2) in the fourth sentence, by inserting ``to expend funds or'' after ``He shall also have the authority''. SEC. 16. JUDGE MEMBERS OF U.S. SENTENCING COMMISSION. Section 991(a) of title 28, United States Code, is amended in the third sentence by striking ``Not more than'' and inserting ``At least''. SEC. 17. PENALTY FOR FAILURE TO APPEAR FOR JURY SUMMONS. (a) Section 1864 Summons.--Section 1864(b) of title 28, United States Code, is amended by striking ``$100 or imprisoned not more than three days, or both.'' each place it appears and inserting ``$1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.''. (b) Section 1866 Summons.--Section 1866(g) of title 28, United States Code, is amended by striking ``$100 or imprisoned not more than three days, or both.'' and inserting ``$1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.''. SEC. 18. PLACE OF HOLDING COURT FOR THE DISTRICT OF MINNESOTA. Section 103(6) of title 28, United States Code, is amended in the second sentence by inserting ``and Bemidji'' before the period. SEC. 19. PENALTY FOR EMPLOYERS WHO RETALIATE AGAINST EMPLOYEES SERVING ON JURY DUTY. Section 1875(b)(3) of title 28, United States Code, is amended by striking ``$1,000 for each violation as to each employee.'' and inserting ``$5,000 for each violation as to each employee, and may be ordered to perform community service.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Judicial Administration and Technical Amendments Act of 2008 - (Sec. 2) Amends the federal judicial code to: (1) move Dyer County from the Western Division to the Eastern Division of the Western Judicial District of Tennessee; and (2) make Dyersburg a site where the Court for the Eastern Division shall be held. (Sec. 3) Reduces from 30 days to 10 days the minimum length of time a petit juror must serve on a trial before the court may pay a supplemental attendance fee. (Sec. 4) Changes from a requirement to discretionary the authority of the district court to order any person summoned for jury service who fails to appear as directed to appear forthwith and show cause for failure to comply with the summons. (Sec. 5) Requires the clerk or jury commission to post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn from the master jury wheel. (Sec. 6) Revises the items for which a judge or clerk of any court of the United States may tax as costs to specify: (1) printed or electronically recorded transcripts (currently, stenographic transcripts); and (2) copies of any materials (currently, papers) where the copies are necessarily obtained for use in the case. (Sec. 7) Repeals obsolete provisions in the bankruptcy code relating to certain dollar amounts. (Sec. 8) Authorizes the Director of the Administrative Office of the United States Courts, or a designated clerk of court, to request the Secretary of the Treasury to invest court registry funds in interest-bearing public debt securities. (Sec. 9) Authorizes magistrate judge participation at circuit conferences. (Sec. 10) Amends the federal criminal code to repeal the requirement that a chief pretrial services officer be selected by a panel consisting of the chief judge of the circuit, the chief judge of the district, and a magistrate judge of the district or their designees. Requires, instead, that the chief pretrial services officer be appointed by the district court. (Sec. 11) Requires indexing, according to a specified formula, of the maximum amount of compensation payable to attorneys for representing defendants. (Sec. 12) Expands delegation authority for reviewing and approving Criminal Justice Act vouchers in excess of case compensation maximums for: (1) representation of defendants; (2) services other than counsel; or (3) service as counsel for financially unable defendants. Authorizes the chief judge of the circuit to delegate such approval authority to a senior circuit judge (as well as to an active circuit court judge, as under current law). (Sec. 13) Repeals obsolete cross-references to the Narcotic Addict Rehabilitation Act in speedy trial requirements. (Sec. 14) Makes technical and conforming amendments to the federal criminal code with respect to conditions of probation and supervised release after imprisonment. (Sec. 15) Includes among pretrial services functions contracting with any appropriate public or private agency or person, or expending funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required. (Sec. 16) Amends the federal judicial code to require at least (currently, not more than) three members of the United States Sentencing Commission to be federal judges. Thus allows more than three members of the Commission to be federal judges.) (Sec. 17) Increases from $100 to $1,000 the monetary penalty for failure to appear for a jury summons. Authorizes the court to order community service as a penalty as well. (Sec. 18) Requires court for the Sixth Division of the Minnesota Judicial District to be held at Bemidji (as well as at Fergus Falls, as under current law). (Sec. 19) Increases from $1,000 to $5,000 the monetary penalty for employers who retaliate against employees serving on jury duty. Authorizes the court to order community service as a penalty as well."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Investments in America's Cities Act''. SEC. 2. MODIFICATION OF EB-5 VISA PROGRAM. Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) is amended by adding at the end the following: ``(E) Set-aside for economically distressed urban areas.-- ``(i) In general.--Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants seeking to invest in a new commercial enterprise described in subparagraph (A) which will create employment in an economically distressed urban area and-- ``(I) with respect to which such alien or a relative of that alien has invested or, is actively in the process of investing, in that new enterprise, capital in an amount not less than the amount specified in clause (ii); ``(II) with respect to which such alien has completed an investment agreement with a qualified venture capital operating company for an investment in that new enterprise of an amount not less than the amount specified in clause (ii); or ``(III) with respect to which such alien has completed an investment agreement with one or more angel investors for an investment in that new enterprise of an amount not less than the amount specified in clause (ii). ``(ii) Capital amount required.--The amount of capital specified in this clause is $250,000. To account for inflation, the Secretary of Homeland Security may by rule adjust the amount of capital specified in this clause. ``(iii) Definitions.--In this subparagraph: ``(I) Angel investor.--The term `angel investor' means, with respect to a qualified immigrant, an individual who-- ``(aa) is an accredited investor (as defined in section 230.501(a) of title 17, Code of Federal Regulations (as in effect on April 1, 2010)); ``(bb) is a United States citizen or an alien lawfully admitted to the United States for permanent residence; and ``(cc) has made at least 2 equity investments of not less than $50,000 in each of the 3 years before the date of a petition by the qualified immigrant for classification under this paragraph. ``(II) Economically distressed urban area.--The term `economically distressed urban area' means, at the time a petition for classification under this paragraph is filed the following: ``(aa) A city that has an average unemployment rate of not less than 150 percent of the national average rate for the preceding year. ``(bb) Any principal city for a Metropolitan Statistical Area, as defined by the Office of Management and Budget. ``(III) Qualified venture capital operating company.--The term `qualified venture capital operating company' means an entity that-- ``(aa) is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.); or ``(bb) is an investment company, as defined in subsection (a)(1) of section 3 of such Act (15 U.S.C. 80a-3), that is exempt from registration under subsection (c)(1) or (c)(7) of such section, and is not registered. ``(IV) Relative.--The term `relative' means, with respect to a qualified immigrant-- ``(aa) a spouse; ``(bb) a sibling; ``(cc) a child; ``(dd) a parent; ``(ee) an aunt or uncle; ``(ff) a first cousin; or ``(gg) a grandparent.''. SEC. 3. EXPEDITED PROCESSING FOR CERTAIN EB-5 INVESTORS. Section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)) is amended by adding at the end the following: ``In the case of a petition filed under section 204(a)(1)(H) for classification under section 203(b)(5)(E), the petitioner shall be guaranteed of a decision on the petition in 60 days or less.''. SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on the EB-5 Visa Program authorized under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)). (b) Contents.--The report described in subsection (a) shall include information regarding-- (1) the number of immigrant entrepreneurs who have received a visa under such visa program, listed by country of origin; (2) the localities in which such immigrant entrepreneurs have initially settled; (3) whether such immigrant entrepreneurs generally remain in the localities in which they initially settle; (4) the types of commercial enterprises that such immigrant entrepreneurs have established; and (5) the types and number of jobs created by such immigrant entrepreneurs.", "summary": "Global Investments in America's Cities Act - Amends the Immigration and Nationality Act to set aside at least 3,000 employment creation immigrant visas each fiscal year for qualified immigrants seeking to invest in a new commercial enterprise which will create employment in an economically distressed urban area and with respect to which such alien: (1) has invested at least $250,000; (2) has completed an investment agreement with a qualified venture capital operating company for an investment of at least $250,000; or (3) has completed an investment agreement with one or more angel investors for an investment of at least $250,000. Requires petitions for such immigrant visas to be decided within 60 days. Directs the Government Accountability Office (GAO) to report to Congress on the EB-5 visa program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring the 10th Amendment Act''. SEC. 2. FINDINGS. The Congress finds: (1) The 10th Amendment to the Constitution of the United States (referred to in this Act as the ``10th Amendment''), ratified on December 15, 1791, provides, ``The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.''. (2) The 10th Amendment expressly limits the powers of the Federal Government to those delegated by the Constitution and reaffirms and protects the freedom of the States to exercise those that are not. (3) The 10th Amendment reflects the opposition of the Founding Fathers to a Federal Government with expansive powers, their intention for the powers of the States to act as a check on those of the Federal Government, and their concern that the Federal Government would attempt to usurp powers intended to remain with the States. (4) James Madison, in The Federalist No. 45, wrote, ``The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.''. (5) The Supreme Court, in United States v. Sprague, 282 U.S. 716 (1931), noted, ``The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people.''. (6) The Supreme Court, in Fry v. United States, 421 U.S. 542 (1975), also noted, ``The Amendment expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the States' integrity or their ability to function effectively in a federal system.''. (7) The Executive departments and agencies of the Federal Government often promulgate regulations contrary to the spirit and letter of the 10th Amendment. (8) The 10th Amendment assures that the people of the United States, and each sovereign State in the Union of States, have, and have always had, rights that the Federal Government may not usurp. (9) Congress has the responsibility to safeguard the 10th Amendment and to recognize that it is as vital and valuable today as on the date of its ratification. SEC. 3. SPECIAL STANDING FOR CERTAIN STATE OFFICIALS TO CHALLENGE FEDERAL RULEMAKING AS A VIOLATION OF THE 10TH AMENDMENT. (a) Definitions.--In this section-- (1) the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code; (2) the term ``designated State official'' means, with respect to a State-- (A) the chief executive of the State; (B) the lieutenant governor or equivalent officer of the State; (C) the chief legal officer of the State; or (D) a legislative leader of the State; (3) the term ``legislative leader'' means a speaker, majority leader, or minority leader, of a State legislature or any House thereof; and (4) the term ``rule'' has the meaning given that term in section 551 of title 5, United States Code. (b) Submission of Legal Brief.--During any period during which a proposed rule is open for public comment under chapter 5 of title 5, United States Code, any designated State official may submit to the head of the agency proposing the rule a legal brief challenging the constitutionality of the proposed rule under the 10th Amendment. (c) Duty of Federal Official To Post Link to the Brief.--The head of the agency proposing a rule described in subsection (b) shall prominently post on the front page of the Web site of the agency, in such a manner that it is immediately noticeable to individuals who visit that Web site, a link to each brief submitted under subsection (b). (d) Response by Federal Agency.--Unless an agency determines not to finalize a proposed rule described in subsection (b), not later than 15 days after posting the link under subsection (c), the head of the agency shall-- (1) certify in writing that, in the opinion of the head of the agency, the rule does not violate the 10th Amendment; (2) include in the certification the full legal reasoning supporting that opinion; and (3) prominently post the certification on the front page of the Web site of the agency next to the links to the legal briefs pertaining to the rule posted under subsection (c). (e) Notice to Officials of Other States.--Not later than 15 days after the date on which a designated State official submits a brief under subsection (b), the head of the agency proposing the rule shall give notice to each designated State official of each State that the brief was submitted. (f) Actions by State Officials.-- (1) Commencement of action.--At any time after the head of an agency posts a certification under subsection (d) that a rule does not violate the 10th Amendment, a designated State official may commence a civil action against the agency on the grounds that the rule of the agency violates the 10th Amendment. (2) Venue and jurisdiction.--If a designated State official decides to commence an action under paragraph (1), in addition to any other venue or jurisdiction that may be provided by law, the official may bring the action in the district court of the United States for the district in which the place of business of the official is located, which shall be a proper venue for the action and the court shall have jurisdiction of the action. (3) Expedited appeal.--Upon the filing of a notice of appeal by a designated State official who is a party to an action described in paragraph (1) brought in a district court of the United States, the appropriate court of appeals of the United States shall grant expedited review of a decision by the district court in the action.", "summary": "Restoring the 10th Amendment Act Authorizes a designated state official to submit to the head of a federal agency proposing a rule, during the period when the proposed rule is open for public comment, a legal brief challenging the constitutionality of the rule under the Tenth Amendment to the Constitution. Directs the agency head: (1) to notify the designated official of each state within 15 days after such a brief was submitted; (2) to post prominently on the front page of the agency's website a link to the brief; and (3) within 15 days after posting such link, to certify in writing that such rulemaking does not violate the Tenth Amendment and post the certification prominently on the agency's website next to the briefs pertaining to the rule, unless the agency determines not to finalize such proposed rule. Authorizes a designated state official, at any time after an agency head posts such a certification, to commence a civil action against the agency on the grounds that the rule violates the Tenth Amendment. Permits such state official, in addition to any other venue or jurisdiction provided by law, to bring such action in the U.S. district court for the district in which the official's place of business is located. Directs the appropriate U.S. court of appeals, upon the filing of a notice by a designated state official, to grant expedited review of a decision by the district court in such an action."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Expansion and Hiring Act of 2011''. SEC. 2. BUSINESS CREDIT FOR RETENTION OF CERTAIN INDIVIDUALS NEWLY HIRED BEFORE 2013. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45S. RETENTION OF CERTAIN INDIVIDUALS NEWLY HIRED BEFORE 2013. ``(a) In General.--For purposes of section 38, in the case of any taxable year ending after the date of the enactment of this section and beginning before January 1, 2013, the retained worker credit determined under this section for the taxable year is the aggregate of the lesser of-- ``(1) $4,000 ($6,000 in the case of a long-term unemployed individual), or ``(2) 6.2 percent of the wages (as defined in section 3401(a)) paid by the taxpayer to such retained worker during the 52 consecutive week period referred to in subsection (c)(2). ``(b) Limitations.-- ``(1) Increase in employment.--The number of retained workers taken into account under subsection (a) shall not exceed the excess of (if any)-- ``(A) the number of employees of the taxpayer at the end of the taxable year, over ``(B) the number of employees of the taxpayer at the beginning of the taxable year. ``(2) Dollar limitation.--The amount allowed as a credit under subsection (a) for a taxable year with respect to any business location of the employer shall not exceed $400,000. ``(3) Special rules.-- ``(A) Business-location specific.--All determinations under this section regarding the number of employees shall be determined on a location basis. ``(B) Employees rotated among business not eligible.--An employee who is moved from one location of the taxpayer to another location shall not be taken into account for purposes of paragraph (1). ``(c) Definitions.--For purposes of this section-- ``(1) Retained worker.--The term `retained worker' means any qualified individual-- ``(A) who was employed by the taxpayer on any date during the taxable year, ``(B) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and ``(C) whose wages (as defined in section 3401(a)) for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period. ``(2) Qualified individual.--The term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after December 31, 2010, and before January 1, 2014, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for 40 hours or more per week during the 60- day period ending on the date such individual begins such employment, ``(C) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(D) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(3) Qualified employer.-- ``(A) In general.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing which employed an average of less than 100 employees on business days during such taxable year. ``(B) Treatment of employees of post-secondary educational institutions.--Notwithstanding subparagraph (A), the term `qualified employer' includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965). ``(4) Long-term unemployed individual.--The term `long-term unemployed individual' means an individual who was in receipt of unemployment compensation under State or Federal law for not less than 26 weeks during the 1-year period ending on the day the individual is hired by the employer.''. (b) Credit Allowed as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the retained worker credit determined under section 45S.''. (c) Limitation on Carryforward.--Section 39(a) of such Code is amended by adding at the end the following: ``(5) 3-year carryforward for retained worker credit.--In the case of the retained worker credit, paragraph (2) shall be applied-- ``(A) by substituting `3 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(B) by substituting `2 taxable years' for `20 taxable years' in subparagraph (B) thereof.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45R the following new item: ``Sec. 45S. Retention of certain individuals newly hired before 2013.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Small Business Expansion and Hiring Act of 2011 - Amends the Internal Revenue Code to allow nongovernmental employers who employ an average of fewer than 100 employees during a taxable year a retained worker tax credit until December 31, 2012, for the lesser of $4,000 ($6,000 for a long-term unemployed individual) or 6.2% of the wages paid to a retained worker during a period of not less than 52 consecutive weeks of employment. Limits the amount of such credit with respect to any business location of the employer to $400,000 and provides that the number of retained workers taken into account for such credit shall not exceed the excess of the number of employees of the taxpayer at the end of the taxable year over the number of such employees at the beginning of the taxable year. Defines \"retained worker\" to mean any qualified individual who was employed on any date during the taxable year for a period of not less than 52 weeks and whose wages during the last 26 weeks of such period equaled at least 80% of such wages for the first 26 weeks of such period. Defines \"qualified individual\" as any individual who: (1) begins employment after 2010 and before 2014, (2) certifies by signed affidavit that such individual has not been employed for 40 hours or more per week during the 60-day period ending on the date such individual begins employment, (3) is not replacing another employee, and (4) is not disqualified for such credit by a relationship to the employer."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``End Tax Uncertainty Act of 2010''. SEC. 2. EGTRRA AND JGTRRA TAX RELIEF MADE PERMANENT. (a) Economic Growth and Tax Relief Reconciliation Act of 2001.-- Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 is hereby repealed. (b) Income Tax Rates on Dividends and Net Capital Gain.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is hereby repealed. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. ESTATE AND GIFT TAX PERMANENTLY REPEALED. Effective for estates of decedents dying, gifts made, or generation skipping transfers, after December 31, 2010, subtitle B of the Internal Revenue Code of 1986 is repealed. SEC. 4. PERMANENT INDIVIDUAL AMT RELIEF. (a) Modification of Alternative Minimum Tax Exemption Amount.-- (1) In general.--Paragraph (1) of section 55(d) of the Internal Revenue Code of 1986 (relating to exemption amount) is amended to read as follows: ``(1) Exemption amount for taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the term `exemption amount' means-- ``(A) the dollar amount for taxable years beginning in the calendar year as specified in the table contained in paragraph (4)(A) in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse, ``(B) the dollar amount for taxable years beginning in the calendar year as specified in the table contained in paragraph (4)(B) in the case of an individual who-- ``(i) is not a married individual, and ``(ii) is not a surviving spouse, ``(C) 50 percent of the dollar amount applicable under paragraph (1)(A) in the case of a married individual who files a separate return, and ``(D) $22,500 in the case of an estate or trust. For purposes of this paragraph, the term `surviving spouse' has the meaning given to such term by section 2(a), and marital status shall be determined under section 7703.''. (2) Specified exemption amounts.--Section 55(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Specified exemption amounts.-- ``(A) Taxpayers described in paragraph (1)(A).--For purposes of paragraph (1))(A)-- ------------------------------------------------------------------------ The ``For taxable years beginning in-- exemption amount is: ------------------------------------------------------------------------ 2010....................................................... $72,450 2011....................................................... $74,450 2012....................................................... $78,250 2013....................................................... $81,450 2014....................................................... $85,050 2015....................................................... $88,650 2016....................................................... $92,650 2017....................................................... $96,550 2018....................................................... $100,950 2019....................................................... $105,150 2020....................................................... $109,950. ------------------------------------------------------------------------ ``(B) Taxpayers described in paragraph (1)(B).--For purposes of paragraph (1))(B)-- ------------------------------------------------------------------------ The ``For taxable years beginning in-- exemption amount is: ------------------------------------------------------------------------ 2010....................................................... $47,450 2011....................................................... $48,450 2012....................................................... $50,350 2013....................................................... $51,950 2014....................................................... $53,750 2015....................................................... $55,550 2016....................................................... $57,550 2017....................................................... $59,500 2018....................................................... $61,700 2019....................................................... $63,800 2020....................................................... $66,200.''. ------------------------------------------------------------------------ (b) Alternative Minimum Tax Relief for Nonrefundable Credits.-- (1) In general.--Subsection (a) of section 26 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed by section 55(a) for the taxable year.''. (2) Conforming amendments.-- (A) Adoption credit.-- (i) Section 23(b) of such Code, as in effect on December 31, 2009, is amended by striking paragraph (4). (ii) Section 23(c) of such Code, as in effect on December 31, 2009, is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 25D and 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (iii) Section 23(c) of such Code, as in effect on December 31, 2009 amended by redesignating paragraph (3) as paragraph (2). (B) Child tax credit.-- (i) Section 24(b) of such Code is amended by striking paragraph (3). (ii) Section 24(d)(1) of such Code is amended-- (I) by striking ``section 26(a)(2) or subsection (b)(3), as the case may be,'' each place it appears in subparagraphs (A) and (B) and inserting ``section 26(a)'', and (II) by striking ``section 26(a)(2) or subsection (b)(3), as the case may be'' in the second last sentence and inserting ``section 26(a)''. (C) Credit for interest on certain home mortgages.--Section 25(e)(1)(C) of such Code is amended to read as follows: ``(C) Applicable tax limit.--For purposes of this paragraph, the term `applicable tax limit' means the limitation imposed by section 26(a) for the taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23, 25D, and 1400C).''. (D) Savers' credit.--Section 25B of such Code is amended by striking subsection (g). (E) Residential energy efficient property.--Section 25D(c) of such Code is amended to read as follows: ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (F) Certain plug-in electric vehicles.--Section 30(c)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (G) Alternative motor vehicle credit.--Section 30B(g)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (H) New qualified plug-in electric vehicle credit.--Section 30D(c)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (I) Cross references.--Section 55(c)(3) of such Code is amended by striking ``26(a), 30C(d)(2),'' and inserting ``30C(d)(2)''. (J) Foreign tax credit.--Section 904 of such Code is amended by striking subsection (i) and by redesignating subsections (j) , (k), and (l) as subsections (i), (j), and (k), respectively. (K) First-time home buyer credit for the district of columbia.--Section 1400C(d) of such Code is amended to read as follows: ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under subpart A of part IV of subchapter A (other than this section and section 25D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 5. MAXIMUM CORPORATE INCOME TAX RATE REDUCED TO 25 PERCENT. (a) In General.--Paragraph (1) of section 11(b) of the Internal Revenue Code of 1986 is amended by striking ``but does not exceed $75,000'' and all that follows and inserting a period. (b) Personal Service Corporations.--Paragraph (2) of section 11(b) of such Code is amended by striking ``35 percent'' and inserting ``25 percent''. (c) Conforming Amendments.-- (1) Subsection (a) of section 1201 of such Code is amended by striking ``35 percent'' each place it appears and inserting ``25 percent''. (2) Paragraphs (1) and (2) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``25 percent''. (d) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2010.", "summary": "End Tax Uncertainty Act of 2010 - Makes permanent: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001; (2) provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce income tax rates on dividend and capital gains income; and (3) the repeal, after December 31, 2010, of the estate, gift, and generation-skipping transfer tax. Amends the Internal Revenue Code to: (1) provide for annual increases, between 2010 and 2020, in the amount of the alternative minimum tax (AMT) exemption amount for single and married taxpayers; (2) allow a permanent offset against the AMT for certain nonrefundable tax credits; and (3) reduce to 25% the maximum income tax rate for corporations, including personal service corporations."}
{"article": "SECTION 1. WHISTLEBLOWER PROTECTION. (a) Definitions.--In this section: (1) Air carrier.--The term ``air carrier'' has the meaning given that term in section 40102 of title 49, United States Code. (2) Covered proceeding.--The term ``covered proceeding'' means a proceeding conducted by the Secretary of Transportation or the Administrator of the Federal Aviation Administration to carry out a function of the Department of Transportation. (3) Employee.--The term ``employee'' means-- (A) an applicant that applies for employment by an air carrier, employee, or former employee of an air carrier; and (B) includes a contractor or subcontractor of the Federal Aviation Administration carrying out a function of the Department of Transportation or of a contractor or subcontractor of an air carrier. (4) Related action.--The term ``related action'' means the actions of an employee to-- (A) notify an employer or the Secretary of Transportation of an alleged violation of title 49, United States Code; (B) refuse to engage in any practice that the employee reasonably believes constitutes a violation of law (including a rule or regulation); (C) testified before Congress or at any Federal or State proceeding regarding any provision of title 49, United States Code; (D) commences, acts with the intention of commencing, or causes to be commenced a proceeding under title 49, United States Code; (E) testified or is about to testify in any such proceeding; or (F) assisted or participated or is about to participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of title 49, United States Code. (b) Whistleblower Protection.-- (1) Limitation on liability.--No employee shall be liable by reason of an activity described in subparagraph (A), (B), or (C) of paragraph (2). (2) Employees described.--An employee described in this paragraph is an employee who, in a manner consistent with applicable law-- (A) commences, acts with the intention of commencing, or causes to be commenced a covered proceeding; (B) testifies or acts with the intention of testifying at a covered proceeding or with respect to a related action; (C) assists with or participates in or acts with the intention of assisting or participating in a covered proceeding; or (D) carries out a related action. (3) Refusal to violate law.--No employee shall be liable for refusing to violate or assist in the violation of any law (including any rule or regulation) in the course of employment, if the refusal is based on a reasonable belief that the law would be violated. (4) Prohibition on discrimination.--No air carrier, contractor, or subcontractor covered under this section may discriminate against an employee described in paragraph (2). (c) Procedures and Penalties.-- (1) Filing of complaints and procedures.-- (A) In general.--An employee alleging discrimination (including discharge, discipline, or reassignment) in violation of subsection (b) or another person at the employee's request, may file a complaint with the Secretary of Labor not later than 180 days after the alleged violation occurs. (B) Procedures.-- (i) In general.--The Secretary of Labor may issue a subpoena for the attendance and testimony of any person and the production of documentary or other evidence from any person if the testimony or production requested is not unduly burdensome and appears reasonably calculated to lead to the discovery of admissible evidence. (ii) Procedures.--Subject to paragraph (4), in carrying out this subsection, the Secretary of Labor shall, with respect to a complaint described in subparagraph (A), use the same procedures for filing complaints, conducting investigations, holding hearings, and issuing orders as are applicable to drivers of commercial motor vehicles under section 31105(b) of title 49, United States Code. (C) Burden of proof.-- (i) In general.--The Secretary of Labor shall dismiss a complaint filed under subparagraph (A), and shall not conduct the investigation or provide relief after completion of the procedures required under subparagraph (B), unless the complainant has made a prima facie showing that any behavior described in subsection (b) (2) or (3) was a contributing factor in the discrimination (including discharge or discipline) alleged in the complaint. (ii) Demonstration by employer.-- Notwithstanding a finding by the Secretary that the complainant has made a showing required under clause (i), no investigation required or relief available under subparagraph (B) shall be carried out or made available if the employer demonstrates, by clear and convincing evidence, that it would have taken the same unfavorable personnel action for legitimate, independent reasons in the absence of such behavior. (D) Penalties.--The penalties contained in section 31105(b) of title 49, United States Code, shall apply to persons who violate subsection (b) of this section in the same manner as those penalties apply to persons who violate section 31105(a) of title 49, United States Code. (2) Judicial review and venue.--A person adversely affected by an order issued pursuant to paragraph (1)(B) may seek judicial review in the same manner as is prescribed in section 31105(c) of title 49, United States Code. The court in issuing any final order under this paragraph may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate. (3) Civil actions.--If a person fails to comply with an order issued pursuant to paragraph (1), the Secretary of Labor shall bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred. (4) Alternative procedures.--Upon filing a complaint under this subsection, with the mutual consent of the parties, the Secretary of Labor may provide for mediation or arbitration in a manner consistent with applicable law, in lieu of conducting a hearing and issuing an order under the procedures contained in section 31105(b) of title 49, United States Code. SEC. 2. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES. Section 347(b)(1) of the Department of Transportation and Related Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) is amended by inserting before the semicolon at the end the following: ``, including the provisions for investigation, adjudication, and enforcement as provided for in chapters 12 and 77 of title 5, United States Code''. SEC. 3. PROTECTION AGAINST OVERBROAD RESTRICTIONS ON DISCLOSURES. (a) Prohibition.-- (1) In general.--No employer may spend funds to implement or enforce the agreements in Standard Forms 312 and 4355 of the Federal Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following statement: ``These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, (governing disclosures to Congress by members of the military); section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosures which may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by such Executive order and such provisions are incorporated into this Agreement and are controlling.''. (2) Intelligence activities.--Notwithstanding the paragraph (1), a nondisclosure policy, form, or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose classified information received in the course of such activity unless specifically authorized to do so by the United States Government. (3) Violations of law.--Nondisclosure agreements or forms described in paragraph (1) shall clarify that such agreements do not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. (b) Civil Actions.--An employee, former employee, or applicant for employment to which this section applies may, with respect to an action for a violation of section 7211 or 7212 of title 49, United States Code, that is taken, threatened, or proposed to be taken against such employee, former employee, or applicant for employment, bring a civil action for a jury trial in the appropriate district court of the United States for relief. (c) Procedures.--In any action brought under subsection (b)-- (1) the matter shall be reviewed de novo by the court; and (2) the proceeding shall be governed by the legal burdens of proof in sections 1214(b)(4)(B) and 1221(e) of title 5, United States Code.", "summary": "Provides for whistleblower protections for airline employees. (Sec. 1) Declares that no airline employee (including a contractor or subcontractor of the Federal Aviation Administration (FAA) or of an air carrier) shall be liable: (1) for commencing, testifying at, or participating in, a proceeding conducted by the Secretary of Transportation or the Administrator of the FAA or a related action; or (2) for refusing to violate or assist in the violation of any law or regulation in the course of employment, if such refusal is based on a reasonable belief that the law would be violated. Prohibits an air carrier, contractor, or subcontractor from discriminating against such an employee. Sets forth Department of Labor complaint procedures for employees alleging discrimination (including discharge, discipline, or reassignment) in violation of this Act. Sets forth civil penalties for violation of such employee protections. Provides for judicial review for persons adversely affected by an order issued by the Secretary of Labor. (Sec. 2) Amends the Department of Transportation and Related Agencies Appropriations Act, 1996 to provide for the investigation, adjudication, and enforcement of whistleblower protections for FAA employees. (Sec. 3) Prohibits an employer from spending funds to implement or enforce certain agreements in Standard Forms 312 and 4355 of the Federal Government or any other nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain certain statements regarding employee protections with respect to certain disclosures. Authorizes a nondisclosure policy, form, or agreement that is executed by a person connected with the conduct of an intelligence or intelligence-related activity (other than a Government employee or officer) to contain provisions appropriate to the particular activity for which such document is to be used. Requires such agreement, at a minimum, to require that the person will not disclose classified information received in the course of such activity unless specifically authorized to do so by the Government. Requires such nondisclosure agreements to clarify that they do not bar disclosures to the Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. Authorizes an airline employee, former employee, or applicant for employment that has been discriminated against in violation of certain whistleblower protections to bring a civil action for relief in the appropriate U.S. district court."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Education Affordable Act''. SEC. 2. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS. Part B of title VII of the Higher Education Act of 1965 (20 U.S.C. 1138 et seq.) is amended-- (1) by redesignating section 745 as section 746; (2) in section 746, as redesignated by paragraph (1), by striking ``fiscal year 2009'' and inserting ``fiscal year 2018''; and (3) by inserting after section 744 the following: ``SEC. 745. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS. ``(a) Purpose.--The purpose of this section is to expand access for high school students to the opportunities offered in credit-based academic transition programs established through partnerships between high schools and institutions of higher education utilizing dual or concurrent enrollment programs or early college high school programs that enable such students to earn college credits while in high school. ``(b) Eligible Institution.--In this section, the term `eligible institution' means an institution of higher education that carries out a dual or concurrent enrollment program or an early college high school program that enables high school students to earn college credits while in high school. ``(c) Grants Authorized.--The Secretary may award grants to eligible institutions to carry out credit-based academic transition programs described in subsection (a). ``(d) Application.--An eligible institution that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible institutions that serve students from low-income families, students from rural communities, or students who are the first in their family to receive postsecondary education. ``(f) Use of Funds.--An eligible institution that receives a grant under this section shall use the grant funds-- ``(1) to carry out a dual or concurrent enrollment program or an early college high school program for high school students, through which such students while enrolled in high school are enrolled in postsecondary courses at the eligible institution, through which such students can earn college credits that can be transferred to 2-year and 4-year institutions of higher education in the State; ``(2) to provide teachers, principals, and other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through a dual or concurrent enrollment program or an early college high school program; and ``(3) to support activities such as-- ``(A) designing the curriculum and sequence of courses in collaboration with teachers from the local educational agency and faculty from the eligible institution; ``(B) establishing a course articulation process for defining and approving courses for high school and postsecondary credit or credentials for both 2-year and 4-year institutions of higher education in the State; ``(C) outreach programs to provide elementary school and secondary school students, especially those in middle grades, and their parents, teachers, school counselors, and principals information about and academic preparation for the credit-based academic transition programs described in subsection (a); ``(D) helping students meet eligibility criteria for postsecondary courses and ensuring that students understand how credits earned will transfer to institutions of higher education in the State; and ``(E) coordinating secondary and postsecondary support services and academic calendars. ``(g) Flexibility of Funds.--An eligible institution that receives a grant under this section may use grant funds for any of the costs associated with carrying out credit-based academic transition programs described in subsection (a), including the costs of-- ``(1) tuition and fees, books, and required instructional materials for such program so that students will not be required to pay tuition or fees for postsecondary courses; and ``(2) transportation to and from such program. ``(h) Evaluation and Report.--Each eligible institution receiving a grant under this section shall-- ``(1) conduct an independent evaluation of the effectiveness of the activities carried out by such eligible institution under this section; and ``(2) prepare and submit to the Secretary a report containing the results of the evaluation described in paragraph (1). ``(i) Rule of Construction.--Nothing in this section shall be construed to impose on any State or public institution of higher education any requirement or rule regarding credit-based academic transition programs described in subsection (a) that is inconsistent with State law.''.", "summary": "Making Education Affordable Act This bill amends title VII (Graduate and Postsecondary Improvement Programs) of the Higher Education Act of 1965 to reauthorize through FY2018 the Fund for the Improvement of Postsecondary Education (FIPSE) program. The bill also authorizes new grants under the FIPSE program. Specifically, the Department of Education may award grants to institutions of higher education for dual or concurrent enrollment programs or early college high school programs that allow high school students to earn college credits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Responsible Homeowners Act''. SEC. 2. AFFORDABLE REFINANCING OF MORTGAGES OWNED OR GUARANTEED BY FANNIE MAE AND FREDDIE MAC. (a) Definitions.--As used in this Act, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (3) Qualified mortgage.--The term ``qualified mortgage'' means a mortgage that-- (A) is an existing first mortgage that was made for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as the principal residence of the mortgagor; (B) is owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (C) the mortgagor is current on payments due under the mortgage. (4) Refinancing mortgage.--The term ``refinancing mortgage'' means a mortgage that meets the following requirements: (A) Refinancing of qualified mortgage.--The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing qualified mortgage and any closing costs from the refinancing of the mortgage that the mortgagor chooses to include in the refinanced mortgage. (B) Single-family housing.--The property that is subject to the mortgage shall be the same property that is subject to the qualified mortgage being refinanced. (C) Interest rate.--The mortgage shall bear a fair rate of interest, which shall not exceed 40 basis points above the required net yield for a 60-day commitment to purchase a prime conventional conforming fixed rate mortgage as published by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation at the time the interest rate is locked in. (D) Loan to value.--The mortgage shall not be limited by the loan-to-value ratio. (E) Waiver of prepayment penalties.--All penalties for prepayment or refinancing of the qualified mortgage that is refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (F) Term to maturity.--The mortgage shall have a term to maturity of not more than 40 years from the date of the beginning of the amortization of the mortgage. (b) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the refinancing of qualified mortgages on single-family housing owned by such enterprise through a refinancing mortgage, and for the purchase of and securitization of such refinancing mortgages, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Such program shall require the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation to purchase or guarantee the refinancing mortgage used to refinance a qualified mortgage upon the request of the mortgagee. (c) Prohibition on Loan Level Price Adjustments and Post Settlement Delivery Fees.--In carrying out the program established under this section, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall not charge the mortgagee any up-front fee beyond the standard guarantee fee for the refinancing of the qualified mortgage through the refinancing mortgage. (d) Resubordination of Second Liens.--For any servicer or creditor holding a second lien on a qualified mortgage who refuses to resubordinate that lien, thereby preventing the refinancing of the qualified mortgage, new mortgages originated by that servicer or creditor shall be ineligible for purchase or guarantee by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (e) Termination.--The requirement for an enterprise to refinance qualified mortgages under this section shall not apply to any request for refinancing made after the expiration of the 1-year period beginning on the date of the enactment of this Act. Notwithstanding the prior sentence, the Director, at his or her discretion, may extend the program established under this section, and the requirements of such program shall apply during any such extension, in 1-year increments. (f) Regulations.--The Director shall issue any regulations or guidance necessary to carry out the program established under this section. SEC. 3. NOTICE OF THE REFINANCING PROGRAM. The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall require each servicer of a mortgage owned or guaranteed by each such enterprise to inform each borrower of such mortgage of the refinancing program authorized and established under section 2. SEC. 4. REPORT. The Director shall, as part of the monthly Foreclosure Prevention & Refinance Report published by the Director, include information on the progress of the refinancing program authorized and established under section 2.", "summary": "Helping Responsible Homeowners Act - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs) each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage (and for the purchase of and securitization of such refinancing mortgages) in accordance with this Act and the policies and procedures of the Federal Housing Finance Agency. Defines a qualified mortgage as one that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence; (2) is owned or guaranteed by the particular GSE; and (3) the mortgagor is current on payments due under the mortgage. Specifies the terms and conditions of a refinancing mortgage, including a 40-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage. Prohibits the GSEs from charging a mortgagee any up-front fee beyond the standard guarantee fee for the refinancing of the qualified mortgage. Makes ineligible for purchase or guarantee by either GSE of any new mortgage originated by a servicer or creditor holding a second lien on a qualified mortgage who refuses to resubordinate that lien, and thereby prevents the refinancing of the qualified mortgage. Directs the GSEs to require each servicer of a mortgage owned or guaranteed by the GSE to inform each mortgage borrower of the refinancing program authorized and established under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Laundering Abatement Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Money laundering is a serious problem that enables criminals to reap the rewards of their crimes by hiding the criminal source of their profits. (2) When carried out by using banks, money laundering erodes the integrity of our financial institutions. (3) United States financial institutions are a critical link in our efforts to combat money laundering. (4) In addition to organized crime enterprises, corrupt government officials around the world increasingly employ sophisticated money laundering schemes to conceal wealth they have plundered or extorted from their nations or received as bribes, and these practices weaken the legitimacy of foreign states, threaten the integrity of international financial markets, and harm foreign populations. (5) Private banking is a growing activity among financial institutions based in and operating in the United States. (6) The high profitability, competition, high level of secrecy, and close relationships of trust developed between private bankers and their clients make private banking vulnerable to money laundering. (7) The use by United States bankers of financial centers located outside of the United States that have weak financial regulatory and reporting regimes and no transparency facilitates global money laundering. (b) Purpose.--The purpose of this Act is to eliminate the weaknesses in Federal law that allow money laundering to flourish, particularly in private banking activities. SEC. 3. IDENTIFICATION OF ACTUAL OR BENEFICIAL OWNERS OF ACCOUNTS. (a) Transactions and Accounts With or on Behalf of Foreign Entities.--Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 5331. Requirements relating to transactions and accounts with or on behalf of foreign entities ``(a) Definitions.--Notwithstanding any other provision of this subchapter, in this section the following definitions shall apply: ``(1) Account.--The term `account'-- ``(A) means a formal banking or business relationship established to provide regular services, dealings, and other financial transactions; and ``(B) includes a demand deposit, savings deposit, or other asset account and a credit account or other extension of credit. ``(2) Correspondent account.--The term `correspondent account' means an account established to receive deposits from and make payments on behalf of a correspondent bank. ``(3) Correspondent bank.--The term `correspondent bank' means a depository institution that accepts deposits from another financial institution and provides services on behalf of such other financial institution. ``(4) Depository institution.--The term `depository institution' has the same meaning as in section 19(b)(1)(A) of the Federal Reserve Act. ``(5) Foreign banking institution.--The term `foreign banking institution' means a foreign entity that engages in the business of banking, and includes foreign commercial banks, foreign merchant banks, and other foreign institutions that engage in banking activities usual in connection with the business of banking in the countries where they are organized or operating. ``(6) Foreign entity.--The term `foreign entity' means an entity that is not organized under the laws of the Federal Government of the United States, any State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. ``(b) Prohibition on Opening or Maintaining Accounts Belonging to or for the Benefit of Unidentified Owners.--A depository institution or a branch of a foreign bank (as defined in section 1 of the International Banking Act of 1978) may not open or maintain any account in the United States for a foreign entity or a representative of a foreign entity, unless-- ``(1) for each such account, the institution completes and maintains in the United States a form or record identifying, by a verifiable name and account number, each person having a direct or beneficial ownership interest in the account; or ``(2) some or all of the shares of the foreign entity are publicly traded. ``(c) Prohibition on Opening or Maintaining Correspondent Accounts or Correspondent Bank Relationship With Certain Foreign Banks.--A depository institution, or branch of a foreign bank, as defined in section 1 of the International Banking Act of 1978, may not open or maintain a correspondent account in the United States for or on behalf of a foreign banking institution, or establish or maintain a correspondent bank relationship with a foreign banking institution (other than in the case of an affiliate of a branch of a foreign bank), that-- ``(1) is organized under the laws of a jurisdiction outside of the United States; and ``(2) is not subject to comprehensive supervision or regulation on a consolidated basis by the appropriate authorities in such jurisdiction. ``(d) 48-Hour Rule.--Not later than 48 hours after receiving a request by the appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) for information related to anti-money laundering compliance by a financial institution or a customer of that institution, a financial institution shall provide to the requesting agency, or make available at a location specified by the representative of the agency, information and account documentation for any account opened, maintained, or managed in the United States by the financial institution.''. (b) Technical and Conforming Amendment.--The table of sections for subchapter II of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5330 the following: ``5331. Requirements relating to transactions and accounts with or on behalf of foreign entities.''. (c) Effective Date.--The amendments made by this section shall apply-- (1) with respect to any account opened on or after the date of enactment of this Act, as of such date; and (2) with respect to any account opened before the date of enactment of this Act, as of the end of the 6-month period beginning on such date. SEC. 4. PROPER MAINTENANCE OF CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS. Section 5318(h) of title 31, United States Code, is amended by adding at the end the following: ``(3) Availability of certain account information.--The Secretary shall prescribe regulations under this subsection that govern maintenance of concentration accounts by financial institutions, in order to ensure that such accounts are not used to prevent association of the identity of an individual customer with the movement of funds of which the customer is the direct or beneficial owner, which regulations shall, at a minimum-- ``(A) prohibit financial institutions from allowing clients to direct transactions that move their funds into, out of, or through the concentration accounts of the financial institution; ``(B) prohibit financial institutions and their employees from informing customers of the existence of, or means of identifying, the concentration accounts of the institution; and ``(C) require each financial institution to establish written procedures governing the documentation of all transactions involving a concentration account, which procedures shall ensure that, any time a transaction involving a concentration account commingles funds belonging to 1 or more customers, the identity of, and specific amount belonging to, each customer is documented.''. SEC. 5. DUE DILIGENCE REQUIRED FOR PRIVATE BANKING. The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by inserting after section 10 the following: ``SEC. 5A. DUE DILIGENCE. ``(a) Private Banking.--In fulfillment of its anti-money laundering obligations under section 5318(h) of title 31, United States Code, each depository institution that engages in private banking shall establish due diligence procedures for opening and reviewing, on an ongoing basis, accounts of private banking customers. ``(b) Minimum Standards.--The due diligence procedures required by paragraph (1) shall, at a minimum, ensure that the depository institution knows and verifies, through probative documentation, the identity and financial background of each private banking customer of the institution and obtains sufficient information about the source of funds of the customer to meet the anti-money laundering obligations of the institution. ``(c) Compliance Review.--The appropriate Federal banking agencies shall review compliance with the requirements of this section as part of each examination of a depository institution under this Act. ``(d) Regulations.--The Board of Governors of the Federal Reserve System shall, after consultation with the other appropriate Federal banking agencies, define the term `private banking' by regulation for purposes of this section.''. SEC. 6. SUPPLEMENTATION OF CRIMES CONSTITUTING MONEY LAUNDERING. Section 1956(c)(7)(B) of title 18, United States Code, is amended-- (1) by striking clause (ii) and inserting the following: ``(ii) any conduct constituting a crime of violence;''; and (2) by adding at the end the following: ``(iv) fraud, or any scheme to defraud, committed against a foreign government or foreign governmental entity under the laws of that government or entity; ``(v) bribery of a foreign public official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of a foreign public official under the laws of the country in which the subject conduct occurred or in which the public official holds office; ``(vi) smuggling or export control violations involving munitions listed in the United States Munitions List or technologies with military applications, as defined in the Commerce Control List of the Export Administration Regulations; ``(vii) an offense with respect to which the United States would be obligated by a multilateral treaty either to extradite the alleged offender or to submit the case for prosecution, if the offender were found within the territory of the United States; or ``(viii) the misuse of funds of, or provided by, the International Monetary Fund in contravention of the Articles of Agreement of the Fund or the misuse of funds of, or provided by, any other international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) in contravention of any international treaty or other international agreement to which the United States is a party, including any articles of agreement of the members of such international financial institution;''. SEC. 7. PROHIBITION ON FALSE STATEMENTS TO FINANCIAL INSTITUTIONS CONCERNING THE IDENTITY OF A CUSTOMER. (a) In General.--Chapter 47 of title 18, United States Code (relating to fraud and false statements), is amended by inserting after section 1007 the following: ``Sec. 1008. False statements concerning the identity of customers of financial institutions ``(a) In General.--Whoever knowingly in any manner-- ``(1) falsifies, conceals, or covers up, or attempts to falsify, conceal, or cover up, the identity of any person in connection with any transaction with a financial institution; ``(2) makes, or attempts to make, any materially false, fraudulent, or fictitious statement or representation of the identity of any person in connection with a transaction with a financial institution; ``(3) makes or uses, or attempts to make or use, any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry concerning the identity of any person in connection with a transaction with a financial institution; or ``(4) uses or presents, or attempts to use or present, in connection with a transaction with a financial institution, an identification document or means of identification the possession of which is a violation of section 1028; shall be fined under this title, imprisoned not more than 5 years, or both. ``(b) Definitions.--In this section: ``(1) Financial institution.--In addition to the meaning given to the term `financial institution' by section 20, the term `financial institution' also has the meaning given to such term in section 5312(a)(2) of title 31. ``(2) Identification document and means of identification.--The terms `identification document' and `means of identification' have the meanings given to such terms in section 1028(d).''. (b) Technical and Conforming Amendments.-- (1) Title 18, united states code.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking ``1014 (relating to fraudulent loan'' and inserting ``section 1008 (relating to false statements concerning the identity of customers of financial institutions), section 1014 (relating to fraudulent loan''. (2) Table of sections.--The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1007 the following: ``1008. False statements concerning the identity of customers of financial institutions.''. SEC. 8. APPROPRIATION FOR FINCEN TO IMPLEMENT SAR/CTR ALERT DATABASE. There is authorized to be appropriated $1,000,000, to remain available until expended, for the Financial Crimes Enforcement Network of the Department of the Treasury to implement an automated database that will alert law enforcement officials if Currency Transaction Reports or Suspicious Activity Reports disclose patterns that may indicate illegal activity, including any instance in which multiple Currency Transaction Reports or Suspicious Activity Reports name the same individual within a prescribed period of time. SEC. 9. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS. Section 1956(b) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(b)''; (3) by inserting ``, or section 1957'' after ``or (a)(3)''; and (4) by adding at the end the following: ``(2) For purposes of adjudicating an action filed or enforcing a penalty ordered under this section, the district courts shall have jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, that commits an offense under subsection (a) involving a financial transaction that occurs in whole or in part in the United States, if service of process upon such foreign person is made under the Federal Rules of Civil Procedure or the laws of the country in which the foreign person is found. ``(3) The court may issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment under this section.''. SEC. 10. LAUNDERING MONEY THROUGH A FOREIGN BANK. Section 1956(c)(6) of title 18, United States Code, is amended to read as follows: ``(6) the term `financial institution' includes-- ``(A) any financial institution described in section 5312(a)(2) of title 31, or the regulations promulgated thereunder; and ``(B) any foreign bank, as defined in section 1(b)(7) of the International Banking Act of 1978 (12 U.S.C. 3101(7)).''. SEC. 11. EFFECTIVE DATE. Except as otherwise specifically provided in this Act, this Act and the amendments made by this Act shall take effect 90 days after the date of enactment of this Act.", "summary": "(Sec. 3) Requires a financial institution to comply within 48 hours with a Federal banking agency request for anti- money laundering information. (Sec. 4) Instructs the Secretary of the Treasury to prescribe regulations governing maintenance of concentration accounts by financial institutions to ensure that such accounts are not used to prevent association of the identity of an individual customer with the movement of funds of which the customer is the direct or beneficial owner. (Sec. 5) Amends the Federal Deposit Insurance Act to require each depository institution engaging in private banking to establish due diligence procedures for ongoing review of private banking customer accounts. (Sec. 6) Amends Federal criminal law to: (1) expand the designations of unlawful laundering of monetary instruments; (2) impose a fine and imprisonment for false statements to financial institutions concerning the identity of a customer; and (3) grant district courts jurisdiction over any foreign person that commits a financial transaction offense in the United States, including court issuance of a pretrial restraining order. (Sec. 8) Authorizes appropriations for the Financial Crimes Enforcement Network of the Department of the Treasury to implement an automated database to alert law enforcement officials if Currency Transaction Reports or Suspicious Activity Reports disclose patterns of illegal activity, including multiple Currency Transaction Reports or Suspicious Activity Reports which name the same individual within a prescribed period of time."}
{"article": "TITLE I--FEDERAL AIRPORTS SECURITY ENHANCEMENT ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Federal Airports Security Enhancement Act''. SEC. 102. ESTABLISHMENT OF AIRPORT SECURITY COMMITTEES. The Act of July 5, 1994 (49 U.S.C. 44935), is amended-- (1) by striking section 44901 subparagraph (b) and inserting the following: ``SEC. 103. EMPLOYMENT STANDARDS AND TRAINING.''. (2) by striking section 44935 subparagraph (b) and inserting the following: ``(a) Review and Recommendations.--The Administrator of the Federal Aviation Administration shall establish Security Committees at each airport location to be composed of representatives of the air carriers, airport operators, other interested parties and at least one representative from the Federal Protective Service, the Federal Bureau of Investigation, The Federal Aviation Administration and one member from each local jurisdiction that the airport may be located in or that may have jurisdictional authority for the airport facility. Each Airport Security Committee shall meet at least quarterly and shall make recommendations for minimum security countermeasures to the Administrator. The Federal Protective Service shall have primary responsibility for conducting on an ongoing basis security surveys and formulating recommendations to the Security Committee. The Administrator shall prescribe appropriate changes in existing procedures to improve that performance.''. SEC. 103. SCREENING PASSENGERS AND PROPERTY. The Act of July 5, 1994 (49 U.S.C. 44935), is amended by striking section 44901, subparagraph (a), and inserting the following: ``(a) General Requirements.--The Administrator of the Federal Aviation Administration shall prescribe regulations requiring screening of all passengers and property that will be carried in a cabin of an aircraft in air transportation or intrastate air transportation. The screening must take place before boarding and be carried out by a weapon detecting facility or procedure used or operated by an employee or agent of the Federal Protective Service. The Administrator-- ``(1) shall require that sufficient Federal Police Officers are posted at airport facilities to provide patrol duties during all hours of operations as well as supervise screening personnel; ``(2) shall maintain sufficient numbers of Special Agents to provide necessary investigative and supervisory capability; and ``(3) shall obtain all necessary personnel and authorization from the Administrator of the General Services Administration.''. SEC. 104. DESIGNATION OF POLICE OFFICERS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended-- (1) in section 1 by striking the section heading and inserting the following: ``SEC. 2. POLICE OFFICERS.''; (2) in sections 1 and 3 by striking ``special policemen'' each place it appears and inserting ``police officers''; (3) in section 1(a) by striking ``uniformed guards'' and inserting ``certain employees''; and (4) in section 1(b) by striking ``Special policemen'' and inserting the following: ``(1) In general.--Police officers''. SEC. 105. POWERS. Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is further amended-- (1) by adding at the end the following: ``(2) Additional powers.--Subject to paragraph (3), a police officer or Special Agent appointed under this section is authorized-- ``(A) to carry firearms in any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; ``(B) to petition Federal courts for arrest and search warrants and to execute such warrants; ``(C) to arrest an individual without a warrant if the individual commits a crime in the officer's presence or if the officer has probable cause to believe that the individual has committed a crime or is committing a crime; and ``(D) to conduct investigations, on and off the property in question, of offenses that have been or may be committed against property under the charge and control of the Administrator or against persons on such property. ``(3) Authority outside federal property.--The Administrator may enter into agreements with State and local governments to obtain authority for police officers appointed under this section to exercise, concurrently with State and local law enforcement authorities, the powers granted to such officers under this section in areas adjacent to property owned or occupied by the United States and under the charge and control of the Administrator: ``(A) The Administrator will in coordination with the Administrator of the Federal Aviation Administration confer the powers granted to such officers under this section in areas under the charge and control of the Administrator of the Federal Aviation Administration.''; and (2) by moving the left margin of paragraph (1) (as designated by section 202(4) of this Act) so as to appropriately align with paragraphs (2), (3), and (4) (as added by paragraph (1) of this subsection). SEC. 105. SPECIAL AGENTS. Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended-- (1) by striking ``nonuniformed special policemen'' each place it appears and inserting ``special agents''; (2) by striking ``special policemen'' and inserting ``special agent''; and (3) by adding at the end the following: ``Any such special agent while on duty shall have the same authority outside Federal property as police officers have under section 1(b)(4).''. SEC. 106. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended by adding at the end the following: ``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. ``(a) In General.--The Administrator of General Services shall establish the Federal Protective Service as a separate operating service of the General Service Administration. ``(b) Appointment of Commissioner.-- ``(1) In general.--The Federal Protective Service shall be headed by a Commissioner who shall be appointed by and report directly to the Administrator. ``(2) Qualifications.--The Commissioner shall be appointed from among individuals who have at least 5 years of professional law enforcement experience in a command or supervisory position. ``(c) Duties of the Commissioner.--The Commissioner shall-- ``(1) assist the Administrator in carrying out the duties of the Administrator under this Act; ``(2) except as otherwise provided by law, serve as the law enforcement officer and security official of the United States with respect to the protection of Federal officers and employees in buildings and areas that are owned or occupied by the United States and under the charge and control of the Administrator (other than buildings and areas that are secured by the United States Secret Service); ``(3) render necessary assistance, as determined by the Administrator, to other Federal, State, and local law enforcement agencies upon request; and ``(4) coordinate the activities of the Commissioner with the activities of the Commissioner of the Public Buildings Service. Nothing in this subsection may be construed to supersede or otherwise affect the duties and responsibilities of the United States Secret Service under sections 1752 and 3056 of title 18, United States Code. ``(d) Appointment of Regional Directors and Assistant Commissioners.-- ``(1) In general.--The Commissioner may appoint regional directors and assistant commissioners of the Federal Protective Service. ``(2) Qualifications.--The Commissioner shall select individuals for appointments under paragraphs (1) from among individuals who have at least 5 years of direct law enforcement experience, including at least 2 years in a supervisory position.''. (b) Pay Level of Commissioner.--Section 5316 of title 5, United States Code, is amended by inserting after the paragraph relating to the Commissioner of the Public Buildings Service the following: ``Commissioner, Federal Protective Service, General Services Administration.''. SEC. 107. PAY AND BENEFITS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 7. PAY AND BENEFITS. ``(a) Survey.--The Director of the Office of Personnel Management shall conduct a survey of the pay and benefits of all Federal police forces to determine whether there are disparities between the pay and benefit of such forces that are not commensurate with differences in duties of working conditions. ``(b) Pay Schedule.--The Director of the Office of Personnel Management shall in connection with the survey conducted in subsection (a) produce a pay and benefit schedule for employees of the Federal Protective Service to be contained in the findings and recommendations. ``(c) Report.--Not later than 6 months after the date of the enactment of this section, the Director shall transmit to Congress a report containing the results of the survey conducted under subsection (a), together with the Director's findings and recommendations.''. SEC. 108. NUMBER OF POLICE OFFICERS. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 8. NUMBER OF POLICE OFFICERS. ``After the 1-year period beginning on the date of the enactment of this section, there shall be at least 1,000 full-time equivalent police officers in the Federal Protective Service to be assigned to areas outside of airport operations. This number shall not be reduced unless specifically authorized by law. The Administrator of the General Services Administration and the Administrator of the Federal Aviation Administration shall jointly determine full time equivalent number of Police Officers and Special Agents assigned to airport security and law enforcement.''. SEC. 109. EMPLOYMENT STANDARDS AND TRAINING. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING. ``(a) In General.--The Commissioner of the Federal Protective Service shall prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for buildings and areas that are owned or occupied by the United States and under the control and charge of the Administrator of General Services: ``(1) Contract cost.--The Commissioner of the Federal Protective Service shall conduct a cost analysis on each security personnel supply contract to determine if the use of personnel directly employed by the United States would be more cost effective for use in buildings and areas that are owned or occupied by the United States and under the control and charge of the Administrator of General Services. The Commissioner of the Federal Protective Service may not use the prescribed cost analysis for purposes of reducing the number of Police Officers with the Federal Protective Service''. SEC. 110. AUTHORIZATION OF COST RECOVERY. The Administrator of the General Services Administration is authorized to recover all direct and indirect costs associated with airport security operations under this Act from the Federal Aviation Administration: (a) Operations cost recovery.--The Administrator of the Federal Aviation Administration is authorized to recover costs associated with enhanced security operations from the airport authorities and air carriers where such entities are currently providing services that would be replaced by the requirements in this act in such matter as may be determined by the Administrator. (b) The Administrator of the Federal Aviation Administration may recover all direct costs of enhancements required by this act where such personnel or services do not currently exist and no appropriation is available from airport authorities and air carriers in such manner as the Administrator may determine. SEC. 111. AUTHORIZATION OF APPROPRIATIONS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 11. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated from the Federal Buildings Fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)) and from the Federal Aviation Administration such sums as may be necessary to carry out this Act.''.", "summary": "Federal Airports Security Enhancement Act - Amends Federal aviation law to direct the Administrator of the Federal Aviation Administration (FAA) to establish at each airport a Security Committee which shall make recommendations for minimum security counter-measures. Requires the Administrator, on the basis of such recommendations, to prescribe appropriate changes to improve the performance of existing airport security procedures.Requires the screening of passengers and property that will be carried in a cabin of an aircraft to be carried out by Federal Protective Service employees or agents. (Currently, screening is carried out by employees or agents of an air carrier, interstate air carrier, or foreign air carrier).Authorizes the Administrator of the General Services Administration (GSA) to appoint police officers and special agents (currently, special policemen and nonuniformed special policemen) for the policing of all Federal buildings (including buildings under the control of the GSA). Sets forth certain additional powers of such officers and agents, including the authority to carry firearms and to police areas adjacent to Federal property.Establishes the Federal Protective Service as a separate operating service of the GSA. Calls for at least 1,000 full-time equivalent Service police officers to be assigned to areas outside of airport operations. Requires the Commissioner of the Service to prescribe minimum employment and training standards to be applied in the contracting of security personnel for the policing of buildings and areas controlled by the United States and GSA. Authorizes GSA to recover airport security costs from the FAA."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Strategy to Destroy ISIS Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Since the civil war in Syria began in 2011, nearly 500,000 Syrians have been killed, including 50,000 children. (2) The ongoing civil war in Syria has been among the most disruptive and costly of this century, having displaced an estimated 4,900,000 refugees and an additional 6,300,000 internally displaced persons according to the United Nations High Commissioner for Refugees. (3) In June 2014 the self-described caliphate of the Islamic State of Iraq and al-Sham (ISIS) conquered territory in Syria and Iraq. (4) According to the House Committee on Homeland Security's Task Force on Combatting Terrorist and Foreign Fighter Travel, nearly 300,000 people from over 100 countries have traveled to the conflict zone in Iraq and Syria since 2011 to join or attempt to join terrorist groups, including ISIS. (5) According to CNN, ISIS has committed 143 attacks in 29 countries outside of Iraq and Syria, killing 2,043 people since June 2014. (6) According to the United Nations Assistance Mission for Iraq, over 27,000 Iraqi civilians have been killed since June 2014. (7) On March 17, 2016, Secretary of State John Kerry stated, ``Daesh is responsible for genocide against groups in areas under its control''. (8) On January 28, 2017, the President signed National Security Presidential Memo-3 to require the Secretary of Defense to submit to the President within 30 days a ``plan to defeat ISIS''. SEC. 3. STRATEGY TO DESTROY THE ISLAMIC STATE OF IRAQ AND AL-SHAM AND ITS AFFILIATES. (a) Strategy Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall jointly develop and submit to the appropriate committees of Congress a strategy to destroy the Islamic State of Iraq and al-Sham (ISIS) and its affiliates. (b) Elements of the Strategy.--The strategy required by subsection (a) shall include the following elements: (1) An update on the status and progress of the Global Coalition to Counter ISIS and specific actions being taken in conjunction with such Coalition to destroy and eliminate ISIS. (2) A strategy for the deployment of United States military assets, including ground combat forces, to train and equip allies, as well as potential direct confrontation with ISIS fighters and its affiliates. (3) A strategy for airstrikes and drone strikes in Iraq and Syria against ISIS senior leaders and infrastructure, as well as the viability of the use of airstrikes in conjunction with regional partners that face a significant threat from ISIS and its affiliates. (4) A plan to strengthen the capacity of the Iraqi Security Forces, the Kurdish Peshmerga, the Jordanian Armed Forces, the Afghanistan Security Forces, and others to counter gains by ISIS and its affiliates. (5) A plan to provide humanitarian assistance and relief, governance, and rule of law to regions previously impacted by ISIS and its affiliates. (6) Prevention of a reconstitution of ISIS or its affiliates in the region. (7) A strategy to pursue war crimes prosecutions against ISIS fighters through international fora. (8) Use of social media and other communication technologies to counter ISIS's propaganda, influence, and ability to recruit fighters domestically and internationally. (9) A strategy to deny financial resources, including revenues from natural resources extraction, sale of antiquities, kidnapping, extortion, and taxation, to ISIS and its affiliates. (c) Update.--The Secretary of Defense and the Secretary of State shall submit to the appropriate committees of Congress an update of the strategy required by subsection (a) at least once every 2 years after the date of the initial submission of the strategy. SEC. 4. STRATEGY TO BRING THE CIVIL WAR IN SYRIA TO A SUSTAINABLE END. (a) Strategy Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall jointly develop and submit to the appropriate committees of Congress a strategy to bring the civil war in Syria to a sustainable end. (b) Elements of the Strategy.--The strategy required by subsection (a) shall include the following elements: (1) A description of military and diplomatic actions to end the Syrian Civil War. (2) An assessment on the viability of safe zones for Syrian refugees displaced from their homes to allow such refugees to settle for an unspecified amount of time and live in peace and security. (3) A plan to bring the various moderate opposition factions and the Government of Syria to the negotiating table in order to find a peaceful solution to the conflict, and specifically includes plans for a transition of power from the presidency of Bashar al-Assad to a confederation of multi- sectarian and moderate parties that does not include any known radical Islamist groups in order to rebuild Syria. (4) A strategy to pursue war crimes prosecutions against Bashar al-Assad and Syrian government officials responsible for crimes against humanity. (5) A plan that will prevent the reconstitution of the ISIS in Syrian territory. SEC. 5. ASSESSMENT BY DIRECTOR OF NATIONAL INTELLIGENCE. Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress an assessment of the following: (1) The willingness and capabilities of coalition members and allies to defeat and destroy the Islamic State of Iraq and al-Sham (ISIS) and its affiliates with their own military assets. (2) The presence of ISIS or its affiliates in countries other than Syria, Iraq, Libya, Egypt, and Afghanistan. (3) Preventing radicalization of citizens of regional countries by ISIS and its affiliates and tactics used by countries to stop radicalization. (4) Assessment of the number of foreign fighters joining ISIS and its affiliates and tactics that can be used by countries with foreign fighter populations to prevent further recruitment. (5) Significant United States intelligence gaps concerning ISIS and its affiliates and the ability to carry out a regional strategy to defeat ISIS and its affiliates. SEC. 6. APPROPRIATE COMMITTEES OF CONGRESS DEFINED. In this Act, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate.", "summary": "Comprehensive Strategy to Destroy ISIS Act of 2017 This bill directs the Department of Defense (DOD) and the Department of State to jointly develop and submit to Congress: (1) a strategy to destroy the Islamic State of Iraq and al-Sham (ISIS) and its affiliates, (2) a biennial update of such strategy, and (3) a strategy to bring the civil war in Syria to a sustainable end. The Office of the Director of National Intelligence shall submit to Congress an assessment of: the willingness and capabilities of coalition members and allies to defeat ISIS with their own military assets; the presence of ISIS or its affiliates in countries other than Syria, Iraq, Libya, Egypt, and Afghanistan; preventing radicalization of citizens of regional countries by ISIS; the number of foreign fighters joining ISIS and tactics to prevent further recruitment; and significant U.S. intelligence gaps concerning ISIS and the ability to carry out a regional strategy to defeat it."}
{"article": "SECTION 1. CHARITABLE CONTRIBUTIONS OF COMPUTER EQUIPMENT AND SOFTWARE TO ELEMENTARY AND SECONDARY SCHOOLS AND TO QUALIFIED ORGANIZATIONS PROVIDING ASSISTANCE TO INDIVIDUALS WITH DISABILITIES. (a) In General.--Subsection (e) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Special rule for contributions of computer equipment and software used for educational purposes.-- ``(A) Limit on reduction.--In the case of a qualified educational contribution, the reduction under paragraph (1)(A) shall be no greater than the amount determined under paragraph (3)(B). ``(B) Qualified educational contribution.--For purposes of this paragraph, the term `qualified educational contribution' means a charitable contribution by a corporation of any computer software or computer or peripheral equipment, but only if-- ``(i) the contribution is to-- ``(I) an educational organization described in subsection (b)(1)(A)(ii), ``(II) a governmental unit described in subsection (c)(1), or ``(III) an organization described in section 501(c)(3) and exempt from taxation under section 501(a), or a governmental unit described in subsection (c)(1), that has documented experience and expertise at the community level in providing training and evaluation for information technology services and devices to individuals with disabilities, their parents, family members, guardians, advocates, or authorized representatives, ``(ii) the contribution is made not later than 3 years after the date the taxpayer acquired the property (or in the case of property constructed by the taxpayer, the date the construction of the property is substantially completed), ``(iii) substantially all of the use of the property by the donee is for use within the United States for educational purposes related to the purpose or function of the organization or unit, ``(iv) the original use of the property began with-- ``(I) the donee, in the case of property constructed by the taxpayer or property of the taxpayer described in section 1221(1), or ``(II) the taxpayer, in any case not described in subclause (I), ``(v) the property is not transferred by the donee in exchange for money, other property, or services, and ``(vi) the taxpayer receives from the donee a written statement representing that its use and disposition of the property will be in accordance with the provisions of clauses (iii) and (v). ``(C) Donations to charity for refurbishing.-- ``(i) In general.--For purposes of this paragraph, a charitable contribution by a corporation shall be treated as a qualified education contribution if-- ``(I) such contribution is a contribution of any computer or peripheral equipment to a qualified organization, and ``(II) the taxpayer receives from such organization a written statement representing that its use of the property (and any use by the organization or unit to which it donates the property) meets the needs of the donee and the requirements of clause (v) of subparagraph (B). ``(ii) Qualified organization.--For purposes of clause (i), an organization is a qualified organization if-- ``(I) the organization is described in section 501(c)(3) and exempt from taxation under section 501(a), and ``(II) a substantial part of the business of the organization is the repair and refurbishment of computers or peripheral equipment and the donation of such equipment to an organization or unit described in subparagraph (B)(i) for a purpose described in subparagraph (B)(iii). ``(D) Special rules.--For the purposes of this paragraph-- ``(i) Construction of property by taxpayer.--Paragraph (4)(C) shall apply. ``(ii) Refurbishment of property by taxpayer.--Property that is substantially refurbished by the taxpayer shall be treated as property constructed by the taxpayer. ``(E) Definitions.--For the purposes of this paragraph-- ``(i) Computer or peripheral equipment.-- The term `computer or peripheral equipment' has the meaning given such term by section 168(i)(2)(B). ``(ii) Computer software.--The term `computer software' has the meaning given such term by section 197(e)(3)(B). ``(iii) Educational purpose.--The term `educational purpose' includes administration incident to providing education. ``(iv) Disability.--The term `disability' has the meaning given such term by section 3(2) of the Americans with Disabilities Act of 1990. ``(v) Information technology.--The term `information technology' includes any computer or peripheral equipment, computer software, digital augmentative speech device, firmware, and services related thereto. ``(vi) Corporation.--The term `corporation' has the meaning given such term by paragraph (4)(D).'' (b) Computer Training.--Section 170 of such Code is amended by adding at the end the following new subsection: ``(n) Computer Training.-- ``(1) In general.--For purposes of this section, the term `charitable contribution' includes a contribution by a corporation of qualified computer training. ``(2) Qualified computer training.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified computer training' means training-- ``(i) provided by the taxpayer in the use of computer software or any computer or peripheral equipment (as defined in subsection (e)(6)(E)) contributed to the donee by the taxpayer for a purpose described in subsection (e)(6)(B)(iii), ``(ii) provided to an individual employed by an organization or unit described in subsection (e)(6)(B)(i), and ``(iii) for which the taxpayer receives from the donee a written statement representing that the training is not in exchange for money, other property, or services. ``(B) Time limitation.--Not more than 8 hours of training may be taken into account under subparagraph (A) with respect to each contribution. ``(C) Valuation.--For the purpose of this subsection, the value of the time of an individual who provides computer training shall be based on the usual wage rate of the individual.'' (c) Contribution of Digital Augmentative Speech Devices for Use by Individuals With Disabilities.--Subsection (e) of section 170 of the Internal Revenue Code of 1986, as amended by subsection (a) of this section, is further amended by adding at the end the following new paragraph: ``(7) Special rule for contributions of digital augmentative speech devices.-- ``(A) Limit on reduction.--In the case of a contribution or gift of a digital augmentative speech device to an entity described in subparagraph (B)-- ``(i) the reduction under paragraph (1)(A) shall be no greater than the amount determined under paragraph (3)(B), and ``(ii) qualified training in the use of such device shall be treated as a charitable contribution for purposes of this section. ``(B) Entity described.--An entity is described in this subparagraph if the entity is-- ``(i) described in section 501(c)(3) and exempt from taxation under section 501(a), or ``(ii) a governmental unit described in subsection (c)(1), that has documented experience and expertise at the community level in providing training and evaluation for information technology services and devices to individuals with disabilities, their parents, family members, guardians, advocates, or authorized representatives. ``(C) Qualified training.-- ``(i) In general.--The term `qualified training' means training in the use of a digital augmentative speech device contributed by the taxpayer under subparagraph (A) to an entity described in subparagraph (B) that is -- ``(I) provided by the taxpayer, ``(II) provided to an individual employed by such entity, and ``(III) for which the taxpayer receives from the donee a written statement representing that the training meets the requirements of subparagraph (D). ``(D) Limitations.-- ``(i) Exchange for money, etc.-- Subparagraph (A) shall not apply to property or training donated under this paragraph if such property is transferred by the donee in exchange for money, other property, or services. ``(ii) Time and valuation.--Subparagraphs (B) and (C) of paragraph (6) shall apply to training subject to this subparagraph. ``(E) Definitions.--For purposes of this paragraph, the terms `disability' and `information technology' have the meaning given such terms by subsection (e)(6)(E).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 2. REPORT ON EFFECTIVENESS OF CHARITABLE CONTRIBUTIONS OF COMPUTERS AND SOFTWARE IN MEETING EDUCATIONAL NEEDS OF STUDENTS. Not later than December 31, 1998, the Comptroller General of the United States shall conduct a study on the effectiveness of the enhanced charitable contribution under section 170(e)(6) of the Internal Revenue Code of 1986 (as amended by section 1 of this Act) in meeting educational needs of students in the United States. The Comptroller General shall submit the report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. SEC. 3. DONATIONS TO UNDERPRIVILEGED SCHOOLS. It is the sense of Congress that one of the main purposes of the enhanced charitable deduction under section 170(e)(6) of the Internal Revenue Code of 1986 (as amended by section 1 of this Act) is to encourage the donation of computer equipment and software to-- (1) schools serving low income communities; (2) schools whose fiscal year budgets are below the applicable State-wide norm; and (3) schools at which student test scores are substantially below the State-wide norm.", "summary": "Amends the Internal Revenue Code to set forth a special rule for the donation by a corporation, as a charitable deduction, of computer equipment and software, as well as related training, to elementary and secondary schools and to qualified organizations providing assistance to disabled individuals. Directs the Comptroller General to report concerning such deductions. Expresses the sense of the Congress that one of the main purposes of such enhanced charitable deduction is to encourage the donation of computer equipment and software to: (1) schools serving low income communities; (2) schools with budgets below applicable norms; and (3) schools with student test scores below the norm."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Contact Lens Consumer Health Protection Act of 2016''. SEC. 2. IMPROVEMENT OF CONTACT LENS PRESCRIBER VERIFICATION PROCESS. (a) In General.--Section 4 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7603) is amended-- (1) in subsection (c), by adding at the end the following: ``(7) A toll-free telephone number and email address for prescribers to call or email with questions relating to a verification request, as required under subsection (i).''; (2) in subsection (d)(3)-- (A) by striking ``, or a similar time as defined by the Federal Trade Commission,''; (B) by inserting ``(A)'' before ``The prescriber''; and (C) by adding at the end the following: ``(B) If a prescriber communicates a question or concern about the accuracy of the prescription, or any other matter relating to the verification of the prescription, to a seller through the toll-free telephone service or dedicated email address required under subsection (i) before such 8-business- hour period has ended, the prescription shall be considered unverified until the seller obtains affirmative confirmation of the accuracy of the prescription from the prescriber.''; (3) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; (4) by amending subsection (f), as redesignated by paragraph (3), to read as follows: ``(f) Invalid Prescriptions and Questions Concerning Accuracy.-- ``(1) Invalid prescriptions.--If a prescriber informs a seller before the deadline set forth in subparagraph (A) of subsection (d)(3) that the contact lens prescription is inaccurate, expired, or otherwise invalid-- ``(A) the seller shall not fill the prescription; and ``(B) the prescriber shall specify the basis for the inaccuracy or invalidity of the prescription. ``(2) Questions concerning accuracy.--If a prescriber communicates a question or concern about the accuracy of a prescription as described in subsection (d)(3)(B) before the deadline set forth in such subsection-- ``(A) the seller shall not fill the prescription; and ``(B) the prescriber shall provide the seller with an accurate prescription. ``(3) Correction.--In any case, if the prescription communicated by the seller to the prescriber is inaccurate, the prescriber shall correct it.''; (5) by adding after subsection (d) the following: ``(e) Prescriber Preferred Method of Communication.-- ``(1) In general.--A prescriber may provide written notification to a seller requesting that all requests for verification from that seller be communicated to that prescriber by that prescriber's preferred method or methods of communication, selected from among the methods of communication offered by the seller pursuant to paragraph (2). ``(2) Methods offered.--Each seller shall offer a prescriber methods for communication for selection as the prescriber's preferred method or methods of communication under paragraph (1). Such offer-- ``(A) shall include-- ``(i) live telephone; ``(ii) facsimile; and ``(iii) email; and ``(B) may include such additional methods of communication as the seller considers appropriate. ``(3) Requirement.--In a case in which a prescriber, pursuant to paragraph (1), provides written notification to a seller indicating a preferred method or methods of communication as described in such paragraph, the seller may only request verification from the prescriber through the method or methods indicated.''; and (6) by inserting after subsection (h), as redesignated by paragraph (3), the following: ``(i) Telephone Service and Dedicated Email Address.-- ``(1) In general.--A seller of contact lenses who requests verification of any contact lens prescription shall provide-- ``(A) a toll-free telephone service that is operable during regular business hours and operated by live persons; and ``(B) a dedicated email address for the sole purpose of responding to prescribers' questions and concerns regarding verification requests. ``(2) Capacity.--Such toll-free telephone service shall maintain a sufficient number of working telephone lines operated by live persons to enable ready access by prescribers to the service.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. SEC. 3. MODIFICATION OF PROHIBITION ON ALTERATION OF CONTACT LENS PRESCRIPTIONS. (a) In General.--Subsection (f) of section 4 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7603) is amended to read as follows: ``(f) No Alteration.-- ``(1) In general.--A seller may not alter a contact lens prescription and when dispensing a contact lens prescription, may only dispense such prescription exactly as written by the prescriber. ``(2) Private labels.--In a case in which a private label contact lens is included on the contact lens prescription and the same contact lens is manufactured by the same company and sold under multiple labels to individual providers, the seller may fill the prescription with a contact lens of exactly the same material, design, and power as manufactured by that company under another label.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. SEC. 4. REQUIREMENTS FOR IMPROVED RECORDKEEPING BY SELLERS OF CONTACT LENSES. Section 4(b) of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7603(b)) is amended-- (1) by striking ``A seller'' and inserting the following: ``(1) Communications generally.--A seller''; and (2) by adding at the end the following: ``(2) Prescriptions.--Each seller shall maintain a database that includes, for each prescription received by a seller, the following: ``(A) The date on which the prescription was issued. ``(B) The specified expiration date of the prescription. ``(3) Preferred methods of communication.--For each written notification that a seller receives under subsection (e)(1), the seller shall keep a copy of such notification for a period of not less than 3 years.''. SEC. 5. PROHIBITION ON REPRESENTATION IN ADVERTISING THAT PRESCRIPTIONS FOR CONTACT LENSES MAY BE FILLED AFTER EXPIRATION DATE. Section 6 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7605) is amended-- (1) by striking ``that contact'' and inserting the following: ``that-- ``(1) contact''; (2) in paragraph (1), as designated by paragraph (1) of this section, by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(2) a prescription for a contact lens may be filled after the expiration date of the prescription.''. SEC. 6. INCREASED PENALTIES FOR SELLERS OF CONTACT LENSES WHO VIOLATE REQUIREMENTS RELATING TO PRESCRIBER VERIFICATION. (a) In General.--Subsection (b) of section 9 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7608) is amended by striking the period at the end and inserting ``, except that fines imposed for a violation of section 4 of this Act may be in an amount up to $40,000 per violation.''. (b) Clarification of Applicability.--Such section is further amended by adding at the end the following new subsection: ``(c) Applicability.--This chapter shall apply to all sales of contact lenses in the United States and the sellers involved in such sales, notwithstanding where the seller is located.''. SEC. 7. CONTACT LENS CONSUMER COMPLIANCE AND SAFETY STUDY. (a) Study Required.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall conduct a study to examine the adverse and potentially adverse effects on consumers of violations by sellers of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7601 et seq.), as amended by section 2, particularly with respect to matters regarding prescription verification, business practices, and enforcement by the Federal Trade Commission of such Act. (b) Elements.--The study required by subsection (a) shall specifically address the following: (1) The overfilling of prescriptions with quantities of lenses such that the normal expiration dates of the prescriptions will be exceeded. (2) The dispensing of prescriptions that have expired or are inaccurate. (3) The failure by a seller to allow prescribers to contact the seller within 8 business hours to advise that a prescription is inaccurate or expired. (4) The health risks to the consumer of receiving an incorrect prescription from a seller, or issues with patient access to the medically prescribed contact lenses. (5) The economic risks to the consumer of receiving an incorrect prescription from a seller. (6) The improper advertising to consumers about what constitutes a valid prescription or valid prescription information, or advertising that no prescription is needed. (7) Such other matters regarding the effects on the health of the consumers from violations of the verification or sales requirements of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7601 et seq.) as the Secretary considers appropriate. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress and the Federal Trade Commission a report on the study required by subsection (a). SEC. 8. MODIFICATION OF DEFINITIONS. (a) In General.--Section 11 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7610) is amended-- (1) in paragraph (3), by amending subparagraph (E) to read as follows: ``(E) Power, material, manufacturer, or device name.''; and (2) by adding at the end the following: ``(4) Business hour.--The term `business hour' means, with respect to a prescriber, any hour during a business day within the period beginning at 9:00 in the morning and ending at 5:00 in the evening in the time zone of the prescriber. ``(5) Business day.--The term `business day' means any day other than Saturday and Sunday and other than a legal holiday (within the meaning of section 7503 of the Internal Revenue Code of 1986).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.", "summary": "Contact Lens Consumer Health Protection Act of 2016 This bill amends the Fairness to Contact Lens Consumers Act to require contact lens sellers to provide a toll-free telephone number and email address that prescribers can use to ask questions about a seller's prescription verification request. Under current law, a prescription is considered verified if the prescriber fails to communicate with the seller within eight business hours after receiving the seller-provided verification information. The bill requires the prescription to be considered unverified until the seller obtains affirmative confirmation of the accuracy of the prescription from the prescriber in cases where a prescriber communicates a question or concern about the accuracy or verification of the prescription to a seller through the toll-free telephone service or email address before the end of that eight-hour period. The bill removes the Federal Trade Commission's authority to adjust the eight-hour period. If a prescriber communicates a question or concern about the accuracy of a prescription before the deadline: (1) the seller shall not fill the prescription, and (2) the prescriber shall provide the seller with an accurate prescription. Sellers must offer prescribers different communication methods that the prescribers may select as their preferred method for verification requests. The bill allows a seller to alter a prescription only if: (1) a private label contact lens is included on the prescription and the same contact lens is manufactured by the same company and sold under multiple labels to individual providers; and (2) the seller fills the prescription with a contact lens of exactly the same material, design, and power as manufactured by that company under another label. Sellers must maintain a database of the issuance and expiration dates of each prescription they receive. The bill prohibits advertisements representing that a contact lens prescription may be filled after the prescription expires. Sellers violating certain prescriber verification requirements are subject to increased penalties of up to $40,000 per violation. Such requirements apply to all contact lens sales in the United States, notwithstanding where the seller is located. The Centers for Disease Control and Prevention must examine the potentially adverse effects of seller violations on consumers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Human Rights Protection Act of 1993''. SEC. 2. CONGRESSIONAL DECLARATION. The Congress makes the following findings and declarations: (1) It is the sense of Congress that the State Department should designate within the appropriate bureau a special assistant to the Assistant Secretary to promote international women's human rights within the overall human rights policy of the United States Government. (2) The purpose of assigning a special assistant on women's human rights issues is not to segregate such issues, but rather to assure that they are considered along with other human rights issues in the development of United States foreign policy. (3) A specifically designated special assistant is necessary because within the human rights field and the foreign policy establishment, the issues of gender-based discrimination and violence against women have long been ignored or made invisible. (4) The Congress believes that abuses against women would have greater visibility and protection of women's human rights would improve if the advocate were responsible for integrating women's human rights issues into United States human rights policy in ways including, but not limited to, the following: (A) The designated women's human rights advocate would seek to assure that the issue of abuses against women, along with human rights issues generally, are a factor in determining appropriate recipients for United States bilateral assistance as well as United States votes at the multilateral development banks. (B) The advocate would work with the regional bureaus of the Department of State to devise strategies for the executive branch to bring pressure to bear on governments that engage in violence or systematic discrimination against women or fail to afford equal treatment of women before the law. (C) The advocate would, in consultation with the bureau responsible for international organizations, pursue strategies to increase the visibility and integration of gender-based persecution and violence in multilateral fora including, but not limited to, the United States Commission on Human Rights and the Working Group on Torture. (D) The advocate would seek to assure that the United States Trade Representative conduct inquiries and take steps to prevent countries from receiving trade benefits under the Generalized System of Preferences and most favored nation status where governments fail to address violence, systematic discrimination, and exploitation of women workers. (E) The advocate would seek to assure that the protection of women's human rights, including womens' participation in the political process, women's right to freedom of association and expression, and freedom from discrimination, would be addressed in the context of United States funded programs in the area of democracy including, but not limited to, democracy programs at the Agency for International Development (AID), democracy programs for Eastern Europe funded by the Support Eastern European Democracy (SEED) legislation, and new programs that may be contemplated. (F) The advocate would seek to assure that United States assistance programs in the area of administration of justice include efforts to redress violations of women's rights. (G) The advocate would work with AID and the appropriate office at the Department of State to secure funding for programs to meet the needs of women victims of human rights abuses including, but not limited to, medical and psychological assistance for rape victims. (H) The advocate would work to assure United States ratification of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and oversee the preparation of reports pursuant to that Convention. (I) The advocate would seek to upgrade the quality and quantity of information about abuses of women's human rights in the reporting from United States embassies overseas, incorporate that information not only in the State Department Country Reports on Human Rights, but also in other public statements and documents including, but not limited to, congressional testimony and private demarches. SEC. 3. REPORT TO CONGRESS. (a) Report.--Not later than one year after the date of enactment of this Act, the Secretary of State shall submit a report to the Congress on the steps taken to create the position described in section 2 or to otherwise fulfill the objectives detailed in that section. (b) United States Ratification of CEDAW.--If the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has not been submitted to the Senate for ratification, not more than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Congress on the administration's position on the ratification of CEDAW and timetable for submission of CEDAW for congressional consideration and approval.", "summary": "Women's Human Rights Protection Act of 1993 - Directs the Secretary of State to report to the Congress on steps taken to create a special assistant to the Assistant Secretary of State to promote international women's human rights or to fulfill other specified objectives concerning such rights. Requires the Secretary, if the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has not been submitted to the Senate for ratification, to report to the Congress on the Administration's position on ratification and the timetable for submission of CEDAW for congressional approval."}
{"article": "SECTION 1. INCENTIVES FOR INFRASTRUCTURE INVESTMENTS. (a) Infrastructure Income To Be Qualifying Income for Purposes of Determining Publicly Traded Partnership Status.-- (1) In general.--Paragraph (1) of section 7704(d) of the Internal Revenue Code of 1986 (defining qualifying income) is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) income and gains from the use, sale, or exchange of infrastructure property,''. (2) Infrastructure property.--Subsection (d) of section 7704 of such Code is amended by adding at the end the following new paragraph: ``(6) Infrastructure property.--The term `infrastructure property' means property which is part of any of the following: ``(A) Roads and related improvements. ``(B) Train tracks and related improvements. ``(C) Airports. ``(D) Docks and wharves. ``(E) Facilities for the furnishing of water. ``(F) Sewage facilities. ``(G) Solid waste disposal facilities. ``(H) Facilities for the generation, transmission, and distribution of electricity, including property described in clause (iii) or (iv) of section 168(e)(3)(D). ``(I) Facilities for the transmission and distribution of natural gas. ``(J) Communications facilities. For purposes of subparagraphs (A) and (B), related improvements include bridges, tunnels, and traffic control equipment.''. (b) Expansion of Deduction for Domestic Production Activities in the Case of Publicly Traded Partnerships.-- (1) Reduction for oil related qualified production activities income not to apply.--Paragraph (9) of section 199(d) of such Code is amended by adding at the end the following new subparagraph: ``(D) Exception for income from publicly traded partnerships.--Subparagraph (A) shall not apply to income derived from any publicly traded partnership (as defined in section 7704(b)).''. (2) Distribution and transmission activities of a publicly traded partnership to be eligible.--Subparagraph (B) of section 199(c)(4) of such Code is amended by adding at the end the following new flush sentence: ``Clause (ii) shall not apply to the activities of a publicly traded partnership (as defined in section 7704(b)).''. (c) Infrastructure Property Treated as 5-Year Property.-- (1) In general.--Subparagraph (B) of section 168(e)(3) of such Code is amended by striking ``and'' at the end of clause (vi), by striking the period at the end of clause (vii) and inserting ``, and'', and by inserting after clause (vii) the following new clause: ``(viii) infrastructure property (as defined in section 7704(d)(6)).''. (2) Conforming amendments.-- (A) Subparagraph (C) of section 168(e)(3) of such Code is amended by striking clause (i) and by redesignating the succeeding clauses accordingly. (B) Subparagraph (D) of such section is amended by adding ``and'' at the end of clause (i), by striking ``, and'' at the end of clause (ii) and inserting a period, and by striking clauses (iii) and (iv). (C) Subparagraph (E) of such section is amended by striking clauses (i), (ii), and (vii) and by redesignating clauses (iii), (iv), (v), (vi), (viii), and (ix) as clauses (i), (ii), (iii), (iv), (v), and (vi), respectively. (D) Subparagraph (F) of such section is hereby repealed. (E) Subsection (e) of section 168 of such Code is amended by striking paragraphs (4) and (5) and by redesignating the succeeding paragraphs accordingly. (F) The table contained in section 168(g)(3)(B) of such Code is amended by striking the item relating to subparagraph (C)(i) and all that follows and inserting the following: ------------------------------------------------------------------------ ``(C)(ii).................................................. 22 (C)(iii)................................................... 14 (D)(i)..................................................... 15 (D)(ii).................................................... 20 (E)(i)..................................................... 20 (E)(ii).................................................... 39 (E)(iii)................................................... 39 (E)(iv).................................................... 20 (E)(v)..................................................... 35 (E)(vi).................................................... 39''. ------------------------------------------------------------------------ (d) Like-Kind Exchange Treatment for Exchanges of Infrastructure Property.--Section 1031 of such Code (relating to exchange of property held for productive use or investment) is amended by adding at the end the following new subsection: ``(j) All Infrastructure Property Treated as Like Kind.--Except as provided in subsection (h), each real property-- ``(1) which is infrastructure property (as defined in section 7704(d)(6)), and ``(2) which is held for productive use in a trade or business or for investment, shall be treated as being of a like kind to every other real property which is infrastructure property (as so defined) and which is so held.''. (e) Effective Dates.-- (1) In general.--Except as provided in paragraphs (2) and (3), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Depreciation.--The amendments made by subsection (c) shall apply to property placed in service after the date of the enactment of this Act in taxable years ending after such date. (3) Exchanges.--The amendment made by subsection (d) shall apply to transfers after the date of the enactment of this Act in taxable years ending after such date.", "summary": "Amends the Internal Revenue Code to: (1) treat income and gains from the use, sale, or exchange of infrastructure property as qualifying income for purposes of the tax treatment of publicly-traded partnerships; (2) exempt publicly-traded partnerships from the limitation on the tax deduction for income attributable to oil-related qualified production activities; (3) allow accelerated depreciation of infrastructure property (i.e., classify such property as five-year property); and (4) treat exchanges of infrastructure property as like-kind exchanges (thus exempting gain from such exchanges from tax). Defines \"infrastructure property\" as property which is part of: (1) roads and related improvements; (2) train tracks and related improvements; (3) airports; (4) docks and wharves; (5) facilities for sewage, solid waste disposal, the furnishing of water, the transmission and distribution of natural gas, or the generation, transmission, and distribution of electricity; or (6) communications facilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Pharmacy Protection Act of 2006''. SEC. 2. IMPROVING MEDICARE PRESCRIPTION DRUG PLAN PAYMENTS TO PHARMACIES. (a) In General.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(4) Payments to pharmacies.-- ``(A) In general.--Each contract entered into with a PDP sponsor under this section with respect to a prescription drug plan offered by such sponsor shall provide for the following: ``(i) Availability of direct deposit payments.--The option for any participating pharmacy to elect for the plan to make payments by direct deposits to the pharmacy for covered part D drugs dispensed through the pharmacy. ``(ii) Increased dispensing fee for generic drugs.--The payment of dispensing fees by the plan to each participating pharmacy for covered part D drugs dispensed through the participating pharmacy, in accordance with subparagraph (B). ``(iii) Payments within 10 days for certain pharmacies.--In the case of a participating pharmacy that is not part of a chain of pharmacies that consists of more than three pharmacies at different locations, payment with respect to any non-disputed claim (as defined in subparagraph (C)) for a covered part D drug dispensed through the pharmacy to be made by the plan to the pharmacy in full by a date that is not more than 10 days after the date on which the claim is received by the plan. ``(B) Payment of dispensing fees to encourage use of generic drugs.-- ``(i) In general.--For purposes of subparagraph (A)(ii) and subject to clauses (ii) and (iii), with respect to a generic covered part D drug that is therapeutically equivalent and bioequivalent to a brand name drug that is a covered part D drug dispensed through a participating pharmacy, the amount of the dispensing fee paid to the pharmacy for the generic covered part D drug shall be an amount that is at least 50 percent greater than the amount of the dispensing fee for the brand name drug. ``(ii) Cap on amount of dispensing fees for generic drugs.--For purposes of subclause (i), the amount of the dispensing fee paid to a participating pharmacy for a generic covered part D drug shall not be more than $10. ``(iii) Safe harbor for brand name drug dispensing fee amounts.-- ``(I) In general.--For purposes of clause (i) and subject to subclause (II), a prescription drug plan under this section shall not decrease the amount of the dispensing fee paid by the plan to a participating pharmacy for a brand name drug described in such clause to an amount that is less than the amount of the dispensing fee paid by such plan to such pharmacy for such drug on the date of the enactment of the `Independent Pharmacy Protection Act of 2006'. ``(II) Exception.--The Secretary may waive the prohibition under subclause (I) with respect to a dispensing fee paid by a prescription drug plan for a brand name drug, as the Secretary determines appropriate. ``(C) Non-disputed claim defined.--For purposes of subparagraph (A)(iii), a `non-disputed claim' means a claim that has no defect or impropriety or particular circumstance requiring special treatment that prevents timely payment from being made under this part.''. (b) Application to MA-PD Plans.--Section 1857(e) of such Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following new paragraph: ``(4) Incorporation of prescription drug plan contract requirements for pharmacy payments.--The provisions of section 1860D-12(b)(4) shall apply to contracts with a Medicare Advantage organization in the same manner as they apply to contracts with a PDP sponsor offering a prescription drug plan under part D.''. (c) Effective Date.--The amendments made by this Act shall apply to plan years beginning on or after the date of the enactment of this Act.", "summary": "Independent Pharmacy Protection Act of 2006 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require each prescription drug plan contract entered into with a plan sponsor to provide for: (1) the availability of direct deposit payments; (2) an increased dispensing fee for generic drugs; and (3) payments within 10 days for certain pharmacies. Requires the dispensing fee paid to a participating pharmacy for a generic covered part D drug therapeutically equivalent and bioequivalent to a brand name covered part D drug dispensed through the pharmacy to be at least 50% greater than the dispensing fee for the brand name drug. Limits to $10 the dispensing fee paid to a participating pharmacy for a generic covered part D drug. Prohibits a prescription drug plan, subject to exception by the Secretary of Health and Human Services, from decreasing the dispensing fee paid to a participating pharmacy for a brand name drug to an amount less than the dispensing fee paid for it on the date of enactment of this Act. Applies this Act to contracts with a Medicare Advantage organization in the same manner as they apply to those with a prescription drug plan sponsor."}
{"article": "SECTION 1. SHORT TITLE; AMENDMENTS OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Natural Disaster Tax Relief Act of 1993''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED WITHOUT PENALTY TO REPLACE HOMES. (a) In General.--No additional tax shall be imposed under section 72(t) of the Internal Revenue Code of 1986 on any distribution described in subsection (b) to the extent such distribution is used, within 60 days of the distribution, to pay qualified acquisition costs with respect to a principal residence of an eligible individual. (b) Distributions.--Subsection (a) shall apply to distributions-- (1) from an individual retirement plan, or (2) from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) of the Internal Revenue Code of 1986 or section 501(c)(18)(D)(iii) of such Code. (c) Definitions and Special Rules.-- (1) Eligible individual.--The term ``eligible individual'' means an individual-- (A) who receives a distribution described in subsection (b), or who is the spouse, child, or grandchild of such individual, and (B) whose principal residence was destroyed or substantially damaged by Hurricane Andrew, Hurricane Iniki, or Typhoon Omar. (2) Qualified acquisition costs.--The term ``qualified acquisition costs'' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing, or other closing costs. (3) Principal residence.--The term ``principal residence'' has the same meaning as when used in section 1034 of such Code. (4) Distributions allowed.--A distribution to which subsection (a) applies shall be treated as a distribution allowed under section 401(k)(2)(B)(i) or 403(b)(11) of such Code. (5) Transition.--In the case of any distribution before the date of the enactment of this Act, qualified acquisition costs paid within 90 days of such date shall be treated as paid within 60 days of the distribution. (d) Effective Date.--This section shall apply to distributions after July 31, 1992. SEC. 3. SPECIAL RULE FOR INCLUSION OF CROP PROCEEDS OF CERTAIN DISASTER VICTIMS. (a) In General.--If, for the taxpayer's taxable year which includes the designation date described in subsection (b), the taxpayer has income derived from the sale or exchange of crops grown in a qualified disaster area, the taxpayer may elect to include such income for the taxable year following the taxable year in which such sale or exchange occurs. (b) Qualified Disaster Area.--For purposes of subsection (a), the term ``qualified disaster area'' means an area designated by the President of the United States to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Andrew, Hurricane Iniki, or Typhoon Omar. (c) Limitation.--Subsection (a) shall apply only to a taxpayer whose principal trade or business is farming (within the meaning of section 6420(c)(3) of the Internal Revenue Code of 1986). (d) Special Rules for Self-Employment Tax.--If, for any taxable year, a taxpayer includes in gross income any amounts which, but for subsection (a), would have been included in gross income for the preceding taxable year, then the applicable contribution base for purposes of section 1402(b) of such Code for the taxable year of inclusion shall be increased by the lesser of-- (1) the applicable contribution base for the preceding taxable year, reduced by the self-employment income of the taxpayer for the preceding taxable year, or (2) the amounts so included in gross income for the taxable year of inclusion. (e) Effective Date.--The provisions of this section shall apply to taxable years ending after December 31, 1991. SEC. 4. MODIFICATION OF INVOLUNTARY CONVERSION RULES FOR CERTAIN DISASTER-RELATED CONVERSIONS. (a) In General.--Section 1033 (relating to involuntary conversions) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Special Rules for Principal Residences Damaged by Presidentially Declared Disasters.-- ``(1) In general.--If the taxpayer's principal residence or any of its contents is compulsorily or involuntarily converted as a result of a Presidentially declared disaster-- ``(A) Treatment of insurance proceeds.-- ``(i) Exclusion for unscheduled personal property.--No gain shall be recognized by reason of the receipt of any insurance proceeds for personal property which was part of such contents and which was not scheduled property for purposes of such insurance. ``(ii) Other proceeds treated as common fund.--In case of any insurance proceeds (not described in clause (i)) for such residence or contents-- ``(I) such proceeds shall be treated as received for the conversion of a single item of property, and ``(II) any property which is similar or related in service or use to the residence so converted (or contents thereof) shall be treated for purposes of subsection (a)(2) as property similar or related in service or use to such single item of property. ``(B) Extension of replacement period.--Subsection (a)(2)(B) shall be applied with respect to any property so converted by substituting `4 years' for `2 years'. ``(2) Presidentially declared disaster.--For purposes of this subsection, the term `Presidentially declared disaster' means any disaster which, with respect to the area in which the residence is located, resulted in a subsequent determination by the President that such area warrants assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(3) Principal residence.--For purposes of this subsection, the term `principal residence' has the same meaning as when used in section 1034, except that no ownership requirement shall be imposed.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property compulsorily or involuntarily converted as a result of disasters for which the determination referred to in section 1033(h)(2) of the Internal Revenue Code of 1986 (as added by this section) is made on or after September 1, 1991, and to taxable years ending on or after such date. SEC. 5. APPLICATION OF LOW-INCOME HOUSING CREDITS AND MORTGAGE REVENUE BONDS TO NATURAL DISASTER AREAS. (a) Low-Income Housing Credits.-- (1) Waiver of 24-month completion requirement.--In the case of any qualified building located in a qualified disaster area with respect to which a low-income housing allocation is made before the occurrence of the natural disaster, the Secretary may extend the period described in section 42(h)(1)(E)(i) of the Internal Revenue Code of 1986 to not later than the close of the fourth calendar year following the calendar year in which the allocation is made. (2) Waiver of written income verification requirement.-- (A) In general.--With respect to any occupant of a low-income unit in any qualified low-income building located in a qualified disaster area or any such occupant in any other qualified low-income building who immediately prior to such occupation resided in a qualified disaster area, the Secretary may waive the requirements of paragraphs (1) and (2) of section 42(l) of such Code regarding occupant income information until such information is reasonably obtainable. (B) Discovery of ineligibility.--If upon receipt of occupant income information the income of any occupant of a low-income unit in the building is determined to exceed the income limitation under section 42(g) of such Code, such unit shall continue to be treated as a low-income unit if no subsequently available residential rental unit in the building is occupied by a new resident whose income exceeds such income limitation and such occupant vacates the unit upon the later of the lease termination or 30 days after receipt of such information by the Secretary. (3) Waiver of tenant income limitations.--With respect to any tenant occupying a unit in a qualified low-income housing project located in a qualified disaster area who relocates to any other unit of a qualified low-income housing project, the Secretary may waive the income limitation of subparagraph (A) or (B) of section 42(g)(1) of such Code if the income of such tenant does not exceed 140 percent of such income limitation. (4) Waiver of 6-month residence requirement.--With respect to any unit in a building located in a qualified disaster area or any unit occupied by individuals who immediately prior to such occupation resided in a qualified disaster area, the Secretary may waive the requirement of clause (i) of section 42(i)(3)(B) of such Code and allow the use of such unit on a transient basis. (5) Waiver on 10-year rule for existing buildings.--The Secretary may waive the requirement of subparagraph (B)(ii) of section 42(d)(2) of such Code with respect to any building located in a qualified disaster area. (6) Waiver of the national pool allocation.--The Secretary may modify the formula described in the penultimate sentence of section 42(h)(3)(D)(iii) of such Code for any calendar year with respect to the allocation to any qualified State in which is located a qualified disaster area to increase such allocation to take into account the effects of such disaster. (7) Effective date.--This subsection shall take effect on July 1, 1992. (b) Waiver of Dollar Limitation for Home Improvement Loans for Residences in Qualified Disaster Areas.--The $15,000 limitation specified in the last sentence of section 143(k)(4) of such Code shall not apply to any loan for residences located in a qualified disaster area if such loan is made on or after June 30, 1992, and before January 1, 1994. (c) Qualified Disaster Area.--For purposes of this section, the term ``qualified disaster area'' means an area designated by the President of the United States to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Andrew, Hurricane Iniki, or Typhoon Omar.", "summary": "Natural Disaster Tax Relief Act of 1993 - Amends the Internal Revenue Code to allow penalty-free distributions from individual retirement plans to pay acquisition costs to replace a principal residence that was destroyed or substantially damaged by the disasters Hurricane Andrew, Hurricane Iniki, or Typhoon Omar. Allows a farmer who has income derived from the sale or exchange of crops grown in such disaster areas, to elect to defer such income for the next taxable year. Provides a special rule for the self-employment tax. Requires the nonrecognition of gain of insurance proceeds for the contents of principal residences compulsorily or involuntarily converted as a result of a presidentially-declared disaster. Allows insurance proceeds from personal property and real property to be lumped together into one common fund. Extends the time to replace a principal residence so converted from two years to four years. Waives certain requirements with respect to low-income housing in areas damaged by the disasters Hurricane Andrew, Hurricane Iniki, or Typhoon Omar. Waives the dollar limitation for home improvement loans through mortgage revenue bonds for residences in such disaster areas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Return of Talent Act''. SEC. 2. RETURN OF TALENT PROGRAM. (a) In General.--Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the following: ``temporary absence of persons participating in the return of talent program ``Sec. 317A. (a) In General.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall establish the Return of Talent Program to permit eligible aliens to temporarily return to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in post-conflict or natural disaster reconstruction activities, for a period not exceeding 24 months, unless an exception is granted under subsection (d). ``(b) Eligible Alien.--An alien is eligible to participate in the Return of Talent Program established under subsection (a) if the alien meets the special immigrant description under section 101(a)(27)(N). ``(c) Family Members.--The spouse, parents, siblings, and any minor children of an alien who participates in the Return of Talent Program established under subsection (a) may return to such alien's country of citizenship with the alien and reenter the United States with the alien. ``(d) Extension of Time.--The Secretary of Homeland Security may extend the 24-month period referred to in subsection (a) upon a showing that circumstances warrant that an extension is necessary for post- conflict or natural disaster reconstruction efforts. ``(e) Residency Requirements.--An immigrant described in section 101(a)(27)(N) who participates in the Return of Talent Program established under subsection (a), and the spouse, parents, siblings, and any minor children who accompany such immigrant to that immigrant's country of citizenship, shall be considered, during such period of participation in the program-- ``(1) for purposes of section 316(a), physically present and residing in the United States for purposes of naturalization within the meaning of that section; and ``(2) for purposes of section 316(b), to meet the continuous residency requirements in that section. ``(f) Oversight and Enforcement.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall oversee and enforce the requirements of this section.''. (b) Table of Contents.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 317 the following: ``317A. Temporary absence of persons participating in the Return of Talent Program.''. SEC. 3. ELIGIBLE IMMIGRANTS. Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended-- (1) in subparagraph (L), by inserting a semicolon after ``Improvement Act of 1998''; (2) in subparagraph (M), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(N) an immigrant who-- ``(i) has been lawfully admitted to the United States for permanent residence; ``(ii) demonstrates an ability and willingness to make a material contribution to the post-conflict or natural disaster reconstruction in the alien's country of citizenship; and ``(iii) as determined by the Secretary of State in consultation with the Secretary of Homeland Security-- ``(I) is a citizen of a country in which Armed Forces of the United States are engaged, or have engaged in the 10 years preceding such determination, in combat or peacekeeping operations; ``(II) is a citizen of a country where authorization for United Nations peacekeeping operations was initiated by the United Nations Security Council during the 10 years preceding such determination; or ``(III) is a citizen of a country which received, during the preceding 2 years, funding from the Office of Foreign Disaster Assistance of the United States Agency for International Development in response to a declared disaster in such country by the United States Ambassador, the Chief of the U.S. Mission, or the appropriate Assistant Secretary of State, that is beyond the ability of such country's response capacity and warrants a response by the United States Government.''. SEC. 4. REPORT TO CONGRESS. Not later than 2 years after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit a report to Congress that describes-- (1) the countries of citizenship of the participants in the Return of Talent Program established under section 317A of the Immigration and Nationality Act, as added by section 2; (2) the post-conflict or natural disaster reconstruction efforts that benefitted, or were made possible, through participation in the program; and (3) any other information that the Secretary of Homeland Security determines to be appropriate. SEC. 5. REGULATIONS. Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out this Act and the amendments made by this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Bureau of Citizenship and Immigration Services for fiscal year 2008, such sums as may be necessary to carry out this Act and the amendments made by this Act.", "summary": "Return of Talent Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish the Return of Talent Program to permit an eligible immigrant alien (as defined by this Act) and certain family members to return for up to 24 months (with an extension available) to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in post-conflict or natural disaster reconstruction activities. States that during such absence the alien and family members shall be considered to be physically and continuously present and residing in the United States for naturalization purposes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifelong Improvements in Food and Exercise (LIFE) Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Currently, 64.5 percent of adults in the United States, age 20 years and older, are overweight and 30.5 percent of them are obese. (2) Data from two National Health and Nutrition Examination Surveys show that among adults aged 20-74 years the prevalence of obesity increased from 15.0 percent in the 1976-1980 survey to 32.9 percent in the 2003-2004 survey. (3) 50 percent of women aged 20 to 74 are overweight or obese in the United States according to the National Women's Health Information Center. (4) In 2003-04, of children and adolescents 2-19 years of age more than 12,500,000 (or 17.1 percent) were overweight, and of adults more than 66,000,000 (or 32.2 percent) were obese. Almost 5 percent of adults were extremely obese. (5) The percentage of children who are overweight has more than doubled, and among adolescents the rates have more than tripled, since 1980 increasing from 5 percent to 17.1 percent. (6) More than 50 percent of adults in the United States do not get enough physical activity and national data have shown an increase in the calorie consumption of adults. (7) About two-thirds of young people in grades 9-12 are not engaged in recommended levels of physical activity. Daily participation in high school physical education classes dropped from 42 percent in 1991 to 33 percent in 2005. (8) The rising rates of obesity portend greater disease and health conditions including hypertension, high total cholesterol, Type 2 diabetes, coronary heart disease, stroke, gallbladder disease, osteoporosis, sleep apnea, and respiratory problems, and some cancers, such as endometrial, breast, and colon cancer. (9) Many underlying factors have been linked to the increase in obesity, such as increasing portion sizes, eating out more often, increased consumption of sugar-sweetened drinks, increasing television, computer, and electronic gaming time, changing labor markets, and fear of crime, which prevents outdoor exercise. (10) Chronic diseases account for 1.7 million, or 70 percent, of all deaths in the United States each year. Although chronic diseases are among the most common and costly health problems, they are also among the most preventable. Adopting a healthy lifestyle such as eating nutritious foods and engaging in physical activity, can prevent or control the devastating effects of these diseases. Although chronic diseases are among the most common and costly health problems, they are also among the most preventable. (11) According to the Surgeon General's Call to Action to Prevent and Decrease Overweight and Obesity, the cost of obesity in the United States in 2000 was more than $117 billion. SEC. 3. REDUCTION IN PREVALENCE OF OBESITY; PROGRAM FOR LIFELONG IMPROVEMENTS IN FOOD AND EXERCISE. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following section: ``reduction in prevalence of obesity ``Sec. 317T. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a national program to conduct and support activities regarding individuals who are overweight or obese in order to make progress toward the goal of significantly reducing the number of cases of obesity among individuals in the United States. ``(b) Certain Activities.--In carrying out subsection (a), the Secretary shall (directly or through grants or contracts) carry out the following with respect to individuals who are overweight: ``(1) Activities to train health professionals to recognize that patients are overweight and to recommend prevention activities regarding such condition, including educating patients on the relationship between such condition and cardiovascular disease, diabetes and other health conditions, and on proper nutrition and regular physical activities. ``(2) Activities to educate the public with respect to the condition of being overweight, including the development of a strategy for a public awareness campaign. ``(3) The development and demonstration of intervention strategies for use at worksites and in community settings such as hospitals and community health centers. ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of the fiscal years 2010 through 2013.''.", "summary": "Lifelong Improvements in Food and Exercise (LIFE) Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to carry out a national program to conduct and support activities regarding individuals who are overweight or obese in order to make progress toward the goal of significantly reducing obesity in the United States. Requires such activities to include: (1) training health professionals; (2) educating the public; and (3) developing and demonstrating intervention strategies for use at worksites and in community settings."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``SOAR to Health and Wellness Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Human trafficking.--The term ``human trafficking'' has the meaning given the term ``severe forms of trafficking in persons'' as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. PILOT PROGRAM ESTABLISHMENT. (a) In General.--The Secretary shall establish a pilot program to be known as ``Stop, Observe, Ask, and Respond to Health and Wellness Training'' (or ``SOAR to Health and Wellness Training'') (referred to in this Act as the ``pilot program''), to provide training to health care providers and other related providers, at all levels, on human trafficking in accordance with the purpose described in subsection (b). (b) Purpose.--The pilot program established under subsection (a) shall train health care providers and other related providers to enable such providers to-- (1) identify potential human trafficking victims; (2) implement proper protocols and procedures for working with law enforcement to report, and facilitate communication with, such victims, in accordance with all applicable Federal, State, local, and tribal requirements, including legal confidentiality requirements for patients and health care providers; (3) implement proper protocols and procedures for referring such victims to appropriate social or victims service agencies or organizations; (4) provide such victims care that is-- (A) coordinated; (B) victim centered; (C) culturally relevant; (D) comprehensive; (E) evidence based; (F) gender responsive; (G) age appropriate, with a focus on care for youth; and (H) trauma informed; and (5) consider the potential for integrating the training described in paragraphs (1) through (4) with training programs, in effect on the date of enactment of this Act, for victims of domestic violence, dating violence, sexual assault, stalking, child abuse, child neglect, child maltreatment, and child sexual exploitation. (c) Functions.-- (1) In general.--The functions of the pilot program established under subsection (a) shall include the functions of the Stop, Observe, Ask, and Respond to Health and Wellness Training program that was operating on the day before the date of enactment of this Act and the authorized initiatives described in paragraph (2). (2) Authorized initiatives.--The authorized initiatives of the pilot program established under subsection (a) shall include-- (A) engaging stakeholders, including victims of human trafficking and any Federal, State, local, or tribal partners, to develop a flexible training module-- (i) for achieving the purpose described in subsection (b); and (ii) that adapts to changing needs, settings, health care providers, and other related providers; (B) making grants available to support training in health care sites that represent diversity in-- (i) geography; (ii) the demographics of the population served; (iii) the predominate types of human trafficking cases; and (iv) health care provider profiles; (C) providing technical assistance for health education programs to implement nationwide health care protocol, or develop continuing education training materials, that assist in achieving the purpose described in subsection (b); (D) developing a strategy to incentivize the utilization of training materials developed under subparagraph (C) and the implementation of nationwide health care protocol described in such subparagraph, as the Secretary determines appropriate; and (E) developing a reliable methodology for collecting data, and reporting such data, on the number of human trafficking victims identified and served in health care settings or other related provider settings. (d) Termination.--The pilot program established under subsection (a) shall terminate on October 1, 2022. SEC. 4. DATA COLLECTION AND REPORTING REQUIREMENTS. (a) Data Collection.-- (1) In general.--During each of fiscal years 2018 through 2022, the Secretary shall collect data on each of the following: (A) The total number of facilities that were operating under the pilot program established under section 3(a)-- (i) during the previous fiscal year; and (ii) before the previous fiscal year. (B) The total number of health care providers and other related providers trained through such pilot program during each of the periods described in clauses (i) and (ii) of subparagraph (A). (2) Initial report.--In addition to the data required to be collected under paragraph (1), for purposes of the initial report to be submitted under subsection (b), the Secretary shall collect data on the total number of facilities that were operating under, and the total number of health care providers and other related providers trained through, the Stop, Observe, Ask, and Respond to Health and Wellness Training program that was operating before the establishment of the pilot program under section 3(a). (b) Reporting.--Not later than 90 days after the first day of each of fiscal years 2018 through 2022, the Secretary shall prepare and submit to Congress a report on the data collected under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $3,000,000 for each of fiscal years 2018 through 2022.", "summary": "SOAR to Health and Wellness Act of 2016 This bill directs the Department of Health and Human Services (HHS) to establish a pilot program, to be known as Stop, Observe, Ask, and Respond to Health and Wellness Training (or SOAR to Health and Wellness Training), to train health care providers and other related providers to: identify potential human trafficking victims, work with law enforcement to report and facilitate communication with such victims, refer victims to social or victims service agencies or organizations, provide such victims with coordinated care tailored to their circumstances, and consider integrating this training with existing training programs. The pilot program must include the functions of the training program with the same name that was operating before this bill's enactment and the following initiatives: engaging stakeholders to develop a flexible training module, supporting training in diverse health care sites, providing technical assistance to health education programs, developing a strategy to incentivize the use of training materials developed under this bill and the implementation of a nationwide health care protocol, and developing a methodology for collecting and reporting data on the number of human trafficking victims served in health care settings or other related provider settings. The pilot program is authorized through FY2022. HHS must report on the number of facilities operating under the pilot program, the number of providers trained through the pilot program, and these numbers for the program operating before the pilot program."}
{"article": "SECTION. 1. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967. (a) Application to House of Representatives.-- (1) In general.--The rights and protections of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) shall, subject to paragraph (2), apply with respect to any individual who occupies an employment position or who is an applicant for an employment position, as well as to any employing authority of the House of Representatives. (2) Administration.--In the administration of this subsection, the remedies and procedures referred to in the Fair Employment Practices Resolution shall apply. (3) Exercise of rulemaking power.--The provisions of paragraph (2) are enacted by the House of Representatives as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House to change its rules, in the same manner, and to the same extent as in any other rule of the House. (b) Application to Instrumentalities of the Congress.-- (1) In general.--The rights and protections of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) shall, subject to paragraph (2), apply with respect to any individual who is an employee of, or an applicant for employment with, an instrumentality of the Congress. (2) Establishment of remedies and procedures.--The chief official of each instrumentality of the Congress shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to paragraph (1). (3) Report to the congress.--The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of paragraph (2), submit to the Congress a report describing the remedies and procedures. SEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT TO INSTRUMENTALITIES OF THE CONGRESS. (a) In General.--The rights and protections of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall, subject to subsection (b), apply with respect to any individual who is employed by an instrumentality of the Congress. (b) Establishment of Remedies and Procedures.--The chief official of each instrumentality of the Congress shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to subsection (a). (c) Report to the Congress.--The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of subsection (b), submit to the Congress a report describing the remedies and procedures. (d) Architect of the Capitol.--The Architect of the Capitol shall, no later than 90 days after the date of enactment of this Act, submit a report to the Congress describing steps taken to implement section 8(b) of the Fair Labor Standards Amendments of 1989 (2 U.S.C. 60k(b)). SEC. 3. RECOMMENDATIONS ON THE OCCUPATIONAL SAFETY AND HEALTH ACT. It is the sense of the House of Representatives that the Committee on House Administration should review the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) and make recommendations to the House of Representatives regarding the application of such Act to the House. SEC. 4. JUDICIAL REVIEW. (a) Application to House of Representatives.-- (1) In general.--Any individual who occupies an employment position or who is an applicant for an employment position, and who has been aggrieved by a violation of section 2(a) of the Fair Employment Practices Resolution (relating to nondiscrimination), section 1(a)(1) of this Act, section 117(a)(2)(A) of the Civil Rights Act of 1991 (2 U.S.C. 60l), section 8(a)(1) of the Fair Labor Standards Amendment of 1989 (2 U.S.C. 60k), or section 509(b)(2)(A) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209(b)(2)(A)) may, following a final decision pursuant to the Fair Employment Practices Resolution regarding such violation, petition for review by the United States Court of Appeals for the Federal Circuit. (2) Violations by members of the house of representatives.--It is the sense of the House of Representatives that the Rules of the House of Representatives should be amended to address the issue of the source of payments made by the House to satisfy a judgment against a Representative in, or Delegate or Resident Commissioner to, the Congress who has been found guilty by the United States Court of Appeals for the Federal Circuit of a violation of one of the sections referred to in paragraph (1). (b) Application to the Instrumentalities of the congress.-- (1) Age discrimination in employment act of 1967.--Any employee of an instrumentality of the Congress, who has been aggrieved by a violation of section 1(b)(1) of this Act may, following a final decision pursuant to section 1(b)(2) of this Act, petition for review by the United States Court of Appeals for the Federal Circuit. (2) Americans with disabilities act.--Any employee of an instrumentality of the Congress who has been aggrieved by a violation of section 509(c)(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209(c)(1)) may, following a final decision pursuant to subsection (c)(2) of such Act, petition for review by the United States Court of Appeals for the Federal Circuit. (3) Civil rights act of 1991.--Any employee of an instrumentality of the Congress who has been aggrieved by a violation of section 117(b)(1) of the Civil Rights Act of 1991 (2 U.S.C. 60l) may, following a final decision pursuant to subsection (b)(3) of such Act, petition for review by the United States Court of Appeals for the Federal Circuit. (4) Fair labor standards act.--Any employee of an instrumentality of the Congress who has been aggrieved by a violation of section 2(a) of this Act may, following a final decision pursuant to section 2(b) of this Act, petition for review by the United States Court of Appeals for the Federal Circuit. (c) Scope of Judicial Review.--A petition for review authorized by subsection (a) or (b) shall be filed not later than 90 days following receipt by the aggrieved individual of a written final decision referred to in such subsection. The court shall decide all relevant questions of law and shall interpret constitutional and statutory provisions. The court shall set aside the decision if the court determines that the decision is-- (1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law; (2) not made consistent with required procedures; or (3) not supported by substantial evidence. In making its determination, the court shall review the whole record or those parts of the record cited by a party, and due account shall be taken of prejudicial error. If the aggrieved individual is the prevailing party in an appeal under this section, a reasonable attorney's fee may be allowed by the court in accordance with the standards established under section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)).''. SEC. 5. CONFORMING AMENDMENTS. (a) Americans with Disabilities Act.--Section 509 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209(b)(2)) is amended-- (1) by amending subsection (b)(2)(B) to read as follows: ``(B) Administration.--This paragraph shall be administered according to the Fair Employment Practices Resolution (House Resolution 558 of the One Hundredth Congress, as agreed to October 4, 1988), as incorporated into the Rules of the House of Representatives as rule LI, or any other provision or resolution that continues in effect the provisions of such resolution.''; and (2) in subsection (c)(2) by striking ``Such remedies and procedures shall apply exclusively.''. (b) Civil Rights Act of 1991.--Section 117 of the Civil Rights Act of 1991 (2 U.S.C. 60l) is amended-- (1) by amending subsection (a)(2)(B) to read as follows: ``(B) Administration.--This paragraph shall be administered according to the Fair Employment Practices Resolution (House Resolution 558 of the One Hundredth Congress, as agreed to October 4, 1988), as incorporated into the Rules of the House of Representatives as rule LI, or any other provision or resolution that continues in effect the provisions of such resolution.''; and (2) in section (b)(2) by striking ``Such remedies and procedures shall apply exclusively, except for the employees who are defined as Senate employees, in section 301(c)(1).''. SEC. 6. DEFINITIONS. For the purposes of this Act-- (1) the terms ``employment position'' and ``employing authority'' have the meaning given such terms in the Fair Employment Practices Resolution; (2) the term ``Fair Employment Practices Resolution'' means House Resolution 558 of the One Hundredth Congress, as agreed to October 4, 1988, and as incorporated into the Rules of the House of Representatives as rule LI, or any other provision or resolution that continues in effect the provisions of such resolution; and (3) the term ``instrumentalities of the Congress'' shall include the following: the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the United States Botanic Garden, except that-- (A) for purposes of sections 1(b) and 4(b)(1), such term shall not include the Library of Congress; and (B) for purposes of section 4(b)(4), and of subsections (a), (b), and (c) of section 2, such term shall not include the Architect of the Capitol.", "summary": "Applies the Age Discrimination in Employment Act of 1967 and the remedies and procedures referred to in the Fair Employment Practices Resolution to any: (1) employee of (or applicant for employment by) the House of Representatives; (2) employing authority of the House; or (3) employee of (or applicant for employment by) the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, or the U.S. Botanic Garden. Applies the Fair Labor Standards Act of 1938 to: (1) the Congressional Budget Office; (2) the General Accounting Office; (3) the Government Printing Office; (4) the Library of Congress; (5) the Office of Technology Assessment; and (6) the U.S. Botanic Garden. Requires the Architect of the Capitol to report to the Congress on steps taken pursuant to the Fair Labor Standards Amendments of 1989 relating to the minimum wage rate of its employees. Expresses the sense of the House that the Committee on House Administration should make recommendations regarding the application of the Occupational Safety and Health Act to the House. Authorizes any employee of (or applicant for employment by) the House who has been aggrieved by a violation of the Fair Employment Practices Resolution (relating to nondiscrimination), the Age Discrimination in Employment Act of 1967, the Civil Rights Act of 1991, the Fair Labor Standards Amendment of 1989, or the Americans with Disabilities Act of 1990 to petition for review by the U.S. Court of Appeals for the Federal Circuit of the final decision pursuant to the Fair Employment Practices Resolution. Expresses the sense of the House that the Rules of the House should be amended to address the issue of the source of payments by the House to satisfy a judgment against a Member who has been found guilty of a violation of one of such Acts. Gives employees of instrumentalities of the Congress who have been aggrieved by the violations of the following Acts the right to petition for judicial review: (1) the Age Discrimination in Employment Act of 1967 (excluding Library of Congress employees); (2) the Americans with Disabilities Act of 1990; (3) the Civil Rights Act of 1991; and (4) the Fair Labor Standards Act of 1938 (excluding employees of the Architect of the Capitol)."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Expanding International Education for All Act''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAMS. (a) Incentives for Program Creation.--Section 604(a) (20 U.S.C. 1124(a)) is amended to read as follows: ``(a) Incentives for the Creation of Undergraduate International Studies and Foreign Language Programs.-- ``(1) Authority.--The Secretary is authorized to make grants to baccalaureate degree granting institutions, community and junior colleges of higher education, or consortia of such institutions (which may include graduate schools as part of a consortia that serves undergraduates), to pay the Federal share of the cost of planning and establishing a foreign language program, an international studies program, or a business and international education program at the undergraduate level. ``(2) Use of funds.--Funds appropriated for the purpose of carrying out this part may be used in conjunction with institutional resources and private sector funds, as required by paragraph (3), for-- ``(A) planning for the development and expansion of undergraduate programs in international studies; ``(B) teaching, research, curriculum planning and development, and other related activities; ``(C) training of faculty members in foreign countries; ``(D) acquisition of research and instructional materials; ``(E) establishing and maintaining a network with other institutions of higher education and resource centers focused on strengthening foreign language study and international studies programs; ``(F) expansion of existing and development of new opportunities for learning foreign languages, including the less commonly taught languages; ``(G) international education programs designed to develop or enhance linkages between 2- to 4-year institutions of higher education, or baccalaureate and postbaccalaureate programs or institutions; ``(H) the development or expansion of undergraduate study abroad in which study abroad opportunities are not otherwise available or which serve students for whom such opportunities are not otherwise available and which provide courses that are closely related to on- campus foreign language and international studies curricula; ``(I) in-service and faculty development activities designed to strengthen instruction and research capacity of the institution; ``(J) faculty travel in foreign areas, regions, and countries; and ``(K) the integration of new study abroad opportunities for undergraduate students into curricula of specific degree programs. ``(3) Non-federal share.--The non-Federal share of the cost of the programs assisted under this subsection may be provided in cash in an amount equal to one-third of the total requested grant amount, or may be provided as an in-cash or in-kind contribution equal in value to one-half of the total requested grant amount. Such contribution may be composed of both institutional and noninstitutional funds, including State and private sector corporation or foundation contributions. ``(4) Grant conditions.--Grants under this subsection shall be made on such conditions as the Secretary determines are necessary to carry out the objectives of this part. The conditions shall include-- ``(A) evidence that the institution of higher education, or consortium of such institutions, has conducted extensive planning prior to submitting its application for a grant under this subsection concerning the steps taken by each institution with respect to planning for the establishment of a foreign language, international studies program or international business program, and with respect to the design of its program in accordance with paragraph (2); ``(B) assurance that the faculty and staff of all relevant departments and programs within the institution are involved in ongoing collaboration with regard to achieving the stated objectives of the application, including business and management, related foreign language, international studies, international affairs careers, and other professional schools or departments as appropriate; ``(C) assurance that students at the applicant institution, and all consortium institutions, as appropriate, will have access to the programs of and derive benefits from the planned program as it is developed; and ``(D) assurance that each institution of higher education will use the Federal assistance provided under this subsection to supplement and not supplant institutional funds and activities provided by the institution prior to the receipt of Federal funds.''. (b) Support for International Education.--Section 609 (20 U.S.C. 1126) is amended by striking subsection (c) and inserting the following: ``(c) Support for Undergraduate Education.--Notwithstanding any other provision of this title, the Secretary is authorized in each fiscal year to reserve for section 604 not more than 10 percent of the total amount appropriated for this title in that fiscal year.''. (c) Technology Innovation.--Section 607 (20 U.S.C. 1125a) is amended to read as follows: ``SEC. 607. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN INFORMATION ACCESS. ``(a) Authority.--The Secretary is authorized to make grants to institutions of higher education, public or nonprofit private library institutions, or consortia of such institutions, to develop innovative techniques or programs using new electronic technologies to collect, organize, preserve, and widely disseminate information on world regions and countries other than the United States that address the Nation's teaching and research needs in international education and foreign languages. ``(b) Authorized Activities.--Grants under this section may be used to-- ``(1) facilitate access to preserve foreign information resources in print or electronic forms; ``(2) develop new means of immediate, full text document delivery for information and scholarships from abroad; ``(3) develop new means of shared electronic access to international data; ``(4) support collaborative projects of indexing, cataloging, and other means of bibliographic access for scholars to important research materials published or distributed outside the United States; ``(5) develop methods for the wide dissemination of resources written in non-Roman language alphabets; ``(6) assist teachers of less commonly taught languages in acquiring, via electronic and other means, materials suitable for classroom use; and ``(7) promote collaborative technology-based projects in foreign languages, area and international studies among grant recipients under this title. ``(c) Application.--Each institution or consortium desiring a grant under this section shall submit an application to the Secretary at such time, in such matter, and accompanied by such information and assurances as the Secretary may reasonably require. ``(d) Match Required.--The Federal share of the total cost of carrying out a program supported by a grant under this section shall not be more than 66\\2/3\\ percent. The non-Federal share of such a cost may be provided in either in-kind or in cash, and may include contributions from private sector corporations or foundations.''. SEC. 3. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT. (a) Non-Federal Share and Source of Funds.--Section 621(e) is amended-- (1) by striking ``one-fourth'' and inserting ``one-half''; and (2) by adding at the end the following new sentence: ``The non-Federal contribution must be made by private sector contributions.''. (b) Institutional Development.--Part C of title VI is amended-- (1) by redesignating sections 622 through 627 as sections 623 through 628, respectively; and (2) by inserting after section 621 the following new section: ``SEC. 622. INSTITUTIONAL DEVELOPMENT. ``(a) In General.--The Institute shall make grants, from amounts available to it in each fiscal year, to Historically Black Colleges and Universities, Hispanic-serving institutions, Tribally Controlled Indian Community Colleges, and minority institutions, to enable such colleges, universities, and institutions to strengthen international affairs programs. ``(b) Application.--No grant may be made by the Institute unless an application is made by the college, university, or institution at such time, in such manner, and accompanied by such information as the Institute may require. ``(c) Definitions.--As used in this section: ``(1) Historically black colleges and universities.--The term `Historically Black Colleges and Universities' has the meaning given the term `part B institution' by section 322(2) of this Act. ``(2) Hispanic-serving institution.--The term `Hispanic- serving institution' has the same meaning given the term by section 316(b)(1) of this Act. ``(3) Tribally controlled indian community college.--The term `Tribally Controlled Indian Community College' has the same meaning given that term by the Tribally Controlled Community College Assistance Act of 1978. ``(4) Minority institution.--The term `minority institution' has the same meaning given that term in section 101(14) of this Act.''. SEC. 4. JUNIOR YEAR AND SUMMER ABROAD PROGRAM. (a) Institute Share of Cost.--Section 623(c)(2) (as redesignated by section 3(b) of this Act) is amended by striking ``one-half'' and inserting ``one-third''. (b) Summer Abroad.--Section 623 (as redesignated) is amended by adding at the end the following new subsection: ``(d) Summer Abroad Program.--The Institute is authorized to carry out, by grant or contract, a summer abroad program. The summer abroad program shall be open to the eligible students described in subsections (a) and (b) of this section. An institution of higher education desiring to participate in the summer abroad program shall enter into a memorandum of understanding with the Institute, containing provisions which are consistent with subsection (c) of this section.''. (c) Technical Amendment.--The heading of section 623 (as so redesignated) is amended by inserting before the period in the heading: ``and summer abroad program''. SEC. 5. POSTBACCALAUREATE INTERNSHIPS. Section 625 (as redesignated by section 3(b) of this Act) is amended-- (1) by inserting before the first sentence the following new subsection heading: ``(a) In General.--''; and (2) by adding at the end the following new subsection: ``(b) Washington Internship Program.--The Institute shall enter into agreements with institutions of higher education described in the first sentence of subsection (a) to conduct internships in Washington, District of Columbia, for students who have completed study for the baccalaureate degree. The Internship program authorized by this subsection shall-- ``(1) be designated to assist the students to prepare for a Master's degree program; ``(2) be carried out with the assistance of the Woodrow Wilson Fellowship Program; ``(3) contain work experience for the students designated to contribute to the objectives set forth in paragraph (1); and ``(4) contain such other elements as the Institute determines will carry out the objectives of this subsection.''. SEC. 6. INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL AFFAIRS. Part C of title VI is further amended-- (1) by redesignating section 628 (as redesignated by section 3(b) of this Act) as section 629; and (2) by inserting after section 627 the following new section: ``SEC. 628. INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL AFFAIRS. ``(a) Establishment.--There is established in the executive branch of the Federal Government an Interagency Committee on Minority Careers in International Affairs composed of 7 members. The members are-- ``(1) the Under Secretary for International Affairs and Commodity Programs of the Department of Agriculture, appointed by the Secretary of Agriculture; ``(2) the Assistant Secretary and Director General, the Commercial Service of the Department of Commerce, appointed by the Secretary of Commerce; ``(3) the Under Secretary of Defense for Personnel and Readiness of the Department of Defense, appointed by the Secretary of Defense; ``(4) the Assistant Secretary for Postsecondary Education in the Department of Education, appointed by the Secretary of Education; ``(5) the Director General of the Foreign Service of the Department of State, appointed by the Secretary of State; ``(6) the General Counsel of the Agency for International Development, appointed by the Administrator; and ``(7) the Associate Director for Educational and Cultural Affairs of the United States Information Agency, appointed by the Director. ``(b) Functions.--The Interagency Committee established by this section shall-- ``(1) advise the Secretary and the Institute with respect to programs authorized by this part; and ``(2) promote policies in each department and agency participating on the committee that are designed to carry out the objectives of this part.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. The text of section 629 (as redesignated by section 6 of this Act) is amended to read as follows: ``There is authorized to be appropriated $5,000,000, for fiscal year 1999, and such sums as may be necessary for the fiscal years 2000, 2001, 2002, and 2003 to carry out this part.''.", "summary": "Expanding International Education for All Act - Amends the Higher Education Act of 1965 to revise title VI (International Education). (Sec. 2) Revises part A (International and Foreign Language Studies) with respect to incentive grants for the creation of undergraduate international studies and foreign language programs. Allows graduate schools, along with baccalaureate degree granting institutions and community and junior colleges of higher education, to be included as part of a consortium that serves undergraduates and is eligible for a grant. Revises the Federal and non-Federal shares of the cost of planning and establishing at the undergraduate level: (1) a foreign language program; (2) an international studies program; or (3) (new in this Act) a business and international education program. Revises allowable uses of grant funds to include: (1) acquisition of research and instructional materials; (2) establishment of a network with other institutions of higher education and resource centers focused on strengthening foreign language study and international studies programs; (3) development of new opportunities for learning foreign languages, including the less commonly taught languages; (4) international education programs designed to develop or enhance linkages between two- to four-year institutions of higher education, or baccalaureate and postbaccalaureate programs or institutions; (5) in-service and faculty development activities designed to strengthen instruction and research capacity of the institution; and (6) faculty travel in foreign areas, regions, and countries. Establishes certain grant conditions. Establishes, under part A, a program of discretionary grants for technological innovation and cooperation for foreign information access. (Replaces the current discretionary grants program for acquisition of and access to periodicals and other research materials published outside the United States.) (Sec. 3) Revises part C (Institute for International Public Policy) with respect to the non-Federal share and source of funds for minority foreign service professional development. Directs the Institute to make institutional development grants to strengthen international affairs programs at Historically Black Colleges and Universities, Hispanic-serving institutions, Tribally Controlled Indian Community Colleges, and minority institutions. (Sec. 4) Revises the Institute's share of the cost of the junior year program. Authorizes the Institute to carry out a summer abroad program. (Sec. 5) Directs the Institute to enter into agreements with specified types of institutions of higher education to conduct postbaccalaureate internships in Washington, D.C., with work experience to assist the students to prepare for a Master's degree program. Requires such internship program to be carried out with the assistance of the Woodrow Wilson Fellowship Program. (Sec. 6) Establishes in the executive branch an Interagency Committee on Minority Careers in International Affairs to: (1) advise the Secretary and the Institute on part C programs; and (2) promote policies in furtherance of part C objectives in each participating department and agency. (Sec. 7) Extends through FY 2003 the authorization of appropriations for part C."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Exxon Valdez Oil Spill Tax Treatment Act''. SEC. 2. TAX TREATMENT OF INCOME RECEIVED IN CONNECTION WITH THE EXXON VALDEZ LITIGATION. (a) Income Averaging of Amounts Received From the Exxon Valdez Litigation.-- (1) In general.--At the election of a qualified taxpayer who receives qualified settlement income during a taxable year, the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for such taxable year shall be equal to the sum of-- (A) the tax which would be imposed under such chapter if-- (i) no amount of elected qualified settlement income were included in gross income for such year, and (ii) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) attributable to such elected qualified settlement income, plus (B) the increase in tax under such chapter which would result if taxable income for each of the years in the applicable period were increased by an amount equal to the applicable fraction of the elected qualified settlement income reduced by any expenses (otherwise allowable as a deduction to the taxpayer) attributable to such elected qualified settlement income. Any adjustment under this section for any taxable year shall be taken into account in applying this section for any subsequent taxable year. (2) Coordination with farm income averaging.--If a qualified taxpayer makes an election with respect to any qualified settlement income under paragraph (1) for any taxable year, such taxpayer may not elect to treat such amount as elected farm income under section 1301 of the Internal Revenue Code of 1986. (3) Definitions.--For purposes of this subsection-- (A) Applicable period.--The term ``applicable period'' means the period beginning on January 1, 1994, and ending on December 31 of the year in which the elected qualified settlement income is received. (B) Applicable fraction.--The term ``applicable fraction'' means the fraction the numerator of which is one and the denominator of which is the number of years in the applicable period. (C) Elected qualified settlement income.--The term ``elected qualified settlement income'' means so much of the taxable income for the taxable year which is-- (i) qualified settlement income, and (ii) specified under the election under paragraph (1). (b) Contributions of Amounts Received to Retirement Accounts.-- (1) In general.--Any qualified taxpayer who receives qualified settlement income during the taxable year may, at any time before the end of the taxable year in which such income was received, make one or more contributions to an eligible retirement plan of which such qualified taxpayer is a beneficiary in an aggregate amount not to exceed the amount of qualified settlement income received during such year. (2) Time when contributions deemed made.--For purposes of paragraph (1), a qualified taxpayer shall be deemed to have made a contribution to an eligible retirement plan on the last day of the taxable year in which such income is received if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). (3) Treatment of contributions to eligible retirement plans.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to paragraph (1) with respect to qualified settlement income, then-- (A) except as provided in paragraph (4)-- (i) to the extent of such contribution, the qualified settlement income shall not be included in taxable income, and (ii) for purposes of section 72 of such Code, such contribution shall not be considered to be investment in the contract, and (B) the qualified taxpayer shall, to the extent of the amount of the contribution, be treated-- (i) as having received the qualified settlement income-- (I) in the case of a contribution to an individual retirement plan (as defined under section 7701(a)(37) of such Code), in a distribution described in section 408(d)(3) of such Code, and (II) in the case of any other eligible retirement plan, in an eligible rollover distribution (as defined under section 402(f)(2) of such Code), and (ii) as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (4) Special rule for roth iras and roth 401(k)s.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to paragraph (1) with respect to qualified settlement income to a Roth IRA (as defined under section 408A(b) of such Code) or as a designated Roth contribution to an applicable retirement plan (within the meaning of section 402A of such Code), then-- (A) the qualified settlement income shall be includible in taxable income, and (B) for purposes of section 72 of such Code, such contribution shall be considered to be investment in the contract. (5) Eligible retirement plan.--For purpose of this subsection, the term ``eligible retirement plan'' has the meaning given such term under section 402(c)(8)(B) of the Internal Revenue Code of 1986. (c) Qualified Settlement Income Not Included in SECA.--For purposes of chapter 2 of the Internal Revenue Code of 1986 and section 211 of the Social Security Act, no portion of qualified settlement income received by a qualified taxpayer shall be treated as self-employment income. (d) Qualified Taxpayer.--For purposes of this section, the term ``qualified taxpayer'' means-- (1) any plaintiff in the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. Alaska); or (2) any beneficiary of the estate of such a plaintiff who-- (A) acquired the right to receive qualified settlement income from that plaintiff; and (B) was the spouse or an immediate relative of that plaintiff. (e) Qualified Settlement Income.--For purposes of this section, the term ``qualified settlement income'' means income received (whether as lump sums or periodic payments) in connection with the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. Alaska), including interest (whether pre- or post judgment and whether related to a settlement or judgment).", "summary": "Exxon Valdez Oil Spill Tax Treatment Act - Allows taxpayers who are plaintiffs in the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. Alaska), or their heirs or dependents, to: (1) elect to average, for income tax purposes, income received in settlement of such civil action for the period beginning on January 1, 1994, and ending on December 31 of the year in which any settlement income is received; and (2) make contributions of any amount of such settlement income to certain tax-exempt retirement plans in the year such income is received."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Right to Choose Act of 2003''. SEC. 2. STREAMLINING UNIONIZATION PROCESS. The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended-- (1) in section 3(b), in the second sentence-- (A) by striking ``and to'' and inserting ``to''; and (B) by striking ``and certify the results thereof,'' and inserting ``, and to make the certifications provided for in section 9,''; (2) in section 8-- (A) in subsection (b)(7)(C), in the first proviso-- (i) by striking ``the provisions of section 9(c)(1) or''; and (ii) by striking ``direct an election in such unit as the Board finds to be appropriate and shall certify the results thereof'' and inserting ``process the petition in accordance with section 9(c)(1)''; and (B) by striking subsection (d) and inserting the following: ``(d) Collective Bargaining.-- ``(1) In general.--For the purposes of this section, to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession: Provided, That where there is in effect a collective-bargaining contract covering employees in an industry affecting commerce, the duty to bargain collectively shall also mean that no party to such contract shall terminate or modify such contract, unless the party desiring such termination or modification-- ``(A) serves a written notice upon the other party to the contract of the proposed termination or modification 60 days prior to the expiration date thereof, or in the event such contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification; ``(B) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications; ``(C) notifies the Federal Mediation and Conciliation Service within 30 days after such notice of the existence of a dispute, and simultaneously therewith notifies any State or Territorial agency established to mediate and conciliate disputes within the State or Territory where the dispute occurred, provided no agreement has been reached by that time; and ``(D) continues in full force and effect, without resorting to strike or lock-out, all the terms and conditions of the existing contract for a period of 60 days after such notice is given or until the expiration date of such contract, whichever occurs later: The duties imposed upon employers, employees, and labor organizations by subparagraphs (B), (C), and (D) shall become inapplicable upon an intervening certification of the Board, under which the labor organization or individual, which is a party to the contract, has been superseded as or ceased to be the representative of the employees subject to the provisions of section 9(a), and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract. Any employee who engages in a strike within any notice period specified in this subsection, or who engages in any strike within the appropriate period specified in subsection (g), shall lose his status as an employee of the employer engaged in the particular labor dispute, for the purposes of sections 8, 9, and 10 of this Act, as amended, but such loss of status for such employee shall terminate if and when he is reemployed by such employer. ``(2) Bargaining for employees of a health care institution.--Whenever the collective bargaining involves employees of a health care institution, the provisions of this subsection shall be modified as follows: ``(A) The notice of paragraph (1)(A) shall be 90 days; the notice of paragraph (1)(C) shall be 60 days; and the contract period of paragraph (1)(D) shall be 90 days. ``(B) Where the bargaining is for an initial agreement following certification or recognition, at least 30 days' notice of the existence of a dispute shall be given by the labor organization to the agencies set forth in paragraph (1)(C). ``(C) After notice is given to the Federal Mediation and Conciliation Service under either clause (A) or (B) of this sentence, the Service shall promptly communicate with the parties and use its best efforts, by mediation and conciliation, to bring them to agreement. The parties shall participate fully and promptly in such meetings as may be undertaken by the Service for the purpose of aiding in a settlement of the dispute. ``(3) Bargaining for an initial agreement.--Whenever the collective bargaining is for an initial agreement following certification or recognition, the provisions of this subsection shall be modified as follows: ``(A) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly recognized or certified as a representative, as described in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. ``(B) If after 180 days from the commencement of bargaining, or such further period as the parties agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring the parties to agreement. ``(C) If after 30 days from the request for mediation, or such further period as the parties agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.''; and (3) in section 9-- (A) by striking subsection (c) and inserting the following: ``(c) Hearings on Questions Affecting Commerce; Rules and Regulations.-- ``(1) In general.--Whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board-- ``(A) by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative described in subsection (a); or ``(B) by an employer, alleging that an individual or labor organization has presented to the employer a claim to be recognized as the representative described in subsection (a), the Board shall investigate such petition and if the Board has reasonable cause to believe that a question of representation affecting commerce exists, shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the regional office, who shall not make any recommendations with respect thereto. If the Board finds upon the record of such hearing that such a question of representation exists, the Board shall direct an election by secret ballot and shall certify the results thereof: Provided, That if the Board finds that, as of the date of the filing of the petition or such other date as the Board considers appropriate, a majority of the employees in a unit appropriate for collective bargaining have signed authorizations designating the individual or labor organization specified in the petition as their bargaining representative, and there is no other individual or labor organization that has been so designated by 30 percent or more of the employees, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a). ``(2) Individual or labor organization no longer representative.--Whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees assert that the individual or labor organization, which has been certified or is being currently recognized by their employer as the bargaining representative, is no longer a representative as described in subsection (a), the Board shall investigate such petition and if the Board has reasonable cause to believe that a question of representation affecting commerce exists shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the regional office, who shall not make any recommendations with respect thereto. If the Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. ``(3) Regulations and rules of decision.--In determining whether or not a question of representation affecting commerce exists, the same regulations and rules of decision shall apply irrespective of the identity of the persons filing the petition or the kind of relief sought and in no case shall the Board deny a labor organization a place on the ballot by reason of an order with respect to such labor organization or its predecessor not issued in conformity with section 10(c). ``(4) Limitation on election.--No election shall be directed in any bargaining unit or any subdivision within which, in the preceding 12-month period, a valid election shall have been held, and no bargaining representative shall be certified on the basis of a showing of majority support obtained within the 12-month period following such an election. Employees engaged in an economic strike who are not entitled to reinstatement shall be eligible to vote under such regulations as the Board shall find are consistent with the purposes and provisions of this subchapter in any election conducted within 12 months after the commencement of the strike. In any election where none of the choices on the ballot receives a majority, a run-off shall be conducted, the ballot providing for a selection between the 2 choices receiving the largest and second largest number of valid votes cast in the election. ``(5) Rule of construction.--Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the Board. ``(6) Determination of appropriate unit.--In determining whether a unit is appropriate for the purposes specified in subsection (b), the extent to which the employees have organized shall not be controlling. ``(7) Guidelines and procedures.--The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative as described in subsection (a). Such guidelines and procedures shall include-- ``(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (1); and ``(B) procedures to be used by the Board to establish the authenticity of signed authorizations designating bargaining representatives.''; and (B) by striking subsection (e). SEC. 3. CONFORMING AMENDMENTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended-- (1) in subsection (a)(3)(ii), by striking ``section 9(e)'' and inserting ``section 9(c)(1)''; and (2) in subsection (f), by striking ``9(e)'' and inserting ``9(c)(1)''.", "summary": "Employee Right to Choose Act of 2003 - Amends the National Labor Relations Act to revise collective bargaining requirements with respect to bargaining for an initial agreement to require generally shorter deadlines for commencement of bargaining, requests for mediation, and referrals of a dispute to arbitration. Requires certification of a bargaining representative without election if a majority of the bargaining unit employees have authorized designation of the representative and there is no other individual or labor organization so designated by 30 percent or more of the employees. Repeals the requirement for a secret ballot vote on rescission of the authority of a collective bargaining agreement upon petition by 30 percent or more of covered bargaining unit employees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Runoff Management Act''. SEC. 2. FEDERAL-AID HIGHWAY RUNOFF MANAGEMENT. (a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 330. Federal-aid highway runoff management program ``(a) Definitions.--In this section, the following definitions apply: ``(1) Covered project.--The term `covered project' means a reconstruction, rehabilitation, reconfiguration, renovation, major resurfacing, or new construction project on a Federal-aid highway carried out under this title that results in-- ``(A) a 10-percent or greater increase in impervious surface of the aerial extent within the right-of-way of the project limit on a Federal-aid highway or associated facility; or ``(B) an increase of 1 acre or more in impervious surface coverage. ``(2) Erosive force.--The term `erosive force' means the flowrate within a stream or channel in which channel bed or bank material becomes detached, which in most cases is less than or equal to the flowrate produced by the 2-year storm event. ``(3) Highway runoff.--The term `highway runoff ', with respect to a Federal-aid highway, associated facility, or management measure retrofit project, means a discharge of peak flow rate or volume of runoff that exceeds flows generated under preproject conditions. ``(4) Impacted hydrology.--The term `impacted hydrology' means stormwater runoff generated from all areas within the site limits of a covered project. ``(5) Management measure.--The term `management measure' means a program, structural or nonstructural management practice, operational procedure, or policy on or off the project site that is intended to prevent, reduce, or control highway runoff. ``(b) State Highway Stormwater Management Programs.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, each State shall-- ``(A) develop a process for analyzing the erosive force of highway runoff generated from covered projects; and ``(B) apply management measures to maintain or restore impacted hydrology associated with highway runoff from covered projects. ``(2) Inclusions.--The management measures established under paragraph (1) may include, as the State determines to be appropriate, management measures that-- ``(A) minimize the erosive force of highway runoff from a covered project on a channel bed or bank of receiving water by managing highway runoff within the area of the covered project; ``(B) manage impacted hydrology in such a manner that the highway runoff generated by a covered project is below the erosive force flow and volume; ``(C) to the maximum extent practicable, seek to address the impact of the erosive force of hydrologic events that have the potential to create or exacerbate downstream channel erosion, including excess pier and abutment scour at bridges and channel downcutting and bank failure of streams adjacent to highway embankments; ``(D) ensure that the highway runoff from the post- construction condition does not increase the risk of channel erosion relative to the preproject condition; and ``(E) employ simplified approaches to determining the erosive force of highway runoff generated from covered projects, such as a regionalized analysis of streams within a State. ``(c) Guidance.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the heads of other relevant Federal agencies, shall publish guidance to assist States in carrying out this section. ``(2) Contents of guidance.--The guidance shall include guidelines and technical assistance for the establishment of State management measures that will be used to assist in avoiding, minimizing, and managing highway runoff from covered projects, including guidelines to help States integrate the planning, selection, design, and long-term operation and maintenance of management measures consistent with the design standards in the overall project planning process. ``(3) Approval.--The Secretary, in consultation with the heads of other relevant Federal agencies, shall-- ``(A) review the management measures program of each State; and ``(B) approve such a program, if the program meets the requirements of subsection (b). ``(4) Updates.--Not later than 5 years after the date of publication of the guidance under this subsection, and not less frequently than once every 5 years thereafter-- ``(A) the Secretary, in consultation with the heads of other relevant Federal agencies, shall update the guidance, as applicable; and ``(B) each State, as applicable, shall update the management measures program of the State in accordance with the updated guidance. ``(d) Reporting.-- ``(1) In general.--Except as provided in paragraph (2)(A), each State shall submit to the Secretary an annual report that describes the activities carried out under the highway stormwater management program of the State, including a description of any reductions of stormwater runoff achieved as a result of covered projects carried out by the State after the date of enactment of this section. ``(2) Reporting requirements under permit.-- ``(A) In general.--A State shall not be required to submit an annual report described in paragraph (1) if the State-- ``(i) is operating Federal-aid highways in the State in a post-construction condition in accordance with a permit issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(ii) is subject to an annual reporting requirement under such a permit (regardless of whether the permitting authority is a Federal or State agency); and ``(iii) carries out a covered project with respect to a Federal-aid highway in the State described in clause (i). ``(B) Transmission of report.--A Federal or State permitting authority that receives an annual report described in subparagraph (A)(ii) shall, on receipt of such a report, transmit a copy of the report to the Secretary.''. (b) Clerical Amendment.--The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``330. Federal-aid highway runoff management program.''.", "summary": "Highway Runoff Management Act - Requires each state to develop for approval a state highway stormwater management program consisting of management measures to prevent, reduce, or control highway runoff from federal-aid highway projects. Directs the Secretary of Transportation (DOT) to publish guidance to assist states in the establishment of such measures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Joining Forces for Military Mental Health Act''. SEC. 2. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF DEFENSE EFFORTS ON MENTAL HEALTH IN THE NATIONAL GUARD AND RESERVES THROUGH COMMUNITY PARTNERSHIPS. (a) Pilot Program Authorized.-- (1) In general.--The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of enhancing the efforts of the Department of Defense in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury (TBI) in members of the National Guard and Reserves, their family members, and their caregivers through community partners described in subsection (c). (2) Duration.--The duration of the pilot program may not exceed three years. (b) Grants.--In carrying out the pilot program, the Secretary may award not more than five grants to community partners described in subsection (c). Any grant so awarded shall be awarded using a competitive and merit-based award process. (c) Community Partners.--A community partner described in this subsection is a private non-profit organization or institution (or multiple organizations and institutions) that-- (1) engages in each of the research, treatment, education, and outreach activities described in subsection (d); and (2) meets such qualifications for treatment as a community partner as the Secretary shall establish for purposes of the pilot program. (d) Activities.--Amounts awarded under a grant under the pilot program shall be utilized by the community partner awarded the grant for one or more of the following: (1) To engage in research on the causes, development, and innovative treatment of mental health and substance use disorders and Traumatic Brain Injury in members of the National Guard and Reserves, their family members, and their caregivers. (2) To provide treatment to such members and their families for such mental health and substance use disorders and Traumatic Brain Injury. (3) To identify and disseminate evidence-based treatments of mental health and substance use disorders and Traumatic Brain Injury described in paragraph (1). (4) To provide outreach and education to such members, their families and caregivers, and the public about mental health and substance use disorders and Traumatic Brain Injury described in paragraph (1). (e) Requirement for Matching Funds.-- (1) Requirement.--The Secretary may award a grant under this section to an organization or institution (or organizations and institutions) only if the awardee agrees to make contributions toward the costs of activities carried out with the grant, from non-Federal sources (whether public or private), an amount equal to not less than $3 for each $1 of funds provided under the grant. (2) Nature of non-federal contributions.--Contributions from non-Federal sources for purposes of paragraph (1) may be in cash or in-kind, fairly evaluated. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of contributions from non- Federal sources for such purposes. (f) Application.--An organization or institution (or organizations and institutions) seeking a grant under this section shall submit to the Secretary an application therefore in such a form and containing such information as the Secretary considers appropriate, including the following: (1) A description how the activities proposed to be carried out with the grant will help improve collaboration and coordination on research initiatives, treatment, and education and outreach on mental health and substance use disorders and Traumatic Brain Injury among the Armed Forces. (2) A description of existing efforts by the applicant to put the research described in (c)(1) into practice. (3) If the application comes from multiple organizations and institutions, how the activities proposed to be carried out with the grant would improve coordination and collaboration among such organizations and institutions. (4) If the applicant proposes to provide services or treatment to members of the Armed Forces or family members using grant amounts, reasonable assurances that such services or treatment will be provided by a qualified provider. (5) Plans to comply with subsection (g). (g) Exchange of Medical and Clinical Information.--A community partner awarded a grant under the pilot program shall agree to any requirements for the sharing of medical or clinical information obtained pursuant to the grant that the Secretary shall establish for purposes of the pilot program. The exchange of medical or clinical information pursuant to this subsection shall comply with applicable privacy and confidentiality laws. (h) Dissemination of Information.--The Secretary of Defense shall share with the Secretary of Veterans Affairs information on best practices in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury identified by the Secretary of Defense as a result of the pilot program. (i) Report.--Not later than 180 days before the completion of the pilot program, the Secretary of Defense shall submit to the Secretary of Veterans Affairs, and to Congress, a report on the pilot program. The report shall include the following: (1) A description of the pilot program, including the community partners awarded grants under the pilot program, the amount of grants so awarded, and the activities carried out using such grant amounts. (2) A description of any research efforts advanced using such grant amounts. (3) The number of members of the National Guard and Reserves provided treatment or services by community partners using such grant amounts, and a summary of the types of treatment and services so provided. (4) A description of the education and outreach activities undertaken using such grant amounts. (5) A description of efforts to exchange clinical information under subsection (g). (6) A description and assessment of the effectiveness and achievements of the pilot program with respect to research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury. (7) Such recommendations as the Secretary of Defense considers appropriate in light of the pilot program on the utilization of organizations and institutions such as community partners under the pilot program in efforts of the Department described in subsection (a). (8) A description of the metrics used by the Secretary in making recommendations under paragraph (7). (j) Available Funds.--Funds for the pilot program shall be derived from amounts authorized to be appropriated for the Department of Defense for Defense Health Program and otherwise available for obligation and expenditure. (k) Definitions.--In this section, the terms ``family member'' and ``caregiver'', in the case of a member of the National Guard or Reserves, have the meaning given such terms in section 1720G(d) of title 38, United States Code, with respect to a veteran.", "summary": "Joining Forces for Military Mental Health Act - Authorizes the Secretary of Defense, through community partnerships with private nonprofit organizations, to carry out a three-year pilot program assessing the enhancement of Department of Defense (DOD) efforts in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury (TBI) in members of the National Guard and Reserves and their family members and caregivers. Allows the Secretary, using a competitive or merit-based award process, to award up to five grants to such community partners, provided that the awardee agrees to make matching contributions from nonfederal sources (whether public or private) of at least $3 for each $1 provided under the grant. Requires grant-seeking organizations to submit an application including a description of proposed collaboration initiatives and existing research efforts."}
{"article": "SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Graduate Opportunities in Higher Education Act of 2005''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. JAVITS FELLOWSHIP PROGRAM. (a) Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is amended by adding at the end the following new sentence: ``In the case of other exceptional circumstances, such as active duty military service or personal or family member illness, the institution of higher education may also permit the fellowship recipient to interrupt periods of study for the duration of the tour of duty (in the case of military service) or not more than 12 months (in any other case), but without payment of the stipend.''. (b) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended-- (1) in the first sentence, by inserting ``from diverse geographic regions'' after ``higher education''; and (2) by adding at the end the following new sentence: ``The Secretary shall also assure that at least one representative appointed to the Board represents an institution that is eligible for a grant under title III or V of this Act.''. (c) Stipends.--Section 703 (20 U.S.C. 1134b(a)) is amended-- (1) in subsection (a)-- (A) by striking ``1999-2000'' and inserting ``2006- 2007''; (B) by striking ``shall be set'' and inserting ``may be set''; and (C) by striking ``Foundation graduate fellowships'' and inserting ``Foundation Graduate Research Fellowship Program''; and (2) in subsection (b), by amending paragraph (1)(A) to read as follows: ``(1) In general.--(A) The Secretary shall (in addition to stipends paid to individuals under this subpart) pay to the institution of higher education, for each individual awarded a fellowship under this subpart at such institution, an institutional allowance. Except as provided in subparagraph (B), such allowance shall be, for 2006-2007 and succeeding academic years, the same amount as the institutional payment made for 2005-2006 adjusted for 2006-2007 and annually thereafter in accordance with inflation as determined by the Department of Labor's Consumer Price Index for the previous calendar year.''. (d) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d) is amended by striking ``fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years''. SEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED. (a) Designation of Areas of National Need; Priority.--Section 712 (20 U.S.C. 1135a) is amended-- (1) in the last sentence of subsection (b)-- (A) by striking ``and an assessment'' and inserting ``an assessment''; and (B) by inserting before the period at the end the following: ``, and the priority described in subsection (c) of this section''; and (2) by adding at the end the following new subsection: ``(c) Priority.--The Secretary shall establish a priority for grants in order to prepare individuals for the professoriate who will train highly-qualified elementary and secondary school teachers of math, science, and special education, and teachers who provide instruction for limited English proficient individuals. Such grants shall offer program assistance and graduate fellowships for-- ``(1) post-baccalaureate study related to teacher preparation and pedagogy in math and science for students who have completed a master's degree or are pursuing a doctorate of philosophy in math and science; ``(2) post-baccalaureate study related to teacher preparation and pedagogy in special education and English language acquisition and academic proficiency for limited English proficient individuals; and ``(3) support of dissertation research in the fields of math, science, special education, or second language pedagogy and second language acquisition.''. (b) Collaboration Required for Certain Applications.--Section 713(b) (20 U.S.C. 1135b) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by redesignating paragraph (10) as paragraph (11); and (3) by inserting after paragraph (9) the following new paragraph: ``(10) in the case of an application for a grant by a department, program, or unit in education or teacher preparation, contain assurances that such department, program, or unit collaborates with departments, programs, or units in all content areas to assure a successful combination of training in both teaching and such content; and''. (c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is amended-- (1) by striking ``1999-2000'' and inserting ``2006-2007''; (2) by striking ``shall be set'' and inserting ``may be set''; and (3) by striking ``Foundation graduate fellowships'' and inserting ``Foundation Graduate Research Fellowship Program''. (d) Additional Assistance.--Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amended-- (1) by striking ``1999-2000'' and inserting ``2006-2007''; and (2) by striking ``1998-1999'' and inserting ``2006-2007''. (e) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e) is amended by striking ``fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years''. (f) Technical Amendments.--Section 714(c) (20 U.S.C. 1135c(c)) is amended-- (1) by striking ``section 716(a)'' and inserting ``section 715(a)''; and (2) by striking ``section 714(b)(2)'' and inserting ``section 713(b)(2)''. SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM. (a) Contract and Grant Purposes.--Section 721(c) (20 U.S.C. 1136(c)) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) to prepare such students for study at accredited law schools and assist them with the development of analytical skills and study methods to enhance their success and promote completion of law school;''; (2) by striking ``and'' at the end of paragraph (4); (3) by striking the period at the end of paragraph (5) and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(6) to award Thurgood Marshall Fellowships to eligible law school students-- ``(A) who participated in summer institutes authorized by subsection (d) and who are enrolled in an accredited law school; or ``(B) who are eligible law school students who have successfully completed a comparable summer institute program certified by the Council on Legal Educational Opportunity.''. (b) Services Provided.--Section 721(d)(1)(D) (20 U.S.C. 1136(d)(1)(D)) is amended by inserting ``in analytical skills and study methods'' after ``courses''. (c) Authorization of Appropriations.--Section 721(h) (20 U.S.C. 1136(h)) is amended by striking ``1999 and each of the 4 succeeding fiscal years'' and inserting ``2006 and each of the 5 succeeding fiscal years''. (d) General Provisions.--Subsection (e) of section 731 (20 U.S.C. 1137(e)) is repealed. SEC. 5. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION. (a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C. 1138(a)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) the encouragement of the reform and improvement of, and innovation in, postsecondary education and the provision of educational opportunity for all, especially for the non- traditional student populations;''; (2) in paragraph (2), by inserting before the semicolon at the end the following: ``for postsecondary students, especially those that provide academic credit for programs''; (3) by amending paragraph (3) to read as follows: ``(3) the establishment of institutions and programs based on the technology of communications, including delivery by distance education;''; and (4) by amending paragraph (6) to read as follows: ``(6) the introduction of institutional reforms designed to expand individual opportunities for entering and reentering postsecondary institutions and pursuing programs of postsecondary study tailored to individual needs;''. (b) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is amended by striking paragraph (4) and inserting the following: ``(4) International cooperation, partnerships, or student exchange among postsecondary educational institutions in the United States and abroad. ``(5) Establishment of academic programs including graduate and undergraduate courses, seminars and lectures, support of research, and development of teaching materials for the purpose of supporting faculty and academic programs that teach traditional American history (including significant constitutional, political, intellectual, economic, diplomatic, and foreign policy trends, issues, and documents; the history, nature, and development of democratic institutions of which American democracy is a part; and significant events and individuals in the history of the United States). ``(6) Support for planning, applied research, training, resource exchanges or technology transfers, the delivery of services, or other activities the purpose of which is to design and implement programs to enable institutions of higher education to work with private and civic organizations to assist communities to meet and address their pressing and severe problems, including economic development, community infrastructure and housing, crime prevention, education, healthcare, self sufficiency, and workforce preparation.''. (c) Authorization of Appropriations.--Section 745 (20 U.S.C. 1138d) is amended by striking ``$30,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$40,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years'' . SEC. 6. URBAN COMMUNITY SERVICE. Part C of title VII (20 U.S.C. 1139 et seq.) is repealed. SEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A QUALITY HIGHER EDUCATION. (a) Serving All Students With Disabilities.--Section 762(a) (20 U.S.C. 1140a(a)) is amended by striking ``students with learning disabilities'' and inserting ``students with disabilities''. (b) Authorized Activities.-- (1) Amendment.--Section 762(b)(2) is amended-- (A) in subparagraph (A), by inserting ``in order to improve retention and completion'' after ``disabilities''; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (E), respectively; (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) Effective transition practices.--The development of innovative, effective, and efficient teaching methods and strategies to ensure the smooth transition of students with disabilities from high school to postsecondary education.''; and (D) by inserting after subparagraph (C) (as redesignated by subparagraph (B) of this paragraph) the following new subparagraph: ``(D) Distance learning.--The development of innovative, effective, and efficient teaching methods and strategies to provide faculty and administrators with the ability to provide accessible distance education programs or classes that would enhance access of students with disabilities to higher education, including the use of electronic communication for instruction and advisement.''. (2) Conforming amendment.--Section 762(b)(3) is amended by striking ``subparagraphs (A) through (C)'' and inserting ``subparagraphs (A) through (E)''. (c) Applications.--Section 763 (20 U.S.C. 1140b) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) a description of how such institution plans to address the activities allowed under this part;''; (2) by striking ``and'' at the end of paragraph (2); (3) by striking the period at the end of paragraph (3) and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(4) a description of the extent to which an institution will work to replicate the best practices of institutions of higher education with demonstrated success in serving students with disabilities.''. (d) Authorization of Appropriations.--Section 765 (20 U.S.C. 1140d) is amended by striking ``fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years''.", "summary": "Graduate Opportunities in Higher Education Act of 2005 - Amends the Higher Education Act of 1965 (HEA) to revise requirements and reauthorize appropriations for the following Graduate and Postsecondary Improvement Programs under title VII: (1) the Jacob K. Javits fellowship program; (2) the program of graduate assistance in areas of national need; (3) the Thurgood Marshall legal educational opportunity program; (4) the Fund for the Improvement of Postsecondary Education; and (5) demonstration projects to ensure that students with disabilities receive a quality higher education. Eliminates the Urban Community Service program and certain continuation awards."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Tax Relief Act of 2006''. SEC. 2. SUSPENSION OF FUEL TAXES ON HIGHWAY MOTOR FUELS WHEN WEEKLY UNITED STATES RETAIL GASOLINE PRICES EXCEED BENCHMARK. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on motor and aviation fuels) is amended by adding at the end the following new subsection: ``(f) Suspension of Highway Motor Fuel Taxes When Retail Gasoline Exceeds Benchmark.-- ``(1) In general.--During any suspension period, the tax imposed by section 4041 or 4081 on highway motor fuel shall be suspended. ``(2) Definitions.--For purposes of this subsection-- ``(A) Suspension period.--The term `suspension period' means-- ``(i) the 60-day period beginning 7 days after the date of enactment of this subsection, and ``(ii) after such 60-day period, any period-- ``(I) beginning 7 days after the date on which the weekly United States retail gasoline price for regular grade conventional areas (as published by the Energy Information Administration, Department of Energy), inclusive of such tax, is greater than the benchmark price, and ``(II) ending 7 days after the date on which such price (as so published), without regard to this subsection, does not exceed the benchmark price. ``(B) Benchmark price.--For purposes of this subsection-- ``(i) In general.--The term `benchmark price' means $2.75 per gallon. ``(ii) Adjustment for inflation.--In the case of any calendar year beginning after 2006, the dollar amount in clause (i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `calendar year 2005' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under subclause (II) shall be rounded to the nearest cent. ``(C) Highway motor fuel.--The term `highway motor fuel' means any fuel subject to tax under section 4041 or 4081 other than aviation gasoline and aviation-grade kerosene.''. (b) Maintenance of Trust Funds Deposits; Amounts Appropriated to Trust Funds Treated as Taxes.-- (1) In general.--There is hereby appropriated (out of any money in the Treasury not otherwise appropriated) to each trust fund which would (but for this subsection) receive reduced revenues as a result of a suspension in a rate of tax by reason of section 4081(f)(1) of the Internal Revenue Code of 1986 (as added by this section) an amount equal to such reduction in revenues. Amounts appropriated by the preceding sentence to any trust fund-- (A) shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred had subsection (a) not been enacted, and (B) shall be treated for all purposes of Federal law as taxes received under the appropriate section referred to in such section 4081(f)(1). (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. (d) Floor Stock Refunds.-- (1) In general.--If-- (A) before the tax suspension date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (B) on such date such fuel is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date. (2) Time for filing claims.--No credit or refund shall be allowed or made under this subsection unless-- (A) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date based on a request submitted to the taxpayer before the date which is 3 months after the tax suspension date by the dealer who held the highway motor fuel on such date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (3) Exception for fuel held in retail stocks.--No credit or refund shall be allowed under this subsection with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (4) Definitions.--For purposes of this subsection-- (A) Tax suspension date.--The term ``tax suspension date'' means the first day of any suspension period in effect under section 4081(f) of the Internal Revenue Code of 1986 (as added by subsection (a) of this section). (B) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (5) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. (e) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel. (2) Liability for tax and method of payment.-- (A) Liability for tax.--The person holding highway motor fuel on the tax restoration date to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the 45th day after the tax restoration date. (3) Definitions.--For purposes of this subsection-- (A) Tax restoration date.--The term ``tax restoration date'' means the first day after the end of any suspension period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (B) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given to such term by section 4081(f) of such Code. (C) Held by a person.--A highway motor fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (D) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use. (5) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4). (C) Controlled groups.--For purposes of this subsection-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (6) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section.", "summary": "Gasoline Tax Relief Act of 2006 - Amends the Internal Revenue Code to suspend excise taxes on diesel and other highway motor fuels during specified periods when weekly retail gasoline prices as published by the Department of Energy exceed $2.75 per gallon."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Cancer Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 2003, an estimated 1,334,100 Americans will be diagnosed with some form of cancer. (2) In 2003, an estimated 556,500 Americans will die of cancer. In the United States, 1 in every 4 deaths results from cancer. (3) In 2002, the National Institutes of Health estimated the overall cost of cancer at $171,600,000,000. (4) In 2003, an estimated 211,300 American women and 1,300 men will be diagnosed with breast cancer, and 40,200 will die of the disease. A mammogram every 1-2 years can reduce the risk of dying by about 16 percent for women 40 years of age and older. (5) In 2003, an estimated 40,100 women will be newly diagnosed with cancer of the uterine corpus and 6,800 women will die of the disease. (6) In 2003, an estimated 147,500 Americans will be diagnosed with colorectal cancer and 57,100 will die of the disease. (7) Incidence rates of colorectal cancer stabilized between 1995 and 1999. Research suggests that declines may be in part due to increased screening and polyp removal. (8) The Chronic Disease Prevention Department found that screening for colorectal cancer can reduce the number of deaths by at least 30 percent. (9) Regular screening examinations by a health care professional can result in early detection of cancers of the breast, colon, rectum, prostate, testis, oral cavity, and skin. If all these cancers were diagnosed at a localized stage through regular examinations, the 5-year survival rate would increase from 82 percent to 95 percent. (10) Cancers of the lung, mouth, larynx, bladder, kidney, cervix, esophagus, and pancreas are related to tobacco use. The American Cancer Society estimates that in 2003 more than 180,000 cancer deaths will be caused by tobacco use. Smoking alone causes \\1/3\\ of all cancer deaths. (11) More than 1,000,000 skin cancers expected to be diagnosed in 2003 could have been prevented by protection from the sun's rays. (12) An estimated 9,000 new cases of childhood cancer are expected to occur in 2003. (13) Cancer is the chief cause of death by disease in children between the ages of 1 and 14. (14) The American Cancer Society estimates that approximately \\1/3\\ of the 556,500 cancer deaths expected in 2003 will be related to nutrition, physical inactivity, obesity, and other lifestyle factors that could be prevented. (15) About 77 percent of all cancers are diagnosed at age 55 and older. In order to ensure high quality cancer care for American seniors, medicare reimbursements must reflect the true cost of treatment in every treatment setting and medicare payments should accurately reflect the cost of drug and biologics as well as the cost of administering drugs and supportive care therapies. (16) Despite an aging population, death rates for the most common cancers, lung, colorectal, breast, and prostate continue to drop at an average of 1.7 percent per year. (17) In May 2001, Gleevec, the first in what is expected to be a number of cancer treatments, was approved for use by the Food and Drug Administration as it appeared to be effective in stopping the growth of deadly Chronic Myeloid Leukemia cells within 3 months of use. In 2002, Gleevec showed ability to stop growth of gastrointestinal stromal tumors. (18) In early 2003, researchers used gene chips to accurately predict whether or not breast cancer tumors would spread in the future. If the findings are validated, doctors will be able to determine which patients are likely to relapse and need chemotherapy, while sparing those with a favorable prognosis from additional treatment. (19) The Lance Armstrong Foundation, a leading national organization providing services and support for cancer survivors, defines cancer survivorship as living with, through, and beyond cancer. (20) In 2001, there were 9,600,000 cancer survivors in the United States. (21) Sixty percent of adults diagnosed with cancer survive at least 5 years. (22) While nearly every childhood cancer diagnosis 20 years ago was fatal, today more than 80 percent of children diagnosed with cancer survive at least 5 years. SEC. 3. SENSE OF THE SENATE. It is the sense of the Senate that the United States is at a point in history in which we must take the proper steps to reach the goal of making cancer survivorship the rule and cancer deaths rare by the year 2015. TITLE I--PUBLIC HEALTH PROVISIONS SEC. 101. NATIONAL PROGRAM OF CANCER REGISTRIES. Part M of title III of the Public Health Service Act (42 U.S.C. 280e et seq.) is amended by inserting after section 399B the following: ``SEC. 399B-1. ENHANCING CANCER REGISTRIES AND PREPARING FOR THE FUTURE. ``(a) Strategic Plan.--Not later than 1 year after the date of enactment of the National Cancer Act of 2003 the Secretary shall develop a plan and submit a report to Congress that outlines strategies by which the State cancer registries funded with grants under section 399B and the Surveillance, Epidemiology, and End Results program of the National Cancer Institute (in this section referred to as the `SEER program') can share information to ensure more comprehensive cancer data. The report shall include ways in which the Secretary will-- ``(1) standardize data between State cancer registries and the SEER program; ``(2) increase the portability and usability of data files from each registry for researchers and public health planners; ``(3) ensure data collection from the greatest number of health care facilities possible; ``(4) maximize the use of State registry data and data from the SEER program in State and regional public health planning processes; and ``(5) promote the use of data to-- ``(A) improve the health status of cancer survivors; and ``(B) research quality of cancer care and access to that care.''. SEC. 102. ENHANCING EXISTING SCREENING EFFORTS. (a) Grant and Contract Authority of States.--Section 1501(b)(2) of the Public Health Service Act (42 U.S.C. 300k(b)(2)) is amended to read as follows: ``(2) Certain applications.-- ``(A) Strategies for colorectal cancer screening.-- If any entity submits an application to a State to receive an award of a grant or contract pursuant to paragraph (1) that includes strategies for colorectal cancer screening and outreach, the State may give priority to the application submitted by that entity in any case in which the State determines that the quality of such application is equivalent to the quality of the application submitted by the other entities. ``(B) Women diagnosed with cancer.--If any entity submits an application to a State to receive an award of a grant or contract pursuant to paragraph (1) that includes strategies for the provision of treatment for uninsured women diagnosed with cancer discovered in the course of the screening, the State may give priority to the application submitted by that entity in any case in which the State determines that the quality of such application is equivalent to the quality of the application submitted by the other entities.''. (b) Requirements With Respect to Type and Quality of Services.-- Section 1503 of the Public Health Service Act (42 U.S.C. 300m) is amended by adding at the end the following: ``(d) Waiver of Direct Services Requirement.--The Secretary may waive the requirement under subsection (a)(1) if-- ``(1) the State involved will use the grant under this section for a demonstration project that will leverage private funds to supplement program efforts; or ``(2) such requirement would cause a barrier to the enrollment of qualifying women.''. (c) Authorization of Appropriations.--Section 1510(a) of the Public Health Service Act (42 U.S.C. 300n-5(a)) is amended by striking ``$50,000,000'' and all that follows and inserting ``such sums as may be necessary for each of fiscal years 2004 through 2008.''. (d) Report on the Comprehensive Colorectal Cancer Initiative.--Not later than 6 months after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of Congress a report containing an assessment of the success of the Comprehensive Colorectal Cancer Initiative (within the Centers for Disease Control and Prevention) in-- (1) increasing public awareness of colorectal cancer; (2) increasing awareness of screening guidelines among health care providers; (3) monitoring national colorectal cancer screening rates; (4) promoting increased patient-provider communication about colorectal cancer screening; (5) supporting quantitative and qualitative research efforts; and (6) providing funding to State programs to implement colorectal cancer priorities. SEC. 103. ENHANCED PATIENT EDUCATION. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. ENHANCED PATIENT EDUCATION. ``(a) Grants Authorized.--The Secretary is authorized to award grants to eligible entities to implement programs to educate patients and their families about-- ``(1) the availability and options of effective medical techniques and pain management technology therapies to reduce and prevent pain and suffering for those with cancer upon diagnosis; ``(2) the unique health challenges associated with cancer survivorship, including-- ``(A) the role of followup care and monitoring to support and improve the long-term quality of life for cancer survivors; ``(B) physical activity and healthy lifestyles; and ``(C) the availability of peer and mentor support programs; and ``(3) community resources available to increase access to quality cancer care. ``(b) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''. SEC. 104. PRACTITIONER EDUCATION PROGRAM. Section 414 of the Public Health Service Act (42 U.S.C. 285a-3) is amended by adding at the end the following: ``(d) In order to receive funding under this section, a center described under subsection (a) shall maintain a program for disseminating to patients and research participants, as well as their caregivers, the latest information about-- ``(1) pain and symptom management and palliative care; and ``(2) the unique clinical and research challenges associated with cancer survivorship. ``(e) The Secretary may provide additional amounts to fund centers under subsection (a) that develop innovative relationships with community cancer centers, community health centers, rural hospitals, and other community-based health care providers who target medically underserved populations for the purpose of increasing access to quality cancer care.''. SEC. 105. ELEVATING THE IMPORTANCE OF PAIN MANAGEMENT AND CANCER SURVIVORSHIP THROUGHOUT THE NATION'S CANCER PROGRAMS. (a) National Cancer Program.--Section 411 of the Public Health Service Act (42 U.S.C. 285a) is amended to read as follows: ``Sec. 411. The National Cancer Program shall consist of-- ``(1) an expanded, intensified, and coordinated cancer research program encompassing the research programs conducted and supported by the Institute and the related research programs of the other national research institutes, including research programs for-- ``(A) pain and symptom management; ``(B) survivorship; and ``(C) the prevention of cancer caused by occupational or environmental exposure to carcinogens; and ``(2) the other programs and activities of the Institute, including research on populations with both uniquely diverse genetic variation and geographic isolation.''. (b) Cancer Control Programs.--Section 412(2) of the Public Health Service Act (42 U.S.C. 285a-1(2)) is amended-- (1) in subparagraph (A), by striking ``, and'' and inserting a semicolon; and (2) by adding at the end the following: ``(C) appropriate methods of pain and symptom management for individuals with cancer, including end- of-life care and cancer survivorship; and''. (c) Special Authorities of the Director.--Section 413(a)(2) of the Public Health Service Act (42 U.S.C. 285a-2(a)(2)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(F) assess and improve pain and symptom management of cancer throughout the course of treatment and cancer survivorship.''. (d) Breast and Gynecological Cancers.--Section 417 of the Public Health Service Act (42 U.S.C. 285a-6) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by inserting after subparagraph (E) the following: ``(F) basic, clinical, and applied research concerning pain and symptom management and cancer survivorship.''; and (2) in subsection (d)-- (A) in paragraph (4), by striking ``and'' at the end; (B) in paragraph (5), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) basic, clinical, and applied research concerning pain and symptom management and cancer survivorship.''. (e) Prostate Cancer.--Section 417A(c)(1) of the Public Health Service Act (42 U.S.C. 285a-7(c)(1)) is amended-- (1) in subparagraph (F), by striking ``and'' at the end; (2) in subparagraph (G), by striking the period and inserting ``; and''; and (3) by inserting after subparagraph (G) the following: ``(H) basic and clinical research concerning pain and symptom management and cancer survivorship.''. SEC. 106. SURVIVORSHIP RESEARCH PROGRAM. Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417D. SURVIVORSHIP RESEARCH PROGRAM. ``(a) Establishment.--There is established, within the Institute, an Office on Cancer Survivorship (in this section referred to as the `Office'), which may be headed by an Associate Director, to implement and direct the expansion and coordination of the activities of the Institute with respect to cancer survivorship research. ``(b) Collaboration Among Agencies.--In carrying out the activities described in subsection (a), the Office shall collaborate with other institutes, centers, and offices within the National Institutes of Health that are determined appropriate by the Office. ``(c) Report.--Not later than 1 year after the date of enactment of this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report providing a description of the survivorship activities of the Office and strategies for future activities.''. TITLE II--RESEARCH PROVISIONS SEC. 201. NATIONAL CANCER INSTITUTE. (a) Other Transactions Authority.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.), as amended by section 106, is further amended by adding at the end the following: ``SEC. 417E. OTHER TRANSACTIONS AUTHORITY. ``Notwithstanding any other provision of this subpart, the Director of the National Cancer Institute may cofund grant projects with private entities for any purpose described in this subpart.''. (b) Sense of the Senate on a Central Institutional Review Board.-- It is the sense of the Senate that-- (1) the current procedure of sending 1 clinical trial through multiple local institutional review boards may not be the most efficient method for the protection of patients enrolled in the trial and may delay the process of bringing lifesaving treatment to cancer patients; (2) the National Cancer Institute should be commended for its work in centralizing the institutional review board process; and (3) the research community should continue to streamline the institutional review board process in order to bring lifesaving treatments to patients as quickly as possible. (c) Patient and Provider Outreach Opportunities With Experimental Therapies.--For the purpose of enhancing patient access to experimental therapies, the National Cancer Institute shall conduct the following activities: (1) Integrate, to the maximum extent practicable, trials being conducted by private manufacturers into the National Cancer Institute's clinical trials online database. Such integration may require specific awareness-raising and outreach activities by the National Cancer Institute to private industry. (2) Establish an education program which provides patients and providers with-- (A) information about how to access and use the National Cancer Institute clinical trials database online; and (B) information about the Food and Drug Administration process for approving the use of drugs and biologics for a single patient.", "summary": "National Cancer Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to develop an information-sharing plan for State cancer registries. Modifies provisions concerning preventive health measures with respect to breast and cervical cancers to permit priority to be given to certain projects involving: (1) colorectal cancer screening and outreach; and (2) treating uninsured women diagnosed with cancer during such screening. Authorizes specified waivers of the direct services requirement for breast and cervical cancer screening grants. Authorizes the Secretary to award grants to eligible entities to educate cancer patients and their families about medical techniques to reduce and prevent pain, survivorship care and support programs, and related community resources. Requires a national cancer research center to have a practitioner education program that includes pain and symptom management and survivorship care. Amends various provisions of the Act to emphasize the importance of pain and symptom management throughout the nation's cancer programs. Establishes within the National Cancer Institute (the NCI) an Office on Cancer Survivorship. Authorizes the Director of NCI to co-fund grant projects for various cancer programs. Expresses the sense of the Senate with respect to: (1) cancer survivorship; and (2) institutional review board procedures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tick-Borne Disease Research Accountability and Transparency Act of 2014''. SEC. 2. LYME DISEASE AND OTHER TICK-BORNE DISEASES. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following new part: ``PART W--LYME DISEASE AND OTHER TICK-BORNE DISEASES ``SEC. 399OO. RESEARCH. ``(a) In General.--The Secretary shall conduct or support epidemiological, basic, translational, and clinical research regarding Lyme disease and other tick-borne diseases. ``(b) Biennial Reports.--The Secretary shall ensure that each biennial report under section 403 includes information on actions undertaken by the National Institutes of Health to carry out subsection (a) with respect to Lyme disease and other tick-borne diseases, including an assessment of the progress made in improving the outcomes of Lyme disease and such other tick-borne diseases. ``SEC. 399OO-1. WORKING GROUP. ``(a) Establishment.--The Secretary shall establish a permanent working group, to be known as the Interagency Lyme and Tick-Borne Disease Working Group (in this section and section 399OO-2 referred to as the `Working Group'), to review all efforts within the Department of Health and Human Services concerning Lyme disease and other tick-borne diseases to ensure interagency coordination, minimize overlap, and examine research priorities. ``(b) Responsibilities.--The Working Group shall-- ``(1) not later than 24 months after the date of enactment of this part, and every 24 months thereafter, develop or update a summary of-- ``(A) ongoing Lyme disease and other tick-borne disease research related to causes, prevention, treatment, surveillance, diagnosis, diagnostics, duration of illness, intervention, and access to services and supports for individuals with Lyme disease or other tick-borne diseases; ``(B) advances made pursuant to such research; ``(C) the engagement of the Department of Health and Human Services with persons that participate at the public meetings required by paragraph (5); and ``(D) the comments received by the Working Group at such public meetings and the Secretary's response to such comments; ``(2) ensure that a broad spectrum of scientific viewpoints is represented in each such summary; ``(3) monitor Federal activities with respect to Lyme disease and other tick-borne diseases; ``(4) make recommendations to the Secretary regarding any appropriate changes to such activities; and ``(5) ensure public input by holding annual public meetings that address scientific advances, research questions, surveillance activities, and emerging strains in species of pathogenic organisms. ``(c) Membership.-- ``(1) In general.--The Working Group shall be composed of a total of 14 members as follows: ``(A) Federal members.--Seven Federal members, consisting of one or more representatives of each of-- ``(i) the Office of the Assistant Secretary for Health; ``(ii) the Food and Drug Administration; ``(iii) the Centers for Disease Control and Prevention; ``(iv) the National Institutes of Health; and ``(v) such other agencies and offices of the Department of Health and Human Services as the Secretary determines appropriate. ``(B) Non-federal public members.--Seven non- Federal public members, consisting of representatives of the following categories: ``(i) Physicians and other medical providers with experience in diagnosing and treating Lyme disease and other tick-borne diseases. ``(ii) Scientists or researchers with expertise. ``(iii) Patients and their family members. ``(iv) Nonprofit organizations that advocate for patients with respect to Lyme disease and other tick-borne diseases. ``(v) Other individuals whose expertise is determined by the Secretary to be beneficial to the functioning of the Working Group. ``(2) Appointment.--The members of the Working Group shall be appointed by the Secretary, except that of the non-Federal public members under paragraph (1)(B)-- ``(A) one shall be appointed by the Speaker of the House of Representatives; and ``(B) one shall be appointed by the Majority Leader of the Senate. ``(3) Diversity of scientific perspectives.--In making appointments under paragraph (2), the Secretary, the Speaker of the House of Representatives, and the Majority Leader of the Senate shall ensure that the non-Federal public members of the Working Group represent a diversity of scientific perspectives. ``(4) Terms.--The non-Federal public members of the Working Group shall each be appointed to serve a 4-year term and may be reappointed at the end of such term. ``(d) Meetings.--The Working Group shall meet as often as necessary, as determined by the Secretary, but not less than twice each year. ``(e) Applicability of FACA.--The Working Group shall be treated as an advisory committee subject to the Federal Advisory Committee Act. ``(f) Reporting.--Not later than 24 months after the date of enactment of this part, and every 24 months thereafter, the Working Group-- ``(1) shall submit a report on its activities, including an up-to-date summary under subsection (b)(1) and any recommendations under subsection (b)(4), to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor and Pensions of the Senate; ``(2) shall make each such report publicly available on the website of the Department of Health and Human Services; and ``(3) shall allow any member of the Working Group to include in any such report minority views. ``SEC. 399OO-2. STRATEGIC PLAN. ``Not later than 3 years after the date of enactment of this section, and every 5 years thereafter, the Secretary shall submit to the Congress a strategic plan, informed by the most recent summary under section 399OO-1(b)(1), for the conduct and support of Lyme disease and tick-borne disease research, including-- ``(1) proposed budgetary requirements; ``(2) a plan for improving outcomes of Lyme disease and other tick-borne diseases, including progress related to chronic or persistent symptoms and chronic or persistent infection and co-infections; ``(3) a plan for improving diagnosis, treatment, and prevention; ``(4) appropriate benchmarks to measure progress on achieving the improvements described in paragraphs (2) and (3); and ``(5) a plan to disseminate each summary under section 399OO-1(b)(1) and other relevant information developed by the Working Group to the public, including health care providers, public health departments, and other relevant medical groups.''. SEC. 3. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act and the amendment made by this Act, and this Act and such amendment shall be carried out using amounts otherwise available for such purpose. Passed the House of Representatives September 9, 2014. Attest: KAREN L. HAAS, Clerk.", "summary": "Tick-Borne Disease Research Accountability and Transparency Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to conduct or support epidemiological, basic, translational, and clinical research regarding Lyme disease and other tick-borne diseases. Directs the Secretary to establish the Interagency Lyme and Tick-Borne Disease Working Group to review all HHS efforts concerning tick-borne diseases to ensure interagency coordination and examine research priorities. Requires the Working Group to: (1) provide a summary of tick-borne disease research, advances, and scientific viewpoints every two years; (2) make recommendations to HHS regarding tick-borne disease activities; and (3) hold annual public meetings.Requires HHS to submit a strategic plan for tick-borne disease research within three years of enactment and every five years thereafter that includes: (1) budgetary requirements; (2) benchmarks for improving tick-borne disease diagnosis, treatment, outcomes, and prevention; and (3) a plan to disseminate Working Group summaries and other relevant information on tick-borne disease to health professionals and the public."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors Financial Fraud Prevention Act of 2010''. SEC. 2. OFFICE FOR THE PREVENTION OF FRAUD TARGETING SENIORS. (a) Establishment of Office.--The Federal Trade Commission shall establish a separate office within the Commission for the purpose of preventing fraud targeting seniors and to assist the Commission with the following: (1) Oversight.--The office shall monitor the market for mail, telemarketing, television, and Internet fraud targeting seniors and shall coordinate with other relevant agencies regarding the requirements of this section. (2) Consumer education.--The Federal Trade Commission through the office shall, after consultation with the Attorney General, the Secretary of Health and Human Services, the Postmaster General, and the Chief Postal Inspector for the United States Postal Inspection Service-- (A) disseminate to seniors and families and caregivers of seniors general information on mail, telemarketing, television, and Internet fraud targeting seniors, including descriptions of the most common fraud schemes; (B) disseminate to seniors and families and caregivers of seniors information on means of referring complaints of fraud targeting seniors to appropriate law enforcement agencies, including the Director of the Federal Bureau of Investigation, the attorneys general of the States, and a national toll-free telephone number for reporting mail, telemarketing, television, and Internet fraud established by the Federal Trade Commission; (C) in response to a specific request about a particular entity or individual, provide publicly available information on any record of civil or criminal law enforcement action for mail, telemarketing, television, or Internet fraud against such entity; and (D) maintain a website to serve as a resource for information for seniors and families and caregivers of seniors regarding mail, telemarketing, television, and Internet fraud targeting seniors. (3) Complaints.--The Federal Trade Commission through the office shall, after consultation with the Attorney General, establish procedures to-- (A) log and acknowledge the receipt of complaints by individuals who certify that they have a reasonable belief that they have been the victim of fraud in connection with the conduct of mail, telemarketing (as that term is defined in section 2325 of title 18, United States Code), television, and Internet; (B) provide to individuals described in subparagraph (A), and to any other persons, information on mail, telemarketing, television, and Internet fraud, including-- (i) general information on mail, telemarketing, television, and Internet fraud, including descriptions of the most common mail, telemarketing, television, and Internet fraud schemes; (ii) information on means of referring complaints on mail, telemarketing, television, and Internet fraud to appropriate law enforcement agencies, including the Director of the Federal Bureau of Investigation and the Attorney General; and (iii) information, if available, on the number of complaints of mail, telemarketing, television, and Internet fraud against particular companies and any record of convictions for mail, telemarketing, television, and Internet fraud by particular companies for which a specific request has been made; and (C) refer complaints described in subparagraph (A) to appropriate entities, including State consumer protection agencies or entities and appropriate law enforcement agencies, for potential law enforcement action. (b) Commencement.--The Federal Trade Commission shall commence carrying out the requirements of this section not later than one year after the date of enactment of this Act.", "summary": "Seniors Financial Fraud Prevention Act of 2010 - Establishes a separate office within the Federal Trade Commission (FTC) for the prevention of fraud targeting seniors and requires the office to assist the FTC in monitoring the market for mail, telemarketing, television, and Internet fraud which targets seniors. Requires the FTC through such office: (1) to disseminate to seniors and their families and caregivers information on mail, telemarketing, television, and Internet fraud targeting seniors, including on ways of referring complaints to appropriate law enforcement agencies; (2) in response to a request about a particular entity or individual, to provide publicly available information on any record of civil or criminal law enforcement action for such fraud; and (3) to maintain a website as a resource for such individuals on those kinds of fraud. Requires the FTC through such office to establish procedures to: (1) log and acknowledge complaints from individuals who certify that they believe they have been victims of mail, telemarketing, television, or Internet fraud; (2) provide certain information on those kinds of fraud; and (3) refer such complaints to appropriate entities, including state consumer protection agencies and entities and appropriate law enforcement agencies, for potential law enforcement action."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hope Offered through Principled, Ethically-Sound Stem Cell Research Act'' or the ``HOPE Act''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) intensify research that may result in improved understanding of or treatments for diseases and other adverse health conditions; and (2) promote the derivation of pluripotent stem cell lines without the creation of human embryos for research purposes or discarding, destroying, or knowingly harming a human embryo. SEC. 3. DEFINITIONS. In this Act: (1) Altered nuclear transfer.--The term ``altered nuclear transfer'' means a method for obtaining pluripotent stem cells using a modified form of somatic cell nuclear transfer to produce a biological artifact. (2) Biological artifact.--The term ``biological artifact'' means an artificially created non-embryonic cellular system, engineered to lack the essential elements of embryogenesis but still capable of some cell division and growth. (3) Direct reprogramming of adult cells.--The term ``direct reprogramming of adult cells'' means a procedure whereby differentiated, somatic cells are restored to a more undifferentiated, multipotent condition. Such process is also known as ``dedifferentiation''. (4) Embryo adoption.--The term ``embryo adoption'' means the occurrence of a woman receiving into her uterus a human embryo or embryos to which neither she nor her partner has contributed a gamete for the purpose of child bearing. (5) Embryonic stem cells.--The term ``embryonic stem cells'' means primitive cells derived from the inner cell mass of the human embryo or embryos, that have the potential to become a wide variety of specialized cell types. (6) Human embryo or embryos.--The term ``human embryo or embryos'' includes any organism, not protected as a human subject under part 46 of title 45, Code of Federal Regulations, as of the date of enactment of this section, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. (7) In vitro fertilization.--The term ``in vitro fertilization'' means the union of an egg and sperm, where the event takes place outside the body and in an artificial environment. (8) Oocyte.--The term ``oocyte'' means an unfertilized human egg cell. (9) Organismically dead embryo.--The term ``organismically dead embryo'' means the irreversible loss of the capacity of continued and integrated cellular division, growth and differentiation. (10) Pluripotent cell.--The term ``pluipotent cell'' means a cell that can produce all the cell types of the developing body. Embryonic stem cells, as well as the inner cell mass cells of the blastocyst, are pluripotent cells. (11) Pluripotent stem cells.--The term ``pluripotent stem cells'' means precursor cells that are capable both of perpetuating themselves as stem cells and of producing all or almost all the cell types of the developing body, and that have functional capacity (stable pluripotency) as an embryonic stem cell, though not necessarily the same origin. (12) Review board.--The term ``Review Board'' means the National Stem Cell Review Board established under section 5. (13) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (14) Stem cell line.--The term ``stem cell line'' means stem cells which have been cultured under in vitro conditions that allow proliferation without differentiation from months to years. SEC. 4. PROVISION OF FEDERAL FUNDING. (a) Basic and Applied Research.-- (1) In general.--The Secretary shall conduct and support basic and applied research to develop techniques for the isolation, derivation, production, or testing of pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not they have an embryonic source), and may result in improved understanding of or treatments for diseases and other adverse health conditions, provided that such isolation, derivation, production, or testing will not involve-- (A) the creation of a human embryo or embryos for research purposes; or (B) the destruction or discarding of a human embryo or embryos, or knowingly subjecting a human embryo or embryos to risk of injury or death greater than that allowed for research on fetuses in utero under section 498(b) of this Act and section 46.204(b) of title 45, Code of Federal Regulations. (2) Inclusions.--Research under paragraph (1) may include-- (A) Methods that use-- (i) cells derived from altered nuclear transfer; or (ii) cells derived from organismically dead embryos; and (B) the investigation of evidence for pluripotent potential in adult stem cells from various sources; or (C) the direct reprogramming of adult cells, the derivation of stem cells from human germ cells, and other methods that do not harm or destroy a human embryo or embryos and that are certified by the Review Board. (b) Limitations.--If any research described in subsection (a) is determined by the Secretary to create an embryo or embryos for research purposes, or harm or destroy a human embryo or embryos, such research shall immediately be terminated until such determination is reviewed and resolved to the satisfaction of the Review Board. (c) Guidelines.--Not later than 90 days after the date of the enactment of this section, the Secretary, after consultation with the Director, shall issue final guidelines that-- (1) provide guidance concerning the next steps required for additional research, which shall include a determination of the extent to which specific techniques may require additional basic or animal research to ensure that any research involving human cells using these techniques would clearly be consistent with subsection (a); (2) prioritize research with the greatest potential for near-term clinical benefit; and (3) consistent with subsection (a), take into account techniques outlined by the President's Council on Bioethics and any other appropriate techniques and research. (d) Reporting Requirements.--Not later than January 1 of each year, the Secretary shall prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the fiscal year, including a description of the research conducted under this section. (e) Rule of Construction.--Nothing in this section shall be construed as altering the policy in effect on the date of enactment of this section regarding the eligibility of stem cell lines for funding by the National Institutes of Health. SEC. 5. NATIONAL STEM CELL RESEARCH REVIEW BOARD. (a) In General.--There shall be established within the Department of Health and Human Services a board to be known as the ``National Stem Cell Research Review Board'' which shall be responsible for-- (1) monitoring research to ensure that it is in compliance with the principles of this Act; (2) prioritizing research with the greatest potential for near term benefits; (3) ensuring fair consideration of both embryonic stem cell and adult stem cell research for funding; and (4) completing their duties under this section in a timely matter to promote rather than hinder appropriate research. (b) Composition.-- (1) In general.--The Review Board shall be composed of 11 individuals, to be appointed by the Secretary. (2) Requirements.--The members appointed under paragraph (1) shall include-- (A) scientists or physicians with relevant expertise (including areas of assisted reproduction, developmental biology, and clinical medicine), including scientists that are not directly engaged in the research considered by the Board; (B) ethicists or professionals from other disciplines with a specialized ability to interpret the moral justifications and implications of the research considered by the Board; (C) members or advisors familiar with relevant national legal statutes governing the research considered by the Board; and (D) community members, unaffiliated with the institutions involved through employment or other remunerative relationships, who are objective and reasonably familiar with the views and needs of research subjects, patients and patient communities who could be benefitted or harmed by stem cell research, and community standards. (3) Terms of office.-- (A) In general.--The term of office of a member of a the Review Board appointed under paragraph (1) shall be 4 years, except that any member appointed to fill a vacancy for an unexpired term shall serve for the remainder of such term. The Secretary shall ensure that appointments are made to the Board in such a manner as to ensure that the terms of the members not all expire in the same year and that not all members' terms concur with the 4-year Presidential term. A member of the Board may serve after the expiration of such member's term until a successor has been appointed and taken office. (B) Time for appointment.--If a vacancy occurs among the members of the Review Board, the Secretary shall ensure that an appointment to fill such vacancy occurs within 90 days from the date the vacancy occurs. (c) Limitation.--The Review Board shall not be responsible for dispersing funds. The Board shall ensure that funds which are to be provided by the Federal Government are being used appropriately and under the provisions of this Act. (d) Additional Administrative Provisions.-- (1) Compensation.--Members of the Review Board who are officers or employees of the United States shall not receive any compensation for service on the Board. The remaining members of the Board shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent to the annual rate in effect for grade GS-15 of the General Schedule. (2) Executive secretary and staff.--The Review Board may appoint an individual to serve as the Executive Secretary of the Board. The Secretary shall make available to the Board such staff, information, and other assistance as it may require to carry out its functions. SEC. 6. INFORMED CONSENT PROVISIONS. (a) Purpose.--It is the purpose of this section to ensure that individuals are empowered to make voluntary and informed decisions regarding the use of human embryo or embryos created using their biological materials or their oocytes. (b) Timing of Consent.--Consent from an individual for the donation of materials for research described in this Act shall be obtained from such individual, in writing, at the time of the proposed transfer of the donated materials from the storage site to the research team. (c) Provision of Information to Donors.--At the time that the consent described in subsection (b) is given, the donor shall be informed, verbally and in writing, that the donor retains the right to withdraw such consent until such time as the donated materials involved are actually utilized in research. SEC. 7. PRIVACY. Provisions protecting individually identifiable information under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) shall apply to donors under this Act. SEC. 8. PROHIBITION ON PROFITEERING FROM COMMERCE IN EMBRYOS, HUMAN OVUMS, OR EMBRYONIC STEM CELL LINES. (a) No Valuable Consideration.--Section 301 of the National Organ Transplant Act (42 U.S.C. 274e) is amended-- (1) in subsection (a), by inserting ``, human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo'' after ``any human organ''; and (2) in subsection (c)(2)-- (A) by striking ``human organ'' each place the term appears and inserting ``human organ, human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo''; and (B) by inserting ``, ovum, blastocyst, embryo, or stem cell'' after ``the organ''. (b) No Profits From Therapies That Destroy Human Embryos.--Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by adding at the end the following: ``SEC. 498D. REQUIREMENTS FOR RESEARCH INVOLVING HUMAN EMBRYOS. ``(a) Ensuring Access to Affordable Treatments.-- ``(1) In general.--It shall be unlawful for any person to knowingly receive any valuable consideration for any therapy that-- ``(A) affects interstate commerce or is funded, in full or in part, by Federal assistance; and ``(B) utilizes cells from a human embryo, if the process of deriving such cells destroyed the embryo. ``(2) Definition of valuable consideration.--In this subsection, the term `valuable consideration' does not include the reasonable production and administrative costs associated with developing a therapy described in paragraph (1).''. SEC. 9. FUNDING FOR STEM CELL RESEARCH. (a) In General.--There is authorized to be appropriated to carry out this Act, $5,000,000,000 for the period beginning with fiscal year 2008 and ending with fiscal year 2017. (b) Distribution of Funds.-- (1) In general.--Not less than 90 percent of the amount appropriated in each fiscal year under subsection (a) shall be allocated by the Secretary for the research and administrative costs described in this Act. (2) Remainder.--Not more than 10 percent of the amount appropriated in each fiscal year under subsection (a) shall be allocated by the Secretary for-- (A) the Federal promotion of human embryo or embryos adoption from in vitro fertilization clinics; (B) research towards prevention and medical treatment of genetic conditions consistent with this Act that do not involve harming or destroying human embryos in order to promote the health of the population; and (C) research to advance the understanding of clinical techniques to minimize the creation of human embryo or embryos that remain unimplanted after clinical in vitro fertilization treatments.", "summary": "Hope Offered through Principled, Ethically-Sound Stem Cell Research Act or the HOPE Act - Requires the Secretary of Health and Human Services to conduct and support research to develop techniques for the isolation, derivation, production, or testing of pluripotent stem cells that have the flexibility of embryonic stem cells and that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, provided that such techniques do not involve: (1) the creation of a viable human embryo for research purposes; (2) the destruction or discarding of a human embryo; or (3) knowingly subjecting a human embryo to risk of injury or death greater than that allowed on fetuses in utero. Establishes the National Stem Cell Research Review Board to: (1) monitor research to ensure that it is in compliance with this Act; (2) prioritize research with the greatest potential for near term benefits; and (3) ensure fair consideration of both embryonic and adult stem cell research for funding. Sets forth consent requirements for the donation of materials for research. Applies federal provisions protecting individually identifiable health information to donors. Amends the National Organ Transplant Act to prohibit the transfer of any human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo for valuable consideration. Amends the Public Health Service Act to prohibit any person from knowingly receiving any valuable consideration for any therapy that: (1) affects interstate commerce or is funded by federal assistance; and (2) utilizes cells from a human embryo if the process of deriving such cells destroyed the embryo."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Health Center Volunteer Provider Protection Act of 2005''. SEC. 2. FINDINGS. Congress finds as follows: (1) As there are over 45,000,000 individuals lacking health insurance or who have inadequate health care coverage in the United States, health centers under section 330 of the Public Health Service Act (42 U.S.C. 254b), including community health centers, are increasingly called upon to provide care to the uninsured and underinsured. (2) These health centers are being challenged by increasing financial pressures that jeopardize their ability to provide access to health services for a number of large medically underserved populations, including the elderly, the uninsured, and lower-income individuals. (3) Granting volunteer physician liability coverage through the program under section 224(g) of the Public Health Service Act (relating to the provisions of title 28, United States Code, that are commonly referred to as the Federal Tort Claims Act) (42 U.S.C. 233(g)) would significantly increase the number of physicians available onsite at such health centers. Federal studies have concluded that by offering liability coverage, such centers are able to redirect funds to recruit full-time physicians and provide needed health care services to their communities. (4) In addition, an increase in volunteer physicians at the health centers will result in a direct improvement in the ability of the centers to offer quality health care services where the services are needed most. SEC. 3. HEALTH CENTERS UNDER PUBLIC HEALTH SERVICE ACT; LIABILITY PROTECTIONS FOR VOLUNTEER PRACTITIONERS. (a) In General.--Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended-- (1) in subsection (g)(1)(A)-- (A) in the first sentence, by striking ``or employee'' and inserting ``employee, or (subject to subsection (k)(4)) volunteer practitioner''; and (B) in the second sentence, by inserting ``and subsection (k)(4)'' after ``subject to paragraph (5)''; and (2) in each of subsections (g), (i), (j), (k), (l), and (m), by striking ``employee, or contractor'' each place such term appears and inserting ``employee, volunteer practitioner, or contractor''. (b) Applicability; Definition.--Section 224(k) of the Public Health Service Act (42 U.S.C. 233(k)) is amended by adding at the end the following paragraph: ``(4)(A) Subsections (g) through (m) apply with respect to volunteer practitioners beginning with the first fiscal year for which an appropriations Act provides that amounts in the fund under paragraph (2) are available with respect to such practitioners. ``(B) For purposes of subsections (g) through (m), the term `volunteer practitioner' means a practitioner who, with respect to an entity described in subsection (g)(4), meets the following conditions: ``(i) The practitioner is a licensed physician or a licensed clinical psychologist. ``(ii) At the request of such entity, the practitioner provides services to patients of the entity, at a site at which the entity operates or at a site designated by the entity. The weekly number of hours of services provided to the patients by the practitioner is not a factor with respect to meeting conditions under this subparagraph. ``(iii) The practitioner does not for the provision of such services receive any compensation from such patients, from the entity, or from third-party payors (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program).''. SEC. 4. STUDY ON ADEQUACY OF FUNDING FOR COVERAGE. (a) Study.--The Comptroller General of the United States shall conduct a study concerning the adequacy of funding for liability coverage through the program under section 224(g) of the Public Health Service Act (relating to the provisions of title 28, United States Code, that are commonly referred to as the Federal Tort Claims Act) (42 U.S.C. 233(g)) for-- (1) public or nonprofit private entities receiving Federal funds for health centers under section 330 of such Act (42 U.S.C. 254b); and (2) volunteer practitioners serving such health centers. (b) Report.--Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to the appropriate committees of Congress a report containing findings and recommendations from the study conducted under subsection (a), including recommendations concerning the adequacy of the funding described in subsection (a).", "summary": "Community Health Center Volunteer Provider Protection Act of 2005 - Amends the Public Health Service Act to deem volunteer practitioners at health centers as employees of the Public Health Service for purposes of any civil action that may arise due to providing services to patients at such health centers. Defines \"volunteer practitioner\" as a licensed physician who: (1) at the request of the entity, provides services to patients of a public or nonprofit entity receiving Federal funds for serving medically underserved areas; (2) provides such service at a site at which the entity operates or at a site designated by the entity; and (3) does not receive any compensation for the provision of services. Requires the Comptroller General to study the adequacy of funding for liability coverage for: (1) public or nonprofit private entities receiving federal funds for health centers; and (2) volunteer practitioners serving such centers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consultation and Coordination With Indian Tribal Governments Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Accountable consultation process.--The term ``accountable consultation process'' means a process of government-to-government dialogue between the agency and Indian tribes to ensure meaningful and timely input by tribal officials in the formulating, amending, implementing, or recinding one or more policies that have tribal implications. The process shall ensure, at a minimum, the following: (A) That tribal officials have ample opportunity to provide input and recommendations to the agencies regarding formulating, amending, implementing, or recinding policies that have tribal implications. (B) That tribal input and recommendations are fully considered by the agency before policies that have tribal implications are formulated, amended, implemented, or recinded. (C) That, upon the formulation, amendment, implementation, or recision of policies that have tribal implications, tribal officials shall be provided with written notification of the formulation, amendment, implementation, or recision of such policies and given a copy of those policies. (D) That any policies that have tribal implications shall not become effective until at least 60 days after written notification to tribal officials pursuant to subparagraph (D). (2) Agency.--The term ``agency'' means the Department of the Interior, the Indian Health Service, and the National Indian Gaming Commission. (3) Indian tribe.--The term ``Indian tribe'' means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (4) Policies that have tribal implications.--The term ``policies that have tribal implications'' means any measure by the agency that has or is likely to have a direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, such as regulations, legislative comments or proposed legislation, and other policy statements or actions, guidance, clarification, standards, or sets of principles. (5) Tribal officials.--The term ``tribal officials'' means elected or duly appointed officials of Indian tribal governments, or their designees. SEC. 3. FUNDAMENTAL PRINCIPLES. When formulating, amending, implementing, or recinding one or more policies that have tribal implications, an agency shall be guided by the following fundamental principles: (1) The United States has a unique legal and political relationship with Indian tribal governments as set forth in the Constitution of the United States, treaties, statutes, Executive orders, and court decisions. The Federal Government has enacted numerous statutes and promulgated numerous regulations that establish and define a trust relationship with Indian tribes. (2) Our Nation, under the law of the United States, in accordance with treaties, statutes, Executive orders, and judicial decisions, has recognized the right of Indian tribes to self-government. Indian tribes exercise inherent sovereign powers over their members and territory. The United States continues to work with Indian tribes on a government-to- government basis to address issues concerning Indian tribal self-government, tribal trust resources, and Indian tribal treaty and other rights. (3) The United States recognizes the right of Indian tribes to self-government and supports tribal sovereignty and self- determination. SEC. 4. POLICYMAKING CRITERIA. In addition to adhering to the fundamental principles set forth in section 3, when formulating, amending, implementing, or recinding one or more policies that have tribal implications each agency shall adhere to the following criteria: (1) Each agency shall respect Indian tribal self-government and sovereignty, honor tribal treaty and other rights, and strive to meet the responsibilities that arise from the unique legal and political relationship between the Federal Government and Indian tribal governments. (2) With respect to Federal statutes and regulations administered by Indian tribal governments, each agency shall ensure Indian tribal governments the maximum administrative discretion possible. (3) Each agency shall-- (A) encourage Indian tribes to develop their own policies to achieve program objectives; (B) to the extent they do not violate other applicable laws, defer to Indian tribes to establish standards; and (C) in determining whether to establish Federal standards, consult with tribal officials as to the need for Federal standards and any alternatives that would limit the scope of Federal standards or otherwise preserve the prerogatives and authority of Indian tribes. SEC. 5. CONSULTATION. Each agency shall have an accountable consultation process. Not later than 30 days after the date of the enactment of this Act, the head of each agency shall designate an official with principal responsibility for the agency's implementation of this Act. Not later than 60 days after the date of the enactment of this Act, the designated official shall submit a description of the agency's accountable consultation process to the Committee on Natural Resources of the House of Representative and the Committee on Indian Affairs of the Senate. SEC. 6. UNFUNDED MANDATES. To the extent practicable and permitted by law, no agency shall formulate, amend, or implement any policy that has tribal implications that imposes substantial direct compliance costs on Indian tribal governments and is not required by Federal law unless-- (1) funds necessary to pay the substantial direct costs incurred by the Indian tribal government or the Indian tribe in complying with the policy are provided by the Federal Government; or (2) the agency, before the implementation of the policy-- (A) consulted through the accountable consultation process with tribal officials early in the process of developing the proposed policy; and (B) in a separately identified portion of the preamble to the policy, provided to the Committee on Natural Resources of the House of Representative, the Committee on Indian Affairs of the Senate, and affected Indian tribes a tribal summary impact statement containing-- (i) a description of the extent of the agency's prior consultation with tribal officials; (ii) a summary of the nature of the concerns of the tribal officials and the agency's position supporting the need to issue the regulation; and (iii) a statement of the extent to which the concerns of tribal officials have been met. SEC. 7. TRIBAL SELF-GOVERNMENT, TRIBAL TRUST RESOURCES, OR INDIAN TRIBAL TREATY AND OTHER RIGHTS. On issues relating to tribal self-government, tribal trust resources, or Indian tribal treaty and other rights, each agency shall explore and, where appropriate, use consensual mechanisms for developing policies, including consideration of negotiated rulemaking. SEC. 8. PREEMPTION OF TRIBAL LAW. To the extent practicable and permitted by law, no agency shall establish or implement any policy that has tribal implications and that preempts tribal law unless the agency, before the implementation of the policy-- (1) consulted through the accountable consultation process with tribal officials in development of the proposed policy; and (2) in a separately identified portion of the preamble to the policy, provided to the Committee on Natural Resources of the House of Representative, the Committee on Indian Affairs of the Senate, and affected Indian tribes a tribal summary impact statement containing-- (A) a description of the extent of the agency's prior consultation with tribal officials; (B) a summary of the nature of the concerns of the tribal officials and the agency's position supporting the need to issue the regulation; and (C) a statement of the extent to which the concerns of tribal officials have been met. SEC. 9. INCREASING FLEXIBILITY FOR INDIAN TRIBAL WAIVERS. (a) Review; Streamlining of Waiver Process.--Each agency shall review the processes under which Indian tribes apply for waivers of statutory and regulatory requirements and take appropriate steps to streamline those processes. (b) Flexible Policy Approaches.--Each agency shall, to the extent practicable and not in violation with other Federal laws, consider any application by an Indian tribe for a waiver of statutory or regulatory requirements in connection with any program administered by the agency with a general view toward increasing opportunities for using flexible policy approaches at the Indian tribal level in cases in which the proposed waiver is consistent with the applicable Federal policy objectives and is otherwise appropriate. (c) Decision on Application for Waiver.--Each agency shall, to the extent practicable and not in violation with other Federal laws, render a decision upon a complete application for a waiver not later than 120 days of receipt of such application by the agency, or as otherwise provided by Federal law or regulation. If the application for waiver is not granted, the agency shall provide the applicant with timely written notice of the decision and the reasons therefor. (d) Applicability of Section.--This section applies only to statutory or regulatory requirements that are discretionary and subject to waiver by the agency.", "summary": "Consultation and Coordination with Indian Tribal Governments Act - Requires the Department of the Interior, the Indian Health Service, and the National Indian Gaming Commission, when formulating, amending, implementing, or rescinding policies that have tribal implications, to adhere to certain fundamental principles and policymaking criteria, including that the United States: (1) has a unique legal and political relationship with Indian tribal governments; (2) recognizes the right of Indian tribes to self government; and (3) shall encourage Indian tribes to develop their own policies to meet program objectives. Prohibits such entities from formulating, amending, or implementing policies that impose substantial direct compliance costs on Indian tribal governments and are not required by federal law, unless: (1) funds necessary to pay such costs are provided by the federal government; or (2) the entities consulted with tribal officials early in the process of developing the proposed policy and provided a tribal summary impact statement to specified congressional committees and affected tribes. Requires such entities to have accountable consultation processes and to explore and use consensual mechanisms for developing policies on issues relating to tribal self-government, tribal trust resources, or Indian tribal treaty and other rights. Prohibits such entities from implementing policies that have tribal implications and that preempt tribal law unless the entities: (1) consulted with tribal officials in the policy's development; and (2) provided to specified congressional committees and affected Indian tribes a tribal summary impact statement. Sets forth provisions concerning the process for Indian tribes applying for waivers from requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``New Medications to Treat Addiction Act of 1998''. TITLE I--PHARMACOTHERAPY RESEARCH SEC. 101. REAUTHORIZATION FOR MEDICATION DEVELOPMENT PROGRAM. Section 464P(e) of the Public Health Service Act (42 U.S.C. 285o- 4(e)) is amended to read as follows: ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 1999 through 2001 of which the following amount may be appropriated from the Violent Crime Reduction Trust Fund: ``(1) $100,000,000 for fiscal year 2000; and ``(2) $100,000,000 for fiscal year 2001.''. TITLE II--PATENT PROTECTIONS FOR PHARMACOTHERAPIES SEC. 201. RECOMMENDATION FOR INVESTIGATION OF DRUGS. Section 525(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa(a)) is amended-- (1) in the first sentence, by striking ``States'' and inserting ``States, or for treatment of an addiction to illegal drugs,''; (2) in the second sentence, by striking ``States'' and inserting ``States, or for treatment of an addiction to illegal drugs''; and (3) by striking ``such disease or condition'' each place it appears and inserting ``such disease or condition, or treatment of such addiction,''. SEC. 202. DESIGNATION OF DRUGS. Section 526(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb(a)) is amended-- (1) in paragraph (1)-- (A) by inserting before the period in the first sentence the following: ``, or for treatment of an addiction to illegal drugs''; (B) in the third sentence, by striking ``rare disease or condition'' and inserting ``rare disease or condition, or for treatment of an addiction to illegal drugs,''; (C) by striking ``such disease or condition,'' and inserting ``such disease or condition, or treatment of such addiction,''; and (D) by striking ``such disease or condition.'' and inserting ``such disease or condition, or treatment of such addiction.''; and (2) in paragraph (2)-- (A) by striking ``(2) For'' and inserting ``(2)(A) For''; (B) by striking ``(A) affects'' and inserting ``(i) affects''; (C) by striking ``(B) affects'' and inserting ``(ii) affects''; and (D) by adding at the end the following: ``(B) For purposes of this subchapter, the term `treatment of an addiction to illegal drugs' means treatment by any pharmacological agent or medication that-- ``(i) reduces the craving for an illegal drug for an individual who-- ``(I) habitually uses the illegal drug in a manner that endangers the public health, safety, or welfare; or ``(II) is so addicted to the use of the illegal drug that the individual is not able to control the addiction through the exercise of self-control; ``(ii) blocks the behavioral and physiological effects of an illegal drug for an individual described in clause (i); ``(iii) safely serves as a replacement therapy for the treatment of abuse of an illegal drug for an individual described in clause (i); ``(iv) moderates or eliminates the process of withdrawal from an illegal drug for an individual described in clause (i); ``(v) blocks or reverses the toxic effect of an illegal drug on an individual described in clause (i); or ``(vi) prevents, where possible, the initiation of abuse of an illegal drug in individuals at high risk. ``(C) The term `illegal drug' means a controlled substance identified under schedules I, II, III, IV, and V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).''. SEC. 203. PROTECTION FOR DRUGS. Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) is amended-- (1) in subsection (a), by striking ``rare disease or condition,'' and inserting ``rare disease or condition, or for treatment of an addiction to illegal drugs,''; (2) in subsection (b), by striking ``rare disease or condition'' and inserting ``rare disease or condition, or for treatment of an addiction to illegal drugs,''; (3) by striking ``such disease or condition'' each place it appears and inserting ``such disease or condition, or treatment of such addiction,''; and (4) in subsection (b)(1), by striking ``the disease or condition'' and inserting ``the disease, condition, or addiction''. SEC. 204. OPEN PROTOCOLS FOR INVESTIGATIONS OF DRUGS. Section 528 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360dd) is amended-- (1) by striking ``rare disease or condition'' and inserting ``rare disease or condition, or for treatment of an addiction to illegal drugs,''; and (2) by striking ``the disease or condition'' each place it appears and inserting ``the disease, condition, or addiction''. SEC. 205. CONFORMING AMENDMENTS. (a) Subchapter Heading.--The subchapter heading of subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa et seq.) is amended by striking ``Conditions'' and inserting ``Conditions, or for Treatment of an Addiction''. (b) Section Headings.--The section heading of sections 525 through 528 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa through 360dd) are amended by striking ``conditions'' and inserting ``conditions, or for treatment of an addiction''. (c) Fees.--Section 736(a)(1)(E) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(a)(1)(E)) is amended-- (1) in the subparagraph heading, by striking ``orphan''; (2) by striking ``for a rare disease or condition'' each place it appears and inserting ``for a rare disease or condition, or for treatment of an addiction to illegal drugs,''; and (3) in the first sentence, by striking ``rare disease or condition.'' and inserting ``rare disease or condition, or other than for treatment of an addiction to illegal drugs, respectively.''. TITLE III--ENCOURAGING PRIVATE SECTOR DEVELOPMENT OF PHARMACOTHERAPIES SEC. 301. DEVELOPMENT, MANUFACTURE, AND PROCUREMENT OF DRUGS FOR THE TREATMENT OF ADDICTION TO ILLEGAL DRUGS. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``Subchapter F--Drugs for Cocaine and Heroin Addictions ``SEC. 571. CRITERIA FOR AN ACCEPTABLE DRUG TREATMENT FOR COCAINE AND HEROIN ADDICTIONS. ``(a) In General.--Subject to subsections (b) and (c), the Secretary shall, in cooperation with the Institute of Medicine of the National Academy of Sciences, establish criteria for an acceptable drug for the treatment of an addiction to cocaine and for an acceptable drug for the treatment of an addiction to heroin. The criteria shall be used by the Secretary in making a contract, or entering into a licensing agreement, under section 572. ``(b) Requirements.--The criteria established under subsection (a) for a drug shall include requirements-- ``(1) that the application to use the drug for the treatment of addiction to cocaine or heroin was filed and approved by the Secretary under this Act after the date of enactment of this section; ``(2) that a performance based test on the drug-- ``(A) has been conducted through the use of a randomly selected test group that received the drug as a treatment and a randomly selected control group that received a placebo; and ``(B) has compared the long term differences in the addiction levels of control group participants and test group participants; ``(3) that the performance based test conducted under paragraph (2) demonstrates that the drug is effective through evidence that-- ``(A) a significant number of the participants in the test who have an addiction to cocaine or heroin are willing to take the drug for the addiction; ``(B) a significant number of the participants in the test who have an addiction to cocaine or heroin and who were provided the drug for the addiction during the test are willing to continue taking the drug as long as necessary for the treatment of the addiction; and ``(C) a significant number of the participants in the test who were provided the drug for the period of time required for the treatment of the addiction refrained from the use of cocaine or heroin, after the date of the initial administration of the drug on the participants, for a significantly longer period than the average period of refraining from such use under currently available treatments (as of the date of the application described in paragraph (1)); and ``(4) that the drug shall have a reasonable cost of production. ``(c) Review and Publication of Criteria.--The criteria established under subsection (a) shall, prior to the publication and application of such criteria, be submitted for review to the Committee on the Judiciary, and the Committee on Education and the Workplace, of the House of Representatives, and the Committee on the Judiciary, and the Committee on Labor and Human Resources, of the Senate. Not later than 90 days after notifying each of the committees, the Secretary shall publish the criteria in the Federal Register. ``SEC. 572. PURCHASE OF PATENT RIGHTS FOR DRUG DEVELOPMENT. ``(a) Application.-- ``(1) In general.--The patent owner of a drug to treat an addiction to cocaine or heroin, may submit an application to the Secretary-- ``(A) to enter into a contract with the Secretary to sell to the Secretary the patent rights of the owner relating to the drug; or ``(B) in the case in which the drug is approved under section 505 by the Secretary for more than 1 indication, to enter into an exclusive licensing agreement with the Secretary for the manufacture and distribution of the drug to treat an addiction to cocaine or heroin. ``(2) Requirements.--An application described in paragraph (1) shall be submitted at such time and in such manner, and accompanied by such information, as the Secretary may require. ``(b) Contract and Licensing Agreements.-- ``(1) Requirements.--The Secretary may enter into a contract or a licensing agreement described in subsection (a) with a patent owner who has submitted an application in accordance with subsection (a) if the drug covered under the contract or licensing agreement meets the criteria established by the Secretary under section 551(a). ``(2) Special rule.--The Secretary may, under paragraph (1), enter into-- ``(A) not more than 1 contract or exclusive licensing agreement relating to a drug for the treatment of an addiction to cocaine; and ``(B) not more than 1 contract or licensing agreement relating to a drug for the treatment of an addiction to heroin. ``(3) Coverage.--A contract or licensing agreement described in subparagraph (A) or (B) of paragraph (2) shall cover not more than 1 drug. ``(4) Purchase amount.--Subject to amounts provided in advance in appropriations Acts-- ``(A) the amount to be paid to a patent owner who has entered into a contract or licensing agreement under this subsection relating to a drug to treat an addiction to cocaine shall not exceed $100,000,000; and ``(B) the amount to be paid to a patent owner who has entered into a contract or licensing agreement under this subsection relating to a drug to treat an addiction to heroin shall not exceed $50,000,000. ``(c) Transfer of Rights Under Contracts and Licensing Agreement.-- ``(1) Contracts.--A contract under subsection (b)(1) to purchase the patent rights relating to a drug to treat cocaine or heroin addiction shall transfer to the Secretary-- ``(A) the exclusive right to make, use, or sell the patented drug within the United States for the term of the patent; ``(B) any foreign patent rights held by the patent owner with respect to the drug; ``(C) any patent rights relating to the process of manufacturing the drug; and ``(D) any trade secret or confidential business information relating to the development of the drug, process for manufacturing the drug, and therapeutic effects of the drug. ``(2) Licensing agreements.--A licensing agreement under subsection (b)(1) to purchase an exclusive license relating to manufacture and distribution of a drug to treat an addiction to cocaine or heroin shall transfer to the Secretary-- ``(A) the exclusive right to make, use, or sell the patented drug for the purpose of treating an addiction to cocaine or heroin within the United States for the term of the patent; ``(B) the right to use any patented processes relating to manufacturing the drug; and ``(C) any trade secret or confidential business information relating to the development of the drug, process for manufacturing the drug, and therapeutic effects of the drug relating to use of the drug to treat an addiction to cocaine or heroin. ``SEC. 573. PLAN FOR MANUFACTURE AND DEVELOPMENT. ``(a) In General.--Not later than 90 days after the date on which the Secretary purchases the patent rights of a patent owner, or enters into a licensing agreement with a patent owner, under section 572, relating to a drug under section 571, the Secretary shall develop a plan for the manufacture and distribution of the drug. ``(b) Plan Requirements.--The plan shall set forth-- ``(1) procedures for the Secretary to enter into licensing agreements with private entities for the manufacture and the distribution of the drug; ``(2) procedures for making the drug available to nonprofit entities and private entities to use in the treatment of a cocaine or heroin addiction; ``(3) a system to establish the sale price for the drug; and ``(4) policies and procedures with respect to the use of Federal funds by State and local governments or nonprofit entities to purchase the drug from the Secretary. ``(c) Applicability of Procurement and Licensing Laws.--Federal law relating to procurements and licensing agreements by the Federal Government shall be applicable to procurements and licenses covered under the plan described in subsection (a). ``(d) Review of Plan.-- ``(1) In general.--Upon completion of the plan under subsection (a), the Secretary shall notify the Committee on the Judiciary, and the Committee on Education and the Workplace, of the House of Representatives, and the Committee on the Judiciary, and the Committee on Labor and Human Resources, of the Senate, of the development of the plan and publish the plan in the Federal Register. The Secretary shall provide an opportunity for public comment on the plan for a period of not more than 30 days after the date of the publication of the plan in the Federal Register. ``(2) Final plan.--Not later than 60 days after the date of the expiration of the comment period described in paragraph (1), the Secretary shall publish in the Federal Register a final plan described in subsection (a). The implementation of the plan shall begin on the date of the publication of the final plan. ``(e) Construction.--The development, publication, or implementation of the plan, or any other agency action with respect to the plan, shall not be considered agency action subject to judicial review. No official or court of the United States shall have power or jurisdiction to review the decision of the Secretary on any question of law or fact relating to any agency action with respect to the plan. ``(f) Regulations.--The Secretary may promulgate regulations to carry out this section. ``SEC. 574. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this subchapter, such sums as may be necessary in each of the fiscal years 1999 through 2001.''.", "summary": "TABLE OF CONTENTS: Title I: Pharmacotherapy Research Title II: Patent Protections for Pharmacotherapies Title III: Encouraging Private Sector Development of Pharmacotherapies New Medications to Treat Addiction Act of 1998 - Title I: Pharmacotherapy Research - Amends the Public Health Service Act to authorize appropriations as necessary to carry out provisions relating to development of medications to treat drug addiction, allowing specified sums of those amounts to be appropriated from the Violent Crime Reduction Trust Fund. Title II: Patent Protections for Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to add references to drugs for the treatment of addiction to illegal drugs to provisions relating to drugs for rare diseases or conditions, allowing exclusive approval, certification, or licensure, subject to exception. Requires that the sponsor of such a treatment drug be encouraged to design open protocols. Title III: Encouraging Private Sector Development of Pharmacotherapies - Mandates establishment of criteria for an acceptable drug for the treatment of addiction to cocaine and an acceptable drug for the treatment of addiction to heroin. Allows the patent owner of a drug to treat cocaine or heroin addiction to apply to the Secretary of Health and Human Services to sell the patent rights to, or make an exclusive licensing agreement with, the Secretary. Sets the purchase amount at $100 million for the cocaine treatment drug and $50 million for the heroin treatment drug. Directs the Secretary, after the sale or licensing, to develop a manufacturing and distribution plan. Authorizes appropriations to carry out this title."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fix United States Government Contracting Deficit with China Act''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) The purchase of government goods and services is an important means through which the government fulfills its constitutional duties to provide for the common defense and promote the general welfare of the United States. (2) American taxpayers expect that government procurement serves the interests of all Americans. (3) The United States and several of its trading partners are signatories to the WTO Agreement on Government Procurement, which holds that signatories agree to certain restraints with regard to government procurement. (4) However, the People's Republic of China is not a signatory to the Agreement on Government Procurement, and that, accordingly, it is not a violation of that agreement for the Congress to establish procurement policies as best suit the American public interest with regard to Chinese goods. (5) China has structured its government procurement law to favor its domestic goods, as noted in article 10 of such law. (6) China has also recently announced a plan to favor so- called ``indigenous innovation'' under which the Chinese Government would expressly favor locally developed products and technologies. (7) American companies have had little or no success in accessing Chinese Government procurement contracts, while Chinese companies have had great success in selling goods for United States Government projects. (b) Statement of Policy.--Accordingly, it shall be the policy of the United States to limit the total value of Chinese goods that may be procured by the United States Government during a calendar year to not more than the total value of United States goods procured by the Chinese Government if any during the preceding calendar year. SEC. 3. CERTIFICATION; PROHIBITION AND LIMITATION ON UNITED STATES PROCUREMENT OF CHINESE GOODS. (a) Certification.--Not later than March 1 of each year beginning in 2012, the Secretary of Commerce shall submit to Congress a certification in writing that contains the following: (1) A determination of whether or not the Chinese Government has prohibited the procurement of United States goods by the Chinese Government during the preceding calendar year. (2) If the Chinese Government has not prohibited the procurement of United States goods by the Chinese Government during the preceding calendar year, an identification of the total value of United States goods procured by the Chinese Government during the preceding calendar year, as determined by the International Trade Administration under section 4. (b) Prohibition.--If the Secretary determines and certifies to Congress under subsection (a)(1) that the Chinese Government has prohibited the procurement of United States goods by the Chinese Government during the preceding calendar year, then-- (1) the head of each executive agency may not award a contract for the procurement of Chinese goods during the succeeding calendar year; and (2) the Secretary of Transportation shall prohibit a State or other entity from using funds made available from the Highway Trust Fund or the Airport and Airway Trust Fund for the award of a contract for the procurement of Chinese goods during the succeeding calendar year. (c) Limitation.-- (1) In general.--If the Secretary determines and certifies to Congress under subsection (a)(1) that the Chinese Government has not prohibited the procurement of United States goods by the Chinese Government during the preceding calendar year, then the total value of Chinese goods that may be procured by the United States Government during the succeeding calendar year may not exceed the total value of United States goods procured by the Chinese Government during the preceding calendar year, as identified under subsection (a)(2). (2) Rule of construction.--For purposes of determining the total value of Chinese goods that may be procured by the United States Government during a calendar year under paragraph (1), the total value of Chinese goods procured by a State or other entity using funds made available from the Highway Trust Fund or the Airport and Airway Trust Fund during the preceding calendar year shall be deemed to be Chinese goods procured by the United States Government. SEC. 4. ITA PROGRAM AND NOTIFICATION. (a) Program.--The International Trade Administration shall establish a program-- (1) to identify the total value of United States goods procured by the Chinese Government on an annual basis, as required under section 3(a)(2), including an accounting of the value of such procurement; and (2) to provide notification in accordance with subsection (b). (b) Notification.--The International Trade Administration shall publish notice in the Federal Register on or as soon as practicable after the date on which the total value of Chinese goods procured by the United States Government equals 50 percent, 75 percent, and 100 percent of the total value of United States goods procured by the Chinese Government during the preceding calendar year for purposes of complying with the limitation under section 3(c). SEC. 5. DEFINITIONS. In this Act: (1) Chinese good.--The term ``Chinese good'' means a good that is the growth, product, or manufacture of the People's Republic of China. A good shall be determined to be the manufacture of the People's Republic of China for purposes of this paragraph if the sum of-- (A) the cost or value of the materials produced in China, plus (B) the direct costs of processing operations performed in China, is not less than 50 percent of the appraised value of such good at the time it is entered. (2) Chinese government.--The term ``Chinese Government'' means the central government of the People's Republic of China and any other governmental entity, including-- (A) any agency or instrumentality of the Chinese Government; (B) any entity that is owned or controlled, directly or indirectly, by the Chinese Government; and (C) any Chinese provincial or local governmental entity. (3) Executive agency.--The term ``executive agency'' has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (5) United states good.--The term ``United States good'' means a good that is the growth, product, or manufacture of the United States. A good shall be determined to be the manufacture of the United States for purposes of this paragraph if the sum of-- (A) the cost or value of the materials produced in the United States, plus (B) the direct costs of processing operations performed in the United States, is not less than 50 percent of the appraised value of such good at the time it is entered.", "summary": "Fix United States Government Contracting Deficit with China Act - Directs the Secretary of Commerce to certify annually to Congress: (1) a determination of whether the Chinese government has prohibited its procurement of U.S. goods during the preceding calendar year; and (2) the total value of U.S. goods procured by the Chinesse government during that year, if the Chinese government has not prohibited such procurement. Prohibits the head of each executive agency from awarding a contract for the procurement of Chinese goods during the succeeding calendar year if the Chinese government has prohibited procurement of U.S. goods during the preceding calendar year. Directs the Secretary of Transportation (DOT), in such an instance, to prohibit a state or other entity from using funds made available to it from the Highway Trust Fund or the Airport and Airway Trust Fund for the award of a contract for the procurement of Chinese goods during the succeeding calendar year. Limits the total value of Chinese goods that may be procured by the U.S. government during the succeeding calendar year to the total value of U.S. goods procured by the Chinese Government during the preceding calendar year, if in fact the Chinese government has not prohibited its procurement of U.S. goods during that preceding calendar year. Directs the International Trade Administration to establish a program to: (1) identify annually the total value of U.S. goods procured by the Chinese government; and (2) provide notice in the Federal Register on or as soon as practicable after the date on which the total value of Chinese goods procured by the U.S. government equals 50%, 75%, and 100% of the total value of U.S. goods procured by the Chinese government during the preceding calendar year, for purposes of compliance with the limitation required by this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Waste, Fraud, and Abuse Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) To protect the taxpayer and the Treasury, it is the responsibility of the Congress to provide Federal agencies with the financial resources necessary to enforce the laws of the United States and to prevent waste, fraud, and abuse of taxpayer's dollars. (2) For every $1 invested in the Department of Health and Human Services and the Department of Justice for program integrity efforts to prevent waste, fraud, and abuse of Medicare, Medicaid, and the Children's Health Insurance Program, approximately $1.55 will be saved, according to a report issued by the Office of Management and Budget. (3) Increased program integrity efforts by the Department of Health and Human Services and the Department of Justice can provide an estimated savings of $4,470,000,000 on an investment of $3,100,000,000 in Medicare, Medicaid, and the Children's Health Insurance Program over the next 5 fiscal years and an estimated savings of $9,870,000,000 on an investment of $6,753,000,000 over the next 10 fiscal years, according to a report issued by the Office of Management and Budget. (4) For every $1 invested in the Social Security Administration for program integrity efforts to increase the volume of continuing disability reviews conducted pursuant to section 221(i) of the Social Security Act (42 U.S.C. 421(i)) to determine whether a recipient of disability insurance benefits under section 223(a) of such Act (42 U.S.C. 423(a)) will continue to be eligible for such benefits, approximately $10 will be saved, according to a report issued by the Office of Management and Budget. (5) For every $1 invested in the Social Security Administration for program integrity efforts to increase the volume of continuing disability reviews conducted pursuant to section 1631(j) of Social Security Act (42 U.S.C. 1383(j)) to determine whether a recipient of supplemental security income benefits under section 1611 of such Act (42 U.S.C. 1382) will continue to be eligible for such benefits, approximately $8 will be saved, according to a report issued by the Office of Management and Budget. (6) Providing additional funding to the Social Security Administration to increase the volume of continuing disability reviews conducted pursuant to sections 221(i) and 1631(j) of Social Security Act (42 U.S.C. 421(i), 1383(j), respectively) can provide an estimated savings of $16,102,000,000 on an investment of $3,953,000,000 over the next 5 fiscal years and an estimated savings of $57,838,000,000 on an investment of $10,252,000,000 over the next 10 fiscal years, according to a report issued by the Office of Management and Budget. (7) The tax gap, the difference between the annual amount of Federal income taxes owed and the amount voluntarily paid on time, places an undue burden upon the overwhelming majority of taxpayers who fully and voluntarily pay their taxes on time. (8) In a report released in 2009 by the Internal Revenue Service, it was estimated that in 2005 (the most recent estimate available) the gross tax gap was $345,000,000,000 and the net tax gap (after the collection of late and enforced payments) was $290,000,000,000. (9) In 2009, for every $1 that was invested for the purposes of enforcing the tax code, the Internal Revenue Service returned an average of $4 to the Treasury, with some enforcement activities returning as much as $11 for every $1 invested, according to a report issued by the Office of Management and Budget. (10) By increasing overall tax enforcement efforts, the Internal Revenue Service can provide an estimated savings of $13,874,000,000 on an investment of $8,869,000,000 over the next 5 fiscal years and an estimated savings of $62,217,000,000 on an investment of $23,275,000,000 over the next 10 fiscal years, according to a report issued by the Office of Management and Budget. (11) For each $1 invested to increase the volume of in- person reemployment and eligibility assessments conducted by States for the Department of Labor's unemployment insurance program, approximately $3.19 will be saved over the next 10 years, according to a report issued by the Office of Management and Budget. (12) States will save the Department of Labor's unemployment insurance program an estimated $937,000,000 on an investment of $325,000,000 by increasing the volume of in- person reemployment and eligibility assessments over the next 5 fiscal years and an estimated savings of $2,296,000,000 on an investment of $720,000,000 over the next 10 fiscal years, according to a report issued by the Office of Management and Budget. (13) The investments described in the preceding paragraphs, if carried out, will save the taxpayers nearly $2,000,000,000 during fiscal year 2011, while laying the foundations for saving more than $35,000,000,000 over the next 5 fiscal years and more than $132,000,000,000 over the next 10 fiscal years. SEC. 3. DEFINITIONS. In this Act: (1) Agency head.--The term ``agency head'' means-- (A) the Attorney General; (B) the Commissioner of Social Security; (C) the Secretary of Health and Human Services; (D) the Secretary of Labor; and (E) the Secretary of the Treasury. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. SEC. 4. INCREASING PROGRAM INTEGRITY EFFORTS. (a) Program Integrity Efforts.-- (1) In general.--Each agency head, in consultation with the Director, shall-- (A) identify existing Federal laws and regulations that may impede the ability to decrease waste, fraud, and abuse of funds appropriated to the agency head's agency; and (B) develop appropriate performance metrics to measure such agency's success in decreasing waste, fraud, and abuse. (2) Development of metrics.--In developing performance metrics referred to in paragraph (1)(B), each agency head shall-- (A) ensure that such metrics accurately demonstrate the effectiveness of the programs and activities referred to in subsection (d) in decreasing waste, fraud, and abuse; (B) provide estimates for points of diminishing returns on the funds provided under this Act to increase program integrity efforts; (C) identify optimal baselines for each of the metrics developed under this subsection and appropriate methods to measure variations from such baselines; and (D) set performance targets for each of fiscal years 2012 through 2020. (b) Innovation and Development.--Each agency head shall make appropriate accommodations for innovation and development to address the program integrity efforts for programs and activities referred to in subsection (d). (c) Reports.-- (1) In general.--Each agency head shall submit to Congress-- (A) not later than 6 months after the date of enactment of this Act, an interim report that includes a description of-- (i) what the performance metrics developed under subsection (a) will be measuring; and (ii) how such metrics will measure and provide an accurate analysis of the performance of the applicable programs and activities referred to in subsection (d); and (B) not later than 1 year after the date of enactment of this Act, a final report that sets forth the performance metrics developed under subsection (a). (2) Federal register; web site.--Each agency head shall publish in the Federal Register and make available on the agency Web site the performance metrics set forth in its final report submitted under paragraph (1)(B) not later than 30 days after such report is submitted. (3) Modification of performance metrics.--Not later than 30 days after the date on which any performance metrics developed under subsection (a) are modified by an agency head, such agency head shall submit to Congress a written notice describing such modifications. (4) OMB annual report.--Using the performance metrics developed under subsection (a), each year, beginning with the first fiscal year following the date on which the final reports are required to be submitted under paragraph (1)(B), on or after the first Monday in January but not later than the first Monday in February, the Director shall submit to Congress an annual report measuring the success of the agency head's agency in decreasing waste, fraud, and abuse of funds appropriated to such agency. Each annual report shall include a summary of and justifications for any modified performance metrics submitted to Congress pursuant to paragraph (3). (5) Referral of reports.--Each report submitted pursuant to this subsection shall be referred to the Committee on Appropriations and the Committee on the Budget of the House of Representatives and the Committee on Appropriations and the Committee on the Budget of the Senate, and any other appropriate committee of jurisdiction. (d) Authorization of Appropriations.-- (1) Department of health and human services; department of justice.--For the purposes of continuing and increasing program integrity efforts of the Department of Health and Human Services and the Department of Justice to prevent waste, fraud, and abuse of Medicare, Medicaid, and the Children's Health Insurance Program, there are authorized to be appropriated the following sums: (A) $561,000,000 for fiscal year 2011, to remain available through September 30, 2012. (B) $589,000,000 for fiscal year 2012, to remain available through September 30, 2013. (C) $619,000,000 for fiscal year 2013, to remain available through September 30, 2014. (D) $649,000,000 for fiscal year 2014, to remain available through September 30, 2015. (E) $682,000,000 for fiscal year 2015, to remain available through September 30, 2016. (F) $3,653,000,000 for the period encompassing fiscal years 2016 through 2020. (2) Social security administration.--For the purposes of continuing and increasing program integrity efforts of the Social Security Administration by increasing the volume of continuing disability reviews conducted pursuant to sections 221(i) and 1631(j) of the Social Security Act (42 U.S.C. 421(i), 1383(j), respectively), there are authorized to be appropriated to the Commissioner of Social Security the following sums: (A) $513,000,000 for fiscal year 2011, to remain available through September 30, 2012. (B) $642,000,000 for fiscal year 2012, to remain available through September 30, 2013. (C) $751,000,000 for fiscal year 2013, to remain available through September 30, 2014. (D) $924,000,000 for fiscal year 2014, to remain available through September 30, 2015. (E) $1,123,000,000 for fiscal year 2015, to remain available through September 30, 2016. (F) $6,299,000,000 for the period encompassing fiscal years 2016 through 2020. (3) Department of the treasury.--For purposes of continuing and increasing program integrity efforts of the Department of the Treasury by expanding tax enforcement activities, there are authorized to be appropriated to the Secretary of the Treasury the following sums: (A) $1,115,000,000 for fiscal year 2011, to remain available through September 30, 2012. (B) $1,357,000,000 for fiscal year 2012, to remain available through September 30, 2013. (C) $1,724,000,000 for fiscal year 2013, to remain available through September 30, 2014. (D) $2,105,000,000 for fiscal year 2014, to remain available through September 30, 2015. (E) $2,568,000,000 for fiscal year 2015, to remain available through September 30, 2016. (F) $14,406,000,000 for the period encompassing fiscal years 2016 through 2020. (4) Department of labor.--For purposes of continuing and increasing program integrity efforts of the Department of Labor by increasing the volume of in-person reemployment and eligibility assessments of unemployment insurance beneficiaries conducted by States, there are authorized to be appropriated to the Secretary of Labor the following sums: (A) $55,000,000 for fiscal year 2011, to remain available through September 30, 2012. (B) $60,000,000 for fiscal year 2012, to remain available through September 30, 2013. (C) $65,000,000 for fiscal year 2013, to remain available through September 30, 2014. (D) $70,000,000 for fiscal year 2014, to remain available through September 30, 2015. (E) $75,000,000 for fiscal year 2015, to remain available through September 30, 2016. (F) $395,000,000 for the period encompassing fiscal years 2016 through 2020.", "summary": "Preventing Waste, Fraud, and Abuse Act of 2010 - Requires the Attorney General, the Commissioner of Social Security, and the Secretaries of Health and Human Services (HHS), Labor, and the Treasury (agency head), in consultation with the Director of the Office of Management and Budget (OMB), to: (1) identify existing federal laws and regulations that may impede the ability to decrease waste, fraud, and abuse of funds appropriated to their agencies; and (2) develop appropriate performance metrics to measure success in decreasing waste, fraud, and abuse. Directs each agency head, in developing performance metrics, to: (1) ensure that such metrics accurately demonstrate the effectiveness of specified programs and activities in decreasing waste, fraud, and abuse; (2) provide estimates for points of diminishing returns on the funds provided under this Act to increase program integrity efforts; (3) identify optimal baselines for each of the metrics developed and appropriate methods to measure variations from such baselines; and (4) set performance targets for each of FY2012-FY2020. Requires each agency head to make appropriate accommodations for innovation and development to address the program integrity efforts for programs and activities identified by this Act. Requires: (1) each agency head to submit an interim and final report to Congress at specified intervals and to publish in the Federal Register and make available on the agency website the performance metrics set forth in the final report; and (2) the Director of OMB to report annually measuring success in decreasing waste, fraud, and abuse of funds appropriated to an agency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Dru Sjodin National Sex Offender Public Database Act of 2004'' or ``Dru's Law''. SEC. 2. DEFINITION. In this Act: (1) Criminal offense against a victim who is a minor.--The term ``criminal offense against a victim who is a minor'' has the same meaning as in section 170101(a)(3) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (42 U.S.C. 14071(a)(3)). (2) Minimally sufficient sexual offender registration program.--The term ``minimally sufficient sexual offender registration program'' has the same meaning as in section 170102(a) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (42 U.S.C. 14072(a)). (3) Sexually violent offense.--The term ``sexually violent offense'' has the same meaning as in section 170101(a)(3) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (42 U.S.C. 14071(a)(3)). (4) Sexually violent predator.--The term ``sexually violent predator'' has the same meaning as in section 170102(a) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (42 U.S.C. 14072(a)). SEC. 3. AVAILABILITY OF THE NSOR DATABASE TO THE PUBLIC. (a) In General.--The Attorney General shall-- (1) make publicly available in a registry (in this Act referred to as the ``public registry'') from information contained in the the National Sex Offender Registry, via the Internet, all information described in subsection (b); and (2) allow for users of the public registry to determine which registered sex offenders are currently residing within a radius, as specified by the user of the public registry, of the location indicated by the user of the public registry. (b) Information Available in Public Registry.--With respect to any person convicted of a criminal offense against a victim who is a minor or a sexually violent offense, or any sexually violent predator, required to register with a minimally sufficient sexual offender registration program within a State, including a program established under section 170101 of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (42 U.S.C. 14017(b)), the public registry shall provide, to the extent available in the National Sex Offender Registry-- (1) the name and any known aliases of the person; (2) the date of birth of the person; (3) the current address of the person and any subsequent changes of that address; (4) a physical description and current photograph of the person; (5) the nature of and date of commission of the offense by the person; (6) the date on which the person is released from prison, or placed on parole, supervised release, or probation; and (7) any other information the Attorney General considers appropriate. SEC. 4. RELEASE OF HIGH RISK INMATES. (a) Civil Commitment Proceedings.-- (1) In general.--Any State that provides for a civil commitment proceeding, or any equivalent proceeding, shall issue timely notice to the attorney general of that State of the impending release of any person incarcerated by the State who-- (A) is a sexually violent predator; or (B) has been deemed by the State to be at high-risk for recommitting any sexually violent offense or criminal offense against a victim who is a minor. (2) Review.--Upon receiving notice under paragraph (1), the State attorney general shall consider whether or not to institute a civil commitment proceeding, or any equivalent proceeding required under State law. (b) Monitoring of Released Persons.-- (1) In general.--Each State shall intensively monitor, for not less than 1 year, any person described under paragraph (2) who-- (A) has been unconditionally released from incarceration by the State; and (B) has not been civilly committed pursuant to a civil commitment proceeding, or any equivalent proceeding under State law. (2) Applicability.--Paragraph (1) shall apply to-- (A) any sexually violent predator; or (B) any person who has been deemed by the State to be at high-risk for recommitting any sexually violent offense or criminal offense against a victim who is a minor. (c) Compliance.-- (1) Compliance date.--Each State shall have not more than 3 years from the date of enactment of this Act in which to implement the requirements of this section. (2) Ineligibility for funds.--A State that fails to implement the requirements of this section, shall not receive 25 percent of the funds that would otherwise be allocated to the State under section 20106(b) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13706(b)). (3) Reallocation of funds.--Any funds that are not allocated for failure to comply with this section shall be reallocated to States that comply with this section. Passed the Senate November 19, 2004. Attest: EMILY J. REYNOLDS, Secretary.", "summary": "Dru Sjodin National Sex Offender Public Database Act of 2004 or Dru's Law - Directs the Attorney General to: (1) make publicly available in a registry via the Internet, from information contained in the National Sex Offender Registry, specified information about sexually violent predators and persons convicted of a sexually violent offense or a criminal offense against a minor, who are required to register with a minimally sufficient State sexual offender registration program; and (2) allow registry users to identity offenders who are currently residing within a radius of the location indicated by the user. Requires registry information to include the offender's name, address, date of birth, physical description, and photograph, the nature and date of commission of the offense, and the date on which the person is released from prison or placed on parole, supervised release, or probation Requires: (1) any State that provides for a civil commitment proceeding to notify the State attorney general of the impending release of a sexually violent predator or a person has been deemed to be at high-risk for recommitting any sexually violent offense or criminal offense against a minor; (2) the State attorney general to consider instituting a civil commitment proceeding; and (3) each State to intensively monitor, for at least a year, any such person who has been unconditionally released by the State and who has not been civilly committed. Makes a State that fails to implement Act requirements ineligible to receive 25 percent of funds that would otherwise be allocated to it under the Violent Crime Control and Law Enforcement Act of 1994."}
{"article": "SECTION 1. CAPITAL GRANTS FOR RAIL LINE RELOCATION PROJECTS. (a) Establishment of Program.-- (1) Program requirements.--Chapter 201 of title 49, United States Code, is amended by adding at the end of subchapter II the following new section: ``Sec. 20154. Capital grants for rail line relocation projects ``(a) Establishment of Program.--The Secretary of Transportation shall carry out a grant program to provide financial assistance for local rail line relocation projects. ``(b) Eligibility.--A State is eligible for a grant under this section for any project for the improvement of the route or structure of a rail line passing through a municipality of the State that-- ``(1) is carried out for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, or economic development in the municipality; ``(2) involves a lateral or vertical relocation of any portion of the rail line within the municipality to avoid a closing of a grade crossing or the construction of a road underpass or overpass; and ``(3) meets the costs-benefits requirement set forth in subsection (c). ``(c) Costs-Benefits Requirement.--A grant may be awarded under this section for a project for the relocation of a rail line only if the benefits of the project for the period equal to the estimated economic life of the relocated rail line exceed the costs of the project for that period, as determined by the Secretary considering the following factors: ``(1) The effects of the rail line and the rail traffic on motor vehicle and pedestrian traffic, safety, and area commerce if the rail line were not so relocated. ``(2) The effects of the rail line, relocated as proposed, on motor vehicle and pedestrian traffic, safety, and area commerce. ``(3) The effects of the rail line, relocated as proposed, on the freight and passenger rail operations on the rail line. ``(d) Considerations for Approval of Grant Applications.--In addition to considering the relationship of benefits to costs in determining whether to award a grant to an eligible State under this section, the Secretary shall consider the following factors: ``(1) The capability of the State to fund the rail line relocation project without Federal grant funding. ``(2) The requirement and limitation relating to allocation of grant funds provided in subsection (e). ``(3) Equitable treatment of the various regions of the United States. ``(e) Allocation Requirements.-- ``(1) Grants not greater than $20,000,000.--At least 50 percent of all grant funds awarded under this section out of funds appropriated for a fiscal year shall be provided as grant awards of not more than $20,000,000 each. ``(2) Limitation per project.--Not more than 25 percent of the total amount available for carrying out this section for a fiscal year may be provided for any one project in that fiscal year. ``(f) Federal Share.--The total amount of a grant awarded under this section for a rail line relocation project shall be 90 percent of the shared costs of the project, as determined under subsection (g)(4). ``(g) State Share.-- ``(1) Percentage.--A State shall pay 10 percent of the shared costs of a project that is funded in part by a grant awarded under this section. ``(2) Forms of contributions.--The share required by paragraph (1) may be paid in cash or in kind. ``(3) In-kind contributions.--The in-kind contributions that are permitted to be counted under paragraph (2) for a project for a State are as follows: ``(A) A contribution of real property or tangible personal property (whether provided by the State or a person for the State). ``(B) A contribution of the services of employees of the State, calculated on the basis of costs incurred by the State for the pay and benefits of the employees, but excluding overhead and general administrative costs. ``(C) A payment of any costs that were incurred for the project before the filing of an application for a grant for the project under this section, and any in- kind contributions that were made for the project before the filing of the application, if and to the extent that the costs were incurred or in-kind contributions were made, as the case may be, to comply with a provision of a statute required to be satisfied in order to carry out the project. ``(4) Costs not shared.-- ``(A) In general.--For the purposes of subsection (f) and this subsection, the shared costs of a project in a municipality do not include any cost that is defrayed with any funds or in-kind contribution that a source other than the municipality makes available for the use of the municipality without imposing at least one of the following conditions: ``(i) The condition that the municipality use the funds or contribution only for the project. ``(ii) The condition that the availability of the funds or contribution to the municipality is contingent on the execution of the project. ``(B) Determinations of the secretary.--The Secretary shall determine the amount of the costs, if any, that are not shared costs under this paragraph and the total amount of the shared costs. A determination of the Secretary shall be final. ``(h) Multistate Agreements To Combine Amounts.--Two or more States (not including political subdivisions of States) may, pursuant to an agreement entered into by the States, combine any part of the amounts provided through grants for a project under this section if-- ``(1) the project will benefit each of the States entering into the agreement; and ``(2) the agreement is not a violation of a law of any such State. ``(i) Regulations.--The Secretary shall prescribe regulations for carrying out this section. ``(j) State Defined.--In this section, the term `State' includes, except as otherwise specifically provided, a political subdivision of a State. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for use in carrying out this section $350,000,000 for each of the fiscal years 2004 through 2008.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``20154. Capital grants for rail line relocation projects.''. (b) Regulations.-- (1) Interim regulations.--Not later than October 1, 2003, the Secretary of Transportation shall issue temporary regulations to implement the grant program under section 20154 of title 49, United States Code, as added by subsection (a). Subchapter II of chapter 5 of title 5, United States Code, shall not apply to the issuance of a temporary regulation under this subsection or of any amendment of such a temporary regulation. (2) Final regulations.--Not later than April 1, 2004, the Secretary shall issue final regulations implementing the program.", "summary": "Amends Federal transportation law to direct the Secretary of Transportation to carry out a grant program to provide financial assistance to States for 90 percent of the cost of local rail line relocation projects."}
{"article": "SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Indian Gaming Regulatory Act Amendments of 1994''. (b) Reference.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). SEC. 2. DEFINITIONS. (a) Class II Gaming.--(1) Clause (i) of section 4(7)(A) (25 U.S.C. 2703(7)(A)) is amended-- (A) by striking ``(if played in the same location)''; and (B) by striking ``bingo, and'' and inserting ``bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith so long as the fundamental characteristics of the game remain the same), and''. (2) Clause (ii) of section 4(7)(A) (25 U.S.C. 2703(7)(A)) is amended by striking ``that--'' and all that follows through ``such card games.'' at the end thereof and inserting a period. (3) Clause (ii) of section 4(7)(B) (25 U.S.C. 2703(7)(B)) is amended by inserting ``, except electronic or technological aids used in connection with class II games,'' after ``game of chance''. (4) Subparagraph (C) of section 4(7) (25 U.S.C. 2703(7)) is amended by striking ``Chairman'' and inserting ``Commission''. (5) Paragraph (7) of section 4 (25 U.S.C. 2703) is amended by striking subparagraphs (D), (E), and (F). (6) Paragraph (8) of section 4 (25 U.S.C. 2703) is amended by inserting at the end ``and means manufacturing and assembly of gaming devices (defined as gambling devices by section 5 of the Act of January 2, 1951 (15 U.S.C. 1175)).''. (b) Compact; Electronic Facsimile.--Section 4 of the Act (25 U.S.C. 2703) is amended by adding at the end the following new paragraphs: ``(11) The term `Compact' means the regulatory regime for operating class III gaming entered into by a tribe and the Secretary. ``(12) The term `electronic facsimile' means a copy of some or all of the fundamental elements of a game, where the electronic or electromechanical device alters the game rather than simply electronically replicating the fundamental elements of a game.''. (c) Section 6 of Public Law 101-301.--Section 6 of Public Law 101- 301 (25 U.S.C. 2703 note; 104 Stat. 209) is repealed. SEC. 3. POWERS OF THE CHAIRMAN. Section 6(b) of the Act (25 U.S.C. 2705(b)) is amended to read as follows: ``(b) Prior to taking any action set forth in subsection (a) of this section, the Chairman shall, in good faith, consult with the Tribe which has jurisdiction over the gaming activity in dispute and attempt to resolve the dispute in a manner that avoids such actions. Only after the Commission has concluded that cooperative resolution has been adequately pursued and that further consultation would be futile, may the Chairman take such actions.''. SEC. 4. POWERS OF THE COMMISSION. Section 7 (25 U.S.C. 2706) is amended-- (1) in subsection (a)(2), by inserting ``appropriate but not punitive'' after ``collection of''; (2) in subsections (b)-- (A) in paragraph (1), by inserting ``and class III gaming, where a Compact so provides, where gaming is'' after ``class II gaming''; and (B) in paragraph (2), by inserting ``and class III gaming, where a Compact so provides, where gaming'' after ``class II gaming''; and (3) by striking subsection (c). SEC. 5. INTERIM AUTHORITY TO REGULATE GAMING. Section 10 of the Act (25 U.S.C. 2709) is repealed. SEC. 6. TRIBAL GAMING ORDINANCES. (a) Class II Gaming.--Subsection (b) of section 11 (25 U.S.C. 2710) is amended by amending subparagraph (A) of paragraph (4) to read as follows: ``(A) A tribal ordinance or resolution may provide for the licensing or regulation of Indian charitable class II gaming activities on Indian lands up to the same level and scope as permitted by tribal class II gaming. A tribal ordinance or resolution may provide for the licensing or regulation of class II gaming activities owned by any person or entity other than the Indian tribe and conducted on Indian lands, only if the tribal licensing requirements include the requirements described in the subclauses of subparagraph (B)(i) and are at least as restrictive as those established by State law governing similar gaming within the jurisdiction of the State within which such Indian lands are located.''. (b) Regulation of Class II Gaming.--Subsection (c)(3) of section 11 (25 U.S.C. 2710) is amended by inserting ``, whether by management contract or otherwise,'' after ``class II gaming activity'' in the matter preceding subparagraph (A). (c) Class III Gaming.--Section 11(d) (25 U.S.C. 2710(d)) is amended-- (1) in paragraph (1), by amending subparagraphs (B) and (C) to read as follows: ``(B) located in a State where the requirements of paragraphs (6)(A) and (B) are satisfied and the gaming activity is eligible for inclusion in a Compact, and ``(C) conducted in conformance with a Compact that is in effect.''; (2) in paragraph (2)-- (A) by striking ``Tribal-State compact entered into under paragraph (3) by the Indian tribe'' in subparagraph (C) and inserting ``Compact''; (B) by striking ``Tribal-State compact'' in subparagraph (D)(iii)(I) and inserting ``Compact''; (3) by amending paragraph (3) to read as follows: ``(3)(A)(i) Any Indian tribe having jurisdiction over the Indian lands upon which a class III gaming activity is to be conducted shall request the Secretary to enter into a Compact with the tribe. Such request shall specify the gaming activity or activities to be governed by the Compact. ``(ii) Negotiations between the tribe and the Secretary shall be completed within 180 days, subject to the procedures required by paragraph (5)(B) that the Secretary and the tribe shall utilize to resolve disputes arising from negotiations. ``(iii) The Compact shall be effective upon publication in the Federal Register by the Secretary. ``(iv) The Commission shall pursuant to section 7 of this Act monitor class III gaming to the extent provided by each Compact as published by the Secretary. ``(B) Any Compact entered into under subparagraph (A) may include provisions relating to-- ``(i) the adoption of any of the criminal and civil laws and regulations of the Indian tribe, or with tribal consent, of the State, that are directly related to, and necessary for, the licensing and regulation of such activity; ``(ii) the assessment by the Secretary of such activities in such amounts as are necessary to defray the costs of regulating such activity; ``(iii) remedies for breach of contract; ``(iv) standards for the operation of such activity and maintenance of the gaming facility, including licensing; and ``(v) any other subjects that are reasonably related to the operation of gaming activities.''. (4) by striking out paragraphs (4) and (5); (5) by striking paragraph (8) and redesignating paragraph (9) as paragraph (11); and (6) by striking paragraphs (6) and (7) and inserting the following: ``(4) The provisions of section 5 of the Act of January 2, 1951 (25 Stat. 1175), shall not apply to any gaming on Indian lands, or to manufacturing and assembly of gaming devices on Indian lands. ``(5)(A) The United States district courts shall have jurisdiction over-- ``(i) any cause of action for a declaratory judgment arising from the failure of an Indian tribe and the Secretary to resolve disputes pursuant to paragraph (3) of this section, ``(ii) any cause of action initiated by United States or Indian tribe to enjoin a class III gaming activity located on Indian tribes and conducted in violation of any Compact entered into under paragraph (3) that is in effect, and ``(iii) any cause of action initiated by the Secretary or a tribe to enforce provisions of Compacts. ``(B) Notwithstanding any declaratory judgment action pending under paragraph (6), a tribe and the Secretary may negotiate and proceed to mediation under the Act on issues not subject to the declaratory judgment action. ``(6)(A) No later than 120 days after the Tribe has notified the Secretary its election to negotiate a Compact, or no later than such longer period as may be extended in writing by the parties, either party may initiate an action in Federal district court for a declaration whether a gaming activity is subject to Compact negotiation under this Act. In any such declaratory action, the court shall declare that the gaming activity as a matter of Federal law shall be the subject of negotiation if it finds that-- ``(i) the gaming activity is not prohibited as a matter of State criminal law and public policy; or ``(ii) if the gaming activity is subject to prosecution and criminal sanction as a matter of State law, the gaming activity meets one or more of the following criteria-- ``(I) its principal characteristics are substantially similar to principal characteristics of gaming activities that are not subject to prosecution and criminal sanction as a matter of State law; ``(II) State law permits the gaming activity subject to regulation; ``(III) as a matter of State law some person, organization, or entity within the State may engage in the gaming activity for some purpose; and ``(IV) there is a pervasive pattern of nonenforcement of the prohibition of such gaming. ``(B) The Compact also shall include such provisions which best meet the objectives of this Act and are consistent with any declaratory judgment issued pursuant to this paragraph. ``(7)(A) Subject to subparagraph (B), if the parties agree on a Compact, the Secretary shall adopt such Compact and publish the Compact in the Federal Register. ``(B) The Compact referred to in subparagraph (A) shall not be approved by the Secretary-- ``(i) unless it contains provisions relating to internal controls of cash flow transactions, recordkeeping and reporting, accounting, security, and licensing of employees; and ``(ii) if the Compact does not violate-- ``(I) any provisions of this Act; ``(II) any other provision of Federal law that does not relate to jurisdiction over gaming on Indian reservations; or ``(III) the trust obligations of the United States to Indians. ``(8) Except for an appeal under chapter 7 of title 5, United States Code, publication of a Compact pursuant to this subsection which permits a class III gaming activity shall be conclusive that such class III gaming is an activity subject to negotiations where the gaming is to be conducted, in any matter under consideration by the Commission or a Federal court. ``(9) If the parties do not agree on a Compact under this subsection before the date that is 45 days after the expiration of the 180-day period with respect to the last Tribal Compact proposal during the 180-day period, the Compact shall be considered approved, but only to the extent that the Compact is consistent with the provisions of this Act. ``(10) The Secretary shall publish in the Federal Register notice of any Compact that has been approved, or considered to have been approved, under this subsection. Failure of the Secretary to publish pursuant to this subsection shall not affect the legality of the compact, which shall be treated as if notice was timely and properly published.''; (7) in paragraph (11) (as so redesignated), by striking ``subsections (b), (c), (d), (f), (g), and (h) of''. SEC. 7. REVIEW OF EXISTING ORDINANCES AND CONTRACTS. (a) Management Contract.--Paragraph (3) of section 12(a) (25 U.S.C. 2711(a)) is amended by striking ``all collateral agreements to such contract that relate to the gaming activity'' and inserting ``all other agreements that comprise whole or partial consideration of the parties entering into the management agreement''. (b) Review.--Paragraph (1) of section 13(c) (25 U.S.C. 2712(c)) is amended by striking ``all collateral agreements,'' and inserting ``all related agreements involving the same parties, financing or leasing agreements, or any agreement that pertains to significant management functions or responsibilities,''. SEC. 8. CIVIL PENALTIES. (a) Date From Which Fines Run.--Paragraph (1) of section 14(a) (25 U.S.C. 2713(a)) is amended by adding at the end the following: ``Fines imposed under this paragraph may not run from before the date of notice of violation.''. (b) Informal Dispute Resolution.--Paragraph (2) of section 14(a) (25 U.S.C. 2713(a)) is amended by inserting ``an opportunity for resolving disputes informally and'' after ``provide''. SEC. 9. GAMING ON LANDS ACQUIRED AFTER DATE OF ENACTMENT. (a) Repeal of Concurrence by Governor.--Subparagraph (A) of section 20(b)(1) (25 U.S.C. 2719(b)(1)) is amended by striking ``, but only'' and all that follows through ``determination''. (b) Application of Internal Revenue Code.--Paragraph (1) of section 20(d) (25 U.S.C. 2719(d)) is amended-- (1) by inserting ``, and the exemption from Federal taxes provided to the States with respect to any gaming activity,'' after ``wagering operations'' the first place it appears; and (2) by striking ``or under a Tribal-State'' and all that follows through ``effect,'' and inserting ``and the reporting of cash transactions,''. SEC. 10. CRIMINAL PENALTIES. Subsections (c)(2) and (d) of section 1166 of title 18, United States Code, are each amended by striking ``Tribal State compact'' and inserting ``Compact''. SEC. 11. APPLICABILITY OF FEDERAL LAWS TO CLASS III GAMING. The Act (25 U.S.C. 2701 et seq.) is amended by adding at the end the following: ``miscellaneous ``Sec. 25. (a) Class III gaming activities that are as a matter of Federal law, lawfully in any jurisdiction on the date of the enactment of this section, shall, notwithstanding the provisions of this Act, remain lawful for purposes of section 11(d)(6) of this Act. ``(b) For purposes of Federal law, the laws in effect on the date that a tribe notifies the Secretary (or prior to 1993, notified the State) that it wishes to negotiate a Compact, shall be the basis for determining the scope of gaming in section 11(d) of this Act for any Compact, or for procedures in lieu of a compact. ``(c) For purposes of this Act, any change in State law which occurs after the earlier of (1) a Tribe's request to the State for negotiations of a Tribal-State Compact pursuant to this Act, or (2) the Tribe's request to the Secretary for a Compact pursuant to this Act, shall not have any affect upon the terms and conditions of the Compact, or upon the obligations of any government entity pursuant to this Act. ``(d) Notwithstanding any provision of this Act, tribes with Indian lands in the Eastern District of Washington shall be entitled to conduct class III gaming activities without a Compact, as long as such games are limited to the nature and scope of gaming activities in effect on or prior to November 1, 1994, so long as such activities are otherwise in compliance with this Act. ``(e) Notwithstanding any provision of this Act, tribes with Indian lands in Wisconsin shall be entitled to conduct class III gaming activities consistent with the decision of the Federal district court in Lac du Flambeau Band of Lake Superior Chippewa v. State of Wisconsin, 770 F. Supp. 480 (W.D. Wis. 1991).''. SEC. 12. EFFECTIVE DATE. (a) Tribal-State Compacts.--Notwithstanding any other provision of this Act or an amendment made by this Act, all Tribal-State Compacts approved by the Secretary of the Interior, and procedures for governance in lieu of Compacts promulgated by the Secretary, under the Indian Gaming Regulatory Act as in effect on the date before the date of enactment of this Act, shall continue to be fully operative and binding on the parties and shall not be subject to revision unless agreed to by the parties. (b) Pending Negotiations of Tribal-State Compacts.--Any tribe that requested a State to negotiate a Tribal-State Compact prior to the enactment of this Act and has not completed that process may request the Secretary to enter into a Compact as specified under section 11(d)(3)(A) of the Indian Gaming Regulatory Act, as provided by the amendments made by this Act. (c) Class III Gaming Under Certain Department of the Interior Regulations.--Notwithstanding any provision of the amendments made by this Act, tribes operating class III gaming pursuant to regulations promulgated by the Department of the Interior and in effect on or before the date of enactment of this Act shall be entitled to conduct class III gaming activities without the approval of a Compact, consistent with such regulations. (d) Definition.--For the purposes of this section, the term ``Tribal-State Compact'' has the same meaning given such term in the Indian Gaming Regulatory Act, as such Act was in effect on the date before the date of enactment of this Act.", "summary": "Indian Gaming Regulatory Act Amendments of 1994 - Amends the Indian Gaming Regulatory Act to include manufacturing and assembly of gaming devices within the definition of \"class III gaming.\" Defines \"Compact\" as the class III gaming regulatory regime. Directs the Chairman of the National Indian Gaming Commission (Commission) to consult with an affected tribe before taking action authorized by such Act. Authorizes the Commission to monitor class III gaming where a Compact so provides. Authorizes class II tribal gaming ordinances to regulate non-Indian gaming activities on Indian lands to the same level as class III regulations permit. Sets forth Compact provisions. Applies the Federal tax exemption given to State gaming activities to Indian gaming activities. Applies Federal laws to class III gaming activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sugar Competitiveness Act of 1995''. SEC. 2. MARKET-ORIENTED SUGAR PROGRAM LOANS. (a) In General.--Section 206 of the Agricultural Act of 1949 (7 U.S.C. 1446g) is amended-- (1) by striking the section heading, subsections (a) through (h), and subsection (j); (2) by inserting before subsection (i) the following: ``SEC. 206. RECOURSE LOANS TO PROCESSORS OF SUGARCANE AND SUGAR BEETS. ``(a) Sugarcane Processor Loans.-- ``(1) In general.--The Secretary shall make recourse loans available to processors of sugarcane on raw cane sugar processed from the 1995 and succeeding crops of sugarcane. ``(2) Loan rates.--Recourse loans under this subsection shall be make at the rate of 18 cents per pound of raw cane sugar for the 1995 crop of sugarcane; 16 cents per pound of raw cane sugar for the 1996 crop of sugarcane; 14 cents per pound for the 1997 crop of sugarcane; and 12 cents per pound for the 1998 and succeeding crops of sugarcane. ``(b) Sugar Beet Processor Loans.-- ``(1) In general.--The Secretary shall make recourse loans available to processors of sugar beets on refined sugar processed from the 1995 and succeeding crops of sugar beets. ``(2) Loan rates.--Recourse loans under this subsection for sugar refined from a crop of sugar beets shall be made at a rate, per pound of refined sugar, that reflects-- ``(A) an amount that bears the same relation to the loan rate in effect under subsection (a)(2) as the weighted average of producer returns for sugar beets bears to the weighted average of producer returns for sugarcane, expressed on a cents per pound basis for refined beet sugar and raw cane sugar, for the most recent 5-year period for which data are available; plus ``(B) an amount that covers sugar beet processor fixed marketing expenses. ``(c) Administrative Rules.-- ``(1) National loan rates.--Recourse loans under this section shall be made available at all locations nationally at the rates specified in this section, without adjustment to provide regional differentials. ``(2) Length of loans.--Each recourse loan made under this section shall be for a term of 3 months, and may be extended for additional 3-month terms, except that-- ``(A) no loan may have a cumulative term in excess of 9 months or a term that extends beyond September 30 of the fiscal year in which the loan is made; and ``(B) a processor may terminate a loan and redeem the collateral for the loan at any time by payment in full of principal, interest, and fees then owing. ``(d) Prohibition on Price Support.--The Secretary may not make price support available, whether in the form of nonrecourse loans, payments, purchases, or other operations, for the 1995 or subsequent crops of sugarcane or sugar beets by using the funds of the Commodity Credit Corporation. ``(e) Use of Commodity Credit Corporation.--The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section.''. (b) Effect on Existing Loans.-- (1) Except as provided in paragraph (2), section 206 of the Agricultural Act of 1949 (7 U.S.C. 1446g), as in effect on the day before the date of the enactment of this Act, shall continue to apply with respect to nonrecourse loans made under such section before such date. (2) Any loan in effect on the day before the date of the enactment of this Act that is extended on or after the date of enactment shall be converted, when extended, into a recourse loan at the loan rate specified in section 206(a), as amended by this Act, and any loan made on or after the date of enactment shall be a recourse loan. (c) Extension and Modification of Marketing Assessment.--Subsection (i) of the Agricultural Act of 1949 (7 U.S.C. 1446g) is amended-- (1) by striking ``(i)'' and inserting ``(f)''; (2) in paragraph (1)-- (A) by striking ``1992 through 1996'' and inserting ``1992 through 2003''; (B) in subparagraph (A), by striking ``subsection (b)'' and inserting ``subsection (a)''; and (C) in subparagraph (B)-- (i) by striking ``subsection (b)'' and inserting ``subsection (a)''; (ii) by striking ``1998'' and inserting ``2003''; (iii) by striking ``1.1 percent'' and inserting ``1.5 percent''; and (iv) by striking ``(but not more than .198 cents per pound of raw cane sugar)'' and inserting ``as of October 1, 1995''; (3) in paragraph (2)-- (A) by striking ``1992 through 1996'' and inserting ``1992 through 2003''; and (B) in subparagraph (B)-- (i) by striking ``1998'' and inserting ``2003''; (ii) by striking ``1.1794 percent'' and inserting ``1.6083 percent''; (iii) by striking ``(but not more than .2123 cents per pound of beet sugar)'' and inserting ``as of October 1, 1995''; and (iv) adding at the end the following new paragraph: ``(7) Imported sugar.--Effective only for imports of raw cane sugar and refined sugar during the 1996 through 2003 fiscal years, each exporter of raw cane sugar or refined sugar to be imported into the United States shall remit to the Commodity Credit Corporation a nonrefundable marketing assessment in an amount equal-- ``(A) in the case of imports of raw cane sugar, 1.5 percent of the loan level established under subsection (a) per pound of raw cane sugar as of October 1, 1995; ``(B) in the case of imports of refined sugar, 1.6083 percent of the loan level established under subsection (b) per pound of refined sugar as of October 1, 1995.''. (d) Conforming Amendments.-- (1) Price support for designated nonbasic agricultural commodities.--Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking out ``milk, sugar beets, and sugarcane'' and inserting in lieu thereof ``and milk''. (2) Price support benefits to producers.-- (A) In general.--Section 401(e) of such Act (7 U.S.C. 1421(e)) is amended by striking out ``(1)'' in paragraph (1) and striking out paragraph (2). (B) Technical amendment.--Section 405(b) of such Act (7 U.S.C. 1425(b)) is amended by striking out the last sentence. (3) Title iii of the agricultural act of 1949.--Section 301 of the Agricultural Act of 1949 (7 U.S.C. 1447) is amended by inserting ``(other than sugarcane and sugar beets)'' before ``at a level''. (4) Powers of commodity credit corporation.--Section 5(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended by inserting ``(except for sugarcane and sugar beets of the 1996 and subsequent crops)'' after ``agricultural commodities''. (5) Section 32 activities.--The second sentence of the first paragraph of section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) is amended by inserting ``(other than sugarcane and sugar beets)'' after ``commodity'' the last place it appears. (e) CCC Sales Price Restrictions.--Section 407(c) of such Act (7 U.S.C. 1427(c)) is amended by adding at the end a new paragraph as follows: ``(6) Sugar.--The Corporation may sell for unrestricted use sugar surrendered to it under the loan programs provided for in section 351 at such price as the Corporation determines appropriate to maintain and expand export and domestic markets for sugar and to avoid undue disruption of commercial sales of sugar.''. (f) Assurance of Adequate Supplies of Sugar.--Effective October 1, 1996, section 902(a) of the Food Security Act of 1985 (7 U.S.C. 1446g note) is amended to read as follows: ``Beginning with the quota year for sugar imports that begins after the 1994/1995 quota year, the President and the Secretary of Agriculture shall use all authorities available to the President and the Secretary, as the case may be, to ensure that adequate supplies of raw cane sugar are made available to the United States market at prices no greater than the higher of-- ``(1) the world sugar price (adjusted to a delivered basis); or ``(2) the raw cane sugar loan rate in effect under section 206(a) of the Agricultural Act of 1949 (plus interest).''. SEC. 3. TERMINATION OF MARKETING QUOTA AND ALLOTMENTS. (a) Termination.-- (1) In general.--Subject to paragraph (2), part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa-1359jj) is repealed. (2) Effective date.--Paragraph (1) shall be effective October 1, 1996, for sugar marketed on or after such date. (b) Conforming Amendment.--Section 344(f)(2) of such Act (7 U.S.C. 1344(f)(2)) is amended by striking out ``sugar cane for sugar; sugar beets for sugar;''.", "summary": "Sugar Competitiveness Act of 1995 - Amends the Agricultural Act of 1949 to replace current sugar price support provisions with recourse loans to sugarcane and sugar beet producers. Reduces sugarcane loan rates from 18 cents per pound to 12 cents per pound over three years. Prohibits sugar price supports. Provides for the conversion of any current nonrecourse loans that are extended into recourse loans. Extends and increases sugar marketing assessment provisions. Includes imported sugar within such provisions' scope. Provides for the regulation of imported raw sugarcane at prices not greater than the world sugar price or the raw sugarcane loan rate. Amends the Agricultural Adjustment Act of 1938 to terminate sugar marketing quota and allotment provisions."}
{"article": "SECTION 1. POTENTIAL PROBLEM OFFICER EARLY WARNING PROGRAMS. (a) Declarations.--The Congress finds and declares that-- (1) police brutality is a problem of deep concern; and (2) the Congress has an interest in assisting local units in creating early warning systems that are effective, resilient, and affordable to the local units. (b) Definition.--In this Act, ``potential problem officer early warning program'' means a system of procedures that is designed to-- (1) identify police officers who have been the subject of an excessive number of legitimate complaints of excessive use of force by members of the public or have otherwise demonstrated the potentiality of having difficulty dealing appropriately with members of the public; (2) provide assistance to such officers in avoiding such difficulty in the future, including the provision of training in communication techniques, conflict resolution, and stress management; and (3) apply discipline where appropriate. (c) Evaluation and Report.-- (1) Evaluation.--The Attorney General, acting through the Director of the National Institute of Justice, shall-- (A) conduct an evaluation of potential problem officer early warning programs that are being or have been utilized by units of local government, including analyses of-- (i) the effect on such programs of factors such as the population and geographic size and characteristics of a jurisdiction and the ability of such programs to adjust in a resilient manner to changes in such factors; (ii) the potential savings that local governments can realize from the operation of such programs as a result of the reduction in the number of citizen complaints, the reduction in the number of occasions in which it is necessary to change the duty assignments of or to dismiss (and replace) problem officers, and other beneficial effects; (iii) the positive and negative effects that such programs may have on the law enforcement system, such as their effect on police morale and the ability of police officers to perform their law enforcement duties; (iv) the ability of such programs to ensure the exoneration of officers whose conduct is proper while identifying those whose conduct indicates the necessity or desirability of prophylactic action; and (v) the costs of establishing such programs and of operating and monitoring the effectiveness of such programs on a permanent basis; (B) develop a model early warning system that is effective, capable of adjusting to changing circumstances, and affordable to units (or combinations of units) of local government of jurisdictions (or combinations of jurisdictions) with populations of 50,000 or more; and (C) prepare and disseminate to the law enforcement community, including Federal, State and local law enforcement agencies, findings and recommendations made as a result of the evaluation for the establishment of such programs. (2) Report.--On or before October 1, 1994, the Attorney General shall submit to Congress a report addressing the matters described in paragraph (1), with recommendations concerning the need or appropriateness of further action by the Federal Government. (3) Expenses.--Expenses incurred in conducting the evaluation and developing a model potential problem officer early warning system under paragraph (1) shall be paid out of funds that are available to the National Institute of Justice and not specifically appropriated for other purposes, to the extent that such funds can be made available without increasing the amount of appropriations for the National Institute of Justice for any fiscal year over the amount appropriated for fiscal year 1993. (d) Sense of Congress.--It is the sense of Congress that-- (1) the Attorney General should, under existing authorities and using appropriations available for those authorities and funds otherwise available to the Attorney General, make seed money grants of up to $25,000 each to units (or combinations of units) of local government of jurisdictions (or combinations of jurisdictions) of a population of 50,000 or more for the purpose of assisting the police department (or other entity that performs the functions of a police department) in establishing a potential problem officer early warning program; (2) a unit of local government should be eligible to receive a grant described in subsection (c) if-- (A) its police department (or other entity that performs the functions of a police department) adopts and enforces-- (i) a written policy prohibiting the use of unreasonable or unnecessary physical force by law enforcement officers; and (ii) written procedures for receiving and investigating citizen complaints alleging misconduct by law enforcement officers; (B) the program to be funded includes provisions for continuing self-monitoring of the program, including the provision to the Attorney General of information that may be useful in performing the evaluation and developing the model program described in subsection (d)(1); and (C) the grant recipient demonstrates a commitment to the long-term continuance of the program and the reduction of the incidence of police brutality; (3) a policy described in paragraph (2)(A) should-- (A) restrict the use of force to circumstances authorized by law and to the degree minimally necessary to accomplish a lawful law enforcement purpose; and (B) include procedures for reporting and monitoring the use of force by officers within the jurisdiction of the department; (4) the procedures described in paragraph (2)(B) should require that complainants-- (A) be allowed to receive copies of their complaints; (B) be informed of the findings, disposition, and specific disciplinary actions, if any, resulting from their complaints; and (C) be permitted to attend any disciplinary hearings that result from their complaints; (5) a unit (or combination of units) of local government should receive grants described in this subsection in amounts that do not exceed $50,000 in the aggregate; and (6) the total amount of grants described in this subsection that are made during fiscal years 1994, 1995, 1996, 1997, and 1998 should not exceed $5,000,000.", "summary": "Directs the Attorney General to: (1) conduct an evaluation of potential problem officer early warning programs utilized by local governments; (2) develop a model early warning system that is effective, capable of adjusting to changing circumstances, and affordable to local governments of jurisdictions with populations of 50,000 or more; and (3) prepare and disseminate findings and recommendations to the law enforcement community for the establishment of such programs. Sets forth provisions regarding: (1) reporting requirements; and (2) payment of expenses incurred in conducting the evaluation and developing a model system. Expresses thhe sense of the Congress that: (1) the Attorney General should make seed money grants of up to $25,000 to local governments for assisting in establishing such programs; and (2) local governments should be eligible if they adopt and enforce policies prohibiting unreasonable or unnecessary force by law enforcement officers and procedures for receiving and investigating citizen complaints."}
{"article": "SECTION 1. WILDFIRE ON FEDERAL LANDS. Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is amended-- (1) by striking ``(2)'' and all that follows through ``means'' and inserting the following: ``(2) Major disaster.-- ``(A) Major disaster.--The term `major disaster' means''; and (2) by adding at the end the following: ``(B) Major disaster for wildfire on federal lands.--The term `major disaster for wildfire on Federal lands' means any wildfire or wildfires, which in the determination of the President under section 802 warrants assistance under section 803 to supplement the efforts and resources of the Department of the Interior or the Department of Agriculture-- ``(i) on Federal lands; or ``(ii) on non-Federal lands pursuant to a fire protection agreement or cooperative agreement.''. SEC. 2. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL LANDS. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following: ``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND ``SEC. 801. DEFINITIONS. ``As used in this title-- ``(1) Federal land.--The term `Federal land' means-- ``(A) any land under the jurisdiction of the Department of the Interior; and ``(B) any land under the jurisdiction of the United States Forest Service. ``(2) Federal land management agencies.--The term `Federal land management agencies' means-- ``(A) the Bureau of Land Management; ``(B) the National Park Service; ``(C) the Bureau of Indian Affairs; ``(D) the United States Fish and Wildlife Service; and ``(E) the United States Forest Service. ``(3) Wildfire suppression operations.--The term `wildfire suppression operations' means the emergency and unpredictable aspects of wildland firefighting, including support, response, emergency stabilization activities, and other emergency management activities of wildland firefighting on Federal lands (or on non-Federal lands pursuant to a fire protection agreement or cooperative agreement) by the Federal land management agencies covered by the wildfire suppression subactivity of the Wildland Fire Management account or the FLAME Wildfire Suppression Reserve Fund account of the Federal land management agencies. ``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL LANDS. ``(a) In General.--The Secretary of the Interior or the Secretary of Agriculture may submit a request to the President consistent with the requirements of this title for a declaration by the President that a major disaster for wildfire on Federal lands exists. ``(b) Requirements.--A request for a declaration by the President that a major disaster for wildfire on Federal lands exists shall-- ``(1) be made in writing by the respective Secretary; ``(2) certify that the amount appropriated in the current fiscal year for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the respective Secretary, net of any concurrently enacted rescissions of wildfire suppression funds, increases the total unobligated balance of amounts available for wildfire suppression by an amount equal to or greater than the average total costs incurred by the Federal land management agencies per year for wildfire suppression operations, including the suppression costs in excess of appropriated amounts, over the previous ten fiscal years; ``(3) certify that the amount available for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the respective Secretary will be obligated not later than 30 days after such Secretary notifies the President that wildfire suppression funds will be exhausted to fund ongoing and anticipated wildfire suppression operations related to the wildfire on which the request for the declaration of a major disaster for wildfire on Federal lands pursuant to this title is based; and ``(4) specify the amount required in the current fiscal year to fund wildfire suppression operations related to the wildfire on which the request for the declaration of a major disaster for wildfire on Federal lands pursuant to this title is based. ``(c) Declaration.--Based on the request of the respective Secretary under this title, the President may declare that a major disaster for wildfire on Federal lands exists. ``SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE. ``(a) In General.--In a major disaster for wildfire on Federal lands, the President may transfer funds, only from the account established pursuant to subsection (b), to the Secretary of the Interior or the Secretary of Agriculture to conduct wildfire suppression operations on Federal lands (and non-Federal lands pursuant to a fire protection agreement or cooperative agreement). ``(b) Wildfire Suppression Operations Account.--The President shall establish a specific account for the assistance available pursuant to a declaration under section 802. Such account may only be used to fund assistance pursuant to this title. ``(c) Limitation.-- ``(1) Limitation of transfer.--The assistance available pursuant to a declaration under section 802 is limited to the transfer of the amount requested pursuant to section 802(b)(4). The assistance available for transfer shall not exceed the amount contained in the wildfire suppression operations account established pursuant to subsection (b). ``(2) Transfer of funds.--Funds under this section shall be transferred from the wildfire suppression operations account to the wildfire suppression subactivity of the Wildland Fire Management Account. ``(d) Prohibition of Other Transfers.--Except as provided in this section, no funds may be transferred to or from the account established pursuant to subsection (b) to or from any other fund or account. ``(e) Reimbursement for Wildfire Suppression Operations on Non- Federal Land.--If amounts transferred under subsection (c) are used to conduct wildfire suppression operations on non-Federal land, the respective Secretary shall-- ``(1) secure reimbursement for the cost of such wildfire suppression operations conducted on the non-Federal land; and ``(2) transfer the amounts received as reimbursement to the wildfire suppression operations account established pursuant to subsection (b). ``(f) Annual Accounting and Reporting Requirements.--Not later than 90 days after the end of each fiscal year for which assistance is received pursuant to this section, the respective Secretary shall submit to the Committees on Agriculture, Appropriations, the Budget, Natural Resources, and Transportation and Infrastructure of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry, Appropriations, the Budget, Energy and Natural Resources, Homeland Security and Governmental Affairs, and Indian Affairs of the Senate, and make available to the public, a report that includes the following: ``(1) The risk-based factors that influenced management decisions regarding wildfire suppression operations of the Federal land management agencies under the jurisdiction of the Secretary concerned. ``(2) Specific discussion of a statistically significant sample of large fires, in which each fire is analyzed for cost drivers, effectiveness of risk management techniques, resulting positive or negative impacts of fire on the landscape, impact of investments in preparedness, suggested corrective actions, and such other factors as the respective Secretary considers appropriate. ``(3) Total expenditures for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the respective Secretary, broken out by fire sizes, cost, regional location, and such other factors as the such Secretary considers appropriate. ``(4) Lessons learned. ``(5) Such other matters as the respective Secretary considers appropriate. ``(g) Savings Provision.--Nothing in this title shall limit the Secretary of the Interior, the Secretary of Agriculture, Indian tribe, or a State from receiving assistance through a declaration made by the President under this Act when the criteria for such declaration have been met.''.", "summary": "Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to define a \"major disaster for wildfire on federal lands\" as any wildfire that, in the determination of the President, warrants assistance under this Act to supplement the efforts and resources of the Department of the Interior or the Department of Agriculture: (1) on federal lands, or (2) on non-federal lands pursuant to a fire protection agreement or cooperative agreement. Authorizes the Secretary of the Interior or the Secretary of Agriculture to submit a request to the President for a declaration that such a major disaster exists. Requires such a request to: certify that the amount appropriated in the current fiscal year for wildfire suppression operations of the federal land management agencies under the jurisdiction of the respective Secretary, net of any concurrently enacted rescissions of wildfire suppression funds, increases the total unobligated balance of amounts available for wildfire suppression by an amount equal to or greater than the average total costs incurred by such agencies per year for wildfire suppression operations over the previous 10 fiscal years; certify that the amount available for wildfire suppression operations of the federal land management agencies under the jurisdiction of the respective Secretary will be obligated not later than 30 days after such Secretary notifies the President that wildfire suppression funds will be exhausted to fund ongoing and anticipated wildfire suppression operations related to the wildfire on which such request is based; and specify the amount required in the current fiscal year to fund wildfire suppression operations related to the wildfire on which such request is based. Authorizes the President to: (1) declare that such a major disaster exists based on such a request, (2) establish a specific account for assistance pursuant to such a declaration, and (3) transfer funds from such account to the Secretary of the Interior or the Secretary of Agriculture to conduct wildfire suppression operations on such lands. Requires the respective Secretary to secure reimbursement of transferred amounts used for wildfire suppression operations on non-federal land."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gerardo Hernandez Airport Security Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Homeland Security (Transportation Security) of the Department of Homeland Security. (2) Administration.--The term ``Administration'' means the Transportation Security Administration. SEC. 3. SECURITY INCIDENT RESPONSE AT AIRPORTS. (a) In General.--The Assistant Secretary shall, in consultation with the Administrator of the Federal Emergency Management Agency, conduct outreach to all airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures, and provide technical assistance as necessary, to verify such airports have in place individualized working plans for responding to security incidents inside the perimeter of the airport, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. (b) Types of Plans.--Such plans may include, but may not be limited to, the following: (1) A strategy for evacuating and providing care to persons inside the perimeter of the airport, with consideration given to the needs of persons with disabilities. (2) A plan for establishing a unified command, including identification of staging areas for non-airport-specific law enforcement and fire response. (3) A schedule for regular testing of communications equipment used to receive emergency calls. (4) An evaluation of how emergency calls placed by persons inside the perimeter of the airport will reach airport police in an expeditious manner. (5) A practiced method and plan to communicate with travelers and all other persons inside the perimeter of the airport. (6) To the extent practicable, a projected maximum timeframe for law enforcement response. (7) A schedule of joint exercises and training to be conducted by the airport, the Administration, other stakeholders such as airport and airline tenants, and any relevant law enforcement, airport police, fire, and medical personnel. (8) A schedule for producing after-action joint exercise reports to identify and determine how to improve security incident response capabilities. (c) Report to Congress.--Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings from its outreach to airports under subsection (a), including an analysis of the level of preparedness such airports have to respond to security incidents, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. SEC. 4. DISSEMINATING INFORMATION ON BEST PRACTICES. The Assistant Secretary shall-- (1) identify best practices that exist across airports for security incident planning, management, and training; and (2) establish a mechanism through which to share such best practices with other airport operators nationwide. SEC. 5. CERTIFICATION. Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Assistant Secretary shall certify in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that all screening personnel have participated in practical training exercises for active shooter scenarios. SEC. 6. REIMBURSABLE AGREEMENTS. Not later than 90 days after the enactment of this Act, the Assistant Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an analysis of how the Administration can use cost savings achieved through efficiencies to increase over the next 5 fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements. SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act, and this Act shall be carried out using amounts otherwise available for such purpose. SEC. 8. INTEROPERABILITY REVIEW. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary shall, in consultation with the Assistant Secretary of the Office of Cybersecurity and Communications, conduct a review of the interoperable communications capabilities of the law enforcement, fire, and medical personnel responsible for responding to a security incident, including active shooter events, acts of terrorism, and incidents that target passenger-screening checkpoints, at all airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures. (b) Report.--Not later than 30 days after the completion of the review, the Assistant Secretary shall report the findings of the review to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Passed the House of Representatives July 22, 2014. Attest: KAREN L. HAAS, Clerk.", "summary": "(This measure has not been amended since it was reported to the House on July 3, 2014. Gerardo Hernandez Airport Security Act of 2014 - (Sec. 3) Directs the Assistant Secretary of Homeland Security (Transportation Security) of the Department of Homeland Security (DHS) to: (1) conduct outreach to all U.S. airports at which the Transportation Security Administration (TSA) performs, or oversees the implementation and performance of, security measures; and (2) give necessary technical assistance to verify that such airports have in place individualized working plans for responding to security incidents inside the airport perimeter, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. Requires the Assistant Secretary to report to Congress on the outreach findings, including an analysis of the level of preparedness such airports have to respond to such incidents. (Sec. 4) Requires the Assistant Secretary to: (1) identify best practices that exist across airports for security incident planning, management, and training; and (2) establish a mechanism through which to share those best practices with other airport operators nationwide. (Sec. 5) Requires the Assistant Secretary also to: (1) certify annually to specified congressional committees that all screening personnel have participated in practical training exercises for active shooter scenarios, and (2) analyze for those same committees how TSA can use cost savings achieved through efficiencies to increase over the next five fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements. (Sec. 7) Declares that no additional appropriations are authorized to carry out this Act. Requires this Act to be carried out using amounts otherwise available. (Sec. 8) Requires the Assistant Secretary to review the interoperable communications capabilities of law enforcement, fire, and medical personnel responsible for responding to security incidents at all U.S. airports at which the TSA performs, or oversees the implementation and performance of, security measures."}
{"article": "SECTION 1. FINDINGS. Congress finds that-- (1) the United States exercises sovereignty over Puerto Rico pursuant to the Treaty of Paris proclaimed by President McKinley on April 11, 1899, Article IX of which provides that the ``civil rights and political status of the native inhabitants'' of Puerto Rico ``shall be determined by the Congress''; (2) Congress continues to carry out all Federal responsibilities with respect to Puerto Rico, including those set forth in article IX of the treaty of cession, pursuant to the territorial clause of the United States Constitution (article IV, section 3, clause 2), which provides that ``Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States''; (3) in the Act of March 2, 1917 (39 stat. 951, chapter 145), Congress provided for civil administration of Puerto Rico and declared that, by virtue of that Act, the inhabitants of Puerto Rico shall be citizens of the United States, with such civil rights and political status as Congress determined to be consistent with residence in an unincorporated territory rather than a State of the Union; (4) in accordance with the Act of July 3, 1950 (64 Stat. 319, chapter 446), the people of Puerto Rico adopted a constitution in 1952 that, after amendment and approval by Congress, established the current Commonwealth structure for self-government in respect of internal affairs and local government administration, subject to the United States Constitution and Federal law applicable to Puerto Rico; and (5) the United States, consistent with its constitutional process, is committed to respecting the principle of self- determination as part of any procedure to resolve the political status of Puerto Rico. SEC. 2. REFERENDA. (a) Policy of the United States.--(1) In general.--It is the policy of the United States that the residents of Puerto Rico periodically should be afforded an opportunity freely to express their wishes regarding their political status.-- (2) Options.--The self-determination process for Puerto Rico should be one that enables the people of Puerto Rico to preserve their current political status if that is their preference, or to choose to seek, in accordance with a process approved by Congress and the residents of Puerto Rico-- (A) admission as a State of the Union on the basis of full equality; or (B) withdrawal of United States sovereignty in favor of independence or free association. (b) Requirements.--A referendum under this Act-- (1) shall be conducted among persons in Puerto Rico who meet the residency, United States citizenship, and other requirements of applicable law governing voter eligibility in Puerto Rico; (2) shall otherwise be in accordance with applicable provisions of the elections law of Puerto Rico and other relevant local and Federal law consistent with this Act; and (3) shall be decided by a majority of the votes cast. (c) Referendum by the End of 1998.-- (1) In general.--A referendum under this Act shall be conducted not later than December 31, 1998. (2) Format.-- (A) Part one of the ballot.--In the referendum under paragraph (1), the option of continuing the current Commonwealth arrangements and Puerto Rico's current political status, or, alternatively, entering on a process leading to permanent full self-government through separate sovereignty or statehood, shall be presented in Part One of the ballot as Options A and B, as follows: ``part one ``Option A.--COMMONWEALTH: The residents of Puerto Rico desire to continue the current Commonwealth structure for self- government with respect to internal affairs and administration under a local constitution, subject to the provisions of the Constitution and laws of the United States that apply to Puerto Rico. Puerto Rico will remain an unincorporated territory of the United States, and application of Federal law and provisions of the Constitution to Puerto Rico remains within the discretion of Congress. The future status of Puerto Rico will be determined through a process authorized by Congress that includes self-determination by the residents of Puerto Rico in periodic referenda. ``Option B.--PATH TO SEPARATE SOVEREIGNTY OR STATEHOOD: The residents of Puerto Rico desire to enter on a process for Congress and the residents of Puerto Rico to define and approve in a later vote a transition to permanent full self-government through either separate sovereignty or statehood as set forth in Part Two of this ballot.''. (B) Part two of the ballot.--Part Two of the ballot shall present voters with a choice between 2 options for ending the current territorial status in favor of separate sovereignty, in the form of independence, or free association as may be agreed, according to international law and definitions compatible with the constitutional process and practices of the United States, or, alternatively, full integration into the United States constitutional system on the basis of equality. The definitions of separate sovereignty and full integration leading to statehood shall appear in Part Two of the ballot as Options A and B, as follows: ``Option A.--SEPARATE SOVEREIGNTY: The residents of Puerto Rico desire to be a separate sovereign nation that exercises all the powers of government with respect to its territory and population, with full authority and responsibility for its internal and external affairs, through independence (or free association as may be agreed). Puerto Rico will become fully self-governing under its own constitution establishing a republican form of government, which shall be the supreme law. The United States Constitution and laws shall no longer apply, and the sovereignty, nationality, and citizenship of the United States in Puerto Rico shall terminate based on approval of separate sovereignty by Congress and the residents of Puerto Rico. Birth in Puerto Rico or relationship to a person who acquired United States citizenship by statute due to birth in Puerto Rico during the territorial period no longer will confer United States citizenship, but such persons shall have a right to retain statutory United States citizenship for life based on continued allegiance to the United States and election or designation as prescribed by Congress consistent with the transition to separate sovereignty and succession of nationality. ``Option B.--STATEHOOD: The residents of Puerto Rico desire admission of Puerto Rico as a State of the Union. Through statehood residents of Puerto Rico will have a status and rights secured under the United States Constitution, which will be the supreme law of the land with the same force and effect as in the other States of the Union. The sovereign State of Puerto Rico will be in permanent union with the United States, and powers not delegated to the Federal Government or prohibited to the States by the United States Constitution shall be reserved to the people of Puerto Rico or the State Government. The United States nationality and citizenship of persons born in Puerto Rico will be guaranteed in the same way it is for all United States citizens born in other States of the Union. United States citizens in Puerto Rico will have full and equal rights and duties of United States citizenship, including voting rights in elections for President and Vice President, as well as representation by 2 members in the United States Senate and proportionally on the basis of population in the House of Representatives.''. (3) Instructions to voters.-- (A) Part one.--The instructions to voters for Part One of the ballot in a referendum under this subsection shall state that a voter may select Option A or Option B by marking either option, but that ballots with both options marked in Part One will not be counted. (B) Part two.--The instructions to voters for Part Two of the ballot in such a referendum shall state that a voter may vote on Part Two regardless of how the voter voted on Part One, or even if they did not vote on Part One. The instructions to voters on Part Two shall also state that Part Two is to determine the preference of voters as between the options for seeking separate sovereignty or statehood in case a majority of the voters voting on Part One approve that course as set forth in Option B on Part One of the ballot. The voters shall be instructed to approve Option A or Option B in Part Two by marking either, but that ballots with both options marked in Part Two will not be counted. (4) Validity of either part.--On any ballot cast in a referendum under this subsection either Part One or Part Two shall be counted if properly cast, even if the other part of the ballot is not counted due to the manner in which the other part has been cast. SEC. 3. IMPLEMENTATION. (a) Selection of Current Status or Rejection of Transition.--If a majority of the voters approve continuation of the current unincorporated status and the present `Commonwealth' structure for local self-government, or on rejection of a transition plan, unless otherwise provided by Congress, referenda on the future political status of Puerto Rico shall be held in accordance with this Act every 4 years thereafter, but not within 270 calendar days of a general election, in order to ensure that the right of the people of Puerto Rico to self-determination is respected, and that the people periodically are afforded the opportunity freely to express their wishes with respect to resolution of Puerto Rico's status based on permanent full self-government. (b) Selection of Statehood.--If statehood is selected, the President, not later than 180 days after the referendum, shall transmit to the Congress legislation providing for the admission of Puerto Rico as a State of the Union in accordance with a transition plan that includes procedures for approval of the terms of admission and implementation thereof by a majority vote of the residents of Puerto Rico. (c) Selection of Separate Sovereignty.--If separate sovereignty is selected, the President, not later than 180 days after the referendum, shall transmit to the Congress legislation to providing a plan for the transition to an international sovereign-to-sovereign relationship governed by a treaty or international agreement (including measures to cease conferral of United States citizenship on persons born in Puerto Rico), and such legislation shall include procedures for approval of the transition to separate sovereignty by a majority vote of the residents of Puerto Rico.", "summary": "Requires a referendum to be held by December 31, 1998, on Puerto Rico's path to self-determination either through preserving its current political status, U.S. statehood, or separate sovereignty (independence or free association). Sets forth specified requirements with respect to the referendum and congressional procedures for consideration of legislation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stock Option Accounting Reform Act''. SEC. 2. MANDATORY EXPENSING OF STOCK OPTIONS HELD BY HIGHLY COMPENSATED OFFICERS. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(m) Mandatory Expensing of Stock Options.-- ``(1) Named executive officer.--As used in this subsection, the term `named executive officer' means-- ``(A) all individuals serving as the chief executive officer of an issuer, or acting in a similar capacity, during the most recent fiscal year, regardless of compensation level; and ``(B) the 4 most highly compensated executive officers, other than an individual identified under subparagraph (A), that were serving as executive officers of an issuer at the end of the most recent fiscal year. ``(2) In general.--Subject to paragraph (4), every issuer of a security registered pursuant to section 12 shall show as an expense in the annual report of such issuer filed under subsection (a)(2), the fair value of all options to purchase the stock of the issuer granted after December 31, 2004, to a named executive officer of the issuer. ``(3) Fair value.-- ``(A) In general.--The fair value of an option to purchase the stock of the issuer that is subject to paragraph (2) shall be-- ``(i) equal to the value that would be agreed upon by a willing buyer and seller of such option, who are not under any compulsion to buy or sell such option; and ``(ii) shall take into account all of the characteristics and restrictions imposed upon the option. ``(B) Pricing model.--To the extent that an option pricing model, such as the Black-Scholes method or a binomial model, is used to determine the fair value of an option, the assumed volatility of the underlying stock shall be zero. ``(4) Exemptions.-- ``(A) Small business issuers.--This subsection shall not apply to an issuer, if-- ``(i) the issuer has annual revenues of less than $25,000,000; ``(ii) the issuer is organized under the laws of the United States or Canada; ``(iii) the issuer is not an investment company (as such term is defined under section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3)); ``(iv) the aggregate value of the outstanding voting and non-voting common equity securities of the issuer held by non-affiliated parties is less than $25,000,000; and ``(v) in the case of an issuer that meets the criteria in clauses (i) through (iv) and is a majority owned subsidiary, the parent of the issuer meets the requirements of this paragraph. ``(B) Delayed effectiveness.--The requirements of this subsection shall not apply to an issuer before the end of the 3-year period beginning on the date of the completion of the initial public offering of the securities of the issuer, and shall only apply to an option to purchase the stock of an issuer granted after such date.''. SEC. 3. PROHIBITION ON EXPENSING AND ECONOMIC IMPACT STUDY. (a) Prohibition.--Section 19(b) of the Securities Act of 1933 is amended by adding at the end the following: ``(3) Prohibition on expensing standards.-- ``(A) In general.--The Commission shall not recognize as ``generally accepted'' any accounting principle established by a standard setting body relating to the expensing of stock options unless-- ``(i) it complies with the requirements of subparagraph (B); and ``(ii) the economic impact study required under section 3(b) of the Stock Option Accounting Reform Act of 2003 has been completed. ``(B) Requirements.--A standard referred to in subparagraph (A) shall require that-- ``(i) if an option to purchase the stock of an issuer that is subject to the requirements of section 13(m) of the Securities Exchange Act of 1934 is exercised, forfeited, or expires unexercised, any expense that had been reported under that section 13(m) with respect to such option shall be reported in the fiscal year in which the option expires or is forfeited as a reduction of the total expense required to be reported under that section 13(m) during that fiscal year; and ``(ii) to the extent that any reduction required under clause (i) exceeds total option expenses for any fiscal year, such excess shall be reported as income with respect to options to purchase the stock of the issuer.''. (b) Economic Impact Study.--The Secretary of Commerce and the Secretary of Labor shall conduct and complete a joint study on the economic impact of the mandatory expensing of all employee stock options, including the impact upon-- (1) the use of broad-based stock option plans in expanding employee corporate ownership to workers at a wide range of income levels, with particular focus upon non-executive employees; (2) the role of such plans in the recruitment and retention of skilled workers; (3) the role of such plans in stimulating research and innovation; (4) the effect of such plans in stimulating the economic growth of the United States; and (5) the role of such plans in strengthening the international competitiveness of businesses organized under the laws of the United States.", "summary": "Stock Option Accounting Reform Act - Amends the Securities Exchange Act of 1934 to require an issuer of registered securities to show as an expense in its mandatory annual report the fair value of all stock purchase options granted to certain of its senior executive officers after December 31, 2004. Exempts small business issuers from such requirement. Amends the Securities Act of 1933 to require reporting of: (1) stock option expenses as a reduction of the total expense in the fiscal year in which they expire or are forfeited; and (2) as income any excess by which such reduction exceeds total option expenses for any fiscal year. Requires any accounting principle recognized as \"generally accepted\" by the Securities and Exchange Commission (SEC) regarding the expensing of stock purchase options to comply with this Act. Denies recognition to any such accounting principle until the Secretaries of Commerce and of Labor complete a joint study on the economic impact of mandatory expensing of all employee stock options."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Space to Schools Act of 2010''. SEC. 2. PROGRAM. (a) Purpose.--The Secretary of Education may carry out a program (in this Act referred to as the ``Program'') to-- (1) encourage highly skilled retiring or displaced aerospace professionals with backgrounds in science, technology, engineering, or mathematics to pursue careers as elementary, secondary, or vocational school teachers; and (2) promote science, technology, engineering, and mathematics (STEM) education in kindergarten through grade 12 by encouraging aerospace professionals to pursue careers in teaching. (b) Eligibility.-- (1) Eligible individuals.--An individual who is eligible to participate in the Program is an individual-- (A) who is a former employee of the National Aeronautics and Space Administration, its suppliers, or a related contractor; and (B) who has relevant work experience in the aerospace industry. (2) School eligibility.--An eligible local education agency, charter school, or vocational school may receive Program participants. (c) Submission of Applications.-- (1) Form and submission.--Selection of eligible individuals to participate in the Program shall be made on the basis of applications submitted to the Secretary of Education within the time periods specified in paragraph (2). An application shall be in such form and contain such information as the Secretary may require. (2) Time for submission.--An application shall be considered to be submitted on a timely basis if it submitted not later than 4 years after the date on which the individual is retired, separated, or released from employment in the aerospace industry. (d) Selection Criteria.-- (1) Establishment.--Subject to paragraphs (2) and (3), the Secretary shall prescribe the criteria to be used to select eligible individuals to participate in the Program. (2) Educational background.-- (A) Elementary or secondary school teacher.--If an applicant is applying for assistance for placement as an elementary or secondary school teacher, the Secretary shall require the applicant to have received a baccalaureate or advanced degree from an accredited institution of higher education in a science, technology, engineering, or mathematics field. (B) Vocational or technical teacher.--If an applicant for assistance for placement as vocational or technical teacher, the Secretary shall require the applicant to have-- (i) received an associate degree, postsecondary training, or related certification obtained through service in the Armed Forces; (ii) have 6 or more years of work experience in a vocational or technical field; or (iii) otherwise meet the certification or licensing requirements for a vocational or technical teacher in the State in which the applicant seeks assistance for placement under the Program. (3) Termination of employment.--An applicant who was terminated from previous employment for cause shall be ineligible to participate in the Program. (e) Participation Agreement.-- (1) In general.--An eligible individual selected to participate in the Program and receive financial assistance under this section shall be required to enter into an agreement with the Secretary in which the participant agrees-- (A) within such time as the Secretary may require, to obtain certification or licensing as an elementary, secondary, vocational, or technical school teacher, and to become a highly qualified teacher; and (B) to accept an offer of full-time employment as an elementary, secondary, vocational, or technical school teacher for not less than 3 school years and commit to teaching in the subjects of science, technology, engineering, or mathematics with an eligible local educational agency, charter school, or vocational school to begin the school year after obtaining such certification or licensing. (2) Waiver.--The Secretary may waive the 3-year commitment described in paragraph (1)(B) for a participant if the Secretary determined such waiver to be appropriate. (3) Stipends for participants.-- (A) Stipend authorized.--The Secretary may pay to a participant in the Program a stipend in an amount of not more than $5,000 to be used towards obtaining licensing or certification for elementary or secondary teaching or vocational teaching programs. (B) Stipend bonus.--The Secretary, in lieu of paying a stipend under subparagraph (A), may pay a bonus of $10,000 to a participant in the Program who agrees in the participation agreement to become a highly qualified teacher and accept full-time employment as an elementary, secondary, vocational, or technical teacher for not less than 3 years in a high- need school and teach in the subject area of science, technology, engineering, or mathematics. (f) Reimbursement Under Certain Circumstances.-- (1) Reimbursement required.--A participant in the Program who is paid a stipend or bonus under this section shall be required to repay the stipend or bonus under the following circumstances: (A) Failure to obtain qualifications or employment.--The participant fails to obtain teacher certification or licensing, to become a highly qualified teacher, or to obtain employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher as required by the participation agreement under subsection (e). (B) Termination of employment.--The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher during the 3 years of required service in violation of the participation agreement. (2) Amount of reimbursement.--A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under this section shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the 3 years of required service. Any amount owed by the participant shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the participant is first notified of the amount due. (3) Treatment of obligation.--The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11, United States Code, shall not release a participant from the obligation to reimburse the Secretary under this subsection. (g) Advisory Board.-- (1) No later than 120 days after enactment of this Act, the Secretary shall establish an Advisory Board whose duties include-- (A) collecting, considering, and disseminating feedback from participants, State educational agencies, local educational agencies, charter schools, and vocational schools on best practices for recruitment of eligible individuals to participate in the Program; (B) ensuring elementary schools, secondary schools, and vocational schools are aware of the Program and how to participate in it; (C) developing guidelines to help individuals selected to participate in the Program identify and enroll in licensing or certification training for elementary or secondary education teaching or vocational teaching programs; and (D) coordinating the goals of the Program with other Federal, State, and local education needs. (2) No later than 1 year after the date of enactment of this Act, and annually thereafter, prepare and submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, which shall include-- (A) information with respect to the activities of the Advisory Board; (B) information with respect to the Program, including-- (i) the number of participants in the Program; (ii) the number of States participating in the Program; (iii) the local educational agencies and schools where participants are employed; (iv) the grade levels at which the participants teach; (v) the academic subjects taught by participants; (vi) the hours of clinical and classroom time participants completed during the certification or licensing required for participation in the Program; (vii) a review of the stipend and bonus available to participants; and (viii) other demographic information as may be necessary to evaluate the effectiveness of the Program; and (C) recommendations for improvements and other necessary changes to ensure that the Program is meeting the purpose as described in subsection (a). (h) Definitions.--In this Act: (1) In general.--The terms ``elementary school'', ``highly qualified''; ``local educational agency'', ``secondary school'', ``State educational agency'', and ``State'' have the meaning given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Charter school.--The term ``charter school'' has the meaning given such term in section 5210 of the Elementary and Secondary Act of 1965 (20 U.S.C. 7221i). (3) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency receiving funding under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.). (4) High-need school.--The term ``high-need school'' means an elementary school, secondary school, or vocational school under the jurisdiction of an eligible local educational agency, or a charter school, or vocational school, where at least 50 percent of the students enrolled in the school are-- (A) in poverty counted in the most recent census data approved by the Secretary; (B) eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (C) in families receiving assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or (D) eligible to receive medical assistance under the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (6) Vocational school.--The term ``vocational school'' means-- (A) a specialized public secondary school used exclusively or principally for the provision of vocational and technical education to individuals who are available for study in preparation for entering the labor market; or (B) the department or division of an institution of higher education that provides vocational and technical education in not fewer than five different occupational fields leading to immediate employment but not necessarily leading to a baccalaureate degree. (7) Secretary.--The term ``Secretary'' means the Secretary of Education. (i) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $20,000,000 to carry out this Act for fiscal year 2011 and each of fiscal years 2012 through 2014. (2) No fiscal year limitation on funding.--Funds appropriated under paragraph (1) shall remain available until expended.", "summary": "Space to Schools Act of 2010 - Authorizes the Secretary of Education to implement a program to encourage individuals who are former employees of the National Aeronautics and Space Administration (NASA), its suppliers, or related contractors who have relevant work experience in the aerospace industry to pursue careers as elementary, secondary, or vocational school teachers. Sets forth educational background requirements for program participants. Requires program participants to enter into an agreement to: (1) obtain certification or licensing as an elementary, secondary, vocational, or technical school teacher, and to become a highly qualified teacher; and (2) accept an offer of full-time employment as an elementary, secondary, vocational, or technical school teacher for at least three school years and commit to teaching science, technology, engineering, or mathematics after obtaining such certification or licensing. Directs the Secretary to provide program participants with: (1) a stipend for use in obtaining certification or licensing; or (2) a larger bonus if they agree to perform their service in high-need schools. Requires the Secretary to establish an Advisory Board to oversee the program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``USDA Debarment Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) dating back to 1986, several Secretaries of Agriculture have failed to comply with Executive Order No. 12549, which was intended to ensure that the Federal Government did not continue to do business with companies that violate the regulations of a program of any Executive agency; (2) several companies that have violated the regulations of programs within the Department of Agriculture (such as programs related to international agricultural trade, food and nutrition, commodity storage, and livestock trade) continue to participate in the programs with respect to which the companies have violated the regulations; and (3) companies that have violated, and continue to violate, regulations governing Department programs have received billions of dollars, and continue to monetarily benefit. SEC. 3. DEFINITIONS. As used in this Act: (1) Department.--The term ``Department'' means the United States Department of Agriculture. (2) Executive agency.--The term ``Executive agency'' has the same meaning as is provided in section 105 of title 5, United States Code. (3) Final determination.--The term ``final determination'' means the final decision of the Secretary in a nonprocurement debarment proceeding involving a person as to whether the person has committed a material violation-- (A) including a final decision regarding the term of the debarment; but (B) not including a decision as to whether there is sufficient reason for initiation of a nonprocurement debarment proceeding. (4) Material violation.--The term ``material violation'' means an action or series of actions taken by a person that constitute a substantial and material violation of a regulation of a program of the Department, as determined by the Secretary. (5) Nonprocurement debarment.--The term ``nonprocurement debarment'' means an action to bar a person from programs and activities involving Federal financial and nonfinancial assistance offered by the Department, but not including-- (A) Federal procurement programs and activities; (B) contracts entered into by the Commodity Credit Corporation under the price support operations and other programs of the Corporation with persons in the capacities of the persons as agricultural producers; (C) conservation programs administered by the Secretary; and (D) individuals and households who participate in nutrition assistance programs administered by the Secretary. (6) Person.--The term ``person'' means any individual, corporation, partnership, association, or other legal entity, however organized, who is participating, or has participated, in a program or activity of the Department. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. NONPROCUREMENT DEBARMENT. (a) Initiation of Proceedings.--Except as provided in subsection (c), if the Secretary obtains notice of the alleged occurrence of a material violation of a regulation of a program or activity of the Department and the Secretary determines under subsection (b) that there is sufficient reason for initiation of a nonprocurement debarment proceeding the Secretary shall initiate a nonprocurement debarment proceeding against the person not later than 180 days after the determination. (b) Sufficient Reason for Initiation of Nonprocurement Debarment Proceedings.--Subject to subsection (c), sufficient reason for initiation of a nonprocurement debarment proceeding includes, as determined by the Secretary-- (1) the violation of a Federal or State law relevant to the integrity or orderly administration of the program or activity of the Department in which the person is participating; or (2) the commission of an action that may constitute a material violation of a regulation applicable to a program or activity of the Department. (c) Exception.--If the Secretary determines that a decision to initiate a nonprocurement debarment proceeding cannot be made within the 180-day period referred to in subsection (a) because of the need to further investigate the actions of a person relating to the alleged material violation, the Secretary may have such additional time as the Secretary considers necessary to make a decision, but not more than 180 days beyond the original 180-day period. SEC. 5. NONPROCUREMENT DEBARMENT PROCEEDINGS. (a) Notice and Hearing.--Subsequent to the determination that there is sufficient reason for initiation of a nonprocurement debarment proceeding under section 4, the Secretary shall provide the person against whom the proceeding has been initiated with-- (1) full notice of the allegations; (2) the opportunity for an informal hearing not on the record, in which the person is provided appropriate due process procedures, as determined by the Secretary, including an opportunity to rebut any allegation of a material violation; (3) notice of the finding of the Secretary on whether 1 or more material violations were committed by the person; and (4) notice of the appropriate period of debarment. (b) Period of Debarment.--Subject to subsection (e), a person determined to have committed a material violation shall be ineligible to participate in the program or activity in which the material violation occurred during the 5-year period beginning on the date of the determination. (c) Previous Debarment.--Subject to subsection (e), a person who has been previously debarred by another Executive agency, or has been previously debarred under a nonprocurement debarment proceeding under this Act, who is determined by the Secretary to have committed a material violation based on a separate set of factual occurrences, shall be permanently debarred from participating in any program or activity of the Department. (d) Exhaustion of Administrative Remedies.--Prior to seeking judicial review in a court of competent jurisdiction, a person against whom a nonprocurement debarment proceeding has been initiated shall-- (1) exhaust all administrative procedures prescribed by the Secretary; and (2) receive notice of the final determination of the Secretary. (e) Good Faith.--If the Secretary determines that a person, against whom there is sufficient reason for initiation of a nonprocurement debarment proceeding, or against whom a finding of material violation has already been made, committed the act that is the subject of the nonprocurement debarment proceeding in good faith, the Secretary may reduce or eliminate the applicable periods of debarment specified in subsections (b) and (c). (f) Coordination.--To the maximum extent practicable, the Secretary shall consolidate and coordinate any nonprocurement debarment action taken under this Act with other adverse actions within the Department, including other nonprocurement debarment actions. (g) Precedence.--This Act shall take precedence over any administrative procedure for debarment that affects the Department, to the extent that the procedure conflicts with this Act. SEC. 6. REPORT ON CONSISTENT DEBARMENT POLICY. Not later than 120 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall advise the appropriate committees of Congress and the Comptroller General of the United States as to the appropriateness and usefulness of a policy for procurement debarment and a policy for nonprocurement debarment that are applicable all Executive agencies. SEC. 7. REGULATIONS. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall issue regulations to ensure compliance with such provisions of Executive Order No. 12549 as are not in conflict with this Act. (b) Rulemaking Proceeding.--Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate a rulemaking proceeding to implement this Act. The rulemaking proceeding shall-- (1) identify all agencies, programs, and activities that are affected by this Act; (2) specify what is sufficient reason for initiation of a nonprocurement debarment proceeding; (3) specify the procedures for the proceeding; (4) specify guidelines for the finding of a material violation; and (5) specify the administrative action to be taken against a person found to have committed a material violation. SEC. 8. TERMINATION OF AUTHORITY. The authority provided by this Act shall terminate on September 30, 1999.", "summary": "USDA Debarment Act of 1993 - Directs the Secretary of Agriculture to carry out debarment procedures against persons materially violating nonprocurement program regulations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Overseas Educators Act''. SEC. 2. TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT OF DISPLACED TEACHERS. (a) Definitions.--For the purpose of this section-- (1) the term ``agency'' means an Executive agency (as defined by section 105 of title 5, United States Code), excluding the General Accounting Office; (2) the term ``DoDDS teacher'' means a teacher within the meaning of section 2(2) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)); and (3) the term ``displaced employee'' means-- (A) a DoDDS teacher who has been given specific notice that such individual is to be separated due to a reduction in force; and (B) any individual who has been involuntarily separated from service as a DoDDS teacher due to a reduction in force. (b) Consideration for Vacant Positions.--In accordance with regulations which the Office of Personnel Management shall prescribe (consistent with otherwise applicable provisions of law), an agency shall, in filling a vacant position for which a qualified displaced employee has applied in timely fashion, give full consideration to the application of the displaced employee before selecting any candidate from outside the agency for the position. (c) Limitation.--A displaced employee shall remain entitled to the consideration described in subsection (b) until the end of the 12-month period beginning on-- (1) the date such employee receives the specific notice described in subsection (a)(3)(A); or (2) if the employee is involuntarily separated (as described in subsection (a)(3)(B)), the effective date of the separation. (d) Applicability.-- (1) In general.--This section shall apply to any individual who-- (A) becomes a displaced employee during the 12- month period ending on the day before the date of enactment of this Act; or (B) becomes a displaced employee on or after the date of enactment of this Act and before October 1, 1997. (2) Rule for applying the 12-month limitation to current displaced employees.--For the purpose of any displaced employee described in paragraph (1)(A), the 12-month period under subsection (c) shall be considered to begin on the date of enactment of this Act, rather than the date which would otherwise be required by subsection (c). (3) Positions to which this section shall not apply.-- Nothing in this section shall be considered to apply with respect to any position-- (A) which has been filled as of the date of enactment of this Act; or (B) which has been excepted from the competitive service because of its confidential, policy- determining, policy-making or policy-advocating character. SEC. 3. TEACHER RECRUITMENT. (a) Amendment Relating to Benefits for Teachers Recruited Abroad.-- (1) In general.--Section 5 of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 903) is amended by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) the following: ``(d)(1) Each individual recruited outside the United States for service in a teaching position shall, after such individual completes 1 full school year of service in a teaching position, be entitled to the same benefits as an individual recruited in the United States, to the extent that such benefits are based on service in a teaching position. ``(2)(A) Paragraph (1) shall not apply in the case of any individual who is the spouse of, and residing in the same household as, a member of a uniformed service who is eligible (as such a member) for benefits comparable to those described in section 7 or 8 of this Act. ``(B) An individual shall not be considered to have ceased to reside in the same household as a member if due to a reassignment of such member for 90 days or less.''. (2) Service to be considered.--In administering the amendment made by paragraph (1), service performed before, on, or after the date of enactment of this Act shall be considered. (b) Amendment Relating to the Definition of a ``Teaching Position''.--Paragraph (1) of section 2 of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(1)) is amended by striking the period at the end of subparagraph (B)(iii) and inserting a comma, and by adding at the end of such paragraph the following: ``including those cases in which such duties and responsibilities are performed-- ``(I) in a substitute capacity; ``(II) as a summer school teacher; ``(III) as an instructor for the Junior Reserve Officers' Training Corps; ``(IV) as a paraprofessional or teacher aide; ``(V) for a definite term, not to exceed 1 school year, in the excepted service; or ``(VI) for an indefinite term in the excepted service.''. SEC. 4. COMPENSATION; LEAVE TRANSFERS; RECERTIF- ICATION. (a) Compensation; Leave Transfers.--The Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901 and following) is amended-- (1) in sections 4(a)(2) and 5(c) by striking ``urban''; and (2) in section 6 by adding at the end the following: ``(h) The Director of Dependents' Education, in consultation with the Director of the Office of Personnel Management, shall establish for teachers-- ``(1) a voluntary leave transfer program similar to the one under subchapter III of chapter 63 of title 5, United States Code; and ``(2) a voluntary leave bank program similar to the one under subchapter IV of chapter 63 of title 5, United States Code.''. (b) Recertification.--Paragraph (5) of section 1413 of the Defense Dependents' Education Act of 1978 (20 U.S.C. 931(5)) is amended to read as follows: ``(5) provide for a recertification program for professional personnel employed in the system to obtain not more than 6 semester-hours of graduate or undergraduate coursework in any discipline or subject area taught by schools of the defense dependents' education system, and''. (c) Applicability.--The amendments made by subsection (a)(1)-- (1) shall apply with respect to compensation for service performed in fiscal years beginning more than 90 days after the date of enactment of this Act; and (2) shall be deemed not to have been enacted for purposes of determining compensation for service performed before the first fiscal year to which such amendments apply under paragraph (1). SEC. 5. CONTINUED HEALTH BENEFITS. (a) In General.--Section 8905a(d) of title 5, United States Code, is amended-- (1) in paragraph (1)(A) by striking ``Except as provided in paragraph (4),'' and inserting ``Except as provided in paragraph (4) or (5),''; (2) in paragraph (2) by striking ``in accordance with paragraph (1) or (4),'' and inserting ``in accordance with paragraph (1), (4), or (5),''; and (3) by adding at the end the following: ``(5)(A) For the purpose of this paragraph, the term `teaching position' has the meaning given such term under section 2(1) of the Defense Department Overseas Teachers Pay and Personnel Practices Act. ``(B) If the basis for continued coverage under this section is an involuntary separation from a teaching position due to a reduction in force-- ``(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and ``(ii) the agency which last employed the individual shall pay the remaining portion of the amount required under paragraph (1)(A). ``(C) This paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before-- ``(i) October 1, 1997; or ``(ii) February 1, 1998, if specific notice of such separation was given to such individual before October 1, 1997.''. (b) Source of Payments.--Any amount which becomes payable by an agency as a result of the enactment of subsection (a) shall be paid out of funds or appropriations available for salaries and expenses of such agency.", "summary": "Department of Defense Overseas Educators Act - Provides for the implementation of temporary measures to facilitate reemployment in Federal agencies of Federal employees separated from teaching positions in schools for overseas Department of Defense dependents (DoDDS teachers). Amends the Defense Department Overseas Teachers Pay and Personnel Practices Act to require that, in certain cases, DoDDS teachers recruited abroad be entitled to the same benefits as teachers recruited in the United States. Requires the Director of Dependents' Education to establish for DoDDS teachers a voluntary leave transfer program and a voluntary leave transfer bank program. Limits the amount of graduate or undergraduate coursework which may be taken under a recertification program for DoDDS professional personnel. Amends Federal law to provide for continued health benefits for DoDDS teachers involuntarily separated from service under a reduction in force."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Livestock Concentration Report Act''. SEC. 2. DEFINITIONS. In this Act: (1) Antitrust laws.--The term ``antitrust laws'' has the meaning provided in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that the term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent the section applies to unfair methods of competition. (2) Commission.--The term ``Commission'' means the Commission on Concentration in the Livestock Industry established under section 3. (3) Study of concentration in the red meat packing industry.--The term ``study of concentration in the red meat packing industry'' means the study of concentration in the red meat packing industry proposed by the Department of Agriculture in the Federal Register on January 9, 1992 (57 Fed. Reg. 875), and for which funds were appropriated by Public Law 102-142 (105 Stat. 878). SEC. 3. ESTABLISHMENT OF COMMISSION. (a) In General.--A Commission on Concentration in the Livestock Industry shall be established that shall be composed of-- (1) the Secretary of Agriculture, who shall be the chairperson of the Commission; and (2) 2 members who represent each of the following categories: (A) Cattle producers. (B) Hog producers. (C) Lamb producers. (D) Meat packers. (E) Experts in antitrust laws. (F) Economists. (G) Corporate chief financial officers. (H) Corporate procurement experts. (b) Appointment.--The members of the Commission appointed under subsection (a)(2) shall be appointed as follows: (1) The President shall appoint 4 members. (2) The Majority Leader of the Senate shall appoint 4 members. (3) The Minority Leader of the Senate shall appoint 2 members. (4) The Speaker of the House of Representatives shall appoint 4 members. (5) The Minority Leader of the House of Representatives shall appoint 2 members. SEC. 4. DUTIES OF COMMISSION. (a) In General.--The Commission shall-- (1) determine whether the study of concentration in the red meat packing industry adequately-- (A) examined and identified procurement markets for slaughter cattle in the continental United States; (B) analyzed the effects that slaughter cattle procurement practices, and concentration in the procurement of slaughter cattle, have on the purchasing and pricing of slaughter cattle by beef packers; (C) examined the use of captive cattle supply arrangements by beef packers and the effects of the arrangements on slaughter cattle markets; (D) examined the economics of vertical integration and of coordination arrangements in the hog slaughtering and processing industry; (E) examined the pricing and procurement by hog slaughtering plants operating in the Eastern corn belt; (F) reviewed the pertinent research literature on issues relating to the structure and operation of the meat packing industry; and (G) represents, with respect to the matters described in subparagraphs (A) through (F), the current situation in the livestock industry compared to the situation of the industry reflected in the data on which the study is based; (2) to request the Attorney General to report on the application of the antitrust laws and operation of other Federal laws applicable, with respect to concentration and vertical integration in the procurement and pricing of slaughter cattle and of slaughter hogs by meat packers; (3) review laws and regulations relating to the operation of the meat packing industry regarding the concentration, vertical integration, and vertical coordination in the industry; (4) review the farm-to-retail price spread for livestock during the period beginning on January 1, 1993, and ending on the date the report is submitted under section 5(a); (5) review the adequacy of price data obtained by the Department of Agriculture under section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622); (6) make recommendations regarding the adequacy of price discovery in the livestock industry for animals held for market; and (7) review the lamb industry study completed by the Department of Justice during 1993. (b) Solicitation of Information.--For purposes of complying with paragraphs (2), (3), and (4) of subsection (a), the Commission shall solicit information from all parts of the livestock industry, including livestock producers, livestock marketers, industry employees, meat packers, meat processors, and retailers. SEC. 5. REPORT AND TERMINATION. (a) Report.--Not later than 90 days after the study of concentration in the red meat packing industry is submitted to Congress, the Commission shall submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate a report summarizing the results of the duties carried out under section 4. (b) Termination.--Not later than 30 days after submission of the report, the Commission shall terminate. Passed the Senate December 20, 1995. Attest: Secretary. 104th CONGRESS 1st Session S. 1340 _______________________________________________________________________ AN ACT To establish a Commission on Concentration in the Livestock Industry, and for other purposes.", "summary": "Livestock Concentration Report Act - Establishes a Commission on Concentration in the Livestock Industry composed of the Secretary of Agriculture, cattle, hog, and lamb producers, meat packers, corporate representatives, economists, and antitrust experts to review: (1) the adequacy of the study of concentration in the red meat packing industry; (2) the impact of antitrust, coordination, and other laws affecting the meat packing industry; (3) certain farm-to-retail and other price related data; (4) a specified lamb study; and (5) certain hog processing activities. Requires the Commission to report to the Congress within a specified time, and terminates the Commission within a specified time after such submission."}
{"article": "SECTION 1. EXCLUSION FROM GROSS INCOME FOR DISTRIBUTIONS FROM CONTROLLED FOREIGN CORPORATIONS WHICH ARE INVESTED IN CERTAIN PROPERTY LOCATED IN THE UNITED STATES OR USED TO HIRE NEW EMPLOYEES IN THE UNITED STATES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. DISTRIBUTIONS FROM CONTROLLED FOREIGN CORPORATIONS WHICH ARE INVESTED IN CERTAIN UNITED STATES PROPERTY OR WHICH ARE USED TO HIRE NEW EMPLOYEES IN THE UNITED STATES. ``(a) Exclusion.--The gross income of a United States shareholder of a controlled foreign corporation shall not include the amount of any qualified distribution received during the taxable year by such shareholder from such corporation. ``(b) Reinvestment Requirements.-- ``(1) In general.--If, as of the close of the reinvestment period with respect to any distribution, the taxpayer fails to meet-- ``(A) the investment in property requirement of subsection (c), or ``(B) the job creation requirement of subsection (d), then the taxpayer's tax imposed by this chapter for the taxable year in which such reinvestment period ends shall be increased by an amount equal to the recapture amount with respect to such distribution. ``(2) Recapture amount.--For purposes of paragraph (1), the term `recapture amount' means an amount equal to the sum of-- ``(A) the shortfall percentage of the reduction in the taxpayer's liability for tax under this chapter which resulted from excluding such distribution from gross income under subsection (a), plus ``(B) the aggregate amount of interest (determined in the manner provided in subsection (e)(4)) on the amount determined under subparagraph (A). ``(3) Shortfall percentage.--For purposes of paragraph (2), the term `shortfall percentage' means the greater of-- ``(A) the investment in property shortfall percentage, or ``(B) the job creation shortfall percentage. ``(4) Investment in property shortfall percentage.--For purposes of paragraph (3), the term `investment in property shortfall percentage' means the percentage which-- ``(A) the excess (if any) of-- ``(i) an amount equal to 50 percent of the distribution involved, over ``(ii) the amount of qualified investment made during the reinvestment period which allocable to such distribution, bears to ``(B) the amount described in subparagraph (A)(i). ``(5) Job creation shortfall percentage.--For purposes of paragraph (3), the term `job creation shortfall percentage' means the percentage which-- ``(A) the excess (if any) of-- ``(i) an amount equal to 12.5 percent of the distribution involved, over ``(ii) the amount of new employee wages paid during the last taxable year of the reinvestment period allocable to such distribution, bears to ``(B) the amount described in subparagraph (A)(i). ``(c) Investment in Property Requirement.--For purposes of this section-- ``(1) Requirement.--A taxpayer meets the investment in property requirement of this subsection if the qualified investment of the taxpayer during the reinvestment period (to the extent not taken into account under this paragraph with respect to any prior distribution) is not less than 50 percent of the amount of the distribution. ``(2) Qualified investment.--The term `qualified investment' means the sum of-- ``(A) the aggregate bases of new qualified property placed in service by the taxpayer, and ``(B) the aggregate cost of used qualified property placed in service by the taxpayer. Rules similar to the rules of subsections (b) and (c) of section 48 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this paragraph. ``(3) Qualified property.--For purposes of paragraph (2), the term `qualified property' means-- ``(A) section 38 property (as defined by section 48(a) as in effect on the day before the date of the enactment of the Omnibus Budget Reconciliation Act of 1990), and ``(B) real property (not described in subparagraph (A)) used as an integral part of manufacturing facility (as defined in section 144(a)(12)(C)). The term `qualified property' shall not include any property if the taxpayer is the lessor of the property. ``(4) Recapture if property disposed of, etc.-- ``(A) In general.--If any qualified property is disposed of, or otherwise ceases to be qualified property with respect to the taxpayer, before the close of the recapture period, then the taxpayer's tax imposed by this chapter for the taxable year in which such disposition or cessation occurs shall be increased by the sum of-- ``(i) the recapture percentage of such property's share of the tax benefit under this section, plus ``(ii) the aggregate amount of interest (determined in the manner provided in subsection (e)(4)) on the amount determined under subparagraph (A). ``(B) Definitions.--For purposes of this paragraph-- ``(i) Recapture period.--The term `recapture period' means, with respect to any property, the period consisting of the first full year after the property is placed in service and-- ``(I) the 2 succeeding full years in the case of 3-year property (within the meaning of section 168), ``(II) the 4 succeeding full years in the case of section 38 property other than 3-year property, and ``(III) the 9 succeeding full years in the case of property referred to in paragraph (2)(B). ``(ii) Recapture percentage.--The term `recapture percentage' means the percentage determined under section 50(a)(1)(B); except that-- ``(I) in the case of 3-year property, the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, the percentage set forth in clause (iii) of such table shall be 33 percent, and clauses (iv) and (v) of such table shall not apply, and ``(II) in the case of property referred to in paragraph (2)(B), the percentage shall be 100 percent for the first full year of the recapture period and, for each full year thereafter, shall be 10 percentage points less than the recapture percentage for the prior year. ``(C) Property's share of tax benefit.--A property's share of the tax benefit under this section shall be-- ``(i) an amount which bears the same ratio to the reduction in the taxpayer's liability for tax under this chapter which resulted from excluding the distribution involved from gross income under subsection (a), as ``(ii) the unadjusted basis of such property bears to the aggregate unadjusted bases of all qualified property placed in service during the reinvestment period with respect to such distribution. ``(d) Job Creation Requirement.--For purposes of this section-- ``(1) Requirement.--A taxpayer meets the job creation requirement of this subsection if the new employee wages paid by the taxpayer during the last taxable year of the reinvestment period (to the extent not taken into account under this paragraph with respect to any prior distribution) is not less than 12.5 percent of the amount of the distribution. ``(2) New employee wages.--The term `new employee wages' means, with respect to any distribution, wages paid to employees-- ``(A) who are first hired after the date of such distribution, and ``(B) whose employment represents an increase in the aggregate number of employees of the taxpayer in the United States. ``(3) Wages.--The term `wages' has the same meaning as when used in section 51. ``(4) Increased employment must be maintained for 4 years.-- ``(A) In general.--If for any taxable year in the employment maintenance period (hereafter in this paragraph referred to as the `redetermination year') the new employee wages with respect to any distribution are less than the new employee wages for the last taxable year of the reinvestment period with respect to such distribution, the taxpayer's tax imposed by this chapter for the redetermination year shall be increased by an amount equal to the adjusted recapture amount with respect to such distribution. ``(B) Adjusted recapture amount.--For purposes of subparagraph (A), the term `adjusted recapture amount' means an amount equal to the sum of-- ``(A) the excess (if any) of-- ``(i) the job creation shortfall percentage of the reduction in the taxpayer's liability for tax under this chapter which resulted from excluding such distribution from gross income under subsection (a) (determined for the redetermination year), over ``(ii) the amount determined under subsection (b)(2)(A) (increased by any prior increase in tax under this paragraph with respect to such distribution), plus ``(B) the aggregate amount of interest (determined in the manner provided in subsection (e)(4)) on the excess determined under subparagraph (A). ``(C) Employment maintenance period.--For purposes of this paragraph, the term `employment maintenance period' means any period of 4 consecutive taxable years selected by the taxpayer so long as at least 1 of such taxable years is during the reinvestment period. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified distribution.--The term `qualified distribution' means any distribution to the extent that the amount thereof reduces the amount includible in gross income under section 956A (relating to earnings invested in excess passive assets). ``(2) Reinvestment period.--The term `reinvestment period' means, with respect to any distribution received during a taxable year, such taxable year and the 4 succeeding taxable years. ``(3) United States shareholder; controlled foreign corporation.--The terms `United States shareholder' and `controlled foreign corporation' have the respective meanings given such terms by sections 951 and 957. ``(4) Rules relating to determination of interest.-- ``(A) In general.--The amount of interest referred to in subsections (b)(2), (c)(4), and (d)(3) for any taxable year shall be determined for the period-- ``(i) beginning on the due date for taxable year during which the distribution involved was made, and ``(ii) ending on the due date for the taxable year for which the increase in tax is being determined, by using the rates and method applicable under section 6621 for underpayment of tax for such period. ``(B) Due date.--For purposes of subparagraph (A), the term `due date' means the date prescribed by law (determined without regard to extensions) for filing the return of the tax imposed by this chapter for the taxable year. ``(C) Treatment of increase in tax attributable to interest as interest.--Any increase in tax imposed by this chapter for a taxable year by reason of this section to the extent attributable to an amount referred to in subsection (b)(2)(B), (c)(4)(A)(ii), or (d)(3)(B) shall be treated as interest paid under section 6601 on the due date for such taxable year. ``(5) Controlled Groups.--All taxpayers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer. ``(f) Basis Adjustment.-- ``(1) In general.--For purposes of this subtitle, the basis of any qualified property placed in service during any taxable year for which an amount was excluded from gross income under this section shall be reduced by an amount equal to such property's share of such exclusion (determined under subsection (c)(3)). ``(2) Certain dispositions.--If there is an increase in tax by reason of this section for any taxable year, proper adjustments shall be made under regulations prescribed by the Secretary with respect to any property the basis of which was reduced under paragraph (1).'' (b) Technical Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (24), by striking the period at the end of paragraph (25) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(26) to the extent provided in section 137(f).'' (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 137. Distributions from controlled foreign corporations which are invested in certain United States property or which are used to hire new employees in the United States. ``Sec. 138. Cross references to other Acts.'' (d) Effective Date.--The amendments made by this section shall apply to distributions received after the date of the enactment of this Act in taxable years ending after such date.", "summary": "Amends the Internal Revenue Code to exclude from the gross income of shareholders of controlled foreign corporations the amount of any distribution received from such corporation, if the shareholder meets the requirements for reinvestment in U.S. property or the creation of domestic jobs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Protection Act of 1997''. SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following: ``Sec. 926B. Carrying of concealed firearms by qualified current and former law enforcement officers ``(a) In General.--Notwithstanding any provision of the law of any State or any political subdivision of a State, an individual may carry a concealed firearm if that individual is-- ``(1) a qualified law enforcement officer or a qualified former law enforcement officer; and ``(2) carrying appropriate written identification. ``(b) Effect on Other Laws.-- ``(1) Common carriers.--Nothing in this section shall be construed to exempt from section 46505(B)(1) of title 49-- ``(A) a qualified law enforcement officer who does not meet the requirements of section 46505(D) of title 49; or ``(B) a qualified former law enforcement officer. ``(2) Federal laws.--Nothing in this section shall be construed to supersede or limit any Federal law or regulation prohibiting or restricting the possession of a firearm on any Federal property, installation, building, base, or park. ``(3) State laws.--Nothing in this section shall be construed to supersede or limit the laws of any State that-- ``(A) grant rights to carry a concealed firearm that are broader than the rights granted under this section; ``(B) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or ``(C) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. ``(4) Definitions.--In this section: ``(A) Appropriate written identification.--The term `appropriate written identification' means, with respect to an individual, a document that-- ``(i) was issued to the individual by the public agency with which the individual serves or served as a qualified law enforcement officer; and ``(ii) identifies the holder of the document as a current or former officer, agent, or employee of the agency. ``(B) Qualified law enforcement officer.--The term `qualified law enforcement officer' means an individual who-- ``(i) is presently authorized by law to engage in or supervise the prevention, detection, or investigation of any violation of criminal law; ``(ii) is authorized by the agency to carry a firearm in the course of duty; ``(iii) meets any requirements established by the agency with respect to firearms; and ``(iv) is not the subject of a disciplinary action by the agency that prevents the carrying of a firearm. ``(C) Qualified former law enforcement officer.-- The term `qualified former law enforcement officer' means, an individual who is-- ``(i) retired from service with a public agency, other than for reasons of mental disability; ``(ii) immediately before such retirement, was a qualified law enforcement officer with that public agency; ``(iii) has a nonforfeitable right to benefits under the retirement plan of the agency; ``(iv) was not separated from service with a public agency due to a disciplinary action by the agency that prevented the carrying of a firearm; ``(v) meets the requirements established by the State in which the individual resides with respect to-- ``(I) training in the use of firearms; and ``(II) carrying a concealed weapon; and ``(vi) is not prohibited by Federal law from receiving a firearm. ``(D) Firearm.--The term `firearm' means, any firearm that has, or of which any component has, traveled in interstate or foreign commerce.''. (b) Clerical Amendment.--The chapter analysis for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926A the following: ``926B. Carrying of concealed firearms by qualified current and former law enforcement officers.''. SEC. 3. AUTHORIZATION TO ENTER INTO INTERSTATE COMPACTS. (a) In General.--The consent of Congress is given to any 2 or more States-- (1) to enter into compacts or agreements for cooperative effort in enabling individuals to carry concealed weapons as dictated by laws of the State within which the owner of the weapon resides and is authorized to carry a concealed weapon; and (2) to establish agencies or guidelines as they may determine to be appropriate for making effective such agreements and compacts. (b) Reservation of Rights.--The right to alter, amend, or repeal this section is hereby expressly reserved by Congress.", "summary": "Law Enforcement Protection Act of 1997 - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification from State and local laws prohibiting the carrying of a concealed firearm. Consents to the formation of interstate compacts or agreements for cooperative efforts in enabling authorized individuals to carry concealed weapons."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Vehicles Incentive Act of 2015''. SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45S. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. ``(a) In General.--For purposes of section 38, in the case of an eligible business the clean-fuel credit determined under this section for the taxable year is the sum of-- ``(1) the clean-fuel property credit, plus ``(2) the clean-burning fuel use credit. ``(b) Clean-Fuel Property Credit.-- ``(1) In general.--The clean-fuel property credit is the sum of-- ``(A) qualified vehicle property costs, plus ``(B) qualified refueling property costs. ``(2) Qualified vehicle property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified vehicle property costs' means the amount paid or incurred by the eligible business for qualified clean-fuel vehicle property which is placed in service during the taxable year by the eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Limitation.--The amount which may be taken into account under subparagraph (A) with respect to any motor vehicle shall not exceed-- ``(i) $8,000, in the case of a motor vehicle with a gross vehicle weight rating of not more than 8,500 pounds, ``(ii) $20,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds, ``(iii) $40,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and ``(iv) $80,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 26,000 pounds. ``(C) Qualified clean-fuel vehicle property.--The term `qualified clean-fuel vehicle property' shall have the meaning given to such term by section 179A(c) (without regard to paragraphs (1)(A) and (3) thereof), except that such term does not include property that is a motor vehicle propelled by a fuel that is not a clean-burning fuel. ``(3) Qualified refueling property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified refueling property costs' means amounts paid or incurred by the eligible business for qualified clean-fuel vehicle refueling property (as defined by section 179A(d)) which is placed in service in a nonattainment area during the taxable year by the eligible business. ``(B) Limitation.-- ``(i) In general.--The aggregate cost which may be taken into account under subparagraph (A) with respect to qualified clean-fuel vehicle refueling property placed in service by the eligible business during the taxable year at a location shall not exceed the lesser of-- ``(I) $150,000, or ``(II) the cost of such property reduced by the amount described in clause (ii). ``(ii) Reduction for amounts previously taken into account.--For purposes of clause (i)(II), the amount described in this clause is the sum of-- ``(I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and ``(II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. ``(iii) Special rules.--For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. ``(c) Clean-Burning Fuel Use Credit.-- ``(1) In general.--For purposes of subsection (a), the clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible business during the taxable year to propel qualified clean-fuel vehicle property. ``(2) Clean-burning fuel.--For purposes of paragraph (1), the term `clean-burning fuel' has the meaning given to such term by section 179A, except that such term includes compressed natural gas and biodiesel (as defined by section 40A(d)(1)). ``(3) Gasoline gallon equivalent.--For purposes of paragraph (1), the term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(d) Other Definitions.--For purposes of this section-- ``(1) Eligible business.--The term `eligible business' means-- ``(A) a qualified business entity or a qualified proprietorship (as such terms are defined by section 1397C, determined by substituting `nonattainment area' for `empowerment zone' and `enterprise zone' each place it appears), and ``(B) a trade or business located outside of a nonattainment area, but only with respect to qualified clean-fuel vehicle property used substantially within a nonattainment area. ``(2) Nonattainment area.--The term `nonattainment area' shall have the meaning given to such term by section 171 of the Clean Air Act (42 U.S.C. 7501). ``(e) Denial of Double Benefit.--Except as provided in section 30B(d)(4), no credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(f) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) with respect to any property substantially all of the use of which is not in a nonattainment area.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(37) the clean-fuel credit determined under section 45S.''. (c) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection: ``(i) Zone Clean Fuels Expenses.--No deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45S.''. (d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph (B) of section 38(c)(4) of such Code (relating to specified credits) is amended by striking ``and'' at the end of clause (viii), by striking the period at the end of clause (ix) and inserting ``, and'', and by inserting after clause (ix) the following: ``(x) the credit determined under section 45S.''. (e) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding after paragraph (14) the following new paragraph: ``(15) the clean fuels credit determined under section 45S.''. (f) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45R the following new item: ``Sec. 45S. Clean-fuel credit with respect to businesses located in nonattainment areas.''. (g) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT AREAS. (a) In General.--Subsection (d) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Vehicles placed in service in nonattainment area after 2014.-- ``(A) In general.--No amount shall be allowed as a credit determined under this subsection for any taxable year beginning after 2014 with respect to a new qualified hybrid motor vehicle unless such vehicle is placed in service by an eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) by reason of subparagraph (A) with respect to any property substantially all of the use of which is not in a nonattainment area. ``(C) Phaseout not to apply.--For purposes of this subsection, subsection (f) shall not apply. ``(D) Definitions.--For purposes of this subsection, the terms `eligible business' and `nonattainment area' have the meanings given such terms by section 45S(d).''. (b) Extension of Credit for Hybrid Vehicles Placed in Service in Nonattainment Areas.--Paragraph (3) of section 30(k) of such Code is amended to read as follows: ``(3) in the case of a new qualified hybrid motor vehicle (as described in subsection (d)(2)(B))-- ``(A) December 31, 2009, and before January 1, 2015, or ``(B) December 31, 2014, and before January 1, 2020.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014.", "summary": "Clean Vehicles Incentive Act of 2015 Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and the use of clean-burning fuel. Allows a new qualified hybrid motor vehicle tax credit for hybrid motor vehicles placed in service after December 31, 2014, by an eligible business if substantially all of the use of the vehicle is in a nonattainment area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy for Homeland Security Act of 2004''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Commission.--The term ``Commission'' means the Homeland Security Strategy Commission established under section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (3) Strategy.--The term ``Strategy'' means the National Strategy for Homeland Security developed under this Act. SEC. 3. NATIONAL STRATEGY FOR HOMELAND SECURITY. (a) Development and Submission of Strategy.-- (1) Development.--The Secretary, under the direction of the President, and in collaboration with the Assistant to the President for Homeland Security and the Homeland Security Council, shall develop the National Strategy for Homeland Security for the detection, prevention, protection, response, and recovery with regard to terrorist threats to the United States. (2) Submission to congress.-- (A) Initial submission.--Not later than December 1, 2005, and not later than December 1st of each year in which a President is inaugurated, the Secretary shall submit the Strategy to Congress. (B) Biennial update.--Not later than 2 years after each submission of the Strategy under subparagraph (A), the Secretary shall submit to Congress an updated version of the Strategy. (C) Progress reports.--Each year, in conjunction with the President's budget request, the Secretary shall provide an assessment of progress on implementing the Strategy, including the adequacy of resources to meet the objectives of the Strategy, and recommendations to improve and implement the Strategy. (3) Classified material.--Any part of the Strategy that involves information that is properly classified under criteria established by Executive Order shall be submitted to Congress separately in classified form. (b) Coordination With the Assistant to the President for Homeland Security.--The Secretary shall seek the assistance of the Assistant to the President for Homeland Security and the Homeland Security Council to-- (1) coordinate the input of Federal departments and agencies outside the Department of Homeland Security, which have homeland security responsibilities; and (2) work with the Secretary on all aspects of the Strategy. (c) Contents.-- (1) In general.--The Strategy shall include-- (A) a comprehensive statement of purpose, mission, and scope; (B) threat, vulnerability, and risk assessment and analysis, including an analysis of the threats and vulnerabilities regarding critical infrastructure, assets, and operations and a description of the role of the Homeland Security Institute in conducting such risk assessments; (C) a statement of desired end-states, including a hierarchy of strategic goals and subordinate objectives, as well as specific activities for achieving results and specific priorities, milestones, and performance measures to monitor progress toward goals; (D) an assessment of necessary resources and investments to achieve strategic goals, including the types of necessary resources involved and resource allocation mechanisms; (E) a delineation of organizational roles and responsibilities across the many entities involved in homeland security efforts, including-- (i) the proper roles and responsibilities of State, local, private, and international sectors, and a designation of coordinating mechanisms; and (ii) other specific measures to enhance cooperative efforts between the Federal government and the sectors described in clause (i); and (F) an explanation of the relationship between the Strategy and other Federal strategies addressing terrorist threats, including how these strategies will be integrated, and details on subordinate strategies within the Department of Homeland Security regarding specific aspects of homeland security. (2) Additional contents.--In addition to the items listed in paragraph (1), the Strategy shall include-- (A) policies and procedures to maximize the collection, translation, analysis, exploitation, and dissemination of information relating to combating terrorism and the homeland security response throughout the Federal government, and with State and local authorities, and, as appropriate, the private sector; (B) plans for countering chemical, biological, radiological, nuclear and explosive, and cyber threats; (C) plans for the coordination with, and integration of, the capabilities and assets of the United States military into all aspects of the Strategy, as appropriate; (D) plans for improving the resources of, coordination among, and effectiveness of, health and medical sectors for preventing, detecting, and responding to terrorist attacks on the homeland; (E) measures needed to enhance transportation security with respect to potential terrorist attacks, including aviation and non-aviation modes of transportation; (F) measures, based on the risk assessments under paragraph (1)(B), to identify and prioritize the need for protective and support measures for critical infrastructure and plans to secure these key assets; (G) an assessment of the Nation's ability to prevent, respond to, and recover from threatened and actual domestic terrorist attacks, and measures to enhance such preparedness across all levels of government and the private sector; (H) measures to secure the Nation's borders from terrorist threats, including agroterror, while continuing to facilitate the flow of legitimate goods and visitors; (I) plans for identifying, prioritizing, and meeting research and development objectives to support homeland security needs; and (J) plans for addressing other critical homeland security needs. (d) Cooperation.--At the request of the Secretary or the Assistant to the President for Homeland Security, Federal agencies shall provide necessary information or planning documents relating to the Strategy. SEC. 4. NATIONAL HOMELAND SECURITY COMMISSION. (a) Establishment.--The Secretary shall establish a nonpartisan, independent commission to be known as the Homeland Security Commission. (b) Membership.-- (1) Composition.--The Commission shall be composed of 9 members, including a chair, who shall be appointed by the Secretary, in consultation with the chairman and ranking member of-- (A) the Committee on Governmental Affairs of the Senate; and (B) the Select Committee on Homeland Security of the House of Representatives. (2) Qualifications.--Members of the Commission appointed under paragraph (1)-- (A) shall be recognized experts in matters relating to the homeland security of the United States; and (B) shall not be officers or employees of the Federal Government. (3) Period of appointment.--Each member of the Commission shall be appointed to the Commission for an 18-month term, which shall begin on December 1, 2005. (4) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (5) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. A quorum is required to approve any report issued by the Commission, but a minority of members may submit an appendix to be included in such report. (c) Duties.--The Commission shall conduct an independent, alternative assessment of the optimal policies and programs to improve homeland security against terrorist threats, including, to the extent practicable, an estimate of the funding required each fiscal year to support such policies and programs. (d) Compensation.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day, including travel time, during which the member is engaged in the performance of the duties of the Commission. (e) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (f) Staff.-- (1) In general.--The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director (subject to Commission confirmation) and such other additional personnel as may be necessary to enable the Commission to perform its duties. (2) Compensation.--The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to the classification of positions and General Schedule pay rates, except that the rate of pay may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Personnel as federal employees.-- (A) In general.--The executive director and all employees of the Commission shall be employees under section 2015 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (B) Members of commission.--Subparagraph (A) shall not apply to members of the Commission. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (g) Administrative Provisions.-- (1) Use of mail and printing.--The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (2) Support services.--The Secretary shall furnish the Commission any administrative and support services requested by the Commission. (3) Gifts.--The Commission may accept and dispose of gifts or donations of services or property. (h) Payment of Commission Expenses.--The compensation, travel expenses, and per diem allowances of members and employees of the Commission shall be paid out of funds available to the Department for the payment of compensation, travel allowances and per diem allowances, respectively, of civilian employees of the Department. The other expenses of the Commission shall be paid out of funds available to the Department for the payment of similar expenses incurred by the Department. (i) Report.--Not later than December 1, 2006, the Commission shall submit, to the committees referred to under subsection (b)(1), a report that-- (1) describes the activities, findings, and recommendations of the Commission; and (2) provides recommendations for legislation that the Commission considers appropriate.", "summary": "National Strategy for Homeland Security Act of 2004 - Directs the Secretary of Homeland Security, under the direction of the President, to develop a National Strategy for Homeland Security for detection, prevention, protection, response, and recovery with regard to terrorist threats to the United States. Requires the Secretary to: (1) submit the Strategy to Congress by December 1st of each year in which a President is inaugurated and to submit an updated version two years thereafter; and (2) provide, in conjunction with the President's budget request, an annual assessment of progress on implementing the Strategy. Sets forth contents of the Strategy, including: (1) threat, vulnerability, and risk assessment and analysis; (2) a statement of desired end-states; (3) an assessment of necessary resources and investments; (4) a delineation of organizational roles and responsibilities across the many entities involved; and (5) an explanation of the relationship between the Strategy and other Federal strategies addressing terrorist threats. Directs the Secretary to establish a nonpartisan, independent Homeland Security Commission to conduct an alternative assessment of the optimal policies and programs to improve homeland security against terrorist threats, including an estimate of the funding required."}
{"article": "SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES. The second sentence of subsection (a) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415), is amended-- (1) by inserting ``lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon,'' after ``lands held in trust for the Cahuilla Band of Indians of California,''; and (2) by inserting ``the Cabazon Indian Reservation,'' after ``the Navajo Reservation,''. SEC. 2. GRAND RONDE RESERVATION ACT. Section 1(c) of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes,'' approved September 9, 1988 (102 Stat. 1594), is amended-- (1) by striking ``10,120.68 acres of land'' and inserting ``10,311.60 acres of land''; and (2) in the table contained in that subsection, by striking all after ``4 7 30 Lots 3, 4, SW\\1/4\\NE\\1/4\\, SE\\1/ 240'' 4\\NW\\1/4\\, E\\1/2\\SW\\1/4\\; through the end of the table, and inserting the following: ``6 8 1 N\\1/2\\SW\\1/4\\ 29.59 6 8 12 W\\1/2\\SW\\1/4\\NE\\1/4\\, SE\\1/4\\SW\\1/ 21.70 4\\NE\\1/4\\NW\\1/4\\, N\\1/2\\SE\\1/ 4\\NW\\1/4\\, N\\1/2\\SW\\1/4\\SW\\1/ 4\\SE\\1/4\\ 6 8 13 W\\1/2\\E\\1/2\\NW\\1/4\\NW\\1/4\\ 5.31 6 7 7 E\\1/2\\E\\1/2\\ 57.60 6 7 8 SW\\1/4\\SW\\1/4\\NW\\1/4\\, W\\1/2\\SW\\1/ 22.46 4\\ 6 7 17 NW\\1/4\\NW\\1/4\\, N\\1/2\\SW\\1/4\\NW\\1/ 10.84 4\\ 6 7 18 E\\1/2\\NE\\1/4\\ 43.42 ------------ Total 10,311.60'' SEC. 3. SAN CARLOS APACHE WATER RIGHTS SETTLEMENT. Section 3711(b) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (106 Stat. 4752) is amended by striking ``subsections (c) and (d) of section 3704'' inserting ``section 3704(d)''. SEC. 4. YUROK SETTLEMENT RECOGNITION. Section 4 of Public Law 98-458 (25 U.S.C. 1407) is amended-- (1) in paragraph (2), by striking ``or'' at the end; (2) in paragraph (3), by inserting ``or'' at the end; and (3) by inserting after paragraph (3) the following: ``(4) are distributed pursuant to-- ``(A) the judgment of the United States Claims Court (which was subsequently reorganized as the United States Court of Federal Claims) in Jesse Short et al. v. United States, 486 F2d. 561 (Ct. Cl. 1973); or ``(B) any other judgment of the United States Court of Federal Claims in favor of 1 or more individual Indians,''. SEC. 5. SELF-DETERMINATION CONTRACT CARRY-OVER EXPENDITURE AUTHORIZATION. Notwithstanding any other provision of law, any funds that were provided to the Ponca Tribe of Nebraska for any of the fiscal years 1992 through 1998 pursuant to a self-determination contract with the Secretary of Health and Human Services that the Ponca Tribe of Nebraska entered into under section 102 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f) that were retained by the Ponca Tribe of Nebraska to carry out programs and functions of the Indian Health Service may be used by the Ponca Tribe of Nebraska to purchase or build facilities for the health services programs of the Ponca Tribe of Nebraska. SEC. 6. NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT. Section 12 of the Navajo-Hopi Land Dispute Settlement Act (Public Law 104-301; 110 Stat. 3653) is amended-- (1) in subsection (a)(1)(C), in the first sentence, by inserting ``of surface water'' after ``on such lands''; and (2) in subsection (b), striking ``subsection (a)(3)'' both places it appears and inserting ``subsection (a)(1)(C)''. SEC. 7. TREATMENT OF CERTAIN DEMONSTRATION PROJECTS. (a) In General.--The Secretary of the Interior shall take such action as may be necessary to extend the terms of the projects referred to in section 512 of the Indian Health Care Improvement Act (25 U.S.C. 1660b) so that the term of each such project expires on October 1, 2002. (b) Amendment to Indian Health Care Improvement Act.--Section 512 of the Indian Health Care Improvement Act (25 U.S.C. 1660b) is amended by adding at the end the following: ``(c) In addition to the amounts made available under section 514 to carry out this section through fiscal year 2000, there are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2001 and 2002.''. SEC. 8. CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS RESERVATION ACT. Section 7(b) of the Coos, Lower Umpqua, and Siuslaw Restoration Act (Public Law 98-481, 98 Stat. 2253) is amended by adding at the end the following: ``(4) In Lane County, Oregon, a parcel described as beginning at the common corner to sections 23, 24, 25, and 26 township 18 south, range 12 west, Willamette Meridian; then west 25 links; then north 2 chains and 50 links; then east 25 links to a point on the section line between sections 23 and 24; then south 2 chains and 50 links to the place of origin, and containing .062 of an acre, more or less, situated and lying in section 23, township 18 south, range 12 west, of Willamette Meridian.''. SEC. 9. HOOPA VALLEY RESERVATION BOUNDARY ADJUSTMENT. Section 2(b) of the Hoopa Valley Reservation South Boundary Adjustment Act (25 U.S.C. 1300i-1 note) is amended-- (1) by striking ``north 72 degrees 30 minutes east'' and inserting ``north 73 degrees 50 minutes east''; and (2) by striking ``south 15 degrees 59 minutes east'' and inserting ``south 14 degrees 36 minutes east''. SEC. 10. CLARIFICATION OF SERVICE AREA FOR CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON. Section 2 of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of Siletz Indians of Oregon'', approved September 4, 1980 (94 Stat. 1073 and 1074), is amended-- (1) in the first sentence, by striking ``The Secretary'' and inserting ``(a) The Secretary''; and (2) by adding at the end the following: ``(b) Subject to the express limitations under sections 4 and 5, for purposes of determining eligibility for Federal assistance programs, the service area of the Confederated Tribes of the Siletz Indians of Oregon shall include Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties in Oregon.''. SEC. 11. MICHIGAN INDIAN LAND CLAIMS SETTLEMENT. Section 111 of the Michigan Indian Land Claims Settlement Act (111 Stat. 2665) is amended-- (1) by striking ``The eligibility'' and inserting the following: ``(b) Treatment of Funds for Purposes of Certain Federal Programs and Benefits.--The eligibility''; and (2) by inserting before subsection (b), as designated by paragraph (1) of this section, the following: ``(a) Treatment of Funds for Purposes of Income Taxes.--None of the funds distributed pursuant to this Act, or pursuant to any plan approved in accordance with this Act, shall be subject to Federal or State income taxes.''. SEC. 12. MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Authorization.--Section 711(h) of the Indian Health Care Improvement Act (25 U.S.C. 1665j(h)) is amended by striking ``for each'' and all that follows through ``2000,'' and inserting ``for each of fiscal years 1996 through 2000,''. (b) Reference.--Section 4(12)(B) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(12)(B)) is amended by striking ``Indian Self-Determination and Education Assistance Act of 1975'' and inserting ``Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)''. SEC. 13. TRANSFER OF WATER RIGHTS. The Jicarilla Apache Tribe Water Rights Settlement Act (106 Stat. 2237 et seq.) is amended by adding at the end the following: ``SEC. 12. TRANSFER OF WATER RIGHTS. ``(a) In General.--In accordance with the requirements of section 2116 of the Revised Statutes (25 U.S.C. 177), the transfer of water rights set forth in paragraph (5) of the stipulation and settlement agreement between the Jicarilla Apache Tribe and other parties to the case referred to in section 8(e)(1)(B)(ii), that was executed on October 7, 1997, is approved. ``(b) Effective Date.--The approval under subsection (a) shall become effective on the date of entry of a partial final decree by the court for the case referred to in that subsection that quantifies the reserved water rights claims of the Jicarilla Apache Tribe.''. SEC. 14. NATIVE HAWAIIAN HEALTH SCHOLARSHIP PROGRAM. (a) Eligibility.--Section 10(a)(1) of the Native Hawaiian Health Care Act of 1988 (42 U.S.C. 11709(a)(1)) is amended by striking ``meet the requirements of section 338A of the Public Health Service Act (42 U.S.C. 2541)'' and inserting ``meet the requirements of paragraphs (1), (3), and (4) of section 338A(b) of the Public Health Service Act (42 U.S.C. 254l(b))''. (b) Terms and Conditions.--Section 10(b)(1) of the Native Hawaiian Health Care Act of 1988 (42 U.S.C. 11709(b)(1)) is amended-- (1) in subparagraph (A), by inserting ``identified in the Native Hawaiian comprehensive health care master plan implemented under section 4'' after ``health care professional''; (2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (3) by inserting after subparagraph (A) the following: ``(B) the primary health services covered under the scholarship assistance program under this section shall be the services included under the definition of that term under section 12(8),''; (4) by striking subparagraph (D), as redesignated, and inserting the following: ``(D) the obligated service requirement for each scholarship recipient shall be fulfilled through the full-time clinical or nonclinical practice of the health profession of scholarship recipient, in an order of priority that would provide for practice-- ``(i) first, in any 1 of the 5 Native Hawaiian health care systems, and ``(ii) second, in-- ``(I) a health professional shortage area or medically underserved area located in the State of Hawaii, or ``(II) geographic area or facility that is-- ``(aa) located in the State of Hawaii, and ``(bb) has a designation that is similar to a designation described in subclause (I) made by the Secretary, acting through the Public Health Service,''; (5) in subparagraph (E), as redesignated, by striking the period and inserting a comma; and (6) by adding at the end the following: ``(F) the obligated service of a scholarship recipient shall not be performed by the recipient through membership in the National Health Service Corps, and ``(G) the requirements of sections 331 through 338 of the Public Health Service Act (42 U.S.C. 254d through 254k), section 338C of that Act (42 U.S.C. 254m), other than subsection (b)(5) of that section, and section 338D of that Act (42 U.S.C. 254n) applicable to scholarship assistance provided under section 338A of that Act (42 U.S.C. 254l) shall not apply to the scholarship assistance provided under subsection (a) of this section.''.", "summary": "Amends Federal law to authorize leases granted on lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon and on the Cabazon Indian Reservation in California to be for terms of up to 99 years. Makes technical amendments to specified laws relating to Native Americans. Exempts from Federal and State taxation funds distributed pursuant to the judgment in Jesse Short et al. v. United States or any other judgment of the U.S. Court of Federal Claims in favor of individual Indians and provides that such funds shall not be considered as resources for purposes of reducing benefits under the Social Security Act or, except for per capita shares exceeding $2,000, any Federal program. Authorizes any funds provided to the Ponca Tribe of Nebraska for any of FY 1992 through 1998 pursuant to a self-determination contract to carry out Indian Health Service programs to be used by the Tribe to purchase or build health service facilities. Requires the Secretary of the Interior to extend the terms of specified Indian health care demonstration projects at the Oklahoma City and Tulsa clinics in Oklahoma through FY 2002. Amends the Indian Health Care Improvement Act to extend the authorization of appropriations for such projects through FY 2002. Amends the Coos, Lower Umpqua, and Siuslaw Restoration Act to direct the Secretary of the Interior to accept additional Oregon lands in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians for a reservation. Includes certain counties in Oregon in the service area of the Confederated Tribes of the Siletz Indians for purposes of determining eligibility for Federal assistance programs. Amends the Michigan Indian Land Claims Settlement Act to exempt all funds distributed under such Act from Federal or State income taxes. Amends the Jicarilla Apache Tribe Water Rights Settlement Act to approve a specified transfer of water rights between the Jicarilla Apache Tribe and other parties. Amends the Native Hawaiian Health Care Act of 1988 to revise conditions pertaining to Native Hawaiian health scholarships."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Art-in-Architecture Act of 1993''. SEC. 2. PURPOSE. Congress finds that Federal buildings, through the integration of permanent works of art with architecture, should engage and represent the diverse social, cultural, and historic characteristics of the communities in which the Federal buildings are located and serve. SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the General Services Administration or a designee of the Administrator. (2) Agency fine arts officer.--The term ``agency fine arts officer'' means the General Services Administration official with technical and professional agencywide oversight responsibility for the fine arts programs of the agency. (3) Artist.--The term ``artist'' means any individual, partnership, corporation, association, or other entity that creates a work of art. (4) Work of art.--The term ``work of art'' includes a painting, sculpture, work on paper, literary or poetic inscription, large-scale crafts (such as mosaics, ceramics, and tapestries), environmental art, or architectural art integrated into a building. A work of art is one that exists only in a single copy unless the Federal Government has given the artist written permission to fabricate actual size reproductions. (5) Federal building.--The term ``Federal building'' means any public building, along with the grounds, approaches, and appurtenances of the building, under the jurisdiction of the Administrator, that attracts, or is expected to attract, significant public use. (6) Project.--The term ``project'' means an existing or new building and site, including the art project, and all repair and alteration construction relating to a building. (7) Art project.--The term ``art project'' means the commissioning of works of art by the Administrator. (8) Art project funding.--The term ``art project funding'' means the total funds allocated to a project for commissioning a work of art. (9) Community representatives.--The term ``community representatives'' includes art professionals or members of the lay public invited or in attendance at art project meetings held by the Administrator to solicit comments on a proposed art project. SEC. 4. COMMISSION AND CONTRACTS FOR WORKS OF ART. (a) Art Funding for New Buildings.-- (1) In general.--Except as provided in subsection (b), not less than \\1/2\\ of 1 percent of the funds made available for new construction, building purchase, acquisition, or prospectus-level repair and alteration projects shall be made available for art projects for the building. (2) Increase in amount.--The Administrator may increase the percentage amount specified in paragraph (1) for a project warranting more artwork, such as a building with exceptional public space whose architectural character and scale would accommodate and be significantly enhanced by large-scale, high- quality artwork. (3) Exception.--The Administrator may decrease the percentage amount specified in paragraph (1), specifying reasons for decreasing the amount, for a project warranting less artwork such as-- (A) a building with little or no public use or access; or (B) a building with sufficient previously acquired artwork. (b) Planning.--The preliminary planning and design of each new Federal building shall include planning for art commissions. (c) Commissioning.-- (1) Authority.--The Administrator shall commission works of art by living American artists to be placed in Federal buildings. (2) Amount of commission.--The commission award shall be based on a fixed price. (3) Selection.--In commissioning works of art, the Administrator shall select artists based upon-- (A) the artistic merit of the previous work of the artist; (B) the estimated value of the proposed work of art, and the scope, complexity, and professional nature of the work of art; (C) the artistic media; (D) the social, cultural, and aesthetic judgments of the local and regional community; (E) the interest in giving expression to the vitality and diversity of American life; and (F) the professional review of the agency fine arts officer. (d) Procedures.-- (1) Establishment of procedures.--The Administrator shall establish such procedures as are necessary to commission works of art, with an emphasis on the participation of community representatives. (2) Failure to negotiate contract.--If the Administrator is unable to negotiate a satisfactory contract with the selected artist, negotiations shall be terminated. The Administrator should undertake negotiations with alternate artists in order of merit. (3) Exemption from federal property and administrative services act.--Commissioning of art under this Act shall not be subject to title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (4) Publicity.--The Administrator shall publicize each prospective art project and shall give artists a reasonable period of time to respond for consideration. (e) Maintenance of Artwork.--The Administrator shall provide for necessary services to maintain and preserve the works of art in a state of high quality. (f) Registry of Portfolios.--The agency fine arts officer shall maintain a registry of portfolios and statements of qualifications for artists interested in being considered for art projects.", "summary": "Art-in-Architecture Act of 1993 - Requires at least one half of one percent of funds made available for new construction, building purchase, acquisition, or prospectus-level repair and alteration projects to be made available for art projects for each Federal building, except when the Administrator of the General Services Administration or a designee may increase or decrease that percentage under specified conditions. Requires the preliminary planning and design of each new Federal building to include planning for art commissions. Directs the Administrator to commission works of art by living American artists to be placed in Federal buildings. Sets forth requirements for commission amount, selection standards, procedures, artwork maintenance, and registry of portfolios."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Self-Reliance for the World's Poorest Act of 2002''. SEC. 2. REAUTHORIZATION OF MICROENTERPRISE ASSISTANCE PROGRAMS. (a) Micro- and Small Enterprise Development Credits.--Section 108(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151f(f)(1)) is amended by inserting ``and $2,000,000 for each of the fiscal years 2003 through 2006'' after ``$1,500,000 for each of fiscal years 2001 and 2002''. (b) Microenterprise Development Grant Assistance.--Section 131(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(d)) is amended by inserting ``and $200,000,000 for each of the fiscal years 2003 through 2006'' after ``$155,000,000 for each of the fiscal years 2001 and 2002''. SEC. 3. POVERTY MEASUREMENT METHODS UNDER MICROENTERPRISE ASSISTANCE PROGRAMS. (a) In General.--Section 131(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(b)) is amended-- (1) in paragraph (3)-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``targeted to very poor entrepreneurs'' in the first sentence and inserting ``obligated and expended in support of programs or services under which 50 percent or more of the clients are initially very poor''; and (ii) by adding at the end of the first sentence before the period the following: ``or as those living on the equivalent of less than $1 per day (as determined by the World Bank)''; and (B) in subparagraph (A)(i), by striking ``entrepreneurs'' and inserting ``clients''; and (2) by adding at the end the following: ``(6) Poverty measurement methods.--(A) The Administrator of the United States Agency for International Development shall, in consultation with appropriate microfinance and microenterprise institutions, develop methods to measure the level of poverty of clients of sustainable poverty-focused microenterpise programs under paragraph (1). ``(B) In developing poverty measurement methods under subparagraph (A), the Administrator shall-- ``(i) utilize cost-efficient sampling methods as opposed to full census methods, using criteria that correlate with characteristics of either those individuals living in the bottom 50 percent below the official poverty line (as established by the national government of the country) or those individuals living on less than $1 per day (as determined by the World Bank), including criteria such as the availability of the basic necessities of life (including nutritious food, climate-appropriate clothing and shelter, and clean water); ``(ii) utilize cost-efficient sampling methods that are appropriate for application by microfinance and microenterprise institutions on an annual basis; and ``(iii) give priority to methods already in use by practitioner institutions that meet the criteria in clauses (i) and (ii), including measures of loan size. ``(C) The Administrator-- ``(i) shall implement interim poverty measurement methods in accordance with this paragraph-- ``(I) with respect to not less than 25 sustainable poverty-focused programs by September 30, 2002; and ``(II) with respect to not less than 40 sustainable poverty-focused programs by September 30, 2003; and ``(ii) shall implement final poverty measurement methods in accordance with this paragraph not later than September 30, 2004. ``(D) In carrying out subparagraph (C)(i), the Administrator shall ensure that the programs described in such subparagraph are equitably distributed among the various countries and regions of the world. ``(E) As of October 1, 2004, grant assistance to a program or service under this subsection shall qualify in whole or in part as targeted assistance to the very poor under paragraph (3) if one of the approved final measurement methods verifies that at least 50 percent of the clients of the program or service are among the very poor as described in paragraph (3).''. (b) Report.--Not later than July 1, 2004, the Administrator of the United States Agency for International Development shall submit to Congress a report that contains-- (1)(A) a description of the interim poverty measurement methods implemented in accordance with section 131(b)(6)(C)(i) of the Foreign Assistance Act of 1961, as added by subsection (a); and (B) an analysis of the results of the application of such poverty measurement methods to sustainable poverty-focused programs under such section; and (2) a description of the proposed final poverty measurement methods to be implemented not later than September 30, 2004, in accordance with section 131(b)(6)(C)(ii) of such Act.", "summary": "Promoting Self-Reliance for the World's Poorest Act of 2002 - Amends the Foreign Assistance Act of 1961 to reauthorize sustainable poverty-focused microenterprise assistance programs through micro- and small enterprise development credits and microenterprise development grants for developing countries.Revises certain requirements with respect to such programs to require 50 percent of all microenterprise resources to be obligated and expended in support of programs or services under which 50 percent or more of the clients are initially very poor, that is, those persons living in the bottom 50 percent below the poverty line or those living on the equivalent of less than $1 per day. Requires the Administrator of the United States Agency for International Development (AID) to develop and implement certain interim methods to measure the level of poverty of clients of sustainable poverty-focused microenterprise programs under the Act."}
{"article": ".--(1) For purposes of subsection (a)(2) and this subsection, the term `joint resolution' means only a joint resolution introduced by a qualifying Member specified in paragraph (2) after the date on which the report of the President under subsection (a)(1) is received by the Congress-- ``(A) the matter after the resolving clause of which is as follows: `That the Congress hereby concurs in the certification of the President relating to deployment of a National Missile Defense system as submitted to Congress pursuant to section 4(b) of the National Missile Defense Act of 1999.'; ``(B) which does not have a preamble; and ``(C) the title of which is as follows: `Joint resolution relating to deployment of a National Missile Defense system.'. ``(2) For purposes of this subsection, a qualifying Member described in this paragraph is-- ``(A) in the case of the House of Representatives, the majority leader or minority leader of the House of Representatives or a Member of the House of Representatives designated by the majority leader or minority leader; and ``(B) in the case of the Senate, the majority leader or minority leader of the Senate or a Member of the Senate designated by the majority leader or minority leader. ``(3) The provisions of paragraphs (3) through (8) of section 4(c) of the National Missile Defense Deployment Criteria Act of 2001 shall apply to a joint resolution under this subsection in the same manner as to a joint resolution under such section.''. SEC. 4. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT FOR NATIONAL MISSILE DEFENSE SYSTEM. (a) Limitation.--No funds appropriated to the Department of Defense for procurement may be obligated for the National Missile Defense system unless-- (1) the President submits to Congress a report concerning testing of the National Missile Defense system against countermeasures that includes a certification described in subsection (b); and (2) a joint resolution concurring in the President's certification in such report is enacted as provided for in this section. (b) Presidential Certification.--A certification described in this subsection is a certification by the President that-- (1) an adequate testing program for the National Missile Defense system is in place to meet the threats identified in the report required under section 3(c); (2) adequate ground and flight testing of the system has been conducted against the countermeasures that are likely to be used against the system and that other countries have or likely could acquire. (c) Expedited Procedures for Joint Resolution.--(1) For purposes of subsection (a)(2) and this subsection, the term ``joint resolution'' means only a joint resolution introduced by a qualifying Member specified in paragraph (2) after the date on which the report of the President under subsection (a)(1) is received by the Congress-- (A) the matter after the resolving clause of which is as follows: ``That the Congress hereby concurs in the determination of the President relating to the establishment of a program for operationally realistic testing against countermeasures for a National Missile Defense system as submitted to Congress pursuant to section 4 of the National Missile Defense Deployment Criteria Act of 2001.''; (B) which does not have a preamble; and (C) the title of which is as follows: ``Joint resolution relating to establishment of a program for operationally realistic testing against countermeasures for a National Missile Defense system.''. (2) For purposes of this subsection, a qualifying Member described in this paragraph is-- (A) in the case of the House of Representatives, the majority leader or minority leader of the House of Representatives or a Member of the House of Representatives designated by the majority leader or minority leader; and (B) in the case of the Senate, the majority leader or minority leader of the Senate or a Member of the Senate designated by the majority leader or minority leader. (3) If a committee to which is referred a joint resolution described in paragraph (1) has not reported such joint resolution by the end of 60 legislative days of continuous session of Congress beginning on the date of its introduction, such committee shall be discharged from further consideration of such joint resolution and such joint resolution shall be placed on the appropriate calendar of the House involved. (4)(A) A joint resolution described in paragraph (1) shall be considered in the House of Representatives in accordance with this paragraph. When the committee to which such a joint resolution was referred has reported, or has been discharged from further consideration of, the joint resolution, it shall be in order, on or after the third calendar day thereafter (excluding Saturdays, Sundays, or legal holidays, except when the House of Representatives is in session on such a day) for any Member of the House to move to proceed to the consideration of the joint resolution, but only on the day after the calendar day on which the Member announces to the House the Member's intention to do so. Such motion is privileged and is not debatable. The motion is not subject to amendment or to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the House shall immediately proceed to consideration of the joint resolution, which shall remain the unfinished business of the House until disposed of. (B) Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than two hours, which shall be divided equally between those favoring and those opposing the joint resolution. An amendment to the joint resolution is not in order. A motion further to limit debate is in order and is not debatable. A motion to table, a motion to postpone, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. (C) Appeals from the decisions of the Chair with respect to the procedure relating to a joint resolution described in paragraph (1) shall be decided without debate. (5) A joint resolution described in paragraph (1) shall be considered in the Senate in accordance with the provisions of section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. (6) If, before the passage by one House of a joint resolution of that House described in paragraph (1), that House receives from the other House a joint resolution described in paragraph (1), then the following procedures shall apply: (A) The joint resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a joint resolution described in paragraph (1) of the House receiving the joint resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (ii) the vote on final passage shall be on the joint resolution of the other House. (C) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. (7) In the computation of the period of 60 days referred to in paragraph (3)-- (A) a legislative day, with respect to a committee of either House to which a joint resolution was referred, is a calendar day on which that House is in session; and (B) continuity of session of Congress is broken only by an adjournment sine die at the end of the second session of a Congress. (8) The provisions of this subsection are enacted by the Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and, as such, shall be considered as part of the rules of either House and shall supersede other rules only to the extent they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change the rules so far as they relate to the procedures of that House at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. OPERATIONALLY REALISTIC TESTING AGAINST COUNTERMEASURES FOR NATIONAL MISSILE DEFENSE. (a) Testing Requirements.--The Secretary of Defense shall direct the Ballistic Missile Defense Organization-- (1) to include in the ground and flight testing of the National Missile Defense system that is conducted before the system becomes operational any countermeasures (including decoys) that-- (A) are likely, or at least realistically possible, to be used against the system; and (B) are chosen for testing on the basis of what countermeasure capabilities a long-range missile could have and is likely to have, taking into consideration the technology that the country deploying the missile would have or could likely acquire; and (2) to determine the extent to which the exoatmospheric kill vehicle and the National Missile Defense system can reliably discriminate between warheads and such countermeasures. (b) Funding Requirements.--The Secretary, in consultation with the Director of the Ballistic Missile Defense Organization, shall-- (1) determine the amount of additional funding, if any, for the National Missile Defense system (in addition to that previously programmed) that may be necessary for the Secretary to fulfill the requirements set forth in subsection (a) in fiscal years after fiscal year 2002; and (2) submit that determination to the congressional defense committees at the same time that the President submits the budget for fiscal year 2003 to Congress under section 1105(a) of title 31, United States Code. (c) Report by Secretary of Defense.--(1) The Secretary of Defense shall submit to Congress, not later than April 15 each year, an annual report on the Department's efforts to establish a program for operationally realistic testing of the National Missile Defense system against countermeasures. The report shall be submitted in both classified and unclassified form. (2) Each such report shall include the Secretary's assessment of the following: (A) The countermeasures available to foreign countries with ballistic missiles that the National Missile Defense system could encounter in a launch of such missiles against the United States. (B) The ability of the National Missile Defense system to defeat such countermeasures, including the ability of the system to discriminate between countermeasures and reentry vehicles. (C) The plans to demonstrate the capability of the National Missile Defense system to defeat such countermeasures and the adequacy of the ground and flight testing to demonstrate that capability. (3) No annual report is required under this subsection after the National Missile Defense system becomes operational. (d) Independent Review Panel.--(1) The Secretary of Defense shall seek to arrange for the National Academy of Science to establish an independent panel to be composed of scientific and technical experts. (2) The Panel shall assess the following: (A) The countermeasures available for use against the United States National Missile Defense system. (B) The operational effectiveness of that system against those countermeasures. (C) The adequacy of the National Missile Defense flight testing program to demonstrate the capability of the system to defeat the countermeasures. (3) After conducting the assessment required under paragraph (2), the Panel shall evaluate-- (A) whether sufficient ground and flight testing of the system will have been conducted before the system becomes operational to support the making of a determination, with a justifiably high level of confidence, regarding the operational effectiveness of the system; (B) whether adequate ground and flight testing of the system will have been conducted, before the system becomes operational, against the countermeasures that are likely, or at least realistically possible, to be used against the system and that other countries have or likely could acquire; and (C) whether the exoatmospheric kill vehicle and the rest of the National Missile Defense system can reliably discriminate between warheads and such countermeasures. (4) Not later than April 15 each year, the Panel shall submit to the Secretary of Defense and to Congress a report on its assessments and evaluations. The report shall include any recommendations for improving the flight testing program for the National Missile Defense system or the operational capability of the system to defeat countermeasures that the Panel determines appropriate. (e) Countermeasure Defined.--In this section, the term ``countermeasure''-- (1) means any deliberate action taken by a country with long-range ballistic missiles to defeat or otherwise counter a United States National Missile Defense system; and (2) includes, among other actions-- (A) use of a submunition released by a ballistic missile soon after the boost phase of the missile; (B) use of anti-simulation, together with such decoys as Mylar balloons, to disguise the signature of the warhead; and (C) use of a shroud cooled with liquid nitrogen to reduce the infrared signature of the warhead.", "summary": "National Missile Defense Deployment Criteria Act of 2001 - Amends the National Missile Defense Act of 1999 to allow deployment of a national missile defense system (system) only if: (1) the system is technologically feasible; (2) system cost in relation to other Department of Defense (DOD) priorities will not lead to an overall reduction in national security by reducing resources available for other defense priorities; (3) the system will not diminish overall U.S. national security; (4) the system will not threaten to disrupt relations with U.S. nuclear allies, U.S. European allies, Russia, the People's Republic of China, and other nations; and (5) the threat of a long-range ballistic missile attack from a nation of concern is clearly demonstrated.Prohibits the President from directing DOD to deploy a system unless and until: (1) the President certifies to Congress that the above deployment conditions have been met; and (2) a joint resolution is enacted concurring in the President's certification.Prohibits DOD procurement funds from being obligated for a system unless: (1) the President certifies to Congress that adequate system tests have been undertaken to meet identified threats against countermeasures; and (2) a joint resolution is enacted concurring in the President's certification.Requires the Secretary of Defense to direct the Ballistic Missile Defense Organization to: (1) include specified system countermeasures in system ground and flight testing conducted before the system becomes operational; and (2) determine the extent to which the exoatmospheric kill vehicle and the system can reliably discriminate between warheads and such countermeasures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Yukon-Arctic International Wildlife Refuge Act''. SEC. 2. ESTABLISHMENT OF INTERNATIONAL WILDLIFE REFUGE AREA. (a) Establishment.-- (1) In general.--Effective as of the date the conditions described in subsection (b) are met, there is established an international wildlife refuge area to be known as the ``Northern Yukon-Arctic International Wildlife Refuge'', which shall include the entire Arctic National Wildlife Refuge administered under the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.). (2) Purposes of establishment.--The Northern Yukon-Arctic International Wildlife Refuge is established-- (A) for the purpose of permanently commemorating the long-existing relationship of peace and good will between the people and Governments of Canada and the United States; (B) for the purpose of permanently protecting in an undisturbed condition the only remaining complete spectrum of Arctic ecosystems in North America; (C) in fulfillment of the serious responsibility of humans as stewards of the land, the resources of the land, and the life that depends on the land; (D) for the purpose of permanently protecting all wild bird resources native to North America that are in an unconfined state and that are protected under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), including-- (i) ducks, geese, and swans of the family Anatidae; (ii) bird resources listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (iii) birds that are nongame fish and wildlife (as defined in section 3(6) of the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2902(6))); and (iv) wetlands listed as protected under the Convention on Wetlands of International Importance, Especially as Waterfowl Habitat, done at Ramsar on February 2, 1971 (TIAS 11084); (E) for the purpose of maintaining a commitment to the permanent protection of marine mammals, including-- (i) seals, walruses, and whales, and the Beaufort Sea population of polar bears that are protected under the Agreement on the Conservation of Polar Bears, done at Oslo on November 15, 1973 (27 U.S.T. 3918); and (ii) mammals listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (F) for the purpose of maintaining a commitment to the principles of caribou management as prescribed under the Agreement on the Conservation of the Porcupine Caribou Herd, signed at Ottawa on July 17, 1987 (TIAS 11259); (G) for the purpose of continued international cooperation and commitment to the protection of marine and anadromous fish species that inhabit the coastal waters of the Beaufort Sea, whose nearshore waters and brackish lagoon system provide for the fish-- (i) eastward and westward migration routes; (ii) feeding areas; and (iii) important spawning and overwintering areas; and (H) for the purpose of continuing the opportunity, consistent with sound management principles, for subsistence uses by-- (i) rural residents of Alaska, including Alaska Natives and other individuals, of public lands; and (ii) Alaska Natives of native lands that are essential to native physical, economic, traditional, and social existence; which uses should cause the least adverse impact practicable on other rural residents who depend on subsistence uses of the resources of the lands. (b) Conditions.--The establishment of the Northern Yukon-Arctic International Wildlife Refuge and the inclusion in the refuge of the Arctic National Wildlife Refuge shall become effective upon-- (1) the enactment by the proper authority of the Government of Canada of a provision similar to this Act concerning the Northern Yukon National Park in or near the Yukon Territory, Canada; and (2) the issuance of a proclamation by the President declaring that such an enactment by the Government of Canada has taken place. SEC. 3. ADMINISTRATION. For the purposes of administration and appropriations, the United States portion of the Northern Yukon-Arctic International Wildlife Refuge shall continue to be administered under the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.", "summary": "Northern Yukon-Arctic International Wildlife Refuge Act - Establishes the Northern Yukon-Arctic International Wildlife Refuge. Declares that the United States portion of the Refuge shall be administered under the National Wildlife Refuge System Administration Act of 1966. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Children's Immunization Assistance Act''. SEC. 2. EMERGENCY SHELTER GRANTS PROGRAM. (a) Definition.--Section 411 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11371) is amended by adding at the end the following new paragraph: ``(11) The term `child immunization' means immunization of children who have not attained the age of 6 years, in accordance with recommendations issued by the Surgeon General of the Public Health Service.''. (b) Eligible Activities.--Section 414(a) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11374(a)) is amended by adding at the end the following new paragraph: ``(5) The provision of services relating to child immunization, as follows: ``(A) Providing transportation for children occupying facilities assisted under this subtitle to locations where child immunization is available. ``(B) Providing information and counseling to families occupying such facilities regarding the benefits and availability of child immunization. ``(C) Providing child immunization for children occupying such facilities at the facility (subject to the limitations under paragraph (2)) or coordinating and arranging for child immunization at the facility. Any assistance used for the purposes under this paragraph shall be considered to have been used for activities under paragraph (2) for purposes of the limitation under paragraph (2)(B).''. (c) Requirements To Assist in Obtaining Child Immunizations.-- Section 415 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11375) is amended-- (1) in subsection (c)(3)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of children who have not attained the age of 6 years and occupy a facility assisted under this subtitle, immunizations (to the extent that such children have not been immunized in accordance with recommendations issued by the Surgeon General of the Public Health Service); and''; and (2) by adding at the end the following new subsection: ``(f) Determination of Immunization Record of Children Occupying Facilities.--For any child who has not attained the age of 6 and is occupying a facility assisted under this subtitle, not later than 60 days after such initial occupancy the recipient of such assistance shall-- ``(1) make reasonable efforts to obtain from the family of such child or the appropriate State or local health agency information sufficient to determine whether the child has been immunized in accordance with recommendations issued by the Surgeon General of the Public Health Service; and ``(2) for any child that has not been so immunized or for which insufficient information is available to determine whether the child has been so immunized, provide the family of the child with information regarding the benefits and availability of child immunization.''. SEC. 3. TRANSITIONAL HOUSING UNDER SUPPORTIVE HOUSING PROGRAM. (a) Definition.--Section 422 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11382) is amended-- (1) by redesignating paragraphs (2) through (14) as paragraphs (3) through (15), respectively; and (2) by inserting after paragraph (1) the following new paragraph: ``(2) The term `child immunization' means immunization of children who have not attained the age of 6 years, in accordance with recommendations issued by the Surgeon General of the Public Health Service.''. (b) Requirement To Assist in Obtaining Child Immunizations.-- Section 425 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11385) is amended-- (1) by striking subsection (b) and inserting the following new subsection: ``(b) Requirements.-- ``(1) In general.--Supportive services provided in connection with a project shall address the special needs of individuals (such as homeless persons with disabilities and homeless families with children) intended to be served by a project. ``(2) Determination of immunization record of children occupying transitional housing.--For any child who has not attained the age of 6 and is occupying a project that is transitional housing, not later than 60 days after such initial occupancy the recipient of such assistance shall-- ``(A) make reasonable efforts to obtain from the family of such child or the appropriate State or local health agency information sufficient to determine whether the child has been immunized in accordance with recommendations issued by the Surgeon General of the Public Health Service; and ``(B) for any child that has not been so immunized or for which insufficient information is available to determine whether the child has been so immunized, provide the family of the child with information regarding the benefits and availability of child immunization.''. (c) Eligible Services.--Section 425(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11385(c)) is amended by striking ``and (G)'' and inserting the following: ``(G) providing (i) transportation for children occupying projects that are supportive housing to locations where child immunization is available, (ii) information and counseling to families occupying such projects regarding the benefits and availability of child immunization, and (iii) child immunization for children occupying such projects at the project or coordinating and arranging for the provision of such services at the project, and (H)''. (d) Required Agreements.--Section 426(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11386(c)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: ``(7) in the case of any project that is supportive housing, to assist children who have not attained the age of 6 years and occupy the project to obtain immunizations (to the extent that such children have not been immunized in accordance with recommendations issued by the Surgeon General of the Public Health Service); and''.", "summary": "Homeless Children's Immunization Assistance Act - Amends the Stewart B. McKinney Homeless Assistance Act to require operators of specified emergency shelters and transitional housing to determine the immunization status of children under the age of six years old occupying such housing."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bright Idea Act of 2007''. SEC. 2. TECHNICAL STANDARDS FOR GENERAL SERVICE LAMPS. (a) In General.-- (1) Establishment of standards.--As soon as practicable after the date of enactment of this Act, the Secretary of Energy shall initiate a project to establish technical standards for general service lamps. (2) Consultation with interested parties.--In carrying out the project, the Secretary shall consult with representatives of environmental organizations, labor organizations, general service lamp manufacturers, consumer organizations, and other interested parties. (3) Minimum initial standards; deadline.--The initial technical standards established shall be standards that enable those general service lamps to provide levels of illumination equivalent to the levels of illumination provided by general service lamps generally available in 2007, but with-- (A) a lumens per watt rating of not less than 30 by calendar year 2013; and (B) a lumens per watt rating of not less than 45 by calendar year 2018. (b) Manufacture and Distribution in Interstate Commerce.--If the Secretary of Energy, after consultation with the interested parties described in subsection (a)(2), determines that general service lamps meeting the standards established under subsection (a) are generally available for purchase throughout the United States at costs that are substantially equivalent (taking into account useful life, lifecycle costs, domestic manufacturing capabilities, energy consumption, and such other factors as the Secretary deems appropriate) to the cost of the general service lamps they would replace, then the Secretary shall take such action as may be necessary to require that at least 95 percent of general service lamps sold, offered for sale, or otherwise made available in the United States meet the standards established under subsection (a), except for those general service lamps described in subsection (c). (c) Exception.--The standards established by the Secretary under subsection (a) shall not apply to general service lamps used in applications in which compliance with those standards is not feasible, as determined by the Secretary. (d) Revised Standards.--After the initial standards are established under subsection (a), the Secretary shall consult periodically with the interested parties described in subsection (a)(2) with respect to whether those standards should be changed. The Secretary may change the standards, and the dates and percentage of lamps to which the changed standards apply under subsection (b), if after such consultation the Secretary determines that such changes are appropriate. (e) Report.--The Secretary shall submit reports periodically to the Senate Committee on Commerce, Science, and Technology, the Senate Committee on Energy and Natural Resources, and the House of Representatives Committee on Energy and Commerce with respect to the development and promulgation of standards for lamps and lamp-related technology, such as switches, dimmers, ballast, and non-general service lighting, that includes the Secretary's findings and recommendations with respect to such standards. SEC. 3. RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--The Secretary of Energy may carry out a lighting technology research and development program-- (1) to support the research, development, demonstration, and commercial application of lamps and related technologies sold, offered for sale, or otherwise made available in the United States; and (2) to assist manufacturers of general service lamps in the manufacturing of general service lamps that, at a minimum, achieve the lumens per watt ratings described in section 2(a). (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2008 through 2013. (c) Sunset.--The program under this section shall terminate on September 30, 2015. SEC. 4. CONSUMER EDUCATION PROGRAM. (a) In General.--The Secretary of Energy, in consultation with the Commissioner of the Federal Trade Commission, shall carry out a comprehensive national program to educate consumers about the benefits of using light bulbs that have improved efficiency ratings. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2008 through 2014. SEC. 5. REPORT ON MERCURY USE AND RELEASE. Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in cooperation with the Administrator of the Environmental Protection Agency, shall submit to Congress a report describing recommendations relating to the means by which the Federal Government may reduce or prevent the release of mercury during the manufacture, transportation, storage, or disposal of light bulbs. SEC. 6. REPORT ON LAMP LABELING. Not later than 1 year after the date of enactment of this Act, the Commissioner of the Federal Trade Commission, in cooperation with the Administrator of the Environmental Protection Agency and the Secretary of Energy, shall submit to Congress a report describing current lamp labeling practices by lamp manufacturers and recommendations for a national labeling standard.", "summary": "Bright Idea Act of 2007 - Directs the Secretary of Energy to establish technical standards for general service lamps that provide levels of illumination equivalent to those provided by lamps generally available in 2007, but with a lumens per watt rating of at least: (1) 30 by calendar 2013; and (2) 45 by calendar 2018. Authorizes the Secretary to: (1) carry out a lighting technology research and development program regarding lamps and related technologies made available in the United States; and (2) assist manufacturers in the manufacturing of general service lamps that achieve the lumens per watt ratings prescribed by this Act. Instructs the Secretary to: (1) implement a national program consumer education program about the benefits of using light bulbs with improved efficiency ratings; and (2) report to Congress recommendations regarding the means by which the federal government may reduce or prevent the release of mercury during the manufacture, transportation, storage, or disposal of light bulbs. Directs the Commissioner [sic] of the Federal Trade Commission (FTC) to report to Congress regarding current lamp labeling practices by lamp manufacturers, with recommendations for a national labeling standard."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Traveler Redress Improvement Act of 2017''. SEC. 2. IMPLEMENTATION OF REDRESS PROCESS AND REVIEW OF THE TRANSPORTATION SECURITY ADMINISTRATION'S INTELLIGENCE- BASED SCREENING RULES FOR AVIATION SECURITY. (a) Redress Process.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall, using existing resources, systems, and processes, ensure the availability of the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) redress process to adjudicate inquiries for individuals who-- (A) are citizens of the United States or aliens lawfully admitted for permanent residence; (B) have filed an inquiry with DHS TRIP after receiving enhanced screening at an airport passenger security checkpoint more than 3 times in any 60-day period; and (C) believe they have been wrongly identified as being a threat to aviation security. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the implementation of the redress process required under paragraph (1). (b) Privacy Impact Review and Update.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall review and update the Privacy Impact Assessment for the Secure Flight programs to ensure such Assessment accurately reflects the operation of such programs. (2) Public dissemination.--The Secure Flight Privacy Impact Assessment review required under paragraph (1) shall be published on a publically accessible Internet webpage of the Transportation Security Administration and submitted to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (c) Transportation Security Administration Rule Review and Notification Process.-- (1) Rule review.--Not later than 60 days after the date of the enactment of this Act and every 120 days thereafter, the Assistant Administrator of the Office of Intelligence Analysis of the Transportation Security Administration, in coordination with the entities specified in paragraph (2), shall conduct a comprehensive review of the Transportation Security Administration's intelligence-based screening rules. (2) Notification process.--Not later than 48 hours after changing, updating, implementing, or suspending a Transportation Security Administration intelligence-based screening rule, the Assistant Administrator of the Office of Intelligence Analysis of the Transportation Security Administration shall notify the following entities of any such change, update, implementation, or suspension, as the case may be: (A) The Office of Civil Rights and Liberties of the Transportation Security Administration. (B) The Office of the Ombudsman of the Administration. (C) The Office of Traveler Engagement of the Administration. (D) The Office of Civil Rights and Liberties of the Department of Homeland Security. (E) The Office of Chief Counsel of the Administration. (F) The Office of General Counsel of the Department. (G) The Privacy Office of the Administration. (H) The Privacy Office of the Department. (I) The Federal Air Marshal Service. (J) The Traveler Redress Inquiry Program of the Department. (d) Federal Air Marshal Service Coordination.-- (1) In general.--The Administrator of the Transportation Security Administration shall ensure that the Transportation Security Administration's intelligence-based screening rules are incorporated in the risk analysis conducted during the Federal Air Marshal mission scheduling process. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on how the Transportation Security Administration's intelligence-based screening rules are incorporated in the risk analysis conducted during the Federal Air Marshal mission scheduling process. (e) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a study on the Transportation Security Administration's intelligence-based screening rules and the effectiveness of such rules in identifying and mitigating potential threats to aviation security. Such study shall also examine coordination between the Transportation Security Administration, the Department of Homeland Security, and other relevant partners relating to changing, updating, implementing, or suspending such rules as necessary. Passed the House of Representatives June 20, 2017. Attest: KAREN L. HAAS, Clerk.", "summary": "Traveler Redress Improvement Act of 2017 (Sec. 2) This bill directs the Transportation Security Administration (TSA) to ensure the availability of the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) redress process to adjudicate inquiries for individuals who: are U.S. citizens or aliens lawfully admitted for permanent residence, have filed an inquiry with DHS TRIP after receiving enhanced screening at an airport security checkpoint more than three times in a 60-day period, and believe they have been wrongly identified as being a threat to aviation security. TSA shall review and update the Privacy Impact Assessment for the Secure Flight programs for accuracy and make such assessment available to the public on TSA's website. TSA shall also review its intelligence-based screening rules, notify specified federal agencies of any rule changes, and ensure such rules are incorporated in the risk analysis conducted during the Federal Air Marshal mission scheduling process. The Government Accountability Office shall: study the effectiveness of such rules in identifying and mitigating potential threats to aviation security; and examine coordination between the TSA, DHS, and other relevant partners relating to changing, updating, implementing, or suspending such rules as necessary."}
{"article": "SECTION 1. DISPERSE ORANGE 30, DISPERSE BLUE 79:1, DISPERSE RED 167:1, DISPERSE YELLOW 64, DISPERSE RED 60, DISPERSE BLUE 60, DISPERSE BLUE 77, DISPERSE YELLOW 42, DISPERSE RED 86, AND DISPERSE RED 86:1. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.32.39 Propanenitrile, Free No change No change On or before 12/ 3-[[2- 31/2007 (acetyloxy)- ethyl][4-[(2,6- dichloro -4- nitro- phenyl)azo]- phenyl]amino]- (CAS No. 5261- 31-4) (provided for in subheading 3204.12.50).... `` 9902.32.40 Acetamide, N-[5- Free No change No change On or before 12/ [bis[2- 31/2007 (acetyloxy)ethy l]amino]-2-[(2- bromo-4,6- dinitrophenyl)- azo]-4- methoxyphenyl]- (CAS No. 3618- 72-2) (provided for in subheading 3204.12.50).... `` 9902.32.41 Acetamide, N-[5- Free No change No change On or before 12/ [bis[2- 31/2007 (acetyloxy)- ethyl]amino]-2- [(2-chloro-4- nitrophenyl)azo ]phenyl]- (CAS No. 1533-78-4) (provided for in subheading 3204.11.50).... `` 9902.32.42 1H-Indene- Free No change No change On or before 12/ 1,3(2H)-dione, 31/2007 2-(4-bromo-3- hydroxy-2- quinolinyl)- (CAS No. 10319- 14-9) (provided for in subheading 3204.11.50).... `` 9902.32.43 9,10-Anthra- Free No change No change On or before 12/ cenedione, 1- 31/2007 amino-4-hydroxy- 2-phenoxy- (CAS No. 17418-58-5) (provided for in subheading 3204.11.50).... `` 9902.32.45 1H-Naphth[2,3- Free No change No change On or before 12/ f]isoindole- 31/2007 1,3,5,10(2H)- tetrone, 4,11- diamino-2-(3- methoxypropyl)- (CAS No. 12217- 80-0) (provided for in subheading 3204.11.50).... `` 9902.32.47 9,10- Free No change No change On or before 12/ Anthracenedione 31/2007 , 1,8-dihydroxy- 4-nitro-5- (phenylamino)- (CAS No. 20241- 76-3) (provided for in subheading 3204.11.50).... `` 9902.32.48 Benzenesulfonami Free No change No change On or before 12/ de, 3-nitro-N- 31/2007 phenyl-4- (phenylamino)- (CAS No. 5124- 25-4) (provided for in subheading 3204.11.50).... `` 9902.32.51 Benzenesulfonami Free No change No change On or before 12/ de, N-(4-amino- 31/2007 9,10-dihydro-3- methoxy-9,10- dioxo-1- anthracenyl)-4- methyl- (CAS No. 81-68-5) (provided for in subheading 3204.11.50).... `` 9902.32.52 Benzenesulfonami Free No change No change On or before 12/ de, N-(4-amino- 31/2007 '' 9,10-dihydro-3- . methoxy-9,10- dioxo-1- anthracenyl) (CAS No. 69563- 51-5) (provided for in subheading 3204.11.50).... (b) Effective Date.--The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "summary": "Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2007, the duty on Disperse Orange 30, Disperse Blue 79:1, Disperse Red 167:1, Disperse Yellow 64, Disperse Red 60, Disperse Blue 60, Disperse Blue 77, Disperse Yellow 42, Disperse Red 86, and Disperse Red 86:1."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Tax Credit Act of 2007''. SEC. 2. CREDIT FOR EDUCATION EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) is amended-- (1) by redesignating section 36 as section 37, and (2) by inserting after section 35 the following new section: ``SEC. 36. CREDIT FOR EDUCATION EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year, an amount equal to 50 percent of so much of the qualified elementary and secondary education expenses and qualified professional development expenses paid or incurred by such eligible teacher during the taxable year as does not exceed $300. ``(b) Definitions.--For purposes of this section-- ``(1) Eligible teacher.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher, instructor, counselor, aide, or principal in an elementary or secondary school on a full-time basis for an academic year ending during a taxable year. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible teacher in the classroom. ``(3) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction. ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) directly related to the curriculum and academic subjects in which an eligible teacher provides instruction, or ``(II) designed to enhance the ability of an eligible teacher to understand and use State standards for the academic subjects in which such teacher provides instruction, ``(ii) may-- ``(I) provide instruction in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs (including children who are gifted and talented), or ``(II) provide instruction in how best to discipline children in the classroom and identify early and appropriate interventions to help children described in subclause (I) to learn, ``(iii) is tied to challenging State or local content standards and student performance standards. ``(iv) is tied to strategies and programs that demonstrate effectiveness in increasing student academic achievement and student performance, or substantially increasing the knowledge and teaching skills of an eligible teacher, ``(v) is of sufficient intensity and duration to have a positive and lasting impact on the performance of an eligible teacher in the classroom (which shall not include 1-day or short-term workshops and conferences), except that this clause shall not apply to an activity if such activity is 1 component described in a long-term comprehensive professional development plan established by an eligible teacher and the teacher's supervisor based upon an assessment of the needs of the teacher, the students of the teacher, and the local educational agency involved, and ``(vi) is part of a program of professional development which is approved and certified by the appropriate local educational agency as furthering the goals of the preceding clauses. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)), as in effect on the date of the enactment of this section. ``(4) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(c) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any expense for which a credit is allowed under this section. ``(d) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 36 and inserting after the item relating to section 35 the following new items: ``Sec. 36. Credit for education expenses of elementary and secondary school teachers. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.", "summary": "Teacher Tax Credit Act of 2007 - Amends the Internal Revenue Code to allow elementary and secondary school (K-12) teachers a tax credit for 50% of their education expenses (books, supplies, computer equipment, and supplementary materials) and their professional development expenses up to $300 in any taxable year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Protection and Diversification Act of 2001''. SEC. 2. 20-PERCENT LIMITATION ON EMPLOYER STOCK AND REAL PROPERTY HELD BY PARTICIPANT IN CERTAIN INDIVIDUAL ACCOUNT PLANS. (a) In General.--Section 407 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1107) is amended by adding at the end the following: ``(g) Diversification Requirements Applicable to Certain Individual Account Plans.-- ``(1) In general.--An applicable individual account plan shall not be treated as an eligible individual account plan (as defined in subsection (d)(3)) unless the plan meets-- ``(A) the acquisition and holding requirements of paragraph (2), and ``(B) the divestment requirement of paragraph (3). ``(2) Acquisition and holding requirements.--A plan meets the requirements of this paragraph only if-- ``(A) the plan may not acquire qualifying employer securities or qualifying employer real property to the extent that, immediately after the acquisition, the fair market value of all qualifying employer securities and qualifying employer real property allocated (or to be allocated) to any participant or beneficiary would exceed 20 percent of the fair market value of all assets allocated (or to be allocated) to such participant or beneficiary under the plan, and ``(B) as of the last day of any calendar quarter, the fair market value of all qualifying employer securities and qualifying employer real property allocated (or to be allocated) to any participant or beneficiary does not exceed 20 percent of the fair market value of all assets allocated (or to be allocated) to such participant or beneficiary. ``(3) Opportunity for employee to divest employer securities.--A plan meets the requirements of this paragraph if each employee who has a nonforfeitable right to 100 percent of the employee's accrued benefit derived from employer contributions may, at any time after the 90th day following the allocation of any qualifying employer securities or qualifying employer real property to the employee under the plan, direct the plan to divest the employee's account of such securities or property and reinvest an equivalent amount in other assets. ``(4) Divestiture.-- ``(A) In general.--The Secretary shall prescribe regulations under which-- ``(i) a plan is given a reasonable period of time to divest itself of qualifying employer securities and qualifying employer real property in order to meet the requirements of this subsection, and ``(ii) in the case of a plan in which a participant or beneficiary exercises control over assets in an account, the participant is given reasonable notice of the requirement, and a reasonable period of time, to make such divestiture. ``(B) Waiver in de minimis cases.--The Secretary may by regulations waive the application of paragraph (2)(B) in cases where the failure with respect to any participant or beneficiary is de minimis and due solely to market fluctuation. ``(5) Definitions and special rules.--For purposes of this subsection-- ``(A) Applicable individual account plan.--The term `applicable individual account plan' means an individual account plan other than an employee stock ownership plan as defined in section 4975(e)(7) of the Internal Revenue Code of 1986. ``(B) Aggregation.--All applicable individual account plans (other than multiemployer plans) maintained by the same employer shall be treated as a single plan. ``(6) Transition rules.-- ``(A) In general.--If, as of December 31, 2002, the fair market value of qualifying employer securities and qualifying employer real property allocated (or to be allocated) under any plan to any one participant or beneficiary exceeds 20 percent of the fair market value of all assets so allocated (or to be allocated), the plan shall be treated as meeting the requirements of paragraph (2)(B). This subparagraph shall cease to apply if any such securities or property are allocated after December 31, 2002, to the participant or beneficiary without the requirements of paragraph (2)(A) or subparagraph (B) being met. ``(B) Contractual requirements.--If qualifying employer securities or qualifying employer real property are acquired after December 31, 2002, pursuant to a contract in effect on the date of enactment of this subsection and at all times thereafter, the fair market value of such securities or property as of December 31, 2002, shall be taken into account under subparagraph (A).'' (b) Conforming Amendment.--Section 407(b)(1) of such Act (29 U.S.C. 1107(b)(1)) is amended by striking ``Subsection (a)'' and inserting ``Subject to subsection (g), subsection (a)''. SEC. 3. IMPROVEMENTS IN ABILITY OF EMPLOYEES TO DIVERSIFY ASSETS IN ESOPS. (a) In General.--Subparagraph (B)(iii) of section 401(a)(28) of the Internal Revenue Code of 1986 (relating to additional requirements for employee stock ownerships plans) is amended-- (1) by striking ``10 years'' and inserting ``5 years'', and (2) by striking ``age 55'' and inserting ``age 35''. (b) Trustee-to-Trustee Transfer Required.--Clause (ii) of section 401(a)(28)(B) of such Code is amended by adding at the end the following new flush sentence: ``In the case of a qualified participant who has not attained the age of 55 on or before the date of any distribution described in subclause (I), a plan shall be treated as meeting the requirements of subclause (I) only if such distribution is made in the form of a direct trustee-to-trustee transfer to an eligible retirement plan (as defined in paragraph (31)(D)) specified by the participant.'' SEC. 4. REDUCTION IN DEDUCTION FOR EMPLOYER MATCHING CONTRIBUTIONS TO DEFINED CONTRIBUTION PLANS MADE IN EMPLOYER SECURITIES. Section 404(a) of the Internal Revenue Code of 1986 (relating to deduction for contributions of an employer to an employee trust, etc.) is amended by adding at the end the following: ``(12) Limitations on deductions for employer matching contributions made in employer securities.--In the case of an employer matching contribution of employer securities (as defined in section 409(l)) to a defined contribution plan other than an employee stock ownership plan (as defined in section 4975(e)(7)), the amount of the deduction allowed shall be equal to 50 percent of the amount allowable without regard to this paragraph.'' SEC. 5. EFFECTIVE DATES. (a) In General.--The amendments made by this Act shall apply to years beginning after December 31, 2002. (b) Collective Bargaining Agreements.--In the case of a plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified by the date of the enactment of this Act, the amendments made by this Act shall not apply with respect to employees covered by any such agreement for plan years beginning before the earlier of-- (1) the later of-- (A) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof on or after such date of enactment), or (B) January 1, 2003, or (2) January 1, 2005.", "summary": "Pension Protection and Diversification Act of 2001 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to: (1) limit to 20 percent the portion of funds which may be invested in the employer's stock and real property by an employee's individual account plans under section 401(k) of the Internal Revenue Code; and (2) allow an employee to direct the plan to divest the employee's account of such employer securities or property and to reinvest an equal amount in other assets, at any time after 90 days following allocation of employer securities or real property to the employee's individual account plan. Exempts employee stock ownership plans (ESOPS) from these new ERISA provisions.Amends Internal Revenue Code to: (1) allow employees to diversify assets in ESOPS after five years, and after they've reached age 35 (but requires a trustee-to-trustee transfer for those under age 55); and (2) reduce by 50 percent the allowable deduction for employer matching contributions to defined contribution plans made in employer securities."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Agricultural Bioterrorism Countermeasures Act of 2001''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Biosecurity upgrades at Department of Agriculture and related facilities. Sec. 4. Intramural agricultural bioterrorism research and development. Sec. 5. Consortium for countermeasures against agricultural bioterrorism. Sec. 6. Agricultural bioterrorism competitive research grants. Sec. 7. Expansion of Animal and Plant Health Inspection Service activities. Sec. 8. Expansion of Food Safety Inspection Service activities. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The events of September 11, 2001, have heightened awareness of the threat of acts of bioterrorism, including attacks directed at the domestic food supply and underlying agriculture. (2) Evidence of access to and rudimentary experiments with chemical and biological agents and the reported interest in the operation of cropdusting aircraft point to possible terrorist intent to use biological or chemical weapons. (3) An attack of agricultural bioterrorism would pose serious challenges such as-- (A) hazards to human health; (B) erosion of public confidence in the safety of the domestic food supply; and (C) damage to the economy. (4) It is important to develop short- and long-term strategies and supporting technology to more effectively and efficiently protect the domestic food supply from acts of bioterrorism. (5) A program of ongoing research and development is required to reduce the vulnerability of plant and animal agriculture and the food supply. (6) It is critical to bring Federal, academic, and private sector capacities to bear on the threat of agricultural bioterrorism. (b) Purposes.--The purposes of this Act are-- (1) to strengthen the research and development capacity of the United States to respond to the threat of agricultural bioterrorism; (2) to promote the collaboration between the Federal, academic, and private sectors in addressing agricultural bioterrorism; and (3) to strengthen the capacity of regulatory agencies to prepare for, respond to, and mitigate the consequences of a bioterrorist attack. SEC. 3. BIOSECURITY UPGRADES AT DEPARTMENT OF AGRICULTURE AND RELATED FACILITIES. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Agriculture $870,000,000 to enable the Agricultural Research Service to comply with the requirements of the Department of Agriculture's biosecurity responsibilities under Presidential Directive 67 with respect to the conduct of activities to secure existing facilities where potential animal and plant pathogens are housed or researched and to improve food safety research activities. (b) Distribution of Amounts.--The amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall be made available as follows: (1) $220,000,000 shall be made available for renovation, update, and expansion of the Biosafety Level 3 laboratory and animal research facilities at the Plum Island Animal Disease Center (Greenport, New York). (2) $385,000,000 shall be made available for the Agricultural Research Service/Animal and Plant Health Inspection Service facility in Ames, Iowa. (3) $106,000,000 shall be made available for the planning and design of an Agricultural Research Service biocontainment laboratory for poultry research in Athens, Georgia. (4) $9,000,000 shall be made available for the planning, updating, and renovation of the Arthropod-Bome Animal Disease Laboratory in Laramie, Wyoming. (5) $120,000,000 shall be made available for collaborative research with the Oklahoma City National Memorial Institute for the Prevention of Terrorism, the Department of Justice, and other law enforcement and emergency preparedness organizations. (6) $10,000,000 shall be made available for the purchase of rapid detection field test kits to be distributed by the Secretary of Agriculture to State and local agencies engaged in defending against agroterrorism and the training of appropriate authorities. (7) $20,000,000 shall be made available for the updating, expansion, and renovation of the Biosensor Technologies Research Center at Oklahoma State University in Stillwater, Oklahoma. SEC. 4. INTRAMURAL AGRICULTURAL BIOTERRORISM RESEARCH AND DEVELOPMENT. (a) In General.--The Secretary of Agriculture shall expand Agricultural Research Service programs to protect the domestic food supply by-- (1) enhancing the capability to respond immediately to the needs of regulatory agencies involved in protecting the food supply; (2) cooperating with academic and private sector partners to maximize the impact of research and development; (3) strengthening linkages with the intelligence community to better identify research needs and evaluate acquired materials; (4) expanding the involvement of the Agricultural Research Service with international organizations dealing with plant and animal disease control; and (5) taking other appropriate measures. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $140,000,000 for each of fiscal years 2003 through 2007. SEC. 5. CONSORTIUM FOR COUNTERMEASURES AGAINST AGRICULTURAL BIOTERRORISM. (a) Establishment.--The Secretary of Agriculture shall establish a Consortium for Countermeasures Against Agricultural Bioterrorism to help form stable long-term programs of research, development, and evaluation of options to enhance the biosecurity of United States agriculture. (b) Membership.-- (1) In general.--The Consortium shall be comprised of institutions of higher education positioned to partner with Federal agencies to address agricultural bioterrorism. (2) Designation.--The Secretary of Agriculture shall designate for membership in the Consortium-- (A) 3 institutions of higher education that are national centers for countermeasures against agricultural bioterrorism; and (B) not more than 7 additional institutions of higher education with existing programs relating to agricultural bioterrorism. (3) National centers.--The national centers shall be selected using the following criteria: (A) Co-location of Department of Agriculture laboratories or training centers with member institutions. (B) Demonstrated expertise in the area of plant and animal diseases. (C) Located at Land Grant Institutions that have a College of Veterinary Medicine, an on-site animal disease diagnostic laboratory, and the capability to conduct on-site training and training via distance education technology. (D) Close coordination with State cooperative extension programs that work in cooperation with industry, farm and commodity organizations, and regulatory agencies. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2003 through 2007. SEC. 6. AGRICULTURAL BIOTERRORISM COMPETITIVE RESEARCH GRANTS. (a) In General.--The Secretary of Agriculture shall enhance the National Research Initiative of the Competitive Grants Program of the Cooperative State Research, Education, and Extension Service by awarding grants focused on the science and technology needed to protect against and deal with acts of bioterrorism directed at the domestic food supply and agriculture. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2003 through 2007. SEC. 7. EXPANSION OF ANIMAL AND PLANT HEALTH INSPECTION SERVICE ACTIVITIES. (a) In General.--The Secretary of Agriculture shall enhance and expand the capacity of the Animal and Plant Health Inspection Service by-- (1) increasing inspection capacity at international points of origin; (2) improving surveillance at ports of entry and customs; (3) enhancing methods of protecting against introduction of plant and animal disease organisms by terrorists; (4) adopting new strategies and technology for dealing with outbreaks of plant and animal disease arising from acts of terrorism or from unintentional introduction, including establishing cooperative agreements among entities described in subsection (b) to enhance the preparedness and ability of Veterinary Services of the Animal and Plant Health Inspection Service and such entities to respond to outbreaks of such animal diseases; (5) strengthening the planning and coordination with State and local agencies, including the entities described in subsection (b); and (6) taking other appropriate measures. (b) Cooperating Entities.--The entities referred to in paragraphs (4) and (5) of subsection (a) are the following: (1) Veterinary Services of the Animal and Plant Health Inspection Service. (2) State animal health commissions and regulatory agencies for livestock and poultry health. (3) State agriculture departments. (4) Accredited colleges of veterinary medicine that are co- located with an accredited animal disease diagnostic laboratory and connected via high speed internet to national animal disease laboratories (to facilitate telemedicine sharing of necropsy images and histopathology images), animal diagnostic centers, State departments of public health, and the Center for Disease Control and Prevention. (5) Private veterinary practitioners. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $140,000,000 for each of fiscal years 2003 through 2007. SEC. 8. EXPANSION OF FOOD SAFETY INSPECTION SERVICE ACTIVITIES. (a) In General.--The Secretary of Agriculture shall enhance and expand the capacity of the Food Safety Inspection Service by-- (1) enhancing the ability to inspect and ensure the safety and wholesomeness of meat and poultry products; (2) developing new methods for rapid detection and identification of diseases and other hazardous agents; (3) applying new technologies to improve ante mortem and post mortem inspection procedures; (4) improving the capacity to inspect international meat and poultry products at points of origin and at ports of entry; and (5) strengthening collaboration among agencies within the Department of Agriculture and in other parts of Federal and State government through the sharing of information and technology. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $140,000,000 for each of fiscal years 2003 through 2007.", "summary": "Agricultural Bioterrorism Countermeasures Act of 2001 - Authorizes appropriations for biosecurity upgrades at specified Department of Agriculture and related facilities.Directs the Secretary of Agriculture, with respect to bioterrorism countermeasures, to: (1) expand Agricultural Research Service programs to protect the domestic food supply; (2) establish a Consortium for Countermeasures Against Agricultural Bioterrorism comprised of institutions of higher education in partnership with Federal agencies to develop long-term biosecurity programs; (3) enhance the National Research Initiative of the Competitive Grants Program of the Award Grants Program of the Cooperative State Research, Education, and Extension Service by awarding grants for bioterrorism protective measures; and (4) expand the capacities of the Animal and Plant Health Inspection Service and the Food Safety Inspection Service. Authorizes appropriations."}
{"article": "SECTION 1. STATEMENT OF U.S. POLICY. It shall be the policy of the United States to-- (1) take all necessary and appropriate steps in accordance with international agreements to support the commitments of the United States to ensure the physical security and protection of Camp Liberty/Hurriya residents, members of the opposition Mujahedeen e-Khalq (MEK), in accordance with the United States Embassy Statement on Transfer of Security Responsibility for Camp Ashraf of December 28, 2008; (2) assist the United Nations High Commissioner for Refugees in ensuring the rapid and orderly resettlement of all residents of Camp Liberty/Hurriya to safe locations outside of Iraq; and (3) permit the admission as refugees of the residents of Camp Liberty/Hurriya to the United States, who express a desire for such resettlement. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The United States recognized the residents of the former Camp Ashraf who now reside in Camp Liberty/Hurriya as ``protected persons'' under the Fourth Geneva Convention and committed itself to protect the residents until their final disposition. (2) The United States expects the Government of Iraq to continue this commitment of protection of the residents of Camp Liberty/Hurriya, as reflected in the United States Embassy Statement on Transfer of Security Responsibility for Camp Ashraf of December 28, 2008. (3) The residents of the former Camp Ashraf, who now reside in Camp Liberty/Hurriya, renounced violence and unilaterally disarmed more than a decade ago. (4) Dozens of residents of Camp Liberty/Hurriya were permanent residents or political refugees in the United States. (5) Camp Liberty/Hurriya residents have provided valuable intelligence to the international community concerning efforts by the Government of Iran to establish a nuclear weapons capability and to supply the terrorist groups in Iraq with Improvised Explosive Devices (IEDs). (6) Camp Liberty/Hurriya residents share the desire of the United States in seeing the establishment of a peaceful, democratic, non-nuclear government in Iran with full rights for women and religious and ethnic minorities. (7) The residents of Camp Liberty/Hurriya are cooperating in the framework of an agreement between the United Nations and the Government of Iraq to transfer the residents out of Iraq. (8) Despite Iraq's acceptance of the U.S. commitment to protect Camp Ashraf residents, the unarmed residents have been attacked five times in 2009, 2011, and 2013 during their residence in the former Camp Ashraf and Camp Liberty/Hurriya by external persons and organizations, including Iraqi security forces, killing more than 100 residents and wounding 1,000 others. (9) Iraqi security forces are permanently stationed all around Camp Liberty/Hurriya, despite their history of violence against the unarmed residents, while all Liberty/Hurriya residents are kept inside the Camp's walled compound, with no freedom of movement for the residents outside the Camp and no access to counsel, family, NGOs, and press. SEC. 3. ACTIONS TO PROTECT IRANIAN DISSIDENTS LIVING IN CAMP LIBERTY/ HURRIYA. (1) The United States shall take all necessary and appropriate steps to ensure the safety of the residents of Camp Liberty/Hurriya. (2) The United States shall provide all necessary and appropriate assistance to the United Nations High Commissioner for Refugees to process applications by the residents of Camp Liberty/Hurriya for refugee status and to secure their orderly resettlement in safe locations outside of Iraq, including in the United States for any such residents who express such a desire. (3) The United States shall timely admit as refugees the residents of Camp Liberty/Hurriya in the U.S. and in doing so shall not delay or bar such resettlement merely because any such resident is or has been a member of, or supports or has supported, organizations or groups that were subject to the Secretary of State's decision of September 21, 2012, in Public Notice 8049, notwithstanding Sec. Sec. 212(a)(3)(B) and 212(a)(3)(F) of the Immigration and Nationality Act of 1965, as amended. (4) Within 90 days of the effective date of this Act, the Secretary of State and the Secretary of the Department of Homeland Security shall report to the Congress on steps taken by the United States to guard the safety of the residents of Camp Liberty/Hurriya and to secure their orderly resettlement in safe locations in accordance with the provisions of this Act.", "summary": "Directs the United States to: (1) take all necessary and appropriate steps to ensure the safety of the residents of Camp Liberty/Hurriya in Iraq; (2) provide all necessary and appropriate assistance to the United Nations (U.N.) High Commissioner for Refugees to process refugee applications by the residents of Camp Liberty/Hurriya and to secure their safe resettlement outside of Iraq; and (3) admit the residents of Camp Liberty/Hurriya as refugees in the United States and not delay or bar such resettlement because any such resident is or has been a member of, or supports or has supported, organizations or groups that were subject to the Secretary of State's decision of September 21, 2012. Directs the Secretary and the Secretary of the Department of Homeland Security (DHS) to report to Congress on U.S. efforts to guard the safety of Camp Liberty/Hurriya residents and secure their orderly resettlement."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Administrative Law Judges Retirement Act of 2003''. (b) References.--Whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code. SEC. 2. PROVISIONS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM. (a) Definition.--Section 8331 of title 5, United States Code, is amended-- (1) in paragraph (27), by striking ``and'' at the end; (2) in paragraph (28), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(29) `administrative law judge' means an administrative law judge appointed under section 3105 or a similar prior provision of law.''. (b) Deductions, Contributions, and Deposits.--Section 8334 is amended-- (1) in the first sentence of subsection (a)(1), by striking ``or nuclear materials courier,'' and inserting ``nuclear materials courier, or administrative law judge,''; (2) in the second sentence of subsection (a)(1), by striking the period and inserting the following: ``; however, the amount to be contributed under this sentence with respect to service performed as an administrative law judge after the effective date of the Administrative Law Judges Retirement Act of 2003 shall be the amount equal to the product of basic pay paid for that service multiplied by the percentage that is 1 percentage point less than the percentage applicable under subsection (c).''; and (3) in subsection (c), by adding after the item relating to a nuclear materials courier the following: ``Administrative law judge.............. 5...................... June 11, 1947, to June 30, 1948. 6...................... July 1, 1948, to October 31, 1956. 6.5.................... November 1, 1956, to December 31, 1969. 7...................... January 1, 1970, to December 31, 1998. 7.25................... January 1, 1999, to December 31, 1999. 7.4.................... January 1, 2000, to December 31, 2000. 7...................... January 1, 2001, to (but not including) the effective date of the Administrative Law Judges Retirement Act of 2003. 8...................... The effective date of the Administrative Law Judges Retirement Act of 2003 and thereafter.''. (c) Immediate Retirement.--Section 8336 is amended by adding at the end the following: ``(q) An administrative law judge who is separated from the service after completing 10 years of service as an administrative law judge and becoming 55 years of age is entitled to an annuity. An administrative law judge who is separated from the service voluntarily after completing 10 years of service as an administrative law judge but before becoming 55 years of age is entitled to a reduced annuity. An administrative law judge is entitled to an annuity if such judge would be entitled to an annuity under subsection (d) (taking into account any amendments deemed to be in effect with respect thereto) if such subsection were applied by substituting `5' for `25 years of service or after becoming 50 years of age and completing 20', and the reference to `removal for cause on charges of misconduct or delinquency' in paragraph (1) thereof were considered to refer to a removal under section 1215, 7521, or 7532.''. (d) Computation of Annuity.--Section 8339 is amended-- (1) in subsection (f), by striking ``(r), and (s)'' and inserting ``(r), (s), and (v)''; (2) in the first sentence of subsection (h), by striking ``subsections (a), (b), (d)(5), and (f) of this section for an employee retiring under section 8336(d), (h), (j), or (o) of this title'' and inserting ``subsections (a), (b), (d)(5), (f), and (v) for an employee retiring under section 8336(d), (h), (j), or (o), or the second sentence of section 8336(q),''; (3) in subsection (i), by striking ``(r), or (s)'' and inserting ``(r), (s), or (v)''; and (4) by adding at the end the following: ``(v) The annuity of an employee retiring under section 8336(q) is computed under such provisions of this section as would (but for this subsection) otherwise apply, except that, with respect to such employee's-- ``(1) service as an administrative law judge; and ``(2) military service not exceeding 5 years; such employee's annuity is computed by multiplying 2\\1/2\\ percent of such employee's average pay by the years of that service.''. (e) Technical and Conforming Amendments.--(1) Sections 8337(a) and 8339(g) are amended by striking ``or (s)'' each place it appears and inserting ``(s), or (v)''. (2) Subsections (j), (k)(1), (l), and (m) of section 8339, subsections (b)(1) and (d) of section 8341, and section 8344(a)(A) are amended by striking ``and (s)'' each place it appears and inserting ``(s), and (v)''. (3) Subsections (j)(3) (in the matter before subparagraph (A)), (j)(5)(C)(iii), and (k)(2)(C) of section 8339 and section 8343a(c) are amended by striking ``and (q)'' each place it appears and inserting ``(q), and (v)''. SEC. 3. PROVISIONS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) Definition.--Section 8401 is amended-- (1) in paragraph (33), by striking ``and'' at the end; (2) in paragraph (34), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(35) `administrative law judge' means an administrative law judge appointed under section 3105 or a similar prior provision of law.''. (b) Immediate Retirement.--Section 8412 is amended by adding at the end the following: ``(i) An administrative law judge who is separated from the service after completing 10 years of service as an administrative law judge and becoming 55 years of age is entitled to an annuity.''. (c) Early Retirement.--Section 8414 is amended by adding at the end the following: ``(e) An administrative law judge who is separated from the service voluntarily after completing 10 years of service as an administrative law judge but before becoming 55 years of age is entitled to a reduced annuity. An administrative law judge is entitled to an annuity if such judge would be entitled to an annuity under subsection (b) (taking into account any amendments deemed to be in effect with respect thereto) if such subsection were applied by substituting `5 years of service' for `25 years of service, or after becoming 50 years of age and completing 20 years of service,', and the reference to `removal for cause on charges of misconduct or delinquency' in paragraph (1)(A) thereof were considered to refer to a removal under section 1215, 7521, or 7532.''. (d) Computation of Annuity.--Section 8415 is amended-- (1) in subsection (g)(2), by striking ``or air traffic controller.'' and inserting ``air traffic controller, or administrative law judge (with respect to any service as to which the percentage set forth in the first sentence of subsection (l) applies).''; and (2) by adding at the end the following: ``(l) The annuity of an employee retiring under section 8412(i) or 8414(e) is computed under such provisions of this section as would (but for this subsection) otherwise apply, except that, with respect to such employee's-- ``(1) service as an administrative law judge; and ``(2) military service not exceeding 5 years; such employee's annuity is computed by multiplying 1\\7/10\\ percent of such employee's average pay by the years of that service. The annuity computed under this section for an employee retiring under the first sentence of section 8414(e) is reduced by \\1/6\\ of 1 percent for each full month the employee is under 55 years of age at the date of separation.''. (e) Deductions From Pay.--Section 8422(a)(3) is amended by adding after the item relating to a nuclear materials courier the following: ``Administrative law judge.............. 7...................... January 1, 1987, to December 31, 1998. 7.25................... January 1, 1999, to December 31, 1999. 7.4.................... January 1, 2000, to December 31, 2000. 7...................... January 1, 2001, to (but not including) the effective date of the Administrative Law Judges Retirement Act of 2003. 8...................... The effective date of the Administrative Law Judges Retirement Act of 2003 and thereafter.''. (f) Government Contributions.--Section 8423 is amended-- (1) in subsection (a)(1)(B)(i), by striking ``and employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act, multiplied by'' and inserting ``employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act, and administrative law judges, multiplied by''; (2) by amending paragraph (2) of subsection (a) to read as follows: ``(2) In determining any normal-cost percentage to be applied under this subsection-- ``(A) amounts provided for under section 8422 shall be taken into account; and ``(B) amounts provided by or for administrative law judges under subchapter III of chapter 83 (including sections 8334 and 8348, and whether provided before, on, or after the effective date of this subparagraph) shall, to the extent they exceed the normal cost of the benefits which are (i) provided for under subchapter III of chapter 83, and (ii) attributable to service performed as an administrative law judge (within the meaning of such subchapter), be taken into account as if they had been provided by or for administrative law judges under this chapter.''; and (3) in subsection (a)(3), by inserting ``administrative law judges,'' after ``military reserve technicians,'' each place it appears. SEC. 4. EFFECTIVE DATE; APPLICABILITY. (a) Effective Date.--This Act and the amendments made by this Act shall take effect as of the first day of the first pay period beginning on or after the date of the enactment of this Act. (b) Applicability.--Nothing in this Act shall be considered to apply with respect to any annuity entitlement to which is based on a separation from service occurring before the effective date of this Act.", "summary": "Administrative Law Judges Retirement Act of 2003 - Sets forth separate provisions governing Government and employee contributions, annuity eligibility requirements (ten years of service and age 55), early retirement, and annuity computation (2.5 percent and 1.7 percent, respectively, of average pay for each year of service) for administrative law judges under the Civil Service Retirement System and the Federal Employees' Retirement System."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``USDA Accountability and Equity Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--IMPROVED ACCOUNTABILITY OF COUNTY AND AREA COMMITTEES AND THEIR EMPLOYEES Sec. 101. Membership requirements for county and area committees. Sec. 102. Improved oversight of county, area, and community committee elections. Sec. 103. Federal civil service status of county and area committee employees. TITLE II--IMPROVED PROGRAM EQUITY Sec. 201. Participation of socially disadvantaged farmers and ranchers and other similarly situated farmers and ranchers in environmental quality incentives program. Sec. 202. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University. Sec. 203. Funding of program of outreach and technical assistance to socially disadvantaged farmers. Sec. 204. Funding of extension Indian reservation program. Sec. 205. Funding of farm ownership and operating loan programs. TITLE I--IMPROVED ACCOUNTABILITY OF COUNTY AND AREA COMMITTEES AND THEIR EMPLOYEES SEC. 101. MEMBERSHIP REQUIREMENTS FOR COUNTY AND AREA COMMITTEES. Effective 90 days after the date of the enactment of this Act, section 8(a)(5)(B) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(a)(5)(B)) is amended by striking clause (ii) and inserting the following: ``(ii)(I) A county or area committee shall consist of not fewer than 5 nor more than 7 members who are fairly representative of the agricultural producers in the county or area. ``(II) Except as provided in subclause (III), the members of a county or area committee shall be elected by the agricultural producers in such county or area under such procedures as the Secretary may prescribe. ``(III) 2 members shall be demographically representative of groups of agricultural producers in the county or area who, in the absence of appointment under this subclause, would be under-represented on the committee. The Secretary shall appoint these members based on recommendations made by the under- represented groups. If the Secretary makes such an appointment from among persons not so recommended, the Secretary shall provide the reasons therefor upon request.''. SEC. 102. IMPROVED OVERSIGHT OF COUNTY, AREA, AND COMMUNITY COMMITTEE ELECTIONS. (a) Uniform Guidelines.--The Secretary of Agriculture shall prescribe uniform guidelines for conducting elections for members and alternates of county and area committees established pursuant to section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)), members and alternates of community committees so established, and delegates to local administrative area conventions and county conventions. (b) Certification of Election Results.--Effective 90 days after the date of the enactment of this Act, section 8(a)(5)(B) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(a)(5)(B)) is amended by adding at the end the following new clause: ``(vi) Members elected pursuant to an election conducted under this subparagraph shall not commence their term of service unless and until the Secretary determines that-- ``(I) the election fully complied with the laws, regulations, and guidlines applicable to the conduct of the election; and ``(II) the members-elect satisfy the eligibility requirements for committee membership.''. SEC. 103. FEDERAL CIVIL SERVICE STATUS OF COUNTY AND AREA COMMITTEE EMPLOYEES. (a) County Committee Employee Defined.--In this section, the term ``county committee employee'' means an employee of a county or area committee employed pursuant to section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)). (b) Federal Civil Service Status.--On and after the effective date of this section, the civil service laws shall apply to all county committee employees, subject to such regulations as the Secretary may prescribe and the conversion options for existing county committee employees provided by this section. (c) Conversion of Permanent County Committee Employees.--Subject to regulations of the Office of Personnel Management, a county committee employee who is so employed on the effective date of this section under an appointment not limited to one year or less shall be converted to Federal civil service appointments, as follows: (1) A county committee employee who has completed 3 years of service shall be given a career civil service appointment. (2) A county committee employee who has completed less than 3 years of service shall be given a career-conditional civil service appointment. The period of permanent service as a county committee employee shall be counted when calculating the 3 years of service necessary for conversion to career civil service status. (d) Conversion of Temporary County Committee Employees.--Subject to regulations of the Office of Personnel Management, a county committee employee who is so employed on the effective date of this section under an appointment of less than one year shall be converted to a temporary Federal civil service appointment. (e) Crediting Service as County Committee Employee.--Service as a county committee employee performed before the effective date of this section shall be counted as creditable Federal service when determining tenure, time-in-grade eligibility, within-grade increases, and probationary periods. (f) Reemployment Rights.--Subject to regulations of the Office of Personnel Management, a former permanent county committee employee who, before the effective date of this section, was provided reemployment priority rights as a county committee employee due to being separated through reduction-in-force procedures established by the Secretary of Agriculture, may receive special selection priority for civil service positions in the Farm Service Agency for a period of 2 years after the date of the employee's separation. (g) Conforming Amendments.--(1) Section 226 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6932) is amended by striking subsection (e). (2) Title 5, United States Code, is amended-- (A) in section 3502(a)(4)(C)(i), by striking ``Soil Conservation and Allotment Act'' and inserting ``Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000,''; (B) in section 5306(a)(1)(C), by striking ``section 590h(b) of title 16'' and inserting ``section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000''; (C) in section 5334(e), by striking ``section 590h(b) of title 16'' and inserting ``section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000''; (D) in section 6312(a)(1), by striking ``Soil Conservation and Allotment Act'' and inserting ``Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000,''; (E) in section 8331(1)(F), by striking ``section 590h(b) of title 16'' and inserting ``section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000''; (F) in section 8701(a)(8), by striking ``section 590h(b) of title 16'' and inserting ``section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000''; and (G) in section 8901(1)(G), by striking ``section 590h(b) of title 16'' and inserting ``section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000''. (3) Section 8(b)(5)(E) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)(E)) is amended by striking the second and third sentences. (h) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of the enactment of this Act. TITLE II--IMPROVED PROGRAM EQUITY SEC. 201. PARTICIPATION OF SOCIALLY DISADVANTAGED FARMERS AND RANCHERS AND OTHER SIMILARLY SITUATED FARMERS AND RANCHERS IN ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. (a) Inclusion of Definition.--Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended-- (1) by redesignating paragraphs (16), (17), and (18) as paragraphs (17), (18), and (19), respectively; and (2) by inserting after paragraph (15) the following new paragraph: ``(16) Socially disadvantaged farmer or rancher.--The term `socially disadvantaged farmer or rancher' means a farmer or rancher who is a member of a socially disadvantaged group (as that term is defined in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e))), a farmer or rancher who has limited resources, or a farmer or rancher who is a member of a federally recognized Indian tribe.''. (b) Increased Funding; Availability of Funds.--Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended-- (1) in paragraph (1), by striking ``and $200,000,000 for each of fiscal years 1997 through 2002'' and inserting ``$200,000,000 for each of fiscal years 1997 through 2000, and $300,000,000 for each of fiscal years 2001 and 2002''; (2) in paragraph (2), by striking ``50 percent'' and inserting ``one-third''; and (3) by adding at the end the following new paragraphs: ``(3) Assistance for socially disadvantaged farmers and ranchers.--For each of fiscal years 2001 and 2002, one-third of the funding available for technical assistance, cost-share payments, incentives payments, and education under the environmental quality incentives program shall be targeted to increase assistance to socially disadvantaged farmers and ranchers. ``(4) Availability of funds.--Funds made available to the environmental quality incentives program through the Commodity Credit Corporation shall remain available until expended.''. (c) Priority for Assistance.--Section 1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is amended-- (1) in paragraph (2), by striking ``or''; (2) in paragraph (3), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(4) are for operations owned or operated by a socially disadvantaged farmer or rancher.''. (d) Timing of Payments; Cost-Share Limitations.--Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended-- (1) in subsection (c), by striking ``may not be made by the Secretary until the subsequent fiscal year'' and inserting ``may be made by the Secretary during that fiscal year''; and (2) by adding at the end the following new subsection: ``(d) Waiver of Cost-Share Requirements.--In addition to subsection (b), the Secretary may waive or adjust the maximum rate of cost-share and incentive payments under subsection (a) in the case of a producer who is a socially disadvantaged farmer or rancher.''. (e) Calculating Producer Contributions.--Section 1240B(e)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(e)(1)) is amended by adding at the end the following new subparagraph: ``(D) In-kind contributions.--For purposes of calculating the producer's share of the cost of a structural practice, the Secretary may count contributions in labor, materials, or equipment when the producer is a socially disadvantaged farmer or rancher.''. SEC. 202. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES FACILITIES AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY. Section 1447(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended to read as follows: ``(b) Appropriation.-- ``(1) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary of Agriculture $15,000,000 for fiscal year 2001 and for each succeeding fiscal year to carry out this section. ``(2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended.''. SEC. 203. FUNDING OF PROGRAM OF OUTREACH AND TECHNICAL ASSISTANCE TO SOCIALLY DISADVANTAGED FARMERS. Section 2501(a)(3) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)(3)) is amended to read as follows: ``(3) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary $10,000,000 for fiscal year 2001 and for each succeeding fiscal year to carry out this section.''. SEC. 204. FUNDING OF EXTENSION INDIAN RESERVATION PROGRAM. Section 1677(g) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5930(g)) is amended to read as follows: ``(g) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary $8,000,000 for fiscal year 2001 and for each succeeding fiscal year to carry out this section.''. SEC. 205. FUNDING OF FARM OWNERSHIP AND OPERATING LOAN PROGRAMS. Section 346(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)(1)) is amended by adding at the end the following: ``(H) Additional funding.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary for fiscal year 2001 and for each succeeding fiscal year $585,000,000 for direct loans, of which-- ``(i) $85,000,000 shall be for farm ownership loans under subtitle A; and ``(ii) $500,000,000 shall be for operating loans under subtitle B.''.", "summary": "(Sec. 102) Directs the Secretary to prescribe uniform guidelines for conducting county and area committee elections. (Sec. 103) Provides for the conversion of permanent and temporary county committee employees to Federal civil service status. Title II: Improved Program Equity - Amends the Food Security Act of 1985 respecting the environmental quality incentives program to: (1) increase program funding; (2) reduce the livestock set-aside; and (3) give priority to, establish set-asides, and waive cost-share requirements for socially disadvantaged farmers and ranchers. (Sec. 202) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to make permanent appropriations for 1890 land grant college grants. (Sec. 203) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to make permanent appropriations for: (1) outreach and technical assistance programs for socially disadvantaged farmers and ranchers; and (2) Indian reservation extension education programs. (Sec. 205) Amends the Consolidated Farm and Rural Development Act to make permanent appropriations for farm operating and ownership loans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Loan Interest Forgiveness for Education Act''. SEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 221 as section 222 and by inserting after section 220 the following: ``SEC. 221. INTEREST ON EDUCATION LOANS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--If the modified adjusted gross income of the taxpayer for the taxable year exceeds $65,000 ($85,000 in the case of a joint return), the amount which would (but for this paragraph) be allowable as a deduction under this section shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so allowable as such excess bears to $20,000. ``(2) Modified adjusted gross income.--For purposes of paragraph (1), the term `modified adjusted gross income' means adjusted gross income determined-- ``(A) without regard to this section and sections 135, 911, 931, and 933, and ``(B) after application of sections 86, 219, and 469. For purposes of sections 86, 135, 219, and 469, adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(3) Inflation adjustment.--In the case of any taxable year beginning after 1997, the $65,000 and $85,000 amounts referred to in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `1996' for `1992'. ``(4) Rounding.--If any amount as adjusted under paragraph (3) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(c) Dependents Not Eligible for Deduction.--No deduction shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' means any indebtedness incurred to pay qualified higher education expenses-- ``(A) which are incurred on behalf of the taxpayer, the taxpayer's spouse, or any dependent of the taxpayer as of the time the indebtedness was incurred, ``(B) which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and ``(C) which are attributable to education furnished during a period during which the recipient was at least a half-time student. Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified education loan. The term `qualified education loan' shall not include any indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer. ``(2) Qualified higher education expenses.--The term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before the date of the enactment of this Act) of the taxpayer or the taxpayer's spouse at an eligible educational institution, reduced by the sum of-- ``(A) the amount excluded from gross income under section 135 by reason of such expenses, and ``(B) the amount of the reduction described in section 135(d)(1). For purposes of the preceding sentence, the term `eligible educational institution' has the same meaning given such term by section 135(c)(3), except that such term shall also include an institution conducting an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility which offers postgraduate training. ``(3) Half-time student.--The term `half-time student' means any individual who would be a student as defined in section 151(c)(4) if `half-time' were substituted for `full- time' each place it appears in such section. ``(4) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(e) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(3) Marital status.--Marital status shall be determined in accordance with section 7703.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Section 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by inserting after paragraph (16) the following: ``(17) Interest on education loans.--The deduction allowed by section 221.''. (c) Reporting Requirement.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information concerning transactions with other persons) is amended by inserting after section 6050R the following: ``SEC. 6050S. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS. ``(a) Education Loan Interest of $600 or More.--Any person-- ``(1) who is engaged in a trade or business, and ``(2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on 1 or more qualified education loans, shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, ``(2) contains-- ``(A) the name, address, and TIN of the individual from whom the interest described in subsection (a)(2) was received, ``(B) the amount of such interest received for the calendar year, and ``(C) such other information as the Secretary may prescribe. ``(c) Application to Governmental Units.--For purposes of subsection (a)-- ``(1) Treated as persons.--The term `person' includes any governmental unit (and any agency or instrumentality thereof). ``(2) Special rules.--In the case of a governmental unit or any agency or instrumentality thereof-- ``(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and ``(B) any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return. ``(d) Statements To Be Furnished to Individuals With Respect To Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return, and ``(2) the aggregate amount of interest described in subsection (a)(2) received by the person required to make such return from the individual to whom the statement is required to be furnished. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. ``(e) Qualified Education Loan Defined.--For purposes of this section, except as provided in regulations prescribed by the Secretary, the term `qualified education loan' has the meaning given such term by section 221(d)(1). ``(f) Returns Which Would Be Required To Be Made by 2 or More Persons.--Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).''. (2) Assessable penalties.--Section 6724(d) of such Code (relating to definitions) is amended-- (A) in paragraph (1)(B), by redesignating clauses (x) through (xv) as clauses (xi) through (xvi), respectively, and by inserting after clause (ix) the following new clause: ``(x) section 6050S (relating to returns relating to education loan interest received in trade or business from individuals),'', and (B) in paragraph (2), by striking ``or'' at the end of the next to last subparagraph, by striking the period at the end of the last subparagraph and inserting ``, or'', and by adding at the end the following new subparagraph: ``(Z) section 6050S(d) (relating to returns relating to education loan interest received in trade or business from individuals).''. (d) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: ``Sec. 221. Interest on education loans. ``Sec. 222. Cross reference.''. (e) Effective Date.--The amendments made by this section shall apply to any qualified education loan (as defined in section 221(d)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to any loan interest payment due after December 31, 1996.", "summary": "Loan Interest Forgiveness for Education Act - Amends the Internal Revenue Code to allow a limited deduction (based on modified adjusted gross income) on an amount equal to the interest paid by a taxpayer on any qualified educational loan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bodie Protection Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the historic Bodie gold mining district in the State of California is the site of the largest and best preserved authentic ghost town in the western United States; (2) the Bodie Bowl area contains important natural, historical, and aesthetic resources; (3) Bodie was designated a National Historical Landmark in 1961 and a California State Historic Park in 1962, is listed on the National Register of Historic Places, and is included in the Federal Historic American Buildings Survey; (4) nearly 200,000 persons visit Bodie each year, providing the local economy with important annual tourism revenues; (5) the town of Bodie is threatened by proposals to explore and extract minerals: mining in the Bodie Bowl area may have adverse physical and aesthetic impacts on Bodie's historical integrity, cultural values, and ghost town character as well as on its recreational values and the area's flora and fauna; (6) the California State Legislature, on September 4, 1990, requested the President and the Congress to direct the Secretary of the Interior to protect the ghost town character, ambience, historic buildings, and scenic attributes of the town of Bodie and nearby areas; (7) the California State Legislature also requested the Secretary, if necessary to protect the Bodie Bowl area, to withdraw the Federal lands within the area from all forms of mineral entry and patent; (8) the National Park Service listed Bodie as a priority one endangered National Historic Landmark in its fiscal year 1990 and 1991 report to Congress entitled ``Threatened and Damaged National Historic Landmarks'' and recommended protection of the Bodie area; and (9) it is necessary and appropriate to provide that all Federal lands within the Bodie Bowl area are not subject to location, entry, and patent under the mining laws of the United States, subject to valid existing rights, and to direct the Secretary to consult with the Governor of the State of California before approving any mining activity plan within the Bodie Bowl. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Bodie Bowl'' means the Federal lands and interests in lands within the area generally depicted on the map referred to in section 4(a). (2) The term ``mining'' means any activity involving mineral prospecting, exploration, extraction, milling, beneficiation, processing, and reclamation. (3) The term ``Secretary'' means the Secretary of the Interior. SEC. 4. APPLICABILITY OF MINERAL MINING, LEASING AND DISPOSAL LAWS. (a) Restriction.--Subject to valid existing rights, after the date of enactment of this Act Federal lands and interests in lands within the area generally depicted on the map entitled ``Bodie Bowl'' and dated June 12, 1992, shall not be-- (1) open to the location of mining and mill site claims under the general mining laws of the United States; (2) subject to any lease under the Mineral Leasing Act (30 U.S.C. 181 and following) or the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following), for lands within the Bodie Bowl; and (3) available for disposal of mineral materials under the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following). Such map shall be on file and available for public inspection in the Office of the Secretary, and appropriate offices of the Bureau of Land Management and the National Park Service. As soon as practicable after the date of enactment of this Act, the Secretary shall publish a legal description of the Bodie Bowl area in the Federal Register. (b) Valid Existing Rights.--As used in this subsection, the term ``valid existing rights'' in reference to the general mining laws means that a mining claim located on lands within the Bodie Bowl was properly located and maintained under the general mining laws prior to the date of enactment of this Act, was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws on the date of enactment of this Act, and that such claim continues to be valid. (c) Validity Review.--The Secretary shall undertake an expedited program to determine the validity of all unpatented mining claims located within the Bodie Bowl. The expedited program shall include an examination of all unpatented mining claims, including those for which a patent application has not been filed. If a claim is determined to be invalid, the Secretary shall promptly declare the claim to be null and void, except that the Secretary shall not challenge the validity of any claim located within the Bodie Bowl for the failure to do assessment work for any period after the date of enactment of this Act. The Secretary shall make a determination with respect to the validity of each claim referred to under this subsection within 2 years after the date of enactment of this Act. (d) Limitation on Patent Issuance.-- (1) Mining claims.--(A) After March 8, 1992, no patent shall be issued by the United States for any mining claim located under the general mining laws within the Bodie Bowl unless the Secretary determines that, for the claim concerned-- (i) a patent application was filed with the Secretary on or before such date; and (ii) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 37) for placer claims were fully complied with by that date. (B) If the Secretary makes the determinations referred to in subparagraph (A) for any mining claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States. (2) Mill site claims.--(A) After March 8, 1992, no patent shall be issued by the United States for any mill site claim located under the general mining laws within the Bodie Bowl unless the Secretary determines that, for the claim concerned-- (i) a patent application was filed with the Secretary on or before March 8, 1992; and (ii) all requirements applicable to such patent application were fully complied with by that date. (B) If the Secretary makes the determinations referred to in subparagraph (A) for any mill site claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States. SEC. 5. MINERAL ACTIVITIES. (a) In General.--Mineral exploration, mining, beneficiation, and processing activities on unpatented mining claims within the Bodie Bowl shall be subject to such regulations prescribed by the Secretary, in consultation with the Governor of the State of California, as the Secretary deems necessary to ensure that such mineral activities are conducted-- (1) in accordance with the rules and regulations promulgated under Public Law 94-429 (16 U.S.C. 1901 et seq.) as they relate to plan of operations, reclamation requirements, and bonding; and (2) in a manner that does not cause any adverse effect on the historic, cultural, recreational and natural resource values of the Bodie Bowl area. (b) Restoration of Effects of Mining Exploration.--As soon as possible after the date of enactment of this Act, visible evidence or other effects of mining exploration activity within the Bodie Bowl conducted on or after September 1, 1988, shall be reclaimed by the operator in accordance with regulations prescribed pursuant to subsection (a). (c) Annual Expenditures; Filing.--The requirements for annual expenditures on unpatented mining claims imposed by Revised Statute 2324 (30 U.S.C. 28) shall not apply to any such claim located within the Bodie Bowl. In lieu of filing the affidavit of assessment work referred to under section 314(a)(1) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(a)(1)), the holder of any unpatented mining or mill site claim located within the Bodie Bowl shall only be required to file the notice of intention to hold the mining claim referred to in such section 314(a)(1). (d) Regulations.--The Secretary shall promulgate the regulations referred to in this section within 90 days after the date of enactment of this Act. For the purposes of this Act, the Bureau of Land Management shall promulgate and administer the rules and regulations referred to in section 5(a). SEC. 6. STUDY. Beginning as soon as possible after the date of enactment of this Act, the Secretary of the Interior, through the Director of the National Park Service, shall review possible actions to preserve the scenic character, historical integrity, cultural and recreational values, flora and fauna, and ghost town characteristics of lands and structures within the Bodie Bowl. No later than 3 years after the date of such enactment, the Secretary shall submit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a report that discusses the results of such review and makes recommendations as to which steps (including but not limited to acquisition of lands or valid mining claims) should be undertaken in order to achieve these objectives.", "summary": "Bodie Protection Act of 1993 - Prohibits the Bodie Bowl (California) from being available for any mineral mining, leasing, or disposal activities, except under valid existing claims. Directs the Secretary of the Interior to undertake an expedited validity review of all unpatented mining claims located within the Bodie Bowl. Prescribes limitations for the issuance of patents for mining and mill site claims on such lands. Subjects mineral exploration, mining, beneficiation, and processing on unpatented mining claims within the Bodie Bowl to regulations prescribed to ensure that such activities do not adversely affect historic, cultural, recreational, and natural resource values of the Bodie Bowl. Mandates reclamation of the effects of mining exploration by mining operators. Exempts the holder of any unpatented mining or mill site claim within the Bodie Bowl from specified statutory expenditure and filing requirements. Declares that, in lieu of filing a certain affidavit of assessment work, such holder shall only be required to file a specified notice of intention to hold certain mining claims. Directs the Secretary to: (1) review possible actions to preserve specified characteristics of the Bodie Bowl; and (2) report to certain congressional committees recommendations to achieve such preservation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Basic Pilot Program Extension and Expansion Act of 2003''. SEC. 2. EXTENSION OF PROGRAMS. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking ``6-year period'' and inserting ``11-year period''. SEC. 3. EXPANSION OF THE BASIC PILOT PROGRAM. (a) In General.--Section 401(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by inserting after ``United States'' the following: ``, and the Secretary of Homeland Security shall expand the operation of the program to all 50 States not later than December 1, 2004''. (b) Report.--Section 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended-- (1) by striking ``The'' and inserting: ``(a) In General.--The'', and (2) by adding at the end the following new subsection: ``(b) Report on Expansion.--Not later than June 1, 2004, the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report-- ``(1) evaluating whether the problems identified by the report submitted under subsection (a) have been substantially resolved; and ``(2) describing what actions the Secretary of Homeland Security shall take before undertaking the expansion of the basic pilot program to all 50 States in accordance with section 401(c)(1), in order to resolve any outstanding problems raised in the report filed under subsection (a).''. (c) Conforming Amendments.--Section 402(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended-- (1) in paragraph (2)(B), by striking ``or entity electing--'' and all that follows through ``(ii) the citizen attestation pilot program'' and inserting ``or entity electing the citizen attestation pilot program''; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). (d) Additional Technical and Conforming Amendments.--Title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''. SEC. 4. PILOT IMMIGRATION PROGRAM. (a) Processing Priority Under Pilot Immigration Program for Regional Centers To Promote Economic Growth.--Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended-- (1) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and (2) by adding at the end the following: ``(d) In processing petitions under section 204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) for classification under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)), the Secretary of Homeland Security may give priority to petitions filed by aliens seeking admission under the pilot program described in this section. Notwithstanding section 203(e) of such Act (8 U.S.C. 1153(e)), immigrant visas made available under such section 203(b)(5) may be issued to such aliens in an order that takes into account any priority accorded under the preceding sentence.''. (b) Extension.--Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by striking ``10 years'' and inserting ``15 years''. SEC. 5. GAO STUDY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the General Accounting Office shall report to Congress on the immigrant investor program created under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)). (b) Contents.--The report described in subsection (a) shall include information regarding-- (1) the number of immigrant investors that have received visas under the immigrant investor program in each year since the inception of the program; (2) the country of origin of the immigrant investors; (3) the localities where the immigrant investors are settling and whether those investors generally remain in the localities where they initially settle; (4) the number of immigrant investors that have sought to become citizens of the United States; (5) the types of commercial enterprises that the immigrant investors have established; and (6) the types and number of jobs created by the immigrant investors. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Basic Pilot Program Extension and Expansion Act of 2003 - (Sec. 2) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend for five additional years: (1) the \"basic\" employment verification system pilot program; (2) the citizen attestation pilot program; and (3) the machine-readable-document pilot program. (Sec. 3) Extends the scope of the \"basic\" pilot program to all States by December 1, 2004 (currently five to seven States). Directs the Secretary of Homeland Security to report on such program extension by June 1, 2004. (Sec. 4) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to authorize the Secretary of Homeland Security to give immigration priority to petitions filed under the pilot immigration for regional centers to promote economic growth. Extends such program for an additional five years. (Sec. 5) Directs the General Accounting Office (GAO) to conduct a study of the immigrant investor program, including information on the number of such immigrants and their country of origin, settlement locality, and employment created by them."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Slate for Marijuana Offenses Act of 2015''. SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN MARIJUANA-RELATED OFFENSES. (a) In General.--Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter: ``SUBCHAPTER D--EXPUNGEMENT ``Sec. ``3631. Expungement of certain criminal records in limited circumstances. ``3632. Requirements for expungement. ``3633. Procedure for expungement. ``3634. Effect of expungement. ``3635. Disclosure of expunged records. ``Sec. 3631. Expungement of certain criminal records in limited circumstances ``(a) In General.--Any individual convicted of a qualifying marijuana-related offense who fulfills the requirements of section 3632 may, upon petition for expungement made in accordance with this subchapter, obtain an order granting expungement under this subchapter. ``(b) Definition of Qualifying Marijuana-Related Offense.--In this subchapter, the term `qualifying marijuana-related offense' means an offense against the United States in which the conduct constituting the offense-- ``(1) was legal under the State law at the time of the offense; or ``(2) was the possession of marijuana in a quantity is not greater than one ounce. ``(c) Definition of State.--In this subchapter, the term `State' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. ``Sec. 3632. Requirements for expungement ``No individual shall be eligible for an order of expungement under this subchapter unless, before filing a petition under this subchapter, such individual fulfills all requirements of the sentence for the conviction for which expungement is sought, including completion of any term of imprisonment or period of probation, meeting all conditions of a supervised release, and paying all fines. ``Sec. 3633. Procedure for expungement ``(a) Petition.--An individual may file a petition for expungement of a conviction in the court in which the conviction was obtained. A copy of the petition shall be served by the court upon the United States Attorney for the judicial district of that court. ``(b) Opportunity for Government To Contest Petition.--Not later than 60 days after the date a copy of a petition is served on the Government under subsection (a), the Government may, if the Government determines the facts do not support the petition, inform the court and the petitioner that the Government opposes granting expungement. If the Government does so inform the court and the petitioner, the court shall allow the Government and the petitioner an opportunity to present evidence and argument relating to the petition. ``(c) Court-Ordered Expungement.--If, after the passage of the 60- day period described in subsection (a) or earlier, if the Government informs the court it will not oppose granting expungement or if proceedings related to that opposition have been completed, the court determines the preponderance of the evidence before the court supports the granting of expungement under this subchapter, the court shall issue an order granting that expungement. If the court determines the petition is not supported by the preponderance of the evidence before the court, the court shall deny the petition. ``Sec. 3634. Effect of expungement ``(a) In General.--An order granting expungement under this subchapter restores the individual concerned, in the contemplation of the law, to the status that individual occupied before the arrest or the institution of criminal proceedings for the offense for which expungement is granted. ``(b) No Disqualification; Statements.--After an order under this subchapter granting expungement of an individual's criminal records, that individual is not required to divulge information pertaining to the expunged conviction. The fact that such individual has been convicted of the criminal offense concerned shall not operate as a disqualification of that individual to pursue or engage in any lawful activity, occupation, or profession. Such individual is not guilty of any perjury, false answering, or making a false statement by reason of that individual's failure to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of that individual for any purpose. ``(c) Records To Be Destroyed.--Except as provided in section 3635, upon order of expungement, all official law enforcement and court records, including all references to such person's arrest for the offense, the institution of criminal proceedings against the individual, and the results thereof, except publicly available court opinions or briefs on appeal, shall be permanently destroyed. ``Sec. 3635. Disclosure of expunged records ``(a) Index To Assist Authorized Disclosure.--The Department of Justice shall maintain a nonpublic manual or computerized record of expungements under this subchapter containing only the name of, and alphanumeric identifiers selected by the Department of Justice that relate to, the persons who obtained expungement under this subchapter, and the order of expungement. ``(b) Authorized Disclosure to Individual.--Information in the index shall be made available only to the individual to whose expungement it pertains or to such individual's designated agent. ``(c) Punishment for Improper Disclosure.--Whoever knowingly discloses information relating to an expunged conviction other than as authorized in this subchapter shall be fined under this title or imprisoned not more than one year, or both.''. (b) Clerical Amendment.--The table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item: ``D. Expungement........................................ 3631''. (c) Effective Date.--The amendments made by this Act apply to individuals convicted of an offense before, on, or after the date of enactment of this Act.", "summary": "Clean Slate for Marijuana Offenses Act of 2015 Amends the federal criminal code to allow an individual convicted of a qualifying marijuana-related offense, upon filing a petition for expungement and fulfilling all requirements of the sentence for such conviction, to obtain an order granting expungement of such conviction. Defines a \"qualifying marijuana-related offense\" as an offense against the United States in which the conduct constituting the offense: (1) was legal under the state law at the time of the offense, or (2) was the possession of not more than one ounce of marijuana. Gives the government 60 days to contest such a petition, in which case the court shall allow the government and the petitioner an opportunity to present evidence and argument relating to the petition. Directs the court to approve or deny the petition based on its determination that the petition either is supported by, or is not supported by, a preponderance of the evidence. Declares that: (1) an order granting expungement restores the individual concerned to the status that individual occupied before the arrest or the institution of criminal proceedings for the offense for which expungement is granted; (2) the individual is not required to divulge information pertaining to an expunged conviction and such conviction shall not disqualify that individual from pursuing or engaging in any lawful activity, occupation, or profession; (3) such individual is not guilty of making a false statement by reason of that individual's failure to recite or acknowledge arrest or conviction of such offense; and (4) records pertaining to an expunged conviction shall be destroyed. Directs the Department of Justice (DOJ) to maintain a nonpublic record of such expungement orders and the names of and alphanumeric identifiers selected by DOJ for persons who obtain expungement, which record shall be made available only to the individual to whom the expungement pertains. Establishes penalties for the unauthorized disclosure of information relating to an expunged conviction."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Nutrition in Medical Education Act of 2004''. SEC. 2. MEDICAL SCHOOL NUTRITION PROGRAMS. Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following: ``Subpart 3--Medical School Nutrition Programs ``SEC. 775. GRANTS FOR MEDICAL SCHOOL NUTRITION PROGRAMS. ``(a) Authorization.--The Secretary may award grants to accredited schools of medicine to integrate innovative curricula on nutrition into medical education. ``(b) Focus.--The Secretary shall ensure that innovative curricula on nutrition developed and implemented under this section focus on preventive health measures, including the following: ``(1) Education on the causes, treatment, and prevention of obesity. ``(2) Office education and counseling to ensure appropriate diet for mostly healthy people. ``(3) Prevention and treatment of common nutritional deficiencies. ``(4) Appropriate and inappropriate use of herbs and supplements. ``(5) Office recognition and treatment of common eating disorders. ``(6) Identification of special dietary needs, eating disorders, and appropriate routes of referral for medical nutrition therapy. ``(c) Use of Funds.--The Secretary may not make a grant under subsection (a) unless the school of medicine involved agrees to expend the grant-- ``(1) to develop innovative curricula on nutrition in accordance with subsection (d); ``(2) to integrate such curricula, to the maximum extent possible, into each year of a student's medical education at the school, including with respect to preclinical and clinical training; and ``(3) to evaluate the results achieved with such curricula. ``(d) Multidisciplinary Planning Committee.-- ``(1) Establishment.--A school of medicine receiving a grant under this section shall establish a multidisciplinary planning committee to develop the innovative curricula on nutrition to be integrated into the school's medical education. ``(2) Membership.--The members of a multidisciplinary planning committee under this subsection-- ``(A) shall include individuals who will be responsible for implementing the proposed curricular changes within the fields and disciplines of the school's medical education program; and ``(B) should include representatives of fields and disciplines outside of the school's medical education program, such as nursing, nutrition, and public health. ``(e) Duration.--Each grant under this section shall be for a period of 2 years. ``(f) Maximum Amount.--The Secretary may not make a grant to any school under this section in an amount that exceeds-- ``(1) $50,000 for any fiscal year; or ``(2) a total of $100,000. ``(g) Application.-- ``(1) In general.--To seek a grant under this section, a school of medicine shall submit an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Contents.--At a minimum, an application submitted under paragraph (1) shall include the following: ``(A) A description of the following: ``(i) The expertise in nutrition of the school's course directors and faculty members. ``(ii) The objectives of the program to be carried out with the grant. ``(iii) The projected impact of the program to be carried out with the grant. ``(iv) Any barriers to development or implementation of innovative curricula on nutrition at the school of medicine. ``(v) Strategies for overcoming each such barrier. ``(vi) The school's ability to sustain innovative curricula adopted and implemented with the grant beyond the term of the grant. ``(B) A budget proposal for expending funds under the grant. ``(C) Letters of support for the application from the dean, and the associate dean for education, of the school of medicine. ``(h) Report.--Not later than the end of the 2-year period described in subsection (e) for a grant, the school of medicine receiving the grant shall submit a report to the Secretary. Such report shall include a description of the innovative curricula on nutrition developed by the school and the results achieved through the use of such curricula. ``(i) Dissemination.--Not later than 1 year after the end of the 2- year period described in subsection (e) for all grants awarded under this section, the Secretary shall-- ``(1) prepare a consolidated report on the innovative curricula on nutrition developed by grantees under this section and the results achieved through the use of such curricula; and ``(2) disseminate such report to schools of medicine. ``(j) Definition.--In this section, the term `accredited' means accredited by the Liaison Committee on Medical Education. ``(k) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated $4,500,000 for the period of fiscal years 2005 through 2006. ``(2) Administration.--Of the amounts authorized to be appropriated under this section, the Secretary may use not more than $500,000 for costs associated with administration of this section.''.", "summary": "Enhancing Nutrition in Medical Education Act of 2004 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services to award grants to schools of medicine to integrate innovative curricula on nutrition into medical education. Requires the Secretary to ensure that such curricula focus on preventive health measures, including : (1) education on the causes, treatment, and prevention of obesity; (2) office education and counseling to ensure an appropriate diet for mostly healthy people; (3) prevention and treatment of common nutritional deficiencies; (4) the appropriate and inappropriate use of herbs and supplements; (5) office recognition and treatment of common eating disorders; and (6) identification of special dietary needs, eating disorders, and appropriate routes of referral for medical nutrition therapy. Requires grantees to: (1) develop innovative curricula; (2) integrate such curricula into the medical education at the school; (3) evaluate the results achieved with the curricula; (4) establish a multidisciplinary planning committee to develop the curricula; and (5) report to the Secretary on the developed curricula and results achieved. Requires the Secretary to prepare a consolidated report on the curricula and results achieved by grantees and to disseminate such report to schools of medicine."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Dismemberment Abortion Ban Act of 2015''. SEC. 2. DISMEMBERMENT ABORTION BAN. (a) In General.--Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: ``Sec. 1532. Dismemberment abortion ban ``(a) Dismemberment Abortion Prohibited.--Any physician who, in or affecting interstate or foreign commerce, knowingly performs a dismemberment abortion and thereby kills an unborn child shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a dismemberment abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life- endangering physical condition caused by or arising from the pregnancy itself. ``(b) Rule of Construction.--Nothing in this section shall be construed to limit abortions performed for any reason, including when the pregnancy is a result of rape or incest, if performed by a method other than dismemberment abortion. ``(c) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--A woman upon whom an abortion has been performed in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(3) Appropriate relief.--Appropriate relief in a civil action under this subsection includes-- ``(A) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; ``(B) statutory damages equal to three times the cost of the abortion; and ``(C) punitive damages. ``(4) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(5) Attorneys fees for defendant.--If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. ``(6) Awards against woman.--Except under paragraph (5), in a civil action under this subsection, no damages, attorney's fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. ``(d) Immunity From Prosecution for Woman Upon Whom a Dismemberment Abortion Is Performed.--A woman upon whom a dismemberment abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section. ``(e) Definitions.--In this section-- ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Dismemberment abortion.--The term `dismemberment abortion'-- ``(A) means, with the purpose of causing the death of an unborn child, knowingly dismembering a living unborn child and extracting such unborn child one piece at a time or intact but crushed from the uterus through the use of clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush or grasp a portion of the unborn child's body in order to cut or rip it off or crush it; but ``(B) does not include an abortion which uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container unless the actions described in subparagraph (A) are used to cause the death of an unborn child but suction is subsequently used to extract fetal parts after the death of the unborn child. ``(3) Minor.--The term `minor' means an individual who has not attained the age of 18 years. ``(4) Physician.--The term `physician' means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions: Provided, however, That any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs an abortion prohibited in this section shall be subject to the provisions of this section. ``(5) Unborn child.--The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item: ``1532. Dismemberment abortion ban.''. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``PARTIAL-BIRTH ABORTIONS'' and inserting ``ABORTIONS''. (2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking ``Partial-birth abortions'' and inserting ``Abortions''.", "summary": "Dismemberment Abortion Ban Act of 2015 This bill amends the federal criminal code to prohibit a physician from knowingly performing a dismemberment abortion. It provides a definition of the term "dismemberment abortion." A physician who performs a dismemberment abortion is subject to a criminal fine, up to two years in prison, or both, unless the dismemberment abortion was necessary to save the mother's life. A woman or a parent of a minor who undergoes a dismemberment abortion may file a civil action for damages against an individual who violates this bill. The legislation bars the criminal prosecution of a woman who undergoes a dismemberment abortion for conspiracy to violate the provisions of this bill, for being a principal or an accessory after the fact, or for concealment of felony."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Device Recycling Research and Development Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The volume of electronic devices in the United States is substantial and will continue to grow. The Environmental Protection Agency estimates that over 2 billion computers, televisions, wireless devices, printers, gaming systems, and other devices have been sold since 1980, generating 2 million tons of unwanted electronic devices in 2005 alone. (2) Electronic devices can be recycled or refurbished to recover and conserve valuable materials, such as gold, copper, and platinum. However, according to the Environmental Protection Agency, only 15 to 20 percent of electronic devices discarded from households reach recyclers. (3) The electronic device recycling industry in the United States is growing; however, challenges remain for the recycling of electronic devices by households and other small generators. Collection of such electronic devices is expensive, and separation and proper recycling of some of the materials recovered, like lead from cathode-ray tube televisions, is costly. (4) The export of unwanted electronic devices to developing countries also presents a serious challenge. The crude methods of many of the recycling operations in these countries can expose workers to harmful chemicals, jeopardizing their health and polluting the environment. (5) Some of the challenges to increasing the recyclability of electronic devices can be addressed by improving the logistics and technology of the collection and recycling process, designing electronic devices to avoid the use of hazardous materials and to be more easily recycled, and encouraging the use of recycled materials in more applications. (6) The public currently does not take full advantage of existing electronic device recycling opportunities. Studying factors that influence behavior and educating consumers about responsible electronic device recycling could help communities and private industry develop recycling programs that draw more participation. (7) The development of tools and technologies to increase the lifespan of electronic devices and to promote their safe reuse would decrease the impact of the production of electronic devices on the environment and likely increase the recyclability of such devices. (8) Accurately assessing the environmental impacts of the production of electronic devices and the recycling of such devices is a complex task. Data, tools, and methods to better quantify these impacts would help policymakers and others determine the best end-of-life management options for electronic devices. SEC. 3. ELECTRONIC DEVICE ENGINEERING RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS. (a) In General.--The Administrator shall award multiyear grants to consortia to conduct research to create innovative and practical approaches to manage the environmental impacts of electronic devices and, through the conduct of this research, to contribute to the professional development of scientists, engineers, and technicians in the fields of electronic device manufacturing, design, refurbishing, and recycling. The grants awarded under this section shall support research to-- (1) increase the efficiency of and improve electronic device collection and recycling; (2) expand the uses and applications for materials recovered from electronic devices; (3) develop and demonstrate environmentally friendly alternatives to the use of hazardous and potentially hazardous materials in electronic devices and the production of such devices; (4) develop methods to identify, separate, and remove hazardous and potentially hazardous materials from electronic devices and to reuse, recycle, or dispose of such materials in a safe manner; (5) reconsider product design and assembly to facilitate and improve refurbishment, reuse, and recycling of electronic devices, including an emphasis on design for recycling; (6) conduct lifecycle analyses of electronic devices, including developing tools and methods to assess the environmental impacts of the production, use, and end-of-life management of electronic devices and electronic device components; (7) develop product design, tools, and techniques to extend the lifecycle of electronic devices, including methods to promote their upgrade and safe reuse; and (8) identify the social, behavioral, and economic barriers to recycling and reuse for electronic devices and develop strategies to increase awareness, consumer acceptance, and the practice of responsible recycling and reuse for such devices. (b) Merit Review; Competition.--Grants shall be awarded under this section on a merit-reviewed, competitive basis. (c) Applications.--A consortium shall submit an application for a grant under this section to the Administrator at such time, in such manner, and containing such information and assurances as the Administrator may require. The application shall include a description of-- (1) the research project that will be undertaken by the consortium and the contributions of each of the participating entities, including the for-profit entity; (2) the applicability of the project to reduce impediments to electronic device recycling in the electronic device design, manufacturing, refurbishing, or recycling industries; (3) the potential for and feasibility of incorporating the research results into industry practice; and (4) how the project will promote collaboration among scientists and engineers from different disciplines, such as electrical engineering, materials science, and social science. (d) Dissemination of Research Results.--Research results shall be made publicly available through-- (1) development of best practices or training materials for use in the electronic device manufacturing, design, refurbishing, or recycling industries; (2) dissemination at conferences affiliated with such industries; (3) publication on the Environmental Protection Agency's Web site; (4) demonstration projects; or (5) educational materials for the public produced in conjunction with State governments, local governments, or nonprofit organizations on problems and solutions related to electronic device recycling and reuse. (e) Funding Contribution From For-Profit Member of Consortium.--The for-profit entity participating in the consortium shall contribute at least 10 percent of the total research project cost, either directly or with in-kind contributions. (f) Protection of Proprietary Information.--The Administrator-- (1) shall not disclose any proprietary information or trade secrets provided by any person or entity pursuant to this section; (2) shall ensure that, as a condition of receipt of a grant under this section, each member of the consortium has in place proper protections to maintain proprietary information or trade secrets contributed by other members of the consortium; and (3) if any member of the consortium breaches the conditions under paragraph (2) or discloses proprietary information or trade secrets, may require the return of any funds received under this section by such member. (g) Biennial Report.--Within 2 years after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall transmit a report to Congress that provides-- (1) a list of the grants awarded under this section; (2) the entities participating in each consortium receiving a grant; (3) a description of the research projects carried out in whole or in part with funds made available under such a grant; (4) the results of such research projects; and (5) a description of the rate and success of the adoption or integration of such research results into the manufacturing processes, management practices, and products of the electronics industry. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section: (1) $18,000,000 for fiscal year 2010. (2) $20,000,000 for fiscal year 2011. (3) $22,000,000 for fiscal year 2012. SEC. 4. NATIONAL ACADEMY OF SCIENCES REPORT ON ELECTRONIC DEVICE RECYCLING. (a) In General.--In order to better recognize gaps and opportunities in the research and training programs established in this Act, the Administrator shall enter into an arrangement with the National Academy of Sciences for a report, to be transmitted to Congress not later than 1 year after the date of enactment of this Act, on-- (1) opportunities for and barriers to-- (A) increasing the recyclability of electronic devices, specifically addressing-- (i) recycling or safe disposal of electronic devices and low value materials recovered from such devices; (ii) designing electronic devices to facilitate reuse and recycling; and (iii) the reuse of electronic devices; and (B) making electronic devices safer and more environmentally friendly, specifically addressing reducing the use of hazardous materials and potentially hazardous materials in electronic devices; (2) the environmental and human health risks posed by the storage, transport, recycling, and disposal of unwanted electronic devices; (3) the current status of research and training programs to promote the environmental design of electronic devices to increase the recyclability of such devices; and (4) any regulatory or statutory barriers that may prevent the adoption or implementation of best management practices or technological innovations that may arise from the research and training programs established in this Act. (b) Recommendations.--The report under subsection (a) shall identify gaps in the current research and training programs in addressing the opportunities, barriers, and risks relating to electronic device recycling, and the report shall recommend areas where additional research and development resources are needed to reduce the impact of unwanted electronic devices on the environment. SEC. 5. ENGINEERING CURRICULUM DEVELOPMENT GRANTS. (a) Grant Program.--The Administrator, in consultation with the Director of the National Science Foundation, shall award grants to institutions of higher education to develop curricula that incorporates the principles of environmental design into the development of electronic devices-- (1) for the training of electrical, mechanical, industrial, manufacturing, materials, and software engineers and other students at the undergraduate and graduate level; and (2) to support the continuing education of professionals in the electronic device manufacturing, design, refurbishing, or recycling industries. (b) Eligible Entities.--The term ``institution of higher education'', as such term is used with respect to eligibility to receive a grant under subsection (a)(2), includes any institution of higher education under section 101(b) of the Higher Education Act of 1965 (20 U.S.C. 1001(b)). (c) Outreach to Minority Serving Institutions.--The Administrator shall conduct outreach to minority serving institutions for the purposes of providing information on the grants available under this section and how to apply for such grants. (d) Merit Review; Competition.--Grants shall be awarded under this section on a merit-reviewed, competitive basis. (e) Use of Funds.--Grants awarded under this section shall be used for activities that enhance the ability of an institution of higher education to broaden the undergraduate and graduate-level engineering curriculum or professional continuing education curriculum to include environmental engineering design principles and consideration of product lifecycles related to electronic devices and increasing the recyclability of such devices. Activities may include-- (1) developing and revising curriculum to include multidisciplinary elements; (2) creating research and internship opportunities for students through partnerships with industry, nonprofit organizations, or government agencies; (3) creating and establishing certificate programs; and (4) developing curricula for short courses and continuing education for professionals in the environmental design of electronic devices to increase the recyclability of such devices. (f) Application.--An institution of higher education seeking a grant under this section shall submit an application to the Administrator at such time, in such manner, and with such information and assurances as the Administrator may require. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section: (1) $5,000,000 for fiscal year 2010. (2) $5,150,000 for fiscal year 2011. (3) $5,304,000 for fiscal year 2012. SEC. 6. ENVIRONMENTALLY FRIENDLY ALTERNATIVE MATERIALS PHYSICAL PROPERTY DATABASE. (a) In General.--The Director shall establish an initiative to develop a comprehensive physical property database for environmentally friendly alternative materials for use in electronic devices. (b) Priorities.--The Director, working with the electronic device design, manufacturing, or recycling industries, shall develop a strategic plan to establish priorities and the physical property characterization requirements for the database described in subsection (a). (c) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section: (1) $3,000,000 for fiscal year 2010. (2) $3,000,000 for fiscal year 2011. (3) $3,000,000 for fiscal year 2012. SEC. 7. DEFINITIONS. For the purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Consortium.--The term ``consortium'' means a grant applicant or recipient under section 3(a) that includes-- (A) at least one institution of higher education, nonprofit research institution, or government laboratory; and (B) at least one for-profit entity, including a manufacturer, designer, refurbisher, or recycler of electronic devices or the components of such devices. (3) Director.--The term ``Director'' means the Director of the National Institute of Standards and Technology. (4) Electronic device.--The term ``electronic device'' may include computers, computer monitors, televisions, laptops, printers, wireless devices, copiers, fax machines, stereos, video gaming systems, and the components of such devices. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (6) Minority serving institution.--The term ``minority serving institution'' means an institution that is an eligible institution under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). Passed the House of Representatives April 22, 2009. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Electronic Device Recycling Research and Development Act - (Sec. 3) Requires the Administrator of the Environmental Protection Agency (EPA) to award multiyear grants through a competitive, merit-based process to consortia: (1) to conduct research to create innovative and practical approaches to manage the environmental impacts of electronic devices through recycling, reuse, reduction of the use of hazardous materials, and life-cycle extension; and (2) through such research, to contribute to the professional development of scientists, engineers, and technicians in the fields of electronic device manufacturing, design, refurbishing, and recycling. Sets forth the ways in which research results shall be disseminated to the public. Provides for the protection of proprietary information of trade secrets provided by any person or entity pursuant to this Act. Requires the Administrator to report to Congress biennially on the grants awarded and the results of research projects carried out under such grants. (Sec. 4) Requires the Administrator to enter into an arrangement for the National Academy of Sciences to report to Congress on: (1) opportunities for, and barriers to, increasing the recyclability of electronic devices and making electronic devises safer and more environmentally friendly; (2) the risks posed by the storage, transport, recycling, and disposal of unwanted electronic devices; (3) the current status of research and training programs to promote the environmental design of electronic devices to increase the recyclability of such devices; and (4) regulatory or statutory barriers that may prevent the adoption or implementation of best management practices or technological innovations that may arise from the research and training programs established in this Act. Requires such reports to: (1) identify gaps in the current research and training programs in addressing the opportunities, barriers, and risks relating to electronic device recycling; and (2) recommend areas where additional research and development resources are needed to reduce the impact of unwanted electronic devices on the environment. (Sec. 5) Requires the Administrator to award grants through a competitive, merit-based process to institutions of higher education to develop curricula that incorporates the principles of environmental design into the development of electronic devices: (1) for the training of engineers and other students; and (2) to support the continuing education of professionals in the electronic device manufacturing, design, refurbishing, or recycling industries. Requires: (1) the Administrator to conduct outreach to minority serving institutions to provide information about the grants; and (2) such grants to be used for activities that enhance the ability of an institution to broaden the engineering or professional continuing education curriculum to include environmental engineering design principles and consideration of product lifecycles related to electronic devices and increasing the recyclability of such devices. (Sec. 6) Requires the Director of the National Institute of Standards and Technology (NIST) to: (1) establish an initiative to develop a comprehensive physical property database for environmentally friendly alternative materials for use in electronic devices; and (2) develop a strategic plan to establish priorities and physical property characterization requirements for the database. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``No Entry for Supporters of the Iranian Regime Act of 2010''. SEC. 2. INADMISSIBILITY OF CERTAIN ALIENS WHO ENGAGE IN CERTAIN ACTIVITIES WITH RESPECT TO IRAN. (a) In General.--Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended by adding at the end the following: ``(H) Individuals who engage in certain activities with respect to iran.-- ``(i) In general.--Subject to clause (iii), any alien described in clause (ii) is inadmissible. ``(ii) Aliens described.--An alien described in this clause is an alien that the Secretary of State determines-- ``(I) engages in-- ``(aa) an activity for which sanctions may be imposed pursuant to section 5 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note); ``(bb) an activity-- ``(AA) relating to the proliferation by Iran of weapons of mass destruction or the means of delivery of such weapons; and ``(BB) for which sanctions may be imposed pursuant to Executive Order 13382 (70 Fed. Reg. 38567) (or any successor thereto); ``(cc) an activity-- ``(AA) relating to support for international terrorism by the Government of Iran; and ``(BB) for which sanctions may be imposed pursuant to Executive Order 13224 (66 Fed. Reg. 49079) (or any successor thereto); or ``(dd) any other activity with respect to Iran for which sanctions may be imposed pursuant to any other provision of law; ``(II) is the chief executive officer, president, or other individual in charge of overall management of, or a shareholder with a controlling interest in, an entity that engages in an activity described in subclause (I); or ``(III) is a spouse or minor child of-- ``(aa) an alien who engages in an activity described in subclause (I); or ``(bb) the chief executive officer, president, or other individual in charge of overall management of, or a shareholder with a controlling interest in, an entity that engages in an activity described in subclause (I). ``(iii) Notice; waiver with respect to certain entities.-- ``(I) Notice.--The Secretary of State may notify an alien the Secretary determines may be inadmissible under this subparagraph-- ``(aa) that the alien may be inadmissible; and ``(bb) of the reason for the inadmissibility of the alien. ``(II) Waiver.--The President may waive the application of this subparagraph and admit an alien to the United States if-- ``(aa) the alien is described in subclause (II) or (III)(bb) of clause (ii); ``(bb) the entity that engaged in the activity that would otherwise result in the inadmissibility of the alien under this subparagraph is no longer engaging the activity or has taken significant steps toward stopping the activity; and ``(cc) the President has received reliable assurances that the entity will not knowingly engage in an activity described in clause (ii)(I) again.''. (b) Regulations.--Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236) is amended by adding at the end the following: ``(j) Regulations With Respect to Inadmissibility of Aliens Who Engage in Certain Transactions With Iran.--Not later than 180 days after the date of the enactment of this subsection, the Secretary shall issue regulations and guidelines for interpreting and enforcing the prohibition under subparagraph (H) of section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) on the admissibility of aliens who engage in certain sanctionable activities with respect to Iran.''.", "summary": "No Entry for Supporters of the Iranian Regime Act of 2010 - Amends the Immigration and Nationality Act to make inadmissible to the United States an alien who: (1) engages in certain sanctionable activities with Iran, including the development of Iran's petroleum resources, the proliferation of Iranian weapons of mass destruction, or support for terrorism by Iran; or (2) has a controlling managing or shareholder interest in an entity that engages in such activities. Authorizes presidential waiver of such prohibition under specified conditions."}
{"article": "SECTION 1. RELIABILITY AND DISTRIBUTED RESOURCES. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Consideration of safe and reliable interconnection of distributed resources.-- ``(A) Definitions.--In this paragraph: ``(i) Ancillary service.--The term `ancillary service' includes-- ``(I) reactive supply; ``(II) regulation and frequency response; ``(III) energy imbalance; ``(IV) operating reserves; ``(V) generation imbalance; and ``(VI) flexibility and ramping services. ``(ii) Distributed resource.--The term `distributed resource' means an electric power source connected directly to the distribution network or on the customer side of the meter. ``(B) Requirement for proceedings related to distributed resources.--Each State regulatory authority shall-- ``(i) establish proceedings to examine the degree to which distributed resources contribute ancillary services; and ``(ii) prescribe appropriate measures to ensure adequate ancillary services so that grid interconnection for distributed resources is safe, reliable, and efficient.''. SEC. 2. NET METERING EFFECTS. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 1) is amended by adding at the end the following: ``(21) Net metering effects.--Each State regulatory authority shall-- ``(A) establish proceedings to examine the effects of net metering and customer-owned distributed generation on resource planning of each electric utility, including-- ``(i) the effects on resource utilization, fuel diversity, grid security, and shifting of grid costs to customers who do not use net metering or customer-owned distributed generation; and ``(ii) the impact on-- ``(I) the financial health of the entity providing distribution services; and ``(II) the ability of the entity to attract investment in light of net metering and customer-owned distributed generation within the State; and ``(B) establish proceedings to determine whether electricity rates established for net metering service are just and reasonable and not unduly preferential or discriminatory, in accordance with State law.''. SEC. 3. COMPLIANCE. (a) Time Limitations.--Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following: ``(7)(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated electric utility shall, with respect to the standard established by paragraphs (20) and (21) of section 111(d)-- ``(i) commence the consideration required under those paragraphs; or ``(ii) set a hearing date for such consideration, with respect to the standard established by paragraphs (20) and (21) of section 111(d). ``(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated electric utility shall, with respect to the standards established by paragraphs (20) and (21) of section 111(d)-- ``(i) complete the consideration required under those paragraphs; and ``(ii) make the determination referred to in section 111 with respect to the standards established by those paragraphs.''. (b) Failure To Comply.--Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding at the end the following: ``In the case of the standard established by paragraphs (20) and (21) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of those paragraphs.''.", "summary": "This bill amends the Public Utility Regulatory Policies Act of 1978 to define "distributed resource" as an electric power source connected directly to the distribution network or on the customer side of the meter. State regulatory authorities shall by certain deadlines: establish proceedings to examine the degree to which distributed resources contribute specified ancillary services, such as reactive supply, energy imbalance, and flexibility and ramping services, among others; prescribe measures to ensure adequate ancillary services so that grid interconnection for distributed resources is safe, reliable, and efficient; examine the effects of net metering and customer-owned distributed generation on resource planning of each electric utility, and determine whether electricity rates established for net metering service are just and reasonable and not unduly preferential or discriminatory."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Home Affordable Improvements Act''. SEC. 2. ALLOCATION OF MAKING HOME AFFORDABLE FUNDING FOR FORECLOSURE MITIGATION COUNSELING IN CONNECTION WITH HOME AFFORDABLE MODIFICATION PROGRAM AND HOME AFFORDABLE FORECLOSURE ALTERNATIVES PROGRAM. (a) Funding for Foreclosure Mitigation Counseling.--From any amounts made available for carrying out the Making Home Affordable initiative of the Secretary of the Treasury pursuant to title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.), the Secretary shall provide assistance, in the amounts provided under subsection (c), to the National Foreclosure Mitigation Counseling Program for foreclosure mitigation counseling activities in connection with the Home Affordable Modification Program (HAMP) of such initiative. (b) Distribution of Assistance.-- (1) In general.--The National Foreclosure Mitigation Counseling Program shall distribute amounts received pursuant to subsection (a) to grantees in good standing in accordance with guidelines, policies, and procedures of the Program. (2) Housing counseling agency eligibility.--For a housing counseling agency to be eligible to receive assistance from amounts received pursuant to subsection (a), the agency must be a recipient of funding from the National Foreclosure Mitigation Counseling Program. (c) Formula for Funding.--The amount provided under this subsection shall be an amount, for each mortgage modified under the Home Affordable Modification Program, as follows: (1) Trial modifications.--For each mortgage for which a servicer or lender has entered into a trial modification under the Program with the borrower, $500. (2) Permanent modifications.--For each mortgage for which a servicer or lender has entered into a permanent modification under the Program with the borrower, $750. (3) Home affordable foreclosure alternatives program.--For each mortgage for which the servicer or lender has agreed to an alternative to foreclosure under the Home Affordable Foreclosure Alternatives (HAFA) Program, $300. (d) Administrative Fees.--The Neighborhood Reinvestment Corporation may use up to 15 percent of the amount allocated under subsection (a) for administrative expenses. (e) Use of Foreclosure Mitigation Counseling Funds.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Neighborhood Reinvestment Corporation shall establish a procedure by which the National Foreclosure Mitigation Counseling Program shall direct the amounts provided to such Program pursuant to this section to participating housing counseling agencies. (f) National Foreclosure Mitigation Counseling Program.--For purposes of this section, the term ``National Foreclosure Mitigation Counseling Program'' means the program of the Neighborhood Reinvestment Corporation for mortgage foreclosure mitigation activities carried out pursuant to-- (1) title III of division K of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2441); (2) section 2305 of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note); (3) title III of division I of the Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 9821); and (4) any other provision of law providing amounts to the Neighborhood Reinvestment Corporation for such activities. (g) Guidelines.--The Secretary of the Treasury shall revise the guidelines of the Making Home Affordable initiative and the Home Affordable Modification Program as necessary to carry out this section. SEC. 3. COLLECTION OF PROGRAM DATA AND DISCLOSURE TO SECRETARY OF HOUSING AND URBAN DEVELOPMENT. (a) Collection of Program Data.--The Secretary of the Treasury shall revise the guidelines of the Home Affordable Modification Program (HAMP) of the Making Home Affordable initiative of the Secretary, authorized under title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.), to provide for the collection, by the Secretary on a monthly basis from each mortgage servicer and lender participating in the Program, of comprehensive data on the activities of the servicer or lender under the Home Affordable Modification Program. Such comprehensive data shall identify the participating housing counseling agency, when applicable, and shall include the following information: (1) The number of requests for mortgage modifications under the Program that the servicer or lender has received. (2) The number of requests for mortgage modifications under the Program that the servicer or lender has received for mortgages for borrowers having back-end debt-to-income ratios equal to or greater than 55 percent. (3) The number of requests for mortgage modifications under the Program that the servicer or lender has processed. (4) The number of requests for mortgage modifications under the Program that the servicer or lender has processed for mortgages for borrowers having back-end debt-to-income ratios equal to or greater than 55 percent. (5) The number of requests for mortgage modifications under the Program for which the servicer or lender has entered into a trial modification with the borrower. (6) The number of requests for mortgage modifications under the Program for which-- (A) the servicer or lender has entered into a trial modification with the borrower; and (B) the borrower has a back-end debt-to-income ratio equal to or greater than 55 percent. (7) The number of requests for mortgage modifications under the Program for which the servicer or lender has entered into a permanent modification with the borrower. (8) The number of requests for mortgage modifications under the Program for which-- (A) the servicer or lender has entered into a permanent modification with the borrower; and (B) the borrower has a back-end debt-to-income ratio equal to or greater than 55 percent. (9) The number of requests for mortgage modifications under the Program that the servicer or lender has denied. (10) The number of requests for mortgage modifications under the Program that the servicer or lender has denied for mortgages for borrowers having back-end debt-to-income ratios equal to or greater than 55 percent. (b) Disclosure to Secretary of HUD.--Not later than 14 days after each monthly deadline for submission of data by mortgage servicers and lenders participating in the Home Affordable Modification Program, the Secretary shall provide a report to the Secretary of Housing and Urban Development containing such monthly data collected by the Secretary of the Treasury from mortgage servicers and lenders participating in the Program, including the information specified in subsection (a). (c) Public Availability.--Not later than 30 days after receipt by the Secretary of Housing and Urban Development of each monthly report pursuant to subsection (b), the Secretary of the Treasury shall make such report publicly available by means of a World Wide Web site of the Secretary and by submitting a report to the Congress. SEC. 4. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Back-end debt-to-income ratio.--The term ``back-end debt-to-income ratio'' means, with respect to the borrower under a mortgage for which a request for modification under the Home Affordable Modification Program or a modification under such Program has been made, the ratio of monthly payments due on all debts of the borrower (including mortgage principal, interest, taxes, and insurance, and all other recurring debt) to the gross monthly income of the borrower before any such modification under such Program, as further defined by the Secretary in guidelines for the Home Affordable Modification Program. (2) Secretary.--Except where specifically provided otherwise, the term ``Secretary'' means the Secretary of the Treasury.", "summary": "Making Home Affordable Improvements Act - Directs the Secretary of the Treasury to provide assistance in specified amounts to the National Foreclosure Mitigation Counseling Program (Program) of the Neighborhood Reinvestment Corporation (NRC) for foreclosure mitigation counseling activities in connection with the Home Affordable Modification Program (HAMP) of the Making Home Affordable initiative. Directs the Program to distribute funds to grantee housing counseling agencies in good standing. Directs the NRC to establish a procedure by which the Program shall direct funds to such agencies. Directs the Secretary of the Treasury to: (1) revise HAMP guidelines to provide for monthly collection by the Secretary of the Treasury from each participating mortgage servicer and lender of comprehensive data on its activities; and (2) report such data to the Secretary of Housing and Urban Development (HUD), report it to Congress, and make it publicly available on the Treasury World Wide Web site."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Synthetics Trafficking and Overdose Prevention Act of 2016'' or the ``STOP Act of 2016''. SEC. 2. IMPROVEMENTS TO UNITED STATES MAIL SECURITY. (a) Importer of Record.-- (1) In general.--Subparagraph (B) of section 484(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)) is amended to read as follows: ``(B)(i) When an entry of merchandise is made under this section, the required documentation or information shall be filed or electronically transmitted-- ``(I) by the owner or purchaser of the merchandise; ``(II) when appropriately designated by the owner, purchaser, or consignee of the merchandise, by a person holding a valid license under section 641; or ``(III) in the case of non-letter class mail, by the Postmaster General or a designee of the Postmaster General, which may include a person holding a valid license under section 641. ``(ii) When a consignee declares on entry that he or she is the owner or purchaser of merchandise, U.S. Customs and Border Protection may, without liability, accept the declaration. ``(iii) For the purposes of this Act, the importer of record must be one of the parties who is eligible to file the documentation or information required by this section. ``(iv) In this subparagraph, the term `non-letter class mail' means any product of the United States Postal Service or a Universal Postal Union designated operator that is provided pursuant to-- ``(I) the Universal Postal Union's Parcel Post Regulations and Final Protocol; or ``(II) the Universal Postal Union's Letter Post Regulations and Final Protocol, except `small letters' as defined in Article RL 124(1), as such regulations were in effect on the date of the enactment of the Synthetics Trafficking and Overdose Prevention Act of 2016.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date that is six months after the date of the enactment of this Act. (b) Informal Entries.--Section 498 of the Tariff Act of 1930 (19 U.S.C. 1498) is amended by adding at the end the following: ``(c) Regulations Related to Informal Customs Entries.-- ``(1) Requirement.--Notwithstanding any other provision of law, not later than six months after the date of the enactment of the Synthetics Trafficking and Overdose Prevention Act of 2016, the Secretary of the Treasury shall issue regulations to require the Postmaster General or designee of the Postmaster General, which may include a person holding a valid license under section 641, to file informal customs entries for all non-letter class mail that meets the informal entry requirements of this section and subpart C of part 143 of title 19, Code of Federal Regulations. ``(2) Non-letter class mail.--In this subsection, the term `non-letter class mail' has the meaning given that term in section 484(a)(2)(B)(iv).''. (c) De Minimis Shipments.-- (1) Reduction or modification of exemption.--Section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) is amended by adding at the end the following: ``(c) The Postmaster General or a designee of the Postmaster General, which may include a person holding a valid license under section 641, shall be designated as the importer of record for non- letter class mail (as that term is defined in section 484(a)(2)(B)(iv)) that is subject to the regulations issued pursuant to subsection (a) or (b).''. (2) Regulations.--Not later than six months after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations to implement the amendment made by paragraph (1). (d) Customs Fees.-- (1) In general.--Paragraph (6) of section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(6)) is amended to read as follows: ``(6)(A) Except as provided in subparagraph (B), for each item of dutiable mail for which a document is prepared by a customs officer, $5. ``(B) For the arrival of each item of any non-letter class mail (as that term is defined in clause (iv) of section 484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B))), $1.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date that is six months after the date of the enactment of this Act. (e) Mandatory Advanced Electronic Information for Non-Letter Class Mail.-- (1) In general.--Subparagraph (K) of section 343(a)(3) of the Trade Act of 2002 (Public Law 107-210; 19 U.S.C. 2071 note) is amended to read as follows: ``(K) The Secretary shall require the Postmaster General to provide the information required in paragraphs (1) and (2) to U.S. Customs and Border Protection for any non-letter class mail (as that term is defined in clause (iv) of section 484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B))) imported into the United States.''. (2) Regulations.--Not later than six months after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations to carry out subparagraph (K) of section 343(a)(3) of the Trade Act of 2002, as amended by paragraph (1). (f) Limitation on International Postal Arrangements.--The Secretary of State may not conclude any international postal arrangement pursuant to the authority set out in section 407 of title 39, United States Code, that is inconsistent with this Act or any amendment made by this Act.", "summary": "Synthetics Trafficking and Overdose Prevention Act of 2016 or the STOP Act of 2016 This bill amends the Tariff Act of 1930 to make the Postmaster General or Postmaster General designee, including a person holding a valid customs broker's license, the importer of record for non-letter class mail imported into the United States. The term "non-letter class mail" means any product of the U.S. Postal Service or a Universal Postal Union designated operator that is provided pursuant to: the Universal Postal Union's Parcel Post Regulations and Final Protocol; or the Universal Postal Union's Letter Post Regulations and Final Protocol, except small letters, as in effect upon enactment of this bill. The bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to impose a duty of $1 on each item of non-letter class mail imported into the United States. The bill amends the Trade Act of 2002 to direct the Department of the Treasury to require the Postmaster General to provide for the advanced electronic transmission to the U.S. Customs and Border Protection of certain information on non-letter class mail imported into the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Normalization With Cuba Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) with the end of the Cold War and the collapse of the Soviet Union, Cuba is no longer a threat to the United States or the Western Hemisphere; (2) the continuation of the embargo on trade between the United States and Cuba that was declared in February of 1962 is counterproductive, adding to the hardships of the Cuban people while making the United States the scapegoat for the failures of the communist system; (3) in the former Soviet Union, the Eastern bloc countries, China, and Vietnam, the United States is using economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms; and (4) the United States can best support democratic change in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges. SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities, shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 shall cease to be effective on such effective date. (2) Authority for new restrictions.--The President may, on and after the effective date of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979, and (B) exercise the authorities he has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.-- (1) Repeal.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments.--(A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended-- (i) in subsection (a)(11) by striking ``and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,'' and inserting ``facilities,''; (ii) in subsection (b)-- (I) in paragraph (4) by adding ``and'' after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Termination of Denial of Foreign Tax Credit With Respect to Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end thereof the following new flush sentence: ``Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date which is 60 days after the date of the enactment of this sentence.''. (g) Sugar Quota Prohibition Under Food Security Act of 1985.-- Section 902(c) of the Food Security Act of 1985 is repealed. SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. SEC. 5. TRAVEL. (a) In General.--Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel.--Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include-- (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to such travel. SEC. 6. DIRECT MAIL DELIVERY TO CUBA. The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. SEC. 7. NEGOTIATIONS WITH CUBA. (a) Negotiations.--The President should take all necessary steps to conduct negotiations with the Government of Cuba-- (1) for the purpose of settling claims of nationals of the United States against the Government of Cuba for the taking of property by such government; and (2) for the purpose of securing the protection of internationally recognized human rights. (b) Definitions.--In this section, the terms ``national of the United States'' and ``property'' have the meanings given those terms in section 502 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643a). SEC. 8. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act.", "summary": "Repeals: (1) the Cuban Democracy Act of 1992; (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996; and (3) the sugar quota prohibition under the Food Security Act of 1985. Amends the Internal Revenue Code to declare the denial of foreign tax credit inapplicable to Cuba after enactment of this Act. Permits: (1) installation and maintenance of telecommunications equipment and facilities in Cuba, including telecommunications services between the United States and Cuba; and (2) travel to and from Cuba by United States citizens or residents. Requires the United States Postal Service to provide direct mail service to and from Cuba. Directs the President to negotiate with the Government of Cuba for the purpose of: (1) settling claims of U.S. nationals for the taking of property by such government; and (2) securing the protection of internationally recognized human rights."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Beverage Container Recycling Initiative Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The failure to reuse and recycle empty beverage containers represents a significant and unnecessary waste of important national energy and material resources. (2) The littering of empty beverage containers constitutes a public nuisance, safety hazard, and aesthetic blight and imposes on public agencies, private businesses, farmers, and landowners unnecessary costs for the collection and removal of the containers. (3) Solid waste resulting from the empty beverage containers constitutes a significant proportion of municipal solid waste and increases the cost and problems of effectively managing the disposal of the waste. (4) It is difficult for local communities to raise the necessary capital to initiate comprehensive recycling programs. (5) The reuse and recycling of empty beverage containers would help eliminate unnecessary burdens on individuals, local governments, and the environment. (6) Several States have previously enacted and implemented State laws designed to protect the environment, conserve energy and material resources, and promote resource recovery of waste by requiring a refund value on the sale of all beverage containers. (7) The laws referred to in paragraph (6) have proven inexpensive for government to administer and effective at reducing financial burdens on communities by internalizing the cost of recycling and litter control to the producers and consumers of beverages. (8) A national system for requiring a refund value on the sale of all beverage containers would act as a positive incentive to individuals to clean up the environment and would-- (A) result in a high level of reuse and recycling of the containers; and (B) help reduce the costs associated with solid waste management. (9) A national system for requiring a refund value on the sale of all beverage containers would result in significant energy conservation and resource recovery. (10) The reuse and recycling of empty beverage containers would eliminate unnecessary waste management burdens on the Federal Government, State and local governments, and the environment. (11) The collection of unclaimed refunds from a national system of beverage container recycling would provide the resources necessary to assist comprehensive reuse and recycling programs throughout the United States. (12) A national system of beverage container recycling is consistent with the intent of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (13) This Act is consistent with the goals established by the Administrator of the Environmental Protection Agency during June 1996 that include a national goal of 35 percent source reduction and recycling by 2005, coupled with a reduction in per capita waste generation. SEC. 3. BEVERAGE CONTAINER RECYCLING. (a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by adding at the end the following: ``Subtitle K--Beverage Container Recycling ``SEC. 12001. DEFINITIONS. ``In this subtitle: ``(1) Beverage.--The term `beverage' means beer, ale, or other drink produced by fermenting malt, spirits, wine, wine coolers, soda or noncarbonated water, and all nonalcoholic carbonated or noncarbonated drinks in liquid form and intended for human consumption except for milk and dairy-derived products. ``(2) Beverage container.--The term `beverage container' means a bottle, can, jar, or other container made of glass, metal, or plastic which has been sealed by a manufacturer and which, at the time of sale, contains 4 liters or less of a beverage. ``(3) Beverage distributor.--The term `beverage distributor' means a person who sells or offers for sale in interstate commerce to beverage retailers beverages in beverage containers for resale. ``(4) Beverage retailer.-- ``(A) In general.--The term `beverage retailer' means a person who-- ``(i) purchases from a beverage distributor beverages in beverage containers for sale to a consumer; or ``(ii) sells or offers to sell in commerce beverages in beverage containers to a consumer. ``(B) Beverage vending machines.--The Administrator shall promulgate regulations that define `beverage retailer' for any case in which a beverage in a beverage container is sold to a consumer through a beverage vending machine. ``(5) Consumer.--The term `consumer' means a person who purchases a beverage container for any use other than resale. ``(6) Refund value.--The term `refund value' means the amount specified as the refund value of a beverage container under section 12002. ``(7) Unbroken beverage container.--The term `unbroken beverage container' includes-- ``(A) a beverage container opened in a manner in which the container was designed to be opened; and ``(B) a beverage container made of metal or plastic that is compressed if the statement of the amount of the refund value of the container is still readable. ``(8) Wine cooler.--The term `wine cooler' means a drink containing less than 8 percent alcohol (by volume)-- ``(A) consisting of wine and plain, sparkling, or carbonated water; and ``(B) containing a non-alcoholic beverage, flavoring, coloring material, fruit juice, fruit adjunct, sugar, carbon dioxide, preservatives, or any other natural or artificial blending materials (or any combination thereof). ``(9) Spirits.--The term `spirits' means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of distilled spirits of any kind. The term includes fortified wine. ``(10) Wine.--The term `wine' means any liquor containing not more than 15.5 percent alcohol by volume which is produced by the fermentation of fruit or other agricultural products containing sugar and to which no spirits are added. The term includes table wine, still wine, sparkling wine, and champagne, if the alcohol content is not above 15.5 percent by volume. ``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING. ``(a) In General.--Except as provided in section 12007, no beverage distributor or beverage retailer may sell or offer for sale in interstate commerce a beverage in a beverage container unless-- ``(1) in the case of wine and spirit containers, there is clearly, prominently, and securely affixed to, or printed on, the container a statement of the refund value of the container in the amount of 15 cents (as adjusted under subsection (c)); and ``(2) in the case of all other containers, there is clearly, prominently, and securely affixed to, or printed on, the container a statement of the refund value of the container in the amount of 5 cents (as adjusted under subsection (c)). ``(b) Size and Location of Statement.--The Administrator shall promulgate regulations establishing uniform standards for the size and location of the refund value statement on beverage containers. ``(c) Adjustments of Refund Value.-- ``(1) In general.--The Administrator shall adjust the amount of the refund value of the container under subsection (a)-- ``(A) on the date that is 10 years after the date of enactment of this subtitle, to reflect changes in the Consumer Price Index for all-urban consumers published by the Department of Labor since the date of enactment of this subtitle; and ``(B) on the date that is 10 years after the initial adjustment made under paragraph (1), and each 10 years thereafter, to reflect changes in the Consumer Price Index for all-urban consumers published by the Department of Labor since the most recent adjustment. ``(2) Rounding.--The Administrator shall round any adjustment under paragraph (1) to the nearest 5 cent increment. ``SEC. 12003. COLLECTION OF REFUND VALUE. ``(a) Collection From Retailers by Distributors.--In the case of each beverage in a beverage container sold in interstate commerce to a beverage retailer by a beverage distributor, the distributor shall collect from the retailer or redemption center the amount of the refund value shown on the container. ``(b) Collection From Consumers by Retailers.--In the case of each beverage in a beverage container sold in interstate commerce to a consumer by a beverage retailer, the retailer shall collect from the consumer the amount of the refund value shown on the container. ``(c) Other Collections.--No person other than a person described in subsection (a) or (b) may collect a deposit on a beverage container. ``SEC. 12004. RETURN OF REFUND VALUE. ``(a) Payment by Retailer.-- ``(1) In general.--If a person, other than a beverage distributor or beverage retailer, tenders for refund an empty, unbroken, and reasonably clean beverage container to a beverage retailer who sells (or has sold at any time during the 90-day period ending on the date of tender) the same brand of beverage in the same kind and size of container, the retailer shall promptly pay the person the amount of the refund value stated on the container. ``(2) Limitations.--(A) A retailer may limit the total number of beverage containers which the retailer will accept from any one consumer or other person in any one business day to 240 containers, or any other number greater than 240. ``(B) A retailer may refuse to accept beverage containers during no more than 8 hours in any one business day. If a retailer refuses to accept beverage containers under this subsection, the hours during which the retailer would accept containers shall be conspicuously posted. ``(b) Payment by Distributor.-- ``(1) In general.--If a person tenders for refund an empty and unbroken beverage container to a beverage distributor who sells (or has sold at any time during the 90-day period ending on the date of tender) the same brand of beverage in the same kind and size of container, the distributor shall promptly pay the person-- ``(A) the amount of the refund value stated on the container; plus ``(B) an amount equal to at least 2 cents per container to help defray the cost of handling. ``(2) Tendering beverage containers to other persons.--This subsection shall not preclude any person from tendering a beverage container to a person other than a beverage distributor. ``(c) Agreements.-- ``(1) In general.--Nothing in this subtitle precludes an agreement between a distributor, a retailer, or other person to establish a centralized beverage container collection center, including a center that acts as an agent of the retailer. ``(2) Agreement for crushing or bundling.--Nothing in this subtitle precludes an agreement between a beverage retailer, a beverage distributor, or other person for the crushing or bundling (or both) of beverage containers. ``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE RECYCLING FUNDS. ``(a) Unclaimed Refunds.-- ``(1) Payments to states.--At the end of each calendar year, each beverage distributor shall pay to each State an amount equal to the sum by which the total refund value of all containers sold by the distributor for resale in that State during the year exceeds the total sum paid during that year by the distributor under section 12004(b) to persons in the State. ``(2) Use by states.--The total amount of unclaimed refunds received by any State under this section shall be available to carry out pollution prevention and recycling programs in the State. ``(b) Refunds in Excess of Collections.--If the total amount of payments made by a beverage distributor for any calendar year under section 12004(b) for any State exceeds the total amount of the refund values of all containers sold by the distributor for resale in the State, the excess shall be credited against the amount otherwise required to be paid by the distributor to that State under subsection (a) for a subsequent calendar year, designated by the beverage distributor. ``SEC. 12006. PROHIBITIONS ON DETACHABLE OPENINGS AND POST-REDEMPTION DISPOSAL. ``(a) Detachable Openings.--No beverage distributor or beverage retailer may sell, or offer for sale, in interstate commerce a beverage in a metal beverage container a part of which is designed to be detached in order to open the container. ``(b) Post-Redemption Disposal.--No retailer or distributor or agent of a retailer or distributor may dispose of any beverage container labeled pursuant to section 12002 or any metal, glass, or plastic from the beverage container (other than the top or other seal of the container) in any landfill or other solid waste disposal facility. ``SEC. 12007. EXEMPTED STATES. ``(a) Exemption.--Sections 12002 through 12005 and sections 12008 and 12009 shall not apply in any State that has adopted and implemented requirements applicable to all beverage containers sold in the State if the Administrator determines the requirements to be substantially similar to the requirements of sections 12002 through 12005 and sections 12008 and 12009. ``(b) Determination of Tax.--No State or political subdivision of a State that imposes a tax on the sale of any beverage container may impose a tax on any amount attributable to the refund value of the container. ``(c) Effect on Other Laws.--Nothing in this subtitle affects the authority of any State or political subdivision of a State-- ``(1) to enact or enforce (or continue in effect) any law concerning a refund value on containers other than beverage containers; or ``(2) to regulate redemption and other centers that purchase empty beverage containers from beverage retailers, consumers, or other persons. ``SEC. 12008. PENALTIES. ``A person who violates section 12002, 12003, 12004, or 12006 shall be subject to a civil penalty of not more than $10,000 for each violation. ``SEC. 12009. REGULATIONS. ``Not later than 1 year after the date of enactment of this subtitle, the Administrator shall promulgate regulations to carry out this subtitle. ``SEC. 12010. EFFECTIVE DATE. ``Except as provided in section 12009, this subtitle takes effect on the date that is 2 years after the date of enactment of this subtitle.''. (b) Table of Contents.--The table of contents for the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end the following: ``Subtitle K--Beverage Container Recycling ``Sec. 12001. Definitions. ``Sec. 12002. Required beverage container labeling. ``Sec. 12003. Collection of refund value. ``Sec. 12004. Return of refund value. ``Sec. 12005. Accounting for unclaimed refunds and provisions for State recycling funds. ``Sec. 12006. Prohibitions on detachable openings and post-redemption disposal. ``Sec. 12007. Exempted States. ``Sec. 12008. Penalties. ``Sec. 12009. Regulations. ``Sec. 12010. Effective date.''.", "summary": "National Beverage Container Recycling Initiative Act - Amends the Solid Waste Disposal Act to prohibit the sale of beer, ale, or other drinks produced by fermenting malt, soda or noncarbonated water, and all nonalcoholic carbonated or noncarbonated drinks in liquid form (except for dairy products) in beverage containers by retailers and distributors unless such containers carry a refund value of five cents. Bars sales of wine and spirits unless their beverage containers carry a refund value of 15 cents. Provides for the adjustment for inflation of the refund amount at ten-year intervals. Requires: (1) distributors to collect from retailers or redemption centers the refund value for each beverage sold to retailers; and (2) retailers to collect from consumers the refund value for each beverage sold to consumers. Requires retailers and distributors to pay the refund on returned containers of brands (in the same kind and size of container) sold. Authorizes retailers to limit the daily amount of containers accepted from any one person. Directs distributors to pay annually to a State unclaimed refund amounts (the amount by which the total refund value of all containers sold by distributors exceeds the amount paid by distributors to persons in that State). Makes unclaimed refunds available to a State for carrying out pollution prevention and recycling programs. Prohibits distributors and retailers from: (1) selling beverages in metal beverage containers with detachable openings; and (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities. Makes this Act inapplicable to States that have adopted requirements substantially similar to those under this Act. Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Prescribes civil penalties for violations of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ports-to-Forts Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) Seaports serve vital national interests by supporting the mobilization and deployment of United States troops, facilitating the flow of trade, and creating jobs. (2) The Commercial Strategic Seaport Grant Program is designed to facilitate the movement of military forces securely through United States seaports with minimal disruptions to commerce. (3) The exponential growth of commercial cargo over the past 20 years has generated concern over the potential for conflict between military and commercial needs and about the future adequacy of the commercial strategic seaport infrastructure to meet national security requirements. (4) The existing infrastructure at seaports may not be readily available when required by the Department of Defense. SEC. 3. COMMERCIAL STRATEGIC SEAPORT GRANT PROGRAM. (a) In General.--The Maritime Administrator, subject to the availability of appropriations, may make a grant to a State or port authority to assist that State or port authority to conduct repair or construction activities relating to a commercial strategic seaport. (b) Application.-- (1) In general.--To be eligible for a grant under this section, a State or port authority shall submit to the Administrator, by not later than 1 year after publication of notice under paragraph (2), an application in such form and containing such information as the Administrator may require. The application shall include, at a minimum, a certification that any grant funds received by the State or port authority shall be used only as provided under subsection (c). (2) Notice.--Not later than 180 days after the date of enactment of this Act, the Administrator shall, in the Federal Register, publish notice that applications are being accepted for grants under subsection (a). (3) Application acceptability.--If the Administrator determines that an application received under paragraph (1) is incomplete or unacceptable, the Administrator shall-- (A) reject the application; and (B) advise the State or port authority that submitted the application of the reasons for the rejection. (4) Reapplication.--If the Administrator rejects a State's or port authority's application under paragraph (1), that State or port authority may submit an additional application under that paragraph not later than the end of the 1-year application period established under that paragraph. (c) Use of Funds.-- (1) State.--A State that receives a grant under subsection (a) may only use funds from such grant for direct or indirect costs of repair or construction activities relating to-- (A) a commercial strategic seaport; or (B) bridges, roads, rail systems, and other infrastructure in the vicinity of such seaport. (2) Port authority.--A port authority that receives a grant under subsection (a) may only use funds from such grant for direct or indirect costs of repair or construction activities relating to infrastructure that is part of the commercial strategic seaport. (d) Reporting Requirement.--Not later than 1 year after the date on which a State or port authority receives a grant under subsection (a), and annually thereafter until all repair or construction activities to be carried out under the grant are completed, the State or port authority shall submit a report to the Administrator that includes-- (1) a description of the progress made with respect to such activities; and (2) a detailed list of all expenses related to such activities. (e) Authorization of Use of Department of Defense Appropriations.-- Such sums as are necessary to carry out this section may be used by the Maritime Administrator from any amounts otherwise appropriated for the Department of Defense after the date of the enactment of this Act. (f) Definitions.--In this section: (1) Commercial strategic seaport.--The term ``commercial strategic seaport'' means a port (including bridges, roads, rail systems, and other infrastructure that is part of the port) that the Secretary of Defense has determined to be vital to the readiness and cargo throughput capacity of the Department of Defense. (2) Port authority.--The term ``port authority'' means a local port authority with jurisdiction over a commercial strategic seaport. (3) State.--The term ``State'' means each of the several States of the United States and Guam.", "summary": "Ports-to-Forts Act of 2012 - Directs the Administrator of the Maritime Administration to make grants to states or port authorities to cover the direct or indirect costs for repair or construction of: (1) commercial strategic seaports; or (2) bridges, roads, rail systems, and other infrastructure near such seaports."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Los Angeles Homeless Veterans Leasing Act of 2015''. SEC. 2. AUTHORITY TO ENTER INTO CERTAIN LEASES AT THE DEPARTMENT OF VETERANS AFFAIRS WEST LOS ANGELES CAMPUS. (a) In General.--The Secretary of Veterans Affairs may carry out leases described in subsection (b) at the Department of Veterans Affairs West Los Angeles Campus in Los Angeles, California. (b) Leases Described.--Leases described in this subsection are the following: (1) An enhanced-use lease of real property under subchapter V of chapter 81 of title 38, United States Code, for purposes of providing supportive housing, as that term is defined in section 8161(3) of such title. (2) A lease of real property for a term not to exceed 50 years to a third party to provide services that principally benefit veterans and their families and that are limited to one or more of the following purposes: (A) The promotion of health and wellness, including nutrition and spiritual wellness. (B) Education. (C) Vocational training, skills building, or other training related to employment. (D) Peer activities, socialization, or physical recreation. (E) Assistance with legal issues and Federal benefits. (F) Volunteerism. (G) Family support services, including child care. (H) Transportation. (I) Services in support of one or more of the purposes specified in subparagraphs (A) through (H). (3) A lease of real property for a term not to exceed 10 years to an institution of the State of California that has had a medical affiliation with the Department at the campus specified in subsection (a) for more than 20 years, if-- (A) the lease is consistent with the master plan described in subsection (e); (B) the provision of services to veterans is the predominant focus of the activities of the institution at the campus during the term of the lease; and (C) the institution expressly agrees to provide, during the term of the lease and to an extent and in a manner that the Secretary considers appropriate, services and support that-- (i) principally benefit veterans and their families, including veterans that are severely disabled, women, aging, or homeless; and (ii) may consist of activities relating to the medical, clinical, therapeutic, dietary, rehabilitative, legal, mental, spiritual, physical, recreational, research, and counseling needs of veterans and their families or any of the purposes specified in any of subparagraphs (A) through (I) of paragraph (2). (c) Limitation on Land-Sharing Agreements.--The Secretary may not carry out any land-sharing agreement pursuant to section 8153 of title 38, United States Code, at the campus specified in subsection (a) unless such agreement-- (1) provides additional health care resources to the campus; and (2) benefits veterans and their families other than from the generation of revenue for the Department of Veterans Affairs. (d) Prohibition on Sale of Property.--Notwithstanding section 8164 of title 38, United States Code, the Secretary may not sell or otherwise convey to a third party fee simple title to any real property or improvements to real property made at the campus specified in subsection (a). (e) Consistency With Master Plan.--The Secretary shall ensure that each lease carried out under this section is consistent with the new master plan under development as of the date of the enactment of this Act that will detail how the campus specified in subsection (a) will be used to benefit all veterans. (f) Compliance With Certain Laws.-- (1) Laws relating to leases and land use.--If the Inspector General of the Department of Veterans Affairs determines, as part of an audit report or evaluation conducted by the Inspector General, that the Department is not in compliance with all Federal laws relating to leases and land use at the campus specified in subsection (a), or that significant mismanagement has occurred with respect to leases or land use at the campus, the Secretary may not enter into any lease or land-sharing agreement at the campus, or renew any such lease or land-sharing agreement that is not in compliance with such laws, until the Secretary certifies to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the campus is located that all recommendations included in the audit report or evaluation have been implemented. (2) Compliance of particular leases.--No lease may be entered into or renewed under this section unless the lease complies with chapter 33 of title 41, United States Code, and all Federal laws relating to environmental and historic preservation. (g) Notification and Reports.-- (1) Congressional notification.--With respect to each lease or land-sharing agreement intended to be entered into or renewed at the campus specified in subsection (a), the Secretary shall notify the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the campus is located of the intent of the Secretary to enter into or renew the lease or land-sharing agreement not later than 45 days before entering into or renewing the lease or land-sharing agreement. (2) Annual report.--Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the campus specified in subsection (a) is located an annual report evaluating all leases and land- sharing agreements carried out at the campus. (3) Inspector general report.-- (A) In general.--Not later than each of two years and five years after the date of the enactment of this Act, and as determined necessary by the Inspector General of the Department of Veterans Affairs thereafter, the Inspector General shall submit to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the campus specified in subsection (a) is located a report on all leases carried out at the campus and the management by the Department of the use of land at the campus, including an assessment of the efforts of the Department to implement the master plan described in subsection (e) with respect to the campus. (B) Consideration of annual report.--In preparing each report required by subparagraph (A), the Inspector General shall take into account the most recent report submitted to Congress by the Secretary under paragraph (2). (h) Rule of Construction.--Nothing in this section shall be construed as a limitation on the authority of the Secretary to enter into other agreements regarding the campus specified in subsection (a) that are authorized by law and not inconsistent with this section. (i) Principally Benefit Veterans and Their Families Defined.--In this section the term ``principally benefit veterans and their families'', with respect to services provided by a person under a lease of property, land-sharing agreement, or revocable license agreement-- (1) means services-- (A) provided exclusively to veterans and their families; or (B) that are designed for the particular needs of veterans and their families, as opposed to the general public, and any benefit of those services to the general public is ancillary to the intended benefit to veterans and their families; and (2) excludes services in which the only benefit to veterans and their families is the generation of revenue for the Department of Veterans Affairs. (j) Conforming Amendments.-- (1) Prohibition on disposal of property.--Section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2272) is amended by striking ``The Secretary of Veterans Affairs'' and inserting ``Except as authorized under section 2 of the Los Angeles Homeless Veterans Leasing Act of 2015, the Secretary of Veterans Affairs''. (2) Enhanced-use leases.--Section 8162(c) of title 38, United States Code, is amended by inserting ``, other than an enhanced-use lease under section 2 of the Los Angeles Homeless Veterans Leasing Act of 2015,'' before ``shall be considered''.", "summary": "Los Angeles Homeless Veterans Leasing Act of 2015 This bill authorizes the Department of Veterans Affairs (VA) to carry out certain leases at the VA's West Los Angeles Campus in Los Angeles, California, for: (1) supportive housing; (2) health, education, family support, vocational training, and other services that principally benefit veterans and their families; and (3) a lease of real property to a California institution that has had a long-term medical affiliation with the VA at such Campus."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Medicare Mental Health Improvement Act''. (b) References to Social Security Act.--Whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 2. INPATIENT PSYCHIATRIC HOSPITAL SERVICES. (a) Services Covered.--Section 1812(a) (42 U.S.C. 1395d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) inpatient hospital services furnished primarily for the diagnosis or treatment of mental illness or substance abuse for up to 60 days during a year.''. (b) Limitation on Coverage.--Section 1812(b)(3) (42 U.S.C. 1395d(b)) is amended to read as follows: ``(3) inpatient hospital services furnished primarily for the diagnosis or treatment of mental illness or substance abuse that are furnished to the individual during a year after such services have been furnished to the individual for a total of 60 days during the year.''. (c) Conforming Amendments.--(1) Section 1812(a)(1) (42 U.S.C. 1395d(a)(1)) is amended by inserting ``(other than services described in paragraph (5))'' after ``inpatient hospital services'' the first place it appears. (2) Section 1812(b)(1) (42 U.S.C. 1395d(b)(1)) is amended by inserting ``(other than services described in paragraph (3))'' after ``inpatient hospital services'' the first place it appears. (3) Section 1812 (42 U.S.C. 1395d) is amended by striking subsection (c). (4) Section 1814(a) (42 U.S.C. 1395f(a)) is amended-- (A) in paragraph (2), by striking subparagraph (A); (B) in paragraph (3), by striking ``(other than inpatient psychiatric hospital services)''; and (C) by striking paragraph (4). (5) Section 1861 (42 U.S.C. 1395x) is amended by striking subsection (c). (d) Effective Date; Transition.--The amendments made by this section shall take effect January 1, 1996, except that-- (1) an individual who at any time prior to such date has been furnished inpatient psychiatric hospital services (as defined for purposes of title XVIII of the Social Security Act as of the date of the enactment of this Act) for 190 consecutive days is not entitled to any services under section 1812(a)(5) (as added by subsection (a)(3)); and (2) in the case of an individual who is not described in paragraph (1) and is receiving inpatient psychiatric hospital services (as defined for purposes of title XVIII of the Social Security Act as of the date of the enactment of this Act) on December 31, 1995, for which payment may be made under section 1812 of such Act, the number of days of services for which the individual is entitled under section 1812(a)(5) (and the number of days applicable under section 1812(b)(3)) shall be equal to the greater of 60 or the difference between 190 days and the number of days of such inpatient psychiatric hospital services furnished to the individual prior to January 1, 1996. SEC. 3. INTENSIVE RESIDENTIAL SERVICES. (a) Coverage Under Part A.--Section 1812(a) (42 U.S.C. 1395d(a)), as amended by section 2(a), is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(6) intensive residential services (as described in section 1861(qq)) furnished to an individual for up to 120 days during any calendar year, except that such services may be furnished to the individual for additional days during the year if necessary for the individual to complete a course of treatment to the extent that the number of days of inpatient hospital services described in paragraph (5) that may be furnished to the individual during the year (as reduced under such paragraph) is not less than 15.''. (2) Services described.--Section 1861 (42 U.S.C. 1395x), as amended by section 146(a) of the Social Security Act Amendments of 1994, is amended by adding at the end the following new subsection: ``Intensive Residential Services ``(mm)(1) Subject to paragraph (2), the term `intensive residential services' means inpatient services provided in any of the following facilities: ``(A) Residential detoxification centers. ``(B) Crisis residential programs or mental illness residential treatment programs. ``(C) Therapeutic family or group treatment homes. ``(D) Residential centers for substance abuse treatment. ``(2) No service may be treated as an intensive residential service under paragraph (1) unless the facility at which the service is provided-- ``(A) is legally authorized to provide such service under the law of the State (or under a State regulatory mechanism provided by State law) in which the facility is located or is certified to provide such service by an appropriate accreditation entity approved by the State in consultation with the Secretary; and ``(B) meets such other requirements as the Secretary may impose to assure the quality of the intensive residential services provided. ``(3) No service may be treated as an intensive residential service under paragraph (1) unless the service is furnished in accordance with standards established by the Secretary for the management of such services.''. (3) Reduction in days of coverage for inpatient services.-- Section 1812(a)(5) and section 1812(b)(3), as amended by section 2, are each amended by striking the period at the end and inserting the following: ``, reduced by a number of days determined by the Secretary so that the actuarial value of providing such number of days of services under this paragraph to the individual is equal to the actuarial value of the days of inpatient residential services furnished to the individual under paragraph (6) during the year after such services have been furnished to the individual for 120 days during the year (rounded to the nearest day).''. (4) Amount of payment.--Section 1814 (42 U.S.C. 1395f) is amended-- (A) in subsection (b) in the matter preceding paragraph (1), by inserting ``other than intensive residential services,'' after ``hospice care,''; and (B) by adding at the end the following new subsection: ``Payment for Intensive Residential Services ``(m) The amount of payment under this part for intensive residential services under section 1812(a)(6) shall be equal to-- ``(1) the lesser of-- ``(A) the reasonable cost of such services, as determined under section 1861(v), or ``(B) the customary charges with respect to such services, less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A): ``(2) if such services are furnished by a public provider of services or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this clause), free of charge or at nominal charges to the public, the amount determined in accordance with subsection (b)(2); and ``(3) if (and for so long as) the conditions described in subsection (b)(3) are met, the amounts determined under the reimbursement system described in such section.''. SEC. 4. LOWERING COINSURANCE FOR CERTAIN OUTPATIENT MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES. (a) In General.--Section 1833(c) (42 U.S.C. 1395l(c)) is amended by striking ``mental, psychoneurotic, and personality disorders'' and all that follows through ``are incurred'' and inserting the following: ``mental illness or substance abuse of an individual who, at the time such expenses are incurred, is over 18 years of age, is not an inpatient of a hospital, and has received 5 or more sessions of such treatment during the calendar year,''. (b) Requiring Services To Be Furnished in Accordance With Management Standards.--Section 1862(a) (42 U.S.C. 1395y(a)), as amended by section 156(a)(2)(D) of the Social Security Act Amendments of 1994, is amended-- (1) by striking ``or'' at the end of paragraph (14); (2) by striking the period at the end of paragraph (15) and inserting ``; or''; and (3) by inserting after paragraph (15) the following new paragraph: ``(16) in the case of any items or services furnished under part B for the treatment of mental illness or emotional disturbance (including substance abuse), if the services are not furnished in accordance with standards established by the Secretary for the management of such services.''. SEC. 5. INTENSIVE COMMUNITY-BASED SERVICES. (a) Coverage.-- (1) In general.--Section 1832(a)(2)(J) (42 U.S.C. 1395k(a)(2)(J)) is amended to read as follows: ``(J) intensive community-based services (as described in section 1861(ff))-- ``(i) for an unlimited number of days during any calendar year, in the case of services described in section 1861(ff)(2)(E) that are furnished to an individual who is a seriously mentally ill adult, a seriously emotionally disturbed child, or an adult or child with serious substance abuse disorder (as determined in accordance with criteria established by the Secretary), ``(ii) in the case of day treatment services for an individual under 19 years of age described in section 1861(ff)(2)(C), for up to 180 days during any calendar year, except that such services may be furnished to the individual for a number of additional days during the year equal to the difference between the total number of days of intensive residential services which the individual may receive during the year under part A (as determined under section 1812(a)(6)) and the number of days of such services which the individual has received during the year, or ``(iii) in the case of any other such services, for up to 90 days during any calendar year, except that such services may be furnished to the individual for the number of additional days during the year described in clause (ii).''. (2) Reduction in number of days of intensive residential services.--Section 1812(a)(6) (42 U.S.C. 1395d(a)(6)), as added by section 3(a), is amended-- (A) by inserting ``(A)'' before ``such services''; and (B) by striking the period at the end and inserting the following: ``, and (B) reduced by a number of days determined by the Secretary so that the actuarial value of providing such number of days of services under this paragraph to the individual is equal to the actuarial value of the days of intensive community-based services furnished to the individual under section 1832(a)(2)(J) during the year after such services have been furnished to the individual for 90 days (or, in the case of services described in section 1832(a)(2)(J)(ii), for 180 days) during the year (rounded to the nearest day).''. (b) Services Described.--Section 1861(ff)(2) (42 U.S.C. 1395x(ff)(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``are--'' and inserting ``are as follows:''; (2) in subparagraph (C)-- (A) by inserting ``behavioral aide services,'' after ``nurses'', and (B) by adding at the end the following: ``(to the extent authorized under State law)''; (3) by adding ``and'' at the end of subparagraph (G); (4) in subparagraph (H), by striking ``, and'' and inserting a period; (5) by redesignating subparagraphs (A) through (H) as clauses (i) through (viii) and moving such subparagraphs 2 ems to the right; (6) by inserting before clause (i) (as so redesignated) the following: ``(A) Partial hospitalization services consisting of--''; (7) by inserting after clause (viii) (as so redesignated) the following new subparagraphs: ``(B) Psychiatric rehabilitation services. ``(C) Day treatment services for substance abuse treatment for individuals of any age and for other mental health services for individuals under 19 years of age. ``(D) In-home services. ``(E) Case management services, including collateral services designated as such case management services by the Secretary. ``(F) Ambulatory detoxification services.''; and (8) in subparagraph (I)-- (A) by striking ``such'' and inserting ``Such'', and (B) by redesignating such subparagraph as subparagraph (G). (c) Permitting Non-Physician Providers To Supervise Individual Program of Treatment.--Section 1861(ff)(1) (42 U.S.C. 1395x(ff)(1)) is amended by inserting after ``supervision of a physician'' the following: ``(or, to the extent permitted under the law of the State in which the services are furnished, a non-physician mental health or substance abuse treatment professional)''. (d) Requiring Services To Meet Management Standards.--Section 1861(ff)(1) (42 U.S.C. 1395x(ff)(1)) is amended by striking the period at the end and inserting the following: ``, but does not include any item or service that is not furnished in accordance with standards established by the Secretary for the management of such services.''. (e) Programs Eligible To Provide Services.--Section 1861(ff)(3) (42 U.S.C. 1395x(ff)(3)) is amended to read as follows: ``(3) A program described in this paragraph is a program (whether facility-based or freestanding) which is furnished by an entity-- ``(A) legally authorized to furnish such a program under State law (or the State regulatory mechanism provided by State law) or certified to furnish such a program by an appropriate accreditation entity approved by the State in consultation with the Secretary; and ``(B) meeting such other requirements as the Secretary may impose to assure the quality of the intensive community-based services provided.''. (f) Waiver of Copayment for Case Management Services Furnished to Certain Individuals.--Section 1833(a)(2) (42 U.S.C. 1395l(a)(2)), as amended by section 147(f)(6)(C) of the Social Security Act Amendments of 1994, is amended-- (1) in subparagraph (B), by striking ``or (E)'' and inserting ``(E), or (F)''; (2) by striking ``and'' at the end of subparagraph (E); (3) by adding ``and'' at the end of subparagraph (F); and (4) by adding at the end the following new subparagraph: ``(G) with respect to services described in section 1832(a)(2)(J)(i), the amount determined under subparagraph (B), except that `100 percent' shall be substituted for any reference in such subparagraph to `80 percent';''. (g) Conforming Amendments.--(1) Section 1835(a)(2)(F) (42 U.S.C. 1395n(a)(2)(F)) is amended-- (A) by striking ``partial hospitalization'' and inserting ``intensive community-based''; and (B) in clause (ii), by striking ``physician'' and inserting ``physician (or, to the extent permitted under the law of the State in which the services are furnished, a non-physician mental health professional)''. (2) Section 1861(s)(2)(B) (42 U.S.C. 1395x(s)(2)(B)) is amended by striking ``partial hospitalization'' and inserting ``intensive community-based''. (3) Section 1861(ff) (42 U.S.C. 1395x(ff)) is amended-- (A) in the heading, by striking ``Partial Hospitalization'' and inserting ``Intensive Community-Based''; and (B) in paragraph (1), by striking ``partial hospitalization'' and inserting ``intensive community-based''. (4) Section 1866(e)(2) (42 U.S.C. 1395cc(e)(2)) is amended by striking ``partial hospitalization'' and inserting ``intensive community-based''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to items and services furnished on or after January 1, 1996.", "summary": "Medicare Mental Health Improvement Act - Amends title XVIII (Medicare) of the Social Security Act to: (1) include under Medicare coverage inpatient hospital services for up to 60 days during a year when furnished primarily for the diagnosis or treatment of mental illness or substance abuse; (2) require patient payment for services rendered beyond such limit; and (3) make such changes effective on January 1, 1996 (with exceptions and transition provisions). (Sec. 3) Includes under Medicare coverage the following \"intensive residential services\" for up to 120 days in a year: (1) residential detoxification centers; (2) crisis or mental illness residential treatment programs; (3) therapeutic family or group treatment homes; and (4) residential centers for substance abuse treatment. Requires facilities providing such services to be authorized to do so and to meet quality standards imposed by the Secretary of Health and Human Services. Allows additional days to be taken for intensive residential services from the 60 days permitted for inpatient hospital services (with an actuarial cost limit), requiring at least 15 days to be retained yearly for the latter services. Provides for the determination of payment amounts for intensive residential services. (Sec. 4) Subjects inpatient hospitalization and intensive residential services to the same deductibles and copayment as inpatient hospital services for physical disorders. (Sec. 5) Makes mental health case management services available with no copayment and for an unlimited duration for an adult with serious mental illness, a child with a serious emotional disturbance, or an adult or child with a serious substance abuse disorder. Makes day treatment available for up to 180 days annually for children under 19. Allows additional days for day treatment services for such children to be taken from intensive residential services (with an actuarial cost limit). Authorizes coverage for up to 90 days annually, with a 20 percent copayment requirement, for: (1) partial hospitalization; (2) psychiatric rehabilitation; (3) day treatment for substance abuse and for children under age 19; (4) in-home services; (5) case management; and (6) ambulatory detoxification. Permits non-physician mental health or substance abuse professionals to supervise an individual plan of treatment to the extent permitted under State law. Requires any program furnishing mental health or substance abuse services to be legally authorized under State law or accredited by an organization approved by the Secretary in consultation with the State. Requires such programs to meet standards established by the Secretary for the management of such services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Head Start Improvement Act of 2015''. SEC. 2. IMPROVEMENTS. The Head Start Act (42 U.S.C. 9831 et seq.) is amended to read as follows: ``SEC. 635. SHORT TITLE. ``This subchapter may be cited as the `Head Start Act'. ``SEC. 636. STATEMENT OF PURPOSE. ``It is the purpose of this subchapter to promote the school readiness of low-income children by enhancing their cognitive, social, and emotional development in a learning environment that supports children's growth in language, literacy, mathematics, science, social and emotional functioning, creative arts, physical skills, and approaches to learning. ``SEC. 637. DEFINITIONS. ``For purposes of this subchapter: ``(1) Delegate agency.--The term `delegate agency' means a public, private nonprofit (including a community-based organization, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), or for- profit organization or agency to which an eligible entity has delegated all or part of the responsibility of the grantee for administering funds under this subchapter. ``(2) Eligible entity.--The term `eligible entity' means the recipient of a subgrant under section 639(d)(3)(A). ``(3) Financial assistance.--The term `financial assistance' includes assistance provided by grant, agreement, or contract, and payments may be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments. ``(4) Grant recipient.--The term `grant recipient' means the recipient of a grant under section 639(a). ``(5) Indian tribe.--The term `Indian tribe' means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Native village described in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)) or established pursuant to such Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(6) Local educational agency.--The term `local educational agency' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(7) Low-income child.--The term `low-income child' means a child who is age 5 or younger, and is from a family with an income below 100 percent of the poverty line for the most recent fiscal year for which satisfactory data are available. ``(8) Poverty line.--The term `poverty line' means the official poverty line (as defined by the Office of Management and Budget)-- ``(A) adjusted to reflect the percentage change in the Consumer Price Index For All Urban Consumers, issued by the Bureau of Labor Statistics, occurring in the 1-year period or other interval immediately preceding the date such adjustment is made; and ``(B) adjusted for family size. ``(9) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(10) State.--The term `State' means a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. The term includes the Republic of Palau, except during any period for which a Compact of Free Association is in effect, contains provisions for early childhood education or development, and prohibits the assistance provided under this subchapter. ``SEC. 638. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this subchapter $8,598,000,000 for each of fiscal years 2016 through 2020. ``SEC. 639. BLOCK GRANTS TO ELIGIBLE STATES AND INDIAN TRIBES. ``(a) In General.--Notwithstanding any other provision of this subchapter, beginning on October 1 of the first fiscal year following the date of enactment of the Head Start Improvement Act of 2015, from the amounts appropriated to carry out this subchapter under section 638 for a fiscal year, the Secretary shall award grants to eligible States and Indian tribes from allotments made under subsection (b) in accordance with this section. ``(b) Allotments.-- ``(1) Formula.--The Secretary shall allot the amount appropriated under section 638 for a fiscal year among the eligible States and Indian tribes in proportion to the number of children, age 5 and younger, who are from families with incomes below 100 percent of the poverty line for the most recent fiscal year for which satisfactory data are available and who are in an eligible State or Indian tribe, compared to the number of such children for that fiscal year who are in all eligible States or Indian tribes. ``(2) Calculation.--For purposes of counting the number of children who are in an eligible State under paragraph (1), the children who are counted in an eligible Indian tribe in that State shall be excluded. ``(c) Application.--To be eligible to receive a grant under this section, a State or Indian tribe shall submit an application to the Secretary that includes the number of low-income children in the State or Indian tribe. ``(d) Use of Funds.-- ``(1) In general.--A grant recipient under this section shall use 100 percent of the grant funds-- ``(A) for prekindergarten education programs in the State or Indian tribe involved; ``(B) for the administration of the programs described in subparagraph (A); and ``(C) to provide direct technical assistance, oversight, monitoring, research, and training with respect to the programs described in subparagraph (A). ``(2) Certification.--The Governor, or other chief executive, of each grant recipient shall certify that all grant funds received under this section will be used to directly or indirectly provide comprehensive education and related services to low-income children and their families. ``(3) Grant recipient responsibilities.--A grant recipient shall-- ``(A) award subgrants to eligible entities (as defined by the grant recipient) to enable such entities to provide, directly or through a delegate agency, prekindergarten education programs in the State or Indian tribe involved; ``(B) establish rules and standards for the entities awarded subgrants under subparagraph (A); and ``(C) monitor compliance by entities awarded subgrants under subparagraph (A). ``(4) Flexibility.--Notwithstanding any other provision of Federal law (other than this section)-- ``(A) a grant recipient shall have full flexibility to use grant funds to finance a prekindergarten education provider, service, or program; and ``(B) in particular, to the extent permitted under State law, may use the grant funds to establish a portable voucher system that allows a parent of a low- income child to use a portion of the grant funds, other available public funds, or private funds to pay some or all of the costs of attendance at a private prekindergarten education program. ``(5) Members of indian tribes.--A member of an Indian tribe who is eligible to receive services pursuant to a program funded under this section may elect to receive such services from any eligible entity for the State or Indian tribe in which the member resides. ``(e) Matching Funds.--A grant recipient shall provide matching funds from non-Federal sources equal to 20 percent of the amount of the grant to carry out the activities described in this section. ``(f) Administrative Costs.--No eligible entity that receives a subgrant to provide a program under this subchapter shall use more than 15 percent of the subgrant funds for the administrative costs of the program. ``SEC. 640. LIMITATIONS ON ASSISTANCE. ``Nothing in this subchapter shall be construed to require a grant recipient to establish a publicly funded program of early childhood education and development, or to require any child to participate in such a publicly funded program, including a preschool program funded by a grant recipient, or to participate in any initial screening (other than a health screening) before participating in a publicly funded program of early childhood education and development, except as provided under sections 612(a)(3) and 635(a)(5) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(3), 1435(a)(5)). ``SEC. 641. GOALS; MONITORING. ``(a) Self-Assessments.--Not less frequently than once each program year, each grant recipient shall conduct a comprehensive self- assessment of the effectiveness and progress of the grant recipient's program under this subchapter in meeting program goals established by the grant recipient. The self-assessment shall include a determination of the number of low-income children served by the program carried out by the grant recipient under this subchapter. ``(b) Reports.--The grant recipient shall develop, and make available to the public, an online and searchable report containing the self-assessment, and an improvement plan to strengthen any areas identified in the self-assessment as weaknesses or in need of improvement. The report shall include the number of low-income children served by the program carried out by the grant recipient under this subchapter. ``(c) Ongoing Monitoring.--Each grant recipient shall establish and implement procedures for the ongoing monitoring of their respective programs, to ensure that the operations of the programs work toward meeting the program goals. ``SEC. 642. ADMINISTRATIVE REQUIREMENTS. ``Each grant recipient shall make available to the public a report published online at least once in each fiscal year that discloses the following information, from the most recently concluded fiscal year, except that reporting such information shall not reveal personally identifiable information about an individual child or parent: ``(1) The total amount of public and private funds received and the amount from each source. ``(2) An explanation of budgetary expenditures and proposed budget for the fiscal year. ``(3) The total number of children and families served, the average monthly enrollment (as a percentage of funded enrollment), and the percentage of eligible children served. ``(4) The results of the most recent self-assessment under section 641. ``(5) Information about parent involvement activities. ``(6) Information about the grant recipient's efforts to prepare children for kindergarten. ``SEC. 643. RECORDS. ``Each recipient of financial assistance under this subchapter shall keep records, including records which fully disclose the amount and disposition by such recipient of the proceeds of such financial assistance, the total cost of the program or activity in connection with which such financial assistance is given or used, and the amount of that portion of the cost of the program or activity supplied by other sources. ``SEC. 644. RESEARCH. ``(a) Study.--The Comptroller General of the United States shall conduct a study-- ``(1) of the different approaches and best practices used by States and Indian tribes in carrying out the program under this subchapter; and ``(2) that is limited to the information provided in the online reports made available by grant recipients under sections 641 and 642. ``(b) Report.--Not later than October 1 of the fourth fiscal year after the date of enactment referred to in section 639(a), the Comptroller General shall submit a report containing the results of the study to the appropriate committees of Congress. ``SEC. 645. NONDISCRIMINATION PROVISIONS. ``No grant recipient shall provide financial assistance for any program or activity under this subchapter unless the grant or contract relating to the financial assistance specifically provides that no person with responsibilities in the operation of the program or activity will discriminate with respect to any such program or activity because of race, creed, color, national origin, sex, political affiliation, or beliefs, or because of a disability in violation of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). ``SEC. 646. POLITICAL ACTIVITIES. ``(a) Restrictions.--A program assisted under this subchapter, and any individual employed by, or assigned to or in, a program assisted under this subchapter (during the hours in which such individual is working on behalf of such program), shall not engage in-- ``(1) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; ``(2) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or ``(3) assisting, promoting, or deterring union organization. ``(b) Registration.--No funds appropriated under this subchapter may be used to conduct voter registration activities. Nothing in this subchapter prohibits the availability of Head Start facilities during hours of operation for the use of any nonpartisan organization to increase the number of eligible citizens who register to vote in elections for Federal office. ``SEC. 647. ADVANCE FUNDING. ``For the purpose of affording adequate notice of funding available under this subchapter, appropriations for carrying out this subchapter are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. ``SEC. 648. GENERAL PROVISIONS. ``(a) Limitation.--Nothing in this subchapter shall be construed to authorize or permit the Secretary or any employee or contractor of the Department of Health and Human Services to mandate, direct, or control, the selection of a curriculum, a program of instruction, or instructional materials, for a Head Start program carried out by an eligible entity. ``(b) Special Rule.--Nothing in this subchapter shall be construed to authorize an eligible entity carrying out a program or activity or a local educational agency to require the other to select or implement a specific curriculum or program of instruction.''. SEC. 3. EFFECTIVE DATE. The amendment made by this Act shall apply beginning on October 1 of the first fiscal year following the date of enactment of the Improvement Act of 2015.", "summary": "Head Start Improvement Act of 2015 This bill amends the Head Start Act to replace the existing Head Start program with block grants to states and Indian tribes for prekindergarten (pre-K) education. Instead of providing direct financial assistance to Head Start agencies, the Department of Health and Human Services (HHS) shall allot block grant funds for pre-K education among eligible states and Indian tribes in accordance with their relative proportions of children, age five and younger, from low-income households. Grant recipients shall use the grant funds to: (1) award subgrants to eligible entities that provide pre-K education programs; (2) administer such programs; and (3) provide technical assistance, oversight, monitoring, research, and training. Under current law, HHS is authorized to designate, monitor, and establish standards for Head Start agencies. The bill instead shifts pre-K program oversight and control to states and Indian tribes, which shall have full flexibility to use grant funds to finance the pre-K programs of their choice. In addition, grant recipients may use grant funds to establish portable voucher systems that allow costs to be paid for attendance at private pre-K education programs. Under current law, federal financial assistance for a Head Start program is generally limited to 80% of total program costs. The bill maintains this limitation by requiring grant recipients to provide matching funds equal to 20% of the grant amount."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission On Reforming Entitlement Spending Act'' or the ``CORE Spending Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Commission On Reforming Entitlement Spending'' (hereinafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. (a) Mandatory Legislation Development.-- (1) Issues to address.--The Commission shall examine the long-term fiscal challenges facing the United States and develop legislation designed to address the following issues: (A) The unsustainable imbalance between long-term Federal spending commitments and projected revenues. (B) Increasing net national savings to provide for domestic investment and economic growth. (C) The implications of foreign ownership of debt instruments issued by the United States Government. (D) Improving the budget process to place greater emphasis on long-term fiscal issues. (2) Policy solutions.--Legislation developed to address the issues described in paragraph (1) may include the following: (A) Reforms that limit the growth of entitlement spending to ensure that the programs are fiscally sustainable. (B) Reforms that strengthen the safety net functions of entitlement programs to provide assistance to the neediest people. (C) Incentives to increase private savings. (D) Automatic stabilizers or triggers to enforce spending and revenue targets. (E) Any other reforms designed to address the issues described in paragraph (1). (3) Limitation.--The legislation developed under this subsection may not include any new, or any increase in an existing, Federal tax. (b) Optional Development of Cost Estimate Alternatives.--The Commission shall by an affirmative vote of 5 members develop not more than 2 methods for estimating the cost of legislation as an alternative to the method currently used by the Congressional Budget Office. Any such alternative method must be designed to address any flaws in the method currently used with regard to estimating the positive economic effects of legislation. SEC. 4. INITIAL TOWN HALL STYLE PUBLIC HEARINGS. (a) In General.--The Commission shall hold at least 1 town hall style public hearing within each Federal reserve district, and shall, to the extent feasible, ensure that there is broad public participation in the hearings. (b) Hearing Format.--During each hearing, the Commission shall present to the public, and generate comments and suggestions regarding, the issues described in section 3, policies designed to address the issues, and tradeoffs between the policies. SEC. 5. REPORT. The Commission shall, not later than 180 days after the date of enactment of this Act, submit a report to Congress and the President containing the following: (1) A detailed description of the activities of the Commission. (2) A summary of comments and suggestions generated from the town hall style public hearings. (3) A detailed statement of any findings of the Commission as to public preferences regarding the issues, policies, and tradeoffs presented in the town hall style public hearings. (4) A detailed description of the long-term fiscal problems faced by the United States. (5) A list of policy options for addressing those problems. (6) Criteria for the legislative proposal to be developed by the Commission. SEC. 6. LEGISLATIVE PROPOSAL. (a) In General.--Not later than 60 days after the date the report is submitted under section 5 and by a vote of two-thirds of the members, the Commission shall submit a legislative proposal to Congress and the President designed to address the issues described section 3. (b) Proposal Requirements.--The proposal must, to the extent feasible, be designed-- (1) to achieve generational equity and long-term economic stability; (2) to address the comments and suggestions of the public; and (3) to meet the criteria set forth in the Commission report. (c) Inclusion of Cost Estimate.--The Commission shall submit with the proposal-- (1) a long-term CBO cost estimate prepared under section 14 for the proposal; and (2) if an alternative cost estimate method is developed by the Commission, a 50-year cost estimate using such method. SEC. 7. MEMBERSHIP AND MEETINGS. (a) In General.--The Commission shall be composed of 15 voting members appointed pursuant to paragraph (1) and 2 nonvoting members described in paragraph (2). (1) Voting members.--(A) The President shall appoint 3 members, one of which the President shall appoint as chairperson of the Commission. (B) The Speaker of the House of Representatives shall appoint 3 members. (C) The minority leader of the House of Representatives shall appoint 3 members. (D) The majority leader of the Senate shall appoint 3 members. (E) The minority leader of the Senate shall appoint 3 members. (2) Nonvoting members.--The Comptroller General of the United States and the Director of the Congressional Budget Office shall each be nonvoting members of the Commission and shall advise and assist at the request of the Commission. (b) Limitation as to Members of Congress.--Each appointing authority described in subsection (a)(1) who is a Member of Congress may only appoint 1 Member of Congress to the Commission. (c) Date for Original Appointment.--The appointing authorities described in subsection (a)(1) shall appoint the initial members of the Commission not later than 30 days after the date of enactment of this Act. (d) Terms.-- (1) In general.--The term of each member is for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled not later than 30 days after such vacancy occurs and in the manner in which the original appointment was made. (e) Pay and Reimbursement.-- (1) No compensation for members of commission.--Except as provided in paragraph (2), a member of the Commission may not receive pay, allowances, or benefits by reason of their service on the Commission. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence under subchapter I of chapter 57 of title 5, United States Code. (f) Meetings.--The Commission shall meet upon the call of the chairperson or a majority of its voting members. (g) Quorum.--Six voting members of the Commission shall constitute a quorum, but a lesser number may hold hearings. SEC. 8. DIRECTOR AND STAFF OF COMMISSION. (a) Director.-- (1) In general.--Subject to subsection (c) and to the extent provided in advance in appropriation Acts, the Commission shall appoint and fix the pay of a director. (2) Duties.--The director of the Commission shall be responsible for the administration and coordination of the duties of the Commission and shall perform other such duties as the Commission may direct. (b) Staff.--In accordance with rules agreed upon by the Commission, subject to subsection (c), and to the extent provided in advance in appropriation Acts, the director may appoint and fix the pay of additional personnel. (c) Applicability of Certain Civil Service Laws.--The director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that pay fixed under subsection (a) may not exceed $150,000 per year and pay fixed under subsection (b) may not exceed a rate equal to the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of their regular employment without interruption. (e) Experts and Consultants.--In accordance with rules agreed upon by the Commission and to the extent provided in advance in appropriation Acts, the director may procure the services of experts and consultants under section 3109(b) of title 5, United States Code, but at rates not to exceed the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. SEC. 9. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission may, for the purpose of carrying out this Act, hold such hearings in addition to the town hall style public hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (e) Contract Authority.--To the extent provided in advance in appropriation Acts, the Commission may enter into contracts to enable the Commission to discharge its duties under this Act. (f) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 10. TERMINATION. The Commission shall terminate 60 days after submitting its legislative proposal. SEC. 11. ALTERNATIVE LEGISLATIVE PROPOSAL OF PRESIDENT. The President may, not later than 60 days after the Commission submits its legislative proposal, submit to Congress an alternative to the legislative proposal submitted by the Commission. SEC. 12. ALTERNATIVE LEGISLATIVE PROPOSAL OF THE COMMITTEE ON THE BUDGET. The Committee on the Budget of either House may, in consultation with the relevant committees of their respective House and not later than 60 days after the Commission submits its legislative proposal, have published in the Congressional Record an alternative to the legislative proposal submitted by the Commission. SEC. 13. CONSIDERATION OF LEGISLATION. (a) Introduction.--On the first legislative day after the Commission submits its legislative proposal, the Speaker of the House of Representatives and the Majority Leader of the Senate shall introduce (by request) the legislation submitted by the Commission. (b) In the House of Representatives.-- (1) Privileged consideration.--In the House of Representatives, if a committee to which the legislation has been referred has not reported the legislation before the expiration of the 60-day period described in section 12, then-- (A) that committee shall be discharged from consideration of the legislation; (B) the legislation shall be placed on the appropriate calendar; and (C) a motion to proceed to the consideration of the legislation is highly privileged and is not debatable. (2) Amendments limited.-- (A) In general.--Except as provided in subparagraph (B), an amendment to the legislation may not be offered in the House of Representatives. (B) Permitted amendments.--(i) Any Member may offer, as an amendment in the nature of a substitute, the alternative legislative proposal submitted by the President. (ii) Any Member may offer, as an amendment in the nature of a substitute, the alternative legislative proposal submitted by the Commission. (iii) The chairman of the House Committee on the Budget may offer, as an amendment in the nature of a substitute, the alternative legislative proposal published in the Congressional Record by the House Committee on the Budget. (C) Points of order.--An amendment offered under subparagraph (B) is subject to a point of order if-- (i) the amendment is not accompanied by a long-term CBO cost estimate of the amendment; or (ii) the long-term CBO cost estimate of the amendment exceeds the long-term CBO cost estimate of the legislative proposal submitted by the Commission. (D) Multiple amendments.--If more than one amendment is offered under this paragraph, then each amendment shall be considered separately, and the amendment receiving both a majority and the highest number of votes shall be the amendment adopted. SEC. 14. LONG-TERM CBO COST ESTIMATE. (a) Preparation and Submission.--When the Commission, the President, or the chairman of the Committee on the Budget of either House submits a written request to the Director of the Congressional Budget Office for a long-term CBO cost estimate of legislation proposed under this Act or an amendment referred to in section 13(b)(2)(B), the Director shall prepare the estimate and have it published in the Congressional Record as expeditiously as possible. (b) Content.--A long-term CBO cost estimate shall include-- (1) an estimate of the cost of each provision of the legislation or amendment for first fiscal year it would take effect and for each of the 50 fiscal years thereafter; and (2) a statement of any estimated future costs not reflected by the estimate described in paragraph (1).", "summary": "Commission On Reforming Entitlement Spending Act, or CORE Spending Act - Establishes the Commission On Reforming Entitlement Spending to examine the long-term fiscal challenges facing the United States and develop legislation designed to address them. Authorizes the President and the House or Senate Budget Committee to submit alternatives to the legislative proposal submitted by the Commission. Requires the Director of the Congressional Budget Office (CBO) to prepare a long-term cost estimate of legislation proposed under this Act or a related amendment, and have it published in the Congressional Record as expeditiously as possible."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Tax Revenue Nondiscrimination Act of 1997''. SEC. 2. REPEAL PROVISIONS GRANTING PROPERTY TAX RELIEF TO CERTAIN ENTITIES IN THE DISTRICT OF COLUMBIA. (a) In General.-- (1) American chemical society; american forestry association; brookings institution; carnegie institution of washington, dc; medical society of the district of columbia; national academy of sciences; american pharmaceutical association; national geographic society; national lutheran home; american association to promote the teaching of speech to the deaf.--Section 1(k) of the Act entitled ``An Act to define real property exempt from taxation in the District of Columbia'', approved December 24, 1942 (D.C. Code 47-1002(11)) is hereby repealed. (2) Disabled american veterans.--The Act entitled ``An Act to exempt from taxation certain property of the Disabled American Veterans in the District of Columbia'', approved May 15, 1946 (D.C. Code 47-1003) is hereby repealed. (3) National society of the colonial dames of america.--The Act entitled ``An Act to exempt from taxation certain property of the National Society of the Colonial Dames of America in the District of Columbia'', approved September 7, 1949 (D.C. Code 47-1004) is hereby repealed. (4) Jewish war veterans, u.s.a., national memorial incorporated.-- Public Law 98-486 (D.C. Code 47-1005) is hereby repealed. (5) Louise home.--The Act entitled, ``An Act to incorporate the trustees of the Louise Home, and for other purposes'', approved March 3, 1875 (D.C. Code 47-1012) is hereby repealed. (6) Oak hill.--Section 10 of the Act entitled ``An Act to incorporate the Oak Hill Cemetery, in the District of Columbia'', approved March 3, 1849 (D.C. Code 47-1015) is hereby repealed. (7) Corcoran gallery of art.-- (A) Real property and works of art.--Section 4 of the Act entitled ``An Act to incorporate the Trustees of the Corcoran Gallery of Art, and for other purposes'', approved May 24, 1870 (D.C. Code 47-1016) is hereby repealed. (B) Endowment fund.--The Act entitled ``An Act to exempt from taxation all property held by the trustees of the Corcoran Gallery of Art, and for other purposes'', approved January 26, 1887 (D.C. Code 47- 1017) is hereby repealed. (8) Luther statue association.--Section 4 of the Act entitled ``An Act to incorporate the Luther Statue Association, to erect and maintain a monument or statue in memory of Martin Luther in the District of Columbia'', approved March 3, 1885 (D.C. Code 47-1019) is hereby repealed. (9) Young woman's christian association.-- (A) Young women's christian home.--Section 2 of the Act entitled ``An Act to incorporate the trustees of the Young Woman's Christian Home in Washington, District of Columbia'', approved February 23, 1887 (D.C. Code 47-1021) is amended by striking ``: Provided,'' and all that follows and inserting a period. (B) Property.--Section 1 of the Act entitled ``An Act to exempt the property of the Young Women's Christian Association in the District of Columbia from national and municipal taxation'', approved June 16, 1938 (D.C. Code 47-1022) is amended by striking ``and municipal''. (10) Young men's christian association.--The Act entitled ``An Act to exempt the property of the Young Men's Christian Association of the District of Columbia'', approved June 16, 1894 (D.C. Code 47-1024) is hereby repealed. (11) Edes home.--Section 2 of the Act entitled ``An Act to incorporate the Edes Home'', approved January 1, 1906 (D.C. Code 47-1026) is amended by striking the second sentence. (12) General education board.--Section 6 of the Act entitled ``An Act to incorporate the General Education Board'', approved January 12, 1903 (D.C. Code 47-1027) is hereby repealed. (13) Daughters of the american revolution.--The following provisions of law are hereby repealed: (A) The Act entitled ``An Act to exempt from taxation certain property of the Daughters of the American Revolution in Washington, District of Columbia'', approved May 21, 1924 (D.C. Code 47-1028). (B) The Act entitled ``An Act to exempt from taxation certain property of the Daughters of the American Revolution in Washington, District of Columbia'', approved February 27, 1903 (D.C. Code 47- 1029). (C) The Act entitled ``An Act to exempt from taxation certain property of the Daughters of the American Revolution in Washington, District of Columbia'', approved September 16, 1922 (D.C. Code 47- 1030). (D) The Act entitled ``An Act to exempt from taxation certain property of the Daughters of the American Revolution in Washington, District of Columbia'', approved August 15, 1916 (D.C. Code 47- 1031). (E) The Act entitled ``An Act to exempt from taxation certain property of the Daughters of the American Revolution in Washington, District of Columbia'', approved March 3, 1917 (D.C. Code 47-1032). (14) National society united states daughters of 1812.--The Act entitled ``An Act to exempt from taxation certain property of the National Society United States Daughters of 1812 in the District of Columbia'', approved June 4, 1934 (D.C. Code 47- 1033) is hereby repealed. (15) National society of the sons of the american revolution.--The Act entitled ``An Act to exempt from taxation certain property of the National Society of the Sons of the American Revolution'', approved June 16, 1934 (D.C. Code 47- 1034) is hereby repealed. (16) American legion.--The Act entitled ``An Act to exempt from taxation certain property of the American Legion in the District of Columbia'', approved June 13, 1934 (D.C. Code 47- 1035) is hereby repealed. (17) National education association.--Section 4 of the Act entitled ``An Act to incorporate the National Education Association of the United States'', approved June 30, 1906 (D.C. Code 47-1036) is hereby repealed. (18) Society of the cincinnati.--The Act entitled ``An Act to exempt from taxation certain property of the Society of the Cincinnati, a corporation of the District of Columbia'', approved February 24, 1938 (D.C. Code 47-1037) is hereby repealed. (19) American veterans of wwii.--The Act entitled ``An Act to exempt from taxation certain property of the AMVETS, American Veterans of WWII, in the District of Columbia'', approved June 28, 1952 (D.C. Code 47-1038) is hereby repealed. (20) Veterans of foreign wars.--The Act entitled ``An Act to exempt from taxation certain property of the Veterans of Foreign Wars in the District of Columbia'', approved July 19, 1954 (D.C. Code 47-1039) is hereby repealed. (21) National woman's party.--Public Law 86-706 (D.C. Code 47-1040) is hereby repealed. (22) American association of university women, educational foundation, incorporated.--Public Law 86-709 (D.C. Code 47- 1041) is hereby repealed. . (23) National guard association of the united states.-- Public Law 86-727 (D.C. Code 47-1042) is hereby repealed. (24) Woodrow wilson house.--Public Law 88-470 (D.C. Code 47-1043) is hereby repealed. (25) American institute of architects foundation.--Section 203 of the District of Columbia Revenue Act of 1970 (D.C. Code 47-1044) is hereby repealed. (b) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after December 1997. SEC. 3. PERMITTING DISTRICT OF COLUMBIA TO TAX CERTAIN GOVERNMENT- SPONSORED ENTERPRISES. (a) Federal National Mortgage Association.--Section 309(c)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723a(c)(2)) is amended by striking ``States, or by the District of Columbia'' and inserting ``States (other than the District of Columbia)''. (b) Federal Home Loan Mortgage Corporation.--Section 303(e) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452(e)) is amended by striking ``authority,'' and inserting ``authority (other than the District of Columbia)''. (c) Student Loan Marketing Association.--Section 439(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087-2(b)(2)) is amended by striking ``States, or by the District of Columbia'' and inserting ``States (other than the District of Columbia)''. (d) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after December 1997.", "summary": "District of Columbia Tax Revenue Nondiscrimination Act of 1997 - Repeals various District of Columbia Code property tax exemptions for specified organizations located in the District of Columbia. Amends specified Federal laws to permit the District of Columbia Government to tax: (1) the Federal National Mortgage Association (FANNIE MAE); (2) the Federal Home Loan Mortgage Corporation (FREDDIE MAC); and (3) the Student Loan Marketing Association (SALLIE MAE)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Accessing Medicare Therapies Act of 2013''. SEC. 2. COUNTING THE NEGOTIATED PRICE OF DRUGS PROVIDED FREE OR AT NOMINAL CHARGE UNDER COMPASSIONATE TREATMENT PROGRAMS TOWARDS INCURRED OUT-OF-POCKET COSTS. (a) In General.--Section 1860D-2(b)(4) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)) is amended-- (1) in subparagraph (C), by striking ``subparagraph (E)'' and inserting ``subparagraphs (E) and (F)''; and (2) by adding at the end the following new subparagraph: ``(F) Inclusion of negotiated price of drugs provided under compassionate treatment programs.-- ``(i) In general.--In applying subparagraph (A) with respect to an individual enrolled in a prescription drug plan, incurred costs shall include the negotiated price described in clause (ii) of a covered part D drug if-- ``(I) the drug is classified, for purposes of applying tiered copayments consistent with section 1860D- 2(b)(2)(B), in the highest copayment tier (such as a tier 4 for specialty brand-name drugs); ``(II) the drug is furnished to the individual free or at nominal charge under a compassionate treatment program (as defined in clause (iii)); and ``(III) the drug, if furnished other than through such program, is covered under the formulary of the plan or is available through exception or appeal. ``(ii) Negotiated price.--The negotiated price described in this clause, for a covered part D drug which is dispensed to an enrollee-- ``(I) by a pharmacy, is the negotiated price at such pharmacy; or ``(II) other than by a pharmacy, is the average negotiated price for the drug in the prescription drug plan in the zip code of the enrollee as of the date the drug is dispensed. ``(iii) Compassionate treatment program defined.--In this subparagraph, the term `compassionate treatment program' means, with respect to covered part D drugs, a program that-- ``(I) is administered by an entity described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from tax under section 501(a) of such Code; ``(II) takes title to the drugs and distributes the drugs to eligible part D individuals free or at nominal charge on the basis of the entity's assessment of financial need of such individuals; ``(III) does not distribute the drugs to an individual unless the individual's household income (as determined under section 36B of the Internal Revenue Code of 1986) is less than the maximum income level for the taxpayer in the household to be eligible for a refundable credit under such section; and ``(IV) meets such additional requirements as the Inspector General of the Department of Health and Human Services establishes, consistent with guidance and advisory opinions issued under section 1128D, to prevent fraud or abuse in the application of this subparagraph.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to drugs furnished in plan years beginning on or after January 1, 2014.", "summary": "Accessing Medicare Therapies Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, with respect to cost-sharing under a prescription drug plan, to require incurred costs to include the negotiated price of a covered part D drug if the drug is: (1) classified in the highest copayment tier; (2) furnished to the individual free or at nominal charge under a compassionate treatment program; and (3) covered under the formulary of the plan, if the drug is furnished other than through such a program, or is available through exception or appeal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Terrorism Improvements Act of 2006''. SEC. 2. TERRORIST OFFENSE RESULTING IN DEATH. (a) New Offense.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2339E. Terrorist offenses resulting in death ``(a) Whoever, in the course of committing a terrorist offense, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life. ``(b) As used in this section, the term `terrorist offense' means-- ``(1) a felony offense that is-- ``(A) a Federal crime of terrorism as defined in section 2332b(g), other than an offense under section 1363; or ``(B) an offense under this chapter, section 175, 175b, 229, or 831, or section 236 of the Atomic Energy Act of 1954; or ``(2) a Federal offense that is an attempt or conspiracy to commit an offense described in paragraph (1).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by adding at the end the following new item: ``2339E. Terrorist offenses resulting in death.''. SEC. 3. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES. (a) Participation in Nuclear and Weapons of Mass Destruction Threats to the United States.--Section 832(c) of title 18, United States Code, is amended by inserting ``punished by death if death results to any person from the offense, or'' after ``shall be''. (b) Missile Systems to Destroy Aircraft.--Section 2332g(c)(3) of title 18, United States Code, is amended by inserting ``punished by death or'' after ``shall be''. (c) Atomic Weapons.--The last sentence of section 222 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by inserting ``death or'' before ``imprisonment for life'' the last place it appears. (d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title 18, United States Code, is amended by inserting ``death or'' before ``imprisonment for life''. (e) Variola Virus.--Section 175c(c)(3) of title 18, United States Code, is amended by inserting ``death or'' before ``imprisonment for life''. SEC. 4. INCREASE IN CERTAIN PENALTIES. (a) Section 2332(b)(1).--Section 2332(b)(1) of title 18, United States Code, is amended by striking ``20 years'' and inserting ``30 years''. (b) Section 2332(c).--Section 2332(c) of title 18, United States Code, is amended by striking ``ten years'' and inserting ``20 years''. (c) Section 2339C(d).--Section 2339C(d) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``20 years'' and inserting ``30 years''; and (2) in paragraph (2), by striking ``10 years'' and inserting ``20 years''. SEC. 5. MODERNIZATION OF STATE OF MIND REQUIREMENT FOR SECTION 2339C OFFENSES. Section 2339C of title 18, United States Code, is amended by striking ``unlawfully and wilfully'' and inserting ``knowingly''. SEC. 6. PROVIDING MATERIAL SUPPORT TO TERRORIST GROUPS. (a) Providing Material Support to Terrorists.--Section 2339A(a) of title 18, United States Code, is amended by striking ``, imprisoned not more than 15 years,'' and all that follows through ``life.'' and inserting ``and imprisoned for not less than 10 years or for life, and, if the death of any person results, shall be imprisoned for not less than 30 years or for life.''. (b) Receiving Military-Type Training From a Foreign Terrorist Organization.--Section 2339D of title 18, United States Code, is amended by striking ``or imprisoned for ten years, or both.'' and inserting ``and imprisoned for not less than 3 years and not more than 15 years.''. SEC. 7. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS. (a) In General.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2339F. Denial of Federal benefits to terrorists ``(a) In General.--Any individual who is convicted of a Federal crime of terrorism (as defined in section 2332b(g)) shall, as provided by the court on motion of the Government, be ineligible for any or all Federal benefits for any term of years or for life. ``(b) Federal Benefit Defined.--As used in this section, `Federal benefit' has the meaning given that term in section 421(d) of the Controlled Substances Act (21 U.S.C. 862(d)).''. (b) Table of Sections Amendment.--The table of sections of chapter 113B of title 18, United States Code, is amended by inserting at the end the following: ``2339F. Denial of Federal benefits to terrorists.''. SEC. 8. WIRETAP PREDICATE. Section 2516(q) of title 18, United States Code, is amended by striking ``section 2332'' and all that follows through ``2339C'' and inserting ``chapter 113B''. SEC. 9. ADDITION OF ATTEMPTS AND CONSPIRACIES TO AN OFFENSE RELATING TO MILITARY TRAINING. Section 2339D of title 18, United States Code, is amended by inserting ``, or attempts or conspires to receive,'' after ``receives''.", "summary": "Criminal Terrorism Improvements Act of 2006 - Amends the federal criminal code to impose the death penalty or life imprisonment on individuals who cause the death of a person while committing a terrorist act. Authorizes the death penalty for: (1) developing, possessing, or threatening to use radiological weapons against a person or against U.S. property; (2) causing the death of an individual by using missile systems designed to destroy aircraft, by using radiological dispersal devices, or by using the variola virus; and (3) use of atomic weapons with intent to injure the United States. Increases criminal penalties for: (1) attempting or conspiring to kill a U.S. national; (2) engaging in physical violence with the intent to injure a U.S. national; (3) financing terrorism or concealing assets to be used for terrorist activities; and (4) providing material support to terrorists or receiving military-type training from a foreign terrorist organization. Amends the crime of receiving military-type training from a foreign terrorist organization to include attempts or conspiracies to receive such training. Denies certain federal benefits to individuals convicted of a federal crime of terrorism. Expands the authorization for interception of communications (wiretapping) to include all federal crimes of terrorism."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Protecting Girls by Preventing Child Marriage Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Child marriage, also known as ``forced marriage'' or ``early marriage'', is a harmful traditional practice that deprives girls of their dignity and human rights. (2) Child marriage as a traditional practice, as well as through coercion or force, is a violation of article 16 of the Universal Declaration of Human Rights, which states, ``Marriage shall be entered into only with the free and full consent of intending spouses''. (3) According to the United Nations Children's Fund (UNICEF), an estimated 60,000,000 girls in developing countries now ages 20 through 24 were married under the age of 18, and if present trends continue more than 100,000,000 more girls in developing countries will be married as children over the next decade, according to the Population Council. (4) Between \\1/2\\ and \\3/4\\ of all girls are married before the age of 18 in Niger, Chad, Mali, Bangladesh, Guinea, the Central African Republic, Mozambique, Burkina Faso, and Nepal, according to Demographic Health Survey data. (5) Factors perpetuating child marriage include poverty, a lack of educational or employment opportunities for girls, parental concerns to ensure sexual relations within marriage, the dowry system, and the perceived lack of value of girls. (6) Child marriage has negative effects on the health of girls, including significantly increased risk of maternal death and morbidity, infant mortality and morbidity, obstetric fistula, and sexually transmitted diseases, including HIV/AIDS. (7) According to the United States Agency for International Development (USAID), increasing the age at first birth for a woman will increase her chances of survival. Currently, pregnancy and childbirth complications are the leading cause of death for women 15 to 19 years old in developing countries. (8) Most countries with high rates of child marriage have a legally established minimum age of marriage, yet child marriage persists due to strong traditional norms and the failure to enforce existing laws. (9) Secretary of State Hillary Clinton has stated that child marriage is ``a clear and unacceptable violation of human rights'', and that ``the Department of State categorically denounces all cases of child marriage as child abuse''. (10) According to an International Center for Research on Women analysis of Demographic and Health Survey data, areas or regions in developing countries in which 40 percent or more of girls under the age of 18 are married are considered high- prevalence areas for child marriage. (11) Investments in girls' schooling, creating safe community spaces for girls, and programs for skills building for out-of-school girls are all effective and demonstrated strategies for preventing child marriage and creating a pathway to empower girls by addressing conditions of poverty, low status, and norms that contribute to child marriage. SEC. 3. CHILD MARRIAGE DEFINED. In this Act, the term ``child marriage'' means the marriage of a girl or boy, not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident or, where there is no such law, under the age of 18. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) child marriage is a violation of human rights, and the prevention and elimination of child marriage should be a foreign policy goal of the United States; (2) the practice of child marriage undermines United States investments in foreign assistance to promote education and skills building for girls, reduce maternal and child mortality, reduce maternal illness, halt the transmission of HIV/AIDS, prevent gender-based violence, and reduce poverty; and (3) expanding educational opportunities for girls, economic opportunities for women, and reducing maternal and child mortality are critical to achieving the Millennium Development Goals and the global health and development objectives of the United States, including efforts to prevent HIV/AIDS. SEC. 5. STRATEGY TO PREVENT CHILD MARRIAGE IN DEVELOPING COUNTRIES. (a) Assistance Authorized.-- (1) In general.--The President is authorized to provide assistance, including through multilateral, nongovernmental, and faith-based organizations, to prevent the incidence of child marriage in developing countries through the promotion of educational, health, economic, social, and legal empowerment of girls and women. (2) Priority.--In providing assistance authorized under paragraph (1), the President shall give priority to-- (A) areas or regions in developing countries in which 40 percent or more of girls under the age of 18 are married; and (B) activities to-- (i) expand and replicate existing community-based programs that are successful in preventing the incidence of child marriage; (ii) establish pilot projects to prevent child marriage; and (iii) share evaluations of successful programs, program designs, experiences, and lessons. (b) Strategy Required.-- (1) In general.--The President shall establish a multi-year strategy to prevent child marriage and promote the empowerment of girls at risk of child marriage in developing countries, which should address the unique needs, vulnerabilities, and potential of girls under age 18 in developing countries. (2) Consultation.--In establishing the strategy required by paragraph (1), the President shall consult with Congress, relevant Federal departments and agencies, multilateral organizations, and representatives of civil society. (3) Elements.--The strategy required by paragraph (1) shall-- (A) focus on areas in developing countries with high prevalence of child marriage; (B) encompass diplomatic initiatives between the United States and governments of developing countries, with attention to human rights, legal reforms, and the rule of law; (C) encompass programmatic initiatives in the areas of education, health, income generation, changing social norms, human rights, and democracy building; and (D) be submitted to Congress not later than one year after the date of the enactment of this Act. (c) Report.--Not later than three years after the date of the enactment of this Act, the President should submit to Congress a report that includes-- (1) a description of the implementation of the strategy required by subsection (b); (2) examples of best practices or programs to prevent child marriage in developing countries that could be replicated; and (3) an assessment, including data disaggregated by age and sex to the extent possible, of current United States funded efforts to specifically prevent child marriage in developing countries. (d) Coordination.--Assistance authorized under subsection (a) shall be integrated with existing United States development programs. (e) Activities Supported.--Assistance authorized under subsection (a) may be made available for activities in the areas of education, health, income generation, agriculture development, legal rights, democracy building, and human rights, including-- (1) support for community-based activities that encourage community members to address beliefs or practices that promote child marriage and to educate parents, community leaders, religious leaders, and adolescents of the health risks associated with child marriage and the benefits for adolescents, especially girls, of access to education, health care, livelihood skills, microfinance, and savings programs; (2) support for activities to educate girls in primary and secondary school at the appropriate age and keeping them in age-appropriate grade levels through adolescence; (3) support for activities to reduce education fees and enhance safe and supportive conditions in primary and secondary schools to meet the needs of girls, including-- (A) access to water and suitable hygiene facilities, including separate lavatories and latrines for girls; (B) assignment of female teachers; (C) safe routes to and from school; and (D) eliminating sexual harassment and other forms of violence and coercion; (4) support for activities that allow adolescent girls to access health care services and proper nutrition, which is essential to both their school performance and their economic productivity; (5) assistance to train adolescent girls and their parents in financial literacy and access economic opportunities, including livelihood skills, savings, microfinance, and small- enterprise development; (6) support for education, including through community and faith-based organizations and youth programs, that helps remove gender stereotypes and the bias against girls used to justify child marriage, especially efforts targeted at men and boys, promotes zero tolerance for violence, and promotes gender equality, which in turn help to increase the perceived value of girls; (7) assistance to create peer support and female mentoring networks and safe social spaces specifically for girls; and (8) support for local advocacy work to provide legal literacy programs at the community level to ensure that governments and law enforcement officials are meeting their obligations to prevent child and forced marriage. SEC. 6. RESEARCH AND DATA. It is the sense of Congress that the President and all relevant agencies should, as part of their ongoing research and data collection activities-- (1) collect and make available data on the incidence of child marriage in countries that receive foreign or development assistance from the United States where the practice of child marriage is prevalent; and (2) collect and make available data on the impact of the incidence of child marriage and the age at marriage on progress in meeting key development goals. SEC. 7. DEPARTMENT OF STATE'S COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. The Foreign Assistance Act of 1961 is amended-- (1) in section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection: ``(g) The report required by subsection (d) shall include, for each country in which child marriage is prevalent, a description of the status of the practice of child marriage in such country. In this subsection, the term `child marriage' means the marriage of a girl or boy, not yet the minimum age for marriage stipulated in law or under the age of 18 if no such law exists, in the country in which such girl or boy is a resident.''; and (2) in section 502B (22 U.S.C. 2304), by adding at the end the following new subsection: ``(i) The report required by subsection (b) shall include, for each country in which child marriage is prevalent, a description of the status of the practice of child marriage in such country. In this subsection, the term `child marriage' means the marriage of a girl or boy, not yet the minimum age for marriage stipulated in law or under the age of 18 if no such law exists, in the country in which such girl or boy is a resident.''. Passed the Senate December 1, 2010. Attest: NANCY ERICKSON, Secretary.", "summary": "International Protecting Girls by Preventing Child Marriage Act of 2010 - (Sec. 3) Defines \"child marriage\" as the marriage of a girl or boy not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident, or where there is no such law, under the age of 18. (Sec. 4) Expresses the sense of Congress that: (1) child marriage is a violation of human rights and its prevention and elimination should be a U.S. foreign policy goal; and (2) expanding educational opportunities for girls, economic opportunities for women, and reducing maternal and child mortality are critical to achieving the Millennium Development Goals and U.S. global health and development objectives, including efforts to prevent HIV/AIDS. (Sec. 5) Authorizes the President to provide assistance, including through multilateral, nongovernmental, and faith-based organizations, to prevent child marriage in developing countries and to promote the educational, health, economic, social, and legal empowerment of girls and women. Sets forth priority assistance criteria. Directs the President to establish a multi-year strategy to prevent child marriage and promote the empowerment of girls at risk of child marriage in developing countries, and should include addressing the unique needs, vulnerabilities, and potential of girls under age 18 in developing countries. Sets forth strategy elements. (Sec. 6) Expresses the sense of Congress that the President and all relevant agencies should collect and make available data on: (1) the incidence of child marriage in countries that receive U.S. foreign or development assistance where the practice of child marriage is prevalent; and (2) the impact of the incidence of child marriage and the age at marriage on progress in meeting key development goals. (Sec. 7) Amends the Foreign Assistance Act of 1961 to require that Department of State country reports on human rights practices include a description of the status of child marriage for each country in which child marriage is prevalent."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Arches National Park Expansion Act of 1998''. SEC. 2. EXPANSION OF ARCHES NATIONAL PARK, UTAH. (a) Boundary Expansion.--The first section of Public Law 92-155 (16 U.S.C. 272) is amended-- (1) by striking ``That (a) subject to'' and inserting the following: ``SECTION 1. ESTABLISHMENT OF PARK. ``(a) In General.-- ``(1) Initial boundaries.--Subject to''; and (2) by striking ``Such map'' and inserting the following: ``(2) Expanded boundaries.--Effective on the date of enactment of this paragraph, the boundary of the park shall include the area consisting of approximately 3,140 acres and known as the `Lost Spring Canyon Addition', as depicted on the map entitled `Boundary Map, Arches National Park, Lost Spring Canyon Addition', numbered 138/60,000-B, and dated April 1997. ``(3) Maps.--The maps described in paragraphs (1) and (2)''. (b) Inclusion of Land in Park.--Section 2 of Public Law 92-155 (16 U.S.C. 272a) is amended-- (1) by striking ``Sec. 2. The Secretary'' and inserting the following: ``SEC. 2. ACQUISITION OF PROPERTY. ``(a) In General.--The Secretary''; and (2) by adding at the end the following: ``(b) Lost Spring Canyon Addition.--As soon as practicable after the date of enactment of this subsection, the Secretary shall transfer jurisdiction over the Federal land contained in the Lost Spring Canyon Addition from the Bureau of Land Management to the National Park Service.''. (c) Livestock Grazing.--Section 3 of Public Law 92-155 (16 U.S.C. 272b) is amended-- (1) by striking ``Sec. 3. Where'' and inserting the following: ``SEC. 3. LIVESTOCK GRAZING. ``(a) In General.--In a case in which''; and (2) by adding at the end the following: ``(b) Lost Spring Canyon Addition.-- ``(1) Continuation of grazing leases, permits, and licenses.-- In the case of any grazing lease, permit, or license with respect to land in the Lost Spring Canyon Addition that was issued before the date of enactment of this subsection, the Secretary shall, subject to periodic renewal, continue the grazing lease, permit, or license for a period equal to the lifetime of the holder of the grazing lease, permit, or license as of that date plus the lifetime of any direct descendants of the holder born before that date. ``(2) Retirement.--A grazing lease, permit, or license described in paragraph (1) shall be permanently retired at the end of the period described in paragraph (1). ``(3) Periodic renewal.--Until the expiration of the period described in paragraph (1), the holder (or descendant of the holder) of a grazing lease, permit, or license shall be entitled to renew the lease, permit, or license periodically, subject to such limitations, conditions, or regulations as the Secretary may prescribe. ``(4) Sale.--A grazing lease, permit, or license described in paragraph (1) may be sold during the period described in paragraph (1) only on the condition that the purchaser shall, immediately upon acquisition, permanently retire the lease, permit, or license. ``(5) Taylor grazing act.--Nothing in this subsection affects other provisions concerning leases, permits, or licenses under the Act of June 28, 1934 (commonly known as the `Taylor Grazing Act') (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.). ``(6) Administration.--Any portion of a grazing lease, permit, or license with respect to land in the Lost Spring Canyon Addition shall be administered by the National Park Service.''. (d) Withdrawal From Mineral Entry and Leasing; Pipeline Management.--Section 5 of Public Law 92-155 (16 U.S.C. 272d) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.--The Secretary shall administer, protect and develop the park in accordance with the provisions of the law generally applicable to units of the National Park System, including the Act entitled `An Act to establish a National Park Service, and for other purposes', approved August 25, 1916 (39 Stat. 535).''; and (2) by striking subsection (b) and inserting the following: ``(b) Lost Spring Canyon Addition.-- ``(1) Withdrawal.--Subject to valid existing rights, all Federal land in the Lost Spring Canyon Addition is appropriated and withdrawn from entry, location, selection, leasing, or other disposition under the public land laws (including the mineral leasing laws). ``(2) Effect.--The inclusion of the Lost Spring Canyon Addition in the park shall not affect the operation or maintenance by the Northwest Pipeline Corporation (or its successors or assigns) of the natural gas pipeline and related facilities located in the Lost Spring Canyon Addition on the date of enactment of this paragraph.''. (e) Effect on School Trust Land.-- (1) Findings.--Congress finds that-- (A) a parcel of State school trust land, more specifically described as section 16, township 23 south, range 22 east, of the Salt Lake base and meridian, is partially contained within the Lost Spring Canyon Addition included within the boundaries of Arches National Park by the amendment by subsection (a); (B) the parcel was originally granted to the State of Utah for the purpose of generating revenue for the public schools through the development of natural and other resources located on the parcel; and (C) it is in the interest of the State of Utah and the United States for the parcel to be exchanged for Federal land of equivalent value outside the Lost Spring Canyon Addition to permit Federal management of all lands within the Lost Spring Canyon Addition. (2) Land exchange.--Public Law 92-155 (16 U.S.C. 272 et seq.) is amended by adding at the end the following: ``SEC. 8. LAND EXCHANGE INVOLVING SCHOOL TRUST LAND. ``(a) Exchange Requirement.-- ``(1) In general.--If, not later than 1 year after the date of enactment of this section, and in accordance with this section, the State of Utah offers to transfer all right, title, and interest of the State in and to the school trust land described in subsection (b)(1) to the United States, the Secretary-- ``(A) shall accept the offer on behalf of the United States; and ``(B) not later than 180 days after the date of acceptance, shall convey to the State of Utah all right, title, and interest of the United States in and to the land described in subsection (b)(2). ``(2) Simultaneous conveyances.--Title to the school trust land shall be conveyed at the same time as conveyance of title to the Federal lands by the Secretary. ``(3) Valid existing rights.--The land exchange under this section shall be subject to valid existing rights, and each party shall succeed to the rights and obligations of the other party with respect to any lease, right-of-way, or permit encumbering the exchanged land. ``(b) Description of Parcels.-- ``(1) State conveyance.--The school trust land to be conveyed by the State of Utah under subsection (a) is section 16, Township 23 South, Range 22 East of the Salt Lake base and meridian. ``(2) Federal conveyance.--The Federal land to be conveyed by the Secretary consists of approximately 639 acres, described as lots 1 through 12 located in the S\\1/2\\N\\1/2\\ and the N\\1/2\\N\\1/ 2\\N\\1/2\\S\\1/2\\ of section 1, Township 25 South, Range 18 East, Salt Lake base and meridian. ``(3) Equivalent value.--The Federal land described in paragraph (2) shall be considered to be of equivalent value to that of the school trust land described in paragraph (1). ``(c) Management by State.-- ``(1) In general.--At least 60 days before undertaking or permitting any surface disturbing activities to occur on land acquired by the State of Utah under this section, the State shall consult with the Utah State Office of the Bureau of Land Management concerning the extent and impact of such activities on Federal land and resources and conduct, in a manner consistent with Federal law, inventory, mitigation, and management activities in connection with any archaeological, paleontological, and cultural resources located on the acquired lands. ``(2) Preservation of existing uses.--To the extent that it is consistent with applicable law governing the use and disposition of State school trust land, the State shall preserve existing grazing, recreational, and wildlife uses of the acquired lands in existence on the date of enactment of this section. ``(3) Activities authorized by management plan.--Nothing in this subsection precludes the State of Utah from authorizing or undertaking a surface or mineral activity that is authorized by a land management plan for the acquired land. ``(d) Implementation.--Administrative actions necessary to implement the land exchange under this section shall be completed not later than 180 days after the date of enactment of this section.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Arches National Park Expansion Act of 1998 - Modifies the boundary of the Arches National Park, Utah, to include the area known as the Lost Spring Canyon Addition. Requires the Secretary of the Interior to transfer jurisdiction over the Federal lands contained in the area from the Bureau of Land Management to the National Park Service. Specifies restrictions on the continuation and sale of existing grazing leases, permits, or licenses for the area. Requires the Secretary to administer, protect, and develop the park in accordance with specified law. Withdraws Federal lands within the area from the public land laws, including the mineral leasing laws. Provides that the inclusion of the area in the Park shall not affect the operation or maintenance of the natural gas pipeline and related facilities located in the area by the Northwest Pipeline Corporation or its successors. Directs the Secretary to transfer specified Federal lands to the State of Utah in exchange for specified State school trust lands in the area, if the State offers such exchange within one year after enactment of this Act. Subjects such exchanged lands to valid existing rights. Specifies requirements to be satisfied by the State before undertaking or permitting any surface disturbing activities on the acquired lands. Requires the State to preserve existing grazing, recreational, and wildlife uses of such lands in existence on the enactment of this Act. Permits Utah to authorize or undertake surface or mineral activities authorized by land management plans for the acquired lands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``First Responders Support Act of 2002''. SEC. 2. HOMELAND SECURITY LIAISON OFFICERS. (a) Chief Homeland Security Liaison Officer.-- (1) Appointment.--The Secretary of Homeland Security shall appoint a Chief Homeland Security Liaison Officer to coordinate the activities of the Homeland Security Liaison Officers, designated under subsection (b). (2) Annual report.--The Chief Homeland Security Liaison Officer shall prepare an annual report, that contains-- (A) a description of the State and local priorities in each of the 50 States based on discovered needs of first responder organizations, including law enforcement agencies, fire and rescue agencies, medical providers, emergency service providers, and relief agencies; (B) a needs assessment that identifies homeland security functions in which the Federal role is duplicative of the State or local role, and recommendations to decrease or eliminate inefficiencies between the Federal Government and State and local entities; (C) recommendations to Congress regarding the creation, expansion, or elimination of any program to assist State and local entities to carry out their respective functions under the Department of Homeland Security; and (D) proposals to increase the coordination of Department of Homeland Security priorities within each State and between the States. (b) Homeland Security Liaison Officers.-- (1) Designation.--The Secretary of Homeland Security shall designate in each State not less than 1 employee of the Department of Homeland Security to-- (A) serve as the Homeland Security Liaison Officer in that State; and (B) provide coordination between the Department of Homeland Security and State and local first responders, including-- (i) law enforcement agencies; (ii) fire and rescue agencies; (iii) medical providers; (iv) emergency service providers; and (v) relief agencies. (2) Duties.--Each Homeland Security Liaison Officer designated under paragraph (1) shall-- (A) ensure coordination between the Department of Homeland Security and-- (i) State, local, and community-based law enforcement; (ii) fire and rescue agencies; and (iii) medical and emergency relief organizations; (B) identify State and local areas requiring additional information, training, resources, and security; (C) provide training, information, and education regarding homeland security for State and local entities; (D) identify homeland security functions in which the Federal role is duplicative of the State or local role, and recommend ways to decrease or eliminate inefficiencies; (E) assist State and local entities in priority setting based on discovered needs of first responder organizations, including law enforcement agencies, fire and rescue agencies, medical providers, emergency service providers, and relief agencies; (F) assist the Department of Homeland Security to identify and implement State and local homeland security objectives in an efficient and productive manner; and (G) serve as a liaison to the Department of Homeland Security in representing State and local priorities and concerns regarding homeland security. SEC. 3. FEDERAL INTERAGENCY COMMITTEE ON FIRST RESPONDERS. (a) In General.--There is established an Interagency Committee on First Responders, that shall-- (1) ensure coordination among the Federal agencies involved with-- (A) State, local, and community-based law enforcement; (B) fire and rescue operations; and (C) medical and emergency relief services; (2) identify community-based law enforcement, fire and rescue, and medical and emergency relief services needs; (3) recommend new or expanded grant programs to improve community-based law enforcement, fire and rescue, and medical and emergency relief services; (4) identify ways to streamline the process through which Federal agencies support community-based law enforcement, fire and rescue, and medical and emergency relief services; and (5) assist in priority setting based on discovered needs. (b) Membership.--The Interagency Committee on First Responders shall be composed of-- (1) the Chief Homeland Security Liaison Officer of the Department of Homeland Security; (2) a representative of the Health Resources and Services Administration of the Department of Health and Human Services; (3) a representative of the Centers for Disease Control and Prevention of the Department of Health and Human Services; (4) a representative of the Federal Emergency Management Agency of the Department of Homeland Security; (5) a representative of the United States Coast Guard of the Department of Homeland Security; (6) a representative of the Department of Defense; (7) a representative of the Office of Domestic Preparedness of the Department of Homeland Security; (8) a representative of the Immigration and Naturalization Service of the Department of Homeland Security; (9) a representative of the Transportation Security Agency of the Department of Homeland Security; (10) a representative of the Federal Bureau of Investigation of the Department of Justice; and (11) representatives of any other Federal agency identified by the President as having a significant role in the purposes of the Interagency Committee on First Responders. (c) Administration.--The Department of Homeland Security shall provide administrative support to the Interagency Committee on First Responders and the Advisory Council, which shall include-- (1) scheduling meetings; (2) preparing agenda; (3) maintaining minutes and records; (4) producing reports; and (5) reimbursing Advisory Council members. (d) Leadership.--The members of the Interagency Committee on First Responders shall select annually a chairperson. (e) Meetings.--The Interagency Committee on First Responders shall meet-- (1) at the call of the Chief Homeland Security Liaison Officer of the Department of Homeland Security; or (2) not less frequently than once every 3 months. SEC. 4. ADVISORY COUNCIL FOR THE FEDERAL INTERAGENCY COMMITTEE ON FIRST RESPONDERS. (a) Establishment.--There is established an Advisory Council for the Federal Interagency Committee on First Responders (in this Act referred to as the ``Advisory Council''). (b) Membership.-- (1) In general.--The Advisory Council shall be composed of not more than 13 members, selected by the Interagency Committee on First Responders. (2) Representation.--The Interagency Committee on First Responders shall ensure that the membership of the Advisory Council represents-- (A) the law enforcement community; (B) fire and rescue organizations; (C) medical and emergency relief services; and (D) both urban and rural communities. (c) Chairperson.--The Advisory Council shall select annually a chairperson from among its members. (d) Compensation of Members.--The members of the Advisory Council shall serve without compensation, but shall be eligible for reimbursement of necessary expenses connected with their service to the Advisory Council. (e) Meetings.--The Advisory Council shall meet with the Interagency Committee on First Responders not less frequently than once every 3 months. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such funds as may be necessary to carry out the provisions of this Act.", "summary": "First Responders Support Act of 2002 - Directs the Secretary of Homeland Security to designate in each State at least one employee of the Department of Homeland Security to serve as that State's Homeland Security Liaison Officer and to provide coordination between the Department and State and local first responders. Requires such an Officer to: (1) provide training, information, and education on homeland security for State and local entities; (2) identify homeland security functions in which the Federal role is duplicative of the State or local role and recommend ways to decrease or eliminate inefficiencies; and (3) assist the Department in identifying and implementing State and local homeland security objectives.Requires the Secretary to appoint a Chief Homeland Security Liaison Officer who shall: (1) coordinate the activities of such State Officers; and (2) prepare annual reports on State and local priorities, a needs assessment that identifies duplicative homeland security functions, recommendations regarding program creation, expansion, or elimination to assist State and local entities in carrying out functions under the Department, and proposals to increase the coordination of Department priorities within and between States.Establishes: (1) an Interagency Committee on First Responders that shall ensure coordination among the Federal agencies involved with State, local and community-based law enforcement, fire and rescue operations, and medical and emergency relief services.; and (2) an Advisory Council for such Committee."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Water Conservation Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the Federal Government has an historic commitment to assisting areas of the Nation in need of developing adequate water supplies, (2) water is becoming increasingly scarce and expensive in many parts of the United States, which is compounded when multiple years of drought occur, (3) in most areas of the United States, farms are overwhelmingly the largest water consumers, and (4) it is in the national interest for farmers to implement water conservation measures which address water conservation needs and for the Federal Government to promote such conservation measures. SEC. 3. CREDIT FOR PURCHASE AND INSTALLATION OF AGRICULTURAL WATER CONSERVATION SYSTEMS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. PURCHASE AND INSTALLATION OF AGRICULTURAL WATER CONSERVATION SYSTEMS. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the water conservation system expenses paid or incurred by the taxpayer during such year. ``(b) Maximum Credit.--The credit allowed by subsection (a) with respect to any water conservation system shall not exceed the product of $500 and the number of acres served by such system. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means any taxpayer if-- ``(A) at least 50 percent of such taxpayer's gross income is normally derived from a trade or business referred to in paragraph (3)(C), and ``(B) such taxpayer complies with all Federal, State, and local water rights and environmental laws. ``(2) Water conservation system expenses.-- ``(A) In general.--The term `water conservation system expenses' means expenses for the purchase and installation of a water conservation system but only if-- ``(i) the land served by the water is entirely in an area which has been identified, in the taxable year or in any of the 3 preceding taxable years, as an area of-- ``(I) extreme drought severity on the Palmer Drought Severity Index published by the National Oceanic and Atmospheric Administration, or ``(II) water shortage (due to increasing demands, limited supplies, or limited storage) by the Natural Resources Conservation Service of the Department of Agriculture or the Bureau of Reclamation of the Department of the Interior, ``(ii) the taxpayer has in effect a water conservation plan which has been reviewed and approved by such Service and Bureau, ``(iii) such expenses are consistent with such plan, and ``(iv) there is an irrigation water savings of at least 5 percent which is attributable to such system. For purposes of clause (iv), water savings shall be determined and verified under regulations prescribed jointly by such Service and Bureau. ``(B) Water conservation system.--The term `water conservation system' means materials or equipment which are primarily designed to substantially conserve irrigation water used or to be used on farm land. ``(C) Farm land.--The term `farm land' means land used in a trade or business by the taxpayer or a tenant of the taxpayer for-- ``(i) the production of crops, fruits, or other agricultural products, ``(ii) the raising, harvesting, or growing of trees, or ``(iii) the sustenance of livestock. ``(c) Limitation Based on Amount of Tax.-- ``(1) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(2) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section, and any increase in the basis of any property which would (but for this subsection) result from such expense shall be reduced by the amount of credit allowed under this section for such expense.'' (b) Technical Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``; and'', and by adding at the end the following new paragraph: ``(27) to the extent provided in section 30B(d), in the case of amounts with respect to which a credit has been allowed under section 30B.'' (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Purchase and installation of agricultural water conservation systems.'' (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.", "summary": "Agricultural Water Conservation Act - Amends the Internal Revenue Code to allow a tax credit for water conservation system expenses, if used on farm land having an extreme drought or a water shortage and meeting other requirements. Limits the amount of the credit and allows unused credit to be carried to the succeeding taxable year. Reduces by the amount of the credit any basis increase that would otherwise occur."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Dollar Bill Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Article I, section 8 of the Constitution of the United States provides that the Congress shall have Power to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. (2) Congress effectively delegated the power to regulate the value of United States money and foreign money to the Federal Reserve System via the Federal Reserve Act of 1913. (3) The value of the United States dollar has fallen dramatically relative to gold, crude oil, other real commodities and major foreign currencies. (4) The value of the United States dollar has become unstable and uncertain. (5) The Board of Governors of the Federal Reserve System has not produced a stable and reliable value for the United States dollar. (6) The Board of Governors of the Federal Reserve System cannot reasonably be expected to produce a stable and reliable value for the United States dollar. (7) An unstable dollar slows the growth of the economy by increasing the cost of capital, increasing the risks attendant to long-term capital investment, and increasing the effective rate of the corporate income tax. (8) An unstable dollar reduces the real earnings of American workers. (9) An unstable dollar reduces the real value of financial assets held by the public. (10) An unstable dollar reduces the real value of pension plans and retirement accounts upon which Americans depend for their security. (11) An unstable dollar damages the economic and political standing of the United States in the world community. (12) An unstable dollar gives rise to anxiety, uncertainty, and risk among the financial markets and the public. SEC. 3. DIRECTIVES TO THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (a) In General.--Before the end of the 30-day period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall designate a specific week (the ``Target Week'') starting no earlier than 90 days from the date of the enactment of this Act and ending no later than 120 days from the enactment of this Act. After designating the Target Week, the Board of Governors of the Federal Reserve System shall then employ a random process to select a specific day, hour, minute, and second during the Target Week (the ``Target Moment''), which shall not be publicly disclosed. At the Target Moment, the Board of Governors of the Federal Reserve System shall make the value of the U.S. dollar equal to the price of gold on the exchange operated by the Commodities Exchange, Inc. (COMEX) of the New York Mercantile Exchange, Inc., as of the Target Moment and maintain the value of the United States dollar within plus or minus 2 percent of such price (the ``Target Range'') thereafter. (b) Target.--The Board of Governors of the Federal Reserve System shall maintain the value of the United States dollar within the Target Range directly, via open market operations, and not indirectly, as in the current practice of targeting the Federal Funds rate. (c) Promotion of Stable and Effective Financial Markets.--The Board of Governors of the Federal Reserve System shall use the banking and bank regulatory powers of the Board to maintain and promote stable and effective financial markets during and after the transition to a defined value for the United States dollar. SEC. 4. TAX DEPRECIATION. Effective January 1, 2013, all entities that depreciate capital assets for tax purposes shall be entitled to 100 percent expensing of all capital investment for tax purposes in the year that the investment is made. SEC. 5. DIRECTIVE TO THE CONGRESSIONAL BUDGET OFFICE. In addition to the scoring that the Congressional Budget Office will do of the tax changes provided in this Act in the normal course of events, the Congressional Budget Office shall also calculate the impact on Federal revenues on a present value basis. This calculation shall be done in the manner that such calculations are done by the Social Security Trustees, and shall take into account the following: (1) That first year expensing of capital investment accelerates, but does not change the total amount of the depreciation that taxpayers take based upon their investments. (2) Capital investments by businesses have historically earned much higher returns than the interest rate on government bonds. SEC. 6. CONFLICT OF LAWS PROVISION. In the event that any provisions of this Act are found to be in conflict with those of the Full Employment and Balanced Growth Act of 1978, the provisions of this Act shall supersede the provisions of such Act to the extent of the conflict. SEC. 7. REMOVAL OF FEDERAL RESERVE BANK AUTHORITY TO PAY EARNINGS ON RESERVES. (a) In General.--Section 19(b)(12) of the Federal Reserve Act (12 U.S.C. 461(b)(12)) is amended-- (1) in the heading of such paragraph, by striking ``Earnings'' and inserting ``No earnings''; (2) in subparagraph (A), by striking ``may receive earnings to be paid by the Federal Reserve bank at least once each calendar quarter, at a rate or rates not to exceed the general level of short-term interest rates'' and inserting ``may not receive earnings paid by the Federal Reserve bank''; (3) by striking subparagraph (B); and (4) by redesignating subparagraph (C) as subparagraph (B). (b) Effective Date.--The amendments made under this section shall take effect after the end of the 30-day period beginning on the date of the enactment of this Act.", "summary": "Dollar Bill Act of 2013 - Directs the Board of Governors of the Federal Reserve System (Board) to: (1) designate a "Target Week"; (2) employ a random process to select a specific day, hour, minute, and second during such Target Week as "Target Moment" (which shall not be publicly disclosed); (3) make the value of the U.S. dollar at the Target Moment equal to the price of gold on the exchange operated by the Commodities Exchange, Inc. (COMEX) of the New York Mercantile Exchange, Inc.; and (4) maintain the value of the U.S. dollar within plus or minus 2% of such price ("Target Range") thereafter. Instructs the Board maintain the value of the United States dollar within the Target Range directly, via open market operations, and not indirectly, as in the current practice of targeting the Federal Funds rate. Requires the Board to use its banking and bank regulatory powers to maintain and promote stable and effective financial markets during and after the transition to a defined value for the U.S. dollar. Entitles all entities that depreciate capital assets for tax purposes to 100% expensing of all capital investment for tax purposes in the year that the investment is made. Requires the Congressional Budget Office (CBO), in addition to the scoring CBO will do of the tax changes provided in this Act, to calculate the impact on federal revenues on a present value basis. Amends the Federal Reserve Act to remove Federal Reserve Bank authority to pay earnings on reserves."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Incentives to Educate American Children (I Teach) Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) An estimated 2,000,000 new teachers will be needed over the next decade. (2) Under the No Child Left Behind Act of 2001, States must recruit qualified teachers by 2006, yet schools in rural areas and public schools with high poverty have trouble attracting and retaining teachers. (3) Fourteen percent of America's school children attend rural schools, and according to the Rural School and Community Trust 2000 report, ``Why Rural Matters'', rural education is crucial or very important to overall education performance in 25 States, so recruitment and retention of teachers is essential. (4) A 2000 study by the Education Trust reports that high poverty schools are twice as likely not to have teachers certified in their fields than other schools, which highlights that high poverty schools will need special help to meet the goals of No Child Left Behind Act of 2001. (5) The National Board for Professional Teaching Standards was founded in 1987, as a follow up to the landmark 1983 report, ``A Nation at Risk'', by the Carnegie Task Force on Teaching. The National Board for Professional Teaching Standards is an independent, nonprofit, and nonpartisan organization the mission of which is to establish high and rigorous standards for what accomplished teachers should know and be able to do. (6) Over 16,000 teachers from all 50 States and the District of Columbia have completed certification by the National Board for Professional Teaching Standards, which certification is a rigorous assessment process for teachers. (7) Recent data from the Accomplished Teaching Validation Study have demonstrated that teachers who are certified by the National Board for Professional Teaching Standards significantly outperform their peers who are not National Board certified on 11 of 13 key measures of teaching expertise. (8) Teacher salaries have remained stagnant over the past decade, according to a study by the National Education Association, and \\2/3\\ of the States do not meet the national average of $40,582 for teacher salaries. (b) Purposes.--The purposes of this Act are as follows: (1) To encourage teachers, through a refundable tax credit, to work in public elementary and secondary schools located in rural areas or schools with high poverty. (2) To provide an additional tax credit to teachers who achieve certification from the National Board for Professional Teaching Standards in order to recruit and retain highly qualified teachers in public elementary and secondary schools. SEC. 3. REFUNDABLE TAX CREDIT FOR INDIVIDUALS TEACHING IN ELEMENTARY AND SECONDARY SCHOOLS LOCATED IN HIGH POVERTY OR RURAL AREAS AND CERTIFIED TEACHERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. TAX CREDIT FOR INDIVIDUALS TEACHING IN ELEMENTARY AND SECONDARY SCHOOLS LOCATED IN HIGH POVERTY OR RURAL AREAS AND CERTIFIED TEACHERS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable amount for the eligible academic year ending during such taxable year. ``(b) Applicable Amount.--For purposes of this section-- ``(1) Teachers in schools in rural areas or schools with high poverty.-- ``(A) In general.--In the case of an eligible teacher who performs services in a public kindergarten or a public elementary or secondary school described in subparagraph (B) during the eligible academic year, the applicable amount is $1,000. ``(B) School described.--A public kindergarten or a public elementary or secondary school is described in this subparagraph if-- ``(i) at least 75 percent of the students attending such kindergarten or school receive free or reduced-cost lunches under the school lunch program established under the National School Lunch Act, or ``(ii) such kindergarten or school has a School Locale Code of 7 or 8, as determined by the Secretary of Education. ``(2) Certified teachers.--In the case of an eligible teacher who is certified by the National Board for Professional Teaching Standards for the eligible academic year, the applicable amount is $1,000. ``(3) Certified teachers in schools in rural areas or schools with high poverty.--In the case of an eligible teacher described in paragraphs (1) and (2), the applicable amount is $2,000. ``(c) Eligible Teacher.--For purposes of this section, the term `eligible teacher' means, for any eligible academic year, an individual who is a kindergarten through grade 12 classroom teacher or instructor in a public kindergarten or a public elementary or secondary school on a full-time basis for such eligible academic year. ``(d) Additional Definitions.--For purposes of this section-- ``(1) Elementary and secondary schools.--The terms `elementary school' and `secondary school' have the respective meanings given such terms by section 9101 of the Elementary and Secondary Education Act of 1965. ``(2) Eligible academic year.--The term `eligible academic year' means any academic year ending in a taxable year beginning after December 31, 2002.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Tax credit for individuals teaching in elementary and secondary schools located in high poverty or rural areas and certified teachers. ``Sec. 36. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to academic years ending in taxable years beginning after December 31, 2002.", "summary": "Incentives to Educate American Children (I Teach) Act of 2002 - Amends the Internal Revenue Code to permit a tax credit of $1,000 for: (1) teachers in public elementary or secondary schools or public kindergartens in rural areas or areas with high poverty; and (2) teachers certified by the National Board for Professional Teaching Standards. Grants a credit of $2,000 for a teacher meeting both criteria."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Promotion Fairness Act''. SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM. (a) Declaration of Policy.--Section 110(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended-- (1) in the first sentence-- (A) by inserting after ``commercial use'' the following: ``and on imported dairy products''; and (B) by striking ``products produced in the United States.'' and inserting ``products.''; and (2) in the second sentence, by inserting after ``produce milk'' the following: ``or the right of any person to import dairy products''. (b) Definitions.--Section 111 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502) is amended-- (1) in subsection (k), by striking ``and'' at the end; (2) in subsection (l), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(m) the term `imported dairy product' means any dairy product that is imported into the United States, including dairy products imported into the United States in the form of-- ``(1) milk, cream, and fresh and dried dairy products; ``(2) butter and butterfat mixtures; ``(3) cheese; and ``(4) casein and mixtures; ``(n) the term `importer' means a person that imports an imported dairy product into the United States; and ``(o) the term `Customs' means the United States Customs Service.''. (c) Representation of Importers on Board.--Section 113(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is amended-- (1) by inserting ``National Dairy Promotion and Research Board.--'' after ``(b)''; (2) by designating the first through ninth sentences as paragraphs (1) through (5) and paragraphs (7) through (10), respectively, and indenting the paragraphs appropriately; (3) in paragraph (2) (as so designated), by striking ``Members'' and inserting ``Except as provided in paragraph (6), the members''; and (4) by inserting after paragraph (5) (as so designated) the following: ``(6) Importers.-- ``(A) Representation.--The Secretary shall appoint not more than 2 members who represent importers of dairy products and are subject to assessments under the order, to reflect the proportion of domestic production and imports supplying the United States market, which shall be based on the Secretary's determination of the average volume of domestic production of dairy products proportionate to the average volume of imports of dairy products in the United States over the previous three years. ``(B) Additional members; nominations.--The members appointed under this paragraph-- ``(i) shall be in addition to the total number of members appointed under paragraph (2); and ``(ii) shall be appointed from nominations submitted by importers under such procedures as the Secretary determines to be appropriate.''. (d) Importer Assessment.--Section 113(g) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended-- (1) by inserting ``Assessments.--'' after ``(g)''; (2) by designating the first through fifth sentences as paragraphs (1) through (5), respectively, and indenting appropriately; and (3) by adding at the end the following: ``(6) Importers.-- ``(A) In general.--The order shall provide that each importer of imported dairy products shall pay an assessment to the Board in the manner prescribed by the order. ``(B) Time for payment.--The assessment on imported dairy products shall be paid by the importer to Customs at the time of the entry of the products into the United States and shall be remitted by Customs to the Board. For purposes of this subparagraph, entry of the products into the United States shall be deemed to have occurred when the products are released from custody of Customs and introduced into the stream of commerce within the United States. Importers include persons who hold title to foreign-produced dairy products immediately upon release by Customs, as well as persons who act on behalf of others, as agents, brokers, or consignees, to secure the release of dairy products from Customs and the introduction of the released dairy products into the stream of commerce. ``(C) Rate.--The rate of assessment on imported dairy products shall be determined in the same manner as the rate of assessment per hundredweight or the equivalent of milk. ``(D) Value of products.--For the purpose of determining the assessment on imported dairy products under subparagraph (C), the value to be placed on imported dairy products shall be established by the Secretary in a fair and equitable manner. ``(E) Use of Assessments on Imported Dairy.-- Assessments collected on imported dairy products shall not be used for foreign market promotion.''. (e) Records.--Section 113(k) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(k)) is amended in the first sentence by striking ``person receiving'' and inserting ``importer of imported dairy products, each person receiving''. (f) Importer Eligibility to Vote in Referendum.--Section 116(b) of the Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is amended-- (1) in the first sentence-- (A) by inserting after ``of producers'' the following: ``and importers''; and (B) by inserting after ``the producers'' the following: ``and importers''; and (2) in the second sentence, by inserting after ``commercial use'' the following: ``and importers voting in the referendum (who have been engaged in the importation of dairy products during the same representative period, as determined by the Secretary).''.", "summary": "Dairy Promotion Fairness Act - Amends the Dairy Production Stabilization Act of 1983 to define \"imported dairy product\" and \"importer\" for purposes of the dairy promotion program.Directs the Secretary of Agriculture to appoint up to two qualifying dairy importers to the National Dairy Promotion and Research Board.Requires dairy importers to contribute to the dairy promotion program.Makes both importers and producers (currently, limited to producers) eligible to vote in referendums."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport and Airway Trust Fund Financing Act of 2007''. SEC. 2. EXTENSION AND MODIFICATION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. (a) Rate of Tax on Aviation-Grade Kerosene and Aviation Gasoline.-- (1) Aviation-grade kerosene.--Subparagraph (A) of section 4081(a)(2) of the Internal Revenue Code of 1986 (relating to rates of tax) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) in the case of aviation-grade kerosene, 35.9 cents per gallon.''. (2) Aviation gasoline.--Clause (ii) of section 4081(a)(2)(A) of such Code is amended by striking ``19.3 cents'' and inserting ``24.1 cents''. (3) Fuel removed directly into fuel tank of airplane used in noncommercial aviation.--Subparagraph (C) of section 4081(a)(2) of such Code is amended to read as follows: ``(C) Taxes imposed on fuel used in commercial aviation.--In the case of aviation-grade kerosene which is removed from any refinery or terminal directly into the fuel tank of an aircraft for use in commercial aviation by a person registered for such use under section 4101, the rate of tax under subparagraph (A)(iv) shall be 4.3 cents per gallon.''. (4) Conforming amendments.-- (A) Clause (iii) of section 4081(a)(2)(A) of such Code is amended by inserting ``other than aviation- grade kerosene'' after ``kerosene''. (B) The following provisions of such Code are each amended by striking ``kerosene'' and inserting ``aviation-grade kerosene'': (i) Section 4081(a)(3)(A)(ii). (ii) Section 4081(a)(3)(A)(iv). (iii) Section 4081(a)(3)(D). (C) Section 4081(a)(3)(D) of such Code is amended-- (i) by striking ``paragraph (2)(C)(i)'' in clause (i) and inserting ``paragraph (2)(C)'', and (ii) by striking ``paragraph (2)(C)(ii)'' in clause (ii) and inserting ``paragraph (2)(A)(iv)''. (D) Section 4081(a)(4) of such Code is amended in the heading by striking ``kerosene'' and inserting ``aviation-grade kerosene''. (E) Section 4081(d)(2) of such Code is amended by inserting ``, (a)(2)(A)(iv),'' after ``subsections (a)(2)(A)(ii)''. (b) Extension.-- (1) Fuels taxes.--Paragraph (2) of section 4081(d) of such Code is amended by striking ``gallon--'' and all that follows and inserting ``gallon after September 30, 2011''. (2) Taxes on transportation of persons and property.-- (A) Persons.--Clause (ii) of section 4261(j)(1)(A) of such Code is amended by striking ``September 30, 2007'' and inserting ``September 30, 2011''. (B) Property.--Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking ``September 30, 2007'' and inserting ``September 30, 2011''. (c) Exemption for Aviation-Grade Kerosene Removed Into an Aircraft.--Subsection (e) of section 4082 of such Code is amended-- (1) by striking ``kerosene'' and inserting ``aviation-grade kerosene'', (2) by striking ``section 4081(a)(2)(A)(iii)'' and inserting ``section 4081(a)(2)(A)(iv)'', and (3) by striking ``Kerosene'' in the heading and inserting ``Aviation-Grade Kerosene''. (d) Retail Tax on Aviation Fuel.-- (1) Exemption for previously taxed fuel.--Paragraph (2) of section 4041(c) of such Code is amended by inserting ``at the rate specified in subsection (a)(2)(A)(iv) thereof'' after ``section 4081''. (2) Rate of tax.--Paragraph (3) of section 4041(c) of such Code is amended to read as follows: ``(3) Rate of tax.--The rate of tax imposed by this subsection shall be the rate of tax in effect under section 4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any sale or use for commercial aviation).''. (e) Refunds Relating to Aviation-Grade Kerosene.-- (1) Kerosene used in commercial aviation.--Clause (ii) of section 6427(l)(4)(A) of such Code is amended by striking ``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the case may be,'' and inserting ``so imposed''. (2) Kerosene used in aviation.--Paragraph (4) of section 6427(l) of such Code is amended-- (A) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B), and (B) by amending subparagraph (B), as redesignated by subparagraph (A), to read as follows: ``(B) Payments to ultimate, registered vendor.-- With respect to any kerosene used in aviation (other than kerosene to which paragraph (6) applies), if the ultimate purchaser of such kerosene waives (at such time and in such form and manner as the Secretary shall prescribe) the right to payment under paragraph (1) and assigns such right to the ultimate vendor, then the Secretary shall pay (without interest) the amount which would be paid under paragraph (1) to such ultimate vendor, but only if such ultimate vendor-- ``(i) is registered under section 4101, and ``(ii) meets the requirements of subparagraph (A), (B), or (D) of section 6416(a)(1).''. (3) Aviation-grade kerosene not used in aviation.-- Subsection (l) of section 6427 of such Code is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Refunds for aviation-grade kerosene not used in aviation.--If tax has been imposed under section 4081 at the rate specified in section 4081(a)(2)(A)(iv) and the fuel is used other than in an aircraft, the Secretary shall pay (without interest) to the ultimate purchaser of such fuel an amount equal to the amount of tax imposed on such fuel reduced by the amount of tax that would be imposed under section 4041 if no tax under section 4081 had been imposed.''. (4) Conforming amendments.-- (A) Section 6427(i)(4) of such Code is amended-- (i) by striking ``(4)(C)'' the first two places it occurs and inserting ``(4)(B)'', and (ii) by striking ``, (l)(4)(C)(ii), and'' and inserting ``and''. (B) Section 4082(d)(2)(B) of such Code is amended by striking ``6427(l)(5)(B)'' and inserting ``6427(l)(6)(B)''. (f) Airport and Airway Trust Fund.-- (1) Extension of trust fund authorities.-- (A) Expenditures from trust fund.--Paragraph (1) of section 9502(d) of such Code is amended-- (i) in the matter preceding subparagraph (A) by striking ``October 1, 2007'' and inserting ``October 1, 2011'', and (ii) in subparagraph (A) by inserting ``or the FAA Reauthorization Act of 2007'' before the semicolon at the end. (B) Limitation on transfers to trust fund.-- Paragraph (2) of section 9502(f) of such Code is amended by striking ``October 1, 2007'' and inserting ``October 1, 2011''. (2) Transfers to trust fund.--Subparagraph (C) of section 9502(b)(1) of such Code is amended to read as follows: ``(C) section 4081 with respect to aviation gasoline and aviation-grade kerosene, and''. (3) Transfers on account of certain refunds.-- (A) In general.--Subsection (d) of section 9502 of such Code is amended-- (i) in paragraph (2) by striking ``(other than subsection (l)(4) thereof)'', and (ii) in paragraph (3) by striking ``(other than payments made by reason of paragraph (4) of section 6427(l))''. (B) Conforming amendments.-- (i) Section 9503(b)(4) of such Code is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a comma, and by inserting after subparagraph (D) the following: ``(E) section 4081 to the extent attributable to the rate specified in clause (ii) or (iv) of section 4081(a)(2)(A), or ``(F) section 4041(c).''. (ii) Section 9503(c) of such Code is amended by striking the last paragraph (relating to transfers from the Trust Fund for certain aviation fuel taxes). (iii) Section 9502(a) of such Code is amended by striking ``, section 9503(c)(7),''. (4) Transfers on account of aviation-grade kerosene not used in aviation.--Section 9502(d) of such Code is amended by adding at the end the following new paragraph: ``(7) Transfers from airport and airway trust fund on account of aviation-grade kerosene not used in aviation.--The Secretary of the Treasury shall pay from time to time from the Airport and Airway Trust Fund into the Highway Trust Fund amounts as determined by the Secretary of the Treasury equivalent to amounts transferred to the Airport and Airway Trust Fund with respect to aviation-grade kerosene not used in aviation.''. (5) Expenditures for air traffic control modernization.-- Section 9502(d) of such Code, as amended by this Act, is amended by adding at the end the following new paragraph: ``(8) Expenditures for air traffic control modernization.-- The following amounts may be used only for making expenditures to carry out air traffic control modernization: ``(A) So much of the amounts appropriated under subsection (b)(1)(C) as the Secretary estimates are attributable to-- ``(i) 14.1 cents per gallon of the tax imposed at the rate specified in section 4081(a)(2)(A)(iv) in the case of aviation-grade kerosene used other than in commercial aviation (as defined in section 4083(b)), and ``(ii) 4.8 cents per gallon of the tax imposed at the rate specified in section 4081(a)(2)(A)(ii) in the case of aviation gasoline used other than in commercial aviation (as so defined). ``(B) Any amounts credited to the Airport and Airway Trust Fund under section 9602(b) with respect to amounts described in this paragraph.''. (g) Effective Date.-- (1) Modifications.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuels removed, entered, or sold after December 31, 2007. (2) Extensions.--The amendments made by subsections (b) and (f)(1) shall take effect on the date of the enactment of this Act. (h) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of aviation fuel which is held on January 1, 2008, by any person, there is hereby imposed a floor stocks tax on aviation fuel equal to-- (A) the tax which would have been imposed before such date on such fuel had the amendments made by this section been in effect at all times before such date, reduced by (B) the sum of-- (i) the tax imposed before such date on such fuel under section 4081 of the Internal Revenue Code of 1986, as in effect on such date, and (ii) in the case of kerosene held exclusively for such person's own use, the amount which such person would (but for this clause) reasonably expect (as of such date) to be paid as a refund under section 6427(l) of such Code with respect to such kerosene. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding aviation fuel on January 1, 2008, shall be liable for such tax. (B) Time and method of payment.--The tax imposed by paragraph (1) shall be paid on April 30, 2008, and in such manner as the Secretary of the Treasury shall prescribe. (3) Transfer of floor stock tax revenues to trust funds.-- For purposes of determining the amount transferred to the Airport and Airway Trust Fund, the tax imposed by this subsection shall be treated as imposed by the provision of section 4081 of the Internal Revenue Code of 1986 which applies with respect to the aviation fuel involved. (4) Definitions.--For purposes of this subsection-- (A) Aviation fuel.--The term ``aviation fuel'' means aviation-grade kerosene and aviation gasoline, as such terms are used within the meaning of section 4081 of the Internal Revenue Code of 1986. (B) Held by a person.--Aviation fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (5) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to any aviation fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable under the Internal Revenue Code of 1986 for such use. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on any aviation fuel held on January 1, 2008, by any person if the aggregate amount of such aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account any aviation fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (6). (C) Controlled groups.--For purposes of this subsection-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code on the aviation fuel involved shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section.", "summary": "Airport and Airway Trust Fund Financing Act of 2007 - Amends the Internal Revenue Code to (1) impose an excise tax on aviation-grade kerosene of 35.9 cents per gallon (4.3 cents per gallon for commercial aviation uses); (2) increase to 24.1 cents per gallon the tax rate for aviation gasoline; and (3) extend through FY2011 the excise tax on the transportation by air of persons and property and the excise tax on aviation gasoline and aviation-grade kerosene. Extends through FY2011 the expenditure authority for the Airport and Airway Trust Fund. Dedicates revenues from the taxes imposed on aviation gasoline and aviation-grade kerosene to carry out air traffic control modernization."}
{"article": "SECTION 1. FINDINGS. Congress finds the following: (1) Since 2011, the terrorist group now known as the Islamic State in Iraq and the Levant (ISIL), has rapidly expanded, now possessing greater funding, more personnel, and heavier weapons than any other terrorist force. (2) ISIL has threatened to continue attacking United States persons and interests and has an apocalyptic vision for a larger confrontation with the United States and its allies in the Middle East. (3) According to the United States intelligence community, approximately 20,000 to 30,000 ISIL fighters operate in Iraq and Syria, an estimated 3,000 of which are believed to have western passports. (4) ISIL finances itself through looting, smuggling, taxes, oil sales, kidnapping, and human trafficking. (5) According to United States officials, ISIL captured approximately 1,500 Humvees, a number of other modern armored vehicles and transport trucks, over 50 long-range Global Positioning System (GPS)-guided artillery pieces, a substantial number of artillery shells, a large quantity of small arms, approximately 4,000 heavy machine guns, and other weapons from the Iraqi Security Forces in June 2014, and has also reportedly captured a number of other weapons and vehicles from Bashar al- Assad's forces in Syria. (6) The rapidly deteriorating humanitarian situation in Iraq caused by ISIL advances in Iraq and Syria has resulted in approximately 1,500,000 refugees and internally displaced people from Syria and Iraq taking refuge in the Iraqi Kurdistan region. The Kurdistan Regional Government is facing a humanitarian and budget crisis while defending itself from ISIL. (7) The Kurdistan Regional Government (KRG) is the democratically elected government of the Kurdistan Region in Iraq, and Iraqi Kurds have been a reliable and stable partner of the United States. (8) The Iraqi constitution guarantees the right of Iraqi regions, such as Iraqi Kurdistan, to maintain ``internal security forces for the region such as police, security forces, and guards of the region''. (9) The Kurdish Peshmerga forces are officially organized under the Ministry of Peshmerga Affairs and commanded by the Minister of Peshmerga, who reports to the President of the Kurdistan Regional Government. (10) ISIL has positioned its forces along a 650-mile border with the Kurdistan Regional Government's Peshmerga forces. (11) ISIL has employed captured armored vehicles, long- range artillery, and heavy weapons in attacking thinly stretched Kurdish forces along the border. (12) United States airstrikes against ISIL targets have helped stall the terrorist organization's advance on territory held by Kurdish forces, but have not proven to be militarily decisive against ISIL. (13) The United States and its allies have provided the resupply of various small arms and training to Peshmerga forces since June 2014. (14) Such resupply efforts, to comply with United States law, must be approved and coordinated through the Government of Iraq. In the initial phase of the resupply effort, the Government of Iraq constrained and delayed the emergency supply of weapons to the Kurdistan Regional Government. (15) The Peshmerga forces lack battle-ready armored vehicles and the ability to take significant offensive action against ISIL forces, leading to requests for such assistance. (16) Armored vehicles, anti-armor weapons, long-range artillery, and other weapons are consistent with the Kurdistan Regional Government's constitutional right to defend itself against the clear and present danger posed by ISIL. (17) A strong Peshmerga force is essential to countering the ISIL threat to Iraq, the region, and United States interests. (18) The longer ISIL's sanctuary remains largely unchallenged, the more time it will have to reinforce its positions, and plan attacks against United States interests. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) defeating the Islamic State in Iraq and the Levant (ISIL) is critical to maintaining a unified Iraq in which all faiths and ethnicities are afforded equal protection and full integration into the Iraqi government and society; (2) the people of Kurdistan face an urgent and deadly threat from ISIL which the Iraqi Security Forces, of which the Peshmerga are a component, are currently unable to match in armaments; (3) any outstanding issues between the Government of Iraq and the Kurdistan Regional Government should be resolved by the two parties expeditiously to allow for a resumption of normal relations; and (4) ISIL's recent advances and continued growth present an imminent threat to Iraqi Kurdistan, the rest of Iraq and the Middle East, and international security. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to directly provide the Kurdistan Regional Government with advanced conventional weapons, training, and defense services, on an emergency and temporary basis, to more effectively partner with the United States and other international coalition members to defeat the Islamic State in Iraq and the Levant (ISIL). SEC. 4. TEMPORARY EMERGENCY AUTHORIZATION OF DEFENSE ARTICLES, DEFENSE SERVICES, AND RELATED TRAINING DIRECTLY TO THE KURDISTAN REGIONAL GOVERNMENT. (a) In General.--The President should consult with the Government of Iraq in carrying out the authority provided in subsection (b). (b) Authorization.-- (1) Military assistance.--The President is authorized to provide defense articles, defense services, and related training directly to the Kurdistan Regional Government for the purpose of supporting international coalition efforts against the Islamic State in Iraq and the Levant (ISIL) or any successor group. (2) Defense exports.--The President is authorized to issue licenses authorizing United States exporters to export defense articles, defense services, and related training directly to the Kurdistan Regional Government. For purposes of processing applications for such export licenses, the President is authorized to accept End Use Certificates approved by the Kurdistan Regional Government. (3) Types of assistance.--Assistance authorized under paragraph (1) and exports authorized under paragraph (2) may include anti-tank and anti-armor weapons, armored vehicles, long-range artillery, crew-served weapons and ammunition, secure command and communications equipment, body armor, helmets, logistics equipment, excess defense articles and other military assistance that the President determines to be appropriate. (c) Relationship to Existing Authorities; Conditions of Eligibility.-- (1) Relationship to existing authorities.--Assistance authorized under subsection (b)(1) and licenses for exports authorized under subsection (b)(2) shall be provided pursuant to the applicable provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.) and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), notwithstanding any requirement in such applicable provisions of law that a recipient of assistance of the type authorized under subsection (b)(1) shall be a country or international organization. (2) Conditions of eligibility.--In addition to such other provisions as the President may require, no defense article, defense service, or related training may be provided to the Kurdistan Regional Government under the authority of subsection (b)(1) or (b)(2) unless the Kurdistan Regional Government agrees that-- (A) it will not provide any such defense article, defense service, or related training to anyone who is not an officer, employee, or agent of the Kurdistan Regional Government, and (B) it will not use or permit the use of any such defense article, defense service, or related training for purposes other than the purposes for which it was provided, unless the consent of the President has first been obtained. (d) Report.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following: (A) The anticipated defense articles, defense services, and related training to be provided under the authority of subsections (b)(1) and (b)(2). (B) A timeline for the provision of such defense articles, defense services, and related training. (C) A description of mechanisms and procedures for end-use monitoring of such defense articles, defense services, and related training. (D) How such defense articles, defense services, and related training would contribute to the foreign policy and national security of the United States, as well as impact security in the region. (2) Definition.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Armed Services of the Senate. (e) Notification.--The President should provide notification to the Government of Iraq prior to defense articles, defense services, or related training being provided to the Kurdistan Regional Government under the authority of subsection (b)(1) or (b)(2). (f) Definitions.--In this section, the terms ``defense article'', ``defense service'', and ``training'' have the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794). (g) Termination.--The authority to provide defense articles, defense services, and related training under subsection (b)(1) and the authority to issue licenses for exports authorized under subsection (b)(2) shall terminate on the date that is 3 years after the date of the enactment of this Act.", "summary": "Expresses the sense of Congress that: defeating the Islamic State in Iraq and the Levant (ISIL) is critical to maintaining a unified Iraq in which all faiths and ethnicities are afforded equal protection and full integration into the government and society; the people of Kurdistan face a deadly threat from ISIL which the Iraqi Security Forces, of which the Peshmerga are a component, are currently unable to match in armaments; any outstanding issues between the government of Iraq and the Kurdistan Regional government (KRG) should be resolved expeditiously to allow for a resumption of normal relations; and ISIL's continued growth presents an imminent threat to Iraqi Kurdistan, the rest of Iraq and the Middle East, and international security. Authorizes the President to: (1) provide defense articles, defense services, and related training directly to the KRG to support international coalition efforts against ISIL or any successor group; and (2) issue licenses authorizing U.S. exporters to export defense articles, defense services, and related training directly to the KRG. Prohibits the provision of any defense article, service, or related training to the KRG under this Act unless the KRG agrees that it will not: provide any such defense article, service, or training to anyone who is not a KRG officer, employee, or agent; or use or permit the use of any such defense article, service, or training for purposes other than those for which it was provided, unless the President's consent has been obtained."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Multifamily Housing Loan Limit Improvement Act''. SEC. 2. INDEXING OF MULTIFAMILY MORTGAGE LIMITS. (a) Section 207 Limits.--Section 207(c)(3) of the National Housing Act (12 U.S.C. 1713(c)(3)) is amended-- (1) by striking ``11,250'' and inserting ``$17,460''; (2) by inserting before ``; and except that'' the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this paragraph (as such limitation may have been previously adjusted pursuant to this paragraph) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; and (3) by inserting after ``foregoing dollar amount limitations contained in this paragraph'' the following: ``(as such limitations may have been previously adjusted pursuant to this paragraph)''. (b) Section 213 Limits.--Section 213(b)(2) of the National Housing Act (12 U.S.C. 1715e(b)(2)) is amended-- (1) by striking ``$38,025'', ``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'', and inserting ``$41,207'', ``$47,511'', ``$57,300'', ``$73,343'', and ``$81,708'', respectively; (2) by striking ``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'', and inserting ``$49,710'', ``$60,446'', ``$78,197'', and ``$85,836'', respectively; (3) by inserting after the colon at the end of the first proviso the following: ``Provided further, That the Secretary shall adjust each such dollar amount limitation set forth in this paragraph (as such limitation may have been previously adjusted pursuant to this paragraph) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce:''; and (4) by inserting after ``foregoing dollar amount limitations contained in this paragraph'' the following: ``(as such limitations may have been previously adjusted pursuant to this paragraph)''. (c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the National Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended-- (1) by inserting after ``foregoing dollar amount limitations contained in this clause'', the first place such phrase appears, the following: ``(as such limitations may have been previously adjusted pursuant to this clause)''. (2) by inserting after ``Provided,'' the following: ``That the Secretary shall adjust each such dollar amount limitation set forth in this clause (as such limitation may have been previously adjusted pursuant to this clause) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce: Provided further,''; and (3) by striking ``(as determined after the application of the preceding proviso)'' and inserting ``(as such limitations may have been previously adjusted pursuant to the preceding proviso and as determined after application of any percentage increase authorized in this clause relating to units with 2, 3, 4, or more bedrooms)''. (d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended-- (1) by inserting before ``; and except that'' the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this clause (as such limitation may have been previously adjusted pursuant to this clause) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12- month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; and (2) by inserting after ``foregoing dollar amount limitations contained in this clause'' the following: ``(as such limitations may have been previously adjusted pursuant to this clause)''. (e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended-- (1) by inserting before ``; and except that'' the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this clause (as such limitation may have been previously adjusted pursuant to this clause) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12- month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; and (2) by inserting after ``foregoing dollar amount limitations contained in this clause'' the following: ``(as such limitations may have been previously adjusted pursuant to this clause)''. (f) Section 231 Limits.--Section 231(c)(2) of the National Housing Act (12 U.S.C. 1715v(c)(2)) is amended-- (1) by inserting before ``; and except that'' the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this paragraph (as such limitation may have been previously adjusted pursuant to this paragraph) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; and (2) by inserting after ``foregoing dollar amount limitations contained in this paragraph'' the following: ``(as such limitations may have been previously adjusted pursuant to this paragraph)''. (g) Section 234 Limits.--Section 234(e)(3) of the National Housing Act (12 U.S.C. 1715y(e)(3)) is amended-- (1) by inserting before ``; except that'' the second place such phrase appears the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this paragraph (as such limitation may have been previously adjusted pursuant to this paragraph) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; (2) by inserting after ``each of the foregoing dollar amounts'' the following: ``(as such amounts may have been previously adjusted pursuant to this paragraph)''; and (3) by inserting after ``foregoing dollar amount limitations contained in this paragraph'' the following: ``(as such limitations may have been previously adjusted pursuant to this paragraph and increased pursuant to the preceding clause)''. SEC. 2. HIGH-COST AREAS. (a) Section 207 Limits.--Section 207(c)(3) of the National Housing Act (12 U.S.C. 1713(c)(3)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (b) Section 213 Limits.--Section 213(b)(2) of the National Housing Act (12 U.S.C. 1715e(b)(2)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the National Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (f) Section 231 Limits.--Section 231(c)(2) of the National Housing Act (12 U.S.C. 1715v(c)(2)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (g) Section 234 Limits.--Section 234(e)(3) of the National Housing Act (12 U.S.C. 1715y(e)(3)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''.", "summary": "FHA Multifamily Housing Loan Limit Improvement Act - Amends the National Housing Act to increase and index to the Bureau of the Census' annual construction cost index multifamily project mortgage loan limits for: (1) rental housing; (2) cooperative housing; (3) rehabilitation and neighborhood conservation housing; (4) housing for moderate income and displaced families; (5) housing for the elderly; and (6) condominiums.Increases loan limits in high-cost areas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pesticide Maintenance Fees Reauthorization Act''. SEC. 2. MAINTENANCE FEE. (a) Amounts for Registrants.--Section 4(i)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)) is amended-- (1) in subparagraph (A), by striking ``each year'' and all that follows and inserting ``each year $2,300 for each registration''; (2) in subparagraph (D)-- (A) in clause (i), by striking ``$55,000'' and inserting ``$70,000''; and (B) in clause (ii), by striking ``$95,000'' and inserting ``$120,000''; and (3) in subparagraph (E)(i)-- (A) in subclause (I) by striking ``$38,500'' and inserting ``$46,000''; and (B) in subclause (II), by striking ``$66,500'' and inserting ``$80,000''. (b) Total Amount of Fees.--Section 4(i)(5)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(a)- 1(i)(5)(C)) is amended-- (1) by striking ``(C)(i) The'' and inserting the following: ``(C) Total amount of fees.--The''; (2) by striking ``$14,000,000 each fiscal year'' and inserting ``$20,000,000 for each of fiscal years 2002 through 2006''; and (3) by striking clause (ii). (c) Definition of Small Business.--Section 4(i)(5)(E)(ii) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a- 1(i)(5)(E)(ii)) is amended-- (1) in subclause (I), by striking ``150'' and inserting ``500''; and (2) in subclause (II), by striking ``gross revenue from chemicals that did not exceed $40,000,000'' and inserting ``global gross revenue from pesticides that did not exceed $60,000,000''. (d) Extension of Authority.--Section 4(i)(5)(H) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) is amended by striking ``2001'' and inserting ``2006''. SEC. 3. OTHER FEES. Section 4(i)(6) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(6)) is amended by striking ``2001'' and inserting ``2006''. SEC. 4. EXPEDITED PROCESSING OF SIMILAR APPLICATIONS. Section 4(k)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(k)(3)) is amended-- (1) in the paragraph heading, by striking ``Expedited'' and inserting ``Review of inert ingredients; expedited''; and (2) in subparagraph (A)-- (A) by striking ``1997 through 2001, not more than'' and inserting ``2002 through 2006,''; (B) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and adjusting the margins appropriately; and (C) by striking ``assure the expedited processing and review of any applicant that'' and inserting the following: ``(i) review and evaluate inert ingredients; and ``(ii) ensure the expedited processing and review of any application that--''. SEC. 5. PESTICIDE TOLERANCE PROCESSING FEES. Section 408(m)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(1)) is amended-- (1) by striking ``The Administrator'' and inserting the following: ``(A) In general.--The Administrator''; (2) by striking ``Under the regulations'' and inserting the following: ``(B) Inclusions.--Under the regulations''; (3) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively, and adjusting the margins appropriately; (4) by striking ``The regulations may'' and inserting the following: ``(C) Waiver; refund.--The regulations may''; and (5) by adding at the end the following: ``(D) Tolerance processing fees.-- ``(i) In general.--Except as provided in clause (ii), during the period beginning on the date of enactment of this subparagraph and ending on September 30, 2006, the Administrator shall not promulgate regulations addressing pesticide tolerance processing fees. ``(ii) Exception for current fee schedule.--The Administrator may annually promulgate regulations to implement changes in the amounts in the schedule of pesticide tolerance processing fees in effect on the date of enactment of this subparagraph by the same percentage as the annual adjustment to the Federal General Schedule pay scale under section 5303 of title 5, United States Code.''.", "summary": "Pesticide Maintenance Fees Authorization Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act, with respect to the pesticide registration maintenance fee system, to: (1) make uniform the amount of the annual fee for each registration; (2) set maximum amounts payable by a registrant and an increased aggregate amount of collected fees for FY 2002 through 2006; (3) expand the definition of a small business; and (4) extend the authority to collect such fees and the prohibition on levy of fees other than those specified in the Act's fee provisions.Extends the requirement that the Administrator of the Environmental Protection Agency use maintenance fees to ensure expedited processing of similar applications and adds a requirement that the fees be used to review inert ingredients.Amends the Federal Food, Drug, and Cosmetic Act to prohibit the Administrator, through FY 2006, from promulgating regulations addressing pesticide tolerance processing fees (except those changing current fee amounts by the same percentage as the annual adjustment to the Federal General Schedule pay scale)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Identity Protection and Security Act''. SEC. 2. SECURITY FREEZES. The Fair Credit Reporting Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 605B the following: ``SEC. 605C. SECURITY FREEZES. ``(a) In General.--A consumer reporting agency shall place a security freeze on a private information file when requested by the consumer to whom that file relates-- ``(1) by certified mail, ``(2) by telephone by providing certain sensitive personal information, or ``(3) through a secure electronic mail connection if such connection is made available by the consumer reporting agency. ``(b) Timing.--A consumer reporting agency shall place the requested security freeze on the private information file no later than 2 business days after receiving a written or telephone request from the consumer or 24 hours after receiving a secure electronic mail request. ``(c) Confirmation.--Within 2 business days after placing a security freeze on a private information file under subsection (a), the consumer reporting agency that received the request from the consumer shall-- ``(1) send a written confirmation of the security freeze to the consumer; and ``(2) provide to the consumer a unique personal identification number or password to be used by the consumer to authorize access to the private information file or to remove the security freeze on the file. ``(d) Prohibition on Unauthorized Access.--A consumer reporting agency may not grant access to a private information file on which a security freeze has been placed, or release information contained in a such a private information file, except in accordance with the provisions of this section or other Federal law. ``(e) Limited or Temporary Access to Frozen Report.-- ``(1) In general.--Within 3 business days after receiving a request from a consumer upon whose private information file a security freeze has been placed to allow access to that file to a third party, or for a period of time, specified by the consumer, a consumer reporting agency shall make the private information file available in accordance with the request notwithstanding the security freeze. Each consumer reporting agency shall develop procedures involving the use of telephone, facsimile machine, or, upon the consent of the consumer in the manner required by the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.) for notices legally required to be in writing, by the Internet, e-mail, or other electronic medium, to receive and process a request from a consumer to provide limited or temporary access to the private information file under this section in an expedited manner. ``(2) Request requirements.--A consumer reporting agency may not allow access to a private information file under paragraph (1) unless-- ``(A) the request was made by the consumer by telephone, certified mail, or security electronic mail (except as provided in accordance with procedures established pursuant to the second sentence of paragraph (1)); and ``(B) the consumer provides-- ``(i) proper identification, ``(ii) the unique personal identification number or password provided by the consumer reporting agency under this section; and ``(iii) the proper information regarding the third party who is to receive the private information file or the time period for which the file shall be made available. ``(3) Termination not permitted.--A consumer reporting agency may not terminate a security freeze on the basis of a request under paragraph (1) for limited access to a private information file. ``(f) Termination of Security Freeze.-- ``(1) In general.--A consumer reporting agency shall terminate a security freeze on a private information file if-- ``(A) the consumer requests that the security freeze be terminated; or ``(B) the consumer reporting agency-- ``(i) determines that the security freeze was placed on the private information file due to a material misrepresentation of fact by the consumer; and ``(ii) notifies the consumer in writing not less than 5 business days before terminating the security freeze under this subparagraph. ``(2) Termination requests.--Except as provided in paragraph (1)(B), a consumer reporting agency may not terminate a security freeze on a private information file unless the consumer provides-- ``(A) proper identification; and ``(B) the unique personal identification number or password provided by the consumer reporting agency under this section. ``(3) Timing.--A consumer reporting agency shall terminate a security freeze on a private information file within 3 business days after receiving a request that meets the requirements of this subsection from the consumer to whom the file relates. ``(g) Denial of Third Party Requests.-- ``(1) Requests denied due to security freeze.-- Notwithstanding any other provision of law to the contrary, if a third party's request for access to a private information file is denied because there is a security freeze on it, that third party may treat any application in connection with which the request is made as incomplete. ``(2) Notification of consumer.--If a consumer reporting agency denies a third party's request for access to a private information file on which a security freeze has been placed for any purpose other than account review, the consumer reporting agency shall notify the consumer that it denied the request within 1 business day thereafter. The notice shall identify the third party making the request and the stated purpose of the request. ``(h) Exceptions to Security Freeze.--The provisions of this section do not apply to requests for access to a private information file by-- ``(1) a Federal, State, or local law enforcement agency acting within the scope of its authority or pursuant to a court order, warrant, or subpoena; ``(2) a Federal, State, or local agency that administers a program for establishing an enforcing child support obligations; ``(3) a Federal, State, or local health agency or its agents or assignees acting to investigate fraud; ``(4) a Federal, State, or local tax agency, or its agents or assignees, acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities; ``(5) a person, or the person's subsidiary, affiliate, agent, or assignee with which the consumer has or, prior to assignment, had an account, contract, or debtor-creditor relationship for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or debt; ``(6) a subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under paragraph (5) for purposes of facilitating the extension of credit or other permissible use; or ``(7) any person or entity for the purpose of providing a consumer with a copy of his or her private information file upon the consumer's request. ``(i) Notification of Violation.-- ``(1) Notification.--If a consumer reporting agency violates the requirements of this section with respect to access to a private information file, it shall notify the consumer in writing of the violation within 5 business days. The notice shall include a description of the information to which access was granted and the name and address of the third party to whom such access was granted. ``(2) Complaints to consumer protection agencies.--If a private information file on which a security freeze under this section is accessed in violation of this section, the consumer to whom the file relates may file a complaint with the Federal Trade Commission, the attorney general of the State in which the consumer resides, or any other Federal or State consumer protection agency. ``(j) Application to Other Consumer Reporting Agencies.-- ``(1) Notification.--Whenever a consumer reporting agency receives a request from a consumer under this section that meets the requirements of this section to place a security freeze on his or her private information file under subsection (a), to provide temporary or limited access to such a private information file under subsection (e), or to terminate a security freeze on such a private information file under subsection (f), it shall notify (on a secure basis) every other consumer reporting agency in the United States that it knows, or has reason to know, to maintain a private information file on that consumer of the request. ``(2) Compliance by other consumer reporting agencies.--A consumer reporting agency that receives a reported request under paragraph (1) shall comply with the requirements of this section with respect to that request to the same extent and in the same manner as if it had received the request from the consumer. ``(3) Liability.--A consumer reporting agency responding to a notification from another consumer reporting agency under paragraph (1) is liable for any violation of this section with respect to the request to which the notification relates, to the same extent as if it had received the request from the consumer, except that such an agency shall not be liable for any violation attributable to incorrect information provided in the request from the notifying agency. ``(k) Service Fees and Charges.-- ``(1) Fees prohibited.--A consumer reporting agency may not impose a charge or fee for placing a security freeze on a private information file under subsection (a), for providing limited access to a private information file under subsection (e), or for terminating a security freeze on a private information file under subsection (f). ``(2) Replacement identification codes and passwords.--A consumer reporting agency-- ``(A) may not impose a fee for the replacement or reissue of a lost or forgotten personal identification number or password the first time the replacement or reissue is provided to the consumer; but ``(B) may impose a fee of not more than $5 for a second or subsequent replacement or reissue of such a personal identification number or password.''. SEC. 3. DEFINITIONS. Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following: ``(y) Definitions Relating to Security Freezes.--For purposes of section 605C, the following definitions shall apply: ``(1) Account review.--The term `account review' means any activity related to account maintenance, monitoring, credit line increases, or account upgrades and enhancements. ``(2) Private information file.-- ``(A) In general.--The term `private information file' means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's character, general reputation, personal characteristics, mode of living, employment, or personal financial information to be used in whole or in part for political campaign, charitable solicitation, commercial marketing purposes or as a factor in establishing the consumer's eligibility for-- ``(i) credit or insurance to be used primarily for personal, family, or household purposes; or ``(ii) employment purposes. ``(B) Exclusions.--Except as provided in subparagraph (C), the term `private information file' does not include-- ``(i) any report containing information solely as to transactions or experiences between the consumer and the person making the report; ``(ii) the communication of that information among persons related by common ownership or affiliated by corporate control; or ``(iii) the communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons; ``(iv) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or ``(v) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the required disclosures to the consumer under Federal law. ``(C) Restriction on sharing of medical information.--Except for information or any communication of information disclosed as provided in Federal law, the exclusions in subparagraph (B) do not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is-- ``(i) medical information; ``(ii) an individualized list or description based on the payment transactions of the consumer for medical products or services; or ``(iii) an aggregate list of identified consumers based on payment transactions for medical products or services.''. SEC. 4. REGULATIONS. (a) Rulemaking Proceeding.--Within 90 days after the date of enactment of this Act, the Federal Trade Commission shall initiate a rulemaking proceeding to provide rules, guidelines, and criteria for compliance with the requirements of section 605C of the Fair Credit Reporting Act, as added by this Act, including-- (1) rules necessary to implement the provisions of that section 605C that include required contents for a request for a security freeze, criteria for identification verification of the requesting party, and consumer notification requirements to ensure that consumers are aware of their rights under that section; (2) rules to ensure that a request for a security freeze on a private information file, a request from a consumer for limited or temporary access to a private information file, or a requested termination of such a freeze under that section, will be communicated by the consumer reporting agency receiving the request to other consumer reporting agencies, as required by subsection (j) of that section, and implemented by those agencies in a timely manner; and (3) rules to provide for the application of that section in a manner that does not conflict with any other provision of Federal law governing the acquisition, maintenance, disposition, or access to information contained in a private information file. (b) Final Rule.--The Commission shall issue final rules pursuant to the proceeding initiated under subsection (a) within 1 year after the date of enactment of this Act.", "summary": "Consumer Identity Protection and Security Act - Requires a consumer reporting agency to place a security freeze on a private information file upon consumer request, subject to waiver by such consumer with respect to limited or temporary access to such file to a particular third party. Identifies federal, state, and local agencies permitted access to such frozen information files. Grants the Federal Trade Commission and specified federal agencies enforcement powers for violations of this Act. Empowers the consumer to file a civil action in any court if a consumer reporting agency violates the requirements of this Act. Prohibits a consumer reporting agency from imposing service fees or charges for implementing the consumer security freeze requests authorized under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Foreclosure Rescue Corporation Act''. SEC. 2. PURPOSES. The purposes of this Act are to provide emergency relief with respect to home mortgage indebtedness through the establishment of a corporation to directly refinance home mortgages to homeowners currently in foreclosure, serious default, or with a reasonable expectation of imminent, sustained default and-- (1) to extend relief to the owners of homes occupied by them and who are unable to amortize their debt elsewhere, including those homeowners whose outstanding mortgage indebtedness exceeds the value of their home due to recent declines in the housing market; (2) to provide necessary funds for refinancing without reliance on liquidity and credit availability in private markets; (3) to stabilize neighborhoods by reducing foreclosures and the downward impact on house prices created by the threat of widespread foreclosure; (4) to encourage loan originators and servicers to modify the terms of existing non-performing loans to obligations that borrowers can reasonably repay; (5) to provide mortgage assistance in an efficient manner at minimal to no cost to the taxpayer, with corporate profits returned to the Treasury of the United States; and (6) to minimize the impacts of the current mortgage crisis on the broader economy. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Corporation.--The term ``Corporation'' means the Family Foreclosure Rescue Corporation established under section 4. (2) Board.--The term ``Board'' means the Board of Directors of the Corporation. (3) Home mortgage.--The term ``home mortgage'' means a first mortgage on real estate-- (A)(i) in fee simple, upon which there is located a dwelling for not more than four families; (ii) on a leasehold under a renewable lease for not less than 99 years, upon which there is located a dwelling for not more than four families; or (iii) that is a single unit in a condominium; and (B) has a value not exceeding the lower of-- (i) 125 percent of the local area median home price; or (ii) 175 percent of the dollar amount limitation for a single-family residence then in effect under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) . (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. ESTABLISHMENT. The Secretary of the Treasury shall establish a corporation to be known as the Family Foreclosure Rescue Corporation, which shall be an instrumentality of the United States, and which shall have authority to sue and to be sued in any court of competent jurisdiction, Federal or State. SEC. 5. BOARD. (a) In General.--The Corporation shall be under the direction of a Board of Directors and shall be operated by the Board under such bylaws, rules, and regulations as the Board may prescribe for the accomplishment of the purposes and intent of this Act. (b) Members.--The Board shall consist of seven members, as follows: (1) Two of the members shall be appointed by the President. (2) Four of the members shall be appointed by President from among a list of 10 nominees selected jointly by the Speaker of the House of Representatives and the majority leader of the Senate. (3) The Secretary shall serve as an ex officio member of the Board. SEC. 6. CAPITAL STOCK. (a) In General.--The Corporation shall have capital stock subscribed to by the Secretary on behalf of the United States Government in such amount as the Secretary may determine to be appropriate, to the extent provided in advance in an appropriation Act for any fiscal year, but not to exceed in the aggregate $200,000,000. (b) Certificates.--Certificates evidencing shares of nonvoting capital stock of the Corporation shall be issued by the Corporation to the Secretary, to the extent of payments made for the capital stock of the Corporation. (c) Public Debt Transaction.--For the purpose of purchasing shares of capital stock of the Corporation, the Secretary may use as a public- debt transaction the proceeds of any securities issued under chapter 31 of title 31, United States Code. SEC. 7. BORROWING. (a) Issuance.--The Corporation may issue bonds in an aggregate amount not to exceed $150,000,000,000, which may be sold by the Corporation to obtain funds for carrying out the purposes of this Act, or exchanged as hereinafter provided. Such bonds shall be issued in such denominations as the Board shall prescribe, shall mature within a period of not more than 30 years from the date of their issue, shall bear interest at a rate not to exceed 5 percent annually, and shall be fully and unconditionally guaranteed as to principal and interest by the United States, and such guaranty shall be expressed on the face thereof. (b) Payment.--The Corporation shall make bond payments of accrued interest plus principal in the amount sufficient to return the principal within a period not to exceed 30 years, and such payments may be made monthly, quarterly, semi-annually, or annually, in the discretion of the Corporation. Outstanding principal and accrued interest shall be paid to the bond holder in the event that the mortgage issued in exchange for that bond is paid off or title to the underlying property is transfered by sale or foreclosured. (c) Treasury Borrowing.--In the event that the Corporation is unable to pay upon demand, when due, the interest on any such bonds, the Secretary shall pay to the Corporation the amount of such interest, which is hereby authorized to be appropriated to the Corporation, and the Corporation shall pay the amount of such interest to the holders of the bonds. Upon the payment of such interest by the Secretary, the amount so paid shall become an obligation of the Corporation to the United States and shall bear interest at the same rate as that borne by the bonds upon which the interest has been so paid. (d) Treatment.--The bonds issued by the Corporation under this section shall be exempt, both as to principal and interest, from all taxation (except surtaxes, estate, inheritance, and gift taxes) now or hereafter imposed by the United States or any District, Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority. SEC. 8. TREATMENT OF CORPORATION. The Corporation, including its franchise, its capital, reserves, and surplus, and its loans and income, shall be exempt from taxation referred to in section 7(c), except that any real property of the Corporation shall be subject to taxation to the same extent, according to its value, as other real property is taxed. SEC. 9. EMERGENCY MORTGAGE RELIEF. (a) Acquisition of Mortgages.--The Corporation may, during the three-year period that begins upon the date of the enactment of this Act-- (1) acquire in exchange for bonds issued by the Corporation, home mortgages and other obligations and liens secured by real estate (including the interest of a vendor under a purchase-money mortgage or contract) recorded or filed in the proper office or executed prior to the date of the enactment of this Act, which are currently in default or at foreseeable risk of default, except that-- (A) in the event that the home mortgage was placed in a trust or other qualified special purpose vehicle for the purposes of securitization, acceptance of Corporation bonds by a duly appointed servicer as payment in full for the purchase of the home mortgage shall be construed as a non-foreclosure alternative to the termination of a loan, equivalent to a short sale or short payoff; (B) the face value of the bonds so exchanged and the cash so advanced shall not exceed, in any case, the principal balance plus accrued interest on that balance (exclusive of additional fees incurred as part of lender workouts and similar actions), as of the time of acquisition by the Corporation, as determined by an appraisal made by the Corporation; and (C) in any case in which the amount of the face value of the bonds exchanged plus accrued interest thereon and the cash advanced is less than the amount the homeowner owes with respect to the home mortgage or other obligation or lien so acquired by the Corporation, the Corporation shall credit the difference between such amounts to the homeowner and shall reduce the amount owed by the homeowner to the Corporation, to that extent; and (2) in connection with any such exchange, make advances in cash to pay the taxes and assessments on the real estate, to meet the incidental expenses of the transaction, and to pay such amounts, not exceeding $750, to the holder of the mortgage, obligation, or lien acquired as may be the difference between the face value of the bonds exchanged and the purchase price of the mortgage, obligation, or lien; (b) Amortization.--Each home mortgage or other obligation or lien so acquired shall be carried as a first lien or refinanced as a home mortgage by the Corporation on the basis of the price paid for the mortgage, obligation, or lien by the Corporation, and shall be amortized by means of monthly payments sufficient to retire the interest and principal within a period of not to exceed 30 years; but the amortization payments of any homeowner may be made quarterly, semiannually, or annually, if in the judgment of the Corporation the situation of the homeowner requires it. (c) Maximum Interest Rate.--Interest on the unpaid balance of the obligation of the homeowner to the Corporation shall be at a rate not exceeding 7.5 percent annually. (d) Extensions.--The Corporation may at any time grant an extension of time to any homeowner for the payment of any installment of principal or interest owed by the homeowner to the Corporation if, in the judgment of the Corporation, the circumstances of the homeowner and the condition of the security justify such extension. (e) Redemption and Recovery of Foreclosed Properties.--The Corporation may, during the three-year period described in subsection (a), exchange bonds and advance cash subject to the limitations provided in subsection (a), to redeem or recover homes lost by the owners by foreclosure or forced sale by a trustee under a deed of trust or under power of attorney, or by voluntary surrender to the mortgagee within two years prior to such exchange or advance. (f) Real Estate.--As used in this section, the term ``real estate'' includes only real estate described in section 3(3). SEC. 10. NONDISCRIMINATION. (a) Location of Real Estate.--No discrimination shall be made under this Act against any home mortgage by reason of the fact that the real estate securing such mortgage is located in a municipality, county, or taxing district which is in default upon any of its obligations. (b) Characteristics of Applicants.--The Corporation is prohibited from discriminating in its lending behavior based on the race, color, religion, sex, national origin, age, disability, or familial status of the applicant or applicants. SEC. 11. DENIAL OF APPLICATIONS. (a) Authority To Deny.--The Corporation may deny a home mortgage application on the grounds of an applicant's inability to pay or excess indebtedness, as determined by credit score, household income and assets, or other criteria, to be determined by the Board or its designees. (b) Counseling.--The Corporation shall provide applicants who are denied a home mortgage issued by the Corporation information sufficient to identify and contact a housing counseling provider serving the local area in which the applicant resides who has been certified pursuant to section 106(f) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(f)). SEC. 12. DISPOSITION OF REAL ESTATE. In the event the Corporation takes possession of real estate through foreclosure, voluntary transfer of title, or otherwise, the Corporation shall dispose of the real estate in a manner that minimizes adverse impacts on neighboring property values by staggering sales so as not to create an excess supply of properties for sale or by offering properties for rent until disposition is possible. The Corporation may make necessary repairs to Corporation-owned property to maintain the value of the property and to prepare it for disposition. SEC. 13. APPRAISALS. The Board shall make rules for the appraisal of the property on which loans are made under this Act, to accomplish the purposes of this Act. SEC. 14. OTHER PROVISIONS. (a) Officers and Employees.--The Corporation shall have power to select, employ, and fix the compensation of such officers, employees, attorneys, or agents as shall be necessary for the performance of its duties under this Act, without regard to the provisions of other laws applicable to the employment or compensation of officers, employees, attorneys, or agents of the United States. No such officer, employee, attorney, or agent shall be paid compensation at a rate in excess of the rate provided for the members of the Board. (b) Use of Mails.--The Corporation may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (c) Salaries and Expenses.--The Corporation shall pay such proportion of the salary and expenses of the members of the Board and of its officers and employees as the Board may determine to be equitable, and may use the facilities of Federal Home Loan Banks, upon making reasonable compensation for such use, as determined by the Board. (d) Bylaws, Rules, and Regulations.--The Board may make such bylaws, rules and regulations, not inconsistent with the provisions of this Act, as may be necessary for the proper conduct of the affairs of the Corporation. (e) Retirement of Stock.--The Corporation shall retire and cancel the bonds and stock of the Corporation as rapidly as the resources of the Corporation will permit. Upon the retirement of such stock, the reasonable value thereof as determined by the Board shall be paid into the Treasury of the United States and the receipts issued therefor shall be canceled. SEC. 15. LIQUIDATION. The Board shall proceed to liquidate the Corporation when its purposes have been accomplished, and shall pay any surplus or accumulated funds into the Treasury of the United States. The Corporation may declare and pay such dividends to the United States as may be earned and as in the judgment of the Board it is proper for the Corporation to pay.", "summary": "Family Foreclosure Rescue Corporation Act - Instructs the Secretary of the Treasury to establish the Family Foreclosure Rescue Corporation to acquire, via the sale of bonds, home mortgages and other obligations and liens secured by real estate which are currently in default or at foreseeable risk of default."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Avonte's Law Act of 2014''. SEC. 2. GRANT PROGRAM TO REDUCE INJURY AND DEATH RELATING TO THE WANDERING AND SAFETY OF INDIVIDUALS WITH DISABILITIES. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART LL--GRANT PROGRAM TO REDUCE INJURY AND DEATH RELATING TO THE WANDERING AND SAFETY OF INDIVIDUALS WITH DISABILITIES ``SEC. 3021. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General may make grants to law enforcement agencies to-- ``(1) reduce the risk of injury and death relating to the wandering characteristics of some individuals with autism and other disabilities; and ``(2) safeguard the well-being of individuals with disabilities during interactions with law enforcement. ``(b) Uses of Funds.--A grant awarded under this section shall be-- ``(1) distributed directly to a law enforcement agency; and ``(2) used to-- ``(A) provide education and resources to law enforcement agencies, first responders, schools, clinicians, and the public in order to-- ``(i) reduce the risk of wandering by individuals with autism or other disabilities; ``(ii) help to identify signs of abuse in individuals with autism or other disabilities; ``(iii) increase personal safety and survival skills for individuals with autism or other disabilities; and ``(iv) facilitate effective communication with individuals who have communication-related disabilities, including the use of assistive communication techniques and technology; ``(B) provide training and emergency protocols for school administrators, staff, and families; ``(C) provide response tools and training for law enforcement and search-and-rescue agencies, including-- ``(i) tracking technology; ``(ii) reverse 911 technology; ``(iii) assistive communication technology; ``(iv) Endangered Missing Advisories; and ``(v) Federal search-and-rescue guidelines for special needs children; or ``(D) provide response tools and training to law enforcement agencies in order to recognize and respond to individuals with intellectual and developmental disabilities. ``(c) Standards and Best Practices for Use of Tracking Devices.-- ``(1) Establishment.-- ``(A) In general.--Not later than 120 days after the date of enactment of this part, the Attorney General, in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations, shall establish standards and best practices relating to the use of tracking technology to monitor children with autism and other disabilities. ``(B) Requirements.--In establishing the standards and best practices required under subparagraph (A), the Attorney General-- ``(i) shall determine-- ``(I) the criteria used to determine which individuals would benefit from the use of a tracking device; and ``(II) who should have direct access to the tracking system; and ``(ii) may establish standards and best practices the Attorney General determines are necessary to the administration of a tracking system, including procedures in order to-- ``(I) safeguard the privacy of the data used by the tracking device such that-- ``(aa) access to the data is restricted to agencies determined necessary by the Attorney General; and ``(bb) use of the data is solely for the purpose of preventing injury or death; ``(II) develop criteria to determine whether use of the tracking device is the least restrictive alternative in order to prevent risk of injury or death prior to issuing the tracking device, including the previous consideration of less restrictive alternatives; ``(III) provide training for law enforcement agencies to recognize signs of abuse in their interactions with applicants; ``(IV) protecting the civil rights and liberties of children with disabilities who use tracking devices, including their rights under the Fourth Amendment of the Constitution of the United States; ``(V) establish a complaint and investigation process to address-- ``(aa) incidents of noncompliance by grant recipients with the best practices established by the Attorney General or other applicable law; and ``(bb) use of a tracking device over the objection of a child with a disability; and ``(VI) the role which State agencies responsible for providing services to children with developmental disabilities and State agencies responsible for child protective services should have in the administration of a tracking system. ``(2) Required compliance.-- ``(A) In general.--Each law enforcement agency that receives a grant under this section shall comply with any standards and best practices relating to the use of tracking devices as established by the Attorney General under paragraph (1), in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations. ``(B) Determination of compliance.--The Attorney General, in consultation with the Secretary of Health and Human Services, shall determine whether a law enforcement agency that receives a grant under this section acts in compliance with the requirement described in paragraph (1). ``(3) Applicability of standards and best practices.--The standards and best practices established by the Attorney General under paragraph (1) shall apply only to the grant program authorized under this part. ``SEC. 3022. APPLICATIONS. ``To request a grant under section 3021, the head of a law enforcement agency shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. ``SEC. 3023. DEFINITIONS. ``In this part-- ``(1) the term `child' means an individual who is less than 18 years of age; ``(2) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); ``(3) the term `law enforcement agency' means an agency of a State, unit of local government, or Indian tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law; ``(4) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; and ``(5) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level. ``SEC. 3024. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2015 through 2019.''.", "summary": "Avonte's Law Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to law enforcement agencies to: (1) reduce the risk of injury and death relating to the wandering characteristics of some individuals with autism and other disabilities, and (2) safeguard the well-being of individuals with disabilities during interactions with law enforcement. Requires grant awards to be used to: (1) provide education and resources to law enforcement agencies, first responders, schools, clinicians, and the public in order to reduce the risk of wandering by such individuals, help to identify signs of abuse in such individuals, increase their personal safety and survival skills, and facilitate effective communication with individuals who have communication-related disabilities; (2) provide training and emergency protocols for school administrators, staff, and families; (3) provide response tools and training for law enforcement and search-and-rescue agencies, including tracking technology; or (4) provide response tools and training to law enforcement agencies in order to recognize and respond to individuals with intellectual and developmental disabilities. Directs the Attorney General to establish standards and best practices relating to the use of tracking technology to monitor children with autism and other disabilities. Requires each law enforcement agency that receives a grant to comply with any such standards and best practices."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Alcohol and Substance Abuse Program Consolidation Act of 2000''. SEC. 2. STATEMENT OF PURPOSE. The purposes of this Act are-- (1) to enable Indian tribes to consolidate and integrate alcohol and other substance abuse prevention, diagnosis and treatment programs, and mental health and related programs, to provide unified and more effective and efficient services to Native Americans afflicted with alcohol and other substance abuse problems; and (2) to recognize that Indian tribes can best determine the goals and methods for establishing and implementing prevention, diagnosis and treatment programs for their communities, consistent with the policy of self-determination. SEC. 3. DEFINITIONS. (a) In General.--In this Act: (1) Federal agency.--The term ``Federal agency'' has the same meaning given the term in section 551(1) of title 5, United States Code. (2) Indian.--The term ``Indian'' shall have the meaning given such term in section 4(d) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(d)). (3) Indian tribe.--The terms ``Indian tribe'' and ``tribe'' shall have the meaning given the term ``Indian tribe'' in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)) and shall include entities as provided for in subsection (b)(2). (4) Secretary.--Except where otherwise provided, the term ``Secretary'' means the Secretary of Health and Human Services. (5) Substance abuse.--The term ``substance abuse'' includes the illegal use or abuse of a drug, the abuse of an inhalant, or the abuse of tobacco or related products. (b) Indian Tribe.-- (1) In general.--In any case in which an Indian tribe has authorized another Indian tribe, an inter-tribal consortium, or a tribal organization to plan for or carry out programs, services, functions, or activities (or portions thereof) on its behalf under this Act, the authorized Indian tribe, inter- tribal consortium, or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this Act). (2) Inclusion of other entities.--In a case described in paragraph (1), the term ``Indian tribe'', as defined in subsection (a)(2), shall include the additional authorized Indian tribe, inter-tribal consortium, or tribal organization. SEC. 4. INTEGRATION OF SERVICES AUTHORIZED. The Secretary of Health and Human Services, in cooperation with the Secretary of Labor, Secretary of the Interior, Secretary of Education, Secretary of Housing and Urban Development, United States Attorney General, and Secretary of Transportation, as appropriate, shall, upon the receipt of a plan acceptable to the Secretary that is submitted by an Indian tribe, authorize the tribe to coordinate, in accordance with such plan, its federally funded alcohol and substance abuse and mental health programs in a manner that integrates the program services involved into a single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions. SEC. 5. PROGRAMS AFFECTED. The programs that may be integrated in a demonstration project under any plan referred to in section 4 shall include-- (1) any program under which an Indian tribe is eligible for the receipt of funds under a statutory or administrative formula for the purposes of prevention, diagnosis or treatment of alcohol and other substance abuse problems and disorders, or mental health problems and disorders, or any program designed to enhance the ability to treat, diagnose or prevent alcohol and other substance abuse and related problems and disorders, or mental health problems or disorders; (2) any program under which an Indian tribe is eligible for receipt of funds though a competitive or other grant program for the purposes of prevention, diagnosis or treatment of alcohol and other substance abuse problems and disorders, or mental health problems and disorders, or treatment, diagnosis and prevention of related problems and disorders, or any program designed to enhance the ability to treat, diagnose or prevent alcohol and other substance abuse and related problems and disorders, or mental health problems or disorders, if-- (A) the Indian tribe has provided notice to the appropriate agency regarding the intentions of the tribe to include the grant program in the plan it submits to the Secretary, and the affected agency has consented to the inclusion of the grant in the plan; or (B) the Indian tribe has elected to include the grant program in its plan, and the administrative requirements contained in the plan are essentially the same as the administrative requirements under the grant program; and (3) any program under which an Indian tribe is eligible for receipt of funds under any other funding scheme for the purposes of prevention, diagnosis or treatment of alcohol and other substance abuse problems and disorders, or mental health problems and disorders, or treatment, diagnosis and prevention of related problems and disorders, or any program designed to enhance the ability to treat, diagnose or prevent alcohol and other substance abuse and related problems and disorders, or mental health problems or disorders. SEC. 6. PLAN REQUIREMENTS. For a plan to be acceptable under section 4, the plan shall-- (1) identify the programs to be integrated; (2) be consistent with the purposes of this Act authorizing the services to be integrated into the project; (3) describe a comprehensive strategy that identifies the full range of existing and potential alcohol and substance abuse and mental health treatment and prevention programs available on and near the tribe's service area; (4) describe the manner in which services are to be integrated and delivered and the results expected under the plan; (5) identify the projected expenditures under the plan in a single budget; (6) identify the agency or agencies in the tribe to be involved in the delivery of the services integrated under the plan; (7) identify any statutory provisions, regulations, policies or procedures that the tribe believes need to be waived in order to implement its plan; and (8) be approved by the governing body of the tribe. SEC. 7. PLAN REVIEW. (a) Consultation.--Upon receipt of a plan from an Indian tribe under section 4, the Secretary shall consult with the Secretary of each Federal agency providing funds to be used to implement the plan, and with the tribe submitting the plan. (b) Identification of Waivers.--The parties consulting on the implementation of the plan under subsection (a) shall identify any waivers of statutory requirements or of Federal agency regulations, policies or procedures necessary to enable the tribal government to implement its plan. (c) Waivers.--Notwithstanding any other provision of law, the Secretary of the affected agency shall have the authority to waive any statutory requirement, regulation, policy, or procedure promulgated by the affected agency that has been identified by the tribe or the Federal agency under subsection (b) unless the Secretary of the affected department determines that such a waiver is inconsistent with the purposes of this Act or with those provisions of the Act that authorizes the program involved which are specifically applicable to Indian programs. SEC. 8. PLAN APPROVAL. (a) In General.--Not later than 90 days after the receipt by the Secretary of a tribe's plan under section 4, the Secretary shall inform the tribe, in writing, of the Secretary's approval or disapproval of the plan, including any request for a waiver that is made as part of the plan. (b) Disapproval.--If a plan is disapproved under subsection (a), the Secretary shall inform the tribal government, in writing, of the reasons for the disapproval and shall give the tribe an opportunity to amend its plan or to petition the Secretary to reconsider such disapproval, including reconsidering the disapproval of any waiver requested by the Indian tribe. SEC. 9. FEDERAL RESPONSIBILITIES. (a) Responsibilities of the Indian Health Service.-- (1) Memorandum of understanding.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Education, the Secretary of Housing and Urban Development, the United States Attorney General, and the Secretary of Transportation shall enter into an interdepartmental memorandum of agreement providing for the implementation of the plans authorized under this Act. (2) Lead agency.--The lead agency under this Act shall be the Indian Health Service. (3) Responsibilities.--The responsibilities of the lead agency under this Act shall include-- (A) the development of a single reporting format related to the plan for the individual project which shall be used by a tribe to report on the activities carried out under the plan; (B) the development of a single reporting format related to the projected expenditures for the individual plan which shall be used by a tribe to report on all plan expenditures; (C) the development of a single system of Federal oversight for the plan, which shall be implemented by the lead agency; (D) the provision of technical assistance to a tribe appropriate to the plan, delivered under an arrangement subject to the approval of the tribe participating in the project, except that a tribe shall have the authority to accept or reject the plan for providing the technical assistance and the technical assistance provider; and (E) the convening by an appropriate official of the lead agency (whose appointment is subject to the confirmation of the Senate) and a representative of the Indian tribes that carry out projects under this Act, in consultation with each of the Indian tribes that participate in projects under this Act, of a meeting not less than 2 times during each fiscal year for the purpose of providing an opportunity for all Indian tribes that carry out projects under this Act to discuss issues relating to the implementation of this Act with officials of each agency specified in paragraph (1). (b) Report Requirements.--The single reporting format shall be developed by the Secretary under subsection (a)(3), consistent with the requirements of this Act. Such reporting format, together with records maintained on the consolidated program at the tribal level shall contain such information as will-- (1) allow a determination that the tribe has complied with the requirements incorporated in its approved plan; and (2) provide assurances to the Secretary that the tribe has complied with all directly applicable statutory requirements and with those directly applicable regulatory requirements which have not been waived. SEC. 10. NO REDUCTION IN AMOUNTS. In no case shall the amount of Federal funds available to a participating tribe involved in any project be reduced as a result of the enactment of this Act. SEC. 11. INTERAGENCY FUND TRANSFERS AUTHORIZED. The Secretary of the Interior, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Education, the Secretary of Housing and Urban Development, the United States Attorney General, or the Secretary of Transportation, as appropriate, is authorized to take such action as may be necessary to provide for the interagency transfer of funds otherwise available to a tribe in order to further the purposes of this Act. SEC. 12. ADMINISTRATION OF FUNDS AND OVERAGE. (a) Administration of Funds.-- (1) In general.--Program funds shall be administered under this Act in such a manner as to allow for a determination that funds from specific programs (or an amount equal to the amount utilized from each program) are expended on activities authorized under such program. (2) Separate records not required.--Nothing in this section shall be construed as requiring a tribe to maintain separate records tracing any services or activities conducted under its approved plan under section 4 to the individual programs under which funds were authorized, nor shall the tribe be required to allocate expenditures among individual programs. (b) Overage.--All administrative costs under a plan under this Act may be commingled, and participating Indian tribes shall be entitled to the full amount of such costs (under each program or department's regulations), and no overage shall be counted for Federal audit purposes so long as the overage is used for the purposes provided for under this Act. SEC. 13. FISCAL ACCOUNTABILITY. Nothing in this Act shall be construed to interfere with the ability of the Secretary or the lead agency to fulfill the responsibilities for the safeguarding of Federal funds pursuant to chapter 75 of title 31, United States Code (the Single Audit Act of 1984). SEC. 14. REPORT ON STATUTORY AND OTHER BARRIERS TO INTEGRATION. (a) Preliminary Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives on the implementation of the program authorized under this Act. (b) Final Report.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives on the results of the implementation of the program authorized under this Act. The report shall identify statutory barriers to the ability of tribes to integrate more effectively their alcohol and substance abuse services in a manner consistent with the purposes of this Act. SEC. 15. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE INDIAN ALCOHOL AND DRUG TREATMENT OR MENTAL HEALTH PROGRAMS. Any State with an alcohol and substance abuse or mental health program targeted to Indian tribes shall be eligible to receive, at no cost to the State, such Federal personnel assignments as the Secretary, in accordance with the applicable provisions of subchapter IV of chapter 33 of title 5, United States Code (the Intergovernmental Personnel Act of 1970), may deem appropriate to help insure the success of such program. Passed the Senate June 13, 2000. Attest: GARY SISCO, Secretary.", "summary": "Prohibits any reduction of Federal funds available to a participating tribe as a result of this Act. Provides for interagency fund transfers to carry out this Act. Makes any State with an alcohol and substance abuse or mental health program targeted to Indian tribes eligible to receive, at no cost, such Federal personnel assignments as the Secretary may deem appropriate to help ensure the success of such program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``No Child Left Behind Reform Act''. SEC. 2. ADEQUATE YEARLY PROGRESS. (a) Definition of Adequate Yearly Progress.--Section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended-- (1) in subparagraph (C)(vii)-- (A) by striking ``such as''; (B) by inserting ``such as measures of individual or cohort growth over time based on the academic assessments implemented in accordance with paragraph (3),'' after ``described in clause (v),''; and (C) by striking ``attendance rates,''; and (2) in subparagraph (D)-- (A) by striking clause (ii); (B) by striking ``the State'' and all that follows through ``ensure'' and inserting ``the State shall ensure''; and (C) by striking ``; and'' and inserting a period. (b) Academic Assessment and Local Educational Agency and School Improvement.--Section 1116(a)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(a)(1)(B)) is amended by striking ``, except that'' and all that follows through ``action or restructuring''. SEC. 3. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP. Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the following: ``SEC. 1120C. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP. ``(a) Grant Authority.--The Secretary may award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to develop or increase the capacity of data systems for accountability purposes and award subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring adequate yearly progress. ``(b) Priority.--In awarding grants under this section, the Secretary shall give priority to State educational agencies that have created, or are in the process of creating, a growth model or proficiency index as part of their adequate yearly progress determination. ``(c) State Use of Funds.--Each State that receives a grant under this section shall use-- ``(1) not more than 20 percent of the grant funds for the purpose of increasing the capacity of, or creating, State databases to collect information related to adequate yearly progress; and ``(2) not less than 80 percent of the grant funds to award subgrants to local educational agencies within the State to enable the local educational agencies to carry out the authorized activities described in subsection (d). ``(d) Authorized Activities.--Each local educational agency that receives a subgrant under this section shall use the subgrant funds to increase the capacity of the local educational agency to upgrade databases or create unique student identifiers for the purpose of measuring adequate yearly progress, by-- ``(1) purchasing database software or hardware; ``(2) hiring additional staff for the purpose of managing such data; ``(3) providing professional development or additional training for such staff; and ``(4) providing professional development or training for principals and teachers on how to effectively use such data to implement instructional strategies to improve student achievement. ``(e) State Application.--Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) LEA Application.--Each local educational agency desiring a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Each such application shall include, at a minimum, a demonstration of the local educational agency's ability to put such a database in place. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $80,000,000 for each of fiscal years 2005, 2006, and 2007.''. SEC. 4. TARGETING TRANSFER OPTIONS AND SUPPLEMENTAL SERVICES. (a) Targeting Transfer Options and Supplemental Services.--Section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) is amended-- (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and (8)(A)(i) of subsection (b), by striking the term ``all students enrolled in the school'' each place such term appears and inserting ``all students enrolled in the school, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),''; (2) in subsection (b)(1), by adding at the end the following: ``(G) Maintenance of least restrictive environment.--A student who is eligible to receive services under the Individuals with Disabilities Education Act and who uses the option to transfer under subparagraph (E), paragraph (5)(A), (7)(C)(i), or (8)(A)(i), or subsection (c)(10)(C)(vii), shall be placed and served in the least restrictive environment appropriate, in accordance with the Individuals with Disabilities Education Act.''; (3) in clause (vii) of subsection (c)(10)(C), by inserting ``, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),'' after ``Authorizing students''; and (4) in subparagraph (A) of subsection (e)(12), by inserting ``, who is a member of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2)'' after ``under section 1113(c)(1)''. (b) Student Already Transferred.--A student who transfers to another public school pursuant to section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) before the effective date of this section and the amendments made by this section, may continue enrollment in such public school after the effective date of this section and the amendments made by this section. (c) Effective Date.--This section and the amendments made by this section shall be effective for each fiscal year for which the amount appropriated to carry out title I of the Elementary and Secondary Education Act of 1965 for the fiscal year, is less than the amount authorized to be appropriated to carry out such title for the fiscal year. SEC. 5. DEFINITION OF HIGHLY QUALIFIED TEACHERS. Section 9101(23)(B)(ii) of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amended-- (1) in subclause (I), by striking ``or'' after the semicolon; (2) in subclause (II), by striking ``and'' after the semicolon; and (3) by adding at the end the following: ``(III) in the case of a middle school teacher, passing a State approved middle school generalist exam when the teacher receives the teacher's license to teach middle school in the State; ``(IV) obtaining a State social studies certificate that qualifies the teacher to teach history, geography, economics, and civics in middle or secondary schools, respectively, in the State; or ``(V) obtaining a State science certificate that qualifies the teacher to teach earth science, biology, chemistry, and physics in middle or secondary schools, respectively, in the State; and''.", "summary": "No Child Left Behind Reform Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise certain requirements which were added by the No Child Left Behind Act of 2001, including ones relating to: (1) adequate yearly progress (AYP); (2) academic assessment and local educational agency and school improvement; (3) school choice and supplemental services options; and (4) teacher qualifications. Allows schools to be given credit for performing well on measures other than test scores when calculating student achievement. Authorizes the Secretary of Education to award competitive grants to State educational agencies to: (1) develop or increase the capacity of data systems for accountability purposes; and (2) subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring AYP. Allows schools to target school choice and supplemental services to the students who are members of specified types of groups that fail to make AYP. Requires placement and service in the least restrictive environment for students who receive services under the Individuals With Disabilities Education Act who use an option to transfer under ESEA. Revises the definition of highly qualified teacher to authorize States to: (1) use a generalist exam for middle school teachers; and (2) issue certificates that qualify teachers to teach a number of subjects in social studies or in science."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hippocratic Oath and Patient Protection Act of 1996''. SEC. 2. DUTIES OF A HEALTH CARRIER. Under a contract or agreement with a health care provider or enrollee, a health carrier-- (1) shall not-- (A) prevent or limit a health care provider's protected communication to a patient or the public as described in section 3; (B) operate an improper incentive plan as described in section 4; or (C) include indemnification clauses as described in section 5; and (2) shall disclose (in plain English understandable by a layperson) to a health care provider and to an enrollee-- (A) a list of all services and benefits offered under the health plan, including any service or benefit maximum, limitation, or exclusion; (B) the procedures used in authorizing, approving, limiting, or denying services or benefits under the health plan; and (C) any health care provider incentive plan as described in section 4(b) that exists under the contract or agreement. SEC. 3. PROTECTED COMMUNICATION. (a) In General.--Except as limited in subsection (b), for purposes of section 2(1)(A) a protected communication is a communication of information relevant to the care or course of treatment of a patient. (b) Limitations.--Such a protected communication does not include-- (1) a trade secret; or (2) a knowing misrepresentation by a health care provider. SEC. 4. IMPROPER HEALTH CARE PROVIDER INCENTIVE PLAN. (a) In General.--For purposes of section 2(1)(B), a health care provider incentive plan is improper, unless such plan meets the requirements of section 1876(i)(8)(A) of the Social Security Act (42 U.S.C. 1395mm(i)(8)(A)) for physician incentive plans in contracts with eligible organizations under section 1876 of such Act. (b) Incentive Plan Defined.--The term ``health care provider incentive plan'' means any compensation or other financial arrangement between a health carrier and a health care provider that may directly or indirectly have the effect of limiting services provided with respect to an enrollee. SEC. 5. PROHIBITED INDEMNIFICATION CLAUSES. For purposes of section 2(1)(C), a prohibited indemnification clause is any provision to indemnify a health carrier against liability from a civil action brought by, or on behalf of, an enrollee or a health care provider for any damage caused to the enrollee or the health care provider by the health carrier. SEC. 6. ENFORCEMENT. (a) In General.--The Secretary of Health and Human Services may impose upon a health carrier who violates a provision of this Act a civil money penalty of-- (1) up to $25,000 for each violation, or (2) up to $100,000 for each violation if the Secretary determines that the health carrier has engaged, within the 5 years immediately preceding such violation, in a pattern of such violations. (b) Procedures.--Subsections (c) through (l) of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) apply to a civil penalty under this paragraph in the same manner as they apply to a civil penalty under section 1128A(a) of such Act. SEC. 7. PRIVATE CAUSE OF ACTION. Whoever is aggrieved by a violation of this Act may in a civil action obtain appropriate relief. SEC. 8. REPORT TO CONGRESS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress that evaluates-- (1) the impact of this Act on health carriers, health care providers, and enrollees; and (2) the enforcement of this Act by the Secretary. (b) Recommendations.--The Secretary shall include in the report required under subsection (a) recommendations for such changes as may be needed to ensure compliance by health carriers with this Act. SEC. 9. DEFINITIONS. As used in this Act-- (1) the term ``health plan'' means any public or private entity or program that provides for payments for health care, including-- (A) a group health plan (as defined in section 607 of the Employee Retirement Income Security Act of 1974) or a multiple employer welfare arrangement (as defined in section 3(40) of such Act) that provides health benefits; (B) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract; (C) workers' compensation or similar insurance to the extent that it relates to workers' compensation medical benefits (as defined by the Federal Trade Commission); and (D) automobile medical insurance to the extent that it relates to medical benefits (as defined by the Federal Trade Commission); (2) the term ``health care provider'' means a person who contracts with a health carrier to provide health care services to enrollees; (3) the term ``health carrier'' means a person who contracts or offers to contract on a risk-assuming basis-- (A) to provide, deliver, or arrange for health care services; or (B) to pay for or reimburse any of the cost of health care services; and (4) the term ``enrollee'' means a person enrolled under a health plan. SEC. 10. EFFECTIVE DATES. (a) Subsections 2(1) (A) and (C) shall take effect on the date of the enactment of this Act, and apply to contracts or agreements entered into or renewed before, on, or after the date of the enactment of this Act. (b) Subsections 2(1)(B) and 2(2) shall take effect 90 days after the date of the enactment of this Act, and apply to contracts or agreements entered into or renewed before, on, or after the date of the enactment of this Act.", "summary": "Hippocratic Oath and Patient Protection Act of 1996 - Prohibits health carriers, in contracts with providers or enrollees, from: (1) preventing or limiting provider communications to a patient or the public; (2) operating an incentive plan that does not meet requirements of specified provisions of title XVIII (Medicare) of the Social Security Act; or (3) including a provision to indemnify a carrier against liability from an action brought by or for an enrollee or provider for damage caused to the enrollee or provider by the carrier. Requires carriers to disclose in plain English: (1) a list of all services and benefits offered; (2) procedures used by the plan; and (3) any existing incentive plan. Mandates a civil monetary penalty and authorizes a private cause of action for violations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``SuperPAC Elimination Act of 2017''. SEC. 2. ELIMINATION OF CERTAIN CONTRIBUTIONS LIMITATIONS. (a) Purpose.--The purpose of this section is to allow unlimited direct contributions by citizens and lawful permanent residents of the United States to candidates in Federal elections. (b) Elimination of Limitations.--Section 315(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended-- (1) in paragraph (1)-- (A) by striking subparagraph (A) and redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; and (B) in subparagraph (B), as redesignated by subparagraph (A), by striking ``(other than a committee described in subparagraph (D))'' and inserting ``(other than an authorized political committee of a candidate or a committee described in subparagraph (C))''; (2) in paragraph (2)-- (A) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in subparagraph (B), as redesignated by subparagraph (A), by inserting ``(other than an authorized political committee of a candidate)'' after ``political committee''; and (3) by striking paragraph (3). (c) Conforming Amendments.-- (1) Section 315(a) of such Act (52 U.S.C. 30116(a)) is amended by striking paragraph (6). (2)(A) Section 315(c) of such Act (52 U.S.C. 30116(c)) is amended-- (i) by striking ``(a)(1)(B), (a)(3),'' in paragraph (1)(B)(i); (ii) by striking ``, (a)(1)(B), (a)(3),'' in subparagraph (1)(C); and (iii) by striking ``, (a)(1)(B), (a)(3),'' in paragraph (2)(B)(ii). (B) Section 304(i)(3)(B) of such Act (52 U.S.C. 30104(i)(3)(B)) is amended by striking ``, (a)(1)(B), (a)(3),''. (3) Section 323(e)(1)(B)(i) of such Act (52 U.S.C. 30125(e)(1)(B)(i)) is amended by striking ``contributions to candidates and political committees under paragraphs (1), (2), and (3)'' and inserting ``contributions to political committees under paragraphs (1) and (2)''. SEC. 3. 24-HOUR NOTIFICATION REQUIRED FOR ALL DIRECT CONTRIBUTIONS TO CANDIDATES. Section 304(a)(6)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(a)(6)(A)) is amended to read as follows: ``(A) In general.-- ``(i) If a candidate receives an aggregate amount of contributions in excess of $200 from any contributor during a calendar year, the principal campaign committee of such candidate shall submit to the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, a notification containing the name of the candidate and office sought by the candidate, the identification of the contributor, and the date of the receipt and amount of the contribution. ``(ii) If, at any time after a candidate is required to submit a notification under this subparagraph with respect to a contributor during a calendar year, the candidate receives additional contributions from that contributor during that year, the principal campaign committee of the candidate shall submit an additional notification under clause (i) with respect to such contributor. ``(iii) The principal campaign committee of the candidate shall submit the notification required under this subparagraph with respect to a contributor-- ``(I) in the case of a notification described in clause (i), not later than 24 hours after the date on which the aggregate amount of contributions received from the contributor during the calendar year exceeds $200; or ``(II) in the case of an additional notification described in clause (ii), not later than 24 hours after the date of the contribution.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to contributions made for elections occurring after the date of the enactment of this Act.", "summary": "SuperPAC Elimination Act of 2017 This bill amends the Federal Election Campaign Act of 1971 to: (1) eliminate the limitations on direct contributions from individuals and political committees to candidates in federal elections; and (2) require 24-hour notification to the Secretary of the Senate or the Federal Election Commission, and the Secretary of State, as appropriate, for all direct contributions to candidates in excess of $200."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Promises to Service- Disabled Veterans Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Federal agencies have an obligation to comply with the Veterans Entrepreneurship and Small Business Development Act of 1999 (Public Law 106-50; 113 Stat. 233), and the amendments made by that Act, which established a Government-wide goal that not less than 3 percent of the total value of all prime contracts and subcontracts be awarded to small business concerns owned and controlled by service-disabled veterans each fiscal year (referred to in this section as the ``Government- wide goal for service-disabled veterans''). (2) Progress in meeting the Government-wide goal for service-disabled veterans has been unacceptably slow. (3) Prime contractors doing business with the United States Government have an obligation to do their part to meet the Government-wide goal for service-disabled veterans. (4) The public has a right to know whether the Executive departments (as defined in section 101 of title 5, United States Code) and prime contractors are meeting the Government- wide goal for service-disabled veterans. SEC. 3. TRANSPARENCY IN CONTRACTING GOALS FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS. Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following: ``(s) Transparency in Contracting Goals for Small Business Concerns Owned and Controlled by Service-Disabled Veterans.-- ``(1) Definitions.--In this subsection-- ``(A) the term `covered contractor' means a contractor that is required to submit a subcontracting plan under section 8(d) to an Executive department; and ``(B) the term `Executive department' has the meaning given that term in section 101 of title 5, United States Code. ``(2) Reports to administrator.--Three months after the date of enactment of this subsection, and quarterly thereafter, the head of each Executive department shall submit to the Administrator a report that contains-- ``(A) the percentage of the total value of all prime contracts awarded by the Executive department to small business concerns owned and controlled by service-disabled veterans during the 3-month period ending on the date of the report; ``(B) the name of each covered contractor to which the Executive department awards a contract; ``(C) for each contract awarded to a covered contractor by the Executive department-- ``(i) the percentage goal negotiated under section 8(d)(6)(A) for the utilization as subcontractors of small business concerns owned and controlled by service-disabled veterans; and ``(ii) if the contract is completed during the 3-month period ending on the date of the report, the percentage of the total value of subcontracts entered into by the covered contractor awarded to small business concerns owned and controlled by service-disabled veterans; ``(D) the weighted average percentage goal negotiated by each covered contractor under section 8(d)(6)(A) for the utilization as subcontractors of small business concerns owned and controlled by service-disabled veterans for all contracts awarded by the Executive department to the covered contractor; and ``(E) for all contracts awarded to covered contractors by the Executive department that are completed during the 3-month period ending on the date of the report, the percentage of the total value of all subcontracts awarded by covered contractors that were awarded to small business concerns owned and controlled by service-disabled veterans. ``(3) Rankings.--For the first full fiscal year following the date of enactment of this subsection, and each fiscal year thereafter, the Administrator shall rank-- ``(A) the Executive departments, based on-- ``(i) the percentage of the total value of prime contracts awarded by the Executive departments to small business concerns owned and controlled by service-disabled veterans; and ``(ii) the percentage of the total value of subcontracts awarded by covered contractors that are awarded contracts by the Executive departments to small business concerns owned and controlled by service-disabled veterans; and ``(B) covered contractors, based on the percentage of the total value of subcontracts awarded by the covered contractors to small business concerns owned and controlled by service-disabled veterans. ``(4) Publication.-- ``(A) Website.--Except as provided in subparagraph (B), the Administrator shall publish on a website accessible to the public a user-friendly, electronically searchable report containing-- ``(i) the information submitted to the Administrator under paragraph (2); and ``(ii) the rankings made by the Administrator under paragraph (3). ``(B) Exception for national security.--If the head of an Executive department determines that publication of information contained in a report submitted under paragraph (2) would be detrimental to national security, the Administrator shall not publish the information on the website described in subparagraph (A). ``(C) Updating.--The Administrator shall update the contents of the website described in subparagraph (A) not less frequently than quarterly. ``(5) Reports to congress.-- ``(A) Annual report.--The Administrator shall submit to Congress an annual report on the progress of each Executive department toward meeting the Government-wide goals for contracting and subcontracting established under subsection (g). ``(B) Contents.--Each report under this paragraph shall include-- ``(i) a statement of whether the website described in paragraph (4) contains the latest data reported to the Administrator by the Executive departments; and ``(ii) a recommendation of a prime contractor that should be recognized by Congress for outstanding progress in contracting with small business concerns owned and controlled by service-disabled veterans. ``(6) Rule of construction.--Nothing in this subsection may be construed to affect any other reporting requirement under Federal law.''.", "summary": "Honoring Promises to Service-Disabled Veterans Act of 2011 - Amends the Small Business Act to direct the head of each executive department to submit a quarterly report to the Administrator of the Small Business Administration (SBA) containing the percentage of the total value of all prime contracts awarded by the executive department during the preceding three-month period to small business concerns owned and controlled by service-disabled veterans, including, along with other specified percentages, for contracts awarded to certain contractors required to submit a subcontracting plan, the negotiated percentage goal for utilization of such subcontractors and the total value of subcontracts entered into by the contractor awarded to service-disabled veteran small business concerns. Requires the Administrator to: (1) annually rank the executive departments and contractors concerned based on specified contracting and subcontracting percentages; (2) publish and update at least quarterly, on a publicly accessible website, subject to exceptions for information detrimental to national security, such information reported by the executive departments and the Administrator's annual rankings; and (3) submit to Congress an annual report on the progress of each executive department toward meeting the government-wide goal for service-disabled veterans (a government-wide goal that at least 3% of the total value of all prime contracts and subcontracts be awarded to small business concerns owned and controlled by service-disabled veterans each fiscal year) established in the Veterans Entrepreneurship and Small Business Development Act of 1999."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Environmental Protection Act of 1996''. SEC. 2. ENVIRONMENTAL PROTECTION FOR CHILDREN. The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by adding at the end the following: ``TITLE V--ENVIRONMENTAL PROTECTION FOR CHILDREN ``SEC. 501. FINDINGS AND POLICY. ``(a) Findings.--Congress finds that-- ``(1) public health and safety depends on citizens and local officials knowing the toxic dangers that exist in their communities and neighborhoods; ``(2) children and other vulnerable subpopulations are more at risk from environmental pollutants than adults and therefore face unique health threats that need special attention; ``(3) a study conducted by the National Academy of Sciences on the effects of pesticides in the diets of infants and children concluded that current approaches to risk assessment typically do not consider risks to children and, as a result, current standards and tolerances often fail to adequately protect infants and children; ``(4) risk assessments of pesticides and other environmental pollutants conducted by the Environmental Protection Agency do not clearly differentiate between the risks to children and the risks to adults; ``(5) data are lacking that would allow adequate quantification and evaluation of child-specific and other- vulnerable-subpopulation-specific susceptibility and exposure to environmental pollutants; and ``(6) the absence of data precludes effective government regulation of environmental pollutants, and denies individuals the ability to exercise a right to know and make informed decisions to protect their families. ``(b) Policy.--It is the policy of the United States that-- ``(1) all environmental and public health standards set by the Environmental Protection Agency must be adequate to protect children and other vulnerable subpopulations that are at greater risk from exposure to environmental pollutants; ``(2) adequate hazard data should be developed with respect to the special vulnerability and exposure to environmental pollutants of children and other vulnerable subpopulations to better assess where, and at what levels, children and other vulnerable subpopulations are being exposed; ``(3) scientific research opportunities should be identified by the Environmental Protection Agency to study the health effects of cumulative and simultaneous exposures of children and other vulnerable subpopulations to environmental pollutants; ``(4) information should be made readily available by the Environmental Protection Agency to the general public to advance the public's right-to-know, and allow the public to avoid unnecessary and involuntary exposure; and ``(5) a family right-to-know initiative should be developed by the Environmental Protection Agency to provide parents with basic information so the parents can make informed choices to protect their children from environmental health threats in their homes, schools, and communities. ``SEC. 502. DEFINITIONS. ``In this title: ``(1) Children.--The term `children' includes adolescents and infants. ``(2) Environmental pollutant.--The term `environmental pollutant' means a hazardous substance, as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601), or a pesticide, as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). ``(3) User.--The term `user' means any commercial applicator of, or any person who applies, an environmental pollutant in a school, park, or public area that is reasonably accessible to children. ``(4) Vulnerable subpopulations.--The term `vulnerable subpopulations' means children, pregnant women, the elderly, individuals with a history of serious illness, and other subpopulations identified by the Administrator as likely to experience elevated health risks from environmental pollutants. ``SEC. 503. FAMILY RIGHT-TO-KNOW INITIATIVE. ``(a) In General.--The Administrator shall work with each State to develop a family right-to-know initiative in accordance with this section. ``(b) Grants.-- ``(1) In general.--The Administrator shall make grants to States to develop and carry out a family right-to-know initiative in accordance with this section. ``(2) Terms and conditions.--Grants made under this subsection shall be subject to such terms and conditions as the Administrator establishes to further the purposes of this title. ``(c) Requirements of Initiative.--A State carrying out a family right-to-know initiative shall-- ``(1) require that any user who applies an environmental pollutant in a public area that is reasonably accessible to children complete a simple, easy-to-understand form that provides the amount of environmental pollutant applied, where the environmental pollutant was applied, and when the environmental pollutant was applied; ``(2) work with the Administrator to-- ``(A) develop a uniform definition of the term `public area that is reasonably accessible to children' for purposes of this section, that shall include, at a minimum, schools, shopping malls, movie theaters, and parks; ``(B) develop a uniform form to be completed by users under paragraph (1); ``(C) determine the manner and length of time of keeping the forms completed by users; and ``(D) determine the format for reporting information collected under paragraph (1) to the public; ``(3) prepare annual State reports summarizing the information collected under paragraph (1) for distribution to the Administrator; ``(4) provide the public with copies of annual State reports and local recordkeeping for schools, parks, and public areas; ``(5) make State reports available to the public on the Internet; ``(6) provide the Administrator with such data as the Administrator requests to prepare a nationwide survey under subsection (d); and ``(7) satisfy such other requirements as the Administrator prescribes to carry out this section. ``(d) Nationwide Surveys.-- ``(1) In general.--The Administrator shall prepare a biennial nationwide survey of the information collected under this section. ``(2) Assessment.--The nationwide survey shall assess the extent to which environmental pollutants are present in private office and commercial buildings that are reasonably accessible to children. ``(3) Recommendation.--The nationwide survey shall recommend whether public recordkeeping and public reporting concerning application of environmental pollutants in areas that are reasonably accessible to children should be required. ``(e) Public Availability of Information.-- ``(1) In general.--On request by a member of the public, the Administrator shall provide a copy of any State report or nationwide survey prepared under this section. ``(2) Internet.--The Administrator shall make any State report or nationwide survey prepared under this section available to the public on the Internet. ``SEC. 504. SAFE SCHOOLS AND PARKS. ``(a) In General.--Not later than 1 year after the date of enactment of this title, the Administrator shall-- ``(1) identify hazardous substances and pesticides commonly used in schools and parks; ``(2) create, after peer review, a list of the substances identified in paragraph (1) with high hazard health risks to children and other vulnerable subpopulations; ``(3) make the list created under paragraph (2) available to the public; ``(4) review the list created under paragraph (2) on a biennial basis; and ``(5) develop and issue an Environmental Protection Agency approved sign and label for posting by a school or park to indicate that high hazard environmental pollutants were not used in the school or park. ``(b) Cooperation.--The Administrator shall work with the Secretary of Health and Human Services, the Secretary of Education, the Secretary of the Interior, and the Secretary of Agriculture to ensure wide public distribution of the list created under subsection (a)(2). ``(c) Compliance by Schools and Parks.--Not later than 1 year after the list created under subsection (a)(2) is made available to the public, the Administrator shall prohibit a school or park from using any environmental pollutant on the list. ``SEC. 505. RESEARCH TO IMPROVE INFORMATION ON EFFECTS ON CHILDREN. ``(a) Toxicity Data.--The Administrator, the Secretary of Agriculture, and the Secretary of Health and Human Services shall coordinate the development and implementation of research studies to examine the physiological and pharmacokinetic differences in the effects and toxicity of pesticides (including active and inert ingredients) and other environmental pollutants on children and other vulnerable subpopulations, as identified in the study of the National Academy of Sciences entitled `Pesticides in the Diets of Infants and Children'. ``(b) Exposure Data.--The Administrator, the Secretary of Agriculture, and the Secretary of Health and Human Services shall conduct surveys and applied research to document differences between children and adults with respect to dietary, dermal, and inhalation exposure to pesticides and other environmental pollutants. ``(c) Biennial Reports.--The Administrator, the Secretary of Agriculture, and the Secretary of Health and Human Services shall submit biennial reports to Congress on actions taken to carry out this section. ``SEC. 506. SAFEGUARDING CHILDREN AND OTHER VULNERABLE SUBPOPULATIONS. ``(a) In General.--The Administrator shall-- ``(1) evaluate environmental health risks to vulnerable subpopulations in all of the risk assessments, risk characterizations, environmental and public health standards, and general regulatory decisions carried out by the Administrator; ``(2) carry out paragraph (1) in accordance with the policy of the Environmental Protection Agency on the assessment of risks to children in effect on November 1, 1995; and ``(3) develop and use a separate assessment or finding of risks to vulnerable subpopulations or publish in the Federal Register an explanation of why the separate assessment or finding is not used. ``(b) Reevaluation of Current Public Health and Environmental Standards.-- ``(1) In general.--As part of any risk assessment, risk characterization, environmental or public health standard, or general regulatory decision carried out by the Administrator, the Administrator shall evaluate the environmental health risks to children and other vulnerable subpopulations. ``(2) Implementation.--In carrying out paragraph (1), not later than 1 year after the date of enactment of this title, the Administrator shall-- ``(A) develop an administrative strategy and an administrative process for reviewing standards; ``(B) identify a list of standards that may need revision to ensure the protection of children and vulnerable subpopulations; ``(C) prioritize the list according to the standards that are most important for expedited review to protect children and vulnerable subpopulations; ``(D) identify which standards on the list will require additional research in order to be reevaluated and outline the time and resources required to carry out the research; and ``(E) identify, through public input and peer review, not fewer than 5 public health and environmental standards of the Environmental Protection Agency to be repromulgated on an expedited basis to meet the criteria of this subsection. ``(3) Revised standards.--Not later than 6 years after the date of enactment of this title, the Administrator shall propose not fewer than 5 revised standards that meet the criteria of this subsection. ``(4) Completed revision of standards.--Not later than 15 years after the date of enactment of this title, the Administrator shall complete the revision of standards in accordance with this subsection. ``(5) Report.--The Administrator shall report to Congress on an annual basis on progress made by the Administrator in carrying out the objectives and policy of this subsection. ``SEC. 507. PUBLIC AVAILABILITY OF DATA. ``(a) Disclosure of Health Effects and Exposure Data.--Subject to subsection (b), any data or information known by a Federal agency concerning any test of a pesticide, residue of a pesticide, or other environmental pollutant to determine the potential levels of exposure or health effects shall be available for disclosure to the public, except to the extent the data or information relates to-- ``(1) a manufacturing or quality control process; ``(2) a method for detecting the quantity of any deliberately added inert ingredient of a chemical substance other than a method for detecting a residue of the inert ingredient in or on food; or ``(3) explicit information derived from a pesticide use form submitted under section 1491 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 136i-1). ``(b) Data and Information Submitted Under FIFRA.--Any data or information described in subsection (a) that was submitted to the Administrator under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) shall be made available for disclosure to the public in accordance with section 10 of the Act (7 U.S.C. 136h). ``(c) Disclosure.--This section shall not restrict the release of-- ``(1) information that is otherwise subject to disclosure under section 552 of title 5, United States Code; or ``(2) information available through-- ``(A) a material safety data sheet; ``(B) published scientific literature; or ``(C) a government document. ``SEC. 508. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as are necessary to carry out this title.''.", "summary": "Children's Environmental Protection Act of 1996 - Amends the Toxic Substances Control Act to state U.S. policy regarding the adequacy of protection of children and other vulnerable subpopulations from exposure to environmental pollutants. Defines \"vulnerable subpopulations\" to include children, pregnant women, the elderly, individuals with a history of serious illness, and other subpopulations identified by the Administrator of the Environmental Protection Agency (EPA) as likely to experience elevated health risks from environmental pollutants. Directs the Administrator to: (1) work with each State, including by making grants, to develop a family right-to-know initiative requiring disclosure of the details of application of a pollutant in a public area accessible to children, State reports of such information, and provision of data for a nationwide survey; (2) identify and make publicly available a list of hazardous substances and pesticides commonly used in schools and parks; (3) create a list of substances with high hazard risks; (4) develop and issue an EPA-approved warning sign and label for posting in such areas; and (5) prohibit a school or park from using any pollutant on the high hazard risk list. Directs the Administrator and the Secretaries of Agriculture and of Health and Human Services to: (1) coordinate and implement research studies of the physiological and pharmacokinetic differences in the effects and toxicity of pesticides and other pollutants on children and other vulnerable subpopulations; (2) conduct surveys and research to document differences between children and adults with respect to exposure; and (3) report to the Congress. Directs the Administrator to evaluate environmental health risks to children and vulnerable subpopulations in all risk assessments and characterizations, environmental or public health standards, or general regulatory decisions and develop and use a separate assessment with respect to vulnerable subpopulations. Requires a report to the Congress. Requires public availability, subject to restrictions, of information concerning any test of a pesticide, pesticide residue, or other pollutant to determine potential levels of exposure or health effects. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability in Foster Care Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Key child welfare laws, such as the Adoption and Safe Families Act of 1997 (Public Law 105-89) and the John H. Chafee Foster Care Independence Act of 1999 (Public Law 106-169), emphasize the importance of monitoring States performances in providing for the safety, permanency, stability, and well-being of children in and emancipated from the foster care system via measurable outcome data. (2) Child welfare experts and government agents have identified serious problems with current efforts to measure program functioning related to children in foster care and emancipated youth, including-- (A) Performance measures that prohibit examining children or success over time, overestimate the proportion of children reunified with families, and fail to consider the nature of the children (such as the severity of their problems, their age, and their urbanicity) served that could affect determinations of a State's success; (B) The failure of the Department of Health and Human Services to implement the National Youth in Transition Database to monitor States' performance related to youth aging out of the foster care system, as mandated by the Foster Care Independence Act of 1999; and (C) Findings by the Government Accountability Office that effective Federal oversight of the child welfare system requires reliable information on States' implementation efforts and that the ability of the Administration of Children and Families to monitor State performance continues to be hindered by an absence of standard, comprehensive information within and across State plans on each State's goals, services, and youth outcomes as measured against baselines of past achievement. SEC. 3. ADVISORY PANEL ON THE ADOPTION AND FOSTER CARE ANALYSIS AND REPORTING SYSTEM. (a) Establishment.--Not later than 90 days after the date of the enactment of this subsection, the Secretary shall establish an Advisory Panel (in this Act referred to as the ``Advisory Panel'') on the Adoption and Foster Care Analysis and Reporting System (in this Act referred to as ``AFCARS'') to revise and monitor the data collection, analysis, and reporting system designed to be used to assess and improve State performance in operating child protection and child welfare programs pursuant to parts B and E of title IV of the Social Security Act. (b) Functions.--The Advisory Panel established under subsection (a) shall-- (1) no later than 6 months after its appointment, make written recommendations for changes in law or data collection procedures necessary to revise AFCARS to enable the revised AFCARS to-- (A) longitudinally track child-specific outcomes (including maltreatment in foster care, number of foster care placements, maltreatment in foster care, and time to reunification, adoption, or legal guardianship) for children in or who have exited the foster care system through emancipation, adoption, or legal guardianship, developing appropriate timeframes for following children after exiting the system; (B) collect and analyze entry and exit cohort data; (C) be integrated with the National Youth in Transition Database to promote efficiency in data collection and to allow States to examine the relationships between the experiences of youths while in care and later transition outcomes; and (D) include outcome measures of child well-being (including education, health, mental health, and connection to adults); (2) monitor the implementation of these AFCARS improvements and propose improvements to other State performance measures related to provision of services to children and families, by-- (A) convening not less frequently than annually to evaluate the quality of the revised AFCARS and make recommendations to the Secretary of Health and Human Services for continuing improvement in the quality of the system of data collection, analysis, and reporting; (B) developing a uniform reporting format for the Child and Family Services Plan and the Annual Progress and Services Report in developing services for children and families; and (C) proposing performance standards that allow for differences among States and characteristics among populations served (such as differences in the severity of problems faced by the population, age of the population, or urbanicity of the population) in understanding States performance; and (3) examining the feasibility of linking AFCARS and the National Child Abuse and Neglect Data Systems (NCANDS) to understand longitudinal outcomes of children who may be in both systems. (c) Membership.-- (1) In general.--Subject to paragraph (2), the Secretary of Health and Human Services shall determine the membership and organization of the Advisory Panel. (2) Qualifications.--The membership of the Advisory Panel shall include-- (A) representatives of State and local governmental agencies with responsibility for foster care and adoption services, which may include caseworkers responsible for input data used for AFCARS or other Federal child welfare data reporting systems; (B) representatives of research organizations and universities who focus on child welfare issues; (C) representatives of private, nonprofit organizations with an interest in child protection and child welfare, including those with demonstrated expertise in developing effective child welfare assessment tools; (D) representatives of Federal agencies responsible for the collection of child welfare data and statistics; (E) representatives of families of former foster children, including adoptive parents or guardians; and (F) representatives of juvenile, family, or dependency courts. (d) Use of Alternative Longitudinal Measures by States.--Until final regulations providing for implementation of the recommendations made pursuant to this section are promulgated, the Secretary shall assess the extent to which a State is in compliance with a corrective action plan pursuant to section 1123A of the Social Security Act through use of such alternative longitudinal measures as the State may select. (e) Permanency.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board. SEC. 4. REGULATIONS TO REVISE THE ADOPTION AND FOSTER CARE ANALYSIS AND REPORTING SYSTEM. (a) Notice of Proposed Regulations.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall cause to be published in the Federal Register a notice of proposed regulations to revise AFCARS which details the plans and timetable for implementing the regulations described in subsection (b). (b) Content of Proposed Regulations.--The proposed regulations shall be based on the recommendations provided by the Advisory Panel, and shall-- (1) permit longitudinal analysis of child-specific outcomes, including analysis of entry and exit cohort data for children in and emancipated from foster care; (2) permit AFCARS to be integrated with the planned National Youth in Transition Database; and (3) contain such other rules as may be necessary to ensure that the revised AFCARS can perform the functions described in section 3(b). (c) Final Regulations.--Not later than 6 months after the notice required by subsection (a) is published, the Secretary of Health and Human Services shall publish final regulations to revise AFCARS in the manner described in this section.", "summary": "Accountability in Foster Care Act - Directs the Secretary of Health and Human Services to establish an Advisory Panel on the Adoption and Foster Care Analysis and Reporting System (AFCARS) to revise and monitor the data collection, analysis, and reporting system designed to be used to assess and improve state performance in operating child protection and child welfare programs (pursuant to parts B and E of title IV of the Social Security Act). Directs the Secretary to publish notice of proposed regulations, based on Advisory Panel recommendations, and final regulations to revise AFCARS. Requires such regulations to: (1) permit longitudinal analysis of child-specific outcomes, including analysis of entry and exit cohort data for children in and emancipated from foster care; (2) permit AFCARS to be integrated with the planned National Youth in Transition Database; and (3) contain any other rules necessary to ensure that the revised AFCARS can perform specified functions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy America 2.0 Act''. SEC. 2. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. (a) In General.--Funds made available to carry out a transportation or infrastructure project using Federal funds may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (b) Exceptions.--Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency overseeing a project finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) Waiver.--If the head of a Federal department or agency receives a request for a waiver under this section, the head of such department or agency shall make available to the public a copy of the request and information available to the head of such department or agency concerning the request, and shall allow for public input on the request for at least 15 days prior to making a finding based on the request. The head of such department or agency shall make the request and accompanying information available by electronic means, including on the official public Internet site of such department or agency. (d) Application.--This section shall be applied in a manner consistent with United States obligations under international agreements. (e) Applicability.--Nothing in this section shall supercede or preempt any existing Buy America provision to the extent such provision conflicts with this section. SEC. 3. PUBLIC TRANSPORTATION BUY AMERICA PROVISIONS. Section 5323(j)(2)(C)(i) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of subclause II; (2) in subclause (III)-- (A) by striking ``and each fiscal year thereafter''; and (B) by striking ``and'' at the end of the subclause; and (3) inserting after subclause (III) the following: ``(IV) for fiscal year 2021 is more than 75 percent of the cost of all components of the rolling stock; ``(V) for fiscal year 2022 is more than 80 percent of the cost of all components of the rolling stock; ``(VI) for fiscal year 2023 is more than 85 percent of the cost of all components of the rolling stock; ``(VII) for fiscal year 2024 is more than 90 percent of the cost of all components of the rolling stock; ``(VIII) for fiscal year 2025 is more than 95 percent of the cost of all components of the rolling stock; and ``(IX) for fiscal year 2026 and each fiscal year thereafter is 100 percent of the cost of all components of the rolling stock; and''. SEC. 4. RAIL LOAN AND LOAN GUARANTEE BUY AMERICA PROVISIONS. Section 502(h)(3) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (3) by adding at the end the following: ``(C) the requirements of section 24405(a) of title 49, United States Code.''. SEC. 5. AVIATION BUY AMERICA PROVISIONS. Section 50101 of title 49, United States Code, is amended-- (1) in subsection (a) by inserting ``, iron,'' after ``steel''; and (2) in subsection (b)-- (A) in paragraph (2), by inserting ``, iron,'' after ``steel''; and (B) in paragraph (3), by striking subparagraph (A) and inserting the following: ``(A) the cost of components and subcomponents produced in the United States-- ``(i) for fiscal year 2018 is more than 60 percent of the cost of all components of the facility or equipment; ``(ii) for fiscal year 2019 is more than 65 percent of the cost of all components of the facility or equipment; ``(iii) for fiscal year 2020 is more than 70 percent of the cost of all components of the facility or equipment; ``(iv) for fiscal year 2021 is more than 75 percent of the cost of all components of the facility or equipment; ``(v) for fiscal year 2022 is more than 80 percent of the cost of all components of the facility or equipment; ``(vi) for fiscal year 2023 is more than 85 percent of the cost of all components of the facility or equipment; ``(vii) for fiscal year 2024 is more than 90 percent of the cost of all components of the facility or equipment; ``(viii) for fiscal year 2025 is more than 95 percent of the cost of all components of the facility or equipment; and ``(ix) for fiscal year 2026, and each fiscal year thereafter, is 100 percent of the cost of all components of the facility or equipment; and''. SEC. 6. SAFE DRINKING WATER BUY AMERICA PROVISION. Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)) is amended by striking ``During fiscal year 2017, funds'' and inserting ``Funds''.", "summary": "Buy America 2.0 Act This bill prohibits federal funding of a transportation or infrastructure project unless the steel, iron, and manufactured goods used for the project are produced in the United States, except where: (1) inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25%. The bill revises and expands Buy America provisions pertaining to public transportation, rail loan and loan guarantees, and aviation. The bill amends the Safe Drinking Water Act to apply in all fiscal years (currently, FY2017) the prohibition on the use of funds for a public water system project that does not use iron and steel products produced in the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Central American and USA Initiatives Act'' or the ``CAUSA Initiatives Act''. SEC. 2. NORTH AND CENTRAL AMERICAN BORDER SECURITY COOPERATION INITIATIVE. (a) Border Security Cooperation Initiative.-- (1) In general.--The Secretary of Homeland Security, in coordination with the Secretary of State and other appropriate United States officials, shall work with the appropriate officials of the Government of Canada and the Government of Mexico, in conjunction with representatives from the governments of Central American countries, to establish a program to-- (A) assess the specific needs of Central American countries to maintain the security of the international borders of such countries; (B) determine the support needed by such countries from the United States, Canada, and Mexico, to meet such needs; and (C) assess the current structure for handling displaced minors and other vulnerable individuals in Central American countries and recommendations to improve such structure. (2) Consideration.--Any actions taken pursuant to this subsection by the individuals referred to in paragraph (1) shall be taken in accordance with the goals of advancing human rights and economic opportunities, as well as programming and support for the rule of law, good governance, and civil society. (b) Report.--The Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate a report on the assessments and determination carried out in accordance with subsection (a). SEC. 3. CARIBBEAN BORDER SECURITY COOPERATION INITIATIVES. (a) In General.--The Secretary of Homeland Security, in cooperation with the Secretary of State, shall work with appropriate officials of the governments of the countries of the Caribbean to establish a program to assess the specific needs of such countries to address the unique challenges of maritime border security. (b) Report.--The Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate a report on the assessment of needs carried out in accordance with subsection (a). SEC. 4. ENHANCING THE SECURITY OF MEXICO'S SOUTHERN BORDER. (a) In General.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall work with appropriate officials of the Government of Mexico to establish a program to assess the specific needs of Mexico to help secure Mexico's southern border from undocumented aliens, drugs, weapons, and other contraband. Such plan shall include-- (1) a comprehensive plan for the deployment and use of technology along the southern border of Mexico, which at a minimum shall contain-- (A) an assessment of current technology capabilities along the southern border of Mexico; (B) a description of the research and development capabilities of the Government of Mexico, and collaboration between the Science and Technology Directorate of the Department of Homeland Security to help improve such capabilities; and (C) a description of Mexico's technology needs to address southern border crossing transportation screening, including vehicle, pedestrian and rail screening; and (2) a comprehensive plan for the repatriation of migrants to their home countries, which at a minimum shall contain-- (A) a description of the ways the Government of Mexico and the Government of the United States can coordinate with international non-governmental organizations to ensure humane repatriation methods are practiced; (B) a description of the training, personnel and equipment needed to implement such a repatriation program; and (C) an assessment of current and future land and rail ports of entry infrastructure that will be needed to maintain legitimate border activity along the southern border of Mexico. (b) Report.--The Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate a report on the assessment of needs carried out in accordance with subsection (a). SEC. 5. IMPROVING UNITED STATES SHORT TERM DETENTION STANDARDS. (a) Proper Access to Adequate Facilities and Personal Needs Upon or as Soon as Practicable Following Apprehension and During Short Term Detention at Border Patrol Processing Centers.--The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall ensure that adequate facilities and sustaining needs, such as access to food and water, medical care and sanitary facilities, are provided to an individual apprehended and detained by a Border Patrol agent between ports of entry upon or as soon as practicable following the time of such apprehension or during subsequent short term detention. (b) Access to Information on Detainee Rights at Border Patrol Processing Centers.-- (1) In general.--The Secretary of Homeland Security, acting through Commissioner of U.S. Customs and Border Protection, shall ensure that an individual unlawfully present in the United States who is apprehended by a Border Patrol agent is promptly provided with information concerning such individual's rights, including the right to contact a representative of such individual's government for purposes of United States treaty obligations. (2) Form.--The information referred to in paragraph (1) may be provided either verbally or in writing by the apprehending Border Patrol agent, and shall be posted in the detention holding cell in which such individual is being held. The information shall be provided in a language understandable to such individual. (c) Documentation Concerning Repatriated Individuals.--The Secretary of Homeland Security, acting through Commissioner of U.S. Customs and Border Protection, shall establish and maintain a database containing the following information relating to individuals unlawfully present in the United States who are apprehended and detained by Border Patrol agents: (1) Information on the location of apprehension. (2) Information on family members separated by the Border Patrol during apprehension or detention. (3) Information on the medical conditions of apprehended and detained individuals during short term detention. (4) Information on any personal property that was returned to the individual upon repatriation. (d) Daytime Repatriation.--Repatriations shall be limited to daylight hours and avoid locations that are determined to have high indices of crime and violence. (e) Short Term Detention Defined.--In this section, the term ``short term detention'' means detention of an individual in a Border Patrol processing center for 72 hours or less, before repatriation of such individual to such individual's country of nationality or last habitual residence. (f) Report.--Not later than 90 days after the date of the enactment of this section, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the procurement process and standards of entities with which the Department of Homeland Security has contracts for the transportation and detention of individuals unlawfully present in the United States who are apprehended by agents or officers of the Department. Such report should also consider the operational efficiency of contracting out for the transportation and detention of individuals unlawfully present in the United States.", "summary": "Central American and USA Initiatives Act or the CAUSA Initiatives Act - Directs the Secretary of Homeland Security (DHS) to work with Canada, Mexico, and the countries of Central America to establish a program to: assess the needs of Central American countries to maintain the security of their international borders; determine the support needed by such countries from the United States, Canada, and Mexico to meet such needs; and assess the current structure for handling displaced minors and other vulnerable individuals in Central American countries and make recommendations to improve such structure. Directs the Secretary to work with: the Caribbean countries to establish a program to address maritime border security; and Mexico to establish a program to help secure Mexico's southern border from undocumented aliens, drugs, weapons, and other contraband. Directs the Secretary, through the Commissioner of U.S. Customs and Border Protection, to: ensure that adequate facilities and sustaining needs (food, water, medical care, and sanitary facilities) are provided to an individual apprehended and detained by the Border Patrol as soon as practicable, ensure that an individual unlawfully present in the United States who is apprehended by a Border Patrol agent is promptly provided with information concerning such individual's rights, and maintain a database on individuals unlawfully present in the United States who are apprehended and detained by Border Patrol agents."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``First Time Property Owners Tax Credit Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME PURCHASE OF REAL PROPERTY. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. FIRST-TIME PURCHASE OF REAL PROPERTY. ``(a) Allowance of Credit.--In the case of an individual who is a first-time purchaser of real property in the United States during any taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 5 percent of the purchase price of such property. ``(b) Limitations.-- ``(1) Maximum dollar amount.-- ``(A) In general.--The credit allowed under subsection (a) shall not exceed the excess (if any) of $1,500 (2 times such amount in the case of a joint return). ``(B) Inflation adjustment.--In the case of any taxable year beginning after December 31, 2008, the $1,500 amount under subparagraph (A) shall be increased by an amount equal to $1,500, multiplied by the cost- of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `2007' for `1992' in subparagraph (B) thereof. If the $1,500 amount as adjusted under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. ``(2) Taxable income limitation.-- ``(A) In general.--If the taxable income of the taxpayer for any taxable year exceeds the maximum taxable income in the table under subsection (a), (b), (c), or (d) of section 1, whichever is applicable, to which the 25 percent rate applies, the dollar amounts in effect under paragraph (1)(A) for such taxpayer for the following taxable year shall be reduced (but not below zero) by the amount of the excess. ``(B) Change in return status.--In the case of married individuals filing a joint return for any taxable year who did not file such a joint return for the preceding taxable year, subparagraph (A) shall be applied by reference to the highest taxable income of either such individual for the preceding taxable year. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) First-time purchaser.-- ``(A) In general.--The term `first-time purchaser' means any individual if such individual (and if married, such individual's spouse) had no present ownership interest in real property during the 2-year period ending on the date of acquisition of the property to which subsection (a) applies. ``(B) One-time only.--If an individual is treated as a first-time purchaser with respect to any real property, such individual may not be treated as a first-time purchaser with respect to any other real property. ``(C) Married individuals filing jointly.--In the case of married individuals who file a joint return, the credit under this section is allowable only if both individuals are first-time purchasers. ``(D) Other taxpayers.--If 2 or more individuals who are not married purchase real property-- ``(i) the credit under this section is allowable only if each of the individuals is a first-time purchaser, and ``(ii) the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed the amount in effect under subsection (b)(1)(A) for individuals filing joint returns. ``(2) Purchase.--The term `purchase' means any acquisition, but only if-- ``(A) the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267 (b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only the individual's spouse, ancestors, and lineal descendants), and ``(B) the basis of the property in the hands of the person acquiring it is not determined-- ``(i) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(ii) under section 1014(a) (relating to property acquired from a decedent). ``(3) Purchase price.--The term `purchase price' means the adjusted basis of the property on the date on which a binding contract to acquire such property is entered into. ``(d) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(e) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any property, the basis of such property shall be reduced by the amount of the credit so allowed. ``(f) Property to Which Section Applies.--The provisions of this section apply to real property if-- ``(1) the taxpayer purchases such property on or after January 1, 2008, and before January 1, 2013, or ``(2) the taxpayer enters into, on or after January 1, 2008, and before January 1, 2013, a binding contract to purchase such property before July 1, 2014.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, and'', and by adding at the end the following new paragraph: ``(37) in the case of real property with respect to which a credit was allowed under section 36, to the extent provided in section 36(e).''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following new items: ``Sec. 36. First-time purchase of real property. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.", "summary": "First Time Property Owners Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow an income-based, one-time refundable tax credit for first-time homebuyers of 5% of the purchase price of real property located in the United States, up to a maximum credit amount of $1,500 ($3,000 for joint returns). Makes such credit applicable to purchases of property on or after January 1, 2008, and before January 1, 2013, and to binding contracts made between such dates to purchase such property before July 1, 2014."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Primary Care Physician Reentry Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) According to the Association of American Medical Colleges-- (A) the shortage of primary care physicians will reach 45,000 by the year 2020, as fewer than 20 percent of medical students choose to enter primary care medicine; and (B) the overall shortage of physicians in the United States is expected to surpass 130,000 by 2025. (2) Medical schools in the United States train only approximately 16,000 new physicians every year. (3) The Department of Health and Human Services estimates that the United States needs at least 16,000 more primary care physicians. (4) According to a survey of 1,600 pediatricians over the age of 50 conducted by the Association of American Medical Colleges and the American Academy of Pediatrics, 22 percent of female pediatricians took extended leave (6 months or more) from medicine, compared to only 6.5 percent of male pediatricians. Seventy-one percent of the female pediatricians who took extended leave did so to care for a child or family member. SEC. 3. REENTRY PROGRAM FOR PHYSICIANS. (a) Activities of the Secretary.-- (1) Establishment of demonstration program.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a demonstration program to assist the development of innovative programs that facilitate physician reentry into clinical practice to provide primary health services. Under such demonstration program, the Secretary shall-- (A) award one grant, on a competitive basis, to an eligible entity described in subsection (b) in each of the 10 regions served by a regional office of the Department of Health and Human Services to carry out physician reentry projects to assist reentering physicians participating in such projects through any of the activities described in subsection (d); and (B) in consultation with key stakeholders and subject to paragraph (2)(B), carry out the administrative activities described in paragraph (2)(A). (2) Administrative activities.-- (A) In general.--For purposes of paragraph (1)(B), the administrative activities described in this subparagraph are the following: (i) Conduct a national needs assessment with regard to the supply of physicians who provide primary health services, using, to the extent feasible, information collected for use in other similar completed or forthcoming studies, such as studies conducted by the Agency for Healthcare Research and Quality and the Health Resources and Services Administration. (ii) Develop a database that contains a directory of programs that help physicians reenter clinical practice. (iii) Disseminate evidence-based assessments and evaluation tools as such assessments and tools become available to measure the basic core competencies of physicians reentering clinical practice that are consistent with the guidelines published by the Federation of State Medical Boards for such physicians. (iv) Assist State regulatory authorities and hospital credentialing committees to structure requirements for physicians to return to clinical practice in a manner that ensures patient safety while addressing the burdens on such reentering physicians. (B) Limitation.--The Secretary shall use not more than 15 percent of the funds appropriated to carry out this section to carry out the activities described in subparagraph (A). (b) Eligible Entities.--Entities eligible to receive a grant under this section are the following: (1) A State. (2) A hospital. (3) An academic medical center. (4) A medical school. (5) A health center (as defined in section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a))). (6) A teaching health center. (7) A non-profit organization with a demonstrated history or expertise in providing physician education and with the ability to offer programs specifically targeted at reentering physicians. (c) Application.--In order to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Uses of Funds.--An eligible entity that receives funds under this section shall use such funds to carry out a physician reentry project to assist reentering physicians participating in the project through any of the following activities: (1) Training such reentering physicians to reenter clinical practice. (2) Paying credentialing fees and other fees that are necessary for such reentering physicians to reenter clinical practice. (3) Paying the salaries of such reentering physicians who are so eligible to reenter clinical practice during the period for which such physicians provide primary health services at a center described in subsection (e)(1). (4) Providing loan repayment assistance and other financial assistance, including scholarships and grants for education and training, to such reentering physicians. (e) Requirements of Reentry Physicians To Participate in Projects.--To be eligible to participate in a physician reentry project carried out by an eligible entity under this section, a reentering physician shall provide assurances satisfactory to the Secretary that the physician will comply with the following: (1) Service locations.--The reentering physician shall provide primary health services at-- (A) a health center (as defined in section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a))); (B) a Veterans Administration Medical Center if the Secretary of Veterans Affairs certifies that there is a shortage of physicians at such medical center; or (C) a school-based health center (as defined in section 2110(c)(9) of the Social Security Act (42 U.S.C. 1397jj(c)(9))). (2) Length of service.--The reentering physician shall provide such services at such a center, consistent with paragraph (1), for not less than 2 years. (f) Liability Protections.--For purposes of section 224 of the Public Health Service Act (42 U.S.C. 233), a reentering physician participating in a physician reentry project under this section shall be deemed to be an employee of the Public Health Service working within the scope of such employment with respect to primary health services provided by such reentering physician at a center described in subsection (e)(1) under the terms of such participation in such project. The remedy against the United States for a physician described in paragraph (2) who is deemed to be an employee of the Public Health Service pursuant to the previous sentence shall be exclusive of any other civil action or proceeding to the same extent as the remedy against the United States is exclusive pursuant to subsection (a) of such section. (g) Annual Review and Report.--For any year during which the demonstration program under this section is carried out, the Secretary shall conduct a review and comprehensive evaluation of such program and shall prepare and submit to Congress a report assessing such program, including an assessment of the performance of the reentering physicians who participate in physician reentry projects under such program. (h) Reentering Physicians.-- (1) Definition.--Subject to paragraph (2), for purposes of this section, the term ``reentering physician'' means an individual-- (A) who is a doctor of medicine; (B) who received training in primary care or primary health services, including family medicine, internal medicine, pediatrics, obstetrics and gynecology, dentistry, and mental health. (C) who was previously (and may currently be) legally authorized to practice medicine and surgery by a State; (D) who previously engaged in the clinical practice of medicine, but who is not currently engaged in the clinical practice of medicine and has not been engaged in such practice for a period of 2 years or such longer period determined to be sufficient by the Secretary; and (E) who provides assurances satisfactory to the Secretary and the respective State licensing board that the individual will return to clinical practice in the discipline in which such individual was trained or certified, including, if applicable, by regaining necessary training and certification for legal authorization to practice medicine and surgery by a State. (2) Exclusions.--For purposes of this section, the term ``reentering physician'' does not include an individual if-- (A) such individual has failed to complete an obligation to provide health care services under a Federal, State, or local program (including any period of obligated service under subpart III of part D of title III of the Public Health Service Act (42 U.S.C. 254l et seq.)); (B) a final adverse action regarding such individual has been reported to the data collection program under section 1128E of the Social Security Act (42 U.S.C. 1320a-7e); or (C) the individual has a debt due to the United States. (i) Primary Health Services Defined.--For purposes of this section, the term ``primary health services'' has the meaning given such term in section 331(a)(3) of the Public Health Service Act (42 U.S.C. 254d(a)(3)). (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015.", "summary": "Primary Care Physician Reentry Act - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program to facilitate physician reentry into primary care clinical practice in exchange for the physician providing primary care at an eligible health center for at least two years. Requires the Secretary to award one grant to an entity in each of the 10 administrative regions of HHS to carry out physician reentry projects. Directs grantees to assist reentering physicians by providing training, paying credentialing and other necessary fees, paying salaries, and providing loan repayment and other financial assistance. Requires the Secretary to: (1) assess the need for additional primary care physicians, (2) develop a directory of programs that help physicians reenter clinical practice, (3) disseminate evaluation tools to measure the core competencies of physicians reentering clinical practice, and (4) assist regulatory and credentialing authorities to structure requirements for reentering physicians that ensure patient safety while addressing the burdens on those physicians. Limits civil liability for physicians participating in a reentry project."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorism Elimination Act of 2001''. SEC. 2. COUNTER-TERRORISM TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. COUNTER-TERRORISM TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Counter-Terrorism Trust Fund', consisting of such amounts as may be appropriated or credited to the Counter-Terrorism Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to Counter-Terrorism Trust Fund of Amounts Designated.-- ``(1) In general.--There is hereby appropriated to the Counter-Terrorism Trust Fund amounts equivalent to the amounts designated under section 6097 and received in the Treasury. ``(2) Other contributions.--The Secretary shall prescribe procedures under which persons may make contributions to the Counter-Terrorism Trust Fund other than as provided in section 6097. ``(c) Expenditures From Trust Fund.-- ``(1) In general.--Amounts in the Counter-Terrorism Trust Fund shall be available, as provided in appropriation Acts, for purposes of making expenditures for counter-terrorism efforts by the United States. ``(2) Administrative expenses.--Amounts in the Counter- Terrorism Trust Fund shall be available to pay the administrative expenses of the Department of the Treasury directly allocable to-- ``(A) modifying the income tax return forms to carry out section 6097, ``(B) carrying out this chapter with respect to such Fund, and ``(C) processing amounts received under section 6097 and transferring such amounts to such Fund.'' (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end the following new item: ``Sec. 9511. Counter-Terrorism Trust Fund.'' SEC. 3. AUTHORIZATION FOR THE ISSUANCE OF FREEDOM BONDS. Section 3102 of title 31, United States Code, is amended by adding at the end the following: ``(f) Issuance of Freedom Bonds.-- ``(1) In general.--The Secretary may issue bonds under this section, to be known as `Freedom Bonds', in response to the acts of terrorism perpetrated against the United States on September 11, 2001. ``(2) Use of proceeds.--Proceeds from the issuance of Freedom Bonds shall be used to raise funds to assist in recovery operations following the terrorist acts referred to in paragraph (1) and for efforts to combat terrorism. ``(3) Form.--The bonds authorized by paragraph (1) shall be in such form and denominations, and shall be subject to such terms and conditions of issue, conversion, redemption, maturation, payment, and rate of interest as the Secretary may prescribe.''. SEC. 4. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR COUNTER- TERRORISM EFFORTS. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR COUNTER- TERRORISM EFFORTS ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--With respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) a specified portion (but not less than $1) of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be deposited into the Counter-Terrorism Trust Fund. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed.'' (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end thereof the following new item: ``Part IX. Designation of overpayments and contributions for counter- terrorism efforts.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. VISA APPLICATION SURCHARGE FOR COUNTER-TERRORISM. (a) In General.--Notwithstanding any other provision of law, in addition to such other fees as are authorized to be charged for the consideration or processing of an application for an immigrant or nonimmigrant visa under the Immigration and Nationality Act, the Attorney General shall impose an additional 15 percent surcharge. (b) Deposit of Surcharge Into the Counter-Terrorism Trust Fund.-- Amounts collected pursuant to the surcharge under subsection (a) shall be held in a separate account and transferred to the Counter-Terrorism Trust Fund established under section 9511 of the Internal Revenue Code of 1986.", "summary": "Terrorism Elimination Act of 2001 - Amends the Internal Revenue Code to establish in the U.S. Treasury the Counter-Terrorism Trust Fund. Provides that amounts in the Counter-Terrorism Trust Fund shall be available, as provided in appropriation Acts, for purposes of making expenditures for counter-terrorism efforts by the United States.Authorizes the issuance of bonds to be known as Freedom Bonds, in response to the acts of terrorism perpetrated against the United States on September 11, 2001. Requires proceeds from the issuance of Freedom Bonds to be used to raise funds to assist in recovery operations following such terrorist acts and for efforts to combat terrorism.Permits a taxpayer to designate that a specified portion (but not less than $1) of any tax overpayment and any cash contribution which the taxpayer includes with such return be deposited into the Counter-Terrorism Trust Fund.Requires, in addition to other fees authorized to be charged for the consideration or processing of an application for an immigrant or nonimmigrant visa under the Immigration and Nationality Act, the Attorney General to impose an additional 15 percent surcharge. Requires amounts collected pursuant to such surcharge to be held in a separate account and transferred to the Counter-Terrorism Trust Fund."}
{"article": "SECTION 1. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS OF SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION OR PENSION BENEFITS. (a) Authority To Make Payments.-- (1) Eligibility.-- (A) In general.--Subject to paragraph (5)(B), the Secretary of the Treasury shall disburse a one-time payment of the applicable amount to each individual who, for any month during the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act, is entitled to a benefit payment described in clause (i), (ii), or (iii) of subparagraph (D) or is eligible for a SSI cash benefit described in subparagraph (E). Payments shall be made under this section only if no increase takes effect with the month of December 2010 under section 215(i) of the Social Security Act. In the case of an individual who is eligible for a payment under this subparagraph by reason of entitlement to a benefit described in subparagraph (D)(i), no such payment shall be made to such individual unless such individual was paid a benefit described in such subparagraph (D)(i) for any month in the 12-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act. (B) Applicable amount.-- (i) In general.--For purposes of subparagraph (A), the applicable amount shall be the percentage of such individual's monthly benefit payment described in clause (i), (ii), or (iii) of subparagraph (C) or SSI cash benefit described in subparagraph (D) for the month of December 2010 determined by multiplying such benefit payment by 0.6. (ii) Individual receiving more than 1 benefit.--In the case that an individual is entitled to, or eligible for, more than 1 benefit payment described in clause (i), (ii), or (iii) of subparagraph (C) or SSI cash benefit described in subparagraph (D), such individual's payment shall be determined using such benefit payment that provides the greater monthly benefit payment. (C) Funding for appropriations to the general fund of the treasury.--In order to reimburse the general fund of the Treasury for payments made pursuant to subparagraph (A), the Director of the Office of Management and Budget shall redirect to the general fund of the Treasury any repayment of assistance provided under title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) made by a financial institution (as defined in section 3(5) of such Act (12 U.S.C. 5202(5)) after the date of the enactment of this Act. (D) Benefit payment described.--For purposes of subparagraph (A): (i) Title ii benefit.--A benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social Security Act (42 U.S.C. 402(j)(1), 423(b)) under-- (I) section 202(a) of such Act (42 U.S.C. 402(a)); (II) section 202(b) of such Act (42 U.S.C. 402(b)); (III) section 202(c) of such Act (42 U.S.C. 402(c)); (IV) section 202(d)(1)(B)(ii) of such Act (42 U.S.C. 402(d)(1)(B)(ii)); (V) section 202(e) of such Act (42 U.S.C. 402(e)); (VI) section 202(f) of such Act (42 U.S.C. 402(f)); (VII) section 202(g) of such Act (42 U.S.C. 402(g)); (VIII) section 202(h) of such Act (42 U.S.C. 402(h)); (IX) section 223(a) of such Act (42 U.S.C. 423(a)); (X) section 227 of such Act (42 U.S.C. 427); or (XI) section 228 of such Act (42 U.S.C. 428). (ii) Railroad retirement benefit.--A benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under-- (I) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)); (II) section 2(c) of such Act (45 U.S.C. 231a(c)); (III) section 2(d)(1)(i) of such Act (45 U.S.C. 231a(d)(1)(i)); (IV) section 2(d)(1)(ii) of such Act (45 U.S.C. 231a(d)(1)(ii)); (V) section 2(d)(1)(iii)(C) of such Act to an adult disabled child (45 U.S.C. 231a(d)(1)(iii)(C)); (VI) section 2(d)(1)(iv) of such Act (45 U.S.C. 231a(d)(1)(iv)); (VII) section 2(d)(1)(v) of such Act (45 U.S.C. 231a(d)(1)(v)); or (VIII) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) with respect to any of the benefit payments described in clause (i) of this subparagraph. (iii) Veterans benefit.--A benefit payment described in this clause is a compensation or pension payment payable under-- (I) section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code; (II) section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code; (III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code; or (IV) section 1805, 1815, or 1821 of title 38, United States Code, to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, title 38, United States Code, who received that benefit during any month within the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act. (E) SSI cash benefit described.--A SSI cash benefit described in this subparagraph is a cash benefit payable under section 1611 (other than under subsection (e)(1)(B) of such section) or 1619(a) of the Social Security Act (42 U.S.C. 1382, 1382h). (2) Requirement.--A payment shall be made under paragraph (1) only to individuals who reside in 1 of the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, or the Northern Mariana Islands, or who are utilizing a foreign or domestic Army Post Office, Fleet Post Office, or Diplomatic Post Office address. For purposes of the preceding sentence, the determination of the individual's residence shall be based on the address of record, as of the date of certification under subsection (b) for a payment under this section under a program specified in paragraph (1). (3) No double payments.--An individual shall be paid only 1 payment under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit or cash payment described in paragraph (1). (4) Limitation.--A payment under this section shall not be made (or, in the case of subparagraph (D), shall not be due)-- (A) in the case of an individual entitled to a benefit specified in paragraph (1)(D)(i) or paragraph (1)(D)(ii)(VIII) if-- (i) for the most recent month of such individual's entitlement in the 3-month period described in paragraph (1); or (ii) for any month thereafter which is before the month after the month of the payment; such individual's benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a-8a); (B) in the case of an individual entitled to a benefit specified in paragraph (1)(D)(iii) if, for the most recent month of such individual's entitlement in the 3-month period described in paragraph (1), such individual's benefit under such paragraph was not payable, or was reduced, by reason of section 1505, 5313, or 5313B of title 38, United States Code; (C) in the case of an individual entitled to a benefit specified in paragraph (1)(E) if-- (i) for such most recent month of such individual's eligibility in the 3-month period described in paragraph (1); or (ii) for any month thereafter which is before the month after the month of the payment; such individual's benefit under such paragraph was not payable by reason of subsection (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 1320a-8a); or (D) in the case of any individual whose date of death occurs-- (i) before the date of the receipt of the payment; or (ii) in the case of a direct deposit, before the date on which such payment is deposited into such individual's account. In the case of any individual whose date of death occurs before a payment is negotiated (in the case of a check) or deposited (in the case of a direct deposit), such payment shall not be due and shall not be reissued to the estate of such individual or to any other person. Subparagraphs (A)(ii) and (C)(ii) shall apply only in the case of certifications under subsection (b) which are, or but for this paragraph would be, made after the date of the enactment of this Act, shall apply to such certifications without regard to the calendar year of the payments to which such certifications apply. (5) Timing and manner of payments.-- (A) In general.--The Secretary of the Treasury shall commence disbursing payments under this section at the earliest practicable date in 2011 prior to April 1, 2011. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (D) or (E) of paragraph (1). (B) Deadline.--No payments shall be disbursed under this section after December 31, 2011, regardless of any determinations of entitlement to, or eligibility for, such payments made after such date. (b) Identification of Recipients.--The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall certify the individuals entitled to receive payments under this section and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual's entitlement to, or eligibility for, a benefit specified in subparagraph (D) or (E) of subsection (a)(1) (except that such certification shall be affected by a determination that an individual is an individual described in subparagraph (A), (B), (C), or (D) of subsection (a)(4) during a period described in such subparagraphs), and no individual shall be certified to receive a payment under this section for a calendar year if such individual has at any time been denied certification for such a payment for such calendar year by reason of subparagraph (A)(ii) or (C)(ii) of subsection (a)(4) (unless such individual is subsequently determined not to have been an individual described in either such subparagraph at the time of such denial). (c) Treatment of Payments.-- (1) Payment to be disregarded for purposes of all federal and federally assisted programs.--A payment under subsection (a) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. (2) Payment not considered income for purposes of taxation.--A payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. (3) Payments protected from assignment.--The provisions of sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of title 38, United States Code, shall apply to any payment made under subsection (a) as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (D) or (E) of subsection (a)(1). (4) Payments subject to offset.--Notwithstanding paragraph (3)-- (A) any payment made under this section shall, in the case of a payment of a direct deposit which is made after the date of the enactment of this Act, be subject to the reclamation provisions under subpart B of part 210 of title 31, Code of Federal Regulations (relating to reclamation of benefit payments); and (B) any payment made under this section shall not, for purposes of section 3716 of title 31, United States Code, be considered a benefit payment or cash benefit made under the applicable program described in subparagraph (D) or (E) of subsection (a)(1), and all amounts paid shall be subject to offset to collect delinquent debts. (d) Payment to Representative Payees and Fiduciaries.-- (1) In general.--In any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual's representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. (2) Applicability.-- (A) Payment on the basis of a title ii or ssi benefit.--Section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(D)(i) or (1)(E) of subsection (a) in the same manner as such section applies to a payment under title II or XVI of such Act. (B) Payment on the basis of a railroad retirement benefit.--Section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(D)(ii) of subsection (a) in the same manner as such section applies to a payment under such Act. (C) Payment on the basis of a veterans benefit.-- Sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(D)(iii) of subsection (a) in the same manner as those sections apply to a payment under that title.", "summary": "Directs the Secretary of the Treasury to disburse a one-time payment equal to 60% [sic] of the total annual amount of their benefits under Social Security, SSI (Supplemental Security Income under title XVI of the Social Security Act), the railroad retirement benefits program, and the veterans disability compensation or pension benefits program to recipients of such benefits if no cost-of-living adjustment is payable in 2011."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Election Standards Act of 2001''. SEC. 2. UNIFORM NATIONAL STANDARDS FOR FEDERAL ELECTION PROCEDURES. (a) Uniform Standards.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 323. UNIFORM ELECTION PROCEDURES. ``(a) In General.--The Commission shall provide required uniform national standards regarding procedures for elections for Federal office that-- ``(1) minimize delay, error, or confusion in voting and in voter registration; ``(2) eliminate fraud in the voting process; ``(3) increase the accuracy and reliability of vote counts and counting procedure; ``(4) reduce the number of uncounted and discarded ballots; ``(5) encourage voter registration and voter turnout; ``(6) ensure accessibility to registration facilities and polling places for all voters; and ``(7) promote public confidence in the accuracy and reliability of the election process. ``(b) Standards.--The standards under subsection (a) shall include procedures regarding-- ``(1) the type of ballots used; ``(2) vote counting; ``(3) use of counting machines; ``(4) accuracy and security of elections and vote counts; ``(5) voter registration; and ``(6) verification and maintenance of voter rolls. ``(c) Study of State Procedures.--For purposes of determining standards under subsection (a), the Commission shall study and periodically review (not less often than once every 6 months following an election for Federal office) State election regulations and procedures. ``(d) Enforcement.--Standards established under this section shall only be enforceable under section 309(e). ``(e) Regulations.-- ``(1) In general.--Not later than January 1, 2002, the Commission shall promulgate regulations to carry out the provisions of this section based on an initial study and analysis of election and vote counting procedures utilized in each State. ``(2) State compliance.--The Commission may-- ``(A) prescribe a reasonable period of time for States to comply with the uniform national standards established under this section; and ``(B) establish a process for a State to request a waiver of compliance with a standard or an extension of time to comply with a standard, based on a showing that the State cannot reasonably comply with such standard.''. (b) Enforcement.-- (1) Civil penalties.-- (A) In general.--Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g) is amended by adding at the end the following: ``(e) The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out the requirements under section 323.''. (B) Conforming amendment.--Section 309(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(1)) is amended by striking ``Any person'' and inserting ``Except as provided in section 323, any person''. (2) Criminal penalties.-- (A) In general.--Chapter 29 of title 18, United States Code, is amended by adding at the end the following: ``SEC. 612. NONCOMPLIANCE WITH UNIFORM NATIONAL ELECTION STANDARDS. ``It shall be unlawful for any person to knowingly conduct an election for Federal office (within the meaning of section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)), or to knowingly interfere with such election, so that the election is in violation of the uniform national standards established by the Federal Election Commission under section 323 of such Act. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both.''. (B) Conforming amendment.--The table of sections for chapter 29 of title 18, United States Code, is amended by inserting at the end the following: ``Sec. 612. Noncompliance with uniform national election standards.''. (c) Compliance Grant Program.-- (1) In general.--The Federal Election Commission is authorized to make grants to States to provide for the cost of implementing the uniform national standards for elections established under section 323 of the Federal Election Campaign Act of 1971. (2) Use of funds.--A State may use a grant received under paragraph (1) for costs in relation to compliance with the uniform national standards for elections established by the Federal Election Commission. (3) Application.--Each State that desires to receive a grant under this subsection shall submit an application to the Federal Election Commission, at such time, in such manner, and accompanied by such information as reasonably required by the regulations promulgated under paragraph (5). (4) Approval of application.--The Federal Election Commission shall approve an application in accordance with the standards required under paragraph (5). (5) Administrative regulations.--The Federal Election Commission shall issue regulations regarding grants under this subsection that provide for the following: (A) The application process. (B) The content of an application. (C) The standard amount of each grant. (D) The criteria for approval of an application. (6) Authorization of appropriations.-- (A) In general.--There is authorized to be appropriated $100,000,000 for each of fiscal years 2002 through 2011 to carry out the provisions of this subsection. (B) Availability of funds.--Such funds shall remain available until expended. (7) Reports.--Not later than 1 year after the date of enactment of this Act and annually thereafter, the Federal Election Commission shall submit to Congress a report on the activities under this subsection. SEC. 3. CHANGE IN GENERAL ELECTION DATE. (a) Electors.--Section 1 of title 3, United States Code, is amended by striking ``on the Tuesday next after the first Monday'' and inserting ``on the first consecutive Saturday and Sunday prior to the first Monday''. (b) Congressional Elections.--Section 25 of the Revised Statutes (2 U.S.C. 7) is amended to read as follows: ``Sec. 25. The first consecutive Saturday and Sunday prior to the first Monday in November, in every even numbered year, are established as the days for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January thereafter.''. SEC. 4. VOTER REGISTRATION IN FEDERAL ELECTIONS. Section 4 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-2) is amended by adding at the end the following: ``(c) Same Day Registration.--Notwithstanding any other Federal or State law, each State shall establish procedures to allow voters in the State to register to vote at the polling place at the time of voting in a general election for Federal office.''.", "summary": "National Election Standards Act of 2001 - Amends the Federal Election Campaign Act of 1971 (FECA) to direct the Federal Election Commission (FEC) to provide uniform national election standards meeting specified criteria with regard to procedures for elections to Federal office.Authorizes FEC to make grants to States to provide for the cost of implementing such standards for elections to Federal office. Establishes civil and criminal penalties for violation of such standards.Amends Federal presidential elections and vacancies law and other Federal election law to provide for a change in the date with respect to the timing of the appointment of presidential and vice presidential electors, and with respect to the timing of the holding of congressional elections.Amends the National Voter Registration Act of 1993 to require each State to establish procedures to allow voters in the State to register to vote at the polling place at the time of voting in a general election for Federal office."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facility Accountability Act of 2013''. SEC. 2. FEDERAL FACILITIES. (a) Application to Federal Government.--Section 120(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)) is amended in the heading by striking ``of Act''. (b) Application of Requirements to Federal Facilities.--Section 120(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)(2)) is amended-- (1) by striking ``preliminary assessments'' and inserting ``response actions''; (2) by inserting ``or'' after ``National Contingency Plan,''; (3) by striking ``, or applicable to remedial actions at such facilities''; and (4) by inserting ``or have been'' before ``owned or operated''. (c) Applicability of Laws.--Section 120(a)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)(4)) is amended to read as follows: ``(4) Applicability of laws.-- ``(A) In general.--Each department, agency, and instrumentality of the United States shall be subject to, and comply with, at facilities that are or have been owned or operated by any such department, agency, or instrumentality, State substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including State hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity. ``(B) Compliance.-- ``(i) In general.--The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any State substantive or procedural requirement referred to in subparagraph (A). ``(ii) Injunctive relief.--Neither the United States, nor any agent, employee, nor officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court with respect to the enforcement of any injunctive relief under subparagraph (C)(ii). ``(iii) Civil penalties.--No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any State substantive or procedural requirement referred to in subparagraph (A), or this Act, with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. ``(C) Substantive and procedural requirements.--The State substantive and procedural requirements referred to in subparagraph (A) include-- ``(i) administrative orders; ``(ii) injunctive relief; ``(iii) civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations; ``(iv) reasonable service charges or oversight costs; and ``(v) laws or regulations requiring the imposition and maintenance of engineering or land use controls. ``(D) Reasonable service charges or oversight costs.--The reasonable service charges or oversight costs referred to in subparagraph (C) include fees or charges assessed in connection with-- ``(i) the processing, issuance, renewal, or modification of permits; ``(ii) the review of plans, reports, studies, and other documents; ``(iii) attorney's fees; ``(iv) inspection and monitoring of facilities or vessels; and ``(v) any other nondiscriminatory charges that are assessed in connection with a State requirement regarding response relating to hazardous substances or pollutants or contaminants.''. SEC. 3. AUTHORITY TO DELEGATE, ISSUE REGULATIONS. Section 115 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9615) is amended by adding at the end the following new sentence: ``If the President delegates or assigns any duties or powers under this section to a department, agency, or instrumentality of the United States other than the Administrator, the Administrator may review, as the Administrator determines necessary or upon request of any State, actions taken, or regulations promulgated, pursuant to such delegation or assignment, for purposes of ensuring consistency with the guidelines, rules, regulations, or criteria established by the Administrator under this title.''.", "summary": "Federal Facility Accountability Act of 2013 - (Sec. 2) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to apply all guidelines, rules, regulations, and criteria applicable to response actions (currently, preliminary assessments) to address hazardous substances at facilities to those currently or formerly owned or operated by the United States. Requires federal facilities to comply with state substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including state hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity. Waives sovereign immunity with respect to state substantive or procedural requirements. Prohibits an agent, employee, or officer of the United States from being: (1) immune or exempt from injunctive relief with respect to such state requirements, and (2) personally liable for any civil penalty under such requirements or CERCLA with respect to any act or omission within the scope of their official duties. Provides that state substantive and procedural requirements include administrative orders, injunctive relief, civil and administrative penalties and fines, reasonable service charges or oversight costs, and laws or regulations requiring the imposition and maintenance of engineering or land use controls. (Sec. 3) Authorizes the Administrator of the Environmental Protection Agency (EPA) to review as determined necessary, or upon state request, actions taken or regulations promulgated pursuant to any duties or powers delegated or assigned by the President to a department, agency, or instrumentality of the United States other than EPA to ensure consistency with the guidelines, rules, regulations, or criteria established by the Administrator."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Full Use of Federal Health Care Funding Act of 2014''. SEC. 2. RECOUPMENT AND REALLOCATION OF FEDERAL SECTION 1311 ACA GRANT FUNDS. Section 1311(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(a)) is amended-- (1) in paragraph (1), by inserting before the period at the end the following: ``and to make grants under paragraph (7) to qualified entities in a State from funds recouped under paragraph (6) from that State''; (2) in paragraph (2), by adding at the end the following: ``Not later than May 1, 2014, the Secretary shall determine the recoupment amount under paragraph (6) for each State and the amounts that will be made so available for grants under paragraph (7) for qualified entities in each State.''; (3) in paragraph (3), by adding at the end the following: ``A qualified entity awarded a grant under paragraph (7) shall use such grant for activities consistent with subparagraph (C) of such paragraph.''; and (4) by adding at the end the following new paragraphs: ``(6) Recoupment of unexpended funds.-- ``(A) In general.--Subject to subparagraph (B), the Secretary shall recoup any funds awarded to a State under this subsection to the extent that such funds are not obligated by the State for expenditure before April 1, 2014. ``(B) Exception.--The Secretary may, in the Secretary's discretion, decide not to recoup the funds of a State under subparagraph (A) if the State has submitted to the Secretary and the Secretary has approved, before March 31, 2014, a plan for spending such funds in accordance with this subsection in a timely manner. ``(7) Application of recouped funds for grants to other entities within a state.-- ``(A) In general.--Insofar as the Secretary recoups funds under paragraph (6) from a State, the Secretary shall use all such funds to make grants, before the beginning of the open enrollment period for 2015, to qualified entities under subparagraph (B) to carry out activities in the State consistent with subparagraph (C). ``(B) Eligibility.-- ``(i) In general.--To be eligible to receive a grant under this paragraph with respect to a State, an entity shall demonstrate to the Secretary that the entity-- ``(I) has (or can readily and on a timely basis establish) relationships with employers and employees, consumers (including uninsured and underinsured consumers), or self-employed individuals in the State that are likely to be qualified to enroll in coverage options made available through an Exchange in the State; ``(II) is capable of carrying out the activities described in subparagraph (C) for which a grant is being granted; ``(III) meets the standards described in clause (iii); and ``(IV) provides information consistent with standards developed under clause (iv). ``(ii) Types of qualified entities.--Such an entity may be a trade, industry, and professional association, commercial fishing industry organization, ranching and farming organization, community and consumer-focused nonprofit group, chamber of commerce, union, resource partner of the Small Business Administration, and other licensed insurance agent or broker, and another entity, so long as it meets the requirements of clause (i). ``(iii) Entity standards.--The Secretary shall establish standards for qualified entities under this subparagraph relating to their qualification to engage in the outreach, education, and enrollment activities described in subparagraph (C) and to avoid conflicts of interest. Under such standards, a qualified entity shall not-- ``(I) be a health insurance issuer; or ``(II) receive any consideration directly or indirectly from any health insurance issuer in connection with the enrollment of any qualified individuals or employees of a qualified employer in a qualified health plan. ``(iv) Fair and impartial information and services.--The Secretary shall develop standards to ensure that information made available by qualified entities under a grant under this paragraph is fair, accurate, and impartial. ``(C) Use of grants.--Grants under this paragraph may be used for any of the purposes or activities for which a grant to a State under this subsection may be used, including the following: ``(i) Non-navigator assistance personnel.-- To build and fund operations of an in-person assistance personnel (IPA) program (also known as `non-Navigator assistance personnel'). ``(ii) Outreach.--To coordinate with other health and human services organizations in the State to broaden outreach (such as Marketplace information on applications for other programs, websites, emails or through IPA call centers) to individuals eligible to enroll in qualified health plans through the Exchange operating in the State. ``(iii) Marketing.--To produce and disseminate marketing and campaign materials, including brochures, direct mail, print ads, social media and digital and online ads, and TV and radio buys, such materials subject to approval by the Secretary.''.", "summary": "Ensuring Full Use of Federal Health Care Funding Act of 2014 - Amends the Patient Protection and Affordable Care Act to direct the Secretary of Health and Human Services (HHS) to recoup any funds awarded to a state to establish health care exchanges to the extent the state has not obligated them for expenditure before April 1, 2014. Allows the Secretary, however, not to recoup such funds from a state if the state has approved, before March 31, 2014, a plan to spend them for such exchanges in a timely manner. Requires the Secretary to use any recouped funds to make grants to qualified entities to: (1) build and fund operations of an in-person assistance personnel (IPA) program (also known as "non-Navigator assistance personnel"); (2) coordinate with other health and human services organizations in the state to broaden outreach to individuals eligible to enroll in qualified health plans through the exchange operating in the state; and (3) produce and disseminate marketing and campaign materials, subject to the Secretary's approval. Requires a qualified entity to: (1) have (or readily and on a timely basis be able to establish) relationships with employers and employees, consumers (both uninsured and underinsured), or self-employed individuals in the state that are likely to be qualified to enroll in coverage options made available through a health care exchange in the state; (2) be capable of carrying out grant activities; and (3) meet specified standards. Lists as types of qualified entities: (1) a trade, industry, and professional association; (2) a commercial fishing industry organization; (3) a ranching and farming organization; (4) a community and consumer-focused nonprofit group; (5) a chamber of commerce; (6) a union; (7) a resource partner of the Small Business Administration (SBA); (8) a licensed insurance agent or broker; and (9) any other entity that meets the qualification standards."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``New War on Cancer Act''. SEC. 2. NONPATENT MARKET EXCLUSIVITY FOR CANCER DRUGS. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following subchapter: ``Subchapter G--Cancer Drugs ``SEC. 575. RECOMMENDATIONS FOR INVESTIGATIONS OF CANCER DRUGS. ``(a) Request for Recommendations.--The sponsor of a drug intended for use for cancer (referred to in this subchapter as a `cancer drug') may request the Secretary to provide written recommendations for the nonclinical and clinical investigations which must be conducted with the drug before-- ``(1) it may be approved for use for cancer under section 505; or ``(2) if the drug is a biological product, it may be licensed for use for cancer under section 351 of the Public Health Service Act. ``(b) Recommendations.--If the Secretary has reason to believe that a drug for which a request is made under subsection (a) is a cancer drug, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for-- ``(1) approval of such drug for use for cancer under section 505; or ``(2) licensing of such drug for use for cancer under section 351 of the Public Health Service Act. ``(c) Regulations.--The Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b). ``SEC. 576. DESIGNATION OF CANCER DRUGS. ``(a) Request for Designation.--The sponsor of a drug may request the Secretary to designate the drug as a cancer drug. A request for designation of a drug shall be made before the submission of an application under section 505(b) for the drug, or the submission of an application for licensing of the drug under section 351 of the Public Health Service Act. Such a request shall contain the consent of the applicant to notice being given by the Secretary under subsection (c) respecting the designation of the drug. ``(b) Designation.--In the case of a drug for which a request is submitted under subsection (a), the Secretary shall designate the drug as a cancer drug if the Secretary finds that the drug is being or will be investigated for use for cancer. ``(c) Conditions.--A designation of a drug under subsection (b) shall be subject to the condition that-- ``(1) after an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the manufacturer of the drug will notify the Secretary of any discontinuance of the production of the drug at least one year before discontinuance; and ``(2) before an application is approved for the drug under section 505(b) or a license is issued for the drug under section 351 of the Public Health Service Act, the sponsor of the drug will notify the Secretary of any decision to discontinue active pursuit of approval of an application under section 505(b) or approval of a license under section 351 of the Public Health Service Act. ``(d) Public Availability of Notice.--Notice respecting the designation of a drug under subsection (b) shall be made available to the public. ``(e) Regulations.--The Secretary shall by regulation promulgate procedures for the implementation of subsections (a) and (b). ``SEC. 577. MARKET PROTECTION FOR CANCER DRUGS. ``(a) In General.--Except as provided in subsection (b), if the Secretary approves an application filed pursuant to section 505 for a drug designated under section 576 as a cancer drug, or if the Secretary issues a license under section 351 of the Public Health Service Act for such a drug, the Secretary may not approve another application under section 505 or issue another license under section 351 of the Public Health Service Act for such drug for a person who is not the holder of such approved application or of such license until the expiration of seven years from the date of the approval of the approved application or the issuance of the license. Section 505(c)(2) does not apply to the refusal to approve an application under the preceding sentence. ``(b) Exception.--If an application filed pursuant to section 505 is approved for a drug designated under section 576 as a cancer drug or if a license is issued under section 351 of the Public Health Service Act for such a drug, the Secretary may, during the seven-year period beginning on the date of the application approval or of the issuance of the license, approve another application under section 505 or issue a license under section 351 of the Public Health Service Act for such drug for cancer for a person who is not the holder of such approved application or of such license if-- ``(1) the Secretary finds, after providing the holder notice and opportunity for the submission of views, that in such period the holder of the approved application or of the license cannot assure the availability of sufficient quantities of the drug to meet the needs of persons with the cancer involved; or ``(2) such holder provides the Secretary in writing the consent of such holder for the approval of other applications or the issuance of other licenses before the expiration of such seven-year period. ``SEC. 578. OPEN PROTOCOLS FOR INVESTIGATIONS OF CANCER DRUGS. ``If a drug is designated under section 576 as a cancer drug and if notice of a claimed exemption under section 505(i) or regulations issued thereunder is filed for such drug, the Secretary shall encourage the sponsor of such drug to design protocols for the drug which include persons with the cancer involved who need the drug to treat the cancer and who cannot be satisfactorily treated by available alternative drugs.''. SEC. 3. ABBREVIATED APPLICATIONS FOR NEW DRUGS; NONPATENT MARKET EXCLUSIVITY FOR CANCER DRUGS. Section 505(j)(5)(F)(ii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(F)(ii)) is amended-- (1) by striking ``(ii)'' and inserting ``(ii)(I)''; and (2) by adding at the end the following subclause: ``(II) With respect to an application under subsection (b) for a drug referred to in subclause (I), in any case in which the drug is for use for cancer, the reference in such subclause to five years is deemed to be ten years, the reference to four years is deemed to be eight years, the reference to forty-eight months is deemed to be ninety-six months, and the reference to seven and one-half years is deemed to be twelve and one-half years.''. SEC. 4. EXTENSION OF PATENT TERM ON CANCER DRUGS. Section 156(c) of title 35, United States Code, is amended by adding at the end the following flush sentence: ``Paragraphs (2) and (3) shall not apply in the case of a drug approved for use for cancer.''.", "summary": "New War on Cancer Act - Allows the sponsor of a drug intended for use for cancer to request the Secretary of Health and Human Services to: (1) provide written recommendations for investigations which must be conducted before approval of a drug or before licensure of a biological product for use for cancer; and (2) designate such drug as a cancer drug before the submission of a request for approval or licensing. Requires the Secretary to designate such drug as a cancer drug if the drug is being or will be investigated for use for cancer. Prohibits the Secretary from approving another application or issuing another license for a designated cancer drug for a person who is not the holder of the approved application or license until the expiration of seven years, with certain exceptions. Requires the Secretary to encourage the sponsor of a designated cancer drug approved for investigational use to design protocols for the drug that include persons with the cancer involved who cannot be satisfactorily treated by alternative drugs. Extends the time during which an application for approval of drug with the same active ingredient as an approved cancer drug may not be approved. Excludes approved cancer drugs from time limits imposed on the maximum length of a patent."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Component Privacy Officer Act of 2008''. SEC. 2. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN EACH COMPONENT OF DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after section 222 the following new section: ``SEC. 222A. PRIVACY OFFICIALS. ``(a) Designation.-- ``(1) In general.--For each component of the Department under paragraph (2), the Secretary shall, in consultation with the head of the component, designate a full-time privacy official, who shall report directly to the senior official appointed under section 222. Each such component privacy official shall have primary responsibility for its component in implementing the privacy policy for the Department established by the senior official appointed under section 222. ``(2) Components.--The components of the Department referred to in this subparagraph are as follows: ``(A) The Transportation Security Administration. ``(B) The Bureau of Citizenship and Immigration Services. ``(C) Customs and Border Protection. ``(D) Immigration and Customs Enforcement. ``(E) The Federal Emergency Management Agency. ``(F) The Coast Guard. ``(G) The Directorate of Science and Technology. ``(H) The Office of Intelligence and Analysis. ``(I) The Directorate for National Protection and Programs. ``(b) Responsibilities.--Each privacy official designated under subsection (a) shall report directly to both the head of the official's component and the senior official appointed under section 222, and shall have the following responsibilities with respect to the component: ``(1) Serve as such senior official's main point of contact at the component to implement the polices and directives of such senior official in carrying out section 222. ``(2) Advise the head of that component on privacy considerations when any law, regulation, program, policy, procedure, or guideline is proposed, developed, or implemented. ``(3) Assure that the use of technologies by the component sustain or enhance privacy protections relating to the use, collection, and disclosure of personal information within the component. ``(4) Identify privacy issues related to component programs and apply appropriate privacy policies in accordance with Federal privacy law and Departmental policies developed to ensure that the component protects the privacy of individuals affected by its activities. ``(5) Monitor the component's compliance with all applicable Federal privacy laws and regulations, implement corrective, remedial, and preventive actions and notify the senior official appointed under section 222 of privacy issues or non-compliance, whenever necessary. ``(6) Ensure that personal information contained in Privacy Act systems of records is handled in full compliance with section 552a of title 5, United States Code. ``(7) Assist in drafting and reviewing privacy impact assessments, privacy threshold assessments, and system of records notices, in conjunction with and under the direction of the senior official appointed under section 222, for any new or substantially changed program or technology that collects, maintains, or disseminates personally identifiable information within the official's component. ``(8) Assist in drafting and reviewing privacy impact assessments, privacy threshold assessments, and system of records notices in conjunction with and under the direction of the senior official appointed under section 222, for proposed rulemakings and regulations within the component. ``(9) Conduct supervision of programs, regulations, policies, procedures, or guidelines to ensure the component's protection of privacy and, as necessary, promulgate guidelines and conduct oversight to ensure the protection of privacy. ``(10) Implement and monitor privacy training for component employees and contractors in coordination with the senior official appointed under section 222. ``(11) Provide the senior official appointed under section 222 with written materials and information regarding the relevant activities of the component, including privacy violations and abuse, that are needed by the senior official to successfully prepare the reports the senior official submits to Congress and prepares on behalf of the Department. ``(12) Any other responsibilities assigned by the Secretary or the senior official appointed under section 222. ``(c) Role of Component Heads.--The head of a component identified in subsection (a)(2) shall ensure that the privacy official designated under subsection (a) for that component-- ``(1) has the information, material, and resources necessary to fulfill the responsibilities of such official under this section; ``(2) is advised of proposed policy changes and the development of new programs, rules, regulations, procedures, or guidelines during the planning stage and is included in the decision-making process; and ``(3) is given access to material and personnel the privacy official deems necessary to carry out the official's responsibilities. ``(d) Limitation.--Nothing in this section shall be considered to abrogate the role and responsibilities of the senior official appointed under section 222.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item related to section 222 the following new item: ``Sec. 222A. Privacy officials.''. Passed the House of Representatives July 30, 2008. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Department of Homeland Security Component Privacy Officer Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to designate a full-time privacy official for each of the following Department of Homeland Security (DHS) components: (1) the Transportation Security Administration (TSA); (2) the Bureau of Citizenship and Immigration Services (CIS); (3) Customs and Border Protection (CBP); (4) Immigration and Customs Enforcement (ICE); (5) the Federal Emergency Management Agency (FEMA); (6) the Coast Guard; (7) the Directorate of Science and Technology; (8) the Office of Intelligence and Analysis; and (9) the Directorate for National Protection and Programs. Grants each component's privacy official primary responsibility for implementing the privacy policy for DHS established by DHS's privacy officer. Requires each designated privacy official to report directly to both the component head and DHS's privacy officer. Lists the responsibilities of each component privacy official, including: (1) serving as DHS's privacy officer's main point of contact at the component to implement that officer's policies and directives; (2) advising the component head on privacy considerations when any law, regulation, or guideline is proposed, developed, or implemented; (3) assuring that the use of technologies sustains or enhances privacy protections; (4) identifying privacy issues related to component programs; (5) monitoring the component's compliance with all applicable federal privacy laws and regulations; (6) assisting in drafting and reviewing privacy impact assessments, privacy threshold assessments, and system of records notices; (7) implementing and monitoring privacy training for component employees and contractors in coordination with DHS's privacy officer; and (8) providing DHS's privacy officer with written materials and information regarding the relevant activities of the component, including privacy violations and abuse, that are needed to successfully prepare reports for Congress and on behalf of DHS. Directs each component head to ensure that the component's privacy official: (1) has the information, resources, and access to material and personnel necessary to fulfill his or her responsibilities; (2) is advised of proposed policy changes and the development of new programs, regulations, procedures, or guidelines during the planning stages; and (3) is included in decision-making."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Opioids and Unused Narcotics with Deliberate Disposal and Packaging Act of 2018'' or the ``SOUND Disposal and Packaging Act''. SEC. 2. IMPROVED TECHNOLOGIES, CONTROLS, OR MEASURES WITH RESPECT TO THE PACKAGING OR DISPOSAL OF CERTAIN DRUGS. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505-1 (21 U.S.C. 355-1) the following new section: ``SEC. 505-2. SAFETY-ENHANCING PACKAGING AND DISPOSAL FEATURES. ``(a) Orders.-- ``(1) In general.--The Secretary may issue an order requiring the holder of a covered application to implement or modify one or more technologies, controls, or measures with respect to the packaging or disposal of one or more drugs identified in the covered application, if the Secretary determines such technologies, controls, or measures to be appropriate to help mitigate the risk of abuse or misuse of such drug or drugs, which may include by reducing the availability of unused drugs. ``(2) Prior consultation.--The Secretary may not issue an order under paragraph (1) unless the Secretary has consulted with relevant stakeholders, through a public meeting, workshop, or otherwise, about matters that are relevant to the subject of the order. ``(3) Assuring access and minimizing burden.--Technologies, controls, or measures required under paragraph (1) shall-- ``(A) be commensurate with the specific risk of abuse or misuse of the drug listed in the covered application; ``(B) considering such risk, not be unduly burdensome on patient access to the drug, considering in particular any available evidence regarding the expected or demonstrated public health impact of such technologies, controls, or measures; and ``(C) reduce the risk of abuse or misuse of such drug. ``(4) Order contents.--An order issued under paragraph (1) may-- ``(A) provide for a range of options for implementing or modifying the technologies, controls, or measures required to be implemented by such order; and ``(B) incorporate by reference standards regarding packaging or disposal set forth in an official compendium, established by a nationally or internationally recognized standard development organization, or described on the public website of the Food and Drug Administration, so long as the order includes the rationale for incorporation of such standard. ``(5) Orders applicable to drug class.--When a concern about the risk of abuse or misuse of a drug relates to a pharmacological class, the Secretary may, after consultation with relevant stakeholders, issue an order under paragraph (1) which applies to the pharmacological class. ``(b) Compliance.--The holder of a covered application shall-- ``(1) submit a supplement containing proposed changes to the covered application to comply with an order issued under subsection (a) not later than-- ``(A) 180 calendar days after the date on which the order is issued; or ``(B)(i) such longer time period as specified by the Secretary in such order; or ``(ii) if a request for an alternative date is submitted by the holder of such application not later than 60 calendar days after the date on which such order is issued-- ``(I) such requested alternative date if agreed to by the Secretary; or ``(II) another date as specified by the Secretary; and ``(2) implement the changes approved pursuant to such supplement not later than the later of-- ``(A) 90 calendar days after the date on which the supplement is approved; or ``(B) the end of such longer period as is-- ``(i) determined to be appropriate by the Secretary; or ``(ii) approved by the Secretary pursuant to a request by the holder of the covered application that explains why such longer period is needed, including to satisfy any other applicable Federal statutory or regulatory requirements. ``(c) Alternative Measures.--The holder of the covered application may propose, and the Secretary shall approve, technologies, controls, or measures regarding packaging, storage, or disposal other than those specified in the applicable order issued under subsection (a), if such technologies, controls, or measures are supported by data and information demonstrating that such alternative technologies, controls, or measures can be expected to mitigate the risk of abuse or misuse of the drug or drugs involved, including by reducing the availability of unused drugs, to at least the same extent as the technologies, controls, or measures specified in such order. ``(d) Dispute Resolution.--If a dispute arises in connection with a supplement submitted under subsection (b), the holder of the covered application may appeal a determination made with respect to such supplement using applicable dispute resolution procedures specified by the Secretary in regulations or guidance. ``(e) Definitions.--In this section-- ``(1) the term `covered application' means an application submitted under subsection (b) or (j) of section 505 for approval under such section or an application submitted under section 351 of Public Health Service Act for approval under such section, with respect to a drug that is or contains an opioid for which a listing in schedule II or III (on a temporary or permanent basis) is in effect under section 202 of the Controlled Substances Act; and ``(2) the term `relevant stakeholders' may include scientific experts within the drug manufacturing industry; brand and generic drug manufacturers; standard development organizations; wholesalers and distributors; payers; health care providers; pharmacists; pharmacies; manufacturers; poison centers; and representatives of the National Institute on Drug Abuse, the National Institutes of Health, the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the Drug Enforcement Agency, the Consumer Product Safety Commission, individuals who specialize in treating addiction, and patient and caregiver groups.''. (b) Prohibited Acts.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a drug approved under a covered application (as defined in section 505-2(e)), the holder of which does not meet the requirements of paragraphs (1) and (2) of subsection (b) of such section.''. (c) Required Content of an Abbreviated New Drug Application.-- Section 505(j)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is amended-- (1) in clause (vii)(IV), by striking ``and'' at the end; (2) in clause (viii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ix) if the drug is or contains an opioid for which a listing in schedule II or III (on a temporary or permanent basis) is in effect under section 202 of the Controlled Substances Act, information to show that the applicant has proposed technologies, controls, or measures related to the packaging or disposal of the drug that provide protections comparable to those provided by the technologies, controls, or measures required for the applicable listed drug under section 505-2, if applicable.''. (d) Grounds for Refusing to Approve an Abbreviated New Drug Application.--Section 505(j)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(4)), is amended-- (1) in subparagraph (J), by striking ``or'' at the end; (2) in subparagraph (K), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(L) if the drug is a drug described in paragraph (2)(A)(ix) and the applicant has not proposed technologies, controls, or measures related to the packaging or disposal of such drug that the Secretary determines provide protections comparable to those provided by the technologies, controls, or measures required for the applicable listed drug under section 505-2.''. (e) Rules of Construction.-- (1) Any labeling describing technologies, controls, or measures related to packaging or disposal intended to mitigate the risk of abuse or misuse of a drug product that is subject to an abbreviated new drug application, including labeling describing differences from the reference listed drug resulting from the application of section 505-2 of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall not be construed-- (A) as changes to labeling not permissible under clause (v) of section 505(j)(2)(A) of such Act (21 U.S.C. 355(j)(2)(A)), or a change in the conditions of use prescribed, recommended, or suggested in the labeling proposed for the new drug under clause (i) of such section; or (B) to preclude approval of an abbreviated new drug application under subparagraph (B) or (G) of section 505(j)(4) of such Act (21 U.S.C. 355(j)(4)). (2) For a covered application that is an application submitted under subsection (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), subsection (j)(2)(A) of such section 505 shall not be construed to limit the type of data or information the Secretary of Health and Human Services may request or consider in connection with making any determination under section 505-2. (f) GAO Report.--Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Congress a report containing-- (1) a description of available evidence, if any, on the effectiveness of site-of-use, in-home controlled substance disposal products and packaging technologies; (2) identification of ways in which such disposal products intended for use by patients, consumers, and other end users that are not registrants under the Controlled Substances Act, are made available to the public and barriers to the use of such disposal products; (3) identification of ways in which packaging technologies are made available to the public and barriers to the use of such technologies; (4) a description of Federal oversight, if any, of site-of- use, in-home controlled substance disposal products, including-- (A) identification of the Federal agencies that oversee such products; (B) identification of the methods of disposal of controlled substances recommended by these agencies for site-of-use, in-home disposal; and (C) a description of the effectiveness of such recommendations at preventing the diversion of legally prescribed controlled substances; (5) a description of Federal oversight, if any, of controlled substance packaging technologies, including-- (A) identification of the Federal agencies that oversee such technologies; (B) identification of the technologies recommended by these agencies, including unit dose packaging, packaging that provides a set duration, or other packaging systems that may mitigate abuse or misuse; and (C) a description of the effectiveness of such recommendations at preventing the diversion of legally prescribed controlled substances; and (6) recommendations on-- (A) whether site-of-use, in-home controlled substance disposal products and packaging technologies require Federal oversight and, if so, which agencies should be responsible for such oversight and, as applicable, approval of such products or technologies; and (B) the potential role of the Federal Government in evaluating such products to ensure product efficacy. Passed the House of Representatives June 19, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Securing Opioids and Unused Narcotics with Deliberate Disposal and Packaging Act of 2018 or the SOUND Disposal and Packaging Act This bill amends the Federal Food, Drug, and Cosmetic Act to authorize the Food and Drug Administration to require certain packaging and disposal technologies, controls, or measures to mitigate the risk of abuse or misuse of a drug or a class of drugs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Surface Transportation Policy and Planning Act of 2009''. SEC. 2. ESTABLISHMENT OF A NATIONAL SURFACE TRANSPORTATION POLICY AND PLAN. (a) In General.--Chapter 3 of title 49, United States Code, is amended-- (1) by redesignating sections 304 through 309 as sections 307 through 312; (2) by redesignating sections 303 and 303a as sections 305 and 306, respectively; and (3) by inserting after section 302, the following: ``Sec. 303. National surface transportation policy ``(a) Policy.--It is the policy of the United States to develop a comprehensive national surface transportation system that advances the national interest and defense, interstate and foreign commerce, the efficient and safe interstate mobility of people and goods, and the protection of the environment. The system shall be built, maintained, managed, and operated as a partnership between the Federal, State, and local governments and the private sector and shall be coordinated with the overall transportation system of the United States, including the Nation's air, rail, pipeline, and water transportation systems. The Secretary of Transportation shall be responsible for carrying out this policy and for defining the Federal Government's role in the system. ``(b) Objectives.--The objectives of the policy shall be to facilitate and advance-- ``(1) the efficient connectivity of persons and goods within and between nations, regions, States, and metropolitan areas; ``(2) the safety and health of the public; ``(3) the security of the Nation and the public; ``(4) environmental protection and enhancement, including the reduction of carbon-related emissions; ``(5) energy conservation and security, including reducing transportation-related energy use; ``(6) international and interstate freight movement, trade enhancement, job creation, and economic development; ``(7) responsible land use and sustainable development; ``(8) the preservation and adequate performance of system- critical transportation assets, as defined by the Secretary; ``(9) reasonable access to the national surface transportation system for all system users, including rural communities; ``(10) sustainable, balanced, and adequate financing of the national surface transportation system; and ``(11) innovation in transportation services, infrastructure, and technology. ``(c) Goals.-- ``(1) In general.--The goals of the policy shall be-- ``(A) to reduce national per capita motor vehicle miles traveled on an annual basis; ``(B) to reduce national motor vehicle-related fatalities by 50 percent by 2030; ``(C) to reduce national surface transportation- generated carbon dioxide levels by 40 percent by 2030; ``(D) to reduce national surface transportation delays per capita on an annual basis; ``(E) to increase the percentage of system-critical surface transportation assets, as defined by the Secretary, that are in a state of good repair by 20 percent by 2030; ``(F) to increase the total usage of public transportation, intercity passenger rail services, and non-motorized transportation on an annual basis; ``(G) to increase the proportion of national freight transportation provided by non-highway or multimodal services by 10 percent by 2020; ``(H) to reduce passenger and freight transportation delays and congestion at international points of entry on an annual basis; ``(I) to ensure adequate transportation of domestic energy supplies; and ``(J) to maintain or the reduce the percentage of gross domestic product consumed by transportation costs. ``(2) Baselines.--Within 1 year after the date of enactment of the National Surface Transportation Policy and Planning Act of 2009, the Secretary shall develop baselines for the goals and shall determine appropriate methods of data collection to measure the attainment of the goals. ``(d) Requirements.--The Secretary, consistent with the plan developed under section 304 and notwithstanding any other provision of law in effect as of the date of enactment of the National Surface Transportation Policy and Planning Act of 2009, shall-- ``(1) develop appropriate performance criteria and data collections systems for each Federal surface transportation program in order to evaluate: ``(A) whether such programs are consistent with the policy, objectives, and goals established by this section; and ``(B) how effective such programs are in contributing to the achievement of the policy, objectives, and goals established by this section; ``(2) using the criteria developed under paragraph (1), annually evaluate each such program and provide the results to the public; ``(3) based on the evaluation performed under paragraph (2), make any necessary changes or improvements to such programs to ensure such consistency and effectiveness; ``(4) align the availability and award of Federal surface transportation funding to meet the policy, objectives, goals, and performance criteria established by this section, consistent with the evaluation performed under paragraph (2); ``(5) carry out this section in a manner that is consistent with sections 302, 5503, 10101, and 13101 of this title and section 101 of title 23 to the extent that such sections do not conflict with the policy, objectives, and goals established by this section; ``(6) review, update, and reissue all relevant surface transportation planning requirements to ensure that such requirements require that regional, State, and local surface transportation planning efforts funded with Federal funds are consistent with the policy, objectives, and goals established by this section; and ``(7) require recipients of Federal surface transportation funds to annually report on the use of such funds, including a description of-- ``(A) which projects and priorities were funded with such funds; ``(B) the rationale and method employed for apportioning such funds to the projects and priorities; and ``(C) how the obligation of such funds is consistent with or advances the policy, objectives, and goals established by this section. ``(e) Authority.-- ``(1) In general.--Notwithstanding any other provision of law in effect as of the date of enactment of the National Surface Transportation Policy and Planning Act of 2009, the Secretary may, through a process of public notice and comment and with reasonable prior notice to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure preceding any significant change, consistent with the public interest, amend the goals under subsection (c) or develop additional goals to effectively meet the policy and objectives set forth in this section. ``(2) The Secretary may also make recommendations to those Committees for reorganizing the Department of Transportation, as necessary and consistent with the requirements of section 304(b)(6), in order to achieve the policy, objectives, and goals established by this section. ``Sec. 304. National surface transportation performance plan ``(a) Development.--Within 2 years after the date of enactment of the National Surface Transportation Policy and Planning Act of 2009, the Secretary of Transportation shall develop and implement a National Surface Transportation Performance Plan to achieve the policy, objectives, and goals set forth in section 303. ``(b) Contents.--The plan shall include-- ``(1) an assessment of the current performance of the national surface transportation system and an analysis of the system's ability to achieve the policy, objectives, and goals set forth in section 303; ``(2) an analysis of emerging and long-term projected trends that will impact the performance, needs, and uses of the national surface transportation system; ``(3) a description of the major impediments to effectively meeting the policy, objectives, and goals set forth in section 303 and recommended actions to address such impediments; ``(4) a comprehensive strategy and investment plan to meet the policy, objectives, and goals set forth in section 303; ``(5) initiatives to improve transportation modeling, research, data collection, and analysis; and ``(6) a plan for any reorganization of the Department of Transportation or its agencies necessary to meet the policy, objectives, and goals set forth in section 303. ``(c) Consultation.--In developing the plan required by subsection (a), the Secretary shall-- ``(1) consult with local, State, and tribal governments, public and private transportation providers and carriers, non- profit organizations representing transportation employees, appropriate foreign governments, and other interested parties; and ``(2) provide public notice and hearings and solicit public comments on the plan. ``(d) Submittal.--The Secretary shall submit the completed plan to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. ``(e) Progress Reports.--The Secretary shall submit biennial progress reports on the implementation of the plan beginning 2 years after the date of submittal of the plan under subsection (d) to the Committees. The progress report shall-- ``(1) describe progress made toward fully implementing the plan and achieving the policies, objectives, and goals established under section 303; ``(2) describe challenges and obstacles to full implementation; ``(3) describe updates to the plan necessary to reflect changed circumstances or new developments; and ``(4) make policy and legislative recommendations the Secretary believes are necessary and appropriate to fully implement the plan. ``(f) Data.--The Secretary shall have the authority to conduct studies, gather information, and require the production of data necessary to develop or update this plan, consistent with Federal privacy standards. ``(g) Funding.--The Secretary may use such sums as may be necessary from any funds provided to the Department of Transportation for surface transportation programs for the purpose of completing and updating the plan and developing and issuing the progress reports pursuant to this section.''. (b) Conforming Amendments.-- (1) Section 302(a) of title 49, United States Code, is amended by striking ``10101 and 13101'' and inserting ``303, 10101, and 13101''. (2) Section 308, as redesignated, of title 49, United States Code, is amended by striking ``sections 301-304'' and inserting ``sections 301 through 307''. (3) The table of contents for chapter 3 of title 49, United States Code, is amended-- (A) by redesignating the items relating to sections 303 through 309 as relating to sections 305 through 312; and (B) by inserting after the item relating to section 302 the following: ``303. National surface transportation policy. ``304. National surface transportation performance plan.''.", "summary": "Federal Surface Transportation Policy and Planning Act of 2009 - Declares it is U.S. policy to develop a national surface transportation system that advances the national interest and defense, interstate and foreign commerce, the efficient and safe interstate mobility of people and goods, and the protection of the environment. Sets forth certain U.S. policy objectives and goals, including to: (1) reduce national per capita motor vehicle miles traveled annually; (2) reduce national surface transportation-generated carbon dioxide levels by 40% by 2030; (3) reduce national surface transportation (including passenger and freight) delays and congestion at U.S. points of entry; (4) increase the total usage of public transportation, intercity passenger rail services, and non-motorized transportation; and (5) ensure adequate transportation of domestic energy supplies. Directs the Secretary of Transportation to: (1) develop performance criteria and data collections systems to evaluate the effectiveness of federal surface transportation programs; (2) implement such programs to meet the policy, objectives, goals, and performance criteria established by this Act; and (3) develop and implement a National Surface Transportation Performance Plan. Authorizes the Secretary to amend the goals established under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Renewable Energy Investment Act''. SEC. 2. INCREASE OF ENERGY CREDIT FOR EQUIPMENT USED TO GENERATE ELECTRICITY BY GEOTHERMAL POWER. (a) In General.--Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (III), by striking ``and''; and (2) by adding at the end the following: ``(V) energy property described in paragraph (3)(A)(iii), but only with respect to periods ending before January 1, 2017, and''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. EXTENSION OF SPECIFIED ENERGY PROPERTY GRANTS IN LIEU OF CREDIT. (a) In General.--Subsection (a) of section 1603 of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking ``unless such property--'' and all that follows through the period at the end and inserting the following: ``unless such property is placed in service before the credit termination date with respect to such property.''. (b) Effective Date.--The amendment made by this section shall apply to grants made after the date of the enactment of this Act. SEC. 4. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX INDIFFERENT PARTIES. (a) In General.--Subpart B of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 457 the following new section: ``SEC. 457A. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX INDIFFERENT PARTIES. ``(a) In General.--Any compensation which is deferred under a nonqualified deferred compensation plan of a nonqualified entity shall be includible in gross income when there is no substantial risk of forfeiture of the rights to such compensation. ``(b) Nonqualified Entity.--For purposes of this section, the term `nonqualified entity' means-- ``(1) any foreign corporation unless substantially all of its income is-- ``(A) effectively connected with the conduct of a trade or business in the United States, or ``(B) subject to a comprehensive foreign income tax, and ``(2) any partnership unless substantially all of its income is allocated to persons other than-- ``(A) foreign persons with respect to whom such income is not subject to a comprehensive foreign income tax, and ``(B) organizations which are exempt from tax under this title. ``(c) Determinability of Amounts of Compensation.-- ``(1) In general.--If the amount of any compensation is not determinable at the time that such compensation is otherwise includible in gross income under subsection (a)-- ``(A) such amount shall be so includible in gross income when determinable, and ``(B) the tax imposed under this chapter for the taxable year in which such compensation is includible in gross income shall be increased by the sum of-- ``(i) the amount of interest determined under paragraph (2), and ``(ii) an amount equal to 20 percent of the amount of such compensation. ``(2) Interest.--For purposes of paragraph (1)(B)(i), the interest determined under this paragraph for any taxable year is the amount of interest at the underpayment rate under section 6621 plus 1 percentage point on the underpayments that would have occurred had the deferred compensation been includible in gross income for the taxable year in which first deferred or, if later, the first taxable year in which such deferred compensation is not subject to a substantial risk of forfeiture. ``(d) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Substantial risk of forfeiture.-- ``(A) In general.--The rights of a person to compensation shall be treated as subject to a substantial risk of forfeiture only if such person's rights to such compensation are conditioned upon the future performance of substantial services by any individual. ``(B) Exception for compensation based on gain recognized on an investment asset.-- ``(i) In general.--To the extent provided in regulations prescribed by the Secretary, if compensation is determined solely by reference to the amount of gain recognized on the disposition of an investment asset, such compensation shall be treated as subject to a substantial risk of forfeiture until the date of such disposition. ``(ii) Investment asset.--For purposes of clause (i), the term `investment asset' means any single asset (other than an investment fund or similar entity)-- ``(I) acquired directly by an investment fund or similar entity, ``(II) with respect to which such entity does not (nor does any person related to such entity) participate in the active management of such asset (or if such asset is an interest in an entity, in the active management of the activities of such entity), and ``(III) substantially all of any gain on the disposition of which (other than such deferred compensation) is allocated to investors in such entity. ``(iii) Coordination with special rule.-- Paragraph (3)(B) shall not apply to any compensation to which clause (i) applies. ``(2) Comprehensive foreign income tax.--The term `comprehensive foreign income tax' means, with respect to any foreign person, the income tax of a foreign country if-- ``(A) such person is eligible for the benefits of a comprehensive income tax treaty between such foreign country and the United States, or ``(B) such person demonstrates to the satisfaction of the Secretary that such foreign country has a comprehensive income tax. ``(3) Nonqualified deferred compensation plan.-- ``(A) In general.--The term `nonqualified deferred compensation plan' has the meaning given such term under section 409A(d), except that such term shall include any plan that provides a right to compensation based on the appreciation in value of a specified number of equity units of the service recipient. ``(B) Exception.--Compensation shall not be treated as deferred for purposes of this section if the service provider receives payment of such compensation not later than 12 months after the end of the taxable year of the service recipient during which the right to the payment of such compensation is no longer subject to a substantial risk of forfeiture. ``(4) Exception for certain compensation with respect to effectively connected income.--In the case of a foreign corporation with income which is taxable under section 882, this section shall not apply to compensation which, had such compensation had been paid in cash on the date that such compensation ceased to be subject to a substantial risk of forfeiture, would have been deductible by such foreign corporation against such income. ``(5) Application of rules.--Rules similar to the rules of paragraphs (5) and (6) of section 409A(d) shall apply. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations disregarding a substantial risk of forfeiture in cases where necessary to carry out the purposes of this section.''. (b) Conforming Amendment.--Section 26(b)(2) of such Code is amended by striking ``and'' at the end of subparagraph (V), by striking the period at the end of subparagraph (W) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(X) section 457A(c)(1)(B) (relating to determinability of amounts of compensation).''. (c) Clerical Amendment.--The table of sections of subpart B of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 457 the following new item: ``Sec. 457A. Nonqualified deferred compensation from certain tax indifferent parties.''. (d) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to amounts deferred which are attributable to services performed after December 31, 2008. (2) Application to existing deferrals.--In the case of any amount deferred to which the amendments made by this section do not apply solely by reason of the fact that the amount is attributable to services performed before January 1, 2009, to the extent such amount is not includible in gross income in a taxable year beginning before 2018, such amounts shall be includible in gross income in the later of-- (A) the last taxable year beginning before 2018, or (B) the taxable year in which there is no substantial risk of forfeiture of the rights to such compensation (determined in the same manner as determined for purposes of section 457A of the Internal Revenue Code of 1986, as added by this section). (3) Accelerated payments.--No later than 120 days after the date of the enactment of this Act, the Secretary shall issue guidance providing a limited period of time during which a nonqualified deferred compensation arrangement attributable to services performed on or before December 31, 2008, may, without violating the requirements of section 409A(a) of the Internal Revenue Code of 1986, be amended to conform the date of distribution to the date the amounts are required to be included in income. (4) Certain back-to-back arrangements.--If the taxpayer is also a service recipient and maintains one or more nonqualified deferred compensation arrangements for its service providers under which any amount is attributable to services performed on or before December 31, 2008, the guidance issued under paragraph (4) shall permit such arrangements to be amended to conform the dates of distribution under such arrangement to the date amounts are required to be included in the income of such taxpayer under this subsection. (5) Accelerated payment not treated as material modification.--Any amendment to a nonqualified deferred compensation arrangement made pursuant to paragraph (4) or (5) shall not be treated as a material modification of the arrangement for purposes of section 409A of the Internal Revenue Code of 1986.", "summary": "Enhancing Renewable Energy Investment Act - Amends the Internal Revenue Code to: (1) allow a 30% energy tax credit through 2016 for equipment used to produce electricity by geothermal power; and (2) require the inclusion in gross income for income tax purposes of employee compensation deferred under a nonqualified deferred compensation plan of certain foreign entities when there is no substantial risk of forfeiture of the rights to such compensation. Amends the American Recovery and Reinvestment Tax Act of 2009 to allow an extension of the grant period for specified energy property in lieu of applicable tax credits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Barrier Resources Reauthorization Act of 1999''. SEC. 2. ADDITIONS TO COASTAL BARRIER RESOURCES SYSTEM. (a) Voluntary Additions.--Section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503) is amended by adding at the end the following: ``(d) Voluntary Additions to System.--The Secretary may add any parcel of real property to the System, if-- ``(1) the owner of the parcel requests that the Secretary add the parcel to the System; and ``(2) the parcel is a depositional geologic feature described in section 3(1)(A).''. (b) Technical Amendments Relating to Additions of Excess Property.-- (1) In general.--Section 4(d) of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note)-- (A) is redesignated and moved so as to appear as subsection (e) of section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503); and (B) is amended-- (i) in paragraph (1) by striking ``one hundred and eighty'' and inserting ``180''; (ii) in paragraph (2) by striking ``subsection (d)(1)'' and inserting ``paragraph (1)''; and (iii) by striking paragraph (3). (2) Conforming amendment.--Section 4(f) of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note) is repealed. (c) Notice Regarding Additions to System.--Section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503) is further amended by adding at the end the following: ``(f) Notice Regarding Additions to System.--The Secretary shall-- ``(1) publish in the Federal Register a notice of any addition of property to the System under this section, including notice of the availability of a map showing the location of the property; ``(2) provide a copy of that map to the State and local government in which the property is located and the Committee on Resources of the House of Representatives; and ``(3) revise the maps referred to in subsection (a) to reflect the addition of the property to the System.''. (d) Conforming Amendment.--Subsection (a) of section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)) is amended by striking ``, which shall consist of'' and all that follows through the end of that subsection and inserting the following: ``, that-- ``(1) shall consist of those undeveloped coastal barriers and other areas located on the coasts of the United States that are identified and generally depicted on the set of maps on file with the Secretary entitled `Coastal Barrier Resources System', dated October 24, 1990, as such maps may be modified, revised, corrected, or replaced under subsection (c), (d), or (e) of this section, or any other provision of law enacted on or after November 16, 1990, that specifically authorizes the modification, revision, correction, or replacement; and ``(2) includes areas added to the System in accordance with subsection (d) or (e).''. SEC. 3. CLERICAL AMENDMENTS. (a) Coastal Barrier Resources Act.--The Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.) is amended-- (1) in section 3(3) (16 U.S.C. 3502(3)), in the matter following subparagraph (D), by striking ``Effective October 1, 1983, such'' and inserting ``Such''; and (2) by repealing section 10 (16 U.S.C. 3509). (b) Coastal Barrier Improvement Act of 1990.--Section 8 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note) is repealed. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 12 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is redesignated as section 10 and amended to read as follows: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Secretary to carry out this Act $2,000,000 for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''. SEC. 5. DIGITAL MAPPING PILOT PROJECT. (a) Requirement to Undertake Project.-- (1) In general.--The Secretary of the Interior, in consultation with the Director of the Federal Emergency Management Agency, shall undertake a pilot project to determine the feasibility and cost of creating digital versions of the Coastal Barrier Resources System maps referred to in section 4(a)(1) of the Coastal Barrier Resources Act, as amended by this Act. The pilot project shall include the creation of digital maps for at least 5 units of the System. (2) Use of existing data.--(A) To the extent practicable, in completing the pilot project under this subsection, the Secretary shall use existing digital spatial data including digital orthophotos; shoreline, elevation, and bathymetric data; and electronic navigational charts in the possession of other Federal agencies, including the United States Geological Survey and the National Oceanic and Atmospheric Administration. (B) The head of any Federal agency that possesses digital spatial data referred to in subparagraph (A) shall promptly provide that data to the Secretary at no cost upon request by the Secretary. (3) Obtaining additional data.--If the Secretary determines that data necessary to complete the pilot project under this subsection does not exist, the Secretary shall enter into an agreement with the Director of the United States Geological Survey under which the Director shall obtain, in cooperation with other Federal agencies, as appropriate, and provide to the Secretary any digital spatial data required to carry out this subsection. (4) Data standards.--All digital spatial data used or created to carry out this subsection shall comply with the National Spatial Data Infrastructure established by Executive Order 12906 and any other standards established by the Federal Geographic Data Committee established by the Office of Management and Budget Circular A-16. (5) Digital maps not controlling.--Any determination of whether a location is inside or outside of the System shall be made without regard to the digital maps prepared under this subsection. (6) Report.--(A) Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Resources of the House of Representatives that describes the results of the pilot project and the feasibility, data needs, and costs of completing digital maps for the entire System. (B) The report shall include a description of-- (i) the cooperative agreements entered into by the Secretary with other Federal agencies to complete the pilot project and cooperative agreements needed to complete digital mapping of the entire System; (ii) the availability of existing data to complete digital mapping of the entire System; (iii) the need for additional data to complete digital mapping of the entire System; and (iv) the funding needed to complete digital mapping of the entire System. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $500,000 for each of fiscal years 2000, 2001, and 2002 to carry out the pilot project required under this section. SEC. 6. CORRECTIONS TO MAPS RELATING TO UNIT P19-P. (a) In General.--The Secretary of the Interior shall, before the end of the 30-day period beginning on the date of the enactment of this Act, make such corrections to the map described in subsection (b) as are necessary to ensure that depictions of areas on that map are consistent with the depictions of areas appearing on the map relating to unit P19-P entitled ``Amendment to the Coastal Barrier Resources System'' and dated September 16, 1998. (b) Map Described.--The map described in this subsection is the map that-- (1) is included in a set of maps entitled ``Coastal Barrier Resources System'', dated November 2, 1994; and (2) relates to unit P19-P of the Coastal Barrier Resources System. SEC. 7. REPLACEMENT OF MAPS RELATING TO UNITS NC-03P AND L03. (a) In General.--The 7 maps included in the set of maps entitled ``Coastal Barrier Resources System'' and referred to in section 4(a)(1) of the Coastal Barrier Resources Act, as amended by this Act, relating to the portions of Coastal Barrier Resources System units NC-03P and L03 located in Dare County, North Carolina, are hereby replaced by other maps relating to that unit that are entitled ``DARE COUNTY, NORTH CAROLINA, Coastal Barrier Resources System, Cape Hatteras Unit NC-03P'' or ``DARE COUNTY, NORTH CAROLINA, Coastal Barrier Resources System, Cape Hatteras Unit NC-03P, Hatteras Island Unit L03'' and dated July 1, 1999. (b) Availability.--The Secretary of the Interior shall keep the maps referred to in subsection (a) on file and available for inspection in accordance with the provisions of section 4(b) of the Coastal Barrier Resources Act (16 U.S.C. 3503(b)). SEC. 8. CORRECTIONS TO MAP RELATING TO UNIT DE-03P. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall make such corrections to the map described in subsection (b) as are necessary to move on that map the boundary of the otherwise protected area (as defined in section 12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101-591)) to the Cape Henlopen State Park boundary to the extent necessary-- (1) to exclude from the otherwise protected area the adjacent property leased, as of the date of enactment of this Act, by the Barcroft Company and Cape Shores Associates (which are privately held corporations under the law of the State of Delaware); and (2) to include in the otherwise protected area the northwestern corner of Cape Henlopen State Park seaward of the Lewes and Rehoboth Canal. (b) Map Described.--The map described in this subsection is the map that is included in a set of maps entitled ``Coastal Barrier Resources System'', dated October 24, 1990, as revised October 15, 1992, and that relates to the unit of the Coastal Barrier Resources System entitled ``Cape Henlopen Unit DE-03P''. Passed the House of Representatives September 21, 1999. Attest: JEFF TRANDAHL, Clerk.", "summary": "Coastal Barrier Resources Reauthorization Act of 1999 - Amends the Coastal Barrier Resources Act to authorize the Secretary of the Interior to add any parcel of real property to the Coastal Barrier Resources System if the parcel's owner so requests and the parcel is a depositional geologic feature described in specified provisions. Moves from the Coastal Barrier Improvement Act of 1990 to the Coastal Barrier Resources Act provisions relating to additions to the System of excess government property and amends the Coastal Barrier Improvement Act of 1990 to repeal notice provisions relating to the moved provisions. Amends the Coastal Barrier Resources Act to impose notice requirements regarding any System addition. (Sec. 4) Authorizes appropriations to carry out the Coastal Barrier Resources Act. (Sec. 5) Mandates a pilot project and report to a specified House of Representatives committee on the feasibility and cost of creating digital versions of System maps. Authorizes appropriations. (Sec. 6) Mandates corrections to the System map for unit P19-P (North Captiva Island, Florida) to make that map consistent with a specified map. (Sec. 7) Replaces seven System maps relating to units NC-03P and L03 in Dare County, North Carolina, with other specified maps. (Sec. 8) Directs the Secretary of the Interior to make corrections to a specified Coastal Barrier Resources map as necessary to move the boundary of the otherwise-protected area to the Cape Henlopen Sate Park boundary to the extent necessary to exclude from the otherwise- protected area the adjacent property leased by the Barcroft Company and Cape Shores Associates, privately held corporations under the law of the State of Delaware, and to include in the otherwise-protected area the northeastern corner of Cape Henlopen State Park seaward of the Lewes and Rehoboth Canal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Neighbor Social Security Office and Community Protection Act of 2012''. SEC. 2. FINDINGS. Congress finds that: (1) As of March 2012, more than 61,000,000 Americans received benefits from the Social Security Administration. (2) Americans depend upon convenient access to Social Security Administration field offices. (3) The Social Security Administration faces growing financial constraints consistent with the fiscal emergency faced by the Nation. (4) Americans rightly expect the Social Security Administration to meet its financial objectives through methods that preserve service standards to the highest degree possible. (5) The Social Security Administration is in the process of closing large numbers of field offices in an effort that is expected to last several years. (6) The Social Security Administration is closing field offices without adequate community input and process transparency. (7) The shortcomings in the Social Security Administration's process for closing field offices are due in part to an absence of a statutorily defined field office closure procedures that protect the interests of all interested parties. (8) Social Security beneficiaries and the communities surrounding Social Security field offices deserve notice of office closures, an opportunity to offer comment and have those comments given due consideration, and a clear plan to minimize service disruption from an office closure. SEC. 3. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Social Security Administration. (2) Closure.--The term ``closure'' includes any realignment, consolidation, or merger of an Administration field office. (3) Commissioner.--The term ``Commissioner'' means the Commissioner of Social Security. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northen Mariana Islands. SEC. 4. GUIDELINES AND STANDARDIZED PROCEDURES FOR CLOSURE OF SOCIAL SECURITY ADMINISTRATION FIELD OFFICES. (a) Guidelines for Identification of Offices for Possible Closure.--Not later than 180 days after the date of enactment of this Act, the Commissioner shall develop and publish-- (1) financial guidelines that may be used to identify Administration field offices for possible closure; and (2) standardized closure procedures that meet the requirements of section 5. (b) Non-Binding.--The financial guidelines and standardized closure procedures developed under subsection (a) shall provide that identification of an Administration field office for possible closure shall not require the Commissioner to begin closure procedures for any field office identified as a result of the application of such guidelines or the initiation of such procedures. SEC. 5. REQUIREMENTS FOR CLOSURE OF SOCIAL SECURITY ADMINISTRATION FIELD OFFICES. (a) Office Closure and Service Continuity Proposal.--In any case where the Commissioner has identified an Administration field office for possible closure as a result of the application of the financial guidelines developed under section 4 and decides to initiate procedures to close that field office, the Commissioner shall develop an office closure and service continuity proposal for the office that contains the following information: (1) The financial justification for the proposed office closure, with estimated savings in costs relating to real estate, labor, and miscellaneous expenses. (2) The estimated cost of the office closure. (3) Data for monthly customer traffic at the office. (4) The location of the two nearest Administration field offices that would remain open after the office closure. (5) The estimated travel time, by private vehicle and public transit, from the Administration field office proposed for closure and the two nearest Administration field offices that would remain open after the office closure. (6) The steps the Administration plans to take to mitigate any hardship created by the office closure. (7) The names and addresses of governmental agencies and community organizations to be notified in accordance with subsection (b). (8) The postal and electronic addresses for which public comments may be sent in accordance with subsection (c). (b) Notices Required Prior to Final Closure Decision.-- (1) In general.--Not less than 90 days prior to the proposed closure date for an Administration field office, the Commissioner shall-- (A) provide copies of the office closure and service continuity proposal developed for the Administration field office to-- (i) the chief executive office of the State in which field office proposed for closure is located; (ii) the chief executive officers for the county and city government jurisdictions in which the field office proposed for closure is located; and (iii) the head of the social services agencies that receive Federal funds that are located within a 10-mile radius of the field office proposed for closure; (B) publish the proposal in newspapers whose circulation area includes areas served by the field office proposed for closure; and (C) broadcast the proposal over Federally licensed radio stations whose broadcast area includes areas served by the field office proposed for closure. (2) Records.--The Commissioner shall maintain records of the dates on which the notices, publications, and broadcasts required under paragraph (1) are made. (c) Public Comment Required Prior to Final Closure Decision.-- (1) In general.--The Commissioner shall hold at least 1 hearing at which public comments may be made prior making any final decision to close an Administration field office. The Commissioner also shall provide postal and electronic addresses for which written comments regarding the proposed closure may be submitted. (2) Notice.--The date and time for the public comment hearing on the proposed closure of an Administration field office shall be included in the notices, publications, and broadcasts required under subsection (b). (3) Timing.--The public comment hearing shall be held at least 21 days after notice of the date and time for the hearing is made in accordance with paragraph (2) and at least 60 days prior to the proposed closure date for the Administration field office. (4) Attendance.--The Regional Commissioner for the region in which the Administration field office proposed for closure is located shall attend the public comment hearing. Only in cases where Regional Commissioner is, in good faith, unable to attend the hearing, may a designated representative attend the public comment hearing in lieu of the Regional Commissioner. (5) Format.--The public comment hearing shall be conducted as follows: (A) The hearing shall begin with a presentation by the Commissioner of the case for closure of the field office. (B) The hearing shall then provide at least 1 hour following the conclusion of the presentation of the case for closure for comments from elected officials. (C) Following the conclusion of the period for comment from elected officials, the hearing shall then provide at least 1 hour for comments from the public. (6) Records.--The Commissioner shall maintain a record of the comments provided at the hearing and shall include in the record any written comments received regarding the proposed closure of the field office. The Commissioner shall publish the record on the Administration Web site within 5 days after the conclusion of the public comment hearing. (d) Final Closure Decision.-- (1) In general.--The Commissioner shall issue a final closure decision regarding an Administration field office only after review of the comments received regarding the closure and evaluation of any alternatives to closing the office that are made at the public comment hearing or through written submission. (2) Notice.--Notice of the Commissioner's final closure decision with respect to an Administration field office shall be published on the Administration Web site and shall be distributed, published, and broadcast in the same manner as notice of the office closure and service continuity proposal is made under subsection (b). (3) Decision to close.--If the Commissioner's final closure decision is to close a field office, the Commissioner shall amend the office closure and service continuity proposal for the field office to incorporate additional information obtained during the public comment period. (4) Timing.--Notice of the Commissioner's final closing decision shall be provided at least 45 days prior to a closing date for a field office. (e) Additional Requirements.--The Commissioner shall continue to operate an Administration field office proposed for closure in good faith and with the assumption of continued service, until notice of the Commissioner's final closure decision is made. The Commissioner shall not take any action to close an Administration field office prior to providing notice of the Commissioner's final closure decision, including-- (1) terminating or providing notice to terminate any real estate lease, rental, or similar arrangement; (2) concluding agreements with collective bargaining units related to the office closure; (3) making expenditures related to the proposed office closure, except those necessary to fulfill the requirements of this Act; and (4) entering into contracts related to the proposed office closure, except those necessary to fulfill the process requirements of this Act. (f) Extensions of Time for Closure.--The Commissioner may-- (1) toll any time periods for action established by this Act, provided that an equivalent delay in the proposed closing date is made; and (2) delay the proposed closing date for an Administration field office at any time in the closing process, including, if the final closure decision is to close the office, after making that decision. SEC. 6. NON-APPLICABILITY TO DISPOSAL OF REAL PROPERTY RELATED TO CLOSED OFFICES. Nothing in this Act shall be construed to prevent or delay the speedy disposal of surplus Government real property, including any Administration field offices closed in accordance with the requirements of this Act.", "summary": "Good Neighbor Social Security Office and Community Protection Act of 2012 - Directs the Commissioner of Social Security to develop and publish: (1) financial guidelines that may be used to identify Social Security Administration field offices for possible closure, and (2) standardized closure procedures that meet certain requirements. Requires such guidelines and procedures to provide that identification of an Administration field office for possible closure shall not require the Commissioner to begin closure procedures for it. Requires the Commissioner to: (1) develop an office closure and service continuity proposal for any office so identified which the Commissioner decides to close that contains, among other specified items, the estimated cost of the closure; (2) notify state and local chief executive offices and the public before closure; (3) require the Commissioner to hold at least one hearing to take public comments before making a final decision to close a field office; (5) issue a final closure decision only after review of such comments and evaluation of any alternatives to closing the office; and (6) continue to operate an office proposed for closure in good faith and with the assumption of continued service until the notice of the Commisioner's final closure decision is made."}
{"article": "SECTION 1. FINDINGS. The Congress finds that-- (1) the Russian Federation has adopted constitutional protections and statutory and administrative procedures that accord its citizens the right and opportunity to emigrate, free of anything more than a nominal tax on emigration or on the visas or other documents required for emigration and free of any tax, levy, fine, fee, or other charge on any citizens as a consequence of the desire of such citizens to emigrate to the country of their choice or to return to the Russian Federation; (2) the Russian Federation has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 since 1994; (3) the Russian Federation has taken important steps toward the creation of democratic institutions and a free-market economy and, as a participating state of the Organization for Security and Cooperation in Europe (in this Act referred to as the ``OSCE''), is committed to developing a system of governance in accordance with the principles regarding human rights and humanitarian affairs that are set forth in the Final Act of the Conference on Security and Cooperation in Europe (also known as the ``Helsinki Final Act'') and successive documents; (4) the Russian Federation is committed to addressing issues relating to its national and religious minorities as a participating state of the OSCE, to adopting measures to ensure that persons belonging to national minorities have full equality both individually and communally, and to respecting the independence of minority religious communities, although problems still exist regarding the registration of religious groups, visa, and immigration requirements, and other laws, regulations, and practices that interfere with the activities or internal affairs of minority religious communities; (5) the Russian Federation has enacted legislation providing protection against discrimination or incitement to violence against persons or groups based on national, racial, ethnic, or religious discrimination, including anti-Semitism; (6) the Russian Federation has committed itself, including through exchanges of letters, to ensuring freedom of religion, equal treatment of all religious groups, and combating racial, ethnic, and religious intolerance and hatred, including anti- Semitism; (7) the Russian Federation has engaged in efforts to combat ethnic and religious intolerance by cooperating with various United States nongovernmental organizations; (8) the Russian Federation is continuing the restitution of religious properties, including religious and communal properties confiscated from national and religious minorities during the Soviet era, facilitating the reemergence of these minority groups in the national life of the Russian Federation, and has committed itself, including through exchanges of letters, to continue the restitution of such properties; (9) the Russian Federation has received normal trade relations treatment since concluding a bilateral trade agreement with the United States that entered into force on June 17, 1992; (10) the Russian Federation is making progress toward accession to the World Trade Organization, recognizing that many central issues remain to be resolved, including removal of unjustified restrictions on agricultural products of the United States, commitments relating to tariff reductions for goods, trade in services, protection of intellectual property rights, reform of the industrial energy sector, elimination of export incentives for industrial goods, reform of customs procedures and technical, sanitary, and phytosanitary measures, and inclusion of trade remedy provisions; (11) the Russian Federation has enacted some protections reflecting internationally recognized labor rights, but serious gaps remain both in the country's legal regime and its enforcement record; (12) the Russian Federation has provided constitutional guarantees of freedom of the press, although infringements of this freedom continue to occur; and (13) the Russian Federation has demonstrated a strong desire to build a friendly and cooperative relationship with the United States. SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO THE RUSSIAN FEDERATION. (a) Presidential Determinations and Extensions of Nondiscriminatory Treatment.--Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may-- (1) determine that such title should no longer apply to the Russian Federation; and (2) after making a determination under paragraph (1) with respect to the Russian Federation, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Termination of Application of Title IV.--On and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of the Russian Federation, chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to that country. SEC. 3. POLICY OF THE UNITED STATES. It is the policy of the United States to remain fully committed to a multifaceted engagement with the Russian Federation, including by-- (1) urging the Russian Federation to ensure that its national, regional, and local laws, regulations, practices, and policies fully, and in conformity with the standards of the OSCE-- (A) provide for the free emigration of its citizens; (B) safeguard religious liberty throughout the Russian Federation, including by ensuring that the registration of religious groups, visa and immigration requirements, and other laws, regulations, and practices are not used to interfere with the activities or internal affairs of minority religious communities; (C) enforce and enhance existing Russian laws at the national and local levels to combat ethnic, religious, and racial discrimination and related violence; (D) expand the restitution of religious and communal properties, including by establishing a legal framework for the timely completion of such restitution; and (E) respect fully freedom of the press; (2) working with the Russian Federation, including through the Secretary of Labor and other appropriate executive branch officials, to address the issues described in section 1(11); and (3) continuing rigorous monitoring by the United States of human rights issues in the Russian Federation, including the issues described in paragraphs (1) and (2), providing assistance to nongovernmental organizations and human rights groups involved in human rights activities in the Russian Federation, and promoting annual discussions and ongoing dialog with the Russian Federation regarding those issues, including the participation of United States and Russian nongovernmental organizations in such discussions. SEC. 4. REPORTING REQUIREMENT. The reports required by sections 102(b) and 203 of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and 6433) shall include an assessment of the status of the issues described in subparagraphs (A) through (D) of section 3(1). SEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 17, 1992, BILATERAL TRADE AGREEMENT. (a) Finding.--The Congress finds that the trade agreement between the United States and the Russian Federation that entered into force on June 17, 1992, remains in force between the 2 countries and provides the United States with important rights, including the right to use specific safeguard rules to respond to import surges from the Russian Federation. (b) Applicability of Safeguard.--Section 421 of the Trade Act of 1974 (19 U.S.C. 2451) shall apply to the Russian Federation to the same extent as such section applies to the People's Republic of China. SEC. 6. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION NEGOTIATIONS. (a) Notice of Agreement on Accession to WTO by Russian Federation.--Not later than 5 days after the date on which the United States has entered into a bilateral agreement with the Russian Federation on the terms of accession by the Russian Federation to the World Trade Organization, the President shall so notify the Congress, and the President shall transmit to the Congress, not later than 15 days after that agreement is entered into, a report that sets forth the provisions of that agreement. (b) Resolution of Disapproval.-- (1) Introduction.--If a resolution of disapproval is introduced in the House of Representatives or the Senate during the 30-day period (not counting any day which is excluded under section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)), beginning on the date on which the President first notifies the Congress under subsection (a) of the agreement referred to in that subsection, that resolution of disapproval shall be considered in accordance with this subsection. (2) Resolution of disapproval.--In this subsection, the term ``resolution of disapproval'' means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: ``That the Congress does not approve the agreement between the United States and the Russian Federation on the terms of accession by the Russian Federation to the World Trade Organization, of which Congress was notified on ____.'', with the blank space being filled with the appropriate date. (3) Procedures for considering resolutions.-- (A) Introduction and referral.--Resolutions of disapproval-- (i) in the House of Representatives-- (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee; and (ii) in the Senate-- (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (B) Committee discharge and floor consideration.-- The provisions of subsections (c) through (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192(c) through (f)) (relating to committee discharge and floor consideration of certain resolutions in the House and Senate) apply to a resolution of disapproval to the same extent as such subsections apply to resolutions under such section. (c) Rules of House of Representatives and Senate.--Subsection (b) is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.", "summary": "Authorizes the President to extend nondiscriminatory treatment (normal trade relations treatment) to the products of the Russian Federation.Declares that it is the policy of the United States to remain fully committed to a multifaceted engagement with the Russian Federation, including by urging the Russian Federation to ensure that its laws and policies in conformity with Organization for Security and Cooperation in Europe (OSCE) standards provide for the free emigration of its citizens and recognize human rights.Declares that the trade agreement between the United States and the Russian Federation that entered into force on June 17, 1992, remains in force and provides the United States with important rights, including the right to use specific safeguard rules to respond to import surges from the Russian Federation.Requires the President to notify Congress not later than five days after the United States has entered into a bilateral agreement with the Russian Federation on the terms of its accession to the World Trade Organization (WTO).Provides for congressional approval of such agreement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Lifeline Act of 2006''. SEC. 2. TEMPORARY PROCESS FOR INDIVIDUALS ENTERING THE MEDICARE COVERAGE GAP TO SWITCH TO A PLAN THAT PROVIDES COVERAGE IN THE GAP. (a) Process.--Notwithstanding any other provision of law, by not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a process under which an applicable individual may terminate enrollment in the prescription drug plan or the MA-PD plan in which they are enrolled and enroll in any prescription drug plan or MA-PD plan-- (1) that provides some coverage of covered part D drugs (as defined in subsection (e) of section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102)) after the individual has reached the initial coverage limit under the plan but has not reached the annual out-of-pocket threshold under subsection (b)(4)(B) of such section; and (2) subject to subsection (b), that serves the area in which the individual resides. (b) Special Rule Permitting Applicable Individuals to Enroll in a Prescription Drug Plan Outside of the Region in Which the Individual Resides.--In the case of an applicable individual that resides in a PDP region under section 1860D-11(a)(2) of the Social Security Act (42 U.S.C. 1395w-111(a)(2)) in which there is no prescription drug plan available that provides some coverage of brand name covered part D drugs (as so defined) after the individual has reached the initial coverage limit under the plan but before the individual has reached such annual out-of-pocket threshold, the Secretary shall ensure that the process established under subsection (a) permits the individual to enroll in a prescription drug plan that provides such coverage but is in another PDP region. The Secretary shall determine the PDP region in which the individual may enroll in such a prescription drug plan. (c) Notification of Applicable Individuals.--Under the process established under subsection (a), the Secretary shall notify, or require sponsors of prescription drug plans and organizations offering MA-PD plans to notify, applicable individuals of the option to change plans under such process. Such notice shall be provided to an applicable individual within 30 days of meeting the definition of such an individual. (d) Process in Effect for Remaining Portion of 2006.--The process established under subsection (a) shall remain in effect through December 31, 2006. (e) Definitions.--In this section: (1) Applicable individual.--The term ``applicable individual'' means a part D eligible individual (as defined in section 1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-101(a)(3)(A)) who, with respect to a year-- (A) is enrolled in a prescription drug plan or an MA-PD plan that does not provide any coverage of covered part D drugs (as so defined) after the individual has reached the initial coverage limit under the plan but has not reached such annual out-of-pocket threshold; and (B) has reached such initial coverage limit or is within $750 of reaching such limit. (2) Prescription drug plan; ma-pd plan.--The terms ``prescription drug plan'' and ``MA-PD plan'' have the meanings given those terms in section 1860D-41(a)(14) of the Social Security Act (42 U.S.C. 1395w-151(a)(14)) and section 1860D- 1(a)(3)(C) of such Act (42 U.S.C. 1395w-101(a)(3)(C)), respectively. SEC. 3. GAO STUDY AND REPORT ON THE ELIMINATION OF THE MEDICARE PART D COVERAGE GAP. (a) Study.--The Comptroller General of the United States shall conduct a study on-- (1) the costs to the Medicare program of eliminating the initial coverage limit under paragraph (3) of section 1860D- 2(b) of the Social Security Act (42 U.S.C. 1395w-102(b)) (and providing that standard prescription drug coverage included the coverage described in paragraph (2) of such section until the individual reached the annual out-of-pocket threshold under subsection (b)(4)(B) of such section); and (2) the adjustment to the coinsurance under paragraph (2) of such section that would be necessary to eliminate the initial coverage limit (and provide that standard prescription drug coverage included such adjusted coinsurance amount until the individual reached such annual out-of-pocket threshold) without increasing the costs to the Medicare program. (b) Report.--Not later than May 1, 2007, the Comptroller General of the United States shall submit a report to Congress on the study conducted under subsection (a) together with such recommendations as the Comptroller General determines to be appropriate.", "summary": "Medicare Prescription Drug Lifeline Act of 2006 - Directs the Secretary of Health and Human Services to establish a process under which an individual may terminate enrollment in the prescription drug plan or the Medicare Advantage Prescription Drug (MA-PD) Plan in which he or she is enrolled and enroll in any prescription drug plan or MA-PD Plan serving the area where the individual resides that provides some coverage of covered part D (Voluntary Prescription Drug Benefit Program) drugs after the individual has reached the initial coverage limit but not yet the annual out-of-pocket threshold. Sets forth a special rule permitting applicable individuals to enroll in a prescription drug plan outside the region in which they reside. Directs the Comptroller General to study and report to Congress on: (1) the costs to the Medicare program of eliminating the initial coverage limit and providing specified standard prescription drug coverage until the individual reaches the annual out-of-pocket threshold; and (2) the adjustment to the applicable coinsurance that would be necessary to eliminate the initial coverage limit under such conditions without increasing the costs to the Medicare program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Fraud in Bankruptcy Act of 2011''. SEC. 2. REMEDIES FOR NEGLIGENT, RECKLESS, OR FRAUDULENT ASSERTION OF CLAIM. Chapter 1 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 113. Remedies for negligent, reckless, or fraudulent assertion of claim ``(a) In this section-- ``(1) a person `asserts a claim' by, without limitation, preparing, signing, filing, submitting, or later advocating a proof of claim under section 501 of this title, a motion seeking relief from the stay imposed under section 362 of this title, or other paper, representing to the court that a claim is owed or that it is owed in a specific amount; ``(2) a person who assists another person in asserting a claim shall also be deemed to have asserted the claim, including-- ``(A) any officer, director, employee, or agent of the person asserting a claim; and ``(B) any attorney, accountant, or other professional person who is employed by or is assisting the person asserting a claim; and ``(3) the term `relief' means, without limitation, and in addition to any legal, equitable, monetary or injunctive relief otherwise available under any provision of this title or other provision of law, or under a court's inherent powers-- ``(A) an order or judgment imposing upon a person in one or more cases, wherever situated, in which the person has asserted a claim or claims in violation of subsection (b) a civil penalty of not more than $5,000 for each such claim; ``(B) an order or judgment requiring a person in one or more cases, wherever situated, in which the person has asserted a claim or claims in violation of subsection (b), to pay actual damages to an injured debtor, or trustee; and ``(C) an order or judgment imposing upon a person in one or more cases, wherever situated, in which the person has asserted, or could assert, a claim or claims in violation of subsection (b) of this section, other prospective or retrospective relief, including but not limited to declaratory relief, injunctive relief, or an auditing requirement. ``(b) Notwithstanding any other provision of Federal or State law, and in addition to any other remedy provided under Federal or State law, if a court, on its own motion or on the motion of the United States trustee (or bankruptcy administrator, if any), finds, based upon a preponderance of the evidence, that a person has, through negligence, recklessness, or fraud, improperly asserted a claim in any case under chapter 7 or chapter 13 of this title before the court, the court may-- ``(1) enter relief against the person in the case before the court; and ``(2) enter relief against the person in any other case under chapter 7 or chapter 13 that is pending or might thereafter be filed under this title, wherever situated, to the extent the court deems it necessary-- ``(A) to rectify the person's negligent, reckless, or fraudulent assertion of a claim; or ``(B) to prevent the person from asserting any negligent, reckless, or fraudulent claim. ``(c)(1) Civil penalties imposed under this section in judicial districts served by United States trustees shall be paid to the United States trustees, who shall deposit an amount equal to such fines in the United States Trustee Fund. ``(2) Civil penalties imposed under this section in judicial districts served by bankruptcy administrators shall be deposited as offsetting receipts to the fund established under section 1931 of title 28, and shall remain available until expended to reimburse any appropriation for the amount paid out of such appropriation for expenses of the operation and maintenance of the courts of the United States.''. SEC. 3. DUTY OF THE UNITED STATES TRUSTEE TO ADDRESS CLAIMS. Section 586(a) of title 28, United States Code, is amended-- (1) in paragraph (7)(C), by striking ``and'' at the end; (2) in paragraph (8), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(9) when the United States trustee deems it appropriate-- ``(A) monitor and investigate the conduct of other parties in interest with respect to claims; and ``(B) take action that the United States trustee deems necessary to prevent or remedy any negligent, reckless, or fraudulent assertion of a claim, as defined in section 113(a) of title 11, by exercising any of the United States trustee's powers and authorities under this title and under title 11 respecting claims, including-- ``(i) filing, pursuing, or commenting upon any action brought under section 113 of title 11; and ``(ii) filing, pursuing, or commenting upon any civil action, or upon any civil proceeding arising under title 11, or arising in or related to a case under title 11.''. SEC. 4. PROCEDURES FOR THE AUDITING OF PROOFS OF CLAIM. (a) Title 28.--Section 586 of title 28, United States Code, is amended by adding at the end the following: ``(g)(1) Claims Audit Procedures.-- ``(A) The Director of the Executive Office for United States Trustees shall establish audit procedures to determine the accuracy, veracity, and completeness of proofs of claim filed under section 501(a) of title 11, with respect to cases filed under chapter 7 or 13 of title 11, in which the debtor is an individual. ``(B) The procedures established pursuant to subparagraph (A) shall-- ``(i) establish a method of selecting appropriate qualified persons to contract to perform audits; ``(ii) establish a method of selecting proofs of claim to be audited, except that the number of audits to be performed shall be within the sole discretion of the Director of the Executive Office for United States Trustees; and ``(iii) establish procedures for providing, not less frequently than annually, public information concerning the aggregate results of such audits, including the percentage of cases, by district, in which inaccurate, untrue, or incomplete proofs of claim were filed. ``(2) The United States trustee for each district is authorized to contract with auditors to perform audits of proofs of claim designated by the United States trustee, in accordance with the procedures established under paragraph (1). An audit may, in the discretion of the United States trustee, encompass multiple proofs of claim filed by the same entity in one case or multiple cases, whether in the same district or multiple districts. The United States trustees from multiple regions may contract with a single auditor to audit proofs of claim filed by the same entity in districts within their regions. ``(3)(A) The report of each audit performed pursuant to paragraph (2) shall be filed with the court where the case is pending and transmitted to the United States trustee and to any trustee serving in the case. Each such report shall clearly and conspicuously specify any findings that the claim asserted in the proof of claim is-- ``(i) not valid; ``(ii) not owed in the amount claimed; or ``(iii) not supported by adequate documentation. ``(B) If a claims audit report identifies deficiencies in the proof of claim as described in paragraph (2)(A), the United States trustee shall-- ``(i) if appropriate, report the deficient filing to the United States Attorney pursuant to section 3057 of title 18; and ``(ii) if advisable, take appropriate action, including objecting to the proof of claim under section 502(b) of title 11, or commencing an action under section 113(b) of title 11, against entities responsible for the deficiencies.''. (b) Title 11.--Section 502(b) of title 11, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(10) the court finds the entity filing a proof of claim that was selected for audit under section 586(g) of title 28 failed to make available to the auditor for inspection necessary accounts, papers, documents, financial records, files, or other papers, that were requested by the auditor.''. SEC. 5. TREATMENT OF SERVICEMEMBERS IN FORECLOSURE. Section 362(d) of title 11, United States Code, is amended by adding at the end of the undesignated matter following paragraph (4) the following: ``In any case under this title involving a servicemember, as defined in section 101 of the Servicemembers Civil Relief Act, to whom section 303 of that Act applies, no action may be taken under this subsection unless the party in interest certifies, under penalty of perjury, that the requirements of section 303 of the Servicemembers Civil Relief Act have been met.''. SEC. 6. EFFECTIVE DATES. (a) Remedies; Duty To Address Claims.--The provisions of section 113 and section 362(d) of title 11, United States Code, and paragraph (9) of section 586(a) of title 28, United States Code, added by this Act, shall become effective with respect to all cases filed or pending under title 11, United States Code, on or after the date of enactment of this Act. (b) Auditing of Proofs of Claim.--Section 586(g) of title 28, United States Code, as added by this Act, shall become effective 18 months after the date of enactment of this Act for all cases filed or pending on or after that date of enactment, except that the Director of the Executive Office for United States Trustees may, in the sole discretion of the Director, establish an earlier effective date by publishing notice in the Federal Register at least 2 weeks before the proposed effective date.", "summary": "Fighting Fraud in Bankruptcy Act of 2011 - Amends federal bankruptcy law to prescribe remedies, including civil penalties, for a negligent, reckless, or fraudulent assertion of claim in a bankruptcy proceeding under either chapter 7 (liquidation) or chapter 13 (adjustment of debts of an individual with regular income). Prohibits the court, in any case involving a service member, from granting relief from an automatic stay upon request of a party in interest unless such party certifies under penalty of perjury that the requirements of the Servicemembers Civil Relief Act pertaining to mortgages used as security on real or personal property have been met. Amends the federal judicial code to confer upon the U.S. trustee the duty to exercise the trustee's powers and authorities to prevent or remedy any negligent, reckless, or fraudulent assertion of a claim. Requires the Director of the Executive Office for U.S. Trustees to establish specified audit procedures to determine the accuracy, veracity, and completeness of proofs of claim filed under federal bankruptcy laws."}
{"article": "SECTION 1. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 714. Recoupment of bonuses or awards paid to employees of Department ``(a) Recoupment.--Notwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, of any award or bonus paid to the employee under title 5, including under chapters 45 or 53 of such title, or this title if-- ``(1) the Secretary determines such repayment appropriate pursuant to regulations prescribed by the Secretary to carry out this section; and ``(2) the employee is afforded notice and an opportunity for a hearing conducted by the Secretary. ``(b) Review.--The decision of the Secretary regarding a repayment by an employee pursuant to subsection (a) is final and may not be reviewed by any other agency or any court.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``714. Recoupment of bonuses or awards paid to employees of Department.''. (c) Effective Date.--Section 714 of title 38, United States Code, as added by subsection (a), shall apply with respect to an award or bonus paid by the Secretary of Veterans Affairs to an employee of the Department of Veterans Affairs before, on, or after the date of the enactment of this Act. (d) Construction.--Nothing in this Act or the amendments made by this Act may be construed to modify the certification issued by the Office of Personnel Management and the Office of Management and Budget regarding the performance appraisal system of the Senior Executive Service of the Department of Veterans Affairs. SEC. 2. LIMITATIONS ON SUBCONTRACTS UNDER CONTRACTS WITH SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS. (a) In General.--Section 8127 of title 38, United States Code, is amended-- (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following new subsection (l): ``(l) Limitations on Subcontracting.--(1)(A) The requirements applicable to a covered small business concern under section 46 of the Small Business Act (15 U.S.C. 657s) shall apply with respect to a small business concern owned and controlled by a veteran with a service- connected disability or a small business concern owned and controlled by a veteran that is awarded a contract that is counted for purposes of meeting the goals under subsection (a). ``(B) For purposes of applying the requirements of section 46 of the Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A), the term `similarly situated entity' used in such section 46 includes a subcontractor for a small business concern owned and controlled by a veteran with a service-connected disability or a small business concern owned and controlled by a veteran described in such subparagraph (A). ``(2) Before awarding a contract that is counted for purposes of meeting the goals under subsection (a), the Secretary shall obtain from an offeror a certification that the offeror will comply with the requirements described in paragraph (1)(A) if awarded the contract. Such certification shall-- ``(A) specify the exact performance requirements applicable under such paragraph; and ``(B) explicitly acknowledge that the certification is subject to section 1001 of title 18. ``(3) If the Secretary determines that a small business concern that is awarded a contract that is counted for purposes of meeting the goals under subsection (a) did not act in good faith with respect to the requirements described in paragraph (1)(A), the small business concern shall be subject to the penalties specified in-- ``(A) section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and ``(B) section 1001 of title 18. ``(4)(A) The Director of Small and Disadvantaged Business Utilization for the Department, established pursuant to section 15(k) of the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition Officer of the Department, established pursuant to section 1702 of title 41, shall jointly implement a process using the systems described in section 16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), or any other systems available, to monitor compliance with this subsection. The Director and the Chief Acquisition Officer shall jointly refer any violations of this subsection to the Inspector General of the Department. ``(B) Not later than November 30 of each year, the Inspector General shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report for the fiscal year preceding the fiscal year during which the report is submitted that includes, for the fiscal year covered by the report-- ``(i) the number of referred violations received under subparagraph (A); and ``(ii) the disposition of such referred violations, including the number of small business concerns suspended or debarred from Federal contracting or referred to the Attorney General for prosecution.''. (b) Effective Date.--Subsection (l) of section 8127 of title 38, United States Code, as added by subsection (a) shall apply with respect to a contract entered into after the date of the enactment of this Act. SEC. 3. REVIEW OF LISTS OF FORMER PRISONERS OF WAR. (a) Review of Lists of Prisoners of War.--The Secretary of Veterans Affairs shall review the VA POW list and the DOD POW list to identify any discrepancies in such lists. (b) Inspector General Review of Process.--The Inspector General of the Department of Veterans Affairs shall review the process by which the Secretary determines that a veteran is a former prisoner of war, including whether the Secretary is following guidelines established by the Secretary to determine that a veteran is a former prisoner of war. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the VA POW list, including the following: (1) Any discrepancies, by period of conflict, in the number of prisoners of war included on the VA POW list and the DOD POW list. (2) With respect to veterans included on the VA POW list who are not included on the DOD POW list, information regarding how such determinations were made, including what types of evidence were used, in a manner that does not personally identify such veterans. (3) The results of the review of the Inspector General under subsection (b), without change. (d) Definitions.--In this section: (1) The term ``DOD POW list'' means the list maintained by the Secretary of Defense, acting through the Defense Prisoner of War/Missing Personnel Office, of members of the Armed Forces who were prisoners of war. (2) The term ``VA POW list'' means the list maintained by the Secretary of Veterans Affairs of veterans whom the Secretary determines are former prisoners of war. SEC. 4. LIMITATION ON EXPANSION OF DIALYSIS PILOT PROGRAM. (a) Limitation.--The Secretary of Veterans Affairs shall not expand the dialysis pilot program or create any new dialysis capability provided by the Department of Veterans Affairs in any facility that is not an initial facility until after the date that-- (1) the Secretary has implemented the dialysis pilot program at each initial facility for a period of not less than two years; (2) an independent analysis of the dialysis pilot program has been conducted at each initial facility; and (3) the report required by subsection (b) has been submitted. (b) Report.--Not later than 60 days after the date of the completion of the independent analysis required by subsection (a)(2), the Secretary shall submit to Congress a report that-- (1) includes the results of that independent analysis, including a comparison of not only cost but non-cost factors such as access to care, quality of care, and Veteran satisfaction; and (2) addresses any recommendations with respect to the dialysis pilot program provided in a report prepared by the Government Accountability Office. (c) Use of Existing Dialysis Resources.--In order to increase the access of veterans to dialysis care and decrease the amount of time such veterans are required to travel to receive such care, the Secretary shall fully use the dialysis resources of the Department that exist as of the date of the enactment of this Act, including any community dialysis provider with which the Secretary has entered into a contract or agreement for the provision of such care. (d) Definitions.--In this section: (1) The term ``dialysis pilot program'' means the pilot demonstration program established by the Secretary in 2009 to provide dialysis care to patients at certain outpatient facilities operated by the Department of Veterans Affairs. (2) The term ``initial facility'' means one of the four outpatient facilities identified by the Secretary to participate in the dialysis pilot program prior to the date of the enactment of this Act. Amend the title so as to read: ``A bill to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to recoup certain bonuses or awards paid to employees of the Department of Veterans Affairs, and for other purposes.''.", "summary": "(Sec. 1) Authorizes the Secretary of Veterans Affairs (VA) to issue an order directing a VA employee to repay the amount, or a portion of the amount, of an award or bonus paid to the employee if: (1) the Secretary determines that such repayment is appropriate, and (2) the employee is afforded notice and an opportunity for a hearing. Makes the Secretary's repayment decisions final and unreviewable by any other agency or any court. (Sec. 2) Extends subcontracting limitations that apply to certain small businesses awarded contracts under various Small Business Administration (SBA) programs to small business concerns owned and controlled by veterans with or without service-connected disabilities who are awarded VA contracts. Requires, for purposes of applying such subcontracting limitations to veterans with small businesses awarded such VA contracts, that: (1) small businesses owned and controlled by veterans be treated in the same manner as small businesses owned and controlled by veterans with service-connected disabilities, and (2) "similarly situated entities" include subcontractors for small businesses owned and controlled by a veteran with or without a service-connected disability (contract amounts expended by small businesses on subcontractors that are similarly situated entities are not considered toward subcontracting limits). Directs the Secretary, before awarding such a contract, to obtain a certification from the offeror: (1) specifying and promising to comply with the subcontracting performance requirements applicable to such offeror, and (2) acknowledging that the certification is subject to criminal laws concerning false or fraudulent statements or representations. Subjects small businesses to fines, imprisonment, or both for not acting in good faith. Requires the VA's Director of the Office of Small and Disadvantaged Business Utilization and the VA's Chief Acquisition Officer to: (1) establish a process to monitor the subcontracting requirement compliance of veterans' small businesses that are awarded VA contracts, and (2) refer violations to the VA's Inspector General. Directs the Inspector General to submit annual reports to Congress regarding such violations. (Sec. 3) Requires: (1) the Secretary to review the prisoner of war (POW) lists of the VA and the Department of Defense to identify any discrepancies; and (2) the VA's Inspector General to review the process by which the Secretary determines that a veteran is a former prisoner of war. Requires the Secretary to report to Congress on the VA's POW list, including information on: (1) such discrepancies, and (2) the results of the Inspector General's review. (Sec. 4) Prohibits the Secretary from expanding the dialysis pilot program (established by the Secretary in 2009 to provide dialysis care to patients at certain VA outpatient facilities) or creating any new VA dialysis capability in any facility other than an initial facility (one of four outpatient facilities the Secretary identified to participate in the program) until after: the Secretary has implemented the pilot program at each initial facility for at least two years, an independent analysis of the program has been conducted at each initial facility, and the Secretary has submitted a report on such analysis to Congress. Requires the Secretary, in order to increase veterans' access to dialysis care and decrease the travel time required to receive such care, to fully use existing VA dialysis resources, including any community dialysis provider with which the Secretary has entered into a contract or agreement to provide such care."}
{"article": "SECTION 1. SHORT TITLE AND REFERENCES. (a) Short Title.--That this Act may be cited as the ``Community Services Block Grant Amendments of 1994''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). SEC. 2. ESTABLISHMENT OF COMMUNITY INITIATIVE PROGRAM. (a) Community Initiative Program.--Section 681 (42 U.S.C. 9910) is amended to read as follows: ``community initiative program ``Sec. 681. (a) Grants.-- ``(1) Authority.-- ``(A) In general.--The Secretary is authorized to make grants to local, private, nonprofit community development corporations, or to enter into contracts or cooperative agreements with such community development corporations, to plan for and carry out economic development activities in economically distressed communities. ``(B) Economic development activities.--Economic development activities under this section shall be designed to address the economic needs of low-income individuals and families by creating employment and business development opportunities and by providing support services that are designed to enhance the ability of low-income individuals and families to successfully avail themselves of such opportunities. In addition to any other activities consistent with the purposes of this section, such activities may include the development of facilities through means such as the establishment of partnerships with Head Start agencies, agencies or organizations providing child care or otherwise engaged in the field of child care or child development, and agencies or organizations serving children, youth and families. ``(2) Consultation.--The Secretary shall exercise the authority provided under paragraph (1) in consultation with other relevant Federal officials. ``(b) Governing Boards.--Each community development corporation receiving funds under this section shall be governed by a board that shall consist of residents of the community and business and civic leaders. ``(c) Annual Statement.--The Secretary shall annually publish a statement of the types of projects or activities for which funding under this section will be a priority, such as projects or activities designed to strengthen or enhance activities funded by other Federal programs. ``(d) Geographic Distribution.--In providing assistance or entering into other arrangements under this section, the Secretary shall take into consideration the geographic distribution of funds among States and the relative proportion of funding among rural and urban areas. ``(e) Reservation.--Of the amounts made available to carry out this section, the Secretary may reserve not to exceed 1 percent for each fiscal year to make grants to private nonprofit organizations or to enter into contracts with private nonprofit or for profit organizations to provide technical assistance to aid community development corporations in developing or implementing projects funded under this section and to evaluate projects funded under this section.''. (b) Repeal.--Section 505 of the Family Support Act of 1988 (42 U.S.C. 1315 note) is repealed. (c) Conforming Amendments.-- (1) State allocations.--Section 674(a) (42 U.S.C. 9903(a)) is amended-- (A) in paragraph (1), by striking ``which remains after'' and all that follows through ``allot to each State;'' and inserting ``which remains after the Secretary makes the apportionment required in subsection (b)(1), allot to each State''; and (B) in paragraph (2)(A), by striking ``which remains after'' and all that follows through ``exceeds'' and inserting ``which remains after the Secretary makes the apportionment required in subsection (b)(1), exceeds''. (2) Annual report.--Section 682(c) (42 U.S.C. 9911(c)) is amended by striking ``section 681(d)'' and inserting ``section 672(b)''. (3) Limitation.--Section 680(a) (42 U.S.C. 9909(a)) is amended by striking ``section 681(c)'' and inserting ``section 681''. SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. (a) Authorization of Appropriations.--Subsection (b) of section 672 (42 U.S.C. 9901(b)) is amended to read as follows: ``(b) There are authorized to be appropriated $434,622,000 for fiscal year 1995, and such sums as may be necessary for each of fiscal years 1996 through 1998, to carry out the provisions of this subtitle.''. (b) Repeals.-- (1) Community food and nutrition.--Section 681A (42 U.S.C. 9910a) is repealed. (2) Demonstration partnership agreements.--Section 408 of the Human Services Reauthorization Act of 1986 (42 U.S.C. 9910b) is repealed. SEC. 4. ALLOTMENTS. (a) Section Heading.--Section 674 (42 U.S.C. 9903) is amended in the section heading to read as follows: ``allotments''. (b) Set-Asides.--Section 674 (42 U.S.C. 9903) is amended-- (1) by redesignating subsections (a), (b), and (c) as subsections (e), (f), and (g), respectively; and (2) by inserting before subsection (e) (as so redesignated), the following new subsections: ``(a) With respect to amounts appropriated under section 672(b), the Secretary shall make allotments in accordance with subsections (b) through (g). ``(b) Of the amounts appropriated pursuant to section 672(b) for fiscal year 1995 and each of the following 4 fiscal years, the Secretary shall reserve $35,000,000 for each such fiscal year for carrying out section 681. ``(c) Of the amounts appropriated pursuant to section 672(b), the Secretary may reserve not to exceed one-half of 1 percent of the amount remaining after the application of subsection (b) for each of the fiscal years 1995 and 1996, and up to 1 percent of such amount for fiscal year 1997 and each fiscal year thereafter, for training, technical assistance, planning, and evaluation activities related to programs or projects carried out under this Act. Such activities may be carried out by the Secretary directly or through grants, contracts, or cooperative agreements. ``(d) Of the amounts appropriated pursuant to section 672(b), the Secretary may reserve not to exceed 2\\1/2\\ percent of the amount remaining after the application of subsection (b) for fiscal year 1995, up to 4 percent of such amount for fiscal year 1996, up to 5 percent of such amount for fiscal year 1997, and up to 6 percent of such amount for fiscal year 1998, for grants, contracts, or cooperative agreements to address needs or problems of the poor which are identified by the Secretary as priorities in the effort to alleviate the causes of poverty.''. SEC. 5. APPLICATIONS AND REQUIREMENTS. (a) Assured Activities.--Section 675(c)(1)(B) (42 U.S.C. 9904(c)(1)(B)) is amended by inserting ``the homeless, migrants, and'' before ``the elderly poor''. (b) State Responsibilities.--Section 675(c)(2)(B) (42 U.S.C. 9904(c)(2)(B)) is amended to read as follows: ``(B) if less than 100 percent of the allotment is expended under subparagraph (A), provide assurances that with respect to the remainder of the allotment a reasonable amount shall be used for-- ``(i) monitoring the activities of eligible entities and providing training and technical assistance to those entities in need of such assistance; ``(ii) coordinating State-operated programs and services targeted to low-income children and families with services provided by eligible entities funded under this Act; and ``(iii) considering the distribution of funds under this Act within the State to determine if such funds have been targeted to the areas of highest need and, thereafter, not more than the greater of $55,000 or 5 percent of its allotment under section 674 for administrative expenses at the State level;''. (c) Tripartite Board.--Section 675(c)(3) (42 U.S.C. 9904(c)(3)) is amended-- (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (2) by striking the comma after ``provide assurances that'' and inserting ``(A)''; and (3) by inserting before the semicolon at the end thereof ``, and (B) in the case of a public organization receiving funds under this subtitle, such organization either establish-- ``(i) a board of which at least one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served; or ``(ii) another mechanism specified by the State to assure citizen participation in the planning, administration, and evaluation of projects for which such organization has been funded;''. (d) Community Action Agency Plan.--Section 675(c) (42 U.S.C. 9904(c)) is amended-- (1) in paragraph (11)(B) by striking ``and'' at the end thereof; (2) in paragraph (12) by striking the period and inserting ``; and''; and (3) by inserting after paragraph (12) the following new paragraph: ``(13) secure from each eligible entity as a condition to its receipt of funding under this Act a community action plan (which shall be available to the Secretary for inspection) that includes-- ``(A) a community needs assessment (including food needs); ``(B) a description of the service delivery system targeted to low-income individuals and families in the service area; ``(C) a description of how linkages will be developed to fill identified gaps in services through information, referral, case management, and followup consultations; ``(D) a description of how funding under this Act will be coordinated with other public and private resources; and ``(E) a description of outcome measures to be used to monitor success in promoting self-sufficiency, family stability, and community revitalization.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall become effective with respect to fiscal years beginning on or after October 1, 1994.", "summary": "Community Services Block Grant Amendments of 1994 - Amends the Community Services Block Grant Act to authorize a community initiative grant program to carry out economic development activities in economically distressed communities. Extends the authorization of appropriations for the community services block grant program. Obligates funds for the community initiatives program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Political Broadcasting Access Act of 1993''. SEC. 2. ALLOCATION TO POLITICAL PARTIES OF FREE BROADCAST TIME FOR POLITICAL ADVERTISING. (a) Condition of License Renewal.--Section 309(h) of the Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting before the period at the end thereof the following: ``; and (4) every broadcast station license issued under this Act shall be subject to the free broadcast time obligations imposed by section 315(c)''. (b) Free-Time Obligations.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c)(1) Each license for a broadcasting station shall annually make available free broadcast time for political advertising in accordance with the requirements of this subsection. The Commission shall not renew the license of any licensee who substantially fails or refuses to comply with the requirements of this subsection, but such licensee shall not be subject to any other sanction or remedy for such failure or refusal. ``(2) A licensee subject to this subsection shall allot free broadcast time to each qualified political party in accordance with the following standards: ``(A) Such licensee shall allot an equal amount, but not less than 2 hours, of free broadcast time annually to-- ``(i) the national organization of each qualified political party; and ``(ii) the State organization of each qualified political party of the State within which the preponderance of the station's audience resides. ``(B) The 2 or more hours of free broadcast time allotted to any organization under subparagraph (A) shall be composed of units of varying lengths of not more than 5 minutes nor less than 10 seconds, as determined by negotiation between such organization and the licensee. ``(C) The broadcast time allotted by any licensee shall be allotted so that-- ``(i) at least one-half is broadcast during the hours of 7 to 10 p.m. on weekdays; ``(ii) during any even numbered year, at least two- thirds is broadcast during the two months immediately preceding election day and at least one-half is broadcast during the three weeks immediately preceding election day; ``(iii) each national organization of a qualified political party is allotted free broadcast time that is comparable, by time of day and day of week, to the time allotted to other such national organizations, and each State organization of a qualified political party is allotted free broadcast time that is comparable, by time of day and day of week, to the time allotted to other such State organizations. ``(3) A political party shall be treated as a qualified political party for purposes of paragraph (2)(A) if the candidate for President of such party in the most recent presidential election received more than 5 percent of the total number of votes cast by individuals for that office, except that, in the case of any political party whose candidate (as described in subparagraph (A) or (B)) received less than 33\\1/3\\ percent of such total votes, the amount of free broadcast time required to be allotted under clause (i) or (ii) of paragraph (2)(A) shall be reduced by 0.4 hours for each percent of such vote received that is less than 33\\1/3\\ percent. ``(4) A licensee allots free broadcast time as required by this subsection by broadcasting the statements, presentations, announcements, or other sounds or visual images requested to be broadcast by a political organization without remuneration or compensation in any form, whether by public or private funds, tax deduction or credit, or otherwise. ``(5) Nothing in this subsection, and no use of free broadcast time allotted under this subsection, shall be construed to restrict or otherwise affect the purchase of advertising time under subsection (b) of this section.''. SEC. 3. FREE CABLE TIME. Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) A cable operator shall annually make available free cable time for political advertising in accordance with the requirements of regulations prescribed by the Commission. Such regulations shall, to the extent practicable, require each such cable operator to provide such free cable time in the same amounts and manner, to the same eligible political organizations, and subject to the same conditions as free broadcast time is required to be provided by broadcast station licensees under section 315(c) of this Act. No franchise authority shall renew the franchise of any cable operator that fails to comply with such regulations, but such operator shall not be subject to any other sanction or remedy for such failure or refusal.''.", "summary": "Political Broadcasting Access Act of 1993 - Amends the Communications Act of 1934 to require each licensee for a broadcasting station to make available annually free broadcast time for political advertising. Provides standards for time allotment, including total time to be allotted, the length of each unit of such free time, and the hours of the day and the time of the year in which such free time must be allowed. Requires national political parties meeting certain minimum qualifying standards to be treated equally for purposes of such allotment. Provides that nothing in this Act shall restrict a candidate's or party's right to purchase other broadcast time on such station. Requires a cable operator to make available annually free cable time for political advertising under similar requirements. Prohibits the renewal of a franchise of any cable operator that fails to comply with such requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Employment and Training Through Education Act of 2013''. SEC. 2. PILOT PROJECTS TO REDUCE DEPENDENCY AND INCREASE WORK EFFORT IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended by adding at the end the following: ``(l) Pilot Projects To Reduce Dependency and Increase Work Effort in the Supplemental Nutrition Assistance Program.-- ``(1) In general.--The Secretary shall carry out, under such terms and conditions as the Secretary considers to be appropriate, pilot projects to identify best practices for employment and training programs under this Act to raise the number of work registrants who obtain unsubsidized employment, increase their earned income, and reduce their reliance on public assistance, including but not limited to the supplemental nutrition assistance program. ``(2) Selection criteria.--Pilot projects shall be selected based on criteria the Secretary establishes, that shall include-- ``(A) enhancing existing employment and training programs in the State; ``(B) agreeing to participate in the evaluation described in paragraph (3), including making available data on participants' employment activities and post- participation employment, earnings, and public benefit receipt; ``(C) collaborating with the State workforce board and other job training programs in the State and local area; ``(D) the extent to which the pilot project's components can be easily replicated by other States or political subdivisions; and ``(E) such additional criteria that ensure that the pilot projects-- ``(i) target a variety of populations of work registrants, including childless adults, parents, and individuals with low skills or limited work experience; ``(ii) are selected from a range of existing employment and training programs including programs that provide-- ``(I) section 20 workfare; ``(II) skills development for work registrants with limited employment history; ``(III) post-employment support services necessary for maintaining employment; and ``(IV) education leading to a recognized postsecondary credential, registered apprenticeship, or secondary school diploma or its equivalent; ``(iii) are located in a range of geographic areas, including rural, urban, and Indian reservations; and ``(iv) include participants who are exempt and not exempt under section (6)(d)(2). ``(3) Evaluation.--The Secretary shall provide for an independent evaluation of projects selected under this subsection to measure the impact of the pilot projects on the ability of each pilot project target population to find and retain employment that leads to increased household income and reduced dependency, compared to what would have occurred in the absence of the pilot project. ``(4) Report to congress.--By September 30, 2017, the Secretary shall submit, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that includes a description of-- ``(A) the results of each pilot project, including an evaluation of the impact of the project on the employment, income, and public benefit receipt of the targeted population of work registrants; ``(B) the Federal, State, and other costs of each pilot project; ``(C) the planned dissemination of the reports' findings with State agencies; and ``(D) the steps and funding necessary to incorporate components of pilot projects that demonstrate increased employment and earnings into State employment and training programs. ``(5) Funding.--From amounts made available under section 18(a)(1), the Secretary shall make $10,000,000 available for each of the fiscal years 2014, 2015, and 2016 to carry out this subsection. Such amounts shall remain available until expended. ``(6) Use of funds.-- ``(A) Funds provided under this subsection for pilot projects shall be used only for-- ``(i) pilot projects that comply with the provisions of this Act; ``(ii) the costs and administration of the pilot projects; ``(iii) the costs incurred in providing information and data to the independent evaluation under paragraph (3); and ``(iv) the costs of the evaluation under paragraph (3). ``(B) Funds made available under this subsection may not be used to supplant non-Federal funds used for existing employment and training activities.''.", "summary": "Enhancing Employment and Training Through Education Act of 2013 - Amends the Food and Nutrition Act of 2008 to direct the Secretary of Agriculture (USDA) to carry out pilot projects to identify best practices for employment and training programs to increase the number of work registrants who obtain unsubsidized employment, increase their earned income, and reduce their reliance on public assistance, including but not limited to the supplemental nutrition assistance program (SNAP, formerly known as the food stamp program). Sets forth selection criteria."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drive Away From Ethanol Welfare Act of 1996''. SEC. 2. REDUCTION OF INCENTIVES FOR ALCOHOL FUELS. (a) Denial of Credit for Alcohol Used To Produce Ether.--Subsection (b) of section 40 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Denial of credit for alcohol used to produce ether.-- No credit shall be allowed under this section for alcohol used to produce any ether.'' (b) Limitation on Alcohol Eligible for Credit for Alcohol Used as Fuel-- (1) In general.--Subparagraph (A) of section 40(d)(1) of such Code (defining alcohol) is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) alcohol produced by a still (or other distilling apparatus) placed in service after December 31, 1996.'' (2) Future credit limited to average historical production.--Section 40 of such Code is amended by adding at the end the following new subsection: ``(i) Expanded Production Ineligible for Credit.-- ``(1) In general.--Subsection (a) shall apply to alcohol produced after December 31, 1996, only if the alcohol is designated under this subsection by a producer who is registered under section 4101. ``(2) Designation based on historical production.--The amount of alcohol produced by a producer during any calendar year which may be designated under this subsection by any producer other than an eligible small ethanol producer is the amount equal to the average annual amount of alcohol (as defined in subsection (d)(1)(A) without regard to clause (iii))-- ``(A) which was produced by such producer (other than casual off-farm production) during the 3-year period ending on June 30, 1996, and ``(B) which was sold or used by such producer for any purpose described in clause (i) of subsection (b)(4)(B). For purposes of the preceding sentence, a rule similar to the rule of subsection (b)(4)(D) shall apply. ``(3) Production for less than entire base period.-- ``(A) In general.--If alcohol is produced by a producer for less than the entire 3-year period referred to in paragraph (2)(A), the average referred to in paragraph (2) shall be treated as being equal to 50 percent of the annual productive capacity of such producer as of December 31, 1996. ``(B) Producer may establish higher average production.--In the case of a producer who produced alcohol during at least the last 3 months of such 3- year period, subparagraph (A) shall be applied by substituting for `50 percent' the percentage established by such producer to the satisfaction of the Secretary as the percentage which such producer's normal alcohol production is of its productive capacity. ``(4) Acquisitions and dispositions.--Rules similar to the rules of subparagraphs (A) and (B) of section 41(f)(3) shall apply for purposes of this subsection.'' (3) Conforming amendment.--Paragraph (1) of section 40(g) of such Code is amended by striking ``clauses (i) and (ii)'' and inserting ``clauses (i), (ii), and (iii)''. (c) Reduction of Credit For Ethanol By Reason of Carbon Dioxide Byproduct Benefit.--Subsection (h) of section 40 of such Code is amended-- (1) by striking ``54 cents'' each place it appears and inserting ``51 cents'', and (2) by striking ``40 cents'' each place it appears and inserting ``38.25 cents''. (d) Conforming Reductions of Other Incentives for Ethanol Fuel.-- (1) Repeal of reduced rate on ethanol fuel produced other than from petroleum or natural gas.--Subsection (b) of section 4041 of such Code is amended to read as follows: ``(b) Exemption for Off-Highway Business Use.-- ``(1) In general.--No tax shall be imposed by subsection (a) or (d)(1) on liquids sold for use or used in an off-highway business use. ``(2) Tax where other use.--If a liquid on which no tax was imposed by reason of paragraph (1) is used otherwise than in an off-highway business use, a tax shall be imposed by paragraph (1)(B), (2)(B), or (3)(A)(ii) of subsection (a) (whichever is appropriate) and by the corresponding provision of subsection (d)(1) (if any). ``(3) Off-highway business use defined.--For purposes of this subsection, the term `off-highway business use' has the meaning given to such term by section 6421(e)(2); except that such term shall not, for purposes of subsection (a)(1), include use in a diesel-powered train.'' (2) Repeal of reduced rate on ethanol fuel produced from natural gas.--Subsection (m) of section 4041 of such Code is amended-- (A) by striking ``or ethanol'' each place it appears (including the heading of paragraph (2)), and (B) by striking ``, ethanol, or other alcohol'' in paragraph (2) and inserting ``or other alcohol (other than ethanol)''. (e) Conforming Amendments To Excise Taxes; Fuel Alcohol Taxed in Same Manner as Other Motor Fuels.-- (1) In general.--Paragraph (1) of section 4083(a) of such Code (defining taxable fuel) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following: ``(C) fuel alcohol.'' (2) Fuel alcohol.--Subsection (a) of section 4083 of such Code is amended by adding at the end the following new paragraph: ``(4) Fuel alcohol.--The term `fuel alcohol' means any alcohol (including ethanol and methanol)-- ``(A) which is produced other than from petroleum, natural gas, or coal (including peat), and ``(B) which is withdrawn from the distillery where produced free of tax under chapter 51 by reason of section 5181 or so much of section 5214(a)(1) as relates to fuel use. Such term shall not include alcohol designated under section 40(i).'' (3) Rate of tax.--Clause (i) of section 4081(a)(2)(A) of such Code is amended by inserting ``or fuel alcohol'' after ``gasoline''. (4) Special rules for imposition of tax.-- (A) Paragraph (1) of section 4081(a) of such Code is amended by adding at the end the following new subparagraph: ``(C) Special rules for fuel alcohol.--In the case of fuel alcohol-- ``(i) the distillery where produced shall be treated as a refinery, and ``(ii) subparagraph (B) shall be applied by including transfers by truck or rail in excess of such minimum quantities as the Secretary shall prescribe.'' (B) Paragraph (1) of section 4081(b) of such Code is amended by inserting ``(other than fuel alcohol designated under section 40(i))'' after ``taxable fuel''. (5) Repeal of reduced rates on alcohol fuels.-- (A) Section 4041 of such Code is amended by striking subsection (k). (B) Section 4081 of such Code is amended by striking subsection (c). (C) Section 4091 of such Code is amended by striking subsection (c). (6) Conforming amendments.-- (A) Subsection (c) of section 40 of such Code is amended by striking all that follows ``application of'' and inserting ``the last sentence of section 4083(a)(4)''. (B) Paragraph (4) of section 40(d) of such Code is amended to read as follows: ``(4) Volume of alcohol.--For purposes of determining under subsection (a) the number of gallons of alcohol with respect to which a credit is allowable under subsection (a), the volume of alcohol shall include the volume of any denaturant (including gasoline) which is added under any formulas approved by the Secretary to the extent that such denaturants do not exceed 5 percent of the volume of such alcohol (including denaturants).'' (C) Paragraph (2) of section 4041(a) of such Code is amended by adding at the end the following: ``No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081 and the tax thereon was not credited or refunded.'' (D) Section 6427 of such Code is amended by striking subsection (f). (E) Subsection (i) of section 6427 of such Code is amended by striking paragraph (3). (F) Paragraph (2) of section 6427(k) of such Code is amended by striking ``(3)''. (G)(i) Paragraph (1) of section 6427(l) of such Code is amended by striking ``or'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) any fuel alcohol (as defined in section 4083) on which tax has been imposed by section 4081, or''. (ii) Paragraph (2) of section 6427(l) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of fuel alcohol (as so defined), any use which is exempt from the tax imposed by section 4041(a)(2) other than by reason of a prior imposition of tax, and''. (iii) The heading of subsection (l) of section 6427 of such Code is amended by inserting ``, Fuel Alcohol,'' after ``Diesel Fuel''. (H) Sections 9503(b)(1)(E) and 9508(b)(2) of such Code are each amended by striking ``and kerosene'' and inserting ``kerosene, and fuel alcohol''. (I) Section 9502 of such Code is amended by striking subsection (e) and by redesignating subsection (f) as subsection (e). (J) Subsection (e) of section 9502 of such Code (as redesignated by subparagraph (I)) is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (K) Subsection (b) of section 9503 of such Code is amended by striking paragraph (5). (L) Paragraph (3) of section 9503(f) of such Code is amended to read as follows: ``(3) Partially exempt methanol or ethanol fuel.--In the case of a rate of tax determined under section 4041(m), the Highway Trust Fund financing rate is the excess (if any) of the rate so determined over 4.3 cents per gallon.'' (f) Increase in Small Ethanol Producer Credit.--Subparagraph (A) of section 40(b)(4) of such Code is amended by striking ``10 cents'' and inserting ``13 cents''. (g) Effective Date.-- (1) Amendments relating to credit.--The amendments made by subsections (a), (b), (c), and (f) shall apply to alcohol produced after December 31, 1996, in taxable years ending after such date. (2) Amendments relating to excise taxes.--The amendments made by subsections (d) and (e) shall take effect on January 1, 1997. (3) Stills placed in service pursuant to binding contracts.--For purposes of subsections (d)(1)(A)(iii) and (i)(3)(A) of section 40 of the Internal Revenue Code of 1986, as amended by this section, a still (or other distilling apparatus) shall be treated as placed in service before January 1, 1997, if such still (or other apparatus)-- (A) is constructed or acquired by the taxpayer pursuant to a written contract which was binding on April 30, 1996, and at all times thereafter before such construction or acquisition, and (B) is placed in service before January 1, 1998. (h) Floor Stock Taxes.-- (1) Imposition of tax.--In the case of fuel alcohol which is held on January 1, 1997, by any person, there is hereby imposed a floor stocks tax of 18.4 cents per gallon. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding fuel alcohol on January 1, 1997, to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before June 30, 1997. (3) Definitions.--For purposes of this subsection-- (A) Fuel alcohol.--The term ``fuel alcohol'' has the meaning given such term by section 4083 of the Internal Revenue Code of 1986, as amended by this section. (B) Held by a person.--Fuel alcohol shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to fuel alcohol held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of the Internal Revenue Code of 1986 is allowable for such use. (5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on fuel alcohol held in the tank of a motor vehicle or motorboat. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on fuel alcohol held on January 1, 1997, by any person if the aggregate amount of fuel alcohol held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081.", "summary": "Drive Away from Ethanol Welfare Act of 1996 - Amends the Internal Revenue Code to repeal the credit for alcohol used to produce any ether. Limits other tax incentives to produce alcohol for use as fuel. Reduces the credit for any alcohol which is ethanol."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Dine College Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) the Treaty between the United States of America and the Navajo Tribe of Indians, done at Fort Sumner, New Mexico, June 1, 1868 (15 Stat. 667), provides for the education of the citizens of the Navajo Nation; (2) the Navajo Nation created and chartered the Navajo Community College by Resolution CN- 95-68 as a wholly owned educational entity of the Navajo Nation; (3) in 1971, Congress enacted the Navajo Community College Act (25 U.S.C. 640a et seq.); (4) the Navajo Nation officially changed the name of the Navajo Community College to ``Dine College'' by Resolution CAP- 35-97; and (5) the purpose of Dine College is to provide educational opportunities to the Navajo people and others in areas important to the economic and social development of the Navajo Nation. SEC. 3. PURPOSE. The purpose of this Act is to ensure that the Navajo Nation and Navajo people-- (1) exercise their right to self-determination, particularly in matters relating to the internal and local affairs of the Navajo Nation; (2) maintain and strengthen distinct institutions of higher education through the teaching of the Navajo language, culture, traditions, and history; and (3) improve the economic and social conditions of the Navajo Nation and Navajo people through higher education and postsecondary vocational training. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Indian Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Natural Resources, the Committee on Education and the Workforce, and the Committee on Appropriations of the House of Representatives. (2) College.--The term ``College'' means Dine College. (3) Infrastructure.-- (A) In general.--The term ``infrastructure'' means the buildings, water and sewer facilities, roads, and information technology and telecommunications infrastructure of the College. (B) Inclusions.--The term ``infrastructure'' includes classrooms and external matters such as walkways. (4) Operation and maintenance.--The term ``operation and maintenance'' means-- (A) costs and expenses associated with the customary daily operation of the College; and (B) necessary maintenance costs of the College. (5) Renovation and repair.--The term ``renovation and repair'' means modernization and improvement to the infrastructure. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. SURVEY, STUDY, AND REPORT. (a) In General.-- (1) Survey, study, and report.--Not later than January 31, 2017, in accordance with subsection (b), the Secretary shall conduct, and submit to the appropriate committees of Congress a report on the results of, a detailed survey and study of all capital projects and facility needs of the College. (2) Inclusions in report.--The report described in paragraph (1) shall include-- (A) recommendations by the Secretary; and (B) any recommendations or views submitted by the College or the Navajo Nation regarding the capital projects and facility needs of the College. (b) Inventory.-- (1) In general.--Not later than August 1, 2016, the College shall prepare and submit to the Secretary an inventory that identifies the renovations and repairs necessary to meet-- (A) health and safety standards; and (B) any other requirements the College determines necessary. (2) Use of inventory.--The Secretary shall use the inventory described in paragraph (1) as baseline data to inform the survey, study, and report under subsection (a). (c) Administrative Expenses.--The Secretary may use to carry out this section amounts made available to the Secretary in general administrative appropriations. SEC. 6. GRANTS AUTHORIZED. (a) Construction Grants.-- (1) In general.--The Secretary shall make grants to the College for construction activities, including the renovation and repair or construction of buildings, water and sewer facilities, roads, information technology and telecommunications infrastructure, classrooms, and external structures (such as walkways) identified in the survey, study, and report under section 5. (2) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out paragraph (1) $2,000,000 for each of fiscal years 2017 through 2020, to remain available until expended unless otherwise provided in an appropriations Act. (b) Operation and Maintenance Grants.-- (1) In general.--The Secretary shall make grants to the College for operation and maintenance activities, including-- (A) basic, special, developmental, vocational, technical, and special handicapped education costs; (B) annual capital expenditures, including equipment needs, minor capital improvements and remodeling projects, physical plant maintenance and operation costs, and an exceptions and supplemental needs account; (C) summer and special interest programs; (D) major capital improvements, including internal capital outlay funds and capital improvement projects; (E) mandatory payments, including payments due on bonds, loans, notes, or lease purchases; (F) supplemental student services, including student housing, food service, and the provision of access to books and services; and (G) improving and expanding the College, including by providing for the Navajo people and others in the community of the College-- (i) higher education programs; (ii) career and technical education; (iii) activities relating to the preservation and protection of the Navajo language, philosophy, and culture; (iv) employment and training opportunities; (v) economic development and community outreach; and (vi) a safe learning, working, and living environment. (2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out paragraph (1) such sums as are necessary for each of fiscal years 2017 through 2020, to remain available until expended unless otherwise provided in an appropriations Act. SEC. 7. STATUS OF FUNDS. Amounts made available to the College under this Act may be treated as non-Federal, private funds of the College for purposes of any provision of Federal law that requires that non-Federal or private funds of the College be used in a project for a specific purpose. SEC. 8. EFFECT ON OTHER LAWS. This Act supersedes-- (1) the Navajo Community College Act (25 U.S.C. 640a et seq.); (2) the Navajo Community College Assistance Act of 1978 (25 U.S.C. 640a note; Public Law 95-471); and (3) the Navajo Nation Higher Education Act of 2008 (25 U.S.C. 640a note; Public Law 110-315). SEC. 9. CONTINUING ELIGIBILITY FOR OTHER FEDERAL FUNDS. Except as explicitly provided in other Federal law, nothing in this Act precludes the eligibility of the College to receive Federal funding and resources under any program authorized under-- (1) the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); (2) the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382); or (3) any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.", "summary": ". Dine College Act of 2016 (Sec. 5) This bill requires the Department of the Interior to conduct a survey and study of all capital projects and facility needs of Dine College, a tribal community college in the Navajo Nation in Arizona. Interior must report the results and include views or recommendations submitted by the college or the Navajo Nation and Interior's recommendations. Prior to the survey and study, Dine College must identify for Interior renovations and repairs necessary to meet health and safety standards and other requirements. (Sec. 6) Interior must make grants to Dine College for activities including construction, operation and maintenance, education, summer programs, student services, and college expansion. (Sec. 7) Amounts made available to Dine College under this bill are treated as non-federal, private funds for the purposes of any federal law that requires the use of non-federal or private funds."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Access to Care Accountability Act''. SEC. 2. AUDITS BY THE COMPTROLLER GENERAL OF THE UNITED STATES. The Comptroller General of the United States shall conduct random, periodic audits of medical facilities of the Department of Veterans Affairs, and the Veterans Integrated Service Networks, to assess whether such facilities and Networks are complying with all standards imposed by law or by the Secretary of Veterans Affairs with respect to the timely access of veterans to hospital care, medical services, and other health care from the Department. SEC. 3. IMPROVEMENT OF WAIT TIMES FOR APPOINTMENTS FOR HOSPITAL CARE, MEDICAL SERVICES, AND OTHER HEALTH CARE FROM THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall, upon receipt of a report described in subsection (b) that finds that an eligible veteran has been subjected to a wait time of more than 30 days for an appointment for hospital care, medical services, or other health care from the Department of Veterans Affairs-- (1) not later than 48 hours after the receipt of such report, notify such eligible veteran of the status of the appointment of such eligible veteran for such care or services; and (2) make every effort possible to schedule an appointment for such eligible veteran for such care or services at a medical facility of the Department or through a non-Department health care provider on a date that is not later than seven days after the receipt of such report. (b) Report Described.--A report described in this subsection is any report as follows: (1) Any report of the Inspector General of the Department of Veterans Affairs with respect to the provision by the Department of hospital care, medical services, or other health care to veterans. (2) Any report of the Comptroller General of the United States with respect to the provision by the Department of such care or services. (3) Any report of the Department or another organization with respect to the provision by the Department of such care or services within a Veterans Integrated Service Network or medical facility of the Department. (4) Any other report of the Department with respect to the provision by the Department of such care or services. (c) Privacy.--Nothing in this section shall be construed to alter privacy rules of the Department with respect to the disclosure of personal information of eligible veterans seeking such care or services from the Department. (d) Eligible Veteran Defined.--In this section, the term ``eligible veteran'' means a veteran who is eligible for hospital care, medical services, or other health care under the laws administered by the Secretary of Veterans Affairs. SEC. 4. EXECUTIVE COMPENSATION AND BONUSES ACCOUNTABILITY AT DEPARTMENT OF VETERANS AFFAIRS. (a) Inspector General of Department of Veterans Affairs Notice.--If the Inspector General of the Department of Veterans Affairs determines that the director of a medical facility of the Department of Veterans Affairs or other official of the Department responsible for activities at such facility has purposefully misrepresented patient records or other data to conceal a failure of the facility to comply with patient access or care standards of the Department or for the purpose of qualifying for a performance award under section 5384 of title 5, United States Code, or any other compensation that is in addition to basic pay-- (1) not later than 30 days after the date on which the Inspector General makes such determination, the Inspector General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notice of such determination; and (2) not later than 15 days after the date on which the Inspector General submits notice under paragraph (1), the Inspector General shall submit to the Secretary a list of the names of each director or other official responsible for such misrepresentation. (b) Limitation on Performance Awards.--Notwithstanding any other provision of law, the Secretary may not pay a bonus or award, including a performance award under section 5384 of title 5, United States Code, to any director or other official of the Department included in a list submitted under subsection (a)(2) until the Secretary determines that all issues relating to the reasons why such director or other individual was included in such list have been resolved. (c) Performance Reviews.--The Secretary shall ensure that any performance review or consideration for promotion of a director or other official of the Department responsible for activities at a medical facility of the Department with respect to which a notice was submitted under subsection (a)(1) for a misrepresentation includes an evaluation of whether the director or other official knew or should have known about such misrepresentation. (d) Prohibition on Publication of Names.--The Inspector General may not make public the names of directors or other officials included in the list under subsection (a)(2). (e) Role of Inspector General.--Any responsibility or authority of the Inspector General provided under this section is in addition to any responsibility or authority provided to the Inspector General in the Inspector General Act of 1978 (5 U.S.C. App.).", "summary": "Veterans Access to Care Accountability Act - Directs the Comptroller General (GAO) to conduct random, periodic audits of the medical facilities of the Department of Veterans Affairs (VA) and the Veterans Integrated Service Networks to determine if they are in compliance with legal and administrative standards requiring that veterans be provided timely access to health care from the VA. Requires the VA Secretary, upon the receipt of a specified report finding that a veteran has been subjected to a wait time of more than 30 days for health care from the VA, to: (1) notify the veteran, within 48 hours of receiving such report, of the status of the veteran's appointment; and (2) make every possible effort to schedule the veteran's appointment at a VA facility or through a non-VA health care provider on a date not later than 7 days after receiving such report. Requires the VA Inspector General to provide the Secretary with a list of the names of each director or other VA official responsible for activities at a VA medical facility who is found to have purposefully misrepresented patient records or other data in order to: (1) conceal a failure of the facility to comply with VA patient access or care standards, or (2) qualify for a performance award or any other compensation that is in addition to basic pay. Prohibits the Secretary from paying a bonus or award to any director or official on such list until the Secretary determines that all issues relating to the reasons why such director or official was included on such list have been resolved. Directs the Secretary to ensure that any performance review or consideration for promotion of a director or other VA official responsible for activities at a VA medical facility where such misrepresentation has occurred includes an evaluation of whether the director or other official knew or should have known about such misrepresentation. Prohibits the Inspector General from making the names of the individuals on the list public."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bounty Hunter Accountability and Quality Assistance Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) bounty hunters, also known as bail enforcement officers or recovery agents, provide law enforcement officers and the courts with valuable assistance in recovering fugitives from justice; (2) regardless of the differences in their duties, skills, and responsibilities, the public has had difficulty in discerning the difference between law enforcement officers and bounty hunters; (3) the availability of bail as an alternative to the pretrial detention or unsecured release of criminal defendants is important to the effective functioning of the criminal justice system; (4) the safe and timely return to custody of fugitives who violate bail contracts is an important matter of public safety, as is the return of any other fugitive from justice; (5) bail bond agents are widely regulated by the States, whereas bounty hunters are largely unregulated; (6) the public safety requires the employment of qualified, well-trained bounty hunters; and (7) in the course of their duties, bounty hunters often move in and affect interstate commerce. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``bail bond agent'' means any retail seller of a bond to secure the release of a criminal defendant pending judicial proceedings, unless such person also is self-employed to obtain the recovery of any fugitive from justice who has been released on bail; (2) the term ``bounty hunter''-- (A) means any person whose services are engaged, either as an independent contractor or as an employee of a bounty hunter employer, to obtain the recovery of any fugitive from justice who has been released on bail; and (B) does not include any-- (i) law enforcement officer acting under color of law; (ii) attorney, accountant, or other professional licensed under applicable State law; (iii) employee whose duties are primarily internal audit or credit functions; (iv) person while engaged in the performance of official duties as a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code); or (v) bail bond agent; (3) the term ``bounty hunter employer''-- (A) means any person that-- (i) employs 1 or more bounty hunters; or (ii) provides, as an independent contractor, for consideration, the services of 1 or more bounty hunters (which may include the services of that person); and (B) does not include any bail bond agent; and (4) the term ``law enforcement officer'' means a public officer or employee authorized under applicable Federal or State law to conduct or engage in the prevention, investigation, prosecution, or adjudication of criminal offenses, including any public officer or employee engaged in corrections, parole, or probation functions, or the recovery of any fugitive from justice. SEC. 4. MODEL GUIDELINES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall develop model guidelines for the State control and regulation of persons employed or applying for employment as bounty hunters. In developing such guidelines, the Attorney General shall consult with organizations representing-- (1) State and local law enforcement officers; (2) State and local prosecutors; (3) the criminal defense bar; (4) bail bond agents; (5) bounty hunters; and (6) corporate sureties. (b) Recommendations.--The guidelines developed under subsection (a) shall include recommendations of the Attorney General regarding whether-- (1) a person seeking employment as a bounty hunter should-- (A) be required to submit to a fingerprint-based criminal background check prior to entering into the performance of duties pursuant to employment as a bounty hunter; or (B) not be allowed to obtain such employment if that person has been convicted of a felony offense under Federal or State law; (2) bounty hunters and bounty hunter employers should be required to obtain adequate liability insurance for actions taken in the course of performing duties pursuant to employment as a bounty hunter; and (3) State laws should provide-- (A) for the prohibition on bounty hunters entering any private dwelling, unless the bounty hunter first knocks on the front door and announces the presence of 1 or more bounty hunters; and (B) the official recognition of bounty hunters from other States. (c) Effect on Bail.--The guidelines published under subsection (a) shall include an analysis of the estimated effect, if any, of the adoption of the guidelines by the States on-- (1) the cost and availability of bail; and (2) the bail bond agent industry. (d) No Regulatory Authority.--Nothing in this section may be construed to authorize the promulgation of any Federal regulation relating to bounty hunters, bounty hunter employers, or bail bond agents. (e) Publication of Guidelines.--The Attorney General shall publish model guidelines developed pursuant to subsection (a) in the Federal Register. Passed the Senate October 7 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.", "summary": "Bounty Hunter Accountability and Quality Assistance Act of 1998 - Directs the Attorney General to develop model guidelines for the State control and regulation of bounty hunters, including recommendations regarding whether: (1) a person seeking employment as a bounty hunter should be required to submit to a fingerprint-based criminal background or should not be allowed to obtain such employment if he or she has been convicted of a Federal or State felony; (2) bounty hunters and their employers should be required to obtain adequate liability insurance for actions taken in the course of performing such duties; and (3) State laws should provide for the official recognition of bounty hunters from other States and should prohibit bounty hunters from entering any private dwelling without first knocking on the front door and announcing their presence. Requires published guidelines to include an analysis of their estimated effect on: (1) the cost and availability of bail; and (2) the bail bond agent industry. Directs the Attorney to publish model guidelines in the Federal Register."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reinstatement of Enrollment for Medicaid Eligibility of Disadvantaged Youth (REMEDY) Act''. SEC. 2. REINSTATEMENT OF ENROLLMENT FOR MEDICAID AND SCHIP BENEFITS FOR CERTAIN YOUTH UPON RELEASE FROM PUBLIC INSTITUTIONS. (a) Application to Medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) by striking ``and'' at the end of paragraph (69); (2) by striking the period at the end of paragraph (70) and inserting ``; and''; and (3) by inserting after paragraph (70) the following new paragraph: ``(71) provide that in the case of any individual who is a youth, as determined under the State plan for purposes of eligibility for medical assistance under such plan, as of the date of becoming an inmate of a public institution and who is a youth (as so determined) at the time of release from such institution, if the individual was enrolled for medical assistance under the State plan immediately before becoming such an inmate the State must suspend, rather than terminate, such enrollment for such individual during the period in which such individual is such an inmate in a manner such that-- ``(A) the enrollment of such individual shall be reinstated upon release from such institution unless and until there is a determination that the individual is no longer eligible to be so enrolled; and ``(B) any period of continuous eligibility in effect on the date the individual became such an inmate shall be reinstated as of the date of the release and the duration of such period shall be determined without regard to the period in which the individual was such an inmate.''. (b) Application to SCHIP.--Section 2102(b)(1) of the Social Security Act (42 U.S.C. 1397bb(b)(1)) is amended by adding at the end the following new subparagraph: ``(C) Reinstatement of enrollment for certain youth upon release from public institutions.--A State child health plan shall provide that in the case of any child who becomes an inmate of a public institution and who is still a child at the time of release from such institution, if the child was enrolled for child health assistance under the State child health plan immediately before becoming such an inmate the State must suspend, rather than terminate, such enrollment for such child during the period in which such child is such an inmate in a manner such that-- ``(i) the enrollment of such child shall be reinstated upon release from such institution unless and until there is a determination that the child is no longer eligible to be so enrolled; and ``(ii) any period of continuous eligibility in effect on the date the child became such an inmate shall be reinstated as of the date of the release and the duration of such period shall be determined without regard to the period in which the child was such an inmate.''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply to individuals who become inmates of a public institution on or after January 1, 2009. (2) Exception if state legislation required.--In the case of a State plan for medical assistance under title XIX of the Social Security Act, or a State child health plan for child health assistance under title XXI of such Act, which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a)(3) or (b), respectively, the State plan or State child health plan, respectively, shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such respective additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.", "summary": "Reinstatement of Enrollment for Medicaid Eligibility of Disadvantaged Youth (REMEDY) Act - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to require a state plan to provide for the reinstatement to enrollment for medical assistance and child health assistance upon release from a public institution of an individual youth who was enrolled for such assistance immediately before becoming an inmate of such institution."}
{"article": "SECTION 1. CLEAN-FUEL VEHICLES USED BY ENTERPRISE ZONE BUSINESSES AND RENEWAL COMMUNITY BUSINESSES. (a) Empowerment Zones.--Part III of subchapter U of chapter 1 of the Internal Revenue Code of 1986 (relating to additional incentives for empowerment zones) is amended-- (1) by redesignating subpart D as subpart E, (2) by redesignating sections 1397C, 1397D, 1397E, and 1397F as sections 1397D, 1397E, 1397F, and 1397G, respectively, and (3) by inserting after subpart C the following new subpart: ``Subpart D--Incentives for Clean-Fuel Vehicles ``Sec. 1397C. Incentives for clean-fuel vehicles. ``SEC. 1397C. INCENTIVES FOR CLEAN-FUEL VEHICLES. ``(a) Zone Clean Fuels Credit.--For purposes of section 38, in the case of an eligible enterprise zone business, the amount of the zone clean fuels credit determined under this section for the taxable year is the sum of-- ``(1) the zone clean-fuel property credit, and ``(2) the zone clean-burning fuel use credit. ``(b) Zone Clean-Fuel Property Credit.-- ``(1) In general.--The zone clean-fuel property credit is the cost of-- ``(A) qualified clean-fuel vehicle property, plus ``(B) qualified clean-fuel vehicle refueling property. The credit under this section with respect to any property shall be allowed for the taxable year in which such property is placed in service by the eligible enterprise zone business. ``(2) Limitations.-- ``(A) Qualified clean-fuel vehicle property.--The cost which may be taken into account under paragraph (1)(A) with respect to any motor vehicle shall not exceed-- ``(i) $2,000 in the case of a motor vehicle not described in clause (ii) or (iii), ``(ii) $5,000 in the case of any truck or van with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds, or ``(iii) $50,000 in the case of-- ``(I) a truck or van with a gross vehicle weight rating greater than 26,000 pounds, or ``(II) any bus which has a seating capacity of at least 20 adults (not including the driver). ``(B) Qualified clean-fuel vehicle refueling property.-- ``(i) In general.--The aggregate cost which may be taken into account under paragraph (1)(B) with respect to qualified clean-fuel vehicle refueling property placed in service by the eligible enterprise zone business during the taxable year at a location shall not exceed the lesser of-- ``(I) $100,000, or ``(II) the cost of such property reduced by the amount described in clause (ii). ``(ii) Reduction for amounts previously taken into account.--For purposes of clause (i)(II), the amount described in this clause is the sum of-- ``(I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and ``(II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. ``(iii) Special rules.--For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. ``(c) Zone Clean-Burning Fuel Use Credit.--The zone clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible enterprise zone business during the taxable year to propel qualified clean-fuel vehicle property. ``(d) Definitions.--For purposes of this section-- ``(1) Eligible enterprise zone business.--The term `eligible enterprise zone business' means-- ``(A) an enterprise zone business (as defined in section 1397D) located within an area that is an empowerment zone or enterprise community and that is within a nonattainment area (within the meaning of section 171 of the Clean Air Act (42 U.S.C. 7501)), and ``(B) a trade or business located outside of an empowerment zone or enterprise community, but only with respect to qualified clean-fuel vehicle property used substantially within an area that is an empowerment zone or enterprise community and that is within a nonattainment area (within the meaning of section 171 of the Clean Air Act (42 U.S.C. 7501)). For purposes of this paragraph, section 1397D shall be applied by substituting `empowerment zone or enterprise community' for `empowerment zone' each place it appears. ``(2) Clean-burning fuel.--The term `clean-burning fuel' has the meaning given to such term by section 179A, except that such term includes compressed natural gas. ``(3) Qualified clean-fuel vehicle property.--The term `qualified clean-fuel vehicle property' has the meaning given to such term by section 179A(c) without regard to paragraph (3) thereof, except that such term does not include property that is a motor vehicle propelled by a fuel that is not a clean- burning fuel. ``(4) Qualified clean-fuel vehicle refueling property.--The term `qualified clean-fuel vehicle refueling property' has the meaning given to such term by section 179A(d). ``(5) Gasoline gallon equivalent.--The term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter.''. (b) Renewal Communities.--Part III of subchapter X of chapter 1 of the Internal Revenue Code of 1986 (relating to additional incentives for renewal communities) is amended by adding at the end the following new section: ``SEC. 1400K. RENEWAL COMMUNITY CLEAN FUELS CREDIT. ``(a) In General.--For purposes of section 1397C-- ``(1) a renewal community shall be treated as an empowerment zone, ``(2) a renewal community business shall be treated as an enterprise zone business, and ``(3) qualified renewal property shall be treated as qualified zone property.''. (c) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(13) the zone clean fuels credit determined under section 1397C.''. (d) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection: ``(d) Zone Clean Fuels Expenses.--No deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 1397C.''. (e) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for zone clean fuels credit.-- ``(A) In general.--In the case of the zone clean fuels credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraph (A) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the zone clean fuels credit). ``(B) Zone clean fuels credit.--For purposes of this subsection, the term `zone clean fuels credit' means the credit allowable under subsection (a) by reason of section 1397B.''. (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the zone clean fuels credit'' after ``employment credit''. (f) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(9) No carryback of zone clean fuels credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 1397C may be carried back to any taxable year ending before the date of the enactment of section 1397C.''. (g) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, and'', and by adding after paragraph (8) the following new paragraph: ``(9) the empowerment zone clean fuels credit determined under section 1397C.''. (h) Conforming Amendments.-- (1) Paragraph (2) of section 1394(b) of such Code is amended-- (A) by striking ``section 1397D'' and inserting ``section 1397E'', and (B) by striking ``section 1397D(a)(2)'' and inserting ``section 1397E(a)(2)''. (2) Paragraph (3) of section 1394(b) of such Code is amended-- (A) by striking ``section 1397C'' each place it appears and inserting ``section 1397D'', and (B) by striking ``section 1397C(d)'' and inserting ``section 1397D(d)''. (3) Paragraph (3) of section 1394(f) of such Code is amended by striking ``sections 1397C and 1397D'' both places it appears and inserting ``sections 1397D and 1397E''. (4) Section 1397B(b)(1)(A)(ii) of such Code is amended by striking ``section 1397C'' and inserting ``section 1397D''. (5) Sections 1400(e), 1400B(c), and 1400G of such Code are each amended by striking ``section 1397C'' each place it appears and inserting ``section 1397D''. (6) Section 1400J(b) of such Code is amended by striking ``section 1397D'' each place it appears and inserting ``section 1397E''. (7) Section 45D(d) of such Code is amended-- (A) in paragraph (2)(A)(v) by striking ``section 1397C(e)'' and inserting ``section 1397D(e)'', and (B) in paragraph (3) by striking ``section 1397C(d)'' and inserting ``section 1397D(d)''. (8) Section 1202(a)(2) of such Code is amended by striking ``section 1397C(b)'' and inserting ``section 1397D(b)''. (9) The table of subparts for part III of subchapter U of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Subpart D. Incentives for Clean-Fuel Vehicles. ``Subpart E. General provisions.''. (10) The table of sections for subpart E of such part III is amended to read as follows: ``Sec. 1397E. Enterprise zone business defined. ``Sec. 1397E. Qualified zone property defined.''. (11) The table of sections for part III of subchapter X of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1400K. Renewal community clean fuels credit.''. (i) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2000.", "summary": "Amends the Internal Revenue Code to establish credits for the use of clean-fuel vehicles by businesses within empowerment zones, enterprise communities, and renewal communities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Japan Trade Equalizing Act of 1993''. TITLE I--FINDINGS AND DEFINITIONS SEC. 101. FINDINGS, PURPOSE, AND DISCLAIMERS. (a) Findings.--The Congress makes the following findings: (1) The United States trade deficit with Japan has increased substantially over the past decade. In 1991, the United States trade deficit with Japan was $43,400,000,000. The trade deficit increased by 14 percent in 1 year, to over $49,400,000,000 by the end of 1992. (2) The traditional domestic motor vehicle and motor vehicle parts sector directly employs more than 1 million workers and indirectly employs several million more. The workers are skilled, hard working, productive, capable, and proud of their work. The workers and their employers have achieved great improvements in quality, performance, fuel economy, safety, and design of domestic motor vehicles. (3) The domestic motor vehicle and motor vehicle parts sector directly and indirectly accounts for about 12 percent of our gross national product and generates more than $200,000,000,000 a year in revenue. (4) The domestic motor vehicle and motor vehicle parts sector is a major consumer of steel, glass, textiles, rubber, aluminum, machine tools, chemicals, electronics, and other important products. (5) Recognizing the competitive pressures facing the motor vehicle industry, Japan has operated under a voluntary export restraint arrangement since 1981 that has not been recognized or enforced by the United States Government. (6) Since 1986 the United States Government has engaged, with little result, in a negotiating process with the Government of Japan to obtain fair access to the markets of that nation for United States producers of motor vehicle parts and manufacturers of motor vehicles. (7) Despite these negotiating efforts, in 1992 the United States posted a $49,400,000,000 trade deficit with Japan of which over $30,000,000,000 was accounted for by the automotive sector deficit ($9,800,000,000 of which was attributable to motor vehicle parts), and there is little evidence that the Japanese Government is seriously trying to eliminate such deficits which are detrimental to the United States economy and jobs. (8) In addition to transplant assembly facilities in the United States that are owned or controlled by Japanese persons, motor vehicles and motor vehicle parts are being imported from Japan into the United States in such increased quantities and under such conditions as to cause, or threaten to cause, serious injury to domestic manufacturers of like or directly competitive products and to the domestic workers producing such products. (9) In the last 5 years, transplant assembly facilities in the United States that are owned or controlled by persons from Japan have not shifted significantly their procurement to traditional United States producers of motor vehicle parts, as illustrated by the fact that-- (A) the United States automotive parts trade deficit with Japan grew between 1985 and 1990 at an annual average rate of 17 percent and totaled $9,800,000,000 in 1992; and (B) only 12.5 percent of the customs value of vehicles manufactured in such transplant facilities in the United States is based on parts produced by traditional United States motor vehicle parts producers, while 35.1 percent of such value is based on imports from Japan and 32.4 percent of such value is based on purchases from Japanese-affiliated parts producers located in the United States. (10) The pattern of procurement described in paragraph (9) has contributed significantly to the overall United States merchandise trade deficit with Japan. (11) The continuation of current procurement practices by automobile companies owned or controlled by persons from Japan and the increased production of vehicles by transplant facilities in the United States is projected to result in a 110 percent (or $21,990,000,000) increase in the United States motor vehicle parts trade deficit by 1994. (12) Aftermarket parts are likely to account for 50 percent of the motor vehicle parts trade deficit with Japan by 1994 because transplant facilities are not purchasing sufficient quantities of original equipment from United States suppliers. (13) Traditional United States motor vehicle parts manufacturers are particularly underrepresented in the production of motor vehicles produced by transplant facilities in the United States in the following 3 major, high value-added vehicle systems: (A) Engines. (B) Transmissions. (C) Body structures. (14) In the 1991 National Trade Estimates Report, the United States Trade Representative listed ``close and durable relationships'' between Japanese motor vehicle makers and suppliers as a barrier to United States motor vehicle parts sales in Japan. (15) The market share of Japanese motor vehicle manufacturers in the European Community is currently 10 percent while their market share in the United States is about 35 percent. (16) The European Community has negotiated an understanding with the Government of Japan limiting the market share of motor vehicles produced by Japanese motor vehicle manufacturing companies both in Japan and in the European Community to less than 16 percent until the year 2000. (17) The home market for motor vehicles and motor vehicle parts in Japan remains largely closed to all foreign manufacturers whose combined market share equals no more than 3 percent. (18) Japan's nontariff market barriers include onerous inspection and certification systems that discriminate against foreign-made motor vehicles and motor vehicle parts, a tax system that discriminates against foreign-made products, closed distribution systems and dealer networks, and government- tolerated ``Keiretsu'' relationships involving motor vehicle and motor vehicle parts manufacturers and dealers. At the same time, Japanese firms enjoy open markets in the United States with no limitations or discrimination. (b) Purpose.--The purpose of this Act is to decrease the merchandise trade deficit of the United States with Japan by providing for a staged merchandise trade deficit reduction over a 5-year period. (c) Congressional Disclaimers.--It is the intent of Congress that this Act shall not be deemed to modify or amend the terms or conditions of any international treaty, convention, or agreement that may be applicable to motor vehicles and motor vehicle parts and to which the United States, on the date of the enactment of this Act, is a party, including, but not limited to, the terms or conditions of any such treaty, convention, or agreement which provide for the resolution of conflicts between the parties thereto. Nothing in this Act shall be construed (1) to confer jurisdiction upon any court of the United States to consider and resolve such conflicts, or (2) to alter or amend any law existing on the date of the enactment of this Act which may confer such jurisdiction in such courts. SEC. 102. DEFINITIONS. For purposes of this Act: (1) Motor vehicle and motor vehicle parts.-- (A) The term ``motor vehicle'' means any article of a kind described in heading 8703 or 8704 of the Harmonized Tariff Schedule of the United States. (B) The term ``motor vehicle parts'' means any article of a kind described in the following provisions of the Harmonized Tariff Schedule of the United States if suitable for use in the manufacture or repair of motor vehicles: (i) Subheadings 8407.31.00 through 8407.34.20 (relating to spark-ignition reciprocating or rotary internal combustion piston engines). (ii) Subheading 8408.20 (relating to the compression-ignition internal combustion engines). (iii) Subheading 8409 (relating to parts suitable for use solely or principally with engines described in clauses (i) and (ii)). (iv) Subheading 8483 (relating to transmission shafts and related parts). (v) Subheadings 8706.00.10 and 8706.00.15 (relating to chassis fitted with engines). (vi) Heading 8707 (relating to motor vehicle bodies). (vii) Heading 8708 (relating to bumpers, brakes and servo brakes, gear boxes, drive axles, nondriving axles, road wheels, suspension shock absorbers, radiators, mufflers and exhaust pipes, clutches, steering wheels, steering columns, steering boxes, and other parts and accessories of motor vehicles). The Secretary shall by regulation include as motor vehicle parts such other articles (described by classification under such Harmonized Tariff Schedule) that the Secretary considers appropriate for the purposes of this Act. (C)(i) The term ``Japanese motor vehicle'' means a motor vehicle which is the product of Japan. (ii) The term ``Japanese motor vehicle part'' means a motor vehicle part which is the product of Japan. (2) Entered.--The term ``entered'' means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States. (3) Import restriction implementation period.--The term ``import restriction implementation period'' means a calendar year which-- (A) occurs after 1994 and before calendar year 2001, and (B) follows a calendar year with respect to which the Secretary finds, under section 201(b), that the trade deficit reduction target was not met. (4) Interstate sale.--The term ``interstate sale'' means sale or distribution in the interstate commerce of the United States. (5) Baseline deficit.--(A) The term ``baseline deficit'' means the average monthly merchandise trade deficit, as computed by the Secretary, of the United States with Japan during calendar year 1993. (B) In computing merchandise trade deficits under this section, the value of bilateral trade between the United States and Japan in-- (i) crude petroleum; and (ii) nonmonetary gold; shall not be included. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (7) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. TITLE II--MERCHANDISE TRADE DEFICIT REDUCTION SEC. 201. STAGED TRADE DEFICIT REDUCTION. (a) Trade Deficit Reduction Targets.-- (1) In general.--The trade deficit reduction target for each of the calendar years listed below is an average monthly merchandise trade deficit of the United States with Japan during such year that does not exceed an amount that equals the applicable percentage of the baseline deficit that appears opposite such year: Calendar year Applicable percentage of baseline deficit 1994.......................................... 80 percent 1995.......................................... 60 percent 1996.......................................... 40 percent 1997.......................................... 20 percent 1998.......................................... 0 percent (2) Special rule for 1998.--For calendar year 1998, the 0 percent trade deficit reduction target shall be treated as having been met if the merchandise trade deficit of the United States with Japan during such year does not exceed-- (A) an amount equal to 5 percent of the value of the aggregate bilateral merchandise trade between the United States and Japan during such year; or (B) $5,000,000,000. (b) Computations.-- (1) In general.--Not later than January 1 following each calendar year listed in subsection (a)(1), the Secretary shall compute whether the trade deficit reduction target for such year was met. (2) Announcement of import restriction implementation period.--If the Secretary finds under paragraph (1) that the trade deficit reduction target specified under subsection (a) for a calendar year was not met, the Secretary shall announce, by publication in the Federal Register, that the import restriction implementation period is in effect beginning on January 1 of the year after the year to which the finding applies. SEC. 202. COMPUTATION OF IMPORT RESTRICTIONS IF TRADE DEFICIT REDUCTION TARGET NOT MET. (a) In General.--On January 1 of the first calendar year (and each calendar year thereafter) for which an import restriction implementation period is in effect, the Secretary shall compute and publish in the Federal Register the quantitative import restrictions for such calendar year. (b) Computation.-- (1) In general.--For purposes of subsection (a), the term ``quantitative import restrictions'' means the aggregate quantity of Japanese motor vehicles and the aggregate quantity of Japanese motor vehicle parts that may be entered into the United States (in accordance with paragraph (2) or (3)) for a calendar year described in subsection (a). (2) First year restrictions.--The aggregate quantity of Japanese motor vehicles and Japanese motor vehicle parts that may be entered into the United States, during the first calendar year for which an import restriction implementation period is in effect, may not exceed the aggregate quantity of such motor vehicles and the aggregate quantity of such motor vehicle parts entered into the United States during 1993, reduced by 20 percent. (3) Subsequent years.--In the case of any calendar year for which an import restriction period is in effect after the first such calendar year, the aggregate quantity of Japanese motor vehicles and Japanese motor vehicle parts that may be entered into the United States shall not exceed the amount of such motor vehicles and motor vehicle parts entered during the most recent preceding calendar year for which an import restriction implementation period was in effect, reduced by 20 percent. (4) Administration.--In order to prevent import surging or to otherwise ensure the efficient administration of this Act, the Secretary may impose temporary quantitative import restrictions on Japanese motor vehicles and Japanese motor vehicle parts entered during the first 3 months of a calendar year in an import restriction implementation period. SEC. 203. REPORTS. Within 30 days after a computation is made under section 201 or 202 with respect to a calendar year, the Secretary shall submit to the Congress a report setting forth the bases of the computation. SEC. 204. SENSE OF CONGRESS REGARDING ACHIEVEMENT OF MERCHANDISE TRADE DEFICIT REDUCTION TARGETS. It is the sense of the Congress that representatives of the United States and Japanese Governments should undertake continuing discussions regarding the means and measures, to be selected by the Japanese Government, to achieve the merchandise trade deficit reduction targets required under section 201(a). During the discussions, the Trade Representative should particularly address market access priorities for United States exports to Japan.", "summary": "TABLE OF CONTENTS: Title I: Findings and Definitions Title II: Merchandise Trade Deficit Reduction United States-Japan Trade Equalizing Act of 1993 - Title I: Findings and Definitions - Sets forth congressional findings and purposes with respect to access to Japanese markets by U.S. manufacturers of motor vehicles and motor vehicle parts. Title II: Merchandise Trade Deficit Reduction - Sets forth annual merchandise trade deficit reduction targets with respect to Japan's trade deficit with the United States. Requires the Secretary of Commerce to: (1) compute annually whether the target has been met for each year; (2) publish in the Federal Register that the import restriction implementation period is in effect for the year following the year a target has not been met; and (3) compute annually and publish in the Federal Register the quantitative import restrictions for years in which import restrictions are effective. Prohibits the quantity of Japanese motor vehicles and parts that may be entered into the United States in: (1) the first year in which a restriction is in effect from exceeding the quantity of such vehicles and parts entered during 1993, reduced by 20 percent; and (2) subsequent years from exceeding the quantity entered during the most recent year for which a restriction was in effect, reduced by 20 percent. Authorizes the Secretary to impose temporary quantitative import restrictions on such motor vehicles and parts during the first three months of an import restriction implementation period in order to prevent surging. Expresses the sense of the Congress that representatives of the U.S. and Japanese Governments should undertake continuing discussions regarding the measures to be selected by the Japanese Government to achieve the merchandise trade deficit reduction targets."}
{"article": "SECTION 1. SHORT TITLE. This title may be cited as the ``21st Century Media Responsibility Act of 2001''. SEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA PRODUCTS. (a) Declaration of Policy.--Section 2 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331) is amended-- (1) by inserting ``(a) Policy Regarding Cigarettes.--'' before ``It is the policy of the Congress''; and (2) by adding at the end the following: ``(b) Policy Regarding Violence in Audio and Visual Media Products.--It is also the policy of Congress, and the purpose of this Act, to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products (including labeling of such products in the advertisements for such products), whereby-- ``(1) the public may be adequately informed of-- ``(A) the nature, context, and intensity of depictions of violence in audio and visual media products; and ``(B) matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products containing violent content by minors of various ages; and ``(2) the public may be assured of-- ``(A) the accuracy and consistency of the system in labeling the nature, context, and intensity of depictions of violence in audio and visual media products; and ``(B) the accuracy and consistency of the system in providing information on matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products containing violent content by minors of various ages.''. (b) Labeling of Audio and Visual Media Products.--That Act is further amended by inserting after section 4 (15 U.S.C. 1333) the following new section: ``labeling of audio and visual media products ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and producers of interactive video game products and services, video program products, motion picture products, and sound recording products may submit to the Federal Trade Commission a joint proposal for a system for labeling the violent content in interactive video game products and services, video program products, motion picture products, and sound recording products. ``(2) The proposal under this subsection should, to the maximum extent practicable, meet the requirements set forth in subsection (b). ``(3)(A) The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement between or among manufacturers and producers referred to in paragraph (1) for purposes of developing a joint proposal for a system for labeling referred to in that paragraph. ``(B) For purposes of this paragraph, the term `antitrust laws' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). ``(b) Requirements for Labeling System.--A system for labeling the violent content in interactive video game products and services, video program products, motion picture products, and sound recording products under this section shall meet the following requirements: ``(1) The label of a product or service shall consist of a single label which-- ``(A) takes into account the nature, context, and intensity of the depictions of violence in the product or service; and ``(B) assesses the totality of all depictions of violence in the product or service. ``(2) The label of a product or service shall specify a minimum age in years for the purchase, viewing, listening to, use, or consumption of the product or service in light of the totality of all depictions of violence in the product or service. ``(3) The format of the label for products and services shall-- ``(A) incorporate each label provided for under paragraphs (1) and (2); ``(B) include a symbol or icon, and written text; and ``(C) be identical for each given label provided under paragraphs (1) and (2), regardless of the type of product or service involved. ``(4) In the case of a product or service sold in a box, carton, sleeve, or other container, the label shall appear on the box, carton, sleeve, or container in a conspicuous manner. ``(5) In the case of a product or service that is intended to be viewed, the label shall-- ``(A) appear before the commencement of the product or service; ``(B) appear in both visual and audio form; and ``(C) appear in visual form for at least five seconds. ``(6) Any advertisement for a product or service shall include a label of the product or service in accordance with the applicable provisions of this subsection. ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the manufacturers and producers referred to in subsection (a) submit to the Federal Trade Commission a proposal for a labeling system referred to in that subsection not later than 180 days after the date of the enactment of the 21st Century Media Responsibility Act of 2001, the Commission shall review the labeling system contained in the proposal to determine whether the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(B) Not later than 180 days after commencing a review of the proposal for a labeling system under subparagraph (A), the Commission shall issue a labeling system for purposes of this section. The labeling system issued under this subparagraph may include such modifications of the proposal as the Commission considers appropriate in order to assure that the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(2)(A) If the manufacturers and producers referred to in subsection (a) do not submit to the Commission a proposal for a labeling system referred to in that subsection within the time provided under paragraph (1)(A), the Commission shall prescribe regulations to establish a labeling system for purposes of this section that meets the requirements set forth in subsection (b). ``(B) Any regulations under subparagraph (A) shall be prescribed not later than one year after the date of the enactment of the 21st Century Media Responsibility Act of 2001. ``(e) Prohibition on Sale or Distribution Without Label.-- Commencing one year after the date of the enactment of the 21st Century Media Responsibility Act of 2001, a person may not manufacture or produce for sale or distribution in commerce, package for sale or distribution in commerce, or sell or distribute in commerce any interactive video game product or service, video program product, motion picture product, or sound recording product unless the product or service bears a label in accordance with the labeling system issued or prescribed by the Federal Trade Commission under subsection (d) which-- ``(1) is appropriate for the nature, context, and intensity of the depictions of violence in the product or service; and ``(2) specifies an appropriate minimum age in years for purchasers and consumers of the product or service. ``(f) Prohibition on Sale in Violation of Age Restriction.-- Commencing one year after the date of the enactment of the 21st Century Media Responsibility Act of 2001, a person may not sell in commerce an interactive video game product or service, video program product, motion picture product, or sound recording product to an individual whose age in years is less than the age specified as the minimum age in years for a purchaser and consumer of the product or service, as the case may be, under the labeling system issued or prescribed by the Federal Trade Commission under subsection (d). ``(g) Investigations of Improper Labeling.--The Federal Trade Commission shall have the authority to receive and investigate allegations that an interactive video game product or service, video program product, motion picture product, or sound recording product does not bear a label under the labeling system issued or prescribed by the Commission under subsection (d) that is appropriate for the product or service, as the case may be, given the nature, context, and intensity of the depictions of violence in the product or service.''. (c) Civil Penalty.--That Act is further amended by inserting after section 10 (15 U.S.C. 1338) the following new section: ``civil penalty ``Sec. 10A. (a) In General.--Any person who violates subsection (e) or (f) of section 4A shall be subject to a civil penalty in an amount not to exceed $10,000 for each such violation. ``(b) Duration of Violation.--In the case of an interactive video game product or service, video program product, motion picture product, or sound recording product determined to violate section 4A(e), each day from the date of the commencement of sale or distribution of the product or service, as the case may be, to the date of the determination of the violation shall constitute a separate violation of subsection (a), and all such violations shall be aggregated together for purposes of determining the total liability of the manufacturer or producer of the product or service, as the case may be, for such violations under that subsection.''. (d) Short Title of Act.--The first section of that Act (15 U.S.C. 1331 note) is amended to read as follows: ``That this Act may be cited as the `Federal Cigarette and Media Violence Labeling and Advertising Act'''.", "summary": "21st Century Media Responsibility Act of 2001 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including the appropriateness of such products for minors.Authorizes manufacturers and producers of interactive video game, video program, motion picture, and sound recording products to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling violent content. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing; and (2) the label should appear conspicuously on the product. Directs the FTC to establish its own labeling system if a proposal is not submitted.Prohibits a person from: (1) manufacturing or producing such a product unless it bears a label meeting requirements of this Act; or (2) selling such product to an individual under the minimum age specified under the labeling system.Provides civil penalties for violations.Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Amateur Radio Parity Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 730,000 radio amateurs in the United States are licensed by the Federal Communications Commission in the amateur radio services. (2) Amateur radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronics technology, and emergency communications techniques and protocols. (3) There is a strong Federal interest in the effective performance of amateur stations established at the residences of licensees. Such stations have been shown to be frequently and increasingly precluded by unreasonable private land use restrictions, including restrictive covenants. (4) Federal Communications Commission regulations have for three decades prohibited the application to stations in the amateur service of State and local regulations that preclude or fail to reasonably accommodate amateur service communications, or that do not constitute the minimum practicable regulation to accomplish a legitimate State or local purpose. Commission policy has been and is to require States and localities to permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications. (5) The Commission has sought guidance and direction from Congress with respect to the application of the Commission's limited preemption policy regarding amateur service communications to private land use restrictions, including restrictive covenants. (6) There are aesthetic and common property considerations that are uniquely applicable to private land use regulations and the community associations obligated to enforce covenants, conditions, and restrictions in deed-restricted communities. These considerations are dissimilar to those applicable to State law and local ordinances regulating the same residential amateur radio facilities. (7) In recognition of these considerations, a separate Federal policy than exists at section 97.15(b) of title 47, Code of Federal Regulations, is warranted concerning amateur service communications in deed-restricted communities. (8) Community associations should fairly administer private land use regulations in the interest of their communities, while nevertheless permitting the installation and maintenance of effective outdoor amateur radio antennas. There exist antenna designs and installations that can be consistent with the aesthetics and physical characteristics of land and structures in community associations while accommodating communications in the amateur radio services. SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO AMATEUR STATIONS. (a) Amendment of FCC Rules.--Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend section 97.15 of title 47, Code of Federal Regulations, by adding a new paragraph that prohibits the application to amateur stations of any private land use restriction, including a restrictive covenant, that-- (1) on its face or as applied, precludes communications in an amateur radio service; (2) fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor antenna on property under the exclusive use or control of the licensee; or (3) does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a community association seeking to enforce such restriction. (b) Additional Requirements.--In amending its rules as required by subsection (a), the Commission shall-- (1) require any licensee in an amateur radio service to notify and obtain prior approval from a community association concerning installation of an outdoor antenna; (2) permit a community association to prohibit installation of any antenna or antenna support structure by a licensee in an amateur radio service on common property not under the exclusive use or control of the licensee; and (3) subject to the standards specified in paragraphs (1) and (2) of subsection (a), permit a community association to establish reasonable written rules concerning height, location, size, and aesthetic impact of, and installation requirements for, outdoor antennas and support structures for the purpose of conducting communications in the amateur radio services. SEC. 4. AFFIRMATION OF LIMITED PREEMPTION OF STATE AND LOCAL LAND USE REGULATION. The Federal Communications Commission may not change section 97.15(b) of title 47, Code of Federal Regulations, which shall remain applicable to State and local land use regulation of amateur service communications. SEC. 5. DEFINITIONS. In this Act: (1) Community association.--The term ``community association'' means any non-profit mandatory membership organization composed of owners of real estate described in a declaration of covenants or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person's ownership of or interest in a unit or parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, improvement, services, or other expenses related to common elements, other units, or any other real estate other than the unit or parcel described in the declaration. (2) Terms defined in regulations.--The terms ``amateur radio services'', ``amateur service'', and ``amateur station'' have the meanings given such terms in section 97.3 of title 47, Code of Federal Regulations. Passed the House of Representatives September 12, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": "(This measure has not been amended since it was reported to the House on September 9, 2016. Amateur Radio Parity Act of 2016 (Sec. 3) This bill directs the Federal Communications Commission (FCC) to amend station antenna structure regulations to prohibit a private land use restriction from applying to amateur radio stations if the restriction: precludes communications in an amateur radio service, fails to permit a licensee of amateur radio service to install and maintain an effective outdoor antenna on property under its exclusive use or control, or is not the minimum practicable restriction to accomplish the lawful purposes of a community association seeking to enforce the restriction. Before installing an outdoor antenna, however, an amateur radio licensee must obtain a community association's prior approval. A community association may: (1) prohibit installations on common property not under the exclusive control of the licensee, and (2) establish installation rules for amateur radio antennas and support structures."}
{"article": "SECTION 1. TABLE OF CONTENTS. The table of contents of this Act is as follows: Section 1. Table of contents. TITLE I--DOROTHY BUELL MEMORIAL VISITOR CENTER Sec. 101. Short title. Sec. 102. Definitions. Sec. 103. Memorandum of understanding. Sec. 104. Lease agreement. Sec. 105. Authorization of appropriations. TITLE II--PUBLIC LAND TECHNICAL AMENDMENTS Sec. 201. Short title. Sec. 202. Gaylord Nelson Wilderness. Sec. 203. Arlington House land transfer. Sec. 204. Cumberland Island Wilderness. Sec. 205. Petrified Forest boundary. Sec. 206. Commemorative works. TITLE I--DOROTHY BUELL MEMORIAL VISITOR CENTER SEC. 101. SHORT TITLE. This title may be cited as the ``Dorothy Buell Memorial Visitor Center Lease Act''. SEC. 102. DEFINITIONS. In this title: (1) Commission.--The term ``Commission'' means the Porter County Convention, Recreation and Visitor Commission. (2) Lakeshore.--The term ``Lakeshore'' means the Indiana Dunes National Lakeshore. (3) Lakeshore center.--The term ``Lakeshore Center'' means the visitor center for the Lakeshore authorized under section 104(a). (4) Memorial center.--The term ``Memorial Center'' means the Dorothy Buell Memorial Visitor Center located south of the Lakeshore boundary on Indiana Route 49. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 103. MEMORANDUM OF UNDERSTANDING. (a) In General.--The Secretary may enter into a memorandum of understanding with the Commission to establish a joint partnership with respect to the management of the Memorial Center. (b) Requirements.--The memorandum of understanding shall-- (1) identify the overall goals and purposes of the Memorial Center; (2) describe the allocation of management and operational duties between the Secretary and the Commission with respect to the Memorial Center; (3) identify how activities of the Memorial Center will be funded; (4) identify the parties responsible for providing amenities at the Memorial Center; (5) establish procedures for changing or dissolving the joint partnership; and (6) address any other issues determined to be appropriate by the Secretary or the Commission. SEC. 104. LEASE AGREEMENT. (a) In General.--After entering into a memorandum of understanding under section 103(a), the Secretary may enter into an agreement with the Commission to lease space in the Memorial Center for use as a visitor center for the Lakeshore. (b) Staff.--The Secretary may use employees of the Lakeshore to provide visitor information and education at the Lakeshore Center. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this title. TITLE II--PUBLIC LAND TECHNICAL AMENDMENTS SEC. 201. SHORT TITLE. This title may be cited as the ``Public Land Technical Amendments Act of 2006''. SEC. 202. GAYLORD NELSON WILDERNESS. (a) Redesignation.--Section 140 of division E of the Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note; Public Law 108-447), is amended-- (1) in subsection (a), by striking ``Gaylord A. Nelson'' and inserting ``Gaylord Nelson''; and (2) in subsection (c)(4), by striking ``Gaylord A. Nelson Wilderness'' and inserting ``Gaylord Nelson Wilderness''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the ``Gaylord A. Nelson Wilderness'' shall be deemed to be a reference to the ``Gaylord Nelson Wilderness''. SEC. 203. ARLINGTON HOUSE LAND TRANSFER. Section 2863(h)(1) of Public Law 107-107 (115 Stat. 1333) is amended by striking ``the George Washington Memorial Parkway'' and inserting ``Arlington House, the Robert E. Lee Memorial,''. SEC. 204. CUMBERLAND ISLAND WILDERNESS. Section 2(a)(1) of Public Law 97-250 (16 U.S.C. 1132 note; 96 Stat. 709) is amended by striking ``numbered 640/20,038I, and dated September 2004'' and inserting ``numbered 640/20,038K, and dated September 2005''. SEC. 205. PETRIFIED FOREST BOUNDARY. Section 2(1) of the Petrified Forest National Park Expansion Act of 2004 (16 U.S.C. 119 note) is amended by striking ``numbered 110/80,044, and dated July 2004'' and inserting ``numbered 110/80,045, and dated January 2005''. SEC. 206. COMMEMORATIVE WORKS. Section 8908(b)(1) of title 40, United States Code, is amended in the second sentence by striking ``House Administration'' and inserting ``Resources''. Passed the Senate September 29, 2006. Attest: EMILY J. REYNOLDS, Secretary.", "summary": "Title I: Dorothy Buell Memorial Visitor Center - Dorothy Buell Memorial Visitor Center Lease Act - (Sec. 103) Authorizes the Secretary of the Interior to enter into a specified memorandum of understanding with the Porter County Convention, Recreation and Visitor Commission to establish a joint partnership with respect to the management of the Dorothy Buell Memorial Visitor Center and, after entering into such a memorandum, lease space in such Memorial Center for use as a visitor center for the Indiana Dunes National Lakeshore (the Lakeshore Center). Permits the Secretary to use Lakeshore employees to provide visitor information and education at the Lakeshore Center. (Sec. 105) Authorizes appropriations. Title II: Public Land Technical Amendments - Public Land Technical Amendments Act of 2006 - Makes technical amendments with respect to certain public lands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Achieving a Better Life Experience Act of 2011'' or the ``ABLE Act of 2011''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life. (2) To provide secure funding for disability-related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, the Medicaid program under title XIX of the Social Security Act, the supplemental security income program under title XVI of such Act, the beneficiary's employment, and other sources. SEC. 3. ABLE ACCOUNTS. (a) Establishment.-- (1) In general.--Section 529 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) ABLE Accounts.-- ``(1) General rules.--For purposes of any other provision of law with respect to a qualified ABLE program and an ABLE account, except as otherwise provided in this subsection-- ``(A) a qualified ABLE program and an ABLE account shall be treated in the same manner as a qualified tuition program and an account described in subsection (b)(1)(A)(ii), respectively, are treated, and ``(B) qualified disability expenses with respect to a program or account described in subparagraph (A) shall be treated in the same manner as qualified higher education expenses are treated. ``(2) Qualified able program.--For purposes of this subsection, the term `qualified ABLE program' means a program established and maintained by a State or agency or instrumentality thereof-- ``(A) under which a person may make contributions to an ABLE account which is established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account, ``(B) which meets the requirements of the preceding subsections of this section (as modified by this subsection), determined by substituting-- ``(i) `qualified ABLE program' for `qualified tuition program', and ``(ii) `ABLE account' for `account', and ``(C) which meets the other requirements of this subsection. ``(3) Qualified disability expenses.--For purposes of this subsection-- ``(A) In general.--The term `qualified disability expenses' means any expenses which are made for the benefit of an individual with a disability who is a designated beneficiary. ``(B) Expenses included.--The following expenses shall be qualified disability expenses if such expenses are made for the benefit of an individual with a disability who is a designated beneficiary and are related to such disability: ``(i) Education.--Expenses for education, including tuition for preschool thru post- secondary education, books, supplies, and educational materials related to such education, tutors, and special education services. ``(ii) Housing.--Expenses for a primary residence, including rent, purchase of a primary residence or an interest in a primary residence, mortgage payments, real property taxes, and utility charges. ``(iii) Transportation.--Expenses for transportation, including the use of mass transit, the purchase or modification of vehicles, and moving expenses. ``(iv) Employment support.--Expenses related to obtaining and maintaining employment, including job-related training, assistive technology, and personal assistance supports. ``(v) Health, prevention, and wellness.-- Expenses for health and wellness, including premiums for health insurance, mental health, medical, vision, and dental expenses, habilitation and rehabilitation services, durable medical equipment, therapy, respite care, long term services and supports, nutritional management, communication services and devices, adaptive equipment, assistive technology, and personal assistance. ``(vi) Miscellaneous expenses.--Financial management and administrative services; legal fees; expenses for oversight; monitoring; home improvements, and modifications, maintenance and repairs, at primary residence; or funeral and burial expenses. ``(vii) Assistive technology and personal support services.--Expenses for assistive technology and personal support with respect to any item described in clauses (i) through (vi). ``(viii) Other approved expenses.--Any other expenses which are approved by the Secretary under regulations and consistent with the purposes of this section. ``(C) Individual with a disability.-- ``(i) In general.--Except as provided in clause (ii), an individual is an individual with a disability for a year if the individual (regardless of age)-- ``(I) has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 month, or ``(II) is blind. ``(ii) Disability certification required.-- An individual shall not be treated as an individual with a disability for a year unless the individual-- ``(I) is receiving (or, for purposes of title XIX of the Social Security Act, is deemed to be, or treated as, receiving) benefits under the supplemental security income program under title XVI of such Act, or whose benefits under such program are suspended other than by reason of misconduct, ``(II) is receiving disability benefits under title II of such Act, or ``(III) files a disability certification with the Secretary for such year. ``(iii) Disability certification defined.-- The term `disability certification' means, with respect to an individual, a certification to the satisfaction of the Secretary by the designated beneficiary or the parent or guardian of the designated beneficiary that-- ``(I) the individual meets the criteria described in clause (i), and ``(II) includes a copy of the designated beneficiary's diagnosis, signed by a physician meeting the criteria of section 1861(r)(1) of the Social Security Act. ``(iv) Restriction on use of certification.--No inference may be drawn from a disability certification for purposes of establishing eligibility for benefits under title II or XVI of the Social Security Act. ``(4) Rollovers from able accounts.--The limits on contributions pursuant to subsection (b)(6) shall not apply to any amount paid or distributed from an ABLE account to the extent that the amount received is paid, not later than the 60th day after the date of such payment or distribution, into-- ``(A) another ABLE account for the benefit of-- ``(i) the same beneficiary, or ``(ii) an individual who-- ``(I) is the spouse of such individual with a disability, or bears a relationship to such individual with a disability which is described in section 152(d)(2), and ``(II) is also an individual with a disability, ``(B) any trust which is described in subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act and which is for the benefit of an individual described in clause (i) or (ii) of subparagraph (A), or ``(C) a qualified tuition program-- ``(i) for the benefit of the designated beneficiary, or ``(ii) to the credit of another designated beneficiary under a qualified tuition program who is a member of the family of the designated beneficiary with respect to which the distribution was made. The preceding sentence shall not apply to any payment or distribution if it applied to any prior payment or distribution during the 12-month period ending on the date of the payment or distribution. ``(5) Transfer to state.--Subject to any outstanding payments due for qualified disability expenses, in the case that the designated beneficiary dies or ceases to be an individual with a disability, all amounts remaining in the qualified ABLE account not in excess of the amount equal to the total medical assistance paid for the designated beneficiary after the establishment of the account, net of any premiums paid from the account or paid by or on behalf of the beneficiary to a Medicaid Buy-In program, under any State Medicaid plan established under title XIX of the Social Security Act shall be distributed to such State upon filing of a claim for payment by such State. For purposes of this paragraph, the State shall be a creditor of an ABLE account and not a beneficiary. Subsection (c)(3) shall not apply to a distribution under the preceding sentence. ``(6) Regulations.--Not later than 6 months after the date of the enactment of this section, the Secretary may prescribe such regulations or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section, including regulations to prevent fraud and abuse with respect to amounts claimed as qualified disability expenses.''. (2) Conforming amendment.--Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986 such Code is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``and'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) section 529(d) by reason of 529(f) (relating to ABLE accounts).''. (b) Annual Reports.-- (1) In general.--The Secretary of the Treasury shall report annually to Congress on the usage of ABLE accounts under section 529(f) of the Internal Revenue Code of 1986. (2) Contents of report.--Any report under paragraph (1) shall include-- (A) the number of people with an ABLE account, (B) the total amount of contributions to such accounts, (C) the total amount and nature of distributions from such accounts, (D) issues relating to the abuse of such accounts, if any, and (E) the amounts repaid from such accounts to State Medicaid programs established under title XIX of the Social Security Act. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. TREATMENT OF ABLE ACCOUNTS UNDER CERTAIN FEDERAL PROGRAMS. (a) Account Funds Disregarded for Purposes of Certain Other Means- Tested Federal Programs.--Notwithstanding any other provision of Federal law that requires consideration of 1 or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such provision to be provided to or for the benefit of such individual, any amount (including earnings thereon) in any ABLE account (as defined in section 529(f) of the Internal Revenue Code of 1986) of such individual, and any distribution for qualified disability expenses (as defined in paragraph (3) of such section) shall be disregarded for such purpose with respect to any period during which such individual maintains, makes contributions to, or receives distributions from such ABLE account, except that, in the case of the supplemental security income program under title XVI of the Social Security Act, a distribution for housing expenses (as defined in subparagraph (B)(ii) of such paragraph) shall not be so disregarded, and in the case of such program, only the 1st $100,000 of the amount (including such earnings) in such ABLE account shall be so disregarded. (b) Suspension of SSI Benefits During Periods of Excessive Account Funds.-- (1) In general.--The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the ABLE account (as defined in section 529(f) of the Internal Revenue Code of 1986) of the individual not disregarded under subsection (a) of this section. (2) No impact on medicaid eligibility.--An individual who would be receiving payment of such supplemental security income benefits but for the application of the previous sentence shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits.", "summary": "Achieving a Better Life Experience Act of 2011 or the ABLE Act of 2011 - Amends the Internal Revenue Code to establish tax-exempt ABLE accounts to assist an individual with a disability in building an account to pay for qualified disability expenses. Defines \"qualified disability expenses\" to include expenses for education, a primary residence, transportation, obtaining and maintaining employment, health and wellness, and other personal support expenses. Treats a qualified ABLE program and an ABLE account in the same manner as a qualified tuition program for income tax purposes (i.e., allowing a tax exemption for such program and an exclusion from gross income of amounts attributable to a contributor to or a beneficiary of a program account). Defines \"qualified ABLE program\" as a program established and maintained by a state agency under which a person may make contributions to an ABLE account established to pay for qualified disability expenses. Requires amounts in ABLE accounts to be disregarded in determining eligibility for Medicaid and other means-tested federal programs. Suspends the payment of supplemental security income benefits under title XVI (Supplemental Security Income) of the Social Security Act to an individual during any period in which such individual has excess resources attributable to an ABLE account."}
{"article": "SECTION 1. SHORT TITLE. That this Act may be cited as the ``Reserve Account for Administrative Savings Act of 1993''. SEC. 2. GOVERNMENT EFFICIENCY RESERVE ACCOUNTS. Subchapter II of chapter 15 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 1520. Special rule for apportioning salaries and expenses within an appropriation ``(a) All appropriations for salaries and expenses shall be apportioned as necessary to carry out this section. ``(b)(1) Except as provided by paragraph (2), in apportioning any appropriation for salaries and expenses for a fiscal year under this section, a reserve shall be established in an amount that is equal to 5 percent of the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year. ``(2) The size of each reserve to be established under paragraph (1) for a fiscal year shall (if applicable) be reduced by a dollar amount equal to the amount by which that fiscal year's appropriation for salaries and expenses is less than the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year. ``(c) Each appropriation subject to this section shall be apportioned by the appropriate official referred to in section 1513 and within the applicable time parameters set forth in that section. ``(d) The head of each agency that has an appropriation for salaries and expenses for a fiscal year subject to this section shall, within 60 days after the beginning of that fiscal year or within 60 days after the date of enactment of the law by which the appropriation for that fiscal year is made available, whichever occurs later, and after consultation with it chief financial officer and the Deputy Director for Management (or his or her designee) of the Office of Management and Budget, make recommendations to the President of changes in laws or regulations or other changes that should be made to bring about a more efficient and cost-effective operation and thereby reduce salaries and expenditures without jeopardizing any programs that agency administers. ``(e) The President's annual budget submission for a budget year under section 1105(a) shall include a special message which sets forth on an agency-by-agency basis a recommendation for the current fiscal year of whether-- ``(1) for the programs that agency administers to be maintained at a proper administrative level the release of all or part of those funds held in reserve under subsection (b) is necessary; ``(2) those programs can function effectively at reduced levels and the funds held in reserve under subsection (b) should be rescinded and returned to the Treasury; or ``(3) supplemental appropriations for other programs are necessary and can be offset by rescissions of the funds held in reserve under subsection (b). If that special message recommends the option set forth in paragraph (1) for any agency, then the President shall include with that special message a bill that, if enacted, would release specified amounts of funds held in reserve under subsection (b) as set forth in that bill. ``(f) Except to the extent that a law is enacted under section 1521 requiring the release of all or part of the money reserved under subsection (b), on August 1 of the calendar year during which a fiscal year ends, all funds held in any reserve under subsection (b) respecting that fiscal year are hereby rescinded and shall be promptly returned to the general fund of the Treasury. ``Sec. 1521. Fast-track supplemental appropriation of amounts not to exceed aggregate amount rescinded under section 1520 ``(a)(1) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under section 1520(e), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(2) The bill shall be referred to the Committee on Appropriations of the House of Representatives. The committee shall report the bill with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(3) During consideration under this subsection, any Member of the House of Representatives may move to strike any provision of the bill or offer an amendment to reduce any amount proposed to be released. ``(4) A vote on final passage of the bill shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(5)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. ``(6)(A) A bill transmitted to the Senate pursuant to paragraph (4) shall be referred to its Committee on Appropriations. The committee shall report the bill with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) During consideration under this subsection, any Member of the Senate may move to strike any provision of the bill or offer an amendment to reduce any amount proposed to be released. ``(C) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th legislative day of the Senate after the date on which the bill is transmitted. If the bill is passed in the Senate without amendment, the Secretary of the Senate shall cause the engrossed bill to be returned to the House of Representatives. ``(7)(A) A motion in the Senate to proceed to the consideration of a bill under this subsection shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this subsection is not debatable. A motion to recommit a bill under this section is not in order. ``(b) Amendments and Divisions.--No amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate except an amendment to strike a provision of the bill or to reduce an amount proposed to be restored by the bill. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(c) Requirement to Make Available for Obligation.--Any amount of budget authority proposed to be restored in a special message transmitted to Congress under section 1520(e) shall be made available for obligation on the day after the date on which the bill proposing to restore such amount of budget authority is enacted into law unless it has been automatically rescinded under that section. ``(d) Definition.--For purposes of this section, the term `legislative day' means, with respect to either House of Congress, any day during which that House is in session.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall only apply to fiscal years 1994, 1995, 1996, 1997, and 1998 and shall have no force or effect after September 30, 1998.", "summary": "Reserve Account for Administrative Savings Act of 1993 - Amends Federal law to require that appropriated salaries and expenses be apportioned. Requires the establishment of reserve accounts equal to five percent of the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year. Provides procedures for such funds to be permanently rescinded, released and spent, or used to offset supplemental appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Governors Island Preservation and Development Act of 1998''. SEC. 2. GOVERNORS ISLAND COMMISSION. Title I of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 751 et seq.) is amended by adding at the end the following: ``SEC. 113. GOVERNORS ISLAND COMMISSION. ``(a) Establishment.--There is established a commission to be known as the `Governors Island Commission' (referred to in this section as the `Commission'). ``(b) Membership.-- ``(1) In general.--The Commission shall be composed of 11 members, of whom-- ``(A) 1 shall be the Administrator of General Services (or a designee); ``(B) 1 shall be the Secretary of the Interior (or a designee); ``(C) 1 shall be the Commandant of the Coast Guard (or a designee); and ``(D) 8 shall be individuals appointed by the President not later than 60 days after the date of enactment of this section, of whom-- ``(i) 2 shall be appointed from among individuals recommended, not later than 30 days after the date of enactment of this section, by the Governor of the State of New York; ``(ii) 2 shall be appointed from among individuals recommended, not later than 30 days after the date of enactment of this section, by the mayor of the city of New York, New York; ``(iii) 1 shall be appointed from among individuals recommended, not later than 30 days after the date of enactment of this section, by the speaker of the city council of the city of New York, New York; ``(iv) 1 shall be a representative of a national historic preservation organization; and ``(v) 2 shall be other individuals that meet the qualifications stated in paragraph (3). ``(2) Failure to make recommendations.--If the Governor of the State of New York, mayor of the city of New York, New York, or speaker of the city council of the city of New York, New York, fails to submit recommendations under clause (i), (ii), or (iii) of paragraph (1)(D) on or before the date that is 30 days after the date of enactment of this section, the President shall proceed expeditiously to appoint a member or members, as the case may be, under that clause and may do so without regard to any recommendation that may be made under that clause after that date. ``(3) Qualifications to be considered.--In appointing members of the Commission under paragraph (1), the President shall consider New York State residents residing in the metropolitan New York City area with expertise in economic development, the real estate industry, the environment, tourism, education, historic properties, and civic undertakings. ``(c) Chairperson.--The Administrator of General Services shall serve as chairperson of the Commission. ``(d) Compensation; Travel Expenses.-- ``(1) In general.--Subject to paragraph (2), a member of the Commission shall serve without compensation. ``(2) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. ``(e) Administrative Support Services.--The Administrator of General Services and the heads of other Federal, State, and local public agencies represented on the Commission shall provide such administrative and other support services and facilities as the Commission may require to perform the duties of the Commission. ``(f) Duties.--The Commission shall-- ``(1) conduct meetings and hold hearings in accordance with subsection (g); ``(2) consider each plan for the disposition of Governors Island, New York, that any person or entity may submit to the Commission; and ``(3) not later than 180 days after the date on which all of the members of the Commission have been appointed, submit to the President a recommendation for the disposition of Governors Island, New York. ``(g) Meetings; Hearings.-- ``(1) Meetings.--The Commission shall conduct its first meeting not later than the date that is 15 days after the date on which all of the members of the Commission have been appointed and at such other times as the chairperson shall direct. ``(2) Hearings.--The Commission shall conduct at least 4 hearings at which members of the public shall be entitled to present views on the appropriate disposition of Governors Island. ``(3) Location.--All meetings and hearings conducted by the Commission shall be conducted in the city of New York, New York. ``(h) Recommendation.--The recommendation of the Commission for disposition of Governors Island shall include specific proposals for-- ``(1) the retention of ownership, in whole or in part, by the United States or the sale or transfer to State, city, or local public or private entities of all of or portions of the Island; ``(2) the rehabilitation, maintenance, and management of structures of national historic significance by the National Park Service or other public or private entities; ``(3) the use of portions of the Island for commercial activities, recreational activities, or private or public educational or residential purposes and other uses; ``(4) the appropriate proportions of Federal, State, and local public and private transitional funding and other assistance that will be required to make the recommended disposition economically feasible; ``(5) waiver of any provision of this Act or any other law the application of which the Commission determines would preclude or unduly interfere with the optimum future use of Governors Island; and ``(6) any Federal, State, or local legislation or regulation that may be necessary to allow implementation of the recommendation. ``(i) Implementation.--Notwithstanding or any other provision of this Act or any other law-- ``(1) the President shall have authority to implement a recommendation under subsection (f)(2); and ``(2) not later than 30 days after the date on which the Commission submits the recommendation, the President shall proceed to implement the recommendation, with such modifications as the President considers appropriate. ``(j) Termination.--The Commission shall cease to exist on the date that is 30 days after the date on which the Commission submits a recommendation under subsection (f)(2).''. SEC. 3. REPEAL. The Balanced Budget Act of 1997 is amended by striking section 9101 (111 Stat. 670). SEC. 4. TRANSFER OF SIGNIFICANT HISTORIC STRUCTURES TO THE NATIONAL PARK SERVICE. (a) In General.--Administrative jurisdiction over the structures described in subsection (b) and adjacent grounds is transferred to the Secretary of the Interior, acting through the Director of the National Park Service (referred to in this section as the ``Secretary''). (b) Historic Structures.--The structures referred to in subsection (a) are the following structures on Governors Island, New York: (1) Castle Williams. (2) Fort Jay. (3) The Admiral's Headquarters. (4) The Governor's House. (5) The Block House. (c) Plan.--Not later than the date on which the Governors Island Commission submits its recommendation to the President under section 113(f)(2) of the Federal Property and Administrative Services Act of 1949, as added by section 2, the Secretary shall submit to Congress a plan for inclusion of the structures described in subsection (b) in the National Park System. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated, for maintenance and preservation of Governors Island and its structures by the Coast Guard and the National Park Service-- (1) $12,000,000 for fiscal year 1999; and (2) such sums as are necessary for fiscal year 2000 and each fiscal year thereafter.", "summary": "Governors Island Preservation and Development Act of 1998 - Establishes the Governors Island Commission to: (1) conduct meetings and hold hearings in accordance with this Act; (2) consider each plan for the disposition of Governors Island, New York, that any person or entity may submit to the Commission; and (3) within 180 days after all of the members of the Commission have been appointed, submit to the President a recommendation for the disposition of Governors Island, New York. Repeals provisions of the Balanced Budget Act of 1997 providing for the sale of the Island. Provides for the transfer of administrative jurisdiction to the Secretary of the Interior, acting through the Director of the National Park Service, over the following structures and adjacent grounds on: (1) Castle Williams; (2) Fort Jay; (3) the Admiral's Headquarters; (4) the Governor's House; and (5) the Block House. Requires the Secretary of the Interior to submit to the Congress a plan for inclusion of the structures in the National Park System by the date on which the Commission submits its recommendation to the President. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lupus Research and Care Amendments of 2000''. SEC. 2. FINDINGS. The Congress finds that-- (1) lupus is a serious, complex, inflammatory, autoimmune disease of particular concern to women; (2) lupus affects women nine times more often than men; (3) there are three main types of lupus: systemic lupus, a serious form of the disease that affects many parts of the body; discoid lupus, a form of the disease that affects mainly the skin; and drug-induced lupus caused by certain medications; (4) lupus can be fatal if not detected and treated early; (5) the disease can simultaneously affect various areas of the body, such as the skin, joints, kidneys, and brain, and can be difficult to diagnose because the symptoms of lupus are similar to those of many other diseases; (6) lupus disproportionately affects African-American women, as the prevalence of the disease among such women is three times the prevalence among white women, and an estimated 1 in 250 African-American women between the ages of 15 and 65 develops the disease; (7) it has been estimated that between 1,400,000 and 2,000,000 Americans have been diagnosed with the disease, and that many more have undiagnosed cases; (8) current treatments for the disease can be effective, but may lead to damaging side effects; (9) many victims of the disease suffer debilitating pain and fatigue, making it difficult to maintain employment and lead normal lives; and (10) in fiscal year 1996, the amount allocated by the National Institutes of Health for research on lupus was $33,000,000, which is less than one-half of 1 percent of the budget for such Institutes. TITLE I--RESEARCH ON LUPUS SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES. Subpart 4 of part C of title IV of the Public Health Service Act (42 U.S.C. 285d et seq.) is amended by inserting after section 441 the following section: ``lupus ``Sec. 441A. (a) In General.--The Director of the Institute shall expand and intensify research and related activities of the Institute with respect to lupus. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to lupus. ``(c) Programs for Lupus.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus. Activities under such subsection shall include conducting and supporting the following: ``(1) Research to determine the reasons underlying the elevated prevalence of lupus in women, including African- American women. ``(2) Basic research concerning the etiology and causes of the disease. ``(3) Epidemiological studies to address the frequency and natural history of the disease and the differences among the sexes and among racial and ethnic groups with respect to the disease. ``(4) The development of improved diagnostic techniques. ``(5) Clinical research for the development and evaluation of new treatments, including new biological agents. ``(6) Information and education programs for health care professionals and the public. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2003.''. TITLE II--DELIVERY OF SERVICES REGARDING LUPUS SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS. (a) In General.--The Secretary of Health and Human Services shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost- efficient systems for the delivery of essential services to individuals with lupus and their families. (b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity. (c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the diagnosis and disease management of lupus. Activities that the Secretary may authorize for such projects may also include the following: (1) Delivering or enhancing outpatient, ambulatory, and home-based health and support services, including case management and comprehensive treatment services, for individuals with lupus; and delivering or enhancing support services for their families. (2) Delivering or enhancing inpatient care management services that prevent unnecessary hospitalization or that expedite discharge, as medically appropriate, from inpatient facilities of individuals with lupus. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with lupus and support services for their families. (d) Integration With Other Programs.--To the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330 of the Public Health Service Act. SEC. 202. CERTAIN REQUIREMENTS. A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. (2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of lupus. (3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. SEC. 203. TECHNICAL ASSISTANCE. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. SEC. 204. DEFINITIONS. For purposes of this title: (1) The term ``official poverty line'' means the poverty line established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. (2) The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this title, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2003. Passed the House of Representatives October 10, 2000. Attest: Clerk.", "summary": "Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women.Authorizes appropriations.Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Requires the Secretary of Health and Human Services to: (1) ensure that grant projects provide services for lupus diagnosis and disease management; and (2) integrate such projects with other grant programs carried out by the Secretary. Authorizes technical assistance. Authorizes appropriations."}
{"article": "SECTION 1. PREPAYMENT OF DEVELOPMENT COMPANY 0DEBENTURES. (a) In General.--Title V of the Small Business Investment Act of 1958 (15 U.S.C. 695, et seq.) is amended by adding at the end the following new section: ``SEC. 507. PREPAYMENT OF DEVELOPMENT COMPANY DEBENTURES. ``(a) In General.--(1) If the requirements of subsection (b) are met and subject to the availability of appropriations, the issuer of a debenture purchased by the Federal Financing Bank and guaranteed by the Administration under section 503 may, at the election of the borrower whose loan secures such debenture and with the approval of the Administration, prepay such debenture by paying to the Federal Financing Bank the amount that is equal to the sum of the unpaid principal balance due on the debenture on the date of the prepayment (plus accrued interest at the coupon rate on the debenture) and the amount of the repurchase premium described in paragraph (2)(A). The Administration shall pay to the Federal Financing Bank the difference between the repurchase premium paid by the issuer of the debenture under this subsection and the repurchase premium that the Federal Financing Bank would otherwise have received. ``(2)(A) The amount of the repurchase premium described in this paragraph is the product of-- ``(i) the unpaid principal balance due on the debenture on the date of prepayment; ``(ii) the interest rate of the debenture; and ``(iii) the factor `P', as determined under subparagraph (B). ``(B) for purposes of subparagraph (A)(iii), the factor `P' means the applicable percent determined in accordance with the following table: ------------------------------------------------------------------------ Applicable percent ``Year in which prepayment of --------------------------------------- debenture is made (from date of 10-year 15-year 20-year 25-year original issuance) term term term term loan loan loan loan ------------------------------------------------------------------------ 1............................... 1.00 1.00 1.00 1.00 2............................... .80 .85 .90 .92 3............................... .60 .70 .80 .84 4............................... .40 .55 .70 .76 5............................... .20 .40 .60 .68 6............................... 0 .25 .50 .60 7............................... 0 .10 .40 .52 8............................... 0 0 .30 .44 9............................... 0 0 .20 .36 10.............................. 0 0 .10 .28 11.............................. 0 0 0 .20 12.............................. 0 0 0 .12 13.............................. 0 0 0 .04 14 through 25................... 0 0 0 0 ------------------------------------------------------------------------ ``(b) Requirements.--The requirements of this subsection are met if-- ``(1) the debenture is outstanding and neither the loan that secures the debenture nor the debenture is in default on the date the prepayment is made; ``(2) State or personal funds, which may include refinancing under the programs authorized by sections 504 and 505 of this Act, are used to prepay the debenture; and ``(3) the issuer certifies that the benefits, net of fees and expenses authorized herein, associated with prepayment of the debenture are entirely passed through to the borrower. ``(c) No fees or penalties other than those specified in this section may be imposed as a condition of such prepayment against the issuer or the borrower, or the Administration or any fund or account administered by the Administration, except as provided in this Act. ``(d) The refinancing of debentures authorized by paragraph (b)(2) of this section under section 504 of this Act shall be limited to only such amounts as are needed to prepay existing debentures and shall be subject to all of the other provisions of sections 504 and 505 of this Act and the rules and regulations of the Administration promulgated thereunder, including, but not limited to, rules and regulations governing payment of authorized expenses and commissions, fees and discounts to brokers and dealers in trust certificates issued pursuant to section 505: Provided, however, That no applicant for refinancing under section 504 of this Act need demonstrate that a requisite number of jobs will be created with the proceeds of such refinancing.'' Sec. 2. (a) The provisions of this Act are exercisable at the option of the borrower. (b) Any new credit or spending authority provided for in this Act is subject to amounts provided in advance in appropriations Acts. (c) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. (d) Within 30 days of the effective date of this Act, the Administration shall promulgate such regulations as are necessary, including establishing an order of priority to accomplish the provisions of this Act. (e) Subsection 504(b) of this Act is hereby repealed, subsection 504(a) is renumbered as section 504, and paragraphs (1) through (3) of subsection 504(a) are renumbered as subsections 504 (a) through (c).", "summary": "Amends the Small Business Investment Act of 1958 to permit a qualified State or local development company that issues a debenture purchased by the Federal Financing Bank and guaranteed by the Small Business Administration, at the election of the small business borrower whose loan secures such debenture and with the Administrators approval, to prepay the debenture by payment to the Bank of the unpaid principal balance, accrued interest, and repurchase premium amount (as determined under this Act). Prohibits any fees or penalties from being imposed against the issuer, borrower, or the Administration as a condition of prepayment under this Act. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Beaches Environmental Assessment, Closure, and Health Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Nation's beaches and coastal recreation waters are valuable public resources used for recreation by millions of people annually; (2) the beaches of coastal States are hosts to many out-of- State and international visitors; (3) tourism in the coastal zone generates billions of dollars annually; (4) increased population and urbanization of the watershed have contributed to the decline in the environmental quality of coastal waters; (5) pollution in coastal waters is not restricted by State and other political boundaries; (6) coastal States have different methods of testing, and parameters for evaluating, the quality of coastal recreation waters, providing varying degrees of protection to the public; (7) the adoption of consistent criteria by coastal States for monitoring and evaluating the quality of coastal recreation waters, and the posting of signs at beaches notifying the public during periods when the standards are exceeded, would enhance public health and safety; and (8) while the adoption of such criteria will enhance public health and safety, exceedances of such criteria should be addressed (for example, as part of a watershed approach to effectively identify and eliminate sources of pollution). (b) Purpose.--The purpose of this Act is to require uniform criteria and procedures for testing, monitoring, and notifying users of those coastal recreation waters and beaches open for use by the public in order to protect public safety and improve environmental quality. SEC. 3. BEACH AND COASTAL RECREATION WATER QUALITY. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``TITLE VII--BEACH AND COASTAL RECREATION WATER QUALITY ``SEC. 701. DEFINITIONS. ``In this title, the following definitions apply: ``(1) Coastal recreation waters.--The term `coastal recreation waters' means waters adjacent to public beaches of the Great Lakes and other marine coastal waters (including bays, lagoon mouths, and coastal estuaries within the tidal zone) used by the public for swimming, bathing, surfing, or other similar water contact activities. ``(2) Floatable materials.--The term `floatable materials' means any foreign matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, paper products, and fishing gear. ``SEC. 702. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY CRITERIA BY STATES. ``(a) General Rule.--A State shall adopt water quality criteria for coastal recreation waters which, at a minimum, are consistent with the criteria published by the Administrator under section 304(a)(1) not later than 3\\1/2\\ years following the date of the enactment of this title. Such water quality criteria shall be developed and promulgated in accordance with the requirements of section 303(c). A State shall incorporate such criteria into all appropriate programs into which such State would incorporate other water quality criteria adopted under section 303(c) and revise such criteria not later than 3 years following the date of publication of revisions by the Administrator under section 703(b). ``(b) Failure of States To Adopt.--If a State has not complied with subsection (a) by the last day of the 3\\1/2\\-year period beginning on the date of the enactment of this title, the water quality criteria issued by the Administrator under section 304(a)(1) shall become applicable as the water quality criteria for coastal recreational waters for the State, and shall be deemed to have been promulgated by the Administrator pursuant to section 303(c)(4). ``SEC. 703. REVISIONS TO WATER QUALITY CRITERIA. ``(a) Studies.--After consultation with appropriate Federal, State, and local officials, including local health officials, and other interested persons, but not later than the last day of the 3-year period beginning on the date of the enactment of this Act, the Administrator shall conduct, in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, studies to provide additional information to the current base of knowledge for use in developing-- ``(1) a more complete list of potential human health risks from inhalation, ingestion, or body contact with coastal recreation waters, including effects to the upper respiratory system; ``(2) appropriate and effective indicators for improving direct detection of the presence of pathogens that are harmful to human health in coastal recreational waters; ``(3) appropriate, accurate, and expeditious methods (including predictive models) for detecting the presence of pathogens, harmful to human health, found in coastal recreation waters; and ``(4) guidance for the State-to-State application of the criteria to be issued under subsection (b) to account for the diversity of geographic and aquatic conditions nationwide. ``(b) Revised Criteria.--Based on the results of the studies conducted under subsection (a), the Administrator, after consultation with appropriate Federal, State, and local officials, including local health officials, and other interested persons, shall-- ``(1) issue, within 5 years after the date of the enactment of this title, revised water quality criteria for pathogens in coastal recreation waters that are harmful to human health, including a revised list of indicators and testing methods; and ``(2) review and revise such criteria from time to time thereafter, but in no event less than once every 5 years. ``SEC. 704. COASTAL BEACH WATER QUALITY MONITORING. ``(a) Monitoring.--Within 18 months after the date of enactment of this title, the Administrator shall publish regulations requiring monitoring by States of those coastal recreation waters and beaches open for use by the public for compliance with applicable water quality criteria and protection of public safety. Monitoring requirements established pursuant to this subsection shall specify, at a minimum-- ``(1) available monitoring methods to be used by States; ``(2) the frequency and location of monitoring based on-- ``(A) the periods of recreational use of such waters; ``(B) the extent and degree of use during such periods; and ``(C) the proximity of coastal recreation waters to known or identified point and nonpoint sources of pollution and in relation to storm events; ``(3) methods for detecting levels of pathogens that are harmful to human health and for identifying short-term increases in pathogens that are harmful to human health in coastal recreation waters, including in relation to storm events; and ``(4) conditions and procedures under which discrete areas of coastal recreation waters may be exempted by the Administrator from the monitoring requirements of this subsection, if the Administrator determines that an exemption will not impair compliance with the applicable water quality criteria for those waters and protection of public safety. ``(b) Notification.-- ``(1) Requirement.--Regulations published pursuant to subsection (a) shall require States to provide prompt notification to local governments, the public, and the Administrator of an exceedance of applicable water quality criteria for State coastal recreation waters or the immediate likelihood of such an exceedance. ``(2) Contents.--Notification pursuant to this subsection shall include, at a minimum-- ``(A) prompt communication of the occurrence, nature, extent, location, and substances (including pathogens) of such an exceedance, or the immediate likelihood of such an exceedance, to a designated official of a local government having jurisdiction over land adjoining the coastal recreation waters for which an exceedance is identified; and ``(B) posting of signs for the period during which the exceedance continues, sufficient to give notice to the public of an exceedance of applicable water quality criteria for such waters and the potential risks associated with water contact activities in such waters. ``(c) Review and Revision of Regulations.--The Administrator shall review and revise regulations published pursuant to this section periodically, but in no event less than once every 5 years. ``(d) State Implementation.--A State must implement a monitoring and notification program that conforms to the regulations issued pursuant to subsections (a) and (b) not later than 3\\1/2\\ years after the date of the enactment of this title and revise such program not later than 2 years following the date of publication of revisions by the Administrator under subsection (c). ``(e) Delegation of Responsibility.--Not later than 18 months after the date of the enactment of this title, the Administrator shall issue guidance establishing core performance measures for testing, monitoring, and notification programs and the delegation of such programs under this section to local government authorities. In the case that such responsibilities are delegated by a State to a local government authority, or have been delegated to a local government authority before such date of enactment, in a manner that, at a minimum, is consistent with the guidance issued by the Administrator, State resources, including grants made under section 706, shall be made available to the delegated authority for the purpose of program implementation. ``(f) Floatable Materials Monitoring Procedures.--The Administrator shall provide technical assistance to States for the implementation of uniform assessment and monitoring procedures for floatable materials in coastal recreation waters and specify the conditions under which the presence of floatable material will constitute a threat to public health and safety. ``(g) Occurrence Database.--The Administrator shall establish, maintain, and make available to the public by electronic and other means-- ``(1) a national coastal recreation water pollution occurrence database, using reliable information, including that reported under subsection (b); and ``(2) a listing of those communities complying with the regulations issued under subsections (a) and (b). ``SEC. 705. REPORT TO CONGRESS. ``Not later than 4 years after the date of the enactment of this title, and periodically thereafter, the Administrator shall submit to Congress a report including-- ``(1) recommendations concerning the need for additional water quality criteria and other actions needed to improve the quality of coastal recreation waters; and ``(2) an evaluation of State efforts to implement this title. ``SEC. 706. GRANTS TO STATES. ``(a) Grants.--The Administrator may make grants to States for use in fulfilling requirements established pursuant to sections 702 and 704. ``(b) Cost Sharing.--The total amount of grants to a State under this section for a fiscal year shall not exceed 50 percent of the cost to the State of implementing requirements established pursuant to sections 702 and 704. ``(c) Eligible State.--After the last day of the 3\\1/2\\-year period beginning on the date of the enactment of this title, the Administrator may make a grant to a State under this section only if the State demonstrates to the satisfaction of the Administrator that it is implementing its monitoring and notification program under section 704. ``SEC. 707. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Administrator-- ``(1) for use in making grants to States under section 706 not more than $9,000,000 for each of fiscal years 2000 through 2004; and ``(2) for carrying out the other provisions of this title not more than $3,000,000 for each of fiscal years 2000 through 2004.''.", "summary": "Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks from inhalation, ingestion, or body contact, including effects to the upper respiratory system; (2) appropriate and effective indicators and appropriate, accurate, and expeditious methods for detecting the presence of pathogens in coastal recreational waters; and (3) guidance for State-to-State application of the revised water quality criteria for pathogens required to be issued by the Administrator under this Act that accounts for the diversity of geographic and aquatic conditions nationwide. Directs the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments, the public, and the Administrator of exceedances, or the likelihood of exceedances, of water quality criteria for such waters. Requires the Administrator to issue guidance establishing core performance measures for testing, monitoring, and notification programs and for the delegation of such programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated. Directs the Administrator to: (1) provide technical assistance to States for the implementation of uniform assessment and monitoring procedures for floatable materials in such waters; (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety; and (3) establish a national coastal recreation water pollution occurrence database and a listing of communities complying with the monitoring and notification regulations published pursuant to this Act. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Coverage Now Act of 2006''. SEC. 2. EXPEDITING LOW-INCOME SUBSIDIES UNDER THE MEDICARE PRESCRIPTION DRUG PROGRAM. (a) In General.--Section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114) is amended by adding at the end the following new subsection: ``(e) Expedited Application and Eligibility Process.-- ``(1) Expedited process.-- ``(A) In general.--The Secretary shall provide for an expedited process under this subsection for the qualification for low-income assistance under this section through a request by the Secretary to the Secretary of the Treasury as provided in subparagraphs (B) and (C) for information sufficient to identify whether the individual involved is likely eligible for subsidies under this section based on such information and the amount of premium and cost-sharing subsidies for which they would qualify based on such information. Such process shall be conducted in cooperation with the Commissioner of Social Security. ``(B) Opt in for newly eligible individuals.--Not later than 60 days after the date of the enactment of this subsection, the Secretary shall ensure that, as part of the Medicare enrollment process, enrolling individuals-- ``(i) receive information describing the low-income subsidy provided under this section; and ``(ii) are provided the opportunity to opt- in to the expedited process described in this subsection by giving consent for the Secretary to screen the beneficiary for eligibility for such subsidy through a request to the Secretary of the Treasury under section 6103(l)(7) of the Internal Revenue Code of 1986. ``(C) Transition for currently eligible individuals.--In the case of any part D eligible individual to which subparagraph (B) did not apply at the time of such individual's enrollment, the Secretary shall, as soon as practicable after implementation of subparagraph (B), request in writing that the Secretary of the Treasury disclose, pursuant to section 6103(l)(21) of the Internal Revenue Code of 1986, whether such individual has either filed no income tax return or whether such individual's income tax return indicates likely eligibility for the low-income subsidy provided under this section. ``(2) Notification of potentially eligible individuals.-- Under such process, in the case of each individual identified under paragraph (1) who has not otherwise applied for, or been determined eligible for, benefits under this section (or who has applied for and been determined ineligible for such benefits based only on excess resources), the Secretary shall send them a letter (using basic, uncomplicated language) containing the following: ``(A) Eligibility.--A statement that, based on the information obtained under paragraph (1), the individual is likely eligible for low-income subsidies under this section. ``(B) Amount of subsidies.--A description of the amount of premium and cost-sharing subsidies under this section for which the individual would likely be eligible based on such information. ``(C) Enrollment opportunity.--In case the individual is not enrolled in a prescription drug plan or MA-PD plan-- ``(i) a statement that-- ``(I) the individual has the opportunity to enroll in a prescription drug plan or MA-PD plan for benefits under this part, but is not required to be so enrolled; and ``(II) if the individual has creditable prescription drug coverage, the individual need not so enroll; ``(ii) a list of the prescription drug plans and MA-PD plans in which the individual is eligible to enroll; ``(iii) an enrollment form that may be used to enroll in such a plan by mail and that provides that if the individual wishes to enroll but does not designate a plan, the Secretary is authorized to enroll the individual in such a prescription drug plan selected by the Secretary; and ``(iv) a statement that the individual may also enroll online or by telephone, but, in order to qualify for low-income subsidies, the individual must complete the attestation described in subparagraph (D) or otherwise apply for such subsidies. ``(D) Attestation.--A one-page application form that provides for a signed attestation, under penalty of law, as to the amount of income and assets of the individual and constitutes an application for the low- income subsidies described in subparagraph (B). Such form-- ``(i) shall not require the submittal of additional documentation regarding income or assets; ``(ii) shall permit the appointment of a personal representative described in paragraph (6); and ``(iii) may provide for the specification of a language (other than English) that is preferred for subsequent communications with respect to the individual under this part. ``(E) Information on ship.--Information on how the individual may contact the State Health Insurance Assistance Program (SHIP) for the State in which the individual is located in order to obtain assistance regarding enrollment and benefits under this part. If a State is doing its own outreach to low-income seniors regarding enrollment and low-income subsidies under this part, such process shall be coordinated with the State's outreach effort. ``(3) Follow-up communications.--If the individual does not respond to the letter described in paragraph (2) either by making an enrollment described in paragraph (2)(C), completing an attestation described in paragraph (2)(D), or declining either or both, the Secretary shall make additional attempts to contact the individual to obtain such an affirmative response. ``(4) Hold-harmless.--Under such process, if an individual in good faith and the absence of fraud executes an attestation described in paragraph (2)(D) and is provided low-income subsidies under this section on the basis of such attestation, if the individual is subsequently found not eligible for such subsidies, there shall be no recovery made against the individual because of such subsidies improperly paid. ``(5) Use of authorized representative.--Under such process, with proper authorization (which may be part of the attestation form described in paragraph (2)(D)), an individual may authorize another individual to act as the individual's personal representative with respect to communications under this part and the enrollment of the individual under a prescription drug plan (or MA-PD plan) and for low-income subsidies under this section. ``(6) Use of preferred language in subsequent communications.--In the case an attestation described in paragraph (2)(D) is completed and in which a language other than English is specified under clause (iii) of such paragraph, the Secretary shall provide that subsequent communications to the individual under this part shall be in such language. ``(7) Construction.--Nothing in this subsection shall be construed as precluding the Secretary from taking additional outreach efforts to enroll eligible individuals under this part and to provide low-income subsidies to eligible individuals.''. (b) Transitional Disclosure of Return Information for Purposes of Providing Low-Income Subsidies Under Medicare.-- (1) In general.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(21) Transitional disclosure of return information for purposes of providing low-income subsidies under medicare.-- ``(A) In general.--The Secretary, upon written request from the Secretary of Health and Human Services under section 1860D-14(e)(1) of the Social Security Act for an individual described in subparagraph (C) of such section, shall disclose to officers and employees of the Department of Health and Human Services and the Social Security Administration with respect to a taxpayer for the applicable year-- ``(i)(I) whether the adjusted gross income, as modified in accordance with specifications of the Secretary of Health and Human Services for purposes of carrying out such section, of such taxpayer and, if applicable, such taxpayer's spouse, for the applicable year, exceeds the amounts specified by the Secretary of Health and Human Services as indicating likely eligibility for the low-income subsidy provided under section 1860D-14 of such Act, ``(II) whether the return was a joint return, and ``(III) the applicable year, or ``(ii) if applicable, the fact that there is no return filed for such taxpayer for the applicable year. ``(B) Definition of applicable year.--For the purposes of this paragraph, the term `applicable year' means the most recent taxable year for which information is available in the Internal Revenue Service's taxpayer data information systems, or, if there is no return filed for such taxpayer for such year, the prior taxable year. ``(C) Restriction on use of disclosed information.--Return information disclosed under this paragraph may be used only for the purposes of identifying eligible individuals for, and administering-- ``(i) low-income subsidies under section 1860D-14 of the Social Security Act, and ``(ii) the Medicare Savings Program implemented under clauses (i), (iii), and (iv) of section 1902(a)(10)(E) of such Act. ``(D) Termination.--Return information may not be disclosed under this paragraph after the date that is one year after the date of the enactment of this paragraph.''. (2) Confidentiality.--Paragraph (3) of section 6103(a) of such Code is amended by striking ``or (20)'' and inserting ``(20), or (21)''. (3) Procedures and recordkeeping related to disclosures.-- Paragraph (4) of section 6103(p) of such Code is amended by striking ``or (20)'' each place it appears and inserting ``(20), or (21)''. (4) Unauthorized disclosure or inspection.--Paragraph (2) of section 7213(a) of such Code is amended by striking ``or (20)'' and inserting ``(20), or (21)''. SEC. 3. INCREASE IN PERMITTED RESOURCES TO OBTAIN LOW-INCOME SUBSIDIES. (a) Increase in Resource Limits.--Subparagraph (E) of section 1860D-14(a)(3) of the Social Security Act (42 U.S.C. 1395ww-114(a)(3)) is amended-- (1) in subclause (I), by striking ``for 2006'' and inserting ``for months in 2006 before the first day of the first month beginning after the date of the enactment of the Prescription Drug Now Act of 2006'' and by striking ``and'' at the end; (2) by redesignating subclause (II) as subclause (III); (3) by inserting after subclause (I) the following new subclause: ``(II) for months in 2006 beginning with the first month that begins after the date of the enactment of the Prescription Drug Now Act of 2006, $50,000 (or $100,000 in the case of the combined value of the individual's assets or resources and the assets or resources of the individual's spouse); and''; and (4) in the last sentence, by striking ``subclause (II)'' and inserting ``subclause (III)''. (b) Not Counting Value of Life Insurance as Resource.--Such section is further amended-- (1) in subparagraphs (D) and (E), by inserting ``, except as provided in subparagraph (G)'' after ``supplemental security income program''; and (2) by adding at the end the following new subparagraph: ``(G) Exclusion of life insurance in resources.-- For purposes of subparagraphs (D) and (E), the value of a life insurance policy shall not be counted as a resource for months beginning after the date of the enactment of this subparagraph.''. SEC. 4. WAIVER OF LATE ENROLLMENT PENALTY FOR SUBSIDY ELIGIBLE INDIVIDUALS FOR FIRST 24 MONTHS OF NON-ENROLLMENT. Section 1860D-13(b)(3)(B) of the Social Security Act (42 U.S.C. 1395w-113(b)(3)(B)) is amended by inserting before the period at the end the following: ``, except that in the case of a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)) the first 24 uncovered months shall not be counted''.", "summary": "Prescription Coverage Now Act of 2006 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Service to provide for an expedited process for the qualification for low-income assistance through a request to the Secretary of the Treasury for tax return and other information sufficient to identify: (1) whether the individual involved is likely eligible for subsidies; and (2) the amount of premium and cost-sharing subsidies for which they would qualify based on such information. Increases the maximum permissible resource level for subsidy eligibility. Waives the late enrollment penalty for subsidy-eligible individuals for the first 24 months of non-enrollment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S. Agricultural Sector Relief Act of 2012''. SEC. 2. ENSURING THE AVAILABILITY OF METHYL BROMIDE FOR CRITICAL USES. (a) Critical Use Exemptions and Emergency Events.--Subsection (h) of section 604 of the Clean Air Act (42 U.S.C. 7671c(h)) is amended-- (1) by striking ``Notwithstanding'' and inserting the following: ``(1) In general.--Notwithstanding''; and (2) by adding at the end the following new paragraph: ``(2) Critical use exemptions and emergency events.-- ``(A) Critical use exemptions.-- ``(i) In general.--For each calendar year, beginning with 2013, the Administrator, pursuant to an application submitted by any person, shall take all appropriate actions within the authority of the Environmental Protection Agency to seek a critical use exemption under the Montreal Protocol in order to allow the production, importation, and consumption of methyl bromide-- ``(I) for any use of methyl bromide that-- ``(aa) is an approved critical use; and ``(bb) is determined by the Administrator to be a critical use for the applicant; and ``(II) in the amount necessary for the use described in subclause (I). ``(ii) Applications.--The Administrator shall not deny any application referred to in clause (i), or reduce the amount requested under any such application, unless the Administrator-- ``(I) has substantial evidence to establish that there is a technically and economically feasible alternative available to the applicant for the use of methyl bromide for which the application was submitted; and ``(II) provides such evidence to the applicant in writing. ``(iii) Alternatives.--The Administrator, when evaluating the technical and economic feasibility of any alternative pursuant to clause (ii), shall consider-- ``(I) cost and commercial availability of the alternative to the applicant; ``(II) demonstrated effectiveness of the alternative for the applicant's specific intended use; ``(III) demonstrated effectiveness of the alternative in the geographic region of the applicant's intended use; and ``(IV) State or local regulations that may restrict use of the alternative for the applicant's intended use. ``(B) Emergency events.-- ``(i) In general.--For each calendar year, beginning with 2013, the Administrator, pursuant to an application submitted by any person, shall allow the production, importation, and consumption in the United States of methyl bromide-- ``(I) for any use described in subparagraph (A)(i)(I) in response to an emergency event; and ``(II) in an amount necessary for such use. ``(ii) Limits on use per emergency event.-- The amount of methyl bromide allowed pursuant to clause (i) for use per emergency event at a specific location shall not exceed 20 metric tons. ``(iii) Limit on aggregate amount.--The aggregate amount of methyl bromide allowed pursuant to clause (i) for use in the United States in a calendar year shall not exceed the total amount authorized by the parties to the Montreal Protocol pursuant to the Montreal Protocol process for critical uses in the United States in calendar year 2011. ``(C) International obligations.--The Administrator shall take such actions as may be necessary to carry out this paragraph in accordance with the Montreal Protocol. ``(D) Research.--For each calendar year, beginning with 2013, the Administrator shall take all appropriate actions within the authority of the Environmental Protection Agency to ensure that sufficient quantities of methyl bromide are available for research on methyl bromide alternatives for the agricultural sector. ``(E) Adjustments to critical use nominations.--The Administrator shall review and, as appropriate, take action to adjust any critical use nomination that has been submitted to the Parties to the Montreal Protocol (for production, importation, or consumption of methyl bromide in the United States) if-- ``(i) a methyl bromide alternative is removed from the United States market; and ``(ii) on the basis of the availability of such alternative, the Administrator denied, or reduced the amount requested under, any application for production, importation, or consumption of methyl bromide for the year covered by such nomination. ``(F) Definitions.--In this paragraph: ``(i) The term `approved critical use' means a use that-- ``(I) as of January 1, 2005, was an approved critical use in appendix L to subpart A of part 82 of title 40, Code of Federal Regulations; or ``(II) during the period following such date and ending on the date of enactment of this clause, was added as an approved critical use in such appendix. ``(ii) The term `critical use' means a circumstance in which-- ``(I) there are no technically and economically feasible alternatives or substitutes for methyl bromide available that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances involved; and ``(II) the lack of availability of methyl bromide for a particular use would result in significant market disruption. ``(iii) The term `emergency event' means a situation-- ``(I) that occurs at a farm, nursery, food processing facility, or commodities storage facility; ``(II) for which there is no critical use exemption in effect for such site, or for which there are not sufficient quantities of methyl bromide available under an existing critical use exemption for such site, as described in subparagraph (A); and ``(III) that requires the use of methyl bromide to control a pest or disease because there is no technically and economically feasible alternative to methyl bromide available for such use.''. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, acting through the Director of the Office of Pesticide Programs, and in consultation with the Secretary of Agriculture, shall-- (1) issue such final regulations as may be necessary to implement the amendment made by subsection (a); and (2) include in such regulations-- (A) criteria for identifying an emergency event, as defined in section 604(h)(2)(D)(iii) of the Clean Air Act, as added by such amendment; and (B) provisions to ensure that each application for use of methyl bromide in response to an emergency event under section 604(h)(2)(B) of the Clean Air Act, as added by such amendment, is approved or disapproved in a timely manner.", "summary": "U.S. Agricultural Sector Relief Act of 2012 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA), pursuant to an application submitted by any person, to seek a critical use exemption under the Montreal Protocol to allow the production, importation, and consumption of methyl bromide: (1) for any approved critical use that is determined by the Administrator to be a critical use for the applicant, and (2) in the amount necessary for such use. Prohibits the Administrator from denying such an application or reducing the amount requested unless the Administrator: (1) has substantial evidence that there is a technically and economically feasible alternative available to the applicant for such use of methyl bromide, and (2) provides such evidence to the applicant in writing. Requires the Administrator, when evaluating the technical and economic feasibility of any alternative, to consider: (1) cost and commercial availability of the alternative, (2) demonstrated effectiveness of the alternative for the applicant's specific intended use, (3) demonstrated effectiveness of the alternative in the geographic region of the applicant's intended use, and (4) state or local regulations that may restrict use of the alternative for the applicant's intended use. Requires the Administrator, pursuant to an application, to allow the production, importation, and consumption of methyl bromide for any approved critical use in response to an emergency event, in an amount necessary for such use, not to exceed: (1) per emergency event at a specific location, 20 metric tons, or (2) in the aggregate for emergency use in the United Sates in a year, the total amount authorized pursuant to the Montreal Protocol process for critical uses in the United States in calendar year 2011. Requires the Administrator to ensure that sufficient quantities of methyl bromide are available for research on methyl bromide alternatives for the agricultural sector. Requires the Administrator to review and adjust as appropriate, any critical use nomination for production, importation, or consumption of methyl bromide in the United States that has been submitted to the Parties to the Montreal Protocol if: (1) a methyl bromide alternative is removed from the U.S. market; and (2) on the basis of the availability of such alternative, the Administrator denied, or reduced the amount requested under, any application for production, importation, or consumption of methyl bromide for the year covered by such nomination."}
{"article": "of September 29, 1969 (Public Law 1, 2 42 U.S.C. 2461 91-76)........................................... National Aeronautics and Space Administration 6 42 U.S.C. 2463 Authorization Act, 1978 (Public Law 95-76)....... National Aeronautics and Space Administration 106(a) 42 U.S.C. 2464 Authorization Act, 1983 (Public Law 97-324)...... National Aeronautics and Space Administration 201 42 U.S.C. 2466 Authorization Act of 1986 (Public Law 99-170).... 202 42 U.S.C. 2466a 203 42 U.S.C. 2466b 204 42 U.S.C. 2466c National Space Grant College and Fellowship Act 202 42 U.S.C. 2486 (Title II of Public Law 100-147)................. 203 42 U.S.C. 2486a 204 42 U.S.C. 2486b 205 42 U.S.C. 2486c 206 42 U.S.C. 2486d 207 42 U.S.C. 2486e 208 42 U.S.C. 2486f 209 42 U.S.C. 2486g 210 42 U.S.C. 2486h 211 42 U.S.C. 2486i 213 42 U.S.C. 2486k 214 42 U.S.C. 2486l Department of Housing and Urban Development-- (par. under heading 42 U.S.C. 2467 Independent Agencies Appropriations Act, 1989 ``Science, Space, and (Public Law 100-404)............................. Technology Education Trust Fund'', at 102 Stat. 1028) Departments of Veterans Affairs and Housing and (pars. under heading ``Small 42 U.S.C. 2473b Urban Development, and Independent Agencies and Disadvantaged Business'', Appropriations Act, 1990 (Public Law 101-144).... at 103 Stat. 863) National Aeronautics and Space Administration 112 42 U.S.C. 2465a Authorization Act, Fiscal Year 1991 (Public Law 101-611)......................................... 123 (not previously classified) 203 42 U.S.C. 2465c 206 42 U.S.C. 2465f Departments of Veterans Affairs and Housing and (1st par. under heading 42 U.S.C. 2459d Urban Development, and Independent Agencies ``Administrative Appropriations Act, 1992 (Public Law 102-139).... Provisions'', at 105 Stat. 771) National Aeronautics and Space Administration 19 42 U.S.C. 2459e Authorization Act, Fiscal Year 1992 (Public Law 102-195)......................................... 20 42 U.S.C. 2467a 21 42 U.S.C. 2473c Land Remote Sensing Policy Act of 1992 (Public Law 2 15 U.S.C. 5601 102-555)......................................... 3 15 U.S.C. 5602 101 15 U.S.C. 5611 102 15 U.S.C. 5612 103 15 U.S.C. 5613 104 15 U.S.C. 5614 105 15 U.S.C. 5615 201 15 U.S.C. 5621 202 15 U.S.C. 5622 203 15 U.S.C. 5623 204 15 U.S.C. 5624 205 15 U.S.C. 5625 301 15 U.S.C. 5631 302 15 U.S.C. 5632 303 15 U.S.C. 5633 401 15 U.S.C. 5641 501 15 U.S.C. 5651 502 15 U.S.C. 5652 503 15 U.S.C. 5653 504 15 U.S.C. 5654 505 15 U.S.C. 5655 506 15 U.S.C. 5656 507 15 U.S.C. 5657 508 15 U.S.C. 5658 601 15 U.S.C. 5671 602 15 U.S.C. 5672 National Aeronautics and Space Administration 304 42 U.S.C. 2467b Authorization Act, Fiscal Year 1993 (Public Law 102-588)......................................... 501 15 U.S.C. 5801 502 15 U.S.C. 5802 504 15 U.S.C. 5803 506 15 U.S.C. 5805 507 15 U.S.C. 5806 508 15 U.S.C. 5807 510 15 U.S.C. 5808 601 42 U.S.C. 2487 602 42 U.S.C. 2487a 603 42 U.S.C. 2487b 604 42 U.S.C. 2487c 606 42 U.S.C. 2487e 607 42 U.S.C. 2487f 608 42 U.S.C. 2487g Commercial Space Act of 1998 (Public Law 105-303). 2 42 U.S.C. 14701 101 42 U.S.C. 14711 104 42 U.S.C. 14712 105 42 U.S.C. 14713 106 42 U.S.C. 14714 107 42 U.S.C. 14715, 15 U.S.C. 5621, 5622 201 42 U.S.C. 14731 202 42 U.S.C. 14732 204 42 U.S.C. 14733 205 42 U.S.C. 14734 206 42 U.S.C. 14735 National Aeronautics and Space Administration 126 42 U.S.C. 2475a Authorization Act of 2000 (Public Law 106-391)... 301 42 U.S.C. 2459g 304 42 U.S.C. 2459h 305 42 U.S.C. 2475b 325 42 U.S.C. 2473d Commercial Reusable In-Space Transportation Act of 902 42 U.S.C. 14751 2002 (Title IX of Public Law 107-248)............ 903 42 U.S.C. 14752 904 42 U.S.C. 14753 Departments of Veterans Affairs and Housing and (last par. under heading 42 U.S.C. 2459i Urban Development, and Independent Agencies ``Administrative Appropriations Act, 2003 (Division K of Public Provisions'', at 117 Stat. Law 108-7)....................................... 520) National Aeronautics and Space Administration 101(a) 42 U.S.C. 16611(a) Authorization Act of 2005 (Public Law 109-155)... 101(b) 42 U.S.C. 16611(b) 101(h)(1) 42 U.S.C. 16611(h)(1) 101(i) 42 U.S.C. 16611(i) 103 42 U.S.C. 16613 105 42 U.S.C. 16614 107 42 U.S.C. 16615 110 42 U.S.C. 16618 202 42 U.S.C. 16631 203 42 U.S.C. 16632 204 42 U.S.C. 16633 205 42 U.S.C. 16634 301 42 U.S.C. 16651 304(a) (matter before par. 42 U.S.C. 16654(a) (matter (1)) before par. (1)) 304(a)(2) 42 U.S.C. 16654(a)(2) 305 42 U.S.C. 16655 306 42 U.S.C. 16656 311 42 U.S.C. 16671 312 42 U.S.C. 16672 313 42 U.S.C. 16673 314 42 U.S.C. 16674 315 42 U.S.C. 16675 316 42 U.S.C. 16676 401 42 U.S.C. 16701 411 42 U.S.C. 16711 421 42 U.S.C. 16721 422 42 U.S.C. 16722 423 42 U.S.C. 16723 424 42 U.S.C. 16724 425 42 U.S.C. 16725 426 42 U.S.C. 16726 427 42 U.S.C. 16727 431 42 U.S.C. 16741 441 42 U.S.C. 16751 501 42 U.S.C. 16761 503 42 U.S.C. 16763 504 42 U.S.C. 16764 505 42 U.S.C. 16765 506 42 U.S.C. 16766 507 42 U.S.C. 16767 601 42 U.S.C. 16781 612 42 U.S.C. 16791 613 42 U.S.C. 16792 615 42 U.S.C. 16794 616 42 U.S.C. 16795 618 42 U.S.C. 16797 619(b) 42 U.S.C. 16798(b) 621 42 U.S.C. 16811 707 42 U.S.C. 16821 708 42 U.S.C. 16822 709 42 U.S.C. 16823 821 42 U.S.C. 16841 822 42 U.S.C. 16842 823 42 U.S.C. 16843 824 42 U.S.C. 16844 825 42 U.S.C. 16845 826 42 U.S.C. 16846 827 42 U.S.C. 16847 828 42 U.S.C. 16848 829 42 U.S.C. 16849 830 42 U.S.C. 16850 ----------------------------------------------------------------------------------------------------------------", "summary": "Enacts title 51 of the United States Code into positive law to be entitled \"National and Commercial Space Programs.\" Makes conforming changes to existing law and repeals specified provisions of specified laws."}
{"article": "SECTION 1. SPECIAL RULES FOR EXECUTIVE PERKS AND RETIREMENT BENEFITS. (a) In General.--Part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit-sharing, stock bonus plans, etc.) is amended by adding at the end the following new subpart: ``subpart f--special rules for executive perks and retirement benefits ``Sec. 420A. Holding period requirement for stock acquired through exercise of option. ``Sec. 420B. Additional tax on nondisclosed retirement perks. ``Sec. 420C. Inclusion in gross income of funded deferred compensation of corporate insiders. ``Sec. 420D. Definitions and special rule. ``SEC. 420A. HOLDING PERIOD REQUIREMENT FOR STOCK ACQUIRED THROUGH EXERCISE OF OPTION. ``(a) In General.--In the case of a corporate insider with respect to a corporation, the tax imposed by this chapter on a corporate insider for any taxable year shall be increased by 50 percent of the amount realized by such insider from the disqualified disposition during such year of stock acquired by the corporate insider upon the exercise of a stock option granted by the corporation with respect to which such individual is a corporate insider. ``(b) Disqualified Disposition of Stock.-- ``(1) In general.--For purposes of subsection (a), the term `disqualified disposition of stock' means any sale, exchange, or other disposition of stock which, if such stock were employer securities held in a qualified cash or deferred arrangement (as defined in section 401(k)(2)), would violate any restriction imposed on the sale or other disposition of such securities by the plan of which such arrangement is a part. ``(2) Special rule for 2 or more cash or deferred arrangements.--If a corporation has more than 1 qualified cash or deferred arrangement (as so defined), the restrictions which apply for purposes of paragraph (1) shall be the most restrictive provisions relating to the disposition of employer securities held pursuant to any such arrangements. ``SEC. 420B. ADDITIONAL TAX ON NONDISCLOSED RETIREMENT PERKS. ``(a) In General.--In the case of a publicly traded corporation, the tax imposed by this chapter for the taxable year shall be increased by 50 percent of the net cost to the corporation for the taxable year of personal perks provided to a retired executive of the corporation. ``(b) Waiver If Perks Provided Pursuant to Shareholder Approval.-- Subsection (a) shall not apply with respect to any personal perks provided pursuant to a contract if-- ``(1) all of the material terms of such contract (including a description of the benefits to be provided to the executive and the extent of such benefits) are disclosed to shareholders, and ``(2) such contract is approved by a majority of the vote in a separate shareholder vote before any benefits are provided under the contract. ``(c) Net Cost of Personal Perks.-- ``(1) In general.--For purposes of subsection (a), the net cost of personal perks provided to a retired executive is the excess of-- ``(A) the cost to the corporation of such perks, over ``(B) the amount paid in cash during the taxable year by the executive to reimburse the corporation for the cost of such perks. ``(2) Personal perks.--For purposes of paragraph (1), the term `personal perks' means-- ``(A) the use of corporate-owned property, ``(B) travel expenses, including meals and lodging, unless such expenses are directly related to the performance of services by the executive for the corporation and the business relationship of such expenses is substantiated under the requirements of section 274, ``(C) tickets to sporting or other entertainment events, ``(D) amounts paid or incurred for membership in any club organized for business, pleasure, recreation, or other social purpose, and ``(E) other personal services, including services related to maintenance or protection of any personal residence of the executive. ``(3) Cost relating to use of corporate-owned property.-- For purposes of this subsection-- ``(A) In general.--The cost taken into account with respect to the use of corporate-owned property shall be the allocable portion of the total cost of operating such property. ``(B) Allocable portion.--For purposes of subparagraph (A), the allocable portion of total cost is-- ``(i) the portion of the total cost (including depreciation) incurred by the corporation for operating and maintaining such property during the corporation's taxable year in which such use occurred, ``(ii) which is allocable to the use (determined on the basis of the relationship of such use to the total use of the property during the taxable year). ``SEC. 420C. INCLUSION IN GROSS INCOME OF FUNDED DEFERRED COMPENSATION OF CORPORATE INSIDERS. ``(a) In General.--If an employer maintains a funded deferred compensation plan-- ``(1) compensation of any corporate insider which is deferred under such funded deferred compensation plan shall be included in the gross income of the corporate insider or beneficiary for the 1st taxable year in which there is no substantial risk of forfeiture of the rights to such compensation, and ``(2) the tax treatment of any amount made available under the plan to a corporate insider or beneficiary shall be determined under section 72 (relating to annuities, etc.). ``(b) Funded Deferred Compensation Plan.--For purposes of this section-- ``(1) In general.--The term `funded deferred compensation plan' means any plan providing for the deferral of compensation unless-- ``(A) the employee's rights to the compensation deferred under the plan are no greater than the rights of a general creditor of the employer, and ``(B) all amounts set aside (directly or indirectly) for purposes of paying the deferred compensation, and all income attributable to such amounts, remain (until made available to the participant or other beneficiary) solely the property of the employer (without being restricted to the provision of benefits under the plan), and ``(C) the amounts referred to in subparagraph (B) are available to satisfy the claims of the employer's general creditors at all times (not merely after bankruptcy or insolvency). Such term shall not include a qualified employer plan. ``(2) Special rules.-- ``(A) Employee's rights.--A plan shall be treated as failing to meet the requirements of paragraph (1)(A) unless-- ``(i) the compensation deferred under the plan is payable only upon separation from service, death, disability, or at a specified time (or pursuant to a fixed schedule), and ``(ii) the plan does not permit the acceleration of the time such deferred compensation is payable by reason of any event. If the employer and employee agree to a modification of the plan that accelerates the time for payment of any deferred compensation, then all compensation previously deferred under the plan shall be includible in gross income for the taxable year during which such modification takes effect and the taxpayer shall pay interest at the underpayment rate on the underpayments that would have occurred had the deferred compensation been includible in gross income on the earliest date that there is no substantial risk of forfeiture of the rights to such compensation. ``(B) Creditor's rights.--A plan shall be treated as failing to meet the requirements of paragraph (1)(B) with respect to amounts set aside in a trust unless-- ``(i) the employee has no beneficial interest in the trust, ``(ii) assets in the trust are available to satisfy claims of general creditors at all times (not merely after bankruptcy or insolvency), and ``(iii) there is no factor that would make it more difficult for general creditors to reach the assets in the trust than it would be if the trust assets were held directly by the employer in the United States. Except as provided in regulations prescribed by the Secretary, such a factor shall include the location of the trust outside the United States. ``(c) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified employer plan.--The term `qualified employer plan' means-- ``(A) any plan, contract, pension, account, or trust described in subparagraph (A) or (B) of section 219(g)(5), and ``(B) any other plan of an organization exempt from tax under subtitle A. ``(2) Plan includes arrangements, etc.--The term `plan' includes any agreement or arrangement. ``(3) Substantial risk of forfeiture.--The rights of a person to compensation are subject to a substantial risk of forfeiture if such person's rights to such compensation are conditioned upon the future performance of substantial services by any individual. ``(4) Treatment of earnings.--Except for purposes of subsection (a)(1) and the last sentence of (b)(2)(A), references to deferred compensation shall be treated as including references to income attributable to such compensation or such income. ``SEC. 420D. DEFINITIONS AND SPECIAL RULE. ``(a) Definitions.--For purposes of this subpart-- ``(1) Corporate insider.--The term `corporate insider' means, with respect to a corporation, any individual-- ``(A) who is subject to the requirements of section 16(a) of the Securities Exchange Act of 1934 with respect to such corporation, or ``(B) who would be subject to such requirements if such corporation were an issuer of equity securities referred to in such section. ``(2) Retired executive.--The term `retired executive' means any corporate insider who is no longer performing services on a substantially full time basis in the capacity that resulted in being subject to the requirements of section 16(a) of the Securities Exchange Act of 1934. ``(3) Publicly traded corporation.--The term `publicly traded corporation' means any corporation issuing any class of securities required to be registered under section 12 of the Securities Exchange Act of 1934. ``(4) Corporate-owned property.-- ``(A) In general.--Except as provided in subparagraph (B), the term `corporate-owned property' means any of the following property owned by a corporation-- ``(i) planes, ``(ii) apartments or other residences, ``(iii) vacation, sports, and entertainment facilities, and ``(iv) cars. Such term includes any such property which is leased or chartered by the corporation. ``(B) Exceptions.--Such term does not include any property used directly by the corporation in providing transportation, lodging, or entertainment services to the general public. ``(b) Additions to Tax Not Treated As Tax for Certain Purposes.-- The tax imposed by sections 420A and 420B shall not be treated as a tax imposed by this chapter for purposes of determining-- ``(1) the amount of any credit allowable under this chapter, or ``(2) the amount of the minimum tax imposed by section 55.''. (b) Clerical Amendment.--The table of subparts for part I of subchapter D of chapter 1 of such Code is amended by adding at the end the following new item: ``Subpart F. Special Rules for Executive Perks and Retirement Benefits.''. (c) Effective Date.--The amendments made by this section shall take effect as follows: (1) Section 420A of the Internal Revenue Code of 1986 (as added by this section) shall apply to stock acquired pursuant to the exercise of an option after the date of the enactment of this Act. (2)(A) Except as provided by subparagraph (B), section 420B of such Code (as so added) shall apply to perks provided after the date of the enactment of this Act. (B) In the case of perks provided pursuant to a contract in existence on the date of the enactment of this Act, such section 420B shall apply to such perks after the date of the first annual shareholders meeting after the date of the enactment of this Act. (3) Section 420C of such Code (as so added) shall apply to amounts deferred after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to: (1) increase, for a corporate insider, the applicable tax by 50 percent of the amount realized by such insider from the disqualified disposition of stock (a sale violating specified restrictions) acquired by such corporate insider upon the exercise of a stock option granted by the corporation; (2) increase, for a publicly traded corporation, the applicable tax by 50 percent of the net cost to the corporation of personal perks provided to a retired executive of the corporation; and (3) include in the gross income of a corporate insider funded deferred compensation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families' Access to Health Innovations Act of 2013''. SEC. 2. AMENDMENT OF SMALL BUSINESS ACT. The Small Business Act is amended by redesignating section 45 as section 46 and by inserting after section 44 the following: ``SEC. 45. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY. ``(a) Definitions.--As used in this section: ``(1) The term `health information technology' means computer hardware, software, and related technology (including electronic medical record technology) that-- ``(A) supports the compliance with the meaningful EHR use requirements set forth in section 1848(o)(2)(A) of the Social Security Act (42 U.S.C. 1395w- 4(o)(2)(A)); ``(B) is purchased by an eligible professional to aid in the provision of health care in a health care setting; and ``(C) provides for-- ``(i) enhancement of continuity of care for patients through electronic storage, transmission, and exchange of relevant personal health data and information, such that this information is accessible at the times and places where clinical decisions will be or are likely to be made; ``(ii) enhancement of communication between patients and health care providers; ``(iii) improvement of quality measurement by eligible professionals enabling them to collect, store, measure, and report on the processes and outcomes of individual and population performance and quality of care; ``(iv) improvement of evidence-based decision support; or ``(v) enhancement of consumer and patient empowerment. Such term does not include information technology the sole use of which is financial management, maintenance of inventory of basic supplies, or appointment scheduling. ``(2) The term `eligible professional' means any of the following: ``(A) A physician (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))). ``(B) A practitioner described in section 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)). ``(C) A physical or occupational therapist or a qualified speech-language pathologist. ``(D) A qualified audiologist (as defined in section 1861(ll)(4)(B) of such Act (42 U.S.C. 1395x(ll)(4)(B))). ``(E) A State-licensed pharmacist. ``(F) A State-licensed supplier of durable medical equipment, prosthetics, orthotics, or supplies. ``(G) A State-licensed, a State-certified, or a nationally accredited home health care provider. ``(3) The term `qualified eligible professional' means an eligible professional whose practice-- ``(A) is a small business concern; and ``(B)(i) is in a medically underserved community (as defined in section 799B(6) of the Public Health Service Act (42 U.S.C. 295p(6))); ``(ii) serves individuals at least 50 percent of whom are entitled to benefits or enrolled under title XVIII of the Social Security Act; or ``(iii) serves an area that consists predominantly of low-income families (as defined in section 3 of the United States Housing Act of 1937 (42 U.S.C. 1437a)). ``(b) Loan Guarantees for Qualified Eligible Professionals.-- ``(1) Guarantee percentage.--Subject to paragraph (2), the Administrator may guarantee up to 90 percent of the amount of the loan made to a qualified eligible professional for the acquisition of health information technology for use in such eligible professional's medical practice and for the costs associated with the installation of such technology. ``(2) Limitations on guarantee amounts.--The maximum amount of loan principal guaranteed under this subsection may not exceed-- ``(A) $350,000 with respect to any single qualified eligible professional; and ``(B) $2,000,000 with respect to a single group of affiliated qualified eligible professionals. ``(c) Fees.--(1) The Administrator may impose a guarantee fee on the borrower in an amount not to exceed 2 percent of the total guaranteed portion of any loan guaranteed under this section. The Administrator may also impose annual servicing fees on lenders not to exceed 0.5 percent of the outstanding balance of the guarantees on lenders' books. ``(2) No service fees, processing fees, origination fees, application fees, points, brokerage fees, bonus points, or other fees may be charged to a loan applicant or recipient by a lender in the case of a loan guaranteed under this section. ``(d) Interest Rates.--The interest rate charged on a loan guaranteed under this section shall not be greater than 25 basis points below the rate provided for a loan under the program under section 7(a). ``(e) Deferral Period.--Loans guaranteed under this section shall carry a deferral period of not more than 3 years. ``(f) Terms and Conditions for Loan Guarantees.--The loans guaranteed under this section shall be subject to the terms and conditions that apply to the program under section 7(a) or other such terms and conditions as are prescribed by the Administrator.''. SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER DUTIES. Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended-- (1) by striking ``and'' at the end of subparagraph (S); (2) by striking the period at the end of subparagraph (T) and inserting a semicolon; and (3) by adding at the end the following: ``(U) facilitating the training of medical professionals in health information technology systems; and ``(V) establishing and providing a network of small health information technology companies available to medical professionals in low-income and underserved areas, as defined by the Secretary of Health and Human Services, for the purpose of aiding medical professionals in such areas to purchase, utilize, and maintain such technology.''.", "summary": "Working Families' Access to Health Innovations Act of 2013 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90% of a loan made to a health care professional for the acquisition of health information technology for use in such professional's medical practice and for the costs associated with its installation. Provides loan guarantee limits, and authorizes the Administrator to impose a loan guarantee fee. Requires services provided by a small business development center to include: (1) facilitating the training of medical professionals in health information technology systems; and (2) establishing and providing a network of small health information technology companies available to such professionals in low-income and underserved areas for assistance in purchasing, utilizing, and maintaining such technology."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Site Public Health Improvement Act''. SEC. 2. PUBLIC HEALTH AT NPL FACILITIES. Section 104(i)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(6)) is amended as follows: (1) By amending subparagraph (A) to read as follows: ``(A) The Administrator of ATSDR shall perform a health assessment for each facility, including those facilities owned by any department, agency, or instrumentality of the United States, on the National Priorities List established under section 105. The health assessment shall be commenced as soon as practicable after each facility is proposed for inclusion on the National Priorities List and shall be completed not later than the date of issuance of a remedial investigation and feasibility study for the facility to allow full consideration in selecting the remedial action of the public health implications of any release.''. (2) By amending subparagraph (D) to read as follows: ``(D)(i) The Administrator and the Administrator of ATSDR shall develop strategies to obtain relevant on-site and off-site characterization data for use in a health assessment. The Administrator shall, to the maximum extent practicable, provide the Administrator of ATSDR with the data and information necessary to make health assessments sufficiently prior to the initiation of remedial actions to allow ATSDR to complete these assessments. Where deemed appropriate, the Administrator of ATSDR shall provide to the Administrator as soon as practicable after site discovery, recommendations for sampling environmental media for hazardous substances of public health concern. To the extent feasible, the Administrator shall incorporate such recommendations into its site investigation activities. ``(ii) In order to improve community involvement in health assessments, the Administrator of ATSDR shall carry out each of the following duties: ``(I) The Administrator of ATSDR shall actively collect data from residents of affected communities and from other sources in communities affected or potentially affected by releases of hazardous substances, pollutants, or contaminants regarding exposure, relevant human activities, and other factors. ``(II) The Administrator of ATSDR shall design health assessments that take into account the needs and conditions of the affected community. Community-based research models, building links to local expertise, and local health resources should be used. Each affected community shall be permitted to play an active and early role in reviewing health assessment designs. In preparing such designs, emphasis shall be placed on collection of actual exposure data and sources of multiple exposure shall be considered.''. SEC. 3. HEALTH STUDIES. Subparagraph (A) of section 104(i)(7) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(7)) is amended to read as follows: ``(A) Whenever in the judgment of the Administrator of ATSDR it is appropriate on the basis of the results of a health assessment or on the basis of other appropriate information, the Administrator of ATSDR shall conduct a human health study of exposure or other health effects for selected groups or individuals in order to determine the desirability of conducting full scale epidemiologic or other health studies of the entire exposed population.''. SEC. 4. DISTRIBUTION OF MATERIALS TO HEALTH PROFESSIONALS AND MEDICAL CENTERS. Paragraph (14) of section 104(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)) is amended to read as follows: ``(14) In implementing this subsection and other health-related provisions of this Act in cooperation with the States, the Administrator of ATSDR shall-- ``(A) assemble, develop as necessary, and distribute to the States, medical colleges, physicians, nursing institutions, nurses, and other health professionals and medical centers, appropriate educational materials (including short courses) on the medical surveillance, screening, and methods of prevention, diagnosis, and treatment of injury or disease related to exposure to hazardous substances (giving priority to those listed in paragraph (2)), through means the Administrator of ATSDR considers appropriate; and ``(B) assemble, develop as necessary, and distribute to the general public and to at-risk populations appropriate educational materials and other information on human health effects of hazardous substances.''. SEC. 5. GRANT AWARDS, CONTRACTS, AND COMMUNITY ASSISTANCE ACTIVITIES. Section 104(i)(15) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 6904(i)(15)) is amended as follows: (1) By inserting ``(A)'' before ``The activities''. (2) In the first sentence, by striking ``cooperative agreements with States (or political subdivisions thereof)'' and inserting ``grants, cooperative agreements, or contracts with States (or political subdivisions thereof), other appropriate public authorities, public or private institutions, colleges, universities, and professional associations giving consideration to those colleges and universities that are historically black colleges and universities and to other educational institutions that primarily serve minorities or represent the interests of affected communities''. (3) By adding at the end the following new subparagraphs: ``(B) When a health assessment is conducted at a facility on the National Priorities List, or a release is being evaluated for inclusion on the National Priorities List, the Administrator of ATSDR may provide the assistance specified in this paragraph to public or private nonprofit entities, individuals, and community-based groups that may be affected by the release or threatened release of hazardous substances in the environment. ``(C) The Administrator of the Agency for Toxic Substances and Disease Registry, pursuant to the grants, cooperative agreements and contracts referred to in this paragraph, is authorized and directed to provide, where appropriate, health services to communities affected by the release of hazardous substances. Such health services may include diagnostic services, specialized treatment, health data registries and preventative public health education.''. SEC. 6. PUBLIC HEALTH RECOMMENDATIONS IN REMEDIAL ACTIONS. Section 121(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(c)) is amended in the first sentence by inserting after ``remedial action'' the second time it appears the following: ``, including public health recommendations and decisions resulting from activities under section 104(i),''.", "summary": "Superfund Site Public Health Improvement Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include U.S. Government facilities on the National Priorities List (NPL) among those requiring a health assessment by the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR). Requires all health assessments to be commenced as soon as practicable after proposal for inclusion on the NPL and to be completed no later than the date of issuance of a remedial investigation and feasibility study. Directs the Administrator of the Environmental Protection Agency (EPA) and the ATSDR Administrator to develop strategies to obtain characterization data for use in health assessments. Requires the EPA Administrator to provide data sufficiently prior to initiation of remedial actions to allow ATSDR to complete its assessments and requires the ATSDR Administrator, where appropriate, to provide EPA as soon as practicable after site discovery with recommendations for sampling environmental media for hazardous substances of public health concern. Directs the ATSDR Administrator to improve community involvement in health assessments by: (1) collecting data from residents of affected communities and other sources in communities affected or potentially affected by hazardous substances, pollutants, or contaminants; and (2) designing assessments that take into account the needs and conditions of the community and permitting affected communities to play an active and early role in reviewing assessment designs. Directs the ATSDR Administrator to include other appropriate information (in addition to health assessment results) as a basis for conducting human health studies of exposure or other health effects in order to determine whether to conduct full-scale epidemiological or other health studies of the exposed population. Revises provisions regarding distribution by ATSDR of educational materials concerning hazardous substance exposure to health professionals and medical centers to: (1) include nursing institutions and nurses as recipients of such materials; (2) add materials on methods of prevention; and (3) require distribution to the general public and at-risk populations of such materials and other information. Authorizes the ATSDR Administrator, in addition to using cooperative agreements, to carry out activities through grants to or contracts with States and political subdivisions, other public authorities, institutions, colleges, universities, and professional associations, giving consideration to historically black colleges and other educational institutions that primarily serve minorities or represent the interests of affected communities. Authorizes assistance, when a health assessment is conducted at a facility on the NPL or a release is being evaluated for inclusion on such list, to public and nonprofit entities, individuals, and community-based groups that may be affected by the release or threatened release. Authorizes and directs the provision of health services to affected communities. Requires the President to add to the review at least every five years of remedial actions that result in a site remaining contaminated a review of public health recommendations and decisions resulting from ATSDR activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Mental Health and Addiction Safety Net Equity Act of 2010''. SEC. 2. FEDERALLY QUALIFIED BEHAVIORAL HEALTH CENTERS. Section 1913 of the Public Health Service Act (42 U.S.C. 300x-3) is amended-- (1) in subsection (a)(2)(A), by striking ``community mental health services'' and inserting ``behavioral health services (of the type offered by federally qualified behavioral health centers consistent with subsection (c)(3))''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) services under the plan will be provided only through appropriate, qualified community programs (which may include federally qualified behavioral health centers, child mental health programs, psychosocial rehabilitation programs, mental health peer-support programs, and mental health primary consumer-directed programs); and''; and (B) in paragraph (2), by striking ``community mental health centers'' and inserting ``federally qualified behavioral health centers''; and (3) by striking subsection (c) and inserting the following: ``(c) Criteria for Federally Qualified Behavioral Health Centers.-- ``(1) In general.--The Administrator shall certify, and recertify at least every 5 years, federally qualified behavioral health centers as meeting the criteria specified in this subsection. ``(2) Regulations.--Not later than 18 months after the date of the enactment of the Community Mental Health and Addiction Safety Net Equity Act of 2010, the Administrator shall issue final regulations for certifying non-profit or local government centers as centers under paragraph (1). ``(3) Criteria.--The criteria referred to in subsection (b)(2) are that the center performs each of the following: ``(A) Provide services in locations that ensure services will be available and accessible promptly and in a manner which preserves human dignity and assures continuity of care. ``(B) Provide services in a mode of service delivery appropriate for the target population. ``(C) Provide individuals with a choice of service options where there is more than one efficacious treatment. ``(D) Employ a core staff of clinical staff that is multidisciplinary and culturally and linguistically competent. ``(E) Provide services, within the limits of the capacities of the center, to any individual residing or employed in the service area of the center, regardless of the ability of the individual to pay. ``(F) Provide, directly or through contract, to the extent covered for adults in the State Medicaid plan under title XIX of the Social Security Act and for children in accordance with section 1905(r) of such Act regarding early and periodic screening, diagnosis, and treatment, each of the following services: ``(i) Screening, assessment, and diagnosis, including risk assessment. ``(ii) Person-centered treatment planning or similar processes, including risk assessment and crisis planning. ``(iii) Outpatient clinic mental health services, including screening, assessment, diagnosis, psychotherapy, substance abuse counseling, medication management, and integrated treatment for mental illness and substance abuse which shall be evidence-based (including cognitive behavioral therapy and other such therapies which are evidence-based). ``(iv) Outpatient clinic primary care services, including screening and monitoring of key health indicators and health risk (including screening for diabetes, hypertension, and cardiovascular disease and monitoring of weight, height, body mass index (BMI), blood pressure, blood glucose or HbA1C, and lipid profile). ``(v) Crisis mental health services, including 24-hour mobile crisis teams, emergency crisis intervention services, and crisis stabilization. ``(vi) Targeted case management (services to assist individuals gaining access to needed medical, social, educational, and other services and applying for income security and other benefits to which they may be entitled). ``(vii) Psychiatric rehabilitation services including skills training, assertive community treatment, family psychoeducation, disability self-management, supported employment, supported housing services, therapeutic foster care services, and such other evidence-based practices as the Secretary may require. ``(viii) Peer support and counselor services and family supports. ``(G) Maintain linkages, and where possible enter into formal contracts with the following: ``(i) Inpatient psychiatric facilities and substance abuse detoxification and residential programs. ``(ii) Adult and youth peer support and counselor services. ``(iii) Family support services for families of children with serious mental disorders. ``(iv) Other community or regional services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies and facilities, housing agencies and programs, employers, and other social services. ``(v) Onsite or offsite access to primary care services. ``(vi) Enabling services, including outreach, transportation, and translation. ``(vii) Health and wellness services, including services for tobacco cessation.''. SEC. 3. MEDICAID COVERAGE AND PAYMENT FOR FEDERALLY QUALIFIED BEHAVIORAL HEALTH CENTER SERVICES. (a) Payment for Services Provided by Federally Qualified Behavioral Health Centers.--Section 1902(bb) of the Social Security Act (42 U.S.C. 1396a(bb)) is amended-- (1) in the heading, by striking ``and Rural Health Clinics'' and inserting ``, Federally Qualified Behavioral Health Centers, and Rural Health Clinics''; (2) in paragraph (1), by inserting ``(and beginning with fiscal year 2011 with respect to services furnished on or after January 1, 2011, and each succeeding fiscal year, for services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center)'' after ``by a rural health clinic''; (3) in paragraph (2)-- (A) by striking the heading and inserting ``Initial fiscal year''; (B) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, for services furnished on and after January 1, 2011, during fiscal year 2011)'' after ``January 1, 2001, during fiscal year 2001''; (C) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, during fiscal years 2009 and 2010)'' after ``1999 and 2000''; and (D) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, during fiscal year 2011)'' before the period; (4) in paragraph (3)-- (A) in the heading, by striking ``Fiscal year 2002 and succeeding'' and inserting ``Succeeding''; and (B) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, for services furnished during fiscal year 2012 or a succeeding fiscal year)'' after ``2002 or a succeeding fiscal year''; (5) in paragraph (4)-- (A) by inserting ``(or as a federally qualified behavioral health center after fiscal year 2010)'' after ``or rural health clinic after fiscal year 2000''; (B) by striking ``furnished by the center or'' and inserting ``furnished by the federally qualified health center, services described in section 1905(a)(2)(D) furnished by the federally qualified behavioral health center, or''; (C) in the second sentence, by striking ``or rural health clinic'' and inserting ``, federally qualified behavioral health center, or rural health clinic''; (6) in paragraph (5), in each of subparagraphs (A) and (B), by striking ``or rural health clinic'' and inserting ``, federally qualified behavioral health center, or rural health clinic''; and (7) in paragraph (6), by striking ``or to a rural health clinic'' and inserting ``, to a federally qualified behavioral health center for services described in section 1905(a)(2)(D), or to a rural health clinic''. (b) Inclusion of Federally Qualified Behavioral Health Center Services in the Term Medical Assistance.--Section 1905(a)(2) of the Social Security Act (42 U.S.C. 1396d(a)(2)) is amended-- (1) by striking ``and'' before ``(C)''; and (2) by inserting before the semicolon at the end the following: ``, and (D) federally qualified behavioral health center services (as defined in subsection (l)(4))''. (c) Definition of Federally Qualified Behavioral Health Center Services.--Section 1905(l) of the Social Security Act (42 U.S.C. 1396d(l)) is amended by adding at the end the following paragraph: ``(4)(A) The term `federally qualified behavioral health center services' means services furnished to an individual at a federally qualified behavioral health center (as defined by subparagraph (B). ``(B) The term `federally qualified behavioral health center' means an entity that is certified under section 1913(c) of the Public Health Service Act as meeting the criteria described in paragraph (3) of such section.''. SEC. 4. MENTAL HEALTH AND ADDICTION SAFETY NET STUDIES. (a) Paperwork Reduction Study.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Institute of Medicine shall submit to the appropriate committees of Congress a report that evaluates the combined paperwork burden of federally qualified behavioral health centers certified section 1913(c) of the Public Health Service Act, as inserted by section 2. (2) Scope.--In preparing the report under paragraph (1), the Institute of Medicine shall examine licensing, certification, service definitions, claims payment, billing codes, and financial auditing requirements utilized by the Office of Management and Budget, the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the Office of the Inspector General, State Medicaid agencies, State departments of health, State departments of education, and State and local juvenile justice and social services agencies to-- (A) establish an estimate of the combined nationwide cost of complying with the requirements described in this paragraph, in terms of both administrative funding and staff time; (B) establish an estimate of the per capita cost to each federally qualified behavioral health center certified under section 1913(c) of the Public Health Service Act to comply with the requirements described in this paragraph, in terms of both administrative funding and staff time; and (C) make administrative and statutory recommendations to Congress, which may include a uniform methodology, to reduce the paperwork burden experienced by such federally qualified behavioral health centers. (3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $550,000 for each of the fiscal years 2012 and 2013. (b) Wage Study.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Institute of Medicine shall conduct a nationwide analysis, and submit a report to the appropriate committees of Congress, concerning the compensation structure of professional and paraprofessional personnel employed by federally qualified behavioral health centers certified under section 1913(c) of the Public Health Service Act, as inserted by section 2, as compared with the compensation structure of comparable health safety net providers and relevant private sector health care employers. (2) Scope.--In preparing the report under paragraph (1), the Institute of Medicine shall examine compensation disparities, if such disparities are determined to exist, by type of personnel, type of provider or private sector employer, and by geographic region. (3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $550,000 for each of the fiscal years 2012 and 2013.", "summary": "Community Mental Health and Addiction Safety Net Equity Act of 2010 - Amends the Public Health Service Act to replace community mental health centers with federally qualified behavioral health centers which treat substance abuse in addition to mental illness and other conditions. Amends title XIX (Medicaid) of the Social Security Act to extend Medicaid coverage to federally qualified behavioral health center services. Directs the Institute of Medicine to: (1) evaluate for Congress the combined paperwork burden of federally qualified behavioral health centers; and (2) analyze and report to Congress on the compensation structure of professional and paraprofessional personnel employed by federally qualified behavioral health centers nationwide as compared with the compensation structure of comparable health safety net providers and relevant private sector health care employers."}
{"article": "AND ENFORCEMENT ``Section 7.1. Good Faith Implementation. ``Each of the Parties pledges to support implementation of all provisions of this Compact, and covenants that its officers and agencies shall not hinder, impair, or prevent any other Party carrying out any provision of this Compact. ``Section 7.2. Alternative Dispute Resolution. ``1. Desiring that this Compact be carried out in full, the Parties agree that disputes between the Parties regarding interpretation, application and implementation of this Compact shall be settled by alternative dispute resolution. ``2. The Council, in consultation with the Provinces, shall provide by rule procedures for the resolution of disputes pursuant to this section. ``Section 7.3. Enforcement. ``1. Any Person aggrieved by any action taken by the Council pursuant to the authorities contained in this Compact shall be entitled to a hearing before the Council. Any Person aggrieved by a Party action shall be entitled to a hearing pursuant to the relevant Party's administrative procedures and laws. After exhaustion of such administrative remedies, (i) any aggrieved Person shall have the right to judicial review of a Council action in the United States District Courts for the District of Columbia or the District Court in which the Council maintains offices, provided such action is commenced within 90 days; and, (ii) any aggrieved Person shall have the right to judicial review of a Party's action in the relevant Party's court of competent jurisdiction, provided that an action or proceeding for such review is commenced within the time frames provided for by the Party's law. For the purposes of this paragraph, a State or Province is deemed to be an aggrieved Person with respect to any Party action pursuant to this Compact. ``2. a. Any Party or the Council may initiate actions to compel compliance with the provisions of this Compact, and the rules and regulations promulgated hereunder by the Council. Jurisdiction over such actions is granted to the court of the relevant Party, as well as the United States District Courts for the District of Columbia and the District Court in which the Council maintains offices. The remedies available to any such court shall include, but not be limited to, equitable relief and civil penalties. ``b. Each Party may issue orders within its respective jurisdiction and may initiate actions to compel compliance with the provisions of its respective statutes and regulations adopted to implement the authorities contemplated by this Compact in accordance with the provisions of the laws adopted in each Party's jurisdiction. ``3. Any aggrieved Person, Party or the Council may commence a civil action in the relevant Party's courts and administrative systems to compel any Person to comply with this Compact should any such Person, without approval having been given, undertake a New or Increased Withdrawal, Consumptive Use or Diversion that is prohibited or subject to approval pursuant to this Compact. ``a. No action under this subsection may be commenced if: ``i. The Originating Party or Council approval for the New or Increased Withdrawal, Consumptive Use or Diversion has been granted; or, ``ii. The Originating Party or Council has found that the New or Increased Withdrawal, Consumptive Use or Diversion is not subject to approval pursuant to this Compact. ``b. No action under this subsection may be commenced unless: ``i. A Person commencing such action has first given 60 days prior notice to the Originating Party, the Council and Person alleged to be in noncompliance; and, ``ii. Neither the Originating Party nor the Council has commenced and is diligently prosecuting appropriate enforcement actions to compel compliance with this Compact. The available remedies shall include equitable relief, and the prevailing or substantially prevailing party may recover the costs of litigation, including reasonable attorney and expert witness fees, whenever the court determines that such an award is appropriate. ``4. Each of the Parties may adopt provisions providing additional enforcement mechanisms and remedies including equitable relief and civil penalties applicable within its jurisdiction to assist in the implementation of this Compact. ``ARTICLE 8 ``ADDITIONAL PROVISIONS ``Section 8.1. Effect on Existing Rights. ``1. Nothing in this Compact shall be construed to affect, limit, diminish or impair any rights validly established and existing as of the effective date of this Compact under State or federal law governing the Withdrawal of Waters of the Basin. ``2. Nothing contained in this Compact shall be construed as affecting or intending to affect or in any way to interfere with the law of the respective Parties relating to common law Water rights. ``3. Nothing in this Compact is intended to abrogate or derogate from treaty rights or rights held by any Tribe recognized by the federal government of the United States based upon its status as a Tribe recognized by the federal government of the United States. ``4. An approval by a Party or the Council under this Compact does not give any property rights, nor any exclusive privileges, nor shall it be construed to grant or confer any right, title, easement, or interest in, to or over any land belonging to or held in trust by a Party; neither does it authorize any injury to private property or invasion of private rights, nor infringement of federal, State or local laws or regulations; nor does it obviate the necessity of obtaining federal assent when necessary. ``Section 8.2. Relationship to Agreements Concluded by the United States of America. ``1. Nothing in this Compact is intended to provide nor shall be construed to provide, directly or indirectly, to any Person any right, claim or remedy under any treaty or international agreement nor is it intended to derogate any right, claim, or remedy that already exists under any treaty or international agreement. ``2. Nothing in this Compact is intended to infringe nor shall be construed to infringe upon the treaty power of the United States of America, nor shall any term hereof be construed to alter or amend any treaty or term thereof that has been or may hereafter be executed by the United States of America. ``3. Nothing in this Compact is intended to affect nor shall be construed to affect the application of the Boundary Waters Treaty of 1909 whose requirements continue to apply in addition to the requirements of this Compact. ``Section 8.3. Confidentiality. ``1. Nothing in this Compact requires a Party to breach confidentiality obligations or requirements prohibiting disclosure, or to compromise security of commercially sensitive or proprietary information. ``2. A Party may take measures, including but not limited to deletion and redaction, deemed necessary to protect any confidential, proprietary or commercially sensitive information when distributing information to other Parties. The Party shall summarize or paraphrase any such information in a manner sufficient for the Council to exercise its authorities contained in this Compact. ``Section 8.4. Additional Laws. ``Nothing in this Compact shall be construed to repeal, modify or qualify the authority of any Party to enact any legislation or enforce any additional conditions and restrictions regarding the management and regulation of Waters within its jurisdiction. ``Section 8.5. Amendments and Supplements. ``The provisions of this Compact shall remain in full force and effect until amended by action of the governing bodies of the Parties and consented to and approved by any other necessary authority in the same manner as this Compact is required to be ratified to become effective. ``Section 8.6. Severability. ``Should a court of competent jurisdiction hold any part of this Compact to be void or unenforceable, it shall be considered severable from those portions of the Compact capable of continued implementation in the absence of the voided provisions. All other provisions capable of continued implementation shall continue in full force and effect. ``Section 8.7. Duration of Compact and Termination. ``Once effective, the Compact shall continue in force and remain binding upon each and every Party unless terminated. ``This Compact may be terminated at any time by a majority vote of the Parties. In the event of such termination, all rights established under it shall continue unimpaired. ``ARTICLE 9 ``EFFECTUATION ``Section 9.1. Repealer. ``All acts and parts of acts inconsistent with this act are to the extent of such inconsistency hereby repealed. ``Section 9.2. Effectuation by Chief Executive. ``The Governor is authorized to take such action as may be necessary and proper in his or her discretion to effectuate the Compact and the initial organization and operation thereunder. ``Section 9.3. Entire Agreement. ``The Parties consider this Compact to be complete and an integral whole. Each provision of this Compact is considered material to the entire Compact, and failure to implement or adhere to any provision may be considered a material breach. Unless otherwise noted in this Compact, any change or amendment made to the Compact by any Party in its implementing legislation or by the U.S. Congress when giving its consent to this Compact is not considered effective unless concurred in by all Parties. ``Section 9.4. Effective Date and Execution. ``This Compact shall become binding and effective when ratified through concurring legislation by the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania and consented to by the Congress of the United States. This Compact shall be signed and sealed in nine identical original copies by the respective chief executives of the signatory Parties. One such copy shall be filed with the Secretary of State of each of the signatory Parties or in accordance with the laws of the state in which the filing is made, and one copy shall be filed and retained in the archives of the Council upon its organization. The signatures shall be affixed and attested under the following form: ``In Witness Whereof, and in evidence of the adoption and enactment into law of this Compact by the legislatures of the signatory parties and consent by the Congress of the United States, the respective Governors do hereby, in accordance with the authority conferred by law, sign this Compact in nine duplicate original copies, attested by the respective Secretaries of State, and have caused the seals of the respective states to be hereunto affixed this ____ day of (month), (year).''. SEC. 2. RIGHT TO ALTER, AMEND, OR APPEAL. Congress expressly reserves the right to alter, amend, or repeal this Act.", "summary": "Grants congressional consent to and approval of the Great Lakes-St. Lawrence River Basin Water Resources Compact entered into between the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin, and the Commonwealth of Pennsylvania. Reserves the right to alter, amend, or repeal this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``EMTALA Regulatory Improvement Act of 2003''. SEC. 2. EMTALA IMPROVEMENTS. (a) Notification of Providers When EMTALA Investigation Closed.-- Section 1867(d) of the Social Security Act (42 U.S.C. 42 U.S.C. 1395dd(d)) is amended by adding at the end the following new paragraph: ``(4) Notice upon closing an investigation.--The Secretary shall establish a procedure to notify hospitals and physicians when an investigation under this section is closed.''. (b) Prior Review by Peer Review Organizations in EMTALA Cases Involving Termination of Participation.-- (1) In general.--Section 1867(d)(3) of such Act (42 U.S.C. 1395dd(d)(3)) is amended-- (A) in the first sentence, by inserting ``or in terminating a hospital's participation under this title'' after ``in imposing sanctions under paragraph (1)''; and (B) by adding at the end the following new sentences: ``Except in the case in which a delay would jeopardize the health or safety of individuals, the Secretary shall also request such a review before making a compliance determination as part of the process of terminating a hospital's participation under this title for violations related to the appropriateness of a medical screening examination, stabilizing treatment, or an appropriate transfer as required by this section, and shall provide a period of 5 days for such review. The Secretary shall provide a copy of the organization's report to the hospital or physician consistent with confidentiality requirements imposed on the organization under such part B.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to terminations of participation initiated on or after the date of the enactment of this Act. SEC. 3. EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT (EMTALA) TECHNICAL ADVISORY GROUP. (a) Establishment.--The Secretary shall establish a Technical Advisory Group (in this section referred to as the ``Advisory Group'') to review issues related to the Emergency Medical Treatment and Labor Act (EMTALA) and its implementation. In this section, the term ``EMTALA'' refers to the provisions of section 1867 of the Social Security Act (42 U.S.C. 1395dd). (b) Membership.--The Advisory Group shall be composed of 19 members, including the Administrator of the Centers for Medicare & Medicaid Services and the Inspector General of the Department of Health and Human Services and of which-- (1) 4 shall be representatives of hospitals, including at least one public hospital, that have experience with the application of EMTALA and at least 2 of which have not been cited for EMTALA violations; (2) 7 shall be practicing physicians drawn from the fields of emergency medicine, cardiology or cardiothoracic surgery, orthopedic surgery, neurosurgery, pediatrics or a pediatric subspecialty, obstetrics-gynecology, and psychiatry, with not more than one physician from any particular field; (3) 2 shall represent patients; (4) 2 shall be staff involved in EMTALA investigations from different regional offices of the Centers for Medicare & Medicaid Services; and (5) 1 shall be from a State survey office involved in EMTALA investigations and 1 shall be from a peer review organization, both of whom shall be from areas other than the regions represented under paragraph (4). In selecting members described in paragraphs (1) through (3), the Secretary shall consider qualified individuals nominated by organizations representing providers and patients. (c) General Responsibilities.--The Advisory Group-- (1) shall review EMTALA regulations; (2) may provide advice and recommendations to the Secretary with respect to those regulations and their application to hospitals and physicians; (3) shall solicit comments and recommendations from hospitals, physicians, and the public regarding the implementation of such regulations; and (4) may disseminate information on the application of such regulations to hospitals, physicians, and the public. (d) Administrative Matters.-- (1) Chairperson.--The members of the Advisory Group shall elect a member to serve as chairperson of the Advisory Group for the life of the Advisory Group. (2) Meetings.--The Advisory Group shall first meet at the direction of the Secretary. The Advisory Group shall then meet twice per year and at such other times as the Advisory Group may provide. (e) Termination.--The Advisory Group shall terminate 30 months after the date of its first meeting. (f) Waiver of Administrative Limitation.--The Secretary shall establish the Advisory Group notwithstanding any limitation that may apply to the number of advisory committees that may be established (within the Department of Health and Human Services or otherwise).", "summary": "EMTALA Regulatory Improvement Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require the Secretary of Health and Human Services to establish a procedure to notify hospitals and physicians when an investigation under the Emergency Medical Treatment and Labor Act (EMTALA) is closed.Directs the Secretary to establish a Technical Advisory Group to review issues related to EMTALA and its implementation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Injury Surgical Systems Integrated Operationally Nationwide to Achieve ZERO Preventable Deaths Act'' or the ``MISSION ZERO Act''. SEC. 2. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS GRANT PROGRAM. Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.) is amended by adding at the end the following new part: ``PART I--MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS GRANT PROGRAM ``SEC. 1291. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS GRANT PROGRAM. ``(a) Military Trauma Team Placement Program.-- ``(1) In general.--The Secretary shall award grants to not more than 20 eligible high-acuity trauma centers to enable military trauma teams to provide, on a full-time basis, trauma care and related acute care at such trauma centers. ``(2) Limitations.--In the case of a grant awarded under paragraph (1) to an eligible high-acuity trauma center, such grant-- ``(A) shall be for a period of at least 3 years and not more than 5 years (and may be renewed at the end of such period); and ``(B) shall be in an amount that does not exceed $1,000,000 per year. ``(3) Availability of funds after performance period.-- Notwithstanding section 1552 of title 31, United States Code, or any other provision of law, funds available to the Secretary for obligation for a grant under this subsection shall remain available for expenditure for 100 days after the last day of the performance period of such grant. ``(b) Military Trauma Care Provider Placement Program.-- ``(1) In general.--The Secretary shall award grants to eligible trauma centers to enable military trauma care providers to provide trauma care and related acute care at such trauma centers. ``(2) Limitations.--In the case of a grant awarded under paragraph (1) to an eligible trauma center, such grant-- ``(A) shall be for a period of at least 1 year and not more than 3 years (and may be renewed at the end of such period); and ``(B) shall be in an amount that does not exceed, in a year-- ``(i) $100,000 for each military trauma care provider that is a physician at such eligible trauma center; and ``(ii) $50,000 for each other military trauma care provider at such eligible trauma center. ``(c) Grant Requirements.-- ``(1) Deployment.--As a condition of receipt of a grant under this section, a grant recipient shall agree to allow military trauma care providers providing care pursuant to such grant to be deployed by the Secretary of Defense for military operations, for training, or for response to a mass casualty incident. ``(2) Use of funds.--Grants awarded under this section to an eligible trauma center may be used to train and incorporate military trauma care providers into such trauma center, including expenditures for malpractice insurance, office space, information technology, specialty education and supervision, trauma programs, research, and State license fees for such military trauma care providers. ``(d) Rule of Construction.--Nothing in this section shall be construed to affect the extent to which State licensing requirements for health care professionals are preempted by other Federal law from applying to military trauma care providers. ``(e) Reporting Requirements.-- ``(1) Report to the secretary and the secretary of defense.--Each eligible trauma center or eligible high-acuity trauma center awarded a grant under subsection (a) or (b) for a year shall submit to the Secretary and the Secretary of Defense a report for such year that includes information on-- ``(A) the number and types of trauma cases managed by military trauma teams or military trauma care providers pursuant to such grant during such year; ``(B) the financial impact of such grant on the trauma center; ``(C) the educational impact on resident trainees in centers where military trauma teams are assigned; ``(D) any research conducted during such year supported by such grant; and ``(E) any other information required by the Secretaries for the purpose of evaluating the effect of such grant. ``(2) Report to congress.--Not less than once every 2 years, the Secretary, in consultation with the Secretary of Defense, shall submit a report to Congress that includes information on the effect of placing military trauma care providers in trauma centers awarded grants under this section on-- ``(A) maintaining readiness of military trauma care providers for battlefield injuries; ``(B) providing health care to civilian trauma patients in both urban and rural settings; ``(C) the capability to respond to surges in trauma cases, including as a result of a large scale event; and ``(D) the financial State of the trauma centers. ``(f) Definitions.--For purposes of this part: ``(1) Eligible trauma center.--The term `eligible trauma center' means a Level I, II, or III trauma center that satisfies each of the following: ``(A) Such trauma center has an agreement with the Secretary of Defense to enable military trauma care providers to provide trauma care and related acute care at such trauma center. ``(B) Such trauma center utilizes a risk-adjusted benchmarking system to measure performance and outcomes, such as the Trauma Quality Improvement Program of the American College of Surgeons. ``(C) Such trauma center demonstrates a need for integrated military trauma care providers to maintain or improve the trauma clinical capability of such trauma center. ``(2) Eligible high-acuity trauma center.--The term `eligible high-acuity trauma center' means a Level I trauma center that satisfies each of the following: ``(A) Such trauma center has an agreement with the Secretary of Defense to enable military trauma teams to provide trauma care and related acute care at such trauma center. ``(B) At least 20 percent of patients of such trauma center in the most recent 3-month period for which data is available are treated for a major trauma at such trauma center. ``(C) Such trauma center utilizes a risk-adjusted benchmarking system to measure performance and outcomes, such as the Trauma Quality Improvement Program of the American College of Surgeons. ``(D) Such trauma center is an academic training center-- ``(i) affiliated with a medical school; ``(ii) that maintains residency programs and fellowships in critical trauma specialties and subspecialties, and provides education and supervision of military trauma team members according to those specialties and subspecialties; and ``(iii) that undertakes research in the prevention and treatment of traumatic injury. ``(E) Such trauma center serves as a disaster response leader for its community, such as by participating in a partnership for State and regional hospital preparedness established under section 319C-2. ``(3) Major trauma.--The term `major trauma' means an injury that is greater than or equal to 15 on the injury severity score. ``(4) Military trauma team.--The term `military trauma team' means a complete military trauma team consisting of military trauma care providers. ``(5) Military trauma care provider.--The term `military trauma care provider' means a member of the Armed Forces who furnishes emergency, critical care, and other trauma acute care, including a physician, military surgeon, physician assistant, nurse, respiratory therapist, flight paramedic, combat medic, or enlisted medical technician. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $7,000,000 for fiscal year 2018, of which-- ``(A) $4,500,000 shall be for carrying out subsection (a); and ``(B) $2,500,000 shall be for carrying out subsection (b); ``(2) $12,000,000 for fiscal year 2019, of which-- ``(A) $8,000,000 shall be for carrying out subsection (a); and ``(B) $4,000,000 shall be for carrying out subsection (b); and ``(3) $15,000,000 for each of fiscal years 2020 through 2022, of which-- ``(A) $10,000,000 shall be for carrying out subsection (a); and ``(B) $5,000,000 shall be for carrying out subsection (b).''. SEC. 3. CUT-GO COMPLIANCE. Subsection (f) of section 319D of the Public Health Service Act (42 U.S.C. 247d-4) is amended by striking ``through 2018'' and inserting ``through 2017, and $75,300,000 for fiscal year 2018''. Passed the House of Representatives February 26, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Military Injury Surgical Systems Integrated Operationally Nationwide to Achieve ZERO Preventable Deaths Act or the MISSION ZERO Act (Sec. 2) This bill amends the Public Health Service Act to require the Department of Health and Human Services to award grants to certain trauma centers to enable military trauma care providers and trauma teams to provide trauma care and related acute care at those trauma centers. Funds may be used to train and incorporate military trauma care providers into the trauma center, including expenditures for malpractice insurance, office space, information technology, specialty education and supervision, trauma programs, and state license fees. Grantees must allow the military trauma care providers to be deployed for military operations, training, or response to a mass casualty incident."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Super Pollutants Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Short-lived climate pollutants account for 40 percent of global warming currently impacting the atmosphere, even though such pollutants account for a much smaller percentage of warming agents by weight. (2) Reducing short-lived climate pollutant emissions could-- (A) prevent more than 2,000,000 premature deaths each year, according to the United Nations Environment Programme (UNEP); (B) prevent more than 30,000,000 tons of crop losses each year, according to UNEP; (C) cut the rate of sea level rise by 25 percent, according to the National Center for Atmospheric Research and the Scripps Institution of Oceanography; (D) cut the rate of warming by up to 0.6 degrees Celsius by 2050, according to UNEP; and (E) significantly contribute toward the overall global target of holding increased warming below 2 degrees Celsius. (3) The United States is one of the world's largest consumer of hydrofluorocarbons and is providing significant innovation in the development of low global warming potential (low-GWP) alternatives. (4) The United States could serve as a leader and exemplar of responsibly phasing down hydrofluorocarbon production and consumption. (5) The Montreal Protocol on Substances that Deplete the Ozone Layer has been an extraordinarily successful model for protecting the stratospheric ozone layer and achieving significant climate protection co-benefits. Since the treaty was signed in 1987, there has been a 98 percent reduction in ozone-depleting substances. (6) The interagency Strategy to Reduce Methane Emissions, released in March 2014, outlines a proactive agenda for reducing methane leakage and waste throughout the United States economy. SEC. 3. DEFINITIONS. In this Act: (1) High-GWP hfc.--The term ``high-GWP HFC'' means high global warming potential hydrofluorocarbons. (2) Short-lived climate pollutant.--The term ``short-lived climate pollutant'' means-- (A) black carbon; (B) methane; and (C) high-GWP HFC. SEC. 4. INTERAGENCY TASK FORCE ON SHORT-LIVED CLIMATE POLLUTANT MITIGATION. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the President shall establish the Interagency Task Force on Short-Lived Climate Pollutant Mitigation (referred to in this section as the ``Task Force''). (b) Members.--The Task Force shall include the head of all relevant Federal agencies (or their designated representatives), including the Department of Agriculture, the Department of Commerce, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of State, the United States Agency for International Development, the Department of Transportation, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration. (c) Duties.--The Task Force shall-- (1) review the policy recommendations made by the Interagency Climate Change Adaptation Task Force, the Interagency Strategy to Reduce Methane Emissions, the March 2012 report to Congress on Black Carbon, and the Council on Climate Preparedness and Resilience; (2) incorporate any appropriate proposals or recommendations made by the entities or reports referred to in paragraph (1) that are relevant to short-lived climate pollutants into the Task Force's action plan; (3) identify relevant Federal programs that are or could be addressing the reduction of short-lived climate pollutants in the United States and worldwide; (4) identify overlapping and duplicative programs addressing short-lived climate pollutants that would benefit from consolidation and streamlining; (5) identify gaps and serious deficiencies in United States programs targeted at short-lived climate pollutants, including those that can be achieved through a combination of assessment, scientific research, monitoring, and technological development activities; (6) not later than 18 months after the date of the enactment of this Act, submit a report to Congress on the findings and recommendations resulting from the activities described in paragraphs (1) through (5); and (7) in developing recommendations, consult with affected stakeholders in private industry. (d) Emission Reduction Plans.--Not later than 180 days after the date of the enactment of this Act, each Federal agency shall submit a report to the appropriate congressional committees that includes-- (1) the agency's plans for meeting the goals set forth in section 2 of Executive Order 13514 (October 5, 2009) to reduce hydrofluorocarbons, methane, and related indirect emissions, including tropospheric ozone, by the Federal Government; and (2) specific plans to purchase cleaner alternatives to high-GWP HFC whenever feasible and to transition over time to equipment that uses safer and more sustainable alternatives to high-GWP HFC. SEC. 5. REDUCTION OF BLACK CARBON EMISSIONS. (a) Comprehensive Plan.-- (1) In general.--Through the United States membership in the International Maritime Organization, the Secretary of State, in consultation with the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commandant of the Coast Guard, shall develop a comprehensive plan to reduce black carbon emissions from international shipping through-- (A) a clean freight partnership; (B) the inclusion of limits on black carbon; and (C) efforts that include protection of access to critical fuel shipments and emergency needs of coastal communities. (2) Roadmap.--A principal objective of the plan developed pursuant to paragraph (1) should be the creation, in coordination with the Department of Transportation, of a roadmap toward helping countries reduce fine-particle emissions (PM2.5) in the shipping sector through-- (A) the installation of advanced emissions controls; and (B) the reduction of sulfur content in fuels. (b) Black Carbon Emissions Reduction Goals.--In advance of and upon assuming the Chair of the Arctic Council, the Secretary of State should-- (1) lead an effort to reduce black carbon through an Arctic-wide aspirational black carbon goal; and (2) encourage observers of the Arctic Council (including India and China) to adopt national black carbon emissions reduction goals. (c) Climate and Clean Air Coalition.--Through the United States membership in the Climate and Clean Air Coalition to Reduce Short Lived Climate Pollutants (referred to in this section as the ``Coalition''), the Secretary of State is encouraged-- (1) to work with the Coalition to craft specific financing mechanisms for the incremental cost of international black carbon mitigation activities; and (2) to request that the Coalition produce a report of black carbon mitigation financing options. (d) Black Carbon Mitigation Activities.-- (1) Prioritization.--The Administrator of the United States Agency for International Development shall prioritize black carbon mitigation activities as part of aid distribution activities and give special emphasis to projects that produce substantial environmental and public health benefits, including support for clean-burning cookstoves and fuels. (2) Emissions reductions.--The Secretary of State, in collaboration with the Environmental Protection Agency and the Department of Transportation, should further aid international efforts to reduce black carbon emissions from diesel trucks, 2- stroke engines, diesel generators, and industrial processes by providing technical assistance-- (A) to help developing nations lower the sulfur content of their diesel fuels; (B) to expand access to diesel particulate filters; (C) to provide vehicle manufacturers with low- emission engine designs; (D) to work with the Global Alliance for Clean Cookstoves to help developing nations establish thriving markets for clean and efficient cooking solutions; and (E) to develop other mitigation activities, including energy efficiency alternatives for generators and industrial processes. SEC. 6. GLOBAL REDUCTIONS IN HIGH-GWP FLUORINATED GASES. (a) Sense of Congress.-- (1) Actions by environmental protection agency.--It is the sense of Congress that the Administrator of the Environmental Protection Agency should-- (A) amend any regulations issued under section 608 of the Clean Air Act (42 U.S.C. 7671g)-- (i) to include hydrofluorocarbons; and (ii) to expand initiatives relating to the recovery and reclamation of hydrofluorocarbons. (B) cooperate with the Secretary of Energy in considering modifications to the Energy Star program established under section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) to recognize refrigerant systems that-- (i) achieve best-in-class energy efficiency savings; and (ii) utilize low global warming potential refrigerants and foam-blowing agents; and (C) remove high global warming potential hydrofluorocarbons from the Significant New Alternatives Policy Program authorized under section 612(c) of the Clean Air Act (42 U.S.C. 7671k(c)) for applications in which the Administrator has identified other alternatives that-- (i) are currently or potentially available; and (ii) reduce the overall risk to human health and the environment. (2) Sense of the senate.--It is the sense of the Senate that an amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer should ensure a smooth, technically feasible transition away from high-GWP HFC. (b) Study on High-GWP HFC Alternatives.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Energy and the Administrator of the Environmental Protection Agency, in collaboration with the National Institute of Standards and Technology, shall evaluate the availability of high-GWP HFC alternatives and submit a report to Congress that-- (1) identifies-- (A) the standards or regulatory barriers that are preventing the use of alternatives to high-GWP HFC in the United States that are in widespread use in other countries; (B) which standards or regulations need to be revised; and (C) what actions will be necessary to revise such standards or regulations; and (2) sets forth a plan for revising the standards referred to in paragraph (1) in the shortest possible time frame. (c) Prohibition of HCFC-22 Air Conditioning Condensing Equipment.-- (1) Amendment.--Section 605 of the Clean Air Act (42 U.S.C. 7671d) is amended by adding at the end the following: ``(e) HCFC-22 Air Conditioning Condensing Equipment.--Effective 1 year after the date of the enactment of the Super Pollutants Act of 2014, it shall be unlawful for any person to manufacture any uncharged hydrochlorofluorocarbon-22 air conditioning condensing equipment for residential use.''. (2) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations-- (A) to carry out the amendment made by paragraph (1); and (B) to reduce the allocation of HCFC-22 consumption allowances commensurate with anticipated decreased demand resulting from the prohibition of uncharged condensing equipment under sections 605(e) of the Clean Air Act, as added by paragraph (1). (d) R-134a Automotive Air Conditioning Servicing and Recharge Kits.-- (1) Study.--The Administrator of the Environmental Protection Agency shall conduct a study to determine whether the sale of R-134a automotive air conditioning recharge kits to consumers represents an environmentally significant source of high-GWP HFC emissions. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report to Congress that contains the results of the study conducted pursuant to paragraph (1). SEC. 7. REDUCTION OF METHANE LEAKAGE. (a) Technical Guidance.--The Secretary of State, the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the Secretary of Commerce shall-- (1) provide other countries with technical guidance on containment of emissions from gas drilling, landfills, coal mining, and agriculture when engaging with other governments, including trade delegations, under the auspices of Department of State's Global Shale Gas Initiative; and (2) collaborate with-- (A) the World Bank's Global Gas Flaring Reduction Partnership; and (B) the Environmental Protection Agency's Global Methane Initiative, Natural Gas STAR Program, and other voluntary reduction programs. (b) Gas Pipeline Infrastructure.-- (1) Study.-- (A) In general.--The Federal Energy Regulatory Commission, consistent with existing authority, shall conduct a study of methods utilized at facilities subject to the Commission's jurisdiction to reduce leaks and venting across natural gas facilities. (B) Issues to be examined.--In conducting the study required under this paragraph, the Commission shall examine-- (i) how the Commission's treatment of just and reasonable rates for interstate transmission could be reformed to incent pipeline operators to recover fugitive methane emissions; (ii) how the Commission could coordinate with other agencies, including the Department of Energy, the Environmental Protection Agency, and the Pipeline and Hazardous Materials Safety Administration, to ensure the development of rigorous and technically sound standards; and (iii) whether new pipeline systems are being engineered to meet the highest achievable standards for leak avoidance prior to being granted a construction certificate. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit a report to Congress that contains the results of the examination conducted pursuant to paragraph (1). (3) Inspection and maintenance program.--The Administrator of the Environmental Protection Agency shall establish a directed inspection and maintenance program that focuses on-- (A) identifying the types of equipment throughout the production value chain that are most likely to have high leak rates; and (B) efforts on replacing or monitoring those types of equipment. (c) Financing Conditions.--The U.S. Export-Import Bank and the Overseas Private Investment Corporation, when evaluating gas and oil- related projects for financial support, should condition financing for such projects upon-- (1) the deployment of the best technology, methods, and management practices for detecting and repairing leaks of methane throughout the oil and gas production, processing, transportation, and distribution system; (2) the minimization of venting and inefficient or unnecessary flaring; and (3) the deployment of best technology, methods, and management practices for reducing emissions of other air pollution, especially volatile organic compounds and hazardous air pollutants.", "summary": "Super Pollutants Act of 2014 - Establishes requirements for agencies to evaluate, mitigate, reduce, and report on the following short-lived climate pollutant emissions (non-carbon dioxide pollutants that contribute to global warming even though they stay in the atmosphere for only a short time): black carbon (soot emissions that absorb sunlight, reduce the reflectivity of snow and ice when deposited on them, and generate heat), methane, and high global warming potential hydrofluorocarbons (high-GWP HFC). Requires the President to establish the Interagency Task Force on Short-Lived Climate Pollutant Mitigation to address these pollutants through an action plan. Directs the Department of State to develop a comprehensive plan to reduce black carbon emissions from international shipping. Requires the U.S. Agency for International Development (USAID) to prioritize black carbon mitigation activities as part of aid distribution activities. Requires the Department of Energy (DOE) and the Environmental Protection Agency (EPA) to evaluate the availability of high-GWP HFC alternatives. Amends the Clean Air Act to prohibit the manufacture of any uncharged hydrochlorofluorocarbon-22 air-conditioning condensing equipment for residential use. Requires the EPA to determine whether the sale of R-134a automotive air-conditioning recharge kits to consumers represents an environmentally significant source of high-GWP HFC emissions. Requires the State Department, the DOE, the EPA, and the Department of Commerce to provide other countries with technical guidance on containing emissions from gas drilling, landfills, coal mining, and agriculture. Directs the EPA to establish an inspection and maintenance program for equipment that has high leak rates of methane gas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Vision Zero Act of 2017''. SEC. 2. VISION ZERO PLANNING GRANTS. (a) In General.--The Secretary of Transportation is authorized to award grants to eligible entities to develop a plan, known as a Vision Zero plan, to eliminate transportation-related fatalities and serious injuries in the jurisdiction of such entity within a specified timeframe, not to exceed 20 years. (b) Application.--To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information and assurances as the Secretary may require. (c) Plan Contents.--The Vision Zero plan described in subsection (a) shall include-- (1) a description of projects or policies intended to eliminate transportation-related fatalities and serious injuries within a specified timeframe, not to exceed 20 years, using existing transportation and health data and consideration of risk factors, which may include-- (A) an examination of how development and implementation of safety-focused automotive technologies, vehicle-to-vehicle communication, and vehicle-to-infrastructure communication can help eliminate transportation-related fatalities and serious injuries; and (B) roadway design guidance that prioritizes the safety of all users, with a focus on reducing speeds to the extent practicable within State law and separating modes of transportation; (2) plans for implementation of, education of the public about, and enforcement of such projects or policies; (3) a description of how such policies, projects, and enforcement will-- (A) equitably address the safety needs of low- income and minority communities; (B) ensure that such communities are not disproportionately targeted by law enforcement; and (C) protect the rights of members of such communities with respect to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); (4) a description of the required involvement of various subdivisions of a unit of local government in the implementation of the plan, including subdivisions in charge of law enforcement, public health, and public works; and (5) a description of a mechanism to evaluate progress of the implementation of the plan, including the gathering and use of transportation safety and demographic data. SEC. 3. VISION ZERO IMPLEMENTATION GRANT PROGRAM. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation may award grants to not more than 5 eligible entities to support the implementation of a Vision Zero plan to eliminate transportation-related fatalities and serious injuries in the jurisdiction of such entity within a specified timeframe, not to exceed 20 years. (b) Application.--To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information and assurances as the Secretary may require. (c) Vision Zero Plan Required.--To be eligible for a grant under this section, an eligible entity shall have in effect a Vision Zero plan that meets the requirements of section 2(c) and has been approved by local resolution, ordinance, or law. (d) Selection Criteria.--In selecting from among eligible entities to receive grants under subsection (a), the Secretary shall consider, at a minimum, the extent to which an entity-- (1) provided an opportunity for public input in the development of the plan, including documented engagement with low-income and minority communities; (2) considered existing plans and planning processes in the drafting of the vision zero plan; (3) structured the plan to meet performance measures as described in section 150(c) of title 23, United States Code; (4) demonstrates broad community support for the plan, including the commitment of community leaders to successful implementation of the plan; and (5) demonstrates the availability of State, local, or Federal funds, in addition to Federal funds made available under this section, for implementation of the plan. (e) Funding Limitations.-- (1) Population limitation.--Not less than 25 percent of the funds made available to carry out this section shall be used to make grants to eligible entities that serve a jurisdiction with a population of fewer than 200,000 individuals. (2) Federal share.-- (A) In general.--Except as provided by subparagraph (B), the Federal share of the cost of a project or activity carried out using grant funds made available under this section may not exceed 80 percent. (B) Funds from other federal sources.--Amounts made available to an eligible entity under another Federal program may be credited toward the non-Federal share of the cost of a project or activity described in subparagraph (A), at the option of the eligible entity. SEC. 4. ELIGIBLE ENTITY DEFINED. In this Act, the term ``eligible entity'' means a unit of local government including a city, town, township, borough, county, parish, district, village, or other political subdivision of a State. SEC. 5. REPORT. Not later than 2 years after the final grant is awarded under this Act, the Secretary shall submit to Congress, and make available to the public, a report on the progress of the projects and activities carried out using the grants including-- (1) a breakdown of infrastructure and noninfrastructure projects; (2) demographic data, in the aggregate, with respect to individuals charged with a violation of law referenced in the vision zero plan of an eligible entity that received a grant under this Act; and (3) best practices from the eligible entities that received a grant under section 3. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated, for each of fiscal years 2018 through 2022, $5,000,000 to carry out section 2 and $25,000,000 to carry out section 3.", "summary": "Vision Zero Act of 2017 This bill authorizes the Department of Transportation to award grants to a city, town, township, borough, county, parish, district, village, or other political subdivision of a state to develop a Vision Zero plan to eliminate transportation-related fatalities and serious injuries in its jurisdiction within a specified timeframe, not to exceed 20 years. The Department may award grants to up to five entities serving such jurisdictions, with at least 25% of grant funds going to entities that serve a jurisdiction with a population of under 200,000. The federal share of projects costs shall not exceed 80%."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Soil and Water Protection Act of 1992''. SEC. 2. FINDINGS. The Congress finds that-- (1) farmers, ranchers, and foresters have a sound understanding of protecting the Nation's rich natural resources; (2) soil and water damage and contamination have occurred and may occur in the future; (3) energy shortages have occurred and may occur in the future; (4) farmers, ranchers, and foresters are energy driven enterprises in conjunction with substantial soil and water usage; (5) farmers, ranchers and foresters can substantially make more efficient energy expenditures using energy saving management techniques; (6) practices such as fertility management, conservation tillage, and integrated pest management will provide future generations the enjoyment of improved environmental conditions such as better ground and surface water quality and soil fertility; (7) saving and conserving energy will benefit the public land; and (8) Federal agricultural policies and programs influence sound energy conservation and environmental objectives. SEC. 3. FEDERAL ENERGY CONSERVATION PROGRAM. (a) Establishment.--The Secretary of Agriculture, acting through the Soil Conservation Service, shall establish a Federal energy conservation program. (b) Criteria.--The Federal energy conservation program shall target and promote more efficient energy use in, and the conservation of energy with respect to, tillage practices, chemical and fertilizer management, irrigation management, livestock facility management, horticulture, and wood utilization. The Secretary shall provide grants and technical and educational assistance for projects in eligible States including (but not limited to) projects for-- (1) demonstrating the advantages of conservation tillage practices that promote energy efficiency and conservation; (2) training, pest scouting, and soil sampling in order to promote education concerning prescription application of animal manures, fertilizers, lime, soil conditioners and pesticide usage; (3) improving the efficient use of irrigation systems to reduce energy consumption; (4) managing livestock facilities for energy conservation; (5) managing horticultural facilities for energy conservation; and (6) improving efficiency in utilization of wood, including milling of forest products and the use of wood for production of energy. SEC. 4. FEDERAL GRANTS. (a) In General.--The Secretary, through the Soil Conservation Service, shall make grants to individuals or institutions that present to the Secretary an application and a plan for the energy conservation project-- (1) which was developed in consultation with an individual recognized by the Secretary to have expertise in energy conservation; and (2) that is within an eligible State which has an energy conservation program. (b) Advice From State Agriculture Energy Conservation Review Panel.--In making grants under this section, the Secretary shall take into consideration the advice received from the State agriculture energy conservation review panel pursuant to section 6(c)(2). (c) Limitations.--(1) Except as provided in paragraph (2), the Federal grant under this section for a project may not exceed $5,000. (2) In the case of a project in which a school, hospital, or other similar institution that is improving its energy efficiency by converting its heating system to a wood burning system, the Federal grant may not exceed $150,000. (3) Funds made available under this Act may not be used to pay for labor costs associated with a project. (4) Grants for a project may not be made until after receipts have been provided to the Secretary for the actual cost incurred for the project. SEC. 5. ALLOCATION AMONG ELIGIBLE STATES. The Secretary shall allocate funds made available to carry out this Act for a fiscal year to each State which is eligible for assistance. The allocation among States shall be equitable, based on the following: (1) The number and size of farms. (2) The potential for energy conservation. (3) The number and size of forest industries. The Secretary may allocate up to 25 percent of the funds allocated to any State with substantial forest industry to forest energy conservation projects. SEC. 6. STATE PARTICIPATION AND ASSISTANCE. (a) Eligible State.--The Secretary may provide assistance under this Act in a fiscal year for projects in a State which, before the beginning of that fiscal year-- (1) submits to the Secretary a plan describing in detail how the State will cooperate with the United States in carrying out this Act, including providing for-- (A) encouragement to persons to participate in the energy conservation program; (B) criteria to be used for recommending projects to be funded by the program; and (C) individuals with expertise in energy efficiency to advise program participants on energy conservation matters; and (2) has established an agriculture energy conservation review panel in accordance with subsection (c). (b) Cost Share.--The State may offer assistance and services in cooperation with the Secretary to enhance energy conservation efforts under this Act. (c) State Agriculture Energy Conservation Review Panel.--(1) An eligible State, together with the United States, shall establish an energy conservation review panel comprised of 6 members as follows: (A) The head of the State agricultural agency, or his designee. (B) The State forester or equivalent State official, or his designee. (C) The president of that State's Association of Conservation Districts, or his designee. (D) The State conservationist of the Soil Conservation Service for that State, or his designee. (E) The Cooperative Research Service Director for that State, or his designee. (F) The Cooperative Extension Director for the State, or his designee. (2) The State agriculture energy conservation review panel shall advise and recommend to the Secretary those projects that meet the requirements of this Act. In providing such advice and recommendations, the panel shall review and evaluate each project using the criteria referred to in subsection (a)(1)(B). SEC. 7. DEMONSTRATIONS, EDUCATION, AND TECHNICAL ASSISTANCE. (a) Agricultural Experiment Stations.--The Secretary shall establish and maintain demonstrations of energy-saving and energy efficient practices at agricultural experiment stations that can be implemented by agriculture procedures and the public. (b) Extension Service.--The Secretary, through the Extension Service, shall disseminate informational and educational materials and conduct demonstrations and training sessions. (c) Technical and Material Assistance.--In carrying out the Federal energy conservation program, the Secretary, acting through the Soil Conservation Service, shall provide such technical and material assistance to participants as the Secretary determines appropriate. SEC. 8. REPORT. Not later than March 31, 1994 and annually thereafter, the Secretary shall submit a report to the Congress describing the results of the Federal energy conservation program. In particular, the report shall include-- (1) the number and identification of States participating in the program; (2) a description of the projects for which grants were made pursuant to the program; (3) the energy efficiency practices performed and the estimated amount of conservation energy use as a result of the program; and (4) the number of States expected to participate in the program the next fiscal year. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $150,000,000 for each of the fiscal years 1994 through 1996 to carry out this Act.", "summary": "Soil and Water Protection Act of 1992 - Directs the Secretary of Agriculture, through the Soil Conservation Service, to establish a Federal energy conservation grant program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Hardship Relief Act''. SEC. 2. HARDSHIP EXEMPTION TO EMPLOYER HEALTH INSURANCE MANDATE FOR SMALL BUSINESSES. (a) In General.--Section 4980H of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Hardship Exemption for Small Businesses.-- ``(1) In general.--Subsections (a) and (b) shall not apply to any small business for any month if such small business is experiencing a hardship with respect to the calendar year in which such month begins. ``(2) Hardship.--A small business shall be treated for purposes of this subsection as experiencing a hardship for any calendar year if such business demonstrates to the satisfaction of the Secretary that such business-- ``(A) missed two or more consecutive loan payments during such year, ``(B) is a debtor in a title 11 case (as defined in section 108(d)(2)) the pendency of which includes any portion of such year, ``(C) received a notice from a utility during such year that such utility is preparing to stop providing services to such business by reason of nonpayment of amounts owed for utility service, ``(D) received a notice of eviction of foreclosure during such year, ``(E) experienced a fire, flood, other natural or human-caused disaster that resulted in substantial damage to property of the business during such year, or ``(F) experiences such other hardship during such year as the Secretary may determine for purposes of this subsection. ``(3) Limitation to 5 years of exemptions.--Paragraph (1) shall not apply to any small business for any calendar year if such paragraph has applied to such small business for any 5 previous calendar years. ``(4) Small business.--For purposes of this subsection-- ``(A) In general.--The term `small business' means, with respect to any calendar year, an employer who employed an average of not more than 100 full-time employees on business days during the preceding calendar year. ``(B) Application of certain rules for determining employer size; treatment of full-time equivalents as full-time employees.--Rules similar to the rules of subparagraphs (C) and (E) of subsection (c)(2) shall apply for purposes of this subsection.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to months beginning after the date of the enactment of this Act. (c) Hardship Exemption Not To Be Used as Sole Criteria for Audit.-- Notwithstanding any other provision of law, whether the hardship exemption provided under section 4980H of the Internal Revenue Code of 1986 (as added by this section) applies with respect to a taxpayer shall not be taken into account by the Internal Revenue Service as the sole factor in determining whether to audit such taxpayer. (d) Treasury Study on Additional Indications of Business Hardship.-- (1) Study.--The Secretary of the Treasury shall conduct a study regarding the additional hardships which would be appropriate to add to the list of hardships in paragraph (2) of section 4980H(e) of the Internal Revenue Code of 1986 (as added by this section), consistent with the purposes of such section. (2) Determination of additional hardships.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall, with respect to any hardship which the Secretary determines should be added to such list of hardships, add such hardship to such list by making the determination described in subparagraph (F) of such section. (3) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall provide a written report to Congress with respect to the study conducted under paragraph (1). Such report shall include a description of each hardship considered for inclusion in such list of hardships, whether the Secretary made the determination to include such hardship in such list, and the reasons that such hardship was or was not so included, as the case may be. (4) References to secretary of the treasury.--Any reference in this subsection to the Secretary of the Treasury shall include a reference to any designee of such Secretary.", "summary": "Small Business Hardship Relief Act - Amends the Internal Revenue Code to exempt from the employer mandate to provide minimum essential health care coverage for its employees a small business (i.e., an employer of not more than 100 full-time employees) experiencing a hardship. Defines \"hardship\" to include situations in which a small business has missed two or more consecutive loan payments, is a debtor in a Chapter 11 (reorganization) bankruptcy proceeding, has received a notice of termination of utility services or a notice of eviction, has experienced a fire, flood, or other disaster, or has experienced another hardships as determined by the Secretary of the Treasury. Directs the Secretary to conduct a study to identify additional hardships appropriate for granting an hardship exemption. Prohibits the Internal Revenue Service (IRS) from taking into account the applicability of a hardship exemption to a small business as the sole factor in determining whether to audit such business."}
{"article": "SECTION 1. CANYON FERRY RESERVOIR, MONTANA. (a) Definition of Individual Property Purchaser.--Section 1003 of title X of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-711) is amended-- (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; and (2) by inserting after paragraph (3) the following: ``(4) Individual property purchaser.--The term `individual property purchaser', with respect to an individual cabin site described in section 1004(b), means a person (including CFRA or a lessee) that purchases that cabin site. (b) Sale of Properties.--Section 1004 of title X of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, is amended-- (1) in subsection (c)(2) (112 Stat. 2681-713)-- (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by inserting after subparagraph (A) the following: ``(B) Appraisal.-- ``(i) Applicabiity.--In carrying out this paragraph, the requirements of this subparagraph shall apply to the greatest extent practicable and consistent with the Uniform Appraisal Standards for Federal Land Acquisition. ``(ii) Use of earlier appraisal.--The appraisal under subparagraph (A) shall use the Canyon Ferry Cabin Site appraisal with a completion date of March 29, 1999, and amended June 11, 1999, with an effective date of valuation of October 15, 1998, for the Bureau of Reclamation, on the conditions stated in this subparagraph. ``(iii) Modifications.--The contract appraisers that conducted the original appraisal having an effective date of valuation of October 15, 1998, for the Bureau of Reclamation shall make appropriate modifications to permit recalculation of the lot values established in the original appraisal into an updated appraisal, the function of which shall be to provide market values for the sale of each of the 265 Canyon Ferry Cabin site lots. ``(iv) Changes in property characteristics.--If there are any changes in the characteristic of a property that form part of the basis of the updated appraisal (including a change in size, easement considerations, or updated analyses of the physical characteristics of a lot), the contract appraisers shall make an appropriate adjustment to the updated appraisal. ``(v) Updating.--Subject to the approval of CFRA and the Secretary, the fair market values established by the appraisers under this paragraph may be further updated periodically by the contract appraisers through appropriate market analyses. ``(vi) Reconsideration.--The Bureau of Reclamation and the 265 Canyon Ferry cabin owners have the right to seek reconsideration, before commencement of the updated appraisal, of the assumptions that the appraisers used in arriving at the fair market values derived in the original appraisal. ``(vii) Continuing validity.--The October 15, 1998, Canyon Ferry Cabin Site original appraisal, as provided for in this paragraph, shall remain valid for use by the Bureau of Reclamation in the sale process for a period of not less than 3 years from the date of completion of the updated appraisal, to the extent consistent with the Uniform Appraisal Standards for Federal Land Acquisition.''; (2) in subsection (d) (112 Stat. 2681-713)-- (A) in paragraph (1)(D), by adding at the end the following: ``(iii) Remaining leases.-- ``(I) Continuation of leases.--The remaining lessees shall have a right to continue leasing through August 31, 2014. ``(II) Right to close.--The remaining lessees shall have the right to close under the terms of the sale at any time before August 31, 2014. On termination of the lease either by expiration under the terms of the lease or by violation of the terms of the lease, all personal property and improvements will be removed, and the cabin site shall remain in Federal ownership.''; and (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting ``or if no one (including CFRA) bids,'' after ``bid''; and (ii) in subparagraph (D)-- (I) by striking ``12 months'' and inserting ``36 months''; and (II) by adding at the end the following: ``If the requirement of the preceding sentence is not met, CFRA may close on all remaining cabin sites or up to the 75 percent requirement. If CFRA does not exercise either such option, the Secretary shall conduct another sale for the remaining cabin sites to close immediately, with proceeds distributed in accordance with section 1008.''; (3) by striking subsection (e) (112 Stat. 2681-714) and inserting the following: ``(e) Administrative Costs.-- ``(1) Allocation of funding.--The Secretary shall allocate all funding necessary to conduct the sales process for the sale of property under this title. ``(2) Reimbursement.--Any reasonable administrative costs incurred by the Secretary (including the costs of survey and appraisals incident to the conveyance under subsection (a)) shall be proportionately reimbursed by the property owner at the time of closing.''; and (4) by striking subsection (f) (112 Stat. 2681-714) and inserting the following: ``(f) Timing.--The Secretary shall-- ``(1) immediately begin preparing for the sales process on enactment of this Act; and ``(2) not later than 1 year after the date of enactment of this Act, and in accordance with all applicable laws, begin conveying the property described in subsection (b).''. (c) Montana Fish and Wildlife Conservation Trust.--Section 1007(b) of title X of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-715), is amended-- (1) in subsection (c)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``trust manager'' and inserting ``trust manager (referred to in this section as the `trust manager')''; (B) in paragraph (2)(A), in the matter preceding clause (i), by striking ``agency Board'' and inserting ``Agency Board (referred to in this section as the `Joint State-Federal Agency Board')''; and (C) in paragraph (3)(A), by striking ``Advisory Board'' and inserting ``Advisory Board (referred to in this section as the `Citizen Advisory Board')''; and (2) by adding at the end the following: ``(f) Recreation Trust Agreement.-- ``(1) In general.--The Trust, acting through the trust manager, in consultation with the Joint State-Federal Agency Board and the Citizen Advisory Board, shall enter into a legally enforceable agreement with CFRA (referred to in this section as the `Recreation Trust Agreement'). ``(2) Contents.--The Recreation Trust Agreement shall provide that-- ``(A) on receipt of proceeds of the sale of a property under section 1004, the Trust shall loan up to $3,000,000 of the proceeds to CFRA; ``(B) CFRA shall deposit all funds borrowed under subparagraph (A) in the Canyon Ferry-Broadwater County Trust; ``(C) CFRA and the individual purchasers shall repay the principal of the loan to the Trust as soon as reasonably practicable in accordance with a repayment schedule specified in the loan agreement; and ``(D) until such time as the principal is repaid in full, CFRA and the individual purchasers shall make an annual interest payment on the outstanding principal of the loan to the Trust at an interest rate determined in accordance with paragraph (4)(C). ``(3) Treatment of interest payments.--All interest payments received by the Trust under paragraph (2)(D) shall be treated as earnings under subsection (d)(2). ``(4) Fiduciary responsibility.--In negotiating the Recreation Trust Agreement, the trust manager shall act in the best interests of the Trust to ensure-- ``(A) the security of the loan; ``(B) timely repayment of the principal; and ``(C) payment of a fair interest rate, of not less than 6 nor more than 8 percent per year, based on the length of the term of a loan that is comparable to the term of a traditional home mortgage. ``(g) Restriction on Disbursement.--Except as provided in subsection (f), the trust manager shall not disburse any funds from the Trust until August 1, 2001, as provided for in the Recreation Trust Agreement, unless Broadwater County, at an earlier date, certifies that the Canyon Ferry-Broadwater County Trust has been fully funded in accordance with this title. ``(h) Condition to Sale.--No closing of property under section 1004 shall be made until the Recreation Trust Agreement is entered into under subsection (f)''. (d) Canyon Ferry-Broadwater County Trust.--Section 1008(b) of title X of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-718), is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) Agreement.-- ``(A) Condition to sale.--No closing of property under section 1004 shall be made until CFRA and Broadwater County enter into a legally enforceable agreement (referred to in this paragraph as the `Contributions Agreement') concerning contributions to the Trust. ``(B) Contents.--The Contributions Agreement shall require that on or before August 1, 2001, CFRA shall ensure that $3,000,000 in value is deposited in the Canyon Ferry-Broadwater County Trust from 1 or more of the following sources: ``(i) Direct contributions made by the purchasers on the sale of each cabin site. ``(ii) Annual contributions made by the purchasers. ``(iii) All other monetary contributions. ``(iv) In-kind contributions, subject to the approval of the County. ``(v) All funds borrowed by CFRA under section 1007(f). ``(vi) Assessments made against the cabin sites made under a county park district or any similar form of local government under the laws of the State of Montana. ``(vii) Any other contribution, subject to the approval of the County.''; (2) striking paragraph (3); (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following: ``(2) Alternative funding source.--If CFRA agrees to form a county park district under section 7-16-2401 et seq., of the Montana Code Annotated, or any other similar form of local government under the laws of the State of Montana, for the purpose of providing funding for the Trust pursuant to the Contributions Agreement, CFRA and Broadwater County may amend the Contributions Agreement as appropriate, so long as the monetary obligations of individual property purchases under the Contributions Agreement as amended are substantially similar to those specified in paragraph (1).''. (e) Technical Corrections.--Title X of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 is amended-- (1) in section 1001 (112 Stat. 2681-710), by striking ``section 4(b)'' and inserting ``section 1004(b)''; (2) in section 1003 (112 Stat. 2681-711)-- (A) in paragraph (1), by striking ``section 8'' and inserting ``section 1008''; (B) in paragraph (6), by striking ``section 7'' and inserting ``section 1007''; (C) in paragraph (8)-- (i) in subparagraph (A), by striking ``section 4(b)'' and inserting ``1004(b)''; and (ii) in subparagraph (B), by striking ``section 4(b)(1)(B)'' and inserting ``section 1004(b)(1)(B)''; and (D) in paragraph (9), by striking ``section 4'' and inserting ``section 104''; and (3) in section 1004 (112 Stat. 2681-712)-- (A) in subsection (b)(3)(B)(ii)(II), by striking ``section 4(a)'' and inserting ``section 1004(a)''; and (B) in subsection (d)(2)(G), by striking ``section 6'' and inserting ``section 1006''.", "summary": "Requires the appraisal of properties under such provisions to use the Canyon Ferry Cabin Site appraisal with a completion date of March 29, 1999, and amended June 11, 1999, with an effective date of valuation of October 15, 1998, for the Bureau. Directs the contract appraisers that conducted the original appraisal having such effective date of valuation to make modifications to permit recalculation of the lot values established in the original appraisal into an updated appraisal, the function of which shall be to provide market values for the sale of each of the 265 Canyon Ferry Cabin Site lots. Provides for adjustments to the updated appraisal based on changes in property characteristics. Authorizes periodic updates of the fair market values through appropriate market analyses, subject to the approval of the Canyon Ferry Recreation Association (CFRA) and the Secretary of the Interior. Grants the Bureau and the 265 Canyon Ferry cabin owners the right to seek reconsideration, before commencement of the updated appraisal, of the assumptions used by the appraisers in arriving at the fair market values derived in the original appraisal. Requires the original appraisal to remain valid for use by the Bureau in the sale process for a period of at least three years from the date of completion of the updated appraisal to the extent consistent with the Uniform Appraisal Standards for Federal Land Acquisition. Grants nonpurchasing lessees the right to continue leasing through August 31, 2014. Permits such lessees to close under the terms of the sale at any time before such date. Removes all personal property and improvements, on termination of the lease either by expiration or by violation of lease terms, and requires the cabin site to remain in Federal ownership. Requires the Secretary to close on the property and prepare all other properties for closing within 45 days if no one (including CFRA) bids for a property. Directs CFRA and the lessees to purchase at least 75 percent of the properties not later than August 1 of the year that begins at least 36 months (currently, 12 months) after title to the first property is conveyed by the Secretary to a lessee. Requires the Secretary to allocate all funding necessary to conduct the sales process for the sale of property under the Act. Directs the Secretary to begin: (1) preparing for the sales process on enactment of the Act; and (2) conveying the property not later than one year after the Act's enactment. Requires the Montana Fish and Wildlife Conservation Trust, acting through the trust manager, to enter into a legally enforceable Recreation Trust Agreement with CFRA. Requires the Agreement to provide that: (1) the Trust shall loan up to $3 million of a property's sale proceeds to CFRA; (2) CFRA shall deposit such borrowed funds in the Canyon Ferry-Broadwater County Trust; (3) CFRA and the individual purchasers shall repay loan principal to the Trust as soon as practicable in accordance with a loan agreement repayment schedule; and (4) CFRA and the purchasers shall make an annual interest payment (at a rate between six and eight percent) on the outstanding loan principal. Prohibits the trust manager, except as otherwise provided, from disbursing any Trust funds until August 1, 2001, unless Broadwater County, at an earlier date, certifies that the Canyon Ferry-Broadwater County Trust has been fully funded. Bars any closing of property until the Recreation Trust Agreement is entered into. Prohibits any closing of property until CFRA and Broadwater County enter into a legally enforceable agreement concerning contributions to the Trust. Provides that such agreement shall require that CFRA ensure that $3 million is deposited in the Canyon Ferry- Broadwater County Trust by August 1, 2001. (Current law prohibits any sale of property before such amount is deposited as the initial corpus of such trust.)"}
{"article": "SECTION 1. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) an individual's ability to survive periods of severe heat is based, in part on income, age, and health risks; (2) such a connection is well established and is proven by recent tragic deaths in and around the City of Chicago and Cook County, Illinois; and (3) reports published by the Centers for Disease Control indicate that the absence of air conditioning is a major factor contributing to illness and death during periods of extreme heat, especially among the elderly. SEC. 2. DECLARATION AND NOTIFICATION OF A HEAT EMERGENCY. Title 15, United States Code, is amended by adding the following new section: ``Sec. 330. (a) The Director of the National Weather Service shall notify the Secretary of Health and Human Services whenever any State, county, municipality, or other jurisdiction is subject to a heat emergency which threatens the health of its residents. ``(b) Such notification shall be delivered to the Secretary within one hour of the declaration being determined.''. SEC. 3. AUTHORIZATION OF A POOL OF EMERGENCY FUNDS; EMERGENCY EXPANSION OF ENERGY ASSISTANCE ELIGIBILITY. (a) Establishment of an ``Emergency Cooling Fund''.-- (1) Section 8621 of title 42, United States Code, is amended by adding at the end the following new section: ``(e) There is authorized a pool of monies that shall be added to the appropriations, referred to in this section; such funds shall be designated for the expressed purpose of providing assistance to low income recipients and seniors for the duration of a declared heat emergency.''. (2) Prior to authorization of the Fund referred to in (a) of this section, the Secretary of Health and Human Services shall research and report to Congress on the amount of funds needed to fully compensate public utilities for the delivery of energy necessary to sufficiently cool the residencies of a LIHEAP recipient in a manner that will alleviate the likelihood of heat-related illness and prevent the worsening of preexisting acute conditions. (3) The Secretary shall take into account the following when determining the amount of money necessary to fund the ``Emergency Cooling Fund''-- (A) the number of current LIHEAP recipients; (B) the amount of energy needed to cool the homes of LIHEAP recipients; and (C) the number of days in the previous calendar year in which the National Weather Service declared a heat emergency in areas served by LIHEAP. (4) The pool of monies established by Congress shall be no smaller than an amount equal to three times the amount referred to in the Secretary's report as being necessary to operate such a fund. (b) Eligibility of Seniors for Heat Related Assistance.--Section 8642(b)(2) of title 42, United States Code, is amended by adding the following: ``or (C) households with senior residents who, because of age and/or medical condition, may be susceptible to heat related illness.''. SEC. 4. USE OF ENERGY ASSISTANCE FUNDS DURING HEAT EMERGENCY. (a) Immediately upon receiving a notification of a heat emergency declaration referred to in section 2 of this Act, the Secretary of Health and Human Services shall direct the Governor of each State in which the emergency was declared that a portion funds referred to in section 8622 of title 42, United States Code, commonly known as ``LIHEAP'', as augmented by the funds referred to in section 3 of this Act, shall be designated by the State for the express use of providing energy to cool the residencies of current LIHEAP recipients, augmented by section 3 of this Act, during heat emergencies. (b) The Secretary of Health and Human Services shall, within five days of the passage of this Act, inform the Governors of the States that compliance with this Act is mandated. (c) Within ten days of the passage of this Act, the Governors of each State shall submit to the Secretary notification that provisions have been made, in conjunction with public utilities responsible for the delivery of electricity in the State, to provide for compensation to eligible LIHEAP recipients under this Act and such provisions shall-- (1) provide for compensation to all LIHEAP recipients to cover the full and total amount necessary to operate not less than one appliance to cool the recipient's residence; and (2) such compensation shall be in effect during the period in which a heat emergency is in effect in the state, and for the twenty-four hour period immediately following and immediately proceeding the declaration of the heat emergency. (d) No funds referred to in this Act shall be available to any State not submitting such notification to the Secretary within the allotted time. (e) Enhancement of Federal Oversight of Compliance by the States.-- Section 8624(b) of title 42, United States Code, is amended by striking the following language: ``The Secretary may not prescribe the manner in which the States will comply with the provisions of the subsection.'' SEC. 5. EXPEDITED DISTRIBUTION OF AIR CONDITIONING UNITS AND OTHER EQUIPMENT. (a) The Administrator of the General Services Administration shall receive notification of any declaration of a heat emergency as referenced in section 2 of this Act. (b) Such notification shall cause the Administrator to initiate procedures to locate any equipment, fixtures, and appliances-- including, but not limited to, air conditioners and fans--that are currently available through the Federal Supply Service or any other entity overseeing surplus Federal property. (c) The Administrator shall initiate expedited procedures to distribute such property to representatives of States and municipalities affected by the heat emergency, and to social service agencies and individuals located in those areas.", "summary": "Amends Federal law to require the Director of the National Weather Service to notify the Secretary of Health and Human Services of a heat emergency. Establishes an Emergency Cooling Fund to provide assistance to low-income families and senior citizens during a declared heat emergency. Makes senior citizens eligible for heat related assistance. Provides for the use of energy assistance funds during a heat emergency. Directs that the Administrator of the General Services Administration shall: (1) be notified of any declared heat emergency; and (2) expedite distribution of air conditioning units and other cooling equipment to affected localities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Telework Tax Incentive Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Federal, State, and local governments spend billions of dollars annually on the Nation's transportation needs. (2) Congestion on the Nation's roads costs over $74,000,000,000 annually in lost work time, fuel consumption, and costs of infrastructure and equipment repair. (3) On average on-road-vehicles contribute 30 percent of nitrogen oxides emissions. (4) It is estimated that staying at home to work requires 3 times less energy consumption than commuting to work. (5) It was recently reported that if an identified 10 to 20 percent of commuters switched to teleworking, 1,800,000 tons of regulated pollutants would be eliminated, 3,500,000,000 gallons of gas would be saved, 3,100,000,000 hours of personal time would be freed up, and maintenance and infrastructure costs would decrease by $500,000,000 annually because of reduced congestion and reduced vehicle miles traveled. (6) The average American daily commute is 62 minutes for a 44-mile round-trip (a total of 6 days per year and 5,808 miles per year). (7) The increase in work from 1969 to 1996, the increase in hours mothers spend in paid work, combined with a shift toward single-parent families resulted in families on average experiencing a decrease of 22 hours a week (14 percent) in parental time available outside of paid work they could spend with their children. (8) Companies with teleworking programs have found that teleworking can boost employee productivity 5 percent to 20 percent. (9) Today 60 percent of the workforce is involved in information work (an increase of 43 percent since 1990) allowing and encouraging decentralization of paid work to occur. (10) In recent years, studies performed in the United States have shown a marked expansion of teleworking, with an estimate of 19,000,000 Americans teleworking by the year 2002, 5 times the amount in 1990. SEC. 3. CREDIT FOR TELEWORKING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. TELEWORKING CREDIT. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified teleworking expenses paid or incurred by the taxpayer during such year. ``(b) Maximum Credit.-- ``(1) Per teleworker limitation.--The credit allowed by subsection (a) for a taxable year with respect to qualified teleworking expenses paid or incurred by or on behalf of an individual teleworker shall not exceed $500. ``(2) Reduction for teleworking less than full year.--In the case of an individual who is in a teleworking arrangement for less than a full taxable year, the amount referred to paragraph (1) shall be reduced by an amount which bears the same ratio to $500 as the number of months in which such individual is not in a teleworking arrangement bears to 12. For purposes of the preceding sentence, an individual shall be treated as being in a teleworking arrangement for a month if the individual is subject to such arrangement for any day of such month. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means-- ``(A) in the case of an individual, an individual who performs services for an employer under a teleworking arrangement, and ``(B) in the case of an employer, an employer for whom employees perform services under a teleworking arrangement. ``(2) Teleworking arrangement.--The term `teleworking arrangement' means an arrangement under which an employee teleworks for an employer not less than 75 days per year. ``(3) Qualified teleworking expenses.--The term `qualified teleworking expenses' means expenses paid or incurred under a teleworking arrangement for furnishings and electronic information equipment which are used to enable an individual to telework. ``(4) Telework.--The term `telework' means to perform work functions, using electronic information and communication technologies, thereby reducing or eliminating the physical commute to and from the traditional worksite. ``(d) Limitation Based on Amount of Tax.-- ``(1) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(2) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election to not take credit.--No credit shall be allowed under subsection (a) for any expense if the taxpayer elects to not have this section apply with respect to such expense. ``(5) Denial of double benefit.--No deduction or credit (other than under this section) shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section.''. (b) Technical Amendment.--Subsection (a) of section 1016 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following new paragraph: ``(28) to the extent provided in section 30B(e), in the case of amounts with respect to which a credit has been allowed under section 30B.''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 30B. Teleworking credit.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.", "summary": "Telework Tax Incentive Act - Amends the Internal Revenue Code to allow a tax credit of up to $500 annually for \"qualified teleworking expenses.\" Defines such expenses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail-Highway Grade Crossing Safety Act of 1994''. SEC. 2. FINDINGS. Congress finds that-- (1) there are approximately 170,000 public and 110,000 private at-grade rail-highway crossings in the United States; (2) during 1993, there were nearly 4,900 accidents at these crossings; (3) it is necessary to improve safety at our Nation's rail- highway crossings and along rail rights-of-way; (4) there are insufficient public funds to provide for the installation of warning systems that are automatically activated by approaching trains at all public crossings; (5) many of the Nation's public rail-highway crossings are unnecessary and should be closed; (6) rail-highway crossing consolidation will reduce the potential for rail-highway crossing collisions and will allow States to concentrate on improving safety at the remaining crossings; (7) incentives are needed to encourage State and local governments to increase the consolidation of rail-highway crossings; and (8) increased funding must be provided to educate motorists in their responsibilities at crossings in order to realize the full benefits from the public investment in rail-highway crossing warning systems. SEC. 3. RAIL-HIGHWAY GRADE CROSSING CLOSING PROGRAM. (a) Increased Federal Share.--Section 120(c) of title 23, United States Code, is amended by inserting ``rail-highway crossing closures,'' after ``vanpooling,''. (b) Incentive Funds; Benefits and Costs Analyses.--Section 130 of title 23, United States Code, is amended by redesignating subsection (h) as subsection (j) and inserting after subsection (g) the following: ``(h) Incentive Funds for Closing Crossings.-- ``(1) In general.--Subject to paragraph (2), any State, after adopting a policy requiring the review of the need for all new public at-grade rail-highway crossings, may, in its discretion, use the funds authorized under this section to provide an incentive payment to a local jurisdiction upon the permanent closing by the jurisdiction of a public at-grade crossing. ``(2) Conditions.--The incentive payments authorized by paragraph (1) of this subsection may be in amounts of not to exceed $7,500: Provided, That the funds are matched by an equal payment from the railroad owning the tracks on which the crossing is located. ``(3) Use of funds.--The local jurisdiction receiving funds under this subsection shall use the Federal funds portion of the incentive payment for transportation safety improvements only. ``(i) Public Benefits and Costs Analyses.--Not later than 18 months after the date of the enactment of this subsection, the Secretary shall establish guidelines to enable States to determine the public benefits and costs resulting from any new rail-highway grade crossings.''. SEC. 4. OPERATION LIFESAVER. Section 104(d)(1) of title 23, United States Code, is amended to read as follows: ``(1) Operation lifesaver.--Before making an apportionment of funds under subsection (b)(3) for a fiscal year, the Secretary shall set aside $500,000 of the funds authorized to be appropriated for the surface transportation program for such fiscal year for carrying out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities, to improve driver performance at railway-highway crossings, and to help prevent trespassing on rail rights-of-way and the resulting injuries and fatalities. Expenditure of any funds in excess of $300,000 shall be contingent upon receipt of matching funds from nonpublic sources.''. SEC. 5. GRADE CROSSING CORRIDOR SAFETY INCENTIVE PROGRAM. (a) Funding of Program.--Section 104(d) of title 23, United States Code, is amended by adding at the end the following: ``(4) Grade crossing corridor safety incentive program.-- Before making an apportionment of funds under subsection (b)(3) for a fiscal year, the Secretary shall set aside $15,000,000 of the funds authorized to be appropriated for the surface transportation program for such fiscal year to carry out a program to provide a financial incentive to States that review and implement grade crossing safety improvements on a corridor basis in accordance with section 130(k).''. (b) Establishment of Program.--Section 130 of title 23, United States Code, is amended by adding at the end the following: ``(k) Grade Crossing Corridor Safety Incentive Program.-- ``(1) In general.--The Secretary shall carry out a program to provide an additional financial incentive to States that review and implement grade crossing safety improvements on a corridor basis. Such financial incentive would be in addition to those funds available in accordance with the preceding subsections. ``(2) Project approval.--Funds authorized to be appropriated to carry out this subsection shall be available for obligation at the discretion of the Secretary. The Secretary shall issue investment criteria for approving projects under this section. ``(3) Applicability of other provisions.--All provisions of this chapter, other than provisions relating to apportionment formulas and Federal share, shall apply to funds made available to carry out this subsection, except as determined by the Secretary to be inconsistent with this subsection. Funds authorized to be appropriated to carry out this section shall remain available until expended.''.", "summary": "Rail-Highway Grade Crossing Safety Act of 1994 - Includes rail-highway crossing closures among the safety projects for which an increased Federal share of construction costs apply. Authorizes any State, after adopting a policy requiring the review of the need for all new public at-grade rail-highway crossings, to use certain authorized funds to provide an incentive payment to a local jurisdiction upon the permanent closing by the jurisdiction of a public at-grade crossing, provided that such payments may not exceed $7,500 and that the funds are matched by an equal payment from the railroad owning the tracks on which the crossing is located. Directs the local jurisdiction receiving funds to use the Federal funds portion of the incentive payment for transportation safety improvements only. Directs the Secretary to establish guidelines to enable States to determine the public benefits and costs resulting from any new rail-highway grade crossings. Revises provisions regarding Operation Lifesaver to require the Secretary of Transportation to set aside $500,000 of funds authorized to be appropriated for the surface transportation program (STP) for a given fiscal year for carrying out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities, to improve driver performance at railway-highway crossings, and to help prevent trespassing on rail rights-of-way and resulting injuries and fatalities. Directs that expenditure of any funds in excess of $300,000 be contingent upon receipt of matching funds from nonpublic sources. Requires the Secretary to: (1) set aside $15 million of funds authorized to be appropriated for the STP for a given fiscal year to carry out a program to provide a financial incentive to States that review and implement grade crossing safety improvements on a corridor basis; and (2) issue investment criteria for approving projects."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Responsibility, Accountability, and Consistency Act of 2008''. SEC. 2. INFORMATION REPORTING FOR PAYMENTS TO CORPORATIONS. (a) In General.--Section 6041 of the Internal Revenue Code of 1986 (relating to information at source) is amended by adding at the end the following new subsection: ``(h) Payments to Corporations.-- ``(1) In general.--Notwithstanding any regulations prescribed by the Secretary before the date of the enactment of this subsection, subsection (a) shall apply to payments made to a corporation. ``(2) Exception.--Paragraph (1) shall not apply to payments made to a hospital or extended care facility described in section 501(c)(3) which is exempt from taxation under section 501(a) or to a hospital or extended care facility owned and operated by the United States, a State, the District of Columbia, a possession of the United States, or a political subdivision, agency or instrumentality of any of the foregoing.''. (b) Effective Date.--The amendment made by this section shall apply to payments made more than 1 year after the date of the enactment of this Act. SEC. 3. DETERMINATION OF ELIGIBILITY FOR SAFE HARBOR TREATMENT OF INDIVIDUALS AS NON-EMPLOYEES FOR PURPOSES OF EMPLOYMENT TAXES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding at the end the following new section: ``SEC. 3511. SAFE HARBOR. ``(a) Termination of Certain Employment Tax Liability.-- ``(1) In general.--If-- ``(A) for purposes of employment taxes, the taxpayer did not treat an individual as an employee for any period, and ``(B) in the case of periods after December 31, 1978, all Federal tax returns (including information returns) required to be filed by the taxpayer with respect to such individual for such period are filed on a basis consistent with the taxpayer's treatment of such individual as not being an employee, then, for purposes of applying such taxes for such period with respect to the taxpayer, the individual shall be deemed not to be an employee unless the taxpayer had no reasonable basis for not treating such individual as an employee. This paragraph shall not apply with respect to an individual for any periods beginning after the date of notice of a determination that such individual should be treated as an employee of the taxpayer. ``(2) Statutory standards for satisfying the requirements of paragraph (1).--For purposes of paragraph (1), a taxpayer shall be treated as having a reasonable basis for not treating an individual as an employee only if-- ``(A) the taxpayer's treatment of such individual was in reasonable reliance on-- ``(i) a written determination (as defined in section 6110(b)(1)) issued to the taxpayer addressing the employment status of such individual or another individual holding a substantially similar position with the taxpayer, or ``(ii) a concluded examination (for employment tax purposes) of whether such individual (or another individual holding a substantially similar position) should be treated as an employee of the taxpayer, with respect to which there was no determination that such individual (or another individual holding a substantially similar position) should be treated as an employee, and ``(B) the taxpayer (or a predecessor) has not treated any other individual holding a substantially similar position as an employee for purposes of employment taxes for any period beginning after December 31, 1977. ``(b) Definitions.--For purposes of this section-- ``(1) Employment tax.--The term `employment tax' means any tax imposed by this subtitle. ``(2) Employment status.--The term `employment status' means the status of an individual, under the usual common law rules applicable in determining the employer-employee relationship, as an employee or as an independent contractor (or other individual who is not an employee). ``(c) Special Rules for Application of Section.-- ``(1) Notice of availability of section.--An officer or employee of the Internal Revenue Service shall, before or at the commencement of any examination relating to the employment status of one or more individuals who perform services for the taxpayer, provide the taxpayer with a written notice of the provisions of this section. ``(2) Rules relating to statutory standards.--For purposes of subsection (a)(2), with respect to any period beginning after the date of the enactment of this paragraph, a taxpayer may not rely on an examination commenced, or a written determination issued, more than 7 years before the beginning of such period. ``(3) Substantially similar position.--For purposes of this section, the determination as to whether an individual holds a position substantially similar to a position held by another individual shall be made by the Secretary in a manner consistent with the Fair Labor Standards Act of 1938. ``(d) Burden of Proof.--A taxpayer must establish entitlement to relief under this section by a preponderance of the evidence. ``(e) Petitions for Review of Status.-- ``(1) In general.--Under procedures established by the Secretary not later than 1 year after the date of the enactment of this section, any individual who performs services for a taxpayer may petition (either personally or through a designated representative or attorney) for a determination of the individual's status for employment tax purposes. ``(2) Administrative procedures.--The procedures established under paragraph (1) shall provide for-- ``(A) a determination of status not later than 90 days after the filing of the petition with respect to employment in any industry (such as the construction industry) in which employment is transient, casual, or seasonal, and ``(B) an administrative appeal of any determination that an individual is not an employee of the taxpayer. ``(3) Prohibition against retaliation.-- ``(A) In general.--No taxpayer may discharge an individual, refuse to contract with an individual, or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of the services provided by the individual because the individual (or any designated representative or attorney on behalf of such individual) filed a petition under paragraph (1). ``(B) Rights retained by individual.--Nothing in this paragraph shall be deemed to diminish the rights, privileges, or remedies of any individual under any Federal or State law, or under any collective bargaining agreement. ``(f) Results of Misclassification Determinations.--In any case in which the Secretary determines that a taxpayer has misclassified an individual as not an employee for employment tax purposes, the Secretary shall inform the Secretary of Labor about such misclassification and notify the individual of any eligibility for the refund of self-employment taxes under chapter 2. ``(g) Regulations.--The Secretary shall, not later than 1 year after the date of the enactment of this section, prescribe such regulations as may be necessary and appropriate to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 7436(a) of such Code is amendment by striking ``section 530 of the Revenue Act of 1978'' and inserting ``section 3511''. (2) The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Safe harbor.''. (c) Termination of Section 530 of the Revenue Act of 1978.--Section 530 of the Revenue Act of 1978 shall not apply to services rendered more than 1 year after the date of the enactment of this Act. (d) Effective Date.--The amendments made by this section shall apply to services rendered more than 1 year after the date of the enactment of this Act. SEC. 4. ANNUAL REPORTS ON WORKER MISCLASSIFICATION. The Secretary of the Treasury shall issue an annual report on worker misclassification. Such report shall include the following: (1) Information on the number and type of enforcement actions against, and examinations of, employers who have misclassified workers. (2) Relief obtained as a result of such actions against, and examinations of, employers who have misclassified workers. (3) An overall estimate of the number of employers misclassifying workers, the number of workers affected, and the industries involved. (4) The impact of such misclassification on the Federal tax system. (5) Information on the outcomes of the petitions filed under section 3511(e) of the Internal Revenue Code of 1986. SEC. 5. INCREASE IN INFORMATION RETURN PENALTIES. (a) Failure To File Correct Information Returns.-- (1) In general.--Section 6721(a)(1) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$50'' and inserting ``$250'', and (B) by striking ``$250,000'' and inserting ``$3,000,000''. (2) Reduction where correction in specified period.-- (A) Correction within 30 days.--Section 6721(b)(1) of such Code is amended-- (i) by striking ``$15'' and inserting ``$50'', (ii) by striking ``$50'' and inserting ``$250'', and (iii) by striking ``$75,000'' and inserting ``$500,000''. (B) Failures corrected on or before august 1.-- Section 6721(b)(2) of such Code is amended-- (i) by striking ``$30'' and inserting ``$100'', (ii) by striking ``$50'' and inserting ``$250'', and (iii) by striking ``$150,000'' and inserting ``$1,500,000''. (3) Lower limitation for persons with gross receipts of not more than $5,000,000.--Section 6721(d)(1) of such Code is amended-- (A) in subparagraph (A)-- (i) by striking ``$100,000'' and inserting ``$1,000,000'', and (ii) by striking ``$250,000'' and inserting ``$3,000,000'', (B) in subparagraph (B)-- (i) by striking ``$25,000'' and inserting ``$175,000'', and (ii) by striking ``$75,000'' and inserting ``$500,000'', and (C) in subparagraph (C)-- (i) by striking ``$50,000'' and inserting ``$500,000'', and (ii) by striking ``$150,000'' and inserting ``$1,500,000''. (4) Penalty in case of intentional disregard.--Section 6721(e) of such Code is amended-- (A) by striking ``$100'' in paragraph (2) and inserting ``$500'', (B) by striking ``$250,000'' in paragraph (3)(A) and inserting ``$3,000,000''. (b) Failure To Furnish Correct Payee Statements.-- (1) In general.--Section 6722(a) of such Code is amended-- (A) by striking ``$50'' and inserting ``$250'', and (B) by striking ``$100,000'' and inserting ``$1,000,000''. (2) Penalty in case of intentional disregard.--Section 6722(c) of such Code is amended-- (A) by striking ``$100'' in paragraph (1) and inserting ``$500'', and (B) by striking ``$100,000'' in paragraph (2)(A) and inserting ``$1,000,000''. (c) Failure To Comply With Other Information Reporting Requirements.--Section 6723 of such Code is amended-- (1) by striking ``$50'' and inserting ``$250'', and (2) by striking ``$100,000'' and inserting ``$1,000,000''. (d) Effective Date.--The amendments made by this section shall apply with respect to information returns required to be filed after December 31, 2008.", "summary": "Taxpayer Responsibility, Accountability and Consistency Act of 2008 - Amends the Internal Revenue Code to: (1) require reporting to the Internal Revenue Service (IRS) of payments of $600 or more made to corporations; (2) set forth criteria and rules relating to the treatment of workers as employees or independent contractors; and (3) increase penalties for failure to file correct tax return information or comply with other information reporting requirements. Requires the Secretary of the Treasury to issue an annual report on worker misclassification."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness and Accountability in Reorganizations Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) it is becoming more common for corporations that file for bankruptcy protection under chapter 11 of title 11, United States Code, to ask for great sacrifices from workers, retirees, creditors, and former shareholders, while executives provide themselves with generous bonuses and other forms of lucrative compensation; (2) in the case of one company, an executive pay package for key employees would have given executives and managers $510,000,000 in compensation, while rank-and-file workers were asked to take large wage cuts or forced to lose their jobs; (3) decency requires that the highly paid not seek to enrich themselves on the backs of working families; (4) some bankruptcies involve companies with both foreign and domestic operations, and judges need to be able to evaluate the entirety of the operations when deciding whether sacrifices by American workers and retirees are necessary; and (5) there is a need for fairness and accountability and a new partnership for the future of the American workforce. SEC. 3. EXECUTIVE COMPENSATION. Section 1129(a)(5) of title 11, United States Code, is amended-- (1) in subparagraph (A)(ii), by striking ``and'' at the end; and (2) in subparagraph (B), by striking the period at the end and inserting the following: ``; and ``(C) the compensation disclosed pursuant to subparagraph (B) has been approved by, or is subject to the approval of, the court, as reasonable.''. SEC. 4. LIMITATIONS ON COMPENSATION ENHANCEMENTS. Section 503(c) of title 11, United States Code, is amended-- (1) in paragraph (1), by inserting ``, or for the payment of a performance, incentive, or other bonus, or any other compensation enhancement'' after ``remain with the debtor's business''; and (2) by striking paragraph (3) and inserting the following: ``(3) other transfers or obligations, whether or not outside of the ordinary course of business, to or for the benefit of officers, managers, or consultants retained by the debtor, before or after the filing of the petition, in the absence of a finding by the court based upon evidence in the record, and without deference to the debtor's request for such payments, that such transfers or obligations are essential to the survival of the business or (in the case of a liquidation of some or all of the debtors' assets) essential to the orderly liquidation and maximization of value of the assets of the debtor, in either case, because of the essential nature of the services provided, and then only to the extent that the court finds those transfers or obligations are reasonable under the circumstances of the case.''. SEC. 5. TREATMENT OF FOREIGN AFFILIATES. (a) Collective Bargaining Agreements.--Section 1113(d) of title 11, United States Code, is amended by adding at the end the following: ``(4) Foreign Affiliates.--In determining whether the proposal required by subsection (b)(1) provides for those necessary modifications in employee benefits and protections that are necessary to permit the reorganization of the debtor and assures that all creditors, the debtor, and all affected parties are treated fairly and equitably, the court shall take into account the ongoing impact on the debtor of the debtor's relationship with all subsidiaries and affiliates, regardless of whether any such subsidiary or affiliate is domestic or nondomestic, or whether any such subsidiary or affiliate is a debtor entity.''. (b) Retiree Health Benefits.--Section 1114 of title 11, United States Code, is amended by adding at the end the following: ``(n) Retiree Health Benefits; Foreign Affiliates.--In determining whether the proposal required by subsection (f)(1)(A) provides for those necessary modifications in retiree benefits that are necessary to permit the reorganization of the debtor and assures that all creditors, the debtor, and all affected parties are treated fairly and equitably, the court shall take into account the ongoing impact on the debtor of the debtor's relationship with all subsidiaries and affiliates, regardless of whether any such subsidiary or affiliate is domestic or nondomestic, or whether any such subsidiary or affiliate is a debtor entity.''. SEC. 6. EFFECTIVE DATE. Notwithstanding any other provision of law, the amendments made by this Act shall apply to any case under chapter 11 of title 11, United States Code, filed or pending on or after October 1, 2005.", "summary": "Fairness and Accountability in Reorganizations Act of 2006 - Revises federal bankruptcy law to add to the conditions for court confirmation of a corporate reorganization plan that the compensation of an insider who will be employed or retained by the reorganized debtor has been approved by, or is subject to the approval of, the court, as reasonable. Prohibits the payment of a compensation enhancement in order to induce an insider of the debtor to remain with the debtor's business, unless the court finds that any transfers or obligations to or for the insider's benefit are essential to the survival of the business, or to the orderly liquidation and maximization of the value of the debtor's assets. Revises requirements for collective bargaining agreements and retiree health benefits to instruct the court to take into account the ongoing impact on the debtor of the debtor's relationship with all subsidiaries and affiliates, regardless of whether domestic or foreign, or whether any such subsidiary or affiliate is a debtor entity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Frank Buckles World War I Memorial Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2017, the United States will commemorate the centennial of its entry into World War I, which introduced the American soldier to the world in what would become a familiar role as defender, liberator, and promoter of peace and democracy. (2) The support provided by the United States to Great Britain, France, and other allies in World War I marked the first time in the history of the United States that American soldiers went overseas to defend foreign soil against aggression, and it marked the true beginning of ``the American century''. (3) Although World War I was called the ``Great War'' and the ``War to End All Wars'', in fact, the United States would commit its troops to the defense of foreign lands several more times in the 20th century. (4) While three of these subsequent conflicts, World War II, the Korean War, and the Vietnam War, rightfully have commemorative memorials on the National Mall in the District of Columbia, there is no memorial to World War I on the Mall, even though more Americans gave their lives in World War I than in either the Korean War or the Vietnam War. (5) While a memorial to General John Pershing and the American Expeditionary Forces that he led during World War I is located in the District of Columbia, that memorial is not located on the Mall and does not commemorate the total participation of the United States and its Armed Forces in World War I. (6) The District of Columbia War Memorial is located on the Mall, adjacent to the Lincoln Reflecting Pool between the World War II and Korean War memorials, and was erected in memory of the 499 residents of the District of Columbia who died in World War I. (7) The District of Columbia War Memorial is in extreme disrepair and is often overlooked by residents and visitors to Washington. (8) In recognition of the upcoming anniversaries of America's entry into World War I, and of the armistice that concluded World War I on November 11, 1918, and in order to honor the members of the United States Armed Forces who served in World War I and to ensure that future generations of Americans will know the complete history of America's 20th- century struggle against aggression and totalitarianism, it is timely and proper to rededicate the site of the District of Columbia War Memorial on the National Mall as a ``National and District of Columbia World War I Memorial''. (9) Because this Act authorizes the rededication and related enhancement of a commemorative work that already exists, and that is already sited within the Reserve as defined in Commemorative Works Act, the provisions of the Commemorative Works Act regarding site approval and location of commemorative works do not apply to this Act. SEC. 3. AUTHORITY TO ESTABLISH COMMEMORATIVE WORK. The World War I Memorial Foundation is authorized to establish a commemorative work rededicating the District of Columbia War Memorial as a National and District of Columbia World War I Memorial, including-- (1) full restoration of the existing District of Columbia War Memorial; and (2) the addition of an appropriate sculptural or other commemorative element, which shall complement and preserve the existing memorial and its landscape, at the site of the existing memorial to make it a national memorial. SEC. 4. COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE WORKS; LOCATION OF MEMORIAL. (a) In General.--Except as provided by subsection (b), the rededication of the District of Columbia War Memorial shall be in accordance with chapter 89 of title 40, United States Code (popularly known as the Commemorative Works Act). (b) Exception.--Sections 8908 and 8905 of title 40, United States Code shall not apply to this Act. SEC. 5. PRIVATE CONTRIBUTIONS. The Foundation shall solicit and accept private contributions for the memorial. SEC. 6. DEPOSIT OF EXCESS FUNDS. If, upon payment of all expenses of the rededication (including the maintenance and preservation amount provided for in chapter 89 of title 40, United States Code, or upon expiration of the authority for the commemorative work under such chapter), there remains a balance of funds received for the establishment of the commemorative work, the World War I Memorial Foundation shall transmit the amount of the balance to the Secretary of the Treasury for deposit in the account provided for in section 8906(b) of title 40, United States Code.", "summary": "Frank Buckles World War I Memorial Act - Authorizes the World War I Memorial Foundation to establish a commemorative work rededicating the District of Columbia War Memorial as a National and District of Columbia World War I Memorial."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Right to Know Act''. SEC. 2. NOTICE REQUIREMENTS FOR LARGE PENSION PLANS SIGNIFICANTLY REDUCING FUTURE PENSION BENEFIT ACCRUALS. (a) Plan Requirement.--Section 401(a) of the Internal Revenue Code of 1986 (relating to qualified pension, profit-sharing, and stock bonus plans) is amended by inserting after paragraph (34) the following new paragraph: ``(35) Notice requirements for large defined benefit plans significantly reducing future benefit accruals.-- ``(A) In general.--If a large defined benefit plan adopts an amendment which has the effect of significantly reducing the rate of future benefit accrual of 1 or more participants, a trust which is part of such plan shall not constitute a qualified trust under this section unless, after adoption of such amendment and not less than 15 days before its effective date, the plan administrator provides-- ``(i) a written statement of benefit change described in subparagraph (B) to each applicable individual, and ``(ii) a written notice setting forth the plan amendment and its effective date to each employee organization representing participants in the plan. Any such notice may be provided to a person designated, in writing, by the person to which it would otherwise be provided. The plan administrator shall not be treated as failing to meet the requirements of this subparagraph merely because the statement or notice is provided before the adoption of the plan amendment if no material modification of the amendment occurs before the amendment is adopted. ``(B) Statement of benefit change.--A statement of benefit change described in this subparagraph shall-- ``(i) be written in a manner calculated to be understood by the average plan participant, and ``(ii) include the information described in subparagraph (C). ``(C) Information contained in statement of benefit change.--The information described in this subparagraph includes the following: ``(i) Notice setting forth the plan amendment and its effective date. ``(ii) A comparison of the following amounts under the plan with respect to an applicable individual, determined both with and without regard to the plan amendment: ``(I) The accrued benefit and the present value of the accrued benefit as of the effective date. ``(II) The projected accrued benefit and the projected present value of the accrued benefit as of the date which is 3 years, 5 years, and 10 years from the effective date and as of the normal retirement age. ``(iii) A table of all annuity factors used to calculate benefits under the plan, presented in the form provided in section 72 and the regulations thereunder. Benefits described in clause (ii) shall be stated separately and shall be calculated by using the applicable mortality table and the applicable interest rate under section 417(e)(3)(A). ``(D) Large defined benefit plan; applicable individual.--For purposes of this paragraph-- ``(i) Large defined benefit plan.--The term `large defined benefit plan' means any defined benefit plan which had 1,000 or more participants who had accrued a benefit under the plan (whether or not vested) as of the last day of the plan year preceding the plan year in which the plan amendment becomes effective. ``(ii) Applicable individual.--The term `applicable individual' means-- ``(I) each participant in the plan, and ``(II) each beneficiary who is an alternate payee (within the meaning of section 414(p)(8)) under an applicable qualified domestic relations order (within the meaning of section 414(p)(1)(A)). ``(E) Accrued benefit; projected retirement benefit.--For purposes of this paragraph-- ``(i) Present value of accrued benefit.-- The present value of an accrued benefit of any applicable individual shall be calculated as if the accrued benefit were in the form of a single life annuity commencing at the participant's normal retirement age (and by taking into account any early retirement subsidy). ``(ii) Projected accrued benefit.-- ``(I) In general.--The projected accrued benefit of any applicable individual shall be calculated as if the benefit were payable in the form of a single life annuity commencing at the participant's normal retirement age (and by taking into account any early retirement subsidy). ``(II) Compensation and other assumptions.--Such benefit shall be calculated by assuming that compensation and all other benefit factors would increase for each plan year beginning after the effective date of the plan amendment at a rate equal to the median average of the CPI increase percentage (as defined in section 215(i) of the Social Security Act) for the 5 calendar years immediately preceding the calendar year before the calendar year in which such effective date occurs. ``(III) Benefit factors.--For purposes of subclause (II), the term `benefit factors' means social security benefits and all other relevant factors under section 411(b)(1)(A) used to compute benefits under the plan which had increased from the 2d plan year preceding the plan year in which the effective date of the plan amendment occurs to the 1st such preceding plan year. ``(iii) Normal retirement age.--The term `normal retirement age' means the later of-- ``(I) the date determined under section 411(a)(8), or ``(II) the date a plan participant attains age 62.'' (b) Amendments to ERISA.-- (1) Benefit statement requirement.--Section 204(h) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(h)) is amended by adding at the end the following new paragraphs: ``(3)(A) If paragraph (1) applies to the adoption of a plan amendment by a large defined benefit plan, the plan administrator shall, after adoption of such amendment and not less than 15 days before its effective date, provide with the notice under paragraph (1) a written statement of benefit change described in subparagraph (B) to each applicable individual. ``(B) A statement of benefit change described in this subparagraph shall-- ``(i) be written in a manner calculated to be understood by the average plan participant, and ``(ii) include the information described in subparagraph (C). ``(C) The information described in this subparagraph includes the following: ``(i) A comparison of the following amounts under the plan with respect to an applicable individual, determined both with and without regard to the plan amendment: ``(I) The accrued benefit and the present value of the accrued benefit as of the effective date. ``(II) The projected accrued benefit and the projected present value of the accrued benefit as of the date which is 3 years, 5 years, and 10 years from the effective date and as of the normal retirement age. ``(ii) A table of all annuity factors used to calculate benefits under the plan, presented in the form provided in section 72 of the Internal Revenue Code of 1986 and the regulations thereunder. Benefits described in clause (i) shall be stated separately and shall be calculated by using the applicable mortality table and the applicable interest rate under section 417(e)(3)(A) of such Code. ``(D) For purposes of this paragraph-- ``(i) The term `large defined benefit plan' means any defined benefit plan which had 1,000 or more participants who had accrued a benefit under the plan (whether or not vested) as of the last day of the plan year preceding the plan year in which the plan amendment becomes effective. ``(ii) The term `applicable individual' means an individual described in subparagraph (A) or (B) of paragraph (1). ``(E) For purposes of this paragraph-- ``(i) The present value of an accrued benefit of any applicable individual shall be calculated as if the accrued benefit were in the form of a single life annuity commencing at the participant's normal retirement age (and by taking into account any early retirement subsidy). ``(ii)(I) The projected accrued benefit of any applicable individual shall be calculated as if the benefit were payable in the form of a single life annuity commencing at the participant's normal retirement age (and by taking into account any early retirement subsidy). ``(II) Such benefit shall be calculated by assuming that compensation and all other benefit factors would increase for each plan year beginning after the effective date of the plan amendment at a rate equal to the median average of the CPI increase percentage (as defined in section 215(i) of the Social Security Act) for the 5 calendar years immediately preceding the calendar year before the calendar year in which such effective date occurs. ``(III) For purposes of subclause (II), the term `benefit factors' means social security benefits and all other relevant factors under section 204(b)(1)(A) used to compute benefits under the plan which had increased from the 2d plan year preceding the plan year in which the effective date of the plan amendment occurs to the 1st such preceding plan year. ``(iii) The term `normal retirement age' means the later of-- ``(I) the date determined under section 3(24), or ``(II) the date a plan participant attains age 62. ``(4) A plan administrator shall not be treated as failing to meet the requirements of this subsection merely because the notice or statement is provided before the adoption of the plan amendment if no material modification of the amendment occurs before the amendment is adopted.'' (2) Conforming amendment.--Section 204(h)(1) of such Act (29 U.S.C. 1054(h)(1)) is amended by inserting ``(including any written statement of benefit change if required by paragraph (3))'' after ``written notice''. (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to plan amendments taking effect in plan years beginning on or after the earlier of-- (A) the later of-- (i) January 1, 1999, or (ii) the date on which the last of the collective bargaining agreements pursuant to which the plan is maintained terminates (determined without regard to any extension thereof after the date of the enactment of this Act), or (B) January 1, 2001. (2) Exception where notice given.--The amendments made by this section shall not apply to any plan amendment for which written notice was given to participants or their representatives before March 17, 1999, without regard to whether the amendment was adopted before such date. (3) Special rule.--The period for providing any notice required by, or any notice the contents of which are changed by, the amendments made by this Act shall not end before the date which is 6 months after the date of the enactment of this Act.", "summary": "Pension Right to Know Act - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to set forth notice requirements for large pension plans which significantly reduce future benefit accruals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Modernization and Diversification Act of 2010''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Bank.--The term ``bank'' means-- (A) an insured depository institution, as such term is defined under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)); and (B) an insured credit union, as such term is defined under section 101(7) of the Federal Credit Union Act (12 U.S.C. 1752(7)). (2) Collateral support program.--The term ``Collateral Support Program'' means a program described under section 4. (3) Loan participation program.--The term ``Loan Participation Program'' means a program described under section 5. (4) Qualified manufacturer.--The term ``qualified manufacturer'' means a business that is engaged in manufacturing and-- (A) has less than $50,000,000 in annual revenue; and (B) has less than $50,000,000 in assets. (5) Revolving loan fund.--The term ``revolving loan fund'' means the revolving loan fund established under section 3(d). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (7) SPV.--The term ``SPV'' means a special purpose vehicle created by a State. (8) Termination date.--The term ``termination date'' means the date that is the end of the 2-year period beginning on the date the Secretary issues regulations pursuant to section 3(b)(4). SEC. 3. FEDERAL LOAN PROGRAM TO SPVS. (a) In General.--The Secretary shall certify SPVs to take part in a program to carry out Collateral Support Programs and Loan Participation Programs for the benefit of qualified manufacturers (hereinafter in this section described as the ``loan program''). (b) Application Process.-- (1) In general.--Each SPV wishing to participate in the loan program shall submit an application to the Secretary, in such form and manner as the Secretary may require, containing-- (A) a detailed proposal for the structure of the Collateral Support Program the SPV proposes to carry out, including what criteria the SPV intends to use to determine which qualified manufacturers will be eligible to participate; (B) a detailed proposal for the structure of the Loan Participation Program the SPV proposes to carry out, including what criteria the SPV intends to use to determine which qualified manufacturers will be eligible to participate; and (C) such other information as the Secretary may require. (2) Additional requirements.-- (A) Interest rate.--Loans made to SPVs by the Secretary under the loan program shall be made with an interest rate of 0.5 percent. (B) Treatment of payments from qualified manufacturers.--The amount of all fees and interest payments paid by qualified manufacturers to an SPV under Collateral Support Programs and Loan Participation Programs that is more than the amount required by the SPV to repay the principal and interest amounts on loans made to the SPV under the loan program shall be retained by the SPV. (C) No disqualification by reason of participation.--Participation in a Collateral Support Program or a Loan Participation Program by a qualified manufacturer shall not disqualify such manufacturer from receiving assistance related to such loan under other Federal programs as well, including programs carried out by the Small Business Administration and the Department of Agriculture. (D) Limitations on spvs.--Only 1 SPV per State may be certified to participate in the loan program. (E) Oversight.--The Secretary shall issue regulations to require each SPV participating in the loan program to make periodic reports to the Secretary at any time such SPV has a loan outstanding under the loan program. Such reports shall contain such information as the Secretary determines appropriate to maintain oversight of the funds used in the loan program. (3) Determination factors.--In making the determination of which SPVs should be certified to take part in the loan program, the Secretary shall consider-- (A) all information submitted in the application of an SPV under paragraph (1); (B) the number of jobs that will likely be created by programs proposed by the SPV; (C) the amount of economic distress experienced by the State in which the SPV is located, including the unemployment rate of such State; and (D) the likelihood that the SPV will be able to successfully administer the programs proposed by the SPV. (4) Rulemaking.--The Secretary shall issue all regulations necessary for the submission of applications described under paragraph (1) no later than 90 days after the date of the enactment of this Act. (c) Loan-Making Process.-- (1) In general.--Each time a certified SPV wishes to make a loan under a Collateral Support Program or a Loan Participation Program, the certified SPV shall make a request to the Secretary, who shall loan the requested amount to the SPV from the revolving loan fund, as long as sufficient amounts remain in the fund. (2) Time period.--An SPV may not make any new loans under a Collateral Support Program or a Loan Participation Program after the termination date. (d) Revolving Loan Fund.-- (1) In general.--There is established in the Treasury a revolving loan fund for the loan program. (2) Initial transfer.-- (A) Funding from the tarp.--Of funds made available to the Secretary under title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) that remain unobligated, the Secretary shall transfer and credit $20,000,000,000 to the revolving loan fund. (B) Authorization.--The amounts transferred under subparagraph (A) shall be deemed to be for actions authorized under title I of the Emergency Economic Stabilization Act of 2008. (3) Expenditures.--The Secretary shall use the amounts in the revolving loan fund to carry out the loan program. (4) Deposits.--The Secretary shall deposit amounts received as payment and interest on loans provided under the loan program into the revolving loan fund. (e) Termination of Loan Program.--On and after the termination date-- (1) no additional loans may be made by the Secretary under the loan program; (2) all amounts in the revolving loan fund shall be paid into the general fund of the Treasury; and (3) all amounts that would otherwise have been paid into the revolving loan fund shall be paid into the general fund of the Treasury. SEC. 4. COLLATERAL SUPPORT PROGRAM. (a) In General.--With respect to an SPV, a program is described under this section if, under such program-- (1) a qualified manufacturer that wishes to receive a loan from a bank, but would not otherwise have sufficient collateral to qualify for such a loan, may ask the bank to seek collateral support for such loan from the SPV; (2) the bank submits an application to the SPV to participate in the collateral support program, in such form and manner and containing such information as the SPV may require; (3) the SPV, if approving such application, deposits cash with the bank in an interest bearing account under the SPV's name, and allows such cash to act as collateral support for the qualified manufacturer's loan; (4) the interest paid on such cash deposit is paid to the SPV; and (5) as the qualified manufacturer repays the loan over time, the SPV draws down the amount deposited with the bank. (b) Additional Requirements.--A program described under subsection (a) shall additionally have the following requirements: (1) Deposit limits.--The cash deposit made by the SPV may not represent more than 49.9 percent of the total loan amount and may not be in an amount more than 49.9 percent of the non- equity capital of the qualified manufacturer at the time the loan is made. (2) Loan amount.--The SPV may not provide more than $20,000,000 to any one qualified manufacturer under the collateral support program. (3) Fees.--The SPV shall require a fee or fees to be paid by the qualified manufacturer to the SPV, at loan closing or annually, which shall consist of no more than 3 percent of the value of the cash deposit per fee. The SPV may determine whether such fee should be paid in cash or in options to purchase equity in the qualified manufacturer, but in no case may such options allow for the purchase of equity in the qualified manufacturer that would result in the SPV holding more than 15 percent of the voting rights of the equity of such qualified manufacturer. (4) Exit fee.--In the event that the qualified manufacturer defaults on the loan made under the collateral support program, the bank shall repay to the SPV an amount equal to 5 percent of the initial deposit made by the SPV. (5) Oversight.--The SPV shall require-- (A) the bank to make periodic reports to the SPV during the life of the loan; and (B) such other reports from the bank and the qualified manufacturer as the SPV determines appropriate to maintain oversight. SEC. 5. LOAN PARTICIPATION PROGRAM. (a) In General.--With respect to an SPV, a program is described under this section if, under such program-- (1) a qualified manufacturer that wishes to receive a loan from a bank, but would not otherwise qualify for such a loan, may ask the bank to seek loan participation for such loan from the SPV; (2) the bank submits an application to the SPV to participate in the loan participation program, in such form and manner and containing such information as the SPV may require; (3) the SPV, if approving such application, will agree to purchase between 1 to 49.9 percent of such loan, upon the bank making such loan; (4) the bank shall continue to service the entire loan; and (5) the SPV may, in coordination with the bank, permit the qualified manufacturer to forbear payments of interest or defer payments of principal on the amount of such loan purchased by the SPV for a period of no longer than 3 years from the date such loan is made. (b) Additional Requirements.--A program described under subsection (a) shall additionally have the following requirements: (1) Loan amount.--The SPV may not pay more than $20,000,000 for any portion of loans made to any one qualified manufacturer under the loan participation program. (2) Fee.-- (A) One-time fee.--The SPV shall require a one-time fee from the qualified manufacturer in exchange for the SPV participating in the loan participation program. (B) Annual fee.--The bank shall require the qualified manufacturer to pay an annual fee to the bank of a minimum of 0.5 percent, and a maximum of 2 percent, of the amount of the portion of the loan purchased by the SPV under the loan participation program. (3) Oversight.--The SPV shall require-- (A) the bank to make periodic reports to the SPV during the life of the loan; and (B) such other reports from the bank and the qualified manufacturer as the SPV determines appropriate to maintain oversight. SEC. 6. REPORT. Not later than the end of the 6-month period beginning on the date of the enactment of this Act, and quarterly thereafter while any loan remains outstanding under the loan program carried out under section 3, the Secretary shall issue a report to the Congress containing-- (1) a list of the active participants in Collateral Support Programs and Loan Participation Programs; and (2) an estimate of the impact the loan program has had on-- (A) the overall economy; and (B) the creation of new jobs or the preservation of existing jobs.", "summary": "Manufacturing Modernization and Diversification Act of 2010 - Directs the Secretary of the Treasury to certify special purpose vehicles (SPVs) created by a state to take part in a program to carry out collateral support and loan participation programs for the benefit of qualified manufacturers (manufacturers with less than $50 million in annual revenue and less than $50 million in assets). Outlines SPV application requirements. Allows, under the collateral support program, a qualified manufacturer that wishes to receive a bank loan but has insufficient collateral to ask the bank to seek collateral loan support from the SPV. Prohibits an SPV from providing more than $20 million in collateral support to any one manufacturer. Requires manufacturers to be charged a fee for such support. Allows, under the loan participation program, a qualified manufacturer that wishes to receive a bank loan but would not otherwise qualify for the loan to ask the bank to seek participation for such loan from the SPV. Prohibits an SPV from providing more than $20 million in participation support to any one manufacturer. Requires manufacturers to be charged a fee for such support. Requires: (1) periodic reports from such banks to participating SPVs; and (2) quarterly reports from the Secretary to Congress on participants in and impacts of the support and participation programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Modernization Commission Act of 2001''. SEC. 2. ESTABLISHMENT. There is established the Antitrust Modernization Commission (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF THE COMMISSION. The duties of the Commission are-- (1) to investigate and to study issues and problems relating to the modernization of the antitrust laws, (2) to solicit divergent views of all parties concerned with the operation of the antitrust laws, (3) to evaluate the advisability of proposals and current arrangements with respect to such issues and such problems, and (4) to prepare and to submit to the Congress and the President a report in accordance with section 8. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 12 members appointed as follows: (1) Four members, no more than 2 of whom shall be of the same political party, shall be appointed by the President. One of such members shall be designated by the President as chairperson of the Commission. (2) Two members shall be appointed by the majority leader of the Senate. (3) Two members shall be appointed by the minority leader of the Senate. (4) Two members shall be appointed by the Speaker of the House of Representatives. (5) Two members shall be appointed by the minority leader of the House of Representatives. (b) Ineligibility for Appointment.--Members of Congress shall be ineligible for appointment to the Commission. (c) Term of Appointment.-- (1) In general.--Subject to paragraph (2), members of the Commission shall be appointed for the life of the Commission. (2) Early termination of appointment.--If a member of the Commission who is appointed to the Commission as-- (A) an officer or employee of a government ceases to be an officer or employee of such government; or (B) an individual who is not an officer or employee of a government becomes an officer or employee of a government; then such member shall cease to be a member of the Commission on the expiration of the 90-day period beginning on the date such member ceases to be such officer or employee of such government, or becomes an officer or employee of a government, as the case may be. (d) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may conduct meetings. (e) Appointment Deadline.--Initial appointments under subsection (a) shall be made not later than 60 days after the date of enactment of this Act. (f) Meetings.--The Commission shall meet at the call of the chairperson. The first meeting of the Commission shall be held not later than 30 days after the date on which all members of the Commission are first appointed under subsection (a) or funds are appropriated to carry out this Act, whichever occurs later. (g) Vacancy.--A vacancy on the Commission shall be filled in the same manner as the initial appointment is made. (h) Consultation Before Appointment.--Before appointing members of the Commission, the President, the majority and minority leaders of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall consult with each other to ensure fair and equitable representation of various points of view in the Commission. SEC. 5. COMPENSATION OF THE COMMISSION. (a) Pay.-- (1) Nongovernment employees.--Each member of the Commission who is not otherwise employed by a government shall be entitled to receive the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5 United States Code, as in effect from time to time, for each day (including travel time) during which such member is engaged in the actual performance of duties of the Commission. (2) Government employees.--A member of the Commission who is an officer or employee of a government shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Commission. (b) Travel Expenses.--Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. SEC. 6. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.-- (1) Appointment.--The chairperson of the Commission may, without regard to the provisions of chapter 51 of title 5 of the United States Code (relating to appointments in the competitive service), appoint and terminate an executive director and such other staff as are necessary to enable the Commission to perform its duties. The appointment of an executive director shall be subject to approval by the Commission. (2) Compensation.--The chairperson of the Commission may fix the compensation of the executive director and other staff without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 of the United States Code (relating to classification of positions and General Schedule pay rates), except that the rate of pay for the executive director and other staff may not exceed the rate of basic pay payable for level V of the Executive Schedule under section 5315 of title 5 United States Code, as in effect from time to time. (b) Experts and Consultants.--The Commission may procure temporary and intermittent services of experts and consultants in accordance with section 3109(b) of title 5, United States Code. SEC. 7. POWERS OF THE COMMISSION. (a) Hearings and Meetings.--The Commission, or a member of the Commission if authorized by the Commission, may hold such hearings, sit and act at such time and places, take such testimony, and receive such evidence, as the Commission considers to be appropriate. The Commission or a member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission or such member. (b) Official Data.--The Commission may obtain directly from any executive agency (as defined in section 105 of title 5 of the United States Code) or court information necessary to enable it to carry out its duties under this Act. On the request of the chairperson of the Commission, and consistent with any other law, the head of an executive agency or of a Federal court shall provide such information to the Commission. (c) Facilities and Support Services.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such facilities and support services as the Commission may request. On request of the Commission, the head of an executive agency may make any of the facilities or services of such agency available to the Commission, on a reimbursable or nonreimbursable basis, to assist the Commission in carrying out its duties under this Act. (d) Expenditures and Contracts.--The Commission or, on authorization of the Commission, a member of the Commission may make expenditures and enter into contracts for the procurement of such supplies, services, and property as the Commission or such member considers to be appropriate for the purpose of carrying out the duties of the Commission. Such expenditures and contracts may be made only to such extent or in such amounts as are provided in advance in appropriation Acts. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. SEC. 8. REPORT. Not later than 3 years after the first meeting of the Commission, the Commission shall submit to the Congress and the President a report containing a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislative or administrative action the Commission considers to be appropriate. SEC. 9. TERMINATION OF COMMISSION. The Commission shall cease to exist 30 days after the date on which the report required by section 8 is submitted. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $4,000,000 to carry out this Act.", "summary": "Antitrust Modernization Commission Act of 2001 - Establishes the Antitrust Modernization Commission to study and report to Congress and the President on issues and problems relating to the modernization of the antitrust laws. Directs the Commission to: (1) solicit divergent views of all parties concerned with the operation of such laws; and (2) evaluate the advisability of proposals and current arrangements with respect to such issues and problems."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gabriella Miller Kids First Research Act''. SEC. 2. TERMINATION OF TAXPAYER FINANCING OF POLITICAL PARTY CONVENTIONS; USE OF FUNDS FOR PEDIATRIC RESEARCH INITIATIVE. (a) Termination of Payments for Conventions; Use of Funds for Pediatric Research.--Section 9008 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Termination of Payments for Conventions; Use of Amounts for Pediatric Research Initiative.--Effective on the date of the enactment of the Gabriella Miller Kids First Research Act-- ``(1) the entitlement of any major party or minor party to a payment under this section shall terminate; and ``(2) all amounts in each account maintained for the national committee of a major party or minor party under this section shall be transferred to a fund in the Treasury to be known as the `10- Year Pediatric Research Initiative Fund', which shall be available only for the purpose provided in section 402A(a)(2) of the Public Health Service Act, and only to the extent and in such amounts as are provided in advance in appropriation Acts.''. (b) Continuation of Priority of Payments From Accounts Over Payments to Candidates.-- (1) Availability of payments to candidates.--The third sentence of section 9006(c) of such Code is amended by striking ``section 9008(b)(3),'' and inserting ``section 9008(i)(2),''. (2) Availability of payments from presidential primary matching payment account.--The second sentence of section 9037(a) of such Code is amended by striking ``section 9008(b)(3)'' and inserting ``section 9008(i)(2)''. (c) Conforming Amendments.-- (1) Elimination of reports by federal election commission.-- Section 9009(a) of such Code is amended-- (A) by adding ``and'' at the end of paragraph (2); (B) by striking the semicolon at the end of paragraph (3) and inserting a period; and (C) by striking paragraphs (4), (5), and (6). (2) Elimination of penalties.--Section 9012 of such Code is amended-- (A) in subsection (a)(1), by striking the second sentence; (B) in subsection (c), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (C) in subsection (e)(1), by striking the second sentence; and (D) in subsection (e)(3), by striking ``, or in connection with any expense incurred by the national committee of a major party or minor party with respect to a presidential nominating convention''. SEC. 3. 10-YEAR PEDIATRIC RESEARCH INITIATIVE. (a) Allocation of NIH Funds in Common Fund for Pediatric Research.--Paragraph (7) of section 402(b) of the Public Health Service Act (42 U.S.C. 282(b)) is amended to read as follows: ``(7)(A) shall, through the Division of Program Coordination, Planning, and Strategic Initiatives-- ``(i) identify research that represents important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between 2 or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning; ``(ii) include information on such research in reports under section 403; and ``(iii) in the case of such research supported with funds referred to in subparagraph (B)-- ``(I) require as appropriate that proposals include milestones and goals for the research; ``(II) require that the proposals include timeframes for funding of the research; and ``(III) ensure appropriate consideration of proposals for which the principal investigator is an individual who has not previously served as the principal investigator of research conducted or supported by the National Institutes of Health; ``(B)(i) may, with respect to funds reserved under section 402A(c)(1) for the Common Fund, allocate such funds to the national research institutes and national centers for conducting and supporting research that is identified under subparagraph (A); and ``(ii) shall, with respect to funds appropriated to the Common Fund pursuant to section 402A(a)(2), allocate such funds to the national research institutes and national centers for making grants for pediatric research that is identified under subparagraph (A); and ``(C) may assign additional functions to the Division in support of responsibilities identified in subparagraph (A), as determined appropriate by the Director;''. (b) Funding for 10-Year Pediatric Research Initiative.--Section 402A of the Public Health Service Act (42 U.S.C. 282a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and moving the indentation of each such subparagraph 2 ems to the right; (B) by striking ``For purposes of carrying out this title'' and inserting the following: ``(1) This title.--For purposes of carrying out this title''; and (C) by adding at the end the following: ``(2) Funding for 10-year pediatric research initiative through common fund.--For the purpose of carrying out section 402(b)(7)(B)(ii), there is authorized to be appropriated to the Common Fund, out of the 10-Year Pediatric Research Initiative Fund described in section 9008 of the Internal Revenue Code of 1986, and in addition to amounts otherwise made available under paragraph (1) of this subsection and reserved under subsection (c)(1)(B)(i) of this section, $12,600,000 for each of fiscal years 2014 through 2023.''; and (2) in subsections (c)(1)(B), (c)(1)(D), and (d), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''. (c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds appropriated pursuant to section 402A(a)(2) of the Public Health Service Act, as added by subsection (b)-- (1) shall be used to supplement, not supplant, the funds otherwise allocated by the National Institutes of Health for pediatric research; and (2) notwithstanding any transfer authority in any appropriation Act, shall not be used for any purpose other than allocating funds for making grants as described in section 402(b)(7)(B)(ii) of the Public Health Service Act, as added by subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the House on December 11, 2013. Gabriella Miller Kids First Research Act - Amends the Internal Revenue Code to terminate the entitlement of any major or minor political party to a payment from the Presidential Election Campaign Fund for a presidential nominating convention. Transfers amounts in each account maintained for such purpose for the national committee of a party to a 10-Year Pediatric Research Initiative Fund, making them available only for allocation to national research institutes and national centers through the Common Fund for making grants for pediatric research under this Act. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), through the Division of Program Coordination, Planning, and Strategic Initiatives, to allocate funds appropriated under this Act to the national research institutes and national centers for making grants for pediatric research representing important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between two or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning. Authorizes $12.6 million out of the 10-Year Pediatric Research Initiative Fund for each of FY2014-FY2023 for pediatric research through the Common Fund. Requires such funds to supplement, not supplant, funds otherwise allocated by NIH for pediatric research. Prohibits the use of such amounts for any purpose other than allocating funds for making grants for pediatric research described in this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Anthrax Vaccination Moratorium Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) a single force protection measure such as the mandatory anthrax vaccine immunization program should not be implemented by the Department of Defense without regard for that measure's own effects on morale, retention, recruiting, and budget; and (2) an insufficiently proven vaccine should not be advocated as a substitute for research, development, and production of truly effective vaccines and essential antibiotics, adequate personal protective equipment, detection devices, and nonproliferation measures. SEC. 3. MORATORIUM OF VACCINATION PROGRAM. The Secretary of Defense shall suspend implementation of the anthrax vaccination program of the Department of Defense. After the date of the enactment of this Act, no further vaccination may be administered under the program to any member of the Armed Forces except in accordance with this Act. SEC. 4. STUDY BY NATIONAL INSTITUTES OF HEALTH. (a) Study.-- (1) In general.--The Director of the National Institutes of Health shall require the appropriate national research institute to conduct or oversee an independent study of the effectiveness and safety of the vaccine used in the Department of Defense anthrax vaccination program. (2) Matters to be studied.--The Director shall include in the study under paragraph (1) determination of the following with respect to that vaccine: (A) Types and severity of adverse reactions. (B) Long-term health implications, including interactions with other (existing and planned) vaccines and medications. (C) Efficacy of the anthrax vaccine for protecting humans against all the strains of anthrax pathogens members of the Armed Forces are likely to encounter. (D) Correlation of animal models to safety and effectiveness in humans. (E) Validation of the manufacturing process focusing on, but not limited to, discrepancies identified by the Food and Drug Administration in February 1998 (especially with respect to the filter used in the harvest of anthrax vaccine, storage times, and exposure to room temperature). (F) Definition of vaccine components in terms of the protective antigen and other bacterial products and constituents. (G) Such other matters as are in the judgment of the Director required in order for the Director to make the determinations required by subsection (b). (3) Limitation.--The Director may not use for purposes of the study any data arising from the experience of inoculating members of the Armed Forces with the vaccine studied because of the lack of informed consent and inadequate recordkeeping associated with such inoculations. (b) Report.--Upon completion of the study, the Director of the National Institutes of Health shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate and to the Secretary of Defense a report setting forth the results of the study. The report shall include the Director's determination, based upon the results of the study, as to each of the following: (1) Whether or not the vaccine used in the Department of Defense anthrax vaccination program has an unacceptably high systemic reaction rate. (2) Whether or not the vaccine is effective with respect to noncutaneous transfer of anthrax. (3) Whether or not the vaccine will be produced in a manner acceptable to the Food and Drug Administration. SEC. 5. GENERAL ACCOUNTING OFFICE STUDY. (a) In General.--The Comptroller General shall conduct a study of the inoculation program referred to in section 3 and of the effect of the use of contractor-operated facilities for that program. As part of the study, the Comptroller General shall study the following with respect to the inoculation program: (1) Effects on military morale, retention, and recruiting. (2) Civilian costs and burdens associated with lack of military medical care and loss of civilian sick leave and work capacity for members of the reserve components who experience adverse reactions while not in military status. (3) A system of accurately recording medical conditions of members of the Armed Forces and other patients before and after inoculation, including off-duty reactions and treatment of reserve component members and including screening for allergens and contraindications, to include prior adverse reactions. (b) Public Comment.--The Comptroller General shall publish the study under subsection (a) for public comment. (b) GAO Review.--The Comptroller General shall review the Secretary's written report and provide comments to Congress within 75 days after the Secretary files the report. SEC. 6. BOARDS FOR CORRECTION OF MILITARY RECORDS. The Secretary of Defense shall direct that the respective Boards for Correction of Military Records of the military departments shall, upon request by individual members or former members of the Armed Forces, expedite consideration of applications for remedies for adverse personnel actions (both voluntary and involuntary) that were a result of the mandatory anthrax vaccine immunization program, to including rescission of court-martial convictions, rescission of administrative discharges and separations, rescission of retirements and transfers, restoration of flying status, back pay and allowances, expunging of negative performance appraisal comments or ratings, and granting of physical disability certificates. SEC. 7. CONTINGENT RESUMPTION OF VACCINATION PROGRAM. (a) Contingent Authority for Resumption.--If the Director of the National Institutes of Health determines in the report under section 3(b) that the vaccine used in the anthrax vaccination program of the Department of Defense meets each of the criteria stated in subsection (b), the Secretary of Defense may resume the Department of Defense anthrax vaccination program. Any such resumption may not begin until the end of the 90-day period beginning on the date of the submission of the report under section 3(b). (b) Criteria for Program Resumption.--The criteria referred to in subsection (a) are the following: (1) That the vaccine used in the Department of Defense anthrax vaccination program does not have an unacceptably high systemic reaction rate. (2) That the vaccine is effective with respect to noncutaneous transfer of anthrax. (3) That the vaccine will be produced in a manner acceptable to the Food and Drug Administration. (c) Requirement for Use of New Vaccine.--If the anthrax vaccination program is resumed under subsection (a), the Secretary of Defense may only use newly produced vaccine for vaccinations after the resumption of the program.", "summary": "Department of Defense Anthrax Vaccination Moratorium Act - Expresses the sense of Congress that: (1) a single protection measure such as the mandatory anthrax vaccine immunization program should not be implemented by the Department of Defense (DOD) without regard to its effect on morale, retention, recruiting, and budget; and (2) an insufficiently proven vaccine should not be advocated as a substitute for research, development, and production of truly effective vaccines and antibiotics, adequate protective equipment, and nonproliferation measures. Directs the Secretary of Defense to suspend implementation of the DOD anthrax vaccination program. Requires: (1) an independent study of the effectiveness and safety of the vaccine used; and (2) a report from the Director of the National Institutes of Health to specified congressional committees on study results. Directs the Comptroller General to conduct a study and comment to Congress on the vaccine program and the effect of the use of contractor-operated facilities for such program. Requires expedited consideration by the respective Boards for Correction of Military Records for current or former military personnel for remedies for adverse personnel actions that were the result of the vaccine program. States that if the Director determines that the vaccine used in the DOD program meets specified criteria, the Secretary may resume such program. Provides that if such program is resumed, the Secretary may use only newly produced vaccine for vaccinations after such resumption."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Counsel Reauthorization Act of 1993''. SEC. 2. FIVE-YEAR REAUTHORIZATION. Section 599 of title 28, United States Code, is amended by striking ``1987'' and inserting ``1993''. SEC. 3. ADDED CONTROLS. (a) Cost Controls and Administrative Support.--Section 594 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(l) Cost Controls and Administrative Support.-- ``(1) Cost controls.-- ``(A) In general.--An independent counsel shall-- ``(i) conduct all activities with due regard for expense; ``(ii) authorize only reasonable and lawful expenditures; and ``(iii) promptly, upon taking office, assign to a specific employee the duty of certifying that expenditures of the independent counsel are reasonable and made in accordance with law. ``(B) Department of justice policies.--An independent counsel shall comply with the established policies of the Department of Justice respecting expenditures of funds, except to the extent that compliance would be inconsistent with the purposes of this chapter. ``(2) Administrative support.--The Director of the Administrative Office of the United States Courts shall provide administrative support and guidance to each independent counsel. No officer or employee of the Administrative Office of the United States Courts shall disclose information related to an independent counsel's expenditures, personnel, or administrative acts or arrangements without the authorization of the independent counsel. ``(3) Office space.--The Administrator of General Services, in consultation with the Director of the Administrative Office of the United States Courts, shall promptly provide appropriate office space for each independent counsel. Such office space shall be within a Federal building unless the Administrator of General Services determines that other arrangements would cost less.''. (b) Independent Counsel Per Diem Expenses.-- Section 594(b) of title 28, United States Code, is amended-- (1) by striking ``An independent counsel'' and inserting ``(1) In general.--An independent counsel''; and (2) by adding at the end the following new paragraphs: ``(2) Travel expenses.--Except as provided in paragraph (3), an independent counsel and persons appointed under subsection (c) shall be entitled to the payment of travel expenses as provided by subchapter 1 of chapter 57 of title 5, including travel or transportation expenses in accordance with section 5703 of title 5. ``(3) Travel to primary office.--An independent counsel and any person appointed under subsection (c) shall not be entitled to the payment of travel and subsistence expenses under subchapter 1 of chapter 57 of title 5 with respect to duties performed in the city in which the primary office of that independent counsel or person is located after 1 year of service by that independent counsel or person (as the case may be) under this chapter unless the employee assigned duties under subsection (l)(1)(A)(iii) certifies that the payment is in the public interest to carry out the purposes of this chapter. Any such certification shall be effective for 6 months, but may be renewed for additional periods of 6-months each if, for each such renewal, the employee assigned duties under subsection (l)(1)(A)(iii) makes a recertification with respect to the public interest described in the preceding sentence. In making any certification or recertification under this paragraph with respect to travel and subsistence expenses of an independent counsel or person appointed under subsection (c), such employee shall consider, among other relevant factors-- ``(A) the cost to the Government of reimbursing such travel and subsistence expenses; ``(B) the period of time for which the independent counsel anticipates that the activities of the independent counsel or person, as the case may be, will continue; ``(C) the personal and financial burdens on the independent counsel or person, as the case may be, of relocating so that such travel and subsistence expenses would not be incurred; and ``(D) the burdens associated with appointing a new independent counsel, or appointing another person under subsection (c), to replace the individual involved who is unable or unwilling to so relocate. An employee making a certification or recertification under this paragraph shall be liable for an invalid certification or recertification to the same extent as a certifying official certifying a voucher is liable under section 3528 of title 31.''. (c) Independent Counsel Employee Pay Comparability.--Section 594(c) of title 28, United States Code, is amended by striking the last sentence and inserting the following: ``Such employees shall be compensated at levels not to exceed those payable for comparable positions in the Office of United States Attorney for the District of Columbia under sections 548 and 550, but in no event shall any such employee be compensated at a rate greater than the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5.''. (d) Ethics Enforcement.--Section 594(j) of title 28, United States Code, is amended by adding at the end the following new paragraph: ``(5) Enforcement.--The Attorney General and the Director of the Office of Government Ethics have authority to enforce compliance with this subsection.''. (e) Compliance With Policies of the Department of Justice.--Section 594(f) of title 28, United States Code, is amended by striking ``shall, except where not possible, comply'' and inserting ``shall, except to the extent that to do so would be inconsistent with the purposes of this chapter, comply''. (f) Publication of Reports.--Section 594(h) of title 28, United States Code, is amended-- (1) by adding at the end the following new paragraph: ``(3) Publication of reports.--At the request of an independent counsel, the Public Printer shall cause to be printed any report previously released to the public under paragraph (2). The independent counsel shall certify the number of copies necessary for the public, and the Public Printer shall place the cost of the required number to the debit of such independent counsel. Additional copies shall be made available to the public through the Superintendent of Documents sales program under section 1702 of title 44 and the depository library program under section 1903 of such title.''; and (2) in the first sentence of paragraph (2), by striking ``appropriate'' the second place it appears and inserting ``in the public interest, consistent with maximizing public disclosure, ensuring a full explanation of independent counsel activities and decisionmaking, and facilitating the release of information and materials which the independent counsel has determined should be disclosed''. (g) Annual Reports to Congress.--Section 595(a)(2) of title 28, United States Code, is amended by striking ``such statements'' and all that follows through ``appropriate'' and inserting ``annually a report on the activities of the independent counsel, including a description of the progress of any investigation or prosecution conducted by the independent counsel. Such report may omit any matter that in the judgment of the independent counsel should be kept confidential, but shall provide information adequate to justify the expenditures that the office of the independent counsel has made''. (h) Periodic Reappointment of Independent Counsel.--Section 596(b)(2) of title 28, United States Code, is amended by adding at the end the following new sentence: ``If the Attorney General has not made a request under this paragraph, the division of the court shall determine on its own motion whether termination is appropriate under this paragraph not later than 3 years after the appointment of an independent counsel and at the end of each succeeding 3-year period.''. (i) Audits by the Comptroller General.--Section 596(c) of title 28, United States Code, is amended to read as follows: ``(c) Audits.--By December 31 of each year, an independent counsel shall prepare a statement of expenditures for the fiscal year that ended on the immediately preceding September 30. An independent counsel whose office is terminated prior to the end of the fiscal year shall prepare a statement of expenditures by the date that is 90 days after the date on which the office is terminated. The Comptroller General shall audit each such statement and shall, not later than March 31 of the year following the submission of any such statement, report the results of each audit to the Committee on the Judiciary and the Committee on Government Operations of the House of Representatives and to the Committee on Governmental Affairs and the Committee on the Judiciary of the Senate.''. SEC. 4. MEMBERS OF CONGRESS. Section 591(c) of title 28, United States Code, is amended-- (1) by indenting paragraphs (1) and (2) two ems to the right and by redesignating such paragraphs as subparagraphs (A) and (B), respectively; (2) by striking ``The Attorney'' and all that follows through ``if--'' and inserting the following: ``(1) In general.--The Attorney General may conduct a preliminary investigation in accordance with section 592 if-- ''; and (3) by adding at the end the following new paragraph: ``(2) Members of congress.--When the Attorney General determines that it would be in the public interest, the Attorney General may conduct a preliminary investigation in accordance with section 592 if the Attorney General receives information sufficient to constitute grounds to investigate whether a Member of Congress may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction.''. SEC. 5. GROUNDS FOR REMOVAL. Section 596(a)(1) of title 28, United States Code, is amended by striking ``physical disability, mental incapacity'' and inserting ``physical or mental disability (consistent with prohibitions on discrimination otherwise imposed by law)''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall become effective on the date of the enactment of this Act.", "summary": "Independent Counsel Reauthorization Act of 1994 - Amends the Federal judicial code to reauthorize the independent counsel law for an additional five years. Requires an independent counsel to: (1) conduct all activities with due regard for expense, authorize only reasonable and lawful expenditures, and (promptly upon taking office) assign to a specific employee the duty of certifying that expenditures of the independent counsel are reasonable and made in accordance with law; and (2) comply with the established policies of the Department of Justice (DOJ) regarding expenditures of funds, except to the extent that compliance would be inconsistent with the purposes of the Act. Directs: (1) the Director of the Administrative Office of the United States Courts to provide administrative support and guidance to each independent counsel; and (2) the Administrator of General Services to provide office space for each independent counsel. Sets forth provisions regarding: (1) independent counsel per diem expenses; (2) independent counsel employee pay comparability; (3) ethics enforcement; (4) compliance with DOJ policies; (5) publication of reports; (6) annual reports to the Congress; (7) periodic reappointment of independent counsel; and (8) audits by the Comptroller General. Authorizes the Attorney General to conduct a preliminary investigation upon the receipt of information sufficient to constitute grounds to investigate whether a Member of Congress may have violated any Federal criminal law, other than a violation classified as a Class B or C misdemeanor or an infraction, when the Attorney General determines that it would be in the public interest. Includes as grounds for removal of an independent counsel physical or mental disability consistent with prohibitions on discrimination otherwise imposed by law (current law includes physical disability and mental incapacity). Requires an independent counsel to comply with guidelines and procedures used by DOJ in the handling and use of classified materials."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Postresearch Chimpanzee Care Act''. SEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYSTEM FOR FEDERALLY OWNED OR SUPPORTED CHIMPANZEES NO LONGER NEEDED FOR RESEARCH. Subpart 1 of part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by inserting after section 481B the following section: ``sanctuary system for surplus chimpanzees ``Sec. 481C. (a) In General.--The Secretary shall provide for the establishment and operation in accordance with this section of a system to provide for the lifetime care of chimpanzees that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government, and with respect to which it has been determined by the Secretary that the chimpanzees are not needed for such research (in this section referred to as `surplus chimpanzees'). ``(b) Administration of Sanctuary System.--The Secretary shall carry out this section, including the establishment of regulations under subsection (d), in consultation with the board of directors of the nonprofit private entity that receives the contract under subsection (e) (relating to the operation of the sanctuary system). ``(c) Acceptance of Chimpanzees into System.--All surplus chimpanzees owned by the Federal Government shall be accepted into the sanctuary system. Subject to standards under subsection (d)(3), any surplus chimpanzee that is not owned by the Federal Government shall be accepted into the system if the owner transfers to the Federal Government title to the chimpanzee. ``(d) Standards for Permanent Retirement of Surplus Chimpanzees.-- ``(1) In general.--The Secretary shall by regulation establish standards for operating the sanctuary system to provide for the permanent retirement of surplus chimpanzees. In establishing the standards, the Secretary shall consider the recommendations of the National Research Council applicable to surplus chimpanzees that are made in the report published in 1997 and entitled `Chimpanzees in Research--Strategies for Their Ethical Care, Management, and Use'. ``(2) Chimpanzees accepted into system.--With respect to chimpanzees that are accepted into the sanctuary system, standards under paragraph (1) shall include the following: ``(A) A prohibition that the chimpanzees may not be used for research. This subparagraph does not prohibit noninvasive behavioral studies of the chimpanzees, or medical studies conducted during the course of normal veterinary care that is provided for the benefit of the chimpanzees. ``(B) Provisions regarding the housing of the chimpanzees. ``(C) Provisions regarding the behavioral well- being of the chimpanzees. ``(D) A requirement that the chimpanzees be cared for in accordance with the Animal Welfare Act. ``(E) A requirement that the chimpanzees be prevented from breeding. ``(F) A requirement that complete histories be maintained on the health and use in research of the chimpanzees. ``(G) A requirement that the chimpanzees be monitored for the purpose of promptly detecting the presence in the chimpanzees of any condition that may be a threat to the public health. ``(H) A requirement that chimpanzees posing such a threat be contained in accordance with applicable recommendations of the Director of the Centers for Disease Control and Prevention. ``(I) A prohibition that the chimpanzees may not be discharged from the system. ``(J) A provision that the Secretary may, in the discretion of the Secretary, accept into the system chimpanzees that are not surplus chimpanzees. ``(K) Such additional standards as the Secretary determines to be appropriate. ``(3) Non-federal chimpanzees offered for acceptance into system.--With respect to a surplus chimpanzee that is not owned by the Federal Government and is offered for acceptance into the sanctuary system, standards under paragraph (1) shall include the following: ``(A) A provision that the Secretary may authorize the imposition of a fee for accepting such chimpanzee into the system, except as follows: ``(i) Such a fee may not be imposed for accepting the chimpanzee if, on the day before the date of the enactment of the Postresearch Chimpanzee Care Act, the chimpanzee was owned by the nonprofit private entity that receives the contract under subsection (e). ``(ii) Such a fee may not be imposed for accepting the chimpanzee if the chimpanzee is owned by an entity that operates a primate center, and if the chimpanzee is housed in the primate center pursuant to the program for regional centers for research on primates that is carried out by the National Center for Research Resources. Any fees collected under this subparagraph are available to the Secretary for the costs of operating the system. Any other fees received by the Secretary for the long-term care of chimpanzees (including any Federal fees that are collected for such purpose and are identified in the report under section 3 of the Postresearch Chimpanzee Care Act) are available for operating the system, in addition to availability for such other purposes as may be authorized for the use of the fees. ``(B) A provision that the Secretary may deny such chimpanzee acceptance into the system if the capacity of the system is not sufficient to accept the chimpanzee, taking into account the physical capacity of the system; the financial resources of the system; the number of individuals serving as the staff of the system, including the number of professional staff; the necessity of providing for the safety of the staff and of the public; the necessity of caring for accepted chimpanzees in accordance with the standards under paragraph (1); and such other factors as may be appropriate. ``(C) A provision that the Secretary may deny such chimpanzee acceptance into the system if a complete history of the health and use in research of the chimpanzee is not available to the Secretary. ``(D) Such additional standards as the Secretary determines to be appropriate. ``(e) Award of Contract for Operation of System.-- ``(1) In general.--Subject to the availability of funds pursuant to subsection (g), the Secretary shall make an award of a contract to a nonprofit private entity under which the entity has the responsibility of operating (and establishing, as applicable) the sanctuary system. ``(2) Requirements.--The Secretary may make an award under paragraph (1) to a nonprofit private entity only if the entity meets the following requirements: ``(A) The entity has a governing board of directors that is composed and appointed in accordance with paragraph (3) and is satisfactory to the Secretary. ``(B) The terms of service for members of such board are in accordance with paragraph (3). ``(C) The members of the board serve without compensation. The members may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the board. ``(D) The entity has an executive director meeting such requirements as the Secretary determines to be appropriate. ``(E) The entity makes the agreement described in paragraph (4) (relating to non-Federal contributions). ``(F) The entity agrees to comply with standards under subsection (d). ``(G) Such other requirements as the Secretary determines to be appropriate. ``(3) Board of directors.--For purposes of subparagraphs (A) and (B) of paragraph (2): ``(A) The governing board of directors of the nonprofit private entity involved is composed and appointed in accordance with this paragraph if the following conditions are met: ``(i) Such board is composed of not more than 15 voting members. ``(ii) Such members include individuals with expertise and experience in the science of managing captive chimpanzees (including primate veterinary care), appointed from among individuals endorsed by organizations that represent individuals in such field. ``(iii) Such members include individuals with expertise and experience in the field of animal protection, appointed from among individuals endorsed by organizations that represent individuals in such field. ``(iv) Such members include individuals with expertise and experience in the zoological field (including behavioral primatology), appointed from among individuals endorsed by organizations that represent individuals in such field. ``(v) Such members include individuals with expertise and experience in the field of the business and management of nonprofit organizations, appointed from among individuals endorsed by organizations that represent individuals in such field. ``(vi) Such members include representatives from entities that provide accreditation in the field of laboratory animal medicine. ``(vii) Such members include individuals with expertise and experience in the field of containing biohazards. ``(viii) Such members include an additional member who serves as the chair of the board, appointed from among individuals who have been endorsed for purposes of clause (ii), (iii), (iv), or (v). ``(ix) None of the members of the board has been fined for a violation of the Animal Welfare Act. ``(B) The terms of service for members of the board of directors are in accordance with this paragraph if the following conditions are met: ``(i) The term of the chair of the board is three years. ``(ii) The initial members of the board select, by a random method, one member from each of the four fields specified in subparagraph (A) to serve a term of two years and (in addition to the chair) one member from each of such fields to serve a term of three years. ``(iii) After the initial terms under clause (ii) expire, each member of the board (other than the chair) is appointed to serve a term of two years. ``(iv) An individual whose term of service expires may be reappointed to the board. ``(v) A vacancy in the membership of the board is filled in the manner in which the original appointment was made. ``(vi) If a member of the board does not serve the full term applicable to the member, the individual appointed to fill the resulting vacancy is appointed for the remainder of the term of the predecessor member. ``(4) Requirement of matching funds.--The agreement required in paragraph (2)(E) for a nonprofit private entity (relating to the award of the contract under paragraph (1)) is an agreement that, with respect to the costs to be incurred by the entity in establishing and operating the sanctuary system, the entity will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs, in cash or in kind, in an amount not less than the following, as applicable: ``(A) For expenses associated with establishing the sanctuary system (as determined by the Secretary), 10 percent of such costs ($1 for each $9 of Federal funds provided under the contract under paragraph (1)). ``(B) For expenses associated with operating the sanctuary system (as determined by the Secretary), 50 percent of such costs ($1 for each $1 of Federal funds provided under such contract). ``(5) Establishment of contract entity.--If the Secretary determines that an entity meeting the requirements of paragraph (2) does not exist, the Secretary may for purposes of paragraph (1) make a grant for the establishment of such an entity, including paying the cost of incorporating the entity under the law of one of the States. ``(f) Definitions.--For purposes of this section: ``(1) The term `permanent retirement', with respect to a surplus chimpanzee, means that the chimpanzee has been accepted into the sanctuary system, that under subsection (a) the system provides for the lifetime care of the chimpanzee, that under subsection (d)(2) the system does not permit the chimpanzee to be used in research, that under such subsection the system will not discharge the chimpanzee from the system, and that under such subsection the system otherwise cares for the chimpanzee. ``(2) The term `sanctuary system' means the system described in subsection (a). ``(3) The term `surplus chimpanzees' has the meaning indicated for such term in subsection (a). ``(g) Funding.-- ``(1) In general.--Of the amount appropriated under this Act for fiscal year 2000 and each subsequent fiscal year, the Secretary, subject to paragraph (2), shall reserve a portion for purposes of the operation (and establishment, as applicable) of the sanctuary system, except that the Secretary may not for such purposes reserve any further funds from such amount after the aggregate total of the funds so reserved for such fiscal years reaches $15,000,000. The purposes for which funds reserved under the preceding sentence may be expended include the construction and renovation of facilities for the sanctuary system, subject to section 496(b). ``(2) Limitation.--Funds may not be reserved for a fiscal year under paragraph (1) unless the amount appropriated under this Act for such year equals or exceeds the amount appropriated under this Act for fiscal year 1998.''. SEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF CHIMPANZEES AND FUNDING FOR CARE OF CHIMPANZEES. With respect to chimpanzees that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government, the Secretary of Health and Human Services shall, not later than 120 days after the date of the enactment of this Act, submit to the Congress a report providing the following information: (1) The number of such chimpanzees in the United States, whether owned or held by the Federal Government, any of the States, or private entities. (2) An identification of any requirement imposed by the Federal Government that, as a condition of the use of such a chimpanzee in research by a non-Federal entity-- (A) fees be paid by the entity to the Federal Government for the purpose of providing for the care of the chimpanzee (including any fees for long-term care); or (B) funds be provided by the entity to a State, unit of local government, or private entity for an endowment or other financial account whose purpose is to provide for the care of the chimpanzee (including any funds provided for long-term care). (3) An accounting for fiscal years 1997 and 1998 of all fees paid and funds provided by non-Federal entities pursuant to requirements described in subparagraphs (A) and (B) of paragraph (2). (4) In the case of such fees, a specification of whether the fees were available to the Secretary (or other Federal officials) pursuant to annual appropriations Acts or pursuant to permanent appropriations.", "summary": "Postresearch Chimpanzee Care Act - Amends title IV of the Public Health Service Act to direct the Secretary of Health and Human Services to provide for the establishment and operation of a national sanctuary system for all surplus federally owned chimpanzees that are no longer needed in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other Federal agencies. Mandates that any surplus chimpanzee that is not owned by the Federal Government be accepted into the system if the owner transfers title to the chimpanzee to the Federal Government. Provides for standards for permanent retirement of surplus chimpanzees into the system. Requires such standards to authorize the Secretary to authorize imposition of a fee (except in certain circumstances) for accepting a non-Federal chimpanzee into the system. Outlines provisions for the awarding of contracts for operation of the system. Provides for funding."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clearwater Basin Project Act''. SEC. 2. DEFINITIONS. (a) Definitions.--In this Act: (1) Advisory panel.--The term ``advisory panel'' means the Clearwater Advisory Panel, established by the Secretary under section 3. (2) Pilot project.--The term ``pilot project'' means the Clearwater Basin Pilot Project authorized by section 4. (3) Pilot project area.--The term ``pilot project area'' means the area described in section 4(a) in which the pilot project will be conducted. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Stewardship contract.--The term ``stewardship contract'' means a contract to achieve land management goals for National Forest System lands as described in section 347 of the Department of Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note). (6) Stewardship objectives.--The term ``stewardship objectives'' means objectives that enhance forest ecosystems, and restore and improve land health water quality such as-- (A) road, trail, and infrastructure maintenance or obliteration; (B) soil productivity improvement; (C) improvements in forest ecosystem health; (D) watershed restoration and maintenance; (E) restoration, maintenance and improvement of wildlife and fish habitat; (F) control of noxious weeds; and (G) reestablishment of native species. SEC. 3. CLEARWATER ADVISORY PANEL. (a) Establishment and Purpose.--The Secretary shall establish an advisory group, to be known as the ``Clearwater Advisory Panel'', for the purpose of improving collaborative relationships and providing advice and recommendations to the Forest Service regarding the Clearwater Basin pilot project and activities under the pilot project, as authorized by and consistent with this Act. (b) Duties.--The advisory panel shall-- (1) review and make recommendations to the Forest Service regarding activities proposed for high priority implementation as part of the pilot project; (2) provide early and continuous coordination with appropriate Forest Service and other agency officials in reviewing and recommending activities for high priority implementation; and (3) provide frequent opportunities for citizens, organizations, tribes, agencies, and other interested parties to participate in all stages of the activity schedule development process. (c) Appointment of Members.-- (1) Appointment and term.--No later than 90 days after the date of enactment of this Act, and consistent with subsection (d), the Secretary shall appoint the members of the advisory panel and each member shall serve without compensation for a term of three years beginning on the date of appointment. The Secretary may reappoint members to subsequent three-year terms. (2) Vacancies.--The Secretary shall make appointments to fill vacancies on the advisory panel as soon as practicable after the vacancy has occurred. (d) Composition of Advisory Panel.--The advisory panel shall be comprised of 15 members who shall be representative of the interests of the following categories: (1) Category i.-- (A) organized labor; (B) developed outdoor recreation, off highway vehicle users, or commercial recreation activities; (C) energy and mineral development interests; (D) commercial timber industry; and (E) Federal grazing permit holders, or other land use permit holders within the pilot project area. (2) Category ii.-- (A) national environmental organizations; (B) regional or local environmental organizations; (C) dispersed recreational activities; (D) archaeological and historical interests; and (E) national or regional fish and wildlife interest groups. (3) Category iii.-- (A) State elected officeholders or their designee; (B) county or local elected officeholders; (C) Indian Tribes within or adjacent to the pilot project area; (D) school officials or teachers; and (E) the affected public at large. (4) Balanced representation.--The Secretary shall provide for balanced representation from among the categories described in paragraphs (1), (2), and (3). (5) Geographic distribution.--The members of the advisory panel shall reside within the State of Idaho, and to the extent practicable, within or adjacent to the pilot project area. (e) Approval Procedures.-- (1) Establishment.--Subject to paragraph (2) and the other requirements of this Act, the advisory panel shall establish procedures for proposing, developing, and reviewing activities and schedules for recommendation to the Forest Service for approval and implementation under the pilot project. A majority must be present to constitute an official meeting of the advisory panel. (2) Majority vote.--An activity or schedule may be recommended by the advisory panel to the applicable Forest Supervisor for approval and implementation under the pilot program if it is approved by a majority of the advisory panel members from each of the three categories described in subsection (d). (f) Other Authorities and Requirements.-- (1) Chairperson.--A majority of the advisory panel shall select a chairperson. (2) Staff assistance.--The Secretary may provide staff assistance to the advisory panel from employees under the jurisdiction of the Secretary. (3) Meetings.--All meetings of the advisory panel shall be announced at least one week in advance in a local newspaper of record and shall be open to the public. Records of the meetings shall be retained and made available for public inspection. SEC. 4 CLEARWATER BASIN PILOT PROJECT. (a) Pilot Project Authorized.--The Secretary may conduct a pilot project under this section, to be known as the ``Clearwater Basin pilot project'', on those National Forest System land encompassed by the North Fork, Powell, and Lochsa Ranger Districts of the Clearwater National Forest in the State of Idaho, and the Red River/Elk City, Moose Creek and Clearwater Ranger Districts of the Nez Perce National Forest in the State of Idaho. (b) Role of Advisory Panel.--The advisory panel shall review and recommend activities for high priority implementation of stewardship objectives within the pilot project area, for which funding is authorized under this Act or other laws. (c) Stewardship Contracts.--A total of three stewardship contracts are authorized for recommendation by the advisory panel and for approval and implementation in accordance with, and to achieve the purposes of, the pilot project. These contracts are in addition to any stewardship contracts authorized under any other law. (d) Activity Schedules.-- (1) Development.--Within two years after the date of the enactment of this Act, the advisory panel shall develop and submit for Forest Supervisor review schedules of high priority activities to be commenced within the pilot project area for the ensuing five-year period. Separate schedules shall be developed for the Clearwater National Forest portion of the pilot project area. Thereafter, the advisory panel shall develop and submit in advance schedules for subsequent five-year periods. (2) Consultation.--The advisory panel shall develop each five-year schedule in consultation with, and with technical assistance from, the applicable Forest Supervisor and the Nez Perce Tribe. The Forest Service shall ensure that the activities in the schedules are consistent with treaty and any other obligations to the Tribe. (3) Content.--Each five-year schedule shall be in sufficient detail to describe the high priority activities to be conducted in the pilot project area over the five-year period and the timing for their implementation, and to allow reasonable site-specific, project-level evaluation of their environmental effects. The scope of the activities included in each schedule shall be reasonably adjusted to the extent that the advisory panel and applicable Forest Supervisor determine necessary to allow such evaluation to be completed within the time periods provided by this Act. (4) Consistency with forest plan.--The activities included within the five-year schedules shall be consistent with the applicable forest land and resource management plan. The schedule may include any amendment of the applicable forest land and resource management plan that the advisory panel recommends or that the applicable Forest Supervisor determines is necessary to allow or facilitate implementation of one or more activities in the schedule. (f) NEPA Requirements and Related Procedures.-- (1) Process.--The Forest Service shall conduct any applicable procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the approval of the activities in each five-year schedule, tiered to the environmental impact statement for the applicable forest land and resource management plan. The procedures under such Act, and any review, consultation, or coordination under other laws, including the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and National Historic Preservation Act (16 U.S.C. 470), shall be completed within one year after the Forest Service, in consultation with the North Central Idaho resource advisory committee, issues the public scoping notice regarding the proposed schedule. (2) Resources.--The Forest Service, and any other Federal agencies involved in the process described in paragraph (1), shall provide sufficient personnel and other resources, directly or through contracting, to complete the review, consultation, or coordination within the required one-year period, and without substantially delaying implementation of other forest management activities in Region 1 of the Forest Service. The Forest Service and other involved agencies may rely upon or use any analysis, documents, or procedures previously performed under the National Environmental Policy Act of 1969 or other law for any activity in the schedule. (3) Effect of failure to complete process.--If any review, consultation, or coordination required under the National Environmental Policy Act of 1969 or other law has not been completed for a schedule within the required one-year period, the lack of completion shall not be a basis for challenging or delaying submittal, approval, or implementation of an activity in the schedule, if the applicable Forest Supervisor, in consultation with the advisory panel, finds that sufficient review, consultation, and coordination regarding the activity has occurred and a sufficient record exists to make a reasoned decision regarding approval of the activity. (g) Review by Forest Supervisor.-- (1) Submission.--The advisory panel shall submit a final recommendation regarding each five-year schedule, together with the record of the review, consultation, and coordination performed under subsection (f) for the schedule, to the applicable Forest Supervisor for review. The final recommendation and record shall be submitted to the Forest Supervisor at least 30 days in advance of the date for commencing implementation of activities under the schedule. (2) Review.--Within 30 days after receiving the schedule and record from the advisory panel, the Forest Supervisor shall issue a project or activity decision document regarding review of the recommended schedule in accordance with the National Environmental Policy Act of 1969 and any other applicable procedures. In the decision document, the Forest Supervisor may approve the schedule, or disapprove the schedule and return it to the advisory panel for further consideration with instructions. If the Forest Supervisor has not issued a decision document upon expiration of the 30-day period, the schedule shall be deemed approved by the Forest Supervisor and subject to administrative appeal under Department of Agriculture procedures applicable to Forest Service project or activity record of decision or decision notice documents issued pursuant to the National Environmental Policy Act of 1969. (h) Implementation.--Upon approval of the schedule, but subject to any stay that may be in effect pursuant to Forest Service project or activity administrative appeal procedures, the Forest Service may issue any permits, contracts, or other authorizations for activities in the schedule without further review, consultation, or coordination under the National Environmental Policy Act of 1969 or other laws. (i) Activities Not Included in a 5-Year Schedule; Amendment of Schedule.--An activity that the advisory panel determines should proceed in advance of approval of the first five-year schedule, or an activity in the pilot project area that is not included in a five-year schedule, may be approved and implemented on an individual or group basis, upon completing the process and requirements for review and approval of a five-year schedule. A five-year schedule may be amended upon completed the process and requirements for review and approval of the schedule. (j) Relation to Other Schedules, Plans, and Activities.--The five- year schedules and activities authorized under the pilot project shall supplement other schedules plans and projects or other activities authorized and implemented under other law. Upon advisory panel recommendation and applicable Forest Supervisor approval, an activity that is included in another schedule or plan or proposed, authorized, or funded under other law may be authorized and implemented as an activity under the pilot project, if the activity meets the requirements of this section for implementation as a high priority activity. SEC. 5. MONITORING AND REPORTING REQUIREMENTS. (a) Report on Applicable Rules and Regulations.--The advisory panel may submit to the Secretary, the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a compilation of regulations applicable to the pilot project that the advisory panel determines are inappropriate for the pilot project, incompatible with the pilot project, or unduly burdensome in conducting the pilot project. (b) Monitoring; Annual Report on the Project.--The Secretary shall monitor the activities and achievement in the pilot project area under the pilot project. Not later than two years after the date of the enactment of this Act, and each year thereafter during the pilot project, the Secretary shall submit a report to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives on the results of such monitoring, including detailed information on the sources and uses of funds and the status, outputs, and other results accomplished for each activity recommended for priority implementation by the advisory panel under the pilot project. (c) State of Idaho Report.--The Secretary shall request the State of Idaho, through the University of Idaho College of Natural Resource or other source, to prepare a report reviewing the activities and achievements of the pilot project in the pilot project area. The Secretary shall request the State to prepare and submit the report at five-year intervals to the Secretary, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives. The requested report should include an assessment of whether, and to what extent, the activities conducted under the pilot project are meeting or enhancing the accomplishment of stewardship objectives. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary, through fiscal year 2012, such sums as may be necessary for the following purposes: (1) Developing, submitting, reviewing, and implementing five-year schedules and priority activities under the pilot project, including the stewardship contracts authorized by this Act. (2) Other advisory panel activities and technical assistance to the advisory panel for the purposes of the pilot project. (3) Monitoring and reporting requirements under section 5. (4) Such other actions as are necessary to implement this Act. (b) Availability.--Amount appropriated for the purposes specified in subsection (a) shall remain available until expended. (c) Treatment of Receipts.--Notwithstanding the Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106- 393; 16 U.S.C. 500 note), any moneys received by the Forest Service from activities approved and implemented under the pilot project shall be distributed in accordance with the sixth paragraph under the heading ``Forest Service'' in the Act of May 23, 1908 (16 U.S.C. 500). SEC. 7. SEVERABILITY. If any provisions of this Act or the application of this Act to any person or circumstances is held to be invalid, the validity of the remainder of this Act and of the application of such provision to other persons and circumstances shall not be affected.", "summary": "Clearwater Basin Project Act - Directs the Secretary of Agriculture to establish and maintain the Clearwater Advisory Panel (CAP), which shall provide advice and recommendations to the Forest Service regarding the Clearwater Basin pilot project (the Project) within the Clearwater and Nez Perce National Forests, Idaho. States that the CAP shall: (1) make recommendations regarding activities for high priority implementation; (2) provide early and continuous coordination with Federal officials; and (3) provide for public input into its proceedings.Authorizes the Secretary to conduct the Project. Directs the CAP, in consultation with and receiving technical assistance from the applicable Forest Supervisor, to develop and submit for approval from the Forest Supervisor five-year schedules of high priority activities for the Project (with separate schedules for each Forest). Requires that the activities included in such schedules be consistent with the applicable forest land and resource management plan. Directs the Forest Service to complete any applicable National Environmental Policy Act (NEPA) procedures for the approval of the activities at the site-specific, project level. Directs the CAP to consult with the Nez Perce Tribe in developing and recommending each schedule.Directs the Forest Supervisor to issue a project or activity decision document regarding approval of the recommended schedule in accordance with NEPA and other applicable procedures.Provides for the schedules and activities authorized under this section to supplement certain other schedules, plans, and projects or other activities authorized and implemented under other law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Satisfying Energy Needs and Saving the Environment Act'' or the ``SENSE Act''. SEC. 2. STANDARDS FOR COAL REFUSE POWER PLANTS. (a) Definitions.--In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Boiler operating day.--The term ``boiler operating day'' has the meaning given such term in section 63.10042 of title 40, Code of Federal Regulations, or any successor regulation. (3) Coal refuse.--The term ``coal refuse'' means any byproduct of coal mining, physical coal cleaning, or coal preparation operation that contains coal, matrix material, clay, and other organic and inorganic material. (4) Coal refuse electric utility steam generating unit.-- The term ``coal refuse electric utility steam generating unit'' means an electric utility steam generating unit that-- (A) is in operation as of the date of enactment of this Act; (B) uses fluidized bed combustion technology to convert coal refuse into energy; and (C) uses coal refuse as at least 75 percent of the annual fuel consumed, by heat input, of the unit. (5) Coal refuse-fired facility.--The term ``coal refuse- fired facility'' means all coal refuse electric utility steam generating units that are-- (A) located on one or more contiguous or adjacent properties; (B) specified within the same Major Group (2-digit code), as described in the Standard Industrial Classification Manual (1987); and (C) under common control of the same person (or persons under common control). (6) Electric utility steam generating unit.--The term ``electric utility steam generating unit'' means an electric utility steam generating unit, as such term is defined in section 63.10042 of title 40, Code of Federal Regulations, or any successor regulation. (b) Emission Limitations To Address Hydrogen Chloride and Sulfur Dioxide as Hazardous Air Pollutants.-- (1) Applicability.--For purposes of regulating emissions of hydrogen chloride or sulfur dioxide from a coal refuse electric utility steam generating unit under section 112 of the Clean Air Act (42 U.S.C. 7412), the Administrator-- (A) shall authorize the operator of such unit to elect that such unit comply with either-- (i) an emissions standard for emissions of hydrogen chloride that meets the requirements of paragraph (2); or (ii) an emission standard for emissions of sulfur dioxide that meets the requirements of paragraph (2); and (B) may not require that such unit comply with both an emission standard for emissions of hydrogen chloride and an emission standard for emissions of sulfur dioxide. (2) Rules for emission limitations.-- (A) In general.--The Administrator shall require an operator of a coal refuse electric utility steam generating unit to comply, at the election of the operator, with no more than one of the following emission standards: (i) An emission standard for emissions of hydrogen chloride from such unit that is no more stringent than an emission rate of 0.002 pounds per million British thermal units of heat input. (ii) An emission standard for emissions of hydrogen chloride from such unit that is no more stringent than an emission rate of 0.02 pounds per megawatt-hour. (iii) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than an emission rate of 0.20 pounds per million British thermal units of heat input. (iv) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than an emission rate of 1.5 pounds per megawatt-hour. (v) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than capture and control of 93 percent of sulfur dioxide across the generating unit or group of generating units, as determined by comparing-- (I) the expected sulfur dioxide generated from combustion of fuels emissions calculated based upon as- fired fuel samples, to (II) the actual sulfur dioxide emissions as measured by a sulfur dioxide continuous emission monitoring system. (B) Measurement.--An emission standard described in subparagraph (A) shall be measured as a 30 boiler operating day rolling average per coal refuse electric utility steam generating unit or group of coal refuse electric utility steam generating units located at a single coal refuse-fired facility. Passed the House of Representatives March 8, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "(This measure has not been amended since it was reported to the House on January 12, 2018. Satisfying Energy Needs and Saving the Environment Act or the SENSE Act (Sec. 2) This bill eases emission limits for hazardous air pollutants from electric utility steam generating units (electric power plants) that convert coal refuse into energy. The Environmental Protection Agency must allow utilities to select a standard for either hydrogen chloride or sulfur dioxide with which to comply from a list of specified standards."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017''. SEC. 2. NIST MISSION TO ADDRESS CYBERSECURITY THREATS. Section 20(a)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(a)(1)) is amended by inserting ``, emphasizing the principle that expanding cybersecurity threats require engineering security from the beginning of an information system's life cycle, building more trustworthy and secure components and systems from the start, and applying well-defined security design principles throughout'' before the semicolon. SEC. 3. IMPLEMENTATION OF CYBERSECURITY FRAMEWORK. The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by inserting after section 20 the following: ``SEC. 20A. FRAMEWORK FOR IMPROVING CRITICAL INFRASTRUCTURE CYBERSECURITY. ``(a) Implementation by Federal Agencies.--The Institute shall promote the implementation by Federal agencies of the Framework for Improving Critical Infrastructure Cybersecurity (in this section and section 20B referred to as the `Framework') by providing to the Office of Management and Budget, the Office of Science and Technology Policy, and all other Federal agencies, not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, guidance that Federal agencies may use to incorporate the Framework into their information security risk management efforts, including practices related to compliance with chapter 35 of title 44, United States Code, and any other applicable Federal law. ``(b) Guidance.--The guidance required under subsection (a) shall-- ``(1) describe how the Framework aligns with or augments existing agency practices related to compliance with chapter 35 of title 44, United States Code, and any other applicable Federal law; ``(2) identify any areas of conflict or overlap between the Framework and existing cybersecurity requirements, including gap areas where additional policies, standards, guidelines, or programs may be needed to encourage Federal agencies to use the Framework and improve the ability of Federal agencies to manage cybersecurity risk; ``(3) include a template for Federal agencies on how to use the Framework, and recommend procedures for streamlining and harmonizing existing and future cybersecurity-related requirements, in support of the goal of using the Framework to supplant Federal agency practices in compliance with chapter 35 of title 44, United States Code; ``(4) recommend other procedures for compliance with cybersecurity reporting, oversight, and policy review and creation requirements under such chapter 35 and any other applicable Federal law; and ``(5) be updated, as the Institute considers necessary, to reflect what the Institute learns from ongoing research, the audits conducted pursuant to section 20B(c), the information compiled by the Federal working group established pursuant to subsection (c), and the annual reports published pursuant to subsection (d). ``(c) Federal Working Group.--Not later than 3 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, the Institute shall establish and chair a working group (in this section referred to as the `Federal working group'), including representatives of the Office of Management and Budget, the Office of Science and Technology Policy, and other appropriate Federal agencies, which shall-- ``(1) not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, develop outcome-based and quantifiable metrics to help Federal agencies in their analysis and assessment of the effectiveness of the Framework in protecting their information and information systems; ``(2) update such metrics as the Federal working group considers necessary; ``(3) compile information from Federal agencies on their use of the Framework and the results of the analysis and assessment described in paragraph (1); and ``(4) assist the Office of Management and Budget and the Office of Science and Technology Policy in publishing the annual report required under subsection (d). ``(d) Report.--The Office of Management and Budget and the Office of Science and Technology Policy shall develop and make publicly available an annual report on agency adoption rates and the effectiveness of the Framework. In preparing such report, the Offices shall use the information compiled by the Federal working group pursuant to subsection (c)(3). ``SEC. 20B. CYBERSECURITY AUDITS. ``(a) Initial Assessment.-- ``(1) Requirement.--Not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, the Institute shall complete an initial assessment of the cybersecurity preparedness of the agencies described in paragraph (2). Such assessment shall be based on information security standards developed under section 20, and may also be informed by work done or reports published by other Federal agencies or officials. ``(2) Agencies.--The agencies referred to in paragraph (1) are the agencies referred to in section 901(b) of title 31, United States Code, and any other agency that has reported a major incident (as defined in the Office of Management and Budget Memorandum--16--03, published on October 30, 2015, or any successor document). ``(3) National security systems.--The requirement under paragraph (1) shall not apply to national security systems (as defined in section 3552(b) of title 44, United States Code). ``(b) Audit Plan.--Not later than 6 months after the date of enactment of this Act, the Institute shall prepare a needs-based plan for carrying out the audits of agencies as required under subsection (c). Such plan shall include a description of staffing plans, workforce capabilities, methods for conducting such audits, coordination with agencies to support such audits, expected timeframes for the completion of audits, and other information the Institute considers relevant. The plan shall be transmitted by the Institute to the congressional entities described in subsection (c)(4)(F). ``(c) Audits.-- ``(1) Requirement.--Not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, the Institute shall initiate an individual cybersecurity audit of each agency described in subsection (a)(2), to assess the extent to which the agency is meeting the information security standards developed under section 20. ``(2) Relation to framework.--Audits conducted under this subsection shall-- ``(A) to the extent applicable and available, be informed by the report on agency adoption rates and the effectiveness of the Framework described in section 20A(d); and ``(B) if the agency is required by law or executive order to adopt the Framework, be based on the guidance described in section 20A(b) and metrics developed under section 20A(c)(1). ``(3) Schedule.--The Institute shall establish a schedule for completion of audits under this subsection to ensure that-- ``(A) audits of agencies whose information security risk is high, based on the assessment conducted under subsection (a), are completed not later than 1 year after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, and are audited annually thereafter; and ``(B) audits of all other agencies described in subsection (a)(2) are completed not later than 2 years after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, and are audited biennially thereafter. ``(4) Report.--A report of each audit conducted under this subsection shall be transmitted by the Institute to-- ``(A) the Office of Management and Budget; ``(B) the Office of Science and Technology Policy; ``(C) the Government Accountability Office; ``(D) the agency being audited; ``(E) the Inspector General of such agency, if there is one; and ``(F) Congress, including the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.''.", "summary": "NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 (Sec. 2) This bill amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology (NIST), in developing standards for information systems, to emphasize the principle that expanding cybersecurity threats require: (1) engineering security from the beginning of a system's life cycle, (2) building more trustworthy and secure components and systems from the start, and (3) applying well-defined security design principles throughout systems. (Sec. 3) NIST must provide guidance for agencies to incorporate into their information security risk management efforts the Framework for Improving Critical Infrastructure Cybersecurity (Framework). Such guidance shall: describe how the Framework aligns or augments existing agency practices; identify any areas of conflict or overlap between the Framework and existing cybersecurity requirements; include a template for federal agencies on how to use the Framework and recommend procedures for streamlining and harmonizing existing and future cybersecurity-related requirements; recommend other procedures for compliance with cybersecurity reporting, oversight, and policy review; and be updated to reflect what NIST learns from ongoing research, cybersecurity audits, information compiled by the federal working group, and annual reports. NIST must chair a federal working group to coordinate the development of metrics and tools to measure the effectiveness of the Framework for federal agencies protecting their information and information systems. The federal working group must assist the Office of Management and Budget (OMB) and Office of Science and Technology Policy (OSTP) in publishing annual reports on agency adoption rates and the effectiveness of the Framework. NIST must initiate an individual cybersecurity audit of certain agencies to assess the extent to which each agency meets information security standards. NIST shall prepare a needs-based plan for the audits that includes: (1) a description of staffing plans, (2) workforce capabilities, (3) methods of conducting such audits, (4) coordination with agencies to support such audits, (5) expected timeframe for the completion of the audits, and (6) other relevant information. NIST must report on the audit of each agency to: (1) OMB, (2) the OSTP, (3) the Government Accountability Office, (4) the agency being audited and its inspector general, and (5) Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening State and Local Cyber Crime Fighting Act of 2017''. SEC. 2. AUTHORIZATION OF THE NATIONAL COMPUTER FORENSICS INSTITUTE OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Subtitle C of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 381 et seq.) is amended by adding at the end the following new section: ``SEC. 822. NATIONAL COMPUTER FORENSICS INSTITUTE. ``(a) In General.--There is authorized for fiscal years 2017 through 2022 within the United States Secret Service a National Computer Forensics Institute (in this section referred to as the `Institute'). The Institute shall disseminate information related to the investigation and prevention of cyber and electronic crime and related threats, and educate, train, and equip State, local, tribal, and territorial law enforcement officers, prosecutors, and judges. ``(b) Functions.--The functions of the Institute shall include the following: ``(1) Educating State, local, tribal, and territorial law enforcement officers, prosecutors, and judges on current-- ``(A) cyber and electronic crimes and related threats; ``(B) methods for investigating cyber and electronic crime and related threats and conducting computer and mobile device forensic examinations; and ``(C) prosecutorial and judicial challenges related to cyber and electronic crime and related threats, and computer and mobile device forensic examinations. ``(2) Training State, local, tribal, and territorial law enforcement officers to-- ``(A) conduct cyber and electronic crime and related threat investigations; ``(B) conduct computer and mobile device forensic examinations; and ``(C) respond to network intrusion incidents. ``(3) Training State, local, tribal, and territorial law enforcement officers, prosecutors, and judges on methods to obtain, process, store, and admit digital evidence in court. ``(c) Principles.--In carrying out the functions specified in subsection (b), the Institute shall ensure, to the extent practicable, that timely, actionable, and relevant expertise and information related to cyber and electronic crime and related threats is shared with State, local, tribal, and territorial law enforcement officers and prosecutors. ``(d) Equipment.--The Institute may provide State, local, tribal, and territorial law enforcement officers with computer equipment, hardware, software, manuals, and tools necessary to conduct cyber and electronic crime and related threat investigations and computer and mobile device forensic examinations. ``(e) Electronic Crime Task Forces.--The Institute shall facilitate the expansion of the network of Electronic Crime Task Forces of the United States Secret Service through the addition of State, local, tribal, and territorial law enforcement officers educated and trained at the Institute. ``(f) Savings Provision.--All authorized activities and functions carried out by the Institute at any location as of the day before the date of the enactment of this section are authorized to continue to be carried out at any such location on and after such date.''. (b) Funding.--For each of fiscal years 2018 through 2022, amounts appropriated for United States Secret Service, Operations and Support, may be used to carry out this Act and the amendments made by this Act. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 821 the following new item: ``Sec. 822. National Computer Forensics Institute.''. SEC. 3. PREVENTION, INVESTIGATION, AND PROSECUTION OF ECONOMIC, HIGH TECHNOLOGY, INTERNET, AND OTHER WHITE COLLAR CRIME. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following: ``PART MM--PREVENTION, INVESTIGATION, AND PROSECUTION OF WHITE COLLAR CRIME ``SEC. 3030. SHORT TITLE. ``This part may be cited as the `National White Collar Crime Control Act of 2017'. ``SEC. 3031. ESTABLISHMENT OF GRANT PROGRAM. ``(a) Authorization.--The Director of the Bureau of Justice Assistance is authorized to enter into a cooperative agreement with or make a grant to an eligible entity for the purpose of improving the identification, investigation, and prosecution of white collar crime (including each category of such crimes set forth in paragraphs (1) through (3) of subsection (b)) by providing comprehensive, direct, and practical training and technical assistance to law enforcement officers, investigators, auditors and prosecutors in States and units of local government. ``(b) White Collar Crime Defined.--For purposes of this part, the term `white collar crime' includes-- ``(1) high-tech crime, including cyber and electronic crime and related threats; ``(2) economic crime, including financial fraud and mortgage fraud; and ``(3) Internet-based crime against children and child pornography. ``SEC. 3032. PURPOSES. ``The purposes of this part include the following: ``(1) To ensure that training is available for State, local, tribal and territorial law enforcement agencies and officers nationwide to support local efforts to identify, prevent, investigate, and prosecute cyber and financial crimes, including those crimes facilitated via computer networks and other electronic means, and crimes involving financial and economic impacts such as intellectual property crimes. ``(2) To deliver training to State, local, tribal, and territorial law enforcement officers, and other criminal justice professionals concerning the use of proven methodologies to prevent, detect, and respond to such crimes, recognize emerging issues, manage electronic and financial crime evidence and to improve local criminal justice agency responses to such threats. ``(3) To provide operational and technical assistance and training concerning tools, products, resources, guidelines, and procedures to aid and enhance criminal intelligence analysis, conduct cyber crime and financial crime investigations, and related justice information sharing at the local and State levels. ``(4) To provide appropriate training on protections for privacy, civil rights, and civil liberties in the conduct of criminal intelligence analysis and cyber and electronic crime and financial crime investigations, including in the development of policies, guidelines, and procedures by State, local, tribal, and territorial law enforcement agencies to protect and enhance privacy, civil rights, and civil liberties protections and identify weaknesses and gaps in the protection of privacy, civil rights, and civil liberties. ``SEC. 3033. AUTHORIZED PROGRAMS. ``A grant or cooperative agreement awarded under this part may be made only for the following programs, with respect to the prevention, investigation, and prosecution of certain criminal activities: ``(1) Programs to provide a nationwide support system for State and local criminal justice agencies. ``(2) Programs to assist State and local criminal justice agencies to develop, establish, and maintain intelligence-focused policing strategies and related information sharing. ``(3) Programs to provide training and investigative support services to State and local criminal justice agencies to provide such agencies with skills and resources needed to investigate and prosecute such criminal activities and related criminal activities. ``(4) Programs to provide research support, to establish partnerships, and to provide other resources to aid State and local criminal justice agencies to prevent, investigate, and prosecute such criminal activities and related problems. ``(5) Programs to provide information and research to the general public to facilitate the prevention of such criminal activities. ``(6) Programs to establish or support national training and research centers regionally to provide training and research services for State and local criminal justice agencies. ``(7) Programs to provide training and oversight to State and local criminal justice agencies to develop and comply with applicable privacy, civil rights, and civil liberties related policies, procedures, rules, laws, and guidelines. ``(8) Any other programs specified by the Attorney General as furthering the purposes of this part. ``SEC. 3034. APPLICATION. ``To be eligible for an award of a grant or cooperative agreement under this part, an entity shall submit to the Director of the Bureau of Justice Assistance an application in such form and manner, and containing such information, as required by the Director of the Bureau of Justice Assistance. ``SEC. 3035. ELIGIBILITY. ``States, units of local government, not-for-profit entities, and institutions of higher-education with demonstrated capacity and experience in delivering training, technical assistance and other resources including direct, practical laboratory training to law enforcement officers, investigators, auditors and prosecutors in States and units of local government and over the Internet shall be eligible to receive an award under this part. ``SEC. 3036. RULES AND REGULATIONS. ``The Director of the Bureau of Justice Assistance shall promulgate such rules and regulations as are necessary to carry out this part, including rules and regulations for submitting and reviewing applications under section 3035.''. (b) Authorization of Appropriations.--There are authorized to be appropriated $13,000,000 for each of fiscal years 2018 through 2022 to carry out-- (1) part MM of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (a); and (2) section 401(b) of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (34 U.S.C. 30103(b)). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the Senate on October 2, 2017. Strengthening State and Local Cyber Crime Fighting Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to authorize a National Computer Forensics Institute within the U.S. Secret Service for FY2017-FY2022. The institute shall: (1) disseminate information related to the investigation and prevention of cyber and electronic crime and related threats; and (2) educate, train, and equip state, local, tribal, and territorial law enforcement officers, prosecutors, and judges. Institute functions include: educating such officers, prosecutors, and judges on current cyber and electronic crimes and related threats, methods for investigating such crime and threats and for conducting computer and mobile device forensic examinations, and related prosecutorial and judicial challenges; training such officers to conduct investigations of such crime and related threats, as well as such forensic examinations, and to respond to network intrusion incidents; and training such officers, prosecutors, and judges on methods to obtain, process, store, and admit digital evidence in court. The institute: shall ensure that timely, actionable, and relevant expertise and information related to such crime and related threats is shared with such officers and prosecutors; may provide such officers with computer equipment, hardware, software, manuals, and tools necessary to conduct investigations of such crime and related threats and such forensic examinations; and shall facilitate the expansion of the network of Electronic Crime Task Forces of the Secret Service through the addition of officers trained at the institute. (Sec. 3) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a new part, which may be cited as the National White Collar Crime Control Act of 2017, authorizing the Department of Justice's Bureau of Justice Assistance to enter into a cooperative agreement or make a grant for training and technical assistance to help law enforcement officers, investigators, auditors, and prosecutors identify, investigate, and prosecute white collar crime. White collar crime includes high-tech crime, economic crime, and Internet-based crime against children and child pornography."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nutria Eradication and Control Act of 2009''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) wetland and tidal marshes in the Chesapeake Bay, the State of Louisiana, and other coastal States provide significant cultural, economic, and ecological benefits to the United States; (2) the South American nutria (Myocastor coypus) is directly contributing to substantial marsh loss on Federal, State, and private land in the States of Maryland and Louisiana and other coastal States; (3) the Nutria Eradication and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) authorized the Maryland Nutria Project, which has successfully eradicated nutria from more than 130,000 acres of Chesapeake Bay wetland in the State of Maryland; (4) the Nutria Eradication and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) and the Coastal Wetlands Planning, Protection, and Restoration Act (16 U.S.C. 3951 et seq.) authorized the Coastwide Nutria Control Program, which has reduced nutria-impacted wetland acres in the State of Louisiana from 80,000 acres to 23,141 acres; and (5) proven techniques developed under the Nutria Eradication and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) that are eradicating nutria from the State of Maryland and are reducing the acres of nutria-impacted wetland in Louisiana, should be applied to nutria eradication or control programs in other nutria-infested coastal States. (b) Purpose.--The purpose of this Act is to authorize the Secretary of the Interior to provide financial assistance to the States of Maryland, Louisiana, Delaware, Oregon, Virginia, and Washington to carry out activities-- (1) to eradicate or control nutria; and (2) to restore nutria damaged wetland. SEC. 3. DEFINITIONS. In this Act: (1) Coastal state.--The term ``coastal State'' means each of the States of Delaware, Oregon, Virginia, and Washington. (2) Program.--The term ``program'' means the nutria eradication program established by section 4(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. NUTRIA ERADICATION PROGRAM. (a) In General.--There is established a nutria eradication program under which the Secretary may, subject to the availability of appropriations, provide financial assistance to the States of Maryland and Louisiana and the coastal States to implement measures-- (1) to eradicate or control nutria; and (2) to restore wetland damaged by nutria. (b) Goals.--The goals of the program shall be-- (1) to eradicate nutria in the State of Maryland; (2) to eradicate or control nutria in the State of Louisiana and the coastal States; and (3) to restore wetland damaged by nutria. (c) Activities in the State of Maryland.--The Secretary shall require that the program carried out in the State of Maryland consist of management, research, and public education activities carried out in accordance with the document published by the United States Fish and Wildlife Service entitled ``Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds'', dated March 2002, and updated March 2009. (d) Cost-sharing Requirement.-- (1) Federal share.--The Federal share of the total cost of the program may not exceed 75 percent. (2) In-kind contributions.--The non-Federal share of the total cost of the program may be provided in the form of in- kind contributions of materials or services. (e) Limitation on Administrative Expenses.--Not more that 5 percent of the financial assistance provided by the Secretary under the program may be used for administrative expenses. SEC. 5. REPORT. Not later than 180 days after the date of enactment of this Act, the Secretary and the National Invasive Species Council shall-- (1) for purposes of the program, give consideration to-- (A) the 2002 report for the Louisiana Department of Wildlife and Fisheries entitled ``Nutria in Louisiana''; and (B) the March 2009 update of the document entitled ``Eradication Strategies for the Nutria in the Chesapeake and Delaware Bay Watersheds'' and dated March 2002; (2) continue, in cooperation with the State of Louisiana Department of Wildlife and Fisheries and the State of Maryland Department of Natural Resources, a long-term nutria control or eradication program, as appropriate, with the objective to significantly reduce and restore the damage nutria cause to coastal wetland in the States of Louisiana and Maryland; and (3) develop, in cooperation with the State of Delaware Department of Natural Resources and Environmental Control, the State of Virginia Department of Game and Inland Fisheries, the State of Oregon Department of Fish and Wildlife, and the State of Washington Department of Fish and Wildlife, long-term nutria control or eradication programs, as appropriate, with the objective to significantly reduce and restore the damage nutria cause to coastal wetland in the coastal States. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for each of fiscal years 2010 through 2014-- (1) $4,000,000 to provide financial assistance under the program to each of the States of Maryland and Louisiana; and (2) $1,000,000 to provide financial assistance under the program to each of the coastal States.", "summary": "Nutria Eradication and Control Act of 2009 - (Sec. 4) Establishes a nutria eradication program under which the Secretary of the Interior may provide financial assistance on a cost-sharing basis to Maryland, Louisiana, and the \"coastal states\" (Delaware, Oregon, Virginia, and Washington) to eradicate or control nutria and restore nutria-damaged wetland. (States that the program goal in Maryland is nutria eradication.) Requires the Maryland program to consist of management, research, and public education activities carried out in accordance with the United States Fish and Wildlife Service's document \"Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds.\" (Sec. 5) Directs the Secretary and the National Invasive Species Council to: (1) give consideration to the report of the Louisiana Department of Wildlife and Fisheries entitled \"Nutria in Louisiana,\" and the updated version of the \"Eradication Strategies for the Nutria in the Chesapeake and Delaware Bay Watersheds\" document; (2) continue, in cooperation with the Louisiana Department of Wildlife and Fisheries and the Maryland Department of Natural Resources, a long-term nutria control or eradication program; and (3) develop, in cooperation with the Delaware Department of Natural Resources and Environmental Control, the Virginia Department of Game and Inland Fisheries, the Oregon Department of Fish and Wildlife, and the Washington Department of Fish and Wildlife, long-term nutria control or eradication programs. (Sec. 6) Authorizes specified FY2010-FY2014 appropriations for: (1) Maryland and Louisiana; and (2) the coastal states."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer and Community Choice in Access Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) As cable, telecommunications and Internet lines of business merge, cable operators are upgrading their cable systems to offer 2-way communications on their cable networks, including high-speed broadband access to the Internet. (2) Upgraded cable systems are now offering Internet access up to 1,000 times faster than traditional phone lines, and up to 100 times faster than integrated services digital network (``ISDN'') lines. (3) Some cable operators are requiring their customers to obtain broadband access only through their affiliated Internet service provider (``ISP''). (4) Citizens who need or desire Internet access through the significantly faster cable network, but who choose not to use the cable operators' affiliated ISP must pay twice (once to the cable operator's ISP, once to their own ISP), in order to access the ISP of their choice. (5) Some in the cable industry, utilizing both their affiliated ISP and considerable market power, will not allow open and direct access to unaffiliated ISPs and their customers via the broadband cable platform. (6) The initial design of broadband cable modem Internet access has also created technological barriers to open access that need to be addressed. (7) In their federally recognized roles as local cable franchising authorities, local communities across the country are now confronted with the question of whether to allow their cable operators to restrict unaffiliated ISP from gaining direct, open access to their customers on the regulated cable network. In Oregon, the city of Portland and Multnomah County have already faced this situation, and decided that the public interest requires open access. This decision has been upheld by a Federal court. (8) However, some have expressed concern that allowing localities the ability to promote competition by requiring open access will delay the deployment of cable broadband Internet access services. (9) Local jurisdictions that choose to impose a procompetitive open access requirement serve the important public purpose of serving as ``laboratories'' for field trials to develop true competition on the cable Internet gateway. (10) Clearly, the possible development of a monopoly bottleneck to high-speed Internet access is a critical public policy issue that Congress, the Federal Communications Commission, and local franchising authorities need to address. SEC. 3. NONDISCRIMINATORY REQUIREMENTS FOR INTERCONNECTION TO THE INTERNET. (a) Reallocation of Authority.--Section 624 of the Communications Act of 1934 (47 U.S.C. 544) is amended-- (1) in subsection (b)(1), by striking ``or other information services''; and (2) by adding at the end the following new subsection: ``(j) Internet Access.--The Commission may require cable operators that provide interconnection, using cable system facilities, with the Internet to offer such interconnection on terms and conditions that are fair, reasonable, and nondiscriminatory. Such requirements shall include the obligation to provide direct or indirect interconnection with the facilities and equipment of any Internet service provider on terms and conditions that are functionally and economically equivalent to the interconnection provided to any other Internet service provider, whether or not affiliated with the cable operator. If the Commission determines, after notice and comment, that a cable operator is not complying with such obligation, the Commission may establish the terms and conditions of such interconnection.''. SEC. 4. LEASED ACCESS AMENDMENT. Section 612 of the Communications Act of 1934 (47 U.S.C. 532) is amended-- (1) in subsection (b)(5), by inserting ``or other cable service'' after ``provision of video programming''; (2) in subsection (c)(2), by inserting ``or other cable service'' after ``over any video programming''; and (3) by adding at the end the following new subsection: ``(k) Treatment of High-Speed Data Services.--Until the Commission establishes open access or interconnection standards and obligations under section 624(j), a service that provides high-speed data service (as such term is defined in regulations of the Commission) and that seeks to obtain channel capacity under this section may, notwithstanding subsection (b)(5), be treated as seeking channel capacity for a commercial use.''. SEC. 5. CLARIFICATION OF LIMITATION ON COMMON CARRIER REGULATION. Section 621(c) of the Communications Act of 1934 (47 U.S.C. 541(c)) is amended by adding at the end the following new sentence: ``A telecommunications service that is provided by a cable system is subject to regulation as a common carrier service.''. SEC. 6. RULES OF CONSTRUCTION. Nothing in this Act-- (1) restricts or limits the authority of a State or franchising authority; or (2) shall be construed to affect any civil action that is pending in any Federal or State court on the date of enactment of this Act.", "summary": "Consumer and Community Choice in Access Act of 1999 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to require cable operators that provide interconnection with the Internet using that cable system's facilities to offer such interconnection on terms and conditions that are fair, reasonable, and nondiscriminatory and to provide such interconnection with the facilities and equipment of any Internet service provider, whether or not affiliated with such cable operator. Directs a cable operator to designate channel capacity for the provision of other cable services (currently, for a commercial use, which includes only video programming). Provides that, until the FCC establishes open access or interconnection standards and obligations for cable providers, a service that provides high-speed data service and that seeks to obtain channel capacity for such service may be treated as seeking channel capacity for a commercial use. Subjects a telecommunications service that is provided by a cable system to Federal regulation as a common carrier service."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bramwell National Historical Park Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that: (1) The coal mining heritage of southern West Virginia is of national historical and cultural significance. (2) The Town of Bramwell, West Virginia, possesses remarkable and outstanding historical, cultural, and architectural values relating to the coal mining heritage of southern West Virginia. (3) It is in the national interest to preserve the unique character of the Town of Bramwell, West Virginia, and to enhance the historical, cultural, and architectural values associated with its coal mining heritage. (b) Purpose.--The purpose of this Act is to provide for the preservation, restoration, and interpretation of the historical, cultural, and architectural values of the Town of Bramwell, West Virginia, for the educational and inspirational benefit of present and future generations. SEC. 3. ESTABLISHMENT. (a) In General.--In order to preserve, restore, and interpret the unique historical, cultural, and architectural values of Bramwell, West Virginia, there is hereby established the Bramwell National Historical Park (hereinafter referred to as the ``Park''). (b) Area Included.--The Park shall consist of the lands and interests in lands within the corporate boundary of the Town of Bramwell. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the Park in accordance with this Act and with the provisions of law generally applicable to units of the national park system, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 461-467). (b) Donations.--Notwithstanding any other provision of law, the Secretary may accept and retain donations of funds, property, or services from individuals, foundations, corporations, or public entities for the purpose of providing services and facilities which he deems consistent with the purposes of the Act. (c) Cooperative Agreements.--In administering the Park, the Secretary is authorized to enter into cooperative agreements with the State of West Virginia, or any political subdivision thereof, for carrying out the purposes of this Act. SEC. 5. ACQUISITION OF LAND. (a) General Authority.--The Secretary may acquire land or interests in land within the boundaries of the Park only by donation, exchange, or purchase from willing sellers with donated or appropriated funds. (b) State Lands.--Lands or interest in lands, within the boundaries of the Park which are owned by the State of West Virginia or any political subdivision thereof, may be acquired only by donation. SEC. 6. COOPERATIVE AGREEMENTS. The Secretary is authorized to enter into cooperative agreements with the owners of properties of historical or cultural significance within the Park pursuant to which the Secretary may mark, interpret, restore, and provide technical assistance for the preservation and interpretation of such properties. SEC. 7. PROPERTY OWNER RIGHTS. Nothing in this Act may be construed as authorizing the Secretary to have access to private residential property within the Park for the purpose of conducting visitors through such property, or for any other purpose, without the advice and consent of the owner of such property. SEC. 8. MANAGEMENT PLAN. (a) In General.--The Secretary, in consultation with the committee referred to in section 9, shall prepare a plan for the restoration, preservation, interpretation, and development of the historical, cultural, and architectural resources of the Park. (b) Restoration Measures.--The plan referred to in this section shall provide for such measures as may be deemed appropriate for the restoration of public areas within the Park, including but not limited to each of the following: (1) The restoration of a brick surface to such segments of North River Street, Main Street, Rose Street, South River Street, and Bloch Street as deemed necessary to restore the historical and architectural character of the Park. (2) Measures to mitigate the visual impact of public utility facilities such as phone and electrical lines on the historical and architectural character of the Park. (c) Development Measures.--The plan referred to in this section shall provide for such measures as may be deemed appropriate for the development of public areas within the Park, including but not limited to each of the following: (1) The reconstruction of the Bramwell Railroad Depot. (2) The restoration of an edifice or edifices suitable to provide for the interpretation and visitor appreciation of the historical, cultural, and architectural features of the Park. SEC. 9. ADVISORY COMMITTEE. (a) Establishment.--There is hereby established the Bramwell National Historical Park Advisory Committee (hereinafter in this Act referred to as ``Advisory Committee''). The Advisory Committee shall be composed of thirteen members appointed by the Secretary to serve for terms of two years, except for the Governor of the State of West Virginia and the Mayor of the Town of Bramwell who shall serve without limitation of terms. Any member of the Advisory Committee may serve after the expiration of his term until a successor is appointed. Any member of the Advisory Committee may be appointed to serve more than one term. The Secretary or his designee shall serve as Chairman. (b) Management and Development Issues.--The Secretary, or his designees, shall meet on a regular basis and consult with the Advisory Committee on matters relating to the development of a management plan for the Park and on the implementation of such plan. (c) Expenses.--Members of the Advisory Committee shall serve without compensation as such, but the Secretary may pay expenses reasonably incurred in carrying out their responsibilities under this Act on vouchers signed by the Chairman. (d) Membership.--The Secretary shall appoint members to the Advisory Committee as follows: (1) the Governor of the State of West Virginia or his delegate; (2) one member to represent the West Virginia Division of Culture and History to be appointed from among persons nominated by the Governor of the State of West Virginia; (3) the Mayor of the Town of Bramwell; (4) one member to represent the Mercer County Commission; (5) one member to represent the Mercer County Historical Society; (6) two members to represent the Bramwell Historic Landmark Commission; (7) two members to represent the Bramwell Millionaire Garden Club; (8) one member to represent the West Virginia Preservation Alliance, Inc.; (9) one member to represent Coalways, Inc.; (10) one member to represent the West Virginia Association of Museums; and (11) one member to represent the Pinnacle Rock State Park Foundation, Inc. (e) Termination; Charter.--The Advisory Committee shall terminate on the date ten years after the enactment of this Act notwithstanding the Federal Advisory Committee Act (Act of October 6, 1972; 86 Stat. 776). The provisions of section 14(b) of such Act (relating to the charter of the Committee) are hereby waived with respect to this Advisory Committee. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated such sums as may be necessary to carry out the purpose of this Act.", "summary": "Bramwell National Historical Park Act of 1993 - Establishes the Bramwell National Historical Park, West Virginia, to preserve, restore, and interpret the unique historical, cultural, and architectural values of the town. Establishes the Bramwell National Historical Park Advisory Committee. Authorizes appropriations."}
{"article": "SECTION 1. ACCESS TO MENTAL HEALTH CARE OF FAMILIES OF MEMBERS OF THE NATIONAL GUARD AND RESERVE DURING THEIR MOBILIZATION, DEPLOYMENT, AND DEMOBILIZATION. (a) Findings.--Congress makes the following findings: (1) The members of the National Guard and Reserve have made extraordinary contributions to Operation Iraqi Freedom and Operation Enduring Freedom. (2) The scope and scale of recent mobilizations and deployments of members of the National Guard and Reserve is unprecedented in the modern history of the Armed Forces. (3) The frequency and length of such mobilizations and deployments has placed significant strain on the family members of deployed members. (4) The Department of Defense Task Force on Mental Health determined that family members of deployed members of the National Guard and Reserve are more likely to experience mental health challenges as a result of these mobilizations and deployments. (5) The Department of Defense Task Force on Mental Health also determined that family members of deployed members of the National Guard and Reserve are less likely to have ready access to mental health care during periods of deployment. (6) Family members of members of the National Guard and Reserve often live far from military installations that are the primary locations for mental health care provided by the Department of Defense. (7) Adequate support for family members of deployed members of the Armed Forces is critical to maintaining morale, both on the battlefield and on the home front. (b) Sense of Congress.--It is the sense of Congress that the Department of Defense should undertake appropriate actions to ensure that family members of members of the National Guard and Reserve who are deployed have full access to mental health care during the periods of mobilization, deployment, and demobilization of such members of the National Guard and Reserve. (c) Initiative To Increase Access to Mental Health Care.-- (1) In general.--The Secretary of Defense shall undertake a nationwide initiative intended to increase access to mental health care for family members of members of the National Guard and Reserve who are mobilized. (2) Elements.--The initiative shall include the following: (A) Programs and activities to educate the family members of members of the National Guard and Reserve who are mobilized on potential mental health challenges connected with such mobilization. (B) Programs and activities to provide such family members with complete information on all mental health care resources available to such family members through the Department of Defense and otherwise. (C) Requirements for mental health counselors at military installations in communities with large numbers of mobilized members of the National Guard and Reserve to expand the reach of their counseling activities to include families of such members in such communities. (d) Mental Health Care Under TRICARE.-- (1) In general.--Under such regulations as the Secretary of Defense shall prescribe, reimbursement shall be provided under the TRICARE program under chapter 55 of title 10, United States Code, for any mental health care specified in paragraph (3) that is provided to a family member of a covered member of the National Guard or Reserve during the period of deployment of such covered member of the National Guard or Reserve as described in paragraph (2). (2) Covered members of the national guard or reserve.--For purposes of this subsection, a covered member of the National Guard or Reserve is any member of the National Guard or Reserve on active duty for more than 30 days for a deployment in connection with Operation Iraqi Freedom or Operation Enduring Freedom who, while so on active duty, is covered by the TRICARE program on a for self and family basis. (3) Mental health care.--The mental health care specified in this paragraph is mental health care as follows: (A) Mental health care otherwise provided to covered dependents of members of the uniformed services under the TRICARE program. (B) Any mental health care and treatment that is provided at a facility accredited by the Joint Commission on Accreditation of Healthcare Organizations. (C) Any mental health care and treatment that is provided at a facility accredited by a State- accrediting institution, including a facility not otherwise recognized as an authorized provider under the TRICARE program. (D) Chemical dependency treatment at any partial hospital program, substance-abuse disorder rehabilitation facility, or residential treatment center accredited by the Joint Commission on Accreditation of Healthcare Organizations or by a State-accrediting institution. (4) Effective date.--This subsection shall take effect on January 1, 2008. (e) Reports.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on this section. (2) Elements.--Each report shall include the following: (A) A current assessment of the extent to which family members of members of the National Guard and Reserve who are deployed have access to, and are utilizing, mental health care available under this section. (B) A current assessment of the quality of mental health care being provided d to family members of the National Guard and Reserve who are deployed at State- accredited treatment centers. (C) Such recommendations for legislative or administrative action as the Secretary considers appropriate in order to further assure full access by family members of members of the National Guard and Reserve who are deployed to mental health care during the mobilization, deployment, and demobilization of such members of the National Guard and Reserve.", "summary": "Expresses the sense of Congress that the Department of Defense (DOD) should undertake actions to ensure that family members of National Guard and Reserve personnel who are deployed have full access to mental health care during the periods of mobilization, deployment, and demobilization. Requires the Secretary of Defense to undertake an initiative to increase access to mental health care, including education concerning mental health challenges and information on available resources, for family members of such personnel who are mobilized. Requires reimbursement under the TRICARE program for certain mental health care services, including chemical dependency treatment, provided to a family member of a covered Guard or Reserve member during a period of deployment on active duty for more than 30 days in connection with Operation Iraqi Freedom or Operation Enduring Freedom who, while on such duty, is covered by the TRICARE program on a for self and family basis. Requires regular reports from the Secretary assessing the access and quality of such family mental health care services and recommendations for legislative and administrative action."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Equity Act of 1998''. SEC. 2. USE OF STATE CHILDREN'S HEALTH INSURANCE PROGRAM FUNDS FOR ENHANCED MATCHING RATE FOR COVERAGE OF ADDITIONAL CHILDREN UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (b), by striking ``or subsection (u)(3)'' and inserting ``, subsection (u)(3), or subsection (u)(4)(A)''; and (2) in subsection (u) (as added by section 4911(a)(2) of the Balanced Budget Act of 1997 and as amended by section 162 of Public Law 105-100)-- (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph: ``(4)(A) For purposes of subsection (b), the expenditures described in this subparagraph are expenditures for medical assistance for waivered low-income children described in subparagraph (B) but-- ``(i) only in the case of children residing in a State described in subparagraph (C); and ``(ii) only to the extent the number of full-year equivalent waivered low-income children enrolled under the State plan under this title for the fiscal year exceeds the number of waivered low-income children described in subparagraph (D)(i) for the State for the fiscal year. ``(B) For purposes of this paragraph, the term `waivered low-income child' means a child whose family income exceeds the minimum income level required to be established for the age of such child under section 1902(l)(2) in order for the child to be eligible for medical assistance under this title, but does not exceed the medicaid applicable income level (as defined in section 2110(b)(4) but determined as if `June 1, 1997' were substituted for `March 31, 1997') for that child. ``(C) A State described in this subparagraph is a State that-- ``(i) has under a waiver authorized by the Secretary or under section 1902(r)(2) established a medicaid applicable income level (as defined in section 2110(b)(4) but determined as if `June 1, 1997' were substituted for `March 31, 1997') for children under 19 years of age residing in the State that is at or above 200 percent of the poverty line; and ``(ii) demonstrates to the satisfaction of the Secretary a commitment to reach and enroll children who are eligible for, but not enrolled under, the State plan through means, such as the following: ``(I) Eliminating the assets test for eligibility of waivered low-income children. ``(II) Using shortened and simplified applications for such children. ``(III) Allowing applications for such children to be submitted by mail or through telephone. ``(IV) Outstationing State eligibility workers at sites that are frequented by families with children, including schools, child care centers, churches, centers providing Head Start services, local offices of the special supplemental food program for women, infants and young children (WIC) established under section 17 of the Child Nutrition Act of 1966, community centers, Job Corps centers established under part B of title IV of the Job Training Partnership Act or subtitle C of title I of the Workforce Investment Act of 1998, sites offering the recognized equivalent of a secondary school degree, offices of tribal organizations (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act), and Social Security Administration field offices. ``(V) Using presumptive eligibility for waivered low-income children. ``(VI) Collaborating with public and private entities to conduct outreach campaigns to enroll such children. ``(D)(i) For purposes of subparagraph (A)(ii), the number of waivered low-income children for a State described in this clause for-- ``(I) fiscal year 1998, is equal to the number of full-year equivalent waivered low-income children enrolled under the State plan under this title for fiscal year 1997; and ``(II) fiscal year 1999 or a succeeding fiscal year, is equal to the number of waivered low-income children determined under this clause for the preceding fiscal year increased by the number of percentage points determined under clause (ii) for the State for the fiscal year involved. ``(ii) The number of percentage points determined under this clause for a State for a fiscal year is equal to the number of percentage points by which-- ``(I) the arithmetic average of the total number of children in the State set forth in the 3 most recent March supplements to the Current Population Survey of the Bureau of the Census before the beginning of the fiscal year; exceeds ``(II) the arithmetic average of such total number set forth in the second, third, and fourth most recent March supplements to such Survey before the beginning of the fiscal year. ``(E) For purposes of section 2104(d) (regarding the reduction of an allotment under title XXI) the amount determined under paragraph (2) of that section shall, with respect to expenditures described in subparagraph (A), only take into account the amount by which-- ``(i) the payments made to a State for such expenditures for a fiscal year on the basis of an enhanced FMAP under the fourth sentence of subsection (b); exceed ``(ii) the amount of payments that would have been made for the expenditures if the enhanced FMAP did not apply. ``(F) Each State shall submit to the Secretary such information, at such time and in such manner, as the Secretary determines is necessary to ensure that the requirements of this paragraph are satisfied. The Secretary shall ensure that information is provided under this subsection in a manner that is consistent with other reporting requirements for information required to be submitted by a State under this title and title XXI, and avoids duplication of reporting requirements. ``(G) The Secretary shall regularly examine the payments made to a State for the expenditures described in subparagraph (A) to confirm that the payments are attributable to expenditures described in such subparagraph.''. (b) Conforming Amendments.-- (1) Section 1902(a)(10)(A)(ii)(XIV) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)(XIV)) is amended by striking ``1905(u)(2)(C)'' and inserting ``1905(u)(2)(B)''. (2) Section 2104(d)(2) of the Social Security Act (42 U.S.C. 1397dd(d)(2)) is amended by inserting ``subject to section 1905(u)(4)(E),'' after ``(2)''. (c) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of section 4911 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 570). SEC. 3. EXPANSION OF PRESUMPTIVE ELIGIBILITY OPTION FOR CHILDREN UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1920A(b)(3)(A)(i) of the Social Security Act (42 U.S.C. 1396r-1a(b)(3)(A)(i)) is amended-- (1) by striking ``or (II)'' and inserting ``, (II)''; and (2) by inserting before the semicolon ``, eligibility for assistance under the State plan under part A of title IV, eligibility of a child to receive medical assistance under the State plan under this title or title XXI, (III) is a staff member of an elementary school or secondary school, as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), a child care resource and referral center, or an agency administering a State plan under part D of title IV, or (IV) is so designated by the State''. (b) Conforming Amendments.--Section 1920A of such Act (42 U.S.C. 1396r-1a) is amended-- (1) in subsection (b)(3)(A)(ii), by striking ``paragraph (1)(A)'' and inserting ``paragraph (2)(A)''; and (2) in subsection (c)(2), in the matter preceding subparagraph (A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(2)(A)''.", "summary": "Children's Health Equity Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to provide for an increased Federal medical assistance percentage for expanded coverage of certain waivered low-income children in States which: (1) have established a Medicaid applicable income level for children under age 19 that is at or above 200 percent of the poverty line; and (2) demonstrate a commitment to reach and enroll such children. Defines \"waivered low-income children\" as those whose family income: (1) exceeds certain minimum Medicaid-eligible levels required to be established for the age of the child; but (2) does not exceed the Medicaid applicable income level for that child. Provides for expansion of the individuals and entities which may serve as qualified entities with regard to the Medicaid presumptive eligibility option for low-income children. Limits the number of waivered low-income children for a State for FY 1998 and each succeeding fiscal year."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Congressional Foreign Travel Reform Act of 2010''. (b) Findings.--Congress finds the following: (1) The 56-year-old Mutual Security Act governs the current procedures and reporting requirements associated with the expending of foreign currencies for foreign travel by members of Congress and their staffs. (2) A recent Congressional Research Service (CRS) memorandum finds that ``there are no requirements regarding the disclosure of international travel by Members of Congress or their staffs that contain records of all international travel that might be taken.''. (3) This memorandum also finds that-- (A) the current travel disclosure requirements ``may be of limited utility'' when trying to assess the amount Congress spends on foreign travel; (B) some foreign travel disclosures ``. . . identify annual expenditures for an entity, rather than quarterly,'' as is required by the law; (C) some disclosures contain ``. . . typographical and mathematics errors''; (D) the current disclosure requirements for Congressional foreign travel ``. . . might raise questions about the accuracy of reported destinations, participants or expenditures''; and (E) the current reporting requirements for Congressional foreign travel ``. . . may reduce the suitability and reliability'' of the following data: ``number of trips taken, number of congressional travelers, destinations and the number of times a destination was visited, purposes of travel, benefits of travel and the extent of expenditures for congressional travel.''. (4) In April 2010 Roll Call reported that these travel ``. . . accommodations are made by the State Department and billed back to a government account that automatically refills itself and has no spending limit attached.''. (5) In March 2010 the Wall Street Journal reported that while congressional rules require any unused per diem received for congressional travel must be paid back, this rule is rarely followed. (6) The ``Questions and Answers'' section of the Official Foreign Travel Guide for the U.S. Congress advises Members of Congress that they ``. . . may keep any `excess' funds'' from a per diem allowance. (7) The CRS memorandum finds that from the only public available records on Congressional foreign travel, the House of Representatives went from spending $1,557,162 on foreign travel in 1994 to $9,303,709 in 2009, and that the amount the House has spent on travel has nearly doubled since 2006. Furthermore, these amounts do not take into account the use of military aircraft. (8) In June 2010 Roll Call reported that ``Members of Congress routinely fail to report millions of dollars' worth of costs . . . on foreign trips'', and that the ``total spent on foreign travel has skyrocketed in the past decade.'' SEC. 2. REQUIRING CONGRESS TO OBTAIN AND PAY FOR LOCAL CURRENCIES USED TO PROVIDE PER DIEMS TO MEMBERS AND EMPLOYEES OF CONGRESS ON OFFICIAL FOREIGN TRAVEL. (a) Obtaining and Paying for Local Currency Per Diems for Members and Employees on Official Foreign Travel.-- (1) In general.--The House of Representatives and Senate may obtain local currencies of foreign nations for the purpose of providing a per diem allowance to a Member, officer, or employee of the House of Representatives or Senate who is on official foreign travel, if the individual obtains an authorization under paragraph (2) to receive such an allowance. (2) Authorization described.--An individual wishing to receive a per diem allowance under paragraph (1) shall obtain an authorization-- (A) from the Speaker of the House of Representatives, in the case of a Member, officer, or employee of the House; (B) from the chairman of a standing or select committee of the House of Representatives, in the case of a member or employee of that committee; (C) from the President of the Senate, the President pro tempore of the Senate, the majority leader of the Senate, or the minority leader of the Senate, in the case of a Member, officer, or employee of the Senate; (D) from the chairman of a standing, select, or special committee of the Senate, in the case of a member or employee of that committee or of an employee of a member of that committee; and (E) from the chairman of a joint committee of the Congress, in the case of a member or employee of that committee. (3) Limit on amount.--The amount of local currency provided for the use of an individual under this subsection may not exceed-- (A) the equivalent of $75 per day per person; or (B) the maximum per diem allowance established under the authority of subchapter I of chapter 57 of title 5, United States Code, for employees of the United States Government while traveling in a foreign country, whichever is greater, exclusive of the actual cost of transportation. (4) Repayment of unused amounts.--Any individual to whom the House of Representatives or the Senate provides a per diem under this subsection shall return to the House of Representatives or the Senate (as the case may be) any per diem provided to the Member or employee which remains unexpended as of the conclusion of the travel. Any amount returned in accordance with the previous sentence shall be transferred to the Secretary of the Treasury, who shall use such amount for the purposes of deficit reduction. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary for obtaining local currencies under this subsection, of which-- (A) the amounts necessary for obtaining local currencies for the use of any individual whose pay is disbursed by the Chief Administrative Officer of the House of Representatives shall be appropriated from the applicable accounts of the House of Representatives; and (B) the amounts necessary for obtaining local currencies for the use of any individual whose pay is disbursed by the Secretary of the Senate shall be appropriated from the contingent fund of the Senate. (6) Definitions.--In this subsection-- (A) any reference to a ``Member'' of the House of Representatives includes a Delegate or Resident Commissioner to the Congress; and (B) the term ``official foreign travel'' means any travel outside of the United States for which the costs (including the costs of transportation, lodging, meals, and related expenses) may be covered by appropriated funds, including official funds of the House of Representatives or Senate, under law or the Rules of the House of Representatives or the Standing Rules of the Senate. (b) Conforming Amendments.-- (1) Repeal existing authority.--Section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754(b)) is amended by striking paragraph (1). (2) Maintenance of existing reporting requirements.-- Section 502(b)(3)(A) of such Act (22 U.S.C. 1754(b)(3)(A)) is amended by striking ``an authorization under paragraph (1)'' and inserting ``an authorization under section 2(b) of the Congressional Foreign Travel Reform Act of 2010.''. (c) Effective Date.--This section and the amendments made by this section shall apply with respect to fiscal year 2011 and each succeeding fiscal year. SEC. 3. ENHANCED DISCLOSURE AND OTHER RESTRICTIONS RELATING TO MEMBER TRAVEL UNDER RULES OF HOUSE OF REPRESENTATIVES. (a) Reporting Requirements for Official Foreign Travel by House Members and Employees.-- (1) Statement required prior to undertaking travel.--A Member or employee of the House of Representatives may not undertake any official foreign travel unless, not later than 14 days prior to the date on which the travel begins, the Member or employee prepares and makes available for public inspection in accordance with subsection (b) a statement containing the following information: (A) A statement of worthiness regarding the purpose of the travel, including a description of how the travel relates to the Member's or employee's official duties. (B) A tentative itinerary for each day of the travel, including a list of the locations the Member or employee intends to visit and any individuals with whom the Member or employee intends to meet. (C) The names of any other individuals who are accompanying the Member or employee during the travel, without regard to whether such individuals are Members or employees of the House. (D) The amount of the per diem the Member or employee requested to be provided for the travel, and whether the amount is greater than the standard per diem provided under chapter 57 of title 5, United States Code. (E) A description of the aircraft to be used for transportation for the travel, and the Member's or employee's best estimate of the costs of using such aircraft. (2) Statement required after completion of travel.--Not later than 14 days after completing any official foreign travel, the Member or employee who undertook the travel shall prepare and make available for public inspection in accordance with subsection (b) a statement containing the following information: (A) A statement detailing the value, worthiness, and educational benefit to the Member or employee of the travel. (B) The actual itinerary for the travel, including a comprehensive statement of travel times, meetings, and other activities carried out during the travel. (C) The actual cost of the travel, itemized by the costs of-- (i) transportation (including the identification of the providers of the transportation); (ii) lodging (including the identification of the providers of the lodging); and (iii) meals (including the identification of the providers of the meals). (D) How much, if any, of the per diem provided for the travel was unspent. (3) Exception for information affecting national security.--A Member or employee may exclude from a statement prepared under this subsection any information which is classified or the disclosure of which would adversely affect national security, so long as the Member includes documentation in support of the exclusion in the statement prepared under this subsection. (b) Publication Requirements for Reports.--Each statement required to be prepared under subsection (a) with respect to official foreign travel of a Member or employee of the House of Representatives shall be made available for public inspection as follows: (1) The statement shall be submitted for publication in the Congressional Record. (2) The statement shall be posted on the official public website of the Clerk of the House of Representatives. (3) The statement shall be posted on the official public website of the authorizing office. (4) In the case of a statement submitted with respect to travel of a Member, the statement shall be posted on the official public website of the Member. (5) In the case of a statement submitted with respect to travel of an employee, the statement shall be posted on the official public website of the employee's employing office. (c) Prohibiting Vacation Stopovers During Travel.--A Member or employee of the House of Representatives may not undertake a vacation stopover for annual leave at any point during official foreign travel. (d) Restrictions on Travel by Employees.-- (1) Travel by employees of members.--An employee of the House of Representatives whose employing office is the office of a Member may not undertake any official foreign travel unless-- (A) the authorizing office for the travel is the office of the Member; (B) the travel is undertaken by the employee to accompany the Member on the Member's own official foreign travel; and (C) no other employee of the office accompanies the Member on such travel. (2) Travel by employees of committees.--An employee of the House of Representatives whose employing office is the office of a committee of the House of Representatives may not undertake any official foreign travel unless-- (A) the authorizing office for the travel is the office of the committee; (B) the travel is undertaken by the employee to accompany a Member who serves on the committee on the Member's own official foreign travel; and (C) the number of employees accompanying the Members of the committee on such travel does not exceed the number of Members of the committee who are participating in such travel. (3) Exception for certain travel.--This subsection does not apply with respect to travel to a military installation or travel to a theater of operations of the Armed Forces. (e) Requiring Efforts To Reduce Expenses; Return of Unspent Per Diem.--Each Member and employee of the House of Representatives who undertakes official foreign travel shall-- (1) take such actions as may be necessary to reduce the costs incurred for such travel; and (2) return any per diem provided to the Member or employee which remains unexpended as of the conclusion of the travel. (f) Regulations.--This section shall be carried out in accordance with regulations promulgated by the Committee on House Administration of the House of Representatives. (g) Definitions.--In this section, the following definitions apply: (1) The term ``authorizing office'' means, with respect to a Member or employee of the House of Representatives, the office which is authorized under law or the Rules of the House of Representatives to approve the use of appropriated funds, including official funds of the House of Representatives, for official travel outside of the United States by the Member or employee. (2) The term ``Member of the House of Representatives'' includes a Delegate or Resident Commissioner to the Congress. (3) The term ``official foreign travel'' means any travel outside of the United States for which the costs (including the costs of transportation, lodging, meals, and related expenses) may be covered by appropriated funds, including official funds of the House of Representatives, under law or the Rules of the House of Representatives. (h) Statement of Rulemaking Authority of House of Representatives.--This section is enacted by Congress as an exercise of the rulemaking power of the House of Representatives and shall be considered a part of the rules of the House of Representatives, with full recognition of the constitutional right of the House to change this section at any time, in the same manner and to the same extent as in the case of any other rule of the House.", "summary": "Congressional Foreign Travel Reform Act of 2010 - Authorizes the House of Representatives and the Senate to obtain local currencies of foreign nations to provide a per diem allowance to a Member, officer, or employee of each chamber on official foreign travel, if the individual obtains an authorization to receive such an allowance from the appropriate specified congressional officer or committee chairman. Limits such local currency to up to the equivalent of $75 per day per person, or the authorized maximum per diem allowance for federal employees while traveling in a foreign country, whichever is greater, exclusive of the actual cost of transportation. Prohibits any Member or employee of the House from undertaking any official foreign travel unless, within 14 days before and within 14 days after such travel, the individual prepares and makes available for public inspection a specified statement containing certain travel-related information. Prohibits a vacation stopover for annual leave at any point during official foreign travel. Specifies restrictions on official foreign travel by Member and House committee employees, except travel to a military installation or to a theater of operations of the Armed Forces. Requires Members of the House and employees who undertake official foreign travel to: (1) take necessary actions to reduce travel costs; and (2) return any per diem remaining unexpended at conclusion of the travel."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Local Transportation Security Capabilities Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Public and private sector stakeholders.--The term ``public and private sector stakeholders'' has the meaning given such term in section 114(u)(1)(C) of title 49, United States Code. (2) Surface transportation asset.--The term ``surface transportation asset'' includes facilities, equipment, or systems used to provide transportation services by-- (A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1131(5))); (B) a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code); (C) an owner or operator of-- (i) an entity offering scheduled, fixed- route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1151(4))); or (ii) a bus terminal; or (D) other transportation facilities, equipment, or systems, as determined by the Secretary. (3) Transportation facility.--The term ``transportation facility'' means a bus terminal, intercity or commuter passenger rail station, airport, multi-modal transportation center, or other transportation facility, as determined by the Secretary of Homeland Security. SEC. 3. THREAT INFORMATION SHARING. (a) Prioritization.--The Secretary of Homeland Security shall prioritize the assignment of officers and intelligence analysts under section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) from the Transportation Security Administration and, as appropriate, from the Office of Intelligence and Analysis of the Department of Homeland Security, to locations with participating State, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such assets, including by improving timely sharing of classified information regarding terrorist and other threats. (b) Intelligence Products.--Officers and intelligence analysts assigned to locations with participating State, local, and regional fusion centers under this section shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on terrorist and other threats to surface transportation assets that-- (1) assist State, local, and tribal law enforcement agencies in deploying their resources, including personnel, most efficiently to help detect, prevent, investigate, apprehend, and respond to terrorist and other threats; (2) promote more consistent and timely sharing of threat information among jurisdictions; and (3) enhance the Department of Homeland Security's situational awareness of such terrorist and other threats. (c) Clearances.--The Secretary of Homeland Security shall make available to appropriate owners and operators of surface transportation assets, and any other person that the Secretary determines appropriate to foster greater sharing of classified information relating to terrorist and other threats to surface transportation assets, the process of application for security clearances under Executive Order No. 13549 (75 Fed. Reg. 162; relating to a classified national security information program) or any successor Executive order. SEC. 4. INTEGRATED AND UNIFIED OPERATIONS CENTERS. (a) Framework.--Not later than 120 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration, in consultation with the heads of other appropriate offices or components of the Department of Homeland Security, shall make available to public and private sector stakeholders a framework for establishing an integrated and unified operations center responsible for overseeing daily operations of a transportation facility that promotes coordination for responses to terrorism, serious incidents, and other purposes, as determined appropriate by the Administrator. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding the establishment and activities of integrated and unified operations centers at transportation facilities at which the Transportation Security Administration has a presence. SEC. 5. LOCAL LAW ENFORCEMENT SECURITY TRAINING. (a) In General.--The Secretary of Homeland Security, in consultation with public and private sector stakeholders, may develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to terrorism and other serious incidents at a surface transportation asset. (b) Requirements.--If the Secretary of Homeland Security develops the training program described in subsection (a), such training program shall-- (1) be informed by current information regarding terrorist tactics; (2) include tactical instruction tailored to the diverse nature of the surface transportation asset operational environment; and (3) prioritize training officers from law enforcement agencies that are eligible for or receive grants under sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605) and officers employed by railroad carriers that operate passenger service, including interstate passenger service. Passed the House of Representatives March 22, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Strengthening Local Transportation Security Capabilities Act of 2018 (Sec. 3) This bill directs the Department of Homeland Security (DHS) to prioritize the assignment of officers and intelligence analysts from the Transportation Security Administration (TSA) and DHS's Office of Intelligence and Analysis, to locations with participating state, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such asset. A "surface transportation asset" includes facilities, equipment, or systems used to provide transportation services by: (1) a public transportation agency, (2) a railroad carrier, (3) an owner or operator of bus services or a bus terminal, or (4) other facilities as determined by DHS. Officers and intelligence analysts assigned to locations with participating state, local, and regional fusion centers shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on terrorist and other threats to surface transportation assets that: (1) assist state, local, and tribal law enforcement agencies in deploying their resources; (2) promote more consistent and timely sharing of threat information among jurisdictions; and (3) enhance DHS's situational awareness of such terrorist and other threats. (Sec. 4) The TSA shall: (1) make available to public and private sector stakeholders a framework for establishing an integrated and unified operations center responsible for overseeing daily operations of a transportation facility that promotes coordination for responses to terrorism, serious incidents, and other purposes; and (2) report to the House Committee on Homeland Security and the Senate Committee on Commerce, Science, and Transportation on operations centers at transportation facilities at which the TSA has a presence. (Sec. 5) DHS, may develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to terrorism and other serious incidents at a surface transportation asset."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Conservation Through Trees Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the utility sector is the largest single source of greenhouse gas emissions in the United States today, producing approximately one-third of the country's emissions; (2) heating and cooling homes accounts for nearly 60 percent of residential electricity usage in the United States; (3) shade trees planted in strategic locations can reduce residential cooling costs by as much as 30 percent; (4) shade trees have significant clean-air benefits associated with them; (5) every 100 healthy large trees removes about 300 pounds of air pollution (including particulate matter and ozone) and about 15 tons of carbon dioxide from the air each year; (6) tree cover on private property and on newly developed land has declined since the 1970s, even while emissions from transportation and industry have been rising; and (7) in over a dozen test cities across the United States, increasing urban tree cover has generated between two and five dollars in savings for every dollar invested in such tree planting. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Secretary'' refers to the Secretary of Energy. (2) The term ``retail power provider'' means any entity authorized under applicable State or Federal law to generate, distribute, or provide retail electricity, natural gas, or fuel oil service. (3) The term ``tree-planting organization'' means any nonprofit or not-for-profit group which exists, in whole or in part, to-- (A) expand urban and residential tree cover; (B) distribute young trees for planting; (C) increase awareness of the environmental and energy-related benefits of trees; (D) educate the public about proper tree planting, care, and maintenance strategies; or (E) carry out any combination of the foregoing activities. (4) The term ``tree-siting guidelines'' means a comprehensive list of science-based measurements outlining the species and minimum distance required between trees planted pursuant to this Act, in addition to the minimum required distance to be maintained between such trees and-- (A) building foundations; (B) air conditioning units; (C) driveways and walkways; (D) property fences; (E) preexisting utility infrastructure; (F) septic systems; (G) swimming pools; and (H) other infrastructure as deemed appropriate. SEC. 4. PURPOSES. The purpose of this Act is to establish a grant program to assist retail power providers with the establishment and operation of targeted residential tree-planting programs, for the following purposes: (1) Reducing the peak-load demand for electricity in residential areas during the summer months through direct shading of buildings provided by strategically planted trees. (2) Reducing wintertime demand for energy in residential areas by blocking cold winds from reaching homes, which lowers interior temperatures and drives heating demand. (3) Protecting public health by removing harmful pollution from the air. (4) Utilizing the natural photosynthetic and transpiration process of trees to lower ambient temperatures and absorb carbon dioxide, thus mitigating the effects of climate change. (5) Lowering electric bills for residential ratepayers by limiting electricity consumption without reducing benefits. (6) Relieving financial and demand pressure on retail power providers that stems from large peak-load energy demand. (7) Protecting water quality and public health by reducing stormwater runoff and keeping harmful pollutants from entering waterways. (8) Ensuring that trees are planted in locations that limit the amount of public money needed to maintain public and electric infrastructure. SEC. 5. GENERAL AUTHORITY. (a) Assistance.--The Secretary is authorized to provide financial, technical, and related assistance to retail power providers to assist with the establishment of new, or continued operation of existing, targeted residential tree-planting programs. (b) Public Recognition Initiative.--In carrying out the authority provided under this Act, the Secretary shall also create a national public recognition initiative to encourage participation in tree- planting programs by retail power providers. (c) Eligibility.--Only those programs which utilize targeted, strategic tree-siting guidelines to plant trees in relation to residence location, sunlight, and prevailing wind direction shall be eligible for assistance under this Act. (d) Requirements.--In order to qualify for assistance under this Act, a tree-planting program shall meet each of the following requirements: (1) The program shall provide free or discounted shade- providing or wind-reducing trees to residential consumers interested in lowering their home energy costs. (2) The program shall optimize the electricity-consumption reduction benefit of each tree by planting in strategic locations around a given residence. (3) The program shall either-- (A) provide maximum amounts of shade during summer intervals when residences are exposed to the most sun intensity; or (B) provide maximum amounts of wind protection during fall and winter intervals when residences are exposed to the most wind intensity. (4) The program shall use the best available science to create tree siting guidelines which dictate where the optimum tree species are best planted in locations that achieve maximum reductions in consumer energy demand while causing the least disruption to public infrastructure, considering overhead and underground facilities. (5) The program shall receive certification from the Secretary that it is designed to achieve the goals set forth in paragraphs (1) through (4). In designating criteria for such certification, the Secretary shall collaborate with the United States Forest Service's Urban and Community Forestry Program to ensure that certification requirements are consistent with such above goals. (e) New Program Funding Share.--The Secretary shall ensure that no less than 30 percent of the funds made available under this Act are distributed to retail power providers which-- (1) have not previously established or operated qualified tree-planting programs; (2) are operating qualified tree-planting programs which were established no more than three years prior to the date of enactment of this Act. SEC. 6. AGREEMENTS BETWEEN ELECTRICITY PROVIDERS AND TREE-PLANTING ORGANIZATIONS. (a) Grant Authorization.--In providing assistance under this Act, the Secretary is authorized to award grants only to retail power providers that have entered into binding legal agreements with nonprofit tree-planting organizations. (b) Conditions of Agreement.--Those agreements between retail power providers and tree-planting organizations shall set forth conditions under which nonprofit tree-planting organizations shall provide targeted residential tree-planting programs which may require these organizations to-- (1) participate in local technical advisory committees responsible for drafting general tree-siting guidelines and choosing the most effective species of trees to plant in given locations; (2) coordinate volunteer recruitment to assist with the physical act of planting trees in residential locations; (3) undertake public awareness campaigns to educate local residents about the benefits, cost savings, and availability of free shade trees; (4) establish education and information campaigns to encourage recipients to maintain their shade trees over the long term; (5) serve as the point of contact for existing and potential residential participants who have questions or concerns regarding the tree-planting program; (6) require tree recipients to sign agreements committing to voluntary stewardship and care of provided trees; (7) monitor and report on the survival, growth, overall health, and estimated energy savings of provided trees up until the end of their establishment period which shall be no less than five years; and (8) ensure that trees planted near existing power lines will not interfere with energized electricity distribution lines when mature, and that no new trees will be planted under or adjacent to high-voltage electric transmission lines without prior consultation with the applicable retail power provider receiving assistance under this Act. (c) Lack of Nonprofit Organization.--If qualified nonprofit or not- for-profit tree planting organizations do not exist or operate within areas served by retail power providers applying for assistance under this Act, the requirements of this section shall apply to binding legal agreements entered into by such retail power providers and one of the following entities-- (1) local municipal governments with jurisdiction over the urban or suburban forest; (2) the State Forester for the State in which the tree planting program will operate; or (3) the United States Forest Service's Urban and Community Forestry representative for the State in which the tree- planting program will operate. SEC. 7. TECHNICAL ADVISORY COMMITTEES. (a) Description.--In order to qualify for assistance under this Act, the retail power provider shall establish and consult with a local technical advisory committee which shall provide advice and consultation to the program, and may-- (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species and, where geographically appropriate, the use of native or low water-use shade trees or both; (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control; (3) ensure that tree recipients are educated to care for and maintain their trees over the long term; (4) help the public become more engaged and educated in the planting and care of shade trees; (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act. (b) Compensation.--Individuals serving on local technical advisory committees shall not receive compensation for their service. (c) Composition.--Local technical advisory committees shall be composed of representatives from public, private, and nongovernmental agencies with expertise in demand-side energy efficiency management, urban forestry, or arboriculture, and shall be composed of the following: (1) Up to 4 persons, but no less than one person, representing the retail power provider receiving assistance under this Act. (2) Up to 4 persons, but no less than one person, representing the local tree-planting organization which will partner with the retail power provider to carry out this Act. (3) Up to 3 persons representing local nonprofit conservation or environmental organizations. Preference shall be given to those entities which are organized under section 501(c)(3) of the Internal Revenue Code of 1986, and which have demonstrated expertise engaging the public in energy conservation, energy efficiency, or green building practices or a combination thereof, such that no single organization is represented by more than one individual under this subsection. (4) Up to 2 persons representing a local affordable housing agency, affordable housing builder, or community development corporation. (5) Up to 3, but no less than one, persons representing local city or county government for each municipality where a shade tree-planting program will take place; at least one of these representatives shall be the city or county forester, city or county arborist, or functional equivalent. (6) Up to one person representing the local government agency responsible for management of roads, sewers, and infrastructure, including but not limited to public works departments, transportation agencies, or equivalents. (7) Up to 2 persons representing the nursery and landscaping industry. (8) Up to 3 persons representing the research community or academia with expertise in natural resources or energy management issues. (d) Chairperson.--Each local technical advisory committee shall elect a chairperson to preside over Committee meetings, act as a liaison to governmental and other outside entities, and direct the general operation of the committee; only committee representatives from subsection (c)(1) or subsection (c)(2) of this section shall be eligible to act as local technical advisory committee chairpersons. (e) Credentials.--At least one of the members of each local technical advisory committee shall be certified with one or more of the following credentials: International Society of Arboriculture; Certified Arborist, ISA; Certified Arborist Municipal Specialist, ISA; Certified Arborist Utility Specialist, ISA; Board Certified Master Arborist; or Registered Landscape Architect recommended by the American Society of Landscape Architects. SEC. 8. COST-SHARE PROGRAM. (a) Federal Share.--The Federal share of support for projects funded under this Act shall not exceed 50 percent of the cost of such project and shall be provided on a matching basis. (b) Non-Federal Share.--The non-Federal share of such costs may be paid or contributed by any governmental or nongovernmental entity other than from funds derived directly or indirectly from an agency or instrumentality of the United States. SEC. 9. RULEMAKING. (a) Rulemaking Period.--The Secretary shall be authorized to solicit comments and initiate a rulemaking period that shall last no more than 6 months after the date of enactment of this Act. (b) Competitive Grant Rule.--At the conclusion of the rulemaking period under subsection (a), the Secretary shall promulgate a rule governing a public, competitive grants process through which retail power providers may apply for Federal support under this Act. SEC. 10. NONDUPLICITY. Nothing in this Act shall be construed to supersede, duplicate, cancel, or negate the programs or authorities provided under section 9 of the Cooperative Forestry Assistance Act of 1978 (92 Stat. 369; Public Law 95-313; 16 U.S.C. 2105). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are hereby authorized to be appropriated such sums as may be necessary for the implementation of this Act.", "summary": "Energy Conservation Through Trees Act - Authorizes the Secretary of Energy (DOE) to provide financial, technical, and related assistance to retail power providers to assist with the establishment of new, or continued operation of existing, targeted residential tree-planting programs. Requires the Secretary to create a national public recognition initiative to encourage participation in tree-planting programs by such providers. Limits assistance provided under this Act to programs that utilize targeted, strategic tree-siting guidelines to plant trees in relation to residence location, sunlight, and prevailing wind direction. Sets forth requirements that must be met for tree-planting programs to qualify for assistance. Authorizes the Secretary to award grants only to providers that have entered into binding legal agreements with nonprofit tree-planting organizations. Requires providers, in order to qualify for assistance, to establish and consult with a local technical advisory committee, which shall provide advice and consultation to the program, and which may: (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species, native or low water-use shade trees, or both; (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control; (3) ensure that tree recipients are educated to care for and maintain their trees over the long term; (4) help the public become more engaged and educated in the planting and care of shade trees; (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``Home Lead Safety Tax Credit Act of 2003''. (b) Findings.--Congress finds that: (1) Of the 98,000,000 housing units in the United States, 38,000,000 have lead-based paint. (2) Of the 38,000,000 housing units with lead-based paint, 25,000,000 pose a hazard, as defined by Environmental Protection Agency and Department of Housing and Urban Development standards, due to conditions such as peeling paint and settled dust on floors and windowsills that contain lead at levels above Federal safety standards. (3) Though the number of children in the United States ages 1 through 5 with blood levels higher than the Centers for Disease Control action level of 10 micrograms per deciliter has declined to 300,000, lead poisoning remains a serious, entirely preventable threat to a child's intelligence, behavior, and learning. (4) The Secretary of Health and Human Services has established a national goal of ending childhood lead poisoning by 2010. (5) Current Federal lead abatement programs, such as the Lead Hazard Control Grant Program of the Department of Housing and Urban Development, only have resources sufficient to make approximately 7,000 homes lead-safe each year. In many cases, when State and local public health departments identify a lead- poisoned child, resources are insufficient to reduce or eliminate the hazards. (6) Approximately 15 percent of children are lead-poisoned by home renovation projects performed by remodelers who fail to follow basic safeguards to control lead dust. (7) Old windows typically pose significant risks because wood trim is more likely to be painted with lead-based paint, moisture causes paint to deteriorate, and friction generates lead dust. The replacement of old windows that contain lead based paint significantly reduces lead poisoning hazards in addition to producing significant energy savings. (c) Purpose.--The purpose of this section is to encourage the safe removal of lead hazards from homes and thereby decrease the number of children who suffer reduced intelligence, learning difficulties, behavioral problems, and other health consequences due to lead- poisoning. SEC. 2. LEAD ABATEMENT TAX CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. HOME LEAD ABATEMENT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter an amount equal to 50 percent of the abatement cost paid or incurred by the taxpayer during the taxable year for each eligible dwelling unit of the taxpayer. ``(b) Limitation.--The amount of the credit allowed under subsection (a) for any eligible dwelling unit shall not exceed-- ``(1) $1,500, over ``(2) the aggregate cost taken into account under subsection (a) with respect to such unit for all preceding taxable years. ``(c) Definitions and Special Rules.--For purposes of this section: ``(1) Abatement cost.-- ``(A) In general.--The term `abatement cost' means, with respect to any eligible dwelling unit-- ``(i) the cost for a certified risk assessor to conduct an assessment to determine the presence of a lead-based paint hazard, ``(ii) the cost for a certified lead abatement supervisor to perform the removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of soil when lead-based paint hazards are present in such paint, dust, or soil, ``(iii) the cost for a certified lead abatement supervisor to perform all preparation, cleanup, disposal, and postabatement clearance testing activities associated with the activities described in clause (ii), and ``(iv) costs incurred by or on behalf of any occupant of such dwelling unit for any relocation which is necessary to achieve occupant protection (as defined under section 1345 of title 24, Code of Federal Regulations). ``(B) Limitation.--The term `abatement cost' does not include any cost to the extent such cost is funded by any grant, contract, or otherwise by another person (or any governmental agency). ``(2) Eligible dwelling unit.-- ``(A) In general.--The term `eligible dwelling unit' means any dwelling unit-- ``(i) placed in service before 1978, ``(ii) located in the United States, and ``(iii) determined by a certified risk assessor to have a lead-based paint hazard. ``(B) Dwelling unit.--The term `dwelling unit' has the meaning given such term by section 280A(f)(1). ``(3) Lead-based paint hazard.--The term `lead-based paint hazard' has the meaning given such term under part 745 of title 40, Code of Federal Regulations. ``(4) Certified lead abatement supervisor.--The term `certified lead abatement supervisor' means an individual certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(5) Certified inspector.--The term `certified inspector' means an inspector certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(6) Certified risk assessor.--The term `certified risk assessor' means a risk assessor certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(7) Documentation required for credit allowance.--No credit shall be allowed under subsection (a) with respect to any eligible dwelling unit unless-- ``(A) after lead abatement is complete, a certified inspector or certified risk assessor provides written documentation to the taxpayer that includes-- ``(i) a certification that the postabatement procedures (as defined by section 745.227 of title 40, Code of Federal Regulations) have been performed and that the unit does not contain lead dust hazards (as defined by section 745.227(e)(8)(viii) of title 40, Code of Federal Regulations), and ``(ii) documentation showing that the lead abatement meets the requirements of this section, and ``(B) the taxpayer files with the appropriate State agency-- ``(i) the documentation described in subparagraph (A), ``(ii) a receipt from the certified risk assessor documenting the costs of determining the presence of a lead-based paint hazard, ``(iii) a receipt from the certified lead abatement supervisor documenting the abatement cost (other than the costs described in paragraph (1)(A)(i)), and ``(iv) a statement indicating the age of the dwelling unit. ``(8) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(d) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under subpart A and sections 27, 29, 30, and 30A for the taxable year. ``(e) Carryforward Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the `unused credit year' in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. ``(2) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1).''. (b) Conforming Amendments.-- (1) Section 1016(a) is amended by striking ``and'' in paragraph (27), by striking the period and inserting ``, and'' in paragraph (28), and by inserting at the end the following new paragraph: ``(29) in the case of an eligible dwelling unit with respect to which a credit for lead abatement was allowed under section 30B, to the extent provided in section 30B(c)(8).''. (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Home lead abatement.''. (c) Effective Date.--The amendments made by this section shall apply to abatement costs incurred after December 31, 2003, in taxable years ending after that date.", "summary": "Home Lead Safety Tax Credit Act of 2003 - Amends the Internal Revenue Code to provide owners of residential properties built in the United States before 1978 with a tax credit for lead-based paint abatement costs performed by a certified lead abatement contractor (50 percent of the cost of the abatement, not to exceed $1,500 per dwelling unit)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Space Station Independent Safety Commission Act of 2004''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Commission'' means the Commission established under this Act; (2) the term ``ISS'' means the International Space Station; (3) the term ``NASA'' means the National Aeronautics and Space Administration; (4) the term ``NASA Administrator'' means the Administrator of NASA; and (5) the term ``NTSB'' means the National Transportation Safety Board. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--The President shall establish an independent, nonpartisan Commission within the executive branch to discover and assess any vulnerabilities of the International Space Station that could lead to its destruction, compromise the health of its crew, or necessitate its premature abandonment. (b) Deadline for Establishment.--The President shall issue an executive order establishing a Commission within 30 days after the date of enactment of this Act. SEC. 4. COMPOSITION OF COMMISSION. (a) Number of Commissioners.--The Commission shall consist of 15 members. (b) Selection.--The members of the Commission shall be chosen in the following manner: (1) The Chairman of the NTSB shall be a member of the Commission. (2) The President shall appoint the remaining 14 members, and shall designate the Chairman and Vice Chairman of the Commission from among its members. (3) Five of the 14 members appointed by the President shall be selected by the President in the following manner: (A) The majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the President of the collective- bargaining organization including the largest number of NASA engineers, shall each provide to the President a list of candidates for membership on the Commission. (B) The President shall select one of the candidates from each of the 5 lists for membership on the Commission. (4)(A) With the exception of the Chairman of the NTSB, no officer or employee of the Federal Government shall serve as a member of the Commission. (B) No member of the Commission shall have, or have pending, a contractual relationship with NASA. (C) The President may waive the prohibitions in subparagraphs (A) and (B) with respect to the selection of not more than 2 members of the Commission. (5) The President shall not appoint any individual as a member of the Commission who has a current or former relationship with the NASA Administrator that the President determines would constitute a conflict of interest. (6) To the extent practicable, the President shall ensure that the members of the Commission include some individuals with experience relative to human-carrying spacecraft, as well as some individuals with investigative experience and some individuals with legal experience. (7) To the extent practicable, the President shall seek diversity in the membership of the Commission. (c) Deadline for Appointment.--All members of the Commission shall be appointed no later than 60 days after issuance of the executive order establishing the Commission. (d) Initial Meeting.--The Commission shall meet and begin operations as soon as practicable. (e) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members. Eight members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 5. TASKS OF THE COMMISSION. The Commission shall, to the extent possible, undertake the following tasks: (1) Catalog threats to and vulnerabilities of the ISS, including design flaws, natural phenomena, computer software or hardware flaws, sabotage or terrorist attack, number of crewmembers, and inability to adequately deliver replacement parts and supplies, and management or procedural deficiencies. (2) Make recommendations for corrective actions. (3) Provide any additional findings or recommendations considered by the Commission to be important, whether or not they are related to ISS safety. (4) Prepare a report to Congress, the President, and the public. SEC. 6. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the Chairman and the Vice Chairman; or (II) by the affirmative vote of 8 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chairman or any member designated by a majority of the Commission, and may be served by any person designated by the Chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subparagraph (A), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of a failure of a witness to comply with a subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before a grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's tasks. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (3) NASA engineering and safety center.--The NASA Engineering and Safety Center shall provide data and technical support as requested by the Commission. (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS. (a) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under this Act. (b) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 8. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The Chairman, in consultation with Vice Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Employees of NASA shall not be appointed to the staff of the Commission. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission shall be considered employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) does not apply to members of the Commission. (b) Detailees.--Any Federal Government employee, except for an employee of NASA, may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. Any consultant or expert whose services are procured under this subsection shall disclose any contract or association it has with NASA or any NASA contractor. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 11. REPORTING REQUIREMENTS AND TERMINATION. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. (b) Final Report.--The Commission shall submit to the President and Congress, and make concurrently available to the public, a final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. Such report shall include any minority views or opinions not reflected in the majority report. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act with respect to the Commission, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. (d) National Academy of Sciences Review.--The NASA Administrator shall enter into an arrangement with the National Academy of Sciences for a review of compliance with the recommendations of the Commission. The National Academy of Sciences may consult with former members of the Commission as appropriate. The NASA Administrator shall transmit a report to the Congress containing the results of the review not later than 18 months after the date the final report of the Commission is submitted under section 11(b). SEC. 12. FUNDING. Such sums as are necessary to carry out this Act are authorized to be appropriated. Sums authorized by this Act shall remain available until the termination of the Commission.", "summary": "International Space Station Independent Safety Commission Act of 2004 - Directs the President to establish, an independent, non-partisan Commission within the executive branch to discover and assess any vulnerabilities of the International Space Station (ISS) that could lead to its destruction, compromise the health of its crew, or necessitate its premature abandonment. Provides for the Commission to consist of 15 members, including the Chairman of the National Transportation Safety Board. Prohibits: (1) any Commission member from having or having pending a contractual relationship with the National Aeronautics and Space Administration (NASA); and (2) the President from appointing any individual as a Commission member who has a current or former relationship with the Administrator of NASA that the President determines would constitute a conflict of interest. Instructs the Commission to undertake the following tasks: (1) catalog threats to and vulnerabilities of the ISS, including sabotage or terrorist attack; (2) make recommendations for corrective actions; and (3) provide any additional findings or recommendations considered by the Commission to be important, whether or not they are related to ISS safety. Sets forth the powers and other authorities of the Commission. Directs the NASA Engineering and Safety Center to provide data and technical support as requested by the Commission. Requires the appropriate Federal agencies or departments to cooperate with the Commission in expeditiously providing appropriate security clearances to the Commission members and staff. Prohibits any person from being provided access to classified information under this Act without the appropriate security clearances. Allows the Commission to submit interim reports containing findings, conclusions, and recommendations for corrective actions to the President and Congress. Terminates the Commission and all the authorities of this Act with respect to the Commission after the Commission's final report containing findings, conclusions, and recommendations for such actions is submitted to the President and Congress and made available to the public. Directs the NASA Administrator to enter into an arrangement with the National Academy of Sciences for a review of compliance with the Commission's recommendations and to transmit a report to Congress containing the results of such review."}
{"article": "SECTION 1. EXTENSION. (a) In General.--Chapter 5 of subtitle B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended by adding at the end the following new section: ``SEC. 260. TERMINATION OF AUTHORITY. ``The authority provided by this subtitle terminates on September 30, 2010.''. (b) Conforming Amendment and Extension.--Section 942 of the Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106-78) is amended by striking ``terminate on September 30, 2005'' and inserting ``(other than section 911 of subtitle A and the amendments made by that section) terminate on September 30, 2010''. SEC. 2. DEFINITIONS. (a) Base Market Hogs.--Section 231(4) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635i(4)) is amended to read as follows: ``(4) Base market hog.--The term `base market hog' means a barrow or gilt for which no discounts are subtracted from and no premiums are added to the base price.''. (b) Boars.--Section 231(5) of such Act (7 U.S.C. 1635i(5)) is amended to read as follows: ``(5) Boar.--The term `boar' means a sexually-intact male swine.''. (c) Packer of Sows and Boars.--Section 231(12) of such Act (7 U.S.C. 1635i(12)) is amended by-- (1) striking subparagraph (B) and inserting the following new subparagraph: ``(B) for any calendar year, the term includes only-- ``(i) a swine processing plant that slaughtered an average of at least 100,000 swine per year during the immediately preceding five calendar years; and ``(ii) a person that slaughtered an average of at least 200,000 sows, boars, or any combination thereof, per year during the immediately preceding five calendar years; and''; and (2) in subparagraph (C)-- (A) by inserting ``or person'' after ``swine processing plant''; (B) by inserting ``or person'' after ``plant capacity of the processing plant''; and (C) by inserting ``or person'' after ``determining whether the processing plant''. SEC. 3. REPORTING; BARROWS AND GILTS. Section 232(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635j(c)) is amended to read as follows: ``(c) Daily Reporting; Barrows and Gilts.-- ``(1) Prior day report.-- ``(A) In general.--The corporate officers or officially designated representatives of each packer processing plant that processes barrows or gilts shall report to the Secretary, for each business day of the packer, such information as the Secretary determines necessary and appropriate to-- ``(i) comply with the publication requirements of this section; and ``(ii) provide for the timely access to the information by producers, packers, and other market participants. ``(B) Reporting deadline and plants required to report.--A packer required to report under subparagraph (A) shall-- ``(i) not later than 7:00 a.m. Central Time on each reporting day, report information regarding all barrows and gilts purchased or priced, and ``(ii) not later than 9:00 a.m. Central Time on each reporting day, report information regarding all barrows and gilts slaughtered, during the prior business day of the packer. ``(C) Information required.--The information from the prior business day of a packer required under this paragraph shall include-- ``(i) all purchase data, including-- ``(I) the total number of-- ``(aa) barrows and gilts purchased; and ``(bb) barrows and gilts scheduled for delivery; and ``(II) the base price and purchase data for slaughtered barrows and gilts for which a price has been established; ``(ii) all slaughter data for the total number of barrows and gilts slaughtered, including-- ``(I) information concerning the net price, which shall be equal to the total amount paid by a packer to a producer (including all premiums, less all discounts) per hundred pounds of carcass weight of barrows and gilts delivered at the plant-- ``(aa) including any sum deducted from the price per hundredweight paid to a producer that reflects the repayment of a balance owed by the producer to the packer or the accumulation of a balance to later be repaid by the packer to the producer; and ``(bb) excluding any sum earlier paid to a producer that must later be repaid to the packer; ``(II) information concerning the average net price, which shall be equal to the quotient (stated per hundred pounds of carcass weight of barrows and gilts) obtained by dividing-- ``(aa) the total amount paid for the barrows and gilts slaughtered at a packing plant during the applicable reporting period, including all premiums and discounts, and including any sum deducted from the price per hundredweight paid to a producer that reflects the repayment of a balance owed by the producer to the packer, or the accumulation of a balance to later be repaid by the packer to the producer, less all discounts; by ``(bb) the total carcass weight (in hundred pound increments) of the barrows and gilts; ``(III) information concerning the lowest net price, which shall be equal to the lowest net price paid for a single lot or a group of barrows or gilts slaughtered at a packing plant during the applicable reporting period per hundred pounds of carcass weight of barrows and gilts; ``(IV) information concerning the highest net price, which shall be equal to the highest net price paid for a single lot or group of barrows or gilts slaughtered at a packing plant during the applicable reporting period per hundred pounds of carcass weight of barrows and gilts; ``(V) the average carcass weight, which shall be equal to the quotient obtained by dividing-- ``(aa) the total carcass weight of the barrows and gilts slaughtered at the packing plant during the applicable reporting period, by ``(bb) the number of the barrows and gilts described in item (aa), adjusted for special slaughter situations (such as skinning or foot removal), as the Secretary determines necessary to render comparable carcass weights; ``(VI) the average sort loss, which shall be equal to the average discount (in dollars per hundred pounds carcass weight) for barrows and gilts slaughtered during the applicable reporting period, resulting from the fact that the barrows and gilts did not fall within the individual packer's established carcass weight or lot variation range; ``(VII) the average backfat, which shall be equal to the average of the backfat thickness (in inches) measured between the third and fourth from the last ribs, 7 centimeters from the carcass split (or adjusted from the individual packer's measurement to that reference point using an adjustment made by the Secretary) of the barrows and gilts slaughtered during the applicable reporting period; ``(VIII) the average lean percentage, which shall be equal to the average percentage of the carcass weight comprised of lean meat for the barrows and gilts slaughtered during the applicable reporting period, except that when a packer is required to report the average lean percentage under this subclause, the packer shall make available to the Secretary the underlying data, applicable methodology and formulae, and supporting materials used to determine the average lean percentage, which the Secretary may convert to the carcass measurements or lean percentage of the barrows and gilts of the individual packer to correlate to a common percent lean measurement; and ``(IX) the total slaughter quantity, which shall be equal to the total number of barrows and gilts slaughtered during the applicable reporting period, including all types of purchases and barrows and gilts that qualify as packer-owned swine; and ``(iii) packer purchase commitments, which shall be equal to the number of barrows and gilts scheduled for delivery to a packer for slaughter for each of the next 14 calendar days. ``(D) Publication.-- ``(i) In general.--The Secretary shall publish the information obtained under this paragraph in a prior day report-- ``(I) in the case of information regarding barrows and gilts purchased or priced, not later than 8:00 a.m. Central Time, and ``(II) in the case of information regarding barrows and gilts slaughtered, not later than 10:00 a.m. Central Time, on the reporting day on which the information is received from the packer. ``(ii) Price distributions.--The information published by the Secretary under clause (i) shall include a distribution of net prices in the range between and including the lowest net price and the highest net price reported. The publication shall include a delineation of the number of barrows and gilts at each reported price level or, at the option of the Secretary, the number of barrows and gilts within each of a series of reasonable price bands within the range of prices. ``(2) Morning report.-- ``(A) In general.--The corporate officers or officially designated representatives of each packer processing plant that processes barrows or gilts shall report to the Secretary not later than 10:00 a.m. Central Time each reporting day-- ``(i) the packer's best estimate of the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase; ``(ii) the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, purchased up to that time of the reporting day through each type of purchase; ``(iii) the base price paid for all base market hogs purchased up to that time of the reporting day through negotiated purchases; and ``(iv) the base price paid for all base market hogs purchased through each type of purchase other than negotiated purchase up to that time of the reporting day, unless such information is unavailable due to pricing that is determined on a delayed basis. ``(B) Publication.--The Secretary shall publish the information obtained under this paragraph in the morning report as soon as practicable, but not later than 11:00 a.m. Central Time, on each reporting day. ``(3) Afternoon report.-- ``(A) In general.--The corporate officers or officially designated representatives of each packer processing plant that processes barrows or gilts shall report to the Secretary not later than 2:00 p.m. Central Time each reporting day-- ``(i) the packer's best estimate of the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase; ``(ii) the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, purchased up to that time of the reporting day through each type of purchase; ``(iii) the base price paid for all base market hogs purchased up to that time of the reporting day through negotiated purchases; and ``(iv) the base price paid for all base market hogs purchased up to that time of the reporting day through each type of purchase other than negotiated purchase, unless such information is unavailable due to pricing that is determined on a delayed basis. ``(B) Publication.--The Secretary shall publish the information obtained under this paragraph in the afternoon report as soon as practicable, but not later than 3:00 p.m. Central Time, on each reporting day.''. SEC. 4. REPORTING; SOWS AND BOARS. Section 232 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635j) is amended by-- (1) redesignating subsection (d) as subsection (e); and (2) inserting after subsection (c) the following new subsection: ``(d) Daily Reporting; Sows and Boars.-- ``(1) Prior day report.--The corporate officers or officially designated representatives of each packer of sows and boars shall report to the Secretary, for each business day of the packer, such information reported by hog class as the Secretary determines necessary and appropriate to-- ``(A) comply with the publication requirements of this section; and ``(B) provide for the timely access to the information by producers, packers, and other market participants. ``(2) Reporting.--Not later than 9:30 a.m. Central Time, or such other time as the Secretary considers appropriate, on each reporting day, a packer required to report under paragraph (1) shall report information regarding all sows and boars purchased or priced during the prior business day of the packer. ``(3) Information required.--The information from the prior business day of a packer required under this subsection shall include all purchase data, including-- ``(A) the total number of sows purchased and the total number of boars purchased, each divided into at least three reasonable and meaningful weight classes specified by the Secretary; ``(B) the number of sows that qualify as packer-owned swine; ``(C) the number of boars that qualify as packer-owned swine; ``(D) the average price paid for all sows; ``(E) the average price paid for all boars; ``(F) the average price paid for sows in each weight class specified by the Secretary under subparagraph (A); ``(G) the average price paid for boars in each weight class specified by the Secretary under subparagraph (A); ``(H) the number of sows and the number of boars for which prices are determined, by each type of purchase; ``(I) the average prices for sows and the average prices for boars for which prices are determined, by each type of purchase; and ``(J) such other information as the Secretary considers appropriate to carry out this subsection. ``(4) Price calculations without packer-owned swine.--A packer shall omit the prices of sows and boars that qualify as packer- owned swine from all average price calculations, price range calculations, and reports required by this subsection. ``(5) Reporting exception: public auction purchases.--The information required to be reported under this subsection shall not include purchases of sows or boars made by agents of the reporting packer at a public auction at which the title of the sows and boars is transferred directly from the producer to such packer. ``(6) Publication.--The Secretary shall publish the information obtained under this paragraph in a prior day report not later than 11:00 a.m. Central Time on the reporting day on which the information is received from the packer. ``(7) Electronic submission of information.--The Secretary of Agriculture shall provide for the electronic submission of any information required to be reported under this subsection through an Internet website or equivalent electronic means maintained by the Department of Agriculture.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Amends the Agricultural Marketing Act of 1946 to extend the provisions of the Livestock Mandatory Price Reporting Act of 1999 through September 30, 2010. Amends swine price reporting provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Family Business Preservation Act''. SEC. 2. REDUCED ESTATE TAX RATE ON FAMILY-OWNED BUSINESS INTERESTS. (a) In General.--Part I of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by adding at the end the following new section: ``SEC. 2003. REDUCED RATE ON FAMILY-OWNED BUSINESS INTERESTS. ``(a) In General.--In the case of an estate of a decedent to which this section applies, the tax imposed by section 2001 shall not exceed the sum of-- ``(1) a tax computed at the rates and in the manner as if this section had not been enacted on the greater of-- ``(A) the sum described in section 2001(c)(1) reduced by the qualified family-owned business interests, or ``(B) the sum (if any) described in section 2001(c)(1) taxed at a rate below the applicable rate, plus ``(2) a tax equal to the applicable rate of the portion of the taxable estate in excess of the amount determined under paragraph (1). ``(b) Estates to Which Section Applies.--This section shall apply to an estate if-- ``(1) the decedent was (at the date of his or her death) a citizen of the United States, ``(2) the sum of-- ``(A) the value of the qualified family-owned business interests which are included in determining the gross estate and which are acquired from or passed from the decedent to a qualified heir of the decedent, and ``(B) the amount (taken into account under subsection 2001(b)(1)(B)) of the adjusted taxable gifts of such interests to members of the decedent's family, exceeds 50 percent of the adjusted gross estate, and ``(3) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(A) such interests were owned by the decedent or a member of the decedent's family, and ``(B) there was material participation by the decedent or a member of the decedent's family in the operation of the business to which such interests relate. ``(c) Applicable Rate.--For purposes of this section, the applicable rate is-- ``(1) 15 percent if the requirement of subsection (b)(3)(B) is met by a member of the decedent's family, and ``(2) 20 percent in any other case. ``(d) Qualified Family-Owned Business Interest.-- ``(1) In general.--For purposes of this section, the term `qualified family-owned business interest' means-- ``(A) an interest as a proprietor in a trade or business carried on as a proprietorship; ``(B) an interest as a partner in a partnership carrying on a trade or business, if such partnership had 15 or fewer partners; or ``(C) stock in a corporation carrying on a trade or business if such corporation had not more than the number of shareholders specified in section 1361(b)(1)(A). Such term shall not include any interest which is readily tradable on an established securities market or otherwise. ``(2) Rules for applying paragraph (1).--For purposes of paragraph (1), rules similar to the rules of paragraphs (2), (3), (4), and (6) of section 6166(b) shall apply. ``(e) Recapture of Tax Benefit if Interests Not Held for 10 Years.-- ``(1) In general.--If-- ``(A) during the 10-year period beginning on the date of death of the decedent-- ``(i)(I) any portion of a qualified family- owned business interest is distributed, sold, exchanged, or otherwise disposed of, or ``(II) money and other property attributable to such an interest is withdrawn from such trade or business, and ``(B) the aggregate of such distributions, sales, exchanges, or other dispositions and withdrawals equals or exceeds 20 percent of the value of such interest, or there is hereby imposed an additional estate tax. ``(2) Additional estate tax.-- ``(A) In general.--The amount of the additional estate tax imposed by paragraph (1) shall be the applicable percentage of the excess of what would have been the estate tax liability but for subsection (a) over the adjusted estate tax liability. ``(B) Applicable percentage.--For purposes of subparagraph (A), the term `applicable percentage' means 100 percent reduced (but not below zero) by the product of-- ``(i) 10 percentage points, and ``(ii) the number of years (if any) after the date of the decedent's death which the year during which the additional estate tax is imposed by paragraph (1) is after the 1st year after the date of the decedent's death. ``(C) Adjusted estate tax liability.--For purposes of subparagraph (A), the term `adjusted estate tax liability' means the estate tax liability increased by the amount (if any) of any prior additional estate tax imposed by subsection (f). ``(D) Estate tax liability.--For purposes of this paragraph, the term `estate tax liability' means the tax imposed by section 2001 reduced by the credits allowable against such tax. ``(3) Certain rules to apply.--For purposes of this subsection, rules similar to the rules of subparagraphs (B), (C), and (D) of section 6166(g)(1) shall apply. ``(f) Recapture of Portion of Tax Benefit if Heirs Cease to Materially Participate During 10 Years After Death.-- ``(1) In general.--If-- ``(A) the applicable rate which applied under subsection (a) to the estate of the decedent was 15 percent, ``(B) at any time during the 10-year period beginning on the date of death of the decedent, no qualified heir materially participates in the operation of the business to which the qualified family-owned business interests relate, and ``(C) there is no recapture under subsection (e) on or before the earliest date during such 10-year period that no qualified heir so materially participated, there is hereby imposed an additional estate tax. ``(2) Additional estate tax.--The amount of the additional estate tax imposed by paragraph (1) shall be the applicable percentage of the excess of what would have been the estate tax liability but for subsection (c)(1) over the estate tax liability. ``(3) Definitions.--For purposes of paragraph (2), the terms `applicable percentage' and `estate tax liability' have the meanings given to such terms by subsection (e). ``(g) Other Definitions.--For purposes of this section, the terms `qualified heir' and `member of the family' have the meanings given to such terms by section 2032A(e).'' (b) Clerical Amendment.--The table of sections for part I of subchapter A of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2003. Reduced rate on family-owned business interests.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this section. SEC. 3. LIMITATION ON 4 PERCENT RATE OF INTEREST ON ESTATE TAX EXTENDED UNDER SECTION 6166 NOT TO APPLY TO ESTATE TAX ATTRIBUTABLE TO QUALIFIED FAMILY-OWNED BUSINESS INTERESTS. (a) In General.--Paragraph (2) of section 6601(j) of the Internal Revenue Code of 1986 (relating to 4-percent portion) is amended by adding at the end the following new flush sentence: ``Subparagraph (B) shall not take into account the amount of the tax imposed by chapter 11 which is attributable to qualified family-owned business interests (as defined in section 2003(b)) unless an election is in effect under section 2032A with respect to the estate.''. (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying after the date of the enactment of this section. SEC. 4. EXTENSION OF ALTERNATE VALUATION DATE TO 40 MONTHS WITH RESPECT TO ESTATE CONSISTING LARGELY OF QUALIFIED FAMILY-OWNED BUSINESS INTERESTS. (a) In General.--Section 2032 of the Internal Revenue Code of 1986 (relating to alternate valuation) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Estates Largely Consisting of Qualified Family-Owned Business Interests.--In the case of an estate to which section 2003 applies-- ``(1) subsection (a) shall be applied by substituting `40 months' for `6 months' each place it appears, and ``(2) section 6075(a) (relating to time for filing estate tax return) shall be applied by substituting `43 months' for `9 months'.'' (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying after the date of the enactment of this section. SEC. 5. INCREASE IN GIFT TAX EXCLUSION. (a) In General.--Subsection (b) of section 2503 of the Internal Revenue Code of 1986 (relating to taxable gifts) is amended by adding at the end the following new sentence: ``In the case of gifts made during a calendar year by a donor to ancestors or lineal descendents of the donor, the aggregate amount of such gifts which are not included in the total amount of gifts by reason of this subsection shall not be less than 15 percent of the donor's earned income (as defined in section 32(c)(2)) for the taxable year ending with or within such calendar year.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to gifts made in calendar years beginning after the date of the enactment of this section. SEC. 6. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS. (a) Estate Tax Credit.-- (1) Subsection (a) of section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended by striking ``$192,800'' and inserting ``the applicable credit amount''. (2) Section 2010 of such Code is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Applicable Credit Amount.--For purposes of this section-- ``(1) In general.--The applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were $600,000. ``(2) Cost-of-living adjustments.--In the case of any decedent dying in a calendar year after December 31, 1995, the $600,000 amount set forth in paragraph (1) shall be increased by an amount equal to-- ``(A) $600,000, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000.'' (3) Paragraph (1) of section 6018(a) of such Code is amended by striking ``$600,000'' and inserting ``$600,000 (adjusted as provided in section 2010(c)(2)''. (b) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) of such Code is amended by striking ``$192,800'' and inserting ``the applicable credit amount in effect under section 2010(c) for such calendar year''. (c) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 1995.", "summary": "American Family Business Preservation Act - Amends the Internal Revenue Code to reduce the rate of estate tax on certain family-owned businesses. Provides for a recapture of tax benefits if the business is not held for at least ten years by the heirs or the heirs do not materially participate during such ten years. Provides that the limitation on the four percent rate of interest on estate tax extended for estates consisting largely of a closely held business is not applicable to estate tax attributable to qualified family-owned business interests. Extends the alternate valuation date from six months to 40 months for estates consisting largely of qualified family-owned business interests. Increases the tax exclusion for gifts to ancestors or descendants. Increases the unified estate and gift tax credits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Amtrak Reauthorization Act of 2002''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 24104 of title 49, United States Code, is amended to read as follows: ``Sec. 24104. Authorization of appropriations ``(a) Capital Expenses.-- ``(1) Authorization.--There are authorized to be appropriated to the Secretary of Transportation, for the benefit of Amtrak, $800,000,000 for fiscal year 2003 for capital expenditures. ``(2) Payment to amtrak.-- ``(A) New capital projects.--The Secretary shall make payments to Amtrak of amounts authorized under paragraph (1) for capital projects not begun before the date of the enactment of the Amtrak Reauthorization Act of 2002 only if the Secretary has received, either in an annual work plan or a supplement thereto, a description of the work to be funded, a work timetable, cost estimates, and a list of other funding sources if the project is not entirely funded by the Federal Government, with an identification for each project as to which business unit described in subsection (e)(1) it is associated with. The Secretary shall determine, within 30 days after receiving a work plan or supplement, whether each of the capital projects proposed is sufficiently justified. To the extent that the Secretary determines that a project is justified, the Secretary shall make payments under this subparagraph within 30 days after receipt from Amtrak of a request for funds for the project. ``(B) Ongoing capital projects.--In the case of capital projects begun before the date of the enactment of the Amtrak Reauthorization Act of 2002, Amtrak shall transmit to the Secretary within 180 days after such date of enactment a description of the work funded, a work timetable, cost estimates, and a list of other funding sources if the project is not entirely funded by the Federal Government. The Secretary shall determine, within 30 days after receiving a description of the work funded, whether each of the capital projects proposed is sufficiently justified. To the extent that the Secretary determines that a project is justified, the Secretary shall make payments under this subparagraph within 30 days after receipt from Amtrak of a request for funds for the project. The Secretary shall not provide any further funding for a project until the Secretary receives a description required under this subparagraph. ``(3) Project oversight.-- ``(A) Notice of changes.--If the scope, timetable, or cost of a project funded under paragraph (2) substantially changes, Amtrak shall notify the Secretary within 30 days after Amtrak learns of the change. ``(B) Oversight.--The Secretary shall conduct oversight activities, including inspections as necessary, to ensure appropriate progress of projects funded under paragraph (2). ``(b) Operating Expenses.-- ``(1) Authorization.--There are authorized to be appropriated to the Secretary, for the benefit of Amtrak, $200,000,000 for fiscal year 2003 for operating expenditures. ``(2) Payment to amtrak.--The Secretary shall make payments to Amtrak of amounts authorized under paragraph (1) as follows: ``(A) 50 percent on October 1. ``(B) 25 percent on January 1. ``(C) 25 percent on April 1. Payments under this paragraph may only be made after 30 days have expired after receipt by the Secretary of all documents due under subsection (e). ``(c) Excess RRTA.-- ``(1) Authorization.--There are authorized to be appropriated to the Secretary, for payment to the Treasury by the Secretary on behalf of Amtrak, for fiscal year 2003 an amount equal to the amount Amtrak is required to pay under section 3221 of the Internal Revenue Code of 1986 that is more than the amount needed for anticipated benefits for individuals who retire from Amtrak and for their beneficiaries. ``(2) Request for transfer of funds.--The Secretary shall make payments to the Treasury of amounts authorized under paragraph (1) only after the Secretary has received from Amtrak a request for the transfer of such funds, which shall include materials supporting, to the satisfaction of the Secretary, the amount of the request. ``(d) Rail Security.--In addition to amounts authorized under subsections (a), (b), and (c), there are authorized to be appropriated to the Secretary of Transportation for fiscal year 2003-- ``(1) $375,000,000 for grants to finance the cost of enhancements to the security and safety of Amtrak intercity rail passenger service; and ``(2) $400,000,000 for grants for life safety improvements to 6 New York Amtrak tunnels built in 1910, the Baltimore & Potomac Amtrak tunnel built in 1872, and the Washington, D.C. Union Station Amtrak tunnels built in 1904 under the Supreme Court and House and Senate Office Buildings. ``(e) Annual Business Plan and Quarterly Assessments.-- ``(1) Business plan.--Not later than September 1, 2002, Amtrak shall transmit to the Secretary a comprehensive business plan for fiscal year 2003, including targets for ridership, revenues, and capital and operating expenses. The plan shall include a separate accounting of such targets for each of the following business units: ``(A) Northeast Corridor. ``(B) Autotrain. ``(C) Amtrak West. ``(D) Each other long-distance intercity train route, accounted for separately. ``(E) Contract Operations. ``(F) Mail and Express. ``(G) Corporate. ``(2) Quarterly assessments.--Not later than 30 days before the beginning of each fiscal quarter, Amtrak shall transmit to the Secretary-- ``(A) an assessment of the extent to which each goal identified in the plan transmitted under paragraph (1) has been achieved; ``(B) an explanation of any failure to achieve such a goal; and ``(C) a description of any deviation from the business plan. The assessment required under subparagraph (A) shall be prepared by an outside financial consultant, which shall not be an entity that has assisted Amtrak in the preparation of a business plan under paragraph (1). ``(3) Certification.--The President of Amtrak shall certify each business plan and quarterly assessment transmitted under this subsection, and any other document required by this section to be transmitted to the Secretary. ``(f) Availability of Amounts and Early Appropriations.--(1) Amounts appropriated under this section remain available until expended. ``(2) Amounts for capital acquisitions and improvements may be appropriated in a fiscal year before the fiscal year in which the amounts will be obligated. ``(g) Limitations on Use.--Amounts appropriated under this section may not be used to subsidize operating losses of commuter rail passenger or rail freight transportation.''.", "summary": "Amtrak Reauthorization Act of 2002 - Authorizes appropriations for Amtrak for FY 2003 for: (1) capital expenditures; (2) operating expenses; (3) payment to the Treasury in an amount equal to the tax Amtrak must pay as an employer under the Railroad Retirement Tax Act that is more than the amount needed for anticipated benefits for Amtrak retirees and for their beneficiaries; and (4) certain rail security projects.Requires Amtrak to transmit to the Secretary of Transportation a comprehensive business plan, including targets for ridership, revenues, and capital and operating expenses, and quarterly assessments of the extent to which the business plan goals have been achieved."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``Joseph Moakley Memorial Fire Safe Cigarette Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Cigarette ignited fires are the leading cause of fire deaths in the United States. (2) In 1998 there were 903 deaths from cigarette ignited fires, 2,453 civilian injuries from such fires, and $411,700,000 in property damage caused by such fires. (3) Nearly 100 children are killed each year from cigarette related fires. (4) The results accomplished under the Cigarette Safety Act of 1984 and the Fire Safe Cigarette Act of 1990 complete the necessary technical work for a cigarette fire safety standard. (5) It is appropriate for Congress to require by law the establishment of a cigarette fire safety standard for the manufacture and importation of cigarettes. (6) A recent study by the Consumer Product Safety Commission found that the cost of the loss of human life and personal property from not having a cigarette fire safety standard is $4,600,000,000 a year. (7) It is appropriate that the regulatory expertise of the Consumer Product Safety Commission be used to implement a cigarette fire safety standard. SEC. 3. CIGARETTE FIRE SAFETY STANDARD. (a) In General.-- (1) Requirement for standard.--Not later than 18 months after the date of the enactment of this Act, the Commission shall, by rule, prescribe one or more fire safety standards for cigarettes to reduce the risk of ignition presented by cigarettes. (2) General test requirements.-- (A) Testing methodology.--Except as provided in paragraph (3), in establishing standards under paragraph (1), the Commission shall use the testing methodology for determining the ignition propensity of cigarettes referred to in ``Relative Ignition Propensity of Test Market Cigarettes--National Institute of Standards and Technology--NIST Technical Note 1436, January, 2001--Appendix D: Cigarette Extinction Method'', together with any requirements specified in this paragraph. (B) Additional requirement.--Testing shall be conducted on 10 layers of filter paper, as described in the testing methodology referred to in subparagraph (A). (C) Complete test trial.--Forty replicate tests shall be required to comprise a complete test trial for each cigarette tested. Test results and the application of an acceptance criterion shall be derived only for complete test trials comprised of 40 replicate tests. (D) Test failure.--A test failure shall consist of more than 25 percent of the cigarettes tested in a test trial failing to self-extinguish before burning the full length of the tobacco column. (3) Cigarettes with unique characteristics.--In establishing standards under paragraph (1) with respect to a cigarette that cannot be tested using the testing methodology referred to in paragraph (2) because of unique or nontraditional characteristics, the Commission shall accept a testing methodology and acceptance criterion that are proposed by the manufacturer or manufacturers of the cigarette if the Commission, after review of the application of the proposed testing methodology and acceptance criterion, determines that the cigarette has an ignition propensity equivalent to or less than cigarettes that pass the acceptance criterion referred to in paragraph (2). (4) Cigarette paper.--In addition to establishing standards under paragraph (1), the Commission may also regulate the ignition propensity of cigarette paper for roll-your-own tobacco products. (5) Exercise of authority.--If the Commission does not prescribe the standard required by paragraph (1) within the time specified in that paragraph, paragraph (1) shall continue to apply, and the provisions of paragraph (2) shall be in effect as a consumer product safety standard under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) until the Commission prescribes the standard under paragraph (1). (b) Stockpiling.-- (1) In general.--The Commission shall include in the rule prescribed under subsection (a) a prohibition on the stockpiling of cigarettes to which the fire safety standards in the rule will apply. (2) Stockpiling defined.--In this subsection, the term ``stockpiling'', in the case of a cigarette to which a standard under subsection (a) will apply, means the manufacturing or importing of the cigarette, between the date the standard is issued and the date the standard takes effect, at a rate greater than the rate the cigarette was manufactured or imported during the one-year period ending on the date the standard is issued. (c) Procedure.-- (1) In general.--The rule under subsection (a), and any modification thereof, shall be prescribed in accordance with the provisions of section 553 of title 5, United States Code. (2) Modifications.-- (A) Modification by sponsor.--If the sponsor of the testing methodology under subsection (a)(2) modifies the testing methodology in any material respect, the sponsor shall notify the Commission of the modification, and the Commission may incorporate the modification in the rule prescribed under subsection (a) if the Commission determines that the modification will enhance a fire safety standard established under subsection (a)(2). (B) Modification by commission.--The Commission may modify the rule prescribed under subsection (a), including the test requirements specified in subsection (a)(2), in whole or in part, if the Commission determines that compliance with such modification is technically feasible and will enhance a fire safety standard established under that subsection. Any such modification shall not take effect earlier than 3 years after the date on which the rule is first issued. (3) Inapplicability of certain laws.--No Federal law, or any Executive order, other than the rulemaking and review provisions of title 5, United States Code, that are commonly referred to as the Administrative Procedures Act, may be construed to apply to the promulgation of the rule required by subsection (a), or the modification of the rule under paragraph (2), including the following: (A) The Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (B) Chapter 6 of title 5, United States Code. (C) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (D) The Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), and the amendments made by that Act. (d) Effective Date.--The Commission shall specify in the rule prescribed under subsection (a) the effective date of the rule. The effective date may not be later than 30 months after the date of the enactment of this Act. (e) Treatment of Standard.-- (1) In general.--The fire safety standard promulgated under subsection (a) shall be treated as a consumer product safety standard promulgated under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (2) Treatment of cigarettes.--A cigarette shall be treated as a consumer product under section 3(a)(1)(B) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)(B)) for purposes of implementing and enforcing compliance with this Act and the standard promulgated under this Act, including for purposes of sections 17 and 18 of the Consumer Product Safety Act (15 U.S.C. 2066, 2067). SEC. 4. PREEMPTION. (a) In General.--This Act, and any cigarette fire safety standard established under section 3, may not be construed to preempt or otherwise affect in any way any law or regulation of a State or political subdivision thereof which prescribes a fire safety standard for cigarettes which is more stringent than a fire safety standard established under section 3. (b) Private Remedies.--The provisions of section 25 of the Consumer Product Safety Act (15 U.S.C. 2074) shall apply with respect to the fire safety standard promulgated under subsection (a). SEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT SAFETY COMMISSION. Except as otherwise provided in this Act, the Commission shall have no jurisdiction over tobacco or tobacco products. SEC. 6. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (2) Cigarette.--The term ``cigarette'' has the meaning given that term in section 3(1) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1332(1)). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is hereby authorized to be appropriated to the Consumer Product Safety Commission for fiscal year 2002, $2,000,000 for purposes of carrying out this Act. (b) Availability.--Amounts authorized to be appropriated by subsection (a) shall remain available until expended.", "summary": "Joseph Moakley Memorial Fire Safe Cigarette Act of 2002 - Directs the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes to reduce the risk of ignition presented by cigarettes (including a proscription against the stockpiling of cigarettes to which the fire safety standards will apply).Sets forth general test requirements.Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``NEPA Reciprocity Act''. SEC. 2. USE OF ALTERNATIVE ENVIRONMENTAL REVIEW AND APPROVAL PROCEDURES UNDER STATE LAWS FOR RAIL AND HIGHWAY PROJECTS. (a) Establishment.-- (1) In general.--The Secretary shall establish a program to eliminate duplicative environmental reviews and approvals under State and Federal law of projects. Under this program, a State may use State laws and procedures to conduct reviews and make approvals in lieu of Federal environmental laws and regulations, consistent with the provisions of this section. (2) Participating states.--All States are eligible to participate in the program. (3) Scope of alternative review and approval procedures.-- For purposes of this section, alternative environmental review and approval procedures may include one or more of the following: (A) Substitution of one or more State environmental laws for one or more Federal environmental laws, if the Secretary determines in accordance with this section that the State environmental laws provide environmental protection and opportunities for public involvement that are substantially equivalent to the applicable Federal environmental laws. (B) Substitution of one or more State regulations for Federal regulations implementing one or more Federal environmental laws, if the Secretary determines in accordance with this section that the State regulations provide environmental protection and opportunities for public involvement that are substantially equivalent to the Federal regulations. (b) Application.--To participate in the program, a State shall submit to the Secretary an application containing such information as the Secretary may require, including-- (1) a full and complete description of the proposed alternative environmental review and approval procedures of the State; (2) for each State law or regulation included in the proposed alternative environmental review and approval procedures of the State, an explanation of the basis for concluding that the law or regulation meets the requirements under subsection (a)(3); and (3) evidence of having sought, received, and addressed comments on the proposed application from the public and appropriate Federal environmental resource agencies. (c) Review of Application.--The Secretary shall-- (1) review an application submitted under subsection (b); (2) approve or disapprove the application in accordance with subsection (d) not later than 90 days after the date of the receipt of the application; and (3) transmit to the State notice of the approval or disapproval, together with a statement of the reasons for the approval or disapproval. (d) Approval of State Programs.-- (1) In general.--The Secretary shall approve each such application if the Secretary finds that the proposed alternative environmental review and approval procedures of the State are substantially equivalent to the applicable Federal environmental laws and Federal regulations. (2) Exclusion.--The National Environmental Policy Act of 1969 and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not apply to any decision by the Secretary to approve or disapprove any application submitted pursuant to this section. (e) Compliance With Permits.--Compliance with a permit or other approval of a project issued pursuant to a program approved by the Secretary under this section shall be considered compliance with the Federal laws and regulations identified in the program approved by the Secretary pursuant to this section. (f) Review and Termination.-- (1) Review.--All State alternative environmental review and approval procedures approved under this section shall be reviewed by the Secretary not less than once every 5 years. (2) Public notice and comment.--In conducting the review process under paragraph (1), the Secretary shall provide notice and an opportunity for public comment. (3) Extensions and terminations.--At the conclusion of the review process, the Secretary may extend the State alternative environmental review and approval procedures for an additional 5-year period or terminate the State program. (g) Report to Congress.--Not later than 2 years after the date of enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report that describes the administration of the program. (h) Definitions.--For purposes of this section: (1) Environmental law.--The term ``environmental law'' includes any law that provides procedural or substantive protection, as applicable, for the natural or built environment with regard to the construction and operation of projects. (2) Federal environmental laws.--The term ``Federal environmental laws'' means laws governing the review of environmental impacts of, and issuance of permits and other approvals for, the construction and operation of projects, including section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), section 106 of the National Historic Preservation Act (16 U.S.C. 470f), and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2), 1538(a)(1)(B), 1539(a)(1)(B)). (3) Project.--The term ``project'' means any project eligible for federal assistance under title 23, subtitle V of title 49, or chapter 53 of title 49 of the United States Code, or involves the participation of more than one Department of Transportation modal administration or secretarial office.", "summary": "NEPA Reciprocity Act Directs the Secretary of Transportation to establish a program to eliminate duplicative environmental reviews and approvals under state and federal law for rail and highway transportation projects. Authorizes a state to use state environmental review and approval laws and procedures, consistent with certain requirements, in lieu of federal environmental laws and regulations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Commissions Act of 2004''. SEC. 2. USE OF MILITARY COMMISSIONS FOR OFFENSES UNDER LAW OF WAR OR IN FURTHERANCE OF TERRORISM. (a) In General.--Subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 935 (article 135) the following new section: ``Sec. 935a. Art. 135a. Military commissions for offenses against the law of war or in furtherance of terrorism ``(a) A military commission covered by this section may be appointed only by the President or a person designated by the President for such purpose. ``(b) A military commission appointed under subsection (a) may try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of terrorism. ``(c) A military commission shall consist of not less than three members and not more than seven members. However, in a case in which the accused may be sentenced to a penalty of death, the commission shall consist of seven members. The commission may also include not more than two alternate members. Each member and alternate member shall be a commissioned officer of the armed forces. ``(d) A military commission shall have a presiding officer, who shall be appointed from among the members. The presiding officer shall be a judge advocate and shall preside over the proceedings of the commission to ensure a full, fair, and expeditious trial. The presiding officer shall rule upon all questions of law and all interlocutory questions arising during the proceedings. A majority of the members may overrule the presiding officer on any ruling that excludes evidence on the merits. ``(e) Trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial under section 827 (article 27). ``(f) Members of a military commission shall deliberate and vote in closed conference. Voting on the findings and on the sentence shall be by secret written ballot. ``(g) A military commission covered by this section may not find a person guilty of an offense, and may not determine a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken. The commission may not sentence a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence. ``(h) A military commission may, under such limitations as the President may prescribe, adjudge any punishment permitted by the law of war, including death, imprisonment for life or for any lesser term, payment of a fine or restitution, or such other lawful punishment or punishments as the commission shall determine to be proper. The sentence of death may be adjudged only if the accused has been found guilty of spying or an offense causing the death of one or more persons. A commission may not sentence any person to suffer death for an offense committed before the person attained the age of eighteen years. A sentence of death may not be executed until approved by the President. ``(i) Pursuant to section 936 (Article 36) of the chapter, the President may prescribe rules of evidence and procedure for trial by a military commission. The accused in a military commission shall be given the following minimum rights and protections: ``(1) The accused shall have the right to a fair trial, without adverse distinction based upon race, color, gender, language, religion, birth, wealth, or any similar criteria. ``(2) The accused shall be presumed innocent until proven guilty. The burden of proof shall be upon the prosecution to prove each element of an offense beyond a reasonable doubt. ``(3) The accused shall be informed of the charges against him in a language he understands as soon as practicable prior to trial. ``(4) The accused shall have the right to a public trial, unless the appointing authority determines that a closed trial, or any portion thereof, is necessary to the national security of the United States. ``(5) The accused may not be compelled to testify or present evidence against himself. ``(6) No adverse inference will be drawn against him by reason of a decision not to testify on his own behalf. ``(7) Evidence obtained through the use of torture (as defined in section 2340 of title 18), will not be admitted in evidence at trial by a military commission. ``(8) The accused shall be entitled to assistance of counsel at all stages of proceedings and shall have adequate time and facilities available for the preparation of his defense. The accused shall have the right to represent himself in trail by military commission, subject to the discretion of the presiding officer. ``(9) The accused shall have the right to present evidence and to cross-examine each witness. ``(10) The accused shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. ``(11) The accused shall have access to all evidence that trial counsel intends to offer at trial and all evidence known to trial counsel or to the commission that tends to exculpate him. ``(12) The accused shall have the right to be present at each stage of the proceedings, unless he engages in conduct that the presiding officer determines to be disruptive. ``(13) The accused shall not be tried a second time for the same offense. ``(j) A person found guilty by military commission shall have a right to review of that finding and any adjudged sentence in accordance with this section. ``(k)(1) After trial, the presiding officer shall promptly authenticate a verbatim transcript and record of trial. ``(2) The appointing authority shall, within a reasonable period of time, carry out an administrative review of the transcript and record of trial and take such administrative actions as the authority considers appropriate, which may include directing the commission to conduct any necessary supplemental proceedings. ``(3) The Secretary of Defense shall review the record of trial and, within a reasonable period of time, take one or more of the following actions of the case: ``(A) Approve, disapprove, commute, mitigate, or suspend the sentence in whole or in part. ``(B) Approve or disapprove a finding of guilty, or change a finding of guilty to a charge or specification to a finding of guilty to a lesser included offense of the offense stated in the charge. ``(4)(A) Following action by the Secretary of Defense, the Court of Appeals for the Armed Forces shall review the record of a military commission-- ``(i) in any case in which the sentence extends to death or to confinement in excess of five years; and ``(ii) in any other case that the President may prescribe. ``(B) In any case reviewed by it under this subsection, the Court of Appeals for the Armed Forces may act only with respect to the findings and sentence as in effect after review by the convening authority and the Secretary of Defense under subsection (k)(3). ``(C) The Court of Appeals for the Armed Forces shall take action only with respect to matters of law and shall take such action as is permitted under section 867 (Article 67) of this chapter. ``(5) The Supreme Court of the United States shall have jurisdiction to review, by writ of certiorari, an action of the Court of Appeals for the Armed Forces under this subsection. ``(l) The Secretary of Defense shall submit to Congress each order, rule, and regulation prescribed under this section. Such order, rule, or regulation may not take effect until 30 days after it is so submitted. ``(m) Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report on the use of military commissions covered by this section during the preceding calendar year. The report shall set forth a summary of each case covered by this section during such year, together with the disposition and current status of that case. The report shall also set forth a detailed description of the activities of the Department with respect to military commissions, a copy of all current rules and regulations relating to the use of military commissions, and an accounting of all funds expended on matters relating to the use of military commissions.''. (b) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``935a. Art. 135a. Military commissions for offenses against the law of war or in furtherance of terrorism.''.", "summary": "Military Commissions Act of 2004 - Amends the Uniform Code of Military Justice to permit a military commission to try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of terrorism. Permits only the President, or a person designated by the President, to appoint such a commission. Requires a commission to consist of not less than three members and not more than seven members. States that trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial. Requires members of a military commission to deliberate and vote in closed conference. Prohibits: (1) a military commission from finding a person guilty of an offense, and determining a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken; and (2) from sentencing a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence. Sets forth other requirements relating to a commission, including requiring the accused in a military commission to be given specified minimum rights and protections. Outlines procedures for, and courts of, appeal."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom from Unfair Energy Levy Act''. SEC. 2. SIX-MONTH SUSPENSION OF FUEL TAXES. (a) Six-Month Suspension of Fuel Taxes.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Suspension of Fuel Taxes.-- ``(1) In general.--During the suspension period, each rate of tax referred to in paragraph (2) shall be reduced to zero. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), ``(B) sections 4091(b)(3)(A) (relating to aviation fuel), ``(C) section 4042(b)(2)(C) (relating to fuel used on inland waterways), ``(D) paragraph (1), (2), or (3) of section 4041(a) (relating to diesel fuel, special fuels, and compressed natural gas), and ``(E) section 4041(m)(1)(A)(i) (relating to certain methanol or ethanol fuels). ``(3) Suspension period.--For purposes of this subsection, the term `suspension period' means the 180-day period beginning on the 30th day after the date of the enactment of this subsection.'' (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. REPEAL OF 1993 INCREASES IN MOTOR FUEL TAXES. (a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and inserting ``14 cents''. (b) Aviation Gasoline.--Clause (ii) of section 4081(a)(2)(A) of such Code is amended by striking ``19.3 cents'' and inserting ``15 cents''. (c) Diesel Fuel and Kerosene.--Clause (iii) of section 4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and inserting ``20 cents''. (d) Aviation Fuel.--Paragraph (1) of section 4091(b) of such Code is amended by striking ``21.8 cents'' and inserting ``17.5 cents''. (e) Fuel Used on Inland Waterways.-- (1) Paragraph (1) of section 4042(b) of such Code is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Paragraph (2) of section 4042(b) of such Code is amended by striking subparagraph (C). (f) Technical Amendments.-- (1) Subparagraph (B) of section 40(e)(1) of such Code is amended by striking ``during which the rates of tax under section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting ``during which the rate of tax under section 4081(a)(2)(A)(i) does not apply''. (2) Subparagraph (A) of section 4041(a)(1) of such Code is amended by striking ``or a diesel-powered train'' each place it appears and by striking ``or train''. (3) Subparagraph (C) of section 4041(a)(1) of such Code is amended by striking clause (ii) and by redesignating clause (iii) as clause (ii). (4) Subclause (I) of section 4041(a)(1)(C)(ii) of such Code, as redesignated by paragraph (3), is amended by striking ``7.3 cents'' and inserting ``3 cents'' and by striking ``4.3 cents per gallon'' and inserting ``zero''. (5) Subsection (a) of section 4041 of such Code is amended by striking paragraph (3). (6) Subparagraph (C) of section 4041(b)(1) of such Code is amended by striking all that follows ``section 6421(e)(2)'' and inserting a period. (7) Subparagraph (B) of section 4041(a)(2) of such Code is amended by striking all that follows clause (i) and inserting the following new clauses: ``(ii) 10.4 cents per gallon in the case of liquefied petroleum gas, and ``(iii) 9.1 cents per gallon in the case of liquefied natural gas.'' (8) Paragraph (3) of section 4041(c) of such Code is amended to read as follows: ``(3) Termination.--The rate of the taxes imposed by paragraph (1) shall be zero after September 30, 2007.'' (9) Subsection (d) of section 4041 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Diesel fuel used in trains.--There is hereby imposed a tax of 0.1 cent per gallon on any liquid other than gasoline (as defined in section 4083)-- ``(A) sold by any person to an owner, lessee, or other operator of a diesel-powered train for use as a fuel in such train, or ``(B) used by any person as a fuel in a diesel- powered train unless there was a taxable sale of such fuel under subparagraph (A). No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081.'' (10) Clauses (i) and (ii) of section 4041(m)(1)(A) of such Code are amended to read as follows: ``(i) 7 cents per gallon on and after the date of the enactment of this clause and before October 1, 2005, and ``(ii) zero after September 30, 2005, and''. (11) Subsection (c) of section 4081 of such Code is amended by striking paragraph (6) and by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively. (12) Paragraphs (1) and (2) of section 4081(d) of such Code are amended to read as follows: ``(1) In general.--The rates of tax specified in clauses (i) and (iii) of subsection (a)(2)(A) shall be zero after September 30, 2005. ``(2) Aviation gasoline.--The rate of tax specified in subsection (a)(2)(A)(ii) shall be zero after September 30, 2007.'' (13) Subsection (f) of section 4082 of such Code is amended by striking ``section 4041(a)(1)'' and inserting ``subsections (d)(3) and (a)(1) of section 4041, respectively''. (14) Paragraph (3) of section 4083(a) of such Code is amended by striking ``or a diesel-powered train''. (15) Subparagraph (A) of section 4091(b)(3) of such Code is amended to read as follows: ``(A) The rate of tax specified in paragraph (1) shall be zero after September 30, 2007.'' (16) Paragraph (1) of section 4091(c) of such Code is amended-- (A) by striking ``14 cents'' and inserting ``9.7 cents'', (B) by striking ``13.3 cents'' and inserting ``9 cents'', (C) by striking ``13.2 cents'' and inserting ``8.9 cents'', (D) by striking ``13.1 cents'' and inserting ``8.8 cents'', and (E) by striking ``13.4 cents'' and inserting ``9.1 cents''. (17) Subsection (c) of section 4091 of such Code is amended by striking paragraph (4), and by redesignating paragraph (5) as paragraph (4). (18) Subsection (b) of section 4092 of such Code is amended by striking ``attributable to'' and all that follows and inserting ``attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section. For purposes of the preceding sentence, the term `commercial aviation' means any use of an aircraft other than in noncommercial aviation (as defined in section 4041(c)(2)).'' (19) Subparagraph (B) of section 6421(f)(2) of such Code is amended by striking ``and,'' and all that follows and inserting a period. (20) Paragraph (3) of section 6421(f) of such Code is amended to read as follows: ``(3) Gasoline used in trains.--In the case of gasoline used as a fuel in a train, this section shall not apply with respect to the Leaking Underground Storage Tank Trust Fund financing rate under section 4081.'' (21) Subparagraph (A) of section 6427(b)(2) of such Code is amended by striking ``7.4 cents'' and inserting ``3.1 cents''. (22) Paragraph (3) of section 6427(l) of such Code is amended to read as follows: ``(3) Refund of certain taxes on fuel used in diesel- powered trains.--For purposes of this subsection, the term `nontaxable use' includes fuel used in a diesel-powered train. The preceding sentence shall not apply to the tax imposed by section 4041(d) and the Leaking Underground Storage Tank Trust Fund financing rate under section 4081 except with respect to fuel sold for exclusive use by a State or any political subdivision thereof.'' (23) Paragraph (4) of section 6427(l) of such Code is amended by striking ``attributable to'' and all that follows through the period and inserting ``attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section.'' (g) Effective Date.--The amendments made by this section shall take effect on the day after the suspension period ends under section 4081(f) of the Internal Revenue Code of 1986 (as added by section 2). SEC. 4. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax suspension date, tax has been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax suspension date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax suspension date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax suspension date'' means the date on which the suspension period begins under section 4081(f) of the Internal Revenue Code of 1986 (as added by section 2). (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 5. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed under section 4041, 4081, or 4091 of the Internal Revenue Code of 1986 on such liquid had the taxable event occurred on the floor stocks tax date over the tax paid under such sections on such liquid. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Taxable liquid.--The term ``taxable liquid'' means any liquid on which tax is imposed under section 4041, 4081, or 4091 of the Internal Revenue Code of 1986 on the floor stocks tax date. (3) Gasoline and diesel fuel.--The terms ``gasoline'' and ``diesel fuel'' have the respective meanings given such terms by section 4083 of such Code. (4) Aviation fuel.--The term ``aviation fuel'' has the meaning given such term by section 4093 of such Code. (5) Floor stocks tax date.--The term ``floor stocks tax date'' means the day after the end of the suspension period under section 4081(f) of such Code (as added by section 2). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4041, 4081, or 4091 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on diesel fuel, kerosene, or aviation fuel held on such date by any person if the aggregate amount of diesel fuel, kerosene, or aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4041(a)(2) of such Code in the case of special fuels; by section 4081 of such Code in the case of gasoline, diesel fuel, and kerosene; and by section 4091 of such Code in the case of aviation fuel shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4041, 4081, or 4091.", "summary": "Freedom from Unfair Energy Levy Act - Amends the Internal Revenue Code to: (1) suspend, for six months, motor fuels taxes; and (2) repeal the 1993 4.3 cents per gallon increase in motor fuel taxes. Sets forth floor stock provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Witness Security and Protection Grant Program Act of 2011''. SEC. 2. WITNESS PROTECTION GRANT PROGRAM. (a) In General.--Subject to subsection (i), the Attorney General shall make competitive grants to eligible State, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in-- (1) court proceedings involving homicide, or involving a serious violent felony or serious drug offense as defined in section 3559(c)(2) of title 18, United States Code; and (2) court proceedings involving gangs or organized crime. (b) Criteria.--In making grants under subsection (a), the Attorney General shall evaluate applicants based upon the following: (1) The extent to which the applicant has a lack of infrastructure to support a witness assistance program. (2) The extent to which witness intimidation is present with respect to the applicant. (3) The level of cases not prosecuted by the applicant due to witness intimidation. (4) The number of homicides per capita committed in the jurisdiction of the applicant. (5) The number of serious violent felonies or serious drug offenses, as defined in section 3559(c)(2) of title 18, United States Code, per capita committed in the jurisdiction of the applicant. (6) The extent to which organized crime is present in the jurisdiction of the applicant. (7) Other appropriate criteria as determined by the Attorney General. (c) Technical Assistance.--From amounts made available under subsection (i) to carry out this section, the Attorney General, upon request of a recipient of a grant under this section, shall direct the appropriate offices within the Department of Justice to provide technical assistance to such recipient to the extent the Attorney General determines such technical assistance is needed to establish or maintain a program described in such section. (d) Best Practices.-- (1) Report.--Each recipient of a grant under this section shall submit to the Attorney General a report, in such form and manner and containing such information as specified by the Attorney General, that evaluates each program established or maintained pursuant to such grant, including policies and procedures under the program. (2) Development of best practices.--Based on the reports submitted under paragraph (1), the Attorney General shall develop best practice models to assist States and other relevant entities in addressing-- (A) witness safety; (B) short-term and permanent witness relocation; (C) financial and housing assistance; and (D) any other services related to witness protection or assistance that are determined by the Attorney General to be necessary. (3) Dissemination to states.--Not later than 1 year after the development of best practice models under paragraph (2), the Attorney General shall disseminate to States and other relevant entities such models. (4) Sense of congress.--It is the sense of Congress that States and other relevant entities should use the best practice models developed and disseminated in accordance with this section to evaluate, improve, and develop witness protection or witness assistance as appropriate. (5) Clarification.--Nothing in this section requires the dissemination of any information if the Attorney General determines such information is law enforcement sensitive and should only be disclosed within the law enforcement community or that such information poses a threat to national security. (e) Federal Share.-- (1) In general.--The Federal share of the cost of a project carried out using a grant made under this section shall not be more than 75 percent. (2) In-kind contributions.-- (A) In general.--Subject to subparagraph (B), the non-Federal share for a project carried out using a grant made under this section may be made in the form of in-kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage.--Not more than 50 percent of the non-Federal share for a project carried out using a grant made under this section may be in the form of in-kind contributions. (f) Administrative Expenses.--Federal administrative costs to carry out this section for a fiscal year shall not exceed 5 percent of the funds appropriated pursuant to subsection (i) for such fiscal year. (g) Geographic Distribution.--The Attorney General shall ensure that, to the extent reasonable and practical, grants authorized by this section are made to achieve an equitable geographical distribution of such programs throughout the United States and that due consideration be given to applicants of rural and urban communities. (h) Report to Congress.--The Attorney General shall submit a report to Congress-- (1) not later than December 31, 2013, on the implementation of this section and any information on programs funded by grants made pursuant to this section; and (2) not later than December 31, 2017, on the programs funded by grants awarded under this section, including on matters specified under subsection (d)(2). (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of the fiscal years 2012 through 2016.", "summary": "Witness Security and Protection Grant Program Act of 2011 - Directs the Attorney General to: (1) make competitive grants to state, tribal, and local governments to establish or maintain programs to protect or assist witnesses in court proceedings involving homicide, a serious felony or drug offense, or gangs or organized crime; (2) evaluate grant applicants based on specified criteria, including the extent of witness intimidation and the number of serious crimes per capita with respect to such applicant; (3) provide technical assistance to grant applicants for establishing or maintaining a witness protection plan; and (4) develop and disseminate best practice models to assist states and other relevant entities in addressing witness safety, short-term and permanent witness relocation, financial and housing assistance, and other necessary services. Expresses the sense of Congress that states and relevant entities should use the best practice models developed by the Attorney General to evaluate, improve, and develop witness protection or witness assistance programs."}
{"article": "SECTION 1. EMERGENCY WATERSHED PROTECTION DISASTER ASSISTANCE FUND. (a) Definitions.--In this section: (1) Emergency watershed protection program.--The term ``emergency watershed protection program'' means the emergency watershed protection program established under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203). (2) Fund.--The term ``Fund'' means the Emergency Watershed Protection Disaster Assistance Fund established by subsection (b). (3) Natural disaster.--The term ``natural disaster'' means-- (A) a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); or (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Emergency Watershed Protection Disaster Assistance Fund'', to be administered by the Secretary to carry out activities under the emergency watershed protection program. (c) Purpose and Availability of Fund.-- (1) In general.--Subject to subsection (d), amounts in the Fund shall be available to the Secretary, until expended, to provide additional amounts for authorized activities described in subsection (b) in areas affected by a natural disaster. (2) Maintenance of funding.--Amounts in the Fund shall supplement (and not supplant) other Federal funding for natural disasters. (d) Directly Appropriated Amounts.--Amounts appropriated directly to the Fund by this Act or any subsequent Act for a specific purpose shall be available only for that purpose until such time as the transfer authority provided by subsection (f) takes effect with regard to the amounts. (e) Transfer of Prior Appropriations to Fund.-- (1) In general.--The Secretary may transfer to the Fund, and merge with other amounts generally appropriated to the Fund, the available unobligated balance of any amounts described in paragraph (2) if, in advance of the transfer, the Secretary-- (A) determines that the unobligated amounts are no longer needed to respond to the natural disaster for which the amounts were originally appropriated; and (B) provides a certification of that determination to the Committees on Appropriations of the House of Representatives and the Senate. (2) Amounts.-- (A) In general.--Amounts described in this paragraph are amounts for the emergency watershed protection program that-- (i) except in the case of funds described in subparagraph (B), remain unobligated as of the date of enactment of this Act; or (ii)(I) are made available under the Disaster Relief Appropriations Act, 2013 (division A of Public Law 113-2; 127 Stat. 4); and (II) are not necessary to fulfill any eligible request for the funds made in accordance with that Act. (B) Emergency designations.-- (i) Emergency designation for statutory paygo.--This subsection is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)). (ii) Emergency designation for congressional enforcement.--In the Senate, this subsection is designated as an emergency requirement pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. (3) Certain funds.-- (A) Preliminary deposit.--Not later than 30 days after the date of enactment of this Act, the Secretary shall transfer to the Fund all amounts described in paragraph (2)(A)(ii) that are in excess of amounts requested in applications received by the Secretary on or before April 18, 2014, in accordance with the Disaster Relief Appropriations Act, 2013 (division A of Public Law 113-2; 127 Stat. 4). (B) Final deposit.--As soon as practicable after the Secretary has made final determinations on all applications described in subparagraph (A), the Secretary shall transfer to the Fund all remaining unobligated amounts described in paragraph (2)(A)(ii). (f) Transfer of Other Appropriations to Fund.-- (1) In general.--Unless otherwise specifically provided in an appropriations Act, the Secretary may transfer to or within the Fund, and merge with other amounts generally appropriated to the Fund, the available unobligated balance of any amounts that are appropriated for fiscal year 2014 or any subsequent fiscal year for the emergency watershed protection program to respond to a natural disaster or are designated by the Congress as an emergency requirement if, in advance of the transfer, the Secretary-- (A) determines that the unobligated amounts are no longer needed to respond to the natural disaster for which the amounts were originally appropriated; and (B) provides a certification of that determination to the Committees on Appropriations of the House of Representatives and the Senate. (2) Timing.--A transfer of unobligated amounts with respect to a natural disaster may not be made under this subsection until after the end of the 2-year period beginning on the date on which the amounts were originally appropriated for that natural disaster. (g) Availability of Funds.--Amounts transferred into the Fund under this section shall be available to the Secretary for obligation without further appropriation. (h) Administrative Expenses.--In addition to any other funds available to the Secretary to cover administrative costs, the Secretary may use up to 3 percent of the amounts allocated from the Fund for a specific natural disaster to cover administrative costs of the State and local offices of the Department of Agriculture in the areas affected by the natural disaster to carry out disaster-related activities. (i) Limitation on Per Disaster Obligations.-- (1) In general.--Amounts in the Fund, except for amounts described in subsection (d) that are appropriated to the Fund and obligated in accordance with that subsection, may not be obligated in excess of $1,000,000 for a natural disaster until at least 15 days after the date on which the Secretary notifies the Committees on Appropriations of the House of Representatives and the Senate of the determination of the Secretary to obligate additional amounts and the reasons for the determination. (2) Specific and extreme need.--The Secretary may not obligate more than 50 percent of the amounts in the Fund for any 1 natural disaster unless the Secretary declares that there is a specific and extreme need for additional funds to be provided in response to that natural disaster at time of the obligation. (j) Quarterly Reports.--The Secretary shall submit, on a quarterly basis, to the Committees on Appropriations of the House of Representatives and the Senate a report describing the status of the Fund and any transactions that have affected the Fund since the previous report.", "summary": "Establishes in the Treasury the Emergency Watershed Protection Disaster Assistance Fund to be administered by the Secretary of Agriculture (USDA) to carry out emergency watershed protection activities in natural disaster-affected areas. Sets forth limitations on per disaster obligations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Industry Merger Antitrust Enforcement Act''. SEC. 2. STATEMENT OF FINDINGS AND DECLARATIONS OF PURPOSES. (a) Findings.--Congress finds the following: (1) American consumers are suffering from excessively high prices for gasoline, natural gas, heating oil, and other energy products. (2) These excessively high energy prices have been caused, at least in substantial part, by undue concentration among companies involved in the production, refining, distribution, and retail sale of oil, gasoline, natural gas, heating oil, and other petroleum-related products. (3) There has been a sharp consolidation caused by mergers and acquisitions among oil companies over the last decade, and the antitrust enforcement agencies (the Federal Trade Commission and the Department of Justice Antitrust Division) have failed to employ the antitrust laws to prevent this consolidation, to the detriment of consumers and competition. This consolidation has caused substantial injury to competition and has enabled the remaining oil companies to gain market power over the sale, refining, and distribution of petroleum- related products. (4) The demand for oil, gasoline, and other petroleum-based products is highly inelastic so that oil companies can easily utilize market power to raise prices. (5) Maintaining competitive markets for oil, gasoline, natural gas, and other petroleum-related products is in the highest national interest. (b) Purposes.--The purposes of this Act are to-- (1) ensure vigorous enforcement of the antitrust laws in the oil industry; (2) restore competition to the oil industry and to the production, refining, distribution, and marketing of gasoline and other petroleum-related products; and (3) prevent the accumulation and exercise of market power by oil companies. SEC. 3. BURDEN OF PROOF. Section 7 of the Clayton Act (15 U.S.C. 18) is amended by adding at the end the following: ``In any civil action brought against any person for violating this section in which the plaintiff-- ``(1) alleges that the effect of a merger, acquisition, or other transaction affecting commerce may be to substantially lessen competition, or to tend to create a monopoly, in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, oil, or natural gas, or products derived from petroleum, oil, or natural gas; and ``(2) establishes that a merger, acquisition, or transaction is between or involves persons competing in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, oil, or natural gas, or products derived from petroleum, oil, or natural gas; the burden of proof shall be on the defendant or defendants to establish by a preponderance of the evidence that the merger, acquisition, or transaction at issue will not substantially lessen competition or tend to create a monopoly.''. SEC. 4. ENSURING FULL AND FREE COMPETITION. (a) Review.--The Federal Trade Commission and the Antitrust Division of the Department of Justice shall jointly review and revise all enforcement guidelines and policies, including the Horizontal Merger Guidelines issued April 2, 1992 and revised April 8, 1997, and the Non-Horizontal Merger Guidelines issued June 14, 1984, and modify those guidelines in order to-- (1) specifically address mergers and acquisitions in oil companies and among companies involved in the production, refining, distribution, or marketing of oil, gasoline, natural gas, heating oil, or other petroleum-related products; and (2) ensure that the application of these guidelines will prevent any merger and acquisition in the oil industry, when the effect of such a merger or acquisition may be to substantially lessen competition, or to tend to create a monopoly, and reflect the special conditions prevailing in the oil industry described in subsection (b). (b) Special Conditions.--The guidelines described in subsection (a) shall be revised to take into account the special conditions prevailing in the oil industry, including-- (1) the high inelasticity of demand for oil and petroleum- related products; (2) the ease of gaining market power in the oil industry; (3) supply and refining capacity limits in the oil industry; (4) difficulties of market entry in the oil industry; and (5) unique regulatory requirements applying to the oil industry. (c) Competition.--The review and revision of the enforcement guidelines required by this section shall be completed not later than 6 months after the date of enactment of this Act. (d) Report.--Not later than 6 months after the date of enactment of this Act, the Federal Trade Commission and the Antitrust Division of the Department of Justice shall jointly report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives regarding the review and revision of the enforcement guidelines mandated by this section. SEC. 5. DEFINITIONS. In this Act: (1) Oil industry.--The term ``oil industry'' means companies and persons involved in the production, refining, distribution, or marketing of oil or petroleum-based products. (2) Petroleum-based product.--The term ``petroleum-based product'' means gasoline, diesel fuel, jet fuel, home heating oil, natural gas, or other products derived from the refining of oil or petroleum.", "summary": "Oil Industry Merger Antitrust Enforcement Act - Amends the Clayton Act to require, in any civil action in which the plaintiff alleges that the effect of a merger, acquisition, or other transaction (transaction) may be to substantially lessen competition or to create a monopoly in the business of exploring for, producing, refining, marketing, or selling petroleum, oil, natural gas, or their related products and that establishes that the transaction involves competitors in that business, the burden of proof shall be on the defendant to establish that such transaction will not substantially lessen competition or create a monopoly. Directs the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice to jointly review and revise applicable enforcement guidelines and policies in order to: (1) specifically address the above transactions; and (2) ensure that the guidelines will prevent any transaction which substantially lessens competition or creates a monopoly."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Enforcement and Trade Deficit Reduction Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States market is widely recognized as one of the most open markets in the world. Average United States tariff rates are very low and the United States has limited, if any, nontariff barriers. (2) With each subsequent round of bilateral, regional, and multilateral trade negotiations, tariffs have been significantly reduced or eliminated for many manufactured goods, leaving nontariff barriers as the most pervasive, significant, and challenging barriers to United States exports and market opportunities. (3) Often the only leverage the United States has to obtain the reduction or elimination of nontariff barriers imposed by foreign countries is to negotiate the amount of tariffs the United States imposes on imports from those foreign countries. (4) The United States has become the world's largest net debtor nation, having run up massive trade deficits since the mid-1970s. (5) Every year since 1976, whether in expansion or recession, the United States has run a deficit in goods and services trade, which weakens and detracts from America's global leadership position. (6) The United States trade deficit in 1993, the year before the North American Free Trade Agreement (NAFTA) went into force, was $135.6 billion. (7) In 2015, the United States had a deficit in the balance of trade in goods and services of $939.8 billion. (8) In 2015, the United States had a trade deficit of $179 billion with countries with which it has free trade agreements. (9) Persistent deficits weaken the United States economy, defense industrial base, and innovation system and increase the likelihood of ownership of large segments of the United States economy by foreign interests. SEC. 3. WITHDRAWAL OF TARIFF CONCESSIONS. (a) In General.--If the Department of Commerce determines pursuant to subsection (c) that-- (1) a tariff or nontariff barrier or policy or practice of the government of a foreign country with respect to United States exports of any product has not been reduced or eliminated in accordance with the terms of a trade agreement entered into between the United States and the foreign country; or (2) a tariff or nontariff barrier or policy or practice of such government with respect to United States exports of any product has been imposed or discovered, the United States Trade Representative shall withdraw any modification of any duty that reduced or eliminated the bound or applied rate of duty on any product that has the same physical characteristics and uses as a product described in paragraph (1) or (2) until such time as the Department of Commerce submits to Congress a certification that the foreign government has reduced or eliminated the tariff or nontariff barrier or policy or practice. (b) Investigation.-- (1) In general.--The Department of Commerce shall initiate an investigation if an interested party files a petition with the Department of Commerce which alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a), and which is accompanied by information reasonably available to the petitioner supporting such allegations. (2) Interested party defined.--For purposes of paragraph (1), the term ``interested party'' means-- (A) a manufacturer, producer, or wholesaler in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; (B) a certified union or recognized union or group of workers engaged in the manufacture, production, or wholesale in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; (C) a trade or business association a majority of whose members manufacture, produce, or wholesale in the United States a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; or (D) a member of the Committee on Ways and Means of the House of Representatives or a member of the Committee on Finance of the Senate. (c) Determination by the Department of Commerce.--Not later than 45 days after the date on which a petition is filed under subsection (b), the Department of Commerce shall-- (1) determine whether the petition alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a); and (2) notify the petitioner of the determination under paragraph (1) and the reasons for the determination. SEC. 4. TRADE DEFICIT REDUCTION. (a) Identification.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and monthly thereafter, the Department of Commerce shall identify each country from which the value of goods and services imported into the United States exceeds twice the value of goods and services that are products of the United States that are exported from the United States to that country. (2) Statistical sources.--For purposes of the calculations described in this section, the Department of Commerce shall use the goods and services trade deficit data compiled by the United States International Trade Commission, specifically-- (A) U.S. Imports for Consumption data, in the case of imports; and (B) U.S. Domestic Exports data, in the case of exports. (3) Exclusion of least developed countries.--For purposes of this subsection, the term ``country'' does not include a country that is identified on the most recent List of Least Developed Countries published by the United Nations Committee for Development Policy. (b) Action by U.S. Customs and Border Protection.--In the case of a country which is identified under subsection (a) for six consecutive months, U.S. Customs and Border Protection shall bar the importation of products from a country identified under subsection (a), other than those granted a waiver under subsection (c), beginning 180 days after the date on which a determination is made under subsection (a) until such time that-- (1) such country is no longer identified under subsection (a); or (2) the President has provided written notice to Congress of the President's intention to enter into negotiations with such country to enter into a trade agreement, or changes to an existing trade agreement, with such country pursuant to section 105(a)(1)(A) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204(a)(1)(A)). (c) Waiver.--A manufacturer, producer, or wholesaler in the United States may apply to the Department of Commerce to allow the importation of a product from a country identified under subsection (a), which the Department of Commerce shall grant-- (1) if it is shown that such product is not available in sufficient quantities from other sources; and (2) for a period not to exceed one year.", "summary": "Trade Enforcement and Trade Deficit Reduction Act This bill requires the Office of the U.S. Trade Representative to withdraw tariff concessions granted to a foreign country if the Department of Commerce determines that such country has not reduced or eliminated a tariff or nontariff barrier on U.S. exports in accordance with a trade agreement. Commerce must: (1) initiate an investigation if it receives a petition alleging that a foreign country has not complied with the tariff provisions of a trade agreement, and (2) identify each country (other than a least developed country) whose imports of goods and services to the United States exceed twice the value of U.S. exports to that country over a six month period. The U.S. Customs and Border Protection must bar the importation of products from such a country unless a waiver is granted for such products to a U.S. manufacturer, producer, or wholesaler."}
{"article": "SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Children's Act for Responsible Employment of 2001'' or ``CARE Act''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). SEC. 2. AGRICULTURAL EMPLOYMENT. Section 13(c) (29 U.S.C. 213(c)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) The provisions of section 12 relating to child labor shall not apply to any employee employed in agriculture outside of school hours in the school district where such employee is living while he or she is so employed, if such employee is employed by his or her parent, grandparent, aunt, uncle, first cousin, or legal guardian, on a farm that is owned or operated by such parent, grandparent, aunt, uncle, first cousin, or legal guardian.''; and (2) by striking paragraphs (2) and (4). SEC. 3. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS. (a) Civil Money Penalties.--Section 16(e) (29 U.S.C. 216(e)) is amended in the first sentence-- (1) by striking ``$10,000'' and inserting ``$15,000''; (2) by inserting after ``subject to a civil penalty of'' the following: ``not less than $500 and''. (b) Penalties for Violations Resulting in Serious Bodily Injury, Serious Illness, or Death.--Section 16 (29 U.S.C. 216) is amended by adding at the end the following: ``(f) Any employer who violates section 12 shall be liable for such legal or equitable relief as may be appropriate where such violation results in serious bodily injury to, serious illness, or the death of a minor. An action to recover such relief may be brought against any employer in a Federal or State court of competent jurisdiction, without regard to the amount in controversy, by any employee subject to the protections of section 12 or by the employee's legal guardian or the employee's survivors. The court in such action shall, in addition to any other judgment awarded to the plaintiff, allow a reasonable attorney's fee to be paid by the defendant and the costs of the action. If the employee, the employee's legal guardian, or the employee's survivors collect a judgment under this subsection and also seek recovery for the same violation through State worker's compensation laws, the provisions of this subsection shall not be construed to prohibit a State from electing to offset recovery obtained under this subsection against recovery provided through such State worker's compensation laws. A court, in a case described in the preceding sentence, may consider the amount recovered under any State worker's compensation laws in awarding relief under this subsection.''. (c) Criminal Penalties.--Section 16(a) (29 U.S.C. 216(a)) is amended by adding at the end the following: ``Any person who violates the provisions of section 15(a)(4), concerning oppressive child labor, shall on conviction be subject to a fine of not more than $15,000 (notwithstanding any provision of section 3571 of title 18, United States Code, to the contrary), or to imprisonment for not more than 5 years, or both, in the case of a willful or repeat violation that results in or contributes to a fatality of a minor employee or a permanent disability of a minor employee, or a violation which is concurrent with a criminal violation of any other provision of this Act or of any other Federal or State law.''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to preempt any State law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments. SEC. 4. REPORTING AND RECORD-KEEPING. Section 12 (29 U.S.C. 212) is amended by adding at the end the following: ``(e)(1) The Secretary and the Director of the Bureau of the Census of the United States shall biannually compile data from respective State employment security agencies and from other sources in all the States concerning-- ``(A) the types of industries and occupations in which children under the age of 18 are employed; and ``(B) cases in which it was determined that children were employed in violation of this section. ``(2) Each employer who employs an individual in a State under the age of 18 shall report to the State employment security agency in the State on any injury to such individual that results in lost employment time or any illness such individual incurred while at work. Such report shall include the age of the individual, the nature of the job in which the individual is employed (including large-scale, commercial agriculture), the circumstances surrounding the injury or illness to such individual, and the report of the physician and health care facility which dealt with such injury or illness. ``(3) Beginning on January 1, 2003, the Secretary, in conjunction with the Secretary of Health and Human Services, shall issue a biannual report on the status of child labor in the United States and its attendant safety and health hazards.''. SEC. 5. COORDINATION. Section 4 (29 U.S.C. 204) is amended by adding at the end the following: ``(g) The Secretary shall encourage and establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Upon the request of the Secretary, and to the extent permissible under applicable law, State and local government agencies with information regarding injuries and deaths of employees shall submit such information to the Secretary for use as appropriate in the enforcement of section 12 and in the promulgation and interpretation of the regulations and orders authorized by section 3(l). The Secretary may reimburse such State and local government agencies for such services.''. SEC. 6. REGULATIONS. Not later than ____ days after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations to carry out this Act and the amendments made by this Act. Such regulations shall take effect not later than ____ days after the date of such promulgation. SEC. 7. AUTHORIZATION. There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary for to carry out this Act and the amendments made by this Act. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date on which the regulations promulgated under section 6 take effect.", "summary": "Children's Act for Responsible Employment of 2001 - CARE Act - Amends the Fair Labor Standards Act of 1938 to repeal certain exemptions from child labor prohibitions for agricultural employment.Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by a specified family member on the member's farm. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment.Increases civil and criminal penalties for child labor violations.Directs the Secretary of Labor and the Director of the Bureau of the Census to compile data biannually from State employment security agencies and from other sources in all the States concerning: (1) the types of industries and occupations in which children under the age of 18 are employed; and (2) cases in which children were employed in violation of Federal child labor prohibitions. Requires each employer to report to the State employment security agency on any injury to an employee under age 18 that results in lost employment time or any illness such individual incurred while at work.Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to inform the Secretary, upon request, about employee injuries and deaths."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Homebuyer Accessibility Act of 2015''. SEC. 2. VETERAN FIRST-TIME HOMEBUYER TAX CREDIT. (a) In General.--Section 36(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Allowance of Credit.--In the case of an eligible veteran who purchases a principal residence in the United States during the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 10 percent of the purchase price of the residence.''. (b) Additional Limitation for Adaptive Housing Improvements.-- Section 36(b)(1) of such Code is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Special rule for adaptive housing improvements.--In the case of a principal residence with special fixtures or movable facilities made necessary by the nature of the disability of the veteran, if such fixtures and facilities are-- ``(i) provided to the veteran pursuant to specially adapted housing assistance under chapter 17 or 21 of title 38, United States Code, or ``(ii) similar to such fixtures and facilities that would be provided to the veteran if the veteran received such assistance, then subparagraph (A) shall be increased by the lesser of $8,000 or the portion of the purchase price of the principal residence attributable such fixtures or movable facilities.''. (c) Eligible Veteran.-- (1) In general.--Section 36(c)(1) of such Code is amended by striking ``First-time homebuyer.--The term `first time homebuyer' means any individual'' and inserting ``Eligible veteran.--The term `eligible veteran' means any individual who is a veteran (as defined in section 101(2) of title 38, United States Code)''. (2) Long-time resident.--Section 36(c)(6) of such Code is amended by striking ``treated as a first-time homebuyer'' and inserting ``treated as meeting the no present ownership interest requirement of paragraph (1)''. (d) Recapture of Credit.--Section 36(f) of such Code is amended to read as follows: ``(f) Recapture of Credit.-- ``(1) In general.--If a taxpayer disposes of the principal residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the end of the 36-month period beginning on the date of the purchase of such residence by the taxpayer the tax imposed by this chapter for the taxable year of such disposition or cessation shall be increased by the amount of the credit so allowed. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence during the 2-year period beginning on the date of the disposition or cessation referred to in paragraph (1). Paragraph (1) shall apply to such new principal residence during the 36-month period referred to therein in the same manner as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Special rule for members of the armed forces, etc.-- ``(i) In general.--In the case of the disposition of a principal residence by an individual (or a cessation referred to in paragraph (1)) in connection with Government orders received by such individual, or such individual's spouse, for qualified official extended duty service, paragraph (1) shall not apply to such disposition (or cessation). ``(ii) Qualified official extended duty service.--For purposes of this section, the term `qualified official extended duty service' means service on qualified official extended duty as-- ``(I) a member of the uniformed services, ``(II) a member of the Foreign Service of the United States, or ``(III) an employee of the intelligence community. ``(iii) Definitions.--Any term used in this subparagraph which is also used in paragraph (9) of section 121(d) shall have the same meaning as when used in such paragraph. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle.''. (e) Application of Credit.--Section 36(h) of such Code is amended to read as follows: ``(h) Termination.--This section shall not apply to any residence purchased after December 31, 2017.''. (f) Assignment of Credit in Case of Construction.--Section 36 of such Code is amended by adding at the end the following new subsection: ``(i) Credit May Be Assigned.-- ``(1) In general.--In the case of a residence constructed by the taxpayer, if such taxpayer elects the application of this subsection for any taxable year, any portion of the credit determined under this section which is attributable to an increase under subparagraph (B) of subsection (b)(1) for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Eligible designee.--For purposes of paragraph (1), the term `eligible designee' means any person who, with respect to the residence, provides or installs any improvements, special fixtures, or movable facilities to which the credit is attributable under subparagraph (B) of subsection (b)(1). ``(3) Election requirements.--Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe.''. (g) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the portion of the veteran first-time homebuyer credit assigned to the taxpayer to which the second sentence of section 36(i)(1) applies,''. (2) The heading for section 1400C(e)(4) of such Code is amended by striking ``national first-time homebuyers credit'' and inserting ``veteran first-time homebuyers credit''. (h) Clerical Amendments.-- (1) The heading for section 36 of such Code is amended to read as follows: ``SEC. 36. VETERAN FIRST-TIME HOMEBUYER CREDIT.''. (2) The item relating to section 36 in the table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 36. Veteran first-time homebuyer credit.''. (i) Effective Date.--The amendments made by this section shall apply to residences purchased after the date of the enactment of this Act. SEC. 3. VETERAN HOME MOBILITY IMPROVEMENT CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 37 the following new section: ``SEC. 36C. VETERAN HOME MOBILITY IMPROVEMENT CREDIT. ``(a) In General.--In the case of a veteran, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified adaptive housing improvements for the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) shall not exceed $8,000. ``(c) Qualified Adaptive Housing Improvement.--For purposes of this section, the term `qualified adaptive housing improvement' means special fixtures or movable facilities with respect to the principal residence of the veteran which are made necessary by the nature of the disability of the veteran, if such fixtures and facilities are-- ``(1) provided to the veteran pursuant to specially adapted housing assistance under chapter 17 or 21 of title 38, United States Code, or ``(2) similar to such fixtures and facilities that would be provided to the veteran if the veteran received such assistance. ``(d) Credit May Be Assigned.-- ``(1) In general.--If the taxpayer elects the application of this subsection for any taxable year, any portion of the credit under this section for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Eligible designee.--For purposes of paragraph (1), the term `eligible designee' means any person who, with respect to the residence, provides or installs any qualified adaptive housing improvements to which the credit under this section is attributable. ``(3) Election requirements.--Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (2) Section 38(b) of the Internal Revenue Code of 1986, as amended by section 2, is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) the portion of the veteran home mobility improvement credit assigned to the taxpayer to which the second sentence of section 36C(d)(1) applies.''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 37 the following new item: ``Sec. 36C. Veteran home mobility improvement credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.", "summary": "Veterans Homebuyer Accessibility Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax credit for first-time homebuyers, to: (1) allow a veteran of the Armed Forces a tax credit for 10% of the purchase price of a principal residence purchased prior to January 1, 2018; (2) allow an additional credit for the cost, not exceeding $8,000 in a taxable year, of installing special fixtures or movable facilities in a residence to accommodate a disability of the veteran; and (3) require a recapture of credit amounts if the veteran sells such residence within 36 months after purchasing it."}
{"article": "SECTION 1. DEFINITION OF RENEWABLE BIOMASS. (a) Clean Air Act Definitions.-- (1) RFS definition.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I) and inserting the following: ``(I) Renewable biomass.--The term `renewable biomass' means-- ``(i) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that-- ``(I) are byproducts of preventive treatments that are removed-- ``(aa) to reduce hazardous fuels; ``(bb) to reduce or contain disease or insect infestation; or ``(cc) to restore ecosystem health; ``(II) would not otherwise be used for higher-value products; and ``(III) are harvested in accordance with-- ``(aa) applicable law and land management plans; and ``(bb) the requirements for-- ``(AA) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); and ``(BB) large-tree retention of subsection (f) of that section; or ``(ii) any organic matter that is available on a renewable or recurring basis from non- Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-- ``(I) renewable plant material, including-- ``(aa) feed grains; ``(bb) other agricultural commodities; ``(cc) other plants and trees; and ``(dd) algae; and ``(II) waste material, including-- ``(aa) crop residue; ``(bb) other vegetative waste material (including wood waste and wood residues); ``(cc) animal waste and byproducts (including fats, oils, greases, and manure); and ``(dd) food waste and yard waste.''. (2) Conversion assistance definition.--Section 211(s)(4) of the Clean Air Act (42 U.S.C. 7545(s)(4)) is amended by striking subparagraph (B) and inserting the following: ``(B) Renewable biomass.--The term `renewable biomass' has the meaning given the term in subsection (o)(1).''. (b) Applicability Under Other Law.--The definition of the term ``renewable biomass'' under section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) (as amended by subsection (a)(1)) shall apply in any Federal law enacted after the date of enactment of this Act-- (1) to establish a renewable electricity standard; or (2) to regulate the emission of greenhouse gases.", "summary": "Amends the Clean Air Act to redefine \"renewable biomass\" as: (1) materials, pre-commercial thinnings, or invasive species from certain National Forest System land and public lands that are byproducts of preventive treatments that are removed to reduce hazardous fuels, reduce or contain disease or insect infestation, or restore ecosystem health, that would not otherwise be used for higher-value products, and that are harvested in accordance with specified requirements for old-growth forests and large tree retention; or (2) any organic matter that is available on a renewable or recurring basis from nonfederal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including specified renewable plant material and waste material. Applies this definition in any federal law enacted after the date of enactment of this Act to: (1) establish a renewable electricity standard; or (2) regulate the emission of greenhouse gases."}
{"article": "SECTION 1. ACCESS TO STUDENT RECRUITING INFORMATION. (a) Changes to the Elementary and Secondary Education Act of 1965.--Section 9528(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7908(a)) is amended-- (1) by striking paragraphs (1) and (2) and inserting the following: ``(1) Access to student recruiting information.-- Notwithstanding section 444(a)(5)(B) of the General Education Provisions Act, each local educational agency receiving assistance under this Act shall provide, upon a request made by a military recruiter or an institution of higher education, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, unless the parent of such student has submitted the prior consent request under paragraph (2). ``(2) Consent.-- ``(A) Opt-out process.--A parent of a secondary school student may submit a written request, to the local educational agency, that the student's name, address, and telephone listing not be released for purposes of paragraph (1) without prior written consent of the parent. Upon receiving such request, the local educational agency may not release the student's name, address, and telephone listing for such purposes without the prior written consent of the parent. ``(B) Notification of opt-out process.--Each local educational agency shall notify the parents of the students served by the agency of the option to make a request described in subparagraph (A).''; and (2) by adding at the end the following: ``(4) Rule of construction prohibiting opt-in processes.-- Nothing in this subsection shall be construed to allow a local educational agency to withhold access to a student's name, address, and telephone listing from a military recruiter or institution of higher education by implementing an opt-in process or any other process other than the written consent request process under paragraph (2)(A). ``(5) Parental consent.--For purposes of this subsection, whenever a student has attained eighteen years of age, the permission or consent required of and the rights accorded to the parents of the student shall only be required of and accorded to the student.''. (b) Changes to Title 10 of the United States Code.--Section 503(c) of title 10, United States Code, is amended-- (1) by striking paragraph (1) and inserting the following: ``(1)(A) Each local educational agency receiving assistance under the Elementary and Secondary Education Act of 1965-- ``(i) shall provide to military recruiters the same access to secondary school students as is provided generally to postsecondary educational institutions or to prospective employers of those students; and ``(ii) shall provide, upon a request made by a military recruiter for military recruiting purposes, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, notwithstanding section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)), unless the parent of such student has submitted the prior consent request under subparagraph (B). ``(B)(i) The parent of a secondary school student may submit a written request, to the local educational agency, that the student's name, address, and telephone listing not be released for purposes of subparagraph (A) without prior written parental consent. Upon receiving a request, the local educational agency may not release the student's name, address, and telephone listing for such purposes without the prior written consent of the parent. ``(ii) Each local educational agency shall notify parents of the option to make a request described in clause (i). ``(C) Nothing in this paragraph shall be construed to allow a local educational agency to withhold access to a student's name, address, and telephone listing from a military recruiter or institution of higher education by implementing an opt-in process or any other process other than the written consent request process under subparagraph (B)(i). ``(D) Parental Consent.--For purposes of this paragraph, whenever a student has attained eighteen years of age, the permission or consent required of and the rights accorded to the parents of the student shall only be required of and accorded to the student.''; (2) by striking paragraphs (2), (3), and (4) and inserting the following: ``(2)(A) If a local educational agency denies recruiting access to a military recruiter under this section, the Secretary shall notify-- ``(i) the Governor of the State in which the local educational agency is located; and ``(ii) the Secretary of Education. ``(B) Upon receiving a notification under subparagraph (A), the Secretary of Education-- ``(i) shall, consistent with the provisions of part D of title IV of the General Education Provisions Act (20 U.S.C. 1234c), determine whether the local educational agency is failing to comply substantially with the requirements of this subsection; and ``(ii) upon determining that the local educational agency has failed to comply substantially with such requirements, may impose a penalty or enforce a remedy available for a violation of section 9528(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7908(a)) in the same manner as such penalty or remedy would apply to a local educational agency that violated such section.''; and (3) by redesignating paragraphs (5) and (6) as paragraphs (3) and (4), respectively.", "summary": "Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise the process for blocking the access of military recruiters or institutions of higher education (IHEs) to secondary school student information. Requires ESEA-assisted local educational agencies (LEAs) to notify each secondary school student's parent of the option to submit a written request to the LEA that the student's name, address, and telephone listing not be released to military recruiters or IHEs without the parent's prior written consent. Prohibits LEAs from providing military recruiters or IHEs access to such information once they have received such consent request, unless the student's parent provides written consent to such access. Gives students the rights accorded to their parents when they reach age 18. Requires the Secretary of Defense to notify the Governor of the LEA's state and the Secretary of Education when an LEA denies access to military recruiters. Requires the Secretary of Education, upon receiving such notice, to determine whether: (1) the LEA has failed to comply substantially with the requirement to provide military recruiters with access to students and student information unless the parents have filed a prior consent request under this Act; and (2) the imposition of a penalty or remedy against the LEA is warranted."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Force Work Force Renewal Act''. SEC. 2. TEMPORARY AUTHORITY REGARDING VOLUNTARY SEPARATION INCENTIVES AND EARLY RETIREMENT FOR EMPLOYEES OF THE DEPARTMENT OF THE AIR FORCE. (a) Separation Pay.--Section 5597(b) of title 5, United States Code, is amended by adding at the end the following: ``Under such program separation pay may also be offered for the purpose of maintaining continuity of skills among employees of the Department of the Air Force and adapting the skills of the workforce of such Department to emerging technologies critical to the needs and goals of such Department.''. (b) Retirement Under Civil Service Retirement System.--Section 8336 of such title is amended by adding at the end the following new subsection: ``(o)(1) An employee of the Department of the Air Force who is separated from the service voluntarily as a result of a determination described in paragraph (2) after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. ``(2) A determination under this paragraph is a determination by the Secretary of the Air Force that the separation described in paragraph (1) is necessary for the purpose of maintaining continuity of skills among employees of the Department of the Air Force and adapting the skills of the workforce of the Department to emerging technologies critical to the needs and goals of the Department.''. (c) Retirement Under Federal Employees' Retirement System.--Section 8414 of such title is amended by adding at the end the following new subsection: ``(d)(1) An employee of the Department of the Air Force who is separated from the service voluntarily as a result of a determination described in paragraph (2) after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. ``(2) A determination under this paragraph is a determination by the Secretary of the Air Force that the separation described in paragraph (1) is necessary for the purpose of maintaining continuity of skills among employees of the Department of the Air Force and adapting the skills of the workforce of the Department to emerging technologies critical to the needs and goals of the Department.''. (d) Limitation of Applicability.--The authority to provide separation pay and retirement benefits under the amendments made by this section-- (1) may be exercised with respect to not more than 1000 civilian employees of the Department of the Air Force during each calendar year; and (2) shall expire on the date that is five years after the date of the enactment of this Act. SEC. 3. AIR FORCE EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR TECHNICAL PERSONNEL. (a) Program Authorized.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of the Air Force may carry out a program of experimental use of the special personnel management authority provided in subsection (b) in order to facilitate recruitment of civilian personnel to perform the following: (1) Research and exploratory or advanced development. (2) Acquisition of major weapons systems, excluding sustainment activities. (b) Special Personnel Management Authority.--(1) Under the program, the Secretary may-- (A) appoint eminent scientists and engineers from outside the civil service and uniformed services (as such terms are defined in section 2101 of title 5, United States Code) to not more than 62 positions in the Department of the Air Force without regard to the provisions of such title governing the appointment of employees in the civil service, except that the Secretary shall-- (i) provide for consideration of veterans' preference eligibility as described in section 2108 of such title; and (ii) follow merit system principles, as established in chapter 23 of such title; (B) prescribe the rates of basic pay for positions to which employees are appointed under subparagraph (A) at rates not in excess of the rate payable for positions at level I of the Executive Schedule under section 5312 of such title; and (C) make payments to any employee appointed under subparagraph (A) in addition to basic pay within the limitation applicable to the employee under subsection (d)(1). (2) Of the 62 positions described in paragraph (1)-- (A) 50 of such positions shall be allocated to organizations performing research and exploratory or advanced development; and (B) 12 of such positions shall be allocated to organizations whose primary mission is the development and acquisition of major weapons systems, excluding sustainment activities. (c) Limitation on Term of Appointment.--(1) Except as provided in paragraph (2), the service of an employee under an appointment under subsection (b)(1) may not exceed 4 years. (2) The Secretary may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by not more than 2 years if the Secretary determines that such action in necessary to promote the efficiency of the Department of the Air Force. (d) Limitations on Additional Payments.--(1) The total amount of additional payments paid to an employee under subsection (b)(1)(C) for any 12-month period may not exceed the lesser of the following amounts: (A) $25,000. (B) The amount equal to 25 percent of the employee's annual rate of basic pay. (2) An employee appointed under subsection (b)(1) is not eligible for a bonus, monetary award, or other monetary incentive for service other than payments authorized under subsection (b)(1)(C). (e) Period of Program.--(1) The program authorized under this section shall terminate at the end of the 5-year period referred to in subsection (a). (2) After the termination of the program-- (A) no appointment may be made under subsection (b)(1); (B) a rate of basic pay prescribed under subsection (b)(1)(B) may not take effect for a position; and (C) no period of service may be extended under subsection (c). (f) Savings Provisions.--In the case of an employee who, on the day before the termination of the program, is serving in a position pursuant to an appointment under subsection (b)(1)-- (1) the termination of the program shall not terminate the employee's employment in that position before the expiration of the lesser of-- (A) the period for which the employee was appointed; or (B) the period to which the employee's service is limited under subsection (c), including any extension made under paragraph (2) of that subsection before the termination of the program; and (2) the rate of basic pay prescribed for the position under subsection (b)(1)(B) may not be reduced for so long (within the period applicable to the employee under paragraph (1)) as the employee continues to serve in the position without a break in service. (g) Annual Report.--(1) Not later than October 15 of each of years 2001 through 2006, the Secretary shall submit a report on the program to the Committees on Armed Services of the Senate and the House of Representatives. (2) The annual report shall contain, for the period covered by the report, the following: (A) A detailed discussion of the exercise of authority under this section. (B) The sources from which individuals appointed under subsection (b)(1) were recruited. (C) The methodology used for identifying and selecting such individuals. (D) Any additional information that the Secretary considers helpful for assessing the utility of the authority under this section. SEC. 4. AIR FORCE EXPERIMENTAL HIRING PROGRAM. (a) Program Authorized.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of the Air Force may carry out a program of experimental use of the authority provided in subsections (b), (c), and (d) in order to facilitate recruitment of civilian personnel to carry out the following: (1) Research and exploratory or advanced development. (2) Acquisition of major weapons systems, excluding sustainment activities. (b) Category Ranking.--(1) Notwithstanding sections 3309, 3313, 3317(a), and 3318(a) of title 5, United States Code, the Secretary may provide that applicants for positions in the Department of the Air Force be evaluated according to a quality category rating system based on relative degrees of merit, rather than according to numerical ratings. (2) Under the system described in paragraph (1), each applicant who meets the minimum qualification requirements shall be assigned to the appropriate category based on an evaluation of the quality of the applicant's knowledge, skills, and abilities relative to successful performance in the position to be filled. (3) Within each such quality category, applicants who are eligible for veterans' preference under section 2108 of such title shall have priority over applicants who are not eligible for such preference. (4)(A) Each applicant, other than applicants for scientific and professional positions at the GS-9 level or above, or the equivalent, who meets the minimum qualifications requirements and who is eligible for veterans' preference under section 2108(3)(C) of such title and who has a compensable service-connected disability of 10 percent or more shall have the highest priority in the quality category. (B) Applicants for scientific or professional positions at the GS-9 level or above, or the equivalent, shall be listed within their category grouping, except that applicants who are eligible for veterans' preference under such section 2108 shall have priority over applicants who are not eligible for preference. Among preference eligibles, preference shall be given without regard to the type of preference. (5) Under the system described in paragraph (1), an appointing official may select any qualified applicant within the highest category, except that such an official may not pass over a preference eligible for an individual who is not a preference eligible in the same category unless the requirements of section 3312(b) or 3318(b) of title 5, United States Code, are satisfied. If fewer than 3 applicants have been assigned to the highest category, an appointing official may select any qualified applicant in the next lower category or categories, if necessary to provide a pool of at least 3 qualified applicants. An appointing official may not pass over a preference eligible applicant to select a nonpreference eligible applicant in a lower category. (c) Shortage and Critical Need Hiring Authority.--(1) Notwithstanding section 3304(b) of title 5, United States Code, the Secretary of the Air Force may appoint individuals into the competitive service to fill civilian positions in the Department of the Air Force without competition, provided public notice has been given and the positions meet one of the following criteria: (A) There is a severe shortage of qualified candidates for the position. (B) There is a need for expedited hiring for the position. (C) The position is unique and has special qualifications. (D) The position has a historically high turnover rate. (2) The Secretary may appoint individuals with exceptional academic qualifications or special experience to positions described in paragraph (1). Individuals who qualify on the basis of education must possess a cumulative grade point average of 3.5 or higher on a 4.0 scale (or the equivalent grade point average on a different scale). (3) Applicants who are eligible for veterans' preference under section 2108 of title 5, United States Code, shall have priority over applicants who are not eligible for such preference. Among preference eligibles, a preference eligible applicant under subparagraphs (C) through (G) of section 2108(3) of such title shall have priority over an applicant who is eligible for preference under subparagraphs (A) or (B) of such section. An appointing official may not pass over a preference eligible applicant to select a nonpreference eligible applicant unless the requirements of section 3312(b) or 3318(b) of such title are satisfied.", "summary": "Entitles employees who are voluntarily separated for the above reasons after completing 25 years of service or after becoming 50 years of age and completing 20 years of service to an annuity under either the Civil Service Retirement System or the Federal Employees' Retirement System. Limits the provision of such pay and annuity benefits to not more than 1000 employees in a calendar year. Terminates such authority five years after the enactment of this Act. Authorizes the Secretary of the Air Force, during the five-year period beginning on the enactment of this Act, to carry out a program of experimental use of special personnel management authority to appoint scientists and engineers from outside the civil service to perform: (1) research and exploratory or advanced development; and (2) acquisition of major weapons systems. Limits the number of such appointments to 62, with 50 appointed for the research and development positions and 12 for the acquisition positions. Limits the appointment term to four years, with an authorized two-year extension when necessary to promote Air Force efficiency. Limits the total amount to be paid to employees for any 12-month period as payments in addition to basic pay (offered to recruit highly-qualified individuals). Requires an annual program report from the Secretary to the congressional defense committees during 2001 through 2006. Authorizes the Secretary, during the same period, to carry out a program of experimental hiring for the above positions, using an employee rating system based on relative degrees of merit rather than numerical ratings. Gives priority to candidates with a service- connected disability rating of ten percent or more. Authorizes the Secretary to appoint individuals to fill civilian Air Force positions without competition, provided that public notice has been given and: (1) there is a severe shortage of qualified candidates; (2) there is a need for expediting such hiring; (3) the position is unique and has special qualifications; or (4) the position has a historically high turnover rate. Authorizes the Secretary to appoint to such positions individuals with exceptional academic qualifications (grade point average of 3.5 or higher) or special experience. Gives priority to applicants who are eligible for the veterans' preference."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``NOAA Corps Disestablishment Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to disestablish the Corps of Commissioned Officers of the National Oceanic and Atmospheric Administration, a uniformed service within the Department of Commerce; (2) to provide for fair treatment of retired officers and officers on the active list of the NOAA Corps, and other employees of the National Oceanic and Atmospheric Administration and the Department of Commerce; and (3) to provide for the retention of professional skills and experience required by NOAA to continue to carry out its mission effectively. SEC. 3. CONVERSION. (a) In General.--Not later than the disestablishment date each conversion-eligible officer who has signed a conversion agreement and the position to which such officer is assigned as of that date shall be converted into the civilian service. (b) Credit for Prior Service.--The total time served in the NOAA Corps and in any other uniformed service by an officer who is converted to the civilian service under subsection (a) shall be-- (1) credited under the Federal Employees' Retirement System in accordance with section 8411(c) of title 5, United States Code (and subject to any limitations in such section 8411(c) of such title), if the officer pays the deposit required by section 8422(e) of such title; (2) deemed to be creditable civilian service for the purposes of section 8410 of such title concerning eligibility for annuity, section 8442(b) of such title concerning rights of a widow or widower, and section 8451(a) of such title concerning disability retirement; and (3) credited in accordance with, and subject to limitations in, section 3502(a) of such title concerning retention in a reduction in force, and section 6303(a) of such title concerning annual leave accrual. (c) All officers converted to the civilian service under subsection (a) shall be eligible for health insurance in accordance with chapter 89 of title 5, United States Code, with such coverage effective retroactively to the effective date of that officer's conversion. SEC. 4. CONVERSION BENEFIT. (a) In General.--The Secretary shall, subject to the availability of appropriations, provide a conversion benefit to be calculated using the formula provided in section 1174a(b)(2)(A) of title 10, United States Code, to each conversion-eligible officer converted to the civilian service under section 3. (b) Repayment of Benefit Upon Leaving Within 180 Days of Conversion.--Any officer leaving the employment of NOAA within 180 days after conversion to the civilian service under section 3 shall refund to the Treasury an amount equal to 5 percent of the product of-- (1) the member's years of active service, multiplied by (2) 12 times the monthly basic pay to which the member is entitled on the date of the disestablishment of the NOAA Corps. (c) Contributions to the Thrift Savings Fund.--Notwithstanding the time periods set forth at 5 U.S.C. 8432(b), each conversion-eligible officer converted to the civilian service under section 3 shall be eligible immediately to make an election to contribute to the Thrift Savings Fund. SEC. 5. LEAVE AND SUPPLEMENTAL RETIREMENT LIABILITY. (a) Credit for Unused Leave.-- (1) Transferred leave.--Each officer who is in the NOAA Corps on the date of enactment of this Act and who is converted into or appointed to the civilian service without a break in service, shall receive a credit for unused leave which shall be transferred to that officer's credit in the employing agency in accordance with regulations promulgated by the Office of Personnel Management. No lump-sum payment shall be made for the leave that is transferred. (2) Lump-sum payment for leave.--Each officer who is in the NOAA Corps on the date of enactment of this Act and who receives a lump-sum payment for unused leave and is employed in the civilian service prior to the expiration of the period covered by the lump-sum payment, shall refund to the employing agency an amount equal to the compensation covering the period between the date of employment and the expiration of the period covered by such leave payment. The leave represented by any such refund shall be recredited to that officer by the employing agency in accordance with regulations promulgated by the Office of Personnel Management. (b) Retirement Fund Supplemental Liability.--There is authorized to be appropriated to the Civil Service Retirement and Disability Fund an amount equal to the Federal Employee Retirement System supplemental liability created by granting service credit under section 8411 of title 5, United States Code, to those NOAA Corps officers converted into the civilian service under section 3(a) of this Act. Such amount, as determined by the Office of Personnel Management, shall be credited to such Fund no later than September 30, 1998. SEC. 6. ADDITIONAL CIVILIAN POSITIONS. (a) In General.--Not later than the disestablishment date, the Under Secretary shall establish additional civilian positions in NOAA as determined to be necessary for fulfilling essential mission functions and may fill such positions in accordance with customary recruitment procedures. (b) Vacancy Information Provided to Retired Officers and Current Department of Commerce Employees.--Vacancy announcements for any positions described in subsection (a) shall be provided to each officer who retires after the date of enactment of this act and vacancy information shall be made available to current employees of the Department of Commerce at the initiation of a recruitment action concerning such positions. SEC. 7. DISESTABLISHMENT. (a) Disestablishment.--The Commissioned Officers Corps of the National Oceanic and Atmospheric Administration is disestablished as of October 1, 1997. (b) Eligibility for Noncompetitive Appointments.-- (1) Invountary separations.--Each officer in the NOAA Corps on the date of enactment of this Act, shall be afforded noncompetitive appointment eligibility for any competitive service position within the Department of Commerce for which the officer meets the minimum qualification requirements. Eligibility for this special noncompetitive appointment shall begin on the effective date of this Act and extend for-- (A) 1 year, in the case of an officer who has less than 3 years of service in the NOAA Corps, after the officer is involuntarily separated; and (B) 2 years, in the case of any other officer. (2) Appointments and conversions.--Each officer in the NOAA Corps on the date of enactment of this Act who has completed at least 1 year of continuous service as a NOAA Corps officer will acquire competitive status upon appointment or conversion under this Act. Officers who have completed at least 3 years of service in the NOAA Corps or other uniformed service will receive career appointments. All other officers will receive career-conditional appointments and their time in the Corps will be credited towards career tenure. Annual fitness reports shall constitute annual performance ratings for purposes of 5 CFR Part 351, for any officer who is appointed to or is converted into the civilian service, so as to provide entitlement to additional service credit for performance where needed. SEC. 8. SEPARATION AND RETIREMENT OF OFFICERS. (a) Separation.--Each conversion-eligible officer who has not signed a conversion agreement shall be involuntarily separated from the NOAA Corps not later than September 30, 1997. (b) Retirement.--Each officer who is on the active list of the NOAA Corps on the date of the enactment of this Act shall, if eligible to retire not later than September 30, 1997, under any provision of law, be retired under such provision not later than such date. (c) Separation Pay.--Notwithstanding section 11(b) of this Act, any officer involuntarily separated from the NOAA Corps by reason of subsection (a) shall be eligible for separation pay as authorized by section 9 of the Coast and Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853h). (d) Repeal of Cap on Separation Pay.--Section 9 of the Coast and Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853h) is amended by striking-- (1) ``, or $30,000, whichever is less'' in subsection (b)(1)(B); (2) ``, but in no event no more than $15,000'' in subsection (b)(2); and (3) subsection (d)(2). (e) Retirement Eligibility Based on Unused Leave.-- (1) Officers with 15 years' service.--A conversion-eligible officer shall be deemed to have 15 years of active service for purposes of all provisions and regulations concerning retirement of a member of a uniformed service for which a NOAA Corps officer is otherwise eligible if, as of the day prior to the disestablishment date the sum of such officer's length of active service in the NOAA Corps and other uniformed services plus an amount of such officer's unused leave equals or exceeds 15 years. (2) Retirement terms.--An officer described in paragraph (1)-- (A) is ineligible for conversion into the civilian service under section 3(a); (B) shall not qualify as a ``conversion-eligible officer'' as defined in section 13(3); (C) shall be retired under subsection (b) of this section; (D) shall receive retirement pay computed on the sum obtained in paragraph (1); and (E) shall not receive a lump sum payment for leave that is used to qualify for retirement under paragraph (1). SEC. 9. STATUS OF OFFICERS AND ADMINISTRATION OF RETIREMENT BENEFITS. (a) Active NOAA Service Deemed To Be Service in the Navy.-- Effective on the disestablishment date, and as determined and credited by the Secretary of Commerce, the active service of each officer in the NOAA Corps and its predecessors who has retired shall be deemed to have been active service in the United States Navy for purposes of determining the rights, privileges, and benefits administered by the Department of Defense to which such officer and the officer's dependents and survivors are entitled. (b) Administration by Department of Defense of Retired Pay, Survivor and other Benefits.--Effective on the disestablishment date, authority and responsibility for the administration of retired pay for retired officers of the former NOAA Corps, survivor benefit annuities for their survivors, and all rights, privileges and benefits to which retired officers of the former NOAA Corps and its predecessors, their dependents and survivors are entitled in accordance with subsection (a) is transferred to the Secretary of the Navy. Such retired pay and survivor benefits shall be paid from the Department of Defense Military Retirement Fund. The one-time change in unfunded liability in that fund resulting from this subsection shall be considered to be an actuarial loss under the provisions of section 1465(c)(3) of title 10, United States Code. The cost of all other benefits, including those concerning health and dental care, provided to each officer and the officer's dependents and survivors in accordance with subsection (a) shall be paid from amounts appropriated to the Department of Defense. (c) Retired Pay Administration.--Effective on the disestablishment date-- (1) Section 1461(b) of title 10, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``, and''; and (C) by adding at the end the following new paragraph: ``(4) the provisions of law that created entitlement to, and determined the amount of, retired pay for retired officers of the former Commissioned Officers Corps of the National Oceanic and Atmospheric Administration and its predecessors (as in effect before the disestablishment of that corps by the NOAA Corps Disestablishment Act).''. (2) Section 1461 of such title is amended by adding at the end thereof the following new subsection: ``(c) For purposes of subsection (b)(2) and section 1463(a)(4) of this title, the term `armed forces' shall be considered to include the former Commissioned Officers Corps of the National Oceanic and Atmospheric Administration and its predecessors.''. (3) Section 1463(a)(1) of such title is amended by inserting ``and to retired officers of the former Commissioned Officers Corps of the National Oceanic and Atmospheric Administration and its predecessors'' before the semicolon at the end. (d) Actions by Secretary.--The Secretary shall-- (1) transfer promptly to the Secretary of the Navy all records required to implement this section; and (2) advise all retired members of the former NOAA Corps and its predecessors or their survivors of the functions to be assumed by the Secretary of the Navy under this Act. (e) Treatment of Prior Active Service.--Effective on the disestablishment date, and except as provided in subsection (a), the active service of an officer in the NOAA Corps and its predecessors (including that of an officer who has retired) shall continue to be treated as active duty in a uniformed service as provided in applicable law. SEC. 10. DISABILITY DETERMINATIONS. (a) In General.--Not later than the disestablishment date, the Secretary of Commerce shall, under section 1210(b) of title 10, United States Code, and based upon a physical examination, make a final determination of the case of each officer of the NOAA Corps whose name is on the temporary disabled retired list under section 1202 of such title. As provided in the second sentence of section 1210(b) of such title, if, at the time of that determination, the physical disability for which the officer's name was carried on the temporary disability retired list still exists, it shall be considered to be permanent and stable. Such an officer shall be retired in accordance with section 1210(c) or 1210(d) of such title or separated in accordance with section 1210(e) of such title, as applicable. (b) Substitution of Terms.--For purposes of making the determination required by subsection (a) under section 1210(b) of title 10, United States Code, ``15 years of service'' shall be substituted for ``20 years of service'' in sections 1210(d) and 1210(e) of that title. (c) Disposition of Officers Determined Not To Be Disabled.--If, upon a final determination under subsection (a), it is determined that the officer is physically fit to perform the duties of the officer's rank, the officer shall be either-- (1) converted into the civilian service if eligible in accordance with section 3(a), provided that the officer has signed a conversion agreement; or (2) retired or separated in accordance with section 8. SEC. 11. AMENDMENTS AND REPEALS. (a) Amendments.--The Coast and Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853a-853u) is amended-- (1) by striking subsection (b) in section 8 and redesignating subsection (c) as subsection (b); and (2) by striking ``under section 8'' in section 9. (b) Repeals.--The following provisions of law are repealed effective on the disestablishment date: (1) The Coast and Geodetic Survey Commissioned Officers Act of 1948, (33 U.S.C. 853a-853u). (2) The Act of February 16, 1929, (Chapter 221, section 5, 45 Stat. 1187; 33 U.S.C. 852a). (3) The Act of January 19, 1942, (Chapter 6; 56 Stat. 6). (4) Section 9 of Public Law 87-649, (76 Stat. 495). (5) The Act of May 22, 1917, (Chapter 20, Section 16; 40 Stat. 87; 33 U.S.C. 854 et seq.). (6) The Act of December 3, 1942, (Chapter 670; 56 Stat.1038). (7) Sections 1 through 5 of Public Law 91-621, (84 Stat. 1863; 33 U.S.C. 857-1 et seq.). (8) The Act of August 10, 1956, (Chapter 1041, section 3; 70A Stat. 619; 33 U.S.C. 857a). (9) The Act of May 18, 1920, (Chapter 190, section 11; 41 Stat. 603; 33 U.S.C. 864). (10) The Act of July 22, 1947, (Chapter 286; 61 Stat. 400; 33 U.S.C. 873, 874). (11) The Act of August 3, 1956, (Chapter 932; 70 Stat. 988; 33 U.S.C. 875, 876). (c) Continuing Application.--No repeal under this section shall affect any annuity or other benefit authorized under provision of law so repealed, based on the separation of any person from the NOAA Corps or its predecessors. SEC. 12. IMPLEMENTING AUTHORITIES. Without regard to any other provision of law and without prior notification, the Secretary is authorized to establish, eliminate or reorganize any office within NOAA as determined by the Secretary to be necessary or appropriate to carry out the purposes of this Act. Not later than 2 years after enactment, the Secretary shall submit a report to the appropriate committees of Congress describing the actions taken under this section. SEC. 13. DEFINITIONS. For purposes of this Act, the term -- (1) ``Conversion Agreement'' means an agreement which states that a conversion-eligible officer agrees to be converted to the civilian service and will remain in the position assigned at the time of conversion or in another NOAA position as assigned after conversion for 180 days following such conversion; (2) ``Conversion Eligible Officer'' means an officer in the NOAA Corps on the date of enactment of this Act whose active service in the NOAA Corps and in any other uniformed service as of the disestablishment date will total less than 15 years, except as provided in section 8(e); (3) ``disestablishment date'' means October 1, 1997; (4) ``NOAA'' means the National Oceanic and Atmospheric Administration; (5) ``NOAA Corps'' means the Corps of Commissioned Officers of the National Oceanic and Atmospheric Administration; (6) ``Predecessors'' means the former Commissioned Officers Corps of the Environmental Sciences Services Administration and the former Commissioned Officers Corps of the Coast and Geodetic Survey; (7) ``Secretary'' means the Secretary of Commerce; and (8) ``Under Secretary'' means the Under Secretary of Commerce for Oceans and Atmosphere.", "summary": "NOAA Corps Disestablishment Act - Converts to civilian service each conversion-eligible officer in the National Oceanic and Atmospheric Administration (NOAA) Corps of Commissioned Officers who has signed a conversion agreement and the position to which the officer is assigned. Provides for a conversion benefit, Thrift Savings Plan eligibility, and credit for unused leave. Authorizes appropriations to the Civil Service Retirement and Disability Fund equal to the Federal Employee Retirement System supplemental liability created by granting service credit. (Sec. 6) Mandates establishment of additional NOAA civilian positions. (Sec. 7) Disestablishes the Corps as of October 1, 1997. Provides for noncompetitive appointment eligibility in the Department of Commerce. (Sec. 8) Separates conversion-eligible officers who do not sign a conversion agreement, with eligibility for separation pay. Amends the Coast and Geodetic Survey Commissioned Officers Act of 1948 to remove dollar caps on separation pay. Provides for retirement eligibility and terms. (Sec. 9) Deems Corps service to have been active service in the Navy. Provides for the administration of retired pay, survivor, and other benefits. Makes related amendments to Federal law provisions relating to the Department of Defense Military Retirement Fund. (Sec. 10) Mandates a final determination, based on a physical examination, regarding each officer on the temporarily disabled retired list. (Sec. 11) Repeals: (1) the Coast and Geodetic Survey Commissioned Officers Act of 1948 and numerous other Federal Acts and provisions related to the Corps; and (2) provisions authorizing extra compensation to members of vessel crews when assigned duties as instrument observer or recorder and to other Federal agencies' employees while observing tides or currents or tending seismographs or magnetographs. (Sec. 12) Authorizes the establishment, elimination, or reorganization of any office in NOAA as necessary or appropriate to carry out the purposes of this Act. Mandates a report to the Congress describing any such actions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Freedom Agenda Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Unchecked power by any branch leads to oppressive transgressions on individual freedoms and ill-considered government policies. (2) The Founding Fathers enshrined checks and balances in the Constitution to protect against government abuses to derail ill-conceived domestic or foreign endeavors. (3) Checks and balances make the Nation safer by preventing abuses that would be exploited by Al Qaeda to boost terrorist recruitment, would deter foreign governments from cooperating in defeating international terrorism, and would make the American people reluctant to support aggressive counter- terrorism measures. (4) Checks and balances have withered since 9/11 and an alarming concentration of power has been accumulated in the presidency based on hyper-inflated fears of international terrorism and a desire permanently to alter the equilibrium of power between the three branches of government. (5) The unprecedented constitutional powers claimed by the President since 9/11 subtracted national security and have been asserted for non-national security purposes. (6) Experience demonstrates that global terrorism can be thwarted, deterred, and punished through muscular application of law enforcement measures and prosecutions in Federal civilian courts in lieu of military commissions or military law. (7) Congressional oversight of the executive branch is necessary to prevent secret government, which undermines self- government and invites lawlessness and maladministration. (8) The post-9/11 challenges to checks and balances are unique in the Nation's history because the war on global terrorism has no discernable end. (b) Purpose.--The American Freedom Agenda Act of 2007 is intended to restore the Constitution's checks and balances and protections against government abuses as envisioned by the Founding Fathers. SEC. 3. MILITARY COMMISSIONS; ENEMY COMBATANTS; HABEAS CORPUS. (a) The Military Commissions Act of 2006 is hereby repealed. (b) The President is authorized to establish military commissions for the trial of war crimes only in places of active hostilities against the United States where an immediate trial is necessary to preserve fresh evidence or to prevent local anarchy. (c) The President is prohibited from detaining any individual indefinitely as an unlawful enemy combatant absent proof by substantial evidence that the individual has directly engaged in active hostilities against the United States, provided that no United States citizen shall be detained as an unlawful enemy combatant. (d) Any individual detained as an enemy combatant by the United States shall be entitled to petition for a writ of habeas corpus under section 2241 of title 28, United States Code. SEC. 4. TORTURE OR COERCED CONFESSIONS. No civilian or military tribunal of the United States shall admit as evidence statements extracted from the defendant by torture or coercion. SEC. 5. INTELLIGENCE GATHERING. No Federal agency shall gather foreign intelligence in contravention of the Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.). The President's constitutional power to gather foreign intelligence is subordinated to this provision. SEC. 6. PRESIDENTIAL SIGNING STATEMENTS. The House of Representatives and Senate collectively shall enjoy standing to file a declaratory judgment action in an appropriate Federal district court to challenge the constitutionality of a presidential signing statement that declares the President's intent to disregard provisions of a bill he has signed into law because he believes they are unconstitutional. SEC. 7. KIDNAPPING, DETENTIONS, AND TORTURE ABROAD. No officer or agent of the United States shall kidnap, imprison, or torture any person abroad based solely on the President's belief that the subject of the kidnapping, imprisonment, or torture is a criminal or enemy combatant; provided that kidnapping shall be permitted if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process. A knowing violation of this section shall be punished as a felony punishable by a fine or imprisonment of up to 2 years. SEC. 8. JOURNALIST EXCEPTION TO ESPIONAGE ACT. Nothing in the Espionage Act of 1917 shall prohibit a journalist from publishing information received from the executive branch or Congress unless the publication would cause direct, immediate, and irreparable harm to the national security of the United States. SEC. 9. USE OF SECRET EVIDENCE TO MAKE FOREIGN TERRORIST DESIGNATIONS. Notwithstanding any other law, secret evidence shall not be used by the President or any other member of the executive branch to designate an individual or organization with a United States presence as a foreign terrorist or foreign terrorist organization for purposes of the criminal law or otherwise imposing criminal or civil sanctions.", "summary": "American Freedom Agenda Act of 2007 - Repeals the Military Commissions Act of 2006. Authorizes the President to establish military commissions for the trial of war crimes only in places of active hostilities against the United States where an immediate trial is necessary to preserve fresh evidence or to prevent local anarchy. Prohibits the President from detaining any individual indefinitely as an unlawful enemy combatant absent proof by substantial evidence that the individual has directly engaged in active hostilities against the United States. Prohibits the detention of any U.S. citizen as an unlawful enemy combatant. Entitles any individual detained as an enemy combatant by the United States to petition for a writ of habeas corpus. Prohibits any civilian or military tribunal of the United States from admitting as evidence statements extracted from the defendant by torture or coercion. Prohibits any federal agency from gathering foreign intelligence in contravention of the Foreign Intelligence Surveillance Act. Subordinates the President's constitutional power to gather foreign intelligence to such prohibition. Gives the House of Representatives and Senate standing to file a declatory judgment action in an appropriate federal district court to challenge the constitutionality of a presidential signing statement that declares the president's intent to disregard provisions of a bill he has signed into law because he believes they are unconstitutional. Prohibits any U.S. officer or agent from kidnapping, imprisoning, or torturing any person abroad based soley on the president's belief that the subject of the action is a criminal or enemy combatant. Allows kidnapping if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process. Provides that nothing in the Espionage Act of 1917 shall prohibit a journalist from publishing information received from the executive branch or Congress unless the publication would cause direct, immediate, and irreparable harm to U.S. national security. Prohibits the use of secret evidence by the President or any other member of the executive branch to designate an individual or organization with a U.S. presence as a foreign terrorist or foreign terrorist organization for purposes of the criminal law or civil sanctions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Opportunities for Military Members to Use Transportation Efficiently Act of 2014'' or the ``COMMUTE Act of 2014''. SEC. 2. MILITARY COMMUNITY INFRASTRUCTURE PROGRAM. (a) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a Military Community Infrastructure Program under which the Secretary may provide grants to eligible entities for transportation infrastructure improvement projects in military communities. (b) Application.--To be eligible for a grant under the Program, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. (c) Eligible Projects.-- (1) In general.--Grants awarded under the Program may be used for transportation infrastructure improvement projects, including-- (A) the construction of roads; (B) the construction of mass transit and parking facilities; (C) the construction of, or upgrades to, pedestrian access and bicycle access; and (D) upgrades to public transportation systems. (2) Location.--To be eligible for a grant under the Program, a project described in paragraph (1) shall be-- (A) related to improving access to a military installation, as determined by the Secretary; and (B) in a location that is-- (i) within or abutting an urbanized area (as designated by the Bureau of the Census); and (ii) designated as a growth community by the Office of Economic Adjustment. (d) Considerations.--In awarding grants under the Program, the Secretary shall give consideration to-- (1) the magnitude of the problem addressed by the project; (2) the proportion of the problem addressed by the project that is caused by military installation growth since the year 2000; (3) the number of servicemembers and civilian employees of the Department of Defense affected by the problem addressed by the project; (4) the size of the community affected by the problem addressed by the project; (5) the ability of the relevant eligible entity to execute the project; and (6) the extent to which the project resolves the transportation problem addressed. (e) Federal Share.--The Federal share of the cost of a project carried out using grant amounts made available under the Program may not exceed 80 percent. SEC. 3. TRAFFIC IMPACT STUDY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a traffic impact study for any urbanized area (as designated by the Bureau of the Census) that expects a significant increase in traffic related to a military installation within or abutting the urbanized area. (b) Contents.--A traffic impact study under subsection (a) shall determine any transportation improvements needed because of an increase in the number of military personnel, including study of commute sheds affected by installation-related traffic. (c) Consultation.--In developing a traffic impact study under subsection (a), the Secretary shall consult with-- (1) the metropolitan planning organization or regional transportation planning organization with jurisdiction over the urbanized area; and (2) the commander of the appropriate military installation. SEC. 4. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State or political subdivision thereof; (B) an owner or operator of public transportation; (C) a local governmental authority (as such term is defined in section 5302 of title 49, United States Code); (D) a metropolitan planning organization; or (E) a regional transportation planning organization. (2) Metropolitan planning organization and regional transportation planning organization.--The terms ``metropolitan planning organization'' and ``regional transportation planning organization'' have the meanings given those terms in section 134(b) of title 23, United States Code. (3) Secretary.--The term ``Secretary'' means the Secretary of Defense, acting through the Director of the Office of Economic Adjustment. (4) State.--The term ``State'' means each of the several States, the District of Columbia, and any territory or possession of the United States. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated, to carry out this Act, $200,000,000 for fiscal year 2015 and $100,000,000 for each of fiscal years 2016 through 2019, to remain available until expended.", "summary": "Creating Opportunities for Military Members to Use Transportation Efficiently Act of 2014 or the COMMUTE Act of 2014 - Directs the Secretary of Defense, acting through the Director of the Office of Economic Adjustment, to establish a Military Community Infrastructure Program to provide grants to a state or political subdivision, a public transportation owner or operator, a local governmental authority, a metropolitan planning organization (MPO), or a regional transportation planning organization for transportation infrastructure improvement projects in military communities. Directs the Secretary to conduct a traffic impact study for any urbanized area that expects a significant increase in traffic due to a military installation within or abutting such area."}
{"article": "SECTION 1. AMENDMENTS RELATED TO SUPPLEMENTAL WATER SUPPLY AND FUNDING. (a) Supplemental Water Supply.--Section 106(a) of the San Luis Rey Indian Water Rights Settlement Act (Public Law 100-675; 102 Stat. 4000) is amended to read as follows: ``(a) Obligation To Arrange for Development of Water for Bands and Local Entities.-- ``(1) To provide a supplemental water supply for the benefit of the Bands and the local entities, subject to the provisions of the settlement agreement, the Secretary shall-- ``(A) arrange for the development of not more than 16,000 acre-feet per year of supplemental water from public lands within the boundaries of the State of California outside the service area of the Central Valley Project; ``(B) obtain not more than 16,000 acre-feet per year either from water conserved by the works authorized in title II, or through contract with the Metropolitan Water District of Southern California; or ``(C) construct that portion of the works authorized in title II that is necessary to conserve 16,000 acre-feet of water per year, and arrange to deliver such water to the Bands and the local entities by exchange or through contract with the Metropolitan Water District of Southern California and other parties with conveyance facilities. ``(2) Except as provided in subsection (d)(3), the right to the 16,000 acre-feet of water per year provided pursuant to paragraph (1) shall be held in perpetuity by the United States in trust for the San Luis Rey Indian Water Authority and shall be subject to the provisions of this title and of the settlement agreement governing the use and disposition of supplemental water. The use of such water shall not be subject to the provisions of section 204. Nothing in this section or any other provision of this title shall authorize the construction of any new dams, reservoirs, or surface water storage facilities.''. (b) Authorization of Appropriations.--Section 106(d) of such Act is amended to read as follows: ``(d) Cost of Developing and Delivering Water.-- ``(1) Use of federal funds.--There are authorized to be appropriated such funds as may be necessary to construct that portion of the works authorized in title II that is necessary to conserve 16,000 acre-feet of water per year. Neither the costs of delivering supplemental water nor the costs of operating, maintaining, and replacing the works necessary to conserve 16,000 acre-feet of water per year once those works have been constructed shall be borne by the United States, and no Federal appropriations are authorized for those purposes. ``(2) Operation and maintenance determination.--The Secretary shall determine the impact of the works constructed pursuant to subsection (a)(1)(C) on the cost of operation and maintenance and the existing regulating and storage capacity of the All American Canal and its Coachella Branch. If the works result in any added operation and maintenance costs which exceed the benefits derived from increasing the regulating and storage capacity of the canals to the Imperial Irrigation District or the Coachella Valley Water District, the Indian Water Authority and the local entities shall reimburse the agency which experiences such additional costs on an annual basis pursuant to the Secretary's determination. ``(3) Obligation to maintain conservation provided by works.--The right to 16,000 acre-feet of water per year obtained by the construction of the works described in subsection (a)(1)(C), although perpetual in nature, is subject to the works described in subsection (a)(1)(C) being maintained so as to continue to conserve 16,000 acre-feet of water per year as compared to the situation that existed prior to the construction of those works. The Secretary shall determine the amount of water so conserved by said works on an ongoing basis, and shall allow said water to be delivered to the Indian Water Authority and the local entities only to the extent that said water has actually been so conserved by said works.''. (c) Limitation on Funds.--Section 203(e)(1) of such Act is amended to read as follows: ``(1) Except as provided in section 106(d), no Federal funds may be used for construction of the works described in subsection (a)(1).''. (d) Beneficial Use in California.--Section 204(b) of such Act is amended to read as follows: ``(b) Beneficial Use in California.-- ``(1) The water identified in subsection (a) (other than that provided pursuant to section 106(a)) shall be made available, subject to the approval requirement established in section 203(c)(3), for consumptive use by California Contractors within their service areas according to their priorities under the Seven Party Agreement. ``(2) If the water made available under paragraph (1) is used during the term of the funding agreements by a California Contractor other than a Participating Contractor, or a Participating Contractor in an amount in excess of its proportionate share as measured by the amount of its contributed funds in relation to the total contributed funds, such contractor shall reimburse the Participating Contractors in an amount equal to the sum of-- ``(A) the annualized amounts of their respective contributions which funded the conservation of water so used; ``(B) any added costs of operation and maintenance as determined in section 203(b); and ``(C) related mitigation costs under section 203(a)(2). ``(3) Reimbursements made pursuant to paragraph (3) shall be based on the costs each Participating Contractor incurs in contributing funds, its total contribution, and the life of the works.''.", "summary": "Amends the San Luis Rey Indian Water Rights Settlement Act to direct the Secretary of the Interior, as an alternative by which to provide a supplemental water supply for the benefit of certain Mission Indian Bands in San Diego County, California, and the City of Escondido, California, the Escondido Mutual Water Company, and the Vista Irrigation District (local entities) to construct that portion of the All-American Canal Lining that is necessary to conserve 16,000 acre-feet of water per year and arrange to deliver such water to the Bands and such local entities by exchange or through contract with the Metropolitan Water District of Southern California and other parties with conveyance facilities. Requires the right to such water to be held in perpetuity by the United States in trust for the San Luis Rey Indian Water Authority subject to such Act and the settlement agreement governing the use and disposition of supplemental water. Authorizes appropriations for such construction, but prohibits Federal funding for operating, maintenance, or replacement costs. Directs the Secretary to determine the impact of such works constructed on the cost of operation and maintenance and the existing regulating and storage capacity of the All-American Canal and its Coachella Branch. Requires, if the works result in any added operation and maintenance costs which exceed the benefits derived from increasing the regulating and storage capacity of the canals to the Imperial Irrigation District or the Coachella Valley Water District, the Indian Water Authority and the local entities shall reimburse the agency which experiences such additional costs on an annual basis pursuant to the Secretary's determination. States that the right to 16,000 acre-feet of water per year obtained by such construction is subject to such works being maintained so as to continue to conserve 16,000 acre-feet of water per year as compared to the situation that existed prior to the construction. Provides for the Secretary to determine the amount of water so conserved on an ongoing basis and to allow only such water as has actually been conserved to be delivered to the Indian Water Authority and the local entities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``The Enhanced Rescission/Receipts Act of 1993''. SEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY. (a) In General.--Notwithstanding the provisions of part B of title X of The Congressional Budget and Impoundment Control Act of 1974, and subject to the provisions of this section, the President may rescind all or part of any discretionary budget authority or veto any targeted tax benefit within any revenue bill which is subject to the terms of this Act if the President-- (1) determines that-- (A) such rescission or veto would help reduce the Federal budget deficit; (B) such rescission or veto will not impair any essential Government functions; and (C) such rescission or veto will not harm the national interest; and (2) notifies the Congress of such rescission or veto by a special message not later than twenty calendar days (not including Saturdays, Sundays, or holidays) after the date of enactment of a regular or supplemental appropriation act or a joint resolution making continuing appropriations providing such budget authority or a revenue bill containing a targeted tax benefit. The President shall submit a separate rescission message for each appropriation bill and for each revenue bill under this paragraph. SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED. (a)(1) Any amount of budget authority rescinded under this Act as set forth in a special message by the President shall be deemed canceled unless, during the period described in subsection (b), a rescission/receipts disapproval bill making available all of the amount rescinded is enacted into law. (2) Any provision of law vetoed under this Act as set forth in a special message by the President shall be deemed repealed unless, during the period described in subsection (b), a rescission/receipts disapproval bill restoring that provision is enacted into law. (b) The period referred to in subsection (a) is-- (1) a congressional review period of twenty calendar days of session during which Congress must complete action on the rescission/receipts disapproval bill and present such bill to the President for approval or disapproval; (2) after the period provided in paragraph (1), an additional ten days (not including Sundays) during which the President may exercise his authority to sign or veto the rescission/receipts disapproval bill; and (3) if the President vetoes the rescission/receipts disapproval bill during the period provided in paragraph (2), an additional five calendar days of session after the date of the veto. (c) If a special message is transmitted by the President under this Act and the last session of the Congress adjourns sine die before the expiration of the period described in subsection (b), the rescission or veto, as the case may be, shall not take effect. The message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the review period referred to in subsection (b) (with respect to such message) shall run beginning after such first day. SEC. 4. DEFINITIONS. As used in this Act: (1) The term ``rescission/receipts disapproval bill'' means a bill or joint resolution which-- (A) only disapproves a rescission of budget authority, in whole, rescinded, or (B) only disapproves a veto of any provision of law that would decrease receipts, in a special message transmitted by the President under this Act. (2) The term ``calendar days of session'' shall mean only those days on which both Houses of Congress are in session. (3) The term ``targeted tax benefit'' means any provision which has the practical effect of providing a benefit in the form of a differential treatment to a particular taxpayer or a limited class of taxpayers, whether or not such provision is limited by its terms to a particular taxpayer or a class of taxpayers. Such term does not include any benefit provided to a class of taxpayers distinguished on the basis of general demographic conditions such as income, number of dependents, or marital status. SEC. 5. CONGRESSIONAL CONSIDERATION OF LEGISLATIVE LINE ITEM VETO RESCISSIONS. (a) Presidential Special Message.--Whenever the President rescinds any budget authority as provided in this Act or vetoes any provision of law as provided in this Act, the President shall transmit to both Houses of Congress a special message specifying-- (1) the amount of budget authority rescinded or the provision vetoed; (2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; (3) the reasons and justifications for the determination to rescind budget authority or veto any provision pursuant to this Act; (4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the rescission or veto; and (5) all factions, circumstances, and considerations relating to or bearing upon the rescission or veto and the decision to effect the rescission or veto, and to the maximum extent practicable, the estimated effect of the rescission upon the objects, purposes, and programs for which the budget authority is provided. (b) Transmission of Messages to House and Senate.-- (1) Each special message transmitted under this Act shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committees of the House of Representatives and the Senate. Each such message shall be printed as a document of each House. (2) Any special message transmitted under this Act shall be printed in the first issue of the Federal Register published after such transmittal. (c) Referral of Rescission/Receipts Disapproval Bills.--Any rescission/receipts disapproval bill introduced with respect to a special message shall be referred to the appropriate committees of the House of Representatives or the Senate, as the case may be. (d) Consideration in the Senate.-- (1) Any rescission/receipts disapproval bill received in the Senate from the House shall be considered in the Senate pursuant to the provisions of this Act. (2) Debate in the Senate on any rescission/receipts disapproval bill and debatable motions and appeals in connection therewith, shall be limited to not more than ten hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motions or appeal in connection with such bill shall be limited to one hour, to be equally divided between, and controlled by the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of the bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days not to exceed one, not counting any day on which the Senate is not in session) is not in order. (e) Points of Order.-- (1) It shall not be in order in the Senate or the House of Representatives to consider any rescission/receipts disapproval bill that relates to any matter other than the rescission of budget authority or veto of the provision of law transmitted by the President under this Act. (2) It shall not be in order in the Senate or the House of Representatives to consider any amendment to a rescission/ receipts disapproval bill. (3) Paragraphs (1) and (2) may be waived or suspended in the Senate only by a vote of three-fifths of the members duly chosen and sworn.", "summary": "Enhanced Rescission/Receipts Act of 1993 - Grants the President legislative line item veto rescission authority over appropriation bills and targeted tax benefits in revenue bills. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by special message not later than 20 calendar days after enactment of appropriations or revenue legislation. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission/receipts disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission/receipts disapproval legislation in the Senate and the House of Representatives."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Mortgage Protection Act of 2000.'' SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) especially vulnerable consumers are not adequately protected by current Federal law from the abusive practices of a few participants in the residential mortgage industry; (2) additional legislation is necessary and appropriate to ensure that such consumers are better protected against abusive lending practices; and (3) there is a need to streamline the framework regulating mortgage originations. (b) Purpose.--The purpose of this Act is-- (1) to establish additional substantive protections for certain especially vulnerable consumers; (2) to ensure that such consumers are able to protect the equity in their homes; (3) to initiate the process of streamlining the regulatory framework for mortgage originations; and (4) to clarify mortgage broker compensation. SEC. 3. AMENDMENTS TO THE TRUTH IN LENDING ACT. (a) Section 103(aa)(1)(A).--Section 103(aa)(1)(A) of the Truth in Lending Act (15 U.S.C. 1602(aa)(1)(A)) is amended by striking ``by more than 10 percentage points'' and by striking ``creditor; or'' and inserting the following: ``creditor by more than-- ``(i) 8 percentage points, in the case of a transaction secured by a first-lien security interest in the property; or ``(ii) 9 percentage points, in the case of a transaction secured by a subordinate-lien security interest in the property; or''. (b) Section 103(aa)(1)(B)(i).--Section 103(aa)(1)(B)(i) of the Truth in Lending Act (15 U.S.C. 1602(aa)(1)(B)(i)) is amended by striking ``8 percent'' and inserting ``6 percent, in the case of a transaction secured by a first-lien security interest in the property, or 7 percent, in the case of a transaction secured by a subordinate- lien security interest in the property''. (c) Section 103(aa)(4).--Section 103(aa)(4) of the Truth in Lending Act (15 U.S.C. 1602(aa)(4)) is amended by striking ``For purposes of paragraph (1)(B),'' and inserting ``For purposes of paragraph (1)(B) and section 129(h) of this Act''. (d) Section 103(aa)(5).--Section 103(aa)(5) of the Truth in Lending Act (15 U.S.C. 1602(aa)(5)) is amended by inserting after ``extension of credit'' the following: ``, except as provided in section 129(h) of this Act''. (e) Section 129.--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by striking subsections (a) and (b), redesignating subsections (c) through (i) as subsections (a) through (g), respectively, and redesignating subsections (j) through (l) as subsections (m) through (o), respectively. (f)(1) Section 129(a)(2).--Section 129(a)(2) of the Truth in Lending Act (15 U.S.C. 1639(a)(2)), as redesignated by subsection (e), is amended by striking subparagraphs (A) and (B) and inserting the following: ``(A) the amount of the penalty does not exceed 3 percent of the total loan amount, if the prepayment occurs during the 1-year period beginning on the date on which the mortgage is consummated; ``(B) the amount of the penalty does not exceed 2 percent of the total loan amount, if the prepayment occurs during the 1-year period beginning on the date of expiration of the 1-year period identified in subparagraph (A); ``(C) the amount of the penalty does not exceed 1 percent of the total loan amount, if the prepayment occurs during the 1-year period beginning on the date of the expiration of the 1-year period identified in subparagraph (B);'', and by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively. (2) Section 129(a)(2)(D).--Section 129(a)(2)(D) of the Truth in Lending Act (15 U.S.C. 1639(a)(2)(D)), as redesignated by subsection (e) and paragraph (1), is amended by striking ``5-year period'' and inserting ``3-year period''. (g) Section 129(e).--Section 129(e) of the Truth in Lending Act (15 U.S.C. 1639(e)), as redesignated by subsection (e), is amended by striking ``more than 2'' and inserting ``any''. (h) Section 129(h).--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after section 129(g), as redesignated by subsection (e), the following: ``(h) Restrictions on the Charging of Closing Costs.--A creditor shall not make a mortgage referred to in section 103(aa) the proceeds of which will be used to pay the outstanding balance of an existing mortgage referred to in section 103(aa) within 1 year of the date of consummation of such existing mortgage, unless-- ``(1) all points and fees, imposed directly or indirectly by the creditor in connection with the transaction, are calculated solely on the basis of the new advances received by the borrower in connection with the refinancing; or ``(2) the annual percentage rate of the refinance loan is lower by 2 or more percentage points than the annual percentage rate of the existing mortgage.''. (i) Section 129(i).--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after section 129(h), as created by subsection (h), the following: ``(i) No Encouragement of Default.--A creditor shall not recommend to a consumer, at any time in connection with the making of a mortgage referred to in section 103(aa), that the consumer fail to make any payment as and when due and payable under the terms of any existing debt obligation of the consumer.''. (j) Section 129(j).--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after section 129(i), as created by subsection (i), the following: ``(j) Reporting of Payment History.--A creditor shall report both favorable and unfavorable payment history information relating to any consumer of a mortgage referred to in section 103(aa) to a nationally recognized credit bureau at least quarterly each year.''. (k) Section 129(k).--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after section 129(j), as created by subsection (j), the following: ``(k) No Profit From Foreclosure.--A creditor shall not profit monetarily from the sale at foreclosure of any property securing a mortgage referred to in section 103(aa), whether directly from such a foreclosure sale or indirectly through a resale after the purchase of the property by the creditor at such a foreclosure sale.''. (l) Section 129(l).--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after section 129(k), as created by subsection (k), the following: ``(l) Providing a Statement of the Amount of Satisfaction.--Upon receipt of a written or oral request, a creditor or any subsequent assignee who holds a mortgage referred to in section 103(aa) shall provide a written statement setting forth the amounts necessary to pay in full and satisfy the debt obligation of a mortgage referred to in section 103(aa) within 3 business days of receipt of the request.''. (n) Section 130(b).--Section 130(b) of the Truth in Lending Act (15 U.S.C. 1640(b)) is amended by striking all after ``the creditor or assignee notifies the person concerned of the error and'' and inserting ``the creditor or assignee-- ``(1) in the case of a failure to comply consisting of a finance charge or annual percentage rate actually disclosed that is lower than that which should have been disclosed, makes whatever adjustments in the appropriate account are necessary to ensure that the person will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower; or ``(2) in the case of any other failure to comply, executes and offers to the person for execution a legally effective instrument that modifies the underlying transaction such that the failure to comply is eliminated.''. SEC. 4. AMENDMENTS TO THE REAL ESTATE SETTLEMENT PROCEDURES ACT. (a) Section 4(a).--The second sentence of section 4(a) of the Real Estate Settlement Procedures Act (12 U.S.C. 2603(a)) is amended by striking ``Such form shall conspicuously and clearly itemize all charges imposed upon the borrower and all charges imposed upon the seller in connection with the settlement and'' and inserting ``Such form shall conspicuously and clearly itemize all charges imposed directly upon the borrower and all charges imposed directly upon the seller (whether paid outside of closing or otherwise) in connection with the settlement. This subsection shall not be construed to require that the standard form shall itemize fees earned by any settlement service provider in connection with the transaction to the extent such fees are paid by the lender and reflect the present value of interest yielded by the federally related mortgage loan. Such form also''. (b) Section 5(b).--Section 5(b) of the Real Estate Settlement Procedures Act (12 U.S.C. 2604(b)) is amended by striking ``and'' at the end of paragraph (4), striking the period at the end of paragraph (5) and inserting ``; and'' and by adding after paragraph (5) the following: ``(6) an explanation of the fact that a mortgage broker may be compensated for its services provided in connection with the federally related mortgage loan with funds derived from (A) direct payments made by the borrower, (B) payments made by the lender that reflect the present value of interest yielded by the federally related mortgage loan, or (C) a combination of both the foregoing sources.''. (c)(1) Section 5(c).--Section 5(c) of the Real Estate Settlement Procedures Act (12 U.S.C. 2604(c)) is amended by striking ``the borrower is likely to incur'' and inserting ``likely to be imposed directly upon the borrower''. (2) Section 5(c).--Section 5(c) of the Real Estate Settlement Procedures Act (12 U.S.C. 2604(c)) is amended by inserting after paragraph (6) at the end thereof the following: ``The good faith estimate required by this subsection shall include the following statement in conspicuous type size: `If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan.'''. SEC. 5. FEDERAL PREEMPTION. (a) In General.--No requirement or prohibition may be imposed under the laws of any State with respect to the subject matter covered by the amendments made by this Act, including limitations or prohibitions in connection with high-cost or high-fee mortgage loans for which it is perceived that consumers should be afforded additional substantive protections. (b) Interpretation.--In response to a request from any person, the Board of Governors of the Federal Reserve System or any official or employee of the Board of Governors of the Federal Reserve System duly authorized by the Board, shall promptly issue an interpretation which determines whether the specific State laws that are identified in such request are preempted by operation of subsection (a). Any interpretation issued under this subsection shall have the effect of law. SEC. 6. EFFECTIVE DATE; IMPLEMENTING REGULATIONS. (a) Effective Date.--This Act and the amendments made by this Act shall take effect 6 months after the date of its enactment. (b) Regulations by the Board.--The Board of Governors of the Federal Reserve System shall make such regulations as are necessary to implement the amendments made by section 3 within 120 days after the date of its enactment. (c) Regulations by the Secretary of Housing and Urban Development.--The Secretary of Housing and Urban Development shall make such regulations as are necessary to implement the amendments made by section 4 within 120 days after the date of its enactment.", "summary": "(Sec. 3) Requires a creditor to report a consumer's mortgage payment history to a nationally recognized credit bureau at least quarterly. Prohibits creditor profit from the sale at foreclosure of property securing a high-cost mortgage. Requires a high-cost mortgage creditor to respond within three business days to a request for a written statement setting forth the amounts necessary to fully satisfy the debt obligation. Redraws creditor liability guidelines. (Sec. 4) Amends the Real Estate Settlement Procedures Act to revise guidelines for: (1) standard Federal forms for the statement of settlement costs; and (2) information booklets that advise the consumer of certain sources of mortgage broker compensation. (Sec. 5) Establishes Federal preemption of State law concerning subject matter under this Act. Empowers the Board of Governors of the Federal Reserve System to interpret Federal preemption issues under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Internet Regulatory Relief Act of 1999''. SEC. 2. DEFINITIONS. (a) In General.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended by-- (1) redesignating paragraph (1) through (51) as paragraphs (3) through (53), respectively; (2) inserting before paragraph (3), as redesignated, the following: ``(1) Advanced service.--The term `advanced service' means a communications service or combination of such services providing a digitally encoded signal downstream from a provider to a consumer at a rated speed of 200 kilobits per second or above and upstream from a consumer to a provider at a rated speed of 128 kilobits per second or above for access to the Internet or other interstate information and data services. ``(2) Advanced service provider.--The term `advanced service provider' means any provider of advanced services.''; (3) redesignating paragraphs (19) through (53), as redesignated by paragraph (1) of this subsection, as paragraphs (20) through (54), respectively; and (4) inserting before paragraph (20), as redesignated by paragraph (3) of this subsection, the following: ``(19) DSL-capable loop.--The term `DSL-capable loop' means a loop capable of transporting an advanced service.''. (b) Conforming Amendment.--Section 271(c)(1)(A) of the Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by striking ``3(47)(A),'' and inserting ``3(50)(A),''. SEC. 3. REGULATION OF ADVANCED SERVICE. (a) In General.--Part II of title II of the Communications Act of 1934 (47 U.S.C. 251 et seq.) is amended by adding at the end thereof the following: ``SEC. 262. PROVISION OF ADVANCED SERVICE BY INCUMBENT LOCAL EXCHANGE CARRIER. ``(a) In General.--Nothwithstanding section 2(b) of this Act, or any other provision of law, an incumbent local exchange carrier shall not be subject to the requirements of-- ``(1) section 251(c)(3) with respect to facilities and equipment used exclusively to provide advanced service; and ``(2) section 251(c)(4) for the provision of advanced service, in any State in which 70 percent of the incumbent local exchange carrier's loops in its service territory are DSL-capable, as determined by that State. ``(b) Pricing Flexibility.-- ``(1) Competition for advanced service.--Except as provided in paragraph (4), the prices, terms, and conditions of any advanced service by an incumbent local exchange carrier shall not be subject to regulation if the Commission determines that advanced service is being offered by an unaffiliated advanced service provider in competition with the incumbent local exchange carrier within a geographic area served by a central office. ``(2) Petition.--An incumbent local exchange carrier seeking pricing flexibility under paragraph (1) may file a petition with the Commission seeking such relief. A petition under this paragraph is deemed to have been approved if the Commission does not act on it within 30 days after it is filed. ``(3) Unconditional relief.--If the Commission determines under paragraph (1) that advanced service is being offered by an unaffiliated provider in the manner described in that paragraph, the Commission shall approve the petition of the incumbent local exchange carrier unconditionally. ``(4) Advanced service outside an incumbent's territory.-- The rates, terms, and conditions of advanced service offered by an incumbent local exchange carrier or its affiliate are not subject to regulation in any geographic area in which that carrier, its successor, or assigns was not the local incumbent exchange carrier on February 8, 1996. ``(5) Schedule of charges.--For any advanced service that has not been determined by the Commission to be subject to competition under paragraph (1), the incumbent local exchange carrier furnishing such advanced service shall file with the Commission a schedule of charges and practices for such advanced service in a manner prescribed by the Commission under section 204. Any such schedule of charges and practices shall be deemed lawful and shall be effective 2 days after the date on which it was filed with the Commission unless the Commission takes action under section 204(a)(1) before the end of that 2- day period. ``(c) Definition of Incumbent Local Exchange Carrier.--For purposes of this section, the term `incumbent local exchange carrier' has the meaning given to that term by section 251(h). ``SEC. 263. PROVISION OF ADVANCED SERVICE NOT SUBJECT TO CERTAIN RESALE REQUIREMENTS. ``Notwithstanding section 2(b), or any other provision of law, section 251(b)(1) does not apply to a local exchange carrier with respect to its provision of advanced service.''.", "summary": "Broadband Internet Regulatory Relief Act of 1999 - Amends the Communications Act of 1934 to mandate that an incumbent local exchange carrier shall not be subject to Federal requirements concerning: (1) facilities and equipment used exclusively to provide advanced communications service; and (2) the provision of such service in any State in which 70 percent of such carrier's loops in its service territory are DSL-capable (capable of transporting an advanced service). Provides that the prices, terms, and conditions of any advanced service by such a carrier shall not be subject to Federal regulation if the Federal Communications Commission (FCC) determines that advanced service is being offered by an unaffiliated provider in competition with such carrier within a geographic area served by a central office. States that prices, terms, and conditions offered by a carrier or an affiliate shall not be subject to FCC regulation in an area in which such carrier was not the carrier on February 8, 1996. Requires carriers not subject to regulation to file with the FCC a schedule of charges and practices. Provides that the duty not to prohibit or impose unreasonable or discriminatory conditions on the resale of telecommunications services shall not apply to such a carrier with respect to its provision of advanced service."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Madera Water Supply Enhancement Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``District'' means the Madera Irrigation District, Madera, California. (2) The term ``Project'' means the Madera Water Supply Enhancement Project, a groundwater bank on the 13,646 acre Madera Ranch in Madera, California, owned, operated, maintained, and managed by the District that will plan, design, and construct recharge, recovery, and delivery systems able to store up to 250,000 acre-feet of water and recover up to 55,000 acre-feet of water per year. (3) The term ``Secretary'' means the Secretary of the United States Department of the Interior. (4) The term ``total cost'' means all reasonable costs, such as the planning, design, permitting, financing, and construction of the Project and the fair market value of lands used or acquired by the District for the Project. The total cost of the Project shall not exceed $90,000,000. SEC. 3. NO FURTHER STUDIES OR REPORTS. (a) Findings.--Congress finds that the Bureau of Reclamation and others have conducted numerous studies regarding the Project, including, but not limited to the following: (1) Bureau of Reclamation Technical Review Groups Final Findings Memorandum, July 1997. (2) Bureau of Reclamation Madera Ranch Artificial Recharge Demonstration Test Memorandum, December 1997. (3) Bureau of Reclamation Madera Ranch Groundwater Bank Phase 1 Report, 1998. (4) Draft Memorandum Recommendations for Phase 2 Geohydrologic Work, April 1998. (5) Bureau of Reclamation Madera Ranch Water Banking Proposal Economic Analysis--MP-340. (6) Hydrologic Feasibility Report, December 2003. (7) Engineering Feasibility Report, December 2003. (8) Feasibility Study of the Preferred Alternative, Water Supply Enhancement Project, 2005. (9) Engineering Feasibility Report, June 2005. (10) Report on Geologic and Hydrologic Testing Program for Madera Ranch. (11) Engine Driver Study, June 2005. (12) Wetlands Delineation, 2000, 2001, 2004, and 2005. (13) Madera Ranch Pilot Recharge: Interim Technical Memorandum, May 2005. (14) Integrated Regional Water Management Plan, July 2005. (15) Certified California Environmental Quality Act (CEQA) Environmental Impact Report (EIR), September 2005. (16) Baseline Groundwater Level Monitoring Report, January 2006. (17) Final Appraisal Study, Madera Irrigation District Water Supply Enhancement Project, October 2006. (18) WDS Groundwater Monitoring Status Report to Madera Ranch Oversight Committee, November 2006. (b) No Further Studies or Reports.--Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and Acts amendatory thereof and supplemental thereto, the Project is feasible and the Bureau of Reclamation shall not conduct any further studies or reports related to determining the feasibility of the Project. SEC. 4. COOPERATIVE AGREEMENT. All planning, design, and construction of the Project authorized by this Act shall be undertaken in accordance with a cooperative agreement between the Secretary and the District for the Project. Such cooperative agreement shall set forth in a manner acceptable to the Secretary and the District the responsibilities of the District for participating, which shall include-- (1) engineering and design; (2) construction; and (3) the administration of contracts pertaining to any of the foregoing. SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT PROJECT. (a) Authorization of Construction.--The Secretary, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, as far as those laws are not inconsistent with the provisions of this Act, is authorized to enter into a cooperative agreement through the Bureau with the District for the support of the design, and construction of the Project. (b) Cost Share.--The Federal share of the capital costs of the Project shall not exceed 25 percent of the total cost as defined in section 2(4). Capital, planning, design, permitting, financing, construction, and land acquisition costs incurred by the District prior to the date of the enactment of this Act shall be considered a portion of the non-Federal cost share. (c) In-Kind Services.--In-kind services performed by the District shall be considered a part of the local cost share to complete the Project authorized by subsection (a). (d) Credit for Non-Federal Work.--The District shall receive credit toward the non-Federal share of the cost of the Project for-- (1) reasonable costs incurred by the District as a result of participation in the planning, design, permitting, financing, and construction of the Project; and (2) for the fair market value of lands used or acquired by the District for the Project. (e) Limitation.--The Secretary shall not provide funds for the operation or maintenance of the Project authorized by this section. The operation, ownership, and maintenance of the Project shall be the sole responsibility of the District. (f) Plans and Analyses Consistent With Federal Law.--Before obligating funds for design or construction under this section, the Secretary shall work cooperatively with the District to use, to the extent possible, plans, designs, and engineering and environmental analyses that have already been prepared by the District for the Project. The Secretary shall ensure that such information as is used is consistent with applicable Federal laws and regulations. (g) Title; Responsibility; Liability.--Nothing in this section or the assistance provided under this section shall be construed to transfer title, responsibility or liability related to the Project to the United States. (h) Authorization of Appropriation.--There is authorized to be appropriated to the Secretary to carry out this Act $22,500,000 or 25 percent of the total cost of the Project, whichever is less. SEC. 6. SUNSET. The authority of the Secretary to carry out any provisions of this Act shall terminate 10 years after the date of the enactment of this Act.", "summary": "Madera Water Supply Enhancement Act - Finds that: (1) the Bureau of Reclamation and others have conducted numerous studies regarding the Madera Water Supply Enhancement Project, California; (2) the Project is feasible; and (3) the Bureau shall not conduct any further studies or reports related to determining its feasibility. Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary and the Madera Irrigation District. Authorizes the Secretary to enter into a cooperative agreement for the support of Project design and construction. Limits the federal share of Project capital costs to 25%. Considers: (1) capital, planning, design, permitting, financing, construction, and land acquisition costs incurred by the District prior to this Act's enactment to be part of the nonfederal share; and (2) in-kind services performed by the District to be part of the local share. Requires the District to receive credit toward the nonfederal share for reasonable costs incurred from participation in the planning, design, permitting, financing, and construction of the Project and for the fair market value of lands used or acquired for the Project. Prohibits the Secretary from providing funds for operation or maintenance. Makes Project operation, ownership, and maintenance the sole responsibility of the District. Directs the Secretary, before obligating funds, to work cooperatively with the District to use plans, designs, and engineering and environmental analyses that have already been prepared by the District. Terminates the Secretary's authority to carry out this Act 10 years after its enactment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners' Emergency Mortgage Assistance Act''. SEC. 2. MORTGAGE EMERGENCY ASSISTANCE PROGRAM. (a) In General.--The Secretary shall establish a program to make payments on a mortgage for a 1- to 4-family residence when-- (1) the mortgagee has given the mortgagor notice in accordance with section 3(b) that it intends to foreclose the mortgage; (2) at least 2 full monthly installments due on the mortgage are unpaid after the application of any partial payments that may have been accepted but not yet applied to the mortgage account; (3) the mortgagor is suffering financial hardship due to circumstances beyond the control of the mortgagor which render the mortgagor unable to correct the delinquency on the mortgage and unable to make full mortgage payments before the expiration of the 60-day period beginning on the date that notice was sent to the mortgagor in accordance with section 3(b); (4) there is a reasonable prospect that the mortgagor will be able to resume full mortgage payments not later than 36 months after the beginning of the period for which assistance payments are provided and to pay the mortgage in full by its maturity date or by a later date agreed upon by the mortgagee; (5) the property mortgaged is the mortgagor's principal place of residence; (6) the mortgagor does not own other residential property which is subject to a mortgage; (7) the mortgagor has applied to the Secretary for assistance in accordance with section 4; and (8) the mortgagor has not been more than 60 days in arrears on a residential mortgage within the 2-year period preceding the delinquency for which assistance is requested, unless the mortgagor can demonstrate that the prior delinquency was the result of financial hardship due to circumstances beyond the control of the mortgagor. (b) Effect of Finding of Ineligibility.--If, after reviewing an application for assistance submitted in accordance with section 4, the Secretary determines that the mortgagor has not met the conditions of eligibility described in subsection (a), the mortgagor shall be prohibited from reapplying for assistance under this Act until the expiration of the 6-month period beginning on the date of such determination unless there is a material change in the financial circumstances of the mortgagor. (c) Determination Relating to Financial Hardship.--In determining whether a financial hardship (which may be caused by a reduction in income or an increase in expenses, or both) is due to circumstances beyond the control of a mortgagor, the Secretary may consider information regarding the mortgagor's employment record, credit history, and current income. Such circumstances shall include, but not be limited to-- (1) loss of job of a member of the household; (2) salary, wage, or earnings reduction of a member of the household; (3) injury, disability, or illness of a member of the household; (4) divorce or separation in the household; or (5) death of a member of the household. (d) Housing Counseling Agencies.--The Secretary shall designate and approve nonprofit housing counseling agencies in each State to be available to assist the Secretary in implementing the program established pursuant to subsection (a) of this section and to section 4(b)(1)(A). Nonprofit housing agencies designated and approved under this subsection shall provide assistance to an eligible mortgagor during the entire period that such mortgagor receives assistance under this Act. SEC. 3. LEGAL ACTION. (a) Conditions Under Which Legal Action Is Prohibited.--Except as otherwise provided in the Act, a mortgagee of a mortgage for a 1- to 4- family residence may not accelerate the maturity of or commence any legal action regarding such a mortgage (including, but not limited to, mortgage foreclosure to recover under such obligation) or take possession of any security of the mortgagor for such mortgage obligation unless the mortgagee has sent to the mortgagor notice pursuant to subsection (b). In addition, the mortgagee may not take such action-- (1) before the expiration of the 30-day period beginning on the date that notice of the intent to take such action was sent to the mortgagor in accordance with subsection (b); (2) before the expiration of the 30-day period beginning on the date of the initial meeting between the mortgagor and an approved counseling agency held in accordance with section 4(a); (3) if an application for such assistance under this Act has been submitted to the Secretary on behalf of the mortgagor and such application-- (A) is pending; or (B) has been approved but payments have not yet been made toward the mortgage; or (4) if payment toward the mortgage is being made under this Act. (b) Requirements of Notice.--The Secretary shall issue regulations that include, but are not limited to, a uniform notice under this section. Such notice shall be in plain language and shall-- (1) inform the mortgagor in large bold type that he or she may be eligible for temporary assistance in making mortgage payments; (2) include an explanation of the mortgage assistance program under this Act; (3) inform the mortgagor that to apply for mortgage assistance, he or she shall attend a meeting in accordance with section 4(a) within 30 days of the date of the notice; (4) include the legal action intended and the basis therefore; (5) include a list of approved counseling agencies located in the State in which the mortgagor resides; (6) be sent via first class mail to the last known address of the mortgagor; and (7) be subject to such other requirements as prescribed by the Secretary. SEC. 4. APPLICATION FOR ASSISTANCE. (a) Meeting.-- (1) In general.--To apply for assistance under this Act, not later than 30 days after receiving notice in accordance with section 3(b), a mortgagor shall attend a face-to-face meeting with the mortgagee or an approved counseling agency to attempt to prevent legal action for which the notice was sent by restructuring the mortgage payment schedule. A meeting under this paragraph may be conducted over the telephone under circumstances prescribed by the Secretary. (2) Notice.--If the mortgagor meets with the approved counseling agency within the period specified in paragraph (1), the approved counseling agency shall send notice of the meeting which includes, but is not limited to, the date of the meeting, to the mortgagee not later than 5 business days after the meeting. (b) Preparation; Submission.-- (1) In general.--If the mortgagor is not able to resolve the default and prevent foreclosure before the expiration of the 30-day period beginning on the date of the meeting, the mortgagor may file an application for mortgage assistance under this Act. At the request of the mortgagor, an approved counseling agency shall-- (A) assist the mortgagor in preparing an application for assistance under this Act; and (B) not later than 30 days after the mortgagor initially requests assistance in the preparation of the application, submit the completed application to the Secretary. (2) Fees.--The Secretary may pay approved counseling agencies a fee, in an amount determined by the Secretary, for rendering assistance pursuant to this Act. (c) Notice to Mortgagee.--If the approved counseling agency submits an application for assistance to the Secretary on behalf of a mortgagor, the approved counseling agency shall, not later than 5 business days after submitting the application, inform the mortgagee of the date that the application was submitted. (d) Form; Contents.--An application for assistance under this Act shall be submitted on a form prescribed by the Secretary and shall include a financial statement disclosing all assets and liabilities of the mortgagor, whether singly or jointly held, and all household income regardless of source. (e) Effect of Misrepresentation.--A mortgagor who intentionally misrepresents any financial information in connection with the filing of an application for assistance under this Act may be denied assistance and required to immediately repay any amount of assistance received, and the mortgagee may, at any time thereafter, take any legal action to enforce the mortgage without any further restrictions or requirements under this Act. (f) Availability.--An application for assistance under this Act may be obtained from an approved counseling agency. (g) Determination on Application.-- (1) Time period.--The Secretary shall determine eligibility of a mortgagor for assistance under this Act not later than 60 days after receipt of the application of the mortgagor. (2) Notification.--Not later than 5 business days after making the determination on an application for assistance, the Secretary shall notify the mortgagor and the mortgagee as to whether the application has been approved or disapproved. SEC. 5. ASSISTANCE PAYMENTS BY SECRETARY. (a) Amount To Bring Mortgage Current.--If the Secretary determines that a mortgagor is eligible for assistance under this Act and the Secretary approves such mortgagor for assistance, the Secretary shall pay to the mortgagee from any amounts made available to carry out this Act the full amount due to the mortgagee pursuant to the terms of the mortgage without regard to any acceleration under the mortgage, or the full amount of any alternative mortgage payments agreed to by the mortgagee and mortgagor on the date that the application is approved by the Secretary. This amount shall include the amount of principal, interest, taxes, assessments, ground rents, hazard insurance, any mortgage insurance or credit insurance premiums, and reasonable attorneys' fees incurred by such mortgagee in relation to the arrearage. (b) Monthly Assistance Payments.-- (1) In general.--The Secretary shall make monthly mortgage assistance payments to the mortgagee on behalf of the mortgagor pursuant to this Act. (2) Obligation of the mortgagor.--A mortgagor on whose behalf the Secretary is making the mortgage assistance payments shall pay monthly payments to the Secretary. Such payments shall be in an amount which will cause the mortgagor's total housing expense not to exceed 35 percent of the mortgagor's net effective income. This shall be the maximum amount the mortgagor can be required to pay during the 36 months a mortgagor is eligible for mortgage assistance. (3) Obligation of the secretary.--Upon receipt of this payment from the mortgagor, the Secretary or the Secretary's duly authorized agent shall send the total mortgage payment directly to the mortgagee. (c) Review Upon Delinquency.--If the mortgagor fails to pay to the Secretary any amounts due directly from the mortgagor under this section not later than 15 days after such due date, the Secretary or its designated agent shall review the mortgagor's financial circumstances to determine whether a delinquency in payments due from the mortgagor under this section or section 6 is the result of a change in the mortgagor's financial circumstances since the payment amount was last determined. If the delinquency is not the result of a change in the mortgagor's financial circumstances, the Secretary shall terminate future mortgage assistance payments and the mortgagee may, at any time thereafter, take any legal action to enforce its mortgage without any further restriction or requirement. If the delinquency is the result of such a change, the Secretary shall modify the mortgagor's required payments to the Secretary as the Secretary shall determine. (d) Period for Assistance.--Payments under this Act shall be provided for a period not to exceed 36 months, either consecutively or nonconsecutively. The Secretary shall establish procedures for periodic review of the mortgagor's financial circumstances for the purpose of determining the necessity for continuation, termination, or adjustment of the amount of the payments. SEC. 6. REPAYMENT OF ASSISTANCE. (a) Assistance Loan.--The amount by which the assistance payments made by the Secretary to the mortgagee exceeds the amount of payments made by the mortgagor to the Secretary shall be a loan by the Secretary to the mortgagor. The loan shall be evidenced by such documents as the Secretary shall determine necessary to protect the interests of the United States. (b) Repayment of Assistance Loan.--Before making assistance payments under this Act on behalf of a mortgagor, the Secretary shall enter into an agreement with the mortgagor for repayment of all mortgage assistance made by the Secretary under section 5, plus interest as provided in subsection (c). The agreement shall provide for monthly payments by the mortgagor to the Secretary which (1) shall begin once the Secretary has determined that continuation of mortgage assistance payments to the mortgagee is unnecessary, and (2) shall be in an amount determined as follows: (1) Housing expense less than 35 percent.--If the mortgagor's total housing expense is less than 35 percent of the mortgagor's net effective income, the mortgagor shall pay to the Secretary the difference between 35 percent of the mortgagor's net effective income and the mortgagor's total housing expense unless otherwise determined by the Secretary after examining the mortgagor's financial circumstances and ability to contribute to repayment of the mortgage assistance. (2) Housing expense greater than 35 percent.--If the mortgagor's total housing expense is more than 35 percent of the mortgagor's net effective income, repayment of the mortgage assistance shall be deferred until the mortgagor's total housing expense is less than 35 percent of the mortgagor's net effective income. (3) When mortgage paid in full.--Notwithstanding paragraphs (1) and (2), if repayment of mortgage assistance is not made by the date that the mortgage is paid in full, the mortgagor shall make mortgage assistance repayments in an amount not less than the previous regular mortgage payment until the mortgage assistance is repaid. (c) Interest.--Interest shall accrue on all mortgage assistance made under this Act at the rate determined monthly by the Secretary of the Treasury to be equal to the then current average yield on outstanding 30-year bonds issued by the Secretary of the Treasury under section 3102 of title 31, United States Code, and shall accrue only during the period in which the mortgagor is required to make repayment under this section. (d) Lien To Secure Repayment of Assistance.--Repayment of amounts owed to the Secretary from a mortgagor shall be secured by a mortgage lien on the property and by such other obligation as the Secretary may require. The lien or other security interest of the Secretary shall not be deemed to take priority over any other secured lien or secured interest in effect against the mortgagor's property on the date assistance payments begin. The Secretary may allow subordination of the mortgage assistance lien only if such subordination is necessary to permit the mortgagor to obtain a home improvement loan for repairs necessary to preserve the property. (e) Time for Repayment.--Payments under this section shall be made by the mortgagor to the Secretary not later than 14 days after each mortgage payment is due under the mortgage (or in the case of repayment after the mortgage has been paid in full, not later than the date the mortgage payments were due under the mortgage). SEC. 7. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Approved counseling agency.--The term ``approved counseling agency'' means a nonprofit housing counseling agency approved by the Secretary pursuant to section 2(e). (2) Gross household income.--The term ``gross household income'' means the total income of a mortgagor, the mortgagor's spouse, children residing in the same residence as the mortgagor, and any other person living in such residence that is declared by the mortgagor as a dependent for Federal income tax purposes. (3) Household.--The term ``household'' means a mortgagor, the mortgagor's spouse, children residing in the same residence as the mortgagor, and any other person living in such residence that is declared by the mortgagor as a dependent for Federal income tax purposes. (4) Housing expense.--The term ``housing expense'' means the sum of the mortgagor's monthly maintenance, utility, and hazard insurance expense, taxes, and required mortgage payments, including escrows. (5) Mortgagee; mortgagor.--The terms ``mortgagee'' and ``mortgagor'' have the meanings given such terms in section 201 of the National Housing Act (12 U.S.C. 1707). (6) Net effective income.--The term ``net effective income'' means the gross household income of the mortgagor, less city, State, and Federal income and social security taxes. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for each fiscal year such sums as may be necessary to provide assistance under this Act and for costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of such assistance.", "summary": "Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for a mortgage for a one- to four-family residence whose mortgagor is temporarily unable to meet payment obligations due to financial hardship beyond the mortgagor's control. Prohibits an mortgagee from accelerating the maturity of or commencing any legal action regarding a mortgage (including foreclosure) or taking possession of any mortgagor security: (1) unless the mortgagee meets certain notice and other specified conditions; or (2) if the mortgagor has applied for or is receiving assistance under this Act. Requires mortgagor repayment of such assistance, plus interest."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Social Work Research Act''. SEC. 2 ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH. (a) In General.--Section 401(b)(2) of the Public Health Service Act (42 U.S.C. 281(b)(2)) is amended by adding at the end the following: ``(F) The National Center for Social Work Research.''. (b) Establishment.--Part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by adding at the end the following: ``Subpart 5--National Center for Social Work Research ``SEC. 485G. PURPOSE OF CENTER. ``The general purpose of the National Center for Social Work Research (referred to in this subpart as the `Center') is the conduct and support of, and dissemination of information with respect to basic, clinical, and services social work research, training, and other programs in patient care, including child and family care. ``SEC. 485H. SPECIFIC AUTHORITIES. ``(a) In General.--To carry out the purpose described in section 485G, the Director of the Center may provide research training and instruction and establish, in the Center and in other nonprofit institutions, research traineeships and fellowships in the study and investigation of the prevention of disease, health promotion, and the social work care of persons with and families of individuals with acute and chronic illnesses, including child abuse and neglect and child and family care. ``(b) Stipends and Allowances.--The Director of the Center may provide individuals receiving training and instruction or traineeships or fellowships under subsection (a) with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary. ``(c) Grants.--The Director of the Center may make grants to nonprofit institutions to provide training and instruction and traineeships and fellowships under subsection (a). ``SEC. 485I. ADVISORY COUNCIL. ``(a) Duties.-- ``(1) In general.--The Secretary shall establish an advisory council for the Center that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. ``(2) Gifts.--The advisory council for the Center may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. ``(3) Other duties and functions.--The advisory council for the Center-- ``(A)(i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; ``(ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and ``(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; ``(B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country as to the diseases, disorders, or other aspects of human health with respect to which the Center is concerned and, with the approval of the Director of the Center, make such information available through appropriate publications for the benefit of public and private health entities and health professions personnel and scientists and for the information of the general public; and ``(C) may appoint subcommittees and convene workshops and conferences. ``(b) Membership.-- ``(1) In general.--The advisory council shall be composed of the ex officio members described in paragraph (2) and not more than 18 individuals to be appointed by the Secretary under paragraph (3). ``(2) Ex officio members.--The ex officio members of the advisory council shall include-- ``(A) the Secretary, the Director of NIH, the Director of the Center, the Chief Social Work Officer of the Veterans' Administration, the Assistant Secretary of Defense for Health Affairs, the Associate Director of Prevention Research at the National Institute of Mental Health, and the Director of the Division of Epidemiology and Services Research (or the designees of such officers); and ``(B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. ``(3) Appointed members.--The Secretary shall appoint not to exceed 18 individuals to the advisory council, of which-- ``(A) not more than two-thirds of such individual shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, and at least 7 such individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, or research; and ``(B) not more than one-third of such individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. The Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. ``(4) Compensation.--Members of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for an individual at grade GS-18 of the General Schedule. ``(c) Terms.-- ``(1) In general.--The term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member's term until a successor has been appointed. ``(2) Reappointments.--A member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. ``(3) Vacancy.--If a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. ``(d) Chairperson.--The chairperson of the advisory council shall be selected by the Secretary from among the members appointed under subsection (b)(3), except that the Secretary may select the Director of the Center to be the chairperson of the advisory council. The term of office of the chairperson shall be 2 years. ``(e) Meetings.--The advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center. ``(f) Administrative Provisions.--The Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council. ``(g) Comments and Recommendations.--The advisory council may prepare, for inclusion in the biennial report under section 485J-- ``(1) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; ``(2) comments on the progress of the Center in meeting its objectives; and ``(3) recommendations with respect to the future direction and program and policy emphasis of the center. The advisory council may prepare such additional reports as it may determine appropriate. ``SEC. 485J. BIENNIAL REPORT. ``The Director of the Center, after consultation with the advisory council for the Center, shall prepare for inclusion in the biennial report under section 403, a biennial report that shall consist of a description of the activities of the Center and program policies of the Director of the Center in the fiscal years for which the report is prepared. The Director of the Center may prepare such additional reports as the Director determines appropriate. The Director of the Center shall provide the advisory council of the Center an opportunity for the submission of the written comments described in section 485I(g).''.", "summary": "National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Capital Area Physician Emergency Assistance Act''. SEC. 2. CERTAIN LEGAL WAIVERS IN NATIONAL CAPITAL AREA REGARDING PROVISION OF ASSISTANCE DURING PUBLIC HEALTH EMERGENCIES. (a) Declaration by President.--If the President declares that a public health emergency is in effect in the National Capital Area, then during the period in which the emergency is in effect, any physician who holds a valid medical license issued by an Area State government-- (1) may provide, in any part of such Area, health services to victims of the emergency to the same extent as the physician is authorized to provide health services within the jurisdiction of the Area State government that issued the license, notwithstanding the law of the other Area State governments; and (2) is not liable for any harm caused by any act or omission of the physician in providing, in any part of such Area, health services to victims of the emergency, notwithstanding the law of any of the Area State governments, unless the harm is caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of others. (b) Declaration by Chief Executive Official of Area State Government.-- (1) Maryland.--For any period during which a public health emergency is in effect in an Area portion of the State of Maryland, pursuant to a qualifying declaration by the Governor of Maryland, subsection (a) applies to health services provided within such Area portion by a physician who holds a valid medical license issued by an Area State government to the same extent and in the same manner as such subsection would apply within the entire National Capital Area if the President were to declare a public health emergency for the National Capital Area under such subsection. (2) Virginia.--For any period during which a public health emergency is in effect in an Area portion of the State of Virginia, pursuant to a qualifying declaration by the Governor of Virginia, subsection (a) applies to health services provided within such Area portion by a physician who holds a valid medical license issued by an Area State government to the same extent and in the same manner as such subsection would apply within the entire National Capital Area if the President were to declare a public health emergency for the National Capital Area under such subsection. (3) District of columbia.--For any period during which a public health emergency is in effect in the District of Columbia, pursuant to a qualifying declaration by the Mayor of such District, subsection (a) applies to health services provided within the District by a physician who holds a valid medical license issued by an Area State government to the same extent and in the same manner as such subsection would apply within the entire National Capital Area if the President were to declare a public health emergency for the National Capital Area under such subsection. (4) Qualifying declaration.-- (A) In general.--A declaration by the Governor of Maryland, the Governor of Virginia, or the Mayor of the District of Columbia, as the case may be, that a public health emergency is in effect is, for purposes of this subsection, a qualifying declaration if-- (i) before officially declaring such emergency, such chief executive official notifies the Secretary of Health and Human Services of the intent to officially declare the emergency; and (ii) the Secretary does not, within 12 hours after such official provides the notice, inform the official that the Secretary has disapproved the declaration on the basis that the Secretary has determined that the declaration is not necessary to protect the public health. (B) Delegation of functions of secretary.--The Secretary of Health and Human Services may, temporarily or otherwise, delegate the functions of the Secretary under subparagraph (A) to the Assistant Secretary for Health or any of the heads of the agencies of the Public Health Service. (5) Relationship between declarations.--With respect to the public health emergency involved, a declaration by the President under subsection (a), including the period in which the emergency is declared to be in effect, supersedes any declaration under this subsection by the Governor of Maryland, the Governor of Virginia, or the Mayor of the District of Columbia. SEC. 3. EMERGENCY SYSTEM IN NATIONAL CAPITAL AREA FOR VERIFICATION OF CREDENTIALS OF PHYSICIAN VOLUNTEERS. (a) In General.--The Secretary of Health and Human Services shall, directly or through an award of a grant, contract, or cooperative agreement, establish and maintain a system for verifying the credentials, licenses, and hospital privileges of individuals who, during a public health emergency in the National Capital Area or portion thereof as declared under section 2, volunteer to serve in such Area as physicians (referred to in this section as the ``verification system''). In carrying out the preceding sentence, the Secretary shall provide for an electronic database for the verification system. (b) Certain Criteria.--The Secretary shall establish criteria regarding the verification system under subsection (a), including provisions regarding the promptness and efficiency of the system in collecting, storing, updating, and disseminating information on the credentials, licenses, accreditations, and hospital privileges of volunteers described in subsection (a). (c) Advance Registration of Volunteers.--In order to facilitate the availability of physicians during a public health emergency in the National Capital Area, the Secretary shall provide for the advance registration with the system of physicians who are willing to serve as volunteers described in subsection (a), and may carry out activities to encourage physicians to register with the system. (d) Other Assistance.--The Secretary may make grants and provide technical assistance to Area State governments and other public or nonprofit private entities for activities relating to the verification system developed under subsection (a). (e) Rule of Construction.--This section may not be construed as authorizing the Secretary to issue requirements regarding the provision by the Area State governments of credentials, licenses, accreditations, or hospital privileges. (f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2007. SEC. 4. DEFINITIONS. For purposes of this Act: (1) The term ``Area portion'' means the portion of the State of Maryland or the State of Virginia, as the case may be, that is within the National Capital Area. (2) The term ``Area State governments'' means the governments of the States of Maryland and Virginia and the government of the District of Columbia. (3) The term ``National Capital Area'' means-- (A) the District of Columbia; (B) the counties of Montgomery and Prince George's in the State of Maryland; (C) the cities of Alexandria, Fairfax, Falls Church, and Manassas in the State of Virginia, and the counties of Arlington, Fairfax, Loudon, and Prince William in such State; and (D) such additional jurisdictions in the State of Maryland or Virginia as the President may designate in a declaration under subsection (a) that a public health emergency is in effect. (4) The term ``Secretary'' means the Secretary of Health and Human Services.", "summary": "National Capital Area Physician Emergency Assistance Act - Permits physicians licensed in Virginia, Maryland, or the District of Columbia to provide services to victims of emergencies in any of such jurisdictions regardless of the jurisdiction of their licensure whenever and wherever a public health emergency is declared by the relevant Governor or Mayor or by the President for the entire National Capital Area.Protects physicians from liability for all but willful, criminal, or reckless misconduct, gross negligence, or a conscious, flagrant indifference to the rights or safety of others while performing such volunteer emergency service.Directs the Secretary of Health and Human Services to provide an advance registration system for physician volunteers which verifies their credentials, licences, and hospital privileges."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Judgment Evading Foreign States Accountability Act of 2008''. SEC. 2. STATEMENT OF PURPOSE. The purpose of this Act is to protect the economic interests of the United States and its citizens from the irresponsible conduct of certain foreign states, and agencies and instrumentalities of such states, that willfully refuse to satisfy United States court judgments. SEC. 3. FINDINGS. Congress finds the following: (1) Foreign states and instrumentalities that do business or raise capital in the United States, and then refuse to satisfy judgments of United States courts entered against them in connection with disputes resulting from these activities, inflict billions of dollars of damage on United States taxpayers, and undermine the credibility of the United States courts. (2) The Republic of Argentina is a recent and egregious example of such behavior. Argentina has borrowed tens of billions of dollars in the United States capital markets through the issuance of bonds, notes, and other securities pursuant to which it agreed to be subject to the jurisdiction of the United States courts in actions relating to those bonds notes and securities, and both waived and pledged not to assert immunity in such actions. Argentina defaulted on its debt to foreign creditors in 2001, and scores of judgments, totaling more than $2,000,000,000, have been entered against it by the United States courts based on its default. Rather than satisfy these obligations, Argentina has expressed its intention never to pay any of the resulting judgments. (3) Since its default in 2001, Argentina's economy has recovered dramatically. This recovery has enabled Argentina to accumulate foreign exchange reserves worth tens of billions of dollars, and to use those reserves to pay some creditors preferentially over United States citizens and holders of United States court judgments. (4) Other foreign states have expressed interest in following Argentina's lead. For example, the Republic of Ecuador has recently threatened to default on and repudiate part of its sovereign debt, citing Argentina's default approvingly as a precedent. (5) Foreign states that engage in such behavior can infect the management of businesses within their borders with their profligate and irresponsible habits. When the lax ethical standards that permit government officials to flout lawful judgments corrupt the corporate behavior as well, the injury to United States taxpayers is intensified. (6) United States taxpayers who are injured by such irresponsible conduct often have little or no recourse. The existing laws of the United States are highly protective of foreign states, and public and private corporations of judgment evading foreign states often enjoy a safe haven within their home country's borders from those who are injured by their behavior. (7) Action by the United States Government to combat this growing problem must include measures that both protect United States taxpayers against the irresponsible conduct of judgment evading foreign states and their domestic corporations, and motivate such states and corporations to raise their standards of behavior. (8) An effective means of achieving this important objective without impinging on the President's freedom to act in the foreign policy arena is to deprive judgment evading foreign states and their domestic corporations of the privilege of raising capital in the United States until those states demonstrate that such measures are no longer necessary by satisfying all outstanding judgments of the United States courts. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Judgment evading foreign state.--The term ``judgment evading foreign state'' means any foreign state that-- (A) has one or more judgments entered against the foreign state by any United States district court or the court of any State, the combined amount of which exceeds $1,000,000; and (B) fails to satisfy in full any such judgment for a period of more than 6 months after the judgment becomes a final judgment. (2) Domestic corporation of a judgment evading foreign state.--The term ``domestic corporation of a judgment evading foreign state'' means any corporation or entity, other than a natural person-- (A) that is organized under the laws of a judgment evading foreign state; or (B) a majority of the shares or other ownership interest of which is held, either directly or indirectly, by a judgment evading foreign state, or by one or more corporations or entities that is organized under the laws of a judgment evading foreign state. (3) Final judgment.--The term ``final judgment'' means any judgment of a United States district court or the court of any State, that is no longer eligible to be appealed to any court in the United States. (4) Foreign state.--The term ``foreign state'' has the meaning given that term in 1603(a) of title 28, United States Code. (5) International organization.--The term ``international organization'' means an entity designated by the President as being entitled to enjoy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act (22 U.S.C. 288 et seq.). (6) State.--The term ``State'' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 5. STATEMENT OF POLICY. It shall be the policy of the United States-- (1) to advocate within the governing bodies of international organizations and in other foreign policy settings for the full compensation and fair treatment of United States citizens and other persons in whose favor judgments have been awarded by the United States courts; (2) to seek to protect the economic interests of United States taxpayers by restricting the access to the United States capital markets of judgment evading foreign states, and subjecting to Congressional scrutiny requests for aid made by judgment evading foreign states to the United States Government; (3) to seek to protect the authority of the United States courts by preventing judgment evading foreign states from willfully flouting the judgments of those courts; and (4) to enforce a series of mandatory penalties, increasing over time, to prevent judgment evading foreign states from engaging in such misconduct. SEC. 6. BAR ON ACCESS TO UNITED STATES CAPITAL MARKETS. The Securities and Exchange Commission shall take all effective measures to deny every judgment evading foreign state access to United States capital markets, including the ability, directly or indirectly, to borrow or sell securities in the United States unless the proceeds of such borrowing or sale are to be used, in the first instance, to satisfy in full all final judgments that form the basis for that foreign state's designation as a judgment evading foreign state. If any judgment evading foreign state remains in default on any such final judgment for more than 2 years, the Securities and Exchange Commission shall take all measures to deny any domestic corporation of a judgment evading foreign state access to the United States capital markets. SEC. 7. REQUESTS FOR AID OR ASSISTANCE FROM JUDGMENT EVADING FOREIGN STATES. (a) Bilateral Assistance.--Whenever any proposal is made to a department, agency, or other instrumentality of the United States Government to extend aid, a loan, or any other form of assistance to a judgment evading foreign state, the head of the department, agency, or other instrumentality may consider the proposal only if it bears prominently the legend described in subsection (c). (b) Multilateral Assistance.--Whenever any proposal is made to an international organization of which the United States is a member to extend aid, a loan, or any other form of assistance to a judgment evading foreign state, the Secretary of State shall provide notice of such proposal to the Congress in a prompt manner. Such notice shall bear prominently the legend described in subsection (c). (c) Legend Described.--The legend of a proposal referred to in subsection (a) and the legend of a notice referred to in subsection (b) is the following: ``REQUEST FOR GRANT-IN-AID OR LOAN BY A JUDGMENT EVADING FOREIGN STATE''. SEC. 8. REPORTS; RECOMMENDATIONS OF ADDITIONAL MEASURES. (a) Report.--Not later than January 31 of each year, the Secretary of the Treasury shall provide a report, in writing, to the Congress identifying each judgment evading foreign state, and, for each such judgment evading foreign state-- (1) setting forth the basis of the Secretary's determination that it meets the definition of judgment evading foreign state; (2) quantifying the impact on the United States economy, and the cost to United States taxpayers, of the unsatisfied final judgments that form the basis for the foreign state's designation as a judgment evading foreign state; and (3) describing all measures that the Department of the Treasury, the Department of Commerce, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and representatives of the United States before international organizations have taken in the preceding year to carry out this Act. (b) Termination of Designation as Judgment Evading Foreign State.-- At such time as the Secretary of the Treasury determines that a foreign state no longer qualifies as a judgment evading foreign state, the Secretary shall so certify to the Congress no later than in the next annual report to Congress under subsection (a), at which time the requirements and prohibitions under this Act shall no longer apply to such former judgment evading foreign state. (c) Responsibilities of Other Departments.--In every report prepared by the Secretary of State, the Secretary of the Treasury, or the Secretary of Commerce for the public relating to the economic risk or investment climate of a judgment evading foreign state, such Secretary shall reference the findings of the Secretary of the Treasury from the Secretary of the Treasury's most recent annual report to Congress under subsection (a) relating to the unsatisfied final judgments outstanding against the judgment evading foreign state. (d) Recommendations to Congress.--The Secretary of the Treasury shall provide to the Congress written recommendations on additional measures to carry out the purposes of this Act.", "summary": "Judgment Evading Foreign States Accountability Act of 2008 - Directs the Securities and Exchange Commission (SEC) to deny a judgment evading foreign state (as defined by this Act) access to U.S. capital markets unless the proceeds of such borrowing or sale are to be used to satisfy in full all final judgments that form the basis for such designation as a judgment evading foreign state. Requires: (1) a proposal to extend bilateral or multilateral assistance to a judgment evading state to bear notice that such state is a judgment evading state; and (2) the Secretary of the Treasury to report annually to Congress identifying each such state."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Domestic Violence and Stalking Victims Act''. SEC. 2. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME OF DOMESTIC VIOLENCE'' EXPANDED. Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (32)-- (A) by striking ``and an individual'' and inserting ``an individual''; and (B) by inserting ``, or a dating partner (as defined in section 2266) or former dating partner'' before the period at the end; and (2) in paragraph (33)(A)(ii)-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by a dating partner (as defined in section 2266) or former dating partner of the victim'' before the period at the end. SEC. 3. UNLAWFUL SALE OF FIREARM TO A PERSON SUBJECT TO COURT ORDER. Section 922(d)(8) of title 18, United States Code, is amended to read as follows: ``(8) is subject to a court order described in subsection (g)(8); or''. SEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER PROHIBITED FROM POSSESSING OR RECEIVING A FIREARM EXPANDED. Section 922(g)(8) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``that''; (2) by striking subparagraphs (A) and (B) and inserting the following: ``(A)(i) that was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or ``(ii) in the case of an ex parte order, relating to which notice and opportunity to be heard are provided-- ``(I) within the time required by State, tribal, or territorial law; and ``(II) in any event within a reasonable time after the order is issued, sufficient to protect the person's right to due process; ``(B) that restrains such person from-- ``(i) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual, including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or ``(ii) intimidating or dissuading a witness from testifying in court; and''; and (3) in subparagraph (C)-- (A) by striking ``intimate partner or child'' each place it appears and inserting ``individual described in subparagraph (B)''; (B) in clause (i), by inserting ``that'' before ``includes''; and (C) in clause (ii), by inserting ``that'' before ``by its''. SEC. 5. STALKING PROHIBITIONS. (a) Sales or Other Dispositions of Firearms or Ammunition.--Section 922(d) of title 18, United States Code, as amended by section 3 of this Act, is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; or''; and (3) by inserting after paragraph (9) the following: ``(10) has been convicted in any court of-- ``(A) a misdemeanor crime of stalking under Federal, State, territorial, or tribal law; or ``(B) a crime that involves conduct which would be prohibited by section 2261A if committed within the special maritime and territorial jurisdiction of the United States.''. (b) Possession, etc., of Firearms or Ammunition.--Section 922(g) of such title, as amended by section 4 of this Act, is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the comma at the end of paragraph (9) and inserting ``; or''; and (3) by inserting after paragraph (9) the following: ``(10) has been convicted in any court of-- ``(A) a misdemeanor crime of stalking under Federal, State, territorial, or tribal law; or ``(B) a crime that involves conduct which would be prohibited by section 2261A if committed within the special maritime and territorial jurisdiction of the United States,''.", "summary": "Protecting Domestic Violence and Stalking Victims Act Amends federal firearms provisions to expand the definition of: (1) "intimate partner" to include a dating partner or former dating partner; and (2) "misdemeanor crime of domestic violence" to include a misdemeanor offense that has, as an element, the use or attempted use of force, or the threatened use of a deadly weapon by a dating partner or former dating partner against the victim. Prohibits the sale or other disposition of a firearm or ammunition to, or the possession or receipt of a firearm by, a person who: (1) is subject to a court order, or an ex parte order, that restrains such person from harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury, including an order issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student, or from intimidating or dissuading a witness from testifying in court; or (2) has been convicted in any court of a misdemeanor crime of stalking under federal, state, territorial, or tribal law or of a crime that involves conduct that would be proscribed by prohibitions against stalking if committed within the special maritime and territorial jurisdiction of the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price Relief Act of 2005''. SEC. 2. WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end the following new chapter: ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; removal price; base price; qualified investment. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any integrated oil company (as defined in section 291(b)(4)) an excise tax equal to the excess of-- ``(1) the amount equal to 50 percent of the windfall profit from all barrels of taxable crude oil removed from the property during each taxable year, over ``(2) the amount of qualified investment by such company during such taxable year. ``(b) Fractional Part of Barrel.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. ``(c) Tax Paid by Producer.--The tax imposed by this section shall be paid by the producer of the taxable crude oil. ``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; BASE PRICE; QUALIFIED INVESTMENT. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the removal price of the barrel of taxable crude oil over the base price of such barrel. ``(b) Removal Price.--For purposes of this chapter-- ``(1) In general.--Except as otherwise provided in this subsection, the term `removal price' means the amount for which the barrel of taxable crude oil is sold. ``(2) Sales between related persons.--In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. ``(3) Oil removed from property before sale.--If crude oil is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(4) Refining begun on property.--If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property-- ``(A) such oil shall be treated as removed on the day such manufacture or conversion begins, and ``(B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(5) Property.--The term `property' has the meaning given such term by section 614. ``(c) Base Price Defined.--For purposes of this chapter, the term `base price' means $40 for each barrel of taxable crude oil. ``(d) Qualified Investment.--For purposes of this chapter, the term `qualified investment' means any amount paid or incurred with respect to any qualified facility described in paragraph (1), (2), (3), or (4) of section 45(d) (determined without regard to any placed in service date). ``SEC. 5898. SPECIAL RULES AND DEFINITIONS . ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Definitions.--For purposes of this chapter-- ``(1) Producer.--The term `producer' means the holder of the economic interest with respect to the crude oil. ``(2) Crude oil.-- ``(A) In general.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(B) Exclusion of newly discovered oil.--Such term shall not include any oil produced from a well drilled after the date of the enactment of the Gas Price Relief Act of 2005, except with respect to any oil produced from a well drilled after such date on any proven oil or gas property (within the meaning of section 613A(c)(9)(A)). ``(3) Barrel.--The term `barrel' means 42 United States gallons. ``(e) Adjustment of Removal Price.--In determining the removal price of oil from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil removed. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. ``(g) Termination.--This chapter shall not apply to taxable crude oil removed after the date which is 1 year after the date of the enactment of this section.''. (b) Transfer of Windfall Profit Tax Receipts to Highway Trust Fund.--Paragraph (1) of section 9503(b) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) section 5896 (relating to windfall profits tax on crude oil).''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Windfall profit on crude oil''. (e) Effective Date.-- (1) In general.--The amendments made by this section shall apply to crude oil removed after the date of the enactment of this Act, in taxable years ending after such date. (2) Transitional rules.--For the period ending December 31, 2005, the Secretary of the Treasury or the Secretary's delegate shall prescribe rules relating to the administration of chapter 56 of the Internal Revenue Code of 1986. To the extent provided in such rules, such rules shall supplement or supplant for such period the administrative provisions contained in chapter 56 of such Code (or in so much of subtitle F of such Code as relates to such chapter 56). SEC. 3. REDUCTION OF FUEL TAXES ON HIGHWAY MOTOR FUELS. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on motor and aviation fuels) is amended by adding at the end the following new subsection: ``(f) Reduction of Highway Motor Fuel Taxes.-- ``(1) In general.--During the reduction period, the rate of tax imposed by section 4041 (other than subsection (d) thereof) or 4081(a)(2)(A) on highway motor fuel shall be reduced by 10 cents per gallon. ``(2) Definitions and special rule.--For purposes of this subsection-- ``(A) Reduction period.--The term `reduction period' means the 1-year period beginning on the date of enactment of the Gas Price Relief Act of 2005. ``(B) Highway motor fuel.--The term `highway motor fuel' means any fuel subject to tax under section 4041 or 4081 other than aviation gasoline and aviation-grade kerosene.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 4. MAINTENANCE OF TRUST FUNDS DEPOSITS; AMOUNTS APPROPRIATED TO TRUST FUNDS TREATED AS TAXES. (a) In General.--There is hereby appropriated (out of any money in the Treasury not otherwise appropriated) to the Highway Trust Fund an amount equal to the excess (if any) of-- (1) the amount (but for this subsection) of reduced revenues received in the Highway Trust Fund as a result of a reduction in a rate of tax by reason of section 4081(f)(1) of the Internal Revenue Code of 1986 (as added by section 3 of this Act), over (2) amounts appropriated to the Highway Trust Fund by section 9503(b)(1)(F) of the Internal Revenue Code of 1986 (relating to windfall profits tax on crude oil). (b) Special Rules.--Amounts appropriated by subsection (a) to the Highway Trust Fund-- (1) shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred had section 3 of this Act not been enacted, and (2) shall be treated for all purposes of Federal law as taxes received under the appropriate section referred to in such section 4081(f)(1). SEC. 5. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax rate reduction date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (2) on such date such fuel is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax rate reduction date based on a request submitted to the taxpayer before the date which is 3 months after the tax rate reduction date by the dealer who held the highway motor fuel on such date, and (2) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) Tax rate reduction date.--The term ``tax rate reduction date'' means the first day of the reduction period (as defined in section 4081(f) of the Internal Revenue Code of 1986 (as added by section 3 of this Act)). (2) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (e) Certain Rules to Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 6. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--The person holding highway motor fuel on the tax restoration date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the 45th day after the tax restoration date. (c) Definitions.--For purposes of this section-- (1) Tax restoration date.--The term ``tax restoration date'' means the first day after the reduction period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (2) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given to such term by section 4081(f) of such Code. (3) Held by a person.--A highway motor fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use. (e) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d). (3) Controlled groups.--For purposes of this section-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (f) Other Laws Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such sections.", "summary": "Gas Price Relief Act of 2005 - Amends the Internal Revenue Code to impose an excise tax, for a one-year period, on oil companies for a percentage of the windfall profit from all barrels of taxable crude oil; (2) allow a tax deduction for the payment of any windfall profit tax; (3) reduce by 10 percent the excise tax on highway motor fuels for a period of one year after the enactment of this Act; (4) provide for transfers of windfall profit tax receipts and amounts from the general fund to the Highway Trust Fund; and (5) make adjustments to highway motor fuel taxes for floor stocks of such fuels held by dealers prior to, or after, the effective date of reduction in such taxes under this Act. Defines \"windfall profit\" as the excess of the removal (sales) price of a barrel of taxable crude oil over the base price ($40 per barrel) of such barrel."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Data Broker Accountability and Transparency Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Data broker.--The term ``data broker'' means a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell the information or provide third party access to the information. (3) Non-public information.--The term ``non-public information'' means information about an individual that is of a private nature, not available to the general public, and not obtained from a public record. (4) Public record information.--The term ``public record information'' means information about an individual that has been obtained originally from records of a Federal, State, or local government entity that are available for public inspection. SEC. 3. PROHIBITION ON OBTAINING OR SOLICITATION TO OBTAIN PERSONAL INFORMATION BY FALSE PRETENSES. (a) In General.--It shall be unlawful for a data broker to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing any document to any person, that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation. (b) Solicitation.--It shall be unlawful for a data broker to request a person to obtain personal information, or any other information, relating to any other person if the data broker knows or should know that the person to whom the request is made will obtain or attempt to obtain that information in the manner described in subsection (a). SEC. 4. PERSONAL INFORMATION. (a) Accuracy.--A data broker shall establish reasonable procedures to ensure the maximum possible accuracy of the personal information it collects, assembles, or maintains, and any other information it collects, assembles, or maintains that specifically identifies an individual, unless the information only identifies an individual's name or address. (b) Exception; Fraud Databases.--Notwithstanding subsection (a), a data broker may collect or maintain information that may be inaccurate with respect to a particular individual if that information is being collected or maintained solely for the purpose of-- (1) indicating whether there may be a discrepancy or irregularity in the personal information that is associated with an individual; (2) helping to identify, or to authenticate the identity of, an individual; or (3) helping to protect against or investigate fraud or other unlawful conduct. (c) Consumer Access.--A data broker shall provide an individual a means to review any personal information or other information that specifically identifies that individual, that the data broker collects, assembles, or maintains on that individual, unless an exception applies under section 5. (d) Review Requirements.--The means for review under subsection (c) shall be provided-- (1) at an individual's request; (2) after verifying the identity of the individual; (3) at least 1 time per year; and (4) at no cost to the individual. (e) Notice.--A data broker shall maintain an Internet Web site and place a clear and conspicuous notice on that Internet Web site instructing an individual-- (1) how to review the information described under subsection (c); and (2) how to express a preference with respect to the use of personal information for marketing purposes under subsection (g). (f) Disputed Information.--An individual whose personal information is maintained by a data broker may dispute the accuracy of any information described under subsection (c) by requesting, in writing, that the data broker correct the information. A data broker, after verifying the identity of the individual making the request, and unless there are reasonable grounds to believe the request is frivolous or irrelevant, shall-- (1) with regard to public record information-- (A) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (B) if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly, correct the inaccuracy in the data broker's records; and (2) with regard to non-public information-- (A) note the information that is disputed, including the individual's written request; (B) if the information can be independently verified, use the reasonable procedures established under subsection (a) to independently verify the information; and (C) if the data broker was reporting the information incorrectly, correct the inaccuracy in the data broker's records. (g) Certain Marketing Information.--A data broker that maintains any information described under subsection (a) and that uses, shares, or sells that information for marketing purposes shall provide each individual whose information it maintains with a reasonable means of expressing a preference not to have that individual's information used for those purposes. If an individual expresses such a preference, the data broker may not use, share, or sell that individual's information for marketing purposes. (h) Persons Regulated by the Fair Credit Reporting Act.--A data broker shall be deemed in compliance with this section with respect to information that is subject to the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) if the data broker is in compliance with sections 609, 610, and 611 of that Act (15 U.S.C. 1681g, 1681h, 1681i). SEC. 5. REGULATIONS. Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to implement and enforce the requirements of this Act, including-- (1) a requirement that a data broker establish measures that facilitate the auditing or retracing of any internal or external access to, or transmission of, any data containing personal information collected, assembled, or maintained by the data broker; (2) the establishment of a centralized Internet Web site for the benefit of consumers that lists the data brokers subject to section 4 and provides additional information to consumers about their rights under this Act; (3) if the Commission considers a data broker outside the scope of the purposes of this Act, the exclusion of that data broker from the applicability of this Act, such as, if the Commission considers it appropriate for exclusion, a data broker who processes information collected by or on behalf of and received from or on behalf of a nonaffiliated third party concerning an individual who is a customer or an employee of that third party to enable that third party, directly or through parties acting on its behalf, to provide benefits for its employees or directly transact business with its customers; (4) any exceptions, that the Commission considers necessary, to the auditing and retracing requirements under paragraph (1) to further or protect law enforcement or national security activities; and (5) any exceptions, that the Commission considers necessary, to an individual's right to review the information described under section 4(c), such as for child protection, law enforcement, fraud prevention, or other legitimate government purposes. SEC. 6. ENFORCEMENT. (a) In General.--A violation of a regulation prescribed under this Act shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Commission.--The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any data broker who violates a regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (c) Enforcement by State Attorneys General.-- (1) Civil action.--Except as provided under paragraph (3)(B), in any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a data broker who violates a regulation prescribed under this Act, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin further violation of this Act by the defendant; (B) to compel compliance with this Act; (C) to obtain damages, restitution, or other compensation on behalf of such residents, or to obtain such further and other relief as the court may deem appropriate; or (D) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties.-- (A) Calculation.--For purposes of imposing a civil penalty under paragraph (1)(D), the amount determined under this paragraph is the amount calculated by multiplying the number of separate violations of a rule by an amount not greater than $16,000. (B) Adjustment for inflation.--Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amount specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Intervention by the commission.-- (A) Notice.--A State shall provide prior written notice of any civil action under paragraph (1) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. (B) Intervention by the commission.--The Commission shall have the right-- (i) to intervene in the civil action under paragraph (1); (ii) upon so intervening, to be heard on all matters arising in that civil action; and (iii) to file petitions for appeal of a decision in that civil action. (C) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (4) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State-- (A) to conduct investigations; (B) to administer oaths or affirmations; or (C) to compel the attendance of witnesses or the production of documentary and other evidence. SEC. 7. EFFECT ON OTHER LAWS. (a) Preservation of Commission Authority.--Nothing in this Act may be construed in any way to limit or affect the Commission's authority under any other provision of law. (b) Preservation of Other Federal Law.--Nothing in this Act may be construed in any way to supersede, restrict, or limit the application of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or any other Federal law.", "summary": "Data Broker Accountability and Transparency Act - Prohibits a data broker from obtaining or causing to be disclosed personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing to any person any document that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained or that contains a false, fictitious, or fraudulent statement or representation. Defines "data broker" as a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee in order to sell, or provide third-party access to, such information. Requires data brokers to establish procedures to ensure the accuracy of the personal information they collect, assemble, or maintain and of any other information that specifically identifies an individual, unless the information identifies only names or addresses. Exempts from such requirements information that may be inaccurate if it is collected or maintained solely to: (1) indicate whether there may be a discrepancy or irregularity in the personal information associated with an individual; (2) identify or authenticate the identity of an individual; or (3) protect against or investigate fraud or other unlawful conduct. Requires data brokers to provide individuals a means to review certain information collected, assembled, or maintained on such individuals, unless a regulatory exception promulgated by the Federal Trade Commission (FTC) applies. Requires data brokers to maintain an Internet website that instructs individuals how to: (1) review their information, and (2) express a preference with respect to the use of their personal information for marketing purposes. Permits individuals to dispute the accuracy of their information with a written request that the data broker make a correction. Requires a data broker, with regard to disputed public record information, to: (1) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (2) correct the inaccuracy in the data broker's records if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly. Defines "public record information" as information obtained originally from records of a federal, state, or local government entity that are available for public inspection. Requires a data broker, with regard to disputed non-public information, to: (1) note the information that is disputed, (2) use reasonable procedures to independently verify the information, and (3) correct the inaccuracy in the data broker's records if the data broker was reporting the information incorrectly. Requires data brokers that use, share, or sell certain information for marketing purposes to provide individuals a reasonable means of expressing a preference to exclude their information from being used for such purposes. Sets forth the authority of the FTC and states to enforce this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in Student Success Act of 2014''. TITLE I--AUTHORIZATION OF INCOME SHARE AGREEMENTS SEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW. (a) Purpose.--It is the purpose of this title to authorize individuals to enter into income share agreements for the purposes of obtaining funds in exchange for agreeing to pay to the holder of the contract a specified percentage of the individual's future income. (b) Lawfulness of Contracts; Preemption.--Any income share agreement that complies with the requirements of section 102 shall be a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. SEC. 102. TERMS AND CONDITIONS OF INCOME SHARE AGREEMENT CONTRACTS. (a) Definition of Income Share Agreement.--For purposes of this title, the term ``income share agreement'' means an agreement between an individual and any other person under which the individual commits to pay a specified percentage of the individual's future income, for a specified period of time, in exchange for payments to or on behalf of such individual for postsecondary education, workforce development, or other purposes. (b) Terms and Conditions of Agreements.--An income share agreement complies with the requirements of this section if the contract complies with each of the following conditions: (1) Specified percentage of income.--An income share agreement shall specify the percentage of future income which the individual will be obligated to pay, except that the contract shall exempt, at a minimum, the first $10,000 (adjusted each year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12- month period for which such data are available) of an individual's income when determining the individual's obligation for a given year. (2) Definition of income.--An income share agreement shall specify the definition of income to be used for purposes of calculating an individual's obligation under the contract. (3) Aggregate limitation on obligation.--No eligible individual may enter into any income share agreement if the total percentage of such individual's future income that the individual agrees to pay under that contract, and any other income share agreements of such individual, exceeds 15 percent of such future income. (4) Specified duration; extension of period.--An income share agreement shall specify the maximum period of time during which the individual will be obligated to pay a portion of the individual's future income, except that-- (A) except as provided in subparagraph (B), such period may not exceed 360 months; and (B) such contract may provide that such period may be extended by the number of years during which the individual's income is below the exemption amount specified in the agreement under paragraph (1). (5) Early termination.--An income share agreement shall specify the terms and conditions by which the individual may extinguish the individual's obligations under the contract before the end of the payment period specified in the agreement, based on the remaining term of such period. (c) Required Disclosures.--An income share agreement does not comply with the requirements of this section unless the individual who is committing to pay future income is provided, before entry into such agreement, a disclosure document that clearly and simply discloses that-- (1) the agreement is not a debt instrument, and that the amount the individual will be required to pay under the agreement-- (A) may be more or less than the amount provided to the individual; and (B) will vary in proportion to the individual's future income; (2) the obligations of the individual under the agreement are not dischargeable under bankruptcy law; (3) whether the obligations of the individual under the agreement may be extinguished by accelerating payments, and, if so, under what terms; (4) the duration of the individual's obligations under the agreement (absent such accelerating payments), including any circumstances under which the contract would be extended; (5) the percentage of income the individual is committing to pay and the amount of income that is exempt from the calculation of the individual's obligation; and (6) the definition of income to be used for purposes of calculating the individual's obligation. (d) Noninterference.--An income share agreement shall not be construed to give the contract holder any rights over an individual's actions--it simply represents an obligation by the individual to pay the specific percentage of future income. SEC. 103. DEFINITIONS. As used in this title: (1) State.--The term ``State'' includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (2) State law.--The term ``State law'' means any law, decision, rule, regulation, or other action having the effect of a law of any State or any political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State, except that a law of the United States applicable only to the District of Columbia shall be treated as a State law (rather than a law of the United States). SEC. 104. PREEMPTION OF STATE LAW WITH RESPECT TO USURY. Income share agreements shall not be subject to State usury laws. TITLE II--TAX TREATMENT OF INCOME SHARE AGREEMENTS SEC. 201. TAX TREATMENT OF INCOME SHARE AGREEMENTS. (a) Exclusion From Gross Income of Income Share Agreement Proceeds.--Payments made under an income share agreement to or on behalf of the individual who commits to pay a specified percentage of such individual's future income to another person under such agreement shall not be includible in the gross income of such individual for purposes of the Internal Revenue Code of 1986. (b) Treatment of Payments of Future Income.--Payments of future income received by another person under an income share agreement shall be treated for purposes of the Internal Revenue Code of 1986-- (1) first, with respect to so much of such payments as does not exceed the amount of the payments to which subsection (a) applies with respect to such agreement, as a repayment of investment in the contract which reduces the holder's basis in such agreement, and (2) second, as interest which is includible in gross income. (c) Income Share Agreement.--For purposes of this title, the term ``income share agreement'' has the meaning given such term under title I. TITLE III--QUALIFIED EDUCATION LOAN SEC. 301. QUALIFIED EDUCATION LOAN. (a) In General.--Paragraph (1) of section 221(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Such term includes any income share agreement (as defined in section 102 of the Investing in Student Success Act of 2014), except that payments made by the taxpayer during the taxable year to meet an income share agreement obligation shall not be taken into account under subsection (a)''. (b) Information Reporting Not Required.--Subsection (e) of section 6050S of such Code is amended by inserting ``(without regard to the last sentence thereof)'' after ``section 221(d)(1)''. TITLE IV--FEDERAL INDIVIDUAL ASSISTANCE TREATMENT OF INCOME SHARE AGREEMENTS SEC. 401. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF FINANCIAL NEED UNDER THE HIGHER EDUCATION ACT OF 1965. No portion of any amounts received by an individual for entering into an income share agreement (as such term is defined in title I) shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under the Higher Education Act of 1965. TITLE V--INVESTMENT COMPANY TREATMENT SEC. 501. BUSINESSES MAKING INCOME SHARE AGREEMENTS EXCLUDED FROM INVESTMENT COMPANY TREATMENT. Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a- 3(c)) is amended-- (1) in paragraph (4), by inserting after ``industrial banking,'' the following: ``income share agreements (as defined under section 102 of the Investing in Student Success Act of 2014),''; and (2) in paragraph (5), by inserting ``, including income share agreements'' after ``services'' each place such term appears.", "summary": "Investing in Student Success Act of 2014 - Declares that income share agreements that meet this Act's requirements are valid, binding, and enforceable contracts that are not subject to state usury laws or state laws regulating assignments of future income. Defines an "income share agreement" as an agreement between an individual and any other person under which the individual commits to pay a specified percentage of the individual's future income, for a specified period of time, in exchange for payments to or on behalf of such individual for postsecondary education, workforce development, or other purposes. Requires such an agreement to: specify the percentage of future income the individual will be obligated to pay, but it must exempt, at a minimum, the first $10,000 (adjusted annually for inflation) of income each year; specify what will be considered the individual's income; prevent the individual from obligating more than 15% of the individual's future income toward such agreement; specify the maximum period that an individual will be obligated to make payments, not to exceed 360 months (excluding any period during which an individual's income was below the agreement's exempt amount); and specify the terms and conditions for early termination of an individual's payment period. Requires individuals, before entering into such an agreement, to be provided with a document that clearly and simply discloses: (1) the terms of the agreement, (2) that the agreement is not a debt instrument, (3) that such individual may be required to pay more or less than the amount received, and (4) that an individual's obligations under the agreement are not dischargeable in bankruptcy. Prohibits such agreements from being construed as giving the contract holder any rights over an individual's actions. Excludes payments that are made under an income share agreement from the individual's gross income for tax purposes. Amends the Internal Revenue Code to include income share agreements as qualified education loans, but denies the deduction for interest paid on such loans. Prohibits amounts individuals receive for entering into an income share agreement from being included as income or assets in the computation of the expected family contribution for any program funded under the Higher Education Act of 1965. Amends the Investment Company Act of 1940 to exclude any person from being treated as an investment company if substantially all of that person's business is confined to making income share agreements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gang Prevention and Youth Recreation Act of 1993''. SEC. 2. GRANTS TO CITIES TO PROVIDE EDUCATION, EMPLOYMENT, RECREATION, SOCIAL, AND CULTURAL AWARENESS ASSISTANCE TO AT-RISK YOUTH. The Secretary of Health and Human Services, in consultation with the Secretary of Education, shall, from amounts appropriated under section 10, provide grants to not more than 10 selected cities for the purpose of assisting such cities in establishing and operating teen resource and education centers in such cities to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth. SEC. 3. APPLICATION. To receive a grant under section 2, a city shall submit to the Secretary an application in such form and containing such information as the Secretary may require. SEC. 4. TEEN RESOURCE AND EDUCATION CENTERS. The Secretary may not make a grant under section 2 to a city unless the city agrees that it will use all amounts received from such grant to establish and operate, in conjunction with local social service agencies, at least 2 teen resource and education centers in such city to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth. Teen resource and education centers established and operated using amounts from a grant under section 2 shall, at a minimum, meet the following requirements: (1) Educational assistance.--The teen resource and education centers shall provide educational assistance to at- risk youth for the purpose of-- (A) providing information on institutions of higher education to at-risk youth interested in attending such institutions; (B) establishing a scholarship search and resource program at the centers to provide assistance to such youth in the preparation of financial aid applications, scholarship applications, and other relevant forms and applications; and (C) establishing and carrying out preparatory courses for high school equivalency examinations and college entrance examinations at the center. (2) Employment and skills training assistance.--The teen resource and education centers shall provide employment and skills training assistance to at-risk youth by hiring teen peer counselors to-- (A) provide training to such youth in basic job skills, including interviewing, personal appearance, and communication with coworkers and superiors; (B) provide job referral services to such youth; and (C) establish job banks for such youth by providing listings of job openings in local businesses. (3) Recreational opportunities.--The teen resource and education centers shall provide recreational opportunities for at-risk youth by-- (A) establishing sports teams for such youth and seeking financial support or sponsorship of such teams from local businesses; (B) establishing and carrying out cooperative work activities at such centers, such as a garden to give such youth a chance to work together to achieve positive results from their efforts and to distribute the food harvested from such garden to the families of such youth and to neighborhood soup kitchens; (C) establishing and carrying out creative activities, such as writing, music, media, and visual art classes to provide such youth with the opportunity to channel creative energies and develop creative talents; and (D) establishing and carrying out a reading program to introduce such youth to the importance of reading. (4) Development of social skills.--The teen resource and education centers shall provide for the development of the social skills of at-risk youth by-- (A) hiring adult counselors and providing support groups at such centers for the purpose of counseling such youth on social and personal issues, including issues relating to-- (i) problems facing young minorities; (ii) teen-age pregnancy and early parenthood, including pregnancy prevention and pregnancy management, family planning, and sex education, including education relating to acquired immune deficiency syndrome (AIDS); (iii) job preparedness and unemployment; and (iv) crime; and (B) sponsoring trips for such youth to museums, State capitals, concerts, plays, and other cultural and educational settings and events. (5) Cultural awareness.--The teen resource and education centers shall assist in raising the cultural awareness of at- risk youth by-- (A) establishing and carrying out classes on the history and culture of African-Americans, Hispanics, and other cultural groups to supplement courses taught in elementary and secondary schools and to bolster the social and personal self-esteem and pride of such youth; and (B) encouraging such youth to produce plays, stories, and artwork that reflect their cultural heritage and pride. (6) Financial assistance to college graduates working at teen resource and education centers.-- (A) In general.--The teen resource and education centers shall provide financial assistance from amounts received from a grant under section 2 to graduates of institutions of higher education who work full-time at such centers for the purpose of assisting such graduates to repay student loans obtained by such graduates to attend such schools. (B) Amount of assistance.--The center may provide financial assistance under subparagraph (A) in an amount equal to not more than 25 percent of the total amount owed by a graduate during any year that such graduate is working at such center for the repayment of student loans of such graduate. Such assistance may be provided to a graduate for up to 4 years that such graduate is working at such center. SEC. 5. CITY REPORT. The Secretary may not make a grant under section 2 to a city unless the city agrees that it will submit, for any fiscal year in which such city receives a grant under such section, a report to the Secretary describing the use of such grant, including-- (1) the number of at-risk youth receiving assistance at each teen resource and education center established in such city under section 4; (2) the types of services and referrals received by such at-risk youth; and (3) any other information the Secretary determines to be appropriate. SEC. 6. SELECTION. (a) In General.--The Secretary shall select cities to receive grants under section 2 which have a large number of at-risk youth. (b) Geographic Diversity.--To the extent practicable, the Secretary shall make grants to cities under section 2 in a manner which will equitably distribute such grants among the various regions of the United States. SEC. 7. ALLOCATION. The Secretary may not make a grant under section 2 in a fiscal year to any city in an amount totaling more than 10 percent of amounts appropriated under section 10 for that fiscal year. SEC. 8. REPORTS. (a) Interim Report.--Not later than February 1, 1996, the Secretary shall submit to the Congress an interim report containing-- (1) a compilation of the information contained in the city reports received by the Secretary pursuant to section 5; and (2) a process evaluation of the effectiveness of the grant program. (b) Final Report.--Not later than February 1, 1997, the Secretary shall submit to the Congress a final report containing the information described in subsection (a). SEC. 9. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) At-risk youth.--The term ``at-risk youth'' means individuals who have attained the age of 10 but have not attained the age of 23 and who live in a city in which-- (A) drug and gang activity, or other violent community activity, are prevalent; (B) a large number of youth are unlikely to complete an elementary or secondary education; (C) a large number of youth are runaway or homeless youth; (D) a large number of individuals receive public assistance; and (E) a large number of individuals are single parents. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term under section 1201(a) of the Higher Education Act of 1965. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $1,000,000,000 for each of the fiscal years 1994 and 1995 to carry out section 2. (b) Availability.--Amounts appropriated under subsection (a) shall remain available until expended.", "summary": "Gang Prevention and Youth Recreation Act of 1993 - Directs the Secretary of Health and Human Services (the Secretary) to make grants to not more than ten selected cities to assist them to establish and operate teen resource and education centers to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth. Authorizes the Secretary to make such grants to a city if it applies and agrees to operate at least two such centers. Requires such centers to offer for at-risk youth: (1) educational assistance, including information on institutions of higher education, assistance with financial aid applications and scholarship search, and preparatory courses for high school equivalency and college entrance examinations; (2) employment and skills training, including hiring teen peer counselors to provide basic job skills training, job referral services, and job banks; (3) recreational opportunities, such as sports teams, neighborhood gardening and food distribution, creative activities and arts, and reading programs; (4) social skills development, including hiring adult counselors and providing support groups for counseling on social and personal issues; and (5) cultural awareness programs, such as classes in the history and culture of various cultural groups and productions of plays, stories, and artwork reflecting the cultural heritage of such youth. Requires such centers to provide financial assistance to college graduates who work full-time at the center to assist them to repay part of their student loan debt. Sets forth grant selection, allocation, and reporting requirements. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Insider Trading Prohibition Act''. SEC. 2. PROHIBITION ON INSIDER TRADING. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by adding after section 16 the following new section: ``SEC. 16A. PROHIBITION ON INSIDER TRADING. ``(a) Prohibition Against Trading Securities While in Possession of Material, Nonpublic Information.--It shall be unlawful for any person, directly or indirectly, to purchase, sell, or enter into, or cause the purchase or sale of or entry into, any security, security-based swap, or security-based swap agreement, while in possession of material, nonpublic information relating to such security, security-based swap, or security-based swap agreement, or relating to the market for such security, security-based swap, or security-based swap agreement, if such person knows, or recklessly disregards, that such information has been obtained wrongfully, or that such purchase, sale, or entry would constitute a wrongful use of such information. ``(b) Prohibition Against the Wrongful Communication of Certain Material, Nonpublic Information.--It shall be unlawful for any person whose own purchase or sale of a security, security-based swap, or entry into a security-based swap agreement would violate subsection (a) (referred to in this subsection as the `communicating person'), wrongfully to communicate material, nonpublic information relating to such security, security-based swap, or security-based swap agreement, or relating to the market for such security, security-based swap, or security-based swap agreement, to any other person if-- ``(1) the other person-- ``(A) purchases, sells, or causes the purchase or sale of, any security or security-based swap or enters into or causes the entry into any security-based swap agreement, to which such communication relates; or ``(B) communicates the information to another person who makes or causes such a purchase, sale, or entry while in possession of such information; and ``(2) such a purchase, sale, or entry while in possession of such information is reasonably foreseeable. ``(c) Standard and Knowledge Requirement.-- ``(1) Standard.--For purposes of this section, trading while in possession of material, nonpublic information under subsection (a) or communicating material nonpublic information under subsection (b) is wrongful only if the information has been obtained by, or its communication or use would constitute, directly or indirectly-- ``(A) theft, bribery, misrepresentation, or espionage (through electronic or other means); ``(B) a violation of any Federal law protecting computer data or the intellectual property or privacy of computer users; or ``(C) conversion, misappropriation, or other unauthorized and deceptive taking of such information, or a breach of any fiduciary duty or any other personal or other relationship of trust and confidence. ``(2) Knowledge requirement.--It shall not be necessary that the person trading while in possession of such information (as proscribed by subsection (a)), or making the communication (as proscribed by subsection (b)), know the specific means by which the information was obtained or communicated, or whether any personal benefit was paid or promised by or to any person in the chain of communication, so long as the person trading while in possession of such information or making the communication, as the case may be, was aware, or recklessly disregarded that such information was wrongfully obtained or communicated. ``(d) Derivative Liability.--Except as provided in section 20(a), no person shall be liable under this section solely by reason of the fact that such person controls or employs a person who has violated this section, if such controlling person or employer did not participate in, profit from, or directly or indirectly induce the acts constituting the violation of this section. ``(e) Exempted Transactions.--The Commission may, by rule, exempt any person, security, or transaction, or any class persons securities, or transactions, from any or all of the provisions of this section, upon such terms and conditions as it considers necessary or appropriate, if the Commission determines that such action is not inconsistent with the purposes of this section. The prohibitions of this section shall not apply to any person who acts at the specific direction of, and solely for the account of, a person whose own securities trading, or communications of material, nonpublic information, would be lawful under this section.''. (b) Conforming Amendments.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is further amended-- (1) in section 21(d)(2), by inserting ``or section 16A,'' after ``section 10(b) of this title''; (2) in section 21A-- (A) in subsection (g)(1), by inserting ``and section 16A,'' after ``thereunder,''; and (B) in subsection (h)(1), by inserting ``and section 16A,'' after ``thereunder,''; and (3) in section 21C(f), by inserting ``or section 16A,'' after ``section 10(b)''.", "summary": "Insider Trading Prohibition Act This bill amends the Securities Exchange Act of 1934 to prohibit any person from trading securities or effectuating such trades while in possession of related material, nonpublic information, or while either knowing or recklessly disregarding that the information has been obtained wrongfully, or that the transactions would constitute a wrongful use of such information. It shall also be unlawful for any person whose own securities transactions violate this Act to communicate wrongfully to another person material, nonpublic information relating to either those transactions or the market for them if the other person: purchases, sells, or causes the purchase or sale of, any security or security-based swap or enters into or causes the entry into any security-based swap agreement, to which such communication relates; or communicates the information to another person who makes or causes such a transaction while in possession of such information. The other person's ensuing purchase, sale, or entry while in possession of such information must also be reasonably foreseeable. A standard and a knowledge requirement are prescribed for acts constituting unlawful trading in securities. A person who has neither participated in, profited from, nor induced violations of this Act is shielded from liability even though that person controls or employs the violator. The Securities and Exchange Commission is authorized to exempt from this Act persons, securities, or transactions, subject to any necessary or appropriate terms and conditions, if it determines that the exemption is not inconsistent with the purposes of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Desalination Energy Consumption Reduction Act of 2006''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Qualified desalination facility.--The term ``qualified desalination facility'' means a facility that-- (A) produces for sale to domestic customers desalinated seawater, brackish groundwater, or surface water whose source water is greater than 1000 milligrams per liter total dissolved solids; (B) is owned or operated by-- (i) a State or any political subdivision, agency, authority, or instrumentality of a State; (ii) an Indian tribe; or (iii) a corporation responsible for providing municipal water service pursuant to State or tribal law; (C) is first used to produce commercial desalinated water for sale during the 10-year period beginning on October 1 of the first fiscal year occurring after the date of enactment of this Act; and (D) uses the best available technology as determined by the Secretary. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) State.--The term ``State'' means the several States, the District of Columbia, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Northern Mariana Islands. SEC. 3. DESALINATED WATER ENERGY CONSUMPTION REDUCTION INCENTIVE PAYMENTS. (a) Incentive Payments.--The Secretary shall make incentive payments in an amount determined under subsection (d) to the owners of qualified desalination facilities to encourage the utilization of the best available technology to reduce the consumption of electrical energy in the desalination process. (b) Agreement; Deadline.--The Secretary may not make any payment to the owner or operator of a quailfied desalination facility under this section unless, not later than the end of fiscal year 2018, the Secretary enters into a written agreement with the owner or operator to make such payment. (c) Payment Period.--The Secretary may make payments to the owner or operator of a qualified desalination facility under this section for a period not to exceed 10 years-- (1) beginning on the date on which the facility is first used to produce desalinated water; and (2) ending not later than September 30, 2028. (d) Amount of Payment.-- (1) In general.--Payments made by the Secretary under this section to the owner or operator of any qualified desalination facility shall be based on the amount of electrical energy conserved by the facility below the benchmarks included in the formula established under paragraph (2) during the payment period described in subsection (c), adjusted as provided in paragraph (3). (2) Base payment.--The Secretary shall establish a formula for making incentive payments to owners of qualified desalination facilities producing potable water from source waters ranging from 1,000 to 35,000 milligrams per liter total dissolved solids or more. The payment shall range from 30 cents per 1,000 gallons of potable water produced for any facility that can demonstrate a savings of .25 kilowatt hours per gallon to 90 cents per 1,000 gallons of potable water produced for any facility that can demonstrate a savings of 4.75 kilowatt hours per gallon from a benchmark for energy consumption by such facilities that ranges along a linear scale from 1.8 kilowatt hours per gallon for facilities utilizing source water of 1,000 milligrams per liter total dissolved solids to 14 kilowatt hours per gallon for facilities utilizing source water of 35,000 milligrams per liter total dissolved solids or more. (3) Adjustments.--In the case of any payment made to any person under this subsection in a fiscal year beginning after calendar year 2008, the amount of such payment shall be adjusted by multiplying such amount by the inflation adjustment factor (determined under section 45K(d)(2) of the Internal Revenue Code of 1986 by substituting ``2008'' for ``1979'' in subparagraph (B) thereof) for the calendar year in which the payment is made. (e) Application.--The Secretary may not make a grant to the owner or operator of a qualified desalination facility under this section unless the facility submits an application to the Secretary in such form, at such time, and containing such information and assurances as the Secretary may require. Further, as a part of the application the applicant shall provide a written assurance to the Secretary that the financial benefit of any incentive payments received by the applicant will be utilized for the benefit of the rate payers. (f) Limitation.--In any fiscal year not more than 60 percent of the funds made available by the Secretary under this section shall be made available to the owners or operators of qualified desalination facilities that obtain source water directly from the sea, an estuary, or from in-bank extraction wells that are of seawater origin. (g) Priority.--In awarding incentive payments under this section, the Secretary shall give priority to any application for a project that-- (1) uses innovative technologies to reduce the energy demand of the project; (2) uses renewable energy supplies in the desalination process; (3) provides regional water supply benefits; (4) provides a secure source of new water supplies for national defense activities; (5) reduces the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) uses technologies that minimize the damage to marine life; or (7) provides significant water quality benefits. (h) Budget Act Compliance.--The authority provided by this section may be exercised only in such amounts or to such extent as is provided in advance in appropriations Acts. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $200,000,000 to carry out this section for the period encompassing fiscal years 2008 through 2018.", "summary": "Desalination Energy Consumption Reduction Act of 2006 - Requires the Secretary of Energy to make specified incentive payments to the owners of qualified desalination facilities for up to ten years to encourage the utilization of the best available technology to reduce the consumption of electrical energy in the desalination process. Limits to 60% the amount of available funds to be provided to facilities that obtain source water directly from the sea, an estuary, or from in-bank extraction wells that are of seawater origin. Directs the Secretary, in awarding incentive payments, to give priority to projects that: (1) use innovative technologies to reduce its energy demand; (2) use renewable energy supplies; (3) provide regional water supply benefits; (4) provide a secure source of new water supplies for national defense activities; (5) reduce the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) use technologies that minimize the damage to marine life; or (7) provide significant water quality benefits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Desalination Act of 1996''. SEC. 2. DEFINITIONS. As used in this Act: (1) Desalination or desalting.--The terms ``desalination'' or ``desalting'' mean the use of any process or technique for the removal and, when feasible, adaptation to beneficial use, of organic and inorganic elements and compounds from saline or biologically impaired waters, by itself or in conjunction with other processes. (2) Saline water.--The term ``saline water'' means sea water, brackish water, and other mineralized or chemically impaired water. (3) United states.--The term ``United States'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. (4) Usable water.--The term ``usable water'' means water of a high quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. AUTHORIZATION OF RESEARCH AND STUDIES. (a) In General.--In order to determine the most cost-effective and technologically efficient means by which usable water can be produced from saline water or water otherwise impaired or contaminated, the Secretary is authorized to award grants and to enter into contracts, to the extent provided in advance in appropriation Acts, to conduct, encourage, and assist in the financing of research to develop processes for converting saline water into water suitable for beneficial uses. Awards of research grants and contracts under this section shall be made on the basis of a competitive, merit-reviewed process. Research and study topics authorized by this section include-- (1) investigating desalination processes; (2) ascertaining the optimum mix of investment and operating costs; (3) determining the best designs for different conditions of operation; (4) investigating methods of increasing the economic efficiency of desalination processes through dual-purpose co-facilities with other processes involving the use of water; (5) conducting or contracting for technical work, including the design, construction, and testing of pilot systems and test beds, to develop desalting processes and concepts; (6) studying methods for the recovery of byproducts resulting from desalination to offset the costs of treatment and to reduce environmental impacts from those byproducts; and (7) salinity modeling and toxicity analysis of brine discharges, cost reduction strategies for constructing and operating desalination facilities, and the horticultural effects of desalinated water used for irrigation. (b) Project Recommendations and Reports to the Congress.--As soon as practicable and within three years after the date of enactment of this Act, the Secretary shall recommend to Congress desalination demonstration projects or full-scale desalination projects to carry out the purposes of this Act and to further evaluate and implement the results of research and studies conducted under the authority of this section. Recommendations for projects shall be accompanied by reports on the engineering and economic feasibility of proposed projects and their environmental impacts. (c) Authority To Engage Others.--In carrying out research and studies authorized in this section, the Secretary may engage the necessary personnel, industrial or engineering firms, Federal laboratories, water resources research and technology institutes, other facilities, and educational institutions suitable to conduct investigations and studies authorized under this section. (d) Alternative Technologies.--In carrying out the purposes of this Act, the Secretary shall ensure that at least three separate technologies are evaluated and demonstrated for the purposes of accomplishing desalination. SEC. 4. DESALINATION DEMONSTRATION AND DEVELOPMENT. (a) In General.--In order to further demonstrate the feasibility of desalination processes investigated either independently or in research conducted pursuant to section 3, the Secretary shall administer and conduct a demonstration and development program for water desalination and related activities, including the following: (1) Desalination plants and modules.--Conduct or contract for technical work, including the design, construction, and testing of plants and modules to develop desalination processes and concepts. (2) Byproducts.--Study methods for the marketing of byproducts resulting from the desalting of water to offset the costs of treatment and to reduce environmental impacts of those byproducts. (3) Economic surveys.--Conduct economic studies and surveys to determine present and prospective costs of producing water for beneficial purposes in various locations by desalination processes compared to other methods. (b) Cooperative Agreements.--Federal participation in desalination activities may be conducted through cooperative agreements, including cost-sharing agreements, with non-Federal public utilities and State and local governmental agencies and other entities, in order to develop recommendations for Federal participation in processes and plants utilizing desalting technologies for the production of water. SEC. 5. AVAILABILITY OF INFORMATION. All information from studies sponsored or funded under authority of this Act shall be considered public information. SEC. 6. TECHNICAL AND ADMINISTRATIVE ASSISTANCE. The Secretary may-- (1) accept technical and administrative assistance from States and public or private agencies in connection with studies, surveys, location, construction, operation, and other work relating to the desalting of water, and (2) enter into contracts or agreements stating the purposes for which the assistance is contributed and providing for the sharing of costs between the Secretary and any such agency. SEC. 7. COST SHARING. The Federal share of the cost of a research, study, or demonstration project or a desalination development project or activity carried out under this Act shall not exceed 50 percent of the total cost of the project or research or study activity. A Federal contribution in excess of 25 percent for a project carried out under this Act may not be made unless the Secretary determines that the project is not feasible without such increased Federal contribution. The Secretary shall prescribe appropriate procedures to implement the provisions of this section. Costs of operation, maintenance, repair, and rehabilitation of facilities funded under the authority of this Act shall be non-Federal responsibilities. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Section 3.--There are authorized to be appropriated to carry out section 3 of this Act $5,000,000 per year for fiscal years 1997 through 2002. Of these amounts, up to $1,000,000 in each fiscal year may be awarded to institutions of higher education, including United States-Mexico binational research foundations and interuniversity research programs established by the two countries, for research grants without any cost-sharing requirement. (b) Section 4.--There are authorized to be appropriated to carry out section 4 of this Act $25,000,000 for fiscal years 1997 through 2002. SEC. 9. CONSULTATION. In carrying out the provisions of this Act, the Secretary shall consult with the heads of other Federal agencies, including the Secretary of the Army, which have experience in conducting desalination research or operating desalination facilities. The authorization provided for in this Act shall not prohibit other agencies from carrying out separately authorized programs for desalination research or operations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Water Desalination Act of 1996 - Authorizes the Secretary of the Interior to award grants and contracts to conduct, encourage, and assist in the financing of research to develop processes for converting saline water into water suitable for beneficial uses. Provides appropriate research and study topics. Requires the Secretary to recommend to the Congress desalination demonstration projects or full-scale desalination projects to carry out the purposes of this Act and to further evaluate and implement the results of the research and studies conducted. (Sec. 4) Directs the Secretary to administer and conduct a demonstration and development program for water desalination and related activities, including desalination plants and modules, byproducts marketing, economic cost surveys, and desalination cooperative agreements. (Sec. 5) Requires all information from studies sponsored or funded under this Act to be considered public information. (Sec. 6) Authorizes the Secretary to accept technical and administrative assistance in carrying out this Act. (Sec. 7) Provides Federal cost-sharing limitations for demonstration or development projects conducted under this Act. (Sec. 8) Authorizes appropriations for FY 1997 through 2002. (Sec. 9) Requires the Secretary to consult with the heads of Federal agencies which have experience in conducting desalination research or operating desalination facilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Customs Training Enhancement Act''. SEC. 2. EDUCATIONAL SEMINARS TO IMPROVE ABILITY OF U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL TO CLASSIFY AND APPRAISE IMPORTED ARTICLES. (a) Educational Seminars.-- (1) In general.--The Commissioner shall establish and carry out educational seminars at United States ports of entry to improve the ability of U.S. Customs and Border Protection personnel to classify and appraise articles imported into the United States in accordance with the customs laws of the United States, including to improve the ability of U.S. Customs and Border Protection personnel to identify and prevent the mislabeling and transshipment of articles. (2) Number and exception.--The Commissioner shall establish and carry out not less than 15 educational seminars each year under paragraph (1). The Commissioner may establish and carry out fewer than 15 seminars each year under paragraph (1) if the Commissioner determines and notifies Congress that it is appropriate to do so. (b) Content.-- (1) In general.--The Commissioner and interested parties selected under subsection (d) should provide instruction and related instructional materials at each educational seminar to U.S. Customs and Border Protection personnel and, as appropriate, U.S. Immigration and Customs Enforcement personnel on the following: (A) Conducting a physical inspection of an article imported into the United States, including testing of samples of the article, to determine if the article is mislabeled in the manifest or other accompanying documentation. (B) Reviewing the manifest and other accompanying documentation of an article imported into the United States to determine if-- (i) the country of origin of the article listed in the manifest or other accompanying documentation is accurate; and (ii) the industry supply chain represented in the manifest or other accompanying documentation is accurate. (C) Other related matters as determined to be appropriate by the Commissioner. (2) Approval of commissioner.--The instruction and related instructional materials at each educational seminar shall be subject to the approval of the Commissioner. (c) Costs and Expenses.--The Commissioner shall pay the costs to establish and carry out each educational seminar and shall pay expenses for U.S. Customs and Border Protection personnel, U.S. Immigration and Customs Enforcement personnel, and interested parties to provide instruction in or receive training at the seminar. (d) Selection Process.-- (1) In general.--The Commissioner shall establish a process to solicit, evaluate, and select interested parties for purposes of assisting in providing instruction in the educational seminars under this section. (2) Criteria.--The Commissioner shall, in consultation with the United States International Trade Commission, evaluate and select interested parties under the process established under paragraph (1) based on-- (A) availability and usefulness; (B) the volume, value, and incidence of mislabeling of an imported article that relates to a comparable domestic product of the interested party; and (C) other appropriate criteria established by the Commissioner. (3) Public availability.--The Commissioner shall publish in the Federal Register a detailed description of the process established under paragraph (1) and the criteria established under paragraph (2). SEC. 3. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner responsible for U.S. Customs and Border Protection. (2) Comparable domestic product.--The term ``comparable domestic product'' means a product which is comparable in characteristics and uses with an article imported into the United States and which is covered by an educational seminar under this Act. (3) Customs laws of the united states.--The term ``customs laws of the United States'' means any law or regulation enforced or administered by U.S. Customs and Border Protection. (4) Interested party.--The term ``interested party'' means-- (A) a manufacturer, producer, or wholesaler in the United States of a comparable domestic product; (B) a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States of a comparable domestic product; (C) a trade or business association a majority of whose members manufacture, produce, or wholesale a comparable domestic product in the United States; or (D) an association, a majority of whose members is composed of interested parties described in subparagraph (A), (B), or (C) with respect to a comparable domestic product. (5) United states.--The term ``United States'' means the customs territory of the United States, as defined in General Note 2 to the Harmonized Tariff Schedule of the United States. (6) U.S. customs and border protection personnel.--The term ``U.S. Customs and Border Protection personnel'' means Import Specialists and other appropriate employees of U.S. Customs and Border Protection. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $3,000,000 for each of the fiscal years 2013 through 2017.", "summary": "Customs Training Enhancement Act - Directs the Commissioner of the U.S. Customs and Border Protection (CBP) to establish educational seminars at U.S. ports of entry to improve the ability of CBP personnel to classify and appraise articles imported into the United States in accordance with U.S. customs laws, including their ability to identify and prevent the mislabeling and transshipment of such articles."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Steel Loan Guarantee Program''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States steel industry has been severely harmed by a record surge of more than 40,000,000 tons of steel imports into the United States in 1998, caused by the world financial crisis; (2) this surge in imports resulted in the loss of more than 10,000 steel worker jobs in 1998, and was the imminent cause of 3 bankruptcies by medium-sized steel companies, Acme Steel, Laclede Steel, and Geneva Steel; (3) the crisis also forced almost all United States steel companies into-- (A) reduced volume, lower prices, and financial losses; and (B) an inability to obtain credit for continued operations and reinvestment in facilities; (4) the crisis also has affected the willingness of private banks and investment institutions to make loans to the U.S. steel industry for continued operation and reinvestment in facilities; (5) these steel bankruptcies, job losses, and financial losses are also having serious negative effects on the tax base of cities, counties, and States, and on the essential health, education, and municipal services that these government entities provide to their citizens; and (6) a strong steel industry is necessary to the adequate defense preparedness of the United States in order to have sufficient steel available to build the ships, tanks, planes, and armaments necessary for the national defense. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Board'' means the Loan Guarantee Board established under section 5; (2) the term ``Program'' means the Emergency Steel Guaranteed Loan Program established under section 4; and (3) the term ``qualified steel company'' means any company that-- (A) is incorporated under the laws of any State; (B) is engaged in the production and manufacture of a product defined by the American Iron and Steel Institute as a basic steel mill product, including ingots, slab and billets, plates, flat-rolled steel, sections and structural products, bars, rail type products, pipe and tube, and wire rod; and (C) has experienced layoffs, production losses, or financial losses since the beginning of the steel import crisis, after January 1, 1998. SEC. 4. ESTABLISHMENT OF EMERGENCY STEEL GUARANTEED LOAN PROGRAM. There is established the Emergency Steel Guaranteed Loan Program, to be administered by the Board, the purpose of which is to provide loan guarantees to qualified steel companies in accordance with this Act. SEC. 5. LOAN GUARANTEE BOARD MEMBERSHIP. There is established a Loan Guarantee Board, which shall be composed of-- (1) the Secretary of Commerce, who shall serve as Chairman of the Board; (2) the Secretary of Labor; and (3) the Secretary of the Treasury. SEC. 6. LOAN GUARANTEE PROGRAM. (a) Authority.--The Program may guarantee loans provided to qualified steel companies by private banking and investment institutions in accordance with the procedures, rules, and regulations established by the Board. (b) Total Guarantee Limit.--The aggregate amount of loans guaranteed and outstanding at any one time under this Act may not exceed $1,000,000,000. (c) Individual Guarantee Limit.--The aggregate amount of loans guaranteed under this Act with respect to a single qualified steel company may not exceed $250,000,000. (d) Minimum Guarantee Amount.--No single loan in an amount that is less than $25,000,000 may be guaranteed under this Act, except that the Board may, in exceptional circumstances, guarantee smaller loans. (e) Timelines.--The Board shall approve or deny each application for a guarantee under this Act as soon as possible after receipt of such application. (f) Additional Costs.--For the additional cost of the loans guaranteed under this section, including the costs of modifying the loans as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a), there is authorized to be appropriated $140,000,000, to remain available until expended. (g) Requirements for Loan Guarantees.--A loan guarantee may be issued under this Act upon application to the Board by a qualified steel company pursuant to an agreement to provide a loan to that qualified steel company by a private bank or investment company, if the Board determines that-- (1) credit is not otherwise available to that company under reasonable terms or conditions sufficient to meet its financing needs, as reflected in the financial and business plans of that company; (2) the prospective earning power of that company, together with the character and value of the security pledged, furnish reasonable assurance of repayment of the loan to be guaranteed in accordance with its terms; (3) the loan to be guaranteed bears interest at a rate determined by the Board to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of such loan; and (4) the company has agreed to an audit by the General Accounting Office, prior to the issuance of the loan guarantee and annually while any such guaranteed loan is outstanding. (h) Terms and Conditions of Loan Guarantees.-- (1) Loan duration.--All loans guaranteed under this Act shall be payable in full not later than December 31, 2005, and the terms and conditions of each such loan shall provide that the loan may not be amended, or any provision thereof waived, without the consent of the Board. (2) Loan security.--Any commitment to issue a loan guarantee under this Act shall contain such affirmative and negative covenants and other protective provisions that the Board determines are appropriate. The Board shall require security for the loans to be guaranteed under this Act at the time at which the commitment is made. (3) Fees.--A qualified steel company receiving a guarantee under this Act shall pay a fee in an amount equal to 0.5 percent of the outstanding principal balance of the guaranteed loan to the Department of the Treasury. (i) Reports to Congress.--The Secretary of Commerce shall submit to the Congress annually a full report of the activities of the Board under this Act during fiscal years 1999 and 2000, and annually thereafter, during such period as any loan guaranteed under this Act is outstanding. SEC. 7. SALARIES AND ADMINISTRATIVE EXPENSES. For necessary expenses to administer the Program, there is authorized to be appropriated to the Department of Commerce $5,000,000, to remain available until expended, which may be transferred to the Office of the Assistant Secretary for Trade Development of the International Trade Administration. SEC. 8. TERMINATION OF GUARANTEE AUTHORITY. The authority of the Board to make commitments to guarantee any loan under this Act shall terminate on December 31, 2001. SEC. 9. REGULATORY ACTION. The Board shall issue such final procedures, rules, and regulations as may be necessary to carry out this Act not later than 60 days after the date of enactment of this Act. SEC. 10. IRON ORE COMPANIES. (a) In General.--Subject to the requirements of this section, an iron ore company incorporated under the law of any State shall be treated as a qualified steel company for purposes of the Program. (b) Total Guarantee Limit for Iron Ore Companies.--Of the aggregate amount of loans authorized to be guaranteed and outstanding at any one time under section 6(b), not to exceed $30,000,000 of the amount of loans guaranteed and outstanding at any one time shall be loans with respect to iron ore companies. (c) Minimum Iron Ore Company Guarantee Amount.--Notwithstanding section 6(d), a single loan to an iron ore company in an amount of not less than $6,000,000 may be guaranteed under this section. SEC. 11. EMERGENCY DESIGNATION. The entire amount made available to carry out this Act-- (1) is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)); and (2) shall be available only to the extent that an official budget request that includes designation of the entire amount of the request as an emergency requirement (as defined in the Balanced Budget and Emergency Deficit Control Act of 1985) is transmitted by the President to the Congress.", "summary": "Emergency Steel Loan Guarantee Program - Establishes the Emergency Steel Loan Guarantee Program, and the Loan Guarantee Board to administer it, composed of the Secretaries of Commerce, the Treasury, and Labor. Authorizes such Program to guarantee loans by private banking and investment institutions to qualified steel companies, in accordance with Board-established procedures. Sets forth loan guarantee parameters. Authorizes appropriations. Treats an iron ore company as a qualified steel company for purposes of the Program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Cruise Vessel Development Act of 1994''. SEC. 2. PURPOSE. The purpose of this Act is to promote construction and operation of United States flag cruise vessels in the United States. SEC. 3. COASTWISE TRANSPORTATION OF PASSENGERS. Section 8 of the Act entitled ``An Act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes'', approved June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289), is amended to read as follows: ``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS. ``(a) In General.--Except as otherwise provided by law, a vessel may transport passengers in coastwise trade only if-- ``(1) the vessel is owned by a person that is-- ``(A) an individual who is a citizen of the United States; or ``(B) a corporation, partnership, or association that is a citizen of the United States under section 2(a) of the Shipping Act, 1916 (46 App. U.S.C. 802(a)); ``(2) the vessel meets the requirements of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883); and ``(3) for a vessel that is at least 5 net tons, the vessel is issued a certificate of documentation under chapter 121 of title 46, United States Code, with a coastwise endorsement. ``(b) Exception for Vessel Under Demise Charter.-- ``(1) In general.--Subsection (a)(1) does not apply to a cruise vessel operating under a demise charter that-- ``(A) has a term of at least 18 months; and ``(B) is to a person described in subsection (a)(1). ``(2) Extension of period for operation.--A cruise vessel authorized to operate in coastwise trade under paragraph (1) based on a demise charter described in paragraph (1) may operate in that coastwise trade during a period following the termination of the charter of not more than 6 months, if the operation-- ``(A) is approved by the Secretary; and ``(B) is in accordance with such terms as may be prescribed by the Secretary for that approval. ``(c) Exception for Vessel To Be Reflagged.-- ``(1) Exception.--Subsection (a)(2) and section 12106(a)(2)(A) of title 46, United States Code, do not apply to a cruise vessel if-- ``(A) the vessel-- ``(i) is not documented under chapter 121 of title 46, United States Code, on the date of enactment of the United States Cruise Vessel Development Act of 1994; and ``(ii) is not less than 5 years old and not more than 15 years old on the first date that the vessel is documented under that chapter after that date of enactment; and ``(B) the owner or charterer of the vessel has entered into a contract for the construction in the United States of another cruise vessel that has a total berth or stateroom capacity that is at least 80 percent of the capacity of the cruise vessel. ``(2) Termination of authority to operate.--Paragraph (1) does not apply to a vessel after the date that is 18 months after the date on which a certificate of documentation with a coastwise endorsement is first issued for the vessel after the date of enactment of the United States Cruise Vessel Development Act of 1994 if, before the end of that 18-month period, the keel of another vessel has not been laid, or another vessel is not at a similar stage of construction, under a contract required for the vessel under paragraph (1)(B). ``(3) Extension of period before termination.--The Secretary of Transportation may extend the 18-month period under paragraph (2) for an additional period of not to exceed 6 months for good cause shown. ``(d) Limitation on Operations.--A person (including a related person with respect to that person) who owns or charters a cruise vessel operating in coastwise trade under subsection (b) or (c) under a coastwise endorsement may not operate any vessel between-- ``(1) any 2 ports served by another cruise vessel that transports passengers in coastwise trade under subsection (a) on the date the Secretary issues the coastwise endorsement; or ``(2) any of the islands of Hawaii. ``(e) Penalties.-- ``(1) Civil penalty.--A person operating a vessel in violation of this section is liable to the United States Government for a civil penalty of $1,000 for each passenger transported in violation of this section. ``(2) Forfeiture.--A vessel operated in knowing violation of this section, and its equipment, are liable to seizure by and forfeiture to the United States Government. ``(3) Disqualification from coastwise trade.--A person that is required to enter into a construction contract under subsection (c)(1)(B) with respect to a cruise vessel (including any related person with respect to that person) may not own or operate any vessel in coastwise trade after the period applicable under subsection (c)(2) with respect to the cruise vessel, if before the end of that period a keel is not laid and a similar stage of construction is not reached under such a contract. ``(f) Definitions.--In this section-- ``(1) the term `coastwise trade' includes transportation of a passenger between points in the United States, either directly or by way of a foreign port; ``(2) the term `cruise vessel' means a vessel that-- ``(A) is at least 10,000 gross tons (as measured under chapter 143 of title 46, United States Code); ``(B) has berth or stateroom accommodations for at least 200 passengers; and ``(C) is not a ferry; and ``(3) the term `related person' means, with respect to a person-- ``(A) a holding company, subsidiary, affiliate, or association of the person; and ``(B) an officer, director, or agent of the person or of an entity referred to in subparagraph (A).''. SEC. 4. CONSTRUCTION STANDARDS. Section 3309 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) A vessel described in paragraph (3) is deemed to comply with parts B and C of this subtitle. ``(2) The Secretary shall issue a certificate of inspection under subsection (a) to a vessel described in paragraph (3). ``(3) A vessel is described in this paragraph if-- ``(A) the vessel meets the standards and conditions for the issuance of a control verification certificate to a foreign vessel embarking passengers in the United States; ``(B) a coastwise endorsement is issued for the vessel under section 12106 of this title after the date of enactment of the United States Cruise Vessel Development Act of 1994; and ``(C) the vessel is authorized to engage in coastwise trade by reason of subsection (c) of section 8 of the Act entitled `An Act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes', approved June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289).''. SEC. 5. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION. Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), is amended-- (1) in subsection (a) by inserting ``other than primarily in the transport of passengers,'' after ``the coastwise trade''; and (2) by adding at the end the following new subsection: ``(e) For purposes of determining citizenship under subsection (a) with respect to operation of a vessel primarily in the transport of passengers in coastwise trade, the controlling interest in a partnership or association that owns the vessel shall not be deemed to be owned by citizens of the United States unless a majority interest in the partnership or association is owned by citizens of the United States free from any trust or fiduciary obligation in favor of any person that is not a citizen of the United States.''. SEC. 6. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 1936. Section 1101(b) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271(b)) is amended by striking ``passenger cargo'' and inserting ``passenger, cargo,''. SEC. 7. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK SYSTEM. (a) Priority.--Notwithstanding any other provision of law, the Secretary of the Interior may not permit a person to operate a vessel in any unit of the National Park System except in accordance with the following priority: (1) First, any person that-- (A) will operate a vessel that is documented under the laws of, and the home port of which is located in, the United States; or (B) holds rights to provide visitor services under section 1307(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3197(a)). (2) Second, any person that will operate a vessel that-- (A) is documented under the laws of a foreign country, and (B) on the date of the enactment of this Act is permitted to be operated by the person in the unit. (3) Third, any person that will operate a vessel other than a vessel described in paragraph (1) or (2). (b) Revocation of Permits for Foreign-Documented Vessels.--The Secretary of the Interior shall revoke or refuse to renew permission granted by the Secretary for the operation of a vessel documented under the laws of a foreign country in a unit of the National Park System, if-- (1) a person requests permission to operate a vessel documented under the laws of the United States in that unit; and (2) the permission may not be granted because of a limit on the number of permits that may be issued for that operation. (c) Restrictions on Revocation of Permits.--The Secretary of the Interior may not revoke or refuse to renew permission under subsection (b) for any person holding rights to provide visitor services under section 1307(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3197(a)). (d) Return of Permits.--Any person whose permission to provide visitors services in a unit of the National Park System has been revoked or not renewed under subsection (b) shall have the right of first refusal to a permit to provide visitors services in that unit of the National Park System that becomes available when the conditions described in subsection (b) no longer apply. Such right shall be limited to the number of permits which are revoked or not renewed.", "summary": "United States Cruise Vessel Development Act of 1994 - Amends Federal shipping law to revise provisions prohibiting the use of foreign vessels to transport passengers between places in the United States to authorize the transport of passengers in coastwise trade only if the vessel: (1) is owned by a U.S. citizen, or a U.S. corporation, partnership, or association; (2) meets certain requirements under the Merchant Marine Act; and (3) is at least five net tons and is issued a certificate of documentation with a coastwise endorsement. (Sec. 3) Exempts from this prohibition any cruise vessel: (1) demised to a U.S. person for a term of at least 18 months; or (2) reflagged as a U.S. vessel after enactment of this Act, if the owner or charterer contracts for U.S. construction of another cruise vessel with at least 80 percent of the existing vessel's total berth or stateroom capacity. Prohibits any person owning or chartering a cruise vessel thus exempted from operating any vessel between: (1) any two ports served by another cruise vessel transporting passengers in the coastwise trade on the date the Secretary of Transportation issues the coastwise endorsement; or (2) any of the Hawaiian islands. Sets forth civil and forfeiture penalties for violations of this Act. (Sec. 4) Requires the Secretary of Transportation (Secretary) to issue a certificate of inspection to vessels that: (1) meet the standards and conditions for the issuance of a control verification certificate to a foreign vessel embarking passengers in the United States; (2) a coastwise endorsement is issued; and (3) are authorized to engage in coastwise trade as vessels reflagged under the requirements of this Act. (Sec. 5) Amends the Shipping Act, 1916 to declare that, for purposes of vessel documentation in the coastwise trade, the controlling interest in a partnership or association that owns such a vessel shall not be deemed to be a U.S. citizen unless a majority interest in the partnership or association is owned by U.S. citizens free from any trust or fiduciary obligation in favor of a non-U.S. citizen. (Sec. 7) Prohibits the Secretary of the Interior from permitting a person to operate a vessel in any unit of the National Park System except in accordance with specified priorities, the first of which goes to any person: (1) operating a U.S.-flag vessel whose home port is in the United States; or (2) holding rights to provide visitor services under the Alaska National Interest Lands Conservation Act. Requires the Secretary to revoke or renew permission for the operation of any foreign-documented vessel that does not hold such Alaskan visitor rights if: (1) a person requests permission to operate a U.S.-flag vessel in the same unit; and (2) permission may not be granted because of a limit on the number of such permits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reinvesting In Vital Economic Rivers and Waterways Act of 2013'' or the ``RIVER Act''. SEC. 2. FINDINGS. Congress finds that the inland waterways navigation system-- (1) is an essential economic resource for the United States; (2) serves as the most efficient sustainable transportation mode for bulk commodities in the United States while maintaining environmental resources; and (3) as of the date of enactment of this Act, is underfunded and needs significant changes to remain viable in the future. SEC. 3. PURPOSES. The purpose of this Act is to establish a sustainable, cost- effective way to ensure that the inland and intracoastal waterways of the United States remain economically viable through-- (1) the redesign of the program and project management process applicable to the construction and major rehabilitation of navigation projects on those waterways; (2) the continued development and improvement of inland waterways navigation systems; (3) enhanced efficiency of inland waterways navigation project completion schedules; and (4) inland waterways navigation capital investments to ensure that projects can be completed in a reasonable timeframe and to allow maximum systemwide benefits. SEC. 4. DEFINITIONS. In this Act: (1) Inland and intracoastal waterways.--The term ``inland and intracoastal waterways'' means the inland and intracoastal waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804). (2) Inland waterway users board.--The term ``Inland Waterway Users Board'' means the Inland Waterway Users Board established by section 302 of the Water Resources Development Act of 1986 (33 U.S.C. 2251). (3) Major rehabilitation project.--The term ``major rehabilitation project'' means a project for the restoration of a major project or major project feature of the inland and intracoastal waterways that has an estimated cost greater than $50,000,000. (4) Qualifying project.--The term ``qualifying project'' means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is-- (A) authorized before, on, or after the date of enactment of this Act; (B) not completed as of the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (5) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. SEC. 5. PROJECT DELIVERY PROCESS REFORMS. (a) In General.--The Secretary shall promulgate regulations that, at a minimum, shall require for each qualifying project-- (1) a cost estimation that is risk-based and has a confidence level of not less than 80 percent; (2) an independent external peer review and submission to Congress (in the case of a feasibility report) or the Secretary (in the case of a rehabilitation evaluation report) for any qualifying project-- (A) that-- (i) has an estimated total project cost greater than $45,000,000; (ii) is subject to public safety concerns, as determined by the Secretary; (iii) involves a high level of complexity or novel or precedent-setting approaches, as determined by the Secretary; or (iv) is identified by the Secretary as a matter of significant interagency interest; or (B) for which a review has been requested by the Governor of any State affected by the project; (3) the appointment to a project development team for the qualifying project of a member of the Inland Waterways Users Board, as selected by a majority of the Inland Waterways Users Board; (4) a quarterly update submitted to the Inland Waterways Users Board of the status of a qualifying project that is under construction; (5) the inclusion of the Chairman of the Inland Waterways Users Board and the project development team appointee under paragraph (3) as signatories of the project management plan for a qualifying project; (6) the establishment of a system to identify and apply on a continuing basis lessons learned from prior or ongoing projects so as to improve the likelihood of on-time and on- budget completion of qualifying projects; (7) the evaluation, including through the use of 1 or more pilot projects, of early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance; and (8) any additional measures that the Secretary determines will achieve the purposes of this Act, including, as determined appropriate by the Secretary-- (A) the implementation of applicable practices and procedures drawn from the management of the military construction program by the Secretary; (B) the development and use of a portfolio of standard designs for inland navigation locks; (C) the use of full-funding contracts or the formulation of a revised continuing contracts provision; and (D) the establishment of procedures for recommending new project construction starts using a capital projects business model. (b) Report Requirement.-- (1) In general.--For each fiscal year, the Secretary shall submit to Congress a report that describes each project, if any, that receives more than 50 percent of the total amount of funds made available in that fiscal year under the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (2) Requirement.--For each project described in paragraph (1) that exceeds the estimated cost of carrying out that project for 3 or more consecutive years, the Secretary shall include in the report submitted under that paragraph alternative financing plans for the project. SEC. 6. 20-YEAR CAPITAL INVESTMENT PROGRAM. (a) Program Required.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in conjunction with the Inland Waterways Users Board, shall submit to Congress a 20- year program for making capital investments on the inland and intracoastal waterways, which shall include plans to update communications technology and be based on the application of objective national project-selection prioritization criteria, as developed by the Secretary. (2) Contents.--The 20-year program described in paragraph (1) may be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Inland Waterways Users Board. (b) Annual Review and Update.-- (1) In general.--Beginning not later than 1 year after the date on which a 20-year program is submitted to Congress under subsection (a), and each year thereafter, the Secretary, in conjunction with the Inland Waterways Users Board, shall submit to Congress an updated 20-year program. (2) Contents.--The updated program described in paragraph (1) shall include an identification and explanation of any changes that were made to the project-specific recommendations included in the previous 20-year program, including any changes that were made to the objective national project-selection prioritization criteria used to develop the updated recommendations. (c) Strategic Review and Update.-- (1) In general.--Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary, in conjunction with the Inland Waterways Users Board, shall submit to Congress a strategic review of the capital investment program for the Inland Marine Transportation System, including any revisions to the program that the Secretary and the Users Board jointly consider to be appropriate. (2) Inclusions.--The review described in paragraph (1) shall include an analysis of the communications technology in use on the inland and intracoastal waterways system and a description of any plans to modernize that technology to increase safety and maximize efficiency. SEC. 7. LIMITATION ON EXPENDITURES FROM THE INLAND WATERWAYS TRUST FUND. Section 9506 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c)(1), by-- (A) inserting ``and subject to subsection (d),'' after ``Except as provided in paragraph (2),''; and (B) inserting before the period at the end ``, provided that such expenditures may not exceed 50 percent of the total cost of the construction or rehabilitation''; and (2) by inserting at the end the following: ``(d) Limitation on Expenditures From Trust Fund.-- ``(1) In general.--Amounts in the Inland Waterways Trust Fund shall not be available for expenditures for-- ``(A) construction or rehabilitation of dams, or ``(B) any rehabilitation expenditure that does not equal or exceed $50,000,000. ``(2) Restriction on total cost.--Amounts in the Inland Waterways Trust Fund shall not be used to pay for any part of the cost to construct an authorized Federal project that exceeds the sum of-- ``(A) the amount equal to-- ``(i) the total authorized cost to construct the Federal project as specified in the Public Law that authorized construction of the project or, in the case of a rehabilitation project, in the relevant rehabilitation evaluation report, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the year in which construction or rehabilitation under the project begins (determined by substituting the year that precedes the calendar year in which such project was authorized for `1992' in subparagraph (B) of such section), and ``(B) any additional amount that is jointly agreed to by the Secretary and the Inland Waterways Users Board as appropriate to the project.''. SEC. 8. REVISION TO INLAND WATERWAYS USER FEE. Section 4042(b)(2)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) The Inland Waterways Trust Fund financing rate is the rate determined in accordance with the following table: The tax per ``If the use occurs: gallon is: During 2013........................................ 20 cents After 2013......................................... 29 cents''.", "summary": "Reinvesting In Vital Economic Rivers and Waterways Act of 2013 or RIVER Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to promulgate regulations that, at a minimum, require certain delivery process criteria for qualifying construction and major rehabilitation projects for navigation infrastructure of inland and intracoastal waterways. Directs the Secretary, in conjunction with the Inland Waterways Users Board, to submit to Congress a 20-year program for making capital investments on inland and intracoastal waterways. Allows such program to be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Board. Amends the Internal Revenue Code to limit expenditures from the Inland Waterways Trust Fund to 50% of the total cost of the construction or rehabilitation project. Makes Fund amounts unavailable for: (1) construction or rehabilitation of dams, or (2) rehabilitation expenditures that do not equal or exceed $50 million. Increases the Inland Waterways Trust Fund financing rate (user fee) from 20 cents to 29 cents after 2013."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Death Gratuity Equity Act of 2016''. SEC. 2. INCREASING THE DEATH GRATUITY FOR A FEDERAL CIVILIAN EMPLOYEE KILLED IN THE LINE OF DUTY. (a) Amendment to Title 5.--Subchapter VII of chapter 55 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5571. Certain employee death gratuities payable by reason of death of a Federal civilian employee resulting from an injury sustained in the line of duty ``(a) Definitions.--In this section-- ``(1) the term `child'-- ``(A) includes-- ``(i) a natural child; and ``(ii) an adopted child; and ``(B) does not include a stepchild who has not been adopted by the applicable civilian employee; and ``(2) the term `civilian employee' means an individual who the Secretary of Labor has determined is an employee, as defined in section 8101(1). ``(b) Death Gratuity Authorized.-- ``(1) In general.--Notwithstanding section 8116, and in addition to any payment made under subchapter I of chapter 81, the head of an agency shall pay from appropriations made available for salaries and expenses of that agency a death gratuity for the death of a civilian employee of that agency occurring on or after the date of enactment of this section if the death of the civilian employee-- ``(A) resulted from an injury sustained in the line of duty; and ``(B) did not result from-- ``(i) natural causes; or ``(ii) serious and willful misconduct by the civilian employee. ``(2) Payment.--A death gratuity paid under paragraph (1) shall be-- ``(A) in the amount described in subsection (c); and ``(B) paid to a person described in subsection (d). ``(c) Amounts Available.-- ``(1) In general.--Except as provided in paragraph (2), the amount of a death gratuity paid under this section shall be-- ``(A) $100,000 per civilian employee; and ``(B) adjusted annually on March 1 of each year by the amount determined by the Secretary of Labor to represent the percentage difference between the Consumer Price Index (all items; United States city average) published for December of the preceding year and that price index published for the December of the year before the preceding year, adjusted to the nearest \\1/10\\ of 1 percent. ``(2) Local compensation plan.--The amount of a death gratuity paid in relation to the death of a civilian employee compensated under a local compensation plan established under section 408 of the Foreign Service Act of 1980 (22 U.S.C. 3968) shall be determined by regulations promulgated by the Secretary of State. ``(d) Execution of Payment.-- ``(1) Establishment of claim.--Upon the establishment of a valid claim for a death gratuity under this section, payment shall be made-- ``(A) to a person who-- ``(i) survives a civilian employee on the date of the death of the civilian employee; and ``(ii) is alive on the date that title to the payment arises; and ``(B) in the order of precedence established under paragraph (2). ``(2) Order of payment.--The order of precedence established under this paragraph is as follows: ``(A)(i) To a beneficiary designated by the civilian employee in a signed and witnessed writing that-- ``(I) is received by the agency employing the civilian employee before the date of the death of the civilian employee; and ``(II) specifies that the beneficiary shall receive an amount payable under this section. ``(ii) A will or other document that is not executed and filed as described in clause (i) shall not constitute a writing under clause (i) and such a will or other document shall have no force or effect. ``(B) If there is no beneficiary designated under subparagraph (A), to the surviving spouse of the civilian employee. ``(C) If subparagraphs (A) and (B) do not apply, to-- ``(i) the child or children of the civilian employee; and ``(ii) any descendants of a deceased child or children of the civilian employee by representation. ``(D) If subparagraphs (A), (B), and (C) do not apply, to the surviving parent or parents of the civilian employee. ``(E) If subparagraphs (A) through (D) do not apply, to the duly appointed executor or administrator of the estate of the civilian employee. ``(F) If subparagraphs (A) through (E) do not apply, to the person entitled to the payment under the laws of the domicile of the civilian employee on the date of the death of the civilian employee. ``(e) Payment Not Gross Income.--A payment under this section shall not be considered gross income of a person described in subsection (d)(2) under section 61 of the Internal Revenue Code of 1986.''. (b) Amendments to Title 49.--Section 40122(g)(2) of title 49, United States Code, is amended-- (1) by redesignating subparagraphs (C) through (J) as subparagraphs (D) through (K), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) section 5571, relating to a death gratuity resulting from an injury sustained in the line of duty;''. (c) Technical and Conforming Amendments.--Chapter 55 of title 5, United States Code, is amended-- (1) in the heading for subchapter VII, by striking ``EMPLOYEES'' and inserting ``PERSONS AND PAYMENTS FOR DISABILITY OR DEATH''; and (2) in the table of sections-- (A) by striking the item relating to subchapter VII and inserting the following: ``subchapter vii--payments to missing persons and payments for disability or death''; and (B) by inserting after the item relating to section 5570 the following: ``5571. Certain employee death gratuities payable by reason of death of a Federal civilian employee resulting from an injury sustained in the line of duty.''. SEC. 3. REPEAL OF 1996 DEATH GRATUITY PAYMENT AUTHORITY. Section 651 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (5 U.S.C. 8133 note; Public Law 104-208) is repealed. SEC. 4. FUNERAL AND BURIAL EXPENSES. (a) In General.--Section 8134 of title 5, United States Code, is amended by striking subsection (a) and inserting the following: ``(a)(1) For deaths occurring on or after the date of enactment of the Death Gratuity Equity Act of 2016, if death results from an injury sustained in the performance of duty, the United States shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $8,800, in the discretion of the Secretary of Labor. ``(2) The maximum payment permitted under paragraph (1) shall be adjusted annually on March 1 of each year in accordance with the adjustment described in section 8146a.''. (b) Applicability.--Section 8134(a) of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to a death occurring before the date of enactment of this Act without regard to whether payment is made before, on, or after the date of enactment of this Act. SEC. 5. FEDERAL EMPLOYEES' COMPENSATION ACT DEATH GRATUITY. (a) In General.--Section 8102a of title 5, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Death Gratuity Authorized.-- ``(1) In general.-- ``(A) Payment.--Except as provided in paragraph (2), for deaths occurring on or after the date of enactment of the Death Gratuity Equity Act of 2016, the United States shall pay a death gratuity of $100,000 to or for the eligible survivor under subsection (d) immediately upon receiving official notification of the death of an employee who dies of injuries incurred in connection with the service of that employee with an Armed Force in a contingency operation. ``(B) Adjustment.--The amount under subparagraph (A) shall be adjusted annually on March 1 of each year by the amount determined by the Secretary of Labor to represent the percentage difference between the Consumer Price Index (all items; United States city average) published for December of the preceding year and that price index published for the December of the year before the preceding year, adjusted to the nearest \\1/10\\ of 1 percent. ``(C) No reduction.--The death gratuity payable under subparagraph (A) shall not be reduced by the amount of any other death gratuity provided under any other law of the United States that is based on the same death. ``(2) Compensation for noncitizens and nonresidents.--For claims arising under section 8137, the amount of the death gratuity shall be subject to that section and the regulations promulgated under that section.''; (2) by striking subsection (c); (3) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (4) in subsection (c), as so redesignated, by adding at the end the following: ``(7) If there are no eligible survivors, as described in paragraphs (1) through (6), and the employee has not designated another person to receive an amount payable under this section, that amount shall be paid to the personal representative of the estate of the employee.''. (b) Applicability.--Section 8102a of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to a death occurring before the date of enactment of this Act without regard to whether payment is made before, on, or after the date of enactment of this Act. SEC. 6. AGENCY GRATUITY FOR DEATHS SUSTAINED IN THE PERFORMANCE OF DUTY ABROAD. Section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973) is amended-- (1) in subsection (a)-- (A) in the first sentence, by striking ``dependents'' and inserting ``beneficiary''; and (B) in the second sentence, by inserting ``, except as provided in subsection (e)'' after ``payable from any source''; (2) by amending subsection (b) to read as follows: ``(b) Executive Agencies.--The head of an executive agency shall, pursuant to guidance issued under subsection (c), make a death gratuity payment authorized by this section to the surviving beneficiary of-- ``(1) any employee of that agency who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to section 207; or ``(2) an individual in a special category serving in an uncompensated capacity for that agency abroad in support of a diplomatic mission, as identified in guidance issued under subsection (c), who dies as a result of injuries sustained in the performance of duty abroad.''; (3) by amending subsection (d) to read as follows: ``(d) Eligibility Under Chapter 81 of Title 5, United States Code.--A death gratuity payment may be made under this section only if the death is determined by the Secretary of Labor to have resulted from an injury (excluding a disease proximately caused by the employment) sustained in the performance of duty under section 8102 of title 5, United States Code.''; (4) by redesignating subsection (e) as subsection (g); (5) by inserting after subsection (d) the following: ``(e) Offset.--For deaths occurring on or after the date of enactment of this subsection, the death gratuity payable under this section shall be reduced by the amount of any death gratuity provided under section 5571 of title 5, United States Code, based on the same death. ``(f) Tax Treatment.--A payment under this section shall not be considered gross income of a surviving beneficiary under section 61 of the Internal Revenue Code of 1986.''; and (6) in subsection (g), as so redesignated, by amending paragraph (2) to read as follows: ``(2) the term `surviving beneficiary' means the person identified under the order of precedence established under section 5571(d)(2) of title 5, United States Code.''. SEC. 7. EMERGENCY SUPPLEMENTAL AUTHORIZATION IN THE EVENT OF THE INABILITY OF AN AGENCY TO MEET THE REQUIREMENTS OF THIS ACT. (a) In General.--If the head of an agency (as defined in section 5561 of title 5, United States Code) determines, with the concurrence of the Director of the Office of Management and Budget, that a natural disaster, act of terrorism, or other incident results in the inability of the agency to meet the requirements of this Act and the amendments made by this Act, additional amounts are authorized to be appropriated to make additional payments-- (1) under-- (A) section 5571(b) of title 5, United States Code, as added by section 2(a); (B) section 8102a of title 5, United States Code, as amended by section 5; and (C) section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973), as amended by section 6; and (2) that would exceed the amount available to the agency without the additional appropriations. (b) Additional Payments.--A payment authorized under subsection (a) may be made only if additional appropriations are provided for a purpose described in that subsection. (c) Congressional Vote.--It is the sense of Congress that Congress should vote on a request for additional appropriations under this section not later than 30 days after the date of submission of such a request to Congress.", "summary": "Death Gratuity Equity Act of 2016 This bill requires federal agencies to pay a death gratuity of $100,000 per employee for the death of civilian employees resulting from injuries sustained in the line of duty that did not result from natural causes or the employee's serious and willful misconduct. The bill also allows an additional payment of up to $8,800 for funeral and burial expenses. (Currently, funeral and burial payments may not exceed $800 per employee and the combination of payments for death gratuity, funeral, burial, and other compensation and reimbursements may not exceed $10,000 per employee.) The amounts must be adjusted annually for inflation. For tax purposes, a death gratuity payment shall not be considered gross income to the person receiving payment. The death gratuity remains at $100,000 for an employee who dies of injuries incurred in connection with service with an Armed Force in a contingency operation, except that employees who are noncitizens and nonresidents of the United States or Canada, and their dependents, are subject to the Department of Labor's authority to modify payments that are substantially disproportionate to compensation for disability or death payable in similar cases under local laws or customs at the place outside the continental United States or Canada where the employee is working at the time of injury. The bill also allows such death gratuities in connection with such Armed Force service to be paid in addition to any other amounts paid under U.S. law based on the same death. The Foreign Service Act of 1980 is amended to make death gratuities payable to the surviving beneficiaries (currently, dependents) of U.S. Foreign Service employees, or individuals in a special category serving in an uncompensated capacity for that agency in support of a diplomatic mission, who die as a result of injuries sustained in the performance of duty abroad. But the Foreign Service death gratuity is reduced by the amount of any federal civilian employee death gratuity paid under this bill for the same death. Additional amounts are authorized to be appropriated for death gratuity payments under this bill if an agency and the Office of Management and Budget determine that a natural disaster, act of terrorism, or other incident results in the inability of the agency to meet these death gratuity payment requirements. An authorized payment that exceeds the amount available to the agency without additional appropriations may be made only if Congress makes the additional appropriations for that purpose."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Human Rights Sanctions Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Iran voted in the United Nations General Assembly on December 10, 1948, to adopt the Universal Declaration of Human Rights, thereby committing to guarantee the ``life, liberty, and security of person'' of all people and rejecting ``cruel, inhuman, or degrading treatment or punishment''. (2) Iran is a party to major international human rights instruments. (3) The Government of Iran is violating its international obligations to respect the human rights and fundamental freedoms of its citizens, including by-- (A) using torture and cruel, inhuman, or degrading treatment or punishment, including flogging, and amputations; (B) carrying out an increasingly high rate of executions in the absence of internationally recognized safeguards, including public executions; (C) using stoning as a method of execution and maintaining a high number of persons in prison who continue to face sentences of execution by stoning; (D) carrying out arrests, violent repression, and sentencing of women exercising their right to peaceful assembly, a campaign of intimidation against women's rights defenders, and continuing discrimination against women and girls; (E) permitting or carrying out increasing discrimination and other human rights violations against persons belonging to religious, ethnic, linguistic, or other minorities; (F) imposing ongoing, systematic, and serious restrictions of freedom of peaceful assembly and association and freedom of opinion and expression, including the continuing closures of media outlets, arrests of journalists, and the censorship of expression in online forums such as blogs and websites; and (G) imposing severe limitations and restrictions on freedom of religion and belief, including by carrying out arbitrary arrests, indefinite detentions, and lengthy jail sentences for those exercising their rights to freedom of religion or belief and proposing a provision in a draft penal code that sets out a mandatory death sentence for apostasy, the abandoning of one's faith. (4) On June 19, 2009, the United Nations High Commissioner for Human Rights expressed concerns about the increasing number of arrests not in conformity with the law and the illegal use of excessive force in responding to protests following the June 12, 2009, political processes in Iran, resulting in at least dozens of deaths and hundreds of injuries. (5) On August 1, 2009, authorities in the Government of Iran began a mass trial of more than 100 individuals in connection with election protests, most of whom were held for weeks, in solitary confinement, with little or no access to their lawyers or families, and many of whom showed signs of torture or abuse. (6) The ``Supreme Leader'' of Iran issued a statement on October 28, 2009, effectively criminalizing dissent in the aftermath of the national political processes of June 12, 2009. (7) On November 4, 2009, security forces in the Government of Iran used brutal force to disperse thousands of protesters, resulting in a number of injuries and arrests, in violation of international norms regarding the proportionate use of force against peaceful demonstrations. (8) At least 8 citizens of Iran were killed and an undetermined number were injured on December 27, 2009, when security forces of the Government of Iran violently broke up peaceful gatherings during the Ashura holiday. (9) The Government of Iran has recently sentenced numerous Iranian citizens to death without due process for politicized crimes relating to the peaceful demonstrations that followed the June 12, 2009, political processes, including ``waging war against God'', and has begun carrying out those execution sentences, including the death by hanging of 2 individuals on January 28, 2010. (10) The Iran Freedom Support Act (Public Law 109-293; 50 U.S.C. 1701 note) declares that it should be the policy of the United States-- (A) to support efforts by the people of Iran to exercise self-determination over the form of government of their country; and (B) to support independent human rights and peaceful pro-democracy forces in Iran. SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST CITIZENS OF IRAN OR THEIR FAMILY MEMBERS AFTER THE JUNE 12, 2009, POLITICAL PROCESSES IN IRAN. (a) In General.--The President shall impose sanctions described in subsection (c) (1) and (2) with respect to each person on the list required by subsection (b), beginning not later than the date on which the President submits to the appropriate congressional committees the list required by subsection (b)(1) or the updated list required by subsection (b)(2) (as the case may be). (b) List of Persons Who Are Complicit in Certain Human Rights Abuses.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons who are citizens of Iran that the President determines are complicit in human rights abuses committed against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. (2) Updates of list.--Not later than 180 days after the date of the enactment of this Act, and every 90 days thereafter, the President shall submit to the appropriate congressional committees an updated list under paragraph (1). (3) Public availability.--The list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations.--In preparing the list required by paragraph (1), the President shall consider data already obtained by other countries and nongovernmental organizations, including organizations in Iran, that monitor the human rights abuses of the Government of Iran. (c) Sanctions Described.--The sanctions described in this subsection are the following: (1) Visa ban.--Ineligibility for a visa to enter the United States. (2) Financial sanctions.--Sanctions authorized under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property. (d) Termination of Sanctions.--The provisions of this section shall cease to have force and effect beginning 90 days after the date on which the President determines and certifies to the appropriate congressional committees that-- (1) the persons sanctioned under this section have ceased to be complicit in human rights abuses committed against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran; and (2) the Government of Iran has-- (A) unconditionally released all political prisoners, including the citizens of Iran detained in the aftermath of the June 12, 2009, political processes in Iran, and allowed for investigations of Iranian prisons by appropriate international human rights organizations; (B) ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Iran while engaging in peaceful political activity; (C) conducted a transparent investigation into the killings, arrest, and abuse of peaceful political activists in Iran and prosecuted those responsible; (D) legalized all political activity; (E) made public commitments to organizing free and fair elections for a new government-- (i) to be held in a timely manner within a period not to exceed 180 days after the date on which the President makes the determination and certification to the appropriate congressional committees under this subsection; (ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and (iii) to be conducted under the supervision of internationally recognized observers; (F) ceased any interference with broadcasts such as Voice of America and Radio Farda; and (G) made public commitments to and is making demonstrable progress in-- (i) establishing an independent judiciary; and (ii) respecting internationally recognized human rights and basic freedoms as recognized in the Universal Declaration of Human Rights. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' has the meaning given that term in section 14(2) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (2) Country reports on human rights practices.--The term ``Country Reports on Human Rights Practices'' means the annual reports required to be submitted by the Department of State to Congress under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)). (3) Government of iran.--The term ``Government of Iran'' includes any agency or instrumentality of the Government of Iran, including any entity that is controlled by the Government of Iran. (4) Human rights abuses.--The term ``human rights abuses'' means those forms of abuses detailed in the Department of State's annual Country Reports on Human Rights Practices.", "summary": "Iran Human Rights Sanctions Act - Directs the President to impose visa entry and financial sanctions on a person determined to be complicit in human rights abuses committed against Iranian citizens or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. Requires that: (1) the list of such persons required by this Act be made available to the public and posted on the Department of the Treasury and the Department of State websites; and (2) the President consider data obtained by other countries and nongovernmental organizations that monitor Iran's human rights abuses in preparing such list. Terminates sanctions upon presidential certification to Congress that: (1) the sanctioned persons have ceased complicity in human rights abuses; and (2) the government of Iran has released all political prisoners, ceased its killing and abuse of Iranian citizens engaging in peaceful political activity and prosecuted those responsible, committed itself to free elections and respect for human rights, and ceased broadcast interference."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Centennial Fund Act''. SEC. 2. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the National Park Centennial Fund established under section 3. (2) In-kind.--The term ``in-kind'' means the fair market value of non-cash contributions provided by non-Federal partners, which may be in the form of real property, equipment, supplies and other expendable property, as well as other goods and services. (3) Project or program.--The term ``Project or program'' means a National Park Centennial Project or Program funded pursuant to this Act. (4) Proposal.--The term ``Proposal'' means a National Park Centennial Proposal submitted pursuant to section 4. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. NATIONAL PARK CENTENNIAL FUND. There is established in the Treasury of the United States a fund which shall be known as the National Park Centennial Fund. In each fiscal year from fiscal year 2009 through fiscal year 2018, the Secretary of the Treasury shall deposit into the Fund, from the general treasury, $30,000,000 each fiscal year. SEC. 4. PROGRAM ALLOCATION. (a) In General.--Each fiscal year, the President's annual budget submission for the Department of the Interior shall include a list of proposals which shall be known as National Park Centennial Proposals. The Secretary shall establish a standard process for developing the list that shall encourage input from both the public and a broad cross- section of employees at every level of the National Park Service. The list-- (1) shall include proposals having an aggregate cost to the Federal Government equal to the unobligated amount in the Fund; (2) shall include only proposals consistent with National Park Service policies and adopted park planning documents; (3) may include proposals for any area within the national park system (as that term is defined in section 2 of the Act of August 8, 1953 (16 U.S.C. 1c)), clusters of areas within such system, a region or regions of such system, or such system in its entirety; (4) shall cumulatively represent a nationwide array of proposals that is diverse geographically, in size, scope, magnitude, theme, and variety under the initiatives described in subsection (b); (5) shall give priority to proposals demonstrating long- term viability beyond receipts from the Fund; (6) shall include only proposals meeting the requirements of one or more of the initiatives set forth in subsection (b); (7) must contain proposals under each of the initiatives set forth in subsection (b); and (8) shall give priority to proposals with committed, nonfederal support but shall also include proposals funded entirely by the Fund. (b) National Park Centennial Initiatives.--The requirements referred to in subsection (a)(6) are as follows: (1) Education in parks centennial initiative.--Proposals for the ``Education in Parks Centennial Initiative'' shall meet the following requirements: (A) Priority shall be given to proposals designed to increase National Park-based educational opportunities for elementary, secondary and college students particularly those from populations historically under represented among visitors to the National Park System. (B) Priority shall be given to proposals designed to bring students into the National Park System in person. (C) Proposals should include strategies for encouraging young people to become lifelong advocates for National Parks. (D) Proposals shall be developed in consultation with the leadership of educational and youth organizations expected to participate in the proposed initiative. (2) Diversity in parks centennial initiative.-- (A) Study.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report detailing a service- wide strategy for increasing diversity among National Park Service employees at all levels and visitors to the National Park System. (B) Proposals.--Proposals for the ``Diversity in Parks Centennial Initiative'' shall meet the following requirements: (i) Each proposal shall be based on recommendations contained in the report required in subparagraph (A). (ii) Each proposal shall be designed to make National Park Service employees, visitors to the National Park System, or both, reflect the diversity of the population of the United States. (3) Supporting park professionals centennial initiative.-- Proposals for the ``Supporting Park Professionals Centennial Initiative'' shall meet the following requirements: (A) Taken as a whole, proposals shall provide specific opportunities for National Park Service employees, at all levels, to participate in professional career development. (B) Proposals may include National Park Service- designed, internal professional development programs. (C) Proposals may also be designed to facilitate participation in external professional development programs or established courses of study by National Park Service employees. (4) Environmental leadership centennial initiative.-- Proposals for the ``Environmental Leadership Centennial Initiative'' shall meet the following requirements: (A) Each proposal shall be designed to do one or more of the following: (i) Reduce harmful emissions. (ii) Conserve energy or water resources. (iii) Reduce solid waste production within the National Park System. (B) Each proposal shall include strategies for educating the public regarding Environmental Leadership projects and their results. (C) Priority shall be given to proposals with the potential to spread technological advances to other Federal agencies or to the private sector. (5) Natural resource protection centennial initiative.-- Proposals for the ``Natural Resource Protection Centennial Initiative'' shall meet the following requirements: (A) Each proposal shall be designed to restore or conserve native ecosystems within the National Park System. (B) Priority shall be given to proposals designed to control invasive species. (C) Each proposal shall be based on the best available scientific information. (6) Cultural resource protection centennial initiative.-- Proposals for the ``Cultural Resource Protection Centennial Initiative'' shall-- (A) either-- (i) increase the National Park Service's knowledge of cultural resources located within the National Park System through means including, but not limited to, surveys, studies, mapping, and documentation of such resources; or (ii) improve the condition of documented cultural resources within the National Park System; (B) incorporate the best available scientific information; and (C) where appropriate, be developed in consultation with Native American tribes, State historic preservation offices, or other organizations with cultural resource preservation expertise. (7) Health and fitness in parks centennial initiative.-- (A) In general.--Proposals for the ``Health and Fitness in Parks Centennial Initiative'' shall fall into one or more of the following four categories: (i) Proposals designed to repair, rehabilitate, or otherwise improve infrastructure, including trails, that facilitates healthy outdoor activity within the National Park System. (ii) Proposals designed to expand opportunities for access to the National Park System for visitors with disabilities. (iii) Proposals to develop and implement management plans (such as climbing plans and trail system plans) for activities designed to increase the health and fitness of visitors to the National Park System. (iv) Proposals to develop outreach programs and media that provide public information regarding health and fitness opportunities within the National Park System. (B) Miscellaneous requirements.--All proposals for ``the Health and Fitness in Parks Centennial Initiative'' shall-- (i) be consistent with National Park Service policies and adopted park planning documents; and (ii) be designed to provide for visitor enjoyment in such a way as to leave the National Park System unimpaired for future generations. (c) Funding.--In each of fiscal years 2009 through 2018, unobligated amounts in the Fund shall be available without further appropriation for projects authorized by this Act, but may not be obligated or expended until 120 days after the annual submission of the list of proposals required under this section to allow for Congressional review. (d) Limitation on Distribution of Funds.--No more than 30 percent of amounts available from the Fund for any fiscal year may be spent on projects that are for the construction of facilities that cost in excess of $5,000,000. SEC. 5. PARTNERSHIPS. (a) Donations.--The Secretary may actively encourage and facilitate participation in proposals from non-Federal and philanthropic partners, and may accept donations, both monetary and in-kind for any Project or Program pursuant to section 1 of the Act of June 5, 1920 (16 U.S.C. 6), and other authorities to accept donations existing on the date of enactment of this Act. (b) Terms and Conditions.--To the extent that private organizations or individuals are to participate in or contribute to any Project or Program, the terms and conditions of that participation or contribution as well as all actions of employees of the National Park Service, shall be governed by National Park Service Directors Order #21, ``Donations and Fundraising'', as in force on the date of the enactment of this Act. SEC. 6. MAINTENANCE OF EFFORT. Amounts made available from the Fund shall supplement rather than replace annual expenditures by the National Park Service, including authorized expenditures from the Land and Water Conservation Fund and the National Park Service Line Item Construction Program. The National Park Service shall maintain adequate, permanent staffing levels and permanent staff shall not be replaced with nonpermanent employees hired to carry out this Act or Projects or Programs carried out with funds provided under this Act. SEC. 7. REPORTS. For each fiscal year beginning in fiscal year 2009, the Secretary shall submit to Congress a report that includes the following: (1) A detailed accounting of all expenditures from the Fund divided by categories of proposals under section 4(b), including a detailed accounting of any private contributions, either in funds or in kind, to any Project or Program. (2) A cumulative summary of the results of the National Park Centennial program including recommendations for revisions to the program. (3) A statement of whether the National Park Service has maintained adequate, permanent staffing levels and what nonpermanent and permanent staff have been hired to carry out this Act or Projects or Programs carried out with funds provided under this Act. SEC. 8. REPEAL OF LAND AND WATER CONSERVATION FUND CONTRACT AUTHORITY. (a) In General.--Section 9 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-10a) is hereby repealed. (b) Conforming Amendment.--The Land and Water Conservation Fund Act of 1965 is amended by redesignating sections 10 through 13 (16 U.S.C. 460l-10b through 460l-10e) as sections 9 through 12, respectively.", "summary": "National Park Centennial Fund Act - (Sec. 3) Establishes in the Treasury the National Park Centennial Fund, into which there shall be deposited from the general treasury $30 million for each fiscal year from FY2009 through FY2018. (Sec. 4) Requires the President's annual budget submission for the Department of the Interior to include a list of National Park Centennial Proposals. Directs the Secretary of the Treasury to establish a standard process for the development of the list which shall encourage input from both the public and a broad cross-section of employees at every level of the National Park Service (NPS). Requires the list to, among other things: (1) give priority to proposals demonstrating long-term viability beyond receipts from the Fund; (2) contain proposals under each of the initiatives set forth in this Act; and (3) give priority to proposals with committed, nonfederal support, but to also include proposals funded entirely by the Fund. Specifies that the list include proposals that meet the requirements of one or more of : (1) an Education in Parks Centennial Initiative; (2) a Diversity in Parks Centennial Initiative; (3) a Supporting Park Professionals Centennial Initiative; (4) an Environmental Leadership Centennial Initiative; (5) a Natural Resource Protection Centennial Initiative; (6) a Cultural Resource Protection Centennial Initiative; and (7) a Health and Fitness in Parks Centennial Initiative. Requires, with respect to the Diversity in Parks Centennial Initiative, submission of a report detailing a service-wide strategy for increasing diversity among NPS employees at all levels and visitors to the National Park System. Makes, from FY2009-FY2018, unobligated amounts in the Fund available for projects authorized by this Act, but bars such amounts from being obligated or expended until 120 days after the annual submission of the list of proposals to allow for congressional review. Prohibits more than 30% of amounts available from the Fund for any fiscal year from being spent on projects that are for the construction of facilities the cost of which exceeds $5 million. (Sec. 5) Authorizes the Secretary of the Interior to encourage and facilitate participation in proposals from non-federal and philanthropic partners, and to accept donations. (Sec. 6) States that amounts made available from the Fund shall supplement rather than replace annual expenditures by the NPS. Requires the NPS to maintain adequate, permanent staffing levels and prohibits the replacement of permanent staff with nonpermanent employees hired to carry out this Act. (Sec. 7) Requires the Secretary to submit to Congress a report that includes: (1) an accounting of expenditures from the Fund; (2) a cumulative summary of the results of the National Park Centennial program; and (3) a statement of whether the NPS has maintained adequate, permanent staffing levels and what nonpermanent and permanent staff have been hired to carry out this Act. (Sec. 8) Repeals requirements under the Land and Water Conservation Fund Act of 1965 permitting the obligation of up to $30 million during each fiscal year for the acquisition of lands, waters, or interests in the National Park System for recreation purposes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Loss Prevention Act''. SEC. 2. ENERGY AUDIT REQUIREMENT FOR SINGLE-FAMILY AND MULTIFAMILY HOUSING PURCHASED USING A FEDERALLY RELATED HOUSING LOAN. (a) Requirements.--Except as provided in subsection (d) and section 3, a seller of single-family or multifamily housing that will be purchased with the assistance of a federally related housing loan may not sell such housing, unless-- (1) not less than 5 years before the time of sale of the housing, an energy audit meeting the requirements of subsection (b) is conducted with respect to such housing; (2) the seller provides the purchaser a copy of the results of the energy audit referred to in paragraph (1); and (3) the results of the energy audit referred to in paragraph (1) are submitted to the Secretary of Housing and Urban Development. (b) Energy Audit.--An energy audit meets the requirements under this subsection only if-- (1) the audit is conducted by a home energy auditor or equivalent, as determined by the Secretary; (2) the results of the audit are recorded using energy audit and disclosure forms prescribed by regulation by the Secretary for single-family or multifamily housing, as applicable; and (3) the results of the audit include-- (A) a standardized ratings score, based on a scoring system approved by the Secretary, in consultation with the Secretary of Energy, that allows the energy efficiency of the housing to be compared to the energy efficiency of similar housing, as determined by the Secretary; and (B) a prioritized list, based on cost-effectiveness and energy savings, of potential energy efficiency improvements for the housing. (c) Notice.--A person who accepts applications for federally related housing loans shall provide to each applicant for such a loan, at the time of such application, written notice of the following: (1) The requirements under subsection (a). (2) The exception under subsection (d) and exemption under section 3. (3) That the Department of Housing and Urban Development maintains, on an Internet website, a database containing copies of the results of energy audits conducted pursuant to this Act. (4) That the applicant for the loan may obtain, from the Department of Housing and Urban Development, copies of any energy audits with respect to the housing for which the loan application is made that have been submitted to such Department. (d) Exception for New Energy Efficient Housing.--The requirements under this section shall not apply with respect to the seller of single-family housing or multifamily housing that will be purchased with the assistance of a federally related housing loan if such housing-- (1) was constructed not more than 5 years before the time of sale involving such loan; and (2) is-- (A) Energy Star qualified; (B) certified under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the United States Green Building Council; or (C) certified under an equivalent certification system approved by the Secretary, in consultation with the Secretary of Energy. (e) Accessibility of Energy Audit Results.-- (1) Local housing offices.--The Secretary shall coordinate with appropriate local recorders of deeds (or other similar local offices responsible for maintaining records of residential real property interests and transactions) to maintain copies of the results of energy audits conducted pursuant to this Act on-file in conjunction with the deeds to such housing. (2) HUD database.--The Secretary shall establish and maintain a database containing copies of the results of energy audits conducted pursuant to this Act and ensure such database is accessible to the public on an Internet website. SEC. 3. EXEMPTION. The Secretary may grant a seller an exemption from any requirement of this Act if the Secretary determines that such requirement would, due to circumstances unique to the single-family housing or multifamily housing that will be purchased with the assistance of a federally related housing loan and not based on a condition caused by actions of the seller, cause undue hardship for the seller. An exemption granted under this section shall be limited to the minimum change necessary to avoid undue hardship. SEC. 4. CIVIL PENALTIES. In the case of any sale of single-family or multifamily housing involving a federally related housing loan in violation of section 2 of this Act, the Secretary shall assess a civil money penalty against the seller in an amount not to exceed 20 percent of the sale price of such housing for which such loan is made. SEC. 5. HOME ENERGY LOSS PREVENTION FUND AND FEE. (a) Fee.--The Secretary shall assess persons that make federally related housing loans a fee for each such loan made, in an amount to be determined by the Secretary, but not more than necessary to pay costs incurred in carrying out the responsibilities of the Department of Housing and Urban Development under this Act. The Secretary shall collect and deposit such fees in the Home Energy Loss Prevention Fund established under subsection (b)(1) for use in accordance with this section. (b) Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Home Energy Loss Prevention Fund'', consisting of-- (A) amounts collected as fees assessed under subsection (a); and (B) any interest earned on investment of amounts in the Home Energy Loss Prevention Fund credited to the Fund under paragraph (2)(B). (2) Investment of amounts.-- (A) In general.--The Secretary of the Treasury shall invest such portion of the Home Energy Loss Prevention Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest- bearing obligations of the United States. (B) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Home Energy Loss Prevention Fund shall be credited to the Fund. (3) Use of amounts in the fund.--To the extent provided in advance in appropriations Acts, amounts in the Home Energy Loss Prevention Fund shall be made available to the Secretary without fiscal year limitation to carry out the responsibilities of the Department of Housing and Urban Development under this Act. SEC. 6. REGULATIONS AND EFFECTIVE DATE. (a) Regulations.--Not later than one year after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out this Act. (b) Effective Date.--The requirements under this Act shall take effect 6 months after the date regulations are promulgated pursuant to subsection (a). SEC. 7. DEFINITIONS. In this Act: (1) Energy audit.--The term ``energy audit'' has the meaning given such term in section 391(13) of the Energy Policy and Conservation Act (42 U.S.C. 6371(13)). (2) Federally related housing loan.--The term ``federally related housing loan'' means the following loans: (A) Single-family housing loans.--A federally related mortgage loan, as such term is defined in paragraph (1) of section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)). (B) Multifamily housing loans.--A loan that is described in paragraph (1) of section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)), except that for purposes of subparagraph (A) of such paragraph (1) shall be applied-- (i) by substituting ``(including condominium and cooperative projects)'' for ``(including individual units of condominiums and cooperatives)''; and (ii) by substituting ``5 or more families'' for ``from one to four families''. (3) Home energy auditor.--The term ``home energy auditor'' means a person who is certified by an agency approved by the Secretary, in consultation with the Secretary of Energy, to conduct energy audits for single-family housing or multifamily housing, as applicable. (4) Multifamily housing.--The term ``multifamily housing'' means any residential structure consisting of 5 or more dwelling units. (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (6) Single-family housing.--The term ``single-family housing'' means any residential structure consisting of 1 to 4 dwelling units. (7) Time of sale.--The term ``time of sale'' means, with respect to any single-family or multifamily housing for which a federally related housing loan is made, the date of the recording of a deed transferring legal title to real property to implement the sale of property that involved such loan.", "summary": "Home Energy Loss Prevention Act - Prohibits a seller of housing that will be purchased with the assistance of a federally related housing loan from selling such housing, unless: (1) no less than five years before the sale of such housing, an energy audit is conducted; (2) the seller provides the purchaser a copy of audit results; and (3) such results are submitted to the Secretary of Housing and Urban Development (HUD). Requires such audits to be conducted by a home energy auditor or equivalent. Requires such audit results to be recorded using energy audit and disclosure forms prescribed by the Secretary and to include: (1) a standardized ratings score that allows the housing's energy efficiency to be compared to the energy efficiency of similar housing; and (2) a prioritized list, based on cost-effectiveness and energy savings, of potential energy efficiency improvements. Establishes notice requirements for persons who accept such loans. Exempts from such requirements the seller of housing that: (1) was constructed no more than five years before the time of sale; and (2) is Energy Star qualified or certified under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the United States Green Building Council or an equivalent certification system approved by the Secretary. Requires the Secretary to maintain an online, publicly accessible database containing copies of audit results. Authorizes the Secretary to grant a seller an exemption from any requirement of this Act that would cause the seller undue hardship due to circumstances unique to the housing and not based on a condition caused by the seller's actions. Requires the Secretary to assess persons that make federally related housing loans a fee for each such loan made and to deposit such fees in the Home Energy Loss Prevention Fund (established by this Act), which shall be available to the Secretary to carry out HUD's responsibilities under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Seeds for the Future Act''. SEC. 2. PUBLIC CULTIVAR DEVELOPMENT. Section 2 of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Definitions.--In this section: ``(A) Conventional breeding.--The term `conventional breeding' means the development of new varieties of an organism through controlled mating and selection without the use of transgenic methods. ``(B) Cultivar.--The term `cultivar' means a variety of a species of plant that has been intentionally selected for use in cultivation because of the improved characteristics of that variety of the species. ``(C) Public cultivar.--The term `public cultivar' means a cultivar that is the commercially available uniform end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance.''; and (2) by adding at the end the following: ``(l) Public Cultivar Development Funding.-- ``(1) In general.--Of the amount of grants made under subsections (b) and (c), the Secretary of Agriculture (referred to in this subsection as the `Secretary') shall ensure that not less than $50,000,000 for each fiscal year is used for competitive research grants that support the development of public cultivars. ``(2) Priority.--In making grants under paragraph (1), the Secretary shall give priority to high-potential research projects that lead to the release of public cultivars. ``(3) Grants.--The Secretary shall ensure that the terms and renewal process for any competitive grants made under subsection (b) in accordance with paragraph (1) facilitate the development and commercialization of public cultivars through long-term grants not less than 5 years in length. ``(4) Report.--Not later than October 1 of each year, the Secretary shall submit to Congress a report that provides information on all public cultivar and breeding research funded by the Department of Agriculture, including-- ``(A) a list of public cultivars and varieties of public cultivars developed and released in a commercially available form; ``(B) areas of high priority research; ``(C) identified research gaps relating to public cultivar development; and ``(D) an assessment of the state of commercialization for cultivars that have been developed.''. SEC. 3. PUBLIC CULTIVAR RESEARCH COORDINATION. (a) In General.--Section 251 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971) is amended-- (1) in subsection (e), by adding at the end the following: ``(6) Public cultivar research activities coordinator.-- ``(A) In general.--The Under Secretary shall appoint a coordinator within the Research, Education, and Extension Office that reports to the Under Secretary to coordinate research activities at the Department relating to the breeding of public cultivars (as defined in paragraph (3) of section 2(a) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(a))). ``(B) Duties of coordinator.--The coordinator appointed under subparagraph (A) shall-- ``(i) coordinate plant breeding research activities funded by the Department relating to the development of public cultivars; ``(ii)(I) carry out ongoing analysis and track activities for any Federal research funding supporting plant breeding (including any public cultivars developed with Federal funds); and ``(II) ensure that the analysis and activities are made available to the public not later than 60 days after the last day of each fiscal year; ``(iii) develop a strategic plan that establishes targets for public cultivar research investments across the Department to ensure that a diverse range of crop needs are being met in a timely and transparent manner; ``(iv) convene a working group in order to carry out the coordination functions described in this subparagraph comprised of individuals who are responsible for the management, administration, or analysis of public breeding programs within the Department from-- ``(I) the National Institute of Food and Agriculture; ``(II) the Agricultural Research Service; and ``(III) the Economic Research Service; ``(v) in order to maximize delivery of public cultivars, promote collaboration among-- ``(I) the coordinator; ``(II) the working group convened under clause (iv); ``(III) the advisory council established under section 1634 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5843); ``(IV) genetic resource conservation centers; ``(V) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); ``(VI) Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))); ``(VII) Native American-serving nontribal institutions (as defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c))); ``(VIII) nongovernmental organizations with interest or expertise in public breeding; and ``(IX) public and private plant breeders; ``(vi) convene regular stakeholder listening sessions to provide input on national and regional priorities for public cultivar breeding research activities across the Department; and ``(vii) evaluate and make recommendations to the Under Secretary on training and resource needs to meet future breeding challenges.''; and (2) in subsection (f)(1)(D)(i), by striking ``(7 U.S.C. 450i(b))'' and inserting ``(7 U.S.C. 3157(b))''. (b) Conforming Amendment.--Section 296(b)(6)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is amended by striking ``Office; and'' and inserting ``Office (including the public cultivar research activities coordinator under subsection (e)(6) of that section); and''.", "summary": "Seeds for the Future Act This bill amends the Competitive, Special, and Facilities Research Grant Act to require the Department of Agriculture (USDA) to ensure that at least $50 million of USDA grant funding is used each year for competitive research grants that support the development of public cultivars. A \"cultivar\" is a variety of plant that has been intentionally selected for use in cultivation because of its improved characteristics. A \"public cultivar\" is the commercially available uniform end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance. The bill also amends the Department of Agriculture Reorganization Act of 1994 to establish a public cultivar research activities coordinator within USDA to coordinate research activities relating to the breeding of public cultivars."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Berta Caceres Human Rights in Honduras Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Honduran police are widely established to be deeply corrupt and commit human rights abuses, including torture, rape, illegal detention, and murder, with impunity. (2) The New York Times revealed documents on April 15, 2016, indicating that top officials of the Honduran police ordered the killings of drug-crime investigators Julian Aristides Gonzales and Alfredo Landaverde in 2009 and 2011, respectively, with the subsequent knowledge of top police and, evidently, high-ranking government officials. The Times suggested in a subsequent article that the revelations were being manipulated by the President of Honduras for his own corrupt purposes. (3) Individuals in the police with documented records of having committed gross human abuses with impunity continue to be appointed to high positions within the police. (4) International human rights bodies have reported that the Honduran military and police commit human rights abuses, including killings, with impunity. The Associated Press has documented death squad activity by police. Human Rights Watch reports: ``The use of lethal force by the national police is a chronic problem. Investigations into the police abuses are marred by inefficiency and corruption, little information about them is made public; and impunity is the rule.''. (5) The Department of State's Honduran Human Rights Report for 2016 reports: ``Impunity remains a serious problem, with prosecution in cases of military and police officials charged with human rights violations moving too slowly or remaining inconclusive.''. (6) Repeated efforts to clean up the Honduran police have largely failed. A recent commission to clean up the police reports that it has separated a number of police. However, to date there has been minimal and only token progress in effectively prosecuting members of the police involved in corruption and human rights abuses, and the reported separations have not been independently verified. Moreover, long-lasting, fundamental reform of the police still needs to be enacted. (7) Rights Action documented the Fifteenth Battalion of the Honduran Armed Forces allegedly participated with police and private security forces in some of the killings of over 100 small-farmer activists in the Aguan Valley beginning in 2000. In 2015, Human Rights Watch confirmed that the killings of Aguan farmers were met with no consequences. To date there has been one confirmed conviction of a private actor. Assassinations of key activists continue. In October 2016, Jose Angel Flores, the president of the Unified Campesino Movement of the Aguan (MUCA), and Silmer Dionisio George, another MUCA member, were assassinated. (8) Further examples abound of human rights abuses by the military: in July 2013 members of the Armed Forces shot and killed Tomas Garcia, a Lenca Indigenous activist, and injured his son while they were peacefully protesting a dam project; in May 2014, nine members of the Ninth Infantry reportedly tortured and killed Amado Maradiaga Quiroz and tortured his son, Milton Noe Maradiaga Varela. The cases remain unresolved. In a recent emblematic case, on December 27, 2015, the Honduran Navy reportedly killed Joel Palacios Lino and Elvis Armando Garcia, two Garifuna Afro-Indigenous men who were engaged in digging a car out of the sand on a beach. The case remains in impunity over a year later. (9) The current Government of Honduras has expanded the military's reach into domestic policing, including the creation of a 3,000-member Military Police in clear violation of the Honduran constitution and with disastrous results, including the killings of a 15-year-old boy, Ebed Yanes, in 2012 and a student, Erlin Misael Carias Moncada, in 2014, after they had passed unarmed through checkpoints, and the January 2, 2017, killing of 17-year-old Edgardo Moreno Rodriquez. Since the creation of the Military Police ``allegations of human rights abuses by the military have increased notably'', reports Human Rights Watch. In 2016 the creation of two new battalions of the Military Police was announced. (10) The Honduran judicial system has been widely documented to be rife with corruption. Judges, prosecutors and other officials are interconnected with organized crime and drug traffickers, contributing to near-complete immunity. (11) The Department of State in its 2015 Human Rights Report for Honduras reports ``corruption, intimidation, and institutional weakness of the justice system leading to widespread impunity.''. (12) Summarizing the situation, Human Rights Watch reports in 2016 that ``Rampant crime and impunity for human rights abuses remain the norm in Honduras . . . Efforts to reform the institutions responsible for providing public security have made little progress. Marred by corruption and abuse, the judiciary and police remain largely ineffective.''. (13) The March 2, 2016, assassination of prominent Lenca Indigenous and environmental activist Berta Caceres, world- renowned recipient of the 2015 Goldman Environmental Prize for her work defending Indigenous land rights against a hydroelectric dam project, illustrates the human rights crisis in Honduras, and the deep complicity of the Honduran government. Caceres, the leader of COPINH, the Council of Indigenous and Popular Organizations of Honduras, had reported to authorities 33 threats previous to her killing, but none had been investigated, and the government had failed to provide adequate protection measures as mandated by the Inter-American Commission on Human Rights, with protection by Honduran security being withdrawn the day of her death. (14) As of February 2017, eight suspects, four of whom have ties to the Honduran military, have been arrested in the killing of Caceres, one of whom is a current officer in the military and three others are former military. These arrests raise serious questions about the role of the Honduran military in her assassination, including the chain of command within the military as well as the identity of the true authors of the assassination. (15) The Government of Honduras continues to unduly limit legally mandated access by Ms. Caceres' family to the case file. In late September 2016, the original case file was allowed to leave the Public Ministry and was stolen. (16) Despite calls from 62 Members of Congress, members of the family of Berta Caceres, COPINH, leaders of the European Union, the Vatican Pontifical Council on Peace and Justice, and many others, the Honduran government has not permitted the Inter-American Commission on Human rights to conduct an independent investigation of the case. (17) In this context of corruption and human rights abuses, trade unionists, journalists, lawyers, Afro-Indigenous activists, Indigenous activists, small-farmer activists, LGBTI activists, human rights defenders, and critics of the government remain at severe risk; and previous human rights abuses against them remain largely unpunished. (18) The May 2, 2016, shooting of prominent opposition journalist Felix Molina illustrates the continued risk facing activists. Hours before he was shot, Molina had posted information potentially linking Caceres's killing to a top government official, members of an elite family, and one of the prosecutors in the case. (19) The Consolidated Appropriations Act, 2016 allocated approximately $18,000,000 to the Honduran police and military, in addition to the National Defense Authorization Act for Fiscal Year 2016 authorizing additional funding. The Administration's funding request for fiscal year 2017 also calls for an increase in security funding for Honduras. (20) The Inter-American Development Bank in 2012 lent $59,800,000 to the Honduran police, with United States approval. SEC. 3. SUSPENSION AND RESTRICTIONS OF SECURITY ASSISTANCE EXTENDED TO REPUBLIC OF HONDURAS UNLESS CERTAIN CONDITIONS HAVE BEEN MET. (a) Suspension of Security Assistance.--No funds may be made available to provide assistance for the police or military of the Republic of Honduras, including assistance for equipment and training. (b) Loans From Multilateral Development Banks.--The Secretary of the Treasury shall instruct United States representatives at multilateral development banks to vote no on any loans for the police or military of the Republic of Honduras. SEC. 4. CONDITIONS FOR LIFTING SUSPENSIONS AND RESTRICTIONS. The provisions of this Act shall terminate on the date on which the Secretary of State determines and certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of Honduras has-- (1) pursued all legal avenues to bring to trial and obtain a verdict of those who ordered and carried out-- (A) the March 2, 2016, murder of Berta Caceres; (B) the killings of over 100 small-farmer activists in the Aguan Valley; (C) the December 27, 2015, killings of Joel Palacios Lino and Elvis Armando Garcia; and (D) the May 3, 2016, armed attack on Felix Molina; (2) investigated and successfully prosecuted members of military and police forces who are credibly found to have violated human rights, and ensured that the military and police cooperated in such cases, and that such violations have ceased; (3) withdrawn the military from domestic policing, in accordance with the Honduran Constitution, and ensured that all domestic police functions are separated from the command and control of the Armed Forces of Honduras and are instead directly responsible to civilian authority; (4) established that it protects effectively the rights of trade unionists, journalists, human rights defenders, Indigenous, Afro-Indigenous, small-farmer, and LGBTI activists, critics of the government, and other civil society activists to operate without interference; and (5) taken effective steps to fully establish the rule of a law and to guarantee a judicial system that is capable of investigating, prosecuting, and bringing to justice members of the police and military who have committed human rights abuses.", "summary": "Berta Caceres Human Rights in Honduras Act This bill prohibits funds from being made available to Honduras for the police or military (including for equipment and training), and directs the Department of the Treasury to instruct U.S. representatives at multilateral development banks to vote against any loans for the police or military of Honduras, until the Department of States certifies that the government of Honduras has: prosecuted members of the military and police for human rights violations and ensured that such violations have ceased; established the rule of law and guaranteed a judicial system capable of bringing to justice members of the police and military who have committed human rights abuses; established that it protects the rights of trade unionists, journalists, human rights defenders, government critics, and civil society activists to operate without interference; withdrawn the military from domestic policing; and brought to trial and obtained verdicts against those who ordered and carried out the attack on Felix Molina and the killings of Berta Caceres, Joel Palacios Lino, Elvis Armando Garcia, and over 100 small-farmer activists in the Aguan Valley."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Investment Act of 1995''. SEC. 2. CREDIT FOR INTEREST ON EDUCATION LOANS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. INTEREST ON EDUCATION LOANS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Maximum Credit.-- ``(1) In general.--Except as provided in paragraph (2), the credit allowed by subsection (a) for the taxable year shall not exceed $500 ($1,000 in the case of 2 or more individuals with qualified higher education expenses paid by any qualified education loan). ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--If the modified adjusted gross income of the taxpayer for the taxable year exceeds $40,000 ($60,000 in the case of a joint return), the amount which would (but for this paragraph) be allowable as a credit under this section shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so allowable as such excess bears to $15,000. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined-- ``(i) without regard to sections 135, 911, 931, and 933, and ``(ii) after application of sections 86, 219, and 469. ``(C) Inflation adjustment.--In the case of any taxable year beginning after 1996, the $40,000 and $60,000 amounts referred to in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, except that subparagraph (B) of subsection (1)(f)(3) shall be applied by substituting `1995' for `1992'. ``(D) Rounding.--If any amount as adjusted under subparagraph (C) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50 (or, if such amount is a multiple of $25, such amount shall be rounded to the next highest multiple of $50). ``(c) Limitation on Taxpayers Eligible for Credit.--No credit shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Limit on Period Credit Allowed.-- ``(1) Taxpayer and taxpayer's spouse.--Except as provided in paragraph (2), a credit shall be allowed under this section only with respect to interest paid on any qualified education loan during the first 60 months (whether or not consecutive) in which interest payments are required. For purposes of this paragraph, any loan and all refinancings of such loan shall be treated as 1 loan. ``(2) Dependent.--If the qualified education loan was used to pay education expenses of an individual other than the taxpayer or the taxpayer's spouse, a credit shall be allowed under this section for any taxable year with respect to such loan only if-- ``(A) a deduction under section 151 with respect to such individual is allowed to the taxpayer for such taxable year, and ``(B) such individual is at least a half-time student with respect to such taxable year. ``(e) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' means any indebtedness incurred to pay qualified higher education expenses-- ``(A) which are incurred on behalf of the taxpayer, the taxpayer's spouse, or a dependent of the taxpayer, ``(B) which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and ``(C) which are attributable to education furnished during a period during which the recipient was at least a half-time student. Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified education loan. The term `qualified education loan' shall not include any indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer. ``(2) Qualified higher education expenses.--The term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before the date of the enactment of this Act) of the taxpayer, the taxpayer's spouse, or a dependent of the taxpayer at an eligible educational institution. For purposes of the preceding sentence, the term `eligible educational institution' has the same meaning given such term by section 135(c)(3), except that such term shall also include an institution conducting an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility which offers postgraduate training. ``(3) Half-time student.--The term `half-time student' means any individual who would be a student as defined in section 151(c)(4) if `half-time' were substituted for `full- time' each place it appears in such section. ``(4) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(f) Special Rules.-- ``(1) Denial of double benefit.--No credit shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(3) Marital status.--Marital status shall be determined in accordance with section 7703.'' (b) Reporting Requirement.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information concerning transactions with other persons) is amended by inserting after section 6050P the following new section: ``SEC. 6050Q. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS. ``(a) Education Loan Interest of $600 or More.--Any person-- ``(1) who is engaged in a trade or business, and ``(2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on any qualified education loan, shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, ``(2) contains-- ``(A) the name and address of the individual from whom the interest described in subsection (a)(2) was received, ``(B) the amount of such interest received for the calendar year, and ``(C) such other information as the Secretary may prescribe. ``(c) Application to Governmental Units.--For purposes of subsection (a): ``(1) Treated as persons.--The term `person' includes any governmental unit (and any agency or instrumentality thereof). ``(2) Special rules.--In the case of a governmental unit or any agency or instrumentality thereof-- ``(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and ``(B) any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return. ``(d) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return, and ``(2) the aggregate amount of interest described in subsection (a)(2) received by the person required to make such return from the individual to whom the statement is required to be furnished. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. ``(e) Qualified Education Loan Defined.--For purposes of this section, except as provided in regulations prescribed by the Secretary, the term `qualified education loan' has the meaning given such term by section 23(e)(1). ``(f) Returns Which Would Be Required To Be Made by 2 or More Persons.--Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).'' (c) Clerical Amendments.-- (1) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Interest on education loans.'' (2) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050P the following new item: ``Sec. 6050Q. Returns relating to education loan interest received in trade or business from individuals.'' (d) Effective Date.--The amendments made by this section shall apply to any qualified education loan (as defined in section 23(e)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to any loan interest payment due after December 31, 1995, and before the termination of the period described in section 23(d)(1) of such Code.", "summary": "Higher Education Investment Act of 1995 - Amends the Internal Revenue Code to allow an individual a credit of 20 percent of the interest paid on any qualified education loan. Limits the maximum credit allowable to $500 for an individual and $1,000 for two or more individuals. Imposes a limit on the amount of credit based on modified adjusted gross income of the taxpayer over $40,000 ($60,000 for a joint return). Limits the period the credit is allowed to a taxpayer or spouse to the first 60 months in which interest payments are required. Provides that any loan and all refinancings of any loan shall be treated as one loan. Allows a credit, if the education loan was used to pay the education expenses of an individual other than the taxpayer or the taxpayer's spouse, for certain dependents. Defines qualified education loan and qualified higher education expenses. Allows a credit to a married couple only if such couple files a joint return. Requires that an individual engaged in a trade or business who receives from any individual interest aggregating $600 or more on any qualified education loan, make a return with respect to each individual from whom such interest was received. Directs that in the case of returns which would be required to be made by two or more persons, only the person first receiving such interest shall be required to make the return."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Access to Durable Medical Equipment Act of 2016''. SEC. 2. EXTENSION OF THE TRANSITION TO NEW PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM. The Secretary of Health and Human Services shall extend the transition period described in clause (i) of section 414.210(g)(9) of title 42, Code of Federal Regulations, from June 30, 2016, to June 30, 2017 (with the full implementation described in clause (ii) of such section applying to items and services furnished with dates of service on or after July 1, 2017). SEC. 3. FLOOR ON BID CEILING FOR COMPETITIVE ACQUISITION FOR DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM. Section 1847(b)(5) of the Social Security Act (42 U.S.C. 1395w- 3(b)(5)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``, subject to subparagraph (E),'' after ``subsection (a)(2)''; and (B) by inserting ``, subject to subparagraph (E),'' after ``Based on such bids''; and (2) by adding at the end the following new subparagraph: ``(E) Floor on bid ceiling for durable medical equipment.-- ``(i) In general.--The ceiling for a bid submitted for applicable covered items may not be less than the fee schedule amount that would otherwise be determined under section 1834(a), section 1834(h), or section 1842(s) for such items furnished on July 1, 2016 (determined as if section 2 of the Patient Access to Durable Medical Equipment Act of 2016 had not been enacted). ``(ii) Applicable covered items defined.-- For purposes of this subparagraph, the term `applicable covered items' means competitively priced items and services described in subsection (a)(2) that are furnished with respect to rounds of competition that begin on or after January 1, 2017.''. SEC. 4. REQUIREMENTS IN DETERMINING ADJUSTMENTS USING INFORMATION FROM COMPETITIVE BIDDING PROGRAMS. (a) In General.--Section 1834(a)(1)(G) of the Social Security Act (42 U.S.C. 1395m(a)(1)(G)) is amended by adding at the end the following new sentence: ``In the case of items and services furnished on or after January 1, 2019, in making any adjustments under clause (ii) or (iii) of subparagraph (F), under subsection (h)(1)(H)(ii), or under section 1842(s)(3)(B), the Secretary shall-- ``(i) solicit and take into account stakeholder input; and ``(ii) take into account the highest amount bid by a winning supplier in a competitive acquisition area and a comparison of each of the following with respect to non-competitive acquisition areas and competitive acquisition areas: ``(I) The average travel distance and cost associated with furnishing items and services in the area. ``(II) Any barriers to access for items and services in the area. ``(III) The average delivery time in furnishing items and services in the area. ``(IV) The average volume of items and services furnished by suppliers in the area. ``(V) The number of suppliers in the area.''. (b) Conforming Amendments.--(1) Section 1834(h)(1)(H)(ii) of the Social Security Act (42 U.S.C. 1395m(h)(1)(H)(ii)) is amended by striking ``the Secretary'' and inserting ``subject to subsection (a)(1)(G), the Secretary''. (2) Section 1842(s)(3)(B) of the Social Security Act (42 U.S.C. 1395m(s)(3)(B)) is amended by striking ``the Secretary'' and inserting ``subject to section 1834(a)(1)(G), the Secretary''. SEC. 5. REPORTS ON THE RESULTS OF THE MONITORING OF ACCESS OF MEDICARE BENEFICIARIES TO DURABLE MEDICAL EQUIPMENT AND OF HEALTH OUTCOMES. Not later than October 1, 2016, January 1, 2017, April 1, 2017, and July 1, 2017, the Secretary of Health and Human Services shall publish on the Internet website of the Centers for Medicare & Medicaid Services the results of the monitoring of access of Medicare beneficiaries to durable medical equipment and of health outcomes, as described on page 66228 in the final rule published by the Center for Medicare & Medicaid Services on November 6, 2014, and entitled ``Medicare Program; End- Stage Renal Disease Prospective Payment System, Quality Incentive Program, and Durable Medical Equipment, Prosthetics, Orthotics, and Supplies'' (79 Fed. Reg. 66120-66265). SEC. 6. REVISION OF EFFECTIVE DATE OF PROVISION LIMITING FEDERAL MEDICAID REIMBURSEMENT TO STATES FOR DURABLE MEDICAL EQUIPMENT (DME) TO MEDICARE PAYMENT RATES. (a) In General.--Section 1903(i)(27) of the Social Security Act (42 U.S.C. 1396b(i)(27)) is amended by striking ``January 1, 2019'' and inserting ``October 1, 2018''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of section 503 of division O of Public Law 114-113. Passed the Senate June 21, 2016. Attest: JULIE E. ADAMS, Secretary.", "summary": "Patient Access to Durable Medical Equipment Act of 2016 (Sec. 2) This bill amends title XVIII (Medicare) of the Social Security Act to delay by one year the full implementation of new Medicare payment rates for durable medical equipment (such as wheelchairs). (Sec. 3) In addition, the bill specifies that the bid ceiling for durable medical equipment items under Medicare's competitive acquisition program (through which rates are set according to a bidding process rather than by an established fee schedule) shall not be less than the fee schedule amount that would otherwise be determined for those items. (Sec. 4) Under current law, the Centers for Medicare & Medicaid Services (CMS) must use payment information from competitive acquisition programs to make payment adjustments for durable medical equipment items furnished in areas outside of such programs. Current law also allows, but does not require, CMS to make such adjustments with respect to certain orthotics (such as splints and braces) and parenteral and enteral nutrients, equipment, and supplies (such as feeding tubes). The bill requires CMS, in making these adjustments, to account for stakeholder input. In addition, CMS must account for a comparison of competitive acquisition areas and other areas with respect to the following factors: average travel distance and cost associated with furnishing items and services, barriers to access, average delivery time, average volume of items and services furnished by suppliers, and number of suppliers. (Sec. 5) In four quarterly reports, CMS must publish on its website the results of the monitoring of health outcomes and Medicare beneficiaries' access to durable medical equipment. (Sec. 6) The bill accelerates the applicability, from January 1, 2019, to October 1, 2018, of provisions of current law that limit federal Medicaid reimbursement to states for durable medical equipment to Medicare payment rates."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioids and STOP Pain Initiative Act''. SEC. 2. ESTABLISHMENT. There is established an Opioids and STOP Pain Initiative, to be administered by the Director of the National Institutes of Health, in coordination with other agencies, as appropriate, which shall include efforts to support research on the following: (1) Section 108 of the Comprehensive Addiction and Recovery Act of 2016 (42 U.S.C. 284q-1), known as the STOP Pain Act, which directs the National Institutes of Health to intensify and coordinate fundamental, translational, and clinical research with respect to-- (A) the understanding of pain; (B) the discovery and development of therapies for chronic pain; and (C) the development of alternatives to opioids for effective pain treatments. (2) Developing improved options and evidence for medication-assisted treatment. (3) Developing improved options and evidence for opioid overdose reversal treatments. (4) The Federal Pain Research Strategy, including research that focuses on-- (A) novel drugs, non-addictive, and non- pharmacological treatments for pain; (B) screening tools and outcome measures for assessments across the continuum of pain; (C) national registries, datasets, and research networks; (D) effective models of care delivery for pain management; and (E) precision medicine methodology to prevent and treat pain. (5) The components of the Department of Health and Human Services five-point strategy to address the opioid crisis that states: ``Providing support for cutting edge research on pain and addiction''. (6) The pain therapy screening program established under section 4. (7) Other elements that the Secretary of Health and Human Services may designate, in consultation with the Director of the National Institutes of Health. SEC. 3. FUNDING FOR THE OPIOIDS AND STOP PAIN INITIATIVE. (a) In General.--There is authorized to be appropriated, and there is appropriated, $5,000,000,000, to be used during the 5-fiscal year period beginning in the fiscal year in which such funds are appropriated, to the National Institutes of Health Innovation Account to be used to administer the Opioids and STOP Pain Initiative established under section 2. (b) Emergency Spending.-- (1) In general.--Amounts appropriated under subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in the senate.--In the Senate, amounts appropriated under subsection (a) are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. SEC. 4. PAIN THERAPY SCREENING PROGRAM. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall carry out through the National Institutes of Health a program to be known as the ``Pain Therapy Screening Program'' that focuses on the development of pain therapeutics. (b) Grants.--The Secretary shall award grants under the program under subsection (a) to eligible public and private nonprofit entities to support the development of new pre-clinical models for pain disorders, and the application of these models in drug, device, or other therapy screening. (c) Model.--The program under this section shall be modeled after the Epilepsy Therapy Screening Program carried out by the National Institute of Neurological Disorders and Stroke. (d) Fees.--The Secretary of Health and Human Services may assess reasonable fees on private pharmaceutical or medical device industry entities that utilize the program under this section to screen proprietary molecular compounds and devices. Such fees shall be paid to the Foundation for the National Institutes of Health and transferred to the NIH Innovation Account to be used for the Opioids and STOP Pain Initiative established under section 2. (e) Funding.--The Director of the National Institutes of Health shall determine the amount, and allocate, funds from the amount appropriated under section 3, to carry out this section. SEC. 5. FUNDING PROVISIONS. (a) Supplement Not Supplant.--Amounts appropriated in this Act (including the amendments made by this Act) shall be used to supplement, not supplant, current funding for pain and opioid research at the National Institutes of Health. (b) Acceptance of Donations.--Notwithstanding section 1342 of title 31, United States Code, the Secretary of Health and Human Services may accept donations (including from the pharmaceutical and medical device industries) to be used to assist in carrying out programs and activities under this Act (and the amendments made by this Act). Such donations shall be paid to the Foundation for the National Institutes of Health and transferred to the NIH Innovation Account to be used for the Opioids and STOP Pain Initiative established under section 2. (c) Inclusion of Contribution Amounts in Basic Research for Purposes of Research Credit.-- (1) In general.--Paragraph (6) of section 41(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Opioids and stop pain initiative.--The National Institutes of Health, if the payment is made in support of the Opioids and STOP Pain Initiative, as established by the Opioids and STOP Pain Initiative Act.''. (2) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. AUTHORITY. Notwithstanding any other provision of the law, the Director of the National Institutes of Health may use funds available under section 3 to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research identified pursuant to the Opioids and STOP Pain Initiative established under section 2. SEC. 7. REPORTS. (a) Annual Reports.--Not later than October 1 of each of fiscal years 2019 through 2026, the Director of the National Institutes of Health shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, a report that includes-- (1) the amount obligated or expended in the fiscal year prior to the fiscal year in which the report is being submitted for each program or activity described in this Act (or an amendment made by this Act); (2) a description of all such programs or activities carried out using funds provided under this Act (or amendments); and (3) a description of how such programs or activities are advancing public health, including the impact on treating pain and addressing opioid misuse in the United States. (b) Additional Reports.--At the request of the Committee on Health, Education, Labor, and Pensions or the Committee on Appropriations of the Senate, or the Committee on Energy and Commerce or the Committee on Appropriations of the House of Representatives, the Director of the National Institutes of Health shall provide to the relevant Committee an update in the form of testimony and additional reports concerning the allocation of funding under this Act (or the amendments made by this Act) or the description of the programs and activities carried out with such funding.", "summary": "Opioids and STOP Pain Initiative Act This bill establishes and provides funds for the Opioids and STOP Pain Initiative at the National Institutes of Health (NIH) to support pain-related research, including: understanding pain, therapies for chronic pain, and alternatives to opioids for pain treatment as directed in the Comprehensive Addiction and Recovery Act of 2016; improving options and evidence for medication-assisted treatment and opioid overdose reversal treatments; and supporting the Federal Pain Research Strategy. NIH must establish the Pain Therapy Screening Program to award grants to support the development of new pre-clinical models for pain disorders, and the application of these models in drug, device, or other therapy screening."}
{"article": "to provide for annexing the Hawaiian Islands to the United States of July 7, 1898 (30 Stat. 750), and which were later transferred to the State of Hawaii in the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 4). (4) Indigenous, native people.--The term ``indigenous, native people'' means the lineal descendants of the aboriginal, indigenous, native people of the United States. (5) Interagency coordinating group.--The term ``Interagency Coordinating Group'' means the Native Hawaiian Interagency Coordinating Group established under section 5. (6) Native hawaiian.-- (A) Prior to the recognition by the United States of the Native Hawaiian governing entity, the term ``Native Hawaiian'' means the indigenous, native people of Hawaii who are the direct lineal descendants of the aboriginal, indigenous, native people who resided in the islands that now comprise the State of Hawaii on or before January 1, 1893, and who occupied and exercised sovereignty in the Hawaiian archipelago, including the area that now constitutes the State of Hawaii, and includes all Native Hawaiians who were eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act (42 Stat. 108, chapter 42) and their lineal descendants. (B) Following the recognition by the United States of the Native Hawaiian governing entity, the term ``Native Hawaiian'' shall have the meaning given to such term in the organic governing documents of the Native Hawaiian governing entity. (7) Native hawaiian governing entity.--The term ``Native Hawaiian governing entity'' means the governing entity organized by the Native Hawaiian people. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. UNITED STATES POLICY AND PURPOSE. (a) Policy.--The United States reaffirms that-- (1) Native Hawaiians are a unique and distinct, indigenous, native people, with whom the United States has a political and legal relationship; (2) the United States has a special trust relationship to promote the welfare of Native Hawaiians; (3) Congress possesses the authority under the Constitution to enact legislation to address the conditions of Native Hawaiians and has exercised this authority through the enactment of-- (A) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42); (B) the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'', approved March 18, 1959 (Public Law 86-3; 73 Stat. 4); and (C) more than 150 other Federal laws addressing the conditions of Native Hawaiians; (4) Native Hawaiians have-- (A) an inherent right to autonomy in their internal affairs; (B) an inherent right of self-determination and self-governance; and (C) the right to reorganize a Native Hawaiian governing entity; and (5) the United States shall continue to engage in a process of reconciliation and political relations with the Native Hawaiian people. (b) Purpose.--It is the intent of Congress that the purpose of this Act is to provide a process for the recognition by the United States of a Native Hawaiian governing entity for purposes of continuing a government-to-government relationship. SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN RELATIONS. (a) In General.--There is established within the Office of the Secretary the United States Office for Native Hawaiian Relations. (b) Duties of the Office.--The United States Office for Native Hawaiian Relations shall-- (1) effectuate and coordinate the trust relationship between the Native Hawaiian people and the United States, and upon the recognition of the Native Hawaiian governing entity by the United States, between the Native Hawaiian governing entity and the United States through the Secretary, and with all other Federal agencies; (2) continue the process of reconciliation with the Native Hawaiian people, and upon the recognition of the Native Hawaiian governing entity by the United States, continue the process of reconciliation with the Native Hawaiian governing entity; (3) fully integrate the principle and practice of meaningful, regular, and appropriate consultation with the Native Hawaiian governing entity by providing timely notice to, and consulting with the Native Hawaiian people and the Native Hawaiian governing entity prior to taking any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands; (4) consult with the Interagency Coordinating Group, other Federal agencies, and with relevant agencies of the State of Hawaii on policies, practices, and proposed actions affecting Native Hawaiian resources, rights, or lands; and (5) prepare and submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives an annual report detailing the activities of the Interagency Coordinating Group that are undertaken with respect to the continuing process of reconciliation and to effect meaningful consultation with the Native Hawaiian governing entity and providing recommendations for any necessary changes to existing Federal statutes or regulations promulgated under the authority of Federal law. SEC. 5. NATIVE HAWAIIAN INTERAGENCY COORDINATING GROUP. (a) Establishment.--In recognition of the fact that Federal programs authorized to address the conditions of Native Hawaiians are largely administered by Federal agencies other than the Department of the Interior, there is established an interagency coordinating group to be known as the ``Native Hawaiian Interagency Coordinating Group''. (b) Composition.--The Interagency Coordinating Group shall be composed of officials, to be designated by the President, from-- (1) each Federal agency that administers Native Hawaiian programs, establishes or implements policies that affect Native Hawaiians, or whose actions may significantly or uniquely impact on Native Hawaiian resources, rights, or lands; and (2) the United States Office for Native Hawaiian Relations established under section 4. (c) Lead Agency.--The Department of the Interior shall serve as the lead agency of the Interagency Coordinating Group, and meetings of the Interagency Coordinating Group shall be convened by the lead agency. (d) Duties.--The responsibilities of the Interagency Coordinating Group shall be-- (1) the coordination of Federal programs and policies that affect Native Hawaiians or actions by any agency or agencies of the Federal Government which may significantly or uniquely impact on Native Hawaiian resources, rights, or lands; (2) to assure that each Federal agency develops a policy on consultation with the Native Hawaiian people, and upon recognition of the Native Hawaiian governing entity by the United States, consultation with the Native Hawaiian governing entity; and (3) to assure the participation of each Federal agency in the development of the report to Congress authorized in section 4(b)(5). SEC. 6. PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING ENTITY. (a) Recognition of the Native Hawaiian Governing Entity.--The right of the Native Hawaiian people to organize for their common welfare and to adopt appropriate organic governing documents is hereby recognized by the United States. (b) Process for Recognition.-- (1) Submittal of organic governing documents.--Following the organization of the Native Hawaiian governing entity, the adoption of organic governing documents, and the election of officers of the Native Hawaiian governing entity, the duly elected officers of the Native Hawaiian governing entity shall submit the organic governing documents of the Native Hawaiian governing entity to the Secretary. (2) Certifications.-- (A) In general.--Within 90 days of the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the organic governing documents-- (i) establish the criteria for citizenship in the Native Hawaiian governing entity; (ii) were adopted by a majority vote of the citizens of the Native Hawaiian governing entity; (iii) provide for the exercise of governmental authorities by the Native Hawaiian governing entity; (iv) provide for the Native Hawaiian governing entity to negotiate with Federal, State, and local governments, and other entities; (v) prevent the sale, disposition, lease, or encumbrance of lands, interests in lands, or other assets of the Native Hawaiian governing entity without the consent of the Native Hawaiian governing entity; (vi) provide for the protection of the civil rights of the citizens of the Native Hawaiian governing entity and all persons subject to the authority of the Native Hawaiian governing entity, and ensure that the Native Hawaiian governing entity exercises its authority consistent with the requirements of section 202 of the Act of April 11, 1968 (25 U.S.C. 1302); and (vii) are consistent with applicable Federal law and the special trust relationship between the United States and the indigenous native people of the United States. (B) By the secretary.--Within 90 days of the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the State of Hawaii supports the recognition of the Native Hawaiian governing entity by the United States as evidenced by a resolution or act of the Hawaii State legislature. (C) Resubmission in case of noncompliance.-- (i) Resubmission by the secretary.--If the Secretary determines that the organic governing documents do not address the criteria described in subparagraph (A) or that the organic governing documents, or any part thereof, are not consistent with other applicable Federal law, the Secretary shall resubmit the organic governing documents to the duly elected officers of the Native Hawaiian governing entity along with a justification for each of the Secretary's findings as to why the provisions are not consistent with such law. (ii) Amendment and resubmission by the native hawaiian governing entity.--If the organic governing documents are resubmitted to the duly elected officers of the Native Hawaiian governing entity by the Secretary under clause (i), the duly elected officers of the Native Hawaiian governing entity shall-- (I) amend the organic governing documents to ensure that the documents comply with applicable Federal law and address the criteria described in subparagraph (A); and (II) resubmit the amended organic governing documents to the Secretary for certification in accordance with the requirements of this paragraph. (D) Certifications deemed made.--The certifications authorized in subparagraph (A) shall be deemed to have been made if the Secretary has not acted within 90 days of the date that the duly elected officers of the Native Hawaiian governing entity have submitted the organic governing documents of the Native Hawaiian governing entity to the Secretary. (3) Federal recognition.--Notwithstanding any other provision of law, upon the election of the officers of the Native Hawaiian governing entity and the certifications by the Secretary required under paragraph (2), the United States hereby extends Federal recognition to the Native Hawaiian governing entity as the representative governing body of the Native Hawaiian people. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out the activities authorized in this Act. SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; NEGOTIATIONS. (a) Reaffirmation.--The delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii contained in the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 5) is hereby reaffirmed. (b) Negotiations.--Upon the Federal recognition of the Native Hawaiian governing entity by the United States, the United States is authorized to negotiate and enter into an agreement with the State of Hawaii and the Native Hawaiian governing entity regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use to the Native Hawaiian governing entity. Nothing in this Act is intended to serve as a settlement of any claims against the United States. SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. (a) Indian Gaming Regulatory Act.--Nothing contained in this Act shall be construed as an authorization for the Native Hawaiian governing entity to conduct gaming activities under the authority of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). (b) Bureau of Indian Affairs.--Nothing contained in this Act shall be construed as an authorization for eligibility to participate in any programs and services provided by the Bureau of Indian Affairs for any persons not otherwise eligible for such programs or services. SEC. 10. SEVERABILITY. In the event that any section or provision of this Act is held invalid, it is the intent of Congress that the remaining sections or provisions of this Act shall continue in full force and effect.", "summary": "Establishes the United States Office for Native Hawaiian Relations within the Office of the Secretary of the Interior.(Sec. 5) Establishes the Native Hawaiian Interagency Coordinating Group to: (1) coordinate Federal programs and policies or actions that may significantly or uniquely affect Native Hawaiian resources, rights, or lands; (2) assure that each Federal agency develops a policy on consultation with Native Hawaiians; and (3) assure the participation of such agencies in the development of an annual report to Congress.(Sec. 6) Recognizes the right of the Native Hawaiian people to adopt organic governing documents, to be submitted to the Secretary. Requires the Secretary to certify that: (1) such documents meet specified certifications; and (2) the State of Hawaii supports the recognition of such Native Hawaiian government as evidenced by a resolution or act of the Hawaiian State legislature. Extends Federal recognition to such government as the representative governing body of the Native Hawaiian people upon election of officers and certification by the Secretary.(Sec. 7) Authorizes appropriations.(Sec. 8) Reaffirms the delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii. Permits the United States, upon Federal recognition of the Native Hawaiian government, to enter into an agreement with the State and such government regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Organic Farmer and Consumer Protection Act of 2017''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL ORGANIC PROGRAM. Subsection (b) of section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 6522) is amended to read as follows: ``(b) National Organic Program.--Notwithstanding any other provision of law, in order to carry out activities under the national organic program established under this title, there are authorized to be appropriated-- ``(1) $15,000,000 for fiscal year 2018; ``(2) $16,500,000 for fiscal year 2019; ``(3) $18,000,000 for fiscal year 2020; ``(4) $20,000,000 for fiscal year 2021; ``(5) $22,000,000 for fiscal year 2022; and ``(6) $24,000,000 for fiscal year 2023.''. SEC. 3. MODERNIZATION AND IMPROVEMENT OF INTERNATIONAL TRADE TECHNOLOGY SYSTEMS AND DATA COLLECTION. Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 6522) is amended by adding at the end the following new subsection: ``(d) Modernization and Improvement of International Trade Technology Systems and Data Collection.-- ``(1) In general.--The Secretary shall modernize international trade tracking and data collection systems of the national organic program. ``(2) Activities.--In carrying out paragraph (1), the Secretary shall modernize trade and transaction certificates to ensure full traceability without unduly hindering trade, such as through an electronic trade document exchange system. ``(3) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall make available $5,000,000 for fiscal year 2019 for the purposes of-- ``(A) carrying out this subsection; and ``(B) maintaining the database and technology upgrades previously carried out pursuant to subsection (c). ``(4) Availability.--The amount made available under paragraph (3) is in addition to any other funds made available for the purposes specified in such paragraph and shall remain available until expended.''. SEC. 4. RECORDKEEPING, INVESTIGATION, AND ENFORCEMENT. (a) In General.--Section 2120 of the Organic Foods Production Act of 1990 (7 U.S.C. 6519) is amended by adding at the end the following: ``(d) Collaborative Investigations and Enforcement.-- ``(1) Information sharing during active investigation.--In carrying out this title, all parties to an active investigation (including certifying agents, State organic certification programs, and the national organic program) may share confidential business information with Federal and State government officers and employees and certifying agents involved in the investigation as necessary to fully investigate and enforce potential violations of this title and regulations issued under this title. ``(2) Access to data documentation systems.--The Secretary shall have access to available data from cross-border documentation systems administered by other Federal agencies, including-- ``(A) the Automated Commercial Environment system of the U.S. Customs and Border Patrol; and ``(B) the Phytosanitary Certificate Issuance and Tracking system of the Animal and Plant Health Inspection Service. ``(3) Additional documentation and verification.--The Secretary, acting through the national organic program, has the authority, and shall grant an accredited certifying agent the authority, to require increased additional documentation or verification before granting certification, in the case of a known area of risk or when there is a specific area of concern, as determined by the Secretary or the certifying agent.''. (b) Modification of Regulations on Exclusions From Certification.-- Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to limit the type of operations that are excluded from certification under section 205.101 of title 7, Code of Federal Regulations, and any other corresponding sections. SEC. 5. ADDITIONAL ACCREDITATION AUTHORITY. Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. 6514) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Satellite Offices and Overseas Operations.--As part of the accreditation of certifying agents under this section, the Secretary-- ``(1) has oversight and approval authority over any certifying agent operating in a foreign country; and ``(2) shall require an annual authorization for each certifying agent that intends to operate in any foreign country.''. SEC. 6. ANNUAL REPORT. Section 2122 of the Organic Foods Production Act of 1990 (7 U.S.C. 6521) is amended by adding at the end the following: ``(c) Annual Report.--Not later than March 1, 2019, and annually thereafter, the Secretary shall submit to Congress a report describing national organic program activities with respect to all domestic and overseas investigations and compliance actions taken pursuant to this title during the preceding year.''.", "summary": "Organic Farmer and Consumer Protection Act of 2017 This bill amends the Organic Foods Production Act of 1990 to reauthorize through FY2023 and modify the Department of Agriculture (USDA) National Organic Program (NOP). USDA must modernize the international trade tracking and data collection systems of the NOP, which must include ensuring that trade and transaction certificates are fully traceable without unduly hindering trade. The bill authorizes mandatory funding to be used for this purpose and for maintaining previous database and technology upgrades. The bill modifies requirements for recordkeeping, investigations, and enforcement with respect to the organic certification process to: allow parties to an active investigation to share confidential business information with government officers or employees and certifying agents involved in the investigation, require federal agencies that administer cross-border documentation systems to provide USDA with access to the data from the systems, allow the NOP to grant an accredited certifying agent the authority to require additional documentation or verification before granting certification, and require USDA to issue regulations limiting the type of operations that are excluded from certification. With respect to the accreditation process for certifying agents, the bill: (1) authorizes USDA to oversee and approve certifying agents operating in a foreign country, and (2) requires certifying agents that intend to operate in a foreign country to be annually authorized."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Survivor Benefits Improvement Act of 2013''. SEC. 2. EXTENSION OF INITIAL PERIOD FOR INCREASED DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES WITH CHILDREN. Section 1311(f)(2) of title 38, United States Code, is amended by striking ``two-year'' and inserting ``five-year''. SEC. 3. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COMPENSATION, HEALTH CARE, AND HOUSING LOANS FOR SURVIVING SPOUSES WHO REMARRY AFTER AGE 55. Subparagraph (B) of section 103(d)(2) of title 38, United States Code, is amended to read as follows: ``(B) The remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran.''. SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN WITH SPINA BIFIDA. (a) In General.--Subchapter III of chapter 18 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1822. Benefits for children of certain Thailand service veterans born with spina bifida ``(a) Benefits Authorized.--The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Thailand were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter. ``(b) Spina Bifida Conditions Covered.--This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta. ``(c) Veteran of Covered Service in Thailand.--For purposes of this section, a veteran of covered service in Thailand is any individual, without regard to the characterization of that individual's service, who-- ``(1) served in the active military, naval, or air service in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975; and ``(2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in Thailand. ``(d) Herbicide Agent.--For purposes of this section, the term `herbicide agent' means a chemical in a herbicide used in support of United States and allied military operations in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975.''. (b) Clerical Amendments.-- (1) Subchapter heading.--The heading for subchapter III of chapter 18 of such title is amended by inserting ``AND THAILAND'' after ``KOREA''. (2) Table of sections.--The table of sections at the beginning of chapter 18 of such title is amended-- (A) by striking the item relating to subchapter III and inserting the following new item: ``subchapter iii--children of certain korea and thailand service veterans born with spina bifida''; and (B) by inserting after the item relating to section 1821 the following new item: ``1822. Benefits for children of certain Thailand service veterans born with spina bifida.''. SEC. 5. PILOT PROGRAM ON GRIEF COUNSELING IN RETREAT SETTINGS FOR SURVIVING SPOUSES OF VETERANS WHO DIE WHILE SERVING ON ACTIVE DUTY IN THE ARMED FORCES. (a) Pilot Program Required.-- (1) In general.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out, through the Readjustment Counseling Service of the Veterans Health Administration, a pilot program to assess the feasibility and advisability of providing grief counseling services described in subsection (b) in group retreat settings to surviving spouses of veterans who die while serving on active duty in the Armed Forces. (2) Participation at election of surviving spouse.--The participation of a surviving spouse in the pilot program under this section shall be at the election of the surviving spouse. (b) Covered Services.--The services provided to a surviving spouse under the pilot program shall include the following: (1) Information and counseling on coping with grief. (2) Information about benefits and services available to surviving spouses under laws administered by the Secretary. (3) Such other information and counseling as the Secretary considers appropriate to assist a surviving spouse under the pilot program with adjusting to the death of a spouse. (c) Locations.--The Secretary shall carry out the pilot program at not fewer than six locations as follows: (1) Three locations at which surviving spouses with dependent children are encouraged to bring their children. (2) Three locations at which surviving spouses with dependent children are not encouraged to bring their children. (d) Duration.--The pilot program shall be carried out during the two-year period beginning on the date of the commencement of the pilot program. (e) Reports.-- (1) In general.--Not later than 180 days after the completion of the first year of the pilot program and not later than 180 days after the completion of the pilot program, the Secretary shall submit to Congress a report on the pilot program. (2) Contents.--Each report submitted under paragraph (1) shall contain the findings and conclusions of the Secretary as a result of the pilot program, and shall include such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (f) Definitions.--In this section, the terms ``active duty'', ``surviving spouse'', and ``veteran'' have the meanings given such terms in section 101 of title 38, United States Code.", "summary": "Survivor Benefits Improvement Act of 2013 - Allows dependency and indemnity compensation (DIC) paid through the Department of Veterans Affairs (VA) to the surviving spouses of veterans to be increased for months occurring during the five-year (under current law, two-year) period beginning on the date of entitlement. Provides that the remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of VA DIC, health care, educational assistance, and housing loans. Authorizes the Secretary of Veterans Affairs to provide, to any spina bifida-affected child of a veteran who served on active duty in Thailand beginning on January 9, 1962, and ending on May 7, 1975, and was exposed to a herbicide agent during such service, the same health care, vocational training and rehabilitation, and monetary allowance required to be paid to a similarly-affected child of a Vietnam veteran. Directs the Secretary to carry out a two-year pilot program to assess the feasibility and advisability of providing grief counseling services for the surviving spouses of veterans who die while serving on active duty."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Tobacco Trust Fund Act of 1998''. SEC. 2. FINDINGS. Congress finds the following: (1) A consensus exists within the scientific and medical communities that tobacco products are inherently dangerous and cause cancer, heart disease, emphysema, and other serious illnesses. (2) Tobacco advertising and marketing has for decades contributed significantly to the use of tobacco products by adolescents and young adults, and, particularly, members of the Nation's uniformed services. (3) Reliable studies indicate that 75 percent of World War II veterans began smoking as young adults, and today large numbers of veterans are smokers. (4) Smoking related illnesses are highly prevalent among the more than 3,000,000 veterans who use the Department of Veterans Affairs health care system annually. (5) The Department of Veterans Affairs estimates that it spent $3,600,000,000 in 1997 to treat smoking-related illnesses and that over the next five years it will spend $20,000,000,000 on such care. (6) Congress established the Department of Veterans Affairs in furtherance of its constitutional power to provide for the national defense in order to provide benefits and services to veterans of the uniformed services. (7) There is in the Department of Veterans Affairs a health care system which has as its primary function to provide a complete medical and hospital service for the medical care and treatment of such veterans as can be served through available appropriations. (8) The sale, distribution, marketing, advertising, and use of tobacco products has substantially and adversely impaired the ability of the Department of Veterans Affairs to carry out its health care mission because of the prevalence of smoking- related illnesses among veterans. (9) The Federal Government, including the Department of Veterans Affairs, has lacked the means to prevent the onset of smoking-related illnesses among veterans and has had no authority to deny needed treatment to any veteran on the basis that an illness is or might be smoking-related. (10) With some 20 percent of its health care budget absorbed in treating smoking-related illnesses, the Department of Veterans Affairs health care system has lacked resources to provide needed nursing home care, home care, community-based ambulatory care, and other services to tens of thousands of other veterans. (11) The network of academically affiliated medical centers of the Department of Veterans Affairs provides a unique system within which outstanding medical research is conducted and which has the potential to expand significantly ongoing research on tobacco-related illnesses. (12) It is in the public interest for Congress to enact legislation requiring that a portion of any amounts received from manufacturers of tobacco products be used to meet the costs of (A) treatment for diseases and adverse health effects associated with the use of tobacco products by those who served their country in uniform, and (B) medical and health services research relating to prevention and treatment of, and rehabilitation from, tobacco addiction and diseases associated with tobacco use. SEC. 3. ESTABLISHMENT OF TRUST FUND. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1729A the following new section: ``Sec. 1729B. Veterans Tobacco Trust Fund ``(a) There is established in the Treasury of the United States a trust fund to be known as the `Veterans Tobacco Trust Fund', consisting of such amounts as may be appropriated, credited, or donated to the trust fund. ``(b) If a law is enacted that provides for the allocation of funds received from tobacco product manufacturers for programs to reduce use of tobacco products by minors and for health-care research, among other purposes, there shall be credited to the trust fund from amounts received by the United States pursuant to that law, without further appropriation, the amount of $3,000,000,000. ``(c) Amounts in the trust fund shall be available, without fiscal year limitation, to the Secretary of Veterans Affairs for the following purposes: ``(1) Furnishing medical care and services under this chapter, to be available during any fiscal year for the same purposes and subject to the same limitations (other than with respect to the period of availability for obligation) as apply to amounts appropriated from the general fund of the Treasury for that fiscal year for medical care. ``(2) Conducting medical research, rehabilitation research, and health systems research, with particular emphasis on research relating to prevention and treatment of, and rehabilitation from, tobacco addiction and diseases associated with tobacco use.''. (b) Clerical Amendment.-- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1729A the following new item: ``Sec. 1729B. Veterans Tobacco Trust Fund.''.", "summary": "Veterans Tobacco Trust Fund Act of 1998 - Establishes in the Treasury the Veterans Tobacco Trust Fund. Provides that if a law is enacted that provides for the allocation of funds received from tobacco product manufacturers for programs to reduce the use of tobacco products by minors and for health-care research, then there shall be credited to the Fund, without further appropriation, the amount of $3 billion. Makes such amount available to the Secretary of Veterans Affairs for: (1) furnishing veterans' medical care and services; and (2) conducting medical, rehabilitation, and health systems research, with particular emphasis on research relating to the prevention and treatment of, and rehabilitation from, tobacco addiction and diseases associated with tobacco use."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Directory of Caregivers Act'' or the ``Medicaid DOC Act''. SEC. 2. REQUIRING PUBLICATION OF FEE-FOR-SERVICE PROVIDER DIRECTORY. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by inserting after paragraph (77) the following new paragraph: ``(78) provide that, not later than 180 days after the date of the enactment of this paragraph, in the case of a State plan that provides medical assistance on a fee-for-service basis or through a primary care case-management system described in section 1915(b)(1) (other than a primary care case management entity (as defined by the Secretary)), the State shall publish (and update on at least an annual basis) on the public Website of the State agency administering the State plan, a directory of the providers (including, at a minimum, primary and specialty care physicians) described in subsection (ll) that includes-- ``(A) with respect to each such provider-- ``(i) the name of the provider; ``(ii) the specialty of the provider; ``(iii) the address of the provider; and ``(iv) the telephone number of the provider; and ``(B) with respect to any such provider participating in such a primary care case-management system, information regarding-- ``(i) whether the provider is accepting as new patients individuals who receive medical assistance under this title; and ``(ii) the provider's cultural and linguistic capabilities, including the languages spoken by the provider or by the skilled medical interpreter providing interpretation services at the provider's office;''. (b) Directory Providers Described.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: ``(ll) Directory Providers Described.--A provider described in this subsection is-- ``(1) in the case of a provider of a provider type for which the State agency, as a condition on receiving payment for items and services furnished by the provider to individuals eligible to receive medical assistance under the State plan, requires the enrollment of the provider with the State agency, a provider that-- ``(A) is enrolled with the agency as of the date on which the directory is published or updated (as applicable) under subsection (a)(78); and ``(B) received payment under the State plan in the 12-month period preceding such date; and ``(2) in the case of a provider of a provider type for which the State agency does not require such enrollment, a provider that received payment under the State plan in the 12- month period preceding the date on which the directory is published or updated (as applicable) under subsection (a)(78).''. (c) Rule of Construction.-- (1) In general.--The amendment made by subsection (a) shall not be construed to apply in the case of a State in which all the individuals enrolled in the State plan under title XIX of the Social Security Act (or under a waiver of such plan), other than individuals described in paragraph (2), are enrolled with a medicaid managed care organization (as defined in section 1903(m)(1)(A) of such Act (42 U.S.C. 1396b(m)(1)(A))), including prepaid inpatient health plans and prepaid ambulatory health plans (as defined by the Secretary of Health and Human Services). (2) Individuals described.--An individual described in this paragraph is an individual who is an Indian (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) or an Alaska Native. (d) Exception for State Legislation.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), which the Secretary determines requires State legislation in order for the respective plan to meet one or more additional requirements imposed by amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.", "summary": "Medicaid Directory of Caregivers Act or the Medicaid DOC Act This bill amends title XIX (Medicaid) of the Social Security Act to require a state to publish and annually update a directory of providers that participate in the state plan for medical assistance on a fee-for-service basis or through a primary care case-management system. The directory must include each provider's name, specialty, address, and telephone number. In addition, with respect to a provider that participates in a primary care case-management system, the directory must specify: (1) the provider's language capabilities, and (2) whether the provider is accepting new Medicaid patients."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Specialty Crop Export Opportunities Act of 2007''. SEC. 2. REGULATION OF EXPORTS OF PLANTS, PLANT PRODUCTS, BIOLOGICAL CONTROL ORGANISMS, AND NOXIOUS WEEDS. (a) In General.--Subtitle A of title IV of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: ``SEC. 420. REGULATION OF EXPORTS OF PLANTS, PLANT PRODUCTS, BIOLOGICAL CONTROL ORGANISMS, AND NOXIOUS WEEDS. ``(a) In General.--The Secretary may regulate plants, plant products, biological control organisms, and noxious weeds for export purposes. ``(b) Duties.--The Secretary shall-- ``(1) coordinate fruit and vegetable market analyses with the private sector and the Administrator of the Foreign Agricultural Service; and ``(2) make publicly available on an Internet website-- ``(A) the status of all export petitions; ``(B) to the greatest extent possible, an explanation of the sanitary or phytosanitary issues associated with each pending export petition; and ``(C) to the greatest extent possible, information on the import requirements of foreign countries for fruits and vegetables. ``(c) Regulations.--The Secretary may issue regulations to implement this section.''. (b) Table of Contents.--The table of contents in section 1(b) of such Act (7 U.S.C. 1501 note) is amended by inserting after the item relating to section 419 the following new item: ``Sec. 420. Regulation of exports of plants, plant products, biological control organisms, and noxious weeds.''. SEC. 3. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE. (a) Repeal of Transfer of Functions.--Section 421 of the Homeland Security Act of 2002 (6 U.S.C. 231) is repealed. (b) Conforming Amendment to Function of Secretary of Homeland Security.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C. 202) is amended-- (1) by striking paragraph (7); and (2) by redesignating paragraph (8) as paragraph (7). (c) Transfer Agreement.-- (1) In general.--Not later than the effective date described in subsection (g), the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the return of functions required by the amendments made by this section. (2) Use of certain employees.--The agreement may include authority for the Secretary of Agriculture to use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants. (d) Restoration of Department of Agriculture Employees.--Not later than the effective date described in subsection (e), all full-time equivalent positions of the Department of Agriculture transferred to the Department of Homeland Security under section 421(g) of the Homeland Security Act of 2002 (6 U.S.C. 231(g)) (as in effect on the day before the effective date described in subsection (g)) shall be restored to the Department of Agriculture. (e) Authority of APHIS.-- (1) Establishment of program.--The Secretary of Agriculture shall establish within the Animal and Plant Health Inspection Service a program, to be known as the ``International Agricultural Inspection Program'', under which the Administrator of the Animal and Plant Health Inspection Service (referred to in this subsection as the ``Administrator'') shall carry out import and entry agricultural inspections. (2) Information gathering and inspections.--In carrying out the program under paragraph (1), the Administrator shall have full access to-- (A) each secure area of any terminal for screening passengers or cargo under the control of the Department of Homeland Security on the day before the date of enactment of this Act for purposes of carrying out inspections and gathering information; and (B) each database (including any database relating to cargo manifests or employee and business records) under the control of the Department of Homeland Security on the day before the date of enactment of this Act for purposes of gathering information. (3) Inspection alerts.--The Administrator may issue inspection alerts, including by indicating cargo to be held for immediate inspection. (4) Inspection user fees.--The Administrator may, as applicable-- (A) continue to collect any agricultural quarantine inspection user fee; and (B) administer any reserve account for the fees. (5) Career track program.-- (A) In general.--The Administrator shall establish a program, to be known as the ``import and entry agriculture inspector career track program'', to support the development of long-term career professionals with expertise in import and entry agriculture inspection. (B) Strategic plan and training.--In carrying out the program under this paragraph, the Administrator, in coordination with the Secretary of Agriculture, shall-- (i) develop a strategic plan to incorporate import and entry agricultural inspectors into the infrastructure protecting food, fiber, forests, bioenergy, and the environment of the United States from animal and plant pests, diseases, and noxious weeds; and (ii) as part of the plan under clause (i), provide training for import and entry agricultural inspectors participating in the program not less frequently than once each year to improve inspection skills. (f) Duties of Secretary.-- (1) In general.--The Secretary of Agriculture (referred to in this subsection as the ``Secretary'') shall-- (A) develop standard operating procedures for inspection, monitoring, and auditing relating to import and entry agricultural inspections, in accordance with recommendations from the Comptroller General of the United States and reports of interagency advisory groups, as applicable; and (B) ensure that the Animal and Plant Health Inspection Service has a national electronic system with real-time tracking capability for monitoring, tracking, and reporting inspection activities of the Service. (2) Federal and state cooperation.-- (A) Communication system.--The Secretary shall develop and maintain an integrated, real-time communication system with respect to import and entry agricultural inspections to alert State departments of agriculture of significant inspection findings of the Animal and Plant Health Inspection Service. (B) Advisory committee.-- (i) Establishment.--The Secretary shall establish a committee, to be known as the ``International Trade Inspection Advisory Committee'' (referred to in this subparagraph as the ``committee''), to advise the Secretary on policies and other issues relating to import and entry agricultural inspection. (ii) Model.--In establishing the committee, the Secretary shall use as a model the Agricultural Trade Advisory Committee. (iii) Membership.--The committee shall be composed of members representing-- (I) State departments of agriculture; (II) directors of ports and airports in the United States; (III) the transportation industry; (IV) the public; and (V) such other entities as the Secretary determines to be appropriate. (3) Report.--Not less frequently than once each year, the Secretary shall submit to Congress a report containing an assessment of-- (A) the resource needs for import and entry agricultural inspection, including the number of inspectors required; (B) the adequacy of-- (i) inspection and monitoring procedures and facilities in the United States; and (ii) the strategic plan developed under subsection (e)(5)(B)(i); and (C) new and potential technologies and practices, including recommendations regarding the technologies and practices, to improve import and entry agricultural inspection. (4) Funding.--The Secretary shall pay the costs of each import and entry agricultural inspector employed by the Animal and Plant Health Inspection Service-- (A) from amounts made available to the Department of Agriculture for the applicable fiscal year; or (B) if amounts described in subparagraph (A) are unavailable, from amounts of the Commodity Credit Corporation. (g) Effective Date.--The amendments made by this section take effect on the date that is 180 days after the date of enactment of this Act. SEC. 4. REPORTS OF TRADE ADVISORY COMMITTEES. Whenever the Agricultural Policy Committee on Trade or the Agricultural Technical Advisory Committee on Trade in Fruits and Vegetables, established under section 135 of the Trade Act of 1974, provides any recommendations to the United States Trade Representative, that committee shall at the same time provide those recommendations to the Committee on Agriculture and the Committee on Ways and Means of the House of Representatives and to the Committee on Agriculture and the Committee on Finance of the Senate. SEC. 5. REPORT ON FOREIGN AGRICULTURAL SERVICE STAFFING LEVELS FOR MONITORING OTHER COUNTRIES' COMPLIANCE WITH TRADE AGREEMENTS. Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report-- (1) evaluating the ability of the Foreign Agricultural Service to adequately monitor other countries' compliance with the terms of the Uruguay Round Agreements and the terms of other agreements (including NAFTA and other bilateral agreements) to ensure that the United States realizes the full benefits of these agreements as they relate to agricultural commodities; and (2) containing the recommending of the Secretary regarding whether current vacancies in the monitoring office of the Foreign Agricultural Service should be filled. SEC. 6. FEASIBILITY REPORT REGARDING EXPORT INDEMNIFICATION FOR UNSUBSIDIZED COMMODITIES. Not later than January 1, 2008, the Secretary of Agriculture shall submit to Congress a report evaluating the feasibility and cost of establishing an indemnity program for exporters of articles classified under chapters 7 and 8 of the Harmonized Tariff Schedule of the United States that will provide compensation to those exporters when they comply fully with United States export and foreign country import requirements for the articles, but the articles are wrongfully denied entry into the foreign country. SEC. 7. TREATMENT OF UNSUBSIDIZED COMMODITIES UNDER AGREEMENT ON AGRICULTURE. The United States Trade Representative shall propose in the Doha Round of negotiations conducted under the auspices of the World Trade Organization that all articles classified under chapters 7 and 8 of the Harmonized Tariff Schedule of the United States be excluded from coverage under article 13 of the Agreement on Agriculture referred to in section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2)). SEC. 8. SPECIAL EXPORT CREDIT GUARANTEE PROGRAM. The Secretary of Agriculture shall establish and maintain a program of export credits that is, as nearly as may be, identical to the program administered under sections 1493.400 through 1493.530 of title 7, Code of Federal Regulations, except that-- (1) either an exporter to, or an importer in, a foreign place shall be eligible for a credit guarantee; (2) the guarantee shall be for a period of 45 days beginning on the date of issuance of the guarantee; and (3) the cost of the guarantee shall not exceed 45 cents for each $100 of coverage purchased. SEC. 9. AUTHORIZATION LEVELS FOR EMERGING MARKET CREDIT PROGRAM. Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622 note) is amended-- (1) in subsections (a) and (d)(1)(A)(i) by striking ``2007'' and inserting ``2013''; and (2) in subsections (a) and (d) (1)(H) by striking $10,000,000'' and inserting ``$20,000,000''. SEC. 10. DEFINITIONS. In this Act: (1) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement. (2) Uruguay round agreements.--The term ``Uruguay Round Agreements'' means the agreements referred to in section 101(d) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)).", "summary": "United States Specialty Crop Export Opportunities Act of 2007 - Amends the Agricultural Risk Protection Act of 2000 to authorize the Secretary of Agriculture to regulate plants, plant products, biological control organisms, and noxious weeds for export purposes. Directs the Secretary to: (1) coordinate fruit and vegetable market analyses with the private sector and the Administrator of the Foreign Agricultural Service; and (2) make publicly available on an Internet website the status of all export petitions and an explanation of the sanitary or phytosanitary issues associated with each pending export petition, and information on the import requirements of foreign countries for fruits and vegetables. Amends the Homeland Security Act to repeal the transfer of agricultural import and entry inspection functions from the Department of Agriculture to the Department of Homeland Security (DHS). Directs the Secretary to establish: (1) within the Animal and Plant Health Inspection Service the international agricultural inspection program to carry out import and entry agricultural inspections; (2) a federal-state agricultural inspection communications system; (3) the International Trade Inspection Advisory Committee; and (4) a special export credit guarantee program. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to extend: (1) the promotion of agricultural exports to emerging markets program; and (2) the E. (Kika) de la Garza Agricultural Fellowship program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality of Life for Women Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Women's pelvic floor disorders are a group of common conditions that cause considerable disability and pain. (2) Such disorders include bladder and bowel dysfunction, including incontinence. Another such disorder is pelvic organ prolapse, which involves a downward shift of uterine or vaginal structures from their normal positions. Often these conditions coexist. (3) Women's pelvic floor disorders are extremely common and are barriers to healthy living. (4) Women often suffer from a broad overlap of all pelvic floor disorders, usually experiencing several disorders simultaneously. (5) Thirty percent of American women will suffer from a form of urinary incontinence. (6) Eleven percent of women in the United States have surgery for urinary incontinence or pelvic organ prolapse during their lifetime, and close to one third will have a second surgery. Many more women are treated with nonsurgical techniques or remain untreated. (7) Of the 3 million vaginal deliveries that occur each year in the United States, 900,000 women will develop symptomatic urinary incontinence and a smaller number will develop pelvic organ prolapse and bowel incontinence. (8) An estimated $26.3 billion is spent annually to either treat or compensate for urinary incontinence. (9) Many health care providers are not prepared to evaluate urinary pelvic floor disorders, including incontinence, and are unaware of treatment options. (10) To address the public health threat posed by women's pelvic floor disorders, there is a need for the establishment of awareness and education programs directed at the public and primary-care providers, including the authorization of research focused on urinary incontinence and other pelvic floor disorders. Such programs will greatly help promote better care and treatment to those women afflicted with these disorders. SEC. 3. EDUCATION REGARDING WOMEN'S PELVIC FLOOR DISORDERS. (a) In General.--Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following section: ``SEC. 399O. EDUCATION REGARDING WOMEN'S PELVIC FLOOR DISORDERS. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention, shall carry out a program to provide education regarding bladder and bowel dysfunction (including incontinence), pelvic organ prolapse, and other pelvic floor disorders to health professionals and the general public. Activities under such program shall be carried out directly by the Secretary and through awards of grants or contracts to States, political subdivisions of States, and other public or nonprofit private entities. ``(b) Certain Information.--The Secretary shall ensure that education under subsection (a) includes, at a minimum-- ``(1) information describing the prevalence of pelvic floor disorders in women; and ``(2) information regarding treatment options for such disorders. ``(c) Use of Internet.--The Secretary shall ensure that the means through which education under subsection (a) is provided includes the posting of information on the Internet site of the Centers for Disease Control and Prevention. The Secretary shall ensure that, in the case of health professionals, such means includes means in addition to the posting of information on such site. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2006 through 2010.''. (b) Sense of Congress.--It is the sense of the Congress that the Director of the Centers for Disease Control and Prevention should establish a national registry for surgical treatment of pelvic floor disorders, especially procedures using new technology. SEC. 4. RESEARCH THROUGH NATIONAL INSTITUTES OF HEALTH. (a) In General.--Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409J. WOMEN'S PELVIC FLOOR DISORDERS. ``(a) In General.--The Directors of the National Institute of Diabetes and Digestive and Kidney Diseases and the National Institute of Child Health and Human Development shall expand and intensify the activities of such Institutes with respect to women's pelvic floor disorders, including proposals for research on such disorders that are developed independently of solicitations by the National Institutes of Health for research proposals. ``(b) Networks.-- ``(1) Urinary incontinence treatment network.--The Director of the National Institute of Diabetes and Digestive and Kidney Diseases, in consultation with the Director of the National Institute of Child Health and Human Development, shall provide for the continuing operation of the Urinary Incontinence Treatment Network. The Network was established pursuant to financial awards from such Institutes, and includes multiple continence treatment centers and a single biostatistical coordinating committee. The Director shall ensure that not fewer than eight such treatment centers are in operation and may provide for the establishment of additional treatment centers, subject to appropriations Acts. ``(2) Clinical trials network for female pelvic disorders.--The Director of the National Institute of Child Health and Human Development, in consultation with the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, shall provide for the continuing operation of the Clinical Trials Network for Female Pelvic Disorders. The Network was established pursuant to financial awards from such Institutes, and includes multiple clinical sites and a single data coordinating committee. The Director shall ensure that not fewer than seven such clinical sites are in operation and may provide for the establishment of additional clinical sites, subject to appropriations Acts. ``(c) Peer Review.--With respect to technical and scientific peer review under section 492, the Director of NIH shall ensure that groups that review research proposals under this section include urogynecologists and other pelvic floor specialists.''. (b) Sense of Congress.-- (1) In general.--The Congress commends-- (A) the National Institute of Diabetes and Digestive and Kidney Diseases for its financial support of the Urinary Incontinence Treatment Network; (B) the National Institute of Child Health and Human Development for its financial support of the Clinical Trials Network for Female Pelvic Disorders; (C) the successful collaboration of such Institutes with respect to the Networks; and (D) each of such Networks for the research it is conducting toward improving women's pelvic health. (2) Certain activities.--It is the sense of the Congress that the Directors of the National Institute of Diabetes and Digestive and Kidney Diseases and the National Institute of Child Health and Human Development should-- (A) increase the size, scope, number, and funding for multidisciplinary research through centers and clinical sites of the Networks referred to in paragraph (1); (B) encourage industry relationships in women's pelvic floor health related research; (C) recruit established scientists from other relevant areas (such as cardiac or gastrointestinal physiology, cell signaling, biomechanical engineering, genomics, and proteomics) to apply their work to the urinary tract and incontinence by encouraging collaborative efforts between basic and clinical scientists; (D) increase research funding for studies that use cellular and molecular techniques to examine the basic mechanisms of bladder and urethral interactions that create urinary continence and incontinence; (E) support research to develop appropriate animal models of urinary incontinence; (F) develop novel techniques (both invasive and noninvasive) for measuring neural, muscular (striated and smooth), and vascular function relating to pelvic floor health; (G) identify risk factors for pelvic floor disorders and urinary incontinence related to childbirth and aging so that prevention measures and improved disease-specific treatment can be developed; (H) initiate research to develop preventive and therapeutic approaches to urinary incontinence that are sensitive to gender, race, and culture, and develop the means of measuring outcomes for treatments in these varied settings; (I) develop a national data registry and tissue bank of people suffering from incontinence to meet the needs of researchers for well-characterized tissue samples; and (J) research the relationship between the anatomic changes of pelvic organ prolapse and the functional derangement's commonly seen in association with them, including voiding dysfunction and incontinence. SEC. 5. INCLUSION OF WOMEN'S PELVIC FLOOR HEALTH IN NATIONAL CHILDREN'S STUDY. The Director of the National Institute of Child Health and Human Development shall include women's pelvic floor health as one of the matters studied in the prospective cohort study regarding child health and human development that is being conducted under section 1004(b) of the Children's Health Act of 2000 (Public Law 106-310; 114 Stat. 1130) and is known as the National Children's Study. SEC. 6. CONSULTATION. In carrying out this Act, the Secretary of Health and Human Services shall consult with the American Urogynecologic Society and such other qualified professional and patient organizations as the Secretary determines to be appropriate.", "summary": "Quality of Life for Women Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA) and the Director of the Centers for Disease Control and Prevention (CDC), to educate health professionals and the public on bladder and bowel dysfunction (including incontinence), pelvic organ prolapse, and other pelvic floor disorders. Expresses the sense of Congress that the Director should establish a national registry for surgical treatment of such disorders. Requires the Directors of the National Institute of Diabetes and Digestive and Kidney Diseases and the National Institute of Child Health and Human Development to: (1) expand and intensify the activities of such Institutes with respect to women's pelvic floor disorders, including developing proposals for research on such disorders; and (2) provide for the continuing operation of the Urinary Incontinence Treatment Network and the Clinical Trials Network for Female Pelvic Disorders. Commends such Institutes for their support of such Networks and such Networks for their research toward improving women's pelvic health. Expresses the sense of Congress as to efforts that such Institutes should undertake, including increasing their research, recruiting established scientists, and developing a national data registry and tissue bank of people suffering from incontinence."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fluke Fairness Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Summer flounder is an important economic fish stock for commercial and recreational fishermen across the Northeast and Mid-Atlantic United States. (2) The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) was reauthorized in 2006 and instituted annual catch limits and accountability measures for important fish stocks. (3) That reauthorization prompted fishery managers to look at alternate management schemes to rebuild depleted stocks like summer flounder. (4) Summer flounder occur in both State and Federal waters and are managed through a joint fishery management plan between the Council and the Commission. (5) The Council and the Commission decided that each State's recreational and commercial harvest limits for summer flounder would be based upon landings in previous years. (6) These historical landings were based on flawed data sets that no longer provide fairness or flexibility for fisheries managers to allocate resources based on the best science. (7) This allocation mechanism resulted in an uneven split among the States along the East Coast which is problematic. (8) The Fishery Management Plan for summer flounder does not account for regional changes in the location of the fluke stock even though the stock has moved further to the north and changes in effort by anglers along the East Coast. (9) The States have been locked in a management system based on data that occurred over a decade ago and the summer flounder stock is not being managed using the best available science and modern fishery management techniques. (10) It is in the interest of the Federal Government to establish a new fishery management plan for summer flounder that is based on current geographic, scientific, and economic realities. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Atlantic States Marine Fisheries Commission. (2) Council.--The term ``Council'' means the Mid-Atlantic Fishery Management Council established under section 302(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)). (3) National standards.--The term ``National Standards'' means the national standards for fishery conservation and management set out in section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)). (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (5) Summer flounder.--The term ``summer flounder'' means the species Paralichthys dentatus. SEC. 4. SUMMER FLOUNDER MANAGEMENT REFORM. (a) Fishery Management Plan Modification.--Not later than 1 year after the date of the enactment of this Act, the Council shall submit to the Secretary, and the Secretary may approve, a modified fishery management plan for the commercial and recreational management of summer flounder under title III of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) or an amendment to such plan that-- (1) shall be based on the best scientific information available; (2) reflects changes in the distribution, abundance, and location of summer flounder in establishing distribution of the commercial and recreational catch quotas; (3) considers regional, coastwide, or other management measures for summer flounder that comply with the National Standards; and (4) prohibits the allocation of commercial or recreational catch quotas for summer flounder on a State-by-State basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information. (b) Consultation With the Commission.--In preparing the modified fishery management plan or an amendment to such a plan as described in subsection (a), the Council shall consult with the Commission to ensure consistent management throughout the range of the summer flounder. (c) Failure To Submit Plan.--If the Council fails to submit a modified fishery management plan or an amendment to such a plan as described in subsection (a) that may be approved by the Secretary, the Secretary shall prepare and approve such a modified plan or amendment. SEC. 5. REPORT. Not later than 1 year after the date of the approval under section 4 of a modified fishery management plan for the commercial and recreational management of summer flounder or an amendment to such plan, the Comptroller General of the United States shall submit to Congress a report on the implementation of such modified plan or amendment that includes an assessment of whether such implementation complies with the National Standards.", "summary": "Fluke Fairness Act of 2013 - Directs the Mid-Atlantic Fishery Management Council to submit for approval by the Secretary of Commerce a modified fishery management plan for the commercial and recreational management of summer flounder, or an amendment to such plan, that: (1) is based on the best scientific information available; (2) reflects changes in the distribution, abundance, and location of summer flounder in establishing distribution of the commercial and recreational catch quotas; (3) considers regional, coastwide, or other management measures that comply with national standards under the Magnuson-Stevens Fishery Conservation and Management Act; and (4) prohibits the allocation of catch quotas on a state-by-state basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information. Requires the Council, in preparing such modifications or amendments, to consult with the Atlantic States Marine Fisheries Commission. Directs the Secretary to prepare and approve a plan if the Council fails to submit such modifications or amendments. Requires a Comptroller General (GAO) report that assesses whether the subsequent implementation of the approved plan complies with national standards."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Benefit Plan Security and Protection Act of 1994''. SEC. 2. CLARIFICATION OF SCOPE OF FIDUCIARY DUTIES UNDER ERISA. (a) In General.--Section 404(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)) is amended by adding at the end the following new paragraphs: ``(3)(A) In any case in which a fiduciary, in the course of managing a plan or exercising authority or control respecting management or disposition of its assets, has an occasion to choose between any two alternative investments of plan assets, if the fiduciary in making such choice takes into account other factors in addition to the rate of return, the riskiness of the investment, and other direct economic factors, the fiduciary shall not be considered to be discharging the fiduciary's duties with respect to the plan in accordance with paragraph (1) and section 403(c)(1) unless-- ``(i) the fiduciary has determined in advance that both alternatives are economically equally advantageous to the participants and beneficiaries under the plan, and ``(ii) such other factors are taken into account solely to the extent that they would be in the economic interest of participants and beneficiaries of the plan. ``(B)(i) A fiduciary with respect to a plan shall not be considered to be discharging the fiduciary's duties with respect to the plan in accordance with paragraph (1) and section 403(c)(1) if the fiduciary, in making investment decisions with respect to plan assets, takes into account external benefits. ``(ii) A fiduciary shall not be treated as failing to discharge the fiduciary's duties with respect to the plan in accordance with paragraph (1) or section 403(c)(1) solely because such investment yields external benefits. ``(iii) For purposes of this subparagraph, the term `external benefit' means, in connection with any investment of plan assets, a benefit to individuals other than participants or beneficiaries under the plan. ``(4)(A) Neither the Secretary nor any other agency or instrumentality of the Government of the United States may-- ``(i) establish or maintain, or cause to be established or maintained, by means of subsidy or otherwise, any list of investments or classes of investments purporting to satisfy the requirements of paragraph (1) or section 403(c)(1), or ``(ii) in any manner pledge, guarantee, ensure, or otherwise represent that any particular investment or class of investments will yield a sufficiently high rate of return at a sufficiently low level of risk to satisfy the requirements of paragraph (1) or section 403(c)(1). ``(B) None of the funds authorized or appropriated to carry out this Act or any other provision of law may be used-- ``(i) by the Secretary or any other agency or instrumentality of the United States, or ``(ii) by any other institution or entity established, chartered, or subsidized by the United States, to subsidize, or to otherwise increase the rate of return on, any particular investment or class of investments for the purpose of causing the requirements of paragraph (1) or section 403(c)(1) to be met with respect to such investment or class of investments. ``(5) Nothing in this title shall be construed to permit any matter unrelated to the economic interests of participants and beneficiaries under employee benefit plans to be taken into account in determining whether a fiduciary has discharged such fiduciary's duties with respect to a plan in accordance with paragraph (1) and section 403(c)(1).''. SEC. 3. CLARIFICATION OF SCOPE OF EXCLUSIVE BENEFIT RULE UNDER THE INTERNAL REVENUE CODE. (a) In General.--Section 401(a) of the Internal Revenue Code of 1986 (requirements for qualification of pension, profit-sharing, and stock bonus plans) is amended by inserting after paragraph (31) the following new paragraph: ``(32) Additional rules relating to exclusive benefit rule.-- ``(A) In general.--The requirements of paragraph (2) shall not be treated as satisfied with respect to a plan, in any case in which a fiduciary, in the course of managing a plan or exercising authority or control respecting management or disposition of its assets, has an occasion to choose between any two alternative investments of plan assets, if the fiduciary in making such choice takes into account other factors in addition to the rate of return, the riskiness of the investment, and other direct economic factors, unless-- ``(i) the fiduciary has determined in advance that both alternatives are economically equally advantageous to the employees and their beneficiaries under the plan, and ``(ii) such other factors are taken into account solely to the extent that they would be in the economic interest of the employees and their beneficiaries of the plan. ``(B) Disregard of external benefits.-- ``(i) In general.--The requirements of paragraph (2) shall not be treated as satisfied with respect to a plan in any case in which a fiduciary with respect to the plan, in making investment decisions with respect to plan assets, takes into account external benefits. ``(ii) External benefits permissible.--The requirements of paragraph (2) shall not be treated as not satisfied solely because such investment yields external benefits. ``(iii) External benefit.--For purposes of this subparagraph, the term `external benefit' means, in connection with any investment of plan assets, a benefit to individuals other than the employees or their beneficiaries under the plan. ``(C) Noninterference with fiduciary responsibilities.-- ``(i) Prohibition against lists and other referrals.--Neither the Secretary nor any other agency or instrumentality of the Government of the United States may-- ``(I) establish or maintain, or cause to be established or maintained, by means of subsidy or otherwise, any list of investments or classes of investments purporting to satisfy the requirements of subparagraph (A), or ``(II) in any manner pledge, guarantee, ensure, or otherwise represent that any particular investment or class of investments will yield a sufficiently high rate of return at a sufficiently low level of risk to satisfy the requirements of subparagraph (A). ``(ii) Prohibition against subsidies.--None of the funds authorized or appropriated to carry out this title or any other provision of law may be used-- ``(I) by the Secretary or any other agency or instrumentality of the United States, or ``(II) by any other institution or entity established, chartered, or subsidized by the United States, to subsidize, or to otherwise increase the rate of return on, any particular investment or class of investments for the purpose of causing the requirements of subparagraph (A) to be met with respect to such investment or class of investments. ``(D) Irrelevance of matters other than economic interests of employees and their beneficiaries.-- Nothing in this paragraph or paragraph (2) shall be construed to permit any matter unrelated to the economic interests of the employees and their beneficiaries to be taken into account in determining whether the requirements of paragraph (2) have been satisfied.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to acts or failures to act occurring on or after the date of the enactment of this Act.", "summary": "Employee Benefit Plan Security and Protection Act of 1994 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to revise provisions regarding employee benefit plan fiduciary duties in relation to external benefits, social investing, and economically targeted investments."}
{"article": "SECTION 1. CHILD OPPORTUNITY ZONE FAMILY CENTERS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following: ``Part L--Child Opportunity Zone Family Centers ``SEC. 10995A. SHORT TITLE. ``This part may be cited as the `Child Opportunity Zone Family Center Act of 2001'. ``SEC. 10995B. PURPOSE. ``The purpose of this part is to encourage eligible partnerships to establish or expand child opportunity zone family centers in public elementary schools and secondary schools in order to provide comprehensive support services for children and their families, and to improve the children's educational, health, mental health, and social outcomes. ``SEC. 10995C. DEFINITIONS. ``In this part: ``(1) Child opportunity zone family center.--The term `child opportunity zone family center' means a school-based or school-linked community service center that provides and links children and their families with comprehensive information, support, services, and activities to improve the education, health, mental health, safety, and economic well-being of the children and their families. ``(2) Eligible partnership.--The term `eligible partnership' means a partnership-- ``(A) that contains-- ``(i) at least 1 public elementary school or secondary school that-- ``(I) receives assistance under title I and for which a measure of poverty determination is made under section 1113(a)(5) with respect to a minimum of 40 percent of the children in the school; and ``(II) demonstrates parent involvement and parent support for the partnership's activities; ``(ii) a local educational agency; ``(iii) a public agency, other than a local educational agency, such as a local or State department of health, mental health, or social services; and ``(iv) a nonprofit community-based organization, providing health, mental health, or social services; ``(v) a local child care resource and referral agency; and ``(vi) a local organization representing parents; and ``(B) that may contain-- ``(i) an institution of higher education; and ``(ii) other public or private nonprofit entities with experience in providing services to disadvantaged families. ``SEC. 10995D. GRANTS AUTHORIZED. ``(a) In General.--The Secretary may award, on a competitive basis, grants to eligible partnerships to pay for the Federal share of the cost of establishing and expanding child opportunity zone family centers. ``(b) Duration.--The Secretary shall award grants under this section for periods of 5 years. ``SEC. 10995E. REQUIRED ACTIVITIES. ``Each eligible partnership receiving a grant under this part shall use the grant funds-- ``(1) in accordance with the needs assessment described in section 10995F(b)(1), to provide or link children and their families with information, support, activities, or services in core areas such as education, child care, before- and after- school care and enrichment programs, health services, mental health services, family support, nutrition, literacy services, parenting skills, and drop-out prevention; ``(2) to provide intensive, high-quality, research-based programs that-- ``(A) provide violence prevention education for families and developmentally appropriate instructional services to children (including children below the age of compulsory school attendance); and ``(B) provide effective strategies for nurturing and supporting the emotional, social, and cognitive growth of children; and ``(3) to provide training, information, and support to families to enable the families to participate effectively in their children's education, and to help their children meet challenging standards, including assisting families to-- ``(A) understand the applicable accountability systems, including State and local content standards, performance standards, and assessments, their children's educational performance in comparison to the standards, and the steps the school is taking to address the children's needs and to help the children meet the standards; and ``(B) communicate effectively with personnel responsible for providing educational services to the families' children, and to participate in the development and implementation of school-parent compacts, parent involvement policies, and school plans. ``SEC. 10995F. APPLICATIONS. ``(a) In General.--Each eligible partnership desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(b) Contents.--Each application submitted pursuant to subsection (a) shall-- ``(1) include a needs assessment, including a description of how the partnership will ensure that the activities to be assisted under this part will be tailored to meet the specific needs of the children and families to be served; ``(2) describe arrangements that have been formalized between the participating public elementary school or secondary school, and other partnership members; ``(3) describe how the partnership will effectively coordinate with the centers under section 1118 and utilize Federal, State, and local sources of funding that provide assistance to families and their children; ``(4) describe the partnership's plan to-- ``(A) develop and carry out the activities assisted under this part with extensive participation of parents, administrators, teachers, pupil services personnel, social and human service agencies, and community organizations and leaders; and ``(B) coordinate the activities assisted under this part with the education reform efforts of the participating public elementary school or secondary school, and the participating local educational agency; ``(5) describe how the partnership will ensure that underserved populations such as families of students with limited English proficiency, or families of students with disabilities, are effectively involved, informed, and assisted; ``(6) describe how the partnership will collect and analyze data, and will utilize specific performance measures and indicators to-- ``(A) determine the impact of activities assisted under this part as described in section 10995I(a); and ``(B) improve the activities assisted under this part; and ``(7) describe how the partnership will protect the privacy of families and their children participating in the activities assisted under this part. ``SEC. 10995G. FEDERAL SHARE. ``The Federal share of the cost of establishing and expanding child opportunity zone family centers-- ``(1) for the first year for which an eligible partnership receives assistance under this part shall not exceed 90 percent; ``(2) for the second such year, shall not exceed 80 percent; ``(3) for the third such year, shall not exceed 70 percent; ``(4) for the fourth such year, shall not exceed 60 percent; and ``(5) for the fifth such year, shall not exceed 50 percent. ``SEC. 10995H. FUNDING. ``(a) Continuation of Funding.--Each eligible partnership that receives a grant under this part shall, after the third year for which the partnership receives funds through the grant, be eligible to continue to receive the funds if the Secretary determines that the partnership has made significant progress in meeting the performance measures used for the partnership's local evaluation under section 10995I(a). ``(b) Limitation on Use of Funds To Offset Other Programs.-- Notwithstanding any other provision of law, none of the funds received under a grant under this part may be used to pay for expenses related to any other Federal program, including treating such funds as an offset against such a Federal program. ``SEC. 10995I. EVALUATIONS AND REPORTS. ``(a) Local Evaluations.--Each partnership receiving funds under this part shall conduct annual evaluations and submit to the Secretary reports containing the results of the evaluations. The reports shall include the results of the partnership's performance assessment effectiveness in reaching and meeting the needs of families and children served under this part, including performance measures demonstrating-- ``(1) improvements in areas such as student achievement, family participation in schools, and access to health care, mental health care, child care, and family support services, resulting from activities assisted under this part; and ``(2) reductions in such areas as violence among youth, truancy, suspension, and dropout rates, resulting from activities assisted under this part. ``(b) National Evaluations.--The Secretary shall reserve not more than 3 percent of the amount appropriated under this part to carry out a national evaluation of the effectiveness of the activities assisted under this part. Such evaluation shall be completed not later than 3 years after the date of enactment of the Child Opportunity Zone Family Center Act of 2001, and every year thereafter and shall be submitted to Congress. ``(c) Exemplary Activities.--The Secretary shall broadly disseminate information on exemplary activities developed under this part. ``SEC. 10995J. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $100,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2005.''.", "summary": "Child Opportunity Zone Family Center Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to provide for Child Opportunity Zone Family Centers (school-based or school-linked community service centers that provide and link children and their families with comprehensive information, support, services, and activities to improve the children's and families' education, health, mental health, safety, and economic well-being).Authorizes the Secretary of Education to award competitive grants to eligible partnerships for the Federal share of costs of establishing and expanding such centers."}
{"article": "SECTION 1. SHORT TITLE, REFERENCE. (a) Short Title.--This Act may be cited as the ``Public Health Pesticides Protection Act of 1993''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Insecticide, Fungicide, and Rodenticide Act. SEC. 2. DEFINITIONS. (a) Adverse Effects.--Section 2(bb) (7 U.S.C. 136(bb)) is amended by adding at the end the following: ``The Administrator shall consider the risks and benefits of public health pesticides separate from the risks and benefits of other pesticides. In weighing any regulatory action concerning a public health pesticide under this Act, the Administrator shall weigh any risks of the pesticide against the health risks such as the diseases transmitted by the vector to be controlled by the pesticide.''. (b) New Definitions.--Section 2 (7 U.S.C. 136) is amended by adding at the end the following: ``(hh) Minor Use.--The term `minor use' means the total anticipated small volume use of any pesticide product against a particular pest or group of pests which, by itself, would not economically justify a full, separate pesticide registration. Wherever a minor use is designated in this Act for agricultural crop production or agricultural uses, such term includes any use intended to protect the public from insects or other pests or the diseases which such pests may transmit to man or domestic animals. ``(ii) Public Health Pesticide.--The term `public health pesticide' means any minor use pesticide product registered for use and used predominantly in public health programs for vector control or for other recognized health protection uses, including the prevention or mitigation of viruses, bacteria, or other microorganisms (other than viruses, bacteria, or other microorganisms on or in living man or other living animal) that pose a threat to public health. ``(jj) Vector.--The term `vector' means any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including mosquitoes, flies, fleas, cockroaches, or other insects and ticks, mites, or rats.''. SEC. 3. REGISTRATION. Section 3(c)(2)(A) (7 U.S.C 136a(c)(2)(A)) is amended-- (1) by inserting after ``pattern of use,'' the following: ``the public health and agricultural need for such minor use,'', and (2) by striking out ``potential exposure of man and the environment to the pesticide'' and inserting in lieu thereof ``potential beneficial or adverse effects on man and the environment''. SEC. 4. REREGISTRATION. Section 4 (7 U.S.C. 136a-1) is amended-- (1) in subsection (i)(4), by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively and by adding after subparagraph (A) the following: ``(B) Any pesticide defined as a public health pesticide of which more than 50 percent of its usage is devoted to the promotion of public health shall be exempt from fees prescribed by paragraph (3).''. (2) in subsection (i)(5), by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by adding after subparagraph (E) the following: ``(F) An end use product that is registered for a public health pesticide of which at least 50 percent of its usage is devoted to the promotion of public health shall be exempt from the fees prescribed by this paragraph.''. (3) in subsection (i)(7)(B), by striking out ``or to determine'' and inserting in lieu thereof ``, to determine'' and by inserting before the period the following: ``, or to determine the volume usage for public health pesticides''. (4) in subsection (k)(3)(A), by striking out ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting in lieu thereof ``; or'', and by inserting after clause (ii) the following: ``(iii) proposes the initial or amended registration of an end use pesticide that, if registered as proposed, would be used for a public health pesticide.''. SEC. 5. CANCELLATION. Section 6(b) is amended by striking out ``or'' at the end of paragraph (1), by striking out the period at the end of paragraph (2) and inserting in lieu thereof ``; or'', and by adding after paragraph (2) the following: ``(3) if a pesticide is registered or proposed for registration for public health uses, to send the notice specified in this subsection to the Secretary of Health and Human Services for review. The Secretary of Health and Human Services shall comment under paragraph (3) in accordance with the procedures followed and subject to the same conditions as comments by the Secretary of Agriculture in the case of agricultural pesticides.''. SEC. 6. VIEWS. Section 21 (7 U.S.C. 136s) is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by adding after subsection (a) the following: ``(b) Secretary of Health and Human Services.--The Administrator, before publishing regulations under this Act for any public health pesticide, shall solicit the views of the Secretary of Health and Human Services in the same manner as the views of the Secretary of Agriculture are solicited under section 25(a).''. SEC. 7. AUTHORITY OF ADMINISTRATOR. Section 25(a)(1) (7 U.S.C 136w(a)(1)) is amended-- (1) by inserting after ``various classes of pesticides'' the following: ``, including public health pesticides,'', and (2) by striking out ``and nonagricultural pesticides'' and inserting in lieu thereof ``, nonagricultural, and public health pesticides''. SEC. 8. IDENTIFICATION OF PESTS. Section 28 (7 U.S.C. 136w-3) is amended by adding at the end the following: ``(d) Public Health Pests.--The Administrator, in coordination with the Secretary of Health and Human Services, shall identify pests of significant public health importance and, in coordination with the Public Health Service, develop and implement programs to improve and facilitate the safe and necessary use of chemical, biological, and other methods to combat and control such pests of public health importance.''. SEC. 9. PUBLIC HEALTH PESTICIDES. The Federal Insecticide, Fungicide, and Rodenticide Act is amended by adding at the end the following: ``SEC. 32. PUBLIC HEALTH PESTICIDES. ``The Administrator, in conjunction with the Secretary of Health and Human Services, shall submit an annual report to the Congress by March 1 of each year describing the uses of public health pesticides to promote human health protection in the United States. The report shall include ``(1) an analysis of vector control practices, ``(2) an analysis of the approximately 50 diseases which are associated with arthropods or other vectors, including a consideration of the impact of vector control on the incidence of such diseases, ``(3) an analysis of the role of IPM in vector control and how agricultural IPM practices impact public health vector control, and ``(4) an analysis of public health pesticides, including the benefits of vectored disease prevention and a comparison of such benefits to the relative risks of the use of public health pesticides and the risks of vectored diseases.''.", "summary": "Public Health Pesticides Protection Act of 1993 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to consider the risks and benefits of public health pesticides separately from the risks and benefits of other pesticides. Requires the Administrator, in weighing any regulatory action concerning a public health pesticide, to weigh any risks of the pesticide against the health risks to be controlled by the pesticide. Defines: (1) a \"public health pesticide\" as a minor use pesticide registered for use and used predominantly in public health programs for vector control or other health protection uses; and (2) \"vector\" as any animal capable of transmitting the causative agent of human disease or of producing human discomfort or injury. Exempts from reregistration fees public health pesticides of which more than 50 percent of usage (or at least 50 percent in the case of certain end use products) is devoted to the promotion of public health. Provides for expedited processing and review of pesticide applications that propose the initial or amended registration of an end use pesticide that, if registered as proposed, would be used as a public health pesticide. Provides for review by the Secretary of Health and Human Services of registrations of public health pesticides proposed for cancellation. Directs the Administrator to identify pests of significant public health importance and to implement programs to improve and facilitate the safe use of methods to combat such pests."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Crossing Deterrence Act of 2008''. SEC. 2. EXPANSION OF OPERATION STREAMLINE. (a) In General.--Not later than December 31, 2009, the Secretary of Homeland Security, in Cooperation with the Attorney General, shall expand Operation Streamline (the zero-tolerance prosecution policy for illegal entry and reentry) to all 20 border sectors. (b) Authorization of Appropriations.--There are authorized to be appropriated $500,000,000 for each of the fiscal years 2009 through 2018 to carry out this section. SEC. 3. MANDATORY MINIMUM SENTENCES FOR ILLEGAL ENTRY. Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Improper Time or Place; Criminal Penalties.--Any alien who is apprehended while entering, or attempting to enter, the United States at a time and place other than as designated by immigration offices-- ``(1) in the case of a first violation of subsection (a), shall be sentenced to a term of imprisonment of not less than 10 days and not more than 364 days; ``(2) in the case of a second violation of subsection (a), shall be sentenced to a term of imprisonment of not less than 60 days and not more than 2 years; and ``(3) in the case of a third or subsequent violation of subsection (a), shall be sentenced to a term of imprisonment of not less than 90 days and not more than 3 years.''. SEC. 4. MANDATORY MINIMUM SENTENCES FOR ILLEGAL REENTRY. Section 276 (8 U.S.C. 1326) is amended to read as follows: ``SEC. 276. REENTRY OF REMOVED ALIEN. ``(a) Reentry After Removal.--Any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and imprisoned not less than 90 days and not more than 2 years. ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty prescribed under subsection (a), an alien described in that subsection who was-- ``(1) convicted for 3 or more misdemeanors or a felony before such removal or departure, shall be fined under title 18, United States Code, and imprisoned for not less than 1 year and not more than 10 years; ``(2) convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 30 months, shall be fined under such title, and imprisoned for not less than 2 years and not more than 15 years; ``(3) convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 60 months, shall be fined under such title and imprisoned for not less than 4 years and not more than 20 years; ``(4) convicted for 2 or more felonies before such removal or departure, shall be fined under such title and imprisoned for not less than 4 years and for not more than 20 years; or ``(5) convicted, before such removal or departure, for murder, rape, kidnapping, for a felony offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such title, shall be fined under such title and imprisoned for not less than 5 years and not more than 20 years. ``(c) Reentry After Repeated Removal.--Any alien who, after having been denied admission, excluded, deported, or removed 2 or more times, enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and imprisoned for not less than 2 years and not more than 10 years. ``(d) Proof of Prior Convictions.--The prior convictions described in subsection (b) are elements of the crimes described in that subsection, and the penalties in that subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- ``(1) alleged in the indictment or information; and ``(2) proven beyond a reasonable doubt at trial or admitted by the defendant. ``(e) Affirmative Defenses.--It shall be an affirmative defense to a violation of this section that-- ``(1) the alien had sought and received, before the alleged violation, the express consent of the Secretary of Homeland Security to reapply for admission into the United States; ``(2) with respect to an alien previously denied admission and removed, the alien-- ``(A) was not required to obtain such advance consent under the Immigration and Nationality Act or under any prior Act; and ``(B) had complied with all other laws and regulations governing the alien's admission into the United States; or ``(3) at the time of the prior exclusion, deportation, removal, or denial of admission alleged in the violation, the alien-- ``(A) was younger than 18 years of age; and ``(B) had not been convicted of a crime or adjudicated a delinquent minor by a court of the United States, or a court of a State or territory, for conduct that would constitute a felony if committed by an adult. ``(f) Limitation on Collateral Attack on Underlying Removal Order.--In a criminal proceeding under this section, an alien may not challenge the validity of any prior removal order concerning the alien unless the alien demonstrates by clear and convincing evidence that-- ``(1) the alien exhausted all administrative remedies that may have been available to seek relief against the order; ``(2) the removal proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and ``(3) the entry of the order was fundamentally unfair. ``(g) Reentry of Alien Removed Before Completing Term of Imprisonment.--Any alien removed pursuant to section 241(a)(4) who enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States shall be-- ``(1) incarcerated for the remainder of the term of imprisonment, which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the Secretary of Homeland Security has expressly consented to the alien's reentry; and ``(2) subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law. ``(h) Limitation.--An individual who provides an alien with emergency humanitarian assistance, including emergency medical care and food, or transports the alien to a location where such assistance can be rendered without compensation or the expectation of compensation may not be prosecuted for aiding and abetting a violation of this section based on the provision of such humanitarian services . ``(i) Definitions.--In this section: ``(1) Felony.--The term `felony' means any criminal offense punishable by a term of imprisonment of more than 1 year under the laws of the United States, of any State, or of a foreign government. ``(2) Misdemeanor.--The term `misdemeanor' means any criminal offense punishable by a maximum term of imprisonment of not more than 1 year under the applicable laws of the United States, of any State, or of a foreign government. ``(3) Removal.--The term `removal' includes any denial of admission, exclusion, deportation, or removal, or any agreement by which an alien stipulates or agrees to exclusion, deportation, or removal. ``(4) State.--The term `State' means any of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. SEC. 5. MANDATORY MINIMUM SENTENCES FOR DESTROYING BORDER BARRIERS OR INFRASTRUCTURE. Section 1361 of title 18, United States Code, is amended-- (1) by striking ``Whoever'' and inserting the following: ``(a) In General.--Whoever''; and (2) by adding at the end the following: ``(b) Destruction of Border Barriers or Infrastructure.--Any alien who damages or destroys fencing or infrastructure, such as cameras, sensors, and vehicle barriers, that has been installed along the international border of the United States by the United States Government shall be fined under this title and imprisoned for not less than 5 years.''.", "summary": "Border Crossing Deterrence Act of 2008 - Directs the Secretary of Homeland Security to expand Operation Streamline (the zero-tolerance prosecution policy for illegal entry and reentry) to all 20 border sectors. Authorizes appropriations. Amends the Immigration and Nationality Act to: (1) revise and increase criminal penalties, including establishing mandatory minimum penalties, for an alien's entry into the United States at an improper time or place; and (2) revise criminal penalty and related provisions, and establish mandatory minimum sentences, respecting the reentry of an alien who has been removed from the United States. Amends the federal criminal code to establish a mandatory minimum criminal penalty of five years for an alien's destruction of U.S. government-installed border barriers or infrastructure."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Patient Safeguards Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) The 2009 Medicare Trustees Report estimates that Medicare spending could grow from 3.2 percent of the U.S. economy to 11.4 percent during the next 75 years and warns of the significant cost burden growth of this magnitude would place on workers, Medicare beneficiaries, and the Federal budget. (2) In 2009, Congress provided $1,150,000,000 for comparative effectiveness research, including cost- effectiveness analysis. (3) The Medicare Payment and Advisory Commission suggested that the Centers for Medicare & Medicaid Services use cost effectiveness analysis to look at groups of services used to treat specific illnesses that have small differences in quality but large differences in cost. (4) MedPAC has reported concerns that the rigid use of cost effectiveness analysis might limit Medicare beneficiaries' access to certain services, ration rather than promote appropriate care, slow innovation, and interfere with the practice of medicine. (5) MedPAC has listed methodological and reporting shortcomings of cost effectiveness analysis, including not using all available clinical evidence, not sufficiently reporting on the extent to which the results are applicable to the general population, selectively reporting results, and placing undue emphasis on certain results of such analysis. (6) While serving as the head of Congressional Budget Office, White House Budget director Peter Orszag said determining which treatment was most cost effective for a given population would involve placing a dollar value on an additional year of life. (7) While serving as the head of Congressional Budget Office, White House Budget director Peter Orszag suggested the possibility of limiting Medicare coverage for more effective but more expensive services. (8) CMS recently described cost effectiveness analysis expertise as one of its most critical needs to Medicare Evidence Development & Coverage Advisory Committee, which advises CMS on national coverage determinations (NCDs). (9) CMS, through proposed rule making, has twice failed in attempts to formally incorporate cost effectiveness analysis into NCDs. (10) CMS officials report that the agency considers potential cost savings before deciding to make changes to a NCD that narrows coverage under the Medicare program. (11) AARP has stated that comparative effectiveness research is intended to help consumers and providers determine the best treatment, not just the least costly treatment. AARP warned that this information from comparative effectiveness research should not be used as a means to deny individuals access to appropriate therapeutic options. (12) The Congressional Black Caucus, focusing in particular on the exacerbating of health inequities across subpopulation groups, expressed concerns that comparative effectiveness research should not be used as rationale for limiting care to the care that works best for the average patient, rather than providing coverage for the care that works best for each individual patient. (13) Congressional New Democrats-- (A) argued that any application of comparative effectiveness research must protect against the use of this research to deny access to care solely based on cost; and (B) urged Congress to ensure that clinical effectiveness and medical outcomes are the focus of comparative effectiveness research funding. (14) The American Heart Association-- (A) urges Congress to include patient safeguards in legislation to prevent the misuse of cost effectiveness analysis; and (B) argues that the primary focus of comparative effectiveness research should be optimizing clinical outcomes and value for patients and society and not for the purpose of minimizing costs. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) efforts to make the Medicare program financially sustainable, including the application of comparative effectiveness research, should not-- (A) deprive patients of medically necessary care solely due to the cost of such care; or (B) limit access to needed health care services due to a patient's age, gender, ethnicity, or disability status; and (2) Congress should protect patients' access to needed care by ensuring that the Administrator of CMS relies on adequate clinical expertise when the Administrator proposes to narrow coverage for a product or service under the Medicare program under title XVIII of the Social Security Act. SEC. 4. PROCESS FOR CERTAIN NATIONAL COVERAGE DETERMINATIONS. (a) Requirements for the Issuance of Certain Medicare National Coverage Determinations.--Unless all of the conditions under subsection (b) are met, the Administrator may not issue a final national coverage determination (referred to in this Act as a NCD)-- (1) if the NCD restricts local or national coverage for an item or service that, before the date of the issuance of such NCD, was routinely covered under the Medicare program under title XVIII of the Social Security Act; (2) if the NCD would result in significant cost savings for the Medicare program; (3) if there is controversy in the available peer-reviewed medical and scientific literature about the evidence supporting the NCD; (4) if the NCD restricts local or national coverage for an item or service that-- (A) is supported by current clinical practice guidelines-- (i) included in the National Guideline Clearinghouse maintained by the Agency for Healthcare Research and Quality; or (ii) maintained by a State medical society; or (B) is endorsed by the National Quality Forum or by another national organization that evaluates voluntary consensus-based provides quality measures and is designated by the Secretary for purposes of making an endorsement under this subparagraph; or (5) if the Administrator determines that-- (A) significant differences in opinion exist among experts concerning-- (i) what evidence should be reviewed in developing the NCD; or (ii) how data should be interpreted for purposes of developing the NCD; and (B) an independent analysis of the evidence and data analysis would be valuable in developing the final NCD. (b) Required Conditions.--The conditions under this subsection are as follows: (1) Request for review.--Before the start of the public comment period for a proposed NCD that contains all the restrictions on the coverage of products and services included in the final NCD, the Administrator makes a formal request to MEDCAC for a review of the scientific and clinical evidence supporting and opposing the NCD. (2) MEDCAC review subcommittee.-- (A) In general.--MEDCAC convenes a subcommittee to-- (i) review the evidence supporting the proposed NCD (including clinical practice guidelines published by medical specialty societies), taking into account-- (I) the evidence related to subpopulations of beneficiaries (including men, women, racial and ethnic minorities, the elderly, individuals with disabilities, and individuals with genetic variations); and (II) the extent to which patient preference is a factor in the use of the item or service that is the subject of the NCD; (ii) conduct an evaluation of the clinical and scientific evidence relating to the clinical benefits and risks of a technology affected by such NCD; and (iii) determine if the NCD will limit the access of Medicare beneficiaries to medically necessary care. (B) Membership.--The subcommittee under subparagraph (A) shall have 15 members, each of whom-- (i) shall be a clinical expert in the medical specialty or specialties that are most relevant to the topic of the NCD; and (ii) to the extent feasible, shall have expertise in the development of clinical practice guidelines. (C) Outside experts allowed.--MEDCAC may include individuals who are not members of MEDCAC in the membership of the subcommittee convened under subparagraph (A). (3) Subcommittee comment.-- (A) In general.--Not later than the last day of the period under paragraph (1), the subcommittee convened under paragraph (3)(A) shall submit to the Administrator a public comment on the NCD that contains an evaluation of whether-- (i) the NCD is appropriate based on the subcommittee's activities under paragraph (2)(A); (ii) the NCD is consistent with clinical guidelines; (iii) the NCD would adversely impact the access of subpopulations to items or services which may benefit such subpopulations; or (iv) the NCD would adversely impact access to treatment options that are primarily selected by patients, with their physicians, based on patient preference and quality of life criteria. (B) Ncds that prevent access to care.--If MEDCAC determines that the proposed NCD could prevent Medicare patients from receiving medically necessary care, the MEDCAC panel shall include in such public comment a recommendation that the proposed NCD not be issued as a final NCD. (c) Restriction on Additional Limitation on Coverage.--The Administrator may not issue a final NCD that contains any restrictions on the coverage of products and services that were not included in the proposed NCD reviewed under subsection (b). (d) Construction.--Nothing in this Act shall be construed as preventing a Medicare beneficiary from using private funds to purchase supplemental health insurance coverage or to directly purchase medically necessary care. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of CMS. (2) CMS.--The term ``CMS'' means the Centers for Medicare & Medicaid Services. (3) MEDCAC.--The term ``MEDCAC'' means the Medicare Evidence Development & Coverage Advisory Committee established by the Secretary of Health and Human Services pursuant to section 222 of the Public Health Service Act. (4) Medically necessary services.--The term ``medically necessary care'' means health care services or products that a prudent physician would provide to a patient for the purpose of preventing, diagnosing, treating or rehabilitating an illness, injury, disease or its associated symptoms, impairments or functional limitations in a manner that is-- (A) in accordance with generally accepted standards of medical practice; (B) clinically appropriate in terms of type, frequency, extent, site and duration; and (C) not primarily for the convenience of the patient, physician, or other health care provider. (5) MedPAC.--The term ``MedPAC'' means the Medicare Payment Advisory Commission established under Section 1805 of the Social Security Act. (6) National coverage determination.--The term ``national coverage determination'' has the meaning given such term in section 1869(f)(1)(B) of the Social Security Act.", "summary": "Medicare Patient Safeguards Act of 2009 - Expresses the sense of Congress that: (1) efforts to make the Medicare program financially sustainable, including application of comparative effectiveness research, should not deprive patients of medically necessary care solely due to its cost or limit access to needed health care services due to a patient's age, gender, ethnicity, or disability status; and (2) Congress should protect patients' access to needed care by ensuring that the Administrator of Centers for Medicare and Medicaid Services (CMS) relies on adequate clinical expertise when the Administrator proposes to narrow coverage for a product or service under title XVIII (Medicare) of the Social Security Act. Establishes a process for the issuing of Medicare national coverage determinations by the Administrator. Enumerates prohibitions and conditions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Maternal Mortality Act of 2018''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Four million American women give birth each year, and an estimated 700 will die annually during pregnancy, childbirth, or the postpartum period. (2) The United States ranks 47th for maternal mortality rate globally, and is one of only eight countries in which the maternal mortality rate is rising. It is estimated that, between 2000 and 2014, the United States maternal mortality rate grew by 26.6 percent. (3) Common causes of maternal mortality include obstetric hemorrhage, hypertension and preeclampsia, sepsis, and substance use disorder and overdose. (4) More than half of maternal deaths are likely preventable. (5) Additionally, 65,000 American women experience severe maternal morbidity (SMM) annually, meaning the physical and psychological conditions that result from, or are aggravated by, pregnancy have an adverse effect on the health of a woman. (6) Racial and ethnic disparities persist across the Nation, and Black women are three to four times more likely to die from complications of pregnancy or childbirth than White women. SEC. 3. PLAN FOR REDUCING MATERNAL MORTALITY. The Public Health Service Act is amended by inserting after section 229 of such Act (42 U.S.C. 237a) the following new section: ``SEC. 229A. PLAN FOR REDUCING MATERNAL MORTALITY. ``(a) In General.--Not later than 1 year after the date of enactment of the Ending Maternal Mortality Act of 2018, and biennially thereafter, the Secretary shall develop and submit to the Congress a national plan to reduce the rate of preventable maternal mortality, with the goals of-- ``(1) cutting the rate in half over the 10 years following such date of enactment; and ``(2) eliminating preventable maternal deaths by the date that is 20 years after such date of enactment. ``(b) Objectives; Strategy.--In each biennial plan under subsection (a), the Secretary shall include-- ``(1) a list of objectives for meeting the goals described in subsection (a); and ``(2) a strategy for implementing the plan across the agencies and offices of the Department of Health and Human Services. ``(c) Specific Issues.--In each biennial plan under subsection (a), the Secretary shall address the following: ``(1) Increasing public understanding of maternal mortality and severe maternal morbidity, including risk factors, warning signs, and prevention of common causes like hemorrhage, preeclampsia, and substance use disorders and other mental health conditions. ``(2) Improving understanding of the root causes of maternal mortality and severe maternal morbidity, including both medical and socioeconomic factors. ``(3) Improving data collection, including State-level reporting. ``(4) Identifying at-risk populations and eliminating disparities that persist based on a mother's race, ethnicity, socioeconomic status, and geographic location. ``(5) Supporting and expanding maternal mortality review committees that bring together public and private relevant stakeholders to review cases of pregnancy-related and pregnancy-associated complications and deaths to make recommendations to improve the quality of care and outcomes. ``(6) Assessing hospital culture of safety in maternity care and how best to provide resources to improve outcomes. ``(7) Improving health and treatment services for expectant mothers struggling with substance use and mental health disorders. ``(8) Studying and supporting local and targeted responses to maternal death. ``(9) Identifying Federal programs and activities to reduce maternal mortality and making recommendations for improving the effectiveness and coordination of such programs and activities. ``(d) Public Posting.--The Secretary shall make each plan submitted to the Congress under this section publicly accessible on the website of the Department of Health and Human Services. ``(e) Consultation.--In developing each biennial plan under this section, the Secretary shall solicit input from organizations representing patients, health care providers, hospitals, other treatment facilities, public health departments and practitioners, and other entities, as appropriate. ``(f) Definitions.--In this section: ``(1) The term `maternal mortality' refers to maternal deaths that occur during, or within the 12 months following, pregnancy. ``(2) The term `maternal morbidity' refers to pregnancy- related and pregnancy-associated complications that do not result in maternal death. ``(3) The term `severe maternal morbidity' includes unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman's health.''.", "summary": "Ending Maternal Mortality Act of 2018 This bill amends the Public Health Service Act to require the Department of Health and Human Services to publish every two years a national plan to reduce the rate of preventable maternal mortality (maternal deaths that occur during or within 12 months of pregnancy). Each plan must address specific issues relating to maternal mortality and severe maternal morbidity (unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman's health), such as issues surrounding public awareness, at-risk populations and disparities, and quality of care."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Backcountry Landing Strip Access Act''. SEC. 2. FINDINGS. Congress finds that aircraft landing strips-- (1) serve an essential safety function as emergency landing areas; (2) serve as trailhead access points for-- (A) outdoor enthusiasts and their activities, including hiking, fishing, and hunting; (B) land management activities, including forest management and firefighting; and (C) inholdings, including mining, ranching, scientific research, and tourism; (3) provide access to national parks, national forests, wilderness areas, and other Federal land for people who would otherwise be physically unable to enjoy such places; (4) support the economies of the surrounding communities by providing efficient access for visitors seeking recreational activities; and (5) serve an essential role in search and rescue, forest and ecological management, research, wildlife management, aerial mapping, firefighting, and disaster relief. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Aircraft landing strip.--The term ``aircraft landing strip'' means an established aircraft landing strip located on Federal land under the administrative jurisdiction of the Secretary that is for aircraft landing and departure activities. (3) Permanently close.--The term ``permanently close'' means any closure lasting more than 30 consecutive days in any calendar year. (4) Secretary.--The term ``Secretary'' means-- (A) with respect to land under the jurisdiction of the Department of the Interior, the Secretary of the Interior; and (B) with respect to land under the jurisdiction of the Department of Agriculture, the Secretary of Agriculture. SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN AIRCRAFT LANDING STRIPS. (a) In General.--The Secretary shall not take any action that would permanently close, restrict, or render or declare as unserviceable any aircraft landing strip unless-- (1) the action has been approved by the head of the aviation department of the State in which the aircraft landing strip is located; (2) the Secretary publishes notice of the proposed action in the Federal Register, including notice that the action would permanently close, restrict, or render or declare as unserviceable the aircraft landing strip; (3) the Secretary provides for a 90-day public comment period beginning on the date on which the notice under paragraph (2) is published; and (4) the Secretary and the head of the aviation department of the State in which the affected aircraft landing strip is located have taken into consideration any comments received during the comment period described in paragraph (3). (b) Policies.-- (1) Backcountry aviation policies.--Not later than 2 years after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly-- (A) establish a national policy for governing backcountry aviation issues relating to the management of Federal land under the jurisdiction of the Department of the Interior and the Department of Agriculture; and (B) require officials with jurisdiction over the land described in subparagraph (A) to adhere to the policy established pursuant to such subparagraph. (2) Requirements.--Any policy affecting air access to an aircraft landing strip, including the policy established under paragraph (1), shall not take effect unless the policy-- (A) acknowledges that the Administrator has the sole authority to control aviation and airspace over the United States; and (B) was developed after seeking and considering comments from State governments and the public. (c) Maintenance of Airstrips.-- (1) In general.--To ensure that aircraft landing strips are maintained in a manner that is consistent with the resource values of any adjacent area, the Secretary shall consult with-- (A) the head of the aviation department of each State in which an aircraft landing strip is located; and (B) any other interested parties. (2) Cooperative agreements.--The Secretary may enter into cooperative agreements with interested parties for the maintenance of aircraft landing strips. (3) Maintenance standards.--State aircraft landing strip maintenance standards shall be used as the minimum standard when such standards are available. (d) Exchanges or Acquisitions.-- (1) Conditions.--If the Federal Government acquires private or public property on which an aircraft landing strip is located, the acquisition may not require-- (A) the closure or purposeful neglect of the aircraft landing strip; or (B) any other action that would restrict the use of any aircraft landing strip. (2) Availability.--Each private or publicly owned aircraft landing strip acquired by the Federal Government shall be made available to the general public for unrestricted use. (e) Effect on Federal Aviation Administration Authority.--Nothing in this Act may be construed to affect the authority of the Administrator over aviation or airspace.", "summary": "Backcountry Landing Strip Access Act - Prohibits the Secretaries of the Interior or Agriculture from taking any action that would permanently close, restrict, or render or declare unserviceable any aircraft landing strip located on land under their jurisdiction unless: (1) the action has been approved by the head of the aviation department of the state in which the landing strip is located; (2) the Secretary publishes notice of the proposed action and provides for a 90-day public comment thereafter; and (3) the Secretary and appropriate state aviation department head have taken into consideration any comments received. Requires the Secretaries to: (1) establish a nationwide policy for governing backcountry aviation issues relating to the management of federal land under the jurisdiction of the Departments of the Interior and Agriculture; and (2) require officials with jurisdiction over such land to adhere to such policy. Requires private and publicly-owned aircraft landing strips acquired by the government to be made available to the public for unrestricted use."}
{"article": "SECTION 1. ENERGY INNOVATION HUBS. (a) Authorization of Program.-- (1) In general.--The Secretary of Energy shall carry out a program to enhance the Nation's economic, environmental, and energy security by making awards to consortia for establishing and operating Energy Innovation Hubs to conduct and support, whenever practicable at one centralized location, multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies. (2) Technology development focus.--The Secretary shall designate for each Hub a unique advanced energy technology focus. (3) Coordination.--The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of Hubs with those of other Department of Energy research entities, including the National Laboratories, the Advanced Research Projects Agency--Energy, Energy Frontier Research Centers, and within industry. (b) Consortia.-- (1) Eligibility.--To be eligible to receive an award under this section for the establishment and operation of a Hub, a consortium shall-- (A) be composed of no fewer than 2 qualifying entities; and (B) operate subject to an agreement entered into by its members that documents-- (i) the proposed partnership agreement, including the governance and management structure of the Hub; (ii) measures to enable cost-effective implementation of the program under this section; (iii) a proposed budget, including financial contributions from non-Federal sources; (iv) a plan for managing intellectual property rights; and (v) an accounting structure that enables the Secretary to ensure that the consortium has complied with the requirements of this section. (2) Application.--A consortium seeking to establish and operate a Hub under this section, acting through a prime applicant, shall transmit to the Secretary an application at such time, in such form, and accompanied by such information as the Secretary shall require, including a detailed description of the elements of the consortium agreement required under paragraph (1)(B). If the consortium members will not be located at one centralized location, such application shall include a communications plan that ensures close coordination and integration of the Hub's activities. (c) Selection and Schedule.--The Secretary shall select consortia for awards for the establishment and operation of Hubs through competitive selection processes. In selecting consortia, the Secretary shall consider the information a consortium must disclose according to subsection (b), as well as any existing facilities a consortium will provide for Hub activities. Awards made to a Hub shall be for a period not to exceed 5 years, after which the award may be renewed, subject to a rigorous merit review. A Hub already in existence on the date of enactment of this Act may continue to receive support for a period of 5 years beginning on the date of establishment of that Hub. (d) Hub Operations.-- (1) In general.--Each Hub shall conduct or provide for multidisciplinary, collaborative research, development, demonstration, and, where appropriate, commercial application of advanced energy technologies within the technology development focus designated under subsection (a)(2). Each Hub shall-- (A) encourage collaboration and communication among the member qualifying entities of the consortium and awardees by conducting activities whenever practicable at one centralized location; (B) develop and publish on the Department of Energy's website proposed plans and programs; (C) submit an annual report to the Secretary summarizing the Hub's activities, including detailing organizational expenditures, and describing each project undertaken by the Hub; and (D) monitor project implementation and coordination. (2) Conflicts of interest.-- (A) Procedures.--Hubs shall maintain conflict of interest procedures, consistent with those of the Department of Energy, to ensure that employees and consortia designees for Hub activities who are in decisionmaking capacities disclose all material conflicts of interest and avoid such conflicts. (B) Disqualification and revocation.--The Secretary may disqualify an application or revoke funds distributed to a Hub if the Secretary discovers a failure to comply with conflict of interest procedures established under subparagraph (A). (3) Prohibition on construction.-- (A) In general.--No funds provided pursuant to this section may be used for construction of new buildings or facilities for Hubs. Construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost-sharing agreement. (B) Test bed and renovation exception.--Nothing in this subsection shall prohibit the use of funds provided pursuant to this section, or non-Federal cost share funds, for research or for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research if the Secretary determines that the test bed or renovations are limited to a scope and scale necessary for the research to be conducted. (e) Termination.--Consistent with the existing authorities of the Department, the Secretary may terminate an underperforming Hub for cause during the performance period. (f) Definitions.--For purposes of this section: (1) Advanced energy technology.--The term ``advanced energy technology'' means-- (A) an innovative technology-- (i) that produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or other renewable energy resources; (ii) that produces nuclear energy; (iii) for carbon capture and sequestration; (iv) that enables advanced vehicles, vehicle components, and related technologies that result in significant energy savings; (v) that generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies, including through Smart Grid technologies; or (vi) that enhances the energy independence and security of the United States by enabling improved or expanded supply and production of domestic energy resources, including coal, oil, and natural gas; (B) research, development, demonstration, and commercial application activities necessary to ensure the long-term, secure, and sustainable supply of energy critical elements; or (C) another innovative energy technology area identified by the Secretary. (2) Energy critical element.--The term ``energy critical element'' means any of a class of chemical elements that have a high risk of a supply disruption and are critical to one or more new, energy-related technologies such that a shortage of such element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy. (3) Hub.--The term ``Hub'' means an Energy Innovation Hub established or operating in accordance with this section, including any Energy Innovation Hub existing as of the date of enactment of this Act. (4) Qualifying entity.--The term ``qualifying entity'' means-- (A) an institution of higher education; (B) an appropriate State or Federal entity, including the Department of Energy Federally Funded Research and Development Centers; (C) a nongovernmental organization with expertise in advanced energy technology research, development, demonstration, or commercial application; or (D) any other relevant entity the Secretary considers appropriate.", "summary": "This bill requires the Department of Energy (DOE) to carry out a grant program to enhance the nation's economic, environmental, and energy security by making awards to consortia for establishing and operating Energy Innovation Hubs to conduct and support multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies. Advanced energy technologies are innovative technologies or research, development, demonstration, and commercial application activities necessary to ensure the long-term, secure, and sustainable supply of energy critical elements. These elements have a high risk of a supply disruption and are critical to new, energy-related technologies in that a shortage of the element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy. Examples of advanced energy technology include an innovative technology that: produces energy from renewable energy resources; produces nuclear energy; includes carbon capture and sequestration; enables advanced vehicles, vehicle components, and related technologies that result in significant energy savings; generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies; and enhances the energy independence and security of the United States by enabling improved or expanded supply and production of domestic energy resources. DOE must designate a unique advanced energy technology focus for each hub. Grants may not be used for constructing new buildings or facilities for hubs. Further, construction of new buildings or facilities may not be considered as part of the non-federal share of a hub cost-sharing agreement. Grants and non-federal cost share funds may be used for research or for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Pain Research Act of 1996''. SEC. 2. NATIONAL CENTER FOR PAIN RESEARCH. (a) Establishment.--Section 401(b)(2) of the Public Health Service Act (42 U.S.C. 281(b)(2)) is amended by adding at the end thereof the following new subparagraph: ``(F) The National Center for Pain Research.''. (b) Operation.--Part E of title IV (42 U.S.C. 287 et seq.) is amended by adding at the end thereof the following new subpart: ``Subpart 5--National Center for Pain Research ``SEC. 485E. ESTABLISHMENT AND PURPOSE OF THE CENTER. ``(a) Establishment.--The Secretary shall establish within the National Institutes of Health, a center to be known as the National Center for Pain Research (hereafter referred to in this subpart as the `Center'). The Center shall be headed by a Director (hereafter referred to in this subpart as the `Director') who shall be appointed by the Director of NIH, after consultation with experts in the fields of pain research and treatment representing the disciplines designated in subsection (b)(3), and have the powers described in section 405. ``(b) General Purpose.--The general purpose of the National Center for Pain Research is-- ``(1) to improve the quality of life of individuals suffering from pain by fostering of clinical and basic science research into the causes of and effective treatments for pain; ``(2) to establish a national agenda for conducting and supporting pain research in the specific categories described in subparagraphs (A), (B), (C), and (D) of paragraph (3); ``(3) to identify, coordinate and support research, training, health information dissemination and related activities with respect to-- ``(A) acute pain; ``(B) cancer and HIV-related pain; ``(C) back pain, headache pain, and facial pain; and ``(D) other painful conditions; including the biology of pain, the development of new and the refinement of existing pain treatments, the delivery of pain treatment through the health care system and the coordination of interdisciplinary pain management, that should be conducted or supported by the National Institutes of Health; ``(4) to conduct and support pain research, training, education and related activities that have been identified as requiring additional, special priority as determined appropriate by the Director of the Center and the advisory council established under subsection (c); ``(5) to coordinate all pain research, training, and related activities being carried out among and within the National Institutes of Health; ``(6) to initiate a comprehensive program of collaborative interdisciplinary research among schools, colleges and universities, including colleges of medicine and osteopathy, colleges of nursing, colleges of chiropractic who are members of the Association of Chiropractic Colleges, schools of dentistry, schools of physical therapy, schools of occupational therapy, and schools of clinical psychology, comprehensive health care centers, and specialized centers of pain research and treatment; and ``(7) to promote the sufficient allocation of the resources of the National Institutes of Health for conducting and supporting pain research in the specific categories described in subparagraphs (A), (B), (C), and (D) of paragraph (3). ``(c) Advisory Council.-- ``(1) In general.--The National Pain Research Center Advisory Board shall be the advisory council for the Center. Section 406 applies to the advisory council established under this paragraph, except that-- ``(A) the members of the advisory council shall include representatives of the broad range of health and scientific disciplines involved in research and treatment related to those categories of pain described in subsection (b)(2), and shall include an equal number of representatives of physicians who practice pain management, clinical psychologists, individuals who provide physical medicine and rehabilitative services (including physical therapy and occupational therapy), nurses, dentists, and chiropractic health care professionals; ``(B) the nonvoting ex officio members shall include-- ``(i) the Director of the National Cancer Institute; ``(ii) the Director of the National Institute of Dental Research; ``(iii) the Director of the National Institute of Child Health and Human Development; ``(iv) the Director of the National Institute of Nursing Research; ``(v) the Director of the National Institute of Allergy and Infectious Diseases; ``(vi) the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases; ``(vii) the Director of the National Institute of Neurological Disorders and Stroke; ``(viii) the Director of the National Institute on Drug Abuse; and ``(ix) the Director of the National Institute on Disability and Rehabilitation Research of the Department of Education; and ``(3) the council shall meet at least two times each fiscal year. ``(2) Duties.--The advisory council shall advise, assist, consult with and make recommendations to the Director of the Center concerning matters relating to the coordination, research, training, education, and related general purposes set forth in sub section (b), including policy recommendations with regard to grants, contracts, and the operations of the Center. ``(d) Establishment of Regional Pain Research Centers.-- ``(1) Establishment.--To facilitate and enhance the research, training, education, and related activities to be carried out by the Center, the Director of the Center, in consultation with the advisory council established under subsection (c), shall establish not less than six regional pain research centers. ``(2) Focus and distribution.-- ``(A) Focus.--The regional centers established under paragraph (1) shall have as their primary focus one of the categories of pain described in subparagraphs (A), (B), (C), and (D) of subsection (b)(3). ``(B) Distribution.--One regional pain research center shall be established in each of the following six regions of the United States as defined by the Secretary: ``(A) The northeast region. ``(B) The southeast region. ``(C) The midwest region. ``(D) The southwest region. ``(E) The west region, including Hawaii. ``(F) The Pacific Northwest region, including Alaska. ``(2) Use of technology.--The regional centers established under paragraph (1) shall be a part of the Center and shall be interconnected to the Center headquarters through the utilization of distance learning technologies, satellites, fiber optic links, or other telecommunications and computer systems, to allow for the interactive exchange of information, research data, findings, training programs, educational programs, and other Center research and related initiatives. ``(3) Initial regional centers.--The initial regional centers shall be selected through a competitive process from among institutions and centers of the type described in subsection (b)(6). ``(e) Authorization of Appropriations.-- ``(1) In general.--For the purposes of carrying out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 1997, 1998, and 1999, and such sums as may be necessary for fiscal year 2000. ``(2) Regional centers.--Of the amount appropriated under paragraph (1) for fiscal year 1998 and each subsequent fiscal year, not less than $1,000,000 shall be made available to each of the regional centers established under subsection (d). ``(3) Report to congress.--Not later than January 1, 1998, and each January 1, thereafter, the Director of the Center shall prepare and submit to the committees of Congress a report concerning the total amount of funds expended to support for pain-related research in for the year for which the report was prepared.''.", "summary": "National Center for Pain Research Act of 1996 - Amends the Public Health Service Act to establish, in the National Institutes of Health, the National Center for Pain Research. Makes the National Pain Research Center Advisory Board the advisory council for the Center. Mandates establishment of not less than six regional pain research centers. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Recovery Adjustment Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) the deterioration of financial firms in 2008 and the resulting crisis of confidence in the financial markets have required broad intervention by the Federal Government in the financial sector; (2) the Emergency Economic Stabilization Act of 2008, signed by President Bush on October 3, 2008, included a $700,000,000,000 Troubled Asset Relief Program (or ``TARP'') for the express purpose of ``providing stability to and preventing disruption in the economy and financial system''; (3) the investment and commercial banks and other financial institutions that have received taxpayer-funded bailouts perform public functions supporting the operation of the economy, in addition to their private profit-making functions; (4) reports of billions of dollars in compensation and obligations to executives have eroded public confidence in the TARP, and have caused increasing opposition to other bailout proposals, thereby impeding the Government's ability to address the financial crisis; (5) participation in the TARP and any other Federal Government bailout program should be conditioned on a fair restructuring of executive compensation obligations; (6) taxpayer dollars should not support unreasonable compensation to executives, particularly when in the absence of taxpayer support, such compensation would be reduced as part of a bankruptcy restructuring or liquidation; and (7) establishing a due process forum will allow the Government to ensure that executive compensation relying on taxpayer funds is fair and reasonable, and that all sides enjoy an opportunity to be heard. SEC. 3. DEFINITIONS. In this Act, the following definitions shall apply: (1) Assisted entity.--The term ``assisted entity'' means any recipient or applicant for assistance under the TARP. (2) Panel.--The term ``Panel'' means the Temporary Economic Recovery Oversight Panel established under section 7. (3) Executive compensation.--The term ``executive compensation'' means wages, salary, deferred compensation, benefits, retirement arrangements, options, bonuses, office fixtures, goods, or other property, travel, or entertainment, vacation expenses, and any other form of compensation, obligation, or expense that is not routinely provided to all other employees of the assisted entity. (4) Office.--The term ``Office'' means the Office of the Taxpayer Advocate, established under section 4. (5) TARP.--The terms ``TARP'' and ``TARP funds'' mean the Troubled Asset Relief Program established under section 101 of the Emergency Economic Stabilization Act of 2008 and funds received thereunder, respectively, or pursuant to any successor program. (6) Secretary.--The term ``Secretary'' means Secretary of the Treasury. SEC. 4. TAXPAYER ADVOCATE. (a) Establishment.--There is established within the Department of Justice, the Office of the Taxpayer Advocate. (b) Advocate.--The Office shall be headed by an Advocate, to be appointed by the Attorney General of the United States for such purpose. (c) Duties.--The Advocate is authorized to conduct ongoing audits and oversight of the recipients of TARP funds with respect to compensation of the officers and directors of such entities. (d) Access to Records.-- (1) In general.--To the extent otherwise consistent with law, the Advocate and the Office shall have access, upon request, to any information, data, schedules, books, accounts, financial records, reports, files, electronic communications, or other papers, things, or property belonging to or in use by the assisted entity and to the officers, directors, employees, independent public accountants, financial advisors, and other agents and representatives thereof (as related to the agent or representative's activities on behalf of or under the authority of the assisted entity) at such reasonable time as Office may request. (2) Copies.--The Advocate may make and retain copies of such books, accounts, and other records as the Advocate deems appropriate for the purposes of this Act. (e) Reporting.--The Advocate shall submit quarterly reports of findings under this Act to the appropriate committees of Congress, the Secretary and the Special Inspector General for the TARP established under the Emergency Economic Stabilization Act of 2008 on the activities and performance of the Office. (f) Audits.--The Office is authorized to conduct an audit of any assisted entity for purposes of this Act. SEC. 5. POWERS OF THE OFFICE. (a) Investigations and Evidence.--The Office may, for purposes of carrying out this Act-- (1) take depositions or other testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. (b) Subpoenas.-- (1) Service.--Subpoenas issued under subsection (a)(2) may be served by any person designated by the Office. (2) Enforcement.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (B) Additional enforcement.--Sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under the authority of this section. (c) Information From Federal Agencies.--The Office may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Office conducted under this Act. Each such department, agency, or instrumentality shall, to the extent authorized by law, furnish such information directly to the Office, upon request. SEC. 6. EXECUTIVE COMPENSATION AUTHORITY. (a) Negotiated Reductions Authorized.--The Advocate is authorized to assist the Secretary in the negotiation of assistance under the TARP, in order to assure that fair and reasonable executive compensation is paid by entities receiving TARP funds, and to defend any such agreements in the event of any challenge to the adjustments to compensation obligations. If, after an audit authorized by this Act, the Advocate finds reason to believe that any assisted entity would have become insolvent if not for the receipt of assistance under the TARP, the Advocate shall negotiate a reduction in the executive compensation obligations of the assisted entity as a condition of the continuing use or future receipt of such TARP assistance. (b) Form.--Negotiated reductions in compensation under subsection (a)-- (1) may include vested deferred compensation; and (2) shall be in an amount that is fair and reasonable in light of the taxpayers' assistance, but not less than the estimated value of the compensation obligations that would face the estate or debtor-in-possession if the TARP funds had not been granted and the entity had filed for bankruptcy protection. (c) Certification to Adjustment Panel.--The Advocate shall certify the findings of the Office under this section to the Panel. SEC. 7. TEMPORARY ECONOMIC RECOVERY OVERSIGHT PANEL. (a) Establishment.--There is established the Temporary Economic Recovery Oversight Panel. (b) Makeup of Panel.--The Panel shall be comprised of 5 members, appointed by the President for such purpose from among United States bankruptcy court judges. The Secretary shall provide for appropriate space and staff to support the functioning of the Panel. (c) Duties.--The Panel shall-- (1) promptly evaluate each proposed settlement reached under section 6; (2) approve or deny such proposed settlement; and (3) if no settlement is reached under section 6, upon petition of the Advocate or any individual subject to the actions of the Advocate under section 6, issue an order establishing an executive compensation program for such individuals in accordance with this section. (d) Notice and Hearing Required.--The Advocate shall provide adequate notice to all affected persons of its intention to seek an order from the Panel in accordance with this section, and the Panel shall hold an evidentiary hearing on any proposed settlement or petition of the Advocate. (e) Standing.--Under any proceeding before the Panel, any individual whose compensation might be adversely affected by Panel action shall be a party in interest, having full procedural rights, including the right to challenge a settlement between the assisted entity and the Advocate, to challenge the certified findings of the Advocate, or to appeal any order of the Panel. (f) Appeals.--The Advocate and any party having standing before the Panel shall have the right to appeal an order under this Act directly to the United States Court of Appeals for the District of Columbia Circuit. (g) Effective Period.--Any order of the Panel setting forth a reduction in compensation shall be effective 6 months after confirmation, and shall remain in effect while any obligation arising from assistance provided under the TARP remains outstanding.", "summary": "Economic Recovery Adjustment Act of 2009 - Establishes within the Department of Justice the Office of the Taxpayer Advocate to conduct audits and oversight of the compensation of the officers and directors of entities assisted under the Troubled Asset Relief Program (TARP). Authorizes the Advocate to assist the Secretary of the Treasury in the negotiation of TARP assistance in order to: (1) assure that fair and reasonable executive compensation is paid by entities receiving TARP funds; and (2) defend such agreements in the event of any challenge to the adjustments to compensation obligations. States that negotiated reductions in compensation under this Act: (1) may include vested deferred compensation; and (2) shall be in an amount that is fair and reasonable in light of the taxpayers' assistance, but not less than the estimated value of the compensation obligations that would face the estate or debtor-in-possession if the TARP funds had not been granted, and the entity had filed for bankruptcy protection. Requires the Advocate to negotiate a reduction in executive compensation obligations as a prerequisite to TARP assistance if, after an audit, the Advocate finds reason to believe that the assisted entity would have become insolvent if not for the receipt of TARP assistance. Establishes the Temporary Economic Recovery Oversight Panel to: (1) either approve or deny a proposed settlement; or (2) upon petition of the Advocate (or of any individual subject to the Advocate's actions), issue an order establishing an executive compensation program if no settlement is reached."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Challenge Demonstration Project Act of 2007''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) adapt the lessons of foreign aid to underdeveloped economies, such as the experience of the Millennium Challenge Corporation, to the provision of Federal economic development assistance to similarly situated remote Native American communities; (2) provide Federal economic development assistance for Native communities through the Native American Challenge Demonstration Project; (3) administer Federal economic development assistance in a manner that promotes economic growth and the elimination of poverty and strengthens good governance, entrepreneurship, and investment in Native communities; (4) improve the effectiveness of Federal economic development assistance by encouraging the integration and coordination of such assistance in Native American communities; (5) promote sustainable economic growth and poverty reduction policies in Native American communities in a manner that promotes self-determination and self-sufficiency among remote Native American communities while preserving their cultural values; and (6) establish a demonstration project which, if successful, may be broadly applied to other Native American communities in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term `` eligible entity'' means-- (A) the Association of Village Council Presidents, the Bristol Bay Native Association, and the Alaska Federation of Natives applying jointly; (B) in the State of Hawaii, a consortia of local Native Hawaiian community organizations to be determined by the Secretary in consultation with the Secretary of Interior and the Office of Hawaiian Affairs; and (C) in the contiguous states, up to three organizations to be determined by the Secretary in consultation with the Secretary of the Interior, which organizations may be Indian tribes, consortia of Indian tribes, or nongovernmental entities authorized by one or more Indian tribes. (2) Compact.--The term ``compact'' means a binding agreement with the United States pursuant to this Act. (3) Economic development strategy of the eligible entity.-- The term ``economic development strategy of the eligible entity'' means a strategy written by the eligible entity and designed to achieve sustainable economic growth and reduce poverty over a defined period, developed in consultation with public and private sector entities as appropriate to the geographic area and intended beneficiaries of the compact. (4) Indian tribe.--The term ``Indian tribe'' shall have the meaning given the term in section 4(e) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450 et seq.). (5) Renewal.--The term ``renewal'' means the negotiated extension of a compact. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce, Office of the Secretary. SEC. 4. NATIVE AMERICAN MILLENNIUM CHALLENGE DEMONSTRATION PROJECT. (a) Establishment.--The Secretary shall establish and implement a demonstration project in the Department of Commerce. (b) Authorization of Assistance.--The Secretary may provide assistance under this section to an eligible entity that enters a compact with the United States pursuant to this Act. (c) Form of Assistance.--Assistance under this section-- (1) shall be provided in the form of funding agreements established by the compacts; (2) may not be provided in the form of loans; and (3) may not be used for gaming activities pursuant to the Indian Gaming Regulatory Act (25 USC 2701 et seq.). (d) Coordination.-- (1) In general.--The provision of assistance under this section shall be coordinated with other Federal economic development assistance programs for Native Americans. (2) Integrated funding.--The Secretary, in cooperation with other Secretaries as appropriate, shall, upon execution of a compact with an eligible entity, authorize the eligible entity to coordinate its federally funded economic development assistance programs in a manner that integrates the program services into a single, coordinated program. (3) Agencies and departments.--The Federal agencies and departments administering economic development assistance programs for Native Americans are the following: (A) Department of Agriculture. (B) Department of Commerce. (C) Department of Energy. (D) Department of Health and Human Services. (E) Department of Housing and Urban Development. (F) Department of the Interior. (G) Small Business Administration. (H) Such other Federal agencies and instrumentalities as the Secretary determines appropriate. (e) Programs Affected.--The programs that may be integrated pursuant to this Act shall include any program under which an Indian tribe is eligible for receipt of funds under a statutory or administrative formula for economic development purposes. (f) Waiver Authority.--Upon receipt of the executed compact, the Secretary shall consult with the eligible entity and the Secretary of each Federal agency or department providing funds to be used to implement the compact in order to identify any waivers of statutory requirements or applicable regulations, policies, or procedures necessary to enable the eligible entity to implement its compact. SEC. 5. NATIVE AMERICAN CHALLENGE COMPACTS. (a) Compacts.--The Secretary shall develop and recommend procedures for considering proposals for compacts submitted by eligible entities. The Secretary may provide assistance to an eligible entity only if the eligible entity enters into an agreement with the United States, to be known as a ``Native American Challenge Compact'', that establishes a multi-year plan for achieving development objectives in furtherance of the purposes of this Act. (b) Eligible Entities-Criteria for Selection.--The Secretary shall develop an application process and criteria for selecting the eligible entities, taking into account-- (1) the purposes of this Act; (2) the economic development strategy of the eligible entity; (3) the remoteness of the reservation or community to be served; (4) its general economic status; (5) poverty rates; and (6) the capacity of the applicant. (c) Assistance for Development of a Compact.--To the extent that funds have been appropriated in advance and are available for this section, the Secretary may enter into contracts with or make grants to any eligible entity for the purposes of facilitating the development and implementation of a compact between the United States and the eligible entity. (d) Duration and Extension.--The term of an initial compact may not exceed five years. An eligible entity and the United States may enter into one or more subsequent compacts in accordance with the requirements of this Act. If a compact is nearing its expiration or has expired, the eligible entity and the United States may renegotiate or extend the compact for as many periods as the parties agree, with each period not exceeding 10 years. (e) Application.--The Secretary shall develop and recommend procedures for considering proposals for compacts submitted by eligible entities. (f) Elements.--In furtherance of the economic development strategy of the eligible entity, the compact shall contain-- (1) a description of the specific objectives for sustainable economic development and the reduction of poverty that the eligible entity and the United States expect to achieve during the term of the compact; (2) a description of the respective roles and responsibilities of the eligible entity and the United States in the achievement of such objectives; (3) a list and description of regular benchmarks to measure progress toward achieving such objectives; (4) an identification of the intended beneficiaries, disaggregated by income level, gender, and age, to the maximum extent practical; and (5) a multi-year financial plan to guide the implementation of the compact, including the estimated level of funding and other contributions by the United States and the eligible entity, proposed mechanisms to execute the plan, and periodic assessments to determine whether the requirements of subparagraphs (1) through (4) are being met. (g) Suspension and Termination of Assistance.-- (1) In general.--The Secretary may suspend or terminate assistance in whole or in part for an entity that has entered a compact with the United States if the Secretary determines that-- (A) the entity has failed to adhere to its responsibilities under the compact, or (B) the entity has engaged in a pattern of actions inconsistent with the purposes of this Act. (h) Reinstatement.--The Secretary may reinstate assistance for an entity only if the Secretary determines that the entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under subsection (f). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2008 through 2012. Any funds authorized but not appropriated may be appropriated in subsequent fiscal years, provided that the cumulative level of funds authorized to be appropriated for Fiscal Year 2008 through 2012 shall not exceed $100,000,000. Sums appropriated under this section shall remain available until expended. (b) Administrative Funds.--Of the funds made available by this Act, no more than 5 percent may be used by the Secretary for administrative expenses and program oversight. SEC. 7. PROGRAM ASSESSMENTS AND REPORTS. (a) Reports of Eligible Entities.--Not later than March 15, 2008, and annually thereafter, each the eligible entity shall prepare and submit to the Secretary a written report regarding the assistance provided under this Act during the previous fiscal year. (b) Report Contents.--A report required under subsection (a) shall include the following: (1) The amount of obligations and expenditures for assistance provided during the prior fiscal year. (2) A description of the programs and activities conducted by the entity in furtherance of its economic development strategy and the purposes of this Act. (3) An assessment of the effectiveness of the assistance provided and progress made by the entity toward achieving its economic development strategy and the purposes of this Act. (4) Other information the eligible entity considers relevant considering the purposes of this Act. (c) Transmittal to Congress.--Not later than May 15, 2008, and annually thereafter, the Secretary shall transmit reports required under subsection (a), with such other information the Secretary considers relevant, to the Committee on Energy and Commerce and the Committee on Natural Resources in the House of Representatives, and the Committee on Indian Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Energy and Natural Resources in the Senate.", "summary": "Native American Challenge Demonstration Project Act of 2007 - Directs the Secretary of Commerce to establish and implement the Native American Challenge Demonstration Project through which federal economic development assistance may be provided for certain Native American communities. Authorizes the Secretary to provide such assistance to eligible entities that enter into Native American Challenge Compacts with the United States pursuant to this Act. Requires that Compacts establish a multi-year plan for achieving development objectives in furthering the purposes of this Act, including to adapt the lessons of foreign aid to underdeveloped economies to the provision of federal economic development assistance to similarly situated remote Native American communities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Civic Justice Corps Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to develop, implement, and expand educational and work experience opportunities for court-involved, previously incarcerated, and otherwise disadvantaged youth and young adults through service and conservation corps and other community-based service organizations. SEC. 3. FINDINGS. The Congress finds as follows: (1) On any given day, more than 500,000 juvenile court cases in the United States end in incarceration or probation. (2) The per diem cost of locking up one young person in a juvenile facility ranges from $24 in Wyoming to $726 in Connecticut, but the American Correctional Association estimates that, on average, it costs States $240.99 per day, or around $88,000 a year, for every young person in a juvenile facility. (3) States spend nearly $6,000,000,000 a year incarcerating youth. (4) Youth who are imprisoned are up to 50 percent more likely to recidivate than their counterparts who remain in their communities. (5) Nearly 70 percent of youth in residential facilities have been adjudicated for nonviolent offenses and could be safely managed within their communities. (6) The most effective programs at reducing recidivism rates and promoting positive life outcomes for youth are administered within communities, outside of the criminal juvenile justice system. (7) In the United States there are more than 150 service and conservation corps, the direct descendants of the Civilian Conservation Corps of the 1930s, that operate in all 50 States, provide educational and economic opportunities to more than 30,000 young people each year, and make important contributions in the communities in which they are located. (8) The Civic Justice Corps Model, developed by The Corps Network in conjunction with the Gates and Open Society Foundations, utilizes community service projects to deliver life skills, education, workforce readiness, and supportive and transitional services to formerly incarcerated and court- involved youth and young adults between the ages of 16 and 25. (9) Data from 14 original Civic Justice Corps sites demonstrate 80 percent post-program participant placement rates and 11 percent recidivism rates among program participants (as opposed to the prevailing recidivism rate of 50 to 70 percent). SEC. 4. DEFINITIONS. In this Act: (1) Civic justice corps model.--The term ``Civic Justice Corps Model'' refers to programs that-- (A) intentionally recruit and primarily enroll as participants in the program court-involved, previously incarcerated, and otherwise disadvantaged youth and young adults between the ages of 16 and 25; (B) provide such participants with educational programming and support designed to lead to a high school diploma or its recognized equivalent; (C) provide such participants with assessment, career planning, workforce readiness, and service or work experience designed to lead to unsubsidized employment, enrollment in postsecondary education or an apprenticeship program, the obtainment of an industry- recognized credential, or some other type of career pathway program, including military service; (D) demonstrate relationships with local criminal, juvenile justice, and other social service agencies and provide a range of supportive and transitional services to participants; (E) engage participants in relevant, necessary, and team-based community service projects designed to instill life and jobs skills and long-term civic engagement; (F) demonstrate relationships with local boards (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) and local employers and can provide participants with appropriate post-program placements; (G) require participants to be enrolled in the program for not less than 6 months, and provide participants with at least 12 months of post-program support and services; (H) collect post-program data for at least the 12 months after such participants complete the program; and (I) have in place a plan for sustaining the program after the expiration of the grant. (2) Local subgrantee.--The term ``local subgrantee'' refers to a service and conservation corps or other community-based service organization that-- (A) has been competitively selected by a national intermediary to carry out a Civic Justice Corps program that implements the Civic Justice Corps Model; and (B) demonstrates-- (i) a local need for a Civic Justice Corps program; (ii) the ability to recruit and enroll court-involved, previously incarcerated, and otherwise disadvantaged youth and young adults between the ages of 16 and 25; (iii) the ability to provide the education, workforce development, service and work experience, and supportive and follow-up services described in paragraph (1); (iv) relationships with local criminal, juvenile justice, and social service agencies; (v) relationships with local boards (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) and employers and the ability to place participants upon program completion; (vi) the ability to collect data and report on the performance measures described in section 6(b); and (vii) a plan to sustain the Civic Justice Corps program after the expiration of the subgrant. (3) National intermediary.--The term ``national intermediary'' means a national nonprofit organization that-- (A) has experience in developing and administering programs that utilize community service to deliver education and work experience to court-involved, formerly incarcerated, and otherwise disadvantaged youth; (B) demonstrates an ability to administer a competitive subgrant process that will result in the selection of no less than nine geographically diverse local subgrantees to carry out Civil Justice Corps programs that implement the Civic Justice Corps Model; (C) demonstrates an ability to provide training and technical assistance to subgrantees; and (D) has the ability to collect information from the subgrantees on the performance measures described in section 6(b) and report such information to the Attorney General on an annual basis. (4) Service and conservation corps.--The term ``service and conservation corps'' means any State or local service or conservation corps, including a service or conservation corps carried out under the national service laws. SEC. 5. CIVIC JUSTICE CORPS GRANTS. (a) In General.--The Attorney General shall award grants to one or more national intermediaries to develop, implement, and collect data from Civic Justice Corps programs administered by no fewer than nine local subgrantees in diverse geographic locations. (b) Grant and Subgrant Periods.--Each grant awarded to a national intermediary, and each subgrant awarded to a local subgrantee, under this section shall be for a period of 3 years. (c) Use of Grant Funds.-- (1) In general.--Each national intermediary receiving a grant under this section shall make at least nine subgrants to local subgrantees to carry out Civil Justice Corps programs that implement the Civil Justice Corps Model described in section 4(1) with the funds provided under such subgrant. (2) Reservation.--Each national intermediary receiving a grant under this section shall reserve-- (A) not less than 90 percent for subgrants to local subgrantees; and (B) not more than 10 percent for training and technical assistance to, and data collection from, such local subgrantees. (d) Use of Subgrants.--An entity receiving a subgrant under this section shall use the funds made available through such subgrant to carry out a Civic Justice Corps program that implements the Civic Justice Corps Model. Such program shall include the provision of educational programming and support to participants, which may include-- (1) basic instruction and remedial education; (2) language instruction for individuals with limited English proficiency; (3) secondary education services and activities, including drop-out prevention, tutoring, and other activities; (4) preparation for and access to postsecondary education opportunities, including counseling and assistance with applying for student financial aid; (5) work readiness training, which may include-- (A) development of basic skills, such as-- (i) arriving on time to work; (ii) being prepared to work; (iii) working independently; (iv) working with others; (v) working safely; and (vi) demonstrating a commitment to produce high quality work; (B) development of job-specific occupational skills and on-the-job training; and (C) assessment of skills, career counseling, and job search assistance; and (6) development and monitoring of individual education and career plans. SEC. 6. REPORTS. (a) Annual Reports to the Attorney General.--Each national intermediary receiving a grant under this Act shall submit a report annually to the Attorney General at such time, in such manner, and providing such information as the Attorney General may require, including information on the performance measures reported by subgrantees in accordance with subsection (b). (b) Subgrantee Reports on Performance Measures.--Each entity receiving a subgrant under this section shall annually report to the national intermediary that awarded such subgrant on the following performance measures of participant progress: (1) The obtainment of a high school diploma, a recognized equivalent, or some other industry-recognized credential. (2) Post-program placement for each participant in one of the following, and total post-program placement rates for each of the following: (A) Unsubsidized employment. (B) Postsecondary education. (C) A registered apprenticeship or further job training. (D) A career pathway program, including military service. (3) Post-program recidivism rates. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this section $20,000,000 for each of the fiscal years 2012 through 2018.", "summary": "Civic Justice Corps Act of 2011 - Directs the Attorney General to award three-year Civic Justice Corps grants to national nonprofit organizations (national intermediaries) that have experience in developing and administering programs to deliver education and work experience to court-involved, formerly incarcerated, and otherwise disadvantaged youth and young adults between the ages of 16 and 25. Requires such organizations to develop, implement, and collect data from Civic Justice Corps programs administered by at least nine local subgrantees in diverse geographic locations. Requires national intermediaries and subgrantees to submit annual reports on performance measures of participant progress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Flexibility Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) historically, Federal education programs have addressed the Nation's most pressing educational problems by providing categorical assistance with detailed requirements relating to the use of funds; (2) while the approach described in paragraph (1) has proven generally successful, some program requirements may inadvertently impede educational achievement; (3) the Nation's schools are being asked to deal effectively with increasingly diverse educational needs that current program structures may not be flexible enough to address; and (4) in an era when educational change and reform must prevail, it is more important than ever to provide programs that-- (A) result in improved educational outcomes for all students; (B) promote the coordination of education and related services that benefit children and their families; (C) respond flexibly to the needs of a diverse student population; (D) stop the proliferation of unnecessary Federal, State, and local regulation; and (E) place less emphasis on measuring resources and reviewing procedures and more emphasis on achieving program results. (b) Purpose.--It is the purpose of this Act to establish a national program which-- (1) promotes educational reform that leads to improved educational outcomes for participants in affected programs; (2) holds accountable the schools and other recipients of Federal funds for achieving specific educational goals in exchange for increased flexibility in the use of their resources; and (3) enables school and program administrators, teachers, parents, local educational agencies, and community groups to work together to develop effective education programs that meet the needs of all participants, particularly those who are disadvantaged. SEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED SERVICES. Subpart 1 of part C of the General Education Provisions Act (20 U.S.C. 1221 et seq.) is amended by adding after section 421A the following new section: ``SEC. 421B. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED SERVICES. ``(a) Program Authorized.-- ``(1) In general.--(A) The Secretary, in accordance with this section, shall assist elementary and secondary schools and other service providers to improve the achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers for States to enable such States to conduct projects to improve the performance of schools and programs by increasing their flexibility in the use of their resources while holding them accountable for achieving educational gains. ``(B)(i) In support of these projects, the Secretary is authorized to waive any statutory or regulatory requirement (except as provided in subsection (e)) applicable to a program described in clause (ii) that the Secretary determines may impede the ability of a school or other service provider to meet the special needs of such students and other individuals in the most effective manner possible. The head of any other Federal agency is similarly authorized to waive such requirements (except as provided in subsection (e)) applicable to an elementary, secondary, or youth vocational training program described in clause (ii) and administered by such agency if the head of such agency and the Secretary agree that such a waiver would promote the purpose of this section. ``(ii) The Secretary shall only waive a statutory or regulatory requirement applicable to a program under-- ``(I) chapter 1 of title I of the Elementary and Secondary Education Act of 1965; ``(II) chapter 2 of title I of the Elementary and Secondary Education Act of 1965; ``(III) the Dwight D. Eisenhower Mathematics and Science Education Act; ``(IV) the Follow Through Act; ``(V) subtitle B of title VII of the Stewart B. McKinney Homeless Assistance Act; ``(VI) the Carl D. Perkins Vocational and Applied Technology Education Act, except part H of title III and funds allocated by States under section 232 of such Act; ``(VII) the Jacob K. Javits Gifted and Talented Students Education Act of 1988; ``(VIII) the Drug-Free Schools and Communities Act of 1986; and ``(IX) the Alcohol and Drug Abuse Education Act. ``(2) Project duration.--Projects assisted under this section, and any waivers associated with such projects, shall last not longer than 3 years, except that the Secretary may extend a project and any associated waivers for an additional 2 years if the Secretary determines that the project is making substantial progress in meeting its goals. ``(3) Termination.--The Secretary shall terminate a project and its associated waivers if the Secretary, at any time, determines it is not making acceptable progress toward meeting its goals. The head of any other Federal agency who has granted waivers under this section shall determine whether to extend or terminate those waivers, but the Secretary shall have exclusive authority to extend or terminate the project. ``(b) Eligibility.-- ``(1) In general.--(A) The Secretary shall only assist a project under this section in a State which has demonstrated to the satisfaction of the Secretary that the State has implemented a comprehensive regulatory reform plan at least 2 years prior to the date on which the State transmits approved applications pursuant to subsection (c)(2). ``(B) For the purposes of this section, the term `comprehensive regulatory reform plan' means a plan developed by a State that offers local educational agencies within such State waivers of certain State statutory and regulatory requirements while holding such local educational agencies accountable for improved performance of students affected by such waivers. ``(2) Grade and program requirement.--To the extent possible, each grade and academic program in a participating school shall participate in a project assisted under this section. ``(c) Applications.-- ``(1) Local.--A local educational agency desiring to participate in a project assisted under this section shall submit an application to the State educational agency for approval. ``(2) Approval and transmission to secretary.--The State educational agency shall transmit approved applications described in paragraph (1) to the Secretary. ``(3) Contents.--Each application transmitted pursuant to paragraph (2) shall include a plan which meets the purposes of the Educational Flexibility Act and-- ``(A) describes the purposes and overall expected outcomes of the project; ``(B) indicates the Federal programs and requirements of such programs which will be waived and how such waivers will improve or maintain educational achievement among all students affected by such programs and requirements; ``(C) indicates which State and local requirements will be waived; ``(D) describes specific, measurable, educational goals for each school or other site in the project and for each school year of the project, including-- ``(i) goals for improving the achievement of all participants, including disadvantaged individuals, with respect to achievement in basic and advanced skills; ``(ii) goals that reflect the broad purposes of each program for which a waiver is sought; and ``(iii) an explanation of how the applicant will measure progress in meeting the goals set for each school or site in the project and for disadvantaged individuals participating in the project; and ``(E) identifies the elementary or secondary schools to be included in the project and describes the student population at each such school, including-- ``(i) current data regarding the achievement of disadvantaged students as well as other students; and ``(ii) the number of students who-- ``(I) are of limited-English proficiency, as defined in section 7003(a)(1) of the Bilingual Education Act; ``(II) are children with disabilities, as such term is defined in section 602(a)(1) of the Individuals with Disabilities Education Act; ``(III) are currently or formerly migratory; ``(IV) are educationally deprived, as determined by eligibility for assistance under chapter 1 of title I of the Elementary and Secondary Education Act of 1965; and ``(V) are eligible for a free or reduced price school lunch. ``(d) Approval of Projects.-- ``(1) In general.--The Secretary shall approve an application from a State that the Secretary determines shows substantial promise of achieving the purposes of the Educational Flexibility Act after considering-- ``(A) the comprehensiveness of the project, including the types of students, schools, programs, and activities to be included; ``(B) the extent to which the provisions for which waivers are sought impede educational improvement; ``(C) the State and local requirements that will be waived for the project; ``(D) the significance and feasibility of the proposed project's goals for each participating school or site; and ``(E) the quality of the plan for ensuring accountability for the proposed plan's activities and goals. ``(2) Consultation.--The Secretary shall consult with the heads of other appropriate Federal agencies, if any, in determining whether to approve a project. Each such agency head shall notify the Secretary of any waivers granted by such agency head as part of such project. ``(3) Distribution of projects.--The Secretary shall ensure that, to the extent feasible, projects assisted under this section are geographically distributed, and equitably distributed among urban, suburban, and rural areas, as well as large and small schools. ``(e) Allocation of Federal Funds; Restriction on Waivers.-- ``(1) Allocation of federal funds.--Federal funds under any program that are used to support a project under this section shall be allocated to local educational agencies and other recipients within the local educational agency in accordance with the statutory and regulatory requirements that govern the operation of that program, except that, for the purpose of such a project, the Secretary (or the head of any other Federal agency) may extend the duration of, and provide continuation funding to, a project chosen on a competitive basis that a participating agency is conducting. ``(2) Restriction on waivers.--Neither the Secretary nor the head of any other Federal agency shall waive under this section any statutory or regulatory requirement in awarding a grant after the date of enactment of the Educational Flexibility Act to a service provider within the local educational agency or other applicant participating in a project under this section. ``(3) Special rule.--Neither the Secretary nor, where applicable, the head of any other Federal agency shall waive under this section any statutory or regulatory requirement-- ``(A) under section 438 and 439 of the General Education Provisions Act; ``(B) under title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, title IX of the Education Amendments of 1972, or title II of the Americans with Disabilities Act; ``(C) under the Individuals with Disabilities Education Act; or ``(D) relating to-- ``(i) maintenance of effort; ``(ii) comparability; or ``(iii) the equitable participation of students attending private schools. ``(f) Reports and Evaluations.-- ``(1) Project reports.--Each project assisted under this section shall submit, not later than 90 days after the end of each fiscal year of the project, an annual report to the Secretary that-- ``(A) summarizes the principal activities of the project; ``(B) contains school-by-school and other data, as described in the project plan, that show the extent to which the project is meeting its overall goals, including its goals for improving the achievement of all participants, particularly disadvantaged individuals, with respect to achievement in basic and advanced skills, and is meeting the goals for each school or other site; ``(C) describes the impact of the project on disadvantaged children in schools, if any, that are not participating in the project; ``(D) describes the effectiveness of efforts to coordinate programs and services for children and their families as appropriate; and ``(E) provides information or comparable data regarding the achievement levels demonstrated by children or students served pursuant to programs described in clause (ii) of subsection (a)(1)(B) during the preceding 3 fiscal years compared with the achievement levels demonstrated by children or students served under this section. ``(2) Secretary's report.--Beginning in fiscal year 1995 and every 2 years thereafter, the Secretary shall submit a report to the Congress that summarizes and analyzes the project reports required by paragraph (1). ``(3) Evaluation reports.--Within 7 years of the date of enactment of the Educational Flexibility Act, and at such interim points as the Secretary deems appropriate, the Secretary shall provide to the Congress an independent evaluation of the projects assisted under this section, as well as an evaluation of the program assisted under this section by the Department of Education and other affected Federal agencies. Such reports may include recommendations for amendments to program statutes that are based on the experience of projects that successfully raise educational achievement by eliminating or modifying statutory or regulatory provisions that impede educational improvement. ``(g) Definition.--For the purpose of this section, the term `disadvantaged students' includes students of limited English proficiency, children with disabilities, students who are currently or formerly migratory, and students who are educationally deprived. ``(h) Budget Neutrality.--The authority provided by this section shall not be exercised in a manner that, for any fiscal year, increases total obligations or outlays of discretionary appropriations for programs subject to such authority, or that increases total obligations or outlays of funding for all direct-spending programs subject to such authority over those that would have occurred absent such authority.''. S 525 IS----2", "summary": "Educational Flexibility Act - Amends the General Education Provisions Act to establish a program for flexibility and accountability in education and related services. Directs the Secretary of Education to assist projects for elementary and secondary schools and other service provides to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers for States by which the performance of schools and programs can be improved by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary to waive a statutory or regulatory requirement only with respect to programs under specified Federal laws relating to elementary, secondary, and vocational education and disadvantaged or homeless students. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers of such requirements applicable to an elementary, secondary, or youth vocational training program they administer. Limits duration of projects and associated waivers. Requires, to the extent possible, project participation by each grade and academic program in a participating school. Prohibits waiver of requirements: (1) in awarding new competitive grants to a service provider within the LEA or other applicant participating in such a project; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of certain Federal laws relating to individuals with disabilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Communities Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Landscaping adds to the economic value and sales appeal of commercial real estate and increases office occupancy rates. (2) Greening can change people's perceptions of their neighborhoods, reduce violence and crime, and increase neighborhood stability. (3) Planting new trees, improving streetscapes, and cleaning vacant lots increases property values. (4) People will stay longer and shop more in shopping districts that are well landscaped. (5) Improvements to neighborhood parks increase the value of single-family homes in the surrounding community. (6) Homes adjacent to vacant lots that are greened have a much higher property value than homes adjacent to vacant lots that have not been greened. (b) Purposes.--The purposes of this Act are as follows: (1) To promote investment in greening projects and programs as effective economic development tools. (2) To connect urban economic development initiatives with environmental initiatives. (3) To improve quality of life for city residents. (4) To encourage public-private partnerships. SEC. 3. DEFINITIONS. In this Act: (1) Community greening initiative.--The term ``community greening initiative'' means a program that increases economic development by improving the environment. A community greening initiative may include the following: (A) Revitalizing municipal parks and public spaces. (B) Landscaping community gateways and key corridors. (C) Tree plantings and urban forestry projects. (D) Comprehensive planning for open space preservation. (E) Education, training, and volunteer management concerning community green initiatives. (F) Green roof construction. (G) Green stormwater infrastructure. (H) Vacant lot management. (2) Green roof.--The term ``green roof'' means a roof consisting of vegetation and soil or a growing medium planted over a waterproofing membrane. (3) Green stormwater infrastructure.--The term ``green stormwater infrastructure'' means systems and practices that use or mimic natural processes to infiltrate, evapotranspirate, or reuse stormwater on the site where it occurs rather than transporting the water to a stream or treatment facility. (4) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (6) Urban forestry.--The term ``urban forestry'' means an integrated citywide or neighborhood-wide approach to the planting, care, and management of trees in the city or the neighborhood in order to ensure environmental and social benefits for residents. SEC. 4. GRANTS FOR COMMUNITY GREENING INITIATIVES. (a) Grants.-- (1) In general.--To the extent that funds are available, the Secretary shall, acting through the Assistant Secretary of Commerce for Economic Development, award grants to eligible municipalities to carry out community greening initiatives. (2) Grant amount.--The Secretary may not award a grant under this section in an amount that exceeds $2,000,000. (b) Eligible Municipalities.--For purposes of this section, an eligible municipality is any municipality that meets-- (1) the criteria described by section 209(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(b)); and (2) the circumstances described by section 209(c) of such Act (42 U.S.C. 3149(c)). (c) Selection of Grant Recipients.-- (1) Application.--An eligible municipality seeking a grant under this section for a community greening initiative shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate. (2) Selection.--The Secretary shall, in consultation with the nonprofit organizations that receive a grant or enter into a contract with the Secretary under section 5(a), select to receive grants under this section 80 eligible municipalities that have successfully developed and planned a community greening initiative, as determined by the Secretary. (3) Limitation.--The Secretary may not award a grant under this section to an eligible municipality for a community greening initiative that the Secretary determines will require more than 2 years to complete. (d) Use of Grant Funds.--Each eligible municipality receiving a grant under this section shall, with technical assistance and training provided under section 5(c), use the grant to carry out the community greening initiative for which the grant is received. (e) Matching Requirement.--An eligible municipality seeking a grant under this section for a community greening initiative shall agree to make available non-Federal funds to carry out the community greening initiative in an amount equal to not less than 50 percent of the grant awarded to such eligible municipality under this section. (f) Report.--Not later than 60 days after an eligible municipality that receives a grant under this section for a community greening initiative completes such initiative, the eligible nonprofit organization that assisted such municipality with such initiative under subsection (d) shall submit to the Secretary a report assessing the implementation of such initiative. SEC. 5. TECHNICAL ASSISTANCE AND TRAINING FOR MUNICIPALITIES. (a) Grants or Contracts.-- (1) In general.--To the extent that funds are available, the Secretary shall award grants to, or enter into contracts with, 5 eligible nonprofit organizations to provide technical assistance and training to municipalities that receive grants under section 4. (2) Duration.--A grant or contract under paragraph (1) shall be for a period of 5 years. (b) Eligible Nonprofit Organization.--For purposes of this section, an eligible nonprofit organization is any nonprofit organization that has experience with the following: (1) Planning and implementing projects concerning urban open space, landscape management, and community greening initiatives. (2) Land and water conservation. (3) Working with communities. (4) Forming partnerships or regional consortiums. (5) Urban ecology. (6) Such other experience as the Secretary considers appropriate. (c) Technical Assistance and Training.-- (1) In general.--Each eligible nonprofit organization receiving a grant or entering into a contract under subsection (a) shall provide technical assistance and training to municipalities receiving grants under section 4 to assist such municipalities in carrying out the community greening initiatives for which such grants were awarded. (2) Activities.--Technical assistance and training under paragraph (1) may include the following: (A) Developing, planning, implementing, and assessing community greening initiatives. (B) Developing and implementing training and workshops for municipal agencies and local partners. (C) Evaluating a community greening initiative. (d) Report.--Not later than 90 days after the end of each fiscal year for which amounts are made available for grants under this section, the Secretary shall submit to Congress a report on the technical assistance and training provided under this section. Each report shall describe the actions taken by the Secretary to ensure that technical assistance and training provided under this section is responsive to the needs of municipalities that receive grants under section 4. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) $30,000,000 for each of fiscal years 2010, 2013, and 2014; and (2) $90,000,000 for each of fiscal years 2011 and 2012. (b) Reservation of Funds.-- (1) Grants for community greening initiatives.--Not less than 66 percent of the amounts made available to carry out this Act for each of fiscal years 2011 and 2012 shall be made available for the awarding of grants under section 4. (2) Technical assistance and training.--Of the amounts made available to carry out this Act, amounts shall be made available for technical assistance and training under section 5 as follows: (A) For each of fiscal years 2010, 2013, and 2014, 85 percent of such amounts. (B) For each of fiscal years 2011 and 2013, 28 percent of such amounts. (c) Availability.--Funds made available under this Act shall remain available until expended.", "summary": "Green Communities Act of 2009 [sic] - Directs the Secretary of Commerce, through the Assistant Secretary of Commerce for Economic Development, to make grants to eligible municipalities to carry out community greening initiatives. Defines such an initiative as a program that increases economic development by improving the environment and that may include: (1) revitalizing municipal parks and public spaces; (2) landscaping community gateways and key corridors; (3) tree plantings and urban forestry projects; (4) comprehensive planning for open space preservation; (5) education, training, and volunteer management concerning community green initiatives; (6) green roof construction; (7) green stormwater infrastructure; and (8) vacant lot management. Defines an \"eligible municipality\" as a municipality that meets criteria for an economic adjustment grant under the Public Works and Economic Development Act of 1965. Directs the Secretary to select 80 eligible municipalities to receive grants. Requires an eligible municipality seeking a grant to agree to make available nonfederal funds to carry out the initiative in an amount equal to not less than 50% of the grant awarded. Directs the Secretary to make grants to, or enter into contracts with, five nonprofit organizations to provide technical assistance and training to municipalities receiving grants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare and Medicaid Hospital Self- Referral Amendments of 1996''. SEC. 2. NOTIFICATION OF AVAILABILITY OF PROVIDERS AS PART OF DISCHARGE PLANNING PROCESS. (a) Medicare Requirement.--Section 1861(ee)(2) of the Social Security Act (42 U.S.C. 1395x(ee)(2)) is amended-- (1) in subparagraph (D), by inserting before the period the following: ``, including the availability of those services through individuals and entities that participate in the program under this title and that serve the area in which the patient resides and that request to be listed by the hospital as available''; and (2) by adding at the end the following: ``(H) Consistent with section 1802, the discharge plan shall-- ``(i) not specify or otherwise limit the qualified provider which may provide post-hospital care, and ``(ii) identify (in a form and manner specified by the Secretary) any provider (to whom the individual is referred) in which the hospital has a disclosable financial interest (as specified by the Secretary consistent with section 1866(a)(1)(R)) or which has such an interest in the hospital.''. (b) Requirement for Medicaid Funding.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is amended-- (1) by striking ``or'' at the end of paragraph (14), (2) by striking the period at the end of paragraph (15) and inserting ``; or'', and (3) by inserting after paragraph (15) the following new paragraph: ``(16) with respect to any amount expended for inpatient hospital services of a hospital unless the hospital has in place a discharge planning process that meets the requirements of section 1861(ee) with respect to individuals entitled to medical assistance under this title in the same manner as such requirements otherwise apply to individuals entitled to benefits under title XVIII.''. (c) Effective Dates.--The amendments made by subsection (a) shall apply to discharges occurring on or after 90 days after the date of the enactment of this Act. The amendments made by subsection (b) shall apply to expenditures for inpatient hospital services with respect to discharges occurring on or after 90 days after the date of the enactment of this Act. SEC. 3. MAINTENANCE AND DISCLOSURE OF INFORMATION ON POST-HOSPITAL SERVICE PROVIDERS. (a) Medicare Requirement.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (P), (2) by striking the period at the end of subparagraph (Q), and (3) by adding at the end the following: ``(R) in the case of a hospital that has a financial interest (as specified by the Secretary in regulations) in a provider of post-hospital services (including an entity that furnishes durable medical equipment), or in which such a provider has such a financial interest, or in which another entity has such a financial interest (directly or indirectly) with such hospital and such a provider, to maintain and disclose to the Secretary (in a form and manner specified by the Secretary) information on-- ``(i) the nature of such financial interest, ``(ii) the number of individuals who were discharged from the hospital and who were identified as requiring the type of post-hospital services provided by such provider, and ``(iii) the percentage of such individuals who received such services from such provider (or another such provider).''. (b) Requirement for Medicaid Funding.--Section 1903(i)(16) of such Act (42 U.S.C. 1396b(i)), as inserted by section 2(b), is amended-- (1) by striking ``(A)'' after ``unless'', and (2) by inserting before the period at the end the following: ``, and (B) the hospital is complying with the requirements of section 1866(a)(1)(R)''. (c) Disclosure of Information to the Public.--Title XI of such Act is amended by inserting after section 1145 the following new section: ``public disclosure of certain information on hospital financial interest and referral patterns ``Sec. 1146. The Secretary shall make available to the public, in a form and manner specified by the Secretary, information disclosed to the Secretary pursuant to section 1866(a)(1)(R) or section 1903(i)(16).''. (d) Effective Date.--The Secretary of Health and Human Services shall issue regulations by not later than 1 year after the date of the enactment of this Act to carry out the amendments made by this section and such amendments shall take effect as of such date (on or after the issuance of such regulations) as the Secretary specifies in such regulations.", "summary": "Medicare and Medicaid Hospital Self-Referral Amendments of 1996 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to require hospitals participating in the Medicare or Medicaid programs to: (1) give notice of availability of providers as part of the discharge planning process; and (2) maintain and disclose information on certain referrals. Amends SSA title XI to provide for public disclosure of certain information on hospital financial interest and referral patterns by the Secretary of Health and Human Services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Defined Benefit Pension Plan Reform Act of 2003''. SEC. 2. MULTIEMPLOYER PLAN EMERGENCY INVESTMENT LOSS RULE. (a) Amendment to the Internal Revenue Code of 1986.--Section 412(b)(7) of the Internal Revenue Code of 1986 (relating to special rules for multiemployer plans) is amended by adding at the end the following: ``(F) Emergency investment loss method.-- ``(i) In general.--In lieu of amortizing net experience loss as prescribed in paragraph (2)(B)(iv), a multiemployer plan may elect to use the emergency investment loss method described in this subparagraph, starting with the first plan year in which there is an emergency investment loss. ``(ii) Emergency investment loss.--An emergency investment loss for any plan year beginning on or after July 1, 1999, and ending before January 1, 2004, is the amount (if any) by which-- ``(I) the fair market value of the plan's assets as of the last day of the plan year, is less than ``(II) the fair market value which would have been determined if the plan's earnings for the plan year had been equal to the projected investment return based on the actuarial interest rate under paragraph (5)(A) for the plan year, applied to the fair market value of assets as of the beginning of the year and noninvestment cash flows during the year. ``(iii) Amortization of emergency investment loss.--The funding standard account shall be charged with the amounts necessary to amortize in equal annual installments (until fully amortized) the plan's emergency investment loss over a period of 30 plan years. ``(iv) Treatment of adjusted net actuarial experience.--If an election is in effect for any plan year described in clause (ii)-- ``(I) any net experience gain otherwise determined for such year under paragraph (2)(B)(iv) shall be increased by an amount equal to the emergency investment loss for such year, and ``(II) any net experience loss otherwise determined for such year under paragraph (3)(B)(ii) shall be reduced by the emergency investment loss for such year, except that if such emergency investment loss exceeds such net experience loss, the excess shall be treated as a net experience gain for such year for purposes of paragraph (2)(B)(iv).'' (b) Amendment to the Employee Retirement Income Security Act of 1974.--Section 302(b)(7) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(b)(7)) is amended by adding at the end the following: ``(F)(i) In lieu of amortizing net experience loss as prescribed in paragraph (2)(B)(iv), a multiemployer plan may elect to use the emergency investment loss method described in this subparagraph, starting with the first plan year in which there is an emergency investment loss. ``(ii) An emergency investment loss for any plan year beginning on or after July 1, 1999, and ending before January 1, 2004, is the amount (if any) by which-- ``(I) the fair market value of the plan's assets as of the last day of the plan year, is less than ``(II) the fair market value which would have been determined if the plan's earnings for the plan year had been equal to the projected investment return based on the actuarial interest rate under paragraph (5)(A) for the plan year, applied to the fair market value of assets as of the beginning of the year and noninvestment cash flows during the year. ``(iii) The funding standard account shall be charged with the amounts necessary to amortize in equal annual installments (until fully amortized) the plan's emergency investment loss over a period of 30 plan years. ``(iv) If an election is in effect for any plan year described in clause (ii)-- ``(I) any net experience gain otherwise determined for such year under paragraph (2)(B)(iv) shall be increased by an amount equal to the emergency investment loss for such year, and ``(II) any net experience loss otherwise determined for such year under paragraph (3)(B)(ii) shall be reduced by the emergency investment loss for such year, except that if such emergency investment loss exceeds such net experience loss, the excess shall be treated as a net experience gain for such year for purposes of paragraph (2)(B)(iv).'' (c) Election Procedure.-- (1) In general.--The Secretary of the Treasury shall prescribe a procedure under which multiemployer plans that elect to use the emergency investment loss method described in section 412(b)(7)(F) of the Internal Revenue Code of 1986 and section 302(b)(7)(F) of the Employee Retirement Income Security Act of 1974 may do so either by starting the special amortization periods in the actuarial valuations for each of the affected plan years or by starting with a cumulative emergency investment loss and adjusted net actuarial experience (based on the outstanding balance of the experience gain bases for the affected plan years, reduced by the cumulative emergency investment loss) in the actuarial valuation for the last plan year ending before January 1, 2004. (2) Filing period.--The procedures described in paragraph (1) shall provide a period of not less than 210 days after the date of enactment of this Act for multiemployer plans to file Schedule Bs (relating to actuarial information under the plan) to the Form 5500 Annual Reports for the plan years for which the emergency investment loss method is elected, including amended Schedule Bs for annual reports previously filed. (d) Effective Date.--The amendments made by this section shall apply to years beginning after June 30, 1999. SEC. 3. MORTALITY TABLE ADJUSTMENT. (a) Amendment to the Internal Revenue Code of 1986.--Section 412(l)(7)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(iv) Separate mortality tables for blue- collar and white-collar workers.-- ``(I) In general.--Notwithstanding clause (ii), in the case of plan years beginning after December 31, 2003, the Secretary shall establish separate mortality tables for blue-collar workers and white-collar workers which may be used (in lieu of the tables under clause (ii)) to determine current liability under this subsection. For this purpose, the Secretary shall take into account the Society of Actuaries RP-2000 Mortality Table, as adjusted to take into account the collar adjustment prescribed in such table to reflect the workforce covered by the plan. ``(II) Classification of workers.-- For purposes of this clause, individuals shall be classified as blue-collar or white-collar workers under rules prescribed by the Secretary. In prescribing such rules, the Secretary shall treat professional employees (within the meaning of section 410) as white-collar workers. ``(III) Consistent use.--If an employer elects to use the tables prescribed under subclause (I) for any plan established or maintained by the employer, the employer shall use the tables for all such plans other than a plan for which use of the tables is prohibited under regulations prescribed by the Secretary.''. (b) Amendment to the Employee Retirement Income Security Act of 1974.--Section 302(d)(7)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(d)(7)(C)) is amended by adding at the end the following: ``(iv) Separate mortality tables for blue- collar and white-collar workers.-- ``(I) In general.--Notwithstanding clause (ii), in the case of plan years beginning after December 31, 2003, the Secretary of the Treasury shall establish separate mortality tables for blue-collar workers and white-collar workers which may be used (in lieu of the tables under clause (ii)) to determine current liability under this subsection. For this purpose, the Secretary of the Treasury shall take into account the Society of Actuaries RP-2000 Mortality Table, as adjusted to take into account the collar adjustment prescribed in such table to reflect the workforce covered by the plan. ``(II) Classification of workers.-- For purposes of this clause, individuals shall be classified as blue-collar or white-collar workers under rules prescribed by the Secretary of the Treasury. In prescribing such rules, the Secretary of the Treasury shall treat professional employees (within the meaning of section 410 of the Internal Revenue Code of 1986) as white-collar workers. ``(III) Consistent use.--If an employer elects to use the tables prescribed under subclause (I) for any plan established or maintained by the employer, the employer shall use the tables for all such plans other than a plan for which use of the tables is prohibited under regulations prescribed by the Secretary of the Treasury.''. (c) Effective Date.--The amendments made by this section shall be effective as of the date of the enactment of this Act. SEC. 4. MODIFICATION OF FULL-FUNDING LIMITATION FOR PURPOSES OF DEDUCTION LIMITS ON EMPLOYER PENSION CONTRIBUTIONS. (a) In General.--Section 404(a)(1)(A) of the Internal Revenue Code of 1986 (relating to limitation on deductibility of employer contributions) is amended by adding at the end the following: ``In determining the full funding limitation for purposes of the preceding sentence for any year beginning after December 31, 2003, the amount determined under section 412(c)(7)(A)(i) shall in no event be treated as being less than 130 percent of current liability (including the expected increase in current liability due to benefits accruing during the year).'' (b) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 2003. SEC. 5. REQUIRED NOTIFICATION OF PARTICIPANTS AND BENEFICIARIES OF PLAN TERMINATIONS BY PENSION BENEFIT GUARANTY CORPORATION. (a) In General.--Section 4042(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1342(b)) is amended by adding at the end the following: ``(4)(A) Not later than 30 days after the corporation notifies a plan administrator under this subsection regarding the commencement of proceedings to terminate a plan under this section, the corporation shall provide notice of such proceedings to affected parties as provided in this paragraph. The notice shall state that such termination is intended, the proposed termination date, and the procedure for such termination under this section. ``(B) Upon notice to the plan of the commencement of proceedings, the plan administrator shall provide the corporation with a list of the names and addresses of all participants and beneficiaries of the plan. ``(C) The corporation shall provide-- ``(i) written notice to each affected party of the plan; and ``(ii) notice in the 2 newspapers with the largest circulation in the area of the majority of the affected parties.''. (b) Effective Date.--The amendment made by this section shall apply to proceedings commenced after the date of enactment of this Act.", "summary": "Defined Benefit Pension Reform Plan of 2003 - Amends the Internal Revenue Code (the Code) and the Employee Retirement Income Security Act of 1974 (ERISA) concerning minimum funding standards for pension plans to: (1) permit a multiemployer plan to elect to use an emergency investment loss method (as defined), starting in the first plan year in which there is an emergency investment loss; and (2) establish separate mortality tables for blue-collar and white-collar workers which may be used in lieu of the current table. Amends the Code to modify the full-funding limitation for purposes of the deduction limits on employer pension contributions. Amends ERISA to require notification of participants and beneficiaries of plan terminations by the Pension Benefit Guaranty Corporation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Acquiring Community Care Expect Safe Services Act of 2017'' or the ``Veterans ACCESS Act''. SEC. 2. PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM PROVIDING NON- DEPARTMENT HEALTH CARE SERVICES TO VETERANS. (a) In General.--On and after the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall deny or revoke the eligibility of a health care provider to provide non-Department health care services to veterans if the Secretary determines that the health care provider-- (1) was removed from employment with the Department of Veterans Affairs due to conduct that violated a policy of the Department relating to the delivery of safe and appropriate health care; (2) violated the requirements of a medical license of the health care provider; (3) had a Department credential revoked and the grounds for such revocation impacts the ability of the health care provider to deliver safe and appropriate health care; or (4) violated a law for which a term of imprisonment of more than one year may be imposed. (b) Permissive Action.--On and after the date that is one year after the date of the enactment of this Act, the Secretary may deny, revoke, or suspend the eligibility of a health care provider to provide non-Department health care services if the Secretary has reasonable belief that such action is necessary to immediately protect the health, safety, or welfare of veterans and-- (1) the health care provider is under investigation by the medical licensing board of a State in which the health care provider is licensed or practices; (2) the health care provider has entered into a settlement agreement for a disciplinary charge relating to the practice of medicine by the health care provider; or (3) the Secretary otherwise determines that such action is appropriate under the circumstances. (c) Suspension.--The Secretary shall suspend the eligibility of a health care provider to provide non-Department health care services to veterans if the health care provider is suspended from serving as a health care provider of the Department. (d) Initial Review of Department Employment.--Not later than one year after the date of the enactment of this Act, with respect to each health care provider providing non-Department health care services, the Secretary shall review the status of each such health care provider as an employee of the Department and the history of employment of each such health care provider with the Department to determine whether the health care provider is described in any of subsections (a) through (c). (e) Comptroller General Report.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation by the Secretary of this section, including the following: (1) The aggregate number of health care providers denied or suspended under this section from participation in providing non-Department health care services. (2) An evaluation of any impact on access to health care for patients or staffing shortages in programs of the Department providing non-Department health care services. (3) An explanation of the coordination of the Department with the medical licensing boards of States in implementing this section, the amount of involvement of such boards in such implementation, and efforts by the Department to address any concerns raised by such boards with respect to such implementation. (4) Such recommendations as the Comptroller General considers appropriate regarding harmonizing eligibility criteria between health care providers of the Department and health care providers eligible to provide non-Department health care services. (f) Non-Department Health Care Services Defined.--In this section, the term ``non-Department health care services'' means services-- (1) provided under subchapter I of chapter 17 of title 38, United States Code, at non-Department facilities (as defined in section 1701 of such title); (2) provided under section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note); (3) purchased through the Medical Community Care account of the Department; or (4) purchased with amounts deposited in the Veterans Choice Fund under section 802 of the Veterans Access, Choice, and Accountability Act of 2014. Passed the Senate November 9, 2017. Attest: JULIE E. ADAMS, Secretary.", "summary": ". Veterans Acquiring Community Care Expect Safe Services Act of 2017 or the Veterans ACCESS Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to deny or revoke eligibility to provide non-VA health care services to veterans for any any health care provider that: (1) was removed from VA employment for violating VA policy relating to the delivery of safe and appropriate health care, (2) violated medical license requirements, (3) had a VA credential revoked on grounds that impact the provider's ability to deliver safe and appropriate health care, or (4) violated a law for which a prison term of more than one year may be imposed. The VA may deny, revoke, or suspend a health care provider's eligibility to provide non-VA health care services based on a reasonable belief that such action is necessary to immediately protect the health or safety of veterans if: (1) the provider is under investigation by a state's medical licensing board, (2) the provider has entered into a settlement agreement for a disciplinary charge relating to the practice of medicine, or (3) the VA otherwise determines that such action is appropriate. The VA shall suspend a health care provider's eligibility to provide non-VA health care services to veterans if such provider is suspended from serving as a VA medical provider."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Scenic Columbia Gorge Restoration Act of 2017''. SEC. 2. EXPEDITED RECOVERY ACTIVITIES IN RESPONSE TO CATASTROPHIC EVENTS IN NATIONAL SCENIC AREAS. (a) Definitions.--In this section: (1) Catastrophic event.--The term ``catastrophic event'' means any natural disaster (such as hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind- driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak) or any fire, flood, or explosion, regardless of cause. (2) Conclusion.--The term ``conclusion'', with respect to a catastrophic event, includes containment of the catastrophic event if occurring before the actual end of the catastrophic event. (3) National scenic area.--The term ``National Scenic Area'' means an area of the National Forest System federally designated as a National Scenic Area in recognition of the outstanding natural, scenic, and recreational values of the area. (4) Response activity.--The term ``response activity'' means any salvage operation or reforestation activity proposed to be conducted within a National Scenic Area adversely impacted by a catastrophic event to address conditions caused or exacerbated by the catastrophic event. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Prompt Proposal of Response Activities.--Within 30 days after the conclusion of a catastrophic event within a National Scenic Area, the Secretary shall begin proposing response activities for lands within the National Scenic Area adversely impacted by the catastrophic event. (c) Public Input and Response Process.--Notwithstanding any other provision of law, the Secretary shall allow 30 days for public scoping and comment regarding a National Scenic Area response activity, 15 days for filing an objection to the response activity, and 15 days for the agency response to the filing of an objection. Upon completion of this process and expiration of the period specified in subsection (d)(1) if applicable, the Secretary shall implement the response activity. (d) Environmental Review.-- (1) Expedited environmental assessment.--Except as provided in paragraph (2), notwithstanding any other provision of law, an environmental assessment prepared by the Secretary concerned pursuant to section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a National Scenic Area response activity shall be completed within 60 days after the conclusion of the catastrophic event. (2) Categorical exclusion.--A categorical exclusion is available for any National Scenic Area response activity that-- (A) does not exceed 10,000 acres within the National Scenic Area; and (B) includes lands that-- (i) are visible from key viewing areas, as described in the management plan for the National Scenic Area; (ii) provide screening for human development; (iii) are part of a municipal watershed; or (iv) contain utility or power transmission right-of-ways. (e) Consultation Under the Endangered Species Act.-- (1) No consultation if response activity not likely to adversely affect a listed species or designated critical habitat.--Consultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) shall not be required if the Secretary determines that a response activity is not likely to adversely affect a listed species or designated critical habitat. (2) Expedited consultation.-- (A) In general.--With respect to a response activity that is not covered by paragraph (1), consultation required under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) shall be concluded within the 90-day period beginning on the date on which such consultation was requested by the Secretary. (B) Effect of no conclusion.--In the case of a consultation described in subparagraph (A) that is not concluded within the 90-day period specified in such subparagraph, the response activity for which such consultation was initiated-- (i) shall be deemed to have not violated section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)); and (ii) may be carried out. (f) Prohibition on Restraining Orders, Preliminary Injunctions, and Injunctions Pending Appeal.--No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to prepare or conduct a response activity. Section 705 of title 5, United States Code, shall not apply to any challenge to the response activity. (g) Funding Source.--Amounts in the special fund established pursuant to section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), shall be available to the Secretary for response activities. (h) Reforestation Objective.--In the case of response activities conducted on National Scenic Area lands adversely impacted by a catastrophic event, the Secretary shall achieve reforestation of at least 75 percent of the impacted lands before the end of the two-year period following the conclusion of the catastrophic event.", "summary": "Scenic Columbia Gorge Restoration Act of 2017 This bill directs the Forest Service to begin proposing, within 30 days of a catastrophic event, response (salvage operations or reforestation) activities for lands within a national scenic area that have been adversely impacted by the event. The bill provides a process for expedited environmental review under the National Environmental Policy Act of 1969, including a categorical exclusion not exceeding 10,000 acres for a response activity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Treatment of Indian Tribal Natural Resource Income Act of 2001''. SEC. 2. FEDERAL TAX TREATMENT OF INCOME DERIVED BY INDIANS FROM NATURAL RESOURCES-RELATED ACTIVITIES. (a) In General.--Subchapter C of chapter 80 of the Internal Revenue Code of 1986 (relating to provisions affecting more than one subtitle) is amended by adding at the end the following new section: ``SEC. 7874. FEDERAL TAX TREATMENT OF INCOME DERIVED BY INDIANS FROM THE HARVEST OF TRIBALLY OWNED NATURAL RESOURCES. ``(a) In General.-- ``(1) Income and self-employment taxes.--No tax shall be imposed by subtitle A on income derived from a natural resources-related activity conducted-- ``(A) by a member of an Indian tribe directly or through a qualified Indian entity, or ``(B) by a qualified Indian entity. ``(2) Employment taxes.--No tax shall be imposed by subtitle C on remuneration paid for services performed in natural resources-related activity by one member of a tribe for another member of such tribe or for a qualified Indian entity. ``(b) Definitions.--For purposes of this section: ``(1) Natural resources-related activity.-- ``(A) In general.--The term `natural resources- related activity' means, with respect to an Indian tribe, any activity directly related to cultivating, harvesting, processing, extracting, or transporting natural resources held in trust by the United States for the benefit of such tribe or directly related to selling such natural resources but only if substantially all of the selling activity is performed by members of such tribe. ``(B) Extraction of minerals, etc. excluded.--Such term shall not include any activity directly related to extracting minerals, ores, oil, or gas. ``(2) Qualified indian entity.-- ``(A) In general.--The term `qualified Indian entity' means an entity-- ``(i) engaged in a natural resources- related activity of one or more Indian tribes, ``(ii) all of whose equity interests are owned by such tribes or members of such tribes, and ``(iii) substantially all of the management functions of the entity are performed by members of such tribes. ``(B) Entities engaged in processing or transportation.--Except as provided in regulations similar to regulations in effect under section 7873(b)(3)(A)(iii) on the date of the enactment of this section, if an entity is engaged to any extent in any processing or transporting of natural resources, the term `qualified Indian entity' shall also include an entity whose annual gross receipts are 90 percent or more derived from natural resources-related activities of one or more Indian tribes each of which owns at least 10 percent of the equity interests in the entity. For purposes of this subparagraph, equity interests owned by a member of such a tribe shall be treated as owned by the tribe. ``(c) Special Rules.-- ``(1) Distributions from qualified indian entity.--For purposes of this section, any distribution with respect to an equity interest in a qualified Indian entity of one or more Indian tribes to a member of one of such tribes shall be treated as derived by such member from a natural resources- related activity to the extent such distribution is attributable to income derived by such entity from a natural resources-related activity. ``(2) De minimis unrelated amounts may be excluded.--If, but for this paragraph, all but a de minimis amount derived by a qualified Indian tribal entity or by a tribal member through such entity, or paid to an individual for services, would be entitled to the benefits of subsection (a), then the entire amount shall be so entitled. ``(d) No Inference Created.--Nothing in this title shall create any inference as to the existence or non-existence or scope of any exemption from tax for income derived from tribal rights secured as of January 1, 2001, by any treaty, law, or Executive Order.''. (b) Conforming Amendment.--The table of sections for subchapter C of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 7874. Federal tax treatment of income derived by Indians from the harvest of tribally owned natural resources.''. (c) Effective Date.--The amendments made by this section shall apply to periods before, on, or after the date of the enactment of this Act.", "summary": "Treatment of Indian Tribal Natural Resource Income Act of 2001 - Amends the Internal Revenue Code to prohibit the imposition of income taxes or income derived from a natural resources-related activity conducted by: (1) a member of an Indian tribe directly or through a qualified Indian entity; or (2) a qualified Indian entity.Prohibits the imposition of employment taxes on remuneration paid for services performed in natural resources-related activity by one member of a tribe for another member of such tribe or for a qualified Indian entity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Affordable Housing Act of 2009''. SEC. 2. GREEN RETROFIT GRANT AND LOAN PROGRAM. (a) Establishment.--The Secretary of Housing and Urban Development shall carry out a program to make grants and loans under this section to owners of eligible federally assisted housing projects for making eligible green retrofit improvements to such projects. (b) Eligible Federally Assisted Housing Projects.--Grants and loans under this section may be provided only for eligible green retrofit improvements under subsection (c) for-- (1) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); (2) housing that is assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); (3) housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625); (4) housing that is assisted under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); (5) housing financed by a loan or mortgage insured under section 221(d)(3) of the National Housing Act (12 U.S.C. 1715l(d)(3)) that bears interest at a rate determined under the proviso of section 221(d)(5) of such Act (12 U.S.C. 1715l(d)(5)); (6) housing insured, assisted, or held by the Secretary or a State or State agency under section 236 of the National Housing Act (12 U.S.C. 1715z-1); (7) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937, as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; (8) housing assisted or formerly assisted under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s); (9) multifamily housing projects assisted with amounts made available under the HOME Investment Partnerships Act (42 U.S.C. 12721 et seq.); (10) housing for which a loan is made or insured under section 515 of the Housing Act of 1949 (42 U.S.C. 1485); and (11) housing for which a low-income housing tax credit is provided pursuant to section 42 of the Internal Revenue Code of 1986 (26 U.S.C. 42). (c) Eligible Green Retrofit Improvements.-- (1) In general.--For purposes of this section, eligible green retrofit improvements are improvements to an eligible federally assisted housing project that are approved by the Secretary as having one or more of the following attributes, as compared with the comparable component that would normally be used by owners of similar properties in the same market area: (A) Materially lower electric, heating fuel, or water consumption. (B) Materially lower emissions of chemicals thought to be harmful to humans. (C) Materially longer useful life. (D) Materially more biodegradable. (E) Materially more easily recycled. (F) Materially lower use of raw materials or use of materially more recycled content. (G) Materially lower transportation costs of products delivered to the project. For purposes of this paragraph, determinations of materiality shall be made by the Secretary in the sole discretion of the Secretary. (2) Related improvements.--For purposes of this section, eligible green retrofit improvements shall include improvements approved by the Secretary as related or collateral to the undertaking or provision of eligible green retrofit improvements approved pursuant to paragraph (1) for an eligible federally assisted housing project. (3) Verification.--For purposes of verifying improvements as eligible green retrofit improvements under this subsection, the Secretary shall, by regulation, provide for the following: (A) Certification of building energy and environment auditors, inspectors, and raters by the Residential Energy Services Network (RESNET), or an equivalent certification system as determined by the Secretary. (B) Certification or licensing of building energy and environmental retrofit contractors by the Building Performance Institute (BPI), or an equivalent certification or licensing system as determined by the Secretary. (C) Use of equipment and procedures of the Building Performance Institute, Residential Energy Services Network, or other appropriate equipment and procedures (such as infrared photography and pressurized testing, and tests for water use and indoor air quality), as determined by the Secretary, to test the energy and environmental efficiency of buildings effectively. (D) Determination of energy savings by comparison of scores on the Home Energy Rating System (HERS) Index before and after retrofit, with the final score produced by an objective third party. (d) Extension of Affordability Restrictions.-- (1) Grants.-- (A) In general.--The Secretary may provide a grant under this section for an eligible federally assisted housing project only if the owner of the project enters into such binding commitments as the Secretary shall require, which shall be applicable to any subsequent owner, to ensure that the project will be operated, until the expiration of the period specified in subparagraph (B), in accordance with all affordability restrictions that are applicable to the project under the federal assistance program referred to in subsection (b) under which assistance is provided for the project. (B) Period.--The period specified in this paragraph for an eligible federally assisted housing project is the period that-- (i) begins upon the date of the expiration of applicability, to the project, of the affordability restrictions under the federal assistance program referred to in subsection (b) under which assistance is provided for the project; (ii) has such duration, as determined by the Secretary, as commensurate with the amount of the loan or grant assistance provided under this section for the project; and (iii) in no case exceeds 30 years. The Secretary may make such adjustments to such period as may be necessary to take into consideration any more significant restrictions accompanying other subsidies for the project. (2) Loans.--In providing loans under this section for eligible federally assisted housing projects, the Secretary may require the project to comply with affordability restrictions as the Secretary may establish, the terms of which shall be commensurate with the term and amount of the loan. (e) Limitation on Amount.--The amount of a grant or loan under this section for an eligible federally assisted housing project may not exceed-- (1) a percentage, as determined by the Secretary, of the cost of the eligible green retrofit improvements for the project described in the retrofit plan under subsection (f)(2) for the project; and (2) a dollar amount limitation, as the Secretary may establish. (f) Applications.-- (1) In general.--The Secretary shall provide for owners of eligible federally assisted housing project to submit applications to the Secretary for grants and loans under this subsection. The Secretary shall require each such application to include a retrofit plan under paragraph (2). (2) Retrofit plan.-- (A) Requirements.--The Secretary may not make any grant or loan under this section for any eligible green retrofit improvements for an eligible federally assisted housing project unless the owner of the project has submitted to the Secretary, and the Secretary has approved (pursuant to any amendments or changes as the Secretary may require), a detailed written plan regarding such improvements that complies with such requirements as the Secretary shall establish, which shall include the following: (i) The plan shall set forth the current utility costs for the project, including costs for water, heat, and electricity. (ii) The plan shall describe the eligible green retrofit improvements to be made for the project, setting forth-- (I) a schedule for completing each such improvement; (II) the cost of and sources of funding for each such improvement; (III) the amount of anticipated cost savings resulting from each such improvement; and (IV) a schedule for such savings for each such improvement based on the current utility costs for the project set forth pursuant to clause (i), except that such cost-savings schedule may not have a term exceeding 10 years. (B) Cost-efficiency; cost savings.--The Secretary may approve a retrofit plan under this subsection only if the Secretary determines that-- (i) the total present value of the cost savings resulting from the eligible green retrofit improvements specified in the plan and to be recovered over the term of the cost- savings schedule included in the plan will exceed the cost of making such improvements; and (ii) the eligible green retrofit improvements specified in the plan will result in savings in utility or other operating costs for the eligible federally assisted housing project of not less than 20 percent, in comparison to utility and operating costs of such project absent the eligible green retrofit improvements to be undertaken under the plan. (3) Selection priorities.--In selecting applications for loans and grants under this section the Secretary may-- (A) give priority to applications providing for eligible green retrofit improvements that are funded in part with amounts from sources other than grants and loans under this section, and the extent of such priority provided may be based on the ratio of such funding from other sources; and (B) give priority to applications based on the net amount of energy efficiency savings resulting from the eligible green retrofit improvements to be funded by such loans and grants. (g) Loans.--In such circumstances as the Secretary may provide, the Secretary may provide assistance under this section in the form of a loan, which shall have such term to maturity, shall bear interest, and shall have such other terms and conditions as the Secretary may establish. (h) Treatment of Grant Amounts.--Notwithstanding any other provision of law, assistance amounts under this section may be treated as amounts not derived from a Federal grant. (i) Monitoring.-- (1) Submission of information to secretary.--The Secretary shall require each owner of an eligible federally assisted housing project for which a grant or loan under this section is made to submit to the Secretary such information, on a regular basis during the term of the cost savings schedule included in the retrofit plan for project for which such grant or loan is made or during such other term, and in such form and manner, as the Secretary considers appropriate to determine the cost savings resulting from the eligible green retrofit improvements funded with such grant or loan and to provide such other information as the Secretary considers necessary. (2) Other monitoring.--With respect to eligible federally assisted housing projects for which eligible green retrofit improvements have been made with assistance under this section, the Secretary shall-- (A) establish guidelines for obtaining certification of such projects, after retrofit, as Energy Star buildings, for assigning Home Energy Rating System (HERS) rating for such projects, and for completing applicable building performance labels; and (B) establish processes for tracking the numbers and locations of such projects and obtaining information on projected and actual savings of energy and its value over time. (j) Definitions.--For purposes of this section, the following definitions shall apply: (1) Affordability restrictions.--The term ``affordability restrictions'' means, with respect to an eligible federally assisted housing project, limits imposed by statute, regulation, or regulatory agreement on tenant rents, rent contributions, or income eligibility. (2) Cost-savings schedule.--The term ``cost-savings schedule'' means, with respect to a retrofit plan for an eligible federally assisted housing project, the schedule included in such plan pursuant to subsection (f)(2)(A)(ii)(IV). (3) Eligible federally assisted housing project.--The term ``eligible federally assisted housing project'' means a housing project described in subsection (b). (4) Retrofit plan.--The term ``retrofit plan'' means a plan required under subsection (f)(2). (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (k) Authorization of Appropriations.--There is authorized to be appropriated such sums for each of fiscal years 2010 through 2014, which shall be available for-- (1) grants under this section; and (2) costs (as such term in defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a) of loans under this section. (l) Regulations.--The Secretary shall issue any regulations necessary to carry out this section.", "summary": "Green Affordable Housing Act of 2009 - Requires the Secretary of Housing and Urban Development (HUD) to carry out a program of grants and loans to owners of specified eligible federally assisted housing projects for making eligible green retrofit improvements to such projects. Conditions such grants or loans on a HUD approved retrofit plan by the owners of such projects."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cape Fox Land Entitlement Adjustment Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Cape Fox Corporation (Cape Fox) is an Alaska Native Village Corporation organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for the Native Village of Saxman. (2) As with other village corporations organized pursuant to the Alaska Native Claims Settlement Act in southeast Alaska, Cape Fox was limited to selecting 23,040 acres under section 16 of the Alaska Native Claims Settlement Act. (3) Except for Cape Fox, all other village corporations organized pursuant to the Alaska Native Claims Settlement Act in southeast Alaska were restricted from selecting land within two miles of a home rule city. (4) To protect the watersheds in the vicinity of Ketchikan, Cape Fox was restricted from selecting land within six miles of the boundary of the home rule City of Ketchikan under section 22(l) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(l)). (5) The six mile restriction damaged Cape Fox by precluding the corporation from selecting valuable timber land, industrial sites, and other commercial property, not only in its core township but in surrounding land far removed from Ketchikan and its watershed. (6) As a result of the six mile restriction, only the remote mountainous northeast corner of Cape Fox's core township, which is nonproductive and of no known economic value, was available for selection by the corporation. Selection of this parcel was, however, mandated by section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)). (7) Cape Fox's land selections were further limited by the fact that the Annette Island Indian Reservation is within its selection area, and those lands were unavailable for selection under the Alaska Native Claims Settlement Act. Cape Fox is the only village corporation organized pursuant to the Alaska Native Claims Settlement Act affected by this restriction. (8) Adjustment of Cape Fox's selections and conveyances of land under the Alaska Native Claims Settlement Act requires adjustment of Sealaska Corporation's (Sealaska) selections and conveyances to avoid creation of additional split estate between National Forest System surface land and Sealaska subsurface land. (9) There is an additional need to resolve existing areas of Sealaska/Tongass split estate, in which Sealaska holds title or conveyance rights to several thousand acres of subsurface land that encumber management of Tongass National Forest surface land. (10) The Tongass National Forest land identified in this Act for selection by and conveyance to Cape Fox and Sealaska, subject to valid existing rights, provides a means to resolve some of the Cape Fox and Sealaska Alaska Native Claims Settlement Act land entitlement issues without significantly affecting Tongass National Forest resources, uses, or values. (11) Adjustment of Cape Fox's selections and conveyances of land under the Alaska Native Claims Settlement Act through the provisions of this Act, and the related adjustment of Sealaska's selections and conveyances hereunder, are in accordance with the purposes of the Alaska Native Claims Settlement Act and otherwise in the public interest. SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND. Notwithstanding section 16(b) of the Alaska Native Claims Settlement Act (43 U.S. C. 1615(b)), Cape Fox shall not be required to select or receive conveyance of the approximately 160 acres of Federal unconveyed land within section 1, T. 75 S., R. 91 E., C.R.M. SEC. 4. SELECTION AND CONVEYANCE OUTSIDE EXTERIOR SELECTION BOUNDARY. (a) Selection of Surface Estate.-- (1) In general.--In addition to land made available for selection under the Alaska Native Claims Settlement Act, not later than 2 years after the date of the enactment of this Act, Cape Fox may select the approximately 99 acres of the surface estate of Tongass National Forest land outside Cape Fox's current exterior selection boundary described in paragraph (2). (2) Land description.--The land referred to in paragraph (a) is described as follows: T. 73 S., R. 90 E., C.R.M. Section 33: SW portion of SE 1/4: 38 acres. Section 33: NW portion of SE 1/4: 13 acres. Section 33: SE 1/4 of SE 1/4: 40 acres. Section 33: SE 1/4 of SW 1/4: 8 acres. (b) Conveyance of Subsurface Estate.--Upon conveyance to Cape Fox of the surface estate to the land described in subsection (a)(2), the Secretary of the Interior shall convey to Sealaska the subsurface estate to that land. (c) Timing.--The Secretary of the Interior shall complete the conveyances to Cape Fox and Sealaska under this section not later than 180 days after the Secretary of the Interior receives written notice of the Cape Fox selection under subsection (a). SEC. 5. EXCHANGE OF LAND BETWEEN CAPE FOX AND THE TONGASS NATIONAL FOREST. (a) In General.--The Secretary of Agriculture shall offer, and if accepted by Cape Fox shall exchange, the Federal land described in subsection (b) for land and interests therein identified by Cape Fox under subsection (c) and, to the extent necessary, land and interests therein identified under subsection (d). (b) Land To Be Exchanged to Cape Fox.--The land to be offered to Cape Fox is Tongass National Forest land comprising approximately 2,663.9 acres in T. 36 S., R. 62 E., C.R.M. and T. 35 S., R. 62 E., C.R.M., as designated upon a map entitled ``Proposed Kensington Project Land Exchange'', dated March 18, 2002, and available for inspection in the Forest Service Region 10 regional office in Juneau, Alaska. (c) Land To Be Exchanged to the United States.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, Cape Fox may identify, in writing to the Secretary of Agriculture and the Secretary of the Interior, the land and interests in land that Cape Fox proposes to exchange for the Federal land described in subsection (b). The land and interests in land shall be identified from land previously conveyed to Cape Fox comprising approximately 2,900 acres and designated as parcels A-1 to A-3, B-1 to B-3, and C upon a map entitled ``Cape Fox Corporation ANCSA Land Exchange Proposal,'' dated March 15, 2002, and available for inspection in the Forest Service Region 10 regional office in Juneau, Alaska. (2) Conditions for parcels.--Land identified for exchange within each parcel shall abut National Forest System land and be in reasonably compact tracts. (3) Easement.--The land identified for exchange shall includes a public trail easement designated as ``D'' on the map described in paragraph (1), unless the Secretary of Agriculture agrees otherwise. The value of the easement shall be included in determining the total value of land conveyed to the United States. (d) Valuation of Exchange land.--The Secretary of Agriculture shall determine whether the land identified by Cape Fox under subsection (c) is equal in value to the land described in subsection (b). If the land identified under subsection (c) is determined to have insufficient value to equal the value of the land described in subsection (b), Cape Fox and the Secretary shall mutually identify additional Cape Fox land for exchange sufficient to equalize the value of land conveyed to Cape Fox. Such land shall be contiguous to adjacent National Forest System land and in reasonably compact tracts. (e) Conditions.--Notwithstanding section 14(f) of the Alaska Native Claims Settlement Act, the offer and conveyance of Federal land to Cape Fox in the exchange shall be of the surface and subsurface estate. Such offer and conveyance shall be subject to valid existing rights and all provisions of section 14(g) of such Act. (f) Timing.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall attempt to enter into an agreement with Cape Fox to consummate the exchange consistent with this Act. The land identified in the exchange agreement shall be exchanged by conveyance at the earliest possible date after the exchange agreement is signed. Subject only to conveyance from Cape Fox to the United States of all its right, title, and interest in the Cape Fox land included in the exchange consistent with this Act, the Secretary of the Interior shall complete the interim conveyance to Cape Fox of the Federal land included in the exchange not later than 180 days after the execution of the exchange agreement by Cape Fox and the Secretary of Agriculture. SEC. 6. EXCHANGE OF LAND BETWEEN SEALASKA AND THE TONGASS NATIONAL FOREST. (a) In General.--Upon conveyance of the Cape Fox land included in the exchange under section 5 and conveyance and relinquishment by Sealaska, in accordance with this Act, of the land and interests in land described in subsection (c), the Secretary of the Interior shall convey to Sealaska the Federal land identified for exchange under subsection (b). (b) Land To Be Exchanged to Sealaska.-- (1) Selection area.--The land to be exchanged to Sealaska is to be selected by Sealaska from Tongass National Forest land comprising approximately 9,329 acres in T. 36 S., R. 62 E., C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., C.R.M., as designated upon a map entitled ``Proposed Sealaska Corporation Land Exchange Kensington Lands Selection Area'', dated April, 2002 and available for inspection in the Forest Service Region 10 Regional Office in Juneau, Alaska. (2) Notice of land selection.--Not later than 60 days after receiving notice of the identification by Cape Fox of the exchange land under section 5(c), Sealaska may identify, in writing to the Secretaries of Agriculture and the Interior, the land that Sealaska selects to receive in exchange for the Sealaska land described in subsection (c). (3) Conditions.--Land selected by Sealaska shall be in no more than 2 contiguous and reasonably compact tracts that abut the land described for exchange to Cape Fox in section 5(b). The exchange conveyance to Sealaska shall be of the surface and subsurface estate in the land selected and agreed to by the Secretary but subject to valid existing rights and all other provisions of section 14(g) of the Alaska Native Claims Settlement Act. (4) Equal value.--The Secretary of Agriculture shall determine whether the selected land is equal in value to the land described in subsection (c) and may adjust the amount of selected land in order to reach agreement with Sealaska regarding equal value. (c) Land To Be Exchanged to the United States.--The land and interests therein to be exchanged by Sealaska is-- (1) the subsurface estate underlying the Cape Fox exchange land described in section 5(c); (2) an additional approximately 2,506 acres of the subsurface estate underlying Tongass National Forest surface estate, described in Interim Conveyance No. 1673; and (3) rights to an additional approximately 2,698 acres of subsurface estate of Tongass National Forest land remaining to be conveyed to Sealaska from Group 1, 2, and 3 land as set forth in the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement of November 26, 1991, at Schedule B, as modified on January 20, 1995. (d) Timing.--The Secretary of Agriculture shall attempt, not later than 90 days after receipt of the selection of land by Sealaska under subsection (b), to enter into an agreement with Sealaska to consummate the exchange consistent with this Act. The land identified in the exchange agreement shall be exchanged by conveyance at the earliest possible date after the exchange agreement is executed. Subject only to the Cape Fox and Sealaska conveyances and relinquishments described in subsection (a), the Secretary of the Interior shall complete the interim conveyance to Sealaska of the Federal land selected for exchange not later than 180 days after execution of the agreement by Sealaska and the Secretary of Agriculture. (e) Modification of Agreement.--The executed exchange agreement under this section shall be considered a further modification of the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement, as ratified in section 17 of Public Law 102-415 (October 14, 1992). SEC. 7. MISCELLANEOUS PROVISIONS. (a) Equal Value Requirement.--The exchanges described in this Act shall be of equal value. Cape Fox and Sealaska shall have the opportunity to present to the Secretary of Agriculture estimates of value of exchange land with supporting information. (b) Title.--Cape Fox and Sealaska shall convey and provide evidence of title satisfactory to the Secretary of Agriculture for their respective lands to be conveyed to the United States under this Act, subject only to exceptions, reservations, and encumbrances in the interim conveyance or patent from the United States or otherwise acceptable to the Secretary of Agriculture. (c) Hazardous Substances.--Cape Fox, Sealaska, and the United States each shall not be subject to liability for the presence of any hazardous substance in land or interests in land solely as a result of any conveyance or transfer of the land or interests therein under this Act. (d) Effect on ANCSA Selections.--Any conveyance of Federal surface or subsurface land to Cape Fox or Sealaska under this Act shall be considered, for all purposes, land conveyed pursuant to the Alaska Native Claims Settlement Act. Nothing in this Act shall be construed to change the total acreage of land entitlement of Cape Fox or Sealaska under the Alaska Native Claims Settlement Act. Cape Fox and Sealaska shall remain charged for any land they exchange under this Act and any land conveyed pursuant to section 4, but shall not be charged for any land received under sections 5 or 6. The exchanges described in this Act shall be considered, for all purposes, actions which lead to the issuance of conveyances to Native Corporations pursuant to the Alaska Native Claims Settlement Act. Land or interests therein transferred to the United States under this Act shall become and be administered as part of the Tongass National Forest. (e) Effect on Statehood Selections.--Land conveyed to or selected by the State of Alaska under the Alaska Statehood Act (Public Law 85- 508; 72 Stat. 339; 48 U.S.C. note prec. 21) shall not be eligible for selection or conveyance under this Act without the consent of the State of Alaska. (f) Maps.--The maps referred to in this Act shall be maintained on file in the Forest Service Region 10 Regional Office in Juneau, Alaska. The acreages cited in this Act are approximate, and if there is any discrepancy between cited acreage and the land depicted on the specified maps, the maps shall control. The maps do not constitute an attempt by the United States to convey State or private land. (g) Easements.--Notwithstanding section 17(b) of the Alaska Native Claims Settlement Act, Federal land conveyed to Cape Fox or Sealaska pursuant to this Act shall be subject only to the reservation of public easements mutually agreed to and set forth in the exchange agreements executed under this Act. The easements shall include easements necessary for access across the land conveyed under this Act for use of national forest or other public land. (h) Old Growth Reserves.--The Secretary of Agriculture shall add an equal number of acres to old growth reserves on the Tongass National Forest as are transferred out of Federal ownership as a result of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATION. (a) Department of Agriculture.--There are authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary for-- (1) value estimation and related costs of exchanging land specified in this Act; and (2) road rehabilitation and habitat and timber stand improvement (including thinning and pruning) on land acquired by the United States under this Act. (b) Department of the Interior.--There are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary for land surveys and conveyances pursuant to this Act.", "summary": "Cape Fox Land Entitlement Adjustment Act - Provides that Cape Fox Corporation shall not be required under the Alaska Native Claims Settlement Act (ANCSA) to select or receive conveyance of 160 nonproductive acres. Permits Cape Fox to select and the Secretary of the Interior to convey 99 acres of the surface estate of Tongass National Forest lands outside Cape Fox's current exterior selection boundary. Directs the Secretary to convey the subsurface estate to those lands to Sealaska Corporation.Directs the Secretary of Agriculture to offer and, if accepted by Cape Fox, to exchange specified Tongass National Forest lands for lands and interests identified by Cape Fox from specified lands previously conveyed to it. States that the Cape Fox land conveyed to the Federal Government shall include a public trail easement unless the Secretary of Agriculture agrees otherwise.Requires the Secretary of the Interior, upon conveyance by Cape Fox of such lands and conveyance and relinquishment by Sealaska of the subsurface estate underlying those lands and other specified Tongass National Forest lands, to convey to Sealaska Tongass National Forest lands selected by Sealaska from a specified area. Requires: (1) such exchange to be considered a modification of the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement; and (2) conveyances under this Act by the Federal Government to be considered to be conveyances pursuant to ANCSA.Subjects Federal lands conveyed to Cape Fox and Sealaska under this Act to reservations of public easements only as mutually agreed to in the relevant exchange agreements, with such easements to be for access across the lands conveyed for use of national forests or other public land."}
{"article": "SECTION 1. SELECTION PANEL TO RECOMMEND INDIVIDUALS FOR COMMISSIONER OF INTERNAL REVENUE. (a) President To Nominate New Commissioner From Individuals Recommended by Selection Commission.--Subsection (a) of section 7802 of the Internal Revenue Code of 1986 (relating to Commissioner of Internal Revenue; Assistant Commissioners; Taxpayer Advocate) is amended by inserting ``from individuals recommended by the Selection Commission under subsection (e)'' after ``appointed by the President''. (b) Selection Commission.--Section 7802 of such Code is amended by adding at the end the following new subsection: ``(e) Selection of Commissioner of Internal Revenue.-- ``(1) In general.--When a vacancy occurs (or is expected to occur within 150 days) in the office of Commissioner of Revenue, a Selection Commission is established to recommend individuals to the President for appointment to the vacant office. ``(2) Selection commission.--The Selection Commission shall be composed of 5 individuals (from among individuals having contacts with the Internal Revenue Service in a professional capacity) appointed by the following organizations as follows: ``(A) A representative from the American Institute of Certified Public Accountants who is a certified public accountant. ``(B) A representative from the American Bar Association who is a member of the Tax Division. ``(C) A scientist from the National Academy of Scientists. ``(D) An engineer from the Institute for Electronic and Electrical Engineers. ``(E) An economist from the American Economics Association. A vacancy in the Selection Commission shall be filled not later than 14 days after the date of the creation of the vacancy in the manner in which the original appointment was made. ``(3) Minimum number of recommended individuals.--A Selection Commission shall recommend at least 3 individuals. The President may request the Selection Commission to recommend additional individuals. ``(4) Deadline for recommendations.--Except for additional recommendations requested by the President under paragraph (3), the Selection Commission shall make its recommendations for Commissioner of Internal Revenue not later than 60 days after the date such Commission is established. ``(5) Administrative provisions.-- ``(A) Chairperson.--The Chairperson of the Selection Commission shall be elected by the members. If not so elected within the 10-day period beginning on the date the Selection Commission first meets, the Chairperson shall be appointed by the President. ``(B) Rates of pay.--Members of the Selection Commission shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule (level III in the case of the Chairman of the Selection Commission) for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Selection Commission. ``(C) Travel expenses.--Each member of the Selection Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. ``(D) Staff.--The Selection Commission shall appoint a Director who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule. With the approval of the Selection Commission, the Director may appoint and fix the pay of not more than 2 additional employees who shall be paid at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule. ``(E) Applicability of certain civil service laws.--The Director and staff of the Selection Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. ``(F) Meetings.--The meetings of the Selection Commission shall be in executive session. ``(G) Mails.--The Selection Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. ``(6) Termination.--The Selection Commission shall terminate at the close of the 7th day after the date on which an individual recommended by the Commission is sworn in as Commissioner of Internal Revenue.'' (c) Term of Commissioner of Internal Revenue.--Subsection (a) of section 7802 of such Code is amended by adding at the end the following new sentence: ``The term of the Commissioner of Internal Revenue is 6 years.'' (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act but the amendment made by subsection (c) shall not apply to the individual holding the office of Commissioner of Internal Revenue on such date.", "summary": "Amends the Internal Revenue Code to provide that the Commissioner of Internal Revenue shall: (1) be appointed from among individuals recommended by a Selection Commission established (upon Commissioner vacancy) by this Act; and (2) serve a six-year term."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Expand and Rebuild America's Schools Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many States and school districts will need to build new schools in order to accommodate increasing student enrollments; the Department of Education has predicted that the Nation will need 6,000 more schools by the year 2006. (2) In response to reduced class mandates enforced by State governments and increased enrollment, many school districts have been forced to utilize temporary classrooms and other structures to accommodate increased school populations, along with resorting to year-round schedules for students. (3) Research has proven a direct correlation between the condition of school facilities and student achievement. Recently, researchers found that students assigned to schools in poor condition can be expected to fall 10.9 percentage points behind those in buildings in excellent condition. Similar studies have demonstrated up to a 20 percent improvement in test scores when students were moved from a school with poor facilities to a new facility. (4) While school construction and maintenance are primarily a State and local concern, States and communities have not, on their own, met the increasing burden of providing acceptable school facilities, and the poorest communities have had the greatest difficulty meeting this need. (5) Many local educational agencies have difficulties securing financing for school facility construction and renovation, especially in States that require a \\2/3\\ majority of voter approval for the passage of local bond initiatives. (6) The Federal Government, by providing interest subsidies and similar types of support, can lower the costs of State and local school infrastructure investment, creating an incentive for businesses to support local school infrastructure improvement efforts. (7) The United States competitive position within the world economy is vulnerable if America's future workforce continues to be educated in schools not equipped for the 21st century. America must do everything in its power to properly educate its people to compete in the global marketplace. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to encourage public-private partnerships for the financing of school construction and expansion, and (2) to help local educational agencies bring all public school facilities up to an acceptable standard and build the additional classrooms needed to educate the growing number of students who will enroll in the next decade. SEC. 4. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45D. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS. ``(a) Allowance of Credit.--In the case of an eligible taxpayer who holds a school construction bond on the credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b). ``(b) Amount of Credit.--The amount of the credit determined under this subsection with respect to any school construction bond is the amount equal to the product of-- ``(1) the credit rate determined by the Secretary under section 1397E(b)(2) for the month in which such bond was issued, multiplied by ``(2) the face amount of the bond held by the taxpayer on the credit allowance date. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(d) School Construction Bond.--For purposes of this section-- ``(1) In general.--The term `school construction bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for a qualified purpose with respect to a new qualified school established by an eligible local education agency, ``(B) the bond is issued by a State or local government within the jurisdiction of which such school is located, ``(C) the issuer-- ``(i) designates such bond for purposes of this section, ``(ii) certifies that it has written assurances that the private business contribution requirement of paragraph (2) will be met with respect to such school, and ``(iii) certifies that it has the written approval of the eligible local education agency for such bond issuance, and ``(D) the term of each bond which is part of such issue does not exceed the maximum term permitted under section 1397E(d)(3). ``(2) Private business contribution requirement.-- ``(A) In general.--For purposes of paragraph (1), the private business contribution requirement of this paragraph is met with respect to any issue if the eligible local education agency that established the qualified school has written commitments from private entities to make qualified contributions having a present value (as of the date of issuance of the issue) of not less than 10 percent of the proceeds of the issue. ``(B) Qualified contributions.--For purposes of subparagraph (A), the term `qualified contribution' means any contribution (of a type and quality acceptable to the eligible local education agency) of-- ``(i) equipment for use in the qualified school (including state-of-the-art technology and vocational equipment), ``(ii) technical assistance in developing curriculum or in training teachers in order to promote appropriate market driven technology in the classroom, ``(iii) services of employees as volunteer mentors, ``(iv) internships, field trips, or other educational opportunities outside the school for students, or ``(v) any other property or service specified by the eligible local education agency. ``(3) Qualified school.-- ``(A) In general.--The term `qualified school' means any public school which is established by and operated under the supervision of an eligible local education agency to provide education or training below the postsecondary level if-- ``(i) such public school is designed in cooperation with business to enhance the academic curriculum, increase graduation and employment rates, and better prepare students for the rigors of college and the increasingly complex workforce, ``(ii) students in such public school will be subject to the same academic standards and assessments as other students educated by the local education agency, ``(iii) a well-structured program to alleviate overcrowding and to improve students' education has been constructed and implemented in the opinion of the Secretary of Education, and ``(iv) at least 2 of the following requirements are met: ``(I) There is a reasonable expectation (as of the date of issuance of the bonds) that at least 35 percent of the population attending the such public school will be eligible for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act. ``(II) There is a reasonable expectation (as of the date of issuance of the bonds) that the student growth rate over the next 5 years for the school district in which such public school is to be located will be at least 10 percent. ``(III) The average student-teacher ratio for such district as of the date of issuance of the bonds is at least 28 to 1. ``(B) Eligible local education agency.--The term `eligible local education agency' means any local educational agency as defined in section 14101 of the Elementary and Secondary Education Act of 1965. ``(4) Qualified purpose.-- ``(A) In general.--The term `qualified purpose' means, with respect to any qualified school-- ``(i) constructing a new school facility, and ``(ii) providing equipment for use at such facility. ``(B) School facility.--The term `school facility' means a new public structure suitable for use as a classroom, laboratory, library, media center, or related facility whose primary purpose is the instruction of public elementary or secondary students. Such term does not include an athletic stadium, or any other structure or facility intended primarily for athletic exhibitions, contests, games, or events for which admission is charged to the general public. ``(5) Eligible taxpayer.--The term `eligible taxpayer' means-- ``(A) a bank (within the meaning of section 581), ``(B) an insurance company to which subchapter L applies, and ``(C) a corporation actively engaged in the business of lending money. ``(e) Limitation on Amount of Bonds Designated.-- ``(1) National limitation.--There is a national school construction bond limitation for each calendar year. Such limitation is $400,000,000 for 1998 and 1999, and, except for carryovers as provided under the rules applicable under paragraph (2), zero thereafter. ``(2) Allocation of limitation.--The national school construction bond limitation for a calendar year shall be allocated by the Secretary among the States on the basis of their respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). The limitation amount allocated to a State under the preceding sentence shall be allocated by the Secretary of Education to qualified schools within such State. ``(3) Designation subject to limitation amount.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1) with respect to any qualified school shall not exceed the limitation amount allocated to such school under paragraph (2) for such calendar year. ``(4) Carryover of unused limitation.--If for any calendar year-- ``(A) the limitation amount for any State, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified schools within such State, the limitation amount for such State for the following calendar year shall be increased by the amount of such excess. ``(f) Other Definitions.--The definitions in subsections (d)(6) and (f) of section 1397E shall apply for purposes of this section. ``(g) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section.'' (b) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Credit to holders of school construction bonds.'' (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 1997.", "summary": "Expand and Rebuild America's Schools Act of 1997 - Amends the Internal Revenue Code to allow a limited credit to eligible taxpayers holding school construction bonds. Defines such bonds. Establishes a private business contribution requirement for bond issuers. Defines as eligible taxpayers certain banks, insurance companies, and corporations. Sets a national school construction bond limit."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Veterans Benefits and Economic Welfare Improvement Act of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Military transition program. Sec. 3. Waiver of claim development period for claims under laws administered by Secretary of Veterans Affairs. Sec. 4. Tolling of timing of review for appeals of final decisions of Board of Veterans' Appeals. Sec. 5. Exclusion of certain amounts from determination of annual income with respect to pensions for veterans and surviving spouses and children of veterans. Sec. 6. Extension of authority of Secretary of Veterans Affairs to obtain certain income information from other agencies. Sec. 7. VetStar Award program. Sec. 8. Increase in amount of pension for Medal of Honor recipients. Sec. 9. Compliance with Statutory Pay-As-You-Go Act of 2010. SEC. 2. MILITARY TRANSITION PROGRAM. (a) In General.--Chapter 41 of title 38, United States Code, is amended by inserting after section 4114 the following new section: ``Sec. 4115. Military transition program ``(a) Establishment; Eligibility.--(1) Subject to the availability of appropriations for such purpose, the Secretary of Veterans Affairs and the Assistant Secretary of Labor for Veterans' Employment and Training shall jointly carry out a program of training to provide eligible veterans with skills relevant to the job market. ``(2) For purposes of this section, the term `eligible veteran' means any veteran whom the Secretary of Veterans Affairs determines-- ``(A) is not otherwise eligible for education or training services under this title; ``(B) has not acquired a marketable skill since being separated or released from service in the Armed Forces; ``(C) was discharged under honorable conditions; and ``(D)(i) has been unemployed for at least 90 days during the 180-day period preceding the date of application for the program established under this section; or ``(ii) during such 180-day period received a maximum hourly rate of pay of not more than 150 percent of the Federal minimum wage. ``(b) Apprenticeship or On-the-Job Training Program.--The program established under this section shall provide for payments to employers who provide for eligible veterans a program of apprenticeship or on- the-job training if-- ``(1) such program is approved as provided in paragraph (1) or (2) of section 3687(a) of this title; ``(2) the rate of pay for veterans participating in the program is not less than the rate of pay for nonveterans in similar jobs; and ``(3) the Assistant Secretary of Labor for Veterans' Employment and Training reasonably expects that-- ``(A) the veteran will be qualified for employment in that field upon completion of training; and ``(B) the employer providing the program will continue to employ the veteran at the completion of training. ``(c) Payments to Employers.--(1) Subject to the availability of appropriations for such purpose, the Assistant Secretary of Labor for Veterans' Employment and Training shall enter into contracts with employers to provide programs of apprenticeship or on-the-job training that meet the requirements of this section. Each such contract shall provide for the payment of the amounts described in paragraph (2) to employers whose programs meet such requirements. ``(2) The amount paid under this section with respect to any eligible veteran for any period shall be 50 percent of the wages paid by the employer to such veteran for such period. Wages shall be calculated on an hourly basis. ``(3)(A) Except as provided in subparagraph (B)-- ``(i) the amount paid under this section with respect to a veteran participating in the program established under this section may not exceed $20,000 in the aggregate or $1,666.67 per month; and ``(ii) such payments may only be made during the first 12 months of such veteran's participation in the program. ``(B) In the case of a veteran participating in the program on a less than full-time basis, the Assistant Secretary of Labor for Veterans' Employment and Training may extend the number of months of payments under subparagraph (A) and proportionally adjust the amount of such payments, but the aggregate amount paid with respect to such veteran may not exceed $20,000 and the maximum number of months of such payments may not exceed 24 months. ``(4) Payments under this section shall be made on a quarterly basis. ``(5) Each employer providing a program of apprenticeship or on- the-job training pursuant to this section shall submit to the Assistant Secretary of Labor for Veterans' Employment and Training on a quarterly basis a report certifying the wages paid to eligible veterans under such program (which shall be certified by the veteran as being correct) and containing such other information as the Assistant Secretary may specify. Such report shall be submitted in the form and manner required by the Assistant Secretary. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year for which the program is carried out. ``(e) Reporting.--The Secretary of Veterans Affairs, in coordination with the Assistant Secretary of Labor for Veterans' Employment and Training, shall include a description of activities carried out under this section in the annual report prepared submitted under section 529 of this title. ``(f) Termination.--The authority to carry out a program under this section shall terminate on September 30, 2016.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4114 the following new item: ``4115. Military transition program.''. (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 of such title is amended by striking ``and 3687'' and inserting ``3687, and 4115''. (2) Subsections (a)(1) and (c) of section 3241 of such title are each amended by striking ``section 3687'' and inserting ``sections 3687 and 4115''. (3) Subsection (d)(1) of section 3672 of such title is amended by striking ``and 3687'' and inserting ``3687, and 4115''. (4) Paragraph (3) of section 4102A(b) of such title is amended by striking ``section 3687'' and inserting ``section 3687 or 4115''. (d) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. SEC. 3. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR CLAIMS UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS. (a) In General.--Section 5101 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) If a claimant submits to the Secretary a claim that the Secretary determines is a fully developed claim, the Secretary shall provide-- ``(A) the claimant with the opportunity to waive any claim development period otherwise made available by the Secretary with respect to such claim; and ``(B) expeditious treatment to such claim. ``(2) If a person submits to the Secretary any written notification sufficient to inform the Secretary that the person plans to submit a fully developed claim and, not later than one year after submitting such notification submits to the Secretary a claim that the Secretary determines is a fully developed claim, the Secretary shall provide expeditious treatment to the claim. ``(3) If the Secretary determines that a claim submitted by a claimant as a fully developed claim is not fully developed, the Secretary shall provide such claimant with the notice described in section 5103(a) within 30 days after the Secretary makes such determination. ``(4) For purposes of this section: ``(A) The term `fully developed claim' means a claim-- ``(i) for which the claimant-- ``(I) received assistance from a veterans service officer, a State or county veterans service organization, an agent, or an attorney; or ``(II) submits, together with the claim, an appropriate indication that the claimant does not intend to submit any additional information or evidence in support of the claim and does not require additional assistance with respect to the claim; and ``(ii) for which the claimant or the claimant's representative, if any, each signs, dates, and submits a certification in writing stating that, as of such date, no additional information or evidence is available or needs to be submitted in order for the claim to be adjudicated. ``(B) The term `expeditious treatment' means, with respect to a claim for benefits under the laws administered by the Secretary, treatment of such claim so that the claim is fully processed and adjudicated within 90 days after the Secretary receives an application for such claim.''. (b) Appeals Form Availability.--Subsection (b) of section 5104 of such title is amended-- (1) by striking ``and (2)'' and inserting ``(2)''; and (2) by inserting before the period at the end the following: ``, and (3) any form or application required by the Secretary to appeal such decision''. (c) Effective Date.--The amendments made by this section shall apply with respect to claims submitted on or after the date of the enactment of this Act. SEC. 4. TOLLING OF TIMING OF REVIEW FOR APPEALS OF FINAL DECISIONS OF BOARD OF VETERANS' APPEALS. (a) In General.--Section 7266(a) of title 38, United States Code, is amended-- (1) by striking ``In order'' and inserting ``(1) Except as provided in paragraph (2), in order''; and (2) by adding at the end the following new paragraph: ``(2)(A) The 120-day period described in paragraph (1) shall be extended upon a showing of good cause for such time as justice may require. ``(B) For purposes of this paragraph, it shall be considered good cause if a person was unable to file a notice of appeal within the 120- day period because of the person's service-connected disability.''. (b) Applicability.-- (1) In general.--Paragraph (2) of section 7266(a) of such title, as added by subsection (a), shall apply to a notice of appeal filed with respect to a final decision of the Board of Veterans' Appeals that was issued on or after July 24, 2008. (2) Reinstatement.--Any petition for review filed with the Court of Appeals for Veterans Claims that was dismissed by such Court on or after July 24, 2008, as untimely, shall, upon the filing of a petition by an adversely affected person filed not later than six months after the date of the enactment of this Act, be reinstated upon a showing that the petitioner had good cause for filing the petition on the date it was filed. SEC. 5. EXCLUSION OF CERTAIN AMOUNTS FROM DETERMINATION OF ANNUAL INCOME WITH RESPECT TO PENSIONS FOR VETERANS AND SURVIVING SPOUSES AND CHILDREN OF VETERANS. (a) Certain Amounts Paid for Reimbursements and for Pain and Suffering.--Paragraph (5) of section 1503(a) of title 38, United States Code, is amended to read as follows: ``(5) payments regarding-- ``(A) reimbursements of any kind (including insurance settlement payments) for-- ``(i) expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from-- ``(I) any accident (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the equipment or vehicle involved at the time immediately preceding the accident; ``(II) any theft or loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the item or the amount of the money (including legal tender of the United States or of a foreign country) involved at the time immediately preceding the theft or loss; or ``(III) any casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the casualty loss; and ``(ii) medical expenses resulting from any accident, theft, loss, or casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this clause shall not exceed the costs of medical care provided to the victim of the accident, theft, loss, or casualty loss; and ``(B) pain and suffering (including insurance settlement payments and general damages awarded by a court) related to an accident, theft, loss, or casualty loss, but the amount excluded under this subparagraph shall not exceed an amount determined by the Secretary on a case-by-case basis;''. (b) Certain Amounts Paid by States and Municipalities as Veterans Benefits.--Section 1503(a) of title 38, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (10); (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following new paragraph (11): ``(11) payment of a monetary amount of up to $5,000 to a veteran from a State or municipality that is paid as a veterans' benefit due to injury or disease; and''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to determinations of income for calendar years beginning after October 1, 2011. SEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO OBTAIN CERTAIN INCOME INFORMATION FROM OTHER AGENCIES. Section 5317 of title 38, United States Code, is amended by striking ``September 30, 2011'' and inserting ``September 30, 2015''. SEC. 7. VETSTAR AWARD PROGRAM. (a) Establishment.--The Secretary of Veterans Affairs shall establish an award program, to be known as the ``VetStar Award Program'', to annually recognize businesses for their contributions to veterans' employment. (b) Administration.--The Secretary shall establish a process for the administration of the award program, including criteria for-- (1) categories and sectors of businesses eligible for recognition each year; and (2) objective measures to be used in selecting businesses to receive the award. (c) Veteran Defined.--In this section, the term ``veteran'' has the meaning given that term in section 101(2) of title 38, United States Code. SEC. 8. INCREASE IN AMOUNT OF PENSION FOR MEDAL OF HONOR RECIPIENTS. Section 1562(a) of title 38, United States Code, is amended by striking ``$1,000'' and inserting ``$2,000''. SEC. 9. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives September 28, 2010. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Veterans Benefits and Economic Welfare Improvement Act of 2010 - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) and the Assistant Secretary of Labor for Veterans' Employment and Training to carry out a joint training program to provide eligible veterans with skills relevant to the job market. Makes eligible for such program any veteran who: (1) is not otherwise eligible for education or training services through the VA; (2) has not acquired a marketable skill since being separated or released from military service; (3) was discharged under honorable conditions; and (4) has been unemployed for at least 90 days during the 180-day period preceding program application, or, during such 180-day period, received a maximum hourly pay rate of not more than 150% of the federal minimum wage. Allows for payments to employers for the provision of apprenticeship or on-job training under such program. Authorizes appropriations. Terminates the program at the end of FY2016. (Sec. 3) Allows a VA benefits claimant to waive any claim development period upon submission of a fully developed claim, and requires the Secretary to provide expeditious treatment of such a claim. Requires the Secretary to notify a claimant of a non-fully developed claim within 30 days after that determination. Directs the Secretary, in denying a benefit, to include in a notice of that decision any form or application required to appeal the decision. (Sec. 4) Extends the 120-day time limit for the filing of a notice of appeal of a final decision of the Board of Veterans' Appeals for such time as justice may require, upon a showing of good cause. Applies such extension retroactively to final Board decisions issued on or after July 24, 2008. (Sec. 5) Excludes from annual income, for purposes of eligibility for VA pension benefits for veterans and their surviving spouses and children: (1) reimbursements for expenses resulting from any accident, theft or loss, or casualty loss, or medical expenses or pain and suffering related to such accidents or losses; and (2) payments of up to $5,000 paid by a state or municipality as a veterans' benefit due to injury or disease. (Sec. 6) Extends through FY2015 VA authority to obtain veterans' income verification information from the Commissioner of Social Security or the Secretary of the Treasury. (Sec. 7) Directs the Secretary to establish the VetStar Award Program to recognize annually businesses for their contribution to veterans' employment. (Sec. 8) Increases from $1,000 to $2,000 the special monthly pension for Medal of Honor recipients. (Sec. 9) Requires the budgetary effects of this Act to be determined by reference to the latest statement titled \"Budgetary Effects of PAYGO Legislation\" for this Act, provided such statement has been submitted prior to the vote on passage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Shareholder Protection Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Corporations make significant political contributions and expenditures that directly or indirectly influence the election of candidates and support or oppose political causes. Decisions to use corporate funds for political contributions and expenditures are usually made by corporate boards and executives, rather than shareholders. (2) Corporations, acting through their boards and executives, are obligated to conduct business for the best interests of their owners, the shareholders. (3) Historically, shareholders have not had a way to know, or to influence, the political activities of corporations they own. Shareholders and the public have a right to know how corporations are spending their funds to make political contributions or expenditures benefitting candidates, political parties, and political causes. (4) Corporations should be accountable to their shareholders in making political contributions or expenditures affecting Federal governance and public policy. Requiring the express approval of a corporation's shareholders prior to making political contributions or expenditures will establish necessary accountability. SEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY. The Securities Exchange Act of 1934 is amended by inserting after section 14B the following new section: ``SEC. 14C. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES AND DISCLOSURE OF VOTES OF INSTITUTIONAL INVESTORS. ``(a) Shareholder Authorization for Political Expenditures.--Any solicitation of any proxy or consent or authorization in respect of any security of an issuer shall-- ``(1) contain a description of the specific nature of any expenditures for political activities proposed to be made by the issuer for the forthcoming fiscal year not previously approved, to the extent the specific nature is known to the issuer and including the total amount of such proposed expenditures; and ``(2) provide for a separate shareholder vote to authorize such proposed expenditures in such amount. ``(b) Requirements for Expenditures.--No issuer shall make any expenditure for political activities in any fiscal year unless-- ``(1) such expenditure is of the nature of those proposed by the issuer pursuant to subsection (a)(1); and ``(2) authorization for such expenditures has been granted by votes representing a majority of outstanding shares pursuant to subsection (a)(2). ``(c) Fiduciary Duty; Liability.--A violation of subsection (b) shall be considered a breach of a fiduciary duty of the officers and directors who authorized such an expenditure. The officers and directors who authorize such an expenditure without first obtaining such authorization of shareholders shall be jointly and severally liable in any action brought in any court of competent jurisdiction to any individual or class of individuals who held shares at the time such expenditure was made for an amount equal to 3 times the amount of such expenditure. ``(d) Definition of Expenditure for Political Activities.--As used in this section: ``(1) The term `expenditure for political activities' means-- ``(A) an independent expenditure, as such term is defined in section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)); ``(B) an electioneering communication, as such term is defined in section 304(f)(3) of such Act (2 U.S.C. 434(f)(3)) and any other public communication (as such term is defined in section 301(22) of such Act (2 U.S.C. 431(22))) that would be an electioneering communication if it were a broadcast, cable, or satellite communication; or ``(C) dues or other payments to trade associations or other tax exempt organizations that are, or could reasonably be anticipated to be, used or transferred to another association or organization for the purposes described in subparagraph (A) or (B). ``(2) Such term shall not include-- ``(A) direct lobbying efforts through registered lobbyists employed or hired by the issuer; ``(B) communications by an issuer to its shareholders and executive or administrative personnel and their families; or ``(C) the establishment and administration of contributions to a separate segregated fund to be utilized for political purposes by a corporation. ``(e) Disclosure of Votes.--Every institutional investment manager subject to section 13(f) shall report at least annually how it voted on any shareholder vote pursuant to subsection (a), unless such vote is otherwise required to be reported publicly by rule or regulation of the Commission. Not later than 6 months after the date of enactment of this section, the Commission shall issue rules and regulations to implement this subsection. Such rules shall require that such report be made not later than 30 days after such a vote and be made available to the public through the EDGAR system as soon as practicable. ``(f) Safe Harbor for Certain Divestment Decisions.-- Notwithstanding any other provision of Federal or State law, no person may bring any civil, criminal, or administrative action against any institutional investment manager, or any employee, officer, or director thereof, based solely upon a decision of the investment manager to divest from, or not to invest in, securities of an issuer because of expenditures for political activities made by that issuer. This subsection shall not apply to any institutional investment manager, or any employee, officer, or director thereof, unless the institutional investment manager makes disclosures in accordance with regulations prescribed by the Commission.''. SEC. 4. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL ACTIVITIES. (a) Required Vote.--The Securities Exchange Act of 1934 is amended by adding after section 16 the following new section: ``SEC. 16A. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL ACTIVITIES. ``(a) Listing on Exchanges.--Effective not later than 180 days after the date of enactment of this section, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer that is not in compliance with the requirements of any portion of subsection (b). ``(b) Requirement for Vote in Corporate Bylaws.--The corporate bylaws of an issuer shall expressly provide for a vote of the directors of the issuer on any individual expenditure for political activities (as such term is defined in section 14C(d)(1)) in excess of $50,000, or any expenditure that makes the total amount spent by the issuer for the particular election (as such term is defined in section 301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(1))) $50,000 or more. An issuer shall make publicly available the individual votes of the directors required by the preceding sentence within 48 hours of the vote, including in a clear and conspicuous location on the Internet website of the issuer.''. (b) No Effect on Determination of Coordination With Candidates or Campaigns.--For purposes of determining whether an expenditure for political activities by an issuer under the Securities Exchange Act of 1934 is an independent expenditure under the Federal Election Campaign Act of 1971, the expenditure may not be treated as made in concert or cooperation with, or at the request or suggestion of, any candidate or committee solely on the grounds that any director of the issuer voted on the expenditure as required under section 16A(b) of the Securities Exchange Act of 1934 (as added by subsection (a)). SEC. 5. REPORTING REQUIREMENTS. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(r) Reporting Requirements Relating to Certain Political Expenditures.-- ``(1) Quarterly reports.--Not later than 180 days after the date of enactment of this subsection, the Commission shall modify its reporting rules under this section to require issuers to disclose quarterly any expenditure for political activities (as such term is defined in section 14C(d)(1)) made during the preceding quarter and the individual votes by board members authorizing such expenditures as required under section 16A(b). Such a report shall be filed with the Commission and provided to shareholders and shall include-- ``(A) the date of each expenditure; ``(B) the amount of each expenditure; ``(C) if the expenditure was made for or against a candidate, the name of the candidate, the office sought by and the political party affiliation of the candidate; and ``(D) the name or identity of trade associations or other tax-exempt organizations which receive dues or other payments as described in section 14C(d)(1)(B). ``(2) Annual reports.--Not later than 180 days after the date of enactment of this subsection, the Commission shall, by rule, require each issuer to include in its annual report to shareholders an annual summary of all expenditures for political activities (as such term is defined in section 14C(d)(1)) made during the preceding year in excess of $10,000. ``(3) Disclosure of materials purchased by political expenditures.--The Commission shall, by rule, require each issuer to obtain and disclose in the reports required under this section, any materials created with or purchased by any expenditure for political activities (as such term is defined in section 14C(d)) made by the issuer. Such rule shall also require that each issuer disclose such materials in a clear and conspicuous location on the Internet website of the issuer within 48 hours of obtaining the materials. ``(4) Public availability.--The Commission shall ensure that, to the greatest extent practicable, the quarterly reports required by this subsection are publicly available through the Commission website and through the EDGAR system in a manner that is searchable, sortable, and downloadable, consistent with the requirements of section 24.''. SEC. 6. REPORTS. The Securities and Exchange Commission shall annually assess the compliance of public corporations and their management with the requirements of the amendments made by this Act, and shall transmit to Congress an annual report of its findings. The Comptroller General of the United States shall periodically evaluate and report to Congress on the effectiveness of the Securities and Exchange Commission's oversight of the reporting and disclosure requirements of the amendments made by this Act. SEC. 7. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.", "summary": "Shareholder Protection Act of 2010 - (Sec. 3) Amends the Securities Exchange Act of 1934 to require that any solicitation of a proxy, consent, or authorization with respect to any security of an issuer: (1) describe the specific nature and total amount of expenditures proposed for political activities for the forthcoming fiscal year; and (2) provide for a separate shareholder vote to authorize such proposed expenditures. Prohibits an issuer from making an expenditure for political activities in any fiscal year unless: (1) such expenditure meets the requirements of this Act; and (2) authorization for such expenditure has been granted by votes representing a majority of outstanding shares. Deems a violation of such prohibition a breach of the fiduciary duty of the officers and directors who authorized the expenditure. Subjects officers and directors who authorize the expenditure without prior shareholder authorization to joint and several liability to any individual shareholder or class of individuals who held shares at the time of such expenditure for three times the expenditure's amount. Requires institutional investment managers to disclose annually in mandatory reports how they voted on corporate political expenditures. Requires the Securities and Exchange Commission (SEC) to promulgate regulations requiring: (1) investment managers to report how they voted within 30 days after the vote; and (2) the report to be made available to the public through the EDGAR system. Prohibits any person from bringing any civil, criminal, or administrative action against an institutional investment manager, or any of its employees, officers, or directors, based solely upon the investment manager's decision to either divest from, or not to invest in, the securities of an issuer based upon political expenditures made by that issuer. Applies this prohibition only to an institutional investment manager, or its employees, officers, or directors, that makes such disclosures in accordance with SEC regulations. (Sec. 4) Requires the SEC to direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer whose corporate bylaws do not expressly provide for a vote by its board of directors on any individual expenditure: (1) for political activities in excess of $50,000; or (2) that makes the total expenditures by the issuer for a particular election $50,000 or more. Requires an issuer to make the individual votes of the directors regarding any such expenditure publicly available within 48 hours. (Sec. 5) Directs the SEC to: (1) require issuers to disclose expenditures for political activities made during the preceding quarter, along with specified details, and the individual votes by board members authorizing such expenditures; (2) make such reports publicly available on its SEC website and through the EDGAR system; and (3) require each issuer to include in its annual report to shareholders a summary of all expenditures for political activities made during the preceding year in excess of $10,000. Directs the SEC to require each issuer to: (1) obtain and disclose in its mandatory reports any materials created with or purchased by any expenditure for political activities; and (2) disclose such materials in a clear and conspicuous location on its Internet website within 48 hours of obtaining the materials. (Sec. 6) Directs the SEC to assess and report to Congress annually on the compliance of public corporations and their management with the requirements of this Act. Requires the Comptroller General to evaluate and report periodically to Congress on the effectiveness of the SEC's oversight of its reporting and disclosure requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Audit Reform Act of 2010''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the Director of the Office of Management and Budget should follow the recommendations of the Government Accountability Office report entitled ``Single Audit: Opportunities Exist to Improve the Single Audit Process and Oversight'' (GAO-09-307R), issued March 13, 2009. SEC. 3. OVERSIGHT OF THE SINGLE AUDIT PROCESS. (a) Amendment to Single Audit Act.-- (1) In general.--Chapter 75 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 7508. Oversight and evaluation ``(a) Oversight and Evaluation.--The Director, or the head of the office or entity designated by the Director under subsection (c), shall monitor the risk, cost-benefit, efficiency, and effectiveness of the implementation by Federal agencies of this chapter by-- ``(1) evaluating such implementation governmentwide; and ``(2) identifying additional guidance and resources necessary to improve such implementation, including revisions to regulations, best practices, and processes. ``(b) Report.--The Director, or the head of the office or entity designated by the Director under subsection (c), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Comptroller General of the United States a report that includes the findings under subsection (a). The report shall be submitted not later than September 30 of each year and shall cover the previous year. ``(c) Designation of Oversight Entity.--The Director of the Office of Management and Budget shall designate an office in the Office of Management and Budget or another Federal entity to act on behalf of the Director under subsection (a) and submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Comptroller General of the United States a report that describes such office or entity and the resources made available to such office or entity to adequately implement the provisions of this section.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 75 of title 31, United States Code, is amended by inserting after the item relating to section 7507 the following new item: ``7508. Oversight and evaluation.''. (b) Simplified Audit Process.-- (1) Evaluation.--The Director, or the head of the office or entity designated by the Director under section 7508(c) of title 31, United States Code, shall evaluate the process for the single audit and the program-specific audit under chapter 75 of title 31, United States Code, to identify simplified alternatives for achieving the purposes of the Single Audit Act of 1984 (Public Law 98-502; 98 Stat. 2327; 31 U.S.C. 7501 note) and the Single Audit Act Amendments of 1996 (Public Law 104- 156; 110 Stat. 1396; 31 U.S.C. 7501 note) for the audits of small recipients that also achieve the proper balance between risk and cost-effective accountability for small and large recipients. (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Director, or the head of the office or entity designated by the Director under section 7508(c) of title 31, United States Code, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Comptroller General of the United States, a report on the results of the evaluation under paragraph (1). (3) Definitions.--In this subsection: (A) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (B) Large recipient.--The term ``large recipient'' means a non-Federal entity that expends a total amount of Federal awards equal to or in excess of $300,000 or such other amount specified by the Director under section 7502(a)(3) of title 31, United States Code, in any fiscal year. (C) Non-federal entity.--The term ``non-Federal entity'' has the meaning given that term under section 7501 of title 31, United States Code. (D) Small recipient.--The term ``small recipient'' means a non-Federal entity that expends a total amount of Federal awards of less than $300,000 or such other amount specified by the Director under section 7502(a)(3) of title 31, United States Code, in any fiscal year. (c) Implementation of Recommendations To Improve Audit Quality.-- (1) Evaluation.--The Director of the Office of Management and Budget shall evaluate the implementation of the recommendations made to the Office of Management and Budget by the President's Council on Integrity and Efficiency in the report entitled ``Report on National Single Audit Sampling Project,'' dated June 2007. (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Comptroller General of the United States a report on the results of the evaluation under paragraph (1). (d) Deadline for Designation of Oversight Entity.--Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall designate an office in the Office of Management and Budget or another Federal entity under section 7508(c) of title 31, United States Code.", "summary": "Government Audit Reform Act of 2010 - Expresses the sense of Congress that the Director of the Office of Management and Budget (OMB) should follow the recommendations of the Government Accountability Office (GAO) report entitled \"Single Audit: Opportunities Exist to Improve the Single Audit Process and Oversight\" (GAO-09-307R), issued March 13, 2009. Amends the Single Audit Act of 1984 to require the OMB Director (or a designee) to monitor and report annually to specified congressional committees and the Comptroller General on the risk, cost-benefit, efficiency, and effectiveness of the implementation of this Act by federal agencies by: (1) evaluating such implementation governmentwide; and (2) identifying additional guidance and resources necessary to improve such implementation, including revisions to regulations, best practices, and processes. Requires the OMB Director to designate an OMB office or another federal entity (oversight entity) to act on OMB's behalf in such monitoring and reporting. Requires the OMB Director (or a designated oversight entity) to evaluate and report to specified congressional committees and the Comptroller General on the process for the single audit and the program-specific audit to identify simplified alternatives for achieving the purposes of the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996 for the audits of small recipients that also achieve the proper balance between risk and cost-effective accountability for small and large recipients. Requires the OMB Director to evaluate and report to specified congressional committees and the Comptroller General on the implementation of the recommendations made to it by the President's Council on Integrity and Efficiency in the report entitled \"Report on National Single Audit Sampling Project,\" dated June 2007. Establishes a deadline for OMB to designate such oversight entity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrew Prior Act'' or ``Andrew's Law''. SEC. 2. DISCHARGE OF PRIVATE STUDENT LOANS. Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following: ``(12) Discharge of private educational loans in the event of the death of the borrower.-- ``(A) Definitions.--As used in this paragraph-- ``(i) the term `cosigner'-- ``(I) means any individual who is liable for the obligation of another without compensation, regardless of how designated in the contract or instrument relating to the obligation; ``(II) includes any person whose signature is requested as a condition to grant credit or to forbear on collection; and ``(III) does not include a spouse of an individual referred to in subclause (I) whose signature is needed to perfect the security interest in the loan; ``(ii) the term `private educational lender' has the same meaning as in section 140; ``(iii) the term `private education loan' has the same meaning as in section 140; and ``(iv) the term `totally and permanently disabled' means-- ``(I) with respect to a person other than a veteran, that the person is unable to engage in any substantial gainful activity because of a medically determinable physical or mental impairment that-- ``(aa) can be expected to result in death; ``(bb) has lasted for a continuous period of not less than 60 months; or ``(cc) can be expected to last for a continuous period of not less than 60 months; and ``(II) in the case of a veteran (as that term is defined in section 101 of title 38, United States Code), a determination from the Secretary of Veterans Affairs that-- ``(aa) such person has a service-connected disability or service-connected disabilities that are 100 percent disabling; or ``(bb) such person is totally disabled, based on an Individual Unemployability determination by the Secretary of Veterans Affairs. ``(B) Private educational loans discharged.--In the event of the death of a borrower of a private educational loan, or if the borrower of a private educational loan is totally and permanently disabled, neither the estate of the borrower nor any cosigner of such private educational loan shall be obligated to repay the outstanding principal or interest on the loan. ``(C) Limitations.--The Bureau-- ``(i) shall develop such safeguards as may be necessary and appropriate to prevent fraud and abuse in the discharge of liability under this subsection; and ``(ii) notwithstanding any other provision of this subsection, may promulgate regulations to reinstate the obligation of loans discharged under this subsection in any case in which the Director determines necessary to protect the public interest.''. SEC. 3. REGULATIONS. The Director of the Bureau of Consumer Financial Protection may issue such regulations as may be necessary and appropriate to carry out this Act.", "summary": "Andrew Prior Act or Andrew's Law - Amends the Truth in Lending Act to discharge the repayment obligations of the estate of a borrower and any cosigner of a private educational loan if the borrower dies or is totally and permanently disabled. Requires the Director of the Consumer Financial Protection Bureau (CFPB) to develop necessary and appropriate safeguards to prevent fraud and abuse in the discharge of those obligations. Authorizes the Director to promulgate regulations to reinstate those obligations in any case in which the Director determines that doing so is necessary to protect the public interest."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Infrastructure Protection Act'' or ``CIPA''. SEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND PREPAREDNESS. (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 121) is amended-- (1) in section 2 (6 U.S.C. 101), by inserting after paragraph (6) the following: ``(6a) EMP.--The term `EMP' means-- ``(A) an electromagnetic pulse caused by intentional means, including acts of terrorism; and ``(B) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena.''; (2) in title V (6 U.S.C. 311 et seq.), by adding at the end the following: ``SEC. 526. NATIONAL PLANNING SCENARIOS AND EDUCATION. ``The Secretary shall, to the extent practicable-- ``(1) include in national planning scenarios the threat of EMP events; and ``(2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency responders at all levels of government of the threat of EMP events.''; (3) in title III (6 U.S.C. 181 et seq.), by adding at the end of the following: ``SEC. 318. EMP RESEARCH AND DEVELOPMENT. ``(a) In General.--In furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant agencies and departments of the Federal Government and relevant owners and operators of critical infrastructure, shall, to the extent practicable, conduct research and development to mitigate the consequences of EMP events. ``(b) Scope.--The scope of the research and development under subsection (a) shall include the following: ``(1) An objective scientific analysis of the risks to critical infrastructures from a range of EMP events. ``(2) Determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events. ``(3) An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. ``(4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to EMP. ``(5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events.''; and (4) in section 201(d) (6 U.S.C. 121(d)), by adding at the end the following: ``(26)(A) Prepare and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate-- ``(i) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, including from acts of terrorism; and ``(ii) biennial updates on the status of the recommended strategy. ``(B) The recommended strategy shall-- ``(i) be based on findings of the research and development conducted under section 318; ``(ii) be developed in consultation with the relevant Federal sector-specific agencies (as defined under Homeland Security Presidential Directive-7) for critical infrastructures; ``(iii) be developed in consultation with the relevant sector coordinating councils for critical infrastructures; and ``(iv) include a classified annex as needed. ``(C) The Secretary may, if appropriate, incorporate the recommended strategy into a broader recommendation developed by the Department to help protect and prepare critical infrastructure from terrorism and other threats if, as incorporated, the strategy complies with subparagraph (B).''. (b) Clerical Amendments.--The table of contents in section 1(b) of such Act is amended-- (1) by adding at the end of the items relating to title V the following: ``Sec. 526. National planning scenarios and education.''; and (2) by adding at the end of the items relating to title III the following: ``Sec. 318. EMP research and development.''. (c) Deadline for Recommended Strategy.--The Secretary of Homeland Security shall submit the recommended strategy required under the amendment made by subsection (a)(4) by not later than one year after the date of the enactment of this Act. (d) Report.--The Secretary shall submit a report to Congress by not later than 180 days after the date of the enactment of this Act describing the progress made in, and an estimated date by which the Department of Homeland Security will have completed-- (1) including EMP (as defined in the amendment made by subsection (a)(1)) threats in national planning scenarios; (2) research and development described in the amendment made by subsection (a)(3); (3) development of the comprehensive plan required under the amendment made by subsection (a)(4); and (4) outreach to educate owners and operators of critical infrastructure, emergency planners and emergency responders at all levels of government regarding the threat of EMP events. SEC. 3. NO REGULATORY AUTHORITY. Nothing in this Act, including the amendments made by this Act, shall be construed to grant any regulatory authority. SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS. This Act, including the amendments made by this Act, may be carried out only by using funds appropriated under the authority of other laws. Passed the House of Representatives December 1, 2014. Attest: KAREN L. HAAS, Clerk.", "summary": "Critical Infrastructure Protection Act or CIPA - Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security (DHS) to: (1) include in national planning scenarios the threat of electromagnetic pulse (EMP) events; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency responders at all levels of government of the threat of EMP events. Directs the Secretary, acting through the Under Secretary for Science and Technology to conduct research and development to mitigate the consequences of EMP events, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EMP events; (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events; (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EMP; and (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. Includes among the responsibilities of the Secretary of Homeland Security relating to intelligence and analysis and infrastructure protection to prepare and submit to specified congressional committees: (1) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, including from acts of terrorism; and (2) biennial updates on the status of such strategy. Authorizes the Secretary to incorporate such strategy into a broader recommendation developed by the Department of Homeland Security (DHS) to help protect and prepare critical infrastructure from terrorism and other threats."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Affordability Act of 2014''. SEC. 2. INTEGRATED PERMITTING PROCESS. (a) In General.--Section 402(a) of the Federal Water Pollution Control Act (33 U.S.C. 1342(a)) is amended by adding at the end the following: ``(6) Integrated permits.-- ``(A) Definition of publicly owned permittee.--In this paragraph, the term `publicly owned permittee' means either-- ``(i) a treatment works (as defined in section 212) that is publicly owned; or ``(ii) a municipal separate storm sewer system referred to in this section. ``(B) Planning approach.--The Administrator shall establish a comprehensive and integrated planning approach to the obligations under this section of a publicly owned permittee-- ``(i) under which permit obligations may be implemented according to a schedule that-- ``(I) accounts for the financial capability of the publicly owned permittee; ``(II) prioritizes permit obligations according to the most cost- effective and environmentally beneficial outcomes; ``(III) accounts for the preexisting maintenance, operational, and regulatory obligations of the publicly owned permittee under this section; and ``(IV) enables the publicly owned permittee to implement innovative approaches to meet those obligations; and ``(ii) that accounts for changed circumstances in the obligations of the publicly owned permittee, such as-- ``(I) new innovative treatment approaches; ``(II) new regulatory requirements; and ``(III) changes in financial capability.''. (b) Duration of Permits.--Section 402(b)(1)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1342(b)(1)(B)) is amended by inserting before the semicolon at the end the following: ``, except that a permit with a term of more than 5 years but not more than 25 years may be approved if the permittee has an approved integrated plan established under subsection (a)(6)''. SEC. 3. UPDATING OF GUIDANCE. (a) Definitions.--In this section, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Affordability.--The term ``affordability'' means, with respect to payment of a utility bill, a measure of whether an individual customer or household can pay the bill without undue hardship or unreasonable sacrifice in the essential lifestyle or spending patterns of the individual or household, as determined by the Administrator. (3) Financial capability.--The term ``financial capability'' means the financial capability of a community to make investments necessary to make water quality-related improvements, taking into consideration the criteria described in subsection (b)(2)(A). (4) Guidance.--The term ``guidance'' means the guidance published by the Administrator entitled ``Combined Sewer Overflows--Guidance for Financial Capability Assessment and Schedule Development'' and dated February 1997, as applicable to combined sewer overflows and sanitary sewer overflows. (b) Updating.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall update the guidance to ensure that the evaluations by the Administrator of financial capability assessment and schedule development meet the criteria described in paragraph (2). (2) Criteria.--The criteria described in this paragraph are that, under the updated guidance-- (A) in assessing the financial capability of a community-- (i) greater emphasis should be placed on local economic conditions; (ii) for regional systems, consideration should be given to the economic conditions of political jurisdictions and significant demographic groups within each region; (iii) prescriptive formulas for use in calculating financial capability and thresholds for expenditure should not be considered to be the only indicator of the financial capability of a community; (iv) site-specific local conditions should be taken into consideration in analyzing financial capability; (v) a single measure of financial capability or affordability (such as median household income) should be viewed in the context of other economic measures, rather than as a threshold to be achieved; and (vi)(I) consideration should be given to the economic outlook of a community, including the potential impact of program requirements over time, in the development of implementation schedules; and (II) the assessment should take into consideration other essential community investments relating to water quality improvements; (B) with respect to the timing of implementation of water quality-related improvements-- (i) environmental improvement implementation schedules should be structured to mitigate the potential adverse impact on distressed populations resulting from the costs of the improvements; (ii) implementation schedules should reflect local community financial conditions and economic impacts; (iii) implementation schedules should allow permittees up to 30 years to implement water quality-related improvements in appropriate cases in which the cost of implementing the improvements places a high financial burden on the permittee; and (iv) existing implementation schedules should be modified in appropriate cases taking into consideration the criteria set forth in this subparagraph; (C) with respect to implementation-- (i) a determination of local financial capability may be achieved through an evaluation of an array of factors the relative importance of which may vary across regions and localities; and (ii) an appropriate methodology should give consideration to such various factors as are appropriate to recognize the prevailing and projected economic concerns in a community; and (D) the residential indicator should be revised to include-- (i) a consideration of costs imposed upon ratepayers for essential utilities; (ii) increased consideration and quantification of local community-imposed costs in regional systems; (iii) a mechanism to assess impacts on communities with disparate economic conditions throughout the entire service area of a utility; (iv) a consideration of the industrial and population trends of a community; (v) recognition that-- (I) the median household income of a service area reflects a numerical median rather than the distribution of incomes within the service area; and (II) more representative methods of determining affordability, such as shelter costs, essential utility payments, State affordability criteria, and State and local tax efforts, should be considered; (vi) a consideration of low-income ratepayer percentages; and (vii) impacts relating to program delivery, such as water quality infrastructure market saturation and program management. (3) Implementation.--The updated guidance should indicate that, in a case in which a previously approved long-term control plan or associated enforceable agreement does not prohibit modification of the plan or terms of the agreement (including financial capability considerations), and all parties are in agreement that a change is needed or that the plan or agreement does not prohibit reopening to address changes in the economic or financial status of the community since the effective date of the plan or agreement, reconsideration and modification of financial capability determinations and implementation schedules based on the criteria described in paragraph (2) is appropriate. (4) Applicability.--The Administrator shall apply the updated guidance, including the criteria described in paragraph (2), to each determination and analysis of affordability, financial capability, or widespread and substantial economic impact related to implementation of a program under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (c) Publication and Submission.--Upon completion of the updating of guidance under subsection (b), the Administrator shall publish in the Federal Register and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the updated guidance. SEC. 4. CAPITALIZATION GRANT AGREEMENTS. Section 602(b) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following: ``(11) the State will use at least 15 percent of the amount of each capitalization grant received by the State under this title after September 30, 2015, to provide assistance to municipalities of fewer than 10,000 individuals that meet the affordability criteria established by the State under section 603(i)(2) for activities included on the State's priority list established under section 603(g), to the extent that there are sufficient applications for such assistance.''. SEC. 5. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. (a) Extended Repayment Period.--Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended-- (1) in subparagraph (A) by striking ``20 years'' and inserting ``the lesser of 30 years or the design life of the project to be financed with the proceeds of the loan''; and (2) in subparagraph (B) by striking ``not later than 20 years after project completion'' and inserting ``upon the expiration of the term of the loan''. (b) Additional Subsidization.--Section 603 of such Act (33 U.S.C. 1383) is amended by adding at the end the following: ``(i) Additional Subsidization.-- ``(1) In general.--In any case in which a State provides assistance to a municipality or intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal, negative interest loans, and grants to benefit a municipality that-- ``(A) meets the State's affordability criteria established under paragraph (2); or ``(B) does not meet the State's affordability criteria if the recipient-- ``(i) seeks additional subsidization to benefit individual ratepayers in the residential user rate class; and ``(ii) demonstrates to the State that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought. ``(2) Affordability criteria.-- ``(A) Establishment.--On or before September 30, 2015, and after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under section 603(c)(1) if additional subsidization is not provided. Such criteria shall be based on income data, population trends, and other data determined relevant by the State, including whether the project or activity is to be carried out in an economically distressed area, as described in section 301 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161). ``(B) Existing criteria.--If a State has previously established, after providing notice and an opportunity for public comment, affordability criteria that meet the requirements of subparagraph (A), the State may use the criteria for the purposes of this subsection. For purposes of this Act, any such criteria shall be treated as affordability criteria established under this paragraph. ``(C) Information to assist states.--The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A). ``(3) Use of capitalization grants.--A State shall use not less than 20 percent but not more than 30 percent of the amount of the capitalization grants received by the State under this title in fiscal years beginning after September 30, 2015, to provide additional subsidization to eligible recipients under paragraph (1).''.", "summary": "Clean Water Affordability Act of 2014 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Administrator of the Environmental Protection Agency (EPA) to establish a comprehensive and integrated planning approach to the obligations concerning permits for pollutant discharges of a publicly owned permittee. Defines such a permittee as a treatment works that is publicly owned or a municipal separate storm sewer system. Requires the approach to such obligations to: (1) include requirements for a schedule under which they may be implemented, and (2) account for changed circumstances in the obligations of the publicly owned permittee. Allows approval of a permit under a state-administered program with a term of more than 5 but no more than 25 years if the permittee has an integrated plan approved under this Act. Requires the Administrator to update the guidance entitled "Combined Sewer Overflows--Guidance for Financial Capability Assessment and Schedule Development," dated February 1997, to ensure that the evaluations by the Administrator of financial capability assessment and schedule development meet specified criteria, including criteria used in: (1) assessing financial capability of a community to make investments necessary to make water quality-related improvements, and (2) implementing water quality-related improvements. Revises requirements for capitalization grant agreements with states for establishing water pollution control revolving funds. Requires states to set aside 15% of funds for assistance to municipalities of fewer than 10,000 individuals that meet specified affordability criteria. Authorizes the fund to be used to make loans at terms not to exceed 30 years or the design life of the project to be financed with the proceeds of the loan (currently 20 years). Authorizes a state to provide additional subsidization, including forgiveness of principal, negative interest loans, and grants to benefit a municipality that: (1) meets affordability criteria, or (2) does not meet such criteria if the recipient seeks the additional subsidization to benefit ratepayers that will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought. Establishes affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional's Access To Health Workforce Integration Act of 2015''. SEC. 2. CAREER SUPPORT FOR SKILLED, INTERNATIONALLY EDUCATED HEALTH PROFESSIONALS. (a) Findings.--Congress finds the following: (1) According to the Association of Schools of Public Health, projections indicate a nationwide shortage of up to 250,000 public health workers needed by 2020. (2) Similar trends are projected for other health professions indicating shortages across disciplines, including within the fields of nursing (500,000 by 2025), dentistry (15,000 by 2025), pharmacy (38,000 by 2030), mental and behavioral health, primary care (46,000 by 2025), and community and allied health. (3) A nationwide health workforce shortage will result in serious health threats and more severe and costly health care needs, due to, in part, a delayed response to food-borne outbreaks, emerging infectious diseases, natural disasters, fewer cancer screenings, and delayed treatment. (4) Vulnerable and underserved populations and health professional shortage areas will be most severely impacted by the health workforce shortage. (5) According to the Migration Policy Institute, over 2,000,000 college-educated immigrants in the United States today are unemployed or underemployed in low- or semi-skilled jobs that fail to draw on their education and expertise. (6) Approximately 2 out of every 5 internationally educated immigrants are unemployed or underemployed. (7) According to Drexel University Center for Labor Markets and Policy, underemployment for internationally educated immigrant women is 28 percent higher than for their male counterparts. (8) According to the Drexel University Center for labor markets and policy, the mean annual earnings of underemployed immigrants were $32,000, or 43 percent less than United States born college graduates employed in the college labor market. (9) According to Upwardly Global and the Welcome Back Initiative, with proper guidance and support, underemployed skilled immigrants typically increase their income by 215 percent to 900 percent. (10) According to the Brookings Institution and the Partnership for a New American Economy, immigrants working in the health workforce are, on average, better educated than United States-born workers in the health workforce. (b) Grants to Eligible Entities.-- (1) Authority to provide grants.--The Secretary of Health and Human Services acting through the Bureau of Health Workforce within the Health Resources and Services Administration, the National Institute on Minority Health and Health Disparities, or the Office of Minority Health (in this section referred to as the ``Secretary'') may award grants to eligible entities to carry out activities described in subsection (c). (2) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- (A) be a clinical, public health, or health services organization, a community-based or nonprofit entity, an academic institution, a faith-based organization, a State, county, or local government, an Area Health Education Center, or another entity determined appropriate by the Secretary; and (B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Authorized Activities.--A grant awarded under this section shall be used-- (1) to provide services to assist unemployed and underemployed skilled immigrants, residing in the United States, who have legal, permanent work authorization and who are internationally educated health professionals, enter into the American health workforce with employment matching their health professional skills and education, and advance in employment to positions that better match their health professional education and expertise; (2) to provide training opportunities to reduce barriers to entry and advancement in the health workforce for skilled, internationally educated immigrants; (3) to educate employers regarding the abilities and capacities of internationally educated health professionals; (4) to assist in the evaluation of foreign credentials; and (5) to facilitate access to contextualized and accelerated courses on English as a second language. (d) Definition.--In this section: (1) The term ``health professional'' means an individual trained for employment or intended employment in the field of public health, health management, dentistry, health administration, medicine, nursing, pharmacy, psychology, social work, psychiatry, other mental and behavioral health, allied health, community health or wellness work, including fitness and nutrition, or other fields as determined appropriate by the Secretary. (2) The term ``underemployed'' means being employed at less skilled tasks than an employee's training or abilities would otherwise permit. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2020.", "summary": "Professional's Access To Health Workforce Integration Act of 2015 Directs the Department of Health and Human Services, acting through the Bureau of Health Workforce within the Health Resources and Services Administration, the National Institute on Minority Health and Health Disparities, or the Office of Minority Health (HHS), to award grants to eligible entities to: provide services to assist unemployed and underemployed skilled immigrants residing in the United States, who have legal, permanent work authorization and who are internationally educated health professionals, in entering into and advancing in the American health workforce with employment matching their health professional skills, education, and expertise; provide training opportunities to reduce barriers to entry and advancement in the health workforce for skilled, internationally educated immigrants; educate employers regarding the abilities and capacities of internationally educated health professionals; assist in the evaluation of foreign credentials; and facilitate access to contextualized and accelerated courses on English as a second language. Includes as an eligible entity a clinical, public health, or health services organization, a community-based or nonprofit entity, an academic institution, a faith-based organization, a state, county, or local government, or an Area Health Education Center that submits an application that meets HHS requirements. Defines "health professional" as an individual trained for employment or intended employment in specified fields, including public health, health management, dentistry, health administration, medicine, nursing, pharmacy, psychology, social work, psychiatry, and other mental and behavioral health, allied health, and community health or wellness work."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Monument Creation and Protection Act'' or the ``National Monument CAP Act''. SEC. 2. LIMITATION ON SIZE; CLARIFICATION OF ELIGIBLE OBJECTS. Section 320301 of title 54, United States Code, is amended-- (1) in subsection (a), by striking ``historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest'' and inserting ``object or objects of antiquity''; (2) in subsection (b), by striking ``confined to the smallest area compatible with the proper care and management of the objects to be protected'' and inserting ``in accordance with the limitations outlined in subsections (e), (f), (g), and (h)''; and (3) by adding at the end the following: ``(e) Limitation on Size of National Monuments.--Except as provided by subsections (f), (g), and (h), after the date of the enactment of this subsection, land may not be declared under this section in a configuration that would create a national monument-- ``(1) that is more than 640 acres; and ``(2) whose exterior boundary is less than 50 miles from the closest exterior boundary of another national monument declared under this section. ``(f) Exception for Monuments of Less Than 5,000 Acres.--Subsection (e) shall not apply to the designation of a national monument under this section if the national monument so designated-- ``(1) would be less than 5,000 acres; ``(2) would have all exterior boundaries 50 miles or more from the closest exterior boundary of another national monument declared under this section; and ``(3) has been reviewed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Secretary of the Interior or the Secretary of Agriculture, as appropriate. ``(g) Exception for Monuments of 5,000 Acres and up to 10,000 Acres.-- ``(1) In general.--Subsection (e) shall not apply to the designation of a national monument under this section if the national monument so designated-- ``(A) would be at least 5,000 acres but not more than 10,000 acres; and ``(B) would have all exterior boundaries 50 miles or more from the closest exterior boundary of another national monument declaration under this section. ``(2) Other requirement.--A monument described in this subsection shall be subject to the preparation of an environmental assessment or environmental impact statement as part of a review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The choice of environmental review document shall be within the discretion of the Secretary of the Interior or the Secretary of Agriculture, as appropriate. ``(h) Exception for Monuments 10,000 Acres and up to 85,000 Acres.--Subsection (e) shall not apply to the designation of a national monument under this section if the national monument so designated-- ``(1) would be at least 10,000 acres but not more than 85,000 acres; ``(2) would have all exterior boundaries 50 miles or more from the closest exterior boundary of another national monument declaration under this section; and ``(3) has been approved by the elected governing body of each county (or county equivalent), the legislature of each State, and the Governor of each State within whose boundaries the national monument will be located (and the Governor of each such State has transmitted a copy of each such approval to the President). ``(i) Exception for Emergency Designation.-- ``(1) In general.--Subsection (e) shall not apply to the designation under this section of a national monument of any acreage amount if designation is made to prevent imminent and irreparable harm to the object or objects of antiquity to be protected by the designation. ``(2) One year limitation.--A national monument designation under this subsection shall terminate on the date that is one calendar year after the date of the designation. ``(3) One time designation.--Land designated as a national monument under this subsection-- ``(A) may only be so designated one time; and ``(B) may not also be permanently designated as a national monument under this section. ``(4) Rights and uses.--Land designated as a national monument under this subsection shall remain subject to-- ``(A) valid existing rights; and ``(B) uses allowed on the day before such designation under an applicable Resource Management Plan or Forest Plan. ``(j) Presidential Authority To Reduce Size of Declared Monuments.--The President may-- ``(1) reduce the size of any national monument declared under this section by 85,000 acres or less; or ``(2) reduce the size of any national monument declared under this section by more than 85,000 acres only if the reduction-- ``(A) has been approved by the elected governing body of each county (or county equivalent), the legislature of each State, and the Governor of each State within whose boundaries the national monument will be located (and the Governor of each such State has transmitted a copy of each such approval to the President); and ``(B) has been reviewed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Secretary of the Interior or the Secretary of Agriculture, as appropriate. ``(k) Non-Federally Owned Property.--After the date of the enactment of this subsection, land may not be declared as a national monument under this section in a configuration that would place non- federally owned property within the exterior boundaries of the national monument without the express written consent of the owners of that non- federally owned property. ``(l) Effect of Declaration on Federal Funds.--No declaration under this section shall be construed to increase the amount of Federal funds that are authorized to be appropriated for any fiscal year. ``(m) Water Rights Associated With a Declaration.--Water rights associated with a declaration under this section-- ``(1) may not be reserved expressly or by implication by a declaration under this section; and ``(2) may be acquired for a declaration under this section only in accordance with the laws of the State in which the water rights are based. ``(n) Definitions.--For the purposes of this section: ``(1) Declaration; declared.--The terms `declaration' and `declared' shall only include the creation or expansion of a national monument under this section. ``(2) Land.--The term `land' shall not include submerged land or water. ``(3) Object or objects of antiquity.-- ``(A) The term `object or objects of antiquity' means-- ``(i) relics; ``(ii) artifacts; ``(iii) human or animal skeletal remains; ``(iv) fossils (other than fossil fuels); and ``(v) certain buildings constructed before the date of the enactment of this subsection. ``(B) The term `object or objects of antiquity' does not include-- ``(i) natural geographic features; and ``(ii) objects not made by humans, except fossils (other than fossil fuels) or human or animal skeletal remains.''.", "summary": "National Monument Creation and Protection Act This bill amends the Antiquities Act of 1906 to allow the President to declare by public proclamation an object or objects of antiquity (currently, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest) that are situated on lands owned or controlled by the federal government to be national monuments. "Objects of antiquity" means relics, artifacts, human or animal skeletal remains, fossils, and certain buildings constructed before enactment of this bill. The bill prescribes limits on land that may be declared to be a national monument based on acreage, proximity to other national monuments, whether it has been reviewed by the Department of the Interior or Agriculture (USDA) under the National Environmental Policy Act, and whether it has been approved by each county and state within whose boundaries it will be located. Such limitation shall not apply to a designation made to prevent imminent and irreparable harm to the object or objects of antiquity to be protected. Such exception shall end after one year and may be used only once. The President may reduce the size of any declared national monument: (1) by 85,000 acres or less; or (2) by more than 85,000 acres only if the reduction has been approved by each county and state within whose boundaries the monument will be located and reviewed by Interior or USDA under the National Environmental Policy Act. The bill prohibits any land from being declared as a national monument in a configuration that would place nonfederally owned property within the monument without first obtaining the owners' written consent."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Veteran Home Loan Act ''. SEC. 2. PERMANENT AUTHORITY TO MAKE DIRECT HOUSING LOANS TO NATIVE AMERICAN VETERANS. (a) Permanent Authority.--Section 3761 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``establish and implement a pilot program under which the Secretary may'' in the first sentence; and (B) by striking ``shall establish and implement the pilot program'' in the third sentence and inserting ``shall make such loans''; (2) in subsection (b), by striking ``In carrying out the pilot program under this subchapter, the'' and inserting ``The''; and (3) by striking subsection (c). (b) Conforming Amendments.--Section 3762 of such title is amended-- (1) in subsection (b)(1)(E), by striking ``the pilot program established under this subchapter is implemented'' and inserting ``loans under this subchapter are made''; (2) in subsection (c)(1)(B), by striking ``carry out the pilot program under this subchapter in a manner that demonstrates the advisability of making direct housing loans'' in the second sentence and inserting ``make direct housing loans under this subchapter''; (3) in subsection (i)-- (A) by striking ``the pilot program provided for under this subchapter and'' in paragraph (1); (B) by striking ``under the pilot program and in assisting such organizations and veterans in participating in the pilot program.'' in paragraph (2)(A) and inserting ``under this subchapter and in assisting such organizations and veterans with respect to such housing benefits.''; and (C) by striking ``in participating in the pilot program.'' in paragraph (2)(E) and inserting ``with respect to such benefits.''; (4) in subsection (j)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``through 2006''; and (ii) by striking ``the implementation of the pilot program'' and inserting ``activities conducted''; and (B) by striking ``pilot program'' each place it appears in paragraphs (3), (4), and (5) and inserting ``housing benefits under this subchapter''. (c) Establishment of Maximum Amount of Loans.--(1) Subsection (c)(1)(B) of section 3762 of such title is amended-- (A) by striking ``(B) The'' and inserting ``(B)(i) The''; (B) by striking ``The amount'' in the second sentence and inserting ``Subject to clause (ii), the amount''; and (C) by adding at the end the following new clause: ``(ii) The amount of any increase under clause (i) may not exceed an amount determined by subtracting-- ``(I) the amount referred to in subparagraph (A), from ``(II) the amount of the Freddie Mac conforming loan limit limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted for the year involved.''. (2) Subsection (j)(1) of such section is amended by inserting ``referred to in subsection (c)(1)(A)'' before the period at the end. (d) Technical Amendment.--Subsection (c)(1)(A) of section 3762 of such title is amended by inserting ``veteran'' after ``Native American''. (e) Clerical Amendments.--(1) The heading for subchapter V of chapter 37 of such title is amended to read as follows: ``SUBCHAPTER V--DIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS''. (2) The heading for section 3761 of such title is amended to read as follows: ``Sec. 3761. Permanent authority to make direct housing loans to Native American veterans''. (3) The table of sections at the beginning of chapter 37 of such title is amended by striking the items relating to subchapter V and section 3761 and inserting the following new items: ``subchapter v--direct housing loans for native american veterans ``3761. Permanent authority to make direct housing loans to Native American veterans.''. SEC. 3. EXTENSION OF ELIGIBILITY FOR DIRECT LOANS FOR NATIVE AMERICAN VETERANS TO A VETERAN WHO IS THE SPOUSE OF A NATIVE AMERICAN. (a) Extension.--Subchapter V of chapter 37 of title 38, United States Code, is amended-- (1) by redesignating section 3764 as section 3765; and (2) by inserting after section 3763 the following new section: ``Sec. 3764. Qualified non-Native American veterans ``(a) Subject to the succeeding provisions of this section, for purposes of this subchapter, a qualified non-Native American veteran is deemed to be a Native American veteran, except that any reference in this subchapter to the jurisdiction of a tribal organization over a Native American veteran is deemed to be a reference to the Native American spouse of the qualified non-Native American veteran. ``(b) In making direct loans under this subchapter to a qualified non-Native American veteran, the Secretary shall ensure that the tribal organization permits, and the qualified non-Native American veteran actually holds, possesses, or purchases, using the proceeds of the loan, jointly with the Native American spouse of the qualified non- Native American veteran, a meaningful interest in the lot, dwelling, or both, that is located on trust land. ``(c) Nothing in subsection (b) shall be construed as precluding a tribal organization from imposing reasonable restrictions on the right of the qualified non-Native American veteran to convey, assign, or otherwise dispose of such interest in the lot, dwelling, or both if such restrictions are designed to ensure the continuation in trust status of the lot, dwelling, or both. Such requirements may include the termination of the interest of the qualified non-Native American veteran in the lot, dwelling, or both upon the dissolution of the marriage of the qualified non-Native American veteran to the Native American spouse.''. (b) Conforming Amendments.--Section 3765 of such title, as redesignated by subsection (a), is amended by adding at the end the following new paragraph: ``(5) The term `qualified non-Native American veteran' means a veteran who-- ``(A) is the spouse of a Native American, but ``(B) is not a Native American.''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 37 of such title is amended by striking the item relating to section 3764 and inserting after the item relating to section 3763 the following new items: ``3764. Qualified non-Native American veterans. ``3765. Definitions.''.", "summary": "Native American Veteran Home Loan Act - Amends Federal veterans law to: (1) convert into a permanent program the pilot program (set to expire after December 31, 2008) under which the Secretary of Veterans Affairs may make direct housing loans to Native American veterans; (2) limit the amount of any increase in the principal amount of any direct housing loan made to a Native American; and (3) extend the eligibility for such direct loans to a non-Native American veteran who is the spouse of a Native American."}
{"article": "SECTION 1. HOMEBUYER CREDIT ALLOWED FOR ANY PURCHASE OF PRINCIPAL RESIDENCE. (a) In General.--Subsection (a) of section 36 of the Internal Revenue Code of 1986 is amended by striking ``who is a first-time homebuyer of a principal residence'' and inserting ``who purchases a principal residence''. (b) Application to Only 1 Sale.--Subsection (b) of section 36 of such Code is amended by adding at the end the following new paragraph: ``(3) Application to only 1 sale.-- ``(A) In general.--Subsection (a) shall not apply to more than 1 sale or exchange of a principal residence by the individual. ``(B) Special rule for joint returns.--In the case of a joint return with respect to the sale or exchange of a principal residence, if a credit was allowable under subsection (a) to a spouse for a prior sale or exchange of a principal residence, paragraph (1) shall be applied by reducing the $8,000 in subparagraph (A) thereof and the $4,000 in subparagraph (B) thereof by the credit so allowable (one-half of such credit in the case of a joint return).''. (c) Conforming Amendments.-- (1) Subsection (c) of section 36 of such Code is amended by striking paragraph (1) (defining first-time homebuyer) and by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (2) The heading for section 36 of such Code is amended by striking ``First-time''. (3) The item in the table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code relating to section 36 is amended to read as follows: ``Sec. Homebuyer credit.''. (d) Effective Date.--The amendments made by this section shall apply to residences purchased after the date of the enactment of this Act. SEC. 2. 1-YEAR EXTENSION OF HOMEBUYER CREDIT. (a) In General.--Subsection (h) of section 36 of the Internal Revenue Code is amended by striking ``December 1, 2009'' and inserting ``December 1, 2010''. (b) Extension of Waiver of Recapture.--Subparagraph (D) of section 36(f)(4) of such Code is amended-- (1) by striking ``December 1, 2009'' and inserting ``December 1, 2010'', and (2) in the heading by striking ``for purchases in 2009'' and inserting ``certain purchases''. (c) Election To Treat Purchase in Prior Year.--Subsection (g) of such Code is amended to read as follows: ``(g) Election To Treat Purchase in Prior Year.--For purposes of this section (other than subsections (c) and (f)(4)(D)), a taxpayer may elect to treat a purchase of a principal residence-- ``(1) after December 31, 2008, and before January 1, 2010, as made on December 31, 2008, and ``(2) after December 31, 2009, and before December 1, 2010, as made on December 31, 2009.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. DEDUCTION FOR LOSS FROM SALE OF PRINCIPAL RESIDENCE. (a) In General.--Part VII of subchapter B of chapter I of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. LOSS FROM SALE OF PRINCIPAL RESIDENCE. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year any loss recognized on the sale or exchange of property during the taxable year if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as the taxpayer's principal residence for periods aggregating 2 years or more. ``(b) Limitations.-- ``(1) Aggregate limitation.--The aggregate amount allowed as a deduction under subsection (a) for all taxable years shall not exceed $6,000 ($12,000 in the case of a joint return). ``(2) Annual limitation.-- ``(A) In general.--The amount allowed to a taxpayer as a deduction under subsection (a) for a taxable year shall not exceed $2,000 ($4,000 in the case of a joint return). ``(B) Carryforward.--If the deduction allowable under subsection (a) for any taxable year exceeds the limitation imposed by subparagraph (A) for the taxable year, the excess shall be carried to each of the 2 succeeding taxable years and added to the deduction allowable under subsection (a) for such succeeding year. ``(3) Exclusion of loss allocated to nonqualified use.-- ``(A) In general.--Subsection (a) shall not apply to so much of the loss from the sale or exchange of property as is allocated to periods of nonqualified use. ``(B) Allocation.--For purposes of subparagraph (A), loss shall be allocated to periods of nonqualified use based on the ratio which-- ``(i) the aggregate periods of nonqualified use during the period such property was owned by the taxpayer, bears to ``(ii) the period such property was owned by the taxpayer. ``(C) Period of nonqualified use; coordination with recognition of gain attributable to depreciation.--For purposes of this paragraph, rules similar to the rules of subparagraphs (C) and (D) of section 121(b)(5) shall apply. ``(4) Application to only 1 sale.-- ``(A) In general.--Subsection (a) shall not apply to more than 1 sale or exchange of a principal residence by the taxpayer. ``(B) Special rule for joint returns.--In the case of a joint return with respect to the sale or exchange of a principal residence, if a deduction was allowable under subsection (a) to a spouse for a prior sale or exchange of a principal residence, paragraphs (1) and (2)(A) shall be applied by reducing the dollar amounts therein by the deduction so allowable (one-half of such deduction in the case of a joint return). ``(c) Applicable Rules.--For purposes of this section, rules similar to the rules of subsection (d) of section 121 shall apply, except that paragraph (6) thereof shall be applied by substituting `loss' for `gain'. ``(d) Election To Have Section Not Apply.--This section shall not apply to any sale or exchange with respect to which the taxpayer elects not to have this section apply. ``(e) Termination.--The section shall not apply to the sale or exchange of a principal residence after December 31, 2010.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: ``(22) Loss from sale of principal residence.--The deduction allowed by section 224.''. (c) Clerical Amendments.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 and inserting the following: ``Sec. 224. Loss from sale of principal residence. ``Sec. 225. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.", "summary": "Amends the Internal Revenue Code relating to the first-time homebuyer tax credit to: (1) extend such credit to all purchasers of a principal residence; (2) limit the credit to one sale or exchange of a principal residence; and (3) extend such credit through November 30, 2010. Allows individual taxpayers a tax deduction through 2010 for losses from the sale or exchange of a principal residence."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Benefits Administration Improvement Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Veterans Benefits Administration of the Department of Veterans Affairs is responsible for the timely and accurate processing of claims for veterans compensation and pension. (2) The accuracy of claims processing within the Veterans Benefits Administration has been a subject of concern to veterans, Congress, and the Department of Veterans Affairs. (3) While the Veterans Benefits Administration has reported in the past a 95 percent accuracy rate in processing claims, a new accuracy measurement system known as the Systematic Technical Accuracy Review found that, in 1998 and again in 2000, initial reviews of veterans claims were accurate only 64 percent of the time. (4) The Veterans Benefits Administration could lose up to 30 percent of its workforce to retirement by 2003, making adequate training for claims adjudicators even more necessary to ensure veterans claims are processed efficiently. (5) The Veterans Benefits Administration needs to take more aggressive steps to ensure that veterans claims are processed in an accurate and timely fashion so as to avoid unnecessary delays in providing veterans with compensation and pension benefits. (6) In 2001 the expected appeals processing time for a claim from notice of disagreement to final decision is 621 days. (7) As of September 2001, the Veterans Benefits Administration backlog of pending work was 533,029 claims. SEC. 3. IMPROVEMENT OF PROCESSING OF VETERANS BENEFITS CLAIMS. (a) Plan Required.--Not later than 90 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives, the Majority Leader of the Senate, and the Speaker of the House of Representatives a comprehensive plan for the improvement of the processing of claims for veterans compensation and pension. (b) Elements.--The plan under subsection (a) shall include the following: (1) Mechanisms for the improvement of training of claims adjudicators and for the enhancement of employee accountability standards in order to ensure that initial reviews of claims are accurate and that unnecessary appeals of benefit decisions and delays in benefit payments are avoided. (2) Mechanisms for strengthening the ability of the Veterans Benefits Administration to identify recurring errors in claims adjudications by improving data collection and management relating to-- (A) the human body and impairments common in disability and pension claims; and (B) recurring deficiencies in medical evidence and examinations. (3) Mechanisms for implementing a system for reviewing claims processing accuracy that meets the internal control standard of the Federal Government on separation of duties and the program performance audit standard of the Federal Government on organizational independence. (4) Mechanisms for evaluating the impact of the Training and Performance Support System on the accuracy and consistency of claims processing. (5) Quantifiable goals for each of the mechanisms developed under paragraphs (1) through (4). (c) Consultation.--In developing the plan under subsection (a), the Secretary shall consult with and obtain the views of veterans organizations, county veteran service associations, and other interested parties. (d) Implementation.--The Secretary shall implement the plan under subsection (a) commencing 60 days after the date of the submittal of the plan under that subsection. (e) Modification.--(1) The Secretary may modify the plan submitted under subsection (a). (2) Any modification under paragraph (1) shall not take effect until 30 days after the date on which the Secretary submits to the Committees on Veterans' Affairs of the Senate and the House of Representatives, the Majority Leader of the Senate, and the Speaker of the House of Representatives a notice regarding such modification. (f) Reports.--Not later than January 1, 2003, and every six months thereafter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives, the Majority Leader of the Senate, and the Speaker of the House of Representatives a report assessing implementation of the plan under subsection (a) during the preceding 6 months, including an assessment of whether the goals set forth under subsection (b)(5) are being achieved. (g) Funding.--The Secretary shall carry out the plan under this section in any fiscal year using amounts appropriated or otherwise made available for the Veterans Benefits Administration for that fiscal year.", "summary": "Veterans Benefits Administration Improvement Act of 2001 - Directs the Secretary of Veterans Affairs to submit to the congressional veterans' committees, the Senate Majority Leader, and the Speaker of the House (the entities) a comprehensive plan for the improvement of the processing of claims for veterans' compensation and pension. Requires such plan to include the training of claims adjudicators and the enhancement of accountability standards to improve the timeliness and accuracy of such claims processing. Allows for plan modifications, but requires prior notification to the entities followed by a 30-day waiting period. Provides plan funding."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Schools Partnerships Act of 2010''. SEC. 2. HEALTHY SCHOOLS PARTNERSHIPS DEMONSTRATION PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(j) Healthy Schools Partnerships Demonstration Program.-- ``(1) Definition of eligible entity.--In this section, the term `eligible entity' means a school food authority that demonstrates that the school food authority has collaborated, or will collaborate, with 1 or more local partner organizations (including academic experts, registered dietitians or other nutrition professionals, community partners, or non-profit organizations) to achieve the purposes described in paragraph (2). ``(2) Purposes.--The purposes of the demonstration project established under this subsection are-- ``(A) to assist schools in improving the nutritional standards of school meals and the overall school environment; and ``(B) to use local resources and expertise to promote collaborations and develop sustainable and replicable models for making systemic changes that promote good nutrition and healthy living among students. ``(3) Establishment.--The Secretary shall establish a demonstration project under which the Secretary shall make grants to eligible entities to fund collaborations of academic experts, nonprofit organizations, registered dietitians or other nutrition professionals, community partners, and local schools to test and evaluate innovative models to improve nutrition education, student decisionmaking, and healthy school environments. ``(4) Application.-- ``(A) In general.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(B) Contents.--In addition to any other requirements of the Secretary, each application shall-- ``(i) identify the 1 or more problems that the eligible entity will address; ``(ii) identify the activity that the grant will be used to fund; ``(iii) describe the means by which the activity will improve the health and nutrition of the school environment; ``(iv) list the partner organizations that will participate in the activity funded by the grant; and ``(v) describe the metrics used to measure success in achieving the stated goals. ``(5) Priority.--In making grants under this subsection, the Secretary shall give priority to eligible entities that demonstrate-- ``(A) a severe need to improve the school environment, as demonstrated by high numbers of students receiving free or reduced price lunches, high levels of obesity or other indicators of poor health status, and health disparities in the community served by the school; ``(B) a commitment by community partners to make in-kind or cash contributions; and ``(C) the ability to measure results. ``(6) Use of funds.--An eligible entity shall use a grant received under this subsection-- ``(A) to assess the problem of childhood obesity and poor nutrition in the school environment; ``(B) to develop an innovative plan or intervention to address specific causes of the problem in coordination with outside partners, including by developing and testing innovative models to improve student health and nutrition as measured by-- ``(i) changes that result in healthier school environments, including more nutritious food being served in cafeterias and available a la carte; ``(ii) increased nutrition education; ``(iii) improved ability of students to identify healthier choices; ``(iv) changes in attitudes of students towards healthier food; ``(v) student involvement in making school environments healthier; ``(vi) increased access to physical activity, physical education, and recess; ``(vii) professional development and continuing education opportunities for school administrators, teachers, and school nurses; and ``(viii) changes in school policies that promote access to healthier food and physical activity; ``(C) to implement the plan or intervention in partnership with outside partners; ``(D) to measure and evaluate effectiveness of the intervention; or ``(E) to assess the sustainability and replicability of this model. ``(7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2011 through 2015.''.", "summary": "Healthy Schools Partnerships Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to establish a demonstration project awarding grants to school food authorities that collaborate with academic experts, nonprofit organizations, registered dietitians or other nutrition professionals, community partners, and local schools to test and evaluate innovative models to improve nutrition education, student decisionmaking, and healthy school environments. Gives grant priority to school food authorities that demonstrate: (1) a severe need to improve the school environment; (2) a commitment by community partners to make in-kind or cash contributions; and (3) the ability to measure results."}
{"article": "SECTION 1. SHORT TITLE; FINDING. (a) Short Title.--This Act may be cited as the ``Young Child Tax Credit Act''. (b) Findings.--Congress finds the following: (1) Economists have found similar effects of the importance of income in the earliest years with returns to school achievement. (2) Pediatricians and other child development experts have long talked about the critical importance of the earliest years of life. (3) Young children, including babies and toddlers, are the poorest people in the country by age. (4) With the recent improvements signed into law in December, together, the Child Tax Credit and Earned Income Tax Credit now lift more children out of poverty than any other Federal policies. (5) Families with young children receive the smallest child tax credits, despite the fact that the economic literature suggests that these credits have particularly beneficial effects for families with young children. (6) Economists have found that large fluctuations in a family's income can be detrimental to the development of young children. Research on scarcity have found it is hard for parents to focus on children if they are worrying about having sufficient income to meet their family's needs. SEC. 2. YOUNG CHILD TAX CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: ``SEC. 36C. YOUNG CHILD TAX CREDIT. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the product of-- ``(1) the applicable dollar amount, multiplied by ``(2) the number of qualifying children of the taxpayer for which the taxpayer is allowed a deduction under section 151 and who (as of the close of such taxable year) have not attained age 3. ``(b) Applicable Dollar Amount.--For purposes of this section, the term `applicable dollar amount' means with respect to any taxable year, the product of-- ``(1) 1.5, multiplied by ``(2) the dollar amount in effect under section 24(a) for the taxable year. ``(c) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by the phaseout amount for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income (as defined in section 24(b)(1)) exceeds the threshold amount (as defined in section 24(b)(2)). ``(2) Phaseout amount.--For purposes of this subsection, the term `phaseout amount' means 1.5 multiplied by the first dollar amount in section 24(b)(1). ``(d) Qualifying Child.--For purposes of this section, the term `qualifying child' has the meaning given such term by section 24(c). ``(e) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year. ``(f) Reconciliation of Credit and Advance Credit.-- ``(1) In general.--The amount of the credit allowed under this section for any taxable year shall be reduced (but not below zero) by the aggregate amount of any advance payments of such credit under section 7527A for such taxable year. ``(2) Excess advance payments.--If the aggregate amount of advance payments under section 7527A for the taxable year exceed the amount of the credit allowed under this section for such taxable year (determined without regard to paragraph (1)), the tax imposed by this chapter for such taxable year shall be increased by the amount of such excess.''. (b) Advance Payment of Credit.--Chapter 77 of such Code is amended by inserting after section 7527 the following new section: ``SEC. 7527A. ADVANCE PAYMENT OF YOUNG CHILD TAX CREDIT. ``(a) In General.--As soon as practicable and not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program for making advance payments of the credit allowed under section 36C on a monthly basis, or as frequently as the Secretary determines to be administratively feasible, to taxpayers allowed such credit (determined without regard to section 36C(f)(1)). ``(b) Limitation.--The Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made to any taxpayer during the taxable year does not exceed the amount determined under subsection (a) of section 36C with respect to such taxpayer (determined without regard to subsections (c) and (f) of such section). Such program shall make reasonable efforts to apply the limitation of section 36C(c) with respect to payments made under such program.''. (c) Conforming Amendments.-- (1) Section 152(f)(6)(B) of such Code is amended by striking ``and'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, and'', and by adding at the end the following new clause: ``(v) the credit under section 36C (relating to young child tax credit).''. (2) Section 6211(b)(4)(A) of such Code is amended by inserting ``36C,'' after ``36B,''. (3) Section 6213(g)(2) of such Code is amended by striking ``and'' at the end of subparagraph (P), by striking the period at the end of subparagraph (Q) and inserting ``, and'', and by inserting after subparagraph (Q) the following new subparagraph: ``(R) an omission of a correct TIN required under section 36C(e) (relating to young child tax credit) to be included on a return.''. (4) Section 6402(m) of such Code is amended by striking ``or 32'' and inserting ``, 32 or 36C''. (5) Section 6695(g) of such Code is amended by striking ``or 32'' and inserting ``32, or 36C''. (6) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (7) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Young child tax credit.''. (8) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527 the following new item: ``Sec. 7527A. Advance payment of young child tax credit.''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. (2) Advance payment program.--The Secretary of the Treasury, or his designee, shall establish the program described in section 7527A of the Internal Revenue Code of 1986 (as added by this section) not later than such date.", "summary": "Young Child Tax Credit Act This bill amends the Internal Revenue Code to allow individual taxpayers a new refundable tax credit based on the number of their qualifying children under the age of three and the taxpayer's adjusted gross income. Advance payments of credit amounts shall be made to taxpayers each month."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Investment Improvement Act of 1999''. SEC. 2. SBIC PROGRAM. (a) In General.--Section 308(i)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 687(i)(2)) is amended by adding at the end the following: ``In this paragraph, the term `interest' includes only the maximum mandatory sum, expressed in dollars or as a percentage rate, that is payable with respect to the business loan amount received by the small business concern, and does not include the value, if any, of contingent obligations, including warrants, royalty, or conversion rights, granting the small business investment company an ownership interest in the equity or increased future revenue of the small business concern receiving the business loan.''. (b) Funding Levels.--Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) in subsection (d)(1)(C)(i), by striking ``$800,000,000'' and inserting ``$1,200,000,000''; and (2) in subsection (e)(1)(C)(i), by striking ``$900,000,000'' and inserting ``$1,500,000,000''. (c) Definitions.-- (1) Small business concern.--Section 103(5) of the Small Business Investment Act of 1958 (15 U.S.C. 662(5)) is amended-- (A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), and indenting appropriately; (B) in clause (iii), as redesignated, by adding ``and'' at the end; (C) by striking ``purposes of this Act, an investment'' and inserting the following: ``purposes of this Act-- ``(A) an investment''; and (D) by adding at the end the following: ``(B) in determining whether a business concern satisfies net income standards established pursuant to section 3(a)(2) of the Small Business Act, if the business concern is not required by law to pay Federal income taxes at the enterprise level, but is required to pass income through to the shareholders, partners, beneficiaries, or other equitable owners of the business concern, the net income of the business concern shall be determined by allowing a deduction in an amount equal to the sum of-- ``(i) if the business concern is not required by law to pay State (and local, if any) income taxes at the enterprise level, the net income (determined without regard to this subparagraph), multiplied by the marginal State income tax rate (or by the combined State and local income tax rates, as applicable) that would have applied if the business concern were a corporation; and ``(ii) the net income (so determined) less any deduction for State (and local) income taxes calculated under clause (i), multiplied by the marginal Federal income tax rate that would have applied if the business concern were a corporation;''. (2) Smaller enterprise.--Section 103(12)(A)(ii) of the Small Business Investment Act of 1958 (15 U.S.C. 662(12)(A)(ii)) is amended by inserting before the semicolon at the end the following: ``except that, for purposes of this clause, if the business concern is not required by law to pay Federal income taxes at the enterprise level, but is required to pass income through to the shareholders, partners, beneficiaries, or other equitable owners of the business concern, the net income of the business concern shall be determined by allowing a deduction in an amount equal to the sum of-- ``(I) if the business concern is not required by law to pay State (and local, if any) income taxes at the enterprise level, the net income (determined without regard to this clause), multiplied by the marginal State income tax rate (or by the combined State and local income tax rates, as applicable) that would have applied if the business concern were a corporation; and ``(II) the net income (so determined) less any deduction for State (and local) income taxes calculated under subclause (I), multiplied by the marginal Federal income tax rate that would have applied if the business concern were a corporation''. (d) Technical Corrections.-- (1) Repeal.--Section 303(g) of the Small Business Investment Act of 1958 (15 U.S.C. 683(g)) is amended by striking paragraph (13). (2) Issuance of guarantees and trust certificates.--Section 320 of the Small Business Investment Act of 1958 (15 U.S.C. 687m) is amended by striking ``6'' and inserting ``12''. (3) Elimination of table of contents.--Section 101 of the Small Business Investment Act of 1958 (15 U.S.C. 661 note) is amended to read as follows: ``SEC. 101. SHORT TITLE. ``This Act may be cited as the `Small Business Investment Act of 1958'.''.", "summary": "Small Business Investment Improvement Act of 1999 - Amends the Small Business Investment Act of 1958 to: (1) define \"interest\" for purposes of small business loans granted under the Small Business Investment Company (SBIC) program; and (2) increase the FY 1999 and 2000 funding levels for such program. Provides for the determination of an eligible small business or smaller enterprise that is not required to pay Federal income tax at the corporate level but that is required to pass income through to its shareholders or partners by using a specified formula to compute its after-tax income. Requires the Small Business Administration to issue SBIC guarantees and trust certificates at periodic intervals of not less than every 12 (currently, six) months."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Transit and Rail Awareness and Investments for National Security Act of 2004'' or the ``Safe TRAINS Act''. SEC. 2. HOMELAND SECURITY PUBLIC TRANSPORTATION GRANTS. (a) Authorization.--The Secretary of Homeland Security is authorized to make grants for the purpose of improving the security of public transportation systems against acts of terrorism. The grant program shall be administered by the Under Secretary for Border and Transportation Security-- (1) in consultation with the Director of the Office of Domestic Preparedness, to ensure that the program is consistent with other Department of Homeland Security grant programs; (2) with the Assistant Secretary for Infrastructure Protection to ensure that grant awards are consistent with critical infrastructure risk assessments and protective priorities as they relate to public transportation; and (3) with the Under Secretary for Science and Technology to ensure that technology aspects of grant proposals are feasible and generally consistent with existing technologies and standards. (b) Considerations.--Among the considerations on which grants shall be awarded are the following: (1) Risk of terrorism, including threat assessment, vulnerabilities of public transportation systems, potential effects of acts of terrorism against public transportation systems, and past acts of terrorism against modes of transportation. (2) Merits of the proposed projects to increase national security, based on a consideration of-- (A) threats; (B) vulnerabilities; (C) consequences, including human casualties and economic impacts; (D) consequence management; (E) the likelihood that such projects would have been pursued in the normal course of business and in the absence of national security considerations; and (F) feasibility, based on the technical and operational merits of the projects. (c) Allowable Use of Funds.--Grants made under this section shall be used for the purposes of-- (1) support for increased capital investments in cameras, close-circuit television, and other surveillance systems; (2) increased capital investment in command, control, and communications systems, including investments for redundancy and interoperability and for improved situational awareness, such as emergency call boxes and vehicle locator systems; (3) increased training, including for carrying out exercises under section 3, and technical support for public transportation employees, especially for security awareness, prevention, emergency response, including evacuation, and decontamination; (4) expanded deployment of equipment and other measures, including canine detection teams, for the detection of explosives and chemical, biological, radiological, and nuclear agents; (5) capital improvements and operating activities, including personnel expenditures, to increase the physical security of stations, vehicles, bridges, and tunnels; (6) capital improvements and operating activities to improve passenger survivability in the event of an attack, including improvements in ventilation, drainage, fire safety technology, emergency communications systems, lighting systems, passenger egress, and accessibility by emergency response personnel; (7) acquisition of emergency response and support equipment, including fire suppression and decontamination equipment; and (8) expansion of employee education and public awareness campaigns regarding security on public transportation systems. (d) Eligible Recipients.--Grants shall be made available under this section directly to owners, operators, and providers of public transportation systems. Owners, operators, and providers of infrastructure over which public transportation operates, but which is not primarily used for public transportation, may also be eligible for grants at the discretion of the Secretary. (e) Accountability.--The Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this section are expended in accordance with the purposes of this Act and the priorities and other criteria developed by the Secretary. If the Secretary determines that a recipient has used any portion of the grant funds received under this section for a purpose other than the allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States. (f) Procedures for Grant Award.--The Secretary shall prescribe procedures and schedules for the awarding of grants under this section, including application and qualification procedures, and a record of decision on applicant eligibility. The Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of this Act. (g) Cost Share.--Grants made under this section shall account for no more than-- (1) 85 percent for fiscal year 2005; (2) 80 percent for fiscal year 2006; and (3) 75 percent for fiscal year 2007, of the expense of the purposes for which the grants are used. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the purposes of this section-- (1) $1,200,000,000 for fiscal year 2005; (2) $900,000,000 for fiscal year 2006; and (3) $700,000,000 for fiscal year 2007. Amounts appropriated pursuant to this subsection shall remain available until expended. SEC. 3. TRAINING EXERCISES. (a) Guidelines.--Not later than 4 months after the date of enactment of this Act, the Secretary of Homeland Security shall publish guidelines for the conduct by recipients of grants under section 2 of appropriate exercises for emergency response and public transportation employee training purposes. (b) Plans.--Not later than 6 months after receipt of a grant under section 2, the recipient of such grant shall transmit to the Secretary its emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training purposes pursuant to the guidelines published under subsection (a). (c) Exercises.-- (1) Requirement.--Not later than 1 year after receipt of a grant under section 2, the recipient of such grant shall conduct an exercise pursuant to the plan for conducting exercises transmitted under subsection (b). (2) Exemptions.--The Secretary may exempt a grant recipient from the requirement under paragraph (1) if the recipient has recently conducted an equivalent exercise. (3) Notice and report.--Not later than 30 days after conducting an exercise under paragraph (1) or as described in paragraph (2), the recipient shall notify the Secretary that such exercise has been completed, including a description of the results of the exercise and findings and lessons learned from the exercise, and shall make recommendations for changes, if necessary, to existing emergency response plans. If the recipient revises an emergency response plan as a result of an exercise under this subsection, the recipient shall transmit the revised plan to the Secretary not later than 6 months after the exercise. (d) Technical Assistance.--The Secretary shall provide technical assistance in the design, preparation for, and conduct of emergency response exercises. (e) Use of Plans.--The Secretary shall ensure that information submitted to the Secretary under this section is protected from any form of disclosure that might compromise public transportation security or trade secrets. Notwithstanding the preceding sentence, the Secretary may use such information, on a nonattributed basis unless otherwise agreed to by the source of the information, to aid in developing recommendations, best practices, and materials for use by public transportation authorities to improve security practices and emergency response capabilities. SEC. 4. SECURITY BEST PRACTICES. The Secretary of Homeland Security shall, not later than 120 days after the date of enactment of this Act, develop, disseminate to appropriate owners, operators, and providers of public transportation systems, public transportation employees and employee representatives, and Federal, State, and local officials, and transmit to the Congress a report containing best practices for the security of public transportation systems. In developing best practices, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials. SEC. 5. PUBLIC AWARENESS. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, public transportation passengers, and public transportation employees can take to increase public transportation system security. Such plan shall also provide outreach to owners, operators, providers, and employees of public transportation systems to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve public transportation security. Not later than 9 months after the date of enactment of this Act, the Secretary shall implement the plan developed under this section. SEC. 6. SECURITY PLAN. (a) Requirement.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Transportation and in accordance with the Memorandum of Agreement executed under section 7, shall develop a strategic plan for the security of the Nation's public transportation systems and transmit to Congress a report containing a summary of that plan. Such plan shall-- (1) include a comprehensive assessment of risks to the Nation's public transportation systems, including an assessment of threats of terrorist attack, vulnerabilities against terrorist attack, and human, economic, and national security consequences of terrorist attack; (2) take into account actions taken or planned by both public and private entities to address identified security issues; (3) describe measures for prevention, protection, and preparedness, including recommended actions and best practices (as described in section 4); (4) make prioritized recommendations for improving public transportation system security; (5) identify specific actions the Federal Government should take to provide increased security support for public transportation systems, both generally and in periods of high or severe threat levels of alert; (6) identify measures for coordinating initiatives undertaken by the public and private sectors to increase security of public transportation systems; (7) contain an estimate of the cost to implement measures, recommendations, and best practices, and other actions contained within the plan; (8) identify milestones and timeframes for implementing measures, recommendations, and best practices, and other actions contained within the plan; and (9) identify methods for measuring progress against the plan and communicating such progress to owners, operators, and providers of public transportation systems and to Congress. (b) Implementation.--The Secretary shall begin implementation of the plan not later than 3 months after its development. (c) Consultation; Use of Existing Resources.--In developing the plan under this section, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials. (d) Format.--The Secretary may submit the report in both classified and unclassified formats if the Secretary considers that such action is appropriate or necessary. (e) 2-Year Updates.--The Secretary, in consultation with the Secretary of Transportation, shall update the plan every 2 years, as necessary, and transmit such updated report to Congress. SEC. 7. MEMORANDUM OF AGREEMENT. Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of Transportation shall execute a Memorandum of Agreement governing the roles and responsibilities of the Department of Homeland Security and the Department of Transportation, respectively, in addressing security matters for public transportation systems, including the process the departments will follow to promote communications, efficiency, and nonduplication of effort. Such Memorandum of Agreement shall also establish a formal mechanism to ensure coordination and the timely sharing of expertise and information between the Department of Homeland Security and the Department of Transportation, as appropriate, in public transportation security. SEC. 8. NATIONAL TRANSPORTATION SECURITY CENTERS. (a) Establishment.--The Secretary of Homeland Security shall establish more than 1 but not more than 4 National Transportation Security Centers at institutions of higher education to assist in carrying out this Act and to conduct research and education, and to develop or provide professional training, including the training of public transportation employees and public transportation-related professionals, with emphasis on utilization of intelligent transportation systems, technologies, and architectures. (b) Criteria.--The Secretary shall designate the Centers according to the following selection criteria: (1) The demonstrated commitment of the institution to transportation security issues. (2) The use of and experience with partnerships with other institutions of higher education, Federal laboratories, or other nonprofit laboratories. (3) Capability to conduct both practical and theoretical research and technical systems analysis. (4) Utilization of intelligent transportation system technologies and architectures. (5) Ability to develop professional training programs. (6) Capability and willingness to conduct education of transportation security professionals. (7) Such other criteria that the Secretary may designate. (c) Funding.--The Secretary shall provide such funding as is necessary to the National Transportation Security Centers established under subsection (a) to carry out this section. SEC. 9. WHISTLEBLOWER PROTECTION. (a) In General.--No employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way-- (1) because that person-- (A) has commenced or caused to be commenced, or is about to commence; (B) has testified or is about to testify at; or (C) has assisted or participated in, or is about to assist or participate in any manner in, a proceeding or any other action to enhance public transportation security; or (2) because that person has refused to violate or assist in the violation of any law, rule, or regulation related to public transportation security. (b) Application of Sarbanes-Oxley Act of 2002 Amendments.-- (1) Civil action to protect against retaliation in fraud cases.--Section 1514A of title 18, United States Code, shall apply to subsection (a) of this section as if-- (A) an act or refusal to act described in subsection (a) were described in such section 1514A; and (B) a violation of subsection (a) were a violation of such section 1514A(a). (2) Retaliating against a witness, victim, or informant.-- Section 1513(e) of title 18, United States Code, shall apply to a violation of subsection (a) of this section as if the violation of subsection (a) were a violation of such section 1513. SEC. 10. DEFINITION. For the purposes of this Act-- (1) the term ``public transportation employees'' means security personnel, dispatchers, vehicle and vessel operators, other onboard employees, maintenance and support personnel, and other appropriate employees of owners, operators, and providers of public transportation systems; and (2) the term ``public transportation systems'' means passenger, commuter, and light rail, including Amtrak and subways, buses, commuter ferries, and other modes of public transit.", "summary": "Safe Transit and Rail Awareness and Investments for National Security Act of 2004 (Safe TRAINS Act) - Authorizes the Secretary of Homeland Security to make grants to improve the security of public transportation systems (including passenger, commuter, and light rail) against acts of terrorism. Sets forth grant uses and requirements. Directs grant recipients to submit to the Secretary their emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training pursuant to guidelines published by the Secretary. Directs the Secretary to: (1) develop and disseminate to appropriate owners, operators, and providers of public transportation systems (including public transportation employees), and Federal, State, and local officials, a report containing best practices for the security of public transportation systems; (2) develop a national plan for public outreach and awareness of measures the public can take to increase public transportation system security; (3) develop a strategic plan for the security of the Nation's public transportation systems; (4) execute in conjunction with the Secretary of Transportation, a Memorandum of Agreement governing the responsibilities of the Department of Homeland Security and the Department of Transportation, respectively, in addressing security matters for public transportation systems; and (5) establish National Transportation Security Centers at institutions of higher education to assist in carrying out this Act, to conduct research and education, and to develop or provide professional training of public transportation employees. Sets forth certain whistleblower protections for employees or other persons who have commenced, testified at, or participated in, a proceeding to enhance public transportation security, or who have refused to violate or assist in the violation of any regulation related to public transportation security."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pro-Growth Budgeting Act of 2012''. SEC. 2. MACROECONOMIC IMPACT ANALYSES. (a) In General.--Part A of title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``macroeconomic impact analysis of major legislation ``Sec. 407. (a) Congressional Budget Office.--The Congressional Budget Office shall, to the extent practicable, prepare for each major bill or resolution reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each House), as a supplement to estimates prepared under section 402, a macroeconomic impact analysis of the budgetary effects of such bill or resolution for the ten fiscal-year period beginning with the first fiscal year for which an estimate was prepared under section 402 and each of the next three ten fiscal-year periods. Such estimate shall be predicated upon the supplemental projection described in section 202(e)(4). The Director shall submit to such committee the macroeconomic impact analysis, together with the basis for the analysis. As a supplement to estimates prepared under section 402, all such information so submitted shall be included in the report accompanying such bill or resolution. ``(b) Economic Impact.--The analysis prepared under subsection (a) shall describe the potential economic impact of the applicable major bill or resolution on major economic variables, including real gross domestic product, business investment, the capital stock, employment, interest rates, and labor supply. The analysis shall also describe the potential fiscal effects of the bill or resolution, including any estimates of revenue increases or decreases resulting from changes in gross domestic product. To the extent practicable, the analysis should use a variety of economic models in order to reflect the full range of possible economic outcomes resulting from the bill or resolution. The analysis (or a technical appendix to the analysis) shall specify the economic and econometric models used, sources of data, relevant data transformations, and shall include such explanation as is necessary to make the models comprehensible to academic and public policy analysts. ``(c) Definitions.--As used in this section-- ``(1) the term `macroeconomic impact analysis' means-- ``(A) an estimate of the changes in economic output, employment, interest rates, capital stock, and tax revenues expected to result from enactment of the proposal; ``(B) an estimate of revenue feedback expected to result from enactment of the proposal; and ``(C) a statement identifying the critical assumptions and the source of data underlying that estimate; ``(2) the term `major bill or resolution' means any bill or resolution if the gross budgetary effects of such bill or resolution for any fiscal year in the period for which an estimate is prepared under section 402 is estimated to be greater than .25 percent of the current projected gross domestic product of the United States for any such fiscal year; ``(3) the term `budgetary effect', when applied to a major bill or resolution, means the changes in revenues, outlays, deficits, and debt resulting from that measure; and ``(4) the term `revenue feedback' means changes in revenue resulting from changes in economic growth as the result of the enactment of any major bill or resolution.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 406 the following new item: ``Sec. 407. Macroeconomic impact analysis of major legislation.''. SEC. 3. ADDITIONAL CBO REPORT TO BUDGET COMMITTEES. Section 202(e) of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraphs: ``(4)(A) After the President's budget submission under section 1105(a) of title 31, United States Code, in addition to the baseline projections, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a supplemental projection assuming extension of current tax policy for the fiscal year commencing on October 1 of that year with a supplemental projection for the 10 fiscal- year period beginning with that fiscal year, assuming the extension of current tax policy. ``(B) For the purposes of this paragraph, the term `current tax policy' means the tax policy in statute as of December 31 of the current year assuming-- ``(i) the budgetary effects of measures extending the Economic Growth and Tax Relief Reconciliation Act of 2001; ``(ii) the budgetary effects of measures extending the Jobs and Growth Tax Relief Reconciliation Act of 2003; ``(iii) the continued application of the alternative minimum tax as in effect for taxable years beginning in 2011 pursuant to title II of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, assuming that for taxable years beginning after 2011 the exemption amount shall equal-- ``(I) the exemption amount for taxable years beginning in 2011, as indexed for inflation; or ``(II) if a subsequent law modifies the exemption amount for later taxable years, the modified exemption amount, as indexed for inflation; and ``(iv) the budgetary effects of extending the estate, gift, and generation-skipping transfer tax provisions of title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. ``(5) On or before July 1 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate, the Long-Term Budget Outlook for the fiscal year commencing on October 1 of that year and at least the ensuing 40 fiscal years.''. Passed the House of Representatives February 2, 2012. Attest: KAREN L. HAAS, Clerk.", "summary": "Pro-Growth Budgeting Act of 2012 - (Sec. 2) Amends the Congressional Budget Act of 1974 (CBA) to require the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee (except the congressional appropriations committees), as a supplement to CBO cost estimates, a macroeconomic impact analysis of the budgetary effects of such legislation for the 10-fiscal year period beginning with the first fiscal year for which such estimate was prepared and each of the next three 10-fiscal year periods. Defines \"major bill or resolution\" as any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25% of the current projected U.S. gross domestic product (GDP) for that fiscal year. Requires the analysis to describe: (1) the potential economic impact of the bill or resolution on major economic variables, including real GDP, business investment, the capital stock, employment, interest rates, and labor supply; and (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP. Requires the analysis (or a technical appendix to it) to specify the economic and econometric models used, sources of data, relevant data transformations, as well as any explanation necessary to make the models comprehensible to academic and public policy analysts. (Sec. 3) Amends CBA to require the CBO Director, after the President's budget submission and in addition to the baseline projections, to report a supplemental projection to the congressional budget committees, assuming extension of current tax policy for the fiscal year commencing on October 1 of that year, with a supplemental projection for the 10-fiscal year period beginning with that fiscal year, again assuming the extension of current tax policy. Defines \"current tax policy\" as the tax policy in statute as of December 31 of the current year, assuming: (1) the budgetary effects of measures extending the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003; (2) the continued application of the alternative minimum tax (AMT) as in effect for taxable years beginning in 2011, with a specified assumption for taxable years beginning after 2011; and (3) the budgetary effects of extending the estate, gift, and generation-skipping transfer tax provisions of title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Requires CBO to report to such committees, on or before July 1 of each year, the Long-Term Budget Outlook for: (1) the fiscal year commencing on October 1 of that year, and (2) at least the ensuing 40 fiscal years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ballistic Missile Defense Act of 1996''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Short-range theater ballistic missiles threaten United States Armed Forces wherever engaged abroad. Therefore, the expeditious deployment of theater missile defenses to intercept ballistic missiles at greater ranges and higher altitudes is the highest priority among all ballistic missile defense programs. (2) The United States is developing defensive systems to protect the United States against the threat of limited ballistic missile attacks. Ground-based defensive systems are attainable, compliant with the ABM Treaty, more affordable than spaced-based interceptors or space-based lasers, and can protect all of the United States from limited ballistic missile attack. (3) Defending against ballistic missile attacks upon our national territory requires not only missile defenses but arms control agreements and nonproliferation measures that lower the threat and curb the spread of ballistic missile technology. (4) The massive retaliatory capability of the United States deterred the Soviet Union, and any other nation, from launching an attack by intercontinental ballistic missiles throughout the Cold War. The Nuclear Posture Review conducted by the Department of Defense affirms the effectiveness of deterrence now and into the future. While the threat of intentional attack upon the United States has receded, the risk of an accidental or unauthorized attack by Russia or China remains but is remote. (5) United States arms control agreements (notably the START I Treaty and the START II Treaty, once implemented) will lower the threat to the United States from large-scale nuclear attack. The START I Treaty, when fully implemented, will reduce deployed warheads by over 40 percent below 1990 levels. By the end of 1996, only Russia, among the states of the former Soviet Union, will deploy nuclear weapons. The START II Treaty, if implemented, will reduce warheads deployed in Russia by 66 percent below their levels before the Start I Treaty. (6) As strategic offensive weapons are reduced, the efficacy and affordability of defensive systems increases, raising the possibility of deterrence based upon effective defenses rather than deterrence based solely upon threat of massive retaliation. (7) Countries hostile to the United States (such as Iraq, Iran, North Korea, and Libya) have manifested an interest in developing ballistic missiles capable of reaching the United States. These countries may accelerate the development of long- range missiles if they receive external support, but in the absence of outside assistance, newly emerging threats may take as long as 15 years to mature, according to recent intelligence estimates. (8) The Nuclear Non-Proliferation Treaty, the Missile Technology Control Regime, the Biological and Chemical Weapons Convention, and continuing United States efforts to enforce export controls will prevent or delay external assistance needed by those countries to develop intercontinental ballistic missiles and weapons of mass destruction. (9) The ABM Treaty has added to strategic stability by restraining the requirement on both sides for strategic weapons. At the summit in May 1995, the President of the United States and the President of Russia each reaffirmed his country's commitment to the ABM Treaty. (10) Abrogating the ABM Treaty to deploy a noncompliant system will not add to strategic stability if it impedes implementation of the START I or START II Treaty. Without the removal of strategic weapons scheduled by both treaties, the consequences and risks of unauthorized or accidental launches will remain undiminished, as will the potential threat of a large-scale attack capable of overwhelming any defenses deployed. (11) If the nuclear arsenal of the United States must be maintained at START I levels, significant unbudgeted costs will be incurred, encroaching on funds for ballistic missile defenses and other defense requirements. (12) Should arms control, nonproliferation efforts, and deterrence fail, the United States must be able to defend itself against limited ballistic missile attack. (13) Missile defense systems consistent with the ABM Treaty are capable of defending against limited ballistic missile attack. Should a national missile defense system require modification of the ABM Treaty, the treaty establishes the means for the parties to amend the treaty, which the parties have used in the past. SEC. 3. NATIONAL MISSILE DEFENSE POLICY. (a) In General.--It is the policy of the United States to develop by the year 2000 a National Missile Defense System that can be deployed in 2003. (b) Capability of System.--The National Missile Defense System to be developed pursuant to subsection (a) shall be capable, when deployed, of providing a highly effective defense of the United States against limited ballistic missile attacks. (c) Testing Before Deployment.--The system developed pursuant to subsection (a) shall be rigorously tested during development. (d) Improvements.--If a decision to deploy the system developed pursuant to subsection (a) is not made by the end of the year 2000, the Secretary of Defense shall ensure that the system is improved by incorporation of evolving technology to increase effectiveness and reduce costs of a subsequent deployment, and that rigorous testing continues. SEC. 4. BALLISTIC MISSILE DEFENSE PRIORITIES. The following, in the order listed, shall be the policy of the United States with respect to the priority for development and deployment of ballistic missile defense programs: (1) First, maintaining the operational readiness of the Armed Forces, including a good quality of life for servicemembers and their families, and modernization of weapons systems to ensure mission effectiveness in the future. (2) Second, as part of such modernization, completing the development and deployment of essential theater missile defense (TMD) systems as soon as practicable. (3) Third, developing by the year 2000 for deployment in the year 2003 the system referred to in section 3 and section 5(b) and developing for deployment as soon as practicable the space-based sensors described in section 5(c). SEC. 5. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE. (a) Requirement for National Missile Defense Program.--To implement the policy established in section 3, the Secretary of Defense shall initiate a National Missile Defense Program, which shall position the United States, by the end of the year 2000, to be capable of deploying a National Missile Defense system, as described in section 3(b), within three years. (b) Elements of the NMD Program.--The National Missile Defense Program shall include the following elements: (1) A ground-based interceptor system that provides coverage of the continental United States (including Alaska) and Hawaii. (2) Fixed ground-based radars. (3) Space-based sensors. (4) Battle management, command, control and communications (BM/C<SUP>3). SEC. 6. IMPLEMENTATION OF NMD PROGRAM. The Secretary of Defense shall-- (1) initiate plans and actions necessary to meet the deployment readiness goals specified in section 5(a); (2) conduct rigorous integrated system testing using elements representative of the National Missile Defense architecture referred to in section 5(b); (3) prescribe and use streamlined acquisition policies and procedures, in accordance with existing law, to reduce the cost and increase the efficiency of developing the system referred to in section 5(b); and (4) develop technologies that have the potential of improving the National Missile Defense system prescribed in section 5(b). SEC. 7. REPORTING REQUIREMENT. Not later than March 15, 1997, the Secretary of Defense shall submit to Congress a report on the Secretary's plan for the National Missile Defense Program required by this Act. The report shall include the following matters: (1) The Secretary's plan for carrying out this Act, including-- (A) a detailed description of the system architecture selected for development under section 5(b); and (B) a justification of the architecture selected and reasons for the rejection of the other candidate architectures. (2) The Secretary's estimate of the amount of appropriations required for research, development, test, evaluation, and for procurement, for each of fiscal years 1997 through 2003 in order to achieve an initial operational capability in 2003. (3) A description of promising technologies to be pursued in accordance with the requirements of section 6(4). (4) A determination of the point at which any activity that is required to be carried out under this Act would conflict with the terms of the ABM Treaty, together with a description of any such activity, the legal basis for the Secretary's determination, and an estimate of the time at which such point would be reached in order to meet an initial operating capability in the year 2003. SEC. 8. POLICY REGARDING REDUCTION OF THE THREAT TO THE UNITED STATES FROM WEAPONS OF MASS DESTRUCTION. (a) Measures To Address Threats From Weapons of Mass Destruction.-- In order to defend against weapons of mass destruction by preventing the spread of fissile materials and other components of weapons of mass destruction, the President shall-- (1) enhance efforts, both unilaterally and in cooperation with other nations, to prevent terrorist organizations from obtaining and using weapons of mass destruction; (2) expedite United States efforts to assist the Governments of the Russian Federation, Ukraine, Belarus, and Kazakhstan, as appropriate, in improving the safety, security, and accountability of fissile materials and nuclear warheads; (3) undertake additional steps to prevent weapons of mass destruction and their components from being smuggled into the United States, through the use of improved security devices at United States ports of entry, increased numbers of Border Patrol agents, increased monitoring of international borders, and other appropriate measures; (4) seek the widest possible international adherence to the Missile Technology Control Regime and pursue to the fullest other export control measures intended to deter and counter the spread of weapons of mass destruction and their components; and (5) enhance conventional weapons systems to ensure that the United States possesses effective deterrent and counterforce capabilities against weapons of mass destruction and their delivery systems. (b) Measures To Address Threats From ICBMs.--In order to reduce the threat to the United States from weapons of mass destruction delivered by intercontinental ballistic missiles, including accidental or unauthorized launches, the President shall-- (1) urge the Government and Parliament of the Russian Federation to ratify the START II Treaty as soon as possible, permitting its expeditious entry into force; (2) pursue with the Government of the Russian Federation, after START II entry-into-force, a symmetrical program of early deactivation of strategic forces to be eliminated under START II; and (3) work jointly with countries possessing intercontinental ballistic missiles to improve command and control technology and operations to the maximum extent practicable. (c) Department of Defense Program.--Consistent with, and in order to compelement, the steps to be taken by the President under subsection (a)(3), the Secretary of Defense shall carry out a program to enhance the capabilities of the United States relating to the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means. In carrying out such program, the Secretary shall take into consideration the assessments and recommendations of the task force established under subsection (d). The activities to be carried out by the Secretary under the program shall include the following: (1) Research, development, test, and evaluation of technologies relating to any of the following: (A) Detection of chemical or biological weapons. (B) Interception of such weapons. (C) Protection against such weapons. (D) Response to an attack inside the United States using such weapons. (E) Decontamination of areas affected by an attack using such weapons. (2) Training of personnel for the activities specified in subparagraphs (A) through (E) of paragraph (1). (3) Identification of Federal equipment and technologies that can be transferred from one Federal agency to another agency or to State and local agencies consistent with the purposes of the program under this subsection. (d) Interagency Task Force.--(1) There is hereby established in the executive branch an interagency task force to assess, and make recommendations concerning, the capabilities of the United States relating to the threat of a chemical or biological weapons attack inside the United States by unconventional means. (2) The task force shall on an ongoing basis assess the current state of the United States with respect to each of the following and shall identify and recommend potential improvements: (A) The nature of the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means. (B) Capabilities related to detection and interception of such weapons or the possibility of such an attack. (C) Capabilities related to protection against the effects of such an attack. (D) Capabilities related to preparedness for, and response to, such an attack. (E) Capabilities related to decontamination following such an attack. (F) Public education concerning the dangers of such an attack and the appropriate response to such an attack. (3) Membership of the task force shall include representatives of the following departments and agencies: (A) The Department of Defense. (B) The Central Intelligence Agency, but only with respect to assessment of the nature of the threat. (C) The Department of Justice, including the Federal Bureau of Investigation and the Immigration and Naturalization Service. (D) The Federal Emergency Management Agency. (E) The Department of the Treasury, including the Customs Service and the Bureau of Alcohol, Tobacco, and Firearms. (F) The Department of Health and Human Services, including the Centers for Disease Control. (4) In carrying out its activities, the task force shall consult regularly with, and shall seek the views of, representatives of-- (A) State and local government law enforcement authorities; and (B) State and local government emergency planning authorities. (5) Administrative support for the task force shall be provided by the Secretary of Defense. (e) Annual Report.--The President shall submit to Congress an annual report on actions by the United States to comply with the provisions of this section. The first such report shall be submitted not later than 180 days after the date of the enactment of this Act. SEC. 9. POLICY REGARDING THE ABM TREATY. (a) In General.--The President shall-- (1) carry out the policies, programs, and requirements of this Act in a manner consistent with the ABM Treaty or through processes specified within the ABM Treaty; (2) at an appropriate time, seek amendments to the ABM Treaty, as provided in Articles XIII and XIV of the Treaty, if such amendments are required to deploy the National Missile Defense system prescribed in section 5; and (3) treat any negotiated amendment to the ABM Treaty as having entered into force only if such amendment is made in the same manner as a treaty (including the requirement that ratification by the United States is subject to the advice and consent of the Senate). (b) Modifications Restricting TMD Systems.--The United States shall not be bound by any amendment or other substantive modification to the ABM treaty that restricts theater ballistic missile defense systems unless-- (1) that system is actually flight-tested against a ballistic missile that exceeds (A) a range of 3,500 kilometers, or (B) a velocity of 5 kilometers per second; or (2) the agreement for such modification is made pursuant to the requirements of section 235 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 231). SEC. 10. ABM TREATY DEFINED. For purposes of this Act, the term ``ABM Treaty'' means the Treaty between the United States and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, signed at Moscow on May 26, 1972, and includes Protocols to that Treaty signed at Moscow on July 3, 1974, and all Agreed Statements and amendments to such Treaty in effect.", "summary": "Ballistic Missile Defense Act of 1996 - Declares that it is U.S. policy to develop by the year 2000 a National Missile Defense System (System) that: (1) can be deployed in 2003; (2) shall be capable of providing a highly effective defense of the United States against limited ballistic missile attacks; and (3) shall be rigorously tested during development. Sets forth, in the following order, U.S. policy regarding the priority for the development and deployment of ballistic missile defense programs: (1) maintaining the operational readiness of the armed forces and modernization of weapon systems to ensure mission effectiveness in the future; (2) completing the development and deployment of essential theater missile defense systems; and (3) developing the System by the year 2000 for deployment in the year 2003 and developing space-based sensors. Directs the Secretary, in order to implement that policy, to initiate a National Missile Defense Program which shall include: (1) a ground-based interceptor system that provides coverage of the continental United States (including Alaska) and Hawaii; (2) fixed ground-based radars; (3) space-based sensors; and (4) battle management, command, control, and communications. Specifies Program implementing and reporting requirements. Requires the President to take specified actions to: (1) defend against weapons of mass destruction by preventing the spread of fissile materials and other components; (2) reduce the threat to the United States from such weapons delivered by intercontinental ballistic missiles (including by urging Russia to ratify the START II Treaty); and (3) carry out a program to enhance U.S. capabilities relating to the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means (establishes in the executive branch an interagency task force to assess and make recommendations concerning such capabilities). Requires the President to: (1) carry out requirements of this Act in a manner consistent with the ABM Treaty; (2) seek Treaty amendments necessary to deploy the System; and (3) treat any negotiated Treaty amendment as having entered into force only if it is made in the same manner as a treaty. Specifies conditions to be satisfied in order for Treaty modifications restricting theater ballistic missile defense systems to be binding on the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Freedom Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) as of the date of enactment of this Act-- (A) 113,000,000 acres of onshore Federal land are open and accessible for oil and natural gas development; and (B) approximately 166,000,000 acres of onshore Federal land are off-limits or inaccessible for oil and natural gas development; (2) despite the recent oil and natural gas boom in the United States, the number of acres of Federal land leased for oil and natural gas exploration has decreased by 24 percent since 2008; (3) in 2013, the Federal Government leased only 36,000,000 acres of Federal land, in contrast to the 131,000,000 acres that were leased in 1984; (4) the reduction in leasing of Federal land harms economic growth and Federal revenues; (5) in 2013, it took 197 days to process applications for permits to drill on Federal land; and (6) the States have extensive and sufficient regulatory frameworks for permitting oil and natural gas development. SEC. 3. DEFINITIONS. In this Act: (1) Available federal land.--The term ``available Federal land'' means any Federal land that, as of May 31, 2013-- (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a congressionally designated wilderness area. (2) State.--The term ``State'' means-- (A) a State; and (B) the District of Columbia. (3) State leasing, permitting, and regulatory program.--The term ``State leasing, permitting, and regulatory program'' means a program established pursuant to State law that regulates the exploration and development of oil, natural gas, and other forms of energy on land located in the State. SEC. 4. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL AVAILABLE FEDERAL LAND. (a) State Leasing, Permitting, and Regulatory Programs.--Any State that has established a State leasing, permitting, and regulatory program may-- (1) submit to the Secretaries of the Interior, Agriculture, and Energy a declaration that a State leasing, permitting, and regulatory program has been established or amended; and (2) seek to transfer responsibility for leasing, permitting, and regulating oil, natural gas, and other forms of energy development from the Federal Government to the State. (b) State Action Authorized.--Notwithstanding any other provision of law, on submission of a declaration under subsection (a)(1), the State submitting the declaration may lease, permit, and regulate the exploration and development of oil, natural gas, and other forms of energy on Federal land located in the State in lieu of the Federal Government. (c) Effect of State Action.--Any action by a State to lease, permit, or regulate the exploration and development of oil, natural gas, and other forms of energy pursuant to subsection (b) shall not be subject to, or considered a Federal action, Federal permit, or Federal license under-- (1) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''); (2) the National Historic Preservation Act (16 U.S.C. 470 et seq.); (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 5. NO EFFECT ON FEDERAL REVENUES. (a) In General.--Any lease or permit issued by a State pursuant to section 4 shall include provisions for the collection of royalties or other revenues in an amount equal to the amount of royalties or revenues that would have been collected if the lease or permit had been issued by the Federal Government. (b) Disposition of Revenues.--Any revenues collected by a State from leasing or permitting on Federal land pursuant to section 4 shall be deposited in the same Federal account in which the revenues would have been deposited if the lease or permit had been issued by the Federal Government. (c) Effect on State Processing Fees.--Nothing in this Act prohibits a State from collecting and retaining a fee from an applicant to cover the administrative costs of processing an application for a lease or permit.", "summary": "Federal Land Freedom Act of 2015 This bill permits a state that has an established leasing, permitting, and regulatory program to: (1) declare to the Secretaries of the Interior, of Agriculture, and of Energy that it has either established or amended the program; and (2) seek to transfer to itself, and to implement, existing federal responsibilities for leasing, permitting, and regulating oil, natural gas, and other forms of energy development. Any state action to lease, permit, or regulate oil and gas exploration and development shall not be subject to, or considered, a federal action, a federal permit, or a federal license with respect to specified administrative and environmental laws and is therefore exempt from them. State-issued leases or permits must provide for: (1) the collection of royalties or other revenues in an amount equal to what would have been collected if the lease or permit had been federally issued, and (2) their deposit into the same federal account in which they would have been deposited if the lease or permit had been federally issued. A state may collect and retain lease or permit application processing fees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pink Tax Repeal Act''. SEC. 2. PROHIBITION ON GENDER-BASED PRICING OF CONSUMER PRODUCTS AND SERVICES. (a) Prohibited Practices.-- (1) Consumer products.--It shall be unlawful for any person to sell or offer for sale in interstate commerce any two consumer products from the same manufacturer that are substantially similar if such products are priced differently based on the gender of the individuals for whose use the products are intended or marketed. (2) Services.--It shall be unlawful for any person to sell or offer for sale any services that are substantially similar if such services are priced differently based on the gender of the individuals for which the services are performed, offered, or marketed. (b) Unfair and Deceptive Act or Practice.--A violation of subsection (a) shall be treated as a violation of a rule prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) defining an unfair or deceptive act or practice in or affecting interstate commerce. (c) Enforcement.-- (1) Federal trade commission.--The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (2) State attorneys general.-- (A) Civil action.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is adversely affected by a violation of subsection (a), the attorney general may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (i) to enjoin further violation of this Act by the defendant; (ii) to compel compliance with this Act; or (iii) obtain damages, restitution, or other compensation on behalf of residents of the State. (B) Notice to the ftc.-- (i) Notice.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing of any civil action under paragraph (2), prior to initiating such civil action. (ii) Contents.--The notice required by clause (i) shall include a copy of the complaint to be filed to initiate such civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notice required by clause (i), the State shall provide notice immediately upon instituting a civil action under subparagraph (A). (C) Intervention by the ftc.--Upon receiving notice required by subparagraph (B) with respect to a civil action, the Commission may-- (i) intervene in such action; and (ii) upon intervening, be heard on all matters arising in such civil action and file petitions for appeal of a decision in such action. (D) Preemptive action by the ftc.--If the Commission institutes a civil action for violation of this Act, no attorney general of a State may bring a civil action under this paragraph against any defendant named in the complaint of the Commission for violation of this Act that is alleged in such complaint. (d) Rules of Construction.-- (1) Substantially similar products.--For purposes of this Act, two consumer products are substantially similar if there are no substantial differences in the materials used in the product, the intended uses of the product, and the functional design and features of the product. A difference in coloring among any consumer products shall not be construed as a substantial difference for purposes of this paragraph. (2) Substantially similar services.--For purposes of this Act, two services are substantially similar if there is no substantial difference in the amount of time to provide the services, the difficulty in providing the services, or the cost of providing the services. (e) Definition of Consumer Product.--The term ``consumer product'' has the meaning given such term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052) and includes a device or cosmetics, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). Such term includes a child restraint system, as such term is defined in section 571.213 of title 49, Code of Federal Regulations.", "summary": "Pink Tax Repeal Act This bill prohibits the sale of substantially similar services or consumer products from the same manufacturer if they are priced differently based on the gender of the individuals to whom the products are marketed or intended or for whom the services are marketed, performed, or offered. A difference in coloring among consumer products shall not be construed as a substantial difference. Violations shall be treated as unfair or deceptive act or practice under the Federal Trade Commission Act. The Federal Trade Commission and state attorneys general are authorized to enforce against such violations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Check Cashing Act of 1995''. SEC. 2. STATE LICENSE OR REGISTRATION REQUIRED FOR CHECK CASHING BUSINESSES. (a) In General.--A person, other than a depository institution, shall not engage in business in a State as a check cashing business unless-- (1) the State has established a system for licensing or registering check cashing businesses that is approved by the Commission in accordance with section 3; (2) the person is licensed by or registered with the State under that approved State system, as applicable; and (3) the person engages in that business in accordance with the requirements under that system for licensing or registration, as applicable. (b) Penalty.--Any person that violates subsection (a) shall be subject to a civil penalty of not more than $5,000, which may be assessed by Commission. (c) Effective Date.--Subsections (a) and (b) shall take effect on the date that is 2 years after the date of the enactment of this Act. (d) Limitation on Application to Existing Businesses.--Subsections (a) and (b) shall not apply to engagement by a person in business in a State as a check cashing business in the 1-year period beginning on the date of approval of a check cashing business licensing or registration system of the State under section 3, if the person engaged in that business in the State on the date of the enactment of this Act. SEC. 3. APPROVAL OF STATE CHECK CASHING BUSINESS LICENSING OR REGISTRATION SYSTEM. (a) In General.--Any State may apply to the Commission in accordance with this section for approval of a State check cashing business licensing or registration system. (b) Requirements for Approval.--The Commission may approve a State check cashing business licensing or registration system under this section if the Commission finds that the system consists of State laws that-- (1) prohibit any person from engaging in business in the State as a check cashing business, unless the person-- (A) holds a license issued under the system, or (B) in the case of a registration system, is registered with the State under the system; (2) prohibit the issuance of a check cashing business license to a person or the registration of a person as such a business, as applicable, unless the person-- (A) identifies to the State-- (i) all persons that are officers of the business; and (ii) all persons that own or control more than 5 percent of the total ownership interest in the business; (B) complies with bonding or minimum capital requirements established by the State; (3) require that any person that engages in business in the State as a check cashing business shall-- (A) post a schedule of all fees charged for providing check cashing services, in a manner that is conspicuous to the public; (B) issue a receipt for each check cashing service provided, that shows the amount of the check or other instrument with respect to which the service is provided, the fee charged for the service, and the date the service is provided; and (C) post the name and address of the State agency responsible under State law for administering the system, in a manner that is conspicuous to the public; (4) prohibit any person from charging any fee for providing a check cashing service, that is greater than the amount of fee authorized for that service by the State; (5) establish a centralized system for filing of check cashing business licensing or registration documents, as applicable; (6) establish criteria for refusal, suspension, and revocation of check cashing business licenses or registrations, as applicable; (7) establish criminal or civil penalties (or both) for violations of the State laws; (8) ensure the submission to the Commission of any changes in the State laws described in this subsection; and (9) comply with such additional requirements as may be established by the Commission in regulations issued under subsection (f). (c) Limitation on Approval of Systems Providing Reciprocity.--The Commission may not approve a State check cashing business licensing or registration system under this section if the laws of the State authorize the licensing or registration of a person under the system, as applicable, on the basis of the person having been licensed or registered under the laws of another State and without having to comply with all requirements applicable under the laws of the State that comprise the system. (d) Submission, Review, and Approval of State Applications.-- (1) Submission of application.--A State may submit an application to the Commission for approval of a State check cashing business licensing or registration system under this section-- (A) in the 1-year period beginning on the date of the issuance of regulations under subsection (f), in the case of a State which on the date of the enactment of this Act does not prohibit, and has in effect laws that establish requirements for, the operation of a check cashing business; (B) in the 2-year period beginning on that date of issuance in the case of a State which on that date of enactment does not prohibit, and does not have in effect laws that establish requirements for, the operation of a check cashing business; or (C) in the 60-day period beginning on the date of the enactment by the State of any law that repeals a prohibition on the operation of check cashing businesses, in the case of a State which on the date of the enactment of this Act has in effect laws that prohibit the operation of all check cashing businesses. (2) Review and approval by commission.--The Commission shall, by not later than 1 year after the date of submittal of an application by a State under this subsection-- (A) approve the State system if the system complies with the requirements for approval under subsection (b); or (B) disapprove the State system, recommend to the State such changes in the system as are necessary for approval, and provide the State one additional year to make changes in State law to effect those changes. (e) Review of Changes in Approved State Systems.-- (1) General.--Not later than 1 year after the date of submission to the Commission of any change in the laws described in subsection (b) of a State that has an approved State system, the Commission shall-- (A) review the change to determine whether the change is in accordance with the requirements for approval of the system under subsection (b); (B) approve the change as being in accordance with those requirements, or disapprove the change as not being in accordance with those requirements; and (C) notify the State of that approval or disapproval, including with any notification of disapproval a description of such modifications to State law as are necessary for the system to continue to be an approved State system. (2) Subsequent review; revocation of approval.--After notifying a State under paragraph (1)(B) that the Commission disapproves a change in the approved State system of the State, the Commission shall-- (A) review any further modifications in the laws of the State that have been enacted; and (B)(i) approve the change and modifications if they are in accordance with the requirements for approval under subsection (b); or (ii) revoke the Commission's approval of the State system if they are not in accordance with those requirements. (f) Regulations and Guidelines.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Commission shall issue regulations and guidelines for the submission of applications and approval of State check cashing business licensing and registration systems under this section. (2) Additional requirements.--Regulations issued under this subsection may include requirements for approval of such systems in addition to the requirements under this section as the Commission considers necessary to protect persons who provide check cashing services, ensure the free flow of commerce, or protect the monetary system of the United States. (g) Rule of Construction.--This Act shall not be construed to prohibit a State from establishing, assessing, collecting, and using fees in the administration of a check cashing business licensing or registration system under this Act. SEC. 4. PROHIBITION ON REFUSAL BY INSURED DEPOSITORY INSTITUTION TO CASH GOVERNMENT CHECKS. (a) Prohibition.--An insured depository institution shall not refuse to cash a government check, and an insured credit union shall not refuse to cash a government check presented by a member of the insured credit union, if-- (1) the check is presented for cashing by an individual who is the payee of the check, and is properly endorsed by each individual who is a payee of the check; (2) the individual who presents the check for cashing provides sufficient identification; (3) the check and the identification documents required under paragraph (2) do not bear evidence of forgery, fraud, counterfeiting, alteration, or other tampering; and (4) the face value of the check is less than $2500. (b) Penalty.--An insured depository institution or insured credit union that violates subsection (a) shall be liable for a civil penalty of not more than $500 for each violation, which may be assessed by-- (1) the State agency having primary responsibility under State law for administering an approved State system; (2) the State agency having primary responsibility under State law for administering laws regulating banking, in the case of a violation in a State that does not have an approved State system; or (3) the person having responsibility under subsection (c) for enforcing this section with respect to the depository institution. (c) Enforcement.--The requirements of this section shall be enforced-- (1) under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) by the Office of the Comptroller of the Currency, with respect to national banks, and Federal branches and Federal agencies of foreign banks; (2) under section 8 of that Act by the Board of Governors of the Federal Reserve, with respect to member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act; (3) under section 8 of that Act by the Board of Directors of the Federal Deposit Insurance Corporation, with respect to banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks; (4) under section 8 of that Act by the Director of the Office of Thrift Supervision, with respect to any savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; (5) under the Federal Credit Union Act (12 U.S.C. 1752 et seq.) by the Administrator of the National Credit Union Administration, with respect to any insured credit union; and (6) under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by the Farm Credit Administration, with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. (d) Rules of Construction.--This section shall not be construed to-- (1) prohibit an insured depository institution from charging fees to cash Government checks; or (2) prohibit or preempt a State from establishing requirements or limitations with respect to the charging of fees by insured depository institutions for check cashing services, that are different than State requirements or limitations that apply to persons that are not insured depository institutions. SEC. 5. DISPENSING OF FEDERAL AND STATE GOVERNMENT BENEFITS BY COMMUNITY DEVELOPMENT CREDIT UNIONS. (a) Limitation on Authority of National Credit Union Administration.--The National Credit Union Administration Board may not prohibit any Federally chartered credit union from dispensing benefits under any Federal or State assistance program (including benefits under the Aid to Families with Dependent Children program under title IV of the Social Security Act (42 U.S.C. 601 et seq.)) that are authorized to be dispensed by a check cashing service. (b) Study.--After the date that is 2 years after the date of the enactment of this Act, and not later than 3 years after that date of enactment, the Comptroller General of the United States shall conduct a study and submit a report to the Congress on the effectiveness and efficiency of the dispensation of benefits under Federal and State assistance programs (including benefits under the aid to families with dependent children program under title IV of the Social Security Act (42 U.S.C. 601 et seq.) through federally chartered credit unions. SEC. 6. STUDY OF DEBIT CARD SYSTEMS OF BENEFIT PAYMENTS AND BENEFIT CHECK DELIVERY. Not later than 9 months after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to the Congress on-- (1) the effects of requiring the use of a debit card system for making all benefit payments by the Federal Government; and (2) other innovative ways to enhance and upgrade the current methods by which the Federal Government delivers benefit payment checks. SEC. 7. DEFINITIONS. (a) In General.--As used in this Act-- (1) the term ``approved State system'' means a State check cashing business license or registration system that is approved by the Commission under section 3; (2) the term ``check cashing business'' means a person that regularly and primarily engages in the business of providing any check cashing service for a fee and not in exchange for goods or services; (3) the term ``check cashing service'' means-- (A) the issuance, redemption, or cashing of a 2- party or multi-party check or similar negotiable instrument; (B) the sale, redemption, or cashing of a travelers check, money order, or similar negotiable instrument by an agent of the issuer of the instrument that is authorized to do so; or (C) the transmittal of money by wire, in any form or by any method or manner; (4) the term ``Commission'' means the Federal Trade Commission; (5) the term ``depository institution'' has the meaning given that term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (6) the term ``Federally chartered credit union'' means a credit union having an organization certificate approved by the National Credit Union Board under section 102 of the Federal Credit Union Act (123 U.S.C. 1752a); (7) the term ``government check'' means any check issued by the United States or any agency of the United States; (8) the term ``insured depository institution'' has the meaning given that term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (9) the term ``insured credit union'' has the meaning given that term in section 101(7) of the Federal Credit Union Act (12 U.S.C. 1752(7)); (10) the term ``State'' means the 50 States, the District of Columbia, and the territories and possessions of the United States; and (11) the term ``sufficient identification'' means-- (A) a valid driver's license that bears the name and address of the person providing the license as identification; (B) a valid photo-identification card issued by a State or Federal agency; or (C) a valid United States passport. (b) Terms Relating to Enforcement of Section 4.--A term used in section 4 that is not defined in this Act shall have the meaning given that term by-- (1) section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)); or (2) in the case of a term not defined in the Act referred to in paragraph (1), section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).", "summary": "Check Cashing Act of 1995 - Requires any person other than a depository institution to obtain a State license or registration as a prerequisite to conducting a check cashing business. Prescribes guidelines under which the Federal Trade Commission may approve a State check cashing business licensing or registration system. Cites circumstances under which an insured depository institution or (with respect to its members) credit union may not refuse to cash a government check presented by a payee. Declares that the National Credit Union Administration Board may not prohibit any federally chartered (community development) credit union from dispensing benefits under a Federal or State assistance program that are authorized to be dispensed by a check cashing service. Directs the Comptroller General to study and report to the Congress on: (1) the effectiveness of the dispensation of benefits under Federal and State assistance programs through federally chartered credit unions; and (2) the effects of requiring the use of a debit card system for making all federal benefit payments, as well as other innovative ways to upgrade current methods by which the Federal Government delivers benefit payment checks."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Integrity and Responsibility Act''. SEC. 2. RENT REASONABLENESS TEST. (a) Housing Certificate Program.--Section 8(c)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)) is amended by adding at the end the following new subparagraph: ``(D)(i) Each public housing agency administering assistance provided under the housing certificate program under this section shall ensure that the rent charged for each dwelling unit assisted by the agency is reasonable in comparison with rents charged for comparable unassisted units available in the private residential rental market, by-- ``(I) reviewing all rents for units under consideration by families assisted under the certificate program; and ``(II) reviewing all rent increases for units under lease by families assisted under such program. If an agency determines that the rent (or rent increase) for a unit is not reasonable, the agency shall disapprove a lease for such unit. ``(ii) For purposes of this subparagraph, rent comparisons shall be conducted by comparing the rent of the assisted dwelling unit with the rent of comparable unassisted units that are located in a geographical area, determined by the agency and approved by the Secretary that-- ``(I) is geographically smaller than the applicable housing area used for the establishment of fair market rentals under paragraph (1); ``(II) has a continuous boundary; and ``(III) exhibits a commonality of geographic, demographic, housing, or other characteristics that make it appropriate for use under this subparagraph, including characteristics such as consisting of a recognized or identifiable neighborhood or geographic area, proximity to or identification with a particular location, structure, or feature, having a population with similar incomes, or containing housing a significant portion of which is similar in age, cost, type, or design.''. (b) Housing Voucher Program.--The last sentence of paragraph (10) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(10)) is amended by striking ``may'' and inserting ``shall''. (c) Condition on Receipt of Administrative Fees.--Section 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)) is amended by adding at the end the following new paragraph: ``(5) Notwithstanding any other provision of this subsection, the fee under this subsection attributable to any dwelling unit for any fiscal year may be paid to the public housing agency only if the agency has complied, during the preceding fiscal year, with the requirement under subsection (c)(2)(D) or (o)(10), as applicable, to such dwelling unit.''. SEC. 3. LIMITATION ON ASSISTED UNITS OWNED BY SINGLE OWNER. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (k) the following new subsection: ``(l) Ownership Limitation.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), a single public housing agency may not provide tenant- based assistance under this section for more than 5 dwelling units that are owned by any single owner. ``(2) Waiver.--A public housing agency may waive the applicability of the limitation under paragraph (1) with respect to an owner if the agency determines that all dwelling units owned by such owner and assisted or to be assisted with tenant-based assistance under this section are, at that time, in compliance with housing quality standards established by the Secretary for purposes of this section and any applicable State or local laws relating to housing habitability, construction, maintenance, safety, health, and sanitation. ``(3) Protection of current owners.-- ``(A) In general.--If, at any time, a single owner owns more than 5 protected dwelling units, such protected dwelling units in excess of 5 shall not be considered at such time for purposes of applying the numerical limitation under paragraph (1) to such owner. ``(B) Protected dwelling units.--A dwelling unit shall be considered to be a protected dwelling unit at any time for purposes of this paragraph only if the dwelling unit, at that time, is occupied by a tenant who-- ``(i) is an assisted family on whose behalf tenant-based assistance under this section is provided; ``(ii) on the date of the enactment of the Neighborhood Integrity and Responsibility Act occupied such unit and, at such time, was assisted with tenant-based assistance under this section; and ``(iii) has, without interruption since such date of enactment, continued to occupy such unit and continued to be assisted with such assistance. ``(4) Owner.--The Secretary shall issue regulations defining the term `single owner' for purposes of this subsection. The regulations shall provide that, with respect to any person or entity, any other person or entity owned or controlled by such person or entity (including any such affiliate or subsidiary of such person or entity) shall be considered a single owner for purposes of this subsection.''. SEC. 4. RENT PAID BY ASSISTED FAMILIES. (a) Exceptions to General Rent Rule.--Section 3(a)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437a(1)) is amended in the matter preceding subparagraph (A) by striking ``section 8(c)(3)(B)'' and inserting ``subparagraph (B) or (C) of section 8(c)(3)''. (b) Tenant Rent Payment Under Certificate Program.--Section 8(c)(3) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(3)) is amended-- (1) in the first sentence of subparagraph (A), by inserting before the period at the end the following: ``or subparagraph (B) or (C) of this paragraph, as applicable''; and (2) in subparagraph (B)(i), by striking the matter that precedes clause I and inserting the following: ``(B)(i) Notwithstanding section 3(a)(1) and subparagraph (B) of this paragraph, a family receiving tenant-based assistance under subsection (b) may pay for rent more than the amount determined under such provisions if--''; (3) by redesignating subparagraph (B) (as so amended) as subparagraph (C); and (4) by inserting after subparagraph (A) the following new subparagraph: ``(B) A family on whose behalf tenant-based assistance under subsection (b) is provided for a dwelling unit having a maximum monthly rent under the contract equal to or exceeding 50 percent of the applicable fair market rental for the area shall pay as rent for the dwelling unit the greater of the following two amounts: ``(i) The amount determined for the family under section 3(a)(1). ``(ii) For a dwelling unit having a maximum monthly rent under the contract-- ``(I) that is equal to or exceeds 75 percent of the applicable fair market rental for the area, the amount that is equal to 50 percent of the contract rent for the unit. ``(II) that is equal to or exceeds 50 percent of the applicable fair market rental for the area but is less than 75 percent of such fair market rental, the amount that is equal to 30 percent of the contract rent for the unit.''. (c) Monthly Assistance Payment Under Voucher Program.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended-- (1) in paragraph (2)-- (A) by striking ``The'' and inserting ``(A) Except as provided in paragraph (2), the''; and (B) by adding at the end the following new subparagraph: ``(B) The monthly assistance payment under this subsection for any family renting a dwelling unit having a rent equal to or exceeding 50 percent of the applicable payment standard for the area shall be the amount by which the payment standard exceeds the greater of the following two amounts: ``(i) The amount determined for the family pursuant to subparagraph (A). ``(ii) For a dwelling unit having a rent-- ``(I) that is equal to or exceeds 75 percent of the applicable payment standard for the area, the amount that is equal to 50 percent of the rent for the unit. ``(II) that is equal to or exceeds 50 percent of the applicable payment standard for the area but is less than 75 percent of such payment standard, the amount that is equal to 30 percent of the rent for the unit.''. (d) Conforming Amendments.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(1)(B)) is amended-- (1) in clause (b) of the second sentence of subsection (c)(1), by striking ``paragraph (3)(B)'' and inserting ``paragraph (3)(C)''; and (2) in subsection (y)(6)(A), by striking ``Subsection (c)(3)(B)'' and inserting ``Subsection (c)(3)(C)''.", "summary": "Neighborhood Integrity and Responsibility Act - Amends the United States Housing Act of 1937 to require public housing agencies (PHAs) administering the section 8 housing certificate program to: (1) ensure that program rents are reasonable in comparison with private rentals; and (2) disapprove leases that are not reasonable. Requires (currently authorizes) PHAs to disapprove leases that are not reasonable under the section 8 rental voucher program. Makes PHA administrative fee eligibility dependent upon compliance with such provisions. (Sec. 3) Prohibits (with exceptions) a PHA from providing section 8 tenant-based assistance for more than five units owned by any single owner. (Sec. 4) Revises tenant rent and monthly assistance provisions under the certificate and voucher programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Land Management Workforce Flexibility Act''. SEC. 2. PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT AGENCIES. (a) In General.--Subpart I of part III of title 5, United States Code, is amended by inserting after chapter 95 the following: ``CHAPTER 96--PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT AGENCIES ``Sec. ``9601. Definition. ``9602. Competitive service; time-limited appointments. ``Sec. 9601. Definition ``For purposes of this chapter, the term `land management agency' means-- ``(1) the Forest Service of the Department of Agriculture; ``(2) the Bureau of Land Management of the Department of the Interior; ``(3) the National Park Service of the Department of the Interior; ``(4) the Fish and Wildlife Service of the Department of the Interior; ``(5) the Bureau of Indian Affairs of the Department of the Interior; and ``(6) the Bureau of Reclamation of the Department of the Interior. ``Sec. 9602. Competitive service; time-limited appointments ``(a) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service is eligible to compete for a permanent appointment in the competitive service under that agency's merit promotion procedures if-- ``(1) such individual was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; ``(2) the employee has served under 1 or more time-limited appointments by such agency for a period or periods totaling not less than 24 months without an intervening break of 2 or more years; and ``(3) the employee's performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in paragraph (2). ``(b)(1) For purposes of this subsection, the term `successor permanent position' means, with respect to a time-limited position, a permanent position in the competitive service with the same or substantially similar major duties and qualification requirements in the same major subdivision of the same agency as the time-limited position. ``(2) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service shall be offered any successor permanent position that the agency decides to fill and, upon his or her concurrence, be appointed to such position if-- ``(A) such individual was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; ``(B)(i) the job announcement for the time-limited position stated that there was potential for the position to become permanent; or ``(ii) the employee's first time-limited appointment by such agency occurred before the date of enactment of this chapter; ``(C) the employee has served under a time-limited appointment or appointments in a position or positions in such agency with the same or substantially similar major duties and qualification requirements as the successor permanent position for a period or periods totaling not less than 24 months without an intervening break of 2 or more years; and ``(D) the employee's performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in subparagraph (C). ``(3) If 2 or more employees are eligible for conversion under this subsection, then any preference eligible veterans shall be given priority. ``(4) If 2 or more employees have equal priority for conversion under this subsection, then placement shall be determined by competitive procedures consistent with merit system principles. ``(c) An employee selected or converted under this section becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure. ``(d) An employee appointed under this section acquires competitive status upon appointment. ``(e) The provisions of this section shall apply with respect to time-limited employees who have been separated for reasons other than misconduct or unacceptable performance. For such a separated employee, the provisions of this chapter shall apply as if such separated employee occupied the time-limited position from which such employee was most recently separated. An agency shall be deemed to have met its obligation under this section if notice is sent to the last known address of such individual 21 or more days before a successor permanent position for which he or she is eligible is filled. ``(f) For purposes of this section, time-limited appointments include temporary appointments and term appointments, as defined by the Office of Personnel Management. ``(g) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section.''. (b) Clerical Amendment.--The analysis for part III of title 5, United States Code, is amended by inserting after the item for chapter 95 the following: ``96. Personnel flexibilities relating to land management 9601''. agencies.", "summary": "Land Management Workforce Flexibility Act - Makes an employee of a land management agency who served under a time-limited appointment in the competitive service eligible to compete for a permanent appointment in the agency if the original appointment was competitive, totaled a period of at least 24 months, and the employee's performance was satisfactory. Requires such an employee's appointment to a full-time position, if such a position is offered and the employee agrees to such employment, if the original position stated that there was the potential for the position to become permanent."}
{"article": "SECTION 1. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW. Section 304 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 1104) is amended as follows: (1) By striking ``immediately'' after ``operator of the facility shall'' in subsection (a)(1) and inserting ``, within 1 hour of having knowledge that such release had occurred,''. (2) By striking ``immediately'' after ``operator of the facility shall'' in subsection (a)(2) and inserting ``, within 1 hour of having knowledge that such release had occurred,''. (3) By inserting in subsection (a)(3) in the matter preceding subparagraph (A), ``, within 1 hour of having knowledge that such release had occurred,'' after ``the owner or operator shall''. (4) By amending subsection (b)(1) to read as follows: ``(1) Recipients of notice.--Notice required under subsection (a) shall be given, within 1 hour of having knowledge that the release had occurred, by the owner or operator of a facility (by such means as telephone, radio, or in person) to-- ``(A) the community emergency coordinator for the local emergency planning committees, if established pursuant to section 301(c) of this title, for any area likely to be affected by the release and to the State emergency planning commission of any State likely to be affected by the release; or ``(B) a State agency authorized by State law to receive such notification. If an authorized State agency is notified by an owner or operator of the facility, the State agency shall provide notice to the State emergency response commission within 2 hours of receiving notification. Notice may be given later than 1 hour after knowledge of a leak or spill if the owner or operator of the facility, acting in good faith, is unable to provide notification because of unusual, extenuating circumstances, including remote location, power outages, incapacity of owner or operator, and disruption of telephone service. With respect to transportation of a substance subject to the requirements of this section, or storage incident to such transportation, the notice requirements of this section with respect to a release shall be satisfied by dialing 911 or, in the absence of a 911 emergency telephone number, calling the operator.''. SEC. 2. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980. Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9603) is amended as follows: (1) By striking ``Any person in charge of a vessel'' in subsection (a) and all that follows through the end of the subsection and inserting the following: ``Any person in charge of a vessel or an offshore or an onshore facility shall, within 1 hour of having knowledge of any release (other than a federally permitted release) of a hazardous substance from such vessel or facility in quantities equal to or greater than those determined pursuant to section 9602 of this title, notify-- ``(1) the National Response Center established under the Clean Water Act (33 U.S.C. 1251 et seq.); ``(2) the State emergency response commission established under the Emergency Planning and Community Right-to-Know Act (42 U.S.C. 11001 et seq.); or ``(3) a State agency authorized by State law to receive notification of such release. If the National Response Center is notified directly, the Center shall convey the notification within 2 hours to all appropriate Government agencies, including the Governor of any affected State. If the State emergency response commission receives notification of such release from a State agency or from the person in charge of a vessel or an offshore or an onshore facility, the commission shall convey notification within 2 hours to the National Response Center. If an authorized State agency receives notification of such release from a person in charge of a vessel or an offshore or an onshore facility, the State agency shall convey notification within 2 hours to the National Response Center and the State emergency response commission. Notice may be given later than 1 hour after knowledge of a leak or spill if the person, acting in good faith, is unable to provide notification because of unusual, extenuating circumstances, including location, power outages, incapacity of person having knowledge, and disruption of telephone service.''. (2) In subsection (b), by striking ``immediately the appropriate agency'' and all that follows through ``knowledge of such release'' and inserting ``, within 1 hour of having knowledge that such release had occurred, the National Response Center, the State emergency response commission, or the appropriate State agency as designated by State law''.", "summary": "(Sec. 1) Amends the Emergency Planning and Community Right-to-Know Act of 1986 to modify notice requirements regarding releases of extremely hazardous substances (or releases of other substances subject to Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) notification requirements) to require notification by the owner or operator of the facility at which the chemical is produced, used, or stored to emergency planning officials within one hour of having knowledge (under current law, \"immediately\") that a release has occurred. Permits an exception to the one hour requirement in the event of unusual or extenuating circumstances. Allows such notice to be given (in addition to the community emergency coordinator and State emergency planning commission, as under current law) to a State agency authorized by State law to receive the notification and requires such an agency to then notify the State emergency response commission within two hours. (Sec. 2) Amends CERCLA to modify notice requirements regarding releases of hazardous substances to require notification by the person in charge of the vessel or facility within one hour of having knowledge of the release (under current law, \"as soon as he has knowledge\"). Allows such notice to be given (in addition to the National Response Center established under the Clean Water Act, as under current law) to the State emergency response commission or a State agency authorized by State law to receive the notification. Requires the National Response Center to convey the notification to all appropriate government agencies within two hours and provides a similar time period for notification of the Center or both the Center and the commission if first received by the emergency response commission or the authorized State agency, respectively. Allows an exception to the one hour requirement similar to the one provided by the right-to-know amendments of this Act. Revises penalties for failure to notify to conform with this Act's amendments."}
{"article": "SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Interstate Class Action Jurisdiction Act of 1999''. (b) Reference.--Whenever in this Act reference is made to an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 28, United States Code. SEC. 2. FINDINGS. The Congress finds that-- (1) as recently noted by the United States Court of Appeals for the Third Circuit, interstate class actions are ``the paradigm for Federal diversity jurisdiction because, in a constitutional sense, they implicate interstate commerce, invite discrimination by a local State, and tend to attract bias against business enterprises''; (2) most such cases, however, fall outside the scope of current Federal diversity jurisdiction statutes; (3) that exclusion is an unintended technicality, inasmuch as those statutes were enacted by Congress before the rise of the modern class action and therefore without recognition that interstate class actions typically are substantial controversies of the type for which diversity jurisdiction was designed; (4) Congress is constitutionally empowered to amend the current Federal diversity jurisdiction statutes to permit most interstate class actions to be brought in or removed to Federal district courts; and (5) in order to ensure that interstate class actions are adjudicated in a fair, consistent, and efficient manner and to correct the unintended, technical exclusion of such cases from the scope of Federal diversity jurisdiction, it is appropriate for Congress to amend the Federal diversity jurisdiction and related statutes to allow more interstate class actions to be brought in or removed to Federal court. SEC. 3. JURISDICTION OF DISTRICT COURTS. (a) Expansion of Federal Jurisdiction.--Section 1332 is amended by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following: ``(b)(1) The district courts shall have original jurisdiction of any civil action which is brought as a class action and in which-- ``(A) any member of a proposed plaintiff class is a citizen of a State different from any defendant; ``(B) any member of a proposed plaintiff class is a foreign state and any defendant is a citizen of a State; or ``(C) any member of a proposed plaintiff class is a citizen of a State and any defendant is a citizen or subject of a foreign state. As used in this paragraph, the term `foreign state' has the meaning given that term in section 1603(a). ``(2)(A) The district courts shall not exercise jurisdiction over a civil action described in paragraph (1) if the action is-- ``(i) an intrastate case; ``(ii) a limited scope case; or ``(iii) a State action case. ``(B) For purposes of subparagraph (A)-- ``(i) the term `intrastate case' means a class action in which the record indicates that-- ``(I) the claims asserted therein will be governed primarily by the laws of the State in which the action was originally filed; and ``(II) the substantial majority of the members of all proposed plaintiff classes, and the primary defendants, are citizens of the State in which the action was originally filed; ``(ii) the term `limited scope case' means a class action in which the record indicates that all matters in controversy asserted by all members of all proposed plaintiff classes do not in the aggregate exceed the sum or value of $1,000,000, exclusive of interest and costs, or a class action in which the number of members of all proposed plaintiff classes in the aggregate is less than 100; and ``(iii) the term `State action case' means a class action in which the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief. ``(3) Paragraph (1) shall not apply to any claim concerning a covered security as that term is defined in section 16(f)(3) of the Securities Act of 1933 and section 28(f)(5)(E) of the Securities Exchange Act of 1934. ``(4) Paragraph (1) shall not apply to any class action solely involving a claim that relates to-- ``(A) the internal affairs or governance of a corporation or other form of business enterprise and that arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or ``(B) the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 and the regulations issued thereunder).''. (b) Conforming Amendment.--Section 1332(c) (as redesignated by this section) is amended by inserting after ``Federal courts'' the following: ``pursuant to subsection (a) of this section''. (c) Determination of Diversity.--Section 1332, as amended by this section, is further amended by adding at the end the following: ``(f) For purposes of subsection (b), a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen.''. SEC. 4. REMOVAL OF CLASS ACTIONS. (a) In General.--Chapter 89 is amended by adding after section 1452 the following: ``Sec. 1453. Removal of class actions ``(a) In General.--A class action may be removed to a district court of the United States in accordance with this chapter, but without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed-- ``(1) by any defendant without the consent of all defendants; or ``(2) by any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. ``(b) When Removable.--This section shall apply to any class action before or after the entry of any order certifying a class, except that a plaintiff class member who is not a named or representative class member of the action may not seek removal of the action before an order certifying a class of which the plaintiff is a class member has been entered. ``(c) Procedure for Removal.--The provisions of section 1446(a) relating to a defendant removing a case shall apply to a plaintiff removing a case under this section. With respect to the application of subsection (b) of such section, the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member, through service or otherwise, of the initial written notice of the class action provided at the court's direction. ``(d) Exceptions.-- ``(1) Covered securities.--This section shall not apply to any claim concerning a covered security as that term is defined in section 16(f)(3) of the Securities Act of 1933 and section 28(f)(5)(E) of the Securities Exchange Act of 1934. ``(2) Internal governance of business entities.--This section shall not apply to any class action solely involving a claim that relates to-- ``(A) the internal affairs or governance of a corporation or other form of business enterprise and that arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or ``(B) the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 and the regulations issued thereunder).''. (b) Removal Limitations.--Section 1446(b) is amended in the second sentence-- (1) by inserting ``, by exercising due diligence,'' after ``ascertained''; and (2) by inserting ``(a)'' after ``section 1332''. (c) Technical and Conforming Amendments.--The table of sections for chapter 89 is amended by adding after the item relating to section 1452 the following: ``1453. Removal of class actions.''. (d) Application of Substantive State Law.--Nothing in this section or the amendments made by this section shall alter the substantive law applicable to an action to which the amendments made by section 3 of this Act apply. (e) Procedure After Removal.--Section 1447 is amended by adding at the end the following new subsection: ``(f) If, after removal, the court determines that no aspect of an action that is subject to its jurisdiction solely under the provisions of section 1332(b) may be maintained as a class action under Rule 23 of the Federal Rules of Civil Procedure, it shall dismiss the action. An action dismissed pursuant to this subsection may be amended and filed again in a State court, but any such refiled action may be removed again if it is an action of which the district courts of the United States have original jurisdiction. In any action that is dismissed pursuant to this subsection and that is refiled by any of the named plaintiffs therein in the same State court venue in which the dismissed action was originally filed, the limitations periods on all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending. The limitations periods on any claims that were asserted in a class action dismissed pursuant to this subsection that are subsequently asserted in an individual action shall be deemed tolled for the period during which the dismissed class action was pending.''. SEC. 5. APPLICABILITY. The amendments made by this Act shall apply to any action commenced on or after the date of the enactment of this Act. SEC. 6. GAO STUDY. The Comptroller General of the United States shall, by not later than 1 year after the date of the enactment of this Act, conduct a study of the impact of the amendments made by this Act on the workload of the Federal courts and report to the Congress on the results of the study. Passed the House of Representatives September 23, 1999. Attest: JEFF TRANDAHL, Clerk.", "summary": "Prohibits the district courts from exercising jurisdiction over: (1) a civil action if the action is an intrastate case, a limited scope case, or a State action case; (2) any claim concerning a covered security; and (3) any class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which such enterprise is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security.Provides that, for purposes of a determination of diversity of citizenship, a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen.(Sec. 4) Allows a class action to be removed to a U.S. district court, but without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed by: (1) any defendant without the consent of all defendants; or (2) any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. Specifies that this section shall apply to any class action before or after the entry of any order certifying a class, except that a plaintiff class member who is not a named or representative class member of the action may not seek removal of the action before an order certifying a class of which the plaintiff is a class member has been entered.Makes provisions relating to a defendant removing a case applicable to a plaintiff removing a case under this section. Specifies that the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member of the initial written notice of the class action provided at the court's direction. Makes this section inapplicable to any: (1) claim concerning a covered security; and (2) class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which it is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security.Provides that if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant of a copy of an amended paper from which it may first be ascertained (current law) by exercising due diligence that the case is one which is or has become removable, with an exception.Requires the court to dismiss the action if, after removal, it determines that no aspect of an action that is subject to its jurisdiction solely under this Act may be maintained as a class action under rule 23 of the Federal Rules of Civil Procedure. Permits an action so dismissed to be amended and filed again in a State court, but allows any such re-filed action to be removed again if it is an action of which the U.S. district courts have original jurisdiction. Specifies that in any action dismissed pursuant to this section that is re-filed by any of the named plaintiffs therein in the same State court venue in which the dismissed action was originally filed, the period of limitations on all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending. Deems the limitations periods on any claims that were asserted in a class action dismissed pursuant to this section that are subsequently asserted in an individual action to be tolled for the period during which the dismissed class action was pending.Directs the Comptroller General of the United States to conduct a study of the impact of this Act on the workload of the Federal courts and report to Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Population Fund (UNFPA) Funding Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The renewed commitment of the world community to the formulation of government policies that contribute to global population stabilization and to improvements in the status of women owes much to the efforts of the United Nations and its specialized agencies and organizations, particularly the United Nations Population Fund (UNFPA). (2) Over one-half of the UNFPA's assistance is devoted to maternal and child health programs, including the provision of family planning services, and it is a major supplier of modern methods of contraception. UNFPA also supports efforts aimed at preventing the spread of HIV/AIDS and other sexually- transmitted diseases and activities aimed specifically at enhancing the status of women. (3) UNFPA does not fund abortion services, rather, UNFPA seeks to reduce the incidence of abortion by improving access to contraceptive services and to reduce deaths and injuries related to unsafe abortion by supporting treatment of women suffering from its complications. (4) Operating in over 160 nations in all regions of the world and as a politically neutral source of funds, UNFPA complements the important work of the United States Agency for International Development population assistance program. (5) As a result of the withdrawal of the United States contribution to UNFPA as of 1999, it is estimated that 870,000 women in the developing world will be deprived of effective modern contraception, leading to 500,000 unintended pregnancies, 234,000 births, 200,000 abortions, and thousands of maternal and child deaths. (6) Many global environmental problems, including water shortages, pollution, tropical deforestation, and the loss of wildlife habitat are linked to rapid population growth. UNFPA has assisted countries around the world plan for and slow population growth, therefore reducing its effects on the environment. (7) Assistance provided by UNFPA conforms to the principle, affirmed at the 1994 International Conference on Population and Development by 180 nations, including the United States, that ``all couples and individuals have the basic right to decide freely and responsibly the number and spacing of their children and to have the information, education, and means to do so.''. (8) UNFPA opposes coercion in any form. All of UNFPA's programs are designed in conformity with universally recognized human rights principles. (9) An appropriate way to express the legitimate concerns of the United States Government about the population policies of the People's Republic of China is by placing those concerns on the bilateral agenda along with other important human rights issues, not by singling out a United Nations agency by withholding all funding thereby punishing the women and families around the world who depend on its humanitarian aid. (10) UNFPA can and should play a constructive role in helping to reduce the incidence of coercive practices in China through its new country program that aims to expand voluntarism and contraceptive method choice, to strengthen a broader range of reproductive health services, and to enhance the status of women. SEC. 3. RESTORATION OF THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND. In addition to amounts otherwise available to carry out the purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961, there are authorized to be appropriated $25,000,000 for fiscal year 2000 and $35,000,000 for fiscal year 2001 to be available only for United States voluntary contributions to the United Nations Population Fund. SEC. 4. LIMITATION ON THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND. (a) Limitation.--Notwithstanding any other provision of law, of the funds appropriated for voluntary contributions to the United Nations Population Fund for each of the fiscal years 2000 and 2001, an amount equal to the amount allocated by the United Nations Population Fund for the country program in the People's Republic of China during each fiscal year shall be withheld from obligation and expenditure unless during such fiscal year, the President submits to the appropriate congressional committees the certification described in subsection (b). (b) Certification.--The President shall certify that the country program of the United Nations Population Fund in the People's Republic of China-- (1) focuses on improving the delivery of voluntary family planning information and services; (2) is designed in conformity with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States; (3) is implemented only in counties of the People's Republic of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated; (4) is carried out in consultation with and under the oversight and approval of the UNFPA executive board, including the United States representative; (5) is subject to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation; and (6) suspends operations in project counties found to be in violation of program guidelines.", "summary": "United Nations Population Fund (UNFPA) Funding Act of 1999 - Authorizes appropriations for FY 2000 and 2001 for U.S. voluntary contributions to the United Nations Population Fund. Withholds from the U.S. voluntary contribution to the UNFPA amounts allocated by the UNFPA for the country program in China, unless the President certifies to the appropriate congressional committees that the UNFPA country program in China: (1) focuses on improving the delivery of voluntary family planning information and services; (2) is in conformity with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States; (3) is implemented only in counties of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated; (4) is carried out in consultation with and under the oversight and approval of the UNFPA executive board, including the U.S. representative; (5) is subject to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation; and (6) suspends operations in project counties found to be in violation of program guidelines."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Resolution of the Ethiopia-Eritrea Border Dispute Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Algiers agreements.--The term ``Algiers Agreements'' means the Cessation of Hostilities Agreement and the Comprehensive Peace Agreement. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (3) Cessation of hostilities agreement.--The term ``Cessation of Hostilities Agreement'' means the Agreement on the Cessation of Hostilities signed on June 18, 2000, in Algiers, Algeria, by the Government of Ethiopia and the Government of Eritrea that established a temporary demilitarized security zone within Eritrea to be enforced by the United Nations Peacekeeping Mission in Ethiopia and Eritrea (UNMEE). (4) Comprehensive peace agreement.--The term ``Comprehensive Peace Agreement'' means the agreement signed on December 12, 2000, in Algiers, Algeria, by the Government of Ethiopia and the Government of Eritrea, under the auspices of the Organization of African Unity (OAU), that provided for an end to military hostilities between the two countries, assurances by the countries to refrain from the threat or use of force against each other, and established a neutral Boundary Commission to delimit and demarcate the border between the two countries. (5) Economic assistance.--The term ``economic assistance'' means-- (A) assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance); and (B) assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to economic support fund assistance). (6) Military assistance and arms transfers.--The term ``military assistance and arms transfers'' means-- (A) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance), including the transfer of excess defense articles under section 516 of that Act; (B) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training or ``IMET''), including military education and training for civilian personnel under section 541 of that Act (commonly referred to as ``Expanded IMET''); and (C) assistance under the ``Foreign Military Financing'' Program under section 23 of the Arms Export Control Act and the transfer of defense articles, defense services, design and construction services, or any other defense-related training under that Act. SEC. 3. FINDINGS. Congress makes the following findings: (1) On May 6, 1998, a conflict erupted between Ethiopia and Eritrea, two of the world's poorest countries. (2) The two-year war claimed 100,000 lives, displaced more than 1,000,000 people, cost Ethiopia more than $2,900,000,000, and caused a 62 percent decline in food production in Eritrea. (3) Millions of dollars were diverted from much needed development projects into military activities and weapons procurements at a time when severe drought threatened a famine in both Ethiopia and Eritrea, as bad as the famine in 1984 in those countries, putting more than 13,000,000 lives at risk. (4) On June 18, 2000, Prime Minister Meles Zenawi of the Federal Democratic Republic of Ethiopia and President Isaias Afewerki of the State of Eritrea signed the Cessation of Hostilities Agreement in Algiers, Algeria. On December 12, 2000, the two countries also signed the Comprehensive Peace Agreement in Algiers under the auspices of the Organization of African Unity (OAU) and in the presence of United Nations Secretary General Kofi Annan and President Abdel-Aziz Boutheflika of Algeria. (5) Article 4.2 of the Comprehensive Peace Agreement states the following: ``The parties agree that a neutral Boundary Commission composed of five members shall be established with a mandate to delimit and demarcate the colonial treaty border [between the two countries] based on pertinent colonial treaties (1900, 1902 and 1908) and applicable international law.''. (6) Article 4.15 of the Comprehensive Peace Agreement states the following: ``The parties agree that the delimitation and demarcation determinations of the Commission shall be final and binding. Each party shall respect the border so determined, as well as territorial integrity and sovereignty of the other party.''. (7)(A) The President of the United Nations Security Council, on behalf of the Security Council, confirmed the Security Council's endorsement of the terms and conditions of the Algiers Agreements, with special reference to the neutral Boundary Commission described in Article 4.2 of the Comprehensive Peace Agreement and its mandate. (B) In addition, the Security Council reaffirmed its support for the Algiers Agreements in United Nations Security Council Resolutions 1312 (July 31, 2000), 1320 (September 15, 2000), 1344 (March 15, 2001), 1369 (September 14, 2001), 1398 (March 15, 2002), 1430 (August 14, 2002), 1434 (September 6, 2002), 1466 (March 14, 2003), 1507 (September 12, 2003), 1531 (March 12, 2004), and 1560 (September 14, 2004). (8) On April 13, 2002, the neutral Boundary Commission announced its ``Delimitation Decision'', reiterating that both parties had agreed that it would be ``final and binding''. (9) Following the decision of the Boundary Commission that the heavily disputed town of Badme would be zoned to the Eritrean side of the new border, Foreign Minister Seyoum Mesfin of Ethiopia announced on April 15, 2003, that ``[n]o-one expects the [G]overnment of Ethiopia to accept these mistakes committed by the Commission''. Further, the Ethiopian Ministry of Information released a statement accusing the Boundary Commission of an ``unfair tendency'' in implementing the border ruling and ``misinterpreting'' the Algiers Agreements. (10) In his March 6, 2003, ``Progress Report'' to the United Nations Security Council, Secretary General Kofi Annan reported that Prime Minister Zenawi of Ethiopia had expressed to his Special Representative, Legwaila Joseph Legwaila, that ``if its concerns were not properly addressed Ethiopia might eventually reject the demarcation-related decisions of the Commission''. (11) On September 19, 2003, Prime Minister Zenawi wrote to United Nations Secretary General Kofi Annan and stated: ``As the Commission's decisions could inevitably lead the two countries into another round of fratricidal war, the Security Council has an obligation, arising out of the UN Charter, to avert such a threat to regional peace and stability.''. (12) On October 3, 2003, the United Nations Security Council wrote to Prime Minister Zenawi and stated: ``The members of the Security Council therefore wish to convey to you their deep regret at the intention of the government of Ethiopia not to accept the entirety of the delimitation and demarcation decision as decided by the boundary commission. They note in particular, that Ethiopia has committed itself under the Algiers Agreements to accept the boundary decision as final and binding.''. (13)(A) In an attempt to resolve the continued impasse, United Nations Secretary General Kofi Annan offered his good offices to the two parties and appointed Mr. Lloyd Axworthy, former Minister for Foreign Affairs of Canada, to serve as his Special Envoy for Ethiopia and Eritrea on January 29, 2004. (B) Despite the assurances of the United Nations Secretary General, including in his Progress Reports of March 6, 2004, and July 7, 2004, that the appointment of the Special Envoy was ``not intended to establish an alternative mechanism to the Boundary Commission or to renegotiate its final and binding decision'', President Isaias of Eritrea has refused to meet with the Special Envoy or otherwise engage in political dialogue aimed at resolving the current impasse. (14) In his July 7, 2004, ``Progress Report'' to the United Nations Security Council, Secretary General Kofi Annan reported that the Ethiopian Ministry of Foreign Affairs continues to reiterate its position that ``the current demarcation line would disrupt the lives of border communities and lead to future conflict''. (15) In that same report, Secretary General Annan reminded both governments that they themselves ``entrusted the Boundary Commission with the entire demarcation process, drew up its mandate and selected its Commissioners'' and called upon the Government of Ethiopia to ``unequivocally restate its acceptance of the Boundary Commission's decision, appoint field liaison officers, and pay its dues to and otherwise cooperate fully and expeditiously with the Commission''. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that Ethiopia and Eritrea-- (1) should take all appropriate actions to implement the Algiers Agreements, including by accepting the ``Delimitation Decision'' issued by the neutral Boundary Commission on April 13, 2002, with respect to the boundary between the two countries; and (2) should fully cooperate with the United Nations Special Envoy for Ethiopia-Eritrea, Lloyd Axworthy, whose mandate is the implementation of the Algiers Agreements, the Delimitation Decision of the Boundary Commission, and the relevant resolutions and decisions of the United Nations Security Council. SEC. 5. DECLARATIONS OF POLICY. Congress makes the following declarations: (1) Congress expresses its support for the Boundary Commission established by the Comprehensive Peace Agreement and calls on the international community to continue to support the United Nations trust fund established to facilitate the process of demarcation between Ethiopia and Eritrea and the economic and social transition of affected communities to new borders determined by the Commission. (2) Congress further declares that it shall be the policy of the United States to limit United States assistance for Ethiopia or Eritrea if either such country is not in compliance with, or is not taking significant steps to comply with, the terms and conditions of the Algiers Agreements. (3) Congress strongly condemns statements by senior Ethiopian officials criticizing the Boundary Commission's decision and calls on the Government of Ethiopia to immediately and unconditionally fulfill its commitments under the Algiers Agreements, publicly accept the Boundary Commission's decision, and fully cooperate with the implementation of such decision. (4) Congress recognizes the acceptance by the Government of Eritrea of the Boundary Commission's decision as final and binding, but condemns the Government of Eritrea's continued refusal to take advantage of the good offices offered by the United Nations Secretary General, to work with Special Envoy Lloyd Axworthy, or to otherwise engage in dialogue aimed at resolving the current impasse, and calls on the President of Eritrea to do so without further delay. SEC. 6. LIMITATIONS ON UNITED STATES ASSISTANCE. (a) Limitation on Economic Assistance.--Economic assistance may only be provided for Ethiopia or Eritrea for any period of time for which the President determines that Ethiopia or Eritrea (as the case may be) is in compliance with, or is taking significant steps to comply with, the terms and conditions of the Algiers Agreements. (b) Limitation on Military Assistance and Arms Transfers.--Military assistance and arms transfers may only be provided for Ethiopia or Eritrea for any period of time for which the President determines that Ethiopia or Eritrea (as the case may be) is in compliance with, or is taking significant steps to comply with, the terms and conditions of the Algiers Agreements. (c) Exceptions.--The limitation on assistance under subsections (a) and (b) shall not apply with respect to humanitarian assistance (such as food or medical assistance), assistance to protect or promote human rights, and assistance to prevent, treat, and control HIV/AIDS. (d) Waiver.--The President may waive the application of subsection (a) or (b) with respect to Ethiopia or Eritrea, particularly for the provision of peacekeeping assistance or counterterrorism assistance, if the President determines and certifies to the appropriate congressional committees that it is in the national interests of the United States to do so. SEC. 7. INTEGRATION AND BORDER DEVELOPMENT INITIATIVE. (a) Assistance.--After the date on which the border demarcation between Ethiopia and Eritrea is finalized (consistent with the decision of the Boundary Commission established by the Comprehensive Peace Agreement), the President shall establish and carry out an initiative in conjunction with the Governments of Ethiopia and Eritrea under which assistance is provided to reduce the adverse humanitarian impacts on the populations of the border region, prevent conflict which might result from the demarcation process, and further social and economic development projects that are identified and evaluated by local authorities to establish sustainable integration, development, and trade at the border region. (b) Project Examples.--Examples of development projects referred to in subsection (a) are-- (1) startup initiatives, including farming projects, to promote community economic development and the free flow of trade across the border between the two countries; (2) generous compensation packages for families displaced by the border demarcation and support for relocation; (3) effective mechanisms for managing movement of persons across the border between the two countries; (4) an increase in the supply of basic services in the border region, including water, sanitation, housing, health care, and education; and (5) support for local efforts to reinforce peace and reconciliation in the border region. SEC. 8. REPORT. Until the date on which the border demarcation between Ethiopia and Eritrea is finalized, the President shall prepare and transmit on a regular basis to the appropriate congressional committees a report that contains a description of progress being made toward such demarcation, including the extent to which Ethiopia and Eritrea are in compliance with, or are taking significant steps to comply with, the terms and conditions of the Algiers Agreements, and are otherwise cooperating with internationally-sanctioned efforts to resolve the current impasse. Passed the House of Representatives October 8, 2004. Attest: JEFF TRANDAHL, Clerk.", "summary": "Resolution of the Ethiopia-Eritrea Border Dispute Act of 2004 - (Sec. 4) Expresses the sense of Congress that both Ethiopia and Eritrea should: (1) take all appropriate actions to implement the Algiers Agreements, including by accepting the \"Delimitation Decision\" issued by the neutral Boundary Commission on April 13, 2002, with respect to the boundary between the two countries; and (2) fully cooperate with the United Nations (UN) Special Envoy for Ethiopia-Eritrea. (Sec. 5) Declares that: (1) Congress expresses its support for the Boundary Commission established by the Comprehensive Peace Agreement and calls on the international community to continue to support the UN trust fund to facilitate the demarcation process between Ethiopia and Eritrea and the economic and social transition of affected communities to new borders; (2) it shall be U.S. policy to limit U.S. assistance for Ethiopia or Eritrea if either country is not in compliance with, or is not taking significant steps to comply with the Algiers Agreements; and (3) Congress strongly condemns statements by senior Ethiopian officials criticizing the Boundary Commission's decision and calls on the Government of Ethiopia to accept the Commission's decision. (Sec. 6) States that economic and military assistance for Ethiopia or Eritrea may only be provided for any period of time for which the President determines that either Ethiopia or Eritrea is in compliance with, or is taking significant steps to comply with, the Algiers Agreements. Authorizes presidential waiver of such provision for national security purposes. Exempts from such provision assistance for humanitarian or human rights purposes, or for HIV/AIDS control. (Sec. 7) Directs the President to establish, after finalization of the Ethiopian-Eritrean border demarcation, an integration and border development initiative, including projects to: (1) increase basic services; (2) develop free trade and community development; and (3) reinforce peace and reconciliation. (Sec. 8) Sets forth presidential reporting requirements."}
{"article": "SECTION 1. NONRECOGNITION TREATMENT FOR CERTAIN TRANSFERS BY COMMON TRUST FUNDS TO REGULATED INVESTMENT COMPANIES. (a) General Rule.--Section 584 of the Internal Revenue Code of 1986 (relating to common trust funds) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Nonrecognition Treatment for Certain Transfers to Regulated Investment Companies.-- ``(1) In general.--If-- ``(A) pursuant to a single plan, a common trust fund transfers substantially all of its assets to one or more regulated investment companies in exchange solely for stock in the company or companies to which such assets are so transferred, and ``(B) such stock is distributed by such common trust fund to participants in such common trust fund in exchange solely for their interests in such common trust fund, no gain or loss shall be recognized by such common trust fund by reason of such transfer or distribution, and no gain or loss shall be recognized by any participant in such common trust fund by reason of such exchange. ``(2) Basis rules.-- ``(A) Regulated investment company.--The basis of any asset received by a regulated investment company in a transfer referred to in paragraph (1)(A) shall be the same as it would be in the hands of the common trust fund. ``(B) Participants.--The basis of the stock which is received in an exchange referred to in paragraph (1)(B) shall be the same as that of the property exchanged. If stock in more than one regulated investment company is received in such exchange, the basis determined under the preceding sentence shall be allocated among the stock in each such company on the basis of respective fair market values. ``(3) Treatment of assumptions of liability.-- ``(A) In general.--In determining whether the transfer referred to in paragraph (1)(A) is in exchange solely for stock in one or more regulated investment companies, the assumption by any such company of a liability of the common trust fund, and the fact that any property transferred by the common trust fund is subject to a liability, shall be disregarded. ``(B) Special rule where assumed liabilities exceed basis.-- ``(i) In general.--If in any transfer referred to in paragraph (1)(A) the assumed liabilities exceed the aggregate adjusted bases (in the hands of the common trust fund) of the assets transferred to the regulated investment company or companies-- ``(I) notwithstanding paragraph (1), gain shall be recognized to the common trust fund on such transfer in an amount equal to such excess, ``(II) the basis of the assets received by the regulated investment company or companies in such transfer shall be increased by the amount so recognized, and ``(III) any adjustment to the basis of a participant's interest in the common trust fund as a result of the gain so recognized shall be treated as occurring immediately before the exchange referred to in paragraph (1)(B). If the transfer referred to in paragraph (1)(A) is to two or more regulated investment companies the basis increase under subclause (II) shall be allocated among such companies on the basis of the respective fair market values of the assets received by each of such companies. ``(ii) Assumed liabilities.--For purposes of clause (i), the term `assumed liabilities' means the aggregate of-- ``(I) any liability of the common trust fund assumed by any regulated investment company in connection with the transfer referred to in paragraph (1)(A), and ``(II) any liability to which property so transferred is subject. ``(4) Common trust fund must meet diversification rules.-- This subsection shall not apply to any common trust fund which would not meet the requirements of section 368(a)(2)(F)(ii) if it were a corporation. For purposes of the preceding sentence, Government securities shall not be treated as securities of an issuer in applying the 25-percent and 50-percent test and such securities shall not be excluded for purposes of determining total assets under clause (iv) of section 368(a)(2)(F).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to transfers after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to provide for the nonrecognition of gain or loss for the transfer of common trust fund assets to regulated investment companies in exchange for stock when the stock is distributed to participants of the common trust fund in exchange for their interest in such fund."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Power Plant Safety Act of 2011''. SEC. 2. NUCLEAR POWER PLANT SAFETY. (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following new section: ``Sec. 170J. Revision of Nuclear Power Plant Safety Regulations.-- ``a. Not later than 90 days after the date of enactment of the Nuclear Power Plant Safety Act of 2011, the Commission shall initiate a rulemaking proceeding, including notice and opportunity for public comment, to be completed not later than 18 months after such date of enactment, to revise its regulations to ensure that each utilization facility licensed under this Act can withstand and adequately respond to-- ``(1) an earthquake, tsunami (for a facility located in a coastal area), strong storm, or other event that threatens a major impact to the facility; ``(2) a loss of the primary operating power source for at least 14 days; and ``(3) a loss of the primary backup operating power source for at least 72 hours. ``b. The revision of regulations under this section shall provide for-- ``(1) a requirement that each licensed utilization facility, including any onsite spent nuclear fuel facilities, be equipped with resilient containment, safety, and diagnostic systems sufficient to withstand the circumstances described in subsection a., including requirements to ensure that the reactor core remains cooled, that the containment remains intact, and that the spent fuel cooling and spent fuel pool integrity are maintained; ``(2) a requirement that licensees have at least 14 days worth of emergency power system fuel onsite with which to power the licensed facility in the event of a loss of the primary operating power source; ``(3) a requirement that licensees have sufficient secondary emergency power to power the licensed facility in the event of a loss of both the primary operating power source and the emergency power system described in paragraph (2) for at least 72 hours; ``(4) a requirement that licensees develop, and obtain approval from the Commission for, a plan to obtain sufficient additional fuel or batteries in the event of a long duration loss of operating power or total station blackout; ``(5) a requirement that licensees amend, and obtain approval from the Commission for, any guidance and strategies developed by the licensees that are intended to maintain or restore core cooling, containment, and spent fuel pool cooling capabilities under the circumstances associated with loss of large areas of the plant due to explosions or fire, in order to incorporate lessons learned from the Fukushima nuclear power plant meltdown into such guidance and strategies; ``(6) a requirement that spent nuclear fuel rods be moved from storage pools to certified dry cask storage within one year of the nuclear fuel rods being qualified to be placed in the certified dry casks; ``(7) a requirement to configure spent nuclear fuel rods in spent nuclear fuel pools in a manner that would minimize the chance of a fire in the event of the loss of the water in the spent nuclear fuel pool; ``(8) a requirement that emergency response exercises include scenarios that are based on the near-simultaneous occurrence of circumstances described in subsection a. such as the near-simultaneous earthquake, tsunami, and total station blackout that occurred at the Fukushima nuclear power plant in 2011; and ``(9) appropriate requirements for periodic verification of compliance with the regulations issued under this section. ``c. The Commission shall not issue an approval for any construction permit, operating license, license extension, design certification, combined license, design approval, or manufacturing license until the revisions of regulations under this section take effect.''. (b) Conforming Amendment.--The table of contents of the Atomic Energy Act of 1954 is amended by inserting after the item relating to section 170I the following new item: ``Sec. 170J. Revision of nuclear power plant safety regulations.''. SEC. 3. LOAN GUARANTEES. Section 1702(b) of the Energy Policy Act of 2005 (42 U.S.C. 16512(b)) is amended by inserting after paragraph (2) the following: ``In the case of a guarantee for advanced nuclear energy facilities, the Secretary shall ensure that the cost of the obligation is calculated using a consideration of the Tohoku earthquake of 2011 to estimate the risk characteristics of the project.''.", "summary": "Nuclear Power Plant Safety Act of 2011 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to initiate a rulemaking proceeding to revise nuclear power plant safety regulations to ensure that each licensed utilization facility can withstand and adequately respond to: (1) an earthquake, tsunami (for a facility located in a coastal area), strong storm, or other event that threatens a major impact to the facility; (2) a loss of the primary operating power source for at least 14 days; and (3) a loss of the primary backup operating power source for at least 72 hours. Amends the Energy Policy Act of 2005, in connection with loan guarantees, to require the Secretary of Energy (DOE) to ensure, in the case of a guarantee for advanced nuclear energy facilities, that the cost of the obligation is calculated using a consideration of the Tohoku earthquake of 2011 to estimate the risk characteristics of the project."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Financial Services Relief Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) On August 29, 2005, Hurricane Katrina, a category 4 storm with an impact area of 90,000 square miles, reached landfall devastating the States of Louisiana, Mississippi and Alabama, causing loss of life and property. (2) Levee breaches in the flood control system for the city of New Orleans as a result of Hurricane Katrina resulted in tragic flooding, causing additional loss of life and property. (3) Due to the substantial damage to both property and infrastructure, more than 1,000,000 people were made homeless or brought under financial duress by the effects of Hurricane Katrina. (4) At least 120 insured depository institutions and 96 insured credit unions are located in the areas of Texas, Louisiana, Mississippi and Alabama, declared as major disaster areas by the President. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (2) Insured credit union.--The term ``insured credit union'' has the same meaning as in section 101 of the Federal Credit Union Act. (3) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (4) Qualified disaster area.--The term ``qualified disaster area'' means any area within Alabama, Louisiana, Florida, or Mississippi in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after August 25, 2005, that a major disaster exists due to Hurricane Katrina. SEC. 4. SENSE OF THE CONGRESS ON CASHING OF GOVERNMENT CHECKS. It is the sense of the Congress that-- (1) it is vital that insured depository institutions and insured credit unions continue to provide financial services to consumers displaced or otherwise affected by Hurricane Katrina, which includes the cashing of Federal government assistance and benefit checks; (2) the Secretary of the Treasury and the Federal financial regulators should seek to educate insured depository institutions and insured credit unions on the proper application of the guidance issued by the Secretary on cashing of Federal government assistance and benefit checks and published in the Federal Register while such guidance is in effect; and (3) the Federal financial regulators should continue to work with the insured depository institutions and insured credit unions operating under extraordinary circumstances to facilitate the cashing of Federal government assistance and benefit checks. SEC. 5. WAIVER OF FEDERAL RESERVE BOARD FEES FOR CERTAIN SERVICES. Notwithstanding section 11A of the Federal Reserve Act or any other provision of law, during the effective period of this section, a Federal reserve bank shall waive or rebate any transaction fee for wire transfer services that otherwise would be imposed on any insured depository institution or insured credit union that as of August 28, 2005, was headquartered in a qualified disaster area. SEC. 6. FLEXIBILITY IN CAPITAL AND NET WORTH STANDARDS FOR AFFECTED INSTITUTIONS. (a) In General.--Notwithstanding section 38 of the Federal Deposit Insurance Act, section 216 of the Federal Credit Union Act, or any other provision of Federal law, during the 18-month period beginning on the date of enactment of this Act, the appropriate Federal banking agency and the National Credit Union Administration may forbear from taking any action required under any such section or provision, on a case-by-case basis, with respect to any undercapitalized insured depository institution or undercapitalized insured credit union that is not significantly or critically undercapitalized, if such agency or Administration determines that-- (1) the insured depository institution or insured credit union derives more than 50 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area; (2) the insured depository institution or insured credit union was at least adequately capitalized as of August 25, 2005; (3) the reduction in the capital or net worth category of the insured depository institution or insured credit union is directly attributable to the impact of Hurricane Katrina; and (4) forbearance from any such action-- (A) would facilitate the recovery of the insured depository institution or insured credit union from the disaster in accordance with a recovery plan or a capital or net worth restoration plan established by such depository institution or credit union; and (B) would be consistent with safe and sound practices. (b) Capital and Net Worth Categories Defined.--For purposes of this section, the terms relating to capital categories for insured depository institutions have the same meaning as in section 38(b)(1) of the Federal Deposit Insurance Act and the terms relating to net worth categories for insured credit unions have the same meaning as in section 216(c)(1) of the Federal Credit Union Act. SEC. 7. DEPOSIT OF INSURANCE PROCEEDS. (a) In General.--The appropriate Federal banking agency and the National Credit Union Administration may, by order, permit an insured depository institution or insured credit union, during the 18-month period beginning on the date of enactment of this Act, to subtract from such institution's or credit union's total assets in calculating compliance with the leverage limit, applicable under section 38 of the Federal Deposit Insurance Act or section 216(c)(2) of the Federal Credit Union Act with respect to such insured depository institution or insured credit union, an amount not exceeding the qualifying amount attributable to insurance proceeds, if the agency or Administration determines that-- (1) such institution or credit union-- (A) derives more than 50 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area; (B) was at least adequately capitalized as of August 25, 2005; and (C) has an acceptable plan for managing the increase in its total assets and total deposits; and (2) the subtraction is consistent with the purpose of section 38 of the Federal Deposit Insurance Act, in the case of an insured depository institution, and section 216 of the Federal Credit Union Act, in the case of an insured credit union. (b) Definitions.--For purposes of this section, the following definitions shall apply: (1) Leverage limit.--The term ``leverage limit''-- (A) with respect to an insured depository institution, has the same meaning as in section 38 of the Federal Deposit Insurance Act; and (B) with respect to an insured credit union, means the net worth ratio that corresponds to the leverage limit, as established in accordance with section 216(c)(2). (2) Qualifying amount attributable to insurance proceeds.-- The term ``qualifying amount attributable to insurance proceeds'' means the amount (if any) by which the institution's or credit union's total assets exceed the institution's or credit union's average total assets during the calendar quarter ending before the date of the earliest Presidential determination referred to in section 3(4), because of the deposit of insurance payments or governmental assistance, including government disaster relief payments, made with respect to damage caused by, or other costs resulting from, the major disaster within a qualified disaster area. SEC. 8. EFFECTIVE PERIOD. (a) In General.--Except as provided in sections 4(2), 6(a), and 7(a) and subject to subsection (b), the provisions of this Act shall not apply after the end of the 180-day period beginning on the date of the enactment of this Act. (b) 30-Day Extension Authorized.--With respect to the provisions of section 5, the 180-day period referred to in subsection (a) may be extended for 1 additional 30-day period upon a determination by the Board of Governors of the Federal Reserve System that such extension is appropriate to achieve the purposes of this Act. Passed the House of Representatives October 27, 2005. Attest: JEFF TRANDAHL, Clerk.", "summary": "Hurricane Katrina Financial Services Relief Act of 2005 - (Sec. 4) Expresses the sense of Congress that it is vital that insured depository institutions and insured credit unions continue to provide financial services to consumers displaced or otherwise affected by Hurricane Katrina, which includes the cashing of federal government assistance and benefit checks. Urges the Secretary of the Treasury and federal financial regulators to seek to educate insured depository institutions and insured credit unions on the proper application of the guidance on cashing of federal government assistance and benefit checks. Urges federal financial regulators to continue to work with such institutions and credit unions operating under extraordinary circumstances to facilitate the cashing of federal government assistance and benefit checks. (Sec. 5) Requires a federal reserve bank to waive or rebate any transaction fee for wire transfer services that otherwise would be imposed on any insured depository institution or insured credit union that, as of August 28, 2005, was headquartered in a qualified disaster area. (Sec. 6) Authorizes a federal financial regulator in specified circumstances to: (1) forbear from taking any action, on a case-by-case basis, with respect to any undercapitalized insured entity that is not significantly or critically undercapitalized; and (2) permit such entity, in calculating compliance with the applicable leverage limit, to subtract from its total assets an amount not exceeding the qualifying amount attributable to insurance proceeds. Identifies such an insured entity as one that: (1) derives more than 50% of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area; (2) was adequately capitalized as of August 25, 2005; (3) incurred reduction of its capital or net worth category as a direct result of Hurricane Katrina;(4) has established a recovery plan, or a capital or net worth restoration plan; and (5) has an acceptable plan for managing the increase in its total assets and deposits. (Sec. 8) Terminates the application of this Act 180 days after its enactment. Allows one additional 30-day extension by the Board of Governors of the Federal Reserve System of the application period."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Peer Support Communities of Recovery Act''. SEC. 2. BUILDING COMMUNITIES OF RECOVERY. Section 547 of the Public Health Service Act (42 U.S.C. 290ee-2) is amended-- (1) in subsection (a)-- (A) in the heading, by striking ``Definition'' and inserting ``Definitions''; (B) in the matter preceding paragraph (1), by striking ``In this section, the term `recovery community organization' means an independent nonprofit organization that--'' and inserting ``In this section:''; (C) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs (as so redesignated) 2 ems to the right; (D) by inserting before subparagraph (A) (as so redesignated) the following: ``(1) Recovery community organization.--The term `recovery community organization' means an independent nonprofit organization that--''; and (E) by adding at the end the following: ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a national nonprofit entity focused on substance use disorder with a network of local affiliates and partners that are geographically and organizationally diverse; or ``(B) a nonprofit organization-- ``(i) focused on substance use disorder; ``(ii) established by individuals in personal or family recovery; and ``(iii) serving prevention, treatment, recovery, payor, faith-based, and criminal justice stakeholders in the implementation of local addiction and recovery initiatives.''; (2) in subsection (b)-- (A) by striking ``The Secretary shall award grants to recovery community organizations'' and inserting ``The Secretary-- ``(1) shall award grants to recovery community organizations''; (B) by striking ``services.'' and inserting ``services and allow such organizations to use such grant funds to carry out the activities described in subparagraphs (A) through (C) of subsection (c)(2); and''; and (C) by adding at the end the following: ``(2) may award grants to eligible entities for purposes of establishing regional technical assistance centers, in accordance with subsection (c)(2)(D).''; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)-- (A) in paragraph (1), by striking ``shall be used'' and inserting ``to a recovery community organization shall be used''; (B) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i), by inserting before ``build'' the following: ``in the case of a grant awarded to a recovery community organization,''; (ii) in subparagraph (B)-- (I) by inserting before ``reduce'' the following: ``in the case of a grant awarded to a recovery community organization,''; and (II) by striking ``and'' at the end; (iii) in subparagraph (C)-- (I) by inserting before ``conduct'' the following: ``in the case of a grant awarded to a recovery community organization,''; and (II) by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(D) in the case of a grant awarded to an eligible entity, provide for the establishment of regional technical assistance centers to provide regional technical assistance for the following: ``(i) Implementation of regionally driven, peer-delivered addiction recovery support services before, during, after, or in conjunction with addiction treatment. ``(ii) Establishment of recovery community organizations. ``(iii) Establishment of recovery community centers.''; and (6) in subsection (d) (as so redesignated), by inserting before the period the following: ``, and $15,000,000 for each of fiscal years 2019 through 2023''. Passed the House of Representatives June 12, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Peer Support Communities of Recovery Act This bill amends the Public Health Service Act to allow the Substance Abuse and Mental Health Services Administration to award grants to nonprofits that focus on substance use disorder to establish regional technical assistance centers to provide assistance regarding implementation of peer-delivered addiction recovery support services, establishment of recovery community organizations and centers, and overdose reversal medication."}
{"article": "SECTION 1. IMPOSITION OF CARBON TAX ON PRIMARY FOSSIL FUELS. (a) General Rule.--Chapter 38 of the Internal Revenue Code of 1986 (relating to environmental taxes) is amended by adding at the end thereof the following new subchapter: ``Subchapter E--Carbon Tax on Primary Fossil Fuels ``Sec. 4691. Tax on coal. ``Sec. 4692. Tax on petroleum. ``Sec. 4693. Tax on natural gas. ``Sec. 4694. Inflation adjustments. ``SEC. 4691. TAX ON COAL. ``(a) General Rule.--There is hereby imposed a tax at the rate specified in subsection (b) on coal sold by the producer or importer thereof. ``(b) Rate of Tax.-- ``(1) In general.--Except as provided in paragraph (2), the rate of the tax imposed by subsection (a) shall be $18 per ton. ``(2) Phase-in.-- The rate of the tax imposed by subsection Effective during (a) shall be the fol- calendar year: lowing amount per ton: 1994................................. $3.60 1995................................. $7.20 1996................................. $10.80 1997................................. $14.40 ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Coal to include lignite.--The term `coal' includes lignite. ``(2) Ton.--The term `ton' means 2,000 pounds. ``(3) Use treated as sale.--If the producer or importer of any coal uses such coal, such producer or importer shall be liable for tax under this section in the same manner as if such coal were sold by such producer or importer. ``SEC. 4692. TAX ON PETROLEUM. ``(a) General Rule.--There is hereby imposed a tax at the rate specified in subsection (c) on any petroleum with respect to which there is a taxable event. ``(b) Taxable Event.--For purposes of this section, the term `taxable event' means any event which would result in tax being imposed under section 4611 if-- ``(1) such section were applied without regard to subsections (b)(2), (e), and (f) thereof, and ``(2) section 4612(b) were applied by substituting `section 4692' for `section 4611'. ``(c) Amount of Tax.-- ``(1) In general.--Except as provided in paragraph (2), the rate of the tax imposed by subsection (a) shall be $3.90 per barrel. ``(2) Phase-in.-- The rate of the tax imposed by subsection Effective during (a) shall be the fol- calendar year: lowing amount per barrel: 1994................................. $.78 1995................................. $1.56 1996................................. $2.34 1997................................. $3.12 ``(d) Person Liable for Tax.--The person required to pay the tax imposed by this section on any petroleum shall be determined under the principles of section 4611(d). ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Petroleum.--The term `petroleum' means any petroleum product including crude oil. ``(2) Barrel.--The term `barrel' means 42 United States gallons. ``(3) Fraction of barrel.--In the case of a fraction of a barrel, the tax imposed by this section shall be the same fraction of the amount of such tax imposed on a whole barrel. ``(4) Certain rules made applicable.--Rules similar to the rules of subsections (c) and (e) of section 4612 shall apply to the tax imposed by this section. ``SEC. 4693. TAX ON NATURAL GAS. ``(a) General Rule.--There is hereby imposed a tax at the rate specified in subsection (c) on-- ``(1) natural gas received at a United States pipeline facility, and ``(2) natural gas entered into the United States for consumption, use, or warehousing. ``(b) Tax on Certain Uses, Etc.-- ``(1) In general.--If-- ``(A) any domestic natural gas is used in or exported from the United States, and ``(B) before such use or exportation, no tax was imposed on such natural gas under subsection (a), then a tax at the rate specified in subsection (c) is hereby imposed on such natural gas. ``(2) Exception for certain uses on premises where produced.--Paragraph (1) shall not apply to any use of natural gas for extracting oil or natural gas on the premises where such natural gas was produced. The preceding sentence shall not apply to any use involving the combustion of the natural gas. ``(c) Rate of Tax.-- ``(1) In general.--Except as provided in paragraph (2), the rate of the taxes imposed by this section shall be 48 cents per MCF. ``(2) Phase-in.-- The rate of the taxes imposed by subsection (a) Effective during shall be the fol- calendar year lowing amount per MCF 1994................................. $.096 1995................................. $.192 1996................................. $.288 1997................................. $.384 ``(d) Persons Liable for Tax.-- ``(1) Receipt at pipeline.--The tax imposed by subsection (a)(1) shall be paid by the operator of the United States pipeline facility. ``(2) Importation.--The tax imposed by subsection (a)(2) shall be paid by the person entering the natural gas for consumption, use, or warehousing. ``(3) Tax on use or exports.--The tax imposed by subsection (b) shall be paid by the person using or exporting the natural gas, as the case may be. ``(e) Definitions.--For purposes of this section-- ``(1) Natural gas.--The term `natural gas' includes any natural gas liquid which is not treated as petroleum for purposes of the tax imposed by section 4692. ``(2) Domestic natural gas.--The term `domestic natural gas' means any natural gas produced from a well located in the United States. ``(3) United states pipeline facility.--The term `United States pipeline facility' means any pipeline in the United States used for purposes of transporting natural gas (other than a pipeline which is part of a gathering system). ``(4) MCF.--The term `MCF' means 1,000 cubic feet. ``(5) Other definitions.--The terms `United States' and `premises' have the respective meanings given such terms by section 4612(a). ``(6) Fractional part of mcf.--In the case of a fraction of an MCF, the tax imposed by this section shall be the same fraction of the amount of such tax imposed on a whole MCF. ``(7) Certain rules made applicable.--Rules similar to the rules of subsections (b), (c), and (e) of section 4612 shall apply to the tax imposed by this section. ``SEC. 4694. INFLATION ADJUSTMENTS. ``(a) General Rule.--Each rate of tax which would otherwise be in effect under this subchapter during any calendar year after 1994 shall be increased by the percentage (if any) by which-- ``(1) the CPI for the preceding calendar year (as defined in section 1(f)(4)), exceeds ``(2) the CPI for calendar year 1993 (as so defined). ``(b) Rounding.--Any increase under subsection (a) shall be rounded-- ``(1) to the nearest multiple of 10 cents in the case of a rate in effect under section 4691, ``(2) to the nearest multiple of 1 cent in the case of a rate in effect under section 4692, and ``(3) to the nearest multiple of 1/10 cent in the case of a rate in effect under section 4693.'' (b) Clerical Amendment.--The table of subchapters for chapter 38 of such Code is amended by adding at the end thereof the following new item: ``Subchapter E. Carbon tax on primary fossil fuels.'' (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1994.", "summary": "Amends the Internal Revenue Code to impose a tax on the sale or importation of the following fuels based on their carbon content: coal, petroleum, and natural gas. Provides an inflation adjustment for such tax rates after calendar year 1994."}
{"article": "SECTION 1. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT. (a) Inspection and Supervisory Fees.--Section 7(j)(4) of the United States Grain Standards Act (7 U.S.C. 79(j)(4)) is amended by striking ``September 30, 2005'' and inserting ``September 30, 2010''. (b) Weighing and Supervisory Fees.--Section 7A(l)(3) of such Act (7 U.S.C. 79a(l)(3)) is amended by striking ``September 30, 2005'' and inserting ``September 30, 2010''. (c) Limitation on Administrative and Supervisory Costs.--Section 7D of such Act (7 U.S.C. 79d) is amended by striking ``2005'' and inserting ``2010''. (d) Authorization of Appropriations.--Section 19 of such Act (7 U.S.C. 87h) is amended by striking ``2005'' and inserting ``2010''. (e) Advisory Committee.--Section 21(e) of such Act (7 U.S.C. 87j) is amended by striking ``September 30, 2005'' and inserting ``September 30, 2010''. (f) Effective Date.--The amendments made by this section shall take effect as of September 30, 2005. SEC. 2. PERFORMANCE OF OFFICIAL INSPECTION AND WEIGHING ACTIVITIES AT EXPORT PORT LOCATIONS OF GRAIN UNDER UNITED STATES GRAIN STANDARDS ACT. (a) Official Inspection Authority and Funding.--Section 7 of the United States Grain Standards Act (7 U.S.C. 79) is amended-- (1) in subsection (e)-- (A) by striking ``(e)(1) Except as otherwise provided in paragraph (2) of this subsection'' and inserting the following: ``(e) Official Inspection at Export Port Locations; Use of State Agencies and Private Entities.-- ``(1) In general.--Except as otherwise provided in paragraphs (2) and (3)''; and (B) by striking paragraph (3) and inserting the following: ``(3) Use of private entities.-- ``(A) In general.--If the Secretary determines that a person or private entity is qualified to perform official inspection and meets the criteria of subsection (f)(1)(A), the Secretary may use the person or private entity to perform all or specified functions involved in official inspection (other than appeal inspection and such other functions as may be specified in the regulations prescribed under subparagraph (B)) at export port locations. ``(B) Requirements.-- ``(i) Regulations.--A person or private entity described in subparagraph (A) shall be subject to such rules, regulations, instructions, and oversight as the Secretary may prescribe. ``(ii) Responsibility of secretary.-- Notwithstanding the use of persons or private entities to perform specified functions involved in official inspections at export port locations, official inspection shall continue to be the direct responsibility of the Secretary. ``(C) Termination.--The use of a person or private entity to perform official inspections at an export port location under subparagraph (A)-- ``(i) shall terminate at the such time as specified by the Secretary, but not later than the date that is three years after the date of the initial performance of official inspections by the person or private entity at the export port location; and ``(ii) may be terminated by the Secretary, at the discretion of the Secretary, at any time after notice to the person or private entity without opportunity for a hearing. ``(D) Renewal.--The use of a person or private entity to perform official inspections at an export port location under subparagraph (A) may be renewed in accordance with the regulations prescribed under subparagraph (B). ``(E) Reporting requirement.--Not later than February 15 of each even-numbered year, the Secretary shall submit to Congress a report detailing the Secretary's use of the authority provided by subparagraph (A), during the preceding two-year period, to contract with persons or private entities to perform official inspections at export port locations. Each report shall identify each export port location at which the persons and private entities are used, the number of official inspection personnel utilized, and the types of official inspection and official weighing functions performed.''; (2) in subsection (f)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) by inserting ``or private entity'' after ``or any person''; and (II) by striking ``or person'' and inserting ``, person, or private entity''; and (ii) in the matter preceding clause (i) of subparagraph (A), by striking ``or person'' each place it appears and inserting ``, person, or private entity''; and (B) in paragraph (4), by striking ``or person'' and inserting ``, person, or private entity''; and (3) in subsection (j)-- (A) in the first sentence of paragraph (2), by inserting ``and private entity'' after ``each State agency''; and (B) in the first sentence of paragraph (4), by striking ``and State agencies'' and inserting ``and delegated State agencies and private entities''. (b) Weighing Authority.--Section 7A of the United States Grain Standards Act (7 U.S.C. 79a) is amended-- (1) in subsection (c)(2)-- (A) in the first sentence-- (i) by inserting ``or private entity'' after ``to the State agency''; and (ii) by striking ``agency or person'' each place it appears and inserting ``agency, private entity, or person''; and (B) in the second sentence-- (i) by striking ``agency or person'' each place it appears and inserting ``agency, private entity, or person''; (ii) by inserting ``or private entity'' after ``any person''; and (iii) by striking ``agency, or person'' and inserting ``agency, private entity, or person''; (2) in subsection (h), by striking ``agency or person'' and inserting ``agency, private entity, or person''; (3) in subsection (i)-- (A) in paragraph (1), by striking ``agency or person'' and inserting ``agency, private entity, or person''; and (B) in paragraph (2), by striking ``or State agency'' and inserting ``, State agency, or private entity''; and (4) in subsection (l)-- (A) in the first sentence of paragraph (2)-- (i) by striking ``Each agency'' and inserting ``Each agency or private entity''; (ii) by inserting ``, private entity,'' after ``each agency''; (iii) by inserting ``or private entity'' after ``the agency''; and (iv) by inserting ``and private entities'' after ``such agencies''; and (B) in paragraph (3)-- (i) in the first sentence, by inserting ``, private entities,'' after ``on agencies''; and (ii) in the second sentence, by inserting ``or private entity'' after ``by a State''. (c) Licenses and Authorizations.--Section 8(g) of the United States Grain Standards Act (7 U.S.C. 84(g)) is amended-- (1) by inserting ``or private entities'' after ``State agencies''; and (2) by inserting ``or private entities'' after ``all persons''. SEC. 3. INAPPLICABILITY OF GEOGRAPHIC BOUNDARIES FOR DESIGNATED OFFICIAL AGENCIES. (a) Official Inspection.--Subsection (f) of section 7 of such Act (7 U.S.C. 79) is amended-- (1) in paragraph (2), by striking ``Not more than one official agency designated under paragraph (1) or State delegated authority under subsection (e)(2)'' and inserting ``Subject to paragraph (5), not more than one official agency designated under paragraph (1)''; and (2) by adding at the end the following new paragraph: ``(5) The geographic boundary limitations applicable to official agencies under paragraph (2) do not apply to export port locations, and the Secretary may use more than one person or private entity selected under subsection (e)(3) to perform official inspections at an export port location.''. (b) Official Weighing.--Subsection (i) of section 7A of such Act (7 U.S.C. 79a) is amended-- (1) in paragraph (2), by striking ``Not more than one designated official agency referred to in paragraph (1) or State agency delegated authority pursuant to subsection (c)(2)'' and inserting ``Subject to paragraph (3), not more than one designated official agency referred to in paragraph (1)''; and (2) by adding at the end the following new paragraph: ``(3) Inapplicability of geographic boundaries to export port locations.--The geographic boundary limitations applicable to designated official agencies under paragraph (2) do not apply to export port locations, and the Secretary may assign more than one designated person or private entity to perform official weighing at an export port location.''.", "summary": "Amends the United States Grain Standards Act to extend: (1) authority for inspection, weighing, and supervisory fees, supervisory and administrative cost limitations, and the advisory committee; and (2) authorization of appropriations. Authorizes with respect to export port locations of grain: (1) private entity performance of official inspection and weighing activities; and (2) use of more than one designated person or entity to perform such activities. (Makes certain geographic boundary provisions inapplicable to designated agencies at export port locations.)"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Combat Human Trafficking Act of 2015''. SEC. 2. REDUCING DEMAND FOR SEX TRAFFICKING; LOWER MENS REA FOR SEX TRAFFICKING OF UNDERAGE VICTIMS. (a) Clarification of Range of Conduct Punished as Sex Trafficking.--Section 1591 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``or maintains'' and inserting ``maintains, patronizes, or solicits''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``or obtained'' and inserting ``obtained, patronized, or solicited''; and (B) in paragraph (2), by striking ``or obtained'' and inserting ``obtained, patronized, or solicited''; and (3) by striking subsection (c) and inserting the following: ``(c) In a prosecution under subsection (a)(1), the Government need not prove that the defendant knew, or recklessly disregarded the fact, that the person recruited, enticed, harbored, transported, provided, obtained, maintained, patronized, or solicited had not attained the age of 18 years.''. (b) Definition Amended.--Section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking ``or obtaining'' and inserting ``obtaining, patronizing, or soliciting''. (c) Minimum Period of Supervised Release for Conspiracy To Commit Commercial Child Sex Trafficking.--Section 3583(k) of title 18, United States Code, is amended by inserting ``1594(c),'' after ``1591,''. SEC. 3. BUREAU OF JUSTICE STATISTICS REPORT ON STATE ENFORCEMENT OF SEX TRAFFICKING PROHIBITIONS. (a) Definitions.--In this section-- (1) the terms ``commercial sex act'', ``severe forms of trafficking in persons'', ``State'', and ``Task Force'' have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (2) the term ``covered offense'' means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons; and (3) the term ``State law enforcement officer'' means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (b) Report.--The Director of the Bureau of Justice Statistics shall-- (1) prepare an annual report on-- (A) the rates of-- (i) arrest of individuals by State law enforcement officers for a covered offense; (ii) prosecution (including specific charges) of individuals in State court systems for a covered offense; and (iii) conviction of individuals in State court systems for a covered offense; and (B) sentences imposed on individuals convicted in State court systems for a covered offense; and (2) submit the annual report prepared under paragraph (1) to-- (A) the Committee on the Judiciary of the House of Representatives; (B) the Committee on the Judiciary of the Senate; (C) the Task Force; (D) the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)); and (E) the Attorney General. SEC. 4. LAW ENFORCEMENT OFFICERS, PROSECUTORS, AND JUDGES. (a) Definitions.--In this section-- (1) the terms ``commercial sex act'', ``severe forms of trafficking in persons'', and ``State'' have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (2) the term ``covered offender'' means an individual who obtains, patronizes, or solicits a commercial sex act involving a person subject to severe forms of trafficking in persons; (3) the term ``Federal law enforcement officer'' has the meaning given the term in section 115 of title 18, United States Code; (4) the term ``local law enforcement officer'' means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law; and (5) the term ``State law enforcement officer'' means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (b) Training.-- (1) Law enforcement officers.--The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice, including each anti-human trafficking training program for Federal, State, or local law enforcement officers, includes technical training on-- (A) effective methods for investigating and prosecuting covered offenders; and (B) facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of trafficking in persons. (2) Federal prosecutors.--The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice for United States attorneys or other Federal prosecutors includes training on seeking restitution for offenses under chapter 77 of title 18, United States Code, to ensure that each United States attorney or other Federal prosecutor, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim of the offense without regard to whether the victim requests restitution. (3) Judges.--The Federal Judicial Center shall provide training to judges relating to the application of section 1593 of title 18, United States Code, with respect to ordering restitution for victims of offenses under chapter 77 of such title. (c) Policy for Federal Law Enforcement Officers.--The Attorney General shall ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of covered offenders. SEC. 5. WIRETAP AUTHORITY FOR HUMAN TRAFFICKING VIOLATIONS. Section 2516 of title 18, United States Code, is amended-- (1) in paragraph (1)(c)-- (A) by inserting before ``section 1591'' the following: ``section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),''; and (B) by inserting before ``section 1751'' the following: ``section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor),''; and (2) in paragraph (2), by inserting ``human trafficking, child sexual exploitation, child pornography production,'' after ``kidnapping,''. SEC. 6. STRENGTHENING CRIME VICTIMS' RIGHTS. (a) Notification of Plea Agreement or Other Agreement.--Section 3771(a) of title 18, United States Code, is amended by adding at the end the following: ``(9) The right to be informed in a timely manner of any plea agreement or deferred prosecution agreement.''. (b) Appellate Review of Petitions Relating to Crime Victims' Rights.-- (1) In general.--Section 3771(d)(3) of title 18, United States Code, is amended by inserting after the fifth sentence the following: ``In deciding such application, the court of appeals shall apply ordinary standards of appellate review.''. (2) Application.--The amendment made by paragraph (1) shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act.", "summary": "Combat Human Trafficking Act of 2015 Amends the federal criminal code, with respect to sex trafficking of children, to: (1) subject to criminal prosecution buyers, as well as sellers, of commercial sex involving sex trafficking victims; (2) provide that in prosecutions of sex trafficking crimes, the government is not required to prove that a sex trafficking defendant knew or recklessly disregarded the fact that a victim was under age 18; (3) equalize the period of supervised release for sex trafficking offenders convicted of conspiracy; (4) expand wiretap authority for investigating crimes related to sex trafficking, including slavery, involuntary servitude, and forced labor; (5) grant crime victims the right to be informed in a timely manner of any plea agreement or deferred prosecution agreement; and (6) require an appellate court to apply ordinary standards of review in reviewing appeals filed by crime victims.    Requires the Bureau of Justice Statistics in the Department of Justice (DOJ) to prepare and report annually on: (1) the rates of arrests by state law enforcement officers for sex trafficking crimes involving buyers of commercial sex involving sex trafficking victims, and (2) prosecutions and convictions for such crimes in state courts. Directs the Attorney General to ensure that: (1) DOJ anti-human trafficking training programs, including programs for law enforcement officers, include technical training on effective methods for investigating and prosecuting individuals who obtain, patronize, or solicit a commercial sex act involving a person subject to severe forms of human trafficking and on facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of human trafficking; (2) federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of such offenses; and (3) DOJ anti-human trafficking programs for U.S. attorneys or other federal prosecutors include training on seeking restitution for peonage, slavery, and human trafficking offenses to ensure that each such attorney, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim without regard to whether the victim requests it. Requires the Federal Judicial Center to provide training to judges relating to the application of mandatory restitution provisions regarding ordering restitution for victims of such offenses."}
{"article": "TITLE I--MOTOR VEHICLE SAFETY SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Section 30104 of title 49, United States Code, is amended to read as follows: ``Sec. 30104. Authorization of Appropriations ``There is authorized to be appropriated to the Secretary of Transportation $125,221,000 for the National Highway Traffic Safety Administration to carry out this part for fiscal year 2005, and such sums as may be necessary for fiscal years 2006 and 2007.''. SEC. 102. INTERNATIONAL COOPERATION. (a) In General.--Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 30106. International Cooperation ``The Secretary of Transportation may participate and cooperate in international activities to enhance motor vehicle and traffic safety through such means as exchanging information, conducting safety research, examining safety needs, best practices, new technology, and improvements in motor vehicle safety standards, and participating in the implementation of existing international agreements concerning motor vehicle safety to which the United States is a contracting partner.''. (b) Clerical Amendment.--The table of sections for subchapter I of chapter 301 of title 49, United States Code is amended by adding at the end the following new item: ``30106. International cooperation.''. SEC. 103. CERTIFICATION LABELS. Section 30115(a) of title 49, United States Code, is amended by inserting at the end the following: ``A person shall not affix a certification label to a motor vehicle or item of motor vehicle equipment unless the person has either performed tests or otherwise documented the basis for certifying compliance with all applicable safety standards prescribed under this chapter, except that, in affixing the certification label or tag, a manufacturer that completes a vehicle after receiving compliance documentation from the manufacturer of the earlier stage of the vehicle may rely on such documentation in accordance with the regulations issued by the Secretary.''. SEC. 104. NOTIFICATION OF NONCOMPLIANCE. Section 30118 of title 49, United States Code is amended in subsections (a), (b), and (c) by striking ``motor vehicle or replacement equipment'' each place it appears and inserting ``motor vehicle, original equipment, or replacement equipment''. SEC. 105. NOTIFICATION OF AND REMEDIES FOR NONCOMPLIANCE. Section 30120 of title 49, United States Code, is amended by adding at the end the following: ``(k) Limitation on Sale or Lease of Used Motor Vehicles.-- ``(1) A dealer may not sell a used motor vehicle for purposes other than resale or lease a used motor vehicle until the dealer informs the purchaser or lessee of any notification of a defect or noncompliance pursuant to section 30118(b) or (c) of this title with respect to a vehicle that has not been remedied, and either-- ``(A) offers to have the defects or noncompliances remedied; or ``(B) gives the purchaser or lessee a written description of the defects or noncompliances, including all relevant information from any notification pursuant to section 30118(b) or (c) of this title, and reviews a written acknowledgment of the offer or description from the purchaser or lessee. ``(2) The requirements of paragraph (1) of this subsection shall apply after a period of time following issuance of notifications that the Secretary shall specify. The Secretary may extend this period with respect to particular notifications. ``(3) In this subsection, notwithstanding section 30102(a)(1) of this title-- ``(A) `dealer' means a person who sold at least 10 motor vehicles during the prior 12 months to purchasers that in good faith purchased the vehicles other than for resale; and ``(B) `used motor vehicle' means a motor vehicle that has previously been purchased other than for resale. ``(4) Subject to regulations issued by the Secretary, a manufacturer of a motor vehicle shall establish and maintain an Internet-accessible record system that dealers of used motor vehicles and members of the public may access, without charge, to determine whether a particular vehicle manufactured by the manufacturer has been subject to any notification of a defect or noncompliance pursuant to section 30118(b) or (c) of this title that has not been remedied. If the Secretary determines that establishing and maintaining such an Internet-accessible record system is not practicable for certain classes of manufacturers, the Secretary may exempt such manufacturers from the requirements of this paragraph. ``(l) Limitation on Operation by Owners and Lessors of School Buses and Vehicles Used to Transport Passengers for Compensation.-- ``(1) Subject to paragraphs (2) and (3), a person who owns or leases a school bus or a motor vehicle used to transport passengers for compensation and who receives a notice of a defect or noncompliance pursuant to section 30118(b) or (c) of this title may not operate the vehicle to which the notice applies as a school bus or for compensation until the defect or noncompliance is remedied as required by this section. ``(2) The requirements of paragraph (1) shall apply after a period of time following issuance of such notifications that the Secretary shall specify. The Secretary may extend this period with respect to particular notifications. ``(3) This subsection shall not apply to taxicabs, or to motor vehicles owned or operated by State or local governments.''. SEC. 106. NONUSE OF SAFETY BELT INTERLOCKS. (a) In General.--Section 30124 of title 49 United States Code, is amended to read as follows: ``Sec. 30124. Nonuse of safety belt interlocks ``A motor vehicle safety standard prescribed under this chapter may not require or allow a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt.''. (b) Clerical Amendment.--The table of sections for subchapter II of chapter 301 of title 49, United States Code is amended by amending the item related to section 30124 to read as follows: ``30124. Nonuse of safety belt interlocks.''. SEC. 107. RESEARCH, TESTING, DEVELOPMENT, AND TRAINING. Section 30168 of title 49, United States Code, is amended by adding at the end the following: ``(f) Safety Initiative for Alternate Fuel Vehicles.--In addition to the authority provided under this section, the Secretary is authorized to expend $5,000,000 per year to conduct a safety research initiative for alternate fuel vehicles that includes risk assessment studies of hydrogen-fueled and other alternative-fuel vehicles, the development of test and evaluation procedures and performance criteria to assess the likelihood of potential failures that could indicate unsafe conditions, and the development of suitable countermeasures. In particular, such research initiative shall investigate the safety of the power train, the vehicle fuel container and delivery system, the onboard refueling system, and the full vehicle system performance of alternate fuel vehicles. ``(g) Safety Initiative for Driver Assistance Technologies.--In addition to the authority provided under this section, the Secretary is authorized to expend $10,000,000 per year to conduct research into vehicle-based driver assistance technologies, and to develop appropriate performance standards and consumer education programs, to ensure that appropriate safety benefits are derived from these technologies. Such research shall include evaluations of crash avoidance technologies, such as electronic stability control, telematics, radar braking and other similar vehicle advances.''. TITLE II--MOTOR VEHICLE INFORMATION AND COST SAVINGS SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Section 32102 of title 49, United States Code, is amended to read as follows: ``Sec. 32102. Authorization of appropriations ``There is authorized to be appropriated to the Secretary of Transportation $14,080,000 for the National Highway Traffic Safety Administration to carry out this part in fiscal year 2005, and such sums as may be necessary in fiscal years 2006 and 2007.''. SEC. 202. PENALTIES AND ENFORCEMENT. Section 32709(a)(1) of title 49, United States Code, is amended-- (1) by striking ``$2,000'' and inserting ``$5,000''; and (2) by striking ``$100,000'' and inserting ``$1,000,000''. SEC. 203. CIVIL ACTIONS BY PRIVATE PERSON. Section 32710(a) of title 49, United States Code, is amended by striking ``$1,500'' and inserting ``$10,000''. SEC. 204. DEFINITIONS. (a) Crash Avoidance.--Section 32301 of title 49, United States Code, is amended by adding at the end the following: ``(3) `crash avoidance' means preventing a motor vehicle accident.''. (b) Passenger Motor Vehicle Information.--Section 32302 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2), by inserting ``and crash avoidance'' after ``crashworthiness''; and (B) by striking paragraph (4); and (2) by striking subsection (c). SEC. 205. REPEALS. (a) In General.--Sections 32303 and 33112 of title 49, United States Code, are repealed. (b) Clerical Amendments.-- (1) The table of sections for chapter 323 of title 49, United States Code is amended by striking the item related to section 32303. (2) The table of sections for chapter 331 of title 49, United States Code is amended by striking the item related to section 33112.", "summary": "Amends Federal transportation law to authorize appropriations for the National Highway Traffic Safety Administration (NHTSA). Authorizes the Secretary of Transportation to participate and cooperate through various means in international activities to enhance motor vehicle and traffic safety. Prohibits a person from affixing a certification label to a motor vehicle or motor vehicle equipment item unless the person has either performed tests or documented the basis for certifying compliance with applicable safety standards. Applies certain defect and motor vehicle safety noncompliance notification requirements to original motor vehicle equipment. Prohibits a dealer from selling a used motor vehicle for other than resale or leasing a used motor vehicle until the dealer informs the purchaser or lessee of any notification of a vehicle defect or noncompliance that has not been remedied and certain other requirements are met. Requires a motor vehicle manufacturer to establish an Internet-accessible record system that used motor vehicle dealers and the public may access, without charge, to determine whether a manufacturer's vehicle has been subject to any notification of a defect or noncompliance that has not been remedied. Requires a person who owns or leases a school bus or motor vehicle used to transport passengers for compensation, and who receives notice of a defect or noncompliance, from operating the vehicle until the defect or noncompliance is remedied. Prohibits a Federal motor vehicle standard from requiring or allowing a manufacturer to comply with it by using a safety belt interlock designed to prevent starting or operating a motor vehicle if the occupant is not using a safety belt. Authorizes the Secretary to expend a specified amount per year to conduct a safety research initiative for alternative fuel vehicles and research into vehicle-based driver assistance technologies. Authorizes appropriations for the NHTSA to carry out certain motor vehicle information and cost savings requirements. Increases civil penalties for persons who violate the prohibition against tampering with motor vehicle odometers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Criminal Background Check Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act is to assist States in improving the overall quality of child care services in the State by requiring national criminal background checks of child care providers that are licensed by the State or that receive funds under the Child Care and Development Block Grant Act of 1990. SEC. 3. AMENDMENTS. (a) State Plan.--Section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)) is amended by adding at the end the following: ``(I) Criminal background check.--Certify that the State will-- ``(i) require each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that is licensed by the State or receives funds provided under this subchapter-- ``(I) to obtain from the State a comprehensive criminal background check of-- ``(aa) each employee who provides child care services; ``(bb) each applicant for employment to provide such services; and ``(cc) each family child care provider who provides or applies to provide such services; ``(II) to refuse to employ an individual to provide such services-- ``(aa) if such individual was convicted, in the then most recent 5-year period ending on the date of receipt of such a criminal background check, of-- ``(AA) a crime of violence (as defined in section 20101 of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13701)); or ``(BB) a crime against a child for which the penalty exceeds imprisonment for a term exceeding 1 year; ``(bb) to an eligible child without the supervision of an employee whose criminal background check satisfies the requirements of the subparagraph, pending receipt of such a criminal background check of such individual; and ``(cc) to an eligible child with the supervision of an employee whose criminal background check satisfies the requirements of the subparagraph and for a period exceeding 90 days, pending receipt of such a criminal background check of such individual; and ``(ii) carry out at the request of an eligible child care provider, as soon as practicable, a comprehensive criminal background check (at the State option for a fee not to exceed the actual cost to the State) of each employee of, and each applicant for employment by, a child care provider that is licensed by the State or receives funds provided under this subchapter by the State, and make the results of such check available to such provider and to such employee or applicant. At the request of a State, the Secretary may waive for 1 fiscal year the application of this subparagraph to the State if the State demonstrates a good faith effort to comply with the requirements specified in this subparagraph and its inability to so comply.''. (b) Enforcement.--Section 658I(b)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(i)(b)(2)) is amended by adding at the end the following: ``If a State fails to comply substantially with the requirements specified in section 658e(c)(2)(I), the Secretary shall reduce by 10 percent the State allotment for the fiscal year following the fiscal year with respect to which noncompliance is found.''. SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. This Act and the amendments made by this Act shall take effect 2 years after the date of the enactment of this Act.", "summary": "Child Care Criminal Background Check Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require child care providers that are licensed by a state or receive funds under the Child Care and Development Block Grant Program to: (1) obtain a comprehensive criminal background check of each employee who provides child care services, each applicant for employment, and each family child care provider who provides or applies to provide such services; and (2) refuse to employ individuals convicted of crimes of violence or crimes against children. Reduces by 10% allotments to states that fail to comply with the requirements of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Architect of the Capitol Human Resources Act''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--The Congress finds that the Office of the Architect of the Capitol has not kept pace with human resource management practices common among other Federal and private sector organizations. (b) Purpose.--It is the purpose of this Act to require the Architect of the Capitol to establish and maintain a personnel management system that incorporates fundamental principles that exist in other modern personnel systems. SEC. 3. PERSONNEL MANAGEMENT SYSTEM. (a) Establishment.--The Architect of the Capitol shall establish and maintain a personnel management system. (b) Requirements.--The personnel management system shall at a minimum include the following: (1) A system which ensures that applicants for employment and employees of the Architect of the Capitol are appointed, promoted, and assigned on the basis of merit and fitness after fair and equitable consideration of all applicants and employees through open competition. (2) An equal employment opportunity program which includes an affirmative employment program for employees and applicants for employment, and procedures for monitoring progress by the Architect of the Capitol in ensuring a workforce reflective of the diverse labor force. (3) A system for the classification of positions which takes into account the difficulty, responsibility, and qualification requirements of the work performed, and which conforms to the principle of equal pay for substantially equal work. (4) A program for the training of Architect of the Capitol employees which has among its goals improved employee performance and opportunities for employee advancement. (5) A formal performance appraisal system which will permit the accurate evaluation of job performance on the basis of objective criteria for all Architect of the Capitol employees. (6) A fair and equitable system to address unacceptable conduct and performance by Architect of the Capitol employees, including a general statement of violations, sanctions, and procedures which shall be made known to all employees, and a formal grievance procedure. (7) A program to provide services to deal with mental health, alcohol abuse, drug abuse, and other employee problems, and which ensures employee confidentiality. (8) A formal policy statement regarding the use and accrual of sick and annual leave which shall be made known to all employees, and which is consistent with the other requirements of this section. SEC. 4. IMPLEMENTATION OF PERSONNEL MANAGEMENT SYSTEM. (a) Development of Plan.--The Architect of the Capitol shall-- (1) develop a plan for the establishment and maintenance of a personnel management system designed to achieve the requirements of section 3; (2) submit the plan to the Congress not later than 3 months after the date of enactment of this Act; and (3) implement the plan not earlier than 30 days and not later than 90 days after the plan is submitted to the Congress, as specified in paragraph (2). (b) Evaluation and Reporting.--The Architect of the Capitol shall develop a system of oversight and evaluation to ensure that the personnel management system of the Architect of the Capitol achieves the requirements of section 3 and complies with all other relevant laws, rules and regulations. The Architect of the Capitol shall report to the Congress on an annual basis the results of its evaluation under this subsection. (c) Application of Laws.--Nothing in this Act shall be construed to alter or supersede any other provision of law otherwise applicable to the Architect of the Capitol or its employees, unless expressly provided in this Act. SEC. 5. DISCRIMINATION COMPLAINT PROCESSING. (a) Definitions.--For purposes of this section: (1) The term ``employee of the Architect of the Capitol'' or ``employee'' means-- (A) any employee of the Architect of the Capitol; (B) any applicant for a position that is to be occupied by an individual described in subparagraph (A); or (C) any individual who was formerly an employee described in subparagraph (A) and whose claim of a violation arises out of the individual's employment with the Architect of the Capitol. (2) The term ``violation'' means a practice that violates subsection (b) of this section. (b) Discriminatory Practices Prohibited.-- (1) In general.--All personnel actions affecting employees of the Architect of the Capitol shall be made free from any discrimination based on-- (A) race, color, religion, sex, or national origin, within the meaning of section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16); (B) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or (C) handicap or disability, within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102 through 104 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112-14). (2) Intimidation prohibited.--Any intimidation of, or reprisal against, any employee by the Architect of the Capitol, or by any employee of the Architect of the Capitol, because of the exercise of a right under this section constitutes an unlawful employment practice, which may be remedied in the same manner as are other violations described in paragraph (1). (c) Procedure for Consideration of Alleged Violations.-- (1) General accounting office personnel appeals board.--Any employee of the Architect of the Capitol alleging a violation of subsection (b) may file a charge with the General Accounting Office Personnel Appeals Board in accordance with the General Accounting Office Personnel Act of 1980 (31 U.S.C. 751-55) and regulations of the Board. Such a charge may be filed only after the employee has filed a complaint with the Architect of the Capitol in accordance with requirements prescribed by the Architect of the Capitol and has exhausted all remedies pursuant to such requirements. (2) Authority of architect.--The Architect of the Capitol shall carry out any action within its authority that the Board orders under section 4 of the General Accounting Office Personnel Act of 1980 (31 U.S.C. 753). (3) Reimbursement.--The Architect of the Capitol shall reimburse the General Accounting Office for costs incurred by the Board in considering charges filed under this section. (d) Amendments to the General Accounting Office Personnel Act of 1980.-- (1) Section 751(a)(1) of title 31, United States Code, amended by inserting ``or Architect of the Capitol'' after ``Office''. (2) Section 753(a) of title 31, United States Code, is amended-- (A) in paragraph (7) by striking ``and'' at the end of the paragraph; (B) in paragraph (8) by striking the period and inserting ``; and''; and (C) by inserting at the end thereof the following: ``(9) an action involving discrimination prohibited under section 4(b) of the Architect of the Capitol Human Resources Act.''. (3) Section 755 of title 31, United States Code, is amended-- (A) in subsection (a) by striking the ``or (7)'' and inserting ``, 7, or (9)''; and (B) in subsection (b) by striking ``or applicant for employment'' and inserting ``applicant for employment, or employee of the Architect of the Capitol''.", "summary": "Architect of the Capitol Human Resources Act - Directs the Architect of the Capitol (AOC) to establish, implement, maintain, evaluate, and report to the Congress annually on a personnel management system that: (1) ensures that applicants for employment and employees of the AOC are appointed, promoted, and assigned on the basis of merit and fitness after fair and equitable consideration of all applicants and employees through open competition; (2) provides an equal employment opportunity program which includes an affirmative employment program and procedures for monitoring progress by the AOC in ensuring a workforce reflective of the diverse labor force; (3) includes a system for classification of positions which takes into account the difficulty, responsibility, and qualification requirements of the work performed and which conform to the principle of equal pay for substantially equal work; (4) has a training program for AOC employees which has among its goals improved employee performance and oppotunities for employee advancement; (5) has a formal performance appraisal system which will permit the accurate evaluation of job performance on the basis of objective criteria for all AOC employees; (6) has a fair and equitable system to address unacceptable conduct and performance by AOC employees, including a general statement of violations, sanctions, and procedures which shall be made known to all employees and a formal grievance procedure; (7) has a program to provide services to deal with mental health, alcohol abuse, drug abuse, and other employee problems and which ensures employee confidentiality; and (8) has a formal policy statement regarding the use and accrual of sick and annual leave which shall be made known to all employees and which is consistent with the requirements of this Act. Requires all personnel actions affecting AOC employees to be made free from any discrimination prohibited by: (1) the Civil Rights Act of 1964; (2) the Age Discrimination in Employment Act of 1967; (3) the Rehabilitation Act of 1973; and (4) the Americans with Disabilities Act of 1990. Sets forth procedures for consideration of alleged violation of such provisions by AOC employees. Declares that any intimidation of, or reprisal against, any AOC employee or by any AOC employee, because of the exercise of a right under such provisions constitutes an unlawful employment practice which may be remedied in the same manner as are other violations described in this Act. Amends the General Accounting Office Personnel Act of 1980 to prohibit a current or former officer or employee of the AOC from being appointed as a member of the General Accounting Office Personnel Appeals Board. Authorizes the Board to consider and order corrective or disciplinary action in a case arising from an action involving discrimination prohibited under this Act. Subjects the final decision of the Board to judicial review. Allows an AOC employee to be awarded attorney's fees if she or he prevails in such case."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair, Accurate, Secure, and Timely Voting Act of 2012'' or the ``FAST Voting Act of 2012''. SEC. 2. INCENTIVES FOR STATES TO INVEST IN PRACTICES AND TECHNOLOGY THAT ARE DESIGNED TO EXPEDITE VOTING AT THE POLLS AND SIMPLIFY VOTER REGISTRATION. (a) Purposes.--The purposes of this section are to-- (1) provide incentives for States to invest in practices and technology that are designed to expedite voting at the polls; and (2) provide incentives for States to simplify voter registration. (b) Reservation of Funds.--From the amount made available to carry out this section for a fiscal year, the Attorney General may reserve not more than 10 percent of such amount to carry out activities related to-- (1) technical assistance; and (2) outreach and dissemination. (c) Program Authorized.-- (1) In general.--From the amounts made available under subsection (h) for a fiscal year and not reserved under subsection (b), the Attorney General shall award grants, on a competitive basis, to States in accordance with subsection (d)(2), to enable the States to carry out the purposes of this section. (2) Number of grants.--A State may not receive more than 1 grant under this section per grant period. (3) Duration of grants.-- (A) In general.--A grant under this section shall be awarded for a period of not more than 4 years. (B) Continuation of grants.--A State that is awarded a grant under this section shall not receive grant funds under this section for the second or any subsequent year of the grant unless the State demonstrates to the Attorney General, at such time and in such manner as determined by the Attorney General, that the State is-- (i) making progress in implementing the plan under subsection (d)(1)(C) at a rate that the Attorney General determines will result in the State fully implementing such plan during the remainder of the grant period; or (ii) making progress against the performance measures set forth in subsection (e) at a rate that the Attorney General determines will result in the State reaching its targets and achieving the objectives of the grant during the remainder of the grant period. (d) Applications.-- (1) Applications.--Each State that desires to receive a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. At a minimum, each such application shall include-- (A) documentation of the applicant's record, as applicable-- (i) in providing various voter registration opportunities; (ii) in providing early voting; (iii) in providing absentee voting; (iv) in providing assistance to voters who do not speak English as a primary language; (v) in providing assistance to voters with disabilities; (vi) in providing effective access to voting for members of the armed services; (vii) in providing formal training of election officials; (viii) in auditing or otherwise documenting waiting times at polling stations; (ix) in allocating polling locations, equipment, and staff to match population distribution; (x) in responding to voting irregularities and concerns raised at polling stations; (xi) in creating and adhering to contingency voting plans in the event of a natural or other disaster; and (xii) with respect to any other performance measure described in subsection (e) that is not included in clauses (i) through (xi); (B) evidence of conditions of innovation and reform that the applicant has established and the applicant's proposed plan for implementing additional conditions for innovation and reform, including-- (i) a description of how the applicant has identified and eliminated ineffective practices in the past and the applicant's plan for doing so in the future; (ii) a description of how the applicant has identified and promoted effective practices in the past and the applicant's plan for doing so in the future; and (iii) steps the applicant has taken and will take to eliminate statutory, regulatory, procedural, or other barriers and to facilitate the full implementation of the proposed plan under this subparagraph; (C) a comprehensive and coherent plan for using funds under this section, and other Federal, State, and local funds, to improve the applicant's performance on the measures described in subsection (e), consistent with criteria set forth by the Attorney General, including how the applicant will, if applicable-- (i) provide flexible registration opportunities, including online and same-day registration and registration updating; (ii) provide early voting, at a minimum of 9 of the 10 calendar days preceding an election, at sufficient and flexible hours; (iii) provide absentee voting, including no-excuse absentee voting; (iv) provide assistance to voters who do not speak English as a primary language; (v) provide assistance to voters with disabilities, including visual impairment; (vi) provide effective access to voting for members of the armed services; (vii) provide formal training of election officials, including State and county administrators and volunteers; (viii) audit and reduce waiting times at polling stations; (ix) allocate polling locations, equipment, and staff to match population distribution; (x) respond to any reports of voting irregularities or concerns raised at the polling station; (xi) create contingency voting plans in the event of a natural or other disaster; and (xii) improve the wait times at the persistently poorest performing polling stations within the jurisdiction of the applicant; (D) evidence of collaboration between the State, local election officials, and other stakeholders, in developing the plan described in subparagraph (C), including evidence of the commitment and capacity to implement the plan; (E) the applicant's annual performance measures and targets, consistent with the requirements of subsection (e); and (F) a description of the applicant's plan to conduct a rigorous evaluation of the effectiveness of activities carried out with funds under this section. (2) Criteria for evaluating applications.-- (A) Award basis.--The Attorney General shall award grants under this section on a competitive basis, based on the quality of the applications submitted under paragraph (1), including-- (i) each applicant's record in the areas described in paragraph (1)(A); (ii) each applicant's record of, and commitment to, establishing conditions for innovation and reform, as described in paragraph (1)(B); (iii) the quality and likelihood of success of each applicant's plan described in paragraph (1)(C) in showing improvement in the areas described in paragraph (1)(A), including each applicant's capacity to implement the plan and evidence of collaboration as described in paragraph (1)(D); and (iv) each applicant's evaluation plan as described in paragraph (1)(F). (B) Explanation.--The Attorney General shall publish an explanation of how the application review process under this paragraph will ensure an equitable and objective evaluation based on the criteria described in subparagraph (A). (e) Performance Measures.--Each State receiving a grant under this section shall establish performance measures and targets, approved by the Attorney General, for the programs and activities carried out under this section. These measures shall, at a minimum, track the State's progress-- (1) in implementing its plan described in subsection (d)(1)(C); (2) in expediting voting at the polls or simplifying voter registration, as applicable; and (3) on any other measures identified by the Attorney General. (f) Uses of Funds.--Each State that receives a grant under this section shall use the grant funds for any purpose included in the State's plan under subsection (d)(1)(C). (g) Reporting.--A State that receives a grant under this section shall submit to the Attorney General, at such time and in such manner as the Attorney General may require, an annual report including-- (1) data on the State's progress in achieving the targets for the performance measures established under subsection (e); (2) a description of the challenges the State has faced in implementing its program and how it has addressed or plans to address those challenges; and (3) findings from the evaluation plan as described in subsection (d)(1)(F). (h) State Defined.--In this section, the term ``State'' means each of the several States and the District of Columbia. (i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.", "summary": "Fair, Accurate, Secure, and Timely Voting Act of 2012 or FAST Voting Act of 2012 - Directs the Attorney General to award grants, on a competitive basis, to enable states to: (1) invest in practices and technology designed to expedite voting at the polls, and (2) simplify voter registration. Requires the grant application to include a comprehensive and coherent plan for using funds to improve the applicant's performance on specified measures with respect to: (1) flexible registration opportunities, (2) early voting, (3) assistance to non-English speaking voters, and (4) other related matters. Requires each grantee to establish performance measures and targets, approved by the Attorney General, that track its progress in implementing its plan and expediting voting at the polls or simplifying voter registration, as applicable."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Climate Change Security Oversight Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the National Oceanic and Atmospheric Administration, in 2007 the average annual temperature in the United States and around the global is approximately 1.0 degree Fahrenheit warmer than at the start of the 20th century, and the rate of warming has accelerated during the past 30 years, increasing globally since the mid-1970s. The fourth assessment report of the Intergovernmental Panel on Climate Change has predicted that the Earth will warm 0.72 degrees Fahrenheit during the next 2 decades with current emission trends. (2) The annual national security strategy report submitted pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 404a) for 2006 states that the United States faces new security challenges, including ``environmental destruction, whether caused by human behavior or cataclysmic mega-disasters such as floods, hurricanes, earthquakes, or tsunamis. Problems of this scope may overwhelm the capacity of local authorities to respond, and may even overtax national militaries, requiring a larger international response. These challenges are not traditional national security concerns, such as the conflict of arms or ideologies. But if left unaddressed they can threaten national security.''. (3) According to the fourth assessment report of the Intergovernmental Panel on Climate Change, average temperature increases of between 2 and 4 degrees Celsius over preindustrial levels are projected to cause the sea level to rise by between 2 and 4 meters by 2100 due to melting of the Greenland and Antarctic ice sheets. (4) In 2007, more than 200,000,000 people live in coastal floodplains around the world and 2,000,000 square kilometers of land and an estimated $1,000,000,000,000 worth of assets are less than a 1-meter elevation above sea level. (5) An estimated 1,700,000,000 people in the world live in areas where water is scarce and in 25 years that population is projected to increase to 5,400,000,000. Climate change will impact the hydrological cycle and change the location, time of year, and intensity of water availability. (6) The report of the World Health Organization entitled ``The World Health Report 2002: Reducing Risks and Promoting Healthy Life'' states that ``Effects of climate change on human health can be expected to be mediated through complex interactions of physical, ecological, and social factors. These effects will undoubtedly have a greater impact on societies or individuals with scarce resources, where technologies are lacking, and where infrastructure and institutions (such as the health sector) are least able to adapt.''. (7) Environmental changes relating to global climate change represent a potentially significant threat multiplier for instability around the world as changing precipitation patterns may exacerbate competition and conflict over agricultural, vegetative, and water resources and displace people, thus increasing hunger and poverty and causing increased pressure on fragile countries. (8) The strategic, social, political, and economic consequences of global climate change are likely to have a greater adverse effect on less developed countries with fewer resources and infrastructures that are less able to adjust to new economic and social pressures, and where the margin for governance and survival is thin. (9) The consequences of global climate change represent a clear and present danger to the security and economy of the United States. (10) A failure to recognize, plan for, and mitigate the strategic, social, political, and economic effects of a changing climate will have an adverse impact on the national security interests of the United States. SEC. 3. NATIONAL INTELLIGENCE ESTIMATE ON GLOBAL CLIMATE CHANGE. (a) Requirement for National Intelligence Estimate.-- (1) In general.--Except as provided in paragraph (2), not later than 270 days after the date of enactment of this Act, the Director of National Intelligence shall submit to Congress a National Intelligence Estimate on the anticipated geopolitical effects of global climate change and the implications of such effects on the national security of the United States. (2) Notice regarding submittal.--If the Director of National Intelligence determines that the National Intelligence Estimate required by paragraph (1) cannot be submitted by the date set out in that paragraph, the Director shall notify Congress and provide-- (A) the reasons that the National Intelligence Estimate cannot be submitted by such date; and (B) an estimated date for the submittal of the National Intelligence Estimate. (b) Content.--The Director of National Intelligence shall prepare the National Intelligence Estimate required by this section using the mid-range projections of the fourth assessment report of the Intergovernmental Panel on Climate Change-- (1) to assess the political, social, agricultural, and economic risks during the 30-year period beginning on the date of enactment of this Act posed by global climate change for countries or regions that are-- (A) of strategic economic or military importance to the United States and at risk of significant impact due to global climate change; or (B) at significant risk of large-scale humanitarian suffering with cross-border implications as predicted on the basis of the assessments; (2) to assess other risks posed by global climate change, including increased conflict over resources or between ethnic groups, within countries or transnationally, increased displacement or forced migrations of vulnerable populations due to inundation or other causes, increased food insecurity, and increased risks to human health from infectious disease; (3) to assess the capabilities of the countries or regions described in subparagraph (A) or (B) of paragraph (1) to respond to adverse impacts caused by global climate change; (4) to assess the strategic challenges and opportunities posed to the United States by the risks described in paragraph (1); (5) to assess the security implications and opportunities for the United States economy of engaging, or failing to engage successfully, with other leading and emerging major contributors of greenhouse gas emissions in efforts to reduce emissions and adopt mitigation and adaptation strategies, including transitioning from reliance upon finite fossil fuels such as imported petroleum and natural gas to clean domestic renewable energy sources; and (6) to make recommendations for further assessments of security consequences of global climate change that would improve national security planning. (c) Coordination.--In preparing the National Intelligence Estimate under this section, the Director of National Intelligence shall consult with representatives of the scientific community, including atmospheric and climate studies, security studies, conflict studies, economic assessments, and environmental security studies, the Secretaries of Defense, State, Treasury, Commerce, Energy, Agriculture, and Transportation, the Federal Reserve Board, and the United States Trade Representative, the Administrator of the National Oceanographic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, the Administrator of the Environmental Protection Agency, and, if appropriate, multilateral institutions and allies of the United States that have conducted significant research on global climate change. (d) Form.--The National Intelligence Estimate required by this section shall be submitted in unclassified form, to the extent consistent with the protection of intelligence sources and methods, and include unclassified key judgments of the National Intelligence Estimate. Such National Intelligence Estimate may include a classified annex. SEC. 4. RESPONSE TO THE NATIONAL INTELLIGENCE ESTIMATE. (a) Report by the Secretary of Defense.--Not later than 270 days after the date that the National Intelligence Estimate required by section 3 is submitted to Congress, the Secretary of Defense shall submit to the the Committee on Appropriations, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the United States House of Representatives and Committee on Appropriations, the Committee on Armed Services, and the Select Committee on Intelligence of the United States Senate a report on-- (1) the projected impact on the military installations and capabilities of the United States of the effects of global climate change as assessed in the National Intelligence Estimate; (2) the projected impact on United States military operations of the effects of global climate change described in the National Intelligence Estimate; and (3) recommended research and analysis needed to further assess the impacts on the military of global climate change. (b) Sense of Congress on the Next Quadrennial Defense Review.--It is the sense of Congress that the Secretary of Defense should address the findings of the National Intelligence Estimate required by section 3 regarding the impact of global climate change and potential implications of such impact on the Armed Forces and for the size, composition, and capabilities of Armed Forces in the next Quadrennial Defense Review. (c) Report by the Secretary of State.--Not later than 270 days after the date that the National Intelligence Estimate required by section 3 is submitted to Congress, the Secretary of State shall submit to the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the United States House of Representatives and the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the United States Senate a report that addresses-- (1) the potential for large migration flows in countries of strategic interest or humanitarian concern as a response to changes in climate and the implications for United States security interests; and (2) the potential for diplomatic opportunities and challenges facing United States policy makers as a result of social, economic, or political responses of groups or nations to global changing climate. SEC. 5. AUTHORIZATION OF RESEARCH. (a) In General.--The Secretary of Defense is authorized to carry out research on the impacts of global climate change on military operations, doctrine, organization, training, material, logistics, personnel, and facilities and the actions needed to address those impacts. Such research may include-- (1) the use of war gaming and other analytical exercises; (2) analysis of the implications for United States defense capabilities of large-scale Arctic sea-ice melt and broader changes in Arctic climate; (3) analysis of the implications for United States defense capabilities of abrupt climate change; (4) analysis of the implications of the findings derived from the National Intelligence Estimate required in section 3 Act for United States defense capabilities; (5) analysis of the strategic implications for United States defense capabilities of direct physical threats to the United States posed by extreme weather events such as hurricanes; and (6) analysis of the existing policies of the Department of Defense to assess the adequacy of the Department's protections against climate risks to United States capabilities and military interests in foreign countries. (b) Report.--Not later than 2 years after the date that the National Intelligence Estimate required by section 3 is submitted to Congress, the Secretary of Defense shall submit to Congress a report on the results of the research, war games, and other activities carried out pursuant to subsection (a). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.", "summary": "Global Climate Change Security Oversight Act - Requires the Director of National Intelligence to submit to Congress a National Intelligence Estimate on the anticipated geopolitical effects of global climate change and the implications of such effects on U.S. national security. Requires the Director to prepare the estimate using the mid-range projections of the fourth assessment report of the Intergovernmental Panel on Climate Change to make assessments and recommendation concerning the risks posed by global warming and the security implications, opportunities, and consequences of global warming. Requires the Secretary of Defense to report to Congress on the projected impact on the military installations, capabilities, and operations of the effects of global climate change as assessed in the estimate and to recommend research and analysis needed to further assess the impacts on the military of global climate change as assessed in the estimate. Expresses the sense of Congress that the Secretary should address the findings of the estimate regarding the impact of global climate change and potential implications of such impact on the Armed Forces and for the size, composition, and capabilities of Armed Forces in the next Quadrennial Defense Review. Requires the Secretary of State to report to Congress on the potential for: (1) large migration flows in countries of strategic interest or humanitarian concern as a response to changes in climate and the implications for U.S. security interests; and (2) diplomatic opportunities and challenges facing U.S. policy makers as a result of social, economic, or political responses of groups or nations to global changing climate. Authorizes the Secretary of Defense to research the impacts of global climate change on military operations, doctrine, organization, training, material, logistics, personnel, and facilities, and the actions needed to address those impacts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Relief Reconciliation Act for Fiscal Year 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) fiscal discipline, resulting from the Balanced Budget Act of 1997, and strong economic growth have ended decades of deficit spending and have produced budget surpluses without using the social security surplus; (2) fiscal pressures will mount in the future as the aging of the population increases budget obligations; (3) until Congress and the President agree to legislation that strengthens Social Security, the social security surplus should be used to reduce the debt held by the public; (4) strengthening the Government's fiscal position through public debt reduction increases national savings, promotes economic growth, reduces interest costs, and is a constructive way to prepare for the Government's future budget obligations; and (5) it is fiscally responsible and in the long-term national economic interest to use a portion of the nonsocial security surplus to reduce the debt held by the public. (b) Purpose.--It is the purpose of this Act to-- (1) reduce the debt held by the public with the goal of eliminating this debt by 2013; and (2) decrease the statutory limit on the public debt. SEC. 3. ESTABLISHMENT OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT. (a) In General.--Subchapter I of chapter 31 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 3114. Public debt reduction payment account ``(a) There is established in the Treasury of the United States an account to be known as the Public Debt Reduction Payment Account (hereinafter in this section referred to as the `account'). ``(b) The Secretary of the Treasury shall use amounts in the account to pay at maturity, or to redeem or buy before maturity, any obligation of the Government held by the public and included in the public debt. Any obligation which is paid, redeemed, or bought with amounts from the account shall be canceled and retired and may not be reissued. Amounts deposited in the account are appropriated and may only be expended to carry out this section. ``(c) There is hereby appropriated into the account on October 1, 2000, or the date of enactment of this Act, whichever is later, out of any money in the Treasury not otherwise appropriated, $25,000,000,000 for the fiscal year ending September 30, 2001. The funds appropriated to this account shall remain available until expended. ``(d) The appropriation made under subsection (c) shall not be considered direct spending for purposes of section 252 of Balanced Budget and Emergency Deficit Control Act of 1985. ``(e) Establishment of and appropriations to the account shall not affect trust fund transfers that may be authorized under any other provision of law. ``(f) The Secretary of the Treasury and the Director of the Office of Management and Budget shall each take such actions as may be necessary to promptly carry out this section in accordance with sound debt management policies. ``(g) Reducing the debt pursuant to this section shall not interfere with the debt management policies or goals of the Secretary of the Treasury.''. (b) Conforming Amendment.--The chapter analysis for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3113 the following: ``3114. Public debt reduction payment account.''. SEC. 4. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT. Section 3101(b) of title 31, United States Code, is amended by inserting ``minus the amount appropriated into the Public Debt Reduction Payment Account pursuant to section 3114(c)'' after ``$5,950,000,000,000''. SEC. 5. OFF-BUDGET STATUS OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT. Notwithstanding any other provision of law, the receipts and disbursements of the Public Debt Reduction Payment Account established by section 3114 of title 31, United States Code, shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (1) the budget of the United States Government as submitted by the President; (2) the congressional budget; or (3) the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 6. REMOVING PUBLIC DEBT REDUCTION PAYMENT ACCOUNT FROM BUDGET PRONOUNCEMENTS. (a) In General.--Any official statement issued by the Office of Management and Budget, the Congressional Budget Office, or any other agency or instrumentality of the Federal Government of surplus or deficit totals of the budget of the United States Government as submitted by the President or of the surplus or deficit totals of the congressional budget, and any description of, or reference to, such totals in any official publication or material issued by either of such Offices or any other such agency or instrumentality, shall exclude the outlays and receipts of the Public Debt Reduction Payment Account established by section 3114 of title 31, United States Code. (b) Separate Public Debt Reduction Payment Account Budget Documents.--The excluded outlays and receipts of the Public Debt Reduction Payment Account established by section 3114 of title 31, United States Code, shall be submitted in separate budget documents. SEC. 7. REPORTS TO CONGRESS. (a) Reports of the Secretary of the Treasury.--(1) Within 30 days after the appropriation is deposited into the Public Debt Reduction Payment Account under section 3114 of title 31, United States Code, the Secretary of the Treasury shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate confirming that such account has been established and the amount and date of such deposit. Such report shall also include a description of the Secretary's plan for using such money to reduce debt held by the public. (2) Not later than October 31, 2002, the Secretary of the Treasury shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate setting forth the amount of money deposited into the Public Debt Reduction Payment Account, the amount of debt held by the public that was reduced, and a description of the actual debt instruments that were redeemed with such money. (b) Report of the Comptroller General of the United States.--Not later than November 15, 2002, the Comptroller General of the United States shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate verifying all of the information set forth in the reports submitted under subsection (a). Passed the House of Representatives July 18, 2000. Attest: JEFF TRANDAHL, Clerk.", "summary": "Appropriates funds for the Account. Prohibits such appropriation from being considered as direct spending for purposes of pay-as-you-go provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).Reduces the public debt limit by the amount appropriated into the Account.Bars Account receipts and disbursements from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of : (1) the Federal Government budget as submitted by the President; (2) the congressional budget; or (3) the Gramm-Rudman-Hollings Act.Requires the Secretary to report to specified congressional committees on the Account."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Emergency Services Recruitment and Retention Act of 2006''. SEC. 2. ELECTIVE TREATMENT OF LENGTH OF SERVICE AWARD PROGRAMS AS ELIGIBLE DEFERRED COMPENSATION PLANS. (a) In General.--Section 457(e) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new paragraph: ``(19) Special rules applicable to length of service award plans.-- ``(A) In general.--The term `eligible deferred compensation plan' shall include, at the election of its sponsor, any length of service award plan. Any such election shall be irrevocable. In the case of a length of service award plan whose sponsor has elected to have such plan treated as an eligible deferred compensation plan, such plan shall be administered in a manner consistent with the requirements of this section and such sponsor shall be treated as an eligible employer described in paragraph (1)(A). ``(B) Length of service award plan.--For purposes of this paragraph-- ``(i) In general.--The term `length of service award plan' means any plan paying solely length of service awards to bona fide volunteers (or their beneficiaries) on account of qualified services performed by such volunteers. ``(ii) Bona fide volunteer.--An individual shall be treated as a bona fide volunteer if the only compensation received by such individual for performing qualified services is in the form of-- ``(I) reimbursement for (or a reasonable allowance for) reasonable expenses incurred in the performance of such services, or ``(II) reasonable benefits (including length of service awards), and fees for such services, customarily paid by eligible employers in connection with the performance of such services by volunteers. ``(iii) Qualified services.--The term `qualified services' means fire fighting and prevention services, emergency medical services, ambulance services, and emergency rescue services. ``(C) Maximum deferral amount.--In the case of a length of service award plan whose sponsor has elected to have such plan treated as an eligible deferred compensation plan, subsection (b)(2) shall be applied by striking `the lesser of--' and all that follows and inserting `the applicable dollar amount,'. ``(D) Distribution requirements.--In the case of a length of service award plan whose sponsor has elected to have such plan treated as an eligible deferred compensation plan, subsection (d)(1)(A)(ii) shall be applied by deeming a severance from employment to have occurred at the later of-- ``(i) the payment date under the terms of the plan, or ``(ii) the date on which the plan participant ceases to perform qualified services. ``(E) Limitation on accruals.-- ``(i) In general.--In the case of a length of service award plan that is a defined benefit plan (as defined in section 414(j)) whose sponsor has not elected to have such plan treated as an eligible deferred compensation plan, such plan shall be treated as not providing for the deferral of compensation if the aggregate amount of length of service awards accruing with respect to any year of service for any bona fide volunteer does not exceed $5,000. In the case of a length of service award plan described in the preceding sentence that is a defined benefit plan (as defined in section 414(j)), the limitation on the annual deferral shall apply to the actuarial present value of the aggregate amount of length of service awards accruing with respect to any year of service. Such actuarial present value shall be calculated using reasonable actuarial assumptions and methods assuming payment shall be made under the most valuable form of payment of the length of service award under the program with payment commencing at the later of the earliest age at which unreduced benefits are payable under the program or the participant's current age. ``(ii) Cost-of-living adjustment.--In the case of taxable years beginning after December 31, 2007, the Secretary shall adjust the $5,000 amount under clause (i) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter beginning July 1, 2006, and any increase under this paragraph that is not a multiple of $500 shall be rounded to the next lowest multiple of $500.''. (b) Conforming Amendments.-- (1) Section 457(e)(11) of the Internal Revenue Code of 1986 is amended to read as follows: ``(11) Certain plans excluded.--Any bona fide vacation leave, sick leave, compensatory time, severance pay, disability pay, or death benefit plan shall be treated as not providing for the deferral of compensation.''. (2) Section 3121(a)(5)(I) is amended by striking ``section 457(e)(11)(A)(ii)'' and inserting ``section 457(e)(19)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. EXEMPTION OF LENGTH OF SERVICE AWARD PROGRAMS FROM THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. The Secretary of Labor shall issue guidance clarifying that a length of service award program described in section 457(e)(19) of the Internal Revenue Code of 1986 is not an employee pension benefit plan under section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)).", "summary": "Volunteer Emergency Services Recruitment and Retention Act of 2006 - Amends the Internal Revenue Code to allow sponsors of certain deferred compensation plans to elect to include length of service award plans for bona fide volunteers providing fire fighting and prevention services, emergency medical services, and emergency rescue services. Directs the Secretary of Labor to issue regulations exempting a length of service award program from treatment as an employee pension benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Reform and Personal Responsibility Act of 2017''. SEC. 2. REQUIRING STATES TO APPLY A WORK REQUIREMENT FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS UNDER MEDICAID. Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (82); (B) by striking the period at the end of paragraph (83)(B)(ii) and inserting ``; and''; and (C) by inserting after paragraph (83)(B)(ii) the following new paragraph: ``(84) comply with the requirements of subsection (nn) (relating to a work requirement for able-bodied adults without dependents).''; and (2) by adding at the end the following new subsection: ``(nn) Work Requirement for Able-Bodied Adults Without Dependents.-- ``(1) In general.--Beginning October 1, 2017, a State shall elect through a State plan amendment (or waiver of such plan) to condition medical assistance under this title to an individual who is an able-bodied adult without dependents (as defined in paragraph (2)(A)) upon such an individual's satisfaction of a work requirement (as defined in paragraph (2)(B)) and the requirements of paragraph (3). ``(2) Definitions.--In this subsection: ``(A) Able-bodied adult without dependents.--The term `able-bodied adult without dependents' means an individual who is not-- ``(i) under 18 or over 55 years of age; ``(ii) medically certified as physically or mentally unfit for employment; ``(iii) a parent or other member of a household with responsibility for a dependent child; ``(iv) a pregnant woman; ``(v) a bona fide student enrolled at least half time in any recognized school, training program, or institution of higher education; or ``(vi) a regular participant in a drug addiction or alcoholic treatment and rehabilitation program. ``(B) Work requirement.-- ``(i) In general.--The term `work requirement' means participation in activity specified by the State as work for purposes of this subsection for 20 hours or more per week, averaged monthly. ``(ii) Job training and community service.--Such term includes-- ``(I) on-the-job training; ``(II) job skills training directly related to employment; and ``(III) community service programs. ``(3) Additional requirements.--An able-bodied adult without dependents shall not receive medical assistance under this title if the able-bodied adult without dependents-- ``(A) refuses, at the time of application and every 12 months thereafter, to register as employed or as unemployed and actively looking for employment for less than 12 consecutive months, in a manner prescribed by the State; ``(B) refuses without good cause to satisfy an applicable work requirement; ``(C) refuses without good cause to accept an offer of employment, at a site or plant not subject to a strike or lockout at the time of the refusal, at a wage not less than the higher of-- ``(i) the applicable Federal or State minimum wage; or ``(ii) 80 percent of the wage that would have governed had the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) been applicable to the offer of employment; ``(D) refuses without good cause to provide the State with sufficient information to allow the State to determine the employment status or the job availability of the able-bodied adult without dependents; or ``(E) voluntarily and without good cause-- ``(i) quits a job; or ``(ii) reduces work effort and, after the reduction, the able-bodied adult without dependents is working less than 20 hours per week.''.", "summary": "Medicaid Reform and Personal Responsibility Act of 2017 This bill requires state Medicaid programs to impose a work requirement upon enrollees who are able-bodied adults without dependents. Specifically, such enrollees must spend at least 20 hours per week working in a job, receiving on-the-job training, obtaining job skills, or doing community service. Such enrollees must also annually register with the state as employed or as unemployed and actively looking for employment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Our Nation's Trade, Infrastructure, Mobility, and Efficiency Act of 2007'' or the ``ON TIME Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The growth in international trade, particularly containerized trade, is placing pressure on the nation's transportation network and influences traffic congestion in the areas surrounding the major United States-international gateways. (2) From 2000 to 2005, the value of international trade rose from approximately $2,000,000,000,000 to $2,600,000,000,000, while the number of containerized trade shipments rose over the same period from approximately 59,000,000 20-foot equivalent units to 81,000,000 20-foot equivalent units. (3) Existing trade agreements, in addition to potential future agreements, foreshadow an even greater increase in international trade and further increases of freight shipments congestion. (4) In addition to being a member of the World Trade Organization, the United States has agreed to 11 free trade agreements and is in various stages of negotiation with 4 different countries and multi-lateral organizations with regards to other potential free trade agreements. (5) Traffic congestion continues to worsen in United States cities of all sizes, causing Americans to waste 4,200,000,000 hours in traffic and to purchase an extra 2,900,000,000 gallons of fuel for a congestion cost of $78,000,000,000 per year. (6) More than 200 freight bottlenecks are costing the goods movement industry $8,000,000,000 in economic losses annually and 243,000,000 hours of delay and lost productivity each year. (7) To simply maintain the current conditions and traffic levels of service of our transportation system, all levels of government must have invested $235,000,000,000 in 2006 and must invest $304,000,000,000 in 2015 and $472,000,000,000 in 2030. (8) To improve the current conditions and traffic levels of service of our transportation system to a level that benefits the Nation's economic productivity, all levels of government must have invested $288,000,000,000 in 2006 and must invest $368,000,000,000 in 2015 and $561,000,000,000 in 2030. (b) Purposes.--The purposes of this Act are to-- (1) address major transportation investment needs in national trade gateway corridors; (2) reduce freight congestion along current and future trade corridors and provide congestion mitigation along surface transportation routes that are or will be congested as a result of current or future growth in international trade; and (3) develop corridors that will increase freight transportation system reliability and enhance the quality of life for United States citizens. SEC. 3. ESTABLISHMENT AND COLLECTION OF NATIONAL TRADE GATEWAY CORRIDOR FEE. (a) Import Fee.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that establish a national trade gateway corridor fee on each article that is imported into the United States in commerce. (2) Amount.-- (A) In general.--The amount of the fee on each article that is imported into the United States in commerce shall be equal to .075 percent of the value of the article that is subject to the fee or $500, whichever is less. (B) Value defined.--For purposes of subparagraph (A), the term ``value'' has the meaning given the term in section 402 of the Tariff Act of 1930 (19 U.S.C. 1401a). (3) Collection.--The Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall assess and collect the fee for carrying out eligible projects in the transportation trade corridors for the Customs port of unloading of the article that is imported into the United States in commerce. (4) Deposit.--Amounts received by the United States in the form of the fee shall be deposited in the account established by subsection (c). (5) Termination of fee.--The fee established under this subsection shall not apply after the expiration of fiscal year 2017. (b) Export Fee.-- (1) Establishment.--The Secretary of Transportation, in consultation with the Secretary of Homeland Security and the Secretary of Commerce, shall issue regulations that establish a national trade gateway corridor fee on each article that exported from the United States in commerce. (2) Amount.-- (A) In general.--The amount of the fee on each article that is exported from the United States in commerce shall be equal to .075 percent of the value of the article that is subject to the fee or $500, whichever is less. (B) Value defined.--For purposes of subparagraph (A), the term ``value'' has the meaning given the term in section 30.7(q) of title 15, Code of Federal Regulations. (3) Collection.--The Secretary of Transportation, in consultation with the Secretary of Homeland Security and the Secretary of Commerce, shall assess and collect the fee for carrying out eligible projects in the transportation trade corridors for the Customs port of loading of the article that is exported from the United States in commerce. (4) Deposit.--Amounts received by the United States in the form of the fee shall be deposited in the account established by subsection (c). (5) Termination of fee.--The fee established under this subsection shall not apply after the expiration of fiscal year 2017. (c) Account.-- (1) Establishment.--There is established in the Treasury a separate account for the deposit of fees under this section, which shall be known as the ``National Trade Gateway Corridor Fund''. (2) Contents.--The account shall consist of amounts deposited into the account under subsections (a) and (b). (3) Use.--Amounts in the account shall be available to the Secretary of Transportation, as provided in appropriations Acts enacted after the date of the enactment of this Act, for making expenditures before October 1, 2018, to meet the obligations of the United States to carry out this Act. SEC. 4. APPORTIONMENT OF FUNDS. (a) Administrative Expenses.--The Secretary of Transportation shall set aside 2 percent of the amount authorized to be appropriated, from the National Trade Gateway Corridor Fund established by section 3(c), to carry out this Act for each fiscal year to pay the cost of collecting fees on imports and exports under section 3. (b) Apportionment.-- (1) In general.--After the set-aside under subsection (a), the Secretary shall apportion amounts remaining available of the amount authorized to be appropriated, from the National Trade Gateway Corridor Fund established by section 3, for a fiscal year to carry out this Act to State departments of transportation in the form of grants for carrying out eligible projects in the transportation trade corridors for the Customs ports of entry with respect to which fees were collected under section 3 in the preceding fiscal year in the ratio that-- (A) the amount the fees collected for each Customs port of entry under section 3 during the preceding fiscal year; bears to (B) the aggregate amount of fees collected for all Customs ports of entry under section 3 during the preceding fiscal year. (2) Corridor to more than one state.--If a transportation trade corridor is within the boundaries of more than one State, the Secretary shall apportion the funds apportioned under paragraph (1) for carrying out eligible projects in such corridor among such States as follows: (A) 50 percent of the apportionment in the ratio that-- (i) the total lane miles of Federal-aid highways in the transportation trade corridor in each of such States; bears to (ii) the total lane miles of Federal-aid highways in the transportation trade corridor in all of such States. (B) 50 percent of the apportionments in the ratio that-- (i) the total vehicle miles traveled on lanes on Federal-aid highways in the transportation trade corridor in each of such States; bears to (ii) the total vehicle miles traveled on lanes on Federal-aid highways in the transportation trade corridor in all of such States. (3) Period of availability.--Amounts granted to a State department of transportation for carrying out an eligible project in a transportation trade corridor from amounts apportioned under this subsection shall remain available for obligation for a period of 6 years after the last day of the fiscal year for which the funds are authorized to be appropriated. Any amounts so apportioned that remain unobligated at the end of that period shall be allocated to other States for the purpose of funding eligible projects located in transportation trade corridors at the discretion of the Secretary. SEC. 5. PROJECT SELECTION AND ELIGIBILITY. (a) Selection Process Guidelines.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue project selection guidelines for a State department of transportation to follow in selecting eligible projects for which grants may be made under this Act. (b) Minimum Requirements.--The selection guidelines issued by the Secretary under this section shall include a requirement that a State department of transportation-- (1) consult with local governments, port authorities, regional planning organizations, public and private freight shippers, and providers of freight transportation services during the project selection process; (2) adhere to applicable metropolitan and statewide planning processes, including sections 134 and 135 of title 23, United States Code, in selecting projects for which grants may be made under this Act; (3) develop and implement a selection process that is in writing and available to the public; (4) develop and implement a process for rating proposed projects for which grants may be made under this Act in accordance with the purposes of this Act; and (5) clearly identify the basis for rating projects under the ratings process the State department of transportation developed under paragraph (4). SEC. 6. GRANT PROGRAM. (a) In General.--The Secretary of Transportation may make a grant under this Act to a State department of transportation having jurisdiction over an area located in a transportation trade corridor. (b) Secretarial Approval.--A grant may only be made under this Act for an eligible project. (c) Construction Standards.--A project to be carried out with assistance under this Act that is for a highway that is on a Federal- aid system (as defined in section 101 of title 23, United States Code) shall be constructed to the same standards that would apply if such project was being carried out with assistance under chapter 1 of title 23, United States Code. (d) Federal Share.-- (1) In general.--The Federal share of the cost of an eligible project for which a grant is made under this Act shall be 80 percent. (2) Non-federal share.--The non-Federal share of the cost of an eligible project for which a grant is made under this Act may not be provided from Federal funds made available under any other law (including funds from the Highway Trust Fund). (e) Prevailing Rate of Wage.--Section 113 of title 23, United States Code, shall apply to an eligible project being carried out with assistance provided under this section in the same manner and to the same extent as such would apply if such project was being carried out with assistance provided under chapter 1 of such title. SEC. 7. TRANSPORTATION TRADE CORRIDORS. (a) Establishment.--The Secretary of Transportation, in consultation with the Secretary of Commerce, shall establish-- (1) a transportation trade corridor for each Customs port of entry, for which fees were collected under section 3 in the preceding fiscal year, in accordance with subsection (b); and (2) the boundaries of the transportation trade corridor for such port of entry. (b) Criteria for Establishment of Corridors.--A transportation trade corridor-- (1) may include areas in more than one State if the States are contiguous; (2) may not extend more than 300 miles from the Customs port of entry for which it is established; and (3) may only include areas that are used for motor vehicle and cargo movements related to international trade. (c) Multiple Ports of Entry.--The Secretary of Transportation may establish under this section a single transportation trade corridor for multiple ports of entry located in close proximity to one another. (d) Deadline for Establishment of Proposed Corridors.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall publish in the Federal Register the boundaries of the transportation trade corridors the Secretary proposes to establish under this section. (e) Comment Period.--The Secretary of Transportation shall provide a period of 45 days for comments to be made to the Secretary by the public, and for holding such hearings as the Secretary determines are appropriate to receive comments, concerning the boundaries of the transportation trade corridors proposed by the Secretary under subsection (c). (f) Deadline for Establishment of Final Corridors.--Not later than one year after date of enactment of this Act, the Secretary of Transportation shall publish in the Federal Register the boundaries of the transportation trade corridors the Secretary is establishing under this section. (g) Periodic Reviews and Modifications.--During 60-day period ending on September 30 before each fiscal year after the first fiscal year for which funds are authorized to be appropriated to carry out this Act, the Secretary of Transportation may conduct such reviews, hold such hearings, and take such other actions as may be necessary to ensure that-- (1) there is a transportation trade corridor for each Customs port of entry for which fees were collected under section 3 in the preceding fiscal year; and (2) the boundaries of such corridor are appropriate to carry out the objectives of this Act. SEC. 8. REGULATIONS. Not later than one year after date of enactment of this Act, the Secretary of Transportation shall issue regulations to carry out the objectives of this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated from the National Trade Gateway Corridor Fund established by section 3 to carry out this Act for each of fiscal years 2009 through 2018 such sums as were deposited in the Fund during the preceding fiscal year under section 3. (b) Date Available for Obligation.--Authorizations from the separate account to carry out this Act shall be available for obligation on October 1 of the fiscal year for which they are authorized. (c) Grants as Contractual Obligations.--A grant for a highway project under this Act that is approved by the Secretary is a contractual obligation of the Government to pay the Federal share of the cost of the project. SEC. 10. DEFINITIONS. In this Act, the following definitions apply: (1) Eligible project.--The term ``eligible project'' means-- (A) a project or activity eligible for assistance under chapter 1 of title 23, United States Code; and (B) a project for construction of or improvements to a publicly owned intermodal freight transfer facility, for providing access to such a facility, or for making operational improvements to such a facility (including capital investment for an intelligent transportation system); except that a project located within the boundaries of a port terminal shall only include the surface transportation infrastructure modifications necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port. (2) Federal-aid highway.--The term ``Federal-aid highway'' has the meaning such term has under section 101 of title 23, United States Code. (3) State.--The term ``State'' means any of the 50 States, the District of Columbia, and Puerto Rico. (4) State department of transportation.--The term ``State department of transportation'' has the meaning such term has under section 101 of title 23, United States Code. (5) United states.--The term ``United States'' means the 50 States, the District of Columbia, and Puerto Rico.", "summary": "Our Nation's Trade, Infrastructure, Mobility, and Efficiency Act of 2007 or the ON TIME Act of 2007 - Declares that it is the purpose of this Act to: (1) address major transportation investment needs in national trade gateway corridors; (2) reduce freight congestion along current and future trade corridors along surface transportation routes that are or will be congested as a result of current or future growth in international trade; and (3) develop corridors that will increase freight transportation system reliability. Directs the Secretary of Transportation (Secretary) to assess and collect a national trade gateway corridor fee on each article imported into, and exported from, the United States. Requires collected fees to be deposited in the National Trade Gateway Corridor Fund for projects in the transportation trade corridors for the Customs port of unloading of imported, or loading of exported, articles. Sets forth requirements with respect to: (1) the allocation of Fund amounts in the form of grants to state departments of transportation to carry out eligible projects in the corridors for the Customs ports of entry; and (2) project selection and eligibility. Requires the Secretary to establish a transportation trade corridor for each Customs port of entry where fees are collected."}
{"article": "SECTION 1. WATER DIVERSION PROTECTION AND FISHERIES ENHANCEMENT PROGRAM. (a) In General.--In cooperation with the Secretary of the Interior and the Secretary of Commerce, the Secretary shall develop and implement a comprehensive program for fish screens, fish passage devices, and other measures agreed to by local interests and relevant Federal agencies for water diversions by local governmental entities in the States of Oregon, Washington, Montana, and Idaho that provide water supplies. (b) Goals.--The goals of the program under subsection (a) shall be-- (1) to decrease the incidence of juvenile and adult fish entering water supply systems; and (2) to decrease fish mortality associated with the withdrawal of water for irrigation and other purposes without impairing the continued withdrawal of water for that purpose. (c) Participation by Non-Federal Entities.--Non-Federal participation in the program under subsection (a) shall be voluntary. The Secretary shall take no action that would result in any non-Federal entity being held financially responsible for any action unless the entity applies to participate in the program. (d) Activities.-- (1) In general.--The program under subsection (a) shall consist of-- (A) inventory of screened and unscreened diversions and evaluation of the effectiveness of fish screens, fish passage devices, and other measures in existence on the date of enactment of this Act; (B) identification and prioritization of critical areas for improvement; and (C) development and execution of an implementation and construction program. (2) Basis of evaluation and prioritization.--Evaluation and prioritization shall be conducted on the basis of-- (A) the objectives of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and related environmental concerns; (B) the cost effectiveness; (C) the size of diversion; (D) the availability of other funding sources; and (E) the opportunity for biological benefit to be achieved with improved conditions. (3) Procedure.--In the development of the program under subsection (a), the Secretary shall-- (A) consult with other Federal, State, and local agencies; and (B) make maximum use of data and studies in existence on the date of enactment of this Act. (e) Requirements.--A recommended fish screen, fish passage device, or other measure shall-- (1) meet the requirements of the United States Fish and Wildlife Service or the National Marine Fisheries Service, as applicable, and any State requirements; and (2) be agreed to by all interested Federal and non-Federal entities. (f) Cost Sharing.-- (1) Studies.--The cost of studies conducted in connection with the program under subsection (a) shall be shared in accordance with section 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2215). (2) Implementation.-- (A) In general.--The non-Federal interests shall pay 35 percent of the implementation cost for any measures recommended under the program under subsection (a). (B) In-kind contributions.--The non-Federal interests shall provide all land, easements, rights-of- way, dredged material disposal areas, and relocations necessary for projects carried out under the program under subsection (a). The value of such land, easements, rights of way, dredged material disposal areas, and relocations shall be credited toward the payment required under subparagraph (A). (3) OMRR&R.--The non-Federal interests shall be responsible for all costs associated with operating, maintaining, repairing, rehabilitating, and replacing all projects carried out under the program under subsection (a). (g) Agreements.-- (1) Payment of costs.--Construction of a project under this section shall be initiated only after the non-Federal interest has entered into a binding agreement with the Secretary to pay the non-Federal share of the costs of construction required by this section and to pay 100 percent of any operation, maintenance, repair, rehabilitation, or replacement cost with respect to the project in accordance with guidelines established by the Secretary. (2) Access.-- (A) In general.--The owner of land on which a project under this section is constructed shall grant appropriate Federal personnel reasonable access to the project for the installation, maintenance, repair, rehabilitation, or replacement of fish screens and passage devices. (B) Effect of grant.--A grant of access to land under subparagraph (A) shall not provide a basis for Federal use or regulation of the surrounding private land. (h) Reporting Requirements.-- (1) In general.--The non-Federal interests with respect to a project under this section shall provide reports on such matters and in such form as the Secretary may require. (2) Items to be addressed.--Items to be addressed shall include costs and actions taken to fulfill annual requirements for operating, maintaining, replacing, repairing, and rehabilitating projects. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each fiscal year.", "summary": "Directs the Secretary of the Army, in order to decrease the incidence of fish entering water supply systems and decrease fish mortality associated with withdrawal of water for irrigation and other purposes, to develop and implement a comprehensive program for fish screens, fish passage devices, and other measures agreed to by local interests and relevant Federal agencies for water diversions by local government entities in Oregon, Washington, Montana, and Idaho that provide water supplies. Sets forth program and reporting requirements. Authorizes appropriations."}
{"article": "SECTION 1. SIGNING AND MASTERY BONUSES FOR TEACHERS IN MATH AND SCIENCE. Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part E as part G; (2) by redesignating sections 2401 and 2402 as sections 2601 and 2602, respectively; and (3) by inserting after part D the following new part: ``PART E--SIGNING AND MASTERY BONUSES FOR TEACHERS IN MATH AND SCIENCE ``SEC. 2401. SIGNING BONUSES FOR TEACHERS IN MATH AND SCIENCE. ``(a) Grants to State Educational Agencies.-- ``(1) Authority to award grants.--The Secretary shall award grants to State educational agencies to enable the agencies to assist local educational agencies to provide signing bonuses to middle or secondary school math or science teachers who agree to teach in a school in a high-need area during the 4-school year period that begins on the date on which the teacher is hired. ``(2) Criteria.--In order to receive a grant under this section, a State educational agency shall submit to the Secretary, for the Secretary's approval, a list of criteria for awarding the signing bonuses described in paragraph (1). Such criteria shall require that-- ``(A) an individual receiving such a signing bonus have obtained licensing or certification to teach other than temporary or emergency licensing or certification; and ``(B) an individual receiving such a bonus-- ``(i) have an academic major or minor in the academic subject in which the individual intends to teach; or ``(ii) a work-related concentration in the academic subject in which the individual intends to teach. ``(3) Peer review board.--In order to receive a grant under this section, a State educational agency shall establish a peer review board to review criteria for providing signing bonuses under the grant. ``(4) Application.--In order to receive a grant under this section, a State educational agency shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(b) Grants to Local Educational Agencies.-- ``(1) Authority to award grants.--A State educational agency that receives a grant under subsection (a) shall use the funds made available through the grant to award grants to local educational agencies to provide the bonuses described in subsection (a). ``(2) Use of Funds.--A local educational agency that receives a grant under paragraph (1) shall use the funds made available through the grant to provide, during the 4-school year period described in subsection (a)(1), a signing bonus in the amount of $5,000 for each such year, for the hiring of a middle or secondary school math or science teacher who is eligible for an award based on the criteria in subsection (a)(2). ``(3) Application.--In order to receive a grant under this subsection, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may require. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $100,000,000 for each of fiscal years 2002 through 2006. ``(d) Definition of `High-Need Area'.--In this section, the term `high-need area' means an area, as determined by the local educational agency, in which-- ``(1) not less than 30 percent of the children served by the local educational agency are children eligible to be counted under section 1124(c)(2); and ``(2) the middle and secondary schools-- ``(A) have a higher percentage of uncertified or unlicensed math and science teachers than the corresponding percentage for the State; or ``(B) have a higher percentage of math and science teachers not trained in math and science than the corresponding percentage for the State. ``SEC. 2402. MASTERY BONUSES FOR TEACHERS IN MATH AND SCIENCE. ``(a) Grants to State Educational Agencies.-- ``(1) Authority to award grants.--The Secretary shall award grants to State educational agencies to enable the agencies to assist local educational agencies to provide mastery bonuses to supplement the salaries of middle or secondary school math or science teachers who pass an advanced competency exam in math and science that is approved by the National Academy of Sciences and agree to teach during the 5-school year period that begins during or after the date on which the State educational agency determines that the teacher has passed the advanced competency exam. ``(2) Criteria.--In order to receive a grant under this section, a State educational agency shall submit to the Secretary, for the Secretary's approval, a list of criteria for awarding the mastery bonuses described in paragraph (1). Such criteria shall require that-- ``(A) an individual receiving such a bonus have obtained licensing or certification to teach other than temporary or emergency licensing or certification; and ``(B) an individual receiving such a bonus have an academic or work-related concentration in the academic subject in which the individual intends to teach. ``(3) Peer review board.--In order to receive a grant under this section, a State educational agency shall establish a peer review board to review criteria for providing mastery bonuses under the grant. ``(4) Application.--In order to receive a grant under this section, a State educational agency shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(b) Grants to Local Educational Agencies.-- ``(1) Authority to award grants.--A State educational agency that receives a grant under subsection (a) shall use the funds made available through the grant to award grants to local educational agencies to provide the mastery bonuses described in subsection (a). ``(2) Use of funds.--A local educational agency that receives a grant under paragraph (1) shall use the funds made available through the grant to provide-- ``(A) a middle or secondary school math or science teacher who passes an advanced competency exam and teaches during the 5-school year period described in subsection (a)(1) with an additional $4,000 each such year; and ``(B) a middle or secondary school math or science teacher who passes an advanced competency exam and agrees to teach in a high-need area (as defined in section 2401(d) during the 5-school year period described in subsection (a)(1) with an additional $5,000 each such year. ``(3) Application.--In order to receive a grant under this subsection, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may require. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $100,000,000 for each of fiscal years 2002 through 2006.''. SEC. 2. MENTOR TEACHER PROGRAMS FOR MATH AND SCIENCE TEACHERS. Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.), as amended in section 1, is further amended by inserting after part E the following: ``PART F--MENTOR TEACHER PROGRAM ``SEC. 2501. PURPOSES. ``The purposes of this part are to give local educational agencies the resources to establish mentor teacher programs to enable experienced teachers to train, support, and mentor novice teachers. ``SEC. 2502. DEFINITIONS. ``In this part: ``(1) Board certified.--The term `board certified' means successful completion of all requirements to be certified by the National Board for Professional Teaching Standards in the academic subject in which a teacher is teaching. ``(2) Mentor teacher.--The term `mentor teacher' means a teacher who-- ``(A) is fully certified or licensed; ``(B) has demonstrated mastery of pedagogical and subject matter skills (such as by becoming board certified); and ``(C) has provided evidence of superior teaching abilities and interpersonal relationship characteristics. ``(3) Novice teacher.--The term `novice teacher' means a teacher who-- ``(A) has been teaching not more than 3 years at a public elementary school or secondary school; and ``(B) is a math or science teacher. ``SEC. 2503. PROGRAM AUTHORIZED. ``(a) Authority.-- ``(1) In general.--The Secretary is authorized to award grants, on a competitive basis, to eligible local educational agencies to develop and implement mentor teacher programs as described in subsection (e). ``(2) Duration.--The Secretary shall award grants under this subsection for periods of not more than 5 years. ``(b) Eligible Local Educational Agencies.--To be eligible to receive a grant under subsection (a) for a fiscal year, a local educational agency shall-- ``(1) be a local educational agency that has received a grant under section 2401 (relating to signing bonuses) for the fiscal year; and ``(2) agree to use the funds made available through the grant to develop and implement the mentor teacher programs in schools served by teachers who have received signing bonuses under section 2401 for the fiscal year. ``(c) Geographic Distribution.--To the maximum extent practicable, the Secretary shall award the grants so that the grants are distributed among the local educational agencies with higher percentages of novice teachers, or lower percentages of certified or licensed teachers, than the corresponding percentages for the States in which the agencies are located. ``(d) Amount.--The amount of each grant shall be determined based on-- ``(1) the total amount appropriated for a fiscal year under section 2508 and made available to carry out this part; and ``(2) the extent of the concentration of novice teachers in the school district involved. ``(e) Authorized Activities.-- ``(1) Allocation by activity.--A local educational agency that receives a grant under subsection (a) for a mentor teacher program shall use-- ``(A) not less than 75 percent of the funds made available through the grant to pay for the Federal share of the cost of obtaining the services of the mentor teachers; and ``(B) not more than 25 percent of the funds to pay for other costs related to the development and implementation of the mentor teacher program. ``(2) Training.--The mentor teacher program shall provide training to novice teachers on effective teaching techniques (including techniques relating to class discipline and curriculum development) through observation, instruction, coaching, and mentoring by mentor teachers. ``(3) Federal share.-- ``(A) In general.--The Federal share of the cost described in paragraph (1)(A) is 75 percent. ``(B) Non-federal share.--The non-Federal share of the cost may be provided from State sources in cash or in kind, fairly evaluated, including plant, equipment, and services. ``(f) Supplement, Not Supplant.--Funds appropriated pursuant to the authority of this part shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide services for eligible individuals. ``SEC. 2504. APPLICATIONS. ``A local educational agency desiring a grant under section 2503 shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``SEC. 2505. PAYMENTS. ``(a) In General.--Grant payments shall be made under this part on an annual basis. ``(b) Administrative Costs.--Each local educational agency that receives a grant under section 2503 shall use not more than 2 percent of the amount awarded under the grant for administrative costs. ``(c) Denial of Grant.--If the Secretary determines that a local educational agency has failed to make substantial progress in attaining such performance objectives and goals as the Secretary may require the agency to establish, such an agency shall not be eligible for a grant payment under this part in the next succeeding year. ``SEC. 2506. REPORTS. ``The Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report of program activities funded under this part. ``SEC. 2507. MATCHING REQUIREMENT. ``The Secretary may not award a grant to a local educational agency under section 2503 unless the local educational agency agrees that, with respect to costs to be incurred by the agency in carrying out activities for which the grant was awarded, the agency shall provide (directly or through donations from public or private entities) in non- Federal contributions an amount equal to 25 percent of the amount of the grant awarded to the agency. ``SEC. 2508. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part $50,000,000 for each of fiscal years 2002 through 2006.''.", "summary": "Amends the Elementary and Secondary Education Act of 1965 to establish grant programs to provide: (1) signing bonuses for middle or secondary school mathematics or science teachers who agree to teach in public schools in high-need areas for four years; and (2) mentor teachers to train, support, and mentor novice teachers of mathematics or science in public elementary or secondary schools."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Allergy and Anaphylaxis Management Act of 2008''. SEC. 2. FINDINGS. Congress finds as follows: (1) Food allergy is an increasing food safety and public health concern in the United States, especially among students. (2) Peanut allergy doubled among children from 1997 to 2002. (3) In a 2004 survey of 400 elementary school nurses, 37 percent reported having at least 10 students with severe food allergies and 62 percent reported having at least 5. (4) Forty-four percent of the elementary school nurses surveyed reported that the number of students in their school with food allergy had increased over the past 5 years, while only 2 percent reported a decrease. (5) In a 2001 study of 32 fatal food-allergy induced anaphylactic reactions (the largest study of its kind to date), more than half (53 percent) of the individuals were aged 18 or younger. (6) Eight foods account for 90 percent of all food-allergic reactions: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soy. (7) Currently, there is no cure for food allergies; strict avoidance of the offending food is the only way to prevent a reaction. (8) Anaphylaxis is a systemic allergic reaction that can kill within minutes. (9) Food-allergic reactions are the leading cause of anaphylaxis outside the hospital setting, accounting for an estimated 30,000 emergency room visits, 2,000 hospitalizations, and 150 to 200 deaths each year in the United States. (10) Fatalities from anaphylaxis are associated with a delay in the administration of epinephrine (adrenaline), or when epinephrine was not administered at all. In a study of 13 food allergy-induced anaphylactic reactions in school-age children (6 fatal and 7 near fatal), only 2 of the children who died received epinephrine within 1 hour of ingesting the allergen, and all but 1 of the children who survived received epinephrine within 30 minutes. (11) The importance of managing life-threatening food allergies in the school setting has been recognized by the American Medical Association, the American Academy of Pediatrics, the American Academy of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, and the National Association of School Nurses. (12) There are no Federal guidelines concerning the management of life-threatening food allergies in the school setting. (13) Three-quarters of the elementary school nurses surveyed reported developing their own training guidelines. (14) Relatively few schools actually employ a full-time school nurse. Many are forced to cover more than 1 school, and are often in charge of hundreds if not thousands of students. (15) Parents of students with severe food allergies often face entirely different food allergy management approaches when their students change schools or school districts. (16) In a study of food allergy reactions in schools and day-care settings, delays in treatment were attributed to a failure to follow emergency plans, calling parents instead of administering emergency medications, and an inability to administer epinephrine. SEC. 3. DEFINITIONS. In this Act: (1) ESEA definitions.--The terms ``local educational agency'', ``secondary school'', and ``elementary school'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) School.--The term ``school'' includes public-- (A) kindergartens; (B) elementary schools; and (C) secondary schools. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, in consultation with the Secretary of Education. SEC. 4. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT POLICY. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall-- (1) develop a policy to be used on a voluntary basis to manage the risk of food allergy and anaphylaxis in schools; and (2) make such policy available to local educational agencies and other interested individuals and entities, including licensed child care providers, preschool programs, and Head Start, to be implemented on a voluntary basis only. (b) Contents.--The voluntary policy developed by the Secretary under subsection (a) shall contain guidelines that address each of the following: (1) Parental obligation to provide the school, prior to the start of every school year, with-- (A) documentation from the student's physician or nurse-- (i) supporting a diagnosis of food allergy and the risk of anaphylaxis; (ii) identifying any food to which the student is allergic; (iii) describing, if appropriate, any prior history of anaphylaxis; (iv) listing any medication prescribed for the student for the treatment of anaphylaxis; (v) detailing emergency treatment procedures in the event of a reaction; (vi) listing the signs and symptoms of a reaction; and (vii) assessing the student's readiness for self-administration of prescription medication; and (B) a list of substitute meals that may be offered to the student by school food service personnel. (2) The creation and maintenance of an individual health care plan tailored to the needs of each student with a documented risk for anaphylaxis, including any procedures for the self-administration of medication by such students in instances where-- (A) the students are capable of self-administering medication; and (B) such administration is not prohibited by State law. (3) Communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response. (4) Strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as cafeterias. (5) The dissemination of information on life-threatening food allergies to school staff, parents, and students, if appropriate by law. (6) Food allergy management training of school personnel who regularly come into contact with students with life- threatening food allergies. (7) The authorization and training of school personnel to administer epinephrine when the school nurse is not immediately available. (8) The timely accessibility of epinephrine by school personnel when the nurse is not immediately available. (9) Extracurricular programs such as non-academic outings and field trips, before- and after-school programs, and school- sponsored programs held on weekends that are addressed in the individual health care plan. (10) The collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis. (c) Relation to State Law.--Nothing in this Act or the policy developed by the Secretary under subsection (a) shall be construed to preempt State law, including any State law regarding whether students at risk for anaphylaxis may self-administer medication. SEC. 5. VOLUNTARY NATURE OF POLICY AND GUIDELINES. The policy developed by the Secretary under section 4(a) and the food allergy management guidelines contained in such policy are voluntary. Nothing in this Act or the policy developed by the Secretary under section 4(a) shall be construed to require a local educational agency or school to implement such policy or guidelines. Passed the House of Representatives April 8, 2008. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Food Allergy and Anaphylaxis Management Act of 2008 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies a policy to manage the risk of food allergy and anaphylaxis in schools to be implemented on a voluntary basis only. Directs that such policy address: (1) the documentation of student allergies and the development of an individual health care plan for each such student; (2) communication with emergency medical services, school staff, parents, and students; (3) reduction of exposure to causative agents of food allergies; (4) food allergy management training; and (5) administration of epinephrine. Provides that the policy developed by the Secretary and the food allergy management guidelines contained in such policy are voluntary."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community College Teacher Preparation Enhancement Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Well qualified teachers and paraprofessionals are critical to the success of the Nation's students. (2) In order to meet the changing demands of their jobs and the Federal requirements under the No Child Left Behind Act of 2001 (Public Law 107-110), teachers and prospective teachers must have access to high-quality teacher training. (3) The 1,200 community colleges across the United States play an important role in training teachers, offering professional development, and continuing education. (4) Community colleges enroll more than 6,000,000 credit students or 44 percent of all undergraduates in the United States. (5) At least 25 percent of undergraduates receiving a teaching degree began their postsecondary education at a community college. (6) Due to teacher attrition, teacher retirement, and a growing student population, the Nation will require an additional 2,400,000 teachers over the next decade. (7) If left unchanged, the production rate of teachers is 200,000 short of meeting the expected future demand. (8) In subjects such as mathematics, science, special education, and bilingual education, the Nation risks a severe teacher shortfall. (9) Community colleges offer accessibility and a link to education opportunities present at 4-year institutions of higher education. (10) There is no systematic infrastructure or resources in place to advance more students from community colleges to 4- year institutions of higher education and into the teaching profession. (11) Many 4-year institutions of higher education and community colleges have engaged in collaborative agreements for teacher training. (12) To meet the Nation's needs for highly qualified teachers, it is appropriate that the community college role in teacher training be enhanced and that cooperation between community colleges and 4-year institutions of higher education be increased. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) foster collaboration between 4-year institutions of higher education and community colleges to enhance teacher preparation as required under the No Child Left Behind Act of 2001 (Public Law 107-110); (2) enhance the opportunity for community college students in teacher training programs to complete a baccalaureate degree in kindergarten through grade 12 education; (3) promote the development of best practices for coordinating teacher training between community colleges and 4- year institutions of higher education; and (4) expand community college teaching infrastructure to provide, among other things, professional development as called for under the No Child Left Behind Act of 2001 (Public Law 107- 110) to existing teachers. SEC. 4. TEACHER TRAINING ENHANCEMENT. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``PART C--TEACHER TRAINING ENHANCEMENT ``SEC. 231. DEFINITIONS. ``In this part: ``(1) 4-year institution of higher education.--The term `4- year institution of higher education' means an institution of higher education, as defined in section 101(a), whose highest undergraduate degree offered is predominantly the baccalaureate degree. ``(2) Community college.--The term `community college' has the meaning given the term `junior or community college' in section 312(f). ``(3) Eligible entity.-- ``(A) In general.--The term `eligible entity' means-- ``(i) a statewide governing or coordinating board with jurisdiction over community colleges and 4-year institutions of higher education; ``(ii) a partnership between a statewide governing or coordinating board with jurisdiction over community colleges and a statewide governing or coordinating board with jurisdiction over 4-year institutions of higher education; ``(iii) a partnership between 1 or more community colleges and 1 or more 4-year institutions of higher education; or ``(iv) a community college offering a teacher preparation program that provides all, or a significant portion of, teacher training, postbaccalaureate certification, and professional development. ``(B) Inclusions.--The term `eligible entity' under clauses (i) and (ii) of subparagraph (A) may include other institutions with responsibility for teacher preparation or teacher standards. ``(4) Highly qualified.--The term `highly qualified' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. ``(5) Professional development.--The term `professional development' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. ``SEC. 232. GRANT PROGRAM. ``The Secretary is authorized to award grants to eligible entities to enable such entities to pay the Federal share of the costs of carrying out teacher training or preparation programs. ``SEC. 233. APPLICATION. ``An eligible entity that desires to receive a grant under this part shall submit to the Secretary an application at such time, in such manner, and containing such information or assurances as the Secretary may require. ``SEC. 234. AWARDING OF GRANTS. ``(a) Priority.--In awarding grants under this part, the Secretary shall give priority to eligible entities that propose any of the following: ``(1) Grant funds will be used to provide for teacher preparation in geographic areas with shortages of highly qualified teachers. ``(2) Grant funds will be used to prepare teachers in kindergarten through grade 12 subject content areas that have a shortage of highly qualified teachers. ``(3) Grant funds will be used to carry out innovative programs to address teacher training or teacher preparation. ``(4) Grant funds will be used to conduct outreach into secondary schools. ``(5) Grant funds will be used to carry out a plan to disseminate information. ``(b) Geographic Diversity.--The Secretary shall ensure that grants are awarded in a geographically diverse manner. ``(c) Duration.--Grants awarded under this part shall be for 5 years in duration. ``SEC. 235. USES OF FUNDS. ``(a) Mandatory Use.--An eligible entity that receives a grant under this section shall use the grant funds to carry out not less than 1 of the following: ``(1) Enhancing the collaboration of teacher training between community colleges and 4-year institutions of higher education. ``(2) The development of programs that provide opportunities for community college students to complete a baccalaureate degree in kindergarten through grade 12 education. ``(3) The establishment of partnerships in teacher training between community colleges and 4-year institutions of higher education. ``(4) The establishment of programs at community colleges that prepare students to enter teacher preparation programs at 4-year institutions of higher education. ``(5) Developing programs to provide pathways for secondary school students to pursue careers in teaching. ``(6) Establishing postbaccalaureate teacher certification programs. ``(b) Permissive Use of Funds.--An eligible entity that receives a grant under this section may use the grant funds to carry out any of the following: ``(1) The creation of kindergarten through grade 12 teacher education programs and teacher aid programs to meet requirements under the Elementary and Secondary Education Act of 1965. ``(2) The coordination of teacher and paraprofessional curricula for use at community colleges and 4-year institutions of higher education. ``(3) The establishment of curricula and programs for professional development for teachers. ``SEC. 236. REPORT AND EVALUATION. ``(a) Annual Report.--An eligible entity that receives a grant under this section shall submit an annual report to the Secretary on-- ``(1) the progress made toward the goals of the grant; ``(2) the activities supported by the grant; ``(3) the number of students served; ``(4) when applicable, the ability to place students graduating from schools supported by a grant under this part; and ``(5) when applicable, the number of students graduating from schools supported by a grant under this part who meet the requirements for highly qualified teachers under the Elementary and Secondary Education Act of 1965. ``(b) Evaluation.--The Secretary shall review and evaluate the reports submitted under subsection (a). ``SEC. 237. MATCHING REQUIREMENT. ``(a) In General.--The Federal share of the costs of carrying out a teacher training or preparation program shall be-- ``(1) 65 percent for the first year of the grant; ``(2) 60 percent for the second year of the grant; ``(3) 55 percent for the third year of the grant; ``(4) 50 percent for the fourth year of the grant; and ``(5) 45 percent for the fifth year of the grant. ``(b) In Cash or In-Kind.--The non-Federal share of the costs of carrying out a teacher training or preparation program may be provided in cash or in the form of in-kind contributions. ``SEC. 238. REPORT BY THE SECRETARY. ``The Secretary shall review and submit an annual report to Congress on the activities supported under this part and the impact of this part with respect to-- ``(1) producing highly qualified teachers and teachers aids; ``(2) helping address teacher shortages, particularly in rural and urban areas; and ``(3) enhancing the diversity of the Nation's teaching force. ``SEC. 239. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $25,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years.''.", "summary": "Community College Teacher Preparation Enhancement Act of 2004 - Amends the Higher Education Act of 1965 to establish a teacher training enhancement program. Authorizes the Secretary of Education to award matching grants to eligible entities for teacher training or preparation. Includes among eligible entities: (1) statewide boards with jurisdiction over community colleges and four-year institutions of higher education (IHEs); (2) partnerships between statewide boards with jurisdiction over community colleges and statewide boards with jurisdiction over four-year IHEs; (3) partnerships between community colleges and four-year IHEs; or (4) community colleges offering teacher preparation programs that provide all, or a significant portion of, teacher training, postbaccalaureate certification, and professional development. Gives priority to proposals for using grants for: (1) teacher preparation in geographic areas with shortages of highly qualified teachers; (2) preparing teachers in kindergarten through grade 12 subject content areas that have a shortage of highly qualified teachers; (3) innovative programs to address teacher training or teacher preparation; (4) outreach into secondary schools; or (5) plans to disseminate information. Requires grantees to use grant funds for at least one of specified mandatory uses. Sets forth permissive uses of grants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians are descendants of, and political successors to, signatories of the 1836 Treaty of Washington and the 1855 Treaty of Detroit. (2) The Grand Traverse Band of Ottawa and Chippewa Indians, the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay Mills Band of Chippewa Indians, whose members are also descendants of the signatories to the 1836 Treaty of Washington and the 1855 Treaty of Detroit, have been recognized by the Federal Government as distinct Indian tribes. (3) The Little Traverse Bay Bands of Odawa Indians consists of at least 1,000 eligible members who continue to reside close to their ancestral homeland as recognized in the Little Traverse Reservation in the 1836 Treaty of Washington and 1855 Treaty of Detroit, which area is now known as Emmet and Charlevoix Counties, Michigan. (4) The Little River Band of Ottawa Indians consists of at least 500 eligible members who continue to reside close to their ancestral homeland as recognized in the Manistee Reservation in the 1836 Treaty of Washington and reservation in the 1855 Treaty of Detroit, which area is now known as Manistee and Mason Counties, Michigan. (5) The Bands filed for reorganization of their existing tribal governments in 1935 under the Act of June 18, 1934 (25 U.S.C. et seq.; commonly referred to as the ``Indian Reorganization Act''). Federal agents who visited the Bands, including Commissioner of Indian Affairs, John Collier, attested to the continued social and political existence of the Bands and concluded that the Bands were eligible for reorganization. Due to a lack of Federal appropriations to implement the provisions of such Act, the Bands were denied the opportunity to reorganize. (6) In spite of such denial, the Bands continued their political and social existence with viable tribal governments. The Bands, along with other Michigan Odawa/Ottawa groups, including the tribes described in paragraph (2), formed the Northern Michigan Ottawa Association in 1948. The Association subsequently pursued a successful land claim with the Indian Claims Commission. (7) Between 1948 and 1975, the Bands carried out many of their governmental functions through the Northern Michigan Ottawa Association, while retaining individual Band control over local decisions. (8) In 1975, the Northern Michigan Ottawa Association petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''), to form a government on behalf of the Bands. Again in spite of the Bands' eligibility, the Bureau of Indian Affairs failed to act on their request. (9) The United States Government, the government of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Bands from 1836 to the present. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Bands'' means the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians; (2) the term ``member'' means those individuals enrolled in the Bands pursuant to section 7; and (3) the term ``Secretary'' means the Secretary of the Interior. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition of the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians is hereby reaffirmed. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''), which are not inconsistent with any specific provision of this Act shall be applicable to the Bands and their members. (b) Federal Services and Benefits.-- (1) In general.--The Bands and their members shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as federally recognized Indians, and notwithstanding any other provision of law, such services and benefits shall be provided after the date of the enactment of this Act to the Bands and their members without regard to the existence of a reservation or the location of the residence of any member on or near any Indian reservation. (2) Service areas.-- (A) Little traverse bay bands.--For purposes of the delivery of Federal services to the enrolled members of the Little Traverse Bay Bands of Odawa Indians, the area of the State of Michigan within 70 miles of the boundaries of the reservations for the Little Traverse Bay Bands as set out in Article I, paragraphs `third' and `fourth' of the Treaty of 1855, 11 Stat. 621, shall be deemed to be within or near a reservation, notwithstanding the establishment of a reservation for the tribe after the date of the enactment of this Act. Services may be provided to members outside the named service area unless prohibited by law or program regulations. (B) Little river band.--For purposes of the delivery of Federal services to enrolled members of the Little River Band of Ottawa Indians, the Counties of Manistee, Mason, Wexford and Lake, in the State of Michigan, shall be deemed to be within or near a reservation, notwithstanding the establishment of a reservation for the tribe after the date of the enactment of this Act. Services may be provided to members outside the named Counties unless prohibited by law or program regulations. SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--All rights and privileges of the Bands, and their members thereof, which may have been abrogated or diminished before the date of the enactment of this Act are hereby reaffirmed. (b) Existing Rights of Tribe.--Nothing in this Act shall be construed to diminish any right or privilege of the Bands, or of their members, that existed prior to the date of enactment of this Act. Except as otherwise specifically provided in any other provision of this Act, nothing in this Act shall be construed as altering or affecting any legal or equitable claim the Bands might have to enforce any right or privilege reserved by or granted to the Bands which were wrongfully denied to or taken from the Bands prior to the enactment of this Act. SEC. 6. TRANSFER OF LAND FOR THE BENEFIT OF THE BANDS. (a) Little Traverse Bay Bands.--The Secretary shall acquire real property in Emmet and Charlevoix Counties for the benefit of the Little Traversee Bay Bands. The Secretary shall also accept any real property located in those Counties for the benefit of the Little Traverse Bay Bands if conveyed or otherwise transferred to the Secretary, if at the time of such acceptance, there are no adverse legal claims on such property including outstanding liens, mortgages or taxes owed. (b) Little River Band.--The Secretary shall acquire real property in Manistee and Mason Counties for the benefit of the Little River Band. The Secretary shall also accept any real property located in those Counties for the benefit of the Little River Band if conveyed or otherwise transferred to the Secretary, if at the time of such acceptance, there are no adverse legal claims on such property including outstanding liens, mortgages or taxes owed. (c) Additional Lands.--The Secretary may accept any additional acreage in each of the Bands' service area specified by section 4(b) of this Act pursuant to his authority under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''). (d) Reservation.--Subject to the conditions imposed by this section, the land acquired by or transferred to the Secretary under or pursuant to this section shall be taken in the name of the United States in trust for the Bands and shall be a part of the respective Bands' reservation. SEC. 7. MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Bands shall submit to the Secretary membership rolls consisting of all individuals currently enrolled for membership in such Bands. The qualifications for inclusion on the membership rolls of the Bands shall be determined by the membership clauses in such Bands' respective governing documents, in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Bands shall ensure that such rolls are maintained and kept current. SEC. 8. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot, elections for the purposes of adopting new constitutions for the Bands. The elections shall be held according to the procedures applicable to elections under section 16 of the Act of June 18, 1934 (25 U.S.C. 476; commonly referred to as the ``Indian Reorganization Act''). (2) Interim governing documents.--Until such time as new constitutions are adopted under paragraph (1), the governing documents in effect on the date of the enactment of this Act shall be the interim governing documents for the Bands. (b) Officials.-- (1) Election.--Not later than 6 months after the Bands adopt constitutions and bylaws pursuant to subsection (a), the Bands shall conduct elections by secret ballot for the purpose of electing officials for the Bands as provided in the Bands' respective governing constitutions. The elections shall be conducted according to the procedures described in the Bands' constitutions and bylaws. (2) Interim governments.--Until such time as the Bands elect new officials pursuant to paragraph (1), the Bands' governing bodies shall be those governing bodies in place on the date of the enactment of this Act, or any new governing bodies selected under the election procedures specified in the respective interim governing documents of the Bands.", "summary": "Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act - Reaffirms and extends Federal recognition and associated benefits to the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians (Tribes) of Michigan. Provides for the Tribes to be governed by current interim documents and officials until the Secretary of the Interior conducts elections to adopt a constitution and elect new tribal officials. Provides for the transfer of specified land for the benefit of the Bands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Affordability for Teachers and Public Safety Officers Act of 2005''. SEC. 2. PILOT PROGRAM FOR REDUCED FHA DOWNPAYMENT REQUIREMENTS FOR LOANS FOR TEACHERS AND PUBLIC SAFETY OFFICERS. (a) In General.--Section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) is amended by adding at the end the following new paragraph: ``(10) Reduced downpayment requirements for teachers and public safety officers.-- ``(A) In general.--Notwithstanding paragraph (2), in the case of a mortgage described in subparagraph (B)-- ``(i) the mortgage shall involve a principal obligation in an amount that does not exceed the sum of 99 percent of the appraised value of the property and the total amount of initial service charges, appraisal, inspection, and other fees (as the Secretary shall approve) paid in connection with the mortgage; ``(ii) no other provision of this subsection limiting the principal obligation of the mortgage based upon a percentage of the appraised value of the property subject to the mortgage shall apply; and ``(iii) the matter in paragraph (9) that precedes the first proviso shall not apply and the mortgage shall be executed by a mortgagor who shall have paid on account of the property at least 1 percent of the cost of acquisition (as determined by the Secretary) in cash or its equivalent. ``(B) Mortgages covered.--A mortgage described in this subparagraph is a mortgage-- ``(i) under which the mortgagor is an individual who-- ``(I) is (aa) a teacher, or (bb) a public safety officer; and ``(II) has not, during the 12-month period ending upon the insurance of the mortgage, had any present ownership interest in a principal residence located in the jurisdiction described in clause (ii); and ``(ii) made for a property that is located within the jurisdiction of-- ``(I) in the case of a mortgage of a mortgagor described in clause (i)(I)(aa), the local educational agency for the school in which the mortgagor is employed (or, in the case of a mortgagor employed in a private school, the local educational agency having jurisdiction for the area in which the private school is located); or ``(II) in the case of a mortgage of a mortgagor described in clause (i)(I)(bb), the jurisdiction served by the public law enforcement agency, firefighting agency, or rescue or ambulance agency that employs the mortgagor. ``(C) Program integrity.--Notwithstanding any other provision of this paragraph and section 203(c)(3), the Secretary may suspend the applicability of this paragraph and such section for such period as the Secretary considers appropriate if the Secretary determines such suspension is necessary because of fraud or other issues regarding program integrity. ``(D) Pilot program limitations.-- ``(i) Annual.--In any fiscal year, the aggregate number of mortgages insured under this paragraph may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this title during the preceding fiscal year. ``(ii) Term of program.--The aggregate number or mortgages insured under this paragraph may not exceed 50,000.''. (b) Deferral and Reduction of Up-Front Premium.--Section 203(c) of the National Housing Act (12 U.S.C. 1709(c)) is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by striking ``Notwithstanding'' and inserting ``Except as provided in paragraph (3) and notwithstanding''; and (2) by adding at the end the following new paragraph: ``(3) Deferral and reduction of up-front premium.--In the case of any mortgage described in subsection (b)(10)(B)-- ``(A) paragraph (2)(A) of this subsection (relating to collection of up-front premium payments) shall not apply; and ``(B) if, at any time during the 5-year period beginning on the date of the insurance of the mortgage, the mortgagor ceases to be a teacher or public safety officer (as such terms are defined in section 201) or pays the principal obligation of the mortgage in full, the Secretary shall at such time collect a single premium payment in an amount equal to the amount of the single premium payment that, but for this paragraph, would have been required under paragraph (2)(A) of this subsection with respect to the mortgage, as reduced by 20 percent of such amount for each successive 12-month period completed during such 5-year period before such cessation or prepayment occurs.''. (c) Definitions.--Section 201 of the National Housing Act (12 U.S.C. 1707) is amended-- (1) in subsection (a), by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; (2) by redesignating subsections (a) through (f) as paragraphs (1) through (6), respectively; (3) by realigning each such paragraph 2 ems from the left margin; and (4) by adding at the end the following new paragraphs: ``(7) The term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). ``(8) The term `teacher' means an individual who is employed on a part- or full-time basis as a teacher, teacher assistant, or administrator in a public or private school that provides elementary or secondary education, as determined under State law, except that elementary education shall include pre- Kindergarten education, and except that secondary education shall not include any education beyond grade 12. ``(9) The term `local educational agency' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).''. (d) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the amendments made by this section. SEC. 3. PILOT PROGRAM FOR PUBLIC SAFETY OFFICER HOME OWNERSHIP IN AT- RISK AREAS. (a) Program Authority.--The Secretary of Housing and Urban Development shall carry out a pilot program in accordance with this section to assist Federal, State, and local public safety officers purchasing homes in locally-designated at-risk areas. (b) Eligibility.--To be eligible for assistance under this section, a public safety officer shall agree, in writing, to use the residence purchased with such assistance as the primary residence of the public safety officer for not less than 3 years after the date of purchase. (c) Mortgage Assistance.--If a public safety officer purchases a home in locally-designated at-risk area and finances such purchase through a mortgage insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.), notwithstanding any provision of section 203 or any other provision of the National Housing Act, the following shall apply: (1) Downpayment.-- (A) In general.--There shall be no downpayment required if the purchase price of the property is not more than the reasonable value of the property, as determined by the Secretary. (B) Purchase price exceeds value.--If the purchase price of the property exceeds the reasonable value of the property, as determined by the Secretary, the required downpayment shall be the difference between such reasonable value and the purchase price. (2) Closing costs.--The closing costs and origination fee for such mortgage may be included in the loan amount. (3) Insurance premium payment.--There shall be one insurance premium payment due on the mortgage. Such insurance premium payment-- (A) shall be equal to 1 percent of the loan amount; (B) shall be due and considered earned by the Secretary at the time of the loan closing; and (C) may be included in the loan amount and paid from the loan proceeds. (d) Local Designation of at-Risk Areas.-- (1) Criteria.--Any unit of local government may request that the Secretary designate any area within the jurisdiction of that unit of local government as a locally-designated at- risk area for purposes of this section if the proposed area-- (A) has a crime rate that is significantly higher than the crime rate of the non-designated area that is within the jurisdiction of the unit of local government; and (B) has a population that is not more than 25 percent of the total population of area within the jurisdiction of the unit of local government. (2) Deadline for consideration of request.--Not later than 60 days after receiving a request under paragraph (1), the Secretary shall approve or disapprove the request. (e) Public Safety Officer.--For purposes of this section, the term ``public safety officer'' has the meaning given such term in section 201 of the National Housing Act (12 U.S.C. 1707) (as amended by section 2(c) of this Act). (f) Program Integrity.--Notwithstanding any other provision of this section, the Secretary may suspend the applicability of this section for such period as the Secretary considers appropriate if the Secretary determines such suspension is necessary because of fraud or other issues regarding program integrity. (g) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the provisions of this section. (h) Sunset.--The Secretary shall not approve any application for assistance under this section that is received by the Secretary after the expiration of the 3-year period beginning on the date that the Secretary first makes available assistance under the pilot program under this section.", "summary": "Housing Affordability for Teachers and Public Safety Officers Act of 2005 - Amends the National Housing Act to provide for one percent downpayments (and deferral and reduction of up-front payments) for Federal Housing Administration (FHA) mortgage loans for qualified elementary and secondary school teachers, teacher assistants, and administrators and public safety officers (as defined by the Omnibus Crime Control and Safe Streets Act of 1968) to purchase homes within the jurisdictions of their employing agencies. Authorizes program suspension for fraud or program integrity issues. Limits aggregate mortgages insured under such program to 50,000. Directs the Secretary of Housing and Urban Development to carry out a mortgage assistance pilot program to assist federal, state, and local public safety officers purchase primary residences in locally-designated at-risk areas. Authorizes program suspension for fraud or program integrity issues. Prohibits application approvals after the expiration of the three-year period beginning on the date that the Secretary first makes program assistance available."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Debbie Blanchard Access to Health Care for Individuals With Disabilities Act of 2010''. SEC. 2. FINDINGS. (1) According to the Bureau of the Census, approximately 1 in 5 people in the United States lives with some sort of physical disability. (2) More than 54,000,000 individuals in the United States report some level of disability and approximately 34,000,000 of such individuals are classified as having a severe disability. (3) An estimated 11,000,000 individuals aged 6 and older need personal assistance with everyday activities, including taking a bath or shower, preparing meals, and getting around the home. (4) Five percent of the United States population over age 15 uses a wheelchair or similar device, cane, crutches, or walker. (5) The number of individuals with physical disabilities continues to increase, and the Centers for Disease Control and Prevention recently announced that the agency was revising its estimate of the number of individuals with spina bifida, the most common permanently disabling birth defect in the United States, from an estimated 70,000 to an estimated 166,000. (6) Studies have found that individuals with disabilities have significant difficulty in accessing routine and specialized health care and that numerous barriers to acquiring health care exist for such individuals. (7) Approximately 1 in 3 women with a disability reports being denied services at a physician's office solely because of her disability. (8) Research shows that women with disabilities are less likely to have pap smears and mammograms, are more likely to be diagnosed with breast cancer at later stages of the disease, are less likely to receive standard treatments, and are more likely to have worse outcomes. (9) Individuals with disabilities report that one of the top barriers to accessing necessary health care is the inability to find an accessible health care provider or identify providers who understand how to treat individuals with disabilities and who are willing to have such individuals as patients. (10) The Spina Bifida Association recently announced that one of its volunteers, Debbie Blanchard, a woman who lived with spina bifida for 55 years, died from a late stage diagnosis of cervical cancer stemming from her inability to find a health care provider in her community who had an examination table that would lower to the level necessary for her to comfortably and safely transfer from her wheelchair to the examination table so she could be screened for cervical cancer. (11) Organizations representing individuals with disabilities report that such individuals need more and better information regarding accessible health care providers in their communities and additional support and resources to help ensure that such individuals receive the care they need and deserve. SEC. 3. PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS WITH DISABILITIES. Title III of the Public Health Service Act (42 U.S.C. 341 et seq.) is amended by adding after part V the following: ``PART W--PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS WITH DISABILITIES ``SEC. 399OO. STATE GRANTS FOR THE CREATION OF DISABILITY ACCESSIBLE PROVIDER DIRECTORIES. ``(a) In General.--The Secretary shall award grants to States for the purpose of developing and maintaining or updating and improving State-based, Internet directories of health care providers that are known to have entrances, examination rooms, and examination tables accessible to individuals with disabilities. Such grants shall be formula-based, factoring in each State's population of individuals with disabilities. ``(b) Definition.--In this part, the term `individual with a disability' has the meaning given such term in section 7(20) of the Rehabilitation Act of 1973. ``(c) Requirement of Application.--To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require. Applications shall explain how individuals with disabilities and health care providers may submit information for inclusion in the Internet directory of the State. ``(d) Authorized Activities.-- ``(1) In general.--Recipients of a grant under this section shall use grant funds to-- ``(A) develop and maintain an Internet directory or other such publicly available directory of information regarding individual providers, clinics, hospitals, and other health care facilities and providers in the State that are known to have entrances, examination rooms, and examination tables accessible to individuals with disabilities; or ``(B) update or improve an existing, publicly available directory of information regarding individual providers, clinics, hospitals, and other health care facilities and providers in the State that are known to have entrances, examination rooms, and examination tables accessible to individuals with disabilities. ``(2) Directory contents.--Each directory developed and maintained by a grant recipient, as described in paragraph (1)(A) or updated and improved by a grant recipient, as described in paragraph (1)(B), shall include-- ``(A) the full name, address, and telephone number of each provider, clinic, hospital, and health care facility included in the directory; and ``(B) specific information about the accommodations provided by each such provider, clinic, hospital, and health care facility to individuals with disabilities. ``SEC. 399OO-1. IMPROVING PROVIDER AND PATIENT AWARENESS OF THE NEED FOR ACCESSIBLE HEALTH CARE FACILITIES FOR PEOPLE WITH DISABILITIES. ``(a) Pilot Program.-- ``(1) In general.--The Secretary, acting through the Office on Disability of the Department of Health and Human Services and in collaboration with national organizations representing individuals with disabilities and health professional societies, shall establish a pilot program to increase the awareness of health care providers of the need to offer accessible environments and examination rooms and examination tables for individuals with disabilities and to increase voluntary compliance with Federal accessibility requirements. ``(2) Development and dissemination of resources.--The Secretary shall ensure that, under the pilot program established under paragraph (1), resources are developed for, and distributed to, health care providers to increase awareness of the need to offer accessible environments and examination rooms and examination tables for individuals with disabilities. Such resources shall include supportive information with respect to-- ``(A) accommodating individuals with disabilities; ``(B) modifications that can be made to physical environments to ensure accessibility; and ``(C) training regarding how to safely accommodate an individual in a wheelchair. ``(3) Targeted providers.--The pilot program shall be designed to target health care professionals and health care providers, including-- ``(A) primary care providers, such as physicians, nurse practitioners, and physician assistants, and the individuals who answer the telephones in the offices of such providers; ``(B) dentists and the individuals who answer the telephones in the offices of dentists; ``(C) health care clinics, including community health centers and radiology and imaging centers; ``(D) inpatient and outpatient hospitals, ambulatory surgery centers, urgent care centers, and rehabilitation facilities; and ``(E) specialists, such as obstetricians and gynecologists. ``(4) Program materials and messages.--Any materials and messages of the pilot program, including the resources designed and distributed as described in paragraph (2), shall reflect and incorporate information, findings, and materials otherwise developed by the Federal Government, such as information available through the `Right to Know Health Promotion Campaign' of the Centers for Disease Control and Prevention, and shall be field-tested and presented to focus groups to ensure effectiveness. ``(5) Program evaluation.--The Secretary shall conduct an evaluation of the effectiveness of the pilot program and make any necessary revisions to the program to ensure effectiveness and support in nationwide implementation of the program. ``(b) Information for Individuals With Disabilities.-- ``(1) In general.--The Secretary, acting through the Office on Disability of the Department of Health and Human Services, in collaboration with national organizations representing individuals with disabilities, shall develop and disseminate resources to support individuals with disabilities in finding providers that are accessible to such individuals. ``(2) Contents.--The resources described in paragraph (1) shall-- ``(A) include a concise list of questions for individuals with disabilities to ask when calling a health care provider for the first time to schedule an appointment, and suggestions for explaining the special needs of such individual to the provider and for seeking accommodation from the provider; ``(B) be culturally appropriate and at appropriate literacy levels for the target audience; ``(C) reflect and incorporate information, findings, and materials otherwise developed by the Federal Government, such as information available through the `Right to Know Health Promotion Campaign' of the Centers for Disease Control and Prevention; ``(D) be field-tested and presented to focus groups to ensure effectiveness; and ``(E) be disseminated on the Internet and through other means to ensure that individuals with disabilities receive support and assistance in their efforts to identify accessible health care providers in their communities. ``SEC. 399OO-2. ADVISORY COMMITTEE AND REPORT TO CONGRESS. ``(a) Establishment of the Advisory Committee.--The Secretary shall establish a National Advisory Committee on Access to Health Care for Individuals With Disabilities (referred to in this section as the `Advisory Committee') to support implementation of this part and to ensure interagency coordination of efforts to improve access to care for individuals with disabilities. ``(b) Responsibilities.--The responsibilities of the Advisory Committee shall include-- ``(1) reviewing applications for grants under section 399OO; ``(2) evaluating the grant program under section 399OO; ``(3) reviewing and providing feedback on the resources and other materials developed under section 399OO-1; ``(4) assisting with the dissemination of the information and resources developed under sections 399OO and 399OO-1; and ``(5) ensuring coordination of efforts within the Department of Health and Human Services to increase access to care for individuals with disabilities and to disseminate information regarding accessible entrances, examination rooms, and tables of health care providers. ``(c) Membership.-- ``(1) In general.--The members of the Advisory Committee shall include representatives of-- ``(A) the Office on Disability of the Department of Health and Human Services; ``(B) the Office of Minority Health of the Department of Health and Human Services; ``(C) the Office for Civil Rights of the Department of Health and Human Services; ``(D) the Health Resources and Services Administration, including the Bureau of Primary Health Care, the Office of Minority Health and Health Disparities, and the Office of Equal Opportunity and Civil Rights of such administration; ``(E) the Centers for Disease Control and Prevention; ``(F) the Agency for Healthcare Research and Quality; ``(G) the Centers for Medicare & Medicaid Services; ``(H) other Federal agencies, such as the Department of Veterans Affairs, as appropriate; ``(I) at least 5 private nonprofit organizations that are dedicated to improving the quality of life of, and facilitating access to health care for, individuals with disabilities; and ``(J) at least 3 health professional societies. ``(2) Voluntary service.--Members of the Advisory Committee shall serve without compensation. ``SEC. 399OO-3. REPORT TO CONGRESS. ``The Secretary shall, not later than 1 year after the date of enactment of this part and annually thereafter, submit to Congress a report summarizing the activities, findings, outcomes, and recommendations resulting from the grant and pilot programs and other activities under this part. ``SEC. 399OO-4. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part, such sums as may be necessary for fiscal years 2011 through 2015.''.", "summary": "Debbie Blanchard Access to Health Care for Individuals With Disabilities Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award grants to states to develop, maintain, and improve Internet directories of health care providers that are known to have entrances, examination rooms, and examination tables that are accessible to individuals with disabilities. Requires the Secretary, acting through the Office on Disability of HHS, to: (1) establish a pilot program to increase the awareness of health care providers of the need to offer accessible environments, examination rooms, and examination tables for individuals with disabilities and to increase voluntary compliance with federal accessibility requirements; and (2) develop and disseminate resources to support individuals with disabilities in finding providers that are accessible to such individuals, which shall include a concise list of questions for individuals with disabilities to ask when calling a health care provider for the first time to schedule an appointment and suggestions for explaining the special needs of such individuals to the provider and for seeking accommodation from the provider. Requires the Secretary to establish a National Advisory Committee on Access to Health Care for Individuals With Disabilities to support implementation of this Act and to ensure interagency coordination of efforts to improve access to care for individuals with disabilities."}
{"article": "SECTION 1. PURPOSE; APPROPRIATIONS AUTHORIZED. (a) Purpose.--It is the purpose of this Act-- (1) to establish a National Science Scholars Program to recognize student excellence and achievement in the physical, life, and computer sciences, mathematics, and engineering; (2) to provide financial assistance to students under paragraph (1) to continue their postsecondary education in such fields of study at sustained high levels of performance; (3) to contribute to strengthening the leadership of the United States in such fields; (4) to strengthen the United States mathematics, science, and engineering base by offering opportunities to pursue postsecondary education in life, physical, and computer sciences, mathematics, and engineering; (5) to encourage role models in scientific, mathematics, and engineering fields for young people; (6) to strengthen the United States mathematics, scientific, and engineering potential by encouraging equal participation of women with men in mathematics, scientific, and engineering fields; and (7) to attract talented students to teaching careers in mathematics and science in elementary and secondary schools. (b) Authorization of Appropriations.--There are authorized to be appropriated $4,500,000 for fiscal year 1997 and such sums as may be necessary for each of the 4 succeeding fiscal years for awards to National Science Scholars. SEC. 2. SCHOLARSHIPS AUTHORIZED. (a) Program Authority.--The Secretary is authorized, in accordance with the provisions of this Act, to carry out a program of awarding scholarships to students for the study of the physical, life, or computer sciences, mathematics, or engineering, who-- (1) are selected by the President; (2) have demonstrated outstanding academic achievement in the physical, life, or computer sciences, mathematics, or engineering; and (3) show promise of continued outstanding academic performance in such field of study. (b) Period of Awards.-- (1) Period of initial award.--A student who satisfies the requirements of section 4(a) may receive a scholarship, for a period of 1 academic year, for the first year of undergraduate study at an institution of higher education. (2) Continuation awards.--A student who satisfies the requirements of section 4(b) may receive additional scholarships, each awarded for a period of 1 academic year, in order to complete his or her undergraduate course of study. A student may receive additional scholarships for not more than 3 academic years of undergraduate study, except that, in the case of a student who is enrolled in an undergraduate course of study that requires attendance for 5 academic years, the student may receive additional scholarships for not more than 4 academic years of undergraduate study. (c) Use at Any Institution Permitted.--A student awarded a scholarship under this Act may attend any institution of higher education. (d) National Science Scholars.--Students awarded scholarships under this Act shall be known as ``National Science Scholars''. SEC. 3. SELECTION OF SCHOLARS. (a) Selection Criteria for Initial Awards.-- (1) Selection criteria.--The Director shall develop and submit to the Secretary proposed criteria to be used in the selection of National Science Scholars for initial year awards under section 2(b)(1). Such criteria shall provide for the selection of such scholars on the basis of potential to successfully complete a postsecondary program in the physical, life, or computer sciences, mathematics, or engineering, and on the basis of motivation to pursue a career in such fields. In addition, consideration may be given to the financial need of the individual, and to promoting participation by minorities and individuals with disabilities. The Director shall determine proposed criteria for measuring the potential and motivation of nominees. (2) Publication.--The Secretary and the Director shall agree to, and jointly publish in the Federal Register, appropriate selection criteria. (b) Selection Process for Initial Awards.-- (1) Nominating committee.--Each State desiring to qualify its students for selection as National Science Scholars shall establish a nominating committee. Such committee shall be appointed by the chief State school officer or by an existing grant agency or panel designated by such officer, and shall be approved by the Secretary. The nominating committee shall be a broad-based committee composed of educators, scientists, mathematicians, and engineers, who shall serve as volunteers without compensation. (2) Nominations.--The nominating committee in each State shall submit to the President the nominations of at least four individuals from each congressional district in the State, at least half of whom are female. Such selections shall be ranked in order of priority. (3) Selection.--The President, after consultation with the Secretary and the Director, shall select two National Science Scholars for each academic year from each congressional district, at least one of whom shall be female. (4) Announcement and award of scholarships.--The selection process shall be completed, and the announcement of the selection of National Science Scholars shall be made by the President prior to January 1st of each fiscal year. The Secretary shall notify each Member of Congress of selections made from such Member's district and State before the public announcement by the President. Presentation of scholarships may be made in a public ceremony. (5) Congressional district.--For purposes of this subsection, the term ``congressional district'' includes the part or all of a State (within the meaning of section 1201(b) of the Higher Education Act of 1965) represented by a Member or Delegate of the House of Representatives, and includes the Commonwealth of the Northern Mariana Islands. (c) Continuation Awards.--The Secretary shall award additional scholarships under section 2(b)(2) to recipients of initial awards under section 2(b)(1) who the Secretary determines meet the requirements of section 4(b). (d) Disbursal of Scholarship Proceeds.--Scholarship proceeds shall be disbursed on behalf of students who receive scholarships under this Act to the institutions of higher education at which the students are enrolled. No scholarship proceeds shall be disbursed on behalf of a student until the student is enrolled at an institution of higher education. (e) Special Rule.--The Director and the Secretary shall encourage the support and assistance of civic groups, the business community, professional associations, institutions of higher education, and others in providing scholarship assistance to National Science Scholarship finalists. SEC. 4. ELIGIBILITY OF SCHOLARS. (a) Requirements for Initial Award.--To be eligible to receive a scholarship under section 2(b)(1), a student shall-- (1) be scheduled to graduate from a public or private secondary school, or to obtain the equivalent of a certificate of graduation (as recognized by the State in which the student resides), during the school year in which the award is made; (2) be a citizen or national of the United States or the entities set forth in section 3(b)(5), or be an alien lawfully admitted to the United States for permanent residence; (3) have demonstrated outstanding academic achievement in secondary school in physical, life, or computer sciences, mathematics, or engineering; (4) have been accepted for enrollment at an institution of higher education as a full-time undergraduate student (as determined by the institution); and (5) have declared a major in 1 of the physical, life, or computer sciences, mathematics, or engineering, or provided a written statement to the State of his or her intent to major in 1 of these fields of study, if it is the policy of the institution at which the student has been accepted for enrollment that students not declare a major until a later point in their course of study. (b) Requirements for Continuation Awards.--A student who has received a scholarship under section 2(b)(1) may receive a scholarship for a subsequent academic year of undergraduate education under section 2(b)(2) if the student-- (1) maintains a high level of academic achievement, as determined in accordance with the regulations of the Secretary; (2) continues to major in, or provides a statement to the State as described in subsection (a)(5) of his or her continuing intent to major in, one of the physical, life, or computer sciences, mathematics, or engineering; and (3) continues to be enrolled at an institution of higher education as a full-time undergraduate student (as determined by the institution). (c) Waiver of Full-Time Attendance Requirement.--The Secretary may waive the full-time attendance requirements in this section in unusual circumstances. (d) Failure To Meet Eligibility Requirements.--In the event that the student fails to meet the requirements of this section, the student's eligibility to receive further scholarships (or scholarship proceeds) under this Act shall be suspended in accordance with the regulations of the Secretary. (e) Reinstatement of Eligibility.--The Secretary shall determine circumstances under which eligibility of a scholarship recipient under this Act may be reinstated if the recipient seeks to re-enter school after an interruption of schooling for personal reasons, including, but not limited to, pregnancy, child-rearing, and other family responsibilities. (f) Notification of Secondary Schools.--The Secretary shall notify all public and private secondary schools and all institutions of higher education in each State annually of the availability of scholarships under this Act. SEC. 5. SCHOLARSHIP AMOUNT. (a) Amount of Award.--Except as provided in subsections (b) and (c), the amount of a scholarship awarded under this Act for any academic year shall be $5,000. (b) Relation to Cost of Attendance.--Notwithstanding subsection (a), the amount of a scholarship awarded under this Act shall be reduced by the amount that the scholarship exceeds the student's cost of attendance, as defined in section 472 of the Higher Education Act of 1965. A scholarship awarded under this Act shall not be reduced on the basis of the student's receipt of other forms of Federal student financial assistance, but shall be taken into account in determining the eligibility of the student for those other forms of Federal student financial assistance. (c) Adjustments for Insufficient Appropriations.--In the event that funds available in a fiscal year are insufficient to fully fund all awards under this Act, the amount paid to each student shall be reduced proportionately. SEC. 6. SUMMER EMPLOYMENT OPPORTUNITIES FOR SCHOLARS. (a) Priority for Summer Employment.--To the extent that they are otherwise qualified, students receiving scholarships under this Act shall be given priority consideration for federally financed summer employment in federally funded research and development centers, that, to the maximum extent practicable, complements and reinforces the educational program of these students. (b) Federal Agency Cooperation.--Federal agencies shall cooperate fully with the Secretary and participate actively in providing appropriate summer employment opportunities for such students. SEC. 7. DEFINITIONS. As used in this Act-- (1) the term ``Director'' shall refer to the Director of the National Science Foundation; (2) the term ``elementary school'' has the same meaning given that term in section 14101(14) of the Elementary and Secondary Education Act of 1965; (3) the term ``institution of higher education'' has the same meaning given that term in section 1201(a) of the Higher Education Act of 1965; (4) the term ``minorities'' refers to members of those racial and ethnic groups underrepresented in mathematics, science and engineering, including American Indians, Black Americans, Hispanic Americans, Native Alaskans, or Native Pacific Islanders; (5) the term ``scholarship'' refers to a financial award made to a student which enables a student to pursue a desired course of study at an institution of higher education; (6) the term ``secondary school'' has the same meaning given that term in section 14101(25) of the Elementary and Secondary Education Act of 1965; and (7) the term ``Secretary'' refers to the Secretary of the Department of Education.", "summary": "Authorizes appropriations for FY 1997 and for each of the four succeeding fiscal years for awards to National Science Scholars. Authorizes the Secretary of Education to carry out a program of awarding scholarships to students for the study of the physical, life, or computer sciences, mathematics, or engineering. Deems students awarded such scholarships National Science Scholars. Sets forth the selection of scholars for initial awards and eligibility requirements for initial and continuation awards and directs the Secretary to notify all public and private secondary schools and all higher education institutions in each State annually of the availability of scholarships. Limits the amount of a scholarship awarded for any academic year to $5,000. Requires that students receiving scholarships shall be given priority consideration for federally financed summer employment in federally funded research and development centers that, to the maximum extent practicable, complements and reinforces the educational program of these students."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Caregiver Corps Act of 2014''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) As of 2013, more than 43,000,000 Americans are age 65 or older. More than 75 percent of such individuals live with chronic conditions which require assistance that helps them to live in a home- or community-based setting. In 2012, almost 38,000,000 Americans of all ages reported having one or more disabilities. (2) As of 2012, there were over 800,000 home health aides assisting older adults in their homes with activities of daily living and some light housekeeping tasks such as changing linens and preparing food. Direct care workers are critical as families and friends strive to provide quality care for individuals in the community. (3) Estimates suggest that there are 52,000,000 to 65,000,000 informal caregivers helping to provide care to adults with disabilities and illnesses. These caregivers help with a range of tasks but more time is spent on tasks such as shopping, food preparation, housekeeping, and laundry, and less time is spent on activities of daily living such as feeding, dressing, grooming, walking, bathing, and assistance toileting. (4) Over 60 percent of all informal caregivers work either full- or part-time. Even with the growing number of direct care workers available, there is a shortage in the number of people available to help support individuals who need extra assistance to remain in the community. (5) Only 12 percent of informal caregivers report having used a respite service. Respite is a means of giving the caregiver a break from their caregiving duties. Respite comes in many forms and may include having the individual attend an adult day program outside the home or having a friendly visitor serve as a companion and provide light assistance while the caregiver takes a break. (6) Respite volunteer programs exist in many communities. There is a range of ways that these programs offer incentives to the volunteers. Some programs use a time-banking or service- exchange approach as an incentive to engage volunteers, while other programs access funds from private and public sources to offer modest stipends to volunteers. (b) Purpose.--It is the purpose of this Act to establish a Caregiver Corps program to foster the creation of community-based Corps programs that provide for volunteer community service opportunities to address the shortage of assistance available for older adults and individuals with disabilities. SEC. 3. ESTABLISHMENT OF CAREGIVER CORPS PROGRAM. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-6. CAREGIVER CORPS. ``(a) Contract for Establishment of Caregiver Corps Program.-- ``(1) In general.--The Secretary shall enter into a contract with a nonprofit entity for the development of an online toolkit and guidance providing for the establishment and implementation of Caregiver Corps (referred to in this section as `Corps') volunteer programs in local communities. ``(2) Requirements.--The toolkit and guidance developed under paragraph (1) shall be based on best practice methods from existing private and public sector volunteer programs and include-- ``(A) guidance on the recruitment, screening, and training of Corps volunteers; ``(B) guidance on recommended processes for administering and evaluating the performance of local Corps programs; ``(C) guidance on options for securing start-up and operational funding for local Corps programs; ``(D) sources for obtaining ongoing technical assistance; and ``(E) guidance on how communities can promote larger community involvement and cultivate partnerships and connections between local Corps programs. ``(3) Grants.--The Secretary may award grants to public and private nonprofit entities for the operation of local Corps programs under subsection (b) in accordance with this section. ``(b) Requirements of Caregiver Corps Programs.-- ``(1) Local caregiver corps programs.-- ``(A) Eligibility.--To be eligible to be a local Corps program for purposes of this section, an entity shall be-- ``(i) an area agency on aging; ``(ii) a time-banking or volunteer organizing agency; ``(iii) a college or university; ``(iv) a State, county, or local government; or ``(v) any other entity determined to be appropriate by the Secretary. ``(B) Duties and activities.--A local Corps program shall-- ``(i) conduct screening and criminal history background checks of Corps volunteers; ``(ii) provide in-person orientation and training for Corps volunteers; ``(iii) develop and monitor volunteer assignments, which shall include selecting the adults to be served by Corps volunteers, matching volunteers to assignments, and supervising the volunteers; ``(iv) assist in the provision of appropriate volunteer recognition; ``(v) maintain records and prepare reports as required by the Secretary; and ``(vi) carry out any other activities determined appropriate by the Secretary. ``(2) Caregiver corps volunteers.-- ``(A) Eligibility.-- ``(i) In general.--To be eligible to serve as a volunteer for a local Corps program, an individual shall-- ``(I) be at least 18 years of age and willing to accept supervision as required by the local Corps program; ``(II) consent to a criminal background check; and ``(III) meet such other requirements as the local Corps program shall require. ``(ii) Limitation.--Eligibility to be a volunteer for a local Corps program shall not be restricted on the basis of education, employment experience, citizenship, race, color, creed, belief, gender, sexual orientation, national origin, disability, or political affiliation. ``(B) Terms of service.-- ``(i) In general.--An individual may serve as a full- or part-time volunteer for an initial period of not to exceed 2 years. ``(ii) Limitation.--An individual who serves as a volunteer for a local Corps program shall not be considered to be an employee of the local Corps program for purposes of the application of any Federal or State employment- related law. ``(C) Functions.-- ``(i) In general.--A Corps volunteer shall-- ``(I) provide assistance to an older individual or an individual with disabilities who needs additional services to remain in the community; ``(II) provide assistance to give an informal caregiver respite from his or her caregiving duties; ``(III) serve as a companion to older individuals and individuals with disabilities; ``(IV) provide assistance for which such volunteer is qualified, as determined by the local Corps program; and ``(V) not provide personal care or administer prescription medications. ``(ii) Individuals to be served.--To be eligible to obtain Corps volunteer services, an individual shall be an adult aged 65 or older, or an individual eligible for Social Security Disability Insurance, who is in need of assistance to achieve and maintain their highest level of independent living. ``(iii) Required service to individuals.-- The activities of a Corps volunteer shall involve person-to-person relationships with the individuals being served and shall not include the provision of any service to the local Corps program involved. ``(3) Direct benefits.--A local Corps program-- ``(A) shall provide for appropriate recognition of Corps volunteers; and ``(B) may, at the discretion of the local Corps program, provide compensation to a Corps volunteer, in the manner determined appropriate by the local Corps program, which may include stipends, tuition incentives or academic credit, or the banking of volunteer hours for use against future needs for assistance. ``(4) Reporting.--Not less than annually, a local Corps program shall submit to the Secretary a report that contains, with respect to the year for which the report is prepared-- ``(A) aggregate data on the number of Corps volunteers trained, the number of Corps volunteers providing service, the number of hours of service provided, and the number of individuals being served; and ``(B) data to inform the Secretary and local communities of any system and consumer outcome impacts of the local Corps program. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary.''.", "summary": "Caregiver Corps Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to contract with a nonprofit to develop an online toolkit and guidance providing for the establishment and implementation of Caregiver Corps volunteer programs in which volunteers provide assistance to individuals who are in need of assistance to remain in the community and are either aged 65 or older, or eligible for Social Security Disability Insurance. Requires Caregiver Corps volunteers to provide assistance by giving an informal caregiver respite from caregiving duties, serving as a companion, or providing other assistance for which the volunteer is qualified. Prohibits volunteers from providing personal care or administering prescription medications. Allows the Secretary to award grants for the operation of local Corps programs. Requires local Corps programs to screen, train, and supervise volunteers. Directs local Corps programs to appropriately recognize volunteers. Allows programs to provide compensation to volunteers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Randy Barrett Act''. SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES. (a) Disability Insurance Benefits.--Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended by adding at the end the following new paragraph: ``(3)(A) In the case of any individual who is terminally ill and is not entitled to disability insurance benefits under this section for any month solely by reason of the waiting period under clause (i) in the first sentence of paragraph (1), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of the first sentence of paragraph (1), such individual shall be entitled to disability insurance benefits for each month, beginning with the first month during all of which such individual is under a disability and in which such individual would become so entitled to such insurance benefits under such sentence but for such waiting period, and ending as provided in paragraph (1). ``(B) For purposes of subparagraph (A), an individual is considered to be `terminally ill' if the individual has a medical prognosis, certified by a physician, that the individual's life expectancy is 12 months or less.''. (b) Widow's Insurance Benefits Based on Disability.--Section 202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the end the following new subparagraph: ``(C)(i) In the case of any individual who is terminally ill and is not entitled to widow's insurance benefits under this section for any month solely by reason of the waiting period under paragraph (1)(F)(i), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of paragraph (1)(F), such individual shall be entitled to widow's insurance benefits for each month, beginning with the first month during all of which she is under a disability and in which she would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). ``(ii) For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis, certified by a physician, that the individual's life expectancy is 12 months or less.''. (c) Widower's Insurance Benefits Based on Disability.--Section 202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the end the following new subparagraph: ``(C)(i) In the case of any individual who is terminally ill and is not entitled to widower's insurance benefits under this section for any month solely by reason of the waiting period under paragraph (1)(F)(i), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of paragraph (1)(F), such individual shall be entitled to widower's insurance benefits for each month, beginning with the first month during all of which he is under a disability and in which he would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). ``(ii) For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis, certified by a physician, that the individual's life expectancy is 12 months or less.''. (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(2)(A)''; (2) by inserting ``(I)'' after ``but only if''; (3) by inserting ``(II)'' after ``duration or''; and (4) by adding at the end the following new clause: ``(ii) In any case in which an individual is terminally ill and a month is not included within a period of disability of such individual solely by reason of the 5-month duration requirement under clause (i)(I), the Commissioner of Social Security shall waive the application of such requirement, and, notwithstanding clause (i)(I), such month shall be included in a period of disability. For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis, certified by a physician, that the individual's life expectancy is 12 months or less.''. SEC. 3. EFFECTIVE DATES. The amendments made by subsection (a) of section 2 of this Act shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months beginning after the date of the enactment of this Act. The amendments made by subsections (b) and (c) of section 2 of this Act shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act for months after the date of the enactment of this Act. The amendments made by subsection (d) of section 2 of this Act shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act after the date of the enactment of this Act.", "summary": "Randy Barrett Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Commissioner of Social Security to waive the five-month waiting period for entitlement to benefits based on disability in the case of any individual who is terminally ill and is not entitled to disability insurance benefits under OASDI for any month solely by reason of such waiting period."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Update, Promote, and Develop America's Transportation Essentials Act of 2013''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) Since the passage of SAFETEA-LU, Congress has transferred over $50 billion from the General Fund to the Highway Trust Fund, in order to maintain solvency. (2) The Congressional Budget Office estimates after the end of Fiscal year 2014, annual General Fund transfers of approximately $15 billion will be necessary in order to maintain current Highway Trust Fund spending levels. (3) The Congressional Budget Office also estimates that in order to provide funding for surface transportation projects where the Federal benefit outweighs the cost, an additional $83 billion a year would need to be allocated to the Highway and Transit Trust Funds. (4) The American Society for Civil Engineers estimates that in order to meet our economic and transportation needs, the United States should invest at least an additional $500 billion in our surface transportation system by 2020. (5) The National Commission on Fiscal Reform and Responsibility report, often referred to as the ``Simpson- Bowles'' plan, includes a recommendation to raise the gas tax by fifteen cents. (6) The National Surface Transportation Infrastructure Financing Commission recommended, in their 2009 report, that Congress take action to prevent the Highway Trust Fund from becoming insolvent, and to avoid any reductions in infrastructure spending. The Commission also noted that a Federal funding system based on a vehicle miles traveled system, is the consensus choice for the future. (b) Sense of Congress Regarding Replacement of Gas Tax.--It is the sense of Congress that by 2024 the gas tax should be repealed and replaced with a more sustainable, stable funding source. SEC. 3. TAX ON MOTOR FUELS. (a) Gasoline Other Than Aviation Gasoline.--Section 4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended to read as follows: ``(i) in the case of gasoline other than aviation gasoline-- ``(I) for tax imposed before 2014, 18.3 cents per gallon, ``(II) for tax imposed during 2014, 26.3 cents per gallon, ``(III) for tax imposed during 2015, 30.3 cents per gallon, and ``(IV) for tax imposed after 2015 and before 2025, 33.3 cents per gallon,''. (b) Diesel Fuel or Kerosene.--Section 4081(a)(2)(A)(iii) of the Internal Revenue Code of 1986 is amended to read as follows: ``(iii) in the case of diesel fuel or kerosene-- ``(I) for tax imposed before 2014, 24.3 cents per gallon, ``(II) for tax imposed during 2014, 32.3 cents per gallon, ``(III) for tax imposed during 2015, 36.3 cents per gallon, and ``(IV) for tax imposed after 2015 and before 2025, 39.3 cents per gallon,''. (c) Increase for Inflation.--Paragraph (2) of section 4081(a) of such Code is amended by adding at the end the following: ``(E) Adjustment for inflation.--In the case of any calendar year beginning after 2016, the rates of tax contained in clauses (i)(IV) and (iii)(IV) of subparagraph (A) shall each be increased by an amount equal to-- ``(i) such rate, multiplied by ``(ii) the cost of living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. Any increase under the preceding sentence shall be rounded to the nearest 0.1 cents.''. (d) Diesel-Water Fuel Emulsion.--Section 4081(a)(2)(D) of the Internal Revenue Code of 1986 is amended by striking ``19.7 cents'' for ``24.3 cents'' and inserting ``a rate equal to 71 percent of the rate in effect under subparagraph (A) (without regard to this subparagraph)''. (e) Termination.--Section 4081(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2016'' and inserting ``December 31, 2024''. (f) Effective Date.--The amendments made by this section shall apply to fuels or liquids removed, entered, or sold after December 31, 2013. SEC. 4. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid under section 4041 or 4081 of the Internal Revenue Code of 1986 had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time of payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Taxable liquid.--The term ``taxable liquid'' means diesel fuel and kerosene (other than aviation-grade kerosene). (3) Floor stocks date.--The term ``floor stocks tax date'' means any January 1 of any calendar year beginning after the date of the enactment of this Act on which a rate of tax under section 4041 or 4081 of such Code increases pursuant to an amendment made by section 2. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (A) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this section-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where one or more of such persons is not a corporation. (g) Other Laws Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such chapter.", "summary": "Update, Promote, and Develop America's Transportation Essentials Act of 2013 - Expresses the sense of Congress that by 2024, the gas tax should be repealed and replaced with a more sustainable, stable funding source. Amends the Internal Revenue Code, with respect to the excise tax on motor fuels, to increase the rate of tax on: (1) gasoline other than aviation gasoline to 33.3 cents per gallon after 2015 and before 2025, (2) diesel fuel or kerosene to 39.3 cents per gallon after 2015 and before 2025, and (3) diesel-water fuel emulsion. Delays the termination of such increased rates from the end of FY2016 to December 31, 2024. Imposes a floor stocks tax on rate increases for gasoline, diesel fuel, and  kerosene (other than aviation-grade kerosene), subject to specified exemptions for exempt uses and low-volume producers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``DMZ War Veterans Recognition Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) the Korean War, which began in 1950 and ended when the Korean War Armistice was signed in 1953, is commonly known as the ``Forgotten War''; (2) a later war in Korea, known only to some veterans and their families as the ``Unknown War'' or the ``DMZ War'', occurred long after the Korean War Armistice was signed in 1953; (3) according to military documents, the leadership of North Korea issued a declaration of war against the United States in a speech in 1966, which read that ``U.S. imperialists should be dealt blows and their forces dispersed to the maximum in Asia. . . .''; (4) the 124th Special Forces unit of North Korea-- (A) was trained-- (i) to destroy the camps and civilians of the United States; (ii) to disrupt travel and communication between the Armed Forces; and (iii) to sabotage and assassinate the government officials of South Korea and the United States; and (B) repeatedly confronted the soldiers of the United States and the Republic of Korea when crossing through the Demilitarized Zone; (5) since the Armistice was signed, over 40,000 Armistice violations have occurred, many of which involved troops of the United States who were stationed in and around Korea; (6) some of those violations, like the capture of the USS Pueblo, caught the attention of the media, although most have not; (7) since the end of the Korean War, many soldiers of the United States have died or been wounded in Korea as a result of hostile fire; (8) some veterans of the Republic of Korea suffer from exposure to Agent Orange, which was used during a period that began in 1968 and ended in 1969 in and around the DMZ; (9) because the hazardous properties of Agent Orange last for at least 100 years, soldiers of the United States who later served in the Demilitarized Zone had been exposed to the chemical long after the Armed Forces stopped using it; (10) the military personnel of the United States who served in the Korean War during the period that began in 1966 and ended in 1969 received the Armed Forces Expeditionary Medal; and (11) a few of the soldiers who fought and died in the Korean War have been-- (A) nominated posthumously for the Congressional Medal of Honor; and (B) awarded-- (i) the Silver Star or Bronze Star for valor in combat; and (ii) the Purple Heart for being wounded in combat. SEC. 3. DEFINITIONS. (a) Plaque.--The term ``plaque'' means the plaque directed to be placed at the Korean War Veterans Memorial in Washington, D.C. under section 4(a). (b) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 4. PLACEMENT OF COMMEMORATIVE PLAQUE. Not later than November 11, 2009, the Secretary shall place on or near the grounds of the Korean War Veterans Memorial in Washington, D.C., a plaque to commemorate the sacrifices of those who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea, that contains the following inscription (in which the bracketed space shall include the date on which the plaque is placed): ``Dedicated to the soldiers of the United States and the Republic of Korea who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea. The efforts of those soldiers have enabled the Republic of Korea to develop into a successful and modern country. Since 1953, the Armed Forces of the United States experienced more than 40,000 `Armistice violation incidents.' Those incidents have caused the deaths of over 100 soldiers of the Armed Forces of the United States and the wounding of hundreds more from hostile fire in the Korean Peninsula and its surrounding waters. Unknown to most citizens, the soldiers of the United States and the Republic of Korea fought and won the `DMZ War' between November 1966 and December 1969. That war caused the majority of the Armistice casualties. We remember the service, sacrifice, and valor of all of those soldiers on this 40th anniversary of the start of the DMZ War. Their fellow soldiers and their families will never forget them. Let this Plaque aid their countries to remember them as well. Placed this day, [__________].''.", "summary": "DMZ War Veterans Recognition Act of 2006 - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to place on or near the grounds of the Korean War Veterans Memorial in Washington, D.C., a plaque to commemorate the sacrifices of those who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cigarette Fire Safety Act of 2004''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Cigarette ignited fires are the leading cause of fire deaths in the United States. (2) In 1999 there were 807 deaths from cigarette ignited fires, 2,193 civilian injuries from such fires, and $559,100,000 in property damage caused by such fires. (3) Nearly 100 children are killed each year from cigarette related fires. (4) For over 20 years former Member of Congress Joseph Moakley worked on behalf of burn victims, firefighters, and every individual who has lost a loved one in a fire. By securing enactment of the Cigarette Safety Act of 1984 and the Fire Safe Cigarette Act of 1990, Joseph Moakley completed the necessary technical work for a cigarette fire safety standard and paved the way for a national standard. (5) It is appropriate for the Congress to require by law the establishment of a cigarette fire safety standard for the manufacture and importation of cigarettes. (6) A recent study by the Consumer Product Safety Commission found that the cost of the loss of human life and personal property from not having a cigarette fire safety standard is $4,600,000,000 per year. (7) It is appropriate that the regulatory expertise of the Consumer Product Safety Commission be used to implement a cigarette fire safety standard. SEC. 3. CIGARETTE FIRE SAFETY STANDARD. (a) In General.-- (1) Requirement for standard.--Not later than 18 months after the date of the enactment of this Act, the Commission shall, by rule, prescribe one or more fire safety standards for cigarettes that, except as provided in this Act, are substantively the same as the standards set forth by the State of New York in Part 429 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York, as promulgated on December 31, 2003 (in this Act referred to as the ``New York standard''), including the Appendix to such Part. (2) Cigarettes with unique characteristics.--In adapting section 4(c) of such Part 429, if the Commission determines that a cigarette, because of its unique or nontraditional characteristics, cannot be tested in accordance with the test method prescribed by the Commission, the manufacturer of such cigarette may propose a test method and performance standard for such cigarette. If the Commission finds the proposed method and standard to be equivalent to the test method and performance standard otherwise established by the Commission, the Commission may approve the method and standard and the manufacturer of such cigarette may employ such test method and performance standard to certify the cigarette pursuant to rules prescribed by this Act. (3) Commission.--In this Act, the term ``Commission'' means the Consumer Product Safety Commission. (b) Procedure.-- (1) In general.--The rule under subsection (a), and any modification thereof, shall be prescribed in accordance with section 553 of title 5, United States Code. (2) Modifications.-- (A) Modification by sponsor.--If the sponsor of the testing methodology used under subsection (a)(2) modifies the testing methodology in any material respect, the sponsor shall notify the Commission of the modification, and the Commission may incorporate the modification in the rule prescribed under subsection (a) if the Commission determines that the modification will enhance a fire safety standard established under subsection (a)(2). (B) Modification by commission.--The Commission may modify the rule prescribed under subsection (a), including the test requirements specified in subsection (a)(2), in whole or in part, only if the Commission determines that compliance with such modification is technically feasible and will enhance a fire safety standard established under that subsection. Any such modification shall not take effect earlier than 3 years after the date on which the rule is first issued. (3) Inapplicability of certain laws.-- (A) In general.--No Federal law or Executive order, including the laws listed in subparagraph (B) but not including chapters 5, 6, 7, and 8 of title 5, United States Code, commonly referred to as the Administrative Procedures Act, may be construed to apply to the promulgation of the rule required by subsection (a), or a modification of the rule under paragraph (2) of this subsection. (B) Included laws.--The Federal laws referred to in subparagraph (A) include the following: (i) The Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (ii) Chapter 6 of title 5, United States Code. (iii) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (iv) The Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), and the amendments made by that Act. (c) Effective Date.--The Commission shall specify in the rule prescribed under subsection (a) the effective date of the rule. The effective date may not be later than 24 months after the date of the enactment of this Act. (d) Treatment of Standard.-- (1) In general.--The fire safety standard promulgated under subsection (a) shall be treated as a consumer product safety standard promulgated under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.), except as provided in section 4. (2) Treatment of cigarettes.--A cigarette shall be treated as a consumer product under section 3(a)(1)(B) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)(B)) for purposes of this Act and for purposes of sections 17 and 18 of the Consumer Product Safety Act (15 U.S.C. 2066, 2067). SEC. 4. PREEMPTION. (a) In General.--This Act, and any cigarette fire safety standard established or modified pursuant to section 3, may not be construed to preempt or otherwise affect in any way any law or regulation that prescribes a fire safety standard for cigarettes-- (1) set forth by the State of New York in the New York standard; or (2) promulgated by any State that is more stringent than the fire safety standard for cigarettes established under this section. (b) Private Remedies.--The provisions of section 25 of the Consumer Product Safety Act (15 U.S.C. 2074) shall apply with respect to the fire safety standard promulgated under section 3(a) of this Act. SEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT SAFETY COMMISSION. Except as otherwise provided in this Act, the Commission shall have no jurisdiction over tobacco or tobacco products. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Consumer Product Safety Commission for fiscal year 2005, $2,000,000 for purposes of carrying out this Act. (b) Availability.--Amounts appropriated pursuant to subsection (a) shall remain available until expended.", "summary": "Cigarette Fire Safety Act of 2004 - Requires the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes that, except as provided in this Act, are substantively the same as specified standards promulgated by the State of New York. Directs sponsors of testing methodologies employed under this Act to notify the Commission of any modifications in such methodologies. Authorizes the Commission to modify established fire safety standards to incorporate modifications that will enhance those standards. Requires fire safety standards promulgated under this Act to be treated as consumer product safety standards, and directs that cigarettes shall be treated as consumer products, under the Consumer Product Safety Act (CPSA). Precludes the preemption by this Act of the New York standard or more stringent fire safety standards for cigarettes promulgated by any State. Makes the CPSA's private remedy provisions applicable to fire safety standards promulgated under this Act. Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may cited as the ``District of Columbia Full Self- Government Act''. TITLE I--STATUS OF THE DISTRICT OF COLUMBIA SEC. 101. STATUS OF THE DISTRICT. (a) In General.--All of the territory constituting the permanent seat of the Government of the United States shall continue to be designated as the District of Columbia. The District of Columbia shall remain and continue a body corporate, as provided in section 2 of the Revised Statutes relating to the District (sec. 1-102, D.C. Official Code). (b) No Effect on Existing Laws.--No law or regulation which is in force on the effective date of this Act shall be deemed amended or repealed by this Act except to the extent specifically provided herein or to the extent that such law or regulation is inconsistent with this Act, but any such law or regulation may be amended or repealed by act or resolution as authorized in this Act, or by Act of Congress. (c) No Effect on Boundary Line.--Nothing contained in this section shall affect the boundary line between the District of Columbia and the Commonwealth of Virginia as the same was established or may be subsequently established under the provisions of title I of the Act of October 31, 1945 (59 Stat. 552). SEC. 102. LEGISLATIVE POWER OF DISTRICT OF COLUMBIA. Except as provided in section 202, the legislative power of the District of Columbia shall extend to all rightful subjects of legislation within the District consistent with the Constitution of the United States and the provisions of this Act subject to all the restrictions and limitations imposed upon the States by the tenth section of the first article of the Constitution of the United States. TITLE II--LEGISLATIVE BRANCH SEC. 201. ESTABLISHMENT OF THE COUNCIL. (a) Establishment.--There is established a Council of the District of Columbia (hereafter in this Act referred to as the ``Council''), and the members of the Council shall be elected by the registered qualified electors of the District. (b) Powers, Organization, and Procedure.--The powers, organization, and procedure of the Council shall be set forth under such laws as may be enacted by the District of Columbia consistent with the provisions of this Act. SEC. 202. LIMITATIONS ON AUTHORITY. The Council shall have no authority to pass any act contrary to the provisions of this Act except as specifically provided in this Act, or to-- (1) impose any tax on property of the United States or any of the several States; (2) lend the public credit for support of any private undertaking; (3) enact any act, or enact any act to amend or repeal any Act of Congress, which concerns the functions or property of the United States or which is not restricted in its application exclusively in or to the District of Columbia; (4) enact any act, resolution, or rule with respect to any provision of title 11 of the District of Columbia Official Code (relating to organization and jurisdiction of the District of Columbia courts); (5) impose any tax on the whole or any portion of the personal income, either directly or at the source thereof, of any individual not a resident of the District (the terms ``individual'' and ``resident'' in this paragraph to have the meaning given such terms in section 47-1801.04, D.C. Official Code); (6) enact any act, resolution, or rule which permits the building of any structure within the District of Columbia in excess of the height limitations contained in section 5 of the Act of June 1, 1910 (sec. 5-405, D.C. Official Code), and in effect on the effective date of this Act; (7) enact any act, resolution, or regulation with respect to the Commission of Mental Health; (8) enact any act or regulation relating to the United States District Court for the District of Columbia or any other court of the United States in the District other than the District courts, or relating to the duties or powers of the United States attorney or the United States Marshal for the District of Columbia; or (9) enact any act, resolution, or rule with respect to the District of Columbia Financial Responsibility and Management Assistance Authority established under section 101(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995. TITLE III--EXECUTIVE BRANCH SEC. 301. OFFICE OF THE MAYOR. (a) Establishment.--There is established the Office of the Mayor of the District of Columbia, and the Mayor shall be elected by the registered qualified electors of the District. (b) Powers and Duties.--The powers and duties of the Mayor of the District of Columbia, and the organization of the Office of the Mayor of the District of Columbia, shall be set forth under such laws as may be enacted by the District of Columbia consistent with the provisions of this Act. SEC. 302. TREATMENT OF EMPLOYEES FORMERLY COVERED BY FEDERAL CIVIL SERVICE SYSTEM. In the case of persons employed by the District government immediately preceding the effective date of the personnel system established by the District government pursuant to section 422(3) of the District of Columbia Home Rule Act, the personnel system of the District government may provide for continued participation in all or part of the Federal Civil Service System and shall provide for benefits, including but not limited to pay, tenure, leave, residence, retirement, health and life insurance, and employee disability and death benefits, all at least equal to those provided by legislation enacted by Congress, or regulation adopted pursuant thereto, and applicable to such officers and employees immediately prior to such date, except that nothing in this Act shall prohibit the District from separating an officer or employee subject to such system in the implementation of a financial plan and budget for the District government approved under subtitle A of title II of the District of Columbia Financial Responsibility and Management Assistance Act of 1995. SEC. 303. RESTRICTIONS ON CERTAIN MUNICIPAL PLANNING ACTIVITIES. The Mayor's planning responsibility shall not extend to Federal and international projects and developments in the District, as determined by the National Capital Planning Commission, or to the United States Capitol buildings and grounds as defined in chapter 51 of title 40, United States Code, or to any extension thereof or addition thereto, or to buildings and grounds under the care of the Architect of the Capitol. SEC. 304. EMERGENCY CONTROL OF METROPOLITAN POLICE DEPARTMENT. (a) Authority of President To Exercise Control in Emergencies.-- (1) Authority.--Notwithstanding any other provision of law, whenever the President of the United States determines that special conditions of an emergency nature exist which require the use of the Metropolitan Police force for Federal purposes, he may direct the Mayor to provide him, and the Mayor shall provide, such services of the Metropolitan Police force as the President may deem necessary and appropriate. (2) Limitation of duration of authority.--In no case shall services made available pursuant to any direction of the President under this subsection extend-- (A) for a period in excess of 48 hours unless the President has, prior to the expiration of such period, notified the chairman and ranking minority member of the Committee on Oversight and Government Reform of the House of Representatives and the chairman and ranking minority member of the Committee on Homeland Security and Governmental Affairs of the Senate, in writing, as to the reason for such direction and the period of time during which the need for such services is likely to continue; or (B) for any period in excess of 30 days, unless the Senate and the House of Representatives enact into law a joint resolution authorizing such an extension. (b) Termination.-- (1) In general.--Subject to paragraph (2), the services made available in accordance with subsection (a) shall terminate upon the end of such emergency, the expiration of a period of 30 days following the date on which such services are first made available, or the enactment into law of a joint resolution by the Congress providing for such termination, whichever first occurs. (2) Special rule in case of adjournment of congress sine die.--Notwithstanding paragraph (1), in any case in which services are made available in accordance with subsection (a) during any period of an adjournment of the Congress sine die, such services shall terminate upon the end of the emergency, the expiration of the 30-day period following the date on which Congress first convenes following such adjournment, or the enactment into law of a joint resolution by the Congress providing for such termination, whichever first occurs. TITLE IV--JUDICIAL BRANCH SEC. 401. JUDICIAL BRANCH. The judicial powers of the District of Columbia, and the provisions of the charter of the District of Columbia government which are applicable to the judges and courts of the District of Columbia, shall be those set forth in part C of title IV of the District of Columbia Home Rule Act (sec. 1-204.31 et seq., D.C. Official Code), as in effect on the effective date of this Act. TITLE V--BUDGET AND FINANCIAL MANAGEMENT SEC. 501. APPLICATION OF LAWS ESTABLISHED BY DISTRICT OF COLUMBIA. (a) Budget and Financial Management.--Subject to this Act, the process by which the District of Columbia develops and enacts the budget for the District government for a fiscal year, and the activities carried out with respect to the financial management of the District government for a fiscal year, shall be established under such laws as may be enacted by the District. (b) Borrowing.--Subject to this Act, the process and rules by which the District of Columbia issues bonds or otherwise borrows money shall be established under such laws as may be enacted by the District. SEC. 502. FULL FAITH AND CREDIT OF UNITED STATES NOT PLEDGED. The full faith and credit of the United States is not pledged for the payment of any principal of or interest on any bond, note, or other obligation issued by the District of Columbia, and the United States is not responsible or liable for the payment of any principal of or interest on any bond, note, or other obligation issued by the District. SEC. 503. FEDERAL TAX EXEMPTION. Bonds and notes issued by the District of Columbia and the interest thereon shall be exempt from all Federal taxation except estate, inheritance, and gift taxes. SEC. 504. LEGAL INVESTMENT IN BONDS AND NOTES ISSUED BY DISTRICT OF COLUMBIA. Notwithstanding any restriction on the investment of funds by fiduciaries contained in any other law, all domestic insurance companies, domestic insurance associations, executors, administrators, guardians, trustees, and other fiduciaries within the District of Columbia may legally invest any sinking funds, moneys, trust funds, or other funds belonging to them or under or within their control in any bonds issued by the District of Columbia. National banking associations are authorized to deal in, underwrite, purchase and sell, for their own accounts or for the accounts of customers, bonds and notes issued by the District to the same extent as national banking associations are authorized by paragraph seven of section 5136 of the Revised Statutes (12 U.S.C. 24), to deal in, underwrite, purchase and sell obligations of the United States, States, or political subdivision thereof. All Federal building and loan associations and Federal savings and loan associations, and banks, trust companies, building and loan associations, and savings and loan associations, domiciled in the District may purchase, sell, underwrite, and deal in, for their own account or for the account of others, all bonds or notes issued by the District of Columbia. Nothing contained in this section shall be construed as relieving any person, firm, association, or corporation from any duty of exercising due and reasonable care in selecting securities for purchase or investment. TITLE VI--RETENTION OF FEDERAL AUTHORITIES SEC. 601. RETENTION OF CONGRESSIONAL AUTHORITY. Notwithstanding any other provision of this Act, Congress reserves the right, at any time, to exercise its constitutional authority as legislature for the District of Columbia, by enacting legislation for the District on any subject, whether within or without the scope of legislative power granted to the Council by this Act, including legislation to amend or repeal any law in force in the District prior to or after the effective date of this Act and any act passed by the Council. SEC. 602. LIMITATION ON AUTHORITY OF DISTRICT OVER CERTAIN AGENCIES. Nothing in this Act shall be construed as vesting in the District of Columbia government any greater authority over the National Zoological Park, the National Guard of the District of Columbia, the Washington Aqueduct, the National Capital Planning Commission, or over any Federal agency, than was vested in the Commissioner of the District of Columbia established under Reorganization Plan Numbered 3 of 1967 prior to January 2, 1975. TITLE VII--TERMINATION OF EXISTING CHARTER; TRANSITION SEC. 701. TERMINATION OF EXISTING CHARTER. (a) In General.--Except as provided in section 401 and subsection (b), the District of Columbia Home Rule Act (sec. 1-201.01 et seq., D.C. Official Code) is repealed. (b) No Effect on Amendatory Provisions.--Nothing in subsection (a) shall be construed to affect any provision of law which is amended or repealed by the District of Columbia Home Rule Act. SEC. 702. NO EFFECT ON EXISTING OBLIGATIONS. (a) Budgets.--Nothing in this Act or in the amendment made by section 701 may be construed to relieve the District of Columbia of any contractual or other financial obligations incurred by the District under a budget enacted for a fiscal year prior to the effective date of this Act. (b) Borrowing.--Nothing in this Act or in the amendment made by section 701 may be construed-- (1) to relieve the District of Columbia of any obligation incurred with respect to bonds or other forms of borrowing issued prior to the effective date of this Act; or (2) to waive the application to the District of Columbia of any other Federal law governing the borrowing of funds by States or units of local government, including the Internal Revenue Code of 1986. SEC. 703. NO EFFECT ON INDIVIDUALS HOLDING POSITIONS WITHIN DISTRICT GOVERNMENT. Nothing in this Act or in the amendment made by section 701 may be construed to affect the status of any individual who holds elective or appointed office in, or is an officer or employee of, the government of the District of Columbia as of the effective date of this Act. SEC. 704. NO EFFECT ON PENDING ACTIONS OR PROCEEDINGS. No suit, action, or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity or in relation to the exercise of his or its official functions, and no administrative action or proceeding lawfully commenced, shall abate by reason of this Act or the amendment made by section 701. TITLE VIII--EFFECTIVE DATE SEC. 801. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the effective date of legislation enacted by the District of Columbia after the date of the enactment of this Act which establishes-- (1) the powers, organization, and procedure of the Council of the District of Columbia; and (2) the powers and duties of the Mayor of the District of Columbia, and the organization of the Office of the Mayor of the District of Columbia.", "summary": "District of Columbia Full Self-Government Act - Declares that: (1) this Act shall have no effect on existing law or regulation unless otherwise repealed or amended by this Act or an Act of Congress; and (2) the legislative power of the District shall extend to all rightful subjects of legislation within the District consistent with the U.S. Constitution and the provisions of this Act, subject to all the restrictions and limitations imposed upon the states by the Constitution. Establishes a Council of the District of Columbia and the Office of the Mayor. Prescribes requirements for treatment of District employees formerly covered by the Federal Civil Service System. Prohibits the Mayor's planning responsibility from extending to federal and District international projects and developments. Prescribes requirements granting the President emergency control of the Metropolitan Police Department. Declares that the District's judicial powers and the provisions of the District charter applicable to District judges and courts shall be those set forth in the District of Columbia Home Rule Act as in effect on the enactment of this Act. Subjects the process by which the District develops and enacts its fiscal year budget and related financial management activities to such laws as the District may enact. Declares that the full faith and credit of the United States is not pledged for any District obligations, nor is the United States responsible or liable for them. Exempts all District bonds and notes (and interest) from federal taxation, except estate, inheritance, and gift taxes. Authorizes certain entities to invest in District bonds and notes. Reserves Congress the right to exercise constitutional authority as legislature for the District. Repeals the District of Columbia Home Rule Act (establishing the existing District charter), but not any provision of law amended or repealed by such Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrographic Services Improvement Act Amendments of 2008''. SEC. 2. DEFINITIONS. Section 302 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892) is amended-- (1) by amending paragraph (3) to read as follows: ``(3) Hydrographic data.--The term `hydrographic data' means information that-- ``(A) is acquired through-- ``(i) hydrographic, bathymetric, photogrammetric, lidar, radar, remote sensing, or shoreline and other ocean- and coastal- related surveying; ``(ii) geodetic, geospatial, or geomagnetic measurements; ``(iii) tide, water level, and current observations; or ``(iv) other methods; and ``(B) is used in providing hydrographic services.''; (2) by amending paragraph (4)(A) to read as follows: ``(A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, shoreline, geodetic, geospatial, geomagnetic, and tide, water level, and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data;''; and (3) by striking paragraph (5). SEC. 3. FUNCTIONS OF THE ADMINISTRATOR. Section 303 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892a) is amended-- (1) in subsection (a)-- (A) by striking ``the Act of 1947,'' and inserting ``the Coast and Geodetic Survey Act (33 U.S.C. 883a et seq.)''; and (B) in paragraph (1) by striking ``data;'' and inserting ``data and provide hydrographic services;''; (2) in subsection (b)-- (A) by striking ``the Act of 1947,'' and inserting ``the Coast and Geodetic Survey Act (33 U.S.C. 883a et seq.)''; (B) in paragraph (3) by striking ``title IX of the Federal Property and Administrative Services Act of 1949; and'' and inserting ``subchapter VI of chapter 10 of title 40, United States Code;''; (C) in paragraph (4) by striking the period and inserting ``; and''; and (D) by adding at the end the following: ``(5) may create, support, and maintain a Joint Hydrographic Institute.''; and (3) by striking subsection (c) and inserting the following: ``(c) Acquisition of Hydrographic Data and Provide Hydrographic Services.--To the extent that it does not detract from the promotion of safe and efficient navigation, the Administrator may acquire hydrographic data and provide hydrographic services to-- ``(1) support the conservation and management of coastal and ocean resources; ``(2) save and protect life and property; ``(3) support the resumption of commerce in response to emergencies, natural disasters, and man-made disasters; and ``(4) meet homeland security and maritime domain awareness needs, including carrying out mission assignments (as that term is defined in section 641 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741).''. SEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL. Section 305 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892c) is amended-- (1) in subsection (c)(1)(A) by striking ``Director'' and inserting ``Co-directors''; (2) in subsections (c)(1)(C), (c)(3), and (e) by striking ``Secretary'' each place it appears and inserting ``Administrator''; and (3) by amending subsection (d) to read as follows: ``(d) Compensation.--Voting members of the panel shall be reimbursed for actual and reasonable expenses, including travel and per diem, incurred in the performance of duties for the panel.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d) is amended to read as follows: ``SEC. 306. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Administrator the following: ``(1) To carry out nautical mapping and charting functions under sections 303 and 304, except for conducting hydrographic surveys-- ``(A) $55,000,000 for fiscal year 2009; ``(B) $56,000,000 for fiscal year 2010; ``(C) $57,000,000 for fiscal year 2011; and ``(D) $58,000,000 for fiscal year 2012. ``(2) To contract for hydrographic surveys under section 303(b)(1), including the leasing or time chartering of vessels-- ``(A) $32,130,000 for fiscal year 2009; ``(B) $32,760,000 for fiscal year 2010; ``(C) $33,390,000 for fiscal year 2011; and ``(D) $34,020,000 for fiscal year 2012. ``(3) To operate hydrographic survey vessels owned by the United States and operated by the Administration-- ``(A) $25,900,000 for fiscal year 2009; ``(B) $26,400,000 for fiscal year 2010; ``(C) $26,900,000 for fiscal year 2011; and ``(D) $27,400,000 for fiscal year 2012. ``(4) To carry out geodetic functions under this title-- ``(A) $32,640,000 for fiscal year 2009; ``(B) $32,280,000 for fiscal year 2010; ``(C) $33,920,000 for fiscal year 2011; and ``(D) $34,560,000 for fiscal year 2012. ``(5) To carry out tide and current measurement functions under this title-- ``(A) $27,000,000 for fiscal year 2009; ``(B) $27,500,000 for fiscal year 2010; ``(C) $28,000,000 for fiscal year 2011; and ``(D) $28,500,000 for fiscal year 2012. ``(6) To acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days $75,000,000.''. SEC. 6. ADDITION OF SHORT TITLE TO EXISTING LAW. The Act of August 6, 1947 (chapter 504; 33 U.S.C. 883a et seq.) is amended by adding at the end the following: ``SEC. 11. SHORT TITLE. ``This Act may be cited as the `Coast and Geodetic Survey Act'.''. Passed the House of Representatives March 31, 2008. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Hydrographic Services Improvement Act Amendments of 2008 - Amends the Hydrographic Services Improvement Act of 1998 to revise the definition of \"hydrographic data\" to include information acquired through lidar, radar, remote sensing, shoreline and other ocean- and coastal-related surveying, and water level observations. Revises the definition of \"hydrographic services\" to include shoreline and water level information. Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to provide hydrographic services. Modifies requirements regarding the awarding of contracts for the acquisition of hydrographic data. Authorizes the Administrator to create and maintain a Joint Hydrographic Institute. Authorizes the Administrator to acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources, save and protect life and property, support commerce resumption after emergencies and disasters, and meet homeland security and maritime domain awareness needs, including carrying out mission assignments. (Current law only authorizes the Administrator to use hydrographic data and services to support the conservation and management of coastal and ocean resources.) Modifies membership and compensation provisions regarding the Hydrographic Services Review Panel. Authorizes appropriations to carry out nautical mapping and charting, contract for hydrographic surveys, operate hydrographic survey vessels, carry out geodetic functions, carry out tide and current measurement, and acquire a replacement hydrographic survey vessel. Amends the Act of August 6, 1947, to give it the name \"Coast and Geodetic Survey Act.\""}
{"article": "TITLE I--EXCLUSION OF NONNATIVE SPECIES FROM MIGRATORY BIRD TREATY ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Migratory Bird Treaty Reform Act of 2004''. SEC. 102. EXCLUSION OF NON-NATIVE SPECIES FROM APPLICATION OF CERTAIN PROHIBITIONS UNDER MIGRATORY BIRD TREATY ACT. Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended-- (1) in the first sentence by striking ``That unless and except as permitted'' and inserting the following: ``(a) In General.--Unless and except as permitted''; and (2) by adding at the end the following: ``(b) Limitation on Application to Introduced Species.-- ``(1) In general.--This section applies only to migratory bird species that are native to the United States and whose occurrence in the United States is entirely the result of natural biological or ecological conditions. ``(2) Treatment of introduced species.--For purposes of paragraph (1)-- ``(A) a bird species shall not be treated as native to the United States if it occurs in the United States solely as a result of intentional or unintentional human-assisted introduction; and ``(B) a migratory bird species shall be treated as native to the United States if-- ``(i) it was native to the United States and extant in 1918; ``(ii) it was extirpated after 1918 throughout its range in the United States; and ``(iii) after such extirpation, it was reintroduced in the United States as a part of a program carried out by a Federal agency.''. SEC. 103. PUBLICATION OF LIST. The Secretary of the Interior shall publish in the Federal Register within 3 months after the date of enactment of this Act a list of all non-native, human introduced bird species to which the Migratory Bird Treaty Act does not apply that belong to biological families of migratory birds covered under any of the migratory bird conventions with Great Britain (for Canada), Mexico, Russia, or Japan. The Secretary shall provide adequate time for public comment. Nothing in this section concerning the publication of the list shall delay implementation of other provisions of this Act that exclude non-native, human introduced bird species from the application of the Migratory Bird Treaty Act. TITLE II--CONSERVATION OF NEOTROPICAL MIGRATORY BIRDS SEC. 201. SHORT TITLE. This title may be cited as the ``Neotropical Migratory Bird Conservation Improvement Act of 2004''. SEC. 202. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT. (a) Findings.--Section 2(1) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``but breed in Canada and the United States'' after ``the Caribbean''. (b) Purposes.--Section 3(2) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6102(2)) is amended by inserting ``Canada,'' after ``United States,''. (c) Definition of Caribbean.--Section 4 of the Neotropical Migratory Bird Conservation Act is amended by redesignating paragraphs (2) and (3) in order or paragraphs (3) and (4), and by inserting paragraph (1) the following: ``(2) Caribbean.--The term `Caribbean' includes Puerto Rico and the United States Virgin Islands.''. (d) Cost Sharing.--Section 5(e) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6104(e)) is amended-- (1) in paragraph (1) by striking ``25 percent'' and inserting ``50 percent''; and (2) in paragraph (2) by amending subparagraph (B) to read as follows: ``(B) Form of payment.-- ``(i) Projects in the united states and canada.--The non-Federal share required to be paid for a project carried out in the United States or Canada shall be paid in cash. ``(ii) Projects in latin america and the caribbean.--The non-Federal share required to be paid for a project carried out in Latin America or the Caribbean may be paid in cash or in kind.''. (e) Report.--Section 8 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6107) is amended-- (1) by striking ``October 1, 2002,'' and inserting ``12 months after the date of the enactment of the Neotropical Migratory Bird Conservation Improvement Act of 2004,''; and (2) by inserting before the period the following: ``, and a description of the activities of the advisory committee convened under section 7(b)''. (f) Neotropical Migratory Bird Conservation Fund.-- (1) In general.-- Section 9 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6108) is amended by striking so much as precedes subsection (c) and inserting the following: ``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND. ``(a) Establishment.--There is established in the Treasury a separate account, which shall be known as the `Neotropical Migratory Bird Conservation Fund'. The Fund shall consist of amounts deposited into the Fund by the Secretary of the Treasury under subsection (b). ``(b) Deposits Into the Fund.--The Secretary of the Treasury shall deposit into the Fund-- ``(1) all amounts received by the Secretary in the form of donations under subsection (d); and ``(2) other amounts appropriated to the Fund.''. (2) Administrative expenses.--Section 9(c)(2) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6108(c)(2)) is amended by striking ``$80,000'' and inserting ``$150,000''. (3) Conforming amendments.--The Neotropical Migratory Bird Conservation Act is amended as follows: (A) In section 4 (16 U.S.C. 6103), by striking paragraph (1) and inserting the following: ``(1) Fund.--The term `Fund' means the Neotropical Migratory Bird Conservation Fund established by section 9(a).''. (B) In section 9(d) (16 U.S.C. 6108(d)), by striking ``Account'' and inserting ``Fund''. (4) Transfer.--The Secretary of the Treasury may transfer to the Neotropical Migratory Bird Conservation Fund amounts that were in the Neotropical Migratory Bird Conservation Account immediately before the enactment of this Act. (g) Authorization of Appropriations.--Section 10 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6109) is amended to read as follows: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to the Fund to carry out this Act the following amounts: ``(1) $5,000,000 for fiscal year 2005. ``(2) $5,000,000 for fiscal year 2006. ``(3) $10,000,000 for fiscal year 2007. ``(4) $15,000,000 for fiscal year 2008. ``(b) Availability.--Amounts appropriated under this section may remain available until expended. ``(c) Allocation.--Of amounts appropriated under this section for each fiscal year, not less than 75 percent shall be expended for projects carried out outside the United States. ``(d) Limitation on Expenditures for Projects in Canada.--Amounts appropriated under this section for a fiscal year may not be used for any project in Canada unless the amount available to carry out this Act for that fiscal year is greater than $10,000,000.''.", "summary": "Title I: Exclusion of Nonnative Species from Migratory Bird Treaty Act - Migratory Bird Treaty Reform Act of 2004 - (Sec. 102) Amends the Migratory Bird Treaty Act (MBTA) to clarify that the MBTA's prohibition on taking, killing, or possessing migratory birds applies only to native migratory bird species whose occurrence in the United States results from natural biological or ecological conditions. Excludes from coverage under the MBTA bird species occurring as the result of human assisted introduction unless the species: (1) was native to the United States and extant in 1918; (2) became extinct throughout its range thereafter; and (3) was reintroduced as part of a Federal program. (Sec. 103) Requires the Secretary of the Interior (the Secretary) to publish a list of all non-native, human introduced bird species to which the MBTA does not apply that belong to biological families of migratory birds covered under any migratory bird conventions with Great Britain (for Canada), Mexico, Russia, or Japan. Title II: Conservation of Neotropical Migratory Birds - Neotropical Migratory Bird Conservation Improvement Act of 2004 - (Sec. 202) Amends the Neotropical Migratory Bird Conservation Act (NMBCA) to increase the Federal share of costs for projects funded under that Act. Prescribes the form of payment for such projects undertaken in the United States and Canada versus Latin America and the Caribbean. Establishes the Neotropical Migratory Bird Conservation Fund. Increases the amount of funds that the Secretary may expend to administer the NMBCA. Authorizes the Secretary of the Treasury to transfer to the Fund amounts that were in the Neotropical Migratory Bird Conservation Account immediately before the enactment of this Act. Authorizes appropriations. Requires not less than 75 percent of such appropriations to be used for projects outside the United States. Prohibits expenditures for projects in Canada during a fiscal year unless the amount available to carry out NMBCA exceeds $10 million for that year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Commission Amendments Act of 1994''. SEC. 2. AMENDMENT OF 1983 ACT. That the portion of the United States Commission on Civil Rights Act of 1983 which follows the enacting clause is amended to read as follows: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Civil Rights Commission Act of 1983'. ``SEC. 2. ESTABLISHMENT OF COMMISSION. ``(a) Generally.--There is established the United States Commission on Civil Rights (hereinafter in this Act referred to as the `Commission'). ``(b) Membership.--The Commission shall be composed of 8 members. Not more than 4 of the members shall at any one time be of the same political party. The initial membership of the Commission shall be the members of the United States Commission on Civil Rights on September 30, 1994. Thereafter vacancies in the membership of the Commission shall continue to be appointed as follows: ``(1) 4 members of the Commission shall be appointed by the President. ``(2) 2 members of the Commission shall be appointed by the President pro tempore of the Senate, upon the recommendations of the majority leader and the minority leader, and of the members appointed not more than one shall be appointed from the same political party. ``(3) 2 members of the Commission shall be appointed by the Speaker of the House of Representatives upon the recommendations of the majority leader and the minority leader, and of the members appointed not more than one shall be appointed from the same political party. ``(c) Terms.--The term of office of each member of the Commission shall be 6 years. The term of each member of the Commission in the initial membership of the Commission shall expire on the date such term would have expired as of September 30, 1994. ``(d) Chairperson.--(1) Except as provided in paragraphs (2) and (3), the individuals serving as Chairperson and Vice Chairperson of the United States Commission on Civil Rights on September 30, 1994 shall initially fill those roles on the Commission. ``(2) Thereafter the President may, with the concurrence of a majority of the Commission's members, designate a Chairperson or Vice Chairperson, as the case may be, from among the Commission's members. ``(3) The President shall, with the concurrence of a majority of the Commission's members, fill a vacancy by designating a Chairperson or Vice Chairperson, as the case may be, from among the Commission's members. ``(4) The Vice Chairperson shall act in place of the Chairperson in the absence of the Chairperson. ``(e) Removal of Members.--The President may remove a member of the Commission only for neglect of duty or malfeasance in office. ``(f) Quorum.--5 members of the Commission constitute a quorum of the Commission. ``SEC. 3. DUTIES OF THE COMMISSION. ``(a) Generally.--The Commission-- ``(1) shall investigate allegations in writing under oath or affirmation relating to deprivations-- ``(A) because of color, race, religion, sex, age, disability, or national origin; or ``(B) as a result of any pattern or practice of fraud; of the right of citizens of the United States to vote and have votes counted; and ``(2) shall-- ``(A) study and collect information relating to; ``(B) make appraisals of the laws and policies of the Federal Government with respect to; ``(C) serve as a national clearinghouse for information relating to; and ``(D) prepare public service announcements and advertising campaigns to discourage; discrimination or denials of equal protection of the laws under the Constitution of the United States because of color, race, religion, sex, age, disability, or national origin, or in the administration of justice. ``(b) Limitations on Investigatory Duties.--Nothing in this or any other Act shall be construed as authorizing the Commission, its advisory committees, or any person under its supervision or control, to inquire into or investigate any membership practices or internal operations of any fraternal organization, any college or university fraternity or sorority, any private club, or any religious organization. ``(c) Reports.-- ``(1) Annual report.--The Commission shall submit to the President and Congress at least one report annually that monitors Federal civil rights enforcement efforts in the United States. ``(2) Other reports generally.--The Commission shall submit such other reports to the President and the Congress as the Commission, the Congress, or the President shall deem appropriate. ``(d) Advisory Committees.--The Commission may constitute such advisory committees as it deems advisable. The Commission shall establish at least one such committee in each State and the District of Columbia composed of citizens of that State or District. ``(e) Hearings and Ancillary Matters.-- ``(1) Power to hold hearings.--The Commission, or on the authorization of the Commission, any subcommittee of two or more members of the Commission, at least one of whom shall be of each major political party, may, for the purpose of carrying out this Act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee deems advisable. Each member of the Commission shall have the power to administer oaths and affirmations in connection with the proceedings of the Commission. The holding of a hearing by the Commission or the appointment of a subcommittee to hold a hearing pursuant to this paragraph must be approved by a majority of the Commission, or by a majority of the members present at a meeting when a quorum is present. ``(2) Power to issue subpoenas.--The Commission may issue subpoenas for the attendance of witnesses and the production of written or other matter. Such a subpoena may not require the presence of a witness more than 100 miles outside the place wherein the witness is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process. In case of contumacy or refusal to obey a subpoena, the Attorney General may in a Federal court of appropriate jurisdiction obtain an appropriate order to enforce the subpoena. ``(3) Witness fees.--A witness attending any proceeding of the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. ``(4) Depositions and interrogatories.--The Commission may use depositions and written interrogatories to obtain information and testimony about matters that are the subject of a Commission hearing or report. ``(f) Limitation Relating to Abortion.--Nothing in this or any other Act shall be construed as authorizing the Commission, its advisory committees, or any other person under its supervision or control to study and collect, make appraisals of, or serve as a clearinghouse for any information about laws and policies of the Federal Government or any other governmental authority in the United States, with respect to abortion. ``SEC. 4. ADMINISTRATIVE PROVISIONS. ``(a) Staff.-- ``(1) Director.--There shall be a full-time staff director for the Commission who shall-- ``(A) serve as the administrative head of the Commission; and ``(B) be appointed by the President with the concurrence of a majority of the Commission. ``(2) Other personnel.--Within the limitation of its appropriations, the Commission may-- ``(A) appoint such other personnel as it deems advisable, under the civil service and classification laws; and ``(B) procure services, as authorized in section 3109 of title 5, United States Code, but at rates for individuals not in excess of the daily equivalent paid for positions at the maximum rate for GS-15 of the General Schedule under section 5332 of title 5, United States Code. ``(b) Compensation of Members.-- ``(1) Generally.--Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive a sum equivalent to the compensation paid at level IV of the Executive Schedule under section 5315 of title 5, United States Code, prorated on an daily basis for time spent in the work of the Commission. ``(2) Persons otherwise in government service.--Each member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses and per diem in lieu of subsistence expenses when away from such member's usual place of residence, under subchapter I of chapter 57 of title 5, United States Code. ``(c) Voluntary or Uncompensated Personnel.--The Commission shall not accept or use the services of voluntary or uncompensated persons. This limitation shall apply with respect to services of members of the Commission as it does with respect to services by other persons. ``(d) Rules.-- ``(1) Generally.--The Commission may make such rules as are necessary to carry out the purposes of this Act. ``(2) Continuation of old rules.--Except as inconsistent with this Act, and until modified by the Commission, the rules of the Commission on Civil Rights in effect on September 30, 1994 shall be the initial rules of the Commission. ``(e) Cooperation.--All Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties. ``SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated, to carry out this Act $9,500,000 for fiscal year 1995. None of the sums authorized to be appropriated for fiscal year 1995 may be used to create additional regional offices. ``SEC. 6. TERMINATION. ``This Act shall terminate on September 30, 1995.''", "summary": "Civil Rights Commission Amendments Act of 1994 - Amends the United States Commission on Civil Rights Act of 1983 to reauthorize the Commission. Renames such Act as the Civil Rights Commission Act of 1983. Provides that: (1) the initial membership of the Commission shall be the members of the Commission on September 30, 1994, and thereafter vacancies shall continue to be appointed according to a specified formula; and (2) the term of each member in the initial membership shall expire on the date such term would have expired as of September 30, 1994. Sets forth provisions regarding: (1) the Chairperson and Vice Chairperson; (2) removal of members; and (3) a quorum. Directs the Commission to: (1) investigate allegations in writing under oath or affirmation relating to deprivations because of color, race, religion, sex, age, disability, or national origin, or as a result of any pattern or practice of fraud, of the right of U.S. citizens to vote and have votes counted; and (2) study and collect information relating to, make appraisals of Federal laws and policies regarding, serve as a national clearinghouse for information relating to, and prepare public service announcements and advertising campaigns to discourage, discrimination or denials of equal protection of the laws under the Constitution because of color, race, religion, sex, age, disability, or national origin, or in the administration of justice. Specifies that nothing in this or any other Act shall be construed as authorizing the Commission, its advisory committees, or any person under its supervision or control to: (1) inquire into or investigate any membership practices or internal operations of any fraternal organization, college or university fraternity or sorority, private club, or religious organization; or (2) study and collect, make appraisals of, or serve as a clearinghouse for information about Federal laws and policies regarding abortion. Sets forth provisions regarding: (1) reports; (2) advisory committees; (3) hearings and ancillary matters; and (4) administrative provisions. Authorizes appropriations. Terminates such Act on September 30, 1995."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``English Language Unity Act of 2015''. SEC. 2. FINDINGS. Congress finds and declares the following: (1) The United States is comprised of individuals from diverse ethnic, cultural, and linguistic backgrounds, and continues to benefit from this rich diversity. (2) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been the English language. (3) Among the powers reserved to the States respectively is the power to establish the English language as the official language of the respective States, and otherwise to promote the English language within the respective States, subject to the prohibitions enumerated in the Constitution of the United States and in laws of the respective States. SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES. (a) In General.--Title 4, United States Code, is amended by adding at the end the following: ``CHAPTER 6--OFFICIAL LANGUAGE ``Sec. 161. Official language of the United States ``The official language of the United States is English. ``Sec. 162. Preserving and enhancing the role of the official language ``Representatives of the Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. ``Sec. 163. Official functions of Government to be conducted in English ``(a) Scope.--For the purposes of this section-- ``(1) the term `official' refers to any function that-- ``(A) binds the Government; ``(B) is required by law; or ``(C) is otherwise subject to scrutiny by either the press or the public; and ``(2) the term `United States' means the several States and the District of Columbia. ``(b) Official Functions.--The official functions of the Government of the United States shall be conducted in English. ``(c) Practical Effect.--This section-- ``(1) shall apply to all laws, public proceedings, regulations, publications, orders, actions, programs, and policies; and ``(2) shall not apply to-- ``(A) teaching of languages; ``(B) requirements under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); ``(C) actions, documents, or policies necessary for national security, international relations, trade, tourism, or commerce; ``(D) actions or documents that protect the public health and safety; ``(E) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; ``(F) actions that protect the rights of victims of crimes or criminal defendants; or ``(G) using terms of art or phrases from languages other than English. ``Sec. 164. Uniform English language rule for naturalization ``(a) Uniform Language Testing Standard.--All citizens of the United States should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States made in pursuance of the Constitution. ``(b) Ceremonies.--All naturalization ceremonies shall be conducted in English. ``Sec. 165. Rules of construction ``Nothing in this chapter shall be construed-- ``(1) to prohibit a Member of Congress or any officer or agent of the Federal Government, while performing official functions under section 163, from communicating unofficially through any medium with another person in a language other than English (as long as official functions are performed in English); ``(2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act (25 U.S.C. 2901 et seq.)); ``(3) to disparage any language or to discourage any person from learning or using a language; or ``(4) to be inconsistent with the Constitution of the United States. ``Sec. 166. Standing ``A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 of title 28) obtain appropriate relief.''. (b) Clerical Amendment.--The table of chapters at the beginning of title 4, United States Code, is amended by inserting after the item relating to chapter 5 the following: ``Chapter 6. Official Language''. SEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF THE LAWS OF THE UNITED STATES. (a) In General.--Chapter 1 of title 1, United States Code, is amended by adding at the end the following: ``Sec. 9. General rules of construction for laws of the United States ``(a) English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States. ``(b) Any ambiguity in the English language text of the laws of the United States shall be resolved, in accordance with the last two articles of the Bill of Rights, not to deny or disparage rights retained by the people, and to reserve powers to the States respectively, or to the people.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 8 the following: ``9. General Rules of Construction for Laws of the United States.''. SEC. 5. IMPLEMENTING REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue for public notice and comment a proposed rule for uniform testing English language ability of candidates for naturalization, which shall be based upon the principles that-- (1) all citizens of the United States should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States which are made in pursuance thereof; and (2) any exceptions to the standard described in paragraph (1) should be limited to extraordinary circumstances, such as asylum. SEC. 6. EFFECTIVE DATE. The amendments made by sections 3 and 4 shall take effect on the date that is 180 days after the date of enactment of this Act.", "summary": "English Language Unity Act of 2015 Establishes English as the official language of the United States. Requires naturalization ceremonies and official functions of the U.S. government, subject to exceptions, to be conducted in English. Declares that all citizens should be able to read and understand generally the English language text of U.S. laws. Allows a person injured by a violation of this Act to obtain relief, including a declaratory judgment, in a civil action. Declares that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with U.S. laws. Requires any ambiguity in U.S. laws to be resolved in accordance with the rights retained by the people and the powers reserved to states under the Bill of Rights. Directs the Department of Homeland Security to issue a proposed rule for uniform testing of the English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Gardening and Nutrition Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) A community garden improves the quality of life, encourages self-reliance, produces highly nutritious food, reduces family food budgets, and creates opportunities for recreation, social interaction, exercise, education, and economic development for people participating in the garden. (2) The creation of community gardens has been an effective approach to cleaning up and maintaining abandoned vacant lots. (3) Many community gardens donate fresh fruits and vegetables to local food pantries, cooperatives, and homeless members of the community, and provide for a source of fresh fruits and vegetables for participants of the gardens. (4) An August 2013 report by the Union of Concerned Scientists entitled ``The $11 Trillion Reward'' concluded that if Americans were to eat 2.5 cups of vegetables and 2 cups of fruit daily, as recommended by Federal dietary guidelines, nearly 130,000 deaths could be prevented and $17 billion could be saved in medical costs. (5) The Department of Health and Human Services recommends eating more dark green vegetables, legumes, and fruits; and eating fewer refined grains, less fat, and fewer calories. (6) A 2010 review of the Nutritional Implications of Farmers' Markets and Community Gardens published by the Journal of the American Dietetic Association found that community gardens promote healthy behaviors. (7) A 2011 pilot study entitled ``LA Sprouts'' published by the Journal of the American Dietetic Association found that teaching gardening and nutrition improved the dietary intakes of children and reduced childhood obesity. SEC. 3. COMMUNITY GARDEN PILOT PROGRAM. (a) Purpose.--Section 103(a) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953(a)) is amended-- (1) in paragraph (12) by striking ``and'' at the end; (2) in paragraph (13) by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(14) in establishing initiatives that address the health and nutrition of individuals in low-income and underserved communities, including by-- ``(A) creating new community gardens and supporting and expanding existing community gardens; ``(B) recruiting local community members to actively engage in community gardens and gardening projects; ``(C) transforming vacant places into community garden plots; ``(D) increasing access for community members to healthy foods and local foods while also encouraging community members to stay active; ``(E) expanding anti-poverty efforts by teaching basic nutrition and self-reliance through community gardening programs; and ``(F) developing initiatives that increase access to healthy, locally grown foods for the community at large.''. (b) Establishment.--Part A of title I of such Act (42 U.S.C. 4951 et seq.) is amended by adding at the end the following: ``SEC. 110. COMMUNITY GARDEN PILOT PROGRAM. ``(a) The Director shall establish a Community Garden Pilot Program for the purpose of carrying out the work described under section 103(a)(14). In conducting the Program, the Director shall carry out no less than 40 projects. ``(b) In carrying out the Program established under subsection (a), the Director shall give priority to-- ``(1) volunteers with experience in health, nutrition, and gardening; ``(2) projects located in varied geographic regions; and ``(3) selecting a balance of urban and rural projects.''. (c) Authorization.--Section 501(a) of such Act (42 U.S.C. 5081(a)) is amended by-- (1) redesignating paragraph (3) as paragraph (4); and (2) inserting after paragraph (2) the following: ``(3) Community garden pilot program.--There are authorized to be appropriated to carry out section 110 of part A of title I $4,000,000 for fiscal year 2014 and such sums shall remain available until expended.''. (d) Clerical Amendment.--The table of contents in section 1(b) of such Act (42 U.S.C. 4950) is amended by adding after the item relating to section 109 the following new item: ``Sec. 110. Community Garden Pilot Program.''. SEC. 4. REPORT. Not later than 90 days after the completion of the Community Garden Pilot Program established under section 110(a) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951(a)), the Assistant Director appointed pursuant to section 194(d)(1)(A) of the National and Community Service Act of 1990 (42 U.S.C. 12651e(d)(1)(A)), shall submit to Congress a report containing-- (1) a description of the projects and volunteer placements under the Program; (2) results and analysis of completed projects under the Program; and (3) any recommendations for continuation of the Program.", "summary": "Community Gardening and Nutrition Act of 2014 - Amends the Domestic Volunteer Service Act of 1973 to require the Director of the Corporation for National and Community Service to establish a Community Garden Pilot Program under the Volunteers in Service to America (VISTA) program. Requires the Program to address the health and nutrition of individuals in low-income and underserved communities through activities that include: creating new community gardens and supporting and expanding existing community gardens; recruiting local community members to actively engage in community gardens and gardening projects; transforming vacant places into community garden plots; increasing community members' access to healthy foods and local foods while also encouraging them to stay active; expanding anti-poverty efforts by teaching basic nutrition and self-reliance through community gardening; and developing initiatives that increase the community's access to healthy, locally grown foods. Requires the Director to carry out at least 40 projects under the Program. Requires the Director to give priority to: (1) volunteers with experience in health, nutrition, and gardening; (2) projects located in varied geographic regions; and (3) selecting a balance of urban and rural projects."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Internship Improvement Act''. SEC. 2. FEDERAL INTERNSHIP PROGRAMS. (a) In General.--Subchapter I of chapter 31 of title 5, United States Code, is amended by inserting after section 3111 the following: ``Sec. 3111a. Federal internship programs ``(a) Internship Coordinator.--The head of each agency operating an internship program shall appoint an individual within such agency to serve as an internship coordinator. ``(b) Online Information.-- ``(1) Agencies.--The Office of Personnel Management shall make publicly available on the Internet-- ``(A) the name and contact information of the internship coordinator for each agency; and ``(B) information regarding application procedures and deadlines for each internship program. ``(2) Office of personnel management.--The Office of Personnel Management shall make publicly available on the Internet links to the websites where the information described in paragraph (1) is displayed. ``(c) Centralized Database.--The Office shall establish and maintain a centralized electronic database that contains the names, contact information, and relevant skills of individuals who have completed or are nearing completion of an internship program and are currently seeking full-time Federal employment. ``(d) Exit Interview Requirement.--The agency operating an internship program shall conduct an exit interview, and administer a survey (which shall be in conformance with such guidelines or requirements as the Office shall establish to ensure uniformity across agencies), with each intern who completes such program. ``(e) Report.-- ``(1) In general.--The head of each agency operating an internship program shall annually submit to the Office a report assessing such internship program. ``(2) Contents.--Each report required under paragraph (1) for an agency shall include, for the 1-year period ending on September 1 of the year in which the report is submitted-- ``(A) the number of interns who participated in an internship program at such agency; ``(B) information regarding the demographic characteristics of interns at such agency, including educational background; ``(C) a description of the steps taken by such agency to increase the percentage of interns who are offered permanent Federal jobs and the percentage of interns who accept the offers of such jobs, and any barriers encountered; ``(D) a description of activities engaged in by such agency to recruit new interns, including locations and methods; ``(E) a description of the diversity of work roles offered within internship programs at such agency; ``(F) a description of the mentorship portion of such internship programs; and ``(G) a summary of exit interviews conducted and surveys administered by such agency with respect to interns upon their completion of an internship program at such agency. ``(3) Submission.--Each report required under paragraph (1) shall be submitted to the Office between September 1 and September 30 of each year. Not later than December 30 of each year, the Office shall submit to Congress a report summarizing the information submitted to the Office in accordance with paragraph (1) for such year. ``(f) Definitions.--For purposes of this section-- ``(1) the term `internship program' means-- ``(A) a volunteer service program under section 3111(b); ``(B) the Student Educational Employment Program (hereinafter `SCEP'), as established under section 213.3202 of title 5 of the Code of Federal Regulations (as in effect on January 1, 2009); and ``(C) a program operated by a nongovernment organization for the purpose of providing paid internships in agencies pursuant to a written agreement comparable to an SCEP agreement under section 213.3202(b)(12) of title 5 of the Code of Federal Regulations (as in effect on January 1, 2009); ``(2) the term `intern' means an individual participating in an internship program; and ``(3) the term `agency' means an Executive agency.''. (b) Clerical Amendment.--The table of sections for chapter 31 of title 5, United States Code, is amended by inserting after the item relating to section 3111 the following: ``3111a. Federal internship programs.''.", "summary": "Federal Internship Improvement Act - Directs the head of each federal agency operating an internship program to appoint an internship coordinator within the agency. Directs the Office of Personnel Management (OPM) to make publicly available on the Internet: (1) the coordinator's name and contact information and information regarding application procedures and deadlines for the program, and (2) links to the websites where such information is displayed. Requires OPM to establish a centralized electronic database that contains the names, contact information, and relevant skills of individuals who have completed or are nearing completion of an internship program and are currently seeking full-time federal employment. Requires the agency operating an internship program to conduct an exit interview, and administer a survey, with each intern who completes the program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Concussion Treatment and Care Tools Act of 2010'' or the ``ConTACT Act of 2010''. SEC. 2. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL-AGED CHILDREN. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL- AGED CHILDREN. ``(a) Concussion Management Guidelines.-- ``(1) Establishment.--Not later than 2 years after the date of the enactment of this section, the Secretary shall establish concussion management guidelines that address the prevention, identification, treatment, and management of concussions (as defined by the Secretary) in school-aged children, including standards for such children to return to play after experiencing such a concussion, and shall make available such guidelines and standards to the general public, including health professionals. ``(2) Conference.--The Secretary shall convene a conference of medical, athletic, and educational stakeholders for purposes of assisting in the establishment of the guidelines. ``(b) Grants to States.-- ``(1) In general.--After establishing the guidelines under subsection (a), the Secretary may make grants to States for purposes of-- ``(A) providing for the collection by target entities of information on the incidence and prevalence of concussions among school-aged children attending or participating in such entities; ``(B) adopting, disseminating, and ensuring the implementation by target entities of the guidelines; ``(C) funding implementation by target entities of pre-season baseline and post-injury testing, including computerized testing, for school-aged children; and ``(D) any other activity or purpose specified by the Secretary. ``(2) Grant applications.-- ``(A) In general.--To be eligible to receive a grant under this subsection, the Secretary shall require a State to submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. ``(B) Minimum contents.--The Secretary shall require that an application of a State under subparagraph (A) contain at a minimum-- ``(i) a description of the strategies the State will use to disseminate, and ensure the implementation by target entities of, the guidelines, including coordination with ongoing State-based efforts to implement State laws governing youth concussion management; and ``(ii) an agreement by the State to periodically provide data to the Secretary with respect to the incidence of concussions and second impact syndrome among school-aged children in the State. ``(3) Utilization of high school sports associations, youth sports associations, athletic trainer associations, and local chapters of national brain injury organizations.--In disseminating and ensuring the implementation by target entities of the guidelines pursuant to a grant under this subsection, the Secretary shall require States receiving grants under this subsection to utilize, to the extent practicable, applicable expertise and services offered by high school sports associations, youth sports associations, athletic trainer associations, and local chapters of national brain injury organizations in such States. ``(c) Coordination of Activities.--In carrying out activities under this section, the Secretary shall coordinate in an appropriate manner with the heads of other Federal departments and agencies that carry out activities related to concussions and other traumatic brain injuries. ``(d) Reports.-- ``(1) Establishment of the guidelines.--Not later than 2 years after the date of the enactment of this section, the Secretary shall submit to the Congress a report on the implementation of subsection (a). ``(2) Grant program and data collection.--Not later than 4 years after the date of the enactment of this section, the Secretary shall submit to the Congress a report on the implementation of subsection (b), including-- ``(A) the number of States that have adopted the guidelines; ``(B) the number of target entities that have implemented pre-season baseline and post-injury testing, including computerized testing, for school- aged children; and ``(C) the data collected with respect to the incidence of concussions and second impact syndrome among school-aged children. ``(e) Definitions.--In this section: ``(1) The term `guidelines' means the concussion management guidelines established under subsection (a). ``(2) The term `return to play' means, with respect to a school-aged child experiencing a concussion, the return of such child to participating in the sport or other activity related to such concussion. ``(3) The term `school-aged children' means individuals who are at least 5 years of age and not more than 18 years of age. ``(4) The term `second impact syndrome' means catastrophic or fatal events that occur when an individual suffers a concussion while symptomatic and healing from a previous concussion. ``(5) The term `Secretary' means the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. ``(6) The term `State' means each of the 50 States and the District of Columbia. ``(7) The term `target entity' means an elementary school, a secondary school, or a youth sports association.''. Passed the House of Representatives September 30 (legislative day September 29), 2010. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Concussion Treatment and Care Tools Act of 2010 or the ConTACT Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish and publish concussion management guidelines that address the prevention, identification, treatment, and management of concussions in school-aged children, including standards for such children to return to play after experiencing a concussion. Requires the Secretary to convene a conference of medical, athletic, and educational stakeholders to assist in establishing such guidelines. Authorizes the Secretary to make grants to states to: (1) provide for the collection by elementary schools, secondary schools, or youth sports associations of information on the incidence and prevalence of concussions among school-aged children attending or participating in sports or activities; (2) adopt, disseminate, and ensure the implementation by such schools and associations of the guidelines; and (3) fund implementation by schools and associations of preseason baseline and post-injury testing, including computerized testing, for school aged children. Directs the Secretary to require states receiving grants under this Act to utilize applicable expertise and services offered by high school sports associations, youth sports associations, athletic trainer associations, and local chapters of national brain injury organizations in such states. Requires the Secretary to coordinate with the heads of other federal departments and agencies that carry out activities related to concussions and other traumatic brain injuries. Sets forth reporting requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hunter and Farmer Protection Act of 2015''. SEC. 2. BAITING OF MIGRATORY GAME BIRDS. Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended by striking subsection (b) and inserting the following: ``(b) Prohibition of Baiting.-- ``(1) Definitions.--In this subsection: ``(A) Baited area.-- ``(i) In general.--The term `baited area' means-- ``(I) any area on which salt, grain, or other feed has been placed, exposed, deposited, distributed, or scattered, if the salt, grain, or feed could lure or attract migratory game birds; and ``(II) in the case of waterfowl, cranes (family Gruidae), and coots (family Rallidae), a standing, unharvested crop that has been manipulated through activities such as mowing, discing, or rolling, unless the activities are normal agricultural practices. ``(ii) Exclusions.--An area shall not be considered to be a `baited area' if the area-- ``(I) has been treated with a normal agricultural practice; ``(II) has standing crops that have not been manipulated; or ``(III) has standing crops that have been or are flooded. ``(B) Baiting.--The term `baiting' means the direct or indirect placing, exposing, depositing, distributing, or scattering of salt, grain, or other feed that could lure or attract migratory game birds to, on, or over any areas on which a hunter is attempting to take migratory game birds. ``(C) Migratory game bird.--The term `migratory game bird' means migratory bird species-- ``(i) that are within the taxonomic families of Anatidae, Columbidae, Gruidae, Rallidae, and Scolopacidae; and ``(ii) for which open seasons are prescribed by the Secretary of the Interior. ``(D) Normal agricultural practice.-- ``(i) In general.--The term `normal agricultural practice' means any practice in 1 annual growing season that-- ``(I) is carried out in order to produce a marketable crop, including planting, harvest, post-harvest, or soil conservation practices; and ``(II) is recommended for the successful harvest of a given crop by the applicable State office of the Cooperative Extension System of the Department of Agriculture, in consultation with, and if requested, the concurrence of, the head of the applicable State department of fish and wildlife. ``(ii) Inclusions.-- ``(I) In general.--Subject to subclause (II), the term `normal agricultural practice' includes the destruction of a crop in accordance with practices required by the Federal Crop Insurance Corporation for agricultural producers to obtain crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) on land on which a crop during the current or immediately preceding crop year was not harvestable due to a natural disaster (including any hurricane, storm, tornado, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, snowstorm, or other catastrophe that is declared a major disaster by the President in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)). ``(II) Limitations.--The term `normal agricultural practice' only includes a crop described in subclause (I) that has been destroyed or manipulated through activities that include (but are not limited to) mowing, discing, or rolling if the Federal Crop Insurance Corporation certifies that flooding was not an acceptable method of destruction to obtain crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ``(E) Waterfowl.--The term `waterfowl' means native species of the family Anatidae. ``(2) Prohibition.--It shall be unlawful for any person-- ``(A) to take any migratory game bird by baiting or on or over any baited area, if the person knows or reasonably should know that the area is a baited area; or ``(B) to place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by baiting or on or over the baited area. ``(3) Regulations.--The Secretary of the Interior may promulgate regulations to implement this subsection. ``(4) Reports.--Annually, the Secretary of Agriculture shall submit to the Secretary of the Interior a report that describes any changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the United States in which the recommendations are provided to agricultural producers.''.", "summary": "Hunter and Farmer Protection Act of 2015 This bill amends the Migratory Bird Treaty Act to revise standards for determining what constitutes baiting for purposes of the prohibition on taking migratory game birds. A baited area, in the case of waterfowl, cranes, and coots, includes a standing, unharvested crop that has been manipulated through activities such as mowing, discing, or rolling, unless the activities are normal agricultural practices. An area is not considered to be a baited area if it: (1) has been treated with a normal agricultural practice, (2) has standing crops that have not been manipulated, or (3) has standing crops that have been or are flooded. The Department of Agriculture (USDA) must submit to the Department of the Interior a report on changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the United States in which USDA harvest practice recommendations are provided to agricultural producers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Money Transfer Disclosure Act''. SEC. 2. DISCLOSURES REQUIRED. (a) Regulations.-- (1) In general.--Subject to paragraph (2), the appropriate Federal agencies shall jointly prescribe regulations that require any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer (whether or not the consumer maintains an account at such institution or business) to make a good faith effort to provide the following disclosures to the consumer before the consummation of the transaction: (A) Any fees to be charged to the recipient, including any exchange rate or currency conversion fees. (B) A final itemization of all costs to the consumer, which would include all fees charged, for the remittance. (C) The exact amount of foreign currency to be received by the recipient in the foreign country. (2) Good faith effort.--For purposes of paragraph (1), good faith effort requires honesty in fact and all commercially reasonable efforts to provide the disclosures based on the most accurate information reasonably available to the financial institution or money transmitting business at the time of the international money transfer. (b) Language Requirement.--The disclosures required under subsection (a) shall be in English and in the same language, if other than English, as the language principally used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at the office of the institution or business at which the international money transfer is initiated. (c) Definitions.--For purposes of this section, the following definitions shall apply: (1) Appropriate federal agency.--The term ``appropriate Federal agency'' means-- (A) the appropriate Federal banking agency, in the case of any insured depository institution (as such terms are defined in section 3 of the Federal Deposit Insurance Act); (B) the National Credit Union Administration, in the case of any credit union (as defined in section 101 of the Federal Credit Union Act); and (C) the Federal Trade Commission, in the case of any financial institution or money transmitting business that is not an insured depository institution or insured credit union. (2) International money transfer.--The term ``international money transfer'' means any money transmitting service originating in the United States and involving an international transaction which is provided by a financial institution or a money transmitting business. (3) Money transmitting service.--The term ``money transmitting service'' has the meaning given to such term in section 5330(d)(2) of title 31, United States Code. (4) Money transmitting business.--The term ``money transmitting business'' means any business which-- (A) provides check cashing, currency exchange, or money transmitting or remittance services, or issues or redeems money orders, travelers' checks, and other similar instruments; and (B) is not a depository institution (as defined in section 5313(g) of title 31, United States Code). (d) Administrative Enforcement.-- (1) Depository institutions.-- (A) In general.--Compliance with the requirements imposed under this section shall be enforced under-- (i) section 8 of the Federal Deposit Insurance Act, in the case of an insured depository institution, by the appropriate Federal banking agency (as such terms are defined in section 3 of the Federal Deposit Insurance Act); and (ii) the Federal Credit Union Act, in the case of any insured credit union (as defined in section 101 of the Federal Credit Union Act), by the National Credit Union Administration. (B) Applicability of other laws.-- (i) Violations of this section.--For the purpose of the exercise by any agency referred to in subparagraph (A) of its powers under any Act referred to in that subparagraph, a violation of any requirement imposed under this section shall be deemed to be a violation of a requirement imposed under that Act. (ii) Other authority.--In addition to its powers under any provision of law specifically referred to in subparagraph (A), each of the agencies referred to in such subparagraph may exercise, for the purpose of enforcing compliance with any requirement imposed under this section, any other authority conferred on it by law. (2) Other money transmitting businesses.-- (A) Appropriate federal regulator.--Except to the extent that enforcement of the requirements imposed under this section is specifically committed to some other Government agency under paragraph (1), the Federal Trade Commission shall enforce such requirements. (B) Applicability of other laws.-- (i) Violations of this section.--For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement imposed under this section shall be deemed a violation of a requirement imposed under that Act. (ii) Other authority.--All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person subject to the jurisdiction of the Commission with the requirements imposed under this section, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act. (e) Effective Date.--This section shall apply to any international money transfer initiated in the United States after the end of the 3- month period beginning on the date of the enactment of this Act.", "summary": "International Money Transfer Disclosure Act - Directs certain Federal agencies to jointly prescribe regulations requiring a financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer to make a good faith effort to disclose to the consumer before consummation of the transaction: (1) any fees to be charged to the recipient, including any exchange rate or currency conversion fees; (2) a final itemization of all costs to the consumer for the remittance; and (3) the exact amount of foreign currency to be received by the recipient in the foreign country. Mandates that such disclosures take place in English and in the same language, if other than English, as the language principally used by the financial institution or money transmitting business to advertise, solicit, or negotiate at its office where the international money transfer is initiated."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health First Act of 2013''. SEC. 2. MENTAL HEALTH FIRST AID TRAINING GRANTS. Section 520J of the Public Health Service Act (42 U.S.C. 290bb-41) is amended to read as follows: ``SEC. 520J. MENTAL HEALTH FIRST AID TRAINING GRANTS. ``(a) Grants.--The Secretary, acting through the Administrator, shall award grants to States, political subdivisions of States, Indian tribes, tribal organizations, and nonprofit private entities to initiate and sustain mental health first aid training programs. ``(b) Program Requirements.-- ``(1) In general.--To be eligible for funding under subsection (a), a mental health first aid training program shall-- ``(A) be designed to train individuals in the categories listed in paragraph (2) to accomplish the objectives described in paragraph (3); ``(B) ensure that training is conducted by trainers that are properly licensed and credentialed by nonprofit entities as designated by the Secretary; and ``(C) include-- ``(i) at a minimum-- ``(I) a core live training course for individuals in the categories listed in paragraph (2) on the skills, resources, and knowledge to assist individuals in crisis to connect with appropriate local mental health care services; ``(II) training on mental health resources, including the location of community mental health centers described in section 1913(c), in the State and local community; and ``(III) training on action plans and protocols for referral to such resources; and ``(ii) where feasible, continuing education and updated training for individuals in the categories listed in paragraph (2). ``(2) Categories of individuals to be trained.--The categories of individuals listed in this paragraph are the following: ``(A) Emergency services personnel and other first responders. ``(B) Police officers and other law enforcement personnel. ``(C) Teachers and school administrators. ``(D) Human resources professionals. ``(E) Faith community leaders. ``(F) Nurses and other primary care personnel. ``(G) Students enrolled in an elementary school, a secondary school, or an institution of higher education. ``(H) The parents of students described in subparagraph (G). ``(I) Veterans. ``(J) Other individuals, audiences or training populations as determined appropriate by the Secretary. ``(3) Objectives of training.--To be eligible for funding under subsection (a), a mental health first aid training program shall be designed to train individuals in the categories listed in paragraph (2) to accomplish each of the following objectives (as appropriate for the individuals to be trained, taking into consideration their age): ``(A) Safe de-escalation of crisis situations. ``(B) Recognition of the signs and symptoms of mental illness, including such common psychiatric conditions as schizophrenia, bipolar disorder, major clinical depression, and anxiety disorders. ``(C) Timely referral to mental health services in the early stages of developing mental disorders in order to-- ``(i) avoid more costly subsequent behavioral health care; and ``(ii) enhance the effectiveness of mental health services. ``(c) Distribution of Awards.--In awarding grants under this section, the Secretary shall-- ``(1) ensure that grants are equitably distributed among the geographical regions of the United States; and ``(2) pay particular attention to the mental health training needs of populations and target audiences residing in rural areas. ``(d) Application.--A State, political subdivision of a State, Indian tribe, tribal organization, or nonprofit private entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for the rigorous evaluation of activities that are carried out with funds received under such grant. ``(e) Evaluation.--A State, political subdivision of a State, Indian tribe, tribal organization, or nonprofit private entity that receives a grant under this section shall prepare and submit an evaluation to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including an evaluation of activities carried out with funds received under such grant and a process and outcome evaluation. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $20,000,000 for fiscal year 2014 and such sums as may be necessary for each of fiscal years 2015 and 2016.''.", "summary": "Mental Health First Act of 2013 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Administrator of the Substance Abuse and Mental Health Services Administration (SAMHSA), to award grants to initiate and sustain mental health first aid training programs. Requires such a program to include: (1) core live training courses on the skills, resources, and knowledge necessary to assist individuals in crisis to connect with appropriate local mental health care services; (2) training on mental health resources, including the location of community mental health centers in the state and local community; and (3) training on action plans and protocols for referral to such resources. Sets forth the categories of individuals to be trained under the program, including emergency services personnel and other first responders, police officers and law enforcement personnel, teachers and school administrators, human resources professionals, faith community leaders, nurses and other primary care personnel, students enrolled in school, parents of students, veterans, and other individuals, audiences or training populations as appropriate. Requires such programs to train individuals to accomplish: (1) safe de-escalation of crisis situations, (2) recognition of the signs and symptoms of mental illness, and (3) timely referral to mental health services in the early stages of developing mental disorders. Requires the Secretary, in awarding grants, to: (1) ensure that grants are equitably distributed among the geographical regions of the United States, and (2) pay particular attention to the mental health training needs of populations and target audiences residing in rural areas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandate Prevention Act of 2010''. SEC. 2. LEGISLATION SUBJECT TO POINT OF ORDER. (a) In General.--Section 425(a) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and by inserting ``; and'', and by adding at the end the following new paragraph: ``(3) Any bill, joint resolution, amendment, motion, or conference report that would increase the direct costs of Federal private sector mandates by an amount that causes the thresholds specified in section 424(b)(1) to be exceeded, unless-- ``(A) the bill, joint resolution, amendment, motion, or conference report provides new budget authority or new entitlement authority in the House of Representatives or direct spending authority in the Senate for each fiscal year for such mandates included in the bill, joint resolution, amendment, motion, or conference report in an amount equal to or exceeding the direct costs of such mandate; or ``(B) the bill, joint resolution, amendment, motion, or conference report includes an authorization for appropriations in an amount equal to or exceeding the direct costs of such mandate, and-- ``(i) identifies a specific dollar amount of the direct costs of such mandate for each year up to 10 years during which such mandate shall be in effect under the bill, joint resolution, amendment, motion or conference report, and such estimate is consistent with the estimate determined under subsection (e) for each fiscal year; ``(ii) identifies any appropriation bill that is expected to provide for Federal funding of the direct cost referred to under clause (i); and ``(iii)(I) provides that for any fiscal year the responsible Federal agency shall determine whether there are insufficient appropriations for that fiscal year to provide for the direct costs under clause (i) of such mandate, and shall (no later than 30 days after the beginning of the fiscal year) notify the appropriate authorizing committees of Congress of the determination and submit either-- ``(aa) a statement that the agency has determined, based on a re-estimate of the direct costs of such mandate, after consultation with State, local, and tribal governments, that the amount appropriated is sufficient to pay for the direct costs of such mandate; or ``(bb) legislative recommendations for either implementing a less costly mandate or making such mandate ineffective for the fiscal year; ``(II) provides for expedited procedures for the consideration of the statement or legislative recommendations referred to in subclause (I) by Congress no later than 30 days after the statement or recommendations are submitted to Congress; and ``(III) provides that such mandate shall-- ``(aa) in the case of a statement referred to in subclause (I)(aa), cease to be effective 60 days after the statement is submitted unless Congress has approved the agency's determination by joint resolution during the 60-day period; ``(bb) cease to be effective 60 days after the date the legislative recommendations of the responsible Federal agency are submitted to Congress under subclause (I)(bb) unless Congress provides otherwise by law; or ``(cc) in the case that such mandate that has not yet taken effect, continue not to be effective unless Congress provides otherwise by law.''. (b) Committee on Appropriations.--Section 425(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``or a Federal private sector mandate'' after ``Federal intergovernmental mandate'' each place it appears. (c) Determinations of Federal Private Sector Mandate Levels.-- Section 425(e) of the Congressional Budget Act of 1974 is amended by inserting ``and Federal private sector mandates'' after ``Federal mandates''. SEC. 3. UNFUNDED MANDATES POINT OF ORDER IN THE RULES OF THE HOUSE OF REPRESENTATIVES. Clause 11(b) of rule XVIII of the Rules of the House of Representatives is amended by inserting before the period the following: ``or a Federal private sector mandate the direct costs of which exceed the threshold otherwise specified for a reported bill or joint resolution in section 424(b)(1) of such Act''. SEC. 4. EQUALIZATION OF THRESHOLD BETWEEN PRIVATE SECTOR AND INTERGOVERNMENTAL MANDATES. Section 424(b)(1) of the Congressional Budget Act of 1974 is amended by striking ``$100,000,000'' and inserting ``$50,000,000''.", "summary": "Mandate Prevention Act of 2010 - Amends the Congressional Budget Act of 1974 (CBA) to make it out of order to consider in either chamber of Congress any legislation that would increase the direct costs of federal private sector mandates by an amount that causes the applicable thresholds to be exceeded, unless the legislation: (1) provides new budget or entitlement authority in the House of Representatives or direct spending authority in the Senate for each fiscal year for such mandates in an amount equal to or exceeding the direct costs of each such mandate; or (2) includes an authorization of appropriations in an amount equal to or exceeding the direct costs of such mandates and makes other specified arrangements for up to 10 years during which each mandate shall be in effect under the legislation. Applies such prohibition to any legislative provision increasing direct costs of a federal private sector mandate (currently, federal intergovernmental mandate only) in any legislation reported by a congressional appropriations committee. Amends Rule XVIII (The Committee of the Whole House on the state of the Union) of the Rules of the House to state that the Committee of the Whole may be precluded from considering an amendment proposing only to strike an unfunded federal private sector mandate from the portion of the bill then open to amendment only by specific terms of a special order of the House. Amends the CBA to equalize the threshold between private sector and intergovernmental mandates."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Trade Commission Reauthorization Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Authorization of appropriations. Sec. 3. Independent litigation authority. Sec. 4. Specialized administrative law judges. Sec. 5. Civil penalties for violations of the Federal Trade Commission Act. Sec. 6. Application of Federal Trade Commission Act to tax-exempt organizations. Sec. 7. Aiding and abetting a violation. Sec. 8. Permissive administrative procedure for consumer protection rules. Sec. 9. Rulemaking procedure for subprime lending mortgages and nontraditional mortgage loans. Sec. 10. Harmonizing FTC rules with banking agency rulemaking. Sec. 11. Enforcement by State attorneys general. Sec. 12. Harmonization of national do-not-call registry and effect on State laws. Sec. 13. FTC study of alcoholic beverage marketing practices. Sec. 14. Common carrier exception. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. The text of section 25 of the Federal Trade Commission Act (15 U.S.C. 57c) is amended to read as follows: ``(a) In General.--There are authorized to be appropriated to carry out the functions, powers, and duties of the Commission-- ``(1) $264,000,000 for fiscal year 2009; ``(2) $290,400,000 for fiscal year 2010; ``(3) $319,400,000 for fiscal year 2011; ``(4) $351,400,000 for fiscal year 2012; ``(5) $386,500,000 for fiscal year 2013; ``(6) $425,200,000 for fiscal year 2014; and ``(7) $467,700,000 for fiscal year 2015. ``(b) Litigation and Internet Commerce Technology.--There are authorized to be appropriated to the Commission $20,000,000 for each of fiscal years 2009 through 2015 to be used by the Commission to improve technology in support of the Commission's competition and consumer protection missions. ``(c) International Technical Assistance.--From amounts appropriated pursuant to subsection (a), the Commission may spend up to $10,000,000 for each of fiscal years 2009 through 2015 to continue and enhance its provision of international technical assistance with respect to foreign consumer protection and competition regimes.''. SEC. 3. INDEPENDENT LITIGATION AUTHORITY. Section 16(a) of the Federal Trade Commission Act (15 U.S.C. 56(a)) is amended-- (1) by striking paragraph (1) and inserting ``(1) The Commission may commence, defend, or intervene in, and supervise the litigation of any civil action involving this Act (including an action to collect a civil penalty) and any appeal of such action in its own name by any of its attorneys designated by it for such purpose. The Commission shall notify the Attorney General of any such action and may consult with the Attorney General with respect to any such action or request the Attorney General on behalf of the Commission to commence, defend, or intervene in any such action.''; (2) by striking subparagraph (A) of paragraph (3) and inserting ``(A) The Commission may represent itself through any of its attorneys designated by it for such purpose before the Supreme Court in any civil action in which the Commission represented itself pursuant to paragraph (1) or (2) or may request the Attorney General to represent the Commission before the Supreme Court in any such action.''; and (3) by striking paragraph (4) and redesignating paragraph (5) as paragraph (4). SEC. 4. SPECIALIZED ADMINISTRATIVE LAW JUDGES. (a) In General.--In appointing administrative law judges under section 3105 of title 5, United States Code, to conduct hearings and render initial decisions in formal adjudicative matters before it, the Federal Trade Commission may give preference to administrative law judges who have experience with antitrust or trade regulation litigation and who are familiar with the kinds of economic analysis associated with such litigation. (b) Details.--If the Commission asks the Office of Personnel Management to assign an administrative law judge under section 3344 of title 5, United States Code, to conduct a hearing or render an initial decision in a formal adjudicative matter before it, the Commission may request the assignment of an administrative law judge who has experience with antitrust or trade regulation litigation and is familiar with the kinds of economic analysis associated with such litigation and the Office of Personnel Management shall comply with the request to the maximum extent feasible. SEC. 5. CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL TRADE COMMISSION ACT. Section 5(m)(1)(A) of the Federal Trade Commission Act (15 U.S.C. 45(m)(1)(A)) is amended-- (1) by inserting ``this Act, or'' after ``violates'' the first place it appears; and (2) by inserting ``a violation of this Act or such act is'' after ``such act is''. SEC. 6. APPLICATION OF FEDERAL TRADE COMMISSION ACT TO TAX-EXEMPT ORGANIZATIONS. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended by striking ``members.'' in the second full paragraph and inserting ``members, and includes an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code.''. SEC. 7. AIDING AND ABETTING A VIOLATION. Section 10 of the Federal Trade Commission Act (15 U.S.C. 50) is amended by adding at the end thereof the following: ``It is unlawful for any person to aid or abet another in violating any provision of this Act or any other Act enforceable by the Commission.''. SEC. 8. PERMISSIVE ADMINISTRATIVE PROCEDURE FOR CONSUMER PROTECTION RULES. (a) In General.--Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) is amended by adding at the end thereof the following: ``(k) Alternative Rulemaking Procedure.--The Commission may, by majority vote of the full Commission, dispense with the requirements of other provisions of this section and of section 22 of this Act with respect to rulemaking involving a consumer protection matter (as determined by the Commission). If the Commission dispenses with such requirements with respect to such a rulemaking, it shall conduct such rulemaking in accordance with section 553 of title 5, United States Code, and in such case the provisions for judicial review of rules promulgated under section 553 of title 5 shall apply.''. SEC. 9. RULEMAKING PROCEDURE FOR SUBPRIME LENDING MORTGAGES AND NONTRADITIONAL MORTGAGE LOANS. Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), as amended by section 8, is further amended by adding at the end thereof the following: ``(l) Special Rule for Certain Mortgage-Related Rulemakings.-- Notwithstanding any other provision of this section, section 22 of this Act, or any other provision of law, the Commission shall conduct rulemaking proceedings with respect to subprime mortgage lending and nontraditional mortgage loans in accordance with section 553 of title 5, United States Code, and the provisions for judicial review of rules promulgated under section 553 of title 5 shall apply.''. SEC. 10. HARMONIZING FTC RULES WITH BANKING AGENCY RULEMAKING. (a) In General.--The second sentence of section 18(f)(1) of the Federal Trade Commission Act (15 U.S.C. 57a(f)(1)) is amended-- (1) by striking ``The Board of Governors of the Federal Reserve System (with respect to banks) and the Federal Home Loan Bank Board (with respect to savings and loan institutions described in paragraph (3))'' and inserting ``Each Federal banking agency (with respect to the depository institutions each such agency supervises)''; and (2) by inserting ``in consultation with the Commission'' after ``shall prescribe regulations''. (b) FTC Concurrent Rulemaking.--Section 18(f)(1) of such Act is further amended by inserting after the second sentence the following: ``Such regulations shall be prescribed jointly by such agencies to the extent practicable. Notwithstanding any other provision of this section, whenever such agencies commence such a rulemaking proceeding, the Commission, with respect to the entities within its jurisdiction under this Act, may commence a rulemaking proceeding and prescribe regulations in accordance with section 553 of title 5, United States Code. If the Commission commences such a rulemaking proceeding, the Commission, the Federal banking agencies, and the National Credit Union Administration Board shall consult and coordinate with each other so that the regulations prescribed by each such agency are consistent with and comparable to the regulations prescribed by each other such agency to the extent practicable.''. (c) GAO Study and Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report on the status of regulations of the Federal banking agencies and the National Credit Union Administration regarding unfair and deceptive acts or practices by the depository institutions. (d) Technical and Conforming Amendments.--Section 18(f) of the Federal Trade Commission Act (15 U.S.C. 57a(f)) is amended-- (1) in the first sentence of paragraph (1)-- (A) by striking ``banks or savings and loan institutions described in paragraph (3), each agency specified in paragraph (2) or (3) of this subsection shall establish'' and inserting ``depository institutions and Federal credit unions, the Federal banking agencies and the National Credit Union Administration Board shall each establish''; and (B) by striking ``banks or savings and loan institutions described in paragraph (3), subject to its jurisdiction'' before the period and inserting ``depository institutions or Federal credit unions subject to the jurisdiction of such agency or Board''; (2) in the sixth sentence of paragraph (1) (as amended by subsection (b))-- (A) by striking ``each such Board'' and inserting ``each such banking agency and the National Credit Union Administration Board''; (B) by striking ``banks or savings and loan institutions described in paragraph (3)'' each place such term appears and inserting ``depository institutions subject to the jurisdiction of such agency''; (C) by striking ``(A) any such Board'' and inserting ``(A) any such Federal banking agency or the National Credit Union Administration Board''; and (D) by striking ``with respect to banks, savings and loan institutions'' and inserting ``with respect to depository institutions''; (3) by adding at the end of paragraph (1) the following new sentence: ``For purposes of this subsection, the terms `Federal banking agency' and `depository institution' have the same meaning as in section 3 of the Federal Deposit Insurance Act.''; (4) in paragraph (2)(C), by inserting ``than'' after ``(other''; (5) in paragraph (3), by inserting ``by the Director of the Office of Thrift Supervision'' before the period at the end; (6) in paragraph (4), by inserting ``by the National Credit Union Administration'' before the period at the end; and (7) in paragraph (6), by striking ``the Board of Governors of the Federal Reserve System'' and inserting ``any Federal banking agency or the National Credit Union Administration Board''. SEC. 11. ENFORCEMENT BY STATE ATTORNEYS GENERAL (a) In General.--Except as provided in subsection (f), a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate State or district court of the United States to enforce the provisions of the Federal Trade Commission Act or any other Act enforced by the Federal Trade Commission to obtain penalties and relief provided under such Acts whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of a subprime mortgage lending rule or a nontraditional mortgage loan rule promulgated by the Federal Trade Commission. (b) Notice.--The State shall serve written notice to the Commission of any civil action under subsection (a) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (c) Intervention by FTC.--Upon receiving the notice required by subsection (b), the Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; (2) remove the action to the appropriate United States district court; and (3) file petitions for appeal of a decision in such civil action. (d) Savings Clause.--Nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (e) Venue; Service of Process; Joinder.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which the lender or a related party operates or is authorized to do business; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with a lender or related party to an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Preemptive Action by FTC.--Whenever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any rule described under (a), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (g) Award of Costs and Fees.--If the attorney general of a State prevails in any civil action under subsection (a), the State can recover reasonable costs and attorney fees from the lender or related party. SEC. 12. HARMONIZATION OF NATIONAL DO-NOT-CALL REGISTRY AND EFFECT ON STATE LAWS. (a) Amendment of the Telemarketing and Consumer Fraud and Abuse Prevention Act.--Section 5 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6105) is amended by adding at the end thereof the following: ``(d) State Laws Not Preempted.--Nothing in this Act or the Do-Not- Call Implementation Act (15 U.S.C. 6101 note) preempts any State law that imposes more restrictive requirements on intrastate or interstate telemarketing to telephone numbers on a do-not-call registry maintained by that State.''. (b) Conforming Amendment.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting ``interstate or'' after ``restrictive''. SEC. 13. FTC STUDY OF ALCOHOLIC BEVERAGE MARKETING PRACTICES. Within 2 years after the Federal Trade Commission completes its study entitled Self-Regulation in the Alcohol Industry and every 2 years thereafter, the Commission shall transmit a report to the Congress on advertising and marketing practices for alcoholic beverages, together with such recommendations, including legislative recommendations, as the Commission deems appropriate. In preparing the report, the Commission shall consider information contained in reports by the Secretary of Health and Human services under section 519B of the Public Health Service Act (42 U.S.C. 290bb-25b), and shall include, to the extent feasible, data on measured and unmeasured media by brand and type of beverage, and data on expenditures for slotting and discounting. SEC. 14. COMMON CARRIER EXCEPTION. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended by striking the paragraph containing the definition of the term ``Acts to regulate commerce'' and inserting the following: ```Acts to regulate commerce' means subtitle IV of title 49, United States Code, and all Acts amendatory thereof and supplementary thereto.''.", "summary": "Federal Trade Commission Reauthorization Act of 2008 - Amends the Federal Trade Commission Act to authorize appropriations to carry out the powers and duties of the Federal Trade Commission (FTC) and to improve technology regarding the FTC's competition and consumer protection missions. Authorizes the FTC to directly handle civil actions under the Act or to request the Attorney General do so. Allows the FTC to give appointment preference to administrative judges with antitrust or trade regulation litigation and related economic analysis experience. Permits the FTC to commence a civil action to recover civil penalties in a district court for any violation of the Act. Permits the FTC to enforce the Act against nonprofit organizations. Authorizes the FTC to operate under general federal law rulemaking and judicial review provisions instead of under rulemaking provisions of the Act. Requires that the FTC, notwithstanding any other provision of law, conduct rulemaking proceedings regarding subprime mortgage lending and nontraditional mortgage loans in accordance with such general rulemaking and judicial review provisions. Transfers to each federal banking agency, with respect to depository institutions, the authority to prescribe regulations governing unfair or deceptive practices by banks and savings and loan institutions currently vested in the Board of Governors of the Federal Reserve System (regarding banks) and the Federal Home Loan Bank Board (regarding savings and loan institutions). Allows a state, except during an FTC action, to bring an action to enforce the Act or any other Act enforced by the FTC regarding violation of an FTC subprime mortgage lending or nontraditional mortgage loan rule. Amends the Telemarketing and Consumer Fraud and Abuse Prevention Act to state that more restrictive state laws are not preempted. Provides for an FTC study of alcoholic beverage marketing. Amends the Federal Trade Commission Act to remove references to the Communications Act of 1934 from the definition of \"Acts to regulate commerce.\""}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Enforcement Review Commission Act''. SEC. 2. CREATION OF IMMIGRATION ENFORCEMENT REVIEW COMMISSION. There is established the Immigration Enforcement Review Commission (hereinafter referred to as the ``Review Commission''). The Review Commission shall be comprised of a Board of Commissioners, an Investigations Office, and a Community Outreach Office. In the execution of its duties, the Review Commission shall comply with the requirements established in this Act. The Immigration and Naturalization Service and the Customs Service (hereinafter referred to as ``the Services'') shall cooperate fully with the Review Commission and its employees in carrying out the duties of the Review Commission under this Act, and shall provide to the Commission such records as the Commission considers appropriate. SEC. 3. DUTIES OF REVIEW COMMISSION. The Review Commission shall be responsible for investigating complaints of civil rights abuses against the Services, employees of the Services, their divisions, or any facilities where detainees are held in Service custody. Based upon its findings, the Review Commission shall make recommendations to the Services to discipline Service employees responsible for committing abuses. The Review Commission shall also make policy recommendations to the Services as appropriate. SEC. 4. REVIEW COMMISSION. (a) Composition of the Board of Commissioners.--The Board of Commissioners (hereinafter referred to as the ``Board'') shall be composed of 7 members who shall be appointed by the President by and with the advice and consent of the Senate. The President shall designate one member to serve as Director of the Board of Commissioners. Not more than 4 members may be of the same political party. The members of the Board shall be full-time employees. (b) Appointments and Terms of Office.-- (1) Except as provided in paragraph (2), the term of each Commissioner shall be 6 years. (2) Of the members first appointed, 4 shall be appointed to terms of 3 years. Not more than 2 members appointed under this paragraph may be of the same political party. (3) A member appointed to fill a vacancy occurring before the expiration of the term for which that member's predecessor was appointed shall be appointed only for the remainder of that term. (4) No person shall serve as a member of the Board for more than 2 terms. (c) Compensation.--Each member of the Board shall receive compensation at the annual rate of basic pay in effect for level V of the Executive Schedule. (d) Eligibility.--A member of the Board may not have been employed by the Services within the period beginning 5 years before appointment, or employed by any law enforcement agency within the period beginning 1 year before appointment. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Investigations Office.--The Review Commission shall employ such investigative personnel as the Board considers advisable, in accordance with the civil service and classification laws. Investigators shall be charged with the responsibility of investigating all complaints brought to the Review Commission's attention. (b) Community Outreach Office.--The Board shall appoint a Director of Community Outreach. The Director of Community Outreach shall establish local community task forces to improve the working relationship between the Services and local community groups and organizations. (c) Review Commission Facilities.--The Review Commission shall establish a headquarters and 3 regional offices. The Review Commission may not maintain offices in a facility under the control or operation of the Services, or any facility in which either of the Services occupies space. (d) Personnel Limitation.--An employee of the Review Commission may not have been employed by the Services within the period beginning 5 years before appointment or employed by any law enforcement agency within the period beginning 1 year before appointment. (e) Regulations.--The Review Commission is authorized to promulgate such rules and regulations as may be necessary to carry out this Act including procedures for the filing, investigation, and resolution of complaints. SEC. 6. OPERATIONS OF REVIEW COMMISSION. (a) Complaint Forms.-- (1) Complaint forms shall be made available at all Service facilities and shall be available upon request from the Review Commission. (2) The complaint forms shall be written in languages reflecting the languages of the immigrant population. (b) Filing of Complaints.-- (1) Complaints may be filed in person, by mail, by telephone, by facsimile, or by any other reasonable means. Complaints may be filed by any person, including anonymously, and may be filed on behalf of third parties. Complaints need not be filed on the official complaint forms. (2) The Review Commission shall establish and operate a multilingual, 24-hour, toll-free hotline to receive complaints. (3) Whenever possible, upon receipt of a complaint, the Review Commission shall provide to the complainant information which describes the review procedures of the Review Commission. Such information shall be available in languages reflecting the languages of the immigrant population. (c) Public Outreach.-- (1) The Review Commission shall educate members of the public about its functions and shall receive and actively seek out suggestions from the public to improve the functioning of the Review Commission. (2) The Review Commission shall develop outreach materials, which shall include, a description of the Review Commission, its duties, and complaint procedures. Such materials shall be made available to the public in languages reflecting the languages of the immigrant population. (3) The Review Commission shall oversee the display and dissemination of outreach materials at all Service facilities. (d) Service Employees' Duty To Inform Commission.-- (1) When a complaint of agent misconduct is brought to the attention of any Service employee, the employee shall promptly inform the complainant of proper procedures for filing a complaint. (2) A Service employee who witnesses or otherwise obtains actual knowledge of the use of force, that is unreasonable in light of the facts and circumstances and involves another Service employee, shall report such incident to the Review Commission within 24 hours of the acquisition of knowledge of such incident. (3) The Review Commission may promulgate regulations requiring Service employees to report to the Commission other violations of the Services' operating procedures. (e) Investigation of Complaints.--Each complaint shall be investigated by an investigator who shall complete and submit a written report to the Board of Commissioners within 60 days of the assignment, unless the Board authorizes an extension. The Services shall grant investigators access to information, documents, or other items relevant to the matter under investigation. The Board may issue subpoenas. Service employees shall cooperate fully with Review Commission investigations, subject to the protections afforded by the Constitution. Service employees shall be advised of their constitutional rights and the procedural rights afforded under this Act. (f) Disposition of Complaints.-- (1) When the Board receives a written report on a complaint from an investigator, the Board shall designate a panel of 3 of its members (hereinafter referred to as the ``Panel'') to review the report. (2) The Panel shall conduct hearings on the complaint if-- (A) the alleged abuse is of a serious nature, as defined by the regulations prescribed under authority of this Act; or (B) the Panel, by majority vote, decides to hold a hearing. (3) The Panel shall issue a written finding on the complaint based on the report alone or on the report and a hearing, if one is held. (4) The Panel shall forward its finding to both the complainant and the Service employee. The complainant and the Service employee shall have 30 days in which to review the Panel's official finding. During the 30-day period, either the complainant or the Service employee may take one of the following actions: (A) If no hearing was held, request that the Panel conduct a hearing. A hearing shall be held if one member of the Panel votes to hold a hearing. (B) Regardless of whether a hearing was held, request an en banc review of the Panel's decision. An en banc review will be granted if a majority of the Board votes to conduct such review. (5) If neither party makes a request pursuant to subparagraphs (A) or (B) of paragraph (4), or if such a request is denied, then the Board, promptly, shall report its finding to the appropriate Service. (6) All findings made by the Board of Commissioners sitting en banc shall be reported directly to the appropriate Service with copies to the complainant and the Service employee. (g) Hearings.-- (1) Both the complainant and the subject Service employee shall have the right to be represented by counsel or other representative at Board hearings, to present witnesses, and to cross-examine witnesses. (2) Any finding of a violation on the part of a Service employee by the Board must be established by a preponderance of the evidence. (3)(A) Except as provided in subparagraph (B), hearings shall be open to the public and transcripts of hearings shall be available to the public. (B) For good cause the Board of Commissioners may close to the public all or any part of a hearing and may seal all or any part of the transcript of a hearing. (4) Unless mandated by unusual circumstances, a hearing shall be conducted in one location within the United States that is generally convenient to the complainant and any potential witnesses. (h) Disciplinary Recommendations.-- (1) When a finding of a violation may constitute a criminal offense, the Board of Commissioners shall inform the appropriate Federal or State authorities so that appropriate prosecutorial action may be considered. Prosecutorial action shall not relieve the Board of its duties under this Act. (2) When a complaint has been substantiated, the Board shall recommend disciplinary action against the subject Service employee. The Board's recommendations shall be based on a schedule of sanctions determined by the Commission. If the Services do not adopt the recommendations of the Board, they shall provide a written explanation of the grounds for refusal to do so within 30 days of the Board's recommendation. The Commission's recommendations and the Service's explanation shall be made public. (3) Nothing in this Act shall affect the Services' authority to discipline their employees. (i) Early Warning Program.--The Review Commission shall conduct a periodic review of all complaints in order to determine whether particular Service employees have been the subject of repeated complaints or have otherwise demonstrated they may be having difficulty dealing appropriately with members of the public. The results of this review shall be presented to the Services. The Review Commission shall make recommendations to the Services with respect to so identified Service employees including, but not limited to, recommendations of training or counseling. (j) Records of Complaints and Statistical Summaries.--The Review Commission shall maintain records of complaints, including a summary of reports made pursuant to the Early Warning Program under subsection (i). The Review Commission shall compile and publish, at least annually, a statistical summary of all complaints received and the dispositions of such complaints. SEC. 7. RETALIATION. (a) Retaliation Prohibited.--Retaliation is prohibited and shall constitute the basis for a complaint to the Commission. (b) Definition.--For the purposes of this Act, the term ``retaliation'' means any action or threat of action against a person, including a Service employee, because such person filed a complaint, testified, assisted, or participated in any manner in an investigation or hearing related to the complaint procedures established by this Act. SEC. 8. LIMITATION ON USE OF TESTIMONY. No testimony or other information gathered as part of a complaint, investigation, or hearing under this Act may be used in any proceeding under the Immigration and Nationality Act. SEC. 9. FUNDING. Funds authorized to be appropriated for the Offices of Inspector General of the Department of Justice and the Department of the Treasury are authorized to be available to carry out this Act.", "summary": "Immigration Enforcement Review Commission Act - Establishes the Immigration Enforcement Review Commission, composed of a Board of Commissioners, an Investigations Office, and a Community Outreach Office. States that the Commission shall: (1) investigate civil rights abuse complaints against the Immigration and Naturalization Service and the Customs Service or their employees; and (2) make policy recommendations as appropriate."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities Law Technical Corrections Act of 2007''. SEC. 2. TECHNICAL CORRECTIONS. (a) Securities Act of 1933.--The Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended-- (1) in section 3(a)(4) (15 U.S.C. 77c(a)(4)), by striking ``individual;'' and inserting ``individual,''; (2) in section 18(b)(1)(C) (15 U.S.C. 77r(b)(1)(C)), by striking ``is a security'' and inserting ``a security''; (3) in section 18(c)(2)(B)(i) (15 U.S.C. 77r(c)(2)(B)(i)), by striking ``State, or'' and inserting ``State or''; (4) in section 19(d)(6)(A) (15 U.S.C. 77s(d)(6)(A)), by striking ``in paragraph (1) of (3)'' and inserting ``in paragraph (1) or (3)''; and (5) in section 27A(c)(1)(B)(ii) (15 U.S.C. 77z- 2(c)(1)(B)(ii)), by striking ``business entity;'' and inserting ``business entity,''. (b) Securities Exchange Act of 1934.--The Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.) is amended-- (1) in section 2(1)(a) (15 U.S.C. 78b(1)(a)), by striking ``affected'' and inserting ``effected''; (2) in section 3(a)(55)(A) (15 U.S.C. 78c(a)(55)(A)), by striking ``section 3(a)(12) of the Securities Exchange Act of 1934'' and inserting ``section 3(a)(12) of this Act''; (3) in section 3(g) (15 U.S.C. 78c(g)), by striking ``company, account person, or entity'' and inserting ``company, account, person, or entity''; (4) in section 10A(i)(1)(B)(i) (15 U.S.C. 78j- 1(i)(1)(B)(i)), by striking ``nonaudit'' and inserting ``non- audit''; (5) in section 13(b)(1) (15 U.S.C. 78m(b)(1)), by striking ``earning statement'' and inserting ``earnings statement''; (6) in section 15(b)(1) (15 U.S.C. 78o(b)(1))-- (A) by striking the sentence beginning ``The order granting'' and ending ``from such membership.'' in subparagraph (B); and (B) inserting such sentence in the matter following such subparagraph after ``are satisfied.''; (7) in section 15 (15 U.S.C. 78o), redesignate subsection (i), as added by section 303(f) of the Commodity Futures Modernization Act of 2000 (114 Stat. 2763A-455), as subsection (j); (8) in section 15C(a)(2) (15 U.S.C. 78o-5(a)(2))-- (A) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; (B) by striking the sentence beginning ``The order granting'' and ending ``from such membership.'' in such redesignated subparagraph (B); and (C) inserting such sentence in the matter following such redesignated subparagraph after ``are satisfied.''; (9) in section 16(a)(2)(C) (15 U.S.C. 78p(a)(2)(C)), by striking ``section 206(b)'' and inserting ``section 206B''; (10) in section 17(b)(1)(B) (15 U.S.C. 78q(b)(1)(B)), by striking ``15A(k) gives'' and inserting ``15A(k), give''; and (11) in section 21C(c)(2) (15 U.S.C. 78u-3(c)(2)), by striking ``paragraph (1) subsection'' and inserting ``Paragraph (1)''. (c) Trust Indenture Act of 1939.--The Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.) is amended-- (1) in section 304(b) (15 U.S.C. 77ddd(b)), by striking ``section 2 of such Act'' and inserting ``section 2(a) of such Act''; (2) in section 313(a)(4) (15 U.S.C. 77mmm(a)(4)) by striking ``subsection 311'' and inserting ``section 311(b)''; and (3) in section 317(a)(1) (15 U.S.C. 77qqq(a)(1)), by striking ``(1),'' and inserting ``(1)''. (d) Investment Company Act of 1940.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended-- (1) in section 2(a)(19) (15 U.S.C. 80a-2(a)(19)) by striking ``clause (vi)'' both places it appears in the last two sentences and inserting ``clause (vii)''; (2) in section 9(b)(4)(B) (15 U.S.C. 80a-9(b)(4)(B)), by inserting ``or'' after the semicolon at the end; (3) in section 12(d)(1)(J) (15 U.S.C. 80a-12(d)(1)(J)), by striking ``any provision of this subsection'' and inserting ``any provision of this paragraph''; (4) in section 13(a)(3) (15 U.S.C. 80a-13(a)(3)), by inserting ``or'' after the semicolon at the end; (5) in section 17(f)(4) (15 U.S.C. 80a-17(f)(4)), by striking ``No such member'' and inserting ``No member of a national securities exchange''; (6) in section 17(f)(6) (15 U.S.C. 80a-17(f)(6)), by striking ``company may serve'' and inserting ``company, may serve''; and (7) in section 61(a)(3)(B)(iii) (15 U.S.C. 80a- 60(a)(3)(B)(iii))-- (A) by striking ``paragraph (1) of section 205'' and inserting ``section 205(a)(1)''; and (B) by striking ``clause (A) or (B) of that section'' and inserting ``section 205(b)(1) or (2)''. (e) Investment Advisers Act of 1940.--The Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.) is amended-- (1) in each of the following sections, by striking ``principal business office'' or ``principal place of business'' (whichever and wherever it appears) and inserting ``principal office and place of business'': sections 203(c)(1)(A), 203(k)(4)(B), 213(a), 222(b), and 222(c) (15 U.S.C. 80b-3(c)(1)(A), 80b-3(k)(4)(B), 80b-13(a), 80b-18a(b), and 80b-18a(c)); and (2) in section 206(3) (15 U.S.C. 80b-6(3)), by inserting ``or'' after the semicolon at the end. SEC. 3. CONFORMING AMENDMENTS FOR THE REPEAL OF THE PUBLIC UTILITIES HOLDING COMPANY ACT OF 1935. (a) Securities Exchange Act of 1934.--The Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.) is amended-- (1) in section 3(a)(47) (15 U.S.C. 78c(a)(47)), by striking ``the Public Utility Holding Company Act of 1935 (15 U.S.C. 79a et seq.),''; and (2) in section 12(k) (15 U.S.C. 78l(k)), by amending paragraph (7) to read as follows: ``(7) Definition.--For purposes of this subsection, the term `emergency' means-- ``(A) a major market disturbance characterized by or constituting-- ``(i) sudden and excessive fluctuations of securities prices generally, or a substantial threat thereof, that threaten fair and orderly markets; or ``(ii) a substantial disruption of the safe or efficient operation of the national system for clearance and settlement of transactions in securities, or a substantial threat thereof; or ``(B) a major disturbance that substantially disrupts, or threatens to substantially disrupt-- ``(i) the functioning of securities markets, investment companies, or any other significant portion or segment of the securities markets; or ``(ii) the transmission or processing of securities transactions.''. (3) in section 21(h)(2) (15 U.S.C. 78u(h)(2)), by striking ``section 18(c) of the Public Utility Holding Company Act of 1935,''. (b) Trust Indenture Act of 1939.--The Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.) is amended-- (1) in section 303 (15 U.S.C. 77ccc), by amending paragraph (17) to read as follows: ``(17) The terms `Securities Act of 1933' and `Securities Exchange Act of 1934' shall be deemed to refer, respectively, to such Acts, as amended, whether amended prior to or after the enactment of this title.''; (2) in section 308 (15 U.S.C. 77hhh), by striking ``Securities Act of 1933, the Securities Exchange Act of 1934, or the Public Utility Holding Company Act of 1935'' each place it appears and inserting ``Securities Act of 1933 or the Securities Exchange Act of 1934''; (3) in section 310 (15 U.S.C. 77jjj), by striking subsection (c) (including the preceding heading); (4) in section 311 (15 U.S.C. 77kkk) by striking subsection (c); (5) in section 323(b) (15 U.S.C. 77www(b)), by striking ``Securities Act of 1933, or the Securities Exchange Act of 1934, or the Public Utility Holding Company Act of 1935'' and inserting ``Securities Act of 1933 or the Securities Exchange Act of 1934''; and (6) in section 326 (15 U.S.C. 77zzz), by striking ``Securities Act of 1933, or the Securities Exchange Act of 1934, or the Public Utility Holding Company Act of 1935,'' and inserting ``Securities Act of 1933 or the Securities Exchange Act of 1934''. (c) Investment Company Act of 1940.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended-- (1) in section 2(a)(44) (15 U.S.C. 80a-2(a)(44)), by striking ```Public Utility Holding Company Act of 1935',''; (2) in section 3(c) (15 U.S.C. 80a-3(c)), by amending paragraph (8) to read as follows: ``(8) [Repealed]''; (3) in section 38(b) (15 U.S.C. 80a-37(b)), by striking ``the Public Utility Holding Company Act of 1935,''; and (4) in section 50 (15 U.S.C. 80a-49), by striking ``the Public Utility Holding Company Act of 1935,''. (d) Investment Advisers Act of 1940.--Section 202(a)(21) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(21)) is amended by striking ```Public Utility Holding Company Act of 1935',''. Passed the House of Representatives December 6, 2007. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Securities Law Technical Corrections Act of 2007 - Makes technical corrections to the following Acts: (1) the Securities Act of 1933; (2) the Securities Exchange Act of 1934; (3) the Trust Indenture Act of 1939; (4) the Investment Company Act of 1940; and (5) the Investment Advisers Act of 1940. Amends the following statutes to make conforming amendments for the repeal of the Public Utility Holding Company Act of 1935: (1) the Securities Exchange Act of 1934; (2) the Trust Indenture Act of 1939; (3) the Investment Company Act of 1940; and (4) the Investment Advisers Act of 1940."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Free File Act of 2016''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Internal Revenue Service Free File program (hereinafter referred to as the ``IRS Free File Program'') as established by the IRS pursuant to public rulemaking and set forth in the Federal Register, Vol. 67, No. 213, Monday, November 4, 2002, pages 67247-67251, and in implementing agreements and governing rules and requirements between the IRS and the tax software and electronic industry between 2003 and 2015, has been successful and significant in the efforts of the Federal Government to increase the electronic filing of individual income tax returns of low and moderate income taxpayers. (2) By the end of the current tax return filing season more than 45,000,000 Federal individual income tax returns will have been prepared and filed electronically for free over the life of the IRS Free File program. (3) The IRS Free File program offers Federal individual income tax return preparation and electronic filing services to more than 70 percent of taxpayers, approximately 100,000,000 taxpayers at the end of the current tax filing period, with tax software and electronic filing provided at no cost to the taxpayers who use the service or to the Federal Government from tax software and electronic filing companies participating in the program. (4) By the end of the current tax return filing season, it is estimated that the IRS Free File program will have saved taxpayers approximately $1,300,000,0000 and will have saved the Federal Government about $125,000,000 in processing costs. (5) In addition to the IRS Free File Program, the Internal Revenue Service also provides Taxpayer Assistance Centers, Tax Counseling for the Elderly, and Volunteer Income Tax Assistance (VITA) programs. Each of these programs represent important sources of taxpayer assistance and provide taxpayer services through different modalities to serve low and moderate income taxpayers. SEC. 3. FREE FILE PROGRAM. (a) The Secretary of the Treasury, or the Secretary's delegate, shall continue to operate the IRS Free File Program as established by the Internal Revenue Service and published in the Federal Register on November 4, 2002 (67 Fed. Reg. 67247), including any subsequent agreements and governing rules established pursuant thereto. (b) The IRS Free File Program shall continue to provide free commercial-type online individual income tax preparation and electronic filing services to the lowest 70 percent of taxpayers by income. The number of taxpayers eligible to receive such services each year shall be calculated by the Internal Revenue Service annually based on prior year aggregate taxpayer adjusted gross income data. (c) In addition to the services described in subsection (b), and in the same manner, the IRS Free File Program shall continue to make available to all taxpayers (without regard to income) a basic, online electronic fillable forms utility. (d) The IRS Free File Program shall continue to work cooperatively with the private sector to provide the free individual income tax preparation and the electronic filing services described in subsections (b) and (c). (e) The IRS Free File Program shall work cooperatively with State government agencies to enhance and expand the use of the program to provide needed benefits to the taxpayer while reducing the cost of processing returns. (f) Nothing in this Act is intended to impact the continuity of services provided under Taxpayer Assistance Centers, Tax Counseling for the Elderly, and Volunteer Income Tax Assistance programs. SEC. 4. INNOVATIONS. (a) The Secretary of the Treasury, or the Secretary's delegate, shall work with the private sector through the IRS Free File Program to identify and implement, consistent with applicable law, innovative new program features to improve and simplify the taxpayer's experience with completing and filing individual income tax returns in voluntary compliance. (b) The Internal Revenue Service, and members of the tax software and electronic industry with whom the Internal Revenue Service works through the Free File Program, shall support and promote improvements within the program by mutually testing, piloting, and offering innovative solutions to-- (1) simplify taxpayer compliance with the internal revenue laws, (2) reduce taxpayer compliance burdens, (3) increase individual income tax return accuracy through financial data authentication, (4) strengthen the tax system against existing and emerging fraud and threats of fraud through cybersecurity collaboration, (5) avoid duplication of effort in the tax system, (6) simplify the tax system, (7) maximize the use of electronic technology, and (8) reduce information reporting burdens.", "summary": "Free File Act of 2016 This bill requires the Department of the Treasury to continue to operate the Internal Revenue Service (IRS) Free File Program. The program must work with state government agencies to enhance and expand the use of the program, while continuing to: provide free commercial-type online individual income tax preparation and electronic filing services to the lowest 70% of taxpayers by income; provide all taxpayers (regardless of income) with a basic, online electronic fillable forms utility; and work with the private sector to provide the free tax preparation and electronic filing services. Treasury must work with the private sector through the program to identify and implement innovative new program features to improve and simplify the taxpayer's experience with completing and filing individual income tax returns. The IRS and members of the tax software and electronic industry involved in the program must support and promote improvements within the program by mutually testing, piloting, and offering innovative solutions to: simplify the tax system, reduce compliance and reporting burdens, increase tax return accuracy through financial data authentication, strengthen the tax system against fraud through cybersecurity collaboration, avoid duplication, and maximize the use of electronic technology."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Patient IVIG Access Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Medicare payment for intravenous immune globulins (IVIG). Sec. 4. Coverage and payment of intravenous immune globulin in the home. Sec. 5. Collection of data and review of complexity codes for physician administration of IVIG. Sec. 6. Reports. Sec. 7. Offset. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) The 2001 report of the Medicare Payment Advisory Commission to Congress states that ``to help ensure beneficiaries' access to high-quality care, Medicare payments should correspond to the cost efficient providers incur in furnishing this care''. Payments that do not meet this objective may create barriers to access. (2) Intravenous immune globulin (IVIG) is a human blood plasma derived product, which over the past 25 years has become an invaluable therapy for many chronic conditions and illnesses, including primary immunodeficiency diseases, autoimmune, and neurological disorders. For many of these disorders, IVIG is the most effective and viable treatment available, and has dramatically improved the quality of life for persons with these conditions and has become a life-saving therapy for many. (3) The Food and Drug Administration (FDA) recognizes each IVIG brand as a unique biologic. The differences in basic fractionation and the addition of various modifications for further purification, stabilization, and virus inactivation/ removal yield clearly different biological products. As a result, IVIG therapies are not interchangeable, with patient tolerance differing from one IVIG brand to another. (4) The report of the Office of the Assistant Secretary for Planning and Evaluation (ASPE), Department of Health and Human Services (DHHS), ``Analysis of Supply, Distribution, Demand, and Access Issues Associated with Immune Globulin Intravenous (IGIV)'', issued in May 2007, found that IVIG manufacturing is complex and requires substantial upfront cash outlay and planning and takes between 7 and 12 months from plasma collection at donor centers to FDA lot release. (5) The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 changed Medicare's reimbursement methodology for IVIG from average wholesale price (AWP) to average sales price plus 6 percent (ASP+6), effective January 1, 2005, for physicians, and January 1, 2006, for hospital outpatient departments, thereby reducing reimbursement rates paid to these providers of IVIG on behalf of Medicare beneficiaries. (6) An Office of the Inspector General (OIG) April 2007 report, Intravenous Immune Globulin: Medicare Payment and Availability, found that Medicare reimbursement for IVIG was inadequate to cover the cost many providers must pay for the product. During the third quarter of 2006, 44 percent of IVIG sales to hospitals and 41 percent of sales to physicians by the three largest distributors occurred at prices above Medicare payment amounts. (7) The ASPE report notes that after the new reimbursement rules for physicians were instituted in 2005, 42 percent of Medicare beneficiaries who had received their IVIG treatment in their physician's office at the end of 2004 were shifted to the hospital outpatient setting by the beginning of 2006. This shift in site of care has resulted in lack of continuity of care and adverse impact on health outcomes and quality of life. (8) The OIG also reported that 61 percent of responding physicians indicated that they had sent patients to hospitals for IVIG treatment, largely because of their inability to purchase IVIG at prices below the Medicare payment amounts. In addition, OIG found that some physicians had stopped providing IVIG to Medicare beneficiaries altogether. (9) The OIG's 2007 report concluded that whatever improvement some providers saw in the relationship of Medicare reimbursement for IVIG to prices paid during the first three quarters of 2006 would be eroded if manufacturers were to increase prices for IVIG in the future. (10) The Centers for Medicare & Medicaid Services, in recognition of dislocations experienced by patients and providers in obtaining IVIG since the change to the ASP+6 reimbursement methodology, has provided during 2006 and 2007 a temporary additional payment for IVIG preadministration-related services to compensate physicians and hospital outpatient departments for the extra resources they have had to expend in locating and obtaining appropriate IVIG products and in scheduling patient infusions. (11) The Medicare Modernization Act of 2003 (MMA) established an IVIG home infusion benefit for persons with primary immunodeficiency disease (PIDD), paying only for IVIG and specifically excluding coverage of items and services related to administration of the product. (12) The ASPE report, Analysis of Supply, Distribution, Demand, and Access Issues Associated with Immune Globulin Intravenous (IGIV), found that Medicare's IVIG home infusion benefit is not designed to reimburse for more than the cost of IVIG and does not cover the cost of infusion services (for example, nursing and clinical services and supplies) in the home. As a consequence, the report found that home infusion providers generally do not accept new PIDD patients with only Medicare coverage. These limitations in service are caused by health care providers-- (A) not being able to acquire IVIG at prices at or below the Medicare part B reimbursement level; and (B) not being reimbursed for the infusion services provided by a nurse. (13) Physicians administering IVIG to Medicare beneficiaries are reimbursed at the same low complexity level as the administration of antibiotics. However the administration of IVIG requires special preparation and handling, involves significant patient risk, and prolonged nursing time to monitor the patient during infusion. SEC. 3. MEDICARE PAYMENT FOR INTRAVENOUS IMMUNE GLOBULINS (IVIG). (a) In General.--Section 1842(o) of the Social Security Act (42 U.S.C. 1395u(o)) is amended-- (1) in paragraph (1)(E)(ii), by inserting before the period the following: ``, plus an additional amount (if applicable) under paragraph (7)''; (2) in paragraph (7), by striking ``(6)'' and inserting ``(7)'' and by redesignating it as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: ``(7)(A) Not later than 6 months after the date of the enactment of the Medicare Patient IVIG Access Act of 2009, the Secretary shall-- ``(i) collect data on the differences, if any, between payments to physicians for immune globulins under paragraph (1)(E)(ii) and costs incurred by physicians for furnishing these products; and ``(ii) review available data, including survey data presented by members of the IVIG community and pricing data collected by the Federal Government, on the access of individuals eligible for services under this part to immune globulins. ``(B) Upon completion of the review and collection of data under subparagraph (A), and not later than 7 months after the date of the enactment of this paragraph, the Secretary shall provide, if appropriate, to physicians furnishing immune globulins, a payment, in addition to the payment provided for in paragraph (1)(E)(ii), for all items related to the furnishing of immune globulins, in an amount that the Secretary determines to be appropriate. Such payment shall continue for a period of 2 years beginning on the date such additional payment is first provided under this subparagraph.''. (b) As Part of Hospital Outpatient Services.--Section 1833(t)(14) of such Act (42 U.S.C. 1395l(t)(14)) is amended-- (1) in subparagraph (A)(iii), in the matter preceding subclause (I), by striking ``subparagraph (E)'' and inserting ``subparagraphs (E) and (I)''; and (2) by adding at the end the following new subparagraph: ``(I) Additional payment for immune globulins.-- ``(i) Data collection and review.--Not later than 6 months after the date of the enactment of the Medicare Patient IVIG Access Act of 2009, the Secretary shall-- ``(I) review available data, including survey data presented by members of the IVIG community and pricing data collected by the Federal Government, on the access of individuals eligible for services under this part to immune globulins; and ``(II) collect data on the differences, if any, between payments for immune globulins under subparagraph (A)(iii) and costs incurred for furnishing these products. ``(ii) Additional payment authority.--Upon completion of the review and collection of data under clause (i), and not later than 7 months after the date of the enactment of this subparagraph, the Secretary shall provide, if appropriate, to hospitals furnishing immune globulins as part of a covered OPD service, a payment, in addition to the payment provided for under subparagraph (A)(iii), for all items related to the furnishing of immune globulins, in an amount that the Secretary determines to be appropriate. Such payment shall continue for a period of 2 years beginning on the date such additional payment is first provided under this clause.''. SEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE HOME. (a) Including Coverage of Administration.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)(Z), by inserting ``and items and services related to the administration of intravenous immune globulin'' after ``globulin''; and (2) in subsection (zz), by striking ``but not including items or services related to the administration of the derivative,''. (b) Payment for Intravenous Immune Globulin Administration in the Home.--Section 1842(o) of such Act (42 U.S.C. 1395u(o)), as amended by section 3(a), is amended-- (1) in paragraph (1)(E)(ii), by striking ``paragraph (7)'' and inserting ``paragraph (7) or (8)''; (2) by redesignating paragraph (8) as paragraph (9); and (3) by inserting after paragraph (7) the following new paragraph: ``(8)(A) Subject to subparagraph (B), in the case of intravenous immune globulins described in section 1861(s)(2)(Z) that are furnished on or after January 1, 2010, the Secretary shall provide for a separate payment for items and services related to the administration of such intravenous immune globulins in an amount that the Secretary determines to be appropriate based on a review of available published and unpublished data and information, including the Study of Intravenous Immune Globulin Administration Options: Safety, Access, and Cost Issues conducted by the Secretary (CMS Contract #500-95-0059). Such payment amount may take into account the following: ``(i) Pharmacy overhead and related expenses. ``(ii) Patient service costs. ``(iii) Supply costs. ``(B) The separate payment amount provided under this paragraph for intravenous immune globulins furnished in 2010 or a subsequent year shall be equal to the separate payment amount determined under this paragraph for the previous year increased by the percentage increase in the medical care component of the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to intravenous immune globulin administered on or after January 1, 2010. SEC. 5. COLLECTION OF DATA AND REVIEW OF COMPLEXITY CODES FOR PHYSICIAN ADMINISTRATION OF IVIG. (a) Data Collection.--The Secretary of Health and Human Services may enter into a contract for the collection of data, by not later than 6 months after the date of the enactment of this Act, on the practice of IVIG infusion, including collection of data on the complexity of such infusions. (b) Data Review.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall review data collected under such contract as well as data submitted by members of the medical community related to the current infusion payment codes under part B of title XVIII of the Social Security Act. (c) Modification of Codes.--Upon completion of any data collection under subsection (a) and the review under subsection (b) and not later than 7 months after the date of the enactment of this Act, the Secretary shall-- (1) provide notice to the appropriate Medicare administrative contractors regarding which existing infusion codes shall be used for purposes of IVIG reimbursement under part B of title XVIII of the Social Security Act; or (2) submit to Congress and the RBRUS Committee (RUC) a report on why an additional infusion payment code is necessary. SEC. 6. REPORTS. (a) Report by the Secretary.--Not later than 7 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the following: (1) The results of the data collection and review conducted by the Secretary under subparagraph (A) of section 1842(o)(7) of the Social Security Act, as added by section 3(a), and clause (i) of section 1833(t)(14)(I) of such Act, as added by section 3(b). (2) Whether the Secretary plans to use the authority under subparagraph (C) of such section 1842(o)(7) and clause (iii) of such section 1833(t)(14)(I) of such Act to provide an additional payment to physicians furnishing intravenous immune globulins and, if the Secretary does not plan to use such authority, the reasons why the payment is appropriate without such an additional payment based on the data collected and reviewed. (b) MedPAC Report.--Not later than 2 years after the date of the enactment of this Act, the Medicare Payment Advisory Commission shall submit a report to the Secretary and to Congress that contains the following: (1) In the case where the Secretary has used the authority under sections 1842(o)(7)(C) and 1833(t)(14)(I)(iii) of the Social Security Act, as added by subsections (a) and (b), respectively, of section 3 to provide an additional payment to physicians furnishing intravenous immune globulins during the preceding year, an analysis of whether beneficiary access to intravenous immune globulins under the Medicare program under title XVIII of the Social Security Act has improved as a result of the Secretary's use of such authority. (2) An analysis of the appropriateness of implementing a new methodology for payment for intravenous immune globulins under part B of title XVIII of the Social Security Act (42 U.S.C. 1395k et seq.). (3) An analysis of the feasibility of reducing the lag time with respect to data used to determine the average sales price under section 1847A of the Social Security Act (42 U.S.C. 1395w-3a). (4) Recommendations for such legislation and administrative action as the Medicare Payment Advisory Commission determines appropriate. SEC. 7. OFFSET. Section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)) is amended by adding at the end the following: ``Such term includes disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer.''.", "summary": "Medicare Patient IVIG Access Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to collect data on the differences, if any, between: (1) payments to physicians for immune globulins using average sales price payment methodology; and (2) costs incurred by physicians for furnishing these products. Requires the Secretary also to review data on the access of eligible individuals to immune globulins. Requires the Secretary, after completion of the review, to provide, if appropriate, an additional payment to such physicians for all items related to the furnishing of immune globulins as part of hospital outpatient services. Provides for Medicare coverage of and payment for intravenous immune globulin (IVIG) administered in the home. Allows the Secretary to contract for the collection of data on the practice of IVIG infusion. Directs the Secretary to review data collected under such a contract as well as data submitted by members of the medical community related to the current infusion payment codes under part B (Supplementary Medical Insurance) of SSA title XVIII. Requires the Secretary, upon completion of any data collection and review, to: (1) notify the appropriate Medicare administrative contractors regarding which existing infusion codes shall be used for purposes of part B IVIG reimbursement; or (2) report to Congress and the RBRUS Committee (RUC) on why an additional infusion payment code is necessary. Extends the meaning of durable medical equipment to include disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Securely Expediting Clearances Through Reporting Transparency Act of 2018'' or the ``SECRET Act of 2018''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Bureau'' means the National Background Investigations Bureau of the Office; (2) the term ``Director'' means the Director of National Intelligence acting as the Security Executive Agent; and (3) the term ``Office'' means the Office of Personnel Management acting as the Suitability and Credentialing Executive Agent. SEC. 3. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE INVESTIGATIONS. Not later than 90 days after the date of enactment of this Act, and quarterly thereafter for 5 years, the Director of the Bureau, in coordination with the Director, shall submit to Congress a report on the backlog of personnel security clearance investigations at the Bureau for the most recent full calendar quarter, which shall include-- (1) the size of the backlog of personnel security clearance investigations of the Bureau, including, for each sensitivity level-- (A) the number of interim clearances granted; (B) the number of initial investigations for Federal employees; (C) the number of periodic reinvestigations for Federal employees; (D) the number of initial investigations for employees of Federal contractors; (E) the number of periodic reinvestigations for employees of Federal contractors; (F) the number of initial investigations for employees of, and employees of contractors of, the Department of Defense; (G) the number of periodic reinvestigations for employees of and employees of contractors of the Department of Defense; (H) the number of employees of the Bureau conducting background investigations for the Bureau; and (I) the number of employees of contractors of the Bureau conducting background investigations for the Bureau; (2) the average length of time, for each sensitivity level, for the Bureau to carry out an initial investigation and a periodic reinvestigation; (3) a discussion of the factors contributing to the average length of time to carry out an initial investigation and a periodic reinvestigation; (4) a backlog mitigation plan, which shall include-- (A) the identification of the cause of, and recommendations to remedy, the backlog at the Bureau; (B) the steps the Director of the Bureau shall take to reduce the backlog; (C) process reforms to improve efficiencies in, and the quality of, background investigations by the Bureau; and (D) a projection of when the backlog at the Bureau will be sufficiently reduced to meet required timeliness standards; and (5) a description of improvements in the information and data security of the Bureau. SEC. 4. REPORT ON SECURITY CLEARANCE INVESTIGATIONS OF PERSONNEL OF THE EXECUTIVE OFFICE OF THE PRESIDENT. Not later than 90 days after the date of enactment of this Act, the Director of the Office of Administration of the Executive Office of the President, in coordination with the Director and the Director of the Office, shall submit to Congress a report that explains the process for conducting and adjudicating security clearance investigations for personnel of the Executive Office of the President, including personnel of the White House Office. SEC. 5. REPORT ON COSTS ASSOCIATED WITH BIFURCATED BACKGROUND INVESTIGATION SYSTEMS. Not later than 120 days after the date of enactment of this Act, the Director of the Office, in consultation with the other members of the Suitability and Security Clearance Performance Accountability Council established under Executive Order 13467 (73 Fed. Reg. 38103) and the Under Secretary of Defense for Intelligence, shall submit to Congress a report on the cost of maintaining comprehensive background investigations capability within the Office under the control or direction of the Bureau and a background investigations capability for Department of Defense personnel under the control or direction of the Department of Defense for implementation of the plan referenced in section 925 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91), as compared to the cost of sustaining a single Government-wide background investigations enterprise. SEC. 6. REPORTS ON CONTINUOUS EVALUATION, RECIPROCITY, AND TIMELINESS MEASURES. Not later than 120 days after the date of enactment of this Act, the Director shall submit to Congress reports that provide-- (1) the status of implementing continuous evaluation Government-wide, including-- (A) the number of agencies with continuous evaluation programs and how many of those programs are currently conducting automated records checks of the required data sources as identified by the Director; and (B) a discussion of the barriers for agencies to implement continuous evaluation programs, including any requirement under a statute, regulation, Executive Order, or other administrative requirement; (2) a detailed explanation of efforts by agencies to meet requirements for reciprocal recognition to access classified information, including-- (A) the range of the length of time for agencies to grant reciprocal recognition to access classified information; (B) additional requirements for reinvestigations or readjudications, by agency; and (C) any other barriers to the timely granting of reciprocity, by agency, including any requirement under a statute, regulation, Executive Order, or other administrative requirement; and (3) a review of whether the schedule for processing security clearances under section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) should be modified. SEC. 7. REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE. (a) Definitions.--In this section-- (1) the term ``agency'' has the meaning given the term in Executive Order 13467 (73 Fed. Reg. 38103), or any successor thereto; (2) the term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; (3) the term ``background investigation'' means any investigation required for the purpose of determining the-- (A) eligibility of a covered individual for logical and physical access to Federally controlled facilities or information systems; (B) suitability or fitness of a covered individual for Federal employment; (C) eligibility of a covered individual for access to classified information or to hold a national security sensitive position; or (D) fitness of a covered individual to perform work for or on behalf of the United States Government as a contractor employee; and (4) the term ``covered individual''-- (A) means a person who performs work for or on behalf of the executive branch or seeks to perform work for or on behalf of the executive branch; (B) is not limited to Federal employees; (C) includes all persons, not excluded under subparagraph (D), who require eligibility for access to classified information or eligibility to hold a sensitive position, including, but not limited to, contractors, subcontractors, licensees, certificate holders, grantees, experts, consultants, and government employees; and (D) does not include-- (i) the President; (ii) employees of the President under section 105 or 107 of title 3, United States Code (except to the extent otherwise directed by the President); (iii) the Vice President; or (iv) employees of the Vice President under section 106 of title 3, United States Code, or an annual legislative branch appropriations Act (except to the extent otherwise directed by the Vice President). (b) Review and Updating.-- (1) Initial review and update of guidance.--Not later than 180 days after the date of enactment of this Act, the Director and the Director of the Office shall review and make recommendations to Congress and the President as appropriate to issue guidance to assist agencies in determining-- (A) position sensitivity designation; and (B) the appropriate background investigation to initiate for each position designation. (2) Reviews and revisions of position designations.--Not less frequently than every 4 years, the President, acting through relevant agencies (as determined by the President) and in accordance with the guidance described in paragraph (1), shall review and, if necessary, revise the position designation of positions within agencies. (c) Reports to Congress.--Not later than 30 days after completing a review under subsection (b)(2), the President shall submit to the appropriate congressional committees a report on-- (1) any issues identified in the review; and (2) the number of position designations revised as a result of the review. (d) No Change in Authority.--Nothing in this section limits or expands the authority of any agency to designate a position as sensitive or as requiring its occupant to have access to classified information. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Securely Expediting Clearances Through Reporting Transparency Act of 2018 or the SECRET Act of 2018 (Sec. 3) This bill requires the National Background Investigations Bureau (NBIB) within the Office of Personnel Management (OPM) to report on its backlog of security clearance investigations. The report must include a backlog mitigation plan identifying the cause of, and making recommendations to remedy, the backlog. (Sec. 4) The Executive Office of the President must report on the process for conducting and adjudicating security clearance investigations for the President's staff. (Sec. 5) The OPM must report on the costs of maintaining comprehensive background investigations capability within both the NBIB and the Department of Defense, compared to the costs of sustaining a single government-wide background investigations enterprise. (Sec. 6) The Office of the Director of National Intelligence (ODNI) must report on: (1) the status of implementing government-wide continuous evaluation programs, (2) efforts by federal agencies to meet requirements for reciprocal recognition to access classified information, and (3) whether the schedule for processing security clearances should be modified. (Sec. 7) The ODNI and the OPM must review and make recommendations to Congress and the President, as appropriate, to issue guidance to assist agencies in determining: (1) position sensitivity designation, and (2) the appropriate background investigation to initiate for each position designation. The President must report on any issues identified in, and the number of position designations revised as a result of, the review."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Library Donation Reform Act of 2016''. SEC. 2. PRESIDENTIAL LIBRARIES. (a) In General.--Section 2112 of title 44, United States Code, is amended by adding at the end the following new subsection: ``(h) Presidential Library Fundraising Organization Reporting Requirement.-- ``(1) Reporting requirement.--Not later than 15 days after the end of a calendar quarter and until the end of the requirement period described in paragraph (2), each Presidential library fundraising organization shall submit to the Archivist information for that quarter in an electronic searchable and sortable format with respect to every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period. ``(2) Duration of reporting requirement.--The requirement to submit information under paragraph (1) shall continue until the later of the following occurs: ``(A) The Archivist has accepted, taken title to, or entered into an agreement to use any land or facility for the Presidential archival depository for the President for whom the Presidential library fundraising organization was established. ``(B) The President whose archives are contained in the deposit no longer holds the Office of President. ``(3) Information required to be published.--The Archivist shall publish on the website of the National Archives and Records Administration, within 30 days after each quarterly filing, any information that is submitted under paragraph (1), without a fee or other access charge in a downloadable database. ``(4) Submission of false material information prohibited.-- ``(A) Individual.-- ``(i) Prohibition.--It shall be unlawful for any person who makes a contribution described in paragraph (1) to knowingly and willfully submit false material information or omit material information with respect to the contribution to an organization described in such paragraph. ``(ii) Penalty.--The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of clause (i) in the same manner as a violation described in such section. ``(B) Organization.-- ``(i) Prohibition.--It shall be unlawful for any Presidential library fundraising organization to knowingly and willfully submit false material information or omit material information under paragraph (1). ``(ii) Penalty.--The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of clause (i) in the same manner as a violation described in such section. ``(5) Prohibition on contribution.-- ``(A) In general.--It shall be unlawful for a person to knowingly and willfully-- ``(i) make a contribution described in paragraph (1) in the name of another person; ``(ii) permit his or her name to be used to effect a contribution described in paragraph (1); or ``(iii) accept a contribution described in paragraph (1) that is made by one person in the name of another person. ``(B) Penalty.--The penalties set forth in section 309(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)) shall apply to a violation of subparagraph (A) in the same manner as if such violation were a violation of section 316(b)(3) of such Act (2 U.S.C. 441b(b)(3)). ``(6) Regulations required.--The Archivist shall promulgate regulations for the purpose of carrying out this subsection. ``(7) Definitions.--In this subsection: ``(A) Information.--The term `information' means the following: ``(i) The amount or value of each contribution made by a contributor referred to in paragraph (1) in the quarter covered by the submission. ``(ii) The source of each such contribution, and the address of the entity or individual that is the source of the contribution. ``(iii) If the source of such a contribution is an individual, the occupation of the individual. ``(iv) The date of each such contribution. ``(B) Presidential library fundraising organization.--The term `Presidential library fundraising organization' means an organization that is established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at-- ``(i) a Presidential archival depository; or ``(ii) any facilities relating to a Presidential archival depository.''. (b) Applicability.--Section 2112(h) of title 44, United States Code (as added by subsection (a))-- (1) shall apply to an organization established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository before, on, or after the date of the enactment of this Act; and (2) shall only apply with respect to contributions (whether monetary or in-kind) made after the date of the enactment of this Act. SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives January 11, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": "Presidential Library Donation Reform Act of 2016 (Sec. 2) This bill requires each presidential library fundraising organization to submit quarterly reports to the National Archives and Records Administration (National Archives) on every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period. The Archivist of the United States shall publish such information on the website of the National Archives within 30 days after each quarterly filing. It shall be unlawful for contributors or fundraising organizations knowingly and willfully to submit false information or omit material information. Prescribes criminal penalties for violation of this prohibition. (Sec. 3) No additional funds are authorized to carry out this Act's requirements. Such requirements shall be carried out using amounts otherwise authorized."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Tribe'' means the Swan Creek and Black River Confederated Ojibwa Tribes of Michigan; (2) the term ``member'' means an individual who is eligible for enrollment in the Tribe pursuant to section 4; and (3) the term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS. The Congress finds the following: (1) The Tribe is the descendant of, and political successor to, the signatories of the 1785 Treaty of McIntosh (7 Stat. 16); the 1789 Treaty of Fort Harmar (7 Stat. 28); the 1795 Treaty of Greenville (7 Stat. 49); the 1805 Treaty with the Wyandot (7 Stat. 87); the 1807 Treaty of Detroit (7 Stat. 105); the 1808 Treaty of Detroit (7 Stat. 112); the Treaty of 1815 (7 Stat. 131); the Treaty of 1816 (7 Stat. 146); the Treaty of 1817 (7 Stat. 160); the Treaty of 1833 (7 Stat. 431); the 1836 Treaty of Washington (7 Stat. 503); the 1855 Treaty of Detroit (11 Stat. 633); and the Treaty of 1864 (14 Stat. 657). (2) The aboriginal lands of the Tribe comprise the area which is now known as Monroe, Shiawassee, Lenawee, Wayne, Oakland, Macomb, St. Clair, Lapeer, Sanilac, Livingston, Washtenaw, Genesee, and Tuscola Counties in southeastern lower Michigan. The boundaries of the Tribe's aboriginal lands extend from Monroe County in the Southeast, to Sanilac County in the North, to Genesee County in the West. (3) The cession treaties, from the 1807 Treaty of Detroit through the 1836 Treaty of Washington, legitimated seizure of tribal lands by settlers, forced the Tribe to relinquish most of its rich aboriginal lands in southeastern Michigan, relegating the Tribe to small tracts of land in Macomb, Wayne, Washtenaw, and St. Clair counties in Michigan, and its members to small annuity payments by the United States. (4) The 1836 Treaty of Washington compelled the Tribe to relinquish the small tracts of land granted in the 1807 Treaty of Detroit, purportedly in exchange for future annuity payments and an equivalent amount of land in Kansas. The 1807 treaty did not require the Tribe to relocate to the lands in Kansas and only 51 members actually did so. According to the 1845 United States Richmond census documents, the majority of the Tribe migrated north to Lapeer County, Michigan or remained in the counties of Macomb, Wayne, Washtenaw, and St. Clair. (5) Pursuant to the 1855 Treaty of Detroit, members of the Tribe were requested to relocate from their homes in Lapeer, Macomb, Wayne, Washtenaw, and St. Clair counties in Michigan to non-aboriginal lands further north in Isabella County, Michigan, where tribal members were entitled to individual land allotments. Many members remained in Lapeer, Macomb, Wayne, Washtenaw, and St. Clair counties. For the administrative convenience of the Federal Government, the 1855 Treaty of Detroit also relocated the Saginaw Band of Chippewa Indians, including some Potowatomis and Ottawas to the newly-established reservation lands in Isabella County. Article 6 of that treaty also provided that the organization of the Tribe and of the Saginaw Band of Chippewa Indians was dissolved, ``except so far as may be necessary for the purpose of carrying into effect'' the provisions of the treaty. (6) Another 1855 Treaty of Detroit (11 Stat. 624) similarly grouped different bands of Ottawa and Chippewa Indians for administrative convenience. Article 5 of that treaty provided for dissolution of the organization of these bands except so far as may be necessary for the purpose of carrying into effect the provisions of that treaty. Subsequent judicial interpretation of that article determined that its intent was to dissolve the Federal Government's fictional coupling of these tribes, not to destroy their independent sovereign existence. Public Law 103-324 confirmed this interpretation by reaffirming the Federal recognition of the Little River Band of Ottawa Indians as a tribe separate and distinct from the Chippewa Indians. (7) The Treaty of 1864 confirmed continued Federal acknowledgement of the Tribe by specifically naming the Swan Creek and Black River Chippewas in that treaty's preamble. (8) Over time and without justification, the Federal Government unilaterally withdrew from the Federal relationship established with the Tribe through the aforementioned treaties. The Tribe brought suit against the Federal Government for amounts past due under the treaties. In 1910 and 1924, the Congress enacted jurisdictional acts (36 Stat. 829 and 43 Stat. 137, respectively) to enable the Tribe and the Saginaw Band of Chippewa to file their respective claims against the United States. These claims, filed in 1927, were later incorporated into Indian Claims Commission Dockets 57, 59, and 13-E, and United Claims Court Docket 13-F. (9) Beginning in 1935, the Tribe petitioned for reorganization and assistance pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly referred to as the ``Indian Reorganization Act''). Due to misinterpretation of Article 6 of the 1855 Treaty of Detroit, the Commissioner of Indian Affairs concluded that the Tribe could not organize separately from the Saginaw Band of Chippewa Indians. Due to the lack of funding available for tribal land acquisition, the Swan Creek Black River Ojibwa Bands were unable to purchase their own reservation lands. (10) In 1939, agents of the Federal Government made an administrative decision not to provide services or extend the benefits of the Indian Reorganization Act to any additional Indian tribes located in Michigan's lower peninsula, as recognized by the 1807 Treaty of Detroit (7 Stat. 105), the 1819 Treaty of Saginaw (7 Stat. 203), the March 28, 1836 Treaty of Washington (7 Stat. 491), and the May 9, 1836 Treaty of Washington (7 Stat. 503). (11) In 1986, Congress enacted Public Law 99-346 (100 Stat. 674) to distribute judgment funds awarded in settlement of the claims brought by the Tribe and the Saginaw Band in Dockets 57, 59, 13-E, and 13-F in a nondiscriminatory manner to the claimants and their descendants. This Act, like the jurisdictional Acts of 1910 and 1924, contained no clear and unambiguous intent to terminate the Federal relationship with the Tribe. To the contrary, these Acts acknowledged that the Tribe possessed collective sovereign rights in tribal lands and funds, a primary criterion for Federal recognition. (12) Despite administrative denials of requests by the Tribe to organize its own federally recognized tribal government, the Tribe continued to carry out its governmental functions through various formal and informal political and social structures, including a Tribal Council. Between 1937 and 1991, the Tribe conducted many of its government functions through associations organized by Swan Creek members, including the Saginaw Rural and Urban Indian Association. In 1991, the Tribe chartered a State-sanctioned, non-profit tribal government and agreed to seek Federal recognition of its confederation of Swan Creek and Black River Ojibwa Bands as a distinct tribe. (13) Other tribes in Michigan, whose members are descendants of the signatories to one or more of the treaties listed in paragraph (1) have been recognized by the Federal Government as distinct Indian tribes, including the Pokagon Band of Potawatomi Indians, the Huron Potawatomi Band of Indians, the Grand Traverse Band of Ottawa and Chippewa Indians, the Sault St. Marie Tribe of Chippewa Indians, the Bay Mills Band of Chippewa Indians, the Saginaw Chippewa Tribe of Michigan, and the Little Traverse Bay Bands of Odawa Indians. (14) The Tribe has at least 300 eligible members who continue to reside close to what was recognized in the 1807 Treaty of Detroit as their ancestral homelands in southeastern lower Michigan. (15) The United States Government, the government of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Tribe since 1785. (16) In light of the treaty relations between the Tribe and the United States, the Tribe's recognition as a tribe in Acts of Congress, and Federal recognition of the Tribe's rights in tribal lands and funds, it is appropriate for Congress to reaffirm and clarify the Federal relationship of the Tribe in the same manner as Congress has reaffirmed Federal recognition of the Lac Vieux Desert Band of Lake Superior Chippewa Indians, the Pokagon Band of Potawatomi Indians, the Little Traverse Bay Bands of Odawa Indians, and the Little River Band of Ottawa Indians. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians is hereby affirmed. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly referred to as the ``Indian Reorganization Act''), which are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. (b) Federal Services and Benefits.-- (1) In general.--The Tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all future services and benefits furnished to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. (2) Service area.--For purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall be deemed to be the area comprised of Monroe, Shiawassee, Lenawee, Wayne, Oakland, Macomb, St. Clair, Lapeer, Sanilac, Washtenaw, Genesee, and Tuscola Counties in southeastern lower Michigan. Such services shall be provided notwithstanding the establishment of a reservation for the Tribe after the date of enactment of this Act. Services may be provided to members outside the named service area unless prohibited by law or regulation. SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--All rights and privileges of the Tribe, and the members thereof, which may have been abrogated or diminished before the date of enactment of this Act are hereby reaffirmed. (b) Existing Rights of Tribe.--Nothing in this Act shall be construed to diminish any right or privilege of the Tribe, or the members thereof, that existed prior to the date of enactment of this Act. Except as otherwise specifically provided in any other provision of this Act, nothing in this Act shall be construed as altering or affecting any legal or equitable claim the Tribe might have to enforce any right or privilege reserved by or granted to the Tribe which was wrongfully denied to or taken from the Tribe prior to the enactment of this Act. SEC. 6. TRIBAL LANDS. The Tribe's tribal lands shall consist of all real property, now or hereafter held by, or in trust for, the Tribe. The Secretary shall acquire real property for the benefit of the Tribe. Any such property shall be taken by the Secretary in the name of the United States in trust for the benefit of the Tribe and shall become part of the Tribe's reservation. All lands restored to the Tribe pursuant to this section, whether now or hereafter held, shall be within those lands previously ceded by the Tribe in the 1807 Treaty of Detroit (7 Stat. 105). SEC. 7. MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Tribe shall submit to the Secretary membership rolls consisting of all individuals eligible for membership in the Tribe. The qualifications for inclusion on the membership rolls of the Tribe shall be determined by the membership clause in the governing documents of the Tribe in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Tribe shall ensure that such rolls are maintained and kept current. SEC. 8. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot and in accordance with the provisions of section 16 of the Act of June 18, 1934 (25 U.S.C. 476), an election to adopt a constitution and bylaws for the Tribe. (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of enactment of this Act shall be the interim governing documents for the Tribe. (b) Officials.-- (1) Election.--Not later than 6 months after the Tribe adopts a constitution and bylaws pursuant to subsection (a), the Secretary shall conduct elections by secret ballot for the purpose of electing officials for the Tribe as provided in the constitution. The election shall be conducted according to the procedures described in subsection (a) except to the extent that such procedures conflict with the constitution of the Tribe. (2) Interim government.--Until such time as the Tribe elects new officials pursuant to paragraph (1), the governing body of the Tribe shall be the governing body in place on the date of the enactment of this Act, or any new governing body selected under the election procedures specified in the interim governing documents of the Tribe. SEC. 9. JURISDICTION. The Tribe shall have jurisdiction to the full extent allowed by law over all lands taken into trust for the benefit of the Tribe by the Secretary. The Tribe shall exercise jurisdiction over all its members who reside within its service area, as specified in section 4(b)(2) in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) as if the members were residing upon a reservation as defined in that Act.", "summary": "Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act - Reaffirms Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians as a distinct Indian tribe. Provides for the Tribe's tribal lands to be taken by the Secretary of Interior in trust for the benefit of the Tribe. Directs the Secretary of the Interior to conduct by secret ballot an election to adopt a constitution and bylaws for the Tribe."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wastewater Treatment Operator Training and Certification Act of 1993''. SEC. 2. OPERATOR TRAINING. Section 109 of the Federal Water Pollution Control Act (33 U.S.C. 1259) is amended to read as follows: ``SEC. 109. OPERATOR TRAINING. ``(a) National Program.-- ``(1) In general.--The Administrator shall develop and implement a national program to train individuals in the operation of municipal and industrial wastewater treatment works and other facilities with a water pollution control purpose. ``(2) Requirements for training program.--The training program under this section shall include-- ``(A) the preparation of undergraduate students enrolled in institutions of higher education to enter an occupation that involves the design, operation, and maintenance of wastewater treatment works; ``(B) inservice training to improve and advance the knowledge and skills of individuals employed in fields related to the design, operation, and maintenance of wastewater treatment works; and ``(C) preservice training to be provided to high school graduates who are not employed to carry out the operation and maintenance of a wastewater treatment works at the time the training is provided. ``(b) Training Program Grants.-- ``(1) In general.--The Administrator shall make grants to, or offer to enter into contracts with, the appropriate officials of institutions of higher education, or combinations of the institutions, and State agencies to support the development and implementation of wastewater treatment training programs pursuant to this section. ``(2) Guidance.--Not later than 1 year after the date of enactment of paragraph (5), the Administrator shall publish guidance that specifies the minimum elements of the wastewater training programs referred to in paragraph (1). The guidance shall indicate the relative emphasis that shall be given to-- ``(A) facility design, operation, and maintenance; ``(B) undergraduate, inservice, and preservice training; and ``(C) training for industrial and municipal facilities. ``(3) Solicitation of proposals.--Not later than 18 months after the date of enactment of paragraph (5), the Administrator shall solicit proposals from institutions of higher education, or combinations of the institutions, and State agencies to provide training services. ``(4) Training grants.--The Administrator shall, to the extent adequate funds are available, award training grants to institutions of higher education, or combinations of the institutions, and State agencies for each fiscal year. ``(5) Considerations for awarding grants.--In awarding a training grant under this subsection, the Administrator shall consider-- ``(A) the demonstrated capability of the applicant to provide training services; ``(B) the degree to which the proposed program is consistent with the guidance published pursuant to paragraph (2); ``(C) the results of any evaluation conducted pursuant to paragraph (7); and ``(D) the degree to which the geographic area to be served by the program that is the subject of the grant proposal will, in combination with other programs funded pursuant to this section, ensure the reasonable availability of training programs throughout the United States. ``(6) Allocation of grants.--In allocating available grant funds among training programs, the Administrator shall consider the need for training in the area served, as reflected in the report to Congress issued pursuant to section 112(b). ``(7) Review and evaluation.--The Administrator shall provide for the review and evaluation of each training program that receives funding pursuant to this section not later than 3 years after the program initially receives the funding, and every 3 years thereafter. ``(c) Training Needs.--The Administrator shall develop and maintain a system for forecasting the supply of, and demand for, various professional and other occupational categories needed for the prevention, reduction, and elimination of water pollution in each region, State, or area of the United States.''. SEC. 3. OPERATOR CERTIFICATION. (a) In General.--Section 110 of the Federal Water Pollution Control Act (33 U.S.C. 1260) is amended to read as follows: ``SEC. 110. OPERATOR CERTIFICATION. ``(a) In General.-- ``(1) Certification.--The Chief Operator of a publicly owned treatment works that has a permit issued pursuant to section 402, and such additional personnel as may be designated by the Administrator, shall be required to be certified as proficient pursuant to this section by a State that has a certification program that is approved by the Administrator. ``(2) Effective date.--The requirement referred to in paragraph (1) shall become effective on the date that is 4 years after the date of enactment of paragraph (4), unless the Administrator extends the effective date pursuant to paragraph (3). ``(3) Extension.--The Administrator may extend the effective date of the requirement referred to in paragraph (1) for a period of not to exceed 3 years on a facility-specific basis if the Administrator determines that, with respect to a facility, adequate opportunity to seek certification did not exist during the period described in paragraph (2). ``(4) Certification granted to individual.--Each certification of proficiency issued by the appropriate official of a State under this section shall be granted to the individual that receives the certification and shall not be granted to the treatment works where the individual is employed. ``(5) Period of certification.--A certification of proficiency issued under this section shall be effective during the 5-year period beginning on the date of certification. An individual may be recertified on termination of the 5-year period (and on termination of each subsequent 5-year period) if the individual complies with inservice training and related education requirements for the certification. ``(6) Statutory construction.--Nothing in this section is intended to be construed to prevent a State from requiring more frequent certification than is specified in paragraph (5). ``(b) Guidelines.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall publish guidelines specifying minimum standards for certification of operators by a State pursuant to this section. ``(2) Requirements for guidelines.-- ``(A) In general.--The guidelines described in paragraph (1) shall specify minimum standards for a Chief Operator of a publicly owned treatment works and for such additional personnel as the Administrator determines appropriate for proficiency certification. ``(B) Additional standards.--In addition to the standards referred to in subparagraph (A), the guidelines shall establish such additional standards as the Administrator determines necessary to ensure proficiency in the operation of large, complex treatment systems. The guidelines may provide for onsite assessment in any case in which the assessment is necessary to determine proficiency. ``(3) Treatment works operator's manual.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall publish a treatment works operator's manual that describes essential knowledge and skills of-- ``(A) a Chief Operator; and ``(B) such additional personnel as the Administrator determines appropriate to receive operator proficiency certification. ``(c) State Programs.-- ``(1) In general.--Beginning on the date of publication of the guidelines under subsection (b), the Governor of a State may submit to the Administrator, in such form as the Administrator may require, a certification program under this section. ``(2) Program approval.-- ``(A) In general.--The Administrator shall review and approve or disapprove a program submitted pursuant to paragraph (1) not later than 90 days after the submittal of the application. The Administrator shall approve the application on the basis of a determination that-- ``(i) the State certification program will be consistent with the guidelines published pursuant to subsection (b); ``(ii) the State has committed to implement the program by not later than 1 year after the date of approval of the application; and ``(iii) the State agrees to provide to the Administrator such information concerning the program as the Administrator may request. ``(B) Programs in effect before the submittal of an application.--With respect to any State that submits an application pursuant to this subsection concerning a State certification program that was implemented before the date of submittal of the application, in making a decision whether to approve the application, the Administrator may consider the effectiveness of the program in effect on the date of submittal of a program pursuant to this subsection. ``(3) Disapproval of program.--In any case in which the Administrator disapproves a program, the Administrator shall provide to the State a written statement of the reasons for disapproval. The State may, not later than 90 days after receipt of the statement of the Administrator, submit to the Administrator such modifications to the application as may be necessary. Not later than 30 days after receipt of the revised application, the Administrator shall approve or disapprove the revised application. ``(4) Additional requirements.--A State may establish a certification requirement in addition to the requirements established pursuant to this section.''. (b) Enforcement.--Section 309(g)(1)(A) of such Act (33 U.S.C. 1319(g)(1)(A)) is amended by inserting ``110(a),'' after ``violated section''. SEC. 4. SCHOLARSHIPS. (a) Relationship to Training Grant Program.--Section 111(3) of the Federal Water Pollution Control Act (33 U.S.C. 1261(3)) is amended by striking subparagraph (C) and inserting the following new subparagraph: ``(C) that the institution is participating in, or has participated in, the training grant program under section 109(b); and''. (b) Representation of Minorities and Women.--Section 111(3)(D) of such Act (33 U.S.C. 1261(3)(D)) is amended-- (1) by striking ``and'' at the end of clause (i); and (2) by striking the period at the end and inserting ``, and (iii) the institution will make reasonable efforts to ensure representation of minorities and women in the program.''. SEC. 5. DEFINITIONS AND AUTHORIZATIONS. Section 112 of the Federal Water Pollution Control Act (33 U.S.C. 1262) is amended-- (1) in subsection (a)(1), by inserting after the first sentence the following new sentence: ``The term shall include any community college, technical college, or State environmental agency.''; (2) by striking subsection (b) and inserting the following new subsection: ``(b) The Administrator shall, not later than 2 years after the date of enactment of the Wastewater Treatment Operator Training and Certification Act of 1993, and not less frequently than every 2 years thereafter, submit a report to Congress concerning the implementation of training, certification, and scholarship programs under sections 109, 110, and 111. Each report submitted to Congress under this subsection shall include a forecast of the supply of, and demand for, water pollution control professionals.''; and (3) in subsection (c)-- (A) by inserting ``(1)'' after ``(c)''; and (B) by adding at the end the following new paragraph: ``(2) There are authorized to be appropriated to the Environmental Protection Agency to carry out sections 109 and 111, $15,000,000 for each of fiscal years 1994 through 2000.''.", "summary": "Wastewater Treatment Operator Training and Certification Act of 1993 - Amends the Federal Water Pollution Control Act to revise provisions concerning training grants and contracts to require the Administrator of the Environmental Protection Agency to: (1) implement a national program to train persons in the operation of municipal and industrial wastewater treatment works and other water pollution control facilities; (2) make grants to, or contracts with, institutions of higher education to support such programs; and (3) publish guidance on the minimum elements of such programs. Requires chief operators and other designated personnel of publicly owned treatment works to be certified as proficient by the Administrator. Directs the Administrator to publish: (1) guidelines on minimum standards for certification; and (2) a treatment works operator's manual. Authorizes the delegation of authority for a certification program to a State, subject to certain conditions. Makes certifications valid for a five-year period. Permits recertification for an additional five years provided that the individual complies with in-service training and related education. Requires institutions of higher education, in addition to other requirements for receiving scholarships for individuals planning to enter occupations involving treatment works, to: (1) have participated in the treatment works training program; and (2) ensure representation of minorities and women in the scholarship program. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Migratory Bird Hunting and Conservation Stamp Promotion Act of 1998''. SEC. 2. PROMOTION OF STAMP SALES. (a) In General.--Section 4 of the Act of March 16, 1934 (commonly known as the ``Migratory Bird Hunting and Conservation Stamp Act'') (16 U.S.C. 718d), is amended-- (1) in subsection (b), by striking ``subsection (c) of this section'' and inserting ``subsections (c) and (d)''; and (2) by adding at the end the following: ``(d) Promotion of Stamp Sales.-- ``(1) In general.--Subject to approval of an annual marketing plan by the Migratory Bird Conservation Commission established by section 2 of the Migratory Bird Conservation Act (16 U.S.C. 715a), the Secretary of the Interior may use from receipts from the sale of migratory bird hunting and conservation stamps an amount not to exceed $1,000,000 for each of fiscal years 1999 through 2003 for the promotion of additional stamp sales. ``(2) Annual report.--The Secretary of the Interior shall-- ``(A) include in each report under section 3 of the Migratory Bird Conservation Act (16 U.S.C. 715b) a statement of all expenditures under paragraph (1); and ``(B) provide a copy to the Migratory Bird Conservation Commission, the Committee on Environment and Public Works of the Senate, and the Committee on Resources of the House of Representatives.''. (b) Technical Amendments.-- (1) Short title.-- (A) The Act of March 16, 1934 (16 U.S.C. 718 et seq.), is amended by adding at the end the following: ``SEC. 11. SHORT TITLE. ``This Act may be cited as the `Migratory Bird Hunting and Conservation Stamp Act'.''. (B) Section 4(d)(2) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(d)(2)) is amended in the last sentence by striking ``Migratory Bird Hunting Stamp Act'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (C) Section 102 of the Sikes Act (16 U.S.C. 670b) is amended by striking ``Migratory Bird Hunting Stamp Act as amended'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.)''. (D) Section 203(b)(4)(A) of the Sikes Act (16 U.S.C. 670i(b)(4)(A)) is amended by striking ``Act of March 16, 1934, commonly referred to as the Migratory Bird Hunting Stamp Act'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (E) Section 2 of Public Law 87-383 (16 U.S.C. 715k- 4) is amended by striking ``Migratory Bird Hunting Stamp Act of March 16, 1934, as amended'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (F) Section 201 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) is amended-- (i) in subsection (b)(1)(A), by striking ``Act of March 16, 1934 (16 U.S.C. 718b) (commonly known as the Duck Stamp Act)'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718b)''; and (ii) in subsection (c)(B), by striking ``Act of March 16, 1934'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (G) Section 203 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3912) is amended by striking ``Act of March 16, 1934'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (H) Clause (ii) of section 504(1) of title 18, United States Code, is amended by striking ``Migratory Bird Hunting Stamp Act of 1934'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.)''. (I) Section 28(f) of the Act of August 13, 1954 (25 U.S.C. 564w-1(f) is amended-- (i) in the second sentence, by striking ``Migratory Bird Hunting Stamp Act of March 16, 1934, as amended (16 U.S.C. 718)'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.)''; and (ii) in the third sentence, by striking ``section 4 of the Act of March 16, 1934 (48 Stat. 451), as amended or supplemented'' and inserting ``section 4 of the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718d)''. (2) Migratory bird hunting and conservation stamp.-- (A) The first section and section 10 of the Act of March 16, 1934 (16 U.S.C. 718a, 718j), are amended by striking ``migratory-bird hunting and conservation stamp'' each place it appears and inserting ``migratory bird hunting and conservation stamp''. (B) Section 2(a) of the Act of March 16, 1934 (16 U.S.C. 718b(a)), is amended in the fifth sentence by striking ``migratory-bird hunting stamps'' and inserting ``migratory bird hunting and conservation stamps''. (C) Sections 4(a) and 5(c) of the Act of March 16, 1934 (16 U.S.C. 718d(a), 718e(c)), are amended by striking ``migratory bird hunting stamps'' each place it appears and inserting ``migratory bird hunting and conservation stamps''. (D) Section 5(a) of the Act of March 16, 1934 (16 U.S.C. 718e(a)), is amended by striking ``migratory- bird hunting stamp'' and inserting ``migratory bird hunting and conservation stamp''. (E) Section 2(4) of the Act of September 28, 1962 (16 U.S.C. 460k-1(4)), is amended by striking ``migratory bird hunting stamps'' and inserting ``migratory bird hunting and conservation stamps''. (F) Section 203(b)(4)(A) of the Sikes Act (16 U.S.C. 670i(b)(4)(A)) is amended by striking ``migratory bird hunting stamp'' and inserting ``migratory bird hunting and conservation stamp''. (G) Section 3(a) of the Act of July 30, 1956 (16 U.S.C. 718b-1), is amended by striking ``migratory-bird hunting stamps'' and inserting ``migratory bird hunting and conservation stamps''.", "summary": "Migratory Bird Hunting and Conservation Stamp Promotion Act of 1998 - Amends the Act commonly referred to as the Migratory Bird Hunting and Conservation Stamp Act to: (1) make such title the legislated short title; and (2) allow the Secretary of the Interior, subject to approval of an annual marketing plan by the Migratory Bird Conservation Commission, to use from receipts from the sale of migratory bird hunting and conservation stamps an amount not to exceed $1 million for each FY from 1999 through 2003 for the promotion of additional stamp sales. Requires the Secretary to: (1) include in each report under the Migratory Bird Conservation Act a statement of all expenditures; and (2) provide a copy to the Commission and specified congressional committees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting American Agricultural and Medical Exports to Cuba Act of 2009''. SEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. Section 908(b)(4) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) the term `payment of cash in advance' means, notwithstanding any other provision of law, the payment by the purchaser of an agricultural commodity or product and the receipt of such payment by the seller prior to-- ``(i) the transfer of title of such commodity or product to the purchaser; and ``(ii) the release of control of such commodity or product to the purchaser.''. SEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED STATES DEPOSITORY INSTITUTIONS UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. (a) In General.--Notwithstanding any other provision of law (including section 908(b)(1)(B) of the Trade Sanctions and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)(B)), the President may not restrict direct transfers from a Cuban depository institution to a United States depository institution executed in payment for an agricultural commodity or product authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.). (b) Depository Institution Defined.--In this section, the term ``depository institution'' means any entity that is engaged primarily in the business of banking (including a bank, savings bank, savings association, credit union, trust company, or bank holding company). SEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION PROGRAM WITH RESPECT TO CUBA. (a) In General.--The Secretary of Agriculture shall establish a program to provide information and technical assistance to United States agricultural producers, cooperative organizations, and State agencies that promote the sale of agricultural commodities or products, in order to promote and facilitate exports of United States agricultural commodities or products to Cuba as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000. (b) Technical Assistance To Facilitate Exports.--The Secretary of Agriculture shall maintain on the website of the Department of Agriculture information to assist exporters and potential exporters of United States agricultural commodities or products with respect to Cuba. (c) Authorization of Funds.--The Secretary of Agriculture is authorized to expend such sums as may be available in the Agricultural Export Promotion Trust Fund established under section 9511 of the Internal Revenue Code of 1986 (as added by section 5(b) of this Act). SEC. 5. INCREASE IN AIRPORT TICKET TAX FOR TRANSPORTATION BETWEEN UNITED STATES AND CUBA; ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION TRUST FUND. (a) Increase in Ticket Tax.--Subsection (c) of section 4261 of the Internal Revenue Code of 1986 (relating to use of international travel facilities) is amended by adding at the end the following new paragraph: ``(4) Special rule for cuba.--In any case in which the tax imposed by paragraph (1) applies to transportation beginning or ending in Cuba before January 1, 2016, such tax shall be increased by $1.00.''. (b) Agricultural Export Promotion Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. AGRICULTURAL EXPORT PROMOTION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Agricultural Export Promotion Trust Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Agricultural Export Promotion Trust Fund amounts equivalent to the increase in taxes received in the Treasury by reason of section 4261(c)(4). ``(c) Expenditures.--Amounts in the Agricultural Export Promotion Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to the Office of the Secretary of Agriculture for the purposes set out in section 4 of the Promoting American Agricultural and Medical Exports to Cuba Act of 2009.''. (2) Conforming amendment.--Subparagraph (B) of section 9502(b)(1) of such Code is amended by inserting ``(other than by reason of subsection (c)(4) thereof)'' after ``sections 4261''. (3) Clerical amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9511. Agricultural Export Promotion Trust Fund.''. (c) Effective Date.--The amendment made by subsection (a) shall apply to transportation beginning after the 90-day period beginning on the date of the enactment of this Act, except that such amendment shall not apply to amounts paid before the end of such period. SEC. 6. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED. (a) Sense of Congress.--It is the sense of Congress that the Secretary of State should issue visas for temporary entry into the United States to nationals of Cuba whose itinerary documents an intent to conduct activities, including phytosanitary inspections, relating to the purchase of United States agricultural commodities or products pursuant to the provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.). (b) Periodic Reports.-- (1) In general.--Not later than 45 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State shall submit to the Committee on Finance, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Foreign Relations of the Senate, and the Committee on Agriculture, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives a report on the issuance of visas described in subsection (a). (2) Content of reports.--Each report under paragraph (1) shall contain a full description of each application received from a national of Cuba for a visa to travel to the United States to engage in purchasing activities pursuant to the provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) and shall describe the disposition of each such application. SEC. 7. EXPORT OF MEDICINES AND MEDICAL DEVICES TO CUBA. (a) Repeal of Requirement for Onsite Verifications.--Section 1705 of the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended by striking subsection (d). (b) Rule of Construction.--Nothing in the amendment made by subsection (a) shall be construed to restrict the authority of the President to-- (1) impose export controls with respect to the export of medicines or medical devices under sections 5 or 6 of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. App. 2404 or 2405)); or (2) exercise the authority the President has under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. SEC. 8. TRAVEL TO CUBA. (a) Freedom of Travel for United States Citizens and Legal Residents.--Notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and section 910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209(b)) and subject to subsection (b)-- (1) the President may not regulate or prohibit, directly or indirectly, travel to or from Cuba by United States citizens or legal residents, or any of the transactions incident to such travel; and (2) any regulation in effect on the date of the enactment of this Act that regulates or prohibits travel to or from Cuba by United States citizens or legal residents or transactions incident to such travel shall cease to have any force or effect. (b) Exception.--The restrictions on authority contained in subsection (a) shall not apply in a case in which the United States is at war with Cuba, armed hostilities between the two countries are in progress, or there is imminent danger to the public health or the physical safety of United States citizens or legal residents. (c) Applicability.--This section applies to actions taken by the President-- (1) on or after the date of the enactment of this Act; or (2) before the date of the enactment of this Act which are in effect on such date of enactment. SEC. 9. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION OF INTELLECTUAL PROPERTY. (a) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (b) Regulations.--The Secretary of the Treasury shall promulgate such regulations as are necessary to carry out the repeal made by subsection (a), including removing any prohibition on transactions or payments to which subsection (a)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as such section was in effect on the day before the date of the enactment of this Act) applied. (c) Further Regulations.-- (1) In general.--The Secretary of the Treasury shall amend part 515 of title 31, Code of Federal Regulations (commonly referred to as the ``Cuban Assets Control Regulations''), to authorize under general license the transfer or receipt of any trademark or trade name subject to United States law in which a designated national has an interest. (2) Designated national defined.--In this subsection, the term ``designated national'' has the meaning given the term in subsection (d)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as such section was in effect on the day before the date of the enactment of this Act).", "summary": "Promoting American Agricultural and Medical Exports to Cuba Act of 2009 - Prohibits the President from restricting direct transfers from a Cuban depository institution to a U.S. depository institution in payment for a product or agricultural commodity authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000. Directs the Secretary of Agriculture to provide information and technical assistance to U.S. agricultural producers, cooperative organizations, or state agencies to promote U.S. agricultural exports products to Cuba. Amends the Internal Revenue Code to: (1) increase the airport ticket tax for transportation between the United States and Cuba by $1; and (2) establish in the Treasury the Agricultural Export Promotion Trust Fund. Expresses the sense of Congress that the Secretary of State should issue temporary entry visas to Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, relating to the purchase of U.S. agricultural commodities or products. Amends the Democracy Act of 1992 to repeal the requirement for onsite verification of certain medical exports to Cuba. Prohibits the President from regulating or prohibiting travel to or from Cuba by U.S. citizens or legal residents, or any of the transactions incident to such travel. States that: (1) any regulation restricting or prohibiting such travel shall have no effect; and (2) such prohibition shall not apply in time of war or armed hostilities between the United States and Cuba, or of imminent danger to the public health or the physical safety of U.S. citizens or legal residents. Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition on enforcement of rights to certain U.S. intellectual properties and such properties' transfer."}
{"article": "SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Relief Act of 2010''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; etc. TITLE I--MIDDLE CLASS TAX RELIEF MADE PERMANENT Sec. 101. Middle class tax relief made permanent. Sec. 102. Certain provisions not applicable to high income individuals. Sec. 103. Related amendments. TITLE II--EXPENSING BY SMALL BUSINESSES OF CERTAIN DEPRECIABLE ASSETS Sec. 201. Increased limitations on expensing by small businesses of certain depreciable assets. TITLE III--EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF Sec. 301. Extension of alternative minimum tax relief for nonrefundable personal credits. Sec. 302. Extension of increased alternative minimum tax exemption amount. TITLE IV--BUDGETARY PROVISION Sec. 401. PAYGO compliance. TITLE I--MIDDLE CLASS TAX RELIEF MADE PERMANENT SEC. 101. MIDDLE CLASS TAX RELIEF MADE PERMANENT. (a) In General.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the following provisions of such Act (and to the amendments made by such provisions): (1) Title I (relating to individual income tax rate reductions). (2) Title II (relating to tax benefits related to children). (3) Title III (relating to marriage penalty relief). (4) Title IV (relating to affordable education provisions). (b) Reduced Rates on Capital Gains and Dividends.--The Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking section 303. SEC. 102. CERTAIN PROVISIONS NOT APPLICABLE TO HIGH INCOME INDIVIDUALS. (a) Individual Income Tax Rates.--Subsection (i) of section 1 is amended by striking paragraph (2), by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (1) the following new paragraphs: ``(2) 25- and 28-Percent rate brackets.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `25%' for `28%' each place it appears (before the application of subparagraph (B)), and ``(B) by substituting `28%' for `31%' each place it appears. ``(3) 33-Percent rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2010-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the fourth rate bracket shall be 33 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable amount, over ``(II) the dollar amount at which such bracket begins, and ``(ii) the 36 percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(B) Applicable amount.--For purposes of this paragraph, the term `applicable amount' means the excess of-- ``(i) the applicable threshold, over ``(ii) the sum of the following amounts in effect for the taxable year: ``(I) the basic standard deduction (within the meaning of section 63(c)(2)), and ``(II) the exemption amount (within the meaning of section 151(d)(1)) (or, in the case of subsection (a), 2 such exemption amounts). ``(C) Applicable threshold.--For purposes of this paragraph, the term `applicable threshold' means-- ``(i) $250,000 in the case of subsection (a), ``(ii) $200,000 in the case of subsections (b) and (c), and ``(iii) \\1/2\\ the amount applicable under clause (i) (after adjustment, if any, under subparagraph (E)) in the case of subsection (d). ``(D) Fourth rate bracket.--For purposes of this paragraph, the term `fourth rate bracket' means the bracket which would (determined without regard to this paragraph) be the 36-percent rate bracket. ``(E) Inflation adjustment.--For purposes of this paragraph, a rule similar to the rule of paragraph (1)(C) shall apply with respect to taxable years beginning in calendar years after 2010, applied by substituting `2008' for `1992' in subsection (f)(3)(B).''. (b) Phaseout of Personal Exemptions and Itemized Deductions.-- (1) Overall limitation on itemized deductions.--Section 68 is amended-- (A) by striking ``the applicable amount'' the first place it appears in subsection (a) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (B) by striking ``the applicable amount'' in subsection (a)(1) and inserting ``such applicable threshold'', (C) by striking subsection (b) and redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and (D) by striking subsections (f) and (g). (2) Phaseout of deductions for personal exemptions.-- (A) In general.--Paragraph (3) of section 151(d) is amended-- (i) by striking ``the threshold amount'' in subparagraphs (A) and (B) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (ii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C), and (iii) by striking subparagraphs (E) and (F). (B) Conforming amendment.--Paragraph (4) of section 151(d) is amended-- (i) by striking subparagraph (B), (ii) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively, and by indenting such subparagraphs (as so redesignated) accordingly, and (iii) by striking all that precedes ``in a calendar year after 1989,'' and inserting the following: ``(4) Inflation adjustment.--In the case of any taxable year beginning''. (c) Reduced Rate on Capital Gains and Dividends.-- (1) In general.--Paragraph (1) of section (1)(h) is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or ``(ii) the excess (if any) of-- ``(I) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 36 percent, over ``(II) the sum of the amounts on which tax is determined under subparagraphs (A) and (B), ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),''. (2) Dividends.--Subparagraph (A) of section 1(h)(11) is amended by striking ``qualified dividend income'' and inserting ``so much of the qualified dividend income as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 36 percent, over ``(ii) taxable income reduced by qualified dividend income.''. (3) Minimum tax.--Section 55 is amended by adding at the end the following new subsection: ``(f) Application of Maximum Rate of Tax on Net Capital Gain of Noncorporate Taxpayers.--In the case of taxable years beginning after December 31, 2010, the amount determined under subparagraph (C) of subsection (b)(3) shall be the sum of-- ``(1) 15 percent of the lesser of-- ``(A) so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B) of subsection (b)(3), or ``(B) the excess described in section 1(h)(1)(C)(ii), plus ``(2) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subsection (b)(3)(B) and paragraph (1).''. (4) Conforming amendments.-- (A) The following provisions are amended by striking ``15 percent'' and inserting ``20 percent'': (i) Section 1445(e)(1). (ii) The second sentence of section 7518(g)(6)(A). (iii) Section 53511(f)(2) of title 46, United States Code. (B) Sections 531 and 541 are each amended by striking ``15 percent of'' and inserting ``the product of the highest rate of tax under section 1(c) and''. (C) Section 1445(e)(6) is amended by striking ``15 percent (20 percent in the case of taxable years beginning after December 31, 2010)'' and inserting ``20 percent''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2010. (2) Withholding.--The amendments made by subparagraphs (A)(i) and (C) of subsection (c)(4) shall apply to amounts paid on or after January 1, 2011. SEC. 103. RELATED AMENDMENTS. (a) Application of Increase in Refundable Portion of Child Tax Credit.-- (1) In general.--Subsection (d) of section 24 is amended-- (A) by striking ``$10,000'' in paragraph (1)(B)(i) and inserting ``$3,000'', and (B) by striking paragraphs (3) and (4). (2) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2010. (b) Application of Increase in Earned Income Tax Credit.-- (1) In general.--Subparagraph (B) of section 32(b)(2) is amended to read as follows: ``(B) Joint returns.-- ``(i) In general.--In the case of a joint return filed by an eligible individual and such individual's spouse, the phaseout amount determined under subparagraph (A) shall be increased by $5,000. ``(ii) Inflation adjustment.--In the case of any taxable year beginning after 2010, the $5,000 amount in clause (i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. Subparagraph (A) of subsection (j)(2) shall apply after taking into account any increase under the preceding sentence.''. (2) Conforming amendment.--Subsection (b) of section 32 is amended by striking paragraph (3). (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2010. (c) Application to Adoption Credit and Adoption Assistance Programs.--Subsection (c) of section 10909 of the Patient Protection and Affordable Care Act is amended to read as follows: ``(c) The amendments made by this section shall not apply to taxable years beginning after December 31, 2011.''. TITLE II--EXPENSING BY SMALL BUSINESSES OF CERTAIN DEPRECIABLE ASSETS SEC. 201. INCREASED LIMITATIONS ON EXPENSING BY SMALL BUSINESSES OF CERTAIN DEPRECIABLE ASSETS. (a) Dollar Limitation.--Subparagraph (C) of section 179(b)(1) is amended by striking ``$25,000'' and inserting ``$125,000''. (b) Threshold at Which Phaseout Begins.--Subparagraph (C) of section 179(b)(2) is amended by striking ``$200,000'' and inserting ``$500,000''. (c) Inflation Adjustment.--Subsection (b) of section 179 is amended by adding at the end the following new paragraph: ``(6) Inflation adjustments.-- ``(A) In general.--In the case of any taxable beginning in a calendar year after 2011, the $125,000 and $500,000 amounts in paragraphs (1)(C) and (2)(C) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.-- ``(i) Dollar limitation.--If the amount in paragraph (1) as increased under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(ii) Phaseout amount.--If the amount in paragraph (2) as increased under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (d) Authority To Revoke Election Made Permanent.--Paragraph (2) of section 179(c) is amended by striking ``and before 2012''. (e) Treatment of Certain Computer Software as Section 179 Property Made Permanent.--Clause (ii) of section 179(d)(1)(A) is amended by striking ``and before 2012''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. TITLE III--EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF SEC. 301. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR NONREFUNDABLE PERSONAL CREDITS. (a) In General.--Paragraph (2) of section 26(a) is amended-- (1) by striking ``2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, or 2009'' and inserting ``the period beginning with calendar year 2000 and ending with calendar year 2011'', and (2) by striking ``2009'' in the heading thereof and inserting ``2011''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 302. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNT. (a) In General.--Paragraph (1) of section 55(d) is amended-- (1) by striking ``($70,950 in the case of taxable years beginning in 2009)'' in subparagraph (A) and inserting ``($72,450 in the case of taxable years beginning in 2010 or 2011)'', and (2) by striking ``($46,700 in the case of taxable years beginning in 2009)'' in subparagraph (B) and inserting ``($47,450 in the case of taxable years beginning in 2010 or 2011)''. (b) Nonapplication of EGTRRA Sunset.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 701 of such Act. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. TITLE IV--BUDGETARY PROVISION SEC. 401. PAYGO COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.", "summary": "Middle Class Tax Relief Act of 2010 - Makes the general terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2010 (EGTRRA) (i.e., December 31, 2010) inapplicable to provisions of that Act relating to individual income tax rate reductions, tax benefits related to children and adoption, marriage penalty relief, and education. Repeals the terminating date of the Jobs Growth Tax Relief Reconciliation Act of 2003 that applies to reductions in the tax rate for capital gains and dividend income, subject to the income thresholds set forth by this Act.. Amends the Internal Revenue Code to: (1) establish permanent reductions in income tax rates for individual taxpayers whose adjusted gross income is $200,000 or less ($250,000 for married couples filing joint tax returns); (2) allow a permanent exemption from limitations on itemized tax deductions and personal exemptions for individual taxpayers whose adjusted gross income is $200,000 or less ($250,000 for married couples filing joint tax returns); (3) allow a 15% tax rate on capital gains and dividend income for individual taxpayers whose adjusted gross income is $200,000 or less ($250,000 for married couples filing joint tax returns); (4) allow a permanent increase in the refundable portion of the child tax credit; (5) make permanent the increased earned income tax credit and the modifications to such credit enacted by EGTRRA; (6) make permanent the increased ($125,000) expensing allowance for depreciable business and investment property; and (7) extend through 2011 the increased alternative minimum tax (AMT) exemption amounts and the offset against the AMT for certain nonrefundable personal tax credits. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010."}
{"article": "SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Renewable Energy Investment Act of 2009''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.-- Sec. 1. Short title; etc. TITLE I--INVESTMENT IN RENEWABLE ENERGY Sec. 101. Extension of renewable electricity production credit. Sec. 102. Expansion and extension of new clean renewable energy bonds. Sec. 103. Extension of investment tax credit for certain energy property. Sec. 104. Increase in credit for investment in advanced energy facilities. TITLE II--INVESTMENT IN ALTERNATIVE FUEL PROPERTY Sec. 201. Extension of credits for alcohol fuels. Sec. 202. Extension of credits for biodiesel and renewable diesel. TITLE III--INVESTMENT IN ETHANOL Sec. 301. Research in and development of fungible biofuels. TITLE I--INVESTMENT IN RENEWABLE ENERGY SEC. 101. EXTENSION OF RENEWABLE ELECTRICITY PRODUCTION CREDIT. (a) In General.--Subsection (d) of section 45 is amended-- (1) by striking ``January 1, 2013'' in paragraph (1) and inserting ``January 1, 2015'', and (2) by striking ``January 1, 2014'' each place it appears in paragraphs (2), (3), (4), (6), (7), (9), and (11)(B) and inserting ``January 1, 2015''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 102. EXPANSION AND EXTENSION OF NEW CLEAN RENEWABLE ENERGY BONDS. (a) In General.--Paragraph (2) of section 54C(c) is amended by inserting ``, for calendar years 2011, 2012, 2013, and 2014, an additional $500,000,000 for each year, and, except as provided in paragraph (5) for years after 2014, zero,'' after ``$800,000,000''. (b) Carryover of Unused Limitation.--Subsection (c) of section 54C is amended by adding at the end the following new paragraph: ``(5) Carryover of unused limitation.--If for any calendar year-- ``(A) the amount allocated under paragraph (2) for such calendar year, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (a) pursuant to such allocation, then the limitation amount under paragraph (2) for the following calendar year shall be increased by the amount of such excess.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after December 31, 2010. SEC. 103. EXTENSION OF INVESTMENT TAX CREDIT FOR CERTAIN ENERGY PROPERTY. (a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are each amended by striking ``January 1, 2017'' and inserting ``January 1, 2019''. (b) Fuel Cell Property.--Subparagraph (D) of section 48(c)(1) is amended by striking ``December 31, 2016'' and inserting ``December 31, 2018''. (c) Qualified Small Wind Energy Property.--Subparagraph (C) of section 48(c)(4) is amended by striking ``December 31, 2016'' and inserting ``December 31, 2018''. (d) Geothermal Heat Pump Systems.--Clause (vii) of section 48(a)(3)(A) is amended by striking ``January 1, 2017'' and inserting ``January 1, 2019''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 104. INCREASE IN CREDIT FOR INVESTMENT IN ADVANCED ENERGY FACILITIES. (a) In General.--Subparagraph (B) of section 48C(d)(1) is amended by striking ``$2,300,000,000'' and inserting ``$4,000,000,000''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the amendments made by section 1302 of the American Recovery and Reinvestment Tax Act of 2009. TITLE II--INVESTMENT IN ALTERNATIVE FUEL PROPERTY SEC. 201. EXTENSION OF CREDITS FOR ALCOHOL FUELS. (a) In General.--Sections 40, 6426(b)(6), and 6427(e)(6)(A) are each amended by striking ``2010'' each place it appears and inserting ``2011''. (b) Conforming Amendment.--Section 40(e)(1)(B) is amended by striking ``2011'' and inserting ``2012''. (c) Effective Date.--The amendments made by this section shall apply to sales and uses after the date of the enactment of this Act. SEC. 202. EXTENSION OF CREDITS FOR BIODIESEL AND RENEWABLE DIESEL. (a) In General.--Sections 40A(g), 6426(c)(6), and 6427(e)(6)(B) are each amended by striking ``December 31, 2009'' each place it appears and inserting ``December 31, 2011''. (b) Effective Date.--The amendments made by this section shall apply to sales and uses after the date of the enactment of this Act. TITLE III--INVESTMENT IN ETHANOL SEC. 301. RESEARCH IN AND DEVELOPMENT OF FUNGIBLE BIOFUELS. There is authorized to be appropriated for advanced biofuels research, development, and demonstration that will create fuels that are fungible in existing infrastructure $100,000,000.", "summary": "Renewable Energy Investment Act of 2009 - Amends the Internal Revenue Code to: (1) extend through 2014 the tax credit for producing electricity from renewable resources; (2) increase and extend through 2014 the authority for issuing new clean renewable energy bonds; (3) extend through 2018 the energy tax credit for investment in solar energy and fuel cell property, small wind energy property, and geothermal heat pump systems; (4) increase the energy tax credit for investment in advanced energy facilities; and (5) extend through 2011 the income and excise tax credits for alcohol fuels, biodiesel, and renewable diesel. Authorizes appropriations for advanced biofuels research, development, and demonstration that will create fuels that are fungible in existing infrastructure."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Visa Waiver Program Security Enhancement Act''. SEC. 2. VISA REQUIRED FOR ALIENS WHO RECENTLY TRAVELED TO IRAQ, SYRIA, OR CERTAIN OTHER DESTINATIONS. Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 1187(a)) is amended by adding at the end the following: ``(12) Visa required for aliens who have recently traveled to iraq or syria.-- ``(A) In general.--A national of a program country is ineligible to travel to the United States under the program if the national has traveled to Iraq or to Syria at any time during the most recent 5-year period. ``(B) Other travel restrictions.--The Secretary of Homeland Security may prohibit a national of a program country from traveling to the United States under the program if the Secretary determines that such national has traveled during the past 5 years to a country in which-- ``(i) a designated foreign terrorist organization has a significant presence; and ``(ii) prohibiting such national from traveling to the United States under the program is in the national security interests of the United States. ``(C) Rule of construction.--Nothing in this paragraph may be construed to otherwise limit the authority of the Secretary of Homeland Security.''. SEC. 3. ELECTRONIC PASSPORTS REQUIRED FOR VISA WAIVER PROGRAM. (a) Requiring the Universal Use of Electronic Passports for Participating Visa Waiver Program Countries.-- (1) In general.--Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended-- (A) in subsection (a), by amending paragraph (3) to read as follows: ``(3) Machine-readable, electronic passport.--The alien, at the time of application for admission, is in possession of a valid, unexpired, tamper-resistant, machine-readable passport that incorporates biometric and document authentication identifiers that comply with the applicable biometric and document identifying standards established by the International Civil Aviation Organization.''; and (B) in subsection (c)(2), by amending subparagraph (B) to read as follows: ``(B) Machine-readable, electronic passport program.--The government of the country certifies that it issues to its citizens machine-readable, electronic passports that comply with the requirements set forth in subsection (a)(3).''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on the date that is 90 days after the date of the enactment of this Act. (3) Certification requirement.--Section 303(c) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732(c)) is amended-- (A) in paragraph (1), by striking ``Not later than October 26, 2005, the'' and inserting ``The''; and (B) by amending paragraph (2) to read as follows: ``(2) Use of technology standard.--Any alien applying for admission under the Visa Waiver Program established under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) shall present a passport that meets the requirements described in paragraph (1).''. SEC. 4. INFORMATION SHARING AND COOPERATION BY VISA WAIVER PROGRAM COUNTRIES. (a) Required Information Sharing for Visa Waiver Program Countries.-- (1) Information sharing agreements.-- (A) Full implementation.--Section 217(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(F)) is amended by inserting ``, and fully implements within the time frame determined by the Secretary of Homeland Security,'' after ``country enters into''. (B) Federal air marshal agreement.--Section 217(c) of such Act, as amended by subparagraph (A), is further amended-- (i) in paragraph (2), by adding at the end the following: ``(G) Federal air marshal agreement.--The government of the country enters into, and complies with, an agreement with the United States to assist in the operation of an effective Air Marshal Program. ``(H) Aviation standards.--The government of the country complies with United States aviation and airport security standards, as determined by the Secretary of Homeland Security.''; and (ii) in paragraph (9)-- (I) by striking subparagraph (B); and (II) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (C) Failure to fully implement information sharing agreement.--Section 217(c)(5) of such Act (8 U.S.C. 1187(c)(5)) is amended-- (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: ``(C) Failure to fully implement information sharing agreement.-- ``(i) Determination.--If the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the government of a program country has failed to fully implement the agreements set forth in paragraph (2)(F), the country shall be terminated as a program country. ``(ii) Redesignation.--Not sooner than 90 days after the Secretary of Homeland Security, in consultation with the Secretary of State, determines that a country that has been terminated as a program country pursuant to clause (i) is now in compliance with the requirement set forth in paragraph (2)(F), the Secretary of Homeland Security may redesignate such country as a program country.''. (2) Advance passenger information earlier than 1 hour before arrival.-- (A) In general.--Section 217(a)(10) of such Act (8 U.S.C. 1187(a)(10)) is amended by striking ``not less than one hour prior to arrival'' and inserting ``as soon as practicable, but not later than 1 hour before arriving''. (B) Technical amendment.--Section 217(c)(3) of such Act is amended, in the matter preceding subparagraph (A), by striking ``the initial period'' and inserting ``fiscal year 1989''. (b) Factors the Department of Homeland Security Shall Consider for Visa Waiver Countries.-- (1) Consideration of country's capacity to identify dangerous individuals.--Section 217(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(4)), is amended to read as follows: ``(4) Required security considerations for program designation and continuation.--In determining whether a country should be designated as a program country or whether a program country should retain its designation as a program country, the Secretary of Homeland Security shall consider the following: ``(A) Capacity to collect, analyze, and share data concerning dangerous individuals.--Whether the government of the country-- ``(i) collects and analyzes the information described in subsection (a)(10), including advance passenger information and passenger name records, and similar information pertaining to flights not bound for the United States, to identify potentially dangerous individuals who may attempt to travel to the United States; and ``(ii) shares such information and the results of such analyses with the Government of the United States. ``(B) Screening of traveler passports.--Whether the government of the country-- ``(i) regularly screens passports of air travelers against INTERPOL's global database of Stolen and Lost Travel Documents before allowing such travelers to enter or board a flight arriving in or departing from that country, including a flight destined for the United States; and ``(ii) regularly and promptly shares information concerning lost or stolen travel documents with INTERPOL. ``(C) Biometric exchanges.--Whether the government of the country, in addition to meeting the mandatory qualifications set forth in paragraph (2)-- ``(i) collects and analyzes biometric and other information about individuals other than United States nationals who are applying for asylum, refugee status, or another form of non- refoulment protection in such country; and ``(ii) shares the information and the results of such analyses with the Government of the United States. ``(D) Information sharing about foreign terrorist fighters.--Whether the government of the country shares intelligence about foreign fighters with the United States and with multilateral organizations, such as INTERPOL and EUROPOL.''. (2) Failure to report stolen passports.--Section 217(f)(5) of such Act is amended by inserting ``frequently and promptly'' before ``reporting the theft''. SEC. 5. BIOMETRIC SUBMISSION BEFORE ENTRY. (a) In General.--Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 1187(a)), as amended by section 2, is further amended by adding at the end the following: ``(13) Submission of biometric information.--The Secretary of Homeland Security shall ensure that each alien traveling to the United States under an approved Electronic System for Travel Authorization has submitted biometric information, including photographs and fingerprints, before boarding a conveyance bound for the United States.''. (b) Implementation of Biometric Submission.-- (1) Prioritization.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall prioritize the implementation of the requirements under section 217(a)(13) of the Immigration and Nationality Act, as added by subsection (a), in Visa Waiver Program countries that have a significant number of nationals who have traveled to fight with, or to assist, the group known as the Islamic State of Iraq and the Levant (ISIL). (2) Effective date.--The requirements referred to in paragraph (1) shall take effect for all Visa Waiver Program countries not later than 1 year after the date of the enactment of this Act, except that the Secretary of Homeland Security may extend the effective date for additional periods of 6 months (not to exceed a total of 24 months) for particular countries if the Secretary determines that an extension for such a country does not present a significant risk to the national security of the United States. (3) Inclusion of biometric information.--Not later than 5 years after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure that the information submitted under section 217(a)(13) of the Immigration and Nationality Act includes photographs and fingerprints. (4) Compliance.--The Secretary of Homeland Security may determine that a Visa Waiver Program country is in compliance with section 217(a)(13) of the Immigration and Nationality Act, as added by subsection (a), if the country signs and implements an agreement-- (A) to collect biometric information from each individual seeking to travel to the United States through the Visa Waiver Program and to share such information with the United States; (B) to compare the biometric information described in subparagraph (A) against the information, including the biometric information, on the prospective traveler's machine readable, electronic passport, before the prospective traveler boards a conveyance bound for the United States; and (C) to inform the Department of Homeland Security of-- (i) the results of the comparison described in subparagraph (B) before the prospective traveler boards a conveyance bound for the United States, and (ii) any other information indicating that the prospective traveler may pose a threat to the United States. SEC. 6. VISA WAIVER PROGRAM ADMINISTRATION. Section 217(h)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)) is amended-- (1) in clause (i), by amending subclause (II) to read as follows: ``(II) an amount to ensure recovery of the full costs of providing and administering the System and implementing the improvements to the program provided in the Visa Waiver Program Security Enhancement Act.''; and (2) by amending clause (ii) to read as follows: ``(ii) Disposition of amounts collected.-- Amounts collected under clause (i)(I) shall be credited to the Travel Promotion Fund established under subsection (d) of the Trade Promotion Act of 2009 (22 U.S.C. 2131(d)). Amounts collected under clause (i)(II) shall be transferred to the general fund of the Treasury and made available to pay the costs incurred to administer the System and the improvements made by the Visa Waiver Program Security Enhancement Act. The portion of the fee collected under clause (i)(II) to recover the costs of implementing such improvements may only be used for that purpose.''.", "summary": "Visa Waiver Program Security Enhancement Act This bill amends the Immigration and Nationality Act regarding the visa waiver program to prohibit a national of a program country who has traveled to Iraq or Syria at any time during the most recent five-year period from traveling to the United States without a visa. The Department of Homeland Security (DHS) may prohibit a national of a program country from traveling to the United States under the program if the national has traveled during the past five years to a country in which: (1) a designated foreign terrorist organization has a significant presence, and (2) prohibiting the national from traveling to the United States under the program is in U.S. national security interests. An alien must, at the time of application for program admission, have a valid, unexpired, tamper-resistant, machine-readable passport that incorporates biometric and document authentication identifiers that comply with standards of the International Civil Aviation Organization. Any alien applying for program admission must have a passport that meets these requirements. (The exception for pre-October 26, 2005, passports under the Enhanced Border Security and Visa Entry Reform Act of 2002 is eliminated.) A program country must: (1) enter into and comply with an agreement with the United States to assist in the operation of an air marshal program, and (2) comply with U.S. aviation and airport security standards. A country that does not fully implement information sharing agreements shall be terminated from the program. In determining whether to designate a country as a program country or whether a program country should retain its designation DHS shall consider: the country's capacity to collect, analyze, and share data concerning dangerous individuals; the country's screening and sharing of lost or stolen passport information; whether the country collects, analyzes, and shares biometric and other information about individuals other than U.S. nationals who are applying for asylum, refugee status, or another form of non-refoulement protection in such country; and whether a country shares intelligence about foreign fighters with the United States and with multilateral organizations. DHS shall: ensure that each alien traveling to the United States under an approved electronic system for travel authorization has submitted biometric information, including photographs and fingerprints, before boarding a U.S.-bound conveyance; prioritize implementation of these biometric requirements in program countries that have a significant number of nationals who have traveled to fight with, or to assist, the Islamic State of Iraq and the Levant (ISIL); and ensure within five years that such biometric information includes photographs and fingerprints. DHS may determine that a program country is in compliance with such biometric requirements if the country implements an agreement meeting specified criteria. Program fee provisions are revised."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Taking Our Health Privacy (STOHP) Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) People in the United States are deeply concerned about the confidentiality of their health information. According to a recent survey conducted by the Princeton Survey Research Associates, 1 in 6 people in the United States has done something out of the ordinary to keep personal health information confidential, including withholding information, providing inaccurate information, or, in some cases, avoiding care entirely. (2) Pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 1936 et seq.) (commonly referred to as ``HIPAA''), the Clinton Administration issued comprehensive medical privacy regulations which were promulgated in final form in December 2000. (3) Such regulations established a sound foundation of privacy protections by prohibiting the use or disclosure of an individual's health information unless specifically authorized by the regulations or by the individual. The regulations also provided individuals with the right to be notified of the privacy practices of health plans, health care providers, and health care clearinghouses regarding disclosure of their health information, the right to access and copy their own health records, and the right to request corrections of their health records, among other provisions. (4) Such regulations took effect in April 2001 and require health care providers, health plans (other than small health plans) and health care clearinghouses to comply not later than April 2003. (5) In August 2002, the Bush Administration issued a final rule that significantly weakened medical privacy protections in the December 2000 medical privacy rule. (6) The Bush Administration undermined medical privacy protections by eliminating the rule's requirement that covered entities obtain patient consent before using and disclosing patient health information for treatment, payment, and health care operations. This change means that patients' medical records can be used and disclosed without their permission for a wide range of purposes including business activities that have nothing to do with the treatment of a patient, such as the sale or merger of a health maintenance organization. This change also allows the use and disclosure of information in existing medical records even though patients disclosed the information with the understanding and expectation that it would not be further used or disclosed without their consent. The elimination of consent compromises the confidentiality at the heart of physician-patient relationships, which is indispensable for the delivery of high-quality, thorough care. (7) The Bush Administration also undermined medical privacy protections by expanding the circumstances under which patients' information can be shared without their knowledge or consent to include activities that consumers typically consider marketing. This change was accomplished by narrowing the scope of activities that are regulated by the provisions of the rule governing marketing. Under this change, pharmacies and other providers can use a consumer's medical information without consent to mail the consumer unsolicited drug product recommendations, without having to disclose fees paid by drug companies for sending such communications or provide the consumer an opportunity to decline to receive such communications in the future. (8) The Bush Administration further undermined medical privacy protections by changing the language in the section of the rule governing public health to allow the disclosure of medical information without patient permission to entities regulated by the Food and Drug Administration, such as pharmaceutical companies and medical device manufacturers, for an expanded and broad range of purposes which may include marketing campaigns. In contrast, the December 2000 rule allowed nonconsensual disclosure of patient health information for an exclusive list of public health related activities, such as for the purpose of reporting serious side effects from a prescription drug to the Food and Drug Administration. (9) Reversal of the Bush Administration's changes to the December 2000 medical privacy rule is integral to any effort to ensure medical privacy protection for consumers and preserve access to high-quality health care in the United States. (10) Core medical privacy protections of the December 2000 medical privacy rule should be restored by-- (A) reinstating the patient consent requirement for treatment, payment, and health care operations, while ensuring that the requirement does not impede important health care activities such as filling pharmaceutical prescriptions and making referrals; (B) returning to the December 2000 definition of ``marketing'' and thus ensuring that activities typically considered marketing, such as drug companies paying pharmacies to send product recommendations to patients, fall under the rule's privacy protections relating to the use of patient health information for marketing activities; and (C) eliminating the broad ``public health'' exemption created by the August 2002 rule. SEC. 3. PURPOSE. The purpose of this Act is to restore patient privacy protections essential for high-quality health care that were undermined by the Bush Administration's August 2002 modifications of the December 2000 medical privacy rule. SEC. 4. RESTORATION OF PRIVACY PROTECTIONS. (a) Consent for Uses or Disclosures To Carry Out Treatment, Payment, or Health Care Operations.-- (1) In general.--The modifications made to section 164.506 of title 45, Code of Federal Regulations, by the August 2002 medical privacy rule shall have no force or effect. (2) Clarification regarding instances when consent is not required.--In addition to the circumstances described in the December 2000 medical privacy rule, and notwithstanding any provision to the contrary, such section 164.506 shall be construed and applied so as to permit a health care provider to use or disclose an individual's protected health information without obtaining the prior consent of the individual in the following circumstances: (A) A health care provider may use or disclose an individual's protected health information to fill or dispense a prescription, search for drug interactions related to that prescription, and determine eligibility and obtain authorization for payment regarding that prescription, if the health care provider obtains written consent from the individual as soon as practicable. (B) A health care provider may use or disclose an individual's protected health information to carry out treatment of that individual if-- (i) the individual and the health care provider have not had in-person communication regarding such treatment; (ii) obtaining consent would be impracticable; (iii) the health care provider determines, in the exercise of professional judgment, that the individual's consent is clearly inferred from the circumstances, such as an order or referral from another health care provider; and (iv) the health care provider obtains written consent from the individual as soon as practicable. (b) Marketing.-- (1) In general.--The modifications made by the August 2002 medical privacy rule to the definition of the term ``marketing'' in section 164.501 of title 45, Code of Federal Regulations, shall have no force or effect. (2) Treatment of certain communications.--The exception for oral communications in paragraph (2)(i) of the definition of the term ``marketing'' in section 164.501 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule, shall have no force or effect. (3) Authorizations for marketing.--Section 164.508 of title 45, Code of Federal Regulations, shall be construed and applied so as to require that, if an authorization is required for a use or disclosure for marketing, the authorization shall be considered invalid unless it-- (A) uses the term ``marketing''; (B) states that the purpose of the use or disclosure involved is marketing; (C) describes the specific marketing uses and disclosures authorized, including whether the protected health information involved-- (i) may be used for purposes internal to the covered entity; (ii) may be disclosed to, and used by, a business associate of the covered entity; and (iii) may be disclosed to, and used by, any person or entity other than a business associate of the covered entity; and (D) states that the use or disclosure of protected health information for marketing will directly result in remuneration to the covered entity from a third party, in any case in which a covered entity expects, or reasonably should expect, that such remuneration will occur. (c) Public Health.--The modifications made to section 164.512(b)(1)(iii) of title 45, Code of Federal Regulations, by the August 2002 medical privacy rule shall have no force or effect. SEC. 5. DEFINITIONS; EFFECTIVE DATE. (a) In General.--For purposes of this Act: (1) December 2000 medical privacy rule.--The term ``December 2000 medical privacy rule'' means the final rule on standards for privacy of individually identifiable health information published on December 28, 2000, in the Federal Register (65 Fed. Reg. 82462), including the provisions of title 45, Code of Federal Regulations, revised or added by such rule. (2) August 2002 medical privacy rule.--The term ``August 2002 medical privacy rule'' means the final rule, published on August 14, 2002, in the Federal Register (67 Fed. Reg. 53182), that modified the December 2000 medical privacy rule. (b) Other Terms Defined.--For purposes of this Act: (1) Business associate; covered entity; health care provider.--The terms ``business associate'', ``covered entity'', and ``health care provider'' shall have the meaning given such terms in section 160.103 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule. (2) Disclosure; individual, protected health information; treatment; use.--The terms ``disclosure'', ``individual'', ``protected health information'', ``treatment'', and ``use'' shall have the meaning given such terms in section 164.501 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule. (c) Effective Date; No Regulations Required.--This Act shall take effect on the date of the enactment of this Act and does not require the issuance of regulations.", "summary": "Stop Taking Our Health Privacy (STOHP) Act of 2002 - Declares that modifications made by an August 14, 2002, final rule affecting medical privacy to a Code of Federal Regulations (CFR) section concerning consent for uses or disclosures to carry out treatment, payment, or health care operations shall have no force or effect. Directs that such CFR section shall be construed and applied to permit a health care provider to use or disclose an individual's protected health information without prior consent under specified circumstances, provided that the provider obtains written consent from the individual as soon as practicable.Declares that a CFR section dealing with uses and disclosures for which an authorization is required shall be construed and applied so that an authorization shall be invalid unless it meets specified criteria, including that it describes the specific marketing uses and disclosures authorized.States that the modifications made by the August 14 final rule dealing with permitted disclosures for public health activities shall have no force or effect."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Reconstruction Study Area Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Reconstruction Era, during which Congress adopted the 13th amendment ending slavery, the 14th amendment guaranteeing civil rights, and the 15th amendment guaranteeing voting rights to all citizens of the United States, saw the occurrence of a transforming series of events in the history of the United States. (2) Beaufort, South Carolina, and the surrounding sea islands-- (A) contain significant historical and archaeological sites associated with the Reconstruction Era; and (B) offer a unique opportunity for preserving and interpreting the Reconstruction Era. (3) The first African-Americans to hear the reading of Abraham Lincoln's Emancipation Proclamation assembled on January 1, 1863, at the Old Fort Plantation on the Beaufort River in the State of South Carolina. (4) The Penn School, a national historic landmark located on St. Helena Island, South Carolina-- (A) was the first educational experiment of the Reconstruction Era and the eventual end of chattel slavery; and (B) remains 1 of the most significant African- American cultural and educational institutions in the United States. (5) The Freedmen's Bureau, located in the restored Beaufort College, served as the chief policy arm of the Federal Government for matters related to emancipated slaves during the Reconstruction Era. (6) Beaufort County, South Carolina, and the surrounding sea islands have many other noteworthy historic buildings and archaeological sites, including-- (A) buildings and sites associated with Robert Smalls, a former slave who-- (i) became a hero to the Union cause when he and several slaves seized control of the armed Confederate ship on which they served and then turned the ship over to the Union navy; and (ii) represented the State of South Carolina in the House of Representatives during the Reconstruction Era; (B) the first Freedmen's Village of Mitchellville on Hilton Head Island, South Carolina; (C) Camp Sexton, the site of the first African- American regiment mustered in the United States Army; and (D) Penn School and Beaufort College. (7) The National Park System does not have a park or historic site that focuses primarily on the preservation and interpretation of the Reconstruction Era. (8) The Reconstruction Era was a period of deep cultural, political, and economic division in the United States, and it is necessary to better understand this complex period of history and the continuing impact of this period on the United States. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (2) Study area.-- (A) In general.--The term ``study area'' means the area comprised of historical sites in the historic district of Beaufort, South Carolina, relating to the Reconstruction Era. (B) Inclusions.--The term ``study area'' includes the following: (i) The Penn School. (ii) The Old Fort Plantation on the Beaufort River. (iii) The Freedmen's Bureau in Beaufort College. (iv) The First Freedmen's Village of Mitchellville on Hilton Head Island. (v) Various historic buildings and archaeological sites associated with Robert Smalls. (vi) The Beaufort Arsenal. (vii) other significant sites relating to the Reconstruction Era. SEC. 4. STUDY. (a) In General.--The Secretary shall complete a study of the study area to assess the suitability and feasibility of designating the study area as a unit of the National Park System. (b) Applicable Law.--The study required under subsection (a) shall be conducted in accordance with Public Law 91-383 (16 U.S.C. 1a-1 et seq.). SEC. 5. REPORT. As soon as practicable after the study under section 4 is completed, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the findings of the study and any conclusions and recommendations of the Secretary.", "summary": "National Reconstruction Study Area Act - Directs the Secretary of the Interior to study and report on the suitability and feasibility of designating an area comprised of historical sites in the historic district of Beaufort, South Carolina, relating to the Reconstruction Era as a unit of the National Park System."}
{"article": "SECTION 1. POSTHUMOUS CITIZENSHIP FOR TERRORIST ATTACK VICTIMS. (a) Permitting Granting of Posthumous Citizenship.--Notwithstanding any provision of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), the Attorney General shall provide, in accordance with this section, for the granting of posthumous citizenship, as of September 10, 2001, to a person described in subsection (b), if the Attorney General approves an application for such citizenship filed under subsection (e). (b) Noncitizens Eligible for Posthumous Citizenship.--A person referred to in subsection (a) is a person who-- (1) while an alien or a noncitizen national of the United States, died as a result of an injury incurred in one or more of the events described in subsection (c); (2) was not culpable for any of such events; and (3) on September 11, 2001-- (A) had pending an application for naturalization, or for a certificate of citizenship, filed with the Attorney General by the person; or (B) was the beneficiary of a pending application for naturalization filed with the Attorney General by a parent of the person. (c) Events Described.-- (1) In general.--The events described in this subsection are the following: (A) The hijacking of American Airlines Flight 11 on September 11, 2001, the crash of that aircraft into the World Trade Center in New York, New York, and the subsequent destruction that resulted. (B) The hijacking of United Airlines Flight 175 on such date, the crash of that aircraft into the World Trade Center in New York, New York, and the subsequent destruction that resulted. (C) The hijacking of American Airlines Flight 77 on such date, the crash of that aircraft into the Pentagon in Arlington, Virginia, and the subsequent destruction that resulted. (D) The hijacking of United Airlines Flight 93 on such date, and the crash of that aircraft in Stony Creek Township, Pennsylvania. (2) Response personnel included.--Any person who died as a result of an injury incurred while assisting in the emergency response to an event described in paragraph (1) (such as military personnel, law enforcement officers, firefighters, emergency management personnel, search and rescue personnel, medical personnel, engineers and other personnel providing technical assistance, and volunteers) shall be considered to have died as a result of an injury incurred in such event. (d) Requirements.-- (1) In general.--Unless otherwise provided by this section, no person may be granted posthumous citizenship under this section who would not otherwise have been eligible for naturalization on the date of the person's death. Unless otherwise provided by this section, any provision of law that specifically bars or prohibits a person from being naturalized as a citizen of the United States shall be applied to the granting of posthumous citizenship under this section. (2) Waiver of english language and government requirements.--Notwithstanding section 312 of the Immigration and Nationality Act (8 U.S.C. 1423), or any similar provision of law requiring that a person demonstrate an understanding of the English language or a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States in order to be naturalized, no such demonstration shall be required for the granting of posthumous citizenship under this section. (3) Waiver of oath.--No oath of renunciation or allegiance shall be required for the granting of posthumous citizenship under this section. (4) Investigation of applicants; examination of applications.--To the maximum extent practicable, the investigation and examination described in section 335 of the Immigration and Nationality Act (8 U.S.C. 1446) shall be conducted with respect to an application described in subsection (b)(3) in the same manner as they otherwise would have been conducted if the subject of the application had not died. (e) Requests for Posthumous Citizenship.--A request for the granting of posthumous citizenship to a person described in subsection (b) may be filed on behalf of the person only by the next of kin (as defined by the Attorney General) or another representative (as defined by the Attorney General), and must be filed not later than 2 years after the later of-- (1) the date of the enactment of this section; or (2) the date of the person's death. (f) Documentation of Posthumous Citizenship.--If the Attorney General approves such a request to grant a person posthumous citizenship, the Attorney General shall send to the individual who filed the request a suitable document which states that the United States considers the person to have been a citizen of the United States on and after September 10, 2001. (g) No Benefits to Survivors.--Nothing in this section shall be construed as providing for any benefits under the Immigration and Nationality Act for any spouse, son, daughter, or other relative of a person granted posthumous citizenship under this section.", "summary": "Directs the Attorney General to provide for the granting of posthumous citizenship, as of September 12, 2001, to certain nonculpable aliens or noncitizen nationals otherwise eligible for naturalization who died as a result of the hijackings of four airliners, the attacks on the World Trade Center and the Pentagon, or as a result of injuries sustained while assisting in the emergency response to the events of September 11, 2001."}
{"article": "SECTION 1. DISPLAY OF WOMEN VETERANS BILL OF RIGHTS. (a) Display.--The Secretary of Veterans Affairs shall ensure that the Women Veterans Bill of Rights described in subsection (b) is printed on signs in accessible formats and displayed prominently and conspicuously in each facility of the Department of Veterans Affairs and distributed widely to women veterans. (b) Women Veterans Bill of Rights.--The Women Veterans Bill of Rights described in this subsection is a sign stating that women veterans should have the following rights: (1) The right to a coordinated, comprehensive, primary women's health care, at every Department of Veterans Affairs medical facility, including the recognized models of best practices, systems, and structures for care delivery that ensure that every woman veteran has access to a Department of Veterans Affairs primary care provider who can meet all her primary care needs, including gender-specific, acute and chronic illness, preventive, and mental health care. (2) The right to be treated with dignity and respect at all Department of Veterans Affairs facilities. (3) The right to innovation in care delivery promoted and incentivized by the Veterans Health Administration to support local best practices fitted to the particular configuration and women veteran population. (4) The right to request and get treatment by clinicians with specific training and experience in women's health issues. (5) The right to enhanced capabilities of medical providers, clinical support, non-clinical, and administrative, to meet the comprehensive health care needs of women veterans. (6) The right to request and expect gender equity in provision of clinical health care services. (7) The right to equal access to health care services as that of their male counterparts. (8) The right to parity to their male veteran counterpart regarding the outcome of performance measures of health care services. (9) The right to be informed, through outreach campaigns, of benefits under laws administered by the Secretary of Veterans Affairs and to be included in Department outreach materials for any benefits and service to which they are entitled. (10) The right to be featured proportionately, including by age and ethnicity, in Department outreach materials, including electronic and print media that clearly depict them as being the recipient of the benefits and services provided by the Department. (11) The right to be recognized as an important separate population in new strategic plans for service delivery within the health care system of the Department of Veterans Affairs. (12) The right to equal consideration in hiring and employment for any job to which they apply. (13) The right to equal consideration in securing Federal contracts. (14) The right to equal access and accommodations in homeless programs that will meet their unique family needs. (15) The right to have their claims adjudicated equally, fairly, and accurately without bias or disparate treatment. (16) The right to have their military sexual trauma and other injuries compensated in a way that reflects the level of trauma sustained. (17) The right to expect that all veteran service officers, especially those who are trained by the Department of Veterans Affairs Training Responsibility Involvement Preparation program for claims processing, are required to receive training to be aware of and sensitive to the signs of military sexual trauma, domestic violence, and personal assault. (18) The right to the availability of female personnel to assist them in the disability claims application and appellate processes of the Department. (19) The right to the availability of female compensation and pension examiners. (20) The right to expect specialized training be provided to disability rating personnel regarding military sexual trauma and gender-specific illnesses so that these claims can be adjudicated more accurately. (21) The right to expect the collection of gender-specific data on disability ratings, for the performance of longitudinal and trend analyses, and for other applicable purposes. (22) The right to a method to identify and track outcomes for all claims involving personal assault trauma, regardless of the resulting disability. (23) The right for women veterans' programs and women veteran coordinators to be measured and evaluated for performance, consistency, and accountability. (24) The right to burial benefits under the laws administered by the Secretary of Veterans Affairs. SEC. 2. DISPLAY OF INJURED AND AMPUTEE VETERANS BILL OF RIGHTS. (a) Display.--The Secretary of Veterans Affairs shall ensure that the Injured and Amputee Veterans Bill of Rights described in subsection (b) is printed on signs in accessible formats and displayed prominently and conspicuously in each prosthetics and orthotics clinic of the Department of Veterans Affairs. (b) Injured and Amputee Veterans Bill of Rights.--The Injured and Amputee Veterans Bill of Rights described in this subsection is a statement that injured and amputee veterans should have the following rights: (1) The right to access the highest quality prosthetic and orthotic care, including the right to the most appropriate technology and best qualified practitioners. (2) The right to continuity of care in the transition from the Department of Defense health program to the Department of Veterans Affairs health care system, including comparable benefits relating to prosthetic and orthotic services. (3) The right to select the practitioner that best meets their orthotic and prosthetic needs, whether or not that practitioner is an employee of the Department of Veterans Affairs, a private practitioner who has entered into a contract with the Secretary of Veterans Affairs to provide prosthetic and orthotic services, or a private practitioner with specialized expertise. (4) The right to consistent and portable health care, including the right to obtain comparable services and technology at any medical facility of the Department of Veterans Affairs across the country. (5) The right to timely and efficient prosthetic and orthotic care, including a speedy authorization process with expedited authorization available for veterans visiting from another area of the country. (6) The right to play a meaningful role in rehabilitation decisions, including the right to receive a second opinion regarding prosthetic and orthotic treatment options. (7) The right to receive appropriate treatment, including the right to receive both a primary prosthesis or orthosis and a functional spare. (8) The right to be treated with respect and dignity and have an optimal quality of life both during and after rehabilitation. (9) The right to transition and readjust to civilian life in an honorable manner, including by having ample access to vocational rehabilitation, employment programs, and housing assistance. (c) Monitoring and Resolution of Complaints.-- (1) In general.--The Secretary of Veterans Affairs, acting through the veteran liaison at each medical center of the Department of Veterans Affairs, shall collect information relating to the alleged mistreatment of injured and amputee veterans. (2) Quarterly reports.--For each fiscal quarter, the veteran liaison at each medical center of the Department shall submit to the Chief Consultant of Prosthetics and Sensory Aids of the Department a report on any information collected under paragraph (1) during that quarter. (3) Investigation and addressing of complaints.--The Chief Consultant, in cooperation with appropriate employees of a medical center of the Department, shall investigate and address any information collected under paragraph (1) at that medical center. SEC. 3. EDUCATION AND OUTREACH. (a) Education of Department Employees.--The Secretary of Veterans Affairs shall ensure that-- (1) all employees of the Department of Veterans Affairs receive training on the Women Veterans Bill of Rights described in section 1; and (2) employees of the Department who work at prosthetics and orthotics clinics and who work as patient advocates with veterans who receive care at such clinics, including Federal recovery coordinators and case managers, receive training on the Injured and Amputee Veterans Bill of Rights described in section 2. (b) Outreach to Veterans.--The Secretary of Veterans Affairs shall conduct outreach to inform veterans about the Women Veterans Bill of Rights described in section 1 and the Injured and Amputee Veterans Bill of Rights described in section 2 by-- (1) ensuring that such Bills of Rights are available on the Internet website of the Department of Veterans Affairs; and (2) conducting other types of outreach targeted at specific groups of veterans, which may include outreach conducted on other Internet websites or through veterans service organizations. SEC. 4. EXCLUSION OF CERTAIN SERVICES. Nothing in this Act shall be construed to establish a right to any service excluded under 38 CFR 17.38, as in effect on the date of the enactment of this Act. Passed the House of Representatives November 30, 2010. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Directs the Secretary of Veterans Affairs (VA) to ensure that the Women Veterans Bill of Rights is printed on signs in accessible formats and displayed prominently in each VA facility and distributed widely to such veterans. Enumerates health care rights to be included in the Bill of Rights, including the right to: (1) coordinated, comprehensive, primary women's health care at every VA medical facility; (2) treatment by clinicians with specific training and experience in women's health issues; and (3) gender equity in access to and the provision of clinical health care services. Directs the Secretary to ensure that the Injured and Amputee Veterans Bill of Rights is printed on signs in accessible formats and displayed prominently in each VA prosthetics and orthotics clinic. Enumerates rights to be included in such Bill of Rights, including the right to: (1) access the highest quality prosthetic and orthotic care; (2) select the practitioner that best meets their prosthetic and orthotic needs; and (3) timely and efficient prosthetic and orthotic care. Requires the Secretary to collect information relating to alleged mistreatment of injured and amputee veterans. Directs the Secretary to: (1) ensure that all VA employees receive training on the Women Veterans Bill of Rights, and that appropriate VA employees receive training on the Injured and Amputee Veterans Bill of Rights; and (2) conduct outreach to inform veterans about both Bills of Rights, and to make them available on the VA Internet website."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Prison Work and Victim Restitution Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) work is inherently American and honorable; (2) work is of fundamental importance to any orderly society which reveres such common values as responsibility, independence, and respect for others; (3) in order to reduce recidivism, provide restitution to victims, reparations to communities, and promote the values of responsibility, independence, and respect for others, the Federal Government should enact policies which expand work, educational, and life skills opportunities for prisoners incarcerated in Federal and State penal institutions; (4) American taxpayers are justified to expect that prisoners reimburse the United States Treasury for the cost of their incarceration, and in addition, that prisoners should make monetary restitution to a fund which benefits the victims of crime; (5) prisoners should be prohibited from engaging in certain types of activities which are not healthy and conducive to their successful rehabilitation and restitution; (6) prisoners should not have access to certain amenities which are unnecessary, enhance leisure activities, or do not promote successful rehabilitation; (7) existing Federal laws limit prisoners from engaging in work, and do not impose mandatory work requirements for prisoners; (8) existing barriers to prisoner labor should be removed and Federal laws should be strengthened to ensure that prisoners, their victims, taxpayers, and society in general reap the maximum benefits and positive values associated with work; and (9) when implemented effectively, shock incarceration, or ``boot camp'' programs, can provide offenders with a heightened sense of personal responsibility, confidence, self-discipline, and an increased ability to make a successful return to the community while maximizing and fostering a safe and orderly work environment for corrections' personnel. SEC. 3. WORK REQUIREMENT FOR FEDERAL PRISONERS. (a) Work Requirement.--Section 2905 of the Crime Control Act of 1990 (18 U.S.C. 4121 note) is amended by adding at the end of subsection (a) the following: ``Subject to this section, such inmates shall engage in work for not less than 50 hours weekly. In addition inmates shall engage job-training and educational and life skills preparation study. In the event that opportunities otherwise provided by law for inmates to work are not sufficient to meet the requirements of the preceding sentence, notwithstanding any other provision of law, the services of prisoners may also be made available to nonprofit entities to carry out any of their business or other functions. Each authority of the United States that makes grants to nonprofit entities shall take appropriate action to inform such entities of the availability of inmates for this purpose. The Attorney General shall make rules governing the provision of services by inmates to such entities and the payment of any wages or other compensation for such services.''. (b) Use of Prison Labor by Private Entities.--The Attorney General shall, not later than one year after the date of the enactment of this Act, submit legislative recommendations to Congress to permit Federal prisoners to perform work for private employers while minimizing the economic impact on the private sector of this expansion of the use of prison labor. (c) Use of Revenues From Prison Labor.-- (1) There is established in the Treasury a Fund (hereinafter in this subsection referred to as the ``Fund''). (2) All proceeds and wages, less any taxes or withholding required by Federal or State law, from prison labor performed by inmates under the supervision of the Attorney General shall be placed in the Fund. (3) The Fund shall be used, under guidelines established by the Attorney General, as follows: (A) One third shall be used to offset the costs of prisoner incarceration. (B) One third shall be used for victim restitution. (C) One tenth to be held in a non-interest bearing account for the individual prisoner, to be paid on release from prison, but if the prisoner will not be eligible for release, then this portion shall be immediately available for use under subparagraph (B). (D) The remainder to States and local jurisdictions that operate correctional facilities to benefit the dependents of prisoners, but only to those States the Attorney General determines have substantially the same prison work requirements and prison conditions as established for Federal prisoners. SEC. 4. PRISON CONDITIONS. The Bureau of Prisons shall ensure that Federal prisoners-- (1) do not possess, view, or read pornographic or sexually explicit materials; (2) are subject not less often than once each month to a combination of random and regularly scheduled testing for drugs and illegal substances; (3) do not possess microwave ovens, hot plates, toaster ovens, or televisions (unless provided by the prison for group viewing), or VCRs; (4) do not possess, or listen to, music which contains lyrics that are violent, sexually explicit, vulgar, glamorize gang membership or activities, demean women or disrespect law enforcement; (5) do not view cable television which is not educational in nature; and (6) do not engage in sexual activity. SEC. 5. REPORT ON DRUG TESTING COSTS. Not later than one year after the date of the enactment of this Act, the Attorney General, in consultation with the General Accounting Office, shall report to Congress the then anticipated annual costs, for each of the 5 following fiscal years, of implementing a monthly drug testing program for all Federal prisoners. SEC. 6. DRUG DETECTION DOG PROGRAM. (a) In General.--Not later than one year after the date of the enactment of this Act, the Attorney General shall establish a program to utilize drug detection dogs in inmate work areas, living quarters, and delivery areas for the purpose of detecting narcotics. (b) Authorization.--There is authorized to be appropriated $10,000,000 to carry out subsection (a). SEC. 7. ELIMINATION OF SENTENCING INEQUITIES FOR DRUG OFFENDERS. (a) In General.--Subparagraph (B) of section 3621(e)(2) of title 18, United States Code, is amended to read as follows: ``(B) Administration of treatment programs.--The Attorney General shall ensure through the use of all appropriate and available incentives and sanctions that eligible prisoners undergo a program of substance abuse treatment.''. (b) Conforming Amendment.--The heading for paragraph (2) of section 3621(e) of title 18, United States Code, is amended by striking ``Incentive for prisoners' successful completion of treatment program'' and inserting ``Treatment requirement''. (c) Eligibility.--Clause (ii) of section 3621(e)(5)(B) of title 18, United States Code, is amended to read as follows: ``(ii) within 24 months of the date of release, or is otherwise designated by the Bureau of Prisons for participation in a residential substance abuse treatment program; and''. SEC. 8. BOOT CAMP REQUIREMENT. Section 4046 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``may'' and inserting ``shall, except as provided in subsection (d),''; and (B) by striking ``of more than 12'' and all that follows through the end of such subsection and inserting a period; (2) in subsection (b), by striking ``not to exceed 6 months'' and inserting ``which shall be not less than 4 weeks''; and (3) by adding at the end the following: ``(d) An inmate who, in the judgment of the Bureau of Prisons, either does not successfully complete the required period of shock incarceration or is physically or mentally unfit to participate in the activities required by shock incarceration, shall be confined to that inmate's cell for not less than 23 hours each day during the portion of the term of imprisonment that would otherwise be spent in shock incarceration and shall, during the remainder of that term, be granted no privileges other than those required by law.''.", "summary": "Common Sense Prison Work and Victim Restitution Act of 1998 - Amends the Crime Control Act of 1990 to require convicted inmates confined in Federal prisons, jails, and other detention facilities to engage in: (1) work for not less than 50 hours weekly; and (2) job-training and educational and life skills preparation study. Allows nonprofit entities to utilize the services of prisoners if opportunities otherwise provided by law for inmates to work are insufficient to meet such requirements. Directs the Attorney General to submit legislative recommendations to the Congress to permit Federal prisoners to perform work for private employers while minimizing the economic impact on the private sector of this expansion of the use of prison labor. Establishes in the Treasury a Fund into which shall be placed all proceeds and wages from prison labor. Directs that such Fund be used as follows: (1) one third to offset the costs of prisoner incarceration; (2) one third for victim restitution; (3) one tenth for payment into the individual prisoner's account to be paid upon his or her release; and (4) the remainder for payments to States and local jurisdictions that operate correctional facilities with prison work requirements that are substantially the same as Federal requirements for programs to benefit the dependents of prisoners. (Sec. 4) Directs the Bureau of Prisons to ensure that Federal prisoners: (1) do not possess, view, or read pornographic or sexually explicit materials; (2) are subject not less often than once each month to a combination of random and regularly scheduled testing for drugs and illegal substances; (3) do not possess microwave ovens, hot plates, toaster ovens, televisions (unless provided by the prison for group viewing), or VCRs; (4) do not possess or listen to music which contains lyrics that are violent, sexually explicit, or vulgar or that glamorize gang membership or activities, demean women, or disrespect law enforcement; (5) do not view cable television which is not educational in nature; and (6) do not engage in sexual activity. (Sec. 5) Directs the Attorney General to: (1) report to the Congress, one year after this Act's enactment date, on anticipated annual costs, for each of the five following fiscal years, of implementing a monthly drug testing program for all Federal prisoners; and (2) establish a program to utilize dogs in inmate work areas, living quarters, and delivery areas to detect narcotics (authorizes appropriations). (Sec. 7) Amends Federal criminal code provisions regarding substance abuse treatment to require the Attorney General to ensure through the use of all appropriate and available incentives and sanctions that eligible prisoners undergo a program of substance abuse treatment. (Sec. 8) Requires (currently, authorizes for a limited period if the prisoner consents) the Bureau to place in a shock incarceration program any person who is sentenced to a term of imprisonment, with an exception. Limits the initial portion of the term of imprisonment to four weeks. Directs that an inmate who, in the Bureau's judgment, either does not successfully complete the required period of shock incarceration or is physically or mentally unfit to participate, be confined to that inmate's cell for not less than 23 hours each day during the portion of the term of imprisonment that would otherwise be spent in shock incarceration and, during the remainder of that term, be granted no privileges other than those required by law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Background Checks Act of 2013''. SEC. 2. PENALTIES FOR STATES THAT DO NOT MAKE DATA AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. (a) Increased Mandatory Penalties.--Section 104(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraph (3) and inserting after paragraph (2) the following new paragraphs: ``(3) Increased mandatory reductions.--Notwithstanding paragraphs (1) and (2), after the expiration of the period referred to in section 107(b), the Attorney General shall withhold 10 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755), if-- ``(A) the State fails to comply with section 107; or ``(B) the State provides less than 90 percent of the records required to be provided under sections 102 and 103. ``(4) Waivers by attorney general.--The Attorney General may-- ``(A) waive the applicability of paragraph (2) to a State if the State provides substantial evidence, as determined by the Attorney General, that the State is making a reasonable effort to comply with the requirements of sections 102 and 103, including an inability to comply due to court order or other legal restriction; ``(B) waive the applicability of paragraph (3) to a State for one year if the State provides substantial evidence, as determined by the Attorney General, that the State is making a reasonable effort to comply with the requirements of sections 102, 103, and 107, including an inability to comply due to court order, conflicts between section 107 and the constitution of the State, or other legal restriction; and ``(C) waive the applicability of paragraph (3), in part, to a State for which the waiver period under subparagraph (B) has expired, for additional one-year periods, if-- ``(i) the State provides substantial evidence, as determined by the Attorney General, that the State is making a reasonable effort to comply with the requirements of sections 102, 103, and 107, including an inability to comply due to court order, conflicts between section 107 and the constitution of the State, or other legal restriction; and ``(ii) the Attorney General withholds 5 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) for each such one- year period.''. (b) State Laws Requiring Provision of Records.--Title I of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is further amended by inserting after section 106 the following new section: ``SEC. 107. STATE LAWS REQUIRING PROVISION OF RECORDS. ``(a) In General.--For each fiscal year after the expiration of the period specified in subsection (b), the State shall have in effect throughout the State laws and policies that-- ``(1) require the State to provide to the Attorney General not less than 90 percent of the records required to be provided under sections 102 and 103; and ``(2) require the State to provide such records to the Attorney General in the same manner, or in a manner substantially similar to, the manner in which such records are required to be provided by the State under such sections. ``(b) Compliance Period.--Each State shall have not more than 2 years from the date of enactment of the Strengthening Background Checks Act of 2013 in which to fully implement this section.''. (c) Authorization and Appropriation for Implementation Assistance to States.-- (1) Authorization of appropriations.--Section 103(e) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended-- (A) in paragraph (1), by striking ``$125,000,000 for fiscal year 2012'' and all that follows and inserting ``and $125,000,000 for each of fiscal years 2012 through 2015.''; and (B) in paragraph (2), by striking ``fiscal years 2011, 2012, and 2013'' and inserting ``each of fiscal years 2011 through 2015''. (2) Appropriation.-- (A) In general.--There are hereby appropriated for the first fiscal year beginning after the date of enactment of this Act, out of funds in the Treasury not otherwise appropriated, $125,000,000 to carry out the grant program authorized under section 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note). (B) Offset.--Of the unobligated balances available under the Department of Justice Assets Forfeiture Fund, $125,000,000 are permanently cancelled.", "summary": "Strengthening Background Checks Act of 2013 - Amends the NICS Improvement Amendments Act of 2007 to require each state, for each fiscal year after a two-year period after this Act's enactment, to have in effect laws and policies that require it to: (1) provide to the Attorney General not less than 90% of the records relevant to a determination of whether a person is disqualified from possessing or receiving a firearm that are required to be provided under such Act for the National Instant Criminal Background Check System; and (2) provide such records to the Attorney General in the same manner, or in a manner substantially similar to, that in which such records are required to be provided by the state under such Act. Directs the Attorney General to withhold 10% of the Edward Byrne Memorial Justice Assistance Grant funds that would otherwise be allocated to the state if the state fails to comply with such requirements. Authorizes the Attorney General to waive such withholding for a state: (1) for one year if the state provides substantial evidence that it is making a reasonable effort to comply; and (2) for additional one-year periods if the state provides substantial evidence that it is making a reasonable effort to comply and if the Attorney General withholds 5% of the amount that would otherwise be allocated to a state for each one-year period. Authorizes appropriations for FY2012-FY2015 for grants under such Act to states and Indian tribal governments to establish or upgrade information and identification technologies for firearms eligibility determinations. Appropriates such authorized amount for the first fiscal year beginning after enactment of this Act and cancels a corresponding amount of the unobligated balances available under the Department of Justice Assets Forfeiture Fund."}
{"article": "SECTION 1. SHORT TITLE. This bill may be cited as the ``Freedom to Fish Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Recreational fishing is traditionally one of the most popular outdoor sports with more than 45 million participants of all ages, in all regions of the country. (2) Recreational fishing makes substantial contributions to the local, State, and national economies. According to the most recent economic figures, recreational fishing infuses $108 billion annually into the national economy. Nationally, over 1.2 million jobs are related to recreational fishing; this represents approximately 1 percent of the nation's entire civilian work force. For those communities and small businesses that rely on seasonal tourism, the expenditures of recreational fishers result in substantial benefits to the local economies. (3) Recreational fishers have long demonstrated a conservation ethic. Through catch-and-release fisheries and through the use of non-lethal fishing gear. In addition to payment of Federal excise taxes on fishing equipment, motorboats and fuel, as well as license fees, recreational fishers contribute over $500 million annually to State fisheries conservation management programs and projects. (4) The single most important element of recreational fishing is open access to places to fish. The open access principle is universally accepted on all Federal lands and waters including wildlife refuges, national parks, wilderness areas, and the exclusive economic zone. (5) All recreational fishery resources can be maintained through a variety of management measures including take limits, minimum size requirements, and closed seasons without unnecessarily restricting public access to places to fish. (6) The absence of clear Congressional policy has confused the general public as to how programs within the National Oceanic and Atmospheric Administration complement one another with respect to recreational fishing. SEC. 3. POLICY. It is the policy of the Congress in this Act-- (1) to ensure that all Federal regulations promote open access for recreational fishing to the maximum extent practicable; (2) to ensure that recreational fishers will be actively involved in any regulatory procedures that contemplate restrictions on their access to places to fish; and (3) to ensure that whenever access to fishing places is restricted, that the restricted areas be as small as are scientifically necessary to provide for the conservation of the fishery resource. SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT AMENDMENT. Section 303(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)) is amended-- (1) by striking ``and'' after the semicolon in paragraph (13); (2) by striking ``fishery.'' in paragraph (14) and inserting ``fishery; and''; and (3) by adding at the end the following: ``(15) not establish areas closed to recreational fishing unless-- ``(A) there is a clear indication that recreational fishermen are the cause of a specific conservation problem and that less severe conservation measures, such as gear restrictions, quotas, or closed seasons will not adequately provide for conservation and management of the affected stocks of fish; ``(B) the closed area regulation includes specific measurable criteria to determine the conservation benefit of the closed area on the affected stocks of fish and provides a timetable for periodic review of the continued need for the closed area at least once every three years; ``(C) the closed area is no larger than that which is supported by the best available scientific information; or ``(D) provision is made to reopen the closed area to recreational fishing whenever the condition in subparagraph (A), (B), or (C) that was the basis of the closure no longer exists.''. SEC. 5. NATIONAL MARINE SANCTUARIES ACT AMENDMENT. Section 304(a)(5) of the National Marine Sanctuaries Act (16 U.S.C. 1434(a)(5)) is amended to read as follows: ``(5) Fishing regulations.--The Secretary shall provide the appropriate Regional Fishery Management Council with the opportunity to propose, and revise from time to time, all regulations applicable to fishing within designated marine sanctuaries according to the standards and procedures of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). The regulations, upon approval by the Secretary, shall apply within the exclusive economic zone, and may be applied within the boundaries of a State, with the approval of the Governor of the State, or pursuant to the authority of the Secretary under section 306(b) of that Act (16 U.S.C. 1856(b)).''.", "summary": "Amends the National Marine Sanctuaries Act to direct the Secretary to provide such a Council with the opportunity to propose and revise all regulations applicable to fishing within designated marine sanctuaries according to the standards and procedures of the Magnuson-Stevens Fishery Conservation and Management Act. Requires such regulations, upon approval by the Secretary, to apply within the exclusive economic zone and allows them to be applied within a State, with the approval of the State's Governor or pursuant to the Secretary's authority under such Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``All Economic Regulations are Transparent Act of 2015'' or the ``ALERT Act of 2015''. SEC. 2. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF INFORMATION RELATING TO RULES. (a) Amendment.--Title 5, United States Code, is amended by inserting after chapter 6, the following new chapter: ``CHAPTER 6A--OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF INFORMATION RELATING TO RULES ``Sec. 651. Agency monthly submission to office of information and regulatory affairs. ``Sec. 652. Office of information and regulatory affairs publications. ``Sec. 653. Requirement for rules to appear in agency-specific monthly publication. ``Sec. 654. Definitions. ``SEC. 651. AGENCY MONTHLY SUBMISSION TO OFFICE OF INFORMATION AND REGULATORY AFFAIRS. ``On a monthly basis, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs (referred to in this chapter as the `Administrator'), in such a manner as the Administrator may reasonably require, the following information: ``(1) For each rule that the agency expects to propose or finalize during the following year: ``(A) A summary of the nature of the rule, including the regulation identifier number and the docket number for the rule. ``(B) The objectives of and legal basis for the issuance of the rule, including-- ``(i) any statutory or judicial deadline; and ``(ii) whether the legal basis restricts or precludes the agency from conducting an analysis of the costs or benefits of the rule during the rule making, and if not, whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rule making. ``(C) Whether the agency plans to claim an exemption from the requirements of section 553 pursuant to section 553(b)(B). ``(D) The stage of the rule making as of the date of submission. ``(E) Whether the rule is subject to review under section 610. ``(2) For any rule for which the agency expects to finalize during the following year and has issued a general notice of proposed rule making-- ``(A) an approximate schedule for completing action on the rule; ``(B) an estimate of whether the rule will cost-- ``(i) less than $50,000,000; ``(ii) $50,000,000 or more but less than $100,000,000; ``(iii) $100,000,000 or more but less than $500,000,000; ``(iv) $500,000,000 or more but less than $1,000,000,000; ``(v) $1,000,000,000 or more but less than $5,000,000,000; ``(vi) $5,000,000,000 or more but less than $10,000,000,000; or ``(vii) $10,000,000,000 or more; and ``(C) any estimate of the economic effects of the rule, including any estimate of the net effect that the rule will have on the number of jobs in the United States, that was considered in drafting the rule. If such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the rule has been considered. ``SEC. 652. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATIONS. ``(a) Agency-Specific Information Published Monthly.--Not later than 30 days after the submission of information pursuant to section 651, the Administrator shall make such information publicly available on the Internet. ``(b) Cumulative Assessment of Agency Rule Making Published Annually.-- ``(1) Publication in the federal register.--Not later than October 1 of each year, the Administrator shall publish in the Federal Register, for the previous year the following: ``(A) The information that the Administrator received from the head of each agency under section 651. ``(B) The number of rules and a list of each such rule-- ``(i) that was proposed by each agency, including, for each such rule, an indication of whether the issuing agency conducted an analysis of the costs or benefits of the rule; and ``(ii) that was finalized by each agency, including for each such rule an indication of whether-- ``(I) the issuing agency conducted an analysis of the costs or benefits of the rule; ``(II) the agency claimed an exemption from the procedures under section 553 pursuant to section 553(b)(B); and ``(III) the rule was issued pursuant to a statutory mandate or the rule making is committed to agency discretion by law. ``(C) The number of agency actions and a list of each such action taken by each agency that-- ``(i) repealed a rule; ``(ii) reduced the scope of a rule; ``(iii) reduced the cost of a rule; or ``(iv) accelerated the expiration date of a rule. ``(D) The total cost (without reducing the cost by any offsetting benefits) of all rules proposed or finalized, and the number of rules for which an estimate of the cost of the rule was not available. ``(2) Publication on the internet.--Not later than October 1 of each year, the Administrator shall make publicly available on the Internet the following: ``(A) The analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the previous year. ``(B) The docket number and regulation identifier number for each proposed or final rule issued by an agency for the previous year. ``(C) The number of rules and a list of each such rule reviewed by the Director of the Office of Management and Budget for the previous year, and the authority under which each such review was conducted. ``(D) The number of rules and a list of each such rule for which the head of an agency completed a review under section 610 for the previous year. ``(E) The number of rules and a list of each such rule submitted to the Comptroller General under section 801. ``(F) The number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the House of Representatives or the Senate under section 802. ``SEC. 653. REQUIREMENT FOR RULES TO APPEAR IN AGENCY-SPECIFIC MONTHLY PUBLICATION. ``(a) In General.--Subject to subsection (b), a rule may not take effect until the information required to be made publicly available on the Internet regarding such rule pursuant to section 652(a) has been so available for not less than 6 months. ``(b) Exceptions.--The requirement of subsection (a) shall not apply in the case of a rule-- ``(1) for which the agency issuing the rule claims an exception under section 553(b)(B); or ``(2) which the President determines by Executive order should take effect because the rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement. ``SEC. 654. DEFINITIONS. ``In this chapter, the terms `agency', `agency action', `rule', and `rule making' have the meanings given those terms in section 551.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 5, the following: ``6. The Analysis of Regulatory Functions.................. 601 ``6A. Office of Information and Regulatory Affairs 651''. Publication of Information Relating to Rules. (c) Effective Dates.-- (1) Agency monthly submission to the office of information and regulatory affairs.--The first submission required pursuant to section 651 of title 5, United States Code, as added by subsection (a), shall be submitted not later than 30 days after the date of the enactment of this Act, and monthly thereafter. (2) Cumulative assessment of agency rule making.-- (A) In general.--Subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall take effect on the date that is 60 days after the date of the enactment of this Act. (B) Deadline.--The first requirement to publish or make available, as the case may be, under subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall be the first October 1 after the effective date of such subsection. (C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (3) Requirement for rules to appear in agency-specific monthly publication.--Section 653 of title 5, United States Code, as added by subsection (a), shall take effect on the date that is 8 months after the date of the enactment of this Act.", "summary": ". The expanded summary of the version reported by the House Committee on Oversight and Government Reform is repeated here.) All Economic Regulations are Transparent Act of 2015 or the ALERT Act of 2015 (Sec. 2) Requires the head of each federal agency to submit a monthly report to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB) for each rule such agency expects to propose or finalize during the following year. Sets forth the required content of such reports, including: (1) a summary of the nature of the rule, (2) the objectives of and legal basis for issuance of the rule, (3) the stage of the rulemaking as of the date of submission, and (4) whether the rule is subject to periodic review as a rule with a significant economic impact. Requires each agency head to submit a monthly report for any rule expected to be finalized during the following year for which the agency has issued a general notice of proposed rulemaking. Requires such reports to include an approximate schedule for completing action on the rule and an estimate of its cost and economic effects. Requires the Administrator to make such monthly reports publicly available on the Internet. Requires the Administrator to publish, not later than October 1 of each year, in the Federal Register: (1) information that the Administrator receives from each agency under this Act; (2) the number of rules and a list of each such rule that was proposed by each agency and each rule that was finalized by each agency; (3) the number of agency actions that repealed a rule, reduced the scope or cost of a rule, or accelerated the expiration date of a rule; (4) the total cost of all rules proposed or finalized; and (5) the number of rules for which an estimate of the cost of the rule was not available. Requires the Administrator to make publicly available on the Internet, not later than October 1 of each year: (1) the analysis of the costs or benefits of each proposed or final rule issued by an agency for the preceding year, (2) the docket number and regulation identifier number for each such rule, (3) the number of rules reviewed by OMB for the preceding year, (4) the number of rules for which a review by the head of an agency was completed, (5) the number of rules submitted to the Comptroller General, and (6) the number of rules for which a resolution of disapproval was introduced in Congress. Prohibits a rule from taking effect until the information required by this Act is posted on the Internet for not less than six months, unless the agency proposing the rule seeks an exemption under the Freedom of Information Act or the President determines by executive order that such rule is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement. Makes such requirement effective eight months after enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``State Court Interpreter Grant Program Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the fair administration of justice depends on the ability of all participants in a courtroom proceeding to understand that proceeding, regardless of their English proficiency; (2) 18 percent of the population of the United States over 5 years of age speaks a language other than English at home; (3) only qualified court interpreters can ensure that persons with limited English proficiency comprehend judicial proceedings in which they are a party; (4) the knowledge and skills required of a qualified court interpreter differ substantially from those required in other interpretation settings, such as social service, medical, diplomatic, and conference interpreting; (5) the Federal Government has demonstrated its commitment to equal administration of justice regardless of English proficiency; (6) Executive Order 13166, issued August 11, 2000, requires Federal Agencies, including courts, to improve access for persons who have limited English proficiency; (7) 29 States have developed, or are developing, court interpreting programs; (8) robust, effective court interpreter programs-- (A) actively recruit skilled individuals to be court interpreters; (B) train those individuals in the interpretation of court proceedings; (C) develop and use a thorough, systematic certification process for court interpreters; (D) have sufficient funding to ensure that a qualified interpreter will be available to the court whenever necessary; and (9) Federal funding is necessary to-- (A) encourage States that do not have court interpreter programs to develop them; (B) assist States with nascent court interpreter programs to implement them; (C) assist States with limited court interpreter programs to enhance them; and (D) assist States with robust court interpreter programs to make further improvements and share successful programs with other States. SEC. 3. STATE COURT INTERPRETER PROGRAM. (a) Grants Authorized.-- (1) In general.--The Administrator of the Office of Justice Programs of the Department of Justice (referred to in this section as the ``Administrator'') shall make grants, in accordance with such regulations as the Attorney General may prescribe, to States to develop and implement programs to assist individuals with limited English proficiency to access and understand State court proceedings in which they are a party. (2) Technical assistance.--The Administrator shall allocate, for each fiscal year, $500,000 of the amount appropriated pursuant to section 4 to be used to establish a court interpreter technical assistance program to assist States receiving grants under this Act. (b) Use of Grants.--Grants awarded pursuant to subsection (a) may be used by States to-- (1) assess regional language demands; (2) develop a court interpreter program for the State; (3) develop, institute, and administer language certification examinations; (4) recruit, train, and certify qualified court interpreters; (5) pay for salaries, transportation, and technology necessary to implement the court interpreter program developed pursuant to paragraph (2); and (6) engage in other related activities, as prescribed by the Attorney General. (c) Application.--Each State desiring a grant under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. (d) State Allotments.-- (1) Base allotment.--From amounts appropriated for each fiscal year pursuant to section 4, the Administrator shall allocate $100,000 to each State, which has an application approved under subsection (c). (2) Discretionary allotment.--From amounts appropriated for each fiscal year pursuant to section 4, the Administrator shall allocate a total of $5,000,000 to the States that have extraordinary needs that must be addressed in order to develop, implement, or expand a State court interpreter program. (3) Additional allotment.--In addition to the allocations made under paragraphs (1) and (2), the Administrator shall allocate to each State, which has an application approved under subsection (c), an amount equal to the product reached by multiplying-- (A) the unallocated balance of the amount appropriated for each fiscal year pursuant to section 4; and (B) the ratio between the number of people over 5 years of age who speak a language other than English at home in the State and the number of people over 5 years of age who speak a language other than English at home in all the States that receive an allocation under paragraph (1), as those numbers are determined by the Bureau of the Census. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $15,000,000 for each of the fiscal years 2005 through 2008 to carry out this Act.", "summary": "State Court Interpreter Grant Program Act - Directs the Administrator of the Office of Justice Programs of the Department of Justice to: (1) make grants to States to develop and implement programs to assist individuals with limited English proficiency to access and understand State court proceedings in which they are a party; and (2) allocate specified funds to establish a court interpreter technical assistance program to assist States receiving grants under this Act. Authorizes the use of grant awards by States to: (1) assess regional language demands; (2) develop a court interpreter program; (3) develop, institute, and administer language certification examinations; (4) recruit, train, and certify qualified court interpreters; and (5) pay for salaries, transportation, and technology necessary to implement the programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Prostate Cancer Diagnosis and Treatment Act of 1997''. SEC. 2. MEDICARE COVERAGE OF PROSTATE CANCER SCREENING AND CERTAIN DRUG TREATMENTS. (a) Coverage of Screening Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking ``and'' at the end of subparagraph (O); and (C) by inserting after subparagraph (O) the following new subparagraph: ``(P) services for the early detection of prostate cancer (as defined in subsection (oo)); and''. (2) Services described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Services for the Early Detection of Prostate Cancer ``(oo) The term `services for the early detection of prostate cancer' means the following procedures provided to a man for the purpose of early detection of prostate cancer: ``(1) Digital rectal examination. ``(2) Prostate-specific antigen blood test. ``(3) Transrectal ultrasonography. ``(4) Such other procedures as the Secretary may designate as appropriate for early detection of prostate cancer.''. (3) Payment amounts; limitations on frequency of coverage.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by inserting after subsection (c) the following new subsection: ``(d) Payment Amounts and Frequency Limits for Services for the Early Detection of Prostate Cancer.-- ``(1) In general.--Notwithstanding any other provision of this part, with respect to expenses incurred for services for the early detection of prostate cancer (as defined in section 1861(oo))-- ``(A) payment may be made only for services provided consistent with the frequency permitted under paragraph (2); and ``(B) the amount of the payment under this part shall be equal to 80 percent of the lesser of the actual charge for the service or-- ``(i) in the case of a service for the early detection of prostate cancer consisting of a prostate-specific antigen blood test, the fee schedule amount established for the service under section 1833(h) (relating to payments for clinical diagnostic laboratory tests); or ``(ii) in the case of any other service for the early detection of prostate cancer, the amount provided under the fee schedule established by the Secretary under paragraph (3) (subject to the deductible established under section 1833(b)). ``(2) Frequency covered.-- ``(A) In general.--Subject to subparagraph (B) and to revision by the Secretary under subparagraph (C), no payment may be made under this part for a service for the early detection of prostate cancer provided to an individual-- ``(i) if the individual is under 50 years of age; or ``(ii) if the service is provided within the 11 months after a previous service for the early detection of prostate cancer. ``(B) Exception for high risk individuals.--Payment may be made under this part for a service for the early detection of prostate cancer provided to an individual more frequently than the limit established under subparagraph (A)(ii) if the individual is at a high risk of developing prostate cancer (as determined pursuant to factors identified by the Secretary). ``(C) Revision by secretary.-- ``(i) Review.--The Secretary, in consultation with the Director of the National Cancer Institute, shall review periodically the appropriate frequency for performing services for the early detection of prostate cancer based on age and such other factors as the Secretary believes to be pertinent. ``(ii) Revision of frequency.--The Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which such services may be paid for under this subsection, but no such revision shall apply to services performed before January 1, 2000. ``(3) Establishment of fee schedule.-- ``(A) In general.--The Secretary shall establish fee schedules (on such geographic basis as the Secretary considers appropriate) for payment for services for the early detection of prostate cancer under this part (other than prostate-specific antigen blood tests), effective for services furnished after the expiration of the 90-day period beginning on the date the Secretary establishes the fee schedules. ``(B) Factors considered.--In establishing fee schedules under subparagraph (A), the Secretary shall take into consideration variations in the cost of furnishing such services among geographic areas and among different sites where services are furnished, together with such other factors as may be appropriate to assure that payment amounts are equitable. ``(4) Limiting charges of nonparticipating physicians.--In the case of a service for the early detection of prostate cancer for which payment may be made under this part, if a nonparticipating physician or nonparticipating supplier or other person (as defined in section 1842(i)(2)) who does not accept payment on an assignment-related basis provides the service to an individual enrolled under this part, section 1848(g)(1) shall apply to the service in the same manner as such section applies to a physician's service.''. (4) Conforming amendments.--(A) Paragraphs (1)(D) and (2)(D) of section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or section 1834(d)(1)(B)(i),''. (B) Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (P)'' and inserting ``(P)''; and (ii) by striking the semicolon at the end and inserting the following: ``, and (Q) with respect to services for the early detection of prostate cancer (as defined in section 1861(oo)) (other than prostate- specific antigen tests), the amounts paid shall be the amounts described in section 1834(d)(1);''. (C) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended-- (i) by striking ``and'' at the end of paragraph (6); (ii) by striking the period at the end of paragraph (7) and inserting ``; and''; and (iii) by adding at the end the following new paragraph: ``(8) in the case of services for the early detection of prostate cancer (as defined in section 1861(oo)) (other than prostate-specific antigen tests), the amounts described in section 1834(d)(1).''. (D) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is amended by striking ``The Secretary'' and inserting ``Subject to section 1834(d), the Secretary''. (E) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-- (i) in paragraph (1)-- (I) in subparagraph (E), by striking ``and'' at the end, (II) in subparagraph (F), by striking the semicolon at the end and inserting ``, and'', and (III) by adding at the end the following new subparagraph: ``(G) in the case of services for the early detection of prostate cancer (as defined in section 1861(oo)), which are performed more frequently than is covered under section 1834(d)(2);''; and (ii) in paragraph (7), by striking ``paragraph (1)(B) or under paragraph (1)(F)'' and inserting ``subparagraphs (B), (F), or (G) of paragraph (1)''. (b) Coverage of Certain Drug Treatments.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by subsection (a)(1), is further amended-- (1) by striking ``and'' at the end of subparagraph (P); (2) by adding ``and'' at the end of subparagraph (Q); and (3) by adding at the end the following new subparagraph: ``(R) an oral drug prescribed for the treatment of prostate cancer, if the use of the drug for such purpose is a medically accepted indication under subsection (t)(2);''. (c) Effective Date.--The amendments made by this section shall apply to services provided on or after January 1, 1998, without regard to whether or not the Secretary has established fee schedules under section 1834(d)(3) of the Social Security Act (as added by subsection (a)(3)) or promulgated other regulations to carry out such amendments by that date. SEC. 3. EARLY DETECTION AND TREATMENT OF PROSTATE CANCER IN VETERANS. (a) Preventive Health Services.--Section 1701(9) of title 38, United States Code is amended-- (1) by redesignating subparagraphs (J) and (K) as subparagraphs (K) and (L), respectively; and (2) by inserting after subparagraph (I) the following new subparagraph (J): ``(J) tests for the early detection and diagnosis of prostate cancer;''. (b) Coverage of Services for Early Detection and Treatment of Prostate Cancer.-- (1) In general.--Chapter 17 of such title is amended by inserting after section 1724 the following new section: ``Sec. 1725. Prostate cancer detection and treatment ``(a) The Secretary shall include in the medical services furnished to veterans under this chapter-- ``(1) services for the early detection and treatment of prostate cancer; ``(2) information on the early detection and treatment of prostate cancer; and ``(3) counseling regarding prostate cancer. ``(b) Based on the best available medical evidence, the Secretary shall implement a schedule for early detection of prostate cancer for veterans confined to hospitals or other institutions. ``(c) For the purposes of this section-- ``(1) services for the early detection of prostate cancer are procedures provided to a male for the purpose of the early detection of prostate cancer, including digital rectal examinations, prostate-specific antigen blood tests, and transrectal ultrasonography; and ``(2) services for treatment of prostate cancer may include the furnishing of drugs approved by the Food and Drug Administration for the treatment of prostate cancer. ``(d) The Secretary may carry out research and research training in the diagnosis and treatment of prostate cancer based upon the prostate cancer services provided under this section and may develop guidelines outlining effective treatment regimens for prostate cancer.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1724 the following new item: ``1725. Prostate cancer detection and treatment.''.", "summary": "Prostate Cancer Diagnosis and Treatment Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Device User Fee Stabilization Act of 2005''. SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) Device User Fees.--Section 738 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j) is amended-- (1) in subsection (b)-- (A) after ``2004;'', by inserting ``and''; and (B) by striking ``2005;'' and all that follows through ``2007'' and inserting ``2005''; (2) in subsection (c)-- (A) by striking the heading and inserting ``Annual Fee Setting.--''; (B) by striking paragraphs (1), (2), (3), and (4); (C) by redesignating paragraphs (5) and (6) as paragraphs (1) and (2), respectively; (D) in paragraph (1), as so redesignated, by-- (i) striking the heading and inserting ``In general.-- ''; (ii) striking ``establish, for the next fiscal year, and'' and all that follows through ``the fees'' and inserting ``publish in the Federal Register fees under subsection (a). The fees''; (iii) striking ``2003'' and inserting ``2006''; and (iv) striking ``$154,000.'' and inserting ``$259,600, and the fees established for fiscal year 2007 shall be based on a premarket application fee of $281,600.''; and (E) by adding at the end the following: ``(3) Supplement.-- ``(A) In general.--For fiscal years 2006 and 2007, the Secretary may use unobligated carryover balances from fees collected in previous fiscal years to ensure that sufficient fee revenues are available in that fiscal year, so long as the Secretary maintains unobligated carryover balances of not less than 1 month of operating reserves for the first month of fiscal year 2008. ``(B) Notice to congress.--Not later than 14 days before the Secretary anticipates the use of funds described in subparagraph (A), the Secretary shall provide notice to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives.''; (3) in subsection (d)-- (A) in paragraph (1), by inserting after the first sentence the following: ``For the purposes of this paragraph, the term `small business' means an entity that reported $30,000,000 or less of gross receipts or sales in its most recent Federal income tax return for a taxable year, including such returns of all of its affiliates, partners, and parent firms.''; and (B) in paragraph (2)(A), by-- (i) striking ``(i) In general.--''; (ii) striking ``subsection,'' and inserting ``paragraph,''; (iii) striking ``$30,000,000'' and inserting ``$100,000,000''; and (iv) striking clause (ii); (4) in subsection (e)(2)(A), by striking ``$30,000,000'' and inserting ``$100,000,000''; (5) in subsection (g)(1)-- (A) in subparagraph (B)-- (i) by striking clause (i) and inserting the following: ``(i) For fiscal year 2005, the Secretary is expected to meet all of the performance goals identified for the fiscal year if the amount so appropriated for such fiscal year, excluding the amount of fees appropriated for such fiscal year, is equal to or greater than $205,720,000 multiplied by the adjustment factor applicable to the fiscal year.''; and (ii) in clause (ii), by striking the matter preceding subclause (I) and inserting the following: ``(ii) For fiscal year 2005, if the amount so appropriated for such fiscal year, excluding the amount of fees appropriated for such fiscal year, is more than 1 percent less than the amount that applies under clause (i), the following applies:''; (B) in subparagraph (C)-- (i) in the matter preceding clause (i), by-- (I) striking ``2003 through'' and inserting ``2005 and''; and (II) inserting ``more than 1 percent'' after ``years, is''; and (ii) in clause (ii), by striking ``sum'' and inserting ``amount''; and (C) in subparagraph (D)(i), by inserting ``more than 1 percent'' after ``year, is''; (6) in subsection (h)(3)-- (A) in subparagraph (C), by striking the semicolon and inserting ``; and''; and (B) by striking subparagraphs (D) and (E) and inserting the following: ``(D) such sums as may be necessary for each of fiscal years 2006 and 2007.''; and (7) by striking ``subsection (c)(5)'' each place it appears and inserting ``subsection (c)(1)''. (b) Annual Reports.--Section 103 of the Medical Device User Fee and Modernization Act of 2002 (Public Law 107-250 (116 Stat. 1600)) is amended-- (1) by striking ``Beginning with'' and inserting ``(a) In General.--Beginning with''; and (2) by adding at the end the following: ``(b) Additional Information.--For fiscal years 2006 and 2007, the report described under subsection (a)(2) shall include-- ``(1) information on the number of different types of applications and notifications, and the total amount of fees paid for each such type of application or notification, from businesses with gross receipts or sales from $0 to $100,000,000, with such businesses categorized in $10,000,000 intervals; and ``(2) a certification by the Secretary that the amounts appropriated for salaries and expenses of the Food and Drug Administration for such fiscal year and obligated by the Secretary for the performance of any function relating to devices that is not for the process for the review of device applications, as defined in paragraph (5) of section 737 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379i), are not less than such amounts for fiscal year 2002 multiplied by the adjustment factor, as defined in paragraph (7) of such section 737.''. (c) Misbranded Devices.-- (1) In general.--Section 502(u) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(u)) is amended to read as follows: ``(u)(1) Subject to paragraph (2), if it is a reprocessed single- use device, unless it, or an attachment thereto, prominently and conspicuously bears the name of the manufacturer of the reprocessed device, a generally recognized abbreviation of such name, or a unique and generally recognized symbol identifying such manufacturer. ``(2) If the original device or an attachment thereto does not prominently and conspicuously bear the name of the manufacturer of the original device, a generally recognized abbreviation of such name, or a unique and generally recognized symbol identifying such manufacturer, a reprocessed device may satisfy the requirements of paragraph (1) through the use of a detachable label on the packaging that identifies the manufacturer and is intended to be affixed to the medical record of a patient.''. (2) Guidance.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance to identify circumstances in which the name of the manufacturer of the original device, a generally recognized abbreviation of such name, or a unique and generally recognized symbol identifying such manufacturer, is not ``prominent and conspicuous'', as used in section 502(u) of Federal Food, Drug, and Cosmetic Act (as amended by paragraph (1)). (d) Effective Date.--Section 301(b) of the Medical Device User Fee and Modernization Act of 2002 (Public Law 107-250 (116 Stat. 1616)), as amended by section 2(c) of Public Law 108-214 (118 Stat. 575), is amended to read as follows: ``(b) Effective Date.--Section 502(u) of the Federal Food, Drug, and Cosmetic Act (as amended by section 2(c) of the Medical Device User Fee Stabilization Act of 2005)-- ``(1) shall be effective-- ``(A) with respect to devices described under paragraph (1) of such section, 12 months after the date of enactment of the Medical Device User Fee Stabilization Act of 2005, or the date on which the original device first bears the name of the manufacturer of the original device, a generally recognized abbreviation of such name, or a unique and generally recognized symbol identifying such manufacturer, whichever is later; and ``(B) with respect to devices described under paragraph (2) of such section 502(u), 12 months after such date of enactment; and ``(2) shall apply only to devices reprocessed and introduced or delivered for introduction in interstate commerce after such applicable effective date.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Medical Device User Fee Stabilization Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to adjust medical device user fees (e.g., premarket application, premarket report, supplement, and submission fees). Repeals the fee revenue target amounts for FY2006 and FY2007. Eliminates the inflation, workload, compensating, and final year adjustments of revenues used for setting fees. Sets the premarket application fee for devices for FY2006 and FY2007. Allows the Secretary of Health and Human Services to use unobligated carryover balances from fees collected in previous fiscal years with notice to the appropriate congressional committees. Increases the annual gross receipts or sales threshold below which businesses are eligible for reduced fees or a waiver of fees by the Secretary. Removes the prohibition against the Secretary assessing fees unless certain cumulative fee revenues were met for FY2003 through 2006. Requires the Secretary to include in annual reports to Congress: (1) information on the number and total amount of fees paid for each different type of application or notification from small businesses; and (2) a certification that the amounts obligated for the performance of functions other than the review of device applications is not less than such amount for FY2002 multiplied by the adjustment factor. Deems as branded any reprocessed single use device unless it identifies the manufacturer, but allows such information to be provided by a detachable label intended to be affixed to the medical record of a patient."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Royalty Reform and Enhancement Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Gulf producing state.--The term ``Gulf producing State'' means each of the States of Alabama, Louisiana, Mississippi, and Texas. (2) Qualified outer continental shelf revenues.-- (A) In general.--The term ``qualified outer Continental Shelf revenues'' means all rentals, royalties, bonus bids, and other sums due and payable to the United States under section 5. (B) Exclusions.--The term ``qualified outer Continental Shelf revenues'' does not include-- (i) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or (ii) revenues generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PRICE THRESHOLD REQUIREMENT FOR FUTURE LEASES. Notwithstanding any other provision of law, the Secretary shall place limitations based on market price on the royalty relief granted under any lease for the production of oil or natural gas entered into on or after the date of enactment of this Act. SEC. 4. CLARIFICATION OF AUTHORITY TO IMPOSE PRICE THRESHOLDS FOR CERTAIN LEASE SALES. Congress reaffirms the authority of the Secretary under section 8(a)(1)(H) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)(H)) to vary, based on the price of production from a lease, the suspension of royalties under any lease subject to section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58). SEC. 5. RECOVERY OF REVENUE FROM LEASES WITHOUT PRICE THRESHOLDS. (a) Offer To Amend Payment Responsibilities.-- (1) In general.--The Secretary shall offer to enter into written agreements to amend the payment responsibilities under each lease entered into by the Secretary that-- (A) authorizes the production of oil or natural gas on the Outer Continental Shelf; (B) provides for relief from the payment of royalties; and (C) does not provide for the suspension of the relief based on an increase in the price of oil or natural gas, respectively, above specified thresholds. (2) Offers.--Not later than 30 days after the date of enactment of this Act, the Secretary shall provide each lessee that has entered into a lease described in paragraph (1) with a separate written offer to amend the payment responsibilities of the lessee under the lease. (3) Multiple lessees.--In carrying out this subsection, if multiple persons own a share of the lease, the Secretary may enter into a separate agreement with each person that reflects the respective interest of the person in the lease. (4) Price thresholds.--The offer shall propose imposing price thresholds beginning in the calendar year in which the offer is accepted at a level that is consistent with the price thresholds contained in outer Continental Shelf leases that contained price thresholds that were entered into for calendar years 1996, 1997, and 2000. (b) Increased Royalty Rates.--In addition to the authority provided under subsection (a), the Secretary may increase the royalty rate on all leases entered into by the Secretary on or after the date of enactment of this Act for the production of oil or natural gas on the outer Continental Shelf to a rate that is necessary to recover the revenues lost from leases described in subsection (a)(1) in an amount that (in conjunction with written agreements entered into under subsection (a)) is sufficient to recover $12,000,000,000 during the period of fiscal years 2007 through 2018. SEC. 6. DISPOSITION OF RECOVERED QUALIFIED OUTER CONTINENTAL SHELF REVENUES. (a) In General.--Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of this section, for each applicable fiscal year, the Secretary of the Treasury shall deposit-- (1) 50 percent of qualified outer Continental Shelf revenues in a special account in the Treasury, to be disbursed to Gulf producing States by the Secretary in a manner consistent with section 31(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a(b)), as determined by the Secretary; (2) 12\\1/2\\ percent to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 460l-5); and (3) 37\\1/2\\ percent of qualified outer Continental Shelf revenues in the general fund of the Treasury, to be used for deficit reduction. (b) Timing.--The amounts required to be deposited under paragraphs (1) and (2) of subsection (a) for the applicable fiscal year shall be made available in accordance with that paragraph during the fiscal year immediately following the applicable fiscal year. (c) Administration.--Amounts made available under paragraphs (1) and (2) of subsection (a) shall-- (1) be made available, without further appropriation, in accordance with this section; (2) remain available until expended; and (3) be in addition to any amounts appropriated under-- (A) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); (B) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); or (C) any other provision of law. SEC. 7. FEDERAL GUARANTEE OF STATE BOND. The Secretary shall guarantee the repayment of a bond issued by the State of Louisiana for constructing and carrying out coastal wetland restoration projects and related storm protection infrastructure (to be repaid using qualified outer Continental Shelf revenues received by the State for fiscal years 2017 through 2027) in an amount equal to 100 percent of the outstanding principal of the bond, on a determination by the Secretary that-- (1) the amount of the bond does not exceed 80 percent of the estimated amount of qualified outer Continental Shelf revenues the State will receive for fiscal years 2017 through 2027; (2) the funds will be used in accordance with a plan submitted by the State; and (3) the bond is in a registered form and contains appropriate legal guarantees for repayment using qualified Outer Continental shelf revenues for fiscal years 2017 through 2027.", "summary": "Outer Continental Shelf Royalty Reform and Enhancement Act of 2006 - Directs the Secretary of the Interior (Secretary) to place limitations based on market price on the royalty relief granted under any lease for the production of oil or natural gas entered into on or after enactment of this Act. Declares that Congress reaffirms the authority of the Secretary to vary, based on the price of production from a lease, the suspension of royalties under any lease subject to specified requirements of the Outer Continental Shelf Deep Water Royalty Relief Act. Instructs the Secretary to offer to enter into written agreements to amend the payment responsibilities under each lease that: (1) authorizes the production of oil or natural gas on the Outer Continental Shelf; (2) provides for relief from the payment of royalties; and (3) does not provide for suspension of royalty relief based on an increase in the price of oil or natural gas, respectively, above specified thresholds. Authorizes the Secretary to increase royalty rates on leases for oil or natural gas production on the Outer Continental Shelf. Requires the Secretary of the Treasury to deposit certain percentages of Outer Continental Shelf revenues for: (1) disbursement to Gulf producing states; (2) financial assistance to states for land and water conservation as well as outdoor recreation purposes; and (3) deficit reduction. Requires the Secretary of the Interior to guarantee the repayment of 100% of the outstanding principal of a bond issued by the state of Louisiana for coastal wetland restoration projects and related storm protection infrastructure."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Quality Conservation Act of 2017''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To identify and promote the use of innovative and effective conservation practices. (2) To apply targeted soil and water conservation practices at the watershed, sub-watershed, and field scales. (3) To increase the use of conservation practices by producers. (4) To collect data on how the implementation of precision conservation practices affects soil health, reduces erosion and nutrient runoff of soil, and enhances water quality. SEC. 3. PRECISION CONSERVATION PILOT PROGRAM. (a) Pilot Program Authorized.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the following new subsection: ``(j) Precision Conservation Pilot Program.-- ``(1) Pilot program authorized.--The Secretary is authorized to carry out a precision conservation pilot program to provide grants to not more than 10 States to assist producers with projects that-- ``(A) increase nutrient retention in soil; ``(B) reduce soil erosion; ``(C) reduce nutrient loss from soil; ``(D) improve soil health; and ``(E) improve water quality. ``(2) Applications.--To be eligible to receive a grant under paragraph (1), a State shall submit an application at such time, in such manner, and containing such information as the Secretary may require, including a description of how the State will-- ``(A) collaborate with a partnership of entities, which may include State agencies, local governments, institutions of higher education, soil and water conservation districts, producers, Indian tribes, agricultural associations, nonprofit entities, and other relevant entities to carry out precision conservation pilot programs; and ``(B) give priority to assisting producers with projects within critical areas, including-- ``(i) critical conservation areas designated under section 1271F; and ``(ii) critical watersheds, as defined by such State. ``(3) Matching funds.--A State awarded a grant under this subsection shall provide non-Federal funds, including cash and in-kind contributions, in an amount that is at least equal to the amount of such grant. ``(4) Use of funds.--A State awarded a grant under this section may use grant funds only-- ``(A) to educate and recruit agricultural producers to participate in the pilot program; ``(B) to provide technical and financial assistance to producers that elect to participate in a precision conservation pilot program for which the State received a grant under this section to create and implement precision conservation plans; ``(C) to monitor and analyze the effectiveness of such precision conservation plans; and ``(D) to encourage the use of precision agriculture technology to achieve conservation benefits. ``(5) Confidentiality.-- ``(A) In general.--In the case of information furnished by a producer or State in order to facilitate the creation and implementation of a precision conservation plan pursuant to paragraph (4)(B) or comply with the reporting requirements under paragraph (6)(B), the Secretary, any other officer or employee of the Department of Agriculture or agency thereof, or any other person may not-- ``(i) use such information for a purpose other than the development or reporting of aggregate data under paragraphs (6) and (7) in a manner such that the identity of the producer who supplied such information is not discernible and is not material to the intended uses of such information; or ``(ii) disclose the information to any person or any Federal, State, local, or tribal agency outside the Department of Agriculture, unless the information has been converted into a statistical or aggregate form that does not allow the identification of the producer that supplied particular information. ``(B) Rule of construction.--Nothing in this paragraph shall be construed to limit a producer from sharing the information furnished by such producer pursuant to subparagraph (A). ``(6) State reporting.-- ``(A) Reports to producers.--Not later than 1 year after the date on which a State assists a producer with the creation of a precision conservation plan pursuant to paragraph (4)(B), and each year for the succeeding 4 years thereafter, the State shall submit to such producer a report that includes an analysis of the effectiveness of the precision conservation plan for such producer. ``(B) Reports to secretary.-- ``(i) Annual.--Not later than one year after the date on which a State receives grant funds under this section, and each year for the succeeding 3 years thereafter, the State shall submit to the Secretary a report that includes the data used to create, implement, and analyze precision conservation plans pursuant to this subsection. ``(ii) 5-year report.--Not later than 5 years after the date on which a State receives grant funds under this section, the State shall submit to the Secretary a report that includes an analysis of the effectiveness the use of grant funds under this subsection has had in fostering-- ``(I) improved soil health; ``(II) reduced soil erosion and soil runoff; ``(III) improved water quality; ``(IV) improved understanding of the relationship between precision agriculture technology and conservation improvement; and ``(V) the effectiveness of different methods used. ``(7) Soil nutrient retention database.-- ``(A) In general.--The Secretary shall use the data reported under paragraph (6) to establish and maintain a publically available soil nutrient retention database that provides-- ``(i) a compilation and analysis of effective conservation practices for nutrient management in varying soil compositions, cropping systems, slopes, and landscapes; and ``(ii) recommended new and effective conservation practices for nutrient management. ``(B) Funding for database.--The Secretary may reserve up to $75,000 of the funds made available under subsection (f)(3) to carry out this paragraph.''. (b) Allocation of Funding.--Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended by adding at the end the following new paragraph: ``(3) Precision conservation pilot program.--For each of fiscal years 2018 through 2022, at least 5 percent of the funds made available for payments under the program shall be targeted for the precision conservation pilot program under subsection (j).''.", "summary": "Water Quality Conservation Act of 2017 This bill amends the Food Security Act of 1985 to authorize the Department of Agriculture (USDA) to carry out a precision conservation pilot program to provide grants to up to 10 states to assist producers with projects that: increase nutrient retention in soil, reduce soil erosion, reduce nutrient loss from soil, improve soil health, and improve water quality. States that receive grants under the program must use the funds only to: educate and recruit agricultural producers to participate in the program, provide technical and financial assistance to producers that elect to participate in the program, monitor and analyze the effectiveness of precision conservation plans, and encourage the use of precision agriculture technology to achieve conservation benefits. States that receive grants must submit to USDA and producers reports regarding the effectiveness of the conservation plans and grants. USDA must use the data to establish and maintain a publicly available soil nutrient retention database."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Caregiver Credit Act of 2018''. SEC. 2. FINDINGS. Congress finds that: (1) Caregiving is an essential element of family life and a vital service for children, the ill, the disabled, and the elderly. (2) The establishment of a caregiver credit would bolster the economic prospects of unpaid caregivers and would provide them with vital retirement security. (3) The 2018 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds concluded that the combined Trust Funds will be able to pay scheduled benefits in full until 2034. (4) While there is no immediate crisis, policy options should be considered to extend OASDI solvency, including by eradicating the gender wage gap, increasing overall employment, or increasing the minimum wage. SEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES. (a) In General.--Title II of the Social Security Act is amended by adding after section 234 (42 U.S.C. 434) the following new section: ``deemed wages for caregivers of dependent relatives ``Sec. 235. (a) Definitions.--For purposes of this section-- ``(1) The term `qualifying month' means, in connection with an individual, a month during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. Such term does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). ``(2) The term `dependent relative' means, in connection with an individual-- ``(A) a child, grandchild, niece, or nephew (of such individual or such individual's spouse or domestic partner), or a child to which the individual or the individual's spouse or domestic partner is standing in loco parentis, who is under the age of 12, or ``(B) a child, grandchild, niece, or nephew (of such individual or such individual's spouse or domestic partner), a child to which the individual or the individual's spouse or domestic partner is standing in loco parentis, a parent, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual's spouse or domestic partner, if such child, grandchild, niece, nephew, parent, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. ``(3)(A) The term `chronically dependent individual' means an individual who-- ``(i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)), and ``(ii) without the assistance described in clause (i), could not perform such activities of daily living. ``(B) The `activities of daily living' referred to in subparagraph (A) are the following: ``(i) Eating. ``(ii) Bathing. ``(iii) Dressing. ``(iv) Toileting. ``(v) Transferring in and out of a bed or in and out of a chair. ``(b) Deemed Wages of Caregiver.--(1)(A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2018, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to-- ``(i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and ``(ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over \\1/2\\ of the wages or self-employment income actually paid to or derived by such individual during such month. ``(B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. ``(2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. ``(c) Identification Requirements.--A qualifying month shall not be taken into account under this section with respect to an individual unless such individual provides the Commissioner of Social Security with the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month, and other information as the Commissioner may require to verify the status of the dependent relative, on whatever application may be required to obtain benefits under this section.''. (b) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) is amended-- (1) by striking ``and'' before ``230(b)(2)''; and (2) by inserting ``and 235(b)(1)(A)(i),'' after ``1977),''.", "summary": "Social Security Caregiver Credit Act of 2018 This bill credits an individual with deemed wages, for purposes of calculating Old Age, Survivors, and Disability Insurance benefits, for up to five years of service as a caregiver of a dependent relative. Specifically, an individual shall be deemed to have been paid a wage (according to a specified formula) during each month in which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation. However, this requirement shall not apply if a larger benefit or payment would otherwise be payable."}
{"article": "<greek-th> x SECTION 1. SHORT TITLE.<greek-th> x This Act may be cited as the ``Sexual Assault Prosecution Act of 2002''.<greek-th> x SEC. 2. SEXUAL OFFENSE LIMITATION.<greek-th> x (a) In General.--Chapter 213 of title 18, United States Code, is amended--<greek-th> x (1) in section 3283, by striking ``sexual or''; and<greek-th> x (2) by adding at the end the following:<greek-th> x ``Sec. 1A3296. Sexual offenses<greek-th> x ``An indictment for any offense committed in violation of chapter 109A of this title may be found at any time without limitation.''.<greek-th> x (b) Technical and Conforming Amendments.--The table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following:<greek-th> x <greek-th><greek-e>``3296. Sexual offenses.''.<greek-th><greek-e><greek-th> x SEC. 3. AWARDS TO STATES TO REDUCE DNA CASEWORK BACKLOG.<greek-th> x (a) Development of Plan.--<greek-th> x (1) In general.--Not later than 45 days after the date of enactment of this Act, the Director of the Federal Bureau of Investigation, in coordination with the Assistant Attorney General of the Office of Justice Programs of the Department of Justice, and after consultation with representatives of States and private forensic laboratories, shall develop a plan to grant voluntary awards to States to facilitate DNA analysis of all casework evidence of unsolved crimes.<greek-th> x (2) Objective.--The objective of the plan developed under paragraph (1) shall be to--<greek-th> x (A) effectively expedite the analysis of all casework evidence of unsolved crimes in an efficient and effective manner; and<greek-th> x (B) provide for the entry of DNA profiles into the combined DNA Indexing System (``CODIS'').<greek-th> x (b) Award Criteria.--The Federal Bureau of Investigation, in coordination with the Assistant Attorney General of the Office of Justice Programs of the Department of Justice, shall develop criteria for the granting of awards under this section including--<greek-th> x (1) the number of unsolved crimes awaiting DNA analysis in the State that is applying for an award under this section; and<greek-th> x (2) the development of a comprehensive plan to collect and analyze DNA evidence by the State that is applying for an award under this section.<greek-th> x (c) Granting of Awards.--The Federal Bureau of Investigation, in coordination with the Assistant Attorney General of the Office of Justice Programs of the Department of Justice, shall--<greek-th> x (1) develop applications for awards to be granted to States under this section;<greek-th> x (2) consider all applications submitted by States; and<greek-th> x (3) disburse all awards under this section.<greek-th> x (d) Award Conditions.--States receiving awards under this section shall--<greek-th> x (1) require that each laboratory performing DNA analysis satisfies quality assurance standards and utilizes state-of- the-art DNA testing methods, as set forth by the Federal Bureau of Investigation in coordination with the Assistant Attorney General of the Office of Justice Programs of the Department of Justice;<greek-th> x (2) ensure that each DNA sample collected and analyzed be made available only--<greek-th> x (A) to criminal justice agencies for law enforcement purposes;<greek-th> x (B) in judicial proceedings if otherwise admissible;<greek-th> x (C) for criminal defense purposes, to a criminal defendant who shall have access to samples and analyses performed in connection with any case in which such defendant is charged; or <greek-th> x (D) if personally identifiable information is removed, for--<greek-th> x (i) a population statistics database;<greek-th> x (ii) identification research and protocol development purposes; or <greek-th> x (iii) quality control purposes; and<greek-th> x (3) match the award by spending 15 percent of the amount of the award in State funds to facilitate DNA analysis of all casework evidence of unsolved crimes.<greek-th> x (e) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice $15,000,000 for each of fiscal years 2003 through 2006, for awards to be granted under this section.<greek-th> x 08", "summary": "Sexual Assault Prosecution Act of 2002 - Amends the Federal criminal code to remove any statute of limitations on indictments for sexual offenses.Requires the Director of the Federal Bureau of Investigation (FBI) to develop a plan to grant voluntary awards to States to facilitate deoxyribonucleic acid (DNA) analysis of all casework evidence of unsolved crimes, with the objective of effectively expediting the analysis of all such evidence in an efficient and effective manner and to provide for the entry of DNA profiles into the Combined DNA Indexing System. Directs the FBI to develop grant criteria, including: (1) the number of unsolved crimes awaiting DNA analysis; and (2) the development of a comprehensive plan to collect and analyze DNA evidence. Sets forth award conditions regarding quality assurance standards, DNA sample and analysis availability, and a 15 percent matching requirement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Autism Assistance Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) In February 2007, the Centers for Disease Control and Prevention released data indicating that-- (A) the occurrence of autism spectrum disorders (ASD) increased between 1996 and 2006 from an estimated 1 in 500 to an estimated 1 in 150; and (B) the behaviors of children who were classified as suffering from ASD were consistent with the DSM-IV- TR criteria for Autistic Disorder, Asperger's Disorder, and Pervasive Developmental Disorder--Not Otherwise Specified. (2) Autism is a complex neurological disorder that affects individuals in the areas of social interaction and communication. Because autism is a spectrum disorder, it affects each individual differently and to varying degrees of severity. (3) People afflicted with autism process and respond to information in unique ways. In some cases, coexisting medical issues may be present and aggressive or self-injurious behavior may occur. (4) The increased number of children diagnosed with autism is a growing and urgent concern for families, healthcare professionals, and educators. Health and education systems struggle to respond to the needs of the autistic population in a comprehensive manner. (5) The prevalence of autism in developing countries is growing rapidly. Health and education systems in these countries are particularly ill-equipped to deal with the issues surrounding this growth. According to expert estimates, there are approximately 2,500,000 people with an autism spectrum disorder in China and approximately 2,000,000 with such disorder in India. Although reliable statistics are difficult to come by, a large number of these people are believed to be children. (6) Children with autism who receive intensive and appropriate educational services before 5 years of age often make significant functional improvements. In the United States, significant efforts are being pursued to expand early diagnosis and the provision of these services. (7) In a November 2007 report on the identification, evaluation, and management of children with autism, the American Academy of Pediatrics recommended that all children should be screened twice for autism before 2 years of age, even if the children have no recognizable symptoms. (8) Early screening and services for autism are sorely lacking in most of the developing world. United States expertise could be used to significantly aid children and families in developing countries for relatively small costs. SEC. 3. AUTISM DEFINED. In this Act, the term ``autism'' means all conditions consistent with the autism spectrum disorders described in section 2(1). SEC. 4. GLOBAL AUTISM ASSISTANCE PROGRAM. (a) Establishment and Purpose.--The Administrator, United States Agency for International Development (referred to in this section as the ``Administrator'') shall establish and administer a health and education grant program, to be known as the ``Global Autism Assistance Program'', to-- (1) support activities described in subsection (c)(2) by nongovernmental organizations and other service providers, including advocacy groups, focused on treating autism in developing countries; and (2) establish the ``teach the teachers'' program described in subsection (d) to train health and education professionals working with children with autism in developing countries. (b) Designation of Eligible Regions.--Not later than 120 days after the date of the enactment of this Act, the Administrator, in consultation with knowledgeable autism organizations, such as the World Autism Organization, the Autism Society of America, and Autism Speaks, shall designate not fewer than 2 regions in developing countries that the Administrator determines-- (1) require assistance in dealing with autism; and (2) have health and education professionals who are sufficiently familiar with issues related to autism to make effective use of the Global Autism Assistance Program. (c) Selection of Implementing Nongovernmental Organization.-- (1) In general.--Not later than 180 days after the designation of eligible regions under subsection (b), the Administrator shall select and provide funding to a nongovernmental organization with experience in autism-related issues to implement the Global Autism Assistance Program by awarding grants to local service providers and advocacy groups focused on autism. (2) Support and assistance.--The implementing nongovernmental organization selected under paragraph (1) shall provide, contract for, and coordinate technical assistance in support of its mission in meeting the goals and purposes of this Act. (3) Activities.--A local service provider or advocacy group shall use grant funds received under paragraph (1) to carry out any of the following activities: (A) Education and outreach to the public.--Use public service announcements and other public media to help the public become more aware of the signs of autism so that children with autism can be diagnosed and treated earlier. (B) Support to families.--Develop resources for families, such as online Internet resource centers in local languages. Disseminate materials to parents of newly diagnosed children, such as information contained in the Centers for Disease Control and Prevention's publication entitled ``Learn the Signs, Act Early'' and other suitable alternatives. Disseminate educational aids and guides to help parents with their children's development. (C) Support to educational institutions.--Provide funding for schools or other educational institutions, focusing on teachers of the youngest students. Distribute equipment or materials referred to in subparagraph (B). (D) Support to clinics and medical centers.-- Provide funding to clinics and medical centers with proven records in addressing autism to assist with operating expenses, including personnel, equipment supplies, and facilities. Develop assessment testing for autism. Acquire specialized equipment, such as augmentative communication devices. (E) Translation.--Translate relevant English- language publications into the local languages spoken in the eligible regions designated pursuant to subsection (b). (4) Applications for grants.-- (A) Submission of applications.--A local service provider or advocacy group desiring a grant under this subsection shall submit an application to the implementing nongovernmental organization at such time, in such manner, and containing such information as such organization may require. (B) Establishment of screening board.-- (i) In general.--The implementing nongovernmental organization selected under paragraph (1) shall establish a screening board, to be known as the ``Project Advisory Board'', to review and evaluate applications from local service providers or advocacy groups submitted under subparagraph (A). (ii) Membership.-- (I) Appointment of voting members.--The implementing nongovernmental organization, in consultation with the Administrator, shall appoint at least 7 voting members of the Project Advisory Board who are members of autism advocacy groups, professionals working with autism, or otherwise associated with the autism community, including-- (aa) at least 2 parents from different families of individuals with autism; (bb) at least 1 medical professional working with autism; (cc) at least 1 teacher of individuals with autism; and (dd) at least 1 individual who has autism. (II) Terms.--Each member appointed under subclause (I)-- (aa) shall serve for a term of 1 year; (bb) may serve up to 3 consecutive terms; and (cc) may continue to serve after the expiration of the term of such member until such time as a successor is appointed. (III) Selection criteria.--In appointing members to the Project Advisory Board under subclause (I), the implementing nongovernmental organization shall attempt to-- (aa) ensure objectivity and balance; (bb) reduce the potential for conflicts of interest; and (cc) include individuals with experience working in the developing world. (IV) Appointment of non-voting members.--The Administrator shall appoint as many non-voting members to the Project Advisory Board as the Administrator determines appropriate. (d) Teach the Teachers.-- (1) In general.--The implementing nongovernmental organization, acting on behalf of the Administrator and in consultation with the Project Advisory Board, shall establish a program, to be known as the ``Teach the Teachers Program'', to-- (A) identify health and education professionals to receive specialized training for teaching and working with youth with autism, including training conducted in 2- or 3-day workshops at locations within 1 of the 2 regions designated pursuant to subsection (b); and (B) conduct training through 2- or 3-day biomedical conferences in the 2 regions designated pursuant to subsection (b), including-- (i) bringing medical and psychological specialists from the United States to train and educate parents and health professionals who deal with autism; (ii) training related to biomedical interventions that can affect autism; (iii) training on how nutrition and various metabolic issues can impact behavior; (iv) training on the role of applied behavioral analysis; and (v) various occupational and speech therapies in fighting autism. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section-- (1) $3,000,000 for fiscal year 2009; (2) $3,000,000 for fiscal year 2010; and (3) $4,000,000 for fiscal year 2011.", "summary": "Global Autism Assistance Act of 2008 - Directs the Administrator for the United States Agency for International Development (USAID) to establish and administer a health and education grant program (Global Autism Assistance Program) to: (1) support activities by nongovernmental organizations and other service providers, including advocacy groups, focused on autism in developing countries; and (2) establish a \"teach the teachers\" program to train health and education professionals working with autistic children in developing countries."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Over-the-Counter Hearing Aid Act of 2017''. SEC. 2. REGULATION OF OVER-THE-COUNTER HEARING AIDS. (a) In General.--Section 520 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j) is amended by adding at the end the following: ``(p) Regulation of Over-the-Counter Hearing Aids.-- ``(1) Definition.--In this subsection, the term `over-the- counter hearing aid' means a device-- ``(A) that uses the same fundamental scientific technology as air conduction hearing aids (as defined in section 874.3300 of title 21, Code of Federal Regulations) (or any successor regulation) or wireless air conduction hearing aids (as defined in section 874.3305 of title 21, Code of Federal Regulations) (or any successor regulation); ``(B) that is intended to be used by adults over the age of 18 to compensate for perceived mild to moderate hearing impairment; ``(C) that, through tools, tests, or software, allows the user to control the over-the-counter hearing aid and customize it to the user's hearing needs; ``(D) that may-- ``(i) use wireless technology; or ``(ii) include tests for self-assessment of hearing loss; and ``(E) that is available over-the-counter, without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online. ``(2) Regulation.--An over-the-counter hearing aid shall be subject to the regulations promulgated in accordance with section 2(b) of the Over-the-Counter Hearing Aid Act of 2017 and shall be exempt from sections 801.420 and 801.421 of title 21, Code of Federal Regulations (or any successor regulations).''. (b) Regulations To Establish Category.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), not later than 3 years after the date of enactment of this Act, shall promulgate proposed regulations to establish a category of over-the-counter hearing aids, as defined in subsection (p) of section 520 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j) as amended by subsection (a), and, not later than 180 days after the date on which the public comment period on the proposed regulations closes, shall issue such final regulations. (2) Requirements.--In promulgating the regulations under paragraph (1), the Secretary shall-- (A) include requirements that provide reasonable assurances of the safety and efficacy of over-the- counter hearing aids; (B) include requirements that establish or adopt output limits appropriate for over-the-counter hearing aids; (C) include requirements for appropriate labeling of the over-the-counter hearing aid, including how consumers may report adverse events, any conditions or contraindications, and any advisements to consult promptly with a licensed physician; and (D) describe the requirements under which the sale of over-the-counter hearing aids is permitted, without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online. (3) Premarket notification.--The Secretary shall make findings under section 510(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(m)) to determine whether over-the- counter hearing aids (as defined in section 520(p) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j), as amended by subsection (a)) require a report under section 510(k) to provide reasonable assurance of safety and effectiveness. (4) Effect on state law.--No State or local government shall establish or continue in effect any law, regulation, order, or other requirement specifically applicable to hearing products that would restrict or interfere with the servicing, marketing, sale, dispensing, use, customer support, or distribution of over-the-counter hearing aids (as defined in section 520(p) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j), as amended by subsection (a)) through in-person transactions, by mail, or online, that is different from, in addition to, or otherwise not identical to, the regulations promulgated under this subsection, including any State or local requirement for the supervision, prescription, or other order, involvement, or intervention of a licensed person for consumers to access over-the-counter hearing aids. (c) New Guidance Issued.--Not later than the date on which final regulations are issued under subsection (b), the Secretary shall update and finalize the draft guidance of the Department of Health and Human Services entitled, ``Regulatory Requirements for Hearing Aid Devices and Personal Sound Amplification Products'', issued on November 7, 2013. Such updated and finalized guidance shall clarify which products, on the basis of claims or other marketing, advertising, or labeling material, meet the definition of a device in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) and which products meet the definition of a personal sound amplification product, as set forth in such guidance.", "summary": "Over-the-Counter Hearing Aid Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to categorize certain hearing aids as over-the-counter hearing aids and issue regulations regarding those hearing aids. The regulations for over-the-counter hearing aids must: (1) provide reasonable assurances of safety and efficacy; (2) establish output limits and labeling requirements; and (3) describe requirements for the sale of hearing aids in-person, by mail, or online, without a prescription. State and local governments may not establish or continue in effect requirements specifically applicable to hearing products that are not identical to FDA requirements and that restrict or interfere with the servicing or sale of over-the-counter hearing aids. The FDA must update and finalize its draft guidance on hearing products. The guidance must clarify which products are medical devices."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Ownership, Readiness and Knowledge Act'' or the ``WORK Act''. SEC. 2. DEFINITIONS. (a) In this Act: (1) Director.--The term ``Director'' means the Director of Employee Ownership and Participation. (2) Existing program.--The term ``existing program'' means a program, designed to promote employee ownership and employee participation in business decisionmaking, that exists on the date the Director is carrying out a responsibility authorized by this Act. (3) New program.--The term ``new program'' means a program, designed to promote employee ownership and employee participation in business decisionmaking, that does not exist on the date the Director is carrying out a responsibility authorized by this Act. (4) Office.--The term ``Office'' means the Office of Employee Ownership and Participation established under section 3. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) State.--The term ``State'' means any of the 50 States within the United States of America. SEC. 3. OFFICE OF EMPLOYEE OWNERSHIP AND PARTICIPATION. (a) Establishment.--The Secretary shall establish within the Department of Labor an Office of Employee Ownership and Participation to promote employee ownership and employee participation in business decisionmaking. (b) Director.--The Secretary shall appoint a Director of Employee Ownership and Participation to head the Office. (c) Functions.--The functions of the Director are to-- (1) support within the States existing programs designed to promote employee ownership and employee participation in business decisionmaking; and (2) facilitate within the States the formation of new programs designed to promote employee ownership and employee participation in business decisionmaking. (d) Duties.--To carry out the functions enumerated in subsection (c), the Director shall-- (1) support new programs and existing programs by-- (A) making Federal grants authorized under section 5; and (B)(i) acting as a clearinghouse on techniques employed by new programs and existing programs within the States, and disseminating information relating to those techniques to the programs; or (ii) funding projects for information gathering on those techniques, and dissemination of that information to the programs, by groups outside the Office; and (2) facilitate the formation of new programs, in ways that include holding or funding an annual conference of representatives from States with existing programs, representatives from States developing new programs, and representatives from States without existing programs. SEC. 4. PROGRAMS REGARDING EMPLOYEE OWNERSHIP AND PARTICIPATION. (a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program, administered by the Director, to encourage new and existing programs within the States, designed to foster employee ownership and employee participation in business decisionmaking throughout the United States. (b) Purpose of Program.--The purpose of the program established under subsection (a) is to encourage new and existing programs within the States that focus on-- (1) providing education and outreach to inform employees and employers about the possibilities and benefits of employee ownership, business ownership succession planning, and employee participation in business decisionmaking, including providing information about financial education, employee teams, open- book management, and other tools that enable employees to share ideas and information about how their businesses can succeed; (2) providing technical assistance to assist employee efforts to become business owners, to enable employers and employees to explore and assess the feasibility of transferring full or partial ownership to employees, and to encourage employees and employers to start new employee-owned businesses; (3) training employees and employers with respect to methods of employee participation in open-book management, work teams, committees, and other approaches for seeking greater employee input; and (4) training other entities to apply for funding under this section, to establish new programs, and to carry out program activities. (c) Program Details.--The Secretary may include, in the program established under subsection (a), provisions that-- (1) in the case of activities under subsection (b)(1)-- (A) target key groups such as retiring business owners, senior managers, unions, trade associations, community organizations, and economic development organizations; (B) encourage cooperation in the organization of workshops and conferences; and (C) prepare and distribute materials concerning employee ownership and participation, and business ownership succession planning; (2) in the case of activities under subsection (b)(2)-- (A) provide preliminary technical assistance to employee groups, managers, and retiring owners exploring the possibility of employee ownership; (B) provide for the performance of preliminary feasibility assessments; (C) assist in the funding of objective third-party feasibility studies and preliminary business valuations, and in selecting and monitoring professionals qualified to conduct such studies; and (D) provide a data bank to help employees find legal, financial, and technical advice in connection with business ownership; (3) in the case of activities under subsection (b)(3)-- (A) provide for courses on employee participation; and (B) provide for the development and fostering of networks of employee-owned companies to spread the use of successful participation techniques; and (4) in the case of training under subsection (b)(4)-- (A) provide for visits to existing programs by staff from new programs receiving funding under this Act; and (B) provide materials to be used for such training. (d) Regulations.--The Secretary shall promulgate regulations pursuant to this Act that require new and existing programs established or funded under this Act to be-- (1) proactive in encouraging actions and activities that promote employee ownership of, and participation in, businesses; and (2) comprehensive in emphasizing both employee ownership of, and participation in, businesses so as to increase productivity and broaden capital ownership. SEC. 5. GRANTS. (a) In General.--In carrying out the program established under section 4, the Director may make grants for use in connection with new programs and existing programs within a State for any of the following activities: (1) Education and outreach as provided in section 4(b)(1). (2) Technical assistance as provided in section 4(b)(2). (3) Training activities for employees and employers as provided in section 4(b)(3). (4) Activities facilitating cooperation among employee- owned firms. (5) Training as provided in section 4(b)(4) for new programs provided by participants in existing programs dedicated to the objectives of this Act, except that, for each fiscal year, the amount of the grants made for such training shall not exceed 10 percent of the total amount of the grants made under this Act. (b) Amounts and Conditions.--The Director shall determine the amount and any conditions for a grant made under this section. The amount of the grant shall be subject to subsection (f), and shall reflect the capacity of the applicant for the grant. (c) Applications.--Each entity desiring a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. (d) State Applications.--Each State may sponsor and submit an application under subsection (c) on behalf of any local entity consisting of a unit of State or local government, State-supported institution of higher education, or nonprofit organization, meeting the requirements of this Act. (e) Applications by Entities.-- (1) Entity applications.--If a State fails to support or establish a program pursuant to this Act during any fiscal year, the Director shall, in the subsequent fiscal years, allow local entities described in subsection (d) from that State to make applications for grants under subsection (c) on their own initiative. (2) Application screening.--Any State failing to support or establish a program pursuant to this Act during any fiscal year may submit applications under subsection (c) in the subsequent fiscal years but may not screen applications by local entities described in subsection (d) before submitting the applications to the Director. (f) Limitations.--A recipient of a grant made under this section shall not receive, during a fiscal year, in the aggregate, more than the following amounts: (1) For fiscal year 2010, $300,000. (2) For fiscal year 2011, $330,000. (3) For fiscal year 2012, $363,000. (4) For fiscal year 2013, $399,300. (5) For fiscal year 2014, $439,200. (g) Annual Report.--For each year, each recipient of a grant under this section shall submit to the Director a report describing how grant funds allocated pursuant to this section were expended during the 12- month period preceding the date of the submission of the report. SEC. 6. OFFICE REPORTING. Not later than the expiration of the 36-month period following the date of enactment of this Act, the Director shall prepare and submit to Congress a report-- (1) on progress related to employee ownership and participation in businesses in the United States; and (2) containing an analysis of critical costs and benefits of activities carried out under this Act. SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated for the purpose of making grants pursuant to section 5 the following: (1) For fiscal year 2010, $3,500,000. (2) For fiscal year 2011, $5,500,000. (3) For fiscal year 2012, $8,000,000. (4) For fiscal year 2013, $10,500,000. (5) For fiscal year 2014, $13,500,000. (b) Administrative Expenses.--There are authorized to be appropriated for the purpose of funding the Office, for each of fiscal years 2010 through 2014, an amount not in excess of-- (1) $350,000; or (2) 5.0 percent of the maximum amount available under subsection (a) for that fiscal year.", "summary": "Worker Ownership, Readiness and Knowledge Act or the WORK Act - Directs the Secretary of Labor to establish within the Department of Labor an Office of Employee Ownership and Participation to promote employee ownership and employee participation in business decisionmaking. Requires the Office Director, with federal grants and acting as an information clearinghouse, to: (1) support existing programs in the states designed to promote employee ownership and employee participation in business decisionmaking; and (2) promote the formation of new such programs. Directs the Secretary to establish a program, administered by the Director, which is designed to foster employee ownership and employee participation in business decisionmaking throughout the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Red Cliffs Desert Reserve Completion Act''. SEC. 2. FINDINGS. Congress finds that-- (1) in the early 1980s, James Doyle, doing business as Rocky Mountain Ventures and Environmental Land Technologies, Ltd., began assembling land for a massive real estate development in the rapidly growing St. George area of Utah; (2) the centerpieces of this development were 9 golf courses surrounded by luxury homes; (3) during the 1980s, James Doyle acquired 2,440 acres and held preferential rights to an additional 11,000 acres for this development; (4) throughout the 1980s and into the 1990s, James Doyle invested large amounts of money to acquire and develop this land, including-- (A) procuring the water rights and engineering studies; (B) developing proposals and designs for transportation corridors; (C) constructing 1 golf course and designing nine more; (D) developing utility layouts and placements; (E) installing necessary sewer, water, and power for the various properties; and (F) securing all necessary zoning adjustments and development permissions; (5) with planning and preparation essentially complete by 1989, James Doyle was prepared to break ground for the initial phase of his project; (6) on April 2, 1990, the United States Fish and Wildlife Service published a final rule listing the Mojave population of the desert tortoise as ``threatened'' under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (7) on February 8, 1994, the United States Fish and Wildlife Service published a final rule designating all of James Doyle's land as critical habitat for the Mojave population of the desert tortoise; (8) the listing of the desert tortoise and designation of James Doyle's land as critical habitat for the tortoise made James Doyle's planned land development, as well as that of other nearby lands, unlawful without the issuance of an incidental take permit by the United States Fish and Wildlife Service; (9) in response to the designation, James Doyle, as a member of the Habitat Conservation Plan Steering Committee, worked with other landowners, as well as Federal, State, and county officials, to create a Habitat Conservation Plan covering Washington County that would have allowed James Doyle to develop a portion of his land; (10) the United States Fish and Wildlife Service rejected the plan, stating that the plan set aside insufficient land to protect the tortoise; (11) James Doyle and the Steering Committee prepared a revised Habitat Conservation Plan, which the United States Fish and Wildlife Service approved on February 23, 1996; (12) the approved Habitat Conservation Plan allowed the development of 350,000 acres of tortoise habitat, and set aside 61,022 acres, including all of James Doyle's land, as protected tortoise habitat reserve where no development was allowed; (13) to this end, the Habitat Conservation Plan expressly provided that the United States Fish and Wildlife Service would issue no incidental take permits for desert tortoises on reserve lands; (14) in return for placing the land in the tortoise reserve, the United States promised that it would acquire title to all of the private land, including James Doyle's, by exchange or purchase at fair market value; (15) despite extensive negotiations, the United States acquired only about 400 acres of James Doyle's land for the tortoise reserve, leaving the remainder of his acreage vacant and unproductive; (16) as the years passed, James Doyle's inability to develop or sell this remaining acreage resulted in severe financial limitations, leaving him unable to service the mortgages he had incurred on the land to finance acquisition and development costs; (17) on March 30, 2004, unable to develop, exchange, or sell the land, in which James Doyle had invested millions of dollars, James Doyle was forced to seek bankruptcy protection; (18) in 2010, James Doyle completed, and the bankruptcy court approved, a plan under which James Doyle was required to transfer to his creditors all but 274 acres of his land, which he still owns but cannot develop; (19) in 2015, James Doyle filed suit in the United States Court of Federal Claims, seeking just compensation for the land that has served as a tortoise reserve since 1996, and was taken without compensation; (20) the United States Court of Federal Claims dismissed James Doyle's claim, without prejudice, ruling that he must first seek and be denied a United States Fish and Wildlife Service permit to develop his land, even though it is within the Red Cliffs Desert Reserve where no development is allowed; and (21) the permit process would take several years and would be futile. SEC. 3. SETTLEMENT OF CLAIM. (a) In General.--The Secretary of the Treasury shall pay James Doyle, out of money not otherwise appropriated, a sum of money, in an amount to be determined by the United States Court of Federal Claims, representing the amount to which James Doyle may be entitled in order to make James Doyle whole for any damages and losses sustained by James Doyle by reason of the Federal Government's taking of approximately 2,000 acres of his land located in the St. George area of Utah, now designated as the Red Cliffs Desert Reserve and set aside as habitat for the Mojave desert tortoise, a species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (b) Full Satisfaction of Claims.--The payment made under subsection (a) shall be in full satisfaction of all claims of James Doyle against the United States.", "summary": "Provides for the relief of James Doyle, doing business as Rocky Mountain Ventures and Environmental Land Technologies, Ltd."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate Tax Repeal Acceleration (ExTRA) for Family-Owned Businesses and Farms Act''. SEC. 2. REPEAL OF ESTATE TAX ON FAMILY-OWNED BUSINESSES AND FARMS. (a) Carryover Business Interest Exclusion.--Part IV of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to taxable estate) is amended by inserting after section 2058 the following new section: ``SEC. 2059. CARRYOVER BUSINESS INTERESTS. ``(a) General Rules.-- ``(1) Allowance of deduction.--For purposes of the tax imposed by section 2001, in the case of an estate of a decedent to which this section applies, the value of the taxable estate shall be determined by deducting from the value of the gross estate the adjusted value of the carryover business interests of the decedent which are described in subsection (b)(2). ``(2) Application of carryover basis rules.--With respect to the adjusted value of the carryover business interests of the decedent which are described in subsection (b)(2), the rules of section 1023 shall apply. ``(b) Estates to Which Section Applies.-- ``(1) In general.--This section shall apply to an estate if-- ``(A) the decedent was (at the date of the decedent's death) a citizen or resident of the United States, ``(B) the executor elects the application of this section under rules similar to the rules of paragraphs (1) and (3) of section 2032A(d) and files the agreement referred to in subsection (e), and ``(C) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(i) the carryover business interests described in paragraph (2) were owned by the decedent or a member of the decedent's family, and ``(ii) there was material participation (within the meaning of section 2032A(e)(6)) by the decedent, a member of the decedent's family, or a qualified heir in the operation of the business to which such interests relate. ``(2) Includible carryover business interests.--The carryover business interests described in this paragraph are the interests which-- ``(A) are included in determining the value of the gross estate, ``(B) are acquired by any qualified heir from, or passed to any qualified heir from, the decedent (within the meaning of section 2032A(e)(9)), and ``(C) are subject to the election under paragraph (1)(B). ``(3) Rules regarding material participation.--For purposes of paragraph (1)(C)(ii)-- ``(A) in the case a surviving spouse, material participation by such spouse may be satisfied under rules similar to the rules under section 2032A(b)(5), ``(B) in the case of a carryover business interest in an entity carrying on multiple trades or businesses, material participation in each trade or business is satisfied by material participation in the entity or in 1 or more of the multiple trades or businesses, and ``(C) in the case of a lending and finance business (as defined in section 6166(b)(10)(B)(ii)), material participation is satisfied under the rules under subclause (I) or (II) of section 6166(b)(10)(B)(i). ``(c) Adjusted Value of the Carryover Business Interests.--For purposes of this section-- ``(1) In general.--The adjusted value of any carryover business interest is the value of such interest for purposes of this chapter (determined without regard to this section), as adjusted under paragraph (2). ``(2) Adjustment for previous transfers.--The Secretary may increase the value of any carryover business interest by that portion of those assets transferred from such carryover business interest to the decedent's taxable estate within 3 years before the date of the decedent's death. ``(d) Carryover Business Interest.-- ``(1) In general.--For purposes of this section, the term `carryover business interest' means-- ``(A) an interest as a proprietor in a trade or business carried on as a proprietorship, or ``(B) an interest in an entity carrying on a trade or business, if-- ``(i) at least-- ``(I) 50 percent of such entity is owned (directly or indirectly) by the decedent and members of the decedent's family, ``(II) 70 percent of such entity is so owned by members of 2 families, or ``(III) 90 percent of such entity is so owned by members of 3 families, and ``(ii) for purposes of subclause (II) or (III) of clause (i), at least 30 percent of such entity is so owned by the decedent and members of the decedent's family. For purposes of the preceding sentence, a decedent shall be treated as engaged in a trade or business if any member of the decedent's family is engaged in such trade or business. ``(2) Lending and finance business.--For purposes of this section, any asset used in a lending and finance business (as defined in section 6166(b)(10)(B)(ii)) shall be treated as an asset which is used in carrying on a trade or business. ``(3) Limitation.--Such term shall not include-- ``(A) any interest in a trade or business the principal place of business of which is not located in the United States, ``(B) any interest in an entity, if the stock or debt of such entity or a controlled group (as defined in section 267(f)(1)) of which such entity was a member was readily tradable on an established securities market or secondary market (as defined by the Secretary) at any time, ``(C) that portion of an interest in an entity transferred by gift to such interest within 3 years before the date of the decedent's death, and ``(D) that portion of an interest in an entity which is attributable to cash or marketable securities, or both, in any amount in excess of the reasonably anticipated business needs of such entity. In any proceeding before the United States Tax Court involving a notice of deficiency based in whole or in part on the allegation that cash or marketable securities, or both, are accumulated in an amount in excess of the reasonably anticipated business needs of such entity, the burden of proof with respect to such allegation shall be on the Secretary to the extent such cash or marketable securities are less than 35 percent of the value of the interest in such entity. ``(4) Rules regarding ownership.-- ``(A) Ownership of entities.--For purposes of paragraph (1)(B)-- ``(i) Corporations.--Ownership of a corporation shall be determined by the holding of stock possessing the appropriate percentage of the total combined voting power of all classes of stock entitled to vote and the appropriate percentage of the total value of shares of all classes of stock. ``(ii) Partnerships.--Ownership of a partnership shall be determined by the owning of the appropriate percentage of the capital interest in such partnership. ``(B) Ownership of tiered entities.--For purposes of this section, if by reason of holding an interest in a trade or business, a decedent, any member of the decedent's family, any qualified heir, or any member of any qualified heir's family is treated as holding an interest in any other trade or business-- ``(i) such ownership interest in the other trade or business shall be disregarded in determining if the ownership interest in the first trade or business is a carryover business interest, and ``(ii) this section shall be applied separately in determining if such interest in any other trade or business is a carryover business interest. ``(C) Individual ownership rules.--For purposes of this section, an interest owned, directly or indirectly, by or for an entity described in paragraph (1)(B) shall be considered as being owned proportionately by or for the entity's shareholders, partners, or beneficiaries. A person shall be treated as a beneficiary of any trust only if such person has a present interest in such trust. ``(e) Agreement.--The agreement referred to in this subsection is a written agreement signed by each person in being who has an interest (whether or not in possession) in any property designated in such agreement consenting to the application of this section with respect to such property. ``(f) Other Definitions and Applicable Rules.--For purposes of this section-- ``(1) Qualified heir.--The term `qualified heir' means a United States citizen who is-- ``(A) described in section 2032A(e)(1), or ``(B) an active employee of the trade or business to which the carryover business interest relates if such employee has been employed by such trade or business for a period of at least 10 years before the date of the decedent's death. ``(2) Member of the family.--The term `member of the family' has the meaning given to such term by section 2032A(e)(2). ``(3) Applicable rules.--Rules similar to the following rules shall apply: ``(A) Section 2032A(b)(4) (relating to decedents who are retired or disabled). ``(B) Section 2032A(e)(10) (relating to community property). ``(C) Section 2032A(e)(14) (relating to treatment of replacement property acquired in section 1031 or 1033 transactions). ``(D) Section 2032A(g) (relating to application to interests in partnerships, corporations, and trusts). ``(4) Safe harbor for active entities held by entity carrying on a trade or business.--For purposes of this section, if-- ``(A) an entity carrying on a trade or business owns 20 percent or more in value of the voting interests of another entity, or such other entity has 15 or fewer owners, and ``(B) 80 percent or more of the value of the assets of each such entity is attributable to assets used in an active business operation, then the requirements under subsections (b)(1)(C)(ii) and (d)(3)(D) shall be met with respect to an interest in such an entity.''. (b) Carryover Basis Rules for Carryover Business Interests.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basis rules of general application) is amended by inserting after section 1022 the following new section: ``SEC. 1023. TREATMENT OF CARRYOVER BUSINESS INTERESTS. ``(a) In General.--Except as otherwise provided in this section-- ``(1) qualified property acquired from a decedent shall be treated for purposes of this subtitle as transferred by gift, and ``(2) the basis of the person acquiring qualified property from such a decedent shall be the lesser of-- ``(A) the adjusted basis of the decedent, or ``(B) the fair market value of the property at the date of the decedent's death. ``(b) Qualified Property.--For purposes of this section, the term `qualified property' means the carryover business interests of the decedent with respect to which an election is made under section 2059(b)(1)(B). ``(c) Property Acquired From the Decedent.--For purposes of this section, the following property shall be considered to have been acquired from the decedent: ``(1) Property acquired by bequest, devise, or inheritance, or by the decedent's estate from the decedent. ``(2) Property transferred by the decedent during his lifetime-- ``(A) to a qualified revocable trust (as defined in section 645(b)(1)), or ``(B) to any other trust with respect to which the decedent reserved the right to make any change in the enjoyment thereof through the exercise of a power to alter, amend, or terminate the trust. ``(3) Any other property passing from the decedent by reason of death to the extent that such property passed without consideration. ``(d) Coordination With Section 691.--This section shall not apply to property which constitutes a right to receive an item of income in respect of a decedent under section 691. ``(e) Certain Liabilities Disregarded.-- ``(1) In general.--In determining whether gain is recognized on the acquisition of property-- ``(A) from a decedent by a decedent's estate or any beneficiary other than a tax-exempt beneficiary, and ``(B) from the decedent's estate by any beneficiary other than a tax-exempt beneficiary, and in determining the adjusted basis of such property, liabilities in excess of basis shall be disregarded. ``(2) Tax-exempt beneficiary.--For purposes of paragraph (1), the term `tax-exempt beneficiary' means-- ``(A) the United States, any State or political subdivision thereof, any possession of the United States, any Indian tribal government (within the meaning of section 7871), or any agency or instrumentality of any of the foregoing, ``(B) an organization (other than a cooperative described in section 521) which is exempt from tax imposed by chapter 1, ``(C) any foreign person or entity (within the meaning of section 168(h)(2)), and ``(D) to the extent provided in regulations, any person to whom property is transferred for the principal purpose of tax avoidance. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (c) Clerical Amendments.-- (1) The table of sections for part IV of subchapter A of chapter 11 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 2058 the following new item: ``Sec. 2059. Carryover business exclusion.''. (2) The table of sections for part II of subchapter O of chapter 1 of such Code is amended by inserting after the item relating to section 1022 the following new item: ``Sec. 1023. Treatment of carryover business interests.''. (d) Effective Dates.--The amendments made by this section shall apply to estates of decedents dying, and gifts made-- (1) after the date of the enactment of this Act, and before January 1, 2010, and (2) after December 31, 2010.", "summary": "Estate Tax Repeal Acceleration (ExTRA) for Family-Owned Businesses and Farms Act - Amends the Internal Revenue Code to revise the estate tax exclusion provisions applicable to family-owned business interests. Allows an exclusion from the gross estate for the adjusted value of certain family business interests acquired from a decedent (carryover business interests). Defines \"carryover business interests\" and revises ownership requirements and material participation rules applicable to such interests. Provides that carryover business interests acquired from a decedent shall be treated as transferred by gift and that the basis of such property shall be the lesser of the adjusted basis of the decedent, or the fair market value of such property at the date of the decedent's death (thus eliminating the estate tax on such property)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Teaching Children to Save Lives Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Heart disease is the leading cause of death in the United States. (2) Sudden cardiac arrest is the leading cause of death in young athletes. (3) Sudden cardiac arrest kills an estimated 5,000 to 7,000 children and young people per year--nearly 20 per day. (4) The American Heart Association estimates that the lives of 40,000 cardiac arrest victims could be saved each year through initiating a course of action known as the chain of survival. (5) The chain of survival includes prompt notification of emergency services and early cardiopulmonary resuscitation (hereinafter referred to as ``CPR''), defibrillation, and advanced cardiac life support. (6) Only 36 States have a law or curriculum standard encouraging CPR or automated external defibrillator (hereinafter referred to as ``AED'') training in schools. (7) A person experiencing sudden cardiac arrest has a 90 percent chance of survival if CPR and an AED is used within the first minute after collapse. (8) Over 64 percent of young athletes and others have survived sudden cardiac arrest that occurred in a high school with an AED program. (9) An important part of school children's education is learning healthy behaviors, including proper nutrition and physical activity. This health education should also include basic emergency life-saving skills. (10) Teaching school children to perform the life-saving skill of CPR, identify and respond to choking victims, and recognize the signs of stroke and heart attack can improve their confidence in responding to an emergency and encourage continued efforts to update these skills after graduation, thereby potentially reducing the rate of death from sudden cardiac arrest, choking, and stroke. SEC. 3. GRANTS FOR CPR TRAINING IN PUBLIC SCHOOLS. (a) Grants Authorized.--The Secretary of Education shall carry out a program under which the Secretary is authorized to award grants to eligible local educational agencies or targeted schools for implementing nationally recognized CPR and AED training courses. (b) Use of Funds.--A local educational agency or targeted school under this Act may use the grant for-- (1) training individuals in CPR and AED skills and instruction; (2) obtaining printed informational or instructional materials; (3) obtaining manikins; (4) obtaining AED training devices; and (5) obtaining other equipment as determined appropriate by the Secretary. (c) Grant Eligibility.-- (1) Application.--To be eligible to receive a grant under this section, a local educational agency or targeted school shall submit an application to the Secretary at such time, in such manner, and containing such information and certifications as the Secretary may reasonably require. (2) AED training devices.--To be eligible to use the grant to obtain an AED training device, a local agency or targeted school shall demonstrate to the Secretary that such agency or school has implemented or intends to implement an AED training program in conjunction with a CPR training program as of the date of the submission of the application for the grant. (d) Priority of Award.--In awarding grants under this section, the Secretary shall award such grants based on 1 or more of following priorities: (1) Demonstrated need for initiating a CPR or AED training program in a targeted school or community served by targeted schools. (2) Demonstrated need for continued support of an existing CPR or AED training programs in targeted schools or communities served by targeted schools. (3) Demonstrated need for expanding an existing CPR or AED training program by adding training in the use of an AED. (4) Opportunities to encourage and foster partnerships with and among community organizations, including emergency medical service providers, fire and police departments, nonprofit organizations, public health organizations, and parent-teacher associations to aid in providing CPR or AED training. (5) Options to maximize the use of funds provided under this section. (e) Report Required.--Not later than 1 year after the date on which funds are first appropriated to carry out the program, the Secretary shall submit a report to Congress describing-- (1) grant amounts and recipients; (2) how the funds were used; and (3) the impact of the funds on the development of CPR and AED training programs in schools implementing the grants. (f) Definitions.--In this section: (1) Targeted school.--The term ``targeted school'' means a public elementary school or secondary school that provides education to students in any of grades 6 through 12. (2) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $25,000,000 for each of the fiscal years 2012 through 2017.", "summary": "Teaching Children to Save Lives Act of 2011 - Authorizes the Secretary of Education to award grants to local educational agencies or public elementary or secondary schools to implement nationally recognized cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) training courses. Allows a grant to be used to purchase an AED training device if the grantee implements or has implemented an AED training program in conjunction with a CPR training program."}
{"article": "SECTION 1. BASIC PROGRAM REQUIREMENTS. (a) Program Description.--Paragraph (2) of section 1011 of the Elementary and Secondary Education Act is amended by inserting ``the training of teachers, librarians, counselors, and other instructional and pupil services personnel in gender-equitable education methods, techniques, and practices; the evaluation of the degree of gender equity in the programs and projects assisted under this chapter;'' after ``school year);''. (b) Innovative Projects.--Subsection (b) of section 1011 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (6), by striking ``and'' after the semicolon; (2) in paragraph 7, by striking the period and adding ``; and''; and (3) by adding at the end the following: ``(8) training of parents, teachers, and other instructional pupil services personnel regarding the impact of gender-role socialization on the educational needs of eligible children and the use of gender-equitable educational practices.''. SEC. 2. SCHOOLWIDE PROJECTS. Subsection (b) of section 1015 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (D) and (E) as (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: ``(D) describes the methods used to ensure gender- equitable instruction in programs supported under this part;''; and (2) in paragraph (4), by inserting ``including training in the impact of gender role socialization on learning and gender- equitable teaching practices'' after ``the plan''. SEC. 3. PARENTAL INVOLVEMENT. Paragraph (3) of section 1016(a) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``, including training in the impact of gender-role socialization on learning and on gender- equitable teaching practices'' before the period. SEC. 4. PROGRAM IMPROVEMENT. Subsection (b) of section 1021 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) A local educational agency that demonstrates a substantial difference in the participation or achievement of students by sex shall include a description of planned efforts to implement gender equity training for chapter 1 personnel;''. SEC. 5. EVEN START USES OF FUNDS. Paragraph (4) of section 1054(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``, including training on the impact of gender-role socialization on learning and gender- equitable education practices'' after ``programs''. SEC. 6. SECONDARY SCHOOL APPLICATIONS. Subsection (b) of section 1104 of the Elementary and Secondary Education Act is amended-- (1) by redesignating paragraphs (10), (11), and (12) as paragraphs (11), (12), and (13), respectively; and (2) by inserting after paragraph (9) the following: ``(10) describe the methods used to ensure gender-equitable instruction in the programs supported under this part;''. SEC. 7. AWARD OF GRANTS. Subsection (a) of section 1105 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4) by striking the period and adding ``; and''; and (3) by adding at the end the following: ``(5) demonstrate the greatest degree of effort to promote gender equity and to incorporate gender-equitable instruction into the program.''. SEC. 8. LOCAL TARGETED ASSISTANCE PROGRAMS. Subsection (b) of section 1531 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (5) the following: ``(6) programs designed to promote gender equity in education by eliminating gender bias in instruction and educational materials, identifying and analyzing gender inequities in education, and implementing and evaluating educational policies and practices designed to achieve gender equity, including training in gender-equitable instruction for teachers and other educational personnel and community education programs to enhance the leadership and academic skills of girls and young women;''. SEC. 9. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. Paragraph (1) of section 2006(b) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (D), by striking ``or'' after the semicolon; (2) in subparagraph (E), by striking the period and adding ``; and''; and (3) by adding at the end the following: ``(F) preservice, inservice, and retraining of teachers and other school personnel in gender-equitable instruction in mathematics and science.''. SEC. 10. NATIONAL PROGRAMS. Paragraph (3) of section 2012(e) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (D), by striking ``and'' after the semicolon; (2) in subparagraph (E), by striking the period and adding ``; and''; and (3) by adding at the end the following: ``(F) demonstrate a commitment to achieving gender equity both in access to the computer-use program and in the teaching practices used in the program.''. SEC. 11. WOMEN'S EDUCATIONAL EQUITY. (a) Application; Participation.--Paragraph (1) of section 4002(a) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (B)-- (A) by inserting ``the development and implementation of'' before ``model''; and (B) by inserting ``gender and'' after ``to provide''. (2) in subparagraph (D); (A) by inserting ``the development and implementation of'' before ``guidance''; and (B) by inserting ``career education programs and'' after ``including''. SEC. 12. GIFTED AND TALENTED CHILDREN. Subsection (b) of section 4104 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (4) and (5) as (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) training of personnel involved in talented and gifted programs with respect to the impact of gender-role socialization on the educational needs of gifted and talented children and in gender-equitable education methods, techniques and practices;''. SEC. 13. SECRETARY'S FUND FOR INNOVATION IN EDUCATION. Subsection (b) of section 4604 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (2) and (3) as (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) training programs for teachers and instructional personnel on the impact of gender-role socialization on computer learning styles and gender-equitable methods, techniques, and practices for computer-based instruction;''.", "summary": "Amends the Elementary and Secondary Education Act of 1965 to establish gender equity requirements and training programs for teachers and other educational personnel (or parents) with respect to: (1) basic program requirements (under chapter 1 of title I for educationally disadvantaged children), innovative projects, schoolwide projects, parental involvement, and program improvement; (2) Even Start progam uses of funds; (3) secondary school programs (for basic skills improvement and dropout prevention and reentry) applications and award of grants; (4) local targeted assistance programs (under chapter 2 educational improvement partnership); (5) Eisenhower Mathematics and Science program school teacher training and national programs; (6) Women's Educational Equity personnel training and career education programs; (7) gifted and talented students personnel training; and (8) computer-based instruction personnel training under the Secretary's fund for innovation in education."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Assistance Act of 2007''. SEC. 2. INCREASE AND EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) Extension.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2008'' and inserting ``December 31, 2016''. (b) Repeal of Maximum Dollar Limitation.-- (1) In general.--Subsection (b) of section 25D of such Code is amended to read as follows: ``(b) Certification of Solar Water Heating Property.--No credit shall be allowed under this section for an item of property described in subsection (d)(1) unless such property is certified for performance by the non-profit Solar Rating Certification Corporation or a comparable entity endorsed by the government of the State in which such property is installed.''. (2) Conforming amendments.-- (A) Subsection (e) of section 25D of such Code is amended by striking paragraph (4) and by redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively. (B) Paragraph (1) of section 25C(e) of such Code is amended by striking ``(8), and (9)'' and inserting ``and (8) (and paragraph (4) as in effect before its repeal)''. (c) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Subsection (c) of section 25D of such Code is amended to read as follows: ``(c) Limitation Based on Amount of Tax; Carryforward of Unused Credit.-- ``(1) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year. ``(2) Carryforward of unused credit.-- ``(A) Rule for years in which all personal credits allowed against regular and alternative minimum tax.-- In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(B) Rule for other years.--In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (2) Conforming amendments.-- (A) Section 23(b)(4)(B) of such Code is amended by inserting ``and section 25D'' after ``this section''. (B) Section 24(b)(3)(B) of such Code is amended by striking ``and 25B'' and inserting ``, 25B, and 25D''. (C) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25D''. (D) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25D''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to expenditures made after the date of the enactment of this Act. (2) Extension.--The amendment made by subsection (a) shall apply to property placed in service after December 31, 2008. (3) Allowance against alternative minimum tax.-- (A) In general.--The amendments made by subsection (c) shall apply to taxable years beginning after the date of the enactment of this Act. (B) Application of egtrra sunset.--The amendments made by subparagraphs (A) and (B) of subsection (c)(2) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provisions of such Act to which such amendments relate. SEC. 3. EXTENSION AND MODIFICATION OF ENERGY CREDIT. (a) Extension of 30 Percent Credit for Solar Energy.--Subclause (II) of section 48(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2009'' and inserting ``January 1, 2017''. (b) Extension for Qualified Fuel Cells.--Subparagraph (E) of section 48(c)(1) of such Code is amended by striking ``December 31, 2008'' and inserting ``December 31, 2016''. (c) Public Electric Utility Property Taken Into Account.-- (1) In general.--Paragraph (3) of section 48(a) of such Code is amended by striking the second sentence thereof. (2) Conforming amendment.--Paragraph (1) of section 48(c) of such Code, after amendment under subsection (b), is amended by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (3) Effective date.--The amendments made by this subsection shall apply to periods after June 20, 2007, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 4. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY. Subsection (g) of section 25C of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2007'' and inserting ``December 31, 2015''. SEC. 5. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR APPLIANCES PRODUCED AFTER 2007. (a) In General.--Subsection (b) of section 45M of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Applicable Amount.--For purposes of subsection (a)-- ``(1) Dishwashers.--The applicable amount is-- ``(A) $45 in the case of a dishwasher which is manufactured in calendar year 2008 or 2009 and which uses no more than 324 kilowatt hours per year and 5.8 gallons per cycle, and ``(B) $75 in the case of a dishwasher which is manufactured in calendar year 2008, 2009, or 2010 and which uses no more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons per cycle for dishwashers designed for greater than 12 place settings). ``(2) Clothes washers.--The applicable amount is-- ``(A) $75 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 which meets or exceeds a 1.72 modified energy factor and does not exceed a 8.0 water consumption factor, ``(B) $125 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 or 2009 which meets or exceeds a 1.8 modified energy factor and does not exceed a 7.5 water consumption factor, ``(C) $150 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009 or 2010 which meets or exceeds 2.0 modified energy factor and does not exceed a 6.0 water consumption factor, and ``(D) $250 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009, or 2010 which meets or exceeds 2.2 modified energy factor and does not exceed a 4.5 water consumption factor. ``(3) Refrigerators.--The applicable amount is-- ``(A) $50 in the case of a refrigerator which is manufactured in calendar year 2008, and consumes at least 20 percent but not more than 22.9 percent less kilowatt hours per year than the 2001 energy conservation standards, ``(B) $75 in the case of a refrigerator which is manufactured in calendar year 2008 or 2009, and consumes at least 23 percent but no more than 24.9 percent less kilowatt hours per year than the 2001 energy conservation standards, ``(C) $100 in the case of a refrigerator which is manufactured in calendar year 2008, 2009 or 2010, and consumes at least 25 percent but not more than 29.9 percent less kilowatt hours per year than the 2001 energy conservation standards, and ``(D) $200 in the case of a refrigerator manufactured in calendar year 2008, 2009 or 2010 and which consumes at least 30 percent less energy than the 2001 energy conservation standards. ``(4) Dehumidifiers.--The applicable amount is-- ``(A) $15 in the case of a dehumidifier manufactured in calendar year 2008 that has a capacity less than or equal to 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012, and ``(B) $25 in the case of a dehumidifier manufactured in calendar year 2008 that has a capacity greater than 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012.''. (b) Eligible Production.-- (1) Similar treatment for all appliances.--Subsection (c) of section 45M of such Code is amended-- (A) by striking paragraph (2), (B) by striking ``(1) In general'' and all that follows through ``the eligible'' and inserting ``The eligible'', and (C) by moving the text of such subsection in line with the subsection heading and redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (2) Modification of base period.--Paragraph (2) of section 45M(c) of such Code, as amended by paragraph (1) of this section, is amended by striking ``3-calendar year'' and inserting ``2-calendar year''. (c) Types of Energy Efficient Appliances.--Subsection (d) of section 45M of such Code is amended to read as follows: ``(d) Types of Energy Efficient Appliance.--For purposes of this section, the types of energy efficient appliances are-- ``(1) dishwashers described in subsection (b)(1), ``(2) clothes washers described in subsection (b)(2), ``(3) refrigerators described in subsection (b)(3), and ``(4) dehumidifiers described in subsection (b)(4).''. (d) Aggregate Credit Amount Allowed.-- (1) Increase in limit.--Paragraph (1) of section 45M(e) of such Code is amended to read as follows: ``(1) Aggregate credit amount allowed.--The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $75,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years beginning after December 31, 2007.''. (2) Exception for certain refrigerator and clothes washers.--Paragraph (2) of section 45M(e) of such Code is amended to read as follows: ``(2) Amount allowed for certain refrigerators and clothes washers.--Refrigerators described in subsection (b)(3)(D) and clothes washers described in subsection (b)(2)(D) shall not be taken into account under paragraph (1).''. (e) Qualified Energy Efficient Appliances.-- (1) In general.--Paragraph (1) of section 45M(f) of such Code is amended to read as follows: ``(1) Qualified energy efficient appliance.--The term `qualified energy efficient appliance' means-- ``(A) any dishwasher described in subsection (b)(1), ``(B) any clothes washer described in subsection (b)(2), ``(C) any refrigerator described in subsection (b)(3), and ``(D) any dehumidifier described in subsection (b)(4).''. (2) Clothes washer.--Section 45M(f)(3) of such Code is amended by inserting ``commercial'' before ``residential'' the second place it appears. (3) Top-loading clothes washer.--Subsection (f) of section 45M of such Code is amended by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Top-loading clothes washer.--The term ``top-loading clothes washer'' means a clothes washer which has the clothes container compartment access located on the top of the machine and which operates on a vertical axis.''. (4) Dehumidifier.--Subsection (f) of section 45M of such Code, as amended by paragraph (3), is amended by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8) and (9), respectively, and by inserting after paragraph (5) the following new paragraph: ``(6) Dehumidifier.--The term `dehumidifier' means a self- contained, electrically operated, and mechanically refrigerated encased assembly consisting of-- ``(A) a refrigerated surface that condenses moisture from the atmosphere, ``(B) a refrigerating system, including an electric motor, ``(C) an air-circulating fan, and ``(D) means for collecting or disposing of condensate.''. (5) Replacement of energy factor.--Section 45M(f)(7) of such Code, as amended by paragraph (4), is amended to read as follows: ``(7) Modified energy factor.--The term `modified energy factor' means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standard.''. (6) Gallons per cycle; water consumption factor.--Section 45M(f) of such Code is amended by adding at the end the following: ``(10) Gallons per cycle.--The term `gallons per cycle' means, with respect to a dishwasher, the amount of water, expressed in gallons, required to complete a normal cycle of a dishwasher. ``(11) Water consumption factor.--The term `water consumption factor' means, with respect to a clothes washer, the quotient of the total weighted per-cycle water consumption divided by the cubic foot (or liter) capacity of the clothes washer.''. (f) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2007.", "summary": "Renewable Energy Assistance Act of 2007 - Amends the Internal Revenue Code to: (1) eliminate the dollar limitation on the tax credit for residential energy efficiency property expenditures and extend such credit through 2016; (2) extend through 2016 the energy tax credit for solar energy and qualified fuel cell property; (3) allow public electric utility property to qualify for the energy tax credit; (4) extend through 2015 the tax credit for nonbusiness energy property; and (5) modify energy efficient appliance tax credit amounts for appliances (e.g., dishwashers, clothes washers, refrigerators, and dehumidifiers) produced after 2007."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Counsel Accountability and Reform Act of 1996''. SEC. 2. BASIS FOR INVESTIGATION. (a) Preliminary Investigation.--Section 591 of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``information'' and inserting ``specific information from a credible source that is''; and (B) by striking ``may have'' and inserting ``has''; and (2) in subsection (c)(1)-- (A) by striking ``information'' and inserting ``specific information from a credible source that is''; and (B) by striking ``may have'' and inserting ``has''. (b) Further Investigation.--Section 592(c)(2) of title 28, United States Code, is amended by striking ``information'' and inserting ``specific information from a credible source that is''. SEC. 3. SUBPOENA POWER. Section 592(a)(2) of title 28, United States Code, is amended by striking ``grant immunity, or issue subpoenas'' and inserting ``or grant immunity, but may issue subpoenas duces tecum''. SEC. 4. AUTHORITY OF ATTORNEY GENERAL. Section 592(a)(2) of title 28, United States Code, is amended by striking subparagraph (B), by striking ``(A)'', and by running the text of subparagraph (A) into the paragraph heading. SEC. 5. PROSECUTORIAL JURISDICTION OF INDEPENDENT COUNSEL. (a) Prosecutorial Jurisdiction.--Section 593(b) of title 28, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``define'' and inserting ``, with specificity, define''; and (B) by adding at the end the following: ``Such jurisdiction shall be limited to the alleged violations of criminal law with respect to which the Attorney General has requested the appointment of the independent counsel and matters directly related to such criminal violations.''; and (2) by amending paragraph (3) to read as follows: ``(3) Scope of prosecutorial jurisdiction.--In defining the independent counsel's prosecutorial jurisdiction, the division of the court shall assure that the independent counsel has adequate authority to fully investigate and prosecute the alleged violations of criminal law with respect to which the Attorney General has requested the appointment of the independent counsel and matters directly related to such criminal violations, including perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.''. (b) Conforming Amendment.--Section 592(d) of title 28, United States Code, is amended by striking ``subject matter and all matters related to that subject matter'' and inserting ``the alleged violations of criminal law with respect to which the application is made and matters directly related to such criminal violations''. SEC. 6. ATTORNEYS' FEES. Section 593(f) of title 28, United States Code, is amended-- (1) in the first sentence of paragraph (1)-- (A) by striking ``the court may'' and inserting ``the court shall''; (B) by inserting after ``pursuant to that investigation,'' the following: ``if such individual is acquitted of all charges, or no conviction is obtained against such individual, at a trial brought pursuant to that investigation, or if the conviction of such individual at such a trial is overturned on appeal,''; and (C) by inserting ``, trial, and appeal (if any)'' after ``during that investigation''; and (2) by striking paragraph (2) and striking ``(1) Award of fees.--'' and running the matter in paragraph (1) into the subsection heading. SEC. 7. ADMINISTRATIVE SUPPORT. (a) Administrator of General Services.--Section 594(l)(2) of title 28, United States Code, is amended-- (1) by striking ``Director of the Administrative Office of the United States Courts'' and inserting ``Administrator of General Services''; and (2) by striking ``Administrative Office of the United States Courts'' and inserting ``General Services Administration''. (b) Office Space.--Section 594(l)(3) of title 28, United States Code, is amended to read as follows: ``(3) Office space.--The Administrator of General Services shall promptly provide appropriate office space for each independent counsel. Such office space shall be within a Federal building unless the Administrator of General Services determines that other arrangements would cost less.''. SEC. 8. AUTHORITIES AND DUTIES OF INDEPENDENT COUNSEL. (a) Compliance With Policies of the Department of Justice.--Section 594(f) of title 28, United States Code, is amended by striking ``enforcement of the criminal laws'' and inserting ``the enforcement of criminal laws and the release of information relating to criminal proceedings''. (b) Limitation on Expenditures.--Section 594 of title 28, United States Code is amended by adding at the end the following: ``(m) Limitation on Expenditures.--No funds may be expended for the operation of any office of independent counsel after the end of the 2- year period after its establishment, except to the extent that an appropriations Act enacted after such establishment specifically makes available funds for such office for use after the end of that 2-year period.''. SEC. 9. TREATMENT OF CLASSIFIED INFORMATION. Section 594(a) of title 28, United States Code, is amended by adding at the end the following: ``An independent counsel appointed under this chapter who gains access to classified information shall follow all procedures established by the United States Government regarding the maintenance, use, and disclosure of such information. The failure to follow such procedures shall be grounds for removal for good cause under section 596(a)(1), in addition to any penalty provided in section 798 of title 18 or any other law that may apply.''. SEC. 10. OUTSIDE LEGAL WORK. Section 594(j)(1) of title 28, United States Code, is amended by inserting before the period the following: ``and any such independent counsel may not during such period engage in any legal work which is additional to the legal work the counsel is engaged in as such a counsel''. SEC. 11. ELIMINATION OF REPORTS. (a) Section 594.--Section 594(h) of title 28, United States Code, is amended-- (1) by striking subparagraph (B) of paragraph (1), by striking the dash, and by striking ``(A)'' and running the text of subparagraph (A) after ``shall''; (2) by striking everything after the first sentence in paragraph (2); and (3) by striking paragraph (3). (b) Section 595.--Section 595(a) of title 28, United States Code, is amended-- (1) by striking paragraph (2); and (2) by striking the heading for paragraph (1) and running the text of such paragraph into the heading for subsection (a). (c) Section 596.--Section 596(b) of title 28, United States Code, is amended-- (1) in paragraph (1), by striking subparagraph (B) of paragraph (1), by striking the dash, and by striking ``(A)'' and running the text of subparagraph (A) after ``when''; and (2) in paragraph (2), by striking the second sentence. SEC. 12. REMOVAL, TERMINATION, AND PERIODIC REAPPOINTMENT OF INDEPENDENT COUNSEL. (a) Grounds for Removal.--Section 596(a)(1) of title 28, United States Code, is amended by adding at the end the following: ``Failure of the independent counsel to comply with-- ``(A) the established policies of the Department of Justice as required by section 594(f), and ``(C) section 594(j), may be grounds for removing that independent counsel from office for good cause under this subsection.''. (b) Termination.--Section 596(b)(2) of title 28, United States Code, is amended to read as follows: ``(2) Termination by division of the court.--The division of the court may terminate an office of independent counsel at any time-- ``(A) on its own motion, or ``(B) upon the request of the Attorney General, on the ground that the investigation conducted by the independent counsel has been completed or substantially completed and that it would be appropriate for the Department of Justice to complete such investigation or to conduct any prosecution brought pursuant to such investigation, or on the ground that continuation of the investigation or prosecution conducted by the independent counsel is not in the public interest.''. (c) Quarterly Expenditures.-- (1) Amendment.--Section 596(c) of title 28, United States Code, is amended by adding at the end the following: ``(3) On or before the end of March 31, June 30, September 30, and December 31 of each year, an independent counsel shall report to the committees listed in paragraph (2)(B) the aggregate amount expended in the previous quarter. The requirement to report such amount shall not be construed to require a disclosure of the investigation for which such amount was expended.''. (2) Effective date.--The amendment made by paragraph (1), shall take effect at the end of the 1st quarter beginning after the date of the enactment of this Act. (d) Periodic Reappointment.--Section 596 of title 28, United States Code, is amended by adding at the end the following: ``(d) Periodic Reappointment of Independent Counsel.--If an office of independent counsel has not terminated before-- ``(1) the date that is 2 years after the original appointment to that office, or ``(2) the end of each succeeding 2-year period, such counsel shall apply to the division of the court for reappointment. The court shall first determine whether the office of that independent counsel should be terminated under subsection (b)(2). If the court determines that such office will not be terminated under such subsection, the court shall reappoint the applicant if the court determines that such applicant remains the appropriate person to carry out the duties of the office. If not, the court shall appoint some other person whom it considers qualified under the standards set forth in section 593 of this title. If the court has not taken the actions required by this subsection within 90 days after the end of the applicable 2-year period, then that office of independent counsel shall terminate at the end of that 90-day period.''. SEC. 13. TRAVEL EXPENSE REIMBURSEMENTS. (a) In General.--Section 594(b)(3)(A) of title 28, United States Code, is amended in the second sentence by-- (1) striking ``by 6 months'' and inserting ``for successive 6-month periods''; and (2) inserting ``on each occasion'' after ``certifies''. (b) Effective Date.--The amendments made by this section shall apply to independent counsels and their appointees effective on or after December 31, 1995. SEC. 14. EFFECTIVE DATE. Except as provided in section 13, the amendments made by this Act shall not apply with respect to any investigation which is pending before the independent counsel on the date of enactment of this Act.", "summary": "Independent Counsel Accountability and Reform Act of 1996 - Amends the Federal judicial code to require specific information from a credible source sufficient to constitute grounds to investigate whether a person covered by the independent counsel statute (the Act) has violated specified criminal laws. Authorizes the Attorney General (AG) to issue subpoenas duces tecum in conducting preliminary investigations. Repeals provisions authorizing the AG to make certain determinations during such preliminary investigations. Requires the division of the court that appoints an independent counsel (IC) to: (1) define with specificity the IC's prosecutorial jurisdiction; and (2) assure that the IC has adequate authority to fully investigate and prosecute the alleged violations of criminal law with respect to which the AG has requested the appointment as well as matters directly related to such criminal violations. Requires such court division to award attorney's fees when an individual is acquitted of all charges or no conviction is obtained against such individual, or when a conviction at a trial is overturned on appeal. Requires the Administrator of General Services (currently, the Director of the Administrative Office of the United States Courts) to provide appropriate administrative support to ICs under the Act, including the provision of adequate office space. Requires an IC to: (1) comply with Department of Justice policies concerning the release of information relating to criminal proceedings; (2) limit office expenditures to a two-year period, unless an appropriations Act specifically makes funds available for such expenditures after the end of such period; (3) follow U.S. Government procedures regarding the treatment of classified information; and (4) refrain from engaging in outside legal work during the period of appointment as an IC. Eliminates certain IC reporting requirements. Revises provisions concerning the removal, termination, and periodic reappointment of an IC. Requires quarterly reports to specified congressional committees on aggregate amounts expended by an IC in the previous quarter. Provides travel expense reimbursements for successive six-month periods during the period of appointment as an IC."}
{"article": "SECTION 1. FINDINGS. The Congress finds the following: (1) As a Member of Congress from the Tenth Congressional District of Texas, as Majority Leader of the U.S. Senate, Vice- President and President of the United States, Lyndon Baines Johnson's accomplishments in the fields of civil rights, education, and economic opportunity rank among the greatest achievements of the past half century. (2) As President, Lyndon Johnson proposed, championed, led to passage, and signed into law on August 6, 1965, the Voting Rights Act of 1965, which swept away barriers impeding millions of Americans from meaningful participation in American political life. (3) On July 30, 1965, President Johnson signed into law the Social Security Amendments Act of 1965, popularly known as Medicare, which has transformed the delivery of health care in the United States and which, along with Social Security, reduced the rate of poverty among the elderly from 28.5 percent in 1966 to 9.1 percent in 2012. (4) On July 2, 1964, President Johnson secured passage and signed into law the most sweeping civil rights legislation since Reconstruction, the Civil Rights Act of 1964, which prohibits discrimination in employment, education, and public accommodations based on race, color, religion, or national origin. (5) On November 8, 1965, President Johnson signed into law the Higher Education Act, which provided need-based financial aid to students in the form of scholarships, work-study grants, and loans, and thus made higher education more accessible to populations of persons who were previously unable to attend college because of economic circumstances. (6) On October 3, 1965, President Johnson signed into law the Immigration and Naturalization Act of 1965, which transformed the Nation's immigration system by abolishing the racially based quota system that had defined American immigration policy for four decades and replaced it with a policy whose central purpose was family reunification, with a preference for immigrants with specific skill sets. (7) According to Robert A. Caro, the preeminent biographer of Lyndon Baines Johnson, with the single exception of Lincoln, President Johnson was the greatest champion of the poor and underprivileged in the history of the Republic and was the President ``who wrote mercy and justice into the statute books by which America was governed''. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous award, on behalf of Congress, of a gold medal of appropriate design to Lyndon Baines Johnson in recognition of his contributions to the Nation, including passage of the landmark Voting Rights Act of 1965, the Social Security Amendments Act (Medicare) of 1965, the Civil Rights Act of 1964, the Higher Education Act of 1965, and the Immigration and Naturalization Act of 1965. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Lyndon Baines Johnson Library and Museum.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Lyndon Baines Johnson Library and Museum, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of the Congress that the Lyndon Baines Johnson Library and Museum should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with Lyndon Baines Johnson. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "summary": "This bill directs the Speaker of the House and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Lyndon Baines Johnson in recognition of his contributions to the nation, including passage of the Voting Rights Act of 1965, the Social Security Amendments Act (Medicare) of 1965, the Civil Rights Act of 1964, the Higher Education Act of 1965, and the Immigration and Naturalization Act of 1965. Requires such medal to be given to the Lyndon Baines Johnson Library and Museum following its award, where it will be available for display and research."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Problem Gambling Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Problem gambling is a public health disorder characterized by increasing preoccupation with gambling, loss of control, restlessness or irritability when attempting to stop gambling, and continuation of the gambling behavior in spite of mounting, serious, negative consequences. (2) Over 6,000,000 adults met criteria for a gambling problem last year. (3) The estimated social cost to families and communities from bankruptcy, divorce, job loss, and criminal justice costs associated with problem gambling was $6,700,000,000 last year. (4) Problem gambling is associated with higher incidences of bankruptcy, domestic abuse, and suicide. (5) People who engage in problem gambling have high rates of co-occurring substance abuse and mental health disorders. (6) In response to current budget shortfalls, many States are considering enacting or have enacted legislation to expand legal gambling activities with the intent of raising State revenues. (7) The Substance Abuse and Mental Health Services Administration is the lead Federal agency for substance abuse and mental health services. (8) There are no agencies or individuals in the Federal Government with formal responsibility for problem gambling. SEC. 3. INCLUSION OF AUTHORITY TO TREAT GAMBLING IN SAMHSA AUTHORITIES. Section 501(d) of the Public Health Service Act (42 U.S.C. 290aa(d)) is amended-- (1) by striking ``and'' at the end of paragraph (17); (2) by striking the period at the end of paragraph (18) and inserting ``; and''; and (3) by adding at the end the following: ``(19) establish and implement programs for the prevention, treatment, and research of pathological and other problem gambling.''. SEC. 4. PROGRAMS TO RESEARCH, PREVENT, AND ADDRESS PROBLEM GAMBLING. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended-- (1) by redesignating part G (42 U.S.C. 290kk et seq.), relating to services provided through religious organizations and added by section 144 of the Community Renewal Tax Relief Act of 2000 (114 Stat. 2763A-619), as enacted into law by section 1(a)(7) of Public Law 106-554, as part J; (2) by redesignating sections 581 through 584 of that part J as sections 596 through 596C, respectively; and (3) by adding at the end the following: ``PART K--PROGRAMS TO RESEARCH, PREVENT, AND ADDRESS PROBLEM GAMBLING ``SEC. 597. PUBLIC AWARENESS. ``(a) In General.--The Secretary, acting through the Administrator, shall carry out a national campaign to increase knowledge and raise awareness within the general public with respect to problem gambling issues. In carrying out the campaign, the Secretary shall carry out activities that include augmenting and supporting existing (as of the date of the support) national campaigns and producing and placing public service announcements. ``(b) Voluntary Donations.--In carrying out subsection (a), the Secretary may-- ``(1) coordinate the voluntary donation of, and administer, resources to assist in the implementation of new programs and the augmentation and support of existing national campaigns to provide national strategies for dissemination of information, intended to treat problem gambling, from-- ``(A) television, radio, motion pictures, cable communications, and the print media; ``(B) the advertising industry; ``(C) the business sector of the United States; and ``(D) professional sports organizations and associations; and ``(2) encourage media outlets throughout the country to provide information, aimed at preventing problem gambling, including public service announcements, documentary films, and advertisements. ``(c) Focus.--In carrying out subsection (a), the Secretary shall target radio and television audiences of events including sporting and gambling events. ``(d) Evaluation.--In carrying out subsection (a), the Secretary shall evaluate the effectiveness of activities under this section. The Secretary shall submit a report to the President and Congress containing the results of the evaluation. ``SEC. 597A. RESEARCH. ``(a) In General.--The Secretary, acting through the Administrator, shall establish and implement a national program of research on problem gambling. ``(b) National Gambling Impact Study Commission Report.--In carrying out this section, the Secretary shall consider the recommendations that appear in chapter 8 of the June 18, 1999, report of the National Gambling Impact Study Commission. ``SEC. 597B. TREATMENT. ``The Secretary shall develop a treatment improvement protocol specific to problem gambling. ``SEC. 597C. PREVENTION. ``The Secretary, acting through the Administrator, shall integrate problem gambling into existing alcohol, tobacco and other drug prevention programs, where practical.''.", "summary": "Comprehensive Problem Gambling Act of 2011 - Amends the Public Health Service Act to require the Administrator of the Substance Abuse and Mental Health Services Administration to: (1) establish and implement programs for the prevention, treatment, and research of pathological and other problem gambling; (2) carry out a national campaign to increase knowledge and raise awareness of problem gambling; and (3) establish and implement a national program of research on problem gambling. Authorizes the Administrator, in carrying out the national campaign, to: (1) administer and coordinate the voluntary donation of resources to assist in implementing new programs and augmenting and supporting existing national campaigns, and (2) encourage media outlets to provide information aimed at preventing problem gambling. Requires the Administrator to target radio and television audiences of events including sporting and gambling events. Directs: (1) the Secretary of Health and Human Services (HHS) to develop a treatment improvement protocol for problem gambling; and (2) the Administrator to integrate problem gambling into existing alcohol, tobacco, and other drug prevention programs where practical."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Distributed Energy Grid Integration Act''. SEC. 2. FINDINGS. Congress finds that-- (1) research by the Secretary of Energy and the Administrator of the Environmental Protection Agency has found that clean distributed energy technologies can create important values for both the host facility and the electric grid operator; (2) the values described in paragraph (1) can include, for the host facility-- (A) energy bill savings; (B) additional revenue from offering ancillary services to the electric grid operator; (C) increased electric reliability in the event of grid outages; and (D) improved electric power quality; (3) the values described in paragraph (1) can include, for the electric grid operator-- (A) avoiding the need for transmission and distribution upgrade investments; (B) enhanced grid stability by providing reactive power; (C) voltage and frequency stabilization; and (D) more reliable and stable operation of the grid by providing dispatchable energy to the grid during periods of insufficient capacity or supply; and (4) new advances in intelligent sensing and simulation and control technologies offer the potential to enhance the benefits of clean distributed generation to both the host facility and the electric grid operator from dynamic, adaptive, and anticipatory response to changing grid conditions. SEC. 3. DEFINITIONS. In this Act: (1) Ancillary service.--The term ``ancillary service'' means those services necessary to support the transmission of electric power from seller to purchaser given the obligations of control areas and transmitting utilities within those control areas to maintain reliable operations of the interconnected transmission system. (2) Clean distributed energy.--The term ``clean distributed energy'' means energy technologies that are located on the customer site operating on the customer side of the electric meter and are interconnected with the electric grid. (3) Combined heat and power technology.--The term ``combined heat and power technology'' means the generation of electric energy and heat in a single, integrated system that meets the efficiency criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of the Internal Revenue Code of 1986, under which heat that is conventionally rejected is recovered and used to meet thermal energy requirements. (4) Energy storage.--The term ``energy storage'' means technologies that store electric energy and are able to discharge on demand to meet customer or grid needs for electric energy. (5) Fuel cell.--The term ``fuel cell'' means a device that produces electric energy directly from a chemical reaction. (6) Grid.--The term ``grid'' means the electric grid that is composed on both distribution and transmission lines, and associated facilities, including substations, sensors, and operational controls. (7) Intelligence.--The term ``intelligence'' means any devices or technologies that manifest adaptive, anticipatory, and dynamic optimization behavior. (8) Qualified waste heat resource.-- (A) In general.--The term ``qualified waste heat resource'' means-- (i) exhaust heat or flared gas from any industrial process; (ii) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; (iii) a pressure drop in any gas for an industrial or commercial process; or (iv) any other form of waste heat resource, as determined by the Secretary. (B) Exclusion.--The term ``qualified waste heat resource'' does not include a heat resource from a process the primary purpose of which is the generation of electricity using a fossil fuel. (9) Secretary.--The term ``Secretary'' means the Secretary of Energy. (10) Waste heat to power technology.--The term ``waste heat to power technology'' means a system that generates electricity through the recovery of a qualified waste heat resource. SEC. 4. RESEARCH AND DEPLOYMENT PLAN FOR ENHANCED INTEGRATION OF CLEAN DISTRIBUTED ENERGY WITH THE GRID. (a) In General.--The Secretary shall carry out efforts for advancing the integration of clean distributed energy into electric grids. (b) Study and Report on the Status of Grid Integration.-- (1) In general.--In carrying out the efforts under subsection (a) and not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study on the status of integration of clean distributed energy into the grid, identifying any issues that require additional research or regulatory development. (2) Inclusions.--In conducting the study under paragraph (1), the Secretary shall-- (A) identify and quantify the benefits to all stakeholders of expanded integration of clean distributed energy resources into the grid; (B) identify any technical issues that require research to identify solutions; and (C) identify any regulatory barriers that inhibit the expanded integration of clean distributed energy resources into the grid. (3) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under paragraph (1). (4) Funding.--The Secretary shall use unobligated funds of the Department of Energy to carry out this subsection. (c) Research Into the Technical Barriers to the Integration of Clean Distributed Energy With the Grid.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall-- (A) issue a solicitation for research proposals to address the technical barriers identified in the report submitted under subsection (b)(3); and (B) make grants to those applicants with research proposals selected by the Secretary in accordance with paragraph (2). (2) Criteria.--The Secretary shall select research proposals to receive a grant under this subsection on the basis of merit, using criteria identified by the Secretary, including the likelihood that the research results will address critical barriers identified by the Secretary. (3) Funding.--Beginning in the first full fiscal year following the date of enactment of this Act, and annually thereafter for 2 years, the Secretary may request funding as necessary to carry out this subsection, but in no case shall funding exceed $5,000,000 in any 1 fiscal year. (d) Creation of a Stakeholder Working Group.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall convene a working group (referred to in this subsection as the ``Group'') to address regulatory barriers to deployment of intelligent grid integration of clean distributed energy technologies. (2) Purpose.--The purpose of the Group is to provide guidance on how to address the technical, regulatory and economic factors that limit widespread integration of grid- level clean distributed energy use in order to advance the integration of clean distributed energy into electric grids. (3) Membership.-- (A) In general.--The Group shall be composed of representatives of all groups determined by the Secretary to have a material interest in the development, implementation, siting, and integration of clean distributed energy technology or systems into the electric grid. (B) Criteria.--Members shall be selected-- (i) from representatives that apply as a result of a public announcement from the Secretary; and (ii) by the Secretary based on qualifications and balance of interests represented by the selected individuals. (4) Duties.--The duties of the Group shall be-- (A) to review the regulatory barriers identified in the report prepared by the Secretary under subsection (b)(3); (B) to identify any additional regulatory barriers that inhibit the installation of distributed energy; and (C) to recommend to the Secretary any actions that should be undertaken to remove these barriers. (5) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report based on the recommendations of the Group under paragraph (4)(C), to be made publicly available. (6) Funding.--The Secretary may request funding as necessary to carry out this subsection, but in no case shall funding exceed $2,000,000 in any 1 fiscal year. (e) Demonstrations of Intelligent Grid Integration of Clean Distributed Energy Systems.-- (1) In general.--Based on the findings in the reports conducted under this section and not later than 3 years after the date of enactment of this Act, the Secretary shall issue a solicitation for demonstration of integration of distributed energy resources into the grid. (2) Eligible entities.--Any individual entity or group of entities may submit to the Secretary proposals for demonstration projects based on the solicitation described in paragraph (1), including-- (A) State and local agencies; (B) public institutions; (C) private companies; (D) electric utilities; and (E) equipment manufacturers. (3) Grants authorized.--The Secretary may make grants, in amounts not to exceed a total of $5,000,000, to eligible entities to carry out demonstration projects, to be selected based on-- (A) the technical merits of the demonstration project; (B) the likelihood that the demonstration project will address critical barriers identified by the Secretary under this section; and (C) the share of non-Federal funds for the demonstration project. (4) Funding.--Beginning in the third full fiscal year following the date of enactment of this Act, and annually thereafter for 3 years, the Secretary may request funding as necessary to carry out this subsection, but in no case shall funding exceed $15,000,000 in any 1 fiscal year. (f) Report.--The Secretary annually shall submit to Congress a report that-- (1) describes the progress made in carrying out this section; and (2) identifies any technical or regulatory issues that require legislative action.", "summary": "Clean Distributed Energy Grid Integration Act This bill directs the Department of Energy (DOE) to: (1) study the status of integration of clean distributed energy into electric grids, (2) identify issues requiring additional research or regulatory development, and (3) make grants for research proposals that address technical barriers identified in the study. "Clean distributed energy" means energy technologies that are located on the customer site operating on the customer side of the electric meter and are interconnected with the electric grid. DOE shall convene a stakeholder working group to: address regulatory barriers to deployment of intelligent grid integration of clean distributed energy technologies; and provide guidance on how to address the technical, regulatory, and economic factors that limit widespread integration of grid-level clean distributed energy use in order to advance the integration of such energy into electric grids. DOE may make grants to implement integration demonstration projects, based on study findings, to state and local agencies, public institutions, private companies, electric utilities, and equipment manufacturers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pima County Land Adjustment Act''. SEC. 2. LAND EXCHANGE, IRONWOOD-MOORE, EMPIRITA-SIMONSON, AND SAHUARITA PROPERTIES, ARIZONA. (a) Exchange Authorized.--If Las Cienegas Conservation, LLC, conveys to the Secretary of the Interior all right, title, and interest of Las Cienegas Conservation, LLC, in and to the Ironwood-Moore property and the Empirita-Simonson property, the Secretary shall convey to Las Cienegas Conservation, LLC, all right, title, and interest of the United States in and to the Sahuarita property. (b) Boundary Adjustment.--Upon receipt of the Empirita-Simonson property, the Secretary shall modify the boundaries of the Las Cienegas National Conservation Area to include the Empirita-Simonson property. (c) Time for Exchange.--Except as otherwise provided by this Act, the land exchange authorized under this section shall be completed prior to the expiration of the 90-day period beginning on the later of the following dates: (1) The date on which the title standards described in section 4(a) are met with regard to the properties to be conveyed to the United States. (2) The date on which the appraisals described in section 4(c)(1) for the properties are approved by both the Secretary and Las Cienegas Conservation, LLC, or in the case of a dispute concerning an appraisal or appraisal issue arising under that section, the date the dispute is resolved under that section. (d) Cash Equalization Payment.-- (1) In general.--If the values of lands to be exchanged under this section are not equal, they shall be equalized by the payment of cash to the Secretary or Las Cienegas Conservation, LLC, as the circumstances dictate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Disposition and use of funds.--Notwithstanding any other provision of law, any cash equalization payment received by the Secretary under this section shall be deposited into a separate account in the Treasury, which shall be available to the Secretary, without further appropriation and until expended, solely for the purpose of-- (A) the acquisition of land or interests in land within or adjacent to national conservation lands in southern Arizona; and (B) resource management by the Bureau of Land Management in Pima County, Arizona. (e) Water Rights.-- (1) Lands owned by pima county.--The exchange under this section may not take place unless Neal Simonson and Pima County, Arizona, enter into an agreement under which Neal Simonson relinquishes to Pima County any right to withdraw water from lands owned by Pima County in section 17, township 17 south, range 18 east, Gila and Salt River Baseline and Meridian. (2) Empirita-simonson property.--The exchange under this section may not take place unless Neal Simonson and the Secretary enter into an agreement under which Neal Simonson limits his reserved withdrawal right on the Empirita-Simonson property to maximum of 550 acre feet per year. (f) Road Access Prohibited.--The Secretary may not construct or authorize the construction of any temporary or permanent road in any portion of the Empirita-Simonson property acquired under this section if the road would provide access to or from any property which is not within the Las Cienegas National Conservation Area. (g) Environmental Review.--As a condition of the exchange, Las Cienegas Conservation, LLC, shall reimburse the Secretary for the direct costs of all environmental reviews of the lands to be exchanged under this section that are required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (h) Endangered Species Act Review.--The Secretary shall review the conveyance of the Sahuarita property under this section in accordance with section 7(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(1)). SEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC HILL PROPERTY. (a) Acquisition of Tumamoc Hill Property.-- (1) In general.--Notwithstanding any other provision of law, upon the expiration of the 30-day period beginning on the date of the enactment of this Act, all right, title, and interest to, and the right to immediate possession of, the Tumamoc Hill property is hereby vested in the United States. The Tumamoc Hill property shall remain subject to existing easements of record. (2) Compensation.--As consideration for the Tumamoc Hill property acquired under paragraph (1), the State of Arizona, State Land Department, shall receive an amount equal to the agreed negotiated value of the Tumamoc Hill property, determined as of the date of the acquisition, or the just compensation determined by judgment. (3) Determination of value by court.--In the absence of agreement as to the amount of just compensation, the State of Arizona or the Secretary may initiate a proceeding in the United States District Court for the District of Arizona seeking a determination of just compensation for the acquisition of the Tumamoc Hill property. (b) Conveyance Authorized.-- (1) In general.--When Pima County, Arizona, pays to the State of Arizona, State Land Department, the amount of compensation determined under subsection (a), the Secretary shall convey to Pima County all right, title, and interest of the United States in and to the Tumamoc Hill property. (2) Time for conveyance.--The conveyance authorized under paragraph (1) shall be completed prior to the expiration of the 60-day period which begins on the date Pima County pays to the State of Arizona, State Land Department, the amount described in paragraph (1). SEC. 4. ADMINISTRATION OF LAND EXCHANGES. (a) Title Standards.--The Secretary shall require that title to the lands to be exchanged under this Act conform with the title standards of the Attorney General of the United States. (b) Corrections to Legal Descriptions.--By mutual agreement, the Secretary and the party involved may adjust the legal descriptions contained in this Act to correct errors or to make minor adjustments in the boundaries of the lands to be exchanged. (c) Appraisals.-- (1) In general.--The values of the lands to be exchanged under this Act shall be determined by the Secretary through an appraisal performed by a qualified appraiser mutually agreed to by the Secretary and the party involved and performed in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (United States Department of Justice, December 2000), the Uniform Standards of Professional Appraisal Practice, and section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)). (2) Deadline for appraisals.--All appraisals under this Act shall be completed and submitted to the Secretary and the party involved for approval before the expiration of the 180-day period beginning on the date of the enactment of this Act. (d) Deadline for Environmental Reviews.--Before the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary shall complete all environmental reviews of lands to be exchanged under this Act that are required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 5. DEFINITIONS. In this Act: (1) The term ``Empirita-Simonson property'' means the parcel of land consisting of approximately 2,490 acres in sections 14, 22, 23, 24, 25, 26, and 36, township 17 south, range 18 east, Gila and Salt River Base and Meridian. (2) The term ``Ironwood-Moore property'' means the parcel of land consisting of approximately 600 acres in section 32, township 11 south, range 9 east, Gila and Salt River Base and Meridian. (3) The term ``Sahuarita property'' means the parcel of land consisting of approximately 1,280 acres in sections 5, 7, and 8, township 17 south, range 15 east, Gila and Salt River Base and Meridian. (4) The term ``Secretary'' means the Secretary of the Interior. (5) The term ``Tumamoc Hill property'' means the parcel of land owned by the State of Arizona consisting of approximately 290 acres in sections 9, 10, 15, and 16 township 14 south, range 13 east, Gila and Salt River Base and Meridian, excluding approximately 30 acres of landfill as shown on the map on file in the records of Pima County, Arizona.", "summary": "Pima County Land Adjustment Act - Requires the Secretary of the Interior to convey to Las Cienegas Conservation, LLC, the Sahuarita property, which consists of approximately 1,280 acres, in exchange for both the Ironwood-Moore property, which consists of approximately 600 acres, and the Empirita-Simonson property, which consists of approximately 2,490 acres. Requires the Secretary to modify the boundaries of the Las Cienegas National Conservation to include the Empirita-Simonson property. Requires the Secretary to convey the Tumamoc Hill property, which consists of approximately 290 acres, to Pima County, Arizona upon the County paying the value of such property to the State of Arizona and the State Land Department."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Security Technology Innovation Reform Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Transportation Security Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Administration. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (4) Department.--The term ``Department'' means the Department of Homeland Security. SEC. 3. TRANSPORTATION SYSTEMS INTEGRATION FACILITY. (a) In General.--There is established in the Administration a Transportation Security Administration Systems Integration Facility (TSIF) for the purposes of testing and evaluating advanced transportation security screening technologies related to the mission of the Administration. The TSIF shall-- (1) evaluate such technologies to enhance the security of transportation systems through screening and threat mitigation and detection; (2) conduct testing of such technologies to support identified mission needs of the Administration and to meet requirements for acquisitions and procurement; (3) to the extent practicable, provide original equipment manufacturers with test plans to minimize requirement interpretation disputes and adhere to provided test plans; (4) collaborate with other technical laboratories and facilities for purposes of augmenting TSIF's capabilities; (5) deliver advanced transportation security screening technologies that enhance the overall security of domestic transportation systems; and (6) to the extent practicable, provide funding and promote efforts to enable participation by a small business concern (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632)) that has an advanced technology or capability but does not have adequate resources to participate in testing and evaluation processes. (b) Staffing and Resource Allocation.--The Administrator shall ensure adequate staffing and resource allocations for the TSIF in a manner which-- (1) prevents unnecessary delays in testing and evaluating advanced transportation security screening technologies for acquisitions and procurement determinations; (2) ensures the issuance of final paperwork certification does not exceed 45 days after the conclusion of such testing and evaluation; and (3) collaborates with technology stakeholders to close capabilities gaps in transportation security. (c) Timeframe.-- (1) In general.--The Administrator shall notify the appropriate congressional committees whenever testing and evaluation by TSIF of an advanced transportation security screening technology under this section exceeds 180 days as determined from the date on which the owner of such technology turned over such technology to the Administration after installation for testing and evaluation purposes, as evidenced by a signed Test Readiness Notification from such owner to the Administration. Such notification shall include-- (A) information relating to the arrival date of such technology; (B) reasons why the testing and evaluation process has exceeded 180 days; and (C) an estimated time for completion of such testing and evaluation. (2) Retesting and evaluation.--Advanced transportation security screening technology that fails testing and evaluation by the TSIF may be retested and evaluated. (d) Relationship to Other Department Entities and Federal Agencies.--The authority of the Administrator under this title shall not affect the authorities or responsibilities of any officer of the Department or of any officer of any other department or agency of the United States with respect to research, development, testing, and evaluation, including the authorities and responsibilities of the Undersecretary for Science and Technology of the Department and the Countering Weapons of Mass Destruction Office of the Department. SEC. 4. REVIEW OF TECHNOLOGY ACQUISITIONS PROCESS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall, in coordination with relevant officials of the Department, conduct a review of existing advanced transportation security screening technology development, acquisitions, and procurement practices within the Administration. Such review shall include-- (1) identifying process delays and bottlenecks within the Department and the Administration regarding how such technology is identified, developed, acquired, and deployed; (2) assessing whether the Administration can better leverage existing resources or processes of the Department for the purposes of technology innovation and development; (3) assessing whether the Administration can further encourage innovation and competition among technology stakeholders, including through increased participation of and funding for small business concerns (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632)); (4) identifying best practices of other Department components or United States Government entities; and (5) a plan to address problems and challenges identified by such review. (b) Briefing.--The Administrator shall provide to the appropriate congressional committees a briefing on the findings of the review required under this section and a plan to address problems and challenges identified by such review. SEC. 5. ADMINISTRATION ACQUISITIONS AND PROCUREMENT ENHANCEMENT. (a) In General.--The Administrator shall-- (1) engage in outreach, coordination, and collaboration with transportation stakeholders to identify and foster innovation of new advanced transportation security screening technologies; (2) streamline the overall technology development, testing, evaluation, acquisitions, procurement, and deployment processes of the Administration; and (3) ensure the effectiveness and efficiency of such processes. SEC. 6. ASSESSMENT. The Secretary of Homeland Security, in consultation with the Chief Privacy Officer of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a compliance assessment of the Transportation Security Administration's acquisition process relating to the health and safety risks associated with implementation of screening technologies. Passed the House of Representatives June 25, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Transportation Security Technology Innovation Reform Act of 2018 (Sec. 3) This bill establishes in the Transportation Security Administration (TSA) a Transportation Security Administration Systems Integration Facility (TSIF) for the purpose of testing and evaluating advanced transportation security screening technologies related to the mission of the TSA. The TSA shall notify Congress whenever testing and evaluation by the TSIF of an advanced transportation security screening technology exceeds 180 days. (Sec. 4) The TSA shall review existing advanced transportation security screening technology development, acquisitions, and procurement practices within the TSA. (Sec. 5) The TSA shall: (1) engage in outreach, coordination, and collaboration with transportation stakeholders to identify and foster innovation of new advanced transportation security screening technologies; (2) streamline the overall technology development, testing, evaluation, acquisitions, procurement, and deployment processes of the TSA; and (3) ensure the effectiveness and efficiency of such processes. (Sec. 6) The Department of Homeland Security shall submit to the congressional homeland security committees a compliance assessment of TSA's acquisition process relating to the health and safety risks associated with implementation of screening technologies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense of Freedom Education Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) In order to preserve and defend freedom and civilization, especially in these challenging times, future generations of Americans must be taught to understand their full significance and value, and the threats with which they are faced. (2) Basic knowledge of United States and Western history is essential to full and informed participation in civic life and to the larger vibrancy of the American experiment in self- government, binding together a diverse people into a single Nation with a common purpose. (3) American citizens who lack knowledge of the organizing principles of Western civilization will also lack a true understanding and appreciation of the democratic principles that define and sustain America as a free people, such as liberty, justice, tolerance, government by the consent of the governed, and equality under the law. (4) America's colleges and universities are bellwethers of national priorities and values, setting standards for the whole of the United States education system and sending signals to students, teachers, parents, and public schools about what every educated citizen in a democracy must know. (5) Most of the Nation's colleges and universities no longer require United States history or systematic study of Western civilization as a prerequisite to graduation. (6) Distinguished historians and intellectuals fear that without a common civic memory and a common understanding of the remarkable individuals, events, and ideals that have shaped the Nation, the people in the United States risk losing much of what it means to be an American, as well as the ability to fulfill the fundamental responsibilities of citizens in a democracy. (b) Purposes.--The purposes of this Act are as follows: (1) To establish and strengthen post-secondary education programs emphasizing the nature, history and philosophy of free institutions, the nature of Western civilization, and the nature of the threats to freedom from totalitarianism in all its forms. (2) To develop innovative teacher education programs designed to equip teachers to more effectively impart a knowledge of the nature of free institutions, the threats to free institutions, and the content of Western civilization to elementary, middle and high school teachers. SEC. 3. DEFINITIONS. For purposes of this Act: (1) American founding.--The term ``American founding'' means a field of study in an institution of higher education that-- (A) encompasses part or all of the period of American history between the years 1607 through 1865, with particular emphasis on the years 1763-1865; (B) focuses on the major events, issues and historical personages of this period; (C) examines the historical antecedents of the major events, issues and historical personages described in subparagraph (B); or (D) conforms with other criteria that the secretary may prescribe. (2) Defense of freedom.--The term ``defense of freedom'' means fields of study in an institution of higher education that-- (A) examines potent political threats to free institutions (as such term is defined in this Act), including communism, fascism, national socialism, and nihilism; or (B) examines human tendencies that threaten free institutions, including tribalism, racism, caste consciousness, and zealotry; or (C) examines world history in the period 1901 through 2001, with particular emphasis on the years 1914 to the present, in order to understand the challenges of maintaining a free society while resisting totalitarian movements of global ambition. (3) Eligible institution.-- (A) In general.--The term ``eligible institution'' means-- (i) institutions of higher education; (ii) specific programs within an institution of higher education; (iii) foundations associated with institutions of higher education or with specific programs within an institution of higher education; or (iv) other nonprofit organizations participating in, or supporting, the development of academic programs described in section 2. (B) Special rule.--Organizations described in subparagraph (A)(iv) may apply to award subgrants to eligible institutions at the discretion of, and subject to the oversight of, the Secretary. Grants to such organizations shall not be subject to the limitations of section 4(f). (4) Free institution.--The term ``free institution'', for the purposes of this Act, means institutions characteristic of Western Civilization, such as democracy, universalism, individual rights market economics, religious freedom and tolerance, and freedom of thought and inquiry. (5) Institution of higher education.--The term ``institution of higher education'' has the same meaning given that term under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (7) Western civilization.--The term ``western civilization'' means a field of study in an institution of higher education that-- (A) encompasses part or all of the period of European history between 500 B.C. and the present day; (B) encompasses part or all of the period of American history between 1607 and the present day; (C) focuses on major events, issues, and historical personages of the period described in subparagraphs (A) and (B); and (D) examines the historical antecedents of the major events, issues, and historical personages described in subparagraph (C); or (E) examines the development of free institutions characteristic of Western civilization, as such term is defined in this Act; (F) examines the intellectual, cultural, political and religious underpinnings of Western civilization, such as the scientific enterprise, entrepreneurship, political pluralism, egalitarianism, moral universalism, and the belief in the possibility of progress; (G) examines the characteristic negative features of Western civilization, such as totalitarianism and social Darwinism; (H) examines the interaction of the West with other civilizations, the Western debt to other civilizations, and the comparative study of high civilization; or (I) conforms with other criteria that the Secretary may prescribe. SEC. 4. GRANTS TO ELIGIBLE INSTITUTIONS. (a) In General.--From amounts appropriated to carry out this Act, the Secretary shall provide, on a competitive basis, grants to eligible institutions which shall be used for one or more of the following: (1) Research, planning, and coordination activities devoted to the ends of this Act. (2) Design and implementation of courses and the development of new, and supporting of existing, centers devoted to the ends of this Act. (3) Research and publication costs of relevant readers and other course materials devoted to the ends of this Act. (4) General expenses associated with carrying out this section. (5) Salaries and expenses of faculty teaching in undergraduate and graduate programs focused on the American founding, defense of freedom, and Western civilization. (6) Support of graduate and postgraduate fellowships for scholars in the fields related to the American founding, the defense of freedom, and Western civilization. (7) Development of teacher education programs that-- (A) stress content mastery in history or government; and (B) stress civic education preparation, including the history and philosophy of free institutions, and the study of Western civilization). (b) Selection Criteria.--In selecting eligible institutions for grants under this section for any fiscal year, the Secretary shall establish criteria by regulation. (c) Required Criteria.--In establishing criteria under subsection (b), the Secretary shall consider the following selection criteria in making grants: (1) Educational value, and relevance to one or more purpose described in section 2 of the proposed project. (2) Plan of operation. (3) Qualification of key personnel. (4) Budget and cost effectiveness. (5) Evaluation plan. (6) Adequacy of resources. (7) Identification of need for the project. (8) Potential institutional impact of the project. (9) Institutional commitment to the project. (d) Grant Application.--An eligible institution that desires to receive a grant under this Act shall submit to the Secretary an application therefor at such time or times, or in such manner, and containing such information as the Secretary may prescribe by regulation. Such application shall set forth-- (1) a program of activities for carrying out the purposes described in section 2 in such detail as will enable the Secretary to determine the degree to which such program will accomplish such purpose; and (2) such other policies, procedures, and assurances as the Secretary may require by regulation. (e) Grant Review.--The Secretary shall establish procedures for reviewing and evaluating grants and contracts made or entered into under such programs. (f) Grant Awards.--For the purposes of this Act, the Secretary shall award grants of not less than $400,000 and not more than $6,000,000 to eligible institutions. (g) Multiple Awards.--For the purposes of this Act, the Secretary may award more than one grant to an eligible institution. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) For the purpose of carrying out this Act, there are authorized to be appropriated-- (1) $140,000,000 for fiscal year 2003; and (2) such sums as may be necessary for each of the succeeding 5 fiscal years. SEC. 6. EFFECTIVE DATE. This Act shall take effect on September 1, 2002.", "summary": "Defense of Freedom Education Act - Directs the Secretary of Education to make competitive grants to eligible institutions of higher education, foundations, and other nonprofit institutions for various activities supporting academic programs focused on the American founding, defense of freedom, Western civilization, and free institutions (focused programs).Allows use of grants for: (1) research, planning, and coordination; (2) design and implementation of courses, and development and support of centers; (3) research and publication costs of course materials; (4) associated general expenses; (5) salaries and expenses of faculty teaching in undergraduate and graduate focused programs; (6) support of graduate and postgraduate fellowships for scholars in fields related to focused programs; and (7) development of teacher education programs that stress content mastery in history or government and civic education preparation, including the history and philosophy of free institutions and the study of Western civilization."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Readmissions Program Accuracy and Accountability Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Eliminating avoidable hospital readmissions should be a core tenet of public and private efforts to improve quality of care and reduce health care expenditures. (2) Measures adopted by the Centers for Medicare & Medicaid Services should accurately reflect the quality of care provided by specific hospitals and providers, and such measures should never lower outcome or quality expectations for certain cohorts of hospitals and providers. (3) There are numerous socioeconomic conditions that impact health outcomes and the Medicare hospital readmission reduction program is one of many Federal outcome performance programs that fails to accurately adjust for these influences. (4) Holding all other factors constant, socioeconomic conditions, such as poverty, low levels of literacy, limited English proficiency, minimal social support, poor living conditions, and limited community resources, likely have direct and significant impacts on avoidable hospital readmissions. (5) The Medicare hospital readmission reduction program includes risk adjustment for clinical variables, such as comorbidity and severity of illness, because hospitals should not be penalized for the effects of these uncontrollable factors. Socioeconomic factors can influence readmissions to an equal or greater degree than these clinical factors and the Medicare hospital readmissions reduction program will more accurately measure quality of care once risk adjustment for socioeconomic status is implemented. (6) Research by the Medicare Payment Advisory Commission, the National Quality Forum, and other independent experts has provided compelling evidence that failing to adjust for socioeconomic status in the Medicare hospital readmission reduction program may provide an inaccurate picture of the quality of care provided by hospitals, and has led to the unfair penalization and stigmatization of hospitals serving low-income populations that are, in fact, delivering high- quality health care. (7) Risk adjustment for socioeconomic status in the Medicare hospital readmission reduction program will improve quality of care, increase accountability for all inpatient hospitals serving Medicare beneficiaries, and further reduce preventable readmissions nationwide. (8) The Secretary of Health and Human Services should consider the adoption of socioeconomic adjustment methodologies in other quality reporting and pay-for-performance programs under the Medicare program. SEC. 3. IMPROVEMENTS TO THE MEDICARE HOSPITAL READMISSIONS REDUCTION PROGRAM. Section 1886(q) of the Social Security Act (42 U.S.C. 1395ww(q)) is amended-- (1) in paragraph (4)(C)-- (A) in clause (i), in the matter preceding subclause (I), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (B) by adding at the end the following new clause: ``(iii) Adjustment for socioeconomic status.-- ``(I) In general.--In determining a hospital's excess readmission ratio under clause (i) for purposes of making payments for discharges occurring on or after October 1, 2016, the Secretary shall risk adjust readmissions to account for the socioeconomic status of the patients served by the hospital. ``(II) Socioeconomic status.--For purposes of subclause (I), subject to subclauses (III) and (V), the Secretary shall, to the maximum extent practicable, utilize the most recent data available from the Bureau of the Census in order to develop a quantitative method to adjust for socioeconomic status. In developing such quantitative method, the Secretary-- ``(aa) shall, to the maximum extent practicable, use inputs that address at least one of the following factors-- ``(AA) income; ``(BB) education level; and ``(CC) poverty rate; and ``(bb) may include inputs that address other socioeconomic and sociodemographic factors determined appropriate by the Secretary. ``(III) Revision of inputs.--The Secretary may revise the inputs for such quantitative method under subclause (II) on an annual basis to improve the accuracy and validity of the adjustment under subclause (I). ``(IV) Patients served by the hospital.--For purposes of subclause (I), the Secretary shall, to the maximum extent practicable, measure the socioeconomic status for all patients served by each hospital. The Secretary may supplement incomplete or inaccessible patient-level data with data related to the geographic region of the patients served by the hospital. ``(V) Use of alternative adjustment method.-- ``(aa) In general.--For purposes of subclause (I), in the case of payments for discharges occurring on or after October 1, 2017, the Secretary may apply a socioeconomic status adjustment using a method other than the method described in subclause (II), such as peer groupings and stratification. ``(bb) Comparative analysis.--Prior to the application of the alternative adjustment method under item (aa), the Secretary shall conduct a comparative analysis of such alternative adjustment method and the method described in subclause (II). The Secretary shall publish the results of such comparative analysis and the proposed alternative adjustment method in the Federal Register and seek public comment on such method. ``(cc) Requirement.--The Secretary may not apply any alternative adjustment method under item (aa) unless the Secretary determines that such alternative method will demonstrate an aggregate improvement in the accuracy and effectiveness of hospital readmissions reduction program incentives and measurements compared to the adjustment required under subclause (I).''; (2) in paragraph (6)(A), by adding the following before the period at the end: ``, including information on the results of the readmission measures under this subsection (both before and after the adjustment under paragraph (4)(C)(iii)) and the penalties under this subsection (both before and after such adjustment)''; and (3) by adding at the end the following new paragraph: ``(9) Adjustment.--The Secretary shall make proportional adjustments to base operating DRG payment amounts (as defined in paragraph (2)) of applicable hospitals to assure that the application of paragraph (4)(C)(iii) does not result in aggregate payments under this section in a fiscal year that are greater or less than those that would otherwise be made under this section in such fiscal year, as estimated by the Secretary.''.", "summary": "Hospital Readmissions Program Accuracy and Accountability Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the Hospital Readmissions Reduction Program, to direct the Secretary of Health and Human Services (HHS), in determining a hospital's excess readmission ratio for purposes of making payments for discharges starting in FY2016, to risk adjust readmissions to account for patient socioeconomic status."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Jury Reform Act of 2017''. SEC. 2. FINDINGS. The Congress finds the following: (1) Grand juries are typically used as the process by which allegations of police misconduct are prosecuted. (2) There exists a symbiotic relationship between local prosecutors and the law enforcement officers who regularly testify in routine grand jury investigations. (3) The closeness of this relationship creates public suspicion that accused police officers receive preferential consideration from grand juries when they are subject to grand jury investigations. (4) Police officers have the right to appear before the grand jury investigating allegations of wrongdoing by said officer, and give testimony not subject to a thorough cross examination. (5) Grand jury proceedings are by law secret proceedings. (6) The secret grand jury process has historically resulted in a refusal to indict when the subject of their investigation is a local law enforcement officer. (7) The recent grand jury proceedings following the deaths of Michael Brown and Eric Garner have followed historical tradition, ending with a refusal to indict the law enforcement officers involved in their deaths. (8) The American people have lost confidence in the secretive grand jury process when it is used to evaluate allegations of police misconduct. (9) The loss of confidence in our system of justice leads to the undermining of the principles of equality and justice upon which this country was founded. (10) Preliminary hearings are often replaced with direct presentments, whereby the prosecutor may send a case directly to the grand jury without a public preliminary hearing. SEC. 3. HEARING BEFORE A JUDGE REQUIRED. (a) Receipt of Grant Funds.--In order for a State or unit of local government in a State to be eligible to receive Federal funding under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), the State shall comply with the requirements of this section. (b) Notification Requirements.-- (1) Notification to prosecutor.--In the case of a law enforcement officer of a local law enforcement agency who uses deadly force against a person in the course of the officer's employment, and thereby causes the death of that person, not later than 24 hours after the death occurs, the chief officer of the law enforcement agency of the locality in which the death occurred shall report the death to the elected prosecutor of that locality. (2) Notification to governor.--Not later than 24 hours after receiving notice under paragraph (1), the elected prosecutor of the locality in which the death occurred shall report the death to the Governor of that State. (c) Hearing Requirement; Appointment of Special Prosecutor.-- (1) In general.--Not later than 3 days after receiving notice under subsection (b)(2), the Governor of the State in which the death occurred shall appoint a special prosecutor to present evidence on behalf of the State at a hearing before a judge in the appropriate court, in order to determine whether probable cause exists for the State to bring criminal charges against the law enforcement officer relating to the death of the person, which determination shall be made by the judge. The Governor shall use a random process to select the special prosecutor from among all of the elected prosecutors in the State, excluding the elected prosecutor of the locality in which the death occurred. (2) Timing.--The hearing described in paragraph (1) shall be held not later than 90 days after the appointment of the special prosecutor, unless the judge determines that good cause exists to delay the hearing. (3) Court to remain open to the public.--Except as determined appropriate by the presiding judge, in a hearing described in paragraph (1), the court shall remain open to the public, and upon scheduling the hearing the judge shall provide notice to the public of the date, time, and location of the hearing. (d) State Law Enforcement Agency To Have Exclusive Authority Over Investigation.-- (1) In general.--Not later than 24 hours after receiving notice under subsection (b)(2), the Governor shall report the death to the chief officer of the State law enforcement agency of the State in which the death occurred, and the State law enforcement agency shall assume exclusive control of the investigation of the death during the pendency of the probable cause hearing. (2) Cooperation of local law enforcement agency.--The chief officer of the law enforcement agency of the locality in which the death occurred shall cooperate with the special prosecutor and the chief officer of the State law enforcement agency by responding promptly to requests for information related to the death. (e) Written Determination of Probable Cause.--Not later than 5 days after the conclusion of a hearing described in subsection (c), the judge presiding over the hearing shall issue the determination described in subsection (c) in writing, and shall submit such determination to the elected prosecutor of the locality in which the death occurred. Such determination shall be made available to the public. (f) Recommendations of the Special Prosecutor.--Upon the conclusion of a hearing described in subsection (c), the special prosecutor shall submit written recommendations to the elected prosecutor of the locality in which the death occurred, including a recommendation regarding whether criminal charges should be brought against the law enforcement officer relating to the death of the person. (g) Tolling of Procedural Deadlines.--Any applicable filing or other procedural deadlines are tolled during the pendency of the hearing described in subsection (c). (h) Preservation of Prosecutorial Discretion.--The hearing described in subsection (c) shall be purely advisory, and shall have no binding effect on the elected prosecutor of the locality in which the death occurred. After the conclusion of the hearing described in subsection (c), the elected prosecutor of the locality in which the death occurred shall retain prosecutorial discretion as to whether to bring charges against the law enforcement officer, including whether to hold a grand jury proceeding in the appropriate court.", "summary": "Grand Jury Reform Act of 2017 This bill conditions a state or local government's receipt of funds under the Edward Byrne Memorial Justice Assistance Grant program on the state's compliance with certain requirements following an incident involving the use of deadly force by a local law enforcement officer that results in a person's death. Specifically, the governor must appoint a special prosecutor to present evidence before a judge to determine whether probable cause exists to criminally charge the law enforcement officer. The hearing must be open to the public."}
{"article": "SECTION 1. RELEASE OR DETENTION OF A MATERIAL WITNESS. (a) Amendments to Title 18.--Section 3144 of title 18, United States Code, is amended to read as follows: ``Sec. 3144. Release or detention of a material witness ``(a) Arrest of Material Witness.-- ``(1) In general.--A judicial officer may order the arrest of a person as a material witness, if it appears from an affidavit filed by a party in a criminal case before a court of the United States, or by an attorney for the Government in a matter occurring before a Federal grand jury, that there is probable cause to believe that-- ``(A) the testimony of such person is material in such case or matter; and ``(B) the person has been served with a summons or subpoena and failed or refused to appear as required. ``(2) Exception.--A judicial officer may waive the summons or subpoena requirement described in paragraph (1)(B), if the judicial officer finds by clear and convincing evidence that the service of a summons or subpoena-- ``(A) is likely to result in the person fleeing; or ``(B) cannot adequately secure the appearance of the person as required. ``(b) Warrant for Material Witness.-- ``(1) Requirements.--A warrant issued under subsection (a) shall-- ``(A) contain the name of the material witness or, if the name of such witness is unknown, a name or description by which the witness can be identified with reasonable certainty; ``(B) specify that the testimony of the witness is sought in a criminal case or grand jury proceeding; ``(C) command that the witness be arrested and brought without unnecessary delay before a judicial officer; ``(D) inform the witness of the witness's right to retain counsel or to request that counsel be appointed if the witness cannot obtain counsel; and ``(E) be signed by a judicial officer. ``(2) Execution of warrant.-- ``(A) Arrest of witness.--A warrant issued under subsection (a) shall be executed by arresting the material witness. ``(B) Warrant to be provided to witness.-- ``(i) In general.--Upon arrest, an officer possessing the warrant shall show such warrant to the material witness. ``(ii) Warrant not in possession of arresting officer.--If an officer does not possess the warrant at the time of arrest of a material witness, an officer-- ``(I) shall inform the witness of the existence and purpose of the warrant; and ``(II) at the request of the witness, shall provide the warrant to the witness as soon as possible. ``(3) Return of warrant.-- ``(A) After execution.--After executing a warrant issued under subsection (a), an officer shall return the warrant to the judicial officer before whom the material witness is brought in accordance with subsection (c). ``(B) Unexecuted warrant.--At the request of an attorney for the United States Government, an unexecuted warrant shall be brought back to and canceled by a judicial officer. ``(c) Initial Appearance.-- ``(1) Appearance upon arrest.--A material witness arrested pursuant to a warrant issued under subsection (a) shall be brought without unnecessary delay before a judicial officer. ``(2) Place of initial appearance.--The initial appearance of a material witness arrested pursuant to a warrant issued under subsection (a) shall be-- ``(A) in the district of arrest; or ``(B) in an adjacent district if-- ``(i) the appearance can occur more promptly there; or ``(ii) the warrant was issued there and the initial appearance will occur on the day of the arrest. ``(3) Procedures.--At the initial appearance described in paragraph (2), a judicial officer shall-- ``(A) inform a material witness of-- ``(i) the warrant against the witness, and the application and affidavit filed in support of the warrant; and ``(ii) the witness's right to retain counsel or to request that counsel be appointed if the witness cannot obtain counsel; ``(B) allow the witness a reasonable opportunity to consult with counsel; ``(C) release or detain the witness as provided by subsection (d); and ``(D) if the initial appearance occurs in a district other than where the warrant issued, transfer the witness to such district, provided that the judicial officer finds that the witness is the same person named in the warrant. ``(d) Release or Detention.-- ``(1) In general.--Upon the appearance before a judicial officer of a material witness arrested pursuant to a warrant issued under subsection (a), the judicial officer shall order the release or detention of such witness. ``(2) Release.-- ``(A) In general.--A judicial officer shall order the release of a material witness arrested pursuant to a warrant issued under subsection (a) on personal recognizance or upon execution of an unsecured appearance bond under section 3142(b), or on a condition or combination of conditions under section 3142(c), unless the judicial officer determines by clear and convincing evidence that such release will not reasonably assure the appearance of the witness as required. ``(B) Testimony secured by deposition.--No material witness may be detained because of the inability of the witness to comply with any condition of release if the testimony of such witness can adequately be secured by deposition. ``(3) Detention.-- ``(A) No reasonable assurance of appearance.--If, after a hearing pursuant to the provisions of section 3142(f)(2), a judicial officer finds by clear and convincing evidence that no condition or combination of conditions will reasonably assure the appearance of a material witness as required by this section, such judicial officer may order that the witness be detained for a period not to exceed 5 days, or until the testimony of the witness can adequately be secured by deposition or by appearance before the court or grand jury, whichever is earlier. ``(B) Extension of detention.-- ``(i) In general.--Subject to clause (ii), upon the motion of a party (or an attorney for the United States Government in a matter occurring before a Federal grand jury), the period of detention under subparagraph (A) may be extended for additional periods of up to 5 days, or until the testimony of a material witness can adequately be secured by deposition or by appearance before the court or grand jury, whichever is earlier. ``(ii) Limit.--The total period of detention under this subparagraph may not exceed-- ``(I) 30 days, where the testimony of the witness is sought in a criminal case; or ``(II) 10 days, where the testimony of the witness is sought in a grand jury proceeding. ``(C) Good cause required.--A motion under subparagraph (B) shall demonstrate good cause for why the testimony of a material witness could not adequately be secured by deposition or by appearance before the court or grand jury during the previous 5- day period. ``(4) Factors to be considered.--A judicial officer, in determining whether a material witness should be released or detained-- ``(A) shall take into account the available information concerning the history and characteristics of the witness, including the information described in section 3142(g)(3)(A); and ``(B) may consider challenges to the basis of the warrant. ``(5) Contents of release order.--A release order issued under paragraph (2) shall comply with the requirements of paragraphs (1) and (2)(B) of section 3142(h). ``(6) Contents of detention order.--A detention order issued under paragraph (3) shall comply with the requirements of section 3142(i), provided that a judicial officer shall direct that a material witness be held-- ``(A) in a facility separate and apart, to the extent practicable, from persons charged with or convicted of a criminal offense; and ``(B) under the least restrictive conditions possible. ``(e) Report.-- ``(1) In general.--Notwithstanding any other provision of law, the Attorney General shall provide to the Committees on the Judiciary of the Senate and the House of Representatives an annual report regarding the use of this section by the United States Government during the preceding 1-year period. ``(2) Content of report.--A report required under paragraph (1) shall include-- ``(A) the number of warrants sought under subsection (a), and the number either granted or denied; ``(B) the number of material witnesses arrested pursuant to a warrant issued under subsection (a) whose testimony was not secured by deposition or by appearance before the court or grand jury, and the reasons therefore; and ``(C) the average number of days that material witnesses arrested pursuant to a warrant issued under subsection (a) were detained.''. (b) Amendment to Federal Rules of Civil Procedure.--Rule 46(h) of the Federal Rules of Criminal Procedure is amended to read as follows: ``(h) Supervising Detention Pending Trial.--To eliminate unnecessary detention, the court must supervise the detention within the district of any defendants awaiting trial and of any persons held as material witnesses.''.", "summary": "Rewrites provisions of the federal criminal code regarding material witnesses. Authorizes a judicial officer (officer) to: (1) order the arrest of a person as a material witness if it appears from an affidavit filed by a party in a federal criminal case, or by a government attorney in a matter before a federal grand jury, that there is probable cause to believe that the person's testimony is material and that the person has been served with a summons or subpoena (summons) and has failed or refused to appear; and (2) waive the summons requirement upon finding by clear and convincing evidence that service is likely to result in the person fleeing or that the person's appearance cannot adequately be secured. Establishes warrant requirements, including that the witness be brought before a judicial officer without unnecessary delay and be informed of the right to counsel. Requires an officer, at the initial appearance, to: (1) inform a witness of the warrant and right to counsel; (2) allow the witness a reasonable opportunity to consult with counsel; and (3) release or detain the witness (authorizes detention where release will not reasonably assure the witness's appearance, but only if the testimony cannot adequately be secured by deposition). Limits the detention period. Requires: (1) a detention order to direct that a witness be held in a facility separate from persons charged with or convicted of a criminal offense, under the least restrictive conditions possible; and (2) the Attorney General to report annually to the House and Senate Judiciary Committees."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Welfare Improvement Act of 1997''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. No additional cash assistance for children born to families receiving assistance. Sec. 3. Prohibition of recruitment activities. Sec. 4. Mandatory termination of assistance. Sec. 5. Work participation rate requirement. Sec. 6. Limitation on payments to States. Sec. 7. Effective date. SEC. 2. NO ADDITIONAL CASH ASSISTANCE FOR CHILDREN BORN TO FAMILIES RECEIVING ASSISTANCE. Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) No additional cash assistance for children born to families receiving assistance.-- ``(A) General rule.--A State to which a grant is made under section 403 shall not use any part of the grant to provide cash benefits for a minor child who is born to-- ``(i) a recipient of assistance under the program operated under this part; or ``(ii) a person who received such assistance at any time during the 10-month period ending with the birth of the child. ``(B) Exception for children born into families with no other children.--Subparagraph (A) shall not apply to a minor child who is born into a family that does not include any other children. ``(C) Exception for vouchers.--Subparagraph (A) shall not apply to vouchers which are provided in lieu of cash benefits and which may be used only to pay for particular goods and services specified by the State as suitable for the care of the child involved. ``(D) Exception for rape or incest.--Subparagraph (A) shall not apply with respect to a child who is born as a result of rape or incest. ``(E) State election to opt out.--Subparagraph (A) shall not apply to a State if State law specifically exempts the State program funded under this part from the application of subparagraph (A). ``(F) Substitution of family caps in effect under waivers.--Subparagraph (A) shall not apply to a State-- ``(i) if, as of the date of the enactment of this part, there is in effect a waiver approved by the Secretary under section 1115 which permits the State to deny aid under the State plan approved under part A of this title (as in effect without regard to the amendments made by title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2110) to a family by reason of the birth of a child to a family member otherwise eligible for such aid; and ``(ii) for so long as the State continues to implement such policy under the State program funded under this part, under rules prescribed by the State.''. SEC. 3. PROHIBITION OF RECRUITMENT ACTIVITIES. Section 1631 of the Social Security Act (42 U.S.C. 1383) is amended by adding at the end the following new subsection: ``prohibition of recruitment activities ``(p) Nothing in this title shall be construed to authorize recruitment activities under this title, including with respect to any outreach programs or demonstration projects.''. SEC. 4. MANDATORY TERMINATION OF ASSISTANCE. Section 407(e)(1) of the Social Security Act (42 U.S.C. 607(e)(1)), is amended to read as follows: ``(1) In general.--Except as provided in paragraph (2), if an individual in a family receiving assistance under the State program funded under this part refuses to engage in work required in accordance with this section, the State shall-- ``(A) in the case of the first or second refusal-- ``(i) reduce the amount of assistance otherwise payable to the family pro rata (or more, at the option of the State) with respect to any period during a month in which the individual so refuses; or ``(ii) terminate such assistance, subject to such good cause and other exceptions as the State may establish; and ``(B) in the case of the third refusal, terminate the assistance.''. SEC. 5. WORK PARTICIPATION RATE REQUIREMENT. The table in section 407(a)(1) of the Social Security Act (42 U.S.C. 607(a)(1)), is amended, in the item relating to fiscal year 2002 or thereafter, by striking ``50'' and inserting ``75''. SEC. 6. LIMITATION ON PAYMENTS TO STATES. Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 420. LIMITATION ON PAYMENTS TO STATES. ``Notwithstanding any other provision of this part, no funds may be paid to a State under this part unless the State-- ``(1) establishes and maintains a reasonable program for randomly testing an individual in a family receiving assistance under the State program funded under this part for the use of controlled substances; and ``(2) terminates assistance under the State program funded under this part for any individual who tests positive for the use of controlled substances.''. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act take effect as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105).", "summary": "Welfare Improvement Act of 1997 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) in order to make various specified changes to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Prohibits States from providing cash TANF benefits for a minor child born to a TANF recipient family with other children or to a person with other children who received TANF assistance during the ten-month period ending with the birth of the child, with certain exceptions for rape or incest, unless the State elects to opt out of the application of such prohibition. Exempts from such prohibition a minor child born into a family with no other children. Requires termination of TANF assistance after the TANF recipient's third refusal to engage in required work activities. Increases from 50 percent to 75 percent the minimum work participation rate required under TANF for FY 2002 and thereafter. Prohibits Federal TANF funds to States which do not establish random drug testing programs under which the TANF assistance for individual family recipients who test positive for controlled substance use is terminated. Amends SSA title XVI (Supplemental Security Income) to expressly provide that nothing in it shall be construed to authorize recruitment activities under such title, including with respect to any outreach programs or demonstration projects."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Creation and Affordable Housing Act of 2010''. SEC. 2. GRANTS TO STATES FOR LOW-INCOME HOUSING PROJECTS IN LIEU OF LOW-INCOME HOUSING CREDITS FOR BOND-SUBSIDIZED HOUSING PROJECTS. (a) In General.--The Secretary of the Treasury shall make a grant to each State in an amount equal to such State's low-income bond- subsidized housing election amount. (b) Low-Income Bond-Subsidized Housing Election Amount.--For purposes of this section-- (1) In general.--The term ``low-income bond-subsidized housing election amount'' means, with respect to any State, such amount as the State may elect which does not exceed 85 percent of the State's bond-subsidized credit amount. (2) Bond-subsidized credit amount.--The term ``bond- subsidized credit amount'' means, with respect to any State, the aggregate amount of low-income housing credits which the State determines would, but for section 42(i)(9) of the Internal Revenue Code of 1986, be awarded under section 42(h)(4)(B) of such Code times 10 with respect to qualified low-income buildings receiving an allocation of qualified residential rental project bonds of such State during 2010. (3) Qualified residential rental project bonds.--The term ``qualified residential rental project bond'' means, with respect to any State, any qualified bond (as defined in section 141(e) of the Internal Revenue Code of 1986) if such bond-- (A) is issued as part of an issue 95 percent or more of the net proceeds of which are to be used to provide qualified residential rental projects (within the meaning of section 142 of such Code), and (B) is taken into account under section 146 of such Code with respect to the State ceiling applicable to such State. (c) Subawards for Low-Income Buildings.-- (1) In general.--A State receiving a grant under this section shall use such grant to make subawards to finance the construction or acquisition and rehabilitation of qualified low-income buildings which have received the corresponding allocation of qualified residential rental project bonds referred to in subsection (b)(2). (2) Subawards subject to same requirements as low-income housing credit allocations.--Any such subaward with respect to any qualified low-income building may be in the form of a grant or a loan of any duration and shall be made in the same manner and shall be subject to the same limitations (including rent, income, and use restrictions on such building) as an allocation of housing credit dollar amount allocated by the State housing credit agency of such State under section 42 of the Internal Revenue Code of 1986, except that such subawards shall not be limited by, or otherwise affect, the State housing credit ceiling applicable to such agency. (3) Compliance and asset management.--A State receiving a grant under this section shall perform asset management functions to ensure compliance with section 42 of the Internal Revenue Code of 1986 and the long-term viability of buildings funded by any subaward under this section. A State may collect reasonable fees from a subaward recipient to cover expenses associated with the performance of its duties under this paragraph, including the reasonable costs of administering such subawards. A State may retain an agent or other private contractor to satisfy the requirements of this paragraph. (4) Recapture.--A State receiving a grant under this section shall impose conditions or restrictions, including a requirement providing for recapture, on any subaward under this section so as to assure that the building with respect to which such subaward is made remains a qualified low-income building during the compliance period. Any amounts of recapture shall be proportional to the length of time of the noncompliance compared to the 15-year compliance period and the percentage of qualified basis out of compliance compared to the total qualified basis. Any such recapture shall be payable to the Secretary of the Treasury for deposit in the general fund of the Treasury and may be enforced by means of liens or such other methods as the Secretary of the Treasury determines appropriate. A State housing credit agency may subordinate any such lien (or other security interest) to other loans made by third parties. (d) Reallocation of Bond Authority.--A State housing credit agency shall establish a process in which applicants that are allocated bonds and receive a subaward pursuant to subsection (c) are required to demonstrate good faith efforts to obtain purchasers for such bonds. If a subawardee is unable to obtain purchasers or if the State makes a determination that reallocation of bond authority will increase the total funds available to the State to build and rehabilitate affordable housing, a subawardee may return its bond allocation to the State without affecting its subaward under subsection (c) and the State may reallocate such bond authority only for qualified residential rental projects. Reallocated bonds shall not be taken into account for purposes of determining eligibility for low-income housing credits under section 42(h)(4) of the Internal Revenue Code of 1986 or for purposes of determining eligibility for grants under subsection (c). (e) Return of Unused Grant Funds.--Any grant funds not used to make subawards under this section before January 1, 2012, shall be returned to the Secretary of the Treasury on such date. The portion of any subaward which is not disbursed before such date shall be returned to the Secretary of the Treasury on such date unless the subawardee has paid or incurred before January 1, 2012, at least 30 percent of the subawardee's total adjusted basis in land and depreciable property that is reasonably expected to be part of the low-income housing building with respect to which such subaward is made. The portion of any subaward which is not disbursed before January 1, 2013, shall be returned to the Secretary of the Treasury on such date. Any subawards returned to the State housing credit agency on or after January 1, 2012, shall be promptly returned to the Secretary of the Treasury. Any amounts returned to the Secretary of the Treasury under this subsection shall be deposited in the general fund of the Treasury. (f) Definitions.--Any term used in this section which is also used in section 42 of the Internal Revenue Code of 1986 shall have the same meaning for purposes of this section as when used in such section 42. Any reference in this section to the Secretary of the Treasury shall be treated as including the Secretary's delegate. (g) Appropriations.--There is hereby appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this section. SEC. 3. COORDINATION OF LOW-INCOME HOUSING CREDIT WITH LOW-INCOME HOUSING GRANTS. (a) In General.--Paragraph (9) of section 42(i) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraphs: ``(B) Denial of credit for bond-subsidized buildings receiving subawards with 2010 grant funds.-- No credit shall be determined under this section with respect to any qualified low-income building to the extent of the bond-subsidized credit amount determined with respect to such building under section 2 of the Job Creation and Affordable Housing Act of 2010 if any subaward is made with respect to such building under such section.''. (b) Grants and Loans Not To Reduce Basis.--Subparagraph (C) of section 42(i)(9) of such Code, as redesignated by this section, is amended by striking ``by the amount of any grant described in subparagraph (A)'' and inserting ``by reason of any grant or loan made under section 1602 of the American Recovery and Reinvestment Tax Act of 2009 or section 2 of the Job Creation and Affordable Housing Act of 2010''. (c) Exclusion of Grants From Gross Income.--Paragraph (9) of section 42(i) of such Code, as amended by this section, is amended by adding at the end the following new subparagraph: ``(D) Exclusion of grants from gross income.--Any grant made under section 1602 of the American Recovery and Reinvestment Tax Act of 2009 or section 2 of the Job Creation and Affordable Housing Act of 2010 shall not be includible in the gross income or alternative minimum taxable income of the taxpayer.''. (d) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after December 31, 2009. (2) Exclusion of grants from gross income.--The amendment made by subsection (c) shall apply to taxable years ending after December 31, 2008. SEC. 4. FIVE-YEAR CARRYBACK OF LOW-INCOME HOUSING CREDIT. (a) In General.--Subsection (a) of section 39 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) 5-year carryback of low-income housing credit.-- ``(A) In general.--In the case of an applicable low-income housing credit (within the meaning of section 38(c)(6)(C))-- ``(i) this section shall be applied separately from the business credit (other than the low-income housing credit), and ``(ii) paragraph (1) shall be applied by substituting `each of the 5 taxable years' for `the taxable year' in subparagraph (A) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007, and to carrybacks of credits from such taxable years. SEC. 5. CARRYBACK OF NEW INVESTMENTS. (a) In General.--Section 42(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Special rule for certain investments in 2010 and 2011.-- ``(A) In general.--In the case of a taxpayer who enters into an agreement described in section 38(c)(6)(D)(i)(I) (without regard to the applicable date), which satisfies the requirement of section 38(c)(6)(D)(i)(II), after December 31, 2009, and before January 1, 2012, then solely for purposes of determining the taxable year in which the low-income housing credit under this section may be taken into account for purposes of section 38, and the amount of the credit so taken into account-- ``(i) the preceding paragraphs of this subsection shall not apply, ``(ii) the credit period with respect to the housing credit dollar amount to be allocated under such agreement shall be the 1 taxable year in which the taxpayer enters into such agreement, ``(iii) subsections (b) and (c)(1) shall not apply, and ``(iv) the amount of the credit under this section which is taken into account in the taxable year described in clause (ii) shall be the housing credit dollar amount to be allocated under such agreement. ``(B) Requirements of section unaffected.--Except as provided in subparagraph (A), the provisions of this section shall apply to any building to which an agreement described in subparagraph (A) applies as if such subparagraph had not been enacted. ``(C) Recapture of excess credit.--If, at the end of the credit period with respect to any building (without regard to subparagraph (A)), the amount of the credit taken into account under subparagraph (A)(iv) with respect to such building exceeds the total amount of the credit which would have been allowed under this section with respect to such building during such credit period but for the application of subparagraph (A), then the amount of such excess shall be recaptured as if it were included in the credit recapture amount under subsection (j).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 6. ALLOWING LOW-INCOME HOUSING CREDITS TO OFFSET 100 PERCENT OF FEDERAL INCOME TAX LIABILITY. (a) In General.--Subsection (c) of section 38 is amended by adding at the end the following new paragraph: ``(6) Allowing low-income housing credit to offset 100 percent of federal income tax liability.-- ``(A) In general.--In the case of applicable low- income housing credits-- ``(i) this section shall be applied separately with respect to such credits, ``(ii) in applying paragraph (1) to such credits-- ``(I) the tentative minimum tax shall be treated as being zero, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be the net income tax (as defined in paragraph (1)) reduced by the credit allowed under subsection (a) for the taxable year (other than the applicable low-income housing credits), and ``(iii) the excess credit for such taxable year shall, solely for purposes of determining the amount of such excess credit which may be carried back to a preceding taxable year, be increased by the amount of business credit carryforwards which are carried to such taxable year, to which this subparagraph applies, and which are not allowed for such taxable year by reason of the limitation under paragraph (1) (as modified by clause (ii)). ``(B) Increase in limitation for taxable years to which excess applicable low-income housing credits are carried back.-- ``(i) In general.--Solely for purposes of determining the portion of any excess credit described in subparagraph (A)(iii) for which credit will be allowed under subsection (a)(3) for any preceding taxable year, except as provided in clause (ii), the limitation under paragraph (1) for such preceding taxable year shall be determined under rules similar to the rules described in subparagraph (A). ``(ii) Ordering rule.--If the excess credit described in subparagraph (A)(iii) includes business credit carryforwards from preceding taxable years, such excess credit shall be treated as allowed for any preceding taxable year on a first-in first-out basis. ``(C) Applicable low-income housing credits.--For purposes of this subpart, the term `applicable low- income housing credits' means the credit determined under section 42-- ``(i) to the extent attributable to buildings placed in service after the date of the enactment of this subparagraph, and ``(ii) in the case of any other buildings, for taxable years beginning in 2008, 2009, and 2010 (and to business credit carryforwards with respect to such buildings carried to such taxable years) to the extent provided in subparagraph (D). ``(D) Previously placed in service buildings.-- ``(i) In general.--Subparagraph (C)(ii) shall apply to such credits for such a taxable year only-- ``(I) if the taxpayer has entered into a binding commitment to invest equity not later than the applicable date, with respect to an investment in a future project (which is binding on the taxpayer and all successors in interest) which specifies the dollar amount of such investment, and ``(II) to the extent such credits do not exceed the dollar amount of such proposed investment. ``(ii) Applicable date.--For purposes of this subparagraph, the applicable date is-- ``(I) in the case of taxable years beginning in 2008 and 2009, September 15, 2010, or ``(II) in the case of a taxable year beginning in 2010, the due date (including extensions of time) for filing the taxpayer's return for such taxable year.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007, and to carrybacks of credits from such taxable years.", "summary": "Job Creation and Affordable Housing Act of 2010 - Directs the Secretary of the Treasury to make a grant to each state equal to such state's low-income bond-subsidized housing election amount. Defines \"low-income bond-subsidized housing election amount\" as an amount a state may elect which does not exceed 85% of the state's bond-subsidized credit amount for low-income buildings. Requires states to use grants to make subawards to finance the construction or acquisition and rehabilitation of qualified low-income buildings. Requires the return of grant funds not used to make such subawards before January 1, 2012. Amends the Internal Revenue Code to: (1) deny a low-income housing tax credit for bond-subsidized buildings that received a subaward under this Act; (2) allow a five-year carryback of unused low-income housing tax credit amounts and a carryback for new low-income housing investments in 2010 and 2011; and (3) allow a full offset of low-income housing tax credits against regular income tax liability."}
{"article": "that except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Employment Reduction Assistance Act of 1999''. SEC. 2. DEFINITIONS. For the purpose of this Act: (1) ``Department'' means the Department of Veterans Affairs. (2) ``Employee'' means an employee (as defined by section 2105 of title 5, United States Code) of the Department of Veterans Affairs, who is serving under an appointment without time limitation, and has been currently employed by such Department for a continuous period of at least 3 years, but does not include-- (A) a reemployed annuitant under subchapter III of chapter 83, or chapter 84 of title 5, United States Code, or another retirement system for employees of the Federal Government; (B) an employee having a disability on the basis of which such employee is eligible for disability retirement under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Federal Government; (C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; (D) an employee who previously has received any voluntary separation incentive payment by the Federal Government under this Act or any other authority; (E) an employee covered by statutory reemployment rights who is on transfer to another organization; or (F) any employee who, during the twenty-four month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or a recruitment bonus under section 7458 of title 38, United States Code; (G) any employee who, during the twelve-month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code, or a retention bonus under section 7458 of title 38, United States Code. (3) ``Secretary'' means the Secretary of Veterans Affairs. SEC. 3. DEPARTMENT PLANS; APPROVAL. (a) In General.--The Secretary, before obligating any resources for voluntary separation incentive payments, shall submit to the Director of the Office of Management and Budget a strategic plan outlining the use of such incentive payments and a proposed organizational chart for the Department once such incentive payments have been completed. (b) Contents.--The plan shall specify-- (1) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level; the proposed coverage may be based on-- (A) any component of the Department; (B) any occupation, level or type of position; (C) any geographic location; (D) other nonpersonal factors; or (E) any appropriate combination of the factors in paragraphs (A), (B), (C), and (D); (2) the manner in which such reductions will improve operating efficiency or meet actual or anticipated levels of budget or staffing resources; (3) the period of time during which incentives may be paid; and (4) a description of how the affected component(s) of the Department will operate without the eliminated functions and positions. (c) Approval.--The Director of the Office of Management and Budget shall approve or disapprove each plan submitted under subsection (a), and may make appropriate modifications to the plan with respect to the time period in which voluntary separation incentives may be paid, with respect to the number and amounts of incentive payments, or with respect to the coverage of incentives on the basis of the factors in subsection (b)(1). SEC. 4. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a) Authority To Provide Voluntary Separation Incentive Payments.-- (1) In general.--The Secretary may pay a voluntary separation incentive payment to an employee only to the extent necessary to reduce or eliminate the positions and functions identified by the strategic plan; (2) Employees who may receive incentives.--In order to receive a voluntary separation incentive payment, an employee must separate from service with the Department voluntarily (whether by retirement or resignation) under the provisions of this Act; (b) Amount and Treatment of Payments.--A voluntary separation incentive payment-- (1) shall be paid in a lump sum after the employee's separation; (2) shall be equal to the lesser of-- (A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under such section (without adjustment for any previous payment made under that section); or (B) an amount determined by the Secretary, not to exceed $25,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; (4) shall not be taken into account in determining the amount of severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (5) shall be paid from the appropriations or funds available for payment of the basic pay of the employee. SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT. (a) An individual who has received a voluntary separation incentive payment under this Act and accepts any employment with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to repay, prior to the individual's first day of employment, the entire amount of the incentive payment to the Department. (b)(1) If the employment under subsection (a) is with an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (2) If the employment under subsection (a) is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment under subsection (a) is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (c) For the purpose of this section, the term ``employment'' includes-- (1) for the purposes of subsections (a) and (b), employment of any length or under any type of appointment, but does not include employment that is without compensation; and (2) for the purposes of subsection (a), employment with any agency of the United States Government through a personal services contract. SEC. 6. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND. (a) In addition to any other payments which it is required to make under subchapter III of chapter 983 or chapter 84 of title 5, United States Code, the Department shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the Department who is covered under subchapter III of chapter 83 or chapter 84 of title 5 to whom a voluntary separation incentive has been paid under this Act. (b) For the purpose of this section, the term ``final basic pay'', with respect to an employee, means the total amount of basic pay that would be payable for a year of service by that employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. SEC. 7. REDUCTION OF AGENCY EMPLOYMENT LEVELS. (a) In General.--The total full-time equivalent employment in the Department shall be reduced by one for each separation of an employee who receives a voluntary separation incentive payment under this Act. the reduction will be calculated by comparing the Department's full- time equivalent employment for the fiscal; year in which the voluntary separation payments are made with the actual full-time equivalent employment for the prior fiscal year. (b) Enforcement.--The President, through the Office of Management and Budget, shall monitor the Department and take any action necessary to ensure that the requirements of this section are met. (c) Subsection (a) of this section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national emergency so requires; or (2) the existence of an extraordinary emergency which threatens life, health, safety, property, or the environment, so requires. SEC. 8. CONTINUED HEALTH INSURANCE COVERAGE. Section 8905a(d)(4) of title 5, United States Code, is amended-- (1) in subparagraph (A) by inserting after force ``, or an involuntary separation from a position in or under the Department of Veterans Affairs due to a reduction in force or a title 38 staffing adjustment''; (2) in subparagraph (B) by inserting at the beginning thereof ``With respect to the Department of Defense,''; (3) by redesignating subparagraph (C) as subparagraph (D); (4) by adding a new subparagraph (C) as follows: (C) With respect to the Department of Veterans Affairs, this paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before-- (i) October 1, 2004; or (ii) February 1, 2005, if specific notice of such separation was given to such individual before October 1, 2004. SEC. 9. REGULATIONS. The Director of the Office of Personnel Management may prescribe any regulations necessary to administer the provisions of this Act. SEC. 10. LIMITATION; SAVINGS CLAUSE. (a) No voluntary separation incentive under this Act may be paid based on the separation of an employee after September 30, 2004.; (b) This Act supplements and does not supersede other authority of the Secretary. SEC. 11. EFFECTIVE DATE. (a) This Act shall take effect on the date of enactment.", "summary": "Authorizes the Secretary to make such a payment only to reduce or eliminate positions or functions identified in the plan. Requires such payments to be in a lump sum and no greater than $25,000 apiece. Requires full repayment from any individual who is subsequently reemployed with any Federal department or agency, with exceptions for certain employment in which the individual possesses unique abilities and is the only qualified applicant available. Requires the Department to remit to the Office of Personnel Management for credit to the Civil Service Retirement and Disability Fund 15 percent of the final basic pay of each individual receiving such payments. Reduces the total number of full-time equivalent employees in the Department by one for each individual receiving such a payment. Authorizes the President to waive such reductions upon a determination of the existence of: (1) a state of war or other national emergency; or (2) an extraordinary emergency which threatens life, health, safety, property, or the environment. Provides for continued temporary health insurance coverage for individuals receiving such payments. Prohibits any payment based on the separation of an employee after September 30, 2004."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Supply Chain Management and Transparency Act of 2014''. SEC. 2. SOFTWARE, FIRMWARE, OR PRODUCT WITH KNOWN SECURITY VULNERABILITIES OR DEFECTS. (a) OMB Guidelines Required.-- (1) Clauses required in software, firmware, or product contracts for software, firmware, or product created with a binary component.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and any other intelligence or national security agency the Director determines to be necessary, shall issue guidelines for each agency that require including the following clauses in any contract for the acquisition of software, firmware, or product that contains a binary component: (A) Component list.--A clause that requires the inclusion of a comprehensive and confidentially supplied list, or a bill of materials, of each binary component of the software, firmware, or product that is used in the software, firmware, or product. (B) Verification required.--A clause that requires the contractor providing the software, firmware, or product-- (i) to verify that the software, firmware, or product does not contain any known security vulnerabilities or defects that are listed in the National Institute of Standards and Technology National Vulnerability Database and any additional database selected by the Director of the Office of Management and Budget (that is credible and similar to the National Vulnerability Database) that tracks security vulnerabilities and defects in a binary component, and that is necessary to capture a wider list of binary components (with known security vulnerabilities or defects and for which a less vulnerable alternative is available); and (ii) to notify the purchasing agency of any known security vulnerabilities or defects discovered through the verification required under clause (i). (C) Waiver.--A clause that requires-- (i) a contractor to submit a written application, and obtain a waiver, for each binary component that is known to be vulnerable from the head of the purchasing agency; and (ii) if the head of the purchasing agency approves the waiver, such head shall provide the contractor with a written statement that the agency accepts all of the risk associated with the use of such binary component. (D) Updates.--A clause that requires such software, firmware, or product to be written or designed in a manner that allows for any future security vulnerability or defect in any part of the software, firmware, or product to be easily patched, updated, or replaced to fix the vulnerability or defect in the software, firmware, or product. (E) Timely repair.--A clause that requires the contractor to provide a repair in a timely manner with regard to any new security vulnerability discovered through any of the databases described in subparagraph (B). (2) Disclosure of security vulnerability or defect.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidelines for each agency with respect to any software, firmware, or product in use by the United States Government that contains a binary component that requires each agency to have a process-- (A) to replace any currently known vulnerable binary component; and (B) to remove and repair any new vulnerable binary component after such component becomes known pursuant to paragraph (1)(B). (3) Agency guidelines.-- (A) Software, firmware, or product that can not be fixed or patched.--Not later than 220 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidelines for each agency with respect to any software, firmware, or product that contains a known vulnerable binary component-- (i) that can not be fixed, patched, or updated; and (ii) that requires such component, to migrate to patchable, repairable, and fixable products. (B) Inventory of existing software, firmware, or product with a known vulnerable binary component.--Not later than 20 months after the date of the enactment of this Act, the Director of the Office of Budget of Management shall instruct each agency to provide the relevant office in the Department of Homeland Security with a list of each known vulnerable binary in any software, firmware or product in use by each agency. (C) Analysis of project integrity and annual report.--Not later than twelve months after all lists described in subparagraph (B) are provided to the Department of Homeland Security, the Secretary of Homeland Security shall issue an annual confidential report describing the security vulnerabilities of the projects that created any known vulnerable binary component in any list described in subparagraph (B) and through the verification required under paragraph (1)(B). The report shall assess the integrity of binary component suppliers for the incidence of security vulnerabilities, the severity, the mean time to remediate such vulnerabilities that can be applied to assess the security of binary projects and suppliers, for use by other agencies. (b) Report on Removal of Binary Component With Known Security Vulnerability or Defect.--Not later than 30 months after the date of the enactment of this Act, the head of each agency shall submit to each relevant Committee of jurisdiction in the House of Representatives and the Senate a report on the completion of the removal of each binary component with known security vulnerabilities or defects in the agency and shall include a classified version of this report for the Permanent Select Committee on Intelligence and the Committees on Armed Services, Foreign Affairs, and Homeland Security of the House of Representatives and the Select Committee on Intelligence and the Committees on Armed Services, Foreign Affairs, and Homeland Security and Governmental Affairs of the Senate. The report shall also detail the policies, procedures, and processes by which a newly discovered vulnerable binary component is replaced in software, firmware, and products in use by the United States Government. (c) Other Entities of the United States Government.--Any other entity of the United States Government-- (1) shall replace any vulnerable binary component with another less vulnerable alternative in any software, firmware, or product in use by the entity; and (2) shall begin such replacement process with critical systems. (d) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term in section 551(1) of title 5, United States Code. (2) Binary component.--The term ``binary component'' means a third party or open source component.", "summary": "Cyber Supply Chain Management and Transparency Act of 2014 - Requires the Office of Management and Budget (OMB) to issue guidelines for agencies that contract to acquire software, firmware, or products containing a third party or open source binary component. Requires binary component contracts to include clauses requiring: a confidentially supplied list, or a bill of materials, of each binary component that is used in the software, firmware, or product; the contractor to verify that products do not contain known security vulnerabilities and to notify the purchasing agency of any known vulnerabilities or defects; the contractor to obtain a waiver from the purchasing agency for components known to be vulnerable; an agency approving a vulnerability waiver to accept all risk associated with component use; product designs to allow fixes with patches, updates, or replacements; and the contractor to provide timely repairs for discovered vulnerabilities. Directs the OMB to issue guidance requiring agencies: (1) to replace components with currently known vulnerabilities and to remove or repair any new vulnerable components that become known; and (2) to migrate to patchable, repairable, and fixable products. Requires agencies to provide the Department of Homeland Security (DHS) with a list of each known vulnerable component in any product in use by the agencies. Directs DHS to issue an annual confidential report describing the security vulnerabilities of projects that created any known vulnerable component. Requires the report to assess the integrity of component suppliers for the incidence of security vulnerabilities for use by other agencies. Requires agencies, within 30 months after enactment of this Act, to report to Congress regarding the completion of the removal of each known vulnerable or defective component. Directs other entities of the U.S. government to replace vulnerable components with less vulnerable alternatives."}
{"article": "SECTION 1. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Table of contents. Sec. 2. Purpose. Sec. 3. Technical amendments. SEC. 2. PURPOSE. The purpose of this Act is to make revisions in title 36, United States Code, as necessary to keep the title current and make technical corrections and improvements. SEC. 3. TECHNICAL AMENDMENTS. (a) Tables of Contents.-- (1) Table of contents of the title.--Title 36, United States Code, is amended in the matter before subtitle I by striking ``Subtitle Sec. PATRIOTIC AND NATIONAL OBSERVANCES AND CEREMONIES 101 PATRIOTIC AND NATIONAL ORGANIZATIONS...............................10101 TREATY OBLIGATION ORGANIZATIONS.................................300101'' and inserting ``Subtitle I--Patriotic and National Observances and Ceremonies ``Part A--Observances and Ceremonies ``Chap. Sec. Patriotic and National Observances...................................101 National Anthem, Motto, Floral Emblem, March, and Tree...............301 Presidential Inaugural Ceremonies....................................501 Federal Participation in Carl Garner Federal Lands Cleanup Day.......701 Miscellaneous........................................................901 ``Part B--United States Government Organizations Involved With Observances and Ceremonies American Battle Monuments Commission................................2101 United States Holocaust Memorial Council............................2301 President's Committee on Employment of People With Disabilities.....2501 ``Subtitle II--Patriotic and National Organizations ``Part A--General General............................................................10101 ``Part B--Organizations Agricultural Hall of Fame..........................................20101 Air Force Sergeants Association....................................20201 American Academy of Arts and Letters...............................20301 American Chemical Society..........................................20501 American Council of Learned Societies..............................20701 American Ex-Prisoners of War.......................................20901 American GI Forum of the United States.............................21001 American Gold Star Mothers, Incorporated...........................21101 American Historical Association....................................21301 American Hospital of Paris.........................................21501 The American Legion................................................21701 The American National Theater and Academy..........................21901 The American Society of International Law..........................22101 American Symphony Orchestra League.................................22301 American War Mothers...............................................22501 AMVETS (American Veterans).........................................22701 Army and Navy Union of the United States of America................22901 Aviation Hall of Fame..............................................23101 through 299....................................................Reserved Big Brothers--Big Sisters of America...............................30101 Blinded Veterans Association.......................................30301 Blue Star Mothers of America, Inc..................................30501 Board For Fundamental Education....................................30701 Boy Scouts of America..............................................30901 Boys & Girls Clubs of America......................................31101 through 399....................................................Reserved Catholic War Veterans of the United States of America, Incorporated40101 Civil Air Patrol...................................................40301 Congressional Medal of Honor Society of the United States of Americ40501 Corporation for the Promotion of Rifle Practice and Firearms Safety40701 through 499....................................................Reserved Daughters of Union Veterans of the Civil War 1861-1865.............50101 Disabled American Veterans.........................................50301 through 599....................................................Reserved 82nd Airborne Division Association, Incorporated...................60101 through 699....................................................Reserved Fleet Reserve Association..........................................70101 Former Members of Congress.........................................70301 The Foundation of the Federal Bar Association......................70501 Frederick Douglass Memorial and Historical Association.............70701 Future Farmers of America..........................................70901 through 799....................................................Reserved General Federation of Women's Clubs................................80101 Girl Scouts of the United States of America........................80301 Gold Star Wives of America.........................................80501 through 899....................................................Reserved Help America Vote Foundation.......................................90101 through 999....................................................Reserved Italian American War Veterans of the United States................100101 through 1099...................................................Reserved Jewish War Veterans of the United States of America, Incorporated.110101 Jewish War Veterans, U.S.A., National Memorial, Incorporated......110301 through 1199...................................................Reserved Korean War Veterans Association, Incorporated.....................120101 through 1299...................................................Reserved Ladies of the Grand Army of the Republic..........................130101 Legion of Valor of the United States of America, Incorporated.....130301 Little League Baseball, Incorporated..............................130501 through 1399...................................................Reserved Marine Corps League...............................................140101 The Military Chaplains Association of the United States of America140301 Military Officers Association of America..........................140401 Military Order of the Purple Heart of the United States of America, Incorporated......................................................140501 Military Order of the World Wars..................................140701 through 1499...................................................Reserved National Academy of Public Administration.........................150101 National Academy of Sciences......................................150301 National Conference of State Societies, Washington, District of Co150501 National Conference on Citizenship................................150701 National Council on Radiation Protection and Measurements.........150901 National Education Association of the United States...............151101 National Fallen Firefighters Foundation...........................151301 National Federation of Music Clubs................................151501 National Film Preservation Foundation.............................151701 National Fund for Medical Education...............................151901 National Mining Hall of Fame and Museum...........................152101 National Music Council............................................152301 National Recording Preservation Foundation........................152401 National Safety Council...........................................152501 National Ski Patrol System, Incorporated..........................152701 National Society, Daughters of the American Colonists.............152901 The National Society of the Daughters of the American Revolution..153101 National Society of the Sons of the American Revolution...........153301 National Tropical Botanical Garden................................153501 National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic..........................................................153701 The National Yeomen (F)...........................................153901 Naval Sea Cadet Corps.............................................154101 Navy Club of the United States of America.........................154301 Navy Wives Clubs of America.......................................154501 Non Commissioned Officers Association of the United States of America, Incorporated......................................................154701 through 1599...................................................Reserved through 1699...................................................Reserved Paralyzed Veterans of America.....................................170101 Pearl Harbor Survivors Association................................170301 Polish Legion of American Veterans, U.S.A.........................170501 through 1799...................................................Reserved through 1899...................................................Reserved Reserve Officers Association of the United States.................190101 Retired Enlisted Association, Incorporated........................190301 through 1999...................................................Reserved Society of American Florists and Ornamental Horticulturists.......200101 Sons of Union Veterans of the Civil War...........................200301 through 2099...................................................Reserved Theodore Roosevelt Association....................................210101 369th Veterans' Association.......................................210301 through 2199...................................................Reserved United Service Organizations, Incorporated........................220101 United States Capitol Historical Society..........................220301 United States Olympic Committee...................................220501 United States Submarine Veterans of World War II..................220701 through 2299...................................................Reserved Veterans of Foreign Wars of the United States.....................230101 Veterans of World War I of the United States of America, Incorpora230301 Vietnam Veterans of America, Inc..................................230501 through 2399...................................................Reserved Women's Army Corps Veterans' Association..........................240101 through 2499...................................................Reserved through 2599...................................................Reserved through 2699...................................................Reserved through 2799...................................................Reserved ``Subtitle III--Treaty Obligation Organizations The American National Red Cross................................300101''. (2) Tables of contents of subtitles.--Title 36, United States Code, is further amended as follows: (A) In the matter before chapter 1, after the heading ``Subtitle I--Patriotic and National Observances and Ceremonies'', strike ``Part A--Observances and Ceremonies'' and all that follows through President's Committee on Employment of People With Disabilities..2501''. (B) In the matter before chapter 101, after the heading ``Subtitle II--Patriotic and National Organizations'', strike ``Part A--General'' and all that follows through [Reserved].....................................................270101''. (C) In the matter before chapter 3001, after the heading ``Subtitle III--Treaty Obligation Organizations'', strike ``Chapter Sec. The American National Red Cross................................300101''. (b) Reserved Chapters.-- Title 36, United States Code, is further amended as follows: (1) In the matter before ``CHAPTER 301--BIG BROTHERS--BIG SISTERS OF AMERICA'', insert ``CHAPTERS 233 THROUGH 299--RESERVED''. (2) In the matter before ``CHAPTER 401--CATHOLIC WAR VETERANS OF THE UNITED STATES OF AMERICA, INCORPORATED'', insert ``CHAPTERS 313 THROUGH 399--RESERVED''. (3) In the matter before ``CHAPTER 501--DAUGHTERS OF UNION VETERANS OF THE CIVIL WAR 1861- 1865'', insert ``CHAPTERS 409 THROUGH 499--RESERVED''. (4) In the matter before ``CHAPTER 601--82ND AIRBORNE DIVISION ASSOCIATION, INCORPORATED'', insert ``CHAPTERS 505 THROUGH 599--RESERVED''. (5) In the matter before ``CHAPTER 701--FLEET RESERVE ASSOCIATION'', insert ``CHAPTERS 603 THROUGH 699--RESERVED''. (6) In the matter before ``CHAPTER 801--GENERAL FEDERATION OF WOMEN'S CLUBS'', insert ``CHAPTERS 711 THROUGH 799--RESERVED''. (7) In the matter before ``CHAPTER 1001--ITALIAN AMERICAN WAR VETERANS OF THE UNITED STATES'', strike ``CHAPTER 901--[RESERVED]'' and insert (before chapter 901 as renumbered and transferred by subsection (c)(6)(A)), ``CHAPTERS 807 THROUGH 899--RESERVED''. (8) In the matter before ``CHAPTER 1001--ITALIAN AMERICAN WAR VETERANS OF THE UNITED STATES'' insert (after chapter 901 as renumbered and transferred by subsection (c)(6)(A)) ``CHAPTERS 903 THROUGH 999--RESERVED''. (9) In the matter before ``CHAPTER 1101--JEWISH WAR VETERANS OF THE UNITED STATES OF AMERICA, INCORPORATED'', insert ``CHAPTERS 1003 THROUGH 1099--RESERVED''. (10) In the matter before ``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED'', insert ``CHAPTERS 1105 THROUGH 1199--RESERVED''. (11) In the matter before ``CHAPTER 1301--LADIES OF THE GRAND ARMY OF THE REPUBLIC'', insert ``CHAPTERS 1203 THROUGH 1299--RESERVED''. (12) In the matter before ``CHAPTER 1401--MARINE CORPS LEAGUE'', insert ``CHAPTERS 1307 THROUGH 1399--RESERVED''. (13) In the matter before ``CHAPTER 1501--NATIONAL ACADEMY OF PUBLIC ADMINISTRATION'', insert ``CHAPTERS 1409 THROUGH 1499--RESERVED''. (14) In the matter before ``CHAPTER 1701--PARALYZED VETERANS OF AMERICA'', strike ``CHAPTER 1601--[RESERVED]'' and insert ``CHAPTERS 1549 THROUGH 1599--RESERVED ``CHAPTERS 1601 THROUGH 1699--RESERVED''. (15) In the matter before ``CHAPTER 1901--RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES'', strike ``CHAPTER 1801--[RESERVED]'' and insert ``CHAPTERS 1707 THROUGH 1799--RESERVED ``CHAPTERS 1801 THROUGH 1899--RESERVED''. (16) In the matter before ``CHAPTER 2001--SOCIETY OF AMERICAN FLORISTS AND ORNAMENTAL HORTICULTURISTS'', insert ``CHAPTERS 1905 THROUGH 1999--RESERVED''. (17) In the matter before ``CHAPTER 2101--THEODORE ROOSEVELT ASSOCIATION'', insert ``CHAPTERS 2005 THROUGH 2099--RESERVED''. (18) In the matter before ``CHAPTER 2201--UNITED SERVICE ORGANIZATIONS, INCORPORATED'', insert ``CHAPTERS 2105 THROUGH 2199--RESERVED''. (19) In the matter before ``CHAPTER 2301--VETERANS OF FOREIGN WARS OF THE UNITED STATES'', insert ``CHAPTERS 2209 THROUGH 2299--RESERVED''. (20) In the matter before ``CHAPTER 2401--WOMEN'S ARMY CORPS VETERANS' ASSOCIATION'', insert ``CHAPTERS 2307 THROUGH 2399--RESERVED''. (21) In the matter before ``Subtitle III--Treaty Obligation Organizations'', strike ``CHAPTER 2501--[RESERVED] ``CHAPTER 2601--[RESERVED] ``CHAPTER 2701--[RESERVED]'' and insert ``CHAPTERS 2403 THROUGH 2499--RESERVED ``CHAPTERS 2501 THROUGH 2599--RESERVED ``CHAPTERS 2601 THROUGH 2699--RESERVED ``CHAPTERS 2701 THROUGH 2799--RESERVED''. (c) Other Technical Amendments to Title 36.--Title 36, United States Code, is further amended as follows: (1) National anthem, motto, floral emblem, march, and tree.-- In the heading for chapter 3, strike ``FLORAL EMBLEM MARCH'' and insert ``FLORAL EMBLEM, MARCH''. (2) United states holocaust memorial museum.--In section 2301(2), strike ``section 2306'' and insert ``section 2304''. (3) Corporation for the promotion of rifle practice and firearms safety.--In section 40706(a)-- (A) in the matter before paragraph (1), strike the dash appearing after ``the Secretary of the Army'' and insert a colon; (B) in paragraph (1), strike ``firearms'' and insert ``Firearms''; and (C) in paragraph (3), strike ``trophies'' and insert ``Trophies''. (4) Military officers association of america.--In section 140402, in the matter before paragraph (1), strike ``(a) General.--The purposes'' and insert ``The purposes''. (5) National film preservation foundation.--In section 151705(b), in the matter before paragraph (1), strike ``the the jurisdiction'' and insert ``the jurisdiction''. (6) Help america vote foundation.-- (A) Renumbering and transfer of chapter.--Chapter 1526 is renumbered as chapter 901 and transferred so as to appear after ``CHAPTERS 807 THROUGH 899--RESERVED'' (as inserted by subsection (b)(7)). (B) Renumbering of sections.--In chapter 901, as renumbered by subparagraph (A), and in the chapter analysis, sections 152601 through 152612 are renumbered as sections 90101 through 90112, respectively. (C) Conforming amendment.--In section 90109, as renumbered by subparagraph (B), strike ``section 152602'' and insert ``section 90102''. (7) National tropical botanical garden.--At the end of the chapter table of contents for chapter 1535, insert-- ``153514. Authorization of appropriations.''. (8) National yeomen (f).-- (A) In the heading for chapter 1539, strike ``YOEMEN F'' and insert ``YEOMEN (F)''. (B) In section 153901, strike ``Yoemen F'' and insert ``Yeomen (F)''. (C) In paragraphs (1) and (2) of section 153902, strike ``Yoemen (f)'' and insert ``Yeomen (F)''. Passed the House of Representatives December 5, 2012. Attest: KAREN L. HAAS, Clerk.", "summary": "Amends title 36 of the United States Code (Patriotic and National Observances, Ceremonies, and Organizations) to revise and expand the tables of contents for such title and its subtitles, revise the formatting of the chapter headings, and make technical corrections to subtitle and chapter headings."}
{"article": "SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Hazard Reporting Protection Act of 1999''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made in a section or other provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) SEC. 2. EMPLOYEE ACTIONS. Section 11(c)(1) (29 U.S.C. 660(c)(1) is amended by adding at the end the following: ``including reporting any injury, illness or unsafe condition.'' SEC. 3. PROHIBITION OF DISCRIMINATION. Section 11(c) (29 U.S.C. 660(c)) is amended by striking out paragraph (2) and inserting in lieu thereof the following: ``(2) No person shall discharge or in any manner discriminate against an employee for refusing to perform the employee's duties when the employee has a reasonable apprehension that performing such duties would result in serious injury or serious impairment of health to the employee or other employees. The circumstances causing the employee's apprehension of serious injury must be of such a nature that a reasonable person would conclude that there is a danger of serious injury or serious impairment of health. In order to qualify for protection, where possible, the employee must have communicated to his employer the danger perceived.''. SEC. 4. PROCEDURE. Section 11(c) (29 U.S.C. 660(c)) is amended by striking out paragraph (3) and inserting in lieu thereof the following: ``(3) Any employee who believes that he has been discharged, disciplined, or otherwise discriminate against in violation of paragraph (1) or (2) may, within 180 days after such alleged violation occurs, file (or have filed by any person on the employee's behalf) a complaint with the Secretary alleging such discharge, discipline, or discrimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint. ``(4)(A) Within 90 days of receipt of a complaint filed under paragraph (3), the Secretary shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify the complainant and the person alleged to have committed the violation of paragraph (1) or (2) of the Secretary's findings. Where the Secretary has concluded that there is reasonable cause to believe that a violation has occurred, the Secretary's findings shall be accompanied by a preliminary order providing the relief prescribed by paragraph (D). ``Thereafter, ``(i) the person alleged to have committed the violation or the complainant may, within 30 days, file objections to the findings or preliminary order, or both, and request a hearing on the record, except that the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. ``(ii) Where a hearing is not timely requested, the preliminary order shall be deemed a final order which is not subject to judicial review. ``(B) If the Secretary has not issued findings under paragraph (4)(A) within 90 days, and the employee or representative of the employee files a request for a hearing with the Secretary, the Secretary shall afford an opportunity for a hearing on the record. ``(C) When requested, a hearing shall be conducted by an administrative law judge of the Department of Labor and a recommended decision and order issued expeditiously. The legal burdens of proof that prevail under section 1221 of title 5, United States Code, shall govern adjudication of violations under this subsection. The Secretary shall issue a final order within 120 days of the issuance of the recommended decision. In the interim, such proceedings may be terminated at any time on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation. ``(D) If, in response to a complaint filed under paragraph (3), the Secretary determines that a violation of paragraphs (1) or (2) has occurred, the Secretary may order-- ``(i) the person who committed such violation to correct the violation, ``(ii) such person to reinstate the complainant to the complainant's former position together with the compensation (including back pay), terms, conditions, and privileges of the position, ``(iii) compensatory damages, and ``(iv) exemplary damages. Upon issuance of such an order, the Secretary may assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorney's fees and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued, including costs and expenses incurred upon review before a court of appeals. ``(E) In conducting an investigation or adjudication under this paragraph, the provisions of section 8(b) of this act shall apply. ``(5)(A) Any person adversely affected or aggrieved by a final order issued under paragraph (4)(C) may obtain review of the order before the United States court of appeals for the circuit in which the violation, with respect to which the order was issued, occurred, or the circuit in which such person resided on the date of such violation. The petition for review must be filed within 60 days from the issuance of the Secretary's order. Such review shall be in accordance with the provisions of chapter 7 of title 5, United States Code. An order of the Secretary subject to review under this subsection is not subject to judicial review in a criminal or other civil proceeding. The commencement proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary. ``(B) Whenever a person has failed to comply with a final order or an order of reinstatement issued under paragraph (4), the Secretary or the person on behalf of whom the order was issued may file a civil action in the United States district court for the district in which the violation was found to occur in order to enforce such order. In actions brought under this subparagraph, the district court shall have jurisdiction to grant additional appropriate relief in light of the noncompliance.''. SEC. 5. EFFECTIVE DATE. This Act shall take effect ninety days after the date of enactment of this Act.", "summary": "Hazard Reporting Protection Act of 1999 - Amends the Occupational Safety and Health Act of 1970 to revise and expand protections for employees reporting workplace hazards to the Occupational Safety and Health Administration. Includes reporting any injury, illness or unsafe condition among those employee actions in exercise of their rights under the Act for which employers are prohibited from discharging or otherwise discriminating against them. Prohibits discharging or discriminating against an employee for refusing to perform the employee's duties when the employee has a reasonable apprehension that performing such duties would result in serious injury or serious impairment of health to the employee or other employees. Allows discrimination complaints to be filed by other persons on behalf of employees, or directly by employees. Extends from 30 to 180 days the deadline for filing a complaint after an alleged violation. Requires a preliminary order providing relief to accompany any findings of the Secretary of Labor that there is reasonable cause to believe that a violation has occurred. Authorizes the Secretary to order various types of preliminary and final relief, including correction of violations, reinstatement, compensatory and exemplary damages, and payment of legal costs. Sets forth administrative and judicial review procedures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Start Healthy, Stay Healthy Act of 2005''. SEC. 2. STATE OPTION TO EXPAND OR ADD COVERAGE OF CERTAIN PREGNANT WOMEN UNDER MEDICAID AND SCHIP. (a) Medicaid.-- (1) Authority to expand coverage.--Section 1902(l)(2)(A)(i) of the Social Security Act (42 U.S.C. 1396a(l)(2)(A)(i)) is amended by inserting ``(or such higher percent as the State may elect for purposes of expenditures for medical assistance for pregnant women described in section 1905(u)(4)(A))'' after ``185 percent''. (2) Enhanced matching funds available if certain conditions met.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (A) in the fourth sentence of subsection (b), by striking ``or subsection (u)(3)'' and inserting ``, (u)(3), or (u)(4)''; and (B) in subsection (u)-- (i) by redesignating paragraph (4) as paragraph (5); and (ii) by inserting after paragraph (3) the following: ``(4) For purposes of the fourth sentence of subsection (b) and section 2105(a), the expenditures described in this paragraph are the following: ``(A) Certain pregnant women.--If the conditions described in subparagraph (B) are met, expenditures for medical assistance for pregnant women described in subsection (n) or under section 1902(l)(1)(A) in a family the income of which exceeds the effective income level (expressed as a percent of the poverty line and considering applicable income disregards) that has been specified under subsection (a)(10)(A)(i)(III) or (l)(2)(A) of section 1902, as of January 1, 2005, but does not exceed the income eligibility level established under title XXI for a targeted low-income child. ``(B) Conditions.--The conditions described in this subparagraph are the following: ``(i) The State plans under this title and title XXI do not provide coverage for pregnant women described in subparagraph (A) with higher family income without covering such pregnant women with a lower family income. ``(ii) The State does not apply an effective income level for pregnant women that is lower than the effective income level (expressed as a percent of the poverty line and considering applicable income disregards) that has been specified under the State plan under subsection (a)(10)(A)(i)(III) or (l)(2)(A) of section 1902, as of January 1, 2005, to be eligible for medical assistance as a pregnant woman. ``(C) Definition of poverty line.--In this subsection, the term `poverty line' has the meaning given such term in section 2110(c)(5).''. (3) Payment from title xxi allotment for medicaid expansion costs; elimination of counting medicaid child presumptive eligibility costs against title xxi allotment.--Section 2105(a)(1) of the Social Security Act (42 U.S.C. 1397ee(a)(1)) is amended-- (A) in the matter preceding subparagraph (A), by striking ``(or, in the case of expenditures described in subparagraph (B), the Federal medical assistance percentage (as defined in the first sentence of section 1905(b)))''; and (B) by striking subparagraph (B) and inserting the following: ``(B) for the provision of medical assistance that is attributable to expenditures described in section 1905(u)(4)(A);''. (4) Additional amendments to medicaid.-- (A) Eligibility of a newborn.--Section 1902(e)(4) of the Social Security Act (42 U.S.C. 1396a(e)(4)) is amended in the first sentence by striking ``so long as the child is a member of the woman's household and the woman remains (or would remain if pregnant) eligible for such assistance''. (B) Application of qualified entities to presumptive eligibility for pregnant women under medicaid.--Section 1920(b) of the Social Security Act (42 U.S.C. 1396r-1(b)) is amended by adding at the end after and below paragraph (2) the following flush sentence: ``The term `qualified provider' includes a qualified entity as defined in section 1920A(b)(3).''. (b) SCHIP.-- (1) Coverage.--Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) is amended by adding at the end the following: ``SEC. 2111. OPTIONAL COVERAGE OF TARGETED LOW-INCOME PREGNANT WOMEN. ``(a) Optional Coverage.--Notwithstanding any other provision of this title, a State may provide for coverage, through an amendment to its State child health plan under section 2102, of pregnancy-related assistance for targeted low-income pregnant women in accordance with this section, but only if the State meets the conditions described in section 1905(u)(4)(B). ``(b) Definitions.--For purposes of this title: ``(1) Pregnancy-related assistance.--The term `pregnancy- related assistance' has the meaning given the term child health assistance in section 2110(a) as if any reference to targeted low-income children were a reference to targeted low-income pregnant women, except that the assistance shall be limited to services related to pregnancy (which include prenatal, delivery, and postpartum services and services described in section 1905(a)(4)(C)) and to other conditions that may complicate pregnancy. ``(2) Targeted low-income pregnant woman.--The term `targeted low-income pregnant woman' means a woman-- ``(A) during pregnancy and through the end of the month in which the 60-day period (beginning on the last day of her pregnancy) ends; ``(B) whose family income exceeds the effective income level (expressed as a percent of the poverty line and considering applicable income disregards) that has been specified under subsection (a)(10)(A)(i)(III) or (l)(2)(A) of section 1902, as of January 1, 2005, to be eligible for medical assistance as a pregnant woman under title XIX but does not exceed the income eligibility level established under the State child health plan under this title for a targeted low-income child; and ``(C) who satisfies the requirements of paragraphs (1)(A), (1)(C), (2), and (3) of section 2110(b). ``(c) References to Terms and Special Rules.--In the case of, and with respect to, a State providing for coverage of pregnancy-related assistance to targeted low-income pregnant women under subsection (a), the following special rules apply: ``(1) Any reference in this title (other than in subsection (b)) to a targeted low-income child is deemed to include a reference to a targeted low-income pregnant woman. ``(2) Any such reference to child health assistance with respect to such women is deemed a reference to pregnancy- related assistance. ``(3) Any such reference to a child is deemed a reference to a woman during pregnancy and the period described in subsection (b)(2)(A). ``(4) In applying section 2102(b)(3)(B), any reference to children found through screening to be eligible for medical assistance under the State medicaid plan under title XIX is deemed a reference to pregnant women. ``(5) There shall be no exclusion of benefits for services described in subsection (b)(1) based on any preexisting condition and no waiting period (including any waiting period imposed to carry out section 2102(b)(3)(C)) shall apply. ``(6) Subsection (a) of section 2103 (relating to required scope of health insurance coverage) shall not apply insofar as a State limits coverage to services described in subsection (b)(1) and the reference to such section in section 2105(a)(1)(C) is deemed not to require, in such case, compliance with the requirements of section 2103(a). ``(7) In applying section 2103(e)(3)(B) in the case of a pregnant woman provided coverage under this section, the limitation on total annual aggregate cost-sharing shall be applied to the entire family of such pregnant woman. ``(d) Automatic Enrollment for Children Born to Women Receiving Pregnancy-Related Assistance.--If a child is born to a targeted low- income pregnant woman who was receiving pregnancy-related assistance under this section on the date of the child's birth, the child shall be deemed to have applied for child health assistance under the State child health plan and to have been found eligible for such assistance under such plan or to have applied for medical assistance under title XIX and to have been found eligible for such assistance under such title, as appropriate, on the date of such birth and to remain eligible for such assistance until the child attains 1 year of age. During the period in which a child is deemed under the preceding sentence to be eligible for child health or medical assistance, the child health or medical assistance eligibility identification number of the mother shall also serve as the identification number of the child, and all claims shall be submitted and paid under such number (unless the State issues a separate identification number for the child before such period expires).''. (2) Additional allotments for providing coverage of pregnant women.-- (A) In general.--Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is amended by inserting after subsection (c) the following: ``(d) Additional Allotments for Providing Coverage of Pregnant Women.-- ``(1) Appropriation; total allotment.--For the purpose of providing additional allotments to States under this title, there is appropriated, out of any money in the Treasury not otherwise appropriated, for each of fiscal years 2006 and 2007, $200,000,000. ``(2) State and territorial allotments.--In addition to the allotments provided under subsections (b) and (c), subject to paragraphs (3) and (4), of the amount available for the additional allotments under paragraph (1) for a fiscal year, the Secretary shall allot to each State with a State child health plan approved under this title-- ``(A) in the case of such a State other than a commonwealth or territory described in subparagraph (B), the same proportion as the proportion of the State's allotment under subsection (b) (determined without regard to subsection (f)) to the total amount of the allotments under subsection (b) for such States eligible for an allotment under this paragraph for such fiscal year; and ``(B) in the case of a commonwealth or territory described in subsection (c)(3), the same proportion as the proportion of the commonwealth's or territory's allotment under subsection (c) (determined without regard to subsection (f)) to the total amount of the allotments under subsection (c) for commonwealths and territories eligible for an allotment under this paragraph for such fiscal year. ``(3) Use of additional allotment.--Additional allotments provided under this subsection are not available for amounts expended before October 1, 2005. Such amounts are available for amounts expended on or after such date for child health assistance for targeted low-income children, as well as for pregnancy-related assistance for targeted low-income pregnant women. ``(4) No payments unless election to expand coverage of pregnant women.--No payments may be made to a State under this title from an allotment provided under this subsection unless the State provides pregnancy-related assistance for targeted low-income pregnant women under this title, or provides medical assistance for pregnant women under title XIX, whose family income exceeds the effective income level applicable under subsection (a)(10)(A)(i)(III) or (l)(2)(A) of section 1902 to a family of the size involved as of January 1, 2005.''. (B) Conforming amendments.--Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is amended-- (i) in subsection (a), in the matter preceding paragraph (1), by inserting ``subject to subsection (d),'' after ``under this section,''; (ii) in subsection (b)(1), by inserting ``and subsection (d)'' after ``Subject to paragraph (4)''; and (iii) in subsection (c)(1), by inserting ``subject to subsection (d),'' after ``for a fiscal year,''. (3) Presumptive eligibility under title xxi.-- (A) Application to pregnant women.--Section 2107(e)(1)(D) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended to read as follows: ``(D) Sections 1920 and 1920A (relating to presumptive eligibility).''. (B) Exception from limitation on administrative expenses.--Section 2105(c)(2) of the Social Security Act (42 U.S.C. 1397ee(c)(2)) is amended by adding at the end the following new subparagraph: ``(C) Exception for presumptive eligibility expenditures.--The limitation under subparagraph (A) on expenditures shall not apply to expenditures attributable to the application of section 1920 or 1920A (pursuant to section 2107(e)(1)(D)), regardless of whether the child or pregnant woman is determined to be ineligible for the program under this title or title XIX.''. (4) Additional amendments to title xxi.-- (A) No cost-sharing for pregnancy-related services.--Section 2103(e)(2) of the Social Security Act (42 U.S.C. 1397cc(e)(2)) is amended-- (i) in the heading, by inserting ``or pregnancy-related services'' after ``Preventive services''; and (ii) by inserting before the period at the end the following: ``or for pregnancy-related services''. (B) No waiting period.--Section 2102(b)(1)(B) of the Social Security Act (42 U.S.C. 1397bb(b)(1)(B)) is amended-- (i) by striking ``, and'' at the end of clause (i) and inserting a semicolon; (ii) by striking the period at the end of clause (ii) and inserting ``; and''; and (iii) by adding at the end the following: ``(iii) may not apply a waiting period (including a waiting period to carry out paragraph (3)(C)) in the case of a targeted low-income pregnant woman.''. (c) Effective Date.--The amendments made by this section apply to items and services furnished on or after October 1, 2005, without regard to whether regulations implementing such amendments have been promulgated. SEC. 3. COORDINATION WITH THE MATERNAL AND CHILD HEALTH PROGRAM. (a) In General.--Section 2102(b)(3) of the Social Security Act (42 U.S.C. 1397bb(b)(3)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by striking the period and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) that operations and activities under this title are developed and implemented in consultation and coordination with the program operated by the State under title V in areas including outreach and enrollment, benefits and services, service delivery standards, public health and social service agency relationships, and quality assurance and data reporting.''. (b) Conforming Medicaid Amendment.--Section 1902(a)(11) of such Act (42 U.S.C. 1396a(a)(11)) is amended-- (1) by striking ``and'' before ``(C)''; and (2) by inserting before the semicolon at the end the following: ``, and (D) provide that operations and activities under this title are developed and implemented in consultation and coordination with the program operated by the State under title V in areas including outreach and enrollment, benefits and services, service delivery standards, public health and social service agency relationships, and quality assurance and data reporting''. (c) Effective Date.--The amendments made by this section take effect on January 1, 2006. SEC. 4. INCREASE IN SCHIP INCOME ELIGIBILITY. (a) Definition of Low-Income Child.--Section 2110(c)(4) of the Social Security Act (42 U.S.C. 42 U.S.C. 1397jj(c)(4)) is amended by striking ``200'' and inserting ``250''. (b) Effective Date.--The amendment made by subsection (a) applies to child health assistance provided, and allotments determined under section 2104 of the Social Security Act (42 U.S.C. 1397dd) for fiscal years beginning with fiscal year 2006.", "summary": "Start Healthy, Stay Healthy Act of 2005- Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to give States new options to: (1) cover low-income pregnant women; and (2) provide for coordination of SCHIP with the Maternal and Child Health Program under SSA title V. Provides for an increase in SCHIP income eligibility."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Oklahoma City Victims Compensation Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) on April 19, 1995, Public Law 100-440 set a minimum staffing level of Federal Police Officers at 1,000 Full Time Equivalent personnel for the Federal Protective Service; (2) on April 19, 1995, and before the Federal Protective Service and its parent agency the General Services Administration was charged with providing security and law enforcement for Federal properties; (3) on April 19, 1995, and before that the Federal Protective Service failed to meet the required minimum staffing level by a significant margin in excess of 60 percent of the mandate; (4) on April 29, 1995, and before the Federal Protective Service provided only one non-law enforcement guard for three or more buildings (including the Murrah Federal Building) in the downtown area of Oklahoma City; (5) on April 19, 1995, and before the Federal Protective Service and its parent Agency the General Services Administration were aware of the noncompliance with Public Law 100-440 and the possible liabilities resulting therefrom; (6) on April 19, 1995, and before the Federal Protective Service and its parent Agency the General Services Administration failed to provide adequate protection and deterrence to Federal properties; and (7) on April 19, 1995, the Federal Protective Service and its parent agency the General Services Administration were negligent in the provision of law enforcement personnel and the security needs of the Murrah Federal Building in Oklahoma City, Oklahoma. SEC. 3. DEFINITIONS. In this Act the following definitions apply: (1) Claimant.--The term ``claimant'' means an individual filing a claim for compensation under section 5(a)(1). (2) Collateral source.--The term ``collateral source'' means all collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the bombings of the Murrah Federal Building on April 19, 1995. (3) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (4) Eligible individuals.--The term ``eligible individuals'' means an individual determined to be eligible for compensation under section 5(c). (5) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (6) Special master.--The term ``Special Master'' means the Special Master appointed under section 404(a) of the September 11th Victim Compensation Fund of 2001 (title IV of the Air Transportation Safety and System Stabilization Act (Public Law 107-42; 115 Stat. XX)). SEC. 4. PURPOSE. It is the purpose of this Act to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the bombing of the Murrah Federal Building in Oklahoma City, Oklahoma, on April 19, 1995. SEC. 5. ADMINISTRATION. (a) In General.--The Attorney General, acting through the Special Master, shall-- (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for the Special Master in carrying out this Act. SEC. 6. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (a) Filing of Claims.-- (1) In general.--A claimant may file a claim for compensation under this Act with the Special Master. The claim shall be on the form developed under paragraph (2) and shall state the factual basis for eligibility for compensation and the amount of compensation sought. (2) Claim form.-- (A) In general.--The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. (B) Contents.--The form developed under subparagraph (A) shall request-- (i) information from the claimant concerning the physical harm that the claimant suffered, or in the case of a claim filed on behalf of a decedent information confirming the decedent's death, as a result of the bombing of the Murrah Federal Building in Oklahoma City, Oklahoma, on April 19, 1995; (ii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such bombings; and (iii) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such bombings. (3) Limitation.--No claim may be filed under paragraph (1) after the date that is 2 years after the date on which regulations are promulgated under section 8. (b) Review and Determination.-- (1) Review.--The Special Master shall review a claim submitted under subsection (a) and determine-- (A) whether the claimant is an eligible individual under subsection (c); (B) with respect to a claimant determined to be an eligible individual-- (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. (2) Negligence.--With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability. (3) Determination.--Not later than 120 days after that date on which a claim is filed under subsection (a), the Special Master shall complete a review, make a determination, and provide written notice to the claimant, with respect to the matters that were the subject of the claim under review. Such a determination shall be final and not subject to judicial review. (4) Rights of claimant.--A claimant in a review under paragraph (1) shall have-- (A) the right to be represented by an attorney; (B) the right to present evidence, including the presentation of witnesses and documents; and (C) any other due process rights determined appropriate by the Special Master. (c) Eligibility.-- (1) In general.--A claimant shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant-- (A) is an individual described in paragraph (2); and (B) meets the requirements of paragraph (3). (2) Individuals.--A claimant is an individual described in this paragraph if the claimant is-- (A) a citizen of the United States or legal permanent resident who-- (i) was present at the Murrah Federal Building or within a two block radius of the Murrah Federal Building, at the time, or in the immediate aftermath, of the bombing of the Murrah Federal Building in Oklahoma City, Oklahoma, on April 19, 1995; and (ii) suffered physical harm or death as a result of such a bombing; or (B) in the case of a decedent who is an individual described in subparagraph (A), the personal representative of the decedent who files a claim on behalf of the decedent. (3) Requirements.-- (A) Single claim.--Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual. (B) Limitation on civil action.-- (i) In general.--Upon the submission of a claim under this Act, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the bombing of the Murrah Federal Building in Oklahoma City, Oklahoma, on April 19, 1995. The preceding sentence does not apply to a civil action to recover collateral source obligations or punitive damages. (ii) Pending actions.--In the case of an individual who is a party to a civil action described in clause (i), such individual may not submit a claim under this Act unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 7. SEC. 7. PAYMENTS TO ELIGIBLE INDIVIDUALS. (a) In general.--Not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this Act, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. (b) Payment Authority.--This Act constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of amounts for compensation under this Act. (c) Additional Funding.-- (1) In general.--The Attorney General is authorized to accept such amounts as may be contributed by individuals, business concerns, or other entities to carry out this Act, under such terms and conditions as the Attorney General may impose. (2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. SEC. 8. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this Act, including regulations with respect to-- (1) forms to be used in submitting claims under this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this Act; and (5) other matters determined appropriate by the Attorney General. SEC. 9. RIGHT OF SUBROGATION. The United States shall have the right of subrogation with respect to any claim paid by the United States under this Act.", "summary": "Oklahoma City Victims Compensation Act - Establishes a program to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the bombing of the Murrah Federal Building in Oklahoma City, Oklahoma, on April 19, 1995.Directs the Attorney General, acting through the Special Master appointed under the September 11th Victim Compensation Fund of 2001, to administer the program, requiring determinations of claims within 120 days and payment within 20 days of determination. States that such determinations are final and not subject to judicial review.Limits claims to one per injured person or decedent and excludes claimants from pursuing civil action for damages, as specified.Grants the United States the right of subrogation with respect to any claim paid by the United States under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``School Security Improvement Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) independent studies have shown that the safety and discipline of students in public school systems are ranked as the top 2 concerns of the public with respect to matters relating to the administration of public school systems; (2) administrators of public school systems must be given the resources necessary to ensure that the students and the personnel of such systems are provided educational and working environments that are safe and orderly; and (3) if the misconduct of a student who is a child with a disability is not a manifestation of a disability of the student, the student should be subject to the same disciplinary measures that are provided in the rules or code of conduct of an educational entity for a student who is a child without a disability, including a disciplinary measure such as a cessation of educational services. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to permit educational entities to use fair disciplinary measures against all students, including children with disabilities; and (2) to require educational entities-- (A) to include in the educational record of a student who is a child with a disability or a student who is a child without a disability a statement of disciplinary measures taken against the student; and (B) to transmit the statement with the educational record of the student to other educational entities if the student transfers from an elementary school or secondary school (as the terms are defined in section 602(c)) to another such school. SEC. 4. DISCIPLINE OF STUDENTS WHO ARE CHILDREN WITH DISABILITIES. (a) Maintenance of Disciplinary Records.--Section 612 of the Individuals with Disabilities Education Act (20 U.S.C. 1412) is amended by adding at the end the following: ``(8) The State has in effect a State law that requires State educational agencies, local educational agencies, and intermediate educational units-- ``(A) to include in the educational record of a child with a disability or a child without a disability a statement of any disciplinary measure taken against the child that results in an out-of-school suspension of more than 10 days or an expulsion from school; and ``(B) in a case in which the child with a disability or the child without a disability is transferred from an elementary school or secondary school (as the terms are defined in section 602(c), or section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), whichever are applicable) to another such school (in the State or in another State), to transmit the statement with the educational record to other educational entities involved with such a transfer. The statement described in subparagraph (A) for a child with a disability or a child without a disability may include a description of any behavior engaged in by the child that required a disciplinary measure, a description of the disciplinary measure taken against the child, and any other information that is relevant to the safety of the child and the individuals involved with the child.''. (b) Disciplinary Measures.-- (1) Use of disciplinary measures when the behavior of a child is not a manifestation of the disability of the child.-- Part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) is amended by inserting after section 615 the following: ``SEC. 615A. USE OF DISCIPLINARY MEASURES WHEN THE BEHAVIOR OF A CHILD IS NOT A MANIFESTATION OF THE DISABILITY OF THE CHILD. ``(a) In General.--A State educational agency, a local educational agency, or an intermediate educational unit may use a long-term disciplinary measure to address the behavior of a child with a disability that is a violation of the rules or code of conduct of such an educational entity, if-- ``(1) the behavior was not a manifestation of the disability of the child; and ``(2) the long-term disciplinary measure applies to the child with a disability to the same extent the long-term disciplinary measure applies to a child without a disability who engages in the same behavior. ``(b) Provision of Educational Services.--In the case of a child with a disability who engages in behavior that violates the rules or code of conduct of an educational entity described in subsection (a), the child shall continue to receive educational services in accordance with this Act, unless-- ``(1) the behavior of the child was not a manifestation of the disability of the child; and ``(2) the policy of the educational entity is to cease educational services to any child determined to be engaged in such behavior. ``(c) Construction.--Nothing in this section shall be construed to limit the rights provided for children with disabilities under section 615. ``(d) Definition.--In this section, the term `long-term disciplinary measure' means a disciplinary action that is carried out by an educational entity described in subsection (a) for a period of more than 10 school days.''. (2) Alternative Educational Placement for Threatening Behavior.--Section 615(e)(3)(B)(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(e)(3)(B)(i)) is amended by striking ``jurisdiction of such agency,'' and inserting ``jurisdiction of such agency or is determined by a hearing officer to have been engaged in behavior in such school that posed a threat to the safety of individuals involved with the child,''. (c) Definitions.--Section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401) is amended by adding at the end the following: ``(c) In sections 612(8) and 615A, the term `child without a disability' means an individual-- ``(1) who is enrolled in an elementary school or secondary school (as the terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); and ``(2) who is not a child with a disability.''. SEC. 5. SENSE OF THE SENATE. (a) Findings.--Congress finds that-- (1) when Congress enacted the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), Congress made a commitment to provide funding for the State grant program under the Act at a level of 40 percent of the national average per- pupil expenditure; and (2) since the enactment of such Act, Congress has only funded the State grant program at 7 percent of the national average per-pupil expenditure. (b) Sense of the Senate.--It is the sense of the Senate that Congress should follow through on its original funding commitment and provide funding for the State grant program under the Individuals with Disabilities Education Act at the level of 40 percent of the national average per-pupil expenditure.", "summary": "School Security Improvement Act of 1997 - Amends the Individuals with Disabilities Education Act (IDEA) to require educational entities to include, in the educational records of students who are children with disabilities and students who are children without disabilities, documentation with regard to disciplinary measures taken against them. Permits the use of long-term disciplinary measures against students who are children with disabilities. Requires continuing provision of educational services to children with disabilities who engage in behavior that violates an educational entity's rules or code of conduct, unless such behavior is not a manifestation of their disabilities, and it is the entity's policy to cease educational services to any child engaged in such behavior. Expresses the sense of the Senate that the Congress should follow through on its original commitment and provide funding for the IDEA State grant program at the level of 40 percent of the national average per-pupil expenditure."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Laboratory Technology Maturation Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Small business concern.--The term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. ESTABLISHMENT OF TECHNOLOGY MATURATION GRANT PROGRAM. (a) In General.--The Secretary shall establish the National Laboratory technology maturation program under which the Secretary shall make grants to National Laboratories for the purpose of increasing the successful transfer of technologies licensed from National Laboratories to small business concerns by providing a link between an innovative process or technology and a practical application with potential to be successful in commercial markets. (b) Application for Grant From the Secretary.-- (1) In general.--Each National Laboratory that elects to apply for a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents.--In an application submitted under this subsection, a National Laboratory shall describe how the National Laboratory will-- (A) manage a technology maturation program; (B) encourage small business concerns, with an emphasis on businesses in the region in which the National Laboratory is located, to participate in the technology maturation program; (C) select small business concerns and technologies to participate in the technology maturation program using a selection board (referred to in this section as the ``selection board'') made up of technical and business members, including venture capitalists and investors; and (D) measure the results of the program and the return on investment, including-- (i) the number of technologies licensed to small business concerns; (ii) the number of new small business concerns created; (iii) the number of jobs created or retained; (iv) sales of the licensed technologies; (v) the change in average salaries paid by the participating small business concerns; and (vi) any additional external investment attracted by participating small business concerns. (c) Maximum Grant.--The maximum amount of a grant received by a National Laboratory under subsection (a) shall be $5,000,000 for each fiscal year. (d) Vouchers to Small Business Concerns From National Laboratories.-- (1) In general.--A National Laboratory receiving a grant under subsection (a) shall use the grant funds to provide vouchers to small business concerns that hold a technology license from a National Laboratory to pay the cost of providing assistance from scientists and engineers at the National Laboratory to assist in the development of the licensed technology and further develop related products and services until the products and services are market-ready or sufficiently developed to attract private investment. (2) Use of voucher funds.--A small business concern receiving a voucher under paragraph (1) may use the voucher-- (A) to gain access to special equipment or facilities at the National Laboratory that awarded the voucher; (B) to partner with the National Laboratory on a commercial prototype; and (C) to perform early-stage feasibility or later- stage field testing. (3) Eligible projects.--A National Laboratory receiving a grant under subsection (a) may provide a voucher to small business concerns and partnerships between a small business concern and an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) for projects-- (A) involving-- (i) commercial prototypes; (ii) scale-up and field demonstrations; or (iii) other activities that move the technology closer to successful commercialization; and (B) that do not exceed 1 year. (4) Application for voucher from national laboratory.--Each small business concern that holds a technology license from a National Laboratory that elects to apply for a voucher under paragraph (1) shall submit an application to the selection board at such time, in such manner, and containing such information as the selection board may reasonably require. (5) Criteria.--The selection board may award vouchers based on-- (A) the technological and commercial viability of the project for commercial success; (B) a significant opportunity for new company formation or growth of an existing company in the region in which the National Laboratory is located; (C) access to a strong, experienced business and technical team; (D) clear, market-driven milestones for the project that connect to an ability to leverage matching funds from other sources; (E) a clear path for commercialization; (F) identification of a profitable market; (G) the potential to enhance the technology-driven economy of the region in which the National Laboratory is located; (H) availability and source of matching funds for the project; and (I) compatibility with the mission of the National Laboratory. (6) Maximum voucher.--The maximum amount of a voucher received by a small business concern under paragraph (1) shall be $250,000. (7) Progress tracking.-- (A) In general.--The National Laboratory that awards a voucher to carry out a project under paragraph (1) shall establish a procedure to monitor interim progress of the project toward commercialization milestones. (B) Termination of voucher.--If the National Laboratory determines that a project is not making adequate progress toward commercialization milestones under the procedure established pursuant to subparagraph (A), the project shall not continue to receive funding or assistance under this subsection. SEC. 4. ANNUAL REPORT. (a) In General.--Each National Laboratory receiving a grant under section 3 shall submit to the Secretary an annual report, at such time and in such manner as the Secretary may reasonably require. (b) Contents of Report.--The report submitted under subsection (a) shall-- (1) include a list of each recipient of a voucher and the amount of each voucher awarded; and (2) provide an estimate of the return on investment, including-- (A) the number of technologies licensed to small business concerns; (B) the number of new small business concerns created; (C) the number of jobs created or retained; (D) sales of the licensed technologies; (E) the change in average salaries paid by the participating small business concerns; and (F) any additional external investment attracted by participating small business concerns. SEC. 5. FINAL REPORT. Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Science, Space, and Technology of the House of Representatives a report on the results of the program established under section 3, including-- (1) the return on investment; and (2) any recommendations for improvements to the program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2015 through 2019.", "summary": "National Laboratory Technology Maturation Act of 2014 - Requires the Secretary of Energy (DOE) to establish the National Laboratory technology maturation program to make grants of up to $5 million per fiscal year to National Laboratories to increase the successful transfer of technologies licensed from National Laboratories to small businesses by providing a link between an innovative process or technology and a practical application with potential to be successful in commercial markets. Requires grant recipients to use the funds to provide vouchers of up to $250,000 each to small businesses that hold a technology license from a National Laboratory to pay the cost of providing assistance from its scientists and engineers to assist in the development of the licensed technology and further develop related products and services until they are market-ready or sufficiently developed to attract private investment. Requires a National Laboratory that awards a voucher to carry out such a project to: (1) establish a procedure to monitor interim progress of the project toward commercialization milestones, and (2) discontinue providing such funding or assistance if it determines that a project is not making adequate progress toward such milestones under the procedure."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``End Excessive Oil Speculation Now Act of 2011''. SEC. 2. ELIMINATION OF EXCESSIVE OIL SPECULATION. (a) Findings.--Congress finds that-- (1) the national average retail price for a gallon of gasoline was $3.75 on June 8, 2011; (2) increased gasoline prices are causing severe economic pain to the American people; (3) Congress has a responsibility-- (A) to ensure that gasoline prices at the pump reflect the fundamentals of supply and demand; and (B) to bring needed relief to consumers and businesses of the United States at the gas pump; (4) there is mounting evidence that the spike in gasoline prices has-- (A) little to do with the fundamentals of supply and demand; and (B) more to do with Wall Street speculators increasing oil and gas prices in the energy futures and swaps markets; (5) as of May 27, 2011-- (A) the supply of gasoline in the United States was higher than it was 2 years ago; and (B) the demand for gasoline was lower than it was 2 years ago when the national average for a gallon of regular unleaded gasoline was $2.44 a gallon; (6) on May 12, 2011, Exxon Mobil Chairman and Chief Executive Officer, Rex Tillerson, told the Committee on Finance of the Senate that oil should cost between $60 and $70 per barrel, if the price of oil was based on supply and demand fundamentals; (7) on March 21, 2011, Goldman Sachs warned clients that speculators were boosting crude oil prices by as much as $27 a barrel; (8) on March 25, 2011, Delta Airlines General Counsel, Ben Hirst, said that the marginal cost of oil production is between $60 to $70 a barrel; (9) in the summer of 2008, when gas prices rose to over $4 a gallon, Saudi Arabian government officials told the Federal Government that speculators were responsible for increasing oil prices by about $40 a barrel; (10) the Commodity Futures Trading Commission has the authority to ensure that the price discovery for oil and gasoline is based on the fundamentals of supply and demand, rather than excessive speculation; (11) title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8301 et seq.) (and amendments made by that Act) requires the Commission to establish position limits ``to diminish, eliminate, or prevent excessive speculation'' for trading in crude oil, gasoline, heating oil and other physical commodity derivatives; (12) as of the date of introduction of this Act, the Commission has failed to impose position limits to diminish, eliminate, or prevent excessive oil and gasoline speculation as required by law; and (13) the proposed position limits for derivatives that the Commission included in the notice of proposed rulemaking entitled ``Position Limits for Derivatives'' (76 Fed. Reg. 4752 (January 26, 2011)) are not scheduled to go into effect until the first quarter of 2012, which would-- (A) occur on a date that is later than the statutory deadline for the regulations; and (B) fail to diminish, eliminate, or prevent excessive speculation as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 1376). (b) Elimination of Excessive Oil Speculation.-- (1) Definitions.--In this Act: (A) Bona-fide hedge trading; bona-fide hedge transaction.--The terms ``bona-fide hedge trading'' and ``bona-fide hedge transaction'' means a transaction or position that-- (i)(I) represents a substitute for a transaction made or to be made, or a position taken or to be taken, at a later time in a physical marketing channel; (II) is economically appropriate for the reduction of risks in the conduct and management of a commercial enterprise; and (III) arises from the potential change in the value of-- (aa) assets that a person owns, produces, manufactures, processes, or merchandises or anticipates owning, producing, manufacturing, processing, or merchandising; (bb) liabilities that a person has incurred or anticipates incurring; or (cc) services that a person provides, purchases, or anticipates providing or purchasing; or (ii) reduces risks attendant to a position resulting from a swap that-- (I) was executed opposite a counterparty for which the transaction would qualify as a bona-fide hedging transaction; or (II) meets the requirements of clause (i). (B) Commission.--The term ``Commission'' means the Commodity Futures Trading Commission. (2) Duty of chairman of the commission.--Notwithstanding section 2 of the Commodity Exchange Act (7 U.S.C. 2) or any other provision of law (including regulations), not later than 14 days after the date of enactment of this Act, the Chairman of the Commission shall unilaterally-- (A) establish 1 or more speculative position limits in any registered entity on or through which crude oil, gasoline, diesel fuel, jet fuel, or heating oil futures or swaps are traded that are equal to the position accountability levels or position limits, as appropriate, established by the New York Mercantile Exchange; (B) establish 1 or more speculative position limits that are equal to the position accountability levels or position limits, as appropriate, established by the New York Mercantile Exchange on the aggregate number or amount of positions in contracts based upon the same underlying commodity that may be held by any person, including any group or class of traders, for each month across-- (i) contracts listed by designated contract markets; (ii) with respect to an agreement, contract, or transaction that settles against any price (including the daily or final settlement price) of 1 or more contracts listed for trading on a registered entity, contracts traded on a foreign board of trade that provides members or other participants located in the United States with direct access to the electronic trading and order matching system of the foreign board of trade; and (iii) swap contracts that perform or affect a significant price discovery function with respect to regulated entities; (C) establish margin requirements of 12 percent for speculative swaps and futures trading in crude oil, gasoline, diesel fuel, jet fuel, and heating oil; (D) require that each bank holding company, investment bank, hedge fund, or swaps dealer engaged in the trading of energy futures or swaps for the benefit of the bank holding company, investment bank, hedge fund, or swaps dealer or on the behalf of, or as counterparty to, an index fund, exchange traded fund, or other noncommercial participant-- (i) register with the Commission as a noncommercial participant; and (ii) be subject to each position limit and margin requirement under this subsection for each position in a manner by which the position is considered to be a speculative, proprietary position of the bank holding company, investment bank, hedge fund, or swaps dealer; (E) take any other action that the Chairman of the Commission determines to be necessary to eliminate excessive speculation in the aggregate to ensure that the price of crude oil, gasoline, diesel fuel, jet fuel, and heating oil accurately reflects the fundamentals of supply and demand; and (F) ensure that each bank holding company, hedge fund, investment bank, and swaps dealer that is engaged in the trading of energy futures or swaps for the benefit of the bank holding company, hedge fund, investment bank, and swaps dealer, or on the behalf of, or as counterparty to, 1 or more noncommercial participants, abides by each position limit and margin requirement under this subsection. (3) Applicability.--Each position limit and margin requirement under this subsection shall not apply to bona-fide hedge trading. (4) Adjustments.--Notwithstanding section 2 of the Commodity Exchange Act (7 U.S.C. 2) or any other provision of law (including regulations), the Chairman of the Commission may adjust any position limit under this subsection to the extent that the position of all noncommercial participants or speculators (in the aggregate and measured on an annual basis) shall not equal an amount greater than 35 percent of the annual, aggregate position of all traders in such futures and swaps market or markets for crude oil, gasoline, diesel fuel, jet fuel, and heating oil trading. (5) Sunset.-- (A) In general.--This Act, and the authority provided under this Act, shall terminate on the date on which the Commission imposes position limits to diminish, eliminate, or prevent excessive speculation as required by, and increased margin requirements as authorized in, title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8301 et seq.) (and amendments made by that Act). (B) Sense of congress.--It is the sense of Congress that, if finalized, the proposed position limits for derivatives that the Commission included in the notice of proposed rulemaking entitled ``Position Limits for Derivatives'' (76 Fed. Reg. 4752 (January 26, 2011)) are not sufficient to fulfill the statutory requirements of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8301 et seq.) (and amendments made by that Act) to diminish, eliminate, or prevent excessive speculation.", "summary": "End Excessive Oil Speculation Now Act of 2011 - Directs the Chairman of the Commodity Futures Trading Commission (CFTC) to establish speculative position limits: (1) in any registered trading entity on or through which crude oil, gasoline, diesel fuel, jet fuel, or heating oil futures or swaps are traded that are equal to the position accountability levels or position limits established by the New York Mercantile Exchange (Exchange); and (2) that are equal to the position accountability levels or position limits established by such Exchange upon the aggregate number or amount of positions in contracts based upon the same underlying commodity that may be held by any person (including any group or class of traders) for each month across specified contracts, transactions, and swap contracts. Directs the Chairman to: (1) establish margin requirements of 12% for speculative swaps and futures trading in crude oil, gasoline, diesel fuel, jet fuel, and heating oil; (2) require each bank holding company, investment bank, hedge fund, or swaps dealer trading energy futures or swaps for its own benefit, or on behalf of, or as counterparty to, an index fund, exchange traded fund, or other noncommercial participant, to register with the CFTC as a noncommercial participant and be subject to position limits and margin requirements under this Act. Exempts bona-fide hedge trading from such position limits and margin requirements. Expresses the sense of Congress that, if finalized, the proposed position limits for derivatives that the CFTC included in a specified notice of proposed rulemaking do not fulfill the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act to diminish, eliminate, or prevent excessive speculation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Researchers and Farmers Freedom From Terrorism Act of 2000''. SEC. 2. RESEARCHERS AND FARMERS FREEDOM FROM TERRORISM. Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``43 (relating to animal enterprise terrorism), section'' after ``Section''. SEC. 3. ENHANCEMENT OF PENALTIES FOR ANIMAL ENTERPRISE TERRORISM. Section 43 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``intentionally'' each place it appears; and (B) by striking ``one year'' and inserting ``five years'; (2) in subsection (b)-- (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): ``(2) Explosives or arson.--Whoever in the course of a violation of subsection (a) maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used by the animal enterprise shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both.''; and (C) in paragraph (3), as so redesignated, by striking ``under this title and'' and all that follows through the period and inserting ``under this title, imprisoned for life or for any term of years, or sentenced to death.''; and (3) in subsection (d)(1)-- (A) by striking ``or'' at the end of subparagraph (B); (B) by inserting ``or'' at the end of subparagraph (C); and (C) by adding at the end the following: ``(D) the offices or headquarters of any enterprise or event described in subparagraph (A), (B). or (C);''. SEC. 4. NATIONAL ANIMAL TERRORISM AND ECOTERRORISM INCIDENT CLEARINGHOUSE. (a) In General.--The Director shall establish and maintain a national clearinghouse for information on incidents of crime and terrorism-- (1) committed against or directed at any animal enterprise; (2) committed against or directed at any commercial activity because of the perceived impact or effect of such commercial activity on the environment; or (3) committed against or directed at any person because of such person's perceived connection with or support of any enterprise or activity described in paragraph (1) or (2). (b) Clearinghouse.--The clearinghouse established under subsection (a) shall-- (1) accept, collect, and maintain information on incidents described in subsection (a) that is submitted to the clearinghouse by Federal, State, and local law enforcement agencies, by law enforcement agencies of foreign countries, and by victims of such incidents; (2) collate and index such information for purposes of cross-referencing; and (3) upon request from a Federal, State, or local law enforcement agency, or from a law enforcement agency of a foreign country, provide such information to assist in the investigation of an incident described in subsection (a). (c) Scope of Information.--The information maintained by the clearinghouse for each incident shall, to the extent practicable, include-- (1) the date, time, and place of the incident; (2) details of the incident; (3) any available information on suspects or perpetrators of the incident; and (4) any other relevant information. (d) Design of Clearinghouse.--The clearinghouse shall be designed for maximum ease of use by participating law enforcement agencies. (e) Publicity.--The Director shall publicize the existence of the clearinghouse to law enforcement agencies by appropriate means. (f) Resources.--In establishing and maintaining the clearinghouse, the Director may-- (1) through the Attorney General, utilize the resources of any other department or agency of the Federal Government; and (2) accept assistance and information from private organizations or individuals. (g) Coordination.--The Director shall carry out the Director's responsibilities under this section in cooperation with the Director of the Bureau of Alcohol, Tobacco and Firearms. (h) Definitions.--In this section: (1) The term ``animal enterprise'' has the same meaning as in section 43 of title 18, United States Code. (2) The term ``Director'' means the Director of the Federal Bureau of Investigation. (i) Authorization of Appropriations.--There is hereby authorized to be appropriated for fiscal years 2001, 2002, 2003, 2004, and 2005 such sums as are necessary to carry out this section.", "summary": "Requires the Director of the Federal Bureau of Investigation to establish and maintain a national clearinghouse for information on incidents of crime and terrorism committed against or directed at: (1) any animal enterprise; (2) any commercial activity because of a perceived impact of such activity on the environment; or (3) any person because of such person's connection with or support of such an enterprise or activity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Democracy Index Act of 2009''. SEC. 2. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED ELECTION DATA COLLECTION. (a) In General.--Subtitle C of title II of the Help America Vote Act of 2002 (42 U.S.C. 15381 et seq.) is amended by adding at the end the following: ``SEC. 248. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED ELECTION DATA COLLECTION. ``(a) In General.--The Commission, in consultation with the Board and in accordance with this section, shall-- ``(1) develop an American Democracy Index for the evaluation of elections for Federal office occurring in 2010 and thereafter; ``(2) establish and operate a data collection system in order to collect and measure election data described in subsection (c) to be used in preparing the American Democracy Index; and ``(3) make the American Democracy Index with respect to each election for Federal office generally available to the public, including through the Internet. ``(b) American Democracy Index.--The American Democracy Index is an index that is designed to assist States in the administration of elections for Federal office by presenting the information collected under the system established under subsection (a)(2) on a State-by- State basis in a manner designed to demonstrate administration practices that-- ``(1) ensure the right of individuals to vote; ``(2) improve the quality of voter access to polls and the quality of voter services; and ``(3) secure the accuracy and integrity of elections. ``(c) Collection of Data.-- ``(1) Data to be collected.--The Commission shall, in consultation with the Board, determine the data that is required to be collected under this section in order to analyze the effectiveness of the State administration of elections for Federal office, including data required for developing or refining the American Democracy Index. ``(2) Data submission.-- ``(A) States required to provide data.--Each State shall submit to any grantee under subsection (e) the information described in paragraph (1) in support of the American Democracy Index. ``(B) Data submission regulations.--Within 60 days after the first meeting of the Board under subsection (d)(2)(B)(i), the Commission shall promulgate regulations for-- ``(i) the enforcement of the data submission mandate under subparagraph (A); and ``(ii) the standardization of election data described in paragraph (1). ``(C) Statistical analysis.--The Commission may, in coordination with a State, select precincts within the State on a sample basis from which to draw the information described in paragraph (1) in order to form statistical conclusions with respect to election administration in that State. In forming such statistical conclusions, the Office may append the information collected from the samples to other information provided by the State that was collected with respect to elections for Federal office in that State. ``(D) Payments to states.--In accordance with such regulations as the Commission may promulgate, the Commission shall make payments to States to assist the States in meeting the data submission requirements of this paragraph. ``(E) Rulemaking authority of commission.--Section 209 shall not apply with respect to any regulations promulgated by the Commission pursuant to the authority of this paragraph. ``(d) Independent Board of Advisors.-- ``(1) In general.--There is hereby established an independent Board of Advisors (in this section referred to as the `Board') that the Commission shall consult in developing and refining the American Democracy Index and the data to be collected under subsection (c). ``(2) Independent board of advisors.-- ``(A) Establishment.--The Board-- ``(i) shall be composed of 8 members from individuals from the academic, nonprofit, and election administration communities, of whom-- ``(I) 4 shall be selected by the Committee on Rules and Administration of the Senate, in consultation with the majority and minority leader of the Senate; and ``(II) 4 shall be selected by the Committee on House Administration of the House of Representatives, in consultation with the Speaker and minority leader of the House of Representatives; and ``(ii) shall be headed by a President elected by the members of the Board. ``(B) Duties.--The Board shall-- ``(i) meet at least twice a year, and at such other times as are specified by the President of the Board; and ``(ii) consult with the Commission as provided by this section, including making periodic recommendations to the Commission on the type of election data to be collected from States, the method of data collection, the enforcement mechanism for the collection of election data, the administration of elections in general, and other relevant issues as the Board sees appropriate. ``(e) Establishment and Operation of Index and Data Collection System.-- ``(1) Pilot program.--The Commission shall conduct a pilot program for elections for Federal office occurring in 2010 under which the Commission shall make a grant to 1 or more eligible entities to-- ``(A) to collect election data described in subsection (c) in not more than 5 States selected by the Board; and ``(B) to develop, refine, and publish data collection results for each of the States selected under subparagraph (A), including a comparison of localities in each State based on the data collected. ``(2) Initial index for 2012 elections.--Based on the pilot project conducted under paragraph (1), the Commission shall make a grant to 1 or more eligible entities to-- ``(A) collect election data described in subsection (c) in all States with respect to elections for Federal office occurring in 2012; and ``(B) prepare and publish the first American Democracy Index. ``(3) Future elections.--The Commission shall collect data, and prepare and publish an American Democracy Index, for each Presidential election cycle beginning on or after January 1, 2012, with respect to elections for Federal office occurring during the Presidential election cycle. In carrying out such duties, the Commission shall-- ``(A) modify the data to be collected and the index in accordance with the provisions of this section; and ``(B) contract with 1 or more eligible entities to carry out all or a portion of such duties. ``(f) Reports.--Not later than 9 months after the end of the election cycle for the election for Federal office occurring in 2012 and the end of each Presidential election cycle beginning on or after January 1, 2012, the Commission shall submit a report to Congress and to the chief State elections officials of each State that includes the election data collected under this section, together with any recommendations for-- ``(1) improving the types of election data that are collected and included in the American Democracy Index published under this section; and ``(2) legislation or administrative action to improve State performance in the administration of elections for Federal office (as determined based on a State-by-State comparison of such election data). ``(g) Definitions.--In this section: ``(1) Elections for federal office.--The term `elections for Federal office' means general elections only for Federal office. ``(2) Eligible entity.--The term `eligible entity' means any nonprofit organization or other organization deemed appropriate by the Commission. ``(3) Presidential election cycle.--The term `Presidential election cycle' means the 4-year period beginning with January of the year following an election for the office of President of the United States. ``(4) State.--The term `State' means each of the 50 States and the District of Columbia. ``(h) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Commission such sums as may be necessary to carry out the provisions of this section. ``(2) Data submission.--There is authorized to be appropriated $18,000,000 for each of fiscal years 2011 through 2016 to assist the States in complying with the data submission requirements of subsection (c)(2)(A).''. (b) Conforming Amendment.--The table of contents of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 247 the following: ``Sec 248. Establishment of American Democracy Index and related election data collection.''.", "summary": "American Democracy Index Act of 2009 - Amends the Help America Vote Act of 2002 to require the Election Assistance Commission (EAC) to: (1) develop an American Democracy Index (ADI) to evaluate elections for federal office; (2) establish and operate a system to collect and measure election data for use in preparing the ADI; and (3) make the ADI with respect to each federal election available to the public, including through the Internet. Describes the ADI as an index designed to assist states in the administration of federal elections by presenting collected information on a state-by-state basis in a manner designed to demonstrate administration practices that: (1) ensure the right of individuals to vote; (2) improve the quality of voter access to polls and the quality of voter services; and (3) secure the accuracy and integrity of elections. Establishes an independent Board of Advisors the EAC shall consult in developing and refining the ADI and the data to be collected. Directs the EAC to: (1) conduct a pilot program for the 2010 federal elections under which it shall make one or more grants for election data collection in up to five states; and (2) based on such pilot program make one or more grants to collect 2012 federal election data in all states and prepare and publish the first ADI."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Welfare Reduction and Job Preservation Act of 2006''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) Corporations are subject to a tax rate of up to 34 percent or 35 percent. (2) Over the past several years, one of the most serious problems affecting the middle-class has been corporate downsizing. Many large, wealthy, and profitable corporations have reduced the number of their American employees by transferring those jobs to foreign countries or have reduced the number of their employees in order to realize an immediate short-term profit or increase in stock value. SEC. 3. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. (a) In General.--Subchapter C of chapter 1 of the Internal Revenue Code of 1986 (relating to corporate distributions and adjustments) is amended by adding at the end the following new part: ``PART VII--REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE ``Sec. 386. Reduction of tax benefits for profitable large corporations which reduce workforce. ``SEC. 386. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. ``(a) In General.--For any taxable year, if any profitable large corporation reduces by 15 percent or more the number of employees who perform any task or function at any facility in the United States, the amount of each facility-related tax benefit shall be reduced by 50 percent. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Facility-related tax benefit.-- ``(A) In general.--The term `facility-related tax benefit' means-- ``(i) any tax benefit to the extent attributable to a facility described in subsection (a), or ``(ii) to the extent that a tax benefit is not attributable to any facility, a pro rata portion of such tax benefit (as determined under regulations prescribed by the Secretary). ``(B) Exception.--Such term shall not include-- ``(i) any exclusion from gross income under section 127 or 129 or any other deduction for the cost of employee health care, child care, job training, or retraining, or ``(ii) any other tax benefit (other than wages) which the Secretary determines by regulation to be a tax benefit for costs incurred primarily for the benefit of employees rather than the employer. ``(2) Large corporation.--The term `large corporation' means a corporation or partnership which is not a small- business concern (within the meaning of section 3 of the Small Business Act, as in effect on the date of the enactment of this section). ``(3) Profitable.--Any large corporation shall be treated as profitable, for any taxable year, if the sum of taxable income (if any) for the 5-taxable-year period ending with the preceding taxable year (or, if shorter, the period consisting of all preceding taxable years of such large corporation) equals or exceeds the sum of the net operating losses (if any) attributable to such period. ``(4) Related persons.-- ``(A) In general.--All related persons shall be treated as one person. ``(B) Related persons defined.--The term `related persons' means-- ``(i) persons bearing a relationship described in section 267 or 707(b), and ``(ii) persons treated as a single employer under subsection (a) or (b) of section 52. ``(5) Tax benefit.--The term `tax benefit' means a credit, deduction, or exclusion allowable under this title.'' (b) Transmission of Data by Secretary of Labor.--The Secretary of Labor shall transmit to the Secretary of the Treasury, not less than annually, a list of corporations and partnerships described in section 386(a) of the Internal Revenue Code of 1986 (as added by this section). (c) Clerical Amendment.--The table of parts for subchapter C of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VII. Reduction of tax benefits for profitable large corporations which reduce workforce'' (d) Effective Date.--This section and the amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 4. ACCELERATION OF LOANS MADE BY CERTAIN GOVERNMENT ENTITIES AS PENALTY AGAINST PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. (a) OPIC Loans.--Section 235 of the Foreign Assistance Act of 1961 (22 U.S.C. 2195) is amended by adding at the end the following: ``(g) Limitations on Assistance to Profitable Large Corporations That Reduce Workforce.-- ``(1) In general.--If a facility-related tax benefit of an entity for a taxable year is reduced by reason of section 386(a) of the Internal Revenue Code of 1986, then-- ``(A) the entity shall immediately repay to the Corporation the amount of any loan made by the Corporation to the entity under section 234; ``(B) any insurance policy provided by the Corporation to the entity under such section is rescinded; and ``(C) until the Secretary of the Treasury determines that the activity on the basis of which the facility-related tax benefit of the entity was so reduced has ceased, the Corporation may not, during the immediately succeeding taxable year of the entity, extend credit, participate in an extension of credit, or provide any insurance, directly to the entity under such section. ``(2) Effect of failure to repay loan.--Interest shall accrue on any amount required by paragraph (1)(A) to be repaid to the Corporation at a rate of 10 percent per month.''. (b) Export-Import Bank Loans.--Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding at the end the following: ``(g) Limitations on Assistance to Profitable Large Corporations That Reduce Workforce.-- ``(1) In general.--If a facility-related tax benefit of an entity for a taxable year is reduced by reason of section 386(a) of the Internal Revenue Code of 1986, then-- ``(A) the entity shall immediately repay to the Bank the amount of any loan made by the Bank to the entity; ``(B) any insurance policy provided by the Bank to the entity is rescinded; and ``(C) until the Secretary of the Treasury determines that the activity on the basis of which the facility-related tax benefit of the entity was so reduced has ceased, the Bank may not, during the immediately succeeding taxable year of the entity, extend credit, participate in an extension of credit, or provide any insurance, directly to the entity. ``(2) Effect of failure to repay loan.--Interest shall accrue on any amount required by paragraph (1)(A) to be repaid to the Bank at a rate of 10 percent per month.''.", "summary": "Corporate Welfare Reduction and Job Preservation Act of 2006 - Amends the Internal Revenue Code to require a 50% reduction in tax benefits for certain large profitable corporations that reduce their employee workforce by 15% or more. Defines \"large profitable corporation\" as a corporation or partnership that is not defined as a small business concern under the Small Business Act and which has a taxable income that exceeds net operating losses during a specified five-year period. Amends the Foreign Assistance Act of 1961 and the Export-Import Act of 1945 to require large profitable corporations (as defined by this Act) that reduce their employee workforce by 15% or more to immediately repay loans and forfeit insurance benefits and credit lines provided by such Acts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Victim Compensation Act''. SEC. 2. VICTIM COMPENSATION FROM PERSONS WHO UNLAWFULLY PROVIDE FIREARMS TO JUVENILES, FELONS, AND OTHER DISQUALIFIED INDIVIDUALS. (a) Victim Compensation.--Section 924 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(j) Victim Compensation.-- ``(1) In general.--Any person who sells, delivers, or otherwise transfers-- ``(A) a firearm in violation of section 922(d) or section 922(b)(1); or ``(B) a handgun to a person who the transferor knows or has reasonable cause to believe is a juvenile, except as provided in paragraph (6), shall be liable for damages caused by a discharge of the transferred firearm by the transferee. ``(2) Civil action.--An action to recover damages under paragraph (1) may be brought in a United States district court by, or on behalf of, any person, or the estate of any person, who suffers damages resulting from bodily injury to or the death of any person caused by a discharge of the transferred firearm by the transferee. ``(3) Disentitlement to recovery.--There shall be no liability under this subsection if it is established by a preponderance of the evidence that-- ``(A) the damages were suffered by a person who was engaged in a criminal act against the person or property of another at the time of the injury; or ``(B) the injury was self-inflicted, unless the plaintiff establishes that, at the time of the transfer, the transferor knew or had reasonable cause to believe that the transferee had not attained the age of 18 years or had been adjudicated as a mental defective or committed to a mental institution. ``(4) Period of liability.--No action under this subsection may be brought for damages that are caused more than 5 years after the date of the transfer of a firearm upon which an action could otherwise be based. ``(5) Attorney's fees and punitive damages.--A prevailing plaintiff in an action under this subsection-- ``(A) shall be awarded reasonable attorney's fees and costs, and ``(B) may be awarded punitive damages. ``(6) Juveniles.--Paragraph (1)(B) does not apply to-- ``(A) a temporary transfer of a handgun to a juvenile if the handgun is used by the juvenile-- ``(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; ``(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except-- ``(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or ``(II) with respect to ranching or farming activities as described in clause (i), with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State, or local law from possessing a firearm; ``(iii) if the juvenile keeps the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and ``(iv) in accordance with State and local law; ``(B) issuance of a handgun to a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with the handgun in the line of duty; ``(C) a transfer by inheritance of title (but not possession) of a handgun to a juvenile; ``(D) a delivery of a handgun by a juvenile to be used in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest; or ``(E) a transfer of a handgun for consideration if the transfer is made in accordance with State and local law and with the prior consent of the juvenile's parent or legal guardian who is not prohibited by Federal, State, or local law from possessing a firearm. ``(7) Rule of construction.--Nothing in this subsection shall be construed to limit or have any other effect on any other cause of action available to any person.''. (b) Definition.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(30) The term `juvenile' means a person who is less than 18 years of age.''. (c) Application of Amendment.--The amendment made by subsection (a) shall apply to damages resulting from a firearm that was transferred as described in section 924(j)(1) of title 18, on or after the date of enactment of this Act.", "summary": "Gun Victim Compensation Act - Amends the Federal criminal code to make any person who sells, delivers, or otherwise transfers a firearm to a juvenile, felon, or other disqualified individual, or a handgun to a person who the transferor knows or has reasonable cause to believe is a juvenile liable for damages caused by a discharge of the transferred firearm by the transferee. Makes exceptions, including for certain temporary transfers to a juvenile who uses a handgun in the course of employment relating to ranching or farming with the prior written consent of a parent or guardian and for the issuance of a handgun to a juvenile who is a member of the armed forces or National Guard. Authorizes an action for damages to be brought in a U.S. district court by, or on behalf of, any person who suffers damages resulting from bodily injury or death caused by a discharge of the transferred firearm by the transferee. Specifies that there shall be no liability under this Act if it is established by a preponderance of the evidence that: (1) the damages were suffered by an individual who was engaged in a criminal act against the person or property of another at the time of the injury; or (2) the injury was self-inflicted unless the plaintiff establishes that, at the time of the transfer, the transferor knew or had reasonable cause to believe that the transferee had not attained age 18 or had been adjudicated as a mental defective or committed to a mental institution. Limits actions to those brought within five years after the date of the transfer of the firearm. Requires that a prevailing plaintiff be awarded attorney's fees. Permits the award of punitive damages."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard and Reserve Education Act of 2004''. SEC. 2. INCREASE IN RATE OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE AS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. (a) Increase in Rate of Assistance.--Subsection (b)(1) of section 16131 of title 10, United States Code, is amended-- (1) in subparagraph (A), by striking ``$251'' and inserting ``$400''; (2) by striking subparagraphs (B) and (C); (3) by redesignating subparagraph (D) as subparagraph (B); and (4) in subparagraph (B), as so redesignated, by striking ``for each month of less than half-time pursuit'' and inserting ``for each month of less than full-time pursuit''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to months beginning after the date of the enactment of this Act. (c) No CPI Adjustment for Fiscal Year 2005.--Paragraph (2) of section 16131(b) of such title shall not apply to rates of basic educational assistance paid under such section during fiscal year 2005. SEC. 3. PAYMENT OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE CALLED UP FOR SERVICE FOR CUMULATIVE PERIOD OF 180 DAYS OR MORE AT THE RATE APPLICABLE UNDER CHAPTER 30 OF TITLE 38, UNITED STATES CODE. (a) Increase.--Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(j)(1) In the case of a person described in paragraph (2), the rate payable under subsection (b) or subsection (c) to such person for such educational assistance for each month shall be paid at the rate applicable under section 3015(b) of title 38. ``(2) A person referred to in paragraph (1) is a person who is entitled to educational assistance under this chapter-- ``(A) who, on or after September 11, 2001, serves a period of active duty of at least 180 days of active duty pursuant to an order to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of this title during a five year period, or ``(B) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, who, on or after September 11, 2001, performed full time National Guard duty under section 502(f) of title 32 for at least 180 days during a five year period when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to payments of educational assistance under chapter 1606 of such title for months beginning after September 30, 2004. SEC. 4. MODIFICATION OF DELIMITING DATE FOR USE OF ENTITLEMENT. (a) In General.--Section 16133 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; and (2) by adding at the end the following new subsection: ``(c) In the case of a person described in section 16131(j)(2) of this title, the period during which such person may use such person's entitlement to educational assistance under this chapter expires at the end of the 14-year period beginning on the date that is the last day of the person's last duty referred to in such section.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on September 30, 2004, and shall apply to members of the Selected Reserve entitled to educational assistance under chapter 1606 of title 10, United States Code, on or after that date. SEC. 5. AUTHORITY FOR MEMBERS OF THE SELECTED RESERVE ENTITLED TO RETIRED PAY TO TRANSFER ENTITLEMENT TO BASIC EDUCATIONAL ASSISTANCE. (a) Establishment of Authority to Transfer Entitlement.--(1) Chapter 1606 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay ``(a) In General.--Subject to the provisions of this section, each Secretary concerned may permit an individual described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual's entitlement to such assistance. ``(b) Eligible Individuals.--An individual referred to in subsection (a) is an individual who-- ``(1) is entitled to retired pay under chapter 1223; and ``(2) is entitled to educational assistance under this chapter. ``(c) Eligible Dependents.--An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual's entitlement as follows: ``(1) To the individual's spouse. ``(2) To one or more of the individual's children. ``(3) To a combination of the individuals referred to in paragraphs (1) and (2). ``(d) Designation of Transferee.--An individual transferring an entitlement to basic educational assistance under this section shall-- ``(1) designate the dependent or dependents to whom such entitlement is being transferred; ``(2) designate the number of months of such entitlement to be transferred to each such dependent; and ``(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Each designation under this section shall be made in writing and shall be transmitted to the Secretary concerned and the Secretary of Veterans Affairs. ``(e) Time for Transfer; Revocation and Modification.--(1) Subject to the time limitation for use of entitlement under section 16133 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual's request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. ``(2)(A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. ``(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. ``(f) Commencement of Use.--In the case of entitlement transferred to a child to whom entitlement to basic educational assistance is transferred under this section, the child may not commence the use of the transferred entitlement until either-- ``(1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or ``(2) the attainment by the child of 18 years of age. ``(g) Additional Administrative Matters.--(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. ``(2) Except as provided under subsection (d)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. ``(3)(A) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. ``(B) Entitlement may only be transferred under this section before the date of death of the individual making the transfer. ``(4) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. ``(5) The administrative provisions of chapter 30 of title 38 (including the provisions set forth in section 3034(a)(1) of that title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. ``(6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). ``(h) Overpayment.--In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. ``(i) Approvals of Transfer Subject to Availability of Appropriations.--The Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year. ``(j) Regulations.--After consultation with the Secretary of Veterans Affairs, the Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (e)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (g)(5) to a dependent to whom entitlement is transferred under this section. ``(k) Annual Report.--(1) As part of the report required under section 3020(l) of title 38, (beginning in 2006), the Secretary of Defense shall include information on the transfers of entitlement to basic educational assistance under this section that were approved by each Secretary concerned during the preceding fiscal year. ``(2) Each report shall set forth-- ``(A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding fiscal year; or ``(B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification for such Secretary's decision not to approve any such transfers of entitlement during that fiscal year.''. (2) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay.''. (b) Conforming Amendment.--Section 3020 of title 38, United States Code, is amended-- (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: ``(m) Coordination With Authority for Transfers Under the Reserve Montgomery GI Bill.--In carrying out this section and section 16138 of title 10, each Secretary concerned shall take such steps as may be necessary to ensure that a transfer of entitlement under each such section is made pursuant to the applicable requirements of such sections.''. SEC. 7. REQUIREMENT FOR THE SECRETARY OF VETERANS AFFAIRS TO REPORT TO CONGRESS ON TRANSFERS OF ENTITLEMENT BY MEMBERS OF THE SELECTED RESERVE ENTITLED TO RETIRED PAY. (a) In General.--Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3020A. Annual report on transfers of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay ``(a) Inclusion in Annual Report.--As part of the annual report submitted to the Congress under section 529 of this title, the Secretary shall include a description of the operation of the program for transfer of entitlement to basic educational assistance by members of the selected reserve entitled to retired pay under section 16138 of title 10. ``(b) Specific Information Required.--The Secretary shall include in the description required under subsection (a) the following information: ``(1) The aggregate number of transfers of entitlement made during the preceding year. ``(2) The type of programs of education pursued by dependents to whom entitlement was so transferred. ``(3) The number of spouses to whom entitlement was so transferred. ``(4) The number of dependent children to whom entitlement was so transferred.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:", "summary": "National Guard and Reserve Education Act of 2004 - Increases the monthly rate of educational assistance for members of the Selected Reserve who pursue full-time studies. Requires the Secretary of Veterans Affairs to prescribe by regulation the rate of assistance for less than full-time studies. Establishes an educational assistance benefit for reservists and National Guard members who, on or after September 11, 2001, serve at least 180 days within a five-year period of active duty in a contingency operation. Authorizes such persons to use their educational assistance entitlement during a 14-year period beginning on the last day of duty. Authorizes members of the Selected Reserve who are entitled to retired pay and basic educational assistance to transfer a portion of their educational entitlement to eligible dependents. Requires the Secretary to report on such transfers in the Secretary's annual report to Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Relief and Job Creation Act''. SEC. 2. TEMPORARY WORK OPPORTUNITY CREDIT FOR SMALL BUSINESSES. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(l) Small Business Credit for Hiring Certain Unemployed Individuals During 2018 and 2019.-- ``(1) In general.--In the case of an eligible unemployed individual who begins work for an eligible small business during 2018 or 2019, the taxpayer may elect to treat such individual as a member of a targeted group for purposes of this subpart, subject to the modifications in paragraph (5) and in lieu of treating such individual as a member of any other targeted group. ``(2) Eligible small business.--For purposes of this subsection, the term `eligible small business' means any person if-- ``(A) either-- ``(i) the gross receipts of such person for the preceding taxable year did not exceed $20,000,000, or ``(ii) in the case of a person to which subparagraph (A) does not apply, such person employed not more than 100 full-time employees during the preceding taxable year, and ``(B) such person elects the application of this subsection for the taxable year. For purposes of subparagraph (A)(ii), an employee shall be considered full-time if such employee is employed at least 30 hours per week for 35 or more calendar weeks in the taxable year. ``(3) Eligible unemployed individual.--For purposes of this section, the term `eligible unemployed individual' means any individual-- ``(A) who is certified by the designated local agency as being eligible to receive unemployment compensation under State or Federal law during the 1- year period ending on the hiring date, or ``(B) whose employment with the employer was terminated before January 1, 2018. ``(4) Employee must be full-time.--No wages shall be taken into account with respect to any individual for any taxable year unless such individual is employed by the employer an average of at least 30 hours per week in the taxable year (in the case of the taxable year during which the individual begins work, beginning with the day the individual begins work). ``(5) Modifications.--For purposes of this subsection, the modifications described in this paragraph are as follows: ``(A) Percentage of wages.--Subsection (a) shall be applied-- ``(i) in the case of wages paid or incurred by the employer during 2018, by substituting `7.5 percent' for `40 percent', and ``(ii) in the case of wages paid or incurred by the employer during 2019, by substituting `5 percent' for `40 percent'. ``(B) Qualified wages during 2018 and 2019 taken into account.--Subsection (b)(2) shall be applied by substituting `during 2018 and 2019' for `during the 1- year period beginning with the day the individual begins work for the employer'. ``(C) $75,000 wage limitation.--Subsection (b)(3) shall be applied by substituting `$75,000' for `$6,000'. ``(D) Double credit in counties with high unemployment.-- ``(i) In general.--In the case of an employer located in a county which is a high unemployment county for the month during which the employee begins work for the employer, clauses (i) and (ii) of subparagraph (A) shall be applied by substituting `15 percent' and `10 percent' for `7.5 percent' and `5 percent', respectively. ``(ii) High unemployment county.--For purposes of this subparagraph, the term `high unemployment county' means, with respect to any month, a county for which the rate of unemployment exceeds the national rate of unemployment (as determined by the Bureau of Labor Statistics of the Department of Labor). ``(E) Credit to apply for all 2018 and 2019.--This subsection shall be applied without regard to subsection (c)(4). ``(F) Certain rehires eligible.--Subsection (i)(2) shall not apply to an individual whose employment with the employer was terminated before January 1, 2018.''. (b) Effective Date.--The amendments made by this section shall apply to employees hired after December 31, 2017.", "summary": "Small Business Relief and Job Creation Act This bill amends the Internal Revenue Code to allow small business employers whose gross receipts in the preceding taxable year did not exceed $20 million or who did not employ more than 100 full-time employees during the preceding taxable year a work opportunity tax credit for hiring unemployed individuals as full-time employees (at least 30 hours per week for 35 or more calendar weeks in the taxable year) during 2018 or 2019. The bill doubles the rate of such credit for employers located in counties with unemployment rates that exceed the national rate of unemployment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop the Sale of Murderabilia Act of 2013''. SEC. 2. RESTRICTIONS ON THE MAILING AND DELIVERY PRIVILEGES OF STATE AND FEDERAL PRISONERS FOR COMMERCIAL PURPOSES. (a) In General.--Chapter 87 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1794. Restrictions on the mailing and delivery privileges of State and Federal prisoners for commercial purposes ``(a) In General.--Except as provided in subsection (d), an inmate of a prison convicted of a crime of violence who knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, any property, article, or object, with intent that the property, article, or object be placed in interstate or foreign commerce, shall be fined under this title and imprisoned not less than 6 months and not more than 10 years. Any term of imprisonment imposed under this subsection shall run consecutive to any other term of imprisonment. ``(b) Period of Limitations.--An indictment for any offense punishable under this section may be found at any time without limitation. ``(c) Guidelines.--The Director of the Bureau of Prisons and the head of the department of corrections, or other similar agency, for any State may promulgate uniform guidelines to restrict the privileges of any inmate of a prison that violates this section. ``(d) Exception.--An inmate of a prison may mail or deliver or cause to be delivered by mail title to real property, title to motor vehicles, or a security if-- ``(1) the mailing or delivery is to satisfy debt that is-- ``(A) imposed by law or a court order, including-- ``(i) support obligations; ``(ii) property taxes; ``(iii) income taxes; ``(iv) back taxes; ``(v) a legal judgment, fine, or restitution; ``(vi) fees to cover the cost of incarceration, including fees for health care while incarcerated imposed under section 4048; and ``(vii) other financial obligations mandated by law or a court order; or ``(B) incurred through a contract for-- ``(i) legal services; ``(ii) a mortgage on the primary residence of the immediate family of the inmate; ``(iii) the education or medical care of the inmate or a member of the immediate family of the inmate; or ``(iv) life, health, home, or car insurance; or ``(2) the consent of the inmate is required by law to transfer title for real property, a motor vehicle, or security, where a person who is not incarcerated in a prison is the owner or a co-owner of that real property, motor vehicle, or security. ``(e) Definitions.--In this section-- ``(1) the term `prison'-- ``(A) means a Federal or State correctional, detention, or penal facility or any prison, institution, or facility in which persons are held in custody by direction of, or pursuant to a contract or agreement with, the Attorney General of the United States or a State; and ``(B) does not include a halfway house or location where an individual is under home confinement; ``(2) the term `security' means-- ``(A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument (as that term is defined in section 916(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693n(c))), money order, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in a profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, or voting trust certificate; ``(B) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase any item described in subparagraph (A); or ``(C) a blank form of any item described in subparagraph (A) or (B); and ``(3) the terms `State' and `support obligation' have the meanings given those terms in section 228.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 87 of title 18, United States Code, is amended by adding at the end the following: ``1794. Restrictions on the mailing and delivery privileges of State and Federal prisoners for commercial purposes.''. SEC. 3. CRIMINAL FORFEITURE. Section 982(a) of title 18, United States Code, is amended by adding at the end the following: ``(9) The court, in sentencing a defendant convicted of an offense under section 1794, or of a conspiracy to commit such an offense, shall order that the defendant forfeit to the United States any real or personal property-- ``(A) used or intended to be used to commit, facilitate, or promote the commission of such offense; and ``(B) constituting, derived from, or traceable to the gross proceeds that the defendant obtained directly or indirectly as a result of the offense.''. SEC. 4. CIVIL FORFEITURE. Any property subject to forfeiture under section 982(a)(9) of title 18, United States Code, as added by this Act, may be forfeited to the United States in a civil action in accordance with the procedures set forth in chapter 46 of title 18, United States Code. SEC. 5. CIVIL REMEDIES. (a) In General.--Any person aggrieved by reason of conduct prohibited under section 1794 of title 18, United States Code, as added by this Act, may bring a civil action in an appropriate United States district court for the relief described in subsection (b). (b) Relief.--In any civil action brought under subsection (a), the court may award appropriate relief, including-- (1) temporary, preliminary, or permanent injunctive relief; (2) compensatory and punitive damages; and (3) the costs of the civil action and reasonable fees for attorneys and expert witnesses.", "summary": "Stop the Sale of Murderabilia Act of 2013 - Amends the federal criminal code to prohibit a federal or state prison inmate convicted of a crime of violence from knowingly placing in the mail or causing to be delivered in interstate or foreign commerce any property, article, or object. Sets forth exceptions for a mailing or delivery of title to real property, title to motor vehicles, or a security to satisfy debt that is: (1) imposed by law or a court order; or (2) incurred through a contract for legal services, a mortgage on the primary residence of the immediate family of the inmate, the education or medical care of the inmate or a member of the immediate family of the inmate, or life, health, home, or car insurance. Provides for civil and criminal forfeiture of real or personal property used to commit such a crime or obtained as a result of such crime. Provides civil remedies, including injunctions, damages, and attorney fees, for persons aggrieved by prisoners using the mail in violation of this Act."}
{"article": "SECTION 1. EXPEDITED ACCESS TO CERTAIN FEDERAL LANDS. (a) In General.--The Secretary shall develop and implement a process to expedite access to Federal lands under the administrative jurisdiction of the Secretary for eligible organizations and eligible individuals to request access to Federal lands to conduct good Samaritan search-and-recovery missions. The process developed and implemented pursuant to this subsection shall include provisions that clarify that-- (1) an eligible organization or eligible individual granted access under this section shall be acting for private purposes and shall not be considered a Federal volunteer; (2) an eligible organization or eligible individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered a volunteer under section 3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i); (3) the Federal Torts Claim Act shall not apply to an eligible organization or eligible individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and (4) the Federal Employee Compensation Act shall not apply to an eligible organization or eligible individual conducting good Samaritan search-and-recovery mission under this section and such activities shall not constitute civilian employment. (b) Release of the Federal Government From Liability.--The Secretary shall not require an eligible organization or an eligible individual to have liability insurance as a condition of accessing Federal lands under this section if the eligible organization or eligible individual-- (1) acknowledges and consents, in writing, to the provisions listed in paragraphs (1) through (4) of subsection (a); and (2) signs a waiver releasing the Federal Government from all liability related to the access granted under this section. (c) Approval and Denial of Requests.-- (1) In general.--The Secretary shall notify an eligible organization and eligible individual of the approval or denial of a request by that eligible organization and eligible individual to carry out a good Samaritan search-and-recovery mission under this section not more than 48 hours after the request is made. (2) Denials.--If the Secretary denies a request from an eligible organization or eligible individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or eligible individual of-- (A) the reason for the denial request; and (B) any actions that eligible organization or eligible individual can take to meet the requirements for the request to be approved. (d) Partnerships.--The Secretary shall develop search-and-recovery focused partnerships with search-and-recovery organizations to-- (1) coordinate good Samaritan search-and-recovery missions on Federal lands under the administrative jurisdiction of the Secretary; and (2) expedite and accelerate good Samaritan search-and- recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary. (e) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a joint report to Congress describing-- (1) plans to develop partnerships described in subsection (c)(1); and (2) efforts being taken to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary pursuant to subsection (b)(2). (f) Definitions.--For the purposes of this section, the following definitions apply: (1) Eligible organization and eligible individual.--The terms ``eligible organization'' and ``eligible individual'' means an organization or individual, respectively, that-- (A) is acting in a not-for-profit capacity; and (B) is certificated in training that meets or exceeds standards established by the American Society for Testing and Materials. (2) Good samaritan search-and-recovery mission.--The term ``good Samaritan search-and-recovery mission'' means a search for one or more missing individuals believed to be deceased at the time that the search is initiated. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate.", "summary": "Directs the Secretary of the Interior and the Secretary of Agriculture (USDA) to implement a process to provide eligible organizations and individuals expedited access to federal lands to conduct good Samaritan search-and-recovery missions. Sets forth procedures for the approval or denial of requests made by eligible organizations or individuals to carry out a good Samaritan search-and-recovery mission. Requires the Secretaries to develop search-and-recovery focused partnerships with search-and-recovery organizations to: (1) coordinate good Samaritan search-and-recovery missions on such lands, and (2) expedite and accelerate mission efforts for missing individuals on such lands."}
{"article": "SECTION 1. FINDINGS; SENSE OF THE CONGRESS. (a) Findings.--The Congress finds the following: (1) The workers who mine American coal have fueled nearly 2 centuries of industrial development, and are crucial to the Nation's economic well-being. (2) The Federal Government has had a central role with regard to both the coal industry and the health and welfare of coal miners. Both the Congress and the executive branch have frequently intervened in the coal industry to protect the interests of both coal miners and the industry itself. For example-- (A) the Congress enacted legislation-- (i) regulating the coal industry to protect the health and safety of coal miners; and (ii) guaranteeing health care for coal miners and their families, and providing benefits to victims of black lung disease; and (B) the Executive Branch has seized the Nation's coal mines for the purpose of negotiating a collective bargaining agreement on the mine owners' behalf, has otherwise frequently intervened in collective bargaining in the coal industry, and has created numerous panels and commissions to study problems and issues unique to coal mining communities and the coal Industry. (3) Because coal is an abundant domestic resource, a strong coal industry serves to reduce American dependence upon foreign oil and is vital both to commerce and to the defense of the United States. (4) As the result of the abuse of the provisions of bankruptcy law, certain coal industry employers have been able to gain unfair advantages over their competitors, primarily at the expense of their employees. (b) Sense of the Congress.-- It is the sense of the Congress that the abuse of the provisions of bankruptcy law by certain coal industry employers is damaging to the economic health of the United States, as well as to the employees who are directly harmed by such legal abuses. SEC. 2. AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE. Title 11 of the United States Code is amended-- (1) in section 101 by inserting after paragraph (5) the following: ``(5A) Coal industry employer.--The term `coal industry employer' means an employer in the coal industry, and all members of the employer's controlled group of corporations and all trades and businesses under common control (within the meaning of sections 52(a) and 52(b) of the Internal Revenue Code of 1986). ``(5B) Covered facility of a coal industry employer.--The term `covered facility of a coal industry employer' means any facility owned or operated by a coal industry employer that is involved in the production, processing, or transportation of coal.''; (2) in section 363 by adding at the end the following: ``(p) Notwithstanding subsection (f), a covered facility of a debtor that is coal industry employer that is sold by the trustee shall remain subject to the labor rights of the current and former employees of the debtor. For purposes of this subsection, the term `labor rights' means-- ``(1) if the employees at a covered facility of a coal industry employer to be sold are covered under the terms of a current collective bargaining agreement (other than an agreement that has been rejected pursuant to the terms of sections 365 or 1113), the obligations of the debtor arising under that agreement or under the National Labor Relations Act; or ``(2) if the employees at a covered facility of a coal industry employer to be sold are represented by a labor organization but are not covered under the terms of an current collective bargaining agreement, the obligations of the debtor arising under the National Labor Relations Act. Furthermore, in the case of the sale of a covered facility of a coal industry employer at which employees are represented by a labor organization, such labor organization shall be conclusively presumed to enjoy majority support for a period of 1 year from the date of such sale, or such longer period as required by applicable nonbankruptcy law.''; (3) in section 1113 by adding at the end the following: ``(g)(1) Notwithstanding any other provision of this section, no application for the rejection of a collective bargaining agreement between a coal industry employer relating to a covered facility of such coal industry employer shall be approved unless the following additional conditions are met: ``(A) The information provided pursuant to subsection (b)(1)(B) has been personally verified by the principal officers (including the principal executive officer and principal financial officer) of the debtor under penalty of perjury. ``(B) As soon as practicable after the filing of an application under this section, the Secretary of Labor shall submit a list of five disinterested individuals who are qualified and willing to serve as trustees in the case. The United States trustee shall appoint one of such individuals to serve as trustee in the case. ``(C) The court finds that the executive management of the debtor has not received any wage increases or bonuses during the period that the case is pending under this title, or within the year preceding the filing of the petition, or that any such wage increases or bonuses have been disgorged and refunded to the debtor. ``(D) The court finds that the proposal made pursuant to subsection (b)(1)(A)-- ``(i) does not purport to relieve the debtor, or the purchaser of a covered facility of a coal industry employer, from any obligations otherwise arising under the National Labor Relations Act; ``(ii) provides that the purchaser of any facility owned by the debtor is to be considered a `successor' under the National Labor Relations Act; ``(iii) does not abridge labor rights, as defined in section 363(p); and ``(iv) provides that existing employees retain all noneconomic employment rights provided under the terms of the collective bargaining agreement (including the right to not be terminated without cause and any recall rights following a layoff), both with regard to the debtor and the purchaser of a covered facility of a coal industry employer. ``(2) Any obligations arising under the terms of a collective bargaining agreement prior to the entry of relief under this section shall be secured by a lien on all of the assets of the debtor.''; and (4) in section 1114 by adding the following at the end: ``(m) If the court enters an order approving an application for the modification of retiree benefits owed by a coal industry employer relating to a covered facility of such coal industry employer, all members of the debtor's controlled group of corporations and all trades and businesses under common control (within the meaning of sections 52(a) and 52(b) of the Internal Revenue Code of 1986) shall be jointly and severally liable for all damages arising as the result of the entry of such order, and all such claims shall be entitled to priority pursuant to section 507(a)(1).''. SEC. 3. EFFECTIVE DATE AND APPLICATION OF AMENDMENTS. This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act, and shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after such date.", "summary": "Expresses the sense of Congress that the abuse of the provisions of bankruptcy law by certain coal industry employers is damaging to the economic health of the United States, as well as to the employees who are directly harmed by such legal abuses. Amends Federal bankruptcy law to declare that sale by the bankruptcy trustee of a facility owned or operated by a coal industry employer involved in coal production, processing, or transportation is subject to the labor rights of the current and former employees of the debtor. States that if employees at such facility are represented by a labor organization, such organization is conclusively presumed to enjoy majority support for a period of one year from the date of such sale, or such longer period as required by applicable nonbankruptcy law. Sets forth criteria for approval of an application to reject a collective bargaining agreement by a coal industry employer relating to a covered facility. States that obligations arising under the terms of a collective bargaining agreement before the entry of bankruptcy relief are secured by a lien on all of the debtor's assets. Declares that all members of a debtor's controlled group of corporations are jointly and severally liable for damages arising as the result of the court-approved application for the modification of retiree benefits owed by a coal industry employer relating to a covered facility. Declares all such claims entitled to priority status."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``MMA Territorial Equity for Low- Income Individuals Act of 2004''. SEC. 2. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES UNDER MEDICARE PRESCRIPTION DRUG TRANSITIONAL ASSISTANCE PROGRAM. (a) In General.--Subsection (b)(2)(A) of section 1860D-31 of the Social Security Act (42 U.S.C. 1395w-141) is amended by inserting after ``or the District of Columbia'' the following: ``or in Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands''. (b) Conforming Change in Availability of Funds.--Subsection (j)(2) of such section is amended-- (1) by striking ``for the entire period of the operation of this section'' and inserting ``for 2004''; and (2) by striking subparagraph (D). (c) Additional Conforming Amendments.--(1) Subsection (b) of such section is amended-- (A) by adding at the end of paragraph (2)(A) the following: ``The poverty line to be applied under this subparagraph to an individual residing in a territory shall be the same as the poverty line applicable to individuals residing in the continental United States.''; and (B) by adding at the end of paragraph (3) the following: ``The poverty line to be applied under this paragraph to an individual residing in a territory shall be the same as the poverty line applicable to individuals residing in the continental United States.''. (2) Subsection (f)(3)(C)(ii) of such section is amended by striking ``that is one of the 50 States or the District of Columbia''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2005. SEC. 3. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES IN PREMIUM AND COST-SHARING SUBSIDIES UNDER MEDICARE PRESCRIPTION DRUG PROGRAM. (a) In General.--Section 1860D-14(a)(3) of the Social Security Act (42 U.S.C. 1395w-114(a)(3)) is amended by striking subparagraph (F). (b) Conforming Amendments.-- (1) Section 1935 of such Act (42 U.S.C. 1396v) is amended-- (A) in subsections (a) and (c)(1), by striking ``subject to subsection (e)''; (B) in subsection (c)(1)(A), by striking ``Each of the 50 States and the District of Columbia'' and inserting ``Each State''; (C) in subsection (c)(2)(A)(i), by striking ``and'' at the end of subclause (I), and by adding after subclause (II) the following new subclause: ``(III) in the case of a territory subject to a limitation on payments under this title under subsections (f) and (g) of section 1108, the ratio of the total amounts of the payment limitations under such subsections for such territory for fiscal year 2003, to the total amounts that would be payable to such territory under this title for such fiscal year but for such payment limitations; and''; and (D) by striking subsection (e). (2) Section 1108(f) of such Act (42 U.S.C. 1308(f)) is amended by striking ``and section 1935(e)(1)(B)''. (3) Section 1860D-14(a)(3)(C) of such Act (42 U.S.C. 1395w- 114(a)(3)(C)) is amended by adding at the end the following: ``The poverty line to be applied in the territories shall be the same as the poverty line applied to States in the continental United States.''. (c) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 4. INSTITUTE OF MEDICINE REPORT ON ACCESS OF MEDICARE BENEFICIARIES IN TERRITORIES TO PRESCRIPTION DRUGS. (a) In General.--The Secretary of Health and Human Services shall request the Institute of Medicine of the National Academy of Sciences to undertake a study that examines the access of medicare beneficiaries residing in the United States territories to prescription drugs during each of 3 periods: (1) Before mma.--The period before the date of the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). (2) Discount card and transitional assistance.--The period during the implementation of the discount card and transitional assistance program (under section 1860D-31 of the Social Security Act). (3) Implementation of prescription drug benefit.--The period beginning on January 1, 2006. (b) Report.--The study under subsection (a) shall include a report to the Secretary, the Committees on Ways and Means and Energy and Commerce of the House of Representatives, and the Committee on Finance of the Senate, on the results of such study. Such report shall include information on-- (1) the relative cost of prescription drugs to medicare beneficiaries residing in the territories, both retail and as affected through benefit changes effected under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173); and (2) statistical health improvements of such beneficiaries as a result of the enactment of such law.", "summary": "MMA Territorial Equity for Low-Income Individuals Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to treat Medicare-eligible citizens of Guam, the Virgin Islands, American Samoa, the Commonwealth of Puerto and the Commonwealth of the Northern Mariana Islands the same as low-income citizens in the 50 States and the District of Columbia with respect to the Medicare prescription drug transitional assistance program, and premium and cost-sharing subsidies under the Medicare prescription drug program. Directs the Secretary of Health and Himan Services to request the Institute of Medicine of the National Academy of Sciences to undertake a study for a report to the Secretary and Congress on access of Medicare beneficiaries in territories to prescription drugs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer First Responder Housing Act''. SEC. 2. DEFINITIONS. In this Act: (1) Bona fide volunteer; eligible employer; qualified services.--The terms ``bona fide volunteer'', ``eligible employer'', and ``qualified services'' have the meanings given those terms in section 457(e) of the Internal Revenue Code of 1986. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (3) Qualified volunteer first responder.--The term ``qualified volunteer first responder'' means any individual who-- (A) is a bona fide volunteer performing qualified services for an eligible employer; (B) has volunteered for not less than 2 continuous years for an eligible employer; (C) during each of the 2 years described in subparagraph (B)-- (i) met the minimum requirements for active membership established by the eligible employer; or (ii) if the eligible employer did not establish minimum requirements, volunteered for not less than 200 hours; and (D) is certified as a firefighter or other responder in the State, unit of general local government, or Indian tribe in which the individual is serving as volunteer. SEC. 3. DEPARTMENT OF AGRICULTURE SINGLE FAMILY HOUSING GUARANTEED LOAN PROGRAM. (a) In General.--A qualified volunteer first responder who submits to the Secretary of Agriculture (referred to in this section as the ``Secretary'') a verification letter in accordance with subsection (b) shall be eligible for a verified adjustment in annual income under section 3555.152(c) of title 7, Code of Federal Regulations (or successor regulations), in the amount of $18,000. (b) Verification Letter.--To be eligible for a verified deduction under subsection (a), a qualified volunteer first responder shall submit to the Secretary a verification letter from the head of the eligible employer for which the qualified volunteer first responder volunteers, which shall-- (1) include the date on which the qualified volunteer first responder joined the eligible employer as a volunteer; (2) attest to the Secretary that the qualified volunteer first responder-- (A) continuously served as a volunteer for the eligible employer during the 2-year period preceding the date of the verification letter; and (B) during each of the 2 years described in subparagraph (A)-- (i) met the minimum requirements for active membership established by the eligible employer; or (ii) if the eligible employer did not establish minimum requirements, volunteered for not less than 200 hours; and (3) include a copy of the certification of the qualified volunteer first responder as a firefighter or other responder in the State, unit of general local government, or Indian tribe in which the individual served as a volunteer. SEC. 4. GOOD NEIGHBOR NEXT DOOR SALES PROGRAM. (a) Definitions.--In this section: (1) Department.--The term ``Department'' means the Department of Housing and Urban Development. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (b) Amendments.--The Secretary shall amend-- (1) section 291.530 of title 24, Code of Federal Regulations, to provide that a qualified volunteer first responder qualifies as a firefighter or emergency medical technician for purposes of the Good Neighbor Next Door Sales Program of the Department; and (2) section 291.515 of title 24, Code of Federal Regulations, to provide that, to qualify to purchase a home through the Good Neighbor Next Door Sales Program of the Department, a qualified volunteer first responder shall submit to the Secretary a verification letter from the head of the eligible employer for which the qualified volunteer first responder volunteers, which shall-- (A) include the date on which the qualified volunteer first responder joined the eligible employer as a volunteer; (B) attest to the Secretary that the qualified volunteer first responder-- (i) continuously served as a volunteer for the eligible employer during the 2-year period preceding the date of the verification letter; and (ii) during each of the 2 years described in clause (i)-- (I) met the minimum requirements for active membership established by the eligible employer; or (II) if the eligible employer did not establish minimum requirements, volunteered for not less than 200 hours; and (C) include a copy of the certification of the qualified volunteer first responder as a firefighter or other responder in the State, unit of general local government, or Indian tribe in which the individual served as a volunteer.", "summary": "Volunteer First Responder Housing Act This bill expands eligibility for assistance under the Department of Agriculture Single Family Housing Guaranteed Loan Program and the Department of Housing and Urban Development Good Neighbor Next Door Sales Program with respect to qualified volunteer first responders."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sexual Harassment Prevention Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Sexual harassment in employment persists widely in the workplace, although it violates title VII of the Civil Rights Act of 1964 and adversely affects employees. (2) According to guidelines issued by the Equal Employment Opportunity Commission in 1980, the most effective tool for eliminating sexual harassment is prevention. (3) The United States Merit Systems Protection Board found in 1981 and 1988 surveys of Federal Government employees that 42 percent of female employees and 14 percent of male employees questioned had experienced some kind of harassment in employment. The American Psychological Association estimates that at least \\1/2\\ of all working women have been sexually harassed at the workplace during their careers. (4) The vast majority of sexual harassment episodes go unreported to a supervisory employee or other individual designated by the employer. Only 5 percent of the Government employees who indicated in the 1988 Merit Systems Protection Board survey that they had been harassed filed a formal complaint or requested an investigation of the harassment. (5) Sexual harassment has a significant cost for employees and employers. A 1988 study by Working Woman Magazine shows that sexual harassment costs a typical ``Fortune 500'' employer $6,000,000, or $292.53 per employee, each year. The same study estimates that it is 34 times more expensive for such an employer to ignore the problem than it is to establish effective programs and policies to address the problem. (6) Most job growth over the next decade is expected to occur in employment by small employers. Sixty-six percent of the individuals who will enter the work force during this period are expected to be female. The establishment of programs and policies in small-business environments, at a low cost to employers, will be a key prevention priority to reduce sexual harassment in employment. (b) Purposes.--The purposes of this Act are-- (1) to establish workplace requirements that will reduce the incidence of sexual harassment in employment, (2) to provide a low-cost system to assist employers to establish programs and policies to prevent sexual harassment in employment, (3) to raise the awareness of employees of the definition of sexual harassment and of available avenues of redress, and (4) to increase the authority and capacity of the Equal Employment Opportunity Commission to assist in preventing sexual harassment in employment. SEC. 3. EMPLOYER REQUIREMENTS. (a) Posting of Notice in the Workplace.--Each employer shall post and keep posted in conspicuous places upon its premises where notices to employees and applicants for employment are customarily posted, a notice that shall be prepared or approved by the Commission and shall set forth-- (1) the definition of sexual harassment found in section 1604.11(a) of title 29 of the Code of Federal Regulations (July 1, 1992), (2) the fact that sexual harassment in employment is a violation of title VII of the Civil Rights Act of 1964, (3) information describing how to file with the Commission a complaint alleging such harassment, including information on the time periods within which an alleged victim of discrimination (including sexual harassment) must file a charge with the Equal Employment Opportunity Commission, or a State or local fair employment agency, in order to satisfy the statute of limitations applicable to claims under title VII, (4) an address, and the toll-free telephone number, to be used to contact the Commission regarding such harassment or compliance with the requirements of this Act, and (5) such other information as the Commission may require. (b) Separate Notice to Individual Employees.--Each employer shall provide annually to each employee separately a written notice that includes-- (1) the matters specified in paragraphs (1) through (4) of subsection (a), (2) a description of the procedures established by such employer to resolve allegations of sexual harassment in employment, and (3) such other information as the Commission may require. Such notice shall be provided in a manner that ensures that such employee actually receives such notice. (c) Management Information for Supervisory Employees.--Not later than 60 days after an employer places an individual in a supervisory employment position or 1 year after the date of the enactment of this Act, whichever occurs later, such employer shall provide to the supervisory employee information specifying the responsibilities of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment in employment. (d) Civil Penalty.--A willful violation of this section shall be punishable by a civil penalty of not more than $1,000 for each separate violation. SEC. 4. DUTIES OF THE COMMISSION. (a) Technical Assistance Materials.--Not later than 180 days after the date of the enactment of this Act, the Commission shall prepare, revise from time to time as needed, and make available to employers at no cost (by publication in the Federal Register or other means)-- (1) a model notice of the kind required by section 3(a) to be posted, (2) a model notice of the kind required by section 3(b) to be provided to employees, and (3) voluntary guidelines for the establishment of policies and procedures by employers to address allegations of discrimination (including sexual harassment) in employment. (b) Toll-Free Telephone Number.--Not later than 180 days after the date of the enactment of this Act, the Commission shall provide a toll- free telephone number for use by employees and employers in the United States to obtain-- (1) information regarding compliance with this Act, and (2) the model notices and guidelines prepared under subsection (a). SEC. 5. ENFORCEMENT. Section 3 shall be enforced-- (1) by the Commission with respect to violations alleged by employees as defined in subparagraphs (A), (B), and (E) of section 6(2), (2) by the House of Representatives in the manner described in section 117(a)(2)(B) of the Civil Rights Act of 1992 (2 U.S.C. 60l) with respect to violations alleged by employees as defined in section 6(2)(C) of this Act, and (3) by the Senate in the manner described in the Government Employee Rights Act of 1992 (2 U.S. 120 et seq.) with respect to violations alleged by employees as defined in section 6(2)(D) of this Act. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Commission'' means the Equal Employment Opportunity Commission, (2) the term ``employee'' means-- (A) an employee as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)), (B) an employee referred to in section 717(a) of such Act (42 U.S.C. 2000e-16(a)), (C) an employee in an employment position of the House of Representatives, (D) a Senate employee as defined in section 301(c)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1201(c)(1)), or (E) an employee (other than a Senate employee) in an employment position of an instrumentality of the Congress, (3) the term ``employer'' means-- (A) an employer as defined in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)), (B) a Federal entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-716(a)) applies, or (C) an employing authority of the House of Representatives, of the Senate, or of an instrumentality of the Congress, (4) the term ``instrumentality of the Congress'' means the Architect of the Capitol, the Congressional Budget Office, the Office of Technology Assessment, the United States Botanic Garden, and those units of the Government Printing Office with positions in the excepted service, and (5) the term ``sexual harassment'' has the same meaning as such term has for purposes of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2000e-17). SEC. 7. EFFECTIVE DATES. (a) General Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Effective Date of Section 3.--Section 3 shall take effect 1 year after the date of the enactment of this Act.", "summary": "Sexual Harassment Prevention Act of 1993 - Directs employers (including Federal and congressional agencies) to keep posted in conspicuous places a notice prepared or approved by the Equal Employment Opportunity Commission that sets forth: (1) the definition of sexual harassment found in the Code of Federal Regulations; (2) the fact that sexual harassment is a violation of the Civil Rights Act of 1964; (3) information describing how to file a complaint with the Commission alleging such harassment; (4) an address and toll-free number to be used to contact the Commission; and (5) other information required by the Commission. Provides for annual notices by employers to individual employees which provide such information and a description of the procedures used by the employers to resolve allegations of sexual harassment. Requires employers to provide to each supervisory employee information specifying the responsibility of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment. Prescribes civil penalties for willful violations of this Act. Directs the Commission to make model notices and voluntary guidelines for procedures dealing with allegations of sexual harassment available to employers at no cost as well as a toll-free number for information regarding this Act."}
{"article": "SECTION 1. ROCKLAND HARBOR, MAINE. As of the date of enactment of this Act, the portion of the project for navigation, Rockland Harbor, Maine, authorized by the Act of June 3, 1896 (29 Stat. 202, chapter 314), consisting of a 14-foot channel located in Lermond Cove and beginning at a point with coordinates N. 99977.37, E. 340290.02, thence running easterly about 200.00 feet to a point with coordinates N. 99978.49, E. 340490.02, thence running northerly about 138.00 feet to a point with coordinates N. 100116.49, E. 340289.25, thence running westerly about 200.00 feet to a point with coordinates N. 100115.37, E. 340289.25, thence running southerly about 138.00 feet to the point of origin, is not authorized. SEC. 2. REDESIGNATION OF PROJECT FOR NAVIGATION, SACO RIVER, MAINE. The portion of the project for navigation, Saco River, Maine, authorized under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) and described as a 6-foot deep, 10-acre maneuvering basin located at the head of navigation, is redesignated as an anchorage area. SEC. 3. HERBERT HOOVER DIKE SUPPLEMENTAL MAJOR REHABILITATION REPORT. (a) In General.--Not later than May 31, 2007, the Secretary shall publish a supplement to the major rehabilitation report for the Herbert Hoover Dike system, approved by the Chief of Engineers in November 2000. (b) Inclusions.--The supplemental report under subsection (a) shall include-- (1) an evaluation of existing conditions at the Herbert Hoover Dike system; (2) an identification of additional risks associated with flood events at the system that are equal to or greater than the standard projected flood risks; (3) an evaluation of the potential to integrate projects of the Corps of Engineers into an enhanced flood protection system for Lake Okeechobee, including-- (A) the potential for additional water storage north of Lake Okeechobee; and (B) an analysis of other project features included in the Comprehensive Everglades Restoration Plan; and (4) a review of the report prepared for the South Florida Water Management District dated April 2006. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,500,000. SEC. 4. ILLINOIS WATERWAY, SOUTH FORK OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ILLINOIS. (a) In General.--The portion of the Illinois Waterway project authorized by the Act of January 21, 1927 (commonly known as the ``River and Harbor Act of 1927'') (44 Stat. 1013), in the South Fork of the South Branch of the Chicago River, as identified in subsection (b) is not authorized. (b) Description of Project Portion.--The portion of the project referred to in subsection (a) is the portion of the SW \\1/4\\ of sec. 29, T. 39 N., R. 14 E., Third Principal Meridian, Cook County, Illinois, and more particularly described as follows: (1) Commencing at the SW corner of the SW \\1/4\\. (2) Thence north 1 degree, 32 minutes, 31 seconds west, bearing based on the Illinois State Plane Coordinate System, NAD 83 east zone, along the west line of that quarter, 1810.16 feet to the southerly line of the Illinois and Michigan Canal. (3) Thence north 50 degrees, 41 minutes, 55 seconds east along that southerly line 62.91 feet to the easterly line of South Ashland Avenue, as widened by the ordinance dated November 24, 1920, which is also the east line of an easement to the State of Illinois for highway purposes numbered 12340342 and recorded July 13, 1939, for a point of beginnings. (4) Thence continuing north 50 degrees, 41 minutes, 55 seconds east along that southerly line 70.13 feet to the southerly line of the South Branch Turning Basin per for the plat numbered 3645392 and recorded January 19, 1905. (5) Thence south 67 degrees, 18 minutes, 31 seconds east along that southerly line 245.50 feet. (6) Thence north 14 degrees, 35 minutes, 13 seconds east 145.38 feet. (7) Thence north 10 degrees, 57 minutes, 15 seconds east 326.87 feet. (8) Thence north 17 degrees, 52 minutes, 44 seconds west 56.20 feet. (9) Thence north 52 degrees, 7 minutes, 32 seconds west 78.69 feet. (10) Thence north 69 degrees, 26 minutes, 35 seconds west 58.97 feet. (11) Thence north 90 degrees, 00 minutes, 00 seconds west 259.02 feet to the east line of South Ashland Avenue. (12) Thence south 1 degree, 32 minutes, 31 seconds east along that east line 322.46 feet. (13) Thence south 00 degrees, 14 minutes, 35 seconds east along that east line 11.56 feet to the point of beginnings.", "summary": "Deauthorizes: (1) a portion of the project for navigation at Rockland Harbor, Maine; and (2) the portion of the Illinois Waterway project authorized by the River and Harbor Act of 1927 in the South Fork of the South Branch of the Chicago River. Redesignates a portion of the navigation project, Saco River, Maine, described as a maneuvering basin as an anchorage area. Directs the Secretary of the Army, by May 31, 2007, to publish a supplement to the major rehabilitation report for the Herbert Hoover Dike system, approved by the Chief of Engineers in November 2000, which shall: (1) evaluate existing conditions at the Herbert Hoover Dike system; (2) identify additional risks associated with flood events at the system that are equal to or greater than the standard projected flood risks; (3) evaluate the potential to integrate Corps of Engineers projects into an enhanced flood protection system for Lake Okeechobee, including the potential for additional water storage north of that lake and an analysis of other project features included in the Comprehensive Everglades Restoration Plan; and (4) review the report prepared for the South Florida Water Management District dated April 2006."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Roads-Community Right-To-Know Act''. SEC. 2. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT PROCEDURES FOR PERMANENT CLOSURE OF FOREST ROADS. (a) Definitions.--In this section: (1) Permanent closure.--The term ``permanent closure'', with respect to a forest road, means the closure of the road to vehicular traffic for a continuous period of more than one year. The term includes a road closure of one year or less, or of an unspecified duration, unless the Secretary concerned certifies at the time of the closure that the closure will not extend beyond one year. (2) Forest road.--The term ``forest road'' means any road on Federal lands. (3) Federal lands.--The term ``Federal lands'' means-- (A) lands administered by the Bureau of Land Management; and (B) lands within units of the National Forest System. (4) State and local government officials.--The term ``State and local government officials'' means elected officials of States and counties within which Federal lands are located. (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) with respect to the Federal lands described in paragraph (3)(A), the Secretary of the Interior; and (B) with respect to the Federal lands described in paragraph (3)(B), the Secretary of Agriculture. (b) Advance Notice of Permanent Road Closures to State and Local Government Officials.-- (1) Purpose.--The purpose of this subsection is to ensure that the Secretary concerned involves State and local government officials in the process by which the Secretary concerned considers and plans for the potential permanent closure of forest roads on Federal lands. (2) Annual meetings required.--At least once each fiscal year, the Secretary concerned shall meet with appropriate State and local government officials to describe all agency plans or proposals that, within the next two fiscal years, will or may result in the permanent closure of forest roads on Federal lands. Such agency plans or proposals include project proposals, land management plan amendments or revisions, resource management plan amendments or revisions, and regional or subregional plans or proposals (3) Elements of notice.--At a meeting under paragraph (2), the Secretary concerned shall provide information, using maps and other means, that at a minimum-- (A) shows forest roads selected or proposed for permanent closure; (B) shows traffic patterns and volumes on the roads over the previous five years; and (C) explains how users of the roads will be adversely affected with longer travel times or adverse travel conditions by the permanent closure of the roads. (4) Special rule for first meeting.--At the first meeting conducted under paragraph (2) for a State or local government, the Secretary concerned shall also provide information on all forest roads that have been subject to permanent closure in that State during the previous five years. The information shall include a map showing the location of the forest roads and a description of the methods and costs of the permanent closure of the forest roads. (c) Public Notice and Comment Requirements.-- (1) Local notice.--Before proceeding with the permanent closure of a forest road, the Secretary concerned shall publish an announcement describing the proposed closure in the local newspaper of record for the area likely to be affected by the permanent closure of the road. The announcement shall include a description and map of the forest road selected or proposed for permanent closure and a description of any comments generated regarding the closure in meetings with State and local government officials under subsection (b). (2) Comment period.--The permanent closure of a forest road may not take effect until after the end of the 90-day period beginning on the date that the announcement under paragraph (1) was published regarding that road so as to permit the public to submit comments regarding the decision to select or propose the forest road for permanent closure. (d) Prohibition on Permanent Road Closures.--The permanent closure of a forest road is prohibited unless-- (1) advance notice of the permanent closure of the road is provided to the appropriate State and local government officials in the manner provided in subsection (b); and (2) the Secretary complies with the public notice and comment requirements under subsection (c). (e) Application of Requirements.--The requirements of this section shall take effect on the date of the enactment of this Act, except that the prohibition contained in subsection (d)(1) shall not apply to prohibit the permanent closure of any forest road implemented during the fiscal year in which this section is enacted. (f) Effect on Valid and Existing Rights.--Nothing in this section shall invalidate rights-of-way designated under section 2477 of the Revised Statutes of 1878 (43 U.S.C. 932) or other valid and existing rights, including rights of ingress and egress. (g) Compliance With State Laws.--In carrying out this section with respect to a forest road, the Secretary concerned shall comply with the applicable laws of the State in which the forest road is located. SEC. 3. EMERGENCIES. (a) Emergency Road Closures.--Subject to subsection (b), the requirements of section 2 shall not apply to emergency road closures where life or property would be endangered or threatened in the absence of the road closure. (b) Length of Closure.--If an emergency road closure will extend beyond one year, the Secretary concerned shall comply with the requirements of section 2 within three months after the date on which the emergency road closure commenced.", "summary": "Directs the Secretaries of Agriculture and the Interior, prior to making permanent road closings on National Forest System or Bureau of Land Management lands, respectively, to: (1) provide affected State and local officials with advance notice showing affected roads and traffic patterns; and (2) provide for public notice and comment. Requires: (1) the Secretaries to meet annually with State and local officials to describe agency proposals that will or may result in permanent road closures within the coming two fiscal years; and (2) information to be provided at the first meeting respecting the previous five years' road closings."}
{"article": "SECTION 1. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS. (a) In General.--The portion of the Texas City Ship Channel, Texas City, Texas, described in subsection (b) shall not be subject to navigational servitude beginning on the date of enactment of this Act. (b) Description.--The portion of the Texas City Ship Channel described in this subsection is a tract or parcel containing 393.53 acres (17,142,111 square feet) of land situated in the City of Texas City Survey, Abstract Number 681, and State of Texas Submerged Lands Tracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract being more particularly described as follows: (1) Beginning at the intersection of an edge of fill along Galveston Bay with the most northerly east survey line of said City of Texas City Survey, Abstract No. 681, the same being a called 375.75 acre tract patented by the State of Texas to the City of Texas City and recorded in Volume 1941, Page 750 of the Galveston County Deed Records (G.C.D.R.), from which a found U.S. Army Corps of Engineers Brass Cap stamped ``R 4-3'' set in the top of the Texas City Dike along the east side of Bay Street bears North 56\u000f 14' 32\" West, a distance of 6,045.31 feet and from which a found U.S. Army Corps of Engineers Brass Cap stamped ``R 4-2'' set in the top of the Texas City Dike along the east side of Bay Street bears North 49\u000f 13' 20\" West, a distance of 6,693.64 feet. (2) Thence, over and across said State Tracts 98A and 99A and along the edge of fill along said Galveston Bay, the following eight (8) courses and distances: (A) South 75\u000f 49' 13\" East, a distance of 298.08 feet to an angle point of the tract herein described. (B) South 81\u000f 16' 26\" East, a distance of 170.58 feet to an angle point of the tract herein described. (C) South 79\u000f 20' 31\" East, a distance of 802.34 feet to an angle point of the tract herein described. (D) South 75\u000f 57' 32\" East, a distance of 869.68 feet to a point for the beginning of a non-tangent curve to the right. (E) Easterly along said non-tangent curve to the right having a radius of 736.80 feet, a central angle of 24\u000f 55' 59\", a chord of South 68\u000f 47' 35\" East - 318.10 feet, and an arc length of 320.63 feet to a point for the beginning of a non-tangent curve to the left. (F) Easterly along said non-tangent curve to the left having a radius of 373.30 feet, a central angle of 31\u000f 57' 42\", a chord of South 66\u000f 10' 42\" East - 205.55 feet, and an arc length of 208.24 feet to a point for the beginning of a non-tangent curve to the right. (G) Easterly along said non-tangent curve to the right having a radius of 15,450.89 feet, a central angle of 02\u000f 04' 10\", a chord of South 81\u000f 56' 20\" East - 558.04 feet, and an arc length of 558.07 feet to a point for the beginning of a compound curve to the right and the northeasterly corner of the tract herein described. (H) Southerly along said compound curve to the right and the easterly line of the tract herein described, having a radius of 1,425.00 feet, a central angle of 133\u000f 08' 00\", a chord of South 14\u000f 20' 15\" East - 2,614.94 feet, and an arc length of 3,311.15 feet to a point on a line lying 125.00 feet northerly of and parallel with the centerline of an existing levee for the southeasterly corner of the tract herein described. (3) Thence, continuing over and across said State Tracts 98A and 99A and along lines lying 125.00 feet northerly of, parallel, and concentric with the centerline of said existing levee, the following twelve (12) courses and distances: (A) North 78\u000f 01' 58\" West, a distance of 840.90 feet to an angle point of the tract herein described. (B) North 76\u000f 58' 35\" West, a distance of 976.66 feet to an angle point of the tract herein described. (C) North 76\u000f 44' 33\" West, a distance of 1,757.03 feet to a point for the beginning of a tangent curve to the left. (D) Southwesterly, along said tangent curve to the left having a radius of 185.00 feet, a central angle of 82\u000f 27' 32\", a chord of South 62\u000f 01' 41\" West - 243.86 feet, and an arc length of 266.25 feet to a point for the beginning of a compound curve to the left. (E) Southerly, along said compound curve to the left having a radius of 4,535.58 feet, a central angle of 11\u000f 06' 58\", a chord of South 15\u000f 14' 26\" West - 878.59 feet, and an arc length of 879.97 feet to an angle point of the tract herein described. (F) South 64\u000f 37' 11\" West, a distance of 146.03 feet to an angle point of the tract herein described. (G) South 67\u000f 08' 21\" West, a distance of 194.42 feet to an angle point of the tract herein described. (H) North 34\u000f 48' 22\" West, a distance of 789.69 feet to an angle point of the tract herein described. (I) South 42\u000f 47' 10\" West, a distance of 161.01 feet to an angle point of the tract herein described. (J) South 42\u000f 47' 10\" West, a distance of 144.66 feet to a point for the beginning of a tangent curve to the right. (K) Westerly, along said tangent curve to the right having a radius of 310.00 feet, a central angle of 59\u000f 50' 28\", a chord of South 72\u000f 42' 24\" West - 309.26 feet, and an arc length of 323.77 feet to an angle point of the tract herein described. (L) North 77\u000f 22' 21\" West, a distance of 591.41 feet to the intersection of said parallel line with the edge of fill adjacent to the easterly edge of the Texas City Turning Basin for the southwesterly corner of the tract herein described, from which a found U.S. Army Corps of Engineers Brass Cap stamped ``SWAN 2'' set in the top of a concrete column set flush in the ground along the north bank of Swan Lake bears South 20\u000f 51' 58\" West, a distance of 4,862.67 feet. (4) Thence, over and across said City of Texas City Survey and along the edge of fill adjacent to the easterly edge of said Texas City Turning Basin, the following eighteen (18) courses and distances: (A) North 01\u000f 34' 19\" East, a distance of 57.40 feet to an angle point of the tract herein described. (B) North 05\u000f 02' 13\" West, a distance of 161.85 feet to an angle point of the tract herein described. (C) North 06\u000f 01' 56\" East, a distance of 297.75 feet to an angle point of the tract herein described. (D) North 06\u000f 18' 07\" West, a distance of 71.33 feet to an angle point of the tract herein described. (E) North 07\u000f 21' 09\" West, a distance of 122.45 feet to an angle point of the tract herein described. (F) North 26\u000f 41' 15\" West, a distance of 46.02 feet to an angle point of the tract herein described. (G) North 01\u000f 31' 59\" West, a distance of 219.78 feet to an angle point of the tract herein described. (H) North 15\u000f 54' 07\" West, a distance of 104.89 feet to an angle point of the tract herein described. (I) North 04\u000f 00' 34\" East, a distance of 72.94 feet to an angle point of the tract herein described. (J) North 06\u000f 46' 38\" West, a distance of 78.89 feet to an angle point of the tract herein described. (K) North 12\u000f 07' 59\" West, a distance of 182.79 feet to an angle point of the tract herein described. (L) North 20\u000f 50' 47\" West, a distance of 105.74 feet to an angle point of the tract herein described. (M) North 02\u000f 02' 04\" West, a distance of 184.50 feet to an angle point of the tract herein described. (N) North 08\u000f 07' 11\" East, a distance of 102.23 feet to an angle point of the tract herein described. (O) North 08\u000f 16' 00\" West, a distance of 213.45 feet to an angle point of the tract herein described. (P) North 03\u000f 15' 16\" West, a distance of 336.45 feet to a point for the beginning of a non-tangent curve to the left. (Q) Northerly along said non-tangent curve to the left having a radius of 896.08 feet, a central angle of 14\u000f 00' 05\", a chord of North 09\u000f 36' 03\" West - 218.43 feet, and an arc length of 218.97 feet to a point for the beginning of a non-tangent curve to the right. (R) Northerly along said non-tangent curve to the right having a radius of 483.33 feet, a central angle of 19\u000f 13' 34\", a chord of North 13\u000f 52' 03\" East - 161.43 feet, and an arc length of 162.18 feet to a point for the northwesterly corner of the tract herein described. (5) Thence, continuing over and across said City of Texas City Survey, and along the edge of fill along said Galveston Bay, the following fifteen (15) courses and distances: (A) North 30\u000f 45' 02\" East, a distance of 189.03 feet to an angle point of the tract herein described. (B) North 34\u000f 20' 49\" East, a distance of 174.16 feet to a point for the beginning of a non-tangent curve to the right. (C) Northeasterly along said non-tangent curve to the right having a radius of 202.01 feet, a central angle of 25\u000f 53' 37\", a chord of North 33\u000f 14' 58\" East - 90.52 feet, and an arc length of 91.29 feet to a point for the beginning of a non-tangent curve to the left. (D) Northeasterly along said non-tangent curve to the left having a radius of 463.30 feet, a central angle of 23\u000f 23' 57\", a chord of North 48\u000f 02' 53\" East - 187.90 feet, and an arc length of 189.21 feet to a point for the beginning of a non-tangent curve to the right. (E) Northeasterly along said non-tangent curve to the right having a radius of 768.99 feet, a central angle of 16\u000f 24' 19\", a chord of North 43\u000f 01' 40\" East - 219.43 feet, and an arc length of 220.18 feet to an angle point of the tract herein described. (F) North 38\u000f 56' 50\" East, a distance of 126.41 feet to an angle point of the tract herein described. (G) North 42\u000f 59' 50\" East, a distance of 128.28 feet to a point for the beginning of a non-tangent curve to the right. (H) Northerly along said non-tangent curve to the right having a radius of 151.96 feet, a central angle of 68\u000f 36' 31\", a chord of North 57\u000f 59' 42\" East - 171.29 feet, and an arc length of 181.96 feet to a point for the most northerly corner of the tract herein described. (I) South 77\u000f 14' 49\" East, a distance of 131.60 feet to an angle point of the tract herein described. (J) South 84\u000f 44' 18\" East, a distance of 86.58 feet to an angle point of the tract herein described. (K) South 58\u000f 14' 45\" East, a distance of 69.62 feet to an angle point of the tract herein described. (L) South 49\u000f 44' 51\" East, a distance of 149.00 feet to an angle point of the tract herein described. (M) South 44\u000f 47' 21\" East, a distance of 353.77 feet to a point for the beginning of a non-tangent curve to the left. (N) Easterly along said non-tangent curve to the left having a radius of 253.99 feet, a central angle of 98\u000f 53' 23\", a chord of South 83\u000f 28' 51\" East - 385.96 feet, and an arc length of 438.38 feet to an angle point of the tract herein described. (O) South 75\u000f 49' 13\" East, a distance of 321.52 feet to the point of beginning and containing 393.53 acres (17,142,111 square feet) of land.", "summary": "This bill declares that a specified portion of the Texas City Ship Channel, Texas City, Texas, shall not be subject to navigational servitude."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Common Access Card Act of 2017''. SEC. 2. MEDICARE SMART CARD PILOT PROGRAM. Part E of title XVIII of the Social Security Act is amended by inserting after section 1866E the following new section: ``SEC. 1866F. SMART CARD PILOT PROGRAM. ``(a) Implementation.-- ``(1) In general.--Not later than 36 months after the date of the enactment of this section, the Secretary shall establish a pilot program (in this section referred to as the `pilot program') to demonstrate the feasibility of using smart card technology under this title. ``(2) Smart card technology defined.--In this section, the term `smart card technology' means the following: ``(A) Beneficiary smart card.--A machine readable, fraud- and tamper-resistant card (in this section referred to as a `smart card') that includes an embedded integrated circuit chip with a secure micro- controller that enables the verification and secure, electronic authentication of the identity of a Medicare beneficiary at the point of service through a combination of the smart card and a personal identification number known by or associated with such beneficiary. ``(B) Card reader technology.--Information technology that enables a supplier and provider to authenticate the identity of a Medicare beneficiary through presentation of such a smart card and such components, with such authentication to be reflected through the use of a modifier or in another appropriate manner, as determined by the Secretary, in the claims adjudication process. ``(3) Program design elements.--The pilot program shall be conducted for a period of 3 years consistent with the following: ``(A) Selection of area.--In consultation with the Inspector General of the Department of Health and Human Services, the Secretary shall select at least 3 geographic areas in which the pilot program will operate. ``(B) Selection of supplier and provider types.--In consultation with the Inspector General of the Department of Health and Human Services, the Secretary shall select supplier and provider types that will be required to participate in the pilot program (referred to in this section as `participating suppliers and providers'). In selecting such supplier and provider types, the Secretary shall-- ``(i) take into account the risk of fraud, waste, and abuse (as described in section 1886(j)(2)(B) with respect to the category of provider or supplier) and other factors as determined appropriate by the Secretary; and ``(ii) limit the pilot program to no more than 2,000 suppliers and providers. ``(C) Supplier and provider hardship exemptions.-- The Secretary shall exempt from participation in the pilot program a supplier or provider that either-- ``(i) does not have access to card reader technology (as described in paragraph (2)(B)); ``(ii) does not have sufficient internet access; or ``(iii) has a low volume (as determined by the Secretary) of Medicare claims for which payment is made under this title. ``(D) Beneficiary smart card issuance.--The Secretary shall provide for the issuance of beneficiary smart cards described in paragraph (2)(A) to all Medicare beneficiaries residing in a geographic area in which the pilot program is conducted under subparagraph (A). Information that appears on Medicare cards used outside the pilot program may appear on the face of the beneficiary smart card. ``(E) Information on operation of pilot program.-- The Secretary shall provide participating suppliers and providers and Medicare beneficiaries who are furnished items and services by such suppliers and providers, with information on the operation of the pilot program, including privacy protections described in subparagraph (H). ``(F) Access to services outside the pilot program.-- ``(i) Beneficiaries.--Medicare beneficiaries who receive beneficiary smart cards may receive items and services care from suppliers and providers not participating in the pilot program. ``(ii) Suppliers and providers.--Suppliers and providers not participating in the pilot program may submit claims under this title for items and services furnished without use of smart card technology to Medicare beneficiaries who receive beneficiary smart cards. ``(G) Private sector implementation.--The Secretary shall select, by using a competitive procurement, a private sector contractor to implement and operate the pilot program. ``(H) Privacy protections.--The Secretary shall ensure that the pilot program complies with applicable Federal laws, including regulations, concerning individually identifiable health information, including the Privacy Act of 1974 and regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and such individually identifiable information shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(I) Mandatory participation.--Subject to subparagraph (C), in the case of services furnished by a provider or supplier included in a supplier or provider type selected under subparagraph (B) in a geographic area selected under subparagraph (A), payment may only be made under this title for such services during the period of the pilot program if the provider or supplier is participating in the pilot program. ``(4) Definitions.--In this section: ``(A) The terms `supplier' and `provider' have the meanings given the terms `supplier' and `provider of services' in subsections (d) and (u), respectively, of section 1861. ``(B) The term `Medicare beneficiary' means an individual who is enrolled in the original Medicare fee-for-service program under parts A and B and is not enrolled in an MA plan under part C, an eligible organization under section 1876, or a PACE program under section 1894. ``(C) The term `Medicare claim' means a claim for an item or service for which payment is made under this title. ``(b) Reports to Congress.-- ``(1) In general.--The Secretary shall submit to Congress the following reports: ``(A) Initial design report.--Not later than 2 years after the date of the enactment of this section, a report that outlines the plan for implementation of the pilot program. ``(B) Implementation report.--After implementation of the pilot program, a report on the initial implementation of the pilot program, including parameters for operation of such program. ``(C) Interim performance report.--Not later than 2 years after the date the pilot program is implemented, an interim report on the performance of such program. ``(D) Final performance report.--Not later than 18 months after the date of the completion of the pilot program, a final report on the performance of such program. ``(2) Contents of certain reports.--The reports under subparagraphs (C) and (D) of paragraph (1) shall include information on the performance of the pilot program in achieving its objectives and such recommendations regarding expanding the duration and scope of such program as the Secretary determines appropriate. ``(c) Funding.--For purposes of conducting the pilot program, the Secretary shall provide for the transfer, from the Supplemental Medical Insurance Trust Fund under section 1841, to the Centers for Medicare & Medicaid Program Management Account, of $150,000,000, to be available until expended.''.", "summary": "Medicare Common Access Card Act of 2017 This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a three-year pilot program, in at least three geographic areas, to demonstrate the feasibility of using smart-card technology to authenticate the identity of a Medicare beneficiary at points of service. The CMS shall select supplier and provider types that will be required to participate in the pilot program as a condition of Medicare payment, but must exempt from participation a supplier or provider that: (1) does not have access to card-reader technology, (2) does not have sufficient internet access, or (3) has a low volume of Medicare claims. The CMS shall select a private contractor to implement and operate the pilot program. The CMS must submit specified reports to Congress on program design, implementation, and performance. For purposes of conducting the pilot program, the CMS shall provide for the transfer of $150 million from the Supplemental Medical Insurance Trust Fund to the CMS Program Management Account."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Justice Reform Act of 2008''. SEC. 2. DEFINITIONS. Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended-- (1) by amending paragraph (25) to read as follows: ``(25) the term `contact' means any sight or sound interaction between a juvenile in a secure custody status with an adult inmate;'', (2) in paragraph (28) by striking ``and'' at the end, (3) in paragraph (29) by adding ``and'' at the end, and (4) by adding at the end the following: ``(30) the term `juvenile justice stakeholders' means individuals and representatives of agencies, institutions, and organizations with interest in the activities and outcomes of the juvenile justice system, including-- ``(A) youth and family members of youth who have had contact with the juvenile justice system; ``(B) youth and families of color; ``(C) defense attorneys for youth, prosecutors for the juvenile court, and juvenile court judges; and ``(D) representatives of school systems, law enforcement agencies, juvenile detention and corrections, juvenile probation departments, and community-based providers of gender-specific services and services to youth of color and juvenile justice- involved youth.''. SEC. 3. ANNUAL REPORT. Section 207(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5617(1)) is amended-- (1) in subparagraph (B) by inserting ``, ethnicity,'' after ``race'', (2) in subparagraph (E) by striking ``and'' at the end, (3) in subparagraph (F) by striking the period at the end and inserting ``; and'', and (4) by adding at the end the following: ``(G) how State plans are meeting the requirement under section 223(a)(7)(B)(i).''. SEC. 4. STATE PLANS. Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended-- (1) in paragraph (3)(A)(ii)-- (A) in subclause (VII) by striking ``and'' at the end, (B) in subclause (VIII) by adding ``and'' at the end, and (C) by adding at the end the following: ``(IX) individuals with special experience or competence in addressing the needs of girls or implementing gender responsive services;'', (2) in paragraph (7)(B)-- (A) in clause (iii) by striking ``and'' at the end, (B) in clause (iv) by adding ``and'' at the end, and (C) by adding at the end the following: ``(v) a plan for providing easily accessible, community-based and operated, culturally and linguistically appropriate services to youth at-risk or in contact with the juvenile justice system;'', (3) in paragraph (11)-- (A) by striking ``shall,'', (B) in subparagraph (A)-- (i) in clause (i) by striking the semicolon at the end, (ii) by striking ``excluding--'' and all that follows through ``(i)'' and inserting ``excluding'', (iii) by striking clauses (ii) and (iii), and (iv) by striking ``and'' at the end, and (C) by adding at the end the following: ``(C) not later than 3 years after the effective date of this subparagraph, or sooner if possible, no exceptions to this paragraph shall be permissible in relation to-- ``(i) juveniles who are charged with or who have committed a violation of a valid court order; and ``(ii) juveniles who are held in accordance with the Interstate Compact on Juveniles as enacted by the State; and ``(D) efforts shall be made to care safely for juveniles described in subparagraphs (A) and (B) by utilizing staff-secure and other community-based alternatives to secure detention, including the Runaway and Homeless Youth Act programs administered by the Family and Youth Services Bureau of the Administration for Children and Families of the Department of Health and Human Services;'', (4) in paragraph (12)-- (A) in subparagraph (A) by striking ``and'' at the end, (B) in subparagraph (B) by adding ``and'' at the end, and (C) by adding at the end the following: ``(C) not later than 3 years after the effective date of this provision, or sooner if possible, juveniles awaiting trial or any other legal process and who are treated as adults for purposes of prosecution in criminal court shall not have contact with adult inmates when held in the custody of the criminal court;'', (5) in paragraph (13)-- (A) by inserting after ``adults'' the 1st place it appears the following: ``, and provide that not later than 3 years after the effective date of this bill, or sooner if possible, juveniles treated as adults for purposes of prosecution in criminal court and juveniles prosecuted as adults in criminal court may not be held in any jail or lockup for adults while awaiting trial on a criminal charge,'', and (B) in subparagraph (A) by adding ``and'' at the end, (6) in paragraph (15) by inserting ``ethnicity,'' after ``race,'', (7) by striking paragraphs (22) and (23), (8) by redesignating paragraphs (14) through (28) as paragraphs (15) through (27), respectively, and (9) by after paragraph (13) the following: ``(14) implement policy, practice, and system improvement strategies at the State, territorial, local, and tribal levels to identify and reduce racial and ethnic disparities among youth who come into contact with the juvenile justice system by-- ``(A) establishing coordinating bodies to oversee and monitor State, territorial, local, or tribal efforts to reduce racial and ethnic disparities, composed of juvenile justice stakeholders at the State, territorial, local, or tribal levels, including community leaders and service providers from communities in which youth of color are disproportionately represented in the juvenile justice system; ``(B) identifying and analyzing key decision points, and the criteria used to make those decisions, in State, territorial, local, or tribal juvenile justice systems, to determine which points create racial and ethnic disparities among juveniles who come into contact with the juvenile justice system and the causes of those disparities; ``(C) developing and implementing State, territorial, local, or tribal data collection and analysis systems to identify where racial and ethnic disparities exist in the juvenile justice system and to track and analyze such disparities using descriptors disaggregated, as appropriate, by factors including race, ethnicity, sex, geography, offense, delinquency history, and age; ``(D) developing and implementing a work plan that includes measurable objectives for policy changes, practice changes or other system changes, based on the needs identified in the data collection and analysis under subparagraph (B) and designed to reduce any forms of bias, differential treatment of youth of color or disparities found to be associated with race and ethnicity, including provision of culturally and linguistically competent services; and ``(E) tracking and publicly reporting, on an annual basis, the efforts and progress made in accordance with subparagraphs (B), (C), and (D).''. SEC. 5. RESEARCH AND EVALUATION. Section 251 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5661) is amended-- (1) in subsection (a)(1)(B) by-- (A) in clause (x) by striking ``and'' at the end, (B) in clause (xi) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(xii) juveniles treated as adults for purposes of prosecution in criminal court.'', and (2) by adding at the end the following: ``(f) Assessment of Treating Juveniles as Adults.--The Administrator shall-- ``(1) not later than 3 years after the effective date this subsection, assess the effectiveness of the practice of treating juveniles as adults for purposes of prosecution in criminal court; and ``(2) not later than 6 months after making the assessment required by paragraph (1)-- ``(A) submit to the Speaker of the House of Representatives, the Speaker pro tempore of the Senate, and the President a report containing the findings, conclusions, and any recommended changes in law identified as a result of such assessment; and ``(B) make such report available to the public.''. SEC. 6. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTIONS PROGRAMS. Section 504(a) of the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 (42 U.S.C. 5784(a)) is amended-- (1) in paragraph (7) by striking ``and'' at the end, (2) by redesignating paragraph (8) as paragraph (9), and (3) by inserting the following after paragraph (7) the following: ``(8) gender specific services that address the above purpose areas; and''. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year that begins after the date of the enactment of this Act.", "summary": "Juvenile Justice Reform Act of 2008 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to: (1) revise the definition of \"contact\" in such Act to include any sight or sound interaction between a juvenile in custody and an adult inmate; (2) expand eligibility for participation in grant programs under such Act to certain individuals and organizations with an interest in the juvenile justice system (\"juvenile justice stakeholders\"); (3) require state plans under such Act to provide for increased protections for juveniles in custody, provide for culturally and linguistically appropriate services to juveniles at risk, and establish policies and strategies to identify and reduce racial and ethnic disparities among youths in the juvenile justice system; (4) require the inclusion on state juvenile delinquency prevention advisory boards of individuals with experience and competence in addressing the needs of girls or in implementing gender responsive services; and (5) require the Administrator of the Office of Juvenile Justice and Delinquency Prevention to assess and report on the effectiveness of treating juveniles as adults for purposes of criminal prosecutions. Amends the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 to require the inclusion of gender specific services in the incentive grant program for juvenile delinquency prevention."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate and Gift Tax Phase-Out Act of 1997''. SEC. 2. FINDINGS. Congress finds the following: (1) The economy of the United States cannot achieve strong, sustained growth without adequate levels of savings to fuel productive activity. Inadequate savings have been shown to lead to lower productivity, stagnating wages, and reduced standards of living. (2) Savings levels in the United States have steadily declined over the past 25 years, and have lagged behind the industrialized trading partners of the United States. (3) These anemic savings levels have contributed to the country's long-term downward trend in real economic growth, which averaged close to 3.5 percent over the last 100 years but has slowed to 2.4 percent over the past quarter century. (4) Repealing the estate and gift tax would contribute to the goals of expanding savings and investment, boosting entrepreneurial activity, and expanding economic growth. (5) Abolishing the estate tax would restore a measure of fairness to the Federal tax system. Families should be able to pass on the fruits of labor to the next generation without realizing a taxable event. SEC. 3. PHASE-OUT OF ESTATE AND GIFT TAXES THROUGH INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDIT. (a) Estate Tax Credit.-- (1) In general.--Section 2010(a) of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended by striking ``$192,800'' and inserting ``the applicable credit amount''. (2) Applicable credit amount.-- Section 2010 of such Code is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following: ``(c) Applicable Credit Amount.--For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were the applicable exclusion amount determined in accordance with the following table: ``In the case of estates of decedents The applicable dying, and gifts made, during: exclusion amount is: 1998............................... $1,000,000 1999............................... $1,500,000 2000............................... $2,000,000 2001............................... $2,500,000 2002............................... $5,000,000.''. (3) Conforming amendments.-- (A) Section 6018(a)(1) of such Code is amended by striking ``$600,000'' and inserting ``the applicable exclusion amount in effect under section 2010(c) for the calendar year which includes the date of death''. (B) Section 2001(c)(2) of such Code is amended by striking ``$21,040,000'' and inserting ``the amount at which the average tax rate under this section is 55 percent''. (C) Section 2102(c)(3)(A) of such Code is amended by striking ``$192,800'' and inserting ``the applicable credit amount in effect under section 2010(c) for the calendar year which includes the date of death''. (b) Unified Gift Tax Credit.--Section 2505(a)(1) of the Internal Revenue Code of 1986 (relating to unified credit against gift tax) is amended by striking ``$192,800'' and inserting ``the applicable credit amount in effect under section 2010(c) for such calendar year''. (c) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 1997. SEC. 4. REPEAL OF FEDERAL TRANSFER TAXES. (a) In General.--Subtitle B of the Internal Revenue Code of 1986 is repealed. (b) Effective Date.--The repeal made by subsection (a) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after December 31, 2002. (c) Technical and Conforming Changes.--The Secretary of the Treasury or the Secretary's delegate shall not later than 90 days after the effective date of this section, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the changes in the substantive provisions of law made by this Act.", "summary": "Estate and Gift Tax Phase-Out Act of 1997 - Amends the Internal Revenue Code to phase-out and repeal, effective January 1, 2003, the estate tax, gift tax, and the tax on generation-skipping transfers."}
{"article": "SECTION 1. FINDINGS. Congress makes the following findings: (1) From 2014 through 2018, the United States and nations around the world will mark the centennial of World War I, including the entry of the United States into the war in April 1917. (2) America's support of Great Britain, France, Belgium, and its other allies in World War I marked the first time in this Nation's history that American soldiers went abroad in defense of liberty against foreign aggression, and it marked the true beginning of ``the American century''. (3) Although World War I was at the time called ``the war to end all wars'', in fact the United States would commit its troops to the defense of foreign lands 3 more times in the 20th century. (4) More than 4,000,000 men and women from the United States served in uniform during World War I, among them 2 future presidents, Harry S. Truman and Dwight D. Eisenhower. Two million individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas. The United States suffered 375,000 casualties during World War I, including 116,516 deaths. (5) The events of 1914 through 1918 shaped the world, the United States, and the lives of millions of people in countless ways. (6) The centennial of World War I offers an opportunity for people in the United States to learn about and commemorate the sacrifices of their predecessors. (7) Commemorative programs, activities, and sites allow people in the United States to learn about the history of World War I, the United States involvement in that war, and the war's effects on the remainder of the 20th century, and to commemorate and honor the participation of the United States and its citizens in the war effort. (8) While the other great conflicts of the 20th century, World War II, the Korean War, and the Vietnam War, have national memorials on the Mall in Washington, DC, there currently exists no nationally recognized memorial honoring the service of the United States and its citizens in World War I. (9) In 1921, the people of Kansas City, Missouri dedicated a site in that city for a memorial to the service of Americans in World War I, a ceremony attended by General John J. Pershing and military leaders of Great Britain, France, Belgium, and Italy. In 1924, the cornerstone of the 217-foot Liberty Memorial Tower was laid. On Armistice Day 1926, President Calvin Coolidge delivered the keynote address at the Memorial's dedication ceremony. The Memorial and surrounding grounds were completed in 1938, with an inscription that reads ``In Honor of Those Who Served in the World War in Defense of Liberty and Our Country.''. (10) The 106th Congress recognized the Liberty Memorial as a national symbol of World War I. (11) The 108th Congress designated the museum at the base of the Liberty Memorial as ``America's National World War I Museum''. The museum preserves the history of World War I, and educates and enlightens people about this significant event. (12) The District of Columbia War Memorial was authorized in 1924 by resolution of the 68th Congress, and was dedicated on Armistice Day 1931 by President Herbert Hoover. The DC War Memorial, erected in memory of the 499 residents of the District of Columbia who died in World War I, is often overlooked by residents and visitors to Washington. (13) The DC War Memorial is located on the national Mall in Washington, adjacent to the World War II, Korean War, and Vietnam memorials. Of these memorials, which now compose a quartet of memorials to the 4 great wars of the American Century, only the DC War Memorial is not a national memorial. SEC. 2. PURPOSE. The purpose of this Act is to-- (1) establish a commission, in Kansas City, Missouri, to ensure a suitable national observance of the centennial of World War I; and (2) rededicate the Liberty Memorial of Kansas City and the District of Columbia War Memorial, respectively, as the ``National World War I Museum and Memorial'' and the ``District of Columbia and National World War I Memorial''. SEC. 3. DEFINITIONS. In this Act: (1) America's national world war i museum.--The term ``America's National World War I Museum'' means the Liberty Memorial Museum in Kansas City, Missouri, as recognized by Congress in section 1031(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 375; 118 Stat. 2045). (2) Commission.--The term ``Commission'' means the World War I Centennial Commission established by section 4(a). (3) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. SEC. 4. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``World War I Centennial Commission''. (b) Membership.-- (1) Composition.--The Commission shall be composed of 24 members as follows: (A) Four members who shall be appointed by the Speaker of the House of Representatives. (B) Three members who shall be appointed by the minority leader of the House of Representatives. (C) Four members who shall be appointed by the majority leader of the Senate. (D) Three members who shall be appointed by the minority leader of the Senate. (E) Seven members who shall be appointed by the President from among persons who are broadly representative of the people of the United States (including members of the Armed Forces, veterans, and representatives of veterans service organizations). (F) One member who shall be appointed by the executive director of the Veterans of Foreign Wars of the United States. (G) One member who shall be appointed by the executive director of the American Legion. (H) One member who shall be appointed by the president of the Liberty Memorial Association. (2) Period of appointment.--Each member shall be appointed for the life of the Commission. (3) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (4) Initial meeting.-- (A) In general.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (B) Location.--The location for the meeting held under subparagraph (A) shall be the America's National World War I Museum. (5) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chair. (B) Frequency.--The Chair shall call a meeting of the members of the Commission not less frequently than once each year. (C) Location.--Not less frequently than once each year, the Commission shall meet at the America's National World War I Museum. (6) Quorum.--Thirteen members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (7) Chair and vice chair.--The Commission shall select a Chair and Vice Chair from among its members. SEC. 5. DUTIES. (a) In General.--The duties of the Commission are as follows: (1) To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I. (3) To facilitate and coordinate activities throughout the United States relating to the centennial of World War I. (4) To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I. (5) To develop recommendations for Congress and the President for commemorating the centennial of World War I. (b) Reports.-- (1) Periodic report.--Beginning not later than the last day of the 3-month period beginning on the date described in section 10 and the last day of each 3-month period thereafter, the Commission shall submit to Congress and the President a report on the activities and plans of the Commission. (2) Recommendations.--Not later than 2 years after the date described in section 10, the Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate to carry out the purposes of this Act. (b) Powers of Member and Agents.--If authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take under this Act. (c) Information From Federal Agencies.--The Commission shall secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon the request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (e) Contract Authority.-- (1) In general.--Except as provided in paragraph (2), the Commission is authorized-- (A) to procure supplies, services, and property; and (B) to make or enter into contracts, leases, or other legal agreements. (2) Limitation.--The Commission may not enter into any contract, lease, or other legal agreement that extends beyond the date of the termination of the Commission under section 8(a). (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (g) Gifts, Bequests, and Devises.-- (1) Acceptance by commission.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (2) Deposit and availability.--Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall de deposited in the Treasury of the United States and shall be available for disbursement upon order of the Commission. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission shall serve without compensation for such service. (b) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions of title 5, United States Code. (c) Staff.-- (1) In general.--The Chair of the Commission shall, in consultation with the members of the Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. (2) Compensation.-- (A) In general.--Subject to subparagraph (B), the Chair of the Commission may fix the compensation of the executive director and any other personnel appointed under paragraph (1). (B) Limitation.--The Chair of the Commission may not fix the compensation of the executive director or other personnel appointed under paragraph (1) at a rate that exceeds the rate of payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (C) Work location.--If the city government for Kansas City, Missouri, and the Liberty Memorial Association make space available in the building in which the America's National World War I Museum is located, the executive director of the Commission and other personnel appointed under paragraph (1) shall work in such building to the extent practical. (d) Detail of Government Employees.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any employee of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Procurement of Temporary and Intermittent Services.--The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. SEC. 8. TERMINATION OF THE COMMISSION. (a) In General.--The Commission shall terminate on the earlier of-- (1) the date that is 30 days after the date of the completion of the activities under this Act honoring the centennial observation of World War I; or (2) July 28, 2019. (b) Application of Federal Advisory Committee Act.-- (1) In general.--Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Commission under this Act. (2) Exception.--Section 14(a)(2) of such Act shall not apply to the Commission. SEC. 9. DESIGNATION OF NATIONAL WORLD WAR I MEMORIALS. (a) Designation of the National World War I Museum and Memorial, Missouri.-- (1) In general.--The Liberty Memorial of Kansas City at the America's National World War I Museum in Kansas City, Missouri, is designated as the ``National World War I Museum and Memorial''. (2) Ceremonies.--The Commission may plan, develop, and execute ceremonies to rededicate the Liberty Memorial of Kansas City as the National World War I Museum and Memorial. (b) Designation of the District of Columbia and National World War I Memorial.-- (1) Designation.--The District of Columbia War Memorial in Washington, DC, is designated as the ``District of Columbia and National World War I Memorial''. (2) Ceremonies.--The Commission may plan, develop, and execute ceremonies to rededicate the District of Columbia War Memorial as the District of Columbia and National World War I Memorial. (3) Authority to establish commemorative work.-- (A) In general.--The World War I Memorial Foundation may establish a commemorative work at the site of the District of Columbia and National World War I Memorial consisting of an appropriate sculptural or other commemorative element reflecting the national character of the memorial. (B) Requirements.--Any commemorative work established under subparagraph (A) shall complement and preserve the memorial (including the landscape of the memorial), as in existence on the date of enactment of this Act. (4) Compliance with standards for commemorative works; location of memorial.-- (A) In general.--Subject to subparagraph (B), the rededication of the District of Columbia and National World War I Memorial shall be in accordance with chapter 89 of title 40, United States Code. (B) Congressional finding.--Congress finds that because this Act authorizes the rededication and related enhancement of a commemorative work that, as of the date of enactment of this Act, is in existence and is sited within the Reserve (as defined in section 8902(a)(3) of title 40, United States Code), the provisions regarding site approval and location of commemorative works under sections 8905 and 8908(c) of title 40, United States Code, do not apply to this Act. (5) Deposit of excess funds.--The World War I Memorial Foundation shall transmit to the Secretary of the Treasury for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code-- (A) any funds that remain after payment of all expenses incurred in the rededication of the memorial (including payment of the amount for maintenance and preservation required under section 8906(b) of that title); or (B) any funds that remain for the commemorative work authorized under subsection (a) on expiration of the authority for the commemorative work under section 8903(e) of that title. SEC. 10. EFFECTIVE DATE. This Act takes effect on the date that is 90 days after the date of enactment of this Act.", "summary": "Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans; and (5) develop commemoration recommendations for Congress and the President. Designates: (1) the Liberty Memorial of Kansas City in Kansas City, Missouri, as the National World War I Museum and Memorial; and (2) the District of Columbia War Memorial in Washington, D.C., as the District of Columbia and National World War I Memorial (Memorial). Authorizes the World War I Memorial Foundation to establish a commemorative work at the Memorial Site."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Law Enforcement Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) effective and impartial enforcement of the law is one of the most important functions of the government; (2) the preservation of our form of Government and the rights of our citizens are dependent upon competent and professional law enforcement agencies; (3) responsibility for law enforcement in the United States resides primarily with State and local governments; (4)(A) one-third of all Americans live in nonurban areas and 90 percent of all law enforcement agencies serve populations of fewer than 25,000 residents; and (B) 75 percent serve a population of fewer than 10,000 residents; (5) rural violent crime has increased over 35 percent from 1985 to 1995, and is taking a toll on rural citizens and rural law enforcement practitioners; (6) approximately 22,400 local government entities exist in the 50 States, and the needs of rural law enforcement in the areas of research, technical assistance, and the delivery of executive education and training programs have been jointly identified by the Federal Bureau of Investigation, the Department of Justice, and the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock; and (7) the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock will continue to cooperate with the Federal Bureau of Investigation and the Department of Justice to promote the development and implementation of training and education programs for rural law enforcement agencies. SEC. 3. NATIONAL CENTER FOR RURAL LAW ENFORCEMENT. (a) In General.--Title XVIII of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following new subtitle: ``Subtitle D--National Center for Rural Law Enforcement ``SEC. 180401. ESTABLISHMENT. ``(a) In General.--There is established at the University of Arkansas, at Little Rock, the National Center for Rural Law Enforcement. ``(b) Advisory Board.-- ``(1) In general.--There shall be established within the National Center for Rural Law Enforcement an Advisory Board (referred to in this Act as the `Advisory Board') that shall be comprised of 15 members, of whom-- ``(A) 10 shall be selected by the Attorney General of the United States, in consultation with the Director of the Federal Bureau of Investigation, from personnel of rural law enforcement agencies serving communities with populations of less than 25,000 people, 2 from each of 5 regions (including the Northeast, Northwest, Southeast, Southwest, and Midwest); ``(B) 2 shall be selected by the Attorney General from personnel of State law enforcement agencies, 1 from training and 1 from law enforcement; ``(C) 2 shall be selected by the Director of the Federal Bureau of Investigation from employees of the Federal Bureau of Investigation; and ``(D) the Executive Director of the National Center for Rural Law Enforcement, who shall serve as a permanent member of the Advisory Board. ``(2) Powers.-- ``(A) Terms of the Advisory Board members will be for 1 year, with 3 members rotating each year. The first Advisory Board members, at their first meeting, will draw lots from 1 to 5 years. ``(B) The Advisory Board members shall formulate, adopt, and publish guidelines governing the operation of the Center, consistent with its mission. ``(3) Travel expenses.--The members of the Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Advisory Board. ``(c) Executive Director.-- ``(1) Appointment.--The Attorney General shall appoint the Executive Director of the National Center for Rural Law Enforcement in consultation with the Director of the Federal Bureau of Investigation and the Chancellor of the University of Arkansas at Little Rock. The Executive Director shall serve a term not longer than 5 years. ``(2) Duties.--The Executive Director shall have the duties and responsibilities fulfilling functions as set forth in this Act, including the preparation and submission of a periodic report to the Advisory Board and the Chancellor of the University of Arkansas at Little Rock. ``(d) Procurement of Temporary and Intermittent Services.--The National Center for Rural Law Enforcement, with the advice of the Advisory Board, may procure temporary and intermittent services under section 3109 of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for members of the Senior Executive Service, ES-6, Level V of the Executive Schedule as authorized by section 5352 of such title. ``SEC. 180402. FUNCTIONS. ``(a) In General.--The Director of the National Center for Rural Law Enforcement shall provide for-- ``(1) the training of supervisory and executive managers of rural law enforcement in a systematic and effective manner; ``(2) the support of rural law enforcement agencies with technical assistance and practical and focused research; ``(3) equitable education and training opportunities for rural law enforcement personnel; ``(4) the delivery of training programs by Federal agencies and the Center; ``(5) the promotion, development, and adoption of a voluntary national system of education and training standards and certification; ``(6) the development and dissemination of information designed to assist States and units of local government in rural areas throughout the country; ``(7) grants to, and contracts with, Federal, State, and general units of local government, public and private agencies, educational institutions, organizations, and individuals to carry out this subtitle; ``(8) the establishment and continuation of a clearinghouse and information center for the collection, preparation, and dissemination of information on criminal justice and rural law enforcement, including programs for prevention of crime and recidivism, and management training of law enforcement personnel; ``(9) assistance and service in a consulting capacity to Federal, State, and local criminal justice agencies in the development, maintenance, and coordination of programs, facilities and services, training, research, and prevention with respect to crime in rural areas; ``(10) the encouragement and assistance to Federal, State, and local government programs and services, and programs for law enforcement officers, judges and judicial personnel, probation and parole personnel, correctional personnel, welfare workers, and other persons; ``(11) the development of technical training teams to aid in the development of seminars, workshops, and training programs within the States and with the State and local agencies that work with rural law enforcement managers; ``(12) the conduct, encouragement, and coordination of research relating to law enforcement and criminal justice issues, including the causes, diagnosis, and prevention of criminal activity; ``(13) the formulation and dissemination of rural law enforcement policy, goals, standards, and recommendations for Federal, State, and local criminal justice agencies, organizations, institutions, and personnel; and ``(14) evaluation programs that study the effectiveness of new approaches, techniques, systems, programs, and devices employed to improve rural law enforcement systems. ``(b) Authority.--The National Center for Rural Law Enforcement may-- ``(1) enter into contracts with public or private agencies, organizations, or individuals for the performance of any of the functions of the Center; ``(2) enter into cooperative agreements with Federal, State, and local agencies and nonprofit entities to carry out the functions of the Center; ``(3) arrange with and reimburse the heads of Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies; ``(4) confer with and avail itself of the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, and individuals; and ``(5) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates of compensation not to exceed the daily equivalent of the rate authorized for members of the Senior Executive Service, ES-6, Level 5, as authorized by section 5352 of title 5, United States Code. ``(c) Methods.--In carrying out its functions under this section, the National Center for Rural Law Enforcement shall-- ``(1) utilize consensus building; ``(2) work in cooperation with-- ``(A) rural, nonurban law enforcement agencies; ``(B) agencies of Federal, State, and local governments; and ``(C) institutions of higher learning, law enforcement associations, and other not-for-profit organizations; ``(3) request and receive from other Federal departments and agencies such statistics, data, program reports, and other materials necessary for the Center to carry out its functions; ``(4) arrange with and reimburse the heads of other Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies; and ``(5) use the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, and individuals. ``SEC. 180403. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subtitle, as a separate line item in the Department of Justice Appropriations Act-- ``(1) $12,000,000 for fiscal year 1997; and ``(2) such sums as are necessary for each of the fiscal years 1998 through 2001.''. (b) Technical Amendment.--The table of contents for the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end of the matter relating to title XVIII, the following: ``Subtitle D--National Center for Rural Law Enforcement ``Sec. 180401. Establishment. ``Sec. 180402. Functions. ``Sec. 180403. Authorization of appropriations.''.", "summary": "Rural Law Enforcement Act of 1996 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to establish the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock. Establishes an advisory board and requires the Attorney General to appoint an Executive Director of the Center to prepare and submit a periodic report to the advisory board and the University. Sets forth the Director's functions, including providing for: (1) the support of rural law enforcement agencies with technical assistance and practical and focused research; (2) education and training for rural law enforcement managers and personnel; (3) grants and contracts to carry out this Act; (4) the establishment and continuation of a clearinghouse and information center on criminal justice and rural law enforcement; (5) consulting assistance and service to Federal, State, and local criminal justice agencies with respect to crime in rural areas; and (6) evaluation programs that study the effectiveness of new approaches employed to improve rural law enforcement systems. Authorizes appropriations to carry out this Act as a separate line item in the Department of Justice Appropriations Act."}
{"article": "SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Rocky Mountain National Park Wilderness Act''. (b) Purpose.--The purpose of this Act is to include in the National Wilderness Preservation System certain lands within the Rocky Mountain National Park, Colorado, in order to protect the enduring scenic and historic wilderness character and unique wildlife values of the lands as well as the scientific, educational, inspirational, and recreational resources, values, and opportunities of the lands. SEC. 2. DESIGNATION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain lands within the Rocky Mountain National Park, Colorado, which comprise approximately ____ acres, as generally depicted on the map titled ``Rocky Mountain National Park, Colorado Wilderness Boundaries'' and dated June 2005, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The designated lands shall be known as the Rocky Mountain National Park Wilderness. (b) Map and Description.-- (1) Preparation and submission.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall prepare a map and a boundary description of the Rocky Mountain National Park Wilderness designated by subsection (a) and file the map and boundary description with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The map and boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior. (2) Treatment.--The map and boundary description prepared under paragraph (1) shall have the same force and effect as if included in this Act. The Secretary of the Interior may correct clerical and typographical errors in the map and description. (c) Potential Wilderness Lands.-- (1) Definition.--In this section, the term ``potential wilderness lands'' means-- (A) lands identified as potential wilderness on the map referred to in subsection (a); and (B) lands and interests therein acquired by the United States on or after the date of the enactment of this Act that are located within the boundaries of the Rocky Mountain National Park and are contiguous with lands designated as wilderness by this Act. (2) Inclusion in wilderness.--Upon publication in the Federal Register of a notice by the Secretary of the Interior that all uses of a parcel of potential wilderness lands inconsistent with the Wilderness Act have ceased, the parcel shall be included in the Rocky Mountain National Park Wilderness designated by subsection (a) and managed as provided in section 3. The Secretary of the Interior shall modify the map and boundary description prepared under subsection (b) to reflect the inclusion of the parcel in the Rocky Mountain National Park Wilderness. (d) Exclusion of Certain Lands.--The boundaries of the Rocky Mountain National Park Wilderness and the potential wilderness lands specifically exclude the following: (1) The Grand Ditch (including both the main canal of the Grand Ditch and a branch thereof known as the specimen Ditch) and its right-of-way as well as associated appurtenances, structures, buildings, camps, and work sites in existence as of June 1, 1998. (2) Lands owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the Inlet Ditch to such reservoir from the North St. Vrain Creek, amounting to approximately 35.38 acres. (3) Lands owned by the Wincentsen-Harms Trust, amounting to approximately 2.75 acres. (e) Relation to Lands Outside Wilderness.--Nothing in this Act shall affect the management or use of any lands not included within the boundaries of the Rocky Mountain National Park Wilderness or the potential wilderness lands. SEC. 3. MANAGEMENT OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. (a) Management Generally.--Subject to valid existing rights, lands designated as wilderness by section 2(a) or subsequently included in the Rocky Mountain National Park Wilderness by section 2(c) shall be managed by the Secretary of the Interior in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act. With respect to the lands designated as wilderness by section 2(a), any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. With respect to the lands subsequently included in the Rocky Mountain National Park Wilderness by section 2(c), any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date on which the lands were included in the wilderness area. (b) Water Rights.-- (1) Findings.--The Congress finds the following: (A) According to decisions of the courts of the State of Colorado, the United States has existing rights to water within the Rocky Mountain National Park. (B) Those rights are sufficient for the purposes of the Rocky Mountain National Park Wilderness as designated by section 2. (C) In light of the findings in subparagraphs (A) and (B), there is no need for this Act to effect a reservation by the United States of any additional water rights to fulfill the purposes for which the Rocky Mountain National Park Wilderness is designated. (2) No reservation.--Nothing in this Act or any action taken pursuant to this Act shall constitute either an express or implied reservation of water or water rights for any purpose. (c) Colorado-Big Thompson Project.-- (1) Current activities.--Activities on, under, or affecting the lands designated as wilderness by section 2 relating to the monitoring, operation, maintenance, repair, replacement, and use of the Colorado-Big Thompson Project and its facilities which were allowed as of June 1, 1998, shall be allowed to continue and shall not be affected by the designation of the lands as wilderness. (2) New activities.--In addition to the activities described in paragraph (1), any other activities on, under, or affecting the lands designated as wilderness by section 2 that because of emergencies or catastrophic events become necessary for the operation, maintenance, repair, replacement, and continue use of the Colorado-Big Thompson Project and its facilities shall be allowed, subject only to reasonable restrictions which are established by the Secretary of the Interior to protect the wilderness values of the lands. In implementing this paragraph, the Secretary shall not establish any restrictions on the activities that would prevent the occurrence of such necessary activities or that would reduce the water supply provided by the Colorado-Big Thompson Project or the Windy Gap Project. (3) Relation to authority in act establishing park.-- Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow development within the lands designated as wilderness by section 2 of any reclamation project not in existence as of the date of the enactment of this Act. (d) No Buffer Zones.--Congress does not intend that the designation by this Act of the Rocky Mountain National Park Wilderness creates or implies the creation of protective perimeters or buffer zones around the wilderness area. The fact that nonwilderness activities or uses can be seen or heard from within the wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area.", "summary": "Rocky Mountain National Park Wilderness Act- Designates certain lands in Rocky Mountain National Park, Colorado, as components of the National Wilderness Preservation System, which shall be known as the Rocky Mountain National Park Wilderness."}
{"article": "SECTION 1. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN. (a) In General.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basis rules of general application) is amended by inserting after section 1021 the following new section: ``SEC. 1022. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Solely for purposes of determining gain on the sale or other disposition by an individual of an indexed asset which has been held for more than 1 year, the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Special rule for recapture gain.-- ``(A) In general.--Paragraph (1) shall not apply for purposes of determining the amount of recapture gain on the sale or other disposition of an indexed asset, but the amount of any such recapture gain shall increase the adjusted basis of the asset for purposes of applying paragraph (1) to determine the amount of other gain on such sale or other disposition. ``(B) Recapture gain.--For purposes of subparagraph (A), the term `recapture gain' means any gain treated as ordinary income under section 1245 or 1254 or which would be treated as ordinary income under section 1250 if such section applied to all depreciation adjustments instead of only additional depreciation. ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) any stock in a corporation, and ``(B) any tangible property (or any interest therein), which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(2) Certain property excluded.--For purposes of this section, the term `indexed asset' does not include-- ``(A) Creditor's interest.--Any interest in property which is in the nature of a creditor's interest. ``(B) Collectibles.--Any collectible (as defined in section 408(m)(2) without regard to section 408(m)(3)). ``(C) Options.--Any option or other right to acquire an interest in property. ``(D) Net lease property.--In the case of a lessor, net lease property (within the meaning of subsection (i)(3)). ``(E) Certain preferred stock.--Stock which is fixed and preferred as to dividends and does not participate in corporate growth to any significant extent. ``(F) Stock in foreign corporations.--Stock in a foreign corporation. ``(G) Stock in s corporations.--Stock in an S corporation. ``(3) Exception for stock in foreign corporation which is regularly traded on national or regional exchange.--Paragraph (2)(F) shall not apply to stock in a foreign corporation the stock of which is listed on the New York Stock Exchange, the American Stock Exchange, or any domestic regional exchange for which quotations are published on a regular basis or is authorized for trading on the national market system operated by the National Association of Securities Dealers other than-- ``(A) stock of a foreign investment company (within the meaning of section 1246(b)), ``(B) stock in a passive foreign investment company (as defined in section 1296), and ``(C) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2). ``(c) Indexed Basis.--For purposes of this section-- ``(1) Indexed basis.--The indexed basis for any asset is-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the applicable inflation ratio. ``(2) Applicable inflation ratio.--The applicable inflation ratio for any asset shall be determined by dividing-- ``(A) the CPI for the calendar year preceding the calendar year in which the disposition takes place, by ``(B) the CPI for the calendar year preceding the calendar year in which the taxpayer's holding period for such asset began (or, if later, for calendar year 1992). The applicable inflation ratio shall not be taken into account unless it is greater than 1. The applicable inflation ratio for any asset shall be rounded to the nearest one-hundredth. ``(3) Conventions.--For purposes of paragraph (2), if any asset is disposed of during any calendar year-- ``(A) such disposition shall be treated as occurring on the last day of such calendar year, and ``(B) the taxpayer's holding period for such asset shall be treated as beginning in the same calendar year as would be determined for an asset actually disposed of on such last day with a holding period of the same length as the actual holding period of the asset involved. ``(4) CPI.--For purposes of this subsection, the CPI for any calendar year shall be determined under section 1(f)(4). ``(d) Short Sales.-- ``(1) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 1 year, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) multiplied by the applicable inflation ratio. In applying subsection (c)(2) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date on which the holding period for the asset begins and the closing date for the sale shall be treated as the date of disposition. ``(2) Short sale of substantially identical property.--If the taxpayer or the taxpayer's spouse sells short property substantially identical to an asset held by the taxpayer, the asset held by the taxpayer and the substantially identical property shall not be treated as indexed assets for the short sale period. ``(3) Short sale period.--For purposes of this subsection, the short sale period begins on the day after property is sold and ends on the closing date for the sale. ``(e) Treatment of Regulated Investment Companies and Real Estate Investment Trusts.-- ``(1) Adjustments at entity level.-- ``(A) In general.--Except as otherwise provided in this paragraph, the adjustment under subsection (a) shall be allowed to any qualified investment entity (including for purposes of determining the earnings and profits of such entity). ``(B) Exception for corporate shareholders.--Under regulations-- ``(i) in the case of a distribution by a qualified investment entity (directly or indirectly) to a corporation-- ``(I) the determination of whether such distribution is a dividend shall be made without regard to this section, and ``(II) the amount treated as gain by reason of the receipt of any capital gain dividend shall be increased by the percentage by which the entity's net capital gain for the taxable year determined without regard to this section exceeds the entity's net capital gain for such year determined with regard to this section, and ``(ii) there shall be other appropriate adjustments (including deemed distributions) so as to ensure that the benefits of this section are not allowed (directly or indirectly) to corporate shareholders of qualified investment entities. For purposes of the preceding sentence, any amount includible in gross income under section 852(b)(3)(D) shall be treated as a capital gain dividend and an S corporation shall not be treated as a corporation. ``(C) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). ``(D) Exception for certain taxes imposed at entity level.-- ``(i) Tax on failure to distribute entire gain.--If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). A similar rule shall apply in the case of any amount subject to tax under paragraph (2) or (3) of section 857(b) to the extent attributable to the excess of the net capital gain over the deduction for dividends paid determined with reference to capital gain dividends only. The first sentence of this clause shall not apply to so much of the amount subject to tax under section 852(b)(3)(A) as is designated by the company under section 852(b)(3)(D). ``(ii) Other taxes.--This section shall not apply for purposes of determining the amount of any tax imposed by paragraph (4), (5), or (6) of section 857(b). ``(2) Adjustments to interests held in entity.-- ``(A) In general.--Stock in a qualified investment entity shall be an indexed asset for any calendar month in the same ratio as the fair market value of the assets held by such entity at the close of such month which are indexed assets bears to the fair market value of all assets of such entity at the close of such month. ``(B) Ratio of 90 percent or more.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 90 percent or more, such ratio for such month shall be 100 percent. ``(C) Ratio of 10 percent or less.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 10 percent or less, such ratio for such month shall be zero. ``(D) Valuation of assets in case of real estate investment trusts.--Nothing in this paragraph shall require a real estate investment trust to value its assets more frequently than once each 36 months (except where such trust ceases to exist). The ratio under subparagraph (A) for any calendar month for which there is no valuation shall be the trustee's good faith judgment as to such valuation. ``(3) Qualified investment entity.--For purposes of this subsection, the term `qualified investment entity' means-- ``(A) a regulated investment company (within the meaning of section 851), and ``(B) a real estate investment trust (within the meaning of section 856). ``(f) Other Pass-Thru Entities.-- ``(1) Partnerships.-- ``(A) In general.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners (but only for purposes of determining the income of partners who are individuals). ``(B) Special rule in the case of section 754 elections.--In the case of a transfer of an interest in a partnership with respect to which the election provided in section 754 is in effect-- ``(i) the adjustment under section 743(b)(1) shall, with respect to the transferor partner, be treated as a sale of the partnership assets for purposes of applying this section, and ``(ii) with respect to the transferee partner, the partnership's holding period for purposes of this section in such assets shall be treated as beginning on the date of such adjustment. ``(2) S corporations.--In the case of an S corporation, the adjustment made under subsection (a) at the corporate level shall be passed through to the shareholders. This section shall not apply for purposes of determining the amount of any tax imposed by section 1374 or 1375. ``(3) Common trust funds.--In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants (but only for purposes of determining the income of participants who are individuals). ``(g) Dispositions Between Related Persons.--This section shall not apply to any sale or other disposition of property between related persons (within the meaning of section 465(b)(3)(C)) if such property, in the hands of the transferee, is of a character subject to the allowance for depreciation provided in section 167. ``(h) Transfers To Increase Indexing Adjustment.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. ``(i) Special Rules.--For purposes of this section-- ``(1) Treatment as separate asset.--In the case of any asset, the following shall be treated as a separate asset: ``(A) A substantial improvement to property. ``(B) In the case of stock of a corporation, a substantial contribution to capital. ``(C) Any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(2) Assets which are not indexed assets throughout holding period.--The applicable inflation ratio shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(3) Net lease property defined.--The term `net lease property' means leased property where-- ``(A) the term of the lease (taking into account options to renew) was 50 percent or more of the useful life of the property, and ``(B) for the period of the lease, the sum of the deductions with respect to such property which are allowable to the lessor solely by reason of section 162 (other than rents and reimbursed amounts with respect to such property) is 15 percent or less of the rental income produced by such property. ``(j) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 is amended by inserting after the item relating to section 1021 the following new item: ``Sec. 1022. Indexing of certain assets acquired after 1991 for purposes of determining gain.'' (c) Effective Date.--The amendments made by this section shall apply to dispositions of any property after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to require indexing, based on the consumer price index, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian Democracy Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Since the dissolution of the Soviet Union, the leadership of the Russian Federation has publicly committed itself to building-- (A) a society with democratic political institutions and practices, the observance of universally recognized standards of human rights, and religious and press freedom; and (B) a market economy based on internationally accepted principles of transparency, accountability, and the rule of law. (2) In order to facilitate this transition, the international community has provided multilateral and bilateral technical assistance, and the United States' contribution to these efforts has played an important role in developing new institutions built on democratic and liberal economic foundations and the rule of law. (3)(A) Since 1992, United States Government democratic reform programs and public diplomacy programs, including training, and small grants have provided access to and training in the use of the Internet, brought nearly 40,000 Russian citizens to the United States, and have led to the establishment of more than 65,000 nongovernmental organizations, thousands of independent local media outlets, despite governmental opposition, and numerous political parties. (B) These efforts contributed to the substantially free and fair Russian parliamentary elections in 1995 and 1999. (4) The United States has assisted Russian efforts to replace its centrally planned, state-controlled economy with a market economy and helped create institutions and infrastructure for a market economy. Approximately two-thirds of the Russian Federation's gross domestic product is now generated by the private sector, and the United States recognized Russia as a market economy on June 7, 2002. (5)(A) The United States has fostered grassroots entrepreneurship in the Russian Federation by focusing United States economic assistance on small- and medium-sized businesses and by providing training, consulting services, and small loans to more than 250,000 Russian entrepreneurs. (B) There are now more than 900,000 small businesses in the Russian Federation, producing 12 to 15 percent, depending on the estimate, of the gross domestic product of the Russian Federation. (C) United States-funded programs have contributed to fighting corruption and financial crime, such as money laundering, by helping to-- (i) establish a commercial legal infrastructure; (ii) develop an independent judiciary; (iii) support the drafting of a new criminal code, civil code, and bankruptcy law; (iv) develop a legal and regulatory framework for the Russian Federation's equivalent of the United States Securities and Exchange Commission; (v) support Russian law schools; (vi) create legal aid clinics; and (vii) bolster law-related activities of nongovernmental organizations. (6) Because the capability of Russian democratic forces and the civil society to organize and defend democratic gains without international support is uncertain, and because the gradual integration of the Russian Federation into the global order of free-market, democratic nations would enhance Russian cooperation with the United States on a wide range of political, economic, and security issues, the success of democracy in Russia is in the national security interest of the United States, and the United States Government should develop a far-reaching and flexible strategy aimed at strengthening Russian society's support for democracy and a market economy, particularly by enhancing Russian democratic institutions and education, promoting the rule of law, and supporting Russia's independent media. (7) Since the tragic events of September 11, 2001, the Russian Federation has stood with the United States and the rest of the civilized world in the struggle against terrorism and has cooperated in the war in Afghanistan by sharing intelligence and through other means. (8) United States-Russia relations have improved, leading to a successful summit between President Bush and President Putin in May 2002, resulting in a ``Foundation for Cooperation''. (b) Purposes.--The purposes of this Act are-- (1) to strengthen and advance institutions of democratic government and of free and independent media, and to sustain the development of an independent civil society in the Russian Federation based on religious and ethnic tolerance, internationally recognized human rights, and an internationally recognized rule of law; and (2) to focus United States foreign assistance programs on using local expertise and to give local organizations a greater role in designing and implementing such programs, while maintaining appropriate oversight and monitoring. SEC. 3. UNITED STATES POLICY TOWARD THE RUSSIAN FEDERATION. (a) Sense of Congress.--It is the sense of Congress that the United States Government should-- (1) recognize that a democratic and economically stable Russian Federation is inherently less confrontational and destabilizing in its foreign policy and therefore that the promotion of democracy in Russia is in the national security interests of the United States; and (2) continue and increase assistance to the democratic forces in the Russian Federation, including the independent media, regional administrations, democratic political parties, and nongovernmental organizations. (b) Statement of Policy.--It shall be the policy of the United States-- (1) to facilitate Russia's integration into the Western community of nations, including supporting the establishment of a stable democracy and a market economy within the framework of the rule of law and respect for individual rights, including Russia's membership in the appropriate international institutions; (2) to engage the Government of the Russian Federation and Russian society in order to strengthen democratic reform and institutions, and to promote transparency and good governance in all aspects of society, including fair and honest business practices, accessible and open legal systems, freedom of religion, and respect for human rights; (3) to advance a dialogue among United States Government officials, private sector individuals, and representatives of the Government of the Russian Federation regarding Russia's integration into the Western community of nations; (4) to encourage United States Government officials and private sector individuals to meet regularly with democratic activists, human rights activists, representatives of the independent media, representatives of nongovernmental organizations, civic organizers, church officials, and reform-minded politicians from Moscow and all other regions of the Russian Federation; (5) to incorporate democratic reforms, the promotion of independent media, and economic reforms in a broader United States dialogue with the Government of the Russian Federation; (6) to encourage the Government of the Russian Federation to address, in a cooperative and transparent manner consistent with internationally recognized and accepted principles, cross-border issues, including the nonproliferation of weapons of mass destruction, environmental degradation, crime, trafficking, and corruption; (7) to consult with the Government of the Russian Federation and the Russian Parliament on the adoption of economic and social reforms necessary to sustain Russian economic growth and to ensure Russia's transition to a fully functioning market economy and membership in the World Trade Organization; (8) to persuade the Government of the Russian Federation to honor its commitments made to the Organization for Security and Cooperation in Europe (OSCE) at the November 1999 Istanbul Conference, and to conduct a genuine good neighbor policy toward the other independent states of the former Soviet Union in the spirit of internationally accepted principles of regional cooperation; and (9) to encourage the G-8 partners and international financial institutions, including the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development, to develop financial safeguards and transparency practices in lending to the Russian Federation. SEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961. (a) In General.-- (1) Democracy and rule of law.--Section 498(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295(2)) is amended-- (A) in the paragraph heading, by striking ``Democracy'' and inserting ``Democracy and rule of law''; (B) by striking subparagraphs (E) and (G); (C) by redesignating subparagraph (F) as subparagraph (I); (D) by inserting after subparagraph (D) the following: ``(E) development and support of grass-roots and nongovernmental organizations promoting democracy, the rule of law, transparency, and accountability in the political process, including grants in small amounts to such organizations; ``(F) international exchanges and other forms of public diplomacy to promote greater understanding on how democracy, the public policy process, market institutions, and an independent judiciary function in Western societies; ``(G) political parties and coalitions committed to promoting democracy, human rights, and economic reforms; ``(H) support for civic organizations committed to promoting human rights;''; and (E) by adding at the end the following: ``(J) strengthened administration of justice through programs and activities carried out in accordance with section 498B(e), including-- ``(i) support for nongovernmental organizations, civic organizations, and political parties that favor a strong and independent judiciary; ``(ii) support for local organizations that work with judges and law enforcement officials in efforts to achieve a reduction in the number of pretrial detainees; and ``(iii) support for the creation of legal associations or groups that provide training in human rights and advocacy, public education with respect to human rights- related laws and proposed legislation, and legal assistance to persons subject to improper government interference.''. (2) Independent media.--Section 498 of the Foreign Assistance Act of 1961 (22 U.S.C. 2295) is amended-- (A) by redesignating paragraphs (3) through (13) as paragraphs (4) through (14), respectively; and (B) by inserting after paragraph (2) the following: ``(3) Independent media.--Developing free and independent media, including-- ``(A) supporting all forms of independent media reporting, including print, radio, and television; ``(B) providing special support for, and unrestricted public access to, nongovernmental Internet-based sources of information, dissemination and reporting, including providing technical and other support for web radio services, providing computers and other necessary resources for Internet connectivity and training new Internet users in nongovernmental civic organizations on methods and uses of Internet-based media; and ``(C) training in journalism, including investigative journalism techniques that educate the public on the costs of corruption and act as a deterrent against corrupt officials.''. (b) Conforming Amendment.--Section 498B(e) of such Act is amended by striking ``paragraph (2)(G)'' and inserting ``paragraph (2)(J)''. SEC. 5. ACTIVITIES TO SUPPORT THE RUSSIAN FEDERATION. (a) Assistance Programs.--In providing assistance to the Russian Federation under chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.), the President is authorized to-- (1) work with the Government of the Russian Federation, the Duma, and representatives of the Russian Federation judiciary to help implement a revised and improved code of criminal procedure and other laws; (2) establish civic education programs relating to democracy, public policy, the rule of law, and the importance of independent media, including the establishment of ``American Centers'' and public policy schools at Russian universities and encourage cooperative programs with universities in the United States to offer courses through Internet-based off-site learning centers at Russian universities; and (3) support the Regional Initiatives (RI) program, which provides targeted assistance in those regions of the Russian Federation that have demonstrated a commitment to reform, democracy, and the rule of law, and which promotes the concept of such programs as a model for all regions of the Russian Federation. (b) Radio Free Europe/Radio Liberty and Voice of America.--RFE/RL, Incorporated, and the Voice of America should use new and innovative techniques, in cooperation with local independent media sources and using local languages as appropriate and as possible, to disseminate throughout the Russian Federation information relating to democracy, free-market economics, the rule of law, and human rights. SEC. 6. AUTHORIZATION OF ASSISTANCE FOR DEMOCRACY, INDEPENDENT MEDIA, AND THE RULE OF LAW. Of the amounts made available to carry out the provision of chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.) and the FREEDOM Support Act for fiscal year 2003, $50,000,000 is authorized to be available for the activities authorized by paragraphs (2) and (3) of section 498 of the Foreign Assistance Act of 1961, as amended by section 4(a) of this Act. SEC. 7. PRESERVING THE ARCHIVES OF HUMAN RIGHTS ACTIVIST AND NOBEL PEACE PRIZE WINNER ANDREI SAKHAROV. (a) Authorization.--The President is authorized, on such terms and conditions as the President determines to be appropriate, to make a grant to Brandeis University for an endowment for the Andrei Sakharov Archives and Human Rights Center for the purpose of collecting and preserving documents related to the life of Andrei Sakharov and the administration of such Center. (b) Funding.--There is authorized to be appropriated to the President to carry out subsection (a) not more than $1,500,000. SEC. 8. EXTENSION OF LAW. The provisions of section 108(c) of H.R. 3427, as enacted by section 1000(a)(7) of Public Law 106-113, shall apply to United States contributions for fiscal year 2003 to the organization described in section 108(c) of H.R. 3427. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Russian Democracy Act of 2002 - (Sec. 3) Declares it shall be U.S. policy to: (1) facilitate Russia's integration into the Western community of nations, including supporting the establishment of a stable democracy and a market economy within the framework of the rule of law and respect for individual rights, and including its membership in appropriate international institutions; (2) engage the Government of the Russian Federation and Russian society to strengthen democratic reform and institutions, and to promote transparency and good governance in all aspects of society, including fair and honest business practices, accessible and open legal systems, freedom of religion, and respect for human rights; (3) incorporate democratic reforms, the promotion of an independent media, and economic reforms in a broader U.S. dialogue with such Government; (4) encourage such Government to address, in a cooperative and transparent manner consistent with internationally recognized and accepted principles, cross-border issues, including the nonproliferation of weapons of mass destruction, environmental degradation, crime, trafficking, and corruption; (5) consult with such Government and the Russian Parliament on the adoption of economic and social reforms necessary to sustain Russian economic growth and to ensure Russia's transition to a market economy and membership in the World Trade Organization; (6) persuade the Government of the Russian Federation to honor its commitments to the Organization for Security and Cooperation in Europe (OSCE) at the November 1999 Istanbul Conference and to be a good neighbor toward other independent states of the former Soviet Union in the spirit of internationally accepted principles of regional cooperation; and (7) encourage G-8 partners and international financial institutions, including the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development to develop financial safeguards and transparency practices in lending to the Russian Federation.(Sec. 4) Amends the Foreign Assistance Act of 1961 to include among activities eligible for U.S. assistance to the independent states of the former Soviet Union any activities for the promotion of democracy, rule of law, transparency, international exchanges and other forms of public diplomacy, human rights, economic reforms, administration of justice, and the development of a free and independent media in Russia. Authorizes the President to carry out specified related activities in providing such assistance to Russia.(Sec. 5) Urges Radio Free Europe/Radio Liberty and the Voice of America to use new and innovative techniques, in cooperation with local independent media sources and using local languages as appropriate and as possible, to disseminate information throughout the Russian Federation relating to democracy, free-market economics, rule of law, and human rights.(Sec. 6) Authorizes appropriations for FY 2003."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Muhammad Ali Expansion Act''. SEC. 2. INCLUSION OF MIXED MARTIAL ARTS FIGHTERS. (a) Definitions.--Section 2 of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6301) is amended-- (1) by redesignating paragraphs (4) through (15) as paragraphs (5), (6), (7), (9), (10), (11), (12), (13), (14), (15), (16), and (17), respectively; (2) by inserting after paragraph (3) the following: ``(4) Fighter.--The term `fighter' means an individual who fights in a professional mixed martial arts competition or other professional combat sport competition.''; (3) by inserting after paragraph (7), as so redesignated, the following: ``(8) Combat sport competition.--The term `combat sport competition' means a professional fight that allows fighters to use one or more forms of martial arts, including mixed martial arts. Such term does not include-- ``(A) a combat sport that allows the use of a weapon or foreign object; or ``(B) a competition that is regulated by an amateur sports organization.''; and (4) by adding at the end the following: ``(18) Mixed martial arts.--The term `mixed martial arts' means a full-contact combat sport that allows fighters to use both striking and grappling techniques, and both standing and on the ground, from a variety of other combat sports and martial arts.''. (b) Conforming Amendments.-- (1) Sections 3 through 21 (other than section 20) of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6301 et seq.) are amended-- (A) by inserting ``or fighter'' after ``boxer'' each place it appears; (B) by inserting ``and fighters'' after ``boxers'' each place it appears; (C) by inserting ``or combat sport competition'' after ``boxing match'' each place it appears; (D) by inserting ``and combat sport competitions'' after ``boxing matches'' each place it appears; (E) by inserting ``or competition'' after ``the match'' each place it appears; and (F) by striking ``boxing service provider'' and inserting ``boxing or combat sport service provider''. (2) Section 2 of such Act (15 U.S.C. 6301) is further amended-- (A) in paragraph (2), by inserting ``and combat sport competitions'' after ``professional boxing matches''; (B) in paragraphs (3), (6), and (14), by inserting ``and fighters'' after ``boxers'' each place it appears; (C) in paragraphs (4), (11), and (13), by inserting ``or fighter'' after ``boxer'' each place it appears; (D) in paragraphs (6), (9), and (14), by inserting ``or combat sport competition'' after ``professional boxing match'' each place it appears; (E) in paragraph (9), by inserting ``or competition'' after ``the match'' each place it appears; (F) in paragraphs (12) and (13), by striking ``boxing service provider'' and inserting ``boxing or combat sport service provider''; and (G) in paragraph (15) by inserting ``or combat sports'' after ``boxing''. (3) Section 3(2) of such Act (15 U.S.C. 6302(2)) is further amended by inserting ``and professional combat sports industry'' after ``professional boxing industry''. (4) Section 4(a) of such Act (15 U.S.C. 6303(a)) is further amended by inserting ``and combat sport regulations'' after ``professional boxing regulations''. (5) Section 6(c) of such Act (15 U.S.C. 6305(c)) is further amended by inserting ``and fighting'' after ``risk associated with boxing''. (6) Section 7(a)(2) of such Act (15 U.S.C. 6306(a)(2)) is further amended by inserting ``or compete'' after ``box''. (7) Section 9 of such Act is further amended-- (A) by striking ``Within 2'' and inserting the following: ``(a) Boxing Contracts.--Within 2''; and (B) by adding at the end the following: ``(b) Combat Sports Contracts.--Not later than 2 years after the date of enactment of the Muhammad Ali Expansion Act, the Association of Boxing Commissions (ABC) shall develop and shall approve by a vote of no less than a majority of its member State boxing commissioners, guidelines for minimum contractual provisions that should be included in bout agreements and mixed martial arts and other combat sport contracts. It is the sense of the Congress that State boxing commissions should follow these ABC guidelines.''. (8) Section 10(a) of such Act is further amended-- (A) in paragraph (1)(B), by inserting ``or fighter's'' after ``boxer's''; and (B) in paragraph (2)-- (i) by striking ``This subsection'' and inserting ``With respect to boxing contracts, this subsection''; and (ii) by adding at the end the following: ``With respect to mixed martial arts and other combat sport contracts, this subsection shall only apply to contracts entered into after the date of the enactment of the Muhammad Ali Expansion Act.''. (9) Section 11 of such Act is further amended-- (A) in subsection (a)-- (i) by striking ``Within 2'' and inserting the following: ``(1) Boxing contracts.--Within 2''; and (ii) by adding at the end the following: ``(2) Combat sports.--Not later than 2 years after the date of the enactment of the Muhammad Ali Expansion Act, the Association of Boxing Commissions shall develop and shall approve by a vote of no less than a majority of its member State boxing commissioners, guidelines for objective and consistent written criteria for the ratings of mixed martial arts and other combat sports. It is the sense of the Congress that sanctioning bodies and State boxing commissions should follow these ABC guidelines.''; and (B) in subsection (d)(1)(C) is amended by striking ``boxer's rating'' and inserting ``boxer or fighter's rating''. (10) Section 13 of such Act is further amended-- (A) in subsection (a), by striking ``boxer's purse'' and inserting ``boxer or fighter's purse''; and (B) in subsection (b), by striking ``boxer's purse'' and inserting ``boxer or fighter's purse''. (11) Section 17(b)(2)(B) of such Act (15 U.S.C. 6308(b)(2)(B)) is further amended by inserting ``, and fighters participating in a mixed martial arts competition or other combat sport competition scheduled for 11 minutes or more'' after ``10 rounds or more''. (12) Section 18(b)(3) of such Act (15 U.S.C. 6309(b)(3)) is further amended by inserting ``or combat sport'' after ``State boxing''.", "summary": "Muhammad Ali Expansion Act This bill amends the Professional Boxing Safety Act of 1996 to: (1) establish definitions for \"fighter,\" \"combat sport competition,\" and \"mixed martial arts\"; and (2) include individuals who fight in a professional mixed martial arts competition or other professional combat sport competition, such competitions, and the professional combat sports industry within the scope of such Act. The bill requires the Association of Boxing Commissions, within two years after enactment of this bill, to establish: (1) guidelines for minimum contractual provisions that should be included in bout agreements and mixed martial arts and other combat sport contracts, and (2) guidelines for objective and consistent written criteria for the ratings of mixed martial arts and other combat sports. The bill applies conflict of interest provisions that prohibit a promoter from having a financial interest in the management of a boxer, or a manager from having a financial interest in the promotion of a boxer, to fighters participating in a mixed martial arts or other combat sport competition scheduled for 11 minutes or more."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy American Motor Vehicles Act of 1993''. SEC. 2. STATEMENT OF PURPOSE. It is the purpose of this Act to stimulate economic growth by encouraging the purchase of new domestic passenger vehicles through the provision of a temporary tax credit, which a purchaser may assign in exchange for an equal reduction in the purchase price of the vehicle from the amount such price would have been if this Act had not been enacted. SEC. 3. TEMPORARY REFUNDABLE CREDIT FOR PURCHASE OF NEW DOMESTIC PASSENGER VEHICLES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. PURCHASE OF NEW DOMESTIC PASSENGER VEHICLE. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who purchases a new domestic passenger vehicle, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year in which the purchase is made an amount equal to the applicable percentage of the purchase price of the vehicle. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is-- ``(A) 15 percent, in the case of a vehicle purchased in calendar year 1993, and ``(B) 7.5 percent, in the case of a vehicle purchased in calendar year 1994. ``(3) Limitation.--The credit allowed by paragraph (1) for any taxpayer shall not exceed-- ``(A) $2,000, in the case of taxable years ending on or before December 31, 1993, and ``(B) $1,000, in the case of taxable years ending after such date. ``(b) Assignment of Credit.--Under regulations prescribed by the Secretary-- ``(1) an individual qualifying for a credit under subsection (a) may, at the time of purchase of the vehicle, assign the right to the credit to the retail dealer from whom the vehicle is purchased in exchange for a purchase price reduction of equal value, ``(2) such retail dealer may assign such right to the manufacturer of the vehicle, and ``(3) such manufacturer shall be allowed to use such credit against the tax imposed by this chapter on such manufacturer. ``(c) New Domestic Passenger Vehicle.--For purposes of this section-- ``(1) In general.--The term `new domestic passenger vehicle' means any domestic vehicle which-- ``(A) is a passenger vehicle (within the meaning of section 4001(b)), and ``(B) is purchased by the taxpayer in the 1st retail sale of the vehicle (within the meaning of section 4001(a)). ``(2) Domestic vehicle.--The term `domestic vehicle' means any vehicle if-- ``(A) the vehicle is produced by a domestic vehicle manufacturer at a manufacturing facility located within the United States or Canada, and ``(B) such manufacturer includes on the label required by section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232) information concerning-- ``(i) whether the vehicle is a domestic vehicle eligible for the credit allowed by this section, and ``(ii) the percentage of the value of all parts used in the production of the vehicle which is attributable to parts produced by domestic parts manufacturers. ``(3) Domestic manufacturers.-- ``(A) Domestic vehicle manufacturer.--The term `domestic vehicle manufacturer' means a manufacturer (whether or not a related source) of motor vehicles which-- ``(i) has 1 or more motor vehicle manufacturing facilities located within the United States which produce motor vehicles for interstate sale or export, or both, and (ii) with respect to its production of motor vehicles in the facilities referred to in clause (i) during the most recently completed calendar year, utilized motor vehicle parts produced by domestic manufacturers which constituted 60 percent or more of the total value of all motor vehicle parts used in such production. ``(B) Domestic parts manufacturer.--The term `domestic parts manufacturer' means a manufacturer of motor vehicle parts which-- ``(i) has 1 or more motor vehicle parts manufacturing facilities located within the United States or Canada, and ``(ii) either-- ``(I) is not a related source, ``(II) is not affiliated with a related source, or ``(III) is affiliated with a related source, but with respect to its production of motor vehicle parts in the facilities referred to in clause (i) during the most recent full calendar year, utilized materials and components produced by, or purchased or otherwise obtained (directly or indirectly) from, related sources to an extent not exceeding 25 percent of the total value of such production. ``(4) Related sources, ownership, and affiliation.-- ``(A) Related source.--The term `related source' means-- ``(i) a natural person who is a citizen of Japan, and ``(ii) a corporation or other legal entity, wherever located, if owned or controlled by-- ``(I) natural persons who are citizens of Japan, or ``(II) another corporation or other legal entity which is owned or controlled by natural persons who are citizens of Japan, unless such corporation or other legal entity would qualify as a domestic parts manufacturer under paragraph (3)(B). ``(B) Own or control.--The term `own or control' means-- ``(i) in the case of a corporation, the holding of at least 50 percent (by vote or value) of the capital structure of the corporation, and ``(ii) in the case of any other kind of legal entity, the holding of interests representing at least 50 percent of the capital structure of the entity. ``(C) Affiliated.--A domestic parts manufacturer shall be considered to be affiliated with a related source if-- ``(i) in the case of a domestic parts manufacturer which is a corporation, a related source holds at least 2.5 percent but less than 50 percent (by vote or value) of the capital structure of the corporation, and ``(ii) in the case of a domestic parts manufacturer which is any other kind of legal entity, a related source holds interests representing at least 2.5 percent, but less than 50 percent, of the capital structure of the entity. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Purchase price.--Purchase price shall be determined under rules similar to the rules of section 4011(d)(1). ``(2) Value.--The term `value' when applied to-- ``(A) materials and components used in production of motor vehicles parts, or ``(B) motor vehicle parts used in the production of motor vehicles, refers to the cost of such materials, components, or parts to the manufacturer of such parts or vehicles as determined for purposes of applying this title (including, in the case of purchases of materials, components, and parts involving related sources, entities owned or controlled by related sources, or entities affiliated with related sources, determinations based on the application of the transfer price rules). ``(3) United states.--The term `United States' includes the Commonwealth of Puerto Rico and the possessions of the United States. ``(e) Regulations.--Not later than 60 days after the date of the enactment of this section, the Secretary shall prescribe any regulations appropriate to carry out the purposes of this section, including regulations to prevent the avoidance of any limitation or requirement of this section. ``(f) Termination.--This section shall not apply to any vehicle purchased after December 31, 1994.'' (b) Clerical Amendment.--The table of sections for such subpart C is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Purchase of new domestic passenger vehicle. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to vehicles purchased after December 31, 1992.", "summary": "Buy American Motor Vehicles Act of 1993 - Amends the Internal Revenue Code to allow a tax credit, for an individual who purchases a new domestic passenger vehicle, of: (1) 15 percent of the purchase price, in the case of a vehicle purchased in 1993; and (2) 7.5 percent, in the case of a vehicle purchased in 1994. Limits the credit to $2,000 in 1993 and $1,000 after such year. Allows an individual qualifying for such credit, at the time of such purchase, to assign the right to the credit to the retail dealer in exchange for a price reduction of equal value. Allows the retailer dealer to assign such right to the manufacturer of the vehicle. Allows manufacturers to use such credit against their tax liability. Defines a domestic parts manufacturer as one with manufacturing facilities within the United States or Canada and who is not Japanese or Japanese-affiliated."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Campaign Reform Act''. SEC. 2. INCOME TAX CREDIT FOR CONGRESSIONAL CAMPAIGN CONTRIBUTIONS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 23 the following new section: ``SEC. 24. CONGRESSIONAL CAMPAIGN CONTRIBUTIONS. ``(a) General Rule.--In the case of an individual, there shall be allowed, subject to the limitations in subsection (b), as a credit against the tax imposed by this chapter for the taxable year, an amount equal to the sum of-- ``(1) 100 percent of the portion of all qualified congressional campaign contributions which does not exceed $25, and ``(2) 50 percent of the remaining portion of all qualified congressional campaign contributions. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) for a taxable year shall not exceed $100 ($200 in the case of a joint return). ``(2) Verification.--A credit shall be allowed by subsection (a) with respect to any contribution only if the contribution is verified in the manner prescribed by the Secretary in regulations. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified congressional campaign contribution.--The term `qualified congressional campaign contribution' means a contribution or gift of money-- ``(A) payment of which is made during the taxable year to an individual who is a candidate for nomination or election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress in any primary, general, or special election, for use by the individual to further the candidacy of the individual for nomination or election to the office, and ``(B) which is from a taxpayer (or either spouse in the case of a joint return) who is a resident of the State in which the election is held. ``(2) Candidate.--The term `candidate' means an individual who-- ``(A) publicly announces before the close of the calendar year following the calendar year in which the contribution or gift is made that the individual is a candidate for nomination or election to an office referred to in paragraph (1)(A), and ``(B) meets the qualifications prescribed by law to hold the office. ``(d) Inflation Adjustment.--In the case of any taxable year beginning in a calendar year after 1994, each dollar amount contained in subsections (a) and (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1994' for `calendar year 1989' in subparagraph (B) of such section. ``(e) Credit not Allowed to Estates and Trusts.--No credit shall be allowed under this section to any estate or trust.''. (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Congressional campaign contributions.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 3. REDUCTION IN THE CEILING ON MULTICANDIDATE POLITICAL COMMITTEE CONTRIBUTIONS TO CANDIDATES. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000'' and inserting in lieu thereof ``$2,500''. SEC. 4. INCREASE IN THE CEILING ON CONTRIBUTIONS TO CANDIDATES BY PERSONS OTHER THAN MULTICANDIDATE POLITICAL COMMITTEES. Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking out ``$1,000'' and inserting in lieu thereof ``$2,000''. SEC. 5. PROHIBITION OF LEADERSHIP COMMITTEES. Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C. 432) is amended by adding at the end the following new subsection: ``(j) A candidate for Federal office may not establish, maintain, finance, or control a political committee other than the principal campaign committee of the candidate.''. SEC. 6. PROHIBITION OF CONTRIBUTIONS BETWEEN MULTICANDIDATE POLITICAL COMMITTEES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) No multicandidate political committee may make any contribution to another multicandidate political committee.''. SEC. 7. ADDITIONAL REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d) In addition to any other reporting requirement under this section, each authorized committee of a candidate shall include in any report of contributions to such committee, with respect to any contribution of more than $25, the name and mailing address of the person making the contribution, and, in the case of a contribution by an individual, the occupation and the name of the employer of the individual.''. SEC. 8. NAME REQUIREMENT FOR CERTAIN SEPARATE SEGREGATED FUNDS. Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by adding at the end the following new sentence: ``Any separate segregated fund under subparagraph (C) that is a multicandidate political committee shall include in its name the name of the entity that establishes the fund.''. SEC. 9. SIGNATURE OF CANDIDATE REQUIRED ON REPORTS OF AUTHORIZED COMMITTEES. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 7, is further amended by adding at the end the following new subsection: ``(e) Any report required by this section with respect to an authorized committee of a candidate shall be signed by the candidate.''.", "summary": "Common Sense Campaign Reform Act - Amends the Internal Revenue Code to allow a tax credit of up to $100 ($200 for a joint return) for qualified congressional campaign contributions. Amends the Federal Election Campaign Act of 1971 to reduce the ceiling (from $5,000 to $2,500) on multicandidate political committee (PAC) contributions to candidates for Federal office. Increases the ceiling (from $1,000 to $2,000) on contributions to such candidates by persons other than PACs. Prohibits a candidate for Federal office from establishing, maintaining, financing, or controlling a political committee (leadership committee) other than the principal campaign committee. Prohibits contributions between PACs. Requires the authorized committee of a candidate to include in the report of contributions to such committee certain identifying information of contributors of more than $25. Requires a separate segregated fund established by a national bank, corporation, or labor organization that is a PAC to include in its name the name of the establishing entity. Requires the candidate to sign any required reports."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Shawnee Tribe Status Act of 2000''. SEC. 2. FINDINGS. Congress finds the following: (1) The Cherokee Shawnees, also known as the Loyal Shawnees, are recognized as the descendants of the Shawnee Tribe which was incorporated into the Cherokee Nation of Indians of Oklahoma pursuant to an agreement entered into by and between the Shawnee Tribe and the Cherokee Nation on June 7, 1869, and approved by the President on June 9, 1869, in accordance with Article XV of the July 19, 1866, Treaty between the United States and the Cherokee Nation (14 Stat. 799). (2) The Shawnee Tribe from and after its incorporation and its merger with the Cherokee Nation has continued to maintain the Shawnee Tribe's separate culture, language, religion, and organization, and a separate membership roll. (3) The Shawnee Tribe and the Cherokee Nation have concluded that it is in the best interests of the Shawnee Tribe and the Cherokee Nation that the Shawnee Tribe be restored to its position as a separate federally recognized Indian tribe and all current and historical responsibilities, jurisdiction, and sovereignty as it relates to the Shawnee Tribe, the Cherokee-Shawnee people, and their properties everywhere, provided that civil and criminal jurisdiction over Shawnee individually owned restricted and trust lands, Shawnee tribal trust lands, dependent Indian communities, and all other forms of Indian country within the jurisdictional territory of the Cherokee Nation and located within the State of Oklahoma shall remain with the Cherokee Nation, unless consent is obtained by the Shawnee Tribe from the Cherokee Nation to assume all or any portion of such jurisdiction. (4) On August 12, 1996, the Tribal Council of the Cherokee Nation unanimously adopted Resolution 96-09 supporting the termination by the Secretary of the Interior of the 1869 Agreement. (5) On July 23, 1996, the Shawnee Tribal Business Committee concurred in such resolution. (6) On March 13, 2000, a second resolution was adopted by the Tribal Council of the Cherokee Nation (Resolution 15-00) supporting the submission of this legislation to Congress for enactment. SEC. 3. DEFINITIONS. In this Act: (1) Cherokee nation.--The term ``Cherokee Nation'' means the Cherokee Nation, with its headquarters located in Tahlequah, Oklahoma. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribe.--The term ``Tribe'' means the Shawnee Tribe, known also as the ``Loyal Shawnee'' or ``Cherokee Shawnee'', which was a party to the 1869 Agreement between the Cherokee Nation and the Shawnee Tribe of Indians. (4) Trust land.--The term ``trust land'' means land, the title to which is held by the United States in trust for the benefit of an Indian tribe or individual. (5) Restricted land.--The term ``restricted land'' means any land, the title to which is held in the name of an Indian or Indian tribe subject to restrictions by the United States against alienation. SEC. 4. FEDERAL RECOGNITION, TRUST RELATIONSHIP, AND PROGRAM ELIGIBILITY. (a) Federal Recognition.--The Federal recognition of the Tribe and the trust relationship between the United States and the Tribe are hereby reaffirmed. Except as otherwise provided in this Act, the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501 et seq.) (commonly known as the ``Oklahoma Indian Welfare Act''), and all laws and rules of law of the United States of general application to Indians, Indian tribes, or Indian reservations which are not inconsistent with this Act shall apply to the Tribe, and to its members and lands. The Tribe is hereby recognized as an independent tribal entity, separate from the Cherokee Nation or any other Indian tribe. (b) Program Eligibility.-- (1) In general.--Subject to the provisions of this subsection, the Tribe and its members are eligible for all special programs and services provided by the United States to Indians because of their status as Indians. (2) Continuation of benefits.--Except as provided in paragraph (3), the members of the Tribe who are residing on land recognized by the Secretary to be within the Cherokee Nation and eligible for Federal program services or benefits through the Cherokee Nation shall receive such services or benefits through the Cherokee Nation. (3) Administration by tribe.--The Tribe shall be eligible to apply for and administer the special programs and services provided by the United States to Indians because of their status as Indians, including such programs and services within land recognized by the Secretary to be within the Cherokee Nation, in accordance with applicable laws and regulations to the same extent that the Cherokee Nation is eligible to apply for and administer programs and services, but only-- (A) if the Cherokee Nation consents to the operation by the Tribe of federally funded programs and services; (B) if the benefits of such programs or services are to be provided to members of the Tribe in areas recognized by the Secretary to be under the jurisdiction of the Tribe and outside of land recognized by the Secretary to be within the Cherokee Nation, provided that those members are not receiving such programs or services from another Indian tribe; or (C) if under applicable provisions of Federal law, the Cherokee Nation is not eligible to apply for and administer such programs or services. (4) Duplication of services not allowed.--The Tribe shall not be eligible to apply for or administer any Federal programs or services on behalf of Indian recipients if such recipients are receiving or are eligible to receive the same federally funded programs or services from the Cherokee Nation. (5) Cooperative agreements.--Nothing in this section shall restrict the Tribe and the Cherokee Nation from entering into cooperative agreements to provide such programs or services and such funding agreements shall be honored by Federal agencies, unless otherwise prohibited by law. SEC. 5. ESTABLISHMENT OF A TRIBAL ROLL. (a) Approval of Base Roll.--Not later than 180 days after the date of enactment of this Act, the Tribe shall submit to the Secretary for approval its base membership roll, which shall include only individuals who are not members of any other federally recognized Indian tribe or who have relinquished membership in such tribe and are eligible for membership under subsection (b). (b) Base Roll Eligibility.--An individual is eligible for enrollment on the base membership roll of the Tribe if that individual-- (1) is on, or eligible to be on, the membership roll of Cherokee Shawnees maintained by the Tribe prior to the date of enactment of this Act which is separate from the membership roll of the Cherokee Nation; or (2) is a lineal descendant of any person-- (A) who was issued a restricted fee patent to land pursuant to Article 2 of the Treaty of May 10, 1854, between the United States and the Tribe (10 Stat. 1053); or (B) whose name was included on the 1871 Register of names of those members of the Tribe who moved to, and located in, the Cherokee Nation in Indian Territory pursuant to the Agreement entered into by and between the Tribe and the Cherokee Nation on June 7, 1869. (c) Future Membership.--Future membership in the Tribe shall be as determined under the eligibility requirements set out in subsection (b)(2) or under such future membership ordinance as the Tribe may adopt. SEC. 6. ORGANIZATION OF THE TRIBE; TRIBAL CONSTITUTION. (a) Existing Constitution and Governing Body.--The existing constitution and bylaws of the Cherokee Shawnee and the officers and members of the Shawnee Tribal Business Committee, as constituted on the date of enactment of this Act, are hereby recognized respectively as the governing documents and governing body of the Tribe. (b) Constitution.--Notwithstanding subsection (a), the Tribe shall have a right to reorganize its tribal government pursuant to section 3 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 503). SEC. 7. TRIBAL LAND. (a) Land Acquisition.-- (1) In general.--The Tribe shall be eligible to have land acquired in trust for its benefit pursuant to section 5 of the Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 465) and section 1 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501). (2) Certain land in oklahoma.--Notwithstanding any other provision of law but subject to subsection (b), if the Tribe transfers any land within the boundaries of the State of Oklahoma to the Secretary, the Secretary shall take such land into trust for the benefit of the Tribe. (b) Restriction.--No land recognized by the Secretary to be within the Cherokee Nation or any other Indian tribe may be taken into trust for the benefit of the Tribe under this section without the consent of the Cherokee Nation or such other tribe, respectively. SEC. 8. JURISDICTION. (a) In General.--The Tribe shall have jurisdiction over trust land and restricted land of the Tribe and its members to the same extent that the Cherokee Nation has jurisdiction over land recognized by the Secretary to be within the Cherokee Nation and its members, but only if such land-- (1) is not recognized by the Secretary to be within the jurisdiction of another federally recognized tribe; or (2) has been placed in trust or restricted status with the consent of the federally recognized tribe within whose jurisdiction the Secretary recognizes the land to be, and only to the extent that the Tribe's jurisdiction has been agreed to by that host tribe. (b) Rule of Construction.--Nothing in this Act shall be construed to diminish or otherwise limit the jurisdiction of any Indian tribe that is federally recognized on the day before the date of enactment of this Act over trust land, restricted land, or other forms of Indian country of that Indian tribe on such date. SEC. 9. INDIVIDUAL INDIAN LAND. Nothing in this Act shall be construed to affect the restrictions against alienation of any individual Indian's land and those restrictions shall continue in force and effect. SEC. 10. TREATIES NOT AFFECTED. No provision of this Act shall be construed to constitute an amendment, modification, or interpretation of any treaty to which a tribe mentioned in this Act is a party nor to any right secured to such a tribe or to any other tribe by any treaty.", "summary": "Makes the Tribe and its members eligible for all special programs and services provided by the United States to Indians. Requires the Tribe to submit its base membership roll to the Secretary of the Interior for approval. Recognizes the Tribe's constitution and bylaws and governing body. Makes the Tribe eligible to have land acquired in trust for its benefit. Grants the Tribe jurisdiction over its and its members' trust and restricted land."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Spyware Control and Privacy Protection Act of 2000''. SEC. 2. COLLECTION OF INFORMATION BY COMPUTER SOFTWARE. (a) Notice and Choice Required.-- (1) In general.--Any computer software made available to the public, whether by sale or without charge, that includes a capability to collect information about the user of such computer software, the hardware on which such computer software is used, or the manner in which such computer software is used, and to disclose to such information to any person other than the user of such computer software, shall include-- (A) a clear and conspicuous written notice, on the first electronic page of the instructions for the installation of such computer software, that such computer software includes such capability; (B) a description of the information subject to collection and the name and address of each person to whom such computer software will transmit or otherwise communicate such information; and (C) a clear and conspicuous written electronic notice, in a manner reasonably calculated to provide the user of such computer software with easily understood instructions on how to disable such capability without affecting the performance or operation of such computer software for the purposes for which such computer software was intended. (2) Enablement of capability.--A capability of computer software described in paragraph (1) may not be enabled unless the user of such computer software provides affirmative consent, in advance, to the enablement of the capability. (3) Exception.--The requirements in paragraphs (1) and (2) shall not apply to any capability of computer software that is reasonably needed to-- (A) determine whether or not the user is a licensed or authorized user of such computer software; (B) provide, upon request of the user, technical support of the use of such computer software by the user; or (C) enable an employer to monitor computer usage by its employees while such employees are within the scope of employment as authorized by applicable Federal, State, or local law. (4) Use of information collected through excepted capability.--Any information collected through a capability described in paragraph (1) for a purpose referred to in paragraph (3) may be utilized only for the purpose for which such information is collected under paragraph (3). (5) Access to information collected through excepted capability.--Any person collecting information about a user of computer software through a capability described in paragraph (1) shall-- (A) upon request of the user, provide reasonable access by user to information so collected; (B) provide a reasonable opportunity for the user to correct, delete, or supplement such information; and (C) make the correction or supplementary information a part of the information about the user for purposes of any future use of such information under this subsection. (6) Security of information collected through excepted capability.--Any person collecting information through a capability described in paragraph (1) shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of such information. (b) Preinstallation.--In the case of computer software described in subsection (a)(1) that is installed on a computer by someone other than the user of such computer software, whether through preinstallation by the provider of such computer or computer software, by installation by someone before delivery of such computer to the user, or otherwise, the notice and instructions under that subsection shall be provided in electronic form to the user before the first use of such computer software by the user. (c) Violations.--A violation of subsection (a) or (b) shall be treated as an unfair or deceptive act or practice proscribed by section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (d) Disclosure to Law Enforcement or Under Court Order.-- (1) In general.--Notwithstanding any other provision of this section, a computer software provider that collects information about users of the computer software may disclose information about a user of the computer software-- (A) to a law enforcement agency in response to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, or a court order issued in accordance with paragraph (3); or (B) in response to a court order in a civil proceeding granted upon a showing of compelling need for the information that cannot be accommodated by any other means if-- (i) the user to whom the information relates is given reasonable notice by the person seeking the information of the court proceeding at which the order is requested; and (ii) the user is afforded a reasonable opportunity to appear and contest the issuance of the requested order or to narrow its scope. (2) Safeguards against further disclosure.--A court that issues an order described in paragraph (1) shall impose appropriate safeguards on the use of the information to protect against its unauthorized disclosure. (3) Court orders.--A court order authorizing disclosure under paragraph (1)(A) may issue only with prior notice to the user and only if the law enforcement agency shows that there is probable cause to believe that the user has engaged, is engaging, or is about to engage in criminal activity and that the records or other information sought are material to the investigation of such activity. In the case of a State government authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this paragraph, on a motion made promptly by the computer software provider may quash or modify such order if the information or records requested are unreasonably voluminous in nature or if compliance with such order otherwise would cause an unreasonable burden on the provider. (e) Private Right of Action.-- (1) Actions authorized.--A person may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate Federal court, if such laws or rules prohibit such actions, either or both of the actions as follows: (A) An action based on a violation of subsection (a) or (b) to enjoin such violation. (B) An action to recover actual monetary loss for a violation of subsection (a) or (b) in an amount equal to the greater of-- (i) the amount of such actual monetary loss; or (ii) $2,500 for such violation, not to exceed a total amount of $500,000. (2) Additional remedy.--If the court in an action under paragraph (1) finds that the defendant willfully, knowingly, or repeatedly violated subsection (a) or (b), the court may, in its discretion, increase the amount of the award under paragraph (1)(B) to an amount not greater than three times the amount available under paragraph (1)(B)(ii). (3) Litigation costs and attorney fees.--In any action under paragraph (1), the court may, in its discretion, require an undertaking for the payment of the costs of such action and assess reasonable costs, including reasonable attorney fees, against the defendant. (4) Venue.--In addition to any contractual provision otherwise, venue for an action under paragraph (1) shall lie where the computer software concerned was installed or used or where the person alleged to have committed the violation concerned is found. (5) Protection of trade secrets.--At the request of any party to an action under paragraph (1), or any other participant in such action, the court may, in its discretion, issue a protective order and conduct proceedings in such action so as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved in order to-- (A) prevent possible recurrence of the same or a similar act by another person; or (B) protect any trade secrets of such party or participant. (f) Definitions.--In this section: (1) Collect.--The term ``collect'' means the gathering of information about a computer or a user of computer software by any means, whether direct or indirect and whether active or passive. (2) Computer.--The term ``computer'' means a programmable electronic device that can store, retrieve, and process data. (3) Computer software.--(A) Except as provided in subparagraph (B), the term ``computer software'' means any program designed to cause a computer to perform a desired function or functions. (B) The term does not include a text file, or cookie, placed on a person's computer system by an Internet service provider, interactive computer service, or commercial Internet website to return information to the Internet service provider, interactive computer service, commercial Internet website, or third party if the person subsequently uses the Internet service provider or interactive computer service, or accesses the commercial Internet website. (4) Information.--The term ``information'' means information that personally identifies a user of computer software, including the following: (A) A first and last name, whether given at birth or adoption, assumed, or legally changed. (B) A home or other physical address including street name and name of a city or town. (C) An electronic mail address. (D) A telephone number. (E) A social security number. (F) A credit card number, any access code associated with the credit card, or both. (G) A birth date, birth certificate number, or place of birth. (H) Any other unique information identifying an individual that a computer software provider, Internet service provider, interactive computer service, or operator of a commercial Internet website collects and combines with information described in subparagraphs (A) through (G) of this paragraph. (5) Person.--The term ``person'' has the meaning given that term in section 3(32) of the Communications Act of 1934 (47 U.S.C. 153(32)). (6) User.--The term ``user'' means an individual who acquires, through purchase or otherwise, computer software for purposes other than resale. (g) Effective Date.--This section shall take effect 180 days after the date of the enactment of this Act.", "summary": "Prohibits such capability from being enabled unless the user consent in advance. Provides exceptions for any such capability reasonably needed to: (1) determine whether a user is a licensed or authorized user; (2) provide technical support for such software; or (3) enable an employer to monitor computer usage by employees within the scope of employment authorized by applicable Federal, State, or local law. Requires the protection of information collected through such exceptions. Treats each violations of such requirements and prohibition as an unfair or deceptive act or practice under the Federal Trade Commission Act. Authorizes a software provider to disclose such information to law enforcement officials or a court under a warrant or court order (requiring that the user be given notice of such request and an opportunity to contest). Requires a court issuing such an order to ensure appropriate safeguards on the use of such information. Provides a private right of action for users for enforcement of this Act. Authorizes a court, in such an action, to issue a protective order and conduct proceedings so as to protect trade secrets."}
{"article": "SECTION 1. FORMULA AND TERMS FOR ALLOCATIONS TO PREVENT HOMELESSNESS FOR INDIVIDUALS LIVING WITH HIV OR AIDS. (a) In General.--Subsection (c) of section 854 of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) is amended by-- (1) redesignating paragraph (3) as paragraph (5); and (2) striking paragraphs (1) and (2) and inserting the following: ``(1) Allocation of resources.-- ``(A) Allocation formula.--The Secretary shall allocate 90 percent of the amount approved in appropriations Acts under section 863 among States and metropolitan statistical areas as follows: ``(i) 75 percent of such amounts among-- ``(I) cities that are the most populous unit of general local government in a metropolitan statistical area with a population greater than 500,000, as determined on the basis of the most recent census, and with more than 2,000 individuals living with HIV or AIDS, using the data specified in subparagraph (B); and ``(II) States with more than 2,000 individuals living with HIV or AIDS outside of metropolitan statistical areas. ``(ii) 25 percent of such amounts among States and metropolitan statistical areas based on the method described in subparagraph (C). ``(B) Source of data.--For purposes of allocating amounts under this paragraph for any fiscal year, the number of individuals living with HIV or AIDS shall be the number of such individuals as confirmed by the Director of the Centers for Disease Control and Prevention, as of December 31 of the most recent calendar year for which such data is available. ``(C) Allocation under subparagraph (A)(ii).--For purposes of allocating amounts under subparagraph (A)(ii), the Secretary shall develop a method that accounts for-- ``(i) differences in housing costs among States and metropolitan statistical areas based on the fair market rental established pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)) or another methodology established through a notice published by the Secretary in the Federal Register; and ``(ii) differences in poverty rates among States and metropolitan statistical areas based on area poverty indexes or another methodology established through a notice published by the Secretary in the Federal Register. ``(2) Maintaining grants.-- ``(A) Continued eligibility of fiscal year 2016 grantees.--A grantee that received an allocation in fiscal year 2016 shall continue to be eligible for allocations under paragraph (1) in subsequent fiscal years, subject to-- ``(i) the amounts available from appropriations Acts under section 863; ``(ii) approval under section 105 by the Secretary of the most recent comprehensive housing affordability strategy for the grantee; and ``(iii) the requirements of subparagraph (C). ``(B) Adjustments.--Allocations to grantees described in subparagraph (A) shall be adjusted annually based on sections 203 (except subsection (d)) and 209 of division C of the Consolidated and Further Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 693) except that, in lieu of the number of cases of AIDS, such sections shall be adjusted, through a notice published by the Secretary in the Federal Register, to reflect the number of individuals living with HIV or AIDS, and the allocation factors under paragraph (1)(C) of this subsection. ``(C) Redetermination of continued eligibility.-- The Secretary shall redetermine the continued eligibility of a grantee that received an allocation in fiscal year 2016 at least once during the 10-year period following fiscal year 2016. ``(D) Adjustment to grants.--For each of fiscal years 2017, 2018, 2019, 2020, and 2021, the Secretary shall ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation that is 5 percent less than or 10 percent greater than the share of total available formula funds allocated to such grantee in the preceding fiscal year. ``(3) Alternative grantees.-- ``(A) Requirements.--The Secretary may award funds reserved for a grantee eligible under paragraph (1) to an alternative grantee if-- ``(i) the grantee submits to the Secretary a written agreement between the grantee and the alternative grantee that describes how the alternative grantee will take actions consistent with the applicable comprehensive housing affordability strategy for the grantee approved under section 105 of this Act; ``(ii) the Secretary approves the written agreement described in clause (i) and agrees to award funds to the alternative grantee; and ``(iii) the written agreement does not exceed a term of 10 years. ``(B) Renewal.--An agreement approved pursuant to subparagraph (A) may be renewed by the parties with the approval of the Secretary. ``(C) Definition.--In this paragraph, the term `alternative grantee' means a public housing agency (as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))), a unified funding agency (as defined in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360)), a State, a unit of general local government, or an instrumentality of State or local government. ``(4) Reallocations.--If a State or the city that is the most populous unit of general local government in a metropolitan statistical area declines an allocation under paragraph (1)(A), or the Secretary determines, in accordance with criteria specified in regulation, that a State or the city that is the most populous unit of general local government in a metropolitan statistical area that is eligible for an allocation under paragraph (1)(A) is unable to properly administer such allocation, the Secretary shall reallocate any funds reserved for such State or metropolitan statistical area as follows: ``(A) For funds reserved for a State-- ``(i) to eligible metropolitan statistical areas within the State on a pro rata basis; or ``(ii) if there is no eligible metropolitan statistical area within a State, to metropolitan cities and urban counties within the State that are eligible for a grant under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306), on a pro rata basis. ``(B) For funds reserved for a metropolitan statistical area, to the State in which the metropolitan statistical area is located. ``(C) If the Secretary is unable to make a reallocation under subparagraph (A) or (B), the Secretary shall make such funds available on a pro rata basis under the formula in paragraph (1)(A).''. (b) Amendment to Definitions.--Section 853 of the AIDS Housing Opportunity Act (42 U.S.C. 12902) is amended-- (1) in paragraph (1), by inserting ``or `AIDS''' before ``means''; and (2) by inserting at the end the following new paragraphs: ``(15) The term `HIV' means infection with the human immunodeficiency virus. ``(16) The term `individuals living with HIV or AIDS' means, with respect to the counting of cases in a geographic area during a period of time, the sum of-- ``(A) the number of living non-AIDS cases of HIV in the area; and ``(B) the number of living cases of AIDS in the area.''.", "summary": "This bill amends the AIDS Housing Opportunity Act to revise the formula and requirements for distributing funds under the Housing Opportunities for Persons With Aids (HOPWA) Program. A grantee that received an allocation in FY2016 shall continue to be eligible for such allocations in subsequent fiscal years, subject to approval by the Department of Housing and Urban Development (HUD) and the amounts available from appropriations Acts. HUD shall: redetermine a grantee's eligibility at least once every 10 years, and ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation 5% less than or 10% greater than the share of total available formula funds allocated to that grantee in the preceding fiscal year. HUD may also award such funds to an alternative grantee if the original grantee agrees in a written document meeting HUD approval. References to "cases of AIDS" and "AIDS cases" shall be replaced by "individuals living with HIV or AIDS," which means, with respect to the counting of cases in a geographic area during a period of time, the sum of: the number of living non-AIDS cases of HIV in the area, and the number of living cases of AIDS in the area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Advantage Participant Bill of Rights Act of 2014''. SEC. 2. LIMITATION ON REMOVAL OF MEDICARE ADVANTAGE PROVIDERS BY MA ORGANIZATIONS. (a) Limitation.--Section 1852(d) of the Social Security Act (42 U.S.C. 1395w-22(d)) is amended by adding at the end the following: ``(7) Limitation on removal of providers from ma plans by ma organizations.-- ``(A) Removal of providers with cause.--Beginning with plan year 2015, except as provided in subparagraph (C), an MA organization offering an MA plan may only remove a provider of services or a supplier from a network of such plan if the organization has cause to remove such provider or supplier. ``(B) Cause to remove providers.-- ``(i) In general.--An MA organization offering an MA plan has cause to remove a provider of services or a supplier from a network of such plan if the Secretary determines that the provider or supplier is-- ``(I) medically negligent; ``(II) in violation of any legal or contractual requirement applicable to the provider or supplier acting within the lawful scope of practice, including any participation or other requirement applicable to such provider or supplier under this title or under any contractual term for such plan; or ``(III) otherwise unfit to furnish items and services in accordance with requirements of this title. ``(ii) Consideration of cost to ma organizations.--For purposes of subparagraph (A), cost to an MA organization offering an MA plan due to the participation of a provider of services or supplier in a network of such plan does not constitute cause for the MA organization to remove such provider or supplier from the network, and such cost may not be considered as a factor in favor of a determination that such organization has cause to remove the provider. ``(C) Exception.--With respect to each upcoming plan year, beginning with plan year 2015, an MA organization offering an MA plan may only remove a provider of services or supplier from a network of such plan for reasons not specified in subparagraph (B)(i) before the date that is 60 days before the first day of the annual coordinated election period for such plan year under section 1851(e)(3). ``(D) Notice and appeal process.-- ``(i) In general.--Any removal of a provider of services or supplier from a network of an MA plan may occur only after the completion of a fair notice and appeal process that the Secretary shall establish by regulation. Such process shall require the MA organization to provide to such provider or supplier and to the Secretary an explanation of the reason or reasons for the removal. ``(ii) Application.-- ``(I) Application of new process.-- In the case of a removal of a provider of services or supplier from a network of an MA plan occurring on or after the effective date published in a final rule for such fair notice and appeal process, such process shall apply in lieu of the process for the termination or suspension of a provider contract under section 422.202(a) of title 42, Code of Federal Regulations. ``(II) Continuation of old process.--In the case of a removal of a provider of services or supplier from a network of an MA plan occurring before such effective date, the process for the termination or suspension of a provider contract under section 422.202(a) of title 42, Code of Federal Regulations, shall apply. ``(E) Participant notice and protection.-- ``(i) Notice to participants of provider removal.--Not less than 60 days before the date on which a provider of services or supplier is removed from a network of an MA plan, the MA organization offering such plan shall provide notification of the removal to each individual enrolled in such plan receiving items or services from the provider or supplier during the plan year in effect on the date of removal or during the previous plan year. Such notification shall include-- ``(I) the names and telephone numbers of in-network providers of services and suppliers offering items and services that are the same or similar to the items and services offered by the removed provider or supplier; ``(II) information regarding the options available to an individual enrolled in such plan to request the continuation of medical treatment or therapy with the removed provider or supplier; and ``(III) one or more customer service telephone numbers that an individual enrolled in such plan may access to obtain information regarding changes to the network of the plan. ``(ii) Annual notice of change.--In addition to providing the notification of removal as required under clause (i), the MA organization offering such MA plan shall include such notification in the annual notice of change for the MA plan for the upcoming plan year. ``(iii) Continuity of care.--In any case in which a provider of services or supplier is removed from a network of an MA plan, such plan shall ensure that the removal satisfies the continuity of care requirements under paragraph (1)(A) with respect to each individual enrolled in such plan receiving items or services from the provider or supplier during the plan year in effect on the date of removal or during the previous plan year. ``(F) Rule of construction.--Nothing in this paragraph shall be construed as affecting the ability of a provider of services or supplier to decline to participate in a network of an MA plan. ``(8) Transparency in measures used by ma organizations to establish or modify provider networks.-- ``(A) In general.--Beginning with plan year 2016, an MA organization offering an MA plan shall include the information described in subparagraph (B)-- ``(i) in the annual bid information submitted by the MA organization with respect to the MA plan under section 1854; and ``(ii) on the Internet Web Site for the MA plan. ``(B) Information described.--The information described in this subparagraph is the following: ``(i) Information regarding the measures used by the MA organization to establish or modify the provider network of the MA plan, including measures of the quality and efficiency of providers. Such information shall include the specifications, methodology, and sample size of such measures. ``(ii) Other information related to the establishment or modification of such provider network that the Secretary determines appropriate. ``(C) Limitation.--The information described in subparagraph (B) shall not include any individually identifiable information of any provider or supplier of services.''. (b) Enforcement.-- (1) Sanctions for noncompliance.--Section 1857(g)(1) of the Social Security Act (42 U.S.C. 1395w-27(g)(1)) is amended-- (A) in subparagraph (J), by striking ``or''; (B) by redesignating subparagraph (K) as subparagraph (L); (C) by inserting after subparagraph (J) the following new subparagraph: ``(K) fails to comply with sections 1852(d)(7) or 1852(d)(8); or''; and (D) in subparagraph (L) (as so redesignated), by striking ``through (J)'' and inserting ``through (K)''. (2) Sanctions not applicable to part d.--Title XVIII of the Social Security Act is amended-- (A) in section 1860D-12(b)(3)(E) (42 U.S.C. 1395w- 112(b)(3)(E)), by striking ``paragraph (1)(F)'' and inserting ``paragraphs (1)(F) and (1)(K)''; and (B) in section 1894(e)(6)(B) (42 U.S.C. 1395eee(e)(6)(B)), by inserting ``(other than paragraph (1)(K) of such section)'' after ``1857(g)(1)''. (c) Network Access Adequacy Standards.--Beginning with plan year 2015, in applying the network access adequacy standards pursuant to section 1852(d)(1) of the Social Security Act (42 U.S.C. 1395w- 22(d)(1)), the Secretary of Health and Human Services shall seek input from patient advocacy groups, providers of services and suppliers, and MA plans under part C of title XVIII of such Act. (d) Medicare Advantage Plan Compare Tool.--Not later than September 30, 2015, the Secretary of Health and Human Services shall take such measures as are necessary to ensure that the Medicare Advantage Compare Tool takes into account the preferences and utilization needs of such individuals.", "summary": "Medicare Advantage Participant Bill of Rights Act of 2014 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to require a Medicare Advantage (MA) organization to remove a service provider or a supplier from a plan network only for cause, subject to completion of a fair notice and appeals process. Lists as cause for removal: (1) medical negligence, (2) violation of any legal or contractual requirement for the provider or supplier acting within the lawful scope of practice, or (3) unfitness to furnish items and services in accordance with Medicare requirements. Requires an MA organization offering an MA plan to include information on the measures used to establish or modify the plan's provider network: (1) in the annual bid information submitted about the MA plan, and (2) on the plan's Internet Web. Subjects to certain sanctions MA organizations with contracts which fail to meet these information requirements. Directs the Secretary of Health and Human Services (HHS) to: (1) seek input from patient advocacy groups and others in applying network access adequacy standards, and (2) take necessary measures to ensure that the Medicare Advantage Compare Tool takes into account the preferences and utilization needs of such individuals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Emergency Management Agency Sunset Act of 1993''. SEC. 2. TRANSFER OF FUNCTIONS. (a) In General.--There are transferred to and vested in the Secretary of Defense all functions, powers, and duties of the Director of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and any other provision of law. (b) Effective Date.--The transfer of authority under subsection (a) shall take effect beginning on the 90th day after the date of the enactment of this Act. SEC. 3. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL. (a) In General.--The personnel (including members of the Senior Executive Service) employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to or to be made available in connection with, any function transferred by section 2 of this Act, subject to section 1531 of title 31, United States Code, shall be transferred to the Secretary of Defense for appropriate allocation. Personnel employed in connection with functions so transferred or transferred in accordance with any other lawful authority, shall be transferred in accordance with any applicable laws and regulations relating to transfer of functions. Unexpended funds transferred pursuant to this subsection shall only be used for the purpose for which the funds were originally authorized and appropriated. (b) Facilitation of Transfer by O.M.B.--In order to facilitate the transfers made by section 2 of this Act, the Director of the Office of Management and Budget is authorized and directed, in consultation with the Director of the Federal Emergency Management Agency and the Secretary of Defense, to make such determinations as may be necessary with regard to the functions so transferred, and to make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with, such functions, as may be necessary to resolve any disputes between the Director of the Federal Emergency Management Agency and the Secretary of Defense. (c) Planning.--The Director of the Federal Emergency Management Agency and the Secretary of Defense shall, beginning as soon as practicable after the date of the enactment of this Act, jointly plan for the orderly transfer of functions and personnel pursuant to this Act. SEC. 4. EFFECT ON PERSONNEL. (a) Rate of Pay.--Employees covered by the merit pay system under chapter 54 of title 5, United States Code, who are transferred under section 3 of this Act to the Department of Defense shall have their rate of basic pay adjusted in accordance with section 5402 of such title. With respect to the evaluation period during which such an employee is transferred, merit pay determinations for that employee shall be based on the factors in section 5402(b)(2) of such title as appraised in performance appraisals administered by the Federal Emergency Management Agency in accordance with chapter 43 of title 5, United States Code, in addition to those administered by the agency to which the employee is transferred. (b) Use of Services of F.E.M.A. Personnel.--With the consent of the Director of the Federal Emergency Management Agency, the Secretary of Defense is authorized to use the services of such officers, employees, and other personnel of the Federal Emergency Management Agency for such period of time as may reasonably be needed to facilitate the orderly transfer of such functions. SEC. 5. SAVING PROVISIONS. (a) Existing Orders, Determinations, Rules, Regulations, and Agreements.--All orders, determinations, rules, regulations, and agreements-- (1) which have been issued, made, granted, or allowed to become effective by the President, any agency or official thereof, or by a court of competent jurisdiction, in the performance of any function which is transferred by section 2 of this Act; and (2) which are in effect on the date of the enactment of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Secretary of Defense, or other authorized officials, a court of competent jurisdiction, or by operation of law. (b) Pending Applications.--The transfers of functions made by section 2 of this Act shall not affect any application for any financial assistance pending at the time such transfers take effect before the Director of the Federal Emergency Management Agency. (c) Pending Suits.--Except as provided in subsection (e)-- (1) the transfer of any function under section 2 of this Act shall not affect any suit relating to such function which is commenced prior to the date the transfer takes effect; and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if section 2 of this Act had not been enacted. (d) Causes of Action.--No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Federal Emergency Management Agency shall abate by reason of the transfer of any function under section 2 of this Act. No cause of action by or against the Federal Emergency Management Agency, or by or against any officer thereof in his official capacity, shall abate by reason of the transfer of any function under section 2 of this Act. (e) Party to a Suit.--If, before the date of the enactment of this Act, the Federal Emergency Management Agency, or officer thereof in his official capacity, is a party to a suit relating to a function transferred by section 2 of this Act, then such suit shall be continued with the Secretary of Defense. (f) References.--With respect to any function transferred to the Secretary of Defense by section 2 of this Act and exercised after the effective date of such transfer, reference in any Federal law to the Federal Emergency Management Agency, or to any officer or office of the Federal Emergency Management Agency, shall be deemed to refer to the Department of Defense, or other official or component of the Department of Defense. (g) Force and Effect of Actions.--In the exercise of any function transferred under section 2 of this Act, the Secretary of Defense shall have the same authority as that vested in the Director of the Federal Emergency Management Agency with respect to such function, immediately preceding its transfer, and actions of the Secretary of Defense shall have the same force and effect as when exercised by the Director of the Federal Emergency Management Agency. (h) Continuity.--In exercising any function transferred by section 2 of this Act, the Secretary of Defense shall give full consideration to the need for operational continuity of the function transferred.", "summary": "Federal Emergency Management Agency Sunset Act of 1993 - Transfers all powers, funds, and personnel of the Federal Emergency Management Agency to the Secretary of Defense. Provides for the adjustment of the rate of basic pay of personnel transferred to the Department of Defense who are currently covered by Federal merit pay provisions. Continues all existing orders, rules, regulations, and agreements and pending applications for financial assistance or lawsuits concerning functions transferred under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Developing Resources Immediately and Long-Term through Leases on Our Nation's Offshore Waters Act of 2009'' or the ``DRILL NOW Act of 2009''. SEC. 2. REVOCATION OF EXISTING PRESIDENTIAL AUTHORITY. Section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)) is amended-- (1) by striking ``the President'' and inserting ``(1) Except as provided in paragraph (2), the President''; and (2) by adding at the end the following: , are hereby revoked. ``(2)(A) The President may not withdraw any lands of the outer Continental Shelf from disposition for exploration, development, or production of oil and gas, except as the President determines necessary for national security purposes. ``(B) This paragraph shall not affect any withdrawal in effect immediately before the enactment of the DRILL NOW Act of 2009''. SEC. 3. AVAILABILITY OF CERTAIN AREAS FOR LEASING. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Availability of Certain Areas for Leasing.-- ``(1) Definitions.--In this subsection: ``(A) Coastal zone.--The term `coastal zone' has the meaning that term has in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). ``(B) Governor.--The term `Governor' means the Governor of a State. ``(C) Qualified revenues.--The term `qualified revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of the DRILL NOW Act of 2009 for natural gas exploration and extraction activities authorized by the Secretary under this subsection. ``(2) Petition.-- ``(A) In general.--The Governor of a State may submit to the Secretary a petition requesting that the Secretary issue leases authorizing the conduct of oil and natural gas exploration and extraction activities in any area that is within 50 miles of the coastline of the State and within the lateral seaward boundaries of the State extended. ``(B) Contents.--In any petition under subparagraph (A), the Governor shall include a detailed plan of the proposed exploration and extraction activities, as applicable. ``(3) Action by secretary.-- ``(A) In general.--Subject to subparagraphs (B), (C), and (D), as soon as practicable after the date of receipt of a petition under paragraph (2), the Secretary shall approve or deny the petition. ``(B) Requirements for exploration and extraction.--The Secretary shall not approve a petition submitted under paragraph (2)(A) unless the State enacts a statute authorizing the issuance of leases for exploration and extraction of oil and natural gas in the coastal zone of the State. ``(C) Consistency with legislation.--The plan provided in the petition under paragraph (2)(B) shall be consistent with the statute described in subparagraph (B). ``(D) Conflicts with military operations and national security.--The Secretary shall not approve a petition for a drilling activity under this paragraph-- ``(i) if the drilling activity would conflict with any military operation or national security, as determined by the President; or ``(ii) in any area that is withdrawn under section 12(a) for national security purposes. ``(4) Disposition of revenues.--Notwithstanding section 9, for each applicable fiscal year, the Secretary of the Treasury-- ``(A) shall deposit 30 percent of qualified revenues in a separate account in the Treasury, which-- ``(i) shall be known as the Clean and Alternative Energy Fund; and ``(ii) shall be available to the Secretary of Energy for making grants for research and development of clean and alternative energy; ``(B) in the case of a lease tract any portion of which is located within 50 miles of the coastline of one or more States that have a portion of such leased tract within the seaward lateral boundaries of such State extended-- ``(i) shall pay, in accordance with clause (ii), an amount equal to 40 percent of qualified revenues under such lease to the States with respect to which the lease tract is so located and that have enacted a statute that establishes a plan for expenditure of those funds; and ``(ii) shall pay to each such State a portion of such amount that is proportional to the portion of the lease tract that is so located with respect to the State; and ``(C) shall deposit the remainder of qualified revenues in the general fund of the Treasury. ``(r) Payment of Revenues Under Certain Existing Leases.--Of the funds that would be received by the United States as royalties under any Federal oil and gas lease of an area on the outer Continental Shelf located within 50 miles of the coastline of the State of Texas, Louisiana, Mississippi, or Alabama that is in effect on the date of enactment of the DRILL NOW Act of 2009 the Secretary of the Treasury-- ``(1) shall deposit 30 percent in the Clean and Alternative Energy Fund established under subsection (q)(4)(A); ``(2) in the case of a lease tract any portion of which is located within 50 miles of the coastline of one or more such States that have a portion of such leased tract within the seaward lateral boundaries of such State extended-- ``(A) shall pay, in accordance with subparagraph (B), an amount equal to 40 percent to the States with respect to which the lease tract is so located and that have enacted a statute that establishes a plan for expenditure of those funds; and ``(B) shall pay to each such State a portion of such amount that is proportional to the portion of the leased tract that is so located with respect to the State; and ``(3) shall deposit the remainder in the general fund of the Treasury.''.", "summary": "Developing Resources Immediately and Long-Term through Leases on Our Nation's Offshore Waters Act of 2009 or DRILL NOW Act of 2009 - Amends the Outer Continental Shelf Lands Act (OCSLA) to revoke existing presidential authority to withdraw any unleased lands of the outer Continental Shelf (OCS) from disposition for exploration, development, or production of oil and gas, except as necessary for national security. Prohibits the President from making any such withdrawals. Authorizes a state governor to petition the Secretary of the Interior to issue leases for oil and natural gas exploration and extraction in any area within 50 miles of the coastline of the state and the lateral seaward boundaries of the state extended. Prohibits the Secretary from approving a petition for a drilling activity: (1) unless the state enacts a statute authorizing the issuance of leases; (2) if it would conflict with a military operation or national security; or (3) in any area withdrawn for national security purposes. Instructs the Secretary of the Treasury to deposit 30% of qualified revenues into a separate Clean and Alternative Energy Fund in the Treasury, to be made available to the Secretary of Energy for grants for research and development of clean and alternative energy. Requires the Secretary of the Treasury to: (1) deposit into the Clean and Alternative Energy Fund 30% of any funds that would be received by the United States as royalties under any existing federal OCS oil and gas lease of an area located within 50 miles of the coastal zone of the states of Texas, Louisiana, Mississippi, or Alabama; and (2) pay 40% of such funds in proportional amounts to states with respect to which a lease tract is located in such an area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Board Civil Rights Compliance Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) The passage of the Civil Rights Act of 1964 was a milestone embodying a national policy of equal protection under the law regardless of race, color, religion, sex, or national origin. (2) Title VII of the Civil Rights Act of 1964 protects individuals against discrimination in the workplace. (3) Section 717 of title VII of such Act applies to all personnel actions affecting employees and applicants for employment in an ``executive agency''. (4) An ``executive agency'' is defined in section 105 of title 5, United States Code, to include an ``independent establishment'' in the executive branch. (5) The Board of Governors of the Federal Reserve System exercises extensive regulatory and enforcement authority as a Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) with regard to State banks which are members of a Federal reserve bank, bank holding companies, and foreign bank operations in the United States under the Federal Reserve Act, the Bank Holding Company Act of 1956, the Banking Act of 1933, the International Banking Act of 1978, the Federal Deposit Insurance Act, and other Federal laws, including the authority to remove directors, officers, and employees from their positions in banks and bank holding companies, the authority to impose large civil money penalties, and the authority to order the divestiture of banks by bank holding companies. (6) The Supreme Court of the United States has stated in the case of Bowsher, Comptroller General of the United States v. Synar, Member of Congress, et al., 478 U.S. 714, 733 (1986), that ``[i]nterpreting a law enacted by Congress to implement the legislative mandate is the very essence of `execution' of the law'' and noted that the exercise of judgment concerning facts that affect the application of an Act is typically made by officers charged with executing a statute, ibid. (7) The activities of the Board of Governors of the Federal Reserve System clearly constitute ``execution of the law'' and the Board is, therefore, clearly and unambiguously an independent establishment in the executive branch (as such term is used in section 104 of title 5, United States Code). (8) The Equal Employment Opportunity Commission, which is responsible for enforcing compliance with title VII of the Civil Rights Act of 1964, has consistently and properly interpreted title VII as applying to the Board of Governors of the Federal Reserve System. (9) The United States Court of Appeals for the District of Columbia Circuit established, in the case of Hilliard v. Volcker, 659 F.2d 1125 (D.C. Cir. 1981), that the Board of Governors of the Federal Reserve System is an executive agency within the meaning of section 105 of title 5, United States Code, and section 717 of title VII of the Civil Rights Act of 1964. (10) The Board of Governors of the Federal Reserve System did not argue to the contrary while the case of Hilliard v. Volcker was before the United States Court of Appeals for the District of Columbia Circuit. (11) On October 17, 1994, a jury in the case Bennett v. Greenspan, C.A. No. 98-0813-RMU, (Dt. D.C.) found the Board of Governors of the Federal Reserve liable for racial discrimination, and retaliation, in violation of title VII of the Civil Rights Act of 1964. (12) The Board of Governors of the Federal Reserve System has repeatedly suggested in correspondence with the Congress that such Board is not an executive agency under section 105 of title 5, United States Code, and is therefore not covered by title VII of the Civil Rights Act of 1964. (13) The Board of Governors of the Federal Reserve System has acted inconsistently with current law in suggesting, despite-- (A) the unambiguous meaning of section 105 of title 5, United States Code, (B) the unambiguous language title VII of the Civil Rights Act of 1964, and (C) the clear applicability of title VII of the Civil Rights Act of 1964 to the Board of Governors of the Federal Reserve in several cases brought against the Board in the courts of the United States, that the Board is not covered by title VII of the Civil Rights Act of 1964. SEC. 3. REQUIRED POSTING OF NOTICES. The Board of Governors of the Federal Reserve System shall post and keep posted in conspicuous places upon its premises where such notices to employees and applicants for employment are customarily posted, and at such other places as the Equal Employment Opportunity Commission may determine, a notice to be prepared or approved by the Commission setting forth-- (1) excerpts from or summaries of the pertinent provisions of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), and (2) information pertinent to the rights and procedures applicable under such Acts to employees of, and applicants for employment by, the Board. SEC. 4. REPORT ON COMPLIANCE. Not later than 180 days after the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall submit a report, to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, describing in detail the actions taken by the Board to achieve compliance with section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16).", "summary": "Federal Reserve Board Civil Rights Compliance Act of 1999 - Directs the Board of Governors of the Federal Reserve System to post at its premises a notice to be prepared or approved by the Equal Employment Opportunity Commission setting forth excerpts from or summaries of the pertinent provisions of title VII of the Civil Rights Act of 1964 and information pertinent to the rights and procedures applicable under such Act to Board employees and applicants. Requires the Board to report to the congressional banking committees on actions it has taken to achieve compliance with such Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Security Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) National Neighborhood Watch was created by the National Sheriffs Association in 1972 through funding provided by the Law Enforcement Assistance Administration. (2) Neighborhood Watch is a voluntary program that supports local efforts to safeguard communities. (3) A national registry of Neighborhood Watch units does not exist. (4) On January 30, 2002, President Bush announced the creation of Citizen Corps. Beginning in September 2002, in cooperation of the National Sheriffs Association, Citizen Corps has aimed to encourage citizens to form Neighborhood Watch groups in their local communities to bolster homeland security. (5) Citizens in local communities should be encouraged and empowered to engage in homeland security activities to reduce the threat to homeland security from terrorism. (6) The Nation's homeland security system should do as much as possible to-- (A) encourage the creation of, and participation in, high-quality Neighborhood Watch programs in local communities; (B) disseminate information about homeland security efforts; and (C) educate citizens on how to prevent, and respond to, possible terrorist attacks. (b) Purposes.--The purposes of this Act are as follows: (1) To provide each community in each city, suburb, and small town within the United States with the opportunity to establish an effective Neighborhood Watch in which all community members have the opportunity to participate. (2) To create 50,000 new Neighborhood Watches by the end of 2007. (3) To enhance the quality of existing Neighborhood Watches. SEC. 3. NEIGHBORHOOD WATCH GRANTS. (a) Grants Authorized.-- (1) In general.--The Attorney General, through the Office of Justice Programs, is authorized to award 1 or more grants to eligible entities to develop and improve Neighborhood Watches throughout the Nation. (2) Eligible entities.--Nonprofit organizations and professional associations are eligible to receive grants under this section. (b) Use of Funds.--Grants awarded pursuant to subsection (a) shall be used to-- (1) complete a survey of Neighborhood Watches that identifies such programs by ZIP code; (2) establish a national registry of Neighborhood Watch leaders, with appropriate contact information; (3) through the survey under paragraph (1), identify best practices and model programs among Neighborhood Watches for-- (A) educating community members with respect to the prevention of terrorism and crime; (B) preventing or assisting with the prevention of terrorism and crime; (C) appropriately responding to terrorism and crime; and (D) achieving broad community involvement in activities under subparagraphs (A) through (C); (4) using the best practices identified in paragraph (3), create a manual for communities seeking to-- (A) establish a new Neighborhood Watch; or (B) improve an existing Neighborhood Watch; and (5) engage in outreach and respond to inquiries in order to disseminate information about-- (A) the benefits of effective Neighborhood Watches; (B) the means to establish new Neighborhood Watches; and (C) the means to improve existing Neighborhood Watches. (6) In response to an appropriate request to create a Neighborhood Watch, the grantee shall provide a Neighborhood Watch start-up kit which includes material useful for a Neighborhood Watch that is identified by the grantee. (c) Application.-- (1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (2) Criteria.--Applicants for grants under this section shall be selected based on-- (A) the applicant's ability to carry out the activities described in subsection (b); (B) the applicant's experience coordinating Neighborhood Watches; (C) adequate consultation with state and local law enforcement; and (D) and other criteria, as determined by the Attorney General. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for fiscal year 2004 and such sums as are necessary for fiscal years 2005 through 2008 to carry out this Act and the amendments made by this Act.", "summary": "Neighborhood Security Act of 2003 - Authorizes the Attorney General, through the Office of Justice Programs, to award grants to nonprofit organizations and professional associations to develop and improve Neighborhood Watches throughout the Nation.Requires grants to be used to: (1) complete a survey that identifies Neighborhood Watches by ZIP code; (2) establish a national registry of Neighborhood Watch leaders; (3) identify best practices and model programs among Neighborhood Watches for preventing and responding to terrorism and crime; (4) create a manual for communities seeking to establish or improve a Neighborhood Watch; (5) engage in outreach and respond to inquiries to disseminate information about the benefits of effective Neighborhood Watches and the means to establish or improve them; and (6) provide a Neighborhood Watch start-up kit upon request."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Heart Disease Education, Analysis, Research, and Treatment for Women Act'' or the ``HEART for Women Act''. SEC. 2. REPORTING OF DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS, AND DEVICES. (a) In General.--The Comptroller General of the United States shall conduct a study investigating the extent to which sponsors of clinical studies of investigational drugs, biologics, and devices and sponsors of applications for approval or licensure of new drugs, biologics, and devices comply with Food and Drug Administration requirements and follow guidance for presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups. (b) Report by GAO.-- (1) Submission.--Not later than 12 months after the date of the enactment of this Act, the Comptroller General shall complete the study under subsection (a) and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of such study. (2) Contents.--The report required by paragraph (1) shall include each of the following: (A) A description of the extent to which the Food and Drug Administration assists sponsors in complying with the requirements and following the guidance referred to in subsection (a). (B) A description of the effectiveness of the Food and Drug Administration's enforcement of compliance with such requirements. (C) An analysis of the extent to which females, racial and ethnic minorities, and adults of all ages are adequately represented in Food and Drug Administration-approved clinical studies (at all phases) so that product safety and effectiveness data can be evaluated by gender, age, and racial subgroup. (D) An analysis of the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is readily available to the public in a timely manner by means of the product label or the Food and Drug Administration's Web site. (E) Appropriate recommendations for-- (i) modifications to the requirements and guidance referred to in subsection (a); or (ii) oversight by the Food and Drug Administration of such requirements. (c) Report by HHS.--Not later than 6 months after the submission by the Comptroller General of the report required under subsection (b), the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a response to such report, including a corrective action plan as needed to respond to the recommendations in such report. (d) Biennial Reports by the Food and Drug Administration.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter-- (1) the Director of the Office of Women's Health of the Food and Drug Administration shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that includes each of the elements described in subparagraphs (A) through (E) of subsection (b)(2), with respect to women's health; and (2) the Director of the Office of Minority Health of the Food and Drug Administration shall submit to such Committees a report that includes each of such elements, with respect to minority health. (e) Definitions.--In this section: (1) The term ``biologic'' has the meaning given to the term ``biological product'' in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (2) The term ``device'' has the meaning given to such term in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). (3) The term ``drug'' has the meaning given to such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)). SEC. 3. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH CARDIOVASCULAR DISEASES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-6. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH CARDIOVASCULAR DISEASES. ``Not later than September 30, 2014, and annually thereafter, the Secretary of Health and Human Services shall prepare and submit to the Congress a report on the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases. The report shall contain recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women.''. SEC. 4. EXTENSION OF WISEWOMAN PROGRAM. Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a) is amended-- (1) in subsection (a)-- (A) by striking the heading and inserting ``In General.--''; and (B) in the matter preceding paragraph (1), by striking ``may make grants'' and all that follows through ``purpose'' and inserting the following: ``may make grants to such States for the purpose''; (2) in subsection (d)(1), by striking ``there are authorized'' and all that follows through the period and inserting ``there are authorized to be appropriated $23,000,000 for fiscal year 2012, $25,300,000 for fiscal year 2013, $27,800,000 for fiscal year 2014, $30,800,000 for fiscal year 2015, and $34,000,000 for fiscal year 2016.''; and (3) by adding at the end the following new subsection: ``(e) Study.-- ``(1) The Secretary shall (directly or through grants or contracts) conduct a study of the impact of the Patient Protection and Affordable Care Act on the preventive health services, referrals, and follow-up services described in subsection (a). ``(2) Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions of the Senate a report containing the results of the study under paragraph (1) and recommendations for improving the provision of preventive health services, referrals, and follow-up services described in paragraph (1) to women eligible for such services under grants funded under this section.''.", "summary": "Heart Disease Education, Analysis, Research, and Treatment for Women Act or the HEART for Women Act - Directs the Comptroller General to report on whether the presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups complies with Food and Drug Administration (FDA) requirements. Requires the Secretary of Health and Human Services (HHS) to submit a response to such report, including a corrective action plan as needed. Requires the Director of the Office of Women's Health of FDA to report on the compliance of clinical studies of women's health with such FDA requirements, including requirements regarding: (1) the adequacy of representation of females, racial and ethnic minorities, and adults of all ages in approved clinical studies; and (2) the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is available to the public. Requires the Director of the Office of Minority Health of FDA to submit a report that includes such information with respect to clinical studies of minority health. Amends the Public Health Service Act to require the Secretary to report on the quality of, and access to, care for women with heart disease, stroke, and other cardiovascular diseases and to include recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women. Reauthorizes a program to award grants for preventive heath services and referrals for medical treatment for women through entities that are screening women for breast or cervical cancer. Requires the Secretary to study the impact of the Patient Protection and Affordable Care Act on such services and make recommendations for improvement in the provision of preventive health services, referrals, and followup services to women eligible for such services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Buffalo Nickel Act of 1997''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--Notwithstanding any other provision of law, during the 3-year period beginning on January 1, 2000, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue each year not more than 1,000,000 5-cent coins, which shall-- (1) weigh 5 grams; (2) have a diameter of 0.835 inch; and (3) contain an alloy of 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stockpiling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be based on the original 5-cent coin designed by James Earle Fraser and minted from 1913 to 1938. Each coin shall have on the obverse side a profile representation of a Native American, and on the reverse side a representation of a buffalo. (2) Designations and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year; and (C) inscriptions of the words ``United States of America'', ``Liberty'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2000. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $1.00 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) does not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) Permissible Purposes.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the National Museum of the American Indian for the purposes of-- (1) commemorating the tenth anniversary of the establishment of the Museum; and (2) supplementing the endowment and educational outreach funds of the Museum. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Museum of the American Indian as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.", "summary": "United States Buffalo Nickel Act of 1997 - Directs the Secretary of the Treasury to mint and issue five-cent coins based on the original five-cent coin designed by James Earle Fraser and minted from 1913 to 1938. Mandates that: (1) each coin have a profile representation of a Native American on the obverse side, and a representation of a buffalo on the reverse side; (2) coin design shall be selected by the Secretary after consultation with specified congressional committees and reviewed by the Citizens Commemorative Coin Advisory Committee; and (3) a one-dollar sales surcharge shall be imposed per coin and distributed to the National Museum of the American Indian to commemorate its tenth anniversary and to supplement its endowment and educational outreach funds."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``National Women's Rights History Project Act of 2005''. (b) Findings.--Congress finds the following: (1) The women's rights movement is one of the three great protest traditions in United States history, sharing that status with the struggle for racial equality and the labor movement. (2) On July 19, 1848, a group of activists including Elizabeth Cady Stanton, Lucretia Mott, and Mary Ann M'Clintock, convened the first Women's Rights Convention at Wesleyan Chapel in Seneca Falls, New York. During the Convention, 68 women and 32 men signed the Declaration of Sentiments calling for a broad array of rights for women, including suffrage. (3) Under the leadership of Elizabeth Cady Stanton and Susan B. Anthony, the National American Women Suffrage Association (NAWSA) was formed. NAWSA was instrumental in securing passage of the 19th amendment, which amended the Constitution to give women the right to vote. The 19th amendment was passed by Congress on June 4, 1919, and was ratified on August 18, 1920. (4) Susan B. Anthony formed the Equal Rights Association, refuted ideas that women were inferior to men, and fought for women's right to vote. She also campaigned for the rights of women to own property, to keep their own earnings, and to have custody of their children. In 1900, she persuaded the University of Rochester to admit women. (5) In the late 19th and early 20th centuries, the women's movement expanded to also play a critical role in shaping policies on economic and social welfare. SEC. 2. ESTABLISHMENT OF VOTES FOR WOMEN HISTORY TRAIL ROUTE AS FEATURE OF WOMEN'S RIGHTS NATIONAL HISTORICAL PARK. Title XVI of Public Law 96-607, which established the Women's Rights National Historical Park, is amended by inserting after section 1601 (16 U.S.C. 410ll) the following new section: ``SEC. 1602. VOTES FOR WOMEN HISTORY TRAIL ROUTE. ``(a) Finding.--There is an opportunity for the Women's Rights National Historical Park in Seneca Falls and Waterloo, New York, to work in partnership with historically and thematically related properties in the corridor between Syracuse and Rochester, New York, including the Susan B. Anthony House, to tell the story of the 72-year fight for women's suffrage. ``(b) Establishment of Trail Route.--The Secretary of the Interior, acting through the Director of National Park Service, with concurrence of the agency having jurisdiction over the relevant roads, is authorized to designate a vehicular tour route, to be known as the `Votes for Women History Trail Route', to link properties in the State of New York that are historically and thematically associated with the struggle for women's suffrage in the United States. ``(c) Administration.--The Votes for Women History Trail Route shall be administered by the National Park Service through the Women's Rights National Historical Park. ``(d) Activities.--To facilitate the establishment of the Votes for Women History Trail Route and the dissemination of information regarding the Trail Route, the Secretary shall-- ``(1) produce and disseminate appropriate educational materials regarding the Trail Route, such as handbooks, maps, exhibits, signs, interpretive guides, and electronic information; ``(2) coordinate the management, planning, and standards of the auto route in partnership with participating properties, other Federal agencies, and State and local governments; ``(3) create and adopt an official, uniform symbol or device to mark the Votes for Women History Trail Route; and ``(4) issue guidelines for the use of such symbol or device. ``(e) Elements of Trail Route.--The Secretary may designate as an official stop on the Votes for Women History Trail Route any of the following properties, subject to the consent of the owner of the property: ``(1) All units and programs of Women's Rights National Historical Park that pertain to the struggle for women's suffrage. ``(2) Other Federal, State, local, and privately owned properties that the Secretary determines have a verifiable connection to the struggle for women's suffrage. ``(3) Other governmental and nongovernmental facilities and programs of an educational, commemorative, research, or interpretive nature that the Secretary determines to be directly related to the struggle for women's suffrage. ``(f) Cooperative Agreements and Memoranda of Understanding.-- ``(1) Authorized.--To facilitate the establishment of the Votes for Women History Trail Route and to ensure effective coordination of the Federal and non-Federal properties designated as stops along the Trail Route, the Secretary is authorized to enter into cooperative agreements and memorandums of understanding with, and provide technical and financial assistance to, other Federal agencies, the State of New York, localities, regional governmental bodies, and private entities. ``(2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of the Interior such sums as are necessary for the period of fiscal year 2006 through fiscal year 2010 to provide financial assistance to cooperating entities pursuant to agreements or memorandums entered into under paragraph (1).''. SEC. 3. NATIONAL WOMEN'S RIGHTS HISTORY PROJECT NATIONAL REGISTRY. (a) In General.--The Secretary of the Interior is authorized to make annual grants to State historic preservation offices for up to 5 years to assist those State historic preservation offices in surveying, evaluating, and nominating women's rights history properties to the National Register of Historic Places. The Secretary shall ensure that the National Register travel itinerary website, ``Places Where Women Made History'' is updated to contain the results of the inventory and links to websites related to places on the inventory when such links are available. (b) Eligibility.--When offering grants under subsection (a), the Secretary shall give priority grants related to properties associated with the multiple facets of the women's rights movement such as politics, economics, education, religion, and social and family rights. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior to carry out this section such sums as are necessary for the period of fiscal year 2006 through fiscal year 2010. SEC. 4. NATIONAL WOMEN'S RIGHTS HISTORY PROJECT PARTNERSHIPS NETWORK. (a) In General.--The Secretary of the Interior is authorized to make matching grants and technical assistance for development of a network of governmental and nongovernmental entities whose purpose is to provide interpretive and educational program development of national women's rights history, including historic preservation. Matching grants for historic preservation specific to the network may be made available through State historic preservation offices. The network shall be managed through a nongovernmental entity, identified by the Secretary of the Interior through a competitive process. The nongovernmental managing entity shall work in partnership with the National Park Service and State historic preservation offices to coordinate operation of the network. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior to carry out this section such sums as are necessary for the period of fiscal year 2006 through fiscal year 2010.", "summary": "National Women's Rights History Project Act of 2005 - Authorizes the Secretary of the Interior to designate a vehicular tour route, to be known as the Votes for Women History Trail Route, to link properties in New York State that are historically and thematically associated with the struggle for women's suffrage in the United States. Requires the National Park Service to administer the Trail through the Women's Rights National Historical Park (established under prior law). Authorizes the Secretary to: (1) make annual grants to state historic preservation offices for up to five years for assistance in surveying, evaluating, and nominating women's rights history properties to the National Register of Historic Places; and (2) make matching grants and technical assistance for development of a network of governmental and nongovernmental entities providing interpretive and educational program development of national women's rights history, including historic preservation."}
{"article": "SECTION 1. SHORT TITLE; AMENDMENT TO 1986 CODE. (a) Short Title.--This Act may be cited as the ``Education Savings Account and School Excellence Act of 1999''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. MODIFICATIONS TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS. (a) Tax-Free Expenditures for Elementary and Secondary School Expenses.-- (1) In general.--Section 530(b)(2) (defining qualified higher education expenses) is amended to read as follows: ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means-- ``(i) qualified higher education expenses (as defined in section 529(e)(3)); and ``(ii) qualified elementary and secondary education expenses (as defined in paragraph (4)). Such expenses shall be reduced as provided in section 25A(g)(2). ``(B) Qualified state tuition programs.--Such term shall include amounts paid or incurred to purchase tuition credits or certificates, or to make contributions to an account, under a qualified State tuition program (as defined in section 529(b)) for the benefit of the beneficiary of the account.''. (2) Qualified elementary and secondary education expenses.--Section 530(b) (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(4) Qualified elementary and secondary education expenses.-- ``(A) In general.--The term `qualified elementary and secondary education expenses' means-- ``(i) expenses for tuition, fees, academic tutoring, special needs services, books, supplies, computer equipment (including related software and services), and other equipment which are incurred in connection with the enrollment or attendance of the designated beneficiary of the trust as an elementary or secondary school student at a public, private, or religious school; or ``(ii) expenses for room and board, uniforms, transportation, and supplementary items and services (including extended day programs) which are required or provided by a public, private, or religious school in connection with such enrollment or attendance. ``(B) Special rule for homeschooling.--Such term shall include expenses described in subparagraph (A)(i) in connection with education provided by homeschooling if the requirements of any applicable State or local law are met with respect to such education. ``(C) School.--The term `school' means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law.''. (3) Special rules for applying exclusion to elementary and secondary expenses.--Section 530(d)(2) (relating to distributions for qualified higher education expenses) is amended by adding at the end the following new subparagraph: ``(E) Special rules for elementary and secondary expenses.-- ``(i) In general.--The aggregate amount of qualified elementary and secondary education expenses taken into account for purposes of this paragraph with respect to any education individual retirement account for all taxable years shall not exceed the sum of the aggregate contributions to such account for taxable years beginning after December 31, 1998, and before January 1, 2003, and earnings on such contributions. ``(ii) Special operating rules.--For purposes of clause (i)-- ``(I) the trustee of an education individual retirement account shall keep separate accounts with respect to contributions and earnings described in clause (i); and ``(II) if there are distributions in excess of qualified elementary and secondary education expenses for any taxable year, such excess distributions shall be allocated first to contributions and earnings not described in clause (i).''. (4) Conforming amendments.--Subsections (b)(1) and (d)(2) of section 530 are each amended by striking ``higher'' each place it appears in the text and heading thereof. (b) Maximum Annual Contributions.-- (1) In general.--Section 530(b)(1)(A)(iii) (defining education individual retirement account) is amended by striking ``$500'' and inserting ``the contribution limit for such taxable year''. (2) Contribution limit.--Section 530(b) (relating to definitions and special rules), as amended by subsection (a)(2), is amended by adding at the end the following new paragraph: ``(5) Contribution limit.--The term `contribution limit' means $500 ($2,000 in the case of any taxable year beginning after December 31, 1998, and ending before January 1, 2003).''. (3) Conforming amendment.--Section 4973(e)(1)(A) is amended by striking ``$500'' and inserting ``the contribution limit (as defined in section 530(b)(5)) for such taxable year''. (c) Waiver of Age Limitations for Children With Special Needs.-- Section 530(b)(1) (defining education individual retirement account) is amended by adding at the end the following flush sentence: ``The age limitations in the preceding sentence shall not apply to any designated beneficiary with special needs (as determined under regulations prescribed by the Secretary).''. (d) Corporations Permitted To Contribute to Accounts.--Section 530(c)(1) (relating to reduction in permitted contributions based on adjusted gross income) is amended by striking ``The maximum amount which a contributor'' and inserting ``In the case of a contributor who is an individual, the maximum amount the contributor''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.", "summary": "Education Savings Account and School Excellence Act of 1999 - Amends the Internal Revenue Code, with respect to education individual retirement accounts (IRAs), to: (1) permit distributions for qualified elementary and secondary education expenses, including home schooling expenses; and (2) increase (through December 31, 2002) the annual contribution limit from $500 to $2,000. Waives the beneficiary age limitation (18) for contributions on behalf of special needs beneficiaries. Permits corporations to contribute to education IRAs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring the Partnership for County Health Care Costs Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States Supreme Court has interpreted the 8th Amendment to require governmental entities to provide medical care to persons involuntarily confined in jails, detention centers, and prisons. (2) The Federal Government does not provide health benefits under Medicare, Medicaid, Supplemental Security Income (SSI), or the Children's Health Insurance Program (CHIP) to inmates even if the person is awaiting trial in jail and has not been convicted. However, beneficiaries who are released after posting bond, or who are released under their own recognizance, or who are released under house arrest may continue to receive Medicare, Medicaid, SSI, and CHIP benefits. (3) The cost of providing health care in prisons and jails has increased exponentially due in part to high incarceration rates, infectious diseases, chronic conditions, substance abuse treatment, mental illness, aging prison populations, rising prescription drug costs, and mandatory sentencing laws. (4) Providing health care for inmates constitutes a major portion of local jail operating costs. Requiring county governments to cover health care costs for inmates who have not been convicted places an unnecessary burden on local governments who have been negatively impacted by recession, widespread budget deficits, and cuts to safety net programs and services. (5) Jails generally have a higher instance of mentally ill inmates because jails frequently serve as holding places for low-income persons who are waiting placement in a mental facility and for mentally ill persons who commit nuisance crimes because of inadequate access to treatment in their communities. (6) The rising cost of bail has also contributed to an overall increase in the jail population and health care costs for inmates. The high cost of bail has contributed to the disproportionate rate of incarceration among African-Americans and Latinos. (7) Terminating benefits to people in county jails who are awaiting trial violates the presumption of innocence, because it does not distinguish between persons awaiting disposition of charges and those who have been duly convicted and sentenced. (8) Otherwise eligible individuals who have been charged with a crime and incarcerated, but not convicted, should continue to be eligible for Federal health benefits, such as Medicare, Medicaid, SSI, or CHIP, until such time as they may be convicted and sentenced to an institution. SSI payments should be held until the inmate has been acquitted and released, or until the inmate has completed his or her sentence and been released. SEC. 3. REMOVAL OF INMATE LIMITATION ON BENEFITS UNDER MEDICAID, MEDICARE, SSI, AND CHIP. (a) Medicaid.--The subdivision (A) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) that follows paragraph (29) is amended by inserting ``or in custody pending disposition of charges'' after ``patient in a medical institution''. (b) Medicare.--Section 1862(a)(3) of the Social Security Act (42 U.S.C. 1395y(a)(3)) is amended by inserting ``in the case of services furnished to individuals who are in custody pending disposition of charges,'' after ``1880(e)''. (c) SSI.--Section 1611(e)(1) of the Social Security Act (42 U.S.C. 1382(e)(1)) is amended by adding at the end the following new subparagraph: ``(K)(i) As used in subparagraph (A), the term `inmate of a public institution' does not include an individual who is in custody pending disposition of charges. ``(ii) In the case of an individual who is an eligible individual or eligible spouse for purposes of this title only because of the application of the definition in clause (i), any supplemental security income benefits otherwise payable shall be withheld until such time as the individual is no longer either in custody pending disposition of charges or an inmate of a public institution or shall be paid to the individual's estate if the individual dies before the pending charges are disposed of or while the individual is an inmate of a public institution.''. (d) CHIP.--Section 2110(b)(2)(A) of the Social Security Act (42 U.S.C. 1397jj(b)(2)(A)) is amended by inserting ``(except as an individual in custody pending disposition of charges)'' after ``inmate of a public institution''. (e) Effective Date.--The amendments made by this section shall take effect on the first day of the first calendar quarter beginning more than 60 days after the date of the enactment of this Act and shall apply to items and services furnished, and supplemental security income benefits paid, for periods beginning on or after such date.", "summary": "Restoring the Partnership for County Health Care Costs Act of 2015 This bill amends titles XVI (Supplemental Security Income), XVIII (Medicare), XIX (Medicaid), and XXI (Children's Health Insurance Program) (CHIP) to allow an otherwise eligible individual who is in custody pending charges to receive SSI, Medicare, Medicaid, or CHIP benefits. Any SSI benefits payable to such an individual: (1) must be withheld until the individual is no longer in custody; and (2) if the individual dies while in custody, shall be paid to the individual's estate. "}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Access and Medicare Protection Act''. SEC. 2. NON-APPLICATION OF MEDICARE FEE SCHEDULE ADJUSTMENTS FOR WHEELCHAIR ACCESSORIES AND SEAT AND BACK CUSHIONS WHEN FURNISHED IN CONNECTION WITH COMPLEX REHABILITATIVE POWER WHEELCHAIRS. (a) Non-application.-- (1) In general.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not, prior to January 1, 2017, use information on the payment determined under the competitive acquisition programs under section 1847 of the Social Security Act (42 U.S.C. 1395w-3) to adjust the payment amount that would otherwise be recognized under section 1834(a)(1)(B)(ii) of such Act (42 U.S.C. 1395m(a)(1)(B)(ii)) for wheelchair accessories (including seating systems) and seat and back cushions when furnished in connection with Group 3 complex rehabilitative power wheelchairs. (2) Implementation.--Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise. (b) GAO Study and Report.-- (1) Study.-- (A) In general.--The Comptroller General of the United States shall conduct a study on wheelchair accessories (including seating systems) and seat and back cushions furnished in connection with Group 3 complex rehabilitative power wheelchairs. Such study shall include an analysis of the following with respect to such wheelchair accessories and seat and back cushions in each of the groups described in clauses (i) through (iii) of subparagraph (B): (i) The item descriptions and associated HCPCS codes for such wheelchair accessories and seat and back cushions. (ii) A breakdown of utilization and expenditures for such wheelchair accessories and seat and back cushions under title XVIII of the Social Security Act. (iii) A comparison of the payment amount under the competitive acquisition program under section 1847 of such Act (42 U.S.C. 1395w-3) with the payment amount that would otherwise be recognized under section 1834 of such Act (42 U.S.C. 1395m), including beneficiary cost sharing, for such wheelchair accessories and seat and back cushions. (iv) The aggregate distribution of such wheelchair accessories and seat and back cushions furnished under such title XVIII within each of the groups described in subparagraph (B). (v) Other areas determined appropriate by the Comptroller General. (B) Groups described.--The following groups are described in this subparagraph: (i) Wheelchair accessories and seat and back cushions furnished predominantly with Group 3 complex rehabilitative power wheelchairs. (ii) Wheelchair accessories and seat and back cushions furnished predominantly with power wheelchairs that are not described in clause (i). (iii) Other wheelchair accessories and seat and back cushions furnished with either power wheelchairs described in clause (i) or (ii). (2) Report.--Not later than June 1, 2016, the Comptroller General of the United States shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative as the Comptroller General determines to be appropriate. SEC. 3. TRANSITIONAL PAYMENT RULES FOR CERTAIN RADIATION THERAPY SERVICES UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. (a) In General.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(11) Special rule for certain radiation therapy services.-- The code definitions, the work relative value units under subsection (c)(2)(C)(i), and the direct inputs for the practice expense relative value units under subsection (c)(2)(C)(ii) for radiation treatment delivery and related imaging services (identified in 2016 by HCPCS G-codes G6001 through G6015) for the fee schedule established under this subsection for services furnished in 2017 and 2018 shall be the same as such definitions, units, and inputs for such services for the fee schedule established for services furnished in 2016.''; and (2) in subsection (c)(2)(K), by adding at the end the following new clause: ``(iv) Treatment of certain radiation therapy services.--Radiation treatment delivery and related imaging services identified under subsection (b)(11) shall not be considered as potentially misvalued services for purposes of this subparagraph and subparagraph (O) for 2017 and 2018.''. (b) Report to Congress on Alternative Payment Model.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the development of an episodic alternative payment model for payment under the Medicare program under title XVIII of the Social Security Act for radiation therapy services furnished in nonfacility settings. SEC. 4. ENSURING FLEXIBILITY IN APPLYING HARDSHIP EXCEPTION FOR MEANINGFUL USE FOR 2015 EHR REPORTING PERIOD FOR 2017 PAYMENT ADJUSTMENTS. (a) Eligible Professionals.--Section 1848(a)(7)(B) of the Social Security Act (42 U.S.C. 1395w-4(a)(7)(B)) is amended, in the first sentence, by inserting ``(and, with respect to the payment adjustment under subparagraph (A) for 2017, for categories of eligible professionals, as established by the Secretary and posted on the Internet website of the Centers for Medicare & Medicaid Services prior to December 15, 2015, an application for which must be submitted to the Secretary by not later than March 15, 2016)'' after ``case-by-case basis''. (b) Eligible Hospitals.--Section 1886(b)(3)(B)(ix) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(ix)) is amended-- (1) in the first sentence of subclause (I), by striking ``(n)(6)(A)'' and inserting ``(n)(6)''; and (2) in subclause (II), in the first sentence, by inserting ``(and, with respect to the application of subclause (I) for fiscal year 2017, for categories of subsection (d) hospitals, as established by the Secretary and posted on the Internet website of the Centers for Medicare & Medicaid Services prior to December 15, 2015, an application for which must be submitted to the Secretary by not later than April 1, 2016)'' after ``case-by-case basis''. (c) Implementation.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall implement the provisions of, and the amendments made by, subsections (a) and (b) by program instruction, such as through information on the Internet website of the Centers for Medicare & Medicaid Services. SEC. 5. MEDICARE IMPROVEMENT FUND. Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking ``$5,000,000'' and inserting ``$0''. SEC. 6. STRENGTHENING MEDICAID PROGRAM INTEGRITY THROUGH FLEXIBILITY. Section 1936 of the Social Security Act (42 U.S.C. 1396u-6) is amended-- (1) in subsection (a), by inserting ``, or otherwise,'' after ``entities''; and (2) in subsection (e)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``(including the costs of equipment, salaries and benefits, and travel and training)'' after ``Program under this section''; and (B) in paragraph (3), by striking ``by 100'' and inserting ``by 100, or such number as determined necessary by the Secretary to carry out the Program,''. SEC. 7. ESTABLISHING MEDICARE ADMINISTRATIVE CONTRACTOR ERROR REDUCTION INCENTIVES. (a) In General.--Section 1874A(b)(1)(D) of the Social Security Act (42 U.S.C. 1395kk-1(b)(1)(D)) is amended-- (1) by striking ``quality.--The Secretary'' and inserting ``quality.-- ``(i) In general.--Subject to clauses (ii) and (iii), the Secretary''; and (2) by inserting after clause (i), as added by paragraph (1), the following new clauses: ``(ii) Improper payment rate reduction incentives.--The Secretary shall provide incentives for medicare administrative contractors to reduce the improper payment error rates in their jurisdictions. ``(iii) Incentives.--The incentives provided for under clause (ii)-- ``(I) may include a sliding scale of award fee payments and additional incentives to medicare administrative contractors that either reduce the improper payment rates in their jurisdictions to certain thresholds, as determined by the Secretary, or accomplish tasks, as determined by the Secretary, that further improve payment accuracy; and ``(II) may include substantial reductions in award fee payments under cost-plus-award-fee contracts, for medicare administrative contractors that reach an upper end improper payment rate threshold or other threshold as determined by the Secretary, or fail to accomplish tasks, as determined by the Secretary, that further improve payment accuracy.''. (b) Effective Date.-- (1) In general.--The amendments made by subsection (a) shall apply to contracts entered into or renewed on or after the date that is 3 years after the date of enactment of this Act. (2) Application to existing contracts.--In the case of contracts in existence on or after the date of the enactment of this Act and that are not subject to the effective date under paragraph (1), the Secretary of Health and Human Services shall, when appropriate and practicable, seek to apply the incentives provided for in the amendments made by subsection (a) through contract modifications. SEC. 8. STRENGTHENING PENALTIES FOR THE ILLEGAL DISTRIBUTION OF A MEDICARE, MEDICAID, OR CHIP BENEFICIARY IDENTIFICATION OR BILLING PRIVILEGES. Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b)) is amended by adding at the end the following: ``(4) Whoever without lawful authority knowingly and willfully purchases, sells or distributes, or arranges for the purchase, sale, or distribution of a beneficiary identification number or unique health identifier for a health care provider under title XVIII, title XIX, or title XXI shall be imprisoned for not more than 10 years or fined not more than $500,000 ($1,000,000 in the case of a corporation), or both.''. SEC. 9. IMPROVING THE SHARING OF DATA BETWEEN THE FEDERAL GOVERNMENT AND STATE MEDICAID PROGRAMS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a plan to encourage and facilitate the participation of States in the Medicare-Medicaid Data Match Program (commonly referred to as the ``Medi-Medi Program'') under section 1893(g) of the Social Security Act (42 U.S.C. 1395ddd(g)). (b) Program Revisions To Improve Medi-Medi Data Match Program Participation by States.--Section 1893(g)(1)(A) of the Social Security Act (42 U.S.C. 1395ddd(g)(1)(A)) is amended-- (1) in the matter preceding clause (i), by inserting ``or otherwise'' after ``eligible entities''; (2) in clause (i)-- (A) by inserting ``to review claims data'' after ``algorithms''; and (B) by striking ``service, time, or patient'' and inserting ``provider, service, time, or patient''; (3) in clause (ii)-- (A) by inserting ``to investigate and recover amounts with respect to suspect claims'' after ``appropriate actions''; and (B) by striking ``; and'' and inserting a semicolon; (4) in clause (iii), by striking the period and inserting`` ; and''; and (5) by adding at the end the following new clause: ``(iv) furthering the Secretary's design, development, installation, or enhancement of an automated data system architecture-- ``(I) to collect, integrate, and assess data for purposes of program integrity, program oversight, and administration, including the Medi-Medi Program; and ``(II) that improves the coordination of requests for data from States.''. (c) Providing States With Data on Improper Payments Made for Items or Services Provided to Dual Eligible Individuals.-- (1) In general.--The Secretary shall develop and implement a plan that allows each State agency responsible for administering a State plan for medical assistance under title XIX of the Social Security Act access to relevant data on improper or fraudulent payments made under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for health care items or services provided to dual eligible individuals. (2) Dual eligible individual defined.--In this section, the term ``dual eligible individual'' means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.), or enrolled for benefits under part B of title XVIII of such Act (42 U.S.C. 1395j et seq.), and is eligible for medical assistance under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": ". Patient Access and Medicare Protection Act (Sec. 2) This bill temporarily exempts from certain Medicare payment adjustments wheelchair accessories and seat and back cushions furnished in connection with Group 3 complex rehabilitative power wheelchairs. (Group 3 power wheelchairs are those that meet the highest performance requirements with regard to speed, range, and climbing capability.) The Government Accountability Office must study wheelchair accessories and seat and back cushions furnished in connection with Group 3 complex rehabilitative power wheelchairs. (Sec. 3) The bill amends title XVIII (Medicare) of the Social Security Act (SSAct) to prohibit specified adjustments to the Medicare fee schedule for certain radiation therapy services in 2017 or 2018. Under current law, the Centers for Medicare & Medicaid Services (CMS) must periodically identify, review, and make adjustments to potentially misvalued services under Medicare. The bill specifies that certain radiation therapy services shall not be considered as potentially misvalued services for these purposes in 2017 or 2018. (Sec. 4) For 2017, CMS may exempt categories of eligible professionals from requirements for meaningful use of electronic health records (EHR) technology. Under current law, CMS may, on a case-by-case basis, exempt an eligible professional from certain negative payment adjustments that would otherwise apply due to the professional's failure to comply with those requirements. (Sec. 5) The bill eliminates funding for the Medicare Improvement Fund. (The fund was established to make improvements under the original Medicare fee-for-service program.) (Sec. 6) The bill amends title XIX (Medicaid) of the SSAct to make changes related to the Medicaid Integrity Program (MIP). The bill: (1) specifies that program appropriations may cover the costs of equipment, travel, training, and salaries and benefits; and (2) allows CMS flexibility in determining the number of additional staff necessary to carry out the program. (MIP is a federal program aimed at preventing and reducing provider fraud, waste, and abuse in the Medicaid program.) (Sec. 7) Under current law, CMS may contract with Medicare administrative contractors (MACs), which are private insurers that process Medicare claims within specified geographic jurisdictions. The bill requires CMS to provide specified incentives for MACs to reduce improper payment error rates within their jurisdictions. (Sec. 8) The bill establishes criminal penalties of up to 10 years imprisonment and up to $500,000 ($1,000,000 for corporations) in fines for illegally purchasing or distributing Medicare, Medicaid, or Children's Health Insurance Program (CHIP) beneficiary identification or billing privileges. (Sec. 9) The bill increases the scope of the Medicare-Medicaid Data Match Program (Medi-Medi Program), an existing program through which contractors and participating governmental agencies collaboratively analyze Medicare and Medicaid billing trends. CMS must establish a plan to encourage states to participate in the Medi-Medi Program. CMS shall implement a plan to allow states to access relevant data on improper or fraudulent payments made under the Medicare program on behalf of individuals dually eligible for both Medicare and Medicaid."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Through Trade Expansion Act of 1994''. TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION SEC. 101. RAISING CEILING ON INSURANCE. Section 235(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(1)) is amended by striking ``$9,000,000,000'' and inserting ``$13,500,000,000''. SEC. 102. RAISING CEILING ON FINANCING. Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)) is amended to read as follows: ``(2) Financing.--(A) The maximum contingent liability outstanding at any one time pursuant to financing issued under subsections (b) and (c) of section 234 shall not exceed in the aggregate $9,500,000,000. ``(B) Subject to spending authority provided in appropriations Acts pursuant to section 504(b) of the Federal Credit Reform Act of 1990, the Corporation is authorized to transfer such sums as are necessary from its noncredit activities to pay for the subsidy cost of the investment guaranties and direct loan programs under subsections (b) and (c) of section 234.''. SEC. 103. EXTENDING ISSUING AUTHORITY. Section 235(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(3)) is amended by striking ``1994'' and inserting ``1996''. SEC. 104. ADMINISTRATIVE EXPENSES. Section 235 of the Foreign Assistance Act of 1961 (22 U.S.C. 2195) is amended by striking subsection (g). SEC. 105. EXEMPTIONS FOR CERTAIN COUNTRIES. Paragraph (2) of the second undesignated paragraph of section 231 of the Foreign Assistance Act of 1961 (22 U.S.C. 2191) is amended by inserting after ``Recovery Act (19 U.S.C. 2702)'' the following: ``, Ireland, and Northern Ireland''. TITLE II--TRADE AND DEVELOPMENT AGENCY SEC. 201. TRADE AND DEVELOPMENT AGENCY. Section 661(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(f)(1)) is amended-- (1) by striking ``There are authorized'' and inserting ``(A) There are authorized''; (2) by striking ``$55,000,000'' and all that follows and inserting ``$77,000,000 for fiscal year 1995 and such sums as are necessary for fiscal year 1996.''; and (3) by adding at the end the following new subparagraph: ``(B) Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended.''. TITLE III--EXPORT PROMOTION PROGRAMS WITHIN THE INTERNATIONAL TRADE ADMINISTRATION SEC. 301. EXPORT PROMOTION AUTHORIZATION. Section 202 of the Export Administration Amendments Act of 1985 (15 U.S.C. 4052) is amended to read as follows: ``SEC. 202. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Department of Commerce to carry out export promotion programs such sums as are necessary for fiscal years 1995 and 1996.''. TITLE IV--PROMOTION OF UNITED STATES ENVIRONMENTAL EXPORTS SEC. 401. SHORT TITLE. This title may be cited as the ``Environmental Export Promotion Act of 1994''. SEC. 402. PROMOTION OF ENVIRONMENTAL EXPORTS. (a) Environmental Technologies Trade Advisory Committee.--Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728) is amended-- (1) by striking subsection (d); (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following: ``(c) Environmental Technologies Trade Advisory Committee.-- ``(1) Establishment and purpose.--The Secretary, in carrying out the duties of the chairperson of the TPCC, shall establish the Environmental Technologies Trade Advisory Committee (hereafter in this section referred to as the `Committee'). The purpose of the Committee shall be to provide advice and guidance to the Working Group in the development and administration of programs to expand United States exports of environmental technologies, goods, and services and products that comply with United States environmental, safety, and related requirements. ``(2) Membership.--The members of the Committee shall be drawn from representatives of-- ``(A) environmental businesses, including small businesses; ``(B) trade associations in the environmental sector; ``(C) private sector organizations involved in the promotion of environmental exports, including products that comply with United States environmental, safety, and related requirements; ``(D) States (as defined in section 2301(i)(5)) and associations representing the States; and ``(E) other appropriate interested members of the public, including labor representatives. The Secretary shall appoint as members of the Committee at least 1 individual under each of subparagraphs (A) through (E). ``(d) Export Plans for Priority Countries.-- ``(1) Priority country identification.--The Working Group, in consultation with the Committee, shall annually assess which foreign countries have markets with the greatest potential for the export of United States environmental technologies, goods, and services. Of these countries the Working Group shall select as priority countries 5 with the greatest potential for the application of United States Government export promotion resources related to environmental exports. ``(2) Export plans.--The Working Group, in consultation with the Committee, shall annually create a plan for each priority country selected under paragraph (1), setting forth in detail ways to increase United States environmental exports to such country. Each such plan shall-- ``(A) identify the primary public and private sector opportunities for United States exporters of environmental technologies, goods, and services in the priority country; ``(B) analyze the financing and other requirements for major projects in the priority country which will use environmental technologies, goods, and services, and analyze whether such projects are dependent upon financial assistance from foreign countries or multilateral institutions; and ``(C) list specific actions to be taken by the member agencies of the Working Group to increase United States exports to the priority country.''. (b) Additional Mechanisms To Promote Environmental Exports.-- Section 2313 of the Export Enhancement Act of 1988 is further amended by adding at the end the following: ``(f) Environmental Technologies Specialists in the United States and Foreign Commercial Service.-- ``(1) Assignment of environmental technologies specialists.-- The Secretary shall assign a specialist in environmental technologies to the office of the United States and Foreign Commercial Service in each of the 5 priority countries selected under subsection (d)(1), and the Secretary is authorized to assign such a specialist to the office of the United States and Foreign Commercial Service in any country that is a promising market for United States exports of environmental technologies, goods, and services. Such specialist may be an employee of the Department, an employee of any relevant United States Government department or agency assigned on a temporary or limited term basis to the Commerce Department, or a representative of the private sector assigned to the Department of Commerce. ``(2) Duties of environmental technologies specialists.--Each specialist assigned under paragraph (1) shall provide export promotion assistance to United States environmental businesses, including, but not limited to-- ``(A) identifying factors in the country to which the specialist is assigned that affect the United States share of the domestic market for environmental technologies, goods, and services, including market barriers, standards-setting activities, and financing issues; ``(B) providing assessments of assistance by foreign governments that is provided to producers of environmental technologies, goods, and services in such countries in order to enhance exports to the country to which the specialist is assigned, the effectiveness of such assistance on the competitiveness of United States products, and whether comparable United States assistance exists; ``(C) training Foreign Commercial Service Officers in the country to which the specialist is assigned, other countries in the region, and United States and Foreign Commercial Service offices in the United States, in environmental technologies and the international environmental market; ``(D) providing assistance in identifying potential customers and market opportunities in the country to which the specialist is assigned; ``(E) providing assistance in obtaining necessary business services in the country to which the specialist is assigned; ``(F) providing information on environmental standards and regulations in the country to which the specialist is assigned; ``(G) providing information on all United States Government programs that could assist the promotion, financing, and sale of United States environmental technologies, goods, and services in the country to which the specialist is assigned; and ``(H) promoting the equal treatment of United States environmental, safety, and related requirements, with those of other exporting countries, in order to promote exports of United States-made products. ``(g) Environmental Training in One-Stop Shops.--In addition to the training provided under subsection (f)(2)(C), the Secretary shall establish a mechanism to train-- ``(1) Commercial Service Officers assigned to the one-stop shops provided for in section 2301(b)(8), and ``(2) Commercial Service Officers assigned to district offices in districts having large numbers of environmental businesses, in environmental technologies and in the international environmental marketplace, and ensure that such officers receive appropriate training under such mechanism. Such training may be provided by officers or employees of the Department of Commerce, and other United States Government departments and agencies, with appropriate expertise in environmental technologies and the international environmental workplace, and by appropriate representatives of the private sector. ``(h) International Regional Environmental Initiatives.-- ``(1) Establishment of initiatives.--The TPCC may establish one or more international regional environmental initiatives the purpose of which shall be to coordinate the activities of Federal departments and agencies in order to build environmental partnerships between the United States and the geographic region outside the United States for which such initiative is established. Such partnerships shall enhance environmental protection and promote sustainable development by using in the region technical expertise and financial resources of United States departments and agencies that provide foreign assistance and by expanding United States exports of environmental technologies, goods, and services to that region. ``(2) Activities.--In carrying out each international regional environmental initiative, the TPCC shall-- ``(A) support, through the provision of foreign assistance, the development of sound environmental policies and practices in countries in the geographic region for which the initiative is established, including the development of environmentally sound regulatory regimes and enforcement mechanisms; ``(B) identify and disseminate to United States environmental businesses information regarding specific environmental business opportunities in that geographic region; ``(C) coordinate existing Federal efforts to promote environmental exports to that geographic region, and ensure that such efforts are fully coordinated with environmental export promotion efforts undertaken by the States and the private sector; ``(D) increase assistance provided by the Federal Government to promote exports from the United States of environmental technologies, goods, and services to that geographic region, such as trade missions, reverse trade missions, trade fairs, and programs in the United States to train foreign nationals in United States environmental technologies; and ``(E) increase high-level advocacy by United States Government officials (including the United States ambassadors to the countries in that geographic region) for United States environmental businesses seeking market opportunities in that geographic region. ``(i) Environmental Technologies Project Advocacy Calendar and Information Dissemination Program.--The Working Group shall-- ``(1) maintain a calendar, updated at the end of each calendar quarter, of significant opportunities for United States environmental businesses in foreign markets and trade promotion events, which shall-- ``(A) be made available to the public; ``(B) identify the 50 to 100 environmental infrastructure and procurement projects in foreign markets that have the greatest potential in the calendar quarter for United States exports of environmental technologies, goods, and services; and ``(C) include trade promotion events, such as trade missions and trade fairs, in the environmental sector; and ``(2) provide, through the National Trade Data Bank and other information dissemination channels, information on opportunities for environmental businesses in foreign markets and information on Federal export promotion programs. ``(j) Environmental Technology Export Alliances.--Subject to the availability of appropriations for such purpose, the Secretary is authorized to use the Market Development Cooperator Program to support the creation on a regional basis of alliances of private sector entities, nonprofit organizations, and universities, that support the export of environmental technologies, goods, and services and promote the export of products complying with United States environmental, safety, and related requirements. ``(k) Definition.--For purposes of this section, the term `environmental business' means a business that produces environmental technologies, goods, or services.''. TITLE V--INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY SEC. 501. ESTABLISHMENT OF PROGRAM. (a) In General.--In carrying out part I of the Foreign Assistance Act of 1961 and other relevant foreign assistance laws, the President, acting through the Administrator of the United States Agency for International Development, shall establish a program of training and other technical assistance to assist foreign countries in-- (1) developing and strengthening laws and regulations to protect intellectual property; and (2) developing the infrastructure necessary to implement and enforce such laws and regulations. (b) Participation of Other Agencies.--The Administrator of the United States Agency for International Development-- (1) shall utilize the expertise of the Patent and Trademark Office and other agencies of the United States Government in designing and implementing the program of assistance provided for in this section; (2) shall coordinate assistance under this section with efforts of other agencies of the United States Government to increase international protection of intellectual property, including implementation of international agreements containing high levels of protection of intellectual property; and (3) shall consult with the heads of such other agencies in determining which foreign countries will receive assistance under this section. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "TABLE OF CONTENTS: Title I: Overseas Private Investment Corporation Title II: Trade and Development Agency Title III: Export Promotion Programs Within the International Trade Administration Title IV: Promotion of United States Environmental Exports Title V: International Protection of Intellectual Property Jobs Through Trade Expansion Act of 1994 - Title I: Overseas Private Investment Corporation - Amends the Foreign Assistance Act of 1961 to raise the ceiling on the maximum contingent liability allowed for Overseas Private Investment Corporation (OPIC) insurance and outstanding financing. (Sec. 102) Authorizes OPIC to transfer amounts from noncredit activities to pay subsidy costs of program levels for the direct loan and investment guaranties programs. (Sec. 103) Continues OPIC's authority to issue investment insurance and guarantees through FY 1996. (Sec. 105) Makes a restriction on OPIC assistance for countries that exceed a specified per capita income level inapplicable to Ireland and Northern Ireland (thus making such countries eligible for OPIC assistance). Title II: Trade and Development Agency - Authorizes appropriations for the Trade and Development Agency for FY 1995 and 1996. Title III: Export Promotion Programs Within the International Trade Administration - Amends the Export Administration Amendments Act of 1985 to authorize appropriations for Department of Commerce export promotion programs for FY 1995 and 1996. Title IV: Promotion of United States Environmental Exports - Environmental Export Promotion Act of 1994 - Amends the Export Enhancement Act of 1988 to remove provisions relating to Environmental Export Assistance Officers. (Sec. 402) Directs the Secretary of Commerce to establish the Environmental Technologies Trade Advisory Committee to provide guidance on programs to expand U.S. exports of environmental technologies, goods, and services and products that comply with U.S. environmental, safety, and related requirements. Requires the Environmental Trade Promotion Working Group, a subcommittee of the Trade Promotion Coordination Committee (TPCC), to: (1) select five priority countries with the greatest potential for the application of U.S. Government export promotion resources related to environmental exports; and (2) create a plan annually for each such country that sets forth ways to increase such exports to such country. Directs the Secretary to assign a specialist in environmental technologies to the office of the U.S. and Foreign Commercial Service in each of the priority countries. Authorizes the TPCC to establish international regional initiatives to coordinate the activities of Federal agencies in order to build environmental partnerships between the United States and the geographic regions outside the United States for which such initiatives are established. Provides that such partnerships shall enhance environmental protection and promote sustainable development by using the technical expertise and financial resources of Federal agencies that provide foreign assistance and by expanding U.S. exports of environmental technologies, goods, and services to such regions. Directs the Working Group to maintain a calendar of significant opportunities for U.S. environmental businesses in foreign markets and trade promotion events to be made available to the public. Authorizes the Secretary to use the Market Development Cooperator Program to support regional alliances of private sector entities, nonprofit organizations, and universities that support the export of environmental technologies, goods, and services and promote the export of products complying with U.S. environmental, safety, and related requirements. Title V: International Protection of Intellectual Property - Requires the President, acting through the Administrator of the Agency for International Development, to establish a program of training and technical assistance to assist foreign countries in: (1) developing and strengthening laws and regulations to protect intellectual property; and (2) developing the infrastructure necessary to implement and enforce such laws and regulations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Telephone Call Privacy Act of 1999''. SEC. 2. MODIFICATION OF REQUIREMENTS RELATING TO USE AND DISCLOSURE OF CUSTOMER PROPRIETARY NETWORK INFORMATION. (a) Modification of Requirements.-- (1) In general.--Paragraph (1) of section 222(c) of the Communications Act of 1934 (47 U.S.C. 222(c)) is amended to read as follows: ``(1) Privacy requirements for telecommunications carriers.-- ``(A) In general.--Except as provided in subparagraph (B) or as required by law, a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service may use, disclose, or permit access to customer proprietary network information that identifies a customer as follows: ``(i) In the provision of-- ``(I) the telecommunications service from which such information is derived; and ``(II) services necessary to, or used in, the provision of such telecommunications service, including the publishing of directories. ``(ii) In the case of the use of such information by the telecommunications carrier for the provision of another of its products or services to the customer, only if the telecommunications carrier-- ``(I) provides the customer a clear and conspicuous notice meeting the requirements set forth in subparagraph (C); ``(II) permits the customer to review such information for accuracy, and to correct and supplement such information; and ``(III) does not receive from the customer within 15 days after the date of the notice under subclause (I) notice disapproving the use of such information for the provision of such product or service to the customer as specified in the notice under such subclause. ``(iii) In the case of the use, disclosure, or access of or to such information by another party, only if the telecommunications carrier that originally receives or obtains such information-- ``(I) meets the requirements set forth in subclauses (I) and (II) of clause (ii) with respect to such information; and ``(II) receives from the customer written notice approving the use, disclosure, or access of or to such information for the provision of the product or service to the customer as specified in the notice under subclause (I) of this clause. ``(B) Customer disapproval.--Notwithstanding the previous approval of the use, disclosure, or access of or to information for a purpose under clause (ii) or (iii) of subparagraph (A), upon receipt from a customer of written notice of the customer's disapproval of the use, disclosure, or access of or to information for such purpose, a telecommunications carrier shall terminate the use, disclosure, or access of or to such information for such purpose. ``(C) Notice elements.--Each notice under clause (ii) or (iii) of subparagraph (A) shall include the following: ``(i) The types information that may be used, disclosed, or accessed. ``(ii) The specific types of businesses or individuals that may use or access the information or to which the information may be disclosed. ``(iii) The specific product or service for which the information may be used, disclosed, or accessed.''. (2) Conforming amendments.--Paragraph (3) of such section is amended by striking ``paragraph (1)'' both places it appears and inserting ``paragraph (1)(A)(i)''. (b) Judicial and Law Enforcement Purposes.--Such section is further amended by adding at the end the following: ``(4) Judicial and law enforcement purposes.-- ``(A) In general.--A person that receives or obtains consumer proprietary network information may disclose such information-- ``(i) pursuant to the standards and procedures established in the Federal Rules of Civil Procedure or comparable rules of other courts or administrative agencies, in connection with litigation or proceedings to which an individual who is the subject of the information is a party and in which the individual has placed the use, disclosure, or access to such information at issue; ``(ii) to a court, and to others ordered by the court, if in response to a court order issued in accordance with subparagraph (B); or ``(iii) to an investigative or law enforcement officer pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, or a grand jury subpoena, or a court order issued in accordance with subparagraph (B). ``(B) Requirements for court orders.-- ``(i) In general.--Except as provided in clause (ii), a court order for the disclosure of customer proprietary network information under subparagraph (A) may be issued by a court of competent jurisdiction only upon written application, upon oath or equivalent affirmation, by an investigative or law enforcement officer demonstrating that there is probable cause to believe that-- ``(I) the information sought is relevant and material to an ongoing criminal investigation; and ``(II) the law enforcement need for the information outweighs the privacy interest of the individual to whom the information pertains. ``(ii) Certain orders.--A court order may not be issued under this paragraph upon application of an officer of a State or local government if prohibited by the law of the State concerned.''. (c) Effective Date.--The amendments made by this section shall take effect 180 days after the date of the enactment of this Act.", "summary": "Outlines provisions authorizing a person that receives or obtains customer proprietary information to disclose such information to criminal law enforcement and judicial personnel for criminal law enforcement and related judicial proceedings. Provides requirements for court orders for investigative or law enforcement officers to obtain such information, including that: (1) the information sought is relevant and material to an ongoing criminal investigation; and (2) the law enforcement need for such information outweighs the privacy interest of the individual involved."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet of Things Consumer Tips to Improve Personal Security Act of 2017''or the ``IOT Consumer TIPS Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The term ``Internet of Things'' refers to devices, applications, and physical objects that are Internet-enabled, networked, or connected. (2) The devices that are part of the Internet of Things are equipped with sensors or developed with automated functionalities that allow them to collect, send, or receive data, and perform according to consumer preferences that enhance productivity, efficiency, and convenience. (3) The rapid adoption of the Internet of Things among consumers and businesses is driven by the wide range of economic and societal benefits that are generated by such devices across almost every industry and sector. (4) Consumer trust in the security of the Internet of Things is paramount to the leadership and competitiveness of the United States in the global digital economy. (5) It is the policy of the United States to encourage innovation in the development and use of the Internet of Things and empower consumers to be responsible digital citizens and manage the security of their devices in collaboration with manufacturers, sellers, and service providers. SEC. 3. FEDERAL EDUCATIONAL CYBERSECURITY RESOURCES FOR CONSUMERS REGARDING DEVICES THAT ARE PART OF THE INTERNET OF THINGS. (a) Definitions.--In this section-- (1) Covered device.--The term ``covered device''-- (A) includes devices, applications, and physical objects that are-- (i) part of the Internet of Things; and (ii) marketed and sold primarily to consumers; and (B) does not include-- (i) devices that are marketed and sold for use primarily in industrial, business, or enterprise settings; or (ii) smartphones, tablets, personal computers, or devices leased to consumers by multichannel video programming distributors. (2) Cybersecurity threat.--The term ``cybersecurity threat'' has the meaning given to the term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501). (3) Security vulnerability.--The term ``security vulnerability'' has the meaning given to the term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501). (b) Development of Educational Cybersecurity Resources.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall, in coordination with the National Institute of Standards and Technology and relevant private sector stakeholders and experts, develop voluntary educational cybersecurity resources for consumers relating to the practices of consumers with respect to the protection and use of covered devices, including citing evidence of consumer attitudes and expectations. (c) Elements.--The voluntary resources developed under subsection (b) shall be technology-neutral and include guidance, best practices, and advice for consumers to protect against, mitigate, and recover from cybersecurity threats or security vulnerabilities, where technically feasible, including-- (1) the scope of possible security support from a vendor post-purchase; (2) how to initiate or set up a covered device for use; (3) the use of passwords, available security tools and settings, appropriate physical controls, and avoidance of steps that can defeat security; (4) updates to the software of a covered device during operation or use if applicable; (5) the recovery of compromised devices; (6) end-of-life considerations such as resetting, deleting, or modifying data collected or retained by a covered device when it is no longer in use or expected to be used by the consumer; (7) security services, tools, or platforms for connected devices that may help consumers manage connected devices; and (8) varying security considerations depending on factors, including the type of device and setting of use. (d) Availability and Publication.--The Federal Trade Commission shall ensure that the resources developed under subsection (b) are available to and readily accessible by the public on the Internet website of the Federal Trade Commission. (e) Periodic Updates.--The Federal Trade Commission shall review, and, as necessary update the resources developed under subsection (b), in collaboration with industry stakeholders, to address changes in cybersecurity threats or security vulnerabilities and other technology developments or challenges. (f) Voluntary Use.--The resources developed under subsection (b) shall be for voluntary use by consumers. (g) Treatment.--No guidelines, best practices, or advice issued by the Federal Trade Commission with respect to the resources developed under subsection (b) shall confer any right on any person, State, or locality, nor shall operate to bind the Federal Trade Commission or any person to the approach recommended in such guidance, best practice, or advice. The Federal Trade Commission may not base an enforcement action on, or execute a consent order based on, any failure to promote or use such guidance, or any practice used for covered device functionality that is alleged to be inconsistent with any guidance, best practice, or advice included in the resources developed under subsection (b), unless the practice allegedly violates another provision of law. Nothing in this Act is intended to limit the ability of the Federal Trade Commission to enforce section 5 of the Federal Trade Commission Act (15 U.S.C. 45).", "summary": "Internet of Things Consumer Tips to Improve Personal Security Act of 2017 or the IOT Consumer TIPS Act of 2017 This bill requires the Federal Trade Commission (FTC) in coordination with the National Institute of Standards and Technology and relevant private sector stakeholders and experts to develop voluntary educational cybersecurity resources for consumers relating to the protection and use of the Internet of Things (devices, applications, and physical objects that are Internet-enabled, networked, or connected). The resources must be technology-neutral and include guidance, best practices, and advice for consumers to protect against, mitigate, and recover from cybersecurity threats or security vulnerabilities. The resources do not bind the FTC to any particular guidance, best practice, or advice. The FTC may not base an enforcement action on any failure to promote or use such guidance, best practice, or advice unless such practice violates another provision of law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Right-of-Way Conveyance Validation Act''. SEC. 2. VALIDATION OF CONVEYANCES. Except as provided in section 5, the conveyances described in section 3 (involving certain lands in Nevada County, State of California) and section 4 (involving certain lands in San Joaquin County, State of California) concerning lands that form parts of the right-of-way granted by the United States to the Central Pacific Railway Company in the Act entitled ``An Act to aid in the Construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to secure to the Government the Use of the same for Postal, Military, and Other Purposes'', approved July 1, 1862 (12 Stat. 489), hereby are legalized, validated, and confirmed, as far as any interest of the United States in such lands is concerned, with the same force and effect as if the land involved in each such conveyance had been held, on the date of such conveyance, under absolute fee simple title by the grantor of such land. SEC. 3. CONVEYANCES OF LANDS IN NEVADA COUNTY, STATE OF CALIFORNIA. The conveyances of land in Nevada County, State of California, referred to in section 2 are as follows: (1) The conveyances entered into between the Southern Pacific Transportation Company, grantor, and David G. ``Otis'' Kantz and Virginia Thomas Bills Kantz, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-15995 in the official records of the county of Nevada. (2) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Antone Silva and Martha E. Silva, his wife, grantees, recorded June 10, 1987, as instrument number 87-15996 in the official records of the county of Nevada. (3) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Charlie D. Roeschen and Renee Roeschen, husband and wife as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-15997 in the official records of the county of Nevada. (4) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Manuel F. Nevarez and Margarita Nevarez, his wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-15998 in the official records of the county of Nevada. (5) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Susan P. Summers, grantee, recorded June 10, 1987, as instrument number 87-15999 in the official records of the county of Nevada. (6) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and James L. Porter, a single man, as his sole and separate property, grantee, recorded June 10, 1987, as instrument number 87-16000 in the official records of the county of Nevada. (7) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Robert L. Helin, a single man, grantee, recorded June 10, 1987, as instrument number 87-16001 in the official records of the county of Nevada. (8) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Thomas S. Archer and Laura J. Archer, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16002 in the official records of the county of Nevada. (9) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Wallace L. Stevens, a single man, grantee, recorded June 10, 1987, as instrument number 87-16003 in the official records of the county of Nevada. (10) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Sierra Pacific Power Company, grantees, recorded June 10, 1987, as instrument number 87-16004 in the official records of the county of Nevada. (11) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Truckee Public Utility District, grantees, recorded June 10, 1987, as instrument number 87-16005 in the official records of the county of Nevada. (12) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Dwayne W. Haddock and Bertha M. Haddock, his wife as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16006 in the official records of the county of Nevada. (13) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William C. Thorn, grantee, recorded June 10, 1987, as instrument number 87-16007 in the official records of the county of Nevada. (14) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Jose Guadelupe Lopez, grantees, recorded June 10, 1987, as instrument number 87-16008 in the official records of the county of Nevada. (15) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Harold O. Dixon, an unmarried man, as to an undivided half interest, and Pedro Lopez, a married man, as to an undivided half interest, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16009 in the official records of the county of Nevada. (16) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Robert E. Sutton and Patricia S. Sutton, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16010 in the official records of the county of Nevada. (17) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Angelo C. Besio and Eva G. Besio, his wife, grantees, recorded June 10, 1987, as instrument number 87-16011 in the official records of the county of Nevada. (18) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Lawrence P. Young and Mary K. Young, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16012 in the official records of the county of Nevada. (19) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and the estate of Charles Clyde Cozzaglio, grantee, recorded June 10, 1987, as instrument number 87-16013 in the official records of the county of Nevada. (20) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Noel T. Hargreaves, an unmarried woman, as her sole and separate property, grantee, recorded June 10, 1987, as instrument number 87-16014 in the official records of the county of Nevada. (21) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Athleisure Enterprises, Incorporated, a Nevada corporation, grantees, recorded January 24, 1989, as instrument number 89-01803 in the official records of the county of Nevada. (22) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Richard Bwarie, a single man as to an undivided one-half interest, and Roger S. Gannam and Lucille Gannam, husband and wife, as joint tenants, as to an undivided one-half interest, grantees, recorded January 24, 1989, as instrument number 89-01804 in the official records of the county of Nevada. (23) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William Campbell and Juanita R. Campbell, his wife as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01805 in the official records of the county of Nevada. (24) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William E. Cannon and Lynn M. Cannon, husband and wife, as joint tenants as to an undivided one- half interest, and Brent Collinson and Dianne Collinson, husband and wife, as joint tenants, as to an undivided one-half interest, grantees, recorded January 24, 1989, as instrument number 89-01806 in the official records of the county of Nevada. (25) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Christopher G. Eaton and Bernadette M. Eaton, husband and wife as community property, grantees, recorded January 24, 1989, as instrument number 89-01807 in the official records of the county of Nevada. (26) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Christopher G. Eaton, grantee, recorded January 24, 1989, as instrument number 89-01808 in the official records of the county of Nevada. (27) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Valeria M. Kelly, an unmarried woman, grantee, recorded January 24, 1989, as instrument number 89- 01809 in the official records of the county of Nevada. (28) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William J. Kuttel and Delia Rey Kuttel, husband and wife, grantees, recorded January 24, 1989, as instrument number 89-01810 in the official records of the county of Nevada. (29) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Thomas A. Lippert and Laurel A. Lippert, husband and wife, grantees, recorded January 24, 1989, as instrument number 89-01811 in the official records of the county of Nevada. (30) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Fred J. Mahler, a single man, grantee, recorded January 24, 1989, as instrument number 89-01812 in the official records of the county of Nevada. (31) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Francis Doyle McGwinn also known as Doyle F. McGwinn, a widower, grantee, recorded January 24, 1989, as instrument number 89-01813 in the official records of the county of Nevada. (32) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and James D. Ritchie and Susan Ritchie, husband and wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01814 in the official records of the county of Nevada. (33) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William R. Smith and Joan M. Smith, his wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01815 in the official records of the county of Nevada. (34) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Anthony J. Stile and Laura A. Stile, husband and wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01816 in the official records of the county of Nevada. (35) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Thomas R. Stokes, a single man, and Carla J. Stewart, a single woman, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01817 in the official records of the county of Nevada. (36) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Tom's Television System, Incorporated, a California Corporation, grantees, recorded January 24, 1989, as instrument number 89-01818 in the official records of the county of Nevada. (37) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Tom's Television System, Incorporated, a California corporation, grantees, recorded January 24, 1989, as instrument number 89-01819 in the official records of the county of Nevada. (38) The conveyances entered into between the Southern Pacific Transportation Company, grantor, and Harry M. Welch and Betty R. Welch, his wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01820 in the official records of the county of Nevada. (39) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Harry Fariel and Joan Fariel, husband and wife, as joint tenants, grantees, recorded February 2, 1989, as instrument number 89-02748 in the official records of the county of Nevada. (40) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Edward Candler and May Candler, husband and wife as community property, as to an undivided two-thirds interest; and Harry Fariel and Joan Fariel, husband and wife, as joint tenants, as to an undivided one-third interest, grantees, recorded February 2, 1989, as instrument number 89-02749 in the official records of the county of Nevada. (41) The conveyance entered into between the Central Pacific Railroad, grantor, and E.W. Hopkins and J.O.B. Gann, grantees, recorded April 7, 1894, in Book 79 of Deeds at page 679, official records of the county of Nevada. (42) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and John David Gay and Elizabeth Jean Gay, as Trustees of the David and Elizabeth Gay Trust, grantees, recorded October 3, 1991, as instrument number 91-30654 of the official records of the county of Nevada. SEC. 4. CONVEYANCES OF LAND IN SAN JOAQUIN COUNTY, STATE OF CALIFORNIA. The conveyances of land in San Joaquin County, State of California, referred to in section 2 are as follows: (1) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Ronald M. Lauchland and Lillian R. Lauchland, grantees, recorded October 1, 1985, as instrument number 85066621 in the official records of the county of San Joaquin. (2) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Bradford A. Lange and Susan J. Lange, his wife, as to an undivided one-half, and Randall W. Lange and Charlene J. Lange, his wife, as to an undivided one-half interest, grantees, recorded October 1, 1985, as instrument number 85066623 in the official records of the county of San Joaquin. (3) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Leo G. Lewis and Vasiliki L. Lewis, and Billy G. Lewis and Dimetria Lewis, grantees, recorded October 1, 1985, as instrument number 85066625 in the official records of the county of San Joaquin. (4) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Louis J. Bennett, grantees, recorded October 1, 1985, as instrument number 85066627 in the official records of the county of San Joaquin. (5) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Joe Alves Correia and Leontina Correia, his wife, grantees, recorded September 1, 1970, instrument number 33915, in book 3428, page 461, of the official records of the county of San Joaquin. (6) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Willard H. Fike, Jr., and Dorla E. Fike, his wife, grantees, recorded January 7, 1988, instrument number 88001473 of the official records of the county of San Joaquin. (7) The conveyance entered into between Central Pacific Railway, Grantor, and Nettie M. Murray and Marie M. Hallinan, Grantees, dated May 31, 1949, recorded June 14, 1949, in volume 1179 at page 394 of the official records of the county of San Joaquin. (8) The conveyance entered into between the Central Pacific Railway Company, a corporation, and its Lessee, Southern Pacific Company, a corporation, Grantor, and Lodi Winery, Incorporated, Grantee, dated August 2, 1938, recorded May 23, 1940, in volume 692, page 249, of the official records of the county of San Joaquin. SEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES. (a) Scope.--Nothing in this Act shall be construed to-- (1) diminish the right-of-way referred to in section 2 to a width of less than fifty feet on each side of the center of the main track or tracks maintained by the Southern Pacific Transportation Company on the date of enactment of this Act; or (2) legalize, validate, or confirm, with respect to any land that is the subject of a conveyance referred to in section 3 or 4, any right or title to, or interest in, such land arising out of adverse possession, prescription, or abandonment, and not confirmed by such conveyance. (b) Minerals.--(1) The United States hereby reserves any federally- owned minerals that may exist in land that is conveyed pursuant to section 2 of this Act, including the right of the United States, its assignees or lessees, to enter upon and utilize as much of the surface of said land as is necessary to remove minerals under the laws of the United States. (2) Any and all minerals reserved by paragraph (1) are hereby withdrawn from all forms of entry, appropriation, and patent under the mining, mineral leasing, and geothermal leasing laws of the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Railroad Right-of-Way Conveyance Validation Act - Validates conveyances of certain lands in San Joaquin and Nevada Counties, California, that form part of the right-of-way granted by the United States to the Central Pacific Railway Company."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Use Invigoration Land Development Act''. SEC. 2. GRANT PROGRAM TO PROMOTE THE REDEVELOPMENT OF REMEDIATED SITES. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 36 as section 37; and (2) by inserting after section 35 the following new section: ``SEC. 36. GRANT PROGRAM TO PROMOTE THE REDEVELOPMENT OF REMEDIATED SITES. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Remediated site.--The term `remediated site' means any real property with respect to which requirements under Federal or State law for remediation of hazardous substances, pollutants, and contaminants have been completed. ``(2) Low-income geographic area.--The term ``low-income geographic area'' means-- ``(A) any population census tract (or in the case of an area that is not tracted for population census tracts, the equivalent county division, as defined by the Bureau of the Census of the Department of Commerce for purposes of defining poverty areas), if-- ``(i) the poverty rate for that census tract is not less than 20 percent; ``(ii) in the case of a tract-- ``(I) that is located within a metropolitan area, 50 percent or more of the households in that census tract have an income equal to less than 60 percent of the area median gross income; or ``(II) that is not located within a metropolitan area, the median household income for such tract does not exceed 80 percent of the statewide median household income; or ``(iii) as determined by the Administrator based on objective criteria, a substantial population of low-income individuals reside, an inadequate access to investment capital exists, or other indications of economic distress exist in that census tract; or ``(B) any area located within-- ``(i) a HUBZone (as defined in section 3(p) of the Small Business Act and the implementing regulations issued under that section); ``(ii) an urban empowerment zone or urban enterprise community (as designated by the Secretary of Housing and Urban Development); or ``(iii) a rural empowerment zone or rural enterprise community (as designated by the Secretary of Agriculture). ``(b) Establishment.--In accordance with this section, the Administrator may make grants to eligible entities to enable such entities to participate in the redevelopment of remediated sites. ``(c) Eligibility.--Each of the following entities is eligible to receive assistance under this section: ``(1) A small business concern. ``(2) A locally based organization that represents small business concerns. ``(3) A local redevelopment agency that is chartered, established, or otherwise sanctioned by a State or by a local government. ``(d) Use of Funds.--Assistance made available under this section may be used only-- ``(1) for the development of plans for the reuse of a remediated site; or ``(2) to perform marketing analyses with respect to a remediated site. ``(e) Application.--An eligible entity seeking assistance made available under this section shall submit to the Administrator an application in such form as the Administrator may require. ``(f) Selection Criteria.--In selecting entities to receive assistance under this section, the Administrator shall consider each of the following: ``(1) The ability of the entity to develop plans for the reuse of the remediated site and to perform marketing analyses with respect to the remediated site. ``(2) The extent to which the redevelopment of the remediated site proposed to be redeveloped by the entity would create jobs and other social and economic benefits to the local community and business opportunities for small business concerns. ``(3) The extent to which the entity's use of assistance will maximize the leveraging of private sector funds. ``(4) The extent to which the entity will use assistance to redevelop a remediated site located in a low-income geographic area. ``(g) Grant Amount.--Each grant award made under this section shall be of sufficient size to carry out the goals of this section, but shall not exceed $200,000. ``(h) Loss of Eligibility and Repayment.--If the Administrator determines that an entity receiving assistance made available under this section violates any condition placed on the receipt of such assistance, the Administrator-- ``(1) may make no additional assistance available to such entity under this section; and ``(2) may require the entity to repay, in whole or in part, the assistance made available to the entity under this section. ``(i) Report to Administrator.--Not later than 2 years after receiving assistance made available under this section, each eligible entity receiving such assistance shall transmit to the Administrator a report describing how the assistance was used. ``(j) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated the sum of $4,000,000 for each of fiscal years 2003 through 2005. ``(2) Availability.--Funds appropriated under paragraph (1) shall remain available until expended.''. SEC. 3. INCREASED PARTICIPATION LEVEL FOR LOANS TO SMALL BUSINESSES LOCATED ON REMEDIATED SITES. Clause (i) of section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)) shall be applied by substituting ``90 percent'' for ``75 percent'' and clause (ii) of such section shall be applied by substituting ``90 percent'' for ``85 percent'' in the case of any loan made-- (1) to a small business concern located or locating on a remediated site (as such term is defined in section 36(a)(1) of the Small Business Act (as amended by this Act)) with respect to which a grant has been made under such section; and (2) during the 5-year period beginning on the date that such grant is made. SEC. 4. FUNDING FROM DEVELOPMENT COMPANIES TO REDEVELOP REMEDIATED SITES. Section 501(d)(3) of the Small Business Investment Act of 1958 (15 U.S.C. 695(d)(3)) is amended-- (1) in subparagraph (G), by striking ``or''; (2) in subparagraph (H), by striking the period and inserting ``, or''; and (3) by inserting after subparagraph (H) the following new subparagraph: ``(I) redevelopment of remediated sites (as defined in section 36(a)(1) of the Small Business Act).''. SEC. 5. EXEMPTION FROM OUTSTANDING LEVERAGE LIMITS FOR SBIC INVESTMENTS IN REMEDIATED SITES. Paragraphs (2)(C) and (4)(D) of section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) are amended by-- (1) inserting ``or on a remediated site (as defined in section 36(a)(1) of the Small Business Act)'' after ``located in a low-income geographic area (as defined in section 351)''; and (2) by striking ``low-income'' in the headings of such paragraphs and inserting ``certain''.", "summary": "Brownfields Use Invigoration Land Development Act - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to make grants to a small business, a local organization that represents small businesses, or a local redevelopment agency chartered, established, or otherwise sanctioned by a State or local government to participate in the redevelopment of remediated sites (real property with respect to which requirements under Federal or State law for the remediation of hazardous substances, pollutants, and contaminants have been completed). Sets a maximum per-grant limit of $200,000. Increases to 90 percent of the amount of the outstanding financing the level of SBA participation in guaranteed loans made to small businesses on a deferred basis for small businesses located or locating on a remedial site.Amends the Small Business Investment Act of 1958 to: (1) authorize the SBA to provide assistance to State development companies for projects for the redevelopment of remediated sites; and (2) exempt from current outstanding leverage limits small business investment company investments in remediated sites."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant and Toddler Care Improvement Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The brain undergoes its most dramatic development during a child's first 3 years of life, with 700 new neurological connections being formed every second based on early experience. During this time, the brain's foundational capacities for thinking, language, emotion, and self-regulation are formed. (2) Economic deprivation can also affect the development of the brain and impair all aspects of development. Children in families below the poverty line are at risk for prolonged ``toxic'' stress, which can change the shape of the brain's structure. Twenty-five percent of children younger than 3 years of age live in families with incomes below the poverty level. (3) Child care is second only to the family setting as the place in which early development takes place for many infants and toddlers. Sixty-one percent of mothers with children younger than 3 years of age are in the labor force and over 6,000,000 children younger than 3 years of age are cared for by someone other than their parents for some part or all of the day. Therefore, the relationship between the child and the child care provider often plays a significant role in child development. (4) Research shows that high-quality child care can mitigate some of the effects of adverse experiences caused by poverty and that low-income children can benefit particularly well from high-quality child care. Yet, at-risk children younger than 3 years of age often receive low-quality child care that can lead to poor developmental outcomes. (5) High-quality child care has been shown to promote positive cognitive, language, and social and emotional development, and contribute to academic success. High-quality child care can also help improve a child's communication skills, cognitive skills, behavioral skills, math and language assessment scores, and verbal intelligence. (6) Providing training and technical assistance to family child care providers who are infant and toddler care providers, through family child care networks, has been shown to improve the quality of caregivers. (7) Twenty-seven States use infant and toddler specialist networks as the structure for providing training and technical assistance, using research-based training and techniques such as mentoring and on-site coaching, to all types of providers of child care for infants or toddlers. (8) Preparation for early childhood educators often does not include training specific to infants and toddlers. Only 21 States have infant and toddler credential requirements that define the particular knowledge and skills needed to work with children younger than 3 years of age. (9) Infants and toddlers have unique needs that differ from those of older children in areas such as health and safety, interaction with teachers and caregivers, and learning, yet not all States recognize those differences in licensing regulations or in their Quality Rating and Improvement Systems. Just 20 States have infant and toddler quality indicators in their Quality Rating and Improvement Systems and only 3 States have separate categories of child care regulations related to infants and toddlers. (b) Purpose.--The purpose of this Act is to improve the overall quality of child care programs serving infants or toddlers. SEC. 3. HIGH-QUALITY INFANT AND TODDLER CARE PROGRAM. The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G (42 U.S.C. 9858e) the following: ``SEC. 658H. HIGH-QUALITY INFANT AND TODDLER CARE PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible infant or toddler care provider.--The term `eligible infant or toddler care provider' means an eligible child care provider, consistent with section 658P, who provides care to an infant or toddler. ``(2) Infant or toddler.--The term `infant or toddler' means an individual under 3 years of age. ``(3) Infant or toddler with a developmental delay or disability.-- ``(A) In general.--The term `infant or toddler with a developmental delay or disability' has the meaning given the term `infant or toddler with a disability' in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432). ``(B) Plural form.--The term `infants and toddlers with developmental delays or disabilities' means more than 1 infant or toddler with a developmental delay or disability. ``(4) Limited english proficient.--The term `limited English proficient' has the meaning given the term in section 637 of the Head Start Act (42 U.S.C. 9832). ``(5) Low-income community.--The term `low-income community' shall be defined by the Secretary. ``(6) Low-income family.--The term `low-income family' means a family with a family income described in section 658P(4)(B). ``(b) Grants.-- ``(1) In general.--The Secretary shall make grants to eligible States, from allotments described in paragraph (2), to enable the States to improve the quality of care for infants and toddlers. ``(2) Allotments.-- ``(A) Amounts reserved.-- ``(i) Territories and possessions.--The Secretary shall reserve an amount not to exceed 0.5 percent of the amount appropriated under this section for each fiscal year for payments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs. ``(ii) Indian tribes.--The Secretary shall reserve not less than 1 percent, and not more than 2 percent, of the amount appropriated under this section for each fiscal year for payments to Indian tribes and tribal organizations with applications approved under section 658O(c). ``(B) Allotments to states.--After making reservations under subparagraph (A), the Secretary shall use the remainder of the amount appropriated under this section for a fiscal year to allot to each State an amount that bears the same relationship to that remainder as the amount allotted to the State under section 658O for that fiscal year bears to the amount allotted to all States under section 658O for that fiscal year. ``(C) State.--In this paragraph, the term `State' does not include Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands. ``(c) Amendment to State Plans.--A State that receives a grant under this section shall include in the State's plan under section 658E, a description of how the State will use funds provided under this section to improve the quality of infant and toddler care. ``(d) Use of Funds.-- ``(1) In general.--A State that receives a grant under this section shall use the funds made available through the grant to carry out 1 or more of the activities described in paragraphs (2) through (7). ``(2) Increasing high-quality infant and toddler care.-- ``(A) In general.--A State may use the funds described in paragraph (1) to make grants to eligible entities to be resources for eligible infant and toddler care providers, to improve the quality of early care and development services provided to infants and toddlers in the community from low-income families and to help such providers serving low-income families improve their capacity to offer high-quality care to such families. ``(B) Eligible entity.--To be eligible to receive a grant under this paragraph, an entity shall be an eligible child care provider that-- ``(i) serves infants and toddlers from low- income families; and ``(ii)(I) is ranked at the top level of the State's Quality Rating and Improvement System or similar rating system or accredited by a national accrediting body recognized, before the date of enactment of the Infant and Toddler Care Improvement Act, for high-quality program standards that are valid and reliable; or ``(II) is an Early Head Start agency under section 645A of the Head Start Act (42 U.S.C. 9840a) that is in full compliance with the performance standards applicable to such an agency under the Head Start Act (42 U.S.C. 9831 et seq.). ``(C) Priority.--In making grants under this paragraph, a State-- ``(i) shall give priority to entities that will serve significant populations of low- income families; and ``(ii) may give priority to entities that-- ``(I) are located in low-income communities; ``(II) will serve communities with significant populations of families with limited English proficiency; or ``(III) will increase the ability of caregivers to provide appropriate services and coordinate activities with State and local systems providing services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.) for children with developmental delays or disabilities, including such children in the child welfare system of the State. ``(3) Staffed family child care networks or systems.-- ``(A) In general.--A State may use the funds described in paragraph (1) to make grants to organizations with expertise in providing child care and related technical assistance, to establish and operate staffed family child care networks or systems that offer, to family child care providers who are eligible infant and toddler care providers, technical assistance, training, administrative support, or direct services including monitoring visits to providers. ``(B) Priority.--In making grants under this paragraph, a State-- ``(i) shall give priority to organizations described in paragraph (2)(C)(i); and ``(ii) may give priority to organizations that have 1 or more of the 3 characteristics described in paragraph (2)(C)(ii). ``(4) Statewide network of infant and toddler specialists.-- ``(A) In general.--A State may use the funds described in paragraph (1) to support, or to make a grant to an organization with expertise in providing child care technical assistance to support, a statewide network of specialists who are eligible infant and toddler care providers, that shall-- ``(i) provide individual or group training and intensive consultation services to eligible infant and toddler care providers, including relative caregivers, on strategies to improve the quality of care for infants and toddlers; and ``(ii) assist eligible infant and toddler care providers in coordinating activities with other offices responsible for child care, including Early Head Start programs and Head Start programs carried out under the Head Start Act (42 U.S.C. 9831 et seq.). ``(B) Priority.--In delivering services or making grants under this paragraph, a State-- ``(i) shall give priority to networks that deliver support to providers described in paragraph (2)(C)(i); and ``(ii) may give priority to networks that deliver support to providers that have 1 or more of the 3 characteristics described in paragraph (2)(C)(ii). ``(5) State workforce quality initiatives.-- ``(A) In general.--A State may use the funds described in paragraph (1) to support initiatives to improve the quality of the workforce of eligible infant and toddler care providers, such as-- ``(i) providing relevant training, professional development, or mentoring to eligible infant and toddler care providers, including linking the training, development, or mentoring to career pathways for eligible infant and toddler care providers; ``(ii) providing scholarships or other financial support to eligible infant and toddler care providers to advance their education and training; ``(iii) coordinating activities with the State's higher education system to expand the availability and quality of coursework for infant and toddler care providers, including developing career pathways for eligible infant and toddler care providers; or ``(iv) improving the State credentialing of eligible infant and toddler care providers. ``(6) Systems quality.--A State may use the funds described in paragraph (1) to-- ``(A) develop infant and toddler components for the State's Quality Rating and Improvement System or similar rating system, child care licensing regulations, or voluntary early learning guidelines; ``(B) improve the ability of parents to obtain information about high-quality infant and toddler care; or ``(C) assist eligible infant and toddler care providers seeking to improve the quality of their infant and toddler care by increasing their ranking on the State's Quality Rating and Improvement System or similar rating system, meeting performance standards applicable to an Early Head Start agency under the Head Start Act (42 U.S.C. 9831 et seq.), or becoming accredited by a national accrediting body described in paragraph (2)(B)(ii). ``(7) Other high-quality initiatives.--A State may use the funds described in paragraph (1) to carry out other activities determined by the State to improve the quality of infant and toddler care provided in the State and for which there is evidence that the activities will lead to improved infant and toddler safety, infant and toddler development, or infant and toddler well-being. ``(e) Reporting.--A State that receives a grant under subsection (b) shall submit in the State's annual reports required under section 658K(a)(2), information on how the State is using the funding provided under subsection (b) to improve the quality of infant and toddler care and the effect such funding is having on the quality of infant and toddler care in the State. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2013 and each subsequent fiscal year.''. SEC. 4. CONFORMING AMENDMENTS. (a) Authorization.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended by inserting ``(other than section 658H)'' after ``subchapter''. (b) Allotment.--Section 658O(a)(1) of such Act (42 U.S.C. 9858m(a)(1)) is amended by striking ``this subchapter'' and inserting ``section 658B''.", "summary": "Infant and Toddler Care Improvement Act - Amends the Child Care and Development Block Grant Act of 1990 to direct the Secretary of Health and Human Services (HHS) to make grants to enable eligible states (including Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands) to improve the quality of care for infants and toddlers, especially those from low-income families. Authorizes the use of grant funds to: (1) make grants to organizations with pertinent expertise to establish and operate staffed family child care networks or systems that offer family child care providers technical assistance, training, administrative support, or direct services; (2) support a statewide network of infant and toddler care specialists; and (3) support initiatives to improve the quality of the provider workforce. Allows the use of such funds also to: (1) develop infant and toddler components for the State's Quality Rating and Improvement System or a similar rating system, child care licensing regulations, or voluntary early learning guidelines; (2) improve the ability of parents to obtain information about high-quality infant and toddler care; or (3) assist eligible infant and toddler care providers seeking to increase their ranking on the State's Quality Rating and Improvement System or similar rating system, meet performance standards applicable to an Early Head Start agency, or become accredited by a national accrediting body."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States-Mexico border is an interdependent and dynamic region of more than 15,000,000 people with significant and unique public health challenges. (2) These challenges include low rates of health insurance coverage, poor access to health care services, high unemployment rates, low educational attainment, and high rates of dangerous diseases, such as tuberculosis, diabetes, obesity, and other non-communicable diseases. (3) As the 2009 novel influenza A (H1N1) pandemic illustrated, diseases do not respect international boundaries, and a strong public health effort at and along the borders is crucial to not only protect and improve the health of Americans but also to help secure the country against threats to biosecurity and other emerging threats. (4) For 11 years, the United States-Mexico Border Health Commission has served as a crucial binational institution to address these unique and truly cross-border health issues. (5) More than 75 percent of Canadians live within 100 miles of the United States border. The 2003 epidemic of severe acute respiratory syndrome caused more than 250 illnesses in the Greater Toronto Area, just 80 miles from New York. SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS. The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended-- (1) in section 3-- (A) in paragraph (1), by striking ``; and'' and inserting ``;''; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(3) to cooperate with the Canada-United States Pan Border Public Health Preparedness Council (referred to in this Act as the `Council'), as appropriate; and ``(4) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues.''; (2) in section 5-- (A) in subsection (b), by striking ``should be the leader'' and inserting ``shall be the Chair''; and (B) by adding at the end the following: ``(d) Providing Advice and Recommendations.--Members of the Commission and the Council may at any time provide advice or recommendations to the Secretary, Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Such advice or recommendations may be provided regardless of whether a request for such is made and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or Council or any other Federal official.''; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: ``SEC. 7. BORDER HEALTH GRANTS. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, public institution of higher education, local government, Indian tribe, tribal organization, urban Indian organization, nonprofit health organization, trauma center, critical access hospital or other hospital that serves rural or other vulnerable communities and populations, faith-based entity, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the United States- Mexico border area or the United States-Canada border area. ``(b) Authorization.--From amounts appropriated under section 11, the Secretary, in consultation with members of the Commission and Council and in coordination with the Office of Global Affairs, shall award grants to eligible entities to address priorities and recommendations outlined by the strategic plan and operational work plan of the Commission and the Council, as authorized under section 9, to improve the health of United States-Mexico border area and United States-Canada border area residents. ``(c) Application.--An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds for any of the following: ``(1) Programs relating to any one or more of the following: ``(A) Maternal and child health. ``(B) Primary care and preventative health. ``(C) Infectious disease testing, monitoring, and surveillance. ``(D) Public health and public health infrastructure. ``(E) Health promotion. ``(F) Oral health. ``(G) Behavioral and mental health. ``(H) Substance abuse prevention and harm reduction. ``(I) Health conditions that have a high prevalence in the United States-Mexico border area or United States-Canada border area. ``(J) Medical and health services research. ``(K) Workforce training and development. ``(L) Community health workers and promotoras. ``(M) Health care infrastructure problems in the United States-Mexico border area or United States- Canada border area (including planning and construction grants). ``(N) Health disparities in the United States- Mexico border area or United States-Canada border area. ``(O) Environmental health. ``(P) Health education. ``(Q) Outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.)). ``(R) Trauma care. ``(S) Health research with an emphasis on infectious disease and pressing issues related to noncommunicable diseases. ``(T) Epidemiology and health research. ``(U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. ``(V) Obesity, particularly childhood obesity. ``(W) Crisis communication, domestic violence, health literacy, or cancer. ``(X) Community-based participatory research on border health issues. ``(Y) Violence prevention. ``(Z) Cross-border public health preparedness. ``(2) Other programs determined appropriate by the Secretary. ``(e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). ``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE (EWIDS) IN THE BORDER AREA. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian tribe, tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. ``(b) Authorization.--From funds appropriated under section 11, the Secretary shall award grants for Early Warning Infectious Disease Surveillance (EWIDS) to eligible entities for infectious disease surveillance activities in the United States-Mexico border area or United States-Canada border area. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds, in coordination with State and all local hazards programs, to-- ``(1) develop and implement infectious disease surveillance plans and networks and public health emergency and readiness assessments and preparedness plans, and purchase items necessary for such plans; ``(2) coordinate infectious disease surveillance planning and interjurisdictional risk assessments in the region with appropriate United States-based agencies and organizations and appropriate authorities in Mexico or Canada; ``(3) improve infrastructure, including surge capacity, syndromic surveillance, and isolation/decontamination capacity, and policy preparedness, including for mutual assistance and for the sharing of information and resources; ``(4) improve laboratory capacity, in order to maintain and enhance capability and capacity to detect potential infectious disease, whether naturally occurring or the result of terrorism; ``(5) create and maintain a health alert network, including risk communication and information dissemination that is culturally competent and takes into account the needs of at- risk populations, including individuals with disabilities; ``(6) educate and train clinicians, epidemiologists, laboratories, and emergency management personnel; ``(7) implement electronic data and infrastructure inventory systems to coordinate the triage, transportation, and treatment of multicasualty incident victims; ``(8) provide infectious disease testing in the United States-Mexico border area or United States-Canada border area; and ``(9) carry out such other activities identified by the Secretary, members of the Commission, members of the Council, State or local public health authorities, representatives of border health offices, or authorities at the United States- Mexico or United States-Canada borders. ``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(a) Strategic Plan.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, and every 5 years thereafter, the Commission (including the participation of members representing both the United States and Mexican sections) and the Council (including the participation of members representing both the United States and Canada) shall each prepare a binational strategic plan to guide the operations of the Commission and the Council and submit such plan to the Secretary and Congress. ``(2) Requirements.--The binational strategic plan under paragraph (1) shall include-- ``(A) health-related priority areas determined most important by the full membership of the Commission or Council, as applicable; ``(B) recommendations for goals, objectives, strategies, and actions designed to address such priority areas; and ``(C) a proposed evaluation framework with output and outcome indicators appropriate to gauge progress toward meeting the objectives and priorities of the Commission or Council, as applicable. ``(b) Work Plan.--Not later than January 1, 2015, and every 2 years thereafter, the Commission and the Council shall develop and approve an operational work plan and budget based on the strategic plan under subsection (a). ``(c) GAO Review.--Not later than January 1, 2016, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). The evaluation shall include a request for written evaluations from members of the Commission and the Council about barriers and facilitators to executing successfully the work plans of the Commission and the Council. ``(d) Biannual Reporting.--The Commission and Council shall each issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Not later than 3 months following receipt of each such biannual report, the Secretary shall provide to Congress the report and any studies or other materials produced independently by the Commission and Council. ``(e) Audits.--The Secretary shall annually prepare an audited financial report to account for all appropriated assets expended by the Commission and Council to address both the strategic and operational work plans for the year involved. ``(f) By-Laws.--Not later than 6 months after the date of enactment of this section, the Commission and Council shall develop and approve bylaws to provide fully for compliance with the requirements of this section. ``(g) Transmittal to Congress.--The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. The Comptroller General of the United States shall submit a copy of each evaluation completed under subsection (c) to Congress. ``SEC. 10. COORDINATION. ``(a) In General.--To the extent practicable and appropriate, plans, systems, and activities to be funded (or supported) under this Act for all hazard preparedness, and general border health, shall be coordinated with Federal, State, and local authorities in Mexico, Canada, and the United States. ``(b) Coordination of Health Services and Surveillance.--The Secretary, acting through the Assistant Secretary for Preparedness and Response, when appropriate, may coordinate with the Secretary of Homeland Security in establishing a health alert system that-- ``(1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the United States-Mexico border area and United States-Canada border area; and ``(2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along the United States-Mexico border area and United States-Canada border area. ``SEC. 11. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $7,000,000 for fiscal year 2014 and each succeeding year, subject to the availability of appropriations for such purpose, of which $4,650,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States- Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas, and $2,350,000 shall be allocated for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council.''; and (5) in section 12 (as so redesignated)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (6), respectively; (B) by inserting after paragraph (2), the following: ``(3) Indians; indian tribe; tribal organization; urban indian organization.--The terms `Indian', `Indian tribe', `tribal organization', and `urban Indian organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).''; and (C) by inserting after paragraph (4), as so redesignated, the following: ``(5) United states-canada border area.--The term `United States-Canada border area' means the area located in the United States and Canada within 100 kilometers of the border between the United States and Canada.''.", "summary": "Border Health Security Act of 2013 - Amends the United States-Mexico Border Health Commission Act to: (1) revise the duties of the United States-Mexico Border Health Commission to include cooperating with the Canada-United States Pan Border Public Health Preparedness Council and serving as an independent and objective body to recommend and implement initiatives that solve border health issues, and (2) authorize appropriations. Designates the Commissioner of the U.S. section of the Commission as the Chair (currently, leader) of the section. Authorizes members of the Commission and the Council to provide advice or recommendations to the Secretary of Health and Human Services (HHS), Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Requires the Secretary to award grants: (1) to eligible entities to improve the health of individuals residing in the U.S.-Mexico and U.S.-Canada border areas, and (2) for Early Warning Infectious Disease Surveillance to eligible entities for infection disease surveillance activities in such areas. Requires the Commission and the Council to each: (1) prepare (every five years) a binational strategic plan to guide its operation, (2) develop and approve (every two years) an operational work plan and budget based on the strategic plan, and (3) issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Requires the Comptroller General (GAO) (every two years) to conduct an evaluation of Commission and Counsel activities. Requires plans, systems, and activities supported under such Act for all hazard preparedness, and general border health, to be coordinated with authorities in Mexico, Canada, and the United States to the extent practicable. Authorizes the Assistant Secretary for Preparedness and Response to coordinate with the Secretary of Homeland Security (DHS) in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the U.S.-Mexico and U.S.-Canada border areas; and (2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along such areas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Give Judge Venckiene Her Day in Court Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Judge Neringa Venckiene fled to the United States in 2013 and requested political asylum after a 5-year battle in Lithuania to secure justice for her 4-year-old niece, Deimante Kedyte, who reported that she was being sexually molested by Lithuanian government officials while in her mother's care. (2) Deimante Kedyte's claims of sexual molestation were evaluated by court-ordered psychologists and psychiatrists and deemed to be credible. (3) Deimante Kedyte accused of sexual molestation an assistant to the Speaker of the Parliament and a sitting judge, both associates of her mother. (4) Judge Venckiene and Deimante Kedyte's father petitioned law enforcement and the courts for full investigation of Deimante's claims against the accused individuals, but believed the ensuing investigation to be negligent. (5) Lithuania's parliament (Legal and Judiciary Committees) issued a report in 2010 that deemed the investigation into Deimante Kedyte's sexual molestation accusations to be negligent and found that the negligence had compromised the case against the public officials. (6) After Deimante Kedyte's father went missing in 2009, Judge Venckiene was awarded guardianship of Deimante. (7) Deimante Kedyte's mother was never indicted for complicity in the sexual molestation despite a Vilnius District Court Ruling in October 2009 that there was enough evidence to indict her. (8) In December 2011, Judge Venckiene was ordered to give Deimante Kedyte, then 7 years old, back to her mother, but Deimante refused to return to her mother, indicating fear of sexual molestation. (9) Hundreds of Lithuanians kept vigil outside Judge Venckiene's house to prevent the Lithuanian Government from removing Deimante Kedyte. (10) In May 2012, the Lithuanian Government sent more than 200 police officers to take Deimante Kedyte from Judge Venckiene by force. (11) Deimante Kedyte clung to Judge Venckiene, was ripped from her, was carried away shrieking, and has completely disappeared from public view for the last 6 years. (12) The Lithuanian Government's action resulted in protests against the Lithuanian Government in Lithuania and at numerous Lithuanian embassies around the world, as well as in the United States when the Lithuanian President attended the NATO summit in Chicago in May 2012. (13) Judge Venckiene published a book entitled ``Way of Courage'' in 2012 about Deimante Kedyte's ordeal and Lithuania's failure to properly investigate and prosecute the case against the government officials. (14) ``Way of Courage'' became the name of a new, anti- corruption, anti-pedophilia political party in Lithuania, which elected Judge Venckiene to Lithuania's parliament in 2012. (15) Judge Venckiene sought political asylum in the United States in 2013 after she received threats and experienced what she believed was an attempt on her life following a political rally, and after the Lithuanian Government moved to lift Judge Venckiene's parliamentary immunity. (16) The Lithuanian Government has systematically prosecuted for ``false statements'' and other crimes the journalists, a medical professional, Deimante Kedyte's grandparents, Judge Venckiene's neighbor, people who attended rallies on her behalf, and many others who came forward with evidence or support of Deimante Kedyte's claims of sexual molestation or who opposed the violent removal of Deimante from Judge Venckiene. (17) Lithuania has leveled more than 35 charges against Judge Venckiene, including charges for filing petitions on behalf of Deimante Kedyte with Lithuania's courts and the Child's Rights Ombudsman, making statements critical of the investigation to journalists, describing in her book the sexual molestation case against and naming the public officials, involvement in ``unauthorized protests'', ``humiliating the court'', desecrating the national anthem, conducting her own investigation into the case, failing to turn Deimante over to the accused mother, bruising an officer, and kicking at Deimante's mother when the mother tried to remove Deimante. (18) The extradition treaty signed by the United States and the Republic of Lithuania on October 23, 2001, does not permit for Judge Venckiene to offer counter-evidence in United States court to any of Lithuania's charges against her or to make the case for political motivation. (19) A United States Magistrate Judge in April 2018 approved extradition for charges that Judge Venckiene hindered the activities of a bailiff, failed to comply with a court's decision not associated with a penalty, caused physical pain, and resisted against a civil servant or a person performing the functions of public administration--all charges related to Deimante Kedyte being taken from Judge Venckiene's home and returned to the accused mother. (20) Former political prisoners, as well as current and former government officials in Lithuania have written to the United States Government, warning that the Lithuanian Government's charges against Judge Venckiene are politically motivated. (21) The Chairman of the Supreme Court of Lithuania Gintaras Kryzevicius has been reported as publicly saying that Judge Venckiene ``is an abscess in the legal system and an abscess in the political system'' and ``the trouble of the whole state''. (22) Sweden, Ireland, Northern Ireland, Denmark, Malta, Ukraine, and Russia have all refused to extradite individuals to Lithuania. (23) Judge Venckiene can present evidence concerning the political motivation of Lithuania's charges against her before an immigration judge if she is excluded from the extradition treaty and allowed to proceed with her political asylum case, filed in 2013 and scheduled to be heard in July 2019. SEC. 3. EXCLUSION FROM EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF LITHUANIA. (a) In General.--Notwithstanding any other provision of law, Judge Neringa Venckiene shall be excluded from extradition under the Extradition Treaty Between the Government of the United States of America and the Government of the Republic of Lithuania, signed at Vilnius on October 23, 2001, and entered into force on March 31, 2003 (as amended by the Protocol on the Application of the Agreement on Extradition between the Unites States of America and the European Union to the Extradition Treaty between the Government of the United States of America and the Government of the Republic of Lithuania, signed at Brussels on June 15, 2005, and entered into force on February 1, 2010), and excluded from all other laws allowing for her extradition to Lithuania. (b) Political Asylum.--Judge Neringa Venckiene shall be permitted to remain in the United States until a final order is issued with respect to her pending application for asylum. (c) Free Movement.--Judge Neringa Venckiene shall not be held in Federal or State prison or detention for any immigration-related or extradition-related offense and shall be allowed free movement and continued work permission until a final order is issued with respect to her pending application for asylum.", "summary": "Provides for the relief of Judge Neringa Venckiene, who the Government of Lithuania seeks on charges related to her pursuit of justice against Lithuanian public officials accused of sexually molesting her young niece."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Tribal Development Corporation Feasibility Study Act of 2004''. SEC. 2. FEASIBILITY STUDY. Section 4(b) of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4303(b)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ``(6) Tribal development corporation feasibility study.-- ``(A) In general.--The Secretary shall establish the Tribal Development Corporation Feasibility Study Group (referred to in this paragraph as the `Group'). ``(B) Members.--The Group shall be comprised of 12 members, as follows: ``(i) Representatives of indian tribes.-- Five members of the Group shall be representatives of federally recognized Indian tribes. ``(ii) Representatives of the alaska native community.--Three members of the Group shall be representatives of the Alaska Native Community. ``(iii) Representative of the native hawaiian community.--One member of the Group shall be a representative of the Native Hawaiian Community. ``(iv) Representative of the private sector.--Two members of the Group shall be representatives of nongovernmental economic activities carried out by private enterprises in the private sector. ``(v) Federal officials.--One member of the Group shall be a representative of the Department of the Treasury with demonstrated experience in international economic development and international financial institutions. ``(C) Chairperson.--The members of the Group shall select a Chairperson. ``(D) Personnel and services.-- ``(i) In general.--The Chairperson of the Group may appoint and terminate such personnel as are necessary to enable the Group to perform its duties. ``(ii) Procurement of services.--The Chairperson may procure such services as are necessary to enable the Group to perform the duties of the Group. ``(E) Study.-- ``(i) In general.--Not later than 270 days after the date of enactment of this subparagraph, the Group shall-- ``(I) conduct a study to determine the feasibility of establishing an Indian Tribal Development Corporation (referred to in this subparagraph as the `Corporation'); and ``(II) submit to the Committee on Indian Affairs and the Committee on Appropriations of the Senate and the Committee on Resources and the Committee on Appropriations of the House of Representatives a report that describes the results of the study and any recommendations of the Group for further legislative action. ``(ii) Contents.--The report shall contain-- ``(I) a discussion and determination of the financial feasibility of the Corporation, including whether the Corporation can be, over the long term, financially self-sustainable; ``(II) a discussion and determination of the probable economic impact of the Corporation, including a demonstration of the quantitative and qualitative economic impact on Native American communities; ``(III) a discussion and determination of the best alternatives in the structure, organization, and lending terms and conditions of the Corporation, including the most appropriate structure of capital contributions to best serve, and be acceptable to, Native interests; ``(IV) a discussion and determination of the basic terms and conditions under which funding would be provided to member Indian tribes; ``(V) a discussion of nonfinancial and advisory activities to be undertaken by the Corporation, including the use of diagnostic studies by the Corporation to-- ``(aa) identify tribal, Federal, or State policies and legal and regulatory conditions and infrastructure deficiencies that impede investment, both private and public, needed to promote economic development; ``(bb) provide specific recommendations for remedial actions that can be undertaken by an Indian tribe to overcome such inhibitors of investment; and ``(cc) identify and establish the terms for pre- appraisal studies of investment opportunities, both private and public, that can be developed and promoted by an Indian tribe; and ``(VI) a discussion and determination of-- ``(aa) the capital structure of the Corporation, including the optimal level of initial capital contributions by both Indian tribes and the United States Government; and ``(bb) the financial instruments that will be required by the Corporation to ensure its success. ``(F) Termination of study group.--The Group shall terminate 120 days after the date on which the Group submits the report under subparagraph (E). ``(G) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph-- ``(i) $3,000,000 for fiscal year 2005; and ``(ii) $2,000,000 for fiscal year 2006.''. Passed the Senate November 19, 2004. Attest: EMILY J. REYNOLDS, Secretary.", "summary": "Indian Tribal Development Corporation Feasibility Study Act of 2004 - Amends the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to direct the Secretary of Commerce to establish the Tribal Development Corporation Feasibility Study Group to study and report to Congress on the feasibility of establishing an Indian Tribal Development Corporation. Authorizes appropriations for FY 2005 and 2006."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Access to Justice Act of 2012''. SEC. 2. WAIVER OF SOVEREIGN IMMUNITY UNDER THE ELEVENTH AMENDMENT WITH RESPECT TO ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) In General.--Section 4323 of title 38, United States Code, is amended-- (1) in subsection (b), by striking paragraph (2) and inserting the following new paragraph: ``(2) In the case of an action against a State (as an employer) by a person, the action may be brought in the appropriate district court of the United States or State court of competent jurisdiction.''; (2) by redesignating subsection (i) as subsection (j); and (3) by inserting after subsection (h) the following new subsection: ``(i) Waiver of State Sovereign Immunity.--(1) A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the eleventh amendment to the Constitution or otherwise, to a suit brought by-- ``(A) a person who is or was an employee in that program or activity for the rights or benefits authorized the person by this chapter; ``(B) a person applying to be such an employee in that program or activity for the rights or benefits authorized the person by this chapter; or ``(C) a person seeking reemployment as an employee in that program or activity for the rights or benefits authorized the person by this chapter. ``(2) In this subsection, the term `program or activity' has the meaning given that term in section 309 of the Age Discrimination Act of 1975 (42 U.S.C. 6107).''. (b) Application.--The amendments made by subsection (a) shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are commenced after the date of the enactment of this Act. SEC. 3. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES REGARDING EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) In General.--Subchapter III of chapter 43 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 4328. Unenforceability of agreements to arbitrate disputes ``(a) Protection of Employee Rights.--Notwithstanding any other provision of law, any clause of any agreement between an employer and an employee that requires arbitration of a dispute arising under this chapter shall not be enforceable. ``(b) Exceptions.--(1) Subsection (a) shall not apply with respect to any dispute if, after such dispute arises, the parties involved knowingly and voluntarily agree to submit such dispute to arbitration. ``(2) Subsection (a) shall not preclude the enforcement of any of the rights or terms of a valid collective bargaining agreement. ``(c) Validity and Enforcement.--Any issue as to whether this section applies to an arbitration clause shall be determined by Federal law. Except as otherwise provided in chapter 1 of title 9, the validity or enforceability of an agreement to arbitrate referred to in subsection (a) or (b)(1), shall be determined by a court, rather than the arbitrator, irrespective of whether the party resisting arbitration challenges the agreement to arbitrate specifically or in conjunction with other terms of the agreement. ``(d) Application.--This section shall apply with respect to all contracts and agreements between an employer and an employee in force before, on, or after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 4326 the following new item: ``4328. Unenforceability of agreements to arbitrate disputes.''. (c) Application.--The provisions of section 4328 of title 38, United States Code, as added by subsection (a), shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. SEC. 4. ENHANCED REMEDIES FOR ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) State and Private Employers.--Section 4323(d) of title 38, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (2) in paragraph (4) (as so redesignated)-- (A) by inserting after ``compensation'' each place it appears the following: ``or damages''; (B) by striking ``subparagraph (B) or (C) of paragraph (1)'' the first place it appears and inserting ``paragraph (1) or (3)''; and (C) by striking ``subparagraph (B) or (C) of paragraph (1)'' the second place it appears and inserting ``paragraph (1) or (3)''; and (3) by striking the subsection enumerator and heading and paragraph (1) and inserting the following: ``(d) Remedies.--(1) A State or private employer who violates the provisions of this chapter shall be liable to any person affected-- ``(A) for damages in the amount of-- ``(i) any wages, salary, benefits, or other compensation denied or lost by such person by reason of the violation; or ``(ii) in a case in which wages, salary, benefits, or other compensation have not been denied or lost to the person, any actual monetary losses sustained by the person as a result of the violation; ``(B) the interest on the amount described in subparagraph (A) calculated at the prevailing interest rates over the period of time for which the damages are due; and ``(C) an additional amount as liquidated damages equal to the sum of the amount described in subparagraph (A) and the interest described in subparagraph (B), or $10,000, whichever is greater except that, if the employer proves to the satisfaction of the court that the act or omission giving rise to the person's action was in good faith and that the employer had reasonable grounds for believing the act or omission was not a violation of the provisions of this chapter, the court may award, in its discretion, no liquidated damages or award any amount of liquidated damages not to exceed 100 percent of the compensation or damages awarded under subparagraph (A) and the interest described in subparagraph (B). ``(2) In any action under this section, the court may require the employer to comply with the provisions of this chapter.''. (b) Punitive Damages.--Section 4323(d) of such title is further amended by inserting after paragraph (2) (as inserted by subsection (a)(3) of this section) the following new paragraph: ``(3) In the case of a violation of this chapter by a State or private employer with 25 or more employees, the court shall require the employer to pay the person affected punitive damages if the court determines that the employer's violation of this chapter was done with malice or reckless indifference to the rights of the person under this chapter.''. (c) Right to Jury Trial.--Section 4323(d) of such title is further amended by adding at the end the following: ``(6) A person who commences an action under this section shall be entitled to a trial by jury.''. (d) Federal Government Employers.--Paragraph (2) of section 4324(c) of such title is amended to read as follows: ``(2) If the Board determines that a Federal executive agency or the Office of Personnel Management has violated the provisions of this chapter relating to the employment or reemployment of a person by the agency, the Board shall enter an order requiring the agency or Office to comply with such provisions and to compensate such person-- ``(A) for damages in the amount of-- ``(i) any wages, salary, benefits, or other compensation denied or lost by such person by reason of the violation; or ``(ii) in a case in which wages, salary, benefits, or other compensation has not been denied or lost to the person, any actual monetary losses sustained by the person as a result of the violation; ``(B) the interest on the amount described in subparagraph (A) calculated at the prevailing interest rates over the period of time for which the damages are due; and ``(C) an additional amount as liquidated damages equal to the sum of the amount described in subparagraph (A) and the interest described in subparagraph (B), or $10,000, whichever is greater; except that, if the Federal executive agency or the Office of Personnel Management proves to the satisfaction of the Board that the act or omission giving rise to such person's complaint was in good faith and that the agency or Office had reasonable grounds for believing that the act or omission was not a violation of the provisions of this chapter, the Board may award, in the discretion of the Board, no liquidated damages or award any amount of liquidated damages not to exceed 100 percent of the compensation or damages awarded under subparagraph (A) and the interest described in subparagraph (B).''. (e) Application.--The amendments made by this section shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are commenced after the date of the enactment of this Act. SEC. 5. REQUIRED AWARD OF ATTORNEY FEES IN ACTIONS TO ENFORCE EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) Enforcement of Rights With Respect to a State or Private Employer.--Section 4323(h)(2) of title 38, United States Code, is amended by striking ``may'' and inserting ``shall''. (b) Enforcement of Rights With Respect to Federal Executive Agencies.--Section 4324(c)(4) of such title is amended by striking ``the Board may, in its discretion, award'' and inserting ``the Board shall award''. (c) Application.--The amendments made by subsections (a) and (b) shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. SEC. 6. REQUIRING EQUITABLE RELIEF WHEN APPROPRIATE. (a) In General.--Section 4323(e) of title 38, United States Code, is amended-- (1) by striking ``The court shall use,'' and inserting ``(1) The court shall use,''; and (2) by adding at the end the following new paragraph: ``(2) Notwithstanding rule 65 of the Federal Rules of Civil Procedure or any other provision of law, for purposes of determining whether to issue an injunction or restraining order pursuant to paragraph (1)-- ``(A) an employer's denial of reemployment or retention in employment shall constitute irreparable harm to a person who is denied reemployment or retention in employment if an injunction to reinstate such person is not issued, and such person shall be considered to have no adequate remedy at law; ``(B) if the court balances the hardships between the parties, there shall be a rebuttable presumption that the balance of harm to a person who is denied reemployment or retention in employment if an injunction to reinstate such person is not issued outweighs the harm to such person's employer or former employer if an injunction is issued to reinstate such person; and ``(C) if the court considers the public interest or public policy, there shall be a rebuttable presumption that the issuance of an injunction to reinstate a person who is denied reemployment or retention in employment is in the public interest and advances public policy.''. (b) Application.--The amendments made by subsection (a) shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. SEC. 7. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE NOTICE TO CONTRACTORS OF POTENTIAL OBLIGATIONS RELATING TO EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) Civilian Agencies.-- (1) In general.--Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 4712. Notice to contractors of potential obligations relating to employment and reemployment rights of members of the uniformed services ``Each contract for the procurement of property or services that is entered into by the head of an executive agency shall include a notice to the contractor that the contractor may have obligations under chapter 43 of title 38, United States Code.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 47 of such title is amended by inserting after the item relating to section 4711 the following new item: ``4712. Notice to contractors of potential obligations relating to employment and reemployment rights of members of the uniformed services.''. (b) Armed Forces.-- (1) In general.--Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2336. Notice to contractors of potential obligations relating to employment and reemployment rights of members of the uniformed services ``Each contract for the procurement of property or services that is entered into by the head of an executive agency shall include a notice to the contractor that the contractor may have obligations under chapter 43 of title 38.''. (2) Clerical amendment.--The table of sections for such chapter is amended by adding at the end the following new item: ``2336. Notice to contractors of potential obligations relating to employment and reemployment rights of members of the uniformed services.''. SEC. 8. CLARIFYING THAT PROVISIONS OF SECTION 4302 OF TITLE 38, UNITED STATES CODE, APPLY TO BOTH SUBSTANTIVE AND PROCEDURAL RIGHTS. Section 4302 of title 38, United States Code, is amended by inserting ``substantive or procedural'' before ``right or benefit'' each place it occurs. SEC. 9. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON EFFECTIVENESS OF FEDERAL PROGRAMS OF EDUCATION AND OUTREACH ON EMPLOYER OBLIGATIONS REGARDING EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) Study Required.--The Comptroller General of the United States shall conduct a study on the effectiveness of Federal programs of education and outreach on employer obligations under chapter 43 of title 38, United States Code. (b) Contents of Study.--In carrying out the study required by subsection (a), the Comptroller General shall-- (1) assess current practices and procedures of Federal agencies for educating employers about their obligations under chapter 43 of title 38, United States Code; (2) identify best practices for bringing the employment practices of small businesses into compliance with such chapter; (3) determine whether the Employer Support for the Guard and Reserve, the Small Business Administration, or other agencies could collaborate to develop a program to educate employers regarding their obligations under such chapter; and (4) determine the effect on recruitment and retention in the National Guard and Reserves of the failure of employers to meet their reemployment obligations under such chapter. (c) Report to Congress.--Not later than December 31, 2012, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), including the following: (1) The findings of the Comptroller General with respect to such study. (2) The recommendations of the Comptroller General for the improvement of education and outreach for employers with respect to their obligations under chapter 43 of title 38, United States Code.", "summary": "Servicemembers Access to Justice Act of 2012 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator). Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases. Requires (under current law, authorizes) the award of attorney fees in actions to enforce USERRA. Requires (under current law, authorizes) a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations. Requires federal procurement contracts to include a notice that the contractor may have USERRA obligations. Requires a Comptroller General study on the effectiveness of federal education and outreach programs on employer obligations under USERRA."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lake Erie Western Basin International Wildlife Refuge Establishment Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The western basin of Lake Erie, as part of the Great Lakes ecosystem, the largest freshwater ecosystem on the face of the Earth, is vitally important to the economic and environmental future of the United States. (2) Over the past three decades, the citizens and governmental institutions of both the United States and Canada have devoted increasing attention and resources to the restoration of the water quality and fisheries of the Great Lakes, including the western basin. This increased awareness has been accompanied by a gradual shift to a holistic ``ecosystem approach'' that highlights a growing recognition that shoreline areas--the nearshore terrestrial ecosystems--are an integral part of the western basin and the Great Lakes ecosystem as a whole. (3) The Great Lakes account for more than 90 percent of the surface freshwater in the nation. The western basin receives approximately 90 percent of its flow from the Detroit River and only approximately 10 percent from tributaries. (4) The western basin of Lake Erie is an important ecosystem that includes a number of distinct islands, channels, rivers, and shoals that support dense populations of fish, wildlife, and aquatic plants. (5) The coastal wetlands of Lake Erie support the largest diversity of plant and wildlife species in the Great Lakes. The moderate climate of Lake Erie and its more southern latitude allow for many species that are not found in or along the northern Great Lakes. More than 300 species of plants, including 37 significant species, have been identified in the aquatic and wetland habitats of the western basin. (6) The shallow western basin, from the Lower Detroit River to Sandusky Bay, is home to the largest concentration of marshes in Lake Erie, including Mouille, Metzger, and Magee marshes, the Maumee Bay wetland complex, the wetland complexes flanking Locust Point, and the wetlands in Sandusky Bay. The larger United States islands in western Lake Erie have wetlands in the small ebayments. (7) The wetlands in the western basin of Lake Erie comprise as some of the most important waterfowl habitat in the Great Lakes. Waterfowl, wading birds, shore birds, gulls and terns, raptors, and perching birds all use the western basin wetlands for migration, nesting, and feeding. Hundreds of thousands of diving ducks stop to rest in the Lake Erie area on their fall migration from Canada to the east and south. The wetlands of the western basin provide a major stopover for sea ducks such as migrating bufflehead, common goldeneye, common mergansers, and ruddy duck. (8) The international importance of Lake Erie is manifested in the United States congressional designation of the Ottawa and Cedar Point National Wildlife Refuges. (9) Lake Erie has an international reputation for walleye, perch, and bass fishing, recreational boating, birding, photography, and duck hunting. On an economic basis, Lake Erie tourism accounts for an estimate $1,500,000,000 in retail sales and more than 50,000 jobs. (10) Many of the 417,000 boats that are registered in Ohio are used in the western basin of Lake Erie, in part to fish for the estimated 10,000,000 walleye that migrate from the lake to spawn. This internationally renowned walleye fishery drives much of Ohio's $2,000,000,000 sport fishing industry. (11) Coastal wetlands in the western basin have been subjected to intense pressure for 150 years. Prior to 1850, the western basin was part of an extensive coastal marsh and swamp system of approximately 122,000 hectares that comprised a portion of the Great Black Swamp. By 1951, only 12,407 wetland hectares remained in the western basin. Half of that acreage was destroyed between 1972 and 1987. Therefore, today only approximately 5,000 hectares remain. Along the Michigan shoreline, coastal wetlands were reduced by 62 percent between 1916 and the early 1970s. The development of the city of Monroe has had a particularly significant impact on the coastal wetlands at the mouth of the Raisin River: only approximately 100 hectares remain physically unaltered today in an area where 70 years ago marshes were 10 times more extensive. In addition to the actual loss of coastal wetland acreage along the shores of Lake Erie, the quality of many remaining wetlands has been degraded by numerous stressors, especially excessive loadings of sediments and nutrients, contaminants, shoreline modification, exotic species, and the diking of wetlands. Protective peninsula beach systems, such as the former Bay Point and Woodtick, at the border of Ohio and Michigan near the mouth of the Ottawa River and Maumee Bay, have been eroded over the years, exacerbating erosion along the shorelines and impacting the breeding and spawning grounds. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Refuge'' means the Lake Erie Western Basin International Wildlife Refuge established by section 5. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Lake Erie Western Basin'' means those lands and waters within the area described in section 5(a). SEC. 4. PURPOSES. The purposes for which the Refuge is established and shall be managed are as follows: (1) To protect the remaining high-quality fish and wildlife habitats of the western basins of Lake Erie before they are lost to further development and to restore and enhance degraded wildlife habitats associated with the western basin of Lake Erie. (2) To assist in international efforts to conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the western basin of Lake Erie (including associated fish, wildlife, and plant species), both in the United States and Canada in partnership with nongovernmental and private organizations, as well as private individuals dedicated to habitat enhancement. (3) To facilitate partnerships among the United States Fish and Wildlife Service, Canadian national and provincial authorities, State and local governments, local communities in the United States and in Canada, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the western basin of Lake Erie. (4) To advance the collective goals and priorities established in the ``Great Lakes Strategy 2002--A Plan for the New Millennium'', by the United States Policy Committee comprised of various Federal agencies, including the United States Fish and Wildlife Service, the Environmental Protection Agency, the Army Corps of Engineers, the National Oceanic and Atmospheric Administration, the United States Geological Survey, the Agency for Toxic Substances and Disease Registry, the Forest Service, and the Great Lakes Fishery Commission, as well as the State governments and tribal governments in the Great Lakes. These goals, broadly stated, include working together to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem. SEC. 5. ESTABLISHMENT OF REFUGE. (a) Boundaries.--There is hereby established the Lake Erie Western Basin International Wildlife Refuge, consisting of the lands and waters owned or managed by the Secretary pursuant to this Act in the State of Michigan from the southern boundary of Sterling State Park to the eastern edge of Sandusky Bay, as depicted upon the map entitled ``Lake Erie Western Basin International Wildlife Refuge Proposed'', dated May 12, 2002, which shall be available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Existing Refuge Lands.--The Ottawa National Wildlife Refuge and the Cedar Point National Wildlife Refuge are hereby included within, and shall be a part of, the Lake Erie Western Basin International Wildlife Refuge. All references to the Ottawa and Cedar Point national wildlife refuges shall hereafter be treated as references to the Lake Erie Western Basin International Wildlife Refuge. (c) Boundary Revisions.--The Secretary may make such revisions of the boundaries of the Refuge as may be appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of property within the Refuge. (d) Acquisition.--The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange the lands and waters, or interests therein (including conservation easements), within the boundaries of the Refuge. Any and all acquisitions of lands or waters under the provisions of this Act shall be made in a voluntary manner and shall not be the result of forced takings. (e) Transfers From Other Agencies.--Any Federal property located within the boundaries of the Refuge which is under the administrative jurisdiction of another department or agency of the United States may, with the concurrence of the head of administering department or agency, be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this Act. (f) Study of Associated Area.--The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the Maumee River, from its mouth to an appropriate juncture along the Maumee River Heritage Corridor between Toledo and Fort Wayne, Indiana. Not later than 18 months after the date of the enactment of the Act, the Secretary shall complete such study and submit a report containing the results thereof to the Congress. SEC. 6. ADMINISTRATION. (a) In General.--The Secretary shall administer all federally owned lands, waters, and interests therein that are within the boundaries of the Refuge in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and this Act. The Secretary may use such additional statutory authority as may be available for the conservation of fish and wildlife, and the provision of fish and wildlife dependent recreational opportunities as the Secretary considers appropriate to carry out the purposes of this Act. (b) Priority Uses.--In providing opportunities for compatible fish and wildlife dependent recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge. (c) Cooperative Agreements Regarding Non-Federal Lands.--The Secretary is authorized to enter into cooperative agreements with the State of Ohio or Michigan, or any political subdivision thereof, and with any other person or entity for the management in a manner consistent with this Act of lands that are owned by such State, subdivision, or other person or entity and located within the boundaries of the Refuge and to promote public awareness of the resources of the Lake Erie Western Basin International Wildlife Refuge and encourage public participation in the conservation of those resources. (d) Use of Existing Greenway Authority.--The Secretary shall encourage the State of Ohio to use existing authorities under the Transportation Equity Act for the 21st Century to provide funding for acquisition and development of trails within the boundaries of the Refuge.", "summary": "Lake Erie Western Basin International Wildlife Refuge Establishment Act - Establishes the Lake Erie Western Basin International Wildlife Refuge (Refuge), Michigan and Ohio. Includes the Ottawa National Wildlife Refuge and the Cedar Point National Wildlife Refuge within it.Authorizes the Secretary of the Interior to: (1) revise Refuge boundaries to carry out its purposes or to facilitate the acquisition of property; and (2) acquire by donation, purchase, or exchange the lands and waters or interests within such boundaries. Provides for transfers from other agencies.Requires the Secretary, acting through the Director of the U.S. Fish and Wildlife Service, to conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the Maumee River.Directs the Secretary to: (1) administer all federally owned lands, waters, and interests within the Refuge; (2) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge; and (3) encourage Ohio to use existing authorities under the Transportation Equity Act for the 21st Century to provide funding for acquisition and development of trails within the Refuge.Authorizes the Secretary to enter into cooperative agreements regarding non-Federal lands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Managed Care Plan Accountability Act of 1997''. SEC. 2. IMPROVEMENTS IN ERISA ENFORCEMENT WITH RESPECT TO MANAGED CARE GROUP HEALTH PLANS. (a) Additional Remedies for Cost-Driven Violations of Plan Terms.-- (1) In general.--Section 502(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)) is amended-- (A) by redesignating paragraph (6) as paragraph (7); and (B) by inserting after paragraph (5) the following new paragraph: ``(6)(A) In any case in which a group health plan, or a health insurance issuer offering health insurance coverage in connection with such plan, provides benefits under such plan under managed care, and such plan or issuer fails to provide any such benefit in accordance with the terms of the plan or such coverage, insofar as such failure occurs pursuant to a clinically or medically inappropriate decision or determination resulting from-- ``(i) the application of any cost containment technique, ``(ii) any utilization review directed at cost containment, or ``(iii) any other medical care delivery policy decision which restricts the ability of providers of medical care from utilizing their full discretion for treatment of patients, each specified defendant shall be jointly and severally liable to any participant or beneficiary aggrieved by such failure for actual damages (including compensatory and consequential damages) proximately caused by such failure, and may, in the court's discretion, be liable to such participant or beneficiary for punitive damages. ``(B) For purposes of this paragraph-- ``(i) a group health plan, or a health insurance issuer offering health insurance coverage in connection with the plan, provides benefits under `managed care' if the plan or the issuer-- ``(I) provides or arranges for the provision of the benefits to participants and beneficiaries primarily through participating providers of medical care, or ``(II) provides financial incentives (such as variable copayments and deductibles) to induce participants and beneficiaries to obtain the benefits primarily through participating providers of medical care, or both. ``(ii) The term `specified defendant' means, in connection with any failure to provide any benefit, a person who is-- ``(I) the plan sponsor, or ``(II) a health insurance issuer offering health insurance coverage in connection with the plan, insofar as an act or failure to act of such person constitutes or contributes to the failure to so provide such benefit. ``(iii) The term `participating' means, with respect to a provider of medical care in relation to a group health plan or health insurance coverage offered in connection with a group health plan, a provider that furnishes the items and services comprising medical care to participants and beneficiaries under the plan under an agreement with the plan or with a health insurance issuer offering the coverage. ``(iv) The provisions of section 733 apply in the same manner and to the same extent as they apply for purposes of part 7. ``(C) Remedies under this paragraph are in addition to remedies otherwise provided under this section.''. (2) Concurrent jurisdiction.--Section 502(e)(1) of such Act (29 U.S.C. 1132(e)(1)) is amended-- (A) in the first sentence, by inserting ``and except for actions under subsection (a)(1)(A) of this section for the relief provided in subsection (c)(6) of this section,'' after ``this section,''; and (B) in the last sentence, by inserting ``and under subsection (a)(1)(A) of this section for the relief provided in subsection (c)(6) of this section'' after ``this section''. (b) Indemnification for Liability of Providers Bound by Plan Restrictions on Medical Communications.--Section 502 of such Act (29 U.S.C. 1132) is amended further by adding at the end the following new subsection: ``(n)(1) In any case in which a group health plan, or a health insurance issuer offering health insurance coverage in connection with such plan, provides benefits under such plan under managed care, the plan shall provide for full indemnification of any participating provider of medical care for any liability incurred by such provider for any failure to provide any such benefit in accordance with the terms of the plan or such coverage, if such failure is the direct result of a plan restriction on medical communications under the plan. ``(2) For purposes of this subsection-- ``(A) the term `plan restriction on medical communications' under a group health plan means a provision of the plan, or of any health insurance coverage offered in connection with the plan, which prohibits, restricts, or interferes with any medical communication as part of-- ``(i) a written contract or agreement with a participating provider of medical care, ``(ii) a written statement to a participating provider of medical care, or ``(iii) an oral communication to a participating provider of medical care. ``(B) The term `medical communication'-- ``(i) means any communication made by the provider of medical care-- ``(I) regarding the mental or physical health care needs or treatment of a patient and the provisions, terms, or requirements of the group health plan or health insurance coverage or another plan or coverage relating to such needs or treatment, and ``(II) between the provider and a current, former, or prospective patient (or the guardian or legal representative of a patient), between the provider and any employee or representative of the plan or issuer, or between the provider and any employee or representative of any State or Federal authority with responsibility for the licensing or oversight with respect to the plan or issuer; and ``(ii) includes communications concerning-- ``(I) any tests, consultations, and treatment options, ``(II) any risks or benefits associated with such tests, consultations, and options, ``(III) variation among any providers of medical care and any institutions providing such services in experience, quality, or outcomes, ``(IV) the basis or standard for the decision of a managed care group health plan, or a health insurance issuer offering health insurance coverage in connection with such a plan, to authorize or deny particular benefits consisting of medical care, ``(V) the process used by the plan or issuer to determine whether to authorize or deny particular benefits consisting of medical care, and ``(VI) any financial incentives or disincentives provided by the plan or issuer to a provider of medical care that are based on service utilization. ``(C) For purposes of this paragraph, the provisions of subsection (c)(6)(B) apply in the same manner and to the same extent as they apply for purposes of subsection (c)(6), and the provisions of section 733 apply in the same manner and to the same extent as they apply for purposes of part 7.''. SEC. 3. EXCISE TAX FOR COST-DRIVEN VIOLATIONS OF PLAN TERMS. (a) In General.--Chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter B--Failure To Provide Health Benefits Due to Improper Cost-Driven Delivery Policy Decisions ``Sec. 9811. Failure to provide health benefits due to improper cost- driven delivery policy decisions. ``SEC. 9811. FAILURE TO PROVIDE HEALTH BENEFITS DUE TO IMPROPER COST- DRIVEN DELIVERY POLICY DECISIONS. ``(a) General Rule.--In the case of a group health coverage to which this section applies, there is a failure to meet the requirements of this chapter if-- ``(1) the provider of such coverage fails to provide any benefit in accordance with the terms of the coverage, and ``(2) such failure occurs pursuant to a clinically or medically inappropriate decision or determination resulting from the application of-- ``(A) any cost containment technique, ``(B) any utilization review directed at cost containment, or ``(C) any other medical care delivery policy decision which restricts the ability of providers of medical care from utilizing their full discretion for treatment of patients. ``(b) Health Coverage Providers to Which Section Applies.--This section shall apply to any group health coverage which is provided under managed care. ``(c) Definitions.--For purposes of this section-- ``(1) Group health coverage.--The term `group health coverage' means-- ``(A) coverage under any group health plan, and ``(B) health insurance coverage provided by a health insurance issuer. ``(2) Managed care.--Group health coverage is provided under managed care if-- ``(A) such coverage is provided primarily through participating providers of medical care, or ``(B) the provider of such coverage provides financial incentives (such as variable copayments and deductibles) to induce participants and beneficiaries to obtain the benefits primarily through participating providers of medical care, or both. ``(3) Provider.--The term `provider' means-- ``(A) the group health plan in the case of coverage described in paragraph (2)(A), and ``(B) the health insurance issuer in the case of coverage described in paragraph (2)(B). ``(4) Other definitions.--The terms `group health plan', `health insurance coverage', and `health insurance issuer' have the respective meanings given such terms by section 9805.''. (b) Conforming Amendments.-- (1) Subtitle K of such Code is amended by striking all that precedes section 9801 and inserting the following: ``Subtitle K--Group Health Plan Requirements ``Chapter 100. Group health plan requirements. ``CHAPTER 100--GROUP HEALTH PLAN REQUIREMENTS ``Subchapter A. Requirements relating to portability, access, and renewability. ``Subchapter B. Failure to provide health benefits due to improper cost- driven delivery policy decisions.'' (2) The table of subtitles for such Code is amended by striking the item relating to subtitle K and inserting the following new item: ``Subtitle K. Group health plan requirements.'' SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to plan years beginning after on or after January 1, 1998.", "summary": "Managed Care Plan Accountability Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code (IRC) with respect to accountability for violations of requirements for managed care group health plans, especially failure to provide health benefits due to improper cost-driven delivery policy decisions. Imposes joint and several liability for actual (including compensatory and consequential) damages, and, in the court's discretion, for punitive damages, on a group health plan, or a plan health insurance issuer, for failure to provide a benefit in accordance with plan terms, insofar as such failure occurs pursuant to a clinically or medically inappropriate decision or determination resulting from application of any cost containment technique, related utilization review, or any other medical care delivery policy decision which restricts the ability of medical care providers to use their full discretion for treatment of patients. Provides for an action for damages in either a State or Federal court. Requires managed care group health plans to provide for full indemnification of medical care providers bound by plan restrictions for any liability incurred for such a failure if it is the direct result of a plan restriction on medical communications. Amends the IRC to establish an excise tax for such cost-driven violations of plan terms."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Hours of Service Act of 2010''. SEC. 2. REDESIGNATIONS. Chapter 211 of title 49, United States Code, is amended by redesignating sections 21101 through 21109 as sections 21102 through 21110, respectively. SEC. 3. PURPOSE. Chapter 211 of title 49, United States Code, is further amended by inserting before section 21102 (as so redesignated by section 2 of this Act) the following: ``Sec. 21101. Purpose ``Railroad employees covered by this chapter shall be provided predictable and defined work and rest periods.''. SEC. 4. DEFINITIONS. Section 21102 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in paragraph (5), by inserting ``and yardmaster employee'' before the period; and (2) by adding at the end the following: ``(6) `yardmaster employee' means an employee who supervises and coordinates the activities of workers engaged in railroad traffic operations, including making up or breaking up trains and switching inbound or outbound traffic.''. SEC. 5. NONAPPLICATION, EXEMPTION, AND ALTERNATE HOURS OF SERVICE REGIME. Section 21103(c) (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code is amended-- (1) in paragraph (1)(A), by striking ``21109(b)'' and inserting ``21110(b)''; (2) in paragraph (3), by striking ``21109(b)'' and inserting ``21110(b)''; (3) by striking subparagraph (C) of paragraph (4); (4) by redesignating subparagraph (D) of paragraph (4) as subparagraph (B); and (5) by striking ``new section 21103'' each place it appears and inserting ``section 21104''. SEC. 6. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOYEES. Section 21104 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3)-- (i) by striking ``remain or go on duty unless'' and inserting ``initiate an on duty period unless''; and (ii) by striking ``during the prior 24 hours; or'' and inserting ``immediately prior to going on duty; or''; (B) in paragraph (4)(A)-- (i) in clause (i), by striking ``work'' and inserting ``initiate an on duty period''; and (ii) in clause (ii), by striking ``works'' and inserting ``initiates an on duty period on''; and (C) in the matter after paragraph (4) by inserting ``For purposes of paragraph (4)(A) and (B), within 12 months after the date of enactment of the Railroad Hours of Service Act of 2010, the Secretary shall prescribe regulations to require all deadhead transportation in excess of a specific number of hours to be counted as time on duty and shall reset the calendar day clock.'' before ``The Secretary may waive''; (2) in subsection (b)(7), by striking ``when the employee is prevented'' and all that follows through ``employee left the designated terminal.'' and inserting ``. A train employee shall be notified before going off duty whether such period off duty is an interim release.''; and (3) in subsection (c)(1)-- (A) in subparagraph (A)(ii), by striking ``and'' at the end; (B) in subparagraph (B)(ii), by striking ``21109.'' and inserting ``21110; and''; and (C) by adding at the end the following new subparagraph: ``(C) to exceed 2 hours in deadhead transportation per each tour of duty.''. SEC. 7. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOYEES. Section 21105 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in subsection (b)(2), by inserting ``, including all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits,'' before ``is time on duty''; (2) in subsection (e), by adding at the end the following: ``Signal employees operating motor vehicles requiring a commercial driver's license while on duty shall be considered covered service.''; and (3) by adding at the end the following new subsection: ``(f) Safety-Critical Devices or Circuits.--Time on duty shall include all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits.''. SEC. 8. LIMITATIONS ON DUTY HOURS OF DISPATCHING SERVICE EMPLOYEES AND YARDMASTER EMPLOYEES. Section 21106 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in the section heading by inserting ``and yardmaster employees'' after ``service employees''; (2) in subsection (a)-- (A) by striking ``21103 or 21104'' and inserting ``21104 or 21105''; and (B) by inserting ``or yardmaster employee'' after ``service employee''; (3) in subsection (b), by inserting ``or yardmaster employee'' after ``a dispatching service employee''; (4) in subsection (c), by adding at the end the following: ``All commingle service involving yardmaster service and dispatcher service mixing with freight service shall be covered under the provisions of section 21104.''; and (5) in subsection (d), by inserting ``or yardmaster employee'' after ``dispatching service employee''. SEC. 9. CLERICAL AMENDMENT. Chapter 211 of title 49, United States Code, is further amended by amending the table of sections at the beginning of the chapter to read as follows: ``Sec. ``21101. Purpose. ``21102. Definitions. ``21103. Nonapplication, exemption, and alternate hours of service regime. ``21104. Limitations on duty hours of train employees. ``21105. Limitations on duty hours of signal employees. ``21106. Limitations on duty hours of dispatching service employees and yardmaster employees. ``21107. Limitations on employee sleeping quarters. ``21108. Maximum duty hours and subjects of collective bargaining. ``21109. Pilot projects. ``21110. Regulatory authority.''.", "summary": "Railroad Hours of Service Act of 2010 - Extends railroad hours of services requirements and limitations to cover yardmaster employees who supervise and coordinate the activities of workers engaged in railroad traffic operations, including making up or breaking up trains and switching inbound or outbound traffic. Revises the prohibition against a railroad carrier's requiring or allowing a train employee to remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours. Prohibits requiring or allowing an employee (including a yardmaster employee) from initiating an on duty period unless the employee has had at least 10 consecutive hours off duty immediately prior to going on duty. Directs the Secretary of Transportation (DOT) to prescribe regulations to: (1) require all deadhead transportation in excess of a specific number of hours to be counted as time on duty; and (2) reset the calendar day clock. Revises the rule that an interim period available for at least 4 hours rest at a place with suitable facilities for food and lodging is not time on duty. Repeals the current list of causes for prevention of a return to duty. Requires a train employee to be notified before going off duty whether such period off duty is an interim release. Prohibits a railroad carrier from requiring or allowing an employee to exceed 2 hours in deadhead transportation per each tour of duty. Revises the limitations on the duty hours of signal employees. Specifies that time on duty spent performing any service for the railroad carrier during a 24-hour period in which the employee is engaged in installing, repairing, or maintaining signal systems includes all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits. Treats as service covered by hours of duty limitations the operation by signal employees of motor vehicles requiring a commercial driver's license while on duty. Extends to yardmaster employees certain limitations on the duty hours of dispatching service employees. Declares that all commingle service involving yardmaster service and dispatcher service mixing with freight service shall be covered by the limitations on the duty hours of signal employees. Extends to yardmaster employees, when an emergency exists, the same limitation (to not more than 4 additional hours during a period of 24 consecutive hours for not more than 3 days during a period of 7 consecutive days) that applies to the hours of dispatching service employees in an emergency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Uranium Mining Modernization Act''. SEC. 2. FEDERAL LANDS URANIUM LEASING. The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following new section: ``SEC. 44. LEASING OF LANDS FOR URANIUM MINING. ``(a) In General.-- ``(1) Withdrawal from entry; leasing requirement.-- Effective upon the date of enactment of this section, all Federal lands are hereby permanently withdrawn from location and entry under section 2319 of the Revised Statutes (30 U.S.C. 22 et seq.) for uranium. After the end of the 2-year period beginning on such date of enactment, no uranium may be produced from Federal lands except pursuant to a lease issued under this Act. ``(2) Leasing.--The Secretary-- ``(A) may divide any lands subject to this Act that are not withdrawn from mineral leasing and that are otherwise available for uranium leasing under applicable law, including lands available under the terms of land use plans prepared by the Federal agency managing the land, into leasing tracts of such size as the Secretary finds appropriate and in the public interest; and ``(B) thereafter shall, in the Secretary's discretion, upon the request of any qualified applicant or on the Secretary's own motion, from time to time, offer such lands for uranium leasing and award uranium leases thereon by competitive bidding. ``(b) Fair Market Value Required.-- ``(1) In general.--No bid for a uranium lease shall be accepted that is less than the fair market value, as determined by the Secretary, of the uranium subject to the lease. ``(2) Public comment.--Prior to the Secretary's determination of the fair market value of the uranium subject to the lease, the Secretary shall give opportunity for and consideration to public comments on the fair market value. ``(3) Disclosure not required.--Nothing in this section shall be construed to require the Secretary to make public the Secretary's judgment as to the fair market value of the uranium to be leased, or the comments the Secretary receives thereon prior to the issuance of the lease. ``(c) Lands Under the Jurisdiction of Other Agencies.--Leases covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only-- ``(1) upon consent of the head of the other Federal agency; and ``(2) upon such conditions the head of such other Federal agency may prescribe with respect to the use and protection of the nonmineral interests in those lands. ``(d) Consideration of Effects of Mining.--Before issuing any uranium lease, the Secretary shall consider effects that mining under the proposed lease might have on an impacted community or area, including impacts on the environment, on agricultural, on cultural resources, and other economic activities, and on public services. ``(e) Notice of Proposed Lease.--No lease sale shall be held for lands until after a notice of the proposed offering for lease has been given once a week for three consecutive weeks in a newspaper of general circulation in the county in which the lands are situated, or in electronic format, in accordance with regulations prescribed by the Secretary. ``(f) Auction Requirements.--All lands to be leased under this section shall be leased to the highest responsible qualified bidder-- ``(1) under general regulations; ``(2) in units of not more than 2,560 acres that are as nearly compact as possible; and ``(3) by oral bidding. ``(g) Required Payments.-- ``(1) In general.--A lease under this section shall be conditioned upon the payment by the lessee of-- ``(A) a royalty at a rate of not less than 12.5 percent in amount or value of the production removed or sold under the lease; and ``(B) a rental of-- ``(i) not less than $2.50 per acre per year for the first through fifth years of the lease; and ``(ii) not less than $3 per acre per year for each year thereafter. ``(2) Use of revenues.--Amounts received as revenues under this subsection with respect to a lease may be used by the Secretary of the Interior, subject to the availability of appropriations, for cleaning up uranium mill tailings and reclaiming abandoned uranium mines on Federal lands in accordance with the priorities and eligibility restrictions, respectively, under subsections (c) and (d) of section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a). ``(h) Lease Term.--A lease under this section-- ``(1) shall be effective for a primary term of 10 years; and ``(2) shall continue in effect after such primary term for so long is as uranium is produced under the lease in paying quantities. ``(i) Exploration Licenses.-- ``(1) In general.--The Secretary may, under such regulations as the Secretary may prescribe, issue to any person an exploration license. No person may conduct uranium exploration for commercial purposes on lands subject to this Act without such an exploration license. Each exploration license shall be for a term of not more than two years and shall be subject to a reasonable fee. An exploration license shall confer no right to a lease under this Act. The issuance of exploration licenses shall not preclude the Secretary from issuing uranium leases at such times and locations and to such persons as the Secretary deems appropriate. No exploration license may be issued for any land on which a uranium lease has been issued. A separate exploration license shall be required for exploration in each State. An application for an exploration license shall identify general areas and probable methods of exploration. Each exploration license shall be limited to specific geographic areas in each State as determined by the Secretary, and shall contain such reasonable conditions as the Secretary may require, including conditions to ensure the protection of the environment, and shall be subject to all applicable Federal, State, and local laws and regulations. Upon violation of any such conditions or laws the Secretary may revoke the exploration license. ``(2) Limitations.--A licensee may not cause substantial disturbance to the natural land surface. A licensee may not remove any uranium for sale but may remove a reasonable amount of uranium from the lands subject to this Act included under the Secretary's license for analysis and study. A licensee must comply with all applicable rules and regulations of the Federal agency having jurisdiction over the surface of the lands subject to this Act. Exploration licenses covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only upon such conditions as it may prescribe with respect to the use and protection of the nonmineral interests in those lands. ``(3) Sharing of data.--The licensee shall furnish to the Secretary copies of all data (including geological, geophysical, and core drilling analyses) obtained during such exploration. The Secretary shall maintain the confidentiality of all data so obtained until after the areas involved have been leased or until such time as the Secretary determines that making the data available to the public would not damage the competitive position of the licensee, whichever comes first. ``(4) Exploration without a license.--Any person who willfully conducts uranium exploration for commercial purposes on lands subject to this Act without an exploration license issued under this subsection shall be subject to a fine of not more than $1,000 for each day of violation. All data collected by such person on any Federal lands as a result of such violation shall be made immediately available to the Secretary, who shall make the data available to the public as soon as it is practicable. No penalty under this subsection shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. ``(j) Conversion of Mining Claims to Mineral Leases.-- ``(1) In general.--The owner of any mining claim (in this subsection referred to as a `claimant') located prior to the date of enactment of this section may, within two years after such date, apply to the Secretary of the Interior to convert the claim to a lease under this section. The Secretary shall issue a uranium lease under this section to the claimant upon a demonstration by the claimant, to the satisfaction of the Secretary, within one year after the date of the application to the Secretary, that the claim was, as of such date of enactment, supported by the discovery of a valuable deposit of uranium on the claimed land. The holder of a lease issued upon conversion from a mining claim under this subsection shall be subject to all the requirements of this section governing uranium leases, except that the holder shall pay a royalty of 6.25 percent on the value of the uranium produced under the lease, until beginning ten years after the date the claim is converted to a lease. ``(2) Other claims extinguished.--All mining claims located for uranium on Federal lands whose claimant does not apply to the Secretary for conversion to a lease, or whose claimant cannot make such a demonstration of discovery, shall become null and void by operation of law three years after such date of enactment.''.", "summary": "Uranium Mining Modernization Act - Amends the Mineral Leasing Act to: (1) withdraw all fedral lands permanently from location and entry for uranium; and (2) prescribe a uranium leasing program for such lands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Back and Spinal Therapy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) One in five members of the Armed Forces who were wounded and evacuated from Afghanistan during the summer and early fall of 2009 suffered a spinal injury, and at least 14 of such members were left paralyzed or with loss of sensation. (2) In Afghanistan, members of the Armed Forces routinely carry up to 33 percent more than the suggested maximum weight and up to nearly 75 percent of a member's own body weight-- routinely hefting combat gear that can exceed 120 pounds, causing large numbers of spinal, back, and musculoskeletal injuries and pain. (3) The use of massive improvised explosive devices by insurgents against heavily armed mine resistant ambush protected vehicles has significantly increased the number of spinal, back, and musculoskeletal injuries and pain. (4) Advances in both body armor protection and medical treatment have drastically decreased the number of deaths among deployed members of the Armed Forces, but there has been an increase in the number of members with spinal, back, and musculoskeletal injuries and long-term pain. (5) Members of the Armed Forces returning from Iraq are more likely to suffer lingering, debilitating injuries from back and musculoskeletal pain than from battle wounds, according to statistics compiled by the Secretary of Veterans Affairs. (6) Diagnoses of ruptured spinal discs, compressed discs, degenerative disc disease, and myofascial pain syndrome are common in members of the Armed Forces returning from Afghanistan and Iraq. (7) Spinal and back injuries are the most expensive musculoskeletal disorder to treat. (8) Certain facilities of the Department of Veterans Affairs offer outstanding non-invasive technologies for treating spinal, back, and musculoskeletal injuries as well as any accompanying mental health issues. (9) Traditional medical approaches to spinal, back, and musculoskeletal injuries typically involve a combination of long-term medication, surgery, and short-term physical therapy. (10) Using non-invasive techniques to treat veterans with spinal, back, and musculoskeletal injuries can improve the health outcomes for such veterans and drastically reduce the long-term costs of care for such veterans by breaking the cycle of expensive surgery followed by long-term pain medication that often leads to addiction, depression, anxiety, and weight gain. (11) Non-invasive techniques that are not widely available in medical facilities of the Department of Veterans Affairs, including manual physical therapy, core strengthening and stabilization therapy, water exercise therapy, group exercise therapy, and pain management therapy, should be evaluated in an evidence-based medicine framework to assess their effectiveness. SEC. 3. PILOT PROGRAM TO PROVIDE VETERANS WITH NON-INVASIVE TECHNIQUES FOR SPINAL, BACK, AND MUSCULOSKELETAL INJURIES. (a) Establishment.--The Secretary of Veterans Affairs shall establish a pilot program to-- (1) provide covered veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain; and (2) use an evidence-based medicine framework to assess the effectiveness of such non-invasive techniques. (b) Scope.-- (1) Size.--The pilot program shall include a representative sample of covered veterans that is of sufficient size for the Secretary to determine-- (A) the effectiveness and feasibility of providing veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain; and (B) the unique considerations that exist with respect to providing such treatment-- (i) to female veterans; (ii) to veterans of various ages; and (iii) to veterans located in various regions of the United States, including both urban and rural locations. (2) Preference.--In selecting covered veterans to participate in the pilot program, the Secretary shall give preference to covered veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn. (c) Administration.--In administering the pilot program, the Secretary shall-- (1) determine the type of non-invasive technique to provide to a covered veteran; (2) determine the effect of allowing self-referral by a veteran to receive non-invasive techniques compared with requiring a veteran to receive a referral from a physician for non-invasive techniques; and (3) ensure the use of telehealth technology to provide covered veterans who reside in rural locations (as determined by the Secretary) with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain. (d) Partnership.-- (1) University.--In administering the pilot program, the Secretary shall seek to enter into an agreement with a university affiliated with the Department of Veterans Affairs to carry out the pilot program. (2) Selection.--In entering into an agreement with a university under paragraph (1), the Secretary shall ensure that the individuals who treat covered veterans with non-invasive techniques for spinal, back, and musculoskeletal injuries and pain-- (A) are trained to-- (i) effectively treat such veterans; and (ii) recognize the unique experiences of such veterans, including experiences related to serving in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn; and (B) use best practices and technologies with respect to the non-invasive technique being used to treat such veterans. (e) Duration.--The pilot program shall begin not later than March 1, 2011, and shall continue for two years. (f) Reports.-- (1) Initial report.--Not later than June 1, 2012, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on the pilot program, including-- (A) an analysis of the effectiveness and cost- effectiveness of each non-invasive technique provided under the pilot program; (B) an analysis of how the Secretary would incorporate non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain at medical facilities of the Department of Veterans Affairs; (C) the amount of cost-savings, if any, created by providing veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain; (D) a comparison of the non-invasive techniques provided under the pilot program with other methods used by the Secretary to treat spinal, back, and musculoskeletal injuries and pain; and (E) recommendations of the Secretary with respect to-- (i) continuing or expanding the pilot program; and (ii) any legislation or other actions to improve treating veterans with spinal, back, and musculoskeletal injuries and pain. (2) Final report.--Not later than June 1, 2013, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report containing updated information to the report submitted under paragraph (1). (g) Definitions.--In this section: (1) The term ``covered veteran'' means a veteran who-- (A) has a service-connected spinal, back, or musculoskeletal injury; or (B) is eligible for hospital care, medical services, and nursing home care by virtue of section 1710(e)(1)(D) of title 38, United States Code. (2) The term ``non-invasive techniques'' means methods of treatment for spinal, back, and musculoskeletal injuries and pain other than surgery, including-- (A) manual physical therapy, core strengthening and stabilization therapy, water exercise therapy, group exercise therapy, and pain management therapy; (B) such methods (including recreational therapy) used by the War Related Illness and Injury Study Center of the Department of Veterans Affairs located in Palo Alto, California, and the mindfulness based stress reduction program of the Puget Sound Health Care System of the Department of Veterans Affairs that the Secretary determines to have been successful; and (C) such other methods not widely available in medical facilities of the Department of Veterans Affairs.", "summary": "Veterans Back and Spinal Therapy Act - Directs the Secretary of Veterans Affairs (VA) to establish a two-year pilot program to: (1) provide covered veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain; and (2) use an evidence-based medicine framework to assess the effectiveness of such techniques. Includes as a covered veteran one who: (1) has a service-connected spinal, back, or musculoskeletal injury; or (2) is eligible for VA hospital or nursing home care or medical services by reason of active duty in a theater of combat operations during a period of war after the Persian Gulf War. Requires the Secretary, in selecting program participants, to give a preference to veterans who served in Operations Enduring Freedom, Iraqi Freedom, or New Dawn."}
{"article": "SECTION 1. DIRECT SALE OF EXCESS PROPERTY. (a) Amendment of Title 18, United States Code.-- (1) In general.--Chapter 307 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 4130. Direct sale of excess property ``Notwithstanding any other law, Federal Prison Industries may sell on the open market at the best available price such excess or obsolescent property as Federal Prison Industries deems appropriate, the proceeds of such sales to be deposited in the Treasury to the credit of the Prison Industries Fund.''. (2) Technical amendment.--The chapter analysis for chapter 307 of title 18, United States Code, is amended by adding at the end the following new item: ``4130. Direct sale of excess property.''. (b) Amendment of the Federal Property and Administrative Services Act.--Section 602 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 474) is amended-- (1) by striking ``or'' at the end of paragraph (20); (2) by striking the period at the end of paragraph (21) and inserting ``; or''; and (3) by adding after paragraph (21) the following new paragraph: ``(22) Federal Prison Industries with respect to the disposal of property described in section 4130 of title 18, United States Code.''. (c) Transportation and Importation.--Section 1761(b) of title 18, United States Code, is amended by inserting ``, nor to property described in section 4130'' before the period. SEC. 2. PRISON INDUSTRIES FUND; USE AND SETTLEMENT OF ACCOUNTS. Section 4126 of title 18, United States Code, is amended-- (1) by amending subsection (a) to read as follows: ``(a) Federal Prison Industries shall determine the character of and necessity for its obligations and expenditures, and the manner in which they shall be incurred, allowed, and paid, subject to laws specifically applicable to government corporations.''; (2) by striking subsections (d) and (e); and (3) by redesignating subsection (f) as subsection (d). SEC. 3. ADMINISTRATION OF FEDERAL PRISON INDUSTRIES. Section 4122(a) of title 18, United States Code, is amended to read as follows: ``(a)(1) As authorized by this chapter, Federal Prison Industries shall determine in what manner and to what extent industrial operations shall be carried on in Federal penal and correctional institutions for the production of commodities and services. ``(2) Commodities and services produced by Federal Prison Industries shall be sold at current market prices and shall conform to design, quality, and testing standards of the Federal Government and the relevant private industry.''. SEC. 4. PRODUCTION AND ACQUISITION OF PRISON-MADE PRODUCTS, PROCESSES AND SERVICES. (a) In General.--Section 4124 of title 18, United States Code, is amended-- (1) by striking ``(b) Disputes'' and inserting ``(f) Disputes.--Disputes''; (2) by striking ``(c) Each'' and inserting ``(g) Reporting of Acquisitions.--Each''; (3) by striking ``(d) Within'' and inserting ``(h) Catalog.--Within''; and (4) by striking the heading and subsection (a) and inserting the following: ``Sec. 4124. Production and acquisition of prison-made products, processes, and services ``(a) Relationship Between Federal Prison Industries and Government Institutions.--The Federal departments and agencies and all other Government institutions of the United States shall-- ``(1) purchase from Federal Prison Industries such products, processes, or services of the industries authorized by this chapter as meet their requirements and may be available, except that if Federal Prison Industries and the workshops for the blind or other severely handicapped each offer competitive services, priority shall be afforded to services offered by the workshops; and ``(2) provide to Federal Prison Industries the maximum practicable opportunity to participate as a subcontractor in labor-intensive, light manufacturing segments of contracts awarded, consistent with efficient contract performance. ``(b) Production of Products, Processes, and Services Otherwise Produced Offshore.--(1) Notwithstanding any other law and subject to the limitations stated in this subsection, Federal Prison Industries may produce or provide for sale on the open market processes, products, and services that would otherwise be produced by foreign labor at offshore locations. ``(2) Federal Prison Industries may enter into agreements with private industry in order to carry out this section. ``(3) The board of directors of Federal Prison Industries shall certify that processes, products, or services undertaken under this section-- ``(A) are labor-intensive and limited to levels that replace goods and services produced by offshore labor; and ``(B) do not significantly increase competition with any remaining domestic labor or industry. ``(c) Recycling of Materials for Sale on the Open Market.-- Notwithstanding any other law, Federal Prison Industries may produce and provide for sale on the open market recycled materials directly or in partnership with private sector firms. ``(d) Flood or Other Disaster Relief Activities.--Notwithstanding any other law, Federal Prison Industries may produce or provide goods and services for sale or donation on the open market to private, nonprofit organizations chartered by Congress to assist in flood or other disaster relief programs or activities. ``(e) Exemptions From Requirements of Other Laws.--(1)(A) Items sold on the open market pursuant to the authority granted in this chapter are exempt from the prohibition against shipment in commerce of prison-made goods contained in section 1761. ``(B) Inmates who work on the production of products or processes or provide services under this section are exempt from the minimum wage requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). ``(2) Section 4122(b) (4) and (5) do not apply with respect to production undertaken pursuant to subsection (b) or (c).''. (b) Technical Amendment.--The chapter analysis for chapter 307 of title 18, United States Code, is amended by striking the item relating to section 4124 and inserting the following: ``4124. Production and acquisition of prison-made products, processes, and services.''. SEC. 5. PROCUREMENT. (a) In General.--Chapter 307 of title 18, United States Code, as amended by section 1(a), is amended by adding at the end the following new section: ``Sec. 4131. Procurement ``(a) In General.--Funds available to Federal Prison Industries may be used to enter into contracts directly related to the purchase of goods for industrial operations authorized under this chapter without regard to laws governing procurement by Federal agencies. ``(b) Rule of Construction.--Nothing in this section shall be construed to affect any requirement of law to purchase commodities and services produced or provided by qualified nonprofit agencies for the blind and other severely handicapped. ``(c) Procedures.--The board of directors of Federal Prison Industries shall establish procedures to ensure that any such procurements are conducted in a manner that promotes competition consistent with the needs of the Corporation.''. (b) Technical Amendment.--The chapter analysis for chapter 307 of title 18, United States Code, is amended by adding at the end the following new item: ``4131. Procurement.''.", "summary": "Amends the Federal criminal code to authorize Federal Prison Industries (FPI) to sell excess or obsolescent property on the open market at the best available price, with the proceeds of such sales to be deposited to the Prison Industries Fund. Requires FPI to determine the character of and necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, subject to laws applicable to Government corporations. (Current law requires FPI to deposit all of its monies into the Fund.) Requires commodities and services produced by FPI to be sold at current market prices and to conform to Federal and relevant private industry design, quality, and testing standards. Accords services of the workshops for the handicapped priority for Federal purchasing over those offered by FPI if both entities offer competitive services. Requires Federal agencies to provide to FPI the maximum opportunity to participate as a subcontractor in labor-intensive, light manufacturing segments of awarded contracts. Authorizes FPI to: (1) produce or provide for sale on the open market processes, products, and services that would otherwise be produced by foreign labor at offshore locations; and (2) enter into agreements with private industry for such purposes. Requires FPI to certify that such products, processes, or services: (1) are labor-intensive and limited to levels that replace goods and services produced by offshore labor; and (2) do not significantly increase competition with any remaining domestic labor or industry. Authorizes FPI to: (1) produce and provide recycled materials for sale on the open market; and (2) produce or provide goods and services for sale or donation on the open market to private, nonprofit organizations to assist in disaster relief. Exempts: (1) items sold on the open market pursuant to this Act from the prohibition against shipment in commerce of prison-made goods; and (2) inmates who work on the production of products or services from the minimum wage requirements of the Fair Labor Standards Act of 1938. Authorizes FPI funds to be used to enter into contracts related to the purchase of goods for industrial operations without regard to laws governing procurement by Federal agencies."}
{"article": "SECTION 1. LEGAL ASSISTANCE FOR FINANCIALLY NEEDY VETERANS IN CONNECTION WITH COURT OF VETERANS APPEALS PROCEEDINGS. (a) In General.--(1) Subchapter III of chapter 72 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 7287. Legal assistance for certain veterans in Court proceedings; use of funds for assistance ``(a)(1) The Court may, in accordance with this section, provide funds (in advance or by way of reimbursement) to nonprofit organizations, under such terms and conditions consistent with this section as the Court considers appropriate, in order to permit such organizations to provide financial assistance by grant or contract to such legal assistance entities as the organizations consider appropriate for purposes of permitting such entities to carry out programs described in subsection (b). ``(2) Notwithstanding any other provision of law, if the Court determines that there exists no nonprofit organization that would be an appropriate recipient of funds under this section for the purposes referred to in paragraph (1) and that it is consistent with the mission of the Court, the Court may provide financial assistance, by grant or contract, directly to such legal assistance entities as the Court considers appropriate for purposes of permitting such entities to carry out programs described in subsection (b). ``(b)(1) A program referred to in subsection (a) is any program under which a legal assistance entity utilizes financial assistance under this section to provide assistance or carry out activities (including assistance, services, or activities referred to in paragraph (3)) in order to ensure that individuals described in paragraph (2) receive, without charge, legal assistance in connection with decisions to which section 7252(a) of this title may apply or with other proceedings before the Court. ``(2) An individual referred to in paragraph (1) is any veteran or other person who-- ``(A) is or seeks to be a party to an action before the Court; and ``(B) cannot, as determined by the Court or the entity concerned, afford the costs of legal advice and representation in connection with that action. ``(3) Assistance, services, and activities under a program described in this subsection may include the following for individuals described in paragraph (2) in connection with proceedings before the Court: ``(A) Financial assistance to defray the expenses of legal advice or representation (other than payment of attorney fees) by attorneys, clinical law programs of law schools, and veterans service organizations. ``(B) Case screening and referral services for purposes of referring cases to pro bono attorneys and such programs and organizations. ``(C) Education and training of attorneys and other legal personnel who may appear before the Court by attorneys and such programs and organizations. ``(D) Encouragement and facilitation of the pro bono representation by attorneys and such programs and organizations. ``(4) A legal assistance entity that receives financial assistance described in subsection (a) to carry out a program under this subsection shall make such contributions (including in-kind contributions) to the program as the nonprofit organization or the Court, as the case may be, shall specify when providing the assistance. ``(5) A legal assistance entity that receives financial assistance under subsection (a) to carry out a program described in this subsection may not require or request the payment of a charge or fee in connection with the program by or on behalf of any individual described in paragraph (2). ``(c)(1) The Court may, out of the funds appropriated to the Court for such purpose, provide funds to a nonprofit organization described in subsection (a)(1), in advance or by way of reimbursement, to cover some or all of the administrative costs of the organization in providing financial assistance to legal assistance entities carrying out programs described in subsection (b). ``(2) Funds shall be provided under this subsection pursuant to a written agreement entered into by the Court and the nonprofit organization receiving the funds. ``(d) Notwithstanding any other provision of law, a nonprofit organization may-- ``(1) accept funds, in advance or by way of reimbursement, from the Court under subsection (a)(1) in order to provide the financial assistance referred to in that subsection; ``(2) provide financial assistance by grant or contract to legal assistance entities under this section for purposes of permitting such entities to carry out programs described in subsection (b); ``(3) administer any such grant or contract; and ``(4) accept funds, in advance or by way of reimbursement, from the Court under subsection (c) in order to cover the administrative costs referred to in that subsection. ``(e)(1) Not later than February 1 each year, the Court shall submit to Congress a report on the funds and financial assistance provided under this section during the preceding fiscal year. Based on the data provided the Court by entities receiving such funds and assistance, each report shall-- ``(A) set forth the amount, if any, of funds provided to nonprofit organizations under paragraph (1) of subsection (a) during the fiscal year covered by the report; ``(B) set forth the amount, if any, of financial assistance provided to legal assistance entities pursuant to paragraph (1) of subsection (a) or under paragraph (2) of that subsection during that fiscal year; ``(C) set forth the amount, if any, of funds provided to nonprofit organizations under subsection (c) during that fiscal year; and ``(D) describe the programs carried out under this section during that fiscal year. ``(2) The Court may require that the nonprofit organization and legal assistance entities to which funds or financial assistance are provided under this section provide the Court with such data on the programs carried out under this section as the Court determines necessary to prepare a report under this subsection. ``(g) For the purposes of this section: ``(1) The term `legal assistance entity' means a not-for- profit organization or veterans service organization capable of providing legal assistance to persons with respect to matters before the Court. ``(2) The term `Legal Services Corporation' means the corporation established under section 1003(a) of the Legal Services Corporation Act (42 U.S.C. 2996b(a)). ``(3) The term `nonprofit organization' means the Legal Services Corporation or any other similar not-for-profit organization that is involved with the provision of legal assistance to persons unable to afford such assistance. ``(4) The term `veterans service organization' means an organization referred to in section 5902(a)(1) of this title, including an organization approved by the Secretary under that section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7286 the following new item: ``7287. Legal assistance for financially needy veterans in Court proceedings; use of funds for assistance.''.", "summary": "Authorizes the United States Court of Veterans Appeals to provide funds to nonprofit organizations to permit such organizations to provide financial assistance to legal assistance entities, which will in turn provide legal advice or representation to veterans before the Court who cannot afford the costs of such advice and representation. Outlines the legal services to be included as part of such advice and representation. Prohibits the legal assistance entity from also charging the individual a fee for such advice or representation. Provides administrative authority for nonprofit organizations to accept funds for the purposes of this Act. Directs the Court to report annually to the Congress on the funds and financial assistance provided under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Entrepreneur-in-Residence Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``agency'' means an Executive agency, as defined in section 105 of title 5, United States Code; (3) the term ``Director'' means the Director of the Office of Personnel Management; (4) the term ``entrepreneur-in-residence'' means an individual appointed to a position under the program; (5) the term ``program'' means the Federal entrepreneur-in- residence program established under section 3(a); and (6) the term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. FEDERAL ENTREPRENEUR-IN-RESIDENCE PROGRAM. (a) Program Established.--The Director, in consultation with the Administrator, shall establish a Federal entrepreneur-in-residence program under which the Director, with the concurrence of the head of an agency, may appoint an entrepreneur-in-residence to a position in the excepted service in the agency to carry out the duties described in subsection (d). (b) Mission of Program.--The mission of the program shall be to-- (1) provide for better outreach by the Federal Government to the private sector; (2) strengthen coordination and interaction between the Federal Government and the private sector on issues relevant to entrepreneurs and small business concerns; and (3) make Federal programs simpler, quicker, more efficient, and more responsive to the needs of small business concerns and entrepreneurs. (c) Appointments.-- (1) In general.--The Director-- (A) shall appoint entrepreneurs-in-residence under the program during each year; and (B) may not appoint more than 10 entrepreneurs-in- residence during any year. (2) Selection.--The Director shall select entrepreneurs-in- residence from among individuals who-- (A) are successful in their field; (B) have demonstrated success in working with small business concerns and entrepreneurs; or (C) have successfully developed, invented, or created a product and brought the product to the marketplace. (3) Placement.--In appointing entrepreneurs-in-residence, the Director shall-- (A) give priority to placing entrepreneurs-in- residence across the Federal Government at separate agencies; and (B) to the extent practicable, not appoint more than 2 entrepreneurs-in-residence to positions in the same agency during the same year. (4) Terms of appointment.--An entrepreneur-in-residence-- (A) shall be a full-time employee of the agency to which the entrepreneur-in-residence is appointed; and (B) may not serve as an entrepreneur-in-residence for more than a period of 2 years. (d) Duties.--An entrepreneur-in-residence shall-- (1) assist Federal agencies in improving outreach to small business concerns and entrepreneurs; (2) provide recommendations to the head of the agency employing the entrepreneur-in-residence on inefficient or duplicative programs, if any, at the agency; (3) provide recommendations to the head of the agency employing the entrepreneur-in-residence on methods to improve program efficiency at the agency or new initiatives, if any, that may be instituted at the agency; (4) facilitate meetings and forums to educate small business concerns and entrepreneurs on programs or initiatives of the agency employing the entrepreneur-in-residence; (5) facilitate in-service sessions with employees of the agency employing the entrepreneur-in-residence on issues of concern to entrepreneurs and small business concerns; and (6) provide technical assistance or mentorship to small business concerns and entrepreneurs in accessing programs at the agency employing the entrepreneur-in-residence. (e) Compensation.-- (1) In general.--The rate of basic pay for an entrepreneur- in-residence shall be equivalent to the rate of basic pay for a position at GS-13, GS-14, or GS-15 of the General Schedule, which shall be determined in accordance with regulations promulgated by the Director. (2) Promotion.--If an entrepreneur-in-residence with a rate of pay equivalent to the rate of basic pay for a position at GS-13 or GS-14 satisfactorily completes 1 year of service in position under this section, the entrepreneur-in-residence may receive an increase in the rate of basic pay to be equal to the rate of basic pay for a position 1 grade higher on the General Schedule than the initial rate of basic pay of the entrepreneur-in-residence. (f) Reporting.--An entrepreneur-in-residence shall report directly to the head of the agency employing the entrepreneur-in-residence. (g) Termination.--The Director may not appoint an entrepreneur-in- residence under this section after September 30, 2016.", "summary": "Federal Entrepreneur-in-Residence Act of 2012 - Directs the Director of the Office of Personnel Management (OPM) to establish an entrepreneur-in-residence program to appoint in-house entrepreneurs who have demonstrated success in working with small business concerns and entrepreneurs to: (1) assist federal agencies in improving outreach to small business concerns and entrepreneurs, (2) provide recommendations on inefficient or duplicative agency programs and on methods to improve agency efficiency, (3) facilitate meetings and forums to educate small business concerns and entrepreneurs on agency programs and initiatives, and (4) provide technical assistance or mentorship. Limits to 10 the number of entrepreneurs-in-residence that the Director may appoint in any year. Terminates such program after FY2016."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``School-Based Asthma Management Program Act''. SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW TRAINED SCHOOL PERSONNEL TO ADMINISTER EPINEPHRINE AND ASTHMA- RELATED RESCUE MEDICATIONS. Section 399L(d) of the Public Health Service Act (42 U.S.C. 280g(d)) is amended-- (1) in paragraph (1)-- (A) by amending subparagraph (F) to read as follows: ``(F) School personnel administration of epinephrine and asthma-related rescue medications.--In determining the preference (if any) to be given to a State under this subsection, the Secretary shall give additional preference to a State that provides to the Secretary the certification described in subparagraph (G) and that requires that each public elementary school and secondary school in the State-- ``(i) permits trained personnel of the school to administer epinephrine to any student of the school reasonably believed to be having an anaphylactic reaction; ``(ii) maintains a supply of epinephrine in a secure location that is easily accessible to trained personnel of the school for the purpose of administration to any student of the school reasonably believed to be having an anaphylactic reaction; ``(iii) permits trained personnel of the school to administer asthma-related rescue medication to any student of the school reasonably believed to have an asthma diagnosis; ``(iv) maintains a supply of asthma-related rescue medication and modes of delivery, such as spacers or nebulizers, in a secure location that is easily accessible to trained personnel of the school for the purpose of administration to any student of the school reasonably believed to have an asthma diagnosis; ``(v) has in place a plan for having on the premises of the school during all operating hours of the school a school nurse or one or more other individuals who are trained personnel of the school; and ``(vi) has in place under the direction of a school nurse a comprehensive school-based asthma management program that includes-- ``(I) a method to identify all students of such school with a diagnosis of asthma; ``(II) an individual student asthma action plan for each student of such school with a diagnosis of asthma; ``(III) asthma education for school staff who are directly responsible for students who have been identified as asthmatic, such as education regarding asthma basics, asthma management, trigger management, and comprehensive emergency responses to asthma attacks; ``(IV) asthma medication and emergency policies that are specific to the school; ``(V) efforts to reduce the presence of environmental triggers of asthma; and ``(VI) a system to support students with a diagnosis of asthma through coordination with family members of such students, primary care providers of such students, and others as necessary.''; and (B) in subparagraph (G), by inserting ``or asthma- related rescue medication to a student reasonably believed to have an asthma diagnosis,'' after ``epinephrine to a student reasonably believed to be having an anaphylactic reaction''; and (2) in paragraph (3)-- (A) in subparagraph (C)-- (i) by striking ``The term'' and inserting ``(i) The term''; and (ii) by adding at the end the following new clause: ``(ii) The term `asthma-related rescue medication' means short-acting bronchodilators, such as albuterol and levalbuterol.''; and (B) in subparagraph (E)-- (i) in the matter preceding clause (i), by inserting ``, such as the school nurse'' after ``individual''; (ii) in clause (i)-- (I) by inserting ``school nurse or'' before ``principal''; and (II) by inserting ``and asthma- related rescue medication'' after ``epinephrine''; (iii) in clause (ii), by inserting ``and asthma-related rescue medication'' after ``epinephrine''; and (iv) in clause (iii), by inserting ``and asthma-related rescue medication'' after ``epinephrine''.", "summary": "School-Based Asthma Management Program Act This bill amends the Public Health Service Act to add requirements that states must meet to receive a preference for asthma grants. (Currently, the preference is given to states that meet requirements regarding administration of epinephrine to students having severe allergic reactions.) To receive the preference, states must additionally: (1) provide civil liability protection to trained school personnel who administer asthma-related rescue medication to a student with asthma; and (2) require schools to permit trained school personnel to administer asthma-related rescue medication to students with asthma, maintain a supply of asthma-related rescue medication, and have a comprehensive asthma management program."}
{"article": "SECTION 1. RENEWABLE LIQUID FUELS EXCISE TAX CREDIT. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by inserting after section 6426 the following new section: ``SEC. 6426A. CREDIT FOR RENEWABLE LIQUID FUELS. ``(a) Allowance of Credits.--There shall be allowed as a credit against the tax imposed by section 4081 an amount equal to the renewable liquid mixture credit. ``(b) Renewable Liquid Mixture Credit.-- ``(1) In general.--For purposes of this section, the renewable liquid mixture credit is the product of the applicable amount and the number of gallons of renewable liquid used by the taxpayer in producing any renewable liquid mixture for sale or use in a trade or business of the taxpayer. ``(2) Applicable amount.--For purposes of this section, the applicable amount is $1.00. ``(3) Renewable liquid mixture.--For purposes of this section, the term `renewable liquid mixture' means a mixture of renewable liquid and taxable fuel which-- ``(A) is sold by the taxpayer producing such mixture to any person for use as a fuel or feedstock, or ``(B) is used as a fuel or feedstock by the taxpayer producing such mixture. For purposes of subparagraph (A), a mixture produced by any person at a refinery prior to a taxable event which includes renewable liquid shall be treated as sold at the time of its removal from the refinery (and only at such time) or sold to another person for use as a fuel or feedstock. ``(c) Other Definitions.--For purposes of this subsection: ``(1) Renewable liquid.--The term `renewable liquid' means liquid hydrocarbons derived from waste and byproduct streams including: agricultural byproducts and wastes, aqua-culture products produced from waste streams, food processing plant byproducts, municipal solid and semi-solid waste streams, industrial waste streams, automotive scrap waste streams, and as further provided by regulations. ``(2) Taxable fuel.--The term `taxable fuel' has the meaning given such term by section 4083(a)(1). ``(3) Feedstock.--The term `feedstock' means any precursor material subject to further processing to make a petrochemical, solvent, or other hydrocarbon which has the effect of displacing conventional crude oil, or products produced from conventional crude oil. ``(4) Additional definitions.--Any term used in this section which is also used in section 40B shall have the meaning given such term by section 40B. ``(d) Certification for Renewable Liquid Fuel.--No credit shall be allowed under this section unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the renewable liquid fuel, which identifies the product produced. ``(e) Mixture Not Used as Fuel, Etc.-- ``(1) Imposition of tax.--If-- ``(A) any credit was determined under this section with respect to renewable liquid used in the production of any renewable liquid mixture, and ``(B) any person-- ``(i) separates the renewable liquid from the mixture, or ``(ii) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the applicable amount and the number of gallons of such renewable liquid. ``(2) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under paragraph (1) as if such tax were imposed by section 4081 and not by this section. ``(f) Coordination With Exemption From Excise Tax.--Rules similar to the rules under section 40(c) shall apply for purposes of this section. ``(g) Termination.--This section shall not apply to any sale, use, or removal for any period after December 31, 2010.''. (b) Registration Requirement.--Section 4101(a)(1) of the Internal Revenue Code of 1986 (relating to registration) is amended by inserting ``and every person producing or importing renewable liquid as defined in section 6426A(c)(1)'' before ``shall register with the Secretary''. (c) Payments.--Section 6427 of the Internal Revenue Code of 1986 is amended by inserting after subsection (f) the following new subsection: ``(g) Renewable Liquid Used to Produce Mixture.-- ``(1) Used to produce a mixture.--If any person produces a mixture described in section 6426A in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the renewable liquid mixture credit with respect to such mixture. ``(2) Coordination with other repayment provisions.--No amount shall be payable under paragraph (1) with respect to any mixture with respect to which an amount is allowed as a credit under section 6426A. ``(3) Termination.--This subsection shall not apply with respect to any renewable liquid fuel mixture (as defined in section 6426A(b)(3) sold or used after December 31, 2010).''. (d) Conforming Amendment.--The last sentence of section 9503(b)(1) is amended by striking ``section 6426'' and inserting ``sections 6426 and 6426A''. (e) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6426 the following new item: ``Sec. 6426A. Credit for renewable liquid fuels.''. (f) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to fuel sold or used after December 31, 2005. (2) Registration requirement.--The amendment made by subsection (b) shall take effect on January 1, 2006. SEC. 2. RENEWABLE LIQUID INCOME TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 40A the following new section: ``SEC. 40B. RENEWABLE LIQUID USED AS FUEL. ``(a) General Rule.--For purposes of section 38, the renewable liquid credit determined under this section for the taxable year is an amount equal to the sum of-- ``(1) the renewable liquid mixture credit, plus ``(2) the renewable liquid credit. ``(b) Definition of Renewable Liquid Mixture Credit and Renewable Liquid Credit.--For purposes of this section-- ``(1) Renewable liquid mixture credit.-- ``(A) In general.--The renewable liquid mixture credit of any taxpayer for any taxable year is $1.00 for each gallon of renewable liquid fuel used by the taxpayer in the production of a qualified renewable liquid fuel mixture. ``(B) Qualified renewable liquid mixture.--The term `qualified renewable liquid mixture' means a mixture of renewable liquid and taxable fuel (as defined in section 4083(a)(1)), which-- ``(i) is sold by the taxpayer producing such a mixture to any person for use as a fuel or feedstock, or ``(ii) is used as a fuel or feedstock by the taxpayer producing such mixture. ``(C) Sale or use must be in trade or business, etc.--Renewable liquid used in the production of a qualified renewable liquid fuel mixture shall be taken into account-- ``(i) only if the sale or use described in subparagraph (B) is in a trade or business of the taxpayer, and ``(ii) for the taxable year in which such sale or use occurs. ``(2) Renewable liquid credit.-- ``(A) In general.--The renewable liquid credit of any taxpayer for any taxable year is $1.00 for each gallon of renewable liquid which is not in a mixture with taxable fuel and which during the taxable year-- ``(i) is used by the taxpayer as a fuel or feedstock in a trade or business, or ``(ii) is sold by the taxpayer at retail to a person and placed in the fuel tank of such person's vehicle. ``(B) User credit not to apply to renewable liquid sold at retail.--No credit shall be allowed under subparagraph (A)(i) with respect to any renewable liquid which was sold in a retail sale described in subparagraph (A)(ii). ``(c) Certification for Renewable Liquid.--No credit shall be allowed under this section unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer or importer of the renewable liquid fuel which identifies the product produced and percentage of renewable liquid fuel in the product. ``(d) Coordination With Credit Against Excise Tax.--The amount of the credit determined under this section with respect to any renewable liquid fuel shall be properly reduced to take into account any benefit provided with respect to such renewable liquid fuel solely by reason of the application of section 6426A or 6427(g). ``(e) Definitions and Special Rules.--For purposes of this section, the term `renewable liquid' means liquid hydrocarbons derived from waste and byproduct streams including: agricultural byproducts and wastes, agriculture materials produced from waste streams, food processing plant byproducts, municipal solid and semi-solid waste streams, industrial waste streams, automotive scrap waste streams, as further provided by regulations. ``(f) Mixture or Renewable Liquid Not Used as a Fuel, Etc.-- ``(1) Mixtures.--If-- ``(A) any credit was determined under this section with respect to renewable liquid used in the production of any qualified renewable liquid mixture, and ``(B) any person-- ``(i) separates the renewable liquid from the mixture, or ``(ii) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (b)(1)(A) and the number of gallons of such renewable liquid in such mixture. ``(2) Renewable liquid.--If-- ``(A) any credit was determined under this section with respect to the retail sale of any renewable liquid, and ``(B) any person mixes such renewable liquid or uses such renewable liquid other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (b)(2)(A) and the number of gallons of such renewable liquid. ``(3) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A) or (B) as if such tax were imposed by section 4081 and not by this chapter. ``(g) Pass-Thru in the Case of Estates and Trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(h) Termination.--This section shall not apply to any sale or use after December 31, 2010.''. (b) Credit Treated as Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit), is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (17), and inserting ``, plus'', and by inserting after paragraph (19) the following new paragraph: ``(20) The renewable liquid credit determined under section 40B.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter I of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 40A the following new item: ``Sec. 40B. Renewable liquid used as fuel.''. (d) Effective Date.--The amendments made by this section shall apply to fuel produced, and sold as used, after December 31, 2005.", "summary": "Amends the Internal Revenue Code to allow: (1) a tax credit against the gasoline excise tax for renewable liquid fuels; and (2) a business tax credit for renewable liquid used as fuel. Defines \"renewable liquid\" as liquid hydrocarbons derived from certain waste and byproduct streams. Terminates such credits after 2010."}
{"article": "\u0007I72SECTION 1. SHORT TITLE. \u0007I20\u0018\u0018This Act may be cited as the ``The Diesel Tax Fairness Act of 2008''. \u0007I72SEC. 2. TEMPORARY REDUCTION IN EXCISE TAX ON KEROSENE AND DIESEL FUEL TO THE RATE APPLICABLE TO GASOLINE. \u0007I20\u0018\u0018(a) \u0007T5In General\u0007K._Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: \u0007I20\u0018\u0018``(f) \u0007T5Temporary Reduction of Tax on Diesel Fuel and Kerosene (Other Than Aviation-Grade Kerosene)\u0007K._ \u0007I22\u0018\u0018``(1) \u0007T4In general\u0007K._During the temporary reduction period_ \u0007I24\u0018\u0018``(A) the rate of tax applicable under subsection (a)(2)(A)(iii) shall be 18.3 cents, and \u0007I24\u0018\u0018``(B) the rate of tax applicable under subsection (a)(2)(D) shall be 14.8 cents. \u0007I22\u0018\u0018``(2) \u0007T4Temporary reduction period\u0007K._For purposes of this subsection, the temporary reduction period is the period_ \u0007I24\u0018\u0018``(A) beginning on the date of the enactment of this subsection, and \u0007I24\u0018\u0018``(B) ending on December 31, 2010. \u0007I22\u0018\u0018``(3) \u0007T4Maintenance of trust fund deposits\u0007K._In determining the amounts to be appropriated to any trust fund, an amount equal to the reduction in revenues to the Treasury by reason of a reduction under this subsection in any rate shall be treated as taxes received in the Treasury under such rate.''. \u0007I20\u0018\u0018(b) \u0007T5Effective Date\u0007K._The amendment made by this section shall take effect on the date of the enactment of this Act. \u0007I72SEC. 3. FLOOR STOCKS REFUNDS. \u0007I20\u0018\u0018(a) \u0007T5In General\u0007K._If_ \u0007I22\u0018\u0018(1) before the date of the enactment of this Act, a tax referred to in section 4081(f)(1) of the Internal Revenue Code of 1986 has been imposed on any liquid, and \u0007I22\u0018\u0018(2) on such date such liquid is held by a dealer and has not been used and is intended for sale, \u0007I20there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. \u0007I20\u0018\u0018(b) \u0007T5Time for Filing Claims\u0007K._No credit or refund shall be allowed or made under this section unless_ \u0007I22\u0018\u0018(1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the date of the enactment of this Act, and \u0007I22\u0018\u0018(2) in any case where liquid is held by a dealer (other than the taxpayer) on the date of the enactment of this Act_ \u0007I24\u0018\u0018(A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after such date, and \u0007I24\u0018\u0018(B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. \u0007I20\u0018\u0018(c) \u0007T5Exception for Fuel Held in Retail Stocks\u0007K._No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. \u0007I20\u0018\u0018(d) \u0007T5Definitions\u0007K._For purposes of this section, the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer. \u0007I20\u0018\u0018(e) \u0007T5Certain Rules To Apply\u0007K._Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. \u0007I72SEC. 4. FLOOR STOCKS TAX. \u0007I20\u0018\u0018(a) \u0007T5Imposition of Tax\u0007K._In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid under section 4041 or 4081 of the Internal Revenue Code of 1986 had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid. \u0007I20\u0018\u0018(b) \u0007T5Liability for Tax and Method of Payment\u0007K._ \u0007I22\u0018\u0018(1) \u0007T4Liability for tax\u0007K._A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. \u0007I22\u0018\u0018(2) \u0007T4Method of payment\u0007K._The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. \u0007I22\u0018\u0018(3) \u0007T4Time of payment\u0007K._The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. \u0007I20\u0018\u0018(c) \u0007T5Definitions\u0007K._For purposes of this section_ \u0007I22\u0018\u0018(1) \u0007T4Held by a person\u0007K._A liquid shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). \u0007I22\u0018\u0018(2) \u0007T4Taxable liquid\u0007K._The term ``taxable liquid'' means diesel fuel and kerosene (other than aviation-grade kerosene). \u0007I22\u0018\u0018(3) \u0007T4Floor stocks date\u0007K._The term ``floor stocks tax date'' means January 1, 2011. \u0007I22\u0018\u0018(4) \u0007T4Secretary\u0007K._The term ``Secretary'' means the Secretary of the Treasury. \u0007I20\u0018\u0018(d) \u0007T5Exception for Exempt Uses\u0007K._The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of the Code referred to in section 4081(a)(2) of such Code is allowable for such use. \u0007I20\u0018\u0018(e) \u0007T5Exception for Fuel Held in Vehicle Tank\u0007K._No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. \u0007I20\u0018\u0018(f) \u0007T5Exception for Certain Amounts of Fuel\u0007K._ \u0007I22\u0018\u0018(1) \u0007T4In general\u0007K._No tax shall be imposed by subsection (a) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. \u0007I22\u0018\u0018(2) \u0007T4Exempt fuel\u0007K._For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). \u0007I22\u0018\u0018(3) \u0007T4Controlled groups\u0007K._For purposes of this section_ \u0007I24\u0018\u0018(A) \u0007T4Corporations\u0007K._ \u0007I26\u0018\u0018(i) \u0007T4In general\u0007K._All persons treated as a controlled group shall be treated as 1 person. \u0007I26\u0018\u0018(ii) \u0007T4Controlled group\u0007K._The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. \u0007I24\u0018\u0018(B) \u0007T4Nonincorporated persons under common control\u0007K._Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. \u0007I20\u0018\u0018(g) \u0007T5Other Laws Applicable\u0007K._All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such chapter. \u0007S6301\u0007I76\ufffd08 \u001a\u0000", "summary": "Diesel Tax Fairness Act of 2008 - Amends the Internal Revenue Code to reduce the excise tax on diesel fuel and kerosene (from 24.3 cents to 18.3 cents per gallon) and diesel fuel emulsion (from 19.7 cents to 14.8 cents per gallon) until December 31, 2010."}
{"article": "TITLE I--INTERNATIONAL DEVELOPMENT ASSOCIATION SEC. 101. PARTICIPATION IN THE THIRTEENTH REPLENISHMENT OF THE RESOURCES OF THE INTERNATIONAL DEVELOPMENT ASSOCIATION. The International Development Association Act (22 U.S.C. 284-284s) is amended by adding at the end the following: ``SEC. 22. THIRTEENTH REPLENISHMENT. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Association may contribute on behalf of the United States an amount equal to the amount appropriated under subsection (b), pursuant to the resolution of the Association entitled `Additions to IDA Resources: Thirteenth Replenishment'. ``(2) Subject to appropriations.--Any commitment to make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated such sums as may be necessary for payment by the Secretary of the Treasury, without fiscal year limitation.''. SEC. 102. ADMINISTRATIVE PROVISIONS. Title XV of the International Financial Institutions Act (22 U.S.C. 262o--262o-2) is amended by adding at the end the following: ``SEC. 1504. ADMINISTRATIVE PROVISIONS. ``(a) Achievement of Certain Policy Goals.--The Secretary of Treasury should instruct the United States Executive Director at each multilateral development institution to inform the institution of the following United States policy goals, and to work toward achieving the goals at the institution before June 30, 2005: ``(1) No later than 60 calendar days after the Board of Directors of the institution approves the minutes of a Board meeting, the institution shall post on its website an electronic version of the minutes, with material deemed too sensitive for public distribution redacted. ``(2) The institution shall keep a written transcript or electronic recording of each meeting of its Board of Directors and preserve the transcript or recording for at least 10 years after the meeting. ``(3) All public sector loan documents, country assistance strategies, sector strategies, and sector policies prepared by the institution and presented for endorsement or approval by its Board of Directors, with materials deemed too sensitive for public distribution redacted or withheld, shall be made available to the public 15 calendar days before consideration by the Board or, if not then available, when the documents are distributed to the Board. ``(4) The institution shall post on its website an annual report containing statistical summaries and case studies of the fraud and corruption cases pursued by its investigations unit. ``(5) The institution shall require that any health, education, or poverty-focused loan, credit, grant, document, policy, or strategy prepared by the institution includes specific outcome and output indicators to measure results, and that the indicators and results be published periodically during the execution, and at the completion, of the project or program. ``(b) Publication of Written Statements Regarding Inspection Mechanism Cases.--No later than 60 calendar days after a meeting of the Board of Directors of a multilateral development institution, the Secretary of the Treasury should provide for publication on the website of the Department of the Treasury of any written statement presented at the meeting by the United States Executive Director at the institution concerning-- ``(1) a project on which a claim has been made to the inspection mechanism of the institution; or ``(2) a pending inspection mechanism case. ``(c) Congressional Briefings.--At the request of the Committee on Financial Services of the House of Representatives or the Committee on Foreign Relations of the Senate, the Secretary of the Treasury or the designee of the Secretary should brief the requesting committee on the steps that have been taken by the United States Executive Director at any multilateral development institution, and by any such institution, to implement the measures described in this section. ``(d) Publication of `No' Votes and Abstentions by the United States.--Each month, the Secretary of the Treasury should provide for posting on the website of the Department of the Treasury of a record of all `no' votes and abstentions made by the United States Executive Director at any multilateral development institution on any matter before the Board of Directors of the institution. ``(e) Multilateral Development Institution Defined.--In this section, the term `multilateral development institution' shall have the meaning given in section 1701(c)(3).''. TITLE II--ASIAN DEVELOPMENT FUND SEC. 201. PARTICIPATION IN THE SEVENTH REPLENISHMENT OF THE RESOURCES OF THE ASIAN DEVELOPMENT FUND. The Asian Development Bank Act (22 U.S.C. 285-285aa) is amended by adding at the end the following: ``SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Bank may contribute on behalf of the United States an amount equal to the amount appropriated under subsection (b), pursuant to the resolution of the Bank entitled `Seventh Replenishment of the Asian Development Fund'. ``(2) Subject to appropriations.--Any commitment to make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated such sums as may be necessary for payment by the Secretary of the Treasury, without fiscal year limitation.''. TITLE III--AFRICAN DEVELOPMENT FUND SEC. 301. PARTICIPATION IN THE NINTH REPLENISHMENT OF THE RESOURCES OF THE AFRICAN DEVELOPMENT FUND. The African Development Fund Act (22 U.S.C. 290g--290g-15) is amended by adding at the end the following: ``SEC. 217. NINTH REPLENISHMENT. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Fund may contribute on behalf of the United States an amount equal to the amount appropriated under subsection (b), pursuant to the resolution of the Fund entitled `The Ninth General Replenishment of Resources of the African Development Fund'. ``(2) Subject to appropriations.--Any commitment to make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated such sums as may be necessary for payment by the Secretary of the Treasury, without fiscal year limitation.''.", "summary": "Amends specified Federal laws to authorize appropriations for: (1) the U.S. contribution to the thirteenth replenishment of the International Development Association; (2) the U.S. contribution to the seventh replenishment of the Asian Development Fund; and (3) the U.S. contribution to the ninth replenishment of the African Development Fund. Directs the Secretary of the Treasury to instruct the U.S. Executive Director at each multilateral development institution to inform such institution of specified U.S. policy goals (and to work toward achieving such goals at the institution before June 30, 2005). Requires each institution to: (1) post on its website an electronic version of Board of Directors meeting minutes within 60 days after any such meeting, with material deemed too sensitive for public distribution redacted; (2) keep a written transcript or electronic recording of each Board meeting and preserve it for at least ten years; (3) make available to the public 15 days before Board consideration (or if not then available, when the documents are distributed to the Board) all public sector loan documents, country assistance strategies, sector strategies, and sector policies prepared by the institution and presented for Board endorsement or approval; (4) post on its website an annual report of statistical summaries and case studies of fraud and corruption cases pursued by its investigations unit; and (5) require any health, education, or poverty-focused loan, credit, grant, document, policy, or strategy prepared by it to include specific outcome and output indicators to measure results, and that such indicators and results be published periodically during execution, and at the completion, of the project or program. Urges the Secretary no later than 60 days after a meeting of the Board of a multilateral development institution to provide for publication on the Department of the Treasury's website of the institution's written statements regarding inspection mechanism claims and cases."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Risk Evaluation Act of 1995''. SEC. 2. FINDINGS AND POLICY. (a) Definitions.--As used in this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Adverse effect on human health.--The term ``adverse effect on human health'' includes any increase in the rate of death or serious illness, including disease, cancer, birth defects, reproductive dysfunction,developmental effects (including effects on the endocrine and nervous systems), and other impairments in bodily functions. (3) Risk.--The term ``risk'' means the likelihood of an occurrence of an adverse effect on human health, the environment, or public welfare. (4) Source of pollution.--The term ``source of pollution'' means a category or class of facilities or activities that alter the chemical, physical, or biological character of the natural environment. (b) Findings.--Congress finds that-- (1) cost-benefit analysis and risk assessment are useful but imperfect tools that serve to enhance the information available in developing environmental regulations and programs; (2) cost-benefit analysis and risk assessment can also serve as useful tools in setting priorities and evaluating the success of environmental protection programs; (3) cost and risk are not the only factors that need to be considered in evaluating environmental programs as other factors, including values and equity, must also be considered; (4) current methods for valuing ecological resources and assessing intergenerational effects of sources of pollution need further development before integrated rankings of sources of pollution based on the factors referred to in paragraph (3) can be used with high levels of confidence; (5) methods to assess and describe the risks of adverse human health effects, other than cancer, need further development before integrated rankings of sources of pollution based on the risk to human health can be used with high levels of confidence; (6) periodic reports by the Administrator on the costs and benefits of regulations promulgated under Federal environmental laws, and other Federal actions with impacts on human health, the environment, or public welfare, will provide Congress and the general public with a better understanding of-- (A) national environmental priorities; and (B) expenditures being made to achieve reductions in risk to human health, the environment, and public welfare; and (7) periodic reports by the Administrator on the costs and benefits of environmental regulations will also-- (A) provide Congress and the general public with a better understanding of the strengths, weaknesses, and uncertainties of cost-benefit analysis and risk assessment and the research needed to reduce major uncertainties; and (B) assist Congress and the general public in evaluating environmental protection regulations and programs, and other Federal actions with impacts on human health, the environment, or public welfare, to determine the extent to which the regulations, programs, and actions adequately and fairly protect affected segments of society. (c) Report on Environmental Priorities, Costs, and Benefits.-- (1) Ranking.-- (A) In general.--The Administrator shall identify and, taking into account available data, to the extent practicable, rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare. (B) Method of ranking.--In carrying out the rankings under subparagraph (A), the Administrator shall-- (i) rank the sources of pollution considering the extent and duration of the risk; and (ii) take into account broad societal values, including the role of natural resources in sustaining economic activity into the future. (2) Evaluation of regulatory and other costs.--In addition to carrying out the rankings under paragraph (1), the Administrator shall evaluate-- (A) the private and public costs associated with each source of pollution and the costs and benefits of complying with regulations designed to protect against risks associated with the sources of pollution; and (B) the private and public costs and benefits associated with other Federal actions with impacts on human health, the environment, or public welfare, including direct development projects, grant and loan programs to support infrastructure construction and repair, and permits, licenses, and leases to use natural resources or to release pollution to the environment, and other similar actions. (3) Risk reduction opportunities.--In assessing risks, costs, and benefits as provided in paragraphs (1) and (2), the Administrator shall also identify reasonable opportunities to achieve significant risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on human health, the environment, or public welfare. (4) Uncertainties.--In evaluating the risks referred to in paragraphs (1) and (2), the Administrator shall-- (A) identify the major uncertainties associated with the risks; (B) explain the meaning of the uncertainties in terms of interpreting the ranking and evaluation; and (C) determine-- (i) the type and nature of research that would likely reduce the uncertainties; and (ii) the cost of conducting the research. (5) Consideration of benefits.--In carrying out this section, the Administrator shall consider and, to the extent practicable, estimate the monetary value, and such other values as the Administrator determines to be appropriate, of the benefits associated with reducing risk to human health and the environment, including-- (A) avoiding premature mortality; (B) avoiding cancer and noncancer diseases that reduce the quality of life; (C) preserving biological diversity and the sustainability of ecological resources; (D) maintaining an aesthetically pleasing environment; (E) valuing services performed by ecosystems (such as flood mitigation, provision of food or material, or regulating the chemistry of the air or water) that, if lost or degraded, would have to be replaced by technology; (F) avoiding other risks identified by the Administrator; and (G) considering the benefits even if it is not possible to estimate the monetary value of the benefits in exact terms. (6) Reports.-- (A) Preliminary report.--Not later than 1 year after the date of enactment of this Act, the Administrator shall report to Congress on the sources of pollution and other Federal actions that the Administrator will address, and the approaches and methodology the Administrator will use, in carrying out the rankings and evaluations under this section. The report shall also include an evaluation by the Administrator of the need for the development of methodologies to carry out the ranking. (B) Periodic report.-- (i) In general.--On completion of the ranking and evaluations conducted by the Administrator under this section, but not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Administrator shall report the findings of the rankings and evaluations to Congress and make the report available to the general public. (ii) Evaluation of risks.--Each periodic report prepared pursuant to this subparagraph shall, to the extent practicable, evaluate risk management decisions under Federal environmental laws, including title XIV of the Public Health Service Act (commonly known as the ``Safe Drinking Water Act'') (42 U.S.C. 300f et seq.), that present inherent and unavoidable choices between competing risks, including risks of controlling microbial versus disinfection contaminants in drinking water. Each periodic report shall address the policy of the Administrator concerning the most appropriate methods of weighing and analyzing the risks, and shall incorporate information concerning-- (I) the severity and certainty of any adverse effect on human health, the environment, or public welfare; (II) whether the effect is immediate or delayed; (III) whether the burden associated with the adverse effect is borne disproportionately by a segment of the general population or spread evenly across the general population; and (IV) whether a threatened adverse effect can be eliminated or remedied by the use of an alternative technology or a protection mechanism. (d) Implementation.--In carrying out this section, the Administrator shall-- (1) consult with the appropriate officials of other Federal agencies and State and local governments, members of the academic community, representatives of regulated businesses and industry, representatives of citizen groups, and other knowledgeable individuals to develop, evaluate, and interpret scientific and economic information; (2) make available to the general public the information on which rankings and evaluations under this section are based; and (3) establish methods for determining costs and benefits of environmental regulations and other Federal actions, including the valuation of natural resources and intergenerational costs and benefits, by rule after notice and opportunity for public comment. (e) Review by the Science Advisory Board.--Before the Administrator submits a report prepared under this section to Congress, the Science Advisory Board, established by section 8 of the Environmental Research, Development, and Demonstration Act of 1978 (42 U.S.C. 4365), shall conduct a technical review of the report in a public session.", "summary": "Environmental Risk Evaluation Act of 1995 - Directs the Administrator of the Environmental Protection Agency to: (1) rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare; (2) evaluate the private and public costs associated with each pollution source and the costs and benefits of complying with regulations designed to protect against risks associated with such pollution; and (3) evaluate the public and private costs and benefits associated with other Federal actions with impacts on human health, the environment, or public welfare. Requires the Administrator to identify opportunities to achieve risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on health, the environment, or public welfare. Directs the Administrator to: (1) identify the major uncertainties associated with the risks and explain the meaning of the uncertainties in terms of interpreting the ranking and evaluation; and (2) determine the type and nature of research that would likely reduce such uncertainties and the cost of conducting such research. Requires the Administrator to consider and estimate the monetary and other values of the benefits associated with reducing risk to health and the environment. Establishes triennial reporting requirements with respect to rankings and evaluations and requires such reports to evaluate risk management decisions under Federal environmental laws that present inherent and unavoidable choices between competing risks. Provides for review of reports by the Science Advisory Board prior to submission."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Metropolitan Washington Airports Act Amendments of 1995''. SEC. 2. FINDINGS. Section 6002(7) of the Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 2451(7)) is amended-- (1) by inserting ``declining'' after ``perceived''; and (2) by striking ``the growing local interest,'' and inserting ``the increasing need for local planning and management on a metropolitan statistical area basis,''. SEC. 3. AIRPORTS AUTHORITY. (a) Board of Directors.--Section 6007 of the Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 2456) is amended by striking subsections (e), (f), (g), and (h) and inserting the following: ``(e) Board of Directors.-- ``(1) Appointment.--The Airports Authority shall be governed by a board of directors of 11 members as follows: ``(A) 1 member shall be appointed by the Governor of Virginia. ``(B) 1 member shall be appointed by the Mayor of the District of Columbia. ``(C) 1 member shall be appointed by the Governor of Maryland. ``(D) 2 members shall be appointed by the Virginia State legislature. ``(E) 2 members shall be appointed by those representatives from Virginia local governments who are on the Board of Directors of the Metropolitan Washington Council of Governments. ``(F) 2 members shall be appointed by those representatives from the District of Columbia government who are on the Board of Directors of the Metropolitan Washington Council of Governments. ``(G) 2 members shall be appointed by those representatives from Maryland local governments who are on the Board of Directors of the Metropolitan Washington Council of Governments. The Chairman shall be appointed from among the members by a majority vote of the members and shall serve until replaced by a majority vote of the members. ``(2) Restrictions.--Members (A) shall serve without compensation other than reasonable expenses incident to board functions, and (B) must reside within the Washington Standard Metropolitan Statistical Area. ``(3) Terms.--Members shall be appointed for terms of 4 years. ``(4) Required number of votes.--7 votes shall be required to approve bond issues and the annual budget. ``(f) Airport Noise.-- ``(1) Balanced environmental protection.--In order to protect the public from the impact of aircraft noise and at the same time provide for suitable air transportation service to the Washington Standard Metropolitan Statistical Area, a proposed action of the board of directors which could result in a change in the impact of aircraft noise in the vicinity of a Metropolitan Washington Airport may not take unless, at least 60 days before the action is to take effect, the board of directors-- ``(A) notifies, in writing, the Committee on Noise Abatement at National and Dulles Airports of the Washington Council of Governments of the action for the purpose of allowing such committee the opportunity to review, and submit comments on, the action; and ``(B) submits, in writing, to such committee a response to any comment of such committee with respect to the action within 30 days after the date of receipt of such comment.''. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsections (b) and (c), the amendments made by sections 2 and 3 shall take effect on the date of the enactment of this Act. (b) Limitation on Applicability.--Persons appointed as members of the board of directors of the Metropolitan Washington Airports Authority on the date of the enactment of this Act shall continue to serve on such board until their respective terms expire under former section 6007(e). (c) Initial Appointments.-- (1) Virginia appointments.--The Governor of Virginia shall appoint under new section 6007(e)(1)(A) a person to fill the vacancy of the first member appointed by the Governor of Virginia under former section 6007(e)(1)(A) whose term expires after the date of the enactment of this Act. The Virginia State legislature shall appoint under new section 6007(e)(1)(D) persons to fill the vacancies of the second and third members appointed by the Governor under former section 6007(e)(1)(A) whose terms expire after such date of enactment. Representatives from Virginia local governments shall appoint under new section 6007(e)(1)(E) persons to fill the vacancies of the fourth and fifth members appointed by the Governor under former section 6007(e)(1)(A) whose terms expire after such date of enactment. (2) District of columbia appointments.--The Mayor of the District of Columbia shall appoint under new section 6007(e)(1)(B) a person to fill the vacancy of the first member appointed by the Mayor of the District of Columbia under former section 6007(e)(1)(B) whose term expires after the date of the enactment of this Act. Representatives from the District of Columbia government shall appoint under new section 6007(e)(1)(F) persons to fill the vacancies of the second and third such members appointed by the Mayor under former section 6007(e)(1)(B) whose terms expire after such date of enactment. (3) Maryland appointments.--The Governor of Maryland shall appoint under new section 6007(e)(1)(C) a person to fill the vacancy of the first member appointed by the Governor of Maryland under former section 6007(e)(1)(C) whose term expires after the date of the enactment of this Act. Representatives from Maryland local governments shall appoint under new section 6007(e)(1)(G)-- (A) a person to fill the vacancy of the second member appointed by the Governor under former section 6007(e)(1)(C) whose term expires after such date of enactment; and (B) a person to fill the vacancy of the member appointed by the President under former section 6007(e)(1)(D) when the term of such member expires after such date of enactment. (d) Definitions.--In this section, the following definitions apply: (1) Former section 6007(e).--The term ``former section 6007(e)'' means section 6007(e) of the Metropolitan Washington Airports Act of 1986 as in effect on the day before the date of the enactment of this Act. (2) New section 6007(e).--The term ``new section 6007(e)'' means section 6007(e) of the Metropolitan Washington Airports Act of 1986, as amended by section 3 of this Act.", "summary": "Metropolitan Washington Airports Act Amendments of 1995 - Amends the Metropolitan Washington Airports Act of 1986 to revise congressional findings with respect to the two federally owned airports in the Washington metropolitan area to declare a perceived declining limited need for a Federal role in the management of these airports and increasing need for local planning and management on a metropolitan statistical area basis. (Sec. 3) Revises the composition of the Board of Directors for the Metropolitan Washington Airports Authority. Repeals the mandate for and authority of a Board of Review of the Airports Authority, thus abolishing it. Prohibits any proposed action of the Board of Directors which could result in a change in the impact of aircraft noise in the vicinity of a Metropolitan Washington Airport unless, at least 60 days before the action is to take effect, it: (1) notifies the Committee on Noise Abatement at National and Dulles Airports of the Washington Council of Governments of the action to allow them an opportunity to review, and submit comments on, such action; and (2) submits to such committee a response to any committee comment with respect to such action. (Sec. 4) Requires persons appointed as members of the Board upon the enactment of this Act to continue to serve until their original terms expire. Provides for the appointment of persons to fill vacancies on the Board."}
{"article": "SECTION 1. NATIONAL TESTS. (a) OERI Annual Spending Plan.--Notwithstanding any other provision of law, the Assistant Secretary for Educational Research and Improvement shall submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for each fiscal year, prior to the obligation of any funds for the fiscal year. (b) Exclusive Authority.--Notwithstanding any other provision of law, the National Assessment Governing Board established under section 412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011) (hereafter in this section referred to as the ``Board'') shall hereafter have exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for 4th grade English reading and 8th grade mathematics. (c) Availability.--The tests described in subsection (b) shall be made available to a State, local educational agency, or private or parochial school, upon the request of the State, agency, or school, and the use of the tests shall not be a condition for receiving any Federal funds. (d) Contract.-- (1) In general.--Within 90 days after the date of enactment of this Act, the Board shall review the national test development contract in effect on the date of enactment of this Act, and modify the contract as the Board determines necessary. If the contract cannot be modified to the extent determined necessary by the Board, the contract shall be terminated and the Board shall negotiate a new contract, under the Board's exclusive control, for the tests. (2) Board duties.--In exercising the Board's responsibilities under paragraph (1) regarding the national tests, and notwithstanding any action undertaken by the Department of Education or a person contracting with or providing services for the Department regarding the planning, or the development of specifications, for the tests, the Board shall-- (A) ensure that the content and standards for the tests are the same as the content and standards for the National Assessment; (B) exercise exclusive authority over any expert panel or advisory committee that will be or is established with respect to the tests; (C) ensure that the tests are linked to the National Assessment to the maximum degree possible ; (D) develop test objectives, test specifications, and test methodology; (E) develop policies for test administration, including guidelines for inclusion of, and accommodations for, students with disabilities and students with limited English proficiency; (F) develop policies for reporting test results, including the use of standards or performance levels, and for test use; (G) have final authority over the appropriateness of all test items; (H) ensure that all items selected for use on the tests are free from racial, cultural, or gender bias; and (I) take such actions and make such policies as the Board determines necessary. (e) Consent Required.--No State or local educational agency may require any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the written consent of the student or individual. (f) NAGB Amendments.--Section 412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011) is amended-- (1) in subsection (b)(1)-- (A) by amending subparagraph (A) to read as follows: ``(A) three Governors, or former Governors, of whom not more than 1 shall be a member of the same political party as the President;''; (B) by amending subparagraph (B) to read as follows: ``(B) two State legislators, of whom not more than 1 shall be a member of the same political party as the President;''; (C) in subparagraph (H), by striking ``one representative'' and inserting ``three representatives''; (D) by amending subparagraph (I) to read as follows: ``(I) two mayors, of whom not more than 1 shall be a member of the same political party as the President;''; (E) by striking subparagraph (J); and (F) by redesignating subparagraphs (K), (L), and (M) as subparagraphs (J), (K), and (L), respectively; (2) in subsection (c)-- (A) in paragraph (1), by striking ``and may not exceed a period of 3'' and inserting ``and shall be for periods of 4''; and (B) in paragraph (2), by inserting ``consecutive'' after ``two''; (3) by amending subsection (d) to read as follows: ``(d) Vacancies.--As vacancies on the Board occur, new members of the Board shall be appointed by the Secretary from among individuals who are nominated by the Board after consultation with representatives of the individuals described in subsection (b)(1). For each vacancy, the Board shall nominate at least 3 individuals who are qualified by experience or training to fill the particular Board vacancy.''; and (4) in subsection (e) by adding at the end the following: ``(7) Independence.--In the exercise of its functions, powers, and duties, the Board shall be independent of the Secretary and the other offices and officers of the Department. The Secretary shall, by written delegation of authority, authorize the Board to award grants and contracts, and otherwise operate, to the maximum extent practicable, independent of the Department.''. (g) Appointments.--Not later than 30 days after the date of enactment of this Act, the Secretary of Education, in consultation with the Speaker and Minority Leader of the House of Representatives, and the Majority Leader and Minority Leader of the Senate, shall appoint individuals to fill vacancies on the National Assessment Governing Board caused by the expiration of the terms of members of the Board, or the creation of new membership positions on the Board pursuant to amendments made by this Act.", "summary": "Directs the Assistant Secretary for Educational Research and Improvement, before any funds are obligated for a fiscal year, to submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for such year. Gives to the National Assessment Governing Board (established under the National Education Statistics Act of 1994) exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for fourth grade English reading and eighth grade mathematics. Requires such tests to be made available, upon request, to a State, local educational agency, or private or parochial school. Prohibits making the use of such tests a condition for receiving any Federal funds. Directs the Board to review the current national test development contract, and modify it as necessary, or terminate it and negotiate a new contract under the Board's exclusive control. Sets forth Board responsibilities with respect to development of, and content and standards for, such tests. Prohibits a State or local educational agency from requiring any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the student's or individual's written consent. Amends the National Education Statistics Act of 1994 to: (1) revise requirements for appointment of Board members; and (2) provide that the Board, in its exercise of its functions, powers, and duties, shall be independent of the Secretary of Education and the other offices and officers of the Department of Education. Directs the Secretary to appoint individuals to fill vacancies on the Board caused by expiration of member terms or creation of new membership positions under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategic and Critical Minerals Production Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) The industrialization of China and India has driven demand for nonfuel mineral commodities, sparking a period of resource nationalism exemplified by China's reduction in exports of rare-earth elements necessary for telecommunications, military technologies, healthcare technologies, and conventional and renewable energy technologies. (2) The availability of minerals and mineral materials are essential for economic growth, national security, technological innovation, and the manufacturing and agricultural supply chain. (3) The exploration, production, processing, use, and recycling of minerals contribute significantly to the economic well-being, security and general welfare of the Nation. (4) The United States has vast mineral resources, but is becoming increasingly dependent upon foreign sources of these mineral materials, as demonstrated by the following: (A) Twenty-five years ago the United States was dependent on foreign sources for 30 nonfuel mineral materials, 6 of which the United States imported 100 percent of the Nation's requirements, and for another 16 commodities the United States imported more than 60 percent of the Nation's needs. (B) By 2011 the United States import dependence for nonfuel mineral materials had more than doubled from 30 to 67 commodities, 19 of which the United States imported 100 percent of the Nation's requirements, and for another 24 commodities, imported more than 50 percent of the Nation's needs. (C) The United States share of world wide mineral exploration dollars was 8 percent in 2011, down from 19 percent in the early 1990s. (D) In the 2012 Ranking of Countries for Mining Investment, out of 25 major mining countries, the United States ranked last with Papua New Guinea in permitting delays, and towards the bottom regarding government take and social issues affecting mining. SEC. 3. DEFINITIONS. In this Act: (1) Strategic and critical minerals.--The term ``strategic and critical minerals'' means minerals that are necessary-- (A) for national defense and national security requirements; (B) for the Nation's energy infrastructure, including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production; (C) to support domestic manufacturing, agriculture, housing, telecommunications, healthcare, and transportation infrastructure; and (D) for the Nation's economic security and balance of trade. (2) Agency.--The term ``agency'' means any agency, department, or other unit of Federal, State, local, or tribal government, or Alaska Native Corporation. (3) Mineral exploration or mine permit.--The term ``mineral exploration or mine permit'' includes plans of operation issued by the Bureau of Land Management and the Forest Service pursuant to 43 CFR 3809 and 36 CFR 228A respectively. TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL MINERALS SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS. Domestic mines that will provide strategic and critical minerals shall be considered an ``infrastructure project'' as described in Presidential Order ``Improving Performance of Federal Permitting and Review of Infrastructure Projects'' dated March 22, 2012. SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY. (a) In General.--The lead agency with responsibility for issuing a mineral exploration or mine permit shall appoint a project lead who shall coordinate and consult with other agencies, cooperating agencies, project proponents and contractors to ensure that agencies minimize delays, set and adhere to timelines and schedules for completion of reviews, set clear permitting goals and track progress against those goals. (b) The lead agency with responsibility for issuing a mineral exploration or mine permit shall determine any such action would not constitute a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 if the procedural and substantive safeguards of the lead agency's permitting process alone, any applicable State permitting process alone, or a combination of the two processes together provide an adequate mechanism to ensure that environmental factors are taken into account. (c) The lead agency with responsibility for issuing a mineral exploration or mine permit shall enhance government coordination on permitting and review by avoiding duplicative reviews, minimizing paperwork and engaging other agencies and stakeholders early in the process. The lead agency shall consider the following best practices: (1) Deferring to and relying upon baseline data, analysis and reviews preformed by State agencies with jurisdiction over the proposed project. (2) Conducting reviews concurrently rather than sequentially to the extent practicable and when such concurrent review will expedite rather than delay a decision. (d) At the request of a project proponent, the project lead of the agency with responsibility for issuing a mineral exploration or mine permit shall enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permit review process including the following: (1) The decision on whether to prepare a document required under the National Environmental Policy Act of 1969. (2) A determination of the scope of any document required under the National Environmental Policy Act of 1969. (3) The scope of and schedule for the baseline studies required to prepare a document required under the National Environmental Policy Act of 1969. (4) Preparation of any draft document required under the National Environmental Policy Act of 1969. (5) Preparation of a final document required under the National Environmental Policy Act of 1969. (6) Consultations required under applicable laws. (7) Submission and review of any comments required under applicable law. (8) Publication of any public notices required under applicable law. (9) A final or any interim decisions. (e) In no case should the total review process described in subsection (d) exceed 30 months unless agreed to by the signatories of the agreement. (f) The lead agency is not required to address agency or public comments that were not submitted during the public comment periods provided by the lead agency or otherwise required by law. (g) The lead agency will determine the amount of financial assurance for reclamation of a mineral exploration or mining site, which must cover the estimated cost if the lead agency were to contract with a third party to reclaim the operations according to the reclamation plan, including construction and maintenance costs for any treatment facilities necessary to meet Federal, State or tribal environmental standards. (h) This section shall apply with respect to a mineral exploration or mine permit for which an application was submitted before the date of the enactment of this Act if the applicant for the permit submits a written request to the lead agency for the permit. The lead agency shall begin implementing this section with respect to such application within 30 days after receiving such written request. (i) With respect to strategic and critical materials within a federally administered unit of the National Forest System, the lead agency shall-- (1) exempt all areas of identified mineral resources in Land Use Designations, other than Non-Development Land Use Designations, in existence as of the date of the enactment of this Act from the procedures detailed at and all rules promulgated under part 294 of title 36, Code for Federal Regulations; (2) apply such exemption to all additional routes and areas that the lead agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of identified mineral resources described in paragraph (1); and (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit of the National Forest System. SEC. 103. CONSERVATION OF THE RESOURCE. In developing the mineral exploration or mine permit, the priority of the lead agency shall be to maximize the development of the mineral resource, while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place. SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING PROJECTS. (a) Preparation of Federal Notices for Mineral Exploration and Mine Development Projects.--The preparation of Federal Register notices required by law associated with the issuance of a mineral exploration or mine permit shall be delegated to the organization level within the agency responsible for issuing the mineral exploration or mine permit. All Federal Register notices regarding official document availability, announcements of meetings, or notices of intent to undertake an action shall be originated and transmitted to the Federal Register from the office where documents are held, meetings are held, or the activity is initiated. (b) Departmental Review of Federal Register Notices for Mineral Exploration and Mining Projects.--Absent any extraordinary circumstance or except as otherwise required by any Act of Congress, each Federal Register notice described in subsection (a) shall undergo any required reviews within the Department of the Interior or the Department of Agriculture and be published in its final form in the Federal Register no later than 30 days after its initial preparation. TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND MINE PERMITS SEC. 201. DEFINITIONS FOR TITLE. In this title the term ``covered civil action'' means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action affecting a mineral exploration or mine permit. SEC. 202. TIMELY FILINGS. A covered civil action is barred unless filed no later than the end of the 60-day period beginning on the date of the final Federal agency action to which it relates. SEC. 203. EXPEDITION IN HEARING AND DETERMINING THE ACTION. The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. SEC. 204. LIMITATION ON PROSPECTIVE RELIEF. In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. SEC. 205. LIMITATION ON ATTORNEYS' FEES. Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys' fees, expenses, and other court costs. Passed the House of Representatives July 12, 2012. Attest: KAREN L. HAAS, Clerk.", "summary": "National Strategic and Critical Minerals Production Act of 2012 - Title I: Development of Domestic Sources Of Strategic and Critical Minerals - (Sec. 101) Deems a domestic mine that will provide strategic and critical minerals to be an \"infrastructure project\" as described in Presidential Order \"Improving Performance of Federal Permitting and Review of Infrastructure Projects\" dated March 22, 2012. (Sec. 102) Sets forth the responsibilities of the lead agency (federal, state, local, tribal, or Alaska Native Corporation) with responsibility for issuing a mineral exploration or mine permit with respect to project coordination, agency consultation, project proponents, contractors, and the status and scope of any environmental impact statement. Requires the lead agency to determine that any such action would not constitute a major federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (NEPA) if the procedural and substantive safeguards of the lead agency's permitting process alone, any applicable state permitting process alone, or a combination of the two processes together provide an adequate mechanism to ensure that environmental factors are taken into account. Requires the lead agency's project lead, at a project proponent's request, to enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permit review process. Applies this Act to a mineral exploration or mine permit for which an application was submitted before enactment of this Act if the applicant so requests in writing. Requires the lead agency to begin implementing this Act with respect to such application within 30 days after receiving such a request. Requires the lead agency, with respect to strategic and critical materials within a federally administered unit of the National Forest System, to: (1) exempt from federal regulations governing Special Areas all areas of identified mineral resources in Land Use Designations (other than Non-Development Land Use Designations); (2) apply such exemption to all additional routes and areas that the agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of the identified mineral resources; and (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit. (Sec. 103) Declares the priority of the lead agency is to maximize mineral resource development while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place. (Sec. 104) Prescribes the Federal Register notice process for mineral exploration and mining projects. Title II: Judicial Review Of Agency Actions Relating To Exploration And Mine Permits - (Sec. 202) Bars a civil action claiming legal wrong caused by an agency action unless it is filed by the end of the 60-day period beginning on the date of the final federal agency action to which it relates. (Sec. 203) Requires the court to hear and determine any covered civil action as expeditiously as possible. (Sec. 204) Prohibits the court, in a covered civil action, from granting or approving prospective relief unless it finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct such violation. (Sec. 205) Declares inapplicable to such a civil action specified requirements of the Equal Access to Justice Act relating to award of costs and fees to a prevailing plaintiff. Prohibits payment from the federal government for court costs of a party in such a civil action, including attorneys' fees and expenses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Industry Stabilization Act of 2003''. SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 3. AVIATION INSURANCE. (a) Authority.--Section 44302(a)(1) is amended by striking ``may'' and inserting ``shall''. (b) Extension of Policies.--Section 44302(f)(1) is amended by striking ``August 31, 2003, and may extend through December 31, 2003,'' and inserting ``December 31, 2007,''. (c) Coverage.--Section 44303 is amended-- (1) in subsection (a) by striking ``In general.--'' and inserting ``In General.--''; and (2) in subsection (b)-- (A) by striking ``during the period beginning on'' and inserting ``on or after''; and (B) by striking ``and ending on December 31, 2003,''. (d) Termination Date.--Section 44310 and the item relating to such section in the analysis for chapter 443 are repealed. SEC. 4. LOAN GUARANTEES AND LINES OF CREDIT FOR AVIATION FUEL COSTS. (a) Extension of Application Period.--Notwithstanding section 1300.16 of title 14, Code of Federal Regulations, or any other provision of law or regulation, applications for Federal credit instruments authorized by section 101 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 230) may be filed for a period of 30 days following the date on which the President authorizes the military to use force against the Republic of Iraq in calendar year 2003, and the Air Transportation Stabilization Board determines that an extraordinary increase in jet fuel prices (as defined in section 11(a)(3)) has occurred. (b) Publication of Notice.--The Board shall publish a notice in the Federal Register announcing that applications may be filed under subsection (a) and another notice when the time for such applications will end. (c) Limitations on Federal Credit Instruments.--A Federal credit instrument issued by the Board in accordance with this section shall-- (1) be for the purpose of allowing an air carrier to secure financial obligations to pay for its aviation fuel purchases for a period of 6 months or the period that begins on the date the Board determines that an extraordinary increase in jet fuel prices has occurred and ends on the date that the Secretary of Transportation determines that the average price for jet fuel in calendar year 2003 is equal to or less than the average price reported by major air carriers for calendar year 2002, whichever period ends sooner; and (2) be for the actual increased aviation fuel cost incurred by the air carrier or a reasonable estimate of such cost over the average price of commercial aviation fuel reported to the Secretary of Transportation by air carriers during calendar year 2002, as determined by the Board. (d) Maximum Amount of Federal Credit Instruments.--The maximum amount of Federal credit instruments that may be issued by the Board in accordance with this section shall be $3,000,000,000. The Board shall establish a formula setting the maximum amount of Federal credit instruments that may be issued to any air carrier based on the percentage of gallons of aviation fuel consumed by that air carrier in proportion to the total gallons of aviation fuel consumed by all air carriers during calendar year 2002. (e) Special Rules.-- (1) Limitation on applicability.--Sections 102(c), 102(d)(1), and 102(d)(2) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 231- 232) shall not apply to Federal credit instruments to be issued in accordance with this section. (2) Inclusion of lines of credit.--For purposes of Federal credit instruments to be issued in accordance with this section, the term ``Federal credit instrument'', as used in section 107(2) of the Air Transportation Safety and System Stabilization Act (115 Stat. 234), includes a line of credit and a guarantee of a line of credit issued by a third party. (3) Treatment of time period.--The 2-year period referred to in section 104(a) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 233) shall be treated with respect to an application filed in accordance with subsection (a) of this section as being the 2- year period beginning on the date of enactment of this Act. (f) Savings Clause.--Nothing in this section shall be construed as affecting an application filed before the date of enactment of this Act for a Federal credit instrument authorized by section 101 of the Air Transportation Safety and Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 230). (g) Major Air Carrier Defined.--In this section, the term ``major air carrier'' has the meaning such term has under section 41720(a) of title 49, United States Code. SEC. 5. AIR MARSHALS. Not later than 90 days after all cockpit doors that are required to be strengthened under section 104(a) of the Aviation and Transportation Security Act (49 U.S.C. 44903 note; 115 Stat. 605-606) are strengthened, the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall consider whether it is necessary to require Federal air marshals to be seated in the first class cabin of an aircraft with strengthened cockpit doors and report to Congress (in classified form if necessary) on the results of such reconsideration. SEC. 6. SCREENING OF MAIL. (a) Improved Screening.--Not later than 30 days after the date of enactment of this Act, the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall undertake, without a decrease in aviation security, such action as may be necessary to improve the screening of mail so that it can be carried on passenger flights of air carriers. (b) Report.--Not later than 120 days after the date of enactment of this Act, the Under Secretary shall transmit to Congress a report on the Transportation Security Administration's pilot program to determine whether canine teams can be used to screen mail before being placed aboard passenger-carrying aircraft. SEC. 7. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND RELATED ACTIVITIES. The Under Secretary for Border and Transportation Security of the Department of Homeland Security, within available resources, shall reimburse air carriers and airports for the following: (1) All screening and related activities that the air carriers or airports perform or are responsible for performing, including-- (A) the screening of catering supplies; (B) checking documents at security checkpoints; (C) screening of passengers; and (D) screening of persons with access to aircraft. (2) The provision of space and facilities used to perform screening functions if such space and facilities have been previously used, or were intended to be used, for revenue- producing purposes. SEC. 8. REIMBURSEMENT OF AIR CARRIERS FOR FORTIFYING COCKPIT DOOR. The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall reimburse air carriers for the cost of fortifying cockpit doors in accordance with section 48301(b) of title 49, United States Code. SEC. 9. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN LOSSES RESULTING FROM WAR WITH IRAQ. (a) In General.--The Secretary of Transportation shall reimburse an air carrier for any financial losses that the Secretary determines are attributable to the loss of air traffic resulting from the use of force against the Republic of Iraq in calendar year 2003. (b) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 10. AIRLIFT SERVICES. Section 41106 is amended by adding at the end the following: ``(e) Compensation of Contractors.--An airlift services contract entered into by the Secretary of Defense and an air carrier described in subsection (a) shall ensure that the air carrier is compensated for the positioning, de-positioning, and other ferry portions of missions performed under the contract.''. SEC. 11. STRATEGIC PETROLEUM RESERVE. (a) Requirement.-- (1) Drawdown.--Notwithstanding any other provision of law, if the President authorizes the military to use force against the Republic of Iraq in calendar year 2003, the Secretary of Energy shall drawdown and distribute petroleum from the Strategic Petroleum Reserve in quantities of not less than 500,000 barrels per day, to the extent necessary to remedy a dislocation in the jet fuel market or an extraordinary increase in the price of jet fuel. (2) Dislocation in jet fuel market.--For purposes of paragraph (1), a dislocation in the jet fuel market occurs when the inventories of United States domestic jet fuel (as reported by the Department of Energy) decrease by more than 25 percent over the previous 3-year rolling average. (3) Extraordinary price increase.-- (A) In general.--For purposes of paragraph (1) and section 4, an extraordinary increase in the price of jet fuel occurs when the quotient exceeds by 50 percent the average price for jet fuel reported to the Secretary of Transportation by air carriers for 2002. (B) Calculation of quotient.--For purposes of subparagraph (A), the quotient is calculated by dividing by 2 the sum of the Gulf Coast and New York Harbor 5-day spot average prices of jet fuel. (b) Cessation.-- The Secretary of Energy may cease any drawdown under subsection (a) if the Secretary determines that-- (1) there no longer is any dislocation in the jet fuel market; or (2) in the case of a drawdown resulting from an extraordinary increase in the price of jet fuel, the quotient calculated under subsection (a)(3) no longer exceeds by 50 percent the average price for jet fuel reported to the Secretary of Transportation by air carriers for 2002. SEC. 12. CARGO CARRIED ABOARD PASSENGER-CARRYING AIRCRAFT. (a) Establishment of Working Group.--The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall establish an air cargo security working group with industry experts from the Transportation Security Administration, passenger airlines, indirect air carriers, shippers, small businesses, and other related groups to develop recommendations on the enhancement of the current known shipper program. (b) Duties of Working Group.--The working group shall analyze the effectiveness of the current known shipper program, develop recommended enhancements, and present its findings and recommendations to the Under Secretary. In developing its recommendations, the working group shall take into consideration the extraordinary air transportation needs of small or isolated communities and unique operational aspects of carriers that serve such communities. SEC. 13. FACTORS CONTRIBUTING TO AIR CARRIER FINANCIAL DIFFICULTIES. (a) Analysis.--The Comptroller General shall analyze the factors contributing to the financial difficulties of air carriers for the purpose of determining possible approaches to alleviate such difficulties. (b) Report.--Not later than 90 days after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report on the results of the analysis, together with recommendations.", "summary": "Aviation Industry Stabilization Act of 2003 - Amends Federal transportation law to change from discretionary to mandatory the authority of the Secretary of Transportation to provide insurance and reinsurance against loss or damage arising out of any risk from the operation of an American aircraft or foreign-flag aircraft.Grants the Secretary authority to extend through calendar year 2007 the termination date of any insurance policy issued to an air carrier.Makes permanent the Secretary's authority to declare an air carrier a victim of terrorism not liable for third party claims arising out of acts of terrorism.Extends the period for an air carrier to apply for a loan guarantee or line of credit to pay for its aviation fuel costs or increases in aviation fuel costs under the Air Transportation Safety and System Stabilization Act.Requires the Under Secretary for Border and Transportation Security, after all cockpit doors are strengthened, to consider and report to Congress on whether it is necessary to require Federal air marshals to be seated in the first class cabin of an aircraft with strengthened cockpit doors.Requires the Under Secretary to: (1) undertake action necessary to improve the screening of mail so that it can be carried on passenger flights; and (2) reimburse air carriers for certain screening and related activities as well as the cost of fortifying cockpit doors, and for any financial losses attributed to the loss of air traffic resulting from the use of force against Iraq in calendar year 2003.Requires that an airlift services contract entered into by the Secretary of Defense and an air carrier provide for the air carrier to be compensated for the positioning, repositioning, and other ferry portions of missions performed under the contract.Requires the Secretary of Energy, if the use of force against Iraq is authorized in calendar year 2003, to drawdown and distribute petroleum from the Strategic Petroleum Reserve to the extent necessary to remedy a dislocation in the jet fuel market or an extraordinary increase in the price of jet fuel.Establishes an air cargo security working group composed of various groups to develop recommendations on the enhancement of the current known shipper program.Directs the Comptroller General to analyze factors contributing to the financial difficulties of air carriers to determine possible approaches to alleviate such difficulties."}
{"article": "SECTION 1. PILOT PROGRAM FOR PARTNERSHIP AGREEMENTS TO CONSTRUCT NEW FACILITIES FOR THE DEPARTMENT OF VETERANS AFFAIRS. (a) Program Authorized.-- (1) In general.--The Secretary of Veterans Affairs may carry out a program under which the Secretary may enter into not more than five partnership agreements with entities described in paragraph (2) to conduct one or more-- (A) super construction projects (as defined in section 8103(e)(3) of title 38, United States Code); (B) major medical facility projects (as defined in section 8104(a)(3) of title 38, United States Code); or (C) major construction projects to construct new cemeteries or to develop additional gravesites or columbarium niches at existing cemeteries. (2) Entities described.--Entities described in this paragraph are the following: (A) A State or local authority. (B) An organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (C) A limited liability corporation. (D) A private entity. (E) A donor or donor group. (F) Any other non-Federal Government entity. (b) Application of Certain Laws.--The authority under this section may be carried out notwithstanding any other provision of law (including section 8103(e) of title 38, United States Code), except for-- (1) Federal laws relating to environmental and historic preservation; and (2) subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (c) Selection of Projects.-- (1) In general.--Except as provided in paragraph (2), the projects that the Secretary may select for the program are projects for which-- (A)(i) Congress has appropriated partial funding for the project; or (ii) The Department of Veterans Affairs has identified a need for the project through its long- range capital planning process by listing the project on the Major Construction Strategic Capital Investment Planning priority list included in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code; and (B) an entity described in subsection (a)(2) has entered into or is willing to enter into a formal agreement with the Secretary to independently finance or donate amounts for the project, in an amount acceptable and at no additional cost to the Federal Government. (2) Selected construction project.-- (A) In general.--One of the five partnership agreements that the Secretary is authorized to enter into under subsection (a) is a partnership agreement to conduct a project to design, finance, and construct a new ambulatory care center in Omaha, Nebraska. (B) Space and parking.--The project described in subparagraph (A) shall include space and parking as determined necessary by the Secretary. (C) Contribution of funds.--The Secretary may contribute funds for the project described in subparagraph (A) in an amount not to exceed $56,000,000, and in no event shall the contribution or liability of the Secretary exceed such amount except to the extent that additional funds are appropriated for the project. (d) Requirements of Entities.-- (1) Agreements.--Each partnership agreement entered into under subsection (a) with an entity described in paragraph (2) of that subsection for the conduct of a project under this section shall provide for the following: (A) The entity shall conduct any necessary environmental and historic preservation due diligence, comply with local zoning requirements (except for studies and consultations required of the Department under Federal law), and obtain any permits required before beginning construction in connection with the project. (B) The entity shall use construction standards required of the Department when designing and building the project, except to the extent the Secretary determines otherwise. (C) The entity shall establish a Board of Directors described in paragraph (2) to oversee the conduct of the project (in this section referred to as the ``Board''). (2) Board of directors.-- (A) Composition.-- (i) In general.--The Board shall be comprised of not fewer than 5 and not more than 10 members as follows: (I) Not fewer than one member shall be a veteran who is not an employee of the Department. (II) Not fewer than one member shall be an employee of the Department and function as a nonvoting member of the Board. (ii) Chair.--The Board shall designate a Chair from among the members of the Board to oversee the activities of the Board. (iii) Conflicts.--All current or proposed members of the Board shall promptly disclose any actual or potential conflicts to the Secretary and must agree as a condition of their appointment to the Board to remove themselves from membership on the Board if the Chair and Secretary jointly agree that doing so is appropriate due to an actual or potential conflict. (B) Charter.--Not later than 180 days after inception, or such other timeframe as the Secretary may approve, the Board shall establish a written charter to describe the roles, responsibilities, policies, and procedures of operation of the Board to ensure successful project management, design, and construction, and completion of the designated project. (C) Duties.-- (i) In general.--The Board shall be responsible for overseeing the activities needed to finance, design, and construct the designated project for the Department. (ii) Updates.--The Board shall submit to the Secretary written updates regarding the status of the designated project at such time and in such manner as the Secretary shall specify. (D) Defense to department.--The Board shall defer to the Secretary on all matters that are inherent to the mission and operations of the Department, including conditional or final acceptance of the designated project. (E) Dissolution.--The Board may not dissolve until after the Secretary has provided final acceptance of the completion of the designated project to the Board, plus such additional time or contingencies as the Board and the Secretary may jointly approve. (e) Project Funds.-- (1) From department.-- (A) In general.--Except as provided in subsection (c)(2), and except to the extent that additional funds are appropriated for a project, the Secretary may provide funds to help finance, design, and construct the project in an amount not to exceed the total amount appropriated for the project at the time of the partnership agreement under subsection (a) between the Department and the entity described in subsection (a)(2) that is conducting the project. (B) Terms and conditions.--The Secretary shall provide funds pursuant to subparagraph (A) under such terms, conditions, and schedule as the Secretary determines appropriate. (2) From entity.--The entity described in subsection (a)(2) that is conducting the project shall be required to contribute all funds in addition to the funds provided under paragraph (1) that are needed to complete the project. (f) Application.--To be eligible to participate in the program under this section, entities described in subsection (a)(2) shall submit to the Secretary an application to address needs relating to facilities of the Department, including health care needs, identified in the Construction and Long-Range Capital Plan of the Department, at such time, in such manner, and containing such information as the Secretary may require, including the following: (1) The name, resume, and description of the experience of the project manager for each project that the entity is proposing to pursue with the Secretary under the program. (2) A description of the proposed monetary and non-monetary contributions of the entity for the project, and how future funding will be secured. (3) A description of the process the entity would use to select a third-party contractor or developer, as applicable, to perform the work necessary to complete the project. (4) A description of the Board and project management plan that the entity will use, to ensure concise and consistent communication between all parties involved in the project. (5) A description of the procedures that the entity will use to review, monitor, and process change orders when received, including how input and feedback by the Department will be incorporated, particularly for issues that would affect the time or cost of the project. (6) A detailed estimate of the costs to complete the project. (7) A description of the estimated timeline for completion of the project and milestones associated with the activities needed to finance, design, and construct the project. (8) An agreement to obtain an independent annual financial audit of all activities and costs relating to the project in accordance with generally accepted accounting principles. (9) Such other information as the Secretary may require. (g) Annual Report on Projects.-- (1) In general.--The Secretary shall include in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code, information regarding any projects conducted under this section during the year preceding the submittal of the budget. (2) Elements.--Each report submitted under paragraph (1) shall provide a detailed status of projects conducted under this section, including the percentage completion of the project. (h) Comptroller General Report.--The Comptroller General of the United States shall submit to Congress a biennial report on the partnership agreements entered into under the program under this section. (i) Rule of Construction.--Nothing in this section shall be construed as a limitation on the authority of the Secretary to enter into other agreements that are authorized by law and not inconsistent with this section.", "summary": "This bill authorizes the Department of Veterans Affairs (VA) to carry out a program under which it may enter into up to five partnership arrangements with a state or local authority, a tax exempt non-profit corporation, a limited liability corporation, a private entity, a donor, or other non-federal entity to conduct: super construction projects (a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million); major medical facility projects (a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $10 million, excluding an acquisition by exchange); or major construction projects to construct a new cemeteries or to develop additional gravesites or columbarium niches at existing cemeteries. The VA may select projects for which: (1) Congress has appropriated partial funding or the VA has identified a need through its long-range capital planning process by listing it on the Major Construction Strategic Capital Investment Planning priority list included in the annual budget submitted to Congress by the President, and (2) a non-federal entity has entered into or is willing to enter into a formal agreement with the VA to independently finance or donate an acceptable amount of project funds at no additional cost to the federal government. One of the non-federal entity partnership agreements shall be a project to design, finance, and construct a new ambulatory care center in Omaha, Nebraska. Each partnership agreement shall require the partner entity to: conduct necessary environmental and historic preservation due diligence, comply with local zoning requirements, and obtain any permits required for construction; use construction standards required of the VA when designing and building the project, except to the extent the VA determines otherwise; and establish a Board of Directors to oversee the project. The VA shall include in the annual budget submitted to Congress by the President information regarding any projects conducted under this bill during the preceding year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Program Administrative Reform Act of 1998''. SEC. 2. ASSESSMENT UPON TOBACCO PRODUCT MANUFACTURERS AND IMPORTERS TO COVER DEPARTMENT OF AGRICULTURE COSTS ASSOCIATED WITH TOBACCO PROGRAMS. (a) Covered Department Costs.--Not later than September 30 of each fiscal year, the Secretary of Agriculture shall estimate the costs to be incurred by the Department of Agriculture during the next fiscal year-- (1) to administer the tobacco quota program under subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.); (2) to administer the tobacco price support program under sections 106, 106A, and 106B of the Agricultural Act of 1949 (7 U.S.C. 1445, 1445-1, 1445-2); (3) to carrying out crop insurance programs for tobacco, including the costs to be incurred by the Federal Crop Insurance Corporation under section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)) to pay the premium for catastrophic risk protection for tobacco crops and the Federal portion of the premium for various additional coverages available for tobacco crops; and (4) to extension services related to tobacco production and marketing. (b) Adjustment of Estimate.--If the estimate prepared for a fiscal year under subsection (a) proves to be insufficient to cover the actual costs described in such subsection that were incurred by the Department during that fiscal year, the Secretary shall adjust the estimate for the next fiscal year to recoup the additional costs incurred by Department and paid out of Department funds. (c) Market Share and Assessment Determinations.--As soon as possible after preparing the estimate for a fiscal year under subsection (a), the Secretary shall determine the market share of each tobacco product manufacturer and each tobacco product importer during the most recent calendar year and the amount of the assessment payable by the tobacco product manufacturer or tobacco product importer for that fiscal year. (d) Individual Amount of Assessments.--The amount of an assessment payable by each tobacco product manufacturer and tobacco product importer under this section for a fiscal year shall be equal to the product obtained by multiplying-- (1) the total amount of costs estimated by the Secretary under subsection (a), as adjusted under subsection (b), for that fiscal year; by (2) the market share of the tobacco product manufacturer or tobacco product importer during the most recent calendar year determined under subsection (d). (e) Collection, Deposit, and Availability of Assessments.-- (1) Collection.--At such time each fiscal year and in such manner as the Secretary may prescribe, each tobacco product manufacturer and tobacco product importer shall remit to the Secretary a nonrefundable assessment in the amount determined for that tobacco product manufacturer or tobacco product importer for that year under subsection (d). The Secretary may enforce the collection of assessments under this paragraph in the courts of the United States. (2) Tobacco assessment fund.--There is established in the Treasury of the United States a fund to be known as the ``Tobacco Assessment Fund'', which shall consist of all assessments collected under paragraph (1). (3) Authorized uses of fund.--Amounts in the Tobacco Assessment Fund shall be available to the Secretary, without further appropriation, to cover the Department costs described in subsection (a). (4) Refunds.--If the Secretary determines that amounts collected under paragraph (1) for a fiscal year and deposited in the Tobacco Assessment Fund exceed the amounts required to cover anticipated Department costs under subsection (a) for that fiscal year, plus a reasonable reserve, the Secretary shall refund the excess amounts to tobacco product manufacturers and tobacco product importers using the same proportion for each tobacco product manufacturer and tobacco product importer as used in the original assessment. (f) Effect on Crop Insurance Premiums; Existing Assessments.--(1) Amounts made available to the Secretary under this section may not be used to change the crop insurance premiums assessed to tobacco producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) relative to other crops. (2) Nothing in this section shall be construed to alter the assessments imposed and collected-- (A) for deficit reduction purposes under section 106(g) of the Agricultural Act of 1949 (7 U.S.C. 1445(g)); or (B) to finance operations of No Net Cost Tobacco Funds under section 106A of such Act (7 U.S.C. 1445-1) and No Net Cost Tobacco Accounts under section 106B of such Act (7 U.S.C. 1445-2). (g) Definitions.--For purposes of this section: (1) Tobacco product importer.--The term ``tobacco product importer'' has the meaning given the term ``importer'' in section 5702 of the Internal Revenue Code of 1986 (26 U.S.C. 5702). (2) Tobacco product manufacturer.--The term ``tobacco product manufacturer'' has the meaning given the term ``manufacturer of tobacco products'' in section 5702 of the Internal Revenue Code of 1986 (26 U.S.C. 5702); except that the term does not include a person that only manufactures cigars or pipe tobacco. (3) Market share.--The term ``market share'' means the ratio of-- (A) the tax liability of a tobacco product manufacturer or tobacco product importer for a calendar year under section 5703 of the Internal Revenue Code of 1986 (26 U.S.C. 5703); to (B) the tax liability of all tobacco product manufacturers and tobacco product importers for that calendar year under such section. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Department.--The term ``Department'' means the Department of Agriculture.", "summary": "Tobacco Program Administrative Reform Act of 1998 - Directs the Secretary of Agriculture to: (1) estimate the annual (fiscal year) Department of Agriculture tobacco program costs; and (2) assess tobacco importers and product manufacturers based upon cost and market share. Establishes in the Treasury the Tobacco Assessment Fund."}
{"article": "SECTION 1. REAUTHORIZATION AND UPDATING AMENDMENTS. The Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692) is updated as follows: (1) In section 2, by adding at the end the following: ``(6) The Corridor contained the only historic system of the Industrial Revolution that integrated anthracite mining and resource extraction, canals and railroads, commerce and heavy industry, and a remarkable number of the historic elements of the system are intact.''. (2) In section 4, by striking ``Environmental Resources'' and inserting ``Conservation and Natural Resources''. (3) In section 8-- (A) in subsection (b), by inserting ``and review and approval by the Secretary of the strategic plan'' after ``in section 10(a)''; (B) by inserting ``and the strategic plan'' after ``goals of the Plan''; (C) by amending the text of subsection (b)(1) to read as follows: ``assisting the Commonwealth, political subdivisions and non-profit agencies in preserving the historic transportation system of Canals and overland railroads and the maintenance of the system as a trail significant to nation;''; (D) in subsection (b)(2), by striking ``governments'' and inserting ``agencies''; (E) in subsection (b)(3), by striking ``in the Corridor'' and inserting ``and heighten the understanding of the Corridor's nationally important stories''; and (F) by adding at the end the following: ``(c) Stategic Plan.--The Corporation shall develop a Strategic Plan that takes in account the findings and recommendations of the study titled `Connecting Stories, Landscapes and People: Exploring the Delaware and Lehigh National Heritage Corridor Partnership' conducted by the National Park Service Conservation Study Institute. The strategic plan shall complement the management plan for the Corridor by guiding future investment, strengthening and serving the partnership network, positioning the Corridor to take advantage of opportunities, and prioritizing actions.''. (4) In section 9, by adding at the end the following: ``(c) Corporation as Local Management Entity.--Upon the date of the enactment of this subsection, the local management entity for the corridor shall be the Corporation. ``(d) Implementation of Management Plan.--The Corporation will assume the duties of the Commission for the implementation of the management action plan. ``(e) Use of Funds.--The Corporation may use Federal funds made available under this Act-- ``(1) to make grants to and enter into cooperative agreements with the Commonwealth, political subdivisions, nonprofit organizations, and individuals; ``(2) to hire, train, and compensate staff; ``(3) to enter into contracts for goods and services; and ``(4) to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money.''. (5) In section 10-- (A) in subsection (c), by striking ``shall assist the Commission'' and inserting ``shall, upon the Corporation's request, assist''; (B) in subsection (d), by striking ``Commission'' each place it appears and inserting ``Corporation''; and (C) by adding at the end the following: ``(e) Transition MOU.--The Secretary shall enter into a memorandum of understanding with the Corporation to assure appropriate transition of the local management to the Corporation and coordination with the Corporation regarding the implementation of the management action plan. ``(f) Special Resource Studies.-- ``(1) Sites and features.--The Secretary shall conduct a special resource study of sites and associated landscape features within the boundaries of the Corridor that contribute to the understanding of the Corridor's national significance. To provide appropriate context regarding the contribution of anthracite mining, industries, transportation and commerce to the nation's growth and industrial development, the special resource study shall review the resources of the greater anthracite region of Pennsylvania covered by other designated national heritage areas. ``(2) Potential designation.-- ``(A) Authorization.--Not later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary, in coordination with the Corporation, shall complete the special resource study to evaluate the possibility of-- ``(i) designating one or more site or landscape feature as a unit of the National Park System; and ``(ii) coordinating and complementing actions by the Corporation, Commonwealth, political subdivisions and non-profit agencies, in the preservation and interpretation of significant resources within the Corridor and greater anthracite region. ``(B) Study.--Not later than 30 days after the date on which the special resource study is completed, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the findings, conclusions, and recommendations of the study.''. (6) In section 12-- (A) by striking ``Commission'' each place it appears and inserting ``Corporation''; and (B) by striking ``2007'' and inserting ``2019''. (7) In section 13, by striking ``Commission'' and inserting ``Corporation''. (8) In section 14-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(7) the term `Corporation' means the Delaware and Lehigh National Heritage Corridor, Incorporated, an organization described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation.''.", "summary": "Amends the Delaware and Lehigh National Heritage Corridor Act of 1988 to revise the appropriate steps the Delaware and Lehigh Navigation Canal National Heritage Corridor Commission is required to take in implementing its Cultural Heritage and Corridor Management Plan for the Delaware and Lehigh Navigation Canal National Heritage Corridor. Requires the Delaware and Lehigh National Heritage Corridor, Incorporated to develop a Strategic Plan for the Corridor that takes into account the findings and recommendations of a specified study conducted by the National Park Service Conservation Study Institute. Requires the plan to compliment the Corridor's management plan. Makes the Corporation the management entity for the Corridor, assuming the Commission's duties in implementing the management action plan. Authorizes the Corporation to use federal funds to make grants to and enter into cooperative agreements with Pennsylvania, local governments, nonprofit corporations, and individuals. Requires the Secretary of the Interior to conduct a special resource study of sites and associated landscape features within the Corridor, including resources of the greater anthracite region of Pennsylvania covered by other designated national heritage areas, that contribute to the understanding of the Corridor's national siginificance. Requires the Secretary, in coordination with the Corporation, to evaluate and report to specified congressional committees on the possibility of: (1) designating one or more sites or landscape features as a unit of the National Park System; and (2) coordinating and complementing actions by the Corporation, Pennsylvania, local governments, and nonprofit agencies in the preservation and interpretation of significant resources within the Corridor and greater anthracite region. Extends the Corporation, in place of the Commission, through November 18, 2019."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Sand Dunes National Recreation Area Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means land owned and managed by the Bureau of Land Management in Washington County in the State. (2) Map.--The term ``map'' means the map prepared by the Bureau of Land Management entitled ``Hurricane Sand Dunes National Recreation Area'' and dated November 14, 2014. (3) Non-federal land.--The term ``non-Federal land'' means the State land identified on the map as State land. (4) Proposed exchange parcel.--The term ``proposed exchange parcel'' means the approximately 1,205 acres of Bureau of Land Management land identified on the map as ``Proposed Exchange Parcel''. (5) Recreation area.--The term ``Recreation Area'' means the Hurricane Sand Dunes National Recreation Area established by section 3(a). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Utah. SEC. 3. HURRICANE SAND DUNES NATIONAL RECREATION AREA, UTAH. (a) Designation.--There is established in the State the Hurricane Sand Dunes National Recreation Area to provide for-- (1) the enhancement of recreational uses; and (2) the use of off-highway vehicles. (b) Boundary.-- (1) In general.--The Recreation Area shall consist of the approximately 18,447 acres of Bureau of Land Management land in the State identified on the map as ``Open OHV Area''. (2) Exclusion.--The proposed exchange parcel shall be excluded from the Recreation Area. (c) Administration of Recreation Area and Proposed Exchange Parcel.--The Secretary, acting through the Director of the Bureau of Land Management, shall-- (1) administer the Recreation Area and proposed exchange parcel-- (A) in accordance with-- (i) the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) applicable land use plans; and (B) consistent with the administration of the Sand Mountain Open OHV Area, as in existence on the day before the date of enactment of this Act; and (2) only allow uses of the Recreation Area that are consistent with the purposes described in subsection (a). (d) Fish and Wildlife.--Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent Management.--Nothing in this section creates any protective perimeter or buffer zone around the Recreation Area. (f) Use of Off-Highway Vehicles.--The land described in subsection (b)(1) shall remain open, in perpetuity, to the use of off-highway vehicles. SEC. 4. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. (a) In General.--If the State offers to convey to the United States title to the non-Federal land, the Secretary shall-- (1) accept the offer; and (2) on receipt of all right, title, and interest in and to the non-Federal land, convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Valid Existing Rights.--The exchange authorized under subsection (a) shall be subject to valid existing rights. (c) Title Approval.--Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format acceptable to the Secretary and the State. (d) Appraisals.-- (1) In general.--The value of the Federal land and the non- Federal land to be exchanged under this section shall be determined by appraisals conducted by 1 or more independent appraisers retained by the State, with the consent of the Secretary. (2) Applicable law.--The appraisals under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions. (3) Approval.--The appraisals conducted under paragraph (1) shall be submitted to the Secretary and the State for approval. (e) Equal Value Exchange.-- (1) In general.--The value of the Federal land and non- Federal land to be exchanged under this section-- (A) shall be equal; or (B) shall be made equal in accordance with paragraph (2). (2) Equalization.-- (A) Surplus of federal land.--If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State-- (i) by reducing the acreage of the Federal land to be conveyed; or (ii) by adding additional State land to the non-Federal land to be conveyed. (B) Surplus of non-federal land.--If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized by reducing the acreage of the non-Federal land to be conveyed, as determined to be appropriate and acceptable by the Secretary and the State. (f) Status and Management of Non-Federal Land.--On conveyance to the Secretary, the non-Federal land shall, in accordance with section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 1716(c)), be added to, and administered by the Secretary as part of, the Recreation Area.", "summary": "Hurricane Sand Dunes National Recreation Area Act of 2015 Establishes the Hurricane Sand Dunes National Recreation Area in Utah, consisting of approximately 18,447 acres of land managed by the Bureau of Land Management, to provide for the enhancement of recreational uses and the use of off-highway vehicles. Excludes 1,205 acres to be used in a land exchange under this Act. Provides for the conveyance of federal lands in Washington County, Utah, in an equal-value exchange for certain non-federal lands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Arsenic-Treated Wood Mandatory Labeling Act''. SEC. 2. FINDINGS. Congress finds that-- (1) inorganic arsenic compounds, such as chromated copper arsenate (referred to in this Act as ``CCA''), are used as wood preservatives; (2) according to the Environmental Protection Agency-- (A) inorganic arsenic is a human poison; (B) exposure to inorganic arsenic may be fatal; and (C) at low levels, inorganic arsenic exposure may cause-- (i) nausea, vomiting, and diarrhea; (ii) decreased production of red and white blood cells; (iii) abnormal heart rhythm; and (iv) blood vessel damage; (3) the Department of Health and Human Services has determined that arsenic is a known carcinogen; (4) breathing inorganic arsenic increases the risk of lung cancer; (5) ingesting inorganic arsenic increases the risk of skin cancer and tumors of the bladder, kidney, liver, and lung; (6) to protect against health risks associated with the use of CCA, CCA is classified as a ``restricted use chemical''; (7) as a restricted use chemical, CCA may be purchased and used only by a certified applicator (or a person under the direct supervision of a certified applicator) whose certification specifically covers the purchase and use of CCA; (8) individuals who use arsenic to treat wood are required to wear-- (A) protective clothing; and (B) a respirator, if the level of arsenic in the ambient air of the workplace of the individual-- (i) is unknown; or (ii) exceeds the permissible exposure limit of 10 micrograms per cubic meter of air averaged over an 8-hour workday, as required under standards established by the Occupational Safety and Health Administration; (9) producers of pressure-treated wood are required to provide consumer information sheets to all lumber yards and other retailers of treated wood products; (10) those information sheets provide instructions on how consumers should handle treated wood products, such as instructions on the use of protective gloves, coveralls, and face masks when sawing treated wood products; and (11) because many consumers in the United States are unaware of the dangers of mishandling arsenic-treated wood, an appropriate consumer warning label should be affixed to each piece of arsenic-treated wood sold in the United States. SEC. 3. LABELING OF ARSENIC-TREATED WOOD. The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``Subtitle D--Commodity-Specific Labeling Standards ``SEC. 281. DEFINITION OF SECRETARY. ``In this subtitle, the term `Secretary' means the Secretary of Agriculture. ``SEC. 282. LABELING OF ARSENIC-TREATED WOOD. ``Each piece of arsenic-treated wood offered for sale in the United States shall have affixed to the piece of wood a consumer warning label that displays each of the following statements (or substantially similar statements, as determined by the Secretary): ``(1) `This piece of wood has been treated with arsenic.'. ``(2) `Arsenic exposure through the mishandling of this wood can cause cancer, nausea, vomiting, or diarrhea.'. ``(3) `Never burn this wood; doing so will release arsenic into the air.'. ``(4) `To avoid the health risks associated with mishandling arsenic-treated wood, you must wear gloves, goggles, coveralls, and face masks when working with it.'. ``(5) `Wash exposed body areas thoroughly with soap and water after working with arsenic-treated wood.'. ``SEC. 283. REGULATIONS. ``The Secretary shall promulgate such regulations as are necessary to ensure compliance with, and otherwise carry out, this subtitle. ``SEC. 284. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as are necessary to carry out this subtitle.''. SEC. 4. REPORTS TO CONGRESS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Report on Ongoing Arsenic Review.--Not later than 60 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall submit to Congress a report that-- (1) provides an update on the status of any ongoing review by the Environmental Protection Agency of the health risks associated with exposure to arsenic (including an estimated date of completion of the review); and (2) includes recommendations for interim guidelines, pending the completion of the review described in paragraph (1), for the use of arsenic-treated wood in public and recreational facilities (including parks and playground equipment). (c) Report on Results of Arsenic Review.--Not later than 30 days after the date of completion of the review described in subsection (b)(1), the Administrator, in consultation with the Secretary, shall submit to Congress a report that-- (1) describes the results of the review; and (2) includes recommendations for final guidelines, pending the completion of the review described in paragraph (1), for the use of arsenic-treated wood in public and recreational facilities (including parks and playground equipment).", "summary": "Arsenic-Treated Wood Mandatory Labeling Act - Amends the Agricultural Marketing Act of 1946 to require that a specified warning label be affixed to arsenic-treated wood sold in the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Safety Improvement Act of 2002''. SEC. 2. MICROBIOLOGICAL PERFORMANCE STANDARDS. (a) Meat.--The Federal Meat Inspection Act is amended by inserting after section 8 (21 U.S.C. 608) the following: ``SEC. 8A. MICROBIOLOGICAL PERFORMANCE STANDARDS. ``(a) In General.--In order to protect the public health and promote food safety, the Secretary shall by regulation prescribe performance standards for the reduction of microbiological pathogens in meat and meat products processed by each establishment receiving inspection services under this Act. ``(b) Enforcement.--If the Secretary determines that an establishment fails to meet a standard established under subsection (a) and that the establishment fails to take actions necessary to meet the standard, as determined by the Secretary, the Secretary shall refuse to allow any meat or meat product subject to the standard and processed by the establishment to be labeled, marked, stamped, or tagged as `inspected and passed'.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 7 (21 U.S.C. 456) the following: ``SEC. 7A. MICROBIOLOGICAL PERFORMANCE STANDARDS. ``(a) In General.--In order to protect the public health and promote food safety, the Secretary shall by regulation prescribe performance standards for the reduction of microbiological pathogens in poultry and poultry products processed by each establishment receiving inspection services under this Act. ``(b) Enforcement.--If the Secretary determines that an establishment fails to meet a standard established under subsection (a) and that the establishment fails to take actions necessary to meet the standard, as determined by the Secretary, the Secretary shall refuse to allow any poultry or poultry product subject to the standard and processed by the establishment to be labeled, marked, stamped, or tagged as `inspected and passed'.''. (c) Effectiveness of Current Regulations.--Consistent with section 553 of title 5, United States Code, the Secretary of Agriculture shall have the authority to enforce the microbiological performance standards of the Secretary in effect on January 1, 2000. SEC. 3. LIVESTOCK AND POULTRY TRACEBACK. (a) Livestock.--Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 25. LIVESTOCK TRACEBACK. ``(a) In General.--The Secretary shall, as the Secretary determines necessary, prescribe by regulation that cattle, sheep, swine, goats, horses, mules, and other equines presented for slaughter for human food purposes be identified in the manner prescribed by the Secretary to enable the Secretary to trace each animal to any premises at which the animal has been held for such period prior to slaughter that the Secretary determines necessary to carry out this Act. ``(b) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any cattle, sheep, swine, goats, horses, mules, or other equines not identified as prescribed by the Secretary. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify livestock pursuant to subsection (a) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the livestock. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any cattle, sheep, swine, goats, horses, mules, or other equines, or carcasses thereof, were held. ``(e) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any cattle, sheep, swine, goats, horses, mules, or other equines, or the carcasses thereof. ``(f) Pathogens.--If the Secretary finds any human pathogen, disease, or any residue in any cattle, sheep, swine, goats, horses, mules, or other equines at the time they are presented for slaughter or in any carcasses, parts of carcasses, meat, or meat food product prepared in an official establishment and the Secretary finds that there is a reasonable probability that human consumption of any meat or meat food product containing the human pathogen, disease, or residue presents a threat to public health, the Secretary may prohibit or restrict the movement of any animals, carcasses, parts of carcasses, meat, meat food product, or any other article from any source of the human pathogen, disease, or residue until the Secretary determines that the human pathogen, disease, or residue at the source no longer presents a threat to public health. ``(g) Use of Common Methods.--The Secretary shall use any means of identification and recordkeeping methods used by producers or handlers of cattle, sheep, swine, goats, horses, mules, or other equines whenever the Secretary determines that such means of identification and recordkeeping methods will enable the Secretary to carry out this section.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 23 (21 U.S.C. 467e) the following: ``SEC. 23A. POULTRY TRACEBACK. ``(a) In General.--The Secretary shall, as the Secretary determines necessary, prescribe by regulation that poultry presented for slaughter for human food purposes be identified in the manner prescribed by the Secretary to enable the Secretary to trace each animal to any premises at which the animal has been held for such period prior to slaughter that the Secretary determines necessary to carry out this Act. ``(b) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any poultry not identified as prescribed by the Secretary. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify poultry pursuant to subsection (a) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the poultry. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any poultry, or carcasses thereof, were held. ``(e) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any poultry or the carcasses thereof. ``(f) Pathogens.--If the Secretary finds any human pathogen, disease, or any residue in any poultry at the time the poultry is presented for slaughter or in any carcasses, parts of carcasses, poultry, or poultry food product prepared in an official establishment and the Secretary finds that there is a reasonable probability that human consumption of any poultry or poultry food product containing the human pathogen, disease, or residue presents a threat to public health, the Secretary may prohibit or restrict the movement of any animals, carcasses, parts of carcasses, poultry, poultry food product, or any other article from any source of the human pathogen, disease, or residue until the Secretary determines that the human pathogen, disease, or residue at the source no longer presents a threat to public health. ``(g) Use of Common Methods.--The Secretary shall use any means of identification and recordkeeping methods used by producers or handlers of poultry whenever the Secretary determines that such means of identification and recordkeeping methods will enable the Secretary to carry out this section.''. SEC. 4. STATE REPORTING OF FOOD BORNE PATHOGEN ILLNESSES. (a) Meat.--Section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) State Reporting of Food Borne Pathogen Illnesses.--Each State shall report to the Secretary and the Secretary of Health and Human Services any outbreak of food borne pathogen illnesses from meat and meat products in the State.''. (b) Poultry.--Section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) State Reporting of Food Borne Pathogen Illnesses.--Each State shall report to the Secretary and the Secretary of Health and Human Services any outbreak of food borne pathogen illnesses from poultry and poultry products in the State.''. SEC. 5. EMPLOYEE PROTECTION. (a) Meat.--The Federal Meat Inspection Act is amended by inserting after section 405 (21 U.S.C. 675) the following: ``SEC. 405A. EMPLOYEE PROTECTION. ``(a) In General.--No establishment at which inspection is maintained under this Act may harass, prosecute, hold liable, or discriminate against any employee or other person because the employee or other person-- ``(1) is assisting or demonstrating an intent to assist in achieving compliance with this Act (including any regulation); ``(2) is refusing to violate or assist in the violation of this Act (including any regulation); or ``(3) has commenced, caused to be commenced, or is about to commence a proceeding, has testified or is about to testify at a proceeding, or has assisted or participated or is about to participate in any manner in such a proceeding or in any other action to carry out this Act. ``(b) Complaints.--Not later than 1 year after an alleged violation occurred, an employee or other person alleging a violation of this section, or another person at the request of the employee, may file a complaint with the Secretary. ``(c) Remedial Action.--If the Secretary determines, on the basis of a complaint, that an establishment violated subsection (a), the Secretary shall order the establishment to-- ``(1) take affirmative action to abate the violation; and ``(2) pay compensatory damages, including back pay, to the aggrieved employee or other person.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 12 (21 U.S.C. 461) the following: ``SEC. 12A. EMPLOYEE PROTECTION. ``(a) In General.--No establishment at which inspection is maintained under this Act may harass, prosecute, hold liable, or discriminate against any employee or other person because the employee or other person-- ``(1) is assisting or demonstrating an intent to assist in achieving compliance with this Act (including any regulation); ``(2) is refusing to violate or assist in the violation of this Act (including any regulation); or ``(3) has commenced, caused to be commenced, or is about to commence a proceeding, has testified or is about to testify at a proceeding, or has assisted or participated or is about to participate in any manner in such a proceeding or in any other action to carry out this Act. ``(b) Complaints.--Not later than 1 year after an alleged violation occurred, an employee or other person alleging a violation of this section, or another person at the request of the employee, may file a complaint with the Secretary. ``(c) Remedial Action.--If the Secretary determines, on the basis of a complaint, that an establishment violated subsection (a), the Secretary shall order the establishment to-- ``(1) take affirmative action to abate the violation; and ``(2) pay compensatory damages, including back pay, to the aggrieved employee or other person.''. SEC. 6. BIOLOGICAL THREATS TO FOOD SUPPLY. Section 409 of the Federal Meat Inspection Act (21 U.S.C. 679) is amended by adding at the end the following: ``(c) Biological Threats to Food Supply.--The Secretary and the Secretary of Health and Human Services shall-- ``(1) identify potential biological threats to the food supply of the United States; and ``(2) prepare and (as necessary) implement a rapid response plan to prevent or respond to the threats.''. SEC. 7. STUDY OF RECRUITMENT OF INSPECTORS. (a) In General.--The Secretary of Agriculture shall conduct a study of means of improving the recruitment of individuals to serve as inspectors under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), particularly in urban areas. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the study conducted under subsection (a). SEC. 8. RAPID DETECTION METHODS. (a) Study.-- (1) In general.--The Secretary of Agriculture shall conduct a study to determine whether chlorophyll detector technology, or other rapid detection technologies, should be required to be used by each establishment receiving inspection services under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) to detect the presence of manure carrying E. coli bacteria and other human pathogens in meat, meat products, poultry, and poultry products. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the study conducted under paragraph (1). (b) Research and Development.--The Secretary may enter into contracts with qualified persons to carry out research on, and development of, technology described in subsection (a)(1).", "summary": "Meat and Poultry Products Safety Improvement Act of 2002 - Amends the Federal Meat Inspection Act, and the Poultry Inspection Act, respectively, to: (1) direct the Secretary of Agriculture to prescribe performance standards for the reduction of pathogens in meat and meat products, and poultry and poultry products processed in an establishment inspected under such Acts; (2) direct the Secretary, in the case of an establishment failing to meet such standards, to prohibit such establishment from labeling any meat or poultry product as \"inspected or passed\"; (3) direct the Secretary to prescribe by regulation that poultry, cattle, sheep, swine, goats, or equines presented for slaughter for human consumption be identified in a manner permitting traceback of holding premises; (4) authorize the Secretary, in the instance of a finding of human pathogen, disease, or residue at a slaughtering or processing establishment, to prohibit the transfer of meat poultry, or products whose human consumption may pose a risk to public health; (5) provide protections for employees who assist in achieving compliance with the provisions of this Act; and (6) require State reporting of food borne pathogen illnesses.Amends the Federal Meat Inspection Act to direct the Secretary and the Secretary of Health and Human Services to identify biological threats to the U.S. food supply, and prepare a response plan.Directs the Secretary to study whether chlorophyl detector technology or other rapid detection technologies should be used by inspected establishments to detect E. coli bacteria and other human pathogens. Authorizes the Secretary to enter into contracts for related research and technology development."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Conduit Deployment Act of 2015''. SEC. 2. INCLUSION OF BROADBAND CONDUIT INSTALLATION IN CERTAIN HIGHWAY CONSTRUCTION PROJECTS. (a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 330. Inclusion of broadband conduit installation in certain highway construction projects ``(a) Requirement.-- ``(1) In general.--The Secretary shall require States to evaluate the need for broadband conduit in accordance with this section as part of any covered highway construction project. ``(2) Consultation.--This evaluation shall be done in consultation with local and national telecommunications providers, including telecommunications service and equipment providers. ``(3) Results of evaluation.--If the evaluation reveals an anticipated need in the next 15 years for broadband conduit beneath hard surfaces to be constructed by the project, the conduit shall be installed under the hard surfaces as part of the covered highway construction project. ``(b) Installation Requirements.--In carrying out subsection (a), the Secretary shall ensure with respect to a covered highway construction project that-- ``(1) an appropriate number of broadband conduits, as determined by the Administrator of the National Telecommunications and Information Administration, are installed along such highway to accommodate multiple broadband providers, with consideration given to the availability of existing conduits; ``(2) the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand, as determined by the Administrator; and ``(3) hand holes and manholes for fiber access and pulling with respect to each such conduit are placed at intervals consistent with industry best practices, as determined by the Administrator. ``(c) Standards.--The Secretary, in consultation with the Administrator, shall establish standards, consistent with applicable requirements in section 156 of this title, section 1.23, part 645, and part 710 of title 23, Code of Federal Regulations, and the Approved Utility Accommodation Manual, to carry out subsection (b) that consider-- ``(1) the ability to accommodate broadband installation without impacting the safety, operations, and maintenance of the highway facility, its users, or others; ``(2) population density in the area of a covered highway construction project; ``(3) the type of highway involved in such project; and ``(4) existing broadband access in the area of such project. ``(d) Pull Tape.--The Secretary shall ensure that each broadband conduit installed pursuant to this section includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices, as determined by the Secretary. ``(e) Depth of Installation.--The Secretary shall ensure that each broadband conduit installed pursuant to this section is placed at a depth consistent with industry best practices, as determined by the Secretary, and that, in determining the depth of placement, consideration is given to the location of existing utilities and the cable separation requirements of State and local electrical codes. ``(f) Access.--The Secretary shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this section, on a competitively neutral and nondiscriminatory basis, for a charge not to exceed a cost-based rate. ``(g) Waiver Authority.--The Secretary may waive the application of this section if the Secretary determines that the waiver is appropriate with respect to a covered highway construction project based upon-- ``(1) a showing of undue burden; ``(2) a determination that the installation of broadband conduit beneath hard surfaces to be constructed as part of a covered highway construction project is not necessary based on the availability of existing broadband infrastructure; ``(3) a cost-benefit analysis; or ``(4) the consideration of other relevant factors. ``(h) Coordination With FCC.--In carrying out this section, the Secretary and the Administrator shall coordinate with the Federal Communications Commission, including in making determinations with respect to an appropriate number of broadband conduits under subsection (b)(1), potential demand under subsection (b)(2), and existing broadband access under subsection (c). ``(i) Publication of Conduit Availability.--Not later than 1 year after the date of enactment of this section, the Secretary shall provide information to the Federal Communications Commission and the Administrator for inclusion within the National Broadband Map. ``(j) Definitions.--In this section, the following definitions apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the National Telecommunications and Information Administration. ``(2) Broadband.--The term `broadband' means an Internet Protocol-based transmission service that enables users to send and receive voice, video, data, graphics, or a combination thereof. ``(3) Broadband conduit.--The term `broadband conduit' means a conduit for fiber optic cables that support broadband or, where appropriate, wireless facilities for broadband service. ``(4) Covered highway construction project.--The term `covered highway construction project' means a project to construct a new highway or to construct an additional lane or paved shoulder for an existing highway that is commenced after the date of enactment of this section and that receives funding under this title. ``(5) Hard surfaces.--The term `hard surfaces' means asphalt and concrete pavement, curb and gutter, and sidewalk.''. (b) Clerical Amendment.--The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``330. Inclusion of broadband conduit installation in certain highway construction projects.''.", "summary": "Broadband Conduit Deployment Act of 2015 This bill directs the Department of Transportation (DOT) to require states to evaluate the need for broadband conduit (fiber optic cables that support broadband or wireless facilities for broadband service) as part of any covered highway construction project (a project to construct a new highway or an additional lane or paved shoulder for an existing highway that receives funding under federal-aid highway provisions), in consultation with telecommunications providers. If the evaluation reveals a need in the next 15 years for broadband conduit beneath hard surfaces to be constructed by the project, the conduit shall be installed. DOT shall establish standards to carry out installation requirements that consider: the ability to accommodate broadband installation without impacting the safety, operations, and maintenance of the highway facility, its users, or others; population density in the area; the type of highway involved; and existing broadband access in the area. DOT shall ensure that: an appropriate number of broadband conduits are installed along such highway to accommodate multiple broadband providers, the size of conduit is consistent with industry best practices and sufficient to accommodate potential demand, hand holes and manholes for fiber access and pulling such conduit are placed at intervals consistent with industry best practices, installed conduit includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices, installed conduit is placed at a depth consistent with industry best practices and cable separation requirements of electrical codes, and any requesting broadband provider has access to each broadband conduit installed on a competitively neutral and nondiscriminatory basis for a charge not to exceed a cost-based rate. DOT may waive the requirements of this Act upon determining that the waiver is appropriate based upon: a showing of undue burden, a determination that the installation of conduit beneath hard surfaces is not necessary based on the availability of existing broadband infrastructure, or a cost-benefit analysis."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest Good Neighbor Act of 2017''. SEC. 2. GOOD NEIGHBOR AUTHORITY. (a) In General.--The Cooperative Forestry Assistance Act of 1978 is amended-- (1) by redesignating section 19 (16 U.S.C. 2113) as section 18; and (2) by inserting after section 18 (as so redesignated) the following: ``SEC. 19. GOOD NEIGHBOR AUTHORITY. ``(a) Definitions.--In this section: ``(1) Authorized restoration services.--The term `authorized restoration services' means similar and complementary forest, rangeland, and watershed restoration services carried out-- ``(A) on National Forest System land, except-- ``(i) a component of the National Wilderness Preservation System; ``(ii) Federal land on which the removal of vegetation is prohibited or restricted by a law of Congress or a Presidential proclamation (including the applicable implementation plan); or ``(iii) a wilderness study area; and ``(B) by the Secretary or a Governor pursuant to a good neighbor agreement. ``(2) Forest, rangeland, and watershed restoration services.-- ``(A) In general.--The term `forest, rangeland, and watershed restoration services' means-- ``(i) an activity to treat insect- or disease-infected trees; ``(ii) an activity to reduce hazardous fuels; and ``(iii) any other activity to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. ``(B) Exclusions.--The term `forest, rangeland, and watershed restoration services' does not include-- ``(i) the construction, reconstruction, repair, or restoration of a paved or permanent road or parking area; or ``(ii) the construction, alteration, repair, or replacement of a public building or work. ``(3) Good neighbor agreement.--The term `good neighbor agreement' means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and a Governor to carry out authorized restoration services under this section. ``(4) Governor.--The term `Governor' means the Governor or any other appropriate executive official of a State. ``(5) Road.--The term `road' has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the National Forest Good Neighbor Act of 2017). ``(6) State.--The term `State' means-- ``(A) a State; and ``(B) the Commonwealth of Puerto Rico. ``(b) Good Neighbor Agreements.-- ``(1) Authority.-- ``(A) In general.--The Secretary may enter into a good neighbor agreement with a Governor to carry out authorized restoration services in accordance with this section. ``(B) Public availability.--The Secretary shall make each good neighbor agreement available to the public. ``(2) Timber sales.-- ``(A) In general.--Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to authorized restoration services. ``(B) Approval of silviculture prescriptions and marking guides.--The Secretary shall provide or approve all silviculture prescriptions and marking guides to be applied on National Forest System land described in subsection (a)(1)(A) in any timber sale project conducted under this section. ``(3) Retention of responsibilities.--Any decision required to be made by the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any authorized restoration services shall not be delegated to a Governor.''. (b) Conforming Amendments.-- (1) Section 2A(c)(1) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a(c)(1)) is amended by striking ``section 19(b)'' and inserting ``section 18(b)''. (2) Section 7(e) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c(e)) is amended in the first sentence by striking ``section 19(b)'' and inserting ``section 18(b)''. (3) Section 13A(b) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a(b)) is amended by striking ``section 19(a)'' and inserting ``section 18(a)''.", "summary": "National Forest Good Neighbor Act of 2017 This bill amends the Cooperative Forestry Assistance Act of 1978 to authorize the Department of Agriculture (USDA) to enter into good neighbor agreements with states to carry out specified similar and complementary forest, rangeland, and watershed restoration services on certain National Forest System (NFS) lands. The bill makes requirements under the National Forest Management Act of 1976 regarding the advertisement of timber sales on NFS lands and the designation and supervision of the harvesting of trees, portions of trees, or forest products on NFS lands inapplicable to the restoration services authorized by this bill. USDA shall provide or approve all silviculture prescriptions and marking guides to be applied on NSF land in any timber sales project conducted pursuant to this bill. Any decision required to be made by USDA under the National Environmental Policy Act of 1969 concerning any such services shall not be delegated to any state."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Assistance Authorization Act of 2007''. SEC. 2. LIMITATION ON USE OF AUTHORIZED AMOUNTS. None of the amounts authorized by this Act may be used to lobby or retain a lobbyist for the purpose of influencing a Federal, State, or local governmental entity or officer. SEC. 3. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL. (a) Use.--The Secretary of Housing and Urban Development may provide financial assistance to the Housing Assistance Council for use by such Council to develop the ability and capacity of community-based housing development organizations to undertake community development and affordable housing projects and programs in rural areas. Assistance provided by the Secretary under this section may be used by the Housing Assistance Council for-- (1) technical assistance, training, support, and advice to develop the business and administrative capabilities of rural community-based housing development organizations; (2) loans, grants, or other financial assistance to rural community-based housing development organizations to carry out community development and affordable housing activities for low- and moderate-income families; and (3) such other activities as may be determined by the Secretary and the Housing Assistance Council. (b) Authorization of Appropriations.--There is authorized to be appropriated for financial assistance under this section for the Housing Assistance Council-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 4. ASSISTANCE FOR RAZA DEVELOPMENT FUND. (a) Use.--The Secretary of Housing and Urban Development may make a grant to the Raza Development Fund for the purpose of providing technical and financial assistance to local non-profit organizations to undertake community development and affordable housing projects and programs serving low- and moderate-income households, particularly through organizations located in neighborhoods with substantial populations of income-disadvantaged households of Hispanic origin. Assistance provided by the Secretary under this section may be used by the Raza Development Fund to-- (1) provide technical and financial assistance for site acquisition and development, construction financing, and short- and long-term financing for housing, community facilities, and economic development; (2) leverage capital from private entities, including private financial institutions, insurance companies, and private philanthropic organizations; (3) provide technical assistance, training, support, and advice to develop the management, financial, and administrative capabilities of housing development organizations serving low- income households, including Hispanic households; and (4) conduct such other activities as may be determined by the Secretary and the Raza Development Fund. (b) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 5. ASSISTANCE FOR THE HOUSING PARTNERSHIP NETWORK. (a) Use.--The Secretary of Housing and Urban Development may make a grant to the Housing Partnership Network (hereafter referred to as the ``Network'') for the purpose of creating, sustaining, and improving access to affordable housing and community facilities that benefit very low-, low- and moderate-income households and communities. Assistance provided by the Secretary under this section may be used by the Network to-- (1) make investments, loans, and grants to its member nonprofits that demonstrate expertise in using such funds to leverage additional private capital to build, operate, finance, and sustain affordable housing and related community development facilities; (2) make investments in entities sponsored by the Network with the intent to leverage additional private capital for the purpose of furthering the production capacity, sustainability, or efficiency of its members; (3) pay for the necessary and reasonable expenses of the Network to administer and oversee such investments, including the cost of underwriting, managing the assets of the Network, and reporting to the Secretary and other capital providers, provided however, that such expenses do not exceed 6 percent of any amounts made available pursuant to subsection (b); and (4) conduct such other activities as may be determined by the Secretary and the Network. (b) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 6. AUDITS AND REPORTS. (a) Audit.--In any year in which an entity or organization described under either section 3, 4, or 5 receives funds under this Act, the Comptroller General of the United States shall-- (1) audit the financial transactions and activities of such entity or organization only with respect to such funds so received; and (2) submit a report detailing such audit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (b) GAO Report.--The Comptroller General of the United States shall conduct a study and submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representative on the use of any funds appropriated to an entity or organization described under either section 3, 4, or 5 over the past 10 years. SEC. 7. PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES. None of the funds made available under this Act may be used to provide direct housing assistance to any person not lawfully present in the United States.", "summary": "Housing Assistance Authorization Act of 2007 - (Sec. 2) Prohibits the use of funds authorized by this Act to lobby or retain a lobbyist to influence a federal, state, or local governmental entity or officer. (Sec. 3) Authorizes the Secretary of Housing and Urban Development (HUD) to provide financial assistance to the Housing Assistance Council to develop the ability and capacity of community-based housing development organizations to undertake community development and affordable housing projects and programs in rural areas. Authorizes the Housing Assistance Council to use such assistance for: (1) technical assistance, training, support, and advice to develop the business and administrative capabilities of rural community-based housing development organizations; and (2) loans, grants, or other financial assistance to such organizations to carry out community development and affordable housing activities for low- and moderate-income families. Authorizes appropriations for FY2008-FY2010. (Sec. 4) Authorizes the Secretary also to make a grant to the Raza Development Fund to provide technical and financial assistance to local nonprofit organizations to undertake similar projects and programs serving low- and moderate-income households, particularly through organizations in neighborhoods with substantial populations of income-disadvantaged households of Hispanic origin. Authorizes the Fund to use such assistance to: (1) provide technical and financial assistance for site acquisition and development, construction financing, and short- and long-term financing for housing, community facilities, and economic development; (2) leverage capital from private entities; and (3) provide technical assistance, training, support, and advice to develop the management, financial, and administrative capabilities of housing development organizations serving such low-income households. Authorizes appropriations for FY2008-FY2010. (Sec. 5) Authorizes the Secretary to make a grant to the Housing Partnership Network to create, sustain, and improve access to affordable housing and community facilities benefiting very low-, low- and moderate-income households and communities. Authorizes the Network to use such assistance to: (1) make investments, loans, and grants to its member nonprofits that demonstrate expertise in using such funds to leverage additional private capital to build, operate, finance, and sustain affordable housing and related community development facilities; (2) make investments in entities sponsored by the Network with the intent to leverage additional private capital to further the production capacity, sustainability, or efficiency of its members; and (3) pay for the expenses of the Network to administer and oversee such investments. Authorizes appropriations for FY2008-FY2010. Directs the Comptroller General to audit entities or organizations receiving such funds. (Sec. 7) Prohibits the use of such funds to provide direct housing assistance to any person not lawfully present in the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012'' or the ``SAFE DOSES Act''. SEC. 2. THEFT OF MEDICAL PRODUCTS. (a) Prohibited Conduct and Penalties.--Chapter 31 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 670. Theft of medical products ``(a) Prohibited Conduct.--Whoever, in, or using any means or facility of, interstate or foreign commerce-- ``(1) embezzles, steals, or by fraud or deception obtains, or knowingly and unlawfully takes, carries away, or conceals a pre- retail medical product; ``(2) knowingly and falsely makes, alters, forges, or counterfeits the labeling or documentation (including documentation relating to origination or shipping) of a pre-retail medical product; ``(3) knowingly possesses, transports, or traffics in a pre- retail medical product that was involved in a violation of paragraph (1) or (2); ``(4) with intent to defraud, buys, or otherwise obtains, a pre-retail medical product that has expired or been stolen; ``(5) with intent to defraud, sells, or distributes, a pre- retail medical product that is expired or stolen; or ``(6) attempts or conspires to violate any of paragraphs (1) through (5); shall be punished as provided in subsection (c) and subject to the other sanctions provided in this section. ``(b) Aggravated Offenses.--An offense under this section is an aggravated offense if-- ``(1) the defendant is employed by, or is an agent of, an organization in the supply chain for the pre-retail medical product; or ``(2) the violation-- ``(A) involves the use of violence, force, or a threat of violence or force; ``(B) involves the use of a deadly weapon; ``(C) results in serious bodily injury or death, including serious bodily injury or death resulting from the use of the medical product involved; or ``(D) is subsequent to a prior conviction for an offense under this section. ``(c) Criminal Penalties.--Whoever violates subsection (a)-- ``(1) if the offense is an aggravated offense under subsection (b)(2)(C), shall be fined under this title or imprisoned not more than 30 years, or both; ``(2) if the value of the medical products involved in the offense is $5,000 or greater, shall be fined under this title, imprisoned for not more than 15 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 20 years; and ``(3) in any other case, shall be fined under this title, imprisoned for not more than 3 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 5 years. ``(d) Civil Penalties.--Whoever violates subsection (a) is subject to a civil penalty in an amount not more than the greater of-- ``(1) three times the economic loss attributable to the violation; or ``(2) $1,000,000. ``(e) Definitions.--In this section-- ``(1) the term `pre-retail medical product' means a medical product that has not yet been made available for retail purchase by a consumer; ``(2) the term `medical product' means a drug, biological product, device, medical food, or infant formula; ``(3) the terms `device', `drug', `infant formula', and `labeling' have, respectively, the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act; ``(4) the term `biological product' has the meaning given the term in section 351 of the Public Health Service Act; ``(5) the term `medical food' has the meaning given the term in section 5(b) of the Orphan Drug Act; and ``(6) the term `supply chain' includes manufacturer, wholesaler, repacker, own-labeled distributor, private-label distributor, jobber, broker, drug trader, transportation company, hospital, pharmacy, or security company.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 31 of title 18, United States Code, is amended by adding after the item relating to section 669 the following: ``670. Theft of medical products.''. SEC. 3. CIVIL FORFEITURE. Section 981(a)(1)(C) of title 18, United States Code, is amended by inserting ``670,'' after ``657,''. SEC. 4. PENALTIES FOR THEFT-RELATED OFFENSES. (a) Interstate or Foreign Shipments by Carrier.--Section 659 of title 18, United States Code, is amended by adding at the end of the fifth undesignated paragraph the following: ``If the offense involves a pre-retail medical product (as defined in section 670), it shall be punished under section 670 unless the penalties provided for under this section are greater.''. (b) Racketeering.-- (1) Travel act violations.--Section 1952 of title 18, United States Code, is amended by adding at the end the following: ``(d) If the offense under this section involves an act described in paragraph (1) or (3) of subsection (a) and also involves a pre- retail medical product (as defined in section 670), the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under subsection (a) is greater.''. (2) Money laundering.--Section 1957(b)(1) of title 18, United States Code, is amended by adding at the end the following: ``If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this subsection is greater.''. (c) Breaking or Entering Carrier Facilities.--Section 2117 of title 18, United States Code, is amended by adding at the end of the first undesignated paragraph the following: ``If the offense involves a pre- retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.''. (d) Stolen Property.-- (1) Transportation of stolen goods and related offenses.-- Section 2314 of title 18, United States Code, is amended by adding at the end of the sixth undesignated paragraph the following: ``If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.''. (2) Sale or receipt of stolen goods and related offenses.-- Section 2315 of title 18, United States Code, is amended by adding at the end of the fourth undesignated paragraph the following: ``If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.''. (e) Priority Given to Certain Investigations and Prosecutions.--The Attorney General shall give increased priority to efforts to investigate and prosecute offenses under section 670 of title 18, United States Code, that involve pre-retail medical products. SEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHORITY TO NEW OFFENSE. Section 2516(1) of title 18, United States Code, is amended-- (1) by redesignating paragraph (s) as paragraph (t); (2) by striking ``or'' at the end of paragraph (r); and (3) by inserting after paragraph (r) the following: ``(s) any violation of section 670 (relating to theft of medical products); or''. SEC. 6. REQUIRED RESTITUTION. Section 3663A(c)(1)(A) of title 18, United States Code, is amended-- (1) in clause (ii), by striking ``or'' at the end; (2) in clause (iii), by striking ``and'' at the end and inserting ``or''; and (3) by adding at the end the following: ``(iv) an offense under section 670 (relating to theft of medical products); and''. SEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 670 of title 18, United States Code, as added by this Act, section 2118 of title 18, United States Code, or any another section of title 18, United States Code, amended by this Act, to reflect the intent of Congress that penalties for such offenses be sufficient to deter and punish such offenses, and appropriately account for the actual harm to the public from these offenses. (b) Requirements.--In carrying out this section, the United States Sentencing Commission shall-- (1) consider the extent to which the Federal sentencing guidelines and policy statements appropriately reflect-- (A) the serious nature of such offenses; (B) the incidence of such offenses; and (C) the need for an effective deterrent and appropriate punishment to prevent such offenses; (2) consider establishing a minimum offense level under the Federal sentencing guidelines and policy statements for offenses covered by this Act; (3) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (4) ensure reasonable consistency with other relevant directives, Federal sentencing guidelines and policy statements; (5) make any necessary conforming changes to the Federal sentencing guidelines and policy statements; and (6) ensure that the Federal sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012 or the SAFE DOSES Act - Amends the federal criminal code to prohibit, in or using any means or facility of interstate or foreign commerce: (1) embezzling, stealing, obtaining by fraud or deception, or knowingly and unlawfully taking, carrying away, or concealing a medical product that has not yet been made available for retail purchase by a consumer (pre-retail medical product); (2) knowingly and falsely making, altering, forging, or counterfeiting the labeling or documentation of such a product; (3) knowingly possessing, transporting, or trafficking in a product involved in such a violation; (4) buying or otherwise obtaining, or selling or distributing, with intent to defraud, such a product that has expired or been stolen; or (5) attempting or conspiring to commit such a violation. Makes such a violation an aggravated offense if: (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the product; or (2) the violation involves the use of violence, force, a threat of violence or force, or the use of a deadly weapon, results in serious bodily injury or death, or is subsequent to a prior conviction for an offense under this Act. Prescribes criminal and civil penalties for violations, including a civil penalty of up to the greater of 3 times the economic loss attributable to the violation or $1 million. Provides for civil forfeiture for any property which constitutes or is derived from proceeds traceable to such a violation. Requires the penalties under this Act to apply for the following offenses involving a pre-retail medical product: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; (2) engaging in monetary transactions in property derived from specified unlawful activity; (3) breaking into or entering carrier facilities with intent to commit larceny; and (4) the transportation, sale, or receipt of stolen property. Directs the Attorney General to give increased priority to efforts to investigate and prosecute offenses involving pre-retail medical products. Extends provisions authorizing wiretapping and requiring victim restitution to offenses relating to theft of a pre-retail medical product. Directs the U.S. Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to offenses related to pre-retail medical product theft or robberies and burglaries involving controlled substances to reflect congressional intent that penalties are sufficient to deter and punish such offenses and to appropriately account for actual harm to the public."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``IP-Enabled Voice Communications and Public Safety Act of 2007''. SEC. 2. DUTY TO PROVIDE 9-1-1 AND E-9-1-1 SERVICE. (a) In General.--The Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615 et seq.) is amended by adding at the end the following: ``SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS. ``(a) In General.--It shall be the duty of every IP-enabled voice service provider engaged in interstate or foreign communication to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers in accordance with orders of the Commission in effect on the date of enactment of the IP-Enabled Voice Communications and Public Safety Act of 2007, as such orders may be modified by the Commission from time to time. ``(b) Access to 9-1-1 Components.-- ``(1) Regulations.--Within 90 days after the date of enactment of the IP-Enabled Voice Communications and Public Safety Act of 2007, the Commission shall issue regulations granting IP-enabled voice service providers right of access to 9-1-1 components that are necessary to provide 9-1-1 service, on the same rates, terms, and conditions that are provided to commercial mobile service providers. In promulgating the regulations, the Commission shall take into account any technical, network security, or information privacy issues that are specific to IP-enabled voice services, including the security of 9-1-1 networks. The Commission shall require IP- enabled voice service providers to which the regulations apply to register with the Commission and to establish a point of contact for public safety and government officials relative to 9-1-1 service and access. ``(2) Delegation of enforcement to state commissions.--The Commission may delegate authority to enforce the regulations issued under paragraph (1) to State commissions or other State agencies or programs with jurisdiction over emergency communications. ``(c) Savings Clause.--Nothing in the IP-Enabled Voice Communications and Public Safety Act of 2007 shall be construed as repealing or otherwise altering, modifying, affecting, or superseding Federal regulations obligating an IP-enabled voice service provider to provide 9-1-1 service or enhanced 9-1-1 service. ``(d) Limitation on Commission.--Nothing in this section shall be construed to permit the Commission to issue regulations that require or impose a specific technology or technological standard. ``(e) FCC Authority To Require 9-1-1 Service.--The Commission may require any provider of a voice service that is a substitute for telephone exchange service (as defined in section 3(47) of the Communications Act of 1934 (47 U.S.C. 153(47))) to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers. Nothing in this subsection shall limit or otherwise affect the authority of the Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.).''. (b) Definitions.--Section 6 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b) is amended by adding at the end thereof the following: ``(8) IP-enabled voice service.--The term `IP-enabled voice service' has the meaning given the term `Interconnected VoIP Service' by section 9.3 of the Commission's regulations (47 C.F.R. 9.3). ``(9) IP-enabled 9-1-1 service.--The term `IP-enabled 9-1-1 service' means any 9-1-1 service provided by an IP-enabled voice service provider, including enhanced IP-enabled 9-1-1 service. ``(10) Enhanced ip-enabled 9-1-1 service.--The term `enhanced IP-enabled 9-1-1 service' means any enhanced 9-1-1 service so designated by the Federal Communications Commission in its Report and Order in WC Docket Nos. 04-36 and 05-196, or any successor proceeding. ``(11) 9-1-1 component.--The term `9-1-1 component' means any equipment, network, databases (including automatic location information databases and master street address guides), interface, selective router, trunkline, non-dialable p-ANI's, or other related facility necessary for the delivery and completion of 9-1-1 or E-9-1-1 calls and information related to such calls, as determined by the Commission.''. SEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE OF IP-ENABLED VOICE SERVICE. (a) In General.--Section 4 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) is amended-- (1) by striking ``carrier,'' in subsection (a) and inserting ``carrier, IP-enabled voice service provider, or alternative emergency communications service provider,''; (2) by striking ``its'' the first place it appears in subsection (a) and inserting ``their''; (3) by striking ``emergency calls or emergency services.'' in subsection (a) and inserting ``emergency calls, emergency services, or alternative emergency communications services.''; (4) by striking ``service shall'' in subsection (b) and inserting ``service, or IP-enabled voice service, shall''; (5) by striking ``wireless.'' in subsection (b) and inserting ``wireless, IP-enabled, or alternative emergency communications.''; (6) by striking ``communications,'' in subsection (c) and inserting ``communications, IP-enabled voice service communications, or alternative emergency communications,''; and (7) by striking ``wireless.'' in subsection (c) and inserting ``wireless, IP-enabled, or alternative emergency communications.''. (b) Definitions.--Section 6 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b), as amended by section 2(b), is further amended by adding at the end thereof the following: ``(12) Alternative emergency communications service.--The term `alternative emergency communications service' means the provision of emergency information to a public safety answering point via wire or radio communications, and may include 9-1-1 and enhanced 9-1-1 Services. ``(13) Alternative emergency communications service provider.--The term `alternative emergency communications service provider' means an entity other than a local exchange carrier, wireless carrier, or an IP-enabled voice service provider that is required by the Commission or, in the absence of any such requirement, is specifically authorized by the appropriate local or State 9-1-1 governing authority, to provide alternative emergency communications services.''. SEC. 4. STATE AUTHORITY OF FEES. Nothing in this Act, the Communications Act of 1934 (47 U.S.C. 151 et seq.), the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a), or any Federal Communications Commission regulation or order shall prevent the imposition on, or collection by, a provider of IP-enabled voice services or commercial mobile service, of any fee or charge specifically designated by a State, political subdivision thereof, or Indian tribe for the support of 9-1-1 or E 099-1-1 services if that fee or charge-- (1) for IP-enabled voice services, does not exceed the amount of any such fee or charge imposed on or collected by a provider of telecommunications services; and (2) is obligated or expended in support of 9-1-1 and E 099- 1-1 services, or enhancements of such services, or other emergency communications services as specified in the provision of State or local law adopting the fee or charge. SEC. 5. FEE ACCOUNTABILITY. To ensure efficiency, transparency, and accountability in the collection and expenditure of 9-1-1 fees, the Federal Communications Commission shall submit a report within 1 year after the date of enactment of this Act, and annually thereafter, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce detailing the status in each State of the collection and distribution of 9-1-1 fees and include findings on the amount of revenues obligated or expended by each State or political subdivision thereof for any purpose other than the purpose for which any fee or charges are presented. SEC. 6. MIGRATION TO IP-ENABLED EMERGENCY NETWORK. (a) In General.--Section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (2) by inserting after subsection (c) the following: ``(d) Migration Plan Required.-- ``(1) National plan required.--No more than 270 days after the date of the enactment of the IP-Enabled Voice Communications and Public Safety Act of 2007, the Office shall develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications and improving information sharing among all emergency response entities. ``(2) Contents of plan.--The plan required by paragraph (1) shall-- ``(A) outline the potential benefits of such a migration; ``(B) identify barriers that must be overcome and funding mechanisms to address those barriers; ``(C) provide specific mechanisms for ensuring the IP-enabled emergency network is available in every community and is coordinated on a local, regional, and Statewide basis; ``(D) identify location technology for nomadic devices and for office buildings and multi-dwelling units; ``(E) include a proposed timetable, an outline of costs and potential savings; ``(F) provide specific legislative language, if necessary, for achieving the plan; ``(G) provide recommendations on any legislative changes, including updating definitions, to facilitate a national IP-enabled emergency network; ``(H) assess, collect, and analyze the experiences of the PSAPs and related public safety authorities who are conducting trial deployments of IP-enabled emergency networks as of the date of enactment of the IP-Enabled Voice Communications and Public Safety Act of 2007; ``(I) document solutions that a national IP-enabled emergency network will provide for 9-1-1 access to those with disabilities and needed steps to implement such solutions, including a recommended timeline for such implementation; and ``(J) analyze technologies and efforts to provide automatic location capabilities and provide recommendations on needed regulatory or legislative changes necessary to implement automatic location solutions for 9-1-1 purposes. ``(3) Consultation.--In developing the plan required by paragraph (1), the Office shall consult with representatives of the public safety community, groups representing those with disabilities, technology and telecommunications providers, and others it deems appropriate.''; and (3) by striking ``services.'' in subsection (b)(1) and inserting ``services, and for migration to an IP-enabled emergency network.''. (b) Availability of PSAP Information.--The Federal Communications Commission may compile a list of public safety answering point contact information, as well as contact information for 9-1-1 component providers, for the purpose of assisting IP-enabled voice service providers and others in complying with this Act and section 158(d) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942(d)) as amended by subsection (a), and may make any portion of such information available to the public if such availability would improve public safety. (c) Development of Standards.--The Federal Communications Commission shall work cooperatively with public safety organizations, industry participants, and the E-9-1-1 Implementation Coordination Office to develop best practices that promote consistency, where appropriate, including procedures for-- (1) defining geographic coverage areas for Public Safety Answering Points; (2) defining network diversity requirements for delivery of IP-enabled 9-1-1 calls; (3) call-handling in the event of call overflow or network outages; (4) Public Safety Answering Point certification and testing requirements; (5) validation procedures for inputting and updating location information in relevant databases; and (6) the format for delivering address information to Public Safety Answering Points. SEC. 7. ENFORCEMENT. The Federal Communications Commission shall enforce the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) as if that Act were part of the Communications Act of 1934. For purposes of this section, any violation of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a), or any regulation promulgated under that Act, is deemed to be a violation of the Communications Act of 1934 or a regulation promulgated under the Communications Act of 1934, respectively. SEC. 8. COMPLETION OF THE HATFIELD REPORT. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Federal Communications Commission shall remit all amounts promised for the completion of an update to the Report on Technical and Operational Issues Impacting the Provision of Wireless Enhanced 9-1-1 Services by Dale N. Hatfield filed at the Commission on October 15, 2002, in WT Docket No. 02-46. (b) Submission of Report.--Mr. Hatfield shall submit his written findings as of May 1, 2006, to the Federal Communications Commission not later than 60 days after receiving the payment described in subsection (a). SEC. 9. 9/11 COMMISSION ACT OF 2007. Section 2301 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (47 U.S.C. 901 note) is amended by striking ``the `Improving Emergency Communications Act of 2007'.'' and inserting ``the `911 Modernization Act'.''. Passed the Senate February 26, 2008. Attest: Secretary. 110th CONGRESS 2d Session S. 428 _______________________________________________________________________ AN ACT To amend the Wireless Communications and Public Safety Act of 1999, and for other purposes.", "summary": "IP-Enabled Voice Communications and Public Safety Act of 2007 - (Sec. 2) Amends the Wireless Communications and Public Safety Act of 1999 to impose on IP-enabled voice service providers engaged in interstate or foreign communication a requirement to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers. Requires the Federal Communications Commission (FCC) to issue regulations granting IP-enabled voice service providers right of access to 9-1-1 components that are necessary to provide 9-1-1 service, on the same rates, terms, and conditions that are provided to commercial mobile service providers. Requires the providers to establish a point of contact for public safety and government officials relative to 9-1-1 service and access. Authorizes the FCC to delegate enforcement authority to state agencies or programs with emergency communications jurisdiction. Authorizes the FCC to require any provider of a voice service that is a substitute for telephone exchange service to provide 9-1-1 service, including enhanced 9-1-1 service. (Sec. 3) Requires that, when IP-enabled voice service or alternative emergency communications service is involved, there be parity in liability (as compared to local exchange companies and others) for service carriers, users, and public safety answering points (facilities designated to receive 9-1-1 calls and route them to emergency personnel) (PSAPs). Defines \"alternative emergency communications service\" as the provision of emergency information to a PSAP via wire or radio communications, possibly including 9-1-1 and enhanced 9-1-1 services. (Sec. 4) Declares that nothing in this Act, the Communications Act of 1934, the Wireless Communications and Public Safety Act of 1999, or any FCC regulation or order prevents states, their subdivisions, or Indian tribes from imposing a fee on or collecting a fee from IP-enabled voice services to support 9-1-1 or E-9-1-1 services. (Sec. 5) Requires the FCC to report annually to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the status in each state of the collection and distribution of 9-1-1 fees. (Sec. 6) Amends the National Telecommunications and Information Administration Organization Act to require the E-9-1-1 Implementation Coordination Office to develop a national plan for migrating to a national IP-enabled emergency network. Requires, after plan completion, grants for migration to such a network. Authorizes the FCC to compile a list of PSAP contact information, as well as contact information for 9-1-1 component providers, to assist providers in complying with this Act and specified provisions of the National Telecommunications and Information Administration Organization Act. Allows the FCC to make any part of that information available to the public to improve public safety. Requires the FCC to work cooperatively with public safety organizations, industry participants, and the E-9-1-1 Implementation Coordination Office to develop best practices that promote consistency. (Sec. 7) Requires the FCC to enforce the Wireless Communications and Public Safety Act of 1999 as if that Act was part of the Communications Act of 1934 and deems any violation to be a violation of the Communications Act of 1934. (Sec. 8) Sets deadlines for: (1) the FCC to remit all amounts promised for the completion of an update to the Report on Technical and Operational Issues Impacting the Provision of Wireless Enhanced 9-1-1 Services; and (2) the filing of related written findings."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Unemployment Compensation Act of 2003''. SEC. 2. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION. (a) Entitlement to Additional Weeks.-- (1) In general.--Paragraph (1) of section 203(b) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended-- (A) in subparagraph (A), by striking ``50 percent'' and inserting ``100 percent''; and (B) in subparagraph (B), by striking ``13 times'' and inserting ``26 times''. (2) Repeal of restriction on augmentation during transitional period.--Section 208(b) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147), as amended by Public Law 108-1, is amended-- (A) in paragraph (1)-- (i) by striking ``paragraphs (2) and (3)'' and inserting ``paragraph (2)''; and (ii) by inserting before the period at the end the following: ``, including such compensation by reason of amounts deposited in such account after such date pursuant to the application of subsection (c) of such section''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). (3) Extension of transition limitation.--Section 208(b)(2) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147), as amended by Public Law 108-1 and as redesignated by paragraph (2), is amended by striking ``August 30, 2003'' and inserting ``December 31, 2003''. (4) Conforming amendment for augmented benefits.--Section 203(c)(1) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended by striking ``the amount originally established in such account (as determined under subsection (b)(1))'' and inserting ``7 times the individual's average weekly benefit amount for the benefit year''. (b) Effective Date and Application.-- (1) In general.--The amendments made by subsection (a) shall apply with respect to weeks of unemployment beginning on or after the date of enactment of this Act. (2) TEUC-X amounts deposited in account prior to date of enactment deemed to be the additional teuc amounts provided by this section.--In applying the amendments made by subsection (a) under the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 26), the Secretary of Labor shall deem any amounts deposited into an individual's temporary extended unemployment compensation account by reason of section 203(c) of such Act (commonly known as ``TEUC-X amounts'') prior to the date of enactment of this Act to be amounts deposited in such account by reason of section 203(b) of such Act, as amended by subsection (a) (commonly known as ``TEUC amounts''). (3) Application to exhaustees and current beneficiaries.-- (A) Exhaustees.--In the case of any individual-- (i) to whom any temporary extended unemployment compensation was payable for any week beginning before the date of enactment of this Act; and (ii) who exhausted such individual's rights to such compensation (by reason of the payment of all amounts in such individual's temporary extended unemployment compensation account) before such date, such individual's eligibility for any additional weeks of temporary extended unemployment compensation by reason of the amendments made by subsection (a) shall apply with respect to weeks of unemployment beginning on or after the date of enactment of this Act. (B) Current beneficiaries.--In the case of any individual-- (i) to whom any temporary extended unemployment compensation was payable for any week beginning before the date of enactment of this Act; and (ii) as to whom the condition described in subparagraph (A)(ii) does not apply, such individual shall be eligible for temporary extended unemployment compensation (in accordance with the provisions of the Temporary Extended Unemployment Compensation Act of 2002, as amended by subsection (a)) with respect to weeks of unemployment beginning on or after the date of enactment of this Act. (4) Redetermination of eligibility for augmented amounts for individuals for whom such a determination was made prior to the date of enactment.--Any determination of whether the individual's State is in an extended benefit period under section 203(c) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) made prior to the date of enactment of this Act shall be disregarded and the determination under such section shall be made as follows: (A) Individuals who exhausted 13 teuc and 13 teux-x weeks prior to the date of enactment.--In the case of an individual who, prior to the date of enactment of this Act, received 26 times the individual's average weekly benefit amount through an account established under section 203 of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107- 147; 116 Stat. 28) (by reason of augmentation under subsection (c) of such section), the determination shall be made as of the date of the enactment of this Act. (B) All other individuals.--In the case of an individual who is not described in subparagraph (A), the determination shall be made at the time that the individual's account established under such section 203, as amended by subsection (a), is exhausted.", "summary": "Emergency Unemployment Compensation Act of 2003 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to entitle eligible individuals in all States to a total of 26 weeks of TEUC compensation (13 weeks beyond the current 13 weeks). Makes such additional benefits also available to individuals who exhausted their TEUC benefits before January 1, 2003.Provides for a transition period of continuing payments to individuals with amounts remaining in their TEUC account, for weeks beginning before December 31, 2003.Directs the Secretary of Labor to deem second tier benefit amounts deposited in an individual's account (TEUC-X amounts, which currently provide an extra 13 weeks of benefits in high-unemployment States) as deposited in such account, by reason of the amendments made by this Act, as single tier benefit amounts (TEUC amounts, the basic benefits in all States).Sets forth requirements relating to applicability of this Act to those who have exhausted their benefits under TEUCA, as well as to current beneficiaries."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Retirement Income Policy Act of 1993''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Commission on Retirement Income Policy (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--The Commission shall conduct a full and complete review and study of-- (1) trends in retirement savings in the United States; (2) existing Federal incentives and programs that are established to encourage and protect such savings; and (3) new Federal incentives and programs that are needed to encourage and protect such savings. (b) Specific Issues.--In fulfilling the duty described in subsection (a), the Commission shall address-- (1) the amount and sources of Federal and private funds, including tax expenditures (as defined in section 3 of the Congressional Budget Act of 1974 (2 U.S.C. 622)), needed to finance the incentives and programs referred to in subsection (a)(2) and any new Federal incentive or program that the Commission recommends be established; (2) the most efficient and effective manner, considering the needs of retirement plan sponsors for simplicity, reasonable cost, and appropriate incentives, of ensuring that individuals in the United States will have adequate retirement savings; (3) the amounts of retirement income that future retirees will need to replace various levels of preretirement income, including amounts necessary to pay for medical and long-term care; (4) the workforce and demographic trends that affect the pensions of future retirees; (5) the role of retirement savings in the economy of the United States; (6) sources of retirement income other than private pensions that are available to individuals in the United States; and (7) the shift away from insured and qualified pension benefits in the United States. (c) Recommendations.-- (1) In general.--The Commission shall formulate recommendations based on the review and study conducted under subsection (a). The recommendations shall include measures that address the needs of future retirees for-- (A) appropriate pension plan coverage and other mechanisms for saving for retirement; (B) an adequate retirement income; (C) preservation of benefits they accumulate by participating in pension plans; (D) information concerning pension plan benefits; and (E) procedures to resolve disputes involving such benefits. (2) Effect on federal budget deficit.--A recommendation of the Commission for a new Federal incentive or program that would result in an increase in the Federal budget deficit shall not appear in the report required under section 7 unless it is accompanied by a recommendation for offsetting the increase. SEC. 4. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 18 members appointed not later than 90 days after the date of the enactment of this Act. The Commission shall consist of the following members: (A) 4 individuals appointed by the President. (B) 7 individuals appointed by the Speaker of the House of Representatives. (C) 7 individuals appointed by the President pro tempore of the Senate. (2) Consultation with minority leaders.--3 of the appointments made under paragraph (1)(B) shall be made in consultation with the minority leader of the House of Representatives. 3 of the appointments made under paragraph (1)(C) shall be made in consultation with the minority leader of the Senate. (3) Qualifications.--The individuals referred to in paragraph (1) shall be Members of the Congress, leaders of business or labor, distinguished academics, or other individuals with distinctive qualifications or experience. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled not later than 90 days after the date of the creation of the vacancy in the manner in which the original appointment was made. (d) Compensation.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall serve without pay. (2) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--10 members of the Commission shall constitute a quorum, but 6 members may hold hearings, take testimony, or receive evidence. (f) Chairperson.--The chairperson of the Commission shall be elected by a majority vote of the members of the Commission. (g) Meetings.--The Commission shall meet at the call of the chairperson of the Commission. (h) Decisions.--Decisions of the Commission shall be made according to the vote of not less than a majority of the members who are present and voting at a meeting called pursuant to subsection (g). SEC. 5. STAFF AND SUPPORT SERVICES. (a) Executive Director.--The Commission shall have an executive director appointed by the Commission. The Commission shall fix the pay of the executive director. (b) Staff.--The Commission may appoint and fix the pay of additional personnel as it considers appropriate. (c) Applicability of Certain Civil Service Laws.--The executive director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates the Commission determines to be appropriate. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist it in carrying out its duties under this Act. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 6. POWERS. (a) Hearings and Sessions.-- (1) In general.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Public hearings.--The Commission may hold public hearings to receive the views of a broad spectrum of the public on the status of the private retirement system of the United States. (b) Delegation of Authority.--Any member, committee, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Information.-- (1) Information from federal agencies.-- (A) In general.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Commission, the head of the Federal agency shall furnish the information to the Commission. (B) Exception.--Subparagraph (A) shall not apply to any information that the Commission is prohibited to secure or request by another law. (2) Public surveys.--The Commission may conduct the public surveys necessary to enable it to carry out this Act. In conducting such surveys, the Commission shall not be considered an agency for purposes of chapter 35 of title 44, United States Code. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (e) Contract and Procurement Authority.--The Commission may make purchases, and may contract with and compensate government and private agencies or persons for property or services, without regard to-- (1) section 3709 of the Revised Statutes (41 U.S.C. 5); and (2) title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (f) Gifts.--The Commission may accept, use, and dispose of gifts of services or property, both real and personal, for the purpose of assisting the work of the Commission. Gifts of money and proceeds from sales of property received as gifts shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. For purposes of Federal income, estate, and gift taxes, property accepted under this subsection shall be considered as a gift to the United States. (g) Volunteer Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. SEC. 7. REPORT. Not later than December 31, 1993, the Commission shall submit a report to the President, the majority and minority leaders of the Senate, and the majority and minority leaders of the House of Representatives. The report shall review the matters that the Commission is required to study under section 3 and shall set forth the recommendations of the Commission. SEC. 8. TERMINATION. The Commission shall terminate not later than the expiration of the 90-day period beginning on the date on which the Commission submits its report under section 7.", "summary": "Commission on Retirement Income Policy Act of 1993 - Establishes the Commission on Retirement Income Policy. Directs the Commission to study and report to the President and Congress on: (1) trends in retirement savings in the United States; (2) existing Federal incentives and programs to encourage and protect such savings; and (3) new Federal incentives and programs needed for such purpose. Requires the Commission to address specified issues and to include in its recommendation measures addressing specified needs of future retirees. Terminates the Commission within 90 days after submission of such report."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Health Investment Today Act of 2009'' or the ``PHIT Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) almost 20 percent of American children between the ages of 2 and 19 are overweight or suffer from obesity; (2) 8 of the 9 most expensive illnesses in the United States are more common among overweight and obese individuals; (3) according to the Centers for Disease Control and Prevention, the increase in the number of overweight and obese Americans between 1987 and 2001 resulted in a 27 percent increase in per capita health care costs; (4) the World Health Organization determined that in the United States a $1 investment in physical activity alone (in time and equipment) would reduce medical expenses by $3.20; (5) research indicates that 2 in 5 Americans would become more physically active if offered a financial incentive; (6) the United States ranks last in the world in reducing the number of preventable deaths resulting from obesity-related chronic illnesses; and (7) engaging in physical activities at young ages when children are learning lifelong behaviors can have a significant impact on their long-term health. (b) Purpose.--The purpose of this Act is to promote health and prevent disease, particularly diseases related to being overweight and obese, by-- (1) encouraging healthier lifestyles; (2) providing financial incentives to ease the financial burden of engaging in healthy behavior; and (3) increasing the ability of individuals and families to participate in physical fitness activities. SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE. (a) In General.--Paragraph (1) of section 213(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(E) for qualified sports and fitness expenses.''. (b) Qualified Sports and Fitness Expenses.--Subsection (d) of section 213 of such Code is amended by adding at the end the following paragraph: ``(12) Qualified sports and fitness expenses.-- ``(A) In general.--The term `qualified sports and fitness expenses' means amounts paid-- ``(i) for membership at a fitness center, ``(ii) for participation or instruction in a program of physical exercise or physical activity, and ``(iii) for equipment for use in a program (including a self-directed program) of physical exercise or physical activity. ``(B) Overall dollar limitation.--The aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $1,000 ($2,000 in the case of a joint return or a head of household (as defined in section 2(b))). ``(C) Fitness facility defined.--For purposes of subparagraph (A)(i), the term `fitness facility' means a facility-- ``(i) providing instruction in a program of physical exercise, offering facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serving as the site of such a program of a State or local government, ``(ii) which is not a private club owned and operated by its members, ``(iii) which does not offer golf, hunting, sailing, or riding facilities, ``(iv) whose health or fitness facility is not incidental to its overall function and purpose, and ``(v) which is fully compliant with the State of jurisdiction and Federal anti- discrimination laws. ``(D) Limitations related to sports and fitness equipment.--Amounts paid for equipment described in subparagraph (A)(iii) shall be treated as a qualified sports and fitness expense only-- ``(i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity programs, ``(ii) if such equipment is not apparel or footwear, and ``(iii) in the case of any item of sports equipment (other than exercise equipment), with respect to so much of the amount paid for such item as does not exceed $250. ``(E) Programs which include components other than physical exercise and physical activity.--Rules similar to the rules of section 213(d)(6) shall apply in the case of any program that includes physical exercise or physical activity and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as an other component.''. (c) Exception for Health Savings Accounts.--Subparagraph (A) of section 223(d)(2) of such Code is amended by inserting ``, determined without regard to paragraph (1)(E) thereof'' after ``section 213(d)''. (d) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Personal Health Investment Today Act of 2009 or the PHIT Act of 2009 - Amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for married couples filing jointly or heads of household) of qualified sports and fitness expenses. Defines \"qualified sports and fitness expenses\" as amounts paid for fitness center memberships, physical exercise programs, and exercise equipment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Software Trade Secrets Protection Act''. SEC. 2. SOFTWARE TRADE SECRETS PROTECTION. (a) In General.--Subchapter A of chapter 78 of the Internal Revenue Code of 1986 (relating to examination and inspection) is amended by redesignating section 7612 as section 7613 and by inserting after 7611 the following: ``SEC. 7612. SPECIAL PROCEDURES FOR SUMMONSES FOR COMPUTER SOFTWARE. ``(a) Limitation on Authority to Require Production of Computer Software Source Code.-- ``(1) In general.--No summons may be issued under this title, and the Secretary may not begin any action under section 7604 to enforce any summons, to produce or examine any computer software source code or related customer communications, and training materials. ``(2) Exception where information not otherwise available to verify correctness of item on return.--Paragraph (1) shall not apply to any portion, item, or component of computer software source code if-- ``(A) the Secretary, without examining the computer software source code, is unable to otherwise ascertain with reasonable accuracy the correctness of any item on a return after employing auditing procedures and practices otherwise used pursuant to this title, ``(B) the Secretary identifies with reasonable specificity the portion, item, or component of such code needed to verify the correctness of such item on the return, and ``(C) the Secretary demonstrates that with respect to the issue under examination the need for the portion, item, or component of the computer software source code requested outweighs the burdens of production imposed on the summoned person and the risks of disclosure of trade secrets. ``(3) Other exceptions.--Paragraph (1) shall not apply to-- ``(A) any inquiry into any offense connected with the administration or enforcement of the internal revenue laws, and ``(B) any computer software developed by the taxpayer or a related person (within the meaning of section 267 or 707(b)) for internal use by the taxpayer or such person and not for commercial purposes. ``(4) Enforcement proceeding.--In any proceeding brought under section 7604 to enforce a summons issued under this section, the court shall hold a hearing to determine whether the Secretary has met the requirements of paragraph (2). ``(5) Compliance with summons for computer software source code.--Any person to whom a summons for a portion, item, or component of computer software source code is issued shall be deemed to have complied with such summons by producing a hard- copy printout of such code. ``(b) Protection of Trade Secrets and Other Confidential Information.-- ``(1) Entry of protective order.--In any court proceeding to enforce a summons for any portion of software, the court may receive evidence and issue any order necessary to prevent undue burdens or the disclosure of trade secrets or other confidential information with respect to such software, including providing that any information be placed under seal to be opened only as directed by the court. ``(2) Protection of software.--Notwithstanding any other provision of this section, and in addition to any protections ordered pursuant to paragraph (1), in the case of software that comes into the possession or control of the Secretary in the course of any examination with respect to any taxpayer-- ``(A) the software may be examined only in connection with the examination of such taxpayer's return, ``(B) the software may be disclosed only to persons conducting such examination whose duties or responsibilities require access to the software, ``(C) the software shall be maintained in a secure area or place, and, in the case of computer software source code and related documents, shall not be removed from the owner's place of business, ``(D) the software may not be copied except as necessary to perform such examination, ``(E) at the end of the examination (and any judicial review of the summons issued under this section), the software and all copies thereof shall be returned to the person from whom they were obtained and any copies thereof made under subparagraph (D) on the hard drive of a machine or other mass storage device shall be permanently deleted and any notes or other memoranda made with regard to such software shall be destroyed, ``(F) the software may not be decompiled, disassembled, or reverse engineered, and ``(G) the Secretary shall provide to the taxpayer and the owner of any interest in such software, as the case may be, a written agreement between the Secretary and any person who will examine or otherwise have access to such software, in which such person agrees-- ``(i) not to disclose such software to any person other than authorized employees or agents of the Secretary during and after employment by the Secretary, and ``(ii) not to compete with the owner of the software for a period of 2 years after disclosure to such person of such software. ``The owner of any interest in the software shall be considered a party to any agreement described in subparagraph (G). ``(c) Compliance With Summons for Certain Computer Software Executable Code.--Any taxpayer to whom is issued a summons for commercially available computer software executable code used to prepare such taxpayer's return or to account for the taxpayer's transactions with others shall be deemed to have complied with such summons by producing a read-only version of such code. ``(d) Definitions.--For purposes of this section-- ``(1) Software.--The term `software' includes computer software source code and computer software executable code. ``(2) Computer software source code.--The term `computer software source code' means-- ``(A) the code written by a programmer using a programming language which is comprehensible to appropriately trained persons, is not machine readable, and is not capable of directly being used to give instructions to a computer, and ``(B) related programmers' notes, design documents, memoranda, and similar documentation, excluding customer communications and training materials. ``(3) Computer software executable code.--The term `computer software executable code' means-- ``(A) any object code, machine code, or other code readable by a computer when loaded into its memory and used directly by such computer to execute instructions, and ``(B) any related user manuals.''. (b) Unauthorized Disclosure of Software.--Section 7213 of the Internal Revenue Code of 1986 (relating to unauthorized disclosure of information) is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following: ``(d) Disclosure of Software.--Any person who divulges or makes known in any manner whatever not provided under section 7612 to any other person software (as defined in section 7612(d)(1)) shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned not more than 5 years, or both, together with the costs of prosecution.''. (c) Conforming Amendment.--The table of sections for subchapter A of chapter 78 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 7612 and by inserting the following: ``Sec. 7612. Special procedures for summonses for computer software. ``Sec. 7613. Cross references.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act.", "summary": "Software Trade Secrets Protection Act - Amends the Internal Revenue Code to prohibit the issuance or enforcement of any summons to produce or examine any computer software source code or related customer communications and training materials, subject to stated exceptions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern New Mexico and El Paso, Texas, Veterans Traumatic Brain Injury Care Improvement Act of 2011''. SEC. 2. REPORT ON ESTABLISHMENT OF POLYTRAUMA REHABILITATION CENTER OR POLYTRAUMA NETWORK SITE OF DEPARTMENT OF VETERANS AFFAIRS IN SOUTHERN NEW MEXICO AND EL PASO, TEXAS, REGION. (a) Findings.--Congress makes the following findings: (1) The military population of the southern New Mexico and El Paso, Texas, region has grown greatly since the United States has been involved in military operations in Iraq and Afghanistan and members of the Armed Forces returning from such operations to such region will require care at polytrauma centers as a result of their involvement with such operations. (2) The population at Fort Bliss in Texas and New Mexico is expected to grow from 9,300 members of the Armed Forces in 2005 to an estimated 33,400 members of the Armed Forces by 2012 because of the ongoing expansion of Fort Bliss. (3) Traumatic brain injury has become known as one of the signature wounds of service in the Armed Forces in Iraq and Afghanistan because of its high occurrence among veterans of such service. Many members of the Armed Forces returning to the El Paso, Texas, and southern New Mexico region from overseas service in the Armed Forces are expected to suffer from traumatic brain injury or other forms of injury requiring treatment at a polytrauma rehabilitation center or polytrauma network site. (4) A recent RAND Corporation study estimates that as many as 20 percent of the veterans who served in the Armed Forces in Iraq and Afghanistan have a traumatic brain injury as a result of such service, and many of these veterans require ongoing care for mild, moderate, or severe traumatic brain injury. (5) The Department of Veterans Affairs recommends that all veterans experiencing a polytraumatic injury be referred to a polytrauma rehabilitation center or polytrauma network site of the Department. (6) The polytrauma system of care of the Department includes 4 polytrauma rehabilitation centers and 21 polytrauma network sites, none of which are located within 300 miles driving distance of Fort Bliss, White Sands Missile Range, or Holloman Air Force Base. (7) The large military population in the southern New Mexico and El Paso, Texas, region necessitates a new polytrauma rehabilitation center or polytrauma network site of the Department to deal with the significant hardships veterans residing in such region require. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the feasibility and advisability of establishing a polytrauma rehabilitation center or polytrauma network site of the Department of Veterans Affairs in the southern New Mexico and El Paso, Texas, region that is within a reasonable driving distance of Fort Bliss, White Sands Missile Range, and Holloman Air Force Base. (2) Requirements.--The report required by paragraph (1) shall include the following: (A) An assessment of the adequacy of existing Department facilities in the southern New Mexico and El Paso, Texas, region to address matters that are otherwise addressed by polytrauma rehabilitation centers and polytrauma network sites of the Department. (B) A comparative assessment of the effectiveness of rehabilitation programs for individuals with traumatic brain injuries in urban areas with the effectiveness of such programs for individuals with traumatic brain injuries in rural and frontier communities. (C) An assessment of whether therapies that can prevent or remediate the development of secondary neurologic conditions related to traumatic brain injury can be interrupted by stress caused by living in an urban area. (D) The relation of high cost of living to the recovery of veterans and the impact on their families in comparison to recovery in an area where there is a lower cost of living. (3) Locations.--In preparing the report required by paragraph (1), the Secretary shall consider and evaluate various locations for the potential location of a new polytrauma rehabilitation center or polytrauma network site. One location receiving such consideration and evaluation shall be the Fort Bayard Medical Center in Grant County, New Mexico. (4) Consultation.--In preparing the report required by paragraph (1), the Secretary shall consult with appropriate State and local government agencies in the southern New Mexico and El Paso, Texas, region.", "summary": "Southern New Mexico and El Paso, Texas, Veterans Traumatic Brain Injury Care Improvement Act of 2011 - Directs the Secretary of Veterans Affairs to report to Congress on the feasibility and advisability of establishing a Polytrauma Rehabilitation Center or Polytrauma Network Site of the Department of Veterans Affairs (VA) in the southern New Mexico and El Paso, Texas, region that is within a reasonable driving distance of Fort Bliss, White Sands Missile Range, and Holloman Air Force Base. Requires the Fort Bayard Medical Center in Grant County, New Mexico, to be evaluated as a potential location for such a Center or Site."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture established by section 3(a). (2) Museum.--The term ``Museum'' means the National Museum of Asian Pacific American History and Culture. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture. (b) Membership.--The Commission shall be composed of 8 members, of whom-- (1) 2 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 2 members shall be appointed by the minority leader of the House of Representatives. (c) Qualifications.--Members of the Commission shall be appointed to the Commission from among individuals, or representatives of institutions or entities, who possess-- (1)(A) a demonstrated commitment to the research, study, or promotion of Asian Pacific American history, art, political or economic status, or culture; and (B)(i) expertise in museum administration; (ii) expertise in fundraising for nonprofit or cultural institutions; (iii) experience in the study and teaching of Asian Pacific American history; (iv) experience in studying the issue of the representation of Asian Pacific Americans in art, life, history, and culture at the Smithsonian Institution; or (v) extensive experience in public or elected service; (2) experience in the administration of, or the planning for, the establishment of, museums; or (3) experience in the planning, design, or construction of museum facilities. (d) Prohibition.--No employee of the Federal Government may serve as a member of the Commission. (e) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. (f) Vacancies.--A vacancy in the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (g) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. SEC. 4. DUTIES OF THE COMMISSION. (a) Reports.-- (1) Plan of action.--The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action for the establishment and maintenance of a National Museum of Asian Pacific American History and Culture in Washington, DC. (2) Report on issues.--The Commission shall submit to the President and Congress a report that addresses the following issues: (A) The availability and cost of collections to be acquired and housed in the Museum. (B) The impact of the Museum on regional Asian Pacific American history-related museums. (C) Potential locations for the Museum in Washington, DC, and its environs. (D) Whether the Museum should be part of the Smithsonian Institution. (E) The governance and organizational structure from which the Museum should operate. (F) Best practices for engaging Asian Pacific Americans in the development and design of the Museum. (G) The cost of constructing, operating, and maintaining the Museum. (3) Deadline.--The reports required under paragraphs (1) and (2) shall be submitted not later than the date that is 18 months after the date of the first meeting of the Commission. (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through contributions from the public. (2) Considerations.--In developing the fundraising plan under paragraph (1), the Commission shall consider issues relating to funding the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. (3) Independent review.--The Commission shall obtain an independent review of the viability of the plan developed under paragraph (1) and such review shall include an analysis as to whether the plan is likely to achieve the level of resources necessary to fund the construction of the Museum and the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. (4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. (c) Legislation To Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under paragraphs (1) and (2) of subsection (a), the Commission shall submit for consideration to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate recommendations for a legislative plan of action to establish and construct the Museum. (d) National Conference.--Not later than 18 months after the date on which the initial members of the Commission are appointed under section 3, the Commission may, in carrying out the duties of the Commission under this section, convene a national conference relating to the Museum, to be comprised of individuals committed to the advancement of the life, art, history, and culture of Asian Pacific Americans. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) Director and Staff.-- (1) In general.--The Commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the Commission to perform the duties of the Commission. (2) Rates of pay.--Rates of pay for persons employed under paragraph (1) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code. (b) Not Federal Employment.--Any individual employed under this Act shall not be considered a Federal employee for the purpose of any law governing Federal employment. (c) Technical Assistance.-- (1) In general.--Subject to paragraph (2), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. (2) Prohibition.--No Federal employees may be detailed to the Commission. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Compensation.-- (1) In general.--A member of the Commission-- (A) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (B) shall serve without pay. (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (b) Gifts, Bequests, Devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. (c) Federal Advisory Committee Act.--The Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 7. TERMINATION. The Commission shall terminate on the date that is 30 days after the date on which the final versions of the reports required under section 4 are submitted. SEC. 8. FUNDING. (a) In General.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. (b) Prohibition.--No Federal funds may be obligated to carry out this Act.", "summary": "Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act This bill establishes a Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture. The Commission must: (1) report recommendations for a plan of action for the establishment and maintenance of a National Museum of Asian Pacific American History and Culture in Washington, D.C.; (2) develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through public contributions; (3) obtain an independent review of this fundraising plan, including an analysis of the resources necessary to fund the construction of the Museum and its operations and maintenance in perpetuity without reliance on federal funds; and (4) submit a legislative plan of action to establish and construct the Museum. Directs the Commission's recommendations to address issues including the impact of the Museum on regional Asian Pacific American history-related museums, whether it should be part of the Smithsonian Institution, and the cost of constructing, operating, and maintaining the Museum and acquiring its collections. The Commission may convene a national conference relating to the Museum. Prohibits federal funds from being obligated to carry out this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Safety in Medicine Utilizing Leading Advanced Simulation Technologies to Improve Outcomes Now Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Simulation-based education and training in medicine, nursing, allied health, podiatry, osteopathy, dentistry, and emergency response teams can enhance procedural skills and reinforce best practices by allowing students, experienced clinicians, and health care professionals to practice procedures in a realistic setting. (2) The enhanced clinical skill development provided by simulation-based training benefits patients and health care consumers in the form of improved health outcomes, patient safety, and quality; reduced medical errors and deaths; and reduced costs associated with providing patient care. (3) Many educational institutions and health care providers, particularly those in urban and rural settings, have difficulty acquiring medical simulation technology. Financial assistance in the form of Federal grants would significantly enhance the ability of these entities to deploy medical simulation technology and incorporate such technology into training protocols. (4) The creation of medical simulation centers of excellence to provide guidance and leadership to educational institutions and health care entities will facilitate the deployment of medical simulation technologies and the commercialization of cutting-edge medical simulation research. (5) A Federal medical simulation coordinating council would promote better communication and collaboration between the Federal entities with experience or interest in simulation- based education and medical simulation technology deployment. SEC. 3. MEDICAL SIMULATION ENHANCEMENT. Part B of title IX of the Public Health Service Act (42 U.S.C. 299b et seq.) is amended by adding at the end the following: ``SEC. 918. MEDICAL SIMULATION ENHANCEMENT. ``(a) In General.--The Director shall conduct and support research, evaluations, initiatives, and demonstration projects, and provide grants or enter into contracts or cooperative agreements, to enhance the deployment of medical simulation technologies and the incorporation of such technologies and equipment into medical, nursing, allied health, podiatric, osteopathic, and dental education and training protocols. ``(b) Programs.--In carrying out subsection (a), the Director shall establish the following programs: ``(1) Medical simulation centers of excellence.-- ``(A) Establishment.--The Director shall establish medical simulation centers of excellence-- ``(i) to provide leadership and conduct research with respect to enhancing and expanding the utilization of medical simulation technologies and simulation-based skills training for physicians, nurses, allied health professionals, and qualified students; and ``(ii) to improve the efficiency and effectiveness of medical simulation research and programs. ``(B) Purpose.--Each medical simulation center of excellence established under subsection (a) shall-- ``(i) provide leadership in a specific area of medical simulation technology or knowledge; ``(ii) enhance and expand the knowledge base within the specific area of medical simulation technology or knowledge in line with the program requirements and the long-term interests of the medical simulation community; and ``(iii) serve as a resource center to interested health professional schools and individuals who want to learn about medical simulation. ``(2) Medical simulation innovation.--The Director shall promote innovation in medical simulation technologies and encourage development and deployment of challenging and complex medical simulation technologies and applications by-- ``(A) conducting and supporting research on the development and deployment of complex or challenging medical simulation and interdisciplinary simulation technologies; ``(B) identifying, in consultation with the Telemedicine and Advanced Technology Research Center, particularly challenging or complex medical simulation technologies and applications; and ``(C) developing, in consultation with the National Library of Medicine, an electronic clearinghouse of medical simulation technologies currently available and those being developed. ``(3) Medical simulation technology acquisition.-- ``(A) Grants.--The Director shall award grants to eligible entities for the purchase of medical simulation technologies for use in the training of physicians, nurses, allied health professionals, and qualified students. ``(B) Definition.--In this paragraph, the term `eligible entity' means a hospital, an academic medical center, or a school of allied health, dentistry, medicine, nursing, osteopathic medicine, or podiatric medicine. ``(4) Medical and interdisciplinary simulation curricula.-- ``(A) Grants.--The Director shall award grants to eligible entities to incorporate medical simulation and interdisciplinary simulation technologies into curricula and training of physicians, nurses, and allied health professionals. ``(B) Definition.--In this subsection, the term `eligible entity' means an academic medical center or a school of medicine, osteopathy, podiatry, dentistry, nursing, or allied health. ``(5) Grants to professional organizations.-- ``(A) Grants.--The Director shall award grants to eligible entities to deploy medical simulation technologies for the purpose of providing training to health care providers. ``(B) Definition.--In this paragraph, the term `eligible entity' means an academic medical center, a professional organization that provides accreditation or quality assurance to health care professionals, a health profession licensing board, or an agency studying utilization of simulation-based methods in credentialing and accreditation in health care. ``(6) Federal medical simulation coordinating council.-- ``(A) Establishment.--There is established within the Department of Health and Human Services the Federal Medical Simulation Coordinating Council (in this paragraph referred to as the `Coordinating Council'). ``(B) Purpose.--The Coordinating Council shall coordinate the Federal Government's activities regarding the research on and development, deployment, and utilization of medical simulation technologies. ``(C) Voting members.--The voting members of the Coordinating Council shall consist of representatives of Federal agencies with responsibility for improving health care delivery to patients, as follows: ``(i) A majority of the voting members of the Coordinating Council shall be representatives of the Department of Health and Human Services. Such majority shall consist of the Director and such individuals as may be appointed by the Secretary of Health and Human Services. At a minimum, the Secretary shall appoint representatives of-- ``(I) the Agency for Healthcare Research and Quality; ``(II) the National Institutes of Health; ``(III) the Health Resources and Services Administration; ``(IV) the Centers for Medicare & Medicaid Services; and ``(V) the Food and Drug Administration. ``(ii) The remainder of the voting members of the Coordinating Council shall consist of-- ``(I) representatives of the Department of Defense, appointed by the Secretary of Defense; and ``(II) representatives of the Department of Veterans Affairs, appointed by the Secretary of Veterans Affairs. ``(D) Liaisons.--In addition to the voting members appointed pursuant to subparagraph (C), the membership of the Coordinating Council shall include 2 representatives of the advisory panel established under subsection (c) who-- ``(i) shall be selected by the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs acting jointly; ``(ii) shall be nonvoting members; and ``(iii) shall serve as liaisons between the advisory panel and the Coordinating Council. ``(E) Leadership.--The Director shall serve as the Chair of the Coordinating Council and shall be responsible for the leadership and oversight of the activities of the Coordinating Council. ``(F) Consultation.--In carrying out the purpose described in subparagraph (B), the Coordinating Council shall consult with outside organizations on ways to improve medical simulation policy and access. ``(G) Meetings.-- ``(i) In general.--The Coordinating Council shall meet regularly and no less than 2 times each year. ``(ii) Notice.--Notice of any upcoming meeting of the Coordinating Council shall be published in the Federal Register. ``(iii) Public access.--Any meeting of the Coordinating Council shall be open to the public. ``(c) Advisory Panel.--The Director shall establish an advisory panel to make recommendations on how to structure the programs under subsection (b). The members of such advisory panel shall consist of a total of at least 10 representatives of the medical simulation community, including representatives of-- ``(1) academic medical centers or schools of medicine, osteopathy, podiatry, dentistry, nursing, or allied health; ``(2) health care professionals who are actively involved in medical simulation centers; and ``(3) at least 2 multidisciplinary associations which are recognized as having a primary focus on medical simulation. ``(d) Definitions.-- ``(1) Medical simulation.--The term `medical simulation' means the use of a device, such as a mannequin, a task trainer, virtual reality, or a standardized patient, to emulate a real device, patient, or patient care situation or environment to teach therapeutic and diagnostic procedures, processes, medical concepts, and decisionmaking to a health care professional. ``(2) Qualified student.--The term `qualified student' means a student enrolled full-time or part-time in-- ``(A) a school of allied health, a school of dentistry, a school of medicine, a school of osteopathic medicine, or a school of podiatric medicine (as such terms are defined in section 799B); or ``(B) a school of nursing (as such term is defined in section 801). ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated-- ``(1) $50,000,000 for fiscal year 2008; and ``(2) such sums as may be necessary for fiscal years 2009 through 2012.''.", "summary": "Enhancing Safety in Medicine Utilizing Leading Advanced Simulation Technologies to Improve Outcomes Now Act of 2007 - Amends the Public Health Service Act to require the Director of the Agency for Healthcare Research and Quality to conduct and support research, evaluations, initiatives, and demonstration projects, and provide grants or enter into contracts or cooperative agreements, to enhance the deployment of medical simulation technologies and the incorporation of such technologies and equipment into medical, nursing, allied health, podiatric, osteopathic, and dental education and training protocols. Requires the Director to: (1) establish medical simulation centers of excellence; (2) promote innovation by conducting and supporting research on complex or challenging medical simulation and interdisciplinary simulation technologies and developing an electronic clearinghouse of such technologies; and (3) award grants for purchasing, incorporating, and deploying such technologies for training of physicians, nurses, allied health professionals, and qualified students. Establishes within the Department of Health and Human Services (HHS) the Federal Medical Simulation Coordinating Council. Requires the Director to establish an advisory panel to make recommendations on how to structure programs established by this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Transportation Safety Fund Act''. TITLE I--ESTABLISHMENT AND FUNDING SEC. 101. MODIFICATION AND PERMANENT EXTENSION OF THE INCENTIVES TO REINVEST FOREIGN EARNINGS IN THE UNITED STATES. (a) Repatriation Subject to 5 Percent Tax Rate.--Subsection (a)(1) of section 965 of the Internal Revenue Code of 1986 is amended by striking ``85 percent'' and inserting ``85.7 percent''. (b) Permanent Extension To Elect Repatriation.--Subsection (f) of section 965 of the Internal Revenue Code of 1986 is amended to read as follows: ``(f) Election.--The taxpayer may elect to apply this section to any taxable year only if made on or before the due date (including extensions) for filing the return of tax for such taxable year.''. (c) Repatriation Includes Current and Accumulated Foreign Earnings.-- (1) In general.--Paragraph (1) of section 965(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--The amount of dividends taken into account under subsection (a) shall not exceed the sum of the current and accumulated earnings and profits described in section 959(c)(3) for the year a deduction is claimed under subsection (a), without diminution by reason of any distributions made during the election year, for all controlled foreign corporations of the United States shareholder.''. (2) Conforming amendments.-- (A) Section 965(b) of such Code is amended by striking paragraphs (2) and (4) and by redesignating paragraph (3) as paragraph (2). (B) Section 965(c) of such Code is amended by striking paragraphs (1) and (2) and by redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively. (C) Paragraph (3) of section 965(c) of such Code, as redesignated by subparagraph (B), is amended to read as follows: ``(3) Controlled groups.--All United States shareholders which are members of an affiliated group filing a consolidated return under section 1501 shall be treated as one United States shareholder.''. (d) Clerical Amendments.-- (1) The heading for section 965 of the Internal Revenue Code of 1986 is amended by striking ``temporary''. (2) The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by striking ``Temporary dividends'' and inserting ``Dividends''. (e) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 102. ESTABLISHMENT OF EMERGENCY TRANSPORTATION SAFETY FUND. (a) In General.--There is established in the Treasury of the United States a trust fund to be known as the ``Emergency Transportation Safety Fund''. (b) Transfers to Emergency Transportation Safety Fund.-- (1) In general.--There are hereby appropriated to the Emergency Transportation Safety Fund amounts equivalent to 50 percent of the excess of-- (A) the taxes received in the United States Treasury which are attributable to eligible 965 dividends received by corporations which are United States shareholders, over (B) the amount of the foreign tax credit allowed under section 901 of the Internal Revenue Code of 1986 which is attributable to the non-deductible portion of such eligible 965 dividends. (2) Definitions.--For purposes of this subsection-- (A) Eligible 965 dividend.--The term ``eligible 965 dividend'' means any amount received from a controlled foreign corporation for which a deduction is allowed under section 965 of the Internal Revenue Code of 1986, as determined based on estimates made by the Secretary of the Treasury, or the Secretary's delegate. (B) Non-deductible portion.--The term ``non- deductible portion'' means the excess of the amount of any eligible 965 dividend over the deductible portion (as defined in section 965(d)(3) of the Internal Revenue Code of 1986) of such amount. (c) Emergency Relief Expenditures.--Section 125(c) of title 23, United States Code, is amended by adding at the end the following: ``(3) Emergency transportation safety fund.--Amounts deposited into the Emergency Transportation Safety Fund established under section 102(a) of the Emergency Transportation Safety Fund Act are authorized to be obligated to carry out, in priority order, the projects on the current list compiled by the Secretary under section 201(b)(1) of such Act that meet the eligibility requirements set forth in subsection (a).''. TITLE II--EMERGENCY TRANSPORTATION SAFETY PRIORITY LIST SEC. 201. EMERGENCY TRANSPORTATION PRIORITIES. (a) List.--The Secretary of Transportation, in consultation with a representative sample of State and local government transportation officials, shall compile a prioritized list of emergency transportation projects, which will guide the allocation of funding to the States from the Emergency Transportation Safety Fund. (b) Criteria.--In compiling the list under subsection (a), the Secretary of Transportation, in addition to other criteria established by the Secretary, shall rank priorities in descending order, beginning with-- (1) whether the project is part of the interstate highway system; (2) whether the project is a road or bridge that is closed for safety reasons; (3) the impact of the project on interstate commerce; (4) the volume of traffic affected by the project; and (5) the overall value of the project or entity. (c) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to Congress that includes-- (1) a prioritized list of emergency transportation projects to be funded through the Emergency Transportation Safety Fund; and (2) a description of the criteria used to establish the list referred to in paragraph (1). (d) Quarterly Updates.--Not less frequently than 4 times per year, the Secretary of Transportation shall-- (1) update the report submitted pursuant to subsection (c); (2) send a copy of the report to Congress; and (3) make a copy of the report available to the public through the Department of Transportation's website.", "summary": "Emergency Transportation Safety Fund Act - Amends the Internal Revenue Code to reduce the tax rate on current and accumulated foreign earnings of U.S. corporations reinvested in the United States and make such lower rate permanent. Establishes the Emergency Transportation Safety Fund and makes appropriations to it. Directs the Secretary of Transportation (DOT) to compile a prioritized list of emergency transportation projects, which will guide the allocation of Fund amounts to the states."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Service Dogs for Veterans Act of 2009''. SEC. 2. PILOT PROGRAM ON USE OF SERVICE DOGS FOR THE TREATMENT OR REHABILITATION OF VETERANS WITH PHYSICAL OR MENTAL INJURIES OR DISABILITIES. (a) Findings.--Congress makes the following findings: (1) The United States owes a profound debt to those who have served the United States honorably in the Armed Forces. (2) Disabled veterans suffer from a range of physical and mental injuries and disabilities. (3) In 2008, the Army reported the highest level of suicides among its soldiers since it began tracking the rate 28 years before 2009. (4) A scientific study documented in the 2008 Rand Report entitled ``Invisible Wounds of War'' estimated that 300,000 veterans of Operation Enduring Freedom and Operation Iraqi Freedom currently suffer from post-traumatic stress disorder. (5) Veterans have benefitted in multiple ways from the provision of service dogs. (6) The Department of Veterans Affairs has been successfully placing guide dogs with the blind since 1961. (7) Thousands of dogs around the country await adoption. (b) Program Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a three-year pilot program to assess the benefits, feasibility, and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities, including post-traumatic stress disorder. (c) Partnerships.-- (1) In general.--The Secretary shall carry out the pilot program by partnering with nonprofit organizations that-- (A) have experience providing service dogs to individuals with injuries or disabilities; (B) do not charge fees for the dogs, services, or lodging that they provide; and (C) are accredited by a generally accepted industry-standard accrediting institution. (2) Reimbursement of costs.--The Secretary shall reimburse partners for costs relating to the pilot program as follows: (A) For the first 50 dogs provided under the pilot program, all costs relating to the provision of such dogs. (B) For dogs provided under the pilot program after the first 50 dogs provided, all costs relating to the provision of every other dog. (d) Participation.-- (1) In general.--As part of the pilot program, the Secretary shall provide a service dog to a number of veterans with physical or mental injuries or disabilities that is greater than or equal to the greater of-- (A) 200; and (B) the minimum number of such veterans required to produce scientifically valid results with respect to assessing the benefits and costs of the use of such dogs for the treatment or rehabilitation of such veterans. (2) Composition.--The Secretary shall ensure that-- (A) half of the participants in the pilot program are veterans who suffer primarily from a mental health injury or disability; and (B) half of the participants in the pilot program are veterans who suffer primarily from a physical injury or disability. (e) Study.--In carrying out the pilot program, the Secretary shall conduct a scientifically valid research study of the costs and benefits associated with the use of service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities. The matters studied shall include the following: (1) The therapeutic benefits to such veterans, including the quality of life benefits reported by the veterans partaking in the pilot program. (2) The economic benefits of using service dogs for the treatment or rehabilitation of such veterans, including-- (A) savings on health care costs, including savings relating to reductions in hospitalization and reductions in the use of prescription drugs; and (B) productivity and employment gains for the veterans. (3) The effectiveness of using service dogs to prevent suicide. (f) Reports.-- (1) Annual report of the secretary.--After each year of the pilot program, the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the pilot program. (2) Final report by the national academy of sciences.--Not later than 180 days after the date of the completion of the pilot program, the National Academy of Sciences shall submit to Congress a report on the results of the pilot program.", "summary": "Service Dogs for Veterans Act of 2009 - Directs the Secretary of Veterans Affairs (VA) to commence a three-year pilot program to assess the benefits, feasibility, and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities, including post-traumatic stress disorder. Requires related reports to Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Mississippi Conservation and River Protection Act of 2012'' or the ``Upper Mississippi CARP Act''. SEC. 2. DEFINITIONS. In this Act: (1) Alternative technology barrier.--The term ``alternative technology barrier'' means-- (A) an electric barrier; (B) an acoustic barrier; (C) a bubble barrier; and (D) any other barrier the Secretary determines to be appropriate. (2) Asian carp.--The term ``Asian carp'' means-- (A) grass carp (Ctenopharyngodon idella); (B) silver carp (Hypophthalmichthys molitrix); (C) bighead carp (Hypophthalmichthys nobilis); and (D) black carp (Mylopharyngodon piceus). (3) Lock and dam 2.--The term ``Lock and Dam 2'' means the lock and dam located on Mississippi River mile 815.2 upstream of Hastings, Minnesota. (4) Lock and dam 4.--The term ``Lock and Dam 4'' means the lock and dam located on Mississippi River mile 752.8 in Alma, Wisconsin. (5) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (6) Upper st. anthony falls lock and dam.--The term ``Upper St. Anthony Falls Lock and Dam'' means the lock and dam located on Mississippi River mile 853.9 in Minneapolis, Minnesota. SEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF UPPER ST. ANTHONY FALLS LOCK. (a) Study.--The Secretary shall conduct a study on the feasibility of temporarily closing the lock at the Upper St. Anthony Falls Lock and Dam to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Potential Impacts.--In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of-- (1) temporary closure of the lock; and (2) continuing to operate the lock. (c) Consultation.--The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (d) Public Comment.--In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comments. (e) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. SEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP CONTROL MEASURES. (a) Study.--The Secretary shall conduct a study on the feasibility of implementing control measures at the Upper St. Anthony Falls Lock and Dam to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Types of Control Measures.--The study shall include an examination of-- (1) permanent closure of the lock; (2) modified lock operations; (3) the use of an alternative technology barrier; and (4) any other control measures the Secretary determines to be appropriate. (c) Potential Impacts.--In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of-- (1) implementing each of the control measures described in subsection (b); and (2) not implementing any control measures. (d) Consultation.--The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (e) Public Comment.--In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comments. (f) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. SEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF ASIAN CARP. (a) Discretionary Closure.--The Secretary may close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines in writing, based on the assessment of potential impacts under section 3(b), that closure of the lock is justified as a method to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Mandatory Closure.--The Secretary shall close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines that-- (1) 1 or more live adult Asian carp has been captured above Lock and Dam 2; or (2) 1 or more juvenile Asian carp has been captured above Lock and Dam 4. (c) Period of Closure.--If the Secretary closes the lock under this section, the Secretary may reopen the lock after the Secretary determines in writing that adequate measures are in place to manage the threat of Asian carp moving upstream of the Upper St. Anthony Falls Lock and Dam. (d) Emergency Operations.--Nothing in this section shall prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK. The Council on Environmental Quality shall incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that, to the maximum extent practicable, Federal agencies researching Asian carp control technologies should partner with State and local shareholders, giving priority to those collaborative partnerships in which the State and local shareholders contribute to the cost of the research.", "summary": "Upper Mississippi Conservation and River Protection Act of 2012 or the Upper Mississippi CARP Act - Directs the Chief of Engineers to: (1) study the feasibility of temporarily closing the lock at the Upper St. Anthony Falls Lock and Dam, or implementing control measures at the lock, including permanently closing the lock, modifying lock operations, or using an alternative technology barrier, to manage the threat of Asian carp traveling up the Mississippi River in Minnesota; and (2) assess the potential impacts, including environmental and economic impacts, of temporarily closing the lock or continuing to operate it and of implementing the control measures or not implementing such measures. Authorizes the Chief to close the lock upon determining that closure is justified based on the assessment of potential impacts. Requires the Chief to close the lock upon determining that a live adult Asian carp has been captured above Lock and Dam 2 or that a juvenile Asian carp has been captured above Lock and Dam 4. Allows the Chief to reopen the lock upon determining that adequate measures are in place to manage the threat. Directs the Council on Environmental Quality to incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. Expresses the sense of Congress that federal agencies researching Asian carp control technologies should partner with state and local shareholders, giving priority to collaborative partnerships in which such shareholders contribute to the cost of the research."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinating Assistance for TANF Recipients Act''. SEC. 2. COORDINATED CASE MANAGEMENT DEMONSTRATION PROJECTS. Section 403 of the Social Security Act (42 U.S.C. 603) is amended by adding at the end the following: ``(c) Coordinated Case Management Demonstration Projects.-- ``(1) In general.--The Secretary shall make grants to States to conduct demonstration projects designed to implement and evaluate strategies to provide coordinated case management to help individuals receiving assistance under a State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) increase their employment and self- sufficiency. ``(2) Application requirements.--The Secretary shall require each State that applies for a grant under this paragraph to do the following: ``(A) Describe how, using the funds provided under this paragraph, the State will develop an individual responsibility plan in accordance with section 408(b) for each recipient referred to in paragraph (1) of this subsection. ``(B) Describe how the State will coordinate the development of this plan with other programs and agencies providing benefits and services to the individual to help the recipient increase the employment and self-sufficiency of the recipient. ``(C) Describe how the State will coordinate the delivery of the benefits and services to the recipient (which may include the use of home visiting models). ``(D) Describe how the State will meet with the recipient at least monthly to review the employment status of the recipient and status of the participation of the recipient in other activities, the benefits and services the recipient is receiving, and the progress of the recipient toward meeting the goals specified in the individual responsibility plan of the recipient. ``(3) Use of funds.--A State to which a grant is made under this subsection may use the grant for the following purposes: ``(A) To support coordinated case managers in completing the activities specified in paragraph (2). ``(B) To provide short-term transitional benefits and services to individuals who, due to increased employment or earnings, may face disincentives to increasing work or earnings due to the phase-out or loss of certain benefits. ``(C) To ensure that recipients of services under the demonstration project have a choice between 2 or more coordinated case management service providers. ``(D) To improve coordination between programs serving recipients who are part of the demonstration project. ``(E) To improve coordination between information technology and other systems to deliver better benefits or services to the recipient, except that not more than 10 percent of the grant amount may be used for this purpose. ``(4) Evaluation.--The Secretary, in consultation with each State conducting a demonstration project under this subsection, shall conduct a high-quality evaluation of the demonstration project in accordance with the following: ``(A) Evaluator qualifications.--The Secretary may not enter into a contract with an evaluator unless the evaluator has demonstrated experience in conducting rigorous evaluations of program effectiveness including, where available and appropriate, well- implemented randomized controlled trials. ``(B) Methodologies to be used.--The evaluation of a demonstration project shall use experimental designs using random assignment or other reliable, evidence- based research methodologies that allow for the strongest possible causal inferences when random assignment is not feasible. ``(C) Public disclosure.--The Secretary shall publish the results of the evaluation on the website of the Department of Health and Human Services in a location easily accessible by the public. ``(D) Limitation on cost of evaluations.--For evaluations under this paragraph, the Secretary may not obligate more than 20 percent of the funds reserved under paragraph (6) for each fiscal year. ``(5) Recommendations to congress.--The Secretary shall submit recommendations to the Congress on ways to improve case management and better coordinate benefits and services across programs. ``(6) Funding.--Of the amounts made available to carry out subsection (b) for fiscal year 2016 and each succeeding fiscal year, the Secretary shall reserve $300,000,000 to carry out this subsection. ``(7) Availability of funds.--Funds provided to a State under this subsection for a fiscal year shall be expended by the State in the fiscal year or in the succeeding fiscal year.''. SEC. 3. EFFECTIVE DATE. The amendment made by this Act shall take effect on October 1, 2015.", "summary": "Coordinating Assistance for TANF Recipients Act This bill amends part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to direct the Department of Health and Human Services to make grants to states to conduct demonstration projects designed to implement and evaluate strategies to provide coordinated case management to help individuals receiving TANF assistance to increase their employment and self-sufficiency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Comprehensive Hepatitis C Health Care Act''. SEC. 2. COMPREHENSIVE HEPATITIS C HEALTH CARE TESTING AND TREATMENT PROGRAM FOR VETERANS. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1720E the following new section: ``Sec. 1720F. Hepatitis C testing and treatment ``(a)(1) During the first year after the date of the enactment of this section, the Secretary shall provide a blood test for the Hepatitis C virus to-- ``(A) each veteran who served in the active military, naval, or air service during the Vietnam era and is enrolled to receive care under section 1710 of this title who requests the test or is otherwise receiving a physical examination or any care or treatment from the Secretary; and ``(B) to any other veteran who requests the test. ``(2) After the end of the one-year period referred to in paragraph (1), the Secretary shall provide a blood test for the Hepatitis C virus to any veteran who presents one or more risk factors for that virus and who requests the test. ``(b) In the case of any veteran who tests positive for the Hepatitis C virus, the Secretary shall provide an appropriate treatment protocol for that veteran. Treatment shall be provided under this subsection without regard to whether the Hepatitis C virus is determined to be service-connected and without regard to priority group categorization of the veteran. No copayment may be charged for treatment under this subsection. ``(c) In the case of any veteran who tests positive for the Hepatitis C virus, the Secretary shall, upon request, perform a liver biopsy on the veteran as a follow-up test. ``(d) In the case of any veteran who tests positive for the Hepatitis C virus, the Secretary shall, upon request, provide a Hepatitis C virus genotype test before beginning treatment of the veteran under subsection (b). ``(e)(1) The Secretary shall require that each Department medical center employ at least one full-time gastroenterologist or hepatologist to conduct tests for the Hepatitis C virus under this section. ``(2) The Secretary shall, to the extent practicable, ensure that each Department medical center has at least one staff member assigned to work, in coordination with Hepatitis C medical personnel, to coordinate treatment options for Hepatitis C patients and provide information for those patients. Such a staff member should preferably be trained in psychology or psychiatry or be a social worker. ``(3) In order to improve treatment provided to veterans with the Hepatitis C virus, the Secretary shall provide increased training options to Department health care personnel.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720E the following new item: ``1720F. Hepatitis C testing and treatment.''. SEC. 3. FUNDING FOR HEPATITIS C PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Program Account.--Beginning with fiscal year 2001, amounts appropriated for the Department of Veterans Affairs for Hepatitis C detection and treatment shall be provided, within the ``Medical Care'' account, through the ``Specific Purpose'' subaccount, rather than the ``VERA'' subaccount. (b) Allocation of Funds to VISNs.--In allocating funds appropriated for the Department of Veterans Affairs for the ``Medical Care'' account to the Veterans Integrated Service Networks, the Secretary of Veterans Affairs shall allocate funds for detection and treatment of the Hepatitis C virus based upon incidence rates of that virus among veterans (rather than based upon the overall population of veterans) in each such network. (c) Limitation on Use of Funds.--Amounts appropriated for the Department of Veterans Affairs for Hepatitis C detection and treatment through the ``Specific Purpose'' subaccount may not be used for any other purpose. SEC. 4. NATIONAL POLICY. (a) Standardized Nationwide Policy.--The Secretary of Veterans Affairs shall develop and implement a standardized policy to be applied throughout the Department of Veterans Affairs health care system with respect to the Hepatitis C virus. The policy shall include the testing protocol for the Hepatitis C virus, treatment options, education and notification efforts, and establishment of a specific Hepatitis C diagnosis code for measurement and treatment purposes. (b) Outreach.--The Secretary shall, on an annual basis, take appropriate actions to notify veterans who have not been tested for the Hepatitis C virus of the need for such testing and the availability of such testing from the Department of Veterans Affairs. SEC. 5. HEPATITIS C CENTERS OF EXCELLENCE. (a) Establishment.--The Secretary of Veterans Affairs shall establish at least one, and not more than three, Hepatitis C centers of excellence. Each such center shall be established at a Department of Veterans Affairs medical center in one of the five geographic service areas (known as a Veterans Integrated Service Network) with the highest case rate of Hepatitis C in fiscal year 1999. (b) Funding.--Funding for the centers established under subsection (a) shall be provided from amounts available to the Central Office of the Department of Veterans Affairs and shall be in addition to amounts allocated for Hepatitis C pursuant to section 3.", "summary": "Provides funding for Department Hepatitis C detection and treatment programs, beginning with FY 2001. Directs the Secretary to: (1) develop and implement a standardized Department policy with respect to such virus; and (2) annually take appropriate outreach actions to notify untested veterans. Directs the Secretary to establish at least one and no more than three Hepatitis C centers of excellence within the Department health care network. Provides centers' funding."}
{"article": "TITLE I--WITHDRAWAL OF ACKNOWLEDGEMENT OR RECOGNITION SEC. 101. SHORT TITLE. This title may be cited as the ``Federally Recognized Indian Tribe List Act of 1994''. SEC. 102. DEFINITIONS. For the purposes of this title: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``Indian tribe'' means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe. (3) The term ``list'' means the list of recognized tribes published by the Secretary pursuant to section 104 of this title. SEC. 103. FINDINGS. The Congress finds that-- (1) the Constitution, as interpreted by Federal case law, invests Congress with plenary authority over Indian Affairs; (2) ancillary to that authority, the United States has a trust responsibility to recognized Indian tribes, maintains a government- to-government relationship with those tribes, and recognizes the sovereignty of those tribes; (3) Indian tribes presently may be recognized by Act of Congress; by the administrative procedures set forth in part 83 of the Code of Federal Regulations denominated ``Procedures for Establishing that an American Indian Group Exists as an Indian Tribe;'' or by a decision of a United States court; (4) a tribe which has been recognized in one of these manners may not be terminated except by an Act of Congress; (5) Congress has expressly repudiated the policy of terminating recognized Indian tribes, and has actively sought to restore recognition to tribes that previously have been terminated; (6) the Secretary of the Interior is charged with the responsibility of keeping a list of all federally recognized tribes; (7) the list published by the Secretary should be accurate, regularly updated, and regularly published, since it is used by the various departments and agencies of the United States to determine the eligibility of certain groups to receive services from the United States; and (8) the list of federally recognized tribes which the Secretary publishes should reflect all of the federally recognized Indian tribes in the United States which are eligible for the special programs and services provided by the United States to Indians because of their status as Indians. SEC. 104. PUBLICATION OF LIST OF RECOGNIZED TRIBES. (a) Publication of the List.--The Secretary shall publish in the Federal Register a list of all Indian tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (b) Frequency of Publication.--The list shall be published within 60 days of enactment of this Act, and annually on or before every January 30 thereafter. TITLE II--CENTRAL COUNCIL OF TLIN- GIT AND HAIDA INDIAN TRIBES OF ALASKA SEC. 201. SHORT TITLE. This title may be cited as the ``Tlingit and Haida Status Clarification Act''. SEC. 202. FINDINGS. The Congress finds and declares that-- (1) the United States has acknowledged the Central Council of Tlingit and Haida Indian Tribes of Alaska pursuant to the Act of June 19, 1935 (49 Stat. 388, as amended, commonly referred to as the ``Jurisdiction Act''), as a federally recognized Indian tribe; (2) on October 21, 1993, the Secretary of the Interior published a list of federally recognized Indian tribes pursuant to part 83 of title 25 of the Code of Federal Regulations which omitted the Central Council of Tlingit and Haida Indian Tribes of Alaska; (3) the Secretary does not have the authority to terminate the federally recognized status of an Indian tribe as determined by Congress; (4) the Secretary may not administratively diminish the privileges and immunities of federally recognized Indian tribes without the consent of Congress; and (5) the Central Council of Tlingit and Haida Indian Tribes of Alaska continues to be a federally recognized Indian tribe. SEC. 203. REAFFIRMATION OF TRIBAL STATUS. The Congress reaffirms and acknowledges that the Central Council of Tlingit and Haida Indian Tribes of Alaska is a federally recognized Indian tribe. SEC. 204. DISCLAIMER. (a) In General.--Nothing in this title shall be interpreted to diminish or interfere with the government-to-government relationship between the United States and other federally recognized Alaska Native tribes, nor to vest any power, authority, or jurisdiction in the Central Council of Tlingit and Haida Indian Tribes of Alaska over other federally recognized Alaska Native tribes. (b) Constitution of Central Council of the Tlingit and Haida Indian Tribes of Alaska.--Nothing in this title shall be construed as codifying the Constitution of the Central Council of the Tlingit and Haida Indian Tribes of Alaska into Federal law. SEC. 205. PROHIBITION AGAINST DUPLICATIVE SERVICES. Other federally recognized tribes in Southeast Alaska shall have precedence over the Central Council of Tlingit and Haida Indian Tribes of Alaska in the award of a Federal compact, contract or grant to the extent that their service population overlaps with that of the Central Council of Tlingit and Haida Indian tribes of Alaska. In no event shall dually enrolled members result in duplication of Federal service funding. TITLE III--PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA SEC. 301. SHORT TITLE. This title may be cited as the ``Paskenta Band Restoration Act''. SEC. 302. DEFINITIONS. For purposes of this title: (1) The term ``Tribe'' means the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Interim Council'' means the governing body of the Tribe specified in section 307. (4) The term ``member'' means an individual who meets the membership criteria under section 306(b). (5) The term ``State'' means the State of California. (6) The term ``reservation'' means those lands acquired and held in trust by the Secretary for the benefit of the Tribe pursuant to section 305. (7) The term ``service area'' means the counties of Tehama and Glenn, in the State of California. SEC. 303. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES. (a) Federal Recognition.--Federal recognition is hereby extended to the Tribe. Except as otherwise provided in this title, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this title shall be applicable to the Tribe and its members. (b) Restoration of Rights and Privileges.--Except as provided in subsection (d), all rights and privileges of the Tribe and its members under any Federal treaty, Executive order, agreement, or statute, or under any other authority which were diminished or lost under the Act of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby restored and the provisions of such Act shall be inapplicable to the Tribe and its members after the date of enactment of this Act. (c) Federal Services and Benefits.--Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after the date of enactment of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes or their members. In the case of Federal services available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe's service area shall be deemed to be residing on a reservation. (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this title shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water right of the Tribe and its members. (e) Indian Reorganization Act Applicability.--The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its members. (f) Certain Rights Not Altered.--Except as specifically provided in this title, nothing in this title shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes levied. SEC. 304. ECONOMIC DEVELOPMENT. (a) Plan for Economic Development.--The Secretary shall-- (1) enter into negotiations with the governing body of the Tribe with respect to establishing a plan for economic development for the Tribe; (2) in accordance with this section and not later than two years after the adoption of a tribal constitution as provided in section 308, develop such a plan; and (3) upon the approval of such plan by the governing body of the Tribe, submit such plan to the Congress. (b) Restrictions.--Any proposed transfer of real property contained in the plan developed by the Secretary under subsection (a) shall be consistent with the requirements of section 305. SEC. 305. TRANSFER OF LAND TO BE HELD IN TRUST. (a) Lands To Be Taken in Trust.--The Secretary shall accept any real property located in Tehama County, California, for the benefit of the Tribe if conveyed or otherwise transferred to the Secretary if, at the time of such conveyance or transfer, there are no adverse legal claims to such property, including outstanding liens, mortgages, or taxes owned. The Secretary may accept any additional acreage in the Tribe's service area pursuant to the authority of the Secretary under the Act of June 18, 1934 (25 U.S.C. 461 et seq.). (b) Lands To Be Part of the Reservation.--Subject to the conditions imposed by this section, any real property conveyed or transferred under this section shall be taken in the name of the United States in trust for the Tribe and shall be part of the Tribe's reservation. SEC. 306. MEMBERSHIP ROLLS. (a) Compilation of Tribal Membership Roll.--Within one year after the date of the enactment of this Act, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe. (b) Criteria for Membership.--(1) Until a tribal constitution is adopted pursuant to section 308, an individual shall be placed on the membership roll if such individual is living, is not an enrolled member of another federally recognized Indian tribe, is of Nomlaki Indian ancestry, and if-- (A) such individual's name was listed on the Paskenta Indian Rancheria distribution roll compiled on February 26, 1959, by the Bureau of Indian Affairs and approved by the Secretary of the Interior on July 7, 1959, pursuant to Public Law 85-671; (B) such individual was not listed on the Paskenta Indian Rancheria distribution list, but met the requirements that had to be met to be listed on the Paskenta Indian Rancheria list; (C) such individual is identified as an Indian from Paskenta in any of the official or unofficial rolls of Indians prepared by the Bureau of Indian Affairs; or (D) such individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A), (B), or (C). (2) After adoption of a tribal constitution pursuant to section 308, such tribal constitution shall govern membership in the Tribe. (c) Conclusive Proof of Paskenta Indian Ancestry.--For the purpose of subsection (b), the Secretary shall accept any available evidence establishing Paskenta Indian ancestry. The Secretary shall accept as conclusive evidence of Paskenta Indian ancestry, information contained in the census of the Indians in and near Paskenta, prepared by Special Indian Agent John J. Terrell, in any other roll or census of Paskenta Indians prepared by the Bureau of Indian Affairs, and in the Paskenta Indian Rancheria distribution list, compiled by the Bureau of Indian Affairs on February 26, 1959. SEC. 307. INTERIM GOVERNMENT. Until a new tribal constitution and bylaws are adopted and become effective under section 308, the Tribe's governing body shall be an Interim Council. The initial membership of the Interim Council shall consist of the members of the Tribal Council of the Tribe on the date of the enactment of this Act, and the Interim Council shall continue to operate in the manner prescribed for the Tribal Council under the tribal constitution adopted December 18, 1993. Any new members filling vacancies on the Interim Council shall meet the membership criteria set forth in section 306(b) and be elected in the same manner as are Tribal Council members under the tribal constitution adopted December 18, 1993. SEC. 308. TRIBAL CONSTITUTION. (a) Election; Time and Procedure.--Upon the completion of the tribal membership roll under section 306(a) and upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election for the purpose of adopting a constitution and bylaws for the Tribe. The election shall be held according to section 16 of the Act of June 18, 1934 (25 U.S.C. 476), except that absentee balloting shall be permitted regardless of voter residence. (b) Election of Tribal Officials; Procedures.--Not later than 120 days after the Tribe adopts a constitution and bylaws under subsection (a), the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in such tribal constitution. Such election shall be conducted according to the procedures specified in subsection (a) except to the extent that such procedures conflict with the tribal constitution. SEC. 309. GENERAL PROVISION. The Secretary may promulgate such regulations as may be necessary to carry out the provisions of this title. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "TABLE OF CONTENTS: Title I: Withdrawal of Acknowledgement of Recognition Title II: Central Council of Tlingit and Haida Indian Tribes of Alaska Title III: Paskenta Band of Nomlaki Indians of California Title I: Withdrawal of Acknowledgement of Recognition - Federally Recognized Indian Tribe List Act of 1994 - Requires the Secretary of the Interior to publish an annual list of federally recognized Indian tribes. Title II: Central Council of Tlingit and Haida Indian Tribes of Alaska - Tlingit and Haida Status Clarification Act - States that the Congress reaffirms and acknowledges that the Central Council of Tlingit and Haida Indian Tribes of Alaska is a federally recognized Indian tribe. Title III: Paskenta Band of Nomlaki Indians of California - Paskenta Band Restoration Act - Extends Federal recognition and restores rights and privileges of the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Protection Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Social Security is the most successful and reliable social program in our Nation's history. (2) For 75 years, through good times and bad, Social Security has reliably kept millions of senior citizens, individuals with disabilities, and children out of poverty. (3) Before President Franklin Roosevelt signed the Social Security Act into law on August 14, 1935, approximately half of the senior citizens in the United States lived in poverty; less than 10 percent of seniors live in poverty today. (4) Social Security has succeeded in protecting working Americans and their families from devastating drops in household income due to lost wages resulting from retirement, disability, or the death of a spouse or parent. (5) More than 53,000,000 Americans receive Social Security benefits, including 36,500,000 retirees and their spouses, 9,200,000 veterans, 8,200,000 disabled individuals and their spouses, 4,500,000 surviving spouses of deceased workers, and 4,300,000 dependent children. (6) Social Security has never contributed to the Federal budget deficit or the national debt, and benefit cuts should not be proposed as a solution to reducing the Federal budget deficit. (7) Social Security is not in a crisis or going bankrupt, as the Social Security Trust Funds have been running surpluses for the last quarter of a century. (8) According to the Social Security Administration, the Social Security Trust Funds currently maintain a $2,600,000,000,000 surplus that is project to grow to $4,200,000,000,000 by 2023. (9) According to the Social Security Administration, even if no changes are made to the Social Security program, full benefits will be available to every recipient until 2037, with enough funding remaining after that date to pay about 78 percent of promised benefits. (10) According to the Social Security Administration, ``money flowing into the [Social Security] trust funds is invested in U.S. Government securities . . . the investments held by the trust funds are backed by the full faith and credit of the U.S. Government. The Government has always repaid Social Security, with interest.''. (11) All workers who contribute into Social Security through the 12.4 percent payroll tax, which is divided equally between employees and employers on income up to $106,800, deserve to have a dignified and secure retirement. (12) Social Security provides the majority of income for two-thirds of the elderly population in the United States, with approximately one-third of elderly individuals receiving nearly all of their income from Social Security. (13) Overall, Social Security benefits for retirees currently average a modest $14,000 a year, with the average for women receiving benefits being less than $12,000 per year. (14) Nearly 1 out of every 4 adult Social Security beneficiaries has served in the United States military. (15) Social Security is not solely a retirement program, as it also serves as a disability insurance program for American workers who become permanently disabled and unable to work. (16) The Social Security Disability Insurance program is a critical lifeline for millions of American workers, as a 20- year-old worker faces a 30 percent chance of becoming disabled before reaching retirement age. (17) Proposals to privatize the Social Security program would jeopardize the security of millions of Americans by subjecting them to the ups-and-downs of the volatile stock market as the source of their retirement benefits. (18) Raising the retirement age would jeopardize the retirement future of millions of American workers, particularly those in physically demanding jobs as well as lower-income women, African-Americans, and Latinos, all of whom have a much lower life expectancy than wealthier Americans. (19) Social Security benefits have already been cut by 13 percent, as the Normal Retirement Age was raised in 1983 from 65 years of age to 67 years of age by 2022. (20) According to the Social Security Administration, raising the retirement age for future retirees would reduce benefits by 6 to 7 percent for each year that the Normal Retirement Age is raised. (21) Reducing cost-of-living adjustments for current or future Social Security beneficiaries would force millions of such individuals to choose between heating their homes, putting food on the table, or paying for their prescription drugs. (22) Social Security is a promise that this Nation cannot afford to break. SEC. 3. LIMITATION ON CHANGES TO THE SOCIAL SECURITY PROGRAM FOR CURRENT AND FUTURE BENEFICIARIES. (a) In General.--Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider, for purposes of the old-age, survivors, and disability insurance benefits program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), any legislation that-- (1) increases the retirement age (as defined in section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1))) or the early retirement age (as defined in section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2))) for individuals receiving benefits under title II of the Social Security Act on or after the date of enactment of this Act; (2) reduces cost-of-living increases for individuals receiving benefits under title II of the Social Security Act on or after the date of enactment of this Act, as determined under section 215(i) of the Social Security Act (42 U.S.C. 415(i)); (3) reduces benefit payment amounts for individuals receiving benefits under title II of the Social Security Act on or after the date of enactment of this Act; or (4) creates private retirement accounts for any of the benefits individuals receive under title II of the Social Security Act on or after the date of enactment of this Act. (b) Waiver or Suspension.-- (1) In the senate.--The provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, present and voting. (2) In the house.--The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, present and voting. (c) Point of Order Protection.--In the House of Representatives, it shall not be in order to consider a rule or order that waives the application of paragraph (2) of subsection (b). (d) Motion To Suspend.--It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV of the Rules of the House of Representatives.", "summary": "Social Security Protection Act of 2011 - Makes it out of order in the Senate or the House of Representatives to consider any legislation that: (1) increases the retirement age or the early retirement age for individuals receiving benefits under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act on or after the enactment of this Act; (2) reduces cost-of-living increases for them; (3) reduces benefit payment amounts for them; or (4) creates private retirement accounts for any of the OSADI benefits they receive."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans Giving care to Elders (AGE) Act of 2007''. SEC. 2. CREDIT FOR ELDERCARE EXPENSES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. EXPENSES FOR ELDERCARE. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the eldercare expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(2) Applicable percentage defined.--For purposes of paragraph (1), the term `applicable percentage' means 20 percent reduced (but not below zero) by 1 percentage point for each $4,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $120,000. ``(b) Definitions of Qualifying Individual and Eldercare Expenses.--For purposes of this section-- ``(1) Qualifying individual.--The term `qualifying individual' means the father or mother of the taxpayer or an ancestor of such father or mother, who requires assistance with activities of daily living. ``(2) Eldercare expenses.-- ``(A) In general.--The term `eldercare expenses' means amounts paid for expenses for the care of a qualifying individual. ``(B) Care centers.--Eldercare expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a care center (as defined in subparagraph (C)) shall be taken into account only if such center complies with all applicable laws and regulations of a State or unit of local government. ``(C) Care center defined.--For purposes of this paragraph, the term `care center' means any facility which-- ``(i) provides care for more than six individuals, and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(c) Dollar Limit on Amount Creditable.-- ``(1) In general.--The amount of the eldercare expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed $6,000. ``(2) Coordination with dependent care assistance exclusion.--The dollar amount in paragraph (1) shall be reduced by the aggregate amount excluded from gross income under section 129 for the taxable year. ``(d) Special Rules.--For purposes of this section-- ``(1) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(2) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(3) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under subsection (a) with respect to any qualifying individual unless the taxpayer identification number of such individual is included on the return claiming the credit. ``(4) Married couples must file joint return.--Rules similar to the rules of paragraphs (2) and (3) of section 21(e) shall apply. ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any amount with respect to which a credit is allowed under section 21. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Expenses for eldercare.''. (c) Conforming Amendments.-- (1) Section 213(e) of the Internal Revenue Code of 1986 (relating to exclusion of amounts allowed for care of certain dependents) is amended-- (A) by inserting ``or section 25E'' after ``section 21'', and (B) by inserting ``and Elders'' after ``Certain Dependents'' in the heading. (2) Section 6213(g)(2) of such Code (relating to mathematical or clerical error) is amended-- (A) by inserting ``, section 25E (relating to expenses for care of elders),'' after ``(relating to expenses for household and dependent care services necessary for gainful employment)'' in subparagraph (H), and (B) by inserting ``25E,'' after ``24,'' in subparagraph (L). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. EXTENSION AND INCREASE IN FUNDING FOR THE NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM. Section 303(e)(2) of the Older Americans Act of 1965 (42 U.S.C. 3023(e)(2)), as amended by the Older Americans Act Amendments of 2006, is further amended by striking ``$166,500,000 for fiscal year 2008'' and all that follows through ``for fiscal year 2011'' and inserting ``$250,000,000 for each of fiscal years 2008, 2009, 2010, and 2011.''. SEC. 4. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING. (a) In General.--Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following: ``SEC. 423. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING. ``(a) Definitions.--In this section: ``(1) Public or private nonprofit entity.--The term `public or private nonprofit entity' means-- ``(A) a State, a political subdivision of a State, or an agency or instrumentality of such a State or political subdivision; or ``(B) a nonprofit entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. ``(2) State.--The term `State' means 1 of the 50 States. ``(b) Establishment.--The Secretary of Health and Human Services shall award a grant to or enter into a cooperative agreement with a public or private nonprofit entity to establish a National Resource Center on Family Caregiving (referred to in this section as the `Center'). ``(c) Purposes of National Resource Center.--The Center shall-- ``(1) identify, develop, and disseminate information on best practices for and evidence-based models of family caregiver support programs; ``(2) provide timely information on policy and program updates relating to family caregivers; ``(3) partner with related organizations to disseminate practical strategies and tools to support families in their caregiving roles; ``(4) convene educational programs and web-based seminars on family caregiver issues and program development; and ``(5) provide a comprehensive Internet website with a national searchable database on family caregiver programs and resources in the States. ``(d) Authorization.--There is authorized to be appropriated to carry out this section $12,000,000 for the period of fiscal years 2008 through 2011.''. (b) Technical Amendments.-- (1) Section 431(a) of such Act (42 U.S.C. 3033(a)) is amended by striking ``or contract'' the first place it appears and inserting ``or contract (including a cooperative agreement)''. (2) Section 432(a) of such Act (42 U.S.C. 3033a(a)) is amended by striking ``and contracts'' and inserting ``and contracts (including cooperative agreements)''.", "summary": "Americans Giving care to Elders (AGE) Act of 2007 - Amends the Internal Revenue Code to allow caregivers a tax credit for up to $6,000 of the eldercare expenses incurred for their parents (or ancestors of such parents). Amends the Older Americans Act of 1965 to: (1) increase funding for the National Family Caregiver Support Program through FY2011; and (2) establish a National Resource Center on Family Caregiving to provide information on and support for family caregiver support programs."}
{"article": "SECTION 1. DEPARTMENT OF AGRICULTURE PROGRAM TO ENCOURAGE AND ASSIST THE DONATION OF AGRICULTURAL COMMODITIES UNMARKETABLE UNDER MARKETING ORDERS. (a) Donation Program.--The Secretary of Agriculture shall establish a program to encourage and assist producers, processors, and other handlers of agricultural commodities described in subsection (b) to donate such commodities to selected food banks, soup kitchens, and homeless shelters in the United States to assist the homeless and needy. (b) Agricultural Commodities for Donation.--The agricultural commodities eligible for donation under the program established under subsection (a) are agricultural commodities that, while still fit for human consumption, are unmarketable because of grade, size, or quality restrictions imposed by a marketing order issued under section 8c of the Agricultural Adjustment Act (reenacted with amendments by the Agricultural Marketing Agreement Act of 1937) (7 U.S.C. 608c) or by a marketing order or plan issued under another law relating to the research and promotion of a specific agricultural commodity. (c) Selection of Participants.--The Secretary of Agriculture may enter into agreements with producers, processors, and other handlers of agricultural commodities described in subsection (b) who offer to make such commodities available for donation under the program established under subsection (a). As part of such an agreement, the Secretary may agree to pay all or part of the costs incurred to harvest, handle, package, or process the agricultural commodity to be donated if the Secretary determines that-- (1) the commodity would likely not be harvested, handled, packaged, or processed in the absence of the payment; and (2) volunteer harvesters or voluntary handling, packaging, or processing services are unavailable or unfeasible. (d) Eligible Food Banks, Soup Kitchens, and Homeless Shelters.-- (1) Nomination by local governments.--Local governments in a State may nominate food banks, soup kitchens, and homeless shelters for selection to receive agricultural commodities under the program established under subsection (a). The nominations shall be submitted to the State official appointed by the chief executive of the State to receive such nominations. (2) State plan.--The State official referred to in paragraph (1) shall prepare a donation plan for the State based upon the nominations submitted under such paragraph. The official shall submit the plan to the Secretary of Agriculture at such times as the Secretary may require. (3) Selection by secretary.--Based upon the agricultural commodities and funds available for the program for a year, the Secretary of Agriculture shall review the submitted plans and select food banks, soup kitchens, and homeless shelters in each State to receive agricultural commodities under the program. If the State official referred to in paragraph (1) is not appointed for a State, the Secretary may establish an alternative method for the selection of food banks, soup kitchens, and homeless shelters in that State to receive agricultural commodities under the program. (4) Consultation.--The nomination and selection of food banks, soup kitchens, and homeless shelters under this subsection should be made after consultation with nonprofit organizations serving the homeless and needy and with other interested persons. (e) Distribution of Donated Agricultural Commodities.--The Secretary of Agriculture, in consultation with the Secretary of Transportation, shall enter into contracts with persons to collect, store, and distribute agricultural commodities made available for donation under the program established under subsection (a). Contracts under this subsection shall be awarded on a competitive basis and may be for such term as the Secretary of Agriculture considers to be appropriate. (f) Funds for Program.--The Secretary of Agriculture shall use funds available for the purposes of section 32 of the Act entitled ``An Act to amend the Agricultural Adjustment Act, and for other purposes.'', approved August 24, 1935 (7 U.S.C. 612c), to carry out the program established under subsection (a), including the cost of contracts entered into under subsection (e). Notwithstanding any other provision of such section, the amount devoted to this program for a fiscal year shall be equal to at least 25 percent of the unobligated balance remaining under such section at the end of the preceding fiscal year. (g) Definitions.--For purposes of this section: (1) The term ``food bank'' means a public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that provide meals or food to homeless or needy individuals on a regular basis. (2) The term ``soup kitchen'' means a public or charitable institution that maintains an established feeding operation to provide meals for individuals and families who do not have access to food and who are nutritionally at risk, such as the homeless, the elderly, and the impoverished. (3) The term ``homeless shelter'' means a public or charitable institution that maintains an established feeding operation to provide meals to homeless or needy individuals as part of a regular program to provide shelter, bedding, health care services, drug and alcohol abuse counseling, or occupational training to such individuals.", "summary": "Directs the Secretary of Agriculture to establish a program to encourage and assist producers, processors, and other handlers of agricultural commodities to donate edible but unmarketable commodities to selected U.S. food banks, soup kitchens, and homeless shelters."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings for Seniors Act of 2017''. SEC. 2. INTERIM PROTECTIONS FOR SOCIAL SECURITY TRUST FUND SURPLUS. (a) In General.--Section 201(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; and (2) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after each fiscal year after fiscal year 2017, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `social security surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year, ``(II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and ``(III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year, and ``(II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2017, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act.'.''. SEC. 3. SOCIAL SECURITY INVESTMENT COMMISSION. (a) Establishment.--There is established in the executive branch of the Government a Social Security Investment Commission. (b) Study and Report.--As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund, other than investment in the form of obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. Not later than October 1, 2017, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition.--The Commission shall be composed of-- (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership Requirements.--Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of Appointments.--Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Administrative Provisions.-- (1) Meetings.--The Commission shall meet-- (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers.-- (A) In general.--The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies.--A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (g) Compensation.-- (1) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses.--A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Commission. (h) Termination.--The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).", "summary": "Savings for Seniors Act of 2017 This bill amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. The Managing Trustee of the Social Security trust funds (the Secretary of the Treasury) must: (1) transfer annual Social Security surpluses to the account; and (2) may not invest the balance in the account until a law takes effect after FY2017 that authorizes, for amounts in the trust fund, an investment vehicle other than U.S. obligations resulting in the transfer of trust fund assets to the general fund of the Treasury. The bill establishes in the executive branch a commission to study the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund other than investments in the form of U.S. obligations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Flight 93 National Memorial Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) on September 11, 2001, passengers and crewmembers of United Airlines Flight 93 courageously gave their lives to prevent a planned attack on the Capital of the United States; (2) thousands of people have visited the crash site since September 11, 2001, drawn by the heroic action and sacrifice of the passengers and crewmembers aboard Flight 93; (3) many people in the United States are concerned about the future disposition of the crash site, including-- (A) grieving families of the passengers and crewmembers; (B) the people of the region where the crash site is located; and (C) citizens throughout the United States; (4) many of those people are involved in the formation of the Flight 93 Task Force, a broad, inclusive organization established to provide a voice for all parties interested in and concerned about the crash site; (5) the crash site commemorates Flight 93 and is a profound symbol of American patriotism and spontaneous leadership by citizens of the United States; (6) a memorial of the crash site should-- (A) recognize the victims of the crash in an appropriate manner; and (B) address the interests and concerns of interested parties; and (7) it is appropriate that the crash site of Flight 93 be designated as a unit of the National Park System. (b) Purposes.--The purposes of this Act are-- (1) to establish a memorial to honor the passengers and crewmembers aboard United Airlines Flight 93 on September 11, 2001; (2) to establish the Flight 93 Advisory Commission to assist in the formulation of plans for the memorial, including the nature, design, and construction of the memorial; and (3) to authorize the Secretary of the Interior to administer the memorial, coordinate and facilitate the activities of the Flight 93 Advisory Commission, and provide technical and financial assistance to the Flight 93 Task Force. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Flight 93 Advisory Commission established by section (4)(b). (2) Crash site.--The term ``crash site'' means the site in Stonycreek Township, Somerset County, Pennsylvania, where United Airlines Flight 93 crashed on September 11, 2001. (3) Memorial.--The term ``Memorial'' means the memorial to the passengers and crewmembers of United Airlines Flight 93 established by section 4(a). (4) Passenger or crewmember.-- (A) In general.--The term ``passenger or crewmember'' means a passenger or crewmember aboard United Airlines Flight 93 on September 11, 2001. (B) Exclusions.--The term ``passenger or crewmember'' does not include a terrorist aboard United Airlines Flight 93 on September 11, 2001. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Task Force.--The term ``Task Force'' means the Flight 93 Task Force. SEC. 4. MEMORIAL TO HONOR THE PASSENGERS AND CREWMEMBERS OF FLIGHT 93. (a) Establishment.--There is established as a unit of the National Park System a memorial at the crash site to honor the passengers and crewmembers of Flight 93. (b) Advisory Commission.-- (1) Establishment.--There is established a commission to be known as the ``Flight 93 Advisory Commission''. (2) Membership.--The Commission shall be composed of-- (A) the Director of the National Park Service; and (B) 14 members, appointed by the Secretary, from among persons recommended by the Task Force. (3) Term; vacancies.-- (A) Term.--A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy on the Commission-- (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment was made. (4) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chairperson or a majority of the members. (B) Frequency.--The Commission shall meet not less than quarterly. (C) Notice.--Notice of meetings and the agenda for the meetings shall be published in-- (i) newspapers in and around Somerset County, Pennsylvania; and (ii) the Federal Register. (D) Open meetings.--Meetings of the Commission shall be subject to section 552b of title 5, United States Code. (5) Quorum.--A majority of the members of the Commission shall constitute a quorum. (6) Chairperson.--The Commission shall select a Chairperson from among the members of the Commission. (7) Duties.--The Commission shall-- (A) not later than 3 years after the date of enactment of this Act, submit to the Secretary and Congress a report that contains recommendations for the planning, design, construction, and long-term management of the memorial; (B) advise the Secretary on-- (i) the boundaries of the memorial; and (ii) the development of a management plan for the memorial; (C) consult with the Task Force, the State of Pennsylvania, and other interested parties, as appropriate; (D) support the efforts of the Task Force; and (E) involve the public in the planning and design of the memorial. (8) Powers.--The Commission may-- (A) make expenditures for services and materials appropriate to carry out the purposes of this section; (B) accept donations for use in carrying out this section and for other expenses associated with the memorial, including the construction of the memorial; (C) hold hearings and enter into contracts, including contracts for personal services; (D) by a vote of the majority of the Commission, delegate any duties that the Commission determines to be appropriate to employees of the National Park Service; and (E) conduct any other activities necessary to carry out this Act. (9) Compensation.--A member of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. (10) Termination.--The Commission shall terminate on the dedication of the memorial. (c) Duties of the Secretary.--The Secretary shall-- (1) administer the memorial as a unit of the National Park Service in accordance with-- (A) this Act; and (B) the laws generally applicable to units of the National Park System; (2) provide advice to the Commission on the collection, storage, and archiving of information and materials relating to the crash or the crash site; (3) consult with and assist the Commission in-- (A) providing information to the public; (B) interpreting any information relating to the crash or the crash site; (C) conducting oral history interviews; and (D) conducting public meetings and forums; (4) participate in the development of plans for the design and construction of the memorial; (5) provide to the Commission-- (A) assistance in designing and managing exhibits, collections, or activities at the memorial; (B) project management assistance for design and construction activities; and (C) staff and other forms of administrative support; (6) acquire from willing sellers the land or interests in land for the memorial by donation, purchase with donated or appropriated funds, or exchange; and (7) provide the Commission any other assistance that the Commission may require to carry out this Act. Passed the Senate September 10, 2002. Attest: Secretary. 107th CONGRESS 2d Session S. 2136 _______________________________________________________________________ AN ACT To establish a memorial in the State of Pennsylvania to honor the passengers and crewmembers of Flight 93 who, on September 11, 2001, gave their lives to prevent a planned attack on the Capital of the United States.", "summary": "Flight 93 National Memorial Act - Establishes at the site in Stonycreek Township, Somerset County, Pennsylvania, where Flight 93 crashed on September 11, 2001, and as a unit of the National Park System a memorial to honor the passengers and crewmembers who died.Establishes a Flight 93 Advisory Commission to recommend planning, design, construction, and long-term management of the memorial."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Now Tax Cut Act of 2010''. SEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS. (a) In General.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Exemption for Certain Individuals Hired in 2010.-- ``(1) In general.--Subsection (a) shall not apply to wages paid by a qualified employer with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010, of any qualified individual for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Qualified employer.--For purposes of this subsection, the term `qualified employer' means any employer other than the United States, any State, any local government, or any instrumentality of the foregoing. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after February 3, 2010, and before January 1, 2011, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ``(C) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(D) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (b) Coordination With Work Opportunity Credit.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Coordination with payroll tax forgiveness.--The term `wages' shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(d)(3)) during the 1-year period beginning on the hiring date of such individual by a qualified employer (as defined in section 3111(d)) unless such qualified employer makes an election not to have section 3111(d) apply.''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective Date.--The amendments made by this section shall apply to wages paid after the date of the enactment of this Act. SEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS IN 2010. (a) In General.--In the case of any taxable year ending after the date of the enactment of this Act, the current year business credit determined under section 38(b) of the Internal Revenue Code of 1986 for such taxable year shall be increased by an amount equal to the product of-- (1) $1,000, and (2) the number of retained workers with respect to which subsection (b)(2) is first satisfied during such taxable year. (b) Retained Worker.--For purposes of this section, the term ``retained worker'' means any qualified individual (as defined in section 3111(d)(3) of the Internal Revenue Code of 1986)-- (1) who was employed by the taxpayer on any date during the taxable year, (2) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and (3) whose wages for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period.", "summary": "Hire Now Tax Cut Act of 2010 - Amends the Internal Revenue Code to: (1) exempt for-profit and nonprofit employers from social security taxes in 2010 for new employees who are hired after February 3, 2010, and before January 1, 2011, and who certify that they have not worked more than 40 hours during the last 60 days; and (2) allow an increase in the general business tax credit for the retention of such employees for at least one year at specified wage levels. Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act amounts necessary to cover any reduction in revenues resulting from the tax exemptions provided by this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Responsibility and Improvement Act of 1993''. TITLE I--CONTINUING EDUCATION FOR LAW ENFORCEMENT OFFICERS. SEC. 101. STATEMENT OF PURPOSE. It is the purpose of this title to assist States to establish scholarship programs which-- (1) assist State and local law enforcement efforts to enhance the educational status of law enforcement personnel; and (2) provide educational assistance to law enforcement personnel seeking continuing education; SEC. 102. ALLOTMENT. From amounts appropriated under the authority of section 110, the Assistant Attorney General shall allocate-- (1) 80 percent of such funds to States on the basis of the number of law enforcement officers in each State; and (2) 20 percent of such funds to States on the basis of a State's shortage of law enforcement personnel and the need for assistance under this title. SEC. 103. PROGRAM ESTABLISHED. (a) In General.--From amounts available under this title, each State shall pay the Federal share of the cost of awarding scholarships to law enforcement personnel to enable such personnel during nonworking hours to enroll in courses, not to exceed a total of 18 credit hours, at an institution of higher education. (b) Federal Share.--(1) The Federal share of the cost of scholarships under this title shall not exceed 60 percent. (2) The non-Federal share of the cost of scholarships under this title shall be supplied from sources other than the Federal Government. (c) Lead Agency.--Each State receiving an allotment under section 102 to conduct a scholarship program in a State in accordance with the provisions of this title shall designate an appropriate State agency to serve as the lead agency in carrying out the provisions of this title. (d) Responsibilities of Assistant Attorney General.--The Assistant Attorney General shall be responsible for the administration of the program conducted pursuant to this title and shall, in consultation with the Assistant Secretary for Postsecondary Education, promulgate regulations to implement this title. (e) Administrative Expenses.--Each State receiving an allotment under section 102 may reserve not more than 8 percent of such allotment for administrative expenses. (f) Supplementation of Funding.--Funds received under this title shall be used to supplement, and not to supplant, Federal, State, or local efforts to provide for continuing education of law enforcement personnel. SEC. 104. SCHOLARSHIPS. (a) Restrictions.--Notwithstanding a change in law enforcement positions or departments or an institution of higher education, a law enforcement officer is eligible to receive scholarship funds for a total of 18 credit hours. (b) Use of Scholarships.--A law enforcement officer awarded a scholarship under this title may use such scholarship for educational expenses at an accredited institution of higher education. (c) Eligibility.--A law enforcement officer shall be eligible to receive a scholarship under this title if such individual has been employed in law enforcement for the 1-year period immediately preceding the date on which assistance is sought. SEC. 105. STATE APPLICATION. (a) In General.--Each State desiring an allotment under section 102 shall submit an application to the Assistant Attorney General at such time, in such manner, and accompanied by such information as the Assistant Attorney General may reasonably require. Each such application shall-- (1) contain assurances that the lead agency shall work in cooperation with the local law enforcement liaisons, representatives of police labor organizations and police management organizations, and other appropriate State and local agencies to develop and implement interagency agreements designed to carry out the provisions of this title; (2) contain assurances that the State shall advertise the scholarship assistance provided under this title; (3) contain assurances that the State shall screen and select law enforcement personnel for participation in the scholarship program under this title; (4) contain assurances that the State shall make scholarship payments to institutions of higher education on behalf of individuals receiving financial assistance under this title; and (5) identify model curriculum and existing programs designed to meet the educational and professional needs of law enforcement personnel. SEC. 106. LOCAL APPLICATION. Each individual desiring to receive a scholarship under this title shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may reasonably require. Each such application shall describe the academic courses for which financial assistance is sought. SEC. 107. SCHOLARSHIP AGREEMENT. (a) In General.--Each individual receiving a scholarship under this title shall enter into an agreement with the Assistant Attorney General. (b) Contents.--Each agreement described in subsection (a) shall provide assurances that such individual shall make every effort to meet all course requirements. SEC. 108. REPORTS TO CONGRESS. Not later than April 1 of each fiscal year, the Assistant Attorney General shall submit a report to the Attorney General, the President, the Speaker of the House of Representatives, and the President of the Senate. Such report shall-- (1) state the number of present and past scholarship recipients under this title; (2) describe the geographic, racial, and gender dispersion of scholarship recipients; and (3) describe the progress of the program and make recommendations for changes in the program. SEC. 109. DEFINITIONS. As used in this title-- (1) the term ``Assistant Attorney General'' means the Assistant Attorney General of the Office of Justice Programs; (2) the term ``educational expenses'' means expenses that are directly attributable to a course offered at an institution of higher education, including the cost of tuition, fees, books, supplies and related expenses; (3) the term ``institution of higher education'' has the same meaning given such term in section 1401(a) of the Higher Education Act of 1965; (4) the term ``law enforcement position'' means employment as an officer in a State or local police force, or correctional institution; and (5) the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. SEC. 110. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $3,000,000 for each of the fiscal years 1994, 1995, 1996, 1997, and 1998 to carry out the provisions of this title. TITLE II--LAW ENFORCEMENT RESPONSIBILITY PROVISIONS Subtitle A--Police Accreditation SEC. 201. APPLICATION FOR ACCREDITATION. (a) In General.--Subject to subsections (b) and (c), law enforcement agencies of a State, unit of local government, or non- Federal public agency may apply for law enforcement agency accreditation. (b) Filing of Accreditation Application.--Applications for accreditation as provided under section (a), may be filed with the Commission on Accreditation of Law Enforcement Agencies. (c) Forwarding to Justice Department.--A copy of the application filed under subsection (b) shall then be forwarded to the Accreditation Coordinator at the Department of Justice as provided for in section 202(b). (d) Good Faith.--Law enforcement agencies shall file the application for accreditation in good faith, and shall use all good faith efforts to assist in processing the application for accreditation. SEC. 202. FEDERAL ASSISTANCE FOR AGENCIES SEEKING ACCREDITATION. (a) In General.--The Attorney General shall be given the discretion under section 524(c)(1) of title 28, United States Code, to provide financial and technical assistance, as provided in subsections (b), (c), and (d) for law enforcement agencies applying for accreditation as provided in section 201. (b) Accreditation Coordinator.--The Attorney General shall appoint an Accreditation Coordinator to assist law enforcement agencies seeking Federal assistance in processing accreditation as provided in section 201. (c) Additional Accreditation Staffing.--The Accreditation Coordinator shall provide necessary personnel to assist law enforcement agencies in processing applications for accreditation and complete the accreditation process as provided by section 201. (d) Reimbursement of Administrative Costs.--Upon request, the Accreditation Coordinator may reimburse a law enforcement agency for any administrative costs incurred by such law enforcement agency in processing the application for accreditation if-- (1) such law enforcement agency has requested assistance from the Accreditation Coordinator; (2) the Accreditation Coordinator did not furnish such assistance but did certify the agency as likely to benefit in terms of improved law enforcement from the process and as eligible for expense reimbursement; and (3) such law enforcement agency has successfully completed the accreditation process as provided in section 201. (e) Financing.--The total monies provided under subsection (a) shall not be greater than $1,000,000 or 1 percent of those monies available to the Attorney General under section 524(c)(1) of title 28, United States Code. Subtitle B--Civilian Protection in Cases of Police Misconduct SEC. 211. CIVILIAN PROTECTION IN CASES OF POLICE MISCONDUCT. State, local, and public law enforcement agencies shall have procedures as established in subsection (b), allowing citizen submission of sworn complaints regarding the action, or inaction, of the law enforcement agency, law enforcement officers in the agency, or employees of the agency. SEC. 212. MINIMUM STANDARDS. Subject to section 213, individual law enforcement agencies shall provide, at a minimum, that-- (1) the general public has access to required forms and information concerning the submission, and disposition of sworn complaints; (2) the law enforcement agency assist individuals in filing complaints; (3) adequate records to allow regular monitoring of the nature and disposition of such cases are to be maintained by the agency; (4) the law enforcement agency has established written procedures for hearings; and (5) the complainant receives a written report on the final disposition of the complaint. SEC. 213. SEALED RECORDS. Any or all records required under section 212 may be sealed to prevent public disclosure if-- (1) good cause has been shown by order of a court of competent jurisdiction, and (2) such order is public record and states reasons for sealing. Subtitle C--Law Enforcement Officer's Responsibility SEC. 221. RESPONSIBILITIES OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION. Whenever a law enforcement officer is under formal investigation for alleged malfeasance, misfeasance, or nonfeasance of official duty, with a view to possible disciplinary action, demotion, dismissal, suspension, or criminal charges, except as provided in section 226, the following minimum standards shall apply: (1) The law enforcement officer shall be informed in writing of all charges made against the officer, the nature and purpose of the investigation and the name, rank, and command of the person or persons conducting such investigation and shall be given the opportunity to review any evidence or testimony relevant to the charges, in the possession of the law enforcement agency. (2) Except when the officer is requested to fulfill normal administrative duties or to provide the law enforcement agency with necessary reports on performance of duty, no adverse inference shall be drawn and no punitive action taken from a refusal of the law enforcement officer being investigated to participate in such investigation. (3) The law enforcement officer being investigated shall be informed, in writing, of the date, time, and location of such questioning, of all persons who will be present during such questioning, and of the rights established by this title. (4) Except in emergency or adverse situations, no questioning of any law enforcement officer shall be conducted except during the officer's regularly scheduled working hours, unless the law enforcement officer otherwise agrees and except when such questioning is part of a normal supervisory operating of the law enforcement agency. (5) Any questioning shall be for a reasonable period of time, in a reasonable place, and shall allow for reasonable periods for the rest and personal necessities of such officer. (6) The law enforcement officer shall be entitled to the presence of a person of the officer's choice at any interrogation in connection with the formal investigation. SEC. 222. NOTICE OF DISCIPLINARY ACTION. Whenever a personnel action is taken against a law enforcement officer which could result in any loss of pay, benefits or seniority, or in suspension or termination, pursuant to an investigation of alleged malfeasance, misfeasance, or nonfeasance of official duty, such law enforcement officer shall be notified and informed of the reasons for such action at least five working days before such action takes effect. SEC. 223. ENTITLEMENT TO A HEARING. (a) In General.--If the investigation of a law enforcement officer results in the recommendations of disciplinary action, such as demotion, dismissal, or similar action, then, except as provided in section 226, the law enforcement officer shall be entitled to a hearing before an impartial decisionmaker. (b) Decisions in Writing.--The decisions of the decisionmaker, and reason therefor, shall be in writing, shall be transmitted promptly to the law enforcement officer and to the chief executive officer of the law enforcement agency. (c) Final and Binding.--The decisions of the decisionmaker shall be final and binding. SEC. 224. REPRESENTATION ON COMPLAINT REVIEW BOARDS. Whenever a police complaint review board has been established which includes in its membership persons other than law enforcement officers of the agencies under the jurisdiction of such board, such board shall include a fair representation of such officers including at least one officer of equal rank to the officer charged. SEC. 225. PROTECTION FROM RETALIATION FOR EXERCISING RIGHTS. There shall be no penalty nor threat of penalty to any law enforcement officer for the exercise of the rights established in this title. SEC. 226. EXCLUSIONARY PROVISIONS. The provisions of this subtitle do not apply to questioning carried out as part of a law enforcement agency's routine supervision of a law enforcement officer, summary discipline, administrative action, or emergency suspension. Subtitle D--General Provisions SEC. 231. PRIVATE ENFORCEMENT. Any citizen or law enforcement officer shall have the right to recover pecuniary and other damages including, but not limited to, full reinstatement of a law enforcement officer, from any person or agencies, including law enforcement agencies, which violate the rights established by this title. SEC. 232. OTHER REMEDIES NOT DISPARAGED. Nothing in this title shall disparage or impair any other legal remedy with respect to rights established by this title or any other State or Federal law. SEC. 233. EXCLUSION FOR STATES THAT MEET OR EXCEED PROVISIONS. Nothing in this title shall be construed to preempt any State law which meets or exceeds the minimum requirements set forth by this title. SEC. 234. DEFINITIONS. As used in this title-- (1) the term ``complaint review board'' means any public body which has specific lawful authority to investigate civilian complaints of improper conduct by law enforcement officers and take public action, including the issuance of findings and reports, but shall not include any law enforcement agency, a grand jury, or other judicially-appointed body; (2) the term ``law enforcement agency'' means any non- Federal public agency, except Federal law enforcement agencies, charged with the duty to investigate crimes, apprehend persons charged with such crimes, and hold in custody persons charged with such crimes; (3) the term ``law enforcement officer'' means any sworn officer of a public agency, if the official legal function of such agency is the investigation of reports of criminal activity or crimes, or the apprehension or holding in custody of persons charged or convicted of crimes, and includes all police, sheriffs' deputies, bailiffs, and corrections guards as defined by the applicable State law; (4) the terms ``summary discipline'' and ``administrative action'' mean discipline imposed for minor violations of department rules and regulations, which does not result in dismissal, demotion, transfer, loss of pay, or similar action; and (5) the term ``emergency suspension'' means situations in which the head of the law enforcement agency determines such temporary action is necessary to protect the interest of the public and the law enforcement agency and do not continue longer than the public necessity. HR 1148 IH----2", "summary": "TABLE OF CONTENTS: Title I: Continuing Education for Law Enforcement Officers Title II: Law Enforcement Responsibility Provisions Subtitle A: Police Accreditation Subtitle B: Civilian Protection in Cases of Police Misconduct Subtitle C: Law Enorcement Officer's Responsibility Subtitle D: General Provisions Law Enforcement Responsibility and Improvement Act of 1993 - Title I: Continuing Education for Law Enforcement Officers - Directs: (1) each State to pay the Federal share (60 percent) of the cost of awarding scholarships to law enforcement personnel to enable such personnel during non-working hours to enroll in courses, not to exceed a total of 18 credit hours, at an institution of higher education; and (2) the Assistant Attorney General to allocate, from amounts appropriated pursuant to this Act, 80 percent of such funds to States based on the number of law enforcement officers in each State and 20 percent based on a State's shortage of law enforcement personnel and need for assistance. Title II: Law Enforcement Responsibility Provisions - Subtitle A: Police Accreditation - Establishes procedures by which law enforcement agencies of a State, unit of local government, or non-Federal public agency may apply for law enforcement agency accreditation. (Sec. 202) Grants the Attorney General discretion to provide financial and technical assistance for law enforcement agencies applying for accreditation. Directs the Attorney General to appoint an Accreditation Coordinator to assist such agencies seeking Federal assistance in processing accreditation. Subtitle B: Civilian Protection in Cases of Police Misconduct - Requires that State, local, and public law enforcement agencies have procedures, including specified minimum standards, allowing citizen submission of sworn complaints regarding the action or inaction of a law enforcement agency, its officers, or employees. (Sec. 213) Specifies that any or all records required pursuant to this Act may be sealed to prevent public disclosure if good cause has been shown by order of a court of competent jurisdiction and if such order is public record and states reasons for sealing. Subtitle C: Law Enforcement Officer's Responsibility - Sets forth minimum standards that apply whenever a law enforcement officer is under formal investigation for alleged malfeasance, misfeasance, or nonfeasance of official duty, with a view to possible disciplinary action, demotion, dismissal, suspension, or criminal charges, with exceptions. (Sec. 222) Sets forth provisions regarding: (1) notice of disciplinary action; (2) entitlement to a hearing; (3) fair representation on complaint review boards; and (4) protection from retaliation for exercising rights. Subtitle D: General Provisions - Grants any citizen or law enforcement officer the right to recover damages, including full reinstatement of a law enforcement officer, from any person or agencies which violate the rights established by this title. (Sec. 233) Specifies that nothing in this title shall be construed to preempt any State law which meets or exceeds the minimum requirements set forth by this title."}
{"article": "SECTION 1. LIVESTOCK ENERGY INVESTMENT CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 40A the following new section: ``SEC. 40B. RENEWABLE ENERGY PRODUCED FROM LIVESTOCK WASTE USING EPA- VERIFIED TECHNOLOGIES FOR THE COMPREHENSIVE ENVIRONMENTAL TREATMENT OF LIVESTOCK WASTE. ``(a) In General.--For purposes of section 38, the livestock- derived renewable energy production credit for any taxable year is an amount equal to the product of-- ``(1) $5.56, and ``(2) each million British thermal units (mmBtu) of livestock-derived renewable energy-- ``(A) produced by the taxpayer-- ``(i) from qualified energy feedstock, ``(ii) at a qualified facility during the 7-year period beginning on the date the facility was originally placed in service, and ``(iii) using an EPA-verified technology that provides comprehensive livestock waste treatment addressing significant reductions to nitrogen and phosphorus nutrient discharges, odor and air emissions including greenhouse gases and ammonia, methane, hydrogen sulfide and volatile organic compounds, and ``(B) either-- ``(i) sold by the taxpayer to an unrelated person during the taxable year, or ``(ii) used by the taxpayer during the taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Livestock-derived renewable energy.--The term `livestock-derived renewable energy' means fuel which is derived by processing qualified energy feedstock. ``(2) Qualified energy feedstock.-- ``(A) In general.--The term `qualified energy feedstock' means-- ``(i) manure of livestock (including any litter, wood shavings, straw, rice hulls, bedding material, and other materials incidentally collected with the manure), ``(ii) any nonhazardous, organic agricultural or food industry byproduct or waste material (cellulosic or otherwise) derived from-- ``(I) renewable biomass, ``(II) harvesting residue, ``(III) any waste or byproduct from fermentation processes, ethanol production, biodiesel production, slaughter of livestock, food production, food processing, or food service, or ``(IV) other organic wastes, byproducts, or sources, ``(iii) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes, and tree trimmings, or ``(iv) agricultural or forestry crops. ``(B) Renewable biomass.--The term `renewable biomass' means materials from pre-commercial thinning or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that-- ``(i)(I) are byproducts of preventive treatments that are removed-- ``(aa) to reduce or contain disease or insect infestation, or ``(bb) to restore ecosystem health, ``(II) would not otherwise be used for higher-value products, and ``(III) are harvested in accordance with applicable law and land management plans and the requirements for-- ``(aa) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512), and ``(bb) large tree retention of subsection (f) of that section, or ``(ii) any organic matter that is available on a renewable or recurring basis from non- Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-- ``(I) renewable plant material (such as feed grains, other agricultural commodities, other plants and trees, and algae), and ``(II) waste material (such as crop residue, other vegetative waste material (including wood waste and wood residues), animal waste and byproducts (including fats, oils, greases, and manure), food waste, and yard waste). ``(C) Livestock.--The term `livestock' includes poultry, cattle, sheep, swine, goats, horses, mules, and other equines. ``(3) Qualified facility.--The term `qualified facility' means a facility-- ``(A) which is owned by the taxpayer, ``(B) which is located in the United States, ``(C) which is originally placed in service before January 1, 2018, and ``(D) the livestock-derived renewable energy output of which is-- ``(i) marketed through interconnection with a gas distribution or transmission pipeline, or ``(ii) used on-site or off-site in a quantity that is sufficient to offset the consumption of at least 50,000 mmBtu annually of commercially marketed fuel derived from coal, crude oil, natural gas, propane, or other fossil fuel. ``(4) EPA-verified technology.--The term `EPA-verified technology' means any technology the performance of which is verified by the Environmental Technology Verification Program of the Environmental Protection Agency. ``(c) Reduction of Credit Based on Market Price of Btus.-- ``(1) In general.--If the market price per mmBtu's exceeds $11, the amount otherwise applicable under subsection (a)(1) for the taxable year (without regard to paragraph (1)) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount otherwise so applicable as such excess bears to $5. ``(2) Rounding.--Any reduction determined under subparagraph (A) which is not a multiple of 10 cents shall be rounded to the nearest multiple of 10 cents. ``(3) Market price.--For purposes of this paragraph, the market price per mmBtu for any taxable year shall be the daily average market price per mmBtu on the Chicago exchange during the 3-month period ending at the close of the preceding taxable year. ``(d) Special Rules.--For purposes of this section-- ``(1) Production attributable to the taxpayer.--In the case of a facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the qualified facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such qualified facility. ``(2) Related persons.--Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling livestock-derived renewable energy to an unrelated person if such biogas is sold to such a person by another member of such group. ``(3) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(4) Coordination with credit from producing fuel from a nonconventional source.--The amount of livestock-derived renewable energy produced and sold or used by the taxpayer during any taxable year which is taken into account under this section shall be reduced by the amount of livestock-derived renewable energy produced and sold by the taxpayer in such taxable year which is taken into account under section 45K. ``(5) Credit eligibility in the case of government-owned facilities using poultry waste.--In the case of a facility using poultry waste to produce livestock-derived renewable energy and owned by a governmental unit, subparagraph (B) of subsection (b)(3) shall be applied by substituting `is leased or operated by the taxpayer' for `is owned by the taxpayer'. ``(e) Transferability of Credit.-- ``(1) In general.--A taxpayer may transfer the credit under this section through an assignment to any person. Such transfer may be revoked only with the consent of the Secretary. ``(2) Regulations.--The Secretary shall prescribe such regulations as necessary to ensure that any credit transferred under paragraph (1) is claimed once and not reassigned by such other person. ``(f) Adjustment Based on Inflation.-- ``(1) In general.--The $5.56 amount in subsection (a)(1) and the $11 amount in subsection (c)(2)(A) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. ``(2) Computation of inflation adjustment factor.-- ``(A) In general.--The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor in accordance with this paragraph. ``(B) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to a calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for calendar year 2007. The term `GDP implicit price deflator' means the most recent revision of the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce before March 15 of the calendar year.''. (b) Credit Treated as Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the livestock-derived renewable energy production credit under section 40B(a).''. (c) Credit Allowed Against Amt.--Section 38(c)(4)(B) of such Code is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii)(II) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) the credit determined under section 40B.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 40A the following new item: ``Sec. 40B. Renewable energy produced from livestock waste using EPA- verified technologies for the comprehensive environmental treatment of livestock waste.''. (e) Effective Date.--The amendments made by this section shall apply to energy produced, and sold or used, in taxable years beginning after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to allow a business-related tax credit for: (1) the production of renewable energy from qualified energy feedstock using a technology verified by the Environmental Protection Agency (EPA); and (2) the sale or use of such energy. Defines \"qualified energy feedstock\" to include manure of livestock, any nonhazardous, organic agricultural or food industry byproduct or waste material derived from renewable biomass, solid wood waste materials, or agricultural or forestry crops. Allows such credit to offset alternative minimum tax (AMT) liability."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The wars in Iraq and Afghanistan have resulted in a generation of veterans with traumatic brain injuries. (2) Since 2001, more than 265,000 members of the Armed Forces have suffered traumatic brain injuries. (3) Since 2001, more than 26,000 members of the Armed Forces have suffered moderate or severe head wounds. (4) Advances in medicine have kept members of the Armed Forces alive who have suffered head wounds that might have killed them in previous conflicts. (5) The pilot program of the Department of Veterans Affairs to assess the effectiveness of providing assisted living services to eligible veterans to enhance the rehabilitation, quality of life, and community integration of such veterans required by section 1705(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 38 U.S.C. 1710C note) has provided to veterans who have moderate to severe traumatic brain injuries, often coupled with other significant physical and psychological challenges, a level of comprehensive, coordinated care in residential facilities across the United States since 2008. (6) The model of care practiced under the pilot program specified in paragraph (5) has yielded impressive results and helped rehabilitate dozens of veterans from severe injuries that are notoriously difficult to treat. (7) The Department of Veterans Affairs does not offer to veterans any alternatives to the pilot program specified in paragraph (5) that replicate-- (A) the comprehensiveness of the rehabilitative care provided under such program; (B) the benefit of providing care under such program in a residential setting; and (C) the significant positive impact on veterans of the sustained, longer-term care provided under such program. SEC. 3. EXTENSION AND MODIFICATION OF PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY. (a) Extension of Program.--Subsection (a) of section 1705 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 38 U.S.C. 1710C note) is amended by striking ``a five-year'' and inserting ``an eight-year''. (b) Modification of Locations.--Subsection (b) of such section is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by striking paragraph (1) and inserting the following new paragraphs: ``(1) In general.--The pilot program shall be carried out at locations selected by the Secretary for purposes of the pilot program. ``(2) Located in same region as polytrauma centers.--Of the locations selected under paragraph (1), at least one location shall be in each health care region of the Veterans Health Administration of the Department of Veterans Affairs that contains a polytrauma center of the Department of Veterans Affairs.''. (c) Modification of Report Requirements.--Subsection (e) of such section is amended to read as follows: ``(e) Reports.-- ``(1) Annual report.-- ``(A) In general.--Not later than two years after the date of the enactment of the Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act, and not later than September 30 each year thereafter until 2018, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. ``(B) Elements.--Each report submitted under subparagraph (A) shall include the following: ``(i) The number of individuals that participated in the pilot program during the year preceding the submission of the report. ``(ii) The number of individuals that successfully completed the pilot program during the year preceding the submission of the report. ``(iii) The degree to which pilot program participants and family members of pilot program participants were satisfied with the pilot program. ``(iv) The interim findings and conclusions of the Secretary with respect to the success of the pilot program and recommendations for improvement. ``(2) Final report.-- ``(A) In general.--Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a final report on the pilot program. ``(B) Elements.--The final report required by subparagraph (A) shall include the following: ``(i) A description of the pilot program. ``(ii) An assessment of the utility of the activities under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury, including complex mild traumatic brain injury. ``(iii) Such recommendations as the Secretary considers appropriate regarding improving the pilot program.''. (d) Modification of Definitions.-- (1) Community-based brain injury residential rehabilitative care services.--Such section is further amended-- (A) in the section heading, by striking ``assisted living'' and inserting ``community-based brain injury residential rehabilitative care''; (B) in subsection (c), in the subsection heading, by striking ``Assisted Living'' and inserting ``Community-Based Brain Injury Residential Rehabilitative Care''; (C) by striking ``assisted living'' each place it appears, and inserting ``community-based brain injury rehabilitative care''; and (D) in subsection (f)(1), by striking ``and personal care'' and inserting ``rehabilitation, and personal care''. (2) Eligible veteran.--Subsection (f)(3) of such section is amended-- (A) in subparagraph (C), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(E) has a traumatic brain injury that is classified as complex-mild to severe.''. (e) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2015 $46,000,000 to carry out the pilot program under section 1705 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 38 U.S.C. 1710C note), as amended by this section. The amount so authorized to be appropriated shall be available for obligation for the three-year period beginning on the date that is one year after the date of the enactment of this Act. (f) Effective Date.--The amendments made by this section shall take effect on October 1, 2014.", "summary": "Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act - Amends the National Defense Authorization Act for Fiscal Year 2008 to extend the pilot program to assess the effectiveness of providing assistance to eligible veterans with traumatic brain injury to enhance their rehabilitation, quality of life, and community integration. Requires that at least one location of the program be in each health care region of the Veterans Health Administration that contains a polytrauma center of the Department of Veterans Affairs (VA). (Under current law, selected locations also must include any location other than one described above in an area that contains a high concentration of veterans with traumatic brain injuries.) Expands requirements for reports on the pilot program. Replaces references to "assisted living" with the term "community-based brain injury residential rehabilitative care," including rehabilitation services within the meaning of such care. Requires a veteran, in order to be eligible for such services, to have a traumatic brain injury that is classified as complex-mild to severe."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Quit Smoking Incentive and Opportunity Act of 2003''. SEC. 2. FINDINGS. Congress finds as follows: (1) Unless the prevalence of tobacco use is cut dramatically, about 24,000,000 Americans, 1 out of every 2 current smokers in America, will die prematurely of a disease directly caused by their dependence on tobacco. (2) Smoking is the leading preventable cause of death in the United States with 400,000 premature deaths annually, and $157,000,000,000 in annual health-related economic losses, including more than $75,000,000,000 in excess medical expenditures. (3) Clinical studies have shown that pharmacological treatments are an effective treatment for tobacco dependence, and there are currently 6 medications that have been approved by the FDA for tobacco use cessation. (4) Clinical studies have shown that counseling is an effective treatment for tobacco dependence, and that counseling can be provided in individual or group settings, or via telephone, such as the Quit Lines provided by 33 States. (5) Studies have also shown that when counseling is combined with pharmacological treatment, the effectiveness of treatment doubles or triples (compared to counseling alone). (6) The cost of over-the-counter Nicotine Replacement Therapy (gum, patch, lozenges) is not covered by Medicare, and is rarely covered by private insurance. Fifteen states under Medicaid cover no Nicotine Replacement Therapy and many of the remaining 35 states do not cover all Nicotine Replacement Therapies. Nicotine Replacement Therapy is rarely tax- deductible, and typically costs about $300 for a suggested 10- week course of treatment. (7) The Guide to Community Preventive Services: Tobacco Use Prevention and Control (CDC 2000) and Treating Tobacco Use and Dependence: Clinical Practice Guideline (2000) recommended a reduction or elimination of out-of-pocket costs to increase the use of tobacco use cessation treatments. (8) Under current law, unreimbursed tobacco use cessation counseling programs and prescribed nicotine-withdrawal drugs are considered expenses for medical care that are deductible subject to the 7.5 percent of adjusted gross income limitation. (9) Two-thirds of all filers do not itemize. SEC. 3. REFUNDABLE CREDIT FOR AMOUNTS PAID TO ASSIST INDIVIDUALS TO CEASE USING TOBACCO PRODUCTS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 35 the following new section: ``SEC. 35A. CERTAIN EXPENSES TO ASSIST INDIVIDUALS TO CEASE USING TOBACCO PRODUCTS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the qualified tobacco use cessation expenses paid by the taxpayer during the taxable year for the benefit of the taxpayer, the taxpayer's spouse, or any dependent of the taxpayer. ``(b) Limitation.--The credit allowed under this section shall not exceed-- ``(1) $300 for amounts described in subsection (c)(1)(A), and ``(2) $100 for amounts described in subsection (c)(1)(B). ``(c) Qualified Tobacco Use Cessation Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified tobacco use cessation expenses' means expenses-- ``(A) for products determined by the Food and Drug Administration to be safe and effective in promoting a reduction in the use of tobacco products by individuals, and ``(B) for counseling for cessation of tobacco use. ``(2) Counseling.-- ``(A) In general.--Subject to subparagraph (B), the term `counseling for cessation of tobacco use' means diagnostic, therapy, and counseling services for cessation of tobacco use for individuals who use tobacco products or who are being treated for tobacco use which are furnished-- ``(i) by or under the supervision of a physician, or ``(ii) by any other health care professional who is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished. ``(B) Limitation.--Such term is limited to-- ``(i) services recommended in `Treating Tobacco Use and Dependence: A Clinical Practice Guideline', published by the Public Health Service in June 2000, or any subsequent modification of such Guideline, and ``(ii) such other services that the Secretary of Health and Human Services recognizes to be effective.'' (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 35 following new item: ``Sec. 35A. Certain expenses to assist individuals to cease using tobacco products.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Quit Smoking Incentive and Opportunity Act of 2003 - Amends the Internal Revenue Code to allow a limited credit for the qualified tobacco use cessation expenses (approved cessation products and counseling) of a taxpayer, the taxpayer's spouse, or any dependent of the taxpayer."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transit in Parks Act''. SEC. 2. ESTABLISHMENT OF TRANSIT IN PARKS PROGRAM. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5315 the following: ``Sec. 5316. Transit in parks ``(a) Establishment of Program.-- ``(1) In general.--Not later than 90 days after the date of enactment of the Transit in Parks Act, the Secretary of the Interior and the Secretary of Transportation shall enter into a memorandum of understanding to establish a transit in parks program in accordance with the provisions of this section. ``(2) Purpose.--The purpose of the program shall be to encourage and promote the development of transportation systems described in section 5301(a) within units of the National Park System to improve visitor mobility and enjoyment, reduce pollution and congestion, and enhance resource protection through the use of transit. ``(b) Administration of Program.--The program shall be administered by the Secretary of the Interior, in conjunction with the Secretary of Transportation. ``(c) Contents of Program.-- ``(1) In general.--Except as provided in paragraph (2), the program shall provide for the following: ``(A) Development of transportation plans and programs for units of the National Park System by the Secretary of the Interior instead of a metropolitan planning organization in accordance with sections 5303(a) and 5303(b). ``(B) Development of a long-range transportation plan for such units by the Secretary of the Interior instead of a metropolitan planning organization in accordance with section 5303(f). ``(C) The making of contracts and grants by the Secretary of Transportation to the Secretary of the Interior for planning, engineering, design, and evaluation of mass transportation projects in such units, and for technical studies, in accordance with section 5303(g). ``(D) Development and updating of a transportation improvement program for such units, and the selection and carrying out of projects in such units, by the Secretary of the Interior instead of a metropolitan planning organization in accordance with section 5304; except that any transportation improvement program developed under section 204(a) of title 23 for such unit shall be treated as meeting the requirement of this subparagraph until the Secretary of the Interior provides otherwise and the approval required by section 5304(a) shall only be the approval of the Secretary of the Interior. ``(E) The making of grants by the Secretary of Transportation to the Secretary of the Interior for capital projects by financing the planning and improvement costs of equipment, facilities, and associated capital maintenance in mass transportation for such units in accordance with subsections (a), (b), (c), and (d) of section 5307; except that the Secretary of the Interior shall serve as the designated recipient for the purposes of subsection (a)(2) of such section. ``(F) The making of grants by the Secretary of Transportation to the Secretary of the Interior for capital investment as described in subsection (a) of section 5309 in accordance with subsections (a), (d), and (e) of such section, (other than subsections (e)(1)(C) and (e)(4), relating to local financial commitment). ``(G) Projects for bicycle access in accordance with the first sentence of section 5319. ``(H) The making of contracts and grants by the Secretary of Transportation to the Secretary of the Interior for crime prevention and security in accordance with section 5321. ``(I) The making of contracts and grants by the Secretary of Transportation to the Secretary of the Interior for human resources programs in accordance with section 5322. ``(J) Grants under the program may be used to pay the operating cost of equipment and facilities used in mass transportation for such units. ``(K) Projects for which grants may be made under the program may include turnkey system projects under section 5326. ``(L) Labor protection in accordance with section 5333. ``(2) Exceptions.--The memorandum of understanding entered into under subsection (a) shall limit or modify the applicability of the provisions referred to in paragraph (1) to the program to the extent necessary to carry out the objectives of this section and to be compatible with the laws and regulations governing units of the National Park System. ``(b) Federal Share.--The Federal share of the cost of any project or activity carried out under this section shall be 100 percent. ``(c) Mass Transportation Defined.--In this section and for purposes of the program carried out under this section, the term `mass transportation' means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus or charter transportation. ``(d) Limitation on Applicability.--Except as otherwise provided in this section, the other provisions of this chapter (other than sections 5302 and 5338) shall not apply to this section and the program carried out under this section. ``(e) Savings Clause.--Nothing in this section shall be construed as superseding, amending, modifying or repealing any provision of law applicable to units of the National Park System.''. (b) Conforming Amendments.--The analysis for such chapter is amended by inserting after the item relating to section 5315 the following: ``5316. Transit in parks.''. SEC. 3. FUNDING. (a) Authorization of Appropriations.--Section 5338 of title 49, United States Code, is amended by adding at the end the following: ``(j) Transit in Parks.--There shall be available from the Mass Transit Account of the Highway Trust Fund $90,000,000 for each of fiscal years 2004 through 2010 to carry out section 5316.''. (b) Contract Authority.--Section 5338(g)(1) of such title is amended by striking ``or (f)(2)(A)'' and inserting ``(f)(2)(A), or (j)''. (c) Period of Availability.--Section 5338(i) of such title is amended-- (1) by striking the 1st comma; and (2) by striking the 2nd comma and inserting ``and subsection (j)''.", "summary": "Transit in Parks Act - Directs the Secretaries of the Interior and Transportation to establish and administer a transit in parks program to encourage and promote the development of mass transportation systems in the National Park System for improving visitor mobility and enjoyment, reducing pollution and congestion, and protecting park resources. Sets forth requirements for such program, including the development of transportation plans for units of the National Park System and the making of grants and contracts for the planning, engineering, design, and evaluation of mass transportation projects in such units and for capital projects and investment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Pharmacy Fairness Act of 2007''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any independent pharmacies who are engaged in negotiations with a health plan regarding the terms of any contract under which the pharmacies provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be entitled to the same treatment under the antitrust laws as the treatment to which bargaining units which are recognized under the National Labor Relations Act (29 U.S.C. 151 et seq.) are entitled in connection with activities described in section 7 of such Act (29 U.S.C. 157). Such a pharmacy shall, only in connection with such negotiations, be treated as an employee engaged in concerted activities and shall not be regarded as having the status of an employer, independent contractor, managerial employee, or supervisor. (b) Protection for Good Faith Actions.--Actions taken in good faith reliance on subsection (a) shall not be the subject under the antitrust laws of criminal sanctions nor of any civil damages, fees, or penalties beyond actual damages incurred. (c) No Change in National Labor Relations Act.--This section applies only to independent pharmacies excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (d) Effective Date.--The exemption provided in subsection (a) shall apply to conduct occurring beginning on the date of the enactment of this Act. (e) Limitation on Exemption.--Nothing in this section shall exempt from the application of the antitrust laws any agreement or otherwise unlawful conspiracy that excludes, limits the participation or reimbursement of, or otherwise limits the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation. (f) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in this section shall be construed to affect the application of title VI of the Civil Rights Act of 1964. (g) No Application to Specified Federal Programs.--Nothing in this section shall apply to negotiations between independent pharmacies and health plans pertaining to benefits provided under any of the following: (1) The Medicaid Program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (2) The State Children's Health Insurance Program (SCHIP) under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (3) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (4) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (5) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (6) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (h) Definitions.--For purposes of this section: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Health plan and related terms.-- (A) In general.--The term ``health plan''-- (i) means a group health plan or a health insurance issuer that is offering health insurance coverage; (ii) includes a prescription drug plan offered under part D of title XVIII of the Social Security Act and a Medicare Advantage plan offered under part C of such title; and (iii) includes any entity that contracts with such a plan or issuer for the administering of services under the plan or coverage. (B) Health insurance coverage; health insurance issuer.--The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)). (C) Group health plan.--The term ``group health plan'' has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)). (3) Independent pharmacy.--The term ``independent pharmacy'' means a pharmacy which is not owned (or operated) by a publicly traded company. For purposes of the previous sentence, the term ``publicly traded company'' means a company that is an issuer within the meaning of section 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(7)).", "summary": "Community Pharmacy Fairness Act of 2007 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations. Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred. Prohibits: (1) exempting from the antitrust laws any agreement or otherwise unlawful conspiracy that excludes, limits the participation or reimbursement of, or otherwise limits the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; and (2) applying this Act to negotiations between independent pharmacies and health plans pertaining to federal health benefits."}
{"article": "SECTION 1. JURISDICTION OF THE COMMODITY FUTURES TRADING COMMISSION OVER ENERGY TRADING MARKETS AND METALS TRADING MARKETS. (a) FERC Liaison.--Section 2(a)(8) of the Commodity Exchange Act (7 U.S.C. 2(a)(8)) is amended by adding at the end the following: ``(C) FERC liaison.--The Commission shall, in cooperation with the Federal Energy Regulatory Commission, maintain a liaison between the Commission and the Federal Energy Regulatory Commission.''. (b) Exempt Transactions.--Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended-- (1) in subsection (h), by adding at the end the following: ``(7) Applicability.--This subsection does not apply to an agreement, contract, or transaction in an exempt energy commodity or an exempt metal commodity described in section 2(j)(1).''; and (2) by adding at the end the following: ``(j) Exempt Transactions.-- ``(1) Transactions in exempt energy commodities and exempt metals commodities.--An agreement, contract, or transaction (including a transaction described in section 2(g)) in an exempt energy commodity or exempt metal commodity shall be subject to-- ``(A) sections 4b, 4c(a), 4c(b), 4o, and 5b; ``(B) subsections (c) and (d) of section 6 and sections 6c, 6d, and 8a, to the extent that those provisions-- ``(i) provide for the enforcement of the requirements specified in this subsection; and ``(ii) prohibit the manipulation of the market price of any commodity in interstate commerce or for future delivery on or subject to the rules of any contract market; ``(C) sections 6c, 6d, 8a, and 9(a)(2), to the extent that those provisions prohibit the manipulation of the market price of any commodity in interstate commerce or for future delivery on or subject to the rules of any contract market; ``(D) section 12(e)(2); and ``(E) section 22(a)(4). ``(2) Bilateral dealer markets.-- ``(A) In general.--Except as provided in paragraph (6), a person or group of persons that constitutes, maintains, administers, or provides a physical or electronic facility or system in which a person has the ability to offer, execute, trade, or confirm the execution of an agreement, contract, or transaction (including a transaction described in section 2(g)) (other than an agreement, contract, or transaction in an excluded commodity) by making or accepting the bids and offers of 1 or more participants on the facility or system (including facilities or systems described in clauses (i) and (iii) of section 1a(33)(B)), the person or group of persons, and the facility or system (referred to in this subsection as a `bilateral dealer market') may offer to enter into, enter into, or confirm the execution of any agreement, contract, or transaction under paragraph (1) (other than an agreement, contract, or transaction in an excluded commodity) if the bilateral dealer market meets the requirement of subparagraph (B). ``(B) Requirement.--The requirement of this subparagraph is that a bilateral dealer market shall-- ``(i) provide notice to the Commission in such form as the Commission may specify by rule or regulation; ``(ii) file with the Commission any reports (including large trader position reports) that the Commission requires by rule or regulation; ``(iii)(I) consistent with section 4i, maintain books and records relating to each transaction in such form as the Commission may specify for a period of 5 years after the date of the transaction; and ``(II) make those books and records available to representatives of the Commission and the Department of Justice for inspection for a period of 5 years after the date of each transaction; and ``(iv) make available to the public on a daily basis such information as total volume by commodity, settlement price, open interest, opening and closing ranges, and any other information that the Commission determines to be appropriate for public disclosure, except that the Commission may not-- ``(I) require the real time publication of proprietary information; or ``(II) prohibit the commercial sale of real time proprietary information. ``(3) Reporting requirements.--On request of the Commission, an eligible contract participant that trades on a bilateral dealer market shall provide to the Commission, within the time period specified in the request and in such form and manner as the Commission may specify, any information relating to the transactions of the eligible contract participant on the bilateral dealer market within 5 years after the date of any transaction that the Commission determines to be appropriate. ``(4) Capital requirements.-- ``(A) In general.--Except as provided in subparagraph (B), a bilateral dealer market shall adopt a value-at-risk model approved by the Commission. ``(B) Capital commensurate with risk.--If there is an interaction of multiple bids and multiple offers on the bilateral dealer market in a predetermined, nondiscretionary automated trade matching and trade execution algorithm or bids and offers and acceptances of bids and offers made on the bilateral dealer market are binding, a bilateral dealer market shall maintain sufficient capital commensurate with the risk associated with transactions on the bilateral dealer market, as determined by the Commission. ``(5) Transactions exempted by commission action.--Any agreement, contract, or transaction on a bilateral dealer market (other than an agreement, contract, or transaction in an excluded commodity) that would otherwise be exempted by the Commission under section 4(c) shall be subject to-- ``(A) sections 4b, 4c(a), 4c(b), 4o, and 5b; and ``(B) subsections (c) and (d) of section 6 and sections 6c, 6d, 8a, and 9(a)(2), to the extent that those provisions prohibit the manipulation of the market price of any commodity in interstate commerce or for future delivery on or subject to the rules of any contract market. ``(6) No effect on other ferc authority.--This subsection does not affect the authority of the Federal Energy Regulatory Commission to regulate transactions under the Federal Power Act (16 U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C 717 et seq.). ``(7) Applicability.--This subsection does not apply to-- ``(A) a designated contract market regulated under section 5; or ``(B) a registered derivatives transaction execution facility regulated under section 5a.''. (c) Contracts Designed to Defraud or Mislead.--Section 4b of the Commodity Exchange Act (7 U.S.C. 6b) is amended by striking subsection (a) and inserting the following: ``(a) Prohibition.--It shall be unlawful for any member of a registered entity, or for any correspondent, agent, or employee of any member, in or in connection with any order to make, or the making of, any contract of sale of any commodity in interstate commerce, made, or to be made on or subject to the rules of any registered entity, or for any person, in or in connection with any order to make, or the making of, any agreement, transaction, or contract in a commodity subject to this Act-- ``(1) to cheat or defraud or attempt to cheat or defraud any person; ``(2) willfully to make or cause to be made to any person any false report or statement, or willfully to enter or cause to be entered any false record; ``(3) willfully to deceive or attempt to deceive any person by any means; or ``(4) to bucket the order, or to fill the order by offset against the order of any person, or willfully, knowingly, and without the prior consent of any person to become the buyer in respect to any selling order of any person, or to become the seller in respect to any buying order of any person.'' (d) Conforming Amendments.--The Commodity Exchange Act is amended-- (1) in section 2 (7 U.S.C. 2)-- (A) in subsection (h)-- (i) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (7)''; and (ii) in paragraph (3), by striking ``paragraph (4)'' and inserting ``paragraphs (4) and (7)''; and (B) in subsection (i)(1)(A), by striking ``section 2(h) or 4(c)'' and inserting ``subsection (h) or (j) or section 4(c)''; (2) in section 4i (7 U.S.C. 6i)-- (A) by striking ``any contract market or'' and inserting ``any contract market,''; and (B) by inserting ``, or pursuant to an exemption under section 4(c)'' after ``transaction execution facility''; (3) in section 5a(g)(1) (7 U.S.C. 7a(g)(1)), by striking ``section 2(h)'' and inserting ``subsection (h) or (j) of section 2''; (4) in section 5b (7 U.S.C. 7a-1)-- (A) in subsection (a)(1), by striking ``2(h) or'' and inserting ``2(h), 2(j), or''; and (B) in subsection (b), by striking ``2(h) or'' and inserting ``2(h), 2(j), or''; and (5) in section 12(e)(2)(B) (7 U.S.C. 16(e)(2)(B)), by striking ``section 2(h) or 4(c)'' and inserting ``subsection (h) or (j) of section 2 or section 4(c)''. SEC. 2. JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION OVER ENERGY TRADING MARKETS. Section 402 of the Department of Energy Organization Act (42 U.S.C. 7172) is amended by adding at the end the following: ``(i) Jurisdiction Over Derivatives Transactions.-- ``(1) In general.--To the extent that the Commission determines that any contract that comes before the Commission is not under the jurisdiction of the Commission, the Commission shall refer the contract to the appropriate Federal agency. ``(2) Meetings.--A designee of the Commission shall meet quarterly with a designee of the Commodity Futures Trading Commission, the Securities Exchange Commission, the Federal Trade Commission, and the Federal Reserve Board to discuss-- ``(A) conditions and events in energy trading markets; and ``(B) any changes in Federal law (including regulations) that may be appropriate to regulate energy trading markets. ``(3) Liaison.--The Commission shall, in cooperation with the Commodity Futures Trading Commission, maintain a liaison between the Commission and the Commodity Futures Trading Commission.''.", "summary": "Amends the Commodity Exchange Act to instruct the Commodities Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC) to maintain a liaison with one another.Places transactions in certain energy or metal commodities within the regulatory and enforcement framework governing futures trading and foreign transactions (including a proscription against market price manipulation of any commodity in either interstate commerce or on the contract market for future delivery).Places electronic trading facilities (bilateral dealer markets) under the regulatory oversight of the CFTC, including filing, recordkeeping, reporting and capital requirements.Prohibits contracts designed to defraud or mislead.Amends the Department of Energy Organization Act to mandate that the following agencies hold quarterly meetings to discuss conditions in energy trading markets and any changes in Federal law needed to regulate them: FERC, CFTC, the Securities Exchange Commission, the Federal Trade Commission and the Federal Reserve Board."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Copper Valley Native Allotment Resolution Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Association.--The term ``Association'' means the Copper Valley Electric Association. (2) Native allotment.-- (A) In general.--The term ``Native allotment'' means-- (i) each of the following allotments issued under the Act of May 17, 1906 (34 Stat. 197, chapter 2469): (I) A-031653. (II) A-043380. (III) A-046337. (IV) AA-5896. (V) AA-6014, Parcel B. (VI) AA-6034. (VII) AA-7059. (VIII) AA-7242, Parcel B. (IX) AA-7336. (X) AA-7552. (XI) AA-7553. (XII) AA-7554. (XIII) AA-7600. (XIV) AA-8032; and (ii) any allotment for which a patent or Certificate of Allotment has been issued under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) across which the Association maintains an electric transmission line on the date of enactment of this Act. (B) Exclusions.--The term ``Native allotment'' does not include any allotment to which the Secretary has approved the grant of a right of way or issued a patent or Certificate of Allotment that is subject to a right of way held by the Association. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Alaska. SEC. 3. ELECTRIC TRANSMISSION LINE RIGHTS-OF-WAY. (a) In General.--There is granted to the Association rights-of-way across the Native allotments for an electric transmission line owned by the Association. (b) Width.--After considering any information provided by the Association, allottee, or any other source that the Secretary determines to be relevant, the Secretary shall determine an accurate legal description of the rights-of-way, the nature of the rights granted, and the widths of the rights-of-way granted by subsection (a). (c) Certain Agreements.--Notwithstanding any other provision of this Act, this Act does not apply to land owned by Ahtna, Inc. and any prior or current right-of-way agreements that may exist between Ahtna, Inc. and the Copper Valley Electric Association or the State. (d) Compensation.-- (1) In general.--The Secretary shall-- (A) appraise the value of the rights-of-way granted under subsection (a); (B) pay to any owner of a Native allotment or, if the owner is deceased, an heir or assign of the owner, compensation for the grant of a right-of-way over the Native allotment in an amount determined under paragraph (2); (C) issue recordable instruments that indicate the location of the rights-of-way over the Native allotments; (D) provide written notice of the compensation procedure for the rights-of-way to-- (i) the owner of record for each Native allotment; or (ii) if the owner of record is deceased, the heir or assign of the owner of record; and (E) publish in the Federal Register and any newspaper of general circulation within the service area of the Association and location of the relevant allotment-- (i) notice of the compensation procedure established by this subsection; and (ii) with respect to a Native allotment described in section 2(2)(A)(ii), the location of the right-of-way, as prepared by the Association and provided to the Secretary, in accordance with any requirements established by the Secretary. (2) Calculation of payments.-- (A) In general.--For purposes of calculating the amount of compensation required under paragraph (1)(B), the Secretary shall determine, with respect to a portion of a Native allotment encumbered by a right-of- way-- (i) compensation for each right-of-way based on an appraisal conducted in conformity with the version of the Uniform Appraisal Standards for Federal Land Acquisitions that is correct as of the date of the compensation proceeding; and (ii) interest calculated based on the section 3116 of title 40, United States Code. (B) Date of valuation.--For purposes of subparagraph (A), the date of valuation of the acquisition by the Association of each right-of-way shall be considered to be the date of enactment of this Act. (3) Judicial review.--Notwithstanding any other provision of law, judicial review under this subsection shall be limited to a review of the determination of the Secretary under paragraph (2) regarding the compensation for a right-of-way over a Native allotment. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the House of Representatives April 17, 2007. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Copper Valley Native Allotment Resolution Act of 2007 - Grants rights-of-way across specified Native allotments to the Copper Valley Electric Association for an electric transmission line. Declares this Act inapplicable to land owned by Ahtna, Inc. and any prior or current right-of-way agreements that may exist between Ahtna, Inc. and the Copper Valley Electric Association or Alaska. Prescribes compensation procedures. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Trafficking of Pills Act'' or the ``STOP Act''. SEC. 2. MEDICAID RESTRICTED RECIPIENT PROGRAM. (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended-- (1) in section 1902(a)-- (A) by striking ``and'' at the end of paragraph (82); (B) by striking the period at the end of paragraph (83) and inserting ``; and''; and (C) by inserting after paragraph (83) the following new paragraph: ``(84) in accordance with section 1908B, provide for the development and implementation of a restricted recipient program for individuals identified as high-risk prescription drug users.''; and (2) by inserting after section 1908A the following new section: ``restricted recipient program for high-risk prescription drug users ``Sec. 1908B (a) Identification of High-Risk Prescription Drug Users.-- ``(1) In general.--Subject to paragraph (2), the State shall establish and implement a program, subject to approval by the Secretary, to-- ``(A) identify any prescription drug that-- ``(i) may be dispensed on the prescription of a physician to an individual eligible to receive medical assistance under the State Medicaid program; and ``(ii) presents a high risk of misuse or overutilization, as determined by the State; ``(B) establish a dosage level for each prescription drug identified under subparagraph (A) that would be deemed excessive in the absence of evidence of medical necessity; ``(C) using a percentile-based method or other such form of statistical analysis, identify individuals (referred to in this section as `individuals identified as high-risk prescription drug users') who are eligible for medical assistance under the State Medicaid program and-- ``(i) are receiving a prescription drug that has been identified under subparagraph (A) at a dosage level that has been determined to be excessive pursuant to subparagraph (B); or ``(ii) are determined by the State, pursuant to the procedure established under paragraph (3), to have been convicted of a drug-related offense; and ``(D) ensure that individuals identified as high- risk prescription drug users pursuant to subparagraph (C) are assigned to the restricted recipient program described in subsection (b). ``(2) Case review.--For purposes of paragraph (1), the State shall establish and implement procedures to ensure that an individual who has been identified as a high-risk prescription drug user and is subject to the requirements under the restricted recipient program-- ``(A) is provided with reasonable notice regarding their assignment to the program and a description of the requirements under such program; ``(B) is permitted to file an appeal with the State agency and receive a hearing thereon to review whether the individual has been properly identified as a high- risk prescription drug user; ``(C) for purposes of subsection (b)(1), is permitted to file a claim with the State agency in order to seek reassignment to a different physician or pharmacist; and ``(D) has reasonable access to any prescription drug that is medically necessary and required to be dispensed on an emergency basis. ``(3) Drug-related offenses.--For purposes of paragraph (1)(C)(ii), the State shall establish and implement procedures to determine whether an individual, at the time of enrollment or re-enrollment in the State Medicaid program, has been convicted (under Federal or State law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the unlawful possession, manufacture, distribution, or dispensing of a prescription drug (including opioids and similar pain-management prescription drugs). ``(b) Restricted Recipient Program.-- ``(1) Medicaid lock-in program.-- ``(A) In general.--Subject to subparagraph (B), the State shall establish and implement a program (referred to in this section as the `Medicaid Lock-in Program') to ensure that any individual identified as a high-risk prescription drug user is-- ``(i) assigned to a single and exclusive physician (as defined in section 1861(r)) for purposes of receiving any medical assistance that is related to a prescription drug; and ``(ii) assigned to a single and exclusive pharmacy for purposes of receiving any prescription drug that has been prescribed by a physician described in clause (i). ``(2) Medicaid prescription drug restriction program.-- ``(A) In general.--Subject to subparagraph (B), the State, in conjunction with the Secretary, shall establish and implement a program to ensure that the claims processing system for the State does not permit a prescription drug to be dispensed by a provider to an individual identified as a high-risk prescription drug user if the same prescription drug has been dispensed to such individual within the previous 20 days. ``(B) Exceptions.-- ``(i) Increased dosage.--For purposes of subparagraph (A), the restrictions described in such subparagraph shall not apply to an individual identified as a high-risk prescription drug user-- ``(I) if the current prescription is for an increased dosage of the prescription drug and has been issued by the same physician that issued the previous prescription; or ``(II) in such other circumstances as determined by the Secretary. ``(ii) Procedural development.--The State, in conjunction with the Secretary, shall develop adequate procedures to ensure that prescriptions described in clause (i) are not affected by the restrictions described in subparagraph (A) and are permitted to be dispensed by a provider to an individual identified as a high-risk prescription drug user. ``(c) Existing State Programs.-- ``(1) In general.--Subject to paragraphs (2) and (3), as well as any procedures as are determined appropriate by the Secretary, a restricted recipient program that has been established by a State prior to the date of enactment of the Stop Trafficking of Pills Act may be reviewed and certified by the Secretary as being in accordance with the requirements under this section for purposes of section 1902(a)(84). ``(2) Program improvement.--For purposes of paragraph (1), if the Secretary does not certify an existing State restricted recipient program as being in accordance with the requirements under this section, the Secretary shall identify any necessary enhancements or additional developments that are required in order for such program to be deemed in accordance with such requirements. ``(3) Drug-related offenses.--For purposes of paragraph (1), an existing State restricted recipient program shall be required to include procedures described in subsection (a)(3) for the identification and inclusion of individuals convicted of a drug-related offense. ``(d) Administrative Expenses.--Subject to such requirements as are determined appropriate by the Secretary, for purposes of section 1903(a)(7), any amounts expended by the State to develop and implement a restricted recipient program for individuals identified as high-risk prescription drug users under this section, including any necessary enhancements or additional developments identified under subsection (c)(2), shall be considered amounts expended as necessary for the proper and efficient administration of the State Medicaid plan. ``(e) Definitions.--For purposes of this section: ``(1) State medicaid program.--The term `State Medicaid program' means the State program for medical assistance provided under a State plan under this title, including any waiver approved with respect to such State plan. ``(2) Prescription drug.--The term `prescription drug' means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).''. (b) Withholding of Payment.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)), as amended by section 2001(a)(2)(B) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended-- (1) in paragraph (25), by striking ``or'' at the end; (2) in paragraph (26), by striking the period and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(27) with respect to amounts expended for medical assistance for any prescription drug dispensed to an individual identified as a high-risk prescription drug user (as described in section 1908B(a)(1)(C)), unless the requirements under section 1908B are met.''. SEC. 3. MEDICARE RESTRICTED RECIPIENT PROGRAM. Part D of title XVIII of the Social Security Act (U.S.C. 1395w-101 et seq.) is amended by adding at the end the following new section: ``restricted recipient program for high-risk prescription drug users ``Sec. 1860D-44 (a) Identification of High-Risk Prescription Drug Users.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall establish and implement a program to-- ``(A) identify any prescription drug that-- ``(i) may be dispensed on the prescription of a physician to an individual enrolled in a prescription drug plan under this part; and ``(ii) presents a high risk of misuse or overutilization, as determined by the Secretary; ``(B) establish a dosage level for each prescription drug identified under subparagraph (A) that would be deemed excessive in the absence of evidence of medical necessity; ``(C) using a percentile-based method or other such form of statistical analysis, identify individuals (referred to in this section as `individuals identified as high-risk prescription drug users') who are enrolled in a prescription drug plan under this part; and ``(i) are receiving a prescription drug that has been identified under subparagraph (A) at a dosage level that has been determined to be excessive pursuant to subparagraph (B); or ``(ii) are determined by the Secretary, pursuant to the procedure established under paragraph (3), to have been convicted of a drug-related offense; and ``(D) ensure that individuals identified as high- risk prescription drug users pursuant to subparagraph (C) are assigned to the restricted recipient program described in subsection (b). ``(2) Case review.--For purposes of paragraph (1), the Secretary shall establish and implement procedures to ensure that an individual who has been identified as a high-risk prescription drug user and is subject to the requirements under the restricted recipient program-- ``(A) is provided with reasonable notice regarding their assignment to the program and a description of the requirements under such program; ``(B) is permitted to file an appeal and receive a hearing thereon to review whether the individual has been properly identified as a high-risk prescription drug user; and ``(C) has reasonable access to any prescription drug that is medically necessary and required to be dispensed on an emergency basis. ``(3) Drug-related offense.--For purposes of paragraph (1)(C)(ii), the Secretary shall establish and implement procedures to determine whether an individual, at the time of enrollment or re-enrollment in a prescription drug plan under this part, has been convicted (under Federal or State law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the unlawful possession, manufacture, distribution, or dispensing of a prescription drug (including opioids and similar prescription pain-management drugs). ``(b) Prescription Drug Restriction Program.--The Secretary shall establish policies and procedures to ensure that the provisions described in section 1908B(b)(3) are applied to any individual identified, pursuant to subsection (a)(1), as a high-risk prescription drug user in a similar manner as such provisions are applied to such individuals for purposes of title XIX.''. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this section shall take effect 120 days after the date of enactment of this Act. (b) Extension of Effective Date for State Law Amendment.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of the amendments made by this section solely on the basis of its failure to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.", "summary": "Stop Trafficking of Pills Act or STOP Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require state Medicaid plans to: (1) identify prescription drugs that present a high-risk of misuse or overutilization, (2) establish a dosage level for each such drug that would be deemed excessive in the absence of evidence of medical necessity, (3) identify Medicaid-eligible individuals who are either receiving a prescription drug at excessive dosage levels or who have been convicted of a drug-related offense, and (4) ensure that they are assigned to a state-established restricted recipient program. Requires a state to establish a Medicaid Lock-in Program to ensure that a high-risk prescription drug user is assigned to: (1) a single and exclusive physician for purposes of receiving any medical assistance related to a prescription drug, and (2) a single and exclusive pharmacy to receive any physician-prescribed drug. Requires a state to establish a Medicaid prescription drug restriction program to ensure that the state claims processing system does not permit a prescription drug to be dispensed to a high-risk prescription drug user more than once every 20 days. Amends part D (Miscellaneous) of SSA title XXVIII (Medicare) to direct the Secretary of Health and Human Services (HHS) to establish a similar restricted recipient program for high-risk prescription drug users under the Medicare program."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``Federally Impacted School Improvement Act''. (b) Findings.--Congress makes the following findings: (1) In 1950 Congress recognized its obligation, through the passage of Public Law 81-815, to provide school construction funding for local educational agencies impacted by the presence of Federal activities. (2) The conditions of federally impacted school facilities providing educational programs to children in areas where the Federal Government is present have deteriorated to such an extent that the health and safety of the children served by such agencies is being compromised, and the school conditions have not kept pace with the increase in student population causing classrooms to become severely overcrowded and children to be educated in trailers. (3) Local educational agencies in areas where there exists a significant Federal presence have little if any capacity to raise local funds for purposes of capital construction, renovation and repair due to the nontaxable status of Federal land. (4) The need for renewed support by the Federal Government to help federally connected local educational agencies modernize their school facilities is far greater in 2000 than at any time since 1950. (5) Federally connected local educational agencies and the communities the agencies serve are willing to commit local resources when available to modernize and replace existing facilities, but do not always have the resources available to meet their total facility needs due to the nontaxable presence of the Federal Government. (6) Due to the conditions described in paragraphs (1) through (5) there is in 1999, as there was in 1950, a need for Congress to renew its obligation to assist federally connected local educational agencies with their facility needs. (c) Purpose.--The purpose of this Act is to provide matching grants to local educational agencies for the modernization of minimum school facilities that are urgently needed because-- (1) the existing school facilities of the agency are in such disrepair that the health and safety of the students served by the agency is threatened; and (2) increased enrollment results in a need for additional classroom space. SEC. 2. DEFINITIONS. In this Act: (1) Modernization.--The term ``modernization'' means the repair, renovation, alteration, or construction of a facility, including-- (A) the concurrent installation of equipment; and (B) the complete or partial replacement of an existing facility, but only if such replacement is less expensive and more cost-effective than repair, renovation, or alteration of the facility. (2) Facility.--The term ``facility'' means a public structure suitable for use as a classroom, laboratory, library, media center, or related facility, the primary purpose of which is the instruction of public elementary school or secondary school students. (3) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965. (4) Secretary.--The term ``Secretary'' means-- (A) with respect to funds made available under paragraph (1) or (3) of section 4(a) for grants under section 6 or 8, respectively, the Secretary of Education; and (B) with respect to funds made available under paragraph (2) of section (4)(a) for grants under section 6, the Secretary of Defense. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Department of Education to carry out this Act $50,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years. (b) Prohibition.--None of the funds authorized to be appropriated under subsection (a) shall be available to a local educational agency to pay the cost of administration of the activities assisted under this Act. SEC. 4. FEDERAL DISTRIBUTION OF FUNDING. (a) In General.--From amounts appropriated under section 3(a) for a fiscal year the Secretary of Education-- (1) shall use 45 percent to award grants under section 6 to local educational agencies-- (A) that are eligible for assistance under section 8002(a) of the Elementary and Secondary Education Act of 1965; and (B) for which the number of children determined under section 8003(a)(1)(C) of the Elementary and Secondary Education Act of 1965 constitutes at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made; (2) shall make available to the Secretary of Defense 45 percent to enable the Secretary of Defense to award grants under section 6 to local educational agencies for which the number of children determined under subparagraphs (A), (B), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 constitutes at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made; and (3) shall use 10 percent to award grants under section 8. (b) Department of Defense Funding.-- (1) In general.--Not later than 30 days after the date the Secretary of Education receives funds appropriated under section 3(a) for a fiscal year, the Secretary of Education shall make available to the Secretary of Defense from such funds the portion of such funds described in subsection (a)(2) for the fiscal year. The Secretary of Defense shall use the portion to award grants under section 6 through the Office of Economic Adjustment of the Department of Defense. (2) Limitations.-- (A) Administrative expenses.--No funds made available under subsection (a)(2) shall be used by the Secretary of Defense to pay the costs of administration of the activities assisted under this Act. (B) Special rate.--No funds made available under subsection (a)(2) shall be used to replace Federal funds provided to enhance the quality of life of dependents of members of the Armed Forces as determined by the Secretary of Defense. SEC. 5. ELIGIBILITY REQUIREMENTS. (a) In General.--A local educational agency shall be eligible to receive funds under this Act if-- (1) the local educational agency is described in paragraph (1) or (2) of section 4(a); and (2) the local educational agency-- (A) received a payment under section 8002 of the Elementary and Secondary Education Act of 1965 during the fiscal year preceding the fiscal year for which the determination is made, and the assessed value of taxable property per student in the school district of the local educational agency is less than the average of the assessed value of taxable property per student in the State in which the local educational agency is located; or (B) received a basic payment under section 8003(b) of the Elementary and Secondary Education Act of 1965 during the fiscal year preceding the fiscal year for which the determination is made, and for which the number of children determined under subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 constituted at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made. (b) Special Rule.--Any local educational agency described in subsection (a)(2)(B) may apply for funds under this section for the modernization of a facility located on Federal property (as defined in section 8013 of the Elementary and Secondary Education Act of 1965) only if the Secretary determines that the number of children determined under section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 who were in average daily attendance in such facility constituted at least 50 percent of the number of children who were in average daily attendance in the facilities of the local educational agency during the school year preceding the school year for which the determination is made. SEC. 6. BASIC GRANTS. (a) Award Basis.--From the amounts made available under paragraphs (1) and (2) of section 4(a) the Secretary shall award grants to local educational agencies on such basis as the Secretary determines appropriate, including-- (1) in the case of a local educational agency described in section 5(a)(2)(A), a high percentage of the property in the school district of the local educational agency is nontaxable due to the presence of the Federal Government; (2) in the case of a local educational agency described in section 5(a)(2)(B), a high number or percentage of children determined under subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965; (3) the extent to which the local educational agency lacks the fiscal capacity, including the ability to raise funds through the full use of the local educational agency's bonding capacity and otherwise, to undertake the modernization project without Federal assistance; (4) the need for modernization to meet-- (A) the threat the condition of the facility poses to the safety and well-being of students; (B) the requirements of the Americans with Disabilities Act of 1990; (C) the costs associated with asbestos removal, energy conservation, and technology upgrading; and (D) overcrowding conditions as evidenced by the use of trailers and portable buildings and the potential for future overcrowding because of increased enrollment; (5) the facility needs of the local educational agency resulting from the acquisition or construction of military family housing under subchapter IV of chapter 169 of title 10, United States Code, and other actions of the Federal Government that cause an adverse impact on the facility needs of the local educational agency; and (6) the age of the facility to be modernized regardless of whether the facility was originally constructed with funds authorized under Public Law 81-815. (b) Grant Amount.--In determining the amount of a grant the Secretary shall-- (1) consider the relative costs of the modernization; (2) determine the cost of a project based on the local prevailing cost of the project; (3) require that the Federal share of the cost of the project shall not exceed 50 percent of the total cost of the project; (4) not provide a grant in an amount greater than $3,000,000 over any 5-year period; and (5) take into consideration the amount of cash available to the local educational agency. (c) Administration of Grants.--In awarding grants under this section the Secretary shall-- (1) establish by regulation the date by which all applications are to be received; (2) consider in-kind contributions when calculating the 50 percent matching funds requirement described in subsection (b)(3); and (3) subject all applications to a review process. (d) Section 8007 Funding.--In awarding grants under this section, the Secretary shall not take into consideration any funds received under section 8007 of the Elementary and Secondary Education Act of 1965. SEC. 7. APPLICATIONS REQUIRED. (a) In General.--Each local educational agency desiring a grant under this Act shall submit an application to the Secretary. (b) Contents.--Each application shall contain-- (1) a listing of the school facilities to be modernized, including the number and percentage of children determined under section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 in average daily attendance in each facility; (2) a description of the ownership of the property on which the current facility is located or on which the planned facility will be located; (3) a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds provided under this Act, including the priority for the repair of the deficiency; (4) a description of any facility deficiency that poses a health or safety hazard to the occupants of the facility and a description of how that deficiency will be repaired; (5) a description of the criteria used by the local educational agency to determine the type of corrective action necessary to meet the purposes of this Act; (6) a description of the modernization to be supported with funds provided under this Act; (7) a cost estimate of the proposed modernization; (8) an identification of other resources (such as unused bonding capacity), if applicable, that are available to carry out the modernization, and an assurance that such resources will be used for the modernization; (9) a description of how activities assisted with funds provided under this Act will promote energy conservation; and (10) such other information and assurances as the Secretary may reasonably require. (c) Continuing Consideration.--A local educational agency that applies for assistance under this Act (other than section 8) for any fiscal year and does not receive the assistance shall have the application for the assistance considered for the following 5 fiscal years. SEC. 8. EMERGENCY GRANTS. (a) Waiver of Matching Requirement.--From the amount made available under section 4(a)(3) the Secretary shall award grants to any local educational agency for which the number of children determined under section 8003(a)(1)(C) constituted at least 50 percent of the number of children who were in average daily attendance in the schools of such agency during the school year preceding the school year for which the determination is made, if the Secretary determines a facility emergency exists that poses a health or safety hazard to the students and school personnel assigned to the facility. (b) Certification of Emergency.--In addition to meeting the requirements of section 7, a local educational agency desiring funds under this section shall include in the application submitted under section 7 a signed statement from a State official certifying that a health or safety deficiency exists. (c) Grant Amount; Prioritization Rules; Continuing Consideration.-- (1) Grant amount.--In determining the amount of grant awards under this section, the Secretary shall make every effort to fully meet the facility needs of the local educational agencies applying for funds under this section. (2) Prioritization rule.--If the Secretary receives more than 1 application under this section for any fiscal year, the Secretary shall prioritize the applications based on when an application was received and the severity of the emergency as determined by the Secretary. (3) Continuing consideration.--A local educational agency that applies for assistance under this section for any fiscal year and does not receive the assistance shall have the application for the assistance considered for the following fiscal year, subject to the prioritization requirement described in paragraph (2). SEC. 9. REQUIREMENTS. (a) Maintenance of Effort.--A local educational agency may receive a grant under this Act for any fiscal year only if the Secretary finds that either the combined fiscal effort per student or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such local educational agency for the preceding fiscal year was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the fiscal year for which the determination is made. (b) Supplement Not Supplant.--An eligible local educational agency shall use funds received under this subsection only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the modernization of school facilities used for educational purposes, and not to supplant such funds. SEC. 10. GENERAL LIMITATIONS. (a) Real Property.--No part of any grant funds awarded under this Act shall be used for the acquisition of any interest in real property. (b) Maintenance.--Nothing in this Act shall be construed to authorize the payment of maintenance costs in connection with any facilities modernized in whole or in part with Federal funds provided under this Act. (c) Environmental Safeguards.--All projects carried out with Federal funds provided under this Act shall comply with all relevant Federal, State, and local environmental laws and regulations. (d) Athletic and Similar Facilities.--No funds received under this Act shall be used for outdoor stadiums or other facilities that are primarily used for athletic contests or exhibitions, or other events, for which admission is charged to the general public.", "summary": "Federally Impacted School Improvement Act - Provides matching grants to local educational agencies (LEAs) for construction, renovation, and repair of school facilities in areas affected by Federal activities. Authorizes appropriations. Directs the Secretary of Education to distribute such funds as follows: (1) 45 percent for basic matching grants to LEAs eligible for impact aid assistance as serving children from Indian lands, if the number of such children is at least 25 percent of the total number in attendance; (2) 45 percent to the Secretary of Defense for basic matching grants to LEAs serving children from military bases, if the number of such children is at least 25 percent of the total number in attendance; and (3) ten percent for emergency non-matching grants in cases of health or safety hazards at facilities of LEAs which have a number of impact aid eligible children equal to at least 50 percent of their total attendance. Sets forth requirements for: (1) LEA eligibility; (2) basic grant awards and amount limits; (3) applications; and (4) emergency grant certifications, amounts, and priorities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pension Forfeiture Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) Members of Congress pledge to uphold the Constitution and the laws of the United States; (2) Members of Congress are elected to serve in the public trust and pledge to uphold the public trust; (3) a breach of the public trust by a Member of Congress is a serious offense that should have serious consequences; and (4) taxpayers should not pay for the retirement benefits of Members of Congress who have breached the public trust. SEC. 3. FORFEITURE. (a) Civil Service Retirement System.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this subchapter. Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply: ``(i) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(ii) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(iii) The offense is committed during the One Hundred Sixth Congress or later. ``(B) The offenses described in this subparagraph are as follows: ``(i) An offense within the purview of-- ``(I) section 201 of title 18 (bribery of public officials and witnesses); ``(II) section 203 of title 18 (compensation to Members of Congress, officers, and others in matters affecting the Government); ``(III) section 204 of title 18 (practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress); ``(IV) section 219 of title 18 (officers and employees acting as agents of foreign principals); ``(V) section 286 of title 18 (conspiracy to defraud the Government with respect to claims); ``(VI) section 287 of title 18 (false, fictitious, or fraudulent claims); ``(VII) section 371 of title 18 (conspiracy to commit offense or to defraud the United States); ``(VIII) section 597 of title 18 (expenditures to influence voting); ``(IX) section 599 of title 18 (promise of appointment by candidate); ``(X) section 602 of title 18 (solicitation of political contributions); ``(XI) section 606 of title 18 (intimidation to secure political contributions); ``(XII) section 607 of title 18 (place of solicitation); ``(XIII) section 641 of title 18 (public money, property or records); ``(XIV) section 1001 of title 18 (statements or entries generally); ``(XV) section 1341 of title 18 (frauds and swindles); ``(XVI) section 1343 of title 18 (fraud by wire, radio, or television); ``(XVII) section 1503 of title 18 (influencing or injuring officer or juror); ``(XVIII) section 1951 of title 18 (interference with commerce by threats or violence); ``(XIX) section 1952 of title 18 (interstate and foreign travel or transportation in aid of racketeering enterprises); ``(XX) section 1962 of title 18 (prohibited activities); or ``(XXI) section 7201 of the Internal Revenue Code of 1986 (attempt to evade or defeat tax). ``(ii) Perjury committed under the statutes of the United States in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by clause (i). ``(iii) Subornation of perjury committed in connection with the false denial of another individual as specified by clause (ii). ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this subchapter while serving as a Member. ``(4) Except as provided in paragraph (5), the Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) The Executive Director (within the meaning of section 8401(13)) shall prescribe such regulations as may be necessary to carry out the purposes of this subsection with respect to the Thrift Savings Plan. Regulations under this paragraph shall include provisions requiring the return of all vested amounts. ``(6) Nothing in this subsection shall restrict any authority under subchapter II or any other provision of law to deny or withhold benefits authorized by statute. ``(7) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8331(2).''. (b) Federal Employees' Retirement System.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(i)(1) Notwithstanding any other provision of this chapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this chapter. Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply: ``(A) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(B) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(C) The offense is committed during the One Hundred Sixth Congress or later. ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this chapter while serving as a Member. ``(4) Except as provided in paragraph (5), the Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) The Executive Director shall prescribe such regulations as may be necessary to carry out the purposes of this subsection with respect to the Thrift Savings Plan. Regulations under this paragraph shall include provisions requiring the return of all vested amounts. ``(6) Nothing in this subsection shall restrict any authority under subchapter II of chapter 83 or any other provision of law to deny or withhold benefits authorized by statute. ``(7) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8401(20).''.", "summary": "Congressional Pension Forfeiture Act of 1997 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of one of specified offenses committed while a Member and directly related to the individual's service during the 106th Congress or later shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Includes among such offenses: (1) bribery of public officials; (2) conspiracy to defraud the Government with respect to claims; (3) making or receiving expenditures to influence voting; (4) acting as an agent of a foreign principal; (5) frauds and swindles; and (6) tax evasion. Entitles such individual (or his or her beneficiary or estate, if applicable) to be paid so much of such individual's lump-sum credit as is attributable to such service. Prohibits: (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employees Retirement System; and (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Influenza Vaccine Emergency Act''. SEC. 2. EMERGENCY DISTRIBUTIONS OF INFLUENZA VACCINE. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 319K the following section: ``SEC. 319L. EMERGENCY AUTHORITIES REGARDING SUPPLY OF INFLUENZA VACCINE. ``(a) Contingency Clauses in Sales Contracts.--In entering into a contract for the sale of influenza vaccine in interstate commerce, a manufacturer or distributor of such vaccine shall include in the contract a provision in writing expressing the policy that the sale to the purchaser under the contract is subject to the following conditions: ``(1) If the Secretary publishes in the Federal Register a declaration that there is a public health emergency by reason of a shortage of influenza vaccine, the Secretary has the authority, in lieu of such purchaser, to take title to such quantities of the vaccine as the Secretary determines to be necessary for purposes of the public health, subject to subsection (c)(2). ``(2) If by reason of the Secretary using the authority under paragraph (1) the purchaser does not receive, or loses possession of, a quantity of influenza vaccine for which the purchaser has made payment, the manufacturer or distributor (as the case may be) will provide to the purchaser a refund for such quantity. ``(b) Compensation.--In the case of a contract for the sale of influenza vaccine with respect to which the Secretary uses the authority referred to in subsection (a)(1), the Secretary shall pay to the manufacturer or distributor involved the same amount as, under the contract, the manufacturer or distributor received or would have received for the quantity of vaccine involved. ``(c) Agency Procedures.--With respect to the influenza season involved: ``(1) If the Secretary makes an emergency declaration under subsection (a)(1), the Secretary shall determine the extent of compliance with guidelines for the distribution of influenza vaccine that have been established by the Secretary. ``(2) The Secretary may not use the authority referred to in subsection (a)(1) with respect to any contract unless the Secretary has published in the Federal Register, not earlier than 30 days after making the emergency declaration under such subsection, a determination that the extent of compliance with such guidelines has not been sufficient to constitute an adequate response to the emergency. ``(d) Distribution of Vaccine.--If the Secretary meets the condition described in subsection (c)(2) for the use of the authority referred to in subsection (a)(1): ``(1) The Secretary may, in lieu of such authority, order any manufacturer or distributor of influenza vaccine to honor its contracts with States or political subdivisions of States for the sale of such vaccine, in any case in which the manufacturer or distributor has conflicting obligations under its contracts for sale of the vaccine. ``(2) Any influenza vaccine to which the Secretary takes title under subsection (a)(1) shall be provided-- ``(A) to States and political subdivisions of States in accordance with the immunization program under section 317(j); and ``(B) to such other public or private entities as the Secretary determines to be appropriate as a response to the emergency involved. ``(e) Rules of Construction.-- ``(1) Emergency declaration.--The Secretary shall be considered to have made an emergency declaration under subsection (a)(1) if the Secretary publishes in the Federal Register a declaration described in such subsection. ``(2) Emergency shortage.-- ``(A) Overall quantity vs. delivery waiting time.-- Without regard to whether the Secretary considers as adequate the total quantity of influenza vaccine that has been or is being manufactured for the influenza season involved, the Secretary may make an emergency declaration under subsection (a)(1) if the Secretary determines that the delivery waiting time for States or political subdivisions of States to receive the vaccine for the season is a period whose duration constitutes a significant threat to children, adolescents, or adults who are served by the immunization program under section 317(j). ``(B) Delivery waiting time.--A delivery waiting time under subparagraph (A) for a State or political subdivision of a State to receive influenza vaccine is the time elapsing between the date on which the State or subdivision enters into a contract to purchase such vaccine and the date on which the State or subdivision (or other entity designated under the contract) takes custody of the vaccine, less any period in which payment is due under the contract and the State or subdivision has not made payment, or in which the State or subdivision otherwise is in significant violation of the contract. ``(f) Definitions.--For purposes of this subsection, the terms `influenza season' and `influenza vaccine' have the meanings given such terms by the Secretary.''.", "summary": "Influenza Vaccine Emergency Act - Amends the Public Health Service Act to require influenza vaccine manufacturers to include a provision in any contract for the sale of the vaccine in interstate commerce expressing the policy that the Secretary of Health and Human Services has the authority to take title to necessary quantities of the vaccine if the Secretary declares a public health emergency by reason of an influenza vaccine shortage, and that the manufacturer will reimburse the purchaser for any vaccine not received. Requires the Secretary to pay the manufacturer or distributor the price the manufacturer or distributor would have received for any vaccine taken. Requires the Secretary to determine the extent of compliance with vaccine distribution guidelines and, before using the authority to take the vaccine, to publish notice that such compliance has not been an adequate response to the emergency. Allows the Secretary, in lieu of taking title to a vaccine, to order any vaccine manufacturer or distributor to honor its contracts with states or political subdivisions. Requires the Secretary to provide any influenza vaccine to states, political subdivisions, and such other public or private entities as appropriate as a response to the emergency. Allows the Secretary to make an emergency declaration if the delivery waiting time for states or political subdivisions to receive the vaccine constitutes a significant threat to children, adolescents, or adults."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Upper Mississippi River Basin Protection Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Reliance on scientific knowledge. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK Sec. 101. Establishment of monitoring network. Sec. 102. Data collection and storage responsibilities. Sec. 103. Relationship to existing sediment and nutrient monitoring and assessment. Sec. 104. Collaboration with other public and private monitoring efforts. Sec. 105. Reporting requirements. Sec. 106. National research council assessment. TITLE II--COMPUTER MODELING AND RESEARCH Sec. 201. Computer modeling and research of sediment and nutrient sources. Sec. 202. Communication plan to distribute information. Sec. 203. Reporting requirements. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS Sec. 301. Authorization of appropriations. Sec. 302. Cost-sharing requirements. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``Upper Mississippi River Basin'' and ``Basin'' mean the watershed portion of the Upper Mississippi River and Illinois River basins, from Cairo, Illinois, to the headwaters of the Mississippi River, in the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The designation includes the Kaskaskia watershed along the Illinois River and the Meramec watershed along the Missouri River. (2) The terms ``Upper Mississippi River Stewardship Initiative'' and ``Initiative'' mean the activities authorized or required by this Act to monitor nutrients and sediment in the Upper Mississippi River Basin. SEC. 3. RELIANCE ON SCIENTIFIC KNOWLEDGE. Federal investments in the Upper Mississippi River Basin shall be guided by accepted and documented scientific methods, including the use of documented protocols for data collection and data analysis, and peer review of data, results, and findings, and shall take into account the results of studies using accepted and documented scientific methods to identify and quantify the sources, transport, and fate of nutrients and sediment and to quantify the effect of various treatment methods or conservation measures on nutrient and sediment management. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK SEC. 101. ESTABLISHMENT OF MONITORING NETWORK. (a) Establishment.--As part of the Upper Mississippi River Stewardship Initiative, the Secretary of the Interior shall establish a sediment and nutrient monitoring network for the Upper Mississippi River Basin for the purposes of-- (1) identifying and quantifying significant sources of sediment and nutrients in the Upper Mississippi River Basin; (2) quantifying the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantifying the transport of those sediments and nutrients to and through the Upper Mississippi River Basin; (4) quantifying changes to sediment and nutrient concentrations and loads over time; and (5) coordinating with other Federal, State, tribal, and local agencies on the acquisition of data to be used in computer modeling of the Basin, pursuant to section 201. (b) Role of United States Geological Survey.--The Secretary of the Interior shall carry out this title acting through the office of the Director of the United States Geological Survey. SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES. (a) Guidelines for Data Collection and Storage.--The Secretary of the Interior shall establish guidelines for the effective design of data collection activities regarding sediment and nutrient monitoring, for the use of suitable and consistent methods for data collection, and for consistent reporting, data storage, and archiving practices. (b) Release of Data.--Data resulting from sediment and nutrient monitoring and the compilation of ancillary information in the Upper Mississippi River Basin shall be released to the public using generic station identifiers and hydrologic unit codes. In the case of a monitoring station located on private lands, information regarding the location of the station shall not be disseminated without the landowner's permission. SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING AND ASSESSMENT. (a) Inventory.--To the maximum extent practicable, the Secretary of the Interior shall inventory the sediment and nutrient monitoring efforts in existence as of the date of the enactment of this Act of Federal, State, tribal, local, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps and redundancies. (b) Integration.--On the basis of the inventory, the Secretary of the Interior shall integrate the existing sediment and nutrient monitoring efforts, to the maximum extent practicable, into the sediment and nutrient monitoring network required by section 101. (c) Consultation and Use of Existing Data.--In carrying out this section, the Secretary of the Interior shall make maximum use of data in existence as of the date of the enactment of this Act and of ongoing programs and efforts of Federal, State, tribal, local, and nongovernmental entities in developing the sediment and nutrient monitoring network required by section 101. (d) Coordination With Long-Term Estuary Assessment Project.--The Secretary of the Interior shall carry out this section in coordination with the long-term estuary assessment project authorized by section 902 of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33 U.S.C. 2901 note). SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING EFFORTS. To establish the sediment and nutrient monitoring network, the Secretary of the Interior shall collaborate, to the maximum extent practicable, with other Federal, State, tribal, local and private sediment and nutrient monitoring and assessment programs that meet guidelines prescribed under section 102(a), as determined by the Secretary. SEC. 105. REPORTING REQUIREMENTS. The Secretary of the Interior shall report to Congress not later than 180 days after the date of the enactment of this Act on the development of the sediment and nutrient monitoring network. SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT. The National Research Council of the National Academy of Sciences shall conduct a comprehensive water resources assessment of the Upper Mississippi River Basin within 3 years after the date of the enactment of this Act. TITLE II--COMPUTER MODELING AND RESEARCH SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT SOURCES. (a) Modeling Program Required.--As part of the Upper Mississippi River Stewardship Initiative, the Director of the United States Geological Survey shall develop and implement a plan to improve existing water-quality models to identify and quantify significant sources of sediment and nutrients in the Upper Mississippi River Basin at the subwatershed (12-digit Hydrologic Unit Code) scale. (b) Role.--Computer modeling shall be used to identify subwatersheds which are significant sources of sediment and nutrients and shall be made available for the purposes of targeting public and private sediment and nutrient management efforts. (c) Components.--Sediment and nutrient models for the Upper Mississippi River Basin shall-- (1) relate nutrient sources to landscape, land use, and land management practices; (2) relate sediment sources to landscape, land use, and land management practices; and (3) quantify river channel nutrient and sediment transport and transformation processes. (d) Collection of Ancillary Information.--Ancillary information shall be collected, by remote sensing or other appropriate means, in a GIS format to support modeling and management use of modeling results, including the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Hydrologic modifications. (5) Information on sediment and nutrient management actions including conservation tillage practices and other Best Management Practices. (6) Estimates of loads of nutrients from point sources and key nonpoint sources, including commercial fertilizer, applications of manure, geologic sources, and atmospheric deposition. SEC. 202. COMMUNICATION PLAN TO DISTRIBUTE INFORMATION. Not later than 180 days after the date of the enactment of this Act, the Director of the United States Geological Survey shall establish a communication plan that includes use of the Internet to provide information including the following: (1) Accomplishments of public and private programs designed to manage sediment and nutrients in the Upper Mississippi River Basin. (2) Seasonal and annual concentrations and loads of sediment and nutrients in the Upper Mississippi River and its tributaries. SEC. 203. REPORTING REQUIREMENTS. (a) Monitoring Activities.--Commencing one year after the date of the enactment of this Act, the Director of the United States Geological Survey shall provide to Congress and make available to the public an annual report that includes data and information on concentrations and loads of nutrients and sediment derived from monitoring activities conducted in the Upper Mississippi River Basin. (b) Modeling Activities.--Every five years, the Director of the United States Geological Survey shall provide to Congress and make available to the public a progress report assessing changes in nutrient and sediment concentrations and loads in relation to such factors as climate variability and changes in land and water management practices. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) United States Geological Survey Activities.--There is authorized to be appropriated to the United States Geological Survey $6,250,000 each fiscal year to carry out this Act (other than section 106). (b) Water Resource and Water Quality Management Assessment.--There is authorized to be appropriated $650,000 to allow the National Research Council to perform the assessment required by section 106. SEC. 302. COST-SHARING REQUIREMENTS. Funds made available for the United States Geological Survey Cooperative Water Program under section 301(a) shall be subject to the same cost-sharing requirements as specified in the last proviso under the heading ``United States Geological Survey--surveys, investigations, and research'' of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 510; 43 U.S.C. 50).", "summary": "Upper Mississippi River Basin Protection Act - Requires federal investments in the Upper Mississippi River Basin to be guided by accepted and documented scientific methods and to take into account the results of studies using such methods to identify and quantify the sources, transport, and fate of nutrients and sediment and to quantify the effect of treatment methods or conservation measures on nutrient and sediment management. Directs the Secretary of the Interior, as part of an Upper Mississippi River Stewardship Initiative and acting through the U.S. Geological Survey (USGS), to establish a nutrient and sediment monitoring network for the Basin. Directs the Secretary to: (1) establish guidelines for related data collection and storage activities; (2) inventory the sediment and monitoring efforts of governmental, tribal, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies; (3) integrate such monitoring efforts into the sediment and nutrient monitoring network; and (4) collaborate with other public, tribal, and private monitoring and assessment programs in establishing the monitoring network. Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin. Requires the Director of the USGS: (1) as part of the Initiative, to develop and implement a plan to improve existing water-quality models to identify and quantify significant sources of sediment and nutrients in the Basin at the subwatershed scale; (2) to establish a communication plan that includes use of the Internet to provide information on accomplishments of public and private programs designed to manage sediment and nutrients in the Basin and on seasonal and annual concentrations and loads of sediment and nutrients in the Upper Mississippi River and its tributaries; and (3) provide an annual report that includes information on concentrations and loads of nutrients and sediment derived from monitoring activities conducted in the Basin."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Changing Room Privacy Act''. SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONITORING OF EMPLOYEES IN CERTAIN EMPLOYMENT LOCATIONS. (a) In General.--An employer may not engage in video monitoring or audio monitoring of an employee of the employer when the employee is in a restroom facility, dressing room, or any other area in which it is reasonable to expect employees of the employer to change clothing. (b) Use of Monitoring Results.--An employer may not use the results of video or audio monitoring conducted in violation of this Act for any purpose, including any employee discipline. An employer shall immediately destroy all copies of any recording determined to have been made in violation of this Act. (c) Non-Retaliation.--An employer may not discharge, discipline, or discriminate in any manner against an employee because the employee has-- (1) filed any complaint or instituted or caused to be instituted any proceeding under this Act; or (2) testified or is about to testify in any proceeding under this Act. (d) Limitation.--Nothing in this Act shall prohibit any video monitoring or audio monitoring conducted by a law enforcement agency as part of a criminal investigation and pursuant to a validly issued warrant. SEC. 3. ENFORCEMENT ACTION BY SECRETARY OF LABOR. (a) In General.--Any employer who violates section 2 shall be liable to the United States for a civil money penalty in an amount not to exceed $18,000 for each violation. (b) Written Notice and Opportunity for Hearing.--The Secretary of Labor shall assess a civil money penalty under subsection (a) by an order made on the record after opportunity for a hearing provided in accordance with section 554 of title 5, United States Code. In connection with the hearing, the Secretary may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence that relates to the subject matter of the hearing. (c) Determination of Amount of Civil Money Penalty.--In determining the amount of a civil money penalty under subsection (a), the Secretary shall take into account-- (1) the nature, circumstances, extent, and gravity of the violation or violations; and (2) with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior violations, the degree of culpability, and such other matters as justice may require. (d) Modification of Civil Money Penalty.--The Secretary may compromise, modify, or remit, with or without conditions, any civil money penalty assessed under subsection (a). The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the employer. (e) Judicial Review.--An employer who requested, in accordance with section 554 of title 5, United States Code, a hearing respecting the assessment of a civil money penalty under this subsection, and who is aggrieved by the order assessing the penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the employer resides or transacts business. Such a petition may only be filed within the 120-day period beginning on the date the order was issued. (f) Failure To Pay.--The Secretary of Labor may recover, in an action brought in any appropriate district court of the United States, the amount of a civil money penalty assessed under this subsection against an employer who fails to pay the penalty-- (1) after the order making the assessment becomes final, and if such employer does not file a petition for judicial review of the order in accordance with subsection (e); or (2) after a court in an action brought under subsection (e) has entered a final judgment in favor of the Secretary. (g) No Review of Penalty.--In an action brought under subsection (f), the validity, amount, and appropriateness of the civil money penalty shall not be subject to review. (h) Injunctive Relief.--The Secretary may commence, in any court of competent jurisdiction, a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to preventing a violation of section 2. SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EMPLOYEE. (a) In General.--An employee who is aggrieved as a result of a violation of section 2 by the employer of such employee may commence, in any court of competent jurisdiction, a civil action against the employer to obtain appropriate relief, including-- (1) an injunction to enjoin the employer from further engaging in the violation or from committing any further violation, as appropriate; (2) damages not to exceed $25,000; or (3) both such remedies. In any action or proceeding under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee (including expert fees) as part of the costs. (b) Commencement of Proceedings.--An employee referred to in subsection (a) may not commence proceedings under such subsection against an employer of the employee after the expiration of the 7-year period beginning on the later of the following: (1) The date on which the employer allegedly engaged in a violation of section 2. (2) The date on which the employee should have been aware of an alleged violation of section 2 by the employer. SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS. (a) State Laws.--This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of the laws of any State or political subdivision of any State, except to the extent such laws are inconsistent with this Act, and then only to the extent of the inconsistency. A law is not inconsistent with this Act if the law affords greater protection to an employee than the protection provided under this Act. (b) Collective Bargaining Agreements.--This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of any collective bargaining agreements, except to the extent that such agreements are inconsistent with this Act, and then only to the extent of the inconsistency. An agreement is not inconsistent with this Act if the agreement affords greater protection to an employee than the protection provided under this Act. SEC. 6. DEFINITIONS. In this Act: (1) Audio monitoring.--The term ``audio monitoring'' means the listening to, collecting, or recording of sounds of an employee by means of audio equipment or other method. (2) Employee.--The term ``employee'' means any person who is employed by an employer or who was employed by an employer at the time of a violation that was allegedly committed by that employer. Such term includes leased or temporary employees and an employee who is under contract to perform work for an employer. (3) Employer.--The term ``employer'' means any person or entity engaged in commerce or in an industry or activity affecting interstate commerce. (4) Video monitoring.--The term ``video monitoring'' means the videotaping, photographing, filming, or recording by any electronic means of an employee, or installing a device that videotapes, photographs, films, or otherwise records visual images. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. SEC. 7. EFFECTIVE DATE. This Act takes effect 60 days after the date of the enactment of this Act.", "summary": "Employee Changing Room Privacy Act - Prohibits employers from engaging in video or audio monitoring of employees in restroom facilities, dressing rooms, or other areas in which it is reasonable to expect employees to change clothing. Prohibits employers from using monitoring results for any purpose and requires employers to immediately destroy any violating recording. Prohibits retaliation. Allows video monitoring or audio monitoring by a law enforcement agency as part of a criminal investigation and with a warrant. Provides for enforcement by the Secretary of Labor. Allows private suits by aggrieved employees. Asserts that this Act does not alter state law or collective bargaining agreements except where inconsistent with this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Super-Efficient Appliance Incentives and Market Transformation Act of 2007''. SEC. 2. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR APPLIANCES PRODUCED AFTER 2007. (a) In General.--Subsection (b) of section 45M of the Internal Revenue Code of 1986 (relating to applicable amount) is amended to read as follows: ``(b) Applicable Amount.--For purposes of subsection (a)-- ``(1) Dishwashers.--The applicable amount is-- ``(A) $45 in the case of a dishwasher which is manufactured in calendar year 2008 or 2009 and which uses no more than 324 kilowatt hours per year and 5.8 gallons per cycle, and ``(B) $75 in the case of a dishwasher which is manufactured in calendar year 2008, 2009, or 2010 and which uses no more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons per cycle for dishwashers designed for greater than 12 place settings). ``(2) Clothes washers.--The applicable amount is-- ``(A) $75 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 which meets or exceeds a 1.72 modified energy factor and does not exceed a 8.0 water consumption factor, ``(B) $125 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 or 2009 which meets or exceeds a 1.8 modified energy factor and does not exceed a 7.5 water consumption factor, ``(C) $150 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009 or 2010 which meets or exceeds 2.0 modified energy factor and does not exceed a 6.0 water consumption factor, and ``(D) $250 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009, or 2010 which meets or exceeds 2.2 modified energy factor and does not exceed a 4.5 water consumption factor. ``(3) Refrigerators.--The applicable amount is-- ``(A) $50 in the case of a refrigerator which is manufactured in calendar year 2008, and consumes at least 20 percent but not more than 22.9 percent less kilowatt hours per year than the 2001 energy conservation standards, ``(B) $75 in the case of a refrigerator which is manufactured in calendar year 2008 or 2009, and consumes at least 23 percent but no more than 24.9 percent less kilowatt hours per year than the 2001 energy conservation standards, ``(C) $100 in the case of a refrigerator which is manufactured in calendar year 2008, 2009 or 2010, and consumes at least 25 percent but not more than 29.9 percent less kilowatt hours per year than the 2001 energy conservation standards, and ``(D) $200 in the case of a refrigerator manufactured in calendar year 2008, 2009 or 2010 and which consumes at least 30 percent less energy than the 2001 energy conservation standards. ``(4) Dehumidifiers.--The applicable amount is-- ``(A) $15 in the case of a dehumidifier manufactured in calendar year 2008 that has a capacity less than or equal to 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012, and ``(B) $25 in the case of a dehumidifier manufactured in calendar year 2008 that has a capacity greater than 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012.''. (b) Eligible Production.-- (1) Similar treatment for all appliances.--Subsection (c) of section 45M of such Code (relating to eligible production) is amended-- (A) by striking paragraph (2), (B) by striking ``(1) In general'' and all that follows through ``the eligible'' and inserting ``The eligible'', and (C) by moving the text of such subsection in line with the subsection heading and redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (2) Modification of base period.--Paragraph (2) of section 45M(c) of such Code, as amended by paragraph (1) of this section, is amended by striking ``3-calendar year'' and inserting ``2-calendar year''. (c) Types of Energy Efficient Appliances.--Subsection (d) of section 45M of such Code (defining types of energy efficient appliances) is amended to read as follows: ``(d) Types of Energy Efficient Appliance.--For purposes of this section, the types of energy efficient appliances are-- ``(1) dishwashers described in subsection (b)(1), ``(2) clothes washers described in subsection (b)(2), ``(3) refrigerators described in subsection (b)(3), and ``(4) dehumidifiers described in subsection (b)(4).''. (d) Aggregate Credit Amount Allowed.-- (1) Increase in limit.--Paragraph (1) of section 45M(e) of such Code (relating to aggregate credit amount allowed) is amended to read as follows: ``(1) Aggregate credit amount allowed.--The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $100,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years beginning after December 31, 2007.''. (2) Exception for certain refrigerator and clothes washers.--Paragraph (2) of section 45M(e) of such Code is amended to read as follows: ``(2) Amount allowed for certain refrigerators and clothes washers.--Refrigerators described in subsection (b)(3)(D) and clothes washers described in subsection (b)(2)(D) shall not be taken into account under paragraph (1).''. (e) Qualified Energy Efficient Appliances.-- (1) In general.--Paragraph (1) of section 45M(f) of such Code (defining qualified energy efficient appliance) is amended to read as follows: ``(1) Qualified energy efficient appliance.--The term `qualified energy efficient appliance' means-- ``(A) any dishwasher described in subsection (b)(1), ``(B) any clothes washer described in subsection (b)(2), ``(C) any refrigerator described in subsection (b)(3), and ``(D) any dehumidifier described in subsection (b)(4).''. (2) Clothes washer.--Section 45M(f)(3) of such Code (defining clothes washer) is amended by inserting ``commercial'' before ``residential'' the second place it appears. (3) Top-loading clothes washer.--Subsection (f) of section 45M of such Code (relating to definitions) is amended by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Top-loading clothes washer.--The term ``top-loading clothes washer'' means a clothes washer which has the clothes container compartment access located on the top of the machine and which operates on a vertical axis.''. (4) Dehumidifier.--Subsection (f) of section 45M of such Code, as amended by paragraph (3), is amended by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8) and (9), respectively, and by inserting after paragraph (5) the following new paragraph: ``(6) Dehumidifier.--The term `dehumidifier' means a self- contained, electrically operated, and mechanically refrigerated encased assembly consisting of-- ``(A) a refrigerated surface that condenses moisture from the atmosphere, ``(B) a refrigerating system, including an electric motor, ``(C) an air-circulating fan, and ``(D) means for collecting or disposing of condensate.''. (5) Replacement of energy factor.--Section 45M(f)(7) of such Code, as amended by paragraph (4), is amended to read as follows: ``(7) Modified energy factor.--The term `modified energy factor' means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standard.''. (6) Gallons per cycle; water consumption factor.--Section 45M(f) of such Code (relating to definitions) is amended by adding at the end the following: ``(10) Gallons per cycle.--The term `gallons per cycle' means, with respect to a dishwasher, the amount of water, expressed in gallons, required to complete a normal cycle of a dishwasher. ``(11) Water consumption factor.--The term `water consumption factor' means, with respect to a clothes washer, the quotient of the total weighted per-cycle water consumption divided by the cubic foot (or liter) capacity of the clothes washer.''. (f) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2007.", "summary": "Super-Efficient Appliance Incentives and Market Transformation Act of 2007 - Amends the Internal Revenue Code to modify the applicable amount of the tax credit for energy efficient appliances (i.e., dishwashers, clothes washers, refrigerators, and dehumidifiers which restrict water and energy consumption) produced after 2007."}
{"article": "SECTION 1. RESOURCE STAFF FOR STUDENTS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et. seq) is amended by adding at the end the following: ``PART L--RESOURCE STAFF FOR STUDENTS ``SEC. 10993. FINDINGS. ``Congress finds the following: ``(1) Although 7,500,000 children under the age of 18 require mental health services, fewer than 1 in 5 of these children receive the services. ``(2) Across the United States, counseling professionals have an extremely busy caseload and often students do no get the help they need. The current national average ratio of students to counselors in elementary and secondary schools is 513:1. ``(3) Schools in the United States need more mental health professionals, and the funds needed to hire staff to specifically serve students. ``(4) The maximum recommended ratio of students-to- counselors is 250:1. ``(5) Existing counselors are severely taxed to perform duties that are largely administrative in nature, such as scheduling. They are burdened with many demands regarding placement in colleges, texting, career guidance, and the like. ``(6) Student populations are expected to grow significantly over the next few years. School-based services for students will be in great demand. With expected large scale retirements, more than 100,000 new dedicated resource staff for students will be needed to increase student-to-staff service availability. ``(7) The Federal support for reducing the student-to-staff ratio would pay for itself, through reduced violence and substance abuse, and through improvements in students' academic achievement. ``SEC. 10994. PURPOSE. ``The purpose of this part is to assist States and local educational agencies recruit, train, and hire 100,000 school-based resource staff to specifically work with students-- ``(1) to reduce the student-to-counseling ratios nationally, in grades 6-12, to an average of 1 such staff for every 250 students as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health, issued in 1997; ``(2) to help address the mental, emotional, and developmental needs of public school students; and ``(3) to support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. ``SEC. 10995. STUDENT RESOURCE STAFF PROGRAM. ``(a) In General.--The Secretary shall award grants under this section to establish or expand the number of resource staff available for students' needs. ``(1) Distribution.--In awarding grants under this section, the Secretary shall allocate funds proportionately based on the population that is less than 18 years of age in the States. ``(2) Duration.--A grant under this section shall be awarded for a period not to exceed three years. ``(b) Applications.-- ``(1) In general.--Each local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application for a grant under this section shall-- ``(A) describe the secondary public school population to be targeted by the program, the particular personal, social, emotional, education, and career development needs of such population, and the current school counseling resources available for meeting such needs; ``(B) describe the activities, services, and training to be provided by the program and the specific approaches to be used to meet the needs described in subparagraph (A); ``(C) describe the methods to be used to evaluate the outcomes and effectiveness of the program; ``(D) document that the applicant has the personnel qualified to develop, implement, and administer the program; ``(E) assure that the funds made available under this part for any fiscal year will be used to supplement and, to the extent practicable, increase the level of funds that would otherwise be available from non-Federal sources for the program described in the application, and in no case supplant such funds from non-Federal sources. ``(c) Use of Funds.--Grants funds under this section shall be used to initiate or expand student resource staff programs that comply with the purpose under section 10994. ``(d) Definitions.--For purposes of this part the term `resource staff' means an individual who has documented competence and training in mental health to be able to provide services to children and adolescents in a school setting and who-- ``(1) possesses State licensure or certification in mental health granted by an independent professional regulatory authority; ``(2) in the absence of such State licensure or certification, possesses national certification in mental health or in a related specialty granted by an independent professional organization; or ``(3) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; or ``(4) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting, and possesses State licensure or certification in school psychology in the State in which the individual works; or ``(5) holds a master's degree in social work and is licensed or certified by the State in which services are to be provided or holds a school social work specialist credential. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $3,500,000,000 for fiscal year 2000; $3,150,000,000 for fiscal year 2001; $2,800,000,000 for fiscal year 2002; $2,800,000,000 for fiscal year 2003; and $2,800,000,000 for fiscal year 2004 for the hiring of student resource staff.''.", "summary": "Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to assist States and local educational agencies (LEAs) to recruit, train, and hire 100,000 school-based resource staff to work with students to: (1) reduce the student-to-counselor ratios nationally, in grades six through 12, to an average of one such staff for every 250 students, as recommended in a 1997 report by the Institute of Medicine of the National Academy of Sciences relating to schools and health; (2) help address the mental, emotional, and developmental needs of public school students; and (3) support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. Directs the Secretary of Education to make such grants, for up to three years for each grant, to establish or expand the number of resource staff available for students' needs . Requires such grant funds to be allocated on the basis of relative State population under 18 years of age. Sets forth requirements for LEA grant applications and uses of funds. Provides that resource staff means an individual who has documented competence and training in mental health to be able to provide services to children and adolescents in a school setting and who has specified types of licensure, certification, or educational qualifications. Authorizes appropriations for FY 2000 through 2004 for such program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Farmer Viability Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the farm-retail price spread (the difference between farm and retail values) for dairy products has doubled since the early 1980's; (2) the price of raw milk sent to the market by dairy producers has fallen to levels received in 1978; and (3) the number of family-sized dairy operations has decreased by almost 75 percent in the last 2 decades, with some States losing nearly 10 percent of their dairy farmers in recent months. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Dairy Farmer Viability Commission'' (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 15 members appointed by the Secretary. (2) Prohibition on federal government employment.--A member of the Commission appointed under paragraph (1) shall not be an employee or former employee of the Federal Government. (3) Date of appointments.--The appointment of a member of the Commission shall be made as soon as practicable after the date of enactment of this Act. (c) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy on the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment was made. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. SEC. 4. DUTIES. (a) Study.--The Commission shall conduct a study on matters relating to improving the viability of dairy farming. (b) Recommendations.--The Commission shall develop recommendations to improve the viability of dairy farming after considering, with respect to dairy industry-- (1) farm prices; (2) competition; (3) leverage; (4) stability; and (5) concentration in the marketplace. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that contains-- (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission for such legislation and administrative actions as the Commission considers appropriate. SEC. 5. POWERS. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--A member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Commission without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. SEC. 7. FUNDING. The Secretary of Agriculture shall provide to the Commission for each fiscal year such sums as are necessary to carry out this Act, to be derived by transfer of a proportionate amount of funds for administrative expenses from each other account for which funds are made available to the Department of Agriculture for administrative expenses for the fiscal year. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the report of the Commission under section 4(c).", "summary": "Dairy Farmer Viability Act - Establishes the Dairy Farmer Viability Commission which shall study and report on matters affecting the viability of dairy farming."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Water System Adaptation Partnerships Act of 2009''. SEC. 2. WATER SYSTEM ADAPTATION PARTNERSHIPS. (a) Grants.--Beginning in fiscal year 2010, the Administrator of the Environmental Protection Agency shall make grants to water systems to assist in planning, designing, constructing, implementing, or maintaining any program, strategy, or infrastructure improvement-- (1) to conserve water or increase water use efficiency; (2) to carry out water metering to measure water efficiency effectiveness of a water efficiency program; (3) to preserve or improve water quality; (4) to enhance water management by increasing source water preservation and protection, or natural or engineered green infrastructure in the management, conveyance, or treatment of water, wastewater, or stormwater; (5) to increase energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (6) to support the adoption and use of advanced water treatment, water supply management, or water demand management technologies or processes (such as those used in water reuse and recycling or adaptive conservation pricing) that maintain or increase water supply or improve water quality; (7) to complete studies or assessments to project how climate change may impact the future operations and sustainability of the water system; or (8) to carry out any other activity or project to address any ongoing or forecasted, based on the best available research and data, climate-related impact on the water quality or quantity of a region of the United States that increases the resiliency of a water system to the impacts of climate change. (b) Application.--To be eligible to receive a grant from the Administrator under subsection (a), the owner or operator of a water system shall-- (1) submit to the Administrator an application that includes a proposal of the program, strategy, or infrastructure improvement to be planned, designed, constructed, implemented, or maintained by the water system; (2) cite the best available research or data that describes-- (A) the risk to the system's water resources or infrastructure as a result of ongoing or forecasted changes to the hydrological system brought about by factors arising from global climate change; and (B) how the proposed program, strategy, or infrastructure improvement would perform under the anticipated climate conditions; (3) explain how the proposed program, strategy, or infrastructure improvement is expected to increase the water system's resiliency to these risks or reduce the water system's direct or indirect greenhouse gas emissions; and (4) demonstrate the consistency of the program, strategy, or infrastructure improvement with an applicable climate adaptation plan completed and adopted by a State. (c) Competitive Process.--Each calendar year, the Administrator shall conduct a competitive process to select and fund applications under this section. In carrying out the process, the Administrator shall-- (1) give priority to applications that-- (A) are submitted by water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant climate-related negative impacts on water quality or quantity; (B) will impact the largest numbers of water users; and (C) will provide the greatest benefit per dollar expended; (2) solicit applications from water systems that are-- (A) located in all regions of the United States; and (B) facing varying risks as a result of climate change; and (3) provide for solicitation and consideration of public input in the development of criteria used in evaluating applications. (d) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of any program, strategy, or infrastructure improvement that is the subject of a grant awarded by the Administrator to a water system under subsection (a) shall not exceed, in a single calendar year, 50 percent of the cost of the program, strategy, or infrastructure improvement. (2) Calculation of non-federal share.--In calculating the non-Federal share of the cost of a program, strategy, or infrastructure improvement proposed by a water system through an application submitted by the water system under subsection (b), the Administrator shall-- (A) include the value of any in-kind services that substantially contributes toward the completion of the program, strategy, or infrastructure improvement, as determined by the Administrator; and (B) not include any other amount that the water system receives from a Federal agency. (e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate final regulations to carry out this section. (f) Report to Congress.--Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Administrator of the Environmental Protection Agency shall submit to the Congress a report on progress in implementing this section, including information on project applications received and funded annually. (g) Definitions.--In this section: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``water system'' means a community water system as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f), a treatment works as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292), a municipal separate storm sewer system (as defined by the Administrator), or a combined sewer system as defined in 402(q) of the Federal Water Pollution Control Act (33 U.S.C. 1342(q)). (h) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.", "summary": "Water System Adaptation Partnerships Act of 2009 - Directs the Administrator of the Environmental Protection Agency (EPA) to make grants to water systems to assist in planning, designing, constructing, implementing, or maintaining any program, strategy, or infrastructure improvement to: (1) conserve water or increase water use efficiency; (2) carry out water metering to measure water efficiency effectiveness of a water efficiency program; (3) preserve or improve water quality; (4) enhance water management by increasing source water preservation and protection, or natural or engineered green infrastructure, in the management, conveyance, or treatment of water, wastewater, or stormwater; (5) increase energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (6) support the adoption and use of advanced water treatment, water supply management, or water demand management technologies or processes that maintain or increase water supply or improve water quality; (7) complete studies or assessments to project how climate change may impact the future operations and sustainability of the water system; or (8) carry out any other activity or project to address any ongoing or forecasted climate-related impact on the water quality or quantity of a region of the United States that increases the resiliency of a water system to the impacts of climate change. Sets forth grant application requirements. Requires the Administrator to conduct a competitive process to select and fund applications, giving priority to applications that: (1) are submitted by water systems that are at the greatest and most immediate risk of facing significant climate-related negative impacts; (2) will impact the largest numbers of water users; and (3) will provide the greatest benefit per dollar expended. Limits the federal share to 50% of the cost."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Empowerment Zone Act of 2003''. SEC. 2. HEALTH EMPOWERMENT ZONES. (a) Health Empowerment Zone Programs.-- (1) In general.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and the Director of the Office of Minority Health, and in cooperation with the Director of the Office of Community Services and the Director of the National Center for Minority Health and Health Disparities-- (A) shall designate health empowerment zones in accordance with paragraph (2); and (B) shall make grants in accordance with paragraph (3). (2) Designation of health empowerment zones.--The Secretary may designate a community as a health empowerment zone if-- (A) a community partnership seeking a grant under this section requests that the community be designated as a health empowerment zone; and (B) the community partnership demonstrates, to the Secretary's satisfaction, that the community is a community of color that experiences disproportionate disparities in health status and health care. (3) Grants.--The Secretary shall make grants to community partnerships of private and public entities to establish health empowerment zone programs. (4) Use of funds.--Grants under this section shall be used for the establishment of a health empowerment zone program to assist individuals, businesses, schools, minority health associations, nonprofit organizations, community-based organizations, hospitals, health care clinics, and foundations in a health empowerment zone that are seeking-- (A) to effectively access Federal programs to improve the health or environment of 1 or more minority individuals in the community and eliminate racial and ethnic disparities in health status and health care; and (B) to coordinate the efforts of governmental and private entities regarding the elimination of racial and ethnic disparities in health status and health care. (5) Establishment in territory or possession.--The Secretary shall make at least 1 grant under this section to a community partnership for a health empowerment zone program in a health empowerment zone that is located in a territory or possession of the United States. (6) Application.--To seek the designation of a community as a health empowerment zone and to obtain a grant under this section, a community partnership shall submit to the Secretary an application in such form and in such manner as the Secretary may require. An application under this paragraph shall-- (A) demonstrate that the community to be served is a community of color that experiences disproportionate disparities in health status and health care; (B) set forth a strategic plan for the proposed health empowerment zone program, by-- (i) describing the coordinated health, economic, human, community, and physical development plan and related activities proposed for the community involved; (ii) describing the inclusion of the community involved as a full partner in the process of developing, implementing, monitoring, and evaluating the strategic plan and the extent to which local institutions and organizations have contributed to the planning process; (iii) identifying the projected amount of Federal, State, local, and private resources that will be available in the area and the private and public community partnerships to be used (including any participation by or cooperation with universities, colleges, foundations, nonprofit organizations, medical centers, hospitals, health clinics, school districts, or other private and public entities); (iv) identifying the funding requested under any Federal program in support of the proposed health, economic, human, community, and physical development, and related activities; (v) identifying baselines, methods, health outcomes, and benchmarks for measuring the success of carrying out the strategic plan; (vi) demonstrating the ability to effectively reach and service the targeted underserved minority community populations in a culturally appropriate and linguistically responsive manner; (vii) demonstrating a capacity and infrastructure to provide long-term community response that is culturally appropriate and linguistically responsive to a community of color that experiences disproportionate disparities in health status and health care; and (viii) identifying the individuals who have agreed to serve as members of a health empowerment zone coordinating committee for the community involved; and (C) include such other information as the Secretary may require. (7) Preference.--In awarding grants under this subsection, the Secretary shall give preference to proposals from indigenous community entities that have an expertise in providing culturally appropriate and linguistically responsive services to communities of color that experience disproportionate disparities in health status and health care. (b) Federal Assistance for Health Empowerment Zone Grant Programs.--The Secretary of Health and Human Services, the Administrator of the Small Business Administration, the Secretary of Agriculture, the Secretary of Education, the Secretary of Labor, and the Secretary of Housing and Urban Development shall each-- (1) where appropriate, provide entity-specific technical assistance and evidence-based strategies to communities of color that experience disproportionate disparities in health status and health care to further the purposes of a health empowerment zone program described in subsection (a)(5); (2) identify all programs administered by the Department of Health and Human Services, the Small Business Administration, the Department of Agriculture, the Department of Education, the Department of Labor, and the Department of Housing and Urban Development, respectively, that may be used to further the purposes of a health empowerment zone program described in subsection (a)(5); and (3) in administering any program identified under paragraph (2), give priority to any individual or entity located in a community served by a health empowerment zone program under subsection (a) if such priority would further the purposes of the health empowerment zone program described in subsection (a)(5). (c) Health Empowerment Zone Coordinating Committee.-- (1) Establishment.--For each health empowerment zone program established with a grant under subsection (a), the Secretary, acting through the Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration, shall establish a health empowerment zone coordinating committee. (2) Duties.--Each coordinating committee established, in coordination with the Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration, shall provide technical assistance and evidence-based strategies to the grant recipient involved, including providing guidance on research, strategies, health outcomes, program goals, management, implementation, monitoring, assessment, and evaluation processes. (3) Membership.-- (A) Appointment.--The Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration, in consultation with the respective grant recipient, shall appoint the members of each coordinating committee. (B) Composition.--The Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration shall ensure that each coordinating committee-- (i) has not more than 20 members; (ii) includes individuals from communities of color that experience disproportionate disparities in health status and health care; (iii) includes community leaders and leaders of community-based organizations; (iv) includes representatives of academia and lay and professional organizations and associations including those having expertise in medicine, technical, social and behavioral science, health policy, advocacy, cultural and linguistic competency, research management, and organization; and (v) represents a reasonable cross-section of knowledge, views, and application of expertise on societal, ethical, behavioral, educational, policy, legal, cultural, linguistic, and workforce issues related to eliminating disparities in health and health care. (C) Qualifications.--The Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration shall ensure that the members of each coordinating committee meet the following: (i) No member is employed by the Federal Government. (ii) Each member has appropriate experience, including experience in the areas of community development, cultural and linguistic competency, reducing and eliminating racial and ethnic disparities in health and health care, or minority health. (iii) A majority of the members reside in the health empowerment zone involved. (D) Selection.--In selecting individuals to serve on a coordinating committee, the Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration shall give due consideration to the recommendations of the Congress, industry leaders, the scientific community (including the Institute of Medicine), academia, community based nonprofit organizations, minority health and related organizations, the education community, State and local governments, and other appropriate organizations. (E) Chairperson.--The Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration, in consultation with the members of the coordinating committee involved, shall designate a chairperson of the coordinating committee, who shall serve for a term of 3 years and who may be reappointed at the expiration of each such term. (F) Terms.--Each member of a coordinating committee shall be appointed for a term of 1 to 3 years in overlapping staggered terms, as determined by the Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration at the time of appointment, and may be reappointed at the expiration of each such term. (G) Vacancies.--A vacancy on a coordinating committee shall be filled in the same manner in which the original appointment was made. (H) Compensation.--The members of a coordinating committee shall serve without pay. (I) Travel expenses.--Each member of a coordinating committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (4) Staff; experts and consultants.-- (A) Staff.--The chairperson of a coordinating committee may appoint and fix the pay of additional personnel as the chairperson considers appropriate. (B) Experts and consultants.--The chairperson of a coordinating committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (5) Meetings.--A coordinating committee shall meet 3 to 5 times each year, at the call of the coordinating committee's chairperson and in consultation with the Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration. (6) Report.--Each coordinating committee shall transmit to the Congress an annual report that, with respect to the health empowerment zone program involved, includes the following: (A) A review of the program's effectiveness in achieving stated goals and outcomes, and overcoming challenges. (B) A review of the program's management and coordination of the entities involved. (C) A review of the activities in the program's portfolio and components. (D) An identification of policy issues raised by the program. (E) An assessment of program's results including that of capacity, infrastructure, number of underserved minority communities reached and retained in the effort in a defined time frame. (F) Recommendations for new program goals, research areas, enhanced approaches, community partnerships, coordination and management mechanisms, and projects to be established to achieve the program's stated goals, to improve outcomes, assessments, monitoring, and evaluation. (G) A review of the degree of minority entities participation in the program, and an identification of a strategy to increase such participation. (H) Any other reviews or recommendations determined to be appropriate by the coordinating committee. (d) Report.--The Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration shall submit a joint annual report to the appropriate committees of the Congress on the results of the implementation of programs under this section. (e) Definitions.--In this section: (1) Coordinating committee.--The term ``coordinating committee'' means a health empowerment zone coordinating committee established under this section. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 through 2010.", "summary": "Health Empowerment Zone Act of 2003 - Authorizes the Secretary of Health and Human Services to designate a community as a health empowerment zone if a participating community partnership: (1) requests such designation; and (2) demonstrates that the community is a community of color experiencing disproportionate disparities in health status and health care. Directs the Secretary to make: (1) grants to community partnerships of private and public entities to establish health empowerment zone programs to assist individuals, businesses, schools, minority health associations, nonprofit organizations, community-based organizations, hospitals, health care clinics, and foundations in a health empowerment zone that are seeking to improve the health or environment of minority individuals and eliminate racial and ethnic disparities in health status and health care; (2) at least one grant in a health empowerment zone in a U.S. territory or possession; and (3) establish a health empowerment zone coordinating committee for each zone. Directs the Secretary, the Administrator of the Small Business Administration, the Secretary of Agriculture, the Secretary of Education, the Secretary of Labor, and the Secretary of Housing and Urban Development to provide assistance for such programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Hydrocephalus Treatment and Training Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Hydrocephalus, also known as ``water on the brain'', is a medical condition in which an abnormal accumulation of cerebrospinal fluid in the ventricles or cavities of the brain causes increased intracranial pressure inside the skull and progressive enlargement of the head. (2) If left untreated, hydrocephalus leads to physical and mental disabilities and eventually death. (3) Hydrocephalus is an extremely painful condition that most commonly occurs in infants and young children as a result of a congenital abnormality (anatomic abnormality, aqueductal stenosis, spina bifida or encephalocele), or post-infectious hydrocephalus (PIH) caused by infections acquired after birth, such as meningitis, that attack the brain. (4) PIH is the most common cause of hydrocephalus globally, accounting for approximately 60 percent of all cases. (5) Three to five out of every 1,000 newborns in developing countries are either born with hydrocephalus or acquire it due to neonatal infections in the first few months of life. (6) It is conservatively estimated that more than 300,000 children are born with or acquire hydrocephalus in the developing world each year. (7) Children with hydrocephalus who are not effectively treated or who are not treated in the early stages of the condition suffer from cognitive deficiencies or physical disabilities or both. (8) Families of children who have hydrocephalus in developing countries rarely know that it is a treatable condition, where to go for treatment, or how to care for a child suffering from the condition. (9) Many children with hydrocephalus in developing countries are abandoned, ostracized, or abused due to their appearance and physical and mental disabilities. (10) Hydrocephalus can be treated, and advances in innovative medical procedures such as ETV/CPC have the potential to save thousands of lives annually and prevent or mitigate physical and mental disabilities in thousands of children in developing countries. (11) The current standard treatment for hydrocephalus is the VP shunt which often requires up to 5 surgical revisions before a child reaches adulthood to remedy blockages in the shunt and to account for the child's growth. Blockages can be expected during the life of the patient and can lead to death, particularly in developing countries where access to the requisite medical expertise often is not available. (12) Due to the need for multiple replacements of a VP shunt, this treatment is expensive and creates an increased burden on fragile health systems, patients, and families. (13) ETV/CPC is a shunt-less surgery for hydrocephalus that does not require a VP shunt and has been shown to be appropriate in at least two-thirds of the cases of infants with hydrocephalus. Of those cases, ETV/CPC is 93 percent effective in eliminating hydrocephalus. (14) Few hospitals with the expertise and capacity to treat hydrocephalus exist in developing countries, and the demand for treatment far exceeds the capacity of health systems in those countries. (15) Neurosurgical care for hydrocephalus in developing countries is widely unavailable due to a lack of trained neurosurgeons. In East Africa, there is only 1 neurosurgeon per 10,000,000 people. In many developing countries there are no trained neurosurgeons. (16) Hundreds of thousands of cases of hydrocephalus in children in developing countries could be successfully treated if adequate resources are devoted to training surgeons in new techniques, such as ETV/CPC, and many future cases could be prevented if adequate resources are devoted to research means to mitigate the preventable causes of hydrocephalus. (17) Adoption of innovative new techniques to treat hydrocephalus, such as ETV/CPC, are more cost effective in the long term than current treatment methods since only one surgery is required in most cases, thus limiting the impact on overburdened health systems in developing countries. SEC. 3. ASSISTANCE TO TREAT HYDROCEPHALUS AND TRAIN SURGEONS. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et. seq.) is amended-- (1) by redesignating the second section 135 (as added by section 5(a) of the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109-121; 119 Stat. 2536)) as section 136; and (2) by adding at the end the following: ``SEC. 137. ASSISTANCE TO TREAT HYDROCEPHALUS AND TRAIN SURGEONS. ``(a) Purposes.--The purposes of assistance authorized by this section are-- ``(1) to ensure that life-saving treatment of hydrocephalus is an important priority of United States bilateral foreign assistance, including through promotion of innovative treatments and training of medical practitioners from the developing world in the latest treatment protocols and best practices for the treatment of hydrocephalus, including-- ``(A) surgery and post-surgery care in developing countries; ``(B) the creation of a comprehensive hydrocephalus training program based in the developing world for surgeons and key members of their medical team; and ``(C) the training of medical practitioners based in the developing world in ETV/CPC and other appropriate treatment protocols; and ``(2) to promote research to reduce the incidence of PIH epidemiology, pathophysiology, and disease burden, and to improve treatment of hydrocephalus. ``(b) Authorization.--To carry out the purposes of subsection (a), the President is authorized to provide assistance to support a network of trained medical practitioners to treat hydrocephalus in children at pediatric hospitals and hydrocephalus treatment centers in developing countries with a high incidence of hydrocephalus. ``(c) Activities Supported.-- ``(1) Comprehensive program.-- ``(A) In general.--Assistance provided under subsection (b) shall, to the maximum extent practicable, be used to establish a comprehensive program to administer global hydrocephalus treatment and training activities utilizing a network of pediatric hospitals capable of performing endoscopic surgery in developing countries. ``(B) Administration.--The program described in subparagraph (A) shall be administered by healthcare executives and neurosurgeons with expertise in the treatment of hydrocephalus. ``(C) Responsibilities.--The responsibilities of the administrators described in subparagraph (B) shall include-- ``(i) developing an appropriate education and training curriculum; ``(ii) establishing quality control standards; ``(iii) instituting safety guidelines and standards; and ``(iv) developing monitoring and evaluation protocols. ``(2) Training hospital.-- ``(A) In general.--Assistance provided under subsection (b) shall, to the maximum extent practicable, be used to establish a surgeon training program within a pediatric hospital based in a developing country with a high incidence of hydrocephalus with the goal of training four surgeons annually and a total of 20 surgeons over a 5-year period to treat hydrocephalus utilizing the ETV/CPC technique. ``(B) Timeline.--To the maximum extent practicable, the surgeon training program described in subparagraph (A) should be operational no later than 1 year after the date of enactment of this Act. ``(C) Training admissions criteria.--Candidates for the surgeon training program established under subparagraph (A) shall-- ``(i) have a demonstrated commitment to providing medical assistance in the developing world; and ``(ii) certify that the candidate intends to remain and practice medicine in the developing world following completion of the program. ``(D) Training program methodology.--The surgeon training program established under subparagraph (A) shall-- ``(i) be conducted by a neurosurgeon with a minimum of 3 years of full-time operating experience in the developing world; ``(ii) be a hands-on operating room experience in the developing world; ``(iii) utilize a hydrocephalus treatment protocol with an emphasis on ETV/CPC as the preferred treatment when medically appropriate; and ``(iv) require that each trainee complete a minimum of 50 ETV/CPC or ETV procedures and at least 25 VP shunt procedures. ``(3) Treatment centers.-- ``(A) In general.--Assistance provided under subsection (b) shall, to the maximum extent practicable, be used to establish at least 20 hydrocephalus treatment centers located at public and private hospital in developing countries with a high incidence of hydrocephalus, which shall include treatment costs, endoscopy equipment and medical supplies necessary to provide ETV/CPC procedures to treat hydrocephalus. ``(B) Staffing.--The treatment centers described in subparagraph (A) shall be staffed by-- ``(i) one or more surgeons who have successfully completed the surgeon training program provided pursuant to paragraph (2); and ``(ii) a patient care administrator. ``(C) Treatment.--The treatment centers described in subparagraph (A) shall-- ``(i) provide surgery to treat hydrocephalus in children; ``(ii) perform at least 50 hydrocephalus surgeries annually including a minimum of 25 ETV or ETV/CPC surgeries; and ``(iii) provide post-surgery care and support for the children treated in accordance with clause (i). ``(4) Medical records and data.--Assistance provided under subsection (b) shall, to the maximum extent practicable, include the maintenance of medical records which track patient care activities and information about the causes and incidence rates of PIH. ``(d) Definitions.--In this section: ``(1) CPC.--The term `CPC' means choroid plexus cauterization, a surgical procedure to reduce the production of cerebrospinal fluid in the brain. ``(2) ETV.--The term `ETV' means endoscopic third ventriculostomy, a shunt-less surgical procedure in which an opening is created in the floor of the third ventricle of the brain allowing cerebrospinal fluid to bypass any obstruction and flow directly to the basal cisterns. ``(3) ETV/CPC.--The term `ETV/CPC' means the shunt-less surgical method for treating hydrocephalus through the combination of ETV and CPC surgical procedures. ``(4) Hydrocephalus.--The term `hydrocephalus' means a medical condition in which an abnormal accumulation of cerebrospinal fluid in the ventricles or cavities of the brain causes increased intracranial pressure inside the skull and progressive enlargement of the head. ``(5) Medical practitioners.--The term `medical practitioners' means physicians, nurses and other clinicians. ``(6) PIH.--The term `PIH' means post-infectious or acquired hydrocephalus which is the onset of hydrocephalus after birth due to the affects of an infection, such as meningitis, that has attacked the brain. ``(7) VP shunt.--The term `VP shunt' means a ventriculoperitonea shunt which is a plastic tube that is regulated by a valve and surgically placed in a brain ventricle that allows the cerebrospinal fluid to flow out of the brain through the tube and into the patient's abdomen. ``(e) Authorization of Appropriations.--Of the amounts made available to carry out this chapter for child survival and maternal health programs, there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2014 through 2018 to carry out this section.''.", "summary": "International Hydrocephalus Treatment and Training Act - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance to support a network of trained medical practitioners to treat hydrocephalus in children at pediatric hospitals and hydrocephalus treatment centers in developing countries. Requires such assistance to provide for surgeon training and establishment of at least 20 treatment centers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity for Temporary Workers Act of 1999''. SEC. 2. TEMPORARY WORKER RIGHTS. (a) Discrimination.-- No employer shall discriminate with respect to wages, hours, and other terms and conditions of employment against any temporary employee. (b) Benefits.--After a temporary employee works for an employer for 1,000 hours during a 12-month period, whether placed in the employ of such employer by the employer, by a temporary help agency or staffing firm, or under a leasing arrangement by a third party, such temporary employee shall be eligible to receive any benefit offered by the employer to other permanent employees. SEC. 3. EQUAL PAY FOR TEMPORARY EMPLOYEES. (a) General Rule.--An employer having employees subject to section 6 of the Fair Labor Standards Act of 1938 shall not discriminate, within any establishment in which such employees are employed, between employees on the basis of employment status by paying wages to temporary employees in such establishment at a rate less than the rate at which the employer pays wages to full-time employees in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to-- (1) a seniority system; (2) a merit system; (3) a system that measures earning by quantity or quality of production; or (4) a differential based on any other factor other than employment status. (b) Wage Reduction.--An employer who is paying a wage rate differential in violation of this section shall not, in order to comply with the provisions of this section, reduce the wage rate of any employee. (c) Labor Organization.--No labor organization, or its agents, representing the employees of an employer having employees subject to section 6 of the Fair Labor Standards Act of 1938 shall cause or attempt to cause such an employer to discriminate against an employee in violation of this section. (d) Unpaid Wages.--For purposes of administration and enforcement, any amounts owing to any employee that have been withheld in violation of this section shall be deemed to be unpaid minimum wages or unpaid overtime compensation under section 5. (e) Definition.--As used in this section, the term ``labor organization'' means any organization of any kind, or any agency or employee representation committee or plan, in which employers participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. SEC. 4. LIABILITY TO ALL PERSONS ON WORKSITE. Section 5(a)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654(a)(1)) is amended to read as follows: ``(1) shall, at the place of employment of the employer, furnish to each person at such place a place which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to such persons; and''. SEC. 5. ENFORCEMENT. (a) Civil Action by Employees.-- (1) Liability.--Any employer who violates section 2 or 3 shall be liable to any eligible employee affected-- (A) for damages equal to-- (i) the amount of any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii), except that if an employer who has violated section 2 or 3 proves to the satisfaction of the court that the act or omission which violated such section was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of such section, such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively; and (B) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (2) Right of action.--An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of-- (A) the employees; or (B) the employees and other employees similarly situated. (3) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitations.--The right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate-- (A) on the filing of a complaint by the Secretary in an action under subsection (d) in which restraint is sought of any further delay in the payment of the amount described in paragraph (1)(A) to such employee by an employer responsible under paragraph (1) for the payment; or (B) on the filing of a complaint by the Secretary in an action under subsection (b) in which a recovery is sought of the damages described in paragraph (1)(A) owing to an eligible employee by an employer liable under paragraph (1), unless the action described in subparagraph (A) or (B) is dismissed without prejudice on motion of the Secretary. (b) Action by the Secretary.-- (1) Administrative action.--The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 2 or 3 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (2) Civil action.--The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in subsection (a)(1)(A). (3) Sums recovered.--Any sums recovered by the Secretary pursuant to paragraph (2) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee affected. Any such sums not paid to an employee because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (c) Limitation.-- (1) In general.--Except as provided in paragraph (2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (2) Willful violation.--In the case of such action brought for a willful violation of section 2 or 3, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (3) Commencement.--In determining when an action is commenced by the Secretary under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed. (d) Action for Injunction by Secretary.--The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary-- (1) to restrain violations of section 2 or 3, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to eligible employees; or (2) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (e) Solicitor of Labor.--The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this section. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Employee.--The term ``employee'' means any individual who performs services for wages, salary, or other reimbursement under any contract of hire, written or oral, express or implied with an employer. This individual also works for an employer at least 1,000 hours per year. (2) Employer.--The term ``employer'' means any person engaged in commerce or in any industry or activity affecting commerce who employs 100 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. (3) Permanent employee.--The term ``permanent employee'' means any individual who is hired for an indefinite period of time as an employee and is accorded benefits. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) Temporary agency.--The term ``temporary agency'' means any person regularly undertaking with or without compensation to procure employees for an employer temporarily or to procure for employees opportunities to work for an employer and includes an agent of such a person. (6) Temporary employee.--The term ``temporary employee'' means any employee who is not permanent.", "summary": "Equity for Temporary Workers Act of 1999 - Prohibits employers from discriminating with respect to wages, hours, and other terms and conditions of employment against any temporary employee. Makes a temporary employee eligible to receive any benefit offered by an employer to other permanent employees after the temporary employee works for the employer for 1,000 hours during a 12-month period, regardless of whether placed by the employer, by a temporary help agency or staffing firm, or under a leasing arrangement by a third party. Requires equal pay for temporary employees. Prohibits employers with employees subject to the Fair Labor Standards Act of 1938 from discriminating between employees on the basis of employment status by paying wages to temporary employees in the same establishment at a rate less than that at which the employer pays full-time employees for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Exempts from such prohibition any such payments made pursuant to: (1) a seniority system; (2) a merit system; (3) a system that measures earning by quantity or quality of production; or (4) a differential based on any other factor other than employment status. Amends the Occupational Safety and Health Act of 1970 to require employers to furnish each employee a place free from recognized hazards that are causing or are likely to cause death or serious physical harm. Sets forth enforcement provisions with respect to violations of this Act, including civil actions by employees and administrative and injunctive actions by the Secretary of Labor."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Charitable Pension Flexibility Act of 2013''. SEC. 2. ELECTION TO CEASE TO BE TREATED AS AN ELIGIBLE CHARITY PLAN. (a) In General.--Subsection (d) of section 104 of the Pension Protection Act of 2006, as added by section 202 of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended by-- (1) striking ``For purposes of'' and inserting ``(1) In general.--For purposes of'', and (2) adding at the end the following: ``(2) Election not to be an eligible charity plan.--A plan sponsor may elect for a plan to cease to be treated as an eligible charity plan for plan years beginning after December 31, 2013. Such election shall be made at such time and in such form and manner as shall be prescribed by the Secretary of the Treasury. Any such election may be revoked only with the consent of the Secretary of the Treasury. ``(3) Election to use funding options available to other plan sponsors.-- ``(A) In general.--A plan sponsor that makes the election described in paragraph (2) may also elect for a plan to apply the rules described in subparagraphs (B), (C), and (D) for plan years beginning after December 31, 2013. Such election shall be made at such time and in such form and manner as shall be prescribed by the Secretary of the Treasury. Any such election may be revoked only with the consent of the Secretary of the Treasury. ``(B) Applicable shortfall amortization bases.-- Under the rules described in this subparagraph, for the first plan year beginning after December 31, 2013, a plan has-- ``(i) an 11-year shortfall amortization base, ``(ii) a 12-year shortfall amortization base, and ``(iii) a 7-year shortfall amortization base. ``(C) Determination of installments.--Under the rules described in this subparagraph, section 430(c)(2)(A) and (B) of the Internal Revenue Code of 1986 and section 303(c)(2)(A) and (B) of the Employee Retirement Income Security Act of 1974 shall be applied-- ``(i) in the case of an 11-year shortfall amortization base, by substituting `11-plan- year period' for `7-plan-year period' wherever it appears, and ``(ii) in the case a 12-year shortfall amortization base, by substituting `12-plan- year period' for `7-plan-year period' wherever it appears. ``(D) Alternate required installments.--Under the rules described in this subparagraph, section 430(c)(7) of the Internal Revenue Code of 1986 and section 303(c)(7) of the Employee Retirement Income Security Act of 1974 shall apply to a plan for which an election has been made under subparagraph (A). Such provisions shall apply in the following manner: ``(i) The first plan year beginning after December 31, 2013, shall be treated as an election year, and no other plan years shall be so treated. ``(ii) All references in section 430(c)(7) of such Code and in section 303(c)(7) of such Act to `February 28, 2010' or `March 1, 2010' shall be treated as references to `February 28, 2013' or `March 1, 2013', respectively. ``(E) 11-year shortfall amortization base.--For purposes of this paragraph, the 11-year shortfall amortization base is an amount, determined for the first plan year beginning after December 31, 2013, equal to the unamortized principal amount of the shortfall amortization base (as defined in section 430(c)(3) of the Internal Revenue Code of 1986 and section 303(c)(3) of the Employee Retirement Income Security Act of 1974) that would have applied to the plan for the first plan year beginning after December 31, 2009, if-- ``(i) the plan had never been an eligible charity plan. ``(ii) the plan sponsor had made the election described in section 430(c)(2)(D)(i) of the Internal Revenue Code of 1986 and in section 303(c)(2)(D)(i) of the Employee Retirement Income Security Act of 1974 to have section 430(c)(2)(D)(iii) of such Code and section 303(c)(2)(D)(iii) of such Act apply with respect to the shortfall amortization base for the first plan year beginning after December 31, 2009, and ``(iii) no event had occurred under paragraph (6) or (7) of section 430(c) of such Code or paragraph (6) or (7) of section 303(c) of such Act that, as of the first day of the first plan year beginning after December 31, 2013, would have modified the shortfall amortization base or the shortfall amortization installments with respect to the first plan year beginning after December 31, 2009. ``(F) 12-year shortfall amortization base.--For purposes of this paragraph, the 12-year shortfall amortization base is an amount, determined for the first plan year beginning after December 31, 2013, equal to the unamortized principal amount of the shortfall amortization base (as defined in section 430(c)(3) of the Internal Revenue Code of 1986 and section 303(c)(3) of the Employee Retirement Income Security Act of 1974) that would have applied to the plan for the first plan beginning after December 31, 2010, if-- ``(i) the plan had never been an eligible charity plan, ``(ii) the plan sponsor had made the election described in section 430(c)(2)(D)(i) of the Internal Revenue Code of 1986 and in section 303(c)(2)(D)(i) of the Employee Retirement Income Security Act of 1974 to have section 430(c)(2)(D)(iii) of such Code and section 303(c)(2)(D)(iii) of such Act apply with respect to the shortfall amortization base for the first plan year beginning after December 31, 2010, and ``(iii) no event had occurred under paragraph (6) or (7) of section 430(c) of such Code or paragraph (6) or (7) of section 303(c) of such Act that, as of the first day of the first plan year beginning after December 31, 2013, would have modified the shortfall amortization base or the shortfall amortization installments with respect to the first plan year beginning after December 31, 2010. ``(G) 7-year shortfall amortization base.--For purposes of this paragraph, the 7-year shortfall amortization base is an amount, determined for the first plan year beginning after December 31, 2013, equal to-- ``(i) the shortfall amortization base for the first plan year beginning after December 31, 2013, without regard to this paragraph, minus ``(ii) the sum of the 11-year shortfall amortization base and the 12-year shortfall amortization base.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.", "summary": "Charitable Pension Flexibility Act of 2013 - Amends the Pension Protection Act of 2006, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, to allow the sponsor of a multiple-employer defined benefit pension plan to elect for a plan to cease to be treated as an eligible charity plan for plan years beginning after December 31, 2013. Permits revocation of such an election, however, only with the consent of the Secretary of the Treasury. Allows a plan sponsor also to elect to apply specified requirements with respect to the shortfall amortization base in minimum funding standards for such plans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care for Veterans of Project 112/Project SHAD Act of 2003''. SEC. 2. PROVISION OF HEALTH CARE TO VETERANS WHO PARTICIPATED IN CERTAIN DEPARTMENT OF DEFENSE CHEMICAL AND BIOLOGICAL WARFARE TESTING. Section 1710(e) of title 38, United States Code, is amended-- (1) in paragraph (1), by adding at the end the following new subparagraph: ``(E) Subject to paragraphs (2) and (3), a veteran who participated in a test conducted by the Department of Defense Deseret Test Center as part of a program for chemical and biological warfare testing from 1962 through 1973 (including the program designated as `Project Shipboard Hazard and Defense (SHAD)' and related land-based tests) is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such testing.''. (2) in paragraph (2)(B), by striking out ``paragraph (1)(C) or (1)(D)'' and inserting ``subparagraph (C), (D), or (E) of paragraph (1)''; and (3) in paragraph (3)-- (A) by striking ``and'' at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) in the case of care for a veteran described in paragraph (1)(E), after December 31, 2005.''. SEC. 3. IMPROVEMENTS TO THE RETENTION AND RECRUITMENT OF HEALTH CARE PROFESSIONALS. (a) Promotion Standards for Health Care Personnel.--Subsection (c) of 7403 of title 38, United States Code, is amended by striking ``Promotions'' and inserting ``Consistent with subsection (a) of section 7422 of this title, and notwithstanding subsection (b) of that section, promotions''. (b) Promotions for Nurses Who Do Not Have Baccalaureate Degrees.-- Such section is further amended by adding at the end the following new subsection: ``(h) In a case in which a registered nurse has accomplished the performance elements required for promotion to the next grade, the lack of a baccalaureate degree in nursing shall not be a bar to promotion to that grade, and in such a case the registered nurse shall not be denied a promotion on that basis.''. SEC. 4. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL HEALTH CARE WORKERS IN THE VETERANS HEALTH ADMINISTRATION. (a) In General.--Section 7454(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Employees appointed under section 7408 of this title shall be entitled to additional pay on the same basis as provided for nurses in section 7453(c) of this title.''. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to pay periods beginning on or after the date of the enactment of this Act. SEC. 5. COVERAGE OF EMPLOYEES OF VETERANS' CANTEEN SERVICE UNDER ADDITIONAL EMPLOYMENT LAWS. (a) Coverage.--Paragraph (5) of section 7802 of title 38, United States Code, is amended by inserting before the semicolon a period and the following: ``An employee appointed under this section may be considered for appointment to a Department position in the competitive service in the same manner that a Department employee in the competitive service is considered for transfer to such position. An employee of the Service who is appointed to a Department position in the competitive service under the authority of the preceding sentence may count toward the time-in-service requirement for a career appointment in such position any previous period of employment in the Service''. (b) Technical Amendments.--Such section is further amended-- (1) by striking the semicolon at the end of each of paragraphs (1) through (10) and inserting a period; (2) by striking ``The Secretary '' and all that follows through ``(1) establish,'' and inserting ``(a) Locations for Canteens.--The Secretary shall establish,''; (3) by redesignating paragraphs (2) through (11) as subsections (b) through (k), respectively, and by realigning those subsections (as so redesignated) so as to be flush to the left margin; (4) in subsection (b) (as so redesignated), by inserting ``Warehouses and Storage Depots.--The Secretary shall'' before ``establish''; (5) in subsection (c) (as so redesignated), by inserting ``Space, Buildings, and Structures.--The Secretary shall'' before ``furnish''; (6) in subsection (d) (as so redesignated), by inserting ``Equipment, Services, and Utilities.--The Secretary shall'' before ``transfer''; (7) in subsection (e) (as so redesignated and as amended by subsection (a)), by inserting ``Personnel.--The Secretary shall'' before ``employ''; (8) in subsection (f) (as so redesignated), by inserting ``Contracts and Agreements.--The Secretary shall'' before ``make all''; (9) in subsection (g) (as so redesignated), by inserting ``Prices.--The Secretary shall'' before ``fix the''; (10) in subsection (h) (as so redesignated), by inserting ``Gifts and Donations.--The Secretary may'' before ``accept''; (11) in subsection (i) (as so redesignated), by inserting ``Rules and Regulations.--The Secretary shall'' before ``make such''; (12) in subsection (j) (as so redesignated), by inserting ``Delegation.--The Secretary may'' before ``delegate such''; and (13) in subsection (k) (as so redesignated), by inserting ``Authority To Cash Checks, Etc.--The Secretary may'' before ``authorize''. Passed the House of Representatives September 10, 2003. Attest: JEFF TRANDAHL, Clerk.", "summary": "Health Care for Veterans of Project 112/Project SHAD Act of 2003 - Makes a veteran who participated in a test conducted by the Department of Defense Deseret Test Center as part of a program for chemical and biological warfare testing from 1962 through 1973 (including the program designated as Project Shipboard Hazard and Defense (SHAD) and related land-based tests) eligible for hospital care, medical services, and nursing home care through the Department of Veterans Affairs for any illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such testing. Terminates such eligibility after December 31, 2005. (Sec. 3) Prohibits the lack of a baccalaureate degree in nursing from being a bar to, or resulting in the denial of, a promotion to the next higher grade for a Veterans Health Administration (VHA) registered nurse who has accomplished required performance elements. (Sec. 4) Authorizes additional pay for Saturday VHA nursing duty. (Sec. 5) Allows: (1) employees of the Veterans' Canteen Service (Service) to be considered for appointment to a Department position in the competitive service in the same manner that Department employees in the competitive service are considered for transfer to Service positions; and (2) former Service employees to count their previous period of employment toward the time-in-service requirement of a Department position in the competitive service."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited CARD Reform for Consumers Act of 2009''. SEC. 2. EARLIER EFFECTIVE DATE FOR CREDIT CARD PROVISIONS OF THE CREDIT CARD ACT OF 2009. Section 3 of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (15 U.S.C. 1602 note) is amended-- (1) by striking ``This Act'' and inserting ``(a) In General.--This Act''; and (2) by adding at the end the following new subsections: ``(b) Certain Credit Card Provisions.--Except as otherwise specifically provided in this Act, titles I, II, and III, and the amendments made by such titles, shall take effect on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009. ``(c) Certain Credit Card Issuers.--Except as otherwise specifically provided in this Act and notwithstanding subsection (b), the effective date established under subsection (a) shall apply with respect to the application of titles I, II, and III, and the amendments made by such titles, to any credit card issuer which is a depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act) with fewer than 2,000,000 credit cards in circulation as of the date of the enactment of this Act.''. SEC. 3. EARLIER EFFECTIVE DATES FOR SPECIFIC PROVISIONS TO PREVENT FURTHER ABUSES. (a) Review of Past Consumer Interest Rate Increases.--Section 148(d) of the Truth in Lending Act (15 U.S.C. 1665c(d)) (as added by section 101(c) of the Credit Card Accountability Responsibility and Disclosure Act of 2009) is amended-- (1) by striking ``9 months after the date of enactment of this section'' and inserting ``the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, except that for a depository institution, as defined in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer than 2 million credit cards in circulation on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, the effective date shall be February 22, 2010,''; and (2) by striking ``become effective 15 months after that date of enactment'' and inserting ``take effect on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, except that for a depository institution, as defined in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer than 2 million credit cards in circulation on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, the effective date shall be August 22, 2010''. (b) Requirement That Penalty Fees Be Reasonable and Proportional to the Violation.--Section 149(b) of the Truth in Lending Act (15 U.S.C. 1665d(b)) (as added by section 102(b) of the Credit Card Accountability Responsibility and Disclosure Act of 2009) is amended-- (1) by striking ``9 months after the date of enactment of this section,'' and inserting ``the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, except that for a depository institution, as defined in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer than 2 million credit cards in circulation on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, the effective date shall be February 22, 2010,''; and (2) by striking ``become effective 15 months after the date of enactment of the section'' and inserting ``take effect on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, except that for a depository institution, as defined in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer than 2 million credit cards in circulation on the date of the enactment of the Expedited CARD Reform for Consumers Act of 2009, the effective date shall be August 22, 2010''. SEC. 4. CLARIFICATION THAT 45-DAY DELAY DOES NOT APPLY TO REDUCTIONS IN INTEREST RATES AND FEES. Subsection (i) of section 127 of the Truth in Lending Act (15 U.S.C. 1637) (as added by section 101(a)(1) of the Credit CARD Act of 2009) is amended by adding at the end the following new paragraph: ``(5) Clarification.--No provision of this subsection shall be construed as preventing any creditor from putting any reduction in an annual percentage rate, any decrease or elimination of any fee imposed on any consumer, or any significant change in terms solely or primarily for the benefit of the consumer into effect immediately.''. SEC. 5. MORATORIUM ON INCREASES IN RATES AND FEES AND CHANGES IN TERMS TO THE DETRIMENT OF THE CONSUMER. Notwithstanding any other provision of this Act or any amendment made by this Act, subsection (b) of section 164 of the Truth in Lending Act (as added by section 104(4) of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (Public Law 111-24)) shall not take effect until February 22, 2010, for any creditor with respect to an existing credit card account under an open end credit plan, or such a plan issued on or after the date of enactment, as long as the creditor does not-- (1) increase any annual percentage rate, fee, or finance charge applicable to any existing or future balance, except as permitted under subsection 171(b) of the Truth in Lending Act (as added by Public Law 111-24); or (2) change the terms to the detriment of a consumer, including terms governing the repayment of any outstanding balance, except as provided in section 171(c) of the Truth in Lending Act (as added by Public Law 111-24). SEC. 6. ADDITIONAL LIMITATIONS ESTABLISHED. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (r) (as added by the Credit CARD Act of 2009) the following new subsection: ``(s) Cancellation of Account Without Detrimental Effect.--If, in the case of a credit card account under an open end consumer credit plan, the consumer receives notice of the imposition of a new fee, and within the 45-day period beginning on receipt of such notice, pays off any outstanding balance on the account, no creditor and no consumer reporting agency (as defined in section 603) may use such pay off or closure of the consumer credit account to negatively impact the consumer's credit score or consumer report (as such terms are defined in sections 609 and 603, respectively).''. SEC. 7. MORATORIUM ON RATE INCREASES. (a) In General.--During the period beginning on the date of the enactment of this Act and ending 9 months after the date of the enactment of the Credit Card Accountability Responsibility and Disclosure Act of 2009, in the case of any credit card account under an open end consumer credit plan-- (1) no creditor may increase any annual percentage rate, fee, or finance charge applicable to any outstanding balance, except as permitted under subsection 171(b) of the Truth in Lending Act (as added by Public Law 111-24); and (2) no creditor may change the terms governing the repayment of any outstanding balance, except as set forth in section 171(c) of the Truth in Lending Act (as added by Public Law 111-24). (b) Definitions.--For purposes of this section, the following definitions shall apply: (1) Annual percentage rate.--The term ``annual percentage rate'' means an annual percentage rate, as determined under section 107 of the Truth in Lending Act (15 U.S.C. 1606). (2) Finance charge.--The term ``finance charge'' means a finance charge, as determined under section 106 of the Truth in Lending Act (15 U.S.C. 1605). (3) Outstanding balance.--The term ``outstanding balance'' has the same meaning as in section 171(d) of the Truth in Lending Act (as added by Public Law 111-24). (4) Other terms.--Any term used in this section that is defined in section 103 of the Truth in Lending Act (15 U.S.C. 1602) and is not otherwise defined in this section shall have the same meanings as in section 103 of the Truth in Lending Act. (c) Regulatory Authority.-- (1) In general.--The Board of Governors of the Federal Reserve System may prescribe such regulations as may be necessary to carry out this section. (2) Effective date.--The provisions of this section shall take effect upon the date of the enactment of this title, regardless of whether rules are issued under subsection (a). Passed the House of Representatives November 4, 2009. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Expedited CARD Reform for Consumers Act of 2009 - (Sec. 2) Amends the Credit Card Accountability Responsibility and Disclosure Act of 2009 (Credit CARD Act of 2009) to: (1) make Title I: Consumer Protection, Title II: Enhanced Consumer Disclosures, and Title III: Protection of Young Consumers effective as of the date of enactment of this Act; and (2) make February 22, 2010, the effective date of such titles for a depository institution with fewer than two million credit cards in circulation on the date of the enactment of the Credit CARD Act of 2009. (Sec. 3) Amends the Truth in Lending Act (TILA) to make conforming amendments with respect to review of past consumer interest rate increases. Amends TILA to move to the date of enactment of this Act: (1) the deadline by which the Board of Governors of the Federal Reserve System (Board) must issue final implementing rules for required creditor reviews of changes in factors considered in past consumer annual percentage interest rate (APR) increases when determining whether to reduce the APR; and (2) the effective date of the creditor review requirement. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the creditor review requirement governing a depository institution that has fewer than two million credit cards in circulation on the date of the enactment of this Act. Declares the date of enactment of this Act: (1) the effective date of the requirement that any penalty fee or charge that a credit card issuer may impose, including a late payment fee, over-the-limit fee, or any other penalty fee or charge, be reasonable and proportional to the omission or violation to which it relates; and (2) the deadline for the Board to issue final implementing rules establishing standards for assessing whether any such penalty fee or charge is reasonable and proportional. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the reasonable and proportional requirement itself, with respect to a depository institution with fewer than two million credit cards in circulation on the date of the enactment of this Act. (Sec. 4) States that TILA does not prevent a creditor from putting into effect immediately: (1) any reduction in APR; (2) elimination or reduction of any fee imposed on a consumer; or (3) any significant change in terms for the benefit of the consumer. (Sec. 5) Defers until February 22, 2010, the effective date of the new requirement under the Act that a credit card issuer must apply amounts in excess of the minimum payment amount first to the card balance bearing the highest rate of interest. Conditions this moratorium, however, on the creditor's refraining from: (1) increasing any APR, or fees or finance charges applicable to any existing or future balance (other than as provided in TILA); or (2) changing the account terms to the detriment of a consumer, including repayment of any outstanding balance (other than as provided in TILA). (Sec. 6) Amends TILA to prohibit either a creditor or a consumer reporting agency from using the pay off or closure of a consumer credit card account under an open end consumer credit plan to negatively impact the consumer's credit score or consumer report when the consumer pays off an outstanding account balance within 45 days after receiving notice of the imposition of a new fee. (Sec. 7) Imposes a limited moratorium on APR, fee, and finance charge increases, beginning on the date of enactment of this Act. Prohibits a creditor, during the moratorium period, from: (1) increasing any APR, fee, or finance charge applicable to any outstanding balance of a credit card account under an open end consumer credit plan; or (2) changing the repayment terms of an outstanding balance (except as permitted under TILA). Ends such moratorium nine months (February 22, 2010) after the date of enactment of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (May 22, 2009)."}
{"article": "SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Richmond National Battlefield Park Act of 2000''. (b) Definitions.--In this Act: (1) Battlefield park.--The term ``battlefield park'' means the Richmond National Battlefield Park. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) In the Act of March 2, 1936 (Chapter 113; 49 Stat. 1155; 16 U.S.C. 423j), Congress authorized the establishment of the Richmond National Battlefield Park, and the boundaries of the battlefield park were established to permit the inclusion of all military battlefield areas related to the battles fought during the Civil War in the vicinity of the city of Richmond, Virginia. The battlefield park originally included the area then known as the Richmond Battlefield State Park.- (2) The total acreage identified in 1936 for consideration for inclusion in the battlefield park consisted of approximately 225,000 acres in and around the city of Richmond. A study undertaken by the congressionally authorized Civil War Sites Advisory Committee determined that of these 225,000 acres, the historically significant areas relating to the campaigns against and in defense of Richmond encompass approximately 38,000 acres. (3) In a 1996 general management plan, the National Park Service identified approximately 7,121 acres in and around the city of Richmond that satisfy the National Park Service criteria of significance, integrity, feasibility, and suitability for inclusion in the battlefield park. The National Park Service later identified an additional 186 acres for inclusion in the battlefield park. (4) There is a national interest in protecting and preserving sites of historical significance associated with the Civil War and the city of Richmond. (5) The Commonwealth of Virginia and its local units of government have authority to prevent or minimize adverse uses of these historic resources and can play a significant role in the protection of the historic resources related to the campaigns against and in defense of Richmond. (6) The preservation of the New Market Heights Battlefield in the vicinity of the city of Richmond is an important aspect of American history that can be interpreted to the public. The Battle of New Market Heights represents a premier landmark in black military history as 14 black Union soldiers were awarded the Medal of Honor in recognition of their valor during the battle. According to National Park Service historians, the sacrifices of the United States Colored Troops in this battle helped to ensure the passage of the Thirteenth Amendment to the United States Constitution to abolish slavery. (b) Purpose.--It is the purpose of this Act-- (1) to revise the boundaries for the Richmond National Battlefield Park based on the findings of the Civil War Sites Advisory Committee and the National Park Service; and (2) to direct the Secretary of the Interior to work in cooperation with the Commonwealth of Virginia, the city of Richmond, other political subdivisions of the Commonwealth, other public entities, and the private sector in the management, protection, and interpretation of the resources associated with the Civil War and the Civil War battles in and around the city of Richmond, Virginia. SEC. 3. RICHMOND NATIONAL BATTLEFIELD PARK; BOUNDARIES. (a) Establishment and Purpose.--For the purpose of protecting, managing, and interpreting the resources associated with the Civil War battles in and around the city of Richmond, Virginia, there is established the Richmond National Battlefield Park consisting of approximately 7,307 acres of land, as generally depicted on the map entitled ``Richmond National Battlefield Park Boundary Revision'', numbered 367N.E.F.A.80026A, and dated September 2000. The map shall be on file in the appropriate offices of the National Park Service. (b) Boundary Adjustments.--The Secretary may make minor adjustments in the boundaries of the battlefield park consistent with section 7(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l- 9(c)). SEC. 4. LAND ACQUISITION. (a) Acquisition Authority.-- (1) In general.--The Secretary may acquire lands, waters, and interests in lands within the boundaries of the battlefield park from willing landowners by donation, purchase with donated or appropriated funds, or exchange. In acquiring lands and interests in lands under this Act, the Secretary shall acquire the minimum interest necessary to achieve the purposes for which the battlefield is established. (2) Special rule for private lands.--Privately owned lands or interests in lands may be acquired under this Act only with the consent of the owner. (b) Easements.-- (1) Outside boundaries.--The Secretary may acquire an easement on property outside the boundaries of the battlefield park and around the city of Richmond, with the consent of the owner, if the Secretary determines that the easement is necessary to protect core Civil War resources as identified by the Civil War Sites Advisory Committee. Upon acquisition of the easement, the Secretary shall revise the boundaries of the battlefield park to include the property subject to the easement. (2) Inside boundaries.--To the extent practicable, and if preferred by a willing landowner, the Secretary shall use permanent conservation easements to acquire interests in land in lieu of acquiring land in fee simple and thereby removing land from non-Federal ownership. (c) Visitor Center.--The Secretary may acquire the Tredegar Iron Works buildings and associated land in the city of Richmond for use as a visitor center for the battlefield park. SEC. 5. PARK ADMINISTRATION. (a) Applicable Laws.--The Secretary, acting through the Director of the National Park Service, shall administer the battlefield park in accordance with this Act and laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et. seq.) and the Act of August 21, 1935 (16 U.S.C. 461 et. seq.). (b) New Market Heights Battlefield.--The Secretary shall provide for the establishment of a monument or memorial suitable to honor the 14 Medal of Honor recipients from the United States Colored Troops who fought in the Battle of New Market Heights. The Secretary shall include the Battle of New Market Heights and the role of black Union soldiers in the battle in historical interpretations provided to the public at the battlefield park. (c) Cooperative Agreements.--The Secretary may enter into cooperative agreements with the Commonwealth of Virginia, its political subdivisions (including the city of Richmond), private property owners, and other members of the private sector to develop mechanisms to protect and interpret the historical resources within the battlefield park in a manner that would allow for continued private ownership and use where compatible with the purposes for which the battlefield is established. (d) Technical Assistance.--The Secretary may provide technical assistance to the Commonwealth of Virginia, its political subdivisions, nonprofit entities, and private property owners for the development of comprehensive plans, land use guidelines, special studies, and other activities that are consistent with the identification, protection, interpretation, and commemoration of historically significant Civil War resources located inside and outside of the boundaries of the battlefield park. The technical assistance does not authorize the Secretary to own or manage any of the resources outside the battlefield park boundaries. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. SEC. 7. REPEAL OF SUPERSEDED LAW. The Act of March 2, 1936 (Chapter 113; 16 U.S.C. 423j-423l) is repealed. Passed the House of Representatives October 17, 2000. Attest: Clerk.", "summary": "Directs the Secretary to: (1) provide for the establishment of a monument or memorial to honor the 14 Medal of Honor recipients from the United States Colored Troops who fought in the Battle of New Market Heights; and (2) include the role of black Union soldiers in historical interpretations provided at the Park."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe, Efficient, Coordinated, Unified, Revitalized, Enhanced Visa Waiver Act''. SEC. 2. ELECTRONIC SUBMISSION OF BIOGRAPHICAL INFORMATION BY VISA WAIVER PARTICIPANTS. (a) In General.--The Secretary of Homeland Security shall establish, as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), an electronic system through which an alien seeking to enter the United States without a visa under the visa waiver program described in section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is required to submit biographical information prior to embarkation. (b) Elements.--The electronic system required to be established under subsection (a) shall satisfy the following requirements: (1) Electronic determination of eligibility.--The system shall include a method for an electronic determination to be made, and an electronic response to be provided, in 30 minutes or less, as to whether or not an alien submitting information as described in subsection (a) is eligible to be admitted to the United States as a nonimmigrant visitor described in section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)). (2) Carrier obligations.--The system shall include a method for requiring-- (A) carriers and other corporations described in section 217(a)(5) of such Act (8 U.S.C. 1187(a)(5)) to inquire electronically, prior to an alien passenger's embarkation without a visa, whether the alien has been determined, using the system described in this section, to be eligible for such an admission; and (B) the electronic response to such inquiry to be provided in 90 seconds or less. (3) Deployment.--The system shall be deployed as soon as possible after the date of the enactment of this Act. (4) Fee.--The Secretary of Homeland Security shall establish a fee to be charged to aliens described in subsection (a) that is set at a level that will ensure the recovery of the full costs of establishing and operating the system. (c) Consultation.--In developing the system, the Secretary of Homeland Security shall consult with, and allow for the system's review by, a private sector group consisting of individuals with expertise in travel, tourism, privacy, national security, or computer security issues. SEC. 3. CHANGE TO REQUIREMENT FOR READERS AND SCANNERS AT PORTS OF ENTRY. Section 303(b)(2)(A) of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732(b)(2)(A)) is amended to read as follows: ``(A) In general.--Not later than October 26, 2004, the Secretary of Homeland Security, in consultation with the Secretary of State, shall install at all ports of entry into the United States equipment and software to allow biometric comparison and authentication of all United States visas and other travel and entry documents issued to aliens. Not later than October 26, 2005, the Secretary of Homeland Security, in consultation with the Secretary of State, shall install at all ports of entry into the United States equipment and software to allow biometric comparison and authentication of passports issued pursuant to subsection (c)(1).''. SEC. 4. TECHNOLOGY STANDARD IMPLEMENTATION DEADLINE. Section 303(c) of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732(c)) is amended, in each of paragraphs (1) and (2), by striking ``2004,'' and inserting ``2005,''. SEC. 5. LIMITED GOOD FAITH WAIVER. Section 303(c) of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732(c)) is amended by adding at the end the following: ``(3) Limited good faith waiver.-- ``(A) In general.--The Secretary of Homeland Security, in consultation with the Secretary of State, may grant not more than 2 extensions for a country, and its nationals, of the deadlines in paragraphs (1) and (2), respectively, upon a determination that the country is making substantial progress towards ensuring that the passports the country issues to its nationals satisfy the requirements of paragraph (1). Each such extension shall be for a period not exceeding 6 months. ``(B) Factors.--In determining whether a country is making substantial progress under subparagraph (A), the Secretary of Homeland Security shall take into account the following factors, which shall be certified by the Secretary of State: ``(i) Whether the country has made a good faith effort to satisfy the requirements of paragraph (1) not later than October 26, 2005. ``(ii) Whether the country has a program designed to satisfy the requirements of paragraph (1) not later than October 26, 2006. ``(iii) Whether the country has commenced a pilot program under which some number of passports that satisfy the requirements of paragraph (1) will be issued before March 26, 2006. ``(4) Reports.-- ``(A) Initial.--Not later than October 26, 2005, the Secretary of Homeland Security, in consultation with the Secretary of State, shall issue an initial report on the status of countries' progress in meeting the requirements of paragraph (1). ``(B) Final.--Not later than April 25, 2006, the Secretary of Homeland Security, in consultation with the Secretary of State, shall issue a final report on the status of countries' progress in meeting the requirements of paragraph (1).''. SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. Section 303 of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732) is amended by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''.", "summary": "Safe, Efficient, Coordinated, Unified, Revitalized, Enhanced Visa Waiver Act - Directs the Secretary of Homeland Security to establish an electronic system that requires aliens seeking entry to the United States under the visa waiver program (VWP) to submit biographical information prior to embarkation. Requires such system to: (1) make electronic determinations of eligibility for admission within 30 minutes; (2) require carriers and other corporations providing transportation to inquire electronically, prior to embarkation, whether the alien has been determined eligible for admission and to respond to such inquiries within 90 seconds; and (3) be deployed as soon as possible. Requires the Secretary: (1) to charge a fee to VWP aliens that ensures the recovery of the full costs of establishing and operating the system; and (2) in developing the system, to consult with and allow for review by a private sector group consisting of experts in travel, tourism, privacy, national security, or computer security issues. Amends the Enhanced Border Security and Visa Entry Reform Act to extend by one year: (1) the deadline for installing equipment and software at U.S. ports of entry to allow biometric comparison and authentication of machine-readable passports issued by VWP countries; and (2) the deadline for VWP aliens to present such passports. Authorizes the Secretary to grant up to two extensions of the new deadlines where the VWP country is making substantial progress toward issuing machine-readable, tamper-resistant passports that incorporate biometric and document authentication identifiers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pro-Growth Budgeting Act of 2014''. SEC. 2. MACROECONOMIC IMPACT ANALYSES. (a) In General.--Part A of title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``macroeconomic impact analysis of major legislation ``Sec. 407. (a) Congressional Budget Office.--The Congressional Budget Office shall, to the extent practicable, prepare for each major bill or resolution reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each House), as a supplement to estimates prepared under section 402, a macroeconomic impact analysis of the budgetary effects of such bill or resolution for the ten fiscal-year period beginning with the first fiscal year for which an estimate was prepared under section 402 and each of the next three ten fiscal-year periods. The Director shall submit to such committee the macroeconomic impact analysis, together with the basis for the analysis. As a supplement to estimates prepared under section 402, all such information so submitted shall be included in the report accompanying such bill or resolution. ``(b) Economic Impact.--The analysis prepared under subsection (a) shall describe the potential economic impact of the applicable major bill or resolution on major economic variables, including real gross domestic product, business investment, the capital stock, employment, interest rates, and labor supply. The analysis shall also describe the potential fiscal effects of the bill or resolution, including any estimates of revenue increases or decreases resulting from changes in gross domestic product. To the extent practicable, the analysis should use a variety of economic models in order to reflect the full range of possible economic outcomes resulting from the bill or resolution. The analysis (or a technical appendix to the analysis) shall specify the economic and econometric models used, sources of data, relevant data transformations, and shall include such explanation as is necessary to make the models comprehensible to academic and public policy analysts. ``(c) Reporting on Accuracy of Macroeconomic Impact Analyses.--Upon completion of the fifth fiscal year beginning after the date of enactment of any major bill or joint resolution for which the Congressional Budget Office prepared an analysis under subsection (a), the Congressional Budget Office shall report on the accuracy of the original macroeconomic impact analysis of such enacted bill or joint resolution and submit these reports to the Committees on the Budget of the House of Representatives and the Senate. ``(d) Definitions.--As used in this section-- ``(1) the term `macroeconomic impact analysis' means-- ``(A) an estimate of the changes in economic output, employment, interest rates, capital stock, and tax revenues expected to result from enactment of the proposal; ``(B) an estimate of revenue feedback expected to result from enactment of the proposal; and ``(C) a statement identifying the critical assumptions and the source of data underlying that estimate; ``(2) the term `major bill or resolution' means any bill or resolution if the gross budgetary effects of such bill or resolution for any fiscal year in the period for which an estimate is prepared under section 402 is estimated to be greater than .25 percent of the current projected gross domestic product of the United States for any such fiscal year; ``(3) the term `budgetary effect', when applied to a major bill or resolution, means the changes in revenues, outlays, deficits, and debt resulting from that measure; and ``(4) the term `revenue feedback' means changes in revenue resulting from changes in economic growth as the result of the enactment of any major bill or resolution. ``(e) Legislation With Revenue Provisions.--The macroeconomic analysis described in subsection (c) shall rely on macroeconomic analysis prepared by the Joint Committee on Taxation for any provisions of such legislation that are described in section 201(f). For legislation consisting solely of provisions described in section 201(f), the macroeconomic analysis described in subsection (c) shall be prepared by the Joint Committee on Taxation.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 406 the following new item: ``Sec. 407. Macroeconomic impact analysis of major legislation.''. Passed the House of Representatives April 4, 2014. Attest: KAREN L. HAAS, Clerk.", "summary": "Pro-Growth Budgeting Act of 2014 - Amends the Congressional Budget Act of 1974 (CBA) to require the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee (except the congressional appropriations committees), as a supplement to CBO cost estimates, a macroeconomic impact analysis of the budgetary effects of such legislation for the 10-fiscal year period beginning with the first fiscal year for which such estimate was prepared and each of the next three 10-fiscal year periods. Defines "major bill or resolution" as any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25% of the current projected U.S. gross domestic product (GDP) for that fiscal year. Requires the analysis to describe: (1) the potential economic impact of the bill or resolution on major economic variables, including real GDP, business investment, the capital stock, employment, interest rates, and labor supply; and (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP. Requires the analysis (or a technical appendix to it) to specify the economic and econometric models used, sources of data, relevant data transformations, as well as any explanation necessary to make the models comprehensible to academic and public policy analysts. Requires the CBO, five fiscal years after the enactment of any major bill or joint resolution for which it prepared a macroeconomic impact analysis, to report to the congressional budget committees on the accuracy of the original analysis."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Made in America Act of 2016''. SEC. 2. AMERICA STAR LABELS. (a) Establishment.--Not later than 2 years after the date of the enactment of this Act, the Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, to establish labels that a person may use as a voluntary means of indicating to consumers the extent to which products that such person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce are of United States origin. Such labels shall be known as America Star labels. (b) Requirements for Labels.-- (1) In general.--The regulations required by subsection (a) shall establish 4 America Star labels, as follows: (A) A label that may be used for a product that satisfies the standard for an unqualified United States origin claim set forth by the Commission in the Enforcement Policy Statement. (B) A label that may be used for a product for which not less than 90 percent of the total cost of manufacturing the product is attributable to United States costs, as determined under the Enforcement Policy Statement. (C) A label that may be used for a product for which not less than 80 percent of the total cost of manufacturing the product is attributable to United States costs, as determined under the Enforcement Policy Statement. (D) A label that may be used for a product for which not less than 70 percent of the total cost of manufacturing the product is attributable to United States costs, as determined under the Enforcement Policy Statement. (2) Goals.--The America Star labels shall be designed to achieve the following goals: (A) Providing clarity for consumers about the extent to which products are manufactured in the United States. (B) Encouraging manufacturers to manufacture more products in the United States. (C) Highlighting the importance of domestic manufacturing for the economy of the United States. (3) Appearance and content; additional standards and requirements.--The regulations required by subsection (a) shall establish the visual appearance and content of the America Star labels, any standards (in addition to the standards described in paragraph (1)) that a product shall meet in order for a particular America Star label to be used for such product, and requirements for the permissible use of the America Star labels, as the Commission considers appropriate to achieve the goals described in paragraph (2) and to ensure that the labels-- (A) are consistent with public perceptions of the meaning of descriptions of the extent to which a product is of United States origin; and (B) are not used in a way that is unfair or deceptive, including, for a product that does not meet the standards for an America Star label, placing such label on such product, using such label in any marketing materials for such product, or in any other way representing that such product meets the standards of such label. (c) Use of Labels Voluntary.--The Commission may not require a person who makes a qualified or unqualified claim that a product is of United States origin to use an America Star label to make such claim. (d) Rule of Construction.--Nothing in this Act shall be construed to affect the standards of the Commission in effect on the day before the date of the enactment of this Act for a qualified or unqualified claim that a product is of United States origin. (e) Consultation.--In promulgating the regulations required by subsection (a), the Commission shall consult with-- (1) the Commissioner of United States Customs and Border Protection in order to ensure consistency with the country of origin labeling requirements under section 304 of the Tariff Act of 1930 (19 U.S.C. 1304); and (2) the United States Trade Representative in order to ensure consistency with the obligations of the United States under international trade agreements. (f) Enforcement.-- (1) Unfair or deceptive acts or practices.--A violation of a regulation promulgated under this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Commission shall enforce the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. SEC. 3. PREEMPTION OF CERTAIN STATE REQUIREMENTS. (a) Requirements More Stringent Than FTC Standards.--Section 320933 of the Violent Crime Control and Law Enforcement Act of 1994 (15 U.S.C. 45a) and any regulation promulgated by the Commission under such section shall supercede any provision of law of a State or a political subdivision of a State that imposes more stringent requirements relating to the extent to which any person may introduce, deliver for introduction, sell, advertise, or offer for sale in commerce a product with a ``Made in the U.S.A.'' or ``Made in America'' label, or the equivalent thereof, in order to represent that such product is in whole or substantial part of domestic origin. (b) Requirements Limiting Ability To Use America Star Labels.--The regulations promulgated under section 2 shall supercede any provision of law of a State or a political subdivision of a State relating to the extent to which any person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce a product with a ``Made in the U.S.A.'' or ``Made in America'' label, or the equivalent thereof, in order to represent that such product is in whole or substantial part of domestic origin, to the extent that such provision would have the effect of limiting the ability of a person to use an America Star label with respect to a product in accordance with such regulations. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Enforcement policy statement.--The term ``Enforcement Policy Statement'' means the Enforcement Policy Statement on U.S. Origin Claims issued by the Commission in December 1998, or any successor guidance or regulation. (3) State.--The term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe.", "summary": "Made in America Act of 2016 This bill directs the Federal Trade Commission (FTC) to establish labels that persons or businesses may use voluntarily to indicate to consumers the extent to which products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce are of U.S. origin. The FTC must establish four categories of such labels, to be known as America Star labels, which may be used to designate products: (1) that satisfy the standard for an unqualified U.S. origin claim set forth by the FTC in the Enforcement Policy Statement on U.S. Origin Claims; or (2) for which not less than 90%, 80%, or 70% of the total cost of manufacturing is attributable to U.S. costs. The FTC must promulgate regulations for such labels and enforce such regulations under the Federal Trade Commission Act. The bill also preempts certain state law requirements relating to the use of "Made in the U.S.A." or "Made in America" labels. The preemption provisions provide for: (1) the Violent Crime Control and Law Enforcement Act of 1994 to supersede state laws that impose more stringent requirements, and (2) FTC regulations under this bill to supersede state laws."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Superfund Liability Relief Act of 1997''. SEC. 2. SMALL PARTY LIABILITY RELIEF UNDER SUPERFUND. (a) Liability Exemption.--Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)) is amended as follows: (1) In paragraph (4), by striking ``by such person,'' and all that follows through ``shall be liable for--'' and inserting in lieu thereof the following: ``by such person-- from which there is a release, or a threatened release, that causes the incurrence of response costs, of a hazardous substance, shall be liable for--''. (2) By designating the text beginning with ``The amounts recoverable'' and ending with ``this subsection commences.'' as paragraph (5) and aligning the margin of such text with paragraph (4). (3) By adding the following new paragraph after paragraph (5): ``(6)(A) Notwithstanding paragraphs (1) through (4) of this subsection, a person who does not impede the performance of a response action or natural resource restoration at a facility shall not be liable to the extent liability at such facility is based solely on paragraph (3) or (4) of this subsection, and the person arranged for disposal, treatment, or transport for disposal or treatment, or accepted for transport for disposal or treatment of only municipal solid waste or sewage sludge owned or possessed by such person, and the person is-- ``(i) the owner, operator, or lessee of residential property; ``(ii) a small business; or ``(iii) a small non-profit organization. ``(B) This paragraph shall have no effect on the liability of any other person.''. (b) Small Business Defined.--Section 101 of such Act (42 U.S.C. 9601) is amended by adding at the end the following new paragraph: ``(39) Small business.--The term `small business' refers to any business entity that employs no more than 100 individuals and is a `small business concern' as defined under the Small Business Act (15 U.S.C. 631 et seq.).''. SEC. 3. INNOCENT LANDOWNER PROTECTION UNDER SUPERFUND. (a) Environmental Site Assessment.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is further amended by adding at the end the following new subsection: ``(o) Innocent Landowners.-- ``(1) Conduct of environmental assessment.--A person who has acquired real property shall have made all appropriate inquiry within the meaning of subparagraph (B) of section 101(35) if he establishes that, within 180 days prior to the time of acquisition, an environmental site assessment of the real property was conducted which meets the requirements of paragraph (2). ``(2) Definition of environmental site assessment.--For purposes of this subsection, the term `environmental site assessment' means an assessment conducted in accordance with the standards set forth in the American Society for Testing and Materials (ASTM) Standard E1527-94, titled `Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process' or with alternative standards issued by rule by the President or promulgated or developed by others and designated by rule by the President. Before issuing or designating alternative standards, the President shall first conduct a study of commercial and industrial practices concerning environmental site assessments in the transfer of real property in the United States. Any such standards issued or designated by the President shall also be deemed to constitute commercially reasonable and generally accepted standards and practices for purposes of this paragraph. In issuing or designating any such standards, the President shall consider requirements governing each of the following: ``(A) Interviews of owners, operators, and occupants of the property to determine information regarding the potential for contamination. ``(B) Review of historical sources as necessary to determine previous uses and occupancies of the property since the property was first developed. For purposes of this subclause, the term `historical sources' means any of the following, if they are reasonably ascertainable: recorded chain of title documents regarding the real property, including all deeds, easements, leases, restrictions, and covenants, aerial photographs, fire insurance maps, property tax files, USGS 7.5 minutes topographic maps, local street directories, building department records, zoning/land use records, and any other sources that identify past uses and occupancies of the property. ``(C) Determination of the existence of recorded environmental cleanup liens against the real property which have arisen pursuant to Federal, State, or local statutes. ``(D) Review of reasonably ascertainable Federal, State, and local government records of sites or facilities that are likely to cause or contribute to contamination at the real property, including, as appropriate, investigation reports for such sites or facilities; records of activities likely to cause or contribute to contamination at the real property, including landfill and other disposal location records, underground storage tank records, hazardous waste handler and generator records and spill reporting records; and such other reasonably ascertainable Federal, State, and local government environmental records which could reflect incidents or activities which are likely to cause or contribute to contamination at the real property. ``(E) A visual site inspection of the real property and all facilities and improvements on the real property and a visual inspection of immediately adjacent properties, including an investigation of any hazardous substance use, storage, treatment, and disposal practices on the property. ``(F) Any specialized knowledge or experience on the part of the landowner. ``(G) The relationship of the purchase price to the value of the property if uncontaminated. ``(H) Commonly known or reasonably ascertainable information about the property. ``(I) The obviousness of the presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate investigation. A record shall be considered to be `reasonably ascertainable' for purposes of this paragraph if a copy or reasonable facsimile of the record is publicly available by request (within reasonable time and cost constraints) and the record is practically reviewable. ``(3) Appropriate inquiry.--A person shall not be treated as having made all appropriate inquiry under paragraph (1) unless-- ``(A) the person has maintained a compilation of the information reviewed and gathered in the course of the environmental site assessment; ``(B) the person exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop on-going releases, prevent threatened future releases of hazardous substances, and prevent or limit human or natural resource exposure to hazardous substances previously released into the environment; and ``(C) the person provides full cooperation, assistance, and facility access to persons authorized to conduct response actions or natural resource restoration at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action or natural resource restoration at the facility.''. (b) Cross Reference.--Section 101(35)(B) of such Act (42 U.S.C. 9601(35)(B)) is amended by inserting after ``all appropriate inquiry'' the following: ``(as specified in section 107(o))''. SEC. 4. PROSPECTIVE PURCHASER PROTECTION UNDER SUPERFUND. (a) Limitations on Liability.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is further amended by adding at the end the following new subsection: ``(p) Limitations on Liability for Prospective Purchasers.-- Notwithstanding paragraphs (1) through (4) of subsection (a), to the extent the liability of a person, with respect to a release or the threat of a release from a facility, is based solely on subsection (a)(1), the person shall not be liable under this Act if the person-- ``(1) is a bona fide prospective purchaser of the facility; and ``(2) does not impede the performance of any response action or natural resource restoration at a facility.''. (b) Prospective Purchaser and Windfall Lien.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (as amended by subsection (a)) is further amended by adding after subsection (p) the following new subsection: ``(q) Prospective Purchaser and Windfall Lien.-- ``(1) In general.--In any case in which there are unrecovered response costs at a facility for which an owner of the facility is not liable by reason of subsection (p), and the conditions described in paragraph (3) are met, the United States shall have a lien on the facility, or may obtain, from the appropriate responsible party or parties, a lien on other property or other assurances of payment satisfactory to the Administrator, for the unrecovered costs. ``(2) Amount; duration.--The lien-- ``(A) shall be for an amount not to exceed the increase in fair market value of the property attributable to the response action at the time of a subsequent sale or other disposition of the property; ``(B) shall arise at the time costs are first incurred by the United States with respect to a response action at the facility; ``(C) shall be subject to the requirements for notice and validity specified in subsection (l)(3); and ``(D) shall continue until the earlier of satisfaction of the lien or recovery of all response costs incurred at the facility. ``(3) Conditions.--The conditions referred to in paragraph (1) are the following: ``(A) Response action.--A response action for which there are unrecovered costs is carried out at the facility. ``(B) Fair market value.--The response action increases the fair market value of the facility above the fair market value of the facility that existed on the date that is 180 days before the response action was commenced.''. (c) Definition of Bona Fide Prospective Purchaser.--Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is further amended by adding at the end the following: ``(40) Bona fide prospective purchaser.--The term `bona fide prospective purchaser' means a person who acquires ownership of a facility after the date of enactment of this paragraph, or a tenant of such a person, who can establish each of the following by a preponderance of the evidence: ``(A) Disposal prior to acquisition.--All active disposal of hazardous substances at the facility occurred before the person acquired the facility. ``(B) Inquiry.-- ``(i) In general.--The person made all appropriate inquiry into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices. ``(ii) Standards.--The ASTM standards described in section 107(o)(2) or the alternative standards issued or designated by the President pursuant to that section shall satisfy the requirements of this subparagraph. ``(iii) Residential property.--In the case of property in residential or other similar use at the time of purchase by a nongovernmental or noncommercial entity, a site inspection and title search that reveal no basis for further investigation shall satisfy the requirements of this subparagraph. ``(C) Notices.--The person provided all legally required notices with respect to the discovery or release of any hazardous substances at the facility. ``(D) Care.--The person exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to-- ``(i) stop ongoing releases; ``(ii) prevent threatened future releases of hazardous substances; and ``(iii) prevent or limit human or natural resource exposure to hazardous substances previously released into the environment. ``(E) Cooperation, assistance, and access.--The person provides full cooperation, assistance, and facility access to such persons as are authorized to conduct response actions at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility. ``(F) Relationship.--The person is not liable, or is not affiliated with any other person that is potentially liable, for response costs at the facility, through any direct or indirect familial relationship, or any contractual, corporate, or financial relationship other than that created by the instruments by which title to the facility is conveyed or financed.''.", "summary": "Common Sense Superfund Liability Relief Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on arrangement, transportation, or acceptance provisions relating to disposal or treatment of hazardous substances and such activities only involved municipal solid waste or sewage sludge possessed by the person and the person is: (1) the owner, operator, or lessee of residential property; (2) a small business; or (3) a small nonprofit organization. Adds provisions related to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, \"undertaken\") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed 180 days before the action was taken."}
{"article": "TITLE I--HOMELESS VETERANS MATTERS SECTION 101. SHORT TITLE. This Act may be cited as the ``Helping Homeless Heroes Act of 2011''. SEC. 102. ENHANCEMENT OF COMPREHENSIVE SERVICE PROGRAMS. (a) Enhancement of Grants.--Section 2011 of title 38, United States Code, is amended-- (1) in subsection (b)(1)(A), by striking ``expansion, remodeling, or alteration of existing facilities, or acquisition of facilities,'' and inserting ``new construction of facilities, expansion, remodeling, or alteration of existing facilities, or acquisition of facilities''; and (2) in subsection (c)-- (A) in the first sentence, by striking ``A grant'' and inserting ``(1) A grant''; (B) in the second sentence of paragraph (1), as designated by subparagraph (A), by striking ``The amount'' and inserting the following: ``(2) The amount''; and (C) by adding at the end the following new paragraph: ``(3)(A) The Secretary may not deny an application from an entity that seeks a grant under this section to carry out a project described in subsection (b)(1)(A) solely on the basis that the entity proposes to use funding from other private or public sources, if the entity demonstrates that a private nonprofit organization will provide oversight and site control for the project. ``(B) In this paragraph, the term `private nonprofit organization' means the following: ``(i) An incorporated private institution, organization, or foundation-- ``(I) that has received, or has temporary clearance to receive, tax- exempt status under paragraph (2), (3), or (19) of section 501(c) of the Internal Revenue Code of 1986; ``(II) for which no part of the net earnings of the institution, organization, or foundation inures to the benefit of any member, founder, or contributor of the institution, organization, or foundation; and ``(III) that the Secretary determines is financially responsible. ``(ii) A for-profit limited partnership or limited liability company, the sole general partner or manager of which is an organization that is described by subclauses (I) through (III) of clause (i). ``(iii) A corporation wholly owned and controlled by an organization that is described by subclauses (I) through (III) of clause (i).''. (b) Grant and Per Diem Payments.-- (1) Study and development of fiscal controls and payment method.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall-- (A) complete a study of all matters relating to the method used by the Secretary to make per diem payments under section 2012(a) of title 38, United States Code; and (B) develop an improved method for adequately reimbursing recipients of grants under section 2011 of such title for services furnished to homeless veterans. (2) Consideration.--In developing the method required by paragraph (1)(B), the Secretary may consider payments and grants received by recipients of grants described in such paragraph from other departments and agencies of Federal and local governments and from private entities. (3) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on-- (A) the findings of the Secretary with respect to the study required by subparagraph (A) of paragraph (1); (B) the method developed under subparagraph (B) of such paragraph; and (C) any recommendations of the Secretary for revising the method described in subparagraph (A) of such paragraph and any legislative action the Secretary considers necessary to implement such method. (c) Authorization of Appropriations.--Section 2013 of such title is amended by striking ``subchapter'' and all that follows through the period and inserting the following: ``subchapter amounts as follows: ``(1) $150,000,000 for each of fiscal years 2007 through 2009. ``(2) $175,100,000 for fiscal year 2010. ``(3) $217,700,000 for fiscal year 2011. ``(4) $250,000,000 for fiscal year 2012. ``(5) $150,000,000 for fiscal year 2013 and each fiscal year thereafter.''. SEC. 103. MODIFICATION OF GRANT PROGRAM FOR HOMELESS VETERANS WITH SPECIAL NEEDS. (a) Inclusion of Entities Eligible for Comprehensive Service Program Grants and Per Diem Payments for Services to Homeless Veterans.--Subsection (a) of section 2061 of such title is amended-- (1) by striking ``to grant and per diem providers'' and inserting ``to entities eligible for grants and per diem payments under sections 2011 and 2012 of this title''; and (2) by striking ``by those facilities and providers'' and inserting ``by those facilities and entities''. (b) Inclusion of Male Homeless Veterans With Minor Dependents.-- Subsection (b) of such section is amended-- (1) in paragraph (1), by striking ``, including women who have care of minor dependents''; (2) in paragraph (3), by striking ``or''; (3) in paragraph (4), by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following new paragraph: ``(5) individuals who have care of minor dependents.''. (c) Authorization of Provision of Services to Dependents.--Such section is further amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): ``(c) Provision of Services to Dependents.--A recipient of a grant under subsection (a) may use amounts under the grant to provide services directly to a dependent of a homeless veteran with special needs who is under the care of such homeless veteran while such homeless veteran receives services from the grant recipient under this section.''. SEC. 104. MODIFICATION OF AUTHORITY FOR PROVISION OF TREATMENT AND REHABILITATION TO CERTAIN VETERANS TO INCLUDE PROVISION OF TREATMENT AND REHABILITATION TO HOMELESS VETERANS WHO ARE NOT SERIOUSLY MENTALLY ILL. Section 2031(a) of such title is amended in the matter before paragraph (1) by striking ``, including'' and inserting ``and to''. SEC. 105. PLAN TO END VETERAN HOMELESSNESS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a comprehensive plan to end homelessness among veterans. (b) Elements.--The plan required by subsection (a) shall include the following: (1) An analysis of programs of the Department of Veterans Affairs and other departments and agencies of the Federal Government that are designed to prevent homelessness among veterans and assist veterans who are homeless. (2) An evaluation of whether and how coordination between the programs described in paragraph (1) would contribute to ending homelessness among veterans. (3) Recommendations for improving the programs described in paragraph (1), enhancing coordination between such programs, or eliminating programs that are no longer effective. (4) Recommendations for new programs to prevent and end homelessness among veterans, including an estimate of the cost of such programs. (5) A timeline for implementing the plan, including milestones to track the implementation of the plan. (6) Benchmarks to measure the effectiveness of the plan and the efforts of the Secretary to implement the plan. (7) Such other matters as the Secretary considers necessary. (c) Consideration of Veterans Located in Rural Areas.--The analysis, evaluation, and recommendations included in the report required by subsection (a) shall include consideration of the circumstances and requirements that are unique to veterans located in rural areas. SEC. 106. EXTENSION OF CERTAIN AUTHORITIES RELATING TO HOMELESS VETERANS. (a) Health Care for Homeless Veterans.--Section 2031(b) of title 38, United States Code, is amended by striking ``December 31, 2011'' and inserting ``December 31, 2012''. (b) Centers for Provision of Comprehensive Services to Homeless Veterans.--Section 2033(d) of such title is amended by striking ``December 31, 2011'' and inserting ``December 31, 2014''. (c) Property Transfers for Housing Assistance for Homeless Veterans.--Section 2041(c) of such title is amended by striking ``December 31, 2011'' and inserting ``December 31, 2014''. (d) Advisory Committee on Homeless Veterans.--Section 2066(d) of such title is amended by striking ``December 30, 2011'' and inserting ``December 30, 2013''. SEC. 107. REAUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS REINTEGRATION PROGRAM. Section 2021(e)(1) of such title is amended adding at the end the following new subparagraph: ``(G) $50,000,000 for fiscal year 2012.''. SEC. 108. REAUTHORIZATION OF APPROPRIATIONS FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING. (a) In General.--Section 2044(e) of such title is amended-- (1) in paragraph (1), by adding at the end the following new subparagraph: ``(D) $100,000,000 for fiscal year 2012.''; and (2) in paragraph (3), by striking ``2011'' and inserting ``2012''. (b) Technical Amendment.--Paragraph (1) of such subsection is further amended by striking ``carry out subsection (a), (b), and (c)'' and inserting ``carry out subsections (a), (b), and (c)''. SEC. 109. REAUTHORIZATION OF APPROPRIATIONS FOR GRANT PROGRAM FOR HOMELESS VETERANS WITH SPECIAL NEEDS. Section 2061(c)(1) of such title is amended by striking ``2011'' and inserting ``2013''.", "summary": "Helping Homeless Heroes Act of 2011 - Allows grants made by the Secretary of Veterans Affairs (VA) for homeless veterans' comprehensive services programs (outreach, rehabilitation, vocational counseling, and transitional housing assistance) to be used for the construction of new facilities. Prohibits the Secretary from denying applications for such grants solely on the basis that the grant entity proposes to use funding from other private or public sources, as long as such entity demonstrates that a private nonprofit organization will provide project oversight and site control. Revises eligibility: (1) under the grant program for entities serving homeless veterans with special needs, and (2) for treatment and rehabilitation of homeless veterans who are not seriously mentally ill. Includes all individuals caring for minor dependents (current law applies only to women caring for minor dependents) within the definition of \"homeless veterans with special needs.\" Directs the Secretary to submit to Congress a comprehensive plan to end homelessness among veterans. Requires the plan to consider circumstances and requirements unique to veterans located in rural areas. Extends provisions concerning: (1) homeless veterans' health care to December 31, 2012; (2) centers for provision of comprehensive services and property transfers for housing assistance to December 31, 2014; and (3) the Advisory Committee on Homeless Veterans to December 30, 2013."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Geologic Mapping Reauthorization Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) in enacting the National Geologic Mapping Act of 1992 (43 U.S.C. 31a et seq.), Congress found, among other things, that-- (A) during the 2 decades preceding enactment of that Act, the production of geologic maps had been drastically curtailed; (B) geologic maps are the primary data base for virtually all applied and basic earth-science investigations; (C) Federal agencies, State and local governments, private industry, and the general public depend on the information provided by geologic maps to determine the extent of potential environmental damage before embarking on projects that could lead to preventable, costly environmental problems or litigation; (D) the lack of proper geologic maps has led to the poor design of such structures as dams and waste- disposal facilities; (E) geologic maps have proven indispensable in the search for needed fossil fuel and mineral resources; and (F) a comprehensive nationwide program of geologic mapping is required in order to systematically build the Nation's geologic-map data base at a pace that responds to increasing demand; (2) the geologic mapping program called for by that Act has not been fully implemented; and (3) it is time for this important program to be fully implemented. SEC. 3. REAUTHORIZATION AND AMENDMENT. (a) Definitions.--Section 3 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31b) is amended-- (1) by striking ``As used in this Act:'' and inserting ``In this Act:''; (2) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively; (3) by inserting after paragraph (1) the following: ``(2) Association.--The term `Association' means the Association of American State Geologists.''; and (4) in each paragraph that does not have a heading, by inserting a heading, in the same style as the heading in paragraph (2), as added by paragraph (3), the text of which is comprised of the term defined in the paragraph. (b) Geologic Mapping Program.--Section 4 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Establishment.-- ``(1) In general.--There is established a national cooperative geologic mapping program between the United States Geological Survey and the State geological surveys, acting through the Association. ``(2) Design, development, and administration.--The cooperative geologic mapping program shall be-- ``(A) designed and administered to achieve the objectives set forth in subsection (c); ``(B) developed in consultation with the advisory committee; and ``(C) administered through the Survey.''; (2) in subsection (b)-- (A) in the subsection heading by striking ``USGS'' and inserting ``the Survey''; (B) in paragraph (1)-- (i) by single-indenting the paragraphs, double-indenting the subparagraphs, and triple indenting the clauses; (ii) by inserting ``Lead agency.--'' before ``The Survey''; (iii) in subparagraph (A)-- (I) by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''; and (II) by striking ``date of enactment of this Act'' and inserting ``date of enactment of the National Geologic Mapping Reauthorization Act of 1996''; (iv) in subparagraph (B)-- (I) by striking ``State geological surveys'' and inserting ``Association''; and (II) by striking ``date of enactment of this Act'' and inserting ``date of enactment of the National Geologic Mapping Reauthorization Act of 1996''; and (v) in subparagraph (C)-- (I) by striking ``date of enactment of this Act'' and inserting ``date of enactment of the National Geologic Mapping Reauthorization Act of 1996''; (II) by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''; (III) in clauses (i) and (ii) by inserting ``and the Association'' after ``the Survey''; (IV) by adding ``and'' at the end of clause (ii); and (V) by striking ``; and'' at the end of clause (iii) and all that follows through the end of the subparagraph and inserting a period; and (C) in paragraph (2)-- (i) by inserting ``Responsibilities of the secretary.--'' before ``In addition to''; and (ii) in subparagraph (A) by striking ``State geological surveys'' and inserting ``Association''; (3) in subsection (c)-- (A) in paragraph (2) by striking ``interpretive'' and inserting ``interpretative''; and (B) in paragraph (4) by striking ``awareness for'' and inserting ``awareness of''; and (4) in subsection (d)-- (A) in paragraph (1) by inserting ``Federal component.--'' before ``A Federal''; (B) in paragraph (2)-- (i) by inserting ``Support component.--'' before ``A geologic''; and (ii) by striking subparagraph (D) and inserting the following: ``(D) geochronologic and isotopic investigations that-- ``(i) provide radiometric age dates for geologic-map units; and ``(ii) fingerprint the geothermometry, geobarometry, and alteration history of geologic-map units, which investigations shall be contributed to a national geochronologic data base;''; (C) in paragraph (3) by inserting ``State component.--'' before ``A State''; and (D) by striking paragraph (4) and inserting the following: ``(4) Education component.--A geologic mapping education component-- ``(A) the objectives of which shall be-- ``(i) to develop the academic programs that teach earth-science students the fundamental principles of geologic mapping and field analysis; and ``(ii) to provide for broad education in geologic mapping and field analysis through support of field studies; ``(B) investigations under which shall be integrated with the other mapping components of the geologic mapping program and shall respond to priorities identified for those components; and ``(C) Federal funding for which shall be matched by non-Federal sources on a 1-to-1 basis.''. (c) Advisory Committee.--Section 5 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Establishment.-- ``(1) In general.--There shall be established a 10-member geologic mapping advisory committee to advise the Director on planning and implementation of the geologic mapping program. ``(2) Members ex officio.--Federal agency members shall include the Administrator of the Environmental Protection Agency or a designee, the Secretary of Energy or a designee, the Secretary of Agriculture or a designee, and the Assistant to the President for Science and Technology or a designee. ``(3) Appointed members.--Not later than 90 days after the date of enactment of the National Geologic Mapping Reauthorization Act of 1996, in consultation with the Association, the Secretary shall appoint to the advisory committee 2 representatives from the Survey (including the Chief Geologist, as Chairman), 2 representatives from the State geological surveys, 1 representative from academia, and 1 representative from the private sector.''; and (2) in subsection (b)(3) by striking ``and State'' and inserting ``, State, and university''. (d) Geologic Mapping Program Implementation Plan.--Section 6 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31e) is amended-- (1) in paragraph (1) by inserting ``cooperative'' after ``national''; (2) by striking paragraph (3)(C) and inserting the following: ``(C) for the State geologic mapping component, a priority-setting mechanism that responds to-- ``(i) specific intrastate needs for geologic-map information; and ``(ii) interstate needs shared by adjacent entities that have common requirements; and''; (3) by striking paragraphs (4) and (5) and inserting the following: ``(4) a mechanism for adopting scientific and technical mapping standards for preparing and publishing general-purpose and special-purpose geologic maps to-- ``(A) ensure uniformity of cartographic and scientific conventions; and ``(B) provide a basis for judgment as to the comparability and quality of map products; and''; and (4) by redesignating paragraph (6) as paragraph (5). (e) National Geologic-Map Data Base.--Section 7 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31f) is amended by striking subsection (b) and inserting the following: ``(b) Standardization.-- ``(1) In general.--Geologic maps contributed to the national archives shall have format, symbols, and technical attributes that adhere to standards so that archival information can be accessed, exchanged, and compared efficiently and accurately, as required by Executive Order 12906 (59 Fed. Reg. 17,671 (1994)), which established the National Spatial Data Infrastructure. ``(2) Development of standards.--Entities that contribute geologic maps to the national archives shall develop the standards described in paragraph (1) in cooperation with the Federal Geographic Data Committee, which is charged with standards development and other data coordination activities as described in Office of Management and Budget revised Circular A-16.''. (f) Annual Report.--Section 8 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31g) is amended in the first sentence-- (1) by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''; and (2) by striking ``program, and describing and evaluating progress'' and inserting ``program and describing and evaluating the progress''. (g) Authorization of Appropriations.--Section 9 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h) is amended to read as follows: ``SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out the national cooperative geologic mapping program under this Act-- ``(1) $24,000,000 for fiscal year 1997; ``(2) $26,000,000 for fiscal year 1998; ``(3) $28,000,000 for fiscal year 1999; and ``(4) $30,000,000 for fiscal year 2000. ``(b) Allocation of Appropriated Funds.-- ``(1) In general.--Of the amount of funds that are appropriated under subsection (a) for any fiscal year up to the amount that is equal to the amount appropriated to carry out the national cooperative geologic mapping program for fiscal year 1996-- ``(A) not less than 20 percent shall be allocated to State mapping activities; and ``(B) not less than 2 percent shall be allocated to educational mapping activities. ``(2) Increased appropriations.--Of the amount of funds that are appropriated under subsection (a) for any fiscal year up to the amount that exceeds the amount appropriated to carry out the national cooperative geologic mapping program for fiscal year 1996-- ``(A) for fiscal year 1997-- ``(i) 76 percent shall be allocated for Federal mapping and support mapping activities; ``(ii) 22 percent shall be allocated for State mapping activities; and ``(iii) 2 percent shall be allocated for educational mapping activities; ``(B) for fiscal year 1998-- ``(i) 75 percent shall be allocated for Federal mapping and support mapping activities; ``(ii) 23 percent shall be allocated for State mapping activities; and ``(iii) 2 percent shall be allocated for educational mapping activities; ``(C) for fiscal year 1999-- ``(i) 74 percent shall be allocated for Federal mapping and support mapping activities; ``(ii) 24 percent shall be allocated for State mapping activities; and ``(iii) 2 percent shall be allocated for educational mapping activities; and ``(D) for fiscal year 2000-- ``(i) 73 percent shall be allocated for Federal mapping and support mapping activities; ``(ii) 25 percent shall be allocated for State mapping activities; and ``(iii) 2 percent shall be allocated for educational mapping activities.''. Passed the House of Representatives July 30, 1996. Attest: ROBIN H. CARLE, Clerk.", "summary": "National Geologic Mapping Reauthorization Act of 1996 - Amends the National Geologic Mapping Act of 1992 to establish a national cooperative geologic mapping program between the U.S. Geological Survey and State geological surveys. Establishes a geologic mapping advisory committee to advise the Director of the U.S. Geological Survey on planning and implementation of the geological mapping program. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Troop Talent Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Bureau of Labor Statistics, the unemployment rate for recent veterans of military operations in Iraq and Afghanistan was 9.4 percent in February 2013, compared with 7.6 percent in February 2012. (2) With the unemployment rate among such veterans higher than the national average and the number of veterans receiving unemployment benefits doubling since 2002, there is a significant need to assist members of the Armed Forces as they transition to the civilian workforce. (3) In order to remain competitive in the civilian employment market, members of the Armed Forces and veterans require information about how their military skill sets translate to the requirements of the civilian workforce. Members of the Armed Forces currently receive insufficient or inadequate information during their training for military occupational specialties on translating skills obtained during such training to civilian occupations and credentials. (4) In addition, there is a need for enhanced access by accredited credentialing agencies to military training curricula in order to facilitate and enhance the correlation between military training and applicable civilian credentialing courses and exams. (5) The information technology sector is one of the fastest growing industries, with tremendous job growth and demand for talented, qualified individuals. The information technology sector has an unemployment rate of 3.5 percent according to a Bureau of Labor Statistics report from February 2013. (6) The Bureau of Labor Statistics projects a need for 110,000 computer support specialists over the next decade. Currently, the size of the information technology workforce in the Armed Forces is about 160,000 members. SEC. 3. ENHANCEMENT OF MECHANISMS TO CORRELATE SKILLS AND TRAINING FOR MILITARY OCCUPATIONAL SPECIALTIES WITH SKILLS AND TRAINING REQUIRED FOR CIVILIAN CERTIFICATIONS AND LICENSES. (a) Improvement of Information Available to Members of the Armed Forces About Correlation.-- (1) In general.--The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable, make information on civilian credentialing opportunities available to members of the Armed Forces beginning with, and at every stage of, training of members for military occupational specialties, in order to permit members-- (A) to evaluate the extent to which such training correlates with the skills and training required in connection with various civilian certifications and licenses; and (B) to assess the suitability of such training for obtaining or pursuing such civilian certifications and licenses. (2) Coordination with transition goals plans success program.--Information shall be made available under paragraph (1) in a manner consistent with the Transition Goals Plans Success (GPS) program. (3) Types of information.--The information made available under paragraph (1) shall include, but not be limited to, the following: (A) Information on the civilian occupational equivalents of military occupational specialties (MOS). (B) Information on civilian license or certification requirements, including examination requirements. (C) Information on the availability and opportunities for use of educational benefits available to members of the Armed Forces, as appropriate, corresponding training, or continuing education that leads to a certification exam in order to provide a pathway to credentialing opportunities. (4) Use and adaptation of certain programs.--In making information available under paragraph (1), the Secretaries of the military departments may use and adapt appropriate portions of the Credentialing Opportunities On-Line (COOL) programs of the Army and the Navy and the Credentialing and Educational Research Tool (CERT) of the Air Force. (b) Improvement of Access of Accredited Civilian Credentialing Agencies to Military Training Content.-- (1) In general.--The Secretaries of the military departments, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall, to the maximum extent practicable consistent with national security requirements, make available to accredited civilian credentialing agencies that issue certifications or licenses, upon request of such agencies, information such as military course training curricula, syllabi, and materials, levels of military advancement attained, and professional skills developed. (2) Central repository.--The actions taken pursuant to paragraph (1) may include the establishment of a central repository of information on training and training materials provided members in connection with military occupational specialties that is readily accessible by accredited civilian credentialing agencies described in that paragraph in order to meet requests described in that paragraph. SEC. 4. USE OF EDUCATIONAL ASSISTANCE FOR COURSES IN PURSUIT OF CIVILIAN CERTIFICATIONS OR LICENSES. (a) Courses Under Department of Defense Educational Assistance Authorities.-- (1) In general.--Chapter 101 of title 10, United States Code, is amended by inserting after section 2015 the following new section: ``Sec. 2015a. Civilian certifications and licenses: use of educational assistance for courses in pursuit of civilian certifications or licenses ``(a) Limitation on Use of Assistance.--In the case of a member of the armed forces who is enrolled in an educational institution in a State for purposes of obtaining employment in an occupation or profession requiring the approval or licensure of a board or agency of that State, educational assistance specified in subsection (b) may be used by the member for a course offered by the educational institution that is a required element of the curriculum to be satisfied to obtain employment in that occupation or profession only if-- ``(1) the successful completion of the curriculum fully qualifies a student to-- ``(A) take any examination required for entry into the occupation or profession, including satisfying any State or professionally mandated programmatic and specialized accreditation requirements; and ``(B) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the occupation or profession; and ``(2) in the case of State licensing or professionally mandated requirements for entry into the occupation or profession that require specialized accreditation, the curriculum meets the requirement for specialized accreditation through its accreditation or pre-accreditation by an accrediting agency or association recognized by the Secretary of Education or designated by that State as a reliable authority as to the quality or training offered by the institution in that program. ``(b) Covered Educational Assistance.--The educational assistance specified in this subsection is educational assistance as follows: ``(1) Educational assistance for members of the armed forces under section 2007 and 2015 of this title. ``(2) Educational assistance for persons enlisting for active duty under chapter 106A of this title. ``(3) Educational assistance for members of the armed forces held as captives under section 2183 of this title. ``(4) Educational assistance for members of the Selected Reserve under chapter 1606 of this title. ``(5) Educational assistance for reserve component members supporting contingency operations and other operations under chapter 1607 of this title. ``(6) Such other educational assistance provided members of the armed forces under the laws administered by the Secretary of Defense or the Secretaries of the military departments as the Secretary of Defense shall designate for purposes of this section.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2015 the following new item: ``2015a. Civilian certifications and licenses: use of educational assistance for courses in pursuit of civilian certifications or licenses.''. (b) Courses Under Educational Assistance Authorities Administered by Secretary of Veterans Affairs.--Section 3679 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) A course offered by an educational institution in a State that is a required element of the curriculum to be satisfied to obtain employment in an occupation or profession requiring the approval or licensure of a board or agency of that State may be treated as approved for purposes of this chapter by an individual seeking to obtain employment in that occupation or profession only if-- ``(1) the successful completion of the curriculum fully qualifies a student to-- ``(A) take any examination required for entry into the occupation or profession, including satisfying any State or professionally mandated programmatic and specialized accreditation requirements; and ``(B) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the occupation or profession; and ``(2) in the case of State licensing or professionally mandated requirements for entry into the occupation or profession that require specialized accreditation, the curriculum meets the requirement for specialized accreditation through its accreditation or pre-accreditation by an accrediting agency or association recognized by the Secretary of Education or designated by that State as a reliable authority as to the quality or training offered by the institution in that program.''. (c) Effective Date.--The amendments made by this section shall take effect on August 1, 2014, and shall apply with respect to courses pursued on or after that date. SEC. 5. COVERAGE OF MILITARY OCCUPATIONAL SPECIALTIES RELATING TO MILITARY INFORMATION TECHNOLOGY UNDER PILOT PROGRAM ON RECEIPT OF CIVILIAN CREDENTIALS FOR SKILLS REQUIRED FOR MILITARY OCCUPATIONAL SPECIALTIES. The military occupational specialties designated for purposes of the pilot program on receipt of civilian credentials for skills required for military occupational specialties under section 558 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 2015 note) shall include military occupational specialties relating to the military information technology workforce. SEC. 6. REVIVAL OF PROFESSIONAL CERTIFICATION AND LICENSURE ADVISORY COMMITTEE OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall reestablish the Professional Certification and Licensure Advisory Committee of the Department of Veterans Affairs provided for under section 3689(e) of title 38, United States Code. The Committee shall be reestablished in accordance with the provisions of such section 3689(e), as amended by subsection (b), and shall carry out its duties in conformance with, and subject to the requirements of such section, as so amended. (b) Modification of Authorities and Requirements.--Section 3689(e) of title 38, United States Code, is amended-- (1) in paragraph (2)-- (A) by inserting ``(A)'' after ``(2)''; and (B) by adding at the end the following new subparagraph: ``(B) In addition to the duties under subparagraph (A), the Committee shall-- ``(i) develop, in coordination with other appropriate agencies, guidance to be used by the Department or other entities to perform periodic audits of licensure and certification programs to ensure the highest quality education is available to veterans and members of the Armed Forces; and ``(ii) develop, in coordination with the Department of Defense, appropriate certification agencies, and other appropriate non-profit organizations, a plan to improve outreach to veterans and members of the Armed Forces on the importance of licensing and certification, as well as educational benefits available to them.''; (2) in paragraph (3)(B), by striking ``and the Secretary of Defense'' and inserting ``the Secretary of Defense, and the Secretary of Education''; (3) in paragraph (4), by striking subparagraph (B) and inserting the following new subparagraph: ``(B) The Committee shall meet with such frequency as the Committee determines appropriate.''; and (4) in paragraph (5), by striking ``December 31, 2006'' and inserting ``December 31, 2019''. (c) Report.--Not later than 180 days after the date of the reestablishment of the Professional Certification and Licensure Advisory Committee of the Department of Veterans Affairs pursuant to this section, the Committee shall submit to Congress a report setting forth an assessment of the feasibility and advisability of permitting members of the Armed Forces to use educational assistance to which they are entitled under chapters 30 and 33 of title 38, United States Code, to obtain or pursue civilian employment certifications or licenses without the use of such assistance for that purpose being charged against the entitlement of such members to such educational assistance.", "summary": "Troop Talent Act of 2013 - Directs the Secretaries of the military departments, to the maximum extent practicable, to make information on civilian credentialing opportunities available to members of the Armed Forces (members) beginning with, and at every stage of, their training for military occupational specialities, in order to permit such members to: (1) evaluate the extent to which such training correlates with skills and training required for various civilian certifications and licenses, and (2) assess the suitability of such training for obtaining and pursuing such certifications and licenses. Requires the information made available to: (1) be consistent with the Transition Goals Plans Success program, and (2) include information on the civilian occupational equivalents of military occupational specialties. Requires such Secretaries to make available to civilian credentialing agencies specified information on the content of military training provided to members. Allows members or veterans to use educational assistance provided through the Department of Defense (DOD) or the Department of Veterans Affairs (VA) in pursuit of a civilian certification or license only if the successful completion of a curriculum fully qualifies such student to take the appropriate examination and be certified or licensed to meet any other academic conditions required for entry into that occupation or profession. Requires the military occupational specialties designated for a military skills to civilian credentialing pilot program under the National Defense Authorization Act for Fiscal Year 2012 to include those specialties relating to the military information technology workforce. Directs the VA Secretary to reestablish the Professional Certification and Licensure Advisory Committee (under current law, terminated on December 31, 2006). Provides additional Committee duties, including the development of: (1) guidance for audits of licensure and certification programs in order to ensure high-quality education to members and veterans, and (2) a plan to improve outreach to members and veterans on the importance of licensing and certification and the availability of educational benefits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Biofuels Research and Development Enhancement Act'' . SEC. 2. BIOFUELS AND BIOREFINERY INFORMATION CENTER. (a) In General.--The Secretary of Energy (in this Act referred to as the ``Secretary''), in cooperation with the Secretary of Agriculture, shall establish an information center to make available to interested parties information on research, development, and commercial application of technologies related to biofuels and biorefineries, including-- (1) biochemical and thermochemical conversion technologies capable of making fuels from lignocellulosic feedstocks; (2) biotechnology processes capable of making biofuels with an emphasis on development of biorefinery technologies using enzyme-based processing systems; and (3) other advanced processes and technologies that will enable the development of biofuels. (b) Administration.--In administering the biofuels and biorefinery information center, the Secretary shall-- (1) continually update information provided by the center; (2) make information available to interested parties on the process for establishing a biorefinery; and (3) make information and assistance provided by the center available through a toll-free telephone number and website. SEC. 3. BIOFUELS AND ADVANCED BIOFUELS INFRASTRUCTURE. Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) is amended by adding at the end the following new subsection: ``(f) Biofuels and Advanced Biofuels Infrastructure.-- ``(1) In general.--The Secretary shall carry out a program of research, development, and demonstration as it relates existing transportation fuel distribution infrastructure and new alternative distribution infrastructure. The program shall focus on the physical and chemical properties of biofuels and efforts to prevent or mitigate against adverse impacts of those properties in the following areas: ``(A) Corrosion of metal, plastic, rubber, cork, fiberglass, glues, or any other material used in pipes and storage tanks. ``(B) Dissolving of storage tank sediments. ``(C) Clogging of filters. ``(D) Contamination from water or other adulterants or pollutants. ``(E) Poor flow properties related to low temperatures. ``(F) Oxidative and thermal instability in long- term storage and use. ``(G) Increased volatile emissions. ``(H) Microbial contamination. ``(I) Problems associated with electrical conductivity. ``(J) Increased nitrogen oxide emissions.''. SEC. 4. BIODIESEL. Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on any research and development challenges inherent in increasing to 5 percent the proportion of diesel fuel sold in the United States that is biodiesel (as defined in section 757 of the Energy Policy Act of 2005 (42 U.S.C. 16105)). SEC. 5. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM. Section 977(a)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16317(a)(1)) is amended by inserting before the period at the end the following: ``, including the establishment of at least 11 bioresearch centers of varying sizes, as appropriate, that focus on biofuels, of which at least 2 centers shall be located in each of the 4 Petroleum Administration for Defense Districts with no subdistricts and at least 1 center shall be located in each of the subdistricts of the Petroleum Administration for Defense District with subdistricts''. SEC. 6. GRANTS FOR BIOFUEL PRODUCTION RESEARCH AND DEVELOPMENT IN CERTAIN STATES. (a) In General.--The Secretary shall provide grants to eligible entities for research, development, demonstration, and commercial application of biofuel production technologies in States with low rates of ethanol production, including low rates of production of cellulosic biomass ethanol, as determined by the Secretary. (b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- (1)(A) be an institution of higher education (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) located in a State described in subsection (a); or (B) be a consortium including at least 1 such institution of higher education, and industry, State agencies, Indian tribal agencies, or local government agencies located in the State; and (2) have proven experience and capabilities with relevant technologies. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2008 through 2010. SEC. 7. BIOREFINERY ENERGY EFFICIENCY. Section 932 of Energy Policy Act of 2005 (42 U.S.C. 16232), is amended by adding at the end the following new subsection: ``(g) Biorefinery Energy Efficiency.--The Secretary shall establish a program of research, development, demonstration, and commercial application for increasing energy efficiency and reducing energy consumption in the operation of biorefinery facilities.''. SEC. 8. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED GASOLINE WITH HIGHER LEVELS OF ETHANOL. (a) In General.--The Secretary, in cooperation with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation, and after providing notice and an opportunity for public comment, shall conduct a study of the feasibility of increasing consumption in the United States of ethanol- blended gasoline with levels of ethanol that are not less than 10 percent and not more than 40 percent. (b) Study.--The study under subsection (a) shall include-- (1) a review of production and infrastructure constraints on increasing consumption of ethanol; (2) an evaluation of the economic, market, and energy- related impacts of State and regional differences in ethanol blends; (3) an evaluation of the economic, market, and energy- related impacts on gasoline retailers and consumers of separate and distinctly labeled fuel storage facilities and dispensers; (4) an evaluation of the environmental impacts of the ethanol blends described in subsection (a) on evaporative and exhaust emissions from on-road, off-road, and marine vehicle engines; (5) an evaluation of the impacts of the ethanol blends described in subsection (a) on the operation, durability, and performance of on-road, off-road, and marine vehicle engines; and (6) an evaluation of the safety impacts of the ethanol blends described in subsection (a) on consumers that own and operate off-road and marine vehicle engines. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under this section. SEC. 9. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES TO USE E-85 FUEL. (a) In General.--The Secretary shall conduct a study of whether optimizing flexible fueled vehicles to operate using E-85 fuel would increase the fuel efficiency of flexible fueled vehicles, and shall include recommendations for how manufacturers can best optimize such vehicles to increase fuel efficiency. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Science and Technology of the House of Representatives the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study under this section, including any recommendations of the Secretary. SEC. 10. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE OF BIODIESEL. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate a study on the effects of the use of biodiesel on engine durability. (b) Components.--The study under this section shall include-- (1) an assessment of whether the use of biodiesel in conventional diesel engines lessens engine durability; and (2) an assessment of the effects referred to in subsection (a) with respect to biodiesel blends at varying concentrations, including the following percentage concentrations of biodiesel: (A) 5 percent biodiesel. (B) 10 percent biodiesel. (C) 20 percent biodiesel. (D) 30 percent biodiesel. (E) 100 percent biodiesel. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Science and Technology of the House of Representatives the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study under this section, including any recommendations of the Secretary. SEC. 11. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION OF APPROPRIATION. (a) Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) is amended-- (1) in subsection (b)-- (A) at the end of paragraph (2) by striking ``and''; (B) at the end of paragraph (3) by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) $963,000,000 for fiscal year 2010.''; and (2) in subsection (c)-- (A) in paragraph (2), by striking ``$251,000,000'' and inserting ``$377,000,000''; (B) in paragraph (3), by striking ``$274,000,000'' and inserting ``$398,000,000''; and (C) by adding at the end the following new paragraph: ``(4) $419,000,000 for fiscal year 2010, of which $150,000,00 shall be for section 932(d).''.", "summary": "Biofuels Research and Development Enhancement Act - Directs the Secretary of Energy to establish an information center on research, development, and commercial application of technologies related to biofuels and biorefineries, including: (1) biochemical and thermochemical conversion technologies to make fuels from lignocellulosic feedstocks; (2) biotechnology processes that emphasize enzyme-based processing systems; and (3) other advanced processes and technologies that will enable biofuel development. Amends the Energy Policy Act of 2005 to instruct the Secretary to implement a research, development, and demonstration program relating to: (1) existing transportation fuel distribution infrastructure and new alternative distribution infrastructure, focusing on the physical and chemical properties of biofuels and prevention of or mitigation against certain adverse impacts; (2) bioresearch centers located in Petroleum Administration for Defense Districts, with a focus on biofuels; and (3) increased energy efficiency and reduced energy consumption in biorefinery facilities. Directs the Secretary to make grants for research, development, demonstration, and commercial application of biofuel production technologies in states with low rates of ethanol production and of cellulosic biomass ethanol. Requires the Secretary to study and report to Congress on: (1) research and development challenges in increasing to 5% biodiesel fuel sold in the United States; (2) the feasibility of increasing domestic consumption of ethanol-blended gasoline with specified levels of ethanol; (3) whether optimizing flexible fueled vehicles to use E-85 fuel would increase their fuel efficiency; and (4) the effects of biodiesel upon engine durability."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Nurse Recruitment and Retention Act of 2004''. SEC. 2. PILOT PROGRAM TO STUDY INNOVATIVE RECRUITMENT TOOLS TO ADDRESS NURSING SHORTAGES AT DEPARTMENT OF VETERANS AFFAIRS HEALTH-CARE FACILITIES. (a) Pilot.--(1) Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall designate a health-care service region, or a section within such a region, in which health-care facilities of the Department of Veterans Affairs are adversely affected by a shortage of qualified nurses. (2) The Secretary shall conduct a pilot program in the region or section designated under paragraph (1) to determine the effectiveness of the use of innovative human-capital tools and techniques in the recruitment of qualified nurses for positions at Department health-care facilities and for the retention of nurses at such facilities. In carrying out the pilot program, the Secretary shall enter into a contract with a private-sector entity for services under the pilot program for recruitment of qualified nurses. (b) Private-Sector Recruitment Practices.--For purposes of the pilot program under this section, the Secretary shall identify and use recruitment practices that have proven effective for placing qualified individuals in positions that are difficult to fill due to shortages of qualified individuals or other factors. Recruitment practices to be reviewed by the Secretary for use in the pilot program shall include-- (1) employer branding and interactive advertising strategies; (2) Internet technologies and automated staffing systems; and (3) the use of recruitment, advertising, and communication agencies. (c) Streamlined Hiring Process.--In carrying out the pilot program under this section, the Secretary shall, at health-care facilities of the Department in the region or section in which the pilot program is conducted, revise procedures and systems for selecting and hiring qualified nurses to reduce the length of the hiring process. If the Secretary identifies measures to streamline and automate the hiring process that can only be implemented if authorized by law, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives recommendations for such changes in law as may be necessary to enable such measure to be implemented. (d) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the extent to which the pilot program achieved the goal of improving the recruitment and retention of nurses in Department of Veterans Affairs health-care facilities. SEC. 3. ALTERNATE WORK SCHEDULES FOR NURSES. (a) Enhanced Shift Flexibility.--Chapter 74 of title 38, United States Code, is amended by inserting after section 7456 the following new section: ``Sec. 7456a. Alternate work schedules ``(a) Applicability.--This section applies to registered nurses appointed under this chapter. ``(b) 36/40 Work Schedule.--(1) Subject to paragraph (2), if the Secretary determines it to be necessary in order to obtain or retain the services of registered nurses at a Department health-care facility, the Secretary may provide, in the case of registered nurses employed at that facility, that such a nurse who works three regularly scheduled 12-hour tours of duty within a workweek shall be considered for all purposes (except computation of full-time equivalent employees for the purposes of determining compliance with personnel ceilings) to have worked a full 40-hour basic workweek. Such a schedule may be referred to as a `36/40 work schedule'. ``(2)(A) Basic and additional pay for a registered nurse who is considered under paragraph (1) to have worked a full 40-hour basic workweek is subject to subparagraphs (B) and (C). ``(B) The hourly rate of basic pay for such a nurse for service performed as part of a regularly scheduled 36-hour tour of duty within the workweek shall be derived by dividing the nurse's annual rate of basic pay by 1,872. ``(C)(i) Such a nurse who performs a period of service in excess of such nurse's regularly scheduled 36-hour tour of duty within a workweek is entitled to overtime pay under section 7453(e) of this title, or other applicable law, for officially ordered or approved service performed in excess of-- ``(I) eight hours on a day other than a day on which such nurse's regularly scheduled 12-hour tour falls; ``(II) 12 hours for any day included in the regularly scheduled 36-hour tour of duty; and ``(III) 40 hours during an administrative workweek. ``(ii) Except as provided in clause (i), a registered nurse to whom this subsection is applicable is not entitled to additional pay under section 7453 of this title, or other applicable law, for any period included in a regularly scheduled 12-hour tour of duty. ``(3) A nurse who works a 36/40 work schedule described in this subsection who is absent on approved sick leave or annual leave during a regularly scheduled 12-hour tour of duty shall be charged for such leave at a rate of ten hours of leave for nine hours of absence. ``(c) 7/7 Work Schedule--(1) Subject to paragraph (2), if the Secretary determines it to be necessary in order to obtain or retain the services of registered nurses at a Department health-care facility, the Secretary may provide, in the case of registered nurses employed at such facility, that such a nurse who works seven regularly scheduled 10-hour tours of duty, with seven days off duty, within a two-week pay period, shall be considered for all purposes (except computation of full-time equivalent employees for the purposes of determining compliance with personnel ceilings) to have worked a full 80 hours for the pay period. Such a schedule may be referred to as a `7/7 work schedule'. ``(2)(A) Basic and additional pay for a registered nurse who is considered under paragraph (1) to have worked a full 80-hour pay period is subject to subparagraphs (B) and (C). ``(B) The hourly rate of basic pay for such a nurse for service performed as part of a regularly scheduled 70-hour tour of duty within the pay period shall be derived by dividing the nurse's annual rate of basic pay by 1,820. ``(C)(i) Such a nurse who performs a period of service in excess of such nurse's regularly scheduled 70-hour tour of duty within a pay period is entitled to overtime pay under section 7453(e) of this title, or other applicable law, for officially ordered or approved service performed in excess of-- ``(I) eight hours on a day other than a day on which such nurse's regularly scheduled 10-hour tour falls; ``(II) 10 hours for any day included in the regularly scheduled 70-hour tour of duty; and ``(III) 80 hours during a pay period. ``(ii) Except as provided in subparagraph (i), a registered nurse to whom this subsection is applicable is not entitled to additional pay under section 7453 of this title, or other applicable law, for any period included in a regularly scheduled 10-hour tour of duty. ``(3) A nurse who works a 7/7 work schedule described in this subsection who is absent on approved sick leave or annual leave during a regularly scheduled 12-hour tour of duty shall be charged for such leave at a rate of eight hours of leave for seven hours of absence. ``(d) 9-Month Work Schedule.--The Secretary may authorize a registered nurse appointed under section 7405 of this title, with the nurse's written consent, to work full-time for nine months with three months off duty, within a fiscal year, and be paid at 75 percent of the full-time rate for such nurse's grade for each pay period of that fiscal year. A nurse working on such a schedule for any fiscal year shall be considered a \\3/4\\ full-time equivalent employee for that fiscal year in computing full-time equivalent employees for the purposes of determining compliance with personnel ceilings. Service on such a schedule shall be considered to be part-time service for purposes of computing benefits under chapters 83 and 84 of title 5. ``(e) Regulations.--The Secretary shall prescribe regulations for the implementation of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by inserting after the item relating to section 7456 the following new item: ``7456a. Alternate work schedules.''. SEC. 4. TECHNICAL CORRECTION TO LISTING OF CERTAIN HYBRID POSITIONS IN VETERANS HEALTH ADMINISTRATION. Section 7401(3) of title 38, United States Code, is amended-- (1) by striking ``and dental technologists'' and inserting ``technologists, dental hygienists, dental assistants''; and (2) by striking ``technicians, therapeutic radiologic technicians, and social workers'' and inserting ``technologists, therapeutic radiologic technologists, social workers, blind rehabilitation specialists, and blind rehabilitation outpatient specialists''. SEC. 5. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT STATE VETERANS HOMES. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1743 the following new section: ``Sec. 1744. Hiring and retention of nurses: payments to assist States ``(a) Payment Program.--The Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. ``(b) Eligible Recipients.--Payments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that year-- ``(1) receives per diem payments under this subchapter for that fiscal year; and ``(2) has in effect an employee incentive scholarship program or other employee incentive program at a State home designed to promote the hiring and retention of nursing staff and to reduce nursing shortages at that home. ``(c) Use of Funds Received.--A State may use an amount received under this section only to provide funds for a program described in subsection (b)(2). Any program shall meet such criteria as the Secretary may prescribe. In prescribing such criteria, the Secretary shall take into consideration the need for flexibility and innovation. ``(d) Limitations on Amount of Payment.--(1) A payment under this section may not be used to provide more than 50 percent of the costs for a fiscal year of the employee incentive scholarship or other incentive program for which the payment is made. ``(2) The amount of the payment to a State under this section for any fiscal year is, for each State home in that State with a program described in subsection (b)(2), the amount equal to 2 percent of the amount of payments estimated to be made to that State, for that State home, under section 1741 of this title for that fiscal year. ``(e) Applications.--A payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking the payment with respect to that State home. Any such application shall describe the nursing shortage at the State home and the employee incentive scholarship program or other incentive program described in subsection (c) for which the payment is sought. ``(f) Source of Funds.--Payments under this section shall be made from funds available for other payments under this subchapter. ``(g) Disbursement.--Payments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home. ``(h) Use of Certain Receipts.--The Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the State home's incentive program account and credited as a non-Federal funding source. ``(i) Annual Report From Payment Recipients.--Any State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment, including a descriptive analysis of how effective the incentive program has been on nurse staffing in the State home during that fiscal year. The report for any fiscal year shall be provided to the Secretary within 60 days of the close of the fiscal year and shall be subject to audit by the Secretary. Eligibility for a payment under this section for any later fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous year in accordance with this subsection. ``(j) Regulations.--The Secretary shall prescribe regulations to carry out this section. The regulations shall include the establishment of criteria for the award of payments under this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after section 1743 the following new item: ``1744. Hiring and retention of nurses: payments to assist States.''. (b) Implementation.--The Secretary of Veterans Affairs shall implement section 1744 of title 38, United States Code, as added by subsection (a), as expeditiously as possible. The Secretary shall establish such interim procedures as necessary so as to ensure that payments are made to eligible States under that section commencing not later than January 1, 2005, notwithstanding that regulations under subsection (j) of that section may not have become final. SEC. 6. TECHNICAL CLARIFICATION. Section 8111(d)(2) of title 38, United States Code, is amended by inserting before the period at the end of the last sentence the following: ``and shall be available for any purpose authorized by this section''. SEC. 7. UNDER SECRETARY FOR HEALTH. Section 305(a)(2) of title 38, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``shall be a doctor of medicine and''; and (2) in subparagraph (A), by striking ``and in health-care'' and inserting ``or in health-care''. Passed the House of Representatives September 30, 2004. Attest: JEFF TRANDAHL, Clerk.", "summary": "Department of Veterans Affairs Nurse Recruitment and Retention Act of 2004 - Directs the Secretary of Veterans Affairs to designate a health care service region, or section within such a region, in which health care facilities of the Department of Veterans Affairs are adversely affected by a shortage of qualified nurses, and to conduct a pilot program in such region or section on the use of innovative human-capital tools and techniques in the recruitment of qualified nurses for such positions. Requires the Secretary, as part of the pilot program, to: (1) identify and use private-sector nurse recruitment practices that have proven effective; and (2) revise procedures and systems to reduce the length of the hiring process. Requires a report from the Secretary to the congressional veterans' committees on the extent to which the pilot program achieved the goal of improving the recruitment and retention of nurses in Department health-care facilities. Authorizes the Secretary, with respect to appointed nurses, to provide: (1) a three 12-hour day work schedule, with authorized overtime after a 36-hour workweek; (2) a seven day, 10-hour work schedule for each two-week period, with authorized overtime after working 80 hours within such period; and (3) a nine-month work period with three months off, with such nurses paid at 75 percent of the full-time rate. Includes dental hygienists, dental assistants, and blind rehabilitation specialists within those positions which the Secretary is authorized to make appointments. Authorizes the Secretary to make payments to States to assist State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. Limits payment amounts. Requires, from each State home receiving such assistance, an annual report to the Secretary on the use of such funds. Removes the requirement that the Department's Under Secretary for Health be a doctor of medicine."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Arsenic-Treated Wood Prohibition Act''. SEC. 2. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED WOOD; AMENDMENT TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT. (a) In General.--The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended-- (1) by redesignating sections 33 and 34 as sections 34 and 35, respectively; and (2) by inserting after section 32 the following: ``SEC. 33. PROHIBITION AGAINST USE OF ARSENIC-TREATED WOOD TO MANUFACTURE CERTAIN PRODUCTS OR STRUCTURES. ``(a) In General.--Notwithstanding any other provision of law, not later than 90 days after the date of the enactment of this section, the Administrator shall promulgate regulations that prohibit-- ``(1) the use of arsenic-treated wood to manufacture any product or structure that may be used for or by children, including-- ``(A) playground equipment, play houses, or other structures designed for frequent use specifically by children; ``(B) fences; ``(C) walkways; ``(D) decks; ``(E) docks and boat houses; and ``(F) structures or products used in residential landscaping; ``(2) the use of arsenic-treated wood to manufacture mulch, compost, or soil-amendment products; ``(3) the use of arsenic-treated wood to manufacture railroad ties, marine pilings, or utility poles, except that this subsection does not apply to such a product or structure to the extent that the Administrator determines that the use of arsenic-treated wood in the product or structure is safe; and ``(4) such additional uses of arsenic-treated wood to manufacture products or structures as the Administrator determines to be appropriate, whether such products or structures are intended for residential use or commercial use. ``(b) Definitions.--For purposes of this section: ``(1) Arsenic-treated wood.--The term `arsenic-treated wood' means wood that is treated with a pesticide that is a chromated copper arsenical or is treated with any other arsenical pesticide. ``(2) Manufacture.--The term `manufacture', with respect to the use of arsenic-treated wood in products and structures described in subsection (a), includes-- ``(A) the creation of a product designed to be assembled by a consumer; and ``(B) the building of a product on behalf of a consumer in accordance with specifications given by the consumer.''. (b) Risk Assessment.-- (1) In general.--Not later than March 15, 2004, the Administrator, in consultation with the Consumer Products Safety Commission, shall publish in the Federal Register an assessment of the risks posed by the production, cutting, milling, sanding, mulching, and use of CCA-treated wood. (2) Methodology.--In conducting the risk assessment, the Administrator shall follow the methodology recommended by the Scientific Advisory Panels that were organized by the Environmental Protection Agency and that met in October 2001. (3) Definitions.--For purposes of this subsection: (A) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (B) The term ``CCA-treated wood'' means wood that is treated with a pesticide that is a chromated copper arsenical. (c) Conforming Amendment.--The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended by striking the items relating to sections 30 and 31 and inserting the following: ``Sec. 30. Minimum requirements for training of maintenance applicators and service technicians. ``Sec. 31. Environmental Protection Agency minor use program. ``Sec. 32. Department of Agriculture minor use program. ``(a) In general. ``(b)(1) Minor use pesticide data. ``(2) Minor Use Pesticide Data Revolving Fund. ``Sec. 33. Prohibition of certain uses of arsenic-treated lumber. ``(a) In general. ``(b) Definitions. ``(1) Arsenic-treated wood. ``(2) Manufacture. ``Sec. 34. Severability. ``Sec. 35. Authorization for appropriations.''. SEC. 3. DISPOSAL OF ARSENIC-TREATED WOOD; AMENDMENT TO SOLID WASTE DISPOSAL ACT. Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e)) is amended by adding at the end the following: ``(3)(A) Discarded arsenic-treated wood and sawdust from such wood shall be deemed, for purposes of this Act, to be a listed hazardous waste under subsection (b)(1) and shall be disposed of in a lined landfill with a leachate collection system and groundwater monitoring system (or such other system as the Administrator determines is appropriate to capture arsenic and prevent arsenic from contaminating groundwater). ``(B) As used in subparagraph (A): ``(i) The term `arsenic-treated wood' means wood that is treated with a pesticide that is a chromated copper arsenical or is treated with any other arsenical pesticide. ``(ii) The term `pesticide' has the meaning given such term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136).''. SEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND SCHOOL SYSTEMS. (a) Educational Program.--Not later than 180 days after the date of the enactment of this Act, the Administrator, in consultation with the Consumer Product Safety Commission, shall develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in-- (1) testing arsenic levels in arsenic-treated wood and soil surrounding arsenic-treated wood; (2) making decisions relating to the containment and removal of arsenic-treated wood from homes, playgrounds, schools, and other facilities designed primarily for use by children; and (3) providing guidance regarding the decontamination of soils, mulches, and other media under structures made of arsenic-treated wood where children or pets may be exposed to arsenic. (b) Assistance for Schools.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to provide grants and technical assistance to school systems to assist the school systems in-- (A) removing playground and other equipment containing arsenic-treated wood from grounds of the school systems; (B) applying sealant to arsenic-treated wood structures; and (C) conducting any necessary remediation relating to use of arsenic-treated wood. (2) Certain uses of grant.--The Administrator may authorize a grant under paragraph (1) to be used for the purpose of replacing playground equipment and related items that are removed because the equipment or items contain arsenic-treated wood. With respect to any portion of a grant under such paragraph that is authorized to be used for such purpose, the Administrator may require that the applicant involved make non- Federal contributions toward the cost of replacing the equipment or items. (c) Definitions.--In this section: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``arsenic-treated wood'' means wood that is treated with a pesticide that is a chromated copper arsenical or is treated with any other arsenical pesticide. (3) The term ``pesticide'' has the meaning given such term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2004 and each subsequent fiscal year. SEC. 5. CONSUMER PRODUCT SAFETY COMMISSION; REPORT ON MITIGATION MEASURES REGARDING CHILDREN AND ARSENIC-TREATED WOOD. Not later than August 1, 2004, the Consumer Product Safety Commission shall submit to the Congress a report on the status of the efforts of the Commission to identify stains, sealants, or other measures for reducing the exposure of children to arsenic from products or structures that-- (1) are constructed in whole or part with arsenic-treated wood, as defined in section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act, as added by section 2 of this Act; (2) may be used for or by children; and (3) will remain in use after the effective date of the prohibition established in regulations under such section 33.", "summary": "Arsenic-Treated Wood Prohibition Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require the Administrator of the Environmental Protection Agency to promulgate regulations prohibiting the use of arsenic-treated wood (wood treated with a pesticide that is a chromated copper arsenical or another arsenical pesticide) in the manufacture of any product that may be used for or by children or for mulch, compost, a soil amendment, certain other construction and utility uses, and additional uses as determined to be appropriate. Requires the Administrator to conduct an assessment of the risks posed by the production, processing, and use of CCA-treated wood (wood treated with a pesticide that is a chromated copper arsenical). Amends the Solid Waste Disposal Act to: (1) list arsenic-treated wood as a hazardous waste; and (2) require disposal of discarded arsenic-treated wood in a lined landfill with a leachate system and groundwater monitoring system. Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels and making decisions concerning arsenic-treated wood containment, removal, and decontamination; and (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing arsenic-treated wood and remediation activities. Requires the Consumer Product Safety Commission to report to Congress on its efforts to identify measures (including stains and sealants) for reducing children's exposure to arsenic from products or structures constructed with arsenic-treated wood that will remain in use after the prohibition established by this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``SMA Treatment Acceleration Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Spinal muscular atrophy (SMA) is the number one genetic killer of children under the age of 2. (2) SMA is an inherited and often fatal disease that destroys the nerves controlling voluntary muscle movement, which affects crawling, walking, head and neck control, and even swallowing. (3) It is estimated that SMA occurs in nearly 1 of every 6,000 births and is therefore similar in incidence and severity to other well-known genetic diseases such as cystic fibrosis and Duchenne muscular dystrophy, both of which may also benefit from additional focus and progress on SMA. (4) SMA is caused by the mutation of a single gene. This is extremely advantageous for genetic screening and therapeutic development. The gene mutation that causes SMA is carried by one in every 40 people, or approximately 7,500,000 Americans. Each child of 2 carriers of the mutant gene has a 1 in 4 chance of developing SMA. (5) The discovery of the gene responsible for the disease, SMN1, as well as a disease modifying ``back-up'' SMN2 gene has opened the door to new SMA treatments. Modulating genes exist not only for SMA but also for other genetic disorders, including Duchenne Muscular Dystrophy, Parkinson's, and Alzheimer's disease. The modulation of these genes might be expected to impact these disorders. Success with SMN2 induction for SMA will serve as an important proof of principle and impetus for ongoing research in these other conditions. (6) Based on the advanced genetic understanding of SMA, the disease was selected by the National Institutes of Health (NIH) and the National Institute of Neurological Disorders and Stroke (NINDS) as the prototype for the National Institutes of Health's accelerated drug discovery effort, singling out SMA as the disease closest to treatment of more than 600 neurological disorders. (7) In 2003, the National Institute of Neurological Disorders and Stroke (NINDS) established the Spinal Muscular Atrophy Project: A Collaborative Program to Accelerate Therapeutics Development for SMA. The SMA Project's unique collaborative process between private, public, and non-profit partners provides a model translational research program that can be replicated to accelerate the development of safe and effective treatments for a wide variety of disorders. (8) National non-profit organizations dedicated to finding a treatment and cure for SMA continue to provide substantial private funding and are collaborating with private biotechnology companies, large pharmaceutical companies, and clinical investigators to identify new drug compounds and facilitate the rapid translation of promising new therapies to individuals with SMA. The aforementioned investment by national non-profit organizations towards finding a treatment and cure for SMA is approximately equal, on an annual basis, to the resources committed by the Federal Government. (9) A Food and Drug Administration-approved SMA animal model exists that closely mimics the human disease. A number of therapeutics have been identified which are effective in animal models of spinal muscular atrophy. (10) There is an urgent need to provide Federal support enabling investigators to mount national clinical trials to demonstrate that these treatments are safe and effective for SMA patients. (11) The establishment and support of a national clinical trials network and a data coordinating center will promote rigorous patient evaluation using common protocols and allow investigators to study large numbers of patients to provide answers more rapidly than individual sites acting alone. (12) There is a demonstrated need for greater interagency coordination on SMA research and involvement by additional government partners to support the ongoing work of NINDS on the SMA Project as well the work of private SMA voluntary organizations, including most notably the need for active engagement by the National Institute of Child Health and Human Development (NICHD), along with support from the National Center for Research Resources, the Centers for Disease Control and Prevention, the Food and Drug Administration, and the Health Resources and Services Administration (13) Despite such landmark legislation as the Orphan Drug Act and the Best Pharmaceuticals for Children Act, additional incentives for industry to engage early in the drug development process and through to drug approval are warranted for diseases as severe and devastating in infant and children populations as SMA. (14) Educating the public and health care community throughout the country about this devastating disease is of paramount importance and is in every respect in the public interest and to the benefit of all communities. Furthermore, greater awareness of SMA may lead to the identification of pre- symptomatic SMA-afflicted children, which has significant benefits relative to clinical trials and the search for a treatment and cure. SEC. 3. CLINICAL TRIALS NETWORK FOR SPINAL MUSCULAR ATROPHY. (a) Clinical Trials Network.--The Director of NIH, in coordination with the Directors of the National Institute of Neurological Disorders and Stroke and the National Institute of Child Health and Human Development, shall provide for the upgrading and unification of existing SMA clinical trial sites to establish a national clinical trials network for SMA. The Director of NIH shall ensure that such network-- (1) conducts coordinated, multisite, clinical trials of pharmacological approaches to the treatment of SMA; and (2) rapidly and efficiently disseminates scientific findings to the field. (b) Data Coordinating Center.--The Director of NIH, in coordination with the Directors of the National Institute of Neurological Disorders and Stroke and the National Institute of Child Health and Human Development, shall establish a data coordinating center with respect to SMA to-- (1) provide expert assistance in the design, conduct, data analysis, and data management of collaborative clinical and descriptive research projects; (2) provide appropriate and capable leadership and expertise in biostatistics, developmental study design, data management, data analysis, and project management, including staff and site training and quality assurance procedures; (3) provide research support activities in designing data collection modules, operational and procedure manuals, quality control systems, and a communications system for clinical site principal investigators, research coordinators, and other network staff; (4) organize and conduct multi-site monitoring activities; and (5) provide regular reports to the National Institute of Neurological Disorders and Stroke and the National Institute of Child Health and Human Development on enrollment and the allocation of resources. (c) Pre-Clinical Activities.--The Director of NIH, in coordination with the Directors of the National Institute of Neurological Disorders and Stroke and the National Institute of Child Health and Human Development, shall expand and intensify programs of such Institutes with respect to pre-clinical translation research and medicinal chemistry related to SMA. SEC. 4. NATIONAL PATIENT REGISTRY. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall enhance and provide ongoing support to the existing SMA patient registry to provide for expanded research on the epidemiology of SMA. (b) Longitudinal Data.--In carrying out subsection (a), the Secretary shall ensure the collection and analysis of longitudinal data related to individuals of all ages with SMA, including infants, young children, adolescents, and adults of all ages. SEC. 5. NIH COORDINATING COMMITTEE ON SMA. (a) Coordinating Committee.-- (1) In general.--The Secretary shall establish the Spinal Muscular Atrophy Coordinating Committee to coordinate activities across the National Institutes of Health and with other Federal health programs and activities relating to SMA. (2) Composition.--The Coordinating Committee shall consist of not more than 15 members to be appointed by the Secretary, of which-- (A) 2/3 of such members shall represent governmental agencies, including-- (i) the Directors (or their designees) of the National Institute of Neurological Disorders and Stroke, the National Institute of Child Health and Human Development, other national research institutes involved in research with respect to SMA, and the National Center for Research Resources; (ii) representatives of all other Federal departments, agencies, and advisory committees whose programs involve health functions or responsibilities relevant to SMA, including the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Food and Drug Administration, and the Advisory Committee on Heritable Disorders and Genetic Diseases in Newborns and Children; and (iii) representatives of other governmental agencies that serve children with SMA, such as the Department of Education; and (B) 1/3 of such members shall be public members, including a broad cross section of persons affected with SMA, including parents or legal guardians, affected individuals, researchers, and clinicians. (3) Term.--Members of the Coordinating Committee appointed under paragraph (2)(B) shall be appointed for a term of 3 years, and may serve for an unlimited number of terms if reappointed. (4) Chair.-- (A) In general.--With respect to SMA, the Chair of the Coordinating Committee shall serve as the principal advisor to the Secretary, the Assistant Secretary for Health, and the Director of NIH, and shall provide advice to the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and to the heads of other relevant agencies. (B) Appointment.--The Secretary shall appoint the Chair of the Coordinating Committee from among individuals nominated by the Coordinating Committee. The Chair shall be appointed for a term not to exceed 2 years and may be reappointed for not more than 1 additional term. (5) Administrative support; terms of service; other provisions.--The following shall apply with respect to the Coordinating Committee: (A) The Secretary shall provide the Coordinating Committee with necessary and appropriate administrative support. (B) The Coordinating Committee shall meet as determined appropriate by the Secretary, in consultation with the Chair of the Coordinating Committee, but no less than twice each year. (b) Study on Barriers to Drug Development.-- (1) Study.--The Coordinating Committee shall conduct a study to identify current and potential future barriers to the development of drugs for treating SMA and other similar genetic disorders. Such study shall-- (A) identify barriers related to the activities of government, industry, and academic medicine; (B) include substantial input from scientists and organizations with direct involvement in SMA research and drug development; and (C) consider obstacles to drug development at all points along the research continuum from preclinical research to new drug approval. (2) Report to congress.--Not later than 1 year after the date of the enactment of this Act, the Coordinating Committee shall submit to the Congress a report on the results of the study described in paragraph (1) together with such recommendations for legislation or administrative action as the Coordinating Committee determines appropriate. SEC. 6. NIH TRANS-INSTITUTE COLLABORATION ON SMA RESEARCH. (a) In General.--To ensure the success of the SMA Project that was initiated and has been led by National Institute of Neurological Disorders and Stroke, the Director of NIH shall establish a trans- National Institutes of Health cooperative research initiative on SMA. (b) Duties.--The cooperative research initiative established under subsection (a) shall consist of the following activities: (1) The Director of the National Institute of Neurological Disorders and Stroke shall report to the Director of NIH on the ongoing needs of the SMA Project and required next steps to ensure the continued success of the Project. (2) Based on the needs of the SMA Project identified in the report required by paragraph (1), the Director of the National Institute of Child Health and Human Development shall provide direct and ongoing support of SMA research and drug development. (3) The Director of NIH shall identify and promote opportunities for greater collaboration and involvement in SMA research and drug development by other national research institutes. SEC. 7. DRUG DEVELOPMENT PROMOTION. Not later than 6 months after the date of the enactment of this Act, the Secretary, in direct consultation with the Commissioner of Food and Drugs and the Coordinating Committee, shall submit specific recommendations to the Congress to improve and expand on the incentives provided pursuant to the Orphan Drug Act (Public Law 97-414) and related statutes to directly and indirectly promote SMA drug development, such as through the creation of unique incentives for rare pediatric treatments. SEC. 8. EDUCATION AND AWARENESS ON SMA FOR HEALTH CARE PROFESSIONALS. (a) In General.--The Secretary shall establish and implement a program to provide information and education on SMA to health professionals and the general public, including information and education on advances in the diagnosis and treatment of SMA and training and continuing education through programs for scientists, physicians, medical students, and other health professionals who provide care for patients with SMA. (b) Stipends.--The Secretary may award stipends to health professionals who are enrolled in training programs under this section. SEC. 9. DEFINITIONS. In this Act: (1) The term ``Director of NIH'' means the Director of the National Institutes of Health. (2) The term ``Coordinating Committee'' means the Spinal Muscular Atrophy Coordinating Committee. (3) The term ``Secretary'' means the Secretary of Health and Human Services. (4) The term ``SMA'' means spinal muscular atrophy.", "summary": "SMA Treatment Acceleration Act - Requires the Director of the National Institutes of Health (NIH) to upgrade and unify existing spinal muscular atrophy (SMA) clinical trial sites to establish a national clinical trials network for SMA. Requires the Director of NIH to ensure that such network: (1) conducts coordinated, multisite, clinical trials of pharmacological approaches to the treatment of SMA; and (2) rapidly and effectively disseminates scientific findings to the field. Requires the Director of NIH to: (1) establish an SMA data coordinating center; and (2) expand and intensify NIH programs with respect to preclinical translation research and medicinal chemistry related to SMA. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance and provide ongoing support to the existing SMA patient registry to provide for expanded research on the epidemiology of SMA. Directs the Secretary to ensure the collection and analysis of longitudinal data related to individuals of all ages with SMA. Requires the Secretary to establish the Spinal Muscular Atrophy Coordinating Committee to: (1) coordinate activities across NIH and with other federal health programs and activities relating to SMA; and (2) conduct a study to identify barriers to the development of drugs for treating SMA and similar genetic disorders. Requires the Director of NIH to establish a trans-National Institutes of Health cooperative research initiative on SMA to ensure the success of the SMA projects led by the National Institute of Neurological Disorders and Stroke. Requires the Secretary to submit recommendations to Congress to improve and expand on incentives provided under the Orphan Drug Act and related statutes to promote SMA drug development."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Food Assistance Improvement Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) For more than 55 years the United States, backed by the support of the American people, has been committed to providing life-saving food assistance to developing countries and vulnerable populations around the world. (2) As the largest donor of international food assistance, an essential tool in tackling malnutrition, the United States can lead the way in improving food aid quality to better target undernourished women and children. (3) The United States contributes over one-half of all food aid supplies to alleviate hunger and support development and plays an important role in responding to emergency food aid needs and ensuring global food security. (4) Over the past decade, increasing food prices and protracted humanitarian crises around the world have made United States food assistance even more critical and relevant. At the same time, these factors, combined with advancements in nutrition science, as well as severe and ongoing fiscal constraints, have led to an increased demand by policymakers and program implementers for new specially formulated and cost- effective products to meet the nutritional needs of the world's most vulnerable populations. (5) While United States food assistance is effective in providing critical calories and nutrients to millions of people during short-term emergencies, the long-term impacts of these programs have also been increasingly called into question for not meeting the nutritional needs of recipient populations. (6) Reducing maternal and child malnutrition, especially in the critical 1,000 days between pregnancy and age 2, is a key priority of United States global food security and health initiatives, including food aid. (7) Recent reports by the Government Accountability Office and the United States Agency for International Development recommended over 35 changes to United States food aid products and programs to improve the nutritional quality, quality control, and cost effectiveness of United States food assistance. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) even in this time of fiscal austerity, the American people support the United States Government's historic commitment to providing life-saving food assistance to the world's most vulnerable populations; (2) high food prices, coupled with growing constraints on available resources for foreign assistance require the United States Government to focus on creating efficiencies, improving quality controls, and maximizing cost-effectiveness and nutritional impact of United States food assistance programs; (3) improving maternal and child health with supplemental nutrition products is a central objective of international food assistance programs; and (4) the United States has shown considerable leadership in meeting the nutrition needs of pregnant women and small children through the 1,000 Days Partnership to support the Scaling Up Nutrition (SUN) movement. SEC. 4. PROVISION OF AGRICULTURAL COMMODITIES. Section 202(h) of the Food for Peace Act (7 U.S.C. 1722(h)) is amended by striking paragraph (1) and inserting the following: ``(1) In general.--The Administrator shall use funds made available in fiscal year 2012 and subsequent fiscal years to carry out this title to improve the nutritional quality of United States food assistance, particularly for vulnerable groups such as pregnant and lactating mothers, children under the age of five, with a focus on the cost-effective 1,000 days between pregnancy and age 2, when appropriate, and beneficiaries under the President's Emergency Fund for AIDS Relief in Africa (PEPFAR), including by-- ``(A) adopting new specifications or improving existing specifications for micronutrient fortified food aid products, based on the latest developments in food and nutrition science; ``(B) strengthening necessary systems to better assess the types and quality of agricultural commodities and products donated for food assistance; ``(C) adjusting products and formulations, including potential introduction of new fortificants and products, as necessary to cost effectively meet nutrient needs of target populations; ``(D) testing prototypes; ``(E) developing new program guidance to facilitate improved matching of products to purposes having nutritional intent, including an updated commodity reference guide and decision tools; ``(F) developing enhanced guidance, in coordination with the Coordinator of United States Government Activities to Combat HIV/AIDS Globally and PEPFAR, to support the allocation of food commodities and products for nutrition support in HIV programming, using standardized indicators of impact; ``(G) providing improved guidance to implementing partners on how to address nutritional deficiencies that emerge among recipients for whom food assistance is the sole source of diet in emergency programs that extend beyond one year; ``(H) considering options for using United States- produced food fortification packages, including vitamin and mineral mixes, to fortify local foods in recipient countries, as appropriate; and ``(I) evaluating, in appropriate program settings and as necessary, the performance and cost- effectiveness of new or modified specialized food products and program approaches designed to meet the nutritional needs of the most vulnerable groups.''. SEC. 5. FOOD AID CONSULTATIVE GROUP. (a) Membership.--Section 205(b) of the Food for Peace Act (7 U.S.C. 1725(b)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(8) nutrition science experts from academia and nongovernmental organizations.''. (b) Coordination and Oversight.--Section 205 of the Food for Peace Act (7 U.S.C. 1725) is amended-- (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (c) the following: ``(d) Coordination and Oversight.-- ``(1) In general.--The Administrator shall work within the Group to take the actions described in paragraph (2) to increase coordination and oversight of food assistance programs established and implemented under this Act, with a primary focus on improving quality control and cost effectiveness. ``(2) Actions described.--The actions referred to in paragraph (1) are the following: ``(A) Explore and test options for improved packaging and storage of products to improve shelf life, promote recommended usage by intended beneficiaries, and oversee field-testing of products. ``(B) Work closely with the Department of Agriculture, to undertake reforms in commodity acquisition and supply chain management, drawing on best commercial practices for vendor selection, quality assurance standards, overall management of the supply chain, and auditing of food aid commodity suppliers. ``(C) Develop mechanisms and partnerships to facilitate more private sector development and innovation in food aid products, packaging, and delivery in order to improve the cost-effectiveness, nutritional quality, and overall acceptability of the product. ``(D) Provide guidance to implementing partners on whether and how best to use food aid commodities, such as new specialized food products, including guidance on targeting strategies to ensure that the products reach their intended recipients. ``(E) As appropriate, work to strengthen monitoring of commodity quality by identifying and tracking key quality indicators to determine the full extent of quality problems, including emerging concerns. ``(F) Establish processes and system-wide protocols for effective monitoring and evaluation of impact, to inform improved program design and address improving cost-effectiveness.''. SEC. 6. STRATEGY AND REPORT. (a) Strategy.--The Administrator shall ensure that any United States Government strategy relating to global food security includes a description of how food assistance programs carried out under the Food for Peace Act will contribute to, and be integrated with, such strategy. (b) Report.--The Administrator shall ensure that comprehensive information regarding budgets and expenditures, monitoring and evaluation, policy, and coordination of food assistance programs carried out under the Food for Peace Act is included, as appropriate, in relevant reports submitted to Congress pursuant to the Foreign Assistance Act of 1961 and Acts making appropriations for the Department of State, foreign operations, and related programs. SEC. 7. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. SEC. 8. FUNDING. Nothing in this Act or any amendment made by this Act shall be construed to authorize the appropriation of amounts to carry out this Act or any amendment made by this Act.", "summary": "International Food Assistance Improvement Act of 2012 - Amends the Food for Peace Act to direct the Administrator of the U.S. Agency for International Development (USAID) to: (1) improve the nutritional quality of U.S. food assistance, particularly for groups such as pregnant and lactating mothers, children under the age of five, and beneficiaries under the President's Emergency Fund for AIDS Relief in Africa; and (2) work within the Food Aid Consultative Group to increase coordination and oversight of food assistance programs."}
{"article": "ON THE BUDGET FOR FISCAL YEAR 2002 SEC. 201. ADJUSTMENTS TO THE FISCAL YEAR 2002 BUDGET RESOLUTION. The concurrent resolution on the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress, 1st session) is amended as follows: (1) Section 101(2) (relating to total new budget authority) is amended to read as follows: ``Fiscal year 2002: $1,648,921,000,000.''. (2) Section 101(3) (relating to total budget outlays) is amended to read as follows: ``Fiscal year 2002: $1,611,036,000,000.''. (3) Section 101(4) (relating to the surplus) is amended to read as follows: ``Fiscal year 2002: $27,166,000,000.''. (4) Section 101(5) (relating to the public debt) is amended to read as follows: ``Fiscal year 2002: $5,738,007,000,000.''. (5) Section 101(6) (relating to debt held by the public) is amended to read as follows: ``Fiscal year 2002: $3,058,429,000,000.''. (6) Section 102(18) (relating to net interest (900)) is amended to read as follows: ``Fiscal Year 2002: ``(A) New budget authority, $262,639,000,000. ``(B) Outlays, $262,639,000,000.''. (7) Section 102(19) (relating to allowances (920)) is amended to read as follows: ``Fiscal Year 2002: ``(A) New budget authority, $15,948,000,000. ``(B) Outlays, $16,340,000,000.''. SEC. 202. ADDITIONAL REQUIREMENTS RESPECTING THE FISCAL YEAR 2002 BUDGET RESOLUTION. (a) Conforming Changes.--The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each make necessary conforming changes for fiscal years 2003 through 2011 (as appropriate) in total new budget authority, total budget outlays, the surplus or deficit, public debt, debt held by the public, net interest (900), and allowances (920), as set forth in the concurrent resolution on the budget for fiscal year 2002. Such changed levels shall be deemed to be levels set forth in the concurrent resolution on the budget for fiscal year 2002 for all purposes under titles III and IV of the Congressional Budget Act of 1974. (b) Revised Section 302(a) Allocations for Fiscal Year 2002.-- (1) It is the intent of this subsection that the section 302(a) allocations to the Committee on Appropriations of each House for fiscal year 2002 will be increased to $683,201,000,000 in new budget authority and $702,806,000,000 in outlays. (2) Upon the enactment of this Act, the chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each make the appropriate adjustments in the section 302(a) allocations to the Committee on Appropriations of its House, as initially made by the explanatory joint statement of managers accompanying the conference report on the concurrent resolution on the budget for fiscal year 2002, to the extent necessary to carry out revisions and changes made by section 201. (c) Publication in the Congressional Record.--The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each have published in the Congressional Record the changes and revisions made pursuant to subsections (a) and (b). (d) Appropriate Levels.--Section 221(d)(2) of the concurrent resolution on the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress, 1st session) is repealed. TITLE III--TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985 SEC. 301. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985. Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) In section 250(a), strike ``GENERAL AND SPECIAL SEQUESTRATION RULES'' and insert ``General and special sequestration rules'' in the item related to section 256. (2) In subparagraphs (F), (G), (H), (I), (J), and (K) of section 250(c)(4), insert ``subparagraph'' after ``described in'' each place it appears. (3) In section 250(c)(18), insert ``of'' after ``expenses''. (4) In section 251(b)(1)(A), strike ``committees'' the first place it appears and insert ``Committees''. (5) In section 251(b)(1)(C)(i), strike ``fiscal years'' and insert ``fiscal year''. (6) In section 251(b)(1)(D)(ii), strike ``fiscal years'' and insert ``fiscal year''. (7) In section 252(b)(2)(B), insert ``the'' before ``budget year''. (8) In section 251(c)(5), move subparagraph (A) 2 ems to the right. (9) In section 252(c)(1)(C), strike ``paragraph (1)'' and insert ``subsection (b)''. (10) Amend section 254(c)(3)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 to read as follows: ``(A) The amount of the sequestration, if any, calculated under section 252(b).''. (11) In section 254(f)(4), strike ``subsection'' and insert ``section'' and strike ``sequesterable'' and insert ``sequestrable''. (12) In section 255(g)(1)(B), move the item relating to the Railroad supplemental annuity pension fund 2 ems to the right. (13) In section 255(g)(2), insert ``and'' after the semicolon in the item relating to the Rail service assistance. (14) In section 255(h)-- (A) strike ``and'' after the semicolon in the item relating to the Supplemental Security Income Program; (B) insert ``and'' after the semicolon in the item relating to the Special supplemental nutrition program for women, infants, and children; and (C) strike the semicolon at the end and insert a period. (15) In section 256(k)(1), strike ``paragraph (5)'' and insert ``paragraph (6)''. (16) In section 257(b)(2)(A)(i), strike ``differenes'' and insert ``differences''. (17) In section 258(a)(1), strike ``section 254(j)'' both places it appears and insert ``254(i)'', and in section 258(a)(2)(A), strike ``section 254(j)'' and insert ``254(i)''. (18) In section 258B(c), strike ``paragraph'' each place it appears and insert ``section''. (19) In section 258B(d), strike ``paragraph'' and insert ``section''.", "summary": "Interim Budget Control and Enforcement Act of 2001 - Title I: Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to increase discretionary spending limits for FY 2002.Requires the President's FY 2003 budget submission to identify emergency-designated funding which was enacted in response to the events of September 11,2001, and is ongoing and recurring in nature.Title II: Adjustments to the Concurrent Resolution on the Budget for Fiscal Year 2002 - Adjusts figures within the concurrent resolution on the budget for FY 2002 with regard to: (1) total new budget authority; (2) total budget outlays; (3) the surplus; (4) the public debt; (5) net interest; and (6) allowances. Requires the chairmen of the budget committees of each House to: (1) make the necessary conforming changes for FY 2003 through 2011 in each of such areas; and (2) make appropriate adjustments in the allocations to their respective Committees on Appropriations.Title III: Technical Corrections to the Balanced Budget and Emergency Deficit Control Act of 1985 - Makes technical corrections in the Balanced Budget and Emergency Deficit Control Act of 1985."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) in 1971, Congress enacted the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to recognize and settle the aboriginal claims of Alaska Natives to the land Alaska Natives had used for traditional purposes; (2) that Act awarded approximately $1,000,000,000 and 44,000,000 acres of land to Alaska Natives and provided for the establishment of Native Corporations to receive and manage the funds and land; (3) pursuant to that Act, Alaska Natives have been enrolled in 1 of 13 Regional Corporations; (4) most Alaska Natives reside in communities that are eligible under that Act to form a Village or Urban Corporation within the geographical area of a Regional Corporation; (5) Village or Urban Corporations established under that Act received cash and surface rights to the settlement land described in paragraph (2) and the corresponding Regional Corporation received cash and land that includes the subsurface rights to the land of the Village or Urban Corporation; (6) the southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell are not listed under that Act as communities eligible to form Village or Urban Corporations, even though the population of those villages comprises greater than 20 percent of the shareholders of the Regional Corporation for Southeast Alaska and display historic, cultural, and traditional qualities of Alaska Natives; (7) the communities described in paragraph (6) have sought full eligibility for land and benefits under that Act for more than 3 decades; (8) in 1993, Congress directed the Secretary of the Interior to prepare a report examining the reasons why the communities listed in paragraph (6) had been denied eligibility to form Village or Urban Corporations and receive land and benefits pursuant to that Act; (9) the report described in paragraph (8), published in February, 1994, indicates that-- (A) the communities listed in paragraph (6) do not differ significantly from the Southeast Alaska communities that were permitted to form Village or Urban Corporations under that Act; (B) the communities are similar to other communities that are eligible to form Village or Urban Corporations under that Act and receive land and benefits under that Act-- (i) in actual number and percentage of Native Alaskan population; and (ii) with respect to the historic use and occupation of land; (C) each such community was involved in advocating the settlement of the aboriginal claims of the community; and (D) some of the communities appeared on early versions of lists of Native Villages prepared before the date of the enactment of that Act, but were not included as Native Villages under that Act; (10) the omissions described in paragraph (9) are not clearly explained in any provision of that Act or the legislative history of that Act; and (11) on the basis of the findings described in paragraphs (1) through (10), Alaska Natives who were enrolled in the 5 unlisted communities and the heirs of the Alaska Natives have been inadvertently and wrongly denied the cultural and financial benefits of enrollment in Village or Urban Corporations established pursuant to that Act. (b) Purpose.--The purpose of this Act is to redress the omission of the communities described in subsection (a)(6) from eligibility by authorizing the Native people enrolled in the communities-- (1) to form Urban Corporations for the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (2) to receive certain settlement land and other compensation pursuant to that Act. SEC. 3. ESTABLISHMENT OF ADDITIONAL NATIVE CORPORATIONS. Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by adding at the end the following: ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska.-- ``(1) In general.--The Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, may organize as Urban Corporations. ``(2) Effect on entitlement to land.--Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.''. SEC. 4. SHAREHOLDER ELIGIBILITY. Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following: ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.-- ``(1) In general.--The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively. ``(2) Number of shares.--Each Native who is enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell pursuant to paragraph (1) and who was enrolled as a shareholders of the Regional Corporation for Southeast Alaska on or before March 30, 1973, shall receive 100 shares of Settlement Common Stock in the respective Urban Corporation. ``(3) Natives receiving shares through inheritance.--If a Native received shares of stock in the Regional Corporation for Southeast Alaska through inheritance from a decedent Native who originally enrolled to the Native Village of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the decedent Native was not a shareholder in a Village or Urban Corporation, the Native shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective Urban Corporation. ``(4) Effect on entitlement to land.--Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8).''. SEC. 5. DISTRIBUTION RIGHTS. Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606) is amended-- (1) in subsection (j)-- (A) by striking ``(j) During'' and inserting the following: ``(j) Distribution of Corporate Funds and Other Net Income.-- ``(1) In general.--During''; (B) by striking ``Not less'' and inserting the following: ``(2) Minimum allocation.--Not less''; (C) by striking ``In the case'' and inserting the following: ``(3) Thirteenth regional corporation.--In the case''; and (D) by adding at the end the following: ``(4) Native villages of haines, ketchikan, petersburg, tenakee, and wrangell.--Native members of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who become shareholders in an Urban Corporation for such a Native Village shall continue to be eligible to receive distributions under this subsection as at-large shareholders of the Regional Corporation for Southeast Alaska.''; and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--The Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act and the amendments made by that Act shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporation or Village Corporations or other provisions of subsection (i) or (j).''. SEC. 6. COMPENSATION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG, TENAKEE, AND WRANGELL. ``(a) Offer of Compensation.-- ``(1) In general.--On incorporation of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, the Secretary, in consultation and coordination with the Secretary of Commerce, and in consultation with representatives of each such Urban Corporation and the Regional Corporation for Southeast Alaska, shall offer as compensation, pursuant to this Act, 1 township of land (23,040 acres) to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, and other appropriate compensation in accordance with this subsection. ``(2) Local areas of historical, cultural, traditional, and economic importance.-- ``(A) In general.--The Secretary shall offer as compensation under this subsection local areas of historical, cultural, traditional, and economic importance to Alaska Natives from the Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell. ``(B) Selection of land.--In selecting the land to be withdrawn and conveyed pursuant to this section, the Secretary-- ``(i) shall give preference to land with commercial purposes; and ``(ii) may include subsistence and cultural sites, aquaculture sites, hydroelectric sites, tideland, surplus Federal property and eco- tourism sites. ``(C) Contiguous, compact sites.--The land selected pursuant to this section shall be contiguous and reasonably compact tracts if practicable. ``(D) Valid existing rights.--The land selected pursuant to this section shall be subject to all valid existing rights and all other provisions of section 14(g), including any lease, contract, permit, right-of- way, or easement (including a lease issued under section 6(g) of the Act of July 7, 1958 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21; Public Law 85-508)). ``(3) Capital expenses.--The Secretary shall offer as compensation under this subsection $650,000 for capital expenses associated with corporate organization and development, including expenses for-- ``(A) the identification of forest and land parcels for selection and withdrawal; ``(B) making conveyance requests, receiving title, preparing resource inventories, land and resource use, and development planning; ``(C) land and property valuations; ``(D) corporation incorporation and start-up; ``(E) advising and enrolling shareholders; ``(F) issuing stock; and ``(G) seed capital for resource development. ``(4) Additional compensation.-- ``(A) In general.--The Secretary shall offer as compensation under this subsection such additional forms of compensation as the Secretary considers appropriate, including grants and loan guarantees to be used for planning, development and other purposes for which Native Corporations are organized under this Act and any additional financial compensation. ``(B) Allocation.--Any additional compensation offered under this paragraph shall be allocated among the 5 Urban Corporations on a pro rata basis based on the number of shareholders in each Urban Corporation. ``(b) Acceptance or Rejection of Offer.-- ``(1) In general.--Not later than 1 year after the date of the offer of compensation from the Secretary under subsection (a), the each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell shall accept or reject the offer. ``(2) Resolution.--To accept or reject the offer, each such Urban Corporation shall provide to the Secretary a properly executed and certified corporate resolution that states that the offer proposed by the Secretary was voted on, and either approved or rejected, by a majority of the shareholders of the Urban Corporation. ``(3) Rejection of offer.--If the offer is rejected-- ``(A) the Secretary, in consultation with representatives of the Urban Corporation that rejected the offer and the Regional Corporation for Southeast Alaska, shall revise the offer; and ``(B) the Urban Corporation shall have an additional 180 days within which to accept or reject the revised offer. ``(c) Withdrawal and Conveyance of Land and Title.--Not later than 180 days after receipt of a corporate resolution of an Urban Corporation approving an offer of the Secretary under subsection (b)(1), the Secretary shall (as appropriate)-- ``(1) withdraw the land; ``(2) convey to the Urban Corporation title to the surface estate of the land; and ``(3) convey to the Regional Corporation for Southeast Alaska title the subsurface estate for the land. ``(d) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.--The Secretary shall, without consideration of compensation, convey to the Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Corporations pursuant to subsection (c). ``(e) Settlement Trust.-- ``(1) In general.--The Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, respectively. ``(2) Proceeds and income.--The proceeds and income from the principal of a trust established under paragraph (1) shall-- ``(A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and ``(B) then to the support of all other enrollees.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendments made by this Act.", "summary": "Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act - Amends the Alaska Native Claims Settlement Act to permit the Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Urban Corporations and to receive certain settlement lands and other compensation pursuant to this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Homes Act of 2008''. SEC. 2. TEMPORARY DEDUCTION FOR CERTAIN MORTGAGE COUNSELING. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. CERTAIN MORTGAGE COUNSELING. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid or incurred by the taxpayer during the taxable year for qualified mortgage counseling. ``(b) Limitation.--The deduction allowed under subsection (a) shall not exceed $500 for any taxable year. ``(c) Qualified Mortgage Counseling.--For purposes of this section, the term `qualified mortgage counseling' means any mortgage counseling provided by an organization accredited by the Federal Housing Administration to provide such counseling if such counseling is obtained before the issuance of the loan with respect to which such counseling relates. Such term shall not include any counseling if such counseling is provided with respect to a loan which is not secured by the principal residence (within the meaning of section 121) of the taxpayer. ``(d) Termination.--The deduction under this section shall not be allowed with respect to any amount paid or incurred after December 31, 2012.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: ``(21) Certain mortgage counseling.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item: ``Sec. 224. Certain mortgage counseling.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. TEMPORARY DEDUCTION FOR UPSIDE DOWN MORTGAGES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions), as amended by this Act, is amended by redesignating section 225 as section 226 and by inserting after section 224 the following new section: ``SEC. 225. UPSIDE DOWN MORTGAGES. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to 20 percent of the excess (if any) of-- ``(1) the acquisition indebtedness (within the meaning of section 163) as determined at the close of the taxable year with respect to the principal residence (within the meaning of section 121) of the taxpayer, over ``(2) the valuation (as in effect at the close of such taxable year) of such residence as determined for purposes of State and local real property tax assessments. ``(b) Limitation.--The deduction allowed under subsection (a) shall not exceed $5,000 for any taxable year. ``(c) Denial of Benefit for Fraudulently Obtained Mortgages.-- Acquisition indebtedness shall not be taken into account under subsection (a) if material misstatements were made by the taxpayer in obtaining such indebtedness. ``(d) Termination.--The deduction under this section shall not be allowed with respect to any amount paid or incurred after December 31, 2009.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code, as amended by this Act, is amended by inserting before the last sentence the following new paragraph: ``(22) Upside down mortgages.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code, as amended by this Act, is amended by redesignating the item relating to section 225 as an item relating to section 226 and inserting before such item the following new item: ``Sec. 225. Upside down mortgages.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. TEMPORARY CREDIT FOR CERTAIN HOME PURCHASES. (a) Allowance of Credit.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who is a purchaser of a qualified principal residence during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the lesser of-- ``(A) 10 percent of the purchase price of the residence, or ``(B) $7,500 ($9,000 if such residence is in a high cost area (as determined by the Secretary of Housing and Urban Development)). ``(2) Allocation of credit amount.--The amount of the credit allowed under paragraph (1) shall be equally divided among the 2 taxable years beginning with the taxable year in which the purchase of the qualified principal residence is made. ``(b) Limitations.-- ``(1) Date of purchase.--The credit allowed under subsection (a) shall be allowed only with respect to purchases made-- ``(A) after the date of the enactment of this section, and ``(B) before the date that is 12 months after such date. ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount allowable as a credit under subsection (a) (determined without regard to this paragraph) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as-- ``(i) the excess (if any) of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $70,000 ($140,000 in the case of a joint return), bears to ``(ii) $20,000. ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(3) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section and section 23) for the taxable year. ``(4) One-time only.-- ``(A) In general.--If a credit is allowed under this section in the case of any individual (and such individual's spouse, if married) with respect to the purchase of any qualified principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other qualified principal residence by such individual or a spouse of such individual. ``(B) Joint purchase.--In the case of a purchase of a qualified principal residence by 2 or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other qualified principal residence. ``(c) Qualified Principal Residence.--For purposes of this section-- ``(1) In general.--The term `qualified principal residence' means any residence that is purchased to be the principal residence of the purchaser. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(d) Denial of Double Benefit.--No credit shall be allowed under this section for any purchase for which a credit is allowed under section 1400C. ``(e) Recapture in the Case of Certain Dispositions.--In the event that a taxpayer-- ``(1) disposes of the qualified principal residence with respect to which a credit is allowed under subsection (a), or ``(2) fails to occupy such residence as the taxpayer's principal residence, at any time within 24 months after the date on which the taxpayer purchased such residence, then the remaining portion of the credit allowed under subsection (a) shall be disallowed in the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence, and in any subsequent taxable year in which the remaining portion of the credit would, but for this subsection, have been allowed. ``(f) Special Rules.-- ``(1) Joint purchase.-- ``(A) Married individuals filing separately.--In the case of 2 married individuals filing separately, subsection (a) shall be applied to each such individual by substituting `$3,500' for `$7,000' in paragraph (1) thereof. ``(B) Unmarried individuals.--If 2 or more individuals who are not married purchase a qualified principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $7,000. ``(2) Purchase; purchase price.--Rules similar to the rules of paragraphs (2) and (3) of section 1400C(e) (as in effect on the date of the enactment of this section) shall apply for purposes of this section. ``(3) Reporting requirement.--Rules similar to the rules of section 1400C(f) (as so in effect) shall apply for purposes of this section. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) Section 24(b)(3)(B) of the Internal Revenue Code of 1986 is amended by striking ``and 25B'' and inserting ``, 25B, and 25E''. (2) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``25E,'' after ``25D,''. (3) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25E''. (4) Section 25D(c)(2) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (5) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (6) Section 904(i) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (7) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 25E(g).''. (8) Section 1400C(d)(2) of such Code is amended by striking ``and 25D'' and inserting ``25D, and 25E''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for certain home purchases.''. (d) Effective Date.--The amendments made by this section shall apply to purchases in taxable years ending after the date of the enactment of this Act. (e) Application of EGTRRA Sunset.--The amendment made by subsection (b)(1) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provisions of such Act to which such amendment relates. SEC. 5. TEMPORARY ADDITIONAL STANDARD DEDUCTION FOR REAL PROPERTY TAXES FOR NONITEMIZERS. (a) In General.--Section 63(c)(1) of the Internal Revenue Code of 1986 (defining standard deduction) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) in the case of any taxable year beginning in 2008 or 2009, the real property tax deduction.''. (b) Definition.--Section 63(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Real property tax deduction.-- ``(A) In general.--For purposes of paragraph (1), the real property tax deduction is so much of the amount of the eligible State and local real property taxes paid or accrued by the taxpayer during the taxable year which do not exceed $500 ($1,000 in the case of a joint return). ``(B) Eligible state and local real property taxes.--For purposes of subparagraph (A), the term `eligible State and local real property taxes' means State and local real property taxes (within the meaning of section 164), but only if the rate of tax for all residential real property taxes in the jurisdiction has not been increased at any time after April 2, 2008, and before January 1, 2009.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 6. TEMPORARY EXCLUSION OF UNEMPLOYMENT COMPENSATION FROM GROSS INCOME. (a) In General.--Section 85 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Temporary Exclusion.--Notwithstanding subsection (a), in the case of unemployment compensation received by an individual during 2008 or 2009, gross income shall not include such compensation.''. (b) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 2007.", "summary": "Keep Our Homes Act of 2008 - Amends the Internal Revenue Code to allow: (1) a tax deduction through 2012 for mortgage counseling costs; (2) a tax deduction through 2009 for amounts, up to $5,000, of mortgage indebtedness in excess of the assessed value of a principal residence; (3) a one-time tax credit for a percentage of the purchase price of a principal residence; (4) nonitemizing taxpayers a tax deduction in 2008 or 2009 for real property taxes; and (5) an exclusion from gross income for unemployment compensation received in 2008 or 2009."}
{"article": "SECTION. 1. SHORT TITLE. This Act may be cited as the ``North Korea Nonproliferation Act of 2000''. SEC. 2. REPORTS ON PROLIFERATION BY NORTH KOREA. (a) Reports on Compliance by North Korea With Missile Commitments.--The President shall, at the times specified in subsection (c), submit a report-- (1) stating whether there is credible information that North Korea, on or after the date of the enactment of this Act, took an action inconsistent with its obligations under-- (A) the agreement between North Korea and the United States of September 12, 1999, to suspend launches of long-range missiles; or (B) any other international agreement in which North Korea agreed to limit its testing, deployment, or transfer to other countries of missiles or missile technology; and (2) if there is such credible information, describing the nature of that information and of the action or actions taken by North Korea. (b) Reports on Proliferation by North Korea.--The President shall, at the times specified in subsection (c), submit a report describing each instance in which there is credible information indicating that North Korea, on or after the date of the enactment of this Act, transferred to a destination outside of North Korea-- (1) goods, services, or technology listed on-- (A) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev.3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/ 254/Rev.3/Part 2, and subsequent revisions); (B) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; (C) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (D) the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or (E) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions of July 12, 1996, and subsequent revisions; or (2) goods, services, or technology not included on any list identified in paragraph (1) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to that destination because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems. (c) Timing of Reports.--The reports under subsections (a) and (b) shall be submitted not later than 90 days after the date of the enactment of this Act, not later than 6 months after such date of enactment, and not later than the end of each 6-month period thereafter. (d) Submission in Classified Form.--When the President considers it appropriate, reports under subsections (a) and (b), or appropriate parts thereof, may be submitted in classified form. SEC. 3. AUTHORITY TO REINSTATE RESTRICTIONS ON COMMERCE WITH NORTH KOREA. (a) Authority.--Subject to sections 4, 5, and 6, any time that a report submitted under section 2(b) indicates that there is credible information that, on or after the date of the enactment of this Act, North Korea transferred to a destination outside of North Korea goods, services, or technology described in section 2(b)(1) or 2(b)(2), the President is authorized to reinstate any or all of the restrictions on commerce with North Korea described in subsection (b), to the degree such restrictions are not already in effect, for such period of time as the President may determine. (b) Restrictions To Be Reinstated.--The restrictions on commerce referred to in subsection (a) are all restrictions on trade and other transactions with North Korea that were in effect on the day before September 12, 1999, under the Trading With the Enemy Act, the Defense Production Act of 1950, and the Export Administration Regulations of the Department of Commerce, other than those restrictions on imports into the United States. (c) Effective Date.--Restrictions on commerce reinstated under subsection (a) shall be effective on such date as the President may determine. (d) Publication in Federal Register.--The President shall publish in the Federal Register notice of restrictions on commerce reinstated under subsection (a). SEC. 4. PROCEDURES IF RESTRICTIONS ON COMMERCE ARE NOT REINSTATED. (a) Requirement To Notify Congress.--Should the President not exercise the authority of section 3(a) to reinstate all of the restrictions not already in effect on commerce with North Korea described in section 3(b) following the submission of a report under section 2(b) indicating that there is credible information that, on or after the date of the enactment of this Act, North Korea transferred to a destination outside of North Korea goods, services, or technology described in section 2(b)(1) or 2(b)(2), the President shall so notify the relevant committees of Congress within 30 days after submitting the report under section 2(b). (b) Written Justification.--Any notification submitted by the President under subsection (a) shall include a written justification describing in detail the facts and circumstances relating specifically to the transfer or transfers described in the corresponding report submitted under section 2(b) that support the President's decision not to exercise the authority of section 3(a) to reinstate the restrictions on commerce with North Korea described in section 3(b). (c) Submission in Classified Form.--When the President considers it appropriate, the notification of the President under subsection (a), and the written justification under subsection (b), or appropriate parts thereof, may be submitted in classified form. (d) Exception.--This section shall not apply in any case governed by section 5. SEC. 5. REQUIREMENT IN CERTAIN CASES TO REINSTATE RESTRICTIONS ON COMMERCE WITH NORTH KOREA. (a) Requirement To Reinstate Restrictions.--Notwithstanding section 3, and subject to section 6, the President shall reinstate all of the restrictions on commerce with North Korea described in section 3(b), to the degree such restrictions are not already in effect, following the submission of a report by the President-- (1) under section 2(a) indicating there is credible information that North Korea, on or after the date of the enactment of this Act, took an action inconsistent with its obligations under-- (A) the agreement between North Korea and the United States of September 12, 1999, to suspend launches of long-range missiles; or (B) any other international agreement in which North Korea agreed to limit its testing, deployment, or transfer to other countries of missiles or missile technology; or (2) under section 2(b) indicating that there is credible information that, on or after the date of the enactment of this Act, North Korea transferred goods, services, or technology described in section 2(b)(1) or 2(b)(2) to any country described in subsection (b). (b) Countries Referred to in Subsection (a)(2).--A country referred to subsection (a)(2) is any country the government of which-- (1) has been determined by the Secretary of State pursuant to section 6(j) of the Export Administration Act of 1979, section 620A(a) of the Foreign Assistance Act of 1961, or section 40(d) of the Arms Export Control Act, to have repeatedly provided support for acts of international terrorism; or (2) has tested any long-range missile incorporating goods or technology knowingly transferred to such government by North Korea. (c) Effective Date.--Restrictions on commerce with North Korea reinstated under subsection (a) following submission of a report under section 2(a) or 2(b) shall take effect not later than 10 days after the President submits the report. (d) Duration of Reinstated Restrictions.--Restrictions on commerce with North Korea reinstated under subsection (a) shall remain in effect for a period of not less than 2 years beginning on the effective date of the restrictions, unless the requirements of this section are waived pursuant to section 7. (e) Publication in Federal Register.--The President shall publish in the Federal Register notice of restrictions on commerce reinstated under subsection (a). (f) Construction.--Subsection (a) shall not be construed to require any action by the President if all the restrictions on commerce with North Korea described in section 3(b) are already in effect on the date that is 10 days after the submission of a report described in subsection (a), except that all such restrictions shall remain in effect for a period of not less than 2 years beginning on such date, unless the requirements of this section are waived pursuant to section 7. SEC. 6. EXCEPTION FOR CASES IN WHICH NORTH KOREA DID NOT KNOWINGLY ACT. (a) In General.--Sections 3, 4, and 5 shall not apply with respect to any action by North Korea described in a report submitted under section 2(a) or 2(b) if the President reports to the relevant committees of Congress that the President has determined that there is substantial doubt that North Korea knowingly took that action. (b) Submission in Classified Form.--When the President considers it appropriate, the determination and report of the President under subsection (a), or appropriate parts thereof, may be submitted in classified form. SEC. 7. NATIONAL INTEREST WAIVER. (a) Authority To Waive.--The President may waive the requirement of section 5 to reinstate or maintain in effect restrictions on commerce with North Korea if, in accordance with subsection (b), the President reports to the relevant committees of Congress that the President has determined that such waiver is important to the national security interests of the United States. (b) Consultation With Congress.--The authority of subsection (a) may be only be exercised if-- (1) at any time after the effective date prescribed by section 5(b), the President informs the relevant committees of Congress in writing of the President's intention to exercise that authority; (2) the President provides the relevant committees of Congress a written justification for the proposed exercise of that authority; and (3) Before exercising that authority, the President consults with the relevant committees of Congress regarding the proposed exercise of that authority for a period of 30 days beginning on the date that the President informs the relevant committees of Congress under paragraph (1) of the President's intention to exercise the authority. SEC. 8. AUTHORITIES OF THE PRESIDENT IF NORTH KOREA ENTERS A BINDING INTERNATIONAL AGREEMENT REGARDING MISSILE PROLIFERATION. (a) Statement of Policy.--The Congress encourages the President to seek to negotiate a binding international agreement with North Korea that satisfies United States concerns regarding the transfer by North Korea to other countries of missiles and missile technology. (b) Authorities of the President.--If the President determines and reports to the relevant committees of Congress that North Korea has entered into a binding international agreement that satisfies United States concerns regarding the transfer by North Korea to other countries of missiles and missile technology, the President is authorized to-- (1) use funds made available by appropriation Act enacted after the date of the enactment of this Act for the ``Nonproliferation, Anti-terrorism, Demining and Related Programs'' account to support the commercial launch in the United States or other countries of satellites for North Korea (other than a launch by North Korea or by an entity that has made a transfer that is reportable under section 2(a) of the Iran Nonproliferation Act of 2000 (Public Law 106-178), and has not been subject to a determination pursuant to section 5 of such Act); and (2) waive sanctions that, as of the date of the enactment of this Act, are in effect on North Korea (including any entities in North Korea) pursuant to section 73 of the Arms Export Control Act and section 11B(b) of the Export Administration Act of 1979. (c) Construction.--The authority of subsection (b)(2) is in addition to authorities available to the President under other provisions of law. SEC. 9. RELATIONSHIP TO STATE LAW. No provision of this Act is intended to preempt the law of any State or local government relating to North Korea, to the extent that such law is more restrictive than Federal law regarding commerce with North Korea. SEC. 10. DEFINITIONS. In this Act: (1) Long-range missile.--The term ``long-range missile'' means any missile with a range of 1,000 kilometers or more. (2) North korea.--The term ``North Korea'' means the Democratic People's Republic of North Korea. (3) Relevant committees of congress.--The term ``relevant committees of Congress'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.", "summary": "Authorizes the President to reinstate any or all of specified restrictions on commerce with North Korea any time a proliferation report indicates credible information that North Korea transferred nuclear goods, services, or technology to an outside destination. Requires a detailed justification to Congress in any such instance where the President decides not to reinstate restrictions. Requires a minimum two-year reinstatement (unless waived for national security reasons) of such restrictions if there is credible information that North Korea took an action inconsistent with: (1) compliance with the September 12, 1999, commitment to suspend launches of long-range missiles, or with any international agreement limiting testing, deployment, or transfer to other countries of missiles or missile technology; or (2) transferred any of specified nuclear goods, services, or technology to any country whose government has repeatedly supported acts of international terrorism, or has tested any long-range missile incorporating goods or technology knowingly transferred to such government by North Korea. Declares that reinstatement requirements shall not apply if the President reports to the relevant congressional committees that there is substantial doubt that North Korea knowingly took such an action. Encourages the President to seek to negotiate a binding international agreement with North Korea that satisfies U.S. concerns regarding the transfer by North Korea to other countries of missiles and missile technology. Authorizes the President, if North Korea enters into such an agreement, to: (1) waive specified sanctions under the Arms Export Control Act and the Export Administration Act of 1979; and (2) use certain funds to support the commercial launch in the United States or other countries of satellites for North Korea (other than a launch by North Korea or by certain other entities)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Infectious Diseases Control Act of 2001''. SEC. 2. DEFINITIONS. In this Act: (1) AIDS.--The term ``AIDS'' means the acquired immune deficiency syndrome. (2) Executive agency.--The term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code. (3) Global fund.--The term ``global fund'' means the global fund to fight HIV/AIDS, malaria, and tuberculosis established consistent with section 4. (4) HIV.--The term ``HIV'' means the human immunodeficiency virus, the pathogen that causes AIDS. (5) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to an individual, an individual who is infected with HIV or living with AIDS. (6) Secretary general.--The term ``Secretary General'' means the Secretary General of the United Nations. (7) World bank.--The term ``World Bank'' means the International Bank for Reconstruction and Development. SEC. ____03. FINDINGS. Congress makes the following findings: (1) HIV/AIDS, tuberculosis, and malaria disproportionately affect the world's poorest countries and together will cost the lives of 6,000,000 people this year alone. (2) According to the Joint United Nations Programme on HIV/ AIDS (UNAIDS), more than 58,000,000 people worldwide have already been infected with HIV/AIDS, a fatal disease that is devastating the health, economies, and social structures in dozens of countries in Africa, and increasingly in Asia, the Caribbean, and Eastern Europe. (3) AIDS has wiped out decades of progress in improving the lives of families in the developing world. As the leading cause of death in Africa, AIDS has killed 17,000,000 and will claim the lives of one quarter of the population, mostly productive adults, in the next decade. In addition, 13,000,000 children have been orphaned by AIDS--a number that will rise to 40,000,000 by 2010. (4) The World Health Organization (WHO) estimates that 8,000,000 people each year become sick with tuberculosis, one of the most dangerous contagious diseases, easily transmitted through the air from those infected. Globally, tuberculosis kills at least 2,000,000 each year, is the leading killer of women between 15 and 44 years old, and is the most common cause of death in Africa in those with HIV/AIDS. (5) More than 40 percent of tuberculosis cases in the United States result from importation of tuberculosis from foreign-borne persons. Multidrug-resistant tuberculosis spreads because of inadequate control programs and inappropriate use of anti-tuberculosis drugs--mostly in the developing world. Without a concerted international effort to increase the implementation of WHO-approved control strategies, the United States risks importation of this particularly dangerous form of tuberculosis. (6) Malaria is a third disease that saps the social and economic strength tropical developing countries. Malaria affects more than 500,000,000 people each year and undermines not only the health and productivity of the world's poorest countries; malaria kills at least 1,000,000 each year, about 3,000 each day. In Africa, malaria kills a child every 40 seconds. (7) Beyond the human toll, the economic impact of AIDS, malaria, and tuberculosis on regional economies is severe. According to UNAIDS, HIV/AIDS alone will reduce gross domestic product (GDP) of South Africa by 17 percent, or $22,000,000,000 over the next 10 years, and WHO estimates that sub-Saharan Africa's GDP would be 32 percent, or $100,000,000,000 higher now if malaria had been conquered 35 years ago. The current short term economic loss and direct cost of malaria is estimated to be up to $12,000,000,000 each year. (8) The UNAIDS program estimates it will cost $3,000,000,000 for basic AIDS prevention and care services in sub-Saharan Africa alone, and at least $2,000,000,000 more if anti-retroviral drugs are provided widely. But in Africa, only $500,000,000 is currently available from all donors, lending agencies, and African governments themselves. (9) For tuberculosis control, WHO estimates that a total of $1,000,000,000 per year will be necessary to effectively fight the tuberculosis epidemic, which will be spent to identify at least 70 percent of the cases and curing 85 percent of them. WHO indicates that an increase of $400,000,000 per year could make this goal a reality. (10) The Secretary General of the United Nations, Kofi Annan, has called for a global fund to halt and reverse the spread of HIV/AIDS, malaria, and tuberculosis. The Secretary General proposed a multibillion dollar ``war chest'' financed jointly by donor governments and private contributors and, equally important, called on leaders from developing nations to give a much higher priority in their budgets to development of comprehensive health systems. (11) The Secretary General has outlined the following five objectives for the fight against AIDS: (A) To ensure that people everywhere know what to do to prevent infection. (B) To prevent the transmission from mother to child. (C) To provide care and treatment to those infected. (D) To provide care to those affected by AIDS, especially orphans. (E) To deliver scientific breakthroughs, especially vaccines. (12) Prevention of new infections is key, although treatment and care for those infected by HIV/AIDS is an increasingly critical component of the global response. Improving health systems, providing home-based care, treating AIDS-associated diseases like tuberculosis, providing for family support and orphan care, and making anti-retroviral drugs against HIV available will reduce social and economic damage to families and communities. (13) Responding to the call from the Secretary General, the African heads of state meeting at the African Summit on HIV/ AIDS, tuberculosis, and other infectious diseases in Abuja, Nigeria, April 25-27, committed to increasing to at least 15 percent the proportion of their budgets allocated to the health sector. (14) Expanded United States financial support for new broad based international partnerships to control HIV/AIDS, malaria, and tuberculosis can help leverage substantial increases in global commitments to narrow the gap between need and currently available resources. (15) The World Bank and WHO have demonstrated that investment in global public health activities to reduce HIV/ AIDS, malaria, and tuberculosis not only is a humanitarian imperative, it also helps bolster the economic and social development necessary to build political and trade alliances. Further, containment of international disease threats has beneficial ramifications for Americans who are increasingly susceptible to global infectious disease threats. SEC. 4. PURPOSES. The purposes of this Act are to provide for United States participation in a global effort to-- (1) mitigate the effects, and control the spread, of HIV/ AIDS, malaria, and tuberculosis by supporting programs for the prevention of new infections and for the care and treatment of individuals infected with those diseases in countries seriously affected, especially programs that provide care for children orphaned by the HIV/AIDS epidemic; and (2) provide the resources and leadership to control AIDS, malaria, and tuberculosis through support of programs that emphasize-- (A) a science-based integrated approach that includes prevention of new infections and the treatment and care of infected individuals; (B) public-private partnerships; and (C) good governance. SEC. 5. GLOBAL FUND TO FIGHT HIV/AIDS, MALARIA, AND TUBERCULOSIS. (a) Efforts To Reach Agreement for Establishment of Global Fund.-- (1) In general.--The President, in consultation with the Secretary General and the heads of relevant Executive agencies, shall work with foreign governments, the United Nations and its relevant specialized agencies, the World Bank, and the private sector to reach an agreement for the establishment of a global fund to fight HIV/AIDS, malaria, and tuberculosis, to carry out the purposes of section 4 (1) and (2). (2) Delegation of authority.--The President shall exercise the authority of this subsection through the Secretary of State and the Secretary of Health and Human Services, except that, with respect to the World Bank, the President shall exercise such authority through the Secretary of the Treasury. (b) Description of global fund.--The global fund should-- (1) be a public-private partnership that includes participation of, and seeks contributions from, governments, foundations, the private sector, civil society, the United Nations system, nongovernmental organizations, and other parties; (2) pursue an integrated approach that includes the prevention of new infections and the treatment and care of infected individuals; (3) focus on promotion of ``best practices'' in the prevention of new infections by funding a core group of programs that have been proven effective and then funding additional programs; (4) promote scientific and medical accountability by requiring proposals to be reviewed and approved by medical and public health experts; and (5) respect intellectual property rights as an important incentive in the development of new drugs. (c) Composition.--The global fund should be composed as follows: (1) Board of trustees.--The global fund should be governed by a board of trustees, which should be composed of representatives of donors, recipients of funding, multilateral agencies, and such other parties as may be authorized by the agreement establishing the global fund. (2) Technical advisory group.--The board of trustees of the global fund should establish a technical advisory group, consisting of persons with demonstrated knowledge and experience in the fields of public health, epidemiology, health care delivery, health economics, and biomedical research, to advise the board of trustees with respect to funding proposals and other matters. (3) Secretariat and other bodies.--Other bodies, such as a small secretariat, should be established to support the work of the board of trustees of the global fund. (d) Program Objectives.-- (1) Grant authority.-- (A) In general.--In carrying out the purposes of section 4 (1) and (2), the global fund, acting through its board of trustees with guidance from the technical advisory group, should provide only grants, including grants for technical assistance to support measures to build local capacity in national and local government, civil society, and the private sector, with respect to the prevention of new infections and the care and treatment of individuals infected with disease. (B) Eligibility for grants.--Governments and nongovernmental organizations shall be eligible to receive grants from the global fund. Emphasis should be given to facilitating the funding of nongovernmental organizations, including both faith-based and secular groups working in communities, except that national authorities should set the overall plan and agenda for dealing with public health and infectious diseases in their countries. (2) Activities supported.-- (A) In general.--Activities supported under paragraph (1) should include efforts to lead and implement effective and affordable HIV/AIDS, malaria, and tuberculosis programs, including programs focused on prevention and health education and treatment and care services, including access to affordable drugs. (B) Emphasis on strong political leadership.-- Emphasis should be given to ensuring strong political leadership in recipient countries, through the development and implementation of effective strategies against HIV/AIDS, tuberculosis, and malaria; development of well managed, transparently administered health systems; and monitoring and evaluation of programs supported by the global fund. (C) Initial priority on combating hiv/aids.--In view of the globalization of the AIDS epidemic, initial priority should be given to programs to combat HIV/ AIDS. Such programs should include the promotion of ``best practices'' in the prevention of new infections, including education that emphasizes risk avoidance such as abstinence, measures to stop mother-to-child transmission, and efforts to provide for the support and education of AIDS orphans and the families, communities, and institutions most affected by HIV/ AIDS. (e) Reports to Congress.-- (1) Annual reports by the president.--Not later than one year after the date of the enactment of this Act, and annually thereafter for the duration of the global fund, the President shall submit to the appropriate committees of Congress a report on the global fund, including its structure, objectives, contributions, funded projects, and assessment of its effectiveness. (2) Appropriate committees defined.--In paragraph (1), the term ``appropriate committees of Congress'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives. (f) United States Financial Participation.-- (1) Authorization of appropriations.--In addition to any other funds authorized for multilateral or bilateral programs related to HIV/AIDS, malaria, tuberculosis, or economic development, there is authorized to be appropriated to the Department of State $200,000,000 for fiscal year 2002 and $500,000,000 for fiscal year 2003 for payment to the global fund. (2) Reprogramming of fiscal year 2001 funds.--Funds made available for fiscal year 2001 under section 141 of the Global AIDS and Tuberculosis Relief Act of 2000 (as in effect immediately before the date of enactment of this Act)-- (A) are authorized to remain available until expended; and (B) shall be transferred to, merged with, and made available for the same purposes as, funds made available for fiscal year 2002 under paragraph (1). (3) Certification requirement.-- (A) In general.--Before the initial obligation or expenditure of funds appropriated under paragraph (1) or reprogrammed under paragraph (2), the President shall certify that adequate procedures and standards have been established to ensure accountability for and monitoring of the use of funds contributed to the global fund, including the cost of administering the global fund. (B) Transmittal of certification.--The certification required by subparagraph (A), and the bases for that certification, shall be submitted by the President to Congress. (4) Statutory construction.--Nothing in this Act may be construed to substitute for, or reduce resource levels otherwise appropriated by Congress for, bilateral and multilateral HIV/AIDS, malaria, and tuberculosis programs. SEC. 6. REPEAL. Subtitle B of title I of the Global AIDS and Tuberculosis Relief Act of 2000 (22 U.S.C. 6821 et seq.) is hereby repealed.", "summary": "International Infectious Diseases Control Act of 2001 - Directs the President to work with foreign governments, the United Nations (UN), the World bank, and the private sector to agree to the establishment of a global fund to fight HIV/AIDS, malaria, and tuberculosis through the provision of grants to governments and nongovernmental organizations for implementation of effective and affordable HIV/AIDS, malaria, and tuberculosis programs (with initial priority to programs to combat HIV/AIDS), urging emphasis be given to ensuring strong political leadership in recipient countries.Amends the Global AIDS and Tuberculosis Relief Act of 2000 to repeal the establishment of the World Bank AIDS Trust Fund."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinate to Educate Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Growing numbers of children live in an environment of social and economic conditions that greatly increase their risk of academic failure when they become students. (2) Many academically at-risk students suffer the effects of inadequate nutrition and health care, lack of child care, overcrowded and unsafe living conditions and homelessness, family and gang violence, substance abuse, sexual abuse and child abuse, involuntary migration and limited English proficiency that often create severe barriers to learning the knowledge and skills needed to become literate, independent and productive citizens. (3) Almost half of all children and youths live in a single parent family for some period of their lives, while many others live in families with two full-time working parents, greatly reducing parental involvement in their education. (4) Services for at-risk students are often fragmented, inconvenient, expensive, overregulated, ineffective and duplicative, and focused on only a single narrow problem without meeting the needs of the child and the family. (5) School personnel, parents, and support service providers often lack knowledge of, and access to, available services for at-risk students and their families in the community, are constrained by bureaucratic obstacles from providing the services most needed, and have few resources or incentives to coordinate services and make them accessible. (6) Service providers, such as teachers, social workers, health care and child care providers, juvenile justice workers and others, are often trained in separate institutions, practice in separate agencies, and pursue separate professional activities that provide little support for coordination and integration of services. (7) Coordination and integration of services for at-risk students emphasizing prevention and early intervention offer a greater opportunity to break the cycle that leads to academic failure, leaving school, low-skill levels, unemployment and low income. (8) Coordination of services is cost effective for schools and support agencies because it reduces duplication, improves quality of services, and substitutes prevention for expensive crisis interventions, while ensuring that students are ready to learn when they are in the classroom. (b) Purposes.--It is the purpose of this Act to establish a program of grants to local education agencies to improve students' educational performances by-- (1) removing barriers to their learning; (2) coordinating and enhancing the effectiveness of support services; (3) making support services available, affordable, and convenient for those who need them; (4) replicating and disseminating successful high quality coordinated service programs; (5) increasing parental involvement in education; (6) improving the capacity of school and support service personnel to collaborate; (7) integrating services, regulations, data bases, eligibility procedures and funding sources whenever possible; and (8) focusing school and community resources on prevention and early intervention strategies to address student needs and to ensure that students are ready to learn when they are in the classroom. SEC. 3. GRANT AUTHORIZATION. The Secretary of Education is authorized to make development and implementation grants to local education agencies to develop and implement coordinated service programs. SEC. 4. DEVELOPMENT GRANTS. (a) Eligibility.--To be eligible to receive a grant under this section, a local educational agency shall-- (1) plan to collaborate with health and social service agencies to develop a program of school-linked integrated service for children and families on or near a school site; or (2) offer some coordinated services, but be able to demonstrate a need for the expansion of services. (b) Duration.--Grants under this section may be for up to 3 years duration, subject to providing the Secretary with annual evidence of satisfactory progress towards the achievement of a plan for a self- sufficient coordinated service program. (c) Applications.--A local educational agency that wishes to receive a grant under this section shall submit an application which identifies-- (1) the need for coordinated services among all or some of the students of a local educational agency; (2) the proposed membership of a collaborative which will be formed to achieve broad-based coordinated services, including representatives from the appropriate levels of all sectors and services necessary to achieve broad-based coordinated services, including representatives of children and families; (3) the objectives of the collaboration; and (4) performance measurements. (d) Use of Funds.--Grants awarded under this section shall be used to-- (1) plan and hold regular meetings of the collaborative; (2) identify barriers to learning experienced by students in the local educational agency that stem from factors external to the public school system, including poor health, physical and sexual abuse, poor nutrition, inadequate housing, lack of appropriate childcare and lack of appropriate preschool and before and after school care; (3) assess the availability of currently existing social service programs which could help to alleviate these barriers; (4) assess the availability of local, State and private funds, the redirection of existing funds and the use of in-kind services; (5) assess the feasibility of a sliding scale fee for services that will be delivered; and (6) develop an interagency service delivery plan that identifies-- (A) the priorities of the service providers and the community; (B) the availability and use of adequate staff and physical resources; (C) a plan to coordinate Federal, State and local regulations, eligibility requirements and application procedures; (D) how coordinated services will be delivered, including a case management system; and (E) a plan to become self-sufficient, without using funds authorized under this Act, not later than 2 years after implementation. SEC. 5. IMPLEMENTATION GRANTS. (a) Eligibility.--A local educational agency that desires to receive a grant under this section shall have an interagency service delivery plan that has been approved by the Secretary of Education. (b) Duration.--Grants under this section may not exceed a 2-year period. (c) Applications.--To be eligible to receive a grant under this section, a local educational agency shall submit an application which-- (1) identifies barriers to learning experienced by students in the local educational agency that stem from factors external to the public school system, including poor health, evidence of physical or sexual abuse, poor nutrition, inadequate housing, lack of appropriate childcare and lack of appropriate preschool and before and after school care; (2) identifies existing social service programs; (3) identifies the participants in the delivery of coordinated services, including community and parent involvement; (4) includes an interagency service delivery plan which includes the priorities of the service providers and the community; (5) includes an interagency agreement signed by key parties within the collaborative, partnership schools and agencies that detail what will be done, by whom and when; (6) makes assurances that Federal funds will be used for not more than 50 percent of the costs of this project after the first year, with a commitment of matching funds from other agencies or private sources, including the redirection of existing funds and the use of in-kind services which will fully support the project after the second year; (7) identifies how the coordinated service program will be staffed, including the case of a coordinator and including a plan for interagency staff training and development; (8) identifies where the coordinated service program will be located; (9) identifies how Federal, State, and local regulations, eligibility requirements and application procedures have been coordinated; (10) utilizes a case management system; and (11) sets sliding scale service fees, if feasible. (d) Use of Funds.--Grants awarded under this section may be used-- (1) to locate and obtain commitments from funding sources other than the Federal Government when this grant ends; (2) to improve interagency communications and information- sharing, including developing telecommunications networks, software development, data base integration and management, and other applications of technology that improve coordination of service; (3) to support colocation of interagency service delivery programs in schools or other sites close to schools, including rental or lease payments, open and lock-up fees or maintenance and security costs necessary for the delivery of services to students; (4) for staff development, including in-service and cross- agency training, for the interagency service delivery team, including school staff; (5) to research and tabulate figures which demonstrate the success of a coordinated services program, including improved outcome for children and families in terms of taxpayers dollars saved; and (6) to support dissemination and replication of successful programs to other areas within a local educational agency. SEC. 6. TARGET POPULATIONS. (a) Eligible Schools, Grades, and Areas.--An eligible local educational agency may select a school or program area for coordinated services if the project design is of adequate size, scope, and quality to achieve projected outcomes. (b) Eligible Students.--Programs and services shall be made available to all children and families in the area to be served and shall, when appropriate, be paid on a sliding scale. SEC. 7. SPECIAL CONSIDERATION. In making awards under this Act, the Secretary shall give special consideration to-- (1) the geographic distribution of awards, including urban, suburban, and rural districts; (2) districts with concentrated pockets of educationally at-risk students; (3) local educational agencies with high proportions of educationally at-risk students; and (4) areas with a large number of single parent or two- parent, working families. SEC. 8. AUTHORIZATION. There are authorized to be appropriated to carry out the provisions of this Act for fiscal year 2009, $300,000,000 of which $200,000,000 shall be allocated for development grants and $100,000,000 shall be allocated for implementation grants, and such sums as may be necessary for each of the fiscal years 2010 through 2015.", "summary": "Coordinate to Educate Act - Authorizes the Secretary of Education to award: (1) grants of up to three years to local educational agencies (LEAs) to collaborate with health and social service agencies to develop school-linked coordinated service programs for children and families on or near school sites; and (2) grants of up to two years to LEAs to implement such programs pursuant to interagency service delivery plans that have been approved by the Secretary. Requires program services to be available to all children and families in the service area and, where appropriate, paid for on a sliding scale. Directs the Secretary, in awarding grants, to give special consideration to areas with high proportions of educationally at-risk students and areas that have a large number of single parent or two-parent, working families."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Data in Government Act of 2017''. SEC. 2. PRESERVING GOVERNMENT DATA. (a) In General.--Subchapter I of chapter 35 of title 44, United States Code, is amended-- (1) in section 3502-- (A) in paragraph (13), by striking ``and'' at the end; (B) in paragraph (14), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(15) the term `data' means recorded information, regardless of form or the media on which the data is recorded; ``(16) the term `data asset' means a collection of data elements or data sets that may be grouped together; ``(17) the term `machine-readable' means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost; ``(18) the term `open format' means a technical format that is not encumbered by restrictions that would impede use or reuse; ``(19) the term `open Government data' means a public data asset that is-- ``(A) machine-readable; ``(B) available in an open format; and ``(C) part of the worldwide public domain or, if necessary, published with an open license; and ``(20) the term `public data asset' means a data asset created or maintained by an agency, or a contractor of an agency, that-- ``(A) is not protected under copyright or patent laws; and ``(B)(i) may be released to the public; or ``(ii) has been released to the public in an open format.''; and (2) by adding at the end the following: ``Sec. 3522. Requirement to preserve Government data ``(a) In General.--Except as provided under subsection (c), any open Government data that is made available to the public for a period of not less than 90 consecutive days shall-- ``(1) remain machine-readable, available in an open format, and part of the worldwide public domain or, if necessary, published with an open license; and ``(2) not be altered in such a way as to decrease the machine-readable nature of the open Government data. ``(b) Alteration of Digital Location, Format, or Content.-- ``(1) In general.--It shall not be a violation of subsection (a) to alter-- ``(A) the digital location or format of open Government data for the purpose of routine asset maintenance or long-term archiving if the alteration does not decrease the open public accessibility or the machine-readable nature of the open Government data; or ``(B) the contents of open Government data for purposes of updating the open Government data or correcting an error in the open Government data. ``(2) Permanence of data after updates.--For purposes of subsection (a), any alteration of the digital location, format, or contents of open Government data under subparagraph (A) or (B) of paragraph (1) shall not constitute a renewal of the period for which the open Government data has been made available to the public. ``(3) Record of data changes after updates.--Any substantial alteration of the contents of open Government data under subparagraph (A) or (B) of paragraph (1) shall be recorded in a log that is made available to the public in an open format along with the open Government data. ``(c) Exceptions.-- ``(1) Conservation of agency resources.--An agency may remove open Government data from public availability if-- ``(A) the head of the agency determines that the open Government data-- ``(i) is too costly to maintain; or ``(ii) does not provide sufficient value to the public; ``(B) not less than 6 months before the date on which the agency removes the open Government data from public availability, the agency publishes a notice of the removal in the Federal Register, including-- ``(i) a clear identification of the open Government data; ``(ii) if applicable, the digital object identifier of the open Government data; ``(iii) a detailed description of the reasons for the removal; and ``(iv) a detailed description of efforts to make the open Government data permanently publicly available; and ``(C) the open Government data is available for download on the worldwide public domain for a period of not less than 6 months before the date on which the agency removes the open Government data from public availability. ``(2) Other provisions of law.--Subsection (a) shall not apply in the case of open Government data that is required to be removed from public availability or altered under another provision of law.''. (b) Technical and Conforming Amendment.--The table of sections for subchapter I of chapter 35 of title 44, United States Code, is amended by inserting after the item relating to section 3521 the following: ``3522. Requirement to preserve Government data.''.", "summary": "Preserving Data in Government Act of 2017 This bill requires that any open government data that is made available to the public for at least 90 consecutive days must: (1) remain machine-readable, available in an open format, and part of the worldwide public domain or, if necessary, be published with an open license; and (2) not be altered in such a way as to decrease its machine-readable nature. It shall not be a violation of such requirement to alter: (1) the digital location or format of open government data for routine asset maintenance or long-term archiving if such alteration does not decrease the open public accessibility or the machine-readable nature of the data, or (2) the contents of such data to update it or correct an error. Any substantial alteration of the data's contents shall be recorded in a log that is made available to the public in an open format along with the data. An agency may remove such data from public availability if: the agency determines that the data is too costly to maintain or does not provide sufficient value to the public, the agency publishes specified notice at least six months in advance of such removal, and the data is available for download on the worldwide public domain for at least six months before such removal. This bill shall not apply to such data that is required to be removed from public availability or altered under another provision of law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Environmental Technologies Agency Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) environmental problems facing the world pose a threat to the environmental security of the United States and other nations; (2) the causes of many of environmental problems lie in the use of environmentally damaging technologies in areas such as transportation, energy production, industrial manufacturing, and product use; (3) the development and deployment of environmentally safe technologies will both enhance the nations environmental security and the economic standing of the Nation in the world's market place; and (4) the Federal Government should play a significant role in enhancing the Nation's environmental security by-- (A) facilitating the development and deployment of environmentally safe technologies that provide solutions to environmental problems; and (B) assisting in the diffusion of knowledge of environmentally safe technologies throughout the Nation. (b) Purpose.--It is the purpose of this Act to assist the efforts of private industry, universities, nonprofit research centers, and government laboratories to provide environmentally safe technical solutions to problems threatening the Nation's environmental security and, in the process, to help the Nation's competitiveness. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the National Environmental Technologies Agency; (2) the term ``Advisory Council'' means the Industry and Academia Advisory Council established by section 5; (3) the term ``Agency'' means the National Environmental Technologies Agency established by section 4; and (4) the term ``Fund'' means the Critical Technologies Revolving Fund established by section 9. SEC. 4. ESTABLISHMENT OF AGENCY. (a) Establishment.--There is established as an independent establishment of the United States the National Environmental Technologies Agency. (b) Administrator.--(1) The Agency shall be headed by the Administrator of the National Environmental Technologies Agency, who shall be appointed by the President, with the advice and consent of the Senate. (2) Section 5313 of title 5, United States Code, is amended by adding at the end the following new item: ``Administrator, National Environmental Technologies Agency.''. (c) Staff.--The Administrator may appoint a staff of professionals with skills in the area of program definition and management and such support staff as the Administrator determines to be necessary, of which no more than 3 may be in positions of confidential or policy-making character. (d) Functions.--It shall be the function of the Agency to-- (1) coordinate planning by the departments, agencies, and independent establishments of the United States relating to restoration and protection of the environment; (2) identify areas that-- (A) need technical solutions to maintain the environmental security of the Nation; (B) are not receiving the long-term product- oriented research that is necessary to meet those needs; and (C) exhibit the greatest promise for the successful development of solutions; (3) support and assist the development of technology having potential future application in the restoration and protection of the environment; (4) coordinate among the departments, agencies, independent establishments of the United States and the private sector the exchange of technological information relating to restoration and protection of the environment; (5) support continuing research and development of advanced technologies by industrial, academic, and governmental and nongovernmental entities; (6) monitor on a continuing basis the research and development being conducted on advanced technologies by private industry in the United States; and (7) promote continuing development of a technological industrial base in the United States. (e) Interagency Advisory Committee.--(1) There is established an interagency advisory committee composed of-- (A) the Administrator of the Environmental Protection Agency, who shall be chair of the committee; (B) the Director of the Office of Science and Technology Policy, or the Director's designee; (C) the Secretary of Energy, or the Secretary's designee; (D) the Secretary of Commerce, or the Secretary's designee; (E) the Secretary of State, or the Secretary's designee; (F) the Secretary of Defense, or the Secretary's designee; and (G) the Administrator of the National Aeronautics and Space Administration, or the Administrator's designee. (2) The interagency advisory committee shall advise and provide information to the Agency with respect to the needs and concerns of their agencies in the field of environmental technologies. SEC. 5. INDUSTRY AND ACADEMIA ADVISORY COUNCIL. (a) Establishment.--There is established the Industry and Academia Advisory Council. (b) Membership.--(1) The Advisory Council shall consist of 9 members appointed by the Administrator, at least 5 of whom shall be from United States industry. (2) The persons appointed as members of the Advisory Council-- (A) shall be eminent in fields such as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations; (B) shall be selected solely on the basis of established records of distinguished service; and (C) shall not be employees of the Federal Government. (3) In making appointments of persons as members of the Advisory Council, the Administrator shall give due consideration to any recommendations that may be submitted to the Director by the National Academies, professional societies, business associations, labor associations, and other appropriate organizations. (c) Terms.--(1)(A) Subject to paragraph (2), the term of office of a member of the Advisory Council shall be 3 years. (B) A member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term. (C) A member who has completed 2 consecutive full terms on the Advisory Council shall not be eligible for reappointment until 1 year after the expiration of the second such term. (2) The initial members of the Advisory Council shall be appointed to 3 classes of 3 members each, one class having a term of 1 year, one a term of 2 years, and one a term of 3 years. (3)(A) The Advisory Council shall meet at least quarterly at the call of the chair or whenever one-third of the members so request in writing. (B) A majority of the members of the council not having a conflict of interest in a matter under consideration by the Advisory Council shall constitute a quorum. (C) Each member shall be given appropriate notice of a meeting of the Advisory Council, not less than 15 days prior to any meeting, if possible. (4)(A) The Advisory Council shall appoint from among its members a person to serve as chair and a person to serve as vice chair. (B) The vice chair of the Advisory Council shall perform the duties of the chair in the absence of the chair. (5) The Advisory Council shall review and make recommendations regarding general policy for the Agency, its organization, its budget, and its programs within the framework of national policies set forth by the President and the Congress. SEC. 6. GENERAL AUTHORITY OF THE ADMINISTRATOR. (a) Authority.--In carrying out the functions of the Agency, the Administrator may-- (1) enter into, perform, and guarantee contracts, leases, grants, and cooperative agreements with any department, agency, or independent establishment of the United States or with any person; (2) use the services, equipment, personnel, or facilities of any other department, agency, or independent establishment of the United States, with the consent of the head of the department, agency, or independent establishment and with or without reimbursement, and cooperate with public and private entities in the use of such services, equipment, and facilities; (3) supervise, administer, and control the activities within the departments, agencies, and independent establishments of the United States relating to patents, inventions, trademarks, copyrights, royalty payments, and matters connected therewith that pertain to technologies relating to restoration and protection of the environment; and (4) appoint 1 or more advisory committees or councils, in addition to those established by sections 4(e) and 5, to consult with and advise the Administrator. (b) Transfer of Technology.--The Administrator may transfer to the domestic private sector technology developed by or with the support of the Agency if the Administrator determines that the technology may have potential application in private activities relating to restoration and protection of the environment. SEC. 7. COOPERATIVE AGREEMENTS AND OTHER ARRANGEMENTS. (a) In General.--In carrying out the functions of the Agency, the Administrator may enter into a cooperative agreement or other arrangement with any department, agency, or independent establishment of the United States, any unit of State or local government, any educational institution, or any other public or private person or entity. (b) Authority To Require Payment.--(1) A cooperative agreement or other arrangement entered into under subsection (a) may include a provision that requires a person or other entity to make payments to the Agency (or any other department, agency, or independent establishment of the United States) as a condition to receiving assistance from the Agency under the agreement or other arrangement. (2) The amount of any payment received by a department, agency, or independent establishment of the United States pursuant to a provision required under paragraph (1) shall be credited to the Fund in such amount as the Administrator may specify. (c) Nonduplication and Other Conditions.--The Administrator shall ensure that-- (1) the authority under this section is used only when the use of standard contracts or grants is not feasible or appropriate; and (2) to the maximum extent practicable, a cooperative agreement or other arrangement entered into under this section-- (A) does not provide for research that duplicates research being conducted under other programs carried out by a department, agency, or independent establishment of the United States; and (B) requires the other party to the agreement or arrangement to share the cost of the project or activity concerned. SEC. 8. PROGRAM REQUIREMENTS. (a) Selection Criteria.--Not later than 90 days after the date of enactment of this Act, the Administrator shall publish in the Federal Register proposed criteria, and not later than 180 days after the date of enactment of this Act, following a public comment period, final criteria, for the selection of recipients of contracts, leases, grants, and cooperative agreements under this Act. (b) Financial Reporting and Auditing.--The Administrator shall establish procedures regarding financial reporting and auditing to ensure that contracts and awards are used for the purposes specified in this section, are in accordance with sound accounting practices, and are not funding existing or planned research programs that would be conducted in the same time period in the absence of financial assistance under this Act. (c) Advice of the Advisory Council.--The Administrator shall ensure that the advice of the Advisory Council is considered routinely in carrying out the responsibilities of the Agency. (d) Dissemination of Research Results.--The Administrator shall provide for appropriate dissemination of research results of the Agency's program. (e) Contracts or Awards; Criteria; Restrictions.--(1) No contract or award may be made under this Act until the research project in question has been subject to a merit review, and has, in the opinion of the reviewers appointed by the Administrator, been shown to have scientific and technical merit. (2) Federal funds made available under this Act shall be used only for direct costs and not for indirect costs, profits, or management fees of the contractor. (3) In determining whether to make an award to a joint venture, the Administrator shall consider whether the members of the joint venture have provided for the appropriate participation of small United States businesses in the joint venture. (4) Section 552 of title 5, United States Code, shall not apply to the following information obtained by the Federal Government on a confidential basis in connection with the activities of any business or any joint venture that receives funding under this Act: (A) Information on the business operation of a member of the business or joint venture. (B) Trade secrets possessed by any business or by a member of the joint venture. (5) Intellectual property owned and developed by a business or joint venture that receives funding under this Act or by any member of such a joint venture may not be disclosed by any officer or employee of the United States except in accordance with a written agreement between the owner or developer and the Administrator. (6) The United States shall be entitled to a share of the licensing fees and royalty payments made to and retained by a business or joint venture to which it contributes under this section in an amount proportionate to the Federal share of the costs incurred by the business or joint venture, as determined by independent audit. (7) A contract or award under this Act shall contain appropriate provisions for discontinuance of the project and return of the unspent Federal funds to the Agency (after payment of all allowable costs and an audit) if-- (A) due to technical difficulties, financial difficulty on the part of the recipient, or for any other reason, the recipient is not making satisfactory progress toward successful completion of the project; or (B) despite satisfactory progress on the progress, it appears that the project will not achieve satisfactorily the goals of the project. (8) Upon dissolution of a joint venture that receives funding under this Act or at a time otherwise agreed upon, the United States shall be entitled to a share of the residual assets of a joint venture that is proportionate to the Federal share of the costs of the joint venture, as determined by independent audit. SEC. 9. REVOLVING FUND. (a) Establishment.--There is established in the Treasury of the United States a revolving fund to be known as the ``Environmental Advanced Research Projects Revolving Fund'', which shall consist of such amounts as are appropriated or credited to it from time to time. (b) Expenditures From the Fund.--Amounts in the Fund shall be available, as provided in appropriations Acts, to carry out the purposes of this Act. (c) Loans, Grants, and Other Financial Assistance.--(1) The Administrator may use the Fund for the purpose of making loans, grants, and other financial assistance to industrial and nonprofit research centers, universities, and other entities that serve the long-term environmental security needs of the United States, to carry out the purposes of this Act. (2) A loan made under this section shall bear interest at a rate determined by the Secretary of the Treasury (as of the close of the calendar month preceding the month in which the loan is made) to be 3 percent less than the current market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the period for which the loan is made. (3) Repayments on a loan made under this section and the proceeds from any other agreement entered into by the Administrator under this Act shall be credited to the Fund. (d) Management of Fund.--(1) The Secretary of the Treasury shall manage the Fund and, after consultation with the Administrator, report to Congress each year on the financial condition and the results of the operation of the Fund during the preceding fiscal year and on the expected condition and operations of the Fund during the next 5 fiscal years. (2)(A) The Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary, required to meet current withdrawals. (B) Investments of monies in the Fund may be made only in interest- bearing obligations of the United States. SEC. 10. ANNUAL REPORT. The Administrator shall submit a report to Congress annually describing-- (1) the activities of the Agency; (2) the Agency's plans for future activities; (3) the manner and extent to which technologies developed with assistance from the Agency have been used; and (4) the extent to which those technologies have been transferred overseas. SEC. 11. APPROPRIATIONS. (a) Amounts.--There are authorized to be appropriated to the Agency to carry out this Act $75,000,000 for fiscal year 1993, $140,000,000 for fiscal year 1994, and $200,000,000 for fiscal year 1995. (b) Limitation on Use.--Of amounts appropriated to the Agency, no more than 5 percent may be used to pay for administrative expenses of the Agency. S 425 IS----2", "summary": "National Environmental Technologies Agency Act - Establishes the National Environmental Technologies Agency to: (1) coordinate Federal environmental restoration and protection planning; (2) identify areas that need technical solutions to maintain environmental security, are not receiving product-oriented research necessary to meet those needs, and exhibit the greatest promise for the development of solutions; (3) support the development of technology having future application in environmental restoration and protection; (4) coordinate the exchange of technological information relating to environmental restoration and protection between Federal agencies and the private sector; (5) support continuing research and development of advanced technologies; (6) monitor research and development being conducted on advanced technologies by private industry; and (7) promote continuing development of a technological industrial base in the United States. Establishes the Industry and Academia Advisory Council to make recommendations regarding general policy for the Agency. Permits the Agency Administrator to transfer to the domestic private sector technology developed with the support of the Agency if the technology may have potential application in private activities relating to environmental restoration and protection. Provides for dissemination of the results of Agency research. Directs the Administrator, in determining whether to make an award to a joint venture, to consider whether the joint venture has provided for appropriate participation of U.S. small businesses. Entitles the United States to a share of licensing fees and royalty payments made to a joint venture in an amount proportionate to the Federal share of costs incurred. Provides for the return of unspent Federal funds to the Agency if it appears that the recipient is not making satisfactory progress toward successful completion of the project. Entitles the United States, upon dissolution of a joint venture that receives funding under this Act, to a share of the residual assets proportionate to the Federal share of costs. Establishes the Environmental Advanced Research Projects Revolving Fund. Authorizes the use of the Fund to provide financial assistance to entities that serve long-term environmental security needs. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Review Panel Technical Amendments Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy. (2) Small businesses bear a disproportionate share of regulatory costs and burdens. (3) Federal agencies must consider the impact of their regulations on small businesses early in the rulemaking process. (4) The Small Business Advocacy Review Panel process that was established by the Small Business Regulatory Enforcement Fairness Act of 1996 has been effective in allowing small businesses to participate in rules that are being developed by the Environmental Protection Agency and the Occupational Safety and Health Administration. (b) Purposes.--The purposes of this Act are the following: (1) To provide a forum for the effective participation of small businesses in the Federal regulatory process. (2) To clarify and strengthen the Small Business Advocacy Review Panel process. (3) To expand the number of Federal agencies that are required to convene Small Business Advocacy Review Panels. SEC. 3. ENSURING FULL ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES OF RULES PROPOSED BY CERTAIN AGENCIES. Section 609(b) of title 5, United States Code, is amended to read as follows: ``(b)(1) Before the publication of an initial regulatory flexibility analysis that a covered agency is required to conduct under this chapter, the head of the covered agency shall-- ``(A) notify the Chief Counsel for Advocacy of the Small Business Administration (in this subsection referred to as the `Chief Counsel') in writing; ``(B) provide the Chief Counsel with information on the potential impacts of the proposed rule on small entities and the type of small entities that might be affected; and ``(C) not later than 30 days after complying with subparagraphs (A) and (B)-- ``(i) with the concurrence of the Chief Counsel, identify affected small entity representatives; and ``(ii) transmit the information referred to in subparagraph (B) to the identified small entity representatives for the purposes of obtaining advice and recommendations about the potential impacts of the draft proposed rule. ``(2)(A) Not earlier than 30 days after the covered agency transmits information pursuant to paragraph (1)(C)(ii), the head of the covered agency shall convene a review panel for the draft proposed rule. The panel shall consist solely of full-time Federal employees of the office within the covered agency that will be responsible for carrying out the proposed rule, the Office of Information and Regulatory Affairs of the Office of Management and Budget, and the Chief Counsel. ``(B) The review panel shall-- ``(i) review any material the covered agency has prepared in connection with this chapter, including any draft proposed rule; ``(ii) collect advice and recommendations from the small entity representatives identified under paragraph (1)(C)(i) on issues related to paragraphs (3), (4), and (5) of section 603(b) and section 603(c); and ``(iii) allow any small entity representative identified under paragraph (1)(C)(i) to make an oral presentation to the panel, if requested. ``(C) Not later than 60 days after the date a covered agency convenes a review panel pursuant to this paragraph, the review panel shall report to the head of the covered agency on-- ``(i) the comments received from the small entity representatives identified under paragraph (1)(C)(i); and ``(ii) its findings regarding issues related to paragraphs (3), (4), and (5) of section 603(b) and section 603(c). ``(3) The head of the covered agency shall print in the Federal Register the report of the review panel under paragraph (2)(C), by the earlier of-- ``(A) 120 days after the date the head of the covered agency receives the report; or ``(B) as part of the publication of the notice of proposed rulemaking for the proposed rule. ``(4) Where appropriate, the covered agency shall modify the draft proposed rule, the initial regulatory flexibility analysis for the draft proposed rule, or the decision on whether an initial regulatory flexibility analysis is required for the draft proposed rule.''. SEC. 4. DEFINITIONS. Section 609(d) of title 5, United States Code, is amended to read as follows: ``(d) For the purposes of this section-- ``(1) the term `covered agency' means the Environmental Protection Agency, the Occupational Safety and Health Administration of the Department of Labor, and the Internal Revenue Service of the Department of the Treasury; and ``(2) the term `small entity representative' means a small entity, or an individual or organization that represents a small entity.''. SEC. 5. EFFECTIVE DATE. This Act shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act.", "summary": "Small Business Review Panel Technical Amendments Act of 1999 (sic) - Amends Federal provisions concerning the promulgation of Federal rules to allow representatives of small entities that may be affected to make an oral presentation to a review panel for a proposed rule. Requires the head of an agency covered by the rule to print the report of the review panel in the Federal Register within 120 days after receiving it or as part of the publication of the notice of proposed rulemaking."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Interest Checking Act of 2001''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED. (a) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended to read as follows: ``(i) [Repealed]''. (2) Home owners' loan act.--The first sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed]''. (b) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 2-year period beginning on the date of the enactment of this Act. SEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(3) Exception from paragraph (2) limitation.--Paragraph (2) shall not apply to any depository institution which is prohibited by the applicable law of its chartering State from offering demand deposits and either-- ``(A) does not engage in any lending activities; or ``(B) is not an affiliate of any company or companies with assets that, in the aggregate, represent more than 10 percent of the total assets of the depository institution.''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: ``(b) Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account which is a deposit or account on which interest or dividends are paid and is not a deposit or account described in subsection (a)(2) to make up to 24 transfers per month (or such greater number as the Board may determine by rule or order), for any purpose, to another account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act for purposes of such Act).''. SEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following new paragraph: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution may receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate or rates not to exceed the general level of short-term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(B), in a Federal reserve bank by any such entity on behalf of depository institutions.''. (b) Authorization for Pass Through Reserves for Member Banks.-- Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) is amended by striking ``which is not a member bank''. (c) Survey of Bank Fees and Services.--Section 19 of the Federal Reserve Act (as amended by subsections (a) and (b) of this section) is amended by adding at the end the following new subsection: ``(n) Survey of Bank Fees and Services.-- ``(1) Annual survey required.--The Board shall obtain annually a sample, which is representative by type and size of the institution and geographic location, of the following retail banking services and products provided by insured depository institutions and insured credit unions (along with related fees and minimum balances): ``(A) Checking and other transaction accounts. ``(B) Negotiable order of withdrawal and savings accounts. ``(C) Automated teller machine transactions. ``(D) Other electronic transactions. ``(E) Credit Cards. ``(2) Minimum survey requirement.--The annual survey described in paragraph (1) shall meet the following minimum requirements: ``(A) Checking and other transaction accounts.-- Data on checking and transaction accounts shall include, at a minimum, the following: ``(i) Monthly and annual fees and minimum balances to avoid such fees. ``(ii) Minimum opening balances. ``(iii) Check processing fees. ``(iv) Check printing fees. ``(v) Balance inquiry fees. ``(vi) Fees imposed for using a teller or other institution employee. ``(vii) Stop payment order fees. ``(viii) Nonsufficient fund fees. ``(ix) Overdraft fees. ``(x) Deposit items returned fees. ``(xi) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(B) Negotiable order of withdrawal accounts and savings accounts.--Data on negotiable order of withdrawal accounts and savings accounts shall include, at a minimum, the following: ``(i) Monthly and annual fees and minimum balances to avoid such fees. ``(ii) Minimum opening balances. ``(iii) Rate at which interest is paid to consumers. ``(iv) Check processing fees for negotiable order of withdrawal accounts. ``(v) Check printing fees for negotiable order of withdrawal accounts. ``(vi) Balance inquiry fees. ``(vii) Fees imposed for using a teller or other institution employee. ``(viii) Stop payment order fees for negotiable order of withdrawal accounts. ``(ix) Nonsufficient fund fees for negotiable order of withdrawal accounts. ``(x) Overdraft fees for negotiable order of withdrawal accounts. ``(xi) Deposit items returned fees. ``(xii) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(C) Automated teller transactions.--Data on automated teller machine transactions shall include, at a minimum, the following: ``(i) Annual and monthly fees. ``(ii) Card fees. ``(iii) Fees charged to customers for withdrawals, deposits, transfers between accounts, balance inquiries through institution-owned machines. ``(iv) Fees charged to customers for withdrawals, deposits, transfers between accounts, balance inquiries through machines owned by others. ``(v) Fees charged to noncustomers for withdrawals, deposits, transfers between accounts, balance inquiries through institution-owned machines. ``(vi) Point-of-sale transaction fees. ``(vii) Surcharges. ``(D) Other electronic transactions.--Data on other electronic transactions shall include, at a minimum, the following: ``(i) Wire transfer fees. ``(ii) Fees related to payments made over the Internet or through other electronic means. ``(E) Credit card charges and fees.--Data related to credit cards shall include, at a minimum, the following: ``(i) Application fees. ``(ii) Annual and monthly fees. ``(iii) Rates of interest charged for purchases and cash advances, when an account is not in default. ``(iv) Rates of interest charged for purchases and cash advances, when an account is in default. ``(v) Average annual finance charges paid by customers. ``(vi) Late payment fees. ``(vii) Cash advance and convenience check fees. ``(viii) Balance transfer fees. ``(ix) Over-the-credit-limit fees. ``(x) Foreign currency conversion fees. ``(F) Other fees and charges.--Data on any other fees and charges that the Board determines to be appropriate to meet the purposes of this section. ``(3) Annual Report to Congress Required.-- ``(A) Preparation.--The Board shall prepare a report of the results of each survey conducted pursuant to paragraph (1) and (2). ``(B) Contents of the report.--In addition to the data required to be collected pursuant to paragraphs (1) and (2), each report prepared pursuant to subparagraph (A) shall include a description of any discernible trend, in the Nation as a whole, in each of the 50 States, and in each metropolitan statistical area (as defined by the Director of the Office of Management and Budget), in the cost and availability of the retail banking services, including those described in paragraphs (1) and (2) (including related fees and minimum balances), that delineates differences between institutions on the basis of the type of institution, the size of the institution and any engagement of the institution in multistate activity. ``(C) Submission to congress.--The Board shall submit an annual report to the Congress under this paragraph not later than June 1, 2002, and not later than June 1 of each subsequent year. ``(4) Definitions.--For purposes of this subsection, the terms `insured depository institution' and `insured credit union' mean any depository institution (as defined in subsection (b)(1)(A)) the deposits or shares in which are insured under the Federal Deposit Insurance Act or the Federal Credit Union Act.''. (d) Technical and Conforming Amendments.--Section 19 of the Federal Reserve Act (12 U.S.C. 461) is amended-- (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(2)(A)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent (and which may be zero)''; and (2) in clause (ii), by striking ``and not less than 8 per centum,'' and inserting ``(and which may be zero),''. SEC. 6. TRANSFER OF FEDERAL RESERVE SURPLUSES. (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C. 289(b)) is amended by adding at the end the following new paragraph: ``(4) Additional transfers to cover interest payments for fiscal years 2002 through 2006.-- ``(A) In general.--In addition to the amounts required to be transferred from the surplus funds of the Federal reserve banks pursuant to subsection (a)(3), the Federal reserve banks shall transfer from such surplus funds to the Board of Governors of the Federal Reserve System for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, such sums as are necessary to equal the net cost of section 19(b)(12), as estimated by the Office of Management and Budget, in each of the fiscal years 2002 through 2006. ``(B) Allocation by federal reserve board.--Of the total amount required to be paid by the Federal reserve banks under subparagraph (A) for fiscal years 2002 through 2006, the Board of Governors of the Federal Reserve System shall determine the amount each such bank shall pay in such fiscal year. ``(C) Replenishment of surplus fund prohibited.-- During fiscal years 2002 through 2006, no Federal reserve bank may replenish such bank's surplus fund by the amount of any transfer by such bank under subparagraph (A).''. (b) Technical and Conforming Amendment.--Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end the following new paragraph: ``(3) Payment to treasury.--During fiscal years 2002 through 2006, any amount in the surplus fund of any Federal reserve bank in excess of the amount equal to 3 percent of the paid-in capital and surplus of the member banks of such bank shall be transferred to the Secretary of the Treasury for deposit in the general fund of the Treasury.''. SEC. 7. RULE OF CONSTRUCTION. No provision of this Act, or any amendment made by this Act, shall be construed as creating any presumption or implication that, in the case of an escrow account maintained at a depository institution in connection with a real estate transaction-- (1) the absorption, by the depository institution, of expenses incidental to providing a normal banking function with respect to such escrow account; (2) the forbearance, by the depository institution, from charging a fee for providing any such banking function; and (3) any benefit which may accrue to the holder or the beneficiary of such escrow account as a result of an action of the depository institution described in paragraph (1) or (2), may be treated as the payment or receipt of interest for purposes of any provision of Public Law 93-100, the Federal Reserve Act, the Home Owners' Loan Act, or the Federal Deposit Insurance Act relating to the payment of interest on accounts or deposits at depository institutions. Passed the House of Representatives April 3, 2001. Attest: JEFF TRANDAHL, Clerk.", "summary": "Small Business Interest Checking Act of 2001- Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the proscription against payment of interest on demand deposits.Authorizes certain depository institutions prohibited by State law from offering demand deposits to offer all owners of a interest- or dividend-paying deposit or account to make withdrawals by negotiable or transferable instruments for the purpose of making payments to third parties. Requires that such an institution either: (1) not engage in lending activities; or (2) not be an affiliate of a company or companies whose aggregate assets represent over ten percent of the institution's total assets.Amends Federal banking law governing interaccount transfers to provide that a depository institution may permit owners of certain interest- or dividend-paying accounts to make up to 24 transfers monthly for any purpose to their other accounts in the same institution.Amends the Federal Reserve Act to authorize a Federal reserve bank to pay interest at least quarterly (at a rate not to exceed the general level of short term interest rates) to a depository institution on any balance it maintains at the reserve bank.Repeals a specified restriction in order to authorize pass-through reserves for member banks (as well as non-member banks).Instructs the Board of Governors of the Federal Reserve System to obtain annually a prescribed survey of designated retail bank fees and services (including electronic and credit card fees), and report the results annually to Congress.Reformulates the mandatory depository institution reserve ratio to: (1) one that is not greater than three percent, and may be zero, (currently, a flat ratio of three percent) for transaction accounts of $25 million or less; and (2) reduce from eight percent to zero the minimum ratio for transaction accounts exceeding $25 million. (Thus authorizes zero reserve requirements for such accounts.)Requires the Federal Reserve banks to transfer certain surplus funds for deposit into the general fund of the Treasury equal to the estimated net cost of making the quarterly payments of interest mandated by this Act for FY 2002 through 2006.Prohibits such banks from replenishing surplus funds by the amount of any such transfers during that time period."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Unintended Pregnancy Reduction Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Rates of unintended pregnancy in the United States increased by nearly 30 percent among low-income women between 1994 and 2002, and a low-income woman today is 4 times as likely to have an unintended pregnancy as her higher income counterpart. (2) Abortion rates decreased among higher income women but increased among low income women between 1994 and 2002, and a low income woman is more than 4 times as likely to have an abortion as her higher income counterpart. (3) Contraceptive use reduces a woman's probability of having an abortion by 85 percent. (4) Levels of contraceptive use among low-income women at risk of unintended pregnancy declined significantly between 1994 and 2002, from 92 percent to 86 percent. (5) Publicly funded contraceptive services have been shown to prevent 1,300,000 unintended pregnancies each year, and in the absence of these services the United States abortion rate would likely be 40 percent higher than it is. (6) By helping couples avoid unintended pregnancy, Medicaid-funded contraceptive services are highly cost- effective, and every public dollar spent on family planning saves $3 in the cost of pregnancy-related care alone. (7) Federal law requires State Medicaid programs to cover pregnancy-related care for women with incomes up to 133 percent of poverty, and 17 States have expanded this coverage to women with incomes up to 200 percent of poverty. (8) 18 States have expanded Medicaid coverage for family planning services to the same level at which they provide Medicaid funded pregnancy-related care. (9) Equalizing the eligibility levels for family planning and pregnancy-related care nationwide would maximize the cost- savings to both the Federal and State Governments. (10) A woman should have equal access to contraceptive services to help prevent an unintended pregnancy and to pregnancy-related care if she does become pregnant. SEC. 3. CLARIFICATION OF COVERAGE OF FAMILY PLANNING SERVICES AND SUPPLIES. Section 1937(b) of the Social Security Act (42 U.S.C. 1396u-7(b)) is amended by adding at the end the following: ``(5) Coverage of family planning services and supplies.-- Notwithstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark- equivalent coverage under this section unless that coverage includes family planning services and supplies as described in section 1905(a)(4)(C).''. SEC. 4. EXPANSION OF FAMILY PLANNING SERVICES. (a) Coverage as Mandatory Categorically Needy Group.-- (1) In general.--Section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended-- (A) in subclause (VI), by striking ``or'' at the end; (B) in subclause (VII), by adding ``or'' at the end; and (C) by adding at the end the following new subclause: ``(VIII) who are described in subsection (dd) (relating to individuals who meet the income standards for pregnant women);''. (2) Group described.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: ``(dd)(1) Individuals described in this subsection are individuals who-- ``(A) meet at least the income eligibility standards established under the State plan as of May 1, 2006, for pregnant women or such higher income eligibility standard for such women as the State may establish; and ``(B) are not pregnant. ``(2) At the option of a State, individuals described in this subsection may include individuals who are determined to meet the income eligibility standards referred to in paragraph (1)(A) under the terms and conditions applicable to making eligibility determinations for medical assistance under this title under a waiver to provide the benefits described in clause (XV) of the matter following subparagraph (G) of section 1902(a)(10) granted to the State under section 1115 as of May 1, 2006.''. (3) Limitation on benefits.--Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in the matter following subparagraph (G)-- (A) by striking ``and (XIV)'' and inserting ``(XIV)''; and (B) by inserting ``, and (XV) the medical assistance made available to an individual described in subsection (dd) who is eligible for medical assistance only because of subparagraph (A)(10)(i)(VIII) shall be limited to family planning services and supplies described in 1905(a)(4)(C) and, at the State's option, medical diagnosis or treatment services that are provided in conjunction with a family planning service in a family planning setting provided during the period in which such an individual is eligible;'' after ``cervical cancer''. (4) Conforming amendments.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended in the matter preceding paragraph (1)-- (A) in clause (xii), by striking ``or'' at the end; (B) in clause (xii), by adding ``or'' at the end; and (C) by inserting after clause (xiii) the following: ``(xiv) individuals described in section 1902(dd),''. (b) Presumptive Eligibility.-- (1) In general.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1920B the following: ``presumptive eligibility for family planning services ``Sec. 1920C. (a) State Option.--A State plan approved under section 1902 may provide for making medical assistance available to an individual described in section 1902(dd) (relating to individuals who meet the income eligibility standard for pregnant women in the State) during a presumptive eligibility period. In the case of an individual described in section 1902(dd) who is eligible for medical assistance only because of subparagraph (A)(10)(i)(VIII), such medical assistance may be limited to family planning services and supplies described in 1905(a)(4)(C) and, at the State's option, medical diagnosis or treatment services that are provided in conjunction with a family planning service in a family planning setting provided during the period in which such an individual is eligible. ``(b) Definitions.--For purposes of this section: ``(1) Presumptive eligibility period.--The term `presumptive eligibility period' means, with respect to an individual described in subsection (a), the period that-- ``(A) begins with the date on which a qualified entity determines, on the basis of preliminary information, that the individual is described in section 1902(dd); and ``(B) ends with (and includes) the earlier of-- ``(i) the day on which a determination is made with respect to the eligibility of such individual for services under the State plan; or ``(ii) in the case of such an individual who does not file an application by the last day of the month following the month during which the entity makes the determination referred to in subparagraph (A), such last day. ``(2) Qualified entity.-- ``(A) In general.--Subject to subparagraph (B), the term `qualified entity' means any entity that-- ``(i) is eligible for payments under a State plan approved under this title; and ``(ii) is determined by the State agency to be capable of making determinations of the type described in paragraph (1)(A). ``(B) Regulations.--The Secretary may issue regulations further limiting those entities that may become qualified entities in order to prevent fraud and abuse and for other reasons. ``(C) Rule of construction.--Nothing in this paragraph shall be construed as preventing a State from limiting the classes of entities that may become qualified entities, consistent with any limitations imposed under subparagraph (B). ``(c) Administration.-- ``(1) In general.--The State agency shall provide qualified entities with-- ``(A) such forms as are necessary for an application to be made by an individual described in subsection (a) for medical assistance under the State plan; and ``(B) information on how to assist such individuals in completing and filing such forms. ``(2) Notification requirements.--A qualified entity that determines under subsection (b)(1)(A) that an individual described in subsection (a) is presumptively eligible for medical assistance under a State plan shall-- ``(A) notify the State agency of the determination within 5 working days after the date on which determination is made; and ``(B) inform such individual at the time the determination is made that an application for medical assistance is required to be made by not later than the last day of the month following the month during which the determination is made. ``(3) Application for medical assistance.--In the case of an individual described in subsection (a) who is determined by a qualified entity to be presumptively eligible for medical assistance under a State plan, the individual shall apply for medical assistance by not later than the last day of the month following the month during which the determination is made. ``(d) Payment.--Notwithstanding any other provision of this title, medical assistance that-- ``(1) is furnished to an individual described in subsection (a)-- ``(A) during a presumptive eligibility period; ``(B) by a entity that is eligible for payments under the State plan; and ``(2) is included in the care and services covered by the State plan, shall be treated as medical assistance provided by such plan for purposes of clause (4) of the first sentence of section 1905(b).''. (2) Conforming amendments.-- (A) Section 1902(a)(47) of the Social Security Act (42 U.S.C. 1396a(a)(47)) is amended by inserting before the semicolon at the end the following: ``and provide for making medical assistance available to individuals described in subsection (a) of section 1920C during a presumptive eligibility period in accordance with such section.''. (B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C. 1396b(u)(1)(D)(v)) is amended-- (i) by striking ``or for'' and inserting ``, for''; and (ii) by inserting before the period the following: ``, or for medical assistance provided to an individual described in subsection (a) of section 1920C during a presumptive eligibility period under such section''. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in paragraph (2), the amendments made by this Act take effect on October 1, 2006. (b) Extension of Effective Date for State Law Amendment.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.", "summary": "Unintended Pregnancy Reduction Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to: (1) prohibit a state from providing for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage unless it includes certain family planning services and supplies; (2 ) include women who are not pregnant but who meet certain income eligibility standards in a mandatory categorically needy group for family planning services purposes; and (3) allow a state Medicaid plan to provide for making medical assistance available to such individuals during a presumptive eligibility period."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Anti-Corruption Act of 1999''. SEC. 2. LIMITATIONS ON FOREIGN ASSISTANCE. (a) Report and Certification.-- (1) In general.--Not later than March 1 of each year, the President shall submit to the appropriate committees a certification described in paragraph (2) and a report for each country that received foreign assistance under part I of the Foreign Assistance Act of 1961 during the fiscal year. The report shall describe the extent to which each such country is making progress with respect to the following economic indicators: (A) Implementation of comprehensive economic reform, based on market principles, private ownership, equitable treatment of foreign private investment, adoption of a legal and policy framework necessary for such reform, protection of intellectual property rights, and respect for contracts. (B) Elimination of corrupt trade practices by private persons and government officials. (C) Moving toward integration into the world economy. (2) Certification.--The certification described in this paragraph means a certification as to whether, based on the economic indicators described in subparagraphs (A) through (C) of paragraph (1), each country is-- (A) conducive to United States business; (B) not conducive to United States business; or (C) hostile to United States business. (b) Limitations on Assistance.-- (1) Countries hostile to united states business.-- (A) General limitation.--Beginning on the date the certification described in subsection (a) is submitted-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of a country that is certified as hostile to United States business pursuant to such subsection (a); and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in clause (i) has been made. (B) Duration of limitations.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (A) shall apply with respect to a country that is certified as hostile to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is no longer hostile to United States business. (2) Countries not conducive to united states business.-- (A) Probationary period.--A country that is certified as not conducive to United States business pursuant to subsection (a), shall be considered to be on probation beginning on the date of such certification. (B) Required improvement.--Unless the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a) and is committed to being conducive to United States business, beginning on the first day of the fiscal year following the fiscal year in which a country is certified as not conducive to United States business pursuant to subsection (a)(2)-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of such country; and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in subparagraph (A) has been made. (C) Duration of limitations.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (B) shall apply with respect to a country that is certified as not conducive to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is conducive to United States business. (c) Exceptions.-- (1) National security interest.--Subsection (b) shall not apply with respect to a country described in subsection (b) (1) or (2) if the President determines with respect to such country that making such funds available is important to the national security interest of the United States. Any such determination shall cease to be effective 6 months after being made unless the President determines that its continuation is important to the national security interest of the United States. (2) Other exceptions.--Subsection (b) shall not apply with respect to-- (A) assistance to meet urgent humanitarian needs (including providing food, medicine, disaster, and refugee relief); (B) democratic political reform and rule of law activities; (C) the creation of private sector and nongovernmental organizations that are independent of government control; and (D) the development of a free market economic system. SEC. 3. TOLL-FREE NUMBER. The Secretary of Commerce shall make available a toll-free telephone number for reporting by members of the public and United States businesses on the progress that countries receiving foreign assistance are making in implementing the economic indicators described in section 2(a)(1). The information obtained from the toll-free telephone reporting shall be included in the report required by section 2(a). SEC. 4. DEFINITIONS. In this Act: (1) Appropriate committees.--The term ``appropriate committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Multilateral development bank.--The term ``multilateral development bank'' means the International Bank for Reconstruction and Development, the International Development Association, and the European Bank for Reconstruction and Development.", "summary": "Requires a report to accompany such certification describing the extent to which each such country is making progress in: (1) implementing comprehensive economic reform, based on market principles, private ownership, and other specified economic indicators; (2) eliminating corrupt trade practices by private persons and government officials; and (3) moving toward integration into the world economy. Instructs the Secretary of Commerce to make a toll-free telephone number available for progress reports on countries receiving foreign assistance and implementing specified economic indicators."}
{"article": "SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Cut Energy Bills at Home Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. PERFORMANCE BASED HOME ENERGY IMPROVEMENTS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: ``SEC. 25E. PERFORMANCE BASED ENERGY IMPROVEMENTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year for a qualified whole home energy efficiency retrofit an amount determined under subsection (b). ``(b) Amount Determined.-- ``(1) In general.--Subject to paragraph (4), the amount determined under this subsection is equal to-- ``(A) the base amount under paragraph (2), increased by ``(B) the amount determined under paragraph (3). ``(2) Base amount.--For purposes of paragraph (1)(A), the base amount is $2,000, but only if the energy use for the residence is reduced by at least 20 percent below the baseline energy use for such residence as calculated according to paragraph (5). ``(3) Increase amount.--For purposes of paragraph (1)(B), the amount determined under this paragraph is $500 for each additional 5 percentage point reduction in energy use. ``(4) Limitation.--In no event shall the amount determined under this subsection exceed the lesser of-- ``(A) $5,000 with respect to any residence, or ``(B) 30 percent of the qualified home energy efficiency expenditures paid or incurred by the taxpayer under subsection (c) with respect to such residence. ``(5) Determination of energy use reduction.--For purposes of this subsection-- ``(A) In general.--The reduction in energy use for any residence shall be determined by modeling the annual predicted percentage reduction in total energy costs for heating, cooling, hot water, and permanent lighting. It shall be modeled using computer modeling software approved under subsection (d)(2) and a baseline energy use calculated according to subsection (d)(1)(C). ``(B) Energy costs.--For purposes of subparagraph (A), the energy cost per unit of fuel for each fuel type shall be determined by dividing the total actual energy bill for the residence for that fuel type for the most recent available 12-month period by the total energy units of that fuel type used over the same period. ``(c) Qualified Home Energy Efficiency Expenditures.--For purposes of this section, the term `qualified home energy efficiency expenditures'-- ``(1) means any amount paid or incurred by the taxpayer during the taxable year for a qualified whole home energy efficiency retrofit, including the cost of diagnostic procedures, labor, and modeling, ``(2) includes only measures that have an average estimated life of 5 years or more as determined by the Secretary, after consultation with the Secretary of Energy, ``(3) does not include any amount which is paid or incurred in connection with any expansion of the building envelope of the residence, and ``(4) does not include improvements to swimming pools or hot tubs or any other expenditure specifically excluded by the Secretary, after consultation with the Secretary of Energy. ``(d) Qualified Whole Home Energy Efficiency Retrofit.--For purposes of this section-- ``(1) In general.--The term `qualified whole home energy efficiency retrofit' means the implementation of measures placed in service during the taxable year intended to reduce the energy use of the principal residence of the taxpayer which is located in the United States. A qualified whole home energy efficiency retrofit shall-- ``(A) be designed, implemented, and installed by a contractor which is-- ``(i) accredited by the Building Performance Institute (hereafter in this section referred to as `BPI') or a preexisting BPI accreditation-based State certification program with enhancements to achieve State energy policy, ``(ii) a Residential Energy Services Network (hereafter in this section referred to as `RESNET') accredited Energy Smart Home Performance Team, or ``(iii) accredited by an equivalent certification program approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, ``(B) install a set of measures modeled to achieve a reduction in energy use of at least 20 percent below the baseline energy use established in subparagraph (C), using computer modeling software approved under paragraph (2), ``(C) establish the baseline energy use by calibrating the model using sections 3 and 4 and Annex D of BPI Standard BPI-2400-S-2011: Standardized Qualification of Whole House Energy Savings Estimates, or an equivalent standard approved by the Secretary, after consultation with Secretary of Energy, for this purpose, ``(D) document the measures implemented in the residence through photographs taken before and after the retrofit, including photographs of its visible energy systems and envelope as relevant, and ``(E) implement a test-out procedure, following guidelines of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent guidelines approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, to ensure-- ``(i) the safe operation of all systems post retrofit, and ``(ii) that all improvements are included in, and have been installed according to, standards of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent standards approved by the Secretary, after consultation with the Secretary of Energy, for this purpose. For purposes of subparagraph (A)(iii), an organization or State may submit an equivalent certification program for approval by the Secretary, in consultation with the Secretary of Energy. The Secretary shall approve or deny such submission not later than 180 days after receipt, and, if the Secretary fails to respond in that time period, the submitted equivalent certification program shall be considered approved. ``(2) Approved modeling software.--For purposes of paragraph (1)(B), the contractor shall use modeling software certified by RESNET as following the software verification test suites in section 4.2.1 of RESNET Publication No. 06-001 or certified by an alternative organization as following an equivalent standard, as approved by the Secretary, after consultation with the Secretary of Energy, for this purpose. ``(3) Documentation.--The Secretary, after consultation with the Secretary of Energy, shall prescribe regulations directing what specific documentation is required to be retained or submitted by the taxpayer in order to claim the credit under this section, which shall include, in addition to the photographs under paragraph (1)(D), a form approved by the Secretary that is completed and signed by the qualified whole home energy efficiency retrofit contractor under penalties of perjury. Such form shall include-- ``(A) a statement that the contractor followed the specified procedures for establishing baseline energy use and estimating reduction in energy use, ``(B) the name of the software used for calculating the baseline energy use and reduction in energy use, the percentage reduction in projected energy savings achieved, and a statement that such software was certified for this program by the Secretary, after consultation with the Secretary of Energy, ``(C) a statement that the contractor will retain the details of the calculations and underlying energy bills for 5 years and will make such details available for inspection by the Secretary or the Secretary of Energy, if so requested, ``(D) a list of measures installed and a statement that all measures included in the reduction in energy use estimate are included in, and installed according to, standards of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent standards approved by the Secretary, after consultation with the Secretary of Energy, ``(E) a statement that the contractor meets the requirements of paragraph (1)(A), and ``(F) documentation of the total cost of the project in order to comply with the limitation under subsection (b)(4)(B). ``(e) Additional Rules.--For purposes of this section-- ``(1) No double benefit.-- ``(A) In general.--With respect to any residence, no credit shall be allowed under this section for any taxable year in which the taxpayer claims a credit under section 25C. ``(B) Renewable energy systems and appliances.--In the case of a renewable energy system or appliance that qualifies for another credit under this chapter, the resulting reduction in energy use shall not be taken into account in determining the percentage energy use reductions under subsection (b). ``(C) No double benefit for certain expenditures.-- The term `qualified home energy efficiency expenditures' shall not include any expenditure for which a deduction or credit is claimed by the taxpayer under this chapter for the taxable year or with respect to which the taxpayer receives any Federal energy efficiency rebate. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Special rules.--Rules similar to the rules under paragraphs (4), (5), (6), (7), and (8) of section 25D(e) and section 25C(e)(2) shall apply, as determined by the Secretary, after consultation with the Secretary of Energy. ``(4) Basis adjustments.--For purposes of this subtitle, if a credit is allowed under this section with respect to any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(5) Election not to claim credit.--No credit shall be determined under subsection (a) for the taxable year if the taxpayer elects not to have subsection (a) apply to such taxable year. ``(6) Multiple year retrofits.--If the taxpayer has claimed a credit under this section in a previous taxable year, the baseline energy use for the calculation of reduced energy use must be established after the previous retrofit has been placed in service. ``(f) Termination.--This section shall not apply with respect to any costs paid or incurred after December 31, 2016. ``(g) Secretary Review.--The Secretary, after consultation with the Secretary of Energy, shall establish a review process for the retrofits performed, including an estimate of the usage of the credit and a statistically valid analysis of the average actual energy use reductions, utilizing utility bill data collected on a voluntary basis, and report to Congress not later than June 30, 2014, any findings and recommendations for-- ``(1) improvements to the effectiveness of the credit under this section, and ``(2) expansion of the credit under this section to rental units.''. (b) Conforming Amendments.-- (1) Section 1016(a) is amended-- (A) by striking ``and'' at the end of paragraph (36), (B) by striking the period at the end of paragraph (37) and inserting ``, and'', and (C) by adding at the end the following new paragraph: ``(38) to the extent provided in section 25E(e)(4), in the case of amounts with respect to which a credit has been allowed under section 25E.''. (2) Section 6501(m) is amended by inserting ``25E(e)(5),'' after ``section''. (3) The table of sections for subpart A of part IV of subchapter A chapter 1 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Performance based energy improvements.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred for a qualified whole home energy efficiency retrofit placed in service after December 31, 2011.", "summary": "Cut Energy Bills at Home Act - Amends the Internal Revenue Code to allow individual taxpayers a tax credit for the cost of a qualified whole home energy efficiency retrofit for the purpose of reducing the energy use of the taxpayer's principal residence. Limits the amount of such credit to the lesser of $5,000 or 30% of the qualified home energy efficiency expenditures paid by the taxpayer to reduce residential energy use. Sets forth requirements for a qualified whole home energy efficiency retrofit, including design, testing, and documentation requirements. Terminates such credit after 2016. Directs the Secretary of the Treasury to establish a review process for home energy efficiency retrofits, including an estimate of usage of the tax credit and an analysis of the average actual energy use reductions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Asset Forfeiture Responsibility Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to strengthen and improve monitoring in the fisheries across the United States. SEC. 3. FISHERIES INVESTMENT FUND. (a) Establishment.--There is established in the general fund of the Treasury a separate account, which shall be known as the ``Fisheries Investment Fund''. (b) Source of Funds.-- (1) In general.--All sums received by the United States as fines, penalties, and forfeitures of property for violations of any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other marine resource law enforced by the Secretary of Commerce shall be deposited into the Fisheries Investment Fund. (2) Availability of funds.--Fees deposited in the Fisheries Investment Fund State shall remain available until expended. (c) Use of Funds.--Fees deposited in the Fisheries Investment Fund shall be used-- (1) subject to subsection (d), to reimburse reasonable attorneys' fees to a covered person; and (2) to conduct-- (A) the audit required by subsection (e); (B) enforcement activities as described in section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)), as amended by section 5; and (C) monitoring activities as described in subsection (l) of section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(l)), as added by section 4. (d) Reimbursement of Attorneys' Fees.-- (1) Authority to provide reimbursement.--During fiscal years 2012 and 2013, the Secretary of Commerce may reimburse the reasonable attorneys' fees of a covered person pursuant to subsection (c)(1). (2) Application.--A covered person seeking reimbursement under paragraph (1) shall submit to the Secretary an application for such reimbursement no more than 60 days after the date the Secretary directs a fisheries enforcement penalty be remitted to the covered person. (3) Definitions.--In this section: (A) Covered person.--The term ``covered person'' means any person-- (i) that the Secretary of Commerce has directed be remitted a fisheries enforcement penalty at the recommendation of the report of Special Master Swartwood; or (ii) that-- (I) submitted a complaint to the Special Master prior to May 7, 2011, seeking remittance of a fisheries enforcement penalty; and (II) the Secretary directs to receive such remittance or a portion of such remittance. (B) Reasonable attorneys' fees.--The term ``reasonable attorneys' fees'' means attorneys' fees expended by a covered person-- (i) seeking remittance of a fisheries enforcement penalty that the Secretary of Commerce directs be remitted to the covered person; (ii) that were incurred by the covered person prior to the date that is 60 days after such fisheries enforcement penalty was directed by the Secretary to be remitted to the covered person; and (iii) that the Secretary determines are reasonable. (e) Audit.--For each of the fiscal years 2012, 2013, and 2014, the Secretary of Commerce or the Secretary of the Treasury shall-- (1) prepare an annual audit plan for the Fisheries Investment Fund; (2) submit each such audit plan to the Inspector General of the Department of Commerce or the Inspector General of the Department of the Treasury, as appropriate; (3) carry out the audit; and (4) submit the final audit results to the Inspector General of the Department of Commerce or the Inspector General of the Department of the Treasury, as appropriate, upon completion. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to Secretary of Commerce from the Fisheries Investment Fund for each fiscal year beginning with fiscal year 2012-- (A) for the reimbursement of reasonable attorneys' fees pursuant to subsection (d), the amount necessary to provide such reimbursement; (B) for an audit required by subsection (e), the amount necessary to conduct such audit; (C) for enforcement activities described in section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)), as amended by section 5, an amount that is not more than 33 percent of the total remaining amount in the Fund; and (D) for monitoring activities described in subsection (l) of section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855), as added by section 4, the total remaining amount in the Fund less any amount appropriated pursuant to the authorization in subparagraph (C). (2) Total remaining amount in the fund.--In this subsection, the term ``total remaining amount in the Fund'' means the following: (A) For fiscal years 2012, the amount received by the United States in fiscal year 2011 as fines, penalties, and forfeitures of property for violations of any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other marine resource law enforced by the Secretary of Commerce less-- (i) the amount necessary to provide reimbursement pursuant to paragraph (1)(A) for fiscal year 2012; and (ii) the amount necessary to conduct an audit pursuant to paragraph (1)(B) for fiscal year 2012. (B) For a fiscal year after 2012, the amount deposited in the Fisheries Investment Fund for the prior fiscal year less-- (i) the amount necessary to provide reimbursement pursuant to paragraph (1)(A) for the current fiscal year; and (ii) the amount necessary to conduct an audit pursuant to paragraph (1)(B) for the current fiscal year. SEC. 4. USE OF FUNDS FOR MONITORING. Section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855) is amended by adding at the end the following new subsection: ``(l) Monitoring Activities.-- ``(1) In general.--The Secretary may pay from sums appropriated to the Secretary for monitoring activities from the Fisheries Investment Fund established under section 3(a) of the Asset Forfeiture Responsibility Act of 2011 monitoring activities selected by the Councils, including, in order of priority-- ``(A) at-sea observers and shoreside monitoring; ``(B) preparing fishery impact statements, as described in section 303(a)(9); and ``(C) other priorities established by a Council as necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, and maintain fishing communities. ``(2) Allocation of funds among councils.--For each fiscal year, the sums appropriated to the Secretary for monitoring activities from the Fisheries Investment Fund established under section 3(a) of the Asset Forfeiture Responsibility Act of 2011 and used to carry out monitoring activities under paragraph (1) shall be allocated among the Councils so that the proportion of such sums that a Council receives is equal to the proportion of the sums deposited in such Fund from violations occurring in the area over which that Council exercises fishery management jurisdiction.''. SEC. 5. USE OF FUNDS FOR ENFORCEMENT. (a) In General.--Section 311(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)) is amended-- (1) in paragraph (1)-- (A) by amendment the material preceding subparagraph (A) to read as follows: ``(1) The Secretary may pay from sums appropriated to the Secretary for enforcement activities from the Fisheries Investment Fund established under section 3(a) of the Asset Forfeiture Responsibility Act of 2011--''; and (B) by striking subparagraph (C); and (2) in paragraph (2), by moving such paragraph two ems to the left. (b) Conforming Amendment.--Section 311(f) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(f)) is amended by striking paragraph (4). SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to sums received on or after the date of the enactment of this Act.", "summary": "Asset Forfeiture Responsibility Act of 2011 - Establishes the Fisheries Investment Fund as a separate account in the general fund of the Treasury where all sums received by the United States as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) or any other marine resource law enforced by the Secretary of Commerce (Secretary) shall be deposited and remain available until expended. Directs that fees deposited in the Fund be used to: (1) reimburse reasonable attorneys' fees to a person that the Secretary has directed to be remitted a fisheries enforcement penalty as recommended in the report of Special Master Swartwood or a person that submitted a complaint to the Special Master prior to May 7, 2011, seeking remittance of a fisheries enforcement penalty and whom the Secretary directs to receive at least a portion of such remittance; and (2) conduct Fund audits and specified enforcement and monitoring activities under provisions of the Magnuson-Stevens Act amended by this Act. Authorizes the Secretary, during FY2012-FY2013, to reimburse reasonable attorneys' fees to such a person. Directs a person to apply for such reimbursement within 60 days after the Secretary directs a fisheries enforcement penalty be remitted to that person. Allows the Secretary to pay from sums appropriated from the Fund for monitoring activities selected by the Regional Fishery Management Councils, including at-sea observers and shoreside monitoring, preparing fishery impact statements, and other priorities established by a Council as necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, and maintain fishing communities. Removes a provision allowing expenses directly related to investigations and civil or criminal enforcement proceedings, including related expenses necessary for equipment, training, travel, witnesses, and contracting services, to be paid from sums received as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Act or any other fishery resource law enforced by the Secretary. Authorizes certain other costs and enforcement expenses to be paid from sums appropriated from the Fund."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Reliability Improvement Act of 2003''. SEC. 2. ELECTRIC RELIABILITY STANDARDS. Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by inserting the following new section at the end thereof: ``SEC. 215. ELECTRIC RELIABILITY. ``(a) Definitions.--For purposes of this section-- ``(1) The term `bulk-power system' means-- ``(A) facilities and control systems necessary for operating an interconnected electric energy transmission network (or any portion thereof); and ``(B) electric energy from generation facilities needed to maintain transmission system reliability. The term does not include facilities used in the local distribution of electric energy. ``(2) The terms `Electric Reliability Organization' and `ERO' mean the organization certified by the Commission under subsection (c) the purpose of which is to establish and enforce reliability standards for the bulk-power system, subject to Commission review. ``(3) The term `reliability standard' means a requirement, approved by the Commission under this section, to provide for reliable operation of the bulk-power system. The term includes requirements for the operation of existing bulk-power system facilities and the design of planned additions or modifications to such facilities to the extent necessary to provide for reliable operation of the bulk-power system, but the term does not include any requirement to enlarge such facilities or to construct new transmission capacity or generation capacity. ``(4) The term `reliable operation' means operating the elements of the bulk-power system within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of such system will not occur as a result of a sudden disturbance or unanticipated failure of system elements. ``(5) The term `Interconnection' means a geographic area in which the operation of bulk-power system components is synchronized such that the failure of one or more of such components may adversely affect the ability of the operators of other components within the system to maintain reliable operation of the facilities within their control. ``(6) The term `transmission organization' means a regional transmission organization, independent system operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities. ``(7) The term `regional entity' means an entity having enforcement authority pursuant to subsection (e)(4). ``(b) Jurisdiction and Applicability.--(1) The Commission shall have jurisdiction, within the United States, over the ERO certified by the Commission under subsection (c), any regional entities, and all users, owners and operators of the bulk-power system, including but not limited to the entities described in section 201(f), for purposes of approving reliability standards established under this section and enforcing compliance with this section. All users, owners and operators of the bulk-power system shall comply with reliability standards that take effect under this section. ``(2) The Commission shall issue a final rule to implement the requirements of this section not later than 180 days after the date of enactment of this section. ``(c) Certification.--Following the issuance of a Commission rule under subsection (b)(2), any person may submit an application to the Commission for certification as the Electric Reliability Organization (ERO). The Commission may certify one such ERO if the Commission determines that such ERO-- ``(1) has the ability to develop and enforce, subject to subsection (e)(2), reliability standards that provide for an adequate level of reliability of the bulk-power system; and ``(2) has established rules that-- ``(A) assure its independence of the users and owners and operators of the bulk-power system, while assuring fair stakeholder representation in the selection of its directors and balanced decisionmaking in any ERO committee or subordinate organizational structure; ``(B) allocate equitably reasonable dues, fees, and other charges among end users for all activities under this section; ``(C) provide fair and impartial procedures for enforcement of reliability standards through the imposition of penalties in accordance with subsection (e) (including limitations on activities, functions, or operations, or other appropriate sanctions); ``(D) provide for reasonable notice and opportunity for public comment, due process, openness, and balance of interests in developing reliability standards and otherwise exercising its duties; and ``(E) provide for taking, after certification, appropriate steps to gain recognition in Canada and Mexico. ``(d) Reliability Standards.--(1) The Electric Reliability Organization shall file each reliability standard or modification to a reliability standard that it proposes to be made effective under this section with the Commission. ``(2) The Commission may approve, by rule or order, a proposed reliability standard or modification to a reliability standard if it determines that the standard is just, reasonable, not unduly discriminatory or preferential, and in the public interest. The Commission shall give due weight to the technical expertise of the Electric Reliability Organization with respect to the content of a proposed standard or modification to a reliability standard and to the technical expertise of a regional entity organized on an Interconnection-wide basis with respect to a reliability standard to be applicable within that Interconnection, but shall not defer with respect to the effect of a standard on competition. A proposed standard or modification shall take effect upon approval by the Commission. ``(3) The Electric Reliability Organization shall rebuttably presume that a proposal from a regional entity organized on an Interconnection-wide basis for a reliability standard or modification to a reliability standard to be applicable on an Interconnection-wide basis is just, reasonable, and not unduly discriminatory or preferential, and in the public interest. ``(4) The Commission shall remand to the Electric Reliability Organization for further consideration a proposed reliability standard or a modification to a reliability standard that the Commission disapproves in whole or in part. ``(5) The Commission, upon its own motion or upon complaint, may order the Electric Reliability Organization to submit to the Commission a proposed reliability standard or a modification to a reliability standard that addresses a specific matter if the Commission considers such a new or modified reliability standard appropriate to carry out this section. ``(6) The final rule adopted under subsection (b)(2) shall include fair processes for the identification and timely resolution of any conflict between a reliability standard and any function, rule, order, tariff, rate schedule, or agreement accepted, approved, or ordered by the Commission applicable to a transmission organization. Such transmission organization shall continue to comply with such function, rule, order, tariff, rate schedule or agreement accepted approved, or ordered by the Commission until-- ``(A) the Commission finds a conflict exists between a reliability standard and any such provision; ``(B) the Commission orders a change to such provision pursuant to section 206 of this part; and ``(C) the ordered change becomes effective under this part. If the Commission determines that a reliability standard needs to be changed as a result of such a conflict, it shall order the ERO to develop and file with the Commission a modified reliability standard under paragraph (4) or (5) of this subsection. ``(e) Enforcement.--(1) The ERO may impose, subject to paragraph (2), a penalty on a user or owner or operator of the bulk-power system for a violation of a reliability standard approved by the Commission under subsection (d) if the ERO, after notice and an opportunity for a hearing-- ``(A) finds that the user or owner or operator has violated a reliability standard approved by the Commission under subsection (d); and ``(B) files notice and the record of the proceeding with the Commission. ``(2) A penalty imposed under paragraph (1) may take effect not earlier than the 31st day after the electric reliability organization files with the Commission notice of the penalty and the record of proceedings. Such penalty shall be subject to review by the Commission, on its own motion or upon application by the user, owner or operator that is the subject of the penalty filed within 30 days after the date such notice is filed with the Commission. Application to the Commission for review, or the initiation of review by the Commission on its own motion, shall not operate as a stay of such penalty unless the Commission otherwise orders upon its own motion or upon application by the user, owner or operator that is the subject of such penalty. In any proceeding to review a penalty imposed under paragraph (1), the Commission, after notice and opportunity for hearing (which hearing may consist solely of the record before the electric reliability organization and opportunity for the presentation of supporting reasons to affirm, modify, or set aside the penalty), shall by order affirm, set aside, reinstate, or modify the penalty, and, if appropriate, remand to the electric reliability organization for further proceedings. The Commission shall implement expedited procedures for such hearings. ``(3) On its own motion or upon complaint, the Commission may order compliance with a reliability standard and may impose a penalty against a user or owner or operator of the bulk-power system, if the Commission finds, after notice and opportunity for a hearing, that the user or owner or operator of the bulk-power system has engaged or is about to engage in any acts or practices that constitute or will constitute a violation of a reliability standard. ``(4) The Commission shall establish regulations authorizing the ERO to enter into an agreement to delegate authority to a regional entity for the purpose of proposing reliability standards to the ERO and enforcing reliability standards under paragraph (1) if-- ``(A) the regional entity is governed by-- ``(i) an independent board; ``(ii) a balanced stakeholder board; or ``(iii) a combination independent and balanced stakeholder board. ``(B) the regional entity otherwise satisfies the provisions of subsection (c)(1) and (2); and ``(C) the agreement promotes effective and efficient administration of bulk-power system reliability. The Commission may modify such delegation. The ERO and the Commission shall rebuttably presume that a proposal for delegation to a regional entity organized on an Interconnection-wide basis promotes effective and efficient administration of bulk-power system reliability and should be approved. Such regulation may provide that the Commission may assign the ERO's authority to enforce reliability standards under paragraph (1) directly to a regional entity consistent with the requirements of this paragraph. ``(5) The Commission may take such action as is necessary or appropriate against the ERO or a regional entity to ensure compliance with a reliability standard or any Commission order affecting the ERO or a regional entity. ``(6) Any penalty imposed under this section shall bear a reasonable relation to the seriousness of the violation and shall take into consideration the efforts of such user, owner, or operator to remedy the violation in a timely manner. ``(f) Changes in Electricity Reliability Organization Rules.--The Electric Reliability Organization shall file with the Commission for approval any proposed rule or proposed rule change, accompanied by an explanation of its basis and purpose. The Commission, upon its own motion or complaint, may propose a change to the rules of the Electric Reliability Organization. A proposed rule or proposed rule change shall take effect upon a finding by the Commission, after notice and opportunity for comment, that the change is just, reasonable, not unduly discriminatory or preferential, is in the public interest, and satisfies the requirements of subsection (c). ``(g) Reliability Reports.--The Electric Reliability Organization shall conduct periodic assessments of the reliability and adequacy of the bulk-power system in North America. ``(h) Coordination With Canada and Mexico.--The President is urged to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the effectiveness of the Electric Reliability Organization in the United States and Canada or Mexico. ``(i) Savings Provisions.--(1) The Electric Reliability Organization shall have authority to develop and enforce compliance with reliability standards for only the bulk-power system. ``(2) This section does not authorize the Electric Reliability Organization or the Commission to order the construction of additional generation or transmission capacity or to set and enforce compliance with standards for adequacy or safety of electric facilities or services. ``(3) Nothing in this section shall be construed to preempt any authority of any State to take action to ensure the safety, adequacy, and reliability of electric service within that State, as long as such action is not inconsistent with any reliability standard. ``(4) Within 90 days of the application of the Electric Reliability Organization or other affected party, and after notice and opportunity for comment, the Commission shall issue a final order determining whether a State action is inconsistent with a reliability standard, taking into consideration any recommendation of the Electric Reliability Organization. ``(5) The Commission, after consultation with the Electric Reliability Organization and the State taking action, may stay the effectiveness of any State action, pending the Commission's issuance of a final order. ``(j) Regional Advisory Bodies.--The Commission shall establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than one-half of their electric load served within the region. A regional advisory body shall be composed or of one member from each participating State in the region, appointed by the Governor of each State, and may include representatives of agencies, States, and provinces outside the United States. A regional advisory body may provide advice to the Electric Reliability Organization, a regional entity, or the Commission regarding the governance of an existing or proposed regional entity within the same region, whether a standard proposed to apply within the region is just, reasonable, not unduly discriminatory or preferential, and in the public interest, whether fees proposed to be assessed within the region are just, reasonable, not unduly discriminatory or preferential, and in the public interest and any other responsibilities requested by the Commission. The Commission may give deference to the advice of any such regional advisory body if that body is organized on an Interconnection-wide basis. ``(k) Application to Alaska and Hawaii.--The provisions of this section do not apply to Alaska or Hawaii.''.", "summary": "Electric Reliability Improvement Act of 2003 - Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) jurisdiction over a FERC-certified Electric Reliability Organization (ERO), established under this Act to enforce, subject to FERC review, reliability standards for the bulk-power system. Includes within such jurisdiction regional entities and all users, owners, and operators of the bulk-power system for purposes of approving reliability standards and enforcing compliance with this Act. Urges the President to negotiate international agreements with the governments of Canada and Mexico to provide effective compliance with reliability standards and the effectiveness of the ERO in the United States, Canada, or Mexico. Restricts to the bulk-power system only the ERO authority to develop and enforce compliance with reliability standards. Declares that this Act does not authorize the ERO or FERC to order construction of additional generation or transmission capacity, or to set and enforce compliance with standards for adequacy or safety of electric facilities or services. Directs FERC to establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than one-half of their electric load served within the region. Authorizes such body to advise the ERO, a regional entity, or FERC. Declares this Act inapplicable to Alaska or Hawaii."}
{"article": "SECTION 1. SHORT TITLE. This Act may be referred to as the ``Land Management Agency Housing Improvement Act of 1994''. SEC. 2. DEFINITIONS. As used in this Act, the term-- (1) ``public lands'' means Federal lands administered by the Secretary of the Interior or the Secretary of Agriculture; and (2) ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture. SEC. 3. EMPLOYEE HOUSING. (a)(1) To promote the recruitment and retention of qualified personnel necessary for the effective management of public lands, the Secretaries are authorized to-- (A) make employee housing available, subject to the limitations set forth in paragraph (2), on or off public lands, and (B) rent or lease such housing to employees of the respective Department at a reasonable value. (2)(A) Housing made available on public lands shall be limited to those areas designated for administrative use. (B) No private lands or interests therein outside of the boundaries of federally administered areas may be acquired for the purposes of this Act except with the consent of the owner thereof. (b) The Secretaries shall provide such housing in accordance with this Act and section 5911 of title 5, United States Code, except that for the purposes of this Act, the term-- (1) ``availability of quarters'' (as used in this Act and subsection (b) of section 5911) means the existence, within thirty miles of the employee's duty station, of well- constructed and maintained housing suitable to the individual and family needs of the employee, for which the rental rate as a percentage of the employee's annual gross income does not exceed the most recent Census Bureau American Housing Survey median monthly housing cost for renters inclusive of utilities, as a percentage of current income, whether paid as part of rent or paid directly to a third party; (2) ``contract'' (as used in this Act and subsection (b) of section 5911) includes, but is not limited to, ``Build-to- Lease'', ``Rental Guarantee'', ``Joint Development'' or other lease agreements entered into by the Secretary, on or off public lands, for the purposes of sub-leasing to Departmental employees; and (3) ``reasonable value'' (as used in this Act and subsection (c) of section 5911) means the base rental rate comparable to private rental rates for comparable housing facilities and associated amenities: Provided, That the base rental rate as a percentage of the employee's annual gross income shall not exceed the most recent American Housing Survey median monthly housing cost for renters inclusive of utilities, as a percentage of current income, whether paid as part of rent or paid directly to a third party. (c) Subject to appropriation, the Secretaries may enter into contracts and agreements with public and private entities to provide employee housing on or off public lands. (d) The Secretaries may enter into cooperative agreements or joint ventures with local governmental and private entities, either on or off public lands, to provide appropriate and necessary utility and other infrastructure facilities in support of employee housing facilities provided under this Act. SEC. 4. SURVEY OF RENTAL QUARTERS. The Secretaries shall conduct a survey of the availability of quarters at field units under each Secretary's jurisdiction at least every five years. If such survey indicates that government owned or suitable privately owned quarters are not available as defined in section 3(b)(1) of this Act for the personnel assigned to a specific duty station, the Secretaries are authorized to provide suitable quarters in accordance with the provisions of this Act. For the purposes of this section, the term ``suitable quarters'' means well- constructed, maintained housing suitable to the individual and family needs of the employee. SEC. 5. SECONDARY QUARTERS. (a) The Secretaries may determine that secondary quarters for employees who are permanently duty stationed at remote locations and are regularly required to relocate for temporary periods are necessary for the effective administration of an area under the jurisdiction of the respective agency. Such secondary quarters are authorized to be made available to employees, either on or off public lands, in accordance with the provisions of this Act. (b) Rental rates for such secondary facilities shall be established so that the aggregate rental rate paid by an employee for both primary and secondary quarters as a percentage of the employee's annual gross income shall not exceed the Census Bureau American Housing Survey median monthly housing cost for renters inclusive of utilities as a percentage of current income, whether paid as part of rent or paid directly to a third party. SEC. 6. SURVEY OF EXISTING FACILITIES. (a) Within two years after the date of enactment of this Act, the Secretaries shall survey all existing government owned employee housing facilities under the jurisdiction of the Department of the Interior and the Department of Agriculture, to assess the physical condition of such housing and the suitability of such housing for the effective prosecution of the agency mission. The Secretaries shall develop an agency-wide priority listing, by structure, identifying those units in greatest need of repair, rehabilitation, replacement or initial construction, as appropriate. The survey and priority listing study shall be transmitted to the Committees on Appropriations and Energy and Natural Resources of the United States Senate and the Committees on Appropriations and Natural Resources of the United States House of Representatives. (b) Unless otherwise provided by law, expenditure of any funds appropriated for construction, repair or rehabilitation shall follow, in sequential order, the priority listing established by each agency. Funding available from other sources for employee housing repair may be distributed as determined by the Secretaries. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Passed the Senate June 16 (legislative day, June 7), 1994. Attest: MARTHA S. POPE, Secretary.", "summary": "Land Management Agency Housing Improvement Act of 1994 - Authorizes the Secretaries of the Interior and of Agriculture to make employee housing available on or off public lands and to rent or lease housing to employees at a reasonable value. Directs the Secretaries to conduct a survey of the availability of quarters at field units at least every five years. Authorizes the Secretaries to provide suitable quarters under this Act if such survey indicates that government owned or suitable privately owned quarters are not available to the personnel assigned to a specific duty station. Authorizes the Secretaries to: (1) determine that secondary quarters for employees who are permanently duty stationed at remote locations and are regularly required to relocate for temporary periods are necessary for the effective administration of an area; and (2) make such secondary quarters available to employees either on or off public lands. Requires the Secretaries to survey all existing government owned employee housing facilities under the jurisdiction of the Departments of the Interior and of Agriculture to assess physical condition and suitability. Directs the Secretaries to develop an agency-wide priority listing, by structure, identifying those units in greatest need of repair, rehabilitation, replacement, or initial construction and to transmit such survey and listing to specified congressional committees. Specifies that: (1) unless otherwise provided by law, expenditure of any funds appropriated for construction, repair, or rehabilitation shall follow the priority listing established by each agency; and (2) funding available from other sources for employee housing repair may be distributed as determined by the Secretaries. Authorizes appropriations."}
{"article": "SECTION 1. FINDINGS. The Congress finds that-- (1) lead is a naturally occurring element which has been used in a variety of industrial applications including radiation shields, storage batteries, paint, and gasoline; (2) 1 in 6 United States children are victims of lead poisoning, according to the Agency for Toxic Substances and Disease Registry; (3) lead poses a significant environmental health problem since adverse effects have been conclusively demonstrated at relatively low exposures; (4) lead exposures to children under age 7 are of greatest concern because of its association with significant neurotoxic effects, including reduction in intelligence, attention span deficits, and reading and learning disabilities; (5) the quantity of lead in house dust appears to be the best single indicator of lead levels in the blood of an infant; (6) past efforts to abate lead-based paint have relied on methods which endangered workers and often resulted in more available lead dust for the occupants; (7) improving methods for testing and abating lead-based paint offers a highly cost effective means of reducing exposures and thus preventing childhood lead poisoning; and (8) the efforts of the Federal Government to develop and disseminate information on the most effective techniques to lower human exposure to lead should be improved. SEC. 2. DETECTION TECHNOLOGIES. (a) Emerging Technologies Research.--The Administrator of the Environmental Protection Agency, in consultation with the heads of other appropriate Federal agencies, shall develop methods for conducting evaluations of lead detection products and techniques. The Administrator shall make available to the public the results of any evaluations conducted by such methods as the results of the evaluations become available. (b) Standardization.--Within 2 years after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology, in consultation with the Administrator of the Environmental Protection Agency, shall establish protocols, criteria, and minimum performance standards to be used in the evaluations described in subsection (a) and to ensure reliable, accurate, and effective lead detection technologies. SEC. 3. LEAD EXPOSURE IN CHILDREN. The Administrator of the Environmental Protection Agency, in consultation with the heads of other appropriate Federal agencies, shall conduct a long-term research study to establish the sources of lead exposure for children under the age of seven years. The research shall, to the greatest extent possible-- (1) establish profiles for the percentage of such children who have an exposure to a particular lead source (such as lead- based paint and dust from lead-based paint), and the particular route of such exposure (such as drinking water, food, air, and soil); (2) establish the percentage of each particular kind of exposure and route of exposure described in paragraph (1); and (3) be broken down by region, economic strata, and any other demographic feature the Administrator considers to be appropriate. SEC. 4. RESEARCH ON ABATEMENT AND IN-PLACE MANAGEMENT TECHNIQUES. The Director of the National Institute of Standards and Technology, in consultation with the Administrator of the Environmental Protection Agency and the heads of other appropriate Federal agencies, shall carry out research studies to evaluate which practices and techniques are most effective in reducing human exposure to lead. The research studies shall emphasize the development of new technologies and shall address the cost effectiveness of such practices and techniques. The Administrator shall make available to the public the results of such studies as the results become available. SEC. 5. LEAD REMOVAL AND CONTAINMENT PRODUCTS. (a) Research.--The Director of the National Institute of Standards and Technology, in consultation with the Administrator of the Environmental Protection Agency and the heads of other appropriate Federal agencies, shall conduct research on the safety, efficacy, durability, and other relevant performance properties of lead removal and containment products. (b) Standardization.--Within 24 months after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall establish performance criteria and standards for lead removal and containment products. SEC. 6. PUBLIC EDUCATION. The Administrator of the Environmental Protection Agency, in cooperation with other appropriate Federal agencies, shall sponsor public education and outreach efforts to increase awareness of the scope, severity, and sources of lead exposure. The Administrator shall focus such public education and efforts in a manner which provides, to the greatest extent possible, information to the children for whom profiles are established in section 3 about the particular kind and route of lead exposure of such children. SEC. 7. USE OF CLEARINGHOUSE AND TELEPHONE HOTLINE. The Administrator of the Environmental Protection Agency shall ensure that any information which is made available to the public pursuant to this Act is made available through the clearinghouse and hotline established pursuant to section 405(e) of the Toxic Control Substances Act (15 U.S.C. 2601 et seq.) in addition to any other means of availability the Administrator considers to be appropriate. SEC. 8. STATE PROGRAMS. (a) Grant Assistance.--The Governor of a State may apply to the Administrator of the Environmental Protection Agency for a grant to compile (particularly through the use of questionnaires) data on lead exposure in the State, to coordinate with other States the collection of such data in order to build a national data base on lead exposure, and to carry out public outreach programs on lead exposure. (b) Grant Management.-- (1) Criteria for selection.--In selecting States for grants under subsection (a) the Administrator shall review-- (A) the previous experience of the State in addressing lead exposure and lead exposure data collection issues; (B) the seriousness of the lead exposure issues identified by the State; and (C) the State standards for techniques and practices to reduce human exposure to lead. (2) Availability of sufficient funding.--In selecting States for grants under subsection (a), the Administrator shall focus resources to ensure that sufficient funds are available to selected States to provide for comprehensive collection and coordination of lead exposure data and for sufficient public outreach programs. (3) Federal share of funding.--The Federal share of grants under subsection (a) shall not exceed 75 percent of the costs incurred by the State to carry out the activities described in such subsection and shall be made on the condition that the non-Federal share is provided from non-Federal funds. (4) Availability of funds.--Funds granted pursuant to subsection (a) in a fiscal year shall remain available for obligation for that fiscal year and for the next following fiscal year. (5) Limitation on receipt of grant in following year.--No grant shall be made under this section in any fiscal year to a State which in the preceding year received a grant under this section unless the Administrator determines that such State satisfactorily implemented such grant activities in such preceding fiscal year. (6) Information required in grant application.--States shall provide such information in applications for grant assistance and pertaining to grant funded activities as the Administrator requires. (c) Coordination.--In carrying out this section, the Administrator shall coordinate with the Director of the National Institute of Standards and Technology. SEC. 9. REPORTS. Not later than 24 months after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology and the Administrator of the Environmental Protection Agency shall jointly submit to the Congress an initial report detailing the activities undertaken by the Director and the Administrator pursuant to this Act, including the results of studies conducted pursuant to this Act and any recommendations for administrative and legislative action that the Director and the Administrator consider appropriate. After submission of the initial report, the Director and the Administrator shall submit to the Congress an update of the initial report as often as the Director and the Administrator consider necessary.", "summary": "Requires the Administrator of the Environmental Protection Agency to: (1) develop evaluation methods for lead detection products and techniques; (2) conduct long-term research to establish the sources of children's lead exposure; and (3) sponsor related public education and outreach efforts, including telephone hotline and clearinghouse systems. Requires the Director of the National Institute of Standards and Technology to conduct research on: (1) effective practices, techniques, and new technologies to reduce human exposure to lead; and (2) safety and effectiveness of lead removal and containment products. Authorizes State grants for compilation of lead exposure data."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Farm Protection Act of 1995''. SEC. 2. TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT. (a) Estate Tax With Respect to Land Subject to a Qualified Conservation Easement.--Section 2031 of the Internal Revenue Code of 1986 (relating to the definition of gross estate) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Estate Tax With Respect to Land Subject to a Qualified Conservation Easement.-- ``(1) In general.--If the executor makes the election described in paragraph (3), then, except as otherwise provided in this subsection, there shall be excluded from the gross estate the value of land subject to a qualified conservation easement (reduced by the amount of any indebtedness to which such land is subject). ``(2) Treatment of Retained Development Right.-- ``(A) In general.--Paragraph (1) shall not apply to the value of any development right retained by the donor in the conveyance of a qualified conservation easement. The tax imposed by section 2001 (if any) attributable to any development right so retained shall be imposed only upon the disposition of such property. The tax so imposed shall be due and payable by the person so disposing of such property on the 15th day of the 4th month following the calendar year in which such disposition occurs. ``(B) Definitions.--For purposes of this paragraph-- ``(i) Disposition.--The term `disposition' shall not include any gift or devise. ``(ii) Development right.--The term `development right' means the right to establish or use any structure and the land immediately surrounding it for sale, rent, or any other commercial purpose which is not subordinate to and directly supportive of-- ``(I) the conservation purpose identified in the easement, or ``(II) the activity of farming, forestry, ranching, horticulture, viticulture, or recreation (whether or not for profit) conducted on land subject to the easement in which such right is retained. ``(3) Election.--The election under this subsection shall be made on the return of the tax imposed by section 2001. Such an election, once made, shall be irrevocable. ``(4) Calculation and notice of potential estate tax due.-- An executor making the election described in paragraph (3) shall compute the amount of tax imposed by section 2001 upon any development right (as defined in paragraph (2)) retained by the donor in the conveyance of such qualified conservation easement and include such computation with the return of the tax imposed by section 2001. The executor shall also file a `Notice of Potential Estate Tax Due' in the place or places where deeds are put to public record for the locality in which the land subject to such qualified conservation easement is located. The report of the computation of tax on any retained development right and the filing of the notice prescribed in this paragraph shall be done in such manner and on such forms as the Secretary shall prescribe. ``(5) Definitions.--For purposes of this subsection-- ``(A) Land subject to a qualified conservation easement.--The term `land subject to a qualified conservation easement' means land-- ``(i) which is located in or within 50 miles of an area which, on the date of the decedent's death, is-- ``(I) a metropolitan area (as defined by the Office of Management and Budget), or ``(II) a National Park (unless it is determined by the Secretary that land in or within 50 miles of such a Park is not under significant development pressure), ``(ii) which was owned by the decedent or a member of the decedent's family at all times during the 3-year period ending on the date of the decedent's death, and ``(iii) with respect to which a qualified conservation easement is or has been made by the decedent or a member of the decedent's family. ``(B) Qualified conservation easement.--The term `qualified conservation easement' means a qualified conservation contribution (as defined in section 170(h)(1)) of a qualified real property interest (as defined in section 170(h)(2)(C)). Clause (iv) of section 170(h)(4)(A) shall not apply for purposes of the preceding sentence. ``(C) Member of family.--The term `member of the decedent's family' means any member of the family (as defined in section 2032A(e)(2)) of the decedent.'' (b) Carryover Basis.--Section 1014(a) of such Code (relating to basis of property acquired from a decedent) is amended by striking the period at the end of paragraph (3) and inserting ``, or'' and by adding after paragraph (3) the following new paragraph: ``(4) to the extent of the applicability of the exclusion described in section 2031(c), the basis in the hands of the decedent.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 1994. SEC. 3. GIFT TAX ON LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT. (a) Gift Tax With Respect to Land Subject to a Qualified Conservation Easement.--Section 2503 of the Internal Revenue Code of 1986 (relating to taxable gifts) is amended by adding at the end the following new subsection: ``(h) Gift Tax With Respect to Land Subject to a Qualified Conservation Easement.--The transfer by gift of land subject to a qualified conservation easement shall not be treated as a transfer of property by gift for purposes of this chapter. For purposes of this subsection, the term `land subject to a qualified conservation easement' has the meaning given to such term by section 2031(c); except that references to the decedent shall be treated as references to the donor and references to the date of the decedent's death shall be treated as references to the date of the transfer by the donor.'' (b) Effective Date.--The amendment made by this section shall apply to gifts made after December 31, 1994. SEC. 4. QUALIFIED CONSERVATION CONTRIBUTION IS NOT A DISPOSITION. (a) Qualified Conservation Contribution Is Not a Disposition.-- Subsection (c) of section 2032A of the Internal Revenue Code of 1986 (relating to alternative valuation method) is amended by adding at the end the following new paragraphs: ``(8) Qualified conservation contribution is not a disposition.--A qualified conservation contribution (as defined in section 170(h)) by gift or otherwise shall not be deemed a disposition under subsection (c)(1)(A). ``(9) Exception for real property is land subject to a qualified conservation easement.--If qualified real property is land subject to a qualified conservation easement (as defined in section 2031(c)), the preceding paragraphs of this subsection shall not apply.'' (b) Land Subject to a Qualified Conservation Easement Is Not Disqualified.--Subsection (b) of section 2032A of such Code (relating to alternative valuation method) is amended by adding at the end the following paragraph: ``(E) If property is otherwise qualified real property, the fact that it is land subject to a qualified conservation easement (as defined in section 2031(c)) shall not disqualify it under this section.'' (c) Effective Date.--The amendments made by this section shall apply with respect to contributions made, and easements granted, after December 31, 1994.", "summary": "American Farm Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate tax the value of land subject to a qualified conservation easement (less the amount of any indebtedness secured by such land). Includes in the gross estate tax the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due upon the disposition of the property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss. Excludes from the gift tax transfers by gift of land subject to a conservation easement. Declares that for purposes of the alternative estate valuation method: (1) a qualified conservation contribution is not a disposition; and (2) land subject to a conservation easement is not disqualified."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid and CHIP Quality Improvement Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Despite the fact that Federal and State governments spend hundreds of billions of dollars every year on care for Americans through the Medicaid and CHIP programs, there is no nationwide, systematic method of reporting, collecting, evaluating, or improving the quality of care across all payment and delivery systems (fee-for-service, managed care, primary care case management, or other mechanisms). (2) Although the quality of care delivered through Medicaid health plans is frequently measured, there is no method or mechanism to systematically improve the quality of care provided to all Medicaid and CHIP beneficiaries. (3) For the majority of Medicaid and CHIP enrollees who are served by primary care case management or fee-for-service arrangements, there are no Federal requirements for comparable quality monitoring or improvement. Thus there currently is no ability to make fair assessments across all modes of care for Medicaid and CHIP enrollees. (4) State flexibility and the resulting opportunities for innovation are hallmarks of the partnership between Federal and State governments in the Medicaid and CHIP programs. Without a way to systematically measure quality, however, policymakers cannot know which innovations are the most effective. SEC. 3. MEASURING AND REPORTING ON COMPARABLE HEALTH CARE QUALITY MEASURES FOR ALL PERSONS ENROLLED IN MEDICAID. (a) Quality Assurance Standards.--Section 1932(c)(1)(A) of the Social Security Act (42 U.S.C. 1396u-2(c)(1)(A)) is amended by inserting ``or comparable primary care case management services providers described in section 1905(t) as well as health care services furnished in fee-for-service settings or other delivery systems'' after ``1903(m)''. (b) Adult Health Quality Measures.--Section 1139B of the Social Security Act (42 U.S.C. 1320b-9b) is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3), the following: ``(4) Quality reporting for medicaid eligible adults.-- Beginning not later than January 1 of the calendar year that begins on or after the date that is 2 years after the date of enactment of the Medicaid and CHIP Quality Improvement Act of 2016, and annually thereafter, the Secretary shall require States to use the measures and approaches identified in paragraph (3) to report on the initial core set of quality measures for Medicaid eligible adults identified in paragraph (2), subject to revisions made in accordance with paragraph (6)(B). Such reporting shall be stratified by delivery system, including managed care organizations under section 1932, benchmark plans under section 1937, primary care case management services providers described in section 1905(t), health care services in fee-for-service settings, and other delivery systems, except that the Secretary may determine that reporting on certain measures should not be stratified by delivery system because such stratification would not be feasible or the delivery systems are not comparable with respect to the application of such measures. In addition to the stratification required under the previous sentence, the Secretary shall have the discretion to further stratify reporting on certain measures based on factors such as eligibility category, income level, or other differentiating factors that could have an impact on the comparability of the measure.''; and (2) in subsection (d)-- (A) in paragraph (1)(A), by striking ``under the such plan'' and all that follows through ``subsection (a)(5)'' and inserting ``under such plan or waiver, including measures described in subsection (b)(2), subject to revisions made in accordance with subsection (b)(6)(B)''; (B) in paragraph (1)(B), by inserting ``, or comparable primary care case management services providers described in section 1905(t), as well as health care services furnished in fee-for-service settings or other delivery systems'' after ``section 1937''; and (C) in paragraph (2), by inserting before the period the following: ``, including analysis of comparable quality measures for Medicaid eligible adults who receive their health services through managed care, primary care case management, and fee- for-service settings or other delivery systems''. (c) Pediatric Health Care Measures.-- (1) In general.--Section 1139A of the Social Security Act (42 U.S.C. 1320b-9a) is amended-- (A) in subsection (a)-- (i) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and (ii) by inserting after paragraph (4), the following: ``(5) Reporting of pediatric health care measures.-- Beginning not later than January 1 of the calendar year that begins on or after the date that is 2 years after the date of enactment of the Medicaid and CHIP Quality Improvement Act of 2016, and annually thereafter, the Secretary shall require States to use the measures and approaches identified in paragraph (4) to report on the initial core child health care quality measures established under this subsection and as such measures subsequently are updated under subsection (b)(5). Such reporting shall be stratified by delivery system, including managed care organizations under section 1932, benchmark plans under sections 1937 and 2103, primary care case management services providers described in section 1905(t), health care services in fee-for-service settings, and other delivery systems, except that the Secretary may determine that reporting on certain measures should not be stratified by delivery system because such stratification would not be feasible or the delivery systems are not comparable with respect to the application of such measures. In addition to the stratification required under the previous sentence, the Secretary shall have the discretion to further stratify reporting on certain measures based on factors such as eligibility category, income level, or other differentiating factors that could have an impact on the comparability of the measure.''; and (B) in subsection (c)-- (i) in paragraph (1)(A), by striking ``measures described in subparagraphs (A) and (B) of subsection (a)(6)'' and inserting ``the core measures described in subsection (a), as revised in accordance with subsection (b)(5)''; (ii) in paragraph (1)(B), by inserting before the period the following: ``, or comparable primary care case management services providers described in section 1905(t), as well as healthcare services furnished in fee-for-service settings or other delivery systems''; and (iii) in paragraph (2), by inserting before the period the following: ``, including analysis of comparable quality measures for children eligible for medical assistance under title XIX or child health assistance under title XXI who receive their health services through managed care, primary care case management, and fee-for-service settings or other delivery systems''. (2) Effective date.--The amendments made by this subsection shall take effect as if included in the enactment of section 1139A of the Social Security Act, as added by section 401(a) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3). SEC. 4. PERFORMANCE BONUSES FOR SIGNIFICANT ACHIEVEMENT IN MEDICAID AND CHIP QUALITY PERFORMANCE. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Performance Bonus for Quality Performance Achievement.-- ``(1) In general.--The Secretary shall establish a Medicaid Quality Performance Bonus fund for awarding performance bonuses to States for high attainment and improvement on a core set of quality measures related to the goals and purposes of the Medicaid program under this title. ``(2) Quality performance bonus methodology.--Not later than 3 years after the date of enactment of the Medicaid and CHIP Quality Improvement Act of 2016, the Secretary shall establish a methodology for awarding Medicaid quality performance bonuses to States not less than annually in accordance with paragraph (3) and subject to the availability of appropriations. Medicaid quality performance bonuses shall be awarded on the basis of the annual State reports required under sections 1139A and 1139B and in accordance with regulations promulgated by the Secretary. ``(3) Quality performance measurement bonuses.--Medicaid quality performance bonuses shall be awarded to the following 10 States: ``(A) The top 5 States achieving the designation of superior quality performing State under criteria established by the Secretary. ``(B) The 5 States that-- ``(i) are not among the States described in subparagraph (A); and ``(ii) demonstrate the greatest relative level of annual improvement in quality performance under criteria established by the Secretary. ``(4) Initial appropriation.-- ``(A) In general.--The total amount of Medicaid quality performance bonuses made under this subsection for all fiscal years shall be equal to $500,000,000, to be available until expended. ``(B) Budget authority.--This paragraph constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this paragraph. ``(5) Use of quality performance bonus funds.-- ``(A) Designation for quality improvement activities.--As a condition of receiving a Medicaid quality performance bonus under this subsection, a State shall agree to designate at least 75 percent of the bonus funds paid to the State under this subsection for a fiscal year for the development and operation of quality-related initiatives that will directly benefit providers or managed care entities participating in the State plan under this title or under a waiver of such plan, including-- ``(i) pay-for-performance programs; ``(ii) collaboration initiatives that have been demonstrated to improve performance on quality; ``(iii) quality improvement initiatives, including those aimed at improving care for special and hard-to-reach populations, and those directed to managed care entities; and ``(iv) such other Secretary-approved activities and initiatives that a State may pursue to encourage quality improvement and patient-focused high value care. ``(B) State option to establish criteria.--A State may establish criteria for the State performance program carried out under subparagraph (A) that limits the award to a particular provider or entity type, that limits application to a specific geographic area, or that directs incentive programs for quality-related activities for specific populations, including individuals eligible under this title and title XVIII and hard-to-reach populations. ``(C) Remaining bonus funds.--A State may designate up to 25 percent of the bonus funds paid to the State under this subsection for a fiscal year for activities related to the goals and purposes of the State program under this title.''.", "summary": "Medicaid and Chip Quality Improvement Act of 2016 This bill amends titles XI (General Provisions) and XIX (Medicaid) of the Social Security Act to expand reporting requirements with respect to the quality of care provided under Medicaid and the Children's Health Insurance Program (CHIP). Current law requires a state that contracts with a Medicaid managed organization to develop and implement a quality assessment and improvement strategy. The bill extends this requirement to state contracts with providers of comparable primary care case management services and other health care services under Medicaid. With respect to adults eligible for Medicaid and children enrolled in Medicaid or CHIP, a state must report annually on quality measures identified by the Centers for Medicare & Medicaid Services (CMS). Such reporting shall be stratified by service delivery system. CMS shall establish a Medicaid Quality Performance Bonus fund to award states for high attainment and improvement on a core set of quality measures. A state must designate at least 75% of any bonus funds for the development and operation of quality-related initiatives that will directly benefit providers or managed care entities participating in, or under a waiver of, the state plan for medical assistance. A state may use the remainder of such funds for activities related to the goals and purposes of the state plan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Materials Corridor Partnership Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) the region adjacent to the 2,000-mile border between the United States and Mexico is an important region for energy- intensive manufacturing and materials industries critical to the economic and social wellbeing of both countries; (2) there are currently more than 800 multinational firms (including firms known as ``maquiladoras'') representing United States investments of more than $1,000,000,000 in the San Diego, California, and Tijuana, Baja California, border region and in the El Paso, Texas, and Juarez, Chihuahua, border region; (3) materials and materials-related industries comprise a major portion of the industries operating on both sides of the border, amounting to more than $6,800,000,000 in annual commerce on the Mexican side alone; (4) there are a significant number of major institutions in the border States of both countries currently conducting academic and research activities in materials; (5)(A) the United States Government currently invests approximately $1,000,000,000 annually in materials research, of which, in 1996, the Department of Energy funded the largest proportion of civilian materials research; and (B) there are also major materials programs at the National Science Foundation, the National Institute of Standards and Technology, and Department of Defense, among other entities; (6) the United States and Mexico have invested heavily in domestic and binational cooperative programs to address major concerns for the natural resources, environment, and public health of the United States-Mexico border region, expending hundreds of millions of dollars annually in those efforts; (7)(A) scientific and technical advances in materials and materials processing provide major opportunities for-- (i) significantly improving energy efficiency; (ii) reducing emissions of global climate change gases; (iii) using recycled natural resources as primary materials for industrial production; and (iv) minimizing industrial wastes and pollution; and (B) such advances will directly benefit both sides of the United States-Mexico border by encouraging energy efficient, environmentally sound economic development that protects the health and natural resources of the border region; (8)(A) promoting clean materials industries in the border region that are energy efficient has been identified as a high priority issue by the United States-Mexico Foundation for Science Cooperation; and (B) at the 1998 discussions of the United States-Mexico Binational Commission, Mexico formally proposed joint funding of a ``Materials Corridor Partnership Initiative'', proposing $1,000,000 to implement the Initiative if matched by the United States; (9) recognizing the importance of materials and materials processing, academic and research institutions in the border States of both the United States and Mexico, in conjunction with private sector partners of both countries, and with strong endorsement from the Government of Mexico, in 1998 organized the Materials Corridor Council to implement a cooperative program of materials research and development, education and training, and sustainable industrial development as part of the Materials Corridor Partnership Initiative; and (10) successful implementation of the Materials Corridor Partnership Initiative would advance important United States energy, environmental, and economic goals not only in the United States-Mexico border region but also as a model for similar collaborative materials initiatives in other regions of the world. SEC. 3. PURPOSE. The purpose of this Act is to establish a multiagency program in support of the Materials Corridor Partnership Initiative referred to in section 2(8) to promote energy efficient, environmentally sound economic development along the United States-Mexico border through the research, development, and use of new materials technology. SEC. 4. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the program established under section 5(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 5. ESTABLISHMENT AND IMPLEMENTATION OF THE PROGRAM. (a) Establishment.-- (1) In general.--The Secretary shall establish a comprehensive program to promote energy efficient, environmentally sound economic development along the United States-Mexico border through the research, development, and use of new materials technology. (2) Considerations.--In developing the program, the Secretary shall give due consideration to the proposal made to the United States-Mexico Binational Commission for the Materials Corridor Partnership Initiative. (b) Participation of Other Federal Agencies.--The Secretary shall organize and conduct the program jointly with-- (1) the Department of State; (2) the Environmental Protection Agency; (3) the National Science Foundation; (4) the National Institute of Standards and Technology; and (5) any other departments or agencies the participation of which the Secretary considers appropriate. (c) Participation of the Private Sector.--When appropriate, funds made available under this Act shall be made available for research and development or education and training activities that are conducted with the participation and support of private sector organizations located in the United States and, subject to section 7(c)(2), Mexico, to promote and accelerate in the United States-Mexico border region the use of energy efficient, environmentally sound technologies and other advances resulting from the program. (d) Mexican Resource Contributions.--The Secretary shall-- (1) encourage public, private, nonprofit, and academic organizations located in Mexico to contribute significant financial and other resources to the program; and (2) take any such contributions into account in conducting the program. (e) Transfer of Technology From National Laboratories.--In conducting the program, the Secretary shall emphasize the transfer and use of materials technology developed by the national laboratories of the Department of Energy before the date of enactment of this Act. SEC. 6. ACTIVITIES AND MAJOR PROGRAM ELEMENTS. (a) Activities.--Funds made available under this Act shall be made available for research and development and education and training activities that are primarily focused on materials, and the synthesis, processing, and fabrication of materials, that promote-- (1) improvement of energy efficiency; (2) elimination or minimization of emissions of global climate change gases and contaminants; (3) minimization of industrial wastes and pollutants; and (4) use of recycled resources as primary materials for industrial production. (b) Major Program Elements.-- (1) In general.--The program shall have the following major elements: (A) Applied research, focused on maturing and refining materials technologies to demonstrate the feasibility or utility of the materials technologies. (B) Basic research, focused on the discovery of new knowledge that may eventually prove useful in creating materials technologies to promote energy efficient, environmentally sound manufacturing. (C) Education and training, focused on educating and training scientists, engineers, and workers in the border region in energy efficient, environmentally sound materials technologies. (2) Applied research.--Applied research projects under paragraph (1)(A) should typically involve significant participation from private sector organizations that would use or sell such a technology. (3) Basic research.--Basic research projects conducted under paragraph (1)(B) should typically be led by an academic or other research institution. SEC. 7. PARTICIPATION OF DEPARTMENTS AND AGENCIES OTHER THAN THE DEPARTMENT OF ENERGY. (a) Agreement.--Not later than 120 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the departments and agencies referred to in section 5(b) on the coordination and implementation of the program. (b) Actions of Departments and Agencies.--Any action of a department or agency under an agreement under subsection (a) shall be the responsibility of that department or agency and shall not be subject to approval by the Secretary. (c) Use of Funds.-- (1) In general.--The Secretary and the departments and agencies referred to in section 5(b) may use funds made available for the program for research and development or education and training activities carried out by-- (A) State and local governments and academic, nonprofit, and private organizations located in the United States; and (B) State and local governments and academic, nonprofit, and private organizations located in Mexico. (2) Condition.--Funds may be made available to a State or local government or organization located in Mexico only if a government or organization located in Mexico (which need not be the recipient of the funds) contributes a significant amount of financial or other resources to the project to be funded. (d) Transfer of Funds.--The Secretary may transfer funds to the departments and agencies referred to in section 5(b) to carry out the responsibilities of the departments and agencies under this Act. SEC. 8. PROGRAM ADVISORY COMMITTEE. (a) Establishment.-- (1) In general.--The Secretary shall establish an advisory committee consisting of representatives of the private, academic, and public sectors. (2) Considerations.--In establishing the advisory committee, the Secretary shall take into consideration organizations in existence on the date of enactment of this Act, such as the Materials Corridor Council and the Business Council for Sustainable Development-Gulf Mexico. (b) Consultation and Coordination.--Departments and agencies of the United States to which funds are made available under this Act shall consult and coordinate with the advisory committee in identifying and implementing the appropriate types of projects to be funded under this Act. SEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE. (a) In General.--Federal departments and agencies participating in the program may provide financial and technical assistance to other organizations to achieve the purpose of the program. (b) Applied Research.-- (1) Use of cooperative agreements.-- (A) In general.--Federal departments and agencies shall, to the extent practicable, use cooperative agreements to fund applied research activities by organizations outside the Federal Government. (B) National laboratories.--In the case of an applied research activity conducted by a national laboratory, a funding method other than a cooperative agreement may be used if such a funding method would be more administratively convenient. (2) Federal share.-- (A) In general.--The Federal Government shall pay not more than 50 percent of the cost of applied research activities under the program. (B) Qualified funding and resources.--No funds or other resources expended either before the start of a project under the program or outside the scope of work covered by the funding method determined under paragraph (1) shall be credited toward the non-Federal share of the cost of the project. (c) Basic Research and Education and Training.-- (1) In general.--Federal departments and agencies shall, to the extent practicable, use grants to fund basic research and education and training activities by organizations outside the Federal Government. (2) National laboratories.--In the case of a basic research or education activity conducted by a national laboratory, a funding method other than a grant may be used if such a funding method would be more administratively convenient. (3) Federal share.--The Federal Government may fund 100 percent of the cost of the basic research and education and training activities of the program. (d) Competitive Selection.--All projects funded under the program shall be competitively selected using such selection criteria as the Secretary, in consultation with the departments and agencies referred to in section 5(b), determines to be appropriate. (e) Accounting Standards.-- (1) Waiver.--To facilitate participation in the program, Federal departments and agencies may waive any requirements for Government accounting standards by organizations that have not established such standards. (2) GAAP.--Generally accepted accounting principles shall be sufficient for projects under the program. (f) No Construction.--No program funds may be used for construction. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $5,000,000 for each of fiscal years 2000 through 2004.", "summary": "National Materials Corridor Partnership Act of 1999 - Directs the Secretary of Energy to: (1) establish a comprehensive program to promote energy efficient, environmentally sound economic development along the United States-Mexico border through the research, development, and use of new materials technology; (2) give due consideration to the proposal made to the United States-Mexico Binational Commission for the Materials Corridor Partnership Initiative; (3) organize and conduct the program jointly with designated Federal agencies; and (4) emphasize the transfer and use of materials technology developed by the national laboratories of the Department of Energy. (Sec. 6) Mandates that activities funded under this Act be primarily focused upon materials that promote: (1) improved energy efficiency; (2) elimination or minimization of emissions of global climate change gases and contaminants; (3) minimization of industrial wastes and pollutants; and (4) use of recycled resources as primary materials for industrial production. Sets forth guidelines for major program elements and for participation by Federal departments and agencies. (Sec. 8) Directs the Secretary to establish an advisory committee consisting of representatives of the private, academic, and public sectors to consult and coordinate with Federal entities in identifying and implementing the appropriate projects to be funded under this Act. (Sec. 9) Prescribes financial and technical assistance guidelines. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Country of Origin Labeling Amendment Act of 2003''. SEC. 2. REVISED COUNTRY OF ORIGIN LABELING REQUIREMENTS. The Agricultural Marketing Act of 1946 is amended by striking subtitle D (7 U.S.C. 1638 et seq.) and inserting the following new subtitle: ``Subtitle D--Country of Origin Labeling ``SEC. 281. DEFINITIONS. ``In this subtitle: ``(1) Beef.--The term `beef' means meat produced from cattle (including veal). ``(2) Covered commodity.-- ``(A) In general.--The term `covered commodity' means-- ``(i) muscle cuts of beef, lamb, and pork; ``(ii) ground beef, ground lamb, and ground pork; ``(iii) farm-raised fish; ``(iv) wild fish; ``(v) a perishable agricultural commodity; and ``(vi) peanuts. ``(B) Exclusions.--The term `covered commodity' does not include an item described in subparagraph (A) if the item is an ingredient in a processed food item. ``(3) Farm-raised fish.--The term `farm-raised fish' includes-- ``(A) farm-raised shellfish; and ``(B) fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish. ``(4) Food service establishment.--The term `food service establishment' means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public. The term may include a retailer, but only to the extent that the retailer provides a salad bar or prepared-food bar containing ready-to-eat food that the consumer packages for purchase. ``(5) Lamb.--The term `lamb' means meat, other than mutton, produced from sheep. ``(6) Perishable agricultural commodity; retailer.--The terms `perishable agricultural commodity' and `retailer' have the meanings given the terms in section 1(b) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)). ``(7) Pork.--The term `pork' means meat produced from hogs. ``(8) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Agricultural Marketing Service. ``(9) Wild fish.-- ``(A) In general.--The term `wild fish' means naturally born or hatchery-raised fish harvested in the wild and shellfish harvested in the wild. ``(B) Inclusions.--The term `wild fish' includes a fillet, steak, nugget, and any other flesh from wild fish or shellfish. ``(C) Exclusions.--The term `wild fish' excludes netpen aquacultural or other farm-raised fish. ``SEC. 282. NOTICE OF COUNTRY OF ORIGIN. ``(a) Notice of Country of Origin Required.--Except as provided in subsection (c), a retailer of a covered commodity shall inform consumers, at the final point of sale of the covered commodity to consumers, of the country of origin of the covered commodity. ``(b) United States Country of Origin.--A retailer of a covered commodity may designate the covered commodity as having a United States country of origin only if the covered commodity-- ``(1) in the case of beef, is exclusively from an animal that is exclusively born, raised, and slaughtered in the United States (including from an animal exclusively born and raised in Alaska or Hawaii and transported for a period not to exceed 60 days through Canada to the United States and slaughtered in the United States); ``(2) in the case of lamb and pork, is exclusively from an animal that is exclusively born, raised, and slaughtered in the United States; ``(3) in the case of farm-raised fish, is hatched, raised, harvested, and processed in the United States; ``(4) in the case of wild fish-- ``(A) is harvested in the United States or a territory of the United States, if the wild fish is harvested in a river, stream, or lake; or ``(B) is harvested by a vessel that is documented under chapter 121 of title 46, United States Code, or registered in the United States, if the wild fish is harvested at sea; and ``(5) in the case of a perishable agricultural commodity or peanuts, is exclusively produced in the United States. ``(6) Wild fish and farm-raised fish.--The notice of country of origin for wild fish and farm-raised fish shall distinguish between wild fish and farm-raised fish. ``(c) Exemption for Food Service Establishments.--Subsection (a) shall not apply to a covered commodity if the covered commodity is-- ``(1) prepared or served in a food service establishment; and ``(2)(A) offered for sale or sold at the food service establishment in normal retail quantities; or ``(B) served to consumers at the food service establishment. ``(d) Method of Notification.-- ``(1) In general.--The information required by subsection (a) may be provided to consumers by means of a label, stamp, mark, placard, or other clear and visible sign on the covered commodity or on the package, display, holding unit, or bin containing the commodity at the final point of sale to consumers. ``(2) Labeled commodities.--If the covered commodity is already individually or otherwise labeled for retail sale regarding country of origin, the retailer shall not be required to provide any additional information to comply with this section. ``(e) Use of Existing Records to Verify Compliance.--The Secretary shall use existing records, such as inventory and tax records, to verify that any person that prepares, stores, handles, or distributes a covered commodity for retail sale complies with this subtitle, including the regulations promulgated under section 284(b). Such records may be maintained at the point of sale or at a centralized distribution center. ``(f) Information on Country of Origin.--Any person engaged in the business of supplying a covered commodity to a retailer shall provide information to the retailer indicating the country of origin of the covered commodity. ``(g) Certification of Origin.-- ``(1) Certification program.--The Secretary shall carry out a program that provides for the self-certification by producers of the country of origin of covered commodities. In establishing the program, the Secretary shall use as a model the procedures contained in part 589.2000 of title 21, Code of Federal Regulations, regarding animal proteins prohibited in ruminant feed. ``(2) Third party audits.--Except as provided in paragraph (3), the Secretary shall prohibit any third party audit or verification of producer compliance with country of origin labeling. ``(3) Verification.--To verify producer compliance with country of origin requirements under the certification program, the Secretary shall use Department of Agriculture records of imports and existing producer records, such as tax records, sale receipts, brand records, feed bills, birth records, receiving records, breeding stock records, health records, or animal inventory records. ``(h) Producer Protection.--A retailer or other person subject to this section may not require, as a condition of the purchase of beef, lamb, or pork or of live cattle, hogs, or sheep from a producer or packer, that the producer or packer-- ``(1) indemnify the retailer or other person from any liability arising from a violation of this section; or ``(2) produce records or other documentation to verify the country of origin of the beef, lamb, or pork or of the live cattle, hogs, or sheep. ``SEC. 283. ENFORCEMENT. ``(a) In General.--Except as provided in subsections (b) and (c), section 253 shall apply to a violation of this subtitle in addition to violations of subtitle B. ``(b) Warnings.--If the Secretary determines that a retailer is in violation of section 282, the Secretary shall-- ``(1) notify the retailer of the determination of the Secretary; and ``(2) provide the retailer a 30-day period, beginning on the date on which the retailer receives the notice under paragraph (1) from the Secretary, during which the retailer may take necessary steps to comply with section 282. ``(c) Civil Penalty.--If, on completion of the 30-day period described in subsection (b)(2), the Secretary determines that the retailer has willfully violated section 282, after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may assess a civil penalty against the retailer in an amount of $100 for the first day of the violation. The civil penalty amount shall double for each subsequent day that the retailer is in noncompliance for the same violation, except that the total amount of the civil penalty assessed for a single violation may not exceed $5,000. ``(d) Adulteration and Misbranding.--The Secretary may not treat a covered commodity as either adulterated or misbranded under the Federal Meat Inspection Act (7 U.S.C. 601 et seq.) or any other provision of law by reason of the failure of the covered commodity to comply with the country of origin requirements of section 282. ``SEC. 284. REGULATIONS. ``(a) Regulations.--Not later than September 30, 2004, the Secretary shall promulgate such regulations as are necessary to implement this subtitle. ``(b) Partnerships With States.--In promulgating the regulations, the Secretary shall, to the maximum extent practicable, enter into partnerships with States with enforcement infrastructure to assist in the administration of this subtitle. ``SEC. 285. APPLICABILITY. ``This subtitle shall apply to the retail sale of a covered commodity beginning September 30, 2004.''.", "summary": "Country of Origin Labeling Amendment Act of 2003 - Amends the Agricultural Marketing Act of 1946 to revise country of origin labeling provisions, including: (1) specifying the model certification of origin program; (2) specifying producer protections; (3) reducing maximum retailer fines; (4) prohibiting treatment of country of origin violations as adulteration or misbranding; and (5) extending the implementing guideline deadline."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Responsibility Fee Act of 2017''. SEC. 2. IMPOSITION OF EXCISE TAX ON CORPORATIONS WITH LOW-WAGE EMPLOYEES. (a) In General.--Subtitle D of the Internal Revenue Code of 1986 is amended by adding after chapter 36 the following new chapter: ``CHAPTER 37--CORPORATE RESPONSIBILITY TAX ``Sec. 4511. Imposition of tax. ``SEC. 4511. IMPOSITION OF TAX. ``(a) In General.--In the case of an applicable employer who employs a low-wage employee during the calendar year, there is imposed a tax equal to the applicable percentage of the aggregate amount of wages paid by the applicable employer with respect to employment of all employees of the employer during the calendar year. ``(b) Applicable Employer; Low-Wage Employee.--For purposes of this section-- ``(1) Applicable employer.-- ``(A) In general.--The term `applicable employer' means, with respect to any calendar year, any employer who was required to make deposits of taxes under chapters 21 and 24 (or who would have been required to make such deposits if the rules of subparagraph (C) applied for such purposes) by the close of the next day for periods aggregating more than 180 days during the preceding calendar year. ``(B) Exception.--Such term shall not include a Federal or other governmental entity or a church or qualified church organization (as such terms are defined in section 3121(w)(3)). ``(C) Aggregation rules.--The rules of subsections (b), (c), (m), and (o) of section 414 shall apply for purposes of this section, except that in applying subsections (b) and (c) of such section, the phrase `more than 50 percent' shall be substituted for the phrase `more than 80 percent' each place it appears. ``(2) Low-wage employee.-- ``(A) In general.--The term `low-wage employee' means any employee who receives wages from an applicable employer during the calendar year in an amount less than 218 percent of the Federal poverty line (within the meaning of section 2110(c)(5) of the Social Security Act) for an individual. Rules similar to the rules of section 36B(d)(3)(B) shall apply for purposes of this subparagraph. ``(B) Employees employed for less than entire year.--In the case of any employee employed by an applicable taxpayer for less than the entire calendar year, the amount described in subparagraph (A) shall be reduced by an amount which bears the same ratio to such amount as-- ``(i) the number of weeks during the calendar year in which such individual was not an employee of such applicable employer, bears to ``(ii) 52. ``(c) Applicable Percentage.--For purposes of subsection (a)-- ``(1) In general.-- ``(A) Determination.--The applicable percentage shall be determined as follows: ------------------------------------------------------------------------ ``In the case of an applicable employer with a low-wage The applicable employee ratio of: percentage is: ------------------------------------------------------------------------ 25% or less............................................. 25% Greater than 25% but not greater than 50%............... 50% Greater than 50%, but not greater than 75%.............. 75% Greater than 75%........................................ 100%. ------------------------------------------------------------------------ ``(B) Low-wage employee ratio.--For purposes of subparagraph (A), the low-wage employee ratio with respect to any applicable employer is the ratio (expressed as a percentage) of-- ``(i) the number of low-wage employees employed by the applicable employer during the calendar year, to ``(ii) the total number of individuals employed by the applicable employer during such calendar year. ``(2) Health and retirement offset.-- ``(A) In general.--In the case of an applicable employer who meets the requirements of subparagraph (B), the applicable percentage shall be reduced (but not below zero) by 25 percentage points. ``(B) Requirements.--An applicable employer meets the requirements of this subparagraph if such applicable employer-- ``(i) offers to all full-time low-wage employees (and their spouse and dependents) the opportunity to enroll for all months during the calendar year in minimum essential coverage under an eligible employer sponsored health plan (as defined in section 5000A(f)(2)) for which-- ``(I) the plan's share of the allowed costs of benefits provided under the plan is not less than 60 percent of such costs, and ``(II) the required contribution (within the meaning of section 5000A(e)(1)(B)) of the employee does not exceed the applicable percentage of the annual wages paid to the employee by the applicable employer, and ``(ii) meets the retirement plan requirements of subsection (d) for all employees who are low-wage employees. For purposes of clause (i)(II), the applicable percentage is the percentage in effect under section 36B(c)(2)(B)(II) for the plan year. ``(d) Retirement Plan Requirements.-- ``(1) In general.--The requirements of this subsection are met for any calendar year with respect to an employee of the applicable employer who is a low-wage employee if the employee is eligible to participate in one or more applicable eligible retirement plans maintained by the applicable employer (or any member of the group of employers treated as an applicable employer under subsection (b)(1)(C)) for a plan year ending with or within the calendar year. ``(2) Applicable eligible retirement plan.--For purposes of this subsection, the term `applicable eligible retirement plan' means an eligible retirement plan which, with respect to the plan year described in paragraph (1), is either-- ``(A) a defined contribution plan which requires the employer to make nonelective contributions of at least 5 percent of the compensation of the employee, or ``(B) a defined benefit plan-- ``(i) with respect to which the accrued benefit of the employee derived from employer contributions, when expressed as an annual retirement benefit, is not less than the product of-- ``(I) the lesser of 2 percent multiplied by the employee's years of service (determined under the rules of paragraphs (4), (5), and (6) of section 411(a)) with the employer or 20 percent, multiplied by ``(II) the employee's final average pay, or ``(ii) which is an applicable defined benefit plan (as defined in section 411(a)(13)(B))-- ``(I) which meets the interest credit requirements of section 411(b)(5)(B)(i) with respect to the plan year, and ``(II) under which the employee receives a pay credit for the plan year which is not less than 5 percent of compensation. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Eligible retirement plan.--The term `eligible retirement plan' has the meaning given such term by section 402(c)(8)(B), except that in the case of an account or annuity described in clause (i) or (ii) thereof, such term shall only include an account or annuity which is a simplified employee pension (as defined in section 408(k)). ``(B) Final average pay.--For purposes of paragraph (2)(B)(i)(II), final average pay shall be determined using the period of consecutive years (not exceeding 5) during which the employee had the greatest compensation from the applicable employer. ``(C) Alternative plan designs.--The Secretary may prescribe regulations for an applicable employer to meet the requirements of this subsection through a combination of defined contribution plans or defined benefit plans described in paragraph (1) or through a combination of both such types of plans. ``(D) Plans must meet requirements without taking into account social security and similar contributions and benefits.--A rule similar to the rule of section 416(e) shall apply. ``(E) Certain employees may be excluded.--For purposes of paragraph (2)(B)(ii), an employer shall not be treated as failing to meet the requirements of this subsection with respect to employees-- ``(i) who have not attained the age of 21 before the close of a plan year, ``(ii) who have less than 1 year of service with the employer as of any day during the plan year, ``(iii) who are covered under an agreement which the Secretary of Labor finds to be a collective bargaining agreement if there is evidence that the benefits covered under the plan were the subject of good faith bargaining between employee representatives and the employer, or ``(iv) who are described in section 410(b)(3)(C) (relating to nonresident aliens working outside the United States). ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Wages.--The term `wages' has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). ``(2) Allocation of tax.--The Secretary shall prescribe such rules as necessary for the allocation of the tax imposed by subsection (a) among different entities treated as a single employer under subsection (b)(1)(C).''. (b) Conforming Amendment.--The table of chapters of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following new item: ``Chapter 37--Corporate Responsibility Tax''. (c) Effective Date.--The amendments made by this section shall apply to calendar years beginning after the date of the enactment of this Act.", "summary": "Corporate Responsibility Fee Act of 2017 This bill amends the Internal Revenue Code to impose a specified excise tax on certain employers who employ low-wage employees during the taxable year. A "low-wage" employee is an employee who receives wages from the employer that are less than 218% of the federal poverty line. The bill reduces the amount of the tax for employers who provide certain health and retirement benefits to low-wage employees. Government employers, churches, and church organizations are exempt from the tax."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade and Environment Enforcement Act'' or ``Green 301 Act''. SEC. 2. ENVIRONMENTAL PROTECTION IN TRADE RELATIONS. Section 301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C. 2411(d)(3)(B)) is amended-- (1) in clause (ii), by striking ``or'' at the end; (2) in clause (iii)(V), by striking the period at the end and inserting ``, or''; and (3) by adding at the end the following new clause: ``(iv) constitutes a persistent pattern of conduct that-- ``(I) fails to effectively enforce the environmental laws of a foreign country; ``(II) waives or otherwise derogates from the environmental laws of a foreign country or weakens the protections afforded by such laws; ``(III) fails to provide for judicial or administrative proceedings giving access to remedies for violations of the environmental laws of a foreign country; ``(IV) fails to provide appropriate and effective sanctions or remedies for violations of the environmental laws of a foreign country; or ``(V) fails to effectively enforce environmental commitments in agreements to which a foreign country and the United States are a party.''. SEC. 3. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT NEGATIVELY AFFECT THE ENVIRONMENT. (a) In General.--Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended by adding at the end the following: ``SEC. 311. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT NEGATIVELY AFFECT THE ENVIRONMENT. ``(a) Identification.-- ``(1) In general.--The Trade Representative shall identify those foreign country trade practices that cause negative environmental impacts on the protection of human, animal, or plant life or health, or the conservation of exhaustible natural resources in the United States, the foreign country, a third country, or internationally. ``(2) Factors.--In identifying foreign country trade practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including-- ``(A) the strength of the connection between trade and the negative environmental impact; ``(B) the significance of the negative environmental impact on the protection of human, animal or plant life or health, or the conservation of exhaustible natural resources; and ``(C) the costs and benefits of mitigating the negative environmental impact through the remedies described in this section. ``(3) Consultation.--In identifying foreign country trade practices under paragraph (1), the Trade Representative shall provide the opportunity for input by and consultation with interested persons, including private or nongovernmental organizations working towards environmental protection or conservation, domestic industrial users of any goods that may be affected by this section, and appropriate Federal departments and agencies. ``(b) Report.-- ``(1) In general.--Not later than 270 days after the date of submission of a report under section 181(b) of this Act, and every 2 years thereafter, the Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate and publish in the Federal Register a report on the foreign country trade practices identified under subsection (a). ``(2) Matters to be included.--The Trade Representative may include in the report, if appropriate-- ``(A) a description of other foreign country trade practices that may in the future warrant inclusion in the report as foreign country trade practices that negatively affect the environment; and ``(B) a statement regarding other foreign country trade practices that negatively affect the environment that have not been identified because they are subject to other provisions of United States trade law, existing bilateral trade agreements, or trade negotiations, and progress is being made toward the mitigation, reduction, or elimination of the negative environmental impacts of such foreign country trade practices.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 310 the following new item: ``Sec. 311. Identification of foreign country trade practices that negatively affect the environment.''.", "summary": "Trade and Environment Enforcement Act or Green 301 Act - Amends the Trade Act of 1974 to authorize the U.S. Trade Representative (USTR) to take certain discretionary trade action against foreign countries that engage in unreasonable acts, policies, or practices that fail to enforce their environmental laws effectively. Directs the USTR to identify foreign country trade practices that affect negatively the environment of the United States, the foreign country, a third country, or internationally."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Protection Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares that-- (1) within certain States, the willingness of volunteers to offer their services has been increasingly deterred by a perception that they thereby put personal assets at risk in the event of liability actions against the organization they serve; (2) as a result of this perception, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, local governments, foundations, and other civic programs, have been adversely affected through the withdrawal of volunteers from boards of directors and service in other capacities; (3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating; and (4) because Federal funds are expended on useful and cost effective social service programs which depend heavily on volunteer participation, protection of voluntarism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal encouragement of State reform. (b) Purpose.--It is the purpose of this Act to-- (1) promote the interests of social service program beneficiaries and taxpayers; and (2) sustain the availability of programs and nonprofit organizations and governmental entities which depend on volunteer contributions by encouraging reasonable reform of State laws to provide protection from personal financial liability to volunteers serving with nonprofit organizations and governmental entities for actions undertaken in good faith on behalf of such organizations. SEC. 3. NO PREEMPTION OF STATE TORT LAW. Nothing in this Act shall be construed to preempt the laws of any State governing tort liability actions. SEC. 4. STATE STATUTES PROVIDING FOR LIMITATIONS ON LIABILITY FOR VOLUNTEERS. An allotment may be increased for a State under the provisions of section 5, if the State statute referred to under subsection (a) of such section includes the following provisions: (1) Except as provided in paragraphs (2) and (4), any volunteer of a nonprofit organization or governmental entity shall incur no personal financial liability for any tort claim alleging damage or injury from any act or omission of the volunteer on behalf of the organization or entity if-- (A) such individual was acting in good faith and within the scope of such individual's official functions and duties with the organization or entity; and (B) such damage or injury was not caused by willful and wanton misconduct by such individual. (2) Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. (3) Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to injury caused to any person. (4) The following conditions on, and exceptions to, the granting of liability may be imposed for protection to any volunteer of an organization or entity required under paragraph (1): (A) The organization or entity shall adhere to risk management procedures, including mandatory training of volunteers. (B) The organization or entity shall be liable for the acts or omissions of its volunteers to the same extent as an employer is liable, under the laws of the State, for the acts or omissions of its employees. (C) The protection from liability shall not apply if the volunteer was operating a motor vehicle or was operating a vessel, aircraft, or other vehicle for which a pilot's license is required. (D) The protection from liability shall not apply in the case of a suit brought by an appropriate officer of a State or local government to enforce a Federal, State, or local law. (E) The protection from liability shall apply only if the organization or entity provides a financially secure source of recovery for individuals who suffer injury as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified. SEC. 5. CERTIFICATION REQUIREMENT AND ADJUSTMENT OF SOCIAL SERVICES BLOCK GRANT ALLOTMENTS. (a) Certification and Block Grant Allotments.--In the case of any State which certifies, not later than 2 years after the date of the enactment of this Act, to the Secretary of Health and Human Services that it has enacted, adopted, or otherwise has in effect State law which substantially complies with section 4, the Secretary shall increase by 1 percent the fiscal year allotment which would otherwise be made to such State to carry out the Social Services Block Grant Program under title XX of the Social Security Act. (b) Continuation of Increase.--Any increase made under subsection (a) in an allotment to a State shall remain in effect only if the State makes a certification to the Secretary of Health and Human Services, not later than the end of each 1-year period occurring successively after the end of the 2-year period described in subsection (a), that it has in effect State law which substantially complies with section 4(a). SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``volunteer'' means an individual performing services for a nonprofit organization or a governmental entity who does not receive compensation, or any other thing of value in lieu of compensation, for such services (other than reimbursement for expenses actually incurred or honoraria not to exceed $300 per year for government service), and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer; (2) the term ``nonprofit organization'' means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (3) the term ``damage or injury'' includes physical, nonphysical, economic, and noneconomic damage; and (4) the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.", "summary": "Volunteer Protection Act of 1993 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Language Immersion Student Achievement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress established the unique status of Native American languages and distinctive policies supporting their use as a medium of education in the Native American Languages Act (Public Law 101-477). (2) Reports from the Bureau of Indian Affairs and tribal, public, charter, and private schools and colleges that use primarily Native American languages to deliver education, have indicated that students from these schools have generally had high school graduation and college attendance rates above the norm for their peers. (3) The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) includes policy barriers to schools taught through Native American languages and a lack of adequate funding to support such opportunities. (4) There is a critical need that requires immediate action to support education through Native American languages to preserve these languages. SEC. 3. NATIVE AMERICAN LANGUAGE SCHOOLS. Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``PART D--NATIVE AMERICAN LANGUAGE SCHOOLS ``SEC. 7401. NATIVE AMERICAN LANGUAGE SCHOOLS. ``(a) Purposes.--The purposes of this section are-- ``(1) to establish a grant program to support schools using Native American languages as the primary language of instruction of all curriculum taught at the school that will improve high school graduation rates, college attainment, and career readiness; and ``(2) to further integrate into this Act, Federal policy for such schools, as established in the Native American Languages Act (Public Law 101-477). ``(b) Program Authorized.-- ``(1) In general.--From the amounts made available to carry out this section, the Secretary may award grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including prekindergarten through postsecondary education, using Native American languages as the primary language of instruction of all curriculum taught at the schools. ``(2) Eligible entities.--In this section, the term `eligible entity' means a school or a private or tribal, nonprofit organization that has a plan to develop and maintain, or to improve and expand, programs that support schools using Native American languages as the primary language of instruction of all curriculum taught at the schools. ``(c) Application.-- ``(1) In general.--An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the following: ``(A) The name of the Native American language to be used for instruction at the school supported by the eligible entity. ``(B) The number of students attending such school. ``(C) The number of present hours of Native American language instruction being provided to students at such school, if any. ``(D) The status of such school with regard to any applicable tribal education department or agency, public education system, indigenous language schooling research and cooperative, or accrediting body. ``(E) A statement that such school-- ``(i) is engaged in meeting targeted proficiency levels for students, as may be required by applicable Federal, State, or tribal law; and ``(ii) provides assessments of student using the Native American language of instruction, where appropriate. ``(F) A list of the instructors, staff, administrators, contractors, or subcontractors at such school and their qualifications to deliver high quality education through the Native American language of the school. ``(2) Additional application materials.--In addition to the application described in paragraph (1), an eligible entity that desires to receive a grant under this section shall submit to the Secretary the following: ``(A) A certification from a Federally recognized Indian tribe, or a letter from any Native American entity, on whose land the school supported by the eligible entity is located, or which is served by such school, indicating that the school has the capacity to provide education primarily through a Native American language and that there are sufficient speakers of such Native American language at the school or available to be hired by the school. ``(B) A statement that such school will participate in data collection conducted by the Secretary that will determine best practices and further academic evaluation of the school. ``(C) A demonstration of the capacity to have speakers of its Native American language provide the basic education offered by such school on a full-time basis. ``(d) Awarding of Grants.--In awarding grants under this section, the Secretary shall-- ``(1) determine the amount and length of each grant; ``(2) ensure, to the maximum extent feasible, that diversity in languages is represented; and ``(3) require the eligible entities to present a Native language education plan to improve high school graduation rates, college attainment, and career readiness. ``(e) Activities Authorized.--An eligible entity that receives a grant under this section shall carry out the following activities: ``(1) Support Native American language education and development. ``(2) Develop or refine instructional curriculum for the school supported by the eligible entity, including distinctive teaching materials and activities, as appropriate. ``(3) Fund training opportunities for teachers and, as appropriate, staff and administrators, that would strengthen the overall language and academic goals of such school. ``(4) Other activities that promote Native American language education and development, as appropriate. ``(f) Report to Secretary.--Each eligible entity that receives a grant under this section shall provide an annual report to the Secretary in such form and manner as the Secretary may require. ``(g) Authorization of Appropriation.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015, and such sums as may be necessary for each of the 4 succeeding fiscal years.''.", "summary": "Native Language Immersion Student Achievement Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to schools and private or tribal nonprofit organizations to develop and maintain, or improve and expand, programs that support the use by schools, from the prekindergarten through postsecondary level, of Native American languages as their primary language of instruction. Requires grant applicants to present the Secretary with specified assurances and demonstrations that the schools they will support have the capacity to provide education primarily through a Native American language. Requires grantees to: support Native American language education and development; develop or refine instructional curricula for the schools they support, including distinctive teaching materials and activities; fund training opportunities for school staff that strengthen the overall language and academic goals of their schools; and engage in other activities that promote Native American language education and development."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Sites Improvement Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) there are many sites honoring Presidents located throughout the United States, including Presidential birthplaces, homes, museums, burial sites, and tombs; (2) most of the sites are owned, operated, and maintained by non-Federal entities such as State and local agencies, family foundations, colleges and universities, libraries, historical societies, historic preservation organizations, and other nonprofit organizations; (3) Presidential sites are often expensive to maintain; (4) many Presidential sites are in need of capital, technological, and interpretive display improvements for which funding is insufficient or unavailable; and (5) to promote understanding of the history of the United States by recognizing and preserving historic sites linked to Presidents of the United States, the Federal Government should provide grants for the maintenance and improvement of Presidential sites. SEC. 3. DEFINITIONS. In this Act: (1) Grant commission.--The term ``Grant Commission'' means the Presidential Site Grant Commission established by section 4(d). (2) Presidential site.--The term ``Presidential site'' means a Presidentially-related site of national significance that is-- (A) managed, maintained, and operated for, and is accessible to, the public; and (B) owned or operated by-- (i) a State; or (ii) a private institution, organization, or person. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 4. GRANTS FOR PRESIDENTIAL SITES. (a) In General.--The Secretary shall award grants for major maintenance and improvement projects at Presidential sites to owners or operators of Presidential sites in accordance with this section. (b) Use of Grant Funds.-- (1) In general.--A grant awarded under this section may be used for-- (A) repairs or capital improvements at a Presidential site (including new construction for necessary modernization) such as-- (i) installation or repair of heating or air conditioning systems, security systems, or electric service; or (ii) modifications at a Presidential site to achieve compliance with requirements under titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); and (B) interpretive improvements to enhance public understanding and enjoyment of a Presidential site. (2) Allocation of funds.-- (A) In general.--Of the funds made available to award grants under this Act-- (i) 15 percent shall be used for emergency projects, as determined by the Secretary; (ii) 65 percent shall be used for grants for Presidential sites with-- (I) a 3-year average annual operating budget of less than $700,000 (not including the amount of any grant received under this section); and (II) an endowment in an amount that is less than 3 times the annual operating budget of the site; and (iii) 20 percent shall be used for grants for Presidential sites with-- (I) an annual operating budget of $700,000 or more (not including the amount of any grant received under this section); and (II) an endowment in an amount that is equal to or more than 3 times the annual operating budget of the site. (B) Unexpended funds.--If any funds allocated for a category of projects described in subparagraph (A) are unexpended, the Secretary may use the funds to award grants for another category of projects described in that subparagraph. (c) Application and Award Procedure.-- (1) In general.--Not later than a date to be determined by the Secretary, an owner or operator of a Presidential site may submit to the Secretary an application for a grant under this section. (2) Involvement of grant commission.-- (A) In general.--The Secretary shall forward each application received under paragraph (1) to the Grant Commission. (B) Consideration by grant commission.--Not later than 60 days after receiving an application from the Secretary under subparagraph (A), the Grant Commission shall return the application to the Secretary with a recommendation of whether the proposed project should be awarded a Presidential site grant. (C) Recommendation of grant commission.--In making a decision to award a Presidential site grant under this section, the Secretary shall take into consideration any recommendation of the Grant Commission. (3) Award.--Not later than 180 days after receiving an application for a Presidential site grant under paragraph (1), the Secretary shall-- (A) award a Presidential site grant to the applicant; or (B) notify the applicant, in writing, of the decision of the Secretary not to award a Presidential site grant. (4) Matching requirements.-- (A) In general.--The Federal share of the cost of a project at a Presidential site for which a grant is awarded under this section shall not exceed 50 percent. (B) Non-federal share.--The non-Federal share of the cost of a project at a Presidential site for which a grant is awarded under this section may be provided in cash or in kind. (d) Presidential Site Grant Commission.-- (1) In general.--There is established the Presidential Site Grant Commission. (2) Composition.--The Grant Commission shall be composed of-- (A) the Director of the National Park Service; and (B) 4 members appointed by the Secretary as follows: (i) A State historic preservation officer. (ii) A representative of the National Trust for Historic Preservation. (iii) A representative of a site described in subsection (b)(2)(A)(ii). (iv) A representative of a site described in subsection (b)(2)(A)(iii). (3) Term.--A member of the Grant Commission shall serve a term of 2 years. (4) Duties.--The Grant Commission shall-- (A) review applications for Presidential site grants received under subsection (c); and (B) recommend to the Secretary projects for which Presidential site grants should be awarded. (5) Ineligibility of sites during term of representative.-- A site described in clause (iii) or (iv) of paragraph (2)(B) shall be ineligible for a grant under this Act during the 2- year period in which a representative of the site serves on the Grant Commission. (6) Nonapplicability of faca.--The Grant Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $5,000,000 for each of fiscal years 2001 through 2005, to remain available until expended.", "summary": "Establishes the Presidential Site Grant Commission to review grant applications and make award recommendations to the Secretary. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``No Subsidies Without Verification Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) On July 5, 2013, the Department of Health and Human Services released more than 600 pages of a final rule to implement the provisions of the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010 (commonly referred to as ``Obamacare'' or the ``ACA''). (2) Such final rule included an announcement that the Federal Government would no longer verify that each applicant for premium tax credits or cost-sharing reductions for coverage offered through an Exchange established under the Patient Protection and Affordable Care Act are actually qualified for such credits or reductions. Instead, the Administration would rely on self-attestation and sample audits of a sample population to ``protect'' the integrity of this new $1 trillion entitlement program. (3) The Department of Health and Human Services later announced a change in such policy and stated it would extend the sample population to 100 percent. This change, though announced, was never made to the final rule, meaning there was no guarantee to the American people that applicants would be verified. (4) It is estimated that not verifying eligibility for such credits and reductions could likely equate to approximately $250 billion in fraudulent payments through payments of such Obamacare premium tax credits and cost-sharing reductions. (5) The final rule provides that the Department of Health and Human Services will offer to perform this verification procedure for States that are establishing a State-based Exchange, but will be unable to do so until 2015. As a result, such States will not be required to randomly verify employer- sponsored coverage until 2015. (6) In order to protect taxpayers after the Department of Health and Human Services failed to implement a new rule that it would ensure Congress and taxpayers that verification of eligibility would be performed, the House of Representatives advanced legislation, H.R. 2775, the No Subsidies Without Verification Act. This legislation would have provided the force of law to ensure that verification would occur prior to the issuance of any Obamacare premium tax credit or cost- sharing reduction. (7) On September 12, 2013, this legislation was passed in the House of Representatives with bipartisan support by a 235 to 191 vote margin. (8) On September 10, 2013, the Obama Administration issued a Statement of Administration Policy to H.R. 2775 that stated ``the Administration strongly opposes House passage of H.R. 2775 because the goal of the bill is already being accomplished while the text of the bill would create delays that could cost millions of hard-working middle-class families the security of affordable health coverage and care they deserve''. (9) The Statement of Administration Policy also stated that ``H.R. 2775 is unnecessary because the Secretary of Health and Human Services has already put in place an effective and efficient system for verification of eligibility for premium tax credits and cost sharing reductions.''. (10) On October 16, 2013, the Senate removed the verification mechanism of H.R. 2775 and replaced it with language that required a report to Congress by the Secretary of Health and Human Services no later than January 1, 2014. (11) On January 1, 2014, the Department of Health and Human Services submitted a mandated report to Congress entitled, ``Verification of Household Income and Other Qualifications for the Provision of Affordable Care At Premium Tax Credits and Cost-Sharing Reductions''. (12) This report to Congress states, ``In accordance with statute and applicable implementing regulations, when a consumer submits an application for insurance affordability programs (which include APTCs, CSRs, Medicaid, the Children's Health Insurance Program (CHIP), and the Basic Health Program (BHP)), the Exchange verifies information provided by the consumer on the application as a component of making an eligibility determination. The processes for verifying information in order to determine eligibility for enrollment in a qualified health plan (QHP) through the Exchange and for APTC under section 36B of the Internal Revenue Code (the Code) and CSRs under section 1402 of the ACA are specified in the ACA and its implementing regulations. Pursuant to both statute and applicable regulations, the Exchanges have implemented numerous processes to carry out the verification of information provided by applicants.''. (13) Beginning in 2014, Federal subsidies have been made available to help individuals purchase health insurance through an Exchange through premium tax credits and cost-sharing reductions. On April 2014, the Department of Health and Human Services delayed implementation of income verification systems in order to increase sign-ups for health care plans through the healthcare.gov website. (14) Various reports indicate that the internal portions of the healthcare.gov website are yet to be finalized, thus leaving the Department of Health and Human Services unable to perform the verification it stated it was performing. The Obama Administration is operating a new Federal entitlement program that fails to prevent fraudulent subsidy claims before administered. In doing so, the Department of Health and Human Services has created a new ``pay and chase'' program that places taxpayers at financial risk of fraudulent claims. SEC. 3. DELAYING PROVISION OF ACA PREMIUM AND COST-SHARING SUBSIDIES UNTIL ELIGIBILITY VERIFICATION PROCESS FOR SUCH SUBSIDIES IS COMPLETE. (a) In General.--Notwithstanding any other provision of law, in the case of an individual with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost- sharing under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) is being claimed, no such credit or reduction shall be allowed before the first date of the first coverage month beginning on or after the date on which the process to verify, in accordance with section 1411 of the Patient Protection and Affordable Care Act (42 U.S.C. 18081), the household income and coverage requirements of such individual for purposes of determining eligibility for, and the accurate amount of, such credit or reduction, respectively, has been completed. For purposes of the previous sentence, the verification process described in such sentence with respect to an individual shall not be treated as complete unless a manual or electronic review has been completed of applicable information required to be submitted by such individual under section 1411(b) of such Act (42 U.S.C. 18081(b)) and any inconsistency of such information with records of the Secretary of the Treasury, Secretary of Homeland Security, or the Commissioner of Social Security has been resolved. (b) Treatment of Individual Mandate.--Notwithstanding any other provision of law, no penalty shall be imposed under section 5000A of the Internal Revenue Code of 1986 with respect to an individual for any month-- (1) with respect to which a premium tax credit under section 36B of the Internal Revenue Code of 1986 is being claimed for such individual; and (2) that begins before the date on which the verification process described in subsection (a) has been completed, in accordance with such subsection, with respect to such claim for such individual. (c) Application Provisions.-- (1) Effective date.--Subject to paragraph (2), the provisions of this section shall apply to coverage months beginning on or after the date of the enactment of this Act. (2) Treatment of individuals currently receiving subsidies.-- (A) Suspension of certain subsidies.--In the case of an individual with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost-sharing under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) has been claimed before the date of the enactment of this Act and for whom such a credit or reduction has been allowed before such date, such allowance shall be suspended until the coverage month described in subsection (a) with respect to such claim for such individual. (B) Special enrollment period.-- (i) In general.--The Secretary of Health and Human Services shall take such steps as are necessary to establish a special enrollment period of 45 days, beginning on the date of completion of the verification process described in subsection (a), with respect to an individual described in clause (ii), for such individual to enroll in qualified health plans offered through Exchanges established under title I of the Patient Protection and Affordable Care Act. (ii) Individual described.--For purposes of clause (i), an individual described in this clause is an individual-- (I) who is enrolled in a qualified health plan described in clause (i) before the date of the enactment of this Act; (II) to whom the suspension under subparagraph (A) applies; (III) who terminated enrollment in the qualified health plan during such period of suspension; and (IV) who, after the completion of the verification process described in subsection (a) with respect to such individual, seeks to enroll in such a qualified health plan.", "summary": "No Subsidies Without Verification Act of 2014 - Disallows the health plan premium assistance tax credit or cost-sharing reduction under the Patient Protection and Affordable Care Act before the first date of the first coverage month beginning on or after the date on which the process to verify an individual's household income and coverage requirements of such individual for purposes of determining eligibility for, and the accurate amount of, the credit or reduction, respectively, has been completed. Requires for such verification: (1) completion of a manual or electronic review of the information required of an applicant for enrollment in a plan, and (2) resolution of any inconsistency of such information with records of the Departments of the Treasury or Homeland Security (DHS) or the Social Security Administration. Exempts individuals from the penalty for not maintaining minimum essential coverage for any month with respect to which a premium tax credit is being claimed and that begins before the date on which the verification process has been completed. Suspends, until the coverage month beginning after eligibility verification has been completed, the premium tax credit and reduced cost-sharing in the case of individuals for whom the subsidy was allowed before enactment of this Act. Provides a special enrollment period for an individual who terminated enrollment in a qualified plan during the period of suspension."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there is pending before the United States Court of Federal Claims a civil action filed by the Pueblo against the United States in which the Pueblo seeks to recover damages pursuant to the Isleta Jurisdictional Act; (2) the Pueblo and the United States, after a diligent investigation of the Pueblo claims, have negotiated a Settlement Agreement, the validity and effectiveness of which is contingent on the enactment of enabling legislation; (3) certain land of the Pueblo is waterlogged, and it would be to the benefit of the Pueblo and other water users to drain the land and return water to the Rio Grande River; and (4) there is Pueblo forest land in need of remediation in order to improve timber yields, reduce the threat of fire, reduce erosion, and improve grazing conditions. (b) Purposes.--The purposes of this Act are-- (1) to improve the drainage of the irrigated land, the health of the forest land, and other natural resources of the Pueblo; and (2) to settle all claims that were raised or could have been raised by the Pueblo against the United States under the Isleta Jurisdictional Act in accordance with section 5. SEC. 3. DEFINITIONS. In this Act: (1) Isleta jurisdictional act.--The term ``Isleta Jurisdictional Act'' means Public Law 104-198 (110 Stat. 2418). (2) Pueblo.--The term ``Pueblo'' means the Pueblo of Isleta, a federally-recognized Indian tribe. (3) Restoration fund.--The term ``Restoration Fund'' means the Pueblo of Isleta Natural Resources Restoration Fund established by section 4(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Settlement agreement.--The term ``Settlement Agreement'' means the Agreement of Compromise and Settlement entered into between the United States and the Pueblo dated July 12, 2005, as modified by the Extension and Modification Agreement executed by the United States and the Pueblo on June 22, 2006, to settle the claims of the Pueblo in Docket No. 98- 166L, a case pending in the United States Court of Federal Claims. SEC. 4. PUEBLO OF ISLETA NATURAL RESOURCES RESTORATION TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund, to be known as the ``Pueblo of Isleta Natural Resources Restoration Fund'', consisting of-- (1) such amounts as are transferred to the Restoration Fund under subsection (b); and (2) any interest earned on investment of amounts in the Restoration Fund under subsection (d). (b) Transfers to Restoration Fund.--Upon entry of the final judgment described in section 5(b), there shall be transferred to the Restoration Fund, in accordance with conditions specified in the Settlement Agreement and this Act-- (1) $32,838,750 from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code; and (2) in addition to the amounts transferred under paragraph (1), at such times and in such amounts as are specified for that purpose in the annual budget of the Department of the Interior, authorized to be appropriated by subsection (f), and made available by an Act of appropriation, a total of $7,200,000. (c) Distribution of Amounts From Restoration Fund.-- (1) Appropriated amounts.-- (A) In general.--Subject to paragraph (3), upon the request of the Pueblo, the Secretary shall distribute amounts deposited in the Restoration Fund pursuant to section V of the Settlement Agreement and subsection (b)(2), in accordance with the terms and conditions of the Settlement Agreement and this Act, on the condition that the Secretary, before any such distribution, receives from the Pueblo such assurances as are satisfactory to the Secretary that-- (i) the Pueblo shall deliver funds in the amount of $7,100,000 toward drainage and remediation of the agricultural land and rehabilitation of forest and range land of the Pueblo in accordance with section IV(C) and IV(D) of the Settlement Agreement; and (ii) those funds shall be available for expenditure for drainage and remediation expenses as provided in sections IV(C) and IV(D) of the Settlement Agreement on the dates on which the Secretary makes distributions, and in amounts equal to the amounts so distributed, in accordance with sections IV(A) and IV(B) of the Settlement Agreement. (B) Use of funds.--Of the amounts distributed by the Secretary from the Restoration Fund under subparagraph (A)-- (i) $5,700,000 shall be available to the Pueblo for use in carrying out the drainage and remediation of approximately 1,081 acres of waterlogged agricultural land, as described in section IV(A) of the Settlement Agreement; and (ii) $1,500,000 shall be available to the Pueblo for use in carrying out the rehabilitation and remediation of forest and range land, as described in section IV(B) of the Settlement Agreement. (C) Federal consultation.--Restoration work carried out using funds distributed under this paragraph shall be planned and performed in consultation with-- (i) the Bureau of Indian Affairs; and (ii) such other Federal agencies as are necessary. (D) Unused funds.--Any funds, including any interest income, that are distributed under this paragraph but that are not needed to carry out this paragraph shall be available for use in accordance with paragraph (2)(A). (2) Amounts from judgment fund.-- (A) In general.--Subject to paragraph (3), the amount paid into the Restoration Fund under subsection (b)(1), and interest income resulting from investment of that amount, shall be available to the Pueblo for-- (i) the acquisition, restoration, improvement, development, and protection of land, natural resources, and cultural resources within the exterior boundaries of the Pueblo, including improvements to the water supply and sewage treatment facilities of the Pueblo; and (ii) for the payment and reimbursement of attorney and expert witness fees and expenses incurred in connection with Docket No. 98-166L of the United States Court of Federal Claims, as provided in the Settlement Agreement. (B) No contingency on provision of funds by pueblo.--The receipt and use of funds by the Pueblo under this paragraph shall not be contingent upon the provision by the Pueblo of the funds described in paragraph (1)(A)(i). (3) Expenditures and withdrawal.-- (A) Tribal management plan.-- (i) In general.--Subject to clause (ii), the Pueblo may withdraw all or part of the Restoration Fund on approval by the Secretary of a tribal management plan in accordance with section 202 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4022). (ii) Requirements.--In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), a tribal management plan described in clause (i) shall require that the Pueblo shall expend any funds withdrawn from the Restoration Fund under this paragraph in a manner consistent with the purposes described in the Settlement Agreement. (B) Enforcement.--The Secretary may take judicial or administrative action to enforce the provisions of any tribal management plan described in subparagraph (A)(i) to ensure that any funds withdrawn from the Restoration Fund under this paragraph are used in accordance with this Act. (C) Liability.--If the Pueblo exercises the right to withdraw funds from the Restoration Fund under this paragraph, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the accounting, disbursement, or investment of the funds withdrawn. (D) Expenditure plan.-- (i) In general.--The Pueblo shall submit to the Secretary for approval an expenditure plan for any portion of the funds in the Restoration Fund made available under this Act that the Pueblo does not withdraw under this paragraph. (ii) Description.--The expenditure plan shall describe the manner in which, and the purposes for which, funds of the Pueblo remaining in the Restoration Fund will be used. (iii) Approval.--On receipt of an expenditure plan under clause (i), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this Act and the Settlement Agreement. (E) Annual report.--The Pueblo shall submit to the Secretary an annual report that describes expenditures from the Restoration Fund during the year covered by the report. (d) Maintenance and Investment of Restoration Fund.-- (1) In general.--The Restoration Fund and amounts in the Restoration Fund shall be maintained and invested by the Secretary of the Interior pursuant to the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648). (2) Credits to restoration fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Restoration Fund shall be credited to, and form a part of, the Restoration Fund. (e) Prohibition on Per-Capita Payments.--No portion of the amounts in the Restoration Fund shall be available for payment on a per-capita basis to members of the Pueblo. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Restoration Fund $7,200,000. SEC. 5. RATIFICATION OF SETTLEMENT, DISMISSAL OF LITIGATION, AND COMPENSATION TO PUEBLO. (a) Ratification of Settlement Agreement.--The Settlement Agreement is ratified. (b) Dismissal.--Not later than 90 days after the date of enactment of this Act, the Pueblo and the United States shall execute and file a joint stipulation for entry of final judgment in the case of Pueblo of Isleta v. United States, Docket 98-166L, in the United States Court of Federal Claims in such form and such manner as are acceptable to the Attorney General and the Pueblo. (c) Compensation.--After the date of enactment of this Act, in accordance with the Settlement Agreement, and upon entry of the final judgment described in subsection (b)-- (1) compensation to the Pueblo shall be paid from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code, in the total amount of $32,838,750 for all monetary damages and attorney fees, interest, and any other fees and costs of any kind that were or could have been presented in connection with Docket No. 98-166L of the United States Court of Federal Claims; but (2) the Pueblo shall retain all rights, including the right to bring civil actions based on causes of action, relating to the removal of ordnance under-- (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (B) the Defense Environmental Restoration Program under section 2701 of title 10, United States Code; and (C) any contract entered into by the Pueblo for the removal of ordnance. (d) Other Limitations on Use of Funds.--The Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) shall not apply to funds distributed or withdrawn from the Restoration Fund under this Act. (e) No Effect on Land, Resources, or Water Rights.--Nothing in this Act affects the status of land and natural resources of the Pueblo or any water right of the Pueblo.", "summary": "Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006 - Establishes in the Treasury the Pueblo of Isleta Natural Resources Restoration Fund for: (1) settlement of the claims of the Pueblo of Isleta; and (2) the acquisition, restoration, improvement, development, and protection of land, natural resources, and cultural resources within the exterior boundaries of the Pueblo. Provides for the maintenance and investment of the restoration fund. Ratifies the Agreement of Compromise and Settlement entered into between the United States and the Pueblo on July 12, 2005, as modified by the Extension and Modification Agreement executed by the United States and the Pueblo on June 22, 2006, to settle the claims in the case of Pueblo of Isleta v. United States, Docket No. 98-166L, pending in the U.S. Court of Federal Claims. Directs the Pueblo and the United States to execute and file a joint stipulation for entry of final judgment in dismissal of such case. Provides for the payment of compensation to the Pueblo from the permanent judgment appropriation for all monetary damages and attorney fees, interest, and other fees and costs of any kind that were or could have been presented in connection with Docket No. 98-166L."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Security for Investors and Providing Closure Act of 2013'' or the ``Improving SIPC Act of 2013''. SEC. 2. CUSTOMER PAYMENT DURING PENDING ACTION. (a) In General.--Section 11 of the Securities Investor Protection Act of 1970 (15 U.S.C. 78ggg) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Customer Payment During Pending Action.-- ``(1) One-time payment permitted.-- ``(A) In general.--At the time that an action is initiated under subsection (b), SIPC may choose to allow all customers of the debtor to elect to receive a one-time payment from the SIPC Fund. ``(B) Customer election.--If SIPC allows customers to make the election described under subparagraph (A), each customer choosing to make such election must make such election during the action brought under subsection (b), but in no case later than the 180-day period beginning on the date that SIPC chooses to allow such election. ``(2) Method of payment.-- ``(A) In general.--To the extent practicable, one- time payments made under this subsection shall be made in the same manner as payments of net equity claims of customers of a debtor are made under the other provisions of this Act. ``(B) Payment amount limited to claims.--The amount paid to a customer under this subsection shall be equal to the lesser of-- ``(i) the customer's net equity claim against the debtor; and ``(ii) the cap set under paragraph (3). ``(3) Cap on one-time payments.--At the time the action is initiated under subsection (b), SIPC shall set a cap on the amount of one-time payments that can be made under this subsection, and such cap-- ``(A) shall not exceed $500,000; and ``(B) shall apply equally to all customers of the debtor. ``(4) Effect of election.-- ``(A) No sipc advance.--Section 9(a) shall not apply with respect to any customer who receives a one- time payment under this subsection. ``(B) Subrogation.--With respect to any customer who receives a one-time payment under this subsection, SIPC shall be subrogated to all rights of such customer against the debtor once the customer recovers an amount equal to the customer's net equity claim against the debtor. ``(5) Notice; technical assistance.--If SIPC allows customers to make the election described under paragraph (1)(A), SIPC shall-- ``(A) promptly notify each customer of the debtor of their rights under this subsection; and ``(B) provide technical assistance to such customers to determine if they should make an election under paragraph (1)(B). ``(6) Treatment of certificates of deposit.--For purposes of this subsection, a certificate of deposit purchased by a person through an account with the debtor shall be treated as cash deposited and held by the debtor in an amount equal to the amount the person paid for the certificate of deposit, less any amounts paid to such person on the certificate of deposit. ``(7) Judicial review of certain sipc determinations.--With respect to any person who is not permitted to make an election under this subsection because SIPC does not identify them as a customer of the debtor, such person may commence an action against SIPC in the appropriate United States district court to challenge the determination by SIPC that they are not a customer of the debtor. ``(8) Rulemaking.--SIPC may issue such regulations as may be necessary to carry out this subsection. ``(9) Debtor defined.--For purposes of this subsection, the term `debtor' means the broker or dealer that is the subject of the action brought under subsection (b).''. (b) Application.--With respect to an ongoing action brought under section 11(b) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78ggg(b)) before the date of the enactment of this Act, the customer election available under section 11(c) of such Act may be made during the 180-day period beginning on the date of the enactment of this Act. (c) Rule of Construction.--A person's qualification as a customer for purposes of section 11(c) of the Securities Investor Protection Act of 1970 shall have no effect on whether such person qualifies as a customer under any other provision of such Act.", "summary": "Improving Security for Investors and Providing Closure Act of 2013 or Improving SIPC Act of 2013 - Amends the Securities Investor Protection Act of 1970 with respect to any action in a U.S. district court by the Securities and Exchange Commission (SEC) against the Securities Investor Protection Corporation (SIPC) in the event that SIPC refuses to commit funds or otherwise act for the protection of customers of any SIPC member (debtor broker or dealer). Authorizes SIPC, at the time the SEC action initiates such action, to allow all customers of the debtor broker or dealer to elect to receive a one-time payment from the SIPC Fund. Prescribes procedures for such customer election. Limits the amount paid to a customer under such election to the lesser of: (1) the customer's net equity claim against the debtor, and (2) a $500,000 cap on one-time payments. Subrogates SIPC to all rights of the customer receiving a one-time payment against the debtor once the customer recovers an amount equal to the customer's net equity claim against the debtor. Treats a certificate of deposit (CD) purchased by a person through an account with the debtor as cash deposited and held by the debtor in an amount equal to the amount the person paid for the CD, less any amounts paid to such person on the CD. Permits a person prevented from making an election under this Act because SIPC does not identify such person as a customer of the debtor to challenge that determination in federal district court."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Amendments Act of 1993''. SEC. 2. AMENDMENTS TO CIVIL RIGHTS ACT OF 1964. (a) Public Accommodations.--(1) Section 201(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(a)) is amended by striking ``religion,'' and inserting ``religion, affectional or sexual orientation,''. (2) Section 202 of such Act (42 U.S.C. 2000a-1) is amended by striking ``religion,'' and inserting ``religion, affectional or sexual orientation,''. (b) Public Facilities.--Section 301(a) of such Act (42 U.S.C. 2000b(a)) is amended by striking ``religion,'' and inserting ``religion, affectional or sexual orientation,''. (c) Federally Assisted Programs.--Section 601 of such Act (42 U.S.C. 2000d) is amended by striking ``color,'' and inserting ``color, affectional or sexual orientation,''. (d) Equal Employment Opportunities.--(1) Sections 703(a), 703(b), 703(c), 703(d), 703(e), 703(h), 703(j), 704(b), 706(g), and 717(a) of such Act (42 U.S.C. 2000e-2(a), 2000e-2(b), 2000e-2(c), 2000e-2(d), 2000e-2(e), 2000e-2(h), 2000e-2(j), 2000e-3(b), 2000e-5(g), and 2000e- 16(a)) are amended by striking ``sex,'' each place it appears and inserting ``sex, affectional or sexual orientation,''. (2) Section 717(c) of such Act (42 U.S.C. 2000e-16(c)) is amended by striking ``sex'' and inserting ``sex, affectional or sexual orientation,''. (3) Section 703(h) of such Act (42 U.S.C. 2000e-2(h)) is amended by striking ``sex'' the first place it appears and inserting ``sex, affectional or sexual orientation,''. (4) The heading of section 703 of such Act is amended by striking ``sex,'' and inserting ``sex, affectional or sexual orientation,''. (e) Intervention by Attorney General in Civil Rights Cases.-- Section 902 of such Act (42 U.S.C. 2000h-2) is amended by striking ``sex'' and inserting ``sex, affectional or sexual orientation,''. (f) Definition; Rules of Interpretation.--Title XI of such Act (42 U.S.C. 2000h et seq.) is amended by adding at the end the following new section: ``affectional or sexual orientation ``Sec. 1107. (a) Definition.--For purposes of titles II, III, VI, VII, and IX of this Act, the term `affectional or sexual orientation' means male or female homosexuality, heterosexuality, and bisexuality by orientation or practice, by and between consenting adults. ``(b) Rules of Interpretation.--(1) Nothing in this Act shall be construed to permit or require-- ``(A) that a finding of discrimination on the basis of affectional or sexual orientation be based on any statistical differences in the incidence of persons of a particular affectional or sexual orientation in the general population as opposed to the incidence of such persons in the activity concerned; or ``(B) the use of any quota as a remedy for discrimination on the basis of affectional or sexual orientation. ``(2) Nothing in this Act shall be construed to require any person to disclose a personal affectional or sexual orientation.''. SEC. 3. AMENDMENTS TO FAIR HOUSING ACT. (a) Housing Sale and Rental, Residential Real-Estate-Related Transactions, and Brokerage Services.--(1) Section 804 of the Civil Rights Act of 1968 (42 U.S.C. 3604) is amended by striking ``religion,'' each place it appears and inserting ``religion, affectional or sexual orientation (as such term is defined in section 802(p)),''. (2) Section 805 of such Act (42 U.S.C. 3605) is amended by striking ``religion,'' each place it appears and inserting ``religion, affectional or sexual orientation (as such term is defined in section 802(p)),''. (3) Section 806 of such Act (42 U.S.C. 3606) is amended by striking ``religion,'' and inserting ``religion, affectional or sexual orientation (as such term is defined in section 802(p)),''. (b) Prevention of Intimidation.--Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by striking ``religion,'' each place it appears and inserting ``religion, affectional or sexual orientation (as such term is defined in section 802(p)),''. (c) Definition.--Section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602) is amended by adding at the end the following new subsection: ``(p) `Affectional or sexual orientation' means male or female homosexuality, heterosexuality, and bisexuality by orientation or practice, by and between consenting adults.''. (d) Rules of Interpretation.--(1) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) is amended by adding at the end the following new section: ``rules of interpretation regarding affectional or sexual orientation ``Sec. 821. (a) Findings of Discrimination; Quotas.--Nothing in this Act shall be construed to permit or require-- ``(1) that a finding of discrimination on the basis of affectional or sexual orientation be based on any statistical differences in the incidence of persons of a particular affectional or sexual orientation in the general population as opposed to the incidence of such persons in the activity concerned; or ``(2) the use of any quota as a remedy for discrimination on the basis of affectional or sexual orientation. ``(b) Protection of Privacy Rights.--Nothing in this Act shall be construed to require any person to disclose a personal affectional or sexual orientation.''. (2) Title IX of such Act (42 U.S.C. 3631 et seq.) is amended by adding at the end the following new section: ``application of rules of interpretation regarding affectional or sexual orientation ``Sec. 902. The provisions of this title are subject to the rules of interpretation described in section 821 of this Act.''.", "summary": "Civil Rights Amendments Act of 1993 - Amends the Civil Rights Act of 1964 and the Civil Rights Act of 1968 to prohibit discrimination on the basis of affectional or sexual orientation. Provides that this Act shall not be construed to permit a finding of discrimination based on statistical differences or the fashioning of any remedy requiring a quota."}
{"article": "SECTION 1. TEMPORARY DUTY REDUCTIONS FOR CERTAIN COTTON SHIRTING FABRIC. (a) Certain Cotton Shirting Fabrics.-- (1) In general.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.52.08 Woven fabrics of Free No change No change On or before 12/ cotton, of a type 31/2008 described in subheading 5208.21, 5208.22, 5208.29, 5208.31, 5208.32, 5208.39, 5208.41, 5208.42, 5208.49, 5208.51, 5208.52, or 5208.59 of average yarn number exceeding 135 metric, other than fabrics provided for in heading 9902.52.09, certified by the importer to be suitable for use in men's and boys' shirts, the foregoing imported by or for the benefit of a manufacturer of men's and boys' shirts under the terms of U.S. Notes 18 and 19 of this subchapter... 9902.52.09 Woven fabrics of Free No change No change On or before 12/ cotton of a type 31/2008 '' described in . subheading 5208.21, 5208.22, 5208.29, 5208.31, 5208.32, 5208.39, 5208.41, 5208.42, 5208.49, 5208.51, 5208.52, or 5208.59 of average yarn number exceeding 135 metric, certified by the importer to be wholly of pima cotton grown in the United States and to be suitable for use in men's and boys' shirts, the foregoing imported by or for the benefit of a manufacturer of men's and boys' shirts under the terms of U.S. Note 18 of this subchapter........ (2) Definitions and limitation on quantity of imports.--The U.S. Notes to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States are amended by adding at the end the following: ``18. For purposes of headings 9902.52.08 and 9902.52.09, the term ``manufacturer'' means a person or entity that cuts and sews men's and boys' shirts in the United States. ``19. The aggregate quantity of fabrics entered under heading 9902.52.08 from January 1 to December 31 of each year, inclusive, by or on behalf of each manufacturer of men's and boys' shirts shall be limited to 85 percent of the total square meter equivalents of all imported woven fabrics of cotton containing 85 percent or more by weight of cotton used by such manufacturer in cutting and sewing men's and boys' cotton shirts in the United States and purchased by such manufacturer during calendar year 2000.''. (b) Determination of Tariff-Rate Quotas.-- (1) Authority to issue licenses and license use.--In order to implement the limitation on the quantity of cotton woven fabrics that may be entered under heading 9902.52.08 of the Harmonized Tariff Schedule of the United States, as required by U.S. Note 19 to subchapter II of chapter 99 of such Schedule, the Secretary of Commerce shall issue licenses to eligible manufacturers under such heading 9902.52.08, specifying the restrictions under each such license on the quantity of cotton woven fabrics that may be entered each year by or on behalf of the manufacturer. A licensee may assign the authority (in whole or in part) under the license to import fabric under subheading 9902.52.08 of such Schedule. (2) Licenses under u.s. note 19.--For purposes of U.S. Note 19 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States, the Secretary of Commerce shall issue a license to a manufacturer within 60 days after the manufacturer files with the Secretary of Commerce an application containing a notarized affidavit from an officer of the manufacturer that the manufacturer is eligible to receive a license and stating the quantity of imported woven fabrics of cotton containing 85 percent or more by weight of cotton purchased during calendar year 2000 for use in the cutting and sewing of men's and boys' shirts in the United States. (3) Affidavits.--For purposes of an affidavit described in this subsection, the date of purchase shall be-- (A) the invoice date if the manufacturer is not the importer of record; and (B) the date of entry if the manufacturer is the importer of record. SEC. 2. COTTON TRUST FUND. (a) Establishment of Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Pima Cotton Trust Fund'' (in this section referred to as the ``Trust Fund''), consisting of such amounts as may be transferred to the Trust Fund under paragraph (2). (2) Transfer of amounts.-- (A) In general.--Beginning October 1, 2006, the Secretary of the Treasury shall transfer to the Trust Fund, from the general fund of the Treasury, amounts determined by the Secretary of the Treasury to be equivalent to the amounts received in the general fund that are attributable to duties received since January 1, 1994, on articles under subheadings 5208.21.60, 5208.22.80, 5208.29.80, 5208.31.80, 5208.32.50, 5208.39.80, 5208.41.80, 5208.42.50, 5208.49.80, 5208.51.80, 5208.52.50, 5208.59.80, 5210.21.80, and 5210.31.80 of the Harmonized Tariff Schedule of the United States, subject to the limitation in subparagraph (B). (B) Limitation.--The Secretary may not transfer more than $16,000,000 to the Trust fund in any fiscal year, and may not transfer any amount beginning on or after October 1, 2008. (3) Distribution of funds.--From amounts in the Trust Fund, the Commissioner of the Bureau of Customs and Border Protection shall make the following payments annually beginning in fiscal year 2007: (A) 25 percent of the amounts in the Trust Fund shall be paid annually to a nationally recognized association established for the promotion of pima cotton grown in the United States for the use in textile and apparel goods. (B) 25 percent of the amounts in the Trust Fund shall be paid annually to yarn spinners of pima cotton grown in the United States, and shall be allocated to each spinner in an amount that bears the same ratio as-- (i) the spinner's production of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number) from pima cotton grown in the United States in single and plied form during calendar year 2002 (as evidenced by an affidavit provided by the spinner) bears to-- (ii) the production of the yarns described in clause (i) during calendar year 2002 for all spinners who qualify under this subparagraph. (C) 50 percent of the amounts in the Trust Fund shall be paid annually to those manufacturers who cut and sew cotton shirts in the United States who certify that they used imported cotton fabric during the period January 1, 1998, through July 1, 2003, and shall be allocated to each such manufacturer in an amount that bears the same ratio as-- (i) the dollar value (excluding duty, shipping, and related costs) of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during calendar year 2002 (as evidenced by an affidavit from the manufacturer that meets the requirements of paragraph (4)) used in the manufacturing of men's and boys' cotton shirts, bears to-- (ii) the dollar value (excluding duty, shipping, and related costs) of the fabric described in clause (i) purchased during calendar year 2002 by all manufacturers who qualify under this subparagraph. (4) Affidavit of shirting manufacturers.--The affidavit required by paragraph (3)(C) is a notarized affidavit provided by an officer of the manufacturer of men's and boys' shirts concerned that affirms-- (A) that the manufacturer used imported cotton fabric during the period January 1, 1998, through July 1, 2003, to cut and sew men's and boys' woven cotton shirts in the United States; (B) the dollar value of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased during calendar year 2002; (C) that the manufacturer maintains invoices along with other supporting documentation (such as price lists and other technical descriptions of the fabric qualities) showing the dollar value of such fabric purchased, the date of purchase, and evidencing the fabric as woven cotton fabric of 80s or higher count and 2-ply in warp; and (D) that the fabric was suitable for use in the manufacturing of men's and boys' cotton shirts. (5) Date of purchase.--For purposes of the affidavit under paragraph (4), the date of purchase shall be the invoice date, and the dollar value shall be determined excluding duty, shipping, and related costs. (6) Affidavit of yarn spinners.--The affidavit required by paragraph (3)(B) is a notarized affidavit provided by an officer of the producer of ring spun yarns that affirms-- (A) that the producer used pima cotton grown in the United States during the period January 1, 2002, through December 31, 2002, to produce ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during 2002; (B) the quantity, measured in pounds, of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during calendar year 2002; and (C) that the producer maintains supporting documentation showing the quantity of such yarns produced, and evidencing the yarns as ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during calendar year 2002. (7) No appeal.--Any amount paid by the Commissioner of the Bureau of Customs and Border Protection under this section shall be final and not subject to appeal or protest.", "summary": "Amends the Harmonized Tariff Schedule of the United States (HTSUS) to reduce, through December 31, 2008 , the duty on certain cotton shirting fabrics. Limits the quantity of imported cotton woven fabric entered by or on behalf of each manufacturer of men's and boy's shirts. Provides for the issuance of import licenses subject to such limitation. Establishes the Pima Cotton Trust Fund within the Treasury, consisting of transfers from the general fund in amounts attributable to the duty received since January 1, 1994, on woven fabrics of cotten under specified HTSUS headings. Provides for annual distribution of amounts from such Fund to a nationally recognized association of shirting manufacturers for the promotion of U.S.-grown pima cotton, and to yarn spinners of such cotton."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Esther Martinez Native American Languages Preservation Act of 2006''. SEC. 2. EXPANSION OF PROGRAM TO ENSURE THE SURVIVAL AND CONTINUING VITALITY OF NATIVE AMERICAN LANGUAGES. Section 803C of the Native American Programs Act of 1974 (42 U.S.C. 2991b-3) is amended-- (1) in subsection (b)-- (A) in paragraph (5) by striking ``and'' at the end, (B) in paragraph (6) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(7)(A) Native American language nests, which are site-based educational programs that-- ``(i) provide instruction and child care through the use of a Native American language for at least 10 children under the age of 7 for an average of at least 500 hours per year per student; ``(ii) provide classes in a Native American language for parents (or legal guardians) of students enrolled in a Native American language nest (including Native American language-speaking parents); and ``(iii) ensure that a Native American language is the dominant medium of instruction in the Native American language nest; ``(B) Native American language survival schools, which are site-based educational programs for school-age students that-- ``(i) provide an average of at least 500 hours of instruction through the use of 1 or more Native American languages for at least 15 students for whom a Native American language survival school is their principal place of instruction; ``(ii) develop instructional courses and materials for learning Native American languages and for instruction through the use of Native American languages; ``(iii) provide for teacher training; ``(iv) work toward a goal of all students achieving-- ``(I) fluency in a Native American language; and ``(II) academic proficiency in mathematics, reading (or language arts), and science; and ``(v) are located in areas that have high numbers or percentages of Native American students; and ``(C) Native American language restoration programs, which are educational programs that-- ``(i) operate at least 1 Native American language program for the community in which it serves; ``(ii) provide training programs for teachers of Native American languages; ``(iii) develop instructional materials for the programs; ``(iv) work toward a goal of increasing proficiency and fluency in at least 1 Native American language; ``(v) provide instruction in at least 1 Native American language; and ``(vi) may use funds received under this section for-- ``(I) Native American language programs, such as Native American language immersion programs, Native American language and culture camps, Native American language programs provided in coordination and cooperation with educational entities, Native American language programs provided in coordination and cooperation with local universities and colleges, Native American language programs that use a master- apprentice model of learning languages, and Native American language programs provided through a regional program to better serve geographically dispersed students; ``(II) Native American language teacher training programs, such as training programs in Native American language translation for fluent speakers, training programs for Native American language teachers, training programs for teachers in schools to utilize Native American language materials, tools, and interactive media to teach Native American language; and ``(III) the development of Native American language materials, such as books, audio and visual tools, and interactive media programs.'', (2) in subsection (c)-- (A) in paragraph (5) by striking ``and'' at the end, (B) in paragraph (6) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(7) in the case of an application for a grant to carry out any purpose specified in subsection (b)(7)(B), a certification by the applicant that the applicant has not less than 3 years of experience in operating and administering a Native American language survival school, a Native American language nest, or any other educational program in which instruction is conducted in a Native American language.'', and (3) in subsection (e)(2) by inserting before the period the following: ``, except that grants made under such subsection for any purpose specified in subsection (b)(7) may be made only on a 3- year basis''. SEC. 3. DEFINITION. Section 815 of the Native American Programs Act of 1974 (42 U.S.C. 2992c) is amended-- (1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively, and (2) by inserting before paragraph (2), as so redesignated, the following: ``(1) `average' means the aggregate number of hours of instruction through the use of a Native American language to all students enrolled in a native language immersion program during a school year divided by the total number of students enrolled in the immersion program;''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO ENSURE THE SURVIVAL AND CONTINUING VITALITY OF NATIVE AMERICAN LANGUAGES. Section 816(e) of the Native American Programs Act of 1974 (42 U.S.C. 2992d(e)) is amended by striking ``1999, 2000, 2001, and 2002'' and inserting ``2008, 2009, 2010, 2011, and 2012''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Esther Martinez Native American Languages Preservation Act of 2006 - Amends the Native American Programs Act of 1974 to authorize the Secretary of Health and Human Services, as part of the Native American languages grant program, to make three-year grants for educational Native American language nests, survival schools, and restoration programs. Requires that Native American language nests: (1) provide instruction and child care through the use of a Native American language for at least 10 children under the age of seven for an average of at least 500 hours per year per student; (2) provide classes in such language for the parents of such students; and (3) use such language as the dominant medium of instruction in the nest. Requires that Native American language survival schools: (1) provide an average of at least 500 hours of instruction per year per student through the use of at least one Native American language for at least 15 students for whom the school is their principal school; (2) develop instructional courses and materials that service the goal of making all students fluent in such a language and proficient in mathematics, reading, and science; (3) provide teacher training; and (4) be located in areas having high concentrations of Native American students. Requires applicants for language survival school funding to have at least three years of experience in running such a school, a Native American language nest, or any other educational program in which instruction is conducted in a Native American language. Requires that Native American language restoration programs: (1) operate at least one Native American language program for the community they serve; (2) train teachers of such languages; and (3) develop Native American language instructional materials. Authorizes appropriations for FY2008-FY2012."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Producers Value-Added Investment Tax Credit Act of 2004''. SEC. 2. CREDIT FOR FARMER INVESTMENT IN VALUE-ADDED AGRICULTURAL PROPERTY. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. VALUE-ADDED AGRICULTURAL PROPERTY INVESTMENT CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of a taxpayer who is-- ``(1) an eligible person, or ``(2) a farmer-owned entity, the value-added agricultural property investment credit determined under this section for any taxable year is 50 percent of the basis of any qualified value-added agricultural property placed in service during the taxable year. In the case of a farmer-owned entity, such credit shall be allocated on a pro rata basis among eligible persons holding qualified interests in such entity as of the last day of such taxable year. ``(b) Maximum Credit.--For purposes of subsection (a)-- ``(1) Property placed in service by eligible person.--In the case of property placed in service during a taxable year by an eligible person, the credit determined under this section for such year shall not exceed $30,000, reduced by the amount of the creditable investments allowed for the taxable year under paragraph (2). ``(2) Property placed in service by farmer-owned entity.-- ``(A) In general.--In the case of property placed in service by a farmer-owned entity, the credit determined under this section shall not exceed the sum of the eligible person's creditable investments in such entity as of the date such property is placed in service. ``(B) Creditable investments.--For purposes of subparagraph (A), the term `creditable investments' means, with respect to any property placed in service by a farmer-owned entity, the aggregate qualified investments made by the eligible person in such entity, reduced (but not below zero) by the sum of-- ``(i) the amount of the aggregate qualified investments made by such person in such entity which were taken into account under this section with respect to property previously placed in service by such entity, and ``(ii) the amount of the aggregate qualified investments made by such person in all other farmer-owned entities which were taken into account under this section with respect to property previously placed in service by such other entities. ``(C) Limitation.--For purposes of this paragraph, the aggregate qualified investments made by the eligible person which may be taken into account for any taxable year shall not exceed $30,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified value-added agricultural property.--The term `qualified value-added agricultural property' means property-- ``(A) which is used to add value to a good or product, suitable for food or nonfood use, derived in whole or in part from organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood wastes and residues, and domesticated animal wastes, ``(B)(i) to which section 168 applies without regard to any useful life, or ``(ii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable and having a useful life (determined as of the time such property is placed in service) of 3 years or more, and ``(C) which is owned and operated by an eligible person or a farmer-owned entity. ``(2) Eligible person.-- ``(A) In general.--The term `eligible person' means a person who materially participates during the taxable year in an eligible farming business. ``(B) Material participation.--For purposes of subparagraph (A), the determination of whether a person materially participates in the trade or business of farming shall be made in a manner similar to the manner in which such determination is made under section 2032A(e)(6). In the case that the person is a corporation, cooperative, partnership, estate, or trust, such determination shall be made at the shareholder, partner, or beneficial interests level (as the case may be). ``(C) Eligible farming business.--For purposes of subparagraph (A), the term `eligible farming business' means a farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)). ``(3) Farmer-owned entity.-- ``(A) In general.--The term `farmer-owned entity' means-- ``(i) a corporation (including an S corporation) in which eligible persons own 50 percent or more of the total voting power of the stock and 50 percent or more (in value) of the stock, ``(ii) a partnership in which eligible persons own 50 percent or more of the total voting power of the profits interest and 50 percent or more (in value) of the profits interest, and ``(iii) a cooperative in which eligible persons own 50 percent or more of the total voting power of the member patronage interests and 50 percent or more (in value) of the member patronage interests. ``(B) Constructive ownership rules.--For purposes of subparagraph (A), rules similar to the rules of section 263A(e)(2)(B) shall apply; except that, in applying such rules, the members of an individual's family shall be the individuals described in subparagraph (C). ``(C) Members of family.--The family of any individual shall include only his spouse and children, grandchildren, and great grandchildren (whether by the whole or half blood), and the spouses of his children, grandchildren, and great grandchildren, who reside in the same household or jointly operate farming businesses (as defined in section 263A(e)(4)). For purposes of the preceding sentence, a child who is legally adopted, or who is placed with the taxpayer by an authorized placement agency for adoption by the taxpayer, shall be treated as a child by blood. ``(4) Qualified investments.-- ``(A) In general.--The term `qualified investments' means a payment of cash for the purchase of a qualified equity interest in a farmer-owned entity. ``(B) Qualified equity interest.--The term `qualified equity interest' means-- ``(i) any stock in a domestic corporation if such stock is acquired by the taxpayer after December 31, 2004, and before January 1, 2011, at its original issue (directly or through an underwriter) from the corporation solely in exchange for cash, ``(ii) any capital or profits interest in a domestic partnership if such interest is acquired by the taxpayer after December 31, 2004, and before January 1, 2011, and ``(iii) any patronage interest in a cooperative if such interest is acquired by the taxpayer after December 31, 2004, and before January 1, 2011. Rules similar to the rules of section 1202(c)(3) shall apply for purposes of this paragraph. ``(d) Special Rules.--For purposes of this section-- ``(1) Treatment of married individuals.--In the case of a separate return by a married individual (as defined in section 7703), subsection (b)(3)(A) shall be applied by substituting `$15,000' for `$30,000'. ``(2) Applicable rules.--Under regulations prescribed by the Secretary-- ``(A) Allocation of credit in the case of estates and trusts.--Rules similar to the rules of subsection (d) of section 52 shall apply. ``(B) Certain property not eligible.--Rules similar to the rules of section 50(b) shall apply. ``(3) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section to any eligible person with respect to qualified value-added agricultural property, the basis of such property shall be reduced by the amount of the credit so allowed and increased by the amount of recapture under subsection (e). ``(e) Recapture in the Case of Certain Dispositions.-- ``(1) In general.--Under regulations prescribed by the Secretary, rules similar to the rules of section 50(a) shall apply with respect to an eligible person if, within the 5-year period beginning on the date qualified value-added agricultural property with respect to which such person was allowed a credit under subsection (a) is originally placed in service-- ``(A) such property ceases to be qualified for purposes of this section, ``(B) the eligible person or the farmer-owned entity (as the case may be) disposes of all or part of such property, or ``(C) the eligible person or the farmer-owned entity (as the case may be) ceases to be an eligible person or farmer-owned entity for purposes of this section. ``(2) Special rules in event of death.-- ``(A) In general.--The period in paragraph (1) shall be suspended with respect to an eligible person for the 2-year period beginning on the date of death of such person. ``(B) Heirs who are eligible persons.--In the case that an heir of an eligible person is also an eligible person, neither paragraph (1) nor subparagraph (A) of this paragraph (unless elected by such heir) shall apply with respect to the transfer of property to such heir. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section. ``(g) Termination.--This section shall not apply to property placed in service after December 31, 2010.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) in the case of an eligible person (as defined in section 45G(c)), the value-added agricultural property investment credit determined under section 45G(a).''. (c) Credit Allowable Against Minimum Tax.-- (1) In general.--Paragraph (3) of section 38 of such Code is amended-- (A) by inserting ``and value-added agricultural property credit'' after ``employee credit'' in the heading, (B) by inserting ``and the value-added agricultural property credit'' after ``employee credit'' each place it appears in subparagraph (A), and (C) by adding at the end the following new subparagraph: ``(C) Value-added agricultural property credit.-- For purposes of this subsection, the term `value-added agricultural property credit' means the credit determined under section 45G.'' (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the value-added agricultural property credit'' after ``employment credit''. (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end thereof the following new paragraph: ``(10) No carryback of value-added agricultural property investment credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year ending before the date of the enactment of section 45G.''. (e) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``, and'', and by adding after paragraph (10) the following new paragraph: ``(11) the value-added agricultural property investment credit determined under section 45G.''. (f) Basis Adjustment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``; and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 45G(d)(3), in the case of payments with respect to which a credit has been allowed under section 38.''. (g) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new section: ``Sec. 45G. Value-added agricultural property investment credit.''. (h) Effective Date.--The amendments made by this section shall apply to qualified investments (as defined in section 45G(c)(5) of the Internal Revenue Code of 1986 (as added by this section) made, and property placed in service, after December 31, 2004.", "summary": "Agricultural Producers Value-Added Investment Tax Credit Act of 2004 - Amends the Internal Revenue Code to allow individuals who materially participate in a farming business and certain farmer-owned entities a business tax credit up to $30,000 for investment in qualified value-added agricultural property. Defines \"qualified value-added agricultural property\" as depreciable property which is used to add value to a good or product, suitable for food or nonfood use, derived in whole or in part from organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood wastes and residues, and domesticated animal wastes. Terminates the credit after 2010."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Innovation and Entrepreneurship Enhancement Act of 2014''. SEC. 2. OFFICE OF INNOVATION AND ENTREPRENEURSHIP. Section 25 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3720) is amended to read as follows: ``SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEURSHIP. ``(a) In General.--The Secretary shall establish an Office of Innovation and Entrepreneurship with a Director and full-time staff to foster innovation and the commercialization of new technologies, products, processes, and services with the goal of promoting productivity and economic growth in the United States. ``(b) Duties.--The Office of Innovation and Entrepreneurship shall be responsible for-- ``(1) developing policies to accelerate innovation and advance the commercialization of research and development, including federally funded research and development; ``(2) identifying existing barriers to innovation and commercialization, including access to capital and other resources, and ways to overcome those barriers, particularly in States participating in the Experimental Program to Stimulate Competitive Research; ``(3) providing access to relevant data, research, and technical assistance on innovation and commercialization, including best practices for university-based incubators and accelerators; ``(4) overseeing the implementation of the loan guarantee programs and the Regional Innovation Program established under sections 26 and 27, respectively; ``(5) developing, within 180 days after the date of enactment of the Regional Innovation and Entrepreneurship Enhancement Act of 2014, and updating at least every 5 years, a strategic plan to guide the activities of the Office of Innovation and Entrepreneurship that shall-- ``(A) specify and prioritize near-term and long- term goals, objectives, and policies to accelerate innovation and advance the commercialization of research and development, including federally funded research and development, set forth the anticipated time for achieving the objectives, and identify metrics for use in assessing progress toward such objectives; ``(B) describe how the Department of Commerce is working in conjunction with other Federal agencies to foster innovation and commercialization across the United States; and ``(C) provide a summary of the activities, including the development of metrics to evaluate regional innovation strategies undertaken through the Regional Innovation Research and Information Program established under section 27(c); ``(6) strengthening collaboration on and coordination of policies relating to innovation and commercialization, including those focused on the needs of small businesses and rural communities, within the Department of Commerce, between the Department of Commerce and other Federal agencies, and between the Department of Commerce and appropriate State government agencies and institutions, as appropriate; and ``(7) any other duties as determined by the Secretary. ``(c) Advisory Committee.-- ``(1) Establishment.--The Secretary shall establish or designate an advisory committee, which shall meet at least twice each fiscal year, to provide advice to the Secretary on carrying out the duties and responsibilities of the Office of Innovation and Entrepreneurship. ``(2) Report to congress.--The advisory committee shall prepare a report, to be submitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate every 3 years. The first report shall be submitted not later than 1 year after the date of enactment of the Regional Innovation and Entrepreneurship Enhancement Act of 2014 and shall include-- ``(A) an assessment of the strategic plan developed under subsection (b)(5) and the progress made in implementing the plan and the duties of the Office of Innovation and Entrepreneurship; ``(B) an assessment of how the Office of Innovation and Entrepreneurship is working with other Federal agencies to meet the goals and duties of the office; and ``(C) any recommendations for how the Office of Innovation and Entrepreneurship could be improved. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2014 through 2018 to carry out this section.''. SEC. 3. REGIONAL INNOVATION PROGRAM. Section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722) is amended to read as follows: ``SEC. 27. REGIONAL INNOVATION PROGRAM. ``(a) Establishment.--The Secretary shall establish a regional innovation program to encourage and support the development of regional innovation strategies, including regional innovation clusters. ``(b) Cluster Grants.-- ``(1) In general.--As part of the program established under subsection (a), the Secretary may award grants on a competitive basis to eligible recipients for activities relating to the formation and development of regional innovation clusters. ``(2) Permissible activities.--Grants awarded under this subsection may be used for activities determined appropriate by the Secretary, including the following: ``(A) Feasibility studies. ``(B) Planning activities. ``(C) Technical assistance. ``(D) Developing or strengthening communication and collaboration between and among participants of a regional innovation cluster. ``(E) Attracting additional participants to a regional innovation cluster. ``(F) Facilitating market development of products and services developed by a regional innovation cluster, including through demonstration, deployment, technology transfer, and commercialization activities. ``(G) Developing relationships between a regional innovation cluster and entities or clusters in other regions. ``(H) Interacting with the public and State and local governments to meet the goals of the cluster. ``(3) Eligible recipient defined.--In this subsection, the term `eligible recipient' means-- ``(A) a State; ``(B) an Indian tribe; ``(C) a city or other political subdivision of a State; ``(D) an entity that-- ``(i) is a nonprofit organization, an institution of higher education, a public- private partnership, a science or research park, a Federal laboratory, or an economic development organization or similar entity; and ``(ii) has an application that is supported by a State or a political subdivision of a State; or ``(E) a consortium of any of the entities described in subparagraphs (A) through (D). ``(4) Application.-- ``(A) In general.--An eligible recipient shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ``(B) Components.--The application shall include, at a minimum, a description of the regional innovation cluster supported by the proposed activity, including a description of-- ``(i) whether the regional innovation cluster is supported by the private sector, State and local governments, and other relevant stakeholders; ``(ii) how the existing participants in the regional innovation cluster will encourage and solicit participation by all types of entities that might benefit from participation, including newly formed entities and those rival existing participants; ``(iii) the extent to which the regional innovation cluster is likely to stimulate innovation and have a positive impact on regional economic growth and development; ``(iv) whether the participants in the regional innovation cluster have access to, or contribute to, a well-trained workforce; ``(v) whether the participants in the regional innovation cluster are capable of attracting additional funds from non-Federal sources; and ``(vi) the likelihood that the participants in the regional innovation cluster will be able to sustain activities once grant funds under this subsection have been expended. ``(C) Special consideration.--The Secretary shall give special consideration to applications from regions that contain communities negatively impacted by trade. ``(5) Special consideration.--The Secretary shall give special consideration to an eligible recipient who agrees to collaborate with local workforce investment area boards. ``(6) Cost share.--The Secretary may not provide more than 50 percent of the total cost of any activity funded under this subsection. ``(7) Outreach to rural communities.--The Secretary shall conduct outreach to public and private sector entities in rural communities to encourage those entities to participate in regional innovation cluster activities under this subsection. ``(8) Funding.--The Secretary may accept funds from other Federal agencies to support grants and activities under this subsection. ``(c) Regional Innovation Research and Information Program.-- ``(1) In general.--As part of the program established under subsection (a), the Secretary shall establish a regional innovation research and information program-- ``(A) to gather, analyze, and disseminate information on best practices for regional innovation strategies (including regional innovation clusters), including information relating to how innovation, productivity, and economic development can be maximized through such strategies; ``(B) to provide technical assistance, including through the development of technical assistance guides, for the development and implementation of regional innovation strategies (including regional innovation clusters); ``(C) to support the development of relevant metrics and measurement standards to evaluate regional innovation strategies (including regional innovation clusters), including the extent to which such strategies stimulate innovation, productivity, and economic development; and ``(D) to collect and make available data on regional innovation cluster activity in the United States, including data on-- ``(i) the size, specialization, and competitiveness of regional innovation clusters; ``(ii) the regional domestic product contribution, total jobs and earnings by key occupations, establishment size, nature of specialization, patents, Federal research and development spending, and other relevant information for regional innovation clusters; and ``(iii) supply chain product and service flows within and between regional innovation clusters. ``(2) Research grants.--The Secretary may award research grants on a competitive basis to support and further the goals of the program established under this subsection. ``(3) Dissemination of information.--Data and analysis compiled by the Secretary under the program established in this subsection shall be made available to other Federal agencies, State and local governments, and nonprofit and for-profit entities. ``(4) Regional innovation grant program.--The Secretary shall incorporate data and analysis relating to any grant under subsection (b) into the program established under this subsection. ``(d) Interagency Coordination.-- ``(1) In general.--To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this section are coordinated with, and do not duplicate the efforts of, other programs at the Department of Commerce or other Federal agencies. ``(2) Collaboration.-- ``(A) In general.--The Secretary shall explore and pursue collaboration with other Federal agencies, including through multiagency funding opportunities, on regional innovation strategies. ``(B) Small businesses.--The Secretary shall ensure that such collaboration with Federal agencies prioritizes the needs and challenges of small businesses. ``(e) Evaluation.-- ``(1) In general.--Not later than 3 years after the date of enactment of the America COMPETES Reauthorization Act of 2010, the Secretary shall enter into a contract with an independent entity, such as the National Academy of Sciences, to conduct an evaluation of the program established under subsection (a). ``(2) Requirements.--The evaluation shall include-- ``(A) whether the program is achieving its goals; ``(B) any recommendations for how the program may be improved; and ``(C) a recommendation as to whether the program should be continued or terminated. ``(f) Definitions.--In this section: ``(1) Regional innovation cluster.--The term `regional innovation cluster' means a geographically bounded network of similar, synergistic, or complementary entities that-- ``(A) are engaged in or with a particular industry sector; ``(B) have active channels for business transactions and communication; ``(C) share specialized infrastructure, labor markets, and services; and ``(D) leverage the region's unique competitive strengths to stimulate innovation and create jobs. ``(2) State.--The term `State' means one of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States. ``(g) Authorization of Appropriations.--There are authorized to be appropriated $100,000,000 for each of fiscal years 2014 through 2018 to carry out this section.''.", "summary": "Regional Innovation and Entrepreneurship Enhancement Act of 2014 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to: (1) expand the duties and reporting requirements of the Office of Innovation and Entrepreneurship, including by requiring the development of a strategic plan to guide the activities of the Office; (2) authorize appropriations for such Office for FY2014-FY2018; and (3) modify the Regional Innovation Program established by such Act to eliminate provisions relating to science and research parks and require outreach to public and private sector entities in rural communities to encourage participation in Program activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Documentation and Program Improvement Act of 2017''. SEC. 2. INFORMATION TO SATISFY DOCUMENTATION OF MEDICARE ELIGIBILITY FOR HOME HEALTH SERVICES. (a) Part A.--Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended by inserting before ``For purposes of paragraph (2)(C),'' the following new sentence: ``For purposes of documentation for physician certification and recertification made under paragraph (2) on or after January 1, 2018, and made with respect to home health services furnished by a home health agency, in addition to using documentation in the medical record of the physician who so certifies or the medical record of the acute or post-acute care facility (in the case that home health services were furnished to an individual who was directly admitted to the home health agency from such a facility), the Secretary shall use documentation in the medical record of the home health agency as supporting material, as appropriate to the case involved.''. (b) Part B.--Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended by inserting before ``For purposes of paragraph (2)(A),'' the following new sentence: ``For purposes of documentation for physician certification and recertification made under paragraph (2) on or after January 1, 2018, and made with respect to home health services furnished by a home health agency, in addition to using documentation in the medical record of the physician who so certifies or the medical record of the acute or post-acute care facility (in the case that home health services were furnished to an individual who was directly admitted to the home health agency from such a facility), the Secretary shall use documentation in the medical record of the home health agency as supporting material, as appropriate to the case involved.''. SEC. 3. VOLUNTARY SETTLEMENT OF HOME HEALTH CLAIMS. (a) Settlement Process for Home Health Claims.-- (1) In general.--Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall establish a settlement process under which a home health agency entitled to an eligible administrative appeal has the option to enter into a settlement with the Secretary that is reached in a manner consistent with the succeeding paragraphs of this subsection. (2) Process and consideration of home health claims.--A settlement under paragraph (1) with a home health agency that is with respect to an eligible administrative appeal may only be reached in accordance with the following process: (A) A settlement under such paragraph with the home health agency shall be with respect to all claims by such agency, subject to paragraph (4), that, as of the date of such settlement, are under an eligible administrative appeal. (B) For the duration of the settlement process with such agency, an eligible administrative appeal that is with respect to any such claim by such agency shall be suspended. (C) Under the settlement process, the Secretary shall determine an aggregate amount to be paid to the home health agency with respect to all claims by such agency that are under an eligible administrative appeal in the following manner: (i) The Secretary shall, for purposes of applying clause (ii) with respect to all settlements under paragraph (1), select a percentage. In selecting such percentage, the Secretary shall consider the percentage used under the Centers for Medicare & Medicaid Services hospital appeals settlement that began on October 31, 2014. (ii) The Secretary shall, with respect to each denied claim for such agency that is under an eligible administrative appeal, calculate an amount (referred to in this subparagraph as an ``individual claim amount'') by multiplying the net payable amount for such claim by the percentage selected under clause (i). (iii) Such aggregate amount with respect to such agency shall be determined by calculating the total sum of all the individual claim amounts calculated under clause (ii) with respect to such agency. (3) Effect of process.-- (A) Effect of settlement.-- (i) Further appeal.--As part of any settlement under paragraph (1) between a home health agency and the Secretary, such home health agency shall be required to forego the right to an administrative appeal under section 1869 of the Social Security Act (42 U.S.C. 1395ff) or section 1878 of such Act (42 U.S.C. 1395oo) (including any redetermination, reconsideration, hearing, or review) with respect to any claims for home health services that are subject to the settlement. (ii) Judicial review.--There shall be no administrative or judicial review under such section 1869 or otherwise of a settlement under paragraph (1) and the claims covered by the settlement. (B) Effect of no settlement.--In the event that the process described in paragraph (2) does not, with respect to a home health agency, result in a settlement under paragraph (1) with such agency, any appeal under such section 1869 that is with respect to a claim by such agency that was suspended pursuant to paragraph (2)(B) shall resume under such section. (4) Coordination with law enforcement.--The Secretary of Health and Human Services shall establish a process under which individuals in the Department of Health and Human Services responsible for executing a settlement under paragraph (1) may, in order to avoid the inadvertent settlement of cases that involve fraud or other criminal activity, coordinate with appropriate law enforcement agencies. (b) No Entitlement to Settlement Process.--Nothing in this section shall be construed as creating an entitlement to enter into a settlement process established pursuant to subsection (a). (c) Eligible Administrative Appeal Defined.--For purposes of this section, the term ``eligible administrative appeal'' means an appeal under section 1869 of the Social Security Act (42 U.S.C. 1395ff) (including any redetermination, reconsideration, hearing, or review)-- (1) that is with respect to one or more claims that-- (A) are for home health services that-- (i) were furnished on or after January 1, 2011, and before January 1, 2015; and (ii) were reasonable and necessary under section 1862(a)(1)(A) of such Act (42 U.S.C. 1395y(a)(1)(A)); and (B) were timely filed consistent with section 1814(a)(1) of such Act (42 U.S.C. 1395f(a)(1)) or sections 1835(a)(1) and 1842(b)(3) of such Act (42 U.S.C. 1395n(a)(1), 1395u(b)(3)); and (2) either-- (A) was timely filed consistent with section 1869 of such Act (42 U.S.C. 1395ff) and is pending; or (B) for which the applicable time frame to file an appeal has not expired. (d) Conforming Amendment.--Section 1869 of the Social Security Act (42 U.S.C. 1395ff) is amended by adding at the end the following new subsection: ``(j) Application With Respect to Certain Home Health Claims.--For the application of the provisions of this section with respect to certain claims for home health services that were furnished on or after January 1, 2011, and before January 1, 2015, see section 3 of the Home Health Documentation and Program Improvement Act of 2017.''.", "summary": "Home Health Documentation and Program Improvement Act of 2017 This bill requires the Centers for Medicare & Medicaid Services (CMS) to use an individual's medical record from a home-health agency, as appropriate, to support certification of such individual's Medicare eligibility for home-health services. The bill requires the CMS to establish a process for home-health agencies that are entitled to an administrative appeal after being denied eligibility for Medicare reimbursement to, instead, enter into a settlement with the CMS."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Affordable Childcare for Everyone Act'' or the ``PACE Act''. SEC. 2. REFUNDABILITY OF CHILD AND DEPENDENT CARE TAX CREDIT. (a) In General.--The Internal Revenue Code of 1986 is amended-- (1) by redesignating section 21 as section 36C, and (2) by moving section 36C, as so redesignated, from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (b) Technical Amendments.-- (1) Paragraph (1) of section 23(f) of the Internal Revenue Code of 1986 is amended by striking ``21(e)'' and inserting ``36C(e)''. (2) Paragraph (6) of section 35(g) of such Code is amended by striking ``21(e)'' and inserting ``36C(e)''. (3) Paragraph (1) of section 36C(a) of such Code (as redesignated by subsection (a)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (4) Subparagraph (C) of section 129(a)(2) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (5) Paragraph (2) of section 129(b) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 36C(d)(2)''. (6) Paragraph (1) of section 129(e) of such Code is amended by striking ``section 21(b)(2)'' and inserting ``section 36C(b)(2)''. (7) Subsection (e) of section 213 of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (8) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (9) Subparagraph (L) of section 6213(g)(2) of such Code is amended by striking ``section 21, 24, or 32,'' and inserting ``section 24, 32, or 36C,''. (10) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (11) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following: ``Sec. 36C. Expenses for household and dependent care services necessary for gainful employment.''. (12) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 3. ENHANCEMENT OF THE CHILD AND DEPENDENT CARE TAX CREDIT. (a) In General.--Section 36C of the Internal Revenue Code of 1986, as redesignated by section 2 of this Act, is amended-- (1) in paragraph (1) of subsection (a), by striking ``35 percent reduced (but not below 20 percent)'' and inserting ``50 percent reduced (but not below 35 percent)'', (2) by redesignating subsection (f) as subsection (g), and (3) by inserting after subsection (e) the following new subsection: ``(f) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 2016, each of the dollar amounts in subsections (a)(2) and (c) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any increase determined under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 4. INCREASE IN EXCLUSION FOR EMPLOYER-PROVIDED DEPENDENT CARE ASSISTANCE. (a) In General.--Subparagraph (A) of section 129(a)(2) of the Internal Revenue Code of 1986 (relating to dependent care assistance programs) is amended by striking ``$5,000 ($2,500'' and inserting ``$7,500 (half such dollar amount''. (b) Inflation Adjustment.--Paragraph (2) of section 129(a) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2017, the $7,500 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2016' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016.", "summary": "Promoting Affordable Childcare for Everyone Act or the PACE Act This bill amends the Internal Revenue Code, with respect to the tax credit for expenses for household and dependent care services necessary for gainful employment (known as the Child and Dependent Care Tax Credit), to: (1) make the credit refundable, (2) increase the rate for the credit, and (3) require the dollar amounts for such credit to be adjusted for inflation after 2016. The bill also increases the amount of employer-provided dependent care assistance which may be excluded from the gross income of an employee and requires the increased exclusion amount to be adjusted for inflation after 2017."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Absentee Ballot Track, Receive, and Confirm Act''. SEC. 2. REIMBURSEMENT FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS. (a) Reimbursement.--Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part: ``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS ``SEC. 297. PAYMENTS TO STATES. ``(a) Payments For Costs of Establishing Program.--In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing, if the State so chooses to establish, an absentee ballot tracking program with respect to elections for Federal office held in the State (including costs incurred prior to the date of the enactment of this part). ``(b) Absentee Ballot Tracking Program Described.-- ``(1) Program described.-- ``(A) In general.--In this part, an `absentee ballot tracking program' is a program to track and confirm the receipt of absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of voted absentee ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot, by means of online access using the Internet site of the official's office. ``(B) Information on whether vote was counted.--The information referred to under subparagraph (A) with respect to the receipt of an absentee ballot shall include information regarding whether the vote cast on the ballot was counted, and, in the case of a vote which was not counted, the reasons therefor. ``(2) Use of toll-free telephone number by officials without internet site.--A program established by a State or local election official whose office does not have an Internet site may meet the description of a program under paragraph (1) if the official has established a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information on the receipt of the voted absentee ballot as provided under such paragraph. ``(c) Certification of Compliance and Costs.-- ``(1) Certification required.--In order to receive a payment under this section, a State shall submit to the Commission a statement containing-- ``(A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and ``(B) a statement of the costs incurred by the State in establishing the program. ``(2) Amount of payment.--The amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of-- ``(A) the number of jurisdictions in the State which are responsible for operating the program; and ``(B) $3,000. ``(3) Limit on number of payments received.--A State may not receive more than one payment under this part. ``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--There are authorized to be appropriated to the Commission for fiscal year 2010 and each succeeding fiscal year such sums as may be necessary for payments under this part. ``(b) Continuing Availability of Funds.--Any amounts appropriated pursuant to the authorization under this section shall remain available until expended.''. (b) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: ``Part 7--Payments To Reimburse States for Costs Incurred in Establishing Program To Track and Confirm Receipt of Absentee Ballots ``Sec. 297. Payments to States. ``Sec. 297A. Authorization of appropriations.''. Passed the House of Representatives July 30, 2009. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Absentee Ballot Track, Receive, and Confirm Act - Amends the Help America Vote Act of 2002 to direct the Election Assistance Commission (EAC) to make a payment to reimburse a state for the costs incurred in establishing, if the state so chooses, an absentee ballot tracking program for federal elections."}
{"article": "SECTION 1. SHORT TITLE; CONSTITUTIONAL AUTHORITY. (a) Short Title.--This Act may be cited as the ``Homeowner Empowerment Act of 2008''. (b) Constitutional Authority To Enact This Legislation.--The constitutional authority upon which this Act rests is the power of Congress to lay and collect taxes, set forth in article I, section 8 of the United States Constitution. SEC. 2. EXCLUSION FROM GROSS INCOME OF CERTAIN DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS USED FOR MORTGAGE PAYMENTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139A the following new section: ``SEC. 139B. CERTAIN DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS USED FOR MORTGAGE PAYMENTS. ``(a) In General.--Gross income shall not include a qualified mortgage distribution. ``(b) Limitation.--Subsection (a) shall not apply to any distribution made in any month to the extent that such distribution (when added to all other distributions made in such month which are taken into account under subsection (a) with respect to any individual) exceeds $5,000. ``(c) Qualified Mortgage Distribution.--For purposes of this section-- ``(1) In general.--The term `qualified mortgage distribution' means any distribution which is made before January 1, 2010, from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii), directly by the trustee of the plan to a mortgagee with respect to a qualified mortgage of any individual. Such term shall not include any distribution to the extent that such distribution exceeds the required minimum payment due under the terms of the mortgage. ``(2) Qualified mortgage.--The term `qualified mortgage' means any mortgage which is-- ``(A) secured by the principal residence (within the meaning of section 121) of the mortgagor, and ``(B) originated before January 1, 2008. ``(d) Requirement To Repay Distributions.--For purposes of this section-- ``(1) In general.--The term `qualified mortgage distribution' shall not include any distribution except to the extent that one or more contributions to an individual retirement plan of the taxpayer in an aggregate amount equal to such distribution are made during the 12-year period beginning on the date of such distribution. ``(2) Treatment of recontributions.--In the case of any contribution to an individual retirement plan taken into account under paragraph (1)-- ``(A) the dollar limitations otherwise applicable to contributions to individual retirement plans shall not apply to such contribution, and ``(B) no deduction shall be allowed for such contribution. ``(3) Failure to repay.--In the case of a failure to make the aggregate amount of contributions described in paragraph (1) during the 12-year period described therein with respect to any distribution which would (but for paragraph (1)) be a qualified mortgage distribution, such distribution shall be includible in the gross income of the taxpayer for the taxable year in which such 12-year period ends in lieu of the taxable year in which the distribution was made.''. (b) Waiver of 10 Percent Early Withdrawal Penalty Without Regard to Repayment Requirement.--Paragraph (2) of section 72(t) is amended by adding at the end the following new subparagraph: ``(H) Qualified mortgage distributions.--Any qualified mortgage distribution (as defined in section 139B, but without regard to subsection (d) thereof).''. (c) Conforming Amendments.-- (1) Section 401(k)(2)(B)(i) of such Code is amended by striking ``or'' at the end of subclause (IV), by striking ``and'' at the end of subclause (V) and inserting ``or'', and by inserting after subclause (V) the following new subclause: ``(VI) in the case of a distribution to which section 139B(a) applies, the date on which such distribution is made, and''. (2) Section 403(b)(7)(A)(ii) of such Code is amended by inserting ``or 139B(a)'' after ``section 72(t)(2)(G)''. (3) Section 403(b)(11) of such Code is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) for distributions to which section 139B(a) applies.''. (d) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.", "summary": "Homeowner Empowerment Act of 2008 - Amends the Internal Revenue Code to: (1) exclude from gross income distributions from individual retirement plans and other qualified retirement plans for payments on the mortgage of a taxpayer's principal residence; (2) require repayments of amounts distributed from such retirement plans over a 12-year period; and (3) waive the 10% penalty on premature distributions from retirement plans for distributions used to pay a mortgage."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Amendments Act of 2003''. SEC. 2. AMENDMENTS TO CIVIL RIGHTS ACT OF 1964. (a) Public Accommodations.--(1) Section 201(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(a)) is amended by striking ``religion,'' and inserting ``religion, affectional or sexual orientation,''. (2) Section 202 of such Act (42 U.S.C. 2000a-1) is amended by striking ``religion,'' and inserting ``religion, affectional or sexual orientation.''. (b) Public Facilities.--Section 301(a) of such Act (42 U.S.C. 2000b(a)) is amended by striking ``religion,'' and inserting ``religion, affectional or sexual orientation,''. (c) Federally Assisted Programs.--Section 601 of such Act (42 U.S.C. 2000d) is amended by striking ``color,'' and inserting ``color, affectional or sexual orientation,''. (d) Equal Employment Opportunities.--(1) Sections 703(a), 703(b), 703(c), 703(d), 703(e), 703(h), 703(j), 704(b), 706(g), and 717(a) of such Act (42 U.S.C. 2000e-2(a), 2000e-2(b), 2000e-2(c), 2000e-2(d), 2000e-(e), 2000e-2(h), 2000e-2(j), 2000e-3(b), 2000e-5(g), and 2000e- 16(a)) are amended by striking ``sex,'' each place it appears and inserting ``sex, affectional or sexual orientation,''. (2) Section 717(c) of such Act (42 U.S.C. 2000e-16(c)) is amended by striking ``sex'' and inserting ``sex, affectional or sexual orientation,''. (3) Section 703(h) of such Act (42 U.S.C. 2000e-2(h)) is amended by striking ``sex'' the first place it appears and inserting ``sex, affectional or sexual orientation,''. (4) The heading of section 703 of such Act is amended by striking ``sex,'' and inserting ``sex, affectional or sexual orientation,''. (e) Intervention by Attorney General in Civil Rights Cases.-- Section 902 of such Act (42 U.S.C. 2000h-2) is amended by striking ``sex'' and inserting ``sex, affectional or sexual orientation,''. (f) Definition; Rules of Interpretation.--Title XI of such Act (42 U.S.C. 2000h et seq.) is amended by adding at the end the following new section: ``affectional or sexual orientation ``Sec. 1107. (a) Definition.--For purposes of titles II, III, VI, VII, and IX of this Act, the term `affectional or sexual orientation' means male or female homosexuality, heterosexuality, and bisexuality by orientation or practice, by and between consenting adults. ``(b) Rules of Interpretation.--(1) Nothing in this Act shall be construed to permit or require-- ``(A) that a finding of discrimination on the basis of affectional or sexual orientation be based on any statistical differences in the incidence of persons of a particular affectional or sexual orientation in the general population as opposed to the incidence of such persons in the activity concerned; or ``(B) the use of any quota as a remedy for discrimination on the basis of affectional or sexual orientation. ``(2) Nothing in this Act shall be construed to require any person to disclose a personal affectional or sexual orientation.''. SEC. 3. AMENDMENTS TO FAIR HOUSING ACT. (a) Housing Sale and Rental, Residential Real-Estate-Related Transactions, and Brokerage Services.--(1) Section 804 of the Civil Rights Act of 1968 (42 U.S.C. 3604) is amended by striking ``religion,'' each place it appears and inserting ``religion, affectional and sexual orientation (as such term is defined in section 802(p)),''. (2) Section 805 of such Act (42 U.S.C. 3605) is amended by striking ``religion,'' each place it appears and inserting ``religion, affectional or sexual orientation (as such term is defined in section 802(p)),''. (3) Section 806 of such Act (42 U.S.C. 3606) is amended by striking ``religion,'' and inserting ``religion, affectional or sexual orientation (as such term is defined in section 802(p)),''. (b) Prevention of Intimidation.--Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by striking ``religion,'' each place it appears and inserting ``religion, affectional or sexual orientation (as such term is defined in section 802(p)),''. (c) Definition.--Section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602) is amended by adding at the end the following new subsection: ``(p) `Affectional or sexual orientation' means male or female homosexuality, heterosexuality, and bisexuality by orientation or practice, by and between consenting adults.''. (d) Rules of Interpretation.--(1) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) is amended by adding at the end the following new section: ``rules of interpretation regarding affectional or sexual orientation ``Sec. 821. (a) Findings of Discrimination; Quotas.--Nothing in this Act shall be construed to permit or require-- ``(1) that a finding of discrimination on the basis of affectional or sexual orientation be based on any statistical differences in the incidence of persons of a particular affectional or sexual orientation in the general population as opposed to the incidence of such persons in the activity concerned; or ``(2) the use of any quota as a remedy for discrimination on the basis of affectional or sexual orientation. ``(b) Protection of Privacy Rights.--Nothing in this Act shall be construed to require any person to disclose a personal affectional or sexual orientation.''. (2) Title IX of such Act (42 U.S.C. 3631 et seq.) is amended by adding at the end the following new section: ``application of rules of interpretation regarding affectional or sexual orientation ``Sec. 902. The provisions of this title are subject to the rules of interpretation described in section 821 of this Act.''. \u001a", "summary": "Civil Rights Amendments Act of 2003 - Amends the Civil Rights Act of 1964 to prohibit discrimination on the basis of affectional or sexual orientation with respect to: (1) public accommodations; (2) public facilities; (3) federally assisted programs; (5) equal employment opportunities; (6) housing sales and rentals; and (7) brokerage services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Counter Terrorism Financing Coordination Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) In an October 2005 report to the Congress, the Comptroller General reviewed the United States Government's interagency efforts to coordinate the delivery of training and technical assistance to countries vulnerable to terrorist financing, and issues of accountability in the blocking of terrorist assets held in the United States by the Secretary of the Treasury. (2) In April 2006, the Comptroller General of the United States testified before the Congress on the findings of the October 2005 report and, among other things, the Comptroller General testified that ``Although the United States Government provides a range of training and technical assistance to countries it deems vulnerable to terrorist financing, it does not have a strategic and integrated plan to coordinate the delivery of this assistance.''. (3) The Terrorist Financing Working Group, an interagency entity established by the National Security Council and chaired by the Secretary of State, coordinates the delivery of training and technical assistance to nearly two dozen countries the Working Group considers to be priority countries, as well as to other countries the Working Group considers to be nonpriority countries, that are vulnerable to terrorist financing. (4) The Comptroller General testified that the Secretary of State and the Secretary of the Treasury disagree about the roles and procedures of each agency within the Terrorist Financing Working Group for the delivery of counterterrorism financing training and technical assistance, thereby causing the overall effort to lack effective leadership. (5) An example of how this disagreement has impacted the delivery of training and technical assistance to countries vulnerable to terrorist financing is as follows: (A) In May 2005, the Department of State denied a Department of the Treasury employee official entry into a priority country in response to a request from the central bank of that country to set up a financial intelligence unit. (B) The Secretary of State told the Comptroller General that the Department wanted to conduct a Terrorist Financing Working Group assessment before allowing the Department of the Treasury to continue its work. (C) According to the report of the Government Accountability Office, the United States Ambassador to the country requested a delay in the assessment and the work of the Department of the Treasury was allowed to proceed. (D) However, as a result of this disagreement, the entry of the Department of the Treasury official into the country and the work itself was delayed by several months. (6) The Comptroller General testified that the interagency coordinating effort on terrorist financing training and technical assistance lacked other key elements that are critical to effective strategic planning, such as the strategic alignment of resources with needs and risks, and a process to measure results. (7) The October 2005 report of the Comptroller General found that the Attorney General, who provides technical assistance in the drafting of anti-terrorist financing legislation for priority countries, concluded that ``having procedures and practices for Terrorist Financing Working Group priority countries that differ from those for other vulnerable countries creates problems''. (8) The October 2005, report of the Comptroller General cited several instances of interagency disagreements on whether it is appropriate for contractors for the United States to provide legislative drafting assistance for counterterrorism financing legislation. (9) In connection with this disagreement, the Secretary of State and the Attorney General believe that legislative drafting should be conducted by officials of the Department of Justice, while the Secretary of the Treasury, in some instances, advocated the use of contractors for nonpriority countries. (10) The Attorney General objected to the use of contractors and indicated that previous contractor work on legislative drafting did not meet international standards for effective counterterrorism financing legislation, citing as an example the work of a contractor to the Agency for International Development who assisted in drafting legislation which officials of the Department of Justice had to complete because the draft included substantial deficiencies, in the opinion of the Attorney General. (11) In April 2006, officials representing the Secretary of State and the Secretary of the Treasury testified before the Financial Services Committee of the House of Representatives that they did not act on the Comptroller General's recommendations to develop a strategic and integrated plan for the delivery of counterterrorism financing training and technical assistance and to enter into an interagency Memorandum of Agreement that clarifies each agency's roles and responsibilities. (12) The officials testified that both the Secretary of State and the Secretary of the Treasury believe that an integrated strategic plan already exists and that ``There is no desire among the Terrorist Financing Working Group agencies to reinvent a process that has worked well for several years and worked even better since the issuance of the General Accountability Office report.''. (13) The Comptroller General recommended in his congressional testimony that Congress require ``the Secretary of State and the Secretary of the Treasury to submit an annual report to Congress showing the status of interagency efforts to develop and implement an integrated strategic plan and Memorandum of Agreement to ensure Terrorist Financing Working Group's seamless functioning, particularly with respect to Terrorist Financing Working Group roles and procedures''. SEC. 3. MEMORANDUM OF AGREEMENT REQUIRED. (a) In General.--The Secretary of State and the Secretary of the Treasury shall negotiate and enter into a Memorandum of Agreement (hereafter in this section referred to as the ``Agreement'') specifying the role of each of the Secretary's respective Department in the delivery of counterterrorism financing training and technical assistance provided to countries abroad (without regard to whether any country is designated as a priority country or a nonpriority country by the Terrorist Financing Working Group). (b) Specific Subject to Be Included.--In addition to such other matters as the Secretary of State and the Secretary of the Treasury determine to be appropriate for inclusion in the Agreement, the Agreement shall include the following: (1) Leadership and role.--The specific designation of leadership, and the role of each agency, in the delivery of counterterrorism financing training and technical assistance to all countries (without regard to whether any country is designated as a priority country or a nonpriority country by the Terrorist Financing Working Group). (2) Dispute resolution methodology.--A methodology and procedures for resolving interagency disputes over the delivery of counterterrorism financing training and technical assistance, which shall include specific and reasonable timeframes for seeking such resolution before elevating unresolved disagreements to the next level of decision-making, up to and including the Secretaries, and a process for submitting any disputes the Secretaries are unable to resolve within a specific and reasonable timeframe to the National Security Council for resolution. (3) Coordination of funding and resources.--The coordination of funding and resources for counterterrorism financing and anti-money laundering training and technical assistance delivered to all countries (without regard to whether any country is designated as a priority country or a nonpriority country by the Terrorist Financing Working Group), including the means for providing a transparent assessment of United States Government resources and a method for aligning those resources with the needs of vulnerable countries. (4) Private contractors.--A procedure for determining the appropriateness of any use of contractors by the Secretary of the Treasury in the delivery of counterterrorism financing training and technical assistance in any country (without regard to whether the country is designated as a priority country or a nonpriority country by the Terrorist Financing Working Group), including a system for evaluating, in consultation with the Secretary of State, the Attorney General and other appropriate officers, the quality of work performed by such contractors. (5) Performance evaluation.--A process to measure the performance and results of counterterrorism training and technical assistance. SEC. 4. ANNUAL REPORT. (a) In General.--The Secretary of the Treasury shall include in the annual report to the Congress on terrorist assets complete information on the nature and extent of activities, during the period covered by the report, in blocking access of owners or account holders to financial assets due to the connection of such owners or accountholders to terrorism. (b) Contents.--The report under subsection (a) shall include the following: (1) The results of the performance evaluation under Memorandum of Agreement entered into pursuant to section 3 for the period covered by the report. (2) Differences in amounts blocked between the period covered by the report and preceding periods. (3) When and why blocks were removed from financial assets during period covered by the report. (4) The achievements and obstacles faced by the United States Government with respect to locating and blocking terrorist assets or in the delivery of counterterrorism financing training and technical assistance. (5) A classified index.", "summary": "Counter Terrorism Financing Coordination Act - Directs The Secretary of State and the Secretary of the Treasury to negotiate and enter into a Memorandum of Agreement specifying each Department's role in providing foreign counterterrorism financing training and technical assistance. Requires such Agreement to include provisions respecting: (1) leadership and role designations; (2) dispute resolution methodology; (3) funding and resource coordination; (4) private contractor determinations; and (5) performance evaluation criteria. Directs the Secretary of the Treasury to include in the annual congressional report on terrorist assets information on the nature and extent of activities to block the financial asset access of owners or account holders with terrorism connections."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Birthparent Assistance Act of 2008''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to enhance post-placement services for birthparents who have placed a child for adoption; (2) to initiate or enhance post-placement counseling services for birthparents who have placed a child for adoption; and (3) to identify how post-placement services for birthparents who have placed a child for adoption can be improved. SEC. 3. AUTHORIZATION OF POST-ADOPTION SERVICES FOR BIRTHPARENTS. (a) Services Authorized.--The Secretary of Health and Human Services shall, either directly or by grant to or contract with the eligible entities described in subsection (b), provide services described in subsection (c) for birthparents who have placed a child for adoption. (b) Eligible Entities.--The eligible entities referred to in subsection (a) are States, local governmental entities, and public or private agencies or organizations, including public or private licensed child welfare or adoption agencies or adoptive family groups and faith- based organizations. (c) Types of Services.--The types of services referred to in subsection (a) are-- (1) post-legal adoption services for birthparents; (2) counseling services for birthparents who have placed a child for adoption, including-- (A) individual counseling; (B) group counseling; and (C) family counseling; (3) establishment and operation of a nationally-available hotline to-- (A) provide counseling services described in paragraph (2) for birthparents; and (B) provide other information relating to the availability of post-adoption services and benefits for birthparents, including contact information for post- adoption services and benefits provided by States and local units of government, as appropriate; and (4) training of staff at hospitals and other appropriate birth care facilities relating to interaction of such staff with birthparents and adoptive families. (d) Application.--Each eligible entity referred to in subsection (a) that desires to receive a grant or enter into a contract with the Secretary under subsection (a) shall submit an application to the Secretary that describes the manner in which the entity will use funds under the grant or contract during the 3 fiscal years subsequent to the date of the application to accomplish the purposes of this section. Such application shall be in a form and manner determined to be appropriate by the Secretary. (e) Reports.--The Secretary shall require each eligible entity referred to in subsection (a) that receives a grant or enters into a contract with the Secretary under subsection (a) to submit to the Secretary a report on the services provided or activities carried out by the entity for each fiscal year for which the entity receives amounts under the grant or contract. The report shall contain such information as the Secretary determines is necessary to provide an accurate description of the services provided or activities carried out with such amounts. (f) Services To Supplement and Not Supplant.--Services provided under a grant or contract under subsection (a) shall supplement, and not supplant, services provided using any other funds made available for the same general purposes. (g) Technical Assistance and Administrative Provisions.--The Secretary shall-- (1) provide technical assistance to eligible entities referred to in subsection (a) that receive a grant or enter into a contract with the Secretary under subsection (a) for purposes of providing the services described in subsection (c); (2) as appropriate, coordinate the provision of services described in subsection (c) with other adoption-related research, training, services, and assistance activities carried out by the Department of Health and Human Services; and (3) either directly, or by grant to or contract with a public or private agency or organization-- (A) evaluate the implementation and effectiveness of the provision of services described in subsection (c) and other activities carried out under this section; (B) identify different post-placement services provided for birthparents, the availability and utilization of such services, and how post-placement services might be improved; and (C) not later than 3 years after the date of the enactment of this Act, submit to Congress a report that contains the results of the evaluation under subparagraph (A) and the information described in subparagraph (B). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--To carry out this Act, there are authorized to be appropriated to the Secretary of Health and Human Services-- (1) $30,000,000 for fiscal year 2009; and (2) such sums as may be necessary for each of the fiscal years 2010 through 2013. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.", "summary": "Birthparent Assistance Act of 2008 - Directs the Secretary of Health and Human Services to provide certain post-legal adoption services, counseling, and a nationally-available hotline for birthparents who have placed a child for adoption."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Drug Amendments of 1994''. SEC. 2. UNAPPROVED USES (a) General Rule.--Section 512(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(a)) is amended by adding the following new paragraphs at the end: ``(4)(A) Except as provided in subparagraph (B), if an approval of an application filed under subsection (b) is in effect with respect to a particular use or intended use of a new animal drug, the drug shall not be deemed unsafe for the purposes of paragraph (1) and shall be exempt from the requirements of section 502(f) with respect to a different use or intended use of the drug, other than a use in or on animal feed, if such use or intended use-- ``(i) is by or on the lawful written or oral order of a licensed veterinarian within the context of a veterinarian-client-patient relationship, as defined by the Secretary; and ``(ii) is in compliance with regulations promulgated by the Secretary that establish the conditions for such different use or intended use. Regulations under clause (ii) may prohibit particular uses of an animal drug and shall not permit such different use of an animal drug if the labeling of another animal drug which contains the same active ingredient and which is in the same dosage form and concentration provides for such different use. ``(B) If the Secretary finds that there is a reasonable probability that a use of an animal drug authorized under subparagraph (A) may present a risk to the public health, the Secretary may-- ``(i) establish a safe level for a residue of an animal drug when it is used for such different use authorized by subparagraph (A); and ``(ii) require the development of a practical, analytical method for the detection of residues of the drug above the safe level established under clause (i). The use of an animal drug which results in residues exceeding a safe level established under clause (i) shall be considered an unsafe use of such drug under paragraph (1). Safe levels may be established under clause (i) either by regulation or order. ``(C) The Secretary may by general regulation provide access to the records of veterinarians to ascertain any use or intended use authorized under subparagraph (A) that the Secretary has determined may present a risk to the public health. ``(D) If the Secretary finds, after affording an opportunity for public comment, that a use of an animal drug authorized under subparagraph (A) presents a risk to the public health or that an analytical method required under subparagraph (B) has not been developed and submitted to the Secretary, the Secretary may, by order, prohibit any such use. ``(5) If the approval of an application filed under section 505 is in effect, the drug under such application shall not be deemed unsafe for purposes of paragraph (1) and shall be exempt from the requirements of section 502(f) with respect to a use or intended use of the drug in animals if such use or intended use-- ``(A) is by or on the lawful written or oral order of a licensed veterinarian within the context of a veterinarian-client-patient relationship, as defined by the Secretary; and ``(B) is in compliance with regulations promulgated by the Secretary that establish the conditions for the use or intended use of the drug in animals.''. (b) Other Amendments.-- (1) Section 301.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended-- (A) in paragraph (e), by inserting ``512(a)(4)(C),'' before ``512(j)'', (B) by adding at the end the following: ``(u) The violation of section 512(a)(4)(A), 512(a)(4)(D), or 512(a)(5).''. (2) Section 512(e).--Section 512(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(e) is amended in subparagraph (A), by inserting before the semicolon the following: ``or the condition of use authorized under subsection (a)(4)(A)''. (3) Section 512(l).--Section 512(l)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(l)(1)) is amended by inserting after ``relating to experience'' the following: ``, including experience with uses authorized under subsection (a)(4)(A),''. (c) Regulations.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to implement paragraphs (4)(A) and (5) of section 512(a) of the Federal Food, Drug, and Cosmetic Act (as amended by subsection (a)). (d) Effective Date.--The amendments made by this section shall take effect upon the adoption of final regulations under subsection (c).", "summary": "Animal Drug Amendments of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to permit the extra-label use of drugs in animals if an approval of an application is in effect with respect to a particular use or intended use of a new animal drug and such use is upon the order of a licensed veterinarian within the context of a veterinarian-client-patient relationship and is in compliance with regulations that establish the conditions for such use. Authorizes the Secretary of Health and Human Services, if the Secretary finds that there is a reasonable probability that such use may present a risk to the public health, to establish a safe level for a residue of an animal drug when used for such different use and require the development of a practical, analytical method for the detection of residues of the drug above the safe level established. Prohibits such use if it results in residues exceeding the safe level."}
{"article": "SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Role Models Academy Demonstration Act''. (b) Purpose.--The purpose of this Act is to establish a Role Models Academy that-- (1) serves as a model, residential, military style magnet school for at-risk youth from around the Nation who cease to attend secondary school before graduation from secondary school; and (2) will foster a student's growth and development by providing a residential, controlled environment conducive for developing leadership skills, self-discipline, citizenship, and academic and vocational excellence in a structured living and learning environment. (c) Definitions.--For the purpose of this Act-- (1) the term ``Academy'' means the academy established under section 3; (2) the term ``former member of the Armed Forces'' means any individual who was discharged or released from service in the Armed Forces under honorable conditions; (3) the term ``local educational agency'' has the meaning given that term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); (4) the term ``secondary school'' has the meaning given that term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); and (5) the term ``Secretary'' means the Secretary of Education. SEC. 2. OBJECTIVES. The objectives of this Act are as follows: (1) To provide a comprehensive, coherent, integrated, high quality, cost-effective, residential, education and vocational training academy for the Nation's at-risk youth, designed to meet the entrance demands of colleges and universities and the needs of employers. (2) To establish a comprehensive, national partnership investment model among the Federal Government, States, corporate America, and colleges and universities. (3) To provide for community partnerships among local community leaders, businesses, and churches to provide mentoring to Academy students. (4) To provide for a community partnership between the Academy and the local school system under which model Academy students will serve as mentors to at-risk youth who are attending school to provide such in-school at-risk youth with valuable instruction and insights regarding-- (A) the prevention of drug use and crime; (B) self-restraint; and (C) conflict resolution skills. (5) To provide Academy students with-- (A) the tools to become productive citizens; (B) learning skills; (C) traditional, moral, ethical, and family values; (D) work ethics; (E) motivation; (F) self-confidence; and (G) pride. (6) To provide employment opportunities at the Academy for former members of the Armed Forces and participants in the program assisted under section 1151 of title 10, United States Code (Troops to Teachers Program). (7) To make the Academy available, upon demonstration of success, for expansion or duplication throughout every State, through block grant funding or other means. SEC. 3. ACADEMY ESTABLISHED. The Secretary shall carry out a demonstration program under which the Secretary establishes a four-year, residential, military style academy-- (1) that shall offer at-risk youth secondary school coursework and vocational training, and that may offer precollegiate coursework; (2) that focuses on the education and vocational training of youth at risk of delinquency or dropping out of secondary school; (3) whose teachers are primarily composed of former members of the Armed Forces or participants in the program assisted under section 1151 of title 10, United States Code (Troops to Teachers Program), if such former members or participants are qualified and trained to teach at the Academy; (4) that operates a mentoring program that-- (A) utilizes mentors from all sectors of society to serve as role models for Academy students; (B) provides, to the greatest extent possible, one- to-one mentoring relationships between mentors and Academy students; and (C) involves mentors providing academic tutoring, advice, career counseling, and role models; (5) that may contain a Junior Reserve Officers' Training Corps unit established in accordance with section 2031 of title 10, United States Code; (6) that is housed on the site of any military installation closed pursuant to a base closure law; and (7) if the Secretary determines that the Academy is effective, that serves as a model for similar military style academies throughout the United States.", "summary": "Role Models Academy Demonstration Act - Directs the Secretary of Education to carry out a demonstration program under which a four-year, residential, military-style academy (the Role Models Academy) is established which: (1) offers at-risk youth secondary school coursework and vocational training (and may offer precollegiate coursework); (2) focuses on the education and vocational training of youth at risk of delinquency or dropping out of secondary school; (3) has a teaching staff primarily composed of former members of the armed forces or participants in the Troops to Teachers Program, if they are qualified and trained to teach at the Academy; (4) operates a mentoring program involving role models from all sectors of society; (5) may contain a Junior Reserve Officers' Training Corps unit; (6) is housed on the site of any military installation closed pursuant to a base closure law; and (7) if effective, serves as a model for similar military-style academies throughout the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Technology Partnerships Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There are more than 200,000 to 400,000 vacancies in various categories of information technology jobs. (2) From 1996 to 2005, more than 1,300,000 new computer scientists, engineers, and systems analysts will be required in the United States to fill vacant jobs, which equals 136,800 new workers per year. (3) Systems analysts will experience the largest job growth, accounting for a 103 percent increase in the number of new positions from 1996 (506,000) to 2005 (1,025,000). (4) The shortage of information technology workers transcends industries, affecting the manufacturing, service, transportation, health care, education, and government sectors. Within each sector, vacancies exist at all levels from aides and mechanics to programmers and designers. (5) The information technology worker shortage is having an adverse effect on the viability of businesses in the United States and on the Nation's competitiveness. Industry surveys report that half of industry executives cite the lack of workers skilled in technology as the number one obstacle to their company's growth. An additional 20 percent of industry executives identify the lack of information technology workers as a major obstacle to their company's growth. (6) A major factor affecting the short supply of information technology workers is the mismatch between what universities teach and what industry needs. (7) It is in the national interest to promote special initiatives which effectively educate and train our domestic workforce to keep pace with these expanding job opportunities. (8) Institutions of higher education have the capacity and resources to provide a role of oversight and technical assistance to a wide range of local entities, including community-based organizations, participating in a comprehensive education and training program for potential technology workers. (9) Higher education institutions must be responsive to the digital environment and expand both their outreach efforts and on-campus activities to train and certify individuals to close the information technology worker gap. SEC. 3. PARTNERSHIPS FOR POSTSECONDARY INFORMATION TECHNOLOGY EDUCATION AND EMPLOYMENT ASSISTANCE. (a) Grants Authorized.--The Secretary may make grants under this Act, in accordance with competitive criteria established by the Secretary, to institutions of higher education, in order to establish, oversee the operation of, and provide technical assistance to, projects described in subsection (b). (b) Projects.--Projects under this Act shall be projects implemented by a community-based organization described in section 4, or by the institution of higher education receiving the grant, to provide postsecondary information technology education and employment procurement assistance to eligible individuals described in section 5. (c) Restrictions.--An institution of higher education shall be eligible to receive only one grant under this Act, but may, subject to the requirements of this Act, use the grant to enter into contracts with more than one community-based organization. A community-based organization shall not be eligible to enter into a contract under this Act with more than one institution of higher education. (d) Period of Grant.--The provision of payments under a grant under this Act shall not exceed 5 fiscal years and shall be subject to the annual approval of the Secretary and subject to the availability of appropriations for each fiscal year involved. SEC. 4. COMMUNITY-BASED ORGANIZATIONS. (a) In General.--Subject to subsection (b), a community-based organization described in this section is an entity that, at the time the entity enters into a contract with an institution of higher education for a project under this Act, and throughout the duration of that contract-- (1) is-- (A) a governmental agency; or (B) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (2) is one of the following: (A) A local partnership (as defined in section 4 of the School-to-Work Opportunities Act of 1994) receiving a grant under section 302 of such Act. (B) An entity organized and operated for religious purposes. (C) An entity furnishing school-age child care services after school. (D) A community-based computer center. (E) An entity furnishing adult education. (F) A library. (G) A museum. (H) Any other entity organized and operated for cultural, literary, or educational purposes. (b) Limitation.--An entity shall not be considered a community- based organization described in this section unless, at the time the entity enters into a contract with an institution of higher education for a project under this Act, it has demonstrated to the satisfaction of the Secretary that-- (1) it has the capacity successfully to recruit eligible individuals described in section 5 for participation in a project described in section 3, consistent with the enrollment requirements in section 6(b)(5); (2) it is providing an educational service, social service, or employment procurement service; and (3) in the case of an entity that independently manages its own finances, it has been in existence 2 years or more. SEC. 5. ELIGIBLE INDIVIDUALS. An eligible individual described in this section is an individual who-- (1) has submitted a satisfactory application to receive postsecondary information technology education and employment procurement assistance through a project under this Act; and (2) has a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate. SEC. 6. DUTIES. (a) Institutions of Higher Education.--An institution of higher education receiving a grant under this Act shall use the funds provided under the grant to carry out the following duties: (1) Final selection of community-based organizations described in section 4 desiring to provide, at one or more sites, in accordance with a contract with the institution of higher education and this Act, postsecondary information technology education and employment procurement assistance to eligible individuals described in section 5. (2) Entering into a contract with each community-based organization selected under paragraph (1) under which the institution and the organization agree to carry out the duties respectively required of them under this Act with respect to each site described in paragraph (1). (3) With respect to each site described in paragraph (1)-- (A) provision of such funding for the establishment and initial operation of the site as was specified in the grant application submitted by the institution to the Secretary; (B) approval of final site selection and preparation; (C) initial orientation and training of personnel employed to manage and operate the site; (D) design and certification of the instructional and academic programs, and oversight of the implementation of the programs; (E) oversight of equipment purchases and contracts for equipment maintenance; and (F) selection of an outside contractor for periodic evaluation of the management and operation of the site. (b) Community-Based Organizations.-- (1) In general.--A community-based organization implementing a project under this Act with an institution of higher education, at one or more sites, shall carry out the duties described in this subsection, with respect to each such site, subject to the oversight and guidance of the institution. (2) General duties.--The organization-- (A) shall undertake final site selection and preparation; (B) shall recruit and hire a site director; (C) shall carry out any supplementary instructional, academic, or educational activities specified in the contract with the institution of higher education that are not described in paragraph (4); (D) shall assemble an advisory committee composed of individuals residing in the community in which the site is located, as well as industry representatives, who desire to assist the organization in ensuring that the goals of the organization are consistent with the goals and needs of the community population; (E) shall provide to the institution other evidence of volunteer support from individuals residing in the community in which the site is located and industry representatives; (F) shall recruit eligible individuals for enrollment, subject to paragraph (5); (G) shall maintain waiting lists of eligible individuals desiring to enroll in the project's programs; (H) shall provide career counseling to eligible individuals enrolled in the project's programs; and (I) shall provide job and internship information and placement, employer contacts, and other forms of employment procurement assistance to eligible individuals enrolled in the project's programs. (3) Site requirements.--The organization shall ensure that each site-- (A) has a minimum of 20 fully functioning computers with sufficient capacity to perform all of the computer operations that are the subject of the curriculum specified in paragraph (4); (B) in addition to the space for the computers described in subparagraph (A), has-- (i) a classroom space with the capacity for seating a minimum of 30 students; (ii) a space in which to conduct the required career and employment counseling functions specified in paragraph (2); and (iii) a separate office for the site director; (C) is real property subject to the control of the organization or the institution, through a lease or other legal instrument, for a period of not less than 5 years; (D) is open to enrolled individuals not less than 12 hours per day; and (E) is located within walking distance of public transportation. (4) Information technology curriculum.-- (A) In general.--The organization shall ensure that each site offers enrollees a curriculum that includes a broad range of course work that will assist them in qualifying for employment in the field of information technology. (B) Courses leading to certification.--Such curriculum shall include course work leading to a certification of competence in areas of information technology recognized by the National Skill Standards Board established under the National Skill Standards Act of 1994. (C) Specific courses.--The computer training offered shall include courses in basic computer competence, on-the-job upgrade assistance, and advanced computer competence. (5) Enrollment requirements.--The organization shall ensure that its enrollment of eligible individuals at each site is consistent with the following: (A) Not less than 50 percent of the eligible individuals shall be, at the time of enrollment, individuals-- (i) to whom a credit was allowed under section 32 of the Internal Revenue Code of 1986 for the preceding taxable year; (ii) who are recipients of assistance under a State program funded under part A of title IV of the Social Security Act; (iii) who are a member of a household participating in the food stamp program; or (iv) who are considered low-income pursuant to regulations promulgated by the Secretary under this Act. (B) Not less than 50 percent of the eligible individuals shall be, at the time of enrollment, under 25 years of age. (C) No prerequisite relating to net worth, income, or assets may be applied to any eligible individual who, at the time of enrollment, is over 50 years of age, except that this requirement shall not be construed to supersede subparagraph (A). SEC. 7. IMPLEMENTATION OF PROJECTS SOLELY BY INSTITUTIONS. The Secretary may make a grant under this Act to an institution of higher education that desires to implement a project under this Act without the participation of a community-based organization described in section 4, if the institution agrees to carry out all of the duties required of such an organization under this Act, in addition to the duties otherwise required of an institution of higher education. The Secretary shall, in awarding grants under this Act, give priority to institutions of higher education whose grant application includes an assurance that the institution will contract with one or more community-based organizations in accordance with this Act. SEC. 8. APPLICATIONS. To apply for a grant under this Act for any fiscal year, an institution of higher education shall submit an application to the Secretary in accordance with the procedures established by the Secretary. The application shall specify the institution's preliminary selections for the community-based organizations (if any) with which the institution proposes to contract, and shall include information with respect to preliminary site selections. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $100,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 10. DEFINITIONS. For purposes of this Act: (1) Adult education.--The term ``adult education'' has the meaning given such term in section 312 of the Adult Education Act. (2) Community-based computer center.--The term ``community- based computer center'' means a computer center-- (A) funded by both the Federal Government and at least one private sector entity; (B) located in a low-income community (as determined by the Secretary); and (C) organized and operated for the purpose of providing families with access to computer resources that otherwise would not be available to them. (3) Food stamp program.--The term ``food stamp program'' has the meaning given such term in section 3(h) of the Food Stamp Act of 1977. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 1201 of the Higher Education Act of 1965. (5) Library.--The term ``library'' has the meaning given such term in section 213 of the Library Services and Technology Act. (6) Museum.--The term ``museum'' has the meaning given such term in section 272 of the Museum and Library Services Act. (7) Secretary.--The term ``Secretary'' means the Secretary of Education.", "summary": "Information Technology Partnerships Act - Authorizes the Secretary of Education to make competitive grants to institutions of higher education to establish, oversee, and provide technical assistance to postsecondary information technology education and employment assistance projects. Requires such projects to be implemented by certain types of community-based organizations, or by the institutions receiving the grants. Makes applicants eligible for such project assistance if they have a high school diploma or equivalent. Sets forth requirements for: (1) duties of, and uses of project funds by, institutions of higher education and community-based organizations; (2) project sites; (3) information technology curricula; and (4) minimum enrollment percentages of specified low-income individuals and individuals under age 25. Authorizes grants for implementation of a project solely by institutions of higher education without the participation of community-based organizations; but gives grant award priority to institutions of higher education whose grant applications include an assurance that they will contract with one or more community-based organizations. Authorizes appropriations."}
{"article": "SECTION 1. SAVINGS FROM STATE AUTHORIZED PUBLIC ENTITY HEALTH BENEFITS POOLS. The Patient Protection and Affordable Care Act (Public Law 111-148) is amended by inserting after section 1332 (42 U.S.C. 18052) the following new section (and inserting a corresponding item in the table of contents of the Act): ``SEC. 1332A. SAVINGS FROM STATE AUTHORIZED PUBLIC ENTITY BENEFITS POOLS. ``(a) Application.-- ``(1) In general.--A State authorized public entity health benefits pool (in this section referred to as a `pool') may apply to the Secretary for a pass through of funding described in subsection (b) with respect to health care benefits provided through that pool for coverage years beginning on or after January 1, 2014. ``(2) Approval of application.--The Secretary shall approve such an application of a pool if the Secretary determines that health care benefits provided through the pool-- ``(A) will provide coverage that is at least as comprehensive as the coverage defined in section 1302(b); ``(B) will provide coverage and cost sharing protections against excessive out-of-pocket spending that are at least as affordable as the provisions of this title would provide; and ``(C) will result in cost savings to the Federal Government because the cost of providing health care benefits to individuals through the pool will be less than the cost of providing health care benefits to such individuals had they become participants in a qualified health plan offered through an Exchange, and so the payment amount under subsection (b) will be less than the total of premium tax credits, cost-sharing reductions, or small business credits that would otherwise be required if individuals and small employers in the pool were instead participants in an Exchange. ``(3) Consideration.--Not later than 90 days after the date of the enactment of this section, the Secretary shall promulgate regulations relating to pass through of funding under this section. The Secretary shall begin accepting applications under this section no later than 180 days after such date of enactment. ``(4) Additional consequences of approval.--An individual receiving health care benefits through such a pool for which such an application is approved under this section shall be treated, for purposes of section 5000A of the Internal Revenue Code of 1986, as being covered under minimum essential coverage described in subsection (f)(1)(E) of such section. ``(b) Pass Through of Funding.-- ``(1) In general.--With respect to a pool application under subsection (a)(1), under which individuals and small employers in the pool would not qualify for the premium tax credits, cost-sharing reductions, or small business credits under sections 36B or 45R of the Internal Revenue Code of 1986 for which they would otherwise be eligible if they had entered an Exchange, the Secretary shall provide for an alternative means by which an aggregate amount determined under paragraph (2) shall be paid to the pool for purposes of implementing the application. ``(2) Payment determination.--The amount to be paid under paragraph (1) shall be determined-- ``(A) based on the sum of premium tax credits, cost-sharing reductions, and small business credits under sections 36B or 45R of the Internal Revenue Code of 1986 that would have been provided with respect to individuals in the pool had the health care benefits provided by the pool been a qualified health plan offered in an Exchange, but taking into account the lower cost of providing health care benefits to individuals through the pool; and ``(B) annually by the Secretary, taking into consideration the experience of individuals and small employers participating in Exchanges. ``(c) Timely Determination by Secretary.--The Secretary shall make a determination under subsection (a)(1) with respect to the application of a pool not later than 180 days after the date of receipt of such application, and shall notify the pool involved of such determination. ``(d) Definitions.--In this section: ``(1) The term `public entity' means a county, municipality, special district, school district, junior college district, housing authority, or other political subdivision or public entity defined under State law. ``(2) The term `State authorized public entity health benefits pool' means a risk pool authorized or permitted by State statute or otherwise regulated by a State agency under which-- ``(A) a public entity or group of public entities, directly or through a pool, provide health care benefits primarily for public entity officials, employees, and retirees and their dependents; and officials, employees, and retirees and dependents of affiliated service contractors of such public entities; and ``(B) such pool may provide health care benefits from the assets of the pool or its member public entities through any combination of self-funded arrangements or fully insured products. ``(3) The term `affiliated service contractor' means an organization that provides governmental or quasi-governmental services on behalf of a public entity when such contractor is eligible to obtain health care benefits through a state authorized public entity health benefits pool for its officials, employees, retirees and their dependents.''.", "summary": "Amends the Patient Protection and Affordable Care Act (PPACA) to allow a state-authorized public entity benefits pool to apply to the Secretary of Health and Human Services (HHS) for pass-through funding with respect to health care benefits provided through the pool for coverage years beginning on or after January 1, 2014. Requires the Secretary to approve such a pool if the health care benefits provided through it will: (1) provide at least the essential health benefits, (2) provide coverage and cost-sharing protections against excessive out-of-pocket spending that are at least as affordable as the health insurance requirements of PPACA would provide, and (3) result in cost savings to the federal government because the cost of coverage through the pool is less than the cost of coverage through an exchange. Treats an individual covered under such a plan as having minimum essential coverage for purposes of the Internal Revenue Code. Requires the Secretary to provide for an alternative means by which an aggregate amount shall be paid to the pool annually based on the premium tax credits, cost-sharing reductions, and small business credits that would have been provided to an exchange plan. Gives the Secretary 180 days to make a determination on an application under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Prostate Testing Full Information Act''. SEC. 2. REQUIREMENT RELATING TO CERTAIN PHYSICIANS. (a) Requirement.--If a covered physician, during a physical examination, examines the prostate gland of a patient, the physician shall provide information to the patient concerning the availability of appropriate diagnostic procedures, including the prostate antigen test, if any of the following conditions are present: (1) The patient is over 50 years of age. (2) The patient manifests clinical symptomatology. (3) The patient is at an increased risk of prostate cancer. (4) The provision of the information to the patient is medically necessary, in the opinion of the physician. (b) Enforcement.--The Secretary of Health and Human Services shall promulgate regulations that-- (1) require the reporting of covered physicians that violate subsection (a) to the Secretary; and (2) provide for the application of sanctions to enforce the provisions of subsection (a). (c) Definition.--In this section, the term ``covered physician'' means a physician as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)) who has received any Federal payment or assistance under any program under-- (1) the Public Health Service Act (42 U.S.C. 201 et seq.); or (2) the Social Security Act (42 U.S.C. 301 et seq.). SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (as added by section 603(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 702(a) of the Mental Health Parity Act of 1996) is amended by adding at the end the following: ``SEC. 713. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST. ``(a) Requirement.--If a physician, during a physical examination, examines the prostate gland of a patient, the physician shall provide information to the patient concerning the availability of appropriate diagnostic procedures, including the prostate antigen test, if any of the following conditions are present: ``(1) The patient is over 50 years of age. ``(2) The patient manifests clinical symptomatology. ``(3) The patient is at an increased risk of prostate cancer, as determined pursuant to regulations promulgated by the Secretary of Health and Human Services. ``(4) The provision of the information to the patient is medically necessary, in the opinion of the physician. ``(b) Prohibition on Limitation.--The provision of information in accordance with subsection (a) may not be prohibited under the terms of-- ``(1) any written contract or written agreement between the physician and any group health plan, any health insurance issuer providing health insurance coverage in connection with a group health plan, or any related party with respect to a group health plan; or ``(2) any written statement from the plan, issuer, or related party to the physician. ``(c) Rule of Construction.--Nothing in this section shall be construed as requiring a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan to provide coverage for prostate specific antigen tests. ``(d) Definition.--In this section, the term `physician' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)).''. (b) Clerical Amendment.--The table of contents in section 1 of such Act, as amended by section 603 of the Newborns' and Mothers' Health Protection Act of 1996 and section 702 of the Mental Health Parity Act of 1996, is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Requirement relating to prostate specific antigen test.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 1998. SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP MARKET. (a) In General.--Subpart 2 of part A of title XXVII of the Public Health Service Act (as added by section 604(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 703(a) of the Mental Health Parity Act of 1996) is amended by adding at the end the following new section: ``SEC. 2706. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST. ``(a) Requirement.--If a physician, during a physical examination, examines the prostate gland of a patient, the physician shall provide information to the patient concerning the availability of appropriate diagnostic procedures, including the prostate antigen test, if any of the following conditions are present: ``(1) The patient is over 50 years of age. ``(2) The patient manifests clinical symptomatology. ``(3) The patient is at an increased risk of prostate cancer, as determined pursuant to regulations promulgated by the Secretary of Health and Human Services. ``(4) The provision of the information to the patient is medically necessary, in the opinion of the physician. ``(b) Prohibition on Limitation.--The provision of information in accordance with subsection (a) may not be prohibited under the terms of-- ``(1) any written contract or written agreement between the physician and any group health plan, any health insurance issuer providing health insurance coverage in connection with a group health plan, or any related party with respect to a group health plan; or ``(2) any written statement from the plan, issuer, or related party to the physician. ``(c) Rule of Construction.--Nothing in this section shall be construed as requiring a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan to provide coverage for prostate specific antigen tests. ``(d) Definition.--In this section, the term `physician' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)).''. (b) Effective Date.--The amendments made by this section shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. SEC. 5. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE INDIVIDUAL MARKET. (a) In General.--Subpart 3 of part B of title XXVII of the Public Health Service Act (as added by section 605(a) of the Newborn's and Mother's Health Protection Act of 1996) is amended by adding at the end the following new section: ``SEC. 2752. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST. ``The provisions of section 2706 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (b) Effective Date.--The amendment made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 1998. SEC. 6. RESEARCH AND EDUCATION REGARDING PROSTATE CANCER; CERTAIN PROGRAMS OF THE PUBLIC HEALTH SERVICE. (a) National Institutes of Health.--Section 417B(c) of the Public Health Service Act (42 U.S.C. 286a-8(c)) is amended in the first sentence by striking ``$72,000,000'' and all that follows and inserting the following: ``$90,250,000 for fiscal year 1998, $108,500,000 for fiscal year 1999, $126,500,000 for fiscal year 2000, and $145,000,000 for fiscal year 2001.''. (b) Agency for Health Care Policy and Research.--Section 902 of the Public Health Service Act (42 U.S.C. 299a) is amended by adding at the end the following: ``(f) Activities Regarding Prostate Cancer.--The Administrator shall, with respect to prostate cancer-- ``(1) conduct and support research on the outcomes, effectiveness, and appropriateness of health services and procedures; and ``(2) in carrying out section 912(a), provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.''.", "summary": "Prostate Testing Full Information Act - Requires any physician who has received any Federal payment or assistance under any program under the Public Health Service Act or the Social Security Act, if the physician examines a patient's prostate gland, to provide information on appropriate diagnostic procedures, including the prostate antigen test, if: (1) the patient is over 50, manifests clinical symptoms, or is at increased risk of prostate cancer; or (2) the provision of the information is, in the opinion of the physician, medically necessary. Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to impose the same requirement as above and to declare that such information may not be prohibited under the terms of: (1) any agreement between the physician and any group health plan, insurance issuer providing group health coverage, or related party; or (2) any written statement from the plan, issuer, or related party. Amends the Public Health Service Act to declare that such information may not be prohibited under those terms by an issuer in the individual market. Authorizes appropriations to carry out provisions relating to National Cancer Institute prostate cancer research. Requires the Agency for Health Care Policy and Research, with regard to prostate cancer, to: (1) conduct and support research on the outcomes, effectiveness, and appropriateness of health services and procedures; and (2) in carrying out provisions relating to the Forum for Quality and Effectiveness in Health Care, provide for the development, review, and updating of clinically relevant guidelines, quality standards, performance measures, and medical review criteria."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Nutrition Disclosure Act of 2012''. SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS, SIMILAR RETAIL FOOD ESTABLISHMENTS, AND VENDING MACHINES. Section 403(q)(5)(H) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended-- (1) in subclause (ii)-- (A) in item (I)(aa) by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole product, or the number of servings and number of calories per serving, or the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer''; (B) in item (II)(aa), by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole product, or the number of servings and number of calories per serving, or the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer''; and (C) by adding at the end the following flush text: ``In the case of restaurants or similar retail food establishments where the majority of orders are placed by customers who are off- premises at the time such order is placed, the information required to be disclosed under this subclause may be provided by a remote-access menu, such as one available on the internet, instead of an on-premises menu.''; (2) in subclause (iv)-- (A) by striking ``For the purposes of this clause,'', inserting the following (and indenting the text that follows appropriately): ``(I) In general.--For the purposes of this clause,''; (B) by striking ``and other reasonable means'' and inserting ``or other reasonable means''; and (C) by adding at the end the following: ``(II) Reasonable basis defined.-- For purposes of this subclause, with respect to a nutrient disclosure, the term `reasonable basis' means that the nutrient disclosure is within acceptable allowances for variation in nutrient content. Such acceptable allowances shall include allowances for variation in serving size, inadvertent human error in formulation of menu items, and variations in ingredients.''; (3) in subclause (v)-- (A) by inserting ``contained in the whole product, or the number of servings and information per serving, or the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer,'' before ``that come in different flavors, varieties, or combinations,''; (B) by striking ``, through means determined by the Secretary, including ranges, averages, or other methods''; and (C) by adding at the end, after the period, the following: ``A restaurant or similar retail food establishment may determine and disclosure such content by using any of the following methods: ranges, averages, individual labeling of flavors or components; or labeling of one preset standard build. In addition to such methods, the Secretary may allow the use of other methods, to be determined by the Secretary, for which there is a reasonable basis (as such term is used in subclause (iv)).''; and (4) in subclause (xi)-- (A) in the heading, by striking ``Definition'' and inserting ``Definitions''; (B) by striking ``clause, the term `menu''' and inserting the following (and indenting the text that follows appropriately): ``clause: ``(I) Menu; menu board.--The term `menu'''; and (C) by adding at the end the following: ``(II) Preset standard build.--The term `preset standard build' means the finished version of a menu item most commonly ordered by consumers. ``(III) Restaurant or similar retail food establishment.--The term `restaurant or similar retail food establishment' means a retail food establishment that derives more than 50 percent of its total revenue from the sale of food of the type described in subclause (i) or (ii) of clause (A).''.", "summary": "Common Sense Nutrition Disclosure Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. Requires the nutrient content disclosure statement on the menu or menu board to include: (1) the number of calories contained in the whole product; (2) the number of servings and number of calories per serving; or (3) the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer. Permits such information to be provided by a remote-access menu, such as through the internet, for food establishments where the majority of orders are placed by customers who are off-premises at the time the order is placed. Defines \u201creasonable basis\u201d for a restaurant or similar food establishment\u2019s nutrient content disclosures to mean that the nutrient disclosure is within acceptable allowances for variation in nutrient content, which shall include allowances for variations in serving size, inadvertent human error in formulation of menu items, and variations in ingredients. Sets forth the methods a restaurant or similar food establishment may use to determine nutritional content for disclosure, including ranges, averages, individual labeling of flavors or components, or labeling of one preset standard build. Defines \"preset standard build\" as the finished version of a menu item most commonly ordered by consumers. Applies the nutritional disclosure requirements to retail food establishments that derive more than 50% of their total revenue from the sale of food."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Troubled Assets Relief Program Targeted Assets Act of 2009''. SEC. 2. DEFINITIONS. Section 3 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by striking paragraph (9) and inserting the following new paragraphs: ``(9) Troubled assets.--The term `troubled assets' means-- ``(A) any residential mortgage, and any security, obligation, or other instrument that is based on or related to such mortgage-- ``(i) is in pre-foreclosure; ``(ii) with respect to which the borrower has missed at least 2 payments within the last 6 months; or ``(iii) which is in forbearance; or ``(B) any other financial instrument that the Secretary, after consultation with the Chairman of the Board of Governors of the Federal Reserve System, determines the purchase of which is necessary to promote financial market stability, but only upon transmittal of such determination, in writing, to the appropriate committees of Congress. ``(10) Rehabilitated mortgage.--The term `rehabilitated mortgage' means a mortgage which has been restructured, refinanced or otherwise modified to lower the borrower's monthly payment-- ``(A) creating a front-end debt ratio, including the cost of mortgage principal, interest, taxes, and insurance, of no more than 30 percent of the gross monthly income of the borrower; or ``(B) to a term deemed affordable by the borrower after full disclosure by the lender and pursuant to rules as may be established by the Secretary. ``(11) Independent appraiser.--The term `independent appraiser' means a person who-- ``(A) is licensed pursuant to the laws and regulations of the State where the person practices; ``(B) is disclosed to the borrower or buyer; and ``(C) is not coerced, extorted, induced, intimidated, bribed or otherwise influenced by or in collusion with the mortgage lender, mortgaged broker, mortgage banker, real estate broker, appraisal management company or other persons or companies having a vested interest in the transaction.''. SEC. 3. LIMIT ON AUTHORITY TO WRITE OFF LOSSES. Section 101 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by striking subsection (a) and inserting the following new subsection: ``(a) Authority.-- ``(1) In general.--The Secretary is authorized to establish the Troubled Asset Restoration and Assistance Program (hereafter in this title referred to as the `TARAP') to allow the Treasury to purchase lender or servicer `losses' on rehabilitated mortgages, on such terms and conditions as are defined in this Act and determined by the Secretary. ``(2) Authority to purchase.--Through the TARAP, the Treasury shall pay up to 80 percent of the difference between the original asset and the rehabilitated asset to the lender or servicer under certain conditions. ``(3) Write off of remainder.--That portion of the difference between the original asset and the rehabilitated asset to the lender or servicer that is not paid for by the Secretary under paragraph (2) may be written to loss.''. SEC. 4. REGULATIONS AND GUIDELINES. Section 101(c) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by striking paragraph (5) and inserting the following new paragraphs: ``(5) Issuing such regulations and other guidance as may be necessary or appropriate to define terms or carry out the authorities or purposes of this title including determining qualifications for an independent appraiser, making the final determinations as to whether an asset is troubled, what the values are that will determine the amount of purchase, the amount of reductions in the purchase price for purposes of subsection (d)(2), and any other functionality issues required to operate the program. ``(6) Conforming to guidelines established in subsection (g), the Secretary is authorized to make all necessary rules and determinations regarding documented best efforts, required timelines, and other processes and procedures.''. SEC. 5. ELIGIBLE ASSET. Section 101 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended-- (1) by striking subsection (d); (2) by redesignating subsection (e) as subsection (i); and (3) by inserting after subsection (c) the following new subsections: ``(d) Eligible Assets.-- ``(1) In general.--An asset is eligible for TARAP if-- ``(A) it is the borrower's primary residence; and ``(B) it-- ``(i) is a troubled asset, as defined in section 3(9); or ``(ii) it was a troubled asset but has been rehabilitated by the servicer or lender (as defined in section 3(10)) on or after October 3, 2008, and allowing the borrower to remain in the borrower's home. ``(2) Assets not included.--An asset is not eligible for TARAP if-- ``(A) it was valued at more than 150 percent of the current fair market value; and ``(B) the original value was assessed solely by the lender's appraiser, unless the servicer or lender agrees to such reduction in the purchase amount as the Secretary may require as a condition for the purchase. ``(f) Eligible Lender or Servicer.--A lender or servicer is eligible for TARAP assistance if-- ``(1) the lender or servicer has agreed to full disclosure requirements as may be established by the Secretary; or ``(2) the lender or servicer has agreed to use an independent appraiser and standard appraisal practices as may be established by the Secretary; ``(g) Program Guidelines.-- ``(1) TARAP shall pay a servicer or lender up to 80 percent of the difference between the original asset and rehabilitated asset pursuant to such regulations as may be prescribed by the Secretary. ``(2) The servicer or lender shall use documented best efforts, prior to foreclosure, to work with the borrower to create an affordable front-end debt ratio of up to 30 percent of the borrower's gross monthly income. ``(3) The Secretary may establish mechanisms to provide for those assets which cannot be rehabilitated under the preceding guidelines. ``(h) Program Termination.--All authority under this section ceases no later than December 31, 2009.''. SEC. 6. DEFERRAL OF ALL FORECLOSURES ON ANY PRINCIPAL DWELLING OF A CONSUMER FOR A 90-DAY PERIOD. (a) In General.--Notwithstanding any provision of any State or Federal law, after the date of the enactment of this Act, no creditor, servicer, or holder of such mortgage, or any other person acting on behalf of any such creditor, servicer, or holder, may take any action to initiate a foreclosure, whether judicial or nonjudicial, or any action in connection with a foreclosure already instituted other than to suspend such foreclosure, with respect to any eligible mortgage of a consumer, until the end of the 90-day period beginning on the date of the enactment of this Act. (b) Action by Consumer.-- (1) In general.--After the date of the enactment of this Act, any consumer shall have the right to defer any initiation of a foreclosure, whether judicial or nonjudicial, or any action in connection with a foreclosure already instituted, including any foreclosure sale, with respect to any eligible mortgage by any creditor, servicer, or holder of such mortgage, or any other person acting on behalf of any such creditor, servicer, or holder, until the end of the 90-day period beginning on the date of the enactment of this Act. (2) Enforcement of right.--Any consumer may defend against a foreclosure or bring an action in any court of competent or general jurisdiction to compel compliance with the right of the consumer under paragraph (1) to defer any initiation of a foreclosure or any action in connection with a foreclosure already instituted, including any foreclosure sale, with respect to any eligible mortgage. (c) Rule of Construction.--No provision of this section shall be construed as affecting or altering the obligations of the consumer under the terms of the eligible mortgage notwithstanding any deferral of foreclosure. (d) Eligible Mortgage Defined.--For purposes of this section, the term ``eligible mortgage'' means any residential mortgage loan to any consumer that constitutes a first lien on the dwelling or real property securing the loan which constitutes, or on which is located, the principal residence of the consumer.", "summary": "Troubled Assets Relief Program Targeted Assets Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to authorize the Secretary of the Treasury to establish the Troubled Asset Restoration and Assistance Program (TARAP) to allow the Treasury to purchase lender or servicer losses on rehabilitated mortgages, on terms and conditions determined by the Secretary. Directs the Treasury, acting through TARAP, to pay up to 80% of the difference between the original asset and the rehabilitated asset to the lender or servicer under certain conditions. Permits the portion of the difference between the original asset and the rehabilitated asset to the lender or servicer that is not paid for by the Secretary to be written to loss. Requires any regulations and other guidance the Secretary may issue to determine qualifications for an independent appraiser, and make final determinations as to: (1) whether an asset is troubled; (2) what the values are that will determine the amount of purchase; (3) the amount of reductions in the purchase price for certain otherwise ineligible assets; and (4) any other functionality issues required to operate the program. Authorizes the Secretary, conforming to specified guidelines, to make all necessary rules and determinations regarding documented best efforts, required timelines, and other processes and procedures. Identifies criteria for eligible assets and eligible lenders or servicers. Sunsets TARAP on December 31, 2009. Prohibits, for a 90-day period, a mortgage servicer, or holder, from taking action to initiate a foreclosure, or any action in connection with a foreclosure already instituted (other than to suspend it), with respect to any eligible mortgage of a consumer. Entitles a consumer to defer initiation of a foreclosure, or any action in connection with one already instituted by any creditor, servicer, or holder of a mortgage, until the end of the 90-day period beginning on the date of the enactment of this Act."}
{"article": "SECTION 1. NOTICE OF APPLICATION BY INDIAN TRIBE FOR FEDERAL STATUS. (a) Letter of Intent.--To seek acknowledgment or recognition as an Indian tribe under Federal law, the petitioner must first submit to the Secretary of the Interior a letter of intent to seek such status. (b) Notice to States.--Not later than 30 days after receiving a letter of intent, the Secretary shall notify the Governor and attorney general of each State in which the petitioner states that it is located of the following: (1) That the letter of intent has been filed. (2) The name and contact information for the Indian tribe. (c) Notice to Municipalities.--Not later than 60 days after receiving a letter of intent under subsection (a), the Secretary shall consult with the Governor and attorney general of the affected State or States to identify municipalities that are located within the vicinity of the place that the petitioner states on the application that it is located. The Secretary shall provide the notice required under subsection (b) to such municipalities within 30 days of the completion of the consultation process. SEC. 2. INTERESTED PARTY STATUS. The Governor, attorney general, and each municipality identified pursuant to section 1 shall be interested parties in the review of each corresponding acknowledgement petition. The petitioner shall serve each interested party with all documents submitted as part of its petition. SEC. 3. COMPLETION OF PETITION. In consultation with the petitioner, the Secretary shall determine when the petition is complete and ready for acknowledgment review. Interested parties shall be notified of such determination within 30 days. No additional documents shall be submitted by the petitioner after this determination until issuance of a proposed finding under part 83 of title 25, Code of Federal Regulations. SEC. 4. ACTIVE REVIEW. The Secretary shall notify the petitioner and all interested parties, and publish notice in the Federal Register, of the date that a petition comes under active review under part 83 of title 25, Code of Federal Regulations. Such notice shall be provided within 7 days of the date the petition comes under active review. SEC. 5. PUBLIC COMMENT ON APPLICATION FOR FEDERAL STATUS. The Secretary shall provide a reasonable period for comment by interested parties and the public on each petition for Federal acknowledgment or recognition. Such comment period shall commence upon filing of a letter of intent and end no sooner than 120 days before the deadline for issuance of a proposed finding under part 83 of title 25, Code of Federal Regulations. Interested parties shall serve their comments on the petitioner and any other interested parties. The Secretary shall provide all public comments to the petitioner and interested parties. Such comments shall be given full consideration when deciding to grant or deny the petition. Any petition under review on the date of the enactment of this Act not subject to such comment shall be reconsidered by the Secretary to provide a comment period in accordance with this section. SEC. 6. REGULATORY CRITERIA. The Director may not grant Federal acknowledgment or recognition to any Indian tribe unless such petitioner has met all of the criteria listed in part 83 of title 25, Code of Federal Regulations. When issuing proposed findings and final determinations on Federal acknowledgment or recognition, the Secretary shall publish in the Federal Register detailed findings on each of those criteria. Such findings shall be accompanied by a report under part 83 of title 25, Code of Federal Regulations. Any findings for petitions under review on the date of the enactment of this Act for which such findings and report have not been issued shall be reconsidered by the Secretary in accordance with this section. SEC. 7. FUNDING FOR BRANCH OF ACKNOWLEDGMENT AND RESEARCH. There is authorized to be appropriated for the Branch of Acknowledgment and Research of the Bureau of Indian Affairs $1,800,000 each fiscal year. SEC. 8. GRANT PROGRAM FOR PARTICIPATION IN DECISIONMAKING PROCESSES. (a) In General.--To the extent funds are made available by appropriations and acceptable requests are submitted, the Secretary shall provide grants to local governments to assist those local governments in participating in the decisionmaking process related to actions described in subsection (b), if the Secretary determines that such actions are likely to significantly affect the people represented by the local governments and to reimburse local governments for the costs of such participation that were incurred after the date of the enactment of this Act. Grants may also be made under this section to reimburse local governments for activities that were undertaken before the date of the enactment of this Act, but which otherwise meet the requirements for a grant under this section. (b) Actions for Which Grants May Be Available.--The Secretary may make grants under this section for participation assistance related to the following actions: (1) Acknowledgment.--An Indian group is seeking Federal acknowledgment or recognition and the Secretary determines that the Indian group seeking such acknowledgment or recognition (or reacknowledgment or rerecognition) is located within or adjacent to the boundaries of the area under the jurisdiction of the local government, or has asserted or is likely to seek trust status with respect to land within boundaries of the area over which the local government has jurisdiction. (2) Trust land.--An acknowledged Indian tribe is requesting that land within, or adjacent to, the boundaries of the area over which the local government has jurisdiction be put into trust status for that tribe. (3) Land claims.--An Indian group or an acknowledged Indian tribe is claiming, or is expected to claim, interest in land based upon a treaty or a law specifically applicable to transfers of land or natural resources from, by, or on behalf of any Indian, Indian nation, or group, tribe, or band of Indians (including the Acts commonly known as the Trade and Intercourse Acts (1 Stat. 137; 2 Stat. 139; and 4 Stat. 729)). (4) Other actions.--Any other action or proposed action relating to an Indian group or acknowledged Indian tribe if the Secretary determines that the action or proposed action is likely to significantly affect the people represented by that local government. (c) Amount of Grants.--Grants awarded under this section to a local government for any one action may not exceed $500,000 in any fiscal year. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $8,000,000 for each fiscal year. SEC. 9. GRANT PROGRAM FOR IMPACT AID. (a) In General.--To the extent funds are made available by appropriations and acceptable requests are submitted, the Secretary shall provide grants to local governments to assist those local governments with activities related to infrastructure, public safety, or social services, if the Secretary determines that such activities are made necessary or prudent as a result of the activities of a federally recognized Indian tribe. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year. SEC. 10. REPEAL OF REVOLVING DOOR EXEMPTION. Section 104(j) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450i(j)) is repealed. SEC. 11. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Acknowledged indian tribe.--The term ``acknowledged Indian tribe'' means any Indian tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (2) Director.--The term ``Director'' means the Director of the Bureau of Indian Affairs. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.", "summary": "Sets forth procedures regarding the submission and notification of letters of intent by Indian tribes seeking acknowledgment or recognition under Federal law. Provides that petitioning tribes must first submit letters of intent to the Secretary of the Interior. Makes the Governor, the Attorney General, and each municipality located within the vicinity interested parties in the review.Requires the Secretary to: (1) determine when a petition is complete and ready for acknowledgment review, notify the petitioner and all interested parties, and publish notice in the Federal Register; and (2) provide a reasonable period for comment.Directs the Secretary of the Interior to provide grants to assist local governments in participating in the decision making process related to the following actions if the Secretary determines that such actions are likely to significantly affect the people represented by the local governments and to reimburse such governments for the costs of such participation: (1) an Indian group is seeking Federal acknowledgment or recognition (or re-acknowledgment or recognition) and the Secretary determines that such group is located within or adjacent to the area under the local government's jurisdiction, or has asserted or is likely to seek trust status with respect to land within the area over which the local government has jurisdiction; (2) an acknowledged tribe is requesting that land within or adjacent to the area over which the local government has jurisdiction be put into trust status for it; and (3) an Indian group or an acknowledged tribe is claiming, or is expected to claim, interest in land based upon a treaty or law specifically applicable to land or natural resource transfers from, by, or on behalf of Indians. Permits the making of grants also to reimburse local governments for activities that were undertaken before the enactment of this Act.Directs the Secretary to provide grants to local governments to assist them with activities related to infrastructure, public safety, or social services that are made necessary or prudent as a result of a federally-recognized tribe's activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Non-Discrimination Act of 1995''. SEC. 2. DISCRIMINATION PROHIBITED. A covered entity, in connection with employment or employment opportunities, shall not-- (1) subject an individual to different standards or treatment on the basis of sexual orientation, (2) discriminate against an individual based on the sexual orientation of persons with whom such individual is believed to associate or to have associated, or (3) otherwise discriminate against an individual on the basis of sexual orientation. SEC. 3. BENEFITS. This Act does not apply to the provision of employee benefits to an individual for the benefit of his or her partner. SEC. 4. NO DISPARATE IMPACT. The fact that an employment practice has a disparate impact, as the term ``disparate impact'' is used in section 703(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation does not establish a prima facie violation of this Act. SEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED. (a) Quotas.--A covered entity shall not adopt or implement a quota on the basis of sexual orientation. (b) Preferential Treatment.--A covered entity shall not give preferential treatment to an individual on the basis of sexual orientation. SEC. 6. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to religious organizations. (b) For-Profit Activities.--This Act shall apply with respect to employment and employment opportunities that relate to any employment position that pertains solely to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986. SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' PREFERENCES. (a) Armed Forces.--(1) For purposes of this Act, the term ``employment or employment opportunities'' does not apply to the relationship between the United States and members of the Armed Forces. (2) As used in paragraph (1), the term ``Armed Forces'' means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (b) Veterans' Preferences.--This Act does not repeal or modify any Federal, State, territorial, or local law creating special rights or preferences for veterans. SEC. 8. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act in the case of a claim alleged by an individual for a violation of this Act-- (1) the Commission shall have the same powers as the Commission has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act, (4) the Attorney General of the United States shall have the same powers as the Attorney General has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, and (5) the courts of the United States shall have the same jurisdiction and powers as such courts have to enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act, and (C) the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (b) Procedures and Remedies.--The procedures and remedies applicable to a claim alleged by an individual for a violation of this Act are-- (1) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (2) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by such individual for a violation of such section, and (3) the procedures and remedies applicable for a violation of section 201(a)(1) of Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of such section. (c) Other Applicable Provisions.--With respect to claims alleged by covered employees (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for violations of this Act, title III of the Congressional Accountability Act of 1995 shall apply in the same manner as such title applies with respect to a claims alleged by such covered employees for violations of section 201(a)(1) of such Act. SEC. 9. STATE AND FEDERAL IMMUNITY. (a) State Immunity.--A State shall not be immune under the eleventh article of amendment to the Constitution of the United States from an action in a Federal court of competent jurisdiction for a violation of this Act. In an action against a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies are available in an action against any public or private entity other than a State. (b) Liability of the United States.--The United States shall be liable for all remedies (excluding punitive damages) under this Act to the same extent as a private person and shall be liable to the same extent as a nonpublic party for interest to compensate for delay in payment. SEC. 10. ATTORNEYS' FEES. In any action or administrative proceeding commenced pursuant to this Act, the court or the Commission, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including expert fees and other litigation expenses, and costs. The United States shall be liable for the foregoing the same as a private person. SEC. 11. RETALIATION AND COERCION PROHIBITED. (a) Retaliation.--A covered entity shall not discriminate against an individual because such individual opposed any act or practice prohibited by this Act or because such individual made a charge, assisted, testified, or participated in any manner in an investigation, proceeding, or hearing under this Act. (b) Coercion.--A person shall not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised, enjoyed, assisted, or encouraged the exercise or enjoyment of, any right granted or protected by this Act. SEC. 12. POSTING NOTICES. A covered entity shall post notices for employees, applicants for employment, and members describing the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 10). SEC. 13. REGULATIONS. The Commission shall have authority to issue regulations to carry out this Act. SEC. 14. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual claiming discrimination prohibited under any other Federal law or any law of a State or political subdivision of a State. SEC. 15. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 16. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act and shall not apply to conduct occurring before such effective date. SEC. 17. DEFINITIONS. As used in this Act: (1) The term ``Commission'' means the Equal Employment Opportunity Commission. (2) The term ``covered entity'' means an employer, employment agency, labor organization, joint labor management committee, an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an employing authority to which section 201(a) of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) applies. (3) The term ``employer'' has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)). (4) The term ``employment agency'' has the meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (5) The term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (6) The term ``labor organization'' has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (7) The term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (8) The term ``religious organization'' means-- (A) a religious corporation, association, or society, or (B) a college, school, university, or other educational institution, not otherwise a religious organization, if-- (i) it is in whole or substantial part controlled, managed, owned, or supported by a religious corporation, association, or society, or (ii) its curriculum is directed toward the propagation of a particular religion. (9) The term ``sexual orientation'' means homosexuality, bisexuality, or heterosexuality, whether such orientation is real or perceived. (10) The term ``State'' has the meaning given such term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).", "summary": "Employment Non-Discrimination Act of 1995 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``EPSCoR Research and Competitiveness Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) Ensuring regional diversity in research funding is an essential strategy in strengthening international competitiveness. (2) Economic development in high technology fields is often advanced by industrial partnerships with near by strong research institutions from which companies can acquire intellectual property, highly trained staff, and vital resources. (3) The National Science Foundation is an independent Federal agency created by Congress in 1950 ``to promote the progress of science; to advance the national health, prosperity and welfare, and to secure the national defense''. (4) Congress has subsequently directed that, ``it shall be an objective of the Foundation to strengthen research and education in the sciences and engineering, including independent research by individuals, throughout the United States, and to avoid undue concentration of such research and education''. (5) Currently, Foundation research investments are concentrated in a small number of States. In contrast, 25 other States together receive less than 10 percent of the Foundation's research funding, yet these States are home to 20 percent of the population, 25 percent of doctoral/research universities, and 18 percent of academic scientists and engineers. (6) Insufficient research infrastructure diminishes the ability of many universities to compete effectively for research funding, and thereby limits their contributions to regional economic development and international competitiveness. (7) The Foundation's Experimental Program to Stimulate Competitive Research, or EPSCoR, is the primary program by which the Foundation seeks to improve the research infrastructure of institutions in States that presently receive small portions of Foundation funding. EPSCoR is thus an important component of national efforts to increase innovation and improve competitiveness. SEC. 3. FUNDING. There are authorized to be appropriated to the Foundation for EPSCoR-- (1) $125,000,000 for fiscal year 2007; and (2) for each of fiscal years 2008 through 2011, an amount equal to the sum of-- (A) $125,000,000; and (B) $125,000,000 multiplied by a percentage equal to the percentage by which the Foundation's budget request for such fiscal year exceeds the total amount appropriated to the Foundation for fiscal year 2007. SEC. 4. RESEARCH INFRASTRUCTURE IMPROVEMENT GRANTS. (a) In General.--In the administration of the Foundation's research infrastructure improvement grant program, the Director shall authorize States participating in the grant program to include partnerships with out-of-State research institutions if the amount of funding transferred to another State does not exceed 5 percent of the amount of the grant in any fiscal year. (b) Authorization Level.--From amounts appropriated pursuant to section 3, the Director shall make available to the research infrastructure improvement grant program-- (1) $65,000,000 for fiscal year 2007; and (2) for each of fiscal years 2008 through 2011, an amount equal to the sum of-- (A) $75,000,000; and (B) $75,000,000 multiplied by a percentage equal to the percentage by which the Foundation's budget request for such fiscal year exceeds the total amount appropriated to the Foundation for fiscal year 2007. SEC. 5. CO-FUNDING. (a) In General.--For each of fiscal years 2007 through 2011, the Director shall obligate and expend not less than 20 percent of the amount available for EPSCoR on co-funding projects that are ranked, by a peer-review process, in the top 20 percent of all proposals submitted in response to an announced competition. (b) Annual Report.--The Director shall submit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science that provides information about-- (1) co-funded projects on a State-by-State basis for the preceding year; and (2) the amount and use of co-funding by each of the Foundation's directorates for that year. SEC. 6. CYBER INFRASTRUCTURE. Within 180 days after the date of enactment of this Act, the Director, through the Office of Cyber Infrastructure, shall develop and publish a plan enabling States participating in EPSCoR to participate fully in the Foundation's Cyber Infrastructure Initiative. SEC. 7. MAJOR RESEARCH INSTRUMENTATION. Within 180 days after the date of enactment of this Act, the Director, through the Office of Major Research Instrumentation, shall develop and publish a plan enabling States participating in EPSCoR to develop partnerships and participate fully in the Foundation's major research instrumentation program. SEC. 8. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) EPSCoR.--The term ``EPSCoR'' means the Experimental Program to Stimulate Competitive Research authorized by section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g). (3) Foundation.--The term ``Foundation'' means the National Science Foundation.D23/", "summary": "EPSCoR Research and Competitiveness Act of 2006 - Authorizes appropriations for FY2007-FY2011 to the National Science Foundation (NSF) for the Experimental Program to Stimulate Competitive Research (EPSCoR). Requires the Director of the NSF: (1) in the administration of the NSF's research infrastructure improvement grant program, to authorize states participating in the grant program to include partnership with out-of-state research institutions if the amount of funding transferred to another state does not exceed 5% of the amount of the grant in any fiscal year; and (2) from the amounts appropriated pursuant to this Act, to make available specified amounts for FY2007-FY2011 to such grant program. Requires the Director to obligate and spend not less than 20% of the amount available for EPSCoR on co-funding projects that are ranked by a peer-review process in the top 20% of all proposals submitted in response to an announced competition. Requires the submission of annual reports providing information concerning: (1) co-funded projects on a state-by-state basis; and (2) the amount and use of co-funding by each of the NSF's directorates. Requires the Director: (1) through the Office of Cyber Infrastructure, to develop and publish a plan enabling states participating in EPSCoR to develop partnerships and participate fully in the NSF's Cyber Infrastructure Initiative; and (2) through the Office of Major Research Instrumentation, to develop and publish a plan enabling states participating in EPSCoR to develop partnerships and participate fully in the NSF's major research instrumentation program."}
{"article": "SECTION 1. ENSURING THAT NUMERICAL LIMITATION COMPUTATION ACCURATELY REFLECTS NUMBER OF H-1B NONIMMIGRANTS EMPLOYED. (a) In General.--Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following: ``(8) Ensuring that numerical limitation computation accurately reflects number of h-1b nonimmigrants employed.-- ``(A) In general.--The Attorney General shall take such steps as may be necessary to ensure that all numerical limitations applicable to the issuance of visas, or the provision of nonimmigrant status, under section 101(a)(15)(H)(i)(b) are applied in a manner that-- ``(i) accurately reflects the actual number of aliens who commence employment in the United States as such a nonimmigrant in each fiscal year; and ``(ii) does not count against any such numerical limitation-- ``(I) any visa issued to an alien based on a petition filed by an employer that is not used by the alien as the basis for admission into the United States and commencement of employment with such employer within a reasonable period of time subsequent to its issuance any visa (including any visa in excess of one, in cases in which multiple visas are issued to a single alien based on petitions filed by multiple prospective employers and the alien accepts employment with only one of those employers); ``(II) any change of nonimmigrant classification or status authorized for an alien based on a petition filed by an employer that is not used by the alien to commence employment with such employer within a reasonable period of time subsequent to such authorization (including any authorization in excess of one, in cases in which multiple authorizations are provided to a single alien based on petitions filed by multiple prospective employers and the alien accepts employment with only one of those employers); and ``(III) any visa (or authorization to change nonimmigrant classification or status) in excess of one, in cases in which multiple visas (or authorizations) are issued to a single alien in order to permit employment with more than one employer in the United States during identical or concurrent periods of time. ``(B) Cancellation of concurrent visas upon entry into united states.--Pursuant to subparagraph (A), the Attorney General shall take such steps as may be necessary to ensure that when an alien is admitted into the United States based on a visa according status as nonimmigrant described in section 101(a)(15)(H)(i)(b), any unused visa according such nonimmigrant status that has been issued to the alien is canceled for purposes of computing any numerical limitation applicable to the provision of nonimmigrant status under such section. ``(C) Use of visas and other authorizations within a reasonable period of time.--Pursuant to subparagraph (A), the Attorney General shall promulgate regulations establishing the precise durations of the periods of time described in clauses (I) and (II) of such subparagraph. The Attorney General shall by regulation provide for the cancellation of any visa or authorization described in such clauses that is not used by an alien to commence employment before the termination of the period of time determined by the Attorney General to be reasonable in the case of that visa or authorization. All such cancellations shall be taken into account in implementing subparagraph (A). ``(D) Coordination.--The heads of all other Federal agencies with regulatory authority with respect to aliens who may be provided nonimmigrant status under section 101(a)(15)(H)(i)(b) or employers who may petition under subsection (c) with respect to such aliens, including the Secretary of State and the Secretary of Labor, shall coordinate and cooperate with the Attorney General in order to ensure that this paragraph is implemented as efficiently and effectively as possible.''. (b) Conforming Amendment.--Section 214(g)(7) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(7)) is amended by striking the second sentence.", "summary": "Amends the Immigration and Nationality Act to direct the Attorney General to take specified steps to ensure that the numerical limitation computation of H-1B visa (specialty occupation) nonimmigrant aliens accurately reflects the number of such aliens employed under such status in each fiscal year."}
{"article": "SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM. (a) Expansion of Definition of a Law Enforcement Officer.-- Paragraph (20) of section 8331 of title 5, United States Code, is amended by striking ``position.'' and inserting ``position, a revenue officer, a customs inspector, a customs canine enforcement officer, an Immigration and Naturalization inspector, a Department of Defense police officer, a Department of Defense Command Investigations Division detective, a Bureau of Engraving and Printing officer, a postal police officer, a Secret Service special officer, a Drug Enforcement Administration diversion investigator, a United States Customs Operation Enforcement Officer, and a United States Customs Detection System Specialist Airborne and Flight Engineer.''. (b) Additional Classes of Positions Defined.--Section 8331 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting a semicolon, and by adding at the end the following: ``(28) `revenue officer' means an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(29) `customs inspector' means an employee of the United States Customs Service, the duties of whose position are primarily to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(30) `customs canine enforcement officer' means an employee of the United States Customs Service, the duties of whose position are primarily to work directly with a dog in an effort to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(31) `Immigration and Naturalization inspector' means an employee of the Immigration and Naturalization Service, the duties of whose position are primarily the controlling and guarding of the boundaries and borders of the United States against the illegal entry of aliens, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(32) `Department of Defense police officer' means an employee of the Department of Defense, the duties of whose position are primarily to oversee enforcement of Federal, State, county, and municipal statutes, laws, and ordinances, and rules and regulations of the Department of the Navy, Army, and Air Force pertaining to law enforcement on United States military bases, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(33) `Department of Defense Command Investigations Division detective' means an employee of the Department of Defense, the duties of whose position are primarily to maintain investigative and counterintelligence jurisdiction to prepare for an evidentiary foundation for military command action for crimes committed on military property by military or civilian personnel, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(34) `Bureau of Engraving and Printing officer' means an employee of the Bureau of Engraving and Printing, the duties of whose position are primarily to provide specialized protection to the Bureau of Engraving and Printing and to enforce Federal laws, Department of the Treasury rules and regulations, and local ordinances by investigating criminal activity for offenses against the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(35) `postal police officer' means an employee of the United States Postal Service, the duties of whose position are primarily to provide specialized protection for the United States Postal Service and persons and property related to its function as authorized under section 1 of the Act of June 1, 1948 (popularly known as the `Protection of Public Property Act') and other laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(36) `Secret Service special officer' means an employee of the United States Secret Service, the duties of whose position are primarily to provide a wide range of security and protection support functions within the United States Secret Service (such as maintaining designed security posts; travel in support of the President, Vice President, and foreign heads of state; and providing protective support for major Presidential and Vice Presidential candidates, former Presidents, and First Ladies), including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(37) `Drug Enforcement Administration diversion investigator' means an employee of the Drug Enforcement Administration, the duties of whose position are primarily to investigate violations of the criminal drug laws of the United States by drug manufacturers and distributors, doctors, and pharmacists, and to seek Federal prosecution of violators from United States Attorneys, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(38) `United States Customs Operation Enforcement Officer' means an employee of the United States Customs Service, the duties of whose position primarily involve internal affairs of the United States Customs Service and the prevention of corruption by utilizing investigations techniques and knowledge of inspectional procedures and processes, as well as intelligence research work in enforcing federal laws, particularly in the areas of drug interdiction and fraud within the United States Customs Service, including an employee engaged in this activity who is transferred to a supervisory or administrative position; and ``(39) `United States Customs Detection System Specialist Airborne and Flight Engineer' means an employee of United States Customs Service, the duties of whose position are primarily the detection, tracking, and assisting in the apprehension of persons suspected or known to be smuggling drugs or contraband into the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position.''. SEC. 2. FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) Expansion of Definition of a Law Enforcement Officer.-- Paragraph (17) of section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of subparagraph (C), and by adding at the end the following: ``(E) a revenue officer; ``(F) a customs inspector; ``(G) a customs canine enforcement officer; ``(H) an Immigration and Naturalization inspector; ``(I) a Department of Defense police officer; ``(J) a Department of Defense Command Investigations Division detective; ``(K) a Bureau of Engraving and Printing officer; ``(L) a postal police officer; ``(M) a Secret Service special officer; ``(N) a Drug Enforcement Administration diversion investigator; ``(O) a United States Customs Operation Enforcement Officer; and ``(P) a United States Customs Detection System Specialist Airborne and Flight Engineer;''. (b) Additional Classes of Positions Defined.--Section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting a period, and by adding at the end the following: ``(34) `revenue officer' means an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(35) `customs inspector' means an employee of the United States Customs Service, the duties of whose position are primarily to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(36) `customs canine enforcement officer' means an employee of the United States Customs Service, the duties of whose position are primarily to work directly with a dog in an effort to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(37) `Immigration and Naturalization inspector' means an employee of the Immigration and Naturalization Service, the duties of whose position are primarily the controlling and guarding of the boundaries and borders of the United States against the illegal entry of aliens, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(38) `Department of Defense police officer' means an employee of the Department of Defense, the duties of whose position are primarily to oversee enforcement of Federal, State, county, and municipal statutes, laws, and ordinances, and rules and regulations of the Department of the Navy, Army, and Air Force pertaining to law enforcement on United States military bases, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(39) `Department of Defense Command Investigations Division detective' means an employee of the Department of Defense, the duties of whose position are primarily to maintain investigative and counterintelligence jurisdiction to prepare for an evidentiary foundation for military command action for crimes committed on military property by military or civilian personnel, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(40) `Bureau of Engraving and Printing officer' means an employee of the Bureau of Engraving and Printing, the duties of whose position are primarily to provide specialized protection to the Bureau of Engraving and Printing and to enforce Federal laws, Department of the Treasury rules and regulations, and local ordinances by investigating criminal activity for offenses against the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(41) `postal police officer' means an employee of the United States Postal Service, the duties of whose position are primarily to provide specialized protection for the United States Postal Service and persons and property related to its function as authorized under section 1 of the Act of June 1, 1948 (popularly known as the `Protection of Public Property Act') and other laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(42) `Secret Service special officer' means an employee of the United States Secret Service, the duties of whose position are primarily to provide a wide range of security and protection support functions within the United States Secret Service (such as maintaining designed security posts; travel in support of the President, Vice President, and foreign heads of state; and providing protective support for major Presidential and Vice Presidential candidates, former Presidents, and First Ladies), including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(43) `Drug Enforcement Administration diversion investigator' means an employee of the Drug Enforcement Administration, the duties of whose position are primarily to investigate violations of the criminal drug laws of the United States by drug manufacturers and distributors, doctors, and pharmacists, and to seek Federal prosecution of violators from United States Attorneys, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(44) `United States Customs Operation Enforcement Officer' means an employee of the United States Customs Service, the duties of whose position primarily involve internal affairs of the United States Customs Service and the prevention of corruption by utilizing investigations techniques and knowledge of inspectional procedures and processes, as well as intelligence research work in enforcing federal laws, particularly in the areas of drug interdiction and fraud within the United States Customs Service, including an employee engaged in this activity who is transferred to a supervisory or administrative position; and ``(45) `United States Customs Detection System Specialist Airborne and Flight Engineer' means an employee of United States Customs Service, the duties of whose position are primarily the detection, tracking, and assisting in the apprehension of persons suspected or known to be smuggling drugs or contraband into the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position.''. SEC. 3. EFFECTIVE DATE; RELATED PROVISIONS. (a) In General.--The amendments made by this Act shall apply only in the case of individuals becoming entitled to an annuity based on a separation from Government service occurring on or after the date of enactment of this Act. (b) Employee Contributions.--The amendments made by this Act shall not apply with respect to any period of service preceding the date of enactment of this Act unless the employee involved (or, if applicable, an appropriate survivor) pays into the Civil Service Retirement and Disability Fund, in such time and manner as the Office of Personnel Management shall prescribe, an amount equal to the total additional amounts which should have been deducted and withheld from pay (in excess of amounts actually deducted and not refunded) under chapter 83 or 84 of title 5, United States Code, as the case may be, if such amendments had then been in effect, with interest. (c) Agency Contributions.--Not later than 90 days after the date on which the payment under subsection (b) is made by an individual, the appropriate agency shall pay into the Civil Service Retirement and Disability Fund any additional amounts (as determined by the Office of Personnel Management) which should have been paid by that agency into the Fund, under applicable provisions of chapter 83 or 84 of title 5, United States Code (as the case may be), with interest, if the amendments made by this Act had been in effect during the prior periods of service involved. (d) Regulations.--The Office of Personnel Management shall prescribe any regulations necessary to carry out this Act. Such regulations shall include provisions, consistent with section 8334(e) of title 5, United States Code, for the computation of interest.", "summary": "Amends Federal civil service provisions relating to the Civil Service Retirement System and the Federal Employees Retirement System to expand the definition of \"law enforcement officer\" to include (and thus extend the applicability of such provisions to): (1) a revenue officer of the Internal Revenue Service; (2) a customs inspector of the U.S. Customs Service; (3) a customs canine enforcement officer of the U.S. Customs Service; (4) an Immigration and Naturalization Service inspector; (5) a Department of Defense police officer; (6) a Department of Defense Command Investigations Division detective; (7) a Bureau of Engraving and Printing officer; (8) a postal police officer; (9) a Secret Service special officer; (10) a Drug Enforcement Administration diversion investigator; (11) a U.S. Customs Operation Enforcement Officer; and (12) a U.S. Customs Detection System Specialist Airborne and Flight Engineer. Prohibits applying the amendments made by this Act with respect to any period of service preceding this Act's enactment unless the employee involved (or, if applicable, an appropriate survivor) pays into the Civil Service Retirement and Disability Fund an amount equal to the total additional amounts which should have been deducted and withheld from pay (in excess of amounts actually deducted and not refunded) if such amendments had then been if effect, with interest. Requires the appropriate agency, no later than 90 days after the date on which such payment is made by an individual, to pay into the Fund any additional amounts which should have been paid by that agency into such Fund, with interest, as if this Act's amendments had been in effect during the prior periods of service involved."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Democracy and Human Rights in Zimbabwe Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) When Zimbabwe achieved independence in 1980, its economic and democratic prospects were bright and President Robert Mugabe was hailed as a liberator. However, 27 years later, the economy of Zimbabwe has collapsed as income per capita has fallen below the 1953 level and President Mugabe's Zimbabwe African National Union-Patriotic Front (ZANU-PF) government has increasingly and systematically exercised repression of political opposition and engaged in violations of human rights. (2) The Department of State's 2006 Country Report on Human Rights Practices states that Zimbabwe's 2002 presidential election and 2005 parliamentary elections were neither free nor fair, and reports that President Mugabe's government interfered with the campaign activities of the opposition, intimidated voters, and distributed food in a partisan manner. (3) The Department of State Report also finds that the Government of Zimbabwe continues to-- (A) restrict freedom of assembly, movement, and association; (B) forcibly evict civilians from their land; and (C) harass and abuse members of the opposition, the media, the religious community, civil society, and organized labor. (4) According to the Freedom House Freedom in the World 2007 report, ``In 2006, Zimbabwe suffered from a further deterioration of political rights and civil liberties amid a near-total collapse of the country's economy.''. (5) Zimbabwe is a member of the United Nations, the African Union, the Southern African Development Community, the African Development Bank, the International Monetary Fund, and the World Trade Organization, and a party to the Universal Declaration of Human Rights, the African Charter on Human and Peoples' Rights, and the International Covenant on Civil and Political Rights. (6) Section 2 of the Zimbabwe Democracy and Economic Recovery Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note) states, ``It is the policy of the United States to support the people of Zimbabwe in their struggle to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law.''. (7) In 2002 and 2003, the United States imposed financial and immigration sanctions targeted against selected individuals, a ban on the transfer of defense items and services, and a suspension of nonhumanitarian government-to- government assistance, although the United States remains one of the leading providers of humanitarian assistance to the people of Zimbabwe. (8) The United Nations, the European Union, the United States, human rights organizations, and many others have condemned the security forces of Zimbabwe for the beating, detention, and arrest of opposition and civil society members attending a prayer meeting on March 11, 2007. (9) In March 2007, the heads of state of the Southern African Development Community announced that the President of South Africa, Thabo Mbeki, will mediate between President Mugabe and the opposition Movement for Democratic Change in advance of the 2008 presidential election, but failed to condemn the Government of Zimbabwe for its human rights abuses and restriction of democratic space. (10) On March 30, 2007, it was announced that the ZANU-PF central committee had chosen President Mugabe as the party's candidate for the 2008 election and that the parliamentary elections will also be held in 2008, instead of 2010. (11) A Human Rights Watch report released in May 2007 concluded, ``Arbitrary arrests, detentions, and brutal beatings by police and security forces skyrocketed in March and April, and continue unabated. . . . The Zimbabwean government is violating the human rights of its citizens with impunity.''. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to support the people of Zimbabwe in their efforts to promote democracy and respect for human rights in Zimbabwe; and (2) to call on President Mugabe to immediately restore democracy and human rights in Zimbabwe. SEC. 4. SENSE OF CONGRESS ON THE CRISIS IN ZIMBABWE. The following is the sense of Congress: (1) The United States welcomes and commends the announcement by the Southern African Development Community that the President of South Africa, Thabo Mbeki, will lead negotiations between the ruling and opposition parties in Zimbabwe to resolve the political and humanitarian crisis in a way that reflects the will of the people of Zimbabwe and respects international standards. (2) The creation of a level playing field for those who want to participate in the political process in Zimbabwe and the encouragement of transparency in the political process should be priority objectives in the negotiations. (3) All preparations should be made to hold free, fair, and peaceful elections in accordance with international standards, such as the Southern African Development Community Parliamentary Forum Election Norms and Guidelines. (4) Cooperation between the United States, regional players in Africa, and the wider international community is an important component of a proactive strategy to support democratic rule and respect for human rights in Zimbabwe. (5) Normalized relations with the Government of Zimbabwe are desirable, but until the Government of Zimbabwe promotes democracy and the rule of law, the United States will continue to isolate the Government of Zimbabwe and expand financial and travel sanctions targeted against those responsible for repressing the people of Zimbabwe. (6) The United States Permanent Representative to the United Nations should use the voice and vote of the United States in the United Nations Security Council to emphasize the threat to international peace and security posed by the Government of Zimbabwe. SEC. 5. BRIEFING. (a) In General.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of State shall provide to Congress a briefing on the strategy of the United States for engagement with Zimbabwe. (b) Content.--The briefing required by subsection (a) shall include the following: (1) The details of a comprehensive policy of the United States to support the people of Zimbabwe in their efforts to promote democratic rule and respect for human rights in Zimbabwe, including support for free, fair and peaceful elections. (2) An assessment of the resources necessary to most effectively enable Zimbabwe to return peacefully to a state of democratic governance, with respect for human rights and the rule of law. (3) A diplomatic strategy for engaging and encouraging regional partners in Africa to help facilitate the transition of Zimbabwe to democracy. (4) A review of policy options in the event of further deterioration of the situation in Zimbabwe. (5) A review of policy options in the event of an improvement in the situation in Zimbabwe. (6) Indicators of progress toward democracy and respect for human rights that would allow for the removal of targeted bilateral sanctions on Zimbabwe and strengthened relations with the Government of Zimbabwe. (c) Consultation.--The Secretary of State shall, to the extent possible, develop the strategy described in subsection (a) in consultation with-- (1) the United Nations; (2) the African Union; (3) the Southern African Development Community; (4) other multilateral organizations; and (5) interested States. (d) Sunset.--The requirements of this section shall cease to be effective after the date that is 3 years after the date of the enactment of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Notwithstanding any other provision of law, there are authorized to be appropriated up to $10,000,000 for the purpose described in subsection (b). (b) Purpose.--The purpose described in this subsection is to support democracy and governance activities in Zimbabwe consistent with the provisions of the Zimbabwe Democracy and Economic Recovery Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note), including through-- (1) support for free, fair, and peaceful national elections in accordance with international standards; (2) support for the capacity of civil society to create nonviolent political space in Zimbabwe; and (3) support for programs to defend and protect the human rights of the people of Zimbabwe.", "summary": "Support for Democracy and Human Rights in Zimbabwe Act of 2007 - States that is U.S. policy to: (1) support the people of Zimbabwe in their efforts to promote democracy and respect for human rights in Zimbabwe; and (2) call on President Mugabe to restore democracy and human rights in Zimbabwe. Expresses the sense of Congress that: (1) the United States welcomes the Southern African Development Community's announcement that the President of South Africa, Thabo Mbeki, will lead negotiations between the ruling and opposition parties in Zimbabwe; (2) preparations should be made to hold free elections in accordance with international standards; (3) cooperation among the United States, regional players in Africa, and the international community is an important component of a proactive strategy to support democratic rule and respect for human rights in Zimbabwe; (4) normalized relations with the government of Zimbabwe are desirable but until the government of Zimbabwe promotes democracy and the rule of law the United States will continue to isolate the government of Zimbabwe and expand financial and travel sanctions against those responsible for repressing Zimbabwe's people; and (5) the United States should use its influence in the U.N. Security Council to emphasize the threat to international peace posed by the government of Zimbabwe. Directs the Secretary of State to provide Congress with quarterly briefings on U.S. strategy for engagement with Zimbabwe. (Terminates such requirement three years after the date of the enactment of this Act.) Authorizes appropriations to support democracy and governance activities in Zimbabwe, including support for: (1) free and peaceful national elections; (2) creation of nonviolent political space; and (3) human rights programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cell Phone Theft Prevention Act of 2012''. SEC. 2. STOLEN MOBILE ELECTRONIC DEVICES. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 343. STOLEN MOBILE ELECTRONIC DEVICES. ``(a) Prohibition on Provision of Service.-- ``(1) In general.--A provider of commercial mobile service or commercial mobile data service may not provide service on a mobile electronic device that has been reported to such provider as stolen-- ``(A) by the person who holds the account with respect to such service, if such person submits to such provider a copy of a report made to a law enforcement agency regarding the theft; or ``(B) by another provider of commercial mobile service or commercial mobile data service, in accordance with paragraph (2). ``(2) Reporting by service providers.--A provider of commercial mobile service or commercial mobile data service to which a mobile electronic device is reported stolen as described in paragraph (1)(A) shall inform all other providers of such service-- ``(A) that such device has been reported stolen; and ``(B) of any information necessary for the identification of such device. ``(b) Remote Deletion of Data.--A provider of commercial mobile service or commercial mobile data service on a mobile electronic device shall make available to the person who holds the account with respect to such service the capability of deleting from such device, from a remote location, all information that was placed on such device after its manufacture. ``(c) Device Standards.--A person may not manufacture in the United States or import into the United States for sale or resale to the public a mobile electronic device unless such device is-- ``(1) equipped with a unique identifier (such as a Mobile Equipment Identifier) that allows a provider of commercial mobile service or commercial mobile data service to identify such device for purposes of complying with subsections (a) and (b); and ``(2) configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the device is able to make available the remote deletion capability required by subsection (b). ``(d) Definitions.--In this section: ``(1) Commercial mobile data service.--The term `commercial mobile data service' has the meaning given such term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96). ``(2) Commercial mobile service.--The term `commercial mobile service' has the meaning given such term in section 332. ``(3) Mobile electronic device.--The term `mobile electronic device' means a personal electronic device on which commercial mobile service or commercial mobile data service is provided, except that such term does not include a device-- ``(A) for which the consumer purchases service by paying in advance for a specified amount of calling or data usage; or ``(B) with respect to which the consumer does not have a direct relationship with the provider of commercial mobile service or commercial mobile data service.''. (b) Report to FCC.--Not later than 1 year after the date of the enactment of this Act, each provider of commercial mobile service or commercial mobile data service that provides such service on a mobile electronic device shall submit to the Federal Communications Commission a report on-- (1) the efforts such provider is making in order to be prepared to comply, not later than the effective date described in subsection (c)(1), with the requirements of subsections (a) and (b) of section 343 of the Communications Act of 1934, as added by subsection (a) of this section; and (2) the progress of such provider toward being prepared to comply with such requirements by such date. (c) Effective Date.-- (1) In general.--Such section 343 shall take effect on the date that is 2 years after the date of the enactment of this Act. (2) Devices previously manufactured or imported.--In the case of a mobile electronic device that was manufactured in the United States (or imported into the United States, if such device was manufactured outside the United States) before the date that is 2 years after the date of the enactment of this Act, a provider of commercial mobile service or commercial mobile data service shall only be required to comply with subsections (a) and (b) of such section to the extent technologically feasible. (d) Definitions.--In this section, a term that is defined in such section 343 shall have the meaning given such term in such section.", "summary": "Cell Phone Theft Prevention Act of 2012 - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile or commercial mobile data service from providing service on a mobile electronic device reported to such provider as stolen by: (1) the person who holds the service account, if such person submits a copy of a report made to a law enforcement agency regarding the theft; or (2) another provider of commercial mobile or commercial mobile data service required by this Act to inform all other providers of a device reported stolen and of any information necessary for identification of the device. Defines \"mobile electronic device\" as a personal electronic device on which commercial mobile or commercial mobile data service is provided, excluding devices: (1) for which the consumer purchases service by paying in advance for a specified amount of calling or data usage, or (2) with respect to which the consumer does not have a direct relationship with the provider. Directs providers to make available to account holders the capability of deleting, from a remote location, all information that was placed on such a device after its manufacture. Prohibits a person from manufacturing in or importing into the United States for sale or resale to the public a mobile electronic device unless it is: (1) equipped with a unique identifier that allows a provider to identify such device, and (2) configured to enable a provider to make available the remote deletion capability required by this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Vote By Mail Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) An inequity of voting rights exists in the United States because voters in some States have the universal right to vote by mail while voters in other States do not. (2) Many voters often have work, family, or other commitments that make getting to polls and waiting in line on the date of an election difficult or impossible. Many citizens with disabilities are physically unable to vote due to long lines, inadequate parking, no curb cuts, steep ramps, and large crowds. In 2012, 30 percent of voters with disabilities had difficulty voting, and more than 5,000,000 voters waited more than an hour to vote. Under current State laws, many of these voters are not permitted to vote by mail. (3) Twenty-eight States currently allow universal absentee voting (also known as ``no-excuse'' absentee voting), which permits any voter to request a mail-in ballot without providing a reason for the request. No State which has implemented no- excuse absentee voting has repealed it. (4) Three States currently hold elections entirely by mail. Twenty-two States currently allow some elections to be conducted by mail, especially in large and rural jurisdictions where voting by mail is especially convenient. Polling stations in rural jurisdictions tend to have higher costs per voter, smaller staffs, and limited resources. Transportation is often a crucial barrier for rural voters. (5) Voting by mail gives voters more time to consider their choices, which is especially important as many ballots contain greater numbers of questions about complex issues than in the past due to the expanded use of the initiative and referendum process in many States. (6) Voting by mail is cost effective. After the State of Oregon adopted vote by mail for all voters in 1996, the cost to administer an election in the State dropped by nearly 30 percent over the next few elections, from $3.07 per voter to $2.21 per voter. After Colorado implemented all-mail balloting in 2013, voting administration costs decreased by an average of 40 percent. The cost of conducting vote-by-mail elections is generally one-third to one-half less than conducting polling place elections. Voting by mail also saves a substantial amount by getting rid of the temporary labor costs of hiring poll workers. In addition to that cost, many jurisdictions have been facing difficulty in obtaining sufficient numbers of poll workers. (7) Allowing all voters the option to vote by mail can reduce waiting times for those voters who choose to vote at the polls. In 2016, voters in Arizona reported waiting in line from 1 to 5 hours to vote; in New York, voters reported that stations ran out of ballots and did not have staff during all of the hours scheduled for voting. (8) Voting by mail is preferable to many voters as an alternative to going to the polls. In 2012, 19 percent of ballots in the United States were cast by mail, up from 10 percent in 2000. Voting by mail has become increasingly popular with voters who want to be certain that they are able to vote no matter what comes up on election day, as it reduces the physical obstacles and eases the time constraints connected with the act of voting. (9) The signature verification process, the tracking system for each ballot, and postal service cooperation in preventing ballots from being delivered to names not recognized as receiving mail at an address nearly eliminate the potential for fraud in vote-by-mail elections. Evidence of undue influence or voter coercion after vote-by-mail implementation in Oregon has been nonexistent to minimal. (10) Many of the reasons which voters in many States are required to provide in order to vote by mail require the revelation of personal information about health, travel plans, or religious activities, which violate voters' privacy while doing nothing to prevent voter fraud. (11) State laws which require voters to obtain a notary signature to vote by mail only add cost and inconvenience to voters without increasing security. (12) Many voters choose to cast ballots early when they have the option (over 40 percent in Nevada, New Mexico, Texas, and Tennessee). Nearly one-third of voters in the 2012 election cast their ballot before election day, which is about double the rate of voters in 2000. In Oregon, 7 years after vote-by- mail election implementation, over 80 percent of voters favored the vote-by-mail system. (13) Voting by mail typically increases turnout in all elections, but can be particularly effective in increasing voter participation in special elections and primary elections. Oregon and Washington, the 2 States with the longest standing vote-by-mail systems, continue to have consistently high voter turnout rates. In the 2012 primary elections, while the national average turnout was 18 percent, Oregon's was 45 percent and Washington's was 38 percent. (14) A crucial component of a modern voting system is making it easy, affordable, and accessible to register to vote. Eighteen States and the District of Columbia introduced automatic voter registration legislation in 2015, and Oregon and California now automatically register their citizens to vote when they apply for a driver's license. Automatic, permanent voter registration has the potential to increase participation, protect election integrity, and reduce registration costs. SEC. 3. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN FEDERAL ELECTIONS. (a) Voting by Mail in Federal Elections.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL. ``(a) In General.--If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by mail, except to the extent that the State imposes a deadline for returning the ballot to the appropriate State or local election official. ``(b) Provision of Ballot Materials.--Not later than 2 weeks before the date of any election for Federal office, each State shall mail ballots to individuals who are registered to vote in such election. ``(c) Accessibility for Individuals With Disabilities.--All ballots provided under this section shall be accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including for privacy and independence) as for other voters. ``(d) Rule of Construction.--Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. ``(e) Effective Date.--A State shall be required to comply with the requirements of subsection (a) with respect to elections for Federal office held in years beginning with 2018.''. (2) Conforming amendment relating to enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 303A''. (3) Clerical amendment.--The table of contents for such Act is amended by inserting after the item relating to section 303 the following new item: ``Sec. 303A. Promoting ability of voters to vote by mail.''. (b) Free Postage for Voting by Mail.-- (1) In general.--Chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 3407. Ballots provided for voting in Federal elections ``Ballots mailed pursuant to section 303A(b) of the Help America Vote Act of 2002 (individually or in bulk) shall be carried expeditiously and free of postage.''. (2) Technical and conforming amendments.-- (A) Table of sections.--The table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``3407. Ballots provided for voting in Federal elections.''. (B) Authorization of appropriations.--Section 2401(c) of title 39, United States Code, is amended by striking ``3403 through 3406'' and inserting ``3403 through 3407''. SEC. 4. AUTOMATIC VOTER REGISTRATION THROUGH STATE MOTOR VEHICLE AUTHORITIES. (a) Automatic Voter Registration.--Section 5 of the National Voter Registration Act of 1993 (52 U.S.C. 20504) is amended to read as follows: ``SEC. 5. VOTER REGISTRATION THROUGH MOTOR VEHICLE AUTHORITY. ``(a) Simultaneous Application for Voter Registration and Application for Motor Vehicle Driver's License.-- ``(1) Transmission of information to election officials.-- Each State's motor vehicle authority, upon receiving any of the identifying information described in paragraph (2) with respect to any applicable individual, shall securely transmit the identifying information to the appropriate State election official. ``(2) Identifying information described.--The identifying information described in this paragraph with respect to any individual is as follows: ``(A) The individual's legal name. ``(B) The individual's age. ``(C) The individual's residence. ``(D) The individual's citizenship status. ``(E) The individual's electronic signature. ``(b) Duties of Officials Receiving Information.-- ``(1) In general.--Upon receiving the identifying information with respect to an applicable individual under subsection (a), the appropriate State election official shall determine-- ``(A) whether such individual is eligible to vote in an election for Federal office; and ``(B) whether such individual is currently registered to vote in elections for Federal office at the address provided in such identifying information. ``(2) Notification to individuals.-- ``(A) Eligible unregistered individuals.--In the case of an applicable individual who is eligible to vote in an election for Federal office and who is not currently registered to vote, the appropriate State election official shall issue a notification to the individual containing-- ``(i) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar-day period which begins on the date the official issued the notification that the individual declines to be registered to vote in elections for Federal office held in the State, the individual's records and signature will constitute a completed registration for the individual; and ``(ii) a description of the process by which the individual may decline to be registered to vote in elections for Federal office in the State. ``(B) Eligible individuals registered at a different address.--In the case of an applicable individual who is eligible to vote in an election for Federal office and who is registered to vote in such election at a different address than the address provided in the identifying information, the appropriate State election official shall issue a notification to the individual containing-- ``(i) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar-day period which begins on the date the official issued the notification that the address provided in the identifying information should not be used for voter registration purposes, the address provided in the identifying information shall be used as the individual's address for voter registration purposes; and ``(ii) a description of the process by which the individual may decline a change of address for voter registration purposes. ``(c) Automatic Registration of Eligible Individuals; Automatic Change of Address.-- ``(1) Registration.--Upon the expiration of the 21- calendar-day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(2)(A), the official shall ensure that the individual is registered to vote in elections for Federal office held in the State unless-- ``(A) the official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections; or ``(B) prior to the expiration of such 21-calendar- day period, the individual notifies the official that the individual declines to be registered to vote in such elections. ``(2) Change of address.--Upon the expiration of the 21- calendar-day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(2)(B), the official shall ensure that the individual is registered to vote in elections for Federal office at the address provided in the identifying information unless-- ``(A) the official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections; or ``(B) prior to the expiration of such 21-calendar- day period, the individual notifies the official that the individual declines a change of address for voter registration purposes. ``(d) Applicable Individual.--For purposes of this section, the term `applicable individual' means any individual who seeks assistance from, receives benefits from, or receives service or assistance from a State motor vehicle authority that issues motor vehicle driver's licenses.''. (b) Conforming Amendment Relating to Timing of Registration Prior to Elections.--Section 8(a)(1)(A) of such Act (52 U.S.C. 20507(a)(1)(A)) is amended to read as follows: ``(A) in the case of registration through a motor vehicle authority under section 5, if the identifying information with respect to the individual is transmitted by the authority to the appropriate State election official under section 5(a)(1) not later than the lesser of 30 days, or the period provided by State law, before the date of the election;''. (c) Other Conforming Amendment.--Section 4(a)(1) of such Act (52 U.S.C. 20503(a)(1)) is amended to read as follows: ``(1) through the State motor vehicle authority pursuant to section 5;''. (d) Effective Date.--The amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act.", "summary": "Vote by Mail Act of 2017 This bill amends the Help America Vote Act of 2002 to require states to allow voting in federal elections to be by mail without additional conditions or requirements, except a deadline for returning the ballot. States must mail ballots to individuals registered to vote in a federal election not later than two weeks before the election. The U.S. Postal Service must carry ballots mailed by a state expeditiously and free of postage. The National Voter Registration Act of 1993 is amended to authorize automatic voter registration of individuals through state motor vehicle authorities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Control of Broadcast Towers Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The placement, construction, and modification of broadcast transmission facilities near residential communities and facilities such as schools can greatly reduce the value of residential properties, destroy the views from properties, produce radio frequency interference, raise concerns about potential long-term health effects of such facilities, and reduce substantially the desire to live in the areas of such facilities. (2) States and local governments have traditionally regulated development and should be able to exercise control over the placement, construction, and modification of broadcast transmission facilities through the use of zoning and other land use regulations relating to the protection of the environment, public health and safety, and the general welfare of the community and the public. (3) The Federal Communications Commission establishes policies to govern interstate and international communications by television, radio, wire, satellite, and cable. The Commission ensures compliance of such activities with applicable Federal laws, including the National Environmental Policy Act of 1969 and the National Historic Preservation Act, in its decision-making on such activities. (4) The Commission defers to State and local authorities which regulate the placement, construction, and modification of broadcast transmission facilities through the use of zoning, construction and building, and environmental and safety regulations in order to protect the environment and the health, safety, and general welfare of communities and the public. (5) On August 19, 1997, the Commission issued a proposed rule, MM Docket No. 97-182, which would preempt the application of most State and local zoning, environmental, construction and building, and other regulations affecting the placement, construction, and modification of broadcast transmission facilities. (6) The telecommunications industry and its experts should be expected to have access to the best and most recent technical information and should therefore be held to the highest standards in terms of their representations, assertions, and promises to governmental authorities. (b) Purpose.--The purpose of this Act is to confirm that State and local governments are the appropriate entities-- (1) to regulate the placement, construction, and modification of broadcast transmission facilities consistent with State and local zoning, construction and building, environmental, and land use regulations; (2) to regulate the placement, construction, and modification of broadcast transmission facilities so that their placement, construction, or modification will not interfere with the safe and efficient use of public airspace or otherwise compromise or endanger the health, safety, and general welfare of the public; and (3) to hold accountable applicants for permits for the placement, construction, or modification of broadcast transmission facilities, and providers of services using such facilities, for the truthfulness and accuracy of representations and statements placed in the record of hearings for such permits, licenses, or approvals. SEC. 3. PROHIBITION ON ADOPTION OF RULE REGARDING PREEMPTION OF STATE AND LOCAL AUTHORITY OVER BROADCAST TRANSMISSION FACILITIES. Notwithstanding any other provision of law, the Federal Communications Commission shall not adopt as a final rule or otherwise directly or indirectly implement any portion of the proposed rule set forth in ``Preemption of State and Local Zoning and Land Use Restrictions on Siting, Placement and Construction of Broadcast Station Transmission Facilities'', MM Docket No. 97-182, released August 19, 1997. SEC. 4. AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF BROADCAST TRANSMISSION FACILITIES. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 340. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF BROADCAST TRANSMISSION FACILITIES. ``(a) Authority To Require Least Intrusive Facilities.-- ``(1) In general.--A State or local government may deny an application to place, construct, or modify broadcast transmission facilities on the basis that alternative technologies, delivery systems, or structures are capable of delivering broadcast signals comparable to that proposed to be delivered by such facilities in a manner that is less intrusive to the community concerned than such facilities. ``(2) Considerations.--In determining under paragraph (1) the intrusiveness of technologies, delivery systems, or structures for the transmission of broadcast signals, a State or local government may consider the aesthetics of such technologies, systems, or structures, the environmental impact of such technologies, systems, or structures, and the radio frequency interference or radiation emitted by such technologies, systems, or structures. ``(3) Burden of proof.--In any hearing for purposes of the exercise of the authority in paragraph (1), the burden shall be on the applicant. ``(b) Radio Interference.--A State or local government may regulate the location, height, or modification of broadcast transmission facilities in order to address the effects of radio frequency interference caused by such facilities on local communities and the public. ``(c) Authority To Require Studies and Documentation.--No provision of this Act may be interpreted to prohibit a State or local government from-- ``(1) requiring a person seeking authority to place, construct, or modify broadcast transmission facilities to produce-- ``(A) environmental, biological, and health studies, engineering reports, or other documentation of the compliance of such facilities with radio frequency exposure limits, radio frequency interference impacts, and compliance with applicable laws, rules, and regulations governing the effects of such facilities on the environment, public health and safety, and the general welfare of the community and the public; and ``(B) documentation of the compliance of such facilities with applicable Federal, State, and local aviation safety standards or aviation obstruction standards regarding objects effecting navigable airspace; or ``(2) refusing to grant authority to such person to place, construct, or modify such facilities within the jurisdiction of such government if such person fails to produce studies, reports, or documentation required under paragraph (1). ``(d) Construction.--Nothing in this section may be construed to prohibit or otherwise limit the authority of a State or local government to ensure compliance with or otherwise enforce any statements, assertions, or representations filed or submitted by or on behalf of an applicant with the State or local government for authority to place, construct, or modify broadcast transmission facilities within the jurisdiction of the State or local government. ``(e) Broadcast Transmission Facility Defined.--In this section, the term `broadcast transmission facility' means the equipment, or any portion thereof, with which a broadcaster transmits and receives the radiofrequency waves that carry the services of the broadcaster, regardless of whether the equipment is sited on one or more towers or other structures owned by a person or entity other than the broadcaster, and includes the location of such equipment.''.", "summary": "Local Control of Broadcast Towers Act - Prohibits the Federal Communications Commission from adopting a final rule or otherwise implementing any portion of a proposed rule regarding the preemption of State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. Amends the Communications Act of 1934 to allow a State or local government to deny an application to place, construct, or modify such facilities on the basis that alternative technologies, systems, or structures are capable of delivering such services in a manner less intrusive to the local community. Places the burden of proving the appropriateness of proposed facilities on applicants. Allows a State or local government to regulate the location, height, or modification of such facilities in order to address the effects of radio frequency interference on local communities and the public.Prohibits the Act from being interpreted to prohibit a State or local government from requiring environmental or other studies, reports, or documentation concerning the placement, construction, or modification of such facilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandates Information Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) Before acting on proposed private sector mandates, the Congress should carefully consider the effects on consumers, workers, and small businesses. (2) The Congress has often acted without adequate information concerning the costs of private sector mandates, instead focusing only on the benefits. (3) The costs of private sector mandates are often borne in part by consumers, in the form of higher prices and reduced availability of goods and services. (4) The costs of private sector mandates are often borne in part by workers, in the form of lower wages, reduced benefits, and fewer job opportunities. (5) The costs of private sector mandates are often borne in part by small businesses, in the form of hiring disincentives and stunted growth. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To improve the quality of the Congress' deliberation with respect to proposed mandates on the private sector, by-- (A) providing the Congress with more complete information about the effects of such mandates; and (B) ensuring that the Congress acts on such mandates only after focused deliberation on the effects. (2) To enhance the ability of the Congress to distinguish between private sector mandates that harm consumers, workers, and small businesses, and mandates that help those groups. SEC. 4. FEDERAL PRIVATE SECTOR MANDATES. (a) In General.-- (1) Estimates.--Section 424(b)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 658c(b)(2)) is amended-- (A) in subparagraph (A) by striking ``and'' after the semicolon; and (B) by redesignating subparagraph (B) as subparagraph (C), and inserting after subparagraph (A) the following: ``(B) when applicable, the impact (including any disproportionate impact in particular regions or industries) on consumers, workers, and small businesses, of the Federal private sector mandates in the bill or joint resolution, including-- ``(i) an analysis of the effect of the Federal private sector mandates in the bill or joint resolution on consumer prices and on the actual supply of goods and services in consumer markets; ``(ii) an analysis of the effect of the Federal private sector mandates in the bill or joint resolution on worker wages, worker benefits, and employment opportunities; and ``(iii) an analysis of the effect of the Federal private sector mandates in the bill or joint resolution on the hiring practices, expansion, and profitability of businesses with 100 or fewer employees; and''. (2) Point of order.--Section 424(b)(3) of the Congressional Budget Act of 1974 (2 U.S.C. 658c(b)(3)) is amended by adding after the period the following: ``If such determination is made by the Director, a point of order under this part shall lie only under section 425(a)(1) and as if the requirement of section 425(a)(1) had not been met.''. (3) Threshold amounts.--Section 425(a) of the Congressional Budget Act of 1974 (2 U.S.C. 658d(a)) is amended by-- (A) striking ``and'' after the semicolon at the end of paragraph (1) and redesignating paragraph (2) as paragraph (3); and (B) inserting after paragraph (1) the following new paragraph: ``(2) any bill, joint resolution, amendment, motion, or conference report that would increase the direct costs of Federal private sector mandates (excluding any direct costs that are attributable to revenue resulting from tax or tariff provisions of any such measure if it does not raise net tax and tariff revenues over the 5-fiscal-year period beginning with the first fiscal year such measure affects such revenues) by an amount that causes the thresholds specified in section 424(b)(1) to be exceeded; and''. (4) Application relating to appropriations committees.--(A) Section 425(c)(1)(A) of the Congressional Budget Act of 1974 (2 U.S.C. 658d(c)(1)(A)) is amended by striking ``except''. (B) Section 425(c)(1)(B) of the Congressional Budget Act of 1974 (2 U.S.C. 658d(c)(1)(B)) is amended-- (i) in clause (i) by striking ``intergovernmental''; (ii) in clause (ii) by striking ``intergovernmental''; (iii) in clause (iii) by striking ``intergovernmental''; and (iv) in clause (iv) by striking ``intergovernmental''. (5) Threshold burden.--(A) Section 426(b)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(2)) is amended by inserting ``legislative'' before ``language''. (B) Section 426(b)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(2)) is amended by striking ``section 425 or subsection (a) of this section'' and inserting ``part B''. (6) Question of consideration.--(A) Section 426(b)(3) of the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(3)) is amended by striking ``section 425 or subsection (a) of this section'' and inserting ``part B''. (B) Section 426(b)(3) of the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(3)) is amended by inserting ``, except that not more than one point of order shall be recognized by the Chair under section 425(a)(1) or (a)(2)'' before the period. (7) Application relating to congressional budget office.-- Section 427 of the Congressional Budget Act of 1974 (2 U.S.C. 658f) is amended by striking ``intergovernmental''. (b) Rules of the House of Representatives.--Clause 5(c) of rule XXIII of the Rules of the House of Representatives is amended by striking ``intergovernmental'' and by striking ``section 424(a)(1)'' and inserting ``section 424 (a)(1) or (b)(1)''. (c) Exercise of Rulemaking Powers.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it shall be considered as part of the rules of such House, respectively, and shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of each House. (d) Annual CBO Reports.--Within 90 calendar days after the end of each fiscal year, the Director of the Congressional Budget Office shall transmit a report to each House of Congress of the economic impact of the amendments made by this Act to the Congressional Budget Act of 1974 on employment and businesses in the United States. SEC. 5. FEDERAL INTERGOVERNMENTAL MANDATE. Section 421(5)(B) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 658(5)(B)) is amended-- (1) by striking ``the provision'' after ``if''; (2) in clause (i)(I) by inserting ``the provision'' before ``would''; (3) in clause (i)(II) by inserting ``the provision'' before ``would''; and (4) in clause (ii)-- (A) by inserting ``that legislation, statute, or regulation does not provide'' before ``the State''; and (B) by striking ``lack'' and inserting ``new or expanded''. Passed the House of Representatives May 19, 1998. Attest: Clerk.", "summary": "Mandates Information Act of 1998 - Amends the Congressional Budget Act of 1974 to require a congressional committee report on any bill or joint resolution that includes any Federal private sector mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committees. Provides a point of order against consideration of legislation that would increase the direct costs of Federal private sector mandates (excluding direct costs attributable to revenue resulting from tax or tariff provisions of any such measure if it does not raise net tax and tariff revenues over the five-fiscal-year period beginning with the first fiscal year such measure affects such revenues) by an amount that causes the stated threshold of $100 million per fiscal year to be exceeded. Requires the Director, at the request of a Senator, to prepare an estimate of the direct costs of a Federal mandate (currently, Federal intergovernmental mandate) contained in such Senator's amendment. Requires the Director to report to the Congress on the economic impact of the amendments made by this Act to the Congressional Budget Act of 1974 on domestic employment and businesses. Redefines \"Federal intergovernmental mandate\" to provide that a decrease to, or a cap on, an existing Federal program which annually provides $500 million or more entitlement authority is not such a mandate unless it provides new or expanded authority to amend financial or programmatic responsibilities so as to permit required services to continue to be provided."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Elections Act of 2010''. SEC. 2. FOREIGN NATIONALS PROHIBITED FROM MAKING CONTRIBUTIONS, DONATIONS, OR EXPENDITURES IN CONNECTION WITH A FEDERAL, STATE, OR LOCAL ELECTION. Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``or'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(3) any corporation (other than a foreign principal described in paragraph (1)) under foreign control or substantial foreign influence, including a corporation in which-- ``(A) a foreign principal or an individual described in paragraph (2)-- ``(i) provided the corporation a majority of its gross receipts for the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established during the current fiscal year; ``(ii) controls 20 percent or more of the voting shares of the corporation; ``(iii) controls a majority of the Board of Directors of the corporation; or ``(iv) has the power to direct, dictate, control, or directly or indirectly participate in the decisionmaking process of the corporation with respect to activities in connection with a Federal, State, or local election, such as a decision concerning-- ``(I) the making of a contribution, donation, expenditure, or disbursement in connection with such an election; or ``(II) the administration of a political committee; or ``(B) 2 or more foreign principals or individuals described in paragraph (2), in the aggregate-- ``(i) provided the corporation a majority of its gross receipts for the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established during the current fiscal year; ``(ii) control 25 percent or more of the voting shares of the corporation; or ``(iii) control a majority of the Board of Directors of the corporation.''; and (2) by adding at the end the following new subsection: ``(c) Certification of Compliance.--A corporation shall, prior to carrying out any activity described in subsection (a), certify (in a form and manner specified by the Commission) that the corporation is in compliance with this section.''. SEC. 3. DISCLOSURE OF INFLUENCE OF FOREIGN NATIONALS IN CONNECTION WITH A FEDERAL, STATE, OR LOCAL ELECTION. Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d) is amended-- (1) in subsection (a)(3)-- (A) by striking ``shall clearly state the name'' and inserting ``shall clearly state-- ``(A) the name''; (B) in subparagraph (A), as added by subparagraph (A), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(B) if the person who paid for the communication is a corporation, the percentage of voting shares of the corporation that are controlled by a foreign national (as defined in section 319(b)) or, if no such shares exist, the percentage of gross receipts that the corporation received from a foreign national (as so defined) in the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established during the current fiscal year.''; and (2) in subsection (d)(2)-- (A) by striking ``others.--Any communication'' and inserting ``others.-- ``(A) In general.--Any communication''; and (B) by adding at the end the following new subparagraph: ``(B) Supplemental audio statements by corporations.-- ``(i) Corporations with voting stock.--If the person who paid for a communication described in paragraph (3) of subsection (a) is a corporation that has voting stock, such communication shall include, in addition to the requirements of that paragraph and the audio statement required under subparagraph (A), in a clearly spoken manner, the following audio statement: `` _______ of our corporation is controlled by foreign nationals.'' (With the blank to be filled in with the percentage of voting shares of the corporation that is owned by foreign nationals, as defined in section 319(b)). ``(ii) Corporations without voting stock.-- If the person who paid for a communication described in paragraph (3) of subsection (a) is a corporation that does not have voting stock, such communication shall include, in addition to the requirements of that paragraph and the audio statement required under subparagraph (A), in a clearly spoken manner, the following audio statement: `` _______ of our organization's funds come from foreign nationals.'' (With the blank to be filled in with the percentage of gross receipts for the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established the current fiscal year, that the corporation received from a foreign national, as defined in section 319(b)). ``(iii) Transmission through television.-- The second sentence of subparagraph (A) shall apply to a supplemental audio statement under this paragraph in the same manner as such sentence applies to an audio statement under such subparagraph.''. SEC. 4. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. SEC. 5. EFFECTIVE DATE. The provisions of and amendments made by this Act shall apply with respect to contributions and expenditures made on or after the date that is 45 days after the date of enactment of this Act.", "summary": "American Elections Act of 2010 - Amends the Federal Election Campaign Act of 1971 to: (1) apply to any domestic corporation under foreign control or specified substantial foreign influence the ban on contributions and expenditures by foreign nationals in connection with a federal, state, or local election; and (2) require disclosure in certain print or broadcast communications paid for by a coporation the percentage of corporate voting shares controlled by a foreign national, or, if no such shares exist, the percentage of gross receipts that the corporation received from a foreign national in the immediately preceding fiscal year or current pro-rated fiscal year. Requires any such broadcast communications paid for by a corporation to include an audio statement on the percentage of the corporation's shares controlled by, or of its funds that come from, foreign nationals."}
{"article": "SECTION 1. FINDINGS. Congress finds as follows: (1) There is a lack of transparency and consistency concerning inspections by the Food and Drug Administration of medical device establishments around the world, which leads to inefficiencies and inconsistencies and undermines confidence in United States standards. (2) Inspections by the Food and Drug Administration of foreign device establishments are often conducted more efficiently than inspections of domestic device establishments. (3) The frequency and nature of inspections of device establishments are not consistently risk-based, and a comprehensive, transparent, risk-based approach to inspections would result in greater focus on the more significant risks to public health while reducing the burdens on establishments with a strong track record of compliance. (4) There is a lack of transparency and consistency among United States-based regional inspection offices with respect to the frequency of inspections of device establishments and the activities and concerns that trigger for-cause inspections of such establishments. (5) Greater transparency concerning the timing and nature of routine inspections of device establishments would improve the quality and efficiency of the inspection process. (6) Enhancing communications before, during, and after inspections in which deficiencies are identified, would assist the Secretary of Health and Human Services and the device industry in maintaining the safety and effectiveness of devices. (7) Guidance for device establishments is necessary to provide transparency and consistency concerning inspection- related communications. (8) Enhanced training opportunities for device establishment investigators would improve the consistency and efficiency of the device inspection process. (9) There is a lack of transparency in the export certification process with respect to device establishments for which FDA Form 483 has been used to document issues noticed during an inspection conducted pursuant to section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) or establishments that have received Warning Letters in connection with such an inspection, and between domestic and foreign establishments, resulting in devices that are lawfully marketed for United States patients being denied certification for marketing in other countries. (10) Device establishments that have attempted to address deficiencies identified by inspections carried out by the Food and Drug Administration lack sufficient opportunities to confirm that such corrective actions are appropriate. SEC. 2. RISK-BASED INSPECTIONS FOR DEVICES. Paragraph (2) of section 510(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)) is amended to read as follows: ``(2) Risk-based schedule for devices.-- ``(A) In general.--The Secretary, acting through one or more officers or employees duly designated by the Secretary, shall inspect establishments described in paragraph (1) that are engaged in the manufacture, propagation, compounding, or processing of a device or devices (referred to in this subsection as `device establishments') in accordance with one risk-based inspection schedule established by the Secretary, applied consistently across regional offices. ``(B) Factors and considerations.--In establishing the risk-based schedule under subparagraph (A), the Secretary shall-- ``(i) apply, to the extent applicable for device establishments, the factors identified in paragraph (4); and ``(ii) consider the participation of the device establishment, as applicable, in international device audit programs in which the United States participates or the United States recognizes for purposes of inspecting.''. SEC. 3. IMPROVEMENTS TO INSPECTIONS PROCESS FOR DEVICE ESTABLISHMENTS. Section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) is amended by adding at the end the following: ``(h)(1) The Secretary shall adopt a uniform process and uniform standards applicable to inspections of domestic and foreign device establishments. Such process shall include-- ``(A) notifying the owner, operator, or agent in charge of the establishment of the type and nature of the inspection; ``(B) announcing the inspection the establishment within a reasonable time before such inspection; ``(C) in the case of inspections other than for-cause inspections, providing a reasonable estimate of the timeframe for the inspection, an opportunity for advance communications between the officers or employees carrying out the inspection under subsection (a)(1) and the owner, operator, or agent in charge of the establishment concerning appropriate working hours during the inspection, and, to the extent feasible, advance notice of records that will be requested in order to expedite the inspection; and ``(D) daily communications with the owner, operator, or agent in charge of the establishment regarding inspection status, which may be recorded by either party with advance notice. ``(2) In the case of device establishments that have received a report pursuant to subsection (b), and for which the owner, operator, or agent in charge of such establishment submits a timely response to such report that includes a request for feedback to the actions proposed in such response, the Secretary shall provide nonbinding feedback regarding such proposed actions within 45 days of receipt of such request. ``(3) Nothing in this subsection limits the authority of the Secretary to conduct inspections otherwise permitted under this Act in order to ensure compliance with this Act. ``(4)(A) Not later than 1 year after the date of enactment of this subsection, the Secretary shall issue draft guidance that-- ``(i) specifies how the Food and Drug Administration will implement the process described in paragraph (1) and the requirements described in paragraph (2); ``(ii) provides for standardized templates for communications described in such paragraphs; ``(iii) establishes a standard timeframe over consecutive days that is applicable to both domestic and foreign inspections, to which each inspector shall adhere unless an investigator can identify to the establishment a reason that more time is needed; and ``(iv) identifies practices for investigators and device establishments to facilitate the continuity of inspections. ``(B) Not later than 18 months after the date of enactment of this subsection, after notice and opportunity for public comment on the draft guidance described in subparagraph (A), the Secretary shall issue final guidance consistent with this subsection.''. SEC. 4. CERTIFICATES TO FOREIGN GOVERNMENTS FOR DEVICES. Subsection (e)(4) of section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(4)) is amended-- (1) by adding at the end the following: ``(E)(i) If the Secretary denies a request for certification with respect to a device pursuant to subparagraph (A)(ii), the Secretary shall provide in writing to the person seeking such certification the basis for such denial, and specifically identify the finding upon which such denial is based. ``(ii) If the denial of a request as described in clause (i) is based on grounds other than an injunction proceeding pursuant to section 302, seizure action pursuant to section 304, or a recall designated Class I or Class II pursuant to part 7, title 21, Code of Federal Regulations, the Secretary shall provide a substantive summary of the specific deficiencies identified. ``(iii) With respect to a device manufactured in an establishment that has received a report under section 704(b), the Secretary shall not deny a request for certification with respect to a device pursuant to subparagraph (A)(ii) if the Secretary and the owner, operator, or agent in charge of such establishment have agreed to a plan of correction in response to such report. ``(F)(i) The Secretary shall provide a process for a person who is denied a certification as described in subparagraph (E)(i) to request a review that conforms to the standards of section 517A(b). ``(ii) Notwithstanding any previous review conducted pursuant to clause (i), a person who has been denied a certification as described in subparagraph (E)(i) may at any time request a review in order to present new information relating to actions taken by such person to address the reasons identified by the Secretary for the denial of certification, including corrective actions to address deficiencies identified by the Secretary. ``(iii) Not later than 1 year after date of enactment of this subparagraph, the Secretary shall issue guidance providing for a process to carry out this subparagraph. ``(G)(i) Subparagraphs (E) and (F) apply to requests for certification on behalf of any device establishment registered under section 510, whether the establishment is located in the United States or another country. ``(ii) The Secretary may charge a fee for the issuance of a certification described in clause (i), and such fee is subject to the conditions and requirements of subparagraph (B).''; and (2) by moving the margins of subparagraphs (C) and (D) 4 ems to the left.", "summary": "This bill amends the Federal Food, Drug, and Cosmetic Act to revise provisions regarding Food and Drug Administration (FDA): (1) inspections of establishments that manufacture or process medical devices, and (2) certification of medical devices for export. The biannual inspection schedule for medical device establishments handling higher risk devices is replaced with a risk-based schedule. In establishing the risk-based schedule, the FDA must consider an establishment's participation in international medical device audit programs. The FDA must adopt a uniform process and uniform standards for inspections of domestic and foreign medical device establishments. Upon request, the FDA must provide to the person in charge of a medical device establishment feedback regarding the person's proposals to address issues identified during an inspection. The FDA must provide the basis for denying requests for certification of products for export as meeting FDA requirements for domestic products. A person denied such a certification may request supervisory review of that decision. Products from a medical device establishment that an inspector found to be contaminated or insanitary may be certified for export if the person in charge of the establishment has agreed to a plan to correct the issues identified during the inspection."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Health Relief Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES Sec. 101. Protecting American jobs and wages. Sec. 102. Increasing flexibility for small businesses. Sec. 103. Increasing choices for Americans. Sec. 104. Protecting patients from higher premiums. Sec. 105. Ensuring affordable coverage. TITLE II--INCREASING CONSUMER CONTROL Sec. 201. Repeal of the restriction on over-the-counter medicines. Sec. 202. Repeal of the annual cap. TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE Sec. 301. Allowing individuals to keep the coverage they have if they like it. TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES SEC. 101. PROTECTING AMERICAN JOBS AND WAGES. Sections 1513 and 1514 and subsections (e), (f), and (g) of section 10106 of the Patient Protection and Affordable Care Act (Public Law 111-148) and the amendments made by such sections and subsections are repealed and the Internal Revenue Code of 1986 shall be applied and administered as if such provisions and amendments had never been enacted. SEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSINESSES. Section 1302(c)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148) is repealed. SEC. 103. INCREASING CHOICES FOR AMERICANS. (a) Qualified Health Plan Coverage Satisfied by High Deductible Health Plan With Health Savings Account.--Section 1302(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(e)) is amended to read as follows: ``(e) High Deductible Health Plan With Health Savings Account.--A health plan not providing a bronze, silver, gold, or platinum level of coverage shall be treated as meeting the requirements of subsection (d) with respect to any plan year for any enrollee if the plan meets the requirements for a high deductible health plan under section 223(c)(2) of the Internal Revenue Code of 1986 and such enrollee has established a health savings account (as defined in section 223(d)(1) of such Code) in relation to such plan.''. (b) Conforming Amendments.-- (1) Subparagraph (C) of section 1312(d)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)) is amended by striking ``, except'' and all that follows through ``1302(e)(2)''. (2) Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986, as added by section 1401(a) of the Patient Protection and Affordable Care Act (Public Law 111- 148), is amended by striking ``, except'' and all that follows through ``such Act''. (3) Subparagraph (B) of section 1334(c)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18054(c)(1)) is amended by striking ``and catastrophic coverage''. SEC. 104. PROTECTING PATIENTS FROM HIGHER PREMIUMS. Section 9010 of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by section 10905 of such Act, is repealed. SEC. 105. ENSURING AFFORDABLE COVERAGE. Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42 U.S.C. 300(a)(1)(A)(iii)), as added by section 1201 of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by striking ``, except'' and all that follows through ``2707(c))''. TITLE II--INCREASING CONSUMER CONTROL SEC. 201. REPEAL OF THE RESTRICTION ON OVER-THE-COUNTER MEDICINES. Section 9003 of the Patient Protection and Affordable Care Act (Public Law 111-148) and the amendments made by such section are repealed and the Internal Revenue Code of 1986 shall be applied as if such section and amendments had never been enacted. SEC. 202. REPEAL OF THE ANNUAL CAP. Sections 9005 and 10902 of the Patient Protection and Affordable Care Act (Public Law 111-148) and section 1403 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and the amendments made by such sections are repealed and the Internal Revenue Code of 1986 shall be applied as if such sections and amendments had never been enacted. TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COVERAGE THEY HAVE IF THEY LIKE IT. (a) In General.--Section 1251(a)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18011) is amended-- (1) by striking ``Except as provided in paragraph (3),'' and inserting the following: ``(A) In general.--Except as provided in paragraphs (3) and (4),''; and (2) by adding at the end the following: ``(B) Protecting employers and consumers with grandfathered coverage.-- ``(i) In general.--A group health plan or health insurance coverage in which an individual is enrolled on or after March 23, 2010, but before any plan year beginning not later than 1 year after the date of the enactment of this subparagraph, and which is deemed to be a grandfathered health plan under this section, shall continue to be considered a grandfathered health plan with respect to such individual regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits under such plan or coverage as otherwise permitted under this Act (and the amendments made by this Act). ``(ii) Regulations.--The Secretary shall promulgate regulations to clarify the application of clause (i) to a plan or coverage that continues to be a grandfathered health plan pursuant to such clause.''. (b) Effective Date; Previously Promulgated Regulations Voided.-- (1) Effective date.--The amendments made by this section shall take effect as if included in the enactment of the Patient Protection and Affordable Care Act. (2) Previously promulgated regulations voided.--Any regulations relating to section 1251(a)(2) of such Act promulgated before the date of the enactment of this Act shall have no force or effect.", "summary": "Small Business Health Relief Act of 2011 - Repeals provisions of the Internal Revenue Code (IRC), as added by the Patient Protection and Affordable Care Act (PPACA), that: (1) impose fines on large employers (employers with more than 50 full-time employees) who fail to offer their full-time employees the opportunity to enroll in minimum essential health insurance coverage; and (2) require such large employers to file a report with the Secretary of the Treasury on health insurance coverage provided to their full-time employees. Repeals provision of PPACA that: (1) set limits on the annual deductible on health plans offered in the small group market, (2) allow catastrophic plans to be offered in the individual market to individuals under the age of 30, and (3) impose an annual fee on health insurance entities. Deems high deductible health plans to meet essential health benefits coverage requirements if the enrollee has established a health savings account. Amends the Public Health Service Act, as amended by PPACA, to repeal a provision that allows a premium rate variance by age in the individual or small group market. Repeals restrictions on payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to prescription drugs or insulin. Repeals provisions limiting annual salary reduction contributions by an employee to a health flexible spending arrangement under a cafeteria plan to $2,500. Allows a health plan to maintain its status as a grandfathered health plan regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits. Requires the Secretary of Health and Human Services (HHS) to promulgate regulations to clarify the application of such provision. Makes this provision effective as if included in PPACA. Voids any regulations promulgated related to such provisions before enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Acid Rain and Mercury Control Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purposes. Sec. 3. Reduction of sulfur dioxide and nitrogen oxide emissions from powerplants. Sec. 4. Mercury emission reductions. Sec. 5. Effect on other law. Sec. 6. Protecting sensitive regional ecosystems. Sec. 7. Authorization of appropriations. Sec. 8. Modernization. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) reductions of atmospheric sulfur dioxide and nitrogen oxide from utility plants, in addition to the reductions required under the Clean Air Act (42 U.S.C. 7401 et seq.), are needed to reduce acid deposition and its serious adverse effects on public health, natural resources, building structures, sensitive ecosystems, and visibility; (2) sulfur dioxide and nitrogen oxide contribute to the development of fine particulates, suspected of causing human mortality and morbidity to a significant extent; (3) regional nitrogen oxide reductions of 75 percent in the Eastern United States, in addition to the reductions required under the Clean Air Act, may be necessary to protect sensitive watersheds from the effects of nitrogen deposition; (4) since the Clean Air Act Amendments of 1990 were enacted, some acidic lakes in the Adirondacks in the State of New York have started to slowly show chemical recovery from acid rain, demonstrating that sulfur dioxide and nitrogen oxide regulations can be implemented in a cost-effective manner, but the recovery is progressing at a slower rate than originally intended; (5) nitrogen oxide is highly mobile and can lead to ozone formation hundreds of miles from the emitting source; (6) on March 10, 2005, the Environmental Protection Agency (EPA) issued the Clean Air Interstate Rule (CAIR) to require additional reductions in sulfur dioxide and nitrogen oxide in 28 Eastern States and the District of Columbia; (7) these reductions represent approximately a 70 percent reduction in sulfur dioxide and a 60 percent reduction in nitrogen oxide in the affected States; (8) on July 11, 2008, the United States Court of Appeals for the District of Columbia Circuit vacated CAIR and on December 23, 2008, the same court remanded the rule back to the EPA without vacature; (9) fossil fuel-fired electric generating units emit approximately \\1/3\\ of the total mercury emissions in the United States; (10) mercury is considered a neurotoxin which can bioaccumulate as it moves its way up the food chain and is especially harmful to young children and developing fetuses; (11) according to the EPA, there were 3,080 fish advisories for mercury in 2006; there are over 90 fish advisories for mercury in New York alone, with blanket warning for the Adirondack and Catskill Mountains; (12) on March 15, 2005, EPA issued the Clean Air Mercury Rule (CAMR), which for the first time sought to regulate mercury emissions from power plants, but used a less restrictive cap-and-trade approach for this very harmful substance and would take a full decade to implement; (13) on February 8, 2008, the United States Court of Appeals for the District of Columbia Circuit vacated CAMR; and (14) on February 23, 2009, the Supreme Court denied a request to reconsider the decision. (b) Purposes.--The purposes of this Act are-- (1) to recognize the current scientific understanding that emissions of sulfur dioxide and nitrogen oxide, and the acid deposition resulting from emissions of sulfur dioxide and nitrogen oxide, present a substantial human health and environmental risk; (2) to require reductions in sulfur dioxide and nitrogen oxide emissions; (3) to support the efforts of existing acid rain and mercury monitoring programs located throughout the country; (4) to reduce utility emissions of nitrogen oxide by 75 percent from 1997 levels; (5) to reduce utility emissions of sulfur dioxide by 75 percent after the implementation of phase II sulfur dioxide requirements under section 405 of the Clean Air Act (42 U.S.C. 7651d); and (6) to adopt a strict standard for mercury emissions by power plants of 0.6 pounds per trillion Btu without allowing for a cap-and-trade system. SEC. 3. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS FROM POWERPLANTS. Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``SEC. 132. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS FROM POWERPLANTS. ``(a) Emission Reduction Objectives.--The emission reduction objectives of this section are to reduce, not later than January 1, 2012-- ``(1) aggregate sulfur dioxide emissions from powerplants by 75 percent from the levels allowed under full implementation of the Phase II sulfur dioxide requirements under title IV (relating to acid deposition control); and ``(2) aggregate nitrogen oxide emissions from powerplants by 75 percent from 1997 levels. ``(b) Agency Action.-- ``(1) Regulations.-- ``(A) In general.--Not later than 2 years after the date of enactment of this section, the Administrator shall promulgate regulations to achieve the emission reduction objectives specified in subsection (a). ``(B) Elements.--The regulations promulgated under subparagraph (A)-- ``(i) shall achieve the objectives in a manner that the Administrator determines will allocate required emission reductions equitably, taking into account emission reductions achieved before the date of enactment of this section and other relevant factors; ``(ii) may include market-oriented mechanisms (such as emissions trading based on generation performance standards, auctions, or other allocation methods); ``(iii) shall prevent localized adverse effects on public health and the environment and ensure that significant emission reductions are achieved in both the Eastern and Western regions of the United States; and ``(iv) shall include, consistent with achieving the objectives set forth in subsection (a), incentives for renewable energy. ``(2) Interagency coordination to minimize costs and maximize gains.--To minimize the economic costs and maximize the economic gains of achieving the emission reduction objectives specified in subsection (a), the Administrator shall coordinate with other departments and agencies of Federal and State government to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies, such as those described in the report prepared by the Interlaboratory Working Group of the Department of Energy entitled `Scenarios for a Clean Energy Future', dated November 2000. ``(c) Additional Reductions.--The regulations promulgated under subsection (b) may require additional reductions in emissions from powerplants if the Administrator determines that the emission levels necessary to achieve the emission reduction objectives specified in subsection (a) are not reasonably anticipated to protect public health or welfare. ``(d) Modernization of Outdated Powerplants.-- ``(1) In general.--On the later of the date that is 30 years after a powerplant commenced operation or the date that is 5 years after the date of enactment of this section, it shall comply with-- ``(A) the most recent new source performance standards promulgated under section 111; and ``(B) the requirements under parts C and D that are applicable to modified sources. ``(2) Additional requirements.--The requirements of this subsection shall be in addition to the requirements of the regulations promulgated under subsection (b). ``(e) Other Requirements.--The requirements of this section shall be in addition to, and not in lieu of, any other requirement of this Act. ``(f) Definition.--In this section, the term `powerplant' means an electric generation facility with a nameplate capacity of 25 megawatts or more that uses a combustion device to generate electricity for sale.''. SEC. 4. MERCURY EMISSION REDUCTIONS. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``TITLE VII--MERCURY REDUCTIONS ``Sec. 701. Definitions. ``Sec. 702. Mercury reduction program. ``Sec. 703. Prohibitions. ``SEC. 701. DEFINITIONS. ``In this title: ``(1) Affected unit.--The term `affected unit' means a coal-fired electric generating facility (including a cogeneration facility) that-- ``(A) has a nameplate capacity greater than 25 megawatts; and ``(B) generates electricity for sale. ``(2) Cogeneration facility.--The term `cogeneration facility' means a facility that-- ``(A) cogenerates-- ``(i) steam; and ``(ii) electricity; and ``(B) supplies, on a net annual basis, to any utility power distribution system for sale-- ``(i) more than \\1/3\\ of the potential electric output capacity of the facility; and ``(ii) more than 25 megawatts of electrical output of the facility. ``SEC. 702. MERCURY REDUCTION PROGRAM. ``(a) New Unit Requirement.--Any affected unit that commences operation after December 31, 2010, shall be considered a new unit for the purposes of this section and shall not exceed the emission limit of 0.6 pounds mercury per trillion Btu (0.6 lb Hg/TBtu) upon commencement of operation. ``(b) Existing Unit Requirement.--Any affected unit that commences operation on or before December 31, 2010, shall not exceed the emission limit of 0.6 pounds mercury per trillion Btu by January 1, 2013. ``(c) Monitoring System.--Not later than January 1, 2011, the Administrator shall promulgate regulations requiring operation, reporting and certification of continuous emissions monitoring systems (CEMS) to accurately measure the quantity of mercury that is emitted from each affected unit. ``(d) Excess Emissions.-- ``(1) In general.--The owner or operator of an affected unit that emits mercury in excess of the emission limitation described in subsections (b) and (c) shall pay an excess emissions penalty determined under paragraph (2). ``(2) Determination of excess emissions penalty.--The excess emissions penalty shall be an amount equal to $10,000 for each ounce of mercury emitted in excess of the emission limitations for mercury described in subsections (b) and (c). ``(e) Prevention of Mercury Re-Release.--Not later than January 1, 2011, the Administrator shall promulgate regulations to ensure that any mercury captured or recovered by emission controls installed at an affected unit is not re-released into the environment. ``SEC. 703. PROHIBITIONS. ``It shall be unlawful-- ``(1) for the owner or operator of any electricity generating facility-- ``(A) to operate the electricity generating facility in noncompliance with the requirements of this title (including any regulations implementing this title); ``(B) to fail to submit by the required date any emission allowances, or pay any penalty, for which the owner or operator is liable; ``(C) to fail to provide and comply with any plan to offset excess emissions; or ``(D) to emit mercury in excess of the emission limitations established under section 702; or ``(2) for any person to hold, use, or transfer any emission allowance allocated under this title except in accordance with regulations promulgated by the Administrator.''. SEC. 5. EFFECT ON OTHER LAW. Nothing in this Act-- (1) affects the ability of a State to take State actions to further limit sulfur dioxide, nitrogen oxide, or mercury; and (2) except as expressly provided in this Act-- (A) modifies or otherwise affects any requirement of this Act in effect on the day before the date of enactment of this Act; or (B) relieves any person of the responsibility to comply with this Act. SEC. 6. PROTECTING SENSITIVE REGIONAL ECOSYSTEMS. (a) Report.-- (1) In general.--Not later than December 31, 2012, the Administrator shall submit to Congress a report identifying objectives for scientifically credible environmental indicators, as determined by the Administrator of the Environmental Protection Agency, that are sufficient to protect and restore sensitive ecosystems of the Adirondack Mountains, mid-Appalachian Mountains, Catskill Mountains, Rocky Mountains, and Southern Blue Ridge Mountains and water bodies of the Great Lakes, Lake Champlain, Long Island Sound, the Chesapeake Bay and other sensitive ecosystems, as determined by the Administrator. (2) Updated report.--Not later than December 31, 2021, the Administrator shall submit to Congress a report updating the report under paragraph (1) and assessing the status and trends of various environmental objectives and indicators for the sensitive regional ecosystems referred to in paragraph (1). (3) Reports under the national acid precipitation assessment program.--The reports under this subsection shall be subject to the requirements applicable to a report under section 103(j)(3)(E) of the Clean Air Act (42 U.S.C. 7403(j)(3)(E)). (b) Regulations.-- (1) Determination.--Not later than December 31, 2019, the Administrator shall determine whether emission reductions under title VII of the Clean Air Act are sufficient to ensure achievement of the objectives stated in subsection (a)(1). (2) Promulgation.--If the Administrator determines under paragraph (1) that emission reductions under title VII of the Clean Air Act are not sufficient to ensure achievement of the objectives identified in subsection (a)(1), the Administrator shall promulgate, not later than 2 years after making the finding, such regulations, including modification of sulfur dioxide and nitrogen oxide allowance allocations or any such measure, as the Administrator determines are necessary to protect the sensitive ecosystems described in subsection (a)(1). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. In addition to amounts made available under any other law, there are authorized to be appropriated for each of fiscal years 2010 through 2020-- (1) for operational support of the National Atmospheric Deposition Program National Trends Network-- (A) $2,000,000 to the United States Geological Survey; (B) $600,000 to the Environmental Protection Agency; (C) $600,000 to the National Park Service; and (D) $400,000 to the Forest Service; (2) for operational support of the National Atmospheric Deposition Program Mercury Deposition Network-- (A) $400,000 to the Environmental Protection Agency; (B) $400,000 to the United States Geological Survey; (C) $100,000 to the National Oceanic and Atmospheric Administration; and (D) $100,000 to the National Park Service; (3) for the National Atmospheric Deposition Program Atmospheric Integrated Research Monitoring Network $1,500,000 to the National Oceanic and Atmospheric Administration; (4) for the Clean Air Status and Trends Network $5,000,000 to the Environmental Protection Agency; and (5) for the Temporally Integrated Monitoring of Ecosystems and Long-Term Monitoring Program $2,500,000 to the Environmental Protection Agency. SEC. 8. MODERNIZATION. (a) Authorization of Appropriations.--In addition to amounts made available under any other law, there are authorized to be appropriated-- (1) for equipment and site modernization of the National Atmospheric Deposition Program National Trends Network $6,000,000 to the Environmental Protection Agency; (2) for equipment and site modernization and network expansion of the National Atmospheric Deposition Program Mercury Deposition Network $2,000,000 to the Environmental Protection Agency; (3) for equipment and site modernization and network expansion of the National Atmospheric Deposition Program Atmospheric Integrated Research Monitoring Network $1,000,000 to the National Oceanic and Atmospheric Administration; and (4) for equipment and site modernization and network expansion of the Clean Air Status and Trends Network $4,600,000 to the Environmental Protection Agency. (b) Availability of Amounts.--Each of the amounts appropriated under subsection (a) shall remain available until expended.", "summary": "Acid Rain and Mercury Control Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to reduce specified amounts of aggregate sulfur dioxide emissions and nitrogen oxide emissions from power plants by January 1, 2012. Authorizes the regulations to include market-oriented mechanisms. Requires the Administrator to coordinate with federal and state governments to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies. Requires a power plant, by the later of the date that is 30 years after it commenced operation or the date that is five years after this Act's enactment, to comply with the specified new source performance standards and specified requirements applicable to modified sources under the Clean Air Act. Considers affected units (coal-fired electric generating facilities that have a nameplate capacity greater than 25 megawatts and that generate electricity for sale) that commence operation after December 31, 2010, to be new units. Prohibits such units from exceeding the mercury emission limit of 0.6 pounds mercury per trillion Btu upon commencement of operation. Prohibits affected units that commence operation on or before December 31, 2010, from exceeding such limit by January 1, 2013. Sets forth penalties for excess emissions. Requires the Administrator to ensure that mercury captured or recovered by emission controls installed at affected units is not re-released into the environment. Prohibits owners or operators of electricity generating facilities from: (1) operating such facilities in noncompliance with the requirements of this Act; (2) failing to submit allowances or penalties or to provide and comply with any plan to offset excess emissions; and (3) emitting mercury in excess of the emission limitations. Prohibits any person from holding, using, or transferring emission allowances allocated under such Act that are not in accordance with regulations promulgated by the Administrator. Declares that nothing in this Act affects the ability of states to take actions to further limit sulfur dioxide, nitrogen oxide, or mercury. Directs the Administrator to promulgate regulations to protect specified sensitive ecosystems if the emissions reductions under title VII of the Clean Air Act are not sufficient to ensure the protection and restoration of such ecosystems."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as ``Healthy Kids for Healthy Futures Act of 2009''. SEC. 2. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. (a) Amendments of ERISA.-- (1) In general.--Subpart B of part 7 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following: ``SEC. 714. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide coverage for appropriate preventive care for each qualified dependent child of the participant. ``(b) Appropriate Preventive Care.--For purposes of this section, the term `appropriate preventive care' means medical care which, under regulations prescribed by the Secretary of Health and Human Services, in consultation with the Secretary and the Secretary of the Treasury, meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. ``(c) Qualified Dependent Child.--For purposes of this section, the term `qualified dependent child' means a child of the participant who-- ``(1) is not more than 18 years of age, and ``(2) is a dependent child, under the terms of the plan or coverage, of the participant. ``(d) Cost-Sharing Prohibited.--A group health plan and health insurance coverage provided in connection with a group health plan may not impose deductibles, copayments, coinsurance, or other cost-sharing in relation to services provided pursuant to the requirements of subsection (a). ``(e) Certain Coverage Restrictions Prohibited.--A group health plan, and a health insurance issuer providing coverage in connection with a group health plan, may not-- ``(1) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan solely for the purpose of avoiding the requirements of this section, or ``(2) penalize, or otherwise reduce or limit the reimbursement of, an attending provider, or provide incentives (monetary or otherwise) to an attending provider, so as to induce the provider to provide care to a beneficiary in a manner inconsistent with this section. ``(f) Allowance for Level or Type of Provider Reimbursement.-- Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(g) Notice.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations which shall be promulgated by the Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed to participants and beneficiaries by the plan or issuer on an annual or other more frequent periodic basis. ``(h) Relation to State Laws.--Nothing in this section shall be construed to preempt or otherwise limit any State law with respect to health insurance coverage that requires more extensive coverage than is otherwise required under this section.''. (2) Conforming amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage of preventive care for children.''. (b) Amendments to the Public Health Service Act.-- (1) Group markets.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following new section: ``SEC. 2707. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide coverage for appropriate preventive care for each qualified dependent child of the participant. ``(b) Appropriate Preventive Care.--For purposes of this section, the term `appropriate preventive care' means medical care which, under regulations prescribed by the Secretary, in consultation with the Secretary of Labor and the Secretary of the Treasury, meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. ``(c) Qualified Dependent Child.--For purposes of this section, the term `qualified dependent child' means a child of the participant who-- ``(1) is not more than 18 years of age, and ``(2) is a dependent child, under the terms of the plan or coverage, of the participant. ``(d) Cost-Sharing Prohibited.--A group health plan and health insurance coverage provided in connection with a group health plan may not impose deductibles, copayments, coinsurance, or other cost-sharing in relation to services provided pursuant to the requirements of subsection (a). ``(e) Certain Coverage Restrictions Prohibited.--A group health plan, and a health insurance issuer providing coverage in connection with a group health plan, may not-- ``(1) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan solely for the purpose of avoiding the requirements of this section, or ``(2) penalize, or otherwise reduce or limit the reimbursement of, an attending provider, or provide incentives (monetary or otherwise) to an attending provider, so as to induce the provider to provide care to a beneficiary in a manner inconsistent with this section. ``(f) Allowance for Level or Type of Provider Reimbursement.-- Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(g) Notice.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations which shall be promulgated by the Secretary of Labor, in consultation with the Secretary and the Secretary of the Treasury. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed to participants and beneficiaries by the plan or issuer on an annual or other more frequent periodic basis. ``(h) Relation to State Laws.--Nothing in this section shall be construed to preempt or otherwise limit any State law with respect to health insurance coverage that requires more extensive coverage than is otherwise required under this section.''. (2) Individual market.--Subpart 3 of part B of title XXVII of such Act (42 U.S.C. 300gg-51 et seq.) is amended by adding at the end the following new section: ``SEC. 2753. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Amendments to the Internal Revenue Code.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (relating to other group health plan requirements) is amended by inserting after section 9812 the following new section: ``SEC. 9813. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. ``(a) In General.--A group health plan shall provide coverage for appropriate preventive care for each qualified dependent child of the participant. ``(b) Appropriate Preventive Care.--For purposes of this section, the term `appropriate preventive care' means medical care which, under regulations prescribed by the Secretary of Health and Human Services in consultation with the Secretary and the Secretary of Labor, meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. ``(c) Qualified Dependent Child.--For purposes of this section, the term `qualified dependent child' means a child of the participant who-- ``(1) is not more than 18 years of age, and ``(2) is a dependent child, under the terms of the plan or coverage, of the participant. ``(d) Cost-Sharing Prohibited.--A group health plan may not impose deductibles, copayments, coinsurance, or other cost-sharing in relation to services provided pursuant to the requirements of subsection (a). ``(e) Certain Coverage Restrictions Prohibited.--A group health plan may not-- ``(1) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan solely for the purpose of avoiding the requirements of this section, or ``(2) penalize, or otherwise reduce or limit the reimbursement of, an attending provider, or provide incentives (monetary or otherwise) to an attending provider, so as to induce the provider to provide care to a beneficiary in a manner inconsistent with this section. ``(f) Allowance for Level or Type of Provider Reimbursement.-- Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(g) Notice.--A group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations which shall be promulgated by the Secretary of Labor, in consultation with the Secretary and the Secretary of Health and Human Services. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed to participants and beneficiaries by the plan or issuer on an annual or other more frequent periodic basis. ``(h) Relation to State Laws.--Nothing in this section shall be construed to preempt or otherwise limit any State law with respect to health insurance coverage that requires more extensive coverage than is otherwise required under this section.''. (2) Conforming amendment.--The table of sections for subchapter B of chapter 100 of such Code is amended by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage of preventive care for children.''. (d) Effective Date.--The amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2010. (e) Initial Notice.--Each group health plan and health insurance issuer to which the notice requirements of section 714(g) of the Employee Retirement Income Security Act of 1974, section 2707(g) of the Public Health Service Act, or section 9813(g) of the Internal Revenue Code of 1986 apply shall be deemed not in compliance with such requirements with respect to the first plan year beginning on or after January 1, 2010, unless, not later than January 1, 2010, the plan or issuer includes the information described in such section in a notice which is provided to each participant and beneficiary in writing. SEC. 3. COVERAGE OF PREVENTATIVE CARE FOR CHILDREN UNDER HEALTH SAVINGS ACCOUNTS. (a) In General.--Paragraph (2) of section 223(c) of the Internal Revenue Code of 1986 (defining high deductible health plan) is amended by adding at the end the following new subparagraph: ``(E) Special rule for preventative care for children.-- ``(i) In general.--A plan shall not be treated as a high deductible health plan unless such plan meets the requirements of section 9813 (relating to coverage of preventative care for children). ``(ii) Plan treated as group health plan.-- For purposes of clause (i), the plan shall be treated as a group health plan.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009.", "summary": "Healthy Kids for Healthy Futures Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan to provide coverage for appropriate preventive care for a participant's dependent child who is not more than 18 years of age. Defines \"appropriate preventive care\" to mean medical care that meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. Prohibits a group health plan from imposing any cost-sharing for such preventive services. Prohibits a group health plan from taking specified actions to avoid the requirements of this Act. Applies the provisions of this Act to individual health insurance coverage. Excludes a plan from being treated as a high deductible health plan unless the requirements of this Act are met."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sport Fish Restoration and Recreational Boating Safety Act of 2015''. SEC. 2. ALLOCATIONS. (a) Authorization.--Section 3 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777b) is amended by striking ``57 percent'' and inserting ``58.012 percent''. (b) In General.--Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``For each'' and all that follows through ``the balance'' and inserting ``For each fiscal year through fiscal year 2020, the balance''; and (ii) by striking ``multistate conservation grants under section 14'' and inserting ``activities under section 14(e)''; (B) in paragraph (1) by striking ``18.5'' percent and inserting ``18.673 percent''; (C) in paragraph (2) by striking ``18.5 percent'' and inserting ``17.315 percent''; (D) by striking paragraphs (3) and (4); (E) by redesignating paragraph (5) as paragraph (4); and (F) by inserting after paragraph (2) the following: ``(3) Boating infrastructure improvement.-- ``(A) In general.--An amount equal to 4 percent to the Secretary of the Interior for qualified projects under section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note) and section 7404(d) of the Sportfishing and Boating Safety Act of 1998 (16 U.S.C. 777g-1(d)). ``(B) Limitation.--Not more than 75 percent of the amount under subparagraph (A) shall be available for projects under either of the sections referred to in subparagraph (A).''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (A) by striking ``for each'' and all that follows through ``the Secretary'' and inserting ``for each fiscal year through fiscal year 2020, the Secretary''; and (ii) in subparagraph (B)-- (I) in clause (i) by striking ``each of fiscal years 2001 and 2002, $9,000,000;'' and inserting ``fiscal year 2016, $11,000,000;''; (II) in clause (ii) by striking ``2003, $8,212,000; and'' and inserting ``2017, $11,300,000;''; and (III) by striking clause (iii) and inserting the following: ``(iii) for fiscal year 2018, $11,600,000; ``(iv) for fiscal year 2019, $11,800,000; and ``(v) for fiscal year 2020, $11,900,000.''; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: ``(2) Set-aside for coast guard administration.-- ``(A) In general.--From the annual appropriation made in accordance with section 3, for each of fiscal years 2016 through 2020, the Secretary of the department in which the Coast Guard is operating may use no more than the amount specified in subparagraph (B) for the fiscal year for the purposes set forth in section 13107(c) of title 46, United States Code. The amount specified in subparagraph (B) for a fiscal year may not be included in the amount of the annual appropriation distributed under subsection (a) for the fiscal year. ``(B) Available amounts.--The available amount referred to in subparagraph (A) is-- ``(i) for fiscal year 2016, $7,800,000; ``(ii) for fiscal year 2017, $7,900,000; ``(iii) for fiscal year 2018, $8,000,000; ``(iv) for fiscal year 2019, $8,100,000; and ``(v) for fiscal year 2020, $8,200,000.''; and (D) in paragraph (3), as so redesignated-- (i) in subparagraph (A) by striking ``until the end of the fiscal year.'' and inserting ``until the end of the subsequent fiscal year.''; and (ii) in subparagraph (B) by striking ``under subsection (e)'' and inserting ``under subsection (c)''; (3) in subsection (c)-- (A) by striking ``(c) The Secretary'' and inserting ``(c)(1) The Secretary,''; (B) by striking ``grants under section 14 of this title'' and inserting ``activities under section 14(e)''; (C) by striking ``57 percent'' and inserting ``58.012 percent''; and (D) by adding at the end the following: ``(2) The Secretary shall deduct from the amount to be apportioned under paragraph (1) the amounts used for grants under section 14(a).''; and (4) in subsection (e)(1) by striking ``those subsections,'' and inserting ``those paragraphs,''. (c) Submission and Approval of Plans and Projects.--Section 6(d) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777e(d)) is amended by striking ``for appropriations'' and inserting ``from appropriations''. (d) Unexpended or Unobligated Funds.--Section 8(b)(2) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777g(b)(2)) is amended by striking ``57 percent'' and inserting ``58.012 percent''. (e) Cooperation.--Section 12 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777k) is amended-- (1) by striking ``57 percent'' and inserting ``58.012 percent''; and (2) by striking ``under section 4(b)'' and inserting ``under section 4(c)''. (f) Other Activities.--Section 14 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777m) is amended-- (1) in subsection (a)(1) by striking ``of each annual appropriation made in accordance with section 3''; and (2) in subsection (e)-- (A) in the matter preceding paragraph (1) by striking ``Of amounts made available under section 4(b) for each fiscal year--'' and inserting ``Not more than $1,200,000 of each annual appropriation made in accordance with the provisions of section 3 shall be distributed to the Secretary of the Interior for use as follows:''; and (B) in paragraph (1)(D) by striking ``; and'' and inserting a period. (g) Repeal.--The Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.) is amended-- (1) by striking section 15; and (2) by redesignating section 16 as section 15. SEC. 3. RECREATIONAL BOATING SAFETY. Section 13107 of title 46, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``(1) Subject to paragraph (2) and subsection (c),'' and inserting ``Subject to subsection (c),''; (B) by striking ``the sum of (A) the amount made available from the Boat Safety Account for that fiscal year under section 15 of the Dingell-Johnson Sport Fish Restoration Act and (B)''; and (C) by striking paragraph (2); and (2) in subsection (c)-- (A) by striking the subsection designation and paragraph (1) and inserting the following: ``(c)(1)(A) The Secretary may use amounts made available each fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the Coast Guard for investigations, personnel, and activities directly related to-- ``(i) administering State recreational boating safety programs under this chapter; or ``(ii) coordinating or carrying out the national recreational boating safety program under this title. ``(B) Of the amounts used by the Secretary each fiscal year under subparagraph (A)-- ``(i) not less than $2,500,000 is available to ensure compliance with chapter 43 of this title; and ``(ii) not more than $1,500,000 is available to conduct a survey, not more than once every 3 years, of levels of recreational boating participation and related matters in the United States.''; and (B) in paragraph (2)-- (i) by striking ``No funds'' and inserting ``On and after October 1, 2015, no funds''; and (ii) by striking ``traditionally''. SEC. 4. ANNUAL ASSESSMENT. (a) In General.--On the date on which the President submits to Congress a budget for fiscal year 2017 and for each fiscal year thereafter, the Director of the United States Fish and Wildlife Service shall submit to Congress an assessment of the administrative services provided by such Service under the Dingell-Johnson Sport Fish Restoration Act to the States and the sportfishing community. (b) Contents.--Each assessment under subsection (a) shall include the following: (1) The percentage of grant awards and amendments completed within 45 days after receipt of a complete grant application, the average number of days to process new grant applications, and the average number of days to process grant amendment requests. (2) Which wildlife and sport fish restoration policies are currently being updated, the start time for each update, and the anticipated completion time for each update. (3) The number of Federal assistance workshops held with States and such Service in efforts to communicate fiscal policies and procedures to State agencies. (4) The average time to respond to requests from States for assistance, based on initial notification or assistance requests initiated by a State. (5) The number of States with unresolved reconciliation of land records and the number of corrective action plans with open actions. (6) The number of employees of such Service with grants management training and the number of such employees with outstanding training requirements, and the number of State fish and wildlife staff who have received training through the Wildlife and Sport Fish Restoration Fund Program of such Service. (7) The number of full-time positions of such Service filled and vacant, including the associated position titles and paygrades, that contribute to grant processing and related grant management in each Service region and at Service headquarters.", "summary": "Sport Fish Restoration and Recreational Boating Safety Act of 2015 This bill amends the Dingell-Johnson Sport Fish Restoration Act to reauthorize through FY2020 appropriations from the Sport Fish Restoration and Boating Trust Fund for various fish, boating, and coastal wetlands restoration programs. The bill also revises amounts allocated from the Fund to various programs, including amounts for programs concerning: (1) coastal wetlands, (2) boating safety, and (3) boating infrastructure. A separate amount is set aside each fiscal year through FY2020 for the Coast Guard's administration of the national recreational boating safety program. When the President submits a budget for FY2017 and each fiscal year thereafter, the U.S. Fish and Wildlife Service must submit an assessment of the administrative services it provides under the Act to states and the sportfishing community."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010''. SEC. 2. CALCULATION OF ELIGIBILITY. Section 473(b) of the Higher Education Act of 1965 (20 U.S.C. 1087mm(b)) is amended-- (1) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by inserting ``(in the case of a student who meets the requirement of subparagraph (B)(i)), or academic year 2011-2012 (in the case of a student who meets the requirement of subparagraph (B)(ii)),'' after ``academic year 2009-2010''; and (B) by amending subparagraph (B) to read as follows: ``(B) whose parent or guardian was-- ``(i) a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; or ``(ii) actively serving as a public safety officer and died in the line of duty while performing as a public safety officer; and''; (2) in paragraph (3)-- (A) by striking ``Notwithstanding'' and inserting the following: ``(A) Armed forces.--Notwithstanding''; (B) by striking ``paragraph (2)'' and inserting ``subparagraphs (A), (B)(i), and (C) of paragraph (2)''; and (C) by adding at the end the following: ``(B) Public safety officers.--Notwithstanding any other provision of law, unless the Secretary establishes an alternate method to adjust the expected family contribution, for each student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of paragraph (2), a financial aid administrator shall-- ``(i) verify with the student that the student is eligible for the adjustment; ``(ii) adjust the expected family contribution in accordance with this subsection; and ``(iii) notify the Secretary of the adjustment and the student's eligibility for the adjustment.''; and (3) by adding at the end the following: ``(4) Treatment of pell amount.--Notwithstanding section 1212 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1), in the case of a student who receives an increased Federal Pell Grant amount under this section, the total amount of such Federal Pell Grant, including the increase under this subsection, shall not be considered in calculating that student's educational assistance benefits under the Public Safety Officers' Benefits program under subpart 2 of part L of title I of such Act. ``(5) Definitions.--For purposes of this subsection: ``(A) Firefighter.--The term `firefighter' means an individual who is trained in the suppression of fire or hazardous materials response and has the legal authority to engage in these duties. ``(B) Law enforcement officer.--The term `law enforcement officer' means an individual who-- ``(i) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law; and ``(ii) has statutory powers of arrest or apprehension. ``(C) Member of a rescue squad or ambulance crew.-- The term `member of a rescue squad or ambulance crew' means an individual who is an officially recognized or designated public employee member of a rescue squad or ambulance crew. ``(D) Federal or public agency.--The term `Federal or public agency' means-- ``(i) the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Freely Associated States, or any territory or possession of the United States; ``(ii) any unit of local government, department, agency, or instrumentality of any of the entities described in clause (i); or ``(iii) the Amtrak Police department or Federal Reserve Police department. ``(E) Public safety officer.--The term `public safety officer' means an individual serving a Federal or public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a member of a rescue squad or ambulance crew.''. SEC. 3. CALCULATION OF PELL GRANT AMOUNT. Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``The Amount'' and inserting ``Subject to subparagraph (C), the amount''; and (2) by adding at the end the following new subparagraph: ``(C) In the case of a student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of section 473(b)(2)-- ``(i) clause (ii) of subparagraph (A) of this paragraph shall be applied by substituting `from the amounts appropriated in the last enacted appropriation Act applicable to that award year, an amount equal to the amount of the increase calculated under paragraph (8)(B) for that year' for `the amount of the increase calculated under paragraph (8)(B) for that year'; and ``(ii) such student-- ``(I) shall be provided an amount under clause (i) of this subparagraph only to the extent that funds are specifically provided in advance in an appropriation Act to such students for that award year; and ``(II) shall not be eligible for the amounts made available pursuant to clauses (i) through (iii) of paragraph (8)(A).''. SEC. 4. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 5. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on July 1, 2011.", "summary": "Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to eliminate the expected family contribution used in determining a student's need for title IV assistance in the case of a student applicant who is eligible for a Pell Grant and whose parent or guardian died as a result of performing service as a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew. Requires such student to be less than 24 years old and enrolled at an institution of higher education at the time of his or her parent's or guardian's death. Gives financial aid administrators the responsibility of verifying that such students are eligible to have their expected family contribution adjusted (or eliminated), and of adjusting (or eliminating) it, unless the Secretary of Education establishes an alternate method of adjusting their expected family contribution. Prohibits the total Pell Grant of a student whose Pell Grant is increased by reason of this Act from being considered in calculating that student's educational assistance benefits under the Public Safety Officer's Benefits program. Alters the source of the annual Pell Grant increase for such students to require that it be provided only to the extent that funds are specifically provided in advance to such students in an appropriation Act for that award year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rent-To-Own Consumer Credit Protection Act of 1993''. SEC. 2. RENT-TO-OWN PROTECTION ACT. The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following new title: ``TITLE X--RENT-TO-OWN TRANSACTIONS ``Sec. ``1001. Short title. ``1002. Findings and purposes. ``1003. Definitions. ``1004. Application of State laws regarding fees, charges, guarantees, and warranties. ``1005. Application of Federal laws. ``1006. Disclosures on goods. ``1007. Prohibitions; enforcement. ``1008. Civil liability. ``1009. Regulations. ``1010. Relationship to other laws. ``Sec. 1001. Short title ``This title may be cited as the `Rent-To-Own Consumer Credit Protection Act'. ``Sec. 1002. Findings and purposes ``(a) Findings.--The Congress finds that-- ``(1) the rent-to-own industry targets its products primarily to low-income and minority neighborhoods; ``(2) the majority of rent-to-own customers enter into rent-to-own contracts with the intention of owning the goods for which they are contracting; ``(3) rent-to-own dealers often fail to disclose key terms of rent-to-own contracts, and engage in unfair debt collection practices; and ``(4) rent-to-own dealers do not provide customers with the protections afforded purchasers in retail installment sales under State and Federal laws, and often charge excessive fees and interest rates. ``(b) Purposes.--The purposes of this title are-- ``(1) to provide consumers in rent-to-own transactions the range of protections provided under State and Federal laws to individuals who acquire goods in other consumer credit sales; ``(2) to require rent-to-own contracts, and tags affixed to items available for acquisition in rent-to-own transactions, to disclose the material terms of those transactions; and ``(3) to prohibit rent-to-own dealers and collection agents hired by such dealers from engaging in abusive collection practices. ``Sec. 1003. Definitions ``As used in this title-- ``(1) the term `cash price' means-- ``(A) with respect to any item of consumer goods-- ``(i) the bona fide retail price for the item as offered for sale by a seller to a consumer who pays the full price in one payment before taking possession of the item, as indicated by actual sales of such item; or ``(ii) the average cash retail price of the item or a similar item in the community; and ``(B) with respect to a service-- ``(i) the bona fide retail value of the service if provided independently to a consumer; or ``(ii) the estimated bona fide retail value of the service; ``(2) the term `Commission' means the Federal Trade Commission; ``(3) the term `consumer'-- ``(A) when used as an adjective, means for use by an individual primarily for personal, family, or household purposes; and ``(B) when used as a noun, means an individual who is the lessee or bailee under a rent-to-own contract; ``(4) the term `credit'-- ``(A) includes the right granted by a seller to a consumer to obtain possession of an item of consumer goods under a rent-to-own contract before payment of the total amount that is required to be paid to acquire ownership of the item; and ``(B) is deemed to be a fixed sum equal to the difference of-- ``(i) the total of payments for the item required to obtain ownership of the item under the contract; minus ``(ii) the sum of-- ``(I) the cash price; ``(II) any fees specifically allowable under State law, except finance charges, interest, or a time price differential; and ``(III) the termination fee under section 1004; ``(5) the term `organization' means a corporation, trust, estate, partnership, cooperative, or association; ``(6) the term `person' means a natural person or an organization; ``(7) the term `rent-to-own contract' means a contract in the form of a terminable lease or bailment of an item of consumer goods, under which-- ``(A) the consumer-- ``(i) has the right of possession and use of the item; and ``(ii) has the option to renew the contract periodically by making payments specified in the contract; and ``(B) the seller agrees, orally or in writing, to transfer ownership of the item to the consumer upon the fulfillment of all obligations of the consumer under the contract for that transfer; ``(8) the term `rent-to-own transaction' means the lease or bailment of an item of consumer goods under a rent-to-own contract; ``(9) the term `seller' means-- ``(A) a person-- ``(i) who regularly makes consumer goods available under rent-to-own contracts; and ``(ii) to whom payments are payable under those contracts; and ``(B) an assignee of such a person; and ``(10) the term `State' means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. ``Sec. 1004. Application of State laws regarding fees, charges, guarantees, and warranties ``(a) In General.--Subject to subsection (b), a seller in a rent- to-own transaction may not take, receive, or assess any interest, finance charge, or other fee for the transaction that is in excess of the interest, fees, or finance charges that may be charged under the laws of the State in which the seller is located that-- ``(1) establish a maximum rate or amount of interest, finance charge, or time-price differential that may be charged in connection with a credit sale or retail installment sale; ``(2) establish the types of fees and the maximum amount of fees that a seller may charge in connection with a credit sale or retail installment sale; or ``(3) establish the types of credit insurance and the maximum amount of premiums that may be charged for credit insurance in connection with a credit sale or a retail installment sale. ``(b) Additional Termination Charges and Fees.-- ``(1) Charges and fees authorized.--In addition to charges and fees authorized under subsection (a), a seller in a rent- to-own transaction may charge-- ``(A) a termination fee in accordance with paragraph (2), if in exchange the consumer is given the right to terminate the rent-to-own contract for the transaction at any time without regard to whether the consumer has completed payment of the fee; and ``(B) reasonable fees for recovery of the items that are the subject of the contract and that are not voluntarily returned to the seller upon the completion or termination of the contract. ``(2) Termination fee.--A termination fee under paragraph (1)(A)-- ``(A) shall not exceed 5 percent of the cash price disclosed under the contract; ``(B) shall be disclosed in the contract; and ``(C) may be paid at the time the contract is entered into or over the life of the contract; and ``(D) shall be calculated as part of the finance charge determined under section 106 of the Truth in Lending Act. ``(3) Recovery fees.--A recovery fee under paragraph (1)(B) shall be disclosed in the contract. ``(4) Effect of termination.--The termination of a rent-to- own contract by a consumer in accordance with a right of termination given to the consumer in exchange for a termination fee under subsection (a)(1) shall be deemed to satisfy the consumer's obligations for all payments and fees due under the contract, except for payments and fees under the contract that were due prior to the date of termination. ``(c) Guarantees and Warranties.--All guarantees and warranties established or required under the laws of a State for goods sold pursuant to a consumer credit sale or retail installment sale shall apply to goods that are the subject of a rent-to-own transaction in the State. ``Sec. 1005. Application of Federal laws ``The following Federal laws apply to a rent-to-own transaction, as follows: ``(1) Truth in lending act.--The Truth in Lending Act applies as it applies to consumer credit transactions other than consumer credit transactions under an open end credit plan. ``(2) Equal credit opportunity act.--The Equal Credit Opportunity Act applies as it applies to credit transactions. For purposes of this application-- ``(A) a consumer shall be treated as an applicant; and ``(B) a seller shall be treated as a creditor. ``(3) Fair debt collection practices act.--The Fair Debt Collection Practices Act applies to the collection of overdue payments arising from a rent-to-own transaction, unless the payments are collected by any person specified in subparagraphs (A) through (F) of section 803(6) of such Act. For purposes of this application, overdue payments shall be treated as debt. ``(4) Fair credit reporting act.--The Fair Credit Reporting Act applies as it applies to a credit transaction and to any extension or denial of credit. ``Sec. 1006. Disclosures on goods ``A seller shall include on each item in the place of business of the seller that is available for purchase pursuant to a rent-to-own transaction-- ``(1) the cash price of the item; ``(2) an itemization of services offered under a rent-to- own contract for the item, and the cash price of each service; ``(3) the annual percentage rate of the item under a rent- to-own contract, determined under section 107 of the Truth in Lending Act; ``(4) the weekly, biweekly, monthly, or other incremental payment applicable under the rent-to-own contract for the transaction and the number of payments; ``(5) the total of payments required to be paid to acquire ownership of the item under a rent-to-own contract for the transaction, determined under regulations under the Truth in Lending Act; and ``(6) specification of whether the item is new or used. ``Sec. 1007. Prohibitions; enforcement ``(a) Prohibitions.--A person who is a seller under a rent-to-own contract with a consumer shall not-- ``(1) threaten or invoke criminal prosecution of a consumer for any matter related to the contract, unless there is clear and convincing evidence that the goods that are the subject of the contract are being held by the consumer with an intent to defraud the seller; ``(2) use threats or coercion to collect or attempt to collect any amounts alleged to be due from the consumer; ``(3) engage in any conduct, the natural consequence of which is to oppress, harass, or abuse any person in connection with an attempt to collect amounts owed by the consumer under the contract; ``(4) unreasonably publicize information to third parties regarding amounts owed by the consumer; ``(5) make any fraudulent, deceptive, or misleading representation to obtain information about the consumer or to collect amounts owed by the consumer; ``(6) use any unconscionable means to collect or attempt to collect a debt owed to the seller; ``(7) engage in any act or practice that is unfair or deceptive in making, servicing, or collecting payment pursuant to a rent-to-own contract; ``(8) advertise, announce, solicit, or otherwise represent as free or available without charge (including by use of other words of similar meaning) any service under the contract for which the seller charges the consumer, including any service for which a charge is collected by inclusion in the amount required to be paid under the contract; ``(9) use, for purposes of complying with any State or Federal law governing rent-to-own transactions (other than a State or Federal tax law) any definition of the term `cash price' other than the definition under section 1003(2); or ``(10) attempt to evade the provisions of this title by any devise or subterfuge. ``(b) Enforcement.-- ``(1) In general.--Compliance with the requirements under this title shall be enforced by the Commission. All functions and powers of the Commission under the Federal Trade Commission Act shall be available to the Commission to enforce compliance with this title by any person, irrespective of whether the person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of a Commission trade regulation rule. ``(2) Treatment of violations.--For the purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement or prohibition under this title is deemed to be an unfair or deceptive act or practice in commerce in violation of that Act. ``Sec. 1008. Civil liability ``(a) Liability for Failure to Properly Disclose Terms.--A seller who fails to comply with a requirement under section 1006 shall be liable to the consumer in an amount equal to the sum of-- ``(1) actual damages sustained by the consumer as a result of the failure; ``(2) $500 for each failure; and ``(3) all costs of the action and reasonable attorney fees, as determined by the court. ``(b) Other Liability.--A seller who violates this title or fails to comply with any requirement imposed under this title, other than under section 1005, shall be liable to the consumer in an amount equal to the sum of-- ``(1) actual damages sustained by the consumer as a result of the violation; ``(2) $5,000 for each violation; and ``(3) all costs of the action and reasonable attorney fees, as determined by the court. ``(c) Jurisdiction; Limitation.-- ``(1) In general.--An action under this title may be brought in any United States district court or in any other court of competent jurisdiction, not later than 2 years after the date of the violation or failure that is the subject of the action. ``(2) Other actions.--The 2-year statute of limitations in paragraph (1) shall not prohibit any person from asserting a violation of this title as a defense in an action to collect amounts alleged to be due from such person, if such action is brought more than 2 years after the date of the occurrence of the violation. ``(d) Remedies.--Nothing in this title shall be construed to limit any remedy otherwise available under State or Federal law. ``Sec. 1009. Regulations ``Not later than 6 months after the date of enactment of this title, the Commission shall issue such regulations as may be necessary to implement this title. ``Sec. 1010. Relationship to other laws ``(a) State Law.--This title does not annul, alter, affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to rent-to-own transactions, except to the extent that such laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. ``(b) Consumer Lease Provisions of Truth in Lending Act.--Chapter 5 of the Truth in Lending Act, relating to consumer leases, shall not apply to a rent-to-own transaction to the extent application of that Act to the transaction is inconsistent with this title.''. SEC. 3. RECOMMENDATIONS TO CONGRESS. Not later than 2 years after the date of enactment of this Act, the Federal Trade Commission shall submit to the Congress any recommendations for further legislative or administrative action with respect to the regulation of rent-to-own transactions. SEC. 4. EFFECTIVE DATE. The provisions of this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. S 1566 IS----2", "summary": "Rent-To-Own Consumer Credit Protection Act of 1993 - Amends the Consumer Credit Protection Act to prohibit a seller in a rent-to-own transaction from taking, receiving, or assessing any interest, finance charge, or other fee for the transaction in excess of that which may be charged under State law which establishes in connection with a credit or retail installment sale for the same or a similar item: (1) a maximum rate or amount of interest, finance charge, or time-price differential that may be charged; (2) the types and maximum amount of fees that a seller may charge; or (3) the types of credit insurance and the maximum amount of premiums that can be charged for credit insurance. Sets forth requirements regarding: (1) termination, recovery, and other fees; (2) the effect of termination; and (3) guarantees and warranties. Makes the following Federal laws applicable to rent-to-own transactions: (1) the Truth in Lending Act; (2) the Equal Credit Opportunity Act; (3) the Fair Debt Collection Practices Act; and (4) the Fair Credit Reporting Act. Requires a seller to include the following information on each item in the seller's place of business that is available for purchase pursuant to a rent-to-own transaction: (1) the cash price; (2) an itemization of services offered and the price of each service; (3) the annual percentage rate; (4) any applicable periodic payment and the number of payments; (5) the total number of payments required to acquire ownership; and (6) whether the item is new or used. Requires a seller to provide such information to a consumer in writing at the time the parties enter into the contract. Prohibits a seller under a rent-to-own contract with a consumer from taking specified actions, such as using threats or coercion to collect amounts alleged due, or unreasonably disclosing information to third parties regarding amounts owed by the consumer. Makes compliance with the requirements of this Act enforceable by the Federal Trade Commission. Deems a violation of this Act to be an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Subjects sellers who violate the requirements of this Act to civil liability."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Domestic Product Promotion Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) In 2007, the United States trade deficit for goods reached $815 billion. (2) In March 2005, manufacturing employment in the United States fell to 14.3 million. This number is lower than it was in 1945, when the population of the United States was more than 50 percent less. (3) In 2006, United States manufacturing's share of the Gross Domestic Product was approximately half what it was in 1950. (4) The earnings of United States manufacturing workers exceed the earnings of workers in the service and other sectors. (5) Each United States manufacturing job creates as many as four related jobs. (6) The promotion of domestically produced goods is beneficial for United States workers and the United States economy. SEC. 3. DEFINITION. In this Act the term ``domestic product'' means a product-- (1) that is manufactured or produced in the United States; and (2) at least 65 percent of the cost of the articles, materials, or supplies of which are grown, mined, produced, or manufactured in the United States. SEC. 4. OFFICE OF DOMESTIC PRODUCT PROMOTION. (a) Establishment.--There is hereby established within the Department of Commerce an Office of Domestic Product Promotion (hereinafter referred to in this Act as the ``Office''). (b) Duties.--The Office shall-- (1) work with United States businesses to promote domestic products; (2) provide information and advice to United States businesses on benefits and incentives available to United States businesses for producing domestic products, including the award of Federal procurement contracts and Federal and State tax benefits; (3) establish a comprehensive database of businesses that use, sell, or would prefer to use or sell, domestic products, and make the information in such database available to the public, including on a website that a user can sort and search by the State, county, city, or congressional district of a business, as well as by product type; (4) develop, with input from private businesses, non-profit businesses, labor organizations, academic institutions, and other entities, tools and ideas on how to promote domestic products; and (5) coordinate with State governments to further the Office's performance of its duties. SEC. 5. COMPOSITION OF THE OFFICE. (a) National Director.-- (1) Selection.--The Office shall be headed by a National Director, who shall be appointed by the President, by and with the advice of the Senate. (2) Term.--The National Director shall serve a term of 5 years. A National Director whose term has expired may continue to serve until the date on which a successor takes office. (3) Compensation.--The National Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff.--The National Director shall appoint, terminate, and fix the compensation of such employees of the Office as the National Director considers necessary to carry out the functions of the Office, except that no rate of pay fixed under this subsection may exceed the equivalent of the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. SEC. 6. REGIONAL OFFICES. (a) In General.--The Office shall have six regional offices, each headed by a regional director, and one regional office shall be located within each of the following six regions: (1) Region 1, consisting of Ohio, Pennsylvania, Michigan, Indiana, Illinois, Kentucky, and West Virginia. (2) Region 2, consisting of the District of Columbia, Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, and Maryland. (3) Region 3, consisting of Virginia, North Carolina, South Carolina, Tennessee, Georgia, Florida, Alabama, Mississippi, Louisiana, and Arkansas. (4) Region 4, consisting of California, Oregon, Washington, Idaho, Montana, Wyoming, Alaska, and Hawaii. (5) Region 5, consisting of Iowa, Missouri, North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Minnesota, and Wisconsin. (6) Region 6, consisting of Texas, Nevada, New Mexico, Arizona, Utah, and Colorado. (b) Duties.--The regional offices shall-- (1) support the Office in performing the Office's duties; and (2) concentrate on issues affecting the promotion of domestic products produced in the region in which the regional office is located. (c) Regional Director and Staff.-- (1) Appointment.--The National Director shall appoint, terminate, and fix the compensation of each regional director, except that no rate of pay fixed under this paragraph may exceed the equivalent of the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Qualifications.--Each regional director shall have knowledge of the domestic products produced in the region in which the regional office is located and region-specific issues related to the promotion of the region's domestic products. (3) Regional office staff.--Each regional director shall, with the approval of the National Director, appoint, terminate, and fix the compensation of such additional employees of the regional office as the regional director considers necessary to carry out the functions of the regional office, except that no rate of pay fixed under this paragraph may exceed the equivalent of the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Regional Conventions.--Each regional office shall hold an annual convention to help connect United States businesses producing domestic products with consumers who want to work with domestic products, address domestic product production issues, and generate ideas on how to promote domestic products. SEC. 7. REPORTS TO THE PRESIDENT AND THE CONGRESS. The National Director and the Secretary of Commerce shall submit an annual report to the President and the Congress on the operation of the Office, including recommendations on strategies for promoting domestic products. SEC. 8. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated such sums as may be necessary to carry out this Act.", "summary": "Office of Domestic Product Promotion Act - Establishes within the Department of Commerce an Office of Domestic Product Promotion to: (1) work with U.S. businesses to promote domestic products; (2) provide information and advice to them on benefits and incentives available for producing domestic products, including the award of federal procurement contracts and federal and state tax benefits; (3) establish a comprehensive publicly available database of businesses that use, sell, or would prefer to use or sell, domestic products; (4) develop tools and ideas on how to promote domestic products; and (5) coordinate with state governments to further the Office's performance of its duties."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Cyberspace Coordination Act of 2015''. SEC. 2. NATIONAL OFFICE FOR CYBERSPACE. (a) Coordination of Federal Information Policy.--Subchapter II of chapter 35 of title 44, United States Code, is amended-- (1) in section 3552(b), by adding at the end the following new paragraphs: ``(8) The term `Director' means the Director of the National Office for Cyberspace. ``(9) The term `information infrastructure' means the underlying framework that information systems and assets rely on in processing, storing, or transmitting information electronically.''; (2) in section 3553-- (A) in subsection(a)-- (i) in paragraph (5), by striking ``; and'' and inserting a semicolon; (ii) in paragraph (6), by striking the period at the end and inserting a semicolon; and (iii) by inserting after paragraph (6) the following new paragraphs: ``(7) reviewing at least annually, and approving or disapproving, agency information security programs required under section 3554(b); ``(8) coordinating the defense of information infrastructure operated by agencies in the case of a large- scale attack on information infrastructure, as determined by the Director; ``(9) coordinating information security training for Federal employees with the Office of Personnel Management; ``(10) ensuring the adequacy of protections for privacy and civil liberties in carrying out the responsibilities of the Director under this subchapter; ``(11) making recommendations that the Director determines are necessary to ensure risk-based security of the Federal information infrastructure and information infrastructure that is owned, operated, controlled, or licensed for use by, or on behalf of, the Department of Defense, a military department, or another element of the intelligence community to-- ``(A) the Director of the Office of Management and Budget; ``(B) the head of an agency; or ``(C) to Congress with regard to the reprogramming of funds; ``(12) ensuring, in consultation with the Administrator of the Office of Information and Regulatory Affairs, that the efforts of agencies relating to the development of regulations, rules, requirements, or other actions applicable to the national information infrastructure are complementary; ``(13) when directed by the President, carrying out the responsibilities for national security and emergency preparedness communications described in section 706 of the Communications Act of 1934 (47 U.S.C. 606) to ensure integration and coordination; and ``(14) as assigned by the President, other duties relating to the security and resiliency of cyberspace.''; (3) by adding at the end of section 3554, the following new subsection: ``(f) Budget Assessment and Reporting.-- ``(1) Agency submission.--The head of each agency shall submit to the Director a budget each year for the following fiscal year relating to the protection of information infrastructure for such agency, by a date determined by the Director that is before July 1 of each year. Such budget shall include-- ``(A) a review of any threats to information technology for such agency; ``(B) a plan to secure the information infrastructure for such agency based on threats to information technology, using the National Institute of Standards and Technology guidelines and recommendations; ``(C) a review of compliance by such agency with any previous year plan described in subparagraph (B); and ``(D) a report on the development of the credentialing process to enable secure authentication of identity and authorization for access to the information infrastructure of such agency. ``(2) Assessment and certification.--The Director shall assess and certify the adequacy of each budget submitted under paragraph (1). ``(3) Agency recommendations.--Not later than July 1 of each year, the Director shall submit to the head of each agency budget recommendations, including requests for specific initiatives that are consistent with the priorities of the President relating to the protection of information infrastructure. Such budget recommendations shall-- ``(A) apply to the next budget year scheduled for formulation under chapter 11 of title 31, and each of the 4 subsequent fiscal years; and ``(B) address funding priorities developed in the National Office for Cyberspace. ``(4) Recommendations to the president.--The Director shall make recommendations to the President that the Director determines are appropriate regarding changes in the organization, management, and budget of each agency relating to the protection of information infrastructure in each such agency, and changes in the allocation of personnel to and within such agency, including monetary penalties or incentives necessary to encourage and maintain accountability of any agency, or senior agency official, for efforts to secure the information infrastructure of such agency.''; and (4) by adding at the end the following new section: ``Sec. 3559. National Office for Cyberspace ``(a) Establishment.--There is established within the Executive Office of the President an office to be known as the National Office for Cyberspace. ``(b) Director.-- ``(1) In general.--There shall be at the head of the National Office for Cyberspace a Director, who shall be appointed by the President by and with the advice and consent of the Senate. The Director of the National Office for Cyberspace shall administer all functions designated to such Director under section 3553 and collaborate to the extent practicable with the heads of appropriate agencies, the private sector, and international partners. The Office shall serve as the principal office for coordinating issues relating to cyberspace, including achieving an assured, reliable, secure, and survivable information infrastructure and related capabilities for the Federal Government, while promoting national economic interests, security, and civil liberties. ``(2) Basic pay.--The Director of the National Office for Cyberspace shall be paid at the rate of basic pay for level III of the Executive Schedule. ``(c) Staff.--The Director of the National Office for Cyberspace may appoint and fix the pay of additional personnel as the Director considers appropriate. ``(d) Experts and Consultants.--The Director of the National Office for Cyberspace may procure temporary and intermittent services under section 3109(b) of title 5.''. (b) Technical and Conforming Amendments.--The table of sections for subchapter II of chapter 35 of title 44, United States Code, is amended by adding at the end the following: ``3559. National Office for Cyberspace.''. (c) National Strategy Required.--Not later than one year after the date of the enactment of this Act, the Director of the National Office for Cyberspace shall establish a national strategy for improving agency information security. (d) Effective Date.--This section, and the amendments made by this section, shall take effect 180 days after the date of the enactment of this Act.", "summary": "Executive Cyberspace Coordination Act of 2015 This bill establishes the National Office for Cyberspace within the Executive Office of the President, to be headed by a Director. The Office shall serve as the principal office for coordinating issues relating to cyberspace, including achieving an assured, reliable, secure, and survivable information infrastructure while promoting national economic interests, security, and civil liberties. The bill defines \"information infrastructure\" as the underlying framework that information systems and assets rely on to process, store, or transmit information electronically. The bill assigns new duties to the Director, including: (1) reviewing at least annually, and approving or disapproving, agency information security programs; (2) coordinating information security training for federal employees with the Office of Personnel Management; and (3) ensuring the adequacy of protections for privacy and civil liberties. The head of each agency must submit to the Director an annual budget relating to the protection of information infrastructure for the agency, which shall include a review of any threats to information technology for such agency and a plan to secure the information infrastructure for such agency based on threats to information technology."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Paul Wellstone Mental Health Equitable Treatment Act of 2005''. SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a) is amended to read as follows: ``SEC. 712. MENTAL HEALTH PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and mental health benefits, such plan or coverage shall not impose any treatment limitations or financial requirements with respect to the coverage of benefits for mental illnesses unless comparable treatment limitations or financial requirements are imposed on medical and surgical benefits. ``(b) Construction.-- ``(1) In general.--Nothing in this section shall be construed as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide any mental health benefits. ``(2) Medical management of mental health benefits.-- Consistent with subsection (a), nothing in this section shall be construed to prevent the medical management of mental health benefits, including through concurrent and retrospective utilization review and utilization management practices, preauthorization, and the application of medical necessity and appropriateness criteria applicable to behavioral health and the contracting and use of a network of participating providers. ``(3) No requirement of specific services.--Nothing in this section shall be construed as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide coverage for specific mental health services, except to the extent that the failure to cover such services would result in a disparity between the coverage of mental health and medical and surgical benefits. ``(c) Small Employer Exemption.-- ``(1) In general.--This section shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) for any plan year of any employer who employed an average of at least 2 but not more than 50 employees on business days during the preceding calendar year. ``(2) Application of certain rules in determination of employer size.--For purposes of this subsection-- ``(A) Application of aggregation rule for employers.--Rules similar to the rules under subsections (b), (c), (m), and (o) of section 414 of the Internal Revenue Code of 1986 shall apply for purposes of treating persons as a single employer. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(C) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. ``(d) Separate Application to Each Option Offered.--In the case of a group health plan that offers a participant or beneficiary two or more benefit package options under the plan, the requirements of this section shall be applied separately with respect to each such option. ``(e) In-Network and Out-of-Network Rules.--In the case of a plan or coverage option that provides in-network mental health benefits, out-of-network mental health benefits may be provided using treatment limitations or financial requirements that are not comparable to the limitations and requirements applied to medical and surgical benefits if the plan or coverage provides such in-network mental health benefits in accordance with subsection (a) and provides reasonable access to in- network providers and facilities. ``(f) Definitions.--For purposes of this section-- ``(1) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant or beneficiary with respect to benefits under the plan or health insurance coverage and shall include the application of annual and lifetime limits. ``(2) Medical or surgical benefits.--The term `medical or surgical benefits' means benefits with respect to medical or surgical services, as defined under the terms of the plan or coverage (as the case may be), but does not include mental health benefits. ``(3) Mental health benefits.--The term `mental health benefits' means benefits with respect to services, as defined under the terms and conditions of the plan or coverage (as the case may be), for all categories of mental health conditions listed in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM IV-TR), or the most recent edition if different than the Fourth Edition, if such services are included as part of an authorized treatment plan that is in accordance with standard protocols and such services meet the plan or issuer's medical necessity criteria. ``(4) Treatment limitations.--The term `treatment limitations' means limitations on the frequency of treatment, number of visits or days of coverage, or other similar limits on the duration or scope of treatment under the plan or coverage.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act is amended by striking the item relating to section 712 and inserting the following new item: ``Sec. 712. Mental health parity.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2006. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP MARKET. (a) In General.--Section 2705 of the Public Health Service Act (42 U.S.C. 300gg-5) is amended to read as follows: ``SEC. 2705. MENTAL HEALTH PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and mental health benefits, such plan or coverage shall not impose any treatment limitations or financial requirements with respect to the coverage of benefits for mental illnesses unless comparable treatment limitations or financial requirements are imposed on medical and surgical benefits. ``(b) Construction.-- ``(1) In general.--Nothing in this section shall be construed as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide any mental health benefits. ``(2) Medical management of mental health benefits.-- Consistent with subsection (a), nothing in this section shall be construed to prevent the medical management of mental health benefits, including through concurrent and retrospective utilization review and utilization management practices, preauthorization, and the application of medical necessity and appropriateness criteria applicable to behavioral health and the contracting and use of a network of participating providers. ``(3) No requirement of specific services.--Nothing in this section shall be construed as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide coverage for specific mental health services, except to the extent that the failure to cover such services would result in a disparity between the coverage of mental health and medical and surgical benefits. ``(c) Small Employer Exemption.-- ``(1) In general.--This section shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) for any plan year of any employer who employed an average of at least 2 but not more than 50 employees on business days during the preceding calendar year. ``(2) Application of certain rules in determination of employer size.--For purposes of this subsection-- ``(A) Application of aggregation rule for employers.--Rules similar to the rules under subsections (b), (c), (m), and (o) of section 414 of the Internal Revenue Code of 1986 shall apply for purposes of treating persons as a single employer. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(C) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. ``(d) Separate Application to Each Option Offered.--In the case of a group health plan that offers a participant or beneficiary two or more benefit package options under the plan, the requirements of this section shall be applied separately with respect to each such option. ``(e) In-Network and Out-of-Network Rules.--In the case of a plan or coverage option that provides in-network mental health benefits, out-of-network mental health benefits may be provided using treatment limitations or financial requirements that are not comparable to the limitations and requirements applied to medical and surgical benefits if the plan or coverage provides such in-network mental health benefits in accordance with subsection (a) and provides reasonable access to in- network providers and facilities. ``(f) Definitions.--For purposes of this section-- ``(1) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant, beneficiary or enrollee with respect to benefits under the plan or health insurance coverage and shall include the application of annual and lifetime limits. ``(2) Medical or surgical benefits.--The term `medical or surgical benefits' means benefits with respect to medical or surgical services, as defined under the terms of the plan or coverage (as the case may be), but does not include mental health benefits. ``(3) Mental health benefits.--The term `mental health benefits' means benefits with respect to services, as defined under the terms and conditions of the plan or coverage (as the case may be), for all categories of mental health conditions listed in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM IV-TR), or the most recent edition if different than the Fourth Edition, if such services are included as part of an authorized treatment plan that is in accordance with standard protocols and such services meet the plan or issuer's medical necessity criteria. ``(4) Treatment limitations.--The term `treatment limitations' means limitations on the frequency of treatment, number of visits or days of coverage, or other similar limits on the duration or scope of treatment under the plan or coverage.''. (b) Effective Date.--The amendment made by this section shall apply with respect to plan years beginning on or after January 1, 2006. SEC. 4. PREEMPTION. Nothing in the amendments made by this Act shall be construed to preempt any provision of State law, with respect to health insurance coverage offered by a health insurance issuer in connection with a group health plan, that provides protections to enrollees that are greater than the protections provided under such amendments. Nothing in the amendments made by this Act shall be construed to affect or modify section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. (a) Study.--The Comptroller General shall conduct a study that evaluates the effect of the implementation of the amendments made by this Act on the cost of health insurance coverage, access to health insurance coverage (including the availability of in-network providers), the quality of health care, and other issues as determined appropriate by the Comptroller General. Such study also shall include an estimation of the costs of extending the provisions of such amendments to treatment of substance abuse and chemical dependency. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall prepare and submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a).", "summary": "Paul Wellstone Mental Health Equitable Treatment Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to prohibit a group health plan or group health coverage that provides both medical and surgical benefits and mental health benefits from imposing treatment limitations or financial requirements on the mental health benefits unless comparable limitations or requirements are imposed on medical and surgical benefits. Excludes such requirements for plans and coverage for small employers. Allows a plan or coverage that provides in-network mental health benefits to provide out-of-network mental health benefits using treatment limitations or financial requirements that are not comparable to those applied to medical-surgical benefits if the in-network mental health benefits are provided at parity with medical-surgical benefits and with reasonable access. Requires the Government Accountability Office (GAO) to: (1) study the effects of this Act on health insurance costs and access and quality of health care; and (2) provide a cost estimation of extending such requirements to the treatment of substance abuse and chemical dependency."}
{"article": "SECTION 1. PURPOSE. The purpose of this Act is to establish the Trade Agreement Enforcement Commission to oversee the enforcement of worker rights provisions in trade agreements to which the United States is a party and in trade preference programs. SEC. 2. ESTABLISHMENT. (a) In General.--There is established the Trade Agreement Enforcement Commission (in this Act referred to as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall be composed of 15 members, who shall be appointed as follows from among persons in private life who have expertise in matters involving worker rights: (A) Four members shall be appointed by the Speaker of the House of Representatives, after consulting with the chairman of the Committee on Education and Labor and the chairman of the Committee on Ways and Means. (B) Three members shall be appointed by the minority leader of the House of Representatives, after consulting with the ranking member of the Committee on Education and Labor and the ranking member of the Committee on Ways and Means. (C) Four members shall be appointed by the majority leader of the Senate, after consulting with the chairman of the Committee on Health, Education, Labor, and Pensions and the chairman of the Committee on Finance. (D) Three members shall be appointed by the minority leader of the Senate, after consulting with the ranking member of the Committee on Health, Education, Labor, and Pensions and the ranking member of the Committee on Finance. (E) One member shall be appointed by the President. (2) Staggered terms.--(A) Each appointing authority referred to under subparagraphs (A) and (C) of paragraph (1) shall make the initial appointments on a staggered term basis, such that-- (i) 1 appointment shall be for a term expiring on December 31, 2009; (ii) 1 appointment shall be for a term expiring on December 31, 2010; and (iii) 2 appointments shall be for a term expiring on December 31, 2011. (B) Each appointing authority referred to under subparagraphs (B) and (D) of paragraph (1) shall make the initial appointments on a staggered term basis, such that-- (i) 1 appointment shall be for a term expiring on December 31, 2009; (ii) 1 appointment shall be for a term expiring on December 31, 2010; and (iii) 1 appointment shall be for a term expiring on December 31, 2011. (C) The President shall make the initial appointment under subparagraph (E) of paragraph (1) for a term expiring on December 31, 2010. (D) Each appointing authority under paragraph (1) shall make all subsequent appointments on an approximate 2-year term basis to expire on December 31 of the applicable year. (E) Each appointing authority under paragraph (1) shall make appointments not later than January 31 of the year in which the term of the member of the Commission is to begin. (3) Reappointment.--Members of the Commission may be reappointed for additional terms of service as members of the Commission. (4) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (c) Chairperson and Vice Chairperson.--The members of the Commission shall select a Chairperson and Vice Chairperson of the Commission from among the members of the Commission. (d) Meetings.-- (1) Meetings.--The first meeting of the Commission shall be held not later than 90 days after the initial appointments are made under subsection (b). Thereafter, the Commission shall meet at the call of the Chairperson of the Commission. (2) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business of the Commission. (e) Voting.--Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission. SEC. 3. DUTIES. (a) In General.--The Commission shall monitor, investigate, and report to Congress and the President on the enforcement by each trading partner of the United States of worker rights in the territory of the trading partner. (b) Specific Matters.--In carrying out subsection (a), the Commission shall do the following: (1) Monitor enforcement of worker rights in the territory of each trading partner of the United States. (2) Review enforcement activities, including complaints, claims, and petitions reviewed, of the United States Trade Representative, and the Office of Trade and Labor Affairs in the Bureau of International Affairs of the Department of Labor, with respect to violations of worker rights in the territory of trading partners of the United States. (3) With respect to trading partners of the United States that are violating worker rights, make recommendations that the Commission considers appropriate to the President, including-- (A) invoking dispute settlement procedures under the applicable trade agreement with a trading partner of the United States that is failing to enforce worker rights in the territory of that trading partner; (B) withdrawing trade preferences from a trading partner under the applicable trade agreement with the trading partner, or under the applicable trade preference program, as the case may be; (C) establishing an ombudsman in the territory of a trading partner that has engaged in a pattern of violations of worker rights or that has engaged in serious violations of worker rights, for the purpose of monitoring and investigating worker rights in those countries; or (D) taking such other actions as the Commission considers appropriate. (c) Annual Report.--Not later than June 1 of each year (beginning in 2009), the Commission shall submit to the Congress and the President a report on the enforcement by the trading partners of the United States of worker rights within the territories of such trading partners, including the recommendations for action, if any, under subsection (b)(3). If possible, the report shall include an analysis of the impact of any violations of workers rights in the territory of a trading partner on the economy of the United States and, in particular, on employment in the United States. (d) Report by the President.--The President shall report to the Congress, not later than 6 months after each report of the Commission is submitted under subsection (c), on the actions taken by the executive branch with respect to all issues addressed in the Commission's report, including whether, or the extent to which, the President has implemented any recommendations of the Commission with respect to the enforcement of worker rights. SEC. 4. POWERS. (a) Hearings.--The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out the provisions of this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable. (b) Information.--The Commission may request from any Federal department or agency information that the Commission considers necessary to enable the Commission to carry out its duties under this Act. Upon the request of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (6) Foreign travel for official purposes.--Foreign travel for official purposes by members and staff of the Commission may be authorized by either the Chairperson or the Vice Chairperson of the Commission. (7) Applicability of certain pay authorities.--An individual who is a member of the Commission and is an annuitant or otherwise covered by section 8344 or 8468 of title 5, United States Code, by reason of membership on the Commission is not subject to the provisions of section 8344 or 8468 (whichever is applicable) with respect to such membership. (e) Support Services.--The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (f) Federal Advisory Committee Act.--The provisions of the Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C. App.) shall apply to the activities of the Commission. SEC. 5. DEFINITIONS. In this Act: (1) Worker rights.--The term ``worker rights'' means, with respect to a trading partner-- (A) those provisions of the trade agreement between the United States and the trading partner that relate to worker rights in the territory of the trading partner, or (B) those provisions of law establishing the applicable trade preference program relating to worker rights in the territory of the trading partner, as the case may be. (2) Trade preference program.--The term ``trade preference program'' means a program established under the laws of the United States that provides trade preferences to countries that meet eligibility requirements set forth in the applicable law, including title V of the Trade Act of 1974, the Carribean Basin Economic Recovery Act, the African Growth and Opportunity Act, and the Andean Trade Preference Act. (3) Trading partner of the united states.--The term ``trading partner of the United States'' means-- (A) any country with which the United States has in effect a trade agreement providing for the reduction of tariff and nontariff barriers between the two countries; and (B) any country that is a beneficiary country under a trade preference program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission for fiscal year 2009 and each fiscal year thereafter such sums as may be necessary to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the first day of the 111th Congress.", "summary": "Establishes the Trade Agreement Enforcement Commission to oversee enforcement of worker rights provisions in: (1) trade agreements between the United States and other countries; and (2) trade preference programs."}
{"article": "SECTION 1. GRATUITOUS TRANSFERS FOR THE BENEFIT OF EMPLOYEES. (a) In General.--Subparagraph (C) of section 664(d)(1) of the Internal Revenue Code of 1986 and subparagraph (C) of section 664(d)(2) of such Code are each amended by striking the period at the end thereof and inserting ``or, to the extent the remainder interest is in qualified employer securities (as defined in paragraph (3)(C)), is to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by paragraph (3)).'' (b) Qualified Gratuitous Transfer Defined.--Subsection (d) of section 664 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Qualified gratuitous transfer of qualified employer securities.-- ``(A) In general.--For purposes of this section, the term `qualified gratuitous transfer' means a transfer of qualified employer securities to an employee stock ownership plan (as defined in section 4975(e)(7)) but only to the extent that-- ``(i) the securities transferred previously passed from a decedent to a trust described in paragraph (1) or (2); ``(ii) no deduction under section 404 is allowable with respect to such transfer; ``(iii) such plan provides that the securities so transferred are allocated to plan participants in a manner consistent with section 401(a)(4); ``(iv) such plan treats such securities as being attributable to employer contributions but without regard to the limitations otherwise applicable to such contributions under section 404; ``(v) such plan provides that such securities are held in a suspense account under the plan to be allocated each year, up to the limitations under section 415(c), after first allocating all other annual additions for the limitation year, up to the limitations under sections 415 (c) and (e); and ``(vi) the employer whose employees are covered by the plan described in this subparagraph files with the Secretary a verified written statement consenting to the application of sections 4978 and 4979A with respect to such employer. ``(B) Qualified employer securities.--For purposes of this section, the term `qualified employer securities' means employer securities (as defined in section 409(l)) which are issued by a domestic corporation which has no outstanding stock which is readily tradable on an established securities market. ``(C) Treatment of securities allocated by employee stock ownership plan to persons related to decedent or 5-percent shareholders.-- ``(i) In general.--If any portion of the assets of the plan attributable to securities acquired by the plan in a qualified gratuitous transfer are allocated to the account of-- ``(I) any person who is related to the decedent (within the meaning of section 267(b)), or ``(II) any person who, at the time of such allocation or at any time during the 1-year period ending on the date of the acquisition of qualified employer securities by the plan, is a 5-percent shareholder of the employer maintaining the plan, the plan shall be treated as having distributed (at the time of such allocation) to such person or shareholder the amount so allocated. ``(ii) 5-percent shareholder.--For purposes of clause (i), the term `5-percent shareholder' means any person who owns (directly or through the application of section 318(a)) more than 5 percent of-- ``(I) any class of outstanding stock of the corporation which issued such qualified employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of section 409(l)(4)) as such corporation, or ``(II) the total value of any class of outstanding stock of any such corporation; and For purposes of the preceding sentence, section 318(a) shall be applied without regard to the exception in paragraph (2)(B)(i) thereof. ``(iii) Cross reference.-- ``For excise tax on allocations described in clause (i), see section 4979A.'' (c) Conforming Amendments.-- (1) Section 401(a)(1) of such Code is amended by inserting ``or by a charitable remainder trust pursuant to a qualified gratuitous transfer (as defined in section 664(d)(3)(A)),'' after ``stock bonus plans),''. (2) Section 404(a)(9) of such Code is amended by inserting after subparagraph (B) the following new subparagraph: ``(C) A qualified gratuitous transfer (as defined in section 664(d)(3)(A)) shall have no effect on the amount or amounts otherwise deductible under paragraph (3) or (7) or under this paragraph.'' (3) Section 415(c)(6) of such Code is amended by adding at the end thereof the following new sentence: ``The amount of any qualified gratuitous transfer (as defined in section 664(d)(3)(A)) allocated to a participant for any limitation year shall not exceed the limitations imposed by this section, but such amount shall not be taken into account in determining whether any other amount exceeds the limitations imposed by this section.'' (4) Section 415(e) of such Code is amended-- (A) by redesignating paragraph (6) as paragraph (7), and (B) by inserting after paragraph (5) the following new paragraph: ``(6) Special rule for qualified gratuitous transfers.--Any qualified gratuitous transfer of qualified employer securities (as defined by section 664(d)(3)) shall not be taken into account in calculating, and shall not be subject to, the limitations provided in this subsection.'' (5) Paragraph (3) of section 644(e) of such Code is amended to read as follows: ``(3) acquired by a charitable remainder annuity trust (as defined in section 664(d)(1)) or a charitable remainder unitrust (as defined in sections 664(d) (2) and (4)), or''. (6) Subparagraph (B) of section 664(d)(1) of such Code and subparagraph (B) of section 664(d)(2) of such Code are each amended by inserting ``and other than qualified gratuitous transfers described in subparagraph (C)'' after ``subparagraph (A)''. (7) Paragraph (4) of section 674(b) of such Code is amended by inserting before the period ``or to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined in section 664(d)(3))''. (8)(A) Section 2055(a) of such Code is amended-- (i) by striking ``or'' at the end of paragraph (3), (ii) by striking the period at the end of paragraph (4) and inserting ``; or'', and (iii) by inserting after paragraph (4) the following new paragraph: ``(5) to an employee stock ownership plan if such transfer qualifies as a qualified gratuitous transfer of qualified employer securities within the meaning of section 664(d)(3).'' (B) Clause (ii) of section 2055(e)(3)(C) of such Code is amended by striking ``section 664(d)(3)'' and inserting ``section 664(d)(4)''. (9) Paragraph (8) of section 2056(b) of such Code is amended to read as follows: ``(8) Special rule for charitable remainder trusts.-- ``(A) In general.--If the surviving spouse of the decedent is the only beneficiary of a qualified charitable remainder trust who is not a charitable beneficiary nor an ESOP beneficiary, paragraph (1) shall not apply to any interest in such trust which passes or has passed from the decedent to such surviving spouse. ``(B) Definitions.--For purposes of subparagraph (A)-- ``(i) Charitable beneficiary.--The term `charitable beneficiary' means any beneficiary which is an organization described in section 170(c). ``(ii) Esop beneficiary.--The term `ESOP beneficiary' means any beneficiary which is an employee stock ownership plan (as defined in section 4975(e)(7)) that holds a remainder interest in qualified employer securities (as defined in section 664(d)(3)) to be transferred to such plan in a qualified gratuitous transfer (as defined in section 664(d)(3)). ``(iii) Qualified charitable remainder trust.--The term `qualified charitable remainder trust' means a charitable remainder annuity trust or a charitable remainder unitrust (described in section 664).'' (10) Section 4947(b) of such Code is amended by inserting after paragraph (3) the following new paragraph: ``(4) Section 507.--The provisions of section 507(a) shall not apply to a trust which is described in subsection (a)(2) by reason of a distribution of qualified employer securities (as defined in section 664(d)(3)) to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by section 664(d)(3)).'' (11) The last sentence of section 4975(e)(7) of such Code is amended by inserting ``and section 664(d)(3)'' after ``section 409(n)'' (12) Subsection (a) of section 4978 of such Code is amended by inserting ``or acquired any qualified employer securities in a qualified gratuitous transfer to which section 664(d)(3) applied'' after ``section 1042 applied''. (13) Paragraph (2) of section 4978(b) of such Code is amended-- (A) by inserting ``or acquired in the qualified gratuitous transfer to which section 664(d)(3) applied'' after ``section 1042 applied'', and (B) by inserting ``or to which section 664(d)(3) applied'' after ``section 1042 applied'' in subparagraph (C) thereof. (14) Subsection (c) of section 4978 of such Code is amended by striking ``written statement'' and all that follows and inserting ``written statement described in section 664(d)(3)(A)(vi) or in section 1042(b)(3) (as the case may be).'' (15) Paragraph (2) of section 4978(e) of such Code is amended by striking the period and inserting ``; except that such section shall be applied without regard to subparagraph (B) thereof for purposes of applying this section and section 4979A with respect to securities acquired in a qualified gratuitous transfer (as defined in section 664(d)(3)(A)).'' (16) Subsection (a) of section 4979A of such Code is amended to read as follows: ``(a) Imposition of Tax.--If-- ``(1) there is a prohibited allocation of qualified securities by any employee stock ownership plan or eligible worker-owned cooperative, or ``(2) there is an allocation described in section 663(d)(3)(C)(i), there is hereby imposed a tax on such allocation equal to 50 percent of the amount involved.'' (17) Subsection (c) of section 4979A of such Code is amended to read as follows: ``(c) Liability for Tax.--The tax imposed by this section shall be paid by-- ``(1) the employer sponsoring such plan, or ``(2) the eligible worker-owned cooperative, which made the written statement described in section 664(d)(3)(A)(vi) or in section 1042(b)(3)(B) (as the case may be).'' (18) Section 4979A of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Special Statute of Limitations for Tax Attributable to Certain Allocations.--The statutory period for the assessment of any tax imposed by this section on an allocation described in subsection (a)(2) of qualified employer securities shall not expire before the date which is 3 years from the later of-- ``(1) the 1st allocation of such securities in connection with a qualified gratuitous transfer (as defined in section 664(d)(3)(A)), or ``(2) the date on which the Secretary is notified of the allocation described in subsection (a)(2).'' (d) Effective Date.--The amendments made by this section shall apply to transfers made by trusts to, or for the use of, an employee stock ownership plan after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code regarding estates and trusts to provide rules for the gratuitous transfer of qualified employer securities to an employee stock ownership plan from charitable remainder trusts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Fairness Act of 1996''. SEC. 2. DEFINITIONS. As used in this Act: (1) Family member.--The term ``family member'' means, with respect to an individual, another individual related by blood to that individual or a spouse or adopted child of the individual. (2) Genetic information.--The term ``genetic information'' means the information about genes, gene products or inherited characteristics that may be derived from an individual or a family member. (3) Genetic services.--The term ``genetic services'' means health services provided to obtain, assess, and interpret genetic information for diagnostic and therapeutic purposes, and for genetic education and counseling. (4) Genetic test.--The term ``genetic test'' means a procedure that is generally accepted in the scientific and medical communities and that is performed for the purposes of identifying the presence, absence, or alternation of any gene or chromosome. (5) Health plan.--The term ``health plan'' means-- (A) a group health plan (as such term is defined in section 607 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167)), and a multiple employer welfare arrangement (as defined in section 3(40) of such Act) that provides health insurance coverage; or (B) any contractual arrangement for the provision of a payment for health care, including any health insurance arrangement or any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract. (6) Insurer.--The term ``insurer'' means-- (A) an insurance company, health care service contractor, fraternal benefit organization, insurance agent, third party administrator, insurance support organization or other person subject to regulation under State health insurance laws; (B) a managed care organization; or (C) an employee welfare benefit plan regulated under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. PROHIBITIONS. (a) Genetic Information.--An insurer offering a health plan may not-- (1) terminate, restrict, limit, or otherwise apply conditions to coverage of an individual or family member under the plan, or restrict the sale of the plan to an individual or family member; (2) cancel or refuse to renew the coverage of an individual or family member under the plan; (3) deny coverage or exclude an individual or family member from coverage under the plan; (4) impose a rider that excludes coverage for certain benefits and services under the plan; (5) establish differentials in premium rates or cost sharing for coverage under the plan; or (6) otherwise discriminate against an individual or family member in the provision of health care; on the basis of any genetic information concerning an individual or family member or on the basis of an individual's or family member's request for or receipt of genetic services. (b) Genetic Tests.--An insurer offering a health plan may not require an applicant for coverage under the plan, or an individual or family member who is presently covered under the plan, to be the subject of a genetic test or to be subjected to questions relating to genetic information. (c) Notice of Rights.--An insurer offering a health plan shall, in the enrollment information provided by the insurer concerning such plan, provide an enrollee with a written statement disclosing the rights of the enrollee under this Act. Such statement shall be in a form and manner that is noticeable to and understandable by an average enrollee. (d) Enforcement.-- (1) Plans other than employee welfare benefit plans.--The requirements established under subsections (a), (b), and (c) shall be enforced by the State insurance commissioner for the State involved or the official or officials designated by the State, except that in no case shall a State enforce such requirements as they relate to employee welfare benefit plans. (2) Employee welfare benefit plans.--With respect to employee welfare benefit plans, the Secretary shall enforce the requirements established under subsections (a), (b), and (c) in the same manner as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). (3) Private right of action.--A person may, after that person has exhausted all available administrative remedies, bring a civil action-- (A) to enjoin any act or practice which violates subsection (a), (b), or (c); (B) to obtain other appropriate equitable relief-- (i) to redress such violations; or (ii) to require the Secretary of Health and Human Services to enforce any such subsections, or (C) to obtain other legal relief, including monetary damages. (4) Jurisdiction.--State courts of competent jurisdiction and district courts of the United States have concurrent jurisdiction of actions under this subsection. The district courts of the United States shall have jurisdiction, without respect to the amount in controversy or the citizenship of the parties, to grant the relief provided for in paragraph (3) in any action. (5) Venue.--For purposes of this subsection the venue provisions of section 1391 of title 28, United States Code, shall apply. (6) Regulations.--The Secretary may promulgate such regulations as may be necessary or appropriate to carry out this section. SEC. 4. EFFECTIVE DATE. This Act shall apply to any health plan offered or renewed on or after the end of the 90-day period beginning on the date of the enactment of this Act.", "summary": "Genetic Fairness Act of 1996 - Prohibits an insurer offering a health plan from: (1) discriminating against an individual or family member on the basis of genetic information or on the basis of an individual's or family member's request for or receipt of genetic services; or (2) requiring a genetic test or questions relating to genetic information. Requires insurers to disclose enrollee rights. Provides for enforcement by State insurance commissioners, the Secretary of Health and Human Services, and private actions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Houthis and Iran Sanctions Accountability Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) On April 2015, the United Nations Security Council adopted United Nations Security Council Resolution 2216 by 14 affirmative votes to none against, with one abstention (by the Russian Federation), imposing sanctions on individuals undermining the stability of Yemen, and demanded that the Houthis withdraw from all areas seized during the latest conflict, relinquish arms seized from military and security institutions, cease all actions falling exclusively within the authority of the legitimate Government of Yemen, and fully implement previous Security Council resolutions. (2) On May 16, 2012, the Obama administration issued Executive Order 13611 (50 U.S.C. 1701 note; relating to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen), imposing sanctions on persons that ``have engaged in acts that directly or indirectly threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of November 23, 2011, between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, or that obstruct the political process in Yemen''. (3) On November 10, 2014, the Obama administration designated the leadership of the Iranian-supported Houthi insurgent group, and their ally former Yemeni President Ali Abdullah Saleh, for imposition of sanctions under Executive Order 13611. (4) Iran's Revolutionary Guard Corps has transferred increasingly sophisticated weapons systems to the Houthis, who have in turn shot missiles into Saudi Arabia from positions in northern Yemen, including a missile in November 2017 that targeted Riyadh International Airport. In response, Ambassador Nikki Haley called on ``the United Nations and international partners to take necessary action to hold the Iranian regime accountable for these violations''. (5) In addition to weapons, Iran is reportedly providing Afghan and Shi'ite Arab specialists, including Hizballah, to train Houthi units and act as logistical advisers. (6) The Iranian-supported Houthis have attacked coalition or coalition-affiliated maritime targets multiple times, a United States Navy ship twice, and other shipping, forcing the United States to respond with a combination of diplomacy and calibrated military strikes against three radar facilities in Houthi-controlled territory. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to condemn Iranian activities in Yemen in violation of United Nations Security Council Resolution 2216 (2015), and call on all responsible countries to take appropriate and necessary measures against the Government of Iran, including the interdiction of Iranian weapons to the Houthis, and the bilateral and multilateral application of sanctions against Iran for its violations of United Nations Security Council Resolution 2216. SEC. 4. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO YEMEN. (a) In General.--United States sanctions with respect to Yemen provided for in Executive Order 13611 (50 U.S.C. 1701 note; relating to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen), as in effect on the day before the date of the enactment of this Act, shall remain in effect. (b) Rule of Construction.--Nothing in this section shall be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). SEC. 5. DETERMINATIONS WITH RESPECT TO CERTAIN IRANIAN PERSONS. (a) Determinations.-- (1) In general.--The President shall, not later than 45 days after the date of the enactment of this Act, determine whether the Iranian persons listed in paragraph (2) are responsible for engaging in activities described in section 1 of Executive Order 13611 (50 U.S.C. 1701 note; relating to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen). (2) Iranian persons listed.--The Iranian persons listed in this paragraph are the following: (A) Members of the Supreme National Security Council. (B) The Minister of Intelligence and Security. (C) The Commander of the Iran's Revolutionary Guard Corps. (D) The Commander of the Iran's Revolutionary Guard Corps, Qods Force. (E) The Minister of Defense. (F) Minister of Foreign Affairs. (G) Any other Iranian person that the President determines is appropriate. (3) Report.-- (A) In general.--The President shall submit to the appropriate congressional committees a report that contains-- (i) the determinations made under paragraph (1) together with the reasons for those determinations; and (ii) an identification of the Iranian persons that the President determines are responsible for engaging in activities described in section 1(c) of Executive Order 13611. (B) Form.--A report submitted under subparagraph (A) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of Sanctions.--The President shall impose the sanctions described in section 1 of Executive Order 13611 with respect to each Iranian person identified in the report submitted to the appropriate congressional committees under subsection (a)(3). (c) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Entity.--The term ``entity''-- (A) means a partnership, association, corporation, or other organization, group, or subgroup; and (B) includes a governmental entity. SEC. 6. SANCTIONS WITH RESPECT TO CERTAIN FOREIGN PERSONS. (a) In General.--Beginning on and after the date that is 120 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (c) on a person described in subsection (b). (b) Persons Described.--A person described in this subsection is a foreign person that the President determines knowingly provides significant financial, material, or technological support for-- (1) Ansar Allah in Yemen; (2) a person designated pursuant to an applicable Executive order; (3) a person that the President determines is in violation of an applicable United Nations Security Council resolution; (4) an Iranian person identified in the report submitted to the appropriate congressional committees under section 5(a)(3); or (5) a foreign person owned or controlled by a foreign person described in paragraphs (1) through (4). (c) Imposition of Sanctions.--The sanctions to be imposed on a person described in subsection (b) are the following: (1) In general.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Aliens ineligible for visas, admission, or parole.-- (A) In general.--An alien who the Secretary of State or the Secretary of Homeland Security determines is a foreign person described in subsection (b) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--Any visa or other documentation issued to an alien who is a foreign person described in subsection (b), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States. (ii) Effect of revocation.--A revocation under clause (i)-- (I) shall take effect immediately; and (II) shall automatically cancel any other valid visa or documentation that is in the possession of the alien who is the subject of such revocation. (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (2) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (4) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under subsection (f) to carry out paragraph (1) of this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. (d) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this Act. (e) Regulatory Authority.--The President shall, not later than 120 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this Act. (f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Applicable executive order.--The term ``applicable Executive order'' means-- (A) Executive Order 13611 (50 U.S.C. 1701 note; relating to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen); or (B) any Executive order adopted on or after the date of the enactment of this Act, to the extent that such Executive order authorizes the imposition of sanctions on persons for conduct with respect to Yemen. (3) Applicable united nations security council resolution.--The term ``applicable United Nations Security Council resolution'' means-- (A) United Nations Security Council Resolution 2216; or (B) any United Nations Security Council resolution adopted on or after the date of the enactment of this Act that authorizes the imposition of sanctions on persons for conduct with respect to Yemen. (4) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. (5) Entity.--The term ``entity''-- (A) means a partnership, association, corporation, or other organization, group, or subgroup; and (B) includes a governmental entity. (6) Foreign person.--The term ``foreign person'' means-- (A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or (B) a corporation, partnership, or other entity which is not a United States person. (7) Person.--The term ``person'' means an individual or entity. (8) United states person.--The term ``United States person'' means a United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or a person in the United States. SEC. 7. REPORT ON IRANIAN ACTIVITIES IN YEMEN. (a) Report.--Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter for a period not to exceed 5 years, the President shall submit to the appropriate congressional committees a report on Iranian activities in Yemen. (b) Matters To Be Included.--The report required by subsection (a) shall include a description of the following: (1) Iran's support for certain Yemeni militias or political parties, including weapons, financing, training, and other forms of material support including media and communications support. (2) A list of referrals to the relevant United Nations Security Council sanctions committees by the United States Permanent Representative to the United Nations. (c) Form.--The President may submit the report required by subsection (a) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate.", "summary": "Houthis and Iran Sanctions Accountability Act of 2017 This bill continues certain sanctions blocking the property of persons threatening the peace or stability of Yemen. The President shall: determine and report to Congress whether certain Iranian persons are threatening Yemen's peace or stability, and if so, impose property blocking sanctions against each identified person; and impose property blocking and visa sanctions on foreign persons or entities that knowingly provide significant financial, material, or technological support for Ansar Allah in Yemen (also known as the Houthis) and certain other persons and entities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Microenterprise and Youth Entrepreneurship Development Act of 2011''. SEC. 2. MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY BUILDING PROGRAM. (a) Definitions.--Section 172(5) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(5)) is amended-- (1) in subparagraph (B) by striking ``or'' at the end; (2) in subparagraph (C) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(D) an entrepreneur that operates a business or intends to operate a business in an investment area (as such term is defined in section 103(16) of this Act).''. (b) Uses of Assistance.--Section 174 of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6903) is amended-- (1) in paragraph (3) by striking ``and'' at the end; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) to advertise in print, electronic, and other media the training and technical assistance provided under paragraph (1); and''. (c) Targeted Assistance.--Section 176(b) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6905(b)) is amended by striking ``50 percent'' and inserting ``60 percent''. (d) Matching Requirements.--Section 177(c) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6906(c)) is amended by adding at the end the following: ``(3) Consideration.--In determining whether to reduce or eliminate matching requirements under paragraph (1), the Administrator shall consider the impact of the economic crisis of 2007 through 2009 on the geographic area in which an applicant operates.''. (e) Report.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing recommendations for improving the application and grant making process of the microenterprise technical assistance and capacity building grant program (carried out under subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994), including recommendations, developed in consultation with stakeholders, for streamlining the application and grant making process of that program. (f) Microenterprise Coordinator.-- (1) Establishment.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish in the Small Business Administration the position of Microenterprise Coordinator. (2) Duties.--The Microenterprise Coordinator shall-- (A) work to ensure that the contributions of microenterprises to the economy are maximized; (B) work to enhance, support, and coordinate the programs of the Federal Government providing assistance to microenterprises, including Federal technical assistance programs; (C) work to ensure that underserved entrepreneurs are included in the programs of the Federal Government providing assistance to microenterprises; (D) make available to the public annually a comprehensive list and description of each Federal program that provides assistance to microenterprises; and (E) encourage public-private partnerships that support entrepreneurship. (3) Microenterprise defined.--In this subsection, the term ``microenterprise'' has the meaning given that term in section 172(10) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(10)). SEC. 3. OFFICE OF YOUTH ENTREPRENEURSHIP. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Small Business Administration shall establish an Office of Youth Entrepreneurship (in this section referred to as the ``Office'') in the Small Business Administration. (b) Director.--The Administrator shall appoint a Director of Youth Entrepreneurship (in this section referred to as the ``Director'') to serve as the head of the Office. (c) Duties.--The Director shall-- (1) carry out the youth entrepreneurship technical assistance grant program described in subsection (d); (2) carry out the youth entrepreneurship curriculum grant program described in subsection (e); (3) promote the growth of youth entrepreneurship by establishing public-private partnerships and carrying out advertising campaigns; (4) sponsor and support State and national youth entrepreneurship competitions that raise awareness of the importance of small business development; (5) study and promote Federal activities that support entrepreneurship education; and (6) support the establishment of public and private youth entrepreneurship education and mentoring opportunities. (d) Youth Entrepreneurship Technical Assistance Grant Program.--The Director shall establish a program under which the Director may make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship. (e) Youth Entrepreneurship Curriculum Grant Program.-- (1) In general.--The Director shall establish a program under which the Director may make grants to a covered entity to assist the development, improvement, or implementation of a youth entrepreneurship curriculum that includes information on the topics of-- (A) securing capital and borrowing; (B) business plan conception and drafting; (C) accounting; (D) management; and (E) marketing. (2) Application process.--To be eligible for a grant described in paragraph (1), a covered entity shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require, except that the application shall include at least-- (A) a description of the curriculum to be developed, improved, or implemented; (B) a description of how grant funds will be used; (C) a description of goals relating to the use of grant funds and the curriculum to be developed, improved, or implemented; and (D) a description of how progress will be measured with respect to the goals described in subparagraph (C). (3) Covered entity defined.--In this subsection, the term ``covered entity'' means a local educational agency in any of the several States, the District of Columbia, or a territory or possession of the United States and a local educational agency of a federally recognized Indian tribe. (f) Investment Areas.-- (1) In general.--The Director shall ensure that at least 25 percent of the amounts made available to carry out the Office each fiscal year are used to assist youth in investment areas. (2) Investment area defined.--In this subsection, the term ``investment area'' has the meaning given that term in section 103(16) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702(16)). (g) Student Loan Assistance.--Not later than 180 days after the date of enactment of this Act, the Director, in consultation with the Secretary of Education, shall submit to Congress a report that includes detailed recommendations for legislation-- (1) establishing a program to forgive student loans in a manner that assists youth entrepreneurship by making available capital for business formation; and (2) establishing a program to defer student loan repayments in a manner that assists youth entrepreneurship by making available capital for business formation. SEC. 4. GAO STUDY AND REPORT. (a) Study.--The Comptroller General of the United States shall conduct a study on-- (1) the economic impact of allowing youth entrepreneurs to defer student loan repayments to make available capital for business formation; (2) the economic impact of increasing the participation of individuals under 25 years of age in the microloan program of the Small Business Administration (carried out under section 7(m) of the Small Business Act (15 U.S.C. 636(m)), notwithstanding the limited collateral and formal business experience of such individuals; (3) alternative methods for measuring creditworthiness that may assist youth entrepreneurship; and (4) actions Congress should consider to promote youth entrepreneurship. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report on the results of the study conducted under subsection (a).", "summary": "Microenterprise and Youth Entrepreneurship Development Act of 2011 - Amends the Riegle Community Development and Regulatory Improvement Act of 1994 for purposes of the microenterprise technical assistance and capacity building grant program to include in the definition of \"disadvantaged entrepreneur\" a microentrepreneur operating or intending to operate a business in an investment area. Increases to 60% (currently, 50%) the minimum percentage of such grants required to be used to benefit very low-income persons, including those residing on Indian reservations. Requires the Administrator of the Small Business Administration (SBA) to consider the impact of the 2007-2009 economic crisis on an applicant's geographic area when deciding whether to reduce or eliminate matching requirements for applicants with severe constraints on available funding sources. Directs the Administrator to establish an SBA Microenterprise Coordinator position. Requires the Administrator to establish an Office of Youth Entrepreneurship and appoint a Director to carry out: (1) the youth entrepreneur technical assistance grant program to make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship; and (2) the youth entrepreneurship curriculum grant program to make grants to applying local educational agencies of states and federally recognized Indian tribes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Defend America Against Weapons of Mass Destruction Act of 1996''. SEC. 2. FINDINGS AND DEFINITION. (a) Findings.--Congress makes the following findings: (1) Although the United States possesses the technological means to develop and deploy defensive systems that would be highly effective in countering limited ballistic missile threats to its territory, its ability to detect and intercept weapons of mass destruction delivered by unconventional means is limited. (2) It is axiomatic that the incentive for the unconventional delivery of weapons of mass destruction will increase in direct proportion to the perceived effectiveness of theater missile and other regular military defense systems. (3) The target of weapons of mass destruction may not be military in the usual sense of the term and, as such, the threat that is posed to the citizens of the United States by chemical and biological weapons delivered by nonconventional means is significant and growing. (4) Several countries that are hostile to the United States, including Iraq, Libya, and Iran, have demonstrated an interest in acquiring the technology necessary to manufacture weapons of mass destruction. (5) In addition, the acquisition or the development and use of weapons of mass destruction is well within the capability of many extremist and terrorist movements, acting independently or as proxies, and states can transfer weapons to or otherwise aid such movements indirectly and with plausible deniability. (6) Covert or unconventional means of delivery, which may be preferable to both States and non-State organizations, include cargo ships, passenger aircraft, commercial and private vehicles and vessels, or commercial cargo shipments routed through multiple destinations. (7) Traditional arms control efforts assume large state efforts with detectable manufacturing and weaponization programs in peacetime but are ineffective in monitoring and controlling the development of a capability to manufacture suddenly chemical, biological, or nuclear weapons with little or no warning and with nothing but commercial supplies and equipment. Such efforts are also incapable of predicting and tracking transfers of capabilities relating to weapons of mass destruction. (8) Because of the dire consequences to the citizens of the United States posed by weapons of mass destruction, and because traditional arms control efforts are inadequate, it is prudent to commence a coordinated effort among local, State, and Federal emergency response organizations to develop technologies and capabilities to detect and intercept weapons of mass destruction, to equip and protect those emergency response organizations who are first on the scene, and, where necessary, to decontaminate areas where such weapons are manufactured or detonated. (9) Congress has repeatedly expressed concern about the use of weapons of mass destruction, stating in November 1993 (in section 1704 of the National Defense Authorization Act For Fiscal Year 1994 (Public Law 103-160; 50 U.S.C. 1522 note)) that ``the President should strengthen Federal interagency emergency planning by the Federal Emergency Management Agency and other appropriate Federal, State, and local agencies for development of a capability for early detection and warning of and response to-- ``(1) potential terrorist use of chemical or biological agents or weapons; and ``(2) emergencies or natural disasters involving industrial chemicals or the widespread outbreak of disease.''. (b) Weapons of Mass Destruction Defined.--For purposes of this Act, the term ``weapons of mass destruction'' means chemical, biological, and nuclear weapons (whether militarized or improvised) that are designed to spread their contents through explosions or other dissemination means. SEC. 3. DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--Chapter 139 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2375. Weapons of mass destruction: threat from attack by unconventional means ``(a) Establishment of Program.--The Secretary of Defense shall carry out a research and development program to enhance the capabilities of the United States relating to the threat to the United States of an attack inside the United States by unconventional means involving weapons of mass destruction. In carrying out such program, the Secretary shall take into consideration relevant assessments and recommendations of any interagency task force or committee. ``(b) Activities To Be Included in the Program.--The activities to be carried out by the Secretary under the program shall include the following: ``(1) Research, development, test, and evaluation of technologies relating to any of the following: ``(A) Detection of chemical, biological, and nuclear weapons. ``(B) Interception of such weapons. ``(C) Protection against such weapons. ``(D) Assistance to other Federal departments and agencies and State and local agencies in responding to an attack made using such weapons, including casualty treatment. ``(E) Decontamination of areas affected by an attack using such weapons. ``(2) Training of personnel for the activities specified in subparagraphs (A) through (E) of paragraph (1). ``(3) Identification of Federal equipment and technologies that can be transferred, and training that can be provided, from one Federal agency to another agency or to State and local agencies consistent with the purposes of the program under this section. ``(c) Consultation With State and Local Authorities.--In carrying out the program under this section, the Secretary shall consult regularly with, and shall seek the views of, representatives of-- ``(1) State and local government law enforcement authorities; and ``(2) State and local government emergency planning authorities.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2375. Weapons of mass destruction: threat from attack by unconventional means.''. SEC. 4. PRE-EVENT PLANNING ASSISTANCE UNDER STAFFORD ACT. Section 201(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131(b)) is amended by adding at the end the following new sentence: ``In the case of preparation by the States against major disasters involving weapons of mass destruction (as defined in section 2(b) of the Defend America Against Weapons of Mass Destruction Act of 1996), technical assistance under the preceding sentence in developing comprehensive plans and practicable programs for preparation against such disasters may be provided through any department or agency of the United States designated by the President for such purpose.''. SEC. 5. REPORT TO CONGRESS. Not later than one year after the date of the enactment of this Act, the President shall submit to Congress a report describing the actions taken, and planned to be taken, to carry out section 2375 of title 10, United States Code, as added by section 3, and the sentence in section 201(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act added by section 4. The report shall include a statement of the costs of such actions.", "summary": "Defend America Against Weapons of Mass Destruction Act of 1996 - Amends Federal law to direct the Secretary of Defense to carry out a research and development program to enhance U.S. capabilities relating to the threat of an attack inside the United States by unconventional means involving weapons of mass destruction. Specifies that the activities to be carried out by the Secretary under the program shall include: (1) research, development, test, and evaluation of technologies relating to detection of chemical, biological, and nuclear weapons, interception of and protection against such weapons, assistance to other Federal departments and agencies and State and local agencies in responding to an attack, including casualty treatment, and decontamination of areas affected by an attack; (2) training of personnel for such activities; and (3) identification of Federal equipment and technologies that can be transferred, and training that can be provided, from one Federal agency to another or to State and local agencies consistent with the purposes of the program. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize Federal technical assistance to the States in developing comprehensive plans and practicable programs for preparation against major disasters involving weapons of mass destruction. Sets forth reporting requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Survivorship Research and Quality of Life Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There are more than 9,000,000 individuals in the United States today who are cancer survivors (living with, through, and beyond cancer). (2) 60 percent of cancer survivors are 65 years of age and older. (3) 62 percent of adults diagnosed with cancer today will be alive 5 years from now. (4) In 1960, 4 percent of children with cancer survived more than 5 years. (5) 77 percent of children (age 0 through 14) diagnosed with cancer today will be living five years from now. (6) Three out of every four American families will have at least one family member diagnosed with cancer. (7) 24 percent of adults with cancer are parents who have a child 18 years or younger living in the home. (8) One of every four deaths in the United States is from cancer. In 2002, 555,500 Americans will die of cancer--more than 1,500 people a day. (9) The annual cost of cancer in the United States is $180,000,000,000 in direct and indirect costs. (10) In fiscal year 2001 the National Institutes of Health invested $38,000,000 in survivorship--less than $4.25 per survivor. SEC. 3. CANCER CONTROL PROGRAMS. Section 412 of the Public Health Service Act (42 U.S.C. 285a-1) is amended-- (1) in the first sentence, by inserting ``, for survivorship,'' after ``treatment of cancer''; (2) in paragraph (1)(B), by striking ``cancer patients'' and all that follows and inserting the following: ``cancer patients, families of cancer patients, and cancer survivors, and''; and (3) in paragraph (3), by inserting ``and concerning cancer survivorship programs,'' after ``control of cancer''. SEC. 4. EXPANSION AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO CANCER SURVIVORSHIP RESEARCH. (a) In General.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end following section: ``SEC. 417D. EXPANSION AND COORDINATION OF ACTIVITIES WITH RESPECT TO CANCER SURVIVORSHIP RESEARCH. ``(a) In General.-- ``(1) Expansion of activities.--The Director of NIH shall expand and coordinate the activities of the National Institutes of Health with respect to cancer survivorship research. ``(2) Administration of program; collaboration among agencies.--The Director of NIH shall carry out this section acting through the Director of the Institute and in collaboration with any other agencies that the Director determines appropriate. ``(b) Office on Survivorship.-- ``(1) In general.--The Director of NIH shall establish an Office on Survivorship within the Institute through which the activities under subsection (a)(1) shall be implemented and directed. ``(2) Associate director for survivorship; appointment; function.-- ``(A) There shall be in the Institute an Associate Director for Survivorship to coordinate and promote the programs in the Institute concerning cancer survivorship research. The Associate Director shall be appointed by the Director of the Institute from among individuals who, because of their professional training or experience, are equipped to address the breadth of needs associated with cancer survivorship. ``(B) Not later than February 1, 2003, the Associate Director for Survivorship shall prepare and submit to the Congress report providing a description of the survivorship activities of the Office and strategies for future activities.''. (b) Funding.--Section 417B(d)(2) of the Public Health Service Act (42 U.S.C. 285a-8(d)(2)) is amended-- (1) in subparagraph (B), by striking ``and'' after the semicolon; (2) in subparagraph (C), by striking ``each'' and all that follows and inserting ``each fiscal year through 2002; and''; and (3) by adding at the end the following: ``(D) 13 percent, in the case of fiscal year 2003 and each subsequent fiscal year, of which not less than 3 percent shall be for the Office on Survivorship under section 417D.''. SEC. 5. EXPANSION OF CDC COMPREHENSIVE CANCER PROGRAMS; PROGRAMS TO IMPROVE CANCER SURVIVORSHIP. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall study the unique health challenges associated with cancer survivorship and carry out projects and interventions to improve the long-term health status of cancer survivors. Such projects shall be carried out directly and through the awards of grants or contracts. (b) Certain Activities.--Activities under subsection (a) include-- (1) the expansion of current cancer surveillance systems to track the health status of cancer survivors and determine whether cancer survivors are at-risk for other chronic and disabling conditions; (2) assess the unique challenges associated with cancer survivorship; (3) the development of a national cancer survivorship action plan, in partnership with health organizations focused on cancer survivorship, to be carried out in coordination with the state-based comprehensive cancer control program of the Centers for Disease Control and Prevention to-- (A) develop unique and innovative post-treatment programs, services and demonstrations designed to support and advance cancer survivorship through-- (i) promotion of physical activity and healthy lifestyles; (ii) educational outreach programs for health care providers; (iii) support for innovative programs to improve the quality of life among cancer survivors; (iv) home and community-based interventions; (v) peer support and mentor programs; (vi) public awareness and outreach campaigns; and (vii) information dissemination to inform health care providers and cancer survivors of their health care options and available survivorship programs; and (B) develop unique cancer survivorship demonstration programs designed to address the needs of underserved populations, including minorities, children, and persons residing in rural areas. (c) Coordination of Activities.--The Secretary shall assure that activities under this section are coordinated as appropriate with other agencies of the Public Health Service. (d) Report to Congress.--Not later than October 1, 2003, the Secretary shall submit to the Congress a report describing the results of the evaluation under subsection (a), and as applicable, the strategies developed under such subsection. (e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $75,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006. SEC. 6. MONITORING AND EVALUATING QUALITY CANCER CARE AND CANCER SURVIVORSHIP. (a) In General.--Part M of title III of the Public Health Service Act (42 U.S.C. 280e et seq.) is amended by inserting after section 399E the following section: ``SEC. 399E-1. MONITORING AND EVALUATING QUALITY CANCER CARE AND CANCER SURVIVORSHIP. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the National Cancer Institute, shall make grants to eligible entities for the purpose of enabling such entities to monitor and evaluate quality cancer care, develop information concerning quality cancer care, and monitor cancer survivorship. ``(b) Eligible Entities.--For purposes of this section, an entity is an eligible entity for a fiscal year if the entity-- ``(1) operates a statewide cancer registry with funds from a grant made under section 399B for such fiscal year; and ``(2) is certified by the North American Association of Central Cancer Registries or another similar certification organization. ``(c) Contracting Authority.--In carrying out the purpose described in subsection (a), an eligible entity may expend a grant under such subsection to enter into contracts with academic institutions, cancer centers, and other entities, when determined appropriate by the Secretary. ``(d) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(e) Authority of Secretary Regarding Use of Grant.--The Secretary shall determine the appropriate uses of grants under subsection (a) to achieve the purpose described in such subsection. ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2007.''. (b) Conforming Amendment Regarding Authorization of Appropriations.--Section 399F(a) of the Public Health Service Act (42 U.S.C. 280e-4(a)) is amended in the first sentence by striking ``this part,'' and inserting ``this part (other than section 399E-1),''.", "summary": "Cancer Survivorship Research and Quality of Life Act of 2002 - Amends the Public Health Service Act to include demonstration, education, and other programs concerning cancer survivorship among the activities of the National Cancer Institute (Institute) within the National Institutes of Health (NIH).Requires the Director of NIH to: (1) expand and coordinate NIH activities related to cancer survivorship; and (2) establish an Office on Survivorship within the Institute. Creates the position of Associate Director for Survivorship.Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Protection, to: (1) study the health challenges associated with cancer survivorship and carry out projects and interventions; and (2) make grants for the monitoring and evaluation of cancer care and survivorship."}
{"article": "SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Fair Pay Act of 1997''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938. SEC. 2. FINDINGS. The Congress finds the following: (1) Wage differentials exist between equivalent jobs segregated by sex, race, and national origin in Government employment and in industries engaged in commerce or in the production of goods for commerce: (2) The existence of such wage differentials-- (A) depresses wages and living standards for employees necessary for their health and efficiency; (B) prevents the maximum utilization of the available labor resources; (C) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; (D) burdens commerce and the free flow of goods in commerce; and (E) constitutes an unfair method of competition. (3) Discrimination in hiring and promotion has played a role in maintaining a segregated work force. (4) Many women and people of color work in occupations dominated by individuals of their same sex, race, and national origin. (5)(A) A General Accounting Office analysis of wages in the civil service of the State of Washington found that in 1985 of the 44 jobs studied that paid less than the average of all equivalent jobs, approximately 39 percent were female-dominated and approximately 16 percent were male dominated. (B) A study of wages in Minnesota using 1990 Decennial Census data found that 75 percent of the wage differential between white and non-white workers was unexplained and may be a result of discrimination. (6) Section 6(d) of the Fair Labor Standards Act of 1938 prohibits discrimination in compensation for ``equal work'' on the basis of sex. (7) Title VII of the Civil Rights Act of 1964 prohibits discrimination in compensation because of race, color, religion, national origin, and sex. The United States Supreme Court, in its decision in County of Washington v. Gunther, 452 U.S. 161 (1981), held that title VII's prohibition against discrimination in compensation also applies to jobs which do not constitute ``equal work'' as defined in section 6(d) of the Fair Labor Standards Act of 1938. Decisions of lower courts, however, have demonstrated that further clarification of existing legislation is necessary in order effectively to carry out the intent of Congress to implement the Supreme Court's holding in its Gunther decision. (8) Artificial barriers to the elimination of discrimination in compensation based upon sex, race, and national origin continue to exist more than 3 decades after the passage of section 6(d) of the Fair Labor Standards Act of 1938 and the Civil Rights Act of 1964. Elimination of such barriers would have positive effects, including-- (A) providing a solution to problems in the economy created by discriminating wage differentials; (B) substantially reducing the number of working women and people of color earning low wages, thereby reducing the dependence on public assistance; and (C) promoting stable families by enabling working family members to earn a fair rate of pay. SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS. (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at the end the following: ``(g)(1)(A) No employer having employees subject to any provisions of this section shall discriminate between its employees on the basis of sex, race, or national origin by paying wages to employees or groups of employees at a rate less than the rate at which the employer pays wages to employees or groups of employees of the opposite sex or different race or national origin for work in equivalent jobs, except where such payment is made pursuant to a seniority system, a merit system, or a system which measures earnings by quantity or quality of production. ``(B) An employer who is paying a wage rate differential in violation of subparagraph (A) shall not, in order to comply with the provisions of such subparagraph, reduce the wage rate of any employee. ``(2) No labor organization or its agents representing employees of an employer having employees subject to any provision of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1)(A). ``(3) For purposes of administration and enforcement of this subsection, any amounts owing to any employee which have been withheld in violation of paragraph (1)(A) shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this section or section 7. ``(4) As used in this subsection: ``(A) The term `labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. ``(B) The term `equivalent jobs' means jobs that may be dissimilar, but whose requirements are equivalent, when viewed as a composite of skills, effort, responsibility, and working conditions.''. (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is amended in the matter before paragraph (1) by striking ``section 6(d)'' and inserting ``sections 6(d) and 6(g)''. SEC. 4. PROHIBITED ACTS. Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period at the end of paragraph (5) and inserting a semicolon and by adding after paragraph (5) the following: ``(6) to discriminate against any individual because such individual has opposed any act or practice made unlawful by section 6(g) or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under section 6(g); or ``(7) to discharge or in any other manner discriminate against, coerce, intimidate, threaten, or interfere with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(g).''. SEC. 5. REMEDIES. Section 16 (29 U.S.C. 216) is amended-- (1) by adding at the end the following: ``(f) In any action brought under this section for violation of section 6(g), the court shall, in addition to any other remedies awarded to the prevailing plaintiff or plaintiffs, allow expert fees as part of the costs. Any such action may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; (2) in subsection (b), by striking ``section 15(a)(3)'' each place it occurs and inserting ``paragraphs (3), (6), and (7) of section 15(a)''; and (3) in the fourth sentence of subsection (b), by striking ``No employees'' and inserting ``Except with respect to class actions brought under subsection (f), no employees''. SEC. 6. RECORDS. Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)'' after ``(c)'' and by adding at the end the following: ``(2)(A) Every employer subject to section 6(g) shall preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to the employees of the employer. Every employer subject to section 6(g) shall preserve such records for such periods of time and shall make such reports therefrom to the Equal Employment Opportunity Commission as shall be prescribed by the Equal Employment Opportunity Commission by regulation or order as necessary or appropriate for the enforcement of the provisions of section 6(g) or any regulations promulgated thereunder. ``(B) Every employer subject to section 6(g) shall file annually with the Equal Employment Opportunity Commission a report signed by its president, treasurer, or corresponding principal officer containing information in such detail as may be necessary accurately to disclose the wage or salary rates paid to each classification, position, job title, or other wage or salary group of employees employed by the employer, as well as the sex, race, and national origin of employees at each wage or salary level in each classification, position, job title, or other wage or salary group. The report shall not contain the name of any individual employee. ``(C) In order to carry out the purposes of this Act, the contents of the reports filed with the Equal Employment Opportunity Commission pursuant to subparagraph (B) shall be public information, and the Equal Employment Opportunity Commission may publish any information and data which it obtains pursuant to the provisions of subparagraph (B). The Equal Employment Opportunity Commission may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as it may deem appropriate. ``(D) In order to carry out the purposes of this Act the Equal Employment Opportunity Commission shall by regulation make reasonable provision for the inspection and examination by any person of the information and data contained in any report filed with it pursuant to subparagraph (B). ``(E) The Equal Employment Opportunity Commission shall by regulation provide for the furnishing of copies of reports filed with it pursuant to subparagraph (B) to any person upon payment of a charge based upon the cost of the service. ``(F) The Equal Employment Opportunity Commission shall issue rules and regulations prescribing the form and content of reports required to be filed under subparagraph (B) and such other reasonable rules and regulations as it may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising its authority under subparagraph (B), the Equal Employment Opportunity Commission may prescribe by general rule simplified reports for employers for whom it finds that by virtue of their size a detailed report would be unduly burdensome.''. SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT TO CONGRESS. Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the following: ``(4) The Equal Employment Opportunity Commission shall undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement the provisions of section 6(g) prohibiting wage discrimination between employees performing work in equivalent jobs on the basis of sex, race, or national origin. Such studies, information, and technical assistance shall be based upon and include reference to the declared policy of such section to eliminate such discrimination. In order to achieve the purposes of such section, the Equal Employment Opportunity Commission shall further carry on a continuing program of research, education, and technical assistance including-- ``(A) undertaking and promoting research with the intent of developing means to expeditiously correct the conditions leading to section 6(g); ``(B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various media of communication, and the general public the findings of studies and other materials for promoting compliance with section 6(g); ``(C) sponsoring and assisting State and community informational and educational programs; and ``(D) providing technical assistance to employers, labor organizations, professional associations and other interested persons on means of achieving and maintaining compliance with the provisions of section 6(g). ``(5) The report submitted annually by the Equal Employment Opportunity Commission to Congress pursuant to paragraph (1) shall include a separate evaluation and appraisal regarding the implementation of section 6(g).''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of one year from the date of its enactment.", "summary": "Fair Pay Act of 1997 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, or systems that measure earnings by quantity or quality of production.) Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC); and (2) make reports to the EEOC. Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Whistleblower Protection Enhancement Act of 2013''. SEC. 2. EXPANSION AND ENHANCEMENT OF AUTHORITIES RELATING PROTECTED COMMUNICATIONS OF MEMBERS OF THE ARMED FORCES AND PROHIBITED RETALIATORY ACTIONS. (a) Expansion of Prohibited Retaliatory Personnel Actions.-- Subsection (b) of section 1034 of title 10, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B)-- (i) in clause (i), by inserting ``or a representative of a Member of Congress'' after ``a Member of Congress''; (ii) in clause (iv), by striking ``or'' at the end; (iii) by redesignating clause (v) as clause (vi); (iv) by inserting after clause (v) the following new clause (v): ``(v) a court, grand jury, or court-martial proceeding, or an authorized official of the Department of Justice or another law enforcement agency; or''; and (v) in clause (vi), as redesignated by clause (iii) of this subparagraph, by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(C) testimony, or otherwise participating in or assisting in an investigation or proceeding related to a communication under subparagraph (A) or (B), or filing, causing to be filed, participating in, or otherwise assisting in an action brought under this section.''; and (2) in paragraph (2), by inserting after ``any favorable action'' the following: ``, or a significant change in a member's duties, responsibilities, or working conditions''. (b) Inspector General Investigations of Allegations.--Subsection (c) of such section is amended-- (1) in paragraph (1), by striking ``paragraph (3)'' and inserting ``paragraph (4)''; (2) in paragraph (2), by striking subparagraph (A) and inserting the following new subparagraph (A): ``(A) Any violation of any law, rule, or regulation, including a law or regulation prohibiting rape, sexual assault, or other sexual misconduct in sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment or unlawful discrimination.''; (3) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; (4) by inserting after paragraph (2) the following new paragraph (3): ``(3) A communication described in paragraph (2) shall not be excluded from the protections provided in this section because-- ``(A) the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph (2); ``(B) the communication revealed information that had previously been communicated; ``(C) of the member's motive for making the communication; ``(D) the communication was not made in writing; ``(E) the communication was made while the member was off duty; ``(F) the communication was made during the normal course of duties of the member.''; (5) in subparagraph (D) of paragraph (4), as redesignated by paragraph (3) of this subsection, by inserting before the period at the end of the second sentence the following: ``, with the consent of the member''; and (6) in paragraph (5), as so redesignated-- (A) by striking ``paragraph (3)(A)'' and inserting ``paragraph (4)(A)''; (B) by striking ``paragraph (3)(D)'' and inserting ``paragraph (4)(D)''; and (C) by striking ``60 days'' and inserting ``one year''. (c) Inspector General Investigations of Underlying Allegations.-- Subsection (d) of such section is amended by striking ``subparagraph (A) or (B) of subsection (c)(2)'' and inserting ``subparagraph (A), (B), or (C) of subsection (c)(2)''. (d) Reports on Investigations.--Subsection (e) of such section is amended-- (1) in paragraph (1)-- (A) by striking ``subsection (c)(3)(E)'' both places it appears and inserting ``subsection (c)(4)(E)''; (B) by striking ``the Secretary of Defense'' and inserting ``the Secretary of the military department concerned''; and (C) by striking ``to the Secretary,'' and inserting ``to such Secretary,''; (2) in paragraph (3), by striking ``the Secretary of Defense'' and inserting ``the Secretary of the military department concerned''; and (3) in paragraph (4), by striking the second sentence and inserting the following new sentence: ``The report shall include an explicit determination as to whether a personnel action prohibited by subsection (b) has occurred and a recommendation as to the disposition of the complaint, including appropriate corrective action for the member.''. (e) Action in Case of Violations.--Such section is further amended-- (1) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (j), and (k), respectively; and (2) by inserting after subsection (e) the following new subsection (f): ``(f) Action in Case of Violations.--(1) If an Inspector General reports under subsection (e) that a personnel action prohibited by subsection (b) has occurred, not later than 30 days after receiving such report from the Inspector General, the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, shall order such action as is necessary to correct the record of a personnel action prohibited by subsection (b), taking into account the recommendations in the report by the Inspector General. Such Secretary shall take any appropriate disciplinary action against the individual who committed such prohibited personnel action. ``(2) If the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, determines that an order for corrective or disciplinary action is not appropriate, not later than 30 days after making the determination, such Secretary shall-- ``(A) provide to the Secretary of Defense, the Committees on Armed Services of the Senate and the House of Representatives, and the member or former member, a notice of the determination and the reasons for not taking action; or ``(B) refer the report to the appropriate board for the correction of military records for further review under subsection (g).''. (f) Correction of Records.--Subsection (g) of such section, as redesignated by subsection (e)(1) of this section, is further amended-- (1) in paragraph (1), by striking ``may review'' and inserting ``shall review''; (2) in paragraph (2)(C), by striking ``may'' and inserting ``upon the request of the member or former member, after an initial determination that a complaint is not frivolous and has not previously been addressed by the board, shall''; and (3) in paragraph (3)-- (A) in the matter preceding subparagraph (A), by striking ``board elects to hold'' and inserting ``board holds''; and (B) in subparagraph (A)-- (i) by striking ``may be provided'' and inserting ``shall be provided''; and (ii) in clause (ii), by striking ``the case is unusually complex or otherwise requires'' and inserting ``the member or former member would benefit from''. (g) Review.--Subsection (h) of such section, as redesignated by subsection (e)(1) of this section, is further amended by striking ``subsection (f)'' and inserting ``subsection (g)''. (h) Burdens of Proof.--Such section is further amended by inserting after subsection (h), as so redesignated, the following new subsection (i): ``(i) Burdens of Proof.--The burdens of proof specified in section 1221(e) of title 5 shall apply in any investigation conducted by an Inspector General, and any review conducted by the Secretary of Defense, the Secretary of Homeland Security, and any board for the correction of military records, under this section.''. (i) Effective Date.--The amendments made by this section shall take effect on the date that is 30 days after the date of the enactment of this Act, and shall apply with respect to allegations pending or submitted under section 1034 of title 10, United States Code, on or after that date.", "summary": "Military Whistleblower Protection Enhancement Act of 2013 - Revises provisions concerning protected communications from members of the Armed Forces (members) to specified military and government officials (military whistleblower provisions) to include communications made to a court, grand jury, or court-martial proceeding or to an authorized official of the Department of Justice (DOJ) or another law enforcement agency. Includes as additional protected communications any alleged violation of law, rule, or regulation, including those prohibiting rape, sexual assault, or other sexual misconduct under provisions of the Uniform Code of Military Justice (UCMJ). Provides that neither an initial determination of whether a prohibited personnel retaliatory action was taken against a member for such a communication nor a subsequent investigation is required in the case of an allegation made more than one year (under current law, 60 days) after the member first becomes aware of the personnel action. Requires reports by inspectors general of the military departments concerned on prohibited retaliatory personnel actions to: (1) be submitted to such department's Secretary (under current law, to the Secretary of Defense [DOD]); and (2) include an explicit determination as to whether a prohibited personnel action has occurred and recommendations for disposition of the complaint, including appropriate corrective action for the member. Requires any such corrective action to occur within 30 days after the receipt of such report. Requires the Secretary of Homeland Security (DHS) (with respect to the Coast Guard) and the Secretary concerned, upon determining that an order for corrective or disciplinary action is not appropriate, to notify the Secretary of Defense, the congressional defense committees, and the member of such determination and the reasons for not taking action. Requires (under current law, allows) the appropriate correction of military records upon the request of a member for whom a prohibited action determination has been made. Establishes the member's and agency's burden of proof with respect to military whistleblower protection investigations and determinations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Charles August Long Undiagnosed Diseases Research and Collaboration Network Act of 2011'' or the ``CAL Undiagnosed Diseases Research and Collaboration Network Act of 2011''. SEC. 2. CAL NETWORK OF UNDIAGNOSED DISEASES. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. THE NATIONAL CAL NETWORK OF UNDIAGNOSED DISEASES. ``(a) Establishment.--The Secretary, acting through the Director of NIH, shall establish and maintain an undiagnosed diseases patient network (in this section referred to as the `CAL Network'). ``(b) Purposes.--The purposes of the CAL Network shall be to-- ``(1) provide physicians who are handling cases of undiagnosed diseases with a means, consistent with applicable privacy laws, including HIPAA privacy and security law (as defined in section 3009(a)(2)), to search for similar cases and to network and collaborate with the physicians handling such similar cases in order to find a diagnosis and to improve patient care and outcomes; ``(2) better enable and examine cross-disease research whereby cases of undiagnosed diseases can be cross-referenced against attributes of common diseases and rare diseases to assist in the rendering of a diagnosis; elucidate commonalities; identify atypical presentations, rare subgroups, similar findings; and identify potential treatments; ``(3) better describe the types and prevalence of cases of undiagnosed diseases in the United States; ``(4) make necessary data available to elucidate appropriate factors (such as genetic, environmental, and occupational factors) that may be associated with the various types of cases of undiagnosed diseases reported by individuals specified by the Director of NIH; ``(5) better outline key demographic factors (such as age, race or ethnicity, gender, sex, geographic location, and family medical history) of individuals who are undiagnosed; ``(6) provide such data necessary to better understand the length of time for a diagnoses to be rendered in cases of undiagnosed diseases and to identify barriers to diagnoses and reasons for misdiagnosis of diseases; and ``(7) provide such information necessary to determine, in order to improve access of individuals with undiagnosed diseases throughout the United States (including those with severe illnesses which limit or restrict travel) to programs similar to the Undiagnosed Disease Program conducted at the National Institutes of Health, if the needs and number of such individuals support-- ``(A) the expansion of such Undiagnosed Disease Program, as in existence as of the date of the enactment of this section, to include the establishment of additional undiagnosed diseases programs of like scope and nature at other locations throughout the United States; and ``(B) the establishment by entities other than the National Institutes of Health of separate undiagnosed disease programs of like scope and nature to the Undiagnosed Disease Program at locations throughout the United States under the guidance of and through grants provided by and through such Undiagnosed Diseases Program. ``(c) Content of the CAL Network.--The Secretary shall include in the CAL Network such information respecting undiagnosed diseases as the Secretary deems appropriate for the purposes described in subsection (b) and other purposes to facilitate the early recognition, treatment, cure, and control of such diseases. ``(d) Availability.-- ``(1) Design requirements.--Subject to paragraph (2), for the purposes described in subsection (c) and consistent with applicable privacy laws, including HIPAA privacy and security law (as defined in section 3009(a)(2)), the Secretary shall ensure that the CAL Network is designed in such a manner as to-- ``(A) make the information in the CAL Network available to appropriate health care professionals, patients, and other qualified individuals and organizations, as determined by the Secretary, who are registered to access such network in accordance with such process and requirements as specified by the Secretary; ``(B) make epidemiological and other types of information obtained through the CAL Network available to Federal agencies and health-related agencies; ``(C) provide for different levels and types of access to such network to be granted based on the circumstances and individuals involved; and ``(D) allow for an individual to have only the level and type of access to the network so granted. ``(2) Information which may not be publically disclosed.-- The design under paragraph (1) shall ensure that the following information is not publicly disclosed: ``(A) Individually identifiable information. ``(B) Trade secrets or commercial or financial information obtained from a person and privileged or confidential, as provided in section 552(b)(4) of title 5, United States Code. ``(e) Grants.--The Secretary, acting through the Director of NIH, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for-- ``(1) the collection, analysis, and reporting of data on cases of undiagnosed diseases and other disorders that can often go undiagnosed or be misdiagnosed as other diseases or disorders; and ``(2) the establishment of separate undiagnosed disease programs described in subsection (b)(7)(B). ``(f) Implementation Schedule.--In carrying out this section, the Secretary shall-- ``(1) not later than 1 year after the date of the enactment of this section, complete any study, research, and development necessary to implement the CAL Network; and ``(2) complete the implementation of the CAL Network such that it is fully operational by not later than September 30, 2013. ``(g) Undiagnosed Diseases Defined.--For purposes of this section, the term `undiagnosed disease' means a medically unexplained chronic multi-symptom disease that-- ``(1) causes the decline of, limitations in, or cessation of a person's developmental status, functional status, quality of life, or any combination thereof; ``(2) has not been diagnosed by a medical specialist in a tertiary medical center; ``(3) is defined by a cluster of signs or symptoms; which by history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis; ``(4) is without conclusive pathophysiology or etiology; ``(5) is characterized by overlapping symptoms and signs; or ``(6) exhibits an inconsistent demonstration of laboratory abnormalities. ``(h) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there are authorized to be appropriated $5,000,000 for the period of fiscal years 2012 through 2017. ``(2) Offset.--To offset amounts appropriated pursuant to the authorization of appropriations in paragraph (1), the Secretary shall reduce funds that would otherwise be obligated and expended under the account heading `National Institutes of Health--Office of the Director' by $5,000,000 for the period of fiscal years 2012 through 2017.''.", "summary": "Charles August Long Undiagnosed Diseases Research and Collaboration Network Act of 2011 or the CAL Undiagnosed Diseases Research and Collaboration Network Act of 2011 - Requires the Director of the National Institutes of Health (NIH) to establish and maintain an undiagnosed diseases patient network. Includes among the purposes of the CAL Network to: (1) provide physicians who are handling cases of undiagnosed diseases with a means to search for similar cases and to network and collaborate with physicians handling similar cases; (2) better enable and examine cross-disease research; (3) better describe the types and prevalence of cases of undiagnosed diseases in the United States; and (4) provide such data necessary to better understand the length of time for a diagnosis to be rendered and to identify barriers to diagnoses and reasons for misdiagnosis of diseases. Authorizes the Secretary of Health and Human Services (HHS) to award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for: (1) the collection, analysis, and reporting of data on cases of undiagnosed diseases and other disorders that can often go undiagnosed or be misdiagnosed as other diseases or disorders; and (2) the establishment of separate undiagnosed disease programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Financial Institutions to Fight Human Trafficking Act of 2018''. SEC. 2. ANTI-MONEY LAUNDERING INFORMATION PROVIDERS. (a) In General.--Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 5333. Anti-money laundering information providers ``(a) Cooperation Among Financial Institutions and Sources of Information on Human Trafficking and Money Laundering.-- ``(1) In general.--Not later than the end of the 120-day period beginning on the date of enactment of this section, the Secretary of the Treasury shall issue regulations to allow nonprofit organizations that the Secretary determines to be qualified to share information with financial institutions, associations of financial institutions, their regulatory authorities, and law enforcement agencies regarding individuals, entities, organizations, and countries suspected of possible human trafficking or related money laundering activities. ``(2) Cooperation and information sharing procedures.--The regulations required under paragraph (1) may include or create procedures for cooperation and information sharing focused on-- ``(A) matters specifically related to those benefitting directly and indirectly from human trafficking, the means by which human traffickers transfer funds within the United States and around the world, and the extent to which financial institutions, including depository institutions, asset managers, and insurers in the United States, are unwittingly involved in such matters or transfers and the extent to which such entities are at risk as a result; and ``(B) means of facilitating the identification of accounts and transactions involving human traffickers and facilitating the exchange of information concerning such accounts and transactions between nonprofit organizations, financial institutions, regulatory authorities, and law enforcement agencies. ``(3) Method of regulation.--The regulations required under paragraph (1) may-- ``(A) be made coextensive with the regulations adopted pursuant to other programs, regulated by the Secretary, for sharing information on unlawful activities between financial institutions; ``(B) establish a registration process overseen by the Secretary that-- ``(i) requires a nonprofit organization to demonstrate that they meet certain qualifications that the Secretary determines appropriate, including the establishment of policies and procedures reasonably designed to ensure the prompt identification and correction of inaccurate information shared under paragraph (1); ``(ii) allows the Secretary to disqualify nonprofit organizations that do not meet such qualifications; and ``(iii) allows the Secretary to terminate the registration of a nonprofit organization at any point if the Secretary determines such termination is appropriate and provides sufficient notice of such termination to the applicable nonprofit organization; ``(C) require a nonprofit organization to register with the Secretary before sharing information that will be subject to the safe harbor provided under subsection (b); and ``(D) ensure that financial institutions, associations of financial institutions, their regulatory authorities, law enforcement authorities, and any other appropriate entities are made aware of those nonprofit organizations that are registered with the Secretary. ``(4) Recipients of information.-- ``(A) In general.--The Secretary shall determine those financial institutions which are eligible to be recipients of information from nonprofit organizations made in compliance with the regulations issued under subsection (a). Such eligible financial institutions may include those already participating in existing information sharing programs regulated by the Secretary regarding unlawful activity. ``(B) No safe harbor for information provided to other financial institutions.--If a nonprofit organization shares information with a financial institution that is not eligible under subparagraph (A), such sharing of information shall not be subject to the safe harbor provided under subsection (b). ``(5) Information sharing between financial institutions.-- The regulations adopted pursuant to this section-- ``(A) may be coextensive with other regulations governing the sharing of information between financial institutions on suspected unlawful activities; and ``(B) shall allow financial institutions that receive information in compliance with the regulations issued under subsection (a) to share such information with other financial institutions through existing information sharing programs. ``(b) Safe Harbor for Information Providers.-- ``(1) In general.--A nonprofit organization, financial institution, association of financial institutions, regulatory authority of a financial institution, or law enforcement agency in compliance with the regulations issued under subsection (a) that transmits or shares information described under subsection (a) for the purposes of identifying or reporting activities that may involve human trafficking acts or related money laundering activities shall not be liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision thereof, or under any contract or other legally enforceable agreement (including any arbitration agreement), for such disclosure or for any failure to provide notice of such disclosure to the person who is the subject of such disclosure, or any other person identified in the disclosure, except where such transmission or sharing violates this section or regulations issued pursuant to this section. ``(2) No good faith requirement.--A nonprofit organization, financial institution, association of financial institutions, regulatory authority of a financial institution, or law enforcement agency that transmits or shares information described under paragraph (1) shall not be required to demonstrate that such transmission or sharing was made on a good faith basis in order to receive the benefit of the safe harbor provided by paragraph (1). ``(c) Non-Mandatory Compliance With This Section.--This section may not be construed as requiring a nonprofit organization to comply with the regulations issued under subsection (a) before sharing information with a financial institution, association of financial institutions, regulatory authority of a financial institution, or law enforcement agency. ``(d) Reports to the Financial Services Industry on Suspicious Financial Activities.--Beginning 10 months after the date of the enactment of this section, and at least semiannually thereafter, the Secretary of the Treasury shall-- ``(1) publish a report containing a detailed analysis identifying patterns of suspicious activity and other investigative insights derived from the regulations issued under this section and investigations conducted by Federal, State, local, and Tribal law enforcement agencies to the extent appropriate; ``(2) distribute such report to financial institutions; and ``(3) provide such report upon publication to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(e) Nonprofit Organization Defined.--For purposes of this section, the term `nonprofit organization' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.''. (b) Clerical Amendment.--The table of contents for chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5332 the following: ``5333. Anti-money laundering information providers.''. Passed the House of Representatives September 26, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Empowering Financial Institutions to Fight Human Trafficking Act of 2018 (Sec. 2) This bill allows a qualified nonprofit organization to share information with financial institutions and other authorities regarding possible human trafficking or related money laundering activities. The Department of the Treasury must determine which financial institutions are eligible to receive this information. Nonprofit organizations, financial institutions, and other authorities shall not be held liable for sharing this information in compliance with specified regulations."}
{"article": "SECTION 1. SCHOOL CONSTRUCTION FUNDS FOR CERTAIN LOCAL EDUCATIONAL AGENCIES. Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended-- (1) by inserting after the title heading the following: ``PART A--EDUCATION INFRASTRUCTURE ACT OF 1994''; (2) by striking ``title'' each place such term appears and inserting ``part''; and (3) by adding at the end the following: ``PART B--SCHOOL CONSTRUCTION FUNDS FOR LOCAL EDUCATIONAL AGENCIES THAT HAVE MADE IMPROVEMENTS IN TEACHER QUALITY AND STUDENT ACHIEVEMENT ``SEC. 12020. PURPOSE. ``The purpose of the part is to award grants for school construction to local educational agencies that have taken steps to improve teacher quality and raise student achievement. ``SEC. 12021. PROGRAM AUTHORIZED. ``The Secretary is authorized to award grants to local educational agencies that satisfy the conditions in section 12022 to enable such agencies to carry out school construction. ``SEC. 12022. CONDITIONS FOR RECEIVING FUNDS. ``(a) In General.--In order to receive a grant under this part, a local educational agency shall have submitted to the Secretary (at such time and in such manner as the Secretary may require) an application establishing the following: ``(1) The percentage of children eligible for free and reduced priced lunches under the National School Lunch Act under the jurisdiction of the agency equals or exceeds 65 percent. ``(2) It has taken significant steps to ensure that all students are taught by fully qualified teachers. ``(3) It does not use teachers certified on an emergency basis. ``(4) It does not use social promotion. ``(5) All students in grades kindergarten through grade 12 under its jurisdiction are subject to State achievement standards in the core curriculum at key transition points, as determined by the State. ``(6) It uses tests and other indicators, such as grades and teacher evaluations, to assess student performance in meeting the State achievement standards, which tests are valid for the purpose of such assessment. ``(b) Plan.--In order to receive a grant under this part, a local educational agency shall include in the application submitted under subsection (a)-- ``(1) a plan for ensuring that all students are taught by fully qualified teachers; and ``(2) an assurance that the agency will provide annual reports to the Secretary quantifying progress toward achieving that end. ``SEC. 12023. DEFINITIONS. ``For purposes of this part: ``(1) Construction.--The term `construction' means-- ``(A) preparation of drawings and specifications for school facilities; ``(B) building new school facilities, or acquiring, remodeling, demolishing, renovating, improving, or repairing facilities; or ``(C) inspection of work described in subparagraph (B). ``(2) Fully qualified teacher.--The term `fully qualified teacher' means-- ``(A) when used with respect to a public elementary or secondary school teacher means that the teacher holds a valid State teaching certificate or license for the grade level at which he or she provides instruction; and ``(B) when used with respect to-- ``(i) an elementary school teacher, means that the teacher holds at least a bachelor's degree and has demonstrated the knowledge and teaching skills needed to teach effectively in the areas of reading writing, mathematics, science and other areas of the elementary school curriculum; or ``(ii) a middle or secondary school teacher, means that the teacher holds at least a bachelors degree and has demonstrated proficiency in all subject areas in which he or she provides instruction through-- ``(I) a high level of performance on a rigorous and formal State assessment of content area knowledge; or ``(II) completion of at least an undergraduate major in each of the academic subject areas in which he or she provides instruction. ``(3) School facility.--The term `school facility' means a public structure suitable for use as a classroom, laboratory, library, media center, or related facility the primary purpose of which is the instruction of public elementary school or secondary school students. ``SEC. 12024. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $1,000,000,000 for fiscal year 2002 and each of the 5 succeeding fiscal years.''.", "summary": "Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants for school construction to local educational agencies that have taken steps to improve teacher quality and student achievement."}
{"article": "SECTION 1. SCHOOL DISCIPLINE AND TEACHER LIABILITY PROTECTION. (a) In General.--The Elementary and Secondary Education Act of 1965 (20 U.S.C 6301 et seq.) is amended by adding at the end the following: ``TITLE XV--SCHOOL DISCIPLINE AND TEACHER LIABILITY PROTECTION ``SEC. 15001. SHORT TITLE. ``This title may be cited as the `Teacher Protection Act of 2001'. ``SEC. 15002. PURPOSE. ``The purpose of this title is to provide teachers, principals and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline, and an appropriate educational environment. ``SEC. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. ``(a) Preemption.--This title preempts the laws of any State to the extent that such laws are inconsistent with this title, except that this title shall not preempt any State law that provides additional protection from liability relating to teachers. ``(b) Election of State Regarding Nonapplicability.--This title shall not apply to any civil action in a State court against a teacher in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation-- ``(1) citing the authority of this subsection; ``(2) declaring the election of such State that this title shall not apply, as of a date certain, to such civil action in the State; and ``(3) containing no other provisions. ``SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS. ``(a) Liability Protection for Teachers.--Except as provided in subsections (b) and (c), no teacher in a school shall be liable for harm caused by an act or omission of the teacher on behalf of the school if-- ``(1) the teacher was acting within the scope of the teacher's employment or responsibilities related to providing educational services; ``(2) the actions of the teacher were carried out in conformity with local, State, or Federal laws, rules or regulations in furtherance of efforts to control, discipline, expel, or suspend a student or maintain order or control in the classroom or school; ``(3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the teacher's responsibilities; ``(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the teacher; and ``(5) the harm was not caused by the teacher operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to-- ``(A) possess an operator's license; or ``(B) maintain insurance. ``(b) Concerning Responsibility of Teachers to Schools and Governmental Entities.--Nothing in this section shall be construed to affect any civil action brought by any school or any governmental entity against any teacher of such school. ``(c) Exceptions to Teacher Liability Protection.--If the laws of a State limit teacher liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section: ``(1) A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers. ``(2) A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees. ``(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. ``(d) Limitation on Punitive Damages Based on the Actions of Teachers.-- ``(1) General rule.--Punitive damages may not be awarded against a teacher in an action brought for harm based on the action of a teacher acting within the scope of the teacher's responsibilities to a school or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such teacher which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. ``(2) Construction.--Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages. ``(e) Exceptions to Limitations on Liability.-- ``(1) In general.--The limitations on the liability of a teacher under this title shall not apply to any misconduct that-- ``(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18, United States Code) for which the defendant has been convicted in any court; ``(B) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; ``(C) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or ``(D) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. ``(2) Rule of construction.--Nothing in this subsection shall be construed to effect subsection (a)(3) or (d). ``SEC. 15005. DEFINITIONS. ``For purposes of this title: ``(1) Economic loss.--The term `economic loss' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. ``(2) Harm.--The term `harm' includes physical, nonphysical, economic, and noneconomic losses. ``(3) Noneconomic losses.--The term `noneconomic losses' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. ``(4) School.--The term `school' means a public or private kindergarten, a public or private elementary school or secondary school (as defined in section 14101, or a home school. ``(5) State.--The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. ``(6) Teacher.--The term `teacher' means a teacher, instructor, principal, administrator, or other educational professional that works in a school, a local school board and any member of such board, and a local educational agency and any employee of such agency.''. (b) Effective Date.-- (1) In general.--Title XV of the Elementary and Secondary Education Act of 1965, as added by subsection (a), shall take effect 90 days after the date of the enactment of this Act. (2) Application.--Title XV of the Elementary and Secondary Education Act of 1965, as added by subsection (a), applies to any claim for harm caused by an act or omission of a teacher if that claim is filed on or after the effective date specified in paragraph (1), without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.", "summary": "Teacher Protection Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a new title XV, School Discipline and Teacher Liability Protection.Preempts State law except where it provides additional protection of teachers from liability. Makes this Act inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State, if it enacts a statute electing that this Act not apply.Provides that no teacher in a school shall be liable, with specified exceptions, for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, and if certain other conditions are met. Limits punitive damages."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Modernization Fund Act''. SEC. 2. EDUCATION MODERNIZATION LOANS AND FUND. (a) Loans.-- (1) In general.--The Secretary of Education (referred to in this subsection as the ``Secretary'') shall make loans to States for the purpose of constructing and modernizing elementary schools and secondary schools. (2) Terms.--The Secretary shall make low interest, long- term loans, as determined by the Secretary, under paragraph (1). The Secretary shall determine the eligibility requirements for, and the terms of, any loan made under paragraph (1). (3) Allocation of funds.--The Secretary shall determine a formula for allocating the funds made available under subsection (b)(4) to States for loans under paragraph (1). The Secretary shall ensure that the formula provides for the allocation of funds for such loans to each eligible State. In determining the formula, the Secretary shall take into consideration the need for financial assistance of States with significant increases in populations of elementary school and secondary school students. (4) Definitions.--In this subsection, the terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (b) Fund.-- (1) Establishment.--There is established in the Treasury of the United States a trust fund, to be known as the ``Education Modernization Fund'', consisting of the amounts transferred to or deposited in the Trust Fund under paragraph (2) and any interest earned on investment of the amounts in the Trust Fund under paragraph (3). (2) Transfers and deposits.-- (A) Transfer.--The Secretary of the Treasury shall transfer to the Trust Fund an amount equal to $5,000,000,000 from the modernization fund described in section 5302 of title 31, United States Code. (B) Deposits.--There shall be deposited in the Trust Fund all amounts received by the Secretary of Education incident to loan operations under subsection (a), including all collections of principal and interest. (3) Investment of trust fund.-- (A) In general.--The Secretary of the Treasury shall invest the portion of the Trust Fund that is not, in the Secretary's judgment, required to meet current withdrawals. (B) Obligations.--Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired-- (i) on original issue at the issue price; or (ii) by purchase of outstanding obligations at the market price. (C) Purposes for obligations of the united states.--The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are extended to authorize the issuance at par of special obligations exclusively to the Trust Fund. (D) Interest.--Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the Public Debt, except that where such average rate is not a multiple of \\1/8\\ of 1 percent, the rate of interest of such special obligations shall be the multiple of \\1/8\\ of 1 percent next lower than such average rate. (E) Determination.--Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States on original issue or at the market price, is not in the public interest. (F) Sale of obligation.--Any obligation acquired by the Trust Fund (except special obligations issued exclusively to the Trust Fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest. (G) Credits to trust fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund. (4) Expenditures from trust fund.--Amounts in the Trust Fund shall be available to the Secretary of Education for making expenditures to carry out subsection (a).", "summary": "Education Modernization Fund Act - Directs the Secretary of Education to make low-interest, long-term loans to States for constructing and modernizing elementary and secondary schools. Requires the Secretary of Education to determine a formula for allocating such loans to eligible States, taking into consideration the needs of States with significant increases in school student populations. Establishes the Education Modernization Fund (EMF) in the Treasury to provide funds for such loans. Directs the Secretary of the Treasury to: (1) transfer to the EMF a specified amount from the Treasury's Exchange Stabilization Fund; and (2) invest, in a specified manner, the portion of the EMF that is not required to meet current withdrawals. Directs the Secretary of Education to deposit in the EMF all amounts received by incident to such loan operations, including all collections of principal and interest."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pregnant Workers Fairness Act''. SEC. 2. NONDISCRIMINATION WITH REGARD TO REASONABLE ACCOMMODATIONS RELATED TO PREGNANCY. It shall be an unlawful employment practice for a covered entity to-- (1) not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; (2) deny employment opportunities to a job applicant or employee, if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee or applicant; (3) require a job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that such applicant or employee chooses not to accept, if such accommodation is unnecessary to enable the applicant or employee to perform her job; (4) require an employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee; or (5) take adverse action in terms, conditions, or privileges of employment against an employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee. SEC. 3. REMEDIES AND ENFORCEMENT. (a) Employees Covered by Title VII of the Civil Rights Act of 1964.-- (1) In general.--The powers, procedures, and remedies provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the Commission, the Attorney General, or any person, alleging a violation of title VII of that Act (42 U.S.C. 2000e et seq.) shall be the powers, procedures, and remedies this Act provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(A), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (b) Employees Covered by Congressional Accountability Act of 1995.-- (1) In general.--The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(B), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (4) Other applicable provisions.--With respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleging a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). (c) Employees Covered by Chapter 5 of Title 3, United States Code.-- (1) In general.--The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Commission, the Merit Systems Protection Board, or any person, alleging a violation of section 411(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, the Commission, such Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(C), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the President, the Commission, such Board, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the President, the Commission, such Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (d) Employees Covered by Government Employee Rights Act of 1991.-- (1) In general.--The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the Commission, or any person, alleging a violation of section 302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the powers, remedies, and procedures this Act provides to the Commission, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(D), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the Commission, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (e) Employees Covered by Section 717 of the Civil Rights Act of 1964.-- (1) In general.--The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging a violation of that section shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee or applicant described in section 5(3)(E), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (f) Prohibition Against Retaliation.-- (1) In general.--No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this Act or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act. (2) Prohibition against coercion.--It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this Act. (3) Remedy.--The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection. SEC. 4. RULEMAKING. Not later than 2 years after the date of enactment of this Act, the Commission shall issue regulations in an accessible format in accordance with subchapter II of chapter 5 of title 5, United States Code, to carry out this Act. Such regulations shall provide examples of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions that shall be provided to a job applicant or employee affected by such known limitations unless the covered entity can demonstrate that doing so would impose an undue hardship. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``Commission'' means the Equal Employment Opportunity Commission; (2) the term ``covered entity''-- (A) has the meaning given the term ``respondent'' in section 701(n) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(n)); and (B) includes-- (i) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) and section 411(c) of title 3, United States Code; (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e- 16c(a)); and (iii) an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 16(a)) applies; (3) the term ``employee'' means-- (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); (B) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); or (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies; (4) the term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)); and (5) the terms ``reasonable accommodation'' and ``undue hardship'' have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) and shall be construed as such terms have been construed under such Act and as set forth in the regulations required by this Act, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation. SEC. 6. WAIVER OF STATE IMMUNITY. A State shall not be immune under the 11th Amendment to the Constitution of the United States from an action in a Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. SEC. 7. RELATIONSHIP TO OTHER LAWS. Nothing in this Act shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for workers affected by pregnancy, childbirth, or related medical conditions.", "summary": "Pregnant Workers Fairness Act Declares that it is an unlawful employment practice for employers, employment agencies, labor organizations, and other specified entities to: (1) fail to make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of job applicants or employees, unless the accommodation would impose an undue hardship on such an entity's business operation; (2) deny employment opportunities based on the need of the entity to make such reasonable accommodations; (3) require such job applicants or employees to accept an accommodation that they choose not to accept, if such accommodation is unnecessary to perform the job; (4) require such employees to take paid or unpaid leave if another reasonable accommodation can be provided to their known limitations; or (5) take adverse action in terms, conditions, or privileges of employment against an employee requesting or using such reasonable accommodations. Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, the Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. Directs the Equal Employment Opportunity Commission to issue regulations to carry out this Act, including the identification of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions. Prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Funds Transfer Equal Consumer Protection Act''. SEC. 2. EQUAL CONSUMER PROTECTION. (a) Definition of Error.--Section 908(f) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(f)) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7); and (2) by inserting after paragraph (4) the following new paragraphs: ``(5) an electronic fund transfer affecting the customer's account in connection with a transaction for goods or services not accepted by the customer or a designee of the customer or not delivered to the customer or any such designee, or that is not in accordance with the agreement made at the time of a transaction;''. (b) Covered Transactions.--Section 903(6) of the Electronic Fund Transfer Act (15 U.S.C. 1693a(6)) is amended by inserting after the 2nd sentence the following new sentence: ``Such term also includes any transaction initiated through an electronic terminal, telephonic instrument, or computer, including transactions initiated through the use of a check card or a card commonly referred to as a debit card, without regard to the manner in which the third party conveys the order, instruction, or authorization to the financial institution to credit or debit the consumer's account at the financial institution.''. (c) Prompt Provisional Recredit Required.--Section 908(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(c)) is amended by striking the first sentence and inserting the following new sentence: ``Prompt Provisional Recredit Required.--If a financial institution receives notice of an error in the manner and within the time period specified in subsection (a), the financial institution shall, within 1 business day after receiving such notice, provisionally recredit the consumer's account for the amount alleged to be in error, subject to section 909, including interest where applicable, pending the conclusion of the investigation by the financial institution under subsection (a) and the determination of whether an error has occurred.''. (d) Prompt Error Resolution Required.--Section 908(a) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(a) is amended to read as follows: ``(a) Investigation of Reported Error Required.-- ``(1) In general.--If, before the end of the 60-day period beginning on the date a financial institution transmits consumer documentation pursuant to subsection (a), (c), or (d) of section 906 or a notice relating to a consumer account pursuant to section 906(b) to a consumer, the financial institution receives oral or written notice in which the consumer-- ``(A) provides sufficient information to allow the financial institution to identify the name and account number of the consumer; ``(B) indicates the consumer's belief that the documentation transmitted, or the consumer's account to which the notice related, contains an error and the amount of such error; and ``(C) indicates the reasons for the consumer's belief (where applicable) that an error has occurred, the financial institution shall investigate the alleged error, determine whether an error has occurred, and report or mail the results of such investigation and determination to the consumer within 1 business day. ``(2) Written confirmation of oral notice.-- ``(A) In general.--In any case in which a consumer provides oral notice of an error to a financial institution in accordance with paragraph (1), the financial institution may require written confirmation to be provided to the institution by the consumer if the financial institution-- ``(i) advises the consumer of such requirement at the time the oral notice is made and the manner in which the confirmation shall be provided; and ``(ii) provides the consumer with the address to which such confirmation should be sent. ``(B) Timely receipt of consumer statement.--If a requirement by a financial institution for a written confirmation pursuant to subparagraph (A) of an oral notice by a consumer may be satisfied by a written statement prepared and submitted by the consumer, such confirmation shall be timely if the financial institution receives such confirmation before the end of the 15-day period beginning on the date the financial institution provided the notice to the consumer under subparagraph (A). ``(C) Timely return of financial institution's confirmation form.--If a requirement by a financial institution for a written confirmation pursuant to subparagraph (A) of an oral notice by a consumer may be only be confirmed by the consumer's signature on a written confirmation form sent by the financial institution to the consumer for such purpose-- ``(i) such confirmation shall be timely if the financial institution receives such confirmation form from the consumer with the consumer's signature before the end of the 30- day period beginning on the date the financial institution provided the notice to the consumer under subparagraph (A); and ``(ii) such confirmation shall be deemed to have been timely received if the consumer fails to receive the written confirmation form to sign from the financial institution before the end of the 20-day period beginning on such date. ``(3) Failure to timely confirm.--If a financial institution which requires written confirmation of a consumer's oral notice of an error in accordance with paragraph (2)(A) does not receive such confirmation in accordance with subparagraph (B) or (C)(i) of paragraph (2) before the end of the applicable period described in the appropriate subparagraph, the financial institution-- ``(A) need not provisionally recredit the consumer's account in accordance with subsection (c) ; and ``(B) shall not be liable under subsection (e). ``(4) Burden of proof.--In any investigation or resolution of an alleged error under this section, the burden of proof is on the financial institution to show that an error did not occur.''. (e) Technical and Conforming Amendments.-- (1) Section 908(b) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(b)) is amended by inserting ``subsection (c) and'' after ``, subject to''. (2) The first sentence of section 908(d) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(d)) is amended by striking ``or (c)''. (3) Section 908(e)(1) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(e)(1)) is amended by striking ``ten-day period'' and inserting ``1-day period''.", "summary": "Electronic Funds Transfer Equal Consumer Protection Act - Amends the the Electronic Fund Transfer Act to treat as an error any electronic fund transfer affecting the customer's account regarding a transaction for goods or services not accepted by or not delivered to the customer, or not in accordance with the agreement made at the time of the transaction. Redefines electronic fund transfer to cover any transaction initiated through an electronic terminal, telephonic instrument, or computer, including transactions initiated through the use of a check card or a debit card. Revises requirements for a financial institution's discretionary provisional recredit of a consumer's account after receiving notice of an error. Makes such a provisional recredit mandatory, within one business day after receipt of such a notice. Revises requirements for prompt resolution of errors to authorize a financial institution to require a consumer to submit written confirmation of an oral error notice before it recredits provisionally the consumer's account."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Savings Performance Contracts Amendments Act of 2003''. SEC. 2. PERMANENT EXTENSION. Section 801(c) of the National Energy Conservation Policy Act (42 U.S.C. 8287(c)) is repealed. SEC. 3. COST SAVINGS FROM REPLACEMENT FACILITIES. Section 801(a) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)) is amended by adding at the end the following new paragraph: ``(3)(A) In the case of an energy savings contract or energy savings performance contract providing for energy savings through the construction and operation of one or more buildings or facilities to replace one or more existing buildings or facilities, benefits ancillary to the purpose of such contract under paragraph (1) may include savings resulting from reduced costs of operation and maintenance at such replacement buildings or facilities when compared with costs of operation and maintenance at the buildings or facilities being replaced. ``(B) Notwithstanding paragraph (2)(B), aggregate annual payments by an agency under an energy savings contract or energy savings performance contract referred to in subparagraph (A) may take into account (through the procedures developed pursuant to this section) savings resulting from reduced costs of operation and maintenance as described in subparagraph (A).''. SEC. 4. ENERGY SAVINGS. Section 804(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as follows: ``(2) The term `energy savings' means-- ``(A) a reduction in the cost of energy or water, from a base cost established through a methodology set forth in the contract, used in an existing federally owned building or buildings or other federally owned facilities as a result of-- ``(i) the lease or purchase of operating equipment, improvements, altered operation and maintenance, or technical services; ``(ii) the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a federally owned building or buildings or other federally owned facilities; or ``(iii) the increased efficient use of existing water sources; or ``(B) in the case of a replacement building or facility described in section 801(a)(3), a reduction in the cost of energy, from a base cost established through a methodology set forth in the contract, that would otherwise be utilized in one or more existing federally owned buildings or other federally owned buildings by reason of the construction and operation of the replacement building or facility.''. SEC. 5. ENERGY SAVINGS CONTRACT. Section 804(3) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(3)) is amended to read as follows: ``(3) The terms `energy savings contract' and `energy savings performance contract' mean a contract which provides for-- ``(A) the performance of services for the design, acquisition, installation, testing, operation, and, where appropriate, maintenance and repair, of an identified energy or water conservation measure or series of measures at one or more locations; or ``(B) energy savings through the construction and operation of one or more buildings or facilities to replace one or more existing buildings or facilities.''. SEC. 6. ENERGY OR WATER CONSERVATION MEASURE. Section 804(4) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(4)) is amended to read as follows: ``(4) The term `energy or water conservation measure' means-- ``(A) an energy conservation measure, as defined in section 551(4) (42 U.S.C. 8259(4)); or ``(B) a water conservation measure that improves water efficiency, is life cycle cost effective, and involves water conservation, water recycling or reuse, improvements in operation or maintenance efficiencies, retrofit activities or other related activities, not at a Federal hydroelectric facility.''. SEC. 7. REVIEW. Within 180 days after the date of the enactment of this Act, the Secretary of Energy shall complete a review of the Energy Savings Performance Contract program to identify statutory, regulatory, and administration obstacles that prevent Federal agencies from fully utilizing the program. In addition, this review shall identify all areas for increasing program flexibility and effectiveness, including audit and measurement verification requirements, accounting for energy use in determining savings, contracting requirements, and energy efficiency services covered. The Secretary shall report these findings to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, and shall implement identified administrative and regulatory changes to increase program flexibility and effectiveness to the extent that such changes are consistent with statutory authority. SEC. 8. PILOT PROGRAM TO EXPAND ENERGY SAVINGS PERFORMANCE CONTRACTS TO NON-BUILDING PROJECTS. Title VIII of the National Energy Conservation Policy Act (42 U.S.C. 8287-8287c) is amended by adding at the end the following: ``SEC. 805. PILOT PROGRAM FOR ENERGY SAVINGS PERFORMANCE CONTRACT INVESTMENTS IN NON-BUILDING ENERGY SAVINGS PROJECTS. ``(a) Authorization.--The Secretary of Defense and the heads of other interested Federal agencies are authorized, on a pilot basis, to enter into up to ten energy savings performance contracts under this Title for the purpose of achieving savings, secondary savings, and benefits incidental to those purposes, in non-building energy efficiency improvement projects. ``(b) Selection of Projects.--The Secretary of Energy, in consultation with the Secretary of Defense and the heads of other interested Federal agencies, shall select up to ten contract projects for this pilot program. The projects shall be selected to demonstrate the applicability and benefit of energy savings performance contracting to a range of non-building energy efficiency improvement projects. ``(c) Definitions.--For the purposes of this section: ``(1) The term `non-building' means any vehicle, device, or equipment that is transportable under its own power by land, sea, or air and consumes energy from any fuel source for the purpose of such transportability, or to maintain a controlled environment within such vehicle, device or equipment; or any Federally owned equipment used to generate electricity or transport water. ``(2) The term `secondary savings', means additional energy or cost savings that are a direct consequence of the energy savings that result from the energy efficiency improvements that were financed and implemented pursuant to the energy savings performance contract. Such `secondary savings' may include, but are not limited to, energy and cost savings that result from a reduction in the need for fuel delivery and logistical support. In the case of electric generation equipment, secondary savings may include the benefits of increased efficiency in the production of electricity. ``(d) Report.--No later than three years after the enactment of this section, the Secretary of Energy shall report to the Congress on the progress and results of this program. Such report shall include: a description of all projects undertaken; the energy and cost savings, secondary savings, other benefits and problems resulting from such projects; and the overall cost-benefit of such projects. The report shall also include recommendations, developed in consultation with those agencies that undertook projects under the program, as to whether the authorization to enter into energy savings performance contract for non-building projects should be extended, expanded, or otherwise modified.''. SEC. 9. UTILITY INCENTIVE PROGRAMS. Section 546(c)(3) of the National Energy Conservation Policy Act (42 U.S.C. 8256(c)(3)) is amended by striking ``facilities'' and inserting ``facilities, equipment and vehicles''.", "summary": "Energy Savings Performance Contracts Amendments Act of 2003 - Amends the National Energy Conservation Policy Act (NECPA) to: (1) repeal the termination dates governing the authority to enter into energy savings performance contracts (thus extending such authority indefinitely); (2) allow as an approved benefit ancillary to an energy savings contract or energy savings performance contract providing for energy savings through construction of replacement facilities those savings resulting from reduced operation and maintenance costs at such facilities; and (3) authorize the Secretary of Defense and the heads of other interested Federal agencies to enter into a pilot program for energy savings performance contract investments in non-building energy efficiency improvement projects."}
{"article": "entitled ``Joint Resolution making further continuing appropriations for the fiscal year 1986, and for other purposes'' (Public Law 99- 190; 99 Stat. 1251) is repealed. (2) Exception.--The authority provided in the matter repealed by paragraph (1) of this subsection shall be preserved to the extent necessary to carry out obligations of the United States with respect to clean coal technology projects selected by the Secretary of Energy pursuant to the fifth general request for proposals issued by the Secretary under such section 101(d) (and pursuant to any such general request issued before the fifth general request). (c) Rescission.--Any unobligated funds previously appropriated for the Clean Coal Technology program are rescinded. TITLE IV--FOREIGN OPERATIONS PROGRAMS SEC. 401. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) Termination.-- (1) Termination of authority to make new obligations.--(A) Effective 60 days after the date of the enactment of this Act, the Overseas Private Investment Corporation shall not issue any insurance, guaranties, or reinsurance, make any loan, or acquire any securities, under section 234 of the Foreign Assistance Act of 1961, enter into any agreements for any other activity authorized by such section 234, or enter into risk sharing arrangements authorized by section 234A of that Act. (B) Subparagraph (A) does not require the termination of any contract or other agreement entered into before such paragraph takes effect. (2) Termination of opic.--Effective 180 days after the date of the enactment of this Act, the Overseas Private Investment Corporation is abolished. (3) Transfer of operations to omb.--The Director of the Office of Management and Budget shall, effective 180 days after the date of the enactment of this Act, perform the functions of the Overseas Private Investment Corporation with respect to contracts and agreements described in paragraph (1)(B) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement. The Director shall take the necessary steps to wind up the affairs of the Corporation. (4) Repeal of authorities.--Effective 180 days after the date of the enactment of this Act, title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and following) is repealed, but shall continue to apply with respect to functions performed by the Director of the Office of Management and Budget under paragraph (3). (5) Appropriations.--Funds available to the Corporation shall, upon the effective date of the repeal made by paragraph (4), be transferred to the Director of the Office of Management and Budget for use in performing the functions of the Corporation under paragraph (3). Upon the expiration of the contracts and agreements with respect to which the Director is exercising such functions, any unexpended balances of the funds transferred under this subsection shall be deposited in the Treasury as miscellaneous receipts. (b) Savings Provisions.-- (1) Prior determinations not affected.--The repeal made by subsection (a)(4) of the provisions of law set forth in such subsection shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Director of the Office of Management and Budget, or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Pending proceedings.--(A) The repeal made by subsection (a)(4) shall not affect any proceedings, including notices of proposed rulemaking, pending on the effective date of the repeal, before the Overseas Private Investment Corporation, except that no insurance, reinsurance, guarantee, or loan may be issued pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Director of the Office of Management and Budget after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (B) The Director of the Office of Management and Budget is authorized to issue regulations providing for the orderly transfer of proceedings continued under subparagraph (A). (3) Actions.--Except as provided in paragraph (5)-- (A) the provisions of this Act shall not affect suits commenced before the effective date of the repeal made by subsection (a)(4); and (B) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this section had not been enacted. (4) Liabilities incurred.--No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Overseas Private Investment Corporation, shall abate by reason of the enactment of this section. No cause of action by or against the Overseas Private Investment Corporation, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this section. (5) Parties.--If, before the effective date of the repeal made by subsection (a)(4), the Overseas Private Investment Corporation or an officer thereof in the official capacity of such officer, is a party to a suit, then such suit shall be continued with the Director of the Office of Management and Budget substituted or added as a party. (6) Review.--Orders and actions of the Director of the Office of Management and Budget in the exercise of functions of the Overseas Private Investment Corporation shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Overseas Private Investment Corporation. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Overseas Private Investment Corporation shall apply to the exercise of such function by the Director of the Office of Management and Budget. (c) Technical and Conforming Amendments.-- (1) Title 5, united states code.--(A) Section 5314 of title 5, United States Code, is amended by striking ``President, Overseas Private Investment Corporation.''. (B) Section 5315 of title 5, United States Code, is amended by striking ``Executive Vice President, Overseas Private Investment Corporation.''. (C) Section 5316 of title 5, United States Code, is amended by striking ``Vice Presidents, Overseas Private Investment Corporation (3).''. (2) Other amendments and repeals.--(A) Section 222(a) of the Foreign Assistance Act of 1961 is amended by inserting after ``section 238(c)'' the following: ``as in effect on the day before the effective date of the repeal of that section made by section 401(a)(4) of the Omnibus Corporate Welfare Reduction Act of 1997''. (B) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private Investment Corporation,''. (C) Section 2312(d)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)(1)) is amended-- (i) by striking subparagraph (K); and (ii) by redesignating subparagraphs (L) and (M) as subparagraphs (K) and (L), respectively. (D) Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended-- (i) in paragraph (12) by adding ``and'' after the semicolon; (ii) by striking paragraph (13); and (iii) by redesignating paragraph (14) as paragraph (13). (E) Section 624 of the Higher Education Act of 1965 (20 U.S.C. 1131c) is amended by striking ``the Overseas Private Investment Corporation,''. (F) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation)''. (G)(i) Section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (22 U.S.C. 2394 note) is amended-- (I) by amending subsection (b) to read as follows: ``(b) Countries.--The countries referred to in subsection (a) are countries for which in excess of $5,000,000 has been obligated during the previous fiscal year for assistance under sections 103 through 106, chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961, and under the Support for East European Democracy Act of 1989.''; and (II) in the first sentence of subsection (c) by striking ``the Administrator'' and all that follows through ``Corporation'' and inserting ``and the Administrator of the Agency for International Development''. (ii) The amendment made by clause (i) shall first apply to the annual report required to be submitted under section 574(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 in the fiscal year following the fiscal year in which no funds have been obligated by the Overseas Private Investment Corporation by virtue of this section. (H) Section 2(c)(12) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)) is repealed. (I) Section 202(b)(2)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is amended-- (i) by striking clause (iv); and (ii) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively. (J) Section 9101(3) of title 31, United States Code, is amended-- (i) by striking subparagraph (H); and (ii) by redesignating subparagraphs (I) through (P) as subparagraphs (G) through (O), respectively. (K) The following provisions of law are repealed: (i) Section 5(b)(2) of the Overseas Private Investment Corporation Amendments Act of 1981 (22 U.S.C. 2194a). (ii) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304). (iii) Subsections (b), (c), and (d) of section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991. (iv) Subsections (b), (c), and (d) of section 597 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990. (v) Sections 109 and 111 of the Overseas Private Investment Corporation Amendments Act of 1988, as enacted by reference in section 555 of Public Law 100- 461. (3) Effective date.--The amendments and repeals made by this subsection shall take effect 180 days after the date of the enactment of this Act. SEC. 402. SENSE OF THE CONGRESS THAT THE UNITED STATES SHOULD NOT PARTICIPATE IN THE LATEST ROUND OF THE IMF GENERAL AGREEMENTS TO BORROW. (a) Findings.--The Congress finds that-- (1) the International Monetary Fund (IMF) operates outside of public scrutiny, releasing almost no information to the public, thereby avoiding adequate accountability for its programs; (2) to ensure that it gets repaid, the IMF frequently imposes ``conditionality'' on its loans--policy changes that borrowing countries must undertake to receive a loan; (3) frequently, the IMF has forced developing nations to enact unsound economic policies, which have led to tax increases on the poor, draconian currency devaluations, and resource exploitation; (4) the IMF will do considerable harm to developing countries by continuing to make loans to their governments; (5) bailing out these governments only encourages them to continue policies detrimental to their citizens, such as destroying scarce natural resources, maintaining bloated bureaucracies, operating money-losing state-sponsored industries, and spending too much on their militaries; and (6) new IMF funding to developing countries frequently ends up substituting IMF debt for reschedulable commercial bank debt. (b) Sense of the Congress.--It is the sense of the Congress that the United States should not participate in the latest round of the General Agreements to Borrow, commonly referred to as the ``New Arrangements to Borrow''. SEC. 403. SENSE OF THE CONGRESS THAT THE UNITED STATES SHOULD NOT PROVIDE ADDITIONAL RESOURCES TO THE IMF ENHANCED STRUCTURAL ADJUSTMENT FACILITY. (a) Findings.--The Congress finds that-- (1) the Enhanced Structural Adjustment Facility (ESAF) of the International Monetary Fund makes low interest loans to the poorest developing countries that cannot pay their bills; (2) countries that borrow from the ESAF must be prepared to adopt multi-year economic and structural ``reform'' programs, which have frequently done the countries more harm than good; and (3) despite 10 years of ESAF lending, poverty continues to increase in many countries that are eligible for loans from the ESAF. (b) Sense of the Congress.--It is the sense of the Congress that the United States should not provide additional resources to the Enhanced Structural Adjustment Facility. TITLE V--TRANSPORTATION PROGRAMS SEC. 501. SENSE OF CONGRESS CONCERNING HIGHWAY DEMONSTRATION PROJECTS. (a) Finding.--Congress finds that-- (1) the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) included a five-fold increase in demonstration projects compared to the Surface Transportation and Uniform Relocation Assistance Act of 1987; (2) highway demonstration projects provide limited economic benefits; and (3) highway demonstration projects frequently are not consistent with key transportation priorities, do not appear on State or regional transportation plans, and draw funds away from other major Federal-aid highway programs. (b) Sense of Congress.--It is therefore the sense of Congress that highway demonstration projects should not be required by Federal law. SEC. 502. ELIMINATION OF APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM. (a) Repeal.--Section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App. 201) is repealed. (b) Conforming Amendments.--Section 401 of such Act (40 U.S.C. App. 401) is amended-- (1) by striking ``in section 201 for the Appalachian Development Highway System and Local Access Roads, and''; and (2) by striking ``and in section 201(g) for the Appalachian development highway system and local access roads,''.", "summary": "TABLE OF CONTENTS: Title I: Agriculture Programs Title II: Energy and Water Programs Title III: Interior Programs Title IV: Foreign Operations Programs Title V: Transportation Programs Omnibus Corporate Welfare Reduction Act of 1997 - Title I: Agriculture Programs - Repeals the Rural Electrification Act of 1936 (REA), provisions of the Disaster Relief Act of 1970 relating to adjusting the repayment schedules on REA loans, and provisions of Federal law regarding: (1) congressional policy concerning making funds available to rural electric and telephone systems; (2) congressional policy with respect to rural telephone system financing; (3) loan programs under the Rural Electrification and Telephone Revolving Fund; and (4) rural advanced telecommunications. Rescinds related unobligated balances. (Sec. 102) Repeals provisions of the Agricultural Trade Act of 1978 regarding an agricultural commodity export promotion program. Title II: Energy and Water Programs - Prohibits obligating or spending funds for the Animas-La Plata Project, Colorado and New Mexico, except regarding alternatives that would satisfy the water rights interests of the Ute Mountain Ute Indian Tribe and the Southern Ute Indian Tribe. (Sec. 202) Declares that the Congress is concerned about the pyroprocessing program and should not proceed with a liquid metal reactor program. Amends provisions of the Energy Policy Act of 1992 relating to advanced nuclear reactors to remove references to liquid metal reactors. Title III: Interior Programs - Prohibits the Department of Energy from conducting any fossil energy research and development, except as required by contracts entered into before enactment of this Act and as necessary to terminate ongoing activities. Authorizes appropriations. (Sec. 302) Amends Federal law commonly known as the National Forest Roads and Trails Act to modify requirements regarding the construction of forest development roads. Declares that it is the sense of the Congress that the full cost of forest road design, construction, and maintenance should be recovered through user fees. (Sec. 303) Prohibits fund obligation for the Clean Coal Technology program. Repeals, subject to exception, related appropriations from an appropriations Act for FY 1986 and rescinds any related unobligated funds. Title IV: Foreign Operations Programs - Abolishes the Overseas Private Investment Corporation (OPIC) and repeals related provisions. Requires that the Office of Management and Budget perform OPIC functions on certain existing contracts until their expiration. Prohibits contract renewal. Deposits unexpended balances in the Treasury as miscellaneous receipts. (Sec. 402) Sets forth findings regarding the International Monetary Fund and its Enhanced Structural Adjustment Facility (ESAF). Declares that it is the sense of the Congress that the United States should not participate in the latest round of General Agreements to Borrow (commonly referred to as the New Arrangement to Borrow) or provide additional resources to the ESAF. Title V: Transportation Programs - Expresses the sense of the Congress that highway demonstration projects should not be required by Federal law. (Sec. 502) Repeals provisions of the Appalachian Regional Development Act of 1965 authorizing the Appalachian development highway system."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Cattle Industry Improvement Act of 1996''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Expedited implementation of Fund for Rural America. Sec. 3. Prohibition on noncompetitive practices. Sec. 4. Domestic market reporting. Sec. 5. Import and export reporting. Sec. 6. Protection of livestock producers against retaliation by packers. Sec. 7. Review of Federal agriculture credit policies. Sec. 8. Streamlining and consolidating the United States food inspection system. Sec. 9. Labeling system for meat and meat food products produced in the United States. Sec. 10. Spot transactions involving bulk cheese. SEC. 2. EXPEDITED IMPLEMENTATION OF FUND FOR RURAL AMERICA. Section 793(b)(1) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 2204f(b)(1)) is amended by striking ``January 1, 1997,'' and all that follows through ``October 1, 1999,'' and inserting ``November 10, 1996, October 1, 1997, and October 1, 1998,''. SEC. 3. PROHIBITION ON NONCOMPETITIVE PRACTICES. Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), is amended-- (1) in subsection (g), by striking the period at the end and inserting ``; or''; and (2) by adding at the end the following: ``(h) Engage in any practice or device that the Secretary by regulation, after consultation with producers of cattle, lamb, and hogs, and other persons in the cattle, lamb, and hog industries, determines is a detrimental noncompetitive practice or device relating to the price or a term of sale for the procurement of livestock or the sale of meat or other byproduct of slaughter.''. SEC. 4. DOMESTIC MARKET REPORTING. (a) Persons in Slaughter Business.--Section 203(g) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(g)) is amended-- (1) by inserting ``(1)'' before ``To collect''; and (2) by adding at the end the following: ``(2) Each person engaged in the business of slaughtering livestock who carries out more than 5 percent of the national slaughter for a given species shall report to the Secretary in such manner as the Secretary shall require, as soon as practicable but not later than 24 hours after a transaction takes place, such information relating to prices and the terms of sale for the procurement of livestock and the sale of meat food products and livestock products as the Secretary determines is necessary to carry out this subsection. ``(3) Whoever knowingly fails or refuses to provide to the Secretary information required to be reported by paragraph (2) shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both. ``(4) The Secretary shall encourage voluntary reporting by any person engaged in the business of slaughtering livestock who carries out 5 percent or less of the national slaughter for a given species. ``(5) The Secretary shall make information received under this subsection available to the public only in the aggregate and shall ensure the confidentiality of persons providing the information.''. (b) Elimination of Outmoded Reports.--The Secretary of Agriculture, after consultation with producers and other affected parties, shall periodically-- (1) eliminate obsolete reports; and (2) streamline the collection and reporting of data related to livestock and meat and livestock products, using modern data communications technology, to provide information to the public on as close to a real-time basis as practicable. (c) Definition of ``Captive Supply''.--For the purpose of regulations issued by the Secretary of Agriculture relating to reporting under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) and the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), the term ``captive supply'' means livestock obligated to a packer in any form of transaction in which more than 7 days elapses from the date of obligation to the date of delivery of the livestock. SEC. 5. IMPORT AND EXPORT REPORTING. (a) Exports.--Section 602(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5712(a)(1)) is amended by inserting after ``products thereof,'' the following: ``and meat food products and livestock products (as the terms are defined in section 2 of the Packers and Stockyards Act, 1921 (7 U.S.C. 182)),''. (b) Imports.-- (1) In general.--The Secretary of Agriculture and the Secretary of Commerce shall, using modern data communications technology to provide the information to the public on as close to a real-time basis as practicable, jointly make available to the public aggregate price and quantity information on imported meat food products, livestock products, and livestock (as the terms are defined in section 2 of the Packers and Stockyards Act, 1921 (7 U.S.C. 182)). (2) First report.--The Secretaries shall release to the public the first report under paragraph (1) not later than 60 days after the date of enactment of this Act. SEC. 6. PROTECTION OF LIVESTOCK PRODUCERS AGAINST RETALIATION BY PACKERS. (a) Retaliation Prohibited.--Section 202(b) of the Packers and Stockyards Act, 1921 (7 U.S.C. 192(b)), is amended-- (1) by striking ``or subject'' and inserting ``subject''; and (2) by inserting before the semicolon at the end the following: ``, or retaliate against any livestock producer on account of any statement made by the producer (whether made to the Secretary or a law enforcement agency or in a public forum) regarding an action of any packer''. (b) Special Requirements Regarding Allegations of Retaliation.-- Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193), is amended by adding at the end the following: ``(e) Special Procedures Regarding Allegations of Retaliation.-- ``(1) Consideration by special panel.--The President shall appoint a special panel consisting of 3 members to receive and initially consider a complaint submitted by any person that alleges prohibited packer retaliation under section 202(b) directed against a livestock producer. ``(2) Complaint; hearing.--If the panel has reason to believe from the complaint or resulting investigation that a packer has violated or is violating the retaliation prohibition under section 202(b), the panel shall notify the Secretary who shall cause a complaint to be issued against the packer, and a hearing conducted, under subsection (a). ``(3) Evidentiary standard.--In the case of a complaint regarding retaliation prohibited under section 202(b), the Secretary shall find that the packer involved has violated or is violating section 202(b) if the finding is supported by a preponderance of the evidence.''. (c) Damages for Producers Suffering Retaliation.--Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193) (as amended by subsection (b)), is amended by adding at the end the following: ``(f) Damages for Producers Suffering Retaliation.-- ``(1) In general.--If a packer violates the retaliation prohibition under section 202(b), the packer shall be liable to the livestock producer injured by the retaliation for not more than 3 times the amount of damages sustained as a result of the violation. ``(2) Enforcement.--The liability may be enforced either by complaint to the Secretary, as provided in subsection (e), or by suit in any court of competent jurisdiction. ``(3) Other remedies.--This subsection shall not abridge or alter a remedy existing at common law or by statute. The remedy provided by this subsection shall be in addition to any other remedy.''. SEC. 7. REVIEW OF FEDERAL AGRICULTURE CREDIT POLICIES. The Secretary of Agriculture, in consultation with the Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, and the Chairman of the Board of the Farm Credit Administration, shall establish an interagency working group to study-- (1) the extent to which Federal lending practices and policies have contributed, or are contributing, to market concentration in the livestock and dairy sectors of the national economy; and (2) whether Federal policies regarding the financial system of the United States adequately take account of the weather and price volatility risks inherent in livestock and dairy enterprises. SEC. 8. STREAMLINING AND CONSOLIDATING THE UNITED STATES FOOD INSPECTION SYSTEM. (a) Preparation.--In consultation with the Secretary of Agriculture, the Secretary of Health and Human Services, and all other interested parties, the President shall prepare a plan to consolidate the United States food inspection system that ensures the best use of available resources to improve the consistency, coordination, and effectiveness of the United States food inspection system, taking into account food safety risks. (b) Submission.--Not later than 1 year after the date of enactment of this Act, the President shall submit to Congress the plan prepared under subsection (a). SEC. 9. LABELING SYSTEM FOR MEAT AND MEAT FOOD PRODUCTS PRODUCED IN THE UNITED STATES. (a) Labeling.--Section 7 of the Federal Meat Inspection Act (21 U.S.C. 607) is amended by adding at the end the following: ``(g) Labeling of Meat of United States Origin.-- ``(1) In general.--The Secretary shall develop a system for the labeling of carcasses, parts of carcasses, and meat produced in the United States from livestock raised in the United States, and meat food products produced in the United States from the carcasses, parts of carcasses, and meat, to indicate the United States origin of the carcasses, parts of carcasses, meat, and meat food products. ``(2) Assistance.--The Secretary shall provide technical and financial assistance to establishments subject to inspection under this title to implement the labeling system. ``(3) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection.''. SEC. 10. SPOT TRANSACTIONS INVOLVING BULK CHEESE. (a) In General.--The Secretary of Agriculture shall collect and publicize, on a weekly basis, statistically reliable information, obtained from all cheese manufacturing areas in the United States, on prices and terms of trade for spot transactions involving bulk cheese, including information on the national average price, and regional average prices, for bulk cheese sold through spot transactions. (b) Confidentiality.--All information provided to, or acquired by, the Secretary under this section shall be kept confidential by each officer and employee of the Department of Agriculture, except that general weekly statements may be issued that are based on the reports of a number of spot transactions and that do not identify the information provided by any person. (c) Funding.--The Secretary may use funds that are available for dairy market data collection to carry out this section.", "summary": "Cattle Industry Improvement Act of 1996 - Amends the Federal Agriculture Improvement and Reform Act of 1996 to advance the Fund for Rural America's initial funding date. (Sec. 3) Amends the Packers and Stockyards Act, 1921 to prohibit noncompetitive practices relating to the price or terms of sale of livestock or meat and meat by-products. (Sec. 4) Amends the Agricultural Marketing Act of 1946 to set forth domestic market reporting requirements for certain persons in the slaughter business. Defines \"captive supply.\" (Sec. 5) Amends the Agricultural Trade Act of 1978 with regard to livestock and meat food products reporting requirements. (Sec. 6) Amends the Packers and Stockyards Act, 1921 to prohibit retaliation by packers against livestock producers. Provides damages for producers suffering such retaliation. (Sec. 7) Directs the Secretary of Agriculture to establish an interagency working group to review whether Federal lending practices are contributing to market concentration in the livestock and dairy sectors. (Sec. 8) Directs the President to prepare a consolidation plan for the U.S. food inspection system. (Sec. 9) Amends the Federal Meat Inspection Act to require a labeling system for U.S.-produced meat and meat food products. Authorizes appropriations. (Sec. 10) Directs the Secretary to collect and publicize information on bulk cheese spot transactions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Research Fund Act of 1997''. SEC. 2. ESTABLISHMENT OF CANCER RESEARCH TRUST FUND. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end thereof the following new section: ``SEC. 404F. ESTABLISHMENT OF CANCER RESEARCH TRUST FUND. ``(a) Establishment.--There is established in the Treasury of the United States a trust fund, to be known as the `Cancer Research Trust Fund' (hereafter in this section referred to as the `Fund'), consisting of such amounts as are credited or paid to the Fund as provided for in section 6098 of the Internal Revenue Code of 1986 and any interest earned on investment of amounts in the Fund. ``(b) Investment of Trust Fund.-- ``(1) In general.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in the Secretary's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired-- ``(A) on original issue at the issue price, or ``(B) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31, of the United States Code, are hereby extended to authorize the issuance at par of special obligations exclusively to the Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the Public Debt; except that where such average rate is not a multiple of one-eighth of 1 percent, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchase of other interest- bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States on original issue or at the market price, is not in the public interest. ``(2) Sale of obligation.--Any obligation acquired by the Fund (except special obligations issued exclusively to the Fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest. ``(3) Credits to trust fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. ``(c) Obligations From Fund.-- ``(1) In general.--The Secretary of Health and Human Services shall annually make available such sums as are available in the Fund (including any amounts not obligated in previous fiscal years) to the National Institutes of Health for the conduct of biomedical, intramural and extramural research. ``(2) Director of nih.--The Director of the National Institutes of Health may distribute amounts made available under paragraph (1) among the various research institutes and centers of the National Institutes of Health to enable such institutes and centers to conduct research that the Director determines is appropriate. The Director shall make awards from amounts available under paragraph (1) for research on cancer. ``(d) Supplement Not Supplant.--Amounts provided to an institute or center under subsection (c) shall be used to supplement and not supplant other research conducted with Federal funds. ``(e) Limitation.--No expenditure shall be made under subsection (c)(1) during any fiscal year in which the annual amount appropriated for the National Institutes of Health is less than the amount so appropriated for the prior fiscal year.''. SEC. 3. AMENDMENT TO INTERNAL REVENUE CODE OF 1986. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS TO CANCER RESEARCH TRUST FUND ``Sec. 6098. Designation to Cancer Research Trust Fund. ``SEC. 6098. DESIGNATION TO CANCER RESEARCH TRUST FUND. ``(a) In General.--Every individual (other than a nonresident alien) may-- ``(1) designate that a portion (not less than $1) of any overpayment of the tax imposed by chapter 1 for the taxable year, and ``(2) provide that a cash contribution (not less than $1), be paid over to the Cancer Research Trust Fund in accordance with the provisions of section 404F of the Public Health Service Act. In the case of a joint return of a husband and wife, each spouse may designate one-half of any such overpayment of tax (not less than $2). ``(b) Manner and Time of Designation.--Any designation or payment under subsection (a) may be made with respect to any taxable year only at the time of filing the original return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made on the page bearing the taxpayer's signature, and in close proximity to such signature, and shall be labeled `Cancer Research Fund'. ``(c) Overpayments Treated as Refunded.--For purposes of this section, any overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last day prescribed for filing the return of tax imposed by chapter 1 (determined with regard to extensions) or, if later, the date the return is filed.'' (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Designation of overpayments and contributions to Cancer Research Trust Fund.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.", "summary": "Cancer Research Fund Act of 1997 - Amends the Public Health Service Act to establish in the Treasury the Cancer Research Trust Fund (hereafter referred to as the \"Fund\") consisting of such amounts as are credited or paid to the Fund as provided for under the Internal Revenue Code (as amended by this Act) and any interest earned on investment of amounts in the Fund. Directs the Secretary of Health and Human Services to annually make available such sums as are available in the Fund (including any amounts not obligated in previous fiscal years) to the National Institutes of Health (NIH) for the conduct of biomedical, intramural, and extramural research. Prohibits an expenditure from being made during any fiscal year in which the annual amount appropriated for NIH is less than the amount so appropriated for the prior fiscal year. Authorizes the NIH Director to distribute amounts made available among the various research institutes and centers to conduct research that the Director determines is appropriate. Requires the Director to make awards from such amounts available for research on cancer. Requires amounts provided to an institute or center to be used to supplement and not supplant other research conducted with Federal funds. (Sec. 3) Amends the Internal Revenue Code to allow every individual (other than a nonresident alien) to: (1) designate that a portion (not less than one dollar) of any overpayment of tax; and (2) provide that a cash contribution (not less than one dollar), be paid over to the Cancer Research Trust Fund in accordance with the Public Health Service Act. Allows each spouse, in the case of a joint return, to designate one-half of any such overpayment of tax (not less than two dollars)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Derivatives and Hedge Fund Regulatory Improvement Act of 2008''. SEC. 2. COORDINATED RULEMAKING. (a) Initiation of Proceedings.--Not later than 90 days after the date of enactment of this Act, the appropriate Federal banking agencies, in coordination with the Commission, after consultation with the Secretary of the Treasury and the Commodity Futures Trading Commission, shall initiate a coordinated rulemaking with respect to the entities under their respective jurisdictions that engage in transactions involving unregistered hedge funds or over-the-counter derivatives-- (1) to extend the requirements of regulations relating to the safety and soundness of the financial system applicable to mutual funds under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) to unregistered hedge funds, including-- (A) requiring the fund to disclose its policies on borrowing money and requiring a shareholder vote to change such policy, as in section 5 of that Act (15 U.S.C. 80a-5); (B) strict record keeping and reporting rules, as in section 30 of that Act (15 U.S.C. 80a-29); and (C) capital structure requirements, as in section 18 of that Act (15 U.S.C. 80a-18); (2) to provide for the regulation of over-the-counter derivatives, including credit default swaps, interest rate swaps, currency swaps, mortgage-backed securities, asset-backed securities, collateralized debt obligations, and other derivatives that are not traded on a national securities exchange or by a registered securities association, in the public interest and for the protection of investors, the stability of the financial markets, and the well-being of the economy; and (3) to prohibit insured depository institutions from trading derivatives for their own accounts. (b) Coordination, Consistency, and Comparability.--Each of the agencies and authorities referred to in subsection (a) shall consult and coordinate with the other such agencies and authorities for the purpose of assuring, to the extent possible, that the regulations by each such agency and authority are consistent and comparable with those prescribed by the other such agencies and authorities. SEC. 3. SCOPE AND DEADLINE. The appropriate Federal banking agencies and the Commission shall, not later than 12 months after the date of enactment of this Act, issue the rules required by this Act in final form that are designed-- (1) to avoid systemic risks to the financial markets; (2) to ensure safe and sound operation of banks, including by requiring the maintenance of sufficient capital levels and limits on aggregate leverage and establishing appropriate restrictions on the buying, selling, or entering into derivatives by an insured depository institution for its own account; and (3) to provide means to prevent fraudulent, deceptive, or manipulative practices. SEC. 4. AUTHORITY TO GRANT EXCEPTIONS. The regulations prescribed under this Act may allow an insured depository institution to purchase, sell, or engage in traditional hedging transactions or to purchase, sell, or engage in transactions involving de minimus interests in derivatives for the account of that institution, but only to the extent that such exceptions are consistent with the safety and soundness of such institution. SEC. 5. AGENCY AUTHORITY. The rules issued under this Act shall be enforced by the appropriate Federal banking agencies with respect to entities under their respective jurisdictions, and by the Commission with respect to any other entity that engages in transactions involving unregistered hedge funds or over-the-counter derivatives. SEC. 6. DEFINITIONS. As used in this Act-- (1) the terms ``appropriate Federal banking agency'', ``Federal banking agencies'', and ``insured depository institution'' have the same meanings as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); (2) the term ``Commission'' means the Securities and Exchange Commission; and (3) the term ``derivative''-- (A) means any financial contract or other instrument that derives its value from the value or performance of any security or other financial instrument, or of any excluded commodity (as that term is defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)); and (B) does not include-- (i) any security that is traded on a national securities exchange or on an automated interdealer quotation system sponsored by a securities association registered under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3); or (ii) any forward contract which has a maturity at a time of issuance of not longer than 270 days; (4) the term ``unregistered hedge fund''-- (A) means any pooled investment vehicle, or group or family of pooled investment vehicles, that-- (i) has total assets under management of not less than $1,000,000,000 or such other amount as is determined to be appropriate by the appropriate Federal banking agency and the Commission with respect to the entities under their respective jurisdictions; and (ii) is excepted from the definition of an investment company by paragraph (1) or (7) of section 3(c) of the Investment Company Act of 1940, or is a foreign company that would be required to obtain an order from the Commission under section 7(d) of that Act if it made a public offering of its securities by use of the mails and means or instrumentalities of interstate commerce; and (B) does not include a commodity pool operator or futures commission merchant (as such terms are defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)).", "summary": "Derivatives and Hedge Fund Regulatory Improvement Act of 2008 - Directs the appropriate federal banking agencies, with respect to the entities under their respective jurisdictions that engage in transactions involving unregistered hedge funds or over-the-counter derivatives, to initiate a coordinated rulemaking to: (1) extend to unregistered hedge funds the requirements governing the safety and soundness of the financial system applicable to mutual funds; (2) provide for the regulation of over-the-counter derivatives that are not traded on a national securities exchange or by a registered securities association (including credit default swaps, interest rate swaps, currency swaps, mortgage-backed securities, asset-backed securities, and collateralized debt obligations); and (3) prohibit insured depository institutions from trading derivatives for their own accounts. Requires the appropriate federal banking agencies and the Securities and Exchange Commission (SEC) to promulgate rules designed to: (1) avoid systemic risks to the financial markets; (2) ensure safe and sound operation of banks, including mandatory maintenance of sufficient capital levels and limits on aggregate leverage, and restrictions on buying, selling, or entering into derivatives by an insured depository institution for its own account; and (3) provide means to prevent fraudulent, deceptive, or manipulative practices."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Security Enforcement Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Rural, high-trafficked areas.--The term ``rural, high- trafficked areas'' means rural areas through which drugs and undocumented aliens are routinely smuggled, as designated by the Commissioner of U.S. Customs and Border Protection. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (3) Tucson sector border.--The term ``Tucson Sector border'' means the 262-mile section of international border between the United States and Mexico that-- (A) begins in Yuma County, Arizona; and (B) ends at the State boundary line between Arizona and New Mexico. (4) Yuma sector border.--The term ``Yuma Sector border'' means the 110-mile section of international border between the United States and Mexico that-- (A) begins in Pima County, Arizona; and (B) ends at the State boundary line between Arizona and California. SEC. 3. PERSONNEL ENHANCEMENTS. (a) National Guard.-- (1) Deployment.--In accordance with section 328 of title 32, United States Code, the Governor of Arizona, with the consent of the Secretary of Defense, may-- (A) order 3,000 members of the Arizona National Guard and other National Guard units to perform Active Guard and Reserve duty, by immediately deploying along the Tucson Sector border and the Yuma Sector border; and (B) construct and maintain appropriate surveillance platforms to facilitate such deployment. (2) Certification.--The deployment described in paragraph (1) shall continue until the Governor of Arizona certifies, in consultation with State, local, and tribal law enforcement, that the Federal Government has achieved operational control of the Tucson Sector border and the Yuma Sector border. (b) United States Customs and Border Protection.--Not later than January 1, 2015, the Secretary shall increase the number of trained Border Patrol agents stationed along the Tucson Sector border and the Yuma Sector border by 3,000, compared to the number of agents at such locations as of the date of the enactment of this Act. The Secretary shall make progress in increasing such number of trained Border Patrol agents during each of the years 2010 through 2015. (c) Hardship Duty Pay.--In addition to compensation to which Border Patrol agents are otherwise entitled, Border Patrol agents who are assigned to rural, high-trafficked areas shall be entitled to receive hardship duty pay, in an amount determined by the Commissioner, Customs and Border Protection, which may not exceed the rate of special pay to which members of a uniformed service are entitled under section 310 of title 37, United States Code. SEC. 4. ENHANCING EXISTING BORDER SECURITY OPERATIONS. (a) Operation Streamline.--There are authorized to be appropriated to the Department of Homeland Security, for each of fiscal years 2010 through 2020, such sums as may be necessary-- (1) to fully implement Operation Streamline along the Tucson Sector border and the Yuma Sector border; and (2) to reimburse State, local, and tribal law enforcement for any detention costs related to such implementation. (b) Operation Stonegarden.-- (1) Authorization of appropriations.--There are authorized to be appropriated to the Federal Emergency Management Agency, for each of the fiscal years 2010 through 2020, $100,000,000, which shall be used to enhance law enforcement preparedness and operational readiness along the borders of the United States through Operation Stonegarden. (2) Allocation.--Of the amounts appropriated pursuant to paragraph (1), not less than 90 percent shall be allocated for grants and reimbursement to law enforcement agencies in the States bordering Mexico for personnel, overtime, travel, and other costs related to illegal immigration and drug smuggling along the international border between the United States and Mexico. (c) Infrastructure Improvements.-- (1) Border patrol stations.--The Secretary shall-- (A) construct additional Border Patrol stations along the Tucson Sector border, as needed, to provide full operational support in rural, high-trafficked areas; and (B) analyze the feasibility of creating an additional Border Patrol sector in eastern Arizona and western New Mexico to interrupt drug trafficking operations. (2) Forward operating bases.--The Secretary shall enhance the security of the Tucson Sector border by-- (A) establishing at least 6 additional permanent forward operating bases for the Border Patrol; (B) upgrading the existing forward operating bases to include modular buildings, electricity, and potable water; and (C) ensuring that forward operating bases surveil and interdict individuals entering the United States unlawfully immediately after such an individual crosses the international border into the United States. (3) Checkpoints.--The Secretary shall-- (A) complete the construction of a permanent checkpoint near Tubac, Arizona; and (B) deploy additional temporary roving checkpoints along the Tucson Sector border and the Yuma Sector border. (4) Border fence.--Section 102(b)(1)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended-- (A) by inserting ``, not later than December 31, 2011,'' after ``shall''; and (B) by adding at the end the following: ``The Secretary shall construct double- and triple-layer fencing at appropriate locations along the Tucson Sector border and the Yuma Sector border, as determined by the Secretary, after consultation with State, tribal, and local law enforcement agencies.''. (5) Authorization of appropriations.--There are authorized to be appropriated, for each of fiscal years 2010 through 2020, such sums as may be necessary to carry out this subsection. SEC. 5. MOBILE SURVEILLANCE. (a) Enhancements.--The Commissioner, Customs and Border Protection, shall-- (1) deploy additional mobile surveillance systems and unmanned aerial vehicles along the Tucson Sector border and the Yuma Sector border as necessary to provide 24-hour operation and surveillance; (2) operate unmanned aerial vehicles along such borders for 24 hours per day and for 7 days per week; (3) deploy additional fixed-wing aircraft and helicopters along such borders; and (4) increase horse patrols along the Tucson Sector border. (b) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated to United States Customs and Border Protection $50,000,000 to carry out the activities under subsection (a). SEC. 6. ACCESS TO EMERGENCY PERSONNEL. (a) Southwest Border Emergency Communications Grants.-- (1) In general.--The Secretary, in consultation with the Governor of Arizona, shall establish a 2-year grant program, to be administered by the State of Arizona, to improve emergency communications along the Tucson Sector border and the Yuma Sector border. (2) Eligibility for grants.--An individual is eligible to receive a grant under this subsection if the individual demonstrates that he or she-- (A) regularly resides or works near the Tucson Sector border or the Yuma Sector border; (B) is at greater risk of border violence due to the lack of cellular service at his or her residence or business and his or her proximity to such border. (3) Use of grants.--Grants awarded under this subsection may be used to purchase satellite telephone communications systems and service that-- (A) can provide access to 911 service; and (B) are equipped with global positioning systems. (4) Annual reports.--The Governor of Arizona shall submit an annual report to the Secretary on activities carried out with grant funds awarded under this subsection during the previous year. Each such report shall include a description of such activities and an assessment of the effectiveness of such activities. (5) Authorization of appropriations.--There is authorized to be appropriated $3,000,000 to carry out the grant program established under this subsection. (b) Interoperable Communications for Law Enforcement.-- (1) Federal law enforcement.--There is authorized to be appropriated $35,000,000 to the Department of Justice-- (A) to purchase P-25 compliant radios, which may include a multi-band option, for Federal law enforcement agents working in Arizona in support of the activities of United States Customs and Border Protection and United States Immigration and Customs Enforcement, including agents of the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives; and (B) to upgrade the communications network of the Department of Justice to ensure coverage and capacity, particularly when immediate access is needed in times of crisis, along the Tucson Sector border and the Yuma Sector border for appropriate law enforcement personnel of the Department of Justice (including the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives), the Department of Homeland Security (including United States Immigration and Customs Enforcement and United States Customs and Border Protection), other Federal agencies, the State of Arizona, tribes, and local governments. (2) State and local law enforcement.-- (A) Authorization of appropriations.--There is authorized to be appropriated $35,000,000 to the Department of Justice to purchase P-25 compliant radios, which may include a multi-band option, for State and local law enforcement agents working in Santa Cruz, Pima, Cochise, Yuma, Pinal, Maricopa, or Graham County in the State of Arizona. (B) Access to federal spectrum.--If a State, tribal, or local law enforcement agency in Arizona experiences an emergency situation that necessitates immediate communication with the Department of Justice, the Department of Homeland Security, or any of their respective subagencies, such law enforcement agency shall have access to the spectrum assigned to such Federal agency for the duration of such emergency situation. SEC. 7. FINANCIAL ASSISTANCE FOR STATES AND LOCAL GOVERNMENTS. (a) State Criminal Alien Assistance Program.-- (1) Reimbursement required.--The Attorney General shall fully reimburse States and local governments for the costs incurred by such governments to incarcerate aliens convicted of criminal activity while unlawfully present in the United States, in accordance with section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1251(i)). (2) Authorization of appropriations.--Section 241(i)(5)(C) of the Immigration and Nationality Act (8 U.S.C. 1251(i)(5)(C)) is amended by striking ``2011'' and inserting ``2020''. (b) Southwest Border Prosecution Initiative.-- (1) Reimbursement to state and local prosecutors for federally initiated criminal cases.--Subject to the availability of appropriations, the Attorney General shall reimburse State, county, tribal, and municipal governments for costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local offices of the United States Attorneys. (2) Authorization of appropriations.--There is authorized to be appropriated $50,000,000 for each of the fiscal years 2008 through 2020 to carry out paragraph (1). SEC. 8. MAGISTRATE JUDGE. The judges of the United States District Court for the District of Arizona shall appoint 1 full-time magistrate judge, who shall have the authority to hear all cases and controversies in Cochise County, Arizona.", "summary": "Border Security Enforcement Act of 2010 - Authorizes the Governor of Arizona to: (1) order 3,000 members of the Arizona National Guard and other National Guard units to perform Active Guard and Reserve duty by immediately deploying along the Tucson Sector border and the Yuma Sector border; and (2) construct and maintain related surveillance platforms. Directs such deployment's continuation until the Governor of Arizona certifies that the federal government has achieved operational control of the Tucson Sector and the Yuma Sector borders. Directs the Secretary of Homeland Security (DHS) to increase, by January 1, 2015, the number of Border Patrol agents stationed along the Tucson Sector and the Yuma Sector borders by 3,000. Authorizes appropriations for: (1) DHS to implement Operation Streamline along the Tucson Sector and the Yuma Sector borders and reimburse state, local, and tribal law enforcement for related detention costs; and (2) the Federal Emergency Management Agency (FEMA) to enhance law enforcement readiness along the U.S. borders through Operation Stonegarden. Directs the Secretary to: (1) make specified enhancements to the Tucson Sector border; (2) analyze the feasibility of creating an additional Border Patrol sector in eastern Arizona and western New Mexico to interrupt drug trafficking operations; (3) construct a permanent checkpoint near Tubac, Arizona, and operate roving checkpoints along the Tucson Sector and the Yuma Sector borders; and (4) establish a two-year grant program, to be administered by Arizona, to improve emergency communications along the Tucson Sector and the Yuma Sector borders. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary to: (1) complete the required 700 mile southwest border fencing by December 31, 2011; and (2) construct double- and triple-layer fencing at appropriate locations along the Tucson Sector and the Yuma Sector borders. Provides for additional mobile surveillance systems and unmanned aerial vehicles along the Tucson Sector and the Yuma Sector borders. Authorizes appropriations for: (1) purchases and upgrades of law enforcement communications equipment; (2) the state criminal alien assistance program; and (3) reimbursement of state, county, tribal, and municipal costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local U.S. Attorneys' offices."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Deadly Driver Reduction Act''. SEC. 2. NATIONAL MINIMUM SENTENCES FOR INDIVIDUALS CONVICTED OF OPERATING MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF ALCOHOL. (a) In General.--Section 164 of title 23, United States Code, is amended to read as follows: ``Sec. 164. National minimum sentences for individuals convicted of operating motor vehicles while under the influence of alcohol ``(a) Definitions.--In this section: ``(1) Blood alcohol concentration.--The term `blood alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. ``(2) Driving under the influence.--The term `driving under the influence' means operating a motor vehicle while having a blood alcohol concentration above the limit established by the State in which the motor vehicle is operated. ``(3) Motor vehicle.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle. ``(4) Operate.--The term `operate', with respect to a motor vehicle, means to drive or be in actual physical control of the motor vehicle. ``(b) Withholding of Apportionments for Noncompliance.-- ``(1) Fiscal year 2003.--The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 2002, if the State does not meet the requirements of paragraph (3) on that date. ``(2) Subsequent fiscal years.--The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 2003, and on October 1 of each fiscal year thereafter, if the State does not meet the requirements of paragraph (3) on that date. ``(3) Requirements.-- ``(A) In general.--A State meets the requirements of this paragraph if the State has enacted and is enforcing a law that provides for a minimum sentence consistent with the following and with subparagraph (B): ``(i) Except as provided in clause (ii), in the case of the first conviction of an individual for driving under the influence, a sentence requiring-- ``(I) revocation of the individual's driver's license for 6 months; ``(II) payment of a $500 fine by the individual; and ``(III)(aa) an assessment of the individual's degree of alcohol abuse; and ``(bb) appropriate treatment. ``(ii) In the case of the first conviction of an individual for operating a motor vehicle with a blood alcohol concentration of .16 or greater, a sentence requiring-- ``(I) revocation of the individual's driver's license for 6 months, or for 2 years if, at the time of arrest, the individual refused to take a breath test to determine the individual's blood alcohol concentration; ``(II) imposition of a requirement on the individual prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for 5 years; ``(III) impoundment or immobilization of the individual's motor vehicle for 30 days; ``(IV) imposition of a requirement on the individual requiring the installation of an ignition interlock system on the individual's motor vehicle for 180 days; ``(V) payment of a $750 fine by the individual; ``(VI) 10 days of imprisonment of, or 60 days of community service by, the individual; and ``(VII)(aa) an assessment of the individual's degree of alcohol abuse; and ``(bb) appropriate treatment. ``(iii) Except as provided in clause (iv), in the case of the second conviction of an individual for driving under the influence, a sentence requiring-- ``(I) revocation of the individual's driver's license for 1 year, or for 2 years if, at the time of arrest, the individual refused to take a breath test to determine the individual's blood alcohol concentration; ``(II) imposition of a requirement on the individual prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for 5 years; ``(III) impoundment or immobilization of the individual's motor vehicle for 60 days; ``(IV) imposition of a requirement on the individual requiring the installation of an ignition interlock system on the individual's motor vehicle for 1 year; ``(V) payment of a $1,000 fine by the individual; ``(VI) 10 days of imprisonment of, or 60 days of community service by, the individual; and ``(VII)(aa) an assessment of the individual's degree of alcohol abuse; and ``(bb) appropriate treatment. ``(iv) In the case of the third or subsequent conviction of an individual for driving under the influence, or in the case of a second such conviction if the individual's first such conviction was a conviction described in clause (ii), a sentence requiring permanent revocation of the individual's driver's license. ``(B) Revocations.--A revocation of a driver's license under subparagraph (A) shall not be subject to any exception or condition, including an exception or condition to avoid hardship to any individual. ``(c) Period of Availability; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.-- ``(A) Funds withheld on or before september 30, 2004.--Any funds withheld under subsection (b) from apportionment to any State on or before September 30, 2004, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(B) Funds withheld after september 30, 2004.--No funds withheld under this section from apportionment to any State after September 30, 2004, shall be available for apportionment to the State. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (b) from apportionment are to remain available for apportionment to a State under paragraph (1)(A), the State meets the requirements of subsection (b)(3), the Secretary shall, on the first day on which the State meets the requirements, apportion to the State the funds withheld under subsection (b) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.-- ``(A) In general.--Any funds apportioned under paragraph (2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned. ``(B) Treatment of certain funds.--Any funds apportioned under paragraph (2) that are not obligated at the end of the period referred to in subparagraph (A) shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (b) from apportionment are available for apportionment to a State under paragraph (1)(A), the State does not meet the requirements of subsection (b)(3), the funds shall lapse.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by striking the item relating to section 164 and inserting the following: ``164. National minimum sentences for individuals convicted of operating motor vehicles while under the influence of alcohol.''.", "summary": "Deadly Driver Reduction Act - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2003, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that provides the following minimum sentences: (1) for a first conviction of operating a motor vehicle while under the influence of alcohol, revocation of the driver's license for six months, imposition of a $500 fine, and an assessment of the individual's degree of alcohol abuse and appropriate treatment; (2) for a first conviction of operating a motor vehicle with a blood alcohol concentration of .16 or greater, revocation of the individual's license for six months, or two years if the individual refused to take a breath test to determine the individual's blood alcohol concentration, imposition of a requirement prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for five years, impoundment or immobilization of the individual's motor vehicle for 30 days, requiring the installation of an ignition interlock system on the individual's motor vehicle for 180 days, imposition of a $750 fine, ten days' imprisonment or 60 days' community service, and assessment of the individual's degree of alcohol abuse and appropriate treatment; (3) for a third conviction for operating a motor vehicle while under the influence of alcohol, revocation of license for one year, or two years if the individual refused to take a breath test, imposition of a requirement prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for five years, impoundment or immobilization of the individual's motor vehicle for 60 days, requiring the installation of an ignition interlock system on the individual's motor vehicle for one year, imposition of a $1,000 fine, ten days' imprisonment or 60 days' community service, and assessment of the individual's degree of alcohol abuse and appropriate treatment; and (4) for a third or subsequent conviction for operating a motor vehicle while under the influence of alcohol or for a second such conviction if the individual's first conviction was for operating a motor vehicle with a blood alcohol concentration of .16 or greater, permanent revocation of the individual's license (without exception). Allows funds withheld from a State during FY 2003 to be available for up to three fiscal years after such date (to allow a State to meet such requirement within such period), but allows no grace period with respect to funds withheld during the subsequent fiscal years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Kosova Peace and Democracy Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) The political rights of the Albanian majority in Kosova were curtailed in 1989 when the former Yugoslav Government in Belgrade illegally amended the Yugoslav federal constitution, revoking Kosova's autonomous status. (2) In September 1990, a referendum on the question of independence for Kosova was held in which 87 percent of those eligible to participate voted, and 99 percent of those voting supported independence for Kosova. (3) In May 1992, a Kosovar national parliament was elected and Dr. Ibrahim Rugova was overwhelmingly elected President of the Republic of Kosova. (4) The government in Belgrade has not allowed the new Kosovar government to assemble on Kosovar territory. (5) Credible reports of Serbian ``ethnic cleansing'' in Kosova have been received by the United Nations Special Rapporteur on Human Rights, and Serbian leader Slobodan Milosevic has called for the transfer of ethnic Albanians from their homes in Kosova to areas outside of Kosovar territory and their replacement by Serbs. (6) Since 1990, tens of thousands of Kosovars of Albanian origin have been dismissed from their jobs solely on the basis of their ethnicity. (7) Reports of brutal beatings of ethnic Albanians in Kosova by the mostly Serbian police are received almost daily. (8) The government in Belgrade has severely restricted the access of ethnic Albanians in Kosova to all levels of education solely on the basis of their ethnicity. (9) All forms of the media in Kosova, especially those in the Albanian language, are strictly controlled by the government in Belgrade and dissenting political views are systematically deleted from all forms of the media. (10) Under the ``Special Measures'' decree adopted in 1991, the government in Belgrade intentionally undermined the independent character of the judiciary of Kosova by dismissing hundreds of ethnic Albanian judges, replacing them with Serbs or Montenegrins, and changing the official court language to Serbian, which is not native to the Albanian majority. (11) Those expressing political views in opposition to the current government are frequently jailed and tortured while in prison by Serbian authorities, and occasional deaths of detainees have been reported. (12) Conference on Security and Cooperation in Europe observers dispatched to Kosova in 1991, were expelled by the government in Belgrade in July 1993. (13) Following the departure of such observers, several international human rights organizations, including Amnesty International, Human Rights Watch, and the Helsinki Federation for Human Rights, have documented an increase in humanitarian abuses in Kosova. (14) The economy of Kosova is under severe pressure caused by the combination of the closing of small businesses by Serbian authorities and the effect of international sanctions. (15) Radio Free Europe recently began broadcasts to the former Yugoslavia in Serbian and Croatian, but not in Albanian. (16) Congress has provided for the opening of a United States Information Agency cultural center in Prishtina, Kosova, in section 223 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, but security conditions have prevented the establishment of such center. (17) The closing of the airport in Prishtina, Kosova, represents an obstacle to the delivery of humanitarian goods into Kosova and a barrier to a return to normalcy. (18) The President has explicitly warned the government in Belgrade that ``in the event of conflict in Kosova caused by Serbian action, the United States will be prepared to employ military force against the Serbs in Kosova and in Serbia proper.''. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) ``ethnic cleansing'' and other acts of repression against the citizens of Kosova by the government in Belgrade must be halted immediately; (2) members of the elected government of Kosova should be allowed to assemble and exercise their legitimate mandate as elected representatives of the people of Kosova; (3) all individuals in Kosova whose employment was terminated on the basis of their ethnicity should be reinstated to their previous positions immediately; (4) the education system in Kosova should be reopened to all residents of Kosova regardless of ethnicity, and the majority ethnic Albanian population should be allowed to be educated in its native tongue; (5) all decrees undermining the autonomous and indigenous character of the Kosovar bar and judiciary should be reversed; (6) the right of the press and all forms of media in Kosova, including those in the Albanian language, relating to freedom of expression should be respected; (7) Conference on Security and Cooperation in Europe observers, expelled by the government in Belgrade in July 1993, should be readmitted to Kosova and their numbers expanded; (8) the United Nations should dispatch observers to Kosova to monitor human rights and to limit violence; (9) the airport in Prishtina, Kosova should be reopened; (10) the United States Information Agency should open a cultural center in Prishtina, Kosova, as provided in section 223 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, as soon as possible; (11) the ``no-fly-zone'', currently covering Bosnia, should be expanded to cover Kosova; (12) the United States should reiterate warnings to the government in Belgrade that it is prepared to respond with all necessary means in the event that Serbia expands the military conflict into Kosova; and (13) the North Atlantic Treaty Organization should develop plans to halt the spread of the Balkan conflict to Kosova. SEC. 4. PROHIBITION ON LIFTING OF SANCTIONS AGAINST SERBIA AND MONTENEGRO UNTIL CERTAIN CONDITIONS MET. (a) Codification of Executive Branch Sanctions.--The sanctions imposed on Serbia and Montenegro, as in effect on the date of the enactment of this Act, that were imposed by or pursuant to the following directives of the executive branch shall (except as provided under subsection (e)) remain in effect until the President certifies to the Congress that the conditions described in subsection (d) have been met: (1) Executive Order 12808 of May 30, 1992, as continued in effect on May 25, 1993. (2) Executive Order 12810 of June 5, 1992. (3) Executive Order 12831 of January 15, 1993. (4) Executive Order 12846 of April 25, 1993. (5) Department of State Public Notice 1427, effective July 11, 1991. (6) Proclamation 6389 of December 5, 1991 (56 Fed. Register 64467). (7) Department of Transportation Order 92-5-38 of May 20, 1992. (8) Federal Aviation Administration action of June 19, 1992 (14 C.F.R. Part 91). (b) Prohibition on Assistance.--No funds appropriated or otherwise made available by law may be obligated or expended on behalf of the government of Serbia or the government of Montenegro until the President certifies to the Congress that the conditions described in subsection (d) have been met. (c) International Financial Institutions.--The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance from that institution to the government of Serbia or the government of Montenegro, except for basic human needs, until the President certifies to the Congress that the conditions described in subsection (d) have been met. (d) Conditions Described.--The conditions described in this subsection are the following: (1) There is substantial progress toward the restoration of the independent identity and autonomy of Kosova. (2) There is substantial improvement in the human rights situation in Kosova, including improvement in those factors listed in paragraphs (5) through (11) of section 2. (3) International human rights observers are allowed to return to Kosova. (4) The elected government of Kosova is permitted to meet and carry out its legitimate mandate as elected representatives of the people of Kosova. (e) Waiver Authority.-- (1) In general.--The President may waive or modify the application, in whole or in part, of any sanction described in subsection (a), the prohibition in subsection (b), or the requirement in subsection (c). (2) Certification.--Such a waiver or modification may only be effective upon certification by the President to Congress that the President has determined that the waiver or modification is necessary-- (A) to meet emergency humanitarian needs; or (B) to achieve a negotiated settlement of the conflict in Kosova that is acceptable to the parties. SEC. 5. PROGRAMMING BY RADIO FREE EUROPE AND RADIO LIBERTY IN THE ALBANIAN LANGUAGE TO KOSOVA, THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA, AND OTHER AREAS. Not later than 3 months after the date of enactment of this Act, the Chairman of the Board for International Broadcasting shall submit to the Congress a plan, together with a detailed budget, for the establishment of a surrogate home service under the auspices of Radio Free Europe/Radio Liberty for Albanian populations living in Kosova and other areas of the former Yugoslavia. Such service shall be in the Albanian language and shall be broadcast not less than one hour per day.", "summary": "Kosova Peace and Democracy Act of 1994 - Expresses the sense of the Congress with respect to ethnic relations and human rights in Kosova. Continues specified sanctions imposed against Serbia and Montenegro until the President certifies to the Congress that: (1) there is progress toward restoration of the independent identity and autonomy of Kosova; (2) there is improvement in the human rights situation in Kosova; (3) international human rights observers are allowed to return to Kosova; and (4) the elected government of Kosova is permitted to meet. Prohibits any funding on behalf of Serbia and Montenegro until such conditions have been met. Directs the Secretary of the Treasury to instruct the U.S. executive directors of the international financial institutions to oppose assistance to Serbia or Montenegro, except for basic human needs, until such conditions have been met. Authorizes the President to waive or modify such sanctions, prohibitions, or conditions if necessary to meet emergency humanitarian needs or achieve a settlement of the conflict in Kosova acceptable to the parties. Directs the Chairman of the Board for International Broadcasting to submit a plan and a budget for the establishment of a surrogate home service under the auspices of Radio Free Europe/Radio Liberty for Albanian populations living in Kosova and other areas of the former Yugoslavia."}
{"article": "SECTION 1. TERMINATION OF TOBACCO PRICE SUPPORT AND MARKETING QUOTAS. (a) Termination of Tobacco Price Support.--The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) is amended-- (1) in section 101 (7 U.S.C. 1441)-- (A) in subsection (a), by striking ``tobacco (except as otherwise provided herein), corn,'' and inserting ``corn''; (B) by striking subsection (c); and (C) in subsection (d)(3), by striking ``, except tobacco,''; (2) by striking section 106 (7 U.S.C. 1445); (3) by striking section 106A (7 U.S.C. 1445-1); (4) by striking section 106B (7 U.S.C. 1445-2); and (5) in section 408 (7 U.S.C. 1428)-- (A) in subsection (c), by striking ``tobacco,''; and (B) in subsection (d), by adding before the period at the end the following: ``or tobacco''. (b) Termination of Tobacco Marketing Quotas.--Part I (sections 311 through 320B) of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311-1316) is repealed. (c) Conforming Amendments.--(1) Section 3 of Public Law 98-59 (7 U.S.C. 625) is repealed. (2) The Agricultural Adjustment Act of 1938 is further amended-- (A) in section 301(b) (7 U.S.C. 1301(b))-- (i) by striking paragraphs (3)(C), (10)(B), (14)(B), (14)(C), (14)(D), (15), (16)(B), and (17); (ii) in paragraph (6)(A), by striking ``tobacco,'' (iii) in the undesignated subparagraphs in paragraph (7), by striking ``Tobacco (flue-cured), July 1-June 30; ``Tobacco (other than flue-cured), October 1- September 30;'' (iv) in paragraph (11)(B), by striking ``and tobacco''; and (v) in paragraph (12), by striking ``tobacco,''; (B) in section 303 (7 U.S.C. 1303), by striking ``rice, or tobacco'' and inserting ``or rice''; and (C) in section 372(b) (7 U.S.C. 1372(b)), by striking ``Except as provided in section 320B, the amount'' in the third sentence and inserting ``The amount''. (3) Section 703 of Public Law 89-321 (7 U.S.C. 1316; 79 Stat. 1210) is amended by striking the second sentence. (4) The Act of July 12, 1952 (7 U.S.C. 1315; Chapter 709; 66 Stat. 597), is repealed. (d) Effective Date and Application of Amendments.--The amendments made by this section shall take effect on January 1, 1995. Beginning on that date, the Secretary of Agriculture shall terminate all loan agreements entered into with tobacco producer associations under section 106A of the Agricultural Adjustment Act of 1938 and provide for the disposal of all funds in the No Net Cost Tobacco Fund of those associations and the No Net Cost Tobacco Account of the Commodity Credit Corporation. (e) Continued Liability of Producers.--An amendment made by this section shall not affect the liability of any person under any provision of law as in effect before the effective date of this section. SEC. 2. DISALLOWANCE OF DEDUCTION FOR CERTAIN ADVERTISING EXPENSES FOR TOBACCO PRODUCTS. (a) Deduction Disallowed.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following new section: ``SEC. 280I. DISALLOWANCE OF DEDUCTION FOR CERTAIN ADVERTISING EXPENSES FOR TOBACCO PRODUCTS. ``(a) In General.--No deduction otherwise allowable under this chapter shall be allowed for any amount paid or incurred as a consumer sales promotion for any tobacco product. ``(b) Consumer Sales Promotion.--For purposes of this section, the term `consumer sales promotion' means any of the following: ``(1) All radio and television commercials, newspaper and magazine advertisements, billboards, posters, signs, decals, matchbook advertising, advertising in movie theaters, and point-of-purchase display material (except price information) used for-- ``(A) promoting the sale of tobacco and tobacco products, or ``(B) informing or influencing the general public (or any segment thereof) with respect to tobacco and tobacco products. ``(2) Any of the following incurred or provided primarily for purposes described in paragraph (1): ``(A) Travel expenses (including meals and lodging). ``(B) Any amount attributable to goods or services of a type generally considered to constitute entertainment, amusement, or recreation or to the use of a facility in connection with the providing of such goods or services. ``(C) Gifts. ``(D) Other promotion expenses. ``(3) Advertising promotion allowances. ``(4) Premiums and samples. ``(5) Sponsorships of athletic, artistic, or other events under the registered brand name of a tobacco product unless the brand name is the name of a corporation in existence on July 1, 1994. ``(6) Marketing of nontobacco products or services bearing the registered brand name or logo of a tobacco product unless the brand name is the name of a corporation in existence on July 1, 1994. ``(7) Displaying the registered brand name or logo of a tobacco product on cars, boats, animals, or other sporting equipment or on nontobacco products or services which are sold unless the brand name is the name of a corporation in existence on July 1, 1994. ``(8) Payment to have a registered brand name of a tobacco product appear in a movie or play unless the brand name is the name of a corporation in existence on July 1, 1994. ``(c) Tobacco Product.--For purposes of this section, the term `tobacco product' means cigarettes, cigars, smokeless tobacco, pipe tobacco, or any similar tobacco product. For purposes of the preceding sentence, the terms `cigarette', `cigar', and `smokeless tobacco' have the respective meanings given to such terms by section 5702.'' (b) Conforming Amendment.--The table of sections for such part IX is amended by adding at the end thereof the following new item: ``Sec. 280I. Disallowance of deduction for certain advertising expenses for tobacco products.'' (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 3. ESTABLISHMENT OF ANTI-TOBACCO USE TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9512. ANTI-TOBACCO USE TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Anti-Tobacco Use Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Anti-Tobacco Use Trust Fund amounts equivalent to 50 percent of the increase in revenues to the Treasury attributable to section 280I (relating to disallowance of deduction for certain advertising expenses for tobacco products). ``(c) Anti-Drugs in Schools Account.-- ``(1) In general.--There is established in the Anti-Tobacco Use Trust Fund a separate account to be known as the `Anti- Drugs in Schools Account' consisting of such amounts as may be transferred or credited to such account as provided in this section or section 9602(b). ``(2) Transfers to account.--The Secretary of the Treasury shall transfer to the Anti-Drugs in Schools Account amounts equivalent to 50 percent of the amounts appropriated to the Anti-Tobacco Use Trust Fund under subsection (b). ``(3) Expenditures from account.--Amounts in the Anti-Drugs in Schools Account shall be available, as provided in appropriation Acts, for making expenditures for purposes of carrying out the programs developed under title V of the Elementary and Secondary Education Act of 1965. ``(d) Anti-Tobacco Use Advertising Account.-- ``(1) In general.--There is established in the Anti-Tobacco Use Trust Fund a separate account to be known as the `Anti- Tobacco Use Advertising Account', consisting of such amounts as may be transferred or credited to such account as provided in this section or section 9602(b). ``(2) Transfers to account.--The Secretary of the Treasury shall transfer to the Anti-Tobacco Use Advertising Account amounts equivalent to 50 percent of the amounts appropriated to the Anti-Tobacco Use Trust Fund under subsection (b). ``(3) Expenditures from account.--Amounts in the Anti- Tobacco Use Advertising Account shall be available, as provided in appropriation Acts, for purposes of the program carried out under section 1709 of the Public Health Service Act.'' (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end thereof the following new item: ``Sec. 9512. Anti-Tobacco Use Trust Fund.'' SEC. 4. ESTABLISHMENT OF ANTI-TOBACCO ADVERTISING CAMPAIGN. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following section: ``anti-tobacco use advertising campaign ``Sec. 1709. With amounts available under section 9512(d) of the Internal Revenue Code of 1986 (relating to the Anti-Tobacco Use Trust Fund), the Secretary shall carry out a program of advertising to educate the public on the risks to health that result from the use of tobacco products.''.", "summary": "Amends the Agricultural Act of 1949 to terminate the tobacco price support program. Amends the Agricultural Adjustment Act of 1938 to terminate the tobacco marketing quota program. Amends the Internal Revenue Code to disallow the deduction for certain advertising expenses for tobacco products. Establishes in the Treasury the Anti-Tobacco Use Trust Fund. Establishes in the Fund: (1) the Anti-Drugs in Schools Account; and (2) the Anti-Tobacco Use Advertising Account. Transfers to the Fund and the Accounts specified revenues resulting from the tobacco advertising deduction disallowance. Amends the Public Health Service Act to establish a public education program about the health risks of tobacco products."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Marriage Penalty Relief Act of 2003''. SEC. 2. ACCELERATION OF MARRIAGE PENALTY RELIEF PROVISIONS. (a) Elimination of Marriage Penalty in Standard Deduction.-- (1) In general.--Paragraph (2) of section 63(c) of the Internal Revenue Code of 1986 (relating to standard deduction) is amended-- (A) by striking ``$5,000'' in subparagraph (A) and inserting ``200 percent of the dollar amount in effect under subparagraph (C) for the taxable year''; (B) by adding ``or'' at the end of subparagraph (B); (C) by striking ``in the case of'' and all that follows in subparagraph (C) and inserting ``in any other case.''; and (D) by striking subparagraph (D). (2) Technical amendments.-- (A) Subparagraph (B) of section 1(f)(6) of such Code is amended by striking ``(other than with'' and all that follows through ``shall be applied'' and inserting ``(other than with respect to sections 63(c)(4) and 151(d)(4)(A)) shall be applied''. (B) Paragraph (4) of section 63(c) of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to the amount referred to in paragraph (2)(A).''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2002. (b) Elimination of Marriage Penalty in 15-Percent Bracket.-- (1) In general.--Section 1(f) of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by adding at the end the following new paragraph: ``(8) Elimination of marriage penalty in 15-percent bracket.-- ``(A) In general.--With respect to taxable years beginning after December 31, 2002, in prescribing the tables under paragraph (1)-- ``(i) the maximum taxable income in the 15- percent rate bracket in the table contained in subsection (a) (and the minimum taxable income in the next higher taxable income bracket in such table) shall be 200 percent of the maximum taxable income in the 15-percent rate bracket in the table contained in subsection (c) (after any other adjustment under this subsection), and ``(ii) the comparable taxable income amounts in the table contained in subsection (d) shall be \\1/2\\ of the amounts determined under clause (i). ``(B) Rounding.--If any amount determined under subparagraph (A)(i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (2) Technical amendments.-- (A) Subparagraph (A) of section 1(f)(2) of such Code is amended by inserting ``except as provided in paragraph (8),'' before ``by increasing''. (B) The heading for subsection (f) of section 1 is amended by inserting ``Elimination of Marriage Penalty in 15-Percent Bracket;'' before ``Adjustments''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2002. (c) Marriage Penalty Relief for Earned Income Credit.-- (1) Increased phaseout amount.-- (A) In general.--Section 32(b)(2)(B) of the Internal Revenue Code of 1986 (relating to amounts) is amended by striking ```increased by--'' and all that follows and inserting ``increased by $3,000.''. (B) Inflation adjustment.--Paragraph (1)(B)(ii) of section 32(j) of such Code (relating to inflation adjustments) is amended to read as follows: ``(ii) in the case of the $3,000 amount in subsection (b)(2)(B), by substituting `calendar year 2003' for `calendar year 1992' in subparagraph (B) of such section 1.''. (C) Effective date.--The amendments made by this paragraph shall apply to taxable years beginning after December 31, 2002. (2) Expansion of mathematical error authority.-- (A) In general.--Paragraph (2) of section 6213(g) of such Code is amended by striking ``and'' at the end of subparagraph (K), by striking the period at the end of subparagraph (L) and inserting ``, and'', and by inserting after subparagraph (L) the following new subparagraph: ``(M) the entry on the return claiming the credit under section 32 with respect to a child if, according to the Federal Case Registry of Child Support Orders established under section 453(h) of the Social Security Act, the taxpayer is a noncustodial parent of such child.''. (B) Effective date.--The amendment made by this paragraph shall take effect on January 1, 2003. (d) Conforming Amendments.-- (1) Repeal of amendments.--Sections 301, 302, and 303(g) of the Economic Growth and Tax Relief Reconciliation Act of 2001 are repealed. (2) Repeal of sunset.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to section 303 (other than subsection (g) of such section) of such Act (relating to marriage penalty relief).", "summary": "Marriage Penalty Relief Act of 2003 - Amends the Internal Revenue Code (IRC) to provide that the basic standard deduction on a joint return shall be equal to 200 percent of the dollar amount of an individual who is not married.Makes the maximum taxable income in the lowest joint bracket equal to double the maximum taxable income in the lowest single filer bracket.Increases the earned income credit phaseout amount on a joint return by $3,000."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Repatriate Our Patriots Act''. SEC. 2. DEFINITION. In this Act, the term ``special veteran'' means an individual who is an alien and is described in section 101(2) of title 38, United States Code, except the term-- (1) only includes individuals who were discharged or released from the Armed Forces under honorable conditions; (2) does not include individuals who have been convicted of voluntary manslaughter, murder, rape, sexual abuse of a minor, or any offense under chapter 113B of title 18, United States Code (relating to terrorism); and (3) does not include individuals who have been determined to be a child abuser or a pedophile. SEC. 3. PROTECTING SPECIAL VETERANS FROM REMOVAL. Notwithstanding any other provision of law, including section 237 of the Immigration and Nationality Act (8 U.S.C. 1227), a special veteran shall not be removed from the United States. SEC. 4. NATURALIZATION FOR SPECIAL VETERANS. (a) In General.--Notwithstanding any other provision of law, a special veteran shall be naturalized as a citizen of the United States upon the filing of the appropriate application, paying the appropriate fees, and, except as provided in subsection (b), taking and subscribing before an officer of the Department of Homeland Security within the United States to the oath of allegiance required by section 337 of the Immigration and Nationality (8 U.S.C. 1448). The Secretary of Homeland Security shall take steps to ensure that the period in which an application for naturalization under this section is pending does not exceed 90 days. The Secretary shall furnish each special veteran naturalized under this section with a certificate of citizenship. (b) Special Veterans Abroad.--In the case of a special veteran residing abroad, the application for naturalization may be filed from abroad, and the oath of allegiance described in subsection (a) may be subscribed to abroad at United States embassies, consulates, and, as practicable, United States military installations overseas pursuant to the procedures available under section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (8 U.S.C. 1443a) for naturalization proceedings overseas for members of the Armed Forces and their spouses and children. (c) Waiver.--Consistent with section 337(a) of the Immigration and Nationality Act (8 U.S.C. 1448(a)), the Secretary of Homeland Security may waive the taking of the oath of allegiance described in subsection (a) by a special veteran if, in the opinion of the Secretary, the special veteran is unable to understand, or to communicate an understanding of, its meaning because of a physical or developmental disability or mental impairment. SEC. 5. TREATMENT OF SPECIAL VETERANS IN REMOVAL PROCEEDINGS OR ORDERED REMOVED. In the case of a special veteran in removal proceedings on the date of the enactment of this Act, the Secretary of Homeland Security shall cancel the removal of the special veteran. In the case of a special veteran who was ordered removed before the date of the enactment of this Act, the Attorney General shall rescind any outstanding order of removal, and any finding that the special veteran is subject to removal or is inadmissible. In the case of a special veteran physically present in the United States whose status as an alien lawfully admitted for permanent residence was rescinded before the date of the enactment of this Act, the Secretary of Homeland Security shall allow the veteran to adjust status to that of an alien lawfully admitted for permanent residence without regard to any numerical limitation in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 6. RETURN OF SPECIAL VETERANS REMOVED FROM THE UNITED STATES. Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a program and application procedure to permit special veterans removed from the United States before the date of the enactment of this Act to enter the United States as an alien lawfully admitted for permanent residence without regard to any numerical limitation in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 7. ACCESS TO MILITARY BENEFITS. A special veteran who has been naturalized or has obtained the status of an alien lawfully admitted for permanent residence pursuant to this Act shall be eligible for all military and veterans benefits for which the special veteran would have been eligible if the special veteran had never been ordered removed, been removed, or voluntarily departed, from the United States. SEC. 8. IDENTIFICATION OF SPECIAL VETERANS. (a) Identification.--The Secretary of Homeland Security shall identify immigration cases involving special veterans by-- (1) inquiring of every alien processed prior to initiating removal proceedings whether the alien is a special veteran; and (2) keeping records of special veterans who have been detained under the immigration laws, had removal proceedings against them initiated before the date of the enactment of this Act, or been removed before such date. (b) Record Annotation.--When the Secretary has identified a case under subsection (a), the Secretary shall annotate all immigration and naturalization records of the Department of Homeland Security relating to the special veteran involved so as to reflect that identification and afford an opportunity to track the outcomes for the veteran. Such annotation shall include-- (1) the veteran's branch of military service; (2) whether or not the veteran served during a period of military hostilities described in section 329 of the Immigration and Nationality Act (8 U.S.C. 1440); and (3) the veteran's immigration status at the time of enlistment.", "summary": "Repatriate Our Patriots Act This bill prohibits a special veteran from being removed from the United States. A special veteran: (1) is an alien veteran who was discharged or released from military service under conditions other than dishonorable; (2) includes only an honorably discharged or released individual; and (3) excludes an individual convicted of voluntary manslaughter, murder, rape, sexual abuse of a minor, or terrorism-related offenses or an individual determined to be a child abuser or a pedophile. DHS: (1) shall process naturalization applications for special veterans within 90 days; and (2) may permit special veterans to file naturalization applications from abroad and take the oath of allegiance at U.S. embassies, consulates, and military installations. DHS shall: (1) cancel the removal of a special veteran in removal proceedings, and (2) allow a special veteran whose permanent resident status was rescinded to adjust back to such status. The Department of Justice, in the case of a special veteran who was ordered removed, shall rescind any outstanding order of removal and any finding that the individual is subject to removal or is inadmissible. DHS shall create a program to allow a special veteran who was removed to return to the United States as a lawfully admitted permanent resident. A special veteran who has been naturalized or who has obtained lawful permanent resident status pursuant to this bill shall be eligible for all military and veterans benefits for which such individual would have been eligible otherwise. DHS shall identify and maintain records of immigration cases involving special veterans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Revised Statutes 2477 Rights-of-Way Settlement Act''. SEC. 2. NOTICE OF RIGHTS-OF-WAY ACROSS PUBLIC LANDS GRANTED UNDER REVISED STATUES SECTION 2477. (a) Notice of RS 2477 Right-of-Way.--Any State, political subdivision thereof, or other holder of a right-of-way across public lands which was granted under section 2477 of the Revised Statutes before the enactment of the Federal Land Policy and Management Act of 1976, or any person who uses or could use the right-of-way for passage across such lands to access property in which such person has an interest, may file with the appropriate Secretary of the Department concerned (hereafter in this Act referred to as the ``Secretary'') a notice of the right-of-way. The notice shall be filed within 10 years after the date of the enactment of this Act, shall identify the State or political subdivision thereof through which the right-of-way passes, and shall contain a map and a general description of the route, termini, and scope of the right-of-way. (b) Recognition of or Objection to Right-of-Way by the Secretary.-- (1) In general.--Not later than two years after the date on which notice is filed with the Secretary under subsection (a), the Secretary shall notify the holder, or other party giving notice, of the recognition or objections of the Secretary of the right-of-way or any portion thereof. In considering any right-of-way notice filed under subsection (a), the Secretary shall recognize any right-of-way which was accepted or established in accordance with the laws of the State where the right-of-way is located or by an affirmative act of a State or political subdivision thereof indicating acceptance of the grant. (2) Recognition.--To the extent the Secretary accepts the right-of-way, the provisions of section 4 shall apply. (3) Objections.--If the Secretary objects to the right-of- way as presented under subsection (a), the Secretary shall specifically state the Secretary's objections to the existence, identity of the holder, route, or scope of the right-of-way, or portion thereof, and shall provide the factual and legal basis for each objection. (4) Effect of failure to object.--If the Secretary does not object within the two-year period required by this subsection, the right-of-way shall be deemed to be valid as it was presented to the Secretary under subsection (a). SEC. 3. JUDICIAL REVIEW. (a) Quiet Title Action Relating to Objections.--Not later than two years after the date on which the Secretary notifies a holder under section 2(b) of objections to a right-of-way, or portion thereof, the Secretary may bring an action based on those objections in a United States district court in which the right-of-way or a portion thereof is located to challenge the validity of the right-of-way or portion thereof. (b) Burden of Proof.--In any action brought pursuant to subsection (a), the United States shall bear the burden of proof on all issues, including (but not limited to) proving that-- (1) the right-of-way was not a public right-of-way; (2) the right-of-way was not accepted or established in accordance with the laws of the State where the right-of-way is located or by an affirmative act of a State or political subdivision thereof indicating acceptance of the grant; (3) the land on which the right-of-way is located was reserved for public use at the time of acceptance of the right- of-way; and (4) the scope of the right-of-way identified in the notice of right-of-way exceeds that permitted under State law. (c) Failure To Bring Action.--If the Secretary does not bring such an action within the two-year period required by this subsection, the right-of-way shall be deemed to be valid in the form presented under section 2(a). (d) Standing.--Standing to challenge an action of the Secretary under this Act relating to the existence, description, route, or scope of a right-of-way shall be limited to a party with a claim of a property interest in or to the right-of-way or in lands served thereby. SEC. 4. MANAGEMENT OF LANDS. A right-of-way accepted or deemed to be accepted under this Act is valid. The Secretary shall record the right-of-way in the land records and on maps of the Secretary and shall manage the lands subject to the right-of-way accordingly. SEC. 5. MISCELLANEOUS PROVISIONS. (a) Quiet Title Action.--Nothing in this Act shall be construed to prevent the holder of a right-of-way described in section 2 from bringing an action at any time to quiet title with respect to such right-of-way under section 2409a of title 28, United States Code, nor shall any proceedings taken pursuant to this Act be deemed a prerequisite to filing any such action. Such action may be brought within the later of-- (1) 12 years from the date of notice of objection from the Secretary under section 2(b)(1); or (2) the termination of the limitations period under section 2409a of title 28, United States Code. (b) Relinquishment Not Required.--Nothing in this Act shall be construed to require a relinquishment of a right-of-way granted under section 2477 of the Revised Statutes. A failure to file the notice provided for under section 2(a) does not constitute a relinquishment of any such right-of-way. (c) Application of State Law.--Nothing in this Act shall be construed to limit the application of State law in determining the validity of rights-of-way granted under section 2477 of the Revised Statutes. In every proceeding the law of the State where the right-of- way is located shall determine the scope of the right-of-way. The published regulations of the Department of the Interior pertaining to section 2477 of the Revised Statutes which were in effect until the date of enactment of the Federal Land Policy and Management Act of 1976 shall be binding on the Secretary in all such proceedings. (d) NEPA.--The National Environmental Policy Act of 1969 shall not apply with respect to actions taken to carry out this Act. (e) Road Closures.--The Secretary shall not close any right-of-way granted under section 2477 of the Revised Statutes which was in use prior to October 21, 1976, until one year after providing notice to the State and any political subdivision thereof with jurisdiction over highways in that location which describes the right-of-way and the purpose of the intended closure. In no event shall the Secretary close any such right-of-way if closure would leave any non-Federal lands adjoining the right-of-way without an established public or private access.", "summary": "Revised Statutes 2477 Rights-of-Way Settlement Act - Authorizes any State, political subdivision thereof, or other holder of a right-of-way across public lands that was granted under section 2477 of the Revised Statutes before the enactment of the Federal Land Policy and Management Act of 1976, or any person who uses or could use the right-of-way for passage across such lands to access property in which such person has an interest, to file with the appropriate Secretary of the Department concerned a notice of the right-of-way. Directs the Secretary to notify the holder (or other party giving notice) of the recognition or objections of the Secretary to the right-of-way or any portion thereof within two years or the right-of-way shall be deemed to be valid. Allows the Secretary to bring an action to challenge the validity of the right-of-way in a U.S. district court within two years after notifying a holder of objections or the right-of-way shall be deemed to be valid. Permits a holder to bring an action to quiet title with respect to such a right-of-way within the later of: (1) 12 years from the date of notice of objection from the Secretary; or (2) the termination of the limitations period applicable under the Federal judicial code. Prohibits the Secretary from closing any right-of-way in use before October 21, 1976: (1) until one year after providing notice to the appropriate State or subdivision; or (2) if closure would leave any adjoining non-Federal lands without an established public or private access."}
{"article": "SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Mowa Band of Choctaw Indians Recognition Act''. (b) Definitions.--For the purposes of this Act: (1) Tribe.--The term ``Tribe'' means the Mowa Band of Choctaws and Mowa Band of Choctaw Indians of Alabama. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. FEDERAL RECOGNITION. Federal recognition is hereby extended to the Mowa Band of Choctaw Indians of Alabama. All Federal laws of general application to Indians and Indian tribes shall apply with respect to the Tribe. SEC. 3. RESTORATION OF RIGHTS. (a) In General.--All rights and privileges of the Tribe which may have been abrogated or diminished before the date of the enactment of this Act by reason of any provision of Federal law that terminated Federal recognition of the Tribe are hereby restored and such Federal law shall no longer apply with respect to the Tribe or the members of the Tribe. (b) Approval of Transfers.--Under the treaties entered into by the ancestors of the Tribe, all historical tribal lands were ceded to the United States. Congress does hereby approve and ratify such cession effective as of the date of the cession and the cession shall be regarded as an extinguishment of all interest of the Tribe, if any, in said lands as of the date of the cession. By virtue of the approval and ratification of the cession of said lands, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Tribe, including but not limited to, claims for trespass damages or claims for use and occupancy, arising subsequent to the cession and that are based upon any interest in or right involving such land, shall be regarded as extinguished as of the date of the cession. (c) Historical Land Claims.--The Tribe has no historical land claim and cannot and shall not use its Federal recognition to assert any historical land claim. As used herein, ``historical land claim'' means a claim to land based upon a contention that the Tribe, or its ancestors, were the native inhabitants of such land or based upon the Tribe's ``status as native Americans or based upon the Mowa Band of Choctaws'' Federal recognition. (d) Request and Best Interest of Tribe.--Congress finds that the provisions of this section are enacted at the request of the Tribe and are in the best interests of the Tribe. SEC. 4. LANDS. (a) Land Taken Into Trust.--All legal rights, title, and interests in lands that are held by the Tribe on the date of the enactment of this Act are hereby transferred, at the request of the Tribe, to the United States in trust for the use and benefit of the Tribe. (b) Future Lands Into Trust.--(1) Notwithstanding any other provision of law, if the Tribe transfers to the Secretary any interest in lands acquired by the Tribe after the date of the enactment of this Act, the Secretary shall accept such land on behalf of the United States. Such lands shall be held by the United States in trust for the benefit of the Tribe. (2) Notwithstanding any other provision of law, the Attorney General of the United States shall approve any deed or other instrument used to make a conveyance under paragraph (1). (c) Any lands held in trust by the United States for the use and benefit of the Tribe pursuant to this section shall constitute the reservation of the Tribe. (d) Congress finds that the provisions of this section are enacted at the request of the Tribe and are in the best interests of the Tribe. SEC. 5. SERVICES AND BENEFITS. The Tribe, and the members of the Tribe, shall be eligible for all services and benefits that are provided by the Federal Government to Indians because of their status as federally recognized Indians and, notwithstanding any other provision of law, such services and benefits shall be provided after the date of the enactment of this Act to the Tribe, and to the members of the Tribe, without regard to the existence of a reservation for the Tribe or the location of the residence of any member of the Tribe on or near an Indian reservation. SEC. 6. CONSTITUTION AND BYLAWS. (a) In General.--The Tribe may organize for its common welfare and adopt a constitution and bylaws in accordance with regulations prescribed by the Secretary. The Secretary shall offer to assist the Tribe in drafting a constitution and bylaws for the Tribe. (b) Filing With Secretary.--Any constitution, bylaws, or amendments to the constitution or bylaws that are adopted by the Tribe shall take effect only after such constitution, bylaws, or amendments are filed with the Secretary. SEC. 7. MEMBERSHIP. (a) Interim Membership.--Until a constitution for the Tribe is adopted, the membership of the Tribe shall consist of every individual who-- (1) is named in the tribal membership roll that is in effect on the date of the enactment of this Act, or (2) is a descendant of any individual described in paragraph (1). (b) Membership After Adoption of Constitution and Bylaws.--After the adoption of a constitution by the Tribe, the membership of the Tribe shall be determined in accordance with the terms of such constitution or any bylaws adopted under such constitution. SEC. 8. REGULATIONS. The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this Act.", "summary": "Mowa Band of Choctaw Indians Recognition Act - Extends federal recognition and associated services and benefits to the Mowa Band of Choctaw Indians of Alabama. Restores federal rights and privileges abrogated by earlier statutes. Approves and ratifies the cession to the United States of all historical tribal lands of the Band. Extinguishes all claims against the United States, a state or local government, or any other person or entity, by the Band arising subsequent to such cession, and based upon any interest in or right involving the land. Prohibits the Band from using its federal recognition to assert any historical land claim. Transfers all interests in lands held by the Band upon enactment of this Act to the United States, to be held in trust for the benefit of the Band."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Accountability Now Act'' or the ``CAN Act''. SEC. 2. PROHIBITING USE OF FUNDS FOR OFFICIAL TRAVEL EXPENSES OF MEMBERS OF CONGRESS AND LEGISLATIVE BRANCH EMPLOYEES FOR AIRLINE ACCOMMODATIONS OTHER THAN COACH-CLASS. (a) Prohibition.--Except as provided in subsection (b), no funds appropriated or otherwise made available for the official travel expenses of a Member of Congress or other officer or employee of any office in the legislative branch may be used for airline accommodations which are not coach-class accommodations. (b) Exceptions.--Funds described in subsection (a) may be used for airline accommodations which are not coach-class accommodations for an individual described in subsection (a) if the use of the funds for such accommodations would be permitted under sections 301-10.121 through 301-10.125 of title 41 of the Code of Federal Regulations if the individual were an employee of an agency which is subject to chapter 301 of such title. (c) Rule of Construction.--Nothing in this section may be construed to affect any officer or employee of an office of the legislative branch which, as of the date of the enactment of this Act, is subject to chapter 301 of title 41 of the Code of Federal Regulations. (d) Definitions.-- (1) Coach-class accommodations.--In this section, the term ``coach-class accommodations'' means the basic class of accommodation by airlines that is normally the lowest fare offered regardless of airline terminology used, and (as referred to by airlines) may include tourist class or economy class, as well as single class when the airline offers only one class of accommodations to all travelers. (2) Member of congress.--In this section, the term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. SEC. 3. PROHIBITING USE OF FUNDS FOR LONG-TERM VEHICLE LEASES BY MEMBERS OF CONGRESS. (a) Prohibition.--No funds appropriated or otherwise made available during a fiscal year for the operations of a House of Congress, including the official and representational expenses of a Member of Congress or the expenses of a committee or leadership office of a House of Congress, may be used for the long-term leasing of a vehicle. (b) Member of Congress Defined.--In this section, the term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. SEC. 4. RESTRICTING USE OF FRANK BY MEMBERS OF THE HOUSE OF REPRESENTATIVES. Section 311(e) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 503(e)) is amended by adding at the end the following new paragraph: ``(3) Funds of the House of Representatives may not be used for official mail of a Member of the House of Representatives for any material other than a document transmitted under the official letterhead used for the Member's stationery.''. SEC. 5. REDUCTION IN PAY AND ELIMINATION OF AUTOMATIC PAY INCREASES FOR MEMBERS OF CONGRESS. (a) In General.--Section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) is amended to read as follows: ``Sec. 601. (a) Effective as of the beginning of the first applicable pay period commencing after the date of the first regularly scheduled general election for Federal office which is held after the date of the enactment of the Congressional Accountability Now Act, the annual rate of pay for-- ``(1) each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico, ``(2) the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, and ``(3) the Speaker of the House of Representatives, shall be equal to the annual rate of pay for that position as of the date on which such general election is held, reduced by 10 percent.''. (b) Effective Date.--Subsection (a) shall take effect on the date of the first regularly scheduled general election for Federal office which is held after the date of the enactment of this Act. SEC. 6. TERMINATION OF CERTAIN RETIREMENT BENEFITS FOR MEMBERS OF CONGRESS. (a) Amendments Relating to the Civil Service Retirement System.-- (1) In general.--Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: ``Sec. 8335a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective as of the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.--Any regulations necessary to carry out this section may-- ``(1) except with respect to matters under paragraph (2), be prescribed by the Director of the Office of Personnel Management; and ``(2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(e) Exclusion.--For purposes of this section, the term `Member' does not include the Vice President. ``(f) Opt-In.--Not later than 90 days after the date of enactment of this section, a Member covered by this subchapter as of such date of enactment may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this subchapter.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. Termination of further retirement coverage of Members of Congress.''. (b) Amendments Relating to the Federal Employees' Retirement System.-- (1) In general.--Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: ``Sec. 8425a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this chapter, effective as of the date of enactment of this section-- ``(1) subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment-- ``(A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and ``(B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and ``(2) in the case of an individual who first becomes a Member on or after such date of enactment-- ``(A) such Member shall not be subject to this chapter; and ``(B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) or (b) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. ``(e) Exclusions.--For purposes of this section, the term `Member' does not include the Vice President. ``(f) Opt-In for Members.--Not later than 90 days after the date of enactment of this section, a Member covered by this chapter as of such date may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this chapter.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: ``8425a. Termination of further retirement coverage of Members of Congress.''. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act, other than sections 5 and 6, shall apply with respect to fiscal year 2017 and each succeeding fiscal year.", "summary": "Congressional Accountability Now Act or the CAN Act This bill prohibits the use of funds: (1) for the official travel expenses of a Member of Congress or legislative branch employee for airline accomodations that are not coach-class, (2) for the long-term leasing of a vehicle by a Member of Congress, and (3) for a Member's official mail other than a document transmitted under official letterhead. The bill amends the Legislative Reorganization Act of 1946 to reduce the annual rate of pay for Members of Congress by 10%. This bill excludes Members of Congress from further coverage under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS). This exclusion does not apply to the Vice President. Nothing in this bill shall: (1) be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under CSRS or FERS for any Member covering any period before its enactment; or (2) affect the eligibility of a Member to participate in the Thrift Savings Plan. Members currently covered by CSRS or FERS may elect to retain such coverage by giving written notice within 90 days after enactment of this bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood-Affected States Assistance Act of 1993''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Designated.--The term ``designated'' means-- (A) with respect to a State or a political subdivision of a State, that the President declared, between April 1, 1993, and August 1, 1993, that a major disaster or emergency exists under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in the State or political subdivision as a result of the widespread flooding in the Midwest in 1993; and (B) with respect to an individual or a family, that the individual or family resides in a designated State or a designated political subdivision of a State described in subparagraph (A). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (3) State agency.--The term ``State agency'' means-- (A) with respect to part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency that administers or supervises the administration of the State's plan approved under section 402 of such Act (42 U.S.C. 602); (B) with respect to part F of title IV of such Act (42 U.S.C. 681 et seq.), the State agency that administers or supervises the administration of the State's plan approved under section 402 of such Act (42 U.S.C. 602); and (C) with respect to title XIX of such Act (42 U.S.C. 1396 et seq.), the State agency that administers or supervises the administration of the State's plan approved under section 1902 of such Act (42 U.S.C. 1396a). SEC. 3. ENHANCED FEDERAL MEDICAL ASSISTANCE PERCENTAGE FOR SERVICES FURNISHED TO CERTAIN INDIVIDUALS. Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) or any other provision of law, with respect to amounts expended by a State as medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.) for services furnished during the 2-year period beginning July 1, 1993, to any designated individual, the Federal medical assistance percentage for such State shall be 83 percent. SEC. 4. DISREGARD OF CERTAIN DONATED ITEMS AND TEMPORARY FINANCIAL ASSISTANCE WHEN DETERMINING ELIGIBILITY FOR BENEFITS UNDER THE AFDC AND MEDICAID PROGRAMS. Notwithstanding any other provision of law, an amount equal to the amount of, or value of, a donation or temporary financial assistance (including cash and in-kind services) provided by the Federal Government, a State, a political subdivision of a State, or a private person to a designated individual or designated family as disaster assistance (including assistance provided pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)) as a result of the widespread flooding in the Midwest in 1993 shall be excluded from a determination of income or resources made by a State agency pursuant to a State plan under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under title XIX of such Act (42 U.S.C. 1396 et seq.). SEC. 5. INDIVIDUAL AND FAMILY GRANT PROGRAM. (a) Federal Payment.--Notwithstanding subsection (b) of section 411 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5178), for the 2-year period beginning April 1, 1993, the Federal share of any grant made under such section to a designated individual or a designated family shall be equal to 100 percent of the actual cost incurred. (b) Administrative Cost Limit Waived.--For the 2-year period beginning on April 1, 1993, the 5 percent limitation applicable to administrative expenses under subsection (d) of section 411 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5178) shall not apply in the case of any grant made to a designated individual or a designated family. SEC. 6. EXTENSION OF SUBMISSION DEADLINE FOR CERTAIN AFDC AND JOBS PROGRAM REPORTS. Notwithstanding any other provision of law, with respect to any designated State, each report relating to the State plan that the State agency is required to file with the Secretary under parts A and F of title IV of the Social Security Act (42 U.S.C. 601 et seq. and 681 et seq.) not later than September 30, 1993, shall not be required to be filed until December 31, 1993. SEC. 7. TEMPORARY SUSPENSION OF CERTAIN STATE QUALITY CONTROL FUNCTIONS. Notwithstanding any other provision of law, during the period beginning on September 1, 1993, and ending on February 28, 1994, for each designated State-- (1) the State agency of the State shall not be required to carry out quality control requirements under section 408 of the Social Security Act (42 U.S.C. 608) and section 1903(u) of such Act (42 U.S.C. 1396b(u)); (2) the error rate for the State determined under subsection (d) of section 408 of such Act (42 U.S.C. 608) shall be deemed to be zero; and (3) the ratio of the State's erroneous excess payments for medical assistance to the State's total expenditures for medical assistance under the State plan approved under title XIX of such Act (42 U.S.C. 1396 et seq.) determined under subsection (u) of section 1903 of such Act (42 U.S.C. 1396b) shall be deemed to be zero. SEC. 8. COMPLIANCE WITH REQUIREMENTS RELATING TO CHILD SUPPORT DATA PROCESSING AND INFORMATION RETRIEVAL SYSTEMS. Notwithstanding section 454(16) of the Social Security Act (42 U.S.C. 654(16)) or any other provision of law, a designated State shall be deemed to be in compliance with any requirements under part D of title IV of such Act (42 U.S.C. 651 et seq.) relating to the State's statewide automated data processing and information retrieval system for purposes of payments under section 455(a)(1)(B) of such Act (42 U.S.C. 655(a)(1)(B)) until December 1, 1993. SEC. 9. ENHANCED FEDERAL MATCH FOR CERTAIN NEW ELIGIBLES. (a) In General.--Notwithstanding any other provision of law, for the 2-year period beginning on July 1, 1993, the Federal share of the expenses incurred by any designated State under a program described in subsection (b) shall be 100 percent of such expenses attributable to any unanticipated newly eligible individuals (as defined in subsection (c)). (b) Programs Described.--For purposes of subsection (a), a program described in this subsection is a State program operated in accordance with a State plan approved under part A, D, or E of title IV of the Social Security Act (42 U.S.C. 601 et seq., 651 et seq., or 670 et seq.), or title XIX of such Act (42 U.S.C. 1396 et seq.). (c) Definition.--For purposes of subsection (a), the term ``unanticipated newly eligible individuals'' means individuals who became eligible for a program described in subsection (b) on or after July 1, 1993, and who are in excess of the number of individuals anticipated by the Secretary to become eligible for such program during the period referred to in subsection (a) based on the rate of increase in eligible individuals for such program before the widespread flooding in the Midwest in 1993. SEC. 10. ENHANCED FEDERAL MATCH FOR TRANSITIONAL HOUSING SPECIAL NEEDS UNDER THE AFDC PROGRAM. Notwithstanding section 403(a) of the Social Security Act (42 U.S.C. 603(a)) or any other provision of law, during the 2-year period beginning on July 1, 1993, the Federal share of the expenses incurred by any designated State providing transitional housing special needs under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) to any designated individual or designated family shall be 100 percent. SEC. 11. ENHANCED FEDERAL MATCH FOR JOBS PROGRAM. Notwithstanding section 403(l) of the Social Security Act (42 U.S.C. 603(l)) or any other provision of law, during the 2-year period beginning on July 1, 1993, the Federal share of the expenses incurred by a State with respect to a designated individual who participates in the jobs program under part F of the title IV of the Social Security Act (42 U.S.C. 681 et seq.) shall be 100 percent. SEC. 12. ENHANCED FEDERAL MATCH FOR EMERGENCY ASSISTANCE FURNISHED TO FAMILIES WITH CHILDREN. Notwithstanding section 403(a)(5) of the Social Security Act (42 U.S.C. 603(a)(5)) or any other provision of law, during the 2-year period beginning on July 1, 1993, the Federal share of the expenses incurred by a State with respect to a designated individual or a designated family receiving emergency assistance to families with children (without regard to the 30-day limitation for receipt of such aid in any 12-month period under section 406(e)(1) of such Act (42 U.S.C. 606(e)(1))) shall be 100 percent. SEC. 13. ENHANCED FEDERAL MATCH FOR CERTAIN OPTIONAL MEDICAL SERVICES. Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) or any other provision of law, with respect to services covered under the State plan of any designated State under title XIX of such Act (42 U.S.C. 1396 et seq.) at the option of such State which are furnished to a designated individual and paid for by a county of such State in accordance with State law, the Federal medical assistance percentage during the 2-year period beginning July 1, 1993, shall be 100 percent. SEC. 14. PERMANENT ENHANCED FEDERAL MATCH UNDER THE INDIVIDUAL AND FAMILY GRANT PROGRAMS FOR STATES FREQUENTLY DECLARED TO BE DISASTER AREAS. Section 411(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5178(b)) is amended-- (1) in paragraph (1), by striking ``The Federal share'' and inserting ``Except as provided in paragraph (3), the Federal share''; (2) in paragraph (2), by striking ``The Federal share'' and inserting ``Except as provided in paragraph (3), the Federal share''; and (3) by adding at the end the following new paragraph: ``(3) Enhanced federal share under certain circumstances.-- If the President has declared a major disaster to exist under this Act in more than one-third of the counties in a State in 2 of the previous 5 calendar years, the Federal share of a grant to an individual or a family under this section shall be equal to 100 percent of the actual cost incurred.''.", "summary": "Flood-Affected States Assistance Act of 1993 - Provides for an enhanced Federal medical assistance match for services furnished under Medicaid (title XIX of the Social Security Act (SSA)) to individuals residing in major disaster areas resulting from the widespread flooding in the Midwest in 1993 (Midwest flood areas). Disregards certain donated items and temporary financial assistance when determining eligibility for benefits under the Aid to Families with Dependent Children (AFDC) (SSA title IV part A) and Medicaid programs. Provides for a greater Federal share of grants to individuals and families residing in Midwest flood areas. Waives certain administrative costs involved in such grants. Extends the submission deadline for certain AFDC and JOBS (Job Opportunities and Basic Skills Training Program) (SSA title IV part F) program reports. Suspends temporarily certain State quality control functions. Deems States in Midwest flood areas to be in compliance with requirements under SSA title IV part D (Child Support and Establishment of Paternity) relating to child support data processing and information retrieval systems. Provides for an enhanced Federal match for: (1) individuals in Midwest flood areas who are newly eligible for Medicaid or certain State welfare programs; (2) the transitional housing special needs of such individuals under AFDC; (3) emergency assistance furnished to families in Midwest flood areas with children; (4) JOBS program participants in Midwest flood areas; and (5) certain optional Medicaid services furnished to individuals in Midwest flood areas. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for a permanent enhanced Federal match under the individual and family grant program for States frequently declared to be disaster areas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act''. SEC. 2. DESIGNATION OF JOHNSON VALLEY NATIONAL OFF-HIGHWAY VEHICLE RECREATION AREA. (a) Designation.--The approximately 188,000 acres of public land and interests in land administered by the Secretary of the Interior through the Bureau of Land Management in San Bernardino County, California, as generally depicted as the ``Johnson Valley Off-Highway Vehicle Recreation Area'' on the map titled ``Johnson Valley National Off-Highway Vehicle Recreation Area and Transfer of the Southern Study Area'' and dated April 11, 2013, are hereby designated as the ``Johnson Valley National Off-Highway Vehicle Recreation Area''. (b) Recreational and Conservation Use.--The Johnson Valley National Off-Highway Vehicle Recreation Area is designated for the following purposes: (1) Public recreation (including off-highway vehicle use, camping, and hiking) when the lands are not used for military training as authorized by section 3. (2) Natural resources conservation. (c) Withdrawal.--The public land and interests in land included in the Johnson Valley National Off-Highway Vehicle Recreation Area are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (d) Treatment of Existing Rights.--The designation of the Johnson Valley National Off-Highway Vehicle Recreation Area and the withdrawal of the public land and interests in land included in the Recreation Area are subject to valid existing rights. SEC. 3. LIMITED BIANNUAL MARINE CORPS AIR GROUND COMBAT CENTER TWENTYNINE PALMS USE OF JOHNSON VALLEY NATIONAL OFF- HIGHWAY VEHICLE RECREATION AREA. (a) Use for Military Purposes Authorized.--Subject to subsection (b), the Secretary of the Interior shall authorize the Secretary of the Navy to utilize portions of Johnson Valley National Off-Highway Vehicle Recreation Area twice in each calendar year for up to a total of 60 days per year for the following purposes: (1) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces. (2) Individual and unit live-fire training ranges. (3) Equipment and tactics development. (4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs. (b) Conditions on Military Use.-- (1) Consultation and public participation requirements.-- Before the Secretary of the Navy requests the two time periods for military use of the Johnson Valley National Off-Highway Vehicle Recreation Area in a calendar year, the Secretary of the Navy shall-- (A) consult with the Secretary of the Interior regarding the best times for military use to reduce interference with or interruption of nonmilitary activities authorized by section 2(b); and (B) provide for public awareness of and participation in the selection process. (2) Public notice.--The Secretary of the Navy shall provide advance, wide-spread notice before any closure of public lands for military use under this section. (3) Public safety.--Military use of the Johnson Valley National Off-Highway Vehicle Recreation Area during the biannual periods authorized by subsection (a) shall be conducted in the presence of sufficient range safety officers to ensure the safety of military personnel and civilians. (4) Certain types of ordnance prohibited.--The Secretary of the Navy shall prohibit the use of dud-producing ordnance in any military training conducted under subsection (a). (c) Implementing Agreement.-- (1) Agreement required; required terms.--The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement this section. The agreement shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (2) Additional terms.--The agreement may provide for-- (A) the integration of the management plans of the Secretary of the Interior and the Secretary of the Navy; (B) delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and (C) the sharing of resources in order to most efficiently and effectively manage the lands. (d) Duration.--Any agreement for the military use of the Johnson Valley National Off-Highway Vehicle Recreation Area shall terminate not later than March 31, 2039. SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION, SOUTHERN STUDY AREA, MARINE CORPS AIR GROUND COMBAT CENTER TWENTYNINE PALMS, CALIFORNIA. (a) Transfer Required.--Not later than September 30, 2014, the Secretary of the Interior shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management consisting of approximately 20,000 acres in San Bernardino County, California, as generally depicted as the ``Southern Study Area'' on the map referred to in section 2. (b) Use of Transferred Land.--Upon the receipt of the land under subsection (a), the Secretary of the Navy shall include the land as part of the Marine Corps Air Ground Combat Center Twentynine Palms, California, and authorize use of the land for military purposes. (c) Legal Description and Map.-- (1) Preparation and publication.--The Secretary of the Interior shall publish in the Federal Register a legal description and map of the public land to be transferred under subsection (a). (2) Force of law.--The legal description and map filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the legal description and map. (d) Reimbursement of Costs.--The Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to carry out this section. SEC. 5. WATER RIGHTS. (a) Water Rights.--Nothing in this Act shall be construed-- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this Act; or (2) to authorize the appropriation of water on lands transferred by this Act except in accordance with applicable State law. (b) Effect on Previously Acquired or Reserved Water Rights.--This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.", "summary": "Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act - (Sec. 2) Designates approximately 188,000 acres of specified public lands and interests administered by the Bureau of Land Management (BLM) in San Bernardino County in California as the Johnson Valley Off-Highway Vehicle Recreation Area for purposes of public recreation (when the lands are not in use for military training as authorized by this Act) and natural resources conservation. Withdraws the public lands and interests included in the Area from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (Sec. 3) Authorizes the Secretary of the Navy (the Secretary) to use parts of the Area twice in each year for up to a total of 60 days a year for: (1) sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces; (2) individual and unit live-fire training ranges; (3) equipment and tactics development; and (4) other defense-related purposes. Requires the Secretary, before requesting the two time periods for military use of the Area, to: (1) consult with the Secretary of the Interior regarding the best times for such use to reduce interference with or interruption of the nonmilitary activities authorized by this Act, and (2) provide for public awareness of and participation in the selection process. Requires the Secretary to provide advance, wide-spread notice before any closure of the public lands for military use. Requires military use of the Area during the biannual periods to be conducted in the presence of sufficient range safety officers to ensure the safety of military personnel and civilians. Prohibits the use of dud-producing ordnance in any such military activity conducted on the Area. Directs the Secretary and the Secretary of the Interior to enter into a written agreement to implement military use of the Area. Requires such agreement to include a provision for the periodic review of such agreement for its adequacy, effectiveness, and need for revision. Permits such agreement to provide for: (1) the integration of the management plans of the Secretaries, (2) delegation to civilian law enforcement personnel of the Department of the Navy of the Secretary of the Interior's authority to enforce laws relating to protection of natural and cultural resources and of fish and wildlife, and (3) the sharing of resources in order to manage the public lands most effectively. Terminates any agreement for the military use of such Area by no later than March 31, 2039. (Sec. 4) Directs the Secretary of the Interior to transfer, without reimbursement, approximately 20,000 acres of specified BLM-administered land in San Bernardino County to the administrative jurisdiction of the Secretary. Includes such transferred land as part of the Marine Corps Air Ground Combat Center Twentynine Palms in California. (Sec. 5) Declares that nothing in this Act shall be construed to: (1) establish a reservation in favor of the United States with respect to any water or water right on withdrawn lands, or (2) authorize the appropriation of water on such lands except in accordance with applicable state law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Know Before You Fly Act''. SEC. 2. DISCLOSURE OF FEES. Section 41712 of title 49, United States Code, is amended by adding at the end the following: ``(d) Disclosure of Fees.-- ``(1) In general.--It shall be an unfair or deceptive practice under subsection (a) for any air carrier, foreign air carrier, or ticket agent to fail to include, in an internet fare quotation for a specific itinerary in air transportation selected by a consumer, a clear and prominent statement that additional fees for checked baggage and carry-on baggage may apply, along with a prominent link from that internet website page directly to a list of all such fees. ``(2) Savings provision.--Nothing in this subsection may be construed to derogate or limit any responsibilities of an air carrier, foreign air carrier, or ticket agent under section 399.85 of title 14, Code of Federal Regulations, or any successor provision.''. SEC. 3. WIDESPREAD DISRUPTIONS. (a) In General.--Chapter 423 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 42304. Widespread disruptions ``(a) General Requirements.--A covered air carrier shall publish, via a prominent link on the air carrier's public internet website, a clear statement indicating whether or not, with respect to a passenger of the air carrier whose travel is interrupted as a result of a widespread disruption, the air carrier will-- ``(1) provide for hotel accommodations; ``(2) arrange for ground transportation; ``(3) provide meal vouchers; ``(4) arrange for air transportation on another air carrier or foreign air carrier to the passenger's destination; and ``(5) provide for sleeping facilities, food, and water inside the airport terminal. ``(b) Transportation on Other Air Carriers.--The information provided by a covered air carrier under subsection (a)(4) shall identify each air carrier and foreign air carrier with which the covered air carrier will arrange air transportation as described in subsection (a)(4). ``(c) Definitions.--In this section, the following definitions apply: ``(1) Widespread disruption.--The term `widespread disruption' means, with respect to a covered air carrier, the interruption of all or a substantial portion of the air carrier's system-wide flight operations, including flight delays and cancellations, as the result of the failure of one or more computer systems or computer networks of the air carrier. ``(2) Covered air carrier.--The term `covered air carrier' means an air carrier that provides scheduled or public charter passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of thirty or more seats. ``(d) Savings Provision.--Nothing in this section may be construed to modify, abridge, or repeal any obligation of an air carrier under section 42301.''. (b) Conforming Amendment.--The analysis for chapter 423 of title 49, United States Code, is amended by adding at the end the following: ``42304. Widespread disruptions.''. SEC. 4. CABIN AIR QUALITY. (a) Designation of Office.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall designate an office of the Administration to receive and analyze reports involving fumes in the air conditioning and pressurization systems of aircraft operated under the provisions of part 121 of title 14, Code of Federal Regulations. (b) Corrective Actions.--If the head of the office designated under subsection (a) determines with respect to a report received under subsection (a) that corrective action would reduce the recurrence of an event described in the report, the head of the office shall transmit that determination to the Associate Administrator for Aviation Safety. (c) Standardized Reporting.--Not later than 60 days after the date of enactment of this Act, the Administrator shall issue guidance to air carrier employees regarding terminology and phraseology for standardized reporting of fume events in the Administration's standard service difficulty reports. (d) Annual Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the head of the office designated under subsection (a) shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on-- (1) the number of reports received under subsection (a); (2) the disposition of the reports; and (3) the status of the Administration's implementation of any corrective actions identified under subsection (b).", "summary": "Know Before You Fly Act This bill makes it an unfair or deceptive practice for an air carrier, foreign air carrier, or ticket agent to fail to disclose in its Internet fare quotation a clear and prominent statement of checked baggage and carry-on baggage fees, along with a prominent website link to a list of all such fees. A covered air carrier shall publish on its website a clear statement indicating whether it will provide passengers whose travel is interrupted due to a widespread disruption: hotel accommodations; ground transportation; meal vouchers; transportation on another air carrier to the passenger's destination; and sleeping facilities, food, and water inside the airport terminal. A "covered air carrier" is defined as an air carrier that provides scheduled or public charter air transportation in an aircraft designed for a passenger capacity of 30 or more. The Federal Aviation Administration (FAA) shall designate a FAA office to receive and analyze reports involving fumes in the air conditioning and pressurization systems of commercial aircraft."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sport Fish Restoration and Recreational Boating Safety Act of 2011''. SEC. 2. AMENDMENT OF FEDERAL AID IN FISH RESTORATION ACT. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Aid in Fish Restoration Act (16 U.S.C. 777 et seq.). SEC. 3. DIVISION OF ANNUAL APPROPRIATIONS. Section 4 (16 U.S.C. 777c) is amended-- (1) in subsection (a), by striking ``of fiscal years 2006 through 2011,'' and inserting ``fiscal year through 2017,''; (2) in subsection (b)(1)-- (A) in subparagraph (A), by striking ``of fiscal years 2006 through 2011,'' and inserting ``fiscal year through 2017,''; (B) in subparagraph (B)-- (i) in clause (i), by striking ``each of fiscal years 2001 and 2002, $9,000,000;'' and inserting ``fiscal year 2012, $11,481,000;''; (ii) in clause (ii), by striking ``2003, $8,212,000;'' and inserting ``2013, $11,870,000;''; and (iii) in clause (iii), by striking ``2004'' and inserting ``2014''; and (C) by adding at the end the following: ``(C) Set-aside for boating safety.-- ``(i) From the annual appropriation made in accordance with section 3, for each fiscal year through 2017, the Secretary shall transfer to the Secretary of the department in which the Coast Guard is operating-- ``(I) $6,500,000 for the purposes set forth in section 13107(c) of title 46, United States Code; ``(II) $200,000 to fund the National Boating Safety Advisory Council established under section 13110 of Title 46, United States Code; and ``(III) not less than $6,000,000 for national boating safety activities of national nonprofit public service organizations, and such sums made available for allocation and distribution shall remain available until expended. ``(ii) The amounts specified in clause (i) for a fiscal year may not be included in the amount of the annual appropriation distributed under subsection (a) for the fiscal year.''; (3) in subsection (b)(2)(B), by striking ``subsection (e)'' and inserting ``subsection (c)''; and (4) in subsection (e)-- (A) in paragraph (1), by striking ``those subsections'' and inserting ``those paragraphs''; (B) by amending paragraph (2) to read as follows: ``(2) Maximum amount.--For fiscal year 2012, the Secretary of the Interior may use not more than $1,200,000 in accordance with paragraph (1). For each fiscal year thereafter, the maximum amount that the Secretary of the Interior may use in accordance with paragraph (1) shall be determined pursuant to paragraph (3).''; and (C) by adding at the end the following: ``(3) Annual adjusted maximum amount.--The maximum amount referred to in paragraph 2 for fiscal year 2013 and each fiscal year thereafter shall be the sum of-- ``(A) the available maximum amount for the preceding fiscal year; and ``(B) the amount determined by multiplying-- ``(i) the available maximum amount for the preceding fiscal year; and ``(ii) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor.''. SEC. 4. EXTENSION OF EXCEPTION TO LIMITATION ON TRANSFERS TO FUND. Section 9504(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``2011,'' and inserting ``2017,''. SEC. 5. RECREATIONAL BOATING SAFETY. Section 13107 of title 46, United States Code, is amended-- (1) in subsection (a)(2), by striking ``two'' and inserting ``1.5''; and (2) in subsection (c)(1)-- (A) by striking ``subsection (a)(2)'' and inserting ``subsection (b)''; (B) by striking ``(16 U.S.C. 777c(a)(2)),'' and inserting ``(16 U.S.C. 777c(b)),''; and (C) by striking ``$5,500,000'' and inserting ``$6,500,000''.", "summary": "Sport Fish Restoration and Recreational Boating Safety Act of 2011 - Amends the Federal Aid in Fish Restoration Act to maintain through FY2017 the existing percentages of annual Sport Fish Restoration and Boating Trust Fund appropriations distributed to: (1) the Secretary of the Interior for coastal wetlands distributions, the Clean Vessel Act, boating infrastructure, and national outreach and communications; and (2) the Secretary of the department in which the Coast Guard is operating for state recreational boating safety programs. Sets forth, through FY2017, separate set-aside amounts for: (1) the Secretary of the Interior for administration expenses of the Dingell-Johnson Sport Fish Restoration Act; and (2) the Secretary of the department in which the Coast Guard is operating for national recreational boating safety personnel and activities, the National Boating Safety Advisory Council, and national nonprofit boating safety public service organizations. Amends the Internal Revenue Code to extend Fund transfer restriction exceptions until March 5, 2017. Revises the formulas for apportioning unobligated amounts among states and paying the costs of administering recreational boating safety programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Pain at the Pump Act''. TITLE I--DENIAL OF CERTAIN TAX BENEFITS TO OIL AND GAS COMPANIES SEC. 101. REPEAL OF ENHANCED OIL RECOVERY CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 43 (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Conforming Amendments.-- (1) Subsection (b) of section 38 of such Code is amended by striking paragraph (6) and redesignating paragraphs (7) through (36) as paragraphs (6) through (35), respectively. (2) Paragraph (7) of section 45Q(d) of such Code is amended to read as follows: ``(7) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2009, there shall be substituted for each dollar amount contained in subsection (a) an amount equal to the product of-- ``(i) such dollar amount, multiplied by ``(ii) the inflation adjustment factor for such calendar year. ``(B) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to any calendar year, a fraction the numerator of which is the GNP implicit price deflator for the preceding calendar year and the denominator of which is the GNP implicit price deflator for 2008. For purposes of the preceding sentence, the term `GNP implicit price deflator' means the first revision of the implicit price deflator for the gross national product as computed and published by the Secretary of Commerce. Not later than April 1 of any calendar year, the Secretary shall publish the inflation adjustment factor for the preceding calendar year.''. (3) Subsection (c) of section 196 of such Code is amended by striking paragraph (5) and redesignating paragraphs (6) through (14) as paragraphs (5) through (13), respectively. (c) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2011. (2) Continuation of basis reductions.--Paragraph (2) of section 43(d) of the Internal Revenue Code of 1986 (as in effect before its repeal by this section) shall continue to apply with respect to credits determined for taxable years beginning on or before December 31, 2011. SEC. 102. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 45I (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Conforming Amendment.--Subsection (b) of section 38 of such Code, as amended by section 101, is amended by striking paragraph (18) and redesignating paragraphs (19) through (35) as paragraphs (18) through (34), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 103. REPEAL OF EXPENSING OF INTANGIBLE DRILLING AND DEVELOPMENT COSTS. (a) In General.--Section 263 of the Internal Revenue Code of 1986 is amended by striking subsection (c). (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 104. REPEAL OF DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 193 (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 105. REPEAL OF EXCEPTION TO PASSIVE LOSS LIMITATIONS FOR WORKING INTERESTS IN OIL AND GAS PROPERTIES. (a) In General.--Paragraph (3) of section 469(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Termination.--Subparagraph (A) shall not apply with respect to any taxable year beginning after the date of the enactment of this Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 106. REPEAL OF PERCENTAGE DEPLETION FOR OIL AND GAS WELLS. (a) In General.--Part I of subchapter I of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 613A (and the table of sections of such part is amended by striking the item relating to such section). (b) Conforming Amendments.-- (1) Subsection (d) of section 45H of such Code is amended-- (A) by striking ``For purposes this section'' and inserting the following: ``(1) In general.--For purposes of this section'', (B) by striking ``(within the meaning of section 613A(d)(3))'', and (C) by adding at the end the following new paragraph: ``(2) Related person.--For purposes of this subsection, a person is a related person with respect to the taxpayer if a significant ownership interest in either the taxpayer or such person is held by the other, or if a third person has a significant ownership interest in both the taxpayer and such person. For purposes of the preceding sentence, the term `significant ownership interest' means-- ``(A) with respect to any corporation, 5 percent or more in value of the outstanding stock of such corporation, ``(B) with respect to a partnership, 5 percent or more interest in the profits or capital of such partnership, and ``(C) with respect to an estate or trust, 5 percent or more of the beneficial interests in such estate or trust. For purposes of determining a significant ownership interest, an interest owned by or for a corporation, partnership, trust, or estate shall be considered as owned directly both by itself and proportionately by its shareholders, partners, or beneficiaries, as the case may be.''. (2) Subparagraph (F) of section 56(g)(4) of such Code is amended to read as follows: ``(F) Depletion.--The allowance for depletion with respect to any property placed in service in a taxable year beginning after December 31, 1989, shall be cost depletion determined under section 611.''. (3) Paragraph (1) of section 57(a) of such Code is amended by striking the last sentence. (4) Paragraph (4) of section 291(b) of such Code is amended by adding at the end the following: ``Any reference in the preceding sentence to section 613A shall be treated as a reference to such section as in effect prior to the date of the enactment of the Pain at the Pump Act.''. (5) Subsection (d) of section 613 of such Code is amended by striking ``Except as provided in section 613A, in the case of'' and inserting ``In the case of''. (6) Subsection (e) of section 613 of such Code is amended-- (A) by striking ``or section 613A'' in paragraph (2), and (B) by striking ``any amount described in section 613A(d)(5)'' in paragraph (3) and inserting ``any lease bonus, advance royalty, or other amount payable without regard to production from property''. (7) Subsection (a) of section 705 of such Code is amended-- (A) by inserting ``and'' at the end of paragraph (1)(C), (B) by striking ``; and'' at the end of paragraph (2)(B) and inserting a period, and (C) by striking paragraph (3). (8) Section 776 of such Code is amended by striking subsection (a) and by redesignating subsection (b) as subsection (a). (9) Subparagraph (D) of section 954(g)(2) of such Code is amended by inserting ``(as in effect before the date of the enactment of the Pain at the Pump Act)'' after ``section 613A''. (10) Subparagraph (C) of section 993(c)(2) of such Code is amended by striking ``section 613 or 613A'' and inserting ``section 613 (determined without regard to subsection (d) thereof)''. (11) Subparagraph (D) of section 1202(e)(3) of such Code is amended by striking ``section 613 or 613A'' and inserting ``section 613 (determined without regard to subsection (d) thereof)''. (12) Paragraph (2) of section 1367(a) of such Code is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (13) Subsection (c) of section 1446 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2011. SEC. 107. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS ACTIVITIES. (a) In General.--Subparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by inserting after clause (iii) the following new clause: ``(iv) the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof.''. (b) Conforming Amendment.--Subsection (d) of section 199 of such Code is amended by striking paragraph (9) and by redesignating paragraph (10) as paragraph (9). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 108. 7-YEAR AMORTIZATION FOR GEOLOGICAL AND GEOPHYSICAL EXPENDITURES. (a) In General.--Subsection (h) of section 167 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``24-month'' in paragraphs (1) and (4) and inserting ``7-year'', and (2) by striking paragraph (5). (b) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after December 31, 2011. TITLE II--INVESTMENT IN CLEAN ENERGY PROGRAMS SEC. 201. INVESTMENT IN CLEAN ENERGY PROGRAMS. It is the sense of Congress that the increase in revenue to the Federal Government resulting from the provisions of, and amendments made by, title I should be used to make additional expenditures in the following areas and programs: (1) Alternative fuel technology programs. (2) Advanced battery development programs. (3) Programs of the Advanced Research Projects Agency-- Energy. (4) Research and development of clean energy technologies. (5) Clean energy loan guarantee programs. (6) Programs of the Office of Energy Efficiency and Renewable Energy of the Department of Energy. (7) Weatherization Assistance Program. (8) State Energy Program. (9) Low Income Home Energy Assistance Program. (10) Distributed generation and turbine research and development.", "summary": "Pain at the Pump Act - Amends the Internal Revenue Code to repeal certain tax incentives for oil and gas companies, including: (1) the tax credit for enhanced oil recovery, (2) the tax credit for producing oil and gas from marginal wells, (3) the expensing allowance for intangible drilling and development costs, (4) the tax deduction for tertiary injectant expenses, (5) the exception to passive loss limitations for working interests in oil and gas properties, and (6) percentage depletion for oil and gas wells. Denies a tax deduction for income attributable to the domestic production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof. Extends the required amortization period for geological and geophysical expenditures. Expresses the sense of Congress that increases in revenue resulting from this Act should be used to make additional expenditures for clean energy programs, including for alternative fuel technology, research and development, clean energy loan guarantees, and low-income home energy assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stand with the Iranian People Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS; STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) The Government of Iran has engaged in a brutal crackdown on the Iranian people in the aftermath of the disputed presidential election of June 12, 2009, stifling freedom of speech, press, and assembly and violating fundamental human rights. (2) On June 23, 2009, President Obama denounced the crackdown on the Iranian people, saying ``The United States respects the sovereignty of the Islamic Republic of Iran, and is not at all interfering in Iran's affairs. But we must also bear witness to the courage and dignity of the Iranian people, and to a remarkable opening within Iranian society''. (3) On June 19, 2009, the House of Representatives adopted H. Res. 560 by a vote of 405-1, ``expressing support for all Iranian citizens who struggle for freedom, human rights, civil liberties, and the protection of the rule of law''. (4) Iran's security forces, particularly the Iranian Revolutionary Guard Corps (IRGC) and the Basij volunteer militia, have been largely responsible for the violence and brutality committed against the Iranian people in the recent unrest. (5) Thousands of Iranian protesters have been arrested and detained for taking part in public demonstrations, with many being raped and tortured to extract false confessions to be used against them and others as part of government-run ``show trials''. (6) On June 20, 2009, twenty-six year old Neda Agha Soltan was shot and killed by a member of the Basij militia, symbolizing for Iranians and people all over the world the government's brutal crackdown against peaceful demonstrators. (b) Sense of the Congress.--It is the sense of Congress that the United States-- (1) respects the sovereignty, proud history, and rich culture of the Iranian people; (2) respects the universal values of freedom of speech, freedom of the press, and the freedom to assemble; (3) respects and admires the Iranian people as they take steps to peacefully express their voices, opinions, and aspirations; (4) deplores and condemns the use of coerced confessions and ``show trials'' as tools of political repression in Iran; (5) urges the Government of Iran to intensify its cooperation on the case of Robert Levinson with the Embassy of Switzerland in Tehran and to share the results of its investigation into the disappearance of Robert Levinson with the Federal Bureau of Investigation; and (6) recognizes the importance of diplomacy with Iran in order to advance the national security interests of the United States, but such diplomacy should not be construed as official recognition of the declared results from the June 12, 2009, Iranian presidential election. (c) Statement of Policy.--It should be the policy of the United States to-- (1) work to ensure that sanctions are clearly targeted at the Government of Iran and individuals within the Government of Iran, rather than the Iranian society as a whole, in order to avoid creating hardship and inflicting harm on the Iranian people; (2) encourage United States allies to freeze bank accounts held or controlled by Iranian Government officials who have carried out human rights abuses against the people of Iran; (3) encourage United States allies to deny entrance visas for non-official business to Iranian Government officials who have carried out human rights abuses against the people of Iran; (4) work in the United Nations Security Council to impose multilateral political and financial sanctions against Iranian Governmental officials, including officials of the IRGC and Basij militia, who have carried out human rights abuses against the people of Iran; (5) work within the United Nations to focus international attention on and investigate human rights abuses in Iran, and to secure the release of prisoners of conscience; (6) apply targeted political and financial sanctions against a foreign person or foreign entity that provides illicit support to the IRGC and Basij militia; (7) encourage cooperation between United States and Iranian nongovernmental organizations, particularly with regard to facilitating people-to-people exchanges; and (8) expedite admission to the United States of any national of Iran who is under threat of severe penalty as a result of participating in or reporting on pro-democracy activities inside Iran, and should encourage other governments to accept such Iranian refugees for resettlement, provided applicants have not engaged in or provided support for acts of terrorism and satisfy all criteria for acquiring refugee status. SEC. 3. IMPOSING TRAVEL RESTRICTIONS AGAINST IRAN'S HUMAN RIGHTS ABUSERS. (a) In General.--The Secretary of State shall deny the issuance of a visa and the Secretary of Homeland Security shall deny admission to the United States to any official of the Government of Iran who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses against the people of Iran (b) Waiver.--The ban described in subparagraph (a) may be waived if the Secretary of State certifies to Congress that such a waiver is in the national interests of the United States. SEC. 4. PROHIBITION ON PROCUREMENT CONTRACTS WITH PERSONS OR ENTITIES THAT PROVIDE CENSORSHIP OR SURVEILLANCE TECHNOLOGY TO THE GOVERNMENT OF IRAN. (a) Prohibition.--Notwithstanding any other provision of law, the head of an executive agency may not enter into or renew a contract for the procurement of goods or services with a person or entity that provides censorship or surveillance technology to the Government of Iran. (b) Waiver Provision.--The Secretary concerned may waive the application of the prohibition under subsection (a) with respect to a person or entity if the Secretary certifies to Congress that such a waiver is in the national interest of the United States. (c) Definitions.--In this section-- (1) the term ``censorship or surveillance technology'' means hardware, software, telecommunications equipment, or any other technology that the President determines is designed to provide a substantial capability-- (A) to restrict the free flow of information; or (B) to disrupt, monitor, or otherwise restrict speech; (2) the term ``executive agency'' has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403); and (3) the term ``Government of Iran'' means any agency or instrumentality of the Government of Iran, including any entity that is controlled by the Government of Iran. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), this section shall apply to contracts entered into on or after the date that is 90 days after the date of the enactment of this Act. (2) Exception.--With respect to a renewal of a contract, this section shall apply to a contract renewed on or after the date of the enactment of this Act. SEC. 5. AUTHORIZATION OF UNITED STATES NON-PROFIT ORGANIZATIONS' ACTIVITIES IN IRAN FOR THE PROVISION OF HUMANITARIAN AND PEOPLE-TO-PEOPLE ASSISTANCE. (a) Authorization.--Notwithstanding any other provision of law, the establishment and carrying out of operations in Iran for the direct provision of humanitarian and people-to-people assistance described in subsection (b) by any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 may not be prohibited or otherwise restricted. (b) Assistance Described.--The humanitarian and people-to-people assistance referred to in subsection (a) is assistance to-- (1) promote adequate and reliable nutrition; (2) advance child survival and maternal health; (3) improve access to safe water, sanitation, and shelter; (4) prepare for and respond to natural disasters; (5) improve access to basic health care; (6) prevent and treat drug addiction; (7) strengthen education and literacy; (8) promote equal rights for women and minorities; (9) support human rights and representative governance; (10) foster international and religious understanding and tolerance; and (11) facilitate international people-to-people exchanges. (c) Exception.--Subsection (a) shall not apply with respect to an organization described in subsection (a) if such organization provides services or conducts transactions with any organization or entity that appears on the Department of the Treasury's Specially Designated Nationals List. (d) Notification and Waiver.--The Secretary of the Treasury may require organizations authorized under subsection (a) to notify the Department of the Treasury up to 14 days in advance of commencing operations in Iran. The Secretary of the Treasury may waive the application of subsection (a) if the Secretary determines that it is in the national security interests of the United States to do so. (e) Effective Date.--This section shall apply with respect to the establishment and carrying out of operations described in subsection (a) on or after the date of the enactment of this Act.", "summary": "Stand with the Iranian People Act - Directs the Secretary of State to deny issuance of a visa and the Secretary of Homeland Security (DHS) to deny U.S. admission to any government official of Iran who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses against the people of Iran. Authorizes the Secretary of State to waive such ban if in the U.S. national interest. Prohibits the head of an executive agency from entering into or renewing a contract for the procurement of goods or services with a person or entity that provides censorship or surveillance technology to the government of Iran. Authorizes the Secretary concerned to waive such prohibition if in the U.S. national interest. States that the establishment and carrying out of operations by U.S. nonprofit organizations in Iran for the direct provision of specified humanitarian and people-to-people assistance may not be prohibited or restricted. Authorizes the Secretary of the Treasury to require such an organization to notify the Department of the Treasury up to 14 days in advance of commencing operations in Iran. Excludes from such provision an organization that provides services or conducts transactions with any organization or entity that appears on the Department of the Treasury's Specially Designated Nationals List (a list of organizations and individuals that are restricted from doing business with the United States or U.S companies or individuals)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Patients' Formulary Rights Act of 1999''. SEC. 2. PATIENT PROTECTIONS AGAINST ABUSE OF FORMULARIES FOR PRESCRIPTION DRUGS. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO USE OF FORMULARIES AND THERAPEUTIC SUBSTITUTION. ``(a) Requirements on Use of Formularies.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall not use a formulary unless the plan or issuer-- ``(A) notifies participants, beneficiaries, and enrollees, prior to initial enrollment or coverage, and makes available at any time to health care professionals who prescribe prescription drugs under the plan or coverage of the information described in paragraph (2); ``(B) notifies participants, beneficiaries, enrollees, and health care providers who prescribe covered prescription drugs under the plan or coverage on a routine and annual basis of any changes in (including deletions from) the formulary; and ``(C) in the case of a participant, beneficiary, or enrollee who is provided coverage for a prescription drug at the time the drug is removed from the formulary, to permit the participant, beneficiary, or enrollee to continue to have the drug prescribed for treatment of the same condition for which it was previously prescribed. ``(2) Information to be disclosed.--The information described in this paragraph is as follows (with respect to prescription drug coverage under a group health plan or health insurance coverage): ``(A) Extent of therapeutic substitution.--What constitutes the practice or therapeutic substitution that may be effected under the plan or coverage. ``(B) Formulary.--A complete list of all the prescription drugs included in the formulary and any changes in the formulary and how decisions to include drugs in the formulary are made. ``(C) Access to nonformulary drugs.--The fact that a patient can have a prescription filled as written (rather than subject to therapeutic substitution) if the prescribing health care professional uses a `dispense as written' or similar endorsement. ``(D) Payment for nonformulary drugs.--Whether or not the plan or coverage will cover or pay for prescription drugs not included in the formulary and, if it will, the extent of such coverage or payment. ``(E) Cost-sharing.--The copayments and other cost- sharing that is applicable under the plan or coverage for prescription drugs included on the formulary and for those not included on the formulary. ``(F) Limits on payments.--Limitations on the dollar amount the plan or coverage will cover for outpatient prescription drugs, including any such limits on a per year, per lifetime, or per diagnosis basis. ``(3) Formulary defined.--For purposes of this subsection, the term `formulary' includes any method under which a plan or issuer limits the particular drugs (among those that may be legally prescribed for treatment) for which coverage is made available under the plan or health insurance coverage offered by the issuer. ``(b) Notice of Requirement.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(c) Formulary Defined.--For purposes of this section, the term `formulary' includes any method under which a plan or issuer limits the particular drugs (among those that may be legally prescribed for treatment) for which coverage is made available under the plan or health insurance coverage offered by the issuer.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARDS RELATING TO USE OF FORMULARIES AND THERAPEUTIC SUBSTITUTION. ``(a) Requirements on Use of Formularies.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall not use a formulary unless the plan or issuer-- ``(A) notifies participants, beneficiaries, and enrollees, prior to initial enrollment or coverage, and makes available at any time to health care professionals who prescribe prescription drugs under the plan or coverage of the information described in paragraph (2); ``(B) notifies participants, beneficiaries, enrollees, and health care providers who prescribe covered prescription drugs under the plan or coverage on a routine and annual basis of any changes in (including deletions from) the formulary; and ``(C) in the case of a participant, beneficiary, or enrollee who is provided coverage for a prescription drug at the time the drug is removed from the formulary, to permit the participant, beneficiary, or enrollee to continue to have the drug prescribed for treatment of the same condition for which it was previously prescribed. ``(2) Information.--The information described in this paragraph is as follows (with respect to prescription drug coverage under a group health plan or health insurance coverage): ``(A) Extent of therapeutic substitution.--What constitutes the practice or therapeutic substitution that may be effected under the plan or coverage. ``(B) Formulary.--A complete list of all the prescription drugs included in the formulary and any changes in the formulary and how decisions to include drugs in the formulary are made. ``(C) Access to nonformulary drugs.--The fact that a patient can have a prescription filled as written (rather than subject to therapeutic substitution) if the prescribing health care professional uses a `dispense as written' or similar endorsement. ``(D) Payment for nonformulary drugs.--Whether or not the plan or coverage will cover or pay for prescription drugs not included in the formulary and, if it will, the extent of such coverage or payment. ``(E) Cost-sharing.--The copayments and other cost- sharing that is applicable under the plan or coverage for prescription drugs included on the formulary and for those not included on the formulary. ``(F) Limits on payments.--Limitations on the dollar amount the plan or coverage will cover for outpatient prescription drugs, including such any such limits on a per year, per lifetime, or per diagnosis basis. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply. ``(c) Formulary Defined.--For purposes of this section, the term `formulary' includes any method under which a plan or issuer limits the particular drugs (among those that may be legally prescribed for treatment) for which coverage is made available under the plan or health insurance coverage offered by the issuer.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standards relating to use of formularies and therapeutic substitution.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standards relating to use of formularies and therapeutic substitution.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. STANDARDS RELATING TO USE OF FORMULARIES AND THERAPEUTIC SUBSTITUTION. ``(a) Requirements on Use of Formularies.-- ``(1) In general.--A group health plan shall not use a formulary unless the plan or issuer-- ``(A) notifies participants and beneficiaries, prior to initial enrollment or coverage, and makes available at any time to health care professionals who prescribe prescription drugs under the plan of the information described in paragraph (2); ``(B) notifies participants, beneficiaries, and health care providers who prescribe covered prescription drugs under the plan on a routine and annual basis of any changes in (including deletions from) the formulary; and ``(C) in the case of a participant or beneficiary who is provided coverage for a prescription drug at the time the drug is removed from the formulary, to permit the participant or beneficiary to continue to have the drug prescribed for treatment of the same condition for which it was previously prescribed. ``(2) Information.--The information described in this paragraph is as follows (with respect to prescription drug coverage under a group health plan): ``(A) Extent of therapeutic substitution.--What constitutes the practice or therapeutic substitution that may be effected under the plan. ``(B) Formulary.--A complete list of all the prescription drugs included in the formulary and any changes in the formulary and how decisions to include drugs in the formulary are made. ``(C) Access to nonformulary drugs.--The fact that a patient can have a prescription filled as written (rather than subject to therapeutic substitution) if the prescribing health care professional uses a `dispense as written' or similar endorsement. ``(D) Payment for nonformulary drugs.--Whether or not the plan will cover or pay for prescription drugs not included in the formulary and, if it will, the extent of such coverage or payment. ``(E) Cost-sharing.--The copayments and other cost- sharing that is applicable under the plan for prescription drugs included on the formulary and for those not included on the formulary. ``(F) Limits on payments.--Limitations on the dollar amount the plan will cover for outpatient prescription drugs, including such any such limits on a per year, per lifetime, or per diagnosis basis. ``(b) Formulary Defined.--For purposes of this section, the term `formulary' includes any method under which a plan or issuer limits the particular drugs (among those that may be legally prescribed for treatment) for which coverage is made available under the plan.'' (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING PATIENT FREEDOM OF CHOICE. ``(a) In General.--The provisions of section 2707(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Medicare+Choice Plans.--Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is amended by adding at the end the following new subsection: ``(l) Formulary Requirements.-- ``(1) In general.--A Medicare+Choice organization shall comply with the requirements of section 2707 of the Public Health Service Act with respect to a Medicare+Choice plan it offers in the same manner as such requirements apply to health insurance coverage offered in connection with a group health plan. ``(2) Construction.--Nothing in paragraph (1) shall be construed as superseding other requirements of this part, except to the extent the Secretary specifically finds that such other requirements are less stringent, and do not duplicate, the requirements referred to in such paragraph.''. (d) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (4), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2001. (2) Individual health insurance coverage.--The amendments made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Medicare+choice plans.--The amendments made by subsection (b) apply with respect to Medicare+Choice plans offered on or after such date. (4) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2001. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (e) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.", "summary": "Includes within required formulary information: (1) the extent of therapeutic substitution; (2) a complete list of all drugs included in the formulary; (3) information on access to nonformulary drugs; (4) whether or not, and to what extent, coverage will exist for nonformulary drugs; (5) copayments or other cost-sharing for formulary drugs; and (6) limits on coverage payments for outpatient formulary and nonformulary drugs. Amends title XVIII (Medicare) of the Social Security Act to require its authorized health insurance issuers and any Medicare+Choice organization to comply with such notification requirements in the same manner that such requirements apply to health insurance coverage or issuers in connection with a group plan. Requires the coordination of notification and formulary requirements through an interagency memorandum of understanding among the Secretaries of Labor, the Treasury, and Health and Human Services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolutionary War Historic Preservation Study Act of 1994''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``Commission'' means the Revolutionary War Sites Advisory Commission established in section 4; (2) the term ``Secretary'' means the Secretary of the Interior; and (3) the term ``Revolutionary War sites'' means those sites and structures situated in the United States which are thematically tied with the nationally significant events that occurred during the Revolutionary War. SEC. 3. FINDINGS. The Congress finds that-- (1) Revolutionary War sites provide a means for Americans to understand and interpret that period in American history; (2) the historical integrity of many of these sites are at risk because they are located in regions which are undergoing rapid urban and suburban development; and (3) it is important to obtain current information on the significance of such sites, threats to their integrity, and alternatives for their preservation and interpretation for the benefit of the Nation. SEC. 4. ESTABLISHMENT OF REVOLUTIONARY WAR SITES ADVISORY COMMISSION. (a) In General.--There is hereby established the Revolutionary War Sites Advisory Commission. The Commission shall consist of 13 members appointed as follows: (1) Three individuals who are nationally recognized as experts and authorities on the history of the Revolutionary War, and 2 individuals who are nationally recognized as experts and authorities in historic preservation and land use planning, appointed by the Secretary. (2) The Director of the National Park Service or his or her designee. (3) The chair of the Advisory Council on Historic Preservation, or his or her designee. (4) Three individuals appointed by the Speaker of the United States House of Representatives in consultation with the chairman and ranking minority member of the Committee on Natural Resources. (5) Three individuals appointed by the President Pro Tempore of the United States Senate in consultation with the chairman and ranking minority member of the Committee on Energy and Natural Resources. (b) Chair.--The Commission shall elect a chair from among its members. (c) Vacancies.--Vacancies occurring on the Commission shall not affect the authority of the remaining members of the Commission to carry out the functions of the Commission. Any vacancy in the Commission shall be promptly filled in the same manner in which the original appointment was made. (d) Quorum.--A simple majority of Commission members shall constitute a quorum. (e) Meetings.--The Commission shall meet at least quarterly or upon the call of the chair or a majority of the members of the Commission. (f) Compensation.--Members of the Commission shall serve without compensation. Members of the Commission, when engaged in official Commission business, shall be entitled to travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in government service under section 5703 of title 5, United States Code. (g) Termination.--The Commission established by this section shall terminate 90 days after the transmittal of the report to Congress as provided in section 7(c). SEC. 5. STAFF OF THE COMMISSION. (a) Executive Director.--The Director of the National Park Service, or his or her designee, shall serve as the Executive Director of the Commission. (b) Staff.--The Director of the National Park Service shall, on a reimbursable basis, detail such staff as the Commission may require to carry out its duties. (c) Staff of Other Agencies.--Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. (d) Experts and Consultants.--Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as authorized by section 3109(b) of title 5, United States Code, but at rates determined by the Commission to be reasonable. SEC. 6. POWERS OF THE COMMISSION. (a) In General.--The Commission may for the purpose of carrying out this Act hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may deem advisable. (b) Bylaws.--The Commission may make such bylaws, rules, and regulations, consistent with this Act, as it considers necessary to carry out its functions under this Act. (c) Delegation.--When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (d) Mails.--The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. SEC. 7. DUTIES OF THE COMMISSION. (a) Preparation of Study.--The Commission shall prepare a study of Revolutionary War sites. Such study shall identify the sites, determine the relative significance of such sites, assess short- and long-term threats to their integrity, and provide alternatives for the preservation and interpretation of such sites by Federal, State, and local governments, or other public or private entities, as may be appropriate. The Commission shall research and propose innovative open space and land preservation techniques. Such alternatives may include (but shall not be limited to) designation as units of the National Park System or as affiliated areas. The study may include existing units of the National Park System. (b) Consultation.--During the preparation of the study referred to in subsection (a), the Commission shall consult with the Governors of affected States, affected units of local government, State and local historic preservation organizations, scholarly organizations, and such other interested parties as the Commission deems advisable. (c) Transmittal to the Secretary and Congress.--Not later than 2 years after the date that funds are made available for the study referred to in subsection (a), the Commission shall transmit such study to the Secretary and the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. (d) Report.--Whenever the Commission submits a report of the study to the Secretary or the Office of Management and Budget, it shall concurrently transmit copies of that report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.", "summary": "Revolutionary War Historic Preservation Study Act of 1994 - Establishes the Revolutionary War Sites Advisory Commission to: (1) prepare a study of Revolutionary War sites which shall identify their significance, determine threats to their integrity, and provide alternatives for their preservation and interpretation; and (2) report to the Secretary of the Interior and specified congressional committees. Requires the Commission to research and propose innovative open space and land preservation techniques such as designation as units of the National Park System (NPS) or as affiliated areas. Allows the study to include existing NPS units. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Lymphedema Diagnosis and Treatment Cost-Saving Act of 2011''. SEC. 2. COVERAGE OF LYMPHEDEMA DIAGNOSIS AND TREATMENT SERVICES UNDER MEDICARE. (a) Coverage of Services.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) in subparagraph (EE), by striking ``and'' at the end; (B) in subparagraph (FF), by adding ``and'' at the end; and (C) by adding at the end the following new subparagraph: ``(GG)(i) lymphedema diagnosis services (as defined in subsection (iii)(1)) and lymphedema treatment services (as described in subsection (iii)(2)); and ``(ii) lymphedema compression treatment items (as defined in subsection (jjj)).''; and (2) by adding at the end the following new subsections: ``(iii) Lymphedema Diagnosis and Treatment Services.--(1) Lymphedema Diagnosis Services.--The term `lymphedema diagnosis services' means, with respect to an individual, the differential diagnosis of the source of the individual's edema and the identification of the specific etiology and functional lymphatic deficiency, in which such diagnosis-- ``(A) is provided by a provider, as defined in paragraph (3), for the purpose of developing a lymphedema treatment plan; and ``(B) may utilize any diagnostic tools the provider determines to be reasonable and necessary. ``(2) Lymphedema Treatment Services.--The term `lymphedema treatment services' means, with respect to an individual, services for the treatment of lymphedema (regardless of cause)-- ``(A) that are-- ``(i) provided in an inpatient or outpatient setting; ``(ii) provided by a provider, as defined in paragraph (3), within the established scope of practice of such provider; and ``(iii) medically necessary, in accordance with the current standard of lymphedema treatment, including complete decongestive therapy, which is a multi-modal therapy comprising of manual lymph drainage, compression therapy utilizing multilayer bandage systems, compression garments and devices, exercise, skin care, patient education, and any other lymphedema treatment modalities determined by the Secretary to be safe and effective; and ``(B) which shall-- ``(i) include as medically necessary with respect to the individual-- ``(I) an initial evaluation and course of clinical treatment, including initial baseline measurements and subsequent measurements to assess treatment efficacy and progress; ``(II) follow-up courses of clinical treatment; ``(III) in the case that such individual has cancer, clinical measurements, including initial pre-operative baseline measurements and periodic subsequent measurements to diagnose the presence of lymphedema; and ``(IV) any other treatment modality approved by the Secretary; and ``(ii) be provided in accordance with such schedule, duration, and number of treatments as determined medically necessary. ``(3) Provider Defined.--For purposes of this subsection and subsection (jjj), the term `provider' means any licensed medical or health care provider whose State licensing board recognizes lymphedema diagnosis, lymphedema treatment, or both to fall within the scope of practice of such medical or health care provider. ``(jjj) Lymphedema Compression Treatment Items.--The term `lymphedema compression treatment items' means, with respect to an individual, compression garments, devices, bandaging systems, components, and supplies that are primarily and customarily used in the medical treatment of lymphedema of the arms, hands, legs, feet, torso, face and neck, breast and chest, abdomen, and genitalia, as prescribed by a provider, as defined in subsection (iii)(3). Such term includes-- ``(1) multilayer compression bandaging systems, including short-stretch and medium-stretch compression bandages; cotton, synthetic, or foam padding; gauze or elastic finger and toe bandages; foam pads; directional flow padding; and tubular bandages; ``(2) custom or standard fit gradient compression garments; ``(3) non-elastic and low-elastic compression garments, manually adjustable or fitted padded directional flow garments (with or without elastic or non-elastic compression jackets) and compression wraps and directional flow pads; ``(4) aids and ancillary equipment consisting of donning aids, bandage rollers, shoes to fit over compression items, and other specialized items used with the items described in paragraphs (1) through (3); ``(5) pneumatic appliances connected to and used in conjunction with pneumatic sequential compression controllers; ``(6) any other compression garments, bandaging systems, devices, and aids determined by the Secretary to be effective in the prevention or treatment of lymphedema; and ``(7) replacements of any items under this subsection in accordance with section 1834(p)(3).''. (b) Payment.-- (1) Lymphedema compression treatment items.-- (A) In general.--Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended-- (i) in paragraph (8), by striking at the end ``and''; (ii) in paragraph (9), by striking at the end the period and inserting a semi-colon; and (iii) by adding at the end the following new paragraph: ``(10) in the case of lymphedema compression treatment items described in section 1861(jjj), the amount determined under section 1834(p); and''. (B) Payment determined.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(p) Payment for Lymphedema Compression Treatment Items.-- ``(1) General rule for payment.-- ``(A) In general.--With respect to a lymphedema compression treatment item as defined in section 1861(jjj)) for which payment is determined under this subsection, subject to subparagraph (D), payment shall be made in an amount equal to 80 percent of the payment basis described in subparagraph (B). ``(B) Payment basis.--The payment basis described in this subparagraph, with respect to a lymphedema compression treatment item described in section 1861(jjj), is the actual charge for the item. ``(C) Exclusive payment rule for home health agencies.--Notwithstanding any other provision of this title, this subsection shall constitute the exclusive provision of this title for payment for lymphedema compression treatment items described in section 1861(jjj) under this part or under part A to a home health agency or for such items that are furnished as an incident to a physician's professional service. ``(2) Allowable quantities.--In the case it is determined by a provider, as defined in section 1861(iii)(3), that lymphedema compression treatment items are required as part of lymphedema treatment services under section 1861(iii)(2), then payment may be made under this title in accordance with this subsection for such items in the quantity which is customary, reasonable, and medically necessary. ``(3) Replacement of lymphedema compression treatment items.-- ``(A) In general.--Payment shall be made under this subsection, with respect to an individual, for the replacement of a lymphedema compression treatment item if the period of the reasonable and useful lifetime of the item (as described in subparagraph (B)) has expired or a provider, as defined in section 1861(iii)(3), determines that a replacement, or repair, of such item, is medically necessary. ``(B) Reasonable and useful lifetime.--For purposes of subparagraph (A), the period of the reasonable and useful lifetime of a lymphedema compression treatment item is as follows: ``(i) In the case of any item described in section 1861(jjj)(1), 1 year. ``(ii) In the case of any item described in section 1861(jjj)(2), 6 months. ``(iii) In the case of any item described in section 1861(jjj)(3), 2 years. ``(iv) In the case of any item described in section 1861(jjj)(4), 1 year. ``(v) In the case of any item described in section 1861(jjj)(5), 5 years. ``(vi) In the case of any item described in section 1861(jjj)(6), such period as determined by the Secretary, in consultation with appropriate health organizations, at the time the Secretary determines such item to be effective in the prevention or treatment of lymphedema.''. (C) Application of supplier requirements.--Section 1834(j)(5) of such Act (42 U.S.C. 1395m(j)(5)) is amended-- (i) in subparagraph (E), by striking at the end ``and''; (ii) in subparagraph (F), by striking at the end the period and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(G) lymphedema compression treatment items (as defined in section 1861(jjj)).''. (2) Lymphedema diagnosis and treatment services.-- (A) In general.--Section 1833(a) of such Act, as amended by paragraph (1)(A), is further amended by adding at the end the following new paragraph: ``(11)(A) in the case of lymphedema diagnosis services (as defined in section 1861(iii)(1)) furnished by a provider (as defined in section 1861(iii)(3)) the amount described in section 1834(q); and ``(B) in the case of lymphedema treatment services (as defined in section 1861(iii)(2)) furnished by a provider (as defined in section 1861(iii)(3)) the amount described in section 1834(k).''. (B) Payment method.--Section 1834 of such Act, as amended by paragraph (1)(B), is further amended by adding at the end the following new subsection: ``(q) Payment for Outpatient Lymphedema Diagnosis and Treatment Services by Physicians and Non-Physician Practitioners.-- ``(1) In general.--For purposes of section 1833(a)(11), the amount described in this subsection, with respect to a lymphedema diagnosis service or lymphedema treatment service, is 80 percent of the lesser of-- ``(A) the actual charge for the service; or ``(B) the applicable fee schedule amount (as defined in paragraph (2)) for the service. ``(2) Applicable fee schedule amount.--In this subsection, the term `applicable fee schedule amount' means, with respect to services furnished in a year, the amount determined under the fee schedule established under section 1848 for such services furnished during the year.''. (C) Conforming amendment for payments under 1834(k).--Section 1834(k)(1) of such Act (42 U.S.C. 1395m(k)(1)) is amended by striking ``or 1833(a)(9)'' and inserting ``1833(a)(9), or 1833(a)(11)''. (c) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after the date that is 180 days from the date of the enactment of this Act.", "summary": "Lymphedema Diagnosis and Treatment Cost Savings Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to extend coverage to lymphedema diagnosis and treatment services. including lymphedema compression treatment items."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster-Affected Homeowners Notification Act of 2013''. SEC. 2. REQUIREMENT TO NOTIFY AFFECTED HOMEOWNERS OF MORTGAGE RELIEF. (a) Requirement.--If, in connection with any major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Secretary of Housing and Urban Development, the Director of the Federal Housing Finance Agency, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation makes available forbearance relief with respect to any covered mortgage, or any such agency head or enterprise issues any notice or guidelines to mortgagees or servicers recommending or requiring such relief, the applicable agency head shall-- (1) provide, to each mortgagor under a covered mortgage, direct notification in accordance with subsection (b) of such relief made available, required, or recommended; and (2) provide, for areas subject to such disaster declaration, community-wide notification in accordance with the guidelines issued under subsection (c) of such relief made available, required, or recommended. (b) Direct Notification.--Direct notification in accordance with this subsection is notification to the mortgagor under a covered mortgage-- (1)(A) made by a telephone call to the mortgagor or by mail to the residence subject to the mortgage; and (B) by such other method of direct contact as may be provided in the guidelines issued pursuant to subsection (e); and (2) that clearly informs the mortgagor-- (A) that the mortgage is a covered mortgage; (B) of the forbearance relief made available, required, or recommended; (C) of any moratorium on foreclosure with respect to covered mortgages; and (D) of how to obtain more information regarding such relief. (c) Community-Wide Notification and Awareness Measures.--The applicable agency heads shall, pursuant to subsection (e), issue guidelines regarding measures designed to provide notice and awareness of any forbearance relief made available, required, or recommended in connection with a major disaster throughout the areas subject to such disaster declaration. Such guidelines may include requirements regarding the types of notification measures, such as town hall meetings, public service announcements, public advertisements and the types of media used to convey such advertisements, and flyers and other community notices. (d) Definitions.--For purposes of this section, the following definitions shall apply: (1) Applicable agency head.--The term ``applicable agency head'' means-- (A) the Secretary, with respect to a covered mortgage described in paragraph (2)(B)(i); and (B) the Director, with respect to a covered mortgage described in paragraph (2)(B)(ii). (2) Covered mortgage.--The term ``covered mortgage'' means, with respect to any major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), a mortgage-- (A) that is secured by a one- to four-family dwelling that-- (i) is the principal residence of the mortgagor; and (ii) is located within an area for which such major disaster was declared; and (B) that is-- (i) insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.); or (ii) owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. Any delinquency or default under a mortgage shall not affect the status of such mortgage as a covered mortgage. (3) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (4) Forbearance relief.--The term ``forbearance relief'' means, with respect to a mortgage, any suspension or reduction of payments due under the mortgage, in any form and to any extent. (5) Mortgagee.--The term ``mortgagee'' means, with respect to a covered mortgage, the original lender under the mortgage and any affiliates, agents, subsidiaries, successors, or assignees of such lender, any subsequent purchaser, trustee, or transferee of the mortgage or credit instrument issued by such lender. (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (e) Guidelines.--Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary and the Director shall jointly issue guidelines to carry out this section. (f) Applicability.--This Act shall apply with respect to any major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act in connection with Hurricane Sandy and any major disaster declared thereafter.", "summary": "Disaster-Affected Homeowners Notification Act of 2013 - Requires certain notifications if, in connection with any major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Secretary of Housing and Urban Development (HUD), the Director of the Federal Housing Agency, the Federal National Mortgage Association (Fannie Mae), or the Federal Home Loan Mortgage Corporation (Freddie Mac) makes available forbearance relief with respect to any covered mortgage, or any such agency head or enterprise issues any notice or guidelines to mortgagees or servicers recommending or requiring such relief. Directs the applicable agency head to provide: (1) to each mortgagor under a covered mortgage direct notification of the forbearance relief made available, required, or recommended; and (2) for areas subject to such disaster declaration, community-wide notification of such relief. Directs the applicable agency heads to issue guidelines regarding measures designed to provide notice and awareness of forbearance relief."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``HUD Programs Information Verification Act''. SEC. 2. HUD DATA MATCH WITH NATIONAL DIRECTORY OF NEW HIRES. (a) Information Comparisons for Public and Assisted Housing Programs.--Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended by adding at the end the following new paragraph: ``(7) Information comparisons for housing assistance programs.-- ``(A) Furnishing of information by hud.--Subject to subparagraph (G), the Secretary of Housing and Urban Development shall furnish to the Secretary, on such periodic basis as determined by the Secretary of Housing and Urban Development in consultation with the Secretary, information in the custody of the Secretary of Housing and Urban Development for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals who are participating in any program under-- ``(i) the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); ``(ii) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); ``(iii) section 221(d)(3), 221(d)(5), or 236 of the National Housing Act (12 U.S.C. 1715l(d) and 1715z-1); ``(iv) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); or ``(v) section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s). ``(B) Requirement to seek minimum information.--The Secretary of Housing and Urban Development shall seek information pursuant to this section only to the extent necessary to verify the employment and income of individuals described in subparagraph (A). ``(C) Duties of the secretary.-- ``(i) Information disclosure.--The Secretary, in cooperation with the Secretary of Housing and Urban Development, shall compare information in the National Directory of New Hires with information provided by the Secretary of Housing and Urban Development with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Secretary of Housing and Urban Development, in accordance with this paragraph, for the purposes specified in this paragraph. ``(ii) Condition on disclosure.--The Secretary shall make disclosures in accordance with clause (i) only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. ``(D) Use of information by hud.--The Secretary of Housing and Urban Development may use information resulting from a data match pursuant to this paragraph only-- ``(i) for the purpose of verifying the employment and income of individuals described in subparagraph (A); and ``(ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals described in subparagraph (A). ``(E) Disclosure of information by hud.-- ``(i) Purpose of disclosure.--The Secretary of Housing and Urban Development may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph (A). ``(ii) Disclosures permitted.--Subject to clause (iii), the Secretary of Housing and Urban Development may disclose information resulting from a data match pursuant to this paragraph only to a public housing agency, the Inspector General of the Department of Housing and Urban Development, and the Attorney General in connection with the administration of a program described in subparagraph (A). Information obtained by the Secretary of Housing and Urban Development pursuant to this paragraph shall not be made available under section 552 of title 5, United States Code. ``(iii) Conditions on disclosure.-- Disclosures under this paragraph shall be-- ``(I) made in accordance with data security and control policies established by the Secretary of Housing and Urban Development and approved by the Secretary; ``(II) subject to audit in a manner satisfactory to the Secretary; and ``(III) subject to the sanctions under subsection (l)(2). ``(iv) Additional disclosures.-- ``(I) Determination by secretaries.--The Secretary of Housing and Urban Development and the Secretary shall determine whether to permit disclosure of information under this paragraph to persons or entities described in subclause (II), based on an evaluation made by the Secretary of Housing and Urban Development (in consultation with and approved by the Secretary), of the costs and benefits of disclosures made under clause (ii) and the adequacy of measures used to safeguard the security and confidentiality of information so disclosed. ``(II) Permitted persons or entities.--If the Secretary of Housing and Urban Development and the Secretary determine pursuant to subclause (I) that disclosures to additional persons or entities shall be permitted, information under this paragraph may be disclosed by the Secretary of Housing and Urban Development to a private owner, a management agent, and a contract administrator in connection with the administration of a program described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. ``(v) Restrictions on redisclosure.--A person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. ``(F) Reimbursement of hhs costs.--The Secretary of Housing and Urban Development shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. ``(G) Consent.--The Secretary of Housing and Urban Development shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual).''. (b) Consent to Information Comparison and Use as Condition of Hud Program Eligibility.--As a condition of participating in any program authorized under-- (1) the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); (2) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); (3) section 221(d)(3), 221(d)(5), or 236 of the National Housing Act (12 U.S.C. 1715l(d) and 1715z-1); (4) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); or (5) section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s), the Secretary of Housing and Urban Development may require consent by an individual (or by a person legally authorized to consent on behalf of such individual) for such Secretary to obtain, use, and disclose information with respect to such individual in accordance with section 453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)).", "summary": "HUD Programs Information Verification Act - Amends part D (Child Support and Establishment of Paternity) of title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act to provide for public and assisted housing-related employment and income data comparisons between the Department of Housing and Urban Development and the Department of Health and Human Services' National Directory of New Hires.Sets forth data disclosure and use limitations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Extend Auditory Relief (HEAR) Act of 2013''. SEC. 2. MEDICARE COVERAGE OF HEARING REHABILITATION. (a) Coverage of Aural Rehabilitation Services.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (EE), by striking ``and'' at the end; (2) in subparagraph (FF) by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(GG) aural rehabilitation services (as described in subsection (iii)(1)(A));''. (b) Coverage of Hearing Aids as Durable Medical Equipment.--Section 1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended by inserting ``and hearing aids (as defined in subsection (iii)(3))'' before the period. (c) Hearing Rehabilitation and Hearing Aid Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Hearing Rehabilitation ``(iii)(1) The term `hearing rehabilitation' means-- ``(A) aural rehabilitation services (described in paragraph (2)) which meet such requirements as the Secretary prescribes and which are furnished by a physician or qualified audiologist, who is legally authorized to furnish such services under the State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and ``(B) hearing aids (as defined in paragraph (3)). ``(2) The services described in this subparagraph include-- ``(A) aural rehabilitation services; ``(B) in the case of an individual who has a hearing loss (as defined by the Secretary), a comprehensive audiologic assessment to determine if a hearing aid is appropriate and to determine the need for other diagnostic medical or audiologic testing; and ``(C) a threshold test to determine audio acuity. ``(3)(A) The term `hearing aid' means a hearing aid described in subparagraph (B), including the services described in subparagraph (C) furnished by a physician or qualified audiologist, who is legally authorized to supply such hearing aid under the State law (or State regulatory mechanism provided by State law) of the State in which the hearing aid is supplied, to an individual described in subparagraph (D). ``(B) A hearing aid described in this subparagraph is any wearable instrument or device for, offered for the purpose of, or represented as aiding individuals with, or compensating for, hearing loss that meets requirements of the Food and Drug Administration for marketing. ``(C) The services described in this subparagraph include-- ``(i) audiology services (as defined in subsection (ll)(2)); ``(ii) a hearing aid assessment to determine the appropriate hearing aid for the individual; ``(iii) procurement of an appropriate hearing aid; ``(iv) initial fitting and adjustment of the hearing aid; ``(v) appropriate instruction on the use of the hearing aid; ``(vi) periodic refittings and adjustments; and ``(vii) rehabilitation, including counseling on hearing loss, speech reading, and auditory training. ``(D) The individuals described in this subparagraph-- ``(i) have been determined (as a result of a comprehensive audiologic assessment) to have a hearing loss which can be appropriately treated with a hearing aid; ``(ii) have not been supplied with one monaural hearing aid or two binaural hearing aids during the preceding 3 years; and ``(iii) have had a comprehensive audiologic assessment which indicates that the hearing of such individual has deteriorated since such individual was last supplied with a hearing aid such that a hearing aid of a different type is appropriate for such individual.''. (d) Inclusion of Audiology Rehabilitation Services.--Section 1861(ll)(2) of the Social Security Act (42 U.S.C. 1395x(ll)(2)) is amended by inserting ``and rehabilitation'' after ``balance assessment''. (e) Exception to Exclusions From Coverage.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (O), by striking ``and'' at the end; (B) in subparagraph (P); by striking the semicolon at the end and inserting ``, and''; and (C) by adding at the end the following new subparagraph: ``(Q) in the case of hearing rehabilitation, which is furnished or supplied more frequently than is provided under section 1861(iii)(3)(D)(ii).''; and (2) in paragraph (7) by striking ``hearing aids or examinations therefor''. (f) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to items and services furnished on or after January 1 of such year, not later than the third year beginning after such date of enactment, as the Secretary of Health and Human Services shall specify.", "summary": "Help Extend Auditory Relief (HEAR) Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to cover aural rehabilitation services, hearing aids as durable medical equipment (DME), audiology rehabilitation services, and related hearing services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Service Financial Accountability Restoration Act of 1999''. SEC. 2. USE OF INCENTIVES TO RESTORE FOREST SERVICE FINANCIAL ACCOUNTABILITY. (a) Findings.--The Congress finds the following: (1) Section 3521(e) of title 31, United States Code, requires the Inspector General of the Department of Agriculture to audit the annual financial statements required to be prepared by the Forest Service. As a result of the inability of the Forest Service to produce reliable financial statements, the agency has received four successive adverse opinions or disclaimers from the Inspector General. (2) In January 1999, the Comptroller General submitted a report to Congress that identified the Forest Service as an agency at ``high risk'' of waste, fraud, abuse, and mismanagement due to the persistent and severe weaknesses in the Forest Service's accounting and financial reporting systems. (3) The Comptroller General has stated that the Forest Service will maintain its high risk status until the agency, at a minimum-- (A) receives two consecutive unqualified audit opinions from the Inspector General; and (B) corrects the material internal control weaknesses, identified in the Inspector General's audit reports of the financial statements of the Forest Service, which adversely affect the ability of the Forest Service to maintain accountability over its assets on an ongoing basis. (4) Despite initial efforts on the part of the Forest Service to correct deficiencies in its financial management systems, the Comptroller General and the Inspector General of the Department of Agriculture have indicated that the Forest Service may still be years away from producing reliable financial statements or changing its high risk status. (5) Performance incentives are necessary to ultimately restore financial accountability to the Forest Service, and such incentives must be structured so as to preserve the ability of the Forest Service to perform its core missions, particularly a sustained reduction of the natural resources restoration and maintenance backlog within the National Forest System, while safeguarding further investments of taxpayer dollars from waste, fraud, abuse, and mismanagement. (b) Conditional Limitations on Forest Service Appropriations.-- Subject to subsections (c) and (d), for fiscal years beginning after the date of the enactment of this Act, the total amount appropriated for the Forest Service to carry out discretionary programs and activities for a fiscal year shall not exceed the sum of the amounts appropriated under the heading ``Forest Service'' in title II of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105- 277; 112 Stat. 2681-268). (c) Removal of Condition.--The limitations on the level of Forest Service appropriations or obligations specified in subsection (b) shall terminate on the earlier of the following: (1) The date on which the Forest Service is no longer an agency at high risk of waste, fraud, abuse, and mismanagement due to weaknesses in its accounting and financial reporting systems, as determined under subsection (d). (2) The end of the fifth fiscal year subject to the limitations. (d) Criteria for Removal of High Risk Status.--The Forest Service shall no longer be an agency at high risk under subsection (c)(1) if the Comptroller General certifies in writing to Congress that Forest Service financial management is no longer at high risk. The Comptroller General may make that certification only if-- (1) the Forest Service receives two consecutive unqualified audit opinions from the Inspector General of the Department of Agriculture under section 3521(e) of title 31, United States Code; and (2) the Forest Service corrects the material weaknesses identified in the audit reports of the Inspector General regarding the Forest Service's fiscal year 1995 financial statements and all subsequent audit reports of the Inspector General regarding the Forest Service's financial statements published before the date of the enactment of this Act. (e) Backlog Reduction Outputs.--During each fiscal year identified in subsection (c)(2), the Forest Service shall maintain or increase outputs, relative to the levels achieved during fiscal year 1999, from programs that directly reduce the natural resources restoration and maintenance backlog within the National Forest System. Such outputs shall include the following: (1) Acres of forested land treated for reduction of wildfire risk. (2) Acres of forested land treated for reduction of mortality risk from insect and disease infestation. (3) Miles of roads and trails reconstructed or maintained. (4) Number of recreational facilities reconstructed or maintained. (5) Acres of terrestrial habitat restored or enhanced. (6) Miles of riparian areas restored or enhanced. (7) Other priority outputs identified by the Secretary.", "summary": "Forest Service Financial Accountability Restoration Act of 1999 - Places specified limits on Forest Service appropriations until the earlier of the following: (1) the Service is no longer an agency at high risk of waste, fraud, and mismanagement due to accounting and financial reporting weaknesses; or (2) the end of the fifth fiscal year subject to such limitations. Enumerates the criteria under which the Comptroller General shall certify to Congress that the Service is no longer at high risk Sets forth Service backlog reduction requirements."}
{"article": "SECTION 1. ESTABLISHMENT OF THE OFFICE OF WOMEN'S EQUITY. (a) Office of Women's Equity.--The Department of Education Organization Act is amended-- (1) by redesignating section 215 as 216; and (2) by inserting after section 214 the following: ``SEC. 215. OFFICE OF WOMEN'S EQUITY. ``(a) There shall be in the Department, an Office of Women's Equity, to be administered by a Director of Women's Equity, who shall be appointed by the Secretary. The Director shall promote, coordinate and evaluate gender equity programs, disseminate information, provide technical assistance, coordinate research activities, and administer grant programs. The Director shall report directly to the Secretary, and shall perform such additional functions as the Secretary shall prescribe. ``(b) The Director shall, not later than the final day of each fiscal year, submit a report to the President and the Congress setting forth the programs and activities assisted under the Women's Educational Equity Act, and provide for the distribution of such report to all interested groups and individuals.''. (b) Organizational Entity.--For purposes of section 413(a) of the Department of Education Organization Act, the Office of Women's Equity shall be considered to be an organizational entity established under such Act and shall not be subject to the reorganization authority of the Secretary of Education under such section or any other provision of law. SEC. 2. WOMEN'S EDUCATIONAL EQUITY PROGRAM. Part A of title IV of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``PART A--WOMEN'S EDUCATIONAL EQUITY ``SEC. 4001. SHORT TITLE. ``This part may be cited as the `Women's Educational Equity Act of 1993'. ``SEC. 4002. FINDINGS AND STATEMENT OF PURPOSE. ``(a) Findings.--The Congress finds and declares that-- (1) educational programs in the United States are frequently inequitable as such programs relate to women and girls; (2) such inequities limit the full participation of all individuals in American society; and (3) efforts to improve the quality of public education also must include efforts to ensure equal access to quality education programs for all women and girls. ``(b) Purpose.--The purpose of this part is to provide gender equity in education in the United States, to provide financial assistance to enable educational agencies and institutions to meet the requirements of title IX of the Educational Amendments of 1972, and to provide equity in education to women and girls who suffer multiple forms of discrimination based on sex, race, ethnic origin, limited English proficiency, disability, or age. ``SEC. 4003. PROGRAMS AUTHORIZED. ``The Director of the Office of Women's Educational Equity (referred to in this part as the `Director' is authorized-- ``(1) to promote, coordinate and evaluate gender equity policies, programs, activities and initiatives in all Federal education programs and offices; ``(2) to develop, maintain, and disseminate materials, resources, analyses and research relating to education equity for women and girls; ``(3) to provide information and technical assistance to assure the effective implementation of gender equity programs; ``(4) coordinate gender equity programs and activities with other Federal agencies that have jurisdiction over education and related programs; ``(5) to provide grants to develop model equity programs; ``(6) to provide funds for the implementation of equity programs in schools throughout the Nation; and ``(7) to coordinate or provide any other activities consistent with achieving the purposes of this part. ``SEC. 4004. LOCAL IMPLEMENTATION GRANTS. ``(a) Authority.--The Secretary is authorized to make grants to, and enter into contracts with, public agencies, private nonprofit agencies, organizations, and institutions, including students and community groups, for activities designed to achieve the purposes of this part at all levels of education, including preschool, elementary and secondary education, higher education, adult education and vocational and technical education; for the establishment and operation, for a period not exceeding 4 years, of local programs to ensure-- ``(1) educational equity for women and girls; ``(2) equal opportunities for both sexes; and ``(3) to conduct activities incident to achieving compliance with title IX of the Education Amendments of 1972. ``(b) Grant Program.--Authorized activities under subsection (a) may include-- ``(1) introduction into the curriculum and classroom of curricula, textbooks, and other material designed to achieve equity for women and girls; ``(2) implementation of preservice and inservice training with special emphasis on programs and activities designed to provide educational equity for women and girls; ``(3) evaluation of promising or exemplary model programs to assess the ability of such programs to improve local efforts to advance educational equity for women and girls; ``(4) implementation of programs and policies to address sexual harassment and violence against women and girls and to ensure that educational institutions are free from threats to the safety of students and personnel; ``(5) implementation of guidance and counseling activities, including career education programs, designed to ensure educational equity for women and girls; ``(6) implementation of nondiscriminatory tests of aptitude and achievement and of alternative assessments that eliminate biased assessment instruments from use; ``(7) implementation of programs to increase educational opportunities, including higher education, vocational training, and other educational programs for low-income women; including underemployed and unemployed women and women receiving Aid to Families with Dependent Children benefits; ``(8) implementation of programs to improve representation of women in educational administration at all levels; and ``(9) planning, development and initial implementation of-- ``(A) comprehensive plans for implementation of equity programs in State and local educational agencies and institutions of higher education, including community colleges; ``(B) innovative approaches to school-community partnerships for educational equity; and ``(C) innovative approaches to equity programs addressing combined bias, stereotyping, and discrimination on the basis of sex and race, ethnic origin, limited English proficiency, and disability. ``(c) Application; Participation.--A grant may be made, and a contract may be entered into, under this part only upon application to the Secretary, at such time, in such form, and containing or accompanied by such information as the Secretary may prescribe. Each such application shall-- ``(1) provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant and in cooperation with appropriate educational and community leaders, including parent, teacher and student organizations, educational institutions, business leaders, community-based organizations serving women, and other significant groups and individuals; ``(2) describe a program for carrying out the purposes described in section 4004(b) which is likely to make a substantial contribution in attaining such purposes; ``(3) describe plans for continuation and institutionalization of the program with local support following completion of the grant period and termination of Federal support under this part; ``(4) establish policies and procedures which ensure adequate documentation and evaluation of the activities intended to be carried out under the application. ``(d) Criteria; Priorities; Categories of Competition.--The Secretary shall establish criteria, priorities, and categories of competition for awards under this part to ensure that available funds are used to achieve the purposes of this part. ``(1) The criteria shall address the extent to which-- ``(A) the program addresses the needs of women and girls of color and women and girls with disabilities; ``(B) the program meets locally defined and documented educational equity needs and priorities, including compliance with the requirements of title IX of the Education Amendments of 1972; ``(C) the program is a significant component of a comprehensive plan for educational equity and compliance with the requirements of title IX of the Education Amendments of 1972 in the particular local educational agency, institution of higher education, vocational-technical institution, or other educational agency or institution; and ``(D) the program implements an institutional strategy with long-term impact that will continue as a central activity of the applicant agency or institution after the grant is completed. ``(2) The Secretary shall establish not more than 4 priorities, 1 of which shall be a priority for compliance with title IX of the Educational Amendments of 1972. Not more than 60 percent of the funds available in each fiscal year under this part which implement the 4 priorities. ``(3) The Secretary shall establish 3 categories of competition, distinguishing among 3 types of applicants and levels of education that are-- ``(A) grants to local educational agencies, State education agencies, and other agencies and organizations providing elementary and secondary education; ``(B) grants to institutions of higher education, including community colleges and other agencies and organizations providing postsecondary education, including vocational-technical education, adult education, and other programs; and ``(C) grants to nonprofit organizations, including community-based organizations groups representing students, parents, and women, including women and girls of color and women and girls with disabilities. ``(e) Requirement.--Not less than 25 percent of funds used to support activities covered by subsection (b) shall be used for awards under each category of competition in each fiscal year. ``(f) Special Rule.--The Secretary shall ensure that the grants awarded each year address-- ``(1) all levels of education, including preschool, elementary and secondary education, higher education, vocational education, and adult education; ``(2) all regions of the United States, including at least 1 grant in each of the 10 Federal regions; and ``(3) urban, rural, and suburban educational institutions. ``SEC. 4005. RESEARCH AND DEVELOPMENT GRANTS. ``(a) Authority.--The Secretary is authorized to make grants to, and enter into contracts with, public agencies, private nonprofit agencies, organizations, and institutions, including students, and community groups, for activities designed to achieve the purpose of this part at all levels of education, including preschool, elementary and secondary education, higher education, adult education, and vocational-technical education, to develop model policies and programs, and to conduct research to address and ensure educational equities for women and girls, including but not limited to-- ``(1) the development and evaluation of gender-equitable curricula, textbooks, software, and other educational material and technology; ``(2) the development of model preservice and inservice training programs for educational personnel with special emphasis on programs and activities designed to provide educational equity; ``(3) the development of guidance and counseling activities, including career education programs, designed to ensure gender equity; ``(4) the development and evaluation of nondiscriminatory assessment systems; ``(5) the development of policies and programs to address and prevent sexual harassment and violence to ensure that educational institutions are free from threats to safety of students and personnel; ``(6) the development and improvement of programs and activities to increase opportunity for women, including continuing educational activities, vocational education, and programs for low-income women, including underemployed and unemployed women, and women receiving Aid to Families with Dependent Children; ``(7) the development of instruments and strategies for program evaluation and dissemination of promising or exemplary programs designed to improve local efforts to achieve gender equity; ``(8) the development of instruments and procedures to assess the presence or absence of gender equity in educational settings; and ``(9) the development and evaluation of various strategies to institutionalize gender equity in education. ``(b) Application.--A grant may be made, and a contract may be entered into, under this part only upon application to the Secretary, at such time, in such form, and containing or accompanied by such information as the Secretary may prescribe. Each such application shall-- ``(1) provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant; ``(2) describe a plan for carrying out 1 or more research and development activities authorized in subsection (a) above, which is likely to make substantial contribution toward attaining the purposes of this part; and ``(3) set forth policies and procedures which ensure adequate documentation, data collection, and evaluation of the activities intended to be carried out under the application, including an evaluation or estimate of the potential for continued significance following completion of the grant period. ``(c) Criteria and Priorities.--(1) The Secretary shall establish criteria and priorities to ensure that available funds are used for programs that most effectively will achieve the purposes of this part. (2) The criteria and priorities shall be promulgated in accordance with section 431 of the General Education Provisions Act. (3) In establishing priorities the Secretary shall establish not more than 4 priorities, 1 of which shall be a program which addresses the educational needs of women and girls who suffer multiple or compound discrimination based on sex and on race, ethnic origin, disability, or age. ``(d) Special Rule.--The Secretary shall ensure that the total of grants awarded each year address-- ``(1) all levels of education, including preschool, elementary and secondary education, higher education, vocational education, and adult education; ``(2) all regions of the United States. ``(e) Limitation.--Nothing in this part shall be construed as prohibiting men and boys from participating in any programs or activities assisted under this part. ``SEC. 4006. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $100,000,000 for the fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995, 1996, 1997, and 1998, to carry out the provisions of section 4004 of this part; and $10,000,000 for the fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995, 1996, 1997, and 1998 to carry out the provisions of section 4005 of this part.''.", "summary": "Amends the Department of Education Organization Act to establish an Office of Women's Equity as an organizational entity in the Department of Education. Requires the Director of such Office to report annually on the programs and activities assisted under the Women's Educational Equity Act. Women's Educational Equity Act of 1993 - Amends the Women's Educational Equity Act (part A of title IV of the Elementary and Secondary Education Act of 1965) to reauthorize and revise grant programs to encourage gender equity throughout the educational system, including grants for model equity programs, local implementation, and research and development. Gives the Director of the Office of Women's Equity specified responsibilities under such Act. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Distributed Power Hybrid Energy Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Renewable energy resources have the potential to help diversify our Nation's energy portfolio with few adverse environmental effects. By their very nature, renewable resources are distributed. Our ability to cost effectively take advantage of our renewable, indigenous resources can be greatly advanced through systems that minimize the intermittency of these resources through distributed power hybrid systems. (2) Distributed power sources configured as distributed power hybrid systems can maximize benefits to the energy consumer. The primary benefits of distributed power hybrid systems are that they can-- (A) shelter consumers from temporary energy price volatility created by supply and demand mismatches; (B) increase the reliability of energy supply, thereby avoiding significant costs associated with power outages; (C) provide a cost-effective means to minimize the impact of intermittent resources, thereby expanding the Nation's energy supply reserve; (D) decrease environmental impacts of energy supply; and (E) be tailored to address significant local differences in power and economic development needs and resource availability that exist throughout the United States. (3) Realizing these benefits will require a concerted and integrated effort that focuses on removing market barriers to the adoption of distributed power hybrid systems by-- (A) providing tools that enable States and regions to assess their indigenous renewable energy resources; (B) developing the technological foundation that enables designing, testing, certifying, and operating distributed power hybrid systems; and (C) providing the policy framework that reduces such barriers, including making net metering available on a broader scale to enable consumers to reap the full value of these systems, thereby lowering their overall energy bill. (4) While many of the individual distributed power hybrid systems components are either available or under development in existing private and public sector programs, the capabilities to integrate these components into workable distributed power hybrid systems that maximize benefits to consumers in a safe manner are deficient and not coherently being addressed. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``distributed power hybrid system'' means a system using 2 or more distributed power sources, operated together with associated supporting equipment, including storage equipment, and software necessary to provide electric power to the grid or on site; and (2) the term ``distributed power source'' means an independent electric energy source of usually 10 megawatts or less located close to a residential, commercial, or industrial load center, including-- (A) reciprocating engines; (B) turbines; (C) microturbines; (D) fuel cells; (E) solar electric systems; (F) wind energy systems; (G) biomass power systems; (H) geothermal power systems; or (I) electrical components of cogeneration systems. SEC. 4. STRATEGY. (a) Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Energy shall develop and transmit to the Congress a distributed power hybrid systems strategy showing-- (1) opportunities and priorities that might best be met with distributed power hybrid systems configurations; (2) what barriers exist to the use of distributed power hybrid systems; (3) what technology gaps need to be closed; and (4) what system integration tools are needed to plan, design, build, and operate distributed power hybrid systems for maximum benefits. (b) Elements.--The strategy may provide for development of-- (1) system integration tools for planning, designing, building, and operating economical, safe, and clean distributed power hybrid systems, including databases, computer models, software, and sensors, controls, and other integrating hardware; (2) tests of distributed power hybrid systems, including field tests with industry and cost-shared demonstrations of distributed power hybrid systems power parks and microgrids, to validate integrated performance and to give consumers, policymakers, and industry the confidence that distributed power hybrid systems work reliably, safely, and cleanly; (3) special design tools that can characterize the benefits and values of distributed power hybrid systems for consumers and enable virtual prototyping of distributed power hybrid systems to reduce testing needs and the time required to get the systems into the marketplace; (4) data to characterize grid operations, including interconnection requirements; and (5) precise resource assessment tools to map local resources for distributed power hybrid systems. (c) Implementation and Integration.--The Secretary of Energy shall implement the strategy transmitted under subsection (a), and activities pursuant to the strategy shall be integrated with other activities of the Department's Office of Distributed Energy Resources. SEC. 5. REPORT TO CONGRESS. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Energy shall transmit to the Congress a report on the use of, and experience with, distributed power hybrid systems in the United States, and the research and development issues remaining to ensure the successful application of distributed power hybrid systems. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Energy for carrying out this Act-- (1) $5,000,000 for fiscal year 2004; (2) $10,000,000 for fiscal year 2005; (3) $20,000,000 for fiscal year 2006; (4) $20,000,000 for fiscal year 2007; and (5) $5,000,000 for fiscal year 2008.", "summary": "Distributed Power Hybrid Energy Act - Directs the Secretary of Energy to: (1) develop and transmit to Congress a distributed power hybrid systems strategy (involving two or more independent electric energy sources of usually ten megawatts or less each, located close to a residential, commercial, or industrial load center, including reciprocating engines, turbines, microturbines, fuel cells, solar electric systems, wind energy systems, biomass power systems, geothermal power systems, or electrical components of cogeneration systems); and (2) implement and integrate such strategy with other activities of the Department of Energy Office of Distributed Energy Resources."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cuba Transition Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Cuban people are seeking change in their country, including through the Varela Project, Concilio Cubano, independent journalist activity, and other civil society initiatives. (2) Civil society groups and independent, self-employed Cuban citizens will be essential to the consolidation of a genuine and effective transition to democracy from an authoritarian, communist government in Cuba, and therefore merit increased international assistance. (3) The people of the United States support a policy of proactively helping the Cuban people to establish a democratic system of government, including supporting Cuban citizen efforts to prepare for transition to a better and more prosperous future. (4) Without profound political and economic changes, Cuba will not meet the criteria for participation in the Summit of the Americas process. (5) The Inter-American Democratic Charter adopted by the General Assembly of the Organization of American States (OAS) provides both guidance and mechanisms for response by OAS members to the governmental transition in Cuba and that country's eventual reintegration into the inter-American system. (6) United States Government support of pro-democracy elements in Cuba and planning for the transition in Cuba is essential for the identification of resources and mechanisms that can be made available immediately in response to profound political and economic changes on the island. (7) Consultations with democratic development institutions and international development agencies regarding Cuba are a critical element in the preparation of an effective multilateral response to the transition in Cuba. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) To support multilateral efforts by the countries of the Western Hemisphere in planning for a transition of the government in Cuba and the return of that country to the Western Hemisphere community of democracies. (2) To encourage the development of an international group to coordinate multilateral planning to a transition of the government in Cuba. (3) To authorize funding for programs to assist the Cuban people and independent nongovernmental organizations in Cuba in preparing the groundwork for a peaceful transition of government in Cuba. (4) To provide the President with funding to implement assistance programs essential to the development of a democratic government in Cuba. SEC. 4. DEFINITIONS. In this Act: (1) Democratically elected government in cuba.--The term ``democratically elected government in Cuba'' has the meaning given the term in section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023). (2) Transition government in cuba.--The term ``transition government in Cuba'' has the meaning given the term in section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023). SEC. 5. DESIGNATION OF COORDINATOR FOR CUBA TRANSITION. (a) In General.--The Secretary of State shall designate, within the Department of State, a coordinator who shall be responsible for-- (1) designing an overall strategy to coordinate preparations for, and a response to, a transition in Cuba; (2) coordinating assistance provided to the Cuban people in preparation for a transition in Cuba; (3) coordinating strategic support for the consolidation of a political and economic transition in Cuba; (4) ensuring program and policy coordination among agencies of the United States Government in carrying out the policies set forth in this Act; and (5) pursuing coordination with other countries and international organizations, including international financial institutions, with respect to assisting a transition in Cuba. (b) Rank and Status of the Transition Coordinator.--The coordinator designated in subsection (a) shall have the rank and status of ambassador. SEC. 6. MULTILATERAL INITIATIVES RELATED TO CUBA. The Secretary of State is authorized to designate up to $5,000,000 of total amounts made available for contributions to international organizations to be provided to the Organization of American States for-- (1) Inter-American Commission on Human Rights activities relating to the situation of human rights in Cuba; (2) the funding of an OAS emergency fund for the deployment of human rights observers, election support, and election observation in Cuba as described in section 109(b) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039(b)(1)); and (3) scholarships for Cuban students attending colleges, universities, or other educational programs in member states of the OAS. SEC. 7. SENSE OF CONGRESS. (a) Sense of Congress Regarding Consultation With Western Hemisphere.--It is the sense of Congress that the President should begin consultation, as appropriate, with governments of other Western Hemisphere countries regarding a transition in Cuba. (b) Sense of Congress Regarding Other Consultations.--It is the sense of Congress that the President should begin consultations with appropriate international partners and governments regarding a multilateral diplomatic and financial support program for response to a transition in Cuba. SEC. 8. ASSISTANCE PROVIDED TO THE CUBAN PEOPLE IN PREPARATION FOR A TRANSITION IN CUBA. (a) Authorization.--Notwithstanding any other provision of law other than section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) and comparable notification requirements contained in any Act making appropriations for foreign operations, export financing, and related programs, the President is authorized to furnish an amount not to exceed $15,000,000 in assistance and provide other support for individuals and independent nongovernmental organizations to support democracy-building efforts for Cuba, including-- (1) political prisoners and members of their families; (2) persons persecuted or harassed for dissident activities; (3) independent libraries; (4) independent workers' rights activists; (5) independent agricultural cooperatives; (6) independent associations of self-employed Cubans; (7) independent journalists; (8) independent youth organizations; (9) independent environmental groups; (10) independent economists, medical doctors, and other professionals; (11) in establishing and maintaining an information and resources center to be in the United States interests section in Havana, Cuba; (12) prodemocracy programs of the National Endowment for Democracy that are related to Cuba; (13) nongovernmental programs to facilitate access to the Internet, subject to section 102(g) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(g)); (14) nongovernmental charitable programs that provide nutrition and basic medical care to persons most at risk, including children and elderly persons; and (15) nongovernmental charitable programs to reintegrate into civilian life persons who have abandoned, resigned, or been expelled from the Cuban armed forces for ideological reasons. (b) Definitions.--In this section: (1) Independent nongovernmental organization.--The term ``independent nongovernmental organization'' means an organization that the Secretary of State determines, not less than 15 days before any obligation of funds to the organization, is a charitable or nonprofit nongovernmental organization that is not an agency or instrumentality of the Cuban Government. (2) Eligible cuban recipients.--The term ``eligible Cuban recipients'' is limited to any Cuban national in Cuba, including political prisoners and their families, who are not officials of the Cuban Government or of the ruling political party in Cuba, as defined in section 4(10) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023(10)). SEC. 9. SUPPORT FOR A TRANSITION GOVERNMENT IN CUBA. (a) Authorization of Appropriations.--In addition to funds otherwise available for such purposes, there are authorized to be appropriated $30,000,000 to the President to establish a fund to provide assistance to a transition government in Cuba as defined in section 205 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023). (b) Designation of Fund.--The fund authorized in subsection (a) shall be known as the ``Fund for a Free Cuba''. (c) Availability of Funds.--Amounts appropriated pursuant to subsection (a) are authorized to remain available until expended.", "summary": "Cuba Transition Act of 2003 - Directs the the Secretary of State to designate, within the Department of State, a coordinator responsible for designing an overall strategy to coordinate specified preparations for a transition in Cuba that targets economic, political and financial developments. Authorizes the Secretary to designate specified funds to be provided to the Organization of American States (OAS) for: (1) Inter-American Commission on Human Rights activities relating to the situation of human rights in Cuba; (2) the funding of an OAS emergency fund for the deployment of human rights observers, election support, and election observation in Cuba; and (3) scholarships for Cuban students attending colleges, universities, or other educational programs in member states of the OAS. Expresses the sense of Congress that the President should begin consultation with: (1) governments of other Western Hemisphere countries regarding a transition in Cuba; and (2) international partners and governments regarding a multilateral diplomatic and financial support program for response to a transition in Cuba. Authorizes the President to furnish assistance and provide other support for individuals and independent nongovernmental organizations to support specified democracy-building efforts for Cuba. Authorizes appropriations to the President to establish a fund to provide assistance to a transition government in Cuba."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Workforce Reduction and Reform Act of 2011''. SEC. 2. FREEZE ON PAY AND BONUSES OF FEDERAL EMPLOYEES. (a) Extension of Pay Freeze for Federal Employees to 3 Years.-- Section 147 of the Continuing Appropriations Act, 2011 (Public Law 111- 242) is amended-- (1) in subsection (b)(1), by striking ``December 31, 2012'' and inserting ``December 31, 2014''; and (2) in subsection (c), by striking ``December 31, 2012'' and inserting ``December 31, 2014''. (b) 3-Year Freeze on Bonuses.-- (1) Definitions.--In this subsection-- (A) the term ``agency'' has the meaning given under section 4501(1) of title 5, United States Code; and (B) the term ``employee'' has the meaning given under section 4501(2) of title 5, United States Code. (2) Freeze on bonuses.--Notwithstanding any other provision of law, during each of fiscal years 2012, 2013, and 2014, no agency may pay any bonus (including any recruitment or retention bonus) or any cash award (including any performance- based cash award under section 4505a of title 5, United States Code, or any similar provision of law) to any employee. SEC. 3. REDUCTION IN FEDERAL WORKFORCE. (a) Definitions.--In this section-- (1) the term ``agency'' means an Executive agency as defined under section 105 of title 5, United States Code, excluding the Government Accountability Office; (2) the term ``Federal employee'' means an employee as defined under section 2105 of title 5, United States Code; and (3) the term ``total number of Federal employees'' means the total number of Federal employees in all agencies. (b) Limitation.--The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective beginning in fiscal year 2022, the total number of Federal employees shall not exceed 85 percent of the total number of Federal employees on September 30, 2011. (c) Monitoring and Notification.--The Office of Management and Budget (in consultation with the Office of Personnel Management)-- (1) shall continuously monitor all agencies and make a determination, as of September 30, 2011, and the last day of each quarter of each fiscal year beginning thereafter, as to whether or not the total number of Federal employees exceeds the maximum number allowable under subsection (b); and (2) whenever a determination under paragraph (1) is made that the total number of Federal employees exceeds the maximum number allowable under subsection (b), shall provide written notice to that effect to the President and Congress within 14 days after the last day of the quarter to which such determination relates. (d) Compliance.--Whenever, with respect to the quarter ending on September 30, 2021, or any subsequent quarter, the Office of Management and Budget provides written notice under subsection (c)(2) that the total number of Federal employees exceeds the maximum number allowable under subsection (b), no agency may thereafter appoint any employee to fill any vacancy within such agency until the Office of Management and Budget provides written notice to the President and Congress of a determination under subsection (c)(1) that the total number of Federal employees no longer exceeds the maximum number allowable under subsection (b). Any notice under the preceding sentence shall be provided within 14 days after the last day of the quarter to which the determination relates. (e) Waiver.--This section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national security concern so requires; or (2) the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. (f) Counting Rule.--For purposes of this section, any determination of the number of employees in an agency shall be expressed on a full- time equivalent basis. (g) Limitation on Procurement of Service Contracts.--The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that there is no increase in the procurement of service contracts by reason of the enactment of this section, except in cases in which a cost comparison demonstrates that such contracts would be to the financial advantage of the Government. (h) Regulations.--Any regulations necessary to carry out this section may be prescribed by the President or his designee. SEC. 4. REDUCTION IN CONTRACT EMPLOYEES. (a) Definitions.--In this section, the term ``agency'' means an Executive agency as defined under section 105 of title 5, United States Code, excluding the Government Accountability Office. (b) Limitation.--The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective beginning in fiscal year 2022, the total number of contract employees shall not exceed 85 percent of the total number of contract employees on September 30, 2011. (c) Monitoring and Notification.--The Office of Management and Budget (in consultation with the Office of Personnel Management)-- (1) shall continuously monitor all agencies and make a determination, as of September 30, 2011, and the last day of each quarter of each fiscal year beginning thereafter, as to whether or not the total number of contract employees exceeds the maximum number allowable under subsection (b); and (2) whenever a determination under paragraph (1) is made that the total number of contract employees exceeds the maximum number allowable under subsection (b), shall provide written notice to that effect to the President and Congress within 14 days after the last day of the quarter to which such determination relates. (d) Compliance.--Whenever, with respect to the quarter ending on September 30, 2021, or any subsequent quarter, the Office of Management and Budget provides written notice under subsection (c)(2) that the total number of contract employees exceeds the maximum number allowable under subsection (b), no agency may thereafter appoint any employee to fill any vacancy within such agency until the Office of Management and Budget provides written notice to the President and Congress of a determination under subsection (c)(1) that the total number of contract employees no longer exceeds the maximum number allowable under subsection (b). Any notice under the preceding sentence shall be provided within 14 days after the last day of the quarter to which the determination relates. (e) Waiver.--This section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national security concern so requires; or (2) the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. (f) Counting Rule.--For purposes of this section, any determination of the number of contact employees shall be expressed on a full-time equivalent basis. (g) Regulations.--Any regulations necessary to carry out this section may be prescribed by the President or his designee. SEC. 5. LIMITATION OF GOVERNMENT TRAVEL COSTS. (a) Definition.--In this section, the term ``agency''-- (1) has the meaning given under section 5701(1) of title 5, United States Code; and (2) does not include the Department of Defense. (b) Limitation.-- (1) In general.--Notwithstanding any other provision of law, the total amount which is paid or reimbursed by an agency under subchapter I of chapter 57 of title 5, United States Code (relating to travel and subsistence expenses; mileage allowances for official travel by Federal employees) may not-- (A) for each of fiscal years 2012 and 2013, exceed 50 percent of the total amount so paid or reimbursed by such agency for fiscal year 2011; and (B) for fiscal year 2014, exceed 25 percent of the total amount so paid or reimbursed by such agency for fiscal year 2011. (2) Exceptions.--For purposes of carrying out paragraph (1), there shall not be taken into account the amounts paid or reimbursed for-- (A) any subsistence or travel expenses for threatened law enforcement personnel, as described in section 5706a of title 5, United States Code; or (B) any other expenses for which an exception is established under paragraph (3) for reasons relating to national security or public safety. (3) Regulations.--Any regulations necessary to carry out this subsection shall, in consultation with the Director of the Office of Management and Budget, be prescribed by the same respective authorities as are responsible for prescribing regulations under section 5707 of title 5, United States Code. (c) Reserve Travel Amount.-- (1) Definition.--In this subsection, the term ``reserve travel amount'' means an amount equal to 10 percent of the total amount of appropriations made available to an agency in any fiscal year for purposes of payment or reimbursement by that agency under subchapter I of chapter 57 of title 5, United States Code (relating to travel and subsistence expenses; mileage allowances for official travel by Federal employees). (2) Requirement.--For each of fiscal years 2012 through 2014, each agency shall have a reserve travel amount available for expenditure or obligation on September 1 of each such fiscal year for purposes of payment or reimbursement by that agency under subchapter I of chapter 57 of title 5, United States Code (relating to travel and subsistence expenses; mileage allowances for official travel by Federal employees).", "summary": "Federal Workforce Reduction and Reform Act of 2011 - Amends the Continuing Appropriations Act, 2011, to extend the freeze on statutory pay adjustments for federal civilian employees and increases in the rates of basic pay for senior executives or senior-level employees through December 31, 2014. Prohibits agencies from paying bonuses (including any recruitment or retention bonus) or cash awards (including performance-based cash awards) to employees during FY2012-FY2014. Requires the Office of Management and Budget (OMB) to: (1) take appropriate measures to ensure that the total number of federal employees or contract employees, beginning in FY2022, does not exceed 85% of the total number of federal employees on September 30, 2011; (2) continuously monitor all agencies, make a determination on whether the total number of federal employees in any quarter of a fiscal year exceeds the maximum number allowed by this Act, and notify the President and Congress if the number exceeds the maximum; and (3) ensure that there is no increase in the procurement of service contracts due to this Act unless a cost comparison demonstrates that such contracts would be financially advantageous to the federal government. Prohibits a federal agency from filling any vacancy until OMB provides written notice to the President and Congress that the number of federal or contract employees does not exceed the limitation imposed by this Act. Allows the President to waive the workforce limitations imposed by this Act if the President determines that the existence of a state or war or other national security concern or the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. Imposes limitations on the amount allowed for the reimbursement of travel costs incurred by federal employees (except employees of the Department of Defense [DOD]) in FY2012-FY2014 unless such expenses are incurred by threatened law enforcement personnel or for reasons relating to national security or public safety."}
{"article": "SECTION 1. TAX CREDIT FOR ENERGY CONSERVATION EXPENDITURES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. ENERGY CONSERVATION EXPENDITURES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the energy conservation expenditures made by the taxpayer during such year. ``(b) Maximum Credit.--The amount of the credit allowed under subsection (a) with respect to each dwelling unit for the taxable year shall not exceed $2,000. ``(c) Energy Conservation Expenditures.--For purposes of this section-- ``(1) In general.--The term `energy conservation expenditures' means expenditures made by the taxpayer for qualified energy property-- ``(A) which is certified to equal or exceed energy conservation standards for such property or for the installation of such property as prescribed by the Secretary, in consultation with the Secretary of Energy, and ``(B) which is installed on or in connection with a dwelling unit-- ``(i) which is located in the United States, and ``(ii) which is used by the taxpayer as a residence. Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or installation of the property. ``(2) Qualified energy property.-- ``(A) In general.--The term `qualified energy property' means-- ``(i) swimming pool and hot tub covers, ``(ii) ceiling insulation, ``(iii) weatherstripping, ``(iv) water heater insulation blankets, ``(v) low-flow showerheads, ``(vi) caulking in ceilings, ``(vii) insulation of plenums and ducts, ``(viii) installation of storm windows with a U-value of 0.45 or less, ``(ix) thermal doors and windows, ``(x) duty cyclers, ``(xi) clock thermostats, ``(xii) evaporative coolers, ``(xiii) whole house fans, ``(xiv) external shading devices, ``(xv) thermal energy storage devices with central control systems, ``(xvi) controls and automatic switching devices between natural and electric lighting, or ``(xvii) any other property that the Secretary of Energy determines to be an effective device for the conservation of energy. ``(d) Certification.-- ``(1) Products.--A certification with respect to a qualified energy property shall be made by the manufacturer of such property. ``(2) Installation.--A certification with respect to the installation of a qualified energy property shall be made by the person who sold or installed the property. ``(3) Form of certifications.--Certifications referred to in this subsection shall be in such form as the Secretary shall prescribe, and, except in the case of a certification by a representative of a local building regulatory authority, shall include the taxpayer identification number of the person making the certification. ``(e) Special Rules.--For purposes of this section-- ``(1) Dollar amounts in case of joint occupancy.--In the case of any dwelling unit which if jointly occupied and used during any calendar year as a residence by 2 or more individuals the following shall apply: ``(A) The amount of the credit allowable under subsection (a) by reason of expenditures (as the case may be) made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. ``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(3) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having made his proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(4) Joint ownership of energy items.-- ``(A) In general.--Any expenditure otherwise qualifying as a energy conservation expenditure shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. ``(B) Limits applied separately.--In the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made for each dwelling unit. ``(5) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness residential purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness residential purposes shall be taken into account. ``(6) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(7) Other applicable rules.--Rules similar to the rules of paragraphs (4) and (5) of section 48(a) shall apply for purposes of this section. ``(f) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(g) Denial of Double Benefit.--No deduction or other credit shall be allowed under this chapter for any expenditure for which credit is allowed under this section. ``(h) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year. ``(i) Application of Section.--This section shall apply to expenditures with respect to property placed in service after December 31, 2000.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or'' before ``enacted'' and by inserting before the period at the end ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Energy conservation expenditures. ``Sec. 36. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2000. SEC. 2. FINANCIAL ASSISTANCE TO RETROFIT SCHOOLS TO INCREASE ENERGY EFFICIENCY AND CONSERVATION. (a) In General.--The Secretary of Energy shall establish a program to be known as the ``Elementary and Secondary School Energy Efficiency and Conservation Program''. (b) Grants.-- In carrying out this section, the Secretary shall provide grants to local educational agencies to retrofit elementary and secondary schools to increase energy efficiency and conservation. (c) Eligibility.--To be eligible to receive a grant under this section, a local educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Use of Funds.--Amounts provided to a local educational agency under a grant under this section shall be used to pay the costs of-- (1)(A) energy-efficient heating, ventilation, and air conditioning; and (B) other equipment that would increase the energy efficiency of a school; and (2) insulation and other materials and equipment that would decrease the amount of energy required to operate a school. (e) Priority.--In awarding grants under this section, the Secretary shall give priority to projects to retrofit elementary and secondary schools in low-income school districts. (f) Cost Sharing.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of a project funded with a grant under this section shall be not more than 50 percent. (2) Financial hardship.--In a case of financial hardship, the Secretary may provide a grant in an amount exceeding 50 percent of the cost of the project. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2002 through 2006. SEC. 3. ELECTRIC UTILITY DISCLOSURE OF PEAK HOUR AND NONPEAK HOUR ELECTRIC ENERGY USE BY CONSUMERS. Each electric utility that sells electric energy at retail shall-- (1) disclose in each billing statement-- (A) the amount of electric energy used by the consumer during peak hours (as defined by the electric utility) and nonpeak hours during the billing period; and (B) the rate charged during peak hours and nonpeak hours during the billing period; and (2) from time to time provide consumers information concerning ways of reducing electric energy consumption during peak hours.", "summary": "Amends the Internal Revenue Code to allow an annual residential energy credit of up to $2,000 for qualifying conservation expenditures.Directs the Secretary of Energy to establish the Elementary and Secondary School Energy Efficiency and Conservation Program to provide grants to local educational agencies to retrofit schools for increased energy conservation.Requires electric utility company billing statements to provide peak and nonpeak hour energy use and rate information."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Urban Watershed Model Restoration Act''. SEC. 2. ANACOSTIA RIVER WATERSHED RESTORATION AND PROTECTION PILOT PROGRAM. (a) In General.--The Administrator of the Environmental Protection Agency shall develop and carry out a pilot program to serve as a national model for the restoration of urban watersheds and community environments. The purposes of the program shall be to demonstrate methods to encourage urban communities to use their environmental resources as a catalyst for sustainable community redevelopment and to meet the objectives of the Federal Water Pollution Control Act, including stormwater, combined sewer overflows, and other water quality objectives. The program shall have a dual function of restoration and protection of river resources and reduction of environmental human health risks in the surrounding communities. (b) Location.--The pilot program under this section shall be carried out in the Anacostia River watershed, District of Columbia and Maryland. (c) Activities.--In carrying out the program under this section, the Administrator shall-- (1) integrate on a community or geographic basis the regulatory and nonregulatory programs of the Environmental Protection Agency with other Federal, State, and local government programs and provide effective coordination among such programs; (2) support baseline monitoring efforts of State and local governments to determine key trends in ambient environmental conditions for the purpose of filling gaps in critical data about the environmental condition of the watershed; (3) develop and maintain environmental indicators in conjunction with interested public entities and ensure regular public reporting of these indicators; (4) provide grants in accordance with subsection (d) to local community groups and nonprofit organizations to foster community involvement in the decisionmaking process, environmental educational goals, and restoration strategies; (5) assist in the establishment of measurable goals for such restoration; (6) maintain annual program plans which provide for public input; (7) provide opportunities for the education of school children and community groups on local environmental resources and on what individuals can do to reduce environmental and health risks; (8) develop consensus strategies for the restoration and protection of the watershed in cooperation with other Federal, State, and local groups to address critical issues and needs; (9) maintain a biennial Federal work planning process for Federal landholders and programmatic agencies to identify specific opportunities and needs for Federal activities in support of the pilot program's goals; (10) demonstrate new technologies and approaches which are applicable nationally to stormwater management, combined sewer overflow control, floatables reduction, forest buffer restoration, and other activities being conducted under the Federal Water Pollution Control Act; (11) participate in urban habitat improvement projects in the watershed on a demonstration basis; (12) assist in the implementation of the regional action plan for toxics reduction and prevention in the watershed; (13) implement on the ground projects for restoration of the watershed to the extent they are unique or transferable to national audiences; and (14) maintain and enhance the Biennial Work Plan for the Anacostia River Watershed published by the United States Army Corp of Engineers and the Environmental Protection Agency on April 22, 1997, for the purpose of identifying specific opportunities for Federal landholders to contribute to the pilot program. (d) Challenge Grants.-- (1) Set-aside.--The Administrator may set aside no less than $400,000 of amounts appropriated to carry out this section for each fiscal year to make grants under subsection (c)(4). (2) Environmental protection agency share.--The Environmental Protection Agency's share of the costs of activities to be carried out with a grant under this section shall be not less than 75 percent. The remaining share of such costs may be provided through in-kind contributions and may be provided from Federal funds appropriated to carry out any law, other than this Act, if the Federal agency making such funds available agrees. (e) Coordination.--In carrying out the pilot program under this section, the Administrator shall work in coordination with other Federal agencies, particularly the Army Corps of Engineers, to identify projects and activities which are supportive of the goals of the pilot program. (f) Reports.--The Administrator shall transmit to Congress by January 1 of each fiscal years 2000 through 2004 a report on the activities carried out under, and results of, the pilot program during the preceding fiscal year, including a report on the technical, managerial, and public involvement aspects of the pilot program which are transferable to other urban areas. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $750,000 for each of fiscal years 2000 through 2004. Such sums shall remain available until expended.", "summary": "Authorizes the Administrator to set aside amounts for grants to local community groups and nonprofit organizations to foster community involvement in the decision making process, environmental educational goals, and restoration strategies. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Social Security Disability Amendments Act of 1994''. (b) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Disregard deemed income and resources of ineligible spouse when determining continued eligibility under section 1619(b). Sec. 3. Plans for achieving self-support not disapproved within 60 days to be deemed approved. Sec. 4. Expansion of plans for achieving self-support to include housing goals. Sec. 5. Regulations regarding completion of plans for achieving self- support. Sec. 6. Treatment of certain grant, scholarship, or fellowship income as earned income for SSI purposes. Sec. 7. SSI eligibility for students temporarily abroad. Sec. 8. Effective date. SEC. 2. DISREGARD DEEMED INCOME AND RESOURCES OF INELIGIBLE SPOUSE WHEN DETERMINING CONTINUED ELIGIBILITY UNDER SECTION 1619(b). Section 1614(f)(1) of the Social Security Act (42 U.S.C. 1382c(f)(1)) is amended by inserting ``(other than under section 1619(b))'' after ``benefits''. SEC. 3. PLANS FOR ACHIEVING SELF-SUPPORT NOT DISAPPROVED WITHIN 60 DAYS TO BE DEEMED APPROVED. (a) Amendments to Income Exclusion Rules.--Section 1612(b)(4) of the Social Security Act (42 U.S.C. 1382a(b)(4)(A)) is amended in each of subparagraphs (A) and (B) by inserting ``and, for purposes of this clause, a completed plan for achieving self-support which is not disapproved by the Secretary within 60 days after the date of submission shall be deemed to be approved by the Secretary until subsequently disapproved by the Secretary (with appropriate notification to the individual),'' after ``plan,''. (b) Amendment to Resource Exclusion Rule.--Section 1613(a)(4) of such Act (42 U.S.C. 1382b(a)(4)) is amended by inserting ``, and, for purposes of this paragraph, a completed plan for achieving self-support which is not disapproved by the Secretary within 60 days after the date of submission shall be deemed to be approved by the Secretary until 6 months after subsequently disapproved by the Secretary (with appropriate notification to the individual)'' after ``such plan''. SEC. 4. EXPANSION OF PLANS FOR ACHIEVING SELF-SUPPORT TO INCLUDE HOUSING GOALS. (a) Income Disregard Rules.--Section 1612(b)(4) of the Social Security Act (42 U.S.C. 1382a(b)(4)) is amended in each of subparagraphs (A)(iii) and (B)(iv), by inserting ``, containing a career or housing goal, that has been'' before ``approved''. (b) Resource Disregard Rules.--Section 1613(a)(4) of such Act (42 U.S.C. 1382b(a)(4)) is amended by inserting ``, containing a career or housing goal, that has been'' before ``approved''. SEC. 5. REGULATIONS REGARDING COMPLETION OF PLANS FOR ACHIEVING SELF- SUPPORT. Section 1633 of the Social Security Act (42 U.S.C. 1383b) is amended by adding at the end the following: ``(d) The Secretary shall establish by regulation time limits and other criteria-- ``(1) which are related to an individual's career or housing goal included in a plan for achieving self-support, and ``(2) that take into account the difficulty of achieving self-support based on the needs of the individual and the goals of the plan.''. SEC. 6. TREATMENT OF CERTAIN GRANT, SCHOLARSHIP, OR FELLOWSHIP INCOME AS EARNED INCOME FOR SSI PURPOSES. Section 1612(a)(1) of the Social Security Act (42 U.S.C. 1382a(a)(1)), as amended by section 309 of this Act, is amended-- (1) by striking ``and'' at the end of subparagraph (E); and (2) by adding at the end the following: ``(G) any grant, scholarship, or fellowship described in section 1612(b)(7) to the extent not excluded from income pursuant to such section; and''. SEC. 7. SSI ELIGIBILITY FOR STUDENTS TEMPORARILY ABROAD. Section 1611(f) of the Social Security Act (42 U.S.C. 1382(f)) is amended by adding at the end the following: ``The first sentence of this subsection shall not apply to any individual who was eligible to receive a benefit under this title for the month immediately preceding the first month during all of which such individual is outside the United States and who demonstrates to the satisfaction of the Secretary that the individual's absence from the United States will be temporary and for the purpose of conducting studies as part of an educational program designed to prepare the individual for gainful employment and sponsored by a school, college, or university in the United States.''. SEC. 8. EFFECTIVE DATE. Except as otherwise provided in this Act, the amendments made by this Act shall take effect on the 1st day of the 1st calendar month that begins 90 or more days after the date of the enactment of this Act.", "summary": "Social Security Disability Amendments Act of 1994 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to: (1) disregard the deemed income and resources of an ineligible spouse when determining the continued eligibility of the disabled spouse for Medicaid; (2) provide that individual Plans for Achieving Self Support (PASS) shall be deemed approved unless disallowed within 60 days by the Social Security Administration; (3) disregard the income and/or resources received by a PASS recipient for the purpose of achieving housing or career goals; (4) require the Secretary of Health and Human Services to promulgate regulations that consider both individual career and housing goals, and the difficulty of achieving self-support; (5) treat certain grant, scholarship, or fellowship income as earned income according to a certain formula; and (6) retain SSI eligibility for students temporarily outside the United States who demonstrate that their absence is to conduct studies as part of an educational program sponsored by an educational institution in the United States and designed to prepare the individual for gainful employment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gold King Mine Spill Accountability Act of 2016''. SEC. 2. SPECIAL INVESTIGATION OF ENVIRONMENTAL PROTECTION AGENCY ROLE IN GOLD KING MINE SPILL. (a) Appointment.--Not later than 30 days after the date of enactment of this Act, the Attorney General shall appoint a special investigator, dedicated full time, to conduct an investigation in order to determine-- (1) who was at fault for the Gold King Mine spill; (2) which individuals were responsible for the decisions that led to the spill; and (3) what downstream environmental effects were caused by the actions of the Environmental Protection Agency, or the Environmental Protection Agency's failure to take action, after the Gold King Mine spill. (b) Compensation From Environmental Protection Agency.--The special investigator shall be compensated for expenses incurred in the course of conducting the investigation under subsection (a) by amounts provided in advance in appropriation Acts to the Administrator. The special investigator shall be paid at a rate not to exceed the rate of basic pay for GS-14 of the General Schedule. If the special investigator is a full-time officer or employee of the United States, the special investigator may not receive additional pay, allowances, or benefits by reason of his or her service as a special investigator under this section. (c) Authorities of Special Investigator.-- (1) Staff.--The special investigator may appoint and fix the pay of additional personnel as the special investigator considers appropriate. Staff members appointed by the special investigator under this paragraph who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service to the special investigator. (2) Staff of federal agencies.--Upon the request of the special investigator, the head of any Federal department or agency may detail any of the personnel of that department or agency to assist the special investigator in carrying out his or her duties under this section. (3) Obtaining official data.--The special investigator may secure directly from any department or agency of the United States information necessary to enable the special investigator to carry out this section. Upon the request of the special investigator, the head of that department or agency shall furnish that information to the special investigator. (4) Subpoena power.-- (A) In general.--The special investigator may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter that the special investigator is empowered to investigate under this section. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (B) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under subparagraph (A), the special investigator may apply to a United States district court for an order requiring that person to appear before the special investigator to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (C) Service of subpoenas.--The subpoenas of the special investigator shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (D) Service of process.--All process of any court to which application is made under subparagraph (B) may be served in the judicial district in which the person required to be served resides or may be found. (d) Report of Findings and Conclusions to Congress.-- (1) Report of findings.--Not later than 180 days after the date on which the special investigator is appointed, the special investigator shall submit to Congress a report containing the results of the investigation under subsection (a). (2) Report of gao audit.--Not later than 180 days after the date on which a report is submitted under paragraph (1), the Comptroller General shall submit to Congress a report containing the results of an audit of the investigation, to determine whether-- (A) the investigator appointed had any conflict of interest relating to the subject matter of the investigation or with the Environmental Protection Agency; and (B) the findings are based on substantiated scientific evidence, as applicable. (3) Recipients.-- (A) The Speaker of the House of Representatives shall refer the reports submitted under paragraphs (1) and (2) to the following: (i) The Committees on Science, Space, and Technology, Natural Resources, and Oversight and Government Reform of the House of Representatives. (ii) Each Member of the House of Representatives representing a district that includes the Animas and San Juan River watersheds or any affected area downstream of the Gold King Mine. (B) The President pro tempore of the Senate shall refer the reports submitted under paragraphs (1) and (2) to the following: (i) The Committees on Energy and Natural Resources and Environment and Public Works of the Senate. (ii) Each Member of the Senate representing a State that includes the Animas and San Juan River watersheds or any affected area downstream of the Gold King Mine. (e) Termination.--The authority of the special investigator shall terminate upon submission of the report under subsection (d)(1). SEC. 3. COMPENSATION FOR VICTIMS OF GOLD KING MINE SPILL. (a) Federal Tort Claims.-- (1) In general.--Subject to paragraph (2), each injured person shall be entitled to receive from the United States compensation for a claim filed, or civil action brought, under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), arising out of or relating to an injury resulting from the Gold King Mine spill. (2) Nonapplicability of limitation.--Notwithstanding section 2672 of title 28, United States Code, the Administrator may provide compensation for a claim under this section in an amount greater than $25,000 without prior written approval of the Attorney General (or a designee), as the Administrator determines to be appropriate. (b) Office of Gold King Mine Spill Claims.-- (1) Establishment.--There is established within the Environmental Protection Agency an Office of Gold King Mine Spill Claims, in this subsection referred to as the ``Office''. (2) Purpose.--The Office shall receive, process, and pay claims in accordance with this section. (3) Treatment.--The establishment of the Office by this subsection shall not diminish the ability of the Administrator to carry out the responsibilities of the Environmental Protection Agency under any other provision of law. (4) Detailees.--Upon the request of the Administrator, the head of any Federal department or agency may detail, on a reimbursable basis, any personnel of that department or agency to the Office to assist in carrying out this section. (c) Allowable Damages.-- (1) Property loss.--A claim that is paid for loss of property under this section may include damages resulting from the Gold King Mine spill for-- (A) any cost resulting from lost tribal subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities, or from lost use for traditional or ceremonial uses, conducted on land or using water damaged by the Gold King Mine spill; (B) any cost of reforestation or revegetation on tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; (C) any costs borne by any injured person to determine the extent of-- (i) the damages to agricultural land; or (ii) any other damages covered by this section; (D) any costs borne by an injured person to pay for water supplies or equipment to treat water during the period for which a water supply of the injured person was compromised by the Gold King Mine spill; and (E) any other loss that the Administrator determines to be appropriate for inclusion as loss of property. (2) Business loss.--A claim that is paid for a business loss under this section may include damages resulting from the Gold King Mine spill for-- (A) damage to tangible assets or inventory; (B) business interruption losses; (C) overhead costs; (D) employee wages for work not performed; and (E) any other loss that the Administrator determines to be appropriate for inclusion as a business loss. (3) Financial loss.--A claim that is paid for a financial loss under this section may include damages resulting from the Gold King Mine spill for-- (A) an insurance deductible; (B) lost wages or personal income; (C) emergency staffing expenses; (D) debris removal and other cleanup costs; and (E) any other loss that the Administrator determines to be appropriate for inclusion as a financial loss. (4) Non-limitation.--The losses described in paragraphs (1) through (3) do not limit any compensation that is otherwise available under chapter 171 of title 28, United States Code. (d) Compensation.-- (1) In general.--Any claim for damages compensated under this section during a fiscal year shall be paid from unobligated funds appropriated to the Environmental Protection Agency for that fiscal year. (2) Rollover.--To the extent that a claim exceeds the amount of unobligated funds available in that fiscal year, the remainder of the claim shall be paid from unobligated funds in the first subsequent fiscal year in which sufficient unobligated funds are available to satisfy such remainder. (e) Definitions.--In this section: (1) Injured person.--The term ``injured person'' means a person who suffered injury resulting from the Gold King Mine spill. (2) Injury.--The term ``injury'' includes any injury for which compensation may be provided under chapter 171 of title 28, United States Code, that is caused by a negligent or wrongful act or omission of a Federal officer, employee, contractor, or subcontractor while acting within the scope of office, employment, or contract, under circumstances in which the Federal officer, employee, contractor, or subcontractor, if a private person, would be liable to the claimant in accordance with the law of the jurisdiction in which the act or omission occurred. (3) Person.--The term ``person'' means a person who is eligible to bring a claim under chapter 171 of title 28, United States Code, and may include-- (A) an individual; (B) an Indian tribe, tribal corporation, or other tribal organization; (C) a non-Federal entity, including a corporation, business, partnership, company, association, insurer, ditch company, water district, and water company; (D) a State or political subdivision of a State, including a county, township, city, school district, and special district; (E) the Animas-La Plata Operation, Maintenance, and Replacement Association; or (F) a legal representative of an individual or entity described in any of subparagraphs (A) through (E). SEC. 4. GOLD KING MINE SPILL RESPONSE PROGRAM. (a) In General.--Subject to the requirements of subsection (b), the Administrator shall fund the implementation of the long-term monitoring program developed by the Long-Term Impact Review Team of the State of New Mexico for the water quality of the Animas and San Juan Rivers. (b) Requirements.--In order to be funded by the Administrator under subsection (a), the long-term monitoring program shall-- (1) provide full disclosure to the public of applicable water quality and sediment data; (2) enable clear and meaningful comparison between those data and all relevant water quality standards; and (3) meet such other conditions as the Administrator may require to administer the program. SEC. 5. PROHIBITION OF RULE MAKING. (a) In General.--Except as provided under subsection (b), the Administrator may not finalize a rule or engage in a rule making (as such terms are defined in section 551 of title 5, United States Code) until all claims processed under section 3 have been paid in full, as applicable. (b) Exceptions.--The prohibition under subsection (a) shall not apply with respect to-- (1) such rules as may be required in order to implement this Act; and (2) any rule that the Administrator determines necessary to address an imminent threat to public health or safety, or other emergency. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Gold king mine spill.--The term ``Gold King Mine spill'' means the discharge on August 5, 2015, of approximately 3,000,000 gallons of contaminated water from the Gold King Mine north of Silverton, Colorado, into Cement Creek that occurred while contractors of the Environmental Protection Agency were conducting an investigation of the Gold King Mine.", "summary": "Gold King Mine Spill Accountability Act of 2016 This bill requires the Department of Justice (DOJ) to appoint a special investigator to investigate: (1) who was at fault for the discharge of contaminated water from the Gold King Mine north of Silverton, Colorado, into Cement Creek; (2) which individuals were responsible for the decisions that led to the spill; and (3) what downstream environmental effects were caused by the Environmental Protection Agency's (EPA) actions, or inactions, after the spill. The bill: (1) entitles individuals to receive compensation for a claim filed, or civil action brought, under the Federal Tort Claims Act relating to an injury resulting from the spill, and (2) establishes within the EPA the Office of Gold King Mine Spill Claims for processing claims of allowable damages resulting from the spill. The EPA may provide compensation for a claim in an amount greater than $25,000 without the prior approval of DOJ. The EPA must fund the implementation of the long-term monitoring program developed by the Long-Term Impact Review Team of New Mexico, for the water quality of the Animas and San Juan Rivers. The EPA may not finalize or work on any rules (including those not related to the spill) until all claims have been paid, except rules that are necessary to address an imminent threat to public health or safety, or other emergency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``E-911 Implementation Act of 2003''. SEC. 2. COORDINATION OF E-911 IMPLEMENTATION. Part C of title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following: ``SEC. 158. COORDINATION OF E-911 IMPLEMENTATION. ``(a) E-911 Implementation Coordination Office.-- ``(1) Establishment.--The Assistant Secretary and the Administrator of the National Highway Traffic Safety Administration shall-- ``(A) establish a joint program to facilitate coordination and communication between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of E-911 services; and ``(B) create an E-911 Implementation Coordination Office to implement the provisions of this section. ``(2) Management plan.--The Assistant Secretary and the Administrator shall jointly develop a management plan for the program established under this section. Such plan shall include the organizational structure and funding profiles for the 5- year duration of the program. The Assistant Secretary and the Administrator shall, within 90 days after the date of enactment of this Act, submit the management plan to the Committees on Energy and Commerce and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate. ``(3) Purpose of office.--The Office shall-- ``(A) take actions, in concert with coordinators designated in accordance with subsection (b)(3)(A)(ii), to improve such coordination and communication; ``(B) develop, collect, and disseminate information concerning practices, procedures, and technology used in the implementation of E-911 services; ``(C) advise and assist eligible entities in the preparation of implementation plans required under subsection (b)(3)(A)(iii); ``(D) receive, review, and recommend the approval or disapproval of applications for grants under subsection (b); and ``(E) oversee the use of funds provided by such grants in fulfilling such implementation plans. ``(4) Reports.--The Assistant Secretary and the Administrator shall provide a joint annual report to Congress by the first day of October of each year on the activities of the Office to improve coordination and communication with respect to the implementation of E-911 services. ``(b) Phase II E-911 Implementation Grants.-- ``(1) Matching grants.--The Assistant Secretary and the Administrator, after consultation with the Secretary of Homeland Security and the Chairman of the Federal Communications Commission, and acting through the Office, shall provide grants to eligible entities for the implementation of phase II E-911 services through planning, infrastructure improvements, telecommunications equipment purchases, and personnel training. ``(2) Matching requirement.--The Federal share of the cost of a project eligible for a grant under this section shall not exceed 50 percent. The non-Federal share of the cost shall be provided from non-Federal sources. ``(3) Coordination required.--In providing grants under paragraph (1), the Assistant Secretary and the Administrator shall require an eligible entity to certify in its application that-- ``(A) in the case of an eligible entity that is a State government, the entity-- ``(i) has coordinated its application with the public safety answering points (as such term is defined in section 222(h)(4) of the Communications Act of 1934) located within the jurisdiction of such entity; ``(ii) has designated a single officer or governmental body of the entity to serve as the coordinator of implementation of E-911 services, except that such designation need not vest such coordinator with direct legal authority to implement E-911 services or manage emergency communications operations; ``(iii) has established a plan for the coordination and implementation of E-911 services; and ``(iv) has integrated telecommunications services involved in the implementation and delivery of phase II E-911 services; or ``(B) in the case of an eligible entity that is not a State, the entity has complied with clauses (i), (iii), and (iv) of subparagraph (A), and the State in which it is located has complied with clause (ii) of such subparagraph. ``(4) Criteria.--The Assistant Secretary and the Administrator shall jointly issue regulations within 180 days of the enactment of the E-911 Implementation Act of 2003, after a public comment period of not less than 60 days, prescribing the criteria for selection for grants under this section, and shall update such regulations as necessary. ``(c) Diversion of E-911 Charges.-- ``(1) Designated e-911 charges.--For the purposes of this subsection, the term `designated E-911 charges' means any taxes, fees, or other charges imposed by a State or other taxing jurisdiction that-- ``(A) appear on telecommunications services customers' bills; and ``(B) are designated or presented as dedicated to deliver or improve E-911 services. ``(2) Certification.--Each applicant for a matching grant under this section shall certify to the Assistant Secretary and the Administrator at the time of application, and each applicant that receives such a grant shall certify to the Assistant Secretary and the Administrator annually thereafter during any period of time during which the funds from the grant are available to the applicant, that no portion of any designated E-911 charges imposed by a State or other taxing jurisdiction within which the applicant is located are being obligated or expended for any purpose other than the purposes for which such charges are designated or presented. ``(3) Condition of grant.--Each applicant for a grant under this section shall agree, as a condition of receipt of the grant, that if the State or other taxing jurisdiction within which the applicant is located, during any period of time during which the funds from the grant are available to the applicant, obligates or expends designated E-911 charges for any purpose other than the purposes for which such charges are designated or presented, all of the funds from such grant shall be returned to the Office. ``(4) Penalty for providing false information.--Any applicant that provides a certification under paragraph (1) knowing that the information provided in the certification was false shall-- ``(A) not be eligible to receive the grant under subsection (b); ``(B) return any grant awarded under subsection (b) during the time that the certification was not valid; and ``(C) not be eligible to receive any subsequent grants under subsection (b). ``(d) Authorization; Termination.-- ``(1) Authorization.--There are authorized to be appropriated to the Department of Transportation, for the purposes of grants under the joint program operated under this section with the Department of Commerce, not more than $100,000,000 for each of the fiscal years 2004 through 2008. ``(2) Termination.--The provisions of this section shall cease to be effective on October 1, 2008. ``(e) Definitions.--As used in this section: ``(1) Office.--The term `Office' means the E-911 Implementation Coordination Office. ``(2) Administrator.--The term `Administrator' means the Administrator of the National Highway Traffic Safety Administration. ``(3) Eligible entity.-- ``(A) In general.--The term `eligible entity' means a State or local government or a tribal organization (as defined in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(l))). ``(B) Instrumentalities.--Such term includes public authorities, boards, commissions, and similar bodies created by one or more eligible entities described in subparagraph (A) to provide E-911 services. ``(C) Exception.--Such term does not include any entity that has failed to submit the most recently required certification under subsection (c) within 30 days after the date on which such certification is due. ``(4) E-911 services.--The term `E-911 services' means both phase I and phase II enhanced 911 services, as described in section 20.18 of the Commission's regulations (47 CFR 20.18), as in effect on the date of enactment of this section, or as subsequently revised by the Federal Communications Commission. ``(5) Phase ii e-911 services.--The term `phase II E-911 services' means only phase II enhanced 911 services, as described in such section 20.18 (47 CFR 20.18), as in effect on such date, or as subsequently revised by the Federal Communications Commission.''. SEC. 3. REPORT ON THE DEPLOYMENT OF E-911 PHASE II SERVICES BY TIER III SERVICE PROVIDERS. Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate detailing-- (1) the number of tier III commercial mobile service providers that are offering phase II E-911 services; (2) the number of requests for waivers from compliance with the Commission's phase II E-911 service requirements received by the Commission from such tier III providers; (3) the number of waivers granted or denied by the Commission to such tier III providers; (4) how long each waiver request remained pending before it was granted or denied; (5) how many waiver requests are pending at the time of the filing of the report; (6) when the pending requests will be granted or denied; (7) actions the Commission has taken to reduce the amount of time a waiver request remains pending; and (8) the technologies that are the most effective in the deployment of phase II E-911 services by such tier III providers. Passed the House of Representatives November 4, 2003. Attest: JEFF TRANDAHL, Clerk.", "summary": "E-911 Implementation Act of 2003 - Amends the National Telecommunications and Information Administration Organization Act to direct the Assistant Secretary of Commerce for Communications and Information and the Administrator of the National Highway Traffic Safety Administration to: (1) establish a joint program to facilitate coordination between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of E-911 (enhanced emergency) services; (2) create an E-911 Implementation Coordination Office to implement such program; and (3) develop a management plan for such program. Requires annual reports from the Assistant Secretary and the Administrator to Congress on Office activities. Directs the Assistant Secretary and the Administrator to provide grants to eligible entities (States, local governments, tribal organizations) for the implementation of phase II E-911 services through planning, infrastructure improvements, telecommunications equipment purchases, and personnel training. Limits the Federal share of project costs to 50 percent. Outlines entity participation requirements. Requires each grant applicant to: (1) certify to the Assistant Secretary and the Administrator, at the time of application and annually thereafter if receiving such a grant, that no portion of designated E-911 charges (taxes or fees designated or presented to deliver or improve E-911 services) imposed by a State or other taxing jurisdiction is being obligated or expended for any other purpose; and (2) agree that if such charges are used for any other purpose, all of the grant funds shall be returned. Authorizes appropriations to the Department of Transportation for such grants. Terminates the grant program on October 1, 2008. Requires a report from the Federal Communications Commission to specified congressional committees on the deployment of E-911 Phase II services by Tier III service providers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``8/29 Investigation Team Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Hurricanes Katrina and Rita, which struck the Gulf Coast in 2005, caused almost $200,000,000,000 in total economic losses, including insured and uninsured losses; (2) while multiple reviews have been conducted to assess the failure of each flood detection system and related infrastructure since August 2005, Congress has yet to be informed of definitive recommendations or specific proposals for action; (3) to the extent the possibility of another significant flood protection system failure with the resulting devastation and damage exists, a proper technical and investigative review is needed; and (4) the most efficient and effective approach to assessing the failure of the flood protection system and subsequent devastation is-- (A) to establish a bipartisan investigation team of experts to study-- (i) the management, construction, and funding of levee, flood control, coastal reconstruction, and hurricane protection projects; and (ii) the means by which the Federal Government responds to catastrophic disasters and by which the Federal Government prepares and develops contingency plans and disaster preparations; and (B) to require the Investigation Team to timely report the recommendations of the Investigation Team to Congress so that Congress can quickly identify any outstanding issues and determine a solution to protect residents of the Gulf Coast in particular and the United States in general. SEC. 3. ESTABLISHMENT OF 8/29 INVESTIGATION TEAM. There is established a bipartisan investigation team, to be known as the ``8/29 Investigation Team'' (referred to in this Act as the ``Investigation Team''), to examine-- (1) the events beginning on August 29, 2005; and (2) each flood control and restoration project that has been carried out-- (A) since August 29, 2005; and (B) in the Gulf Coast. SEC. 4. MEMBERSHIP. (a) Composition.--The Investigation Team shall be composed of 12 members, appointed as follows: (1) 2 members appointed by the President; (2) 2 members appointed by the cochairpersons, in consultation with the ranking member, of the Committee on Environment and Public Works of the Senate; (3) 2 members appointed by the cochairpersons, in consultation with the ranking member, of the Committee on Homeland Security and Governmental Affairs of the Senate; (4) 2 members appointed by the cochairpersons, in consultation with the ranking member, of the Committee on Transportation and Infrastructure of the House of Representatives; (5) 2 members appointed by the cochairpersons, in consultation with the ranking member, of the Committee on Homeland Security of the House of Representatives; and (6) 2 members appointed by the Governor of the State of Louisiana, subject to confirmation by the Committee on Environment and Public Works of the Senate. (b) Cochairpersons.-- (1) Election of cochairpersons.--The Investigation Team shall, by a majority of the members of the Investigation Team, elect 2 cochairpersons from the members of the Investigation Team. (2) Political affiliation.--Each cochairperson elected by the members of the Investigation Team under paragraph (1) shall be affiliated with a different political party. (c) Prohibition.--No elected official of the Federal Government shall serve as a member of the Investigation Team. (d) Sense of Congress Regarding Qualifications.--It is the sense of Congress that individuals appointed to the Investigation Team should be-- (1) prominent United States citizens; and (2) individuals who are nationally recognized for a significant depth of experience in professions such as-- (A) governmental service; (B) engineering; (C) public works; (D) wetlands restoration; (E) public administration; (F) disaster planning and recovery; and (G) environmental planning. (e) Meetings; Quorum; Vacancies.-- (1) Initial meeting.-- (A) In general.--If, on the date that is 60 days after the date of enactment of this Act, not more than 6 members of the Investigation Team have been appointed under subsection (a), the members shall meet and, if necessary, select temporary cochairpersons, who may begin the operations of the Investigation Team, including the hiring of staff. (B) Review of actions.--Each action carried out by the Investigation Team under subparagraph (A) shall be reviewed by the Investigation Team as soon as practicable after the date on which the Investigation Team is comprised of not less than 7 members. (2) Subsequent meetings.--After the initial meeting, the Investigation Team shall meet at the call of each cochairperson or a majority of the members of the Investigation Team. (3) Quorum.--7 members of the Investigation Team shall constitute a quorum. (4) Vacancies.--A vacancy on the Investigation Team-- (A) shall not affect the powers of the Investigation Team; and (B) shall be filled in the same manner as the original appointment was made. SEC. 5. DUTIES OF INVESTIGATION TEAM. The Investigation Team shall-- (1) review findings and recommendations contained in all public and private studies conducted in the aftermath of the levee failures in the State of Louisiana on or after August 29, 2005, including-- (A) the study entitled ``The Federal Response to Hurricane Katrina'' and dated February 2006; (B) the study entitled ``Performance Review of FEMA's Disaster Management Activities in Response to Hurricane Katrina'', numbered OIG-06-32, and dated March 2006; (C) the study entitled ``A Failure of Initiative: Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina'' (Report No. 109-377) and dated February 15, 2006; (D) the study entitled ``Hurricane Katrina: A Nation Still Unprepared'' (S. Rept. 109-322); (E) the study entitled ``Interagency Performance Evaluation Task Force Report'' and dated June 1, 2006; (F) the study entitled ``Prioritizing America's Water Resources'', published by the National Associations of Public Administrators, and dated February 2007; (G) the study entitled ``The failure of the New Orleans Levee System during Hurricane Katrina'', published by Team Louisiana, and dated February 2007; and (H) the study entitled ``Investigation of the Performance of the New Orleans Flood Protection Systems In Hurricane Katrina on August 29, 2005'', published by the Independent Levee Investigation Team, and dated July 31, 2006; (2) examine and review the ongoing exposure of the United States to the flood control system failures described in paragraph (1) and other potential future flood control system failures; and (3) submit to the President and Congress a report that contains recommendations for any necessary legislative or regulatory change that will-- (A) improve the functioning of the Corps of Engineers to prevent a catastrophic flood control system failure; (B) ensure proper planning and review of the policies and procedures of Federal and State agencies to prevent such a failure in the future; (C) provide for environmental management and recovery during and after a disaster; (D) provide for the identification of each party at the Federal, State, and local levels that was responsible for each decision that helped cause the events of August 29, 2005; and (E) outline each proposal that is necessary to revise the management, planning, funding, and oversight of levee, coastal restoration, and flood control projects that are located in the disaster affected areas. SEC. 6. POWERS OF INVESTIGATION TEAM. (a) In General.-- (1) Hearings and evidence.--In carrying out the duties of the Investigation Team under this Act, the Investigation Team, and any subcommittee or member acting under the authority of the Investigation Team, may-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Investigation Team, subcommittee, or member, as applicable, determines to be appropriate; and (B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Investigation Team, subcommittee, or member, as applicable, determines to be appropriate. (2) Subpoenas.-- (A) In general.--A subpoena issued under paragraph (1)(B)-- (i) may be issued under the signature of each cochairperson of the Investigation Team; and (ii) may be served by-- (I) the chairperson of any subcommittee created by a majority of the members of the Investigation Team; (II) any member of the Investigation Team designated by a majority of the members of the Investigation Team; and (III) any person designated by each cochairperson of the Investigation Team. (B) Applicability of revised statutes.--Sections 102 through 104 of the Revised Statutes (2 U.S.C. 192 et seq.) shall apply in the case of a failure of any witness to comply with a subpoena or to testify when summoned under authority of this section. (b) Contracting.--The Investigation Team may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Investigation Team to carry out the duties of the Investigation Team under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Investigation Team may secure directly from a Federal agency information the Investigation Team considers necessary to carry out this Act. (2) Provision of information.--On request of each cochairperson of the Investigation Team, the head of the agency shall provide the information to the Investigation Team. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Investigation Team, on a reimbursable basis, administrative support and other services to assist the Investigation Team in carrying out the duties of the Investigation Team under this Act. (2) Other departments and agencies.--In addition to the assistance prescribed under paragraph (1), any other Federal department or agency may provide to the Investigation Team such services, funds, facilities, staff, and other support services as the head of the department or agency determines to be appropriate and in accordance with applicable law. (e) Postal Services.--The Investigation Team may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (f) Gifts.--The Investigation Team may accept, use, and dispose of gifts or donations of services or property. SEC. 7. STAFF OF THE INVESTIGATION TEAM. (a) Staff.-- (1) In general.--The cochairpersons of the Investigation Team may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and other personnel as is necessary to enable the Investigation Team to perform the duties of the Investigation Team. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Investigation Team. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the cochairpersons of the Investigation Team may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Personnel as Federal Employees.-- (1) In general.--The executive director and any personnel of the Investigation Team who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (2) Members of investigation team.--Paragraph (1) shall not apply to any member of the Investigation Team. (c) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Investigation Team without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (d) Consultant Services.--The Investigation Team may procure the services of any expert or consultant, in accordance with section 3109 of title 5, United States Code, at a rate not to exceed the daily rate of pay of an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 8. REPORT. Not later than 180 days after the date on which all members of the Investigation Team are appointed under section 4(a), the Investigation Team shall submit to the President and Congress a final report that contains-- (1) a detailed statement of the findings of the Investigation Team; and (2) any recommendations of the Investigation Team for legislative or administrative action that the Investigation Team considers appropriate. SEC. 9. TERMINATION. The Investigation Team shall terminate on the date that is 60 days after the date on which the Investigation Team submits the final report under section 8. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $5,000,000 to carry out this Act.", "summary": "8/29 Investigation Team Act - Establishes a bipartisan 8/29 Investigation Team to examine: (1) the events beginning on August 29, 2005, with respect to the failure of the flood protection system in response to Hurricanes Katrina and Rita; and (2) each flood control and restoration project that has been carried out since that date in the Gulf Coast. Prohibits any elected federal official from serving as a Team member. Expresses the sense of Congress regarding member qualifications. Urges the Team to: (1) review findings and recommendations of all studies conducted in the aftermath of the levee failures in Louisiana on or after August 29, 2005; (2) review the ongoing U.S. exposure to flood control system failures; and (3) report on necessary legislative or regulatory changes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wall Street Compensation Reform Act of 2010''. SEC. 2. EXECUTIVE COMPENSATION PAID BY SYSTEMICALLY SIGNIFICANT FINANCIAL INSTITUTIONS. (a) In General.--Subsection (m) of section 162 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Special rule for application to systemically significant financial institutions.-- ``(A) In general.--In the case of an employer which is a systemically significant financial institution, this subsection shall apply with the following modifications: ``(i) Non-public entities.--Paragraph (1) shall be applied by substituting `employer' for `publicly held corporation'. ``(ii) Covered employees.--Paragraph (3) shall be applied-- ``(I) by substituting `such employee is among the 25 highest compensated employees' for so much of subparagraph (B) as precedes `for the taxable year (other than the chief executive officer).', and ``(II) in addition to the individuals described in such paragraph (including the individuals described in subclause (I) of this clause), by treating any employee whose actions have a material impact on the risk exposure of the taxpayer as a covered employee. Any employee whose applicable employee remuneration for the taxable year exceeds $1,000,000 is presumed to engage in actions which have a material impact on the risk exposure of the taxpayer unless the taxpayer submits an information return to the Secretary which describes the role and responsibilities of such employee and the reason such employee should not be considered to have a material impact on the risk exposure of the taxpayer. Such return shall be deemed to have been approved unless the Secretary notifies the taxpayer in writing within 90 days of the submission of such return. For purposes of this clause, the term `employee' includes employees within the meaning of section 401(c)(1). ``(iii) Remuneration payable on commission basis.--Subparagraph (B) of paragraph (4) shall not apply. ``(iv) Deferred deduction executive remuneration.--In the case of any deferred deduction executive remuneration (as determined under rules similar to the rules of paragraph (5)(F), if executive remuneration for purposes of such paragraph included remuneration of covered employees as defined in clause (ii) of this paragraph, and if the year in which the applicable services were performed were treated as an applicable taxable year), rules similar to the rules of paragraph (5)(A)(ii) shall apply by substituting `$1,000,000' for `$500,000'. ``(B) Systemically significant financial institution.-- ``(i) In general.--For purposes of this paragraph, the term `systemically significant financial institution' means an entity which engages primarily in activities which are financial in nature (as determined under section 4(k) of the Bank Holding Company Act of 1956), and which-- ``(I) owns or controls assets greater than $25,000,000,000, or ``(II) owns or controls assets greater than $10,000,000,000 and maintains a ratio of debt to equity which is greater than 20 to 1. ``(ii) Classification.--A taxpayer which is a systemically significant financial institution for any taxable year shall be a systemically significant financial institution for purposes of all subsequent taxable years. ``(C) Special rules for performance-based compensation.--Remuneration payable solely on account of the attainment of one or more performance goals (hereinafter `performance-based remuneration') which is paid by any systemically significant financial institution to any covered employee (as determined under subparagraph (A)(ii)) shall not be excluded under subparagraph (C) of paragraph (4) from treatment as applicable employee remuneration unless the following requirements are met: ``(i) Performance-based compensation pool.--The amount and allocation of the taxpayer's performance-based remuneration for covered employees are determined by the compensation committee required under paragraph (4)(C)(i) by taking into account-- ``(I) the cost and quantity of capital required to support the risks taken by the taxpayer in the conduct of the financial activities of the taxpayer, ``(II) the cost and quantity of the liquidity risk assumed by the taxpayer in the conduct of such activities, and ``(III) the timing and likelihood of potential future revenues from such activities. ``(ii) Material terms.--The material terms of performance-based remuneration paid to covered employees specify that-- ``(I) not less than 50 percent of such remuneration must vest no earlier than 5 years after the date of payment, ``(II) the proportion of such remuneration payable under vesting arrangements must increase based on the level of seniority or responsibility of the employee, ``(III) such remuneration payable under vesting arrangements must vest on a basis no faster than pro rata over the specified number of years of such arrangement (not to be less than 5), ``(IV) such remuneration is contingent on a formal agreement between the taxpayer and the employee which forbids the use of personal hedging strategies, remuneration- related insurance, or liability-related insurance which undermines the risk alignment effects of this paragraph, ``(V) in the case of an employer which is a publicly held corporation, not less than 50 percent of such remuneration must be in the form of stock in the employer, and ``(VI) in the case of remuneration paid to a chief executive officer or chief financial officer (if such chief financial officer is a covered employee) of a publicly held corporation, such remuneration must be subject to substantial forfeiture requirements in the event the taxpayer is required to prepare an accounting restatement due to material noncompliance, as a result of misconduct, with any financial reporting requirement under Federal securities laws. For purposes of this clause, the date on which remuneration is deemed to have vested is the first date on which such remuneration is not subject to a substantial risk of forfeiture (within the meaning of section 409A(d)(4)). ``(D) Special rule for performance-based compensation paid by non-public entities.--In the case of a systemically significant financial institution which is not a publicly held corporation, in addition to the requirements of subparagraph (C), paragraph (4)(C) shall be applied by substituting the following for clauses (i) through (iii) thereof: ``(i) the taxpayer commissions an annual, external review of its compensation policies and practices, including an examination and analysis of the taxpayer's compliance with the requirements of this subsection, and ``(ii) the taxpayer obtains certification from an unrelated third party commissioned to evaluated compensation practices that performance goals and other material terms under which the remuneration is to be paid are satisfied before any payment of such remuneration is made.'. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (b) or (c) of section 414 shall be treated as related taxpayers. ``(E) Coordination with rules for employers participating in the troubled assets relief program.-- In the case of any systemically significant financial institution to which paragraph (5) applies for any taxable year, this paragraph shall not apply to any payment of remuneration to which such paragraph applies. ``(F) Regulatory authority.--Not later than 180 days after the date of the enactment of this paragraph, the Secretary shall prescribe such guidance, rules, or regulations of general applicability as are necessary to carry out the purposes of this paragraph, including-- ``(i) the method for valuing assets for purposes of subparagraph (B)(i), ``(ii) the method for calculating the ratio described in subparagraph (B)(i)(II), ``(iii) criteria for use in determining whether the actions of an employee have a material impact on the risk exposure of the taxpayer, and for determining what constitutes a substantial forfeiture requirement with respect to executive remuneration, ``(iv) criteria for determining whether a remuneration agreement constitutes a hedging strategy, and ``(v) anti-abuse rules to prevent the avoidance of the purposes of this paragraph, including by use of independent contractors. ``(G) Application of paragraph.--This paragraph shall apply-- ``(i) in the case of an entity which is a systemically significant financial institution in calendar 2010, to remuneration for services performed in calendar years beginning after 2010, and ``(ii) in the case of an entity which becomes a systemically significant financial institution in a calender year after 2010, to remuneration for services performed in calendar years beginning with the second calendar year after the year in which such entity first becomes a systemically significant financial institution.''. (b) Conforming Amendment.--Subparagraph (G) of section 162(m)(5) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Paragraph (6) shall not apply to any payment of remuneration to which this paragraph applies.''. (c) Report on Performance-Based Compensation Paid by Publicly Held Corporations.-- (1) In general.--Each systemically significant financial institution which is a publicly held corporation shall submit to the Chairman of the Securities and Exchange Commission, and shall make publicly available, an annual report on compensation policies and practices which describes-- (A) the process used to develop and modify such institution's compensation policies, including the composition and the mandate of such institution's compensation committee, (B) the actions taken by such institution to comply with section 162(m)(6) of the Internal Revenue Code of 1986, (C) any additional actions taken to implement the Principles for Sound Compensation Practices adopted by the Financial Stability Board established by the G-20 Finance Ministers and Central Bank Governors, (D) the most important design characteristics of such institution's compensation policies, including criteria used for performance measurement and risk adjustment, the linkage between pay and performance, vesting policy and criteria, and the parameters used for allocating cash versus other forms of remuneration, (E) aggregate quantitative information on remuneration paid by such institution, differentiating between remuneration paid to senior executive officers and to employees whose actions have a material impact on the risk exposure of such institution, which indicates the amounts of remuneration for the financial year (divided into fixed and variable remuneration) and the number of employees to which such remuneration was paid, and (F) the amount of remuneration paid by such institution during the financial year preceding the year of the report which was nondeductible by reason of section 162(m) of such Code. (2) Timing of report.--The report required under paragraph (1) shall be submitted beginning in calendar year 2011 (or, if later, the calendar year after the year in which an entity first becomes a systemically significant financial institution which is a publicly held corporation), at such time during such year and each subsequent year as the Chairman of the Securities and Exchange Commission shall specify. (3) Definitions.--Any term used in this subsection which is also used in section 162(m)(6) of the Internal Revenue Code of 1986 shall have the same meaning as when used in such section. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to remuneration for services performed after December 31, 2010.", "summary": "Wall Street Compensation Reform Act of 2010 - Amends the Internal Revenue Code to restrict the tax deduction for compensation paid to highly-paid employees of systemically significant financial institutions. Requires such compensation to be performance-based, to vest no earlier than five years after the date of payment, and to consist of 50% employer stock. Prohibits such highly-paid employees from using personal hedging strategies and remuneration or liability-related insurance and requires forfeiture of compensation paid to a chief executive or financial officer of such an institution if an accounting restatement is required due to material noncompliance, as a result of misconduct, with any federal financial reporting requirement. Defines a \"systemically significant financial institution\" as an entity which engages primarily in financial activities (as determined under the Bank Holding Company Act of 1956) and which: (1) owns or controls assets greater than $25 billion; or (2) owns or controls assets greater than $10 billion and maintains a ratio of debt to equity greater than 20 to 1. Requires each systemically significant financial institution which is a publicly held corporation to make an annual report on its compensation policies and practices to the Securities and Exchange Commission (SEC) and make such report publicly available."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Video Game Rating Act''. SEC. 2. DECEPTIVE RATINGS OF VIDEO GAMES. Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall prescribe rules under section 553 of title 5, United States Code, to prohibit the following as an unfair and deceptive act or practice prescribed pursuant to section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)): (1) Rating game only on partial content.--Such rules shall prohibit any rating organization from assigning a content rating to any video or computer game that is to bear a label containing such content rating when sold or distributed in interstate commerce unless such rating organization has reviewed the playable content of the video or computer game in its entirety. (2) Withholding content for rating.-- (A) In general.--Such rules shall prohibit any person who produces, sells, or otherwise distributes video or computer games in interstate commerce from withholding or hiding any playable content of the video or computer game from, or in any other manner failing to disclose any playable content of a video or computer game to, a rating organization. (B) Hidden content.--Such rules shall provide that where, in the course of obtaining a content rating, a person submits to a rating organization a video or computer game that contains hidden content, that such person also provide the rating organization with the necessary codes or methods of accessing such hidden content. (3) Gross mischaracterization of content.--Such rules shall prohibit any rating organization from providing a content rating that grossly mischaracterizes (as defined by the Commission in such rules) the content of the video or computer game. SEC. 3. G.A.O. STUDY. (a) Study.--The Comptroller General of the United States shall conduct a study to determine-- (1) the efficacy of the Entertainment Software Ratings Board ratings system in assigning appropriate content ratings to video and computer games, including ratings for online or Internet-based games; (2) whether content ratings systems, like that used by the Entertainment Software Ratings Board, should be peer-reviewed; (3) whether an independent ratings system, developed and administered by persons or entities with no financial interest in the video and computer game industry, would result in more accurate and effective content ratings for video and computer games than the rating system used by the Entertainment Software Ratings Board; and (4) the efficacy of a universal ratings system for visual content, including films, broadcast and cable television and video, and computer games. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the findings of the study conducted pursuant to subsection (a). The report shall contain recommendations regarding effective approaches to video and computer game content ratings that address the unique ratings challenges of online and Internet-based video games. SEC. 4. DEFINITIONS. In this Act: (1) Content rating.--The term ``content rating'' means any rating of the content of a video or computer game provided to notify consumers of any content which may be offensive to consumers or may not be suitable to persons of varying ages, including such content as violence, graphic sexual content, nudity, or strong language. (2) Hidden content.--The term ``hidden content'' means any playable content that may be disabled or blocked from a user of the video or computer game so that it can be accessed only by inputting a code or command or by altering the game's software with a modification, patch, or similar tool, utility, or method. (3) Playable content.--The term ``playable content'', with respect to video or computer games, means all of the scenes, visual images, sounds, and words that a user can access after installing the game on a computer, console, telecommunication device, or similar technology, and includes hidden content. (4) Rating organization.--The term ``rating organization'' means the Entertainment Software Ratings Board or any other independent organization that assigns content ratings for video or computer games. (5) Video or computer game.--The term ``video or computer game'' means any product, whether distributed electronically or through a tangible device, consisting of data, programs, routines, instructions, applications, symbolic languages, or similar electronic information that enables a user to interact with a computer-controlled virtual environment for entertainment purposes.", "summary": "Truth in Video Game Rating Act - Requires the Federal Trade Commission (FTC) to prescribe rules that prohibit as an unfair and deceptive act or practice: (1) any rating organization from assigning a content rating to any video or computer game unless it has reviewed its playable content; and (2) any producer, seller, or distributor of such games from withholding or hiding any such content. Requires the FTC rules also to: (1) require any person submitting to a rating organization a video or computer game with hidden content to accompany it with the codes or methods necessary to access such hidden content; and (2) prohibit a rating organization from providing a content rating that grossly mischaracterizes the game content. Directs the Comptroller General to study and report to Congress on the efficacy of the Entertainment Software Ratings Board (ESRB) ratings system in assigning appropriate content ratings to video and computer games, and related questions."}
{"article": "SECTION 1. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS. (a) Definitions.--In this section: (1) School.--The term ``school'' means-- (A) an elementary school or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); (B) an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)); (C) a school of the defense dependents' education system under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.) or established under section 2164 of title 10, United States Code; (D) a school operated by the Bureau of Indian Affairs; (E) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)); and (F) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Designation of Lead Agency.--The Secretary, acting through the Office of Energy Efficiency and Renewable Energy, shall act as the lead Federal agency for coordinating and disseminating information on existing Federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. (c) Requirements.--In carrying out coordination and outreach under subsection (b), the Secretary shall-- (1) in consultation and coordination with the appropriate Federal agencies, carry out a review of existing programs and financing mechanisms (including revolving loan funds and loan guarantees) available in or from the Department of Agriculture, the Department of Energy, the Department of Education, the Department of the Treasury, the Internal Revenue Service, the Environmental Protection Agency, and other appropriate Federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools; (2) establish a Federal cross-departmental collaborative coordination, education, and outreach effort to streamline communication and promote available Federal opportunities and assistance described in paragraph (1) for energy efficiency, renewable energy, and energy retrofitting projects that enables States, local educational agencies, and schools-- (A) to use existing Federal opportunities more effectively; and (B) to form partnerships with Governors, State energy programs, local educational, financial, and energy officials, State and local government officials, nonprofit organizations, and other appropriate entities to support the initiation of the projects; (3) provide technical assistance for States, local educational agencies, and schools to help develop and finance energy efficiency, renewable energy, and energy retrofitting projects-- (A) to increase the energy efficiency of buildings or facilities; (B) to install systems that individually generate energy from renewable energy resources; (C) to establish partnerships to leverage economies of scale and additional financing mechanisms available to larger clean energy initiatives; or (D) to promote-- (i) the maintenance of health, environmental quality, and safety in schools, including the ambient air quality, through energy efficiency, renewable energy, and energy retrofit projects; and (ii) the achievement of expected energy savings and renewable energy production through proper operations and maintenance practices; (4) develop and maintain a single online resource website with contact information for relevant technical assistance and support staff in the Office of Energy Efficiency and Renewable Energy for States, local educational agencies, and schools to effectively access and use Federal opportunities and assistance described in paragraph (1) to develop energy efficiency, renewable energy, and energy retrofitting projects; and (5) establish a process for recognition of schools that-- (A) have successfully implemented energy efficiency, renewable energy, and energy retrofitting projects; and (B) are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts. (d) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the implementation of this section.", "summary": "This bill amends the Energy Policy and Conservation Act to direct the Department of Energy (DOE), acting through the Office of Energy Efficiency and Renewable Energy, to act as the lead federal agency for coordinating and disseminating information on existing federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. DOE must: carry out a review of existing programs and financing mechanisms available in or from appropriate federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used for such purposes; establish a federal cross-departmental collaborative coordination, education, and outreach effort to streamline communication and promote available federal opportunities and assistance for such projects that enables states, local educational agencies, and schools to use existing federal opportunities more effectively and to form partnerships with appropriate entities to support project initiation; provide technical assistance for states, local educational agencies, and schools to help develop and finance projects that meet specified requirements; develop and maintain a single online resource website with contact information for relevant technical assistance and support staff in the Office for states, local educational agencies, and schools to effectively access and use federal opportunities and assistance to develop such projects; and establish a process for recognition of schools that have successfully implemented such projects and are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bill Emerson English Language Empowerment Act of 1997''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The United States is comprised of individuals and groups from diverse ethnic, cultural, and linguistic backgrounds. (2) The United States has benefited and continues to benefit from this rich diversity. (3) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been a common language. (4) In order to preserve unity in diversity, and to prevent division along linguistic lines, the Federal Government should maintain a language common to all people. (5) English has historically been the common language and the language of opportunity in the United States. (6) The purpose of this title is to help immigrants better assimilate and take full advantage of economic and occupational opportunities in the United States. (7) By learning the English language, immigrants will be empowered with the language skills and literacy necessary to become responsible citizens and productive workers in the United States. (8) The use of a single common language in conducting official businesss of the Federal Government will promote efficiency and fairness to all people. (9) English should be recognized in law as the language of official business of the Federal Government. (10) Any monetary savings derived from the enactment of this title should be used for the teaching of the English language to non-English-speaking immigrants. SEC. 3. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL GOVERNMENT. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE FEDERAL GOVERNMENT ``Sec. ``161. Declaration of official language of Federal Government. ``162. Preserving and enhancing the role of the official language. ``163. Official Federal Government activities in English. ``164. Standing. ``165. Reform of naturalization requirements. ``166. Application. ``167. Rule of construction. ``168. Affirmation of constitutional protections. ``169. Definitions. ``Sec. 161. Declaration of official language of Federal Government ``The official language of the Federal Government is English. ``Sec. 162. Preserving and enhancing the role of the official language ``Representatives of the Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. ``Sec. 163. Official Federal Government activities in English ``(a) Conduct of Business.--Representatives of the Federal Government shall conduct its official business in English. ``(b) Denial of Services.--No person shall be denied services, assistance, or facilities, directly or indirectly provided by the Federal Government solely because the person communicates in English. ``(c) Entitlement.--Every person in the United States is entitled-- ``(1) to communicate with representatives of the Federal Government in English; ``(2) to receive information from or contribute information to the Federal Government in English; and ``(3) to be informed of or be subject to official orders in English. ``Sec. 164. Standing ``A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 of title 28) obtain appropriate relief. ``Sec. 165. Reform of naturalization requirements ``(a) Fluency.--It has been the longstanding national belief that full citizenship in the United States requires fluency in English. English is the language of opportunity for all immigrants to take their rightful place in society in the United States. ``(b) Ceremonies.--All authorized officials shall conduct all naturalization ceremonies entirely in English. ``Sec. 166. Application ``Except as otherwise provided in this chapter, the provisions of this chapter shall supersede any existing Federal law that contravenes such provisions (such as by requiring the use of a language other than English for official business of the Federal Government). ``Sec. 167. Rule of construction ``Nothing in this chapter shall be construed-- ``(1) to prohibit a Member of Congress or an employee or official of the Federal Government, while performing official business, from communicating orally with another person in a language other than English; ``(2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act); ``(3) to discriminate against or restrict the rights of any individual in the country; and ``(4) to discourage or prevent the use of languages other than English in any nonofficial capacity. ``Sec. 168. Affirmation of constitutional protections ``Nothing in this chapter shall be construed to be inconsistent with the Constitution of the United States. ``Sec. 169. Definitions ``For purposes of this chapter: ``(1) Federal government.--The term `Federal Government' means all branches of the national Government and all employees and officials of the national Government while performing official business. ``(2) Official business.--The term `official business' means governmental actions, documents, or policies which are enforceable with the full weight and authority of the Federal Government, and includes publications, income tax forms, and informational materials, but does not include-- ``(A) teaching of languages; ``(B) requirements under the Individuals with Disabilities Education Act; ``(C) actions, documents, or policies necessary for-- ``(i) national security issues; or ``(ii) international relations, trade, or commerce; ``(D) actions or documents that protect the public health and safety; ``(E) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; ``(F) actions, documents, or policies that are not enforceable in the United States; ``(G) actions that protect the rights of victims of crimes or criminal defendants; ``(H) actions in which the United States has initiated a civil lawsuit; or ``(I) using terms of art or phrases from languages other than English. ``(3) United states.--The term `United States' means the several States and the District of Columbia.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Federal Government..................... 161''. SEC. 4. PREEMPTION. This title (and the amendments made by this title) shall not preempt any law of any State. SEC. 5. EFFECTIVE DATE. The amendments made by section 3 shall take effect on the date that is 180 days after the date of enactment of this Act.", "summary": "Bill Emerson English Language Empowerment Act of 1997 - Amends Federal law to declare English to be the official language of the U.S. Government. States that representatives of the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires such representatives to conduct official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Directs that nothing in this Act construed to limit the preservation or use of Native Alaskan or Native American languages. Sets forth definitions for purposes of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Lands Tracts Conveyance Act''. SEC. 2. SPECIAL CONVEYANCE AUTHORITY REGARDING SMALL PARCELS OF NATIONAL FOREST SYSTEM LAND AND PUBLIC LANDS. (a) Definitions.--In this section: (1) Director concerned.--The term ``Director concerned'' means the Director of the Bureau of Land Management for a State. (2) Eligible federal lands parcel.--The term ``eligible Federal lands parcel'' means a parcel of National Forest System land or the public lands that-- (A) shares one or more boundaries with non-Federal land; (B) is located within the boundaries of an incorporated or unincorporated area with a population of at least 500 residents; (C) is not subject to existing rights held by a non-Federal entity; (D) does not contain an exceptional resource; and (E) is not habitat for an endangered species or a threatened species determined under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). (3) Exceptional resource.--The term ``exceptional resource'' means a resource of scientific, historic, cultural, or recreational value on a parcel of public lands that the Director concerned or Regional Forester concerned determines, on the record and after an opportunity for a hearing-- (A) is documented by a Federal, State, or local governmental authority; and (B) requires extraordinary conservation and protection to maintain the resource for the benefit of the public. (4) National forest system land.-- (A) In general.--The term ``National Forest System land'' means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), including the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012). (B) Exclusions.--The term does not include any land managed by the Forest Service that is included in a national monument, an area of critical environmental concern, a national conservation area, a national riparian conservation area, a national recreation area, a national scenic area, a research natural area, a national outstanding natural area, a national natural landmark, a wilderness area, a wilderness study area, the national wild and scenic rivers system, or the national system of trails. (5) Public lands.-- (A) In general.--The term ``public lands'' has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (B) Exclusions.--The term does not include any land managed by the Bureau of Land Management that is included in a national monument, an area of critical environmental concern, a national conservation area, a national riparian conservation area, a national recreation area, a national scenic area, a research natural area, a national outstanding natural area, a national natural landmark, a wilderness area, a wilderness study area, the national wild and scenic rivers system, or the national system of trails. (6) Regional forester concerned.--The term ``Regional Forester concerned'' means the Regional Forester with jurisdiction over the National Forest System land of a specific Forest Service Region. (b) Selection of Parcels for Conveyance.-- (1) Two selection methods.--The Director concerned or the Regional Forester concerned shall select an eligible Federal lands parcel for conveyance under this section-- (A) in response to a request submitted by an owner of non-Federal land that shares one or more boundaries with the parcel; or (B) upon the recommendation of the District Office of the Bureau of Land Management or unit of the National Forest System exercising administration over the parcel. (2) Review of landowner request.--When a landowner submits a request under paragraph (1)(A) for conveyance of a parcel of National Forest System land or public lands, the Director concerned or the Regional Forester concerned shall review the parcel and determine, within 30 days after receipt of the request, whether the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (3) Rejection of landowner request.--If the Director concerned or the Regional Forester concerned determines under paragraph (2) that all or a portion of the parcel of National Forest System land or public lands covered by a landowner request under paragraph (1)(A) fails to satisfy the definition of eligible Federal lands parcel, the Director concerned or the Regional Forester concerned shall give the landowner-- (A) a written explanation of the reasons for the rejection, which specifically specifies-- (i) which of the elements of the definition of eligible Federal lands parcel the parcel fails to satisfy and how and why the parcel fails to satisfy that element; (ii) how the continued administration of the parcel by the Bureau of Land Management or the Forest Service would impact the parcel and surrounding economy; and (iii) why the Federal Government needs to maintain ownership of the parcel and would be the best land ownership steward of the parcel; and (B) an opportunity to appeal the rejection under subsection (e). (c) Parcel and Acreage Limitations.-- (1) Acreage.--An eligible Federal lands parcel conveyed under this section may not exceed 160 acres unless a request for additional acreage is approved by the Director concerned or the Regional Forester concerned. (2) Number of parcels.--A person may only acquire one eligible Federal lands parcel under this section per year, except that, if the parcel is less than 160 acres in size, the person may acquire additional eligible Federal lands parcels during that year so long as the total acreage acquired does not exceed 160 acres unless a request for additional acreage is approved by the Director concerned or the Regional Forester concerned. (d) Conveyance Process.-- (1) Public notice.--The Director concerned or the Regional Forester concerned shall provide public notice of the availability of an eligible Federal lands parcel, even in cases in which the parcel shares a boundary with only a single parcel of non-Federal land or with multiple parcels owned by the same landowner. The notice shall state that the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (2) Single adjacent landowner.--If the eligible Federal lands parcel shares a boundary with only a single parcel of non-Federal land or with multiple parcels owned by the same landowner, the Director concerned or the Regional Forester concerned shall carry out a negotiated sale of the eligible Federal lands parcel with the landowner. (3) Multiple adjacent landowners.--If multiple parcels of non-Federal land, owned by different landowners, share a boundary with an eligible public lands parcel, the sale of the eligible public lands parcel under this section shall be conducted using competitive bidding procedures established under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)). (4) Rejection of offers.--The Director concerned or the Regional Forester concerned may reject any offer made under this subsection that does not offer the minimum consideration required by subsection (f). The landowner shall be given an opportunity to appeal the rejection under subsection (e). (5) Compliance with local planning and zoning.--As a condition of the conveyance of an eligible public lands parcel under this section, the Director concerned or the Regional Forester concerned shall require the purchaser of the parcel to agree to comply all local land use ordinances and any master zoning plan applicable to the parcel or the adjacent non- Federal land of the purchaser. (6) Form of conveyance.--When an eligible Federal lands parcel is to sold under this section, the Director concerned or the Regional Forester concerned shall convey, by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to the parcel. (e) Appeals Process.-- (1) Availability of appeal.--If the Director concerned or the Regional Forester concerned rejects a landowner request under subsection (b)(1)(A) for selection of a parcel of National Forest System land or public lands for conveyance under this section or rejects a landowner offer for purchase of an eligible Federal lands parcel under subsection (d), the Director concerned or the Regional Forester concerned shall provide an appeals process for reconsideration of the rejection using the expedited Forest Service appeals process available under section 322(d) of Public Law 102-381 (16 U.S.C. 1612 note). (2) Administering official.--For purposes of applying section 322(d) of Public Law 102-381 (16 U.S.C. 1612 note), references to the Chief of the Forest Service or the Secretary of Agriculture shall be deemed to mean the Director concerned or the Regional Forester concerned. (f) Consideration.-- (1) Fair market value.--As consideration for the sale of an eligible Federal lands parcel under this section, the Director concerned or the Regional Forester concerned shall require a cash payment in an amount that is equal to not less than the fair market value of the parcel, including the mineral estate, being conveyed by the Director concerned or the Regional Forester concerned. (2) Establishment.--The fair market value of an eligible Federal lands parcel shall be established by an appraisal submitted by the landowner seeking to purchase the parcel, unless the Director concerned or the Regional Forester concerned rejects such appraisal within 45 days after submission. In the case of the rejection of the appraisal, the Director concerned or the Regional Forester concerned shall cause another appraisal to be conducted, within 30 days, in accordance with the regulations regarding appraisals issued under section 206(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(f)). (g) Treatment of Proceeds.-- (1) Sharing and deposit of proceeds.--Of the consideration received by the Director concerned or the Regional Forester concerned under subsection (f) for the sale of an eligible Federal lands parcel under this section, the Director concerned or the Regional Forester concerned shall-- (A) subject to paragraph (2), pay 50 percent of the consideration to the county government of the county in which the parcel is located; and-- (B) deposit the remainder in the general fund of the Treasury. (2) Effect of county purchase.--If an eligible Federal lands parcel is purchased by a State, county, or city government or any agency thereof, the county government in which the parcel is located shall not receive a portion of the consideration paid for the parcel. Instead, the entire amount of the consideration shall be deposited in the general fund of the Treasury. (h) Payment of Costs of Conveyance.-- (1) Payment required.--The Director concerned or the Regional Forester concerned shall require the purchaser of an eligible Federal lands parcel under this section to cover the costs to be incurred, or to reimburse the Director concerned or the Regional Forester concerned for costs incurred, to carry out the conveyance, including survey and appraisal costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the purchaser of the parcel in advance of the Director concerned or the Regional Forester concerned incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Director concerned or the Regional Forester concerned to carry out the conveyance, the Director concerned or the Regional Forester concerned shall refund the excess amount to the purchaser. (2) Treatment of amounts received.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (i) Time for Conveyance.--It is the intent of the Congress that the sale of an eligible Federal lands parcel under this section, from selection of the parcel for conveyance through completion of the sale, should take no more than 18 months. (j) NEPA Exemption.--The conveyance of eligible Federal lands parcels under this section is not a major Federal action significantly affecting the quality of the human environment under section 102(2)(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) because each conveyance involves only a small parcel of National Forest System land or the public lands and has no significant impact on critical habitats or endangered or threatened species, critical environments, exceptional resources. (k) Additional Authority.--The conveyance authority provided by this section is in addition to the sale authority provided by section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) or any other provision of law.", "summary": "Small Lands Tracts Conveyance Act - Requires the Director of the Bureau of Land Management (BLM) for a state (respecting certain public lands) or the Regional Forester (respecting certain National Forest System lands) to select an eligible federal lands parcel for conveyance: (1) in response to a request by an owner of non-federal land that shares one or more boundaries with such parcel, or (2) upon the recommendation of the BLM District Office or System unit that exercises administration over such parcel. Bars a conveyed eligible parcel from exceeding 160 acres unless the Director or Regional Forester concerned approves a request for additional acreage. Permits acquisition by a person of only one eligible parcel a year, subject to an exception. Instructs the Director or Regional Forester concerned, as consideration for the sale of an eligible parcel, to require a cash payment in an amount equal to not less than the fair market value of such parcel, including the mineral estate, being conveyed. Requires the Director or the Regional Forester concerned to: (1) pay 50% of the consideration received for the sale of an eligible parcel to the county government in which such parcel is located, and (2) deposit the remaining amount in the general Treasury fund. Requires the purchaser of an eligible federal lands parcel under this Act to cover the costs to be incurred, or to reimburse the Director or Regional Forester concerned for the costs incurred, in carrying out the conveyance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Scaling Up Manufacturing Act of 2013''. SEC. 2. CREDIT FOR MANUFACTURING FACILITY COSTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. MANUFACTURING FACILITY EXPENDITURES. ``(a) General Rule.--For purposes of section 38, in the case of an eligible business, the manufacturing facility expenditure credit for any taxable year is an amount equal to 25 percent of the qualified facility construction expenditures of the taxpayer for the taxable year. ``(b) Eligible Business.--For purposes of this section, the term `eligible business' means any corporation or partnership-- ``(1) which is engaged in an active trade or business, ``(2) which is headquartered in the United States, ``(3) substantially all of the management or administrative activities of which are performed in the United States, ``(4) which has not (prior to placing into service the manufacturing facility designated for purposes of this section) placed in service a dedicated commercial manufacturing facility, ``(5) with respect to which all debt obligations issued by, and equity interests in, have a rating of B minus (or its substantial equivalent) or higher from a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934). ``(c) Qualified Facility Construction Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified facility construction expenditures' means amounts paid or incurred by the taxpayer-- ``(A) for the construction of a facility (designated for purposes of this section by the taxpayer at such time and in such form and manner as the Secretary shall prescribe) in the United States to manufacture a qualified product (including amounts for professional services necessary for the planning of such construction), and ``(B) for the purchase of specialized equipment for use at such facility and required for the manufacture of such product. ``(2) Qualified product.--The term `qualified product' means any product which, prior to construction of the facility with respect to which a credit is allowed under this section, the taxpayer has produced and sold to a bona fide purchaser, and such purchaser has placed such product in service. ``(d) Special Rules.--For purposes of this section-- ``(1) Recapture.-- ``(A) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any facility of the taxpayer with respect to which a credit was allowed under this section, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(i) the applicable recapture percentage, and ``(ii) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified facility construction expenditures of the taxpayer described in subsection (c)(1) with respect to such facility had been zero. ``(B) Applicable recapture percentage.-- ``(i) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined in accordance with the following table: ``If the recapture event The applicable recapture percentage occurs in: is: Year 1............................................. 100 Year 2............................................. 80 Year 3............................................. 60 Year 4............................................. 40 Year 5............................................. 20 Years 6 and thereafter............................. 0. ``(ii) Years.--For purposes of clause (i), year 1 shall begin on the first day of the taxable year in which the facility with respect to which a credit was allowed under this subsection was placed in service. ``(C) Recapture event.--For purposes of this paragraph-- ``(i) In general.--A recapture event occurs with respect to any facility if-- ``(I) the taxpayer becomes insolvent, or ``(II) the taxpayer disposes of the facility to another person who, at this time of the disposition, is not an eligible business. ``(ii) Special rule for facilities not placed in service within 5 years.--In the case of a facility with respect to which a credit is allowed under this section which is not placed in service before the close of the 5th taxable year beginning after the first taxable year for which the credit was so allowed, a recapture event shall be treated as having occurred with respect to such facility in year 1. ``(2) Credit may be assigned.--The amount of qualified facility construction expenditures with respect to a facility which would (but for this paragraph) be taken into account under subsection (a) for any taxable year by any person (hereafter in this paragraph referred to as the `initial taxpayer')-- ``(A) may be taken into account by any other person to whom such expenditures are assigned by the initial taxpayer, and ``(B) shall not be taken into account by initial taxpayer. Any person to whom such expenditures are assigned under subparagraph (A) shall be treated for purposes of this title as the taxpayer with respect to such expenditures. ``(3) Controlled group.--All members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person for purposes of this section. ``(4) Predecessor.--Any reference in this section to a corporation or partnership shall include a reference to any predecessor of such corporation or partnership. ``(5) Denial of double benefit.--For purposes of this subtitle, if a credit is allowed under this section in connection with any expenditure for any property, the basis of such property shall be reduced by the amount of the credit so allowed.''. (b) Denial of Double Benefit.--Section 280C of such Code is amended by inserting after subsection (h) the following new subsection: ``(i) Manufacturing Facility Expenditures.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under section 45S for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45S(a).''. (c) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by inserting after paragraph (36) the following: ``(37) manufacturing facility expenditure credit determined under section 45S(a).''. (d) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45S(d)(2).''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.", "summary": "Scaling Up Manufacturing Act of 2013 - Amends the Internal Revenue Code to allow certain corporations or partnerships that are headquartered in the United States a tax credit for up to 25% of their costs for the construction of a manufacturing facility and for the purchase of specialized equipment for use at such facility."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonprofit Energy Efficiency Act''. SEC. 2. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM. (a) Definitions.--In this section: (1) Applicant.--The term ``applicant'' means a nonprofit organization that applies for a grant under this section. (2) Energy-efficiency improvement.-- (A) In general.--The term ``energy-efficiency improvement'' means an installed measure (including a product, equipment, system, service, or practice) that results in a reduction in demand by a nonprofit organization for energy or fuel supplied from outside the nonprofit building. (B) Inclusions.--The term ``energy-efficiency improvement'' includes an installed measure described in subparagraph (A) involving-- (i) repairing, replacing, or installing-- (I) a roof, electrical wiring, plumbing, sewage, or lighting system, or component of a roof, electrical wiring, or system; (II) a window; (III) a door, including a security door; or (IV) a heating, ventilation, or air conditioning system or component of the system (including insulation); (ii) a renewable energy generation or heating system, including a solar, photovoltaic, wind, geothermal, or biomass (including wood pellet) system or component of the system; and (iii) any other measure taken to modernize, renovate, or repair a nonprofit building to make the nonprofit building more energy efficient. (3) Nonprofit building.-- (A) In general.--The term ``nonprofit building'' means a building operated and owned by a nonprofit organization. (B) Inclusions.--The term ``nonprofit building'' includes a building described in subparagraph (A) that is-- (i) a hospital; (ii) a youth center; (iii) a school; (iv) a social-welfare program facility; (v) a house of worship; and (vi) any other nonresidential and noncommercial structure. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a pilot program to award grants for the purpose of retrofitting nonprofit buildings with energy-efficiency improvements. (c) Grants.-- (1) In general.--The Secretary may award grants under the program established under subsection (b). (2) Application.--The Secretary may award a grant under this section if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe. (3) Criteria for grant.--In determining whether to award a grant under this section, the Secretary shall apply performance-based criteria, which shall give priority to applications based on-- (A) the cost-effectiveness of the energy-efficiency improvement; and (B) an effective plan for evaluation, measurement, and verification of energy savings. (4) Limitation on individual grant amount.--Each grant awarded under this section shall not exceed-- (A) an amount equal to 50 percent of the energy- efficiency improvement; and (B) $200,000. (5) Cost sharing.-- (A) In general.--A grant awarded under this section shall be subject to a minimum non-Federal cost-sharing requirement of 50 percent. (B) In-kind contributions.--The non-Federal share may be provided in the form of in-kind contributions of materials or services. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2013 through 2016, to remain available until expended. SEC. 3. OFFSET. Section 399A(i) of the Energy Policy and Conservation Act (42 U.S.C. 6371h-1(i)) is amended-- (1) in paragraph (1), by striking ``2013'' and inserting ``2012 and $200,000,000 for each of fiscal years 2013 through 2016''; and (2) in paragraph (2), by striking ``2013'' and inserting ``2016''.", "summary": "Nonprofit Energy Efficiency Act - Directs the Secretary of Energy (DOE) to establish a pilot program to award grants to nonprofit organizations for the purpose of retrofitting buildings owned by such organizations with energy-efficiency improvements. Directs the Secretary, in determining whether to award a grant, to apply performance-based criteria, which shall give priority to applications based on: (1) the cost-effectiveness of the energy-efficiency improvement; and (2) an effective plan for evaluation, measurement, and verification of energy savings. Limits each grant award to: (1) an amount equal to 50% of the energy-efficiency improvement, and (2) $200,000. Authorizes appropriations for such grants for FY2013-FY2016 and makes offsetting reductions in authorizations for energy sustainability and efficiency grants under the Energy Policy and Conservation Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reconnecting Congress with America Act of 2011''. SEC. 2. REDUCTION IN SALARIES OF MEMBERS OF CONGRESS IN RESPONSE TO FEDERAL BUDGET DEFICIT. (a) Determination of Salaries.--The annual rate of pay for a Member of Congress (including a Delegate or Resident Commissioner to the Congress) for pay periods occurring in a calendar year shall be equal to the following: (1) If, with respect to the most recent fiscal year ending before that calendar year, the Federal deficit was equal to or greater than 3 percent of the gross domestic product, 80% of the base rate applicable to the Member. (2) If, with respect to the most recent fiscal year ending before that calendar year, the Federal deficit was less than 3 percent of the gross domestic product, 90% of the base rate applicable to the Member. (3) If, with respect to the most recent fiscal year ending before that calendar year, there was no Federal deficit, 100% of the base rate applicable to the Member. (b) Federal Deficit.-- (1) Definition.--For purposes of this section, the term ``Federal deficit'' means, with respect to a fiscal year, the amount by which outlays of the Federal Government exceeded receipts of the Government for that fiscal year. (2) Report by secretary of the treasury.--Not later than 30 days after the end of each fiscal year (beginning with fiscal year 2011), the Secretary of the Treasury shall-- (A) make a determination of the gross domestic product for that fiscal year; (B) make a determination of whether a Federal deficit existed with respect to that fiscal year, and, if so, the amount of such Federal deficit; and (C) submit a report of such determinations to Congress. (c) Base Rate.--For purposes of this section, the ``base rate'' applicable to a Member of Congress means-- (1) in the case of the Speaker of the House of Representatives, $223,500; (2) in the case of the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, $193,400; and (3) in the case of any other Member of Congress, $174,000. (d) Conforming Amendment.--Section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is repealed. (e) Effective Date.-- (1) In general.--This section and the amendments made by this section shall apply with respect to pay periods occurring on or after January 1, 2013. (2) Sense of congress regarding voluntary return of salary.--It is the sense of Congress that, during pay periods occurring after the date of enactment of this Act and prior to the date referred to in paragraph (1), each Member of Congress should voluntarily adjust the amount of the Member's salary to reflect the annual rates of pay that will take effect on such date. SEC. 3. RETIREMENT CONTRIBUTIONS FOR MEMBERS OF CONGRESS. (a) Civil Service Retirement System.-- (1) Member contribution.--Notwithstanding any provision of subsection (a)(1)(A) or (k)(1)(A) of section 8334 of title 5, United States Code, for any period beginning on or after date of enactment of this Act, the contributions payable by a Member of Congress under such provision for such period shall be equal to the percentage that would otherwise apply plus 4.9 percentage points. (2) Government contribution.--Notwithstanding any provision of subsection (a)(1)(B) or (k)(1)(B) of section 8334 of such title, for any period beginning on or after date of enactment of this Act, the contributions payable under such provision for a Member of Congress shall be equal to the percentage that would otherwise apply minus 4.9 percentage points. (b) Federal Employees' Retirement System.-- (1) Member contribution.--Notwithstanding any provision of section 8422(a) of title 5, United States Code, for any period beginning on or after date of enactment of this Act, the contributions payable by a Member of Congress under such provision for such period shall be equal to the percentage that would otherwise apply plus 4.9 percentage points. (2) Government contribution.--Notwithstanding any provision of section 8423 of such title, for any period beginning on or after date of enactment of this Act, the contributions payable under such provision for a Member of Congress shall be equal to the percentage that would otherwise apply (disregarding paragraph (1)) minus 4.9 percentage points. SEC. 4. PROHIBITING COMMODITIES AND SECURITIES TRADING BASED ON NONPUBLIC INFORMATION RELATING TO CONGRESS. (a) Nonpublic Information Relating to Congress and Other Federal Employees.-- (1) Commodities transactions.--Section 4c of the Commodity Exchange Act (7 U.S.C. 6c) is amended by adding at the end the following: ``(h) Nonpublic Information Relating to Congress.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling any commodity for future delivery or swap while such person is in possession of material nonpublic information, as defined by the Commission, relating to any pending or prospective legislative action relating to such commodity if-- ``(1) such information was obtained by reason of such person being a Member or employee of Congress; or ``(2) such information was obtained from a Member or employee of Congress, and such person knows that the information was so obtained. ``(i) Nonpublic Information Relating to Other Federal Employees.-- ``(1) Rulemaking.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling any commodity for future delivery or swap while such person is in possession of material nonpublic information derived from Federal employment and relating to such commodity if-- ``(A) such information was obtained by reason of such person being an employee of an agency, as such term is defined in section 551(1) of title 5, United States Code; or ``(B) such information was obtained from such an employee, and such person knows that the information was so obtained. ``(2) Material nonpublic information.--For purposes of this subsection, the term `material nonpublic information' means any information that an employee of an agency (as such term is defined in section 551(1) of title 5, United States Code) gains by reason of Federal employment and that such employee knows or should know has not been made available to the general public, including information that-- ``(A) is routinely exempt from disclosure under section 552 of title 5, United States Code, or otherwise protected from disclosure by statute, Executive order, or regulation; ``(B) is designated as confidential by an agency; or ``(C) has not actually been disseminated to the general public and is not authorized to be made available to the public on request.''. (2) Securities transactions.--Section 10 of the Securities Exchange Act of 1934 (15 U.S.C. 78j) is amended by adding at the end the following: ``(d) Nonpublic Information Relating to Congress.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling the securities or security based swaps of any issuer while such person is in possession of material nonpublic information, as defined by the Commission, relating to any pending or prospective legislative action relating to such issuer if-- ``(1) such information was obtained by reason of such person being a Member or employee of Congress; or ``(2) such information was obtained from a Member or employee of Congress, and such person knows that the information was so obtained. ``(e) Nonpublic Information Relating to Other Federal Employees.-- ``(1) Rulemaking.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling the securities or security based swaps of any issuer while such person is in possession of material nonpublic information derived from Federal employment and relating to such issuer if-- ``(A) such information was obtained by reason of such person being an employee of an agency, as such term is defined in section 551(1) of title 5, United States Code; or ``(B) such information was obtained from such an employee, and such person knows that the information was so obtained. ``(2) Material nonpublic information.--For purposes of this subsection, the term `material nonpublic information' means any information that an employee of an agency (as such term is defined in section 551(1) of title 5, United States Code) gains by reason of Federal employment and that such employee knows or should know has not been made available to the general public, including information that-- ``(A) is routinely exempt from disclosure under section 552 of title 5, United States Code, or otherwise protected from disclosure by statute, Executive order, or regulation; ``(B) is designated as confidential by an agency; or ``(C) has not actually been disseminated to the general public and is not authorized to be made available to the public on request.''. (b) Committee Hearings on Implementation.-- (1) In general.--The Committee on Agriculture of the House of Representatives shall hold a hearing on the implementation by the Commodity Futures Trading Commission of subsections (h) and (i) of section 4c of the Commodity Exchange Act (as added by subsection (a)), and the Committee on Financial Services of the House of Representatives shall hold a hearing on the implementation by the Securities Exchange Commission of subsections (d) and (e) of section 10 of the Securities Exchange Act of 1934 (as added by subsection (a)). (2) Exercise of rulemaking authority.--Paragraph (1) is enacted-- (A) as an exercise of the rulemaking power of the House of Representatives and, as such, shall be considered as part of the rules of the House, and such rules shall supersede any other rule of the House only to the extent that rule is inconsistent therewith; and (B) with full recognition of the constitutional right of the House to change such rules (so far as relating to the procedure in the House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House. SEC. 5. SENSE OF CONGRESS REGARDING APPLICATION OF LAWS TO MEMBERS. It is the sense of Congress that any law enacted by Congress should apply to Members of Congress in the same manner and to the same extent as the law applies to other individuals.", "summary": "Reconnecting Congress with America Act of 2011 - Adjusts the annual rate of pay for Members of Congress for pay periods occurring in a calendar year if, for the most recent fiscal year ending before that calendar year, the federal deficit attained specified levels. Sets a Member's annual pay rate at: (1) 80% of the applicable base rate if the federal deficit was equal to or greater than 3% of the gross domestic product (GDP), (2) 90% of the applicable rate if the federal deficit was less than 3% of GDP, and (3) 100% of the applicable rate if there was no federal deficit. Amends the Legislative Reorganization Act of 1946 to eliminate any statutory pay adjustments for Members of Congress. Increases by 4.9% the contributions payable by a Member of Congress under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS). Establishes the federal contributions payable under CSRS and FERS for a Member equal to the percentage that would otherwise apply minus such 4.9% increase. Amends the Commodity Exchange Act and the Securities Exchange Act of 1934 to direct both the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) to prohibit purchase or sale of either securities, security-based swaps, or commodities for future delivery or swap by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or congressional employee, (2) by reason of being a Member or congressional employee, or (3) from other federal employees and derived from their federal employment. Directs both the Committee on Agriculture and the Committee on Financial Services of the House of Representatives to hold hearings on the implementation by the CFTC and the SEC of such financial transaction prohibitions. Expresses the sense of Congress that any law enacted by Congress should apply to Members of Congress in the same manner and to the same extent as the law applies to other individuals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowerment Zone Enhancement Act of 1998''. SEC. 2. FUNDING ENTITLEMENT FOR ADDITIONAL ENTERPRISE ZONES. (a) Entitlement.--Section 2007(a)(1) of the Social Security Act (42 U.S.C. 1397f(a)) is amended-- (1) in subparagraph (A), by striking ``in the State; and'' and inserting ``in the State designated pursuant to section 1391(b) of the Internal Revenue Code of 1986;''; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding after subparagraph (B) the following new subparagraph: ``(C) 10 grants under this section for each qualified empowerment zone in the State designated pursuant to section 1391(g) of such Code.''. (b) Amount of Grants.--Section 2007(a)(2) of that Act (42 U.S.C. 1397f(a)(2)) is amended-- (1) in the heading of subparagraph (A), by inserting ``original'' before ``empowerment''; (2) in subparagraph (A), in the matter preceding clause (i), by inserting ``described in paragraph (1)(A)'' after ``empowerment zone''; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B) the following new subparagraph: ``(C) Additional empowerment grants.--The amount of each grant to a State under this section for a qualified empowerment zone described in paragraph (1)(C) shall be-- ``(i) if the zone is designated in an urban area, $10,000,000, or ``(ii) if the zone is designated in a rural area, $4,000,000, multiplied by the proportion of the population of the zone that resides in the State.''. (c) Timing of Grants.--Section 2007(a)(3) of that Act (42 U.S.C. 1397f(a)(3)) is amended-- (1) in the heading of subparagraph (A), by inserting ``original'' before ``qualified''; (2) in subparagraph (A), in the matter preceding clause (i), by inserting ``described in paragraph (1)(A)'' after ``empowerment zone''; and (3) by adding after subparagraph (B) the following new subparagraph: ``(C) Additional qualified empowerment zones.--With respect to each qualified empowerment zone described in paragraph (1)(C), the Secretary shall make-- ``(i) 1 grant under this subsection to the State in which the zone lies, on the date of the designation of the zone under such part I; and ``(ii) 1 grant under this subsection to such State, on the first day of each of the nine fiscal years that begin after the date of the designation.''. (d) Funding.--Section 2007(a)(4) of that Act (42 U.S.C. 1397f(a)(4)) is amended-- (1) by relocating and redesignating the matter following the caption as subparagraph (A); (2) by inserting ``Original grants.--'' after the subparagraph designation ``(A)''; (3) in subparagraph (A), as so redesignated, by inserting before the period ``for empowerment zones and enterprise communities described in subparagraphs (A) and (B) of paragraph (1)''; and (4) by adding after subparagraph (A), as so redesignated, the following new subparagraph: ``(B) Additional grants.--$1,700,000,000 shall be made available to the Secretary for grants under this section for empowerment zones described in paragraph (1)(C).''. SEC. 3. RESPONSIBILITY FOR ENVIRONMENTAL REVIEW. Section 2007 of the Social Security Act (42 U.S.C. 1397f) is amended-- (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsection: ``(f) Environmental Review.-- ``(1) Execution of responsibility by the secretary of housing and urban development and the secretary of agriculture.-- ``(A) Applicability.--This subsection shall apply to grants under this section in connection with empowerment zones and enterprise communities designated under section 1391(a) of the Internal Revenue Code of 1986 and empowerment zones designated under section 1391(g) of such Code-- ``(i) by the Secretary of Housing and Urban Development in the case of those located in urban areas; and ``(ii) by the Secretary of Agriculture in the case of those located in rural areas. ``(B) Execution of responsibility.--With respect to grants described in subparagraph (A), the Secretary of Housing and Urban Development and the Secretary of Agriculture, as appropriate, shall execute the responsibilities under the National Environmental Policy Act of 1969 and other provisions of law which further the purposes of such Act (as specified in regulations issued by each such Secretary under paragraph (2)(B)) that would otherwise apply to the Secretary of Health and Human Services, and may provide for the assumption of such responsibilities in accordance with paragraphs (2) through (5). ``(C) Definition of secretary.--Except as used in subparagraphs (A) and (B), the term `Secretary' as used in this subsection means the Secretary of Housing and Urban Development for purposes of grants under this section with respect to urban areas and means the Secretary of Agriculture for purposes of grants under this section with respect to rural areas. ``(2) Assumption of responsibility by states, units of general local government, and indian tribes.-- ``(A) Release of funds.--In order to assure that the policies of the National Environmental Policy Act of 1969 and other provisions of law that further the purposes of such Act (as specified in regulations issued by the Secretary under paragraph (2)(B)) are most effectively implemented in connection with the expenditure of funds under this section, and to assure to the public undiminished protection of the environment, the Secretary may, under such regulations, in lieu of the environmental protection procedures otherwise applicable, provide for the release of funds for particular projects to recipients of assistance under this section if the State, unit of general local government, or Indian tribe, as designated by the Secretary in accordance with regulations issued by the Secretary under paragraph (2)(B), assumes all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would otherwise apply to the Secretary were the Secretary to undertake such projects as Federal projects. ``(B) Implementation.--The Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue regulations to carry out this subsection only after consultation with the Council on Environmental Quality. Such regulations shall-- ``(i) specify any other provisions of law which further the purposes of the National Environmental Policy Act of 1969 and to which the assumption of responsibility as provided in this subsection applies; ``(ii) provide eligibility criteria and procedures for the designation of a State, unit of general local government, or Indian tribe to assume all of the responsibilities in this section; ``(iii) specify the purposes for which funds may be committed without regard to the procedure established under paragraph (3); ``(iv) provide for monitoring of the performance of environmental reviews under this subsection; ``(v) in the discretion of the Secretary, provide for the provision or facilitation of training for such performance; and ``(vi) subject to the discretion of the Secretary, provide for suspension or termination by the Secretary of the assumption under subparagraph (A). ``(C) Responsibilities of state, unit of general local government, or indian tribe.--The Secretary's duty under subparagraph (B) shall not be construed to limit any responsibility assumed by a State, unit of general local government, or Indian tribe with respect to any particular release of funds under subparagraph (A). ``(3) Procedure.--The Secretary shall approve the release of funds for projects subject to the procedures authorized by this subsection only if, not less than 15 days prior to such approval and prior to any commitment of funds to such projects (except for such purposes specified in the regulations issued under paragraph (2)(B)), the recipient submits to the Secretary a request for such release accompanied by a certification of the State, unit of general local government, or Indian tribe which meets the requirements of paragraph (4). The approval by the Secretary of any such certification shall be deemed to satisfy the Secretary's responsibilities pursuant to paragraph (1) under the National Environmental Policy Act of 1969 and such other provisions of law as the regulations of the Secretary specify insofar as those responsibilities relate to the release of funds for projects to be carried out pursuant thereto which are covered by such certification. ``(4) Certification.--A certification under the procedures authorized by this subsection shall-- ``(A) be in a form acceptable to the Secretary; ``(B) be executed by the chief executive officer or other officer of the State, unit of general local government, or Indian tribe who qualifies under regulations of the Secretary; ``(C) specify that the State, unit of general local government, or Indian tribe under this subsection has fully carried out its responsibilities as described under paragraph (2); and ``(D) specify that the certifying officer-- ``(i) consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and each provision of law specified in regulations issued by the Secretary insofar as the provisions of such Act or other such provision of law apply pursuant to paragraph (2); and ``(ii) is authorized and consents on behalf of the State, unit of general local government, or Indian tribe and himself or herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of the responsibilities as such an official. ``(5) Approval by states.--In cases in which a unit of general local government carries out the responsibilities described in paragraph (2), the Secretary may permit the State to perform those actions of the Secretary described in paragraph (3). The performance of such actions by the State, where permitted, shall be deemed to satisfy the responsibilities referred to in the second sentence of paragraph (3).''. SEC. 4. PERFORMANCE MEASUREMENT AND EVALUATION; GRANT ADJUSTMENTS. Section 2007 of the Social Security Act (42 U.S.C. 1397f), as amended by section 4, is further amended by adding after subsection (f) the following new subsection: ``(g) Performance Measurement System, Reports, and Evaluations, Grant Adjustments, and Related Matters.-- ``(1) Applicability.--The requirements of this subsection-- ``(A) apply to all grants made by a State, from grants to the State under subsection (a)(2)(C), to lead implementing entities (as defined in paragraph (7)) for empowerment zones designated pursuant to section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C. 1391(g)); and ``(B) are in addition to the annual report and biennial audit requirements applicable to States under section 2006. ``(2) Performance measurement system.--The lead implementing entity for an empowerment zone shall establish a performance measurement system acceptable to the Secretary to assist in assessing the extent to which its strategic plan is being implemented and funds made available under subsection (a)(2)(C) are being used effectively. ``(3) Performance report.--Each lead implementing entity shall submit to the Secretary (and make available to the public upon request), at such time and in such manner as the Secretary shall prescribe, a report including an assessment of the progress the empowerment zone has made toward implementing its strategic plan, and such other information as the Secretary shall prescribe. To the extent practicable, the report shall also include information available to the lead implementing entity with respect to the use of tax incentives available to empowerment zones designated pursuant to section 1391(g) of the Internal Revenue Code of 1986. ``(4) Performance evaluations, adjustments, and recordkeeping.-- ``(A) Performance evaluations.--The Secretary shall regularly evaluate the progress of the lead implementing entity for the empowerment zone in implementing the strategic plan for the zone, on the basis of performance reviews and any other information that the Secretary may require. ``(B) Adjustments.--On the basis of the Secretary's evaluation under subparagraph (A), the Secretary may direct the Secretary of Health and Human Services to adjust, reduce, or cancel the grant to a State under subsection (a)(2)(C) for the current or any future fiscal year or years, except that amounts already properly expended by a lead implementing entity on eligible activities under this Act shall not be recaptured or deducted from future grants to the State. ``(5) Retention of records.--Each lead implementing entity shall keep such records relating to funds received from grants to the State under subsection (a)(2)(C), including the amounts and disposition of such funds and the types of activities funded, as the Secretary determines to be necessary to enable the Secretary to evaluate the performance of the lead implementing agency and to determine compliance with the requirements of this subsection. ``(6) Secretary's access to documents.--The Secretary shall have access, for the purpose of evaluations and examinations pursuant to paragraph (4)(A), to any books, documents, papers, and records of any grantee or other entity or person that are pertinent to grant amounts received in connection with this section. ``(7) Definitions.--For purposes of this subsection-- ``(A) The term `lead implementing entity' means the local government or governments, the governance body of an empowerment zone as specified in the strategic plan, or any non-profit entity that is principal administrator of an empowerment zone. ``(B) The term `Secretary' means the Secretary of Housing and Urban Development for purposes of grants under this section with respect to urban areas and means the Secretary of Agriculture for purposes of grants under this section with respect to rural areas, except as the context otherwise indicates.''. SEC. 5. TECHNICAL AMENDMENTS. Section 2007(b) of the Social Security act is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by striking ``to prevent''; and (2) in paragraph (4), in the matter preceding subparagraph (A), by striking ``maintain'' and inserting ``maintaining''.", "summary": "Empowerment Zone Enhancement Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act with respect to additional grants to: (1) provide for grant funding for additional empowerment zones; (2) set the amount of such grants for zones in urban ($10 million) and rural ($4 million) areas, as well as the timing of such grants (ten years of one-year grants); (3) provide funding for such grants; (4) require environmental review by the Secretary of Housing and Urban Development (urban areas) and the Secretary of Agriculture (rural areas); and (5) require the lead implementing entity for an empowerment zone to establish a performance measurement system."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS; AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Mentor Schools Act''. (b) Findings.--The Congress finds that-- (1) while low-income students have made significant gains with respect to educational achievement and attainment, considerable gaps still persist for these students in comparison to those from more affluent socio-economic backgrounds; (2) our Nation has a compelling interest in assuring that all children receive a high quality education; (3) new methods and experiments to revitalize the educational achievement of, and opportunities for, low-income individuals must be a part of any comprehensive solution to the problems in our Nation's educational system; (4) successful educational alternatives should be widely implemented to better the education of low-income individuals; (5) preliminary research shows that same gender schools produce promising academic and behavioral improvements in both sexes for low-income, educationally disadvantaged students; (6) extensive data on same gender schools are needed to determine whether same gender schools are closely tailored to achieving the compelling government interest in assuring that all children are educated to the best of their ability; (7) in recent years efforts to experiment with same gender schools have been inhibited by lawsuits and threats of lawsuits by private groups as well as governmental entities; and (8) same gender schools are a legal educational alternative to coeducational schools and are not prohibited under the regulations under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as such regulations were in effect on the day preceding the date of enactment of this Act, so long as-- (A) comparable courses, services and facilities are available to students of each sex; and (B) the same policies and criteria for admission to such schools are used for both sexes. (c) Purposes.--It is the purpose of this Act-- (1) to award grants to local educational agencies for the establishment of same gender schools for low-income students; (2) to determine whether same gender schools make a difference in the educational achievement and opportunities of low-income, educationally disadvantaged individuals; (3) to improve academic achievement and persistence in school; and (4) to involve parents in the educational options and choices of their children. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``evaluating agency'' means any academic institution, consortium of professionals, or private or nonprofit organization, with demonstrated experience in conducting evaluations, that is not an agency or instrumentality of the Federal Government; (2) the term ``mentor school'' means a public elementary school or secondary school, or consortium of such schools, that-- (A)(i) in the case of a public elementary school or secondary school, receives funds under this Act; or (ii) in the case of a consortium of such schools, all of which receive funds under this Act; (B) develops a plan for, and provides access to-- (i) a school for boys; (ii) a school for girls; and (iii) a coeducational school; (C) gives parents the option of choosing to send their child to each school described in subparagraph (B); (D) admits students on the basis of a lottery, if more students apply for admission to a school described in clause (i) or (ii) of subparagraph (B) that can be accommodated; (E) operates, as part of the educational program of a school described in clause (i) or (ii) of subparagraph (B), a one-to-one mentoring program that-- (i) involves members from the community served by such school as volunteer mentors; (ii) pairs an adult member of such community with a student of the same gender as such member; and (iii) involves the collaboration of one or more community groups with experience in mentoring or other relationship development activities; and (F) operates in pursuit of improving achievement among all children based on a specific set of educational objectives determined by the local educational agency applying for a grant under this part, in conjunction with the mentor school advisory board established under section 3(d), and agreed to by the Secretary; (3) the term ``mentor school advisory board'' means an advisory board established in accordance with section 3(d); and (4) the term ``Secretary'' means the Secretary of Education. SEC. 3. PROGRAM AUTHORIZED. (a) Authority.-- (1) In general.--From amounts made available under section 7, the Secretary is authorized to award grants to not more than 100 local educational agencies for the planning and operation of one or more mentor schools. (2) Eligible local educational agencies.--The Secretary shall only award a grant under paragraph (1) to a local educational agency that-- (A) receives funds under section 1124A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6334); and (B) is among the 20 percent of local educational agencies receiving funds under section 1124A (20 U.S.C. 6334) of such Act in the State that have the highest number of children described in section 1124(c) (20 U.S.C. 6333(c)) of such Act. (b) Grant Periods.--Each grant under subsection (a) may be awarded for a period of not more than 5 years, of which a local educational agency may use not more than 1 year for planning and program development for a mentor school. (c) Limitation.--The Secretary shall not award more than 1 grant under this Act to support a particular mentor school. (d) Mentor School Advisory Board.--Each local educational agency receiving a grant under this Act shall establish a mentor school advisory board. Such advisory board shall be composed of school administrators, parents, teachers, local government officials and volunteers involved with a mentor school. Such advisory board shall assist the local educational agency in developing the application for assistance under section 4 and serve as an advisory board in the functioning of the mentor school. (e) Alternative Teaching Certificates.--Each local educational agency operating a mentor school under this Act is encouraged to employ teachers with alternative teaching certificates, including participants in the program assisted under section 1151 of title 10, United States Code (Troops to Teachers Program). SEC. 4. APPLICATIONS. (a) Applications Required.--Each local educational agency desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may reasonably require. (b) Application Contents.--Each application described in subsection (a) shall include-- (1) a description of the educational program to be implemented by the proposed mentor school, including-- (A) the grade levels or ages of children to be served; and (B) the curriculum and instructional practices to be used; (2) a description of the objectives of the local educational agency for the mentor school and a description of how such agency intends to monitor and study the progress of children participating in the mentor school; (3) a description of how the local educational agency intends to include in the mentor school administrators, teaching personnel, and role models from the private sector; (4) a description of how school administrators, parents, teachers, local government and volunteers will be involved in the design and implementation of the mentor school; (5) a description of the one-to-one mentoring program required by section 2(2)(E); (6) a description of how the local educational agency or the State, as appropriate, will provide for continued operation of the mentor school once the Federal grant has expired, if such agency determines that such school is successful; (7) a description of how the grant funds will be used; (8) a description of how students in attendance at the mentor school, or in the community served by such school, will be-- (A) informed about such school; and (B) informed about the fact that admission to a school described in section 2(2)(B) is completely voluntary; (9) a description of how grant funds provided under this Act will be used in conjunction with funds provided to the local educational agency under any other program administered by the Secretary; (10) an assurance that the local educational agency will annually provide the Secretary such information as the Secretary may require to determine if the mentor school is making satisfactory progress toward achieving the objectives described in paragraph (2); (11) an assurance that the local educational agency will cooperate with the Secretary in evaluating the program authorized by this Act; (12) an assurance that resources provided under this Act shall be used equally for schools for boys and for schools for girls; (13) an assurance that the activities assisted under this Act will not have an adverse affect, on either sex, that is caused by-- (A) the quality of facilities for boys and for girls; (B) the nature of the curriculum for boys and for girls; (C) program activities for boys and for girls; and (D) instruction for boys and for girls; and (14) such other information and assurances as the Secretary may require. SEC. 5. SELECTION OF GRANTEES. The Secretary shall award grants under this Act on the basis of the quality of the applications submitted under section 4, taking into consideration such factors as-- (1) the quality of the proposed curriculum and instructional practices for the mentor school; (2) the organizational structure and management of the mentor school; (3) the quality of the plan for assessing the progress made by students served by a mentor school over the period of the grant; (4) the extent of community support for the application; (5) the likelihood that the mentor school will meet the objectives of such school and improve educational results for students; and (6) the assurances submitted pursuant to section 4(b)(13). SEC. 6. EVALUATION. (a) In General.--From the amount appropriated under section 7 for each fiscal year, the Secretary shall make available to the Comptroller General 1 percent of such amount to enable the Comptroller General to enter into a contract with an evaluating agency for the evaluation of the mentor schools program under this Act. Such evaluation shall measure the academic competence and social development of students attending mentor schools, including school attendance levels, student achievement levels, drop out rates, college admissions, incidences of teenage pregnancy, and incidences of incarceration. (b) Report.--The evaluating agency entering into the contract described in subsection (a) shall submit a report to the Congress not later than September 30, 2002, regarding the results of the evaluation conducted in accordance with such subsection. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $300,000,000 for fiscal year 1996 and such sums as may be necessary for each of the fiscal years 1997, 1998, 1999, and 2000 to carry out this Act. (b) Availability.--Funds appropriated under subsection (a) shall remain available until expended.", "summary": "Mentor Schools Act - Authorizes the Secretary of Education to award grants to not more than 100 eligible local educational agencies for the planning and operation of one or more mentor schools. Prohibits the Secretary from awarding more than one such grant to support a particular mentor school. Requires each local educational agency receiving such a grant to establish a mentor school advisory board. Encourages each local educational agency operating such a mentor school to employ teachers with alternative teaching certificates, including participants in the Troops to Teachers Program. Sets forth requirements for: (1) applications; (2) selection of grantees; and (3) non-Federal evaluating agencies' evaluations and reports (in contract with the Comptroller General). Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Overtime Reform and Review Act''. SEC. 2. INCREMENTAL INCREASES TO SALARY THRESHOLD. (a) In General.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended-- (1) in subsection (a)(1), by inserting ``subsection (k) and'' after ``subject to''; and (2) by adding at the end the following: ``(k) Requirements for Salary Threshold.-- ``(1) In general.--In promulgating regulations for purposes of defining and delimiting the terms defining employees exempt under subsection (a)(1), the Secretary shall require that any employee exempt under such subsection is compensated at a rate that is not less than the applicable salary threshold established under paragraph (2). ``(2) Incremental increases.-- ``(A) Initial threshold.--The Secretary shall establish an applicable salary threshold, beginning on December 1, 2016, that is a rate of compensation equal to $35,984 per year, or $692 per week. ``(B) Subsequent increases.--Notwithstanding subparagraph (A) and subject to paragraph (3), the applicable salary threshold established under subparagraph (A) may be increased to a rate of compensation that is equal to-- ``(i) beginning on December 1, 2018, $39,780 per year or $765 per week; ``(ii) beginning on December 1, 2019, $43,628 per year or $839 per week; ``(iii) beginning on December 1, 2020, $47,476 per year or $913 per week; and ``(iv) beginning on December 1, 2021, any rate of compensation provided by the Secretary in accordance with paragraph (4) and subsection (l). ``(3) Requirements for increases.--With respect to nonprofit organizations (including nonprofit institutions of higher education), Medicare or Medicaid dependent health care providers, and State and local governments, the increases provided in clauses (i), (ii), and (iii) of paragraph (2)(B) shall occur only if-- ``(A) the Comptroller General of the United States conducts and submits the study under section 3 of the Overtime Reform and Review Act in accordance with that section; and ``(B) not later than June 1, 2018, the Comptroller General, in coordination with the Secretary and the Chief Counsel for Advocacy of the Small Business Administration, certifies that the increase in the salary threshold under paragraph (2)(A) from the salary threshold in effect prior to December 1, 2016, has not-- ``(i) resulted in an increased rate of part-time employment; or ``(ii) negatively impacted workplace flexibility, benefit structures, career advancement opportunity, or job growth. ``(4) Salary threshold after december 1, 2021.--Not prior to December 1, 2021, the Secretary may issue a rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code, to change the rate of compensation for the applicable salary threshold under paragraph (2). ``(5) Rule of construction.--Nothing in this subsection shall require the Secretary to promulgate the regulations described in this subsection in accordance with the formal rulemaking provisions of sections 556 and 557 of title 5, United States Code.''. (b) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Medicare or Medicaid dependent health care provider' means an employer who derives more than 50 percent of its revenue from payments under the Medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), a State plan under the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.), or both.''. (c) Effective Date.--This section, and the amendments made by this section, shall take effect on December 1, 2016. SEC. 3. GAO STUDY. (a) In General.--Not later than March 1, 2018, the Comptroller General of the United States shall conduct, and submit in accordance with subsection (c), a study on the implementation of the salary threshold provided under section 13(k)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(k)(2)(A)). (b) Contents.--The study under this section shall include each of the following: (1) The number of small entities affected by the increase in the salary threshold provided under section 13(k)(2)(A) of the Fair Labor Standards Act of 1938 compared to the salary threshold in effect prior to December 1, 2016. (2) An analysis of the impact of such increase based on regional, State, metropolitan, and nonmetropolitan salary data and cost-of-living differences. (3) The percentile of full-time salaried workers affected by such increase, including disaggregation by-- (A) State; (B) industry subsector; (C) small organizations; (D) small government jurisdictions; (E) nonprofit organizations; (F) institutions of higher education as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (G) Medicare or Medicaid dependent health care providers, as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); and (H) small businesses. (4) Management and human resource costs for all employers in implementing such increase. (5) The impact of the increase on lower-wage industries, including by geographic area. (6) All nonfinancial costs associated with the increase, including the impact on employment (including rates of unemployment and part-time employment), workplace flexibility, employee benefit structures, career advancement opportunity, new business formation and termination, and loss of market share to foreign competition. (7) The impact of the increase on the number of individuals in the United States who are ``marginally attached'' or ``discouraged'' as defined by the Bureau of Labor Statistics. (c) Submission.--The study under this section shall be submitted to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives. SEC. 4. ENFORCEMENT OF DEPARTMENT OF LABOR RULE. (a) In General.--Beginning on the date of enactment of this Act, or December 1, 2016, whichever date is earlier-- (1) the rule submitted by the Department of Labor entitled ``Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees'' (81 Fed. Reg. 32391 (May 23, 2016)) shall cease to have any force or effect; (2) the Secretary of Labor shall not enforce such rule based on conduct occurring before or after such date; (3) an employee shall not have any right of action against an employer for the employer's failure to comply with such rule at any time prior to or after such date; and (4) any regulations that were amended by such rule shall be restored and revived as if such rule had never taken effect. (b) Clarification.--Notwithstanding subsection (a), nothing in this Act shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee prior to the date of enactment of this Act, or December 1, 2016, whichever date is earlier, that were in compliance with the rule described in subsection (a)(1). SEC. 5. FAIR LABOR STANDARDS ACT OF 1938 CLARIFICATION. (a) Sense of the Senate.--It is the sense of the Senate that section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), including as in effect on the day before the date of enactment of this Act-- (1) requires the Secretary of Labor to issue a new rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code, for each specific and enumerated change to the salary threshold provided in regulations promulgated under such section 13(a)(1), proposed by the Secretary of Labor; and (2) prohibits any rule that would result in a change to the salary threshold for which a specific and enumerated rate of compensation for the salary threshold was not proposed, including any procedure that automatically updates the salary threshold. (b) FLSA Amendment.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213), as amended by section 2, is further amended-- (1) in subsection (a)(1), by inserting ``in accordance with subsection (l)'' after ``regulations of the Secretary''; and (2) by adding at the end the following: ``(l) Requirements for Updating the Salary Threshold.-- ``(1) In general.--For any change to the salary threshold provided in regulations promulgated under subsection (a)(1), the Secretary shall-- ``(A) propose a specific and enumerated rate of compensation required for an employee to be exempt under such subsection; and ``(B) issue a rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code. ``(2) Prohibition on automatic updates.--In accordance with paragraph (1), the Secretary may not issue any rule that would result in a change to the salary threshold provided in regulations promulgated under subsection (a)(1) based on any procedure that automatically updates the salary threshold without taking each action required under paragraph (1).''.", "summary": "Overtime Reform and Review Act This bill amends the Fair Labor Standards Act of 1938 (FLSA) with respect to exemptions from minimum wage and maximum hour requirements for executive, administrative, professional and outside sales employees to increase over a five-year period the salary threshold for such exemptions, beginning on December 1, 2016, with a subsequent increase on December 1, 2018, and each December 1 through 2021. The Government Accountability Office shall conduct, and submit to Congress, a study of the implementation of the 2016 initial salary threshold. The rule submitted by the Department of Labor entitled "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees" shall cease to have any force or effect. This bill amends the FLSA, with respect to requirements for updating the salary threshold, to direct Labor, for any change to the salary threshold, to: (1) propose a specific and enumerated rate of compensation required for an employee to be exempt from minimum wage and maximum hour requirements, and (2) issue a rule through notice and comment rulemaking."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Administration and Improvement Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Former ninth circuit.--The term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act. (2) New ninth circuit.--The term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3. (3) Twelfth circuit.--The term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3. SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ California, Hawaii, Oregon, Washington, Guam, Northern Mariana Islands.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Alaska, Arizona, Idaho, Montana, Nevada.''. SEC. 4. NUMBER OF CIRCUIT JUDGES. The table contained in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth......................................................... 21''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth....................................................... 8''. SEC. 5. PLACES OF CIRCUIT COURT. The table contained in section 48(a) of title 28, United States Code, is amended by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Las Vegas, Phoenix, Anchorage, Missoula.''. SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES. (a) In General.--Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act-- (1) is in California, Oregon, Washington, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of such effective date; and (2) subject to subsection (b), is in Alaska, Arizona, Idaho, Montana, or Nevada, shall be a circuit judge of the twelfth circuit as of such effective date. (b) Election by Certain Circuit Judges.--A circuit judge in regular active service as described in subsection (a)(2) may elect to be permanently assigned to the new ninth circuit as of such effective date by notifying the Director of the Administrative Office of the United States Courts of such election. (c) Vacancies.--For each individual serving in the position of circuit judge of the former ninth circuit whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, after the date on which such individual ceases to serve as a circuit judge, the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, without regard to whether such individual makes an election described in subsection (b). SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit, whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, may elect to be assigned to the new ninth circuit or the twelfth circuit as of such effective date and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS. (a) In General.--For each circuit judge in regular active service who elects to be assigned to the new ninth circuit under section 6(b), the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, resident in the duty station of the circuit judge making the election as of the day before the effective date of this Act. (b) Vacancies.--For each appointment made under subsection (a) for the twelfth circuit, an equal number of corresponding vacancies in the position of circuit judge for the twelfth circuit shall not be filled. SEC. 9. SENIORITY OF JUDGES. (a) In General.--The seniority of each judge-- (1) who elects to be assigned to the twelfth circuit under section 6(b); (2) who elects to be assigned to the new ninth circuit under section 6(b); or (3) who elects to be assigned to the twelfth circuit under section 7, shall run from the date of commission of such judge as a judge of the former ninth circuit. (b) Temporary Twelfth Circuit Judges.--The seniority of each judge appointed under section 8(a) shall run from the date of commission of such judge as a judge of the twelfth circuit. SEC. 10. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) Except as provided in paragraph (3), if the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect on the date on which such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) If a petition for rehearing en banc is pending on or after the effective date of this Act, the petition shall be considered by the court of appeals to which the petition would have been submitted had this Act been in full force and effect on the date on which the appeal or other proceeding was filed with the court of appeals. SEC. 11. ADMINISTRATION. (a) In General.--The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. (b) Administrative Termination.--The court described in subsection (a) shall cease to exist for administrative purposes 2 years after the effective date of this Act. SEC. 12. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for any judicial positions created by this Act or an amendment made by this Act.", "summary": "Judicial Administration and Improvement Act of 2016 [sic] This bill divides the U.S. Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit, to be composed of California, Hawaii, Oregon, Washington, Guam, and the Northern Mariana Islands; and (2) a newly established Twelfth Circuit, to be composed of Alaska, Arizona, Idaho, Montana, and Nevada. The bill designates locations where the new circuits are to hold regular sessions. The bill distributes active circuit judges of the former Ninth Circuit to the new circuits. Circuit judges and senior circuit judges currently stationed in Alaska, Arizona, Idaho, Montana, or Nevada may elect their circuit assignment. For each circuit judge in regular service who elects to be assigned to the new Ninth Circuit, the President shall appoint one additional circuit judge for the Twelfth Circuit."}
{"article": "SECTION 1. NOTICE OF HIGH CONCENTRATION OF PENSION ASSETS IN EMPLOYER SECURITIES. (a) In General.--Section 105 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025) in amended by adding at the end of the following new subsection: ``(e) Notice of High Concentration of Plan Assets In Employer Securities.-- ``(1) In general.--In the case of an individual account plan to which this subsection applies, if the percentage of assets in the individual account that consists of employer securities and employer real property exceeds 50 percent of the total account, the plan administrator shall include with the account statement a notice that the account may be overinvested in employer securities and employer real property. Any determination under this paragraph shall be made as of the most recent valuation date under the plan. ``(2) Exclusion of assets held through pooled investment vehicles.--Employer securities and employer real property held through an investment option of the plan which is not designed to invest primarily in employer securities or employer real property shall not be taken under paragraph (1) is determining the percentage of assets that consist of employer securities and employer real property. ``(3) Application.-- ``(A) In general.--This subsection shall apply to any individual account plan which-- ``(i) holds employer securities which are readily tradable on an established securities market, and ``(ii) permits a participant or beneficiary to exercise control over assets in the individual's account. ``(B) Exception for esops.--This subsection shall not apply to an employee stock ownership plan (as defined in section 4795(e)(7)) of the Internal Revenue Code of 1986) if the plan has no contributions which are subject to section 401 (k) or (m) of such Code. ``(4) Employer securities and real property.--For purposes of this subsection, the terms `employer securities' and `employer real property' have the meanings given such terms by paragraphs (1) and (2) of section 407(d), respectively.'' (b) Penalty.--Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended-- (1) in subsection (a)(6), by striking ``(6), or (7)'' and inserting ``(6), (7), or (8)'', (2) by redesignating paragraph (8) of subsection (c) as paragraph (9), and (3) by inserting after paragraph (7) the following new paragraph: ``(8) The Secretary may assess a civil penalty against a plan administrator of up to $100 a day from the date of the plan administrator's failure or refusal to provide notice to participants and beneficiaries in accordance with section 105(e). For purposes of this paragraph, each violation with respect to any single participant or beneficiary shall be treated as a separate violation.'' (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2002. SEC. 2. TREATMENT OF QUALIFIED RETIREMENT PLANNING SERVICES. (a) In General.--Subsection (m) of section 132 of the Internal Revenue Code of 1986 (defining qualified retirement services) is amended by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively, and by inserting after paragraph (1) the following: ``(2) Limitations.-- ``(A) Dollar limitation.--The aggregate amount which may be excluded with respect to qualified retirement planning services provided to any individual during a taxable year shall not exceed $1,500. ``(B) Adjusted gross income.--No amount may be excluded with respect to qualified retirement planning services provided during a taxable year if the modified adjusted gross income of the taxpayer for such taxable year exceeds $100,000 ($200,000 in the case of married individuals filing a joint return). For purposes of this subparagraph, the term `modified adjusted gross income' means adjusted gross income, determined without regard to this section and sections 911, 931, and 933. ``(3) Cash reimbursements.--For purposes of this subsection the term `qualified retirement planning services' includes a cash reimbursement by an employer to an employee for a benefit described in paragraph (1). ``(4) No constructive receipt.--No amount shall be included in the gross income of any employee solely because the employee may choose between any qualified retirement planning services provided by a qualified investment advisor and compensation which would otherwise be includible in the gross income of such employee. The preceding sentence shall apply to highly compensated employees only if the choice described in such sentence is available on substantially the same terms to each member of the group of employees normally provided education and information regarding the employer's qualified employer plan.'' (b) Conforming Amendments.-- (1) Section 403(b)(3)(B) of such Code is amended by inserting ``132(m)(4),'' after ``132(f)(4),''. (2) Section 414(s)(2) of such Code is amended by inserting ``132(m)(4),'' after ``132(f)(4),''. (3) Section 415(c)(3)(D)(ii) of such Code is amended by inserting ``132(m)(4),'' after ``132(f)(4),''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2002.", "summary": "Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for information and advice to assist pension plan participants in making decisions regarding the investment of their pension plan assets under defined contribution plans that are individual account plans (IAPs) (401(k) and similar plans) which hold regularly tradable employment securities and permit participants or beneficiaries to exercise control over assets in the account.Requires the plan administrator to include in the account statement a notice that the account may be overinvested in employer securities and real property, whenever assets consisting of employer securities and real property exceed 50 percent of total IAP assets. Excludes from such notice requirement: (1) assets held through pooled investment vehicles; and (2) employee stock ownership plans (ESOPs) that have no contributions subject to section 401 (k) or (m) of the Internal Revenue Code (IRC).Amends IRC to limit to$1,500 the aggregate amount which may be excluded from gross income with respect to qualified retirement planning services (QRPS) provided to any individual during a taxable year. Prohibits exclusion of any such amount if the modified adjusted gross income of the taxpayer exceeds $100,000 ($200,000 for married individuals filing a joint return). Provides that no amount (constructive receipt) shall be included in the gross income of any employee solely because the employee may choose between any QRPS provided by a qualified investment advisor, and compensation which would otherwise be includible in the employee's gross income. Applies such provision to highly compensated employees only if such choice is available on substantially the same terms to each member of the group of employees normally provided education and information regarding the employer's qualified employer plan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Know Before You Owe Private Education Loan Act of 2016''. SEC. 2. AMENDMENTS TO THE TRUTH IN LENDING ACT. (a) In General.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended-- (1) by striking paragraph (3) and inserting the following: ``(3) Institutional certification required.-- ``(A) In general.--Except as provided in subparagraph (B), before a creditor may issue any funds with respect to an extension of credit described in this subsection, the creditor shall obtain from the relevant institution of higher education where such loan is to be used for a student, such institution's certification of-- ``(i) the enrollment status of the student; ``(ii) the student's cost of attendance at the institution as determined by the institution under part F of title IV of the Higher Education Act of 1965; and ``(iii) the difference between-- ``(I) such cost of attendance; and ``(II) the student's estimated financial assistance, including such assistance received under title IV of the Higher Education Act of 1965 and other financial assistance known to the institution, as applicable. ``(B) Exception.--Notwithstanding subparagraph (A), a creditor may issue funds with respect to an extension of credit described in this subsection without obtaining from the relevant institution of higher education such institution's certification if such institution fails to provide within 15 business days of the creditor's request for such certification-- ``(i) the requested certification; or ``(ii) notification that the institution has received the request for certification and will need additional time to comply with the certification request. ``(C) Loans disbursed without certification.--If a creditor issues funds without obtaining a certification, as described in subparagraph (B), such creditor shall report the issuance of such funds in a manner determined by the Director of the Bureau of Consumer Financial Protection.''; (2) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (3) by inserting after paragraph (8) the following: ``(9) Provision of information.-- ``(A) Provision of information to students.-- ``(i) Loan statement.--A creditor that issues any funds with respect to an extension of credit described in this subsection shall send loan statements, where such loan is to be used for a student, to borrowers of such funds not less than once every 3 months during the time that such student is enrolled at an institution of higher education. ``(ii) Contents of loan statement.--Each statement described in clause (i) shall-- ``(I) report the borrower's total remaining debt to the creditor, including accrued but unpaid interest and capitalized interest; ``(II) report any debt increases since the last statement; and ``(III) list the current interest rate for each loan. ``(B) Notification of loans disbursed without certification.--On or before the date a creditor issues any funds with respect to an extension of credit described in this subsection, the creditor shall notify the relevant institution of higher education, in writing, of the amount of the extension of credit and the student on whose behalf credit is extended. The form of such written notification shall be subject to the regulations of the Bureau. ``(C) Annual report.--A creditor that issues funds with respect to an extension of credit described in this subsection shall prepare and submit an annual report to the Bureau containing the required information about private student loans to be determined by the Bureau, in consultation with the Secretary of Education.''. (b) Definition of Private Education Loan.--Section 140(a)(7)(A) of the Truth in Lending Act (15 U.S.C. 1650(a)(7)(A)) is amended-- (1) by redesignating clause (ii) as clause (iii); (2) in clause (i), by striking ``and'' after the semicolon; and (3) by adding after clause (i) the following: ``(ii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act (42 U.S.C. 292 et seq. and 296 et seq.); and''. (c) Regulations.--Not later than 365 days after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall issue regulations in final form to implement paragraphs (3) and (9) of section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)), as amended by subsection (a). Such regulations shall become effective not later than 6 months after their date of issuance. SEC. 3. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965. (a) Amendment to the Higher Education Act of 1965.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by striking paragraph (28) and inserting the following: ``(28)(A) The institution shall-- ``(i) upon the request of a private educational lender, acting in connection with an application initiated by a borrower for a private education loan in accordance with section 128(e)(3) of the Truth in Lending Act, provide certification to such private educational lender-- ``(I) that the student who initiated the application for the private education loan, or on whose behalf the application was initiated, is enrolled or is scheduled to enroll at the institution; ``(II) of such student's cost of attendance at the institution as determined under part F of this title; and ``(III) of the difference between-- ``(aa) the cost of attendance at the institution; and ``(bb) the student's estimated financial assistance received under this title and other assistance known to the institution, as applicable; and ``(ii) provide the certification described in clause (i), or notify the creditor that the institution has received the request for certification and will need additional time to comply with the certification request-- ``(I) within 15 business days of receipt of such certification request; and ``(II) only after the institution has completed the activities described in subparagraph (B). ``(B) The institution shall, upon receipt of a certification request described in subparagraph (A)(i), and prior to providing such certification-- ``(i) determine whether the student who initiated the application for the private education loan, or on whose behalf the application was initiated, has applied for and exhausted the Federal financial assistance available to such student under this title and inform the student accordingly; and ``(ii) provide the borrower whose loan application has prompted the certification request by a private education lender, as described in subparagraph (A)(i), with the following information and disclosures: ``(I) The amount of additional Federal student assistance for which the borrower is eligible and the potential advantages of Federal loans under this title, including disclosure of the fixed interest rates, deferments, flexible repayment options, loan forgiveness programs, and additional protections, and the higher student loan limits for dependent students whose parents are not eligible for a Federal Direct PLUS Loan. ``(II) The borrower's ability to select a private educational lender of the borrower's choice. ``(III) The impact of a proposed private education loan on the borrower's potential eligibility for other financial assistance, including Federal financial assistance under this title. ``(IV) The borrower's right to accept or reject a private education loan within the 30- day period following a private educational lender's approval of a borrower's application and about a borrower's 3-day right to cancel period. ``(C) For purposes of this paragraph, the terms `private educational lender' and `private education loan' have the meanings given such terms in section 140 of the Truth in Lending Act (15 U.S.C. 1650).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the effective date of the regulations described in section 2(c). SEC. 4. REPORT. Not later than 24 months after the issuance of regulations under section 2(c), the Director of the Bureau of Consumer Financial Protection and the Secretary of Education shall jointly submit to Congress a report on the compliance of institutions of higher education and private educational lenders with section 128(e)(3) of the Truth in Lending Act (15 U.S.C. 1638(e)), as amended by section 2, and section 487(a)(28) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as amended by section 3. Such report shall include information about the degree to which specific institutions utilize certifications in effectively encouraging the exhaustion of Federal student loan eligibility and lowering student private education loan debt.", "summary": "Know Before You Owe Private Student Loan Act of 2016 This bill amends the Truth in Lending Act to revise requirements for disclosures in private education loan applications. Before issuing a private education loan for a student attending an institution of higher education (IHE), lenders must obtain the IHE's certification of the student's enrollment status, the student's cost of attendance, and the difference between that cost and the student's estimated financial assistance. Lenders must: (1) send loan statements to borrowers at least once every three months a student is enrolled at an IHE, (2) notify the relevant IHE of the loan amount and the student to whom it applies no later than the date funds are issued, and (3) submit an annual report to the Consumer Financial Protection Bureau (CFPB) containing information the CFPB requires concerning private student loans. This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 by requiring IHEs, before providing lenders with certifications, to determine whether students have exhausted their options for title IV assistance and notify borrowers of: (1) the availability of federal financial aid assistance, (2) their ability to choose their own private educational lender, (3) the impact of the proposed private education loan on their eligibility for other financial assistance, and (4) their right to accept or reject a private education loan within 30 days of the lender's approval of their application and to cancel the loan within 3 business days of its consummation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``End Trafficking in Government Contracting Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. (2) Subcontractor.--The term ``subcontractor'' means a recipient of a contract at any tier under a grant, contract, or cooperative agreement. (3) Subgrantee.--The term ``subgrantee'' means a recipient of a grant at any tier under a grant or cooperative agreement. (4) United states.--The term ``United States'' has the meaning provided in section 103(12) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(12)). SEC. 3. CONTRACTING REQUIREMENTS. Section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)) is amended by striking ``if the grantee or any subgrantee,'' and all that follows through the period at the end and inserting the following: ``or take any of the other remedial actions authorized under section 5(c) of the End Trafficking in Government Contracting Act of 2012, if the grantee or any subgrantee, or the contractor or any subcontractor, engages in, or uses labor recruiters, brokers, or other agents who engage in, (i) severe forms of trafficking in persons, (ii) the procurement of a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect, (iii) the use of forced labor in the performance of the grant, contract, or cooperative agreement, or (iv) acts that directly support or advance trafficking in persons, including the following acts: ``(1) Destroying, concealing, removing, or confiscating an employee's immigration documents without the employee's consent. ``(2) Failing to repatriate an employee upon the end of employment, unless-- ``(A) exempted from the duty to repatriate the employee by the Federal department or agency providing or entering into the grant, contract, or cooperative agreement; or ``(B) the employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action. ``(3) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment. ``(4) Charging recruited employees exorbitant placement fees, including fees equal to or greater than the employee's monthly salary, or recruitment fees that violate the laws of the country from which an employee is recruited. ``(5) Providing inhumane living conditions.''. SEC. 4. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT. (a) Requirement.--The head of an executive agency may not provide or enter into a grant, contract, or cooperative agreement valued at $1,000,000 or more if performance will predominantly be conducted overseas, unless a duly designated representative of the recipient of such grant, contract, or cooperative agreement certifies to the contracting or grant officer prior to receiving an award and on an annual basis thereafter, after having conducted due diligence, that-- (1) the recipient has implemented a plan to prevent the activities described in section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3, and is in compliance with that plan; (2) the recipient has implemented procedures to prevent any activities described in such section 106(g) and to monitor, detect, and terminate any subcontractor, subgrantee, or employee of the recipient found to be engaged in any activities described in such section; and (3) to the best of the representative's knowledge, neither the recipient, nor any subcontractor or subgrantee of the recipient or any agent of the recipient or of such a subcontractor or subgrantee, is engaged in any of the activities described in such section. (b) Limitation.--Any plan or procedures implemented pursuant to subsection (a) shall be appropriate to the size and complexity of the grant, contract, or cooperative agreement and to the nature and scope of its activities, including the number of non-United States citizens expected to be employed. (c) Disclosure.--The recipient shall provide a copy of the plan to the contracting or grant officer upon request, and, as appropriate, shall post the useful and relevant contents of the plan or related materials on its website and at the workplace. (d) Performance Predominately Overseas.--For purposes of subsection (a), a grant, contract, or cooperative agreement shall be considered to be performed predominantly overseas if the estimated value of the services required to be performed under the grant, contract, or cooperative agreement outside the United States exceeds $500,000. SEC. 5. MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS. (a) Investigation.--If the contracting or grant officer of an executive agency for a grant, contract, or cooperative agreement receives credible evidence that a recipient of the grant, contract, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of such a subgrantee or subcontractor, has engaged in an activity described in section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3, including a report from a contracting officer representative, an inspector general, an auditor, an alleged victim or victim's representative, or any other credible source, the contracting or grant officer shall, before exercising any option to renew such grant, contract, or cooperative agreement, request that the agency's Office of Inspector General immediately initiate an investigation of the allegation or allegations contained in the report. If the agency's Office of Inspector General is unable to conduct a timely investigation, the suspension and debarment office or another investigative unit of the agency shall conduct the investigation. (b) Report.--Upon completion of an investigation under subsection (a), the office or unit that conducted the investigation shall submit to the contracting or grant officer and, if such investigation was not conducted by the agency's Office of Inspector General, to the agency's Office of Inspector General, a report on the investigation, including conclusions about whether credible evidence exists that the recipient of a grant, contract, or cooperative agreement; any subcontractor or subgrantee of the recipient; or any agent of the recipient or of such a subcontractor or subgrantee, engaged in any of the activities described in section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3. (c) Remedial Actions.-- (1) In general.--If a contracting or grant official determines that a recipient of a grant, contract, or cooperative agreement, or any subcontractor or subgrantee of the recipient, has engaged in any of the activities described in such section 106(g), the contracting or grant officer shall consider taking one or more of the following remedial actions: (A) Requiring the recipient to remove an employee from the performance of work under the grant, contract, or cooperative agreement. (B) Requiring the recipient to terminate a subcontract or subgrant. (C) Suspending payments under the grant, contract, or cooperative agreement. (D) Withholding award fees, consistent with the award fee plan, for the performance period in which the agency determined the contractor or subcontractor engaged in any of the activities described in such section 106(g). (E) Declining to exercise available options under the contract. (F) Terminating the contract for default or cause, in accordance with the termination clause for the contract. (G) Referring the matter to the agency suspension and debarment official. (H) Referring the matter to the Department of Justice for prosecution under any applicable law. (2) Savings clause.--Nothing in this subsection shall be construed as limiting the scope of applicable remedies available to the Federal Government. (3) Mitigating factor.--Where applicable, the contracting or grant official may consider whether the contractor or grantee had a plan in place under section 4, and was in compliance with that plan at the time of the violation, as a mitigating factor in determining which remedies, if any, should apply. (d) Inclusion of Report Conclusions in FAPIIS.--The contracting or grant officer shall ensure that relevant findings contained in the report under subsection (b) are included in the Federal Awardee Performance and Integrity Information System (FAPIIS). These findings shall be considered relevant past performance data for the purpose of awarding future contracts, grants, or cooperative agreements. SEC. 6. NOTIFICATION TO INSPECTORS GENERAL AND COOPERATION WITH GOVERNMENT. The head of an executive agency making or awarding a grant, contract, or cooperative agreement shall require that the recipient of the grant, contract, or cooperative agreement-- (1) immediately inform the Inspector General of the executive agency of any information it receives from any source that alleges credible evidence that the recipient; any subcontractor or subgrantee of the recipient; or any agent of the recipient or of such a subcontractor or subgrantee, has engaged in conduct described in section 106(g) of the Trafficking in Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3 of this Act; and (2) fully cooperate with any Federal agencies responsible for audits, investigations, or corrective actions relating to trafficking in persons. SEC. 7. EXPANSION OF FRAUD IN FOREIGN LABOR CONTRACTING TO INCLUDE WORK OUTSIDE THE UNITED STATES. Section 1351 of title 18, United States Code, is amended-- (1) by striking ``Whoever knowingly'' and inserting ``(a) Work Inside the United States.--Whoever knowingly''; and (2) by adding at the end the following new subsection: ``(b) Work Outside the United States.--Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of work performed on a United States Government contract performed outside the United States, or on a United States military installation or mission or other property or premises owned or controlled by the United States Government, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment, shall be fined under this title or imprisoned for not more than 5 years, or both.''. SEC. 8. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY FOR REPORTING TRAFFICKING IN PERSONS CLAIMS AND VIOLATIONS. Section 105(d)(7)(H) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)(H)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) by redesignating clause (iii) as clause (iv); (3) by inserting after clause (ii) the following new clause: ``(iii) all known trafficking in persons cases reported to the Under Secretary of Defense for Personnel and Readiness;''; (4) in clause (iv), as redesignated by paragraph (2), by inserting ``and'' at the end after the semicolon; and (5) by adding at the end the following new clause: ``(v) all trafficking in persons activities of contractors reported to the Under Secretary of Defense for Acquisition, Technology, and Logistics;''. SEC. 9. RULE OF CONSTRUCTION. Excluding section 7, nothing in this Act shall be construed to supersede, enlarge, or diminish the common law or statutory liabilities of any grantee, subgrantee, contractor, subcontractor, or other party covered by section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3.", "summary": "End Trafficking in Government Contracting Act of 2012 - Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to repatriate such employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees exorbitant placement fees, or (5) provide inhumane living conditions. Requires the Interagency Task Force to Monitor and Combat Trafficking to monitor all known cases and activities involving trafficking in persons that are reported to certain officials of the Department of Defense (DOD). Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at $1 million or more if performance will predominantly be conducted overseas unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons. Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to request the agency's Inspector General to investigate allegations of trafficking and to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement. Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States, or attempts to do so, to work on on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare HMO Protection Act of 1998''. SEC. 2. AUTHORITY TO EVALUATE AND ALTER TERMINATION DECISIONS. Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w- 21(g)(3)) is amended by adding at the end the following: ``(E) Authority to delay termination date.-- ``(i) In general.--If a Medicare+Choice organization terminates a plan under subparagraph (B)(iii), the Secretary may delay the effectiveness of such termination if the Secretary determines that-- ``(I) the termination would cause an imminent and serious risk to the health of individuals enrolled under the plan under this part; ``(II) the termination would result in a significant reduction in the Medicare+Choice plans that are available in the area affected by the termination; or ``(III) the organization terminating coverage is offering Medicare+Choice plans in contract areas that are in close proximity to the area affected by the termination without suffering considerable financial losses. In making the determination described in subclause (III), the Secretary may audit and inspect any books or records of the organization pursuant to the authority provided to the Secretary under section 1857(d). ``(ii) End of delay.--The Secretary may end a delay under clause (i), prior to the end of the period established by the Secretary under such clause, if the Secretary determines that an adequate provider network has been established which will provide at least an equal level of insurance coverage as existed in the area affected by the termination on the date the Medicare+Choice organization informed the Secretary of its intention to terminate the contract. ``(F) Authority to renegotiate contract.--If the Secretary delays the effectiveness of a termination for a period pursuant to subparagraph (E), the Secretary and the Medicare+Choice organization terminating coverage pursuant to subparagraph (B)(iii) may negotiate during such period for a new contract under section 1857 which will enable such organization to continue such coverage. In negotiating such contract, the Secretary shall ensure that beneficiaries are not adversely affected by such contract.''. SEC. 3. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3 YEARS. (a) In General.--Section 1857(c)(1) of the Social Security Act (42 U.S.C. 1395w-27(c)(1)) is amended by striking ``a term of at least 1 year'' and inserting ``a term of at least 3 years''. (b) Effective Date.--The amendment made by subsection (a) applies to contracts entered into on or after the date of enactment of this Act. SEC. 4. NOTICE OF TERMINATION. (a) In General.--Section 1857(d)(3) of the Social Security Act (42 U.S.C. 1395w-27(d)(3)) is amended to read as follows: ``(3) Enrollee notice at time of termination.-- ``(A) In general.--Each contract under this section shall require the organization to provide (and pay for) written notice at least 120 days prior to the contract's termination, as well as a description of alternatives for obtaining benefits under this title, to each individual enrolled with the organization under this part. ``(B) Description.--The description of alternatives referred to in subparagraph (A) shall include a description of-- ``(i) all Medicare+Choice plans and medicare supplemental policies available in the area where the contract that is being terminated is serving beneficiaries and the costs of such plans and policies; and ``(ii) the telephone number of local social service agencies providing assistance to medicare beneficiaries in such area.''. (b) Effective Date.--The amendment made by subsection (a) applies to any notice of termination which is provided on or after the date of enactment of this Act.", "summary": "Medicare HMO Protection Act of 1998 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to delay the effectiveness of a Medicare+Choice organization's termination of its plan with respect to all individuals in an area, if: (1) the termination would cause an imminent and serious health risk to enrollees; (2) the termination would result in a significant reduction in the Medicare+Choice plans available in the area affected; or (3) the organization terminating coverage is offering Medicare+Choice plans in contract areas close to the area affected without suffering considerable financial losses. Amends Medicare part C with regard to contracts with Medicare+Choice organizations to provide for extension of the initial Medicare+Choice contract period from one year to three years and to revise certain requirements for notification of enrollees at the time of contract termination."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``APHIS Function Transfer Act''. SEC. 2. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE. (a) Definitions.--In this section: (1) Covered law.--The term ``covered law'' means-- (A) the first section of the Act of August 31, 1922 (7 U.S.C. 281); (B) title III of the Federal Seed Act (7 U.S.C. 1581 et seq.); (C) the Plant Protection Act (7 U.S.C. 7701 et seq.); (D) the Animal Health Protection Act (7 U.S.C. 8301 et seq.); (E) section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540). (F) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.); and (G) the eighth paragraph under the heading ``BUREAU OF ANIMAL INDUSTRY'' in the Act of March 4, 1913 (21 U.S.C. 151 et seq.) (commonly known as the ``Virus- Serum-Toxin Act''); (2) Function.--The term ``function'' does not include any quarantine activity carried out under a covered law. (b) Transfer.--There is transferred to the Secretary of Homeland Security the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under each covered law. (c) Effect of Transfer.-- (1) Compliance with department of agriculture regulations.--The authority transferred under subsection (b) shall be exercised by the Secretary of Homeland Security in accordance with the regulations, policies, and procedures issued by the Secretary of Agriculture regarding the administration of each applicable covered law. (2) Rulemaking coordination.--The Secretary of Agriculture shall coordinate with the Secretary of Homeland Security in any case in which the Secretary of Agriculture prescribes regulations, policies, or procedures for administering a covered law at-- (A) a port of entry to the United States; or (B) any other similar location, as determined by the Secretary of Agriculture. (3) Effective administration.--The Secretary of Homeland Security, in consultation with the Secretary of Agriculture, may issue such directives and guidelines as are necessary to ensure the effective use of personnel of the Department of Homeland Security to carry out the functions transferred under subsection (b). (d) Transfer Agreement.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the transfer of functions required by subsection (b). (2) Required terms.--The agreement required by this subsection shall specifically address-- (A) the supervision by the Secretary of Agriculture of the training of employees of the Secretary of Homeland Security to carry out the functions transferred under subsection (b); and (B) the transfer of funds to the Secretary of Homeland Security under subsection (e). (3) Revision.--After the date of execution of the agreement described in paragraph (1), the Secretary of Agriculture and the Secretary of Homeland Security may jointly revise the agreement, as necessary. (4) Cooperation and reciprocity.--The Secretary of Agriculture and the Secretary of Homeland Security may include as part of the agreement-- (A) authority under which the Secretary of Homeland Security may perform functions that-- (i) are delegated to the Animal and Plant Health Inspection Service of the Department of Agriculture regarding the protection of domestic livestock and plants; but (ii) are not transferred to the Secretary of Homeland Security under subsection (b); and (B) authority under which the Secretary of Agriculture may use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants. (e) Periodic Transfer of Funds to Department of Homeland Security.-- (1) Transfer of funds.--Subject to paragraph (2), out of any funds collected as fees under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a), the Secretary of Agriculture shall periodically transfer to the Secretary of Homeland Security, in accordance with the agreement under subsection (d), funds for activities carried out by the Secretary of Homeland Security for which the fees were collected. (2) Limitation.--The proportion of fees collected under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) that are transferred to the Secretary of Homeland Security under paragraph (1) may not exceed the proportion that-- (A) the costs incurred by the Secretary of Homeland Security to carry out activities funded by those fees; bears to (B) the costs incurred by the Federal Government to carry out activities funded by those fees. (f) Transfer of Department of Agriculture Employees.--In carrying out this section, the Secretary of Agriculture shall transfer to the Secretary of Homeland Security not more than 3,200 full-time equivalent positions of the Department of Agriculture. (g) Protection of Inspection Animals.-- (1) Definition of secretary concerned.--Title V of the Agricultural Risk Protection Act of 2000 is amended-- (A) by redesignating sections 501 and 502 (7 U.S.C. 2279e, 2279f) as sections 502 and 503, respectively; and (B) by inserting before section 502 (as redesignated by paragraph (1)) the following: ``SEC. 501. DEFINITION OF SECRETARY CONCERNED. ``In this title, the term `Secretary concerned' means-- ``(1) the Secretary of Agriculture, with respect to an animal used for purposes of official inspections by the Department of Agriculture; and ``(2) the Secretary of Homeland Security, with respect to an animal used for purposes of official inspections by the Department of Homeland Security.''. (2) Conforming amendments.-- (A) Section 502 of the Agricultural Risk Protection Act of 2000 (as redesignated by paragraph (1)(A)) is amended-- (i) in subsection (a)-- (I) by inserting ``or the Department of Homeland Security'' after ``Department of Agriculture''; and (II) by inserting ``or the Secretary of Homeland Security'' after ``Secretary of Agriculture''; and (ii) by striking ``Secretary'' each place it appears (other than in subsections (a) and (e)) and inserting ``Secretary concerned''. (B) Section 503 of the Agricultural Risk Protection Act of 2000 (as redesignated by paragraph (1)(A)) is amended by striking ``501'' each place it appears and inserting ``502''. SEC. 3. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, DEPARTMENT OF AGRICULTURE. (a) In General.--The Secretary of Agriculture shall transfer to the Secretary of Homeland Security the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center. (b) Continued Department of Agriculture Access.--On completion of the transfer of the Plum Island Animal Disease Center under subsection (a), the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure that the Secretary of Agriculture retains access to the Center for research, diagnostic, and other activities of the Department of Agriculture.", "summary": "APHIS Function Transfer Act - Transfers from the Secretary of Agriculture to the Secretary of Homeland Security: (1) specified agricultural import and entry inspection functions, personnel, and fees; and (2) Plum Island Animal Disease Center (retains Department of Agriculture access)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Focus on Children Act''. SEC. 2. STUDIES AND REPORTS OF THE CONGRESSIONAL BUDGET OFFICE RELATING TO THE IMPACT OF LEGISLATION ON SPENDING ON CHILDREN. Section 202(g) of the Congressional Budget Act of 1974 (2 U.S.C. 602(g)) is amended-- (1) in the heading, by inserting ``and Reports to Congress'' after ``Studies''; and (2) by adding at the end the following: ``(3) Spending on children studies and reports.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `budget of the President' means the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code; ``(ii) the term `child' means an individual under 19 years of age; ``(iii) the term `key indicator' includes information relating to the outlays described in subclause (I), (II), (III), or (IV) of clause (iv); and ``(iv) the term `spending on children' includes-- ``(I) outlays under an entitlement authority that go directly to children; ``(II) outlays for a Federal program or initiative that, consistent with the mission of the program or initiative, delivers services exclusively to children; ``(III) outlays for a Federal program or initiative that, while not serving children directly, has as a core mission goal the improvement of the health, education, welfare, or general well-being of children; and ``(IV) for a Federal program or initiative that delivers services to both children and adults, the portion of outlays under the program or initiative attributable to providing benefits for children, based on the best available data. ``(B) Studies.--At the request of the Chairman or Ranking Member of a committee of the Senate or the House of Representatives, the Director shall, to the extent practicable, conduct a study of a bill, joint resolution, amendment, amendment between the Houses, or conference report containing changes in spending on children. ``(C) Annual reports on spending.--Not later than 15 days after the last day of each fiscal year, the Director shall submit to Congress a report that includes-- ``(i) information and data regarding spending on children under appropriation Acts, including continuing resolutions, for that fiscal year; ``(ii) information and data regarding spending on children under an entitlement authority for that fiscal year; ``(iii) the share of Federal spending that constitutes spending on children under appropriation Acts, including continuing resolutions, for that fiscal year; and ``(iv) the share of Federal spending that constitutes spending on children under an entitlement authority for that fiscal year. ``(D) Annual reports on the budget of the president.--Not later than 15 days after the date on which the President submits to Congress the budget of the President for a fiscal year, the Director shall submit to Congress a report on the budget of the President that includes, for the prior fiscal year, the current fiscal year, the fiscal year for which the budget of the President is submitted, and the ensuing fiscal year-- ``(i) a summary of the total amount of the appropriations or new obligational authority and outlays requested for spending on children; ``(ii) an estimate of the level of spending on children; ``(iii) an estimate of the share of Federal spending that constitutes spending on children; and ``(iv) an estimate of the date on which Federal spending on children will be less than outlays for interest on the public debt. ``(E) Warning reports.-- ``(i) In general.--At the discretion of the Director, the Director may provide a warning report to Congress regarding a fiscal year in which outlays for interest on the public debt will exceed spending on children. ``(ii) Contents of warning reports.--The Director may include in a report issued under clause (i) a list of possible budgetary options that may be used by Congress in order to prevent such an imbalance between outlays for interest on the public debt and spending on children. ``(F) Open data and transparency.-- ``(i) In general.--The Director shall publish all of the reports and studies required under this paragraph in a publicly accessible format, including through-- ``(I) the dashboard described in clause (ii); and ``(II) the open data portal described in clause (iii). ``(ii) Dashboard.--The Director shall develop and maintain on an Internet website available to the public a tool (commonly referred to as a `dashboard') that-- ``(I) highlights the key indicators identified in the reports and studies required under this paragraph; and ``(II) uses visualization tools to assist the public in understanding trends in spending on children over periods of time. ``(iii) Open data portal.--The Director shall develop and maintain an Internet website available to the public that-- ``(I) provides raw quantitative data relating to spending on children contained in reports and studies required under this paragraph; ``(II) provides that data in a widely-accessible file format that allows the public to analyze the data; and ``(III) categorizes that data by budget account.''.", "summary": "Focus on Children Act This bill amends the Congressional Budget Act of 1974 to require the Congressional Budget Office (CBO) to produce studies and reports regarding federal spending on children. The CBO must provide: studies of legislation containing changes in spending on children, upon the request of a congressional committee; an annual report regarding spending on children; and an annual report on the President's budget request for spending on children. The CBO may provide a warning report to Congress regarding a fiscal year in which outlays for interest on the public debt will exceed spending on children. The CBO must also develop and maintain a public website that includes: the reports and studies required by this bill, a dashboard containing key indicators and visualization tools to assist the public in understanding trends in spending on children, and an open data portal that contains quantitative data on federal spending on children."}
{"article": "SECTION 1. PROTECTING OLDER, LONGER SERVICE PARTICIPANTS. (a) In General.--Paragraph (4) of section 401(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(4) Nondiscrimination.-- ``(A) In general.--A trust shall not constitute a qualified trust under this section unless the contributions or benefits provided under the plan do not discriminate in favor of highly compensated employees (within the meaning of section 414(q)). For purposes of this paragraph, there shall be excluded from consideration employees described in section 410(b)(3) (A) and (C). ``(B) Protection of older, longer service participants.-- ``(i)(I) A defined benefit plan described in subclause (II) shall not fail to satisfy this paragraph with respect to plan benefits, rights, or features by reason of-- ``(aa) the composition of the closed class of participants described in subclause (II), or ``(bb) the benefits, rights, or features provided to such closed class. ``(II) A plan is described in this subclause if-- ``(aa) the plan provides benefits, rights, or features to a closed class of participants, ``(bb) such closed class and such benefits, rights, and features satisfy the requirements of subparagraph (A) (without regard to this clause) as of the date that the class was closed, and ``(cc) after the date as of which the class was closed, any plan amendments that modify the closed class or the benefits, rights, and features provided to such closed class satisfy subparagraph (A) (without regard to this clause). If a plan amendment causes a plan to cease to be described in this subclause (II) by reason of subclause (II)(cc), the plan is nevertheless described in this subclause (II) if such plan satisfies this subclause (II) (without regard to subclause (II)(cc)) as of the effective date of such amendment. In such cases, subclause (II)(bb) and (cc) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the original date that the class was closed. ``(ii)(I) A defined contribution plan described in subclause (II) shall be permitted to be tested on a benefits basis. ``(II) A defined contribution plan is described in this subclause if-- ``(aa) the plan provides make-whole contributions to a closed class of participants whose defined benefit plan accruals have been reduced or eliminated, ``(bb) such closed class of participants satisfies section 410(b)(2)(A)(i) as of the date that the class of participants was closed, and ``(cc) after the date as of which the class was closed, any plan amendments that modify the closed class or the allocations, benefits, rights, and features provided to such closed class satisfy subparagraph (A) (without regard to this clause). If a plan amendment causes a plan to cease to be described in this subclause (II) by reason of subclause (II)(cc), the plan is nevertheless described in this subclause (II) if such plan satisfies this subclause (II) (without regard to subclause (II)(cc)) as of the effective date of such amendment. In such cases, subclause (II)(bb) and (cc) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the original date that the class was closed. ``(III) In addition to other testing methodologies otherwise applicable, for purposes of determining compliance with this paragraph and with section 410(b) of the portion of one or more defined contribution plans described in subclause (II) that provide make-whole contributions, such portion of such plans may be aggregated and tested on a benefits basis with the portion of one or more defined contribution plans that-- ``(aa) provides matching contributions (as defined in subsection (m)(4)(A)), or ``(bb) consists of an employee stock ownership plan within the meaning of section 4975(e)(7) or a tax credit employee stock ownership plan within the meaning of section 409(a). For such purposes, matching contributions shall be treated in the same manner as employer contributions that are made without regard to whether an employee makes an elective contribution or employee contribution, including for purposes of applying the rules of subsection (l). ``(C) Definitions.--For purposes of this paragraph-- ``(i) Make-whole contributions.--The term `make-whole contributions' means allocations for each employee in the class that are reasonably calculated, in a consistent manner, to replace some or all of the retirement benefits that the employee would have received under the defined benefit plan and any other plan or arrangement if the employee had continued to benefit at the same level under such defined benefit plan and such other plan or arrangement. ``(ii) References to closed class of participants.--References to a closed class of participants and similar references to a closed class shall include arrangements under which one or more classes of participants are closed. ``(D) Protecting grandfathered participants in defined benefit plans.-- ``(i) One or more defined benefit plans described in clause (ii) shall be permitted to be tested on a benefits basis with one or more defined contribution plans. ``(ii) A defined benefit plan is described in this clause if-- ``(I) the plan provides benefits to a closed class of participants, ``(II) the plan and such benefits satisfy the requirements of subparagraph (A) (without regard to this subparagraph) as of the date the class was closed, and ``(III) after the date as of which the class was closed, any plan amendments that modify the closed class or the benefits provided to such closed class satisfy subparagraph (A) (without regard to this subparagraph). If a plan amendment causes a plan to cease to be described in this clause (ii) by reason of subclause (III), the plan is nevertheless described in this clause (ii) if such plan satisfies this clause (ii) (without regard to subclause (III)) as of the effective date of such amendment. In such cases, subclauses (II) and (III) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the original date that the class was closed. ``(iii) In addition to other testing methodologies otherwise applicable, for purposes of determining compliance with this paragraph and with section 410(b) of one or more defined benefit plans described in clause (ii), such plans may be aggregated and tested on a benefits basis with the portion of one or more defined contribution plans that-- ``(I) provides matching contributions (as defined in subsection (m)(4)(A)), or ``(II) consists of an employee stock ownership plan within the meaning of section 4975(e)(7) or a tax credit employee stock ownership plan within the meaning of section 409(a). For such purposes, matching contributions shall be treated in the same manner as employer contributions that are made without regard to whether an employee makes an elective contribution or employee contribution, including for purposes of applying the rules of subsection (l). ``(E) Rules.--The Secretary may prescribe rules designed to prevent abuse of the plan designs otherwise permitted by reason of subparagraphs (B) and (D). Such rules shall be directed towards abuses under which the defined benefit plan was established within a specified period prior to the date that-- ``(i) the class of participants described in subparagraphs (B)(i)(II)(aa), (B)(ii)(II)(aa), and (D)(ii)(I) is closed, or ``(ii) the defined benefit plan accruals have been reduced or eliminated, in the case of the make-whole contributions described in subparagraph (C). ``(F) Transition rules.--Within one year after the date of enactment of the Retirement Plan Simplification and Enhancement Act of 2013, the Secretary shall prescribe rules that facilitate the use of the provisions of subparagraphs (B) and (D) without regard to-- ``(i) whether the closing of the class of participants referred to in such subparagraphs occurred before or after such date of enactment, or ``(ii) plan amendments that were adopted or effective before such date of enactment and that would not have been necessary if subparagraphs (B) and (D) had been in effect.''. (b) Participation Requirements.--Paragraph (26) of section 401(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(I) Protected participants.--A plan described in this subparagraph shall be deemed to satisfy the requirements of subparagraph (A). A plan is described in this paragraph if-- ``(i) the plan is amended to-- ``(I) cease all benefit accruals, or ``(II) provide future benefit accruals only to a closed class of participants, and ``(ii) the plan satisfies subparagraph (A) (without regard to this subparagraph) as of the effective date of the amendment. The Secretary may prescribe such rules as are necessary or appropriate to fulfill the purposes of this subparagraph, including prevention of abuse of this subparagraph in the case of plans established within a specific period prior to the effective date of the amendment.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, without regard to whether any plan modifications referenced in such amendments are adopted or effective before, on, or after such date of enactment.", "summary": "Amends the Internal Revenue Code, with respect to nondiscrimination requirements for tax-exempt employee pension, profit-sharing, and stock bonus plans, to include protections for older, longer service participants in such plans, including the grandfathering of such participants under defined benefit plans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``English Language Empowerment Act of 1996''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The United States is comprised of individuals and groups from diverse ethnic, cultural, and linguistic backgrounds. (2) The United States has benefited and continues to benefit from this rich diversity. (3) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been a common language. (4) In order to preserve unity in diversity, and to prevent division along linguistic lines, the Federal Government should maintain a language common to all people. (5) English has historically been the common language and the language of opportunity in the United States. (6) The purpose of this Act is to help immigrants better assimilate and take full advantage of economic and occupational opportunities in the United States. (7) By learning the English language, immigrants will be empowered with the language skills and literacy necessary to become responsible citizens and productive workers in the United States. (8) The use of a single common language in conducting official business of the Federal Government will promote efficiency and fairness to all people. (9) English should be recognized in law as the language of official business of the Federal Government. (10) Any monetary savings derived from the enactment of this Act should be used for the teaching of non-English speaking immigrants the English language. SEC. 3. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL GOVERNMENT. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE FEDERAL GOVERNMENT ``Sec. ``161. Declaration of official language of Federal Government. ``162. Preserving and enhancing the role of the official language. ``163. Official Federal Government activities in English. ``164. Standing. ``165. Reform of naturalization requirements. ``166. Rule of construction. ``167. Definitions. ``Sec. 161. Declaration of official language of Federal Government ``The official language of the Federal Government is English. ``Sec. 162. Preserving and enhancing the role of the official language ``The Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. ``Sec. 163. Official Federal Government activities in English ``(a) Conduct of Business.--The Federal Government shall conduct its official business in English. ``(b) Denial of Services.--No person shall be denied services, assistance, or facilities, directly or indirectly provided by the Federal Government solely because the person communicates in English. ``(c) Entitlement.--Every person in the United States is entitled-- ``(1) to communicate with the Federal Government in English; ``(2) to receive information from or contribute information to the Federal Government in English; and ``(3) to be informed of or be subject to official orders in English. ``Sec. 164. Standing ``A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 of title 28) obtain appropriate relief. ``Sec. 165. Reform of naturalization requirements ``(a) Fluency.--It has been the longstanding national belief that full citizenship in the United States requires fluency in English. English is the language of opportunity for all immigrants to take their rightful place in society in the United States. ``(b) Ceremonies.--All authorized officials shall conduct all naturalization ceremonies entirely in English. ``Sec. 166. Rule of construction ``Nothing in this chapter shall be construed-- ``(1) to prohibit a Member of Congress, an employee or official of the Federal Government, while performing official business, from communicating orally in a foreign language with another person. ``(2) to discriminate against or restrict the rights of any individual in the country; ``(3) to discourage or prevent the use of languages other than English in any nonofficial capacity; and ``(4) except where an existing Federal law directly contravenes the amendments made by such section (such as by requiring the use of a language other than English for official business of the Federal Government), to repeal existing Federal laws. ``Sec. 167. Definitions ``For purposes of this chapter: ``(1) Federal Government.--The term `Federal Government' means all branches of the Federal Government and all employees and officials of the Federal Government while performing official business. ``(2) Official business.--The term `official business' means governmental actions, documents, or policies which are enforceable with the full weight and authority of the Federal Government, and includes publications, income tax forms, informational materials, and the contents of franked mail (as described in section 3210 of title 39, United States Code), but does not include-- ``(A) teaching of foreign languages; ``(B) actions, documents, or policies necessary for international relations, trade, or commerce; ``(C) actions or documents that protect the public health and safety; ``(D) actions, documents, or policies that are not enforceable in the United States; ``(E) actions that protect the rights of victims of crimes or criminal defendants; or ``(F) documents that utilize terms of art or phrases from languages other than English.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Federal Government..................... 161''. SEC. 4. PREEMPTION. This Act (and the amendments made by this Act) shall not preempt any law of any State. SEC. 5. EFFECTIVE DATE. The amendments made by section 3 shall take effect upon the date of enactment of this Act, except that no suit may be commenced to enforce or determine rights under chapter 6 of title 4, United States Code, until the date that is 1 year after the date of the enactment of this Act.", "summary": "English Language Empowerment Act of 1996 - Declares English to be the official language of the U.S. Government. States that the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires the Federal Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Sets forth definitions for purposes of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Continuation Coverage Act of 2002''. SEC. 2. PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE. (a) Establishment.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Labor, shall establish a program under which premium assistance for COBRA continuation coverage shall be provided for qualified individuals under this section. (2) Qualified individuals.--For purposes of this section, a qualified individual is an individual who-- (A) establishes that the individual-- (i) on or after July 1, 2001, became entitled to elect COBRA continuation coverage; and (ii) has elected such coverage; and (B) enrolls in the premium assistance program under this section by not later than the end of such 1-year period. (b) Limitation of Period of Premium Assistance.--Premium assistance provided under this subsection shall end with respect to an individual on the earlier of-- (1) the date the individual is no longer covered under COBRA continuation coverage; or (2) 12 months after the date the individual is first enrolled in the premium assistance program established under this section. (c) Payment, and Crediting of Assistance.-- (1) Amount of assistance.--Premium assistance provided under this section shall be equal to 100 percent of the amount of the premium required for the COBRA continuation coverage. (2) Provision of assistance.--Premium assistance provided under this section shall be provided through the establishment of direct payment arrangements with the administrator of the group health plan (or other entity) that provides or administers the COBRA continuation coverage. It shall be a fiduciary duty of such administrator (or other entity) to enter into such arrangements under this section. (3) Premiums payable by qualified individual reduced by amount of assistance.--Premium assistance provided under this section shall be credited by such administrator (or other entity) against the premium otherwise owed by the individual involved for such coverage. (d) Change in COBRA Notice.-- (1) General notice.-- (A) In general.--In the case of notices provided under section 4980B(f)(6) of the Internal Revenue Code of 1986 with respect to individuals who, on or after July 1, 2001, become entitled to elect COBRA continuation coverage, such notices shall include an additional notification to the recipient of the availability of premium assistance for such coverage under this section. (B) Alternative notice.--In the case of COBRA continuation coverage to which the notice provision under section 4980B(f)(6) of the Internal Revenue Code of 1986 does not apply, the Secretary of the Treasury shall, in coordination with administrators of the group health plans (or other entities) that provide or administer the COBRA continuation coverage involved, assure provision of such notice. (C) Form.--The requirement of the additional notification under this paragraph may be met by amendment of existing notice forms or by inclusion of a separate document with the notice otherwise required. (2) Specific requirements.--Each additional notification under paragraph (1) shall include-- (A) the forms necessary for establishing eligibility under subsection (a)(2)(A) and enrollment under subsection (a)(2)(B) in connection with the coverage with respect to each covered employee or other qualified beneficiary; (B) the name, address, and telephone number necessary to contact the plan administrator and any other person maintaining relevant information in connection with the premium assistance; and (C) the following statement displayed in a prominent manner: ``You may be eligible to receive assistance with payment of 100 percent of your COBRA continuation coverage premiums for a duration of not to exceed 12 months.''. (3) Notice relating to retroactive coverage.--In the case of such notices previously transmitted before the date of the enactment of this Act in the case of an individual described in paragraph (1) who has elected (or is still eligible to elect) COBRA continuation coverage as of the date of the enactment of this Act, the administrator of the group health plan (or other entity) involved or the Secretary of the Treasury (in the case described in the paragraph (1)(B)) shall provide (within 60 days after the date of the enactment of this Act) for the additional notification required to be provided under paragraph (1). (4) Model notices.--The Secretary shall prescribe models for the additional notification required under this subsection. (f) Obligation of Funds.--This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of premium assistance under this section. (g) Prompt Issuance of Guidance.--The Secretary of the Treasury, in consultation with the Secretary of Labor, shall issue guidance under this section not later than 30 days after the date of the enactment of this Act. (h) Definitions.--In this section: (1) Administrator.--The term ``administrator'' has the meaning given such term in section 3(16) of the Employee Retirement Income Security Act of 1974. (2) COBRA continuation coverage.--The term ``COBRA continuation coverage'' means continuation coverage provided pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), section 8905a of title 5, United States Code, or under a State program that provides continuation coverage comparable to such continuation coverage. (3) Group health plan.--The term ``group health plan'' has the meaning given such term in section 9832(a) of the Internal Revenue Code of 1986. (4) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 3. TEMPORARY MEDICAID COVERAGE FOR CERTAIN UNINSURED EMPLOYEES. (a) In General.--Notwithstanding any other provision of law, with respect to any month, as a condition for the receipt of Federal financial participation under title XIX of the Social Security Act, a State shall provide, under its medicaid program under such title, medical assistance in the case of an individual-- (1) who has become totally or partially separated from employment on or after July 1, 2001; (2) who is not eligible for COBRA continuation coverage; and (3) who is uninsured; and to the individual's spouse and dependents (as defined for purposes of the Internal Revenue Code of 1986) if they also are uninsured. (b) Limitation of Period of Coverage.--Assistance under this section shall end with respect to an individual on the earlier of-- (1) the date the individual is no longer uninsured; or (2) 12 months after the date the individual is first determined to be eligible for medical assistance under this section. (c) Special Rules.--In the case of medical assistance provided under this section-- (1) the Federal medical assistance percentage under section 1905(b) of the Social Security Act shall be the enhanced FMAP (as defined in section 2105(b) of such Act); (2) a State may elect to apply alternative income, asset, and resource limitations and the provisions of section 1916(g) of such Act, except that in no case shall a State cover individuals with higher family income without covering individuals with a lower family income; (3) such medical assistance shall not be provided for periods before the date the individual becomes uninsured; (4) individuals eligible for medical assistance under this section shall be deemed to be described in the list of individuals described in the matter preceding paragraph (1) of section 1905(a) of such Act; (5) a State may elect to provide such medical assistance without regard to any limitation under sections 401(a), 402(b), 403, and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a), 1612(b), 1613, and 1631) and no debt shall accrue under an affidavit of support against any sponsor of an individual who is an alien who is provided such assistance, and the cost of such assistance shall not be considered as an unreimbursed cost; and (6) the Secretary of Health and Human Services shall not count, for purposes of section 1108(f) of the Social Security Act, such amount of payments under this section as bears a reasonable relationship to the average national proportion of payments made under this section for the 50 States and the District of Columbia to the payments otherwise made under title XIX for such States and District. (d) Definitions.--For purposes of this subtitle: (1) Uninsured.--The term ``uninsured'' means, with respect to an individual, that the individual is not covered under-- (A) a group health plan (as defined in section 2791(a) of the Public Health Service Act), (B) health insurance coverage (as defined in section 2791(b)(1) of the Public Health Service Act), or (C) a program under title XVIII, XIX, or XXI of the Social Security Act, other than under such title XIX pursuant to this section. For purposes of this paragraph, such coverage under subparagraph (A) or (B) shall not include coverage consisting solely of coverage of excepted benefits (as defined in section 2791(c) of the Public Health Service Act). (2) COBRA continuation coverage.--The term ``COBRA continuation coverage'' means coverage under a group health plan provided by an employer pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or section 8905a of title 5, United States Code. (3) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act. (e) Effective Date.--This section shall take effect upon its enactment, whether or not regulations implementing this section are issued. SEC. 4. TEMPORARY COVERAGE FOR UNSUBSIDIZED PORTION OF COBRA CONTINUATION PREMIUMS. (a) In General.--Notwithstanding any other provision of law, with respect to COBRA continuation coverage provided for any month, as a condition of receipt of Federal financial participation under title XIX of the Social Security Act, a State shall provide payment of the unsubsidized portion of the premium for COBRA continuation coverage in the case of any individual-- (1) who has become totally or partially separated from employment on or after July 1, 2001; and (2) who is eligible for, and has elected coverage under, COBRA continuation coverage; and to the individual's spouse and dependents (as defined for purposes of the Internal Revenue Code of 1986) if they also are eligible for such coverage and are otherwise uninsured. (b) Limitation of Period of Coverage.--Premium assistance under this section shall end with respect to an individual on the earlier of-- (1) the date the individual is no longer covered under COBRA continuation coverage; or (2) 12 months after the date the individual is first determined to be eligible for premium assistance under this section. (c) Financial Payment to States.--A State providing premium assistance under this section shall be entitled to payment under section 1903(a) of the Social Security Act with respect to such assistance (and administrative expenses relating to such assistance) in the same manner as such State is entitled to payment with respect to medical assistance (and such administrative expenses) under such section, except that, for purposes of this subsection, any reference to the Federal medical assistance percentage shall be deemed a reference to the enhanced FMAP (as defined in section 2105(b) of such Act). The provisions of subsections (c)(5) and (c)(6) of section 3 shall apply with respect to this section in the same manner as it applies under such section. (d) Unsubsidized Portion of Premium for COBRA Continuation Coverage.--For purposes of this section, the term `unsubsidized portion of premium for COBRA continuation coverage' means that portion of the premium for COBRA continuation coverage for which there is no financial assistance available under section 2. (e) Effective Date.--This section shall take effect upon its enactment, whether or not regulations implementing this section are issued. SEC. 5. AMENDMENT TO THE FOOD STAMP ACT OF 1977. (a) Amendment.--Section 5(d) of the Food Stamp Act of 1977 (7 U.S.C. 2014(d)) is amended-- (1) by striking ``and (15)'' and inserting ``(15)'', and (2) by inserting before the period at the end the following: ``, and (16) compensation under the State's unemployment compensation law (including amounts payable pursuant to an agreement under a Federal unemployment compensation law)''. (b) Application of Amendment.--The amendment made by subsection (a) shall not apply with respect to certification periods that begin before the date of the enactment of this Act.", "summary": "Health Care Continuation Coverage Act of 2002 - Directs the Secretary of the Treasury to establish a program to provide premium assistance for qualified individuals for Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage under the Public Health Service Act, the Internal Revenue Code, and the Employee Retirement Income Security Act of 1974 (ERISA).Requires States to provide temporary Medicaid coverage, under title XIX (Medicaid) of the Social Security Act, for individuals who: (1) have become totally or partially separated from employment on or after July 1, 2001; (2) are not eligible for COBRA continuation coverage; and (3) are not covered under a group health plan, health insurance, Medicare, or Medicaid. Includes coverage of such individuals' spouses and dependents who are also uninsured.Requires States, under Medicaid, to pay the unsubsidized portion of COBRA continuation benefits for individuals who: (1) have become totally or partially separated from employment on or after July 1, 2001; and (2) are eligible for COBRA continuation coverage. Includes coverage of such individuals' spouses and dependents who are also eligible and otherwise uninsured.Amends the Food Stamp Act of 1977 to exclude unemployment compensation in determining eligibility and benefits under such Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Intercity Passenger Rail Trust Fund Act of 1997''. SEC. 2. INTERCITY PASSENGER RAIL TRUST FUND. (a) Establishment of Trust Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9512. INTERCITY PASSENGER RAIL TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Intercity Passenger Rail Trust Fund', consisting of such amounts as may be transferred or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to Intercity Passenger Rail Trust Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Intercity Passenger Rail Trust Fund amounts equivalent to the taxes received in the Treasury at the rate of .5 cent for each gallon with respect to which tax is imposed under section 4041 or 4081 after September 30, 1997, and before October 1, 2002, but only to the extent such taxes are not attributable to the Highway Trust Fund financing rate. ``(c) Expenditures From Trust Fund.-- ``(1) In general.--Amounts in the Intercity Passenger Rail Trust Fund shall be available without fiscal year limitation to finance qualified expenses of-- ``(A) the National Railroad Passenger Corporation, and ``(B) each non-Amtrak State, to the extent determined under paragraph (2). ``(2) Maximum amount of funds to non-Amtrak states.--Each non-Amtrak State shall receive under this subsection an amount equal to the lesser of-- ``(A) the State's qualified expenses for the fiscal year, or ``(B) the product of-- ``(i) \\1/12\\ of 1 percent of the lesser of-- ``(I) the aggregate amounts transferred and credited to the Intercity Passenger Rail Trust Fund under subsection (a) for such fiscal year, or ``(II) the aggregate amounts appropriated from the Intercity Passenger Rail Trust Fund for such fiscal year, and ``(ii) the number of months such State is a non-Amtrak State in such fiscal year. If the amount determined under subparagraph (B) exceeds the amount under subparagraph (A) for any fiscal year, the amount under subparagraph (B) for the following fiscal year shall be increased by the amount of such excess. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified expenses.--The term `qualified expenses' means expenses incurred, with respect to obligations made, after September 30, 1997, and before October 1, 2002-- ``(A) for-- ``(i) in the case of the National Railroad Passenger Corporation, the acquisition of equipment, rolling stock, and other capital improvements, the upgrading of maintenance facilities, and the maintenance of existing equipment, in intercity passenger rail service, and the payment of interest and principal on obligations incurred for such acquisition, upgrading, and maintenance, and ``(ii) in the case of a non-Amtrak State, the acquisition of equipment, rolling stock, and other capital improvements, the upgrading of maintenance facilities, and the maintenance of existing equipment, in intercity passenger rail or bus service, and the payment of interest and principal on obligations incurred for such acquisition, upgrading, and maintenance, and ``(B) certified by the Secretary of Transportation on October 1 as meeting the requirements of subparagraph (A) and as qualified for payment under subsection (e) for the fiscal year beginning on such date. ``(2) Non-Amtrak state.--The term `non-Amtrak State' means any State which does not receive intercity passenger rail service from the National Railroad Passenger Corporation. ``(e) Contract Authority.--Notwithstanding any other provision of law, the Secretary of Transportation shall certify expenses as qualified for a fiscal year on October 1 of such year, in an amount not to exceed the amount of receipts estimated by the Secretary of the Treasury to be transferred to the Intercity Passenger Rail Trust Fund for such fiscal year. Such certification shall result in a contractual obligation of the United States for the payment of such expenses. ``(f) Tax Treatment of Trust Fund Expenditures.--With respect to any payment of qualified expenses from the Intercity Passenger Rail Trust Fund during any taxable year to a taxpayer-- ``(1) such payment shall not be included in the gross income of the taxpayer for such taxable year, ``(2) no deduction shall be allowed to the taxpayer with respect to any amount paid or incurred which is attributable to such payment, and ``(3) the basis of any property shall be reduced by the portion of the cost of such property which is attributable to such payment. ``(g) Termination.--The Secretary shall determine and retain, not later than October 1, 2002, the amount in the Intercity Passenger Rail Trust Fund necessary to pay any outstanding qualified expenses, and shall transfer any amount not so retained to the general fund of the Treasury.'' (b) Conforming Amendment.--The table of sections for subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following new item: ``Sec. 9512. Intercity Passenger Rail Trust Fund.'' (c) Effective Date.--The amendments made by this section shall apply with respect to taxes imposed after September 30, 1997.", "summary": "Intercity Passenger Rail Trust Fund Act of 1997 - Amends the Internal Revenue Code to establish in the Treasury the Intercity Passenger Rail Trust Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) non-Amtrak States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal and Estuarine Land Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Coastal and estuarine areas provide important nursery habitat for two-thirds of the United States commercial fish and shellfish, provide nesting and foraging habitat for coastal birds, harbor significant natural plant communities, and serve to facilitate coastal flood control and pollutant filtration. (2) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) recognizes the national importance of these areas and their ecological vulnerability to anthropogenic activities by establishing a comprehensive Federal and State partnership for protecting natural reserves and managing growth in these areas. (3) The National Estuarine Research Reserve system established under that Act relies on the protection of pristine designated areas for long-term protection and for the conduct of education and research critical to the protection and conservation of coastal and estuarine resources. (4) Intense development pressures within the coastal watershed are driving the need to provide coastal managers with a wider range of tools to protect and conserve important coastal and estuarine areas. (5) Protection of undeveloped coastal lands through the acquisition of interests in property from a willing seller are a cost-effective means of providing these areas with permanent protection from development. (6) Permanent protection of lands in the coastal zone is a necessary component of any program to maintain and enhance coastal and estuarine areas for the benefit of the United States, including protection of water quality, access to public beachfront, conserving wildlife habitat, and sustaining sport and commercial fisheries. (7) Federal, State, and nongovernmental organization pilot land acquisition projects have already substantially contributed to the long-term health and viability of coastal and estuarine systems. (8) Enhanced protection of estuarine and coastal areas can be attained through watershed-based acquisition strategies coordinated through Federal, State, regional, and local efforts. (9) Conserving coastal and estuarine lands can support the traditional economic and natural resource bases of communities in the coastal watershed, including well-managed forests that demonstrate outstanding ecological, recreational, historical, and aesthetic attributes. SEC. 3. ESTABLISHMENT OF COASTAL AND ESTUARINE LAND PROTECTION PROGRAM. (a) In General.-- (1) Establishment.--The Secretary of Commerce shall establish a Coastal and Estuarine Land Protection Program (hereinafter referred to as the ``program''), in cooperation with appropriate State, regional, and other units of Government for the purposes of protecting the environmental integrity of important coastal and estuarine areas, including wetlands and forests, that have significant conservation, recreation, ecological, historical, aesthetic, or watershed protection values, and that are threatened by conversion from their natural, undeveloped, or recreational state to other uses. (2) Administration.--The program shall be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration through the head of the Office of Ocean and Coastal Resource Management. (b) Property Acquisition Grants.--The Secretary shall make grants under the program to coastal States with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property or interests in property described in subsection (a) that will further the goals of-- (1) a Coastal Zone Management Plan or Program approved under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (2) a National Estuarine Research Reserve management plan; or (3) a regional or State watershed protection plan involving coastal States with approved coastal zone management plans. (c) Grant Process.--The Secretary shall allocate grants authorized under subsection (b) to coastal States or National Estuarine Research Reserves through a competitive grant process in accordance with the following requirements: (1) The Secretary shall consult with the State's coastal zone management program, any National Estuarine Research Reserve in that State, and the lead agency designated by the Governor for coordinating the implementation of this Act (if different from the coastal zone management program). (2) Each participating State, after consultation with nongovernmental and local governmental entities, shall identify priority conservation needs within the State, the values to be protected by inclusion of lands in the program, and the threats to those values that should be avoided. (3) Each participating State shall evaluate how the acquisition of property or easements might impact working waterfront needs. (4) The applicant shall identify the values to be protected by inclusion of the lands in the program, management activities that are planned and the manner in which they may affect the values identified, and any other information from the landowner relevant to administration and management of the land. (5) Awards shall be based on demonstrated need for protection and ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other governmental units, landowners, corporations, or private organizations. (6) The governor of the State, or the lead agency designated by the governor for coordinating the implementation of this Act, shall determine that the application is consistent with the State's or territory's approved coastal zone plan, program, and policies prior to submittal to the Secretary. (7) Priority shall be given to lands described in subsection (a) that can be effectively managed and protected and that have significant ecological or watershed protection value. (8) In developing guidelines under this section, the Secretary shall consult with other Federal agencies and non- governmental entities with expertise in land acquisition and conservation procedures. (9) Eligible States or National Estuarine Research Reserves may allocate grants to local governments or agencies eligible for assistance under section 306A(e) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a(e)) and may acquire lands in cooperation with nongovernmental entities and Federal agencies. (10) The Secretary shall develop measures that will ensure that property or interests in property acquired in whole or in part through the use of funds under the program are acquired only from willing sellers. (11) The Secretary shall develop performance measures that the Secretary shall use to evaluate and report on the program's effectiveness in accomplishing its purposes, and shall submit such evaluations to Congress not less often than once every 3 years. (d) Matching Requirements.-- (1) In general.--The Secretary may not make a grant of Federal funds under the program unless such Federal funds are matched by non-Federal funds in accordance with this subsection. (2) Maximum federal share.-- (A) 75 percent federal funds.--Subject to subparagraph (B), not more than 75 percent of the funding for any project funded with a grant made under the program shall be derived from Federal sources. (B) Waiver of requirement.--The Secretary may grant a waiver of the limitation in subparagraph (A) for underserved communities, communities that have an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary deems appropriate. (3) Other federal funds.--If a grant awarded under the program represents only a portion of the total cost of a project, funding from other Federal sources may be applied to the cost of the project. Each portion shall be subject to match requirements under the applicable provision of law. (4) Source of matching cost share.--For purposes of paragraph (2)(A), the non-Federal cost share for a project may be determined by taking into account the following: (A) The value of land or a conservation easement may be used as non-Federal match if the lands are identified in project plans and acquired within 3 years prior to the submission of the project application or after the submission of a project application until the project grant is closed (not to exceed 3 years). The appraised value of the land at the time of project closing will be considered the non-Federal cost share. The value of land that is held by a nongovernmental organization may be used for such purpose if it is held in perpetuity by a qualified conservation organization, as determined by the Secretary. (B) Costs associated with land acquisition, land management planning, remediation, restoration, and enhancement may be used as non-Federal match if the activities are identified in the plan and expenses are incurred within the period of the grant award, or, for lands described in (A), within the same time limits described therein. These costs may include either cash or in-kind contributions. (e) Reservation of Funds for National Estuarine Research Reserve Sites.--No less than 15 percent of funds made available under the program shall be available for acquisitions benefitting National Estuarine Research Reserves. (f) Limit on Administrative Costs.--No more than 5 percent of the funds made available to the Secretary under this section shall be used by the Secretary for planning or administration of the program. The Secretary shall provide a report to Congress with an account of all expenditures under this section for fiscal year 2009 and not less often than once every 3 years thereafter. (g) Title and Management of Acquired Property.--If any property is acquired in whole or in part with funds made available through a grant under the program, the grant recipient shall provide such assurances as the Secretary may require that-- (1) the title to the property will be held by the grant recipient or another appropriate public agency designated by the recipient in perpetuity; (2) the property will be managed in a manner that is consistent with the purposes for which the land entered into the program and shall not convert such property to other uses; and (3) if the property or interest in land is sold, exchanged, or divested, funds equal to the correct value will be returned to the Secretary in accordance with applicable Federal law for re-distribution in the grant process. (h) Definitions.--In this section: (1) Coastal state.--The term ``coastal State'' has the meaning given that term by section 304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4)). (2) Conservation easement.--The term ``conservation easement'' includes an easement or restriction, recorded deed, or a reserve interest deed where the grantee acquires all rights, title, and interest in a property, that do not conflict with the goals of this Act except those rights, title, and interests that may run with the land that are expressly reserved by a grantor and are agreed to at the time of purchase. (3) Interest in property.--The term ``interest in property'' includes a conservation easement. (4) Other terms.--Any term used in this section that is defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453) has the meaning given that term in that section. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this Act for fiscal years 2009 through 2013.", "summary": "Coastal and Estuarine Land Protection Act - Directs the Secretary of Commerce to establish a Coastal and Estuarine Land Protection Program to protect the environmental integrity of undeveloped coastal and estuarine areas. Requires the program to be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration (NOAA) through the Office of Ocean and Coastal Resource Management. Authorizes the Secretary to make Program grants to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property that will further the goals of an approved Coastal Zone Management Plan or Program, a National Estuarine Research Reserve management plan, or a regional or state watershed protection plan. Prohibits any more than 75% of the funding for any project funded with a grant made under the program from being derived from federal sources. Reserves 15% of program funds for acquisitions benefitting the National Estuarine Research Reserve. Specifies that when property is acquired under this program, the grant recipient shall provide assurances that: (1) title will be held by the recipient or another public agency designated by the recipient in perpetuity; (2) property will be managed consistent with the purpose of the Program; and (3) funds will be returned to the Secretary for redistribution if the property is sold, exchanged, or divested."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Home-Based Business Fairness Act of 1997''. SEC. 2. DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS INCREASED. (a) In General.--Section 162(l)(1) of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self- employed individuals) is amended to read as follows: ``(1) Allowance of deduction.--In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, the taxpayer's spouse, and dependents.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 3. CLARIFICATION OF DEFINITION OF PRINCIPAL PLACE OF BUSINESS. (a) In General.--Subsection (f) of section 280A of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Principal place of business.--For purposes of subsection (c), a home office shall in any case qualify as the principal place of business if-- ``(A) the office is the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic (and not incidental) basis by the taxpayer, and ``(B) the office is necessary because the taxpayer has no other location for the performance of the essential administrative or management activities of the business.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 4. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT EMPLOYEES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding after section 3510 the following new section: ``SEC. 3511. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT EMPLOYEES. ``(a) Safe Harbor.-- ``(1) In general.--For purposes of this title, if the requirements of subsections (b), (c), and (d), or the requirements of subsections (d) and (e), are met with respect to any service performed by any individual, then with respect to such service-- ``(A) the service provider shall not be treated as an employee, ``(B) the service recipient shall not be treated as an employer, ``(C) the payor shall not be treated as an employer, and ``(D) compensation paid or received for such service shall not be treated as paid or received with respect to employment. ``(2) Availability of safe harbor not to limit application of other laws.--Nothing in this section shall be construed-- ``(A) as limiting the ability of a service provider, service recipient, or payor to apply other applicable provisions of this title, section 530 of the Revenue Act of 1978, or the common law in determining whether an individual is not an employee, or ``(B) as a prerequisite for the application of any provision of law described in subparagraph (A). ``(b) Service Provider Requirements With Regard to the Service Recipient.--For purposes of subsection (a), the requirements of this subsection are met if the service provider, in connection with performing the service-- ``(1) has the ability to realize a profit or loss, ``(2) incurs unreimbursed expenses which are ordinary and necessary to the service provider's industry and which represent an amount at least equal to 2 percent of the service provider's adjusted gross income attributable to services performed pursuant to 1 or more contracts described in subsection (d), and ``(3) agrees to perform services for a particular amount of time or to complete a specific result or task. ``(c) Additional Service Provider Requirements With Regard to Others.--For the purposes of subsection (a), the requirements of this subsection are met if the service provider-- ``(1) has a principal place of business, ``(2) does not primarily provide the service at a single service recipient's facilities, ``(3) pays a fair market rent for use of the service recipient's facilities, or ``(4) operates primarily with equipment not supplied by the service recipient. ``(d) Written Document Requirements.--For purposes of subsection (a), the requirements of this subsection are met if the services performed by the service provider are performed pursuant to a written contract between such service provider and the service recipient, or the payor, and such contract provides that the service provider will not be treated as an employee with respect to such services for Federal tax purposes. ``(e) Business Structure and Benefits Requirement.--For purposes of subsection (a), the requirements of this subsection are met if the service provider-- ``(1) conducts business as a properly constituted corporation or limited liability company under applicable State laws, and ``(2) does not receive from the service recipient or payor benefits that are provided to employees of the service recipient. ``(f) Special Rules.--For purposes of this section-- ``(1) Failure to meet reporting requirements.--If for any taxable year any service recipient or payor fails to meet the applicable reporting requirements of section 6041(a) or 6041A(a) with respect to a service provider, then, unless the failure is due to reasonable cause and not willful neglect, the safe harbor provided by this section for determining whether individuals are not employees shall not apply to such service recipient or payor with respect to that service provider. ``(2) Burden of proof.--For purposes of subsection (a), if-- ``(A) a service provider, service recipient, or payor establishes a prima facie case that it was reasonable not to treat a service provider as an employee for purposes of this section, and ``(B) the service provider, service recipient, or payor has fully cooperated with reasonable requests from the Secretary or his delegate, then the burden of proof with respect to such treatment shall be on the Secretary. ``(3) Related entities.--If the service provider is performing services through an entity owned in whole or in part by such service provider, the references to `service provider' in subsections (b) through (e) may include such entity, provided that the written contract referred to in subsection (d) is with such entity. ``(g) Determinations by the Secretary.--For purposes of this title-- ``(1) In general.-- ``(A) Determinations with respect to a service recipient or a payor.--A determination by the Secretary that a service recipient or a payor should have treated a service provider as an employee shall be effective no earlier than the notice date if-- ``(i) the service recipient or the payor entered into a written contract satisfying the requirements of subsection (d), ``(ii) the service recipient or the payor satisfied the applicable reporting requirements of section 6041(a) or 6041A(a) for all taxable years covered by the agreement described in clause (i), and ``(iii) the service recipient or the payor demonstrates a reasonable basis for determining that the service provider is not an employee and that such determination was made in good faith. ``(B) Determinations with respect to a service provider.--A determination by the Secretary that a service provider should have been treated as an employee shall be effective no earlier than the notice date if-- ``(i) the service provider entered into a contract satisfying the requirements of subsection (d), ``(ii) the service provider satisfied the applicable reporting requirements of sections 6012(a) and 6017 for all taxable years covered by the agreement described in clause (i), and ``(iii) the service provider demonstrates a reasonable basis for determining that the service provider is not an employee and that such determination was made in good faith. ``(C) Reasonable cause exception.--The requirements of subparagraph (A)(ii) or (B)(ii) shall be treated as being met if the failure to satisfy the applicable reporting requirements is due to reasonable cause and not willful neglect. ``(2) Construction.--Nothing in this subsection shall be construed as limiting any provision of law that provides an opportunity for administrative or judicial review of a determination by the Secretary. ``(3) Notice date.--For purposes of this subsection, the notice date is the 30th day after the earlier of-- ``(A) the date on which the first letter of proposed deficiency that allows the service provider, the service recipient, or the payor an opportunity for administrative review in the Internal Revenue Service Office of Appeals is sent, or ``(B) the date on which the deficiency notice under section 6212 is sent. ``(h) Definitions.--For the purposes of this section-- ``(1) Service provider.--The term `service provider' means any individual who performs a service for another person. ``(2) Service recipient.--Except as provided in paragraph (4), the term `service recipient' means the person for whom the service provider performs such service. ``(3) Payor.--Except as provided in paragraph (4), the term `payor' means the person who pays the service provider for the performance of such service in the event that the service recipient does not pay the service provider. ``(4) Exceptions.--The terms `service recipient' and `payor' do not include any entity in which the service provider owns in excess of 5 percent of-- ``(A) in the case of a corporation, the total combined voting power of stock in the corporation, or ``(B) in the case of an entity other than a corporation, the profits or beneficial interests in the entity. ``(5) In connection with performing the service.--The term `in connection with performing the service' means in connection or related to the operation of the service provider's trade or business. ``(6) Principal place of business.--For purposes of subsection (c), a home office shall in any case qualify as the principal place of business if-- ``(A) the office is the location where the service provider's essential administrative or management activities are conducted on a regular and systematic (and not incidental) basis by the service provider, and ``(B) the office is necessary because the service provider has no other location for the performance of the essential administrative or management activities of the business. ``(7) Fair market rent.--The term `fair market rent' means a periodic, fixed minimum rental fee which is based on the fair rental value of the facilities and is established pursuant to a written agreement with terms similar to those offered to unrelated persons for facilities of similar type and quality.'' (b) Clarification of Rules Regarding Evidence of Control.--For purposes of determining whether an individual is an employee under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), compliance with statutory or regulatory standards shall not be treated as evidence of control. (c) Repeal of Section 530(d) of the Revenue Act of 1978.--Section 530(d) of the Revenue Act of 1978 (as added by section 1706 of the Tax Reform Act of 1986) is repealed. (d) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Safe harbor for determining that certain individuals are not employees.'' (e) Effective Dates.-- (1) In general.--The amendments made by, and the provisions of, this section shall apply to services performed after the date of enactment of this Act. (2) Determinations by secretary.--Section 3511(g) of the Internal Revenue Code of 1986 (as added by subsection (a)) shall apply to determinations after the date of enactment of this Act. (3) Section 530(d).--The amendment made by subsection (c) shall apply to periods ending after the date of enactment of this Act.", "summary": "Home-Based Business Fairness Act of 1997 - Amends the Internal Revenue Code to increase the deduction allowed for the health insurance costs of a self-employed individual to allow as a deduction an amount equal to the amount paid by such individual for insurance which constitutes medical care for such individual, such individual's spouse, and dependents. Adds to provisions defining the disallowance of certain expenses in connection the business use of the home to provide that a home office shall in any case qualify as the principal place of business if the office is: (1) in the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic basis; and (2) necessary because the taxpayer has no other location for the performance of the essential management or administrative activities of the business. Considers a service provider as not being an employee if the provider: (1) can realize a profit or loss, can incur unreimbursed expenses, and makes a time-limited or task-limited agreement; (2) has a principal place of business, does not primarily provide service at a single service recipient's facilities, pays fair rent for the use of the recipient's facilities, or operates primarily with equipment not supplied by the recipient; and (3) if there is a written contract providing that the provider will not be treated as an employee for Federal tax purposes. Considers (in addition) a provider as not an employee if: (1) there is such a written contract; and (2) the provider is a corporation or limited liability company and does not receive benefits that the recipient's employees receive. Regulates the treatment of determinations by the Secretary of the Treasury that a service provider should have been treated as an employee."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian Trust Responsibility Review Act of 2014''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds as follows: (1) The Final Report of the American Indian Policy Review Committee, published in 1977, made a number of recommendations regarding the United States administration of its trust relationship with federally recognized Indian tribes and their members, many of which have not been implemented. (2) There has been no general, comprehensive review of the United States trust relationship with federally recognized Indian tribes since the publication of the Final Report of the American Indian Policy Review Committee. (3) The trust relationship has evolved over time and there is a clear need to re-examine the administration of the United States constitutional trust responsibility. (4) The duties administered by Federal agencies charged with protecting federally recognized Indian tribal trust resources and providing services often conflict with other duties discharged by the same or separate Federal agencies and departments and it is the beneficiaries of the trust relationship that suffer as a result. (5) In carrying out its trust responsibilities to federally recognized Indian tribes and their members, it is crucial that Congress have the benefit of a review of the United States trust relationship with federally recognized Indian tribes to improve its ability to exercise oversight over the Executive Branch, pursue policies to empower tribal self-determination, and better administer the trust relationship. SEC. 3. DECLARATION. Congress declares that it is timely and essential to conduct a review of the current state of the United States unique trust relationship with federally recognized Indian tribes and their members in order to better administer constitutional trust responsibilities and make necessary revisions in relevant trust statutes, regulations, and policies for the benefit of American Indian people. SEC. 4. ESTABLISHMENT OF THE AMERICAN INDIAN TRUST REVIEW COMMISSION. (a) Establishment.--In order to carry out the purposes of this Act, there is hereby established the American Indian Trust Review Commission, hereinafter referred to as the ``Commission''. (b) Membership.-- (1) Composition.--The Commission shall be composed of 12 members, of whom-- (A) 4 shall be appointed by the President, in consultation with the Secretary of the Interior; (B) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Natural Resources of the House of Representatives; (C) 1 shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Natural Resources of the House of Representatives; (D) 3 shall be appointed by the Majority Leader of the Senate, in consultation with the Chairman of the Committee on Indian Affairs; and (E) 1 shall be appointed by the Minority Leader of the Senate, in consultation with the Vice Chairman of the Committee on Indian Affairs. (2) Diversity of qualifications.--In making appointments to the Commission, every effort shall be made to select individuals whose qualifications are not already represented by other members of the Commission. (3) Term.--Each member shall be appointed for the life of the Commission. (4) Time for initial appointments.--The appointment of the members of the Commission shall be made no later than 60 days after the date of enactment of this Act. (c) Commission Organization.--At its organizational meeting, the members of the Commission appointed pursuant to subsection (b)(1) of this section shall elect from their members, a Chairman and Vice Chairman immediately thereafter. (d) Vacancies.--Vacancies in the membership of the Commission shall not affect the power of the remaining members to execute the functions of the Commission and shall be filled in the same manner as in the case of the original appointment of the member whose seat is vacated. (e) Quorum.--Eight members of the Commission shall constitute a quorum, but a smaller number, as determined by the Commission, may conduct hearings. SEC. 5. DUTIES OF THE COMMISSION. (a) Investigation; Study.--The Commission shall conduct a comprehensive review of the unique trust relationship between the United States and federally recognized Indian tribes. The study shall include-- (1) a study and analysis of the Constitution, and relevant treaties, compacts, statutes, judicial interpretations, and Executive Orders to determine the attributes of the unique trust relationship between the Federal Government, and federally recognized Indian tribes; (2) a review of the policies, practices, and structure of the Federal agencies charged with protecting Indian tribal trust resources and providing services to Indians; (3) a management study of the Bureau of Indian Affairs and its ability to discharge its trust responsibilities without conflicting with the duties of other Federal agencies and departments; (4) a review of relevant statutes, regulations, and policies to determine the feasibility of authorizing Indian tribes, in their discretion, to assume some or all of the functions, programs, services, and activities now currently undertaken and provided by the Federal Government; (5) a compilation, collection, and analysis of data necessary to understand the extent of the needs of federally recognized Indian tribes, including the adequacy of educational systems, health care, public safety, and infrastructure; (6) the feasibility of creating high-level positions within the Executive Branch to provide federally recognized Indian tribes with maximum participation in policy formation and program development, and the viability of a mechanism to ensure the continuation of critical programs for federally recognized Indian tribes; (7) an examination of the appropriate role of State and local governments involvement in actions that permit government and public input and the degree to which the Federal Government can adequately balance those interests without conflicting with its trust responsibilities towards federally recognized Indian tribes; and (8) the recommendations modifying existing laws, procedures, regulations, policies, and practices as will, in the judgment of the Commission, best serve to carry out the policy and declarations of the purposes of the Commission. (b) Hearings.-- (1) In general.--The Commission shall hold hearings, meet, act, take testimony, and receive evidence as the Commission considers to be advisable to carry out the duties of the Commission under this Act. (2) Public requirement.--The hearings of the Commission shall be open to the public and held in geographically diverse locations. (3) Preference.--When considering hearing witnesses, the Commission shall exercise a preference to invite elected officials from a federally recognized Indian tribe before seeking participation from any tribal organization. SEC. 6. POWERS OF THE COMMISSION. (a) Commission Rules.--The Commission may make rules respecting its organization and procedures, as it deems necessary, except that no recommendations shall be reported from the Commission unless a majority of the Commission assents. (b) Information From Federal, Tribal, State, and Local Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this Act. (2) Tribal, state, and local agencies.--The Commission may request the head of any agency of a federally recognized Indian tribe, State, or unit of local government to provide the Commission with such information as the Commission considers necessary to carry out this Act. SEC. 7. COMMISSION PERSONNEL. (a) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (b) Staff.-- (1) In general.--The Chairperson of the Commission, in consultation with the Vice Chairman of the Commission, may-- (A) without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties; and (B) fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (2) Executive director subject to confirmation.--The employment of an executive director shall be subject to confirmation by the Commission by a majority of Commission members voting. (c) Detail of Government Employees.--At the request of the Commission, and in the discretion of the relevant agency, any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 8. REPORT OF THE COMMISSION. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that contains-- (1) a detailed statement of findings and conclusions of the Commission; and (2) the recommendations of the Commission for such legislative and administrative actions as the Commission considers appropriate. (b) Extension.--The President may grant an extension to allow the report required under subsection (a) to be submitted not later than 3 years after the date of the enactment of this Act. (c) Online Access.--The Commission shall make the report required by paragraph (1) publically available on the website of the Department of the Interior. SEC. 9. NONAPPPLICABILITY OF THE FACA. The Federal Advisory Committee Act (5 U.S.C. App. 2) shall not apply to the Commission. SEC. 10. TERMINATION OF THE COMMISSION. The Commission shall terminate 30 days after the Commission submits its report under section 8.", "summary": "American Indian Trust Responsibility Review Act of 2014 - Establishes the American Indian Trust Review Commission to: (1) conduct a comprehensive review of the unique trust relationship between the United States and federally recognized Indian tribes, and (2) report to Congress within two years of this Act's enactment. Requires the study to analyze: the attributes of that relationship; the policies, practices, structure, and effectiveness of the federal agencies that have trust responsibilities toward Indian tribes; the feasibility of authorizing willing Indian tribes to assume duties currently performed by the federal government; the data necessary for the Commission to get a better understanding of tribal needs; the feasibility of creating high-level federal positions to increase tribal participation in policy formation and program development; the viability of a mechanism to ensure the continuation of critical programs for Indian tribes; the appropriate role of state and local governments in federal activities affecting Indian tribes; and modifications to laws, procedures, regulations, policies, and practices that might further the federal government's trust relationship with Indian tribes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Checking Freedom Act of 2002''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED. (a) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended to read as follows: ``(i) [Repealed]''. (2) Home owners' loan act.--The first sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed]''. (b) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 2-year period beginning on the date of the enactment of this Act. SEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account which is a deposit or account on which interest or dividends are paid and is not a deposit or account described in subsection (a)(2) to make up to 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order), for any purpose, to another account of the owner in the same institution. An account offered pursuant to this subsection shall be considered a transaction account for purposes of section 19 of the Federal Reserve Act unless the Board of Governors of the Federal Reserve System determines otherwise.''. SEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following new paragraph: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution may receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate or rates not to exceed the general level of short-term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(A), in a Federal reserve bank by any such entity on behalf of depository institutions. ``(C) Depository institutions defined.--For purposes of this paragraph, the term `depository institution', in addition to the institutions described in paragraph (1)(A), includes any trust company, corporation organized under section 25A or having an agreement with the Board under section 25, or any branch or agency of a foreign bank (as defined in section 1(b) of the International Banking Act of 1978).''. (b) Authorization for Pass Through Reserves for Member Banks.-- Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) is amended by striking ``which is not a member bank''. (c) Consumer Banking Costs Assessment.-- (1) In general.--Section 1002 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note) is amended to read as follows: ``SEC. 1002. SURVEY OF BANK FEES AND SERVICES. ``(a) Annual Survey Required.--The Board of Governors of the Federal Reserve System shall obtain annually a sample, which is representative by type and size of the institution (including small institutions) and geographic location, of the following retail banking services and products provided by insured depository institutions and insured credit unions (along with related fees and minimum balances): ``(1) Checking and other transaction accounts. ``(2) Negotiable order of withdrawal and savings accounts. ``(3) Automated teller machine transactions. ``(4) Other electronic transactions. ``(b) Minimum Survey Requirement.--The annual survey described in subsection (a) shall meet the following minimum requirements: ``(1) Checking and other transaction accounts.--Data on checking and transaction accounts shall include, at a minimum, the following: ``(A) Monthly and annual fees and minimum balances to avoid such fees. ``(B) Minimum opening balances. ``(C) Check processing fees. ``(D) Check printing fees. ``(E) Balance inquiry fees. ``(F) Fees imposed for using a teller or other institution employee. ``(G) Stop payment order fees. ``(H) Nonsufficient fund fees. ``(I) Overdraft fees. ``(J) Deposit items returned fees. ``(K) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(2) Negotiable order of withdrawal accounts and savings accounts.--Data on negotiable order of withdrawal accounts and savings accounts shall include, at a minimum, the following: ``(A) Monthly and annual fees and minimum balances to avoid such fees. ``(B) Minimum opening balances. ``(C) Rate at which interest is paid to consumers. ``(D) Check processing fees for negotiable order of withdrawal accounts. ``(E) Fees imposed for using a teller or other institution employee. ``(F) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(3) Automated teller transactions.--Data on automated teller machine transactions shall include, at a minimum, the following: ``(A) Monthly and annual fees. ``(B) Card fees. ``(C) Fees charged to customers for withdrawals, deposits, and balance inquiries through institution- owned machines. ``(D) Fees charged to customers for withdrawals, deposits, and balance inquiries through machines owned by others. ``(E) Fees charged to noncustomers for withdrawals, deposits, and balance inquiries through institution- owned machines. ``(F) Point-of-sale transaction fees. ``(4) Other electronic transactions.--Data on other electronic transactions shall include, at a minimum, the following: ``(A) Wire transfer fees. ``(B) Fees related to payments made over the Internet or through other electronic means. ``(5) Other fees and charges.--Data on any other fees and charges that the Board of Governors of the Federal Reserve System determines to be appropriate to meet the purposes of this section. ``(6) Federal reserve board authority.--The Board of Governors of the Federal Reserve System may cease the collection of information with regard to any particular fee or charge specified in this subsection if the Board makes a determination that, on the basis of changing practices in the financial services industry, the collection of such information is no longer necessary to accomplish the purposes of this section. ``(c) Annual Report to Congress Required.-- ``(1) Preparation.--The Board of Governors of the Federal Reserve System shall prepare a report of the results of each survey conducted pursuant to subsections (a) and (b) of this section and section 136(b)(1) of the Consumer Credit Protection Act. ``(2) Contents of the report.--In addition to the data required to be collected pursuant to subsections (a) and (b), each report prepared pursuant to paragraph (1) shall include a description of any discernible trend, in the Nation as a whole, in a representative sample of the 50 States (selected with due regard for regional differences), and in each consolidated metropolitan statistical area (as defined by the Director of the Office of Management and Budget), in the cost and availability of the retail banking services, including those described in subsections (a) and (b) (including related fees and minimum balances), that delineates differences between institutions on the basis of the type of institution and the size of the institution, between large and small institutions of the same type, and any engagement of the institution in multistate activity. ``(3) Submission to congress.--The Board of Governors of the Federal Reserve System shall submit an annual report to the Congress not later than June 1, 2004, and not later than June 1 of each subsequent year. ``(4) Transition provision.--Notwithstanding section 4(c)(3) of the Business Checking Freedom Act of 2002, the Board of Governors of the Federal Reserve System shall, on an interim basis, continue to comply with the requirements for the bank fee survey under the amendment made to this section by section 108 of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 for reports submitted to the Congress under this section not later than June 1, 2003, except that the Board shall incorporate within any such report, to the extent possible, any additional information on any credit card fee or charge that is available to the Board even though such information is not required by such amendment. ``(d) Definitions.--For purposes of this section, the term ``insured depository institution'' has the meaning given such term in section 3 of the Federal Deposit Insurance Act, and the term ``insured credit union'' has the meaning given such term in section 101 of the Federal Credit Union Act.''. (2) Amendment to the truth in lending act.-- (A) In general.--Paragraph (1) of section 136(b) of the Truth in Lending Act (15 U.S.C. 1646(b)(1)) is amended to read as follows: ``(1) Collection required.--The Board shall collect, on a semiannual basis, from a broad sample of financial institutions which offer credit card services, credit card price and availability information including-- ``(A) the information required to be disclosed under section 127(c) of this chapter; ``(B) the average total amount of finance charges paid by consumers; and ``(C) the following credit card rates and fees: ``(i) Application fees. ``(ii) Annual percentage rates for cash advances and balance transfers. ``(iii) Maximum annual percentage rate that may be charged when an account is in default. ``(iv) Fees for the use of convenience checks. ``(v) Fees for balance transfers. ``(vi) Fees for foreign currency conversions.''. (B) Effective date.--The amendment made by subparagraph (A) shall take effect on January 1, 2003. (3) Repeal of sunset provision.--Section 108 of the Riegle- Neal Interstate Banking and Branching Efficiency Act of 1994 is hereby repealed. (4) Nonapplicability of other provision of law.--Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) shall not apply to any report required to be submitted under section 1002(b) of Financial Institutions Reform, Recovery, and Enforcement Act of 1989. (d) Technical and Conforming Amendments.--Section 19 of the Federal Reserve Act (12 U.S.C. 461) is amended-- (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(2)(A)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent (and which may be zero)''; and (2) in clause (ii), by striking ``and not less than 8 per centum,'' and inserting ``(and which may be zero),''. SEC. 6. TRANSFER OF FEDERAL RESERVE SURPLUSES. (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C. 289(b)) is amended by adding at the end the following new paragraph: ``(4) Additional transfers to cover interest payments for fiscal years 2002 through 2006.-- ``(A) In general.--In addition to the amounts required to be transferred from the surplus funds of the Federal reserve banks pursuant to subsection (a)(3), the Federal reserve banks shall transfer from such surplus funds to the Board of Governors of the Federal Reserve System for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, such sums as are necessary to equal the net cost of section 19(b)(12) in each of the fiscal years 2002 through 2006. ``(B) Allocation by federal reserve board.--Of the total amount required to be paid by the Federal reserve banks under subparagraph (A) for fiscal years 2002 through 2006, the Board of Governors of the Federal Reserve System shall determine the amount each such bank shall pay in such fiscal year. ``(C) Replenishment of surplus fund prohibited.-- During fiscal years 2002 through 2006, no Federal reserve bank may replenish such bank's surplus fund by the amount of any transfer by such bank under subparagraph (A).''. (b) Technical and Conforming Amendment.--Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end the following new paragraph: ``(3) Payment to treasury.--During fiscal years 2002 through 2006, any amount in the surplus fund of any Federal reserve bank in excess of the amount equal to 3 percent of the paid-in capital and surplus of the member banks of such bank shall be transferred to the Secretary of the Treasury for deposit in the general fund of the Treasury.''. SEC. 7. RULE OF CONSTRUCTION. In the case of an escrow account maintained at a depository institution in connection with a real estate transaction-- (1) the absorption, by the depository institution, of expenses incidental to providing a normal banking service with respect to such escrow account; (2) the forbearance, by the depository institution, from charging a fee for providing any such banking function; and (3) any benefit which may accrue to the holder or the beneficiary of such escrow account as a result of an action of the depository institution described in subparagraph (1) or (2) or similar in nature to such action, shall not be treated as the payment or receipt of interest for purposes of this Act and any provision of Public Law 93-100, the Federal Reserve Act, the Home Owners' Loan Act, or the Federal Deposit Insurance Act relating to the payment of interest on accounts or deposits at depository institutions. Passed the House of Representatives April 9, 2002. Attest: JEFF TRANDAHL, Clerk.", "summary": "Business Checking Freedom Act of 2002 - Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the prohibition against the payment of interest on demand deposits. Makes such repeal effective two years from the date of enactment.(Sec. 3) Authorizes interest-bearing transaction accounts for businesses, permitting up to 24 transfers per month (or any greater number the Federal Reserve Board (Board) may determine) to another account of the owner in the same institution.(Sec. 4) Authorizes the payment of interest by a Federal reserve bank at least quarterly on balances maintained there on behalf of a depository institution.Revises the requirements for the annual survey of bank fees and services by the Board to specify the inclusion of: (1) checking and other transaction accounts; (2) negotiable order of withdrawal and savings accounts; (3) automated teller machine transactions; and (4) other electronic transactions. Establishes minimum survey requirements for each such account or transaction area. Requires such survey to address minimum balance requirements as well as fees.Amends the Truth in Lending Act (and Consumer Credit Protection Act) to revise the requirements for the semiannual survey of credit card price and availability information to specify the inclusion of certain information, including finance charges, annual percentage rates, and various fees.Requires the Board to report annually to Congress on the results of both surveys.Amends the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 to repeal the termination date for and so continue the annual survey by the Board of certain retail banking services (and associated fees) provided by insured depository institutions.(Sec. 5) Amends the Federal Reserve Act to revise the ratio of reserves a depository institution must maintain against its transaction accounts, permitting a ratio of zero.(Sec. 6) Directs the Federal reserve banks in FY 2002 through 2006 to transfer to the Board for transfer to the Secretary of the Treasury, for deposit in the general fund, additional surplus funds equal to the net cost of their interest payments to depository institutions.(Sec. 7) Provides a rule of construction for escrow accounts maintained at a depository institution in connection with a real estate transaction. Declares that the institution's absorption of expenses or forbearance in charging a fee or other benefit should not be treated as the payment or receipt of interest."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Poison Center Support, Enhancement, and Awareness Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Poison control centers are the primary defense of the United States against injury and deaths from poisoning. Twenty-four hours a day, the general public as well as health care practitioners contact their local poison control centers for help in diagnosing and treating victims of poisoning. In 2007, more than 4,000,000 calls were managed by poison control centers providing ready and direct access for all people of the United States, including many underserved populations in the United States, with vital emergency public health information and response. (2) Poisoning is the second most common form of unintentional death in the United States. In any given year, there will be between 3,000,000 and 5,000,000 poison exposures. Sixty percent of these exposures will involve children under the age of 6 who are exposed to toxins in their home. Poisoning accounts for 285,000 hospitalizations, 1,200,000 days of acute hospital care, and more than 26,000 fatalities in 2005. (3) In 2008, the Harvard Injury Control Research Center reported that poisonings from accidents and unknown circumstances more than tripled in rate since 1990. In 2005, the last year for which data are available, 26,858 people died from accidental or unknown poisonings. This represents an increase of 20,000 since 1990 and an increase of 2,400 between 2004 and 2005. Fatalities from poisoning are increasing in the United States in near epidemic proportions. The funding of programs to reverse this trend is needed now more than ever. (4) In 2004, The Institute of Medicine of the National Academy of Sciences recommended that ``Congress should amend the current Poison Control Center Enhancement and Awareness Act Amendments of 2003 to provide sufficient funding to support the proposed Poison Prevention and Control System with its national network of poison centers. Support for the core activities at the current level of service is estimated to require more than $100 million annually.''. (5) Sustaining the funding structure and increasing accessibility to poison control centers will promote the utilization of poison control centers and reduce the inappropriate use of emergency medical services and other more costly health care services. The 2004 Institute of Medicine Report to Congress determined that for every $1 invested in the Nation's poison control centers $7 of health care costs are saved. In 2005, direct Federal health care program savings totaled in excess of $525,000,000 as the result of poison control center public health services. (6) More than 30 percent of the cost savings and financial benefits of the Nation's network of poison control centers are realized annually by Federal health care programs (estimated to be more than $1,000,000,000), yet Federal funding support (as demonstrated by the annual authorization of $30,100,000 in Public Law 108-194) comprises less than 11 percent of the annual network expenditures of poison centers. (7) Real-time data collected from the Nation's certified poison control centers can be an important source of information for the detection, monitoring, and response for contamination of the air, water, pharmaceutical, or food supply. (8) In the event of a terrorist event, poison control centers will be relied upon as a critical source for accurate medical information and public health emergency response concerning the treatment of patients who have had an exposure to a chemical, radiological, or biological agent. SEC. 3. REAUTHORIZATION OF POISON CONTROL CENTERS NATIONAL TOLL-FREE NUMBER. Section 1271 of the Public Health Service Act (42 U.S.C. 300d-71) is amended to read as follows: ``SEC. 1271. MAINTENANCE OF THE NATIONAL TOLL-FREE NUMBER. ``(a) In General.--The Secretary shall provide coordination and assistance to poison control centers for the establishment of a nationwide toll-free phone number, and the maintenance of such number, to be used to access such centers. ``(b) Authorization of Appropriations.--There is authorized to be appropriated $2,000,000 for fiscal year 2009 to carry out this section, and $700,000 for each of fiscal years 2010 through 2014 for the maintenance of the nationwide toll free phone number under subsection (a).''. SEC. 4. REAUTHORIZATION OF NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CONTROL CENTER UTILIZATION. (a) In General.--Section 1272 of the Public Health Service Act (42 U.S.C. 300d-72) is amended to read as follows: ``SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CONTROL CENTER UTILIZATION. ``(a) In General.--The Secretary shall carry out, and expand upon, a national media campaign to educate the public and health care providers about poison prevention and the availability of poison control center resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number established under section 1271(a). ``(b) Contract With Entity.--The Secretary may carry out subsection (a) by entering into contracts with one or more public or private entities, including nationally recognized organizations in the field of poison control and national media firms, for the development and implementation of a nationwide poison prevention and poison control center awareness campaign, which may include-- ``(1) the development and distribution of poison prevention and poison control center awareness materials; ``(2) television, radio, Internet, and newspaper public service announcements; and ``(3) other activities to provide for public and professional awareness and education. ``(c) Evaluation.--The Secretary shall-- ``(1) establish baseline measures and benchmarks to quantitatively evaluate the impact of the nationwide media campaign carried out under this section; and ``(2) on an annual basis, prepare and submit to the appropriate committees of Congress, an evaluation of the nationwide media campaign. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for fiscal year 2009, and $800,000 for each of fiscal years 2010 through 2014.''. (b) Effective Date.--The amendment made by this section shall be effective on the date of the enactment of this Act and shall apply to contracts entered into on or after January 1, 2009. SEC. 5. REAUTHORIZATION OF THE POISON CONTROL CENTER GRANT PROGRAM. (a) In General.--Section 1273 of the Public Health Service Act (42 U.S.C. 300d-73) is amended to read as follows: ``SEC. 1273. MAINTENANCE OF THE POISON CONTROL CENTER GRANT PROGRAM. ``(a) Authorization of Program.--The Secretary shall award grants to poison control centers certified under subsection (c) (or granted a waiver under subsection (d)) and professional organizations in the field of poison control for the purposes of preventing, and providing treatment recommendations for, poisonings and complying with the operational requirements needed to sustain the certification of the center under subsection (c). ``(b) Additional Uses of Funds.--In addition to the purposes described in subsection (a), a poison center or professional organization awarded a grant, contract, or cooperative agreement under such subsection may also use amounts received under such grant, contract, or cooperative agreement-- ``(1) to establish and evaluate best practices in the United States for poison prevention, poison control center outreach, and emergency and preparedness programs; ``(2) to research, develop, implement, revise, and communicate standard patient management guidelines for commonly encountered toxic exposures; ``(3) to improve national toxic exposure surveillance by enhancing cooperative activities between poison control centers in the United States and the Centers for Disease Control and Prevention; ``(4) to develop, support, and enhance technology and capabilities of professional organizations in the field of poison control to collect national poisoning, toxic occurrence, and related public health data; ``(5) to develop initiatives to foster the enhanced public health utilization of national poison data collected by organizations described in paragraph (4); ``(6) to support and expand the toxicologic expertise within poison control centers; and ``(7) to improve the capacity of poison control centers to answer high volumes of calls and respond during times of national crisis or other public health emergencies. ``(c) Certification.--Except as provided in subsection (d), the Secretary may award a grant to a poison control center under subsection (a) only if-- ``(1) the center has been certified by a professional organization in the field of poison control, and the Secretary has approved the organization as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning; or ``(2) the center has been certified by a State government, and the Secretary has approved the State government as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning. ``(d) Waiver of Certification Requirements.-- ``(1) In general.--The Secretary may grant a waiver of the certification requirements of subsection (c) with respect to a noncertified poison control center that applies for a grant under this section if such center can reasonably demonstrate that the center will obtain such a certification within a reasonable period of time as determined appropriate by the Secretary. ``(2) Renewal.--The Secretary may renew a waiver under paragraph (1). ``(3) Limitation.--In no case may the sum of the number of years for a waiver under paragraph (1) and a renewal under paragraph (2) exceed 5 years. The preceding sentence shall take effect as of the date of the enactment of the Poison Center Support, Enhancement, and Awareness Act of 2008. ``(e) Supplement Not Supplant.--Amounts made available to a poison control center under this section shall be used to supplement and not supplant other Federal, State or local funds provided for such center. ``(f) Maintenance of Effort.--A poison control center, in utilizing the proceeds of a grant under this section, shall maintain the expenditures of the center for activities of the center at a level that is not less than the level of expenditures maintained by the center for the fiscal year preceding the fiscal year for which the grant is received. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $27,500,000 for fiscal year 2009, and $28,600,000 for each of fiscal years 2010 through 2014. The Secretary may utilize not to exceed 8 percent of the amount appropriated under this preceding sentence in each fiscal year for coordination, dissemination, technical assistance, program evaluation, data activities, and other program administration functions that do not include grants, contracts, or cooperative agreements under subsections (a) and (b), which are determined by the Secretary to be appropriate for carrying out the program under this section.''. (b) Effective Date.--The amendment made by this section shall be effective as of the date of the enactment of this Act and shall apply to grants made on or after January 1, 2009. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Poison Center Support, Enhancement, and Awareness Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to provide coordination and assistance for the maintenance of the nationwide toll-free phone number to access poison control centers. Requires the Secretary to carry out and expand upon a national media campaign to educate the public and health care providers about poison prevention and the availability of poison control center resources in local communities. Authorizes the Secretary to enter into contracts with nationally recognized organizations in the field of poison control and national media firms for the development and implementation of a nationwide poison prevention and poison control center awareness campaign. Expands the poison control center grant program to allow the Secretary to award grants for poison control centers to comply with the operational requirements needed to sustain certification. Adds as the purposes for which such grants may be used: (1) to establish and evaluate best practices in the United States for poison prevention, poison control center outreach, and emergency and preparedness programs; (2) to implement standard patient management guidelines for commonly encountered toxic exposures; (3) to develop, support, and enhance technology and capabilities of professional organizations in the field of poison control to collect national poisoning, toxic occurrence, and related public health data; and (4) to develop initiatives to foster the enhanced public health utilization of national poison data. Eliminates matching requirements for such grants. Authorizes appropriations for FY2009-FY2014."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Guam War Claims Review Commission Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is hereby established a commission to be known as the ``Guam War Claims Review Commission'' (in this Act referred to as the ``Commission''). (b) Members.--The Commission shall be composed of five members who by virtue of their background and experience are particularly suited to contribute to the achievement of the purposes of the Commission. The members shall be appointed by the Secretary of the Interior not later than 60 days after funds are made available for this Act. Two of the members shall be selected as follows: (1) One member appointed from a list of three names submitted by the Governor of Guam. (2) One member appointed from a list of three names submitted by the Guam Delegate to the United States House of Representatives. (c) Chairperson.--The Commission shall select a Chairman from among its members. The term of office shall be for the life of the Commission. (d) Compensation.--Notwithstanding section 3, members of the Commission shall not be paid for their service as members, but in the performance of their duties, shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Vacancy.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. SEC. 3. EMPLOYEES. The Commission may appoint an executive director and other employees as it may require. The executive director and other employees of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Section 3161 of title 5, United States Code, shall apply to the executive director and other employees of the Commission. SEC. 4. ADMINISTRATIVE. The Secretary of the Interior shall provide the Commission, on a reimbursable basis, such administrative support services as the Commission may request. SEC. 5. DUTIES OF COMMISSION. The Commission shall-- (1) review the facts and circumstances surrounding the implementation and administration of the Guam Meritorious Claims Act and the effectiveness of such Act in addressing the war claims of American nationals residing on Guam between December 8, 1941, and July 21, 1944; (2) review all relevant Federal and Guam territorial laws, records of oral testimony previously taken, and documents in Guam and the Archives of the Federal Government regarding Federal payments of war claims in Guam; (3) receive oral testimony of persons who personally experienced the taking and occupation of Guam by Japanese military forces, noting especially the effects of infliction of death, personal injury, forced labor, forced march, and internment; (4) determine whether there was parity of war claims paid to the residents of Guam under the Guam Meritorious Claims Act as compared with awards made to other similarly affected United States citizens or nationals in territory occupied by the Imperial Japanese military forces during World War II; (5) advise on any additional compensation that may be necessary to compensate the people of Guam for death, personal injury, forced labor, forced march, and internment; and (6) not later than 9 months after the Commission is established submit a report, including any comments or recommendations for action, to the Secretary of the Interior, the Committee on Resources and the Committee on the Judiciary of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on the Judiciary of the Senate. SEC. 6. POWERS OF THE COMMISSION. (a) Authority of Chairman.--Subject to general policies that the Commission may adopt, the Chairman of the Commission-- (1) shall exercise the executive and administrative powers of the Commission; and (2) may delegate such powers to the staff of the Commission. (b) Hearings and Sessions.--For the purpose of carrying out its duties under section 5, the Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-15 of the General Schedule. The services of an expert or consultant may be procured without compensation if the expert or consultant agrees to such an arrangement, in writing, in advance. (d) Support of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may provide support to the Commission to assist it in carrying out its duties under section 5. SEC. 7. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after submission of its report under section 5(6). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $500,000 to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Guam War Claims Review Commission Act - Establishes the Guam War Claims Review Commission to: (1) review the facts and circumstances surrounding the implementation and administration of the Guam Meritorious Claims Act and its effectiveness in addressing the war claims of American nationals residing on Guam between December 8, 1941, and July 21, 1944; (2) determine after review of documents and oral testimony whether there was parity of war claims paid to Guam residents under such Act as compared with awards made to other similarly affected U.S. citizens or nationals in territory occupied by the Japanese during World War II; and (3) advise on any additional compensation that may be necessary to compensate the people of Guam for death, personal injury, forced labor, forced march, and internment.Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Recovery Through Oversight of Proprietary Trading Act of 2010'' or the ``PROP Trading Act''. SEC. 2. PROHIBITIONS ON PROPRIETARY TRADING AND CERTAIN RELATIONSHIPS WITH HEDGE FUNDS AND PRIVATE EQUITY FUNDS; CONFLICTS OF INTEREST. The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is amended by inserting after section 5 the following: ``SEC. 6. PROHIBITIONS ON PROPRIETARY TRADING AND CERTAIN RELATIONSHIPS WITH HEDGE FUNDS AND PRIVATE EQUITY FUNDS. ``(a) In General.-- ``(1) Prohibition.--Unless otherwise provided in this section, a banking entity shall not-- ``(A) engage in proprietary trading; or ``(B) take or retain any equity, partnership, or other ownership interest in or sponsor a hedge fund or a private equity fund. ``(2) Specified nonbank financial companies.--Any specified nonbank financial company that engages in proprietary trading or takes or retains any equity, partnership, or other ownership interest in or sponsors a hedge fund or a private equity fund shall be subject to additional capital requirements for and additional quantitative limits on such proprietary trading and taking or retaining any equity, partnership, or other ownership interest in or sponsorship of a hedge fund or a private equity fund. ``(b) Regulations.--Not later than 180 days after the date of enactment of this section, the Board and the Federal Deposit Insurance Corporation shall, in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission, jointly adopt rules to effectuate the provisions of this section. Such rules shall give full effect to the prudential intent of the Congress regarding this section. ``(c) Effective Date.-- ``(1) In general.--The provisions of this section shall take effect 18 months after the date of adoption of final rules under subsection (b), but not later than 24 months after the date of enactment of the PROP Trading Act. ``(2) Transition period.--The Board and the Federal Deposit Insurance Corporation shall provide a grace period, not to exceed 24 months after the date of enactment of the PROP Trading Act, during which subsection (a) shall not apply to banking entities and specified nonbank financial companies, so that such entities and companies may come into compliance with this section. ``(d) Excluded Activities.-- ``(1) In general.--Subject to the limitations of paragraph (2), in promulgating rules pursuant to subsection (b), the Board and the Federal Deposit Insurance Corporation may exclude from the restrictions of subsection (a) any transaction, class of transactions, or activity (in this section referred to as `excluded activities'), including but not limited to-- ``(A) the purchase or sale of obligations of the United States or any agency thereof, obligations, participations, or other instruments of, or, issued by the Government National Mortgage Association, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation, and obligations of any State or, of any political subdivision thereof; ``(B) underwriting and market-making to serve clients, customers, or counterparties; ``(C) risk-mitigating hedging activities; ``(D) investment in one or more small business investment companies or investments designed primarily to promote the public welfare, as provided in paragraph (11) of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24); and ``(E) proprietary trading conducted by a person pursuant to paragraph (9) or (13) of section 4(c), provided that the trading occurs solely outside of the United States and that the person is not directly or indirectly controlled or beneficially owned by a United States person. ``(2) Limitation on excluded activities.--No transaction, class of transactions, or activity may be deemed an excluded activity under paragraph (1) if it-- ``(A) would result in a material conflict of interest between the banking entity or the nonbank financial company and its clients, customers, or counterparties; ``(B) would result, directly or indirectly, in exposure to high risk assets or high risk trading strategies, as such terms are defined jointly by rule by the Board and the Federal Deposit Insurance Corporation; ``(C) would pose a threat to the safety and soundness of such banking entity or the nonbank financial company; or ``(D) would pose a threat to the financial stability of the United States. ``(e) Limitations on Relationships With Hedge Funds and Private Equity Funds.-- ``(1) In general.--No banking entity that serves, directly or indirectly, as the investment manager or investment adviser to a hedge fund or private equity fund may enter into a covered transaction, as defined in section 23A of the Federal Reserve Act (12 U.S.C. 371c) with, or provide custody, securities lending, or other prime brokerage services to, such person. ``(2) Treatment as member bank.--A banking entity that serves, directly or indirectly, as the investment manager or investment adviser to a hedge fund or private equity fund shall be subject to section 23B of the Federal Reserve Act (12 U.S.C. 371c-1), as if such person were a member bank and such hedge fund or private equity fund were an affiliate thereof. ``(f) Limitation on Contrary Authority.--No activity that is authorized for a banking entity or a specified nonbank financial company under any other provision of law may be engaged in, directly or indirectly, by a banking entity or a specified financial company under such authority or under any other provision of law, if such activity is prohibited or restricted under this section. ``(g) Rule of Construction.--Nothing in this section may be construed to limit the inherent authority of any other Federal agency under otherwise applicable provisions of law. ``(h) Definitions.-- ``(1) Proprietary trading.-- ``(A) In general.--As used in this section, the term `proprietary trading' means engaging as a principal in any transaction to purchase or sell, or which would put capital at risk as a principal in or related to any stock, bond, option, contract of sale of a commodity for future delivery, swap, security-based swap, or any other security or financial instrument which the Board and the Federal Deposit Insurance Corporation shall jointly, by rule, determine. ``(B) Consideration.--The Board and the Federal Deposit Insurance Corporation shall, prior to the adoption of rules pursuant to this subsection, consider, in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission-- ``(i) the length of time that the relevant asset or combination of assets is held; ``(ii) the size and direction of the inventory of the relevant asset, relative to the size and direction of client demand in the relevant asset; ``(iii) whether the asset is for investment or trading purposes; ``(iv) any leverage applied to or embedded in an asset; ``(v) the maximum loss exposure of an asset; ``(vi) the total holdings of assets for market-making purposes; ``(vii) the total holdings of over-the- counter derivatives; ``(viii) the total leverage of the institution; and ``(ix) any other factors that the Board and the Federal Deposit Insurance Corporation may determine appropriate. ``(2) Banking entity.--The term `banking entity' means any insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)), person that controls an insured depository institution, bank holding company, institution that is treated as a bank holding company for purposes of any other provision of law, and any affiliate or subsidiary of any such entity. ``(3) Specified nonbank financial company.--The term `specified nonbank financial company' means any U.S. nonbank financial company or foreign nonbank financial company subject to prudential supervision by the Board. ``(4) Investment company related terms.--The terms `hedge fund' and `private equity fund' mean a company or other entity that is exempt from registration as an investment company pursuant to section 3(c)(1) or 3(c)(7) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(1) or 80a-3(c)(7)), or such similar funds as determined appropriate by the Board. ``(5) Sponsoring.--The term `sponsoring' a fund means-- ``(A) serving as a general partner, managing member, or trustee of a fund; ``(B) in any manner selecting or controlling (or having employees, officers, or directors, or agents who constitute) a majority of the directors, trustees, or management of a fund; or ``(C) sharing with a fund, for corporate, marketing, promotional, or other purposes, the same name or a variation of the same name.''. SEC. 3. CONFLICTS OF INTEREST IN SECURITIZATION. The Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended by inserting after section 27A the following: ``SEC. 27B. CONFLICTS OF INTEREST RELATING TO CERTAIN SECURITIZATIONS. ``(a) In General.--An underwriter, placement agent, initial purchaser, or sponsor of an asset-backed security, shall not, during such period as the asset-backed security is outstanding and held by investors that are unaffiliated with such underwriter, placement agent, initial purchaser, or sponsor, engage in any transaction that would-- ``(1) give rise to any material conflict of interest with respect to any investor in a transaction arising out of such activity; or ``(2) undermine the value, risk, or performance of the asset-backed security. ``(b) Commission Rules.--Not later than 180 days after the date of enactment of this section, the Commission shall, by rule, impose restrictions on the timing and extent of proprietary trading by an underwriter, placement agent, initial purchaser, or sponsor and any affiliates or subsidiaries of such entity in any securities, security- based swaps, or similar financial instruments that are derived from, or related to, an asset-backed security for which the entity, its affiliate, or its subsidiary acts as underwriter, placement agent, initial purchaser, or sponsor.''.", "summary": "Protect Our Recovery Through Oversight of Proprietary Trading Act of 2010 or the PROP Trading Act - Amends the Bank Holding Company Act of 1956 to prohibit a banking entity from: (1) engaging in proprietary trading; or (2) having an ownership interest in or sponsoring a hedge fund or a private equity fund. Subjects any specified nonbank financial company holding such proprietary trading and ownership interests to additional capital requirements and additional quantitative limits. Directs the Board of Governors of the Federal Reserve System (Board) and the Federal Deposit Insurance Corporation (FDIC) to adopt rules jointly to implement this Act. Authorizes the Board and the FDIC to exclude from such prohibitions specified transactions or activities, including: (1) the purchase or sale of obligations of the United States or any federal agency; (2) instruments issued by the Government National Mortgage Association (Ginnie Mae), the Federal National Mortgage Association (Fannie Mae), and the Federal Home Loan Mortgage Corporation (Freddie Mac); and (3) obligations of any state or its political subdivision. Prohibits from the class of excluded activities any transactions that would: (1) result in a material conflict of interest between the banking entity or the nonbank financial company and its clients, customers, or counterparties; (2) result in exposure to high risk assets or high risk trading strategies; (3) threaten the safety and soundness of a banking entity or the nonbank financial company; or (4) threaten the financial stability of the United States. Prohibits any banking entity that serves, directly or indirectly, as the investment manager or investment adviser to a hedge fund or private equity fund from entering into a covered transaction with, or provide custody, securities lending, or other prime brokerage services to, such person. Treats a banking entity that serves as investment manager or investment adviser to a hedge fund or private equity fund as if: (1) it were a member bank subject to the Federal Reserve Act; and (2) the hedge fund or private equity fund were an affiliate thereof. Amends the Securities Act of 1933 to prohibit an underwriter, placement agent, initial purchaser, or sponsor of an asset-backed security, while the security is outstanding and held by unaffiliated investors, from engaging in any transaction that would: (1) give rise to any material conflict of interest with respect to any investor; or (2) undermine the value, risk, or performance of such security"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Concussion Awareness and Education Act of 2015''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings; purposes. Sec. 4. Surveillance of sports-related concussions. Sec. 5. Research. Sec. 6. Dissemination of information. Sec. 7. Concussion Research Commission. SEC. 3. FINDINGS; PURPOSES. (a) Findings.--The Congress finds as follows: (1) There is currently no comprehensive system for acquiring accurate data on the incidence of sports- and recreation-related concussions across youth age groups and sports. (2) Overall, according to a report entitled ``Sports- Related Concussions in Youth: Improving the Science, Changing the Culture'', issued by the National Academies in 2013, each year in the United States, there are approximately 1.6 to 3.8 million sports- and recreation-related traumatic brain injuries, including concussions and other head injuries. These figures are based on conservative estimates. (3) Between 2001 and 2009, the reported number of our youth ages 21 and under treated in an emergency department for concussion and other non-fatal sports and recreation-related traumatic brain injuries increased from 150,000 to 250,000. (4) Over the same time period between 2001 and 2009, the rate of emergency room visits for concussive injuries increased by 57 percent. (5) Yet, according to the National Academies there currently is-- (A) a lack of data to accurately estimate the incidence of sports-related concussions across a variety of sports and for youth across the pediatric age spectrum; and (B) no comprehensive system for acquiring accurate data on the incidence of sports- and recreation-related concussions across all youth age groups and sports. (6) Currently, there are significant information gaps in the proper protocol for diagnosis and treatment of sports- related concussions and more research desperately is needed. (b) Purposes.--The purposes of this Act are-- (1) to increase awareness and knowledge about concussions through development of, implementation of, and evaluation of the effectiveness of, large-scale collaborative efforts and research by entities including, but not limited to, national sports associations, State high school associations, trainers' associations, appropriate Federal entities, and other stakeholders such as parents, coaches, and students; and (2) to change the culture (including social norms, attitudes, and behaviors) surrounding concussions among elementary school youth and their parents, coaches, sports officials, educators, trainers, and health care professionals, taking into account demographic variations across population groups, where appropriate. SEC. 4. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS. Title III of the Public Health Service Act is amended by inserting after section 317T of such Act (42 U.S.C. 247b-22) the following: ``SEC. 317U. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS. ``(a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, and taking into account other Federal data collection efforts, shall-- ``(1) establish and oversee a national system to accurately determine the incidence of sports-related concussions among youth; and ``(2) begin implementation of such system not later than 1 year after the date of enactment of the Concussion Awareness and Education Act of 2015. ``(b) Data To Be Collected.--The data collected under subsection (a) shall, to the extent feasible, include each of the following: ``(1) The incidence of sports related concussions in individuals 5 through 21 years of age. ``(2) Demographic information of the injured individuals, including age, sex, race, and ethnicity. ``(3) Pre-existing conditions of the injured individuals, such as attention deficit hyperactivity disorder and learning disabilities. ``(4) The concussion history of the injured individuals, such as the number and dates of prior concussions. ``(5) The use of protective equipment and impact monitoring devices. ``(6) The qualifications of personnel diagnosing the concussions. ``(7) The cause, nature, and extent of the concussive injury, including-- ``(A) the sport or activity involved; ``(B) the recreational or competitive level of the sport or activity involved; ``(C) the event type involved, including whether it was practice or competition; ``(D) the impact location on the body; ``(E) the impact nature, such as contact with a playing surface, another player, or equipment; and ``(F) signs and symptoms consistent with a concussion.''. SEC. 5. RESEARCH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. RESEARCH ON CONCUSSIONS IN YOUTH. ``Beginning not later than 1 year after the date of enactment of the Concussion Awareness and Education Act of 2015, the Director of NIH shall conduct or support-- ``(1) research designed to inform the creation of age- specific, evidence-based guidelines for the management of short- and long-term sequelae of concussion in youth; ``(2) research on the effects of concussions and repetitive head impacts on quality of life and the activities of daily living; ``(3) research to identify predictors, and modifiers of outcomes, of concussions in youth, including the influence of socioeconomic status, race, ethnicity, sex, and comorbidities; and ``(4) research on age- and sex-related biomechanical determinants of injury risk for concussion in youth, including how injury thresholds are modified by the number of and time interval between head impacts and concussions.''. SEC. 6. DISSEMINATION OF INFORMATION. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding concussions. (b) Arrangements With Other Entities.--In carrying out paragraph (1), the Secretary may disseminate information through arrangements with nonprofit organizations, consumer groups, Federal, State, or local agencies, or the media. SEC. 7. CONCUSSION RESEARCH COMMISSION. (a) Establishment.--There is established a Concussion Research Commission (referred to in this section as the ``Commission''). (b) Membership.-- (1) Appointment.--The Commission shall be composed of the following nine members: (A) Five shall be appointed by the President. (B) One shall be appointed by the Speaker of the House of Representatives. (C) One shall be appointed by the minority leader of the House of Representatives. (D) One shall be appointed by the majority leader of the Senate. (E) One shall be appointed by the minority leader of the Senate. (2) Qualifications.--To be eligible for appointment under paragraph (1), an individual shall-- (A) have experience with research, treatment, and prevention with respect to all types of concussive injuries; and (B) be a leading medical or scientific expert, or an otherwise authoritatively qualified expert, in one or more relevant fields. (3) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (4) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) No pay.--The members of the Commission shall serve without pay. Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (6) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (7) Resources.--The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Committee to carry out its responsibilities. (c) Meetings.--The Commission shall meet at least 4 times each year. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist in carrying out this section. (e) Study.--The Commission shall-- (1) study the programs and activities conducted pursuant to this Act; and (2) based on the results of such programs and activities, formulate systemic recommendations for furthering the purposes of this Act, as described in section 3(b). (f) Review of National Academies Report.--The Commission shall review the report of the National Academies entitled ``Sports-Related Concussions in Youth: Improving the Science, Changing the Culture'' and recommend corrections or updates to such report, as the Commission determines appropriate. (g) Reporting.-- (1) Interim reports.--Every 6 months, the Commission shall submit to the appropriate committees of Congress an interim report on the Commission's activities. (2) Final report.--Not later than 36 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress, and make available to the public, a final report on the results of the Commission's study under subsection (e) and review under subsection (f). (h) Termination.--The Commission shall terminate upon the date of submission of the final report required by subsection (g)(2), unless the Secretary of Health and Human Services chooses to maintain the Commission beyond such date.", "summary": "Concussion Awareness and Education Act of 2015 Amends the Public Health Service Act to require the Centers for Disease Control and Prevention (CDC) to: (1) establish and oversee a national system to accurately determine the incidence of sports-related concussions among youth, and (2) begin implementation of such system within one year of this Act's enactment. Requires the data collected to include: the incidence of sports related concussions in individuals 5 through 21 years of age; demographic information of the injured individuals; pre-existing conditions of the injured individuals; the concussion history of the injured individuals; the use of protective equipment and impact monitoring devices; the qualifications of personnel diagnosing the concussions; and the cause, nature, and extent of the concussive injury. Requires the National Institutes of Health to conduct or support: research designed to inform the creation of guidelines for the management of short- and long-term sequelae of concussion in youth; research on the effects of concussions and repetitive head impacts on quality of life and the activities of daily living; research to identify predictors, and modifiers of outcomes, of concussions in youth; and research on age- and sex-related biomechanical determinants of injury risk for concussion in youth. Requires CDC to develop and disseminate to the public information regarding concussions. Establishes a Concussion Research Commission, which shall study the programs and activities conducted pursuant to this Act and formulate systemic recommendations to increase knowledge about, and change the culture surrounding, concussions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability and Responsibility in Contracting Act''. SEC. 2. INELIGIBILITY OF EXPATRIATED CORPORATIONS FOR FEDERAL CONTRACT AWARDS. (a) In General.--No acquiring corporation or any subsidiary of such a corporation that enters into a corporate expatriation transaction shall be eligible to be awarded a Federal contract. (b) Period of Ineligibility.--The period of ineligibility under subsection (a) shall be 3 years, beginning on the date of completion of the corporate expatriation transaction. (c) Exception for Repatriated Corporations.--If an acquiring corporation reorganizes as a domestic corporation within one year after the date of the enactment of this Act under the applicable incorporation laws of a State, subsection (a) shall not apply. (d) Definitions.--In this Act: (1) Corporate expatriation transaction.--(A) The term ``corporate expatriation transaction''-- (i) means any transaction if-- (I) a foreign corporation (referred to in this section as the ``acquiring corporation'') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation; and (II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; and (ii) includes any transaction if-- (I) a foreign corporation acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership; (II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnership (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction); and (III) the acquiring corporation meets the requirements of clauses (i) and (ii) of subparagraph (B). (B) Subclause (II) of subparagraph (A)(i) shall be applied by substituting ``50 percent'' for ``80 percent'' with respect to any foreign corporation if-- (i) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized; and (ii) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. (C) For purposes of this paragraph-- (i) a series of related transactions shall be treated as 1 transaction; and (ii) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. (2) Domestic.--The term ``domestic'' means created or organized in the United States or under the law of the United States or of any State. (3) Expanded affiliated group.--The term ``expanded affiliated group'' means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986, without regard to section 1504(b) of such Code. (e) Applicability.--This section shall apply with respect to a corporate expatriation transaction occurring before, on, or after the date of the enactment of this Act. (f) Waiver.-- (1) In general.--Subject to paragraph (2), the President may waive this section with respect to any specific contract if the President certifies to Congress that the waiver is required in the interest of national security. (2) Report.--The President may not carry out a waiver under paragraph (1) until a period of 30 days has expired after the President submits to Congress a report containing the certification described in paragraph (1) and setting forth the rationale for the waiver. SEC. 3. INELIGIBILITY FOR FEDERAL CONTRACT AWARDS OF COMPANIES DOING BUSINESS WITH, AND COMPANIES WITH FOREIGN SUBSIDIARIES DOING BUSINESS WITH, STATE SPONSORS OF TERRORISM OR FOREIGN TERRORIST ORGANIZATIONS. (a) In General.--No entity doing business with a state sponsor of terrorism or foreign terrorist organization, and no entity with a foreign subsidiary doing business with a state sponsor of terrorism or foreign terrorist organization, shall be eligible to be awarded a Federal contract. (b) Period of Ineligibility.--The period of ineligibility under subsection (a), as determined by the head of the executive agency entering into the contract concerned, in cooperation with the Secretary of State, shall be-- (1) 3 years for a first offense; (2) 10 years for a second offense; and (3) 15 years for any offense after a second offense, beginning on the date of certification under subsection (c) or (d). (c) Certification for Current Contracts.--Each executive agency shall require, for each contract with the agency that is in effect on the date of the enactment of this Act, that the contractor certify in writing that the contractor, the contractor's domestic parent company, and all other domestic subsidiaries of the domestic parent company did not do business, and did not own a foreign subsidiary that did business, during the 10-year period ending on the date of the enactment of this Act, with a state sponsor of terrorism or a foreign terrorist organization. A certification that the contractor, the parent, or other subsidiaries did do such business, or did own one or more foreign subsidiaries that did such business, shall be considered a first offense under subsection (b). (d) Certification for Future Contracts.--Each executive agency shall require, as a condition of entering into a contract after the date of the enactment of this Act, that a potential contractor certify in writing that the potential contractor, the potential contractor's domestic parent company, and all other domestic subsidiaries of the domestic parent company is not doing business, and does not own a foreign subsidiary that is doing business, or has done business within the last ten years, with a state sponsor of terrorism or a foreign terrorist organization. Each certification that the potential contractor, the parent, or other subsidiaries is doing such business, or owned one or more foreign subsidiaries doing such business currently or in the last ten years, shall be considered a separate offense under subsection (b). (e) Complaints.-- (1) In general.--Citizens may file complaints with executive agencies regarding Federal contractors. (2) Report.--The head of each executive agency shall submit to Congress an annual report on the complaints received by citizens under this subsection, including the nature of the complaint and the manner in which the agency handled the complaint. (f) Definitions.--In this section: (1) Executive agency.--The term ``executive agency'' has the meaning provided in section 102 of title 31, United States Code. (2) Foreign subsidiary.--The term ``foreign subsidiary'' means any foreign entity owned or controlled (directly or indirectly) by a potential contractor. (3) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means any government which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has provided support for acts of international terrorism. (4) Foreign terrorist organization.--The term ``foreign terrorist organization'' means a foreign terrorist organization designated under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).", "summary": "Accountability and Responsibility in Contracting Act - Prohibits any acquiring corporation or any subsidiary of any such a corporation that enters into a corporate expatriation transaction (as defined by this Act) from being eligible to be awarded a Federal contract for a three-year period, unless the acquiring corporation reorganizes as a domestic corporation under the applicable incorporation laws of a State. Prohibits any entity and any entity with a foreign subsidiary doing business with a state sponsor of terrorism or foreign terrorist organization from being eligible to be awarded a Federal contract for a period of: (1) three years for a first offense; (2) ten years for a second offense; and (3) 15 years for any offense after a second offense. Directs each executive agency to require certification from a current contractor that the contractor, the contractor's domestic parent company and all other domestic subsidiaries of the parent did not do business, and did not own a foreign subsidiary that did business, during the ten-year period ending on this Act's enactment with such a state sponsor or organization. Directs each executive agency to require certification from a potential contractor, that the potential contractor, the potential contractor's domestic parent company, and all other domestic subsidiaries of the parent is not doing business, and does not own a foreign subsidiary that is doing business, or has done business within the last ten years, with such a state sponsor or organization. Permits citizens to file complaints with executive agencies regarding Federal contractors and requires annual reporting on the complaints to Congress."}
{"article": "SECTION 1. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM. Chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq.) is amended by inserting after section 402H of such Act (20 U.S.C. 1070a-18) the following: ``SEC. 402I. LEGAL EDUCATIONAL OPPORTUNITY PROGRAM. ``(a) Program Authority.--The Secretary shall carry out a program to be known as the `Thurgood Marshall Legal Educational Opportunity Program' designed to provide low-income, minority, or disadvantaged college students with the information, preparation, and financial assistance to gain access to and complete law school study. ``(b) Eligibility.--A college student is eligible for assistance under this section if the student is-- ``(1) from a low-income family; ``(2) a minority; or ``(3) from an economically or otherwise disadvantaged background. ``(c) Contract or Grant Authorized.--The Secretary is authorized to enter into a contract with, or make a grant to, the Council on Legal Education Opportunity, for a period of not less than 5 years-- ``(1) to identify college students who are from low-income families, are minorities, or are from disadvantaged backgrounds described in subsection (b)(3); ``(2) to prepare such students for study at accredited law schools; ``(3) to assist such students to select the appropriate law school, make application for entry into law school, and receive financial assistance for such study; ``(4) to provide support services to such students who are first-year law students to improve retention and success in law school studies; and ``(5) to motivate and prepare such students with respect to law school studies and practice in low-income communities. ``(d) Services Provided.--In carrying out the purposes described in subsection (c), the contract or grant shall provide for the delivery of services through prelaw information resource centers, summer institutes, midyear seminars, and other educational activities, conducted under this section. Such services may include-- ``(1) information and counseling regarding-- ``(A) accredited law school academic programs, especially tuition, fees, and admission requirements; ``(B) course work offered and required for graduation; ``(C) faculty specialties and areas of legal emphasis; ``(D) undergraduate preparatory courses and curriculum selection; ``(2) tutoring and academic counseling, including assistance in preparing for bar examinations; ``(3) prelaw mentoring programs, involving law school faculty, members of State and local bar associations, and retired and sitting judges, justices, and magistrates; ``(4) assistance in identifying preparatory courses and material for the law school aptitude or admissions tests; ``(5) summer institutes for Thurgood Marshall Fellows that expose the Fellows to a rigorous curriculum that emphasizes abstract thinking, legal analysis, research, writing, and examination techniques; and ``(6) midyear seminars and other educational activities that are designed to reinforce reading, writing, and studying skills of Thurgood Marshall Fellows. ``(e) Duration of the Provision of Services.--The services described in subsection (d) may be provided-- ``(1) prior to the period of law school study; ``(2) during the period of law school study; and ``(3) during the period following law school study and prior to taking a bar examination. ``(f) Subcontracts and Subgrants.--For the purposes of planning, developing, or delivering one or more of the services described in subsection (d), the Council on Legal Education Opportunity shall enter into subcontracts with, and make subgrants to, institutions of higher education, law schools, public and private agencies and organizations, and combinations of such institutions, schools, agencies, and organizations. ``(g) Stipends.--The Secretary shall annually establish the maximum stipend to be paid (including allowances for participant travel and for the travel of the dependents of the participant) to Thurgood Marshall Fellows for the period of participation in summer institutes and midyear seminars. A Fellow may be eligible for such a stipend only if the Fellow maintains satisfactory academic progress toward the Juris Doctor or Bachelor of Laws degree, as determined by the respective institutions. ``(h) Maximum Level.--For any year for which an appropriation is made to carry out this chapter, the Secretary shall allocate not more than $5,000,000 for the purpose of providing the services described in subsection (d).''.", "summary": "Amends the Higher Education Act of 1965 to direct the Secretary of Education to carry out a Thurgood Marshall Legal Educational Opportunity Program to provide low-income, minority, or disadvantaged college students with information, preparation, and financial assistance to gain access to and complete law school study. Authorizes the Secretary to contract with, or make a grant to, the Council on Legal Education Opportunity, for at least a five-year period, to deliver specified services under such program, directly and through subgrants and subcontracts. Directs the Secretary to establish annually the maximum stipend to be paid to Thurgood Marshall Fellows for the period of prelaw preparation in summer institutes and midyear seminar prior to and during the period of law school study. Sets forth the maximum amount of grants for such program services for any fiscal year."}
{"article": "SECTION 1. CONTINUATION OF SURVIVOR ANNUITIES FOR REMARRIED SPOUSES OF FEDERAL PUBLIC SAFETY OFFICERS KILLED IN THE LINE OF DUTY. (a) Short Title.--This Act may be cited as the ``Federal Public Safety Officer Surviving Spouse Protection Act of 2005''. (b) Civil Service Retirement System.--Section 8341 of title 5, United States Code, is amended-- (1) in subsection (b)(3)(B) by striking ``subsection (k)'' and inserting ``subsection (j)''; (2) in subsection (d) in clause (ii) of the last undesignated sentence by striking ``subsection (k)'' and inserting ``subsection (j)''; (3) in subsection (h)(3)(B)(i) by striking ``subsection (k)'' and inserting ``subsection (j)''; and (4) by striking subsection (k) and inserting the following: ``(j)(1) In this subsection, the term `Federal public safety officer' means-- ``(A) a law enforcement officer; or ``(B) an employee participating under this chapter who is-- ``(i) a public safety officer as defined under section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); or ``(ii) an employee of the Department of the Treasury who is performing official duties of the Department in an area, if those official duties-- ``(I) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and ``(II) are determined by the Secretary of the Treasury to be hazardous duties. ``(2) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent that they provide for termination of a survivor annuity because of a remarriage before the age of 55 years) shall not apply if-- ``(A) the widow, widower, or former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based; or ``(B) in the case of a widow or widower the individual on whose service the survivor annuity is based was a Federal public safety officer who was killed in the line of duty. ``(3) A remarriage described under paragraph (2) shall not be taken into account for purposes of section 8339(j)(5) (B) or (C) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.''. (c) Federal Employees Retirement System.--Section 8442(d) of title 5, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3)(A) In this paragraph, the term `Federal public safety officer' means-- ``(i) a law enforcement officer; or ``(ii) an employee participating under this chapter who is-- ``(I) a public safety officer as defined under section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); or ``(II) an employee of the Department of the Treasury who is performing official duties of the Department in an area, if those official duties-- ``(aa) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and ``(bb) are determined by the Secretary of the Treasury to be hazardous duties. ``(B) Paragraph (1)(B) (relating to termination of a survivor annuity because of a remarriage before the age of 55 years) shall not apply if-- ``(i) the widow or widower was married for at least 30 years to the individual on whose service the survivor annuity is based; or ``(ii) the individual on whose service the survivor annuity is based was a Federal public safety officer who was killed in the line of duty.''. (d) Effective Date.--The amendments made by this Act shall take effect on January 1, 1988, and apply only to remarriages which occur on or after that date.", "summary": "Federal Public Safety Officer Surviving Spouse Protection Act of 2005 - Revises the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to permit, effective as of January 1, 1988, and only for remarriages occurring on or after that date, remarried widows and widowers of Federal public safety officers who are killed in the line of duty to continue to receive a survivor annuity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Death Penalty Abolition Act of 1999''. SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING FOR THE DEATH PENALTY. (a) Homicide-Related Offenses.-- (1) Murder related to the smuggling of aliens.--Section 274(a)(1)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(B)(iv)) is amended by striking ``punished by death or''. (2) Destruction of aircraft, motor vehicles, or related facilities resulting in death.--Section 34 of title 18, United States Code, is amended by striking ``to the death penalty or''. (3) Murder committed during a drug-related drive-by shooting.--Section 36(b)(2)(A) of title 18, United States Code, is amended by striking ``death or'' (4) Murder committed at an airport serving international civil aviation.--Section 37(a) of title 18, United States Code, is amended, in the matter following paragraph (2), by striking ``punished by death or''. (5) Civil rights offenses resulting in death.--Chapter 13 of title 18, United States Code, is amended-- (A) in section 241, by striking ``, or may be sentenced to death''; (B) in section 242, by striking ``, or may be sentenced to death''; (C) in section 245(b), by striking ``, or may be sentenced to death''; and (D) in section 247(d)(1), by striking ``, or may be sentenced to death''. (6) Murder of a member of congress, an important executive official, or a supreme court justice.--Section 351 of title 18, United States Code, is amended-- (A) in subsection (b)(2), by striking ``death or''; and (B) in subsection (d)(2), by striking ``death or''. (7) Death resulting from offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce.--Section 844 of title 18, United States Code, is amended-- (A) in subsection (d), by striking ``or to the death penalty''; (B) in subsection (f)(3), by striking ``subject to the death penalty, or''; (C) in subsection (i), by striking ``or to the death penalty''; and (D) in subsection (n), by striking ``(other than the penalty of death)''. (8) Murder committed by use of a firearm during commission of a crime of violence or a drug trafficking crime.--Section 924(j)(1) of title 18, United States Code, is amended by striking ``by death or''. (9) Genocide.--Section 1091(b)(1) of title 18, United States Code, is amended by striking ``death or''. (10) First degree murder.--Section 1111(b) of title 18, United States Code, is amended by striking ``by death or''. (11) Murder by a federal prisoner.--Section 1118 of title 18, United States Code, is amended-- (A) in subsection (a), by striking ``by death or''; and (B) in subsection (b), in the third undesignated paragraph-- (i) by inserting ``or'' before ``an indeterminate''; and (ii) by striking ``, or an unexecuted sentence of death''. (12) Murder of a state or local law enforcement official or other person aiding in a federal investigation; murder of a state correctional officer.--Section 1121 of title 18, United States Code, is amended-- (A) in subsection (a), by striking ``by sentence of death or''; and (B) in subsection (b)(1), by striking ``or death''. (13) Murder during a kidnaping.--Section 1201(a) of title 18, United States Code, is amended by striking ``death or''. (14) Murder during a hostage-taking.--Section 1203(a) of title 18, United States Code, is amended by striking ``death or''. (15) Murder with the intent of preventing testimony by a witness, victim, or informant.--Section 1512(a)(2)(A) of title 18, United States Code, is amended by striking ``the death penalty or''. (16) Mailing of injurious articles with intent to kill or resulting in death.--Section 1716(i) of title 18, United States Code, is amended by striking ``to the death penalty or''. (17) Assassination or kidnaping resulting in the death of the president or vice president.--Section 1751 of title 18, United States Code, is amended-- (A) in subsection (b)(2), by striking ``death or''; and (B) in subsection (d)(2), by striking ``death or''. (18) Murder for hire.--Section 1958(a) of title 18, United States Code, is amended by striking ``death or''. (19) Murder involved in a racketeering offense.--Section 1959(a)(1) of title 18, United States Code, is amended by striking ``death or''. (20) Willful wrecking of a train resulting in death.-- Section 1992(b) of title 18, United States Code, is amended by striking ``to the death penalty or''. (21) Bank robbery-related murder or kidnaping.--Section 2113(e) of title 18, United States Code, is amended by striking ``death or''. (22) Murder related to a carjacking.--Section 2119(3) of title 18, United States Code, is amended by striking ``, or sentenced to death''. (23) Murder related to aggravated child sexual abuse.-- Section 2241(c) of title 18, United States Code, is amended by striking ``unless the death penalty is imposed,''. (24) Murder related to sexual abuse.--Section 2245 of title 18, United States Code, is amended by striking ``punished by death or''. (25) Murder related to sexual exploitation of children.-- Section 2251(d) of title 18, United States Code, is amended by striking ``punished by death or''. (26) Murder committed during an offense against maritime navigation.--Section 2280(a)(1) of title 18, United States Code, is amended by striking ``punished by death or''. (27) Murder committed during an offense against a maritime fixed platform.--Section 2281(a)(1) of title 18, United States Code, is amended by striking ``punished by death or''. (28) Terrorist murder of a united states national in another country.--Section 2332(a)(1) of title 18, United States Code, is amended by striking ``death or''. (29) Murder by the use of a weapon of mass destruction.-- Section 2332a of title 18, United States Code, is amended-- (A) in subsection (a), by striking ``punished by death or''; and (B) in subsection (b), by striking ``by death, or''. (30) Murder by act of terrorism transcending national boundaries.--Section 2332b(c)(1) of title 18, United States Code, is amended by striking ``by death, or''. (31) Murder involving torture.--Section 2340A(a) of title 18, United States Code, is amended by striking ``punished by death or''. (32) Murder related to a continuing criminal enterprise or related murder of a federal, state, or local law enforcement officer.--Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended-- (A) in each of subparagraphs (A) and (B) of subsection (e)(1), by striking ``, or may be sentenced to death''; (B) by striking subsections (g) and (h) and inserting the following: ``(g) [Reserved.] ``(h) [Reserved.]''; (C) in subsection (j), by striking `` and as to appropriateness in that case of imposing a sentence of death''; (D) in subsection (k), by striking ``, other than death,'' and all that follows before the period at the end and inserting ``authorized by law''; and (E) by striking subsections (l) and (m) and inserting the following: ``(l) [Reserved.] ``(m) [Reserved.]''. (33) Death resulting from aircraft hijacking.--Section 46502 of title 49, United States Code, is amended-- (A) in subsection (a)(2), by striking ``put to death or''; and (B) in subsection (b)(1)(B), by striking ``put to death or''. (b) Non-Homicide Related Offenses.-- (1) Espionage.--Section 794(a) of title 18, United States Code, is amended by striking ``punished by death or'' and all that follows before the period and inserting ``imprisoned for any term of years or for life''. (2) Treason.--Section 2381 of title 18, United States Code, is amended by striking ``suffer death, or''. (c) Repeal of Criminal Procedures Relating To Imposition of Death Sentence.-- (1) In general.--Chapter 228 of title 18, United States Code, is repealed. (2) Technical and conforming amendment.--The table of chapters for part II of title 18, United States Code, is amended by striking the item relating to chapter 228. SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SENTENCE. (a) In General.--Notwithstanding any other provision of law, no person may be sentenced to death or put to death on or after the date of enactment of this Act for any violation of Federal law . (b) Persons Sentenced Before Date of Enactment.--Notwithstanding any other provision of law, any person sentenced to death before the date of enactment of this Act for any violation of Federal law shall serve a sentence of life imprisonment without the possibility of parole.", "summary": "(Sec. 3) Prohibits sentencing to death or putting to death any person for any violation of Federal law. Directs that any person sentenced to death before the date of this Act's enactment for any such violation serve a sentence of life imprisonment without the possibility of parole."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Education and Training for Health Act of 2017'' or the ``EAT for Health Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) According to 2013 national health expenditure data, United States health care spending increased 3.6 percent to reach $2.9 trillion, or $9,255 per person, and accounted for 17.4 percent of Gross Domestic Product (GDP). (2) According to the Institute of Medicine, in 2012 estimates of health care costs attributed over 75 percent of national health expenditures to treatment for chronic diseases. (3) A March 2003 report from the World Health Organization concluded diet was a major cause of chronic diseases. (4) Seven out of 10 deaths among people in the United States each year are from chronic diseases such as cardiovascular disease, obesity, diabetes, and cancer. (5) According to the Centers for Disease Control and Prevention, in 2013 heart disease was the leading cause of death for American adults. Approximately 600,000 American adults die each year from cardiovascular disease. Coronary heart disease alone costs American taxpayers $108.9 billion each year. (6) Research has shown that following a healthful diet can not only reduce symptoms related to cardiovascular disease but can also actually reverse damage done to the arteries. (7) According to the Journal of the American Medical Association, two-thirds of adults in the United States are currently overweight, and half of those overweight individuals are obese. One in three children are overweight, and one-fifth of children are obese. The United States spends about $147 to $210 billion a year on obesity related diseases, including type 2 diabetes, hypertension, heart disease, and arthritis. (8) An estimated 29.1 million people in the United States have diabetes. Another 86 million American adults have prediabetes. The Centers for Disease Control and Prevention predicts that one in three children born in 2000 will develop diabetes at some point in their lives. Total estimated costs of diagnosed diabetes have increased 41 percent, to $245 billion in 2012 from $174 billion in 2007. (9) According to the American Cancer Society, there will be an estimated 1,658,370 new cancer cases diagnosed and 589,430 cancer deaths in the United States in 2015. That is equivalent to about 1,620 deaths per day and accounts for nearly 1 of every 4 deaths. The Agency for Healthcare Research and Quality (AHRQ) estimates that the direct medical costs for cancer in the United States in 2011 were $88.7 billion. (10) According to the Journal of the American College of Nutrition, in 2008 physicians felt inadequately trained to provide proper nutrition advice. Ninety-four percent felt nutrition counseling should be included during primary care visits, but only 14 percent felt adequately trained to provide such counseling. (11) A 1985 National Academy of Sciences report recommended that all medical schools require at least 25 contact hours of nutrition education. According to a 2009 national survey of medical colleges published in Academic Medicine, only 38 percent of medical schools met these minimum standards by requiring 25 hours of nutrition education as part of their general curricula in 2004. By 2010, that number had shrunk to 27 percent. In addition, 30 percent of United States medical schools required a dedicated nutrition course in 2004. Most recently, only 25 percent of such schools required such a course in 2010. (12) According to the Journal of Nutrition in Clinical Practice in 2010, more than half of graduating medical students felt their nutrition education was insufficient. (13) Recognizing the importance of nutrition, Healthy People 2020--the Federal Government's framework for a healthier Nation--includes a goal (NWS-6) to increase the proportion of physician office visits that include counseling or education related to nutrition or weight. According to Healthy People 2020, only 13.8 percent of physician office visits included counseling about nutrition or diet (2010 latest year available). (14) According to Mission: Readiness, one in four Americans cannot serve in the military due to weight. For those serving, the military discharged 4,300 active-duty personnel due to weight problems in 2012. (15) According to the Journal of American Health Promotion, the military spends well over $1 billion a year to treat weight-related health problems such as heart disease and diabetes through its TRICARE health insurance for active duty personnel, reservists, retirees and their families. (16) According to the Centers for Disease Control and Prevention, American Indian or Alaska Native adults are 60 percent more likely to be obese and over twice as likely as to have diabetes compared to White adults. (17) According to the Centers for Disease Control and Prevention, American Indian or Alaska Native adults have the highest rate of diabetes among all minority groups at 15.9 percent. SEC. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES GUIDELINES, AND FEDERAL AGENCIES ANNUAL REPORTS, RELATING TO CERTAIN PRIMARY CARE FEDERAL HEALTH PROFESSIONALS COMPLETING CONTINUING MEDICAL EDUCATION ON NUTRITION. (a) Guidelines.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidelines to Federal agencies for developing procedures and requirements to ensure that every primary care health professional employed full-time for such agencies have continuing education courses relating to nutrition (as described in subsection (c)). (b) Biannual Reports.--Not later than 18 months after the date of the enactment of this Act and each subsequent year, the head of each Federal agency that employs full-time primary care health professionals shall submit to Congress a report attesting, in a form and manner specified by the Secretary of Health and Human Services, to the extent to which the agency has adopted and encouraged the guidelines issued under subsection (a) with respect to such professionals employed by such agency during any portion of the previous year. If the agency, with respect to such previous year, did not fully adopt and encourage such guidelines with respect to such professionals, the head of the agency shall include in the report for the year the percentage of such professionals employed by such agency to furnish primary care services who completed continuing education courses relating to nutrition (as described in subsection (c)). (c) Continuing Education Relating to Nutrition.--For purposes of subsections (a) and (b), continuing education courses relating to nutrition shall include at least content on the role of nutrition in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, or cancer. (d) Definitions.--For purposes of this Act: (1) Continuing education.--The term ``continuing education'' is defined as courses that meet requirements for Continuing Medical Education (CME) or Continuing Education (CE) by medical or nurse practitioner professional organizations or certified accrediting bodies. (2) Nurse practitioner.--The term ``nurse practitioner'' has the meaning given such term in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5)). (3) Physician.--The term ``physician'' has the meaning given such term in section 1861(r)(1) of the Social Security Act (42 U.S.C. 1395x(r)(1)). (4) Primary care health professional.--The term ``primary care health professional'' means a physician or nurse practitioner who furnishes primary care services. (5) Primary care services.--The term ``primary care services'' has the meaning given such term in section 1842(i)(4) of the Social Security Act (42 U.S.C. 1395u(i)(4)), but shall include such services furnished by a nurse practitioner as would otherwise be included if furnished by a physician.", "summary": "Education and Training for Health Act of 2017 or the EAT for Health Act of 2017 This bill directs the Department of Health and Human Services to issue guidelines to federal agencies to ensure that federal, full time primary care health professionals have continuing education relating to nutrition. Agencies must annually report information including the extent to which they have adopted and encouraged the guidelines. The continuing education must: (1) include content on the role of nutrition in the prevention, management, and reversal of obesity, cardiovascular disease, diabetes, or cancer; and (2) meet requirements for continuing medical education or continuing education by medical or nurse practitioner professional organizations or certified accrediting bodies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Rebate Equalization Act of 2009''. SEC. 2. EXTENSION OF PRESCRIPTION DRUG DISCOUNTS TO ENROLLEES OF MEDICAID MANAGED CARE ORGANIZATIONS. (a) In General.--Section 1903(m)(2)(A) (42 U.S.C. 1396b(m)(2)(A)) is amended-- (1) in clause (xi), by striking ``and'' at the end; (2) in clause (xii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(xiii) such contract provides that (I) payment for covered outpatient drugs dispensed to individuals eligible for medical assistance who are enrolled with the entity shall be subject to the same rebate required by the agreement entered into under section 1927 as the State is subject to, and (II) capitation rates paid to the entity shall be based on actual cost experience related to rebates and subject to the Federal regulations requiring actuarially sound rates.''. (b) Conforming Amendments.--Section 1927 (42 U.S.C. 1396r-8) is amended-- (1) in subsection (d)-- (A) in paragraph (1), by adding at the end the following: ``(C) Notwithstanding the subparagraphs (A) and (B)-- ``(i) a Medicaid managed care organization with a contract under section 1903(m) may exclude or otherwise restrict coverage of a covered outpatient drug on the basis of policies or practices of the organization, such as those affecting utilization management, formulary adherence, and cost sharing or dispute resolution, in lieu of any State policies or practices relating to the exclusion or restriction of coverage of such drugs, provided, however, that any such exclusions and restrictions of coverage shall be subject to any contractual requirements and oversight by the State as contained in the Medicaid managed care organization's contract with the State, and the State shall maintain approval authority over the formulary used by the Medicaid managed care organization; and ``(ii) nothing in this section or paragraph (2)(A)(xiii) of section 1903(m) shall be construed as requiring a Medicaid managed care organization with a contract under such section to maintain the same such policies and practices as those established by the State for purposes of individuals who receive medical assistance for covered outpatient drugs on a fee-for-service basis.''; and (B) in paragraph (4), by inserting after subparagraph (E) the following: ``(F) Notwithstanding the preceding subparagraphs of this paragraph, any formulary established by Medicaid managed care organization with a contract under section 1903(m) may be based on positive inclusion of drugs selected by a formulary committee consisting of physicians, pharmacists, and other individuals with appropriate clinical experience as long as drugs excluded from the formulary are available through prior authorization, as described in paragraph (5).''; and (2) in subsection (j), by striking paragraph (1) and inserting the following: ``(1) Covered outpatients drugs are not subject to the requirements of this section if such drugs are-- ``(A) dispensed by health maintenance organizations, including Medicaid managed care organizations that contract under section 1903(m); and ``(B) subject to discounts under section 340B of the Public Health Service Act.''. (c) Reports.--Each State with a contract with a Medicaid managed care organization under section 1903(m) of the Social Security Act (42 U.S.C. 1396b(m)) shall report to the Secretary on a quarterly basis the total amount of rebates in dollars and volume received from manufacturers (as defined in section 1927(k)(5) of such Act (42 U.S.C. 1396r-8(k)(5)) for drugs provided to individuals enrolled with such an organization as a result of the amendments made by this section for both brand-name and generic drugs. The Secretary shall review the reports submitted by States under this subsection and, after such review, make publically available the aggregate data contained in such reports. (d) Effective Date.--This section and the amendments made by this section take effect on the date of enactment of this Act and apply to rebate agreements entered into or renewed under section 1927 of the Social Security Act (42 U.S.C. 1396r-8) on or after such date.", "summary": "Drug Rebate Equalization Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to reduce the costs of prescription drugs for enrollees of Medicaid managed care organizations by extending to such organizations the discounts offered under fee-for-service Medicaid plans. Requires the state contract with a Medicaid managed care organization to require that payment for covered outpatient drugs dispensed to Medicaid-eligible individuals enrolled with the organization be subject to the same rebate as the state is subject to. Requires also that capitation rates paid to the organization be: (1) based on actual cost experience related to rebates; and (2) subject to the federal regulations requiring actuarially sound rates."}
{"article": "OF IRAN'S PAST MILITARY DIMENSIONS OF IRAN'S NUCLEAR PROGRAM. Not later than 30 calendar days after the IAEA submits its final assessment on the resolution on all past and present outstanding issues related to Iran's nuclear program to the Board of Governors, the President shall submit to the appropriate congressional committees and leadership a detailed report on the IAEA's report to the Board of Governors, and shall provide to the appropriate congressional committees and leadership a briefing, in a classified setting as necessary, on how outstanding issues were resolved by the IAEA. SEC. 13. STATEMENT OF POLICY ON EFFECTIVE RE-IMPOSITION OF SANCTIONS. (a) Finding.--There is a wide range of national and multilateral tools, including the re-imposition of sanctions, available to the United States and United States partners, including European allies, should Iran fail to meet its JCPOA commitments. (b) Statements of Policy.-- (1) The United States is prepared to enforce any violation of the JCPOA. (2) The United States should continue to ensure that a range of national and multilateral tools remain available to respond to non-performance by Iran of its JCPOA commitments. (3) The United States will continue to leverage the commitments of its European allies to join in re-imposing sanctions in a calibrated manner as appropriate in the event Iran violates the JCPOA incrementally. SEC. 14. UNITED STATES COORDINATOR FOR THE JOINT COMPREHENSIVE PLAN OF ACTION. (a) Designation.--The President shall designate within the Department of State a special coordinator for implementation of and compliance with the Joint Comprehensive Plan of Action regarding the Iran's nuclear program (in this section referred to as the ``Coordinator''). (b) Status.--The role of the Coordinator should be filled by an official of the Department of State appointed by and serving at the pleasure of the President. (c) Duties.--The Coordinator shall carry out the following duties: (1) Coordinate all activities related to implementation of the Joint Comprehensive Plan of Action, including-- (A) activities of the United States Government necessary for implementation of the Joint Comprehensive Plan of Action; (B) activities of the United States Government to monitor all elements of the implementation of the JCPOA by Iran and track all incidences of noncompliance with the JCPOA; and (C) with the Secretary of Energy, activities of the United States Government with respect to the JCPOA that involve the International Atomic Energy Agency and other nongovernmental or multilateral organizations, as appropriate. (2) Coordinate with the Department of the Treasury and other agencies as appropriate-- (A) to ensure the continued comprehensive investigation and designation of persons providing support for, or otherwise facilitating, the ability of the Government of Iran-- (i) to acquire, develop, or engage in the proliferation of ballistic missiles or cruise missiles; (ii) to support, directly or indirectly, acts of international terrorism; or (iii) to commit human rights abuses; and (B) to assess and report on the use by the Government of Iran of funds made available through sanctions relief. (d) Consultations.--The Coordinator shall consult with Congress, domestic and international nongovernmental organizations, and multilateral organizations and institutions as the Coordinator considers appropriate to fulfill the purposes of this section. SEC. 15. UNIFIED POLICY ON ARMS AND BALLISTIC AND CRUISE MISSILE SALES TO IRAN. It is the sense of Congress that Iran should continue to be prohibited from undertaking any activity related to ballistic or cruise missiles capable of delivering nuclear weapons, including launches using ballistic or cruise missile technology, and United Nations member states should take all necessary measures to prevent the transfer of technology or technical assistance to Iran related to such activities. SEC. 16. INTERNATIONAL ATOMIC ENERGY AGENCY. (a) Sense of Congress.--It is the sense of Congress that the International Atomic Energy Agency (IAEA) must have sufficient funding, manpower, and authority to undertake its verification responsibilities related to the JCPOA or any other related agreement, and the President should engage with international partners to ensure that the IAEA receives the full additional $10,600,000 per year necessary to fulfill its verification responsibilities under the JCPOA or any other related agreement. (b) Report.--Not later than January 10, 2016, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report outlining efforts with international partners to achieve the goal in subsection (a) and identifying impediments to achieving the goal. (c) Authorization.--There are authorized to be appropriated for fiscal years 2016 through 2026 such sums as may be necessary to meet the United States annual funding commitments to the IAEA as well as the United States portion of additional funds needed for the IAEA to fulfill its verification responsibilities under the JCPOA or any other related agreement. SEC. 17. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Appropriate congressional committees and leadership.-- The term ``appropriate congressional committees and leadership'' means the appropriate congressional committees, the Majority and Minority Leaders of the Senate, and the Speaker, Majority Leader, and Minority Leader of the House of Representatives. (3) Joint comprehensive plan of action.--The term ``Joint Comprehensive Plan of Action'' means the Joint Comprehensive Plan of Action signed at Vienna on July 14, 2015, by Iran and by France, Germany, the Russian Federation, the People's Republic of China, the United Kingdom, and the United States, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action. (4) Intelligence community.--The term ``intelligence community'' means the intelligence community specified in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).", "summary": "Iran Policy Oversight Act of 2015 This bill directs the Department of State, the Department of Defense, the Department of the Treasury, and the Director of National Intelligence to submit to Congress every two years a joint 10-year strategy to counter Iranian activities in the Middle East, North Africa, and beyond. The President is authorized to: take appropriate measures to enhance Israel's qualitative military edge, deter Iranian conventional and nuclear threats, and counter non-peaceful Iranian nuclear activities; provide any additional foreign military financing to Israel in FY2018-FY2028 to address Iranian threats; and accelerate co-development and support Israeli development of missile defense systems, and to engage in discussions to bolster Israel's conventional deterrent and deepen intelligence cooperation. The President shall provide assistance to ensure Israel's qualitative military edge and deter Iranian conventional and nuclear threats. It is the sense of Congress that Treasury's Office of Foreign Assets Control should be fully funded to ensure strict enforcement of sanctions against Iranian actors in the areas of ballistic or cruise missile proliferation, terrorism, and human rights abuses, and to ensure effective re-imposition of sanctions in the event of Iran's violation or breach of the Joint Comprehensive Plan of Action (JCPOA). U.S. property sanctions shall be continued against Iranian persons/entities engaged in the proliferation of weapons of mass destruction, including missile proliferation, terrorism, or human rights abuses, until the President makes public a notification that justifies lifting sanctions. The President shall report to Congress every 180 days regarding specified uses of funds by Iran received as part of sanctions relief under the JCPOA. If the President determines that Iran has directed or conducted an act of terrorism against the United States or that Iran has substantially increased its operational or financial support for a terrorist organization that threatens U.S. interests or allies, there shall be an expedited procedure for congressional approval of new sanctions against Iran. The Atomic Energy Act of 1954 is amended to require the President to report to Congress every 180 days regarding Iranian research and development and breakout times. The President shall designate within the State Department a special coordinator for implementation of and compliance with the JCPOA regarding the Iran's nuclear program. It is the sense of Congress that: Iran should continue to be prohibited from undertaking any activity related to ballistic or cruise missiles capable of delivering nuclear weapons; and the International Atomic Energy Agency must have sufficient funding, manpower, and authority to undertake its verification responsibilities related to the JCPOA or any other related agreement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Respirator Access Assurance Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year millions of workers, responders, and citizens in the United States and around the world depend on the availability of respirators made in the United States for protection against exposure to hazardous materials and in the event of terrorist incidents, airborne disease epidemics, and other disasters. (2) Respirators are tested, and the design and labeling of respirators is regulated by an independent Federal agency, the National Institute for Occupational Safety and Health, which is part of the Centers for Disease Control and Prevention. NIOSH establishes the performance standards for respirators, independently tests and certifies that respirators meet its standards, and performs follow-up field audits of respirators to ensure continued compliance with NIOSH performance standards. Prior to the establishment of NIOSH, respirators were approved by the United States Bureau of Mines. (3) Respirator manufacturers and sellers do not and cannot control or determine the manner in which their products are used. (4) Manufacturers and sellers of respirators designed and labeled in compliance with NIOSH requirements have been named as defendants in a substantial number of product liability claims alleging that these NIOSH-approved designs and warnings are defective. (5) Respirators are sold in and have an effect on interstate commerce. (6) Manufacturers of respirators may cease making such products, in principal part because of the costs of litigation. (7) A continued United States capacity to manufacture and distribute respirators is necessary to assure that these products remain available. Lack of availability of respirators will increase risks to the health of millions of American workers and emergency responders. (8) The protections set forth in this Act are needed to assure the continued commercial availability of lifesaving respirators. SEC. 3. DEFINITIONS. In this Act: (1) Manufacturer.--The term ``Manufacturer'' means any person who, in the course of a business conducted for that purpose, designs, makes, produces, packages, or labels any respirator or component part of a respirator, or engages another to do so. (2) NIOSH.--The term ``NIOSH'' means the National Institute for Occupational Safety and Health. (3) NIOSH approval.--The term ``NIOSH approval'' means a certificate or formal document issued by NIOSH stating that an individual respirator or combination of respirators has met the minimum requirements of part 84 of title 42, Code of Federal Regulations, or part 11 of title 30, Code of Federal Regulations, and that the manufacturer is authorized to use and attach an approval label to any respirator manufactured in conformance with the plans and specifications upon which the approval was based. For purposes of this Act, NIOSH approval shall also mean certification or approval by any Federal Government agency with authority to approve respirators, including the United States Bureau of Mines and the Mine Safety and Health Administration. (4) Respirator.--The term ``Respirator'' means any device, including component or replacement parts for a device, designed to provide the wearer with respiratory protection against inhalation of a hazardous atmosphere. (5) Seller.--The term ``Seller'' means a person or entity, including a retailer, distributor, or wholesaler, that is regularly engaged in selling respirators. SEC. 4. EFFECT OF NIOSH APPROVAL OF DESIGN AND LABELING. (a) In General.--A manufacturer or seller of a respirator shall not be subject to any claim for defective design or warning relating to a respirator or any claim which is based on such an allegation if such respirator has received a NIOSH approval, and such respirator is manufactured in compliance with the NIOSH-approved design and labeling in effect on the date of manufacture. This provision shall not apply to a respirator that fails to comply with the NIOSH-approved design and labeling standards in effect on the date of manufacture. (b) Withdrawal of Approval.--Subsection (a) shall not apply to a manufacturer or seller of a respirator if NIOSH withdraws its approval for the respirator that is the subject of the claim involved based on a finding by NIOSH that the manufacturer or seller-- (1) withheld from or misrepresented to NIOSH material information about the respirator's design or labeling and the respirator otherwise would not have been approved; or (2) made an illegal payment to a NIOSH official or employee for the purpose of securing or maintaining approval of the respirator's design or labeling. (c) Statute of Limitations.--A statute of limitations that would otherwise apply to claims to which subsection (b) applies shall not begin to run until the date on which NIOSH withdraws its approval for the respirator involved. SEC. 5. PREEMPTION AND STATUTORY CONSTRUCTION. (a) Preemption.--The provisions of this Act shall supersede any and all State or local laws insofar as they may now or hereafter relate to any claim for defective design or warning relating to a respirator or any claim which is based on such an allegation if such respirator complied with the NIOSH-approved design and labeling in effect on the date of manufacture. (b) Statutory Construction.--Nothing in this Act may be construed to affect any defense available to a defendant under any other provision of State or Federal law, or to create a cause of action or Federal court jurisdiction pursuant to section 1331 or 1332 of title 28, United States Code, that otherwise would not exist under applicable law. SEC. 6. APPLICABILITY. This Act applies to any civil action in a Federal or State court, on the basis of any legal theory, for harm allegedly caused, directly or indirectly, by a respirator, a respirator manufacturer, or a respirator seller. SEC. 7. EFFECTIVE DATE. This Act shall become effective upon enactment and shall apply to any action that has not proceeded to trial as of the date of enactment, regardless of when the respirator was manufactured or sold.", "summary": "Respirator Access Assurance Act of 2005 - States that manufacturers or sellers of respirators shall not be subject to claims for defective design or warning, or any claims based on such allegations, if the respirator in question received National Institute for Occupational Safety and Health (NIOSH) approval and was manufactured in compliance with NIOSH-approved design and labeling in effect on the date of manufacture. Provides for withdrawal of a previous NIOSH approval of a respirator on grounds of misrepresentation of material information or bribery of a NIOSH officer or employee (thus subjecting the manufacturer or seller to liability for a claim). Preempts all state and local laws with regard to such claims. Makes this Act applicable to any civil action in federal or state court for harm allegedly caused by a respirator, respirator manufacturer, or respirator seller. Applies this Act to any action than has not proceeded to trial as of the date of enactment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bank Regulation Adjustment Act''. SEC. 2. CRIMINAL LIABILITY ESTABLISHED FOR CERTAIN ACTIVITIES RELATING TO CREDIT CARDS. Section 134 of the Truth in Lending Act (15 U.S.C. 1644) is amended-- (1) in the provision designated as subsection (d), by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C); (2) in the provision designated as subsection (e), by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); (3) by redesignating the provisions designated as subsections (a) through (f) as paragraphs (1) through (6), respectively; (4) by moving the left margin of paragraphs (1) through (6) (as so redesignated by paragraph (3) of this section) 2 ems to the right; (5) by striking ``or'' at the end of paragraph (5) (as so redesignated by paragraph (3) of this section); (6) by striking ``obtained--'' at the end of paragraph (6) (as so redesignated by paragraph (3) of this section) and inserting a semicolon; (7) by inserting immediately after paragraph (6) (as so redesignated) the following new paragraphs: ``(7) Whoever, with unlawful or fraudulent intent, utilizes, or conspires to utilize, an instrumentality of interstate or foreign commerce to notify a creditor in accordance with section 161 that a statement of account contains a billing error with regard to a transaction, knowing the statement to be correct with regard to such transaction; or ``(8) Whoever, with unlawful or fraudulent intent, utilizes, or conspires to utilize, an instrumentality of interstate or foreign commerce to notify a card issuer of an unauthorized use of a credit card with regard to a transaction knowing the use of the credit card in connection with such transaction to have been authorized,''; (8) by inserting the following subsection designation and heading immediately preceding paragraph (1) (as so redesignated): ``(a) In General.--''; and (9) by adding at the end the following new subsection: ``(b) Obtaining Credit Card by Fraudulent Means.--Whoever, with unlawful or fraudulent intent, utilizes, or conspires to utilize an instrumentality of interstate or foreign commerce-- ``(1) to submit an application for a credit card to a credit card issuer knowing the application to be forged, fictitious, altered, or fraudulent; ``(2) to submit false or misleading information to a credit card issuer; or ``(3) to apply for 2 or more credit cards from 1 or more credit card issuers within any 1-year period, shall be fined in accordance with title 18, United States Code, imprisoned for not more than 10 years, or both.''. SEC. 3. DECREASE IN CERTAIN BURDENS ASSOCIATED WITH CURRENCY TRANSACTION REPORTING REQUIREMENTS. Section 5313 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(h) Administrative Action Required.-- ``(1) Annual inflation adjustment.--Any amount established by the Secretary under subsection (a) which defines a transaction for which a report is required under such subsection shall be adjusted annually after December 31, 1997, by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics.''. ``(2) Infrequent filers.-- ``(A) In general.--If the number of reports filed by a depository institution under subsection (a) averages less than 50 per month, the depository institution may file such reports on a quarterly basis. ``(B) Reporting of suspicious transactions not affected.--Subparagraph (A) shall not be construed as affecting any obligation of a depository institution to promptly report any suspicious transaction in accordance with section 5318(g).''. SEC. 4. REPEAL OF ``DUE ON DEMAND'' REQUIREMENT FOR LOANS TO INSIDERS. Section 22(g) of the Federal Reserve Act (12 U.S.C. 375a) is amended-- (1) in paragraph (1)-- (A) by inserting ``and'' after the semicolon at the end of subparagraph (B); (B) by striking ``; and'' at the end of subparagraph (C) and inserting a period; and (C) by striking subparagraph (D); (2) by striking paragraph (6); and (3) by redesignating paragraphs (7), (8), (9), and (10) as paragraphs (6), (7), (8), and (9), respectively. SEC. 5. REPEAL OF AUTHORITY TO ASSESS EXAMINATION FEES ON STATE DEPOSITORY INSTITUTIONS. (a) State Member Banks.--The 8th undesignated paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 326) is amended by striking the penultimate sentence (relating to assessments for examinations). (b) Nonmember State Depository Institutions.--Section 10(e)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1820(e)(1)) is amended by inserting ``Federal'' before ``depository institution''. SEC. 6. EFFECTIVE DATE OF BANKING REGULATIONS. (a) In General.--Except as provided in subsection (b), no regulation prescribed by any Federal banking agency shall take effect before the end of the 180-day period beginning on the date the regulation is published in final form in the Federal Register unless the Federal law under which such regulation is prescribed specifies an effective date for such regulation. (b) Exceptions for Regulations Reducing Burdens on Depository Institutions.--Subsection (a) shall not apply to any regulation the purpose of which is to reduce the administrative burden on depository institutions. (c) Definitions.--For purposes of this section, the terms ``depository institution'' and ``Federal banking agency'' have the meaning given to such terms in section 3 of the Federal Deposit Insurance Act. SEC. 7. OTHER PROVISIONS. (a) Field of Membership Authority.--Section 109 of the Federal Credit Union Act (12 U.S.C. 1759) is amended by striking ``Federal credit union membership shall be limited to groups having a common bond'' and inserting ``the membership of any Federal credit union shall be limited to groups having common bonds''. (b) Expansion of Voting Period Before Conversion to Another Form of Depository Institution.--Any regulation prescribed by the National Credit Union Administration under the Federal Credit Union Act which requires a vote by the members of an insured credit union (as defined in section 101(7) of the Federal Credit Union Act) in a special meeting or by mail to approve or disapprove a proposal by the credit union to transfer all or any portion of the deposits of the credit union to an insured depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act) shall allow the credit union to provide notice of such vote up to 90 days before the date of the vote. SEC. 8. EXEMPTION FOR FEES AND INCOME ATTRIBUTABLE TO CERTAIN ASSETS OF DEPOSITORY INSTITUTIONS. Notwithstanding any other provision of Federal law, the fees and income received by a depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act) which are attributable to the 1st $350,000,000 of the total assets of such institution shall be excluded from gross income of such institution for purposes of any Federal tax on income for taxable years of the institution which begin after December 31, 1997.", "summary": "Bank Regulation Adjustment Act - Amends the Truth in Lending Act to establish a criminal penalty for specified activities pertaining to fraudulent use of credit cards, including obtaining a credit card by fraudulent means. Amends Federal monetary law to mandate annual inflation adjustments with respect to specified transactions for which a domestic financial institution is required to file currency transaction reports. Permits filers of infrequent currency transaction reports to file on a quarterly basis. Amends the Federal Reserve Act to repeal: (1) the \"due on demand\" requirement for \"insider loans\" to executive bank officers; (2) reporting requirements pertaining to such loans; and (3) the authority of the Board of Governors of the Federal Reserve System to assess examination fees against State depository institutions. Amends the Federal Deposit Insurance Act to restrict to Federal depository institutions the assessment of examination fees by the Federal Deposit Insurance Corporation. States that the effective date for banking regulations shall be at the end of the 180-day period beginning on the date the regulation is published in final form in the Federal Register (unless Federal law specifically prescribes otherwise). Amends the Federal Credit Union Act to expand Federal credit union membership from groups having a common bond to groups having common bonds. Declares that any regulation prescribed by the National Credit Union Administration which requires a vote by the membership to approve or disapprove a proposal to transfer credit union deposits to an insured depository institution shall allow the credit union to provide notice of such vote up to 90 days before the date of the vote. Excludes from the gross income of a depository institution, for Federal tax purposes, the fees and income it receives which are attributable to the first $350 million of its total assets."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Cap Liquidity Reform Act of 2014''. SEC. 2. LIQUIDITY PILOT PROGRAM FOR SECURITIES OF CERTAIN EMERGING GROWTH COMPANIES. (a) In General.--Section 11A(c)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(c)(6)) is amended to read as follows: ``(6) Liquidity Pilot Program for Securities of Certain Emerging Growth Companies.-- ``(A) Quoting increment.--Beginning on the date that is 90 days after the date of the enactment of the Small Cap Liquidity Reform Act of 2014, the securities of a covered emerging growth company shall be quoted using-- ``(i) a minimum increment of $0.05; or ``(ii) if, not later than 60 days after such date of enactment, the company so elects in the manner described in subparagraph (D)-- ``(I) a minimum increment of $0.10; or ``(II) the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(B) Trading increment.--In the case of a covered emerging growth company the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph, the Commission shall determine the increment at which the securities of such company are traded. ``(C) Future right to opt out or change minimum increment.-- ``(i) In general.--At any time beginning on the date that is 90 days after the date of the enactment of the Small Cap Liquidity Reform Act of 2014, a covered emerging growth company the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph may elect in the manner described in subparagraph (D)-- ``(I) for the securities of such company to be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph; or ``(II) to change the minimum increment at which the securities of such company are quoted from $0.05 to $0.10 or from $0.10 to $0.05. ``(ii) When election effective.--An election under this subparagraph shall take effect on the date that is 30 days after such election is made. ``(iii) Single election to change minimum increment.--A covered emerging growth company may not make more than one election under clause (i)(II). ``(D) Manner of election.-- ``(i) In general.--An election is made in the manner described in this subparagraph by informing the Commission of such election. ``(ii) Notification of exchanges and other trading venues.--Upon being informed of an election under clause (i), the Commission shall notify each exchange or other trading venue where the securities of the covered emerging growth company are quoted or traded. ``(E) Issuers ceasing to be covered emerging growth companies.-- ``(i) In general.--If an issuer the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph ceases to be a covered emerging growth company, the securities of such issuer shall be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(ii) Exceptions.--The Commission may by regulation, as the Commission considers appropriate, specify any circumstances under which an issuer shall continue to be considered a covered emerging growth company for purposes of this paragraph after the issuer ceases to meet the requirements of subparagraph (L)(i). ``(F) Securities trading below $1.-- ``(i) Initial price.-- ``(I) At effective date.--If the trading price of the securities of a covered emerging growth company is below $1 at the close of the last trading day before the date that is 90 days after the date of the enactment of the Small Cap Liquidity Reform Act of 2014, the securities of such company shall be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(II) At ipo.--If a covered emerging growth company makes an initial public offering after the day described in subclause (I) and the first share of the securities of such company is offered to the public at a price below $1, the securities of such company shall be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(ii) Average trading price.--If the average trading price of the securities of a covered emerging growth company falls below $1 for any 90-day period beginning on or after the day before the date of the enactment of the Small Cap Liquidity Reform Act of 2014, the securities of such company shall, after the end of such period, be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(G) Fraud or manipulation.--If the Commission determines that a covered emerging growth company has violated any provision of the securities laws prohibiting fraudulent, manipulative, or deceptive acts or practices, the securities of such company shall, after the date of the determination, be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(H) Ineligibility for increased minimum increment permanent.--The securities of an issuer may not be quoted at a minimum increment of $0.05 or $0.10 under this paragraph at any time after-- ``(i) such issuer makes an election under subparagraph (A)(ii)(II); ``(ii) such issuer makes an election under subparagraph (C)(i)(I), except during the period before such election takes effect; or ``(iii) the securities of such issuer are required by this paragraph to be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(I) Additional reports and disclosures.--The Commission shall require a covered emerging growth company the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph to make such reports and disclosures as the Commission considers necessary or appropriate in the public interest or for the protection of investors. ``(J) Limitation of liability.--An issuer (or any officer, director, manager, or other agent of such issuer) shall not be liable to any person (other than such issuer) under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision thereof, or any contract or other legally enforceable agreement (including any arbitration agreement) for any losses caused solely by the quoting of the securities of such issuer at a minimum increment of $0.05 or $0.10, by the trading of such securities at the increment determined by the Commission under subparagraph (B), or by both such quoting and trading, as provided in this paragraph. ``(K) Report to congress.--Not later than 6 months after the date of the enactment of the Small Cap Liquidity Reform Act of 2014, and every 6 months thereafter, the Commission, in coordination with each exchange on which the securities of covered emerging growth companies are quoted or traded, shall submit to Congress a report on the quoting and trading of securities in increments permitted by this paragraph and the extent to which such quoting and trading are increasing liquidity and active trading by incentivizing capital commitment, research coverage, and brokerage support, together with any legislative recommendations the Commission may have. ``(L) Definitions.--In this paragraph: ``(i) Covered emerging growth company.--The term `covered emerging growth company' means an emerging growth company, as defined in the first paragraph (80) of section 3(a), except that-- ``(I) such paragraph shall be applied by substituting `$750,000,000' for `$1,000,000,000' each place it appears; and ``(II) subparagraphs (B), (C), and (D) of such paragraph do not apply. ``(ii) Security.--The term `security' means an equity security. ``(M) Savings provision.--Notwithstanding any other provision of this paragraph, the Commission may-- ``(i) make such adjustments to the pilot program specified in this paragraph as the Commission considers necessary or appropriate to ensure that such program can provide statistically meaningful or reliable results, including adjustments to eliminate selection bias among participants, expand the number of participants eligible to participate in such program, and change the duration of such program for one or more participants; and ``(ii) conduct any other study or pilot program, in conjunction with or separate from the pilot program specified in this paragraph (as such program may be adjusted pursuant to clause (i)), to evaluate quoting or trading in various minimum increments.''. (b) Sunset.--Effective on the date that is 5 years after the date of the enactment of this Act, section 11A(c)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(c)(6)) is repealed. Passed the House of Representatives February 11, 2014. Attest: KAREN L. HAAS, Clerk.", "summary": "Small Cap Liquidity Reform Act of 2014 - Amends the Securities Exchange Act of 1934 to establish a pilot liquidity program for equity securities of emerging growth companies (EGCs) with total annual gross revenues of less than $750 million, under which those securities shall be quoted using either: (1) a minimum increment of $0.05 or $0.10, or (2) the increment at which the securities would be quoted without regard to such minimum increments. Repeals the requirement for an SEC study examining the transition to trading and quoting securities in one penny increments, known as decimalization. Directs the Securities and Exchange Commission (SEC) to determine, in the case of an EGC whose securities are quoted at a minimum increment of either $0.05 or $0.10, the increment at which such securities are traded. Requires EGC securities quoted at a minimum increment of $0.05 or $0.10 to be traded at either such minimum increment or at one permitted by SEC regulations. Permits an EGC to opt out or change such minimum increment upon notifying the SEC 90 days after enactment of this Act. Limits any EGC to a single change of minimum increment (thus prohibiting any increases in the minimum). Requires the SEC, upon notification of an EGC election, to inform each trading venue where the EGC securities are quoted or traded. Requires that securities of issuers that cease to be EGCs be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this Act. Prescribes pricing and trading procedures governing securities trading below $1.00. Directs the SEC to require an EGC under this Act to submit additional reports and disclosures. Shields an issuer from liability for losses caused solely by the quoting or trading of its securities at a minimum increment of $0.05 or $0.10, another SEC-authorized increment, or by both such quoting and trading. Directs the SEC to report biannually to Congress on: (1) the quoting and trading of securities in increments permitted by this Act, and (2) the extent to which such quoting and trading increases liquidity and active trading by incentivizing capital commitment, research coverage, and brokerage support. Authorizes the SEC to: (1) make adjustments to the pilot program to ensure that it can provide statistically meaningful or reliable results, and (2) conduct any other study or pilot program to evaluate quoting or trading in various minimum increments. Sunsets the pilot program five years after enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Officers' Defense Act''. SEC. 2. SUBSTANTIVE LIMITS. Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(j) Crimes Against Public Safety Officer.-- ``(1) Definition of public safety officer.--In this subsection, the term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). ``(2) In general.--A court, justice, or judge shall not have jurisdiction to consider any claim relating to the judgment or sentence in an application described under paragraph (3), unless the applicant shows that the claim qualifies for consideration on the grounds described in subsection (e)(2). Any such application that is presented to a court, justice, or judge other than a district court shall be transferred to the appropriate district court for consideration or dismissal in conformity with this subsection, except that a court of appeals panel must authorize any second or successive application in conformity with section 2244 prior to any consideration by the district court. ``(3) Application of subsection.--This subsection shall apply to an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a public safety officer while the public safety officer was engaged in the performance of official duties, or on account of the public safety officer's performance of official duties.''. SEC. 3. TIME LIMITS. Section 2254(j) of title 28, United States Code, as added by section 2 of this Act, is further amended by adding at the end the following: ``(4) Time limits in district court.--For any application described under paragraph (3), in the district court the following shall apply: ``(A) Any motion by either party for an evidentiary hearing shall be filed and served not later than 90 days after the State files its answer or, if no timely answer is filed, the date on which such answer is due. ``(B) Any motion for an evidentiary hearing shall be granted or denied not later than 30 days after the date on which the party opposing such motion files a pleading in opposition to such motion or, if no timely pleading in opposition is filed, the date on which such pleading in opposition is due. ``(C) Any evidentiary hearing shall be-- ``(i) convened not less than 60 days after the order granting such hearing; and ``(ii) completed not more than 150 days after the order granting such hearing. ``(D) A district court shall enter a final order, granting or denying the application for a writ of habeas corpus, not later than 15 months after the date on which the State files its answer or, if no timely answer is filed, the date on which such answer is due, or not later than 60 days after the case is submitted for decision, whichever is earlier. ``(E) If the district court fails to comply with the requirements of this paragraph, the State may petition the court of appeals for a writ of mandamus to enforce the requirements. The court of appeals shall grant or deny the petition for a writ of mandamus not later than 30 days after such petition is filed with the court. ``(5) Time limits in court of appeals.--For any application described under paragraph (3), in the court of appeals the following shall apply: ``(A) A timely filed notice of appeal from an order issuing a writ of habeas corpus shall operate as a stay of that order pending final disposition of the appeal. ``(B) The court of appeals shall decide the appeal from an order granting or denying a writ of habeas corpus-- ``(i) not later than 120 days after the date on which the brief of the appellee is filed or, if no timely brief is filed, the date on which such brief is due; or ``(ii) if a cross-appeal is filed, not later than 120 days after the date on which the appellant files a brief in response to the issues presented by the cross-appeal or, if no timely brief is filed, the date on which such brief is due. ``(C)(i) Following a decision by a panel of the court of appeals under subparagraph (B), a petition for panel rehearing is not allowed, but rehearing by the court of appeals en banc may be requested. The court of appeals shall decide whether to grant a petition for rehearing en banc not later than 30 days after the date on which the petition is filed, unless a response is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the response is filed or, if no timely response is filed, the date on which the response is due. ``(ii) If rehearing en banc is granted, the court of appeals shall make a final determination of the appeal not later than 120 days after the date on which the order granting rehearing en banc is entered. ``(D) If the court of appeals fails to comply with the requirements of this paragraph, the State may petition the Supreme Court or a justice thereof for a writ of mandamus to enforce the requirements. ``(6) Application of time limits.-- ``(A) In general.--The time limitations under paragraphs (4) and (5) shall apply to an initial application described under paragraph (3), any second or successive application described under paragraph (3), and any redetermination of an application described under paragraph (3) or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings. ``(B) Remand in district court.--In proceedings following remand in the district court, time limits running from the time the State files its answer under paragraph (4) shall run from the date the remand is ordered if further briefing is not required in the district court. If there is further briefing following remand in the district court, such time limits shall run from the date on which a responsive brief is filed or, if no timely responsive brief is filed, the date on which such brief is due. ``(C) Remand in court of appeals.--In proceedings following remand in the court of appeals, the time limit specified in paragraph (5)(B) shall run from the date the remand is ordered if further briefing is not required in the court of appeals. If there is further briefing in the court of appeals, the time limit specified in paragraph (5)(B) shall run from the date on which a responsive brief is filed or, if no timely responsive brief is filed, from the date on which such brief is due. ``(7) Failure to comply.--The failure of a court to meet or comply with a time limitation under this subsection shall not be a ground for granting relief from a judgment of conviction or sentence, nor shall the time limitations under this subsection be construed to entitle a capital applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal.''. SEC. 4. APPLICATION TO PENDING CASES. (a) In General.--The amendments made by this Act shall apply to cases pending on or after the date of enactment of this Act. (b) Time Limits.--In a case pending on the date of enactment of this Act, if the amendments made by this Act provide that a time limit runs from an event or time that has occurred prior to such date of enactment, the time limit shall run instead from such date of enactment.", "summary": "Public Safety Officers' Defense Act - Amends the Federal judicial code to deny a court, justice, or judge jurisdiction to consider any claim relating to the judgment or sentence in an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for killing a public safety officer, unless the applicant shows constitutional error or that the claim qualifies for consideration based on a new rule of constitutional law or a factual predicate that could not have been previously discovered. Directs that any such application presented to a court, justice, or judge other than a district court be transferred to the appropriate district court for consideration or dismissal, with an exception. Sets forth requirements regarding time limits in: (1) district court (e.g., any motion by either party for an evidentiary hearing shall be filed and served not later than 90 days after the State files its answer); and (2) the court of appeals (e.g., the court shall decide the appeal from an order granting or denying a writ of habeas corpus not later than 120 days after the date on which the brief of the appellee is filed). Makes time limitations under this Act applicable to an initial application, a second or successive application, and any re-determination of an application or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Affordable Transaction Account Act of 2001''. SEC. 2. AFFORDABLE BANKING SERVICES. (a) In General.--Except as otherwise provided in this section, each insured depository institution shall make available to consumers a consumer transaction account, to be known as an ``affordable transaction account'', with the following features to be prescribed jointly by the Federal banking agencies, by regulation: (1) Initial deposit.--The maximum amount which an insured depository institution may require as an initial deposit, if any. (2) Minimum balance.--The maximum amount an insured depository institution may require as a minimum balance, if any, to maintain such account. (3) Minimum number of free withdrawals.--A minimum of 8 withdrawal transactions, including withdrawals by negotiable or transferable instruments for the purpose of making payments to third parties and electronic fund transfers, during any periodic cycle at no additional charge to the account holder. (4) Maximum monthly service charge.--The maximum amount an insured depository institution may charge per periodic cycle for the use of such account. (b) Fees for Withdrawal Transactions in Excess of Minimum Number of Free Withdrawals.-- (1) In general.--Subject to paragraph (2), in the case of any affordable transaction account-- (A) an insured depository institution may impose a reasonable per-transaction charge for any withdrawal transaction described in subsection (a)(3) other than a transaction required under such subsection to be provided free; or (B) the depository institution may impose the fees and charges normally applied to other consumer transaction accounts available at that depository institution. (2) Limitations.-- (A) Periodic cycle fee adjustment.--The amount of any charge per periodic cycle imposed by an insured depository institution on any affordable transaction account pursuant to paragraph (1)(B) shall be reduced by the charge imposed under subsection (a)(4). (B) Maximum amount.--At no time shall the total amount of fees and charges imposed by an insured depository institution on any affordable transaction account exceed the total amount of fees and charges that is normally applied to other consumer transaction accounts available at the depository institution. (c) Conditions for Opening Any Affordable Transaction Account.--An insured depository institution may require as a condition for opening or maintaining any affordable transaction account that-- (1) the holder of the account be a resident of the State in which the account is opened or maintained; and (2) the deposits to the account of recurring payments such as Social Security, wage, or pension payments be made by direct deposit if that form of deposit is available to both the consumer and the depository institution. (d) Other Terms and Conditions.-- (1) In general.--Except as provided in this section and any regulations prescribed under this section, any affordable transaction account may be offered by an insured depository institution subject to the same rules, conditions, and terms normally applicable to other consumer transaction accounts offered by the depository institution. (2) Prohibition on discrimination against affordable transaction account holders in providing other services.--The amount of any fee or charge imposed on a holder of any affordable transaction account by an insured depository institution for specific services provided to such account holder which are not directly related to the maintenance of such account may not exceed the fee or charge imposed by the depository institution for providing the same services in connection with other consumer transaction accounts offered by the depository institution. (e) Affordable Transaction Accounts Not Required for Individuals Who Maintain Other Transaction Accounts.--An insured depository institution shall not be required to permit any person to open or maintain an affordable transaction account pursuant to this section if such person maintains another consumer transaction account either at that depository institution or any other insured depository institution. (f) Alternative Arrangements.--In lieu of the affordable transaction account required by this section, an insured depository institution may make available an alternative form of account or other banking services if the appropriate Federal banking agency determines that such alternative form of account or services are at least as advantageous to consumers as the affordable transaction account. (g) Disclosure Requirements.-- (1) Posted notices.--If an insured depository institution posts in the public area of any office of the institution a notice of the availability of other consumer transaction accounts, the depository institution shall also post equally conspicuous notice in such public area and in the same manner the availability of its affordable transaction accounts. (2) Printed material.--If an insured depository institution makes available in the public area of any office of the institution printed material describing the terms of its other consumer transaction accounts, the depository institution shall also make comparable descriptive printed material concerning the affordable transaction accounts available in the same such area and in the same manner. (h) Definitions.--For purposes of this section, the following definitions shall apply: (1) Consumer transaction account.--For purposes of this section, the term ``consumer transaction account'' means a demand deposit account, negotiable order of withdrawal account, share draft account, or any similar transaction account used primarily for personal, family or household purposes. (2) Depository institution.--The term ``depository institution'' has the same meaning as in section 19(b)(1)(A) of the Federal Reserve Act. (3) Federal banking agency.--The term ``Federal banking agency''-- (A) has the same meaning as in section 3(z) of the Federal Deposit Insurance Act; and (B) includes the National Credit Union Administration Board. (4) Insured depository institution.--The term ``insured depository institution''-- (A) has the same meaning as in section 3(c)(2) of the Federal Deposit Insurance Act; and (B) includes an insured credit union (as defined in section 101(7) of the Federal Credit Union Act). (i) Compliance With More Stringent State Law.--If a depository institution operates in a State the laws of which, including regulations, require a depository institution operating in such State to meet requirements for affordable transaction accounts which are more advantageous to the consumer than the requirements of this section or the regulations prescribed under this section, such depository institution may not be treated as a qualified depository institution for purposes of section 19(b)(12) of the Federal Reserve Act, unless such depository institution meets the requirements of this section and the requirements of such State law. (j) Rule of Construction.--No provision of this section, title LXII of the Revised Statutes of the United States, the Home Owners' Loan Act, the Bank Enterprise Act of 1991, the Alternative Mortgage Transaction Parity Act of 1982, or any other Federal law may be construed as preempting, or providing any basis for the Comptroller of the Currency or the Director of the Office of Thrift Supervision to conclude that Federal law in any way preempts, the law of any State which requires depository institution operating in that State to provide affordable transaction accounts, including the Omnibus Consumer Protection and Banking Deregulation Act of 1994 of the State of New York and the New Jersey Consumer Checking Account Act (as in effect on the date of the enactment of this Act). (k) Coordination of Regulations.--Each Federal banking agency shall-- (1) consult and coordinate with other Federal banking agencies to ensure that regulations prescribed by each such agency are consistent with and comparable to the regulations prescribed by each other such agency; and (2) prescribe regulations in final form to implement this section before the end of the 6-month period beginning on the date of the enactment of this Act.", "summary": "Consumer Affordable Transaction Account Act of 2001 - Requires each insured depository institution to make available to consumers an \"affordable transaction account\" containing specified features to be prescribed jointly by the Federal banking agencies, including at least eight free withdrawals per month.Prohibits the imposition of fees upon such account holders which are discriminatory in nature. Authorizes alternative account arrangements.Requires notice of availability of affordable transaction accounts to be posted upon the premises in the same manner as the depository institution posts notice of its other account products.Mandates depository institution compliance with more stringent State law where applicable."}
{"article": "That the 29th Division Association, Incorporated, a nonprofit corporation organized under the laws of the State of New Jersey, is recognized as such and is granted a Federal charter. powers Sec. 2. The 29th Division Association, Incorporated (hereinafter in this Act referred to as the ``corporation''), shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States. objects and purposes of corporation Sec. 3. The objects and purposes of the corporation are those provided in its articles of incorporation and shall include-- (1) the promotion of fellowship among its members; (2) the perpetuation of the record of the 29th Division, United States Army, in the World Wars; (3) the promotion of the welfare of its members, their families, and the families of the members of the Division who lost their lives in the service of Our Country; (4) the consideration of questions concerning the military policy of the United States of America; and (5) to uphold and defend the Constitution of the United States of America. service of process Sec. 4. With respect to service of process, the corporation shall comply with the laws of the State or States in which it is incorporated and the State or States in which it carries on its activities in furtherance of its corporate purposes. membership Sec. 5. (a) Subject to subsection (b), eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the constitution and bylaws of the corporation. (b) Terms of membership and requirements for holding office within the corporation shall not discriminate on the basis of race, color, national origin, sex, religion, or handicapped status. board of directors; composition; responsibilities Sec. 6. The composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and shall be in conformity with the laws of the State or States in which it is incorporated. officers of corporation Sec. 7. The positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and shall be in conformity with the laws of the State or States in which it is incorporated. restrictions Sec. 8. (a) No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual and necessary expenses in amounts approved by the board of directors. (b) The corporation may not make any loan to any officer, director, or employee of the corporation. (c) The corporation may not contribute to, support, or otherwise participate in any political activity or attempt in any manner to influence legislation. No officer or director of the corporation, acting as such officer or director, may commit any act prohibited under this subsection. (d) The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) The corporation shall not claim congressional approval or Federal Government authority for any of its activities. liability Sec. 9. The corporation shall be liable for the acts of its officers and agents whenever such officers and agents have acted within the scope of their authority. books and records; inspection Sec. 10. The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. audit of financial transactions Sec. 11. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end thereof the following: ``(74) 29th Division Association, Incorporated.''. annual report Sec. 12. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit of the corporation required by section 2 of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101). The report shall not be printed as a public document. reservation of right to amend, alter, or repeal charter Sec. 13. The right to amend, alter, or repeal this Act is expressly reserved to the Congress. definition of state Sec. 14. For purposes of this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States. tax-exempt status Sec. 15. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. termination Sec. 16. If the corporation fails to comply with any of the restrictions or provisions of this Act, the charter granted by this Act shall expire.", "summary": "Grants a Federal Charter to the 29th Division Associated, Inc. (a nonprofit corporation organized under the laws of New Jersey)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Educators in Military Service Act of 2005''. SEC. 2. TEACHERS WHO SERVED IN THE ARMED FORCES. (a) Teachers Generally.--Subsection (a) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended-- (1) in paragraph (2)-- (A) in the matter before subparagraph (A), by inserting ``subject to paragraph (4),'' after ``plan described in section 1111,''; (B) in subparagraph (A), by inserting ``subject to paragraph (4),'' before ``shall include''; (2) in paragraph (3), by striking ``As part of the plan'' and inserting ``Subject to paragraph (4), as part of the plan''; and (3) by adding at the end the following: ``(4) Teachers serving in the military.-- ``(A) Extension.--The date by which a State educational agency is required under paragraph (2) to ensure that all teachers teaching in core academic subjects within the State are highly qualified (the end of the 2005-2006 school year), and the date by which a local educational agency is required under paragraph (3) to ensure that all teachers teaching within the school district served by the agency are highly qualified (the end of the 2005-2006 school year), shall be extended to the date determined under subparagraph (C) with respect to eligible teachers described in subparagraph (B). ``(B) Eligible teacher.--For purposes of this paragraph, the term `eligible teacher' means an individual who-- ``(i) is or has been a public elementary school or secondary school teacher and is not described in subsection (a)(1); and ``(ii) is on active duty as a member of the Armed Forces, or is on full-time duty as a member of the National Guard of a State under an order to State active duty under title 32, United States Code, or under State law, on or after January 8, 2002. ``(C) Determination of date.--The date determined under this subparagraph is the later of the following: ``(i) The first day of the first school year beginning on or after the date determined by extending the deadline described in subparagraph (A) for a period equal to the number of days in the teacher's applicable period of military service. ``(ii) If the teacher was enrolled in coursework or professional development that would have contributed toward the teacher becoming highly qualified and the teacher's applicable period of military service interrupted such coursework or professional development, the last day of the next session of equivalent coursework or professional development that begins on or after the date determined by extending the deadline described in subparagraph (A) for a period equal to the number of days in the teacher's applicable period of military service. ``(D) Applicable period of military service.--For purposes of this paragraph, the term `applicable period of military service' means, with respect to an eligible teacher, the period (or sum of periods) that interrupts the teacher's employment as a public elementary school or secondary school teacher and during which the teacher is on active duty as a member of the Armed Forces or is on full-time duty as a member of the National Guard of a State under an order to State active duty under title 32, United States Code, or under State law-- ``(i) beginning on the later of-- ``(I) January 8, 2002; or ``(II) the date on which the teacher begins such period of active duty or full-time duty; and ``(ii) ending on the earlier of-- ``(I) the end of the 2005-2006 school year; or ``(II) the date on which the teacher ceases any such active duty or full-time duty.''. (b) New Special Education Teachers.--Clause (iii) of section 602(10)(D) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(10)(D)) is amended to read as follows: ``(iii) in the case of a new special education teacher who teaches multiple subjects and who is highly qualified in mathematics, language arts, or science, demonstrate competence in the other core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher under section 9101(23)(C)(ii) of such Act, which may include a single, high objective uniform State standard of evaluation covering multiple subjects-- ``(I) not later than 2 years after the date of employment; or ``(II) in the case of such a new special education teacher who begins a period during which the teacher is on active duty as a member of the Armed Forces or is on full-time duty as a member of the National Guard of a State under an order to State active duty under title 32, United States Code, or under State law, within 2 years of such date of employment as a special education teacher, not later than the end of the period that is 2 years plus the number of days of such active duty or full-time duty after such date of employment.''. SEC. 3. PARAPROFESSIONALS WHO SERVED IN THE ARMED FORCES. Subsection (d) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended-- (1) by striking ``Each local'' and inserting the following: ``(1) In general.--Subject to paragraph (2), each local''; and (2) by adding at the end the following: ``(2) Paraprofessionals serving in the military.-- ``(A) Extension.--The date by which a local educational agency is required under paragraph (1) to ensure that all paraprofessionals described in such paragraph satisfy the requirements of subsection (c) shall be extended to the date determined under subparagraph (C) with respect to eligible paraprofessionals described in subparagraph (B). ``(B) Eligible paraprofessional.--For purposes of this paragraph, the term `eligible paraprofessional' means an individual who-- ``(i) is a paraprofessional described in paragraph (1); and ``(ii) is on active duty as a member of the Armed Forces, or is on full-time duty as a member of the National Guard of a State under an order to State active duty under title 32, United States Code, or under State law, on or after January 8, 2002. ``(C) Determination of date.--The date determined under this subparagraph is the later of the following: ``(i) The first day of the first school year beginning on or after the date determined by extending the deadline described in subparagraph (A) for a period equal to the number of days in the paraprofessional's applicable period of military service. ``(ii) If the paraprofessional was enrolled in coursework or professional development that would have contributed toward the paraprofessional becoming highly qualified and the paraprofessional's applicable period of military service interrupted such coursework or professional development, the last day of the next session of equivalent coursework or professional development that begins on or after the date determined by extending the deadline described in subparagraph (A) for a period equal to the number of days in the paraprofessional's applicable period of military service. ``(D) Applicable period of military service.--For purposes of this paragraph, the term `applicable period of military service' means, with respect to an eligible paraprofessional, the period (or sum of periods) that interrupts the paraprofessional's employment in a public elementary school or secondary school and during which the paraprofessional is on active duty as a member of the Armed Forces or is on full-time duty as a member of the National Guard of a State under an order to State active duty under title 32, United States Code, or under State law-- ``(i) beginning on the later of-- ``(I) January 8, 2002; or ``(II) the date on which the paraprofessional begins such period of active duty or full-time duty; and ``(ii) ending on the earlier of-- ``(I) the end of the 2005-2006 school year; or ``(II) the date on which the paraprofessional ceases any such active duty or full-time duty.''.", "summary": "Educators in Military Service Act of 2005 - Amends the Elementary and Secondary Education Act of 1965 to extend the deadlines by which state and local educational agencies are required to ensure that teachers or paraprofessional educators are highly qualified in order to account for their applicable periods of military service. Amends the Individuals with Disabilities Act to extend similar deadlines with respect to new special education teachers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be referred to as the ``Rural Alaska Access Rights Act of 1999''. SEC. 2. AMENDMENT OF ACT. The Alaska National Interest Lands Conservation Act (Public Law 96- 487; 94 Stat. 2371) is amended as follows: (a) Section 101 is amended by adding a new subsection (e) as follows: ``(e) All Federal public land managers in Alaska, or a region that includes Alaska, shall participate in an Alaska National Interest Lands Conservation Act (ANILCA) training class, as outlined in this legislation, to be completed within 120 days after enactment. All future appointed Federal public land managers in Alaska, or a region containing Alaska, shall complete ANILCA training within 60 days of assuming their position.''. (b) Section 103(c) is amended by inserting ``validly selected or'' in the second sentence before the word ``conveyed''. (c) In section 1102, add a new subsection (5) at the end as follows: ``(5) The term `compatible with the uses for which the unit was established' means activities which would not cause significant adverse impacts on conservation system units purposes.''. (d) Section 1105 is amended by designating the existing language as subsection (a) and inserting a new subsection (b) as follows: ``(b) any alternative route that may be identified by the head of the Federal agency shall not be less economically feasible and prudent than the route being sought by the applicant.''. (e) Section 1109 is amended by deleting ``access.'' and inserting in lieu thereof: ``access, including rights-of-way established under Revised Statute 2477.''. (f) The second sentence of section 1110(a) is amended by adding ``specifically and tangibly'' before the word ``detrimental''. (g) The second sentence in section 1110(a) is amended by striking ``area'' and inserting in lieu thereof: ``area: except that (1) reasonable regulations shall not include any requirements for the demonstration of pre-existing use and (2) the Secretary shall limit any prohibitions to the smallest area practicable and to the shortest period of time. No prohibition may be imposed prior to formal consultation with and consideration of the views of the State of Alaska.''. (h) The last sentence of section 1110(b) is amended by inserting ``may include easements, right-of-way, or other interests in land or permits and'' after ``such rights''. (i) In the last sentence of section 1110(b), strike ``lands.'' and insert in lieu thereof: ``lands, except that the Secretary may not impose any unreasonable fees or charges on those seeking to exercise their rights under this subsection. Individuals or entities possessing rights under this subsection shall not be subject to the requirement of sections 1104, 1105, 1106, and 1107 of this Act.''. (j) Section 1301(d) is amended by striking ``permit'' in the final sentence and inserting in lieu thereof ``shall enable''. (k) Section 1303(a)(1)(D) is amended by striking ``located.'' and inserting in lieu thereof: ``located, except that the applicant may not be required to waive, forfeit, or relinquish any possessory or personal interests in a cabin or structure.''. (l) Section 1303(a)(2)(D) is amended by striking ``located.'' and inserting in lieu thereof: ``located, except that the applicant may not be required to waive, forfeit, or relinquish any possessory or personal interests in a cabin or structure.''. (m) Section 1303(b)(3)(D) is amended by striking ``located.'' and inserting in lieu thereof: ``located, except that the applicant may not be required to waive, forfeit, or relinquish any possessory or personal interests in a cabin or structure.''. (n) Section 1303 is amended by adding a new subsection (e) as follows: ``(e)(1) All permits, permit renewals, or renewal or continuation of valid leases issued pursuant to this section shall provide for repair, maintenance, and replacement activities and may authorize alterations to cabins and similar structure that do not constitute a significant impairment of unit purposes. Reasonable access, including access by aircraft, shall be afforded to permittees and lessees for these purposes. ``(2) Fees for all permits and leases issued pursuant to this section shall be reasonable and consistent with purpose of maintaining and facilitating authorized use. Reasonable fees are those that enable the issuing agency to recover and may not exceed permit or lease processing costs. ``(3) For purposes of this section, a claimant shall include persons who have regularly used a cabin related to the provision of authorized fishing or hunting services.''. (o) Section 1307 (a) is amended by adding a new sentence at the end as follows: ``Inability to provide the service for up to a five year period shall not constitute a relinquishment of a right under this section.''. (p) Section 1313 is amended by adding at the end of the first sentence: ``A purpose of all preserve units is to provide for fish and wildlife dependent recreation including fishing and hunting.''. (q) Section 1314 (c) is amended by striking ``law.'' at the end of the first sentence and inserting the following: ``law except that the taking of fish and wildlife for sport as well as subsistence purposes shall be permitted on each unit of the Refuge system in Alaska. The Secretary may designate zones where and periods when no hunting, fishing, and trapping may be permitted for reasons of public safety, administration, floral and faunal protection, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trapping shall be put into effect only after consultation with the appropriate state agency having responsibility over hunting, fishing, and trapping.''. (r) Section 1315 is amended by adding a new subsection ``(g)'' as follows: ``(g) Notwithstanding any other provision of law, within National Forest Wilderness Areas and National Forest Monument areas as designated in this Act, the Secretary of Agriculture shall permit or otherwise regulate helicopter use and landings.''. (s) Section 1316 (a) is amended in the first sentence by deleting ``equipment'' and inserting in lieu thereof: ``equipment, including motorized and mechanical equipment,''. (t) Section 1316 (a) is amended in the second sentence by striking ``consistent with the protection'' and inserting in lieu thereof: ``not inconsistent with the conservation''. (u) Section 1316 (a) is amended by striking ``permittee.'' in the last sentence and inserting in lieu thereof: ``permittee except that structures and facilities may be allowed to stand from season to season.''. (v) Section 1316 (b) is amended by inserting ``significantly'' before the word ``detrimental''. (w) Section 1317 (c) is amended by deleting ``section.'' and inserting in lieu thereof: ``section except that the Secretary shall not establish management directives, guidelines, policies or prescriptions for the purpose of administering any study area to preserve Wilderness values prior to action by Congress on recommendations, if any, for wilderness designation of a study area.''. (x) Section 1319 is amended by designating the existing text as subsection ``(a)'' and adding the following subsection (b): ``(b) Nothing in this Act shall be construed as limiting or restricting the power and authority of the State of Alaska except as expressly provided herein.''. (y) The first sentence of Section 1326 (a) is amended by striking ``withdraws'' in the first sentence and inserting in lieu thereof: ``withdraws, redesignates or reclassifies into a different or additional land management category''.", "summary": "Rural Alaska Access Rights Act of 1999 - Amends the Alaska National Interest Lands Conservation Act to: (1) require all Federal public land managers in Alaska, or a region that includes Alaska, to participate in an Alaska National Interest Lands Conservation Act (ANILCA) training class, and for future Alaska public land managers to complete ANILCA training; (2) require any alternative route across Alaska public lands chosen by the head of a Federal agency to be no less economically feasible and prudent than the route being sought by an applicant; (3) provide that nothing in such Act shall be construed to adversely affect rights-of-way established under Revised Statute 2477; (4) provide that reasonable regulations governing transportation across Alaska public lands shall not include any requirements for the demonstration of pre-existing use (requiring the Secretary of the Interior (Secretary) to limit any access prohibitions to the smallest area practicable and the shortest period of time); (5) allow the Secretary to grant easements and rights-of-way to private landholders across Alaska public lands for economic and other purposes; (6) prohibit the Secretary from imposing unreasonable fees or charges for those seeking to exercise such access rights; (7) require (currently permits) the Secretary to enable specified officials to participate in the development of an Alaska National Park System (System) conservation and management plan; (8) state that a current occupier of a cabin or other structure on System lands may not be required to waive, forfeit, or relinquish any possessory or personal interest therein; (9) authorize necessary repairs or minor alterations to such cabins or structures; (10) require fees for permits and leases to be reasonable and consistent with authorized uses; (11) include fish and wildlife dependent recreation as a purpose of Alaska national preserve units; (12) authorize the Secretary to designate zones where and periods when hunting, fishing, and trapping will be prohibited on Alaska public lands; (13) direct the Secretary of Agriculture to permit or regulate helicopter use and landings within Alaska National Forest Wilderness areas and Alaska National Forest Monument areas; and (14) prohibit the Secretary, on Alaska wilderness areas, from establishing management directives for administering any study area to preserve wilderness values prior to action by Congress on recommendations, if any, for wilderness designation of a study area."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``University Transit Rider Innovation Program Act of 2015'' or ``UTRIP Act''. SEC. 2. FORMULA GRANTS TO INCREASE PUBLIC TRANSPORTATION RIDERSHIP BY COLLEGE STUDENTS. (a) In General.--Chapter 53 of title 49, United States Code, is amended-- (1) by inserting after section 5307 the following: ``Sec. 5308. Formula grants to increase ridership by college students ``(a) Definitions.--In this section-- ``(1) the term `covered student' means an undergraduate or graduate student attending an institution of higher education; ``(2) the term `eligible entity' means-- ``(A) a recipient or subrecipient that provides covered students a discounted fare for public transportation that meets the requirements under subsection (d)(1); or ``(B) a recipient that allocates amounts provided to the recipient under a grant under this section to a subrecipient described in subparagraph (A); ``(3) the term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); ``(4) the term `large urbanized area' means an urbanized area with a population of not less than 200,000 individuals, as determined by the Bureau of the Census; ``(5) the term `recipient' means a designated recipient, a local governmental authority, or a State; ``(6) the term `small urbanized area' means an urbanized area with a population of less than 200,000 individuals, as determined by the Bureau of the Census; and ``(7) the term `subrecipient' means a State or local governmental authority, a private nonprofit organization, or an operator of public transportation services, including a private operator of public transportation services. ``(b) General Authority.-- ``(1) Grants.--The Secretary may make grants under this section to recipients that are eligible entities to increase the use of public transportation by covered students in accordance with subsection (c). ``(2) Subrecipients.--A recipient that receives a grant under this section may allocate the amounts provided under the grant to subrecipients that are eligible entities to increase the use of public transportation by covered students in accordance with subsection (c). ``(c) Use of Funds.--An eligible entity may use amounts provided under a grant under this section to-- ``(1) offset decreased revenue resulting from providing discounted fares to covered students; ``(2) provide general operating assistance to public transportation services and routes designed to better serve institutions of higher education; or ``(3) pay for capital costs associated with expanding and maintaining public transportation services and routes designed to serve institutions of higher education. ``(d) Discounted Fare.-- ``(1) In general.--In order to qualify as an eligible entity described in subsection (a)(2)(A), a recipient or subrecipient shall provide to covered students a discounted fare for public transportation that is-- ``(A) not more than 75 percent of the fare; and ``(B) applicable to both monthly and single-ride fares. ``(2) Rule of construction.--Nothing in paragraph (1) shall be construed to prohibit a recipient or subrecipient that, as of the date of enactment of the University Transit Rider Innovation Program Act of 2015, provides a discounted fare to covered students that meets the requirements under paragraph (1), including a discounted fare that is lower than 75 percent of the fare, from qualifying as an eligible entity described in subsection (a)(2)(A). ``(e) Apportionment and Transfers.-- ``(1) Formula.--The Secretary shall apportion amounts made available to carry out this section as follows: ``(A) Large urbanized areas.--Sixty percent of the funds shall be apportioned among designated recipients for large urbanized areas in the ratio that-- ``(i) the number of full-time equivalent covered students in each such urbanized area; bears to ``(ii) the number of full-time equivalent covered students in all such urbanized areas. ``(B) Small urbanized areas.--Twenty percent of the funds shall be apportioned among the States in the ratio that-- ``(i) the number of full-time equivalent covered students in small urbanized areas in each State; bears to ``(ii) the number of full-time equivalent covered students in small urbanized areas in all States. ``(C) Rural areas.--Twenty percent of the funds shall be apportioned among the States in the ratio that-- ``(i) the number of full-time equivalent covered students in rural areas in each State; bears to ``(ii) the number of full-time equivalent covered students in rural areas in all States. ``(2) Areas served by projects.-- ``(A) In general.--Except as provided in subparagraph (B)-- ``(i) funds apportioned under paragraph (1)(A) shall be used to serve covered students or institutions of higher education in large urbanized areas; ``(ii) funds apportioned under paragraph (1)(B) shall be used to serve covered students or institutions of higher education in small urbanized areas; and ``(iii) funds apportioned under paragraph (1)(C) shall be used to serve covered students or institutions of higher education in rural areas. ``(B) Exceptions.--A State may use funds apportioned to the State under subparagraph (B) or (C) of paragraph (1)-- ``(i) to serve covered students or institutions of higher education in an area other than an area specified in subparagraph (A)(ii) or (A)(iii), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the area specified in subparagraph (A)(ii) or (A)(iii); or ``(ii) to serve covered students or institutions of higher education anywhere in the State, if the State has established a statewide program for meeting the objectives of this section. ``(C) Consultation.--A recipient may transfer an amount under subparagraph (B) only after consulting with responsible local officials, publicly owned operators of public transportation, and nonprofit providers in the area for which the amount was originally apportioned.''; and (2) in section 5338(a)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``$9,347,604,639'' and inserting ``$9,597,604,639''; (ii) in subparagraph (B), by striking ``$9,534,706,043'' and inserting ``$9,784,706,043''; (iii) in subparagraph (C), by striking ``$9,733,353,407'' and inserting ``$9,983,353,407''; (iv) in subparagraph (D), by striking ``$9,939,380,030'' and inserting ``$10,189,380,030''; and (v) in subparagraph (E), by striking ``$10,150,348,462'' and inserting ``$10,400,348,462''; and (B) in paragraph (2)-- (i) in subparagraph (M), by striking ``and'' at the end; (ii) in subparagraph (N), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(M) $250,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5308.''. (b) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 53 of title 49, United States Code, is amended by striking the item relating to section 5308 and inserting the following: ``5308. Formula grants to increase ridership by college students.''. (2) Obligation ceiling.--Section 3018 of the Federal Public Transportation Act of 2015 (title III of Public Law 114-94) is amended-- (A) in paragraph (1), by striking ``$9,347,604,639'' and inserting ``$9,597,604,639''; (B) in paragraph (2), by striking ``$9,733,706,043'' and inserting ``$9,983,706,043''; (C) in paragraph (3), by striking ``$9,733,353,407'' and inserting ``$9,983,353,407''; (D) in paragraph (4), by striking ``$9,939,380,030'' and inserting ``$10,189,380,030''; and (E) in paragraph (5), by striking ``$10,150,348,462'' and inserting ``$10,400,348,462''.", "summary": "University Transit Rider Innovation Program Act of 2015 or the UTRIP Act This bill authorizes the Department of Transportation (DOT) to make grants to designated recipients, local or state governmental authorities, private nonprofit organizations, or operators of public transportation services (recipients) to increase the use of public transportation by undergraduate or graduate students attending an institution of higher education (covered students). A recipient may use amounts provided under a grant to: offset decreased revenue resulting from providing discounted fares to covered students, provide general operating assistance to public transportation services and routes designed to better serve institutions of higher education, or pay for capital costs associated with expanding and maintaining public transportation services and routes designed to serve such institutions. To be eligible for a grant, a recipient must provide to covered students a discounted fare for public transportation that is: (1) not more than 75% of the fare, and (2) applicable to both monthly and single-ride fares. DOT shall apportion amounts made available to carry out this Act to large urbanized areas, small urbanized areas, and rural areas based on the relative numbers of full-time equivalent covered students in such areas, according to a specified formula, with specified exceptions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Telemarketer Identification Act of 2001''. SEC. 2. PROHIBITION ON INTERFERENCE WITH CALLER IDENTIFICATION SERVICES. (a) In General.--Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection (e): ``(e) Prohibition on Interference With Caller Identification Services.-- ``(1) In general.--It shall be unlawful for any person or entity within the United States, in making any commercial telephone solicitation, to interfere with or circumvent the ability of a caller identification service to access or provide to the recipient of the call the information about the call (as required under the regulations issued under paragraph (2)) that such service is capable of providing. ``(2) Regulations.--Not later than 18 months after the date of the enactment of the Telemarketer Identification Act of 2001, the Commission shall prescribe regulations to implement this subsection. The regulations shall-- ``(A) require any person or entity making a commercial telephone solicitation to make such solicitation in a manner such that a recipient of such solicitation having a caller identification service capable of providing such information will be provided by such service with-- ``(i) the name of the person or entity on whose behalf such solicitation is being made, or the name of the person or entity making the solicitation; and ``(ii) a valid and working telephone number at which the person or entity making such solicitation or the person or entity on whose behalf such solicitation was made may be reached during regular business hours for the purpose of requesting that the recipient of such solicitation be placed on the do-not-call list required under section 64.1200 of the Commission's regulations (47 C.F.R. 64.1200) to be maintained by the person making such solicitation; and ``(B) provide that any person or entity who receives a request from a person to be placed on such do-not-call list may not use such person's name and telephone number for any other telemarketing purpose (including transfer or sale to any other entity for telemarketing use) other than enforcement of such list. ``(3) Private right of action.--A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- ``(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation; ``(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater; or ``(C) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B). ``(4) Definitions.--In this subsection: ``(A) Caller identification service.--The term `caller identification service' means any service or device designed to provide the user of the service or device with the telephone number of an incoming telephone call. ``(B) Telephone call.--The term `telephone call' means any telephone call or other transmission which is made to or received at a telephone number of any type of telephone service. Such term includes calls made by an automatic telephone dialing system, an integrated services digital network, and a commercial mobile radio source.''. (b) Delayed Effective Date.-- (1) In general.--The regulations prescribed by the Federal Communications Commission under subsection (e) of section 227 of the Communications Act of 1934, as added by subsection (a), shall take effect on the date that is two years after the date of the enactment of this Act. (2) Additional delay for good cause shown.--The Commission may grant a wavier from compliance with the regulations referred to in paragraph (1) for a period of not more than 24 months upon application (made at such time, in such form, and containing such information as the Commission may require), and after notice to the public and an opportunity for comment, to any person who demonstrates to the satisfaction of the Commission that-- (A) it will comply with the regulations before the expiration of the period of time for which the waiver is requested; (B) without the requested waiver, timely compliance with the regulations would be technically infeasible because of technical problems associated with the telecommunications equipment used by the applicant; and (C) replacement or upgrading of the telecommunications equipment used by the applicant in order to comply with the regulations in a timely manner without the waiver-- (i) would impose an unduly onerous financial burden on the applicant; (ii) is not feasible because the equipment, software, or technical assistance necessary for the replacement or upgrade is not available; or (iii) cannot be completed before the effective date of the regulations. SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS. (a) Effect on State Law.--Subsection (f)(1) of section 227 of the Communications Act of 1934 (47 U.S.C. 227), as redesignated by section 2 of this Act, is further amended-- (1) in subparagraph (C), by striking ``or'' at the end; (2) in subparagraph (D), by striking the period and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(E) interfering with or circumventing caller identification services.''. (b) Actions by States.--The first sentence of subsection (g)(1) of such section 227, as so redesignated, is further amended by inserting after ``this section,'' the following: ``or has engaged or is engaging in a pattern or practice of interfering with or circumventing caller identification services of residents of that State in violation of subsection (e) or the regulations prescribed under such subsection,''.", "summary": "Telemarketer Identification Act of 2001 - Amends the Communications Act of 1934 to make it unlawful for any person or entity making a commercial telephone solicitation to interfere with or circumvent a caller identification service. Provides a cause of action for a person or entity, or a State attorney general on behalf of its residents, for violations of such prohibition. Authorizes the FCC to grant a temporary waiver from compliance for good cause shown (technical infeasibility)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited at the ``Improving Department of State Oversight Act of 2015''. SEC. 2. COMPETITIVE HIRING STATUS FOR FORMER EMPLOYEES OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION. Notwithstanding any other provision of law, any employee of the Special Inspector General for Iraq Reconstruction who completes at least 12 months of service at any time prior to the date of the termination of the Special Inspector General for Iraq Reconstruction, October 5, 2013, and was not terminated for cause shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications. SEC. 3. ASSURANCE OF INDEPENDENCE OF IT SYSTEMS. (a) In General.--The Secretary of State, with the concurrence of the Inspector General of the Department of State, shall certify to the appropriate congressional committees that the Department has made reasonable efforts to ensure the integrity and independence of the Office of the Inspector General Information Technology systems. (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. SEC. 4. PROTECTING THE INTEGRITY OF INTERNAL INVESTIGATIONS. Section 209(c)(5) of the Foreign Service Act of 1980 (22 U.S.C. 3929(c)(5)) is amended by inserting at the end the following new subparagraph: ``(C) Required reporting of allegations and investigations and inspector general authority.-- ``(i) In general.--Each bureau, post or other office (in this subparagraph, an `entity') of the Department of State shall, within five business days, report to the Inspector General any allegations of-- ``(I) waste, fraud, or abuse in a Department program or operation; ``(II) criminal or serious misconduct on the part of a Department employee at the FS-1, GS-15, GM-15 level or higher; ``(III) criminal misconduct on the part of any Department employee; and ``(IV) serious, noncriminal misconduct on the part of any individual who is authorized to carry a weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority. ``(ii) Inspector general authority.--The Inspector General may, pursuant to existing authority, investigate matters covered by clause (i). ``(iii) Limitation on investigations outside of office of inspector general.--No entity in the Department of State with concurrent jurisdiction over matters covered by clause (i), including the Bureau of Diplomatic Security, may initiate an investigation of such matter unless it has first reported the allegations to the Inspector General as required by clause (i), except as provided in clauses (v) and (vi). ``(iv) Cooperation.--If an entity in the Department of State initiates an investigation of a matter covered in clause (i) the entity must, except as provided in clause (v), fully cooperate with the Inspector General, including-- ``(I) by providing to the Inspector General all data and records obtained in connection with its investigation upon request of the Inspector General; ``(II) by coordinating, at the request of the Inspector General, such entity's investigation with the Inspector General; and ``(III) by providing to the Inspector General requested support in aid of the Inspector General's oversight and investigative responsibilities. ``(v) Exceptions.--The Inspector General may prescribe general rules under which any requirement of clause (iii) or clause (iv) may be dispensed with. ``(vi) Exigent circumstances.--Compliance with clauses (i), (iii), and (iv) of this subparagraph may be dispensed with by an entity of the Department of State if complying with them in an exigent circumstance would pose an imminent threat to human life, health or safety, or result in the irretrievable loss or destruction of critical evidence or witness testimony, in which case a report of the allegation shall be made not later than 48 hours after an entity begins an investigation under the authority of this clause and cooperation required under clause (iv) shall commence not later than 48 hours after the relevant exigent circumstance has ended. ``(vii) Rule of construction.--Nothing in this subparagraph may be interpreted to affect any duty or authority of the Inspector General under any provision of law, including the Inspector General's duties or authorities under the Inspector General Act.''. SEC. 5. REPORT ON INSPECTOR GENERAL INSPECTION AND AUDITING OF FOREIGN SERVICE POSTS AND BUREAUS AND OPERATING UNITS DEPARTMENT OF STATE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to Congress on the requirement under section 209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)) that the Inspector General of the Department of State inspect and audit, at least every 5 years, the administration of activities and operations of each Foreign Service post and each bureau and other operating unit of the Department of State. (b) Consideration of Multi-Tier System.--The report required under subsection (a) shall assess the advisability and feasibility of implementing a multi-tier system for inspecting Foreign Service posts featuring more (or less) frequent inspections and audits of posts based on risk, including security risk, as may be determined by the Inspector General. (c) Composition.--The report required under subsection (a) shall include separate portions prepared by the Inspector General of the Department of State, and the Comptroller General of the United States, respectively.", "summary": "Improving Department of State Oversight Act of 2015 This bill grants competitive status for appointment to a position in the competitive service for which the employee is qualified to any employee of the Special Inspector General for Iraq Reconstruction (SIGRI) who was not terminated for cause, and who completes at least 12 months of service at any time before the termination of the SIGRI on October 5, 2013. The Secretary of State shall certify to Congress that the Department of State has made reasonable efforts to ensure the integrity and independence of the Office of the Inspector General Information Technology systems. Each State Department entity under the Foreign Service Act of 1980 shall report within five business days to the Inspector General (IG) any allegations of: program waste, fraud, or abuse; criminal or serious misconduct on the part of a Department employee at the FS-1, GS-15, GM-15 level or higher; criminal misconduct on the part of any Department employee; and serious, noncriminal misconduct on the part of any individual who is authorized to carry a weapon, make arrests, or conduct searches (such as conduct that would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority). No State Department entity with concurrent jurisdiction over such matters, including the Bureau of Diplomatic Security, may initiate an investigation without first reporting the allegations to the IG. A State Department entity that initiates an investigation of such a matter must fully cooperate with the IG, unless the IG authorizes an exception."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnering to Detect and Defeat Tunnels Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Tunnels have been used for centuries around the world as a means of avoiding detection or circumventing defenses. (2) Tunnels can be used for criminal purposes, such as smuggling drugs, weapons, or humans, or for terrorist or military purposes, such as launching surprise attacks or detonating explosives underneath infrastructure. (3) Tunnels have been a growing threat on the southern border of the United States for many years, and the Department of Homeland Security has been working to address this threat. (4) The conflict in Gaza in 2014 showed that terrorists are now actively using tunnels as a means of attack, and news reports indicate that tunnels are being used in Syria as well. (5) Terrorist organizations are quick to adopt successful tactics, and it is only a matter of time before other terrorist organizations begin using tunnels. (6) The facilities of the United States, and those of the allies of the United States, could be under threat very quickly if tunnel threats continue to proliferate. (b) Sense of Congress.--It is the sense of Congress that-- (1) it is in the best interests of the United States to develop technology to detect and counter tunnels, and the best way to do this is to partner with other affected countries; and (2) Israel is facing serious threats posed by tunnels and should be the first partner of the United States in addressing this significant challenge. SEC. 3. DEVELOPMENT OF TUNNEL DETECTION TECHNOLOGY. (a) Partnerships.-- (1) Israel.--The Secretary of Defense, in coordination with the Secretary of State and the Secretary of Homeland Security, shall seek to enter into an agreement with Israel to partner and coordinate in developing and deploying technologies to detect and counter tunnels, including by-- (A) carrying out research, development, testing, and evaluation activities with respect to tunnel detection technologies; and (B) carrying out operational testing of such technologies in both the United States and Israel. (2) Other allies.--In addition to the agreement described in paragraph (1), the Secretary of Defense, in coordination with the Secretary of State and the Secretary of Homeland Security, may seek to enter into similar agreements with allies of the United States to develop technologies to detect and counter tunnels. (b) Lead Development Agency.--The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall designate a military department or other element of the Department of Defense to carry out subsection (a) as the lead agency of the Federal Government for developing technology to detect and counter tunnels. (c) Lead Intelligence Officer.--The Director of National Intelligence shall designate a senior intelligence officer to manage the collection and analysis of intelligence regarding the tactical use of tunnels by state and non-state actors. (d) Annual Reports.--Not later than 180 days after the date of the enactment of this Act, and each year thereafter through 2020, the Secretary of Defense shall submit to Congress a report containing, with respect to the period covered by each such report, the following: (1) Instances of tunnels being used to attack installations of the United States or allies of the United States. (2) Trends or developments in tunnel attacks throughout the world. (3) Key technologies used and challenges faced by potential adversaries of the United States with respect to using tunnels. (4) The capabilities of the Department of Defense for defending fixed or forward locations from tunnel attacks. (5) Partnerships entered into with allies of the United States under this section, and potential opportunities for increased partnerships with other allies with respect to researching tunnel detection technologies. (6) The plans, including with respect to funding, of the Secretary for countering threats posed by tunnels. (e) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated for fiscal year 2016, to carry out this section there is authorized to be appropriated for fiscal year 2016-- (1) for research, development, test, and evaluation, Army, for sensors and electronic survivability, $5,000,000; (2) for research, development, test, and evaluation, Defense-wide, for the physical security program of the Combating Terrorism Technical Support Office, $8,000,000; and (3) for the Joint Improvised Explosive Device Defeat Fund, $10,000,000.", "summary": "Partnering to Detect and Defeat Tunnels Act This bill expresses the sense of Congress that: (1) it is in the best interests of the United States to develop technology to detect and counter tunnels, and the best way to do this is to partner with other affected countries; and (2) Israel is facing serious threats posed by tunnels and should be the first U.S. partner in addressing this challenge. The Secretary of Defense: (1) shall seek to enter into an agreement with Israel to partner in developing and deploying technologies to detect and counter tunnels, (2) may seek to enter into similar agreements with U.S. allies, and (3) shall report to Congress annually through 2020."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Tomorrow by Saving Today Act of 2009''. SEC. 2. EXEMPTION OF CERTAIN INTEREST INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. PARTIAL EXCLUSION OF INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include interest otherwise includible in gross income which is received during the taxable year by an individual. ``(b) Limitations.-- ``(1) Maximum amount.--The aggregate amount excluded under subsection (a) for any taxable year shall not exceed-- ``(A) in the case of any taxable year beginning in 2009, $500 ($1,000 in the case of a joint return), and ``(B) in the case of taxable years beginning after 2009-- ``(i) in the case of a joint return, 200 percent of the dollar amount in effect under clause (ii) for the taxable year, and ``(ii) in any other case, $550. ``(2) Inflation adjustment.--In the case of any taxable year beginning after 2010, the $550 amount contained in paragraph (1)(B)(ii) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. If any increase under the preceding sentence is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10. ``(c) Interest.--For purposes of this section, the term `interest' means-- ``(1) interest on deposits with a bank (as defined in section 581), ``(2) amounts (whether or not designated as interest) paid in respect of deposits, investment certificates, or withdrawable or repurchasable shares, by-- ``(A) a mutual savings bank, cooperative bank, domestic building and loan association, industrial loan association or bank, or credit union, or ``(B) any other savings or thrift institution which is chartered and supervised under Federal or State law, the deposits or accounts in which are insured under Federal or State law or which are protected and guaranteed under State law. ``(d) Certain Nonresident Aliens Ineligible for Exclusion.--For purposes of this section, in the case of a nonresident alien individual, subsection (a) shall apply only in determining the taxes imposed for the taxable year pursuant to sections 871(b)(1) and 877(b).''. (b) Conforming Amendments.-- (1) Subparagraph (A) of section 32(i)(2) of such Code is amended by inserting ``(determined without regard to section 116)'' before the comma. (2) Subparagraph (B) of section 86(b)(2) of such Code is amended to read as follows: ``(B) increased by the sum of-- ``(i) the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and ``(ii) the amount of interest received during the taxable year which is excluded from gross income under section 116.''. (3) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.''. (4) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (5) Subsection (c) of section 584 of such Code is amended by adding at the end the following new flush sentence: ``The proportionate share of each participant in the amount of interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (6) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Interest.--There shall be included the amount of any interest excluded from gross income pursuant to section 116.''. (7) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Partial exclusion of dividends and interest received by individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. INCREASE IN DOLLAR LIMITATIONS ON CONTRIBUTIONS TO RETIREMENT PLANS. (a) Permanent Increase in Dollar Limitation on Deduction for Contributions to Individual Retirement Plans.-- (1) In general.--Paragraph (5) of section 219(b) of the Internal Revenue Code of 1986 is amended-- (A) by amending subparagraph (A) to read as follows: ``(A) In general.--The deductible amount for any taxable year is the applicable dollar amount in effect under section 402(g)(1) for such taxable year.'', and (B) by striking subparagraph (D). (2) Simple retirement accounts.--Subparagraph (E) of section 408(p)(2) of such Code is amended to read as follows: ``(E) Applicable dollar amount.--For purposes of subparagraph (A)(ii), the applicable dollar amount for any taxable year is the applicable dollar amount in effect under section 402(g)(1) for such taxable year.''. (b) Temporary Increase in Contributions to Defined Contribution Plans.-- (1) Increase in limitation on elective deferrals.-- Paragraph (1) of section 402(g) of such Code is amended by adding at the end the following new subparagraph: ``(D) Temporary increase in applicable dollar amount.--In the case of taxable years beginning in calendar year 2009, 2010, or 2011, the applicable dollar amount determined under subparagraph (B) shall not be less than $33,000.''. (2) Increase in combined employee and employer limitation on contributions to defined contribution plans.--Paragraph 1 of section 415(c) of such Code is amended by adding at the end the following new flush sentence: ``In the case of taxable years beginning in calendar year 2009, 2010, or 2011, the dollar amount in effect under subparagraph (A) shall not be less than $65,500.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 4. INCREASE IN PERMITTED CATCH-UP CONTRIBUTIONS TO RETIREMENT PLANS. (a) Temporary Increase in Permitted Catch-Up Contributions.-- (1) In general.--Paragraph (2) of section 414(v) of such Code is amended by adding at the end the following new subparagraph: ``(E) Temporary increase in permitted catch-up contributions.--In the case of taxable years beginning in calendar year 2009, 2010, or 2011, the dollar amount in effect under subparagraph (A) shall not be less than $10,000.''. (2) Individual retirement plans.--Subparagraph (B) of section 219(b)(5) of such Code is amended by adding at the end the following new clause: ``(iii) Special rule for 2009 through 2011.--In the case of taxable years beginning in calendar years 2009, 2010, or 2011, the dollar amount in effect under clause (i) shall not be less than $10,000.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 5. SUSPENSION OF MINIMUM DISTRIBUTION REQUIREMENTS. (a) In General.--In the case of an eligible defined contribution plan of an individual, sections 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Revenue Code of 1986 shall not apply with respect to such individual for any year during the suspension period. (b) Suspension Period.--For purposes of this section, the term ``suspension period'' means the period beginning on January 1, 2008, and ending on December 31, 2012. (c) Eligible Defined Contribution Plan.--For purposes of this section, the term ``eligible defined contribution plan'' means-- (1) a defined contribution plan (within the meaning of section 414(i) of such Code) which is-- (A) an employee's trust described in section 401(a) of such Code which is exempt from tax under section 501(a) of such Code, (B) an annuity plan described in section 403(a) of such Code, (C) an annuity contract described in section 403(b) of such Code, and (D) an eligible deferred compensation plan described in section 457(b) of such Code which is maintained by an eligible employer described in section 457(e)(1)(A) of such Code, and (2) an individual retirement plan (as defined in section 7701(a)(37) of such Code). (d) Special Rules.-- (1) Required beginning date during suspension period.--The required beginning date with respect to any individual under section 401(a)(9) of such Code shall be determined without regard to this section for purposes of applying sections 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 457(d) of such Code for calendar years after 2009. (2) Exception for 5-year rule.--In the case of a distribution required under section 401(a)(9)(B)(ii) of such Code, subsection (a) shall not apply. (3) Exemption of distributions during suspension period from trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405 of such Code, any distribution during the suspension period which, but for subsection (a), would have been a required distribution under section 401(a)(9) of such Code shall not be treated as an eligible rollover distribution. (e) Provisions Relating to Plan Amendments.-- (1) In general.--If this subsection applies to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies.-- (A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to this section or pursuant to any regulation issued by the Secretary of the Treasury to carry out this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2009. (B) Conditions.--This subsection shall not apply to any amendment unless during the period beginning on the date such amendment takes effect and ending on December 31, 2009 (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect. (f) Effective Date.--This section shall take effect on the date of the enactment of this Act.", "summary": "Securing Tomorrow by Saving Today Act of 2009 - Amends the Internal Revenue Code to: (1) allow an exclusion from gross income of interest earned on deposits with certain financial institutions; (2) allow increased contributions, including catch-up contributions, to retirement plans in 2009, 2010, and 2011; and (3) suspend minimum distribution requirements from tax-deferred pension plans and individual retirement accounts between 2008 and 2013."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Kids from Day One Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Preschool years are a critical time for determining whether or not an individual will develop obesity later in life. (2) The Journal of Clinical Pediatrics reports that the ``tipping point'' in obesity often occurs before 2 years of age, and sometimes as early as 3 months, when the child is learning how much and what to eat. (3) Aerobic fitness and healthy eating patterns support enhanced behavioral, emotional, and academic performance in school. (4) More than 21 percent of preschool children are overweight or obese. (5) A 2009 preschool study found that 89 percent of a preschooler's day is sedentary. (6) The amount of time children spend outdoors is dwindling rapidly, as evidenced by studies showing that children enjoy half the outdoor time they did just 20 years ago. Meanwhile, children are spending nearly 8 hours per day in front of electronic media. (7) Studies indicate that children who are overweight at age 5 are more likely to be more overweight at age 9. (8) Rates of obesity are higher for African-American, Latino, Native American, and Native Alaskan children than the overall population of the children in the United States. (9) Children who are obese have a greater likelihood of being obese in adulthood and developing heart disease, diabetes, and other chronic conditions. (10) In 2005, 61 percent of children from birth through age 6 who were not yet in kindergarten (about 12,000,000 children) received some form of child care on a regular basis from persons other than their parents. (11) A 2008 survey by the National Association of Child Care Resource and Referral Agencies reported that 93 percent of parents thought existing health and safety standards for child care should be improved. (12) Child care centers, family child care homes, and other early learning environments should serve as settings where children adopt healthy eating habits and have opportunities for age appropriate physical activity. (13) Age-appropriate physical activity in the outdoors, in particular, can produce immense physical, mental and emotional health benefits, including addressing childhood obesity, decreasing symptoms of attention deficit and hyperactivity disorder, improving motor skills, stimulating brain development, increasing creativity and quality sleep, and reducing the risk of developing myopia. (14) The governmental, nonprofit, and private sectors came together to launch Let's Move Child Care, a voluntary effort to work with child care providers to help children get off to a healthy start through healthy eating, physical activity, and screen time reduction strategies. Learning collaboratives that build upon these key elements will assist providers and parents in giving children the foundation they need for a healthy life. (b) Purposes.--It is the purpose of this Act to-- (1) establish a 3-year pilot program in 5 States representing a diversity of rural and urban environments that will support child care collaboratives designed to reduce the prevalence of overweight/obesity among children from birth to age 5 in child care settings through dissemination of available tools and curricula and implementation of emerging best practices; (2) enhance the focus of child care centers and family child care homes serving the population of children from birth to age 5 on the healthy development of children through evidence-based or data-informed policies and practices to improve healthy eating, physical activity, and screen time limits; and (3) upon completion of the 3-year period, terminate the pilot program and disseminate the best practices and lessons learned from the pilot program through other systems, programs, or partnerships. SEC. 3. HEALTHY KIDS PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART W--HEALTHY KIDS PROGRAM ``SEC. 399OO. DEFINITIONS. ``In this part: ``(1) Child care center.--The term `child care center' means a center licensed or otherwise authorized to provide child care and services for fewer than 24 hours per day per child in a non-residential setting, unless care in excess of 24 hours is due to the nature of the parents' work. ``(2) Early learning council.--The term `early learning council' means an early childhood assembly that is established to advise governors, State legislators, or State agency administrators on how best to meet the needs of young children and their families specifically through improvement of programs and services. ``(3) Family child care home.--The term `family child care home' means a private family home where home-based child care is provided for a portion of the day, unless care in excess of 24 hours is due to the nature of the parents' work, and that is certified, registered, or licensed in the State in which it is located. ``(4) Screen time limits.--The term `screen time limits' means policies or guidelines, such as those developed by the American Academy of Pediatrics, designed to reduce the daily amount of time that children spend watching or looking at digital monitors or displays, including television sets, computer monitors, or hand-held gaming devices. ``(5) State.--Notwithstanding section 2(f), the term `State' means-- ``(A) each of the several States; ``(B) the District of Columbia; ``(C) an Indian tribe or tribal organization; ``(D) the Commonwealth of Puerto Rico; and ``(E) any other territory or possession of the United States. ``SEC. 399OO-1. GRANTS. ``(a) In General.-- ``(1) In general.--The Secretary, in consultation with appropriate entities within the Department of Health and Human Services, shall award 3-year competitive grants to 5 eligible entities to help reduce and prevent obesity among the population of children from birth to age 5 in a State and to encourage parental engagement in child care settings outside a child's place of residence. ``(2) Eligible entities.--To be an eligible entity under paragraph (1), an entity shall be-- ``(A) a State health department (or other appropriate child care licensing entities within such State); or ``(B) a nonprofit organization or a partnership of nonprofit organizations with expertise in the healthy development of children. ``(b) Use of Funds.-- ``(1) In general.--Grantees shall use amounts received under a grant under this subsection-- ``(A)(i) to establish one or more child care collaboratives consisting of the center director and staff members from multiple child care sites and family child care homes; ``(ii) in the case of a State grantee, to contract with a nonprofit organization in the State with expertise in the healthy development of children to establish the collaborative or collaboratives; or ``(iii) to provide funding to an entity that routinely trains child care providers to establish the collaborative or collaboratives; and ``(B) to provide or contract with the organizer of the collaborative or collaboratives to provide-- ``(i) technical assistance, including onsite assistance when appropriate, to the child care providers participating in the collaborative; ``(ii) a compilation of best practices, strategies, and lessons learned from the collaborative, to be reported annually to the Secretary; and ``(iii) a plan to ensure that the collaborative will be sustainable, without additional Federal funding, upon the conclusion of the 3-year pilot program. ``(2) Collaboratives.--Each collaborative established under clause (i), (ii), or (iii) of paragraph (1)(A) shall share best practices, strategies, and techniques for successfully implementing evidence-based or data-informed policies and practices relating to healthy eating, physical activity, parental engagement, and other topics, such as breastfeeding, relating to the healthy development of children, using available curricula, tools, and other interventions. ``(3) Content of plan.--The plan described under paragraph (1)(B)(iii) may include the incorporation of the best practices, strategies, and techniques described in paragraph (2) into the training and professional development for child care providers in the State or other approaches determined appropriate by the State and the Secretary. ``(c) Collaborative Training Requirements.-- ``(1) In general.--Collaboratives shall incorporate no less than 5 and no more than 10 daylong, interactive training sessions each year and ongoing technical assistance to the child care providers participating in the collaborative that include-- ``(A) the provision and discussion of information concerning implementation by the child care providers of age-appropriate healthy eating and physical activity interventions, using available tools and culturally competent curricula for population of children from birth to age 5 in the State involved, which at a minimum shall include-- ``(i) a handbook that includes recommendations, guidelines, and best practices for child care centers and family child care homes relating to healthy eating, physical activity, and screen time reduction; ``(ii) information about the availability of and services provided by child care health consultants; and ``(iii) health and wellness resources available through the Child Care Bureau, the Maternal and Child Health Bureau, Let's Move Child Care, and the Food and Nutrition Service of the Department of Agriculture; ``(B) the identification, improvement upon, and expansion of nutrition and physical activity best practices targeted to the population of children from birth to age 5 in the State involved and the identification of strategies for incorporating parental education and other parental engagement; ``(C) the identification of strategies and techniques for overcoming barriers to healthy eating, physical activity, and parental engagement; and ``(D) the provision of instruction and discussion of techniques used to appropriately model, direct, and encourage child care staff behavior to apply the best practices and strategies identified under subparagraphs (B) and (C). ``(d) Practice, Curricula, and Policy Changes.--A grantee shall ensure that the participants involved in the collaborative, on an ongoing basis-- ``(1) implement policy changes that promote healthy eating, physical activity, and appropriate screen time limits among the population of children from birth to age 5; ``(2) utilize a culturally competent healthy eating and physical activity curriculum focusing on such population of children from birth to age 5; ``(3) implement programs, activities, and procedures for incorporating parental education and engagement of parents in programs; and ``(4) implement innovative ways to remove barriers that exist to providing opportunities for healthy eating and physical activity. All activities described in this subsection shall be evidence-based and data-informed and be consistent with the curriculum presented through training activities described in subsection (c). ``SEC. 399OO-2. GRANTS FOR THE EVALUATION OF PILOT PROGRAMS. ``The Secretary shall award competitive grants to Prevention Research Centers, universities, or other appropriate entities to evaluate the programs carried out with grants under section 399OO-1, including baseline, process, and outcome measurements. ``SEC. 399OO-3. COORDINATION. ``(a) Interagency Coordination.--To the extent practicable, the Secretary shall coordinate activities conducted under this part with activities undertaken by the National Prevention, Health Promotion and Public Health Council established under section 4001 of the Patient Protection and Affordable Care Act. ``(b) Pilot Coordination.--The Secretary shall designate an entity (directly or through contract) to provide technical assistance to States and pilot centers in the coordination of activities as described in subsection (a). ``SEC. 399OO-4. TECHNICAL ASSISTANCE, EVALUATION, AND REPORTING. ``(a) Technical Assistance and Information.--The Secretary shall-- ``(1) provide technical assistance to grantees and other entities providing training under a grant under section 399OO- 1; and ``(2) disseminate to grantees information concerning evidence-based or data-informed approaches, including dissemination of available tools, curricula, and available or emerging best practices that can be expanded or improved upon through the pilot program conducted under section 399OO-1. ``(b) Evaluation Requirements.--With respect to evaluations conducted under section 399OO-2, the Secretary shall ensure that-- ``(1) evaluation metrics are consistent across all programs funded under this part; ``(2) interim outcomes are measured by the number of centers that adopt policies to increase healthy eating and physical activity and reduce screen time; ``(3) interim outcomes are measured, to the extent practicable, by changes in foods served, opportunities for physical activity, and screen time in the child care participants in the collaboratives established under section 399OO-1; and ``(4) upon completion of the pilot program under section 399OO-1, the evaluation shall include an identification of policies, best practices, and strategies to improve healthy eating, physical activity, screen time limits, and parental engagement that could be replicated in other child care settings. ``(c) Dissemination of Information.--Upon the conclusion of the pilot program under section 399OO-1, the Secretary shall disseminate to all appropriate agencies within the Department of Health and Human Services evidence, strategies, best practices, and lessons learned from grantees. Such agencies shall encourage the utilization of best practices through Federal programs and other appropriate methods. ``(d) Report to Congress.--Not later than 180 days after the completion of the pilot program under section 399OO-1, the Secretary shall submit to Congress a report concerning the evaluation of the pilot program, including recommendations as to how lessons learned from such programs can be incorporated into future guidance documents developed and provided by the Secretary and other Federal agencies, as well as Federal programs, as appropriate. ``SEC. 399OO-5. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part, $1,500,000 for each of fiscal years 2012, 2013, and 2014.''.", "summary": "Healthy Kids from Day One Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award three-year competitive grants to five eligible entities to help reduce and prevent obesity among children from birth to age five in a state and to encourage parental engagement in child care settings outside a child's place of residence. Identifies as eligible entities: (1) a state health department or other appropriate child care licensing entities within the state, or (2) a nonprofit organization or a partnership of nonprofit organizations with expertise in the healthy development of children. Requires grant funds to be used to: (1) establish child care collaboratives; (2) provide funding to entities that routinely train child care providers to establish collaboratives; and (3) provide technical assistance to participating providers, a compilation of best practices, strategies, and lessons learned from the collaborative, and a plan to ensure that the collaborative will be sustainable, without additional federal funding, upon the conclusion of the grants. Requires each collaborative to: (1) share best practices, strategies, and techniques for successfully implementing policies and practices relating to healthy eating, physical activity, parental engagement, and other topics relating to the healthy development of children; and (2) incorporate between 5 and 10 day-long, interactive training sessions each year and ongoing technical assistance to participating child care providers. Directs the Secretary to: (1) award grants to Prevention Research Centers, universities, or other appropriate entities to evaluate programs carried out under such grants; (2) coordinate activities conducted under this Act with activities undertaken by the National Prevention, Health Promotion, and Public Health Council; and (3) disseminate to all appropriate HHS agencies evidence, strategies, best practices, and lessons learned from grantees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Pension Parity Act of 1995''. SEC. 2. EXCLUSION FOR CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT SYSTEMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT SYSTEMS. ``(a) General Rule.--Gross income does not include any amount (otherwise includable in gross income) received by an individual as a qualified governmental pension. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount excluded under subsection (a) for the taxable year shall not exceed-- ``(A) the maximum excludable social security benefits of the taxpayer for such year, reduced by ``(B) the social security benefits (within the meaning of section 86(d)) received by the taxpayer during such year which were excluded from gross income. ``(2) Service requirement.--Subsection (a) shall not apply to any qualified governmental pension received by the taxpayer during the taxable year unless the taxpayer (or the spouse or former spouse of the taxpayer) performed the service giving rise to such pension. ``(c) Definitions.--For purposes of this section: ``(1) Qualified governmental pension.--The term `qualified governmental pension' means any pension or annuity received under a public retirement system to the extent such pension or annuity is not attributable to service-- ``(A) which constitutes employment for purposes of chapter 21 (relating to the Federal Insurance Contributions Act), or ``(B) which is covered by an agreement made pursuant to section 218 of the Social Security Act. ``(2) Maximum excludable social security benefits.--The term `maximum excludable social security benefits' means an amount equal to so much of the applicable maximum benefit amount for the taxpayer for the taxable year which would be excluded from gross income if such benefit amount were treated as social security benefits (within the meaning of section 86(d)) received during the taxable year. ``(3) Applicable maximum benefit amount.--The term `applicable maximum benefit amount' means-- ``(A) in the case of an unmarried individual, the maximum individual social security benefit, ``(B) in the case of a joint return, 150 percent of the maximum individual social security benefit, or ``(C) in the case of a married individual filing a separate return, 75 percent of the maximum individual social security benefit. For purposes of the preceding sentence, marital status shall be determined under section 7703. ``(4) Maximum individual social security benefit.-- ``(A) In general.--The term `maximum individual social security benefit' means, with respect to any taxable year, the maximum total amount (as certified by the Commissioner of Social Security to the Secretary) which could be paid for all months in the calendar year ending in the taxable year as old-age insurance benefits under section 202(a) of the Social Security Act (without regard to any reduction, deduction, or offset under section 202(k) or section 203 of such Act) to any individual who attained retirement age (as defined in section 216(l)), and filed application for such benefits, on the first day of such calendar year. ``(B) Part years.--In the case of an individual who receives a qualified governmental pension with respect to a period of less than a full taxable year, the maximum individual social security benefit for such individual for such year shall be reduced as provided in regulations prescribed by the Secretary to properly correspond to such period. ``(5) Public retirement system.--The term `public retirement system' means any pension, annuity, retirement, or similar fund or system established by the United States, a State, a possession of the United States, any political subdivision of any of the foregoing, or the District of Columbia.'' (b) Technical Amendment.--Subparagraph (A) of section 86(b)(2) of such Code (defining modified adjusted gross income) is amended by inserting ``137,'' before ``911''. (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from income) is amended by redesignating the item relating to section 137 as section 138 and by inserting after the item relating to section 136 the following new item: ``Sec. 137. Certain pensions and annuities under public retirement systems.'' (d) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Public Pension Parity Act of 1995 - Amends the Internal Revenue Code to: (1) exclude from gross income any amount received by an individual as a qualified governmental pension which does not exceed the maximum excludable social security benefits of the taxpayer for such year reduced by the social security benefits received during such year which were excluded from gross income; and (2) prohibit applying clause (1) to any qualified governmental pension received during the taxable year unless the taxpayer (or the spouse or former spouse of the taxpayer) performed the service giving rise to such pension. Defines the term \"maximum excludable social security benefits.\""}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Military and Police Operations through Women's Engagement and Recruitment Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States National Action Plan On Women, Peace and Security expresses the unqualified commitment of the United States to integrating women's perspectives fully into our diplomatic, defense, and development efforts not simply as beneficiaries, but as agents of peace, security, reconciliation, development, growth, and stability. The plan also specifies the following priorities: (A) Providing assistance to support women's participation, integration, and leadership in the security sector. (B) Working with partner nations to increase women's participation in United States-funded training programs for foreign police, judicial, and military personnel, including professional military education, as well as exchange programs, conferences, and seminars. (C) Utilizing the participation of female members of the United States Armed Forces to encourage and model gender integration in the armed forces of partner nations. (2) The Department of State's 2015 Quadrennial Diplomacy and Development Review states that-- (A) the United States is promoting initiatives based on the unique roles that women and girls play in preventing and responding to conflict; and (B) gender equality is a core element in policy development, strategy and budget planning, policy and program implementation, management and training, and monitoring and evaluation of results. (3) United States security sector assistance is a key engagement tool with our foreign partners. Security sector assistance helps further United States interests by seeking to professionalize and develop the police and militaries of our foreign partners, shaping the security sector policies of foreign governments, and building sustainable and legitimate institutions to provide security and justice and respond to the needs of populations. Security sector assistance can also support broad United States policy goals, including respect for human rights, civilian control of the military, and the rule of law. (4) To support these efforts, the United States Department of State provides funding for a number of training programs for military forces, police and other security forces, and international peacekeeping operations. (5) Women are underrepresented in security forces worldwide. For instance, in South Asia-- (A) women make up less than 1 percent of Pakistan's total police force; (B) women make up less than 5 percent of Bangladesh's total police force; and (C) women make up less than 7 percent of India's total police force. (6) As demonstrated by United States Female Engagement Teams deployed to Afghanistan, female soldiers can enhance the operational effectiveness of security operations and gather information and provide access to local populations that all- male units cannot engage or search. (7) Female military and police can provide critical contributions to security. For Afghanistan's 2014 presidential elections, Afghanistan's Ministry of Interior recruited and trained 13,000 females to provide security and conduct searches of women at checkpoints and polling stations. Female police facilitated the participation of women in elections. (8) The International Military Education and Training (IMET) program, funded by the United States Department of State, provides professional military training for the future leaders of our foreign partners, enhances interoperability with the United States Armed Forces, builds relationships among international and United States military students, and conveys United States customs and cultural norms. (9) Of the 141 countries that received IMET funding from Fiscal Year 2011 through Fiscal Year 2015, only approximately 7 percent of IMET program participants from those countries were women. (10) United States international police training programs that are specifically focused on women have proven effective in recruiting and retaining women. In Lebanon, for instance, a Department of State-funded basic cadet course for women was instrumental in helping Lebanon's Internal Security Forces increase the number of police officers from two to 610. (11) United States security assistance for peacekeeping builds the capabilities of our partner countries, increases the number of military and police personnel available for deployment to support peace operations, and facilitates the logistical support and deployment of units to peace operations. (12) Studies demonstrate that the inclusion of higher proportions of female peacekeepers is associated with fewer allegations of sexual abuse and exploitation, as is the inclusion of personnel from countries with better records of gender equality. (13) Female peacekeepers are uniquely capable of assisting female survivors of sexual violence. Reports demonstrate that victims are more likely to report incidents of abuse to women in the police or military. In Liberia, the presence of a female Indian peacekeeping unit increased reporting of sexual abuse and encouraged the recruitment of women to the national police. (14) Despite the recognition of the importance of increasing the number of women in peacekeeping operations, according to the United Nations, as of February 2016-- (A) women comprised only 3 percent of total military forces deployed to peacekeeping missions; and (B) women comprised only 9 percent of total police forces deployed to peacekeeping missions. (15) The Global Peace Operations Initiative is a United States security assistance program to train, deploy, and build the capacity of peacekeepers worldwide. Through the Global Peace Operations Initiative, the United States has worked to increase the participation of female peacekeepers in United Nations operations. With dedicated United States assistance, over the last five years, the countries that received assistance under the Global Peace Operations Initiative nearly doubled the number of deployed female military peacekeepers from 1,396 to 2,539. Of the countries that received assistance under the Global Peace Operations Initiative that deploy personnel to peacekeeping missions, as of January 2016-- (A) women comprised approximately 4 percent of total military forces deployed to peace operations; and (B) women comprised approximately 7 percent of formed police units and 10 percent of total police forces deployed to peace operations. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to recognize and respond to the significant shortage of women at all levels in foreign military and police forces; (2) to prioritize the identification, engagement, and support of women leaders at all levels in foreign security sectors; (3) to increase the recruitment, retention, professionalization, and promotion of women in foreign security sectors, specifically in the military and police forces; (4) to promote the meaningful inclusion and deployment of women in security operations; and (5) to enhance and expand United States training opportunities for women at all levels in foreign militaries and police forces. SEC. 4. FOREIGN MILITARY EXCHANGES. The Department of State, in coordination with the Department of Defense, shall seek to increase the participation of women receiving training under the International Military Education and Training program at United States military schools and training institutions, with the goal of doubling female participation in such programs globally by September 30, 2019. SEC. 5. COUNTERING TERRORISM AND VIOLENT EXTREMISM. (a) In General.--The Department of State shall seek to increase the participation of women receiving training under the Department of State's Anti-Terrorism Assistance (ATA) programs, with the goal of doubling the total women receiving such training by September 30, 2019. (b) Mandate.--The Department of State shall make explicit in its mandate for ATA programs its priority to increase the participation of women. SEC. 6. PEACEKEEPING OPERATIONS. (a) In General.--The Department of State shall work with partner countries receiving peacekeeping training assistance to prioritize the integration, training, and deployment of qualified female peacekeepers in peace operations. The Department of State shall work with partner countries receiving peacekeeping training assistance to prioritize the employment, development, and integration of female peacekeeping trainers. (b) United Nations Peacekeeping Missions.--Through the United States Mission to the United Nations, the Department of State shall promote an increase in the recruitment, retention, and leadership roles of female personnel assigned to United Nations peacekeeping missions. (c) Increased Deployment of Female Peacekeepers.--The Department of State may work with partner countries receiving United States peacekeeping training assistance to double the number of qualified women deployed to peace operations not later than 5 years after the date of the enactment of this Act. SEC. 7. LAW ENFORCEMENT. (a) Participation Requirement.--The Department of State shall establish female participation requirements for its police training programs and work with partner countries to ensure that women account for not less than 10 percent of nominees for United States-funded police training programs. (b) Communication of Requirement.--The Department shall make explicit its priority to increase the participation of women in the design and implementation of all police training programs. SEC. 8. MONITORING AND EVALUATION. The Secretary of State, the Secretary of Defense, and representatives of other relevant Federal agencies and departments, as appropriate, shall develop a plan for the monitoring and independent evaluation of programs, projects, and activities carried out under this Act. SEC. 9. REPORTING REQUIREMENTS. (a) In General.--The Secretary of State, in conjunction with the Secretary of Defense, shall designate appropriate officials to brief the appropriate congressional committees, not later than 1 year after the date of the enactment of this Act, on-- (1) the existing, enhanced, and newly established training carried out pursuant to this Act; (2) diplomatic actions undertaken to promote the targets set forth in this Act; (3) the guidelines established for overseas United States diplomatic and military personnel to engage with foreign counterparts pursuant to this Act; (4) progress towards the targets set forth in this Act; and (5) actions to address the structural and systemic barriers to women's recruitment, retention, and professionalization for the largest recipients of United States security sector assistance. (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.", "summary": "Enhancing Military and Police Operations through Women's Engagement and Recruitment Act of 2016 This bill requires the Department of State, in coordination with the Department of Defense (DOD), to seek to increase the participation of women receiving training under the International Military Education and Training program at U.S. military schools and training institutions, with the goal of doubling female participation globally by September 30, 2019. The State Department shall seek to increase the participation of women receiving training under its Anti-Terrorism Assistance (ATA) programs, with the goal of doubling the total women receiving such training by September 30, 2019, and make explicit in its mandate for ATA programs its priority to increase women's participation. State shall work with partner countries receiving peacekeeping training assistance to: (1) prioritize the integration, training, and deployment of qualified female peacekeepers in peace operations; (2) prioritize the employment, development, and integration of female peacekeeping trainers; and (3) double the number of qualified women deployed to peace operations within five years. State also shall: promote an increase in the recruitment, retention, and leadership roles of female personnel assigned to United Nations peacekeeping missions; establish female participation requirements for its police training programs and work with partner countries to ensure that women account for at least 10% of nominees for U.S.-funded police training programs; make explicit its priority to increase women's participation in the design and implementation of all police training programs; develop a plan for the monitoring and independent evaluation of programs, projects, and activities carried out under this bill; and designate officials to brief Congress regarding actions taken under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Spirit of America Commemorative Coin Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) On September 11, 2001, the United States suffered the worst act of terrorism in its history. (2) The more than 6,000 people who lost their lives as a result of the terrorist attacks that occurred in New York City, at the Pentagon, and in Pennsylvania on September 11, 2001, will not be forgotten. (3) Hundreds of emergency personnel responded heroically to the crisis and lost their lives as a result. (4) People from everywhere in the United States responded to the crisis with an outpouring of support for the victims of the terrorist attacks and their families. (5) The civilized world stands with strength and fortitude in opposition to the cowardly terrorist attacks against the United States that occurred on September 11, 2001. (6) It is essential to remember not only the tragedy of the attacks, but also the strength and resolve demonstrated by the people of the United States in the aftermath of the attacks. (7) The minting of coins in commemoration of the Spirit of America will pay tribute to the countless heroes who risked their lives during the terrorist attacks and in their aftermath so that others may live and to a united people whose belief in freedom, justice, and democracy has never swayed. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the Spirit of America, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $50 gold coins.--Such number of 50 dollar coins as the Secretary determines under subsection (b), which shall-- (A) weigh 1 ounce; (B) have a diameter of 1.287 inches; and (C) contain 91.67 percent gold and 8.33 percent alloy. (2) $1 silver coins.--Such number of 1 dollar coins as the Secretary determines appropriate to meet demand, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Such number of half dollar coins as the Secretary determines appropriate to meet demand, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Number of Gold Coins.--The Secretary, in consultation with the Attorney General of the United States and the Governors of New York, Pennsylvania, and Virginia shall determine the number of innocent individuals confirmed or presumed to have been killed as a result of the terrorist attacks against the United States that occurred on September 11, 2001, and shall identify such individuals. The Secretary, under subsection (a)(1), shall mint and issue a number of 50 dollar coins equal to the number of such individuals. (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (e) Sources of Bullion.--For the purpose of minting coins under this Act, the Secretary may only use metals that are from natural deposits in the United States or any territory or possession of the United States. (f) Special Treatment Under Exigent Circumstances.-- (1) Findings.--The Congress finds as follows: (A) The limitations contained in paragraphs (1) and (2)(A) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title have well served, and continue to serve, their purpose of bringing greater stability to the markets for commemorative coins, maximizing demand and participation in such programs, and ensuring that such programs have a broad base of private support and are not used as the primary means of fundraising by organizations that are the recipients of surcharges. (B) The shocking circumstances of September 11, 2001, the broad base of public interest in showing the Spirit of America and participating in the raising of funds for the victims of the crimes committed on that date, and the importance of implementing this coin program as quickly as possible, notwithstanding the fact that 2 commemorative coin programs are already in effect for 2001 and 2002, justify exempting the coins produced under this Act from such limitations. (2) Exemption.--Paragraphs (1) and (2) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title shall not apply to coins authorized under this Act. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the date ``September 11, 2001'' (and such coin shall bear no other date); and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Obverse of Coin.--The obverse of each coin minted under this Act shall bear the likeness of-- (1) the Pentagon; and (2) the flag of the United States. (d) Reverse of Coin.--The reverse of each coin minted under this Act shall bear the likeness of the World Trade Center in New York City. (e) Selection.--The design for the coins minted under this Act shall be selected by the Secretary after consultation with the Commission of Fine Arts. SEC. 5. STRIKING AND ISSUANCE OF COINS. (a) Quality of Coins.-- (1) In general.--Except as provided under paragraph (2), coins minted under this Act shall be issued in uncirculated quality. (2) Gold coins.--50 dollar coins minted under section 3(a)(1) shall be issued only in proof quality. (b) Mint Facility.-- (1) In general.--Except as provided under paragraph (2), only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2) Clad coins.--Any number of facilities of the United States Mint may be used to strike the half dollar coins minted under section 3(a)(3). (c) Period for Issuance.--The Secretary-- (1) shall commence issuing coins minted under this Act as soon as possible after the date of the enactment of this Act; and (2) shall not issue any coins after the end of the 1-year period beginning on the date such coins are first issued. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under paragraphs (2) and (3) of section 3(a) shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharges required by section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under paragraphs (2) and (3) of section 3(a) at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders received before the issuance of the coins minted under paragraphs (2) and (3) of section 3(a). The sale prices with respect to such prepaid orders shall be at a reasonable discount. (d) Gold Coins.--Notwithstanding section 5(c)(2), the Secretary may issue a 50 dollar coin minted under section 3(a)(1) free of charge to the next of kin of each individual identified under section 3(b). The Secretary may not sell any 50 dollar coin minted under section 3(a)(1) and may not issue any such coin except as provided in the preceding sentence. SEC. 7. SURCHARGES ON SALE OF COINS. (a) Assessment.--Any sale by the Secretary of a coin minted under this Act shall include a surcharge of an amount determined by the Secretary to be sufficient to cover the cost of the gold coins minted under section 3(a)(1) (including labor, materials, dies, use of machinery, overhead expenses, and shipping), which charge may not be less than-- (1) $10 per coin for the 1 dollar coin; and (2) $5 per coin for the half dollar coin. (b) Distribution of Excess Proceeds.--To the extent provided in advance in appropriation Acts, any proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act in excess of the cost of producing all coins issued under this Act shall be paid promptly by the Secretary to the Office for Victims of Crime, in the Department of Justice, for the purpose of providing assistance to individuals who were injured, and to the families of individuals who were killed or injured, in the terrorist attacks against the United States on September 11, 2001. SEC. 8. VICTIMS OF SEPTEMBER 11TH FUND. (a) Establishment.--There is hereby established on the books of the Treasury a fund to be known as the ``Victims of September 11th Fund'' (hereinafter in this section referred to as the ``Fund''), to be administered by the Attorney General, acting through the Director of the Office for Victims of Crime. (b) Amounts.--The Fund shall consist of the amounts transferred to the Office for Victims of Crime pursuant to section 7(b). (c) Use.--Subject to subsection (d), amounts in the Fund shall be used to provide assistance to individuals who were injured, and to the families of individuals who were killed or injured, in the terrorist attacks against the United States on September 11, 2001. (d) Administrative Costs.--No cost incurred in providing assistance under subsection (c), or in administering the Fund, shall be paid from the Fund or set off against or otherwise deducted from any assistance to any individual. (e) Investment.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the Fund. (f) Coordination With September 11th Victim Compensation Fund of 2001.--No assistance provided under subsection (c), including assistance in the form of cash, shall be considered collateral source compensation for purposes of title IV of the Air Transportation Safety and System Stabilization Act (Public Law 107-42). (g) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this section.", "summary": "Spirit of America Commemorative Coin Act of 2001 - Directs the Secretary of the Treasury to mint and issue $50 gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001.Establishes the Victims of September 11th Fund which shall consist of amounts from surcharges received from the sale of such coins transferred to the Office for Victims of Crime for individuals who were injured, and to the families of individuals who were killed or injured, in the terrorist attacks against the United States on September 11, 2001."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Over-Classification Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) A key conclusion in the Final Report of the National Commission on Terrorist Attacks Upon the United States (commonly known as the ``9/11 Commission'') was the need to prevent over-classification by the Federal Government. (2) The 9/11 Commission and others have observed that the over-classification of homeland security information interferes with accurate, actionable, and timely homeland security information sharing, increases the cost of information security, and needlessly limits public access to information. (3) The over-classification problem, which has worsened since the 9/11 attacks, causes considerable confusion about what information can be shared with whom both internally at the Department of Homeland Security and with its external partners. This problem negatively impacts the dissemination of homeland security information to the Department's State, local, tribal, and territorial homeland security and law enforcement partners, private sector customers, and the public. (4) Excessive government secrecy stands in the way of a safer and more secure homeland. This trend is antithetical to the creation and operation of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), and must be halted and reversed. (5) To do so, the Department should start with the understanding that all departmental information that is not properly classified, or marked as controlled unclassified information and otherwise exempt from disclosure, should be made available to members of the public pursuant to section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''). (6) The Department should also develop and administer policies, procedures, and programs that promote compliance with applicable laws, executive orders, and other authorities pertaining to the proper use of classification markings and the United States National Archives and Records Administration policies implementing them. SEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE DEPARTMENT OF HOMELAND SECURITY. Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following new section: ``SEC. 210F. OVER-CLASSIFICATION PREVENTION PROGRAM. ``(a) In General.--The Secretary shall develop and administer policies, procedures, and programs within the Department to prevent the over-classification of homeland security information, terrorism information, weapons of mass destruction information, and other information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) that must be disseminated to prevent and to collectively respond to acts of terrorism. The Secretary shall coordinate with the Archivist of the United States and consult with representatives of State, local, tribal, and territorial government and law enforcement, organizations with expertise in civil rights, civil liberties, and government oversight, and the private sector, as appropriate, to develop such policies, procedures, and programs. ``(b) Requirements.--Not later than one year after the date of the enactment of the Reducing Over-Classification Act of 2008, the Secretary, in administering the policies, procedures, and programs required under subsection (a), shall-- ``(1) create, in consultation with the Archivist of the United States, standard classified and unclassified formats for finished intelligence products created by the Department, consistent with any government-wide standards, practices or procedures for similar products; ``(2) require that all finished intelligence products created by the Department be simultaneously prepared in the standard unclassified format, provided that such an unclassified product would reasonably be expected to be of any benefit to a State, local, tribal or territorial government, law enforcement agency or other emergency response provider, or the private sector, based on input provided by the Interagency Threat Assessment and Coordination Group Detail established under section 210D; ``(3) ensure that such policies, procedures, and programs protect the national security as well as the information privacy rights and legal rights of United States persons pursuant to all applicable law and policy, including the privacy guidelines for the information sharing environment established pursuant to section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), as appropriate; ``(4) establish an ongoing auditing mechanism administered by the Inspector General of the Department or other appropriate senior Department official that randomly selects, on a periodic basis, classified information from each component of the Department that generates finished intelligence products to-- ``(A) assess whether applicable classification policies, procedures, rules, and regulations have been followed; ``(B) describe any problems with the administration of the applicable classification policies, procedures, rules, and regulations, including specific non- compliance issues; ``(C) recommend improvements in awareness and training to address any problems identified in subparagraph (B); and ``(D) report at least annually to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the public, in an appropriate format, on the findings of the Inspector General's audits under this section; ``(5) establish a process whereby employees may challenge original classification decisions made by Department employees or contractors and be rewarded with specific incentives for successful challenges resulting in the removal of classification markings or the downgrading of them; ``(6) inform employees and contractors that failure to comply with the policies, procedures, and programs established under this section could subject them to a series of penalties; and ``(7) institute a series of penalties for employees and contractors who repeatedly fail to comply with the policies, procedures, and programs established under this section after having received both notice of their noncompliance and appropriate training or re-training to address such noncompliance. ``(c) Finished Intelligence Product Defined.--The term `finished intelligence product' means a document in which an intelligence analyst has evaluated, interpreted, integrated, or placed into context raw intelligence or information.''. SEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION WITHIN THE DEPARTMENT OF HOMELAND SECURITY. Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the end the following new section: ``SEC. 210G. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION PROGRAMS. ``(a) Personal Identifiers.--The Secretary shall-- ``(1) assess the technologies available or in use at the Department by which an electronic personal identification number or other electronic identifying marker can be assigned to each Department employee and contractor with original classification authority in order to-- ``(A) track which documents have been classified by a particular employee or contractor; ``(B) determine the circumstances when such documents have been shared; ``(C) identify and address over-classification problems, including the misapplication of classification markings to documents that do not merit such markings; and ``(D) assess the information sharing impact of any such problems or misuse; ``(2) develop an implementation plan for a Department standard for such technology with appropriate benchmarks, a timetable for its completion, and cost estimate for the creation and implementation of a system of electronic personal identification numbers or other electronic identifying markers for all relevant Department employees and contractors; and ``(3) upon completion of the implementation plan described in paragraph (2), or not later than 180 days after the date of the enactment of the Reducing Over-Classification Act of 2008, whichever is earlier, the Secretary shall provide a copy of the plan to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. ``(b) Training.--The Secretary, in coordination with the Archivist of the United States, shall-- ``(1) require annual training for each Department employee and contractor with classification authority or those responsible for analysis, dissemination, preparation, production, receiving, publishing, or otherwise communicating written classified information, including training to-- ``(A) educate each employee and contractor about-- ``(i) the Department's requirement that all classified finished intelligence products that they create be simultaneously prepared in unclassified form in a standard format prescribed by the Department, provided that the unclassified product would reasonably be expected to be of any benefit to a State, local, tribal, or territorial government, law enforcement agency, or other emergency response provider, or the private sector, based on input provided by the Interagency Threat Assessment and Coordination Group Detail established under section 210D; ``(ii) the proper use of classification markings, including portion markings; and ``(iii) the consequences of over- classification and other improper uses of classification markings, including the misapplication of classification markings to documents that do not merit such markings, and of failing to comply with the Department's policies and procedures established under or pursuant to this section, including the negative consequences for the individual's personnel evaluation, homeland security, information sharing, and the overall success of the Department's missions; ``(B) serve as a prerequisite, once completed successfully, as evidenced by an appropriate certificate, for-- ``(i) obtaining classification authority; and ``(ii) renewing such authority annually; and ``(C) count as a positive factor, once completed successfully, in the Department's employment, evaluation, and promotion decisions; and ``(2) ensure that such program is conducted efficiently, in conjunction with any other security, intelligence, or other training programs required by the Department to reduce the costs and administrative burdens associated with the additional training required by this section. ``(c) Detailee Program.--The Secretary shall-- ``(1) implement a Departmental detailee program to detail Departmental personnel to the National Archives and Records Administration for one year, for the purpose of-- ``(A) training and educational benefit for the Department personnel assigned so that they may better understand the policies, procedures and laws governing original classification authorities; ``(B) bolstering the ability of the National Archives and Records Administration to conduct its oversight authorities over the Department and other Departments and agencies; and ``(C) ensuring that the policies and procedures established by the Secretary remain consistent with those established by the Archivist of the United States; ``(2) ensure that the program established under paragraph (1) includes at least one individual for each Department office with delegated original classification authority; and ``(3) in coordination with the Archivist of the United States, report to Congress not later than 90 days after the conclusion of the first year of the program established under paragraph (1), on-- ``(A) the advisability of expanding the program on a government-wide basis, whereby other departments and agencies would send detailees to the National Archives and Records Administration; and ``(B) the administrative and monetary costs of full compliance with this section. ``(d) Sunset of Detailee Program.--Except as otherwise provided by law, subsection (c) shall cease to have effect on December 31, 2012. ``(e) Finished Intelligence Product Defined.--The term `finished intelligence product' has the meaning given the term in section 210F(c).''. SEC. 5. TECHNICAL AMENDMENT. The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by adding after the item relating to section 210E the following new items: ``Sec. 210F. Over-classification prevention program. ``Sec. 210G. Enforcement of over-classification prevention programs.''. Passed the House of Representatives July 30, 2008. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Reducing Over-Classification Act of 2008 - (Sec. 3) Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and administer policies, procedures, and programs (policies) within the Department of Homeland Security (DHS) to prevent the over-classification of homeland security, terrorism, weapons of mass destruction, and other information within the scope of the information sharing environment established under the Intelligence Reform and Terrorism Prevention Act of 2004 that must be disseminated to prevent and collectively respond to acts of terrorism. Requires the Secretary to coordinate with the Archivist of the United States and consult with representatives of state, local, tribal, and territorial government and law enforcement, organizations with expertise in civil rights, civil liberties, and government oversight, and the private sector to develop such policies. Directs the Secretary to: (1) create standard classified and unclassified formats for finished DHS intelligence products; (2) require that all such products be simultaneously prepared in the standard unclassified format, provided that such unclassified product would reasonably be expected to be of benefit to a state, local, tribal or territorial government, law enforcement agency or other emergency response provider, or the private sector, based on input provided by the Interagency Threat Assessment and Coordination Group Detail; (3) ensure that such policies protect the national security as well as the information privacy and legal rights of U.S. persons; (4) establish an ongoing auditing mechanism that randomly selects classified information from each DHS component to assess whether applicable classification regulations have been followed, describe any problems with their administration, and recommend improvements in awareness and training to address the problems identified; (5) establish a process whereby employees may challenge original classification decisions and be rewarded for successful challenges resulting in the removal or downgrading of classification markings; (6) inform employees and contractors that failure to comply could subject them to a series of penalties; and (7) institute such penalties. (Sec. 4) Requires the Secretary to: (1) assess technologies by which an electronic identifying marker can be assigned to each DHS employee and contractor with original classification authority to track which documents have been classified by a particular employee or contractor, determine the circumstances when such documents have been shared, identify and address over-classification problems, and assess the information sharing impact of any such problems or misuse; (2) develop an implementation plan for a DHS standard for such technology; and (3) provide a copy of the implementation plan to the House and Senate homeland security committees. Directs the Secretary, in coordination with the Archivist, to: (1) require annual training for each DHS employee and contractor with classification authority or those responsible for analyzing, producing, or communicating written classified information; and (2) ensure that such program is conducted efficiently in conjunction with any other security, intelligence, or other training programs required by DHS to reduce the costs and administrative burdens associated with the additional training required. Requires the Secretary to: (1) implement a program to detail DHS personnel to the National Archives and Records Administration (NARA) for one year for purposes of training and educating DHS personnel to better understand classification authorities, bolstering NARA's ability to conduct oversight, and ensuring that the policies and procedures established by the Secretary remain consistent with those established by the Archivist; (2) ensure that the program includes at least one individual for each DHS office with delegated original classification authority; and (3) report to Congress, in coordination with the Archivist, on the advisability of expanding the program on a government-wide basis and on the administrative and monetary costs of full compliance. Terminates the program on December 31, 2012."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Ynez Band of Chumash Indians Land Affirmation Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) On October 13, 2017, the General Council of the Santa Ynez Band of Chumash Indians voted to approve the Memorandum of Agreement between the County of Santa Barbara and the Santa Ynez Band of Chumash Indians regarding the approximately 1,427.28 acres of land, commonly known as Camp 4, and authorized the Tribal Chairman to sign the Memorandum of Agreement. (2) On October 31, 2017, the Board of Supervisors for the County of Santa Barbara approved the Memorandum of Agreement on Camp 4 and authorized the Chair to sign the Memorandum of Agreement. (3) The Secretary of the Interior approved the Memorandum of Agreement pursuant to section 2103 of the Revised Statutes (25 U.S.C. 81). SEC. 3. REAFFIRMATION OF STATUS AND ACTIONS. (a) Ratification of Trust Status.--The action taken by the Secretary on January 20, 2017, to place approximately 1,427.28 acres of land located in Santa Barbara County, California, into trust for the benefit of the Santa Ynez Band of Chumash Indians is hereby ratified and confirmed as if that action had been taken under a Federal law specifically authorizing or directing that action. (b) Ratification of Actions of the Secretary.--The actions taken by the Secretary to assume jurisdiction over the appeals relating to the fee-to-trust acquisition of approximately 1,427.28 acres in Santa Barbara County, California, on January 30, 2015, is hereby ratified and confirmed as if that action had been taken under a Federal law specifically authorizing or directing that action. (c) Ratification of Actions of the Secretary.--The actions taken by the Secretary to dismiss the appeals relating to the fee-to-trust acquisition of approximately 1,427.28 acres in Santa Barbara County, California, on January 19, 2017, is hereby ratified and confirmed as if that action had been taken under a Federal law specifically authorizing or directing that action. (d) Administration.-- (1) Administration.--The land placed into trust for the benefit of the Santa Ynez Band of Chumash Indians by the Secretary of the Interior on January 20, 2017, shall be a part of the Santa Ynez Indian Reservation and administered in accordance with the laws and regulations generally applicable to the land held in trust by the United States for an Indian tribe. (2) Effect.--For purposes of certain California State laws (including the California Land Conservation Act of 1965, Government Code Section 51200, et seq.), placing the land described in subsection (b) into trust shall remove any restrictions on the property pursuant to California Government Code Section 51295 or any other provision of such Act. (e) Legal Description of Lands Transferred.--The lands to be transferred pursuant to this Act are described as follows: Legal Land Description/Site Location:Real property in the unincorporated area of the County of Santa Barbara, State of California, described as follows: PARCEL 1: (APN: 141-121-51 AND PORTION OF APN 141-140-10)LOTS 9 THROUGH 18, INCLUSIVE, OF TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141-140-10)LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105581 OF OFFICIAL RECORDS. PARCEL 3: (PORTIONS OF APNS: 141-230-23 AND 141-140-10)LOTS 19 AND 20 OF TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15 THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS. PARCEL 4: (APN: 141-240-02 AND PORTION OF APN: 141-140-10)LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5: (PORTION OF APN: 141-230-23)THAT PORTION OF LOTS 3 AND 6 OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01- 105584 OF OFFICIAL RECORDS. (f) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate or limit any access in any way to any right- of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. (g) Restricted Use of Transferred Lands.--The Tribe may not conduct, on the land described in subsection (b) taken into trust for the Tribe pursuant to this Act, gaming activities-- (1) as a matter of claimed inherent authority; or (2) under any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. (h) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Tribe.--The term ``Tribe'' means the Santa Ynez Band of Chumash Mission Indians.", "summary": "Santa Ynez Band of Chumash Indians Land Affirmation Act of 2017 (Sec. 2) This bill ratifies and confirms the actions of the Department of the Interior to: (1) take approximately 1,427 acres of land in Santa Barbara County, California, into trust for the benefit of the Santa Ynez Band of Chumash Indians, (2) assume jurisdiction over the appeals relating to the acquisition of this land, and (3) dismiss those appeals. The land is made part of the Santa Ynez Indian Reservation. The bill removes restrictions on the land pursuant to certain state laws. Gaming is prohibited on this land."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard and Reservists Education Benefits Act''. SEC. 2. BLOCK GRANTS TO STATES FOR TUITION ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE. (a) Establishment of Program.-- (1) In general.--The Secretary of Education shall carry out a program of block grants to States under this section to provide for the payment of tuition and fees for undergraduate studies at public institutions of higher learning otherwise payable by a member of the Selected Reserve attending those institutions for those studies. (2) Limitation.--Tuition assistance under this section shall not be made available to a member of the Selected Reserve who participates in the program of educational assistance under chapter 1606 of title 10, United States Code, or under chapter 30 of title 38, United States Code. (b) State Certifications.--Not later than October 1 of each of fiscal year for which a State desires to receive an allotment under this section, the chief executive officer of the State shall submit to the Secretary a certification that the State will-- (1) use such funds to defray the costs of tuition and fees for undergraduate studies of members of the Selected Reserve attending public institutions of higher learning in the States; (2) return any unused funds to the Secretary in accordance with the reconciliation process under subsection (d); and (3) comply with the reporting requirements under subsection (e). (c) Payments to States.--For each of fiscal years 2005 through 2010, the Secretary shall pay to each State that submits a certification under subsection (b), from any funds appropriated under subsection (g), for the fiscal year an amount equal to the amount of the allotment determined for the fiscal year under subsection (f). (d) Reconciliation Process.-- (1) 3-year availability of amounts allotted.--Each State that receives an allotment under this section shall return to the Secretary any unused portion of the amount allotted to a State under this section for a fiscal year not later than the last day of the second succeeding fiscal year together with any earnings on such unused portion. (2) Procedure for redistribution of unused allotments.--The Secretary shall establish an appropriate procedure for redistributing to States that have expended the entire amount allotted under this section any amount that is-- (A) returned to the Secretary by States under paragraph (1); or (B) not allotted to a State under this section because the State did not submit a certification under subsection (b) by October 1 of a fiscal year. (e) Reporting Requirements.-- (1) Monitoring and evaluation.--Each State receiving an allotment under this section for a fiscal year shall monitor and evaluate the tuition assistance program carried out under this section using funds made available under this section in such manner as the Secretary, in consultation with the States, determines appropriate. (2) Annual reports.--Not less frequently than annually, each State receiving an allotment under this section for a fiscal year shall submit to the Secretary reports on the tuition assistance programs carried out under this section at such time, in such manner, and containing such information as the Secretary may require. (f) Amount of Allotments.-- (1) In general.--Except as provided in paragraph (2), of the amount appropriated for the purpose of making allotments under this section for a fiscal year, the Secretary shall allot to each State that submits a certification under subsection (b) for the fiscal year an amount equal to the amount that bears the same ratio to the number of members of the Selected Reserve residing in the State (as determined by the Secretary based on the most recent March supplement to the Current Population Survey of the Bureau of the Census before the beginning of the calendar year in which such fiscal year begins) as bears to the number of members of the Selected Reserve residing in all States. (2) Minimum allotments.--No allotment for a fiscal year under this section shall be less than-- (A) in the case of a State other than the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, 1 percent of the amount appropriated for the fiscal year under subsection (g); and (B) in the case of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, 0.5 percent of such amount. (3) Pro rata reductions.--The Secretary shall make such pro rata reductions to the allotments determined under paragraph (1) as are necessary to comply with the requirements of paragraph (2). (g) Authorization of Appropriations.--There is authorized to be appropriated $100,000,000 for each of fiscal years 2005 through 2010 for purposes of making allotments to States under this section. (h) Definitions.--In this section: (1) Selected reserve.--The term ``Selected Reserve'' means the Selected Reserve of the Ready Reserve of any of the reserve components (including the Army National Guard of the United States and the Air National Guard of the United States) of the Armed Forces, as required to be maintained under section 10143(a) of title 10, United States Code. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) Institution of higher learning.--The term ``institution of higher education'' has the meaning given that term under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) State.--The term State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) Tuition and fees for undergraduate studies.--The term ``tuition and fees for undergraduate studies'' means the actual cost of tuition and fees for undergraduate studies charged by a public institution of higher learning to similarly circumstanced individuals who are not members of the Selected Reserve for enrollment in courses of education at the institution, and includes the average cost of books and supplies payable by such individuals for those studies.", "summary": "National Guard and Reservists Education Benefits Act - Requires the Secretary of Education to carry out a program of block grants to States (defined to include U.S. territories and the District of Columbia) to pay tuition and fees for undergraduate studies at public institutions for members of the Selected Reserve. Excludes from the block grant program those members of the Selected Reserve who participate in other specified educational assistance programs. Requires the chief executive officer of each State wishing to receive block grant funds to submit an annual certification that the State will: (1) use such funds to defray the cost of undergraduate tuition and fees for members of the Selected Reserve; (2) return any unused funds to the Secretary according to the reconciliation process set forth in this Act; and (3) comply with the reporting requirements of this Act. Sets forth an allotment scheme for block grant funds that requires allotments to reflect the ratio of Selected Reserve members in the receiving State to Selected Reserve members in all States. Establishes minimum allotments."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gifted and Talented Students Education Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) Gifted and talented students give evidence of high performance capability in specific academic fields, or in areas such as intellectual, creative, artistic, or leadership capacity, and require services or activities not ordinarily provided by a school in order to fully develop such capabilities. Gifted and talented students are from all cultural, racial, and ethnic backgrounds, and socioeconomic groups. Some such students have disabilities and for some, English is not their first language. Many students from such diverse backgrounds have been historically underrepresented in gifted education programs. (2) Because gifted and talented students generally are more advanced academically, are able to learn more quickly and study in more depth and complexity than others their age, the students have special educational needs that require opportunities and experiences that are different from those generally available in regular education programs. (3) Parents and families are essential partners to schools in developing appropriate educational services for gifted and talented students. They need access to information, research, and support regarding the characteristics of gifted children and their educational and social and emotional needs, as well as information on available strategies and resources for education in State and local communities. (4) There currently is no Federal requirement to identify or serve the Nation's approximately 3,000,000 gifted and talented students. (5) While some States and local educational agencies allocate resources to educate gifted and talented students, others do not. Additionally, State laws and State and local funding, identification, and accountability mechanisms vary widely, resulting in a vast disparity of services for this special-needs population. (6) If the United States is to compete successfully in the global economy, it is important that more students achieve to higher levels, and that highly capable students receive an education that prepares them to perform the most highly innovative and creative work that is necessary in today's workplace. (7) The performance of twelfth-grade advanced students in the United States on the Third International Mathematics and Science Study (TIMSS) was among the lowest in the world. In each of 5 physics content areas in the study and in each of 3 math content areas in the study, the performance of physics and advanced mathematics students in the United States was among the lowest of the participating countries. (8) Elementary school students who are gifted and talented have already mastered 35 to 50 percent of the material covered in a school year in several subject areas before the school year begins. (9) In 1990, fewer than 2 cents out of every $100 spent on elementary and secondary education in the United States was devoted to providing challenging programming for the Nation's gifted and talented students. (b) Purpose.--The purpose of this Act is to provide grants to States to support programs, classes, and other services designed to meet the needs of the Nation's gifted and talented students in elementary schools and secondary schools. SEC. 3. PROGRAM AUTHORIZATION AND ACTIVITIES. (a) In General.--If the amount appropriated under section 11 for a fiscal year equals or exceeds $50,000,000, then the Secretary may award grants to State educational agencies from allotments under section 4 to enable the State educational agencies to award grants to local educational agencies under section 6 for developing or expanding gifted and talented education programs, and providing direct educational services and materials through 1 or more of the following activities: (1) Developing and implementing programs to address State and local needs for inservice training programs for general educators, specialists in gifted and talented education, administrators, school counselors, or other personnel at the elementary and secondary levels. (2) Making materials and services available through State regional education service centers, universities, colleges, or other entities. (3) Providing direct educational services and materials to gifted and talented students, which may include curriculum compacting, modified or adapted curriculum, acceleration, independent study, and dual enrollment. (4) Supporting innovative approaches and curricula used by local educational agencies, individual schools, or consortia of schools or local educational agencies. (5) Providing challenging, high-level course work to individual students or groups of students in schools and school districts that do not have the resources to otherwise provide the courses through new and emerging technologies, including distance learning, developing curriculum packages, compensating distance-learning educators, or providing other relevant activities or services, but not for purchasing or upgrading of technological hardware. (b) State Infrastructure Costs.-- (1) In general.--A State educational agency may use not more than 10 percent of the funds received under this Act for-- (A) establishment and implementation of a peer review process for grant applications under section 7; (B) supervision of the awarding of funds to local educational agencies (including consortia of local educational agencies) to support gifted and talented students in the State; (C) planning, supervision, and processing of funds made available under this Act; (D) monitoring and evaluation of programs and activities assisted under this Act; (E) dissemination of general program information; (F) creating a State gifted education advisory board; and (G) providing technical assistance under this section. (2) Education and support.--Not more than 2 percent of the total amount received under this Act by the State may be used by the State educational agency to provide information, education, and support to parents and caregivers of gifted and talented children to enhance their ability to participate in decisions regarding their children's educational programs. Such education, information, and support shall be developed and carried out by parents and caregivers or by parents and caregivers in partnership with the State. SEC. 4. ALLOTMENT TO STATES. (a) Reservation of Funds.--From the amount made available to carry out this Act for any fiscal year, the Secretary shall reserve \\1/2\\ of 1 percent for the Secretary of the Interior for programs under this Act for teachers, other staff, and administrators in schools operated or funded by the Bureau of Indian Affairs. (b) Formula.--Except as provided in subsection (c), from the total amount made available to carry out this Act for a fiscal year that remains after making the reservation under subsection (a), the Secretary shall allot to each State an amount that bears the same relation to the total remaining amount as the number of children ages 5 through 18 in the State for the preceding academic year bears to the total number of all such children in all States for such year. (c) Minimum Award.--No State receiving an allotment under subsection (b) may receive less than \\1/2\\ of 1 percent of the total amount allotted under such subsection. (d) Reallotment.--If any State does not apply for an allotment under this section for any fiscal year, the Secretary shall reallot such amount to the remaining States in accordance with this section. SEC. 5. STATE APPLICATIONS. (a) In General.--To be eligible to receive a grant under section 3 or 8, a State educational agency shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Contents.--The application described in subsection (a) shall include assurances-- (1) that the State educational agency is designated as the agency responsible for the administration and supervision of programs assisted under this Act; (2) of the State educational agency's ability to provide matching funds for the activities to be assisted under this Act in an amount equal to not less than 20 percent of the grant funds to be received, which matching funds shall be provided in cash or in-kind; (3) that funds received under this Act shall be used to identify and support gifted and talented students, including students from all economic, ethnic, and racial backgrounds, students of limited English proficiency, students with disabilities, and highly gifted students; (4) that funds received under this Act shall be used only to supplement, not supplant, the amount of State and local funds expended for the specialized education and related services provided for the education of gifted and talented students; and (5) that the State shall develop and implement program assessment models to evaluate educational effectiveness and ensure program accountability. (c) Approval.--The Secretary shall approve an application of a State educational agency under this section if such application meets the requirements of this section. SEC. 6. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES. (a) Grant Competition.--A State educational agency shall use not less than 88 percent of the funds made available to the State education agency under this Act to award grants, on a competitive basis, to local educational agencies (including consortia of local educational agencies) to support programs, classes, and other services designed to meet the needs of gifted and talented students. (b) Size of Grant.--A State educational agency shall award a grant under subsection (a) for any fiscal year in an amount sufficient to meet the needs of the students to be served under the grant. SEC. 7. LOCAL APPLICATIONS. (a) Application.--To be eligible to receive a grant under this Act, a local educational agency (including a consortium of local educational agencies) shall submit an application to the State educational agency. (b) Contents.--Each such application shall include-- (1) an assurance that the funds received under this Act will be used to identify and support gifted and talented students, including gifted and talented students from all economic, ethnic, and racial backgrounds, such students of limited English proficiency, and such students with disabilities; (2) a description of how the local educational agency will meet the educational needs of gifted and talented students, including the training of personnel in the education of gifted and talented students; and (3) an assurance that funds received under this Act will be used to supplement, not supplant, the amount of funds the local educational agency expends for the education of and related services for, the education of gifted and talented students. SEC. 8. COMPETITIVE GRANTS TO STATES. If the amount appropriated under section 11 for a fiscal year is less than $50,000,000, then the Secretary may use the funds that are not reserved under section 4(a) to award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to begin implementing activities described in section 3 through the awarding of grants on a competitive basis to local educational agencies. SEC. 9. REPORTING. Not later than 1 year after the date of enactment of this Act and for each subsequent year thereafter, the State educational agency shall submit an annual report to the Secretary that describes the number of students served and the activities supported with funds provided under this Act. The report shall include a description of the measures taken to comply with the accountability requirements of section 5(b)(5). SEC. 10. DEFINITIONS. In this Act: (1) Gifted and talented.-- (A) In general.--Except as provided in subparagraph (B), the term ``gifted and talented'' when used with respect to a person or program-- (i) has the meaning given the term under applicable State law; or (ii) in the case of a State that does not have a State law defining the term, has the meaning given such term by definition of the State educational agency or local educational agency involved. (B) Special rule.--In the case of a State that does not have a State law that defines the term, and the State educational agency or local educational agency has not defined the term, the term has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (5) State educational agency.--The term ``State educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act, $160,000,000 for each of fiscal years 2002, 2003, 2004, 2005, and 2006.", "summary": "Gifted and Talented Students Education Act of 2001 - Authorizes the Secretary of Education to make grants to State educational agencies to assist local educational agencies to develop or expand gifted and talented education programs through one or more of the following activities: (1) professional development programs; (2) technical assistance; (3) innovative approaches and curricula; (4) emerging technologies, including distance learning; and (5) direct educational services and materials, which may include compacted, modified, or adapted curricula, acceleration, independent study, and dual enrollment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bank Insurance Regulation Act of 1995''. SEC. 2. AUTHORITY OF THE COMPTROLLER OF THE CURRENCY. (a) State Supervision.--Chapter 1 of Title LXII of the Revised Statutes of the United States (12 U.S.C. 21 et seq.) is amended-- (1) by redesignating section 5136A as section 5136B; and (2) by inserting after section 5136 (12 U.S.C. 24) the following new section: ``SEC. 5136A. STATE SUPERVISION OF INSURANCE. ``(a) State Licensing of Insurance Activities.-- ``(1) In general.--Subject to paragraph (2), no provision of section 5136, any other section of this title, or section 13 of the Federal Reserve Act may be construed as limiting or otherwise impairing the authority of any State to regulate-- ``(A) the extent to which, and the manner in which, a national bank may engage within the State in insurance activities pursuant to section 13 of the Federal Reserve Act; ``(B) the manner in which a national bank may engage within the State in insurance activities pursuant to section 5136(b)(2)(B) of the Revised Statutes of the United States; or ``(C) the manner in which a national bank may engage within the State in insurance activities pursuant to section 5136(b)(2)(A) of the Revised Statutes of the United States through, and limited to, consumer disclosure requirements or licensing requirements, procedures, and qualifications as described in paragraph (2)(C). ``(2) Prohibition on state discrimination against national banks.--Notwithstanding paragraph (1)-- ``(A) Providing insurance as agent or broker.--No State may impose any insurance regulatory requirement relating to providing insurance as an agent or broker that treats a national bank differently than all other persons who are authorized to provide insurance as agents or brokers in such State, unless there is a legitimate and reasonable State regulatory purpose for the requirement for which there is no less restrictive alternative. ``(B) Providing insurance as principal, agent, or broker.-- ``(i) No State may impose on a national bank any insurance regulatory requirement relating to providing insurance as principal, agent, or broker that treats the national bank more restrictively than any other depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act) operating in the State. ``(ii) Nothing in this subparagraph shall affect the validity of a State law that-- ``(I) prevents a national bank from engaging in insurance activities within the State to as great an extent as a savings association (as defined in section 3(b)(1) of the Federal Deposit Insurance Act) may engage in such activities within the State; and ``(II) was in effect on June 1, 1995. ``(C) Licensing qualifications and procedures.--No State may discriminate against a national bank with respect to the following requirements, procedures, and qualifications as such requirements, procedures, and qualifications relate to the authority of the national bank to provide insurance in such State as an agent or broker: ``(i) License application and processing procedures. ``(ii) Character, experience, and educational qualifications for licenses. ``(iii) Testing and examination requirements for licenses. ``(iv) Fee requirements for licenses. ``(v) Continuing education requirements. ``(vi) Types of licenses required. ``(vii) Standards and requirements for renewal of licenses. ``(b) Authority of the Comptroller of the Currency.--A national bank may not provide insurance as a principal, agent, or broker except as specifically provided in this section, the paragraph designated as the `Seventh' of section 5136(a) of this chapter, or section 5136(b) of this chapter, or section 13 of the Federal Reserve Act. ``(c) Preservation of Federally Authorized Bank Activities in Permissive States.--No provision of this section may be construed as affecting the authority, pursuant to section 13 of the Federal Reserve Act, of a national bank to act as insurance agent or broker consistent with State law. ``(d) Preservation of National Bank Authority Consistent With State Bank Authority.--Except as provided in subsection (a)(2)(B), no provision of this section or section 5136(b)(1) shall have the effect of enabling a State to deny a national bank authority that the bank otherwise possesses to provide a product in a State, including as agent, broker, or principal, where the bank is not providing the product in the State other than to an extent and in a manner that a State bank (as defined in section 3(a)(2) of the Federal Deposit Insurance Act) is permitted by the law of the State to provide such product, except that nothing in this subsection shall be construed as granting any new authority to a national bank to provide any product because the law of the State has authorized State banks to provide such product. ``(e) Definitions.--For purposes of this section, section 5136, and section 13 of the Federal Reserve Act, the following definitions shall apply: ``(1) Insurance.--The term `insurance' means any product defined or regulated as insurance, consistent with the relevant State insurance law, by the insurance regulatory authority of the State in which such product is sold, solicited, or underwritten, including any annuity contract the income on which is tax deferred under section 72 of the Internal Revenue Code of 1986. ``(2) State.--The term `State' has the same meaning as in section 3(a)(3) of the Federal Deposit Insurance Act. ``(f) Grandfather Provision.-- ``(1) In general.--Any national bank which, before January 1, 1995, was providing insurance as agent or broker under section 13 of the Federal Reserve Act may provide insurance as an agent or broker under such section, to no less extent and in a no more restrictive manner as such bank was providing insurance as agent or broker under such section on January 1, 1995, notwithstanding contrary State law, subject to final, controlling judgment in a pending action. ``(2) Termination.--This subsection shall cease to apply with respect to any national bank described in paragraph (1) if-- ``(A) the bank is subject to an acquisition, merger, consolidation, or change in control, other than a transaction to which section 18(c)(12) of the Federal Deposit Insurance Act applies; or ``(B) any bank holding company which directly or indirectly controls such bank is subject to an acquisition, merger, consolidation, or change in control, other than a transaction in which the beneficial ownership of such bank holding company or of a bank holding company which controls such company does not change as a result of the transaction.''. (b) Interpretive Authority of the Comptroller of the Currency.-- Section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended-- (1) by striking ``Upon duly making and filing articles of association'' and inserting ``(a) In General.--Upon duly making and filing articles of association''; and (2) by adding at the end the following new subsection: ``(b) Interpretive Authority of the Comptroller of the Currency.-- ``(1) In general.--Subject to paragraph (2), it shall not be incidental to banking for a national bank to provide insurance as a principal, agent, or broker. ``(2) Scope of application.--Notwithstanding paragraph (1), it shall be incidental to banking for a national bank to engage in the following activities: ``(A) Providing, as an agent or broker, any annuity contract the income on which is tax deferred under section 72 of the Internal Revenue Code of 1986. ``(B) Providing, as a principal, agent, or broker, any type of insurance, other than an annuity or title insurance, which the Comptroller of the Currency specifically determined, before May 1, 1995, to be incidental to banking with respect to national banks.''. (c) Technical and Conforming Amendments.-- (1) The 11th undesignated paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 92) is amended by inserting ``, and subject to section 5136A of the Revised Statutes of the United States,'' after ``the laws of the United States''. (2) The paragraph designated the ``Seventh'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended by striking ``subject to law,'' and inserting ``subject to subsection (b), section 5136A, and any other provision of law,''. (3) Section 1306 of title 18, United States Code, is amended by striking ``5136A'' and inserting ``5136B''. (d) Clerical Amendment.--The table of sections for chapter 1 of title LXII of the Revised Statutes of the United States is amended-- (1) by redesignating the item relating to section 5136A as section 5136B; and (2) by inserting after the item relating to section 5136 the following new item: ``5136A. State supervision of insurance.''. (e) Preservation of Bank Holding Company Insurance Authority.--No provision of this section, and no amendment made by this section to any other provision of law, may be construed as affecting the authority of a bank holding company to engage in insurance agency activity pursuant to section 4(c) of the Bank Holding Company Act of 1956.", "summary": "Bank Insurance Regulation Act of 1995 - Amends Federal banking law (Revised Statutes) to declare that Federal banking statutes may not be construed as limiting or impairing the authority of any State to regulate the manner in which a national bank may engage in insurance activities pursuant to Federal statute within the State. Proscribes State discrimination against national banks: (1) in their functions of providing insurance as principal, agent or broker; or (2) with respect to licensing qualifications and procedures. Confines the provision of insurance by a national bank acting as principal, agent or broker, to specified Federal statutory parameters. States that Federal banking law may not be construed as affecting the authority of a national bank to act as insurance agent or broker consistent with State law. States that Federal banking law does not enable a State to deny to a national bank the authority to provide a product that a State bank is permitted to provide. Declares that it is not incidental to banking for a national bank to provide insurance as a principal, agent, or broker (thus removing most insurance activities from the supervision of the Comptroller of the Currency). Declares to be incidental to banking (thus subject to the Comptroller's supervision): (1) bank provision, as agent or broker, of any annuity contract whose interest is tax deductible; and (2) bank provision, as a principal, agent, or broker, of any type of insurance (other than annuity or title insurance) specifically determined by the Comptroller, before May 1995, to be incidental to banking with respect to national banks. Preserves the authority of a bank holding company to engage in insurance agency activities."}
{"article": "SECTION 1. COMMUNICATION SITE USE FEES. (a) Fees.--Notwithstanding any other provision of law, the Secretary of the Interior and the Secretary of Agriculture (hereinafter referred to as the ``Secretaries''), shall assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or the Bureau of Land Management at such rates as the Forest Service and the Bureau of Land Management shall establish or at such modified rates as are established pursuant to the provisions of subsection (b) of this section. (b) Adjustments.--(1) The Schedule of Charges established under this section shall be reviewed by the Forest Service and the Bureau of Land Management on an annual basis, and shall be adjusted by the Forest Service and the Bureau of Land Management to reflect changes in the Consumer Price Index. Increases or decreases in charges shall apply to all categories of charges, but any increase or decrease shall not total less than 3 percent or more than 5 percent of the charge assessed to the user in the preceding year. The Bureau of Land Management and the Forest Service shall transmit to the Congress notification of any such adjustment not later than 60 days before the effective date of such adjustment. (2) Under the Schedule of Changes established under the section, if any radio or television communications site user is to be charged an amount that is greater than $1,000 more than the amount such site user pays to the Bureau of Land Management or the Forest Service as of January 1, 1993, then during the first year in which the Schedule of Charges is in effect, such site user shall pay an amount equal to the amount it paid to the Bureau of Land Management of the Forest Service as of January 1, 1993, plus $1,000. Each year thereafter, such site user shall pay the full amount under the Schedule of Charges, as modified pursuant to the subsection. (3) Under the Schedule of Charges established under this section, if any radio or television communications site user is to be charged an amount that is less than the amount such site user paid to the Bureau of Land Management or the Forest Service as of January 1, 1993, then such site user shall continue to pay the higher amount until such time as the charge to the site user in the Schedule of Charges equals or exceeds that amount, as modified pursuant to this subsection. (c) Additional Users.--(1) If the radio or television communications site user is permitted under the terms of its site use authorization from the Bureau of Land Management or the Forest Service to grant access to the site to additional users, then the radio or television communications site user shall pay annually to the Bureau of Land Management or the Forest Service an amount equal to 25 percent of the gross income it receives from each such additional user during that year. (2) Authorizations to radio and television communications site users shall require such site users to provide the Bureau of Land Management or the Forest Service with a certified list which identifies all additional users of such sites and all gross revenues received from such additional users. The Bureau of Land Management and the Forest Service shall not require any additional user of a radio or television communications site to obtain a separate authorization to use such a site. (d) Administrative Provisions.--(1) The Secretaries shall prescribe appropriate rules and regulations to carry out the provisions of this section. (2) Ten years after the date of enactment of this section, the Secretaries shall establish a broad-based advisory group, including representatives from the radio and television broadcast industry, to review the Schedule of Charges and other acceptable criteria for determining fair market value for radio and television communications site uses. The advisory group shall report its findings to the Congress no later than 1 year after it is established. (e) Existing Charges.--(1) Until modified pursuant to subsection (b) of this section, the Schedule of Charges for television communications site users which the Secretaries shall prescribe pursuant to subsection (a) of this section shall be as listed in exhibit 3 (television rental fee schedule) in the report of the radio and television broadcast use fee advisory committee dated December 1992. (2) Until modified pursuant to subsection (b) of this section, the Schedule of Charges for radio communications site users which the Secretaries shall prescribe pursuant to subsection (a) of this section shall be as listed in exhibit 4, radio rental fee schedule in the report of the radio and television broadcast use fee advisory committee dated December 1992. SEC. 2. NONBROADCAST COMMUNICATION SITE ADVISORY BOARD. (a) Establishment.--The Secretaries of the Interior and Agriculture are directed to jointly establish a broad-based advisory group comprised of representatives from the nonbroadcast communications industry (users of both private and public communication sites) and the 2 agencies to review recommendations on acceptable criteria for determining fair market values and next best alternative use. (b) Review.--The advisory group shall review the methodology used in any previous studies and reach concurrence on such methodology. (c) Assessments.--The advisory group shall also assess the validity of the results of such studies, taking into account all reasonable options for the establishment of fair market values and next best alternative use. (d) Report.--The advisory group shall report its findings to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives within 1 year after the enactment of this Act.", "summary": "Directs the Secretaries of the Interior and Agriculture to assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or Bureau of Land Management. Requires the Forest Service and Bureau to annually review and adjust such charges to reflect changes in the Consumer Price Index, with limitations. Requires any site user to pay an additional amount for granting access to the site to additional users and to provide a certified list of such additional users. Directs the Secretaries to jointly establish a broad-based advisory group of representatives from the nonbroadcast communications industry and the two agencies to review and report to specified congressional committees on recommendations on acceptable criteria for determining fair market values for communications site use and next best alternative use."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Recall Unsafe Drugs Act of 2017''. SEC. 2. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR MISBRANDED DRUGS. (a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(eee) The failure to comply with-- ``(1) the notification requirement under section 569D(a); ``(2) an order issued under paragraph (1) of section 569D(c), following a hearing, if requested, under paragraph (2)(C) of such section; ``(3) an order amended under paragraph (2) or paragraph (3) of section 569D(c); or ``(4) an emergency order issued under section 569D(d). ``(fff) The failure to have in effect a recall plan under section 569(g).''. (b) Nondistribution and Recall of Adulterated or Misbranded Drugs.--Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the following: ``SEC. 569D. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF CERTAIN ADULTERATED OR MISBRANDED DRUGS. ``(a) Notification Regarding Certain Adulterated or Misbranded Drugs.-- ``(1) In general.--Any person required to register under section 510 shall, as soon as practicable, notify the Secretary of the identity and location of a drug, if such person has reason to believe-- ``(A) that such drug, when introduced into or while in interstate commerce, or while held for sale (regardless of whether the first sale) after shipment in interstate commerce, is adulterated or misbranded; and ``(B) there is a reasonable probability that the use or consumption of, or exposure to, the drug (or an ingredient or component used in any such drug) will cause a threat of serious adverse health consequences or death to humans or animals. ``(2) Manner of notification.--Notification under paragraph (1) shall be made in such manner and by such means as the Secretary may require by regulation or guidance. ``(b) Voluntary Recall.--The Secretary may request that any person who distributes a drug that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of this Act voluntarily-- ``(1) recall such drug; and ``(2) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. ``(c) Order To Cease Distribution and Recall Drug and Related Procedures.-- ``(1) Issuance of order.--If the Secretary has reason to believe that the use or consumption of, or exposure to, a drug (or an ingredient or component used in any such drug) may cause serious adverse health consequences or death to humans or animals, the Secretary shall have the authority to issue an order requiring any person who distributes such drug-- ``(A) to immediately cease distribution of such drug; and ``(B) to provide for notice, including to individuals as appropriate, to persons who may be affected by such cessation of distribution. ``(2) Action following order.-- ``(A) Cease distribution and notification.--Any person who is subject to an order under paragraph (1) shall immediately cease distribution of such drug and provide notification as required by such order. ``(B) Appeal.--Any person who is subject to an order under paragraph (1) may appeal within 24 hours of issuance such order to the Secretary. Such appeal may include a request for an informal hearing and a description of any efforts to recall such drug undertaken voluntarily by the person, including after a request under subsection (b). ``(C) Informal hearing.--Except as provided in subsection (d), if an appeal made under subparagraph (B) contains a request for an informal hearing, such hearing shall be held as soon as practicable, but not later than 5 calendar days, or less as determined by the Secretary, after such an appeal is filed, unless the parties jointly agree to an extension. ``(D) Determination.--After affording an opportunity for an informal hearing, the Secretary shall determine-- ``(i) whether-- ``(I) the order under paragraph (1) should be amended to require a recall of such drug; or ``(II) inadequate grounds exist to support the actions required by the order; or ``(ii) that the order under paragraph (1) was appropriate as issued. ``(E) Amendment or vacation of order.-- ``(i) Amendment.--In the case of a determination made under subparagraph (D)(i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. ``(ii) Vacation.--In the case of a determination made under subparagraph (D)(i)(II), the Secretary shall vacate the order made under paragraph (1). ``(3) Order to recall.-- ``(A) Amendment.--Except as provided under subsection (d), if after providing an opportunity for an informal hearing under paragraph (2)(C), the Secretary determines that the order should be amended to include a recall of the drug with respect to which the order was issued, the Secretary shall amend the order to require a recall. ``(B) Contents.--An amended order under subparagraph (A) shall-- ``(i) specify a timetable in which the recall will occur; ``(ii) require periodic reports to the Secretary describing the progress of the recall; and ``(iii) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. In providing for such notice, the Secretary may allow for the assistance of health professionals, State or local officials, or other individuals designated by the Secretary. ``(C) Nondelegation.--An amended order under this paragraph shall be ordered by the Secretary or an official designated by the Secretary. An official may not be so designated unless the official is the director of the district under this Act in which the drug involved is located, or is an official senior to such director. ``(d) Emergency Recall Order.-- ``(1) In general.--If the Secretary has credible evidence or information that a drug subject to an order under subsection (c)(1) presents an imminent threat of serious adverse health consequences or death to humans or animals, the Secretary may issue an order requiring any person who distributes such drug-- ``(A) to immediately recall such drug; and ``(B) to provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. ``(2) Action following order.-- ``(A) Recall and notification.--Any person who is subject to an emergency recall order under this subsection shall immediately recall such drug and provide notification as required by such order. ``(B) Appeal.-- ``(i) Timing.--Any person who is subject to an emergency recall order under this subsection may appeal within 24 hours after issuance such order to the Secretary. ``(ii) Continuation of recall.--The person subject to an emergency recall order shall conduct the recall notwithstanding the pendency of any appeal of such order. ``(C) Informal hearing.--An informal hearing shall be held as soon as practicable but not later than 5 calendar days, or less as determined by the Secretary, after an appeal under subparagraph (B) is filed, unless the parties jointly agree to an extension. ``(D) Determination.--After affording an opportunity for an informal hearing, the Secretary shall determine-- ``(i) whether-- ``(I) the order under paragraph (1) should be amended to require a recall of such drug; or ``(II) inadequate grounds exist to support the actions required by the order; or ``(ii) that the order under paragraph (1) was appropriate as issued. ``(E) Amendment or vacation of order.-- ``(i) Amendment.--In the case of a determination made under subparagraph (D)(i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. ``(ii) Vacation.--In the case of a determination made under subparagraph (D)(i)(II), the Secretary shall vacate the order made under paragraph (1). ``(3) Nondelegation.--An order under this subsection shall be issued by the Commissioner of Food and Drugs, the Principal Deputy Commissioner, or the Associate Commissioner for Regulatory Affairs of the Food and Drug Administration. ``(e) Notice to Consumers and Health Officials.--The Secretary shall, as the Secretary determines to be necessary, provide notice of a recall order under this section to consumers to whom the drug was, or may have been, distributed and to appropriate State and local health officials. ``(f) Savings Clause.--Nothing contained in this section shall be construed as limiting-- ``(1) the authority of the Secretary to issue an order to cease distribution of, or to recall, a drug under any other provision of this Act or the Public Health Service Act; or ``(2) the ability of the Secretary to request any person to perform a voluntary activity related to any drug subject to this Act or the Public Health Service Act. ``(g) Recall Plan.--Any person required to register under section 510 shall have in effect a recall plan consistent with the requirements of this section.''. (c) Delayed Applicability.--The amendments made by this section apply beginning on the date that is one year after the date of the enactment of this Act.", "summary": "Recall Unsafe Drugs Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require producers of medications to notify the Food and Drug Administration (FDA) of the identity and location of a medication if the producer has reason to believe: (1) that the medication is adulterated or misbranded; and (2) there is a reasonable probability that the use or consumption of, or exposure to, the medication will cause a threat of serious adverse health consequences or death to humans or animals. The FDA may: (1) request that the distributor of a medication that is in violation of the FFDCA voluntarily recall the medication; (2) require the distributor of a medication that may cause serious adverse health consequences to immediately cease distribution of the medication; (3) recall a medication for which distribution has been ceased after giving the distributor an opportunity for an informal hearing; and (4) immediately recall a medication that presents an imminent threat of serious adverse health consequences. Distributors may appeal these FDA orders. In the case of a recall, the FDA must notify consumers and state and local health officials to whom the medication was, or may have been, distributed. Medication distributors must have a recall plan in effect."}
{"article": "SECTION 1. REDUCTION IN VOLUME OF STEEL IMPORTS. (a) Reduction.--Notwithstanding any other provision of law, within 60 days after the date of the enactment of this Act, the President shall take the necessary steps, by imposing quotas, tariff surcharges, negotiated enforceable voluntary export restraint agreements, or otherwise, to ensure that the volume of steel products imported into the United States during any month does not exceed the average volume of steel products that was imported monthly into the United States during the 36-month period preceding July 1997. (b) Enforcement Authority.--Within 60 days after the date of the enactment of this Act, the Secretary of the Treasury, through the United States Customs Service, and the Secretary of Commerce shall implement a program for administering and enforcing the restraints on imports under subsection (a). The Customs Service is authorized to refuse entry into the customs territory of the United States of any steel products that exceed the allowable levels of imports of such products. (c) Applicability.-- (1) Categories.--This section shall apply to the following categories of steel products: semifinished, plates, sheets and strips, wire rods, wire and wire products, rail type products, bars, structural shapes and units, pipes and tubes, iron ore, and coke products. (2) Volume.--Volume of steel products for purposes of this section shall be determined on the basis of tonnage of such products. (d) Expiration.--This section shall expire at the end of the 3-year period beginning 60 days after the date of the enactment of this Act. SEC. 2. STEEL IMPORT NOTIFICATION AND MONITORING PROGRAM. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Treasury, shall establish and implement a steel import notification and monitoring program. The program shall include a requirement that any person importing a product classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States obtain an import notification certificate before such products are entered into the United States. (b) Steel Import Notification Certificates.-- (1) In general.--In order to obtain a steel import notification certificate, an importer shall submit to the Secretary of Commerce an application containing-- (A) the importer's name and address; (B) the name and address of the supplier of the goods to be imported; (C) the name and address of the producer of the goods to be imported; (D) the country of origin of the goods; (E) the country from which the goods are to be imported; (F) the United States Customs port of entry where the goods will be entered; (G) the expected date of entry of the goods into the United States; (H) a description of the goods, including the classification of such goods under the Harmonized Tariff Schedule of the United States; (I) the quantity (in kilograms and net tons) of the goods to be imported; (J) the cost insurance freight (CIF) and free alongside ship (FAS) values of the goods to be entered; (K) whether the goods are being entered for consumption or for entry into a bonded warehouse or foreign trade zone; (L) a certification that the information furnished in the certificate application is correct; and (M) any other information the Secretary of Commerce determines to be necessary and appropriate. (2) Entry into customs territory.--In the case of merchandise classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States that is initially entered into a bonded warehouse or foreign trade zone, a steel import notification certificate shall be required before the merchandise is entered into the customs territory of the United States. (3) Issuance of steel import notification certificate.--The Secretary of Commerce shall issue a steel import notification certificate to any person who files an application that meets the requirements of this section. Such certificate shall be valid for a period of 30 days from the date of issuance. (c) Statistical Information.-- (1) In general.--The Secretary of Commerce shall compile and publish on a weekly basis information described in paragraph (2). (2) Information described.--Information described in this paragraph means information obtained from steel import notification certificate applications concerning steel imported into the United States and includes with respect to such imports the Harmonized Tariff Schedule of the United States classification (to the tenth digit), the country of origin, the port of entry, quantity, value of steel imported, and whether the imports are entered for consumption or are entered into a bonded warehouse or foreign trade zone. Such information shall also be compiled in aggregate form and made publicly available by the Secretary of Commerce on a weekly basis by public posting through an Internet website. The information provided under this section shall be in addition to any information otherwise required by law. (d) Fees.--The Secretary of Commerce may prescribe reasonable fees and charges to defray the costs of carrying out the provisions of this section, including a fee for issuing a certificate under this section. (e) Single Producer and Exporter Countries.--Notwithstanding any other provision of law, the Secretary of Commerce shall make publicly available all information required to be released pursuant to subsection (c), including information obtained regarding imports from a foreign producer or exporter that is the only producer or exporter of goods subject to this section from a foreign country. (f) Regulations.--The Secretary of Commerce may prescribe such rules and regulations relating to the steel import notification and monitoring program as may be necessary to carry the provisions of this section. Passed the House of Representatives March 17, 1999. Attest: JEFF TRANDAHL, Clerk.", "summary": "Directs the President to impose quotas, tariff surcharges, or negotiate enforceable voluntary export restraint agreements in order to ensure that the volume of imported steel products (semifinished, plates, sheets and strips, wire rods, wire and wire products, rail type products, bars, structural shapes and units, pipes and tubes, iron ore, and coke products) during any month does not exceed the average volume of imported steel for the 36-month period preceding July 1997. Directs the Secretaries of the Treasury and of Commerce to implement a program for administering and enforcing the restraints on such imports. Authorizes the Customs Service to refuse entry into the U.S. customs territory for a three year period of any steel products that exceed the allowable levels of such products. Directs the Secretary of Commerce to establish and implement a steel import notification and monitoring program. Requires any person who intends to import steel products into the United States to first obtain an import notification certificate. Sets forth specified import notification certificate requirements. Directs the Secretary of Commerce to publish on a weekly basis through the Internet certain information obtained from steel import notification certificate applications regarding imported steel, including country of origin, the port of entry, quantity, value of steel imported, single producer or exporter countries, and whether such imports are entered into a bonded warehouse or foreign trade zone. Authorizes the Secretary of Commerce to charge reasonable fees to defray the costs of carrying out this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Supply Chain Transparency on Trafficking and Slavery Act of 2014''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) In 2012, the Department of Labor identified 134 goods from 74 countries around the world made by forced labor and child labor. (2) The United States is the world's largest importer, and in the 21st century, investors, consumers, and broader civil society increasingly demand information about the human rights impact of products in the United States market. (3) Courts have also ruled that consumers do not have standing to bring a civil action in United States courts for enforcement of this provision of the Tariff Act, because the legislative intent was to protect American manufacturers from unfairly priced goods, not to protect consumers from tainted goods, consequently, there are fewer than 40 enforcement actions on record in the past 80 years. (4) Mechanisms under Federal law related to forced labor, slavery, human trafficking, and the worst forms of child labor in the stream of commerce suffer from similar problems of limited scope, broad expectations, and inability to provide information about specific supplies whose goods are tainted. (5) The United Nations Guiding Principles on Business and Human Rights affirm that business enterprises have a responsibility to respect human rights, and that States have a duty to ensure these rights are protected. Such Guiding Principles also clarify that the duty to protect against business-related human rights abuses requires States to take the necessary steps to prevent and address human rights abuses to workers through effective policies and regulation. (6) The Trafficking Victims Protection Reauthorization Act of 2003 (Public Law 108-193) together with the Trafficking Victims Protection Act of 2005 (Public Law 109-164) provide for the termination of Federal contracts where a Federal contractor or subcontractor engages in severe forms of trafficking in persons or has procured a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect, or uses forced labor in the performance of the grant, contract, or cooperative agreement. The Trafficking Victims Protection Act of 2005 also provide United States courts with criminal jurisdiction abroad over Federal employees, contractors, or subcontractors who participate in severe forms of trafficking in persons or forced labor. (7) Executive Order 13126, Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor, Executive Order 13627, Strengthening Protections Against Trafficking In Persons In Federal Contracts, and title XVII of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239) have prohibited Federal contractors, subcontractors, and their employees from engaging in the following trafficking-related activities: charging labor recruitment fees; confiscating passports and other identity documents of workers; and using fraudulent recruitment practices, including failing to disclose basic information or making material misrepresentations about the terms and conditions of employment. Such Executive order and Acts also require Federal contractors, subcontractors, and their employees to maintain an anti-trafficking compliance plan that includes, among other elements, a complaint mechanism and procedures to prevent subcontractors at any tier from engaging in trafficking in persons. (b) Sense of Congress.--It is the sense of Congress that-- (1) forced labor, slavery, human trafficking, and the worst forms of child labor are among the most egregious forms of abuse that humans commit against each other, for the sake of commercial profit; (2) the legislative and regulatory framework to prevent goods produced by forced labor, slavery, human trafficking, and the worst forms of child labor from passing into the stream of commerce in the United States is gravely inadequate; (3) legislation is necessary to provide consumers information on products that are free of child labor, forced labor, slavery, and human trafficking; and (4) through publicly available disclosures, businesses and consumers can avoid inadvertently promoting or sanctioning these crimes through production and purchase of goods and products that have been tainted in the supply chains. SEC. 3. DISCLOSURE OF INFORMATION RELATING TO EFFORTS TO COMBAT THE USE OF FORCED LABOR, SLAVERY, TRAFFICKING IN PERSONS, OR THE WORST FORMS OF CHILD LABOR. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following new subsection: ``(s) Disclosures Relating to Efforts To Combat the Use of Forced Labor, Slavery, Trafficking in Persons, or the Worst Forms of Child Labor.-- ``(1) Regulations.--Not later than 1 year after the date of enactment of the Global Supply Chain Transparency for Trafficking, Forced Labor, and Child Labor Eradication Act, the Commission, in consultation with the Secretary of State, shall promulgate regulations to require that any covered issuer required to file reports with the Commission under this section to include annually in such reports, a disclosure whether the covered issuer has taken any measures during the year for which such reporting is required to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the covered issuer's supply chain, and a description of such measures taken. Such disclosure shall include, under the heading `Policies to Address Forced Labor, Slavery, Human Trafficking, and the Worst Forms of Child Labor', information describing to what extent, if any, the covered issuer conducts any of the following activities: ``(A) Whether the covered issuer maintains a policy to identify and eliminate the risks of forced labor, slavery, human trafficking, and the worst forms of child labor within the covered issuer's supply chain (such disclosure to include the text of the policy or substantive description of the elements of the policy), and actions the covered issuer has taken pursuant to or in the absence of such policy. ``(B) Whether the covered issuer maintains a policy prohibiting its employees and employees of entities associated with its supply chain for engaging in commercial sex acts with a minor. ``(C) The efforts of the covered issuer to evaluate and address the risks of forced labor, slavery, human trafficking, and the worst forms of child labor in the product supply chain. If such efforts have been made, such disclosure shall-- ``(i) describe any risks identified within the supply chain, and the measures taken toward eliminating those risks; ``(ii) specify whether the evaluation was or was not conducted by a third party; ``(iii) specify whether the process includes consultation with the independent labor organizations (as such term is defined in section 2 of the National Labor Relations Act (29 U.S.C. 152)), workers' associations, or workers within workplaces and incorporates the resulting input or written comments from such independent labor organizations, workers' associations, or workers and if so, the disclosure shall describe the entities consulted and specify the method of such consultation; and ``(iv) specify the extent to which the process covers entities within the supply chain, including entities upstream in the product supply chain and entities across lines of products or services. ``(D) The efforts of the covered issuer to ensure that audits of suppliers within the supply chain of the covered issuer are conducted to-- ``(i) investigate the working conditions and labor practices of such suppliers; ``(ii) verify whether such suppliers have in place appropriate systems to identify risks of forced labor, slavery, human trafficking, and the worst forms of child labor within their own supply chain; and ``(iii) evaluate whether such systems are in compliance with the policies of the covered issuer or efforts in absence of such policies. ``(E) The efforts of the covered issuer to-- ``(i) require suppliers in the supply chain to attest that the manufacture of materials incorporated into any product and the recruitment of labor are carried out in compliance with the laws regarding forced labor, slavery, human trafficking, and the worst forms of child labor of the country or countries in which the covered issuer is doing business; ``(ii) maintain internal accountability standards, supply chain management, and procurement systems, and procedures for employees, suppliers, contractors, or other entities within its supply chain failing to meet the covered issuer's standards regarding forced labor, slavery, human trafficking, and the worst forms of child labor, including a description of such standards, systems, and procedures; ``(iii) train the employees and management who have direct responsibility for supply chain management on issues related to forced labor, slavery, human trafficking, and the worst forms of child labor, particularly with respect to mitigating risks within the supply chains of products; and ``(iv) ensure that labor recruitment practices at all suppliers associated with the supply chain comply with the covered issuer's policies or efforts in absence of such policies for eliminating exploitive labor practices that contribute to forced labor, slavery, human trafficking, and the worst forms of child labor, including by complying with audits of labor recruiters and disclosing the results of such audits. ``(F) The efforts of the covered issuer in cases where forced labor, slavery, human trafficking, and the worst forms of child labor have been identified within the supply chain, to ensure that remedial action is provided to those who have identified as victims, including support for programs designed to prevent the recurrence of those events within the industry or sector in which they have been identified. ``(2) Requirements for availability of information.-- ``(A) In general.--The regulations promulgated under paragraph (1) shall require-- ``(i) that the required information be disclosed by the covered issuer on the Internet website of the covered issuer through a conspicuous and easily understandable link to the relevant information that shall be labeled `Global Supply Chain Transparency'; and ``(ii) if an individual submits a written request to the covered issuer for such information, that the covered issuer provides the individual with a written disclosure of the required information under this section within 30 days of the receipt of such request. ``(B) Disclosure.--The Commission shall make available to the public in a searchable format on the Commission's website-- ``(i) a list of covered issuers required to disclose any measures taken by the company to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the covered issuer's supply chain, as required by this subsection; and ``(ii) a compilation of the information submitted under the rules issued under paragraph (1). ``(3) Definitions.--As used in this subsection-- ``(A) the term `covered issuer' means an issuer that has annual worldwide global receipts in excess of $100,000,000; ``(B) the terms `forced labor', `slavery', and `human trafficking' mean any labor practice or human trafficking activity in violation of national and international standards, including International Labor Organization Convention No. 182, the Trafficking Victims Protection Act of 2000 (Public Law 106-386), and acts that would violate the criminal provisions related to slavery and human trafficking under chapter 77 of title 18, United States Code, if they had been committed within the jurisdiction of the United States; ``(C) the terms `remediation' and `remedial action' mean the activities or systems that an issuer puts in place to address non-compliance with the standards identified through monitoring or verification, which may apply to individuals adversely affected by the non- compliant conduct or address broader systematic processes; ``(D) the term `supply chain', with respect to a covered issuer disclosing the information required under the regulations promulgated under this section, means all labor recruiters, suppliers of products, component parts of products, and raw materials used by such entity in the manufacturing of such entity's products whether or not such entity has a direct relationship with the supplier; and ``(E) the term `the worst forms of child labor' means child labor in violation of national and international standards, including International Labor Organization Convention No. 182.''. SEC. 4. DISCLOSURES ON WEBSITE OF DEPARTMENT OF LABOR. (a) In General.--The Secretary of Labor shall make available to the public in a searchable format on the Department of Labor's website-- (1) a list of companies required to disclose any measures taken by the company to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the covered issuer's supply chain, as required by section 13(s) of the Securities Exchange Act of 1934, as added by section 3; and (2) a compilation of the information disclosed pursuant to such requirements. (b) Top 100 List.--The Secretary of Labor, in consultation with the Secretary of State and other appropriate Federal and international agencies, independent labor evaluators, and human rights groups, shall annually develop and publish on the Internet website of the Department of Labor a list of top 100 companies adhering to supply chain labor standards, as established under relevant Federal and international guidelines.", "summary": "Business Supply Chain Transparency on Trafficking and Slavery Act of 2014 - Expresses the sense of Congress that: (1) legislation is necessary to provide consumers information on products that are free of child labor, forced labor, slavery, and human trafficking; and (2) businesses and consumers, by means of publicly available disclosures, can avoid inadvertently promoting or sanctioning these crimes through production and purchase of goods and products that have been tainted in the supply chains. Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC), within one year after enactment of the Global Supply Chain Transparency for Trafficking, Forced Labor, and Child Labor Eradication Act, to promulgate regulations requiring that mandatory annual reports include a disclosure whether the covered issuer has taken any measures during the year to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the issuer's supply chains. Requires any business entity filing such disclosures to make them available on its Internet website. Directs the Secretary of Labor to develop and publish annually on the Internet website of the Department of Labor a list of top 100 companies adhering to supply chain labor standards, as established under federal and international guidelines."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom Consolidation Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), Congress declared that ``full and active participants in the Partnership for Peace in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area should be invited to become full NATO members in accordance with Article 10 of such Treaty at an early date...''. (2) In the NATO Enlargement Facilitation Act of 1996 (title VI of section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note), Congress called for the prompt admission of Poland, Hungary, the Czech Republic, and Slovenia to NATO, and declared that ``in order to promote economic stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine...the process of enlarging NATO to include emerging democracies in Central and Eastern Europe should not be limited to consideration of admitting Poland, Hungary, the Czech Republic, and Slovenia as full members of the NATO Alliance''. (3) In the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), Congress declared that ``Poland, Hungary, and the Czech Republic should not be the last emerging democracies in Central and Eastern Europe invited to join NATO'' and that ``Romania, Estonia, Latvia, Lithuania, and Bulgaria...would make an outstanding contribution to furthering the goals of NATO and enhancing stability, freedom, and peace in Europe should they become NATO members [and] upon complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date''. (4) At the Madrid Summit of the NATO Alliance in July 1997, Poland, Hungary, and the Czech Republic were invited to join the Alliance in the first round of NATO enlargement, and the NATO heads of state and government issued a declaration stating ``[t]he Alliance expects to extend further invitations in coming years to nations willing and able to assume the responsibilities and obligations of membership...[n]o European democratic country whose admission would fulfill the objectives of the [North Atlantic] Treaty will be excluded from consideration''. (5) At the Washington Summit of the NATO Alliance in April 1999, the NATO heads of state and government issued a communique declaring ``[w]e pledge that NATO will continue to welcome new members in a position to further the principles of the [North Atlantic] Treaty and contribute to peace and security in the Euro-Atlantic area...[t]he three new members will not be the last...[n]o European democratic country whose admission would fulfill the objectives of the Treaty will be excluded from consideration, regardless of its geographic location...''. (6) In late 2002, NATO will hold a summit in Prague, the Czech Republic, at which it will decide which additional emerging democracies in Central and Eastern Europe to invite to join the Alliance in the next round of NATO enlargement. (7) In May 2000 in Vilnius, Lithuania, the foreign ministers of Albania, Bulgaria, Estonia, Latvia, Lithuania, the Former Yugoslav Republic of Macedonia, Romania, Slovakia, and Slovenia issued a statement (later joined by Croatia) declaring that their countries will cooperate in jointly seeking NATO membership in the next round of NATO enlargement, that the realization of NATO membership by one or more of these countries would be a success for all, and that eventual NATO membership for all of these countries would be a success for Europe and NATO. (8) On June 15, 2001, in a speech in Warsaw, Poland, President George W. Bush stated ``[a]ll of Europe's new democracies, from the Baltic to the Black Sea and all that lie between, should have the same chance for security and freedom--and the same chance to join the institutions of Europe--as Europe's old democracies have...I believe in NATO membership for all of Europe's democracies that seek it and are ready to share the responsibilities that NATO brings...[a]s we plan to enlarge NATO, no nation should be used as a pawn in the agenda of others...[w]e will not trade away the fate of free European peoples...[n]o more Munichs...[n]o more Yaltas...[a]s we plan the Prague Summit, we should not calculate how little we can get away with, but how much we can do to advance the cause of freedom''. (9) On October 22, 1996, in a speech in Detroit, Michigan, former President William J. Clinton stated ``NATO's doors will not close behind its first new members...NATO should remain open to all of Europe's emerging democracies who are ready to shoulder the responsibilities of membership...[n]o nation will be automatically excluded...[n]o country outside NATO will have a veto...[a] gray zone of insecurity must not reemerge in Europe''. SEC. 3. DECLARATIONS OF POLICY. Congress-- (1) reaffirms its previous expressions of support for continued enlargement of the NATO Alliance contained in the NATO Participation Act of 1994, the NATO Enlargement Facilitation Act of 1996, and the European Security Act of 1998; (2) supports the commitment to further enlargement of the NATO Alliance expressed by the Alliance in its Madrid Declaration of 1997 and its Washington Summit Communique of 1999; and (3) endorses the vision of further enlargement of the NATO Alliance articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996, and urges our NATO allies to work with the United States to realize this vision at the Prague Summit in 2002. SEC. 4. DESIGNATION OF SLOVAKIA TO RECEIVE ASSISTANCE UNDER THE NATO PARTICIPATION ACT OF 1994. (a) In General.--Slovakia is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (b) Rule of Construction.--The designation of Slovakia pursuant to subsection (a) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994-- (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to section 606 of the NATO Enlargement Facilitation Act of 1996 (title VI of section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note) and the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to section 2703(b) of the European Security Act of 1998 (title VII of division G of Public Law 105-277; 22 U.S.C. 1928 note) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994; and (2) shall not preclude the designation by the President of other emerging democracies in Central and Eastern Europe pursuant to section 203(d)(2) of the NATO Participation Act of 1994 as eligible to receive assistance under the program established under section 203(a) of such Act. SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED UNDER THE NATO PARTICIPATION ACT OF 1994. (a) Authorization of Foreign Military Financing.--Of the amounts made available for fiscal year 2002 under section 23 of the Arms Export Control Act (22 U.S.C. 2763)-- (1) $6,500,000 is authorized to be available on a grant basis for Estonia; (2) $7,000,000 is authorized to be available on a grant basis for Latvia; (3) $7,500,000 is authorized to be available on a grant basis for Lithuania; (4) $8,500,000 is authorized to be available on a grant basis for Slovakia; (5) $4,500,000 is authorized to be available on a grant basis for Slovenia; (6) $10,000,000 is authorized to be available on a grant basis for Bulgaria; and (7) $11,500,000 is authorized to be available on a grant basis for Romania. (b) Conforming Amendment.--Subsection (a) of section 515 of the Security Assistance Act of 2000 (Public Law 106-280) is amended by striking paragraphs (1), (5), (6), (7), and (8) and redesignating paragraphs (2), (3), (4), and (9) as paragraphs (1) through (4), respectively.", "summary": "Freedom Consolidation Act of 2001 - Reaffirms support for continued enlargement of the North Atlantic Treaty Organization (NATO) Alliance.Designates Slovakia for participation in the Partnership for Peace and eligible to receive certain security assistance under the NATO Participation Act of 1994.Authorizes specified amounts of security assistance for FY 2002 for Estonia, Latvia, Lithuania, Slovakia, Slovenia, Bulgaria, and Romania."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Youth Commission Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) American youth, up to 18 years of age, represent the freest, most educated, most affluent generation this Nation has known. A majority will graduate from high school, will come from families in which the parents or guardians are employed and own property, and will come from a society which has achieved unparalleled national economic and social opportunity in a world largely at peace. (2) The potential for this generation of American youth to make lasting contributions to freedom's cause is unparalleled. Yet, despite this favorable domestic and international climate, some serious flaws have appeared in America's social and cultural fabric, characterized by destructive behaviors among some of our youth that are damaging our Nation and the ability of this generation to achieve its full potential. (3) While most of America's youth are achieving academically and developing wholesome constructive pursuits, youth violence in places like Littleton, Colorado, Springfield, Oregon, and Jonesboro, Arkansas, and the rash of copycat incidents, threatened or real, across the Nation has brought to the fore a troubling lack of respect by some for other individuals that lies at the heart of a free society. (4) Across our Nation, school ``pranks'' have in many cases been destructive to schools and property and reveal a serious lack of understanding by the perpetrators of the true costs of their actions. (5) Equally serious are the consistently high and personally destructive levels of alcohol and drug use by American youth, sometimes coupled with gun violence, as well as increasing levels of teenage suicide and eating disorders, such as bulimia and anorexia. (6) Upholding human dignity faces challenges in the media as well. By the time children in the United States have passed through the eighth grade, they will have witnessed an average of 8,000 murders and over 100,000 other acts of violence through the media. In addition, many video games, music, films, and Internet websites present material so degrading to human dignity that they undermine the value of human life and elevate the bizarre to normal. Some have characterized this as a ``culture of death'' that permeates the consciousness of American youth. (7) The structure of family, neighborhoods, work, and community in the United States has been transformed in the last 30 years as economic growth and mobility have impacted families' aspirations and livelihoods. The static purchasing power of families, mergers, and dislocation of production, higher family mobility and suburbanization, rising levels of foster children, all have contributed to a more fluid social structure and less continuity for youth in permanent nurturing relationships with family and community. The social consequences of these changes, along with the pervasive influence of media, demand attention, for developmental attachments by adults toward youth that characterized previous generations have become more tenuous in today's society. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``National Commission on the Impact of United States Culture on America's Youth'' (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTY OF COMMISSION. The Commission shall investigate and make findings and recommendations with respect to-- (1) the condition and status of contemporary youth in America compared to prior generations, with particular attention to family, neighborhood, schools, scholastic attainment, work, and community involvement; (2) the nature, origins, and trends of antisocial and violent behavior among American youth, including-- (A) an analysis of the trends in violent acts in families, neighborhoods, and schools; and (B) the influence of organizations, other cultural elements, and individuals contributing to the incitement or encouragement of violent behaviors; (3) identification of successful initiatives that involve youth in positive development and experiences that curb antisocial behavior among youth; (4) recommendations for averting and reducing violence among American youth; and (5) recommendations for parents, families, nongovernmental and private sector organizations and Federal, State, and local authorities in building positive developmental experiences among American youth. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members appointed as follows: (1) Two members appointed by the Speaker of the House of Representatives. (2) Two members appointed by the majority leader of the Senate. (3) Two members appointed by the minority leader of the House of Representatives. (4) Two members appointed by the minority leader of the Senate. (5) Three members appointed by the President. (b) Qualifications.--The members shall-- (1) not be incumbent Members of Congress; and (2) be specially qualified to serve on the Commission by reason of education, training, or experience. (c) Terms.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Basic Pay.--Members shall serve without pay. (e) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (f) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (g) Chair.--The Chairperson of the Commission shall be designated by the President at the time of the appointment. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission shall ensure that its hearings and sessions are open to the public, with significant opportunities for testimony from members of the general public. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall cooperate with the Commission in providing that information. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (e) Contract Authority.--The Commission may contract with and compensate Government or private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORTS. (a) Interim Report.--The Commission shall transmit an interim report to the President and the Congress not later than 180 days after the date the Commission is duly organized. (b) Final Report.--The Commission shall transmit a final report to the President and the Congress not later than one year after the date the Commission is duly organized. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislation. SEC. 8. TERMINATION. The Commission shall terminate 30 days after transmitting its final report under section 7(b). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for fiscal year 2002 to carry out this Act, to remain available until expended.", "summary": "America's Youth Commission Act of 2001 - Establishes the National Commission on the Impact of United States Culture on America's Youth."}
{"article": "That this Act may be cited as the ``Line-Item Rescission Act of 1993''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Transmittal of Special Message.--The President may, on the same calendar day the President approves any appropriation bill, transmit to both Houses of the Congress, for consideration in accordance with this section, one or more special messages proposing to rescind all or part of any item of budget authority provided in the appropriation bill. ``(b) Contents of Special Message.-- ``(1) No special message may be considered in accordance with this section if the special message proposes to rescind more than one item of budget authority. ``(2) Each special message transmitted under subsection (a) shall specify, with respect to the item of budget authority (or part thereof) proposed by the message to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(3) Each special message transmitted under subsection (a) shall be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. ``(c) Procedures.-- ``(1)(A) On the day on which a special message proposing to rescind an item of budget authority is transmitted to the House of Representatives and the Senate under subsection (a), the draft bill or joint resolution accompanying such special message shall be introduced (by request) by the majority leader of the House of the Congress in which the appropriation Act providing the budget authority originated. If such House is not in session on the day on which a special message is transmitted, the draft bill or joint resolution shall be introduced in such House, as provided in the preceding sentence, on the first day thereafter on which such House is in session. ``(B) A draft bill or joint resolution introduced in the House of Representatives or the Senate pursuant to subparagraph (A) shall be referred to the Committee on Appropriations of such House. The committee shall report the bill or joint resolution without substantive revision (and with or without recommendation) not later than 20 calendar days of continuous session of the Congress after the date on which the bill or joint resolution is introduced. A committee failing to report a bill or joint resolution within the 20-day period referred to in the preceding sentence shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. ``(C) A vote on final passage of a bill or joint resolution introduced in a House of the Congress pursuant to subparagraph (A) shall be taken on or before the close of the 30th calendar day of continuous session of the Congress after the date of the introduction of the bill or joint resolution in such House. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of the Congress on the same calendar day on which the bill or joint resolution is agreed to. ``(2)(A) A bill or joint resolution transmitted to the House of Representatives or the Senate pursuant to subparagraph (C) of paragraph (1) shall be referred to the Committee on Appropriations of such House. The committee shall report the bill or joint resolution without substantive revision (and with or without recommendation) not later than 20 calendar days of continuous session of the Congress after the bill or joint resolution is transmitted to such House. A committee failing to report the bill or joint resolution within the 20-day period referred to in the preceding sentence shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill or joint resolution transmitted to a House of the Congress pursuant to subparagraph (C) of paragraph (1) shall be taken on or before the close of the 30th calendar day of continuous session of the Congress after the date on which the bill or joint resolution is transmitted to such House. If the bill or joint resolution is agreed to in such House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated, together with a statement of the action taken by the House acting under this paragraph. ``(3)(A) A motion in the House of Representatives to proceed to the consideration of a bill or joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill or joint resolution under this section shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. ``(C) Motions to postpone, made in the House of Representatives with respect to the consideration of a bill or joint resolution under this section, and motions to proceed to the consideration of other business, shall be decided without debate. ``(D) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or joint resolution under this section shall be decided without debate. ``(E) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill or joint resolution under this section shall be governed by the Rules of the House of Representatives applicable to other bills and joint resolutions in similar circumstances. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill or joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill or joint resolution under this section, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill or joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or joint resolution, except that in the event the manager of the bill or joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill or joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. ``(d) Amendments Prohibited.--No amendment to a bill or joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent. ``(e) Requirement to Make Available for Obligation.--Any item of budget authority proposed to be rescinded in a special message transmitted to the Congress in accordance with subsection (a) shall be made available for obligation unless, not more than 60 days after the transmittal of the special message, both Houses of the Congress have agreed to the bill or joint resolution accompanying such special message. ``(f) Definitions.--For purposes of this section, the term-- ``(1) `item' means any numerically expressed amount of budget authority set forth in an appropriation bill; ``(2) `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(3) `appropriation Act' means any appropriation bill that has been approved by the President and become law.''. (b) Conforming Amendments.-- (1) Section 1011(5) of the Congressional Budget and Impoundment Control Act of 1974 is amended-- (A) by striking out ``1012, and'' and inserting in lieu thereof ``1012, the 20-day periods referred to in paragraphs (1)(B) and (2)(A) of section 1013(c), the 60-day period referred to in section 1013(e) and''; (B) by striking out ``1012 during'' and inserting in lieu thereof ``1012 or 1013 during''; (C) by striking out ``of 45'' and inserting in lieu thereof ``of the applicable number of''; and (D) by striking out ``45-day period referred to in paragraph (3) of this section and in section 1012'' and inserting in lieu thereof ``period or periods of time applicable under such section''. (2)(A) Section 1011 of such Act is further amended-- (i) in paragraph (4) by striking out ``1013'' and inserting in lieu thereof ``1014''; and (ii) in paragraph (5)-- (I) by striking out ``1016'' and inserting in lieu thereof ``1017''; and (II) by striking out ``1017(b)(1)'' and inserting in lieu thereof ``1018(b)(1)''. (B) Section 1012 of such Act is amended-- (i) by striking out ``1012 or 1013'' each place it appears and inserting in lieu thereof ``1012, 1013, or 1014''; (ii) in subsection (b)(1) by striking out ``1012'' and inserting in lieu thereof ``1012 or 1013''; (iii) in subsection (b)(2) by striking out ``1013'' and inserting in lieu thereof ``1014''; and (iv) in subsection (e)(2)-- (I) by striking out ``and'' at the end of subparagraph (A), (II) by redesignating subparagraph (B) as subparagraph (C), (III) by striking out ``1013'' in subparagraph (C) (as so redesignated), and (IV) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (C) Section 1015 of such Act is amended by striking out ``1012 or 1013'' each place it appears and inserting in lieu thereof ``1012, 1013, or 1014''. (D) Section 1016 of such Act is amended by striking out ``or 1013(b)'' and inserting in lieu thereof ``, 1013(e), or 1014(b)''. (E) Section 1012(b) of such Act is amended by adding at the end thereof the following new sentence: ``The preceding sentence shall not apply to any item of budget authority proposed by the President to be rescinded under this section that the President has also proposed to rescind under section 1013 and with respect to which the 60-day period referred to in subsection (e) of such section has not expired.''. (3) The table of sections for subpart B of title X of the Congressional Budget and Impoundment Control Act of 1974 is amended-- (A) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (B) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. APPLICATION. The amendments made by this section shall apply to items of budget authority (as defined in subsection (f)(1) of section 1013 of the Congressional Budget and Impoundment Control Act of 1974, as added by section 2 of this Act) provided by appropriation Acts (as defined in subsection (f)(3) of such section) that become law after the date of the enactment of this Act.", "summary": "Line-Item Rescission Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted on the same calendar day the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal. Requires the item of budget authority proposed to be rescinded to be made available for obligation unless both Houses adopt the bill rescinding such item within 60 days."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Setting New Priorities in Education Spending Act''. SEC. 2. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. (a) Repeals.--The following provisions of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) are repealed: (1) Subpart 2 of part B of title I (20 U.S.C. 6371 et seq.; relating to Early Reading First). (2) Subpart 3 of part B of title I (20 U.S.C. 6381 et seq.; relating to the William F. Goodling Even Start Family Literacy programs). (3) Subpart 4 of part B of title I (20 U.S.C. 6383; relating to improving literacy through school libraries). (4) Section 1502 (20 U.S.C. 6492; relating to demonstrations of innovative practices). (5) Section 1504 (20 U.S.C. 6494; relating to the Close Up Fellowship program). (6) Part F of title I (20 U.S.C. 6511 et seq.; relating to comprehensive school reform). (7) Part H of title I (20 U.S.C. 6551 et seq.; relating to school dropout prevention). (8) Section 2151(b) (20 U.S.C. 6651(b); relating to school leadership). (9) Section 2151(c) (20 U.S.C. 6651(c); relating to advanced certification or advanced credentialing). (10) Section 2151(d) (20 U.S.C. 6651(d); relating to special education teacher training). (11) Section 2151(e) (20 U.S.C. 6651(e); relating to early childhood educator professional development). (12) Section 2151(f) (20 U.S.C. 6651(f); relating to teacher mobility). (13) Subpart 2 of part C of title II (20 U.S.C. 6701 et seq.; relating to the National Writing Project). (14) Subpart 4 of part C of title II (20 U.S.C. 6721 et seq.; relating to the teaching of traditional American history). (15) Part D of title II (20 U.S.C. 6751 et seq.; relating to enhancing education through technology). (16) Part B of title III (20 U.S.C. 6891 et seq.; commonly referred to as the ``Improving Language Instruction Educational Programs for Academic Achievement Act''). (17) Section 4003(1) (20 U.S.C. 7103(1); relating to subpart 1 of part A of title IV). (18) Subpart 1 of part A of title IV (20 U.S.C. 7111 et seq.; relating to State grants for safe and drug-free schools and communities). (19) Section 4129 (20 U.S.C. 7139; relating to grants to reduce alcohol abuse). (20) Section 4130 (20 U.S.C. 7140; relating to mentoring programs). (21) Subpart 2 of part D of title V (20 U.S.C. 7245; relating to elementary and secondary school counseling programs). (22) Subpart 3 of part D of title V (20 U.S.C. 7247; relating to partnerships in character education). (23) Subpart 4 of part D of title V (20 U.S.C. 7249; relating to smaller learning communities). (24) Subpart 5 of part D of title V (20 U.S.C. 7251; relating to the Reading is Fundamental--Inexpensive Book Distribution program). (25) Subpart 6 of part D of title V (20 U.S.C. 7253 et seq.; relating to gifted and talented students). (26) Subpart 7 of part D of title V (20 U.S.C. 7255 et seq.; commonly referred to as the ``Star Schools Act''). (27) Subpart 8 of part D of title V (20 U.S.C. 7257 et seq.; relating to the Ready to Teach program). (28) Subpart 9 of part D of title V (20 U.S.C. 7259 et seq.; commonly referred to as the ``Foreign Language Assistance Act of 2001''). (29) Subpart 10 of part D of title V (20 U.S.C. 7261 et seq.; commonly referred to as the ``Carol M. White Physical Education Program''). (30) Subpart 11 of part D of title V (20 U.S.C. 7263 et seq.; relating to community technology centers). (31) Subpart 12 of part D of title V (20 U.S.C. 7265 et seq.; relating to educational, cultural, apprenticeship, and exchange programs for Alaska Natives, Native Hawaiians, and their historical whaling and trading partners in Massachusetts). (32) Subpart 13 of part D of title V (20 U.S.C. 7267 et seq.; commonly referred to as the ``Excellence in Economic Education Act of 2001''). (33) Subpart 14 of part D of title V (20 U.S.C. 7269 et seq.; relating to grants to improve the mental health of children). (34) Subpart 15 of part D of title V (20 U.S.C. 7271; relating to arts in education). (35) Subpart 17 of part D of title V (20 U.S.C. 7275; relating to combatting domestic violence). (36) Subpart 18 of part D of title V (20 U.S.C. 7277 et seq.; relating to healthy, high-performance schools). (37) Subpart 20 of part D of title V (20 U.S.C. 7281 et seq.; relating to additional assistance for certain local educational agencies impacted by Federal property acquisition). (38) Subpart 21 of part D of title V (20 U.S.C. 7283 et seq.; commonly referred to as the ``Women's Educational Equity Act of 2001''). (39) Part B of title VII (20 U.S.C. 7511 et seq.; commonly referred to as the ``Native Hawaiian Education Act''). (40) Part C of title VII (20 U.S.C. 7541 et seq.; commonly referred to as the ``Alaska Native Educational Equity, Support, and Assistance Act''). (b) Conforming Amendments.-- (1) Title i.-- (A) Section 1002.--Section 1002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended-- (i) in subsection (b)-- (I) by striking paragraphs (2) through (4); and (II) by striking the following: ``(b) Reading First.-- ``(1) Reading first.--For'', and inserting the following: ``(b) Reading First.--For''; (ii) in subsection (e)-- (I) by striking paragraph (2); and (II) by striking the following: ``(e) Federal Activities.-- ``(1) Sections 1501 and 1502.--For the purpose of carrying out sections 1501 and 1502,'', and inserting the following: ``(e) Federal Activities.--For the purpose of carrying out section 1501,''; (iii) by striking subsection (f); (iv) by redesignating subsections (g) through (i) as subsections (f) through (h), respectively; (v) by striking subsection (g) (as so redesignated); and (vi) by redesignating subsection (h) (as so redesignated) as subsection (g). (B) Section 1116.--Section 1116(b)(3)(A)(i) of such Act (20 U.S.C. 6316(b)(3)(A)(i)) is amended by striking ``, and may include'' and all that follows through ``part F''. (C) Section 1202.--Section 1202 of such Act (20 U.S.C. 6362) is amended-- (i) in subsection (a)(1), by striking ``section 1002(b)(1)'' and inserting ``section 1002(b)''; and (ii) in subsection (c)(7)(A)(vii), by striking ``, including coordination'' and all that follows through ``where applicable''. (D) Section 1703.--Section 1703 of such Act (20 U.S.C. 6533) is amended by striking ``section 1002(g)'' and inserting ``section 1002(f)''. (2) Title ii.-- (A) Section 2103.--Section 2103 of such Act (20 U.S.C. 6603) is amended-- (i) in subsection (a), by striking ``subpart 5'' and inserting ``section 2151(a)''; and (ii) in subsection (b), by striking ``subpart 5'' and inserting ``section 2151(a)''. (B) Section 2123.--Section 2123(a)(5)(A) of such Act (20 U.S.C. 6623(a)(5)(A)) is amended by striking ``, and are coordinated'' and all that follows through ``part D''. (3) Title iii.--Section 3001 of such Act (20 U.S.C. 6801) is amended-- (A) in subsection (a)-- (i) in paragraph (1), by striking ``, except for subpart 4 of part B''; (ii) by striking paragraph (2); and (iii) by striking the following: ``(a) Authorization of Appropriations.-- ``(1) In general.--Subject'', and inserting the following: ``(a) Authorization of Appropriations.--Subject''; (B) in subsection (b)-- (i) in paragraph (1), by striking ``paragraphs (1) and (2) of''; (ii) by striking paragraph (2); and (iii) by striking the following: ``(b) Conditions on Effectiveness of Parts A and B.-- ``(1) Part a.--Part A'', and inserting the following: ``(b) Conditions on Effectiveness of Part A.--Part A''; and (C) by striking subsection (c). (4) Title iv.--Section 4003 of such Act (20 U.S.C. 7103) (as amended by subsection (a)(17)), is further amended by striking ``appropriated--'' and all that follows through ``such'' and inserting ``appropriated such''. (5) Title vi.--Section 6222(a)(3) of such Act (20 U.S.C. 7351a(a)(3)) is amended by striking ``, as described in part D of title II''. (6) Title ix.-- (A) Section 9101.--Section 9101 of such Act (20 U.S.C. 7801) is amended-- (i) by amending paragraph (13) to read as follows: ``(13) Covered program.--The term `covered program' means each of the programs authorized by-- ``(A) part A of title I; ``(B) part C of title I; ``(C) part D of title I; ``(D) part A of title II; ``(E) part A of title III; ``(F) part A of title IV; ``(G) part B of title IV; ``(H) part A of title V; and ``(I) subpart 2 of part B of title VI.''; and (ii) by amending paragraph (34)(A)(vii)(I) by striking ``(except'' and all that follows through ``part D of title II)''. (B) Section 9501.--Paragraph (1) of section 9501(b) of such Act (20 U.S.C. 7881(b)(1)) is amended to read as follows: ``(1) In general.--This section applies to programs under-- ``(A) subpart 1 of part B of title I; ``(B) part C of title I; ``(C) part A of title II, to the extent provided in paragraph (3); ``(D) part B of title II; ``(E) part A of title III; ``(F) part A of title IV; and ``(G) part B of title IV.''.", "summary": "Setting New Priorities in Education Spending Act - Repeals specified provisions of the Elementary and Secondary Education Act of 1965. Lists the repealed provisions as those pertaining to: the Early Reading First program, under subpart 2 of part B of title I; the William F. Goodling Even Start Family Literacy programs, under subpart 3 of part B of title I; improving literacy through school libraries, under subpart 4 of part B of title I; demonstration projects of innovative practices for enabling children to meet state academic content and achievement standards, under part E of title I; the Close Up Fellowship program, under part E of title I; comprehensive school reform, under part F of title I; school dropout prevention, under part H of title I; school leadership, under subpart 5 of part A of title II; advanced certification or advanced credentialing for teachers, under subpart 5 of part A of title II; special education teacher training, under subpart 5 of part A of title II; early childhood educator professional development, under subpart 5 of part A of title II; teacher mobility, under subpart 5 of part A of title II; the National Writing Project, under subpart 2 of part C of title II; the teaching of traditional American history, under subpart 4 of part C of title II; enhancing education through technology, under part D of title II; programs to improve language instruction for limited English proficient children, under part B of title III; state grants for safe and drug-free schools and communities, under subpart 1 of part A of title IV; grants to reduce alcohol abuse, under subpart 2 of part A of title IV; mentoring programs, under subpart 2 of part A of title IV; elementary and secondary school counseling programs, under subpart 2 of part D of title V; partnerships in character education, under subpart 3 of part D of title V; smaller learning communities, under subpart 4 of part D of title V; the Reading is Fundamental--Inexpensive Book Distribution program, under subpart 5 of part D of title V; gifted and talented students, under subpart 6 of part D of title V; the Star Schools program, under subpart 7 of part D of title V; the Ready to Teach program, under subpart 8 of part D of title V; the Foreign Language Assistance program, under subpart 9 of part D of title V; the Carol M. White Physical Education Program, under subpart 10 of part D of title V; community technology centers, under subpart 11 of part D of title V; educational, cultural, apprenticeship, and exchange programs for Alaska Natives, Native Hawaiians, and their historical whaling and trading partners in Massachusetts, under subpart 12 of part D of title V; excellence in economic education, under subpart 13 of part D of title V; grants to improve the mental health of children, under subpart 14 of part D of title V; arts in education, under subpart 15 of part D of title V; combatting domestic violence, under subpart 17 of part D of title V; healthy, high-performance schools, under subpart 18 of part D of title V; additional assistance for certain local educational agencies impacted by federal property acquisition, under subpart 20 of part D of title V; the Women's Educational Equity Act, under subpart 21 of part D of title V; the Native Hawaiian Education program, under part B of title VII; and the Alaska Native Education program, under part C of title VII."}
{"article": "SECTION 1. SHORT TITLE AND DEFINITIONS. (a) Short Title.--This Act may be cited as the ``National Renewable Energy Lands Act of 2002''. (b) Definitions.--For purposes of this Act: (1) The term ``renewable energy'' means electric energy generated by solar, wind, or geothermal power. (2) The term ``candidate sites'' means sites identified under section 4 as candidates for the siting of renewable energy production facilities. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The expedited development and deployment of energy efficiency and renewable energy technologies and resources in the United States will both increase our energy independence and contribute to ensuring our energy security. (2) Renewable energy facilities produce cleaner energy and have much less impact on the environment than conventional energy facilities and fuels in terms of air pollution, acid rain, and greenhouse gases. (3) The United States has abundant solar, wind, and geothermal resources on Federal lands providing, a tremendous potential for the development and deployment of renewable energy power. (4) The use of solar, wind, and geothermal technologies and resources can be enhanced through the use of integrated hydroelectric storage systems. (5) The development and deployment of renewable energy technologies and resources on Federal lands can be done in an expedited fashion consistent with the requirements of the Federal Land Management Policy Act of 1976 and the National Environmental Policy Act of 1969. SEC. 3. EVALUATION OF FEDERAL HYDROELECTRIC FACILITY CANDIDATE SITES. The Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, and in consultation with the Federal Power Marketing Administrations and other appropriate Federal agencies, shall evaluate all Federal hydroelectric facilities on Federal lands and, within 1 year after the enactment of this Act, identify facilities that are candidates for interconnection with potential renewable energy generation facilities. Evaluation criteria to identify candidate facilities shall include-- (1) proximity of the hydroelectric facilities to Federal lands suitable for renewable energy projects; (2) existing transmission capacity infrastructure in proximity to the hydroelectric facilities; (3) the need for, and value of, enhanced peaking power production capability in conjunction with the hydroelectric facilities; (4) the value of increased Department of the Interior ability to address varied multiple-use concerns, such as water resource management, recreational and wildlife uses, deriving from the additional margins of generation potentially provided by collocated renewable energy production facilities; and (5) other criteria to be determined. SEC. 4. EVALUATION OF FEDERAL RENEWABLE ENERGY PRODUCTION CANDIDATE SITES. The Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, and in consultation with the Federal Power Marketing Administrations and other appropriate Federal agencies, shall, within 1 year after the enactment of this Act, evaluate and identify potential renewable energy production sites on Federal lands. Evaluation criteria to identify candidate sites shall include each of the following: (1) Proximity to (A) hydroelectric facilities that are identified under section 3 as candidates for interconnection with potential renewable energy generation facilities, or (B) support infrastructure, including roadways, transmission lines, and other facilities. (2) Topography appropriate for solar, wind, or geothermal generation systems. (3) The absence of cultural or historic resources. (4) The impact of facilities on wildlife including the likelihood of interference with federally listed threatened or endangered species and their habitats. (5) The absence of any other potential impediments to the development of electric energy generation and transmission facilities. Upon completion of the evaluation, the Secretary shall publish a list of the sites that the Secretary finds to be qualified for the location of renewable energy facilities. Such list shall be made available for public comment for a period of at least 90 days. SEC. 5. ENGINEERING FEASIBILITY ANALYSIS. The Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, and in consultation with other appropriate Federal agencies, shall complete an engineering feasibility analysis for sites that are identified under section 4 as candidate sites setting forth each of the following: (1) The capability and cost estimates of additional hydro- related transmission equipment additions (if any) based on pro forma power production increases in 1-percent increments up to a total of 10 percent of the subject hydrofacilities current production capacity. (2) An analysis of the potential financial benefits of coordinated operation of the potential renewable energy facilities located at the candidate sites with hydroelectric facilities on Federal lands. (3) An analysis of the potential environmental benefits to affected aquatic ecosystems arising from improved flexibility in hydrofacility water management attributable to collocated renewable energy systems. SEC. 6. LEASING. (a) In General.--Upon the completion of the engineering feasibility analysis under section 5 of this Act, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall expeditiously make the most promising of the candidate sites identified under section 4 available for long-term lease pursuant to a competitive bidding process to qualified renewable energy development firms. In identifying the candidate areas to be made available for leasing under this section, the Secretary shall locate such areas and determine the size of such areas in such manner as will (1) minimize the need for additional rights of way for transmission and for transportation, and (2) provide such lands to enable the lessee to expand the size of any initial facility to be constructed on the lease lands. (b) Advertising.--The Director of the Bureau of Land Management shall publicly advertise the terms and conditions of potential long- term lease agreements for the candidate sites. (c) Request for Proposals.--The Director of the Bureau of Land Management shall prepare a request for proposals to develop the candidate sites identified under section 4. (d) Issuance of Leases.--The leases issued under this section shall be for a period of not less than 30 years. (e) Commencement of Construction and Operation.--As a condition of any lease under this section, the Director of the Bureau of Land Management shall require lessees to commence construction of a renewable energy production facility within 24 months of the signing of the lease and be fully capable of producing electric energy for sale within 36 months of the signing of the lease for the public lands site. SEC. 7. GAO REPORT. The Comptroller General of the United States shall undertake an investigation of, and prepare and submit to the Congress a report on, the existing impediments to the construction of renewable energy projects on Federal lands and the measures, including legislative measures, necessary to expedite the development of such projects. SEC. 8. CONTRACT EXPIRATION. Upon expiration and renegotiation of any contract for the sale of electric energy generated by a Federal hydroelectric facility on Federal land, the interconnection of potential renewable energy sources to such facility shall be evaluated and implemented in accordance with the evaluation criteria as defined in section 3 of this Act.", "summary": "National Renewable Energy Lands Act of 2002 - Instructs the Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, to: (1) evaluate all Federal hydroelectric facilities on Federal lands and identify candidates for interconnection with potential renewable energy generation facilities; (2) evaluate and identify renewable energy production candidate sites on Federal lands; (3) complete an engineering feasibility analysis for such sites; and (4) expeditiously make the most promising of the candidate sites available for long-term lease pursuant to a competitive bidding process to qualified renewable energy development firms.Requires the Comptroller General to investigate and report to Congress on the existing impediments to construction of renewable energy projects on Federal lands and the measures necessary to expedite project development."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Employees and Retirees in Municipal Bankruptcies Act of 2014''. SEC. 2. DETERMINATION OF MUNICIPALITY ELIGIBILITY TO BE A DEBTOR UNDER CHAPTER 9 OF TITLE 11 OF THE UNITED STATES CODE. (a) Requirements.--Section 109(c) of title 11, United States Code, is amended-- (1) in paragraph (5)-- (A) in subparagraph (B) by inserting ``(but with respect to creditors who are employees or retirees of such entity, the term `good faith' shall have the same meaning as such term has in the National Labor Relations Act)'' after ``creditors'' the first place it appears, (B) in subparagraph (C) by striking ``impracticable'' and inserting ``impossible'', and (C) in subparagraph (D) by striking the period at the end and inserting a semicolon, and (2) by adding at the end the following: ``and establishes by clear and convincing evidence that it satisfies the requirements of this subsection.''. (b) Repeal of Limitation on Authority To Issue Stay Pending Appeal.--The first sentence of section 921(e) of title 11, United States Code, is amended by striking ``; nor'' and all that follows through ``appeal''. (c) Direct Immediate Appeal to Court of Appeals.--Section 158(d) of title 28, United States Code, is amended by adding at the end the following: ``(3) The appropriate court of appeals shall have jurisdiction of an appeal of a determination made by a bankruptcy court under section 109(c) of title 11 that an entity is eligible to be a debtor under chapter 9 of title 11 and shall consider and determine such appeal on an expedited basis. Such appeal shall be a direct appeal to be reviewed and heard de novo on the merits. The doctrine of equitable mootness shall not apply to appeals under this paragraph.''. SEC. 3. PROTECTING EMPLOYEES AND RETIREES. Section 943 of title 11, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (6) by striking ``and'' at the end, (B) by redesignating paragraph (7) as paragraph (8), and (C) by inserting after paragraph (6) the following: ``(7) in a case in which the plan modifies a collective bargaining agreement, or modifies a retiree benefit, including an accrued pension, retiree health, or other retirement benefit otherwise protected by State or municipal law, or a retiree benefit as defined in section 1114(a), in any manner otherwise prohibited by nonbankruptcy law, the authorized representative of the employees covered by such agreement, or the authorized representative of individuals receiving the retiree benefits, as the case may be, agrees to the plan; and'', and (2) by adding at the end the following: ``(c)(1) For purposes of this section, and except as provided in paragraphs (2) and (3), the authorized representative of those individuals receiving any retiree benefit covered by any collective bargaining agreement shall be the labor organization that is signatory to such agreement unless such organization no longer represents active employees in the bargaining unit the retirees belonged to when they were active employees. In such case, the labor organization that currently represents active employees in that bargaining unit shall be the authorized representative of such individuals. ``(2) Paragraph (1) shall not apply if-- ``(A) such labor organization elects not to serve as the authorized representative of such individuals; or ``(B) the court, upon a motion by a party in interest, after notice and hearing, determines that different representation of such individuals is appropriate. ``(3) In a case in which the labor organization referred to in paragraph (2) elects not to serve as the authorized representative of those individuals receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, or in a case where the court, pursuant to paragraph (2) finds different representation of such individuals appropriate, the court, upon a motion by a party in interest, and after notice and a hearing, shall order the United States trustee to appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits or if the court otherwise determines that it is appropriate, from among such individuals, to serve as the authorized representative of such individuals under this section. The party requesting such relief has the burden of proof. ``(d) For retired employees not covered by a collective bargaining agreement, the court, upon a motion by a party in interest, and after notice and a hearing, shall issue an order requiring the United States trustee to appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits, or if the court otherwise determines that it is appropriate, to serve as the authorized representative under this section of such employees. Such party has the burden of proof with respect to such motion. ``(e) To comply with an order issued under subsection (c)(3) or (d), notwithstanding any other provision of this chapter, the United States trustee shall appoint, on a proportional basis per capita based on organization membership, individuals chosen from among members of organizations that represent the retirees with respect to whom such order is entered. ``(f) Members of a committee appointed under subsection (c)(3) or (d) may not recommend modification of any right to a retiree benefit unless not less than \\2/3\\ of such members vote in support of such recommendation.''.", "summary": "Protecting Employees and Retirees in Municipal Bankruptcies Act of 2014 - Amends federal bankruptcy law with respect to the requirement for a municipality to be a debtor under Chapter 9 (Adjustment of Debts of a Municipality) that the municipality has negotiated in good faith with creditors and failed to obtain the agreement of those holding at least a majority in amount of the claims of each class that the municipality intends to impair under a plan. Requires that, with respect to creditors who are the municipality's employees or retirees, "good faith" has the same meaning as it does in the National Labor Relations Act. Requires the municipality also to establish by clear and convincing evidence that it satisfies all eligibility criteria. Repeals the limitation placed upon on court authority to issue a stay pending an appeal of an order for relief. Amends the Judicial Code to confer upon the appropriate court of appeals jurisdiction of any appeal of a bankruptcy court determination that an entity is eligible to be a municipal debtor. Requires the appellate court to consider and determine such appeal on an expedited basis as a direct appeal, which shall be reviewed and heard de novo on the merits. Requires the court to confirm the bankruptcy plan of a municipality which modifies a collective bargaining agreement or a retiree benefit in any manner otherwise prohibited by nonbankruptcy law if the plan is agreed to by the authorized representative of either the employees covered by collective bargaining or the individuals receiving the retiree benefits. Designates the labor organization signatory to a collective bargaining agreement as the authorized representative of individuals receiving retiree benefits covered by that agreement. Sets forth procedures for court appointment of an authorized representative if a labor organization elects not to serve as one, or if the retired employees are not covered by a collective bargaining agreement."}
{"article": "SECTION 1. MODIFICATIONS OF REPORTING REQUIREMENTS FOR CERTAIN STATE AND LOCAL POLITICAL ORGANIZATIONS. (a) Notification.--Paragraph (5) of section 527(i) of the Internal Revenue Code of 1986 (relating to organizations must notify Secretary that they are section 527 organizations) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by adding at the end the following: ``(C) which is a political committee of a State or local candidate, or a local committee of a political party, as defined by State law.''. (b) Exemption for Certain State and Local Political Committees From Reporting Requirements.-- (1) In general.--Paragraph (5) of section 527(j) of such Code (relating to required disclosures of expenditures and contributions) is amended by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) to any organization which is an exempt State or local political organization,''. (2) Exempt state or local political organization.-- Subsection (e) of section 527 of such Code (relating to other definitions) is amended by adding at the end the following new paragraph: ``(5) Exempt state or local political organization.-- ``(A) In general.--The term `exempt State or local political organization' means a political organization-- ``(i) which does not engage in any exempt function other than to influence or to attempt to influence the selection, nomination, election, or appointment of any individual to any State or local public office or office in a State or local political organization, ``(ii) which is subject to State or local requirements to submit reports containing information-- ``(I) regarding individual expenditures from and contributions to such organization, and ``(II) regarding the person who makes such contributions or receives such expenditures, which is substantially similar to the information which would otherwise be required to be reported under this section, and ``(iii) with respect to which the reports referred to in clause (ii) are made public by the agency with which such reports are filed and are publicly available for inspection in a manner similar to that required by section 6104(d)(1). ``(B) Participation of federal candidate or office holder.--The term `exempt State or local political organization' shall not include any organization otherwise described in subparagraph (A) if a candidate for nomination or election to Federal elective office or an individual who holds such office-- ``(i) controls or materially participates in the direction of the organization, or ``(ii) directs, in whole or in part, expenditures or fundraising activities of the organization.''. (c) Annual Return Requirements.-- (1) Income tax returns required only where political organization taxable income.--Paragraph (6) of section 6012(a) of such Code (relating to general rule of persons required to make returns of income) is amended by striking ``or which has gross receipts of $25,000 or more for the taxable year (other than an organization to which section 527 applies solely by reason of subsection (f)(1) of such section)''. (2) Information returns.--Subsection (g) of section 6033 of such Code (relating to returns required by political organizations) is amended to read as follows: ``(g) Returns Required by Political Organizations.-- ``(1) In general.--Every political organization (within the meaning of section 527(e)(1)), and every fund treated under section 527(g) as if it constituted a political organization, which has gross receipts of $25,000 or more for the taxable year shall file a return-- ``(A) containing the information required, and complying with the other requirements, under subsection (a)(1) for organizations exempt from taxation under section 501(a), and ``(B) containing such other information as the Secretary deems necessary to carry out the provisions of this subsection. ``(2) Exceptions from filing.-- ``(A) Mandatory exceptions.--Paragraph (1) shall not apply to an organization-- ``(i) which is an exempt State or local political organization (as defined in section 527(e)(5)), ``(ii) which is a State or local committee of a political party, or political committee of a State or local candidate, as defined by State law, ``(iii) which is a caucus or association of State or local elected officials, ``(iv) which is a national association of State or local officials, ``(v) which is an authorized committee (as defined in section 301(6) of the Federal Election Campaign Act of 1971) of a candidate for Federal office, ``(vi) which is a national committee (as defined in section 301(14) of the Federal Election Campaign Act of 1971) of a political party, or ``(vii) to which section 527 applies for the taxable year solely by reason of subsection (f)(1) of such section. ``(B) Discretionary exception.--The Secretary may relieve any organization required under paragraph (1) to file an information return from filing such a return where he determines that such filing is not necessary to the efficient administration of the internal revenue laws.''. (d) Waiver of Penalties.--Section 527 of such Code is amended by adding at the end the following: ``(k) Authority To Waive.--The Secretary may waive all or any portion of the-- ``(1) tax assessed on an organization by reason of the failure of the organization to give notice under subsection (i), or ``(2) penalty imposed under subsection (j) for a failure to file a report, on a showing that such failure was due to reasonable cause and not due to willful neglect.''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by Public Law 106-230. SEC. 2. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS. (a) In General.--The Secretary of the Treasury, in consultation with the Federal Election Commission, shall publicize information on-- (1) the effect of the amendments made by this Act, and (2) the interaction of requirements to file a notification or report under section 527 of the Internal Revenue Code of 1986 and reports under the Federal Election Campaign Act of 1971. (b) Information.--Information provided under subsection (a) shall be included in any appropriate form, instruction, notice, or other guidance issued to the public by the Secretary of the Treasury or the Federal Election Commission regarding reporting requirements of political organizations (as defined in section 527 of the Internal Revenue Code of 1986) or reporting requirements under the Federal Election Campaign Act of 1971. SEC. 3. TECHNICAL CORRECTIONS TO SECTION 527 ORGANIZATION DISCLOSURE PROVISIONS. (a) Unsegregated Funds Not To Avoid Tax.--Paragraph (4) of section 527(i) of the Internal Revenue Code of 1986 (relating to failure to notify) is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, the term `exempt function income' means any amount described in a subparagraph of subsection (c)(3), whether or not segregated for use for an exempt function.''. (b) Procedures for Assessment and Collection of Penalty.--Paragraph (1) of section 527(j) of such Code (relating to required disclosure of expenditures and contributions) is amended by adding at the end the following new sentence: ``For purposes of subtitle F, the penalty imposed by this paragraph shall be assessed and collected in the same manner as penalties imposed by section 6652(c).''. (c) Application of Fraud Penalty.--Section 7207 of such Code (relating to fraudulent returns, statements, and other documents) is amended by striking ``pursuant to subsection (b) of section 6047 or pursuant to subsection (d) of section 6104'' and inserting ``pursuant to section 6047(b), section 6104(d), or subsection (i) or (j) of section 527''. (d) Duplicate Electronic and Written Filings Not Required.-- (1) Subparagraph (A) of section 527(i)(1) of such Code is amended by striking ``, electronically and in writing,''. (2) Subsection (i) of section 527 of such Code is amended by adding at the end the following new paragraph: ``(7) Electronic filing.--The Secretary shall develop procedures for submission in electronic form of notices required to be filed under this subsection and reports required to be filed under subsection (j).''. (e) Effective Dates.-- (1) Subsections (a) and (b).--The amendments made by subsections (a) and (b) shall apply to failures occurring on or after the date of the enactment of this Act. (2) Subsections (c) and (d).--The amendments made by subsections (c) and (d) shall take effect as if included in the amendments made by Public Law 106-230.", "summary": "Amends the Internal Revenue Code to: (1) exempt State and local candidate committees, as well as local committees of political parties, from specified notification requirements; (2) exempt certain State and local political organizations from specified reporting requirements; (3) remove language dictating that certain political organizations with gross receipts of $25,000 or more for a taxable year and specified political newsletter funds with such receipts shall file income tax returns; (4) mandate that, with certain designated exceptions, every political organization with gross receipts of $25,000 or more for a taxable year and specified political newsletter funds with such receipts file information returns with specified information including income, receipts and disbursements, as well as facts deemed necessary by the Secretary of the Treasury; (5) authorize the Secretary to waive certain related penalties; and (6) amend related penalty provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the Health Care Safety Net Act of 2009''. SEC. 2. APPLICATION OF UNEXPENDED MEDICAID DSH ALLOTMENTS FOR INCREASED ALLOTMENTS FOR LOW DSH STATES AND FOR HEALTH NETWORK ACCESS GRANTS. (a) Establishment of DSH Redistribution Pool From Unexpended Medicaid DSH Allotments.--Subsection (f) of section 1923 of the Social Security Act (42 U.S.C. 1396r-4) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: ``(7) DSH redistribution pool from portion of unexpended dsh allotments to fund increase in allotments for low dsh states and health network access grants.-- ``(A) Establishment.--There is established a DSH redistribution pool in the amount provided under this paragraph. Such amount shall be determined by the Secretary at the beginning of each fiscal year and the Secretary may adjust such amount in subsequent fiscal years to take into account errors in estimates made for previous fiscal years. The amount in such pool shall be available for obligation and expenditure without fiscal year limitation. ``(B) Addition of unexpended dsh allotments.--At the beginning of each fiscal year (beginning with fiscal year 2010), there shall be added to the DSH redistribution pool an amount equal to the amount by which-- ``(i) the total of the DSH allotments for all States for the third preceding fiscal year; exceeded ``(ii) the total Federal financial participation under this title attributable to such allotments for such fiscal year. ``(C) Reduction for expenditures resulting from increased allotments for low dsh states and for health network access grants.--At the beginning of each fiscal year (beginning with fiscal year 2011), there shall be subtracted from the DSH redistribution pool an amount equal to the sum of-- ``(i) the aggregate increase in Federal financial participation under this title attributable to the amendments made by section 2(b) of the Strengthening the Health Care Safety Net Act of 2009 for the previous fiscal year; and ``(ii) the amount obligated on grants under subsection (k) for such previous fiscal year.''. (b) Increase in DSH Allotments for Low DSH States; Qualification of Low DSH States Based on Fiscal Year 2005 Data.--Subsection (f)(5) of such section is amended-- (1) in subparagraph (B)-- (A) by striking ``and'' at the end of clause (ii); (B) in clause (iii)-- (i) by striking ``2009'' and inserting ``2015''; (ii) by inserting ``, subject to subparagraph (D),'' after ``shall be''; and (iii) by redesignating such clause as clause (iv); and (C) by inserting after clause (ii) the following new clause: ``(iii) each succeeding fiscal year before fiscal year 2015 shall be, subject to subparagraph (D), the DSH allotment for the State for the previous fiscal year increased by 16 percent; and''; and (2) by adding at the end the following new subparagraphs: ``(C) Additional states covered for fiscal year 2010 and subsequent years.--In the case of a State not described in subparagraph (B) in which the total expenditures under the State plan (including Federal and State shares) for disproportionate share hospital adjustments under this section for fiscal year 2005, as reported to the Administrator of the Centers for Medicare & Medicaid Services as of August 31, 2008, is greater than 0 but less than 3 percent of the State's total amount of expenditures under the State plan for medical assistance during the fiscal year, the DSH allotment for the State with respect to-- ``(i) fiscal year 2010 and any succeeding fiscal year before fiscal year 2015 shall be, subject to subparagraph (D), the DSH allotment for the State for the previous fiscal year increased by 16 percent; and ``(ii) any subsequent fiscal year shall be, subject to subparagraph (D), the DSH allotment for the State for the previous fiscal year subject to an increase for inflation as provided in paragraph (3)(A). ``(D) Limitation on increases to amount available from dsh redistribution pool.--If the Secretary estimates for a fiscal year (beginning with fiscal year 2010) that-- ``(i) the amount of additional expenditures in the fiscal year resulting from the application of an increase in DSH allotments under subparagraphs (B) and (C) beginning with fiscal year 2010 of 16 percent (instead of the application of an increase for inflation as provided in paragraph (3)(A)), exceeds ``(ii) the amount available for obligation from the DSH redistribution pool under paragraph (7) for the fiscal year, the Secretary shall reduce the increase in the DSH allotments otherwise provided under such subparagraphs for the fiscal year in a pro-rata manner so that the amount of additional expenditures in the fiscal year resulting from the application of such subparagraphs is equal to the amount described in clause (ii) for the fiscal year. A reduction in a DSH allotment for a State under this subparagraph shall not affect the computation of the DSH allotment for the State under subparagraph (B) or (C) for the subsequent fiscal year.''. (c) Demonstration Grants to Health Access Networks.--Such section is further amended by adding at the end the following new subsection: ``(k) Demonstration Grants to Health Access Networks.-- ``(1) In general.--From the amount of funds made available under paragraph (6)(A) of this subsection from funds made available under subsection (d)(7) for a fiscal year, the Secretary shall award demonstration grants under this subsection to health access networks for such fiscal year for the purpose of improving access, quality, and continuity of care for uninsured individuals through better coordination of care by the network. ``(2) Health access network defined.-- ``(A) In general.--In this subsection, the term `health access network' means an entity representing a collection of safety net providers, including hospitals, community health centers, public health departments, physicians, safety net health plans, federally qualified health centers, or other recognized safety net providers, that-- ``(i) is organized for the purpose of restructuring and improving the access, quality, and continuity of care to the uninsured and underinsured; and ``(ii) offers patients access to all levels of care, including primary, outpatient, specialty, certain ancillary services, and acute inpatient care, within a community or across a broad spectrum of providers across a service region or State. ``(B) Inclusion of section 330 networks and plans.--Such term includes networks and plans that meet the requirements for funding under section 330(e)(1)(C) of the Public Health Service Act (42 U.S.C. 254b(e)(1)(C)). ``(C) Inclusion of integrated health care systems.-- ``(i) In general.--Such term also includes an integrated health care system (including a pediatric system). ``(ii) Definition.--For purposes of this subparagraph, the term `integrated health care system (including a pediatric system)' means a health care provider that-- ``(I) is organized to provide care in a coordinated fashion; and ``(II) assures access to a full range of primary, specialty, and hospital care, to uninsured and under- insured individuals, as appropriate. ``(3) Application and plan requirement.-- ``(A) In general.--In order to be eligible for a grant under this subsection, a health access network shall-- ``(i) submit an application, in such form and manner as the Secretary shall specify; ``(ii) submit with such application a plan that meets the requirements of subparagraph (B); ``(iii) identify in such plan measurable performance targets for at least 3 of the goals described in subparagraph (B); and ``(iv) agree that a portion of the payment of grant funds for patient care services after the first year for which such payment is made shall be contingent upon the health access network demonstrating success in achieving such targets. ``(B) Plan requirements.--A health access network that desires a grant under this subsection shall submit a plan to the Secretary that details how the network intends through the grant-- ``(i) to manage costs associated with the provision of health care services to uninsured and underinsured individuals served by the network; ``(ii) to improve access to, and the availability of, health care services provided to uninsured and underinsured individuals served by the network; ``(iii) to enhance the quality and coordination of health care services provided to uninsured and underinsured individuals served by the network; ``(iv) to improve the health status of uninsured and underinsured individuals served by the network; and ``(v) to reduce health disparities in the population of uninsured and underinsured individuals served by the network. Nothing in this paragraph shall be construed as requiring a health access network operating in a State to operate on a statewide basis or otherwise to serve all uninsured and underinsured individuals in area served. ``(C) Authority to limit number of grants.--In awarding grants under this subsection, the Secretary may limit the grants in a manner so that each grantee is able to provide patient care services to the number of uninsured individuals specified by each network in its grant application. ``(4) Use of funds.-- ``(A) In general.--A health access network that receives funds under a grant under this subsection shall expend an amount equal to at least 90 percent of such funds for the provision of (or payment for) direct patient care services. ``(B) Rule of construction regarding direct patient care services.--For purposes of subparagraph (A), the term `direct patient care services' means, with respect to a health access network, services, such as specialty medical care and diagnostic services, that are not available or are insufficiently available through the network's providers other than under a grant under this subsection. ``(C) Preference for services through safety net providers.--In purchasing direct patient care services for uninsured and underinsured individuals under a grant under this subsection, health access networks shall, to the maximum extent feasible, endeavor to purchase such services from safety net providers. ``(5) Supplement, not supplant.--Funds paid to a health access network under a grant under this subsection shall supplement and not supplant, other Federal or State payments that are made to the network to support the provision of health care services to low-income or uninsured patients. ``(6) Funding.-- ``(A) Availability of funds from dsh redistribution pool.--To carry out this subsection there is hereby made available for each fiscal year (beginning with fiscal year 2010 and ending with fiscal year 2014) and appropriated from the DSH redistribution pool established under subsection (d)(7), an amount equal to-- ``(i) the amount available for obligation from such pool in such fiscal year, reduced by ``(ii) the Secretary's estimate of the aggregate increase in Federal financial participation under this title for the fiscal year that will be attributable to the amendments made by section 2(b) of the Strengthening the Health Care Safety Net Act of 2009. ``(B) Treatment of grant funds.--Payments to a health access network under a grant under this subsection shall not be treated as a disproportionate share hospital payment adjustments under this section and shall not be counted against the DSH allotment for any State. ``(C) No state matching required.--Nothing in this subsection shall be construed as requiring a State to provide for any State matching funds to receive funds under this subsection. ``(D) Availability.--The amount of any grant to a health access network under this subsection shall remain available for expenditure under the grant through the end of the third fiscal year after the fiscal year in which the grant is made.''. (d) Conforming Date of Application of DSH Hospital Requirement to Availability of Funding for Low DSH States.--Subsection (d)(2)(A)(ii) of such section is amended by inserting before the period at the end the following: ``(or, in the case of a low DSH State described in subparagraph (B) or (C) of subsection (f)(5), the date of the enactment of the Strengthening the Safety Net Act of 2009)''. (e) Reporting Using Unified Reporting Document.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall develop a unified reporting document for all disproportionate share hospital (DSH) allocations and expenditures under section 1923 of the Social Security Act. Beginning in fiscal year 2010 each State receiving a DSH allocation under such section shall be required by the Secretary to report all expenditures against the allocation using such unified reporting document. This requirement shall apply to States regardless of whether the DSH expenditures occur through a waiver. (f) Effective Date.--The amendments made by this section shall apply beginning with fiscal year 2010.", "summary": "Strengthening the Health Care Safety Net Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to establish a disproportionate share hospital (DSH) redistribution pool from unexpended Medicaid DSH allotments to fund an increase in allotments for low DSH states. Directs the Secretary of Health and Human Services to award demonstration grants to health access networks to improve access, quality, and continuity of care for uninsured individuals through better coordination of care by such networks."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Public Health Protections in Major Disasters and Emergencies Act''. SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 (42 U.S.C. 5174) the following: ``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN DISASTER AREA. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Individual.--The term `individual' includes-- ``(A) a worker or volunteer who responded to Hurricane Katrina or Hurricane Rita or responds to a major disaster or emergency, including-- ``(i) a police officer; ``(ii) a firefighter; ``(iii) an emergency medical technician; ``(iv) any participating member of an urban search and rescue team; and ``(v) any other relief or rescue worker or volunteer that the President determines to be appropriate; ``(B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; ``(C) a person whose place of residence is in a disaster area; ``(D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and ``(E) any other person that the President determines to be appropriate. ``(2) Medical institution.--The term `medical institution' includes a hospital facility (as such term is defined in section 391 of the Energy Policy Conservation Act (42 U.S.C. 6371) and an accredited public or nonprofit school of medicine. ``(3) Program.--The term `program' means a program described in subsection (b) that is carried out for a disaster area. ``(4) Substance of concern.--The term `substance of concern' means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President. ``(b) Program.-- ``(1) In general.--If the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a major disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that-- ``(A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; ``(B) the individuals are monitored and studied over time, including through baseline and follow-up clinical health examinations, for-- ``(i) any short- and long-term health impacts of any substance of concern; and ``(ii) any mental health impacts; ``(C) the individuals receive health care referrals as needed and appropriate; and ``(D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. ``(2) Activities.--A program under paragraph (1) may include such activities as-- ``(A) collecting and analyzing environmental exposure data; ``(B) developing and disseminating information and educational materials; ``(C) performing baseline and follow-up clinical health and mental health examinations and taking biological samples; ``(D) establishing and maintaining an exposure registry; ``(E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and ``(F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. ``(3) Timing.--To the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. ``(4) Participation in registries and studies.-- ``(A) In general.--Participation in any registry or study that is part of a program under paragraph (1) shall be voluntary. ``(B) Protection of privacy.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). ``(5) Cooperative agreements.-- ``(A) In general.--The President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. ``(B) Selection criteria.--To the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that-- ``(i) is located near-- ``(I) the disaster area with respect to which the program is carried out; and ``(II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and ``(ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in-- ``(I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; ``(II) conducting long-term health monitoring and epidemiological studies; ``(III) conducting long-term mental health studies; and ``(IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. ``(6) Involvement.-- ``(A) In general.--In establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of-- ``(i) Federal, State, and local government agencies; ``(ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; ``(iii) local residents, businesses, and schools (including parents and teachers); ``(iv) health care providers; and ``(v) other organizations and persons. ``(B) Committees.--Involvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. ``(7) Privacy.--The President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 11320d-2 note; Public Law 104-191). ``(c) Reports.--Not later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program.''. SEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON HURRICANE KATRINA AND RITA DISASTER AREA HEALTH AND ENVIRONMENTAL PROTECTION AND MONITORING. (a) In General.--The Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on disaster area health and environmental protection and monitoring. (b) Expertise.--The report under subsection (a) shall be prepared with the participation of individuals who have expertise in-- (1) environmental health, safety, and medicine; (2) occupational health, safety, and medicine; (3) clinical medicine, including pediatrics; (4) toxicology; (5) epidemiology; (6) mental health; (7) medical monitoring and surveillance; (8) environmental monitoring and surveillance; (9) environmental and industrial hygiene; (10) emergency planning and preparedness; (11) public outreach and education; (12) State and local health departments; (13) State and local environmental protection departments; (14) functions of workers that respond to disasters, including first responders; (15) public health and family services; (16) environmental justice; and (17) health and health care disparities. (c) Contents.--The report under subsection (a) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a disaster, including advice and recommendations regarding-- (1) the establishment of protocols for the monitoring of and response to chemical or substance releases in a disaster area for the purpose of protecting public health and safety, including-- (A) chemicals or other substances for which samples should be collected in the event of a disaster, including a terrorist attack; (B) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations; (C) chemical- or substance-specific methods of sample analysis; (D) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances; (E) procedures for providing monitoring results to-- (i) appropriate Federal, State, and local government agencies; (ii) appropriate response personnel; and (iii) the public;. (F) responsibilities of Federal, State and local agencies for-- (i) collecting and analyzing samples; (ii) reporting results; and (iii) taking appropriate response actions; and (G) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack; and (2) other issues as specified by the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 4. PREDISASTER HAZARD MITIGATION. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking ``December 31, 2008'' and inserting ``September 30, 2010''. SEC. 5. PREVENTIVE HEALTH SERVICES BLOCK GRANTS; USE OF ALLOTMENTS. Section 1904(a)(1) of the Public Health Service Act (42 U.S.C. 300w-3(a)(1)) is amended-- (1) in subparagraph (G)-- (A) by striking ``through (F)'' and inserting ``through (G)''; and (B) by redesignating such subparagraph as subparagraph (H); and (2) by inserting after subparagraph (F), the following: ``(G) Community outreach and education programs and other activities designed to address and prevent health and health care disparities.''.", "summary": "Strengthening Public Health Protections in Major Disasters and Emergencies Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, if one or more chemicals or substances associated with potential acute or chronic human health effects are being or have been released in a major disaster area, to carry out a program for the protection, assessment, monitoring, and study of the health and safety of workers or volunteers who responded to Hurricane Katrina or Hurricane Rita or who respond to a major disaster or emergency, residents in a disaster area, or persons who are employed in, or who attend school, child care, or adult day care in, a disaster area. Authorizes the President to carry out such a program through a cooperative agreement with a medical institution or consortium of medical institutions, especially those located near the disaster area and any other area in which there reside groups of individuals that worked or volunteered in response to the disaster. Requires such institution to have appropriate experience in the areas of environmental or occupational health, toxicology, and safety. Directs the Secretary of Homeland Security, the Secretary of Health and Human Services (HHS), and the Administrator of the Environmental Protection Agency (EPA) to enter jointly into a contract with the National Academy of Sciences (NAS) to study and report on disaster area health and environmental protection and monitoring. Amends: (1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend to September 30, 2010, the authority for the predisaster hazard mitigation program; and (2) the Public Health Service Act to authorize the use of preventive health services block grants for community outreach and education programs and other activities designed to address and prevent health and health care disparities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Paleontological Resources Preservation Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Casual collecting.--The term ``casual collecting'' means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non- commercial personal use, either by surface collection or the use of non-powered hand tools resulting in only negligible disturbance to the Earth's surface and other resources. As used in this paragraph, the terms ``reasonable amount'', ``common invertebrate and plant paleontological resources'' and ``negligible disturbance'' shall be determined by the Secretary. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior with respect to lands controlled or administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System Lands controlled or administered by the Secretary of Agriculture. (3) Federal lands.--The term ``Federal lands'' means-- (A) lands controlled or administered by the Secretary of the Interior, except Indian lands; or (B) National Forest System lands controlled or administered by the Secretary of Agriculture. (4) Indian lands.--The term ``Indian Land'' means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States. (5) State.--The term ``State'' means the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (6) Paleontological resource.--The term ``paleontological resource'' means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include-- (A) any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or (B) any cultural item (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)). SEC. 3. MANAGEMENT. (a) In General.--The Secretary shall manage and protect paleontological resources on Federal lands using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public. (b) Coordination.--To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this Act. SEC. 4. PUBLIC AWARENESS AND EDUCATION PROGRAM. The Secretary shall establish a program to increase public awareness about the significance of paleontological resources. SEC. 5. COLLECTION OF PALEONTOLOGICAL RESOURCES. (a) Permit Requirement.-- (1) In general.--Except as provided in this Act, a paleontological resource may not be collected from Federal lands without a permit issued under this Act by the Secretary. (2) Casual collecting exception.--The Secretary may allow casual collecting without a permit on Federal lands controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal lands and this Act. (3) Previous permit exception.--Nothing in this section shall affect a valid permit issued prior to the date of enactment of this Act. (b) Criteria for Issuance of a Permit.--The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that-- (1) the applicant is qualified to carry out the permitted activity; (2) the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education; (3) the permitted activity is consistent with any management plan applicable to the Federal lands concerned; and (4) the proposed methods of collecting will not threaten significant natural or cultural resources. (c) Permit Specifications.--A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this Act. Every permit shall include requirements that-- (1) the paleontological resource that is collected from Federal lands under the permit will remain the property of the United States; (2) the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and (3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary. (d) Modification, Suspension, and Revocation of Permits.-- (1) The Secretary may modify, suspend, or revoke a permit issued under this section-- (A) for resource, safety, or other management considerations; or (B) when there is a violation of term or condition of a permit issued pursuant to this section. (2) The permit shall be revoked if any person working under the authority of the permit is convicted under section 9 or is assessed a civil penalty under section 10. (e) Area Closures.--In order to protect paleontological or other resources and to provide for public safety, the Secretary may restrict access to or close areas under the Secretary's jurisdiction to the collection of paleontological resources. SEC. 6. CURATION OF RESOURCES. Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non- Federal repositories regarding the curation of these resources, data, and records. SEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES. (a) In General.--A person may not-- (1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal lands unless such activity is conducted in accordance with this Act; (2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated or removed from Federal lands in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this Act; or (3) sell or purchase or offer to sell or purchase any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal lands. (b) False Labeling Offenses.--A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal lands. (c) Penalties.--A person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both; but if the sum of the commercial and paleontological value of the paleontological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, or imprisoned not more than one year, or both. (d) General Exception.--Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to the date of the enactment of this Act. SEC. 8. CIVIL PENALTIES. (a) In General.-- (1) Hearing.--A person who violates any prohibition contained in an applicable regulation or permit issued under this Act may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section. (2) Amount of penalty.--The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this Act, taking into account the following factors: (A) The scientific or fair market value, whichever is greater, of the paleontological resource involved, as determined by the Secretary. (B) The cost of response, restoration, and repair of the resource and the paleontological site involved. (C) Any other factors considered relevant by the Secretary assessing the penalty. (3) Multiple offenses.--In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled. (4) Limitation.--The amount of any penalty assessed under this subsection for any one violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered. (b) Petition for Judicial Review; Collection of Unpaid Assessments.-- (1) Judicial review.--Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 30-day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record considered as a whole. (2) Failure to pay.--If any person fails to pay a penalty under this section within 30 days-- (A) after the order making assessment has become final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or (B) after a court in an action brought in paragraph (1) has entered a final judgment upholding the assessment of the penalty, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person if found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings. (c) Hearings.--Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code. (d) Use of Recovered Amounts.--Penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows: (1) To protect, restore, or repair the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites. Any acquisition shall be subject to any limitations contained in the organic legislation for such Federal lands. (2) To provide educational materials to the public about paleontological resources and sites. (3) To provide for the payment of rewards as provided in section 11. SEC. 9. REWARDS AND FORFEITURE. (a) Rewards.--The Secretary may pay from penalties collected under section 9 or 10-- (1) consistent with amounts established in regulations by the Secretary; or (2) if no such regulation exists, an amount equal to the lesser of one-half of the penalty or $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection. (b) Forfeiture.--All paleontological resources with respect to which a violation under section 9 or 10 occurred and which are in the possession of any person, and all vehicles and equipment of any person that were used in connection with the violation, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture. All provisions of law relating to the seizure, forfeiture, and condemnation of property for a violation of this Act, the disposition of such property or the proceeds from the sale thereof, and remission or mitigation of such forfeiture, as well as the procedural provisions of chapter 46 of title 18, United States Code, shall apply to the seizures and forfeitures incurred or alleged to have incurred under the provisions of this Act. (c) Transfer of Seized Resources.--The Secretary may transfer administration of seized paleontological resources to Federal or non- Federal educational institutions to be used for scientific or educational purposes. SEC. 10. CONFIDENTIALITY. Information concerning the nature and specific location of a paleontological resource the collection of which requires a permit under this Act or under any other provision of Federal law shall be exempt from disclosure under section 552 of title 5, United States Code, and any other law unless the Secretary determines that disclosure would-- (1) further the purposes of this Act; (2) not create risk of harm to or theft or destruction of the resource or the site containing the resource; and (3) be in accordance with other applicable laws. SEC. 11. REGULATIONS. As soon as practical after the date of the enactment of this Act, the Secretary shall issue such regulations as are appropriate to carry out this Act, providing opportunities for public notice and comment. SEC. 12. SAVINGS PROVISIONS. Nothing in this Act shall be construed to-- (1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act (43 U.S.C. 1701-1784), the Mining in the Parks Act, the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551); (2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal lands; (3) apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this Act; (4) affect any lands other than Federal lands or affect the lawful recovery, collection, or sale of paleontological resources from lands other than Federal lands; (5) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this Act; or (6) create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Passed the Senate July 17, 2003. Attest: EMILY J. REYNOLDS, Secretary.", "summary": "Paleontological Resources Preservation Act - (Sec. 3) Directs the Secretaries of the Interior and Agriculture (the Secretaries) to: (1) manage and protect paleontological resources on Federal land using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources. (Sec. 4) Directs the Secretaries to establish a program to increase public awareness about the significance of paleontological resources. (Sec. 5) Prohibits a person from collecting a paleontological resource from Federal land without a permit issued under this Act by one of the Secretaries. Authorizes the Secretaries to allow casual collecting of common invertebrate and plant paleontological resources for scientific, educational, and recreational uses, without a permit, on certain Federal lands where not inconsistent with laws governing management of such lands and this Act. Recognizes as valid permits issued before enactment of this Act. Sets forth criteria by which the Secretaries may issue permits for paleontological resources. Requires that any paleontological resource and associated records collected under a permit be deposited in an approved repository. Allows the Secretaries to modify, suspend, or revoke a permit under specified circumstances, including if there is a violation of a term or a condition of a permit. Declares that a permit shall be revoked if any person working under the authority of the permit is convicted of a criminal offense under this Act or assessed a civil penalty under this Act. (Sec. 6) States that the Secretaries may enter into agreements with non-Federal repositories regarding the curation of paleontological resources, data, and records. (Sec. 7) Prohibits: (1) excavating, removing, or altering a paleontological resource located on Federal lands, except in compliance with this Act; (2) exchanging or receiving such a resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; (3) selling or purchasing a paleontological resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; or (4) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from Federal lands. Imposes criminal penalties for violating this Act. (Sec. 8) Sets forth requirements for the assessment of civil penalties by the Secretaries for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources and to protect, monitor, and study the resources and sites; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward. (Sec. 9) Allows the Secretaries to pay from penalties collected under this Act a reward to any person who furnishes information leading to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. Provides for the civil or, as appropriate, the criminal forfeiture of all paleontological resources with respect to which a civil or criminal violation occurred, and of all vehicles and equipment that were used in connection with the violation. Allows the Secretary to transfer administration of seized paleontological resources to educational institutions for scientific or educational purposes. (Sec. 10) Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other Federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions. (Sec. 11) Directs the Secretaries to issue such regulations as are appropriate to carry out this Act, while providing opportunities for public notice and comment. (Sec. 12) Declares that nothing in this Act shall be construed to do certain things, including to: (1) modify any activity under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws; (2) modify any activity under existing laws and authorities relating to reclamation and multiple uses of Federal lands; or (3) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this Act. (Sec. 13) Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Health Care Fraud and Abuse Advisory Opinion Act of 1994''. (b) References in Act.--Except as otherwise specifically provided, whenever an amendment herein is expressed in terms of an amendment to, or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 2. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ISSUE ADVISORY OPINIONS UNDER TITLE XI. (a) Authorization.--Title XI, section 1128 (42 U.S.C. 1320a-7) is amended by the addition of the following new paragraph: ``(j) The Secretary shall issue advisory opinions as provided in this section. ``(1) Matters subject to advisory opinions.--The Secretary shall issue advisory opinions as to the following matters: ``(i) What constitutes prohibited remuneration within the meaning of section 1320a-7b(b) of title 42, United States Code. ``(ii) Whether an arrangement or proposed arrangement satisfies the criteria set forth in section 1320a-7b(b)(3) of title 42, United States Code as amended for activities which do not result in prohibited remuneration. ``(iii) Whether an arrangement or proposed arrangement satisfies the criteria which the Secretary has established, or shall establish by regulation for activities which do not result in prohibited remuneration. ``(iv) What constitutes an inducement to reduce or limit services to individuals entitled to benefits under part A or part B of title XVIII or title XIX within the meaning of section 1320a-7a(b) of title 42, United States Code. ``(v) Whether an arrangement, activity or proposed arrangement or proposed activity violates any other provision of the Act. ``(2) Matters not subject to advisory opinions.--Such advisory opinions shall not address the following matters: ``(i) Whether the fair market value shall be, or was paid or received for any goods, services or property. ``(ii) Whether an individual is a bona fide employee within the requirements of section 3121(d)(2) of title 26, United States Code. ``(3) Effect of advisory opinions.-- ``(i) Each advisory opinion issued by the Secretary shall be binding as to the Secretary and the party or parties requesting the opinion. ``(ii) The failure of a party to seek an advisory opinion may not be introduced into evidence to prove that the party intended to violate the provisions of sections 1320a-7, 1320a-7(a), or 1320a-7(b) of title 42, United States Code. ``(4) Regulations.--The Secretary within one hundred and eighty days of the date of enactment, shall issue regulations establishing a system for the issuance of advisory opinions. Such regulations shall provide for-- ``(i) the procedure to be followed by a party applying for an advisory opinion; ``(ii) the procedure to be followed by the Secretary in responding to a request for an advisory opinion; ``(iii) the interval in which the Secretary shall respond; ``(iv) the reasonable fee to be charged to the party requesting an advisory opinion; and ``(v) the manner in which advisory opinions will be made available to the public. ``(5) Interval for issuance of advisory opinions.--Under no circumstances shall the interval in which the Secretary shall respond to a party requesting an advisory opinion exceed 30 days.''. SEC. 3. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ISSUE ADVISORY OPINIONS UNDER TITLE XVIII. (a) Authorization.--Title XVIII, section 1877 (42 U.S.C. 1395nn) is amended by the addition of the following new paragraph: ``(i)(1) Advisory Opinions.--The Secretary shall issue advisory opinions on whether an arrangement or proposed arrangement will result in a prohibited referral within the meaning of section 1395nn of title 42, United States Code, as amended. ``(2) Effect of Advisory Opinions.-- ``(i) Each advisory opinion issued by the Secretary shall be binding as to the Secretary and the party or parties requesting the opinion. ``(ii) The failure of a party to seek an advisory opinion may not be introduced into evidence to prove that the party intended to violate the provisions of section 1395nn of title 42, United States Code. ``(3) Regulations.--The Secretary within one hundred and eighty days of the date of enactment, shall issue regulations establishing a system for the issuance of advisory opinions. Such regulations shall provide for-- ``(i) the procedure to be followed by a party applying for an advisory opinion; ``(ii) the procedure to be followed by the Secretary in responding to a request for an advisory opinion; ``(iii) the interval in which the Secretary shall respond; ``(iv) the reasonable fee to be charged to the party requesting an advisory opinion; and ``(v) the manner in which advisory opinions will be made available to the public. ``(4) Interval for Issuance of Advisory Opinions.--Under no circumstances shall the interval in which the Secretary shall respond to a party requesting an advisory opinion exceed thirty days.''. SEC. 4. EFFECTIVE DATE. Unless otherwise specified herein, the Health Care Fraud and Abuse Advisory Opinion Act of 1994 shall be effective upon enactment.", "summary": "Health Care Fraud and Abuse Advisory Opinion Act of 1994 - Amends title XI of the Social Security Act (SSA) to give the Secretary of Health and Human Services the authority to issue binding advisory opinions addressing certain matters, such as what constitutes prohibited remuneration or an inducement to reduce or limit Medicare or Medicaid services, and whether an arrangement or activity, actual or proposed, violates any other SSA provisions. Amends SSA title XVIII (Medicare) to give the Secretary the authority to issue binding advisory opinions on whether an arrangement or proposed arrangement will result in a prohibited physician referral. Requires the Secretary to issue regulations establishing systems for the issuance of the advisory opinions above."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Minimum Tax Repeal Act of 2001''. SEC. 2. PHASEOUT OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS. (a) Repeal in 2011.--Subsection (a) of section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: ``For purposes of this title, the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2010, shall be zero.''. (b) Reduction of Tax on Individuals Prior to Repeal.-- (1) Immediate increase in exemption amounts.--Paragraph (1) of section 55(d) of such Code is amended-- (A) by striking ``$45,000'' and inserting ``$52,000'', (B) by striking ``$33,750'' and inserting ``$38,000'', and (C) by striking ``$22,500'' and inserting ``\\1/2\\ the amount applicable under subparagraph (A)''. (2) Additional increases in exemption amounts; repeal of phase-out of exemption amounts.--Paragraph (3) of section 55(d) of such Code is amended to read as follows: ``(3) Increases in exemption amounts for taxpayers other than corporations.-- ``(A) In general.--The exemption amounts under paragraph (1) for taxable years beginning in any calendar year after 2001 shall be determined by increasing the dollar amounts contained in subparagraphs (A) and (B) of paragraph (1) by the applicable percentage for such calendar year of such dollar amounts. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For calendar year-- The applicable percentage is-- 2002................................... 10 2003................................... 20 2004................................... 30 2005................................... 40 2006................................... 50 2007................................... 60 2008................................... 70 2009................................... 80 2010................................... 90. ``(C) Rounding.--If any amount, as increased under subparagraph (A) is not a multiple of $5, such amount shall be increased to the nearest multiple of $5.'' (c) Nonrefundable Personal Credits Fully Allowed Against Regular Tax Liability.-- (1) In general.--Subsection (a) of section 26 of such Code (relating to limitation based on amount of tax) is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed by section 55(a) for the taxable year.'' (2) Repeal of reduction of refundable tax credits.-- (A) Subsection (d) of section 24 of such Code is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (B) Section 32 of such Code is amended by striking subsection (h). (3) Conforming amendment.--Section 904 of such Code is amended by striking subsection (h). (d) Limitation on Use of Credit for Prior Year Minimum Tax Liability.--Subsection (c) of section 53 of such Code is amended to read as follows: ``(c) Limitation.-- ``(1) In general.--Except as otherwise provided in this subsection, the credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax liability of the taxpayer for such taxable year reduced by the sum of the credits allowable under subparts A, B, D, E, and F of this part, over ``(B) the tentative minimum tax for the taxable year. ``(2) Taxable years beginning after 2010.--In the case of any taxable year beginning after 2010, the credit allowable under subsection (a) to a taxpayer other than a corporation for any taxable year shall not exceed 90 percent of the excess (if any) of-- ``(A) regular tax liability of the taxpayer for such taxable year, over ``(B) the sum of the credits allowable under subparts A, B, D, E, and F of this part.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.", "summary": "Alternative Minimum Tax Repeal Act of 2001 - Amends the alternative minimum tax provisions of the Internal Revenue Code to: (1) state that the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2010, shall be zero; and (2) provide for reductions in such tax until such time."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Ecology Protection Act of 2000''. SEC. 2. BALLAST WATER TREATMENT REGULATIONS REQUIRED. (a) In General.--Section 1101(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (33 U.S.C. 4711(b)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--The Secretary of Transportation shall issue regulations to prevent the introduction and spread of aquatic nuisance species within the Great Lakes. ``(2) Contents of the regulations.--The regulations required by paragraph (1) shall-- ``(A) ensure to the maximum extent practicable that ballast water containing aquatic nuisance species is not discharged into the Great Lakes; ``(B) protect the safety of each vessel, its crew, and passengers, if any; ``(C) apply to all vessels capable of discharging ballast water, whether equipped with ballast water tank systems of otherwise, that enter the Great Lakes after operating on waters beyond the exclusive economic zone; ``(D) require such vessels to-- ``(i) carry out any discharge or exchange of ballast water before entering the Great Lakes; or ``(ii) carry out any discharge or exchange of ballast water within the Great Lakes only in compliance with the regulations; ``(E) take into consideration different vessel operating conditions; ``(F) require the use of environmentally sound treatment methods for ballast water and ballast sediments, such as sterilization, in preventing and controlling infestations of aquatic nuisance species; ``(G) provide for certification by the master of each vessel entering the Great Lakes that such vessel is in compliance with the regulations; ``(H) assure compliance through-- ``(i) sampling procedures; ``(ii) inspection of records; and ``(iii) imposition of sanctions in accordance with subsection (g)(1); ``(I) be based on the best scientific information available; ``(J) not supersede or adversely affect any requirement or prohibition pertaining to the discharge of ballast water into the waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ``(K) include such other matters as the Secretary considers appropriate.''. (b) Sterilization Defined.--Section 1003 of such Act (33 U.S.C. 4702) is amended by-- (1) redesignating paragraphs (13), (14), (15), (16), and (17) in order as paragraphs (14), (15), (16), (17), and (18); and (2) inserting after paragraph (12) the following: ``(13) `sterilization' means the treatment of sediments in ballast water tanks to remove or destroy all living biological organisms through-- ``(A) filtration; ``(B) the application of biocides or ultraviolet light; or ``(C) thermal methods; ``(D) other treatment techniques approved by the Secretary;''. (c) Maximizing Public Participation in the Formulation of Required Regulations.--The Secretary of Transportation shall maximize public participation in the issuance of regulations required by the amendment made by subsection (a), by-- (1) publishing an advance notice of proposed rulemaking; (2) publishing the advance notice of proposed rulemaking and the proposed rule through means designed to reach persons likely to be subject to or affected by the regulations, including electronic means; (3) making the text of the advance notice of proposed rulemaking and of the proposed rule available through electronic means; (4) providing not less than 120 days for public comment on the proposed rule; (5) providing for an effective date that is not less than 30 days after the date of publication of the final rule; and (6) such other means as the Secretary considers appropriate. (d) Required Regulatory Schedule.-- (1) Issuance of advance notice of proposed rulemaking.--The Secretary shall issue an advance notice of proposed rulemaking for the regulations required by the amendment made by subsection (a) within 30 days after the date of enactment of this Act. (2) Issuance of final regulations.--The Secretary shall issue final regulations required by the amendment made by subsection (a) within 180 days after the date of enactment of this Act.", "summary": "Sets forth provisions requiring maximum public participation in, and advance notice of, proposed rulemaking with respect to such regulations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Minerals and Materials Promotion Act of 2011''. SEC. 2. DEFINITION OF CRITICAL MINERALS AND MATERIALS. In this Act: (1) In general.--The term ``critical minerals and materials'' means naturally occurring, nonliving, nonfuel substances with a definite chemical composition-- (A) that perform an essential function for which no satisfactory substitutes exist; and (B) the supply of which has a high probability of becoming restricted, leading to physical unavailability or excessive costs for the applicable minerals and materials in key applications. (2) Exclusions.--The term ``critical minerals and materials'' does not include ice, water, or snow. SEC. 3. PROGRAM TO DETERMINE PRESENCE OF AND FUTURE NEEDS FOR CRITICAL MINERALS AND MATERIALS. (a) In General.--The Secretary of the Interior, acting through the United States Geological Survey, shall establish a research and development program-- (1) to provide data and scientific analyses for research on, and assessments of the potential for, undiscovered and discovered resources of critical minerals and materials in the United States and other countries; and (2) to analyze and assess current and future critical minerals and materials supply chains-- (A) with advice from the Energy Information Administration on future energy technology market penetration; and (B) using the Mineral Commodity Summaries produced by the United States Geological Survey. (b) Global Supply Chain.--The Secretary shall, if appropriate, cooperate with international partners to ensure that the program established under subsection (a) provides analyses of the global supply chain of critical minerals and materials. SEC. 4. PROGRAM TO STRENGTHEN THE DOMESTIC CRITICAL MINERALS AND MATERIALS SUPPLY CHAIN FOR CLEAN ENERGY TECHNOLOGIES. The Secretary of Energy shall conduct a program of research, development, and demonstration to strengthen the domestic critical minerals and materials supply chain for clean energy technologies and to ensure the long-term, secure, and sustainable supply of critical minerals and materials sufficient to strengthen the national security of the United States and meet the clean energy production needs of the United States, including-- (1) critical minerals and materials production, processing, and refining; (2) minimization of critical minerals and materials in energy technologies; (3) recycling of critical minerals and materials; and (4) substitutes for critical minerals and materials in energy technologies. SEC. 5. STRENGTHENING EDUCATION AND TRAINING IN MINERAL AND MATERIAL SCIENCE AND ENGINEERING FOR CRITICAL MINERALS AND MATERIALS PRODUCTION. (a) In General.--The Secretary of Energy shall promote the development of the critical minerals and materials industry workforce in the United States. (b) Support.--In carrying out subsection (a), the Secretary shall support-- (1) critical minerals and materials education by providing undergraduate and graduate scholarships and fellowships at institutions of higher education, including technical and community colleges; (2) partnerships between industry and institutions of higher education, including technical and community colleges, to provide onsite job training; and (3) development of courses and curricula on critical minerals and materials. SEC. 6. SUPPLY OF CRITICAL MINERALS AND MATERIALS. (a) Policy.--It is the policy of the United States to promote an adequate and stable supply of critical minerals and materials necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs. (b) Implementation.--To implement the policy described in subsection (a), the President, acting through the Executive Office of the President, shall-- (1) coordinate the actions of applicable Federal agencies; (2) identify critical minerals and materials needs and establish early warning systems for critical minerals and materials supply problems; (3) establish a mechanism for the coordination and evaluation of Federal critical minerals and materials programs, including programs involving research and development, in a manner that complements related efforts carried out by the private sector and other domestic and international agencies and organizations; (4) promote and encourage private enterprise in the development of economically sound and stable domestic critical minerals and materials supply chains; (5) promote and encourage the recycling of critical minerals and materials, taking into account the logistics, economic viability, environmental sustainability, and research and development needs for completing the recycling process; (6) assess the need for and make recommendations concerning the availability and adequacy of the supply of technically trained personnel necessary for critical minerals and materials research, development, extraction, and industrial practice, with a particular focus on the problem of attracting and maintaining high-quality professionals for maintaining an adequate supply of critical minerals and materials; and (7) report to Congress on activities and findings under this subsection. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as are necessary.", "summary": "Critical Minerals and Materials Promotion Act of 2011 - Directs the Secretary of the Interior, acting through the United States Geological Survey (USGS), to establish a research and development program to: (1) provide data and scientific analyses for research on, and assessments of the potential for, undiscovered and discovered resources of critical minerals and materials in the United States and other countries; (2) analyze and assess current and future critical minerals and materials supply chains; and (3) cooperate with international partners to ensure that the research and assessment programs provide analyses of the global supply chain of critical minerals and materials. Directs the Secretary of Energy (DOE) to conduct a research, development, and demonstration program to strengthen the domestic critical minerals and materials supply chain for clean energy technologies, and to ensure the long-term, secure, and sustainable supply of critical minerals and materials sufficient to strengthen the national security and meet the clean energy production needs of the United States. Directs the Secretary of Energy to promote the development of the critical minerals and materials industry workforce in the United States by supporting: (1) critical minerals and materials education by providing undergraduate and graduate scholarships and fellowships at institutions of higher education, including technical and community colleges; (2) partnerships between industry and institutions of higher education, including technical and community colleges, to provide onsite job training; and (3) development of courses and curricula on critical minerals and materials. Expresses the policy of the United States to promote an adequate and stable supply of critical minerals and materials necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs. Directs the President take specified steps to implement such policy."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Sexual Assault Crimes Revision Act of 2004''. SEC. 2. MILITARY SEXUAL ABUSE. (a) Sexual Abuse.--Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: ``Sec. 920. Art. 120. Sexual abuse ``(a) Any person subject to this chapter who knowingly-- ``(1) causes another person to engage in a sexual act by using force against that other person; ``(2) causes another person to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; ``(3) renders another person unconscious and thereby engages in a sexual act with that other person; or ``(4) administers to another person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance and thereby-- ``(A) substantially impairs the ability of that other person to appraise or control conduct; and ``(B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court- martial may direct. ``(b) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual abuse of a child and shall be punished as a court-martial may direct. In a prosecution under this subsection, it need not be proven that the accused knew that the other person engaging in the sexual act had not attained the age of twelve years. ``(c) Any person subject to this chapter who knowingly-- ``(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or ``(2) engages in a sexual act with another person if that other person is-- ``(A) incapable of appraising the nature of the conduct; or ``(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual abuse and shall be punished as a court-martial may direct. ``(d)(1) Any person subject to this chapter who knowingly engages in a sexual act with another person who-- ``(A) has attained the age of twelve years but has not attained the age of sixteen years; and ``(B) is not that person's spouse; is guilty of sexual abuse of a minor and shall be punished as a court- martial may direct. ``(2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act. ``(3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. ``(e) Any person subject to this chapter who knowingly engages in a sexual act with another person who is-- ``(1) in official detention or confinement; ``(2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and ``(3) is not that person's spouse; is guilty of sexual abuse of a prisoner and shall be punished as a court-martial may direct. ``(f) In this section, the term `sexual act' means-- ``(1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; ``(2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; ``(3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or ``(4) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of sixteen years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.''. (b) Conforming Amendments.--(1) Paragraph (4) of section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended by striking ``rape,'' and inserting ``aggravated sexual abuse, aggravated sexual abuse of a child,''. (2) Subsection (b)(2)(B)(i) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended by striking ``Rape or carnal knowledge'' and inserting ``Aggravated sexual abuse of a child or sexual abuse of a minor''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 920 and inserting the following new item: ``920. Art. 120. Sexual abuse.''. (d) Effective Date.--The amendments made by this section shall take effect 6 months after the date of the enactment of this Act and apply with respect to offenses committed after such effective date. (e) Interim Maximum Punishments.--Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 120 of the Uniform Code of Military Justice), as amended by this section, may not exceed the following limits: (1) For aggravated sexual abuse or aggravated sexual abuse of a child, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole. (2) For sexual abuse or sexual abuse of a minor, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for twenty years. (3) For sexual abuse of a prisoner, such punishment may not exceed bad-conduct discharge, forfeiture of all pay and allowances, and confinement for one year. (f) No Preemption.--The prosecution or punishment of an accused for an offense under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), as amended by this section, does not preclude the prosecution or punishment of that accused for any other offense.", "summary": "Military Sexual Assault Crimes Revision Act of 2004 - Amends the Uniform Code of Military Justice to define as the crime of aggravated sexual abuse engaging in a sexual act: (1) through the use of force; (2) by threatening or placing a person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (3) by rendering another person unconscious; (4) by administering to another person an impairing drug or intoxicant; or (5) with a person under 12 years of age whether or not the accused knew the person's age. Defines as the crime of sexual abuse engaging in a sexual act: (1) by threatening or placing a person in fear (other than in a manner that would constitute aggravated sexual abuse); (2) with a person who is incapable of either appraising the nature of the conduct or physically incapable of declining; or (3) with a person who is at least 12 but under 16 who is not the spouse of the accused whether or not the accused knew the person's age. Establishes as an affirmative defense the accused's reasonable belief that the person was at least 16. Defines sexual abuse of a prisoner as knowingly engaging in a sexual act with a person who is: (1) in official detention or confinement; (2) under the custodial, supervisory, or disciplinary authority of the accused; and (3) is not the accused's spouse. Makes the above crimes punishable by court-martial and sets forth interim maximum punishments for each."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethanol Stimulus Act of 2006''. SEC. 2. ETHANOL PRODUCTION TAX INCENTIVES IN HIGH-CONSUMPTION, LOW- PRODUCTION STATES. (a) In General.--Section 40(b)(4) of the Internal Revenue Code of 1986 (relating to small ethanol producer credit) is amended by adding at the end the following new subparagraph: ``(E) Credit for ethanol production in two-two states.-- ``(i) In general.--In the case of qualified ethanol production by any eligible small ethanol producer in all eligible ethanol production facilities of such producer-- ``(I) subparagraph (A) shall be applied by substituting `20 cents' for `10 cents', and ``(II) subparagraph (C) shall be applied by substituting `50,000,000 gallons' for `15,000,000 gallons'. ``(ii) 5-year per facility limitation on credit amount.--With respect to each eligible ethanol production facility, the credit determined under this section by reason of this subparagraph shall apply to production from such facility for the period-- ``(I) beginning with the taxable year during which production from such facility begins, and ``(II) ending on the last day of the fourth taxable year following the taxable year described in subclause (I). ``(iii) Eligible ethanol production facility.--For purposes of this subparagraph, the term `eligible ethanol production facility' means any ethanol production facility the original use of which commences with the taxpayer and-- ``(I) which is acquired by purchase (as defined in section 179(d)(2)) by the taxpayer after August 8, 2005, and before August 9, 2010, but only if no written binding contract for the acquisition was in effect before August 9, 2005, ``(II) which is acquired by the taxpayer pursuant to a written binding contract which was entered into after August 8, 2005, and before August 9, 2010, or ``(III) in the case of a taxpayer constructing property for the taxpayer's own use, the construction of which begins after August 8, 2005, and before August 9, 2010, in a State which is a two-two State on the date of such purchase under subclause (I), of such written binding contract under subclause (II), or the beginning of such construction under subclause (III). ``(iv) Two-two state.--For purposes of this subparagraph, the term `two-two State' means for any period any State (as determined by the Energy Information Administration) within which-- ``(I) is consumed more than 2 percent of the aggregate amount of gasoline consumed in all States during such period, and ``(II) is produced less than 2 percent of the aggregate amount of ethanol produced in all States during such period.''. (b) Eligible Small Ethanol Producer.--Section 40(g)(1) of the Internal Revenue Code of 1986 (defining eligible small ethanol producer) is amended by inserting ``(150,000,000 gallons in the case of such productive capacity in all two-two States (as defined in subsection (b)(4)(E)(iv))'' after ``60,000,000 gallons''. (c) Conforming Amendment.--Section 40(g)(2) of the Internal Revenue Code of 1986 is amended by striking ``For purposes of the 15,000,000 gallon limitation under subsection (b)(4)(C) and the 60,000,000 gallon limitation under paragraph (1)'' and inserting ``For purposes of each gallon limitation under subsection (b)(4) and paragraph (1)''. (d) Effective Date.--The amendments made by this section shall apply to ethanol produced in taxable years ending after the date of the enactment of this Act.", "summary": "Ethanol Stimulus Act of 2006 - Amends the Internal Revenue Code to provide for an increased small ethanol producer tax credit for ethanol production in states which have a gasoline consumption rate of more than 2% of aggregate nationwide consumption and which produce less than 2% of the aggregate nationwide amount of ethanol (two-two states)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Asbestos Management Incentive Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Although asbestos is hazardous, the risk of asbestos- related disease depends upon exposure to airborne asbestos fibers. (2) Data available to the Environmental Protection Agency suggest that average airborne asbestos levels in buildings are very low. Accordingly, the health risk to most building occupants also appears to be very low. (3) The Environmental Protection Agency has estimated that only 20 percent of all buildings (including public and commercial buildings, residential apartment buildings of 10 units or more, and Federal buildings) contain friable asbestos- containing material. (4) The Environmental Protection Agency has found that removal of asbestos is often not the best course of action to reduce asbestos exposure. In fact, by releasing asbestos- containing material fibers into the air, an improper or unnecessary removal can create a dangerous situation where none previously existed and could result in a net increase in human exposures and risks. (5) The Environmental Protection Agency requires asbestos removal only to prevent significant public exposure to airborne asbestos fibers during building demolition or renovation activities. (6) Many lending institutions require the removal of asbestos, regardless of its condition, from commercial buildings before approving loans secured by those buildings because of the potential liability for the health of the occupants or property damages for failure to remove the asbestos. (7) The Environmental Protection Agency recommends a pro- active, in-place management program whenever intact asbestos- containing material is discovered. (8) The American Medical Association's Council on Scientific Affairs has stated that ``it is better that society use its limited financial resources in learning how to live safely with [asbestos] than in attempting to remove it totally from the environment.'' (9) The September 1991 report of the Health Effects Institute's Asbestos Literature Review Panel stated that ``there does not appear to be sufficient risk to the health of general occupants to justify arbitrarily removing intact asbestos-containing material from well-maintained buildings''. The report also acknowledged that ``because custodial and maintenance workers may be transiently exposed to higher levels of asbestos, their added life-time risk of cancer may be appreciably higher.'' SEC. 3. EFFECT OF ASBESTOS INSPECTION ON LENDING INSTITUTIONS. (a) Liability Immunity.--A lending institution that makes a loan or other extension of credit secured by a mortgage or other lien on a commercial building shall not be liable, from the time the loan or other extension of credit is made until it is renegotiated or a superseding loan or other extension of credit is made, under any Federal, State, or local law to any person for injuries, costs, damages, expenses, loss, or other obligation (including claims for indemnification or contribution and claims by third parties for death, personal injury, illness or loss of or damage to property or economic loss) which results from the presence of asbestos-containing material in the building in any case in which-- (1) the building was constructed during the 5-year period ending on the date that the loan or other extension of credit is made, and the building's construction manager certifies that the building contains no asbestos-containing material; or (2) the building-- (A) is one for which an asbestos inspection was conducted in accordance with section 6 after January 1, 1989, and during the 5-year period ending on the date that the loan or other extension of credit is made (as demonstrated by appropriate documentation); (B) has not been significantly rebuilt or renovated in the area that contains asbestos-containing material since that inspection was completed; (C) is one in which that portion of asbestos- containing material which the management planner recommended for removal has been removed in accordance with the Occupational Safety and Health Act and the regulations promulgated pursuant to section 7(a); and (D) is one in which an operations and maintenance program is currently being conducted in accordance with section 8 and the regulations promulgated pursuant to section 7(a) for remaining asbestos-containing materials which the management planner recommended be handled in place. (b) Limitation.--The immunity from liability provided in subsection (a) shall not apply if-- (1) the lending institution requires removal of asbestos- containing material that the management planner has recommended be handled in place; or (2) the lending institution requires an asbestos inspection of the building despite the fact that-- (A) the loan applicant demonstrates, with appropriate documentation, that the conditions in subsection (a)(1) or (a)(2) have been satisfied; or (B) the loan applicant demonstrates, with appropriate documentation, that all asbestos-containing material has been removed from the building. (c) Exclusion.--The immunity from liability provided in subsection (a) shall not apply to a subsidiary of a lending institution in any case in which the lending institution makes a loan or other extension of credit secured by a mortgage or other lien on a commercial building, and the subsidiary is the person to which the loan or other extension of credit is made. For purposes of this subsection, the term ``subsidiary'' means any company that is owned or controlled, directly or indirectly, by a lending institution. (d) Effective Date.--This section shall take effect upon the promulgation of regulations by the Administrator of the Environmental Protection Agency pursuant to section 7(a). SEC. 4. LIABILITY IN THE EVENT OF FORECLOSURE. In the case of a lending institution that is immune from liability with respect to a commercial building under section 3 and acquires title to such building through foreclosure or other exercise of rights under a security interest, the immunity from liability shall continue in effect so long as the lending institution maintains the operations and maintenance program for the building in accordance with the regulations promulgated pursuant to section 7(a), the Environmental Protection Agency asbestos guidance documents, and this Act. SEC. 5. CONSTRUCTION OF ACT. The requirement by a lending institution that a loan applicant conduct an asbestos inspection in accordance with this Act of a building to be secured by a loan, and the conducting of an operations and maintenance program in the building after foreclosure or other exercise of rights under a security interest, shall not be construed as participation in the management of the building by the lending institution and shall be considered to be an activity carried out by the lending institution solely to protect the institution's security interest. SEC. 6. ASBESTOS INSPECTION REQUIREMENTS. (a) In General.--For purposes of this Act, an asbestos inspection of a commercial building, if the loan applicant chooses to obtain one, shall be conducted by a qualified management planner for the purpose of determining whether asbestos-containing material is present in the building. If an inspection reveals the presence of asbestos-containing material, the management planner shall recommend specific response actions for each individual area of the building where such material is found. The recommendations shall be made in accordance with the regulations promulgated pursuant to section 7(a) and with the Environmental Protection Agency asbestos guidance documents. (b) Management Planner Qualifications.--For purposes of this Act, a qualified management planner is a person who meets all of the following requirements: (1) The person must be accredited, pursuant to title II of the Toxic Substances Control Act, as an inspector and management planner for asbestos-containing material in a public or commercial building. (2) The person must not own or control or be under the control of (A) any entity which carries out response actions for asbestos-containing material from buildings, (B) any owner or manager of the building being inspected, or (C) any lending institution making a loan or other extension of credit secured by a mortgage or other lien on the building being inspected. For purposes of this paragraph, a person controls an entity if the person, directly or indirectly, owns any amount of the voting stock or other type of ownership interest in the entity. (c) Accreditation of Management Planners for Public and Commercial Buildings.--Section 206 of the Toxic Substances Control Act (15 U.S.C. 2646) is amended as follows: (1) Paragraph (2) of subsection (a) is amended by inserting before the comma the following: ``or for a public or commercial building''. (2) Clause (ii) of subsection (a)(1)(A) is amended by inserting before the period the following: ``or for public or commercial buildings''. SEC. 7. ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS. (a) Asbestos Inspection and Management Standards for Public and Commercial Buildings.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations governing the inspection and management of asbestos in public and commercial buildings for purposes of this Act only. The regulations shall include-- (1) detailed guidelines for management planners to determine whether asbestos-containing material should be removed or managed in place in a public or commercial building; (2) appropriate practices for conducting operations and maintenance programs in public or commercial buildings in which asbestos-containing material is managed in place; and (3) standards, applicable to persons complying with section 8(1), for periodic surveillance of asbestos-containing material that is managed in place in commercial buildings, including standards for the training of maintenance and custodial staff working in such buildings that are equivalent to the standards for the training of maintenance and custodial staff of local educational agencies under title II of the Toxic Substances Control Act. (b) Revision of Environmental Protection Agency Asbestos Guidance Documents.--The Administrator of the Environmental Protection Agency shall periodically update, revise, and republish the Environmental Protection Agency asbestos guidance documents. SEC. 8. OPERATION AND MAINTENANCE REQUIREMENTS. For purposes of section 3(a)(2)(D), the following requirements must be met after an asbestos inspection of the building concerned is conducted: (1) The owner or operator shall ensure that the remaining asbestos-containing material is visually inspected, not less frequently than every 6 months, by a member of the maintenance or custodial staff, or another person, who has undergone training in accordance with the standards contained in the regulations promulgated pursuant to section 7(a)(4). (2) All remaining accessible asbestos-containing material in public and maintenance areas of the building, including asbestos in thermal system insulation and spray-on and trowelled-on asbestos-containing material but excluding intact vinyl floor tile and ceiling tile in public areas, shall be prominently labeled. The owner or operator shall ensure that access to any remaining asbestos-containing material located in inaccessible areas, such as in spaces between floors or walls of the building, is permitted only to persons who have been notified of the presence of the asbestos-containing material. (3) After the inspection referred to in section 3(a)(2)(A), a report on the inspection shall be kept on file in the building. Such report shall include an accounting of remaining asbestos-containing material, any such material recommended for removal, and any removal that has taken place since the previous inspection. Such report shall be available in the building, in the administrative offices or other appropriate place for inspection by tenants and employees in the building, maintenance workers of the building, and building contractors. The inspection report shall be updated after each subsequent inspection pursuant to paragraph (1) and after any change in condition of asbestos-containing material being managed in place. (4) After each inspection pursuant to paragraph (1), the owner of the building shall notify maintenance workers of the building, either in writing or by posting notice, that an inspection has occurred and that an inspection report is available for inspection. SEC. 9. RELATIONSHIP TO OTHER LAW. (a) Clean Air Act.--Nothing in this Act shall be construed or interpreted to preempt, supersede, or otherwise affect any requirement to remove asbestos from a building pursuant to section 112 of the Clean Air Act (42 U.S.C. 7412), as implemented through regulations known as the national emission standards for hazardous air pollutants (40 C.F.R. 61). (b) Limited Requirements.--Nothing in this Act shall be construed or interpreted as a general requirement for inspections or operations and maintenance programs in public and commercial buildings. The requirements of sections 6, 7, and 8 are established solely to enable lending institutions to satisfy the conditions of this Act for purposes of obtaining immunity from liability under section 3. SEC. 10. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) The term ``asbestos-containing material'' has the meaning given that term by section 202(4) of the Toxic Substances Control Act (15 U.S.C. 2642(4)). (2) The term ``commercial building'' means any building that is not a publicly owned building and that is not a school building as defined in section 202(13) of the Toxic Substances Control Act, except that such term does not include any residential building of fewer than 10 units that is not part of a complex of other residential buildings under common ownership. (3) The term ``EPA asbestos guidance documents'' means-- (A) the most current version of the publication of the Environmental Protection Agency titled ``Guidance for Controlling Asbestos-Containing Materials in Buildings'' (also known as the ``Purple Book''); (B) the most current version of the publication of the Environmental Protection Agency titled ``Managing Asbestos in Place'' (also known as the ``Green Book''); and (C) any other publication of the Environmental Protection Agency, including any guidance documents published pursuant to section 7(a), published for the purpose of enabling building owners to select and apply appropriate asbestos control and abatement actions in their buildings. (4) The term ``lending institution'' means (A) a bank, savings and loan association, credit union, or similar institution insured by, or subject to the supervision, approval, or regulation of, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Office of Thrift Supervision, or the National Credit Union Administration; (B) any other person, including an insurance company, that makes direct loans or other extensions of credit secured by mortgages or other liens on commercial buildings; (C) any Federal agency to the extent the agency makes direct loans or other extensions of credit secured by mortgages or other liens on commercial buildings; and (D) the Federal Deposit Insurance Corporation, the National Credit Union Administrator Board, and the Resolution Trust Corporation, in such corporation's or Board's capability as conservator, receiver, or liquidating agency for any insured depository institution (as that term is defined in section 3 of the Federal Deposit Insurance Act). The term does not include any institution or Federal agency engaged primarily in the purchase of mortgage loans. (5) The term ``mortgage'' means a lien as is commonly given to secure advances on, or the unpaid purchase price of, a commercial building (and related real estate) under the laws of the State in which the building is located, together with the credit instrument, if any, secured thereby. The term includes second mortgages and other subsequent liens on a commercial building given to secure advances or loans. (6) The term ``response action'' has the meaning given that term by section 202(11) of the Toxic Substances Control Act (15 U.S.C. 2642(11)). HR 1000 IH----2", "summary": "Asbestos Management Incentive Act - Absolves lending institutions that make loans or credit secured by liens on commercial buildings from liability resulting from asbestos material in any case in which the building was constructed during the five-year period ending on the date that the loan was made and the building's construction manager certifies that the building contains no asbestos-containing material, or in the case of any building: (1) for which an asbestos inspection was conducted after January 1, 1989, and during such five-year period; (2) that has not been significantly rebuilt in the area that contains such material since that inspection was completed; (3) for which that portion of material recommended for removal has been removed; and (4) for which an operations and maintenance program is currently being conducted. Bars immunity from liability if the lending institution requires: (1) removal of material that the management planner has recommended be handled in place; or (2) an asbestos inspection of the building despite the fact that the loan applicant demonstrates that certain conditions have been satisfied or that all such material has been removed. Makes immunity inapplicable to a subsidiary of a lending institution if the subsidiary is the person to whom the loan is made. Continues liability for institutions that acquire title to a building through foreclosure as long as the institution maintains an operation and maintenance program. Sets forth requirements for asbestos inspections and management planner qualifications. Amends the Toxic Substances Control Act to prohibit persons from preparing asbestos management plans for public or commercial buildings unless they are accredited. Directs the Administrator of the Environmental Protection Agency to: (1) promulgate regulations governing the inspection and management of asbestos in public and commercial buildings; and (2) update and revise asbestos guidance documents periodically. Requires, after an asbestos inspection: (1) the remaining asbestos-containing material to be visually inspected every six months; (2) all remaining material in public and maintenance areas of the building to be prominently labeled; and (3) a report to be completed and made available to maintenance workers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tobacco Sales to Youth Act of 2015''. SEC. 2. FINDINGS. The Congress finds the following: (1) Tobacco products cause numerous serious diseases, including cancer, heart disease, and respiratory disease, and they contain nicotine, a highly addictive substance. (2) According to the Surgeon General of the United States, adolescents are particularly vulnerable to the adverse effects of nicotine, and adolescent exposure to nicotine may have lasting adverse consequences for brain development. (3) Youth use of electronic cigarettes and hookah (water pipe) has risen according to the National Youth Tobacco Survey released by the Centers for Disease Control and Prevention, and the Food and Drug Administration, in April 2015. (4) Current use of electronic cigarettes among high school students tripled from 4.5 percent in 2013 to 13.4 percent in 2014 (compared to 1.5 percent in 2011); approximately 2,000,000 high school students currently use these products. (5) Current use of electronic cigarettes among middle school students tripled from 1.1 percent in 2013 to 3.9 percent in 2014; approximately 450,000 middle school students currently use these products. (6) Current use of hookah among high school students increased from 4.1 percent in 2011 to 9.4 percent in 2014. (7) Current use of cigars among high school students was 8.2 percent in 2014 (1,200,000 students). Current use of cigars among high school boys was 10.8 percent, about the same rate at which they smoke cigarettes (10.6 percent). (8) The sale of electronic cigarettes, cigars, hookah, and other tobacco products over the Internet, and through mail, fax, or phone orders, makes it cheaper and easier for children to obtain these products. (9) Electronic cigarettes are being marketed in ways that appeal to youth, in the form of advertising using images that appeal to youth, advertisements on television and the Internet, and sponsorships of events popular with youth, such as concerts and sporting events. (10) According to a study published in March 2015 in the Journal of the American Medical Association Pediatrics, 93.7 percent of youth participating in a study of Internet electronic cigarette sales successfully purchased electronic cigarettes because the Web sites lacked adequate age- verification methods. SEC. 3. AMENDMENTS. Section 1 of the Act of October 19, 1949 (15 U.S.C. 375); commonly referred to as the ``Jenkins Act''), is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) in clause (i) by striking ``and'' at the end, (ii) in clause (ii) by striking the period at the end and inserting ``; and'', and (iii) by adding at the end the following: ``(iii) includes electronic cigarettes.'', and (B) in subparagraph (B)-- (i) in the heading by striking ``Exception'' and inserting ``Inclusions'', (ii) by striking ``does not include'' and inserting ``includes'', and (iii) by inserting ``and pipe tobacco (as defined in section 5702 of the Internal Revenue Code of 1986)'' before the period at the end, and (2) by inserting after paragraph (6) the following: ``(6A) Electronic cigarette.--The term `electronic cigarette' means any electronic device that delivers nicotine, flavor, or other substance via an aerosolized solution (including an electronic cigarette, cigar, pipe, or hookah) to the user inhaling from the device (including any component, liquid, part, or accessory of such a device whether or not sold separately) but excludes product that-- ``(A) is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose; and ``(B) is marketed and sold solely for a purpose approved as described in subparagraph (A).''. SEC. 4. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL MATTERS. (a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to amend, modify, or otherwise affect-- (1) any agreements, compacts, or other intergovernmental arrangements between any State or local government and any government of an Indian tribe (as that term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) relating to the collection of taxes on cigarettes or smokeless tobacco sold in Indian country; (2) any State laws that authorize or otherwise pertain to any such intergovernmental arrangements or create special rules or procedures for the collection of State, local, or tribal taxes on cigarettes or smokeless tobacco sold in Indian country; (3) any limitations under Federal or State law, including Federal common law and treaties, on State, local, and tribal tax and regulatory authority with respect to the sale, use, or distribution of cigarettes and smokeless tobacco by or to Indian tribes, tribal members, tribal enterprises, or in Indian country; (4) any Federal law, including Federal common law and treaties, regarding State jurisdiction, or lack thereof, over any tribe, tribal members, tribal enterprises, tribal reservations, or other lands held by the United States in trust for one or more Indian tribes; or (5) any State or local government authority to bring enforcement actions against persons located in Indian country. (b) Coordination of Law Enforcement.--Nothing in this Act or the amendments made by this Act shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by one or more States or other jurisdictions, including Indian tribes, through interstate compact or otherwise, that-- (1) provides for the administration of tobacco product laws or laws pertaining to interstate sales or other sales of tobacco products; (2) provides for the seizure of tobacco products or other property related to a violation of such laws; or (3) establishes cooperative programs for the administration of such laws. (c) Treatment of State and Local Governments.--Nothing in this Act or the amendments made by this Act shall be construed to authorize, deputize, or commission States or local governments as instrumentalities of the United States. (d) Enforcement Within Indian Country.--Nothing in this Act or the amendments made by this Act shall prohibit, limit, or restrict enforcement by the Attorney General of the United States of this Act or an amendment made by this Act within Indian country. (e) Ambiguity.--Any ambiguity between the language of this section or its application and any other provision of this Act shall be resolved in favor of this section. (f) Definitions.--In this section-- (1) the term ``Indian country'' has the meaning given that term in section 1 of the Act of October 19, 1949 (15 U.S.C. 375; commonly referred to as the ``Jenkins Act''), as amended by this Act; and (2) the term ``tribal enterprise'' means any business enterprise, regardless of whether incorporated or unincorporated under Federal or tribal law, of an Indian tribe or group of Indian tribes. SEC. 5. SEVERABILITY. If any provision of this Act, or any amendment made by this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of the Act to any other person or circumstance shall not be affected thereby. SEC. 6. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect 90 days after the date of the enactment of this Act.", "summary": "Stop Tobacco Sales to Youth Act of 2015 Amends the Jenkins Act to include within the definition of "cigarette" electronic cigarettes, cigars, and pipe tobacco. Defines "electronic cigarette" to mean any electronic device that delivers nicotine, flavor, or other substance via an aerosolized solution (including an electronic cigarette, cigar, pipe, or hookah) to the user inhaling from the device, excluding any product that: (1) is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose, and (2) is marketed and sold solely for such a therapeutic purpose. Makes specified exceptions with respect to Indian tribes and tribal matters."}
{"article": "SECTION 1. INFORMATION MADE AVAILABLE IN ELECTRONIC FORMAT AND INDEXATION OF RECORDS. Section 552(a)(2) of title 5, United States Code, is amended-- (1) in the second sentence, by striking out ``or staff manual or instruction'' and inserting ``staff manual, instruction, or copies of records referred to in subparagraph (D)''; (2) by inserting before the period at the end of the 3rd sentence the following: ``, and the extent of such deletion shall be indicated on the portion of the record which is made available or published''; (3) by inserting after the 3rd sentence the following: ``If technically feasible, the extent of the deletion shall be indicated at the place in the record where the deletion was made.''; (4) in subparagraph (B), by striking ``and'' after the semicolon; (5) by inserting after subparagraph (C) the following: ``(D) copies of all records, regardless of form or format, which have been released to any person under paragraph (3) and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and ``(E) a general index of the records referred to under subparagraph (D);''; (6) by inserting after the 5th sentence the following: ``Each agency shall make the index referred to in subparagraph (E) available by electronic means by December 31, 1999.''; and (7) by inserting after the 1st sentence the following: ``For records created on or after November 1, 1996, within one year after such date, each agency shall make such records available by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means.''. SEC. 2. REPORT TO THE CONGRESS. Section 552(e) of title 5, United States Code, is amended to read as follows: ``(e)(1) On or before February 1 of each year, each agency shall submit to the Attorney General a report which shall cover the preceding fiscal year and which shall include-- ``(A) the number of determinations made by the agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination; ``(B)(i) the number of appeals made by persons under subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; and ``(ii) a complete list of all statutes that the agency relies upon to authorize the agency to withhold information under subsection (b)(3), a description of whether a court has upheld the decision of the agency to withhold information under each such statute, and a concise description of the scope of any information withheld; ``(C) the number of requests for records pending before the agency as of September 30 of the preceding year, and the median number of days that such requests had been pending before the agency as of that date; ``(D) the number of requests for records received by the agency and the number of requests which the agency processed; ``(E) the median number of days taken by the agency to process different types of requests; ``(F) the total amount of fees collected by the agency for processing requests; ``(G) the average amount of time that the agency estimates as necessary, based on the past experience of the agency, to comply with different types of requests; and ``(H) the number of full-time staff of the agency devoted to processing requests for records under this section, and the total amount expended by the agency for processing such requests. ``(2) Each agency shall make each such report available to the public through a computer network, or if computer network means have not been established by the agency, by other electronic means. ``(3) The Attorney General shall make each report which has been made available by electronic means available at a single electronic access point. The Attorney General shall notify the Chairman and ranking minority member of the Committee on Government Reform and Oversight of the House of Representatives and the Chairman and ranking minority member of the Committees on Governmental Affairs and the Judiciary of the Senate, no later than April 1 of the year in which each such report is issued, that such reports are available by electronic means. ``(4) The Attorney General, in consultation with the Director of the Office of Management and Budget, shall develop reporting and performance guidelines in connection with reports required by this subsection by October 1, 1997, and may establish additional requirements for such reports as the Attorney General determines may be useful. ``(5) The Attorney General shall submit an annual report on or before April 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4). Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section.''.", "summary": "Amends the Freedom of Information Act to require each Federal agency to make available for public inspection and copying: (1) copies of all records, regardless of form or format, which have become or are likely to become the subject of subsequent requests; (2) a general index of such records, which shall be made available electronically by December 31, 1999; and (3) within one year after November 1, 1996, by computer telecommunications or other electronic means, those records created on or after November 1, 1996. Revises reporting requirements concerning such provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Derivatives Supervisory Improvement Act of 1998''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There should be consistency, coordination, and clarity in the regulation of derivative instruments used by financial institutions. (2) Banks and their affiliates developed, and remain the principal participants in, the derivatives markets. (3) Regulation of the derivatives markets directly affects the liquidity, efficiency, capital position, and safety and soundness of the banking industry and the safety and soundness of the Federal deposit insurance fund. (4) Regulation of the derivatives markets has profound consequences for the continued effectiveness of the bank supervisory process, including the capital provisions of the Federal banking agencies. (5) Statutes and regulations governing use of financial derivatives by depository institutions in the United States, including over-the-counter and exchange-traded derivatives, should be brought up to date to reflect the rapid evolution of the markets in recent years, framed so as to keep pace with changes in the markets brought on by the onrush of technological advances, and formulated in a manner that enhances the legal certainty of derivatives transactions. (6) The Congress desires interagency cooperation to harmonize, to the maximum extent possible, United States rules and regulations related to the derivatives markets. (7) Regulatory arbitrage is a fact of commerce, with market participants having the tendency to move to the weakest regulator. (8) The stability of the international financial system and the competitive position of United States financial institutions are jeopardized if foreign markets are regulated less prudently than United States markets. SEC. 3. ESTABLISHMENT OF WORKING GROUP ON FINANCIAL DERIVATIVES. (a) Establishment; Composition.--There is established the Working Group on Financial Derivatives, which shall consist of-- (1) the Secretary of the Treasury; (2) the Chairman of the Board of Governors of the Federal Reserve System; (3) the Chairman of the Securities and Exchange Commission; (4) the Chairman of the Commodity Futures Trading Commission; (5) the Comptroller of the Currency; (6) the Director of the Office of Thrift Supervision; (7) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; and (8) the President of the Federal Reserve Bank of New York. (b) Chairmanship.--The Chairman of the Working Group on Financial Derivatives shall be the Secretary of the Treasury. (c) Designation of Officers and Employees.--The members of the Working Group on Financial Derivatives may, from time to time, designate other officers or employees of their respective agencies to assist in carrying out the duties on the Working Group on Financial Derivatives. (d) Establishment of Advisory Committees.--In the development of recommendations related to derivative products, the Working Group on Financial Derivatives shall consult, to the widest extent possible, with market participants, and may establish advisory committees accordingly. (e) Sunset; Reports.--The Working Group on Financial Derivatives shall cease to exist upon the enactment of legislation authorizing appropriations for the Commodity Futures Trading Commission for any fiscal year after fiscal year 2000. The Secretary of the Treasury and the Chairman of the Board of Governors of the Federal Reserve System shall submit to the Congress every 6 months, during the 4-year period beginning on the date of such cessation, a report on the progress of the implementation of the recommendations of the Working Group on Financial Derivatives. SEC. 4. STUDY AND RECOMMENDATIONS ON REGULATION OF DERIVATIVES MARKETS. (a) Study.--The Working Group on Financial Derivatives established under section 2-- (1) shall conduct a study on the regulation of the derivatives markets, including over-the-counter derivatives and exchange-traded derivatives, in which depository institutions, brokers or dealers registered under the Securities and Exchange Act of 1934, foreign banks, or affiliates of a depository institution or a foreign bank, participate; and (2) shall develop recommendations for modernizing and harmonizing statutes, regulations, and policies-- (A) to reflect changes in the markets described in paragraph (1); (B) to improve their operations; (C) to enhance legal certainty for all types of instruments related to such markets, including hybrid instruments and swap agreements; and (D) to promote the harmonization of regulation of such markets worldwide. (b) Reports.-- (1) Interim report.--Not later than 6 months after the date of the enactment of this Act, the Working Group on Financial Derivatives established under section 2 shall submit an interim report to the Congress describing the working group's progress. (2) Final report.--Not later than 1 year after the date of the enactment of this Act, the Working Group on Financial Derivatives established under section 2 shall submit a final report to the Congress describing the study conducted under subsection (a)(1) and containing the recommendations developed under subsection (a)(2). (3) Separate views.--The reports under paragraph (1) and (2) may include separately stated views of any member of the working group. SEC. 5. PROTECTION OF INTERNATIONAL BANKING SYSTEM. To protect customers, stabilize the international financial system, and underpin the safety and soundness of banking institutions in the United States and the banking system around the world, the Government of the United States and the Working Group on Financial Derivatives should make a high priority continual negotiations to ensure that foreign markets and regulatory bodies establish and maintain regulations comparably prudent to those applicable in United States markets. SEC. 6. RESTRICTIONS RELATING TO HYBRID INSTRUMENTS AND SWAP AGREEMENTS. Notwithstanding any other provision of law-- (1) during the period beginning on the date of the enactment of this Act and ending upon the enactment of legislation authorizing appropriations for the Commodity Futures Trading Commission for any fiscal year after fiscal year 2000, the Commodity Futures Trading Commission may not, without the approval of the Secretary of the Treasury, propose or promulgate any rule, regulation, or order, or issue any interpretive or policy statement, that restricts or regulates activity in a hybrid instrument or swap agreement-- (A) that is eligible for exemption under part 34 or 35 of title 17, Code of Federal Regulations (as in effect on January 1, 1998); and (B) to which a depository institution, a broker or dealer registered under the Securities and Exchange Act of 1934, a foreign bank, or an affiliate of a depository institution or a foreign bank, is a party; and (2) a hybrid instrument or swap agreement described in paragraph (1) that is entered into before the period described in such paragraph shall not be subject to section 2(a)(1)(B)(v) of the Commodity Exchange Act (7 U.S.C. 2a(a)(1)(B)(v)). SEC. 7. DEFINITIONS. For purposes of this Act: (1) The term ``depository institution'' has the meaning given such term in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)). (2) The term ``foreign bank'' has the meaning given such term in section 1(b)(7) of the International Banking Act of 1978 (12 U.S.C. 3101(b)(7)).", "summary": "Financial Derivatives Supervisory Improvement Act of 1998 - Establishes the Working Group on Financial Derivatives to study and report to the Congress on: (1) the regulation of derivatives markets in which domestic and foreign depository institutions and registered brokers and dealers participate; and (2) any recommendations for modernizing and harmonizing statutes, regulations, and policies. Urges the Group to assign a high priority to continual negotiations to ensure that foreign markets and regulatory bodies establish and maintain regulations comparably prudent to those governing the U.S. markets. Prohibits the Commodity Futures Trading Commission, for a specified time period, without the Secretary of the Treasury's approval, from promulgating or proposing regulations, or issuing any interpretive or policy statements that regulate or restrict activity in certain hybrid instruments and swap agreements. Declares that any such hybrid instruments or swap agreements entered into before such period shall not be subject to the Commodity Exchange Act's restriction of futures contracts or exempted securities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Equipment Safety and Responsibility Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) Promoting safety on our Nation's highways is a national priority. The Department of Transportation has promulgated the Federal Motor Carrier Safety Regulations to further this purpose. The systematic maintenance, repair, and inspection of equipment traveling in interstate commerce are an integral part of the safety regime. (2) Intermodal transportation plays a significant role in expanding our Nation's commerce. The Nation's economy depends heavily upon the ability to transport goods via the various modes of transportation. (3) Motor carriers and their drivers often receive trailers, chassis, containers and other pieces of intermodal equipment to be transported in interstate commerce. Motor carriers do not, however, possess the requisite level of control or authority over this intermodal equipment to perform the systematic maintenance, repair and inspection necessary to ensure compliance with the Federal Motor Carrier Safety Regulations and to ensure the safety of our Nation's highways. (4) As a result of roadside inspections, motor carriers and their drivers are cited and fined for violations of the Federal Motor Carrier Safety Regulations attributable to intermodal equipment that motor carriers and their drivers neither systematically maintain nor have the opportunity to systematically maintain. Additionally, violations of the Federal Motor Carrier Safety Regulations attributable to intermodal equipment are assigned to the motor carrier's safety record. Congress should exercise its power to ensure that only those parties who control the equipment, thus having the opportunity and authority to systematically maintain, repair and inspect intermodal equipment, assume responsibility for the safety of that equipment as it travels in interstate commerce. SEC. 3. DEFINITIONS. Section 5901 of title 49, United States Code, is amended by adding at the end the following: ``(9) Motor carrier.--The term `motor carrier' means a person providing motor vehicle transportation for compensation or a motor private carrier as that term is defined in chapter 131 of this title. ``(10) Equipment.--The term `equipment' means equipment commonly used in the road transport of intermodal freight, including trailers, chassis, containers and associated devices, and used as an instrumentality of foreign or interstate commerce. ``(11) Equipment interchange agreement.--The term `equipment interchange agreement' means a written document executed by an equipment controller or its agent and a motor carrier which establishes the responsibilities and liabilities of both parties as they relate to the interchange of the equipment. ``(12) Equipment controller.--The term `equipment controller' means any party with any legal right, title, or interest in the equipment, except that a motor carrier is not an equipment controller only because of providing or arranging for any part of the intermodal transportation of the equipment. In no instance shall a motor carrier who has not been contractually delegated responsibility for systematic maintenance and repair of equipment be considered a controller of that equipment. ``(13) Interchange.--The term `interchange' means the act of providing equipment to a motor carrier for the purpose of transporting the equipment for loading or unloading by any party or repositioning the equipment for the benefit of the equipment controller. Such term does not mean the leasing of equipment to a motor carrier for use in the motor carrier's over-the-road freight hauling operations. ``(14) Federal motor carrier safety regulations.--The term `Federal Motor Carrier Safety Regulations' means the regulations promulgated by the United States Department of Transportation governing the condition and maintenance of commercial motor vehicles as set forth in title 49 of the Code of Federal Regulations.''. SEC. 4. JURISDICTION OVER EQUIPMENT CONTROLLERS. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5910. Jurisdiction over equipment controller ``The authority of the Secretary of Transportation to prescribe regulations on commercial motor vehicle safety under section 31136 shall apply to controllers of equipment that is interchanged or intended to be interchanged.''. SEC. 5. EQUIPMENT CONTROLLER RESPONSIBILITY. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5911. Equipment inspection, repair, and maintenance ``(a) Notwithstanding any provision in an equipment interchange agreement to the contrary, an equipment controller shall be responsible and held liable for the systematic inspection, maintenance, and repair of equipment interchanged or intended for interchange. An equipment controller shall, each time prior to offering a motor carrier agent the equipment for interchange, inspect the equipment and provide such maintenance on, and make such repairs to, the equipment to ensure such equipment complies with all applicable Federal Motor Carrier Safety Regulations at all times. At no time shall a motor carrier agent be offered equipment that has not been inspected and repaired as necessary to comply with such regulations. ``(b) In the event that a repair to the equipment interchanged is required while in a motor carrier's possession in order to comply with the Federal Motor Carrier Safety Regulations, the equipment controller shall promptly reimburse the motor carrier for the actual expenses incurred and time spent by the motor carrier for the necessary repair. ``(c) The equipment controller shall not be liable under subsection (b) if the motor carrier's negligence or willful misconduct caused the condition requiring repair under subsection (b).''. SEC. 6. SAFETY COMPLIANCE. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5912. Compliance with safety regulations ``(a) Equipment Controller Liability.--Notwithstanding any provision in an equipment interchange agreement to the contrary, the equipment controller shall be liable for all violations of the Federal Motor Carrier Safety Regulations attributable to the controller's equipment and shall pay any applicable fines, penalties, and damages resulting from the equipment's violation of such regulations; except that the equipment controller shall not be liable for violations of such regulations attributable to the controller's equipment that are proximately caused by the motor carrier's or motor carrier's agent's negligence or willful misconduct. ``(b) Motor Carrier's Limited Liability.--Except as provided in subsection (a), a motor carrier and any motor carrier agent who receives equipment through interchange shall not be liable for any violation of the Federal Motor Carrier Safety Regulations attributable to that equipment. ``(c) Limitation on Effect.--No record or report of a violation of the Federal Motor Carrier Safety Regulations, whether issued by a Federal, State, or local law enforcement authority, attributable to equipment interchanged shall have any effect on a motor carrier's overall safety rating or safety status measurement system score, as determined by the Federal Motor Carrier Safety Administration, or on a motor carrier's agent's driving record unless such violation was proximately caused by the motor carrier's or motor carrier's agent's negligence or willful misconduct. ``(d) Procedure for Records Corrections.--The Secretary of Transportation shall establish, within 6 months of the date of enactment of this section, an expedited procedure to correct records or reports of violations that should not have impacted a motor carrier or a motor carrier agent under subsection (c).''. SEC. 7. AUTHORITY TO INSPECT. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5913. Authority to inspect ``(a) The Secretary of Transportation is authorized to enter into the facility of an equipment controller to inspect and determine if equipment intended to be interchanged for use on a public highway complies with all applicable Federal Motor Carrier Safety Regulations. ``(b) The Secretary shall establish and implement with appropriate staffing an inspection and audit program at facilities of equipment controllers to determine the compliance of equipment intended to be interchanged for use on a public highway with the Federal Motor Carrier Safety Regulations. Inspection of equipment and the equipment's corresponding maintenance records shall take place no less than once every 3 months. ``(c) Equipment that fails to comply with the Federal Motor Carrier Safety Regulations during the inspection in subsection (b) shall be placed out of service and shall not be used on a public highway until such time as repairs have been completed. Repairs of equipment placed out of service shall be documented in the equipment's corresponding maintenance records. ``(d) The Secretary may establish fines against equipment controllers for violations of section 5911.''. SEC. 8. PENALTIES FOR RETALIATION. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5914. Penalties for retaliation ``(a) An equipment controller shall not take any action to threaten, coerce, discipline, discriminate, or otherwise retaliate against a motor carrier or motor carrier agent who requests maintenance or repair of equipment intended for interchange in order to comply with the Federal Motor Carrier Safety Regulations. ``(b) For purposes of this section, `retaliation' shall include, but not be limited to, failing to provide compliant equipment within 60 minutes from the time an agent for a motor carrier that has been requested to pick up equipment arrives to pick up such equipment. ``(c) An equipment controller who violates subsection (a) shall be liable to the United States Government for a civil penalty of up to $10,000 for each violation.''. SEC. 9. DELEGATION OF MAINTENANCE RESPONSIBILITY. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5915. Maintenance responsibility ``An equipment controller is prohibited from delegating its responsibility to systematically maintain and repair equipment intended for interchange to a motor carrier or motor carrier agent in an equipment interchange agreement.''. SEC. 10. COMPATIBILITY OF STATE LAWS. (a) In General.--Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5916. Compatibility of State laws ``(a) Except as provided in subsection (b) and unless authorized by another law of the United States, a law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe is preempted if complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter or a regulation prescribed under this chapter is not possible. ``(b) A law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe shall remain in effect if compatible with this chapter or any regulations prescribed under this chapter but more stringent.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``5910. Jurisdiction over equipment controller. ``5911. Equipment inspection, repair, and maintenance. ``5912. Compliance with safety regulations. ``5913. Authority to inspect. ``5914. Penalties for retaliation. ``5915. Maintenance responsibility. ``5916. Compatibility of State laws.''. SEC. 11. IMPLEMENTING REGULATIONS. (a) Federal Regulations.--The Secretary of Transportation, after notice and opportunity for comment, shall issue regulations, as appropriate, implementing the provisions of this Act. The regulations shall be issued as part of the Federal Motor Carrier Safety Regulations. The implementing regulations shall include provisions to-- (1) identify controllers of equipment interchanged or intended for interchange; (2) match such equipment readily to its controller through a unique identifying number; (3) ensure that each equipment controller maintains a system of maintenance and repair records; (4) evaluate equipment controllers' compliance with the Federal Motor Carrier Safety Regulations; (5) prohibit equipment controllers who fail to attain satisfactory compliance with such regulations from authorizing the placement of equipment on the public highways; (6) consider the effect that adequate maintenance facilities may have on the resulting safe condition of equipment; (7) provide for a process by which motor carriers and agents may anonymously petition the Federal Motor Carrier Safety Administration to undertake an investigation of a noncompliant equipment controller; (8) establish administrative procedures to resolve disputes arising under this Act, including the amendments made by this Act; and (9) establish the inspection and audit program 5913(b) of title 49, United States Code. (b) Deadlines.--The regulations required under subsection (a) shall be developed pursuant to a rulemaking proceeding initiated within 120 days after the date of enactment of this Act and shall be issued not later than one year after such date of enactment. Effective on the date of enactment of this Act, and until such time as final regulations are issued, no motor carrier or motor carrier agent may be issued a citation for violations on equipment interchanged (as defined in section 5901 of title 49, United States Code) to them except by the provisions of this Act. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $7,000,000 for each of fiscal years 2004, 2005, 2006, 2007, and 2008 to the Federal Motor Carrier Safety Administration for the establishment and implementation of the inspection program under section 5913 of title 49, United States Code. SEC. 13. EFFECTIVE DATE. Sections 3, 4, 5, 6, 7, 8, 9, and 10 of this Act shall be effective 30 days after the date of enactment of this Act.", "summary": "Intermodal Equipment Safety and Responsibility Act of 2003 - Subjects an equipment controller to liability for the systematic inspection, maintenance, and repair of equipment interchanged or intended for interchange. Requires an equipment controller: (1) prior to offering a motor carrier agent the equipment for interchange, to inspect the equipment and perform maintenance and repairs to the equipment to ensure that it complies with all applicable Federal Motor Carrier Safety Regulations; and (2) to promptly reimburse the motor carrier for actual expenses incurred and time spent by the motor carrier for any repair required to interchanged equipment to comply with the Regulations while in a motor carrier's possession. Makes an equipment controller liable for all violations of the Regulations attributable to the controller's equipment. Directs the controller to pay any applicable fines, penalties, and damages resulting from such violations, except for violations attributable to the controller's equipment that are proximately caused by the motor carrier's negligence or willful misconduct. Authorizes the Secretary of Transportation to conduct inspections. Prohibits an equipment controller from: (1) retaliating against a motor carrier who requests maintenance or repair of equipment intended for interchange to comply with the Regulations; and (2) delegating its responsibility to systematically maintain and repair equipment intended for interchange to a motor carrier in an equipment interchange agreement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Shareholder Protection Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Corporations make significant political contributions and expenditures that directly or indirectly influence the election of candidates and support or oppose political causes. Decisions to use corporate funds for political contributions and expenditures are usually made by corporate boards and executives, rather than shareholders. (2) Corporations, acting through their boards and executives, are obligated to conduct business for the best interests of their owners, the shareholders. Corporate boards and executives that use corporation funds to support and oppose political candidates, parties, and causes in opposition to the interests of their shareholders are not acting for the best interests of the corporation. (3) Historically, shareholders have not had a way to know, or to influence, the political activities of corporations they own. Shareholders and the public have a right to know how corporations are spending their funds to make political contributions or expenditures benefitting candidates, political parties, and political causes. (4) Corporations should be accountable to their shareholders prior to making political contributions or expenditures affecting local, State or Federal governance and public policy. Requiring the express approval of a corporation's shareholders prior to making political contributions or expenditures will establish necessary accountability. SEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY. The Securities Exchange Act of 1934 is amended by adding after section 14 the following new section: ``SEC. 14A. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES. ``(a) Affirmative Authorization.--No issuer may make any expenditure for political activities in excess of $10,000 in any fiscal year without first obtaining the written affirmative authorization for such expenditure by a majority of all shareholders. ``(b) Nature of Decisions.--A decision to make a contribution or expenditure for political activities in excess of $10,000 shall not be considered a routine matter of the corporation under rules and guidelines established by any national securities exchange or by the Commission. ``(c) Fiduciary Duty; Liability.--A violation of subsection (a) shall be considered a breach of a fiduciary duty of the officers and directors who authorized such an expenditure. The officers and directors who authorize such an expenditure without first obtaining such authorization of shareholders shall be jointly and severally liable in any action brought in any court of competent jurisdiction to any shareholder or class of shareholders for the amount of such expenditure. ``(d) Exemption for Certain Media.--The provisions of this section shall not apply to an issuer whose sole business is the publication or broadcasting of news, commentary, literature, music, entertainment, artistic expression, scientific, historical or academic works, or other forms of information. The Commission shall issue such guidance as it determines necessary or appropriate regarding the extent of the exemption provided by this subsection. ``(e) Definitions.--As used in this section the following definitions apply: ``(1) Affirmative authorization.--The term `affirmative authorization' means the full, free, and written consent of a shareholder, obtained without intimidation or fear of reprisal, and shall not include votes made by a broker or any other representative. ``(2) Issue advocacy campaign.--The term `issue advocacy campaign' means any expenditure for any communication to the general public intended to encourage the public to contact a State or Federal Government official regarding pending legislation, public policy or government rule or regulation, but does not include contributions or expenditures for registered lobbyists employed by the corporation to lobby State or Federal Government officials directly. ``(3) Majority of all shareholders.--The term `majority of all shareholders' means number of shareholders that combined own more than 50 percent of all outstanding shares. Shareholders not casting votes shall not count toward such a majority. ``(4) Expenditure for political activities.-- ``(A) The term `expenditure for political activities' means-- ``(i) expenditures in support of, or opposition to, any Federal, State, or local candidate; ``(ii) contributions to or expenditures in support of any political party, committee, electioneering communication, voter registration campaign, ballot measure campaign, or an issue advocacy campaign; and ``(iii) dues or other payments to trade associations or other tax exempt organizations that are, or could reasonably be anticipated to be, used for the purposes described in subparagraphs (A) and (B). ``(B) Such term shall not include-- ``(i) direct lobbying efforts through registered lobbyists employed or hired by the corporation; ``(ii) communications by a corporation to its stockholders and executive or administrative personnel and their families; ``(iii) nonpartisan registration and get- out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families; or ``(iv) the establishment, administration and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a corporation.''. SEC. 4. REPORTING REQUIREMENTS. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(m) Reporting Requirements Relating to Certain Political Expenditures.-- ``(1) In general.--Not later than 180 days after the date of enactment of this subsection, the Commission shall modify its reporting rules under this section to require issuers to disclose quarterly any expenditure for political activities (as such term is defined in section 14A(e)(4)) made during the preceding quarter. Such a report shall be filed with the Commission and provided to shareholders and shall include-- ``(A) the date of the contributions or expenditures; ``(B) the amount of the contributions or expenditures; ``(C) the name or identity of the candidate, political party, committee, electioneering communication, voter registration campaign, ballot measure campaign or issue advocacy campaign; ``(D) if the expenditures were made for or against a candidate, including an electioneering communication, the office sought by the candidate and the political party affiliation of the candidate; ``(E) if the contributions or expenditures were made for or against a ballot measure, the purpose of the measure and whether the contributions or expenditures were made in support or opposition to the ballot measure; and ``(F) if the contributions or expenditures were made for or against an issue advocacy campaign, the nature of the political issue and whether the contributions were made in support or opposition to the political issue. ``(2) Public availability.--The Commission shall ensure that, to the greatest extent practicable, the quarterly reports required by this subsection are publicly available through the Commission website in a manner that is searchable, sortable and downloadable, consistent with the requirements of section 24.''. SEC. 5. REPORT. On an annual basis, the Office of Management and Budget shall conduct an audit on the compliance or noncompliance with the requirements of this Act by public corporations, their management and shareholders, as well as the effectiveness of the Securities and Exchange Commission in meeting the reporting and disclosure requirements of this Act. Not later than April 1 of each year, the Office of Management and Budget shall submit to the President a report on the audit activities required under this Act.", "summary": "Shareholder Protection Act of 2010 - Amends the Securities Exchange Act of 1934 to prohibit an issuer from making any expenditure for political activities in excess of $10,000 in any fiscal year without first obtaining the written affirmative authorization for such expenditure by a majority of all shareholders. Deems a violation of this requirement to be a breach of the fiduciary duty of the officers and directors who authorized such expenditure. Subjects to joint and several liability to any shareholder or class of shareholders for the amount of such expenditure the officers and directors who authorize it without prior shareholder authorization. Prohibits rules and guidelines established by any national securities exchange or by the Securities and Exchange Commission (SEC) from considering as a routine corporate matter a decision to make a contribution or expenditure for political activities in excess of $10,000. Exempts from the shareholder prior approval requirement an issuer whose sole business is the publication or broadcasting of news, commentary, literature, music, entertainment, artistic expression, scientific, historical or academic works, or other forms of information. Directs the SEC to require issuers to disclose quarterly any expenditure for political activities made during the preceding quarter. Requires such report to be filed with the SEC, provided to shareholders, and be made publicly available through the SEC website."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunset Wasteful Executive Expenditures and Programs Act of 2013''. SEC. 2. REQUIREMENT FOR THE COMPTROLLER GENERAL TO REVIEW EXECUTIVE DEPARTMENTS TO ENSURE THEY CONTINUE TO SERVE A PUBLIC NEED. (a) Amendment.--Chapter 7 of title 31, United States Code, is amended by adding at the end of subchapter II the following new section: ``Sec. 721. Review of Executive departments to ensure they continue to serve a public need ``(a) Review Required.--Each year, beginning with 2014, the Comptroller General of the United States shall review three Executive departments, in the order of their creation, to identify agencies and programs within the jurisdiction of the departments that perform similar or related functions and that no longer serve a public need. The Comptroller General shall review every department at least once every five years. ``(b) Criteria.--The Comptroller General shall evaluate the efficiency and public need for each Executive department pursuant to subsection (a) using the following criteria: ``(1) The effectiveness and the efficiency of the operation of the programs carried out by each such Executive department. ``(2) Whether the programs carried out by the Executive department are cost-effective. ``(3) Whether the Executive department has acted outside the scope of its original authority, and whether the original objectives of the department have been achieved. ``(4) Whether less restrictive or alternative methods exist to carry out the functions of the Executive department. ``(5) The extent to which the jurisdiction of, and the programs administered by, the Executive department duplicate or conflict with the jurisdiction and programs of other Executive departments. ``(6) The potential benefits of consolidating programs administered by the Executive department with similar or duplicative programs of other Executive departments, and the potential for consolidating such programs. ``(7) The number and types of beneficiaries or persons served by programs carried out by the Executive department. ``(8) The extent to which any trends, developments, and emerging conditions that are likely to affect the future nature and extent of the problems or needs that the programs carried out by the Executive department are intended to address. ``(9) The extent to which the Executive department has complied with the provisions contained in sections 1115 through 1119 of this title (relating to Government performance planning and reporting). ``(10) Whether the Executive department has worked to enact changes in the law that are intended to benefit the public as a whole rather than the specific business, institution, or individuals that the department regulates. ``(11) The extent to which the Executive department has encouraged participation by the public as a whole in making its rules and decisions rather than encouraging participation solely by those it regulates. ``(12) The extent to which the public participation in rulemaking and decisionmaking of the Executive department has resulted in rules and decisions compatible with the objectives of the department. ``(13) The extent to which the Executive department complies with section 552 of title 5, United States Code (commonly known as the `Freedom of Information Act'). ``(14) The extent of the regulatory, privacy, and paperwork impacts of the programs carried out by the Executive department. ``(15) The extent to which changes are necessary in the authorizing statutes of the Executive department in order that the function of the department can be performed in the most efficient and effective manner. ``(c) Annual Report and Recommended Legislation.--By February 1 of each year, beginning with February 1, 2015, the Comptroller General shall submit to Congress a report on the results of the review of the Executive departments carried out during the preceding year. The report shall include-- ``(1) such recommendations as the Comptroller General considers necessary to facilitate the abolishment of agencies and programs within the Executive departments that perform similar or related functions that were identified pursuant to subsection (a) as no longer serving a public need; and ``(2) legislative language to implement those recommendations in a form appropriate for introduction in Congress as a bill. ``(d) Executive Department Defined.--In this section, the term `Executive department' means each department listed in section 101 of title 5, United States Code.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of title 31, United States Code, is amended by adding at the end of subchapter II the following new item: ``721. Review of Executive departments to ensure they continue to serve a public need.''. SEC. 3. CONGRESSIONAL ACTION TO ENSURE EXECUTIVE DEPARTMENTS CONTINUE TO SERVE A PUBLIC NEED. (a) Abolishment of Departments.-- (1) In general.--Not later than December 31 of each year, beginning with December 31, 2015, the three Executive departments that were reviewed by the Comptroller General of the United States during the preceding year pursuant to section 721 of title 31, United States Code, shall be abolished. (2) Winding down.--The President, in coordination with the Secretary of each Executive department concerned, shall direct the procedures for the winding down of the operations of departments abolished under subsection (a). (3) Extension.--The date of abolishment for an Executive department may be extended for an additional two years if Congress enacts legislation extending such date by a vote of three-fifths of the House of Representatives and of the Senate. (b) Continuation of Departments.-- (1) Approval of existence.--Congress may authorize the continued existence of an Executive department scheduled for abolishment by approving or rejecting the legislation containing the recommendations of the Comptroller General with respect to that department, as submitted under section 721(c)(2) of title 31, United States Code, and introduced as a bill under subsection (c). (2) Future recommendations.--Action of Congress approving of an Executive department scheduled for abolishment does not prevent the department from being abolished in the next cycle for consideration. (c) Process for Consideration of Comptroller General's Report.-- (1) Introduction.--After February 1 of each year, beginning with 2015, the legislation containing the recommendations of the Comptroller General with respect to the Executive departments reviewed during the preceding year, as submitted in the report of the Comptroller General under section 721(c)(2) of title 31, United States Code, shall be introduced in the Senate by the Majority Leader or the Majority Leader's designee, and in the House of Representatives by the Speaker or the Speaker's designee. Upon such introduction, the bill, to be known as a ``wasteful expenditures bill'' shall be referred to appropriate committees of Congress under paragraph (2). If the wasteful expenditures bill is not introduced in accordance with the preceding sentence, then any member of Congress may introduce such bill in the member's respective House of Congress beginning on the date that is the fifth calendar day that such House is in session following the date of the submission of such aggregate legislative provisions. (2) Committee consideration.-- (A) Referral.--A wasteful expenditures bill introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and the House of Representatives. A committee to which a wasteful expenditures bill is referred under this paragraph and may review and comment on such bill, may report such bill to the respective House, and may not amend such bill. (B) Reporting.--Not later than 60 legislative days after the introduction of the wasteful expenditures bill, each Committee of Congress to which the wasteful expenditures bill was referred shall report the bill. (C) Discharge of committee.--If a committee to which is referred a wasteful expenditures bill has not reported such bill at the end of 60 legislative days after its introduction or at the end of the first day after there has been reported to the House involved a wasteful expenditures bill, whichever is earlier, such committee shall be deemed to have been discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (3) Expedited procedure.-- (A) Consideration.-- (i) In general.--Not later than 5 legislative days after the date on which a committee has reported a wasteful expenditures bill or been discharged from consideration of a wasteful expenditures bill, the Majority Leader of the Senate, or the Majority Leader's designee, or the Speaker of the House of Representatives, or the Speaker's designee, shall move to proceed to the consideration of the wasteful expenditures bill. It shall also be in order for any member of the Senate or the House of Representatives, respectively, to move to proceed to the consideration of the wasteful expenditures bill at any time after the conclusion of such 5-day period. (ii) Motion to proceed.--A motion to proceed to the consideration of a wasteful expenditures bill is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment or to a motion to postpone consideration of the wasteful expenditures bill. If the motion to proceed is agreed to, the Senate or the House of Representatives, as the case may be, shall immediately proceed to consideration of the wasteful expenditures bill without intervening motion, order, or other business, and the wasteful expenditures bill shall remain the unfinished business of the Senate or the House of Representatives, as the case may be, until disposed of. (iii) Limited debate.--Debate on the wasteful expenditures bill and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the wasteful expenditures bill. A motion further to limit debate on the wasteful expenditures bill is in order and is not debatable. All time used for consideration of the wasteful expenditures bill, including time used for quorum calls (except quorum calls immediately preceding a vote) and voting, shall come from the 10 hours of debate. (iv) Amendments.--No amendment to the wasteful expenditures bill shall be in order in the Senate and the House of Representatives. (v) Vote on final passage.--Immediately following the conclusion of the debate on the wasteful expenditures bill, the vote on final passage of the wasteful expenditures bill shall occur. (vi) Other motions not in order.--A motion to postpone consideration of the wasteful expenditures bill, a motion to proceed to the consideration of other business, or a motion to recommit the wasteful expenditures bill is not in order. A motion to reconsider the vote by which the wasteful expenditures bill is agreed to or not agreed to is not in order. (B) Consideration by the other house.--If, before the passage by one House of the wasteful expenditures bill that was introduced in such House, such House receives from the other House a wasteful expenditures bill as passed by such other House-- (i) the wasteful expenditures bill of the other House shall not be referred to a committee and may only be considered for final passage in the House that receives it under subparagraph (C); (ii) the procedure in the House in receipt of the wasteful expenditures bill of the other House, shall be the same as if no wasteful expenditures bill had been received from the other House; and (iii) notwithstanding subparagraph (B), the vote on final passage shall be on the wasteful expenditures bill of the other House. (C) Disposition.--Upon disposition of a wasteful expenditures bill that is received by one House from the other House, it shall no longer be in order to consider the wasteful expenditures bill that was introduced in the receiving House. (4) Legislative day.--In this section, the term ``legislative day'' means a day on which either House of Congress is in session. (5) Rules of the senate and the house of representatives.-- This section is enacted-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a wasteful expenditures bill, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "summary": "Sunset Wasteful Executive Expenditures and Programs Act of 2013 - Requires the Comptroller General (GAO): (1) each year, beginning in 2014, to review three executive departments to identify agencies and programs that perform similar or related functions and that no longer serve a public need; (2) to review every executive department at least once every five years; and (3) each year, beginning on February 1, 2015, to report to Congress on the results of the reviews of executive departments carried out during the preceding year with recommendations for abolishing agencies and programs that perform similar or related functions and no longer serve a public need. Abolishes by December 31 of each year, beginning with 2015, the three executive departments reviewed by the Comptroller General during the preceding year. Requires the President to direct procedures for the winding down of the operations of each abolished department. Allows Congress to authorize the continued existence of an executive department scheduled for abolishment. Sets forth the process for congressional consideration of the Comptroller General's report, including an expedited procedure for consideration of resulting legislation to be known as a wasteful expenditures bill."}
{"article": "SECTION 1. ELIGIBILITY. (a) Reservists Discharged Because of a Service-Connected Disability.--Section 3701(b)(5)(A) of title 38, United States Code, is amended-- (1) by inserting ``(i)'' before ``who has''; and (2) by striking out the period at the end thereof and inserting in lieu thereof ``, or (ii) who was discharged or released from the Selected Reserve before completing 6 years of service because of a service-connected disability.''. (b) Surviving Spouses of Reservists Who Died While in Active Military, Naval, or Air Service.--The second sentence of section 3701(b)(2) of such title is amended-- (1) by inserting ``or service in the Selected Reserve'' after ``duty'' each place it appears; and (2) by striking out ``spouse shall'' and inserting in lieu thereof ``deceased spouse shall''. SEC. 2. PUBLIC AND COMMUNITY WATER AND SEWERAGE SYSTEMS. Section 3704 of title 38, United States Code, is amended-- (1) by striking out subsection (e); and (2) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. SEC. 3. REFINANCING LOANS. (a) Authority To Guarantee Home Refinance Loans for Energy Efficiency Improvements.-- (1) Loans.--(A) Section 3710(a) of title 38, United States Code, is amended by adding after paragraph (10) the following: ``(11) To refinance in accordance with subsection (e) of this section an existing loan guaranteed, insured, or made under this chapter, and to improve the dwelling securing such loan through energy efficiency improvements, as provided in subsection (d) of this section.''. (B) Section 3710(e)(1) of such title is amended by inserting ``or subsection (a)(11)'' after ``subsection (a)(8)''. (2) Fee.--Section 3729(a)(2)(E) of such title is amended by inserting ``3710(a)(11),'' after ``3710(a)(9)(B)(i),''. (b) Refinancing Adjustable Rate Mortgages to Fixed Rate Mortgages.--Section 3710(e)(1)(A) of such title is amended-- (1) by inserting ``(i)'' after ``(A); (2) by inserting ``or'' at the end of clause (i), as designated by paragraph (1) of this subsection; and (3) by adding after such clause (i), the following: ``(ii) the loan bears interest at a fixed rate that is agreed upon by the veteran and the mortgagee, and the loan being refinanced is an adjustable rate loan.''. SEC. 4. MANUFACTURED HOME LOAN INSPECTIONS. (a) Certification of Conformity With Standards.--Section 3712(h) of title 38, United States Code, is amended by amending paragraph (2) to read as follows: ``(2) Any manufactured housing unit properly displaying a certification of conformity to all applicable Federal manufactured home construction and safety standards pursuant to section 616 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5415) shall be deemed to meet the standards required by paragraph (1) of this subsection.''. (b) Repeal of Inspection Requirements.--Section 3712(j) of such title is amended-- (1) by striking out ``refuses to permit the inspections provided for in subsection (h) of this section; or in the case of manufactured homes which are determined by the Secretary not to conform to the aforesaid standards; or where the manufacturer of manufactured homes''; and (2) by striking ``warranty.'' and inserting in lieu thereof ``warranty; in the case of manufactured homes which are determined by the Secretary not to conform to the standards provided for in subsection (h) of this section; or in the case of a manufacturer who has engaged in procedures or practices determined by the Secretary to be unfair or prejudicial to veterans or the Government.''. (c) Elimination of Reporting Requirement.--Section 3712(l) of such title is amended-- (1) by striking out ``the results of inspections required by subsection (h) of this section,''; and (2) by striking out ``section, and'' and inserting in lieu thereof ``section and''. SEC. 5. PROCEDURES ON DEFAULT. (a) In General.--Paragraph (7) of section 3732(c) of title 38, United States Code, is amended-- (1) by striking out ``that was the minimum amount for which, under applicable State law, the property was permitted to be sold at the liquidation sale'' in the matter preceding subparagraph (A); (2) by striking out ``the Secretary may accept conveyance of the property to the United States for a price not exceeding'' and inserting in lieu thereof ``(i) the amount was the minimum amount for which, under applicable State law, the property was permitted to be sold at the liquidation sale, the holder shall have the option to convey the property to the United States in return for payment by the Secretary of an amount equal to''; (3) by striking out ``and'' at the end of clause (i), as so designated by paragraph (2), and inserting in lieu thereof ``or''; (4) by adding after such clause (i) the following: ``(ii) there was no minimum amount for which the property had to be sold at the liquidation sale under applicable State law, the holder shall have the option to convey the property to the United States in return for payment by the Secretary of an amount equal to the lesser of such net value or total indebtedness; and''; and (5) in subparagraph (B), by striking out ``paragraph (6)(B)'' and inserting in lieu thereof ``paragraph (6)''. (b) Conforming Amendment.--Paragraph (6) of such section is amended-- (1) by striking out ``either''; and (2) by striking out ``sale or acquires'' and all that follows through ``(B) the'' and inserting in lieu thereof ``sale, the''. SEC. 6. MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT. Section 5303A(b)(3) of title 38, United States Code, is amended-- (1) by striking out ``or'' at the end of subparagraph (E); (2) by striking out the period at the end of subparagraph (F) and inserting in lieu thereof ``; or''; and (3) by inserting after subparagraph (F) the following: ``(G) to benefits under chapter 37 of this title by reason of discharge or release from active duty as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.''. Passed the House of Representatives August 1, 1994. Attest: DONNALD K. ANDERSON, Clerk.", "summary": "Makes eligible for the veterans' housing loan program: (1) members of the Selected Reserve discharged or released before completion of six years of service because of a service-connected disability; and (2) surviving spouses of reservists who die while on active duty. Repeals a Federal provision prohibiting guaranteed housing loans to veterans for property not served by a public or adequate community water and sewage system. Authorizes the Secretary of Veterans Affairs to guarantee to refinance loans of veterans making energy efficiency improvements. Allows for the charging of a guaranteed housing loan fee for such loan. Provides for the guaranteeing of refinance loans made to change a mortgage from an adjustable to a fixed rate. Provides authority for guaranteeing loans made to purchase a manufactured home if the home displays a certification of conformity with Federal manufactured home construction and safety standards. Repeals certain inspection requirements with respect to such manufactured homes, as well as a reporting requirement concerning such inspections. Revises certain default procedures with respect to guaranteed housing loans. Excludes from certain minimum active-duty service requirements, for purposes of eligibility for veterans' guaranteed housing loans, those veterans whose discharge or release from active duty was the result of a reduction in force."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Mandate Relief Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) Federal regulation of State and local governments has become increasingly extensive and intrusive in recent years; (2) such regulation has, in many instances-- (A) adversely affected the ability of State and local governments to achieve their independent responsibilities and meet their established priorities; and (B) forced State and local governments to use existing revenue sources and to generate new property tax revenues to enable them to adhere to Federal mandates; and (3) the resulting excessive fiscal burdens on State and local governments also undermine the governments' ability to attain the goals of Federal regulations. (b) Purpose.--It is the purpose of this title to establish procedures to ensure that the Federal Government pays the total amount of additional costs incurred by State and local governments in complying with intergovernmental regulations that take effect on or after the date of enactment of this Act. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``additional costs'' means the amount of costs incurred by a State or local government solely in complying with an intergovernmental regulation promulgated pursuant to a significant Federal statute concerning a particular activity that is in excess of the amount that the State or local government would incur in carrying out that activity in the absence of the regulation, but does not include any amount that a State or local government is required or permitted by law to contribute as a non-Federal share under a Federal assistance program; (2) the term ``Director'' means the Director of the Office of Management and Budget; (3) the term ``Federal agency'' means a department, agency, or instrumentality in the executive branch of the United States Government, but does not include a mixed-ownership Government corporation; (4) the term ``Federal assistance'' means assistance provided by a Federal agency to a State or local government or other public or private recipient in the form of a grant, loan, loan guarantee, property, cooperative agreement, or technical assistance, but does not include direct cash assistance to a natural person, a contract for the procurement of goods or services for the United States, or insurance; (5) the term ``intergovernmental regulation'' means a statute, or a regulation promulgated by a Federal agency pursuant to a significant statute, that-- (A) requires a State or local government to-- (i) take certain actions; or (ii) comply with certain conditions; and (B) takes effect on or after the date of enactment of this Act; (6) the term ``local government'' means-- (A) a county, city, town, village, or other general purpose political subdivision of a State; (B) a school district; and (C) a unit of local government established under State law for a particular public purpose; (7) the term ``State'' means each of the States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. SEC. 4. COMPENSATION OF STATE AND LOCAL GOVERNMENTS FOR ADDITIONAL COSTS. (a) In General.--An intergovernmental regulation may not be enforced against a State or local government with respect to a fiscal year-- (1) unless there has been made an appropriation of Federal funds, and such funds have been made available, to all State and local governments for the fiscal year in an amount that is sufficient to reimburse all State or local governments for the total amount of additional costs that will be incurred by those governments in complying with the regulation during the fiscal year; or (2) Congress approves by a two-thirds vote of the members of each House of Congress, duly chosen and sworn, a joint resolution that waives subsection (a) with respect to that intergovernmental regulation and that fiscal year. (b) Determination of Additional Costs.--For the purposes of subsection (a), the total amount of additional costs that will be incurred by State governments and local governments in complying with an intergovernmental regulation during a fiscal year shall be the total amount of such costs for compliance with the regulation estimated by the Director for the fiscal year in the report required under section 5 for the fiscal year. SEC. 5. REPORT BY THE DIRECTOR. For each fiscal year in which an intergovernmental regulation will be in effect, the Director, in consultation with representatives of State and local governments, shall prepare and submit to the President and the Congress, with the President's budget in January preceding the beginning of a fiscal year, a report that contains an estimate, for that fiscal year and the following fiscal year, of the total amount of additional costs that have been incurred or will be incurred by each State government and by each local government within each State in complying with the intergovernmental regulation. SEC. 6. PAYMENT OF REIMBURSEMENTS. (a) In General.--The head of a Federal agency that administers an intergovernmental regulation shall pay to each State and local government in each fiscal year the amount determined pursuant to this section to reimburse the State and local governments in the State for the additional costs incurred by those governments in complying with the intergovernmental regulation during the fiscal year. (b) Amount Paid by a Federal Agency to a State or Local Government.--The amount to be paid to a State or local government under subsection (a) for a fiscal year shall be the amount of additional costs specified for that State or local government in the report submitted pursuant to section 5. (c) Inapplicability of Section.--This section does not apply with respect to an intergovernmental regulation that will be in effect during a fiscal year if, with respect to that intergovernmental regulation and that fiscal year, a joint resolution described in section 4(a)(2) is in effect. SEC. 7. EFFECT OF SUBSEQUENT ENACTMENTS. No statute enacted after the date of enactment of this Act shall supersede this Act unless the statute does so in specific terms, referring to this Act, and declares that that statute supersedes this Act.", "summary": "Federal Mandate Relief Act of 1993 - Prohibits the enforcement of an intergovernmental regulation against a State or local government with respect to a fiscal year: (1) unless sufficient Federal funds have been appropriated to reimburse all State or local governments for the total additional costs that will be incurred by those governments in complying with the regulation during the fiscal year; or (2) the Congress approves by a two-thirds vote of the Members of each House a joint resolution that waives such prohibition with respect to that intergovernmental regulation and that fiscal year. Specifies that the total additional costs that will be incurred by State and local governments in complying with an intergovernmental regulation during a fiscal year shall be the total compliance costs estimated by the Director of the Office of Management and Budget under this Act. Requires the Director, for each fiscal year in which an intergovernmental regulation will be in effect, to submit to the President and the Congress a report that contains an estimate for that fiscal year and the following fiscal year of the total additional costs that have been or will be incurred by each State and local government in complying with the regulation. Sets forth provisions with respect to reimbursements of State and local governments by Federal agencies."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. This Act may be cited as the ``Credit Card Accountability Responsibility and Disclosure Act of 2006'' or the ``Credit CARD Act of 2006''. SEC. 2. REGULATORY AUTHORITY. The Board of Governors of the Federal Reserve System may issue such rules or publish such model forms as it considers necessary to carry out this Act and the amendments made by this Act, in accordance with sections 105 and 122 of the Truth in Lending Act. TITLE I--REGULATIONS REGARDING CERTAIN RATES AND FEES SEC. 101. PRIOR NOTICE OF RATE INCREASES REQUIRED. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following: ``(h) Advance Notice of Increase in Interest Rate Required.-- ``(1) In general.--In the case of any credit card account under an open end consumer credit plan, no increase in any annual percentage rate of interest (other than an increase due to the expiration of any introductory percentage rate of interest, or due solely to a change in another rate of interest to which such rate is indexed)-- ``(A) may take effect before the beginning of the billing cycle which begins not less than 15 days after the obligor receives notice of such increase; or ``(B) may apply to any outstanding balance of credit under such plan as of the date of the notice of the increase required under paragraph (1). ``(2) Notice of right to cancel.--The notice referred to in paragraph (1) with respect to an increase in any annual percentage rate of interest shall be made in a clear and conspicuous manner and shall contain a brief statement of the right of the obligor to cancel the account before the effective date of the increase.''. SEC. 102. FREEZE ON INTEREST RATE TERMS AND FEES ON CANCELED CARDS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (h) (as added by section 101 of this title) the following new subsection: ``(i) Freeze on Interest Rate Terms and Fees on Canceled Cards.--If an obligor referred to in subsection (h) closes or cancels a credit card account before the beginning of the billing cycle referred to in subsection (h)(1)-- ``(1) an annual percentage rate of interest applicable after the cancellation with respect to the outstanding balance on the account as of the date of cancellation may not exceed any annual percentage rate of interest applicable with respect to such balance under the terms and conditions in effect before the date of the notice of any increase referred to in subsection (h)(1); and ``(2) the repayment of the outstanding balance after the cancellation shall be subject to all other terms and conditions applicable with respect to such account before the date of the notice of the increase referred to in subsection (h).''. SEC. 103. LIMITS ON FINANCE AND INTEREST CHARGES FOR ON-TIME PAYMENTS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (i) (as added by section 102 of this title) the following new subsection: ``(j) Prohibition on Penalties for On-Time Payments.-- ``(1) Prohibition on finance charges for on-time payments.--In the case of any credit card account under an open end credit plan, where no other balance is owing on the account, no finance or interest charge may be imposed with regard to any amount of a new extension of credit that was paid on or before the date on which it was due. ``(2) Prohibition on cancellation or additional fees for on-time payments or payment in full.--In the case of any credit card account under an open end consumer credit plan, no fee or other penalty may be imposed on the consumer in connection with the payment in full of an existing account balance, or payment of more than the minimum required payment of an existing account balance.''. SEC. 104. PROHIBITION ON OVER-THE-LIMIT FEES FOR CREDITOR-APPROVED TRANSACTIONS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (j) (as added by section 103 of this title) the following new subsection: ``(k) Limitation on Imposition of Over-the-Limit Fees.--In the case of any credit card account under an open end consumer credit plan, a creditor may not impose any fees on the obligor for any extension of credit in excess of the amount of credit authorized to be extended with respect to such account, if the extension of credit is made in connection with a credit transaction which the creditor approves in advance or at the time of the transaction.''. TITLE II--ENHANCED CONSUMER DISCLOSURES SEC. 201. PAYOFF TIMING DISCLOSURES. (a) In General.--Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is amended by adding at the end the following new paragraph: ``(12) Repayment information.-- ``(A) In general.--Repayment information that would apply to the outstanding balance of the consumer under the credit plan, including-- ``(i) the outstanding balance in the account at the beginning of the statement period, as required by paragraph (1) of this subsection; ``(ii) the required minimum monthly payment on that balance, represented as both a dollar figure and as a percentage of that balance; ``(iii) the grace period within which payment must be made to avoid additional charges, as required by paragraph (9) of this subsection; and ``(iv) the monthly payments amount that would be required for the consumer to eliminate the outstanding balance in 36 months if no further advances are made. ``(B) Applicable annual percentage rate.-- ``(i) In general.--Subject to clause (ii), in making the disclosures under subparagraph (A), the creditor shall apply the annual percentage rate in effect on the date on which the disclosure is made until the date on which the balance would be paid in full. ``(ii) Exception.--If the annual percentage rate in effect on the date on which the disclosure is made is a temporary rate that will change under a contractual provision applying an index or formula for subsequent interest rate adjustment, the creditor shall apply the rate in effect on the date on which the disclosure is made for as long as that rate will apply under that contractual provision, and then apply an annual percentage rate based on the index or formula in effect on the applicable billing date.''. (b) Tabular Format Required for Disclosures.--Section 122 of the Truth in Lending Act (15 U.S.C. 1632) by adding at the end the following new subsection: ``(d) Format Required for Certain Disclosures Under Section 127(b)(12).-- ``(1) Form of disclosure.--All of the information disclosed pursuant to section 127(b)(12)(A) shall-- ``(A) be disclosed in the form and manner which the Board shall prescribe by regulations under this section and in accordance with section 105; and ``(B) be placed in a conspicuous and prominent location on the billing statement in typeface that is at least as large as the largest type on the statement, but in no instance less than 12-point in size. ``(2) Tabular format.--In the regulations prescribed under paragraph (1), the Board shall require that the disclosure of such information shall be in the form of a table that-- ``(A) contains clear and concise headings for each item of such information; and ``(B) provides a clear and concise form stating each item of information required to be disclosed under each such heading. ``(3) Requirements regarding location and order of table.-- In prescribing the form of the table under paragraph (2), the Board shall require that-- ``(A) all of the information in the table, and not just a reference to the table, be placed on the billing statement, as required by this subparagraph; and ``(B) the items required to be included in the table shall be listed in the order in which such items are set forth in section 127(b)(12)(A). ``(4) Board discretion in prescribing order and wording of table.--In prescribing the form of the table under subparagraph (C), the Board may employ terminology which is different than the terminology which is employed in subparagraph (A), if such terminology is easily understood and conveys substantially the same meaning.''. (c) Civil Liability.--Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended, in the undesignated paragraph following paragraph (4), by striking the second sentence and inserting the following: ``In connection with the disclosures referred to in subsections (a) and (b) of section 127, a creditor shall have a liability determined under paragraph (2) only for failing to comply with the requirements of section 125, 127(a), or paragraph (4), (5), (6), (7), (8), (9), (10), or (11) of section 127(b), or for failing to comply with disclosure requirements under State law for any term or item that the Board has determined to be substantially the same in meaning under section 111(a)(2) as any of the terms or items referred to in section 127(a), or paragraph (4), (5), (6), (7), (8), (9), (10), (11), or (12) of section 127(b). SEC. 202. REQUIREMENTS RELATING TO LATE PAYMENT DEADLINES AND PENALTIES. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (k) (as added by section 104 of this Act) the following new subsection: ``(l) Requirements Relating to Late Payment Deadlines and Penalties.-- ``(1) Late payment deadline and postmark date required to be disclosed.--In the case of a credit card account under an open end consumer credit plan under which a late fee or charge may be imposed due to the failure of the obligor to make payment on or before the due date for such payment, the periodic statement required under subsection (b) with respect to the account shall include, in a conspicuous location on the billing statement-- ``(A) the date by which the payment must be postmarked, if paid by mail, in order to avoid the imposition of a late payment fee with respect to the payment; and ``(B) a statement that no late fee may be imposed in connection with a payment made by mail which was postmarked on or before the postmark date. ``(2) Disclosure of increase in interest rates for late payments.--If 1 or more late payments under an open end consumer credit plan may result in an increase in the annual percentage rate the account, the statement required under subsection (b) with respect to the account shall include conspicuous notice of such fact, together with the applicable penalty annual percentage rate, in close proximity to the disclosure required in paragraph (1) of the date on which payment is due under the terms of the account. ``(3) Requirements relating to postmark date.-- ``(A) In general.--The date included in a periodic statement pursuant to paragraph (1)(B) with regard to the postmark on a payment shall allow, in accordance with regulations prescribed by the Board under subparagraph (B), a reasonable time for the consumer to make the payment and a reasonable time for the delivery of the payment by the due date. ``(B) Board regulations.--The Board shall prescribe guidelines for determining a reasonable period of time for making a payment and delivery of a payment for purposes of subparagraph (A), after consultation with the Postmaster General and representatives of consumer and trade organizations. ``(4) Payment at local branches.--If the creditor, in the case of a credit card account referred to in paragraph (1), is a financial institution which maintains branches or offices at which payments on any such account are accepted from the obliger in person, the date on which the obliger makes a payment on the account at such branch or office shall be considered as the date on which the payment is made for purposes of determining whether a late fee or charge may be imposed due to the failure of the obligor to make payment on or before the due date for such payment, to the extent that such payment is made before the close of business of the branch or office on the business day immediately preceding the due date for such payment.''. TITLE III--PROTECTION OF YOUNG CONSUMERS SEC. 301. EXTENSIONS OF CREDIT TO UNDERAGE CONSUMERS. Section 127(c) of the Truth in Lending Act (15 U.S.C. 1637(c)) is amended by adding at the end the following new paragraph: ``(8) Applications from underage consumers.-- ``(A) Prohibition on issuance.--No credit card may be issued to, or open end credit plan established on behalf of, a consumer who has not attained the age of 21, unless the consumer has submitted a written application to the card issuer that meets the requirements of subparagraph (B). ``(B) Application requirements.--An application to open a credit card account by an individual who has not attained the age of 21 as of the date of submission of the application shall require-- ``(i) the signature of the parent, legal guardian, or spouse of the consumer, or any other individual having a means to repay debts incurred by the consumer in connection with the account, indicating joint liability for debts incurred by the consumer in connection with the account before the consumer has attained the age of 18; ``(ii) submission by the consumer of financial information indicating an independent means of repaying any obligation arising from the proposed extension of credit in connection with the account; or ``(iii) proof by the consumer that the consumer has completed a credit counseling course of instruction by a nonprofit budget and credit counseling agency approved by the Board for such purpose. ``(C) Minimum requirements for counseling agencies.--To be approved by the Board under subparagraph (B)(iii), a credit counseling agency shall, at a minimum-- ``(i) be a nonprofit budget and credit counseling agency, the majority of the board of directors of which-- ``(I) is not employed by the agency; and ``(II) will not directly or indirectly benefit financially from the outcome of a credit counseling session; ``(ii) if a fee is charged for counseling services, charge a reasonable fee, and provide services without regard to ability to pay the fee; and ``(iii) provide trained counselors who receive no commissions or bonuses based on referrals, and demonstrate adequate experience and background in providing credit counseling.''. SEC. 302. ENHANCED PENALTIES. Section 130(a)(2)(A) of the Truth in Lending Act (15 U.S.C. 1640 (a)(2)(A)(iii)) is amended---- (1) by striking ``or (iii) in the'' and inserting the following: ``(iii) in the case of an individual action relating to an open end credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of $500 and a maximum of $5,000 or such higher amount as may be appropriate in the case of an established pattern or practice of such failures; or ``(iv) in the''; and. (2) in clause (ii), by striking ``this subparagraph'' and inserting ``this clause''. SEC. 303. RESTRICTIONS ON CERTAIN AFFINITY CARDS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (l) (as added by section 202 of this Act) the following new subsection: ``(m) Restrictions on Issuance of Affinity Cards to Students.--No credit card account under an open end credit plan may be established by an individual who has not attained the age of 18 as of the date of submission of the application pursuant to any agreement relating to affinity cards, as defined by the Board, between the creditor and an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965), unless the requirements of section 127(c)(8) are met with respect to the obliger.''.", "summary": "Credit Card Accountability Responsibility and Disclosure Act of 2006, or the Credit CARD Act of 2006 - Amends the Truth in Lending Act to require advance notice of any increase in the annual percentage rate (APR) of interest pertaining a credit card account under an open end consumer credit plan. Imposes a freeze on interest rate terms and fees on canceled cards. Prohibits: (1) penalties for on-time payments; and (2) over-the-limit fees for creditor-approved transactions. Requires disclosure of: (1) the repayment information applicable to the outstanding balance; and (2) late payment deadlines, postmark dates, and any increase in interest rates for late payments. Increases the civil penalty against any creditor who fails to comply with specified requirements in the case of an individual action relating to an open end credit plan that is not secured by real property or a dwelling. Prohibits issuance of: (1) a credit card under an open end credit plan on behalf of a consumer who has not attained the age of 21, unless the consumer has submitted a written application meeting specified requirements; or (2) certain affinity cards to students unless certain requirements have been met."}
{"article": "TITLE I--NAVAL VESSEL TRANSFER SECTION 101. SHORT TITLE. This title may be cited as the ``Naval Vessel Transfer Act of 2008''. SEC. 102. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS. (a) Transfers by Grant.--The President is authorized to transfer the vessels specified in paragraphs (1), (3), and (4) of section 501(a) of H.R. 5916 of the 110th Congress, as passed the House of Representatives on May 15, 2008, to the foreign recipients specified in paragraphs (1), (3), and (4) of such section, respectively, on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (b) Grants Not Counted in Annual Total of Transferred Excess Defense Articles.--The value of a vessel transferred to a recipient on a grant basis pursuant to authority provided by subsection (a) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (c) Costs of Transfers.--Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient (notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e))). (d) Repair and Refurbishment in United States Shipyards.--To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of the recipient, performed at a shipyard located in the United States, including a United States Navy shipyard. (e) Expiration of Authority.--The authority to transfer a vessel under this section shall expire at the end of the 2-year period beginning on the date of the enactment of this Act. TITLE II--UNITED STATES ARMS EXPORTS SEC. 201. ASSESSMENT OF ISRAEL'S QUALITATIVE MILITARY EDGE OVER MILITARY THREATS. (a) Assessment Required.--The President shall carry out an empirical and qualitative assessment on an ongoing basis of the extent to which Israel possesses a qualitative military edge over military threats to Israel. The assessment required under this subsection shall be sufficiently robust so as to facilitate comparability of data over concurrent years. (b) Use of Assessment.--The President shall ensure that the assessment required under subsection (a) is used to inform the review by the United States of applications to sell defense articles and defense services under the Arms Export Control Act (22 U.S.C. 2751 et seq.) to countries in the Middle East. (c) Reports.-- (1) Initial report.--Not later than June 30, 2009, the President shall transmit to the appropriate congressional committees a report on the initial assessment required under subsection (a). (2) Quadrennial report.--Not later than four years after the date on which the President transmits the initial report under paragraph (1), and every four years thereafter, the President shall transmit to the appropriate congressional committees a report on the most recent assessment required under subsection (a). (d) Certification.--Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following: ``(h) Certification Requirement Relating to Israel's Qualitative Military Edge.-- ``(1) In general.--Any certification relating to a proposed sale or export of defense articles or defense services under this section to any country in the Middle East other than Israel shall include a determination that the sale or export of the defense articles or defense services will not adversely affect Israel's qualitative military edge over military threats to Israel. ``(2) Qualitative military edge defined.--In this subsection, the term `qualitative military edge' means the ability to counter and defeat any credible conventional military threat from any individual state or possible coalition of states or from non-state actors, while sustaining minimal damages and casualties, through the use of superior military means, possessed in sufficient quantity, including weapons, command, control, communication, intelligence, surveillance, and reconnaissance capabilities that in their technical characteristics are superior in capability to those of such other individual or possible coalition of states or non- state actors.''. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Qualitative military edge.--The term ``qualitative military edge'' has the meaning given the term in section 36(h) of the Arms Export Control Act, as added by subsection (d) of this section. SEC. 202. IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING WITH ISRAEL. (a) In General.--Of the amount made available for fiscal year 2009 for assistance under the program authorized by section 23 of the Arms Export Control Act (22 U.S.C. 2763) (commonly referred to as the ``Foreign Military Financing Program''), the amount specified in subsection (b) is authorized to be made available on a grant basis for Israel. (b) Computation of Amount.--The amount referred to in subsection (a) is the amount equal to-- (1) the amount specified under the heading ``Foreign Military Financing Program'' for Israel for fiscal year 2008; plus (2) $150,000,000. (c) Other Authorities.-- (1) Availability of funds for advanced weapons systems.--To the extent the Government of Israel requests the United States to provide assistance for fiscal year 2009 for the procurement of advanced weapons systems, amounts authorized to be made available for Israel under this section shall, as agreed to by Israel and the United States, be available for such purposes, of which not less than $670,650,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development. (2) Disbursement of funds.--Amounts authorized to be made available for Israel under this section shall be disbursed not later than 30 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs for fiscal year 2009, or October 31, 2008, whichever occurs later. SEC. 203. SECURITY COOPERATION WITH THE REPUBLIC OF KOREA. (a) Findings.--Congress makes the following findings: (1) Close and continuing defense cooperation between the United States and the Republic of Korea continues to be in the national security interest of the United States. (2) The Republic of Korea was designated a major non-NATO ally in 1987, the first such designation. (3) The Republic of Korea has been a major purchaser of United States defense articles and services through the Foreign Military Sales (FMS) program, totaling $6,900,000,000 in deliveries over the last 10 years. (4) Purchases of United States defense articles, services, and major defense equipment facilitate and increase the interoperability of Republic of Korea military forces with the United States Armed Forces. (5) Congress has previously enacted important, special defense cooperation arrangements for the Republic of Korea, as in the Act entitled ``An Act to authorize the transfer of items in the War Reserves Stockpile for Allies, Korea'', approved December 30, 2005 (Public Law 109-159; 119 Stat. 2955), which authorized the President, notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), to transfer to the Republic of Korea certain defense items to be included in a war reserve stockpile for that country. (6) Enhanced support for defense cooperation with the Republic of Korea is important to the national security of the United States, including through creation of a status in law for the Republic of Korea similar to the countries in the North Atlantic Treaty Organization, Japan, Australia, and New Zealand, with respect to consideration by Congress of foreign military sales to the Republic of Korea. (b) Special Foreign Military Sales Status for Republic of Korea.-- The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended-- (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting ``the Republic of Korea,'' before ``or New Zealand'' each place it appears; (2) in section 3(b)(2), by inserting ``the Government of the Republic of Korea,'' before ``or the Government of New Zealand''; (3) in section 21(h)(1)(A), by inserting ``the Republic of Korea,'' before ``or Israel''; and (4) in section 21(h)(2), by striking ``or to any member government of that Organization if that Organization or member government'' and inserting ``, to any member government of that Organization, or to the Governments of the Republic of Korea, Australia, New Zealand, Japan, or Israel if that Organization, member government, or the Governments of the Republic of Korea, Australia, New Zealand, Japan, or Israel''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Title I: Naval Vessel Transfer - Naval Vessel Transfer Act of 2008 - (Sec. 102) Authorizes the President to transfer on a grant basis to: (1) Pakistan, the OLIVER HAZARD PERRY class guided missile frigate MCINERNEY; (2) Chile, the KAISER class oiler ANDREW J. HIGGINS; and (3) Peru, the NEWPORT class amphibious tank landing ships FRESNO and RACINE. States that: (1) the value of such vessels transferred on a grant basis shall not be counted against the aggregate value of excess defense articles transferred to countries in any fiscal year under the Foreign Assistance Act of 1961; (2) transfer costs shall be charged to the recipient; and (3) to the maximum extent practicable, the country to which a vessel is transferred shall have necessary vessel repair and refurbishment carried out at U.S. shipyards (including U.S. Navy shipyards). Terminates transfer authority two years after enactment of this Act. Title II: United States Arms Exports - (Sec. 201) Directs the President to: (1) carry out an ongoing assessment of the extent to which Israel possesses a qualitative military edge (as defined by this Act) over military threats; (2) use such assessment in reviewing applications to sell defense articles and services under the Arms Export Control Act to a Middle Eastern country other than Israel; and (3) submit an initial report on such assessment to the appropriate congressional committees by June 30, 2009, and then every four years thereafter. Amends the Arms Export Control Act to require any certification relating to a proposed sale or export of defense articles or services to a Middle Eastern country other than Israel to include a determination that such sale or export will not adversely affect Israel's qualitative military edge (as defined by this Act for purposes of this provision) over military threats. (Sec. 202) Makes specified foreign military financing program funds for FY2009 available on a grant basis for Israel. Authorizes funding in FY2009 for the procurement of advanced weapons systems, including research and development, by Israel. (Sec. 203) Amends the Arms Export Control Act to provide the Republic of Korea with special foreign military sales status, including expedited congressional review for export of U.S. defense items and services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Joint Committee on Agency Rule Review Act of 2003'' or the ``JCARR Act''. SEC. 2. ESTABLISHMENT OF A JOINT COMMITTEE ON AGENCY RULE REVIEW. Section 802 of title 5, United States Code, is amended by redesignating subsection (g) as subsection (i) and by inserting before subsection (i) the following new subsection: ``(h)(1) There is established a Joint Committee on Agency Rule Review to be composed of 12 Members of the Senate to be appointed by the majority leader of the Senate and 12 Members of the House of Representatives to be appointed by the Speaker of the House of Representatives. In each instance, not more than 7 Members shall be members of the same political party. ``(2) In carrying out its duties under this chapter, the joint committee, or any duly authorized subcommittee thereof, is authorized to-- ``(A) hold such hearings, to sit and act at such places and times within the United States during the sessions, recesses, and adjourned periods of Congress; ``(B) require the attendance of such witnesses and the production of such books, papers, and documents, administer such oaths, take such testimony, procure such printing and binding as it deems necessary; and ``(C) make such rules respecting its organization and procedures as it deems necessary, but no bill shall be reported from the joint committee unless a majority of the committee assent. ``(3) The members of the joint committee who are Members of the Senate shall from time to time report to the Senate, and the members of the joint committee who are Members of the House of Representatives shall from time to time report to the House, by bill or otherwise, their recommendations with respect to matters within the jurisdiction of their respective Houses which are referred to the joint committee or otherwise within the jurisdiction of the joint committee. ``(4) Vacancies in the membership of the joint committee shall not affect the power of the remaining members to execute the functions of the joint committee, and shall be filled in the same manner as in the case of the original selection. The joint committee shall select a chairman and a vice chairman from among its members at the beginning of each Congress. The vice chairman shall act in place of the chairman in the absence of the chairman. The chairmanship shall alternate between the Senate and the House of Representatives with each Congress, and the chairman shall be selected by the Members from that House entitled to the chairmanship. The vice chairman shall be chosen from the House other than that of the chairman by the Members from that House. ``(5) The joint committee may appoint and fix the compensation of such staff as it deems necessary. ``(6)(A) Notwithstanding any law, rule, or other authority, there shall be paid out of the applicable accounts of the House of Representatives such sums as may be necessary for one-half of the expenses of the joint committee. Such payments shall be made on vouchers signed by the chairman or vice chairman of the joint committee who is a Member of the House of Representatives, as the case may be, and approved in the manner directed by the Committee on House Administration of the House of Representatives. Amounts made available under this paragraph shall be expended in accordance with regulations prescribed by the Committee on House Administration of the House of Representatives. ``(B) (To be supplied by the Senate).''. SEC. 3. CONSIDERATION IN THE HOUSE OF REPRESENTATIVES AND THE SENATE. (a) House of Representatives.--Section 802 of title 5, United States Code, is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f)(1) In the House, after the third legislative day after the date on which the joint committee has reported a joint resolution described in subsection (a), it is in order for any Member of the House to move to proceed to consideration of the joint resolution. All points of order against the motion to proceed and against consideration of that motion are waived. The motion is privileged in the House and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the House shall immediately proceed to consideration of the joint resolution without intervening motion (except one motion to adjourn), order, or other business. ``(2)(A) In the House, debate shall be confined to the joint resolution and shall not exceed one hour equally divided and controlled by a proponent and an opponent of the joint resolution. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion, except one motion to recommit. A motion to reconsider the vote on passage of the joint resolution shall not be in order.''. (b) Senate.--The first sentence of section 802(d)(1) of title 5, United States Code, is amended by inserting ``any Member of the Senate to make'' before ``a motion to proceed''. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Congressional Review.--Section 801(a) of title 5, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``each House of Congress'' and inserting ``the joint committee''; (2) in paragraph (1)(B), by striking ``each House of Congress'' and inserting ``the joint committee''; (3) by amending paragraph (1)(C) to read as follows: ``(C) Upon receipt of a report submitted under subparagraph (A), the chairman or vice chairman of the joint committee shall provide copies of the report to the chairman and ranking member of each applicable standing committee with jurisdiction under the rules of the House of Representatives or the Senate of the subject matter of the provision of law under which the rule is issued.''; (4) in paragraph (2)(A), by striking ``committees of jurisdiction in each House of the Congress'' and inserting ``joint committee''; (5) in paragraph (3)(A)(i), by striking ``Congress'' and inserting ``joint committee''; and (6) in paragraph (4), by striking ``Congress'' and inserting ``the joint committee''. (b) Congressional Disapproval Procedure.--Section 802 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``Congress'' the first place it appears and inserting ``the joint committee''; (2) by striking subsection (b) and inserting the following new subsection: ``(b) For purposes of this section, the term `submission or publication date' means the later of the date on which-- ``(1) the joint committee receives the report submitted under section 801(a)(1); or ``(2) the rule is published in the Federal Register, if so published.''; (3) in subsection (c), by striking ``committee to which is referred a joint resolution described in subsection (a) has not reported such'' and inserting ``joint committee has not reported a''; and (4) in subsection (d)(1), by striking ``committee to which is referred a joint resolution is referred has reported'' and inserting ``joint committee'' and by striking ``a committee'' and inserting ``the joint committee''. (c) Definitions.--Section 804 of title 5, United States Code, is amended by adding at the end the following new paragraph: ``(4) The term `joint committee' refers to the Joint Committee on Agency Rule Review.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by it shall take effect at noon on January 3, 2005.", "summary": "Joint Committee on Agency Rule Review Act of 2003 (JCARR Act) - Amends Federal law to establish the Joint Committee on Agency Rule Review. Prescribes a procedure for expedited consideration by the House of Representatives of a joint resolution reported by such committee disapproving an agency rule."}
{"article": "SECTION 1. EXPORT-IMPORT BANK ASSISTANCE FOR EXPORTS TO CHINA CONDITIONED ON ADHERENCE TO CODE OF CONDUCT. (a) In General.--Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)) is amended by adding at the end the following: ``(f) Assistance for Exports to China Conditioned Upon Adherence to Code of Conduct.-- ``(1) Prohibitions.-- ``(A) Pre-assistance condition.--The Bank shall not guarantee, insure, extend credit, or participate in the extension of credit to an entity with respect to the export of any good or service destined for the People's Republic of China unless the Board of Directors determines that the entity has established and is adhering to the code of conduct set forth in paragraph (2). ``(B) Penalty for violation.--The Bank shall withdraw any guarantee, insurance, or credit that the Bank has provided, and shall withdraw from any participation in an extension of credit, to an entity with respect to the export of any good or service destined for the People's Republic of China if the Board of Directors determines that the entity is not adhering to the code of conduct set forth in paragraph (2). ``(2) Code of conduct.--An entity shall do all of the following in all of its operations: ``(A) Provide a safe and healthy workplace. ``(B) Ensure fair employment, including by-- ``(i) avoiding child and forced labor, and discrimination based upon race, gender, national origin, or religious beliefs; ``(ii) respecting freedom of association and the right to organize and bargain collectively; ``(iii) paying not less than the minimum wage required by law or the prevailing industry wage, whichever is higher; and ``(iv) providing all legally mandated benefits. ``(C) Obey all applicable environmental laws. ``(D) Comply with United States and local laws promoting good business practices, including laws prohibiting illicit payments and ensuring fair competition. ``(E) Maintain, through leadership at all levels, a corporate culture-- ``(i) which respects free expression consistent with legitimate business concerns, and does not condone political coercion in the workplace; ``(ii) which encourages good corporate citizenship and makes a positive contribution to the communities in which the entity operates; and ``(iii) in which ethical conduct is recognized, valued, and exemplified by all employees. ``(F) Require similar behavior by partners, suppliers, and subcontractors under terms of contracts. ``(G) Implement and monitor compliance with the subparagraphs (A) through (F) through a program that is designed to prevent and detect noncompliance by any employee or supplier of the entity and that includes-- ``(i) standards for ethical conduct of employees of the entity and of suppliers which refer to the subparagraphs; ``(ii) procedures for assignment of appropriately qualified personnel at the management level to monitor and enforce compliance; ``(iii) procedures for reporting noncompliance by employees and suppliers; ``(iv) procedures for selecting qualified individuals who are not employees of the entity or of suppliers to monitor compliance, and for assessing the effectiveness of such compliance monitoring; ``(v) procedures for disciplinary action in response to noncompliance; ``(vi) procedures designed to ensure that, in cases in which noncompliance is detected, reasonable steps are taken to correct the noncompliance and prevent similar noncompliance from occurring; and ``(vii) communication of all standards and procedures with respect to the code of conduct to every employee and supplier-- ``(I) by requiring all management level employees and suppliers to participate in a training program; or ``(II) by disseminating information orally and in writing, through posting of an explanation of the standards and procedures in prominent places sufficient to inform all employees and suppliers, in the local languages spoken by employees and managers. ``(3) Small business exception.--This subsection shall not apply to an entity that is a small business (within the meaning of the Small Business Act).''. (b) Annual Report.--Section 2(b)(1)(A) of such Act (12 U.S.C. 635(b)(1)(A)) is amended by adding at the end the following: ``The Bank shall include in the annual report a description of the actions the Bank has taken to comply with subsection (f) during the period covered by the report.''. (c) Sense of the Congress.--It is the sense of the Congress that the Export-Import Bank of the United States and the Clearinghouse on Corporate Responsibility that is being developed by the Department of Commerce should work together to ensure that businesses are made aware of, and have access to, resources and organizations that can assist businesses in developing, implementing, and monitoring global codes of corporate conduct.", "summary": "Amends the Export-Import Bank Act of 1945 to prohibit the Export-Import Bank of the United States from guaranteeing, insuring, or extending credit to an entity (except a small business) with respect to the export of any good or service to China unless the Board of Directors of the Bank determines that such entity is adhering to certain environmental and fair employment principles under a corporate code of conduct. Expresses the sense of the Congress that the Bank and the Clearinghouse on Corporate Responsibility that is being developed by the Department of Commerce should work together to ensure that businesses are made aware of, and have access to, resources and organizations that can assist them in developing and monitoring global codes of corporate conduct."}
{"article": "SECTION 1. CONVEYANCE OF FT. LYON DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, COLORADO, TO THE STATE OF COLORADO. (a) Conveyance Authorized.--Notwithstanding any other provision of law and subject to the provisions of this section, the Secretary of Veterans Affairs may convey, without consideration, to the State of Colorado all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon other than Kit Carson Chapel, consisting of approximately 512 acres and comprising the location of the Ft. Lyon Department of Veterans Affairs Medical Center. The purpose of the conveyance is to permit the State of Colorado to utilize the property for purposes of a correctional facility. (b) Public Access.--(1) The Secretary may not make the conveyance of real property authorized by subsection (a) unless the State of Colorado agrees to provide appropriate public access to Kit Carson Chapel and the cemetery located on the real property. (2) The State of Colorado may satisfy the condition specified in paragraph (1) with respect to Kit Carson Chapel by relocating the chapel to Fort Lyon National Cemetery, Colorado, or another appropriate location jointly selected by the Secretary and the State of Colorado. (c) Replacement Facilities.--The Secretary may not make the conveyance authorized by subsection (a) until the date on which the Secretary opens not less than three health care facilities, and a nursing home care facility, in Veterans Integrated Service Network (VISN) 19, which shall serve as replacement facilities for the Ft. Lyon Department of Veterans Affairs Medical Center. (d) Environmental Restoration.--The Secretary may not make the conveyance authorized by subsection (a) until the Secretary completes the evaluation and performance of any environmental restoration activities required by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and by any other provision of law. (e) Personal Property.--As part of the conveyance authorized by subsection (a), the Secretary may convey, without consideration, to the State of Colorado any furniture, fixtures, equipment, and other personal property associated with the property conveyed under that subsection that the Secretary determines is not required for purposes of the Department of Veterans Affairs health care facilities to be established by the Secretary in southern Colorado or for purposes of Ft. Lyon National Cemetery. (f) Legal Description.--The exact acreage and legal description of the real property to be conveyed under subsection (a), and of any fixtures and other personal property conveyed under subsection (e), shall be determined by a survey, and by such other methods, as are satisfactory to the Secretary. Any costs associated with activities under this subsection shall be borne by the State of Colorado. (g) Additional Terms and Conditions.--The Secretary may require such other terms and conditions in connection with the conveyances authorized by subsections (a) and (e) as the Secretary considers appropriate to protect the interests of the United States. SEC. 2. EFFECT OF CLOSURE OF FT. LYON DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER ON ADMINISTRATION OF HEALTH CARE FOR VETERANS. (a) Payment for Nursing Home Care.--Notwithstanding any limitation under section 1720 or 1741 of title 38, United States Code, the Secretary of Veterans Affairs may pay the State of Colorado, or any private nursing home care facility, for costs incurred in providing nursing home care to any veteran who is relocated from the Ft. Lyon Department of Veterans Affairs Medical Center, Colorado, to the State of Colorado or such private facility, as the case may be, as a result of the closure of the Ft. Lyon Department of Veterans Affairs Medical Center. (b) Obligation To Provide Extended Care Services.--Nothing in this Act may be construed to alter or otherwise effect the obligation of the Secretary to meet the requirements of section 1710B(b) of title 38, United States Code, relating to staffing and levels of extended care services in fiscal years after fiscal year 1998. (c) Extension of Voluntary Early Retirement Authority.-- Notwithstanding section 1109(a) of the Department of Veterans Affairs Employment Reduction Assistance Act of 1999 (title XI of Public Law 106-117; 113 Stat. 1599; 5 U.S.C. 5597 note), the authority to pay voluntary separation incentive payments under that Act to employees of the Ft. Lyon Department of Veterans Affairs Medical Center shall apply to eligible employees (as defined by section 1110 of that Act) at the Ft. Lyon Department of Veterans Affairs Medical Center whose separation occurs before June 30, 2001. (d) Report on Veterans Health Care in Southern Colorado.--Not later than one year after the conveyance, if any, authorized by section 1, the Under Secretary for Health of the Department of Veterans Affairs, acting through the Director of Veterans Integrated Service Network (VISN) 19, shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the status of the health care system for veterans under the Network in the Southern Colorado. The report shall describe any improvements to the system in Southern Colorado that have been put into effect in the period beginning on the date of the conveyance and ending on the date of the report.", "summary": "Prohibits the Secretary from making the conveyance unless the State agrees to provide public access to the Chapel and the cemetery located on such property. Permits the State to satisfy such condition respecting the chapel by relocating it to Ft. Lyon National Cemetery, Colorado, or another appropriate location jointly selected by the Secretary and the State. Prohibits the Secretary from making the conveyance until: (1) the date on which the Secretary opens not less than three health care facilities, and a nursing home care facility, in Veterans Integrated Service Network (VISN) 19, which shall serve as replacement facilities for the Medical Center; and (2) the Secretary completes required environmental restoration activities. Authorizes the Secretary to pay the State or any private nursing home care facility for costs incurred in providing nursing home care to any veteran who is relocated from the Medical Center as a result of the Medical Center's closure. States that the authority to pay voluntary separation incentive payments under the Department of Veterans Affairs Employment Reduction Assistance Act of 1999 to employees of the Medical Center shall apply to eligible employees whose separation occurs before June 30, 2001. Requires the Under Secretary for Health of the Department, acting through the Director of VISN 19, not later than one year after the conveyance, to submit to congressional veterans affairs committees a report on the status of the health care system for veterans under VISN in southern Colorado describing any improvements to such system in southern Colorado that have been put into effect since the date of such conveyance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Privatization and Outsourcing Moratorium Act''. SEC. 2. MORATORIUM ON PRIVATIZATION AND OUTSOURCING OF DEPARTMENT OF DEFENSE FUNCTIONS. (a) Findings.--Congress finds the following: (1) There is conflicting evidence that the current privatization and outsourcing efforts of the Department of Defense, including the Departments of the Army, Navy, and Air Force, are reducing the cost of support functions within the Department. (2) Typically, these privatization and outsourcing efforts result in contractors simply replacing civilian employees of the Department at lower initial costs, but higher longer-term costs, while stagnating organizational improvements that would otherwise result in greater efficiencies and effectiveness. (3) Recent and current privatization and outsourcing efforts in some cases appear to have created serious oversight and accountability problems for the Department. (4) The Department, as a general practice, has adjusted the operating budgets of the Armed Forces and specific military installations to reflect savings anticipated as a result of Office of Management and Budget Circular A-76 studies and subsequent privatization and outsourcing activities. (5) The massive drawdowns in the size of the Armed Forces during the 1990's and the restructuring of military installations through the base closure process have created a climate in which making accurate decisions concerning privatization and outsourcing are further complicated due to the dynamic nature of the civilian workforce of the Department. (6) The Department should pursue alternatives to the privatization and outsourcing approach conducted under the A-76 process, such as ``Strategic Sourcing'', to find its most efficient organization to perform commercial or industrial type functions. (b) Moratorium.--(1) Chapter 146 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2475. Moratorium on privatization and outsourcing ``(a) Moratorium.--(1) During the period specified in subsection (b), any commercial or industrial type function of the Department of Defense that, as of the date of the enactment of this section, is being performed by Department of Defense civilian employees may not be changed to performance by the private sector. ``(2) The moratorium applies to a function even though, as of the date of the enactment of this section, the function-- ``(A) is the subject of a study or report under section 2461 of this title for conversion to contractor performance; or ``(B) is being considered for such conversion under the procedures and requirements of Office of Management and Budget Circular A-76. ``(3) As part of the moratorium, the Secretary of Defense shall order the suspension of any study being conducted under section 2461 of this title or Office of Management and Budget Circular A-76 regarding a commercial or industrial type function of the Department. New studies regarding such a function at a military installation may not be commenced under such section or circular during the period of the moratorium. ``(b) Duration of Moratorium.--The moratorium imposed under subsection (a) begins on the date of the enactment of this section and shall continue until the end of the five-year period beginning on the date the Secretary of Defense certifies to Congress that all actions necessary to carry out the 1995 round of base closures and realignments have been completed under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). ``(c) Exception.--The moratorium imposed under subsection (a) does not apply to a commercial or industrial type function of the Department of Defense that is being converted, or is being considered for conversion, to performance by the private sector under a Strategic Sourcing or Business Process and Re-engineering plan of the Department. ``(d) Report Evaluating Conversion to Contractor Performance.--(1) Not later than 18 months after the date of the enactment of this section, the Secretary of Defense shall submit to Congress a report evaluating-- ``(A) each conversion of a commercial or industrial type function of the Department of Defense to contractor performance that was carried out, in whole or in part, since October 1, 1996; and ``(B) each commercial or industrial type function of the Department that was considered, since that date, for conversion to contractor performance under section 2461 of this title or Office of Management and Budget Circular A-76, but that was not converted. ``(2) At a minimum, the report shall contain the following information for each function covered by the report: ``(A) The code, title, and actual functions performed by civilian employees of the Department. ``(B) The cost to study the function for possible conversion. ``(C) The number of civilian employees affected. ``(D) The personnel cost of the conversion, including costs resulting from reduction in force, retirement, retraining and other movement and separation costs. ``(E) The cost and identity of materials, equipment and facilities provided contractors in conversion to contractor performance. ``(F) The cost of the initial contract, the number of employees expected to perform the function, and variants in each thereafter. ``(3) The report shall also contain the following aggregate information for the functions covered by the report: ``(A) The average annual costs or savings associated with all Department conversions to contractor performance. ``(B) The overall average annual costs or savings resulting from efficiencies achieved in Department functions described in paragraph (1)(B). ``(e) Effect of Moratorium on Operating Budgets.--On account of the moratorium imposed under subsection (a), the Secretary of Defense shall provide for an adjustment in the operating budgets of the armed forces and military installations to compensate for the fact that the operating budgets of the armed forces and many military installations were reduced, before the start of the moratorium, to reflect future savings anticipated as a result of completing the A-76 competitive study process and converting to contractor performance those commercial and industrial type functions of the Department of Defense that are now subject to the moratorium.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2475. Moratorium on privatization and outsourcing.''.", "summary": "Requires the Secretary to report to Congress evaluating: (1) each conversion that was carried out since October 1, 1996; and (2) each function that was considered for conversion since such date, but not converted. Directs the Secretary, on account of such moratorium, to provide for an adjustment in the operating budgets of the armed forces and military installations to compensate for the fact that such budgets were previously reduced to reflect savings anticipated from the conversion of such functions to private sector performance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Effective Regulation and Assessment Systems for Public Schools Act''. SEC. 2. COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR PUBLIC SCHOOLS. (a) In General.--The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding at the end the following: ``TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR PUBLIC SCHOOLS ``SEC. 10001. DEFINITIONS. ``In this title: ``(1) Chairperson.--The term `Chairperson' means the Chairperson of the Commission. ``(2) Commission.--The term `Commission' means the Commission on Effective Regulation and Assessment Systems for Public Schools. ``(3) Relevant committees.--The term `relevant committees' means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. ``SEC. 10002. ESTABLISHMENT OF COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR PUBLIC SCHOOLS. ``(a) In General.--Not later than 30 days after the date of enactment of the Commission on Effective Regulation and Assessment Systems for Public Schools Act, the Secretary shall establish a commission to be known as the `Commission on Effective Regulation and Assessment Systems for Public Schools'. ``(b) Purpose.--The Commission shall-- ``(1) examine Federal, State, and local regulatory requirements on elementary and secondary education; ``(2) make recommendations on how to align and improve such Federal, State, and local requirements to improve performance and innovation; ``(3) examine the quality and purpose of current Federal, State, and local assessment requirements; and ``(4) make recommendations to improve and align assessment systems to provide quality and meaningful information for parents, teachers, and students to improve student achievement, teacher performance, and innovation. ``(c) Membership.-- ``(1) Composition.--The Commission shall be composed of-- ``(A) 4 Governors; ``(B) 6 State legislators; ``(C) 2 Chief State school officers; ``(D) 2 State officials responsible for administering Federal education programs; ``(E) 4 superintendents; ``(F) 2 principals; ``(G) 2 teachers; ``(H) 2 assessment experts; and ``(I) 2 teacher and principal effectiveness experts. ``(2) Recommendations.--The Secretary shall solicit input and nominations for appointing members of the Commission from-- ``(A) Governors; ``(B) members of Congress; ``(C) State legislators; ``(D) superintendents, principals, teachers, and other members of the education community; and ``(E) parents, students, and other members of the general public. ``(3) Determination.--The Secretary shall determine the membership of the Commission after considering recommendations submitted under paragraph (2). ``(d) Chairperson.--The Secretary shall designate a Governor as the Chairperson of the Commission. ``(e) Meetings.--The Commission shall hold, at the call of the Chairperson, at least 1 meeting every 6 months. All such meetings shall be open to the public. The Commission may hold, at the call of the Chairperson, such other meetings as the Chairperson sees fit to carry out this title. ``(f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. ``(g) Initial Meeting.--The Commission shall hold its first meeting not later than 60 days after the date of enactment of the Commission on Effective Regulation and Assessment Systems for Public Schools Act. ``SEC. 10003. POWERS OF THE COMMISSION. ``(a) Hearings.-- ``(1) In general.--The Commission shall hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission determines appropriate to carry out this title. ``(2) Participation.--In hearings held under this subsection, the Commission shall consider inviting witnesses from, among other groups-- ``(A) teachers; ``(B) parents; ``(C) principals; ``(D) superintendents; ``(E) Federal, State, and local educational agency personnel; ``(F) researchers and other experts; and ``(G) any other individuals determined appropriate by the Commission. ``(b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this title. Upon request of the Chairperson, the head of such department or agency shall furnish such information to the Commission. ``SEC. 10004. DUTIES OF THE COMMISSION. ``(a) Duties.-- ``(1) In general.--The Commission shall take such actions as it determines necessary to gain a full understanding of the issues of effective regulation and assessment systems for public schools. ``(2) Areas of emphasis.--The Commission shall focus-- ``(A) in examining the over-regulation of public schools, on-- ``(i) examining Federal, State and local regulations governing public schools; ``(ii) differentiating between financial, programmatic, general education, special education, and civil rights requirements; ``(iii) identifying which government entity requires each regulation; ``(iv) measuring the cost of compliance in terms of funds spent on compliance and time in hours and personnel; ``(v) identifying duplicative, redundant, or unnecessary regulations at each governmental level; and ``(vi) investigating how Federal, State, and local interpretations of laws and regulations create additional or unnecessary burden and are used as rationale for imposing requirements that are not actually mandated by law; and ``(B) in examining the effective testing of public schools, on-- ``(i) examining Federal, State, and local testing and standardized assessment requirements for public elementary schools, middle schools, and high schools; ``(ii) determining the purpose and intent of each such test or assessment, including whether it is intended to measure student achievement and growth, teacher and principal effectiveness, or system accountability; ``(iii) determining the frequency, length, and scheduling of such tests and assessments, and measuring, in hours and days, the student and teacher time spent on testing; ``(iv) examining standardized assessments required by Federal, State, or local requirements, excluding teacher-created tests and quizzes and formative assessments; ``(v) reporting on the quality of standardized assessments; ``(vi) examining reporting practices of test results and the degree to which they are returned in a timely manner with sufficient quality to be useful to parents, teachers and principals, and students to inform and improve their work, including targeting instruction to student needs, grading student work, and evaluating teacher and principal effectiveness; ``(vii) analyzing the ability of quality assessments to measure whether a student is prepared to graduate from high school and pursue college or a career without the need for academic remediation; ``(viii) examining what factors most contribute to quality assessments and the extent to which high-quality assessments can advance student learning; ``(ix) determining the technology infrastructure required for next generation assessments; and ``(x) identifying opportunities to improve assessment practices to better promote parent, teacher and principal, and student understanding of progress toward college and career readiness and public understanding of school performance and educational productivity. ``(3) Samples.--In conducting its work under this title, the Commission may rely on samples of States and local school districts for examples of regulations and testing requirements. ``(b) Reports.-- ``(1) In general.--Subject to paragraph (2), the Commission shall provide regular reports in a manner and form of the Commission's choosing to-- ``(A) the Secretary; and ``(B) the members of the relevant committees. ``(2) Annual report.--Not later than 1 year after the date of the first meeting of the Commission, and annually thereafter, the Commission shall issue a report to-- ``(A) the Secretary; and ``(B) the members of the relevant committees. ``(3) Public report.--The Commission shall-- ``(A) prepare a report-- ``(i) analyzing findings of the Commission; and ``(ii) making recommendations for Federal, State, and local policy makers; and ``(B) broadly disseminate such report to the general public. ``(c) Testimony.--The Chairperson shall annually provide testimony to the relevant committees. ``SEC. 10005. COMMISSION PERSONNEL MATTERS. ``(a) Compensation of Members.--Each member of the Commission shall serve without compensation in addition to any such compensation received for the member's service as an officer or employee of the United States, if applicable. ``(b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ``(c) Assistance.-- ``(1) In general.--The Assistant Secretary of Elementary and Secondary Education shall provide assistance to the Commission, upon request of the Commission, without reimbursement. ``(2) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR PUBLIC SCHOOLS ``Sec. 10001. Definitions. ``Sec. 10002. Establishment of Commission on Effective Regulation and Assessment Systems for Public Schools. ``Sec. 10003. Powers of the Commission. ``Sec. 10004. Duties of the Commission. ``Sec. 10005. Commission personnel matters.''.", "summary": "Commission on Effective Regulation and Assessment Systems for Public Schools Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to establish the Commission on Effective Regulation and Assessment Systems for Public Schools, composed of certain government officials, educators, and education policy experts. Requires the Commission to: (1) examine the effect government regulations have on elementary and secondary education; (2) recommend ways to align and improve those regulations to improve performance and innovation in education; and (3) recommend ways to improve and align assessment systems to provide reliable and meaningful information to parents, teachers, and students to improve student achievement, teacher performance, and innovation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Accountability and Oversight in Syria Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Section 502B of the Foreign Assistance Act of 1961 mandates that no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights. (2) Section 523 of the Foreign Assistance Act of 1961 states that none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated to finance indirectly any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North Korea, or Sudan, unless the President of the United States certifies that the withholding of these funds is contrary to the national interest of the United States. (3) Under the terms of Resolution 2043 of April 21, 2012, the United Nations Security Council established a United Nations Supervision Mission in Syria (UNSMIS), for an initial period of 90 days, under the command of a Chief Military Observer, comprising an initial deployment of up to 300 unarmed military observers as well as an appropriate civilian component to fulfill the following mandate: To monitor a cessation of armed violence in all its forms by all parties and to monitor and support the full implementation of the UNSMIS' six-point plan. (4) On June 15, 2012, UNSMIS suspended its activities owing to an intensification of armed violence across the country. (5) On July 20, 2012, the Security Council extended UNSMIS for a final period of 30 days. According to Resolution 2059, the Council would only consider further extensions to the mission ``in the event that the Secretary-General reports and the Security Council confirms the cessation of the use of heavy weapons and a reduction in the level of violence sufficient by all sides'' to allow UNSMIS to implement its mandate. (6) As the conditions set by the Security Council had not been met, UNSMIS mandate ended at midnight on August 19, 2012. (7) The al-Nusrah Front is designated by the Department of State as a Foreign Terrorist Organization. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Government of Syria should immediately cease the use of heavy weapons in population centers; (2) all parties within Syria should bring about a cessation of armed violence in all its forms; (3) the Secretary of State should continue to list Syria as a state sponsor of terrorism; (4) in accordance with international law, the Government of Syria should immediately cease the use of chemical weapons; and (5) if the President considers initiating military action, including imposition of a ``no fly'' zone or other military operations on Syrian territory, airspace, or waters-- (A) according to article I, section 8, of the United States Constitution, ``The Congress shall have Power To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.''; (B) according to the War Powers Resolution, ``The constitutional powers of the President as Commander-in- Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.''; and (C) the President should adhere to the War Powers Resolution and obtain specific statutory authorization for the use of the United States Armed Forces in response to the war in Syria. SEC. 4. AUTHORIZATION OF ASSISTANCE TO CONDUCT MILITARY OR PARAMILITARY OPERATIONS IN SYRIA. (a) Authorization.--Notwithstanding any other provision of law, no assistance of any kind may be provided by any United States Government agency for the purpose, or which would have the effect, of promoting, augmenting, directly or indirectly, the capacity of any nation, group, organization, movement, or individual to conduct military or paramilitary operations in Syria, unless and until Congress expressly authorizes such assistance by law enacted after the date of enactment of this section. (b) Exception.--Subsection (a) does not apply to assistance that is solely provided for humanitarian purposes.", "summary": "Congressional Accountability and Oversight in Syria Act - Prohibits assistance (except for humanitarian assistance) for the purpose, or which would have the effect, of promoting the capacity of any nation, group, organization, movement, or individual to conduct military or paramilitary operations in Syria, unless and until Congress expressly authorizes such assistance by law."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Privacy and Nondiscrimination Act of 2003''. SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Amendments Relating to the Group Market.-- (1) Prohibition of health discrimination on the basis of genetic information in the group market.-- (A) No enrollment restriction for genetic services.--Section 2702(a)(1)(F) of the Public Health Service Act (42 U.S.C. 300gg-1(a)(1)(F)) is amended by inserting before the period the following: ``(including information about a request for or receipt of genetic services)''. (B) No discrimination in premiums based on predictive genetic information.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following new section: ``SEC. 2707. PROHIBITING PREMIUM DISCRIMINATION AGAINST GROUPS ON THE BASIS OF PREDICTIVE GENETIC INFORMATION IN THE GROUP MARKET. ``A group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan shall not adjust premium or contribution amounts for a group on the basis of predictive genetic information concerning any individual (including a dependent) or family member of the individual (including information about a request for or receipt of genetic services).''. (C) Conforming amendment.--Section 2702(b) of the Public Health Service Act (42 U.S.C. 300gg-1(b)) is amended by adding at the end the following: ``(3) Reference to related provision.--For a provision prohibiting the adjustment of premium or contribution amounts for a group under a group health plan on the basis of predictive genetic information (including information about a request for or receipt of genetic services), see section 2707.''. (2) Definitions.--Section 2791(d) of the Public Health Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at the end the following: ``(15) Family member.--The term `family member' means, with respect to an individual-- ``(A) the spouse of the individual; ``(B) a dependent child of the individual; and ``(C) all other individuals related by blood to the individual or the spouse or child described in subparagraph (A) or (B). ``(16) Genetic services.--The term `genetic services' means health services for an individual provided to interpret and assess predictive genetic information for diagnostic or therapeutic purposes as well as to counsel individuals regarding the use of specific predictive genetic information. ``(17) Predictive genetic information.-- ``(A) In general.--The term `predictive genetic information' means individually identifiable information which identifies the presence, absence, variation, alteration, or modification of a human gene or genes that-- ``(i) are scientifically or medically identifiable; and ``(ii) are-- ``(I) known to be a primary cause of a disease, disorder, or syndrome in a person, or associated with a significantly increased statistical risk of development of a disease, disorder, or syndrome in a person, but which have not resulted in signs in the person that would otherwise permit diagnosis of the disease, disorder, or syndrome; or ``(II) associated with an increased statistical risk of a person having offspring with a disease, disorder, or syndrome. ``(B) Limitations.--The term `predictive genetic information' does not include-- ``(i) information from which individual identifiers are removed, encoded, or encrypted to prevent disclosure of the individual's identity; ``(ii) information for research conducted in compliance with the regulations and protections provided for under parts 50 and 56 of title 21 and under part 46 of title 45, Code of Federal Regulations; or ``(iii) information related to a manifested disease, disorder, impairment, or condition which could be reasonably detected by a health care professional with appropriate training and expertise in the field of medicine involved. ``(18) Predictive genetic test.--The term `predictive genetic test' means a laboratory test on a biological sample of a person performed solely to obtain predictive genetic information.''. (b) Amendments Relating to the Individual Market.--The first subpart 3 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et seq.) (relating to other requirements) is amended by adding at the end the following: ``SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON THE BASIS OF PREDICTIVE GENETIC INFORMATION. ``(a) Prohibition on Predictive Genetic Information as a Condition of Eligibility.--A health insurance issuer offering health insurance coverage in the individual market may not use predictive genetic information as a condition of eligibility of an individual to enroll in individual health insurance coverage (including information about a request for or receipt of genetic services). ``(b) Prohibition on Predictive Genetic Information in Setting Premium Rates.--A health insurance issuer offering health insurance coverage in the individual market shall not adjust premium rates for individuals on the basis of predictive genetic information concerning such an individual (including a dependent) or a family member of the individual (including information about a request for or receipt of genetic services).''. (c) Effective Date.--The amendments made by this section shall apply with respect to-- (1) group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning after 1 year after the date of enactment of this Act; and (2) health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after 1 year after the date of enactment of this Act.", "summary": "Genetic Privacy and Nondiscrimination Act of 2003 - Amends the Public Health Service Act to prohibit a group or individual health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts on the basis of predictive genetic information about an individual or family member of such individual."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Abuse Access to Health Insurance Act''. SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION RELATING TO VICTIMS OF CERTAIN CRIMES. (a) In General.--No insurer may engage in a practice that has the effect of denying, canceling, or limiting health insurance coverage or health benefits, or establishing, increasing, or varying the premium charged for the coverage or benefits-- (1) to or for an individual on the basis that the individual is, has been, or may be the victim of domestic violence; or (2) to or for a group or employer on the basis that the group includes or the employer employs, or provides or subsidizes insurance for, an individual described in paragraph (1). (b) Pre-Existing Conditions.-- (1) In general.--A health benefit plan may not consider a condition or injury that occurred as a result of domestic violence as a pre-existing condition. (2) Preexisting condition.--As used in paragraph (1), the term ``preexisting condition'' means, with respect to coverage under a health benefit plan, a condition which was diagnosed, or which was treated, prior to the first date of such coverage (without regard to any waiting period). SEC. 3. CIVIL AND CRIMINAL REMEDIES AND PENALTIES. (a) In General.--Whoever violates the provisions of this Act shall be-- (1) subject to a fine in an amount provided for under title 18, United States Code, for a class A misdemeanor not resulting in death; (2) subject to the imposition of a civil monetary penalty; and (3) subject to the commencement by the aggrieved party of a civil action under subsection (b). (b) Civil Remedies.-- (1) In general.--Any individual aggrieved by reason of the conduct prohibited in this Act may commence a civil action for the relief set forth in paragraph (2). (2) Relief.--In any action under paragraph (1), the court may award appropriate relief, including temporary, preliminary, or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for plaintiffs attorneys and expert witnesses. With respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $5,000 per violation. (3) Concurrent jurisdiction.--Both Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this section. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Domestic violence.--The term ``domestic violence'' means the occurrence of one or more of the following acts between household or family (including in-laws or extended family) members, spouses or former spouses, or individuals engaged in or formerly engaged in a sexually intimate relationship: (A) Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury, rape, assault, sexual assault, or involuntary sexual intercourse. (B) Knowingly engaging in a course of conduct or repeatedly committing acts toward another individual, including following the individual, without proper authority, under circumstances that place the individual in reasonable fear of bodily injury. (C) Subjecting another to false imprisonment. (2) Insurer.-- (A) In general.--The term ``insurer'' means a health benefit plan, a health care provider, an entity that self-insures, or a Federal or State agency or entity that conducts activities related to the protection of public health. (B) Health benefit plan.--The term ``health benefit plan'' means any public or private entity or program that provides for payments for health care, including-- (i) a group health plan (as defined in section 607 of the Employee Retirement Income Security Act of 1974) or a multiple employer welfare arrangement (as defined in section 3(40) of such Act) that provides health benefits; (ii) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract; (iii) workers' compensation or similar insurance to the extent that it relates to workers' compensation medical benefits (as defined by the Secretary of Health and Human Services); and (iv) automobile medical insurance to the extent that it relates to medical benefits (as defined by the Secretary of Health and Human Services). SEC. 5. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT. For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C. 1012(b); commonly known as the McCarran-Ferguson Act), this Act shall be considered to specifically relate to the business of insurance. SEC. 6. REGULATIONS. The Secretary of Health and Human Services shall issue regulations to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect 90 days after the date of the enactment of this Act.", "summary": "Victims of Abuse Access to Health Insurance Act - Prohibits health insurers from discriminating against an individual or group because the individual is or may be a victim of domestic violence. Prohibits considering a condition or injury resulting from domestic violence as a pre-existing condition. Mandates civil and criminal penalties and provides for injunctive relief and compensatory and punitive damages. Declares that, for the purposes of the McCarran-Ferguson Act, this Act specifically relates to the business of insurance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Fraud Enforcement Act of 2009''. SEC. 2. ENHANCEMENTS TO CRIMINAL LAWS RELATING TO HEALTH CARE FRAUD. (a) Fraud Sentencing Guidelines.-- (1) Definition.--In this subsection, the term ``Federal health care offense'' has the meaning given that term in section 24 of title 18, United States Code, as amended by this Act. (2) Review and amendments.--Pursuant to the authority under section 994 of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall-- (A) review the Federal Sentencing Guidelines and policy statements applicable to persons convicted of Federal health care offenses; (B) amend the Federal Sentencing Guidelines and policy statements applicable to persons convicted of Federal health care offenses involving Government health care programs to provide that the aggregate dollar amount of fraudulent bills submitted to the Government health care program shall constitute prima facie evidence of the amount of the intended loss by the defendant; and (C) amend the Federal Sentencing Guidelines to provide-- (i) a 2-level increase in the offense level for any defendant convicted of a Federal health care offense relating to a Government health care program which involves a loss of not less than $1,000,000 and less than $7,000,000; (ii) a 3-level increase in the offense level for any defendant convicted of a Federal health care offense relating to a Government health care program which involves a loss of not less than $7,000,000 and less than $20,000,000; (iii) a 4-level increase in the offense level for any defendant convicted of a Federal health care offense relating to a Government health care program which involves a loss of not less than $20,000,000; and (iv) if appropriate, otherwise amend the Federal Sentencing Guidelines and policy statements applicable to persons convicted of Federal health care offenses involving Government health care programs. (3) Requirements.--In carrying this subsection, the United States Sentencing Commission shall-- (A) ensure that the Federal Sentencing Guidelines and policy statements-- (i) reflect the serious harms associated with health care fraud and the need for aggressive and appropriate law enforcement action to prevent such fraud; and (ii) provide increased penalties for persons convicted of health care fraud offenses in appropriate circumstances; (B) consult with individuals or groups representing health care fraud victims, law enforcement officials, the health care industry, and the Federal judiciary as part of the review described in paragraph (2); (C) ensure reasonable consistency with other relevant directives and with other guidelines under the Federal Sentencing Guidelines; (D) account for any aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the Federal Sentencing Guidelines, as in effect on the date of enactment of this Act, provide sentencing enhancements; (E) make any necessary conforming changes to the Federal Sentencing Guidelines; and (F) ensure that the Federal Sentencing Guidelines adequately meet the purposes of sentencing. (b) Intent Requirement for Health Care Fraud.--Section 1347 of title 18, United States Code, is amended-- (1) by inserting ``(a)'' before ``Whoever knowingly''; and (2) by adding at the end the following: ``(b) With respect to violations of this section, a person need not have actual knowledge of this section or specific intent to commit a violation of this section.''. (c) Kickbacks.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended by adding at the end the following new subsection: ``(g) In addition to the penalties provided for in this section or section 1128A, a claim for items or services that are provided in violation of this section constitutes a false or fraudulent claim for purposes of subchapter III of chapter 37 of title 31, United States Code.''. (d) Health Care Fraud Offense.--Section 24(a) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking the semicolon and inserting ``or section 1128B of the Social Security Act (42 U.S.C. 1320a-7b); or''; and (2) in paragraph (2)-- (A) by inserting ``1349,'' after ``1343,''; and (B) by inserting ``section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), or section 411, 501, or 511 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1111, 1131, and 1141),'' after ``title,''. SEC. 3. SUBPOENA AUTHORITY RELATING TO HEALTH CARE. (a) Subpoenas Under the Health Insurance Portability and Accountability Act of 1996.--Section 1510(b) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``to the grand jury''; and (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``grand jury subpoena'' and inserting ``subpoena for records''; and (B) in the matter following subparagraph (B), by striking ``to the grand jury''. (b) Subpoenas Under the Civil Rights of Institutionalized Persons Act.--The Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997 et seq.) is amended by inserting after section 3 the following: ``SEC. 3A. SUBPOENA AUTHORITY. ``(a) Authority.--The Attorney General, or at the direction of the Attorney General, any officer or employee of the Department of Justice may require by subpoena access to any institution that is the subject of an investigation under this Act and to any document, record, material, file, report, memorandum, policy, procedure, investigation, video or audio recording, or quality assurance report relating to any institution that is the subject of an investigation under this Act to determine whether there are conditions which deprive persons residing in or confined to the institution of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. ``(b) Issuance and Enforcement of Subpoenas.-- ``(1) Issuance.--Subpoenas issued under this section-- ``(A) shall bear the signature of the Attorney General or any officer or employee of the Department of Justice as designated by the Attorney General; and ``(B) shall be served by any person or class of persons designated by the Attorney General or a designated officer or employee for that purpose. ``(2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under this section, the United States district court for the judicial district in which the institution is located may issue an order requiring compliance. Any failure to obey the order of the court may be punished by the court as a contempt that court. ``(c) Protection of Subpoenaed Records and Information.--Any document, record, material, file, report, memorandum, policy, procedure, investigation, video or audio recording, or quality assurance report or other information obtained under a subpoena issued under this section-- ``(1) may not be used for any purpose other than to protect the rights, privileges, or immunities secured or protected by the Constitution or laws of the United States of persons who reside, have resided, or will reside in an institution; ``(2) may not be transmitted by or within the Department of Justice for any purpose other than to protect the rights, privileges, or immunities secured or protected by the Constitution or laws of the United States of persons who reside, have resided, or will reside in an institution; and ``(3) shall be redacted, obscured, or otherwise altered if used in any publicly available manner so as to prevent the disclosure of any personally identifiable information.''. SEC. 4. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS TO THE DEPARTMENT OF JUSTICE FOR CRIMINAL AND CIVIL ENFORCEMENT OF HEALTH CARE FRAUD. (a) Authorization.--There is authorized to be appropriated to the Attorney General, to remain available until expended, $20,000,000 for each of fiscal years 2011 through 2016 for the purposes of investigations, prosecutions, and civil or other proceedings relating to fraud and abuse in connection with any health care benefit program, as defined in section 24(b) of title 18, United States Code. (b) Allocations.--With respect to each of fiscal years 2011 through 2016, the amount authorized to be appropriated under subsection (a) shall be allocated as follows: (1) For the offices of the United States attorneys, $10,000,000. (2) For the Criminal Division of the Department of Justice, $5,000,000. (3) For the Civil Division of the Department of Justice, $5,000,000.", "summary": "Health Care Fraud Enforcement Act of 2009 - Directs the United States Sentencing Commission to review and amend guidelines and policy statements relating to health care fraud to increase the sentences for such crimes based upon the dollar amount of fraud involved. Expands the definition of \"health care fraud\" to include anti-fraud provisions of the Social Security Act relating to kickbacks, bribes, or rebates, the Food, Drug and Cosmetic Act, and the Employee Retirement Income Security Act of 1974 (ERISA). Makes a health care fraud violation under such statutes a false or fraudulent claim for purposes of the False Claims Act. Amends the federal criminal code to allow a conviction for health care fraud without actual knowledge of a fraud prohibition or a specific intent to commit a health care fraud violation. Amends the Civil Rights of Institutionalized Persons Act to expand the power of the Attorney General to issue subpoenas for records under such Act. Authorizes additional appropriations to the Department of Justice (DOJ) for FY2011-FY2016 for investigations and prosecutions relating to fraud and abuse in connection with any health care benefit program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Benjamin Franklin True Patriot Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Benjamin Franklin stated: ``Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.''. (2) The First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution were established to protect the civil rights and liberties of all Americans in perpetuity. (3) Federal policies adopted since September 11, 2001, including provisions in the USA PATRIOT Act (Public Law 107-56) and related executive orders, regulations, and actions threaten fundamental rights and liberties, including the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the Constitution by-- (A) authorizing the indefinite incarceration of noncitizens based on mere suspicion, and the indefinite incarceration of citizens designated by the President as ``enemy combatants'' without access to counsel or meaningful recourse to the Federal courts; (B) limiting the traditional authority of Federal courts to curb law enforcement abuse of electronic surveillance in antiterrorism investigations and ordinary criminal investigations; (C) expanding the authority of Federal agents to conduct so-called ``sneak and peek'' or ``black bag'' searches, in which the subject of the search warrant is unaware that his or her property has been searched; (D) granting law enforcement and intelligence agencies broad access to personal medical, financial, library, and education records with little if any judicial oversight; (E) chilling constitutionally protected speech through overbroad definitions of ``terrorism''; (F) creating divisions between immigrant communities and the police that protect them by encouraging involvement of State and local police in enforcement of Federal immigration law; and the police that protect them; (G) permitting the FBI to conduct surveillance of religious services, internet chatrooms, political demonstrations, and other public meetings of any kind without having any evidence that a crime has been or may be committed; and (H) mandating the closure of certain immigration removal hearings, including denying judges the authority to reject stays of release where bond has been ordered and denying noncitizens the right to a bond hearing. (4) Future legislation, such as legislation drafted entitled the Domestic Security Enhancement Act (DSEA) or PATRIOT II, contains a multitude of new and sweeping law enforcement and intelligence gathering powers many of which are not related to terrorism, and would severely dilute and undermine many basic constitutional rights as well as disturb our unique system of checks and balances by-- (A) diminishing personal privacy by removing important checks on government surveillance authority; (B) reducing the accountability of government to the public by increasing government secrecy; (C) expanding the definition of ``terrorism'' in a manner that threatens the constitutionally protected rights of Americans; and (D) seriously eroding the right of all persons to due process of law. (5) The above new and unprecedented powers pose threats to all Americans and particularly to the civil rights and liberties of the residents of our Nation who are Arab, Muslim, or of South Asian descent. SEC. 3. NINETY-DAY REVIEW PERIOD. Each provision of law, regulation, or other policy directive listed in sections 4 through 10, and any amendments made by that provision, shall cease to have effect 90 days after the date of the enactment of this Act. During this 90-day period, the Congress may, at the request of the President, hold hearings to determine whether a particular section should be removed from the list in section 4. SEC. 4. PROVISIONS IN THE USA PATRIOT ACT. The provisions in the USA PATRIOT Act (Public Law 107-56) to which section 3 applies are: (1) Section 213, relating to ``sneak and peak searches''. (2) Section 214, relating to the use of pen registers for foreign intelligence purposes. (3) Section 215, relating to the obtaining by the Government of certain business records. (4) Section 216, relating to the use of pen registers in criminal cases. (5) Section 218, relating to the Foreign Intelligence Surveillance Act. (6) Section 411, relating to new grounds for deportation. (7) Section 412, relating to mandatory detention of certain aliens. (8) Section 505, relating to national security letters. (9) Section 507, relating to educational records. (10) Section 508, relating to collection and disclosure of individually identifiable information under the National Education Statistics Act of 1994. (11) Section 802, relating to the definition of domestic terrorism. SEC. 5. PROVISIONS OF AVIATION SECURITY ACT EXCLUDING PERMANENT RESIDENT ALIENS FROM BEING BAGGAGE CHECKERS. Section 3 also applies to section 44935(e)(2)(A)(ii) of title 49, United States Code. SEC. 6. HOMELAND SECURITY ACT OF 2002 PROVISIONS. Section 3 also applies to the following provisions of the Homeland Security Act of 2002: (1) Section 214, relating to an exemption from the Freedom of Information Act. (2) Section 871, relating to an exemption from the Federal Advisory Committee Act. SEC. 7. IMMIGRATION REGULATIONS PROVISIONS. Section 3 also applies to the following provisions of regulations: (1) The regulation found at 66 Federal Register 48334-35 (September 20, 2001) relating to time held without charges. (2) The regulation found at 66 Federal Register 54909-12 (October 31, 2001) relating to automatic stays for the Government in immigration hearings. (3) The so-called ``Creppy memo'' that mandates closed immigration hearings in certain cases, and 67 Federal Register 54878 (August 26, 2002) relating to restructuring appeals. (4) Any legal opinion or regulation that increases the powers of the Attorney General to authorize State or local law enforcement officers to exercise Federal immigration enforcement beyond those given in 8 CFR Part 2 or 28 CFR Part 65. (5) The regulation found at 67 Federal Register 52584 (August 12, 2002), relating to registration and monitoring of certain aliens, and all notices published pursuant to that regulation. SEC. 8. ATTORNEY-CLIENT MONITORING. Section 3 also applies to the regulation found at 66 Federal Register 55063, relating to monitoring conversations between attorneys and clients. SEC. 9. SECRECY ORDERS. Section 3 also applies to the memorandum of Attorney General Ashcroft dated October 12, 2001 and relating to the disclosure of documents under the Freedom of Information Act. SEC. 10. THORNBURG GUIDELINES ON RELIGIOUS INSTITUTION SPYING. Section 3 also applies to any regulations having the effect of changing the effect of the Attorney General's Guidelines on General Crimes, Racketeering Enterprise and Domestic Security/Terrorism Investigations approved by Attorney General Dick Thornburg for the Department of Justice on March 21, 1989.", "summary": "Benjamin Franklin True Patriot Act - Provides that each provision of law, regulation, or other policy directive listed in this Act and any amendments made by that provision, shall cease to have effect 90 days after the date of the enactment of this Act. Authorizes Congress, during such period and at the request of the President, to hold hearings to determine whether a particular section should be removed from the list with respect to the USA PATRIOT Act. Applies this Act to specified provisions in: (1) the USA PATRIOT Act; (2) the Aviation Security Act excluding permanent resident aliens from being baggage checkers; (3) the Homeland Security Act 2002; (4) certain immigration regulations; (5) the Federal Register relating to monitoring conversations between attorneys and clients; (6) the memorandum of Attorney General Ashcroft dated October 12, 2001, and relating to the disclosure of documents under the Freedom of Information Act; and (7) any regulations having the effect of changing the effect of Attorney General Dick Thornburg's Guidelines on General Crimes, Racketeering Enterprise and Domestic Security/Terrorism Investigations (particularly with respect to religious institution spying), approved March 21, 1989."}
{"article": "SECTION 1. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE. (a) Definitions.--In this Act: (1) Essential mineral right.--The term ``essential mineral right'' means a right to mine sand and gravel at Rocky Flats, as depicted on the map. (2) Fair market value.--The term ``fair market value'' means the value of an essential mineral right, as determined by an appraisal performed by an independent, certified mineral appraiser under the Uniform Standards of Professional Appraisal Practice. (3) Map.--The term ``map'' means the map entitled ``Rocky Flats National Wildlife Refuge'', dated July 25, 2005, and available for inspection in appropriate offices of the United States Fish and Wildlife Service and the Department of Energy. (4) Natural resource damage liability claim.--The term ``natural resource damage liability claim'' means a natural resource damage liability claim under subsections (a)(4)(C) and (f) of section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) arising from hazardous substances releases at or from Rocky Flats that, as of the date of enactment of this Act, are identified in the administrative record for Rocky Flats required by the National Oil and Hazardous Substances Pollution Contingency Plan prepared under section 105 of that Act (42 U.S.C. 9605). (5) Rocky flats.--The term ``Rocky Flats'' means the Department of Energy facility in the State of Colorado known as the ``Rocky Flats Environmental Technology Site''. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. (7) Trustees.--The term ``Trustees'' means the Federal and State officials designated as trustees under section 107(f)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(2)). (b) Purchase of Essential Mineral Rights.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, such amounts authorized to be appropriated under subsection (c) shall be available to the Secretary to purchase essential mineral rights at Rocky Flats. (2) Conditions.--The Secretary shall not purchase an essential mineral right under paragraph (1) unless-- (A) the owner of the essential mineral right is a willing seller; and (B) the Secretary purchases the essential mineral right for an amount that does not exceed fair market value. (3) Limitation.--Only those funds authorized to be appropriated under subsection (c) shall be available for the Secretary to purchase essential mineral rights under paragraph (1). (4) Release from liability.--Notwithstanding any other law, any natural resource damage liability claim shall be considered to be satisfied by-- (A) the purchase by the Secretary of essential mineral rights under paragraph (1) for consideration in an amount equal to $10,000,000; (B) the payment by the Secretary to the Trustees of $10,000,000; or (C) the purchase by the Secretary of any portion of the mineral rights under paragraph (1) for-- (i) consideration in an amount less than $10,000,000; and (ii) a payment by the Secretary to the Trustees of an amount equal to the difference between-- (I) $10,000,000; and (II) the amount paid under clause (i). (5) Use of funds.-- (A) In general.--Any amounts received under paragraph (4) shall be used by the Trustees for the purposes described in section 107(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)), including-- (i) the purchase of additional mineral rights at Rocky Flats; and (ii) the development of habitat restoration projects at Rocky Flats. (B) Condition.--Any expenditure of funds under this paragraph shall be made jointly by the Trustees. (C) Additional funds.--The Trustees may use the funds received under paragraph (4) in conjunction with other private and public funds. (6) Exemption from national environmental policy act.--Any purchases of mineral rights under this subsection shall be exempt from the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (7) Rocky flats national wildlife refuge.-- (A) Transfer of management responsibilities.--The Rocky Flats National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd note; Public Law 107-107) is amended-- (i) in section 3175-- (I) by striking subsections (b) and (f); and (II) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; and (ii) in section 3176(a)(1), by striking ``section 3175(d)'' and inserting ``section 3175(c)''. (B) Boundaries.--Section 3177 of the Rocky Flats National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd note; Public Law 107-107) is amended by striking subsection (c) and inserting the following: ``(c) Composition.-- ``(1) In general.--Except as provided in paragraph (2), the refuge shall consist of land within the boundaries of Rocky Flats, as depicted on the map-- ``(A) entitled `Rocky Flats National Wildlife Refuge'; ``(B) dated July 25, 2005; and ``(C) available for inspection in the appropriate offices of the United States Fish and Wildlife Service and the Department of Energy. ``(2) Exclusions.--The refuge does not include-- ``(A) any land retained by the Department of Energy for response actions under section 3175(c); ``(B) any land depicted on the map described in paragraph (1) that is subject to 1 or more essential mineral rights described in section 3114(a) of the National Defense Authorization Act for Fiscal Year 2006 over which the Secretary shall retain jurisdiction of the surface estate until the essential mineral rights-- ``(i) are purchased under subsection (b) of that Act; or ``(ii) are mined and reclaimed by the mineral rights holders in accordance with requirements established by the State of Colorado; and ``(C) the land depicted on the map described in paragraph (1) on which essential mineral rights are being actively mined as of the date of enactment of this subparagraph until-- ``(i) the essential mineral rights are purchased; or ``(ii) the surface estate is reclaimed by the mineral rights holder in accordance with requirements established by the State of Colorado. ``(3) Acquisition of additional land.--Notwithstanding paragraph (2), upon the purchase of the mineral rights or reclamation of the land depicted on the map described in paragraph (1), the Secretary shall-- ``(A) transfer the land to the Secretary of the Interior for inclusion in the refuge; and ``(B) the Secretary of the Interior shall-- ``(i) accept the transfer of the land; and ``(ii) manage the land as part of the refuge.''. (c) Funding.--Of the amounts authorized to be appropriated to the Secretary for the Rocky Flats Environmental Technology Site for fiscal year 2006, $10,000,000 shall be made available to the Secretary for the purposes described in subsection (b).", "summary": "States that specified funds authorized to be appropriated to the Secretary of Energy for the Rocky Flats Environmental Technology Site (Colorado) shall be available to the Secretary for the purchase of essential mineral rights at Rocky Flats. Prescribes related conditions under which any natural resource damage liability claim shall be deemed to be satisfied. Exempts mineral rights purchased under this Act from the National Environmental Policy Act of 1969. Amends the Rocky Flats National Wildlife Refuge Act of 2001 to repeal the mandate for a Memorandum of Understanding in connection with the transfer to the Secretary of the Interior of management responsibilities and jurisdiction over Rocky Flats. Repeals, also, the prohibiton against any reduction in funds available to the Secretary of Energy for cleanup and closure of Rocky Flats as a result of such transfer. Revises the composition of the Rocky Flats National Wildlife Refuge and excludes specified lands subject to certain essential mineral rights."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Blueprint for Health Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Establishment of a Blueprint for Health for disease prevention, health promotion, and education about and better management of chronic conditions. Sec. 4. Strategic plan. Sec. 5. Chronic care management programs. Sec. 6. Incentives for prevention of chronic disease. Sec. 7. Health information technology. Sec. 8. Recommendations to Congress; annual report. SEC. 2. PURPOSE. It is the purpose of this Act to establish a Blueprint for Health which is designed-- (1) to create a national integrated medical home model of care that enhances primary care, encourages multidisciplinary coordination, and promotes disease prevention, health promotion, and education about and better management of chronic conditions; (2) to increase Americans' access to affordable, appropriate, high quality care through the use of the integrated medical home model; and (3) to reduce costs to the United States health care system through the application of such model. SEC. 3. ESTABLISHMENT OF A BLUEPRINT FOR HEALTH FOR DISEASE PREVENTION, HEALTH PROMOTION, AND EDUCATION ABOUT AND BETTER MANAGEMENT OF CHRONIC CONDITIONS. (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall create consistent with this Act a program (in this Act referred to as the ``Blueprint for Health'') that provides a national infrastructure for disease prevention, health promotion, and education about and better management of chronic conditions through the use of a nationwide integrated medical home model of care (in this Act referred to as the ``integrated medical home model of care'') in a manner that is designed to initiate, coordinate, and evaluate measures for promoting health and preventing disease in the United States. (b) Elements of Blueprint.--The Blueprint for Health shall include the following elements: (1) Strategic plan.--A strategic plan described in section 4 for designing the integrated medical home model of care. (2) Chronic care management programs.--Chronic care management programs described in section 5. (3) Prevention incentives.--Incentives for the prevention of chronic disease described in section 6. (4) Assessment of hit initiatives.--A plan described in section 7 for the assessment of current health information technology initiatives. (c) Executive Committee.-- (1) In general.--The Secretary shall convene an executive committee to advise the Secretary on the creation and implementation of the Blueprint for Health. (2) Composition.--The executive committee shall include representation from national and State medical, hospital, and pharmaceutical associations, consumer and patient advocacy groups, labor groups, employer and other purchasing groups, and the health insurance industry. SEC. 4. STRATEGIC PLAN. The Blueprint for Health shall include a strategic plan for designing the integrated medical home model of care that includes the following: (1) Recommended elements of an integrated coordinated chronic care management model that incorporates the following: (A) Medical practices acting as medical homes in being primary caregivers in close coordination with other elements. The elements for such homes may be based on guidelines developed for such homes by the National Committee for Quality Assurance. (B) Early disease detection and risk stratification. (C) Community care teams that provide care support for medical homes and assist in coordinating care among medical homes, hospitals, prevention programs, multidisciplinary specialists, and others. (2) A plan for the formation of such community care teams that may include panel managers, public health prevention specialists, nurse coordinators, social workers, dieticians, community health workers, care coordinators, behavioral health specialists, and other patient support personnel. (3) Incentives for patient self management, community-based initiatives, and system and information technology reforms, intended for use by all providers and health plans, including Medicare, Medicaid, the Federal employees health benefits program, and other Federal programs. (4) A description of recommended prevention programs and a strategy for integrating them into the integrated medical home model of care. (5) A plan to ensure that chronically ill patients have a low level of cost sharing under the integrated medical home model of care. (6) Alignment of health care information technology initiatives with information technology needs. (7) Development and use of outcome and reporting measures designed to track the progress of patients meeting clinically recommended treatment goals. (8) A strategy for ensuring the broad support of the integrated medical home model of care by health insurers, hospitals, and health care professionals, including specialists and other physicians. (9) Recommendations for better integrating specialty care services into primary care practices to ensure care coordination and the use of best practices. (10) Recommendations for the consultation of providers experienced with the development and implementation of an integrated medical home model of care as this Act's care coordination model is developed. (11) A strategy for standardizing outcome and financial measures to ensure consistency among all health plans, including Medicare, Medicaid, the Federal employees health benefits program, and other Federal programs. SEC. 5. CHRONIC CARE MANAGEMENT PROGRAMS. The Secretary shall include in the Blueprint for Health chronic care management programs which provide for at least the following: (1) Methods for identifying and enrolling chronically ill patients and for encouraging primary care physicians, specialists, hospitals, and others to participate in such programs. (2) Development of health risk appraisal or assessment for individuals enrolled under Medicare, Medicaid, or the Federal employees health benefits program. (3) A process for coordinating care among health professionals including multidisciplinary care teams and specialty care providers. (4) Methods for increasing communication among health care professionals and patients, including patient education, self- management, and follow up plans. (5) Process and outcome measures to provide performance feedback for health care professionals and information on the quality of care. (6) Payment methodologies to create financial incentives for patient participation and to allow primary care physicians to meet specific standards of a medical home program. Such financial incentives shall include-- (A) enhanced payment to medical practices, such as a per member per month fee, based on standards for a medical home, such as the National Committee for Quality Assurance standards for a patient centered medical home; (B) payment for care support services, such as community care teams or other applicable approaches, across all insurers, including multi-payer private plans and Medicare, Medicaid, and other public plans; and (C) the support of a community based savings sharing and reinvestment model, such as an accountable care organization, which incorporates a balanced set of financial and quality incentives, such as the Institute for Healthcare Improvement's Triple Aims. SEC. 6. INCENTIVES FOR PREVENTION OF CHRONIC DISEASE. (a) In General.--The Secretary shall include in the Blueprint for Health a plan to provide incentives to prevent chronic diseases, including investments in healthy and sustainable local and regional food systems as well as the broader use of lifestyle changes, such as through diet, exercise, and smoking cessation in the schools, communities, and workplace. (b) Compilation of Effective Practices.--Based on recommendations set forth by the United States Preventive Services Task Force, the Secretary shall compile a list of effective practices that would serve as a basis for establishing programs to prevent chronic disease and that could be included in the Blueprint for Health. (c) Recommendations.--The plan under subsection (a) may include the following: (1) Grant opportunities and Federal tax credits for localities to conduct community assessment, intervention, and activation plans in which public health data are collected and analyzed to identify areas in greatest need of prevention and wellness programs. (2) Federal tax credits and incentive grants to local education agencies, businesses, local departments of public health, communities, hospitals, health care providers, and other entities so that they may adopt effective models of wellness shown to lower costs and improve health. (3) Incentives for individuals to take proactive preventative measures, including weight management and smoking cessation. (4) Federal tax credits and incentive grants to local education agencies, businesses, local departments of public health, communities, hospitals, health care providers and other entities to promote the development of healthy and sustainable local and regional food systems. SEC. 7. HEALTH INFORMATION TECHNOLOGY. (a) In General.--The Blueprint for Health shall promote the effective, efficient, national use of health care information technology initiatives. (b) Assessment.--As part of the Blueprint for Health, the Secretary shall commission an assessment to be presented to Congress not later than two years after the date of the enactment of this Act that examines the implementation of the health information technology provisions enacted as part of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5). This assessment shall evaluate the implementation of such provisions as they apply to chronic care management, and determine if further action is needed to ensure that the funding provided in such Act under such provisions is used effectively and efficiently to help ensure the effective management of chronic disease. SEC. 8. RECOMMENDATIONS TO CONGRESS; ANNUAL REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall present to Congress recommendations for legislation to implement the Blueprint for Health, including the establishment of programs designed to enhance primary care, promote multidisciplinary care coordination, prevent disease, improve quality, contain costs, more effectively manage chronic illness, and promote good health and prevention initiatives. (b) Annual Report.--The Secretary shall submit an annual report to Congress on the status of the implementation of the Blueprint for Health.", "summary": "Blueprint for Health Act of 2009 - Requires the Secretary of Health and Human Services (HHS) to create the Blueprint for Health program to provide a national infrastructure for disease prevention, health promotion, and education about, and better management of, chronic conditions. Sets forth elements to be included in the Blueprint, including: (1) a strategic plan for designing an integrated medical home model of care; (2) chronic management programs; (3) incentives for the prevention of chronic diseases, including investments in health and sustainable local and regional food systems; and (4) a plan for the assessment of current health information technology initiatives. Requires the Secretary to convene an executive committee to advise the Secretary on the creation and implementation of the Blueprint for Health. Requires the Blueprint for Health to promote the effective, efficient, national use of health care information technology initiatives. Directs the Secretary to commission an assessment that examines the implementation of the health information technology provisions of the American Recovery and Reinvestment Act of 2009. Requires the Secretary to recommend to Congress legislation to implement the Blueprint for Health, including the establishment of programs designed to enhance primary care, promote multidisciplinary care coordination, prevent disease, improve quality, contain costs, more effectively manage chronic illness, and promote good health and prevention initiatives."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Opportunity and Welfare Reduction Act of 1997''. SEC. 2. PILOT PROGRAM FOR PLACING WELFARE RECIPIENTS IN JOBS VACATED BY UNAUTHORIZED ALIENS. (a) In General.--The Attorney General shall conduct a pilot program under which the Attorney General shall provide a written notice to a State of one or more potential employment opportunities for an adult who is receiving assistance under the State program funded under part A of title IV of the Social Security Act, where such opportunity arises from-- (1) the removal of one or more unauthorized aliens from a work site in the State by an officer or employee of the Service performing duties relating to the enforcement of the immigration laws; or (2) the issuance of an unauthorized work letter by the Attorney General to an employer. (b) Implementation Deadline; Termination.--The Attorney General shall implement the pilot program not later than October 1, 1998. The Attorney General shall terminate the pilot program at the end of the 4- year period beginning on the first day the pilot program is in effect. (c) Scope of Operation.--The Attorney General shall provide for the operation of the pilot program in each State-- (1) the chief executive officer of which has requested that the Attorney General provide for such operation; and (2) that is receiving a grant under part A of title IV of the Social Security Act. (d) Notice.-- (1) Contents.--The notice required under subsection (a) shall include the following: (A) The name and address of the employer-- (i) from whose work site an unauthorized alien was removed; or (ii) to whom the unauthorized work letter was issued. (B) A classification of the employment position (or positions) formerly held by each unauthorized alien who was removed from the work site or was the subject of the unauthorized work letter, in terms of industry and whether the work performed was skilled or unskilled. (C) The location of the work site. (D) The number of unauthorized aliens who were-- (i) removed; or (ii) the subject of the unauthorized work letter. (2) Deadline.--The Attorney General shall submit the notice required under subsection (a) not later than 8 days after the day on which-- (A) the unauthorized alien is removed (in a case described in subsection (a)(1)); or (B) an officer or employee of the Service enters onto the work site for the purpose of removing an unauthorized alien, following issuance of the unauthorized work letter (in a case described in subsection (a)(2)). (e) Definitions.--For purposes of this Act: (1) Service.--The term ``Service'' has the meaning given such term in section 101(a)(34) of the Immigration and Nationality Act. (2) State.--The term ``State'' has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act. (3) Unauthorized alien.--The term ``unauthorized alien'' has the meaning given such term in section 274A(h)(3) of the Immigration and Nationality Act. (4) Unauthorized work letter.--The term ``unauthorized work letter'' means a Form I-9 Inspection Result Letter, issued by the Attorney General to an employer, identifying the possible presence of an unauthorized alien worker. SEC. 3. BONUS TO REWARD PARTICIPATING STATES. (a) In General.--Section 403(a)(4) of the Social Security Act (42 U.S.C. 603(a)(4)) (as amended by section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2121)) is amended-- (1) in subparagraph (B)(i), by adding at the end the following: ``In the case of a high performing State that is an immigration pilot program State, such amount shall also be based on the score assigned to the State under subparagraph (D)(iii) for such fiscal year.''; (2) by amending subparagraph (C) to read as follows: ``(C) Formula for measuring state performance.-- ``(i) In general.--Not later than 1 year after the date of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the Secretary, in consultation with the National Governors' Association and the American Public Welfare Association, shall develop a formula for measuring State performance in operating the State program funded under this part so as to achieve the goals set forth in section 401(a). ``(ii) Immigration pilot program states.-- Not later than 6 months after the date of the enactment of the Job Opportunity and Welfare Reduction Act of 1997, the Secretary, in consultation with the National Governors' Association and the American Public Welfare Association, shall develop a formula for measuring the performance of immigration pilot program States in placing adults receiving assistance under the State program funded under this part in employment vacancies arising from-- ``(I) the removal of an unauthorized alien (as defined in section 2 of such Act) from a work site in the State by an officer or employee of the Immigration and Naturalization Service performing duties relating to the enforcement of the immigration laws; or ``(II) the issuance by the Attorney General to an employer of an unauthorized work letter (as defined in such section) with respect to a work site in the State.''; (3) by amending subparagraph (D) to read as follows: ``(D) Scoring of state performance; setting of performance thresholds.--For each bonus year, the Secretary shall-- ``(i) use the formula developed under subparagraph (C)(i) to assign a score to each eligible State for the fiscal year that immediately precedes the bonus year; ``(ii) prescribe a performance threshold, based on the scores assigned under clause (i), in such a manner so as to ensure that-- ``(I) the average annual total amount of grants to be made under this paragraph for each bonus year equals $200,000,000; and ``(II) the total amount of grants to be made under this paragraph for all bonus years equals $1,000,000,000; and ``(iii) use the formula developed under subparagraph (C)(ii) to assign an additional score to each immigration pilot program State for the fiscal year that immediately precedes the bonus year, which score shall be used to reward immigration pilot program States-- ``(I) based on their performance, as measured under subparagraph (C)(ii); and ``(II) in a manner consistent with subclauses (I) and (II) of clause (ii).''; and (4) in subparagraph (E), by adding at the end the following: ``(iii) Immigration pilot program state.-- The term `immigration pilot program State' means, with respect to a fiscal year immediately preceding a bonus year, an eligible State-- ``(I) within which the Attorney General is operating the pilot program under section 2 of the Job Opportunity and Welfare Reduction Act of 1997; ``(II) that, after each receipt of a notice of an employment vacancy (or vacancies) from the Attorney General under such section 2, provided to the employer having the vacancy a list containing, with respect to each such vacancy, the name, address, and telephone number of not more than 3 adults who are receiving assistance under the State program funded under this part and who are determined by the State, based on the adult's training, skills, prior experience, and availability for employment, to be qualified to fill the vacancy; and ``(III) that provided to the Secretary, in such form and manner as the Secretary may have required, a report containing the information necessary for the Secretary to measure the State's performance under subparagraph (C)(ii).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the later of July 1, 1998, or the date of the enactment of this Act. SEC. 4. REPORT. Not later than 3 months after the date of the termination of the pilot program under section 2, the Secretary of Health and Human Services shall submit to the Congress a report, based on the rate of success of the program in providing referrals leading to job placements, containing the recommendations of the Secretary of Health and Human Services concerning whether the program should be reauthorized, whether the program should be expanded, and how the program could be improved.", "summary": "Job Opportunity and Welfare Reduction Act of 1997 - Directs the Attorney General to conduct a temporary pilot program in States participating in the (welfare reform) program under part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act. Requires the Attorney General to notify a State of potential employment opportunities for an adult TANF recipient arising from: (1) removal of an unauthorized alien from a work site by the Immigration and Naturalization Service; or (2) the issuance by the Attorney General to an employer of an unauthorized work letter (Form I-9 Inspection Result Letter, identifying the possible presence of an unauthorized alien). Provides for a bonus under TANF to reward high-performing States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Army Arsenal Strategic Workload Enhancement Act of 2012''. SEC. 2. DEPARTMENT OF DEFENSE USE OF ARSENALS. (a) In General.--Chapter 143 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2425. Department of Defense use of arsenals ``(a) In General.--The Secretary of Defense shall develop and promulgate measurable and enforceable guidelines for the Department of Defense, defense agencies, and the military services to have supplies, components, end items, parts, assemblies, and sub-assemblies made in factories or arsenals owned by the United States, to the extent those factories or arsenals can make those supplies, components, end items, parts, assemblies, and sub-assemblies on an economical basis while preserving the ability to provide an effective and timely response to mobilizations, national defense contingency situations, and other emergency requirements. ``(b) Determination of Economical Basis.--For purposes of determining whether supplies, components, end items, parts, assemblies, and sub-assemblies can be made on an `economical basis' under subsection (a), the Secretary of Defense shall analyze the direct costs associated with the manufacture of such supplies, components, end items, parts, assemblies, and sub-assemblies. If an analysis is not performed, the Secretary of Defense or the relevant defense agency or military service shall promptly report to the congressional defense committees the justification for not performing an analysis.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2425. Department of Defense use of arsenals.''. SEC. 3. ASSIGNMENT OF WORKLOAD AT ARMY FACTORIES AND ARSENALS. (a) In General.--Section 4532 of title 10, United States Code, is amended to read as follows: ``Sec. 4532. Assignment of workload at Army factories and arsenals ``(a) Assignment of Workload.--(1) The Secretary of the Army shall assign Government-owned and Government-operated Department of the Army factories and arsenals sufficient workload to ensure cost efficiency and technical competence in peacetime, while preserving the ability to provide an effective and timely response to mobilizations, national defense contingency situations, and other emergency requirements. ``(2) At a minimum, workload may be derived from manufacturing of supplies, components, parts, systems, subsystems, and foreign military sales. ``(3) The Secretary of the Army shall develop and promulgate guidelines to make the arsenals available to the Department of Defense, defense agencies, and military services for procurement of supplies, components, parts, systems, and subsystems. ``(b) Waiver Authority.--(1) The Secretary of the Army may waive the requirement under subsection (a)(1) if such a waiver is necessary for the national defense. ``(2) A waiver under paragraph (1) shall not take effect until 30 days after the Secretary submits to the congressional defense committees a notification of the determination, together with the justification for the determination. ``(3) The authority to grant a waiver under paragraph (1) may not be delegated. ``(c) Annual Arsenal Report.--In 2013 and each year thereafter, not later than 60 days after the date on which the budget of the President for a fiscal year is submitted to Congress, the Secretary of Defense shall submit to Congress a report for the Army identifying, for the relevant fiscal year, each of the following: ``(1) The core arsenal manufacturing capability. ``(2) The workload required to cost-effectively support the arsenals and the manufacturing capability inherent in these installations. ``(3) The Secretary of the Army's performance in maintaining the Department of the Army's factories and arsenals with sufficient workload to ensure affordability and technical competence in peacetime. ``(4) The capital investments required to be made in order to ensure compliance and operational capacity. ``(d) Comptroller General Review.--The Comptroller General shall review each report required under subsection (c) for completeness and compliance and provide findings and recommendations to the congressional defense committees not later than 60 days after the report is submitted to Congress.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 433 of title 10, United States Code, is amended by striking the item relating to section 4532 and inserting the following new item: ``4532. Assignment of workload at Army factories and arsenals.''. (c) Initial Workload Plan Report.--The first report required under subsection (c) of section 4532 of title 10, United States Code, as amended by subsection (a), shall be submitted not later than 180 days after the date of the enactment of this Act.", "summary": "Army Arsenal Strategic Workload Enhancement Act of 2012 - Directs the Secretary of Defense (Secretary) to develop and promulgate guidelines for the Department of Defense (DOD), defense agencies, and military services to have supplies, components, end items, parts, assemblies, and sub-assemblies (supplies and parts) made in factories or arsenals owned by the United States, to the extent that such factories or arsenals can make such supplies and parts on an economical basis while preserving the ability to provide an effective and timely response to mobilizations, national defense contingency situations, and other emergency requirements. Requires the Secretary of the Army to: (1) assign government-owned and operated Army factories and arsenals sufficient workload to ensure cost efficiency and technical competence in peacetime, while preserving the response ability described above; and (2) make Army arsenals available to DOD, the defense agencies, and military services for the procurement of supplies, components, parts, systems, and subsystems. Directs: (1) the Secretary to report annually to Congress on Army arsenal capabilities, workload, performance, and required capital investments; and (2) the Comptroller General to review each report for completeness and compliance and provide findings to the congressional defense committees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Our Soldiers Act of 2005''. SEC. 2. POSTAL BENEFITS PROGRAM. (a) In General.--The United States Postal Service and the Secretary of Defense shall provide for a program under which postal benefits shall be made available to the designated representative of each qualified individual in accordance with succeeding provisions of this Act. (b) Qualified Individual Defined.--For purposes of this Act, the term ``qualified individual'' means an individual who is-- (1)(A) a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10, United States Code) or a civilian who is authorized to use postal services at Armed Forces installations and holds a position or performs one or more functions in support of military operations, as designated by the military theater commander; and (B) serving in an overseas area, as designated by the President, where the Armed Forces of the United States are engaged in action against an enemy of the United States, engaged in military operations involving armed conflict with a hostile foreign force, engaged in temporary military operations under arduous circumstances, serving with a friendly foreign force in an armed conflict in which the United States is not a belligerent, or temporarily deployed overseas for an operational contingency in arduous circumstances, as determined by the Secretary of Defense; or (2) hospitalized in a facility of the Armed Forces of the United States as a result of disease or injury incurred as a result of service in an overseas area designated by the President under paragraph (1)(B). (c) Postal Benefits Described.-- (1) In general.--The postal benefits made available to a designated representative pursuant to this Act shall consist of postage stamps (of such denomination or denominations as the Postal Service may determine) equivalent to $150 in value per calendar quarter, subject to subsection (d)(2)(B). (2) Conditions relating to mailings.--Postal benefits under this Act may not be used for the mailing of any mail matter other than mail matter which-- (A) is described in paragraph (3); (B) is sent-- (i) from within an area served by a United States post office; and (ii) by an individual or a charitable organization; and (C) is addressed to a qualified individual. (3) Mail matter described.-- (A) In general.--The mail matter described in this paragraph is-- (i) any letter mail or sound- or video- recorded communications having the character of personal correspondence; and (ii) any parcel not exceeding-- (I) 10 pounds in weight and 60 inches in length and girth combined, if sent by an individual; or (II) 70 pounds in weight and 180 inches in length and girth combined, if sent by a charitable organization. (B) Restriction.--Postal benefits under this Act may not be used for mail matter that contains any advertising. (4) Design and limitations on use of stamps.--Stamps made available pursuant to this Act-- (A) shall bear a design or other markings to identify the military operation to which they relate; and (B) may not be used-- (i) after the date (following the conclusion of such military operation) designated by the Secretary of Defense; or (ii) with respect to any other military operation. (5) Coordination rule.--Postal benefits under this Act shall be in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting from the application of section 3401(b) of title 39, United States Code. (d) Regulations.--The Postal Service and the Secretary of Defense shall jointly prescribe any regulations necessary to carry out this Act, including regulations to provide for the following: (1) Identification of designated representatives.--The identification of designated representatives shall be made using procedures under which-- (A) determinations shall be made based on the most current next-of-kin data available to or obtainable by the Secretary of Defense; and (B) a qualified individual may supersede a determination under subparagraph (A), to the extent procedures to carry out this subparagraph are practicable. (2) Notice to and elections by designated representatives.-- (A) Notice.--Notice shall be provided to all designated representatives informing them of their eligibility for postal benefits under this Act and the procedures (including any deadlines) for making an initial and any subsequent election of benefits. (B) Elections.--A designated representative shall not receive any postal benefits under this Act for any calendar quarter except upon the filing of an appropriate written election. A separate election under this subparagraph shall be required for each calendar quarter, and each such election shall require the individual to indicate whether full, partial (in the increments allowed), or no benefits are requested for the quarter. Failure to make an effective election shall be treated as a declination of benefits for the calendar quarter involved. (C) No carryover.--Any benefits declined with respect to a calendar quarter shall not be available for purposes of any subsequent calendar quarter. (e) Direct Benefits for Charitable Organizations.--In addition to the benefits under subsections (a) through (d), the Postal Service and the Secretary of Defense shall by regulation allow any charitable organization to apply for direct postal benefits. Applications for benefits under this subsection shall be considered on a case-by-case basis in accordance with such criteria as shall apply under the regulations. Any benefits approved under this subsection shall be governed by subsection (c), subject to any modifications or special rules established by the regulations which may be necessary to carry out the purposes of this subsection (including an alternative to the limitation set forth in subsection (c)(1)). (f) Definition.--For purposes of this Act, the term ``charitable organization'' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. SEC. 3. EFFECTIVE DATE. This Act shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.", "summary": "Supply Our Soldiers Act of 2005 - Directs the United States Postal Service (USPS) and the Secretary of Defense to provide a program under which postal benefits are made available for personal correspondence and other mail matter sent from within the United States by designated representatives (next-of-kin) to members of the Armed Forces who are: (1) serving on active duty abroad in support of military operations or against an enemy of the United States or other hostile force; or (2) hospitalized in a U.S. military facility as a result of disease or injury incurred during service overseas. Limits postal benefits to $150 per calendar quarter, and limits the size and weight of allowable parcels. Allows charitable organizations to apply for such benefits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Mint Bicentennial Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Five Dollar Gold Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 five dollar coins each of which shall weigh 8.359 grams, have a diameter of .0850 inches, and shall contain 90 percent gold and 10 percent alloy. (b) One Dollar Silver Coins.--The Secretary shall issue not more than 1,000,000 one dollar coins each of which shall weigh 26.73 grams, have a diameter of 1.5 inches, and be composed of 90 percent silver and 10 percent copper. (c) Half Dollar Silver Coins.--The Secretary shall issue not more than 1,750,000 half dollar coins each of which shall weigh 12.50 grams, have a diameter of 1.205 inches, and be composed of 90 percent silver and 10 percent copper. SEC. 3. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for the coins minted under this Act pursuant to the authority of the Secretary under existing law. (b) Silver.--The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 4. DESIGN. (a) Design of Five Dollar Gold Coins.--The design of the five dollar coins shall portray Alexander Hamilton on the obverse. The reverse shall display the scene of the inspection of the first United States coins. On each coin authorized hereunder there shall be a designation of the value of the coin, and inscriptions of the words ``United States of America'', ``E Pluribus Unum'', ``In God We Trust'' and ``Liberty''. (b) Design of One Dollar Silver Coins.--The obverse of the one dollar coins shall portray Thomas Jefferson, the first Secretary of State, and shall honor his 250th birthday. The reverse shall display the first coining press--United States Mint. On each coin authorized hereunder there shall be a designation of the value of the coin and inscriptions of the words ``United States of America'', ``E Pluribus Unum'', ``In God We Trust'' and ``Liberty''. (c) Design of the Half Dollar Silver Coins.--The design of the half dollar silver coins shall depict on the obverse David Rittenhouse, the first Director of the United States Mint. The reverse shall show the first mint building. On each coin authorized hereunder there shall be a designation of the value of the coin and inscriptions of the words ``United States of America'', ``E Pluribus Unum'', ``In God We Trust'' and ``Liberty''. SEC. 5. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales at a reasonable discount. (c) Surcharge Required.--All sales shall include a surcharge of $30 per coin for the five dollar coins, $7 per coin for the one dollar coins and $2 per coin for the half dollar coins. (d) Reports to Congress.-- (1) Not later than 15 days after the last day of each month, the Secretary shall transmit to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Each report submitted pursuant to paragraph (1) shall include a review of all marketing activities under this section and a financial statement which details sources of funds, surcharges generated, and expenses incurred for manufacturing, materials, overhead, packaging, marketing and shipping. SEC. 6. ISSUANCE OF THE COINS. (a) Period of Issuance.--The coins authorized under this Act shall be minted and available for issue no later than July 15, 1993, but shall be issued only during 1993. (b) Proof of Uncirculated Coins.--The coins authorized under this Act shall be issued in uncirculated and proof qualities. (c) Bureau of the Mint.--Not more than one facility of the Bureau of the Mint may be used to strike any particular combination of denomination and quality. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Smithsonian Institution for the National Numismatic Collection. (b) Use of Proceeds.--Amounts received under subsection (a) shall be used by the Executive Director of the National Numismatic Collection to establish-- (1) an endowment fund for the purpose of purchasing needed reference materials and numismatic items for the National Numismatic Collection; and (2) an endowment fund to promote numismatic study, finance symposia and travel and publicize the results of any advancements; and (3) establish a fund to renovate the permanent and temporary exhibit facilities of the National Numismatic Collection. SEC. 9. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents and other data of the organizing committee as may be related to the expenditure of amounts paid under section 208. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost.--The Secretary shall take such actions as may be necessary to ensure that the minting and issuance of the coins referred to in section 202 shall not result in any net cost to the Federal Government. (b) Payment Assurances.--No coin shall be issued under this Act unless the Secretary has received-- (1) full payment for such coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits are insured by the 20 Federal Deposit Insurance Corporations or the National Credit Union Administration.", "summary": "United States Mint Bicentennial Coin Act - Directs the Secretary of the Treasury to mint coins in commemoration of the 200th anniversary of the establishment of the United States Mint. Prescribes the designs for the ensuing five-dollar gold coins, one-dollar silver coins, and half-dollar silver coins. Restricts issuance of such coins to 1993. Mandates that all surcharges received from the sale of such coins be paid to the Smithsonian Institution for the National Numismatic Collection. Requires the Executive Director of the National Numismatic Collection to establish specified funds with the surcharge proceeds. Prescribes financial assurances."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Janey Ensminger Act of 2016''. SEC. 2. REVIEW OF ILLNESSES AND CONDITIONS RELATING TO VETERANS STATIONED AT CAMP LEJEUNE, NORTH CAROLINA, AND THEIR FAMILY MEMBERS. (a) Review and Publication of Illness or Condition.--Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-6. REVIEW AND PUBLICATION OF ILLNESSES AND CONDITIONS. ``(a) In General.--Consistent with section 104(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, not later than 1 year after the date of enactment of this section, and not less frequently than once every 3 years thereafter, the Secretary, acting through the Administrator of the Agency for Toxic Substances and Disease Registry, shall-- ``(1)(A) review the scientific literature relevant to the relationship between the employment or residence of individuals at Camp Lejeune, North Carolina, for not fewer than 30 days during the period beginning on August 1, 1953, and ending on December 21, 1987, and specific illnesses or conditions incurred by those individuals; ``(B) determine each illness or condition for which there is evidence that exposure to a toxic substance at Camp Lejeune, North Carolina, during the period specified in subparagraph (A) may be a cause of the illness or condition; and ``(C) with respect to each illness or condition for which a determination has been made under subparagraph (B), categorize the evidence of the connection of the illness or condition to exposure described in that subparagraph as-- ``(i) sufficient to conclude with reasonable confidence that the exposure is a cause of the illness or condition; ``(ii) modest supporting causation, but not sufficient to conclude with reasonable confidence that exposure is a cause of the illness or condition; or ``(iii) no more than limited supporting causation; ``(2) publish in the Federal Register and on the Internet website of the Department of Health and Human Services-- ``(A) a list of each illness or condition for which a determination has been made under paragraph (1)(B), including the categorization of the evidence of causal connection relating to the illness or condition under paragraph (1)(C); and ``(B) the bibliographic citations for all literature reviewed under paragraph (1) for each illness or condition listed under such paragraph; and ``(3) update the list under paragraph (2), as applicable, to add an illness or condition for which a determination has been made under paragraph (1)(B), including the categorization of the evidence of causal connection relating to the illness or condition under paragraph (1)(C), since such list was last updated consistent with the requirements of this subsection.''. (b) Eligibility for Health Care From Department of Veterans Affairs.-- (1) In general.--Section 1710(e)(1)(F) of title 38, United States Code, is amended-- (A) by redesignating clauses (i) through (xv) as subclauses (I) through (XV), respectively; (B) by striking ``(F) Subject to'' and inserting ``(F)(i) Subject to''; (C) by striking ``any of the following'' and inserting ``any of the illnesses or conditions for which the evidence of connection of the illness or condition to exposure to a toxic substance at Camp Lejeune, North Carolina, during such period is categorized as sufficient or modest in the most recent list published under section 399V-6(a)(2) of the Public Health Service Act, which may include any of the following''; and (D) by adding at the end the following new clause: ``(ii) For the purposes of ensuring continuation of care, any veteran who has been furnished hospital care or medical services under this subparagraph for an illness or condition shall remain eligible for hospital care or medical services for such illness or condition notwithstanding that the evidence of connection of such illness or condition to exposure to a toxic substance at Camp Lejeune, North Carolina, during the period described in clause (i) is not categorized as sufficient or modest in the most recent list published under section 399V-6(a)(2) of the Public Health Service Act.''. (2) Family members.--Section 1787 of such title is amended by adding at the end the following new subsection: ``(c) Continuation of Care.--For the purposes of ensuring continuation of care, any individual who has been furnished hospital care or medical services under this section for an illness or condition shall remain eligible for hospital care or medical services for such illness or condition notwithstanding that the illness or condition is no longer described in section 1710(e)(1)(F) of this title.''. (3) Transfer of amounts for program.--Notwithstanding any other provision of law, for each of fiscal years 2017 and 2018, the Secretary of Veterans Affairs shall transfer $2,000,000 from amounts made available to the Department of Veterans Affairs for medical support and compliance to the Chief Business Office and Financial Services Center of the Department to be used to continue building and enhancing the claims processing system, eligibility system, and web portal for the Camp Lejeune Family Member Program of the Department.", "summary": "Janey Ensminger Act of 2016 This bill amends the Public Health Service Act to direct the Agency for Toxic Substances and Disease Registry, at least every three years, to: review the scientific literature relevant to the relationship between the employment or residence of individuals at Camp Lejeune, North Carolina, for at least 30 days during the period of August 1, 1953, to December 21, 1987, and specific illnesses or conditions incurred by those individuals and determine whether and to what extent the evidence shows that toxic substance exposure is a cause of an illness or condition; and publish and update a list of each illness and the categorization of evidence for which a determination of cause has been made. A veteran who served on active duty at Camp Lejeune for at least 30 days during such period is eligible for hospital care and medical services for any of the illnesses or conditions for which the evidentiary connection between toxic exposure and the illness or condition is categorized in such list as sufficient or modest. Such a veteran who has been furnished hospital care or medical services shall remain eligible for such care or services for such illness or condition even if the evidentiary connection is not categorized as sufficient or modest. A family member of such veteran who has been furnished hospital care or medical services shall remain eligible for hospital care or medical services for such illness or condition. The Department of Veterans Affairs shall transfer for each of FY2017 and FY2018 specified finds to enhance the claims processing system, eligibility system, and web portal for the Camp Lejeune Family Member Program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Equal Treatment Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Veterans Equitable Resource Allocation (VERA) formula, established by the Department of Veterans Affairs pursuant to section 429 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2929), has proved to be an ineffective means of allocating veterans medical care dollars fairly across the 22 national service regions, known as Veterans Integrated Service Networks (VISNs), of the Department of Veterans Affairs. (2) The VERA formula has resulted in a system of inequitable care at veterans hospitals in different regions of the country. (3) The VERA formula has resulted in a system in which veterans in some regions of the country are forced to compete with veterans in other regions for critical medical care funding, when the system should be providing funding for medical care for all veterans, regardless of where they live, to ensure that all veterans have access to the level and quality of medical care that they have all earned and deserve. (4) The VERA formula should be replaced with a new funding formula that puts the funds provided to the Department of Veterans Affairs for medical care into the Department of Veterans Affairs Medical Centers that are treating patients. SEC. 3. REVISION TO MEDICAL CARE FUNDING ALLOCATION FORMULA FOR DEPARTMENT OF VETERANS AFFAIRS. (a) Termination of Vera Formula.--The funding allocation formula for the Department of Veterans Affairs medical care system known as the Veterans Equitable Resource Allocation system, established pursuant to section 429 of the Department of Veterans Affairs pursuant to section 429 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2929), shall be discontinued by the Secretary of Veterans Affairs effective at the end of the fiscal year during which this Act is enacted. (b) Development of Replacement Formula.--The Secretary of Veterans Affairs shall develop a new formula for the allocation of funds appropriated to the Department of Veterans Affairs for Medical Care to the national service regions, known as Veterans Integrated Service Networks (VISNs), of the Department. In developing such formula, the Secretary shall take the following requirements into account: (1) For any fiscal year for which the amount appropriated for Medical Care is an increase from the preceding year, the funding level provided under the new formula to any VISN may not be less than the amount provided for the preceding year. (2) The new formula shall take into account additional costs incurred by a VISN due to any of the following factors at that VISN being in excess of the median for all VISNs: (A) The number of veterans moving into the geographic area of that VISN. (B) The median age of veterans in that VISN. (C) The number of veterans in that VISN requiring complex care or nursing home care. (D) The age of Department health care facilities in that VISN. (c) Transition Formula.--If as of the date specified in subsection (a) for the termination of the funding allocation formula referred to in that subsection the Secretary of Veterans Affairs has not implemented a replacement funding allocation formula in accordance with subsection (b), then effective as of that date and until such replacement funding allocation formula is implemented, the funding allocation formula to be applied to amounts appropriated for veterans medical care shall be the formula in effect before the formula referred to in subsection (a). SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS. (a) Authorization of Appropriations for Replacement Allocation Formula.--There is authorized to be appropriated to the Department of Veterans Affairs for fiscal year 2004, $10,000,000 for development and implementation of a replacement funding allocation formula in accordance with section 3(b). (b) Additional Authorization of Appropriations for Medical Care.-- There is authorized to be appropriated to the Department of Veterans Affairs for fiscal year 2004, $100,000,000 for ``Medical Care'' for the Department of Veterans Affairs. Such amount is in addition to any other amount authorized to be appropriated to the Department of Veterans Affairs for fiscal year 2004 and shall be allocated by the Secretary of Veterans Affairs to the national service regions, known as Veterans Integrated Service Networks (VISNs), of the Department of Veterans Affairs on the basis of need, as follows: (1) First, to the VISN that has experienced the greatest reduction in funding from the funding levels for fiscal year 1997. (2) Second, to any other VISN that has experienced an overall funding decrease during the six-fiscal-year period beginning with fiscal year 1997. (3) Third, if any amount appropriated pursuant to such authorization remains after allocations pursuant to paragraphs (1) and (2), such amount shall be allocated equally among the remaining 22 VISNs before implementation of the new formula.", "summary": "Veterans Equal Treatment Act - Requires the Secretary of Veterans Affairs to: (1) discontinue the funding allocation formula for the Department of Veterans Affairs medical care system known as the Veterans Equitable Resource Allocation system at the end of the fiscal year in which this Act is enacted; and (2) develop a new formula for the allocation of funds to the national service regions, known as Veterans Integrated Service Networks (VISNs), that takes into account specified requirements, including additional costs incurred by a VISN because the age of veterans, or the number of veterans requiring complex care, in that VISN exceeds the median for all VISNs.Authorizes additional appropriations to be allocated to VISNs that have experienced funding reductions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Purple Heart Hall of Honor Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Purple Heart Hall of Honor's mission is-- (A) to commemorate the extraordinary sacrifice of America's servicemen and servicewomen who were killed or wounded in combat; and (B) to collect and preserve the stories of National Purple Heart recipients from all branches of service and across generations to ensure that all recipients are represented. (2) The National Purple Heart Hall of Honor first opened its doors on November 10, 2006, in New Windsor, NY. (3) The National Purple Heart Hall of Honor is located at the New Windsor Cantonment State Historic Site, where General George Washington's Army camped during the Revolutionary War and where he first awarded the Badge of Military Merit, a piece of purple cloth that became the model for the Purple Heart. (4) The National Purple Heart Hall of Honor is the first to recognize the more than 1.7 million U.S. servicemembers wounded or killed in action ranging from the American Revolutionary War to the present day, serving as a living memorial to their sacrifice by sharing their stories through interviews, exhibits and the Roll of Honor, an interactive computer database of each recipient. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the National Purple Heart Hall of Honor. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2017''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the National Purple Heart Hall of Honor, Inc.; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only the West Point Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2017. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Purple Heart Hall of Honor, Inc., to help finance the construction of a new building and renovation of existing National Purple Heart Hall of Honor facilities. (c) Audits.--The National Purple Heart Hall of Honor, Inc., shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.", "summary": "National Purple Heart Hall of Honor Commemorative Coin Act Directs the Secretary of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half-dollar clad coins emblematic of the National Purple Heart Hall of Honor. Limits the minting of such coins to the one-year period beginning on January 1, 2017. Prescribes surcharges for coin sales, which shall be paid to the National Purple Heart Hall of Honor, Inc., to help finance the construction of a new building and renovation of existing National Purple Heart Hall of Honor facilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Affordable Drugs from Canada Act of 2015''. SEC. 2. SAFE AND AFFORDABLE DRUGS FROM CANADA. Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end the following: ``SEC. 810. IMPORTATION BY INDIVIDUALS OF PRESCRIPTION DRUGS FROM CANADA. ``(a) In General.--Notwithstanding any other provision of this Act, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations permitting individuals to safely import into the United States a prescription drug described in subsection (b). ``(b) Prescription Drug.--A prescription drug described in this subsection-- ``(1) is a prescription drug that-- ``(A) is purchased from an approved Canadian pharmacy; ``(B) is dispensed by a pharmacist licensed to practice pharmacy and dispense prescription drugs in Canada; ``(C) is purchased for personal use by the individual, not for resale, in quantities that do not exceed a 90-day supply; ``(D) is filled using a valid prescription issued by a physician licensed to practice in a State in the United States; and ``(E) has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved by the Secretary under chapter V; and ``(2) does not include-- ``(A) a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(B) a biological product (as defined in section 351 of the Public Health Service Act (42 U.S.C. 262)); ``(C) an infused drug (including a peritoneal dialysis solution); ``(D) an intravenously injected drug; ``(E) a drug that is inhaled during surgery; ``(F) a parenteral drug; ``(G) a drug manufactured through 1 or more biotechnology processes, including-- ``(i) a therapeutic DNA plasmid product; ``(ii) a therapeutic synthetic peptide product of not more than 40 amino acids; ``(iii) a monoclonal antibody product for in vivo use; and ``(iv) a therapeutic recombinant DNA- derived product; ``(H) a drug required to be refrigerated at any time during manufacturing, packing, processing, or holding; or ``(I) a photoreactive drug. ``(c) Approved Canadian Pharmacy.-- ``(1) In general.--In this section, an approved Canadian pharmacy is a pharmacy that-- ``(A) is located in Canada; and ``(B) that the Secretary certifies-- ``(i) is licensed to operate and dispense prescription drugs to individuals in Canada; and ``(ii) meets the criteria under paragraph (3). ``(2) Publication of approved canadian pharmacies.--The Secretary shall publish on the Internet Web site of the Food and Drug Administration a list of approved Canadian pharmacies, including the Internet Web site address of each such approved Canadian pharmacy, from which individuals may purchase prescription drugs in accordance with subsection (a). ``(3) Additional criteria.--To be an approved Canadian pharmacy, the Secretary shall certify that the pharmacy-- ``(A) has been in existence for a period of at least 5 years preceding the date of such certification and has a purpose other than to participate in the program established under this section; ``(B) operates in accordance with pharmacy standards set forth by the provincial pharmacy rules and regulations enacted in Canada; ``(C) has processes established by the pharmacy, or participates in another established process, to certify that the physical premises and data reporting procedures and licenses are in compliance with all applicable laws and regulations, and has implemented policies designed to monitor ongoing compliance with such laws and regulations; ``(D) conducts or commits to participate in ongoing and comprehensive quality assurance programs and implements such quality assurance measures, including blind testing, to ensure the veracity and reliability of the findings of the quality assurance program; ``(E) agrees that laboratories approved by the Secretary shall be used to conduct product testing to determine the safety and efficacy of sample pharmaceutical products; ``(F) has established, or will establish or participate in, a process for resolving grievances and will be held accountable for violations of established guidelines and rules; ``(G) does not resell products from online pharmacies located outside Canada to customers in the United States; and ``(H) meets any other criteria established by the Secretary.''.", "summary": "Safe and Affordable Drugs from Canada Act of 2015 Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require the Department of Health and Human Services (HHS) to promulgate regulations within 180 days permitting individuals to import a prescription drug purchased from an approved Canadian pharmacy that: is dispensed by a pharmacist licensed in Canada; is purchased for personal use in quantities not greater than a 90-day supply; is filled using a valid prescription issued by a physician licensed to practice in the United States; and has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved under the FFDCA. Sets forth exceptions, including for controlled substances and biological products. Establishes a certification process for approving Canadian pharmacies. Requires HHS to publish a list of approved Canadian pharmacies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Michelle's Law''. SEC. 2. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF ABSENCE. (a) Amendments of ERISA.--Subpart A of part 7 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following: ``SEC. 704. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF ABSENCE. ``(a) Medically Necessary Leave of Absence.--In this section, the term `medically necessary leave of absence' means a leave of absence from a postsecondary educational institution (including an institution of higher education as defined in section 102 of the Higher Education Act of 1965) that-- ``(1) is due to a severe illness or injury, as certified by the attending physician of the dependent child involved; and ``(2) causes the dependent child involved to lose full-time student status. ``(b) Requirement To Continue Coverage.-- ``(1) In general.--In the case of a dependent child described under paragraph (2), a group health plan (or health insurance coverage offered in connection with such a plan) shall not terminate coverage of such child due to a medically necessary leave of absence before the date that is the earlier of-- ``(A) the date that is 1 year after the first day of the medically necessary leave of absence; or ``(B) the date on which such coverage would otherwise terminate under the terms of the plan. ``(2) Child described.--A dependent child described in this paragraph is a child who-- ``(A) is a dependent of a participant or beneficiary of the plan or coverage; ``(B) is 18 years of age or older; ``(C) was enrolled in the plan or coverage as of the first day of the medically necessary leave of absence involved; and ``(D) was enrolled as a full-time student at a postsecondary educational institution (as described in subsection (a)) until the first day of the medically necessary leave of absence involved. ``(3) Certification by physician.--Paragraph (1) shall not apply to a group health plan (or health insurance coverage offered in connection with such a plan) unless the dependent child submits to the plan or issuer and the postsecondary educational institution involved, documentation and certification by the child's attending physician stating that the leave of absence involved is a medically necessary leave of absence. ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any breaks in the school semester shall not disqualify a dependent child described under subsection (b) from coverage under this section. ``(d) No Additional Coverage.--A dependent child described under subsection (b) shall be entitled to an extension under this section of only those benefits to which the child was entitled under the terms of the plan or coverage as of the first day of the medically necessary leave of absence involved. ``(e) Coverage Under Successor Plan.--If an employer or health insurance issuer changes group health plans after the first day of a medically necessary leave of absence of dependent child described in subsection (b) but before the date described under subsection (b)(1), and such new group health plan offers coverage of dependent children, such new group health plan shall be subject to this section in the same manner as the group health plan coverage in effect on the first day of the medically necessary leave of absence of such dependent child. ``(f) Presumption.--For purposes of administrative or judicial proceedings, there shall be a rebuttable presumption that the documentation and certification under subsection (b)(3) entitles the dependent child involved to coverage as described under this section.''. (b) Amendments to the Internal Revenue Code.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (26 U.S.C. 9811 et seq.) is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage of dependent students on medically necessary leave of absence.''; and (2) by inserting after section 9813 the following: ``SEC. 9813. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF ABSENCE. ``(a) Medically Necessary Leave of Absence.--The term `medically necessary leave of absence' means a leave of absence from a postsecondary educational institution (including an institution of higher education as defined in section 102 of the Higher Education Act of 1965) that-- ``(1) is due to a severe illness or injury, as certified by the attending physician of the dependent child involved; and ``(2) causes the dependent child involved to lose full-time student status. ``(b) Requirement To Continue Coverage.-- ``(1) In general.--In the case of a dependent child described under paragraph (2), a group health plan (or health insurance coverage offered in connection with such a plan) shall not terminate coverage of such child due to a medically necessary leave of absence before the date that is the earlier of-- ``(A) the date that is 1 year after the first day of the medically necessary leave of absence; or ``(B) the date on which such coverage would otherwise terminate under the terms of the plan. ``(2) Child described.--A dependent child described in this paragraph is a child who-- ``(A) is a dependent of a participant or beneficiary of the plan or coverage; ``(B) is 18 years of age or older; ``(C) was enrolled in the plan or coverage as of the first day of the medically necessary leave of absence involved; and ``(D) was enrolled as a full-time student at a postsecondary educational institution (as described in subsection (a)) until the first day of the medically necessary leave of absence involved. ``(3) Certification by physician.--Paragraph (1) shall not apply to a group health plan (or health insurance coverage offered in connection with such a plan) unless the dependent child submits to the plan or issuer and the postsecondary educational institution involved, documentation and certification by the child's attending physician stating that the leave of absence involved is a medically necessary leave of absence. ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any breaks in the school semester shall not disqualify a dependent child described under subsection (b) from coverage under this section. ``(d) No Additional Coverage.--A dependent child described under subsection (b) shall be entitled to an extension under this section of only those benefits to which the child was entitled under the terms of the plan or coverage as of the first day of the medically necessary leave of absence involved. ``(e) Coverage Under Successor Plan.--If an employer or health insurance issuer changes group health plans after the first day of a medically necessary leave of absence of dependent child described in subsection (b) but before the date described under subsection (b)(1), and such new group health plan offers coverage of dependent children, such new group health plan shall be subject to this section in the same manner as the group health plan coverage in effect on the first day of the medically necessary leave of absence of such dependent child. ``(f) Presumption.--For purposes of administrative or judicial proceedings, there shall be a rebuttable presumption that the documentation and certification under subsection (b)(3) entitles the dependent child involved to coverage as described under this section.''.", "summary": "Michelle's Law - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to prohibit a group health plan or health insurance coverage offered in connection with such a plan from terminating the coverage of a dependent child due to a medically necessary leave of absence from a postsecondary educational institution that causes the child to lose full-time status before the date that is the earlier of: (1) one year after the first day of the leave of absence; or (2) the date on which such coverage would otherwise terminate under the terms of the plan. Requires documentation and a certification by a physician."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sudden Oak Death Syndrome Control Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) tan oak, coast live oak, Shreve's oak, and black oak trees are among the most beloved features of the topography of California and the Pacific Northwest and efforts should be made to protect those trees from disease; (2) the die-off of those trees, as a result of the exotic fungal pathogen Phytophthora ramorum, is approaching epidemic proportions; (3) native plants and forests must be protected from Phytophthora ramorum; (4) more information is needed on-- (A) Phytophthora ramorum, including the existence of Phytophthora ramorum throughout the United States; and (B) sudden oak death syndrome, including-- (i) the causes; (ii) the methods of transmittal; and (iii) the best methods of treatment; (5) the host list for Phytophthora ramorum includes 60 plant species in 32 genera, including-- (A) some of the most popular and economically important landscape and garden plants in the United States; and (B) wild huckleberry plants, potentially endangering the commercial blueberry and cranberry industries; (6) sudden oak death syndrome threatens to create major economic and environmental problems in California, the Pacific Northwest, and other regions, including-- (A) the increased threat of fire and fallen trees; (B) the cost of tree removal and a reduction in property values; and (C) loss of revenue due to-- (i) restrictions on the movement of forest products and nursery stock; and (ii) the impact on the commercial nursery and small fruit industries; (7) in 2002, the Secretary of Agriculture imposed a quarantine on the exportation from 10 counties in northern California and Curry County, Oregon, of oak trees and nursery plants that serve as hosts for Phytophthora ramorum; (8) on April 9, 2004, after the discovery of Phytophthora ramorum in 2 nurseries in southern California-- (A) restrictions were placed on the interstate movement of species that could potentially serve as hosts to Phytophthora ramorum; and (B) new restrictions were implemented on the interstate movement of host plants and potential host plants from all commercial nurseries in the State of California that are outside the 10 quarantined counties; (9) on April 22, 2004, the restrictions referred to in paragraph (8)(B) were expanded to include-- (A) all plants in the same genus as host and potential host plants; and (B) plants growing within 10 meters of a host or potential host plant; and (10) several States and Canada have placed restrictions on the importation of nursery plants from California. SEC. 3. RESEARCH, MONITORING, AND REGULATION OF SUDDEN OAK DEATH SYNDROME. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall carry out a sudden oak death syndrome research, monitoring, and regulation program to develop methods to control, manage, or eradicate sudden oak death syndrome from-- (1) trees and shrubs on both public and private land; and (2) host plants and potential host plants from commercial nurseries. (b) Research, Monitoring, and Regulation Activities.--In carrying out the program under subsection (a), the Secretary may-- (1) conduct open space, roadside, and aerial surveys; (2) provide monitoring technique workshops with respect to-- (A) Phytophthora ramorum in wildland and urban areas; and (B) Phytophthora ramorum infestations in nurseries; (3) conduct a comprehensive and biologically sound national survey of forests, plant nurseries, and landscapes that may have been exposed to Phytophthora ramorum, with priority given to surveying and inspecting plants at commercial nurseries and adjacent wildlands throughout the United States; (4) develop a comprehensive risk assessment of the threat posed by Phytophthora ramorum to natural and managed plant resources in the United States, including modes of transmission and the risk of infestation; (5) conduct a study of a representative sample of nursery plants imported into the United States from Europe, where Phytophthora ramorum is known to be found; (6) develop baseline information on the distribution, condition, and mortality rates of oaks with Phytophthora ramorum infestation; (7) maintain a geographic information system database of Phytophthora ramorum occurrences; (8) conduct research on Phytophthora ramorum ecology, pathology, and management in wildland, urban, and nursery settings; (9) evaluate the susceptibility of oak and other vulnerable species in the United States, with priority given to evaluating the susceptibility of commercially important nursery species; (10) conduct assessments of trees that could pose a hazard due to infestation of Phytophthora ramorum; and (11) provide diagnostic services. SEC. 4. MANAGEMENT, TREATMENT, AND FIRE PREVENTION. (a) In General.--The Secretary shall conduct sudden oak death syndrome management, treatment, and fire prevention activities. (b) Management, Treatment, and Fire Prevention Activities.--In carrying out subsection (a), the Secretary shall-- (1) carry out activities to reduce the threat of fire and fallen trees killed by sudden oak death syndrome; (2) increase and improve firefighting and emergency response capabilities in areas where fire hazard has increased due to tree die-off; (3) treat vegetation to prevent fire in areas heavily infected with sudden oak death syndrome; and (4) provide grants to local units of government for hazard tree removal, disposal and recycling, assessment and management of restoration and mitigation projects, green waste treatment facilities, reforestation, and resistant tree breeding. SEC. 5. EDUCATION AND OUTREACH. (a) In General.--The Secretary shall conduct education and outreach activities to make information available to the public on sudden death oak syndrome. (b) Education and Outreach Activities.--In carrying out subsection (a), the Secretary may-- (1) develop and distribute educational materials for homeowners, arborists, urban foresters, park managers, public works personnel, recreationists, nursery workers, landscapers, naturists, firefighting personnel, and other individuals, as the Secretary determines appropriate; (2) design and maintain a website to provide information on sudden oak death syndrome; and (3) provide financial and technical support to States, local governments, and nonprofit organizations providing information on sudden oak death syndrome. SEC. 6. INTERGOVERNMENTAL COMMUNICATION. (a) Sense of Congress.--It is the sense of Congress that close communication between the affected agencies at all levels of government is required for the programs authorized under this Act to be effective. (b) Regular Meetings or Consultations.-- (1) In general.--In accordance with section 204(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534(a)), the Secretary shall convene regular meetings of, or conduct regular consultations with, Federal, State, tribal, and local government officials for the purpose of providing a means of exchanging information and recommendations on how to carry out this Act effectively. (2) Requirements.--Meetings or consultations conducted under paragraph (1) shall-- (A) be conducted in a manner that ensures that the various regions of the United States are represented; and (B) include-- (i) representatives from the Animal and Plant Health Inspection Service; (ii) representatives from the Agriculture Research Service; (iii) representatives from the Cooperative State Research, Education, and Extension Service; (iv) representatives from the Forest Service; (v) representatives from State forester offices; and (vi) State representatives from the National Plant Board. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each of fiscal years 2005 through 2009-- (1) to carry out section 3, $25,000,000; (2) to carry out section 4, $18,500,000; and (3) to carry out section 5, $700,000. Passed the Senate December 8, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 2575 _______________________________________________________________________ AN ACT To direct the Secretary of Agriculture to conduct research, monitoring, management, treatment, and outreach activities relating to sudden oak death syndrome and to convene regular meetings of, or conduct regular consultations with, Federal, State, tribal, and local government officials to provide recommendations on how to carry out those activities.", "summary": "Sudden Oak Death Syndrome Control Act of 2004 - (Sec. 3) Directs the Secretary of Agriculture to carry out a sudden oak death syndrome (Phytophthora ramorum) research, monitoring, and regulation program to control or eradicate sudden oak death syndrome from: (1) trees and shrubs on public and private land; and (2) host and potential host plants from commercial nurseries. Authorizes the Secretary to: (1) conduct open space, roadside, and aerial surveys; (2) provide monitoring workshops; (3) conduct a national survey of forests, plant nurseries, and landscapes that may have been exposed to Phytophthora ramorum, and develop a related risk assessment; (4) develop baseline information on infected oaks and maintain a geographic information system database of Phytophthora ramorum occurrences; (5) conduct Phytophthora ramorum research; (6) evaluate tree species susceptibility; and (7) provide diagnostic services. (Sec. 4) Directs the Secretary to conduct sudden oak death syndrome management, treatment, and fire prevention activities, including: (1) firefighting and emergency response improvements; and (2) local government grants for tree removal, disposal, and recycling, restoration and mitigation projects, green waste treatment facilities, reforestation, and resistant tree breeding. (Sec. 5) Directs the Secretary to conduct outreach and education activities, including: (1) educational materials development and distribution, including a website; and (2) financial and technical support to States, local governments, and nonprofit organizations providing information on sudden oak death syndrome. (Sec. 6) Expresses the sense of Congress that agency communication at all governmental levels is required for program effectiveness. Directs the Secretary to meet and consult regularly with Federal, State, tribal, and local government officials to exchange program information. (Sec. 7) Authorizes appropriations for FY 2005 through 2009."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Security Credit Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) United States households are experiencing significant levels of financial vulnerability, characterized by a lack of personal savings. The personal savings rate reached historic lows in the past decade, and a lack of personal savings was a major contributor to the recession of 2007-2009, and to the slow recovery of ensuing years. (2) Households continue to lack the savings or structures to meet short-term and long-term needs, as evidenced by the following: (A) According to the Employee Benefit Research Institute, among full-time, full-year wage and salary workers ages 21-64, only 54.5 percent participated in a retirement plan in 2013. (B) According to the Federal Deposit Insurance Corporation 2013 Survey of Unbanked and Underbanked Households, an estimated 7.7 percent of United States households are unbanked. These households do not have a checking or savings account. In total, 31.2 percent of households do not have a savings account. (C) According to the Pew Charitable Trusts, the majority of American households (55 percent) are savings-limited, meaning they can replace less than one month of their income through liquid savings. (3) Financial shocks are common and savings make households more resilient to financial shocks and more upwardly mobile, as evidenced by the following: (A) Substantial fluctuations in family income are the norm. In any given 2-year period, nearly half of households experience an income gain or drop of more than 25 percent, a rate of volatility that has been relatively constant since 1979. (B) Even small sums of savings, $2,000 or less, have been shown to significantly reduce the incidence of negative financial or material outcomes, such as foregoing adequate nutrition. (C) Children born to low-income, high-saving parents are much more likely (71 percent) to move up the economic ladder than children born to low-income, low-saving parents (50 percent) over a generation. (4) Emergency savings are necessary to protect retirement savings from early, penalized withdrawals and to support long- term retirement security. (5) Successful pilot programs administered through local Volunteer Income Tax Assistance sites in cities as diverse as Houston, Texas; Newark, New Jersey; New York City, New York; San Antonio, Texas; and Tulsa, Oklahoma, have shown that tax filers with low incomes can and will save when presented with the right incentive at the right moment and access to an account. The potential of increasing savings at tax time among low- and moderate-income households has been further validated by the low-touch, large-scale pilot Refund to Savings. (6) It is in the economic interests of the United States to promote savings among all members of society, regardless of income. SEC. 3. FINANCIAL SECURITY CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: ``SEC. 36C. FINANCIAL SECURITY CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for a taxable year an amount equal to the lesser of-- ``(1) $500, or ``(2) 50 percent of the total amount deposited or contributed by the taxpayer in accordance with subsection (b)(1) into designated savings products during such taxable year. ``(b) Limitations.-- ``(1) Credit must be deposited in or contributed to designated savings product.--No amount shall be allowed as a credit under subsection (a) for a taxable year unless the taxpayer designates on the taxpayer's return of tax for the taxable year that the amount of the credit for such taxable year be deposited in or contributed to one or more designated savings products of the taxpayer and the Secretary makes such deposits or contributions to the designated savings products. ``(2) Limitation based on adjusted gross income.-- ``(A) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount of such credit (determined without regard to this paragraph) as-- ``(i) the amount by which the taxpayer's adjusted gross income exceeds the threshold amount, bears to ``(ii) $15,000. ``(B) Threshold amount.--For purposes of subparagraph (A), the term `threshold amount' means-- ``(i) $55,500 in the case of a joint return, ``(ii) $41,625 in the case of an individual who is not married, and ``(iii) 50 percent of the dollar amount in effect under clause (i) in the case of a married individual filing a separate return. For purposes of this subparagraph, marital status shall be determined under section 7703. ``(c) Designated Savings Product.--For purposes of this section, the term `designated savings product' means any of the following: ``(1) A qualified retirement plan (as defined in section 4974(c)). ``(2) A qualified tuition program (as defined in section 529). ``(3) A Coverdell education savings account (as defined in section 530). ``(4) A United States savings bond. ``(5) A certificate of deposit (or similar class of deposit) with a duration of at least 8 months. ``(6) A savings account. ``(7) Any other type of savings product considered to be appropriate by the Secretary for the purposes of this section. ``(d) Special Rules.-- ``(1) Tax refunds treated as deposited or contributed in current taxable year.--For purposes of subsection (a)(2), the amount of any overpayment of taxes refunded to the taxpayer (reduced by any amount attributable to the credit allowed under this section by reason of being considered as an overpayment by section 6401(b)) and designated for deposit in or contribution to a designated savings product of the taxpayer shall be treated as an amount deposited or contributed in the taxable year in which so deposited or contributed. ``(2) Maintenance of deposit.--No contribution or deposit shall be taken into account under subsection (a) unless such contribution or deposit remains in the designated savings product for not less than 8 continuous months. ``(3) Reduction in deposits in designated savings products.-- ``(A) In general.--The amount of deposits or contributions taken into account under subsection (a) shall be reduced (but not below zero) by the aggregate amount of distributions (other than interest from designated savings products specified in paragraphs (4), (5), (6), and (7) of subsection (c)) from all designated savings products of the taxpayer during the testing period. The preceding sentence shall not apply to the portion of any distribution which is not includible in gross income by reason of a trustee-to- trustee transfer or a rollover distribution. ``(B) Testing period.--For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes-- ``(i) such taxable year, ``(ii) the 2 preceding taxable years, and ``(iii) the period after such taxable year and before the due date (including extensions) for filing the return of tax for such taxable year. ``(C) Other rules.--Rules similar to subparagraphs (C) and (D) of section 25B(d)(2) shall apply for purposes of this paragraph. ``(4) Denial of double benefit.--No credit shall be allowed under section 25B with respect to any deposit for which a credit is allowed under this section. ``(5) Coordination with other refundable credits.--The credit allowed by subsection (a) shall be taken into account after taking into account the credits allowed by (or treated as allowed by) this subpart (other than this section). ``(e) Inflation Adjustments.-- ``(1) Credit limit.--In the case of any taxable year beginning in a calendar year after 2016, the dollar amount in subsection (a)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(2) AGI thresholds.--In the case of any taxable year beginning in a calendar year after 2016, each of the dollar amounts in clauses (i) and (ii) of subsection (b)(2)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(3) Rounding.-- ``(A) Credit limit.--If any increase under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next lowest multiple of $10. ``(B) AGI thresholds.--If any increase under paragraph (1) is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. ``(f) Regulations.--Not later than 12 months from date of enactment of this section, the Secretary shall issue such regulations or other guidance as the Secretary determines necessary or appropriate to carry out this section, including regulations or guidance-- ``(1) to ensure that designated savings products are subject to appropriate reporting requirements, including the reporting of contributions and other deposits during the calendar year, end of calendar year account balances, and earnings from designated savings products specified in paragraphs (4), (5), (6), and (7) of subsection (c), ``(2) to carry out the maintenance of deposit provisions under subsection (d)(2), and ``(3) to prevent avoidance of the purposes of this subsection.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36C the following new item: ``Sec. 36C. Financial security credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 4. OPENING OF ACCOUNTS ON FEDERAL INCOME TAX RETURNS TO FACILITATE SAVINGS. (a) Notification of Option.-- (1) In general.--The Commissioner of Internal Revenue shall notify individuals who may qualify for a credit under section 36C of the Internal Revenue Code of 1986 but fail to provide sufficient information to allow the Secretary to deposit or contribute the credit amount to a designated savings product that they have the option of an electronic direct deposit and that they may be eligible for the financial security credit under section 36C of such Code if they deposit a refund or a portion of their refund in any designated savings product. (2) Method of notification.--The notification under paragraph (1) shall be made through-- (A) a public awareness program undertaken by the Secretary of the Treasury, in concert with the Commissioner of Internal Revenue and others as necessary, beginning not later than 6 months after the date of the enactment of this Act; (B) tax return preparers and low-income taxpayer clinics; and (C) the inclusion of such a notice in the instruction material for any Federal income tax return. (b) Establishment of Designated Account Program.--The Secretary of the Treasury shall develop, in consultation with the Federal Management System, a program to minimize the delivery of non-electronic Federal income tax refunds by depositing refunds electronically to a safe, low- cost account held by a depository institution. This program shall include-- (1) provisions for such tax refunds to be deposited into a designated account; (2) establishment of account parameters with respect to minimum balance requirements, limitations on overdrafts, overdraft fees, other fees, and additional requirements; (3) establishment of means for the taxpayer to access the account electronically and to have timely, direct access to the funds in the account; and (4) provisions to allow taxpayers to open an account with their Federal income tax refunds through financial service providers, so long such account is held at a depository institution insured under the Federal Deposit Insurance Act or a credit union insured under the Federal Credit Union Act. (c) Effective Date.--The notification under subsection (a) and the program under subsection (b) shall be effective with respect to Federal income tax returns for taxable years beginning after December 31, 2015.", "summary": "Financial Security Credit Act of 2015 This bill amends the Internal Revenue Code to allow an income-based tax credit equal to the lesser of $500 or 50% of the total amount deposited or contributed into designated savings products in a taxable year (financial security credit). A \"designated savings product\" is a qualified retirement plan, a qualified tuition plan, a Coverdell education savings account, a U.S. savings bond, a certificate of deposit with a duration of at least eight months, a savings account, or other savings product considered appropriate by the Department of the Treasury. The Internal Revenue Service must notify individual taxpayers who may qualify for a financial security credit that they have the option of an electronic direct deposit if they deposit any portion of their tax refund into a designated savings product."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Maternal Motor Vehicle Crash Safety Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Highway Traffic Safety Administration. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Appropriations and Committee on Commerce, Science, and Transportation of the Senate and the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives. (3) Biofidelic.--The term ``biofidelic'' means having the property of responding to and being impacted by crash and other external forces in a manner directly consistent with the way in which a live human being would respond to and be impacted by such forces. (4) Data linkage system.--The term ``data linkage system'' means an information system that is capable of accurately tracking adverse health effects and birth outcomes for pregnant women who are occupants of a motor vehicle that is involved in a crash and the unborn children of such women, through the connection and analysis of multiple data sources. (5) Unborn child.--The term ``unborn child'' means a member of the species homo sapiens, at any stage of development, who is carried in the womb. SEC. 3. FINDINGS. Congress makes the following findings: (1) Injuries are the leading cause of pregnancy-associated deaths in the United States. (2) Motor vehicle crashes are the leading cause of injury deaths in women of reproductive age and the leading cause of injury hospitalizations among pregnant women. (3) Studies have indicated that motor vehicles are estimated to account for up to 80 percent of injury related deaths among unborn children. (4) Transportation Research Board publications indicate that deaths among unborn children due to motor vehicle crashes are more frequent than several notable fatal childhood injuries, including bicycle related deaths in children aged 0 through 15, firearm related deaths in children aged 0 through 9, and motor vehicle crash related deaths in children aged 0 through 1. (5) Studies suggest that approximately 3 percent of all babies born in the United States are involved in a motor vehicle crash while in utero. (6) Studies have shown that elevated risks of birth-related threats and obstetric complications following crashes involving pregnant women include-- (A) premature childbirth; (B) low birth weight; (C) placental injury; (D) uterine rupture; and (E) amniotic rupture. (7) Despite advances in vehicle safety, pregnant women have not received the special attention and consideration needed to understand, reduce, and prevent the risks of adverse pregnancy outcomes related to crashes. (8) There is a need for more research and application using anthropometric test devices and computerized modeling systems that represent pregnant women during all stages of pregnancy. (9) During pregnancy, the risks of traumatic injury to a woman is shared by the woman's unborn child. Assessing the magnitude and characteristics of those risks through data linkage systems, comparing the risks to other injuries and diseases, and reducing them, are important unmet challenges for improving maternal and child health. (10) A better understanding is needed about what can happen during, and after, a pregnant woman is involved in a motor vehicle crash. This includes the effects of a crash on the mother, the unborn child, and the delicate physiological balance between the mother and child that separates healthy from unhealthy pregnancies, including the effects of maternal physiologic adaptations to trauma, fluid loss and shock, effects from maternal stress, effects from diagnostic regimens, medical or surgical procedures, or the wide variety of prescription medicines, and other medication taken by the mother. (11) Despite the importance of the health of mothers and unborn children involved in motor vehicle crashes, agencies and data linkage systems responsible for tracking motor vehicle injuries, deaths, and other measures of adverse outcome rarely capture pregnancy status. (12) Existing data collection and analysis systems generally do not count unborn children involved in motor vehicle crashes and do not follow them after their birth to ascertain the effects of the crash on long-term neuro- developmental and functional outcomes. SEC. 4. SENSE OF CONGRESS ON IMPROVEMENTS TO THE NATIONAL AUTOMOTIVE SAMPLING SYSTEM CRASHWORTHINESS DATA SYSTEM. It is the sense of Congress that the Administrator-- (1) should continue to include in the National Automotive Sampling System Crashworthiness Data System maintained by the Administrator data related to motor vehicle crashes that involved a pregnant women; and (2) should identify other means to advance the current level of understanding regarding the number, nature, and impact of motor vehicle crashes involving pregnant women and their unborn children through data collection, data linkage systems, and analysis systems. SEC. 5. GRANTS FOR DATA LINKAGE SYSTEMS PROGRAMS. (a) In General.--The Administrator shall, in consultation with appropriate officials of State agencies or public health organizations, carry out a program to provide grants and other incentives, including technical assistance to eligible entities for the purpose described in subsection (b). (b) Purpose.--A grant or other incentive provided under this section shall be used to promote the development of data linkage systems described in subsection (e). (c) Eligible Entity.--In this section, the term ``eligible entity'' means an academic, public health, or transportation safety organization or a State or local government agency that the Administrator determines is appropriate to receive a grant or incentive under this section. (d) Application and Award Process.-- (1) Applications.--Each eligible entity seeking a grant under this section shall submit an application to the Administrator at such time and in such manner as the Administrator may require. (2) Awards.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall establish-- (A) the criteria for awarding a grant or incentive under this section; and (B) a competitive, merit-based process to select applications to receive a grant or incentive under this section. (3) Publication.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall publish in the Federal Register the criteria and process described in paragraph (2). (e) Program Structure.--The data linkage systems eligible to receive assistance under this section are systems that use the following sources: (1) State and local vital statistics databases, including birth, infant, and death records. (2) State and local crash and driver's license records. (3) Other computerized health records as available, including emergency medical services reports and hospital and emergency room admission and discharge records. (f) Existing Data Systems.--To the maximum extent possible, the Administrator shall integrate the grant and incentive program carried out under this section with the existing State specific Crash Outcome Data Evaluation Systems carried out by the Administrator to utilize the capabilities, linkage expertise, and organizational relationships of such Systems to provide a foundation for improving the tracking of adverse health effects and birth outcomes for pregnant women who are occupants of a motor vehicle at the time of a crash and their unborn children. (g) Data Security and Privacy.--In carrying out this section, the Administrator and any eligible entity selected to receive a grant or incentive under this section for a data linkage system shall ensure that personal identifiers and other information utilized in that data linkage system related to a specific individual is handled in a manner consistent with all applicable Federal, State, and local laws and regulations and to ensure the confidentiality of such information, and in the manner necessary to prevent the theft, manipulation, or other unlawful or unauthorized use of personal information contained in data sources used for linkage studies. (h) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $2,500,000 for each of the fiscal years 2007, 2008, 2009, and 2010 to carry out this section. (2) Availability of funds.--Funds appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. SEC. 6. SAFETY RESEARCH PROGRAM AND NATIONAL CONFERENCE. (a) Safety Research Program.-- (1) Requirement to conduct.--The Administrator shall conduct a research program as described in this section to promote the health and safety of pregnant women who are involved in motor vehicle crashes and of their unborn children. (2) High priority research areas.--In carrying out the research program under this section, the Administrator shall place a high priority on conducting research to-- (A) investigate methods to maximize the injury prevention performance of standard 3-point safety belts for pregnant women during all stages of pregnancy; (B) analyze the effectiveness of technologies designed to modify or extend the safety performance of 3-point safety belts for pregnant women across a range of pregnancy phases, including technologies currently available in the marketplace; (C) develop biofidelic, anthropometric test devices that are representative of pregnant women during all stages of pregnancy; and (D) develop biofidelic, computer models that are representative of pregnant women during all stages of pregnancy to aid in understanding crash forces relevant to the safety of pregnant women and unborn children that may include the utilization of existing modeling systems developed by private and academic institutions, if appropriate. (b) National Conference.-- (1) Requirement to convene.--Not later than 18 months after the date of the enactment of this Act, the Administrator, in consultation with the heads of other appropriate Federal agencies, shall convene a national research conference for the purpose of identifying critical scientific issues for research on the safety of pregnant women involved in motor vehicle crashes and their unborn children. (2) Purpose of the conference.--The purpose of the conference required by paragraph (1) shall be to establish and prioritize a list of research questions to guide future research related to the safety of pregnant women involved in motor vehicle crashes and their unborn children. (3) Authority to partner with other organizations.--The Administrator is authorized to carry out the conference required by paragraph (1) in a partnership with organizations recognized for expertise related to the research described in paragraph (2). (c) Report Required.--Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report that describes-- (1) the research program carried out by the Administration pursuant to subsection (a), including any findings or conclusions associated with such research program; and (2) the priorities established at the national conference required by subsection (b), plans for regulations or future programs, or factors limiting the effectiveness of such research. (d) Authorization of Appropriations.-- (1) In general.--For each of the fiscal years 2007, 2008, and 2009, there are authorized to be appropriated such sums as necessary to carry out this section. (2) Availability of funds.--Funds appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. SEC. 7. PUBLIC OUTREACH AND EDUCATION. (a) In General.--The Administrator shall conduct a public outreach and education program to increase awareness of the unique safety risks associated with motor vehicle crashes for pregnant women and the unborn children of such women and of the methods available to reduce such risks. Such program shall include making information regarding the injury-prevention value of proper safety belt and airbag use available to the public. (b) Targeted Outreach.--The Administrator shall carry out the program described in subsection (a) in a manner that utilizes media and organizational partners to effectively educate pregnant women, ensure an overall educational impact, and efficiently utilize the program's resources. (c) Program Initiation and Duration.--The Administrator shall initiate the program described in subsection (a) not later than 12 months after the date of the enactment of this Act, and shall maintain such program for not less than 24 months, subject to the availability of funds. SEC. 8. INCLUSION OF SAFETY DATA IN ANNUAL ASSESSMENT. (a) In General.--Subject to subsection (b), the Administrator shall include a discussion of data regarding the safety of pregnant women who are involved in motor vehicle crashes and of their unborn children, including any relevant trends in such data, in each of the Annual Assessment of Motor Vehicle Crashes published by the National Center for Statistics and Analysis of the National Highway Traffic Safety Administration or an equivalent publication of such Center. (b) Report to Congress.--If the Administrator determines that including the information described in subsection (a) in the Annual Assessment of Motor Vehicle Crashes or an equivalent publication is not feasible, the Administrator shall submit a report to the appropriate congressional committees not later than 60 days after the date of the release of such Annual Assessment or equivalent publication that states the reasons that it was not feasible to include such information and an analysis of the steps necessary to make such information available in the future.", "summary": "Maternal Motor Vehicle Crash Safety Act of 2006 - Expresses the sense of Congress with respect to the National Automotive Sampling System Crashworthiness Data System. Directs the Administrator of the National Highway Traffic Safety Administration (NHTSA) to: (1) provide grants and other incentives to eligible entities to promote the development of data linkage systems that improve the tracking of adverse health effects and birth outcomes for pregnant women involved in motor vehicle crashes; (2) conduct a research program to promote the health and safety of such women and their unborn children; and (3) conduct a public outreach and education program to increase awareness of safety risks associated with motor vehicle crashes for such women and children and methods to reduce such risks. Directs the Administrator to include data regarding the safety of pregnant women and their unborn children who are involved in motor vehicle crashes in the NHTSA's Annual Assessment of Motor Vehicle Crashes."}
{"article": "SECTION 1. TABLE OF CONTENTS. (a) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Table of contents. Sec. 2. References to title 38, United States Code. TITLE I--VETERANS HEALTH-CARE IMPROVEMENTS Sec. 101. Care for newborn children of enrolled women veterans. Sec. 102. Outpatient dental care for all former prisoners of war. Sec. 103. Pay comparability for Director, Nursing Service. TITLE II--VETERANS' BENEFIT PROGRAMS Sec. 201. Limitation on provision of certain benefits. Sec. 202. Clarification of procedures regarding disqualification of certain individuals for memorialization in veterans cemeteries. Sec. 203. Clarification of the period for appealing rulings of the Board of Veterans' Appeals. TITLE III--VA PROGRAM ADMINISTRATION IMPROVEMENTS Sec. 301. Repeal of cap on number of non-career members of senior executive service serving in VA. Sec. 302. Repeal of preceding-service requirement for VA Deputy Assistant Secretaries. Sec. 303. Revolving supply fund amendments. Sec. 304. Redefinition of ``minority group member'' in 38 U.S.C. Sec. 544(d). SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. TITLE I--VETERANS HEALTH-CARE IMPROVEMENTS SEC. 101. CARE FOR NEWBORN CHILDREN OF ENROLLED WOMEN VETERANS. Section 1701 is amended: (1) in subsection (6), (A) by striking out ``and'' at the end of paragraph (A); (B) by adding ``and'' at the end of paragraph (B); and (C) by adding at the end the following new paragraph: ``(C) care for newborn children.''; and (2) by adding at the end the following new subsection: ``(11) The term ``care for newborn children'' means care provided to an infant of a woman veteran enrolled in the VA health care system. Such care may be provided until the mother is discharged from the hospital after delivery of the child or for 14 days after the date of birth of the child, whichever period is shorter, and only if the Department contracted for the delivery of the child.''. SEC. 102. OUTPATIENT DENTAL CARE FOR ALL FORMER PRISONERS OF WAR. Section 1712(a)(1)(F) is amended by striking out ``for a period of not less than 90 days''. SEC. 103. PAY COMPARABILITY FOR DIRECTOR, NURSING SERVICE. (a) Section 7306(a)(5) is amended by adding at the end thereof, ``The position shall be exempt from the provisions of section 7451 of this title and shall be paid at the maximum rate payable to a Senior Executive Service employee under 5 U.S.C. Sec. Sec. 5304(g) and 5382.''. (b) Section 7404 (d) is amended by deleting ``section'' the first time it appears and inserting in its place ``sections 7306(a)(5) and''. TITLE II--VETERANS' BENEFIT PROGRAMS SEC. 201. LIMITATION ON PROVISION OF CERTAIN BENEFITS. (a) Prohibitions.--(1) Section 112 is amended by adding at the end the following new subsection: ``(c) A certificate shall not be furnished under this program on behalf of a deceased veteran described in section 2411(b) of this title.''. (2) Section 2301 is amended by adding at the end the following new subsection: ``(f) A flag shall not be furnished under this section on behalf of a deceased veteran described in section 2411(b) of this title.''. (3) Section 2306 is amended by adding at the end the following new subsection: ``(f)(1) A headstone or marker shall not be furnished under subsection (a) for the unmarked grave of an individual described in section 2411(b) of this title. ``(2) A memorial headstone or marker shall not be furnished under subsection (b) for the purpose of commemorating an individual described in section 2411(b) of this title.''. (b) Effective Date.--The amendments made by this section shall apply to deaths occurring on or after the date of its enactment. SEC. 202. CLARIFICATION OF PROCEDURES REGARDING DISQUALIFICATION OF CERTAIN INDIVIDUALS FOR MEMORIALIZATION IN VETERANS CEMETERIES. Section 2411(a)(2) is amended-- (1) by striking ``The prohibition'' and inserting ``In the case of a person described in subsection (b)(1) or (b)(2), the prohibition''; and (2) by striking ``or finding under subsection (b)'' and inserting ``referred to in subsection (b)(1) or (b)(2), respectively''. SEC. 203. CLARIFICATION OF THE PERIOD FOR APPEALING ULINGS OF THE BOARD OF VETERANS APPEALS. (a) Clarification.--Paragraph (1) of section 7266(a) is amended by striking ``notice of the decision is mailed pursuant to section 7104(e) of this title'' and inserting ``a copy of the decision, pursuant to section 7104(e) of this title, is mailed or sent to the claimant's representative or, if the claimant is not represented, mailed to the claimant''. (b) Effective Date.--The amendments made by subsection (a) apply to Board of Veterans' Appeals decisions made on or after the date of enactment of this Act. TITLE III--VA PROGRAM ADMINISTRATION IMPROVEMENTS SEC. 301. REPEAL OF CAP ON NUMBER OF NON-CAREER MEMBERS OF SENIOR EXECUTIVE SERVICE SERVING IN VA. (a) Section 709(a) is repealed. (b) Section 709 is amended by re-designating subsections (b) and (c) as subsections (a) and (b), respectively. SEC. 302. REPEAL OF PRECEDING-SERVICE REQUIREMENT FOR VA DEPUTY ASSISTANT SECRETARIES. (a) Section 308(d)(2) is repealed. (b) Section 308 is amended by deleting ``(1)'' from subsection (d). SEC. 303. REVOLVING SUPPLY FUND AMENDMENTS. Section 8121(a) is amended-- (1) by adding ``and for medical supplies, equipment, and services for the Department of Defense'' after ``Department''; (2) in paragraph (2), by adding ``of the Department and the Department of Defense'' after ``appropriations''; and (3) in paragraph (3), by adding ``of the Department and the Department of Defense'' after ``appropriations''. SEC. 304. REDEFINITION OF ``MINORITY GROUP MEMBER'' IN 38 U.S.C. Sec. 544(D). Section 544(d) is amended to read as follows: ``(d) In this section, the term `minority group member' means an individual who is-- ``(1) American Indian or Alaska Native; ``(2) Asian; ``(3) African American; ``(4) Native Hawaiian or other Pacific Islander; or ``(5) Hispanic, Spanish, or Latino.''.", "summary": "Revises Federal veterans' programs to: (1) include care for newborn children among medical services provided under the Department of Veterans Affairs health care program for an enrolled woman veteran; (2) require outpatient dental care for all former prisoners of war (currently, only those interned for at least 90 days); (3) set the pay for the Director of Nursing Service at the maximum rate payable to a Senior Executive Service member; (4) prohibit a veteran's honorable service certificate from being awarded on behalf of a veteran convicted of a Federal or State crime; (5) repeal a limitation on the number of non-career members serving in the Department; (6) repeal a requirement for at least five years of continuous Federal service prior to appointment as a Department Deputy Assistant Secretary; (7) allow the Department's operation and maintenance revolving supply fund to be used for medical supplies, equipment, and services for the Department of Defense; and (8) include Spanish or Latino individuals under the definition of a \"minority group member\" for purposes of the Department's Advisory Committee on Minority Veterans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Seller-Financed Downpayment Reform and Risk-Based Pricing Authorization Act of 2008''. SEC. 2. FHA SELLER-FINANCED DOWNPAYMENT PROGRAM. Paragraph (9) of section 203(b) of the National Housing Act (12 U.S.C. 1709(b)(9)) is amended-- (1) in subparagraph (C), by striking ``In no case shall the funds required by subparagraph (A)'' and inserting the following: ``Except in the case of a mortgage described in subparagraph (D), the funds required by subparagraph (A) shall not''; and (2) by adding at the end the following new subparagraphs: ``(D) Exceptions to prohibited sources.--A mortgage described in this subparagraph is any of the following mortgages: ``(i) A mortgage under which the mortgagor has a credit score equivalent to a FICO score of 680 or greater. ``(ii) A mortgage under which-- ``(I) the mortgagor has a credit score equivalent to a FICO score of at least 620 but less than 680; and ``(II) mortgage insurance premiums charged are established-- ``(aa) at levels necessary, but no higher than needed, to allow such class of loans to be insured without resulting in a need for an appropriation for a credit subsidy, which may exceed the maximum amount permitted under section 203(c)(2)(B); ``(bb) in the case of the single premium collected at the time of insurance, in an amount not exceeding 3.0 percent of the amount of the original principal obligation of the mortgage; and ``(cc) in the case of the annual premium for a mortgage under which the mortgagor has a credit score equivalent to a FICO score of at least 640 but less than 680, in an amount not exceeding 1.25 percent of the remaining insured principal balance (excluding the portion of the remaining balance attributable to the premium collected at the time of insurance and without taking into account delinquent payments or prepayments). ``(iii) For mortgages insured in fiscal year 2010 or thereafter, a mortgage under which the mortgagor has a credit score equivalent to a FICO score of 619 or less, but only if the Secretary certifies that such loans can be insured without resulting in a need for an appropriation for a credit subsidy. For such mortgages, the Secretary may charge premiums at levels authorized under items (bb) and (cc) of clause (ii)(II) and may establish a credit or FICO score limitation or impose such other requirements as are necessary to meet the conditions for certification under this clause. ``(E) Requirements for downpayment assistance entities.--Any entity participating in a program that provides downpayment assistance for a mortgage described in subparagraph (D) pursuant to the exception under subparagraph (C), which programs shall include programs of governmental agencies and private nonprofit organizations, shall, before the closing for the loan involved in the mortgage in connection with which such assistance is provided-- ``(i) offer to make available, to the mortgagor, counseling regarding the responsibilities and financial management involved in homeownership; ``(ii) if such offer is accepted by the mortgagor, make such counseling available for the mortgagor; and ``(iii) in the case of any such entity that is a private nonprofit organization, implement a conflict of interest policy that prohibits directors, officers, employees, and immediate family members from receiving financial benefits from any entity that is providing the program with goods or services other than the homeownership assistance program entity itself or its wholly owned affiliate. ``(F) Civil money penalties for improperly influencing appraisals.--The Secretary may impose a civil money penalty, in the same manner and to the same extent as for a violation under section 536, for compensating, instructing, inducing, coercing, or intimidating any person who conducts an appraisal of the property to be subject to a mortgage described in subparagraph (D) and under which any part of the funds required by subparagraph (A) are provided to a party described in subparagraph (C), or attempting to compensate, instruct, induce, coerce, or intimidate such a person, for the purpose of causing the appraised value assigned to the property under the appraisal to be based on any other factor other than the independent judgment of such person exercised in accordance with applicable professional standards.''. SEC. 3. LIMITATIONS ON RISK-BASED PRICING. Section 203(c) of the National Housing Act (12 U.S.C. 1709(c)) is amended by adding at the end the following new paragraphs: ``(3) Limitations on risk-based pricing.--Except as provided in paragraph (4), the Secretary of Housing and Urban Development shall not take any action on or after October 1, 2008, to implement or carry out-- ``(A) risk-based premiums, which are designed for mortgage lenders to offer borrowers an FHA-insured product that provides a range of mortgage insurance premium pricing, based on the risk that the insurance contract represents, as set forth in the Notice published in the Federal Register on May 13, 2008 (Vol. 73, No. 93, Pages 27703 through 27711) (effective July 14, 2008); or ``(B) any other risk-based premium product related to the insurance of any mortgage on a single family residence under this title, where the premium price for such new product is based in whole or in part on a borrower's Decision Credit Score, as that term is defined in the Notice referred to in subparagraph (A), or any successor thereto. ``(4) Flexible risk-based premiums.--Notwithstanding paragraph (3) of this subsection and section 2133 of the FHA Modernization Act of 2008 (Public Law 110-289): ``(A) Authority.--In the case only of a mortgage under which the mortgagor has a credit score equivalent to a FICO score of less than 600, the Secretary may establish a mortgage insurance premium structure involving a single premium payment collected prior to the insurance of the mortgage or annual payments (which may be collected on a periodic basis), or both, under which the rate of premiums for such a mortgage may vary according to the credit risk associated with the mortgagor and the rate of any annual premium for such a mortgage may vary according to such credit risk during the mortgage term as long as the basis for determining the variable rate is established before the execution of the mortgage. The Secretary may change a premium structure established under this subparagraph but only to the extent that such change is not applied to any mortgage already executed. ``(B) Establishment and alteration of premium structure.--A premium structure shall be established or changed under subparagraph (A) only by providing notice to mortgagees and to the Congress, at least 30 days before the premium structure is established or changed. ``(C) Annual report regarding premiums.--The Secretary shall submit a report to the Congress annually setting forth the rate structures and rates established and altered pursuant to this paragraph during the preceding 12-month period and describing how such rates were determined. ``(D) Considerations for premium structure.--When establishing and collecting premiums for mortgages insured under a premium structure established under this paragraph, the Secretary shall consider the following: ``(i) The effect of the proposed premiums or structure on the Secretary's ability to meet the operational goals of the Mutual Mortgage Insurance Fund as provided in section 202(a). ``(ii) Underwriting variables. ``(iii) The extent to which new pricing under the proposed premiums or structure has potential for acceptance in the private market. ``(iv) The administrative capability of the Secretary to administer the proposed premiums or structure. ``(v) The effect of the proposed premiums or structure on the Secretary's ability to maintain the availability of mortgage credit and provide stability to mortgage markets. ``(E) Authority to base premium prices on product risk.-- ``(i) Authority.--In establishing premium rates under this title, the Secretary may provide for variations in such rates according to the credit risk associated with the type of mortgage product that is being insured under this title, which may include providing that premium rates differ between fixed-rate mortgages and adjustable-rate mortgages insured pursuant to section 251, between mortgages for condominiums and mortgages for other interests in properties, between mortgages having different ratios of the principal obligation under the mortgage to the appraised value of the property, and between such other products as the Secretary considers appropriate. ``(F) Payment incentives.-- ``(i) Authority.--With respect to mortgages for which insured the Secretary is authorized to establish a premium structure under this paragraph, the Secretary shall provide that the payment incentive under subparagraph (ii) applies upon the expiration of the 5-year period beginning upon the time of insurance of such a mortgage, and the Secretary may provide that the payment incentive under clause (ii) applies upon the expiration of the 3-year period beginning upon the time of insurance of such a mortgage. The Secretary may limit such discretionary authority to mortgages prepaid or paid in full during the 2-year period beginning 3 years after the time of insurance of such a mortgage. ``(ii) Payment incentive.--In the case of any mortgage to which the payment incentive under this subparagraph applies, if, during the period referred to in clause (i), all mortgage payments, including insurance premiums, for such mortgage have been paid on a timely basis, upon the expiration of such period the Secretary shall refund to the mortgagor, upon payment in full of the obligation of the mortgage, all or a portion of-- ``(I) the amount by which the single premium payment for such mortgage collected at the time of insurance exceeded the amount of the single premium payment chargeable under paragraph (2) at the time of insurance for a mortgage of the same product type having the same terms, but for which the mortgagor has a credit score equivalent to a FICO score of 600 or more; and ``(II) in the case only of mortgages for which annual premiums are established and collected under subparagraph (G), the amount by which the cumulative amount of annual premiums paid exceeded the amount of the maximum annual premium that otherwise may be established and collected notwithstanding such subparagraph. ``(G) Option for higher annual premium in lieu of higher up-front premium.--In the case only of mortgages for which the Secretary is authorized to establish a premium structure under this paragraph, notwithstanding paragraph (2)(B) of this subsection, the Secretary may establish and collect, for a period not exceeding the first 5 years of the term of the mortgage, annual premium payments in an amount not exceeding 0.75 percent of the remaining insured principal balance of the mortgage (excluding the portion of the remaining balance attributable to the premium collected under paragraph (2)(A) and without taking into account delinquent payments or prepayments), except that-- ``(i) the Secretary may utilize such authority only for such classes of mortgagors that the Secretary determines would otherwise be subject to a single premium payment collected at the time of insurance exceeding 2.25 percent of the amount of the original insured principal obligation of the mortgage; and ``(ii) for such mortgages, the Secretary may not establish or collect a single premium payment collected at the time of insurance exceeding 2.25 percent of such original insured principal obligation.''.", "summary": "FHA Seller-Financed Downpayment Reform and Risk-Based Pricing Authorization Act of 2008 - (Sec. 2) Amends the National Housing Act to make exceptions to the prohibition against mortgage insurance for mortgages involving a downpayment using funds furnished by: (1) the seller or any party that benefits financially from the transaction (seller-financed downpayment); or (2) any third party that is reimbursed by the seller or any such party. Makes eligible for mortgage insurance, in spite of a seller-financed downpayment, any mortagors with credit scores equivalent to a FICO score of: (1) 680 or more; (2) at least 620 but less than 680; or (3) 619 or less. Prescribes conditions for mortgage insurance in the latter two situations. Requires entities participating in a governmental or private nonprofit program that provides downpayment assistance for such a mortgage to offer and make available, before loan closing, counseling about the responsibilities and financial management involved in homeownership. Authorizes the Secretary of Housing and Urban Development to impose civil money penalties for improperly influencing appraisals. (Sec. 3) Prohibits the Secretary from implementing: (1) risk-based premiums designed for mortgage lenders to offer a Federal Housing Administration (FHA)-insured product that provides a range of mortgage insurance premium pricing based upon a specified risk that the insurance contract represents; or (2) any other risk-based premium product for mortgage insurance on a single family residence where the premium price for such new product is based upon the borrower's Decision Credit Score. Makes an exception from such prohibition for flexible risk-based premiums. Authorizes the Secretary to establish, for a mortgagor whose FICO credit score is under 600, a mortgage insurance premium structure with a variable rate that reflects the mortgagor's credit risk, if the basis for determining such rate is established before the mortgage is executed. Requires notice to mortgagees and to Congress before such a premium structure is established or changed. Requires the Secretary to consider specified factors when premiums are established and collected under a flexible risk-based premium structure. Authorizes the Secretary to provide for variations in such rates according to the credit risk associated with the type of mortgage product that is being insured. Requires the Secretary to make payment incentives to a mortgagor, in the form of certain refunds, upon payment in full of timely mortgage payments. Authorizes the Secretary, for mortgages with a flexible risk-based premium, to establish a higher annual premium in lieu of a higher up-front premium."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Off-Reservation Land Acquisition Guidance Act''. SEC. 2. OFF-RESERVATION LAND ACQUISITION GUIDANCE. (a) Definition of Off-Reservation Land.--In this Act, the term ``off-reservation land'' means land that is-- (1) located outside of, and noncontiguous to, the reservation of an Indian tribe; (2) likely to qualify for, result in, or be associated with the development of an Indian gaming facility; and (3) located beyond a reasonable commuting distance from the reservation of that Indian tribe. (b) Procedure.--Before determining whether to take off-reservation land into trust for the benefit of an Indian tribe under section 5 of the Act of June 18, 1934 (25 U.S.C. 465) (commonly known as the ``Indian Reorganization Act''), the Secretary shall evaluate-- (1) the anticipated benefits to the Indian tribe associated with taking the off-reservation land into trust; and (2) any concerns raised by applicable State and local governments relating to the acquisition of the off-reservation land. (c) Evaluation.-- (1) Benefit to tribe.--In evaluating the anticipated benefits to the Indian tribe of taking a parcel of off- reservation land into trust, the Secretary shall prepare a report that includes an assessment of-- (A) the impacts of taking the applicable off- reservation land into trust on the on-reservation unemployment rate; (B) the impacts of taking the applicable off- reservation land into trust on reservation life and tribal membership if the members, dependents, and descendants of the Indian tribe relocate to the off- reservation land or adjacent communities; (C) the specific on-reservation benefits of taking the off-reservation land into trust, including an assessment of whether on-reservation jobs will be created and, if so, the quantity of jobs expected to be created; and (D) whether the tribal government can efficiently exercise the governmental and regulatory responsibilities of the tribal government if a gaming facility is constructed on the off-reservation land. (2) State and local concerns.--In evaluating any concerns raised by applicable State and local governments relating to taking a parcel of off-reservation land into trust, the Secretary shall prepare a report that includes an assessment of-- (A) whether the transfer of jurisdiction to the Indian tribe over the parcel is likely to disrupt established local governmental operations; (B) potential impacts on real property taxes and special assessments on adjacent land and property, including any impact on State and local governments resulting from the exemption of the parcel from the taxation; (C) whether the Indian tribe has submitted intergovernmental agreements necessary to address State and local government concerns, including agreements regarding law enforcement jurisdiction on the parcel; (D) the compatibility of the anticipated use of the land with the zoning and land use requirements of the applicable State and local governments; (E) traffic, noise, and other negative effects on development associated with, or generated by, the anticipated use of the land, including any impact on local water resources and water and wastewater infrastructure; and (F) any potential incompatible use between the anticipated use of the land and adjacent or contiguous land zoned or used for-- (i) national parks; (ii) national monuments; (iii) conservation areas; (iv) national fish and wildlife refuges; (v) daycare centers; (vi) schools; (vii) churches; or (viii) residential developments. (d) Submission From Indian Tribe.--The Indian tribe requesting off- reservation land to be taken into trust under section 5 of the Act of June 18, 1934 (25 U.S.C. 465) (commonly known as the ``Indian Reorganization Act'') shall disclose and submit to the Secretary-- (1) any plan, contract, agreement, or other information relating to the use, or intended use, of the off-reservation land by the Indian tribe, along with written documentation of the plan, contract, or agreement; (2) a request for a written opinion from the Office of Indian Gaming that the off-reservation land is eligible for gaming; and (3) any other information the Secretary requires in determining whether to take the off-reservation land into trust for the benefit of the Indian tribe. (e) Applicability.--The Secretary shall not take the applicable off-reservation land into trust under section 5 of the Act of June 18, 1934 (25 U.S.C. 45) (commonly known as the ``Indian Reorganization Act''), unless the Secretary determines that-- (1) the Indian tribe has adequately addressed the concerns identified in the written assessments under subsection (c)(2); (2) the Indian tribe has provided the information required under subsection (d); and (3) the proposed use of the land by the Indian tribe is compatible with State and local requirements for planning and zoning and public health and safety. SEC. 3. STAY OF DECISIONMAKING. (a) In General.--Unless explicitly required by an Act of Congress, the Secretary shall not approve any application for taking off- reservation land into trust that is pending on the date of enactment of this Act until the date on which the Secretary promulgates regulations to carry out this Act. (b) Future Effect.--All applications for taking off-reservation land into trust that are pending on the date of enactment of this Act shall be subject to the provisions of the regulations described in subsection (a).", "summary": "Off-Reservation Land Acquisition Guidance Act - Directs the Secretary of the Interior to consider anticipated tribal benefits and applicable state and local government concerns before taking off-reservation land into trust for Indian tribes. Defines \"off-reservation land\" as land that is beyond a reasonable commuting distance from the applicable tribe's reservation and likely to be used for gaming. Requires an Indian tribe requesting that such land be taken into trust for the tribe to disclose and submit to the Secretary: (1) any plan, contract, agreement, or other information relating to the use, or intended use, of such land by the tribe; (2) a request for a written opinion from the Office of Indian Gaming that the land is eligible for gaming; and (3) any other information the Secretary requires in rendering a decision. Requires a tribe's proposed use of the land to be compatible with state and local planning and zoning, and public health and safety requirements. Directs the Secretary to promulgate regulations to carry out this Act before approving any application to take off-reservation land into trust for Indian tribes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``SSI Disability Benefits Reform Act of 1995''. SEC. 2. REAPPLICATION REQUIREMENTS FOR ADULTS RECEIVING SSI BENEFITS BY REASON OF DISABILITY. (a) In General.--Section 1614(a)(3)(G) of the Social Security Act (42 U.S.C. 1382c(a)(3)(G)) is amended-- (1) by inserting ``(i)'' after ``(G)''; and (2) by adding at the end the following clause: ``(ii) In the case of an individual who has attained 18 years of age and for whom a determination has been made of eligibility for a benefit under this title by reason of disability, the following applies: ``(I) Subject to the provisions of this clause, the determination of eligibility is effective for the 3-year period beginning on the date of the determination, and the eligibility of the individual lapses unless a determination of continuing eligibility is made before the end of such period, and before the end of each subsequent 3-year period. This subclause ceases to apply to the individual upon the individual attaining 65 years of age. This subclause does not apply to the individual if the individual has an impairment that is not expected to improve (or a combination of impairments that are not expected to improve). ``(II) With respect to a determination under subclause (I) of whether the individual continues to be eligible for the benefit (in this clause referred to as a `redetermination'), the Commissioner may not make the redetermination unless the individual submits to the Commissioner an application requesting the redetermination. If such an application is submitted, the Commissioner shall make the redetermination. This subclause is subject to subclause (V). ``(III) If as of the date on which this clause takes effect the individual has been receiving the benefit for three years or less, the first period under subclause (I) for the individual is deemed to end on the expiration of the period beginning on the date on which this clause takes effect and continuing through a number of months equal to 12 plus a number equal to 36 minus the number of months the individual has been receiving the benefit. ``(IV) If as of the date on which this clause takes effect the individual has been receiving the benefit for five years or less, but for more than three years, the first period under subclause (I) for the individual is deemed to end on the expiration of the 1-year period beginning on the date on which this clause takes effect. ``(V) If as of the date on which this clause takes effect the individual has been receiving the benefit for more than five years, the Commissioner shall make redeterminations under subclause (I) and may not require the individual to submit applications for the redeterminations. The first 3-year period under subclause (I) for the individual is deemed to begin upon the expiration of the period beginning on the date on which this clause takes effect and ending upon the termination of a number of years equal to the lowest number (greater than zero) that can be obtained by subtracting the number of years that the individual has been receiving the benefit from a number that is a multiple of three. ``(VI) If the individual first attains 18 years of age on or after the date on which this clause takes effect, the first 3-year period under subclause (I) for the individual is deemed to end on the date on which the individual attains such age. ``(VII) Not later than one year prior to the date on which a determination under subclause (I) expires, the Commissioner shall (except in the case of an individual to whom subclause (V) applies) provide to the individual a written notice explaining the applicability of this clause to the individual, including an explanation of the effect of failing to submit the application. If the individual submits the application not later than 180 days prior to such date and the Commissioner does not make the redetermination before such date, the Commissioner shall continue to provide the benefit pending the redetermination and shall publish in the Federal Register a notice that the Commissioner was unable to make the redetermination by such date. ``(VIII) If the individual fails to submit the application under subclause (II) by the end of the applicable period under subclause (I), the individual may apply for a redetermination. The Commissioner shall make the redetermination for the individual only after making redeterminations for individuals for whom eligibility has not lapsed pursuant to subclause (I).''. (b) Effective Date.--The amendment made by subsection (a) takes effect upon the expiration of the 9-month period beginning on the date of the enactment of this Act. (c) Conforming Repeal.--Section 207 of the Social Security Independence and Program Improvements Act of 1994 (42 U.S.C. 1382 note; 108 Stat. 1516) is hereby repealed. SEC. 3. STRIKING OF RESTRICTIONS REGARDING DETERMINATION OF INELIGIBILITY. Section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a)) is amended by striking paragraph (4). SEC. 4. NARROWING OF SSI ELIGIBILITY ON BASIS OF MENTAL IMPAIRMENTS. (a) In General.--Section 1614(a)(3)(A) of the Social Security Act (42 U.S.C. 1382c(a)(3)(A)) is amended-- (1) by inserting ``(i)'' after ``(3)(A)''; and (2) by adding at the end the following clause: ``(ii) In making determinations under clause (i) regarding the severity of mental impairments, the Secretary shall revise the regulations under subpart P of part 404 of title 20, Code of Federal Regulations in order to accomplish the result that (relative to such regulations as in effect prior to the date on which this clause takes effect) the growth in the enrollment of the program under this title on the basis of mental impairments is slowed. The final rule issued pursuant to the preceding sentence applies to individuals without regard to whether the individuals were receiving benefits under this title prior to the effective date of such rule.''. (b) Final Regulations.--The final rule for the regulations required in subsection (a) shall be issued before the expiration of the 9-month period beginning on the date of the enactment of this Act, and shall take effect upon the expiration of such period.", "summary": "SSI Disability Benefits Reform Act of 1995 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to: (1) require periodic reapplications with respect to continued receipt of SSI benefits by reason of disability; (2) strike certain restrictions regarding determination of SSI ineligibility; and (3) modify criteria regarding mental impairments."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Dual Eligible Prescription Drug Coverage Act of 2005''. SEC. 2. FINDINGS. The Senate finds the following: (1) Individuals who are dually eligible for benefits under the medicare program and full benefits under the medicaid program-- (A) are among the most vulnerable populations in our society; and (B) require adequate outreach, education, and timing in order to adjust to changes in our health care delivery system. (2) The transition of 6,400,000 dual eligibles from prescription drug coverage under the medicaid program to prescription drug coverage under part D of the medicare program is the largest transition ever of individuals from one insurance program to another. (3) In its June 2004 report to Congress, the Medicare Payment Advisory Commission (MedPAC) suggested that large, private employers with 75,000 employees or less need at least 6 months to transition their employees' drug coverage from one pharmacy benefit management company to another such company. The States and the Federal Government are taking on a far more complex task with 6,400,000 dual eligibles having to make the transition described in paragraph (2). (4) Timely access to prescription drugs leads to higher quality of life and prevents avoidable emergency room visits, hospitalizations, and premature nursing home placements. (5) Since even a short-term gap in prescription drug coverage could have serious health consequences for dual eligibles, Congress must work to guarantee as smooth a transition as possible for dual eligibles so that no dual eligible is without prescription drug coverage even for one day. SEC. 3. CONTINUING STATE COVERAGE OF MEDICAID PRESCRIPTION DRUG COVERAGE TO MEDICARE DUAL ELIGIBLE BENEFICIARIES FOR 6 MONTHS. (a) Six-Month Transition.--For prescriptions filled during the period beginning on January 1, 2006, and ending on June 30, 2006, section 1935(d) of the Social Security Act (42 U.S.C. 1396u-5(d)) shall not apply and, notwithstanding any other provision of law, a State (as defined for purposes of title XIX of such Act) shall continue to provide (and receive Federal financial participation for) medical assistance under such title with respect to prescription drugs as if such section 1935(d) had not been enacted. (b) Application.-- (1) Medicare as primary payer.--Nothing in subsection (a) shall be construed as changing or affecting the primary payer status of a prescription drug plan or an MA-PD plan under part D of title XVIII of the Social Security Act with respect to prescription drugs furnished to any full-benefit dual eligible individual (as defined in section 1935(c)(6) of such Act (42 U.S.C. 1396u-5(c)(6)) during the 6-month period described in such subsection. (2) Third party liability.--Nothing in subsection (a) shall be construed as limiting the authority or responsibility of a State under section 1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25)) to seek reimbursement from a prescription drug plan, an MA-PD plan, or any other third party, of the costs incurred by the State in providing prescription drug coverage described in such subsection. SEC. 4. DELAY IN IMPLEMENTATION OF MEDICAID CLAWBACK PAYMENTS. Notwithstanding section 1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c)), a State or the District of Columbia shall not be required to provide for a payment under such section to the Secretary of Health and Human Services for any month prior to July 1, 2006. SEC. 5. EDUCATION AND OUTREACH TO DUAL ELIGIBLES REGARDING PRESCRIPTION DRUG COVERAGE AND MONITORING OF THE TRANSITION OF DUAL ELIGIBLES TO PRESCRIPTION DRUG COVERAGE UNDER MEDICARE. (a) MMA Amounts.--Notwithstanding any other provision of law, of the amounts appropriated for the Centers for Medicare & Medicaid Services under section 1015(a)(1) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2446), the following rules shall apply: (1) Education and outreach to duals.--$100,000,000 shall be used to provide education and outreach, including through one- on-one counseling and application assistance, to full-benefit dual eligible individuals (as defined in section 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-5(c)(6))) regarding prescription drug coverage under part D of title XVIII of such Act. Of such amount-- (A) at least $20,000,000 (but in no case more than $50,000,000) shall be used to award grants to States under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b-4) to provide such education and outreach; and (B) the remaining amount shall be used to provide funding to community-based organizations that work with full-benefit dual eligible individuals (as so defined) in order to provide such education and outreach. (2) Monitoring impact on duals.-- (A) In general.--$50,000,000 shall be used by the Centers for Medicare & Medicaid Services, in consultation with the Centers for Disease Control and Prevention, the Administration on Aging, and the Social Security Administration, to develop and implement a standardized protocol to collect data from health departments and other sources in 10 representative urban and rural communities on the impact of the transition of full benefit dual eligible individuals (as so defined) from prescription drug coverage under the medicaid program to prescription drug coverage under part D of the medicare program. Such protocol shall be implemented by not later than July 1, 2005. (B) Monitoring.--The protocol developed under subparagraph (A) shall include for the monitoring of the following information with respect to such full benefit dual eligible individuals: (i) Emergency room visit rates. (ii) Hospitalization rates. (iii) Nursing home placement rates. (iv) Deaths. (C) Collection by pdps and ma-pds.--The protocol developed under subparagraph (A) shall require that such data be collected by the prescription drug plans and the MA-PDs in which the individuals are enrolled and include information on race and ethnicity. (D) Reports.--Not later than January 1, 2006, and July 1, 2006, the Administrator of the Centers for Medicare & Medicaid Services, in consultation with the Centers for Disease Control and Prevention, the Administration on Aging, and the Social Security Administration, shall submit a report to Congress on the implementation of the protocol under subparagraph (A). (b) New Amounts.--There are appropriated to the Secretary of Health and Human Services, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, for fiscal year 2005 and each subsequent fiscal year, an amount not to exceed $50,000,000 (or if greater, an amount equal to $1 multiplied by the number of individuals entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title for the year) in order to award grants to States under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b-4). (c) Extension of Availability of Amounts Appropriated Under MMA.-- Section 1015(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2446) is amended by striking ``September 30, 2005'' and inserting ``September 30, 2006''. SEC. 6. COLLECTION AND SHARING OF DUAL ELIGIBLE DRUG UTILIZATION DATA. (a) In General.--Section 1860D-42 of the Social Security Act (42 U.S.C. 1395w-152) is amended by adding at the end the following new subsection: ``(c) Collection and Sharing of Dual Eligible Drug Utilization Data.-- ``(1) Plan requirement.--A PDP sponsor of a prescription drug plan and an MA organization offering an MA-PD plan shall submit to the Secretary such information regarding the drug utilization of enrollees in such plans who are full-benefit dual eligible individuals (as defined in section 1935(c)(6)) as the Secretary determines appropriate to carry out paragraph (2). ``(2) Collection and sharing of data.--The Secretary shall collect data on the drug utilization of full-benefit dual eligible individuals (as so defined). The Secretary shall share such data with the States and the District of Columbia in as close to a real-time basis as possible.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071). SEC. 7. GAO STUDY ON THE CLAWBACK FORMULA. (a) Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study on the clawback formula contained in section 1935(c) of the Social Security Act (42 U.S.C. 1396u- 5(c)), as added by section 103(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2155). (2) Requirements.--The study conducted under paragraph (1) shall include a full examination of-- (A) disincentives for States to enroll full-benefit dual eligible individuals (as defined in section 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u- 5(c)(6))) in the medicaid program or part D of title XVIII of the Social Security Act; (B) the 6-month delay in States receiving rebate data; (C) the prescription drug cost containment measures implemented by States after 2003; and (D) issues relating to States having to pay more for prescription drug coverage for full benefit dual eligible individuals (as so defined) than they otherwise would have if the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2066 et seq.) had not been enacted. (b) Report.--Not later than April 1, 2006, the Comptroller General of the United States shall submit to Congress a report on the study conducted under subsection (a) together with such recommendations as the Comptroller General determines appropriate.", "summary": "Medicare Dual Eligible Prescription Drug Coverage Act of 2005 - Provides that, for prescriptions filled between January 1 and June 30, 2006, requirements for the coordination of prescription drug benefits with Medicare as primary payor for dual eligible individuals under the new prescription drug benefit program (PDP) under Medicare part E (Voluntary Prescription Drug Benefit Program) shall not apply. Requires a State to continue to provide Medicaid medical assistance with respect to prescription drugs as if such coordination requirements had not been enacted. Declares that no State or the District of Columbia shall be required to pay (reimburse) the Secretary of Health and Human Services for Medicaid prescription drug costs for dual eligible individuals (Medicaid clawback payments) for any month before July 1, 2006. Earmarks specified amounts for education and outreach to dual eligibles regarding prescription drug coverage and monitoring of their transition to prescription drug coverage under Medicare. Requires a PDP sponsor and an MA organization offering an MA-PD plan to submit to the Secretary appropriate information regarding the drug utilization of enrollees in such plans who are full-benefit dual eligible individuals. Directs the Secretary to collect data on the drug utilization of full-benefit dual eligible individuals and share it with the States and District of Columbia in as close to a real-time basis as possible. Directs the Comptroller General of the United States to study and report to Congress on the clawback formula."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission to Eliminate Waste in Government Act of 2001''. SEC. 2. ESTABLISHMENT. There is established the National Commission to Eliminate Waste in Government (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--It shall be the duty of the Commission to-- (1) conduct a private sector survey on management and cost control in the Federal Government; (2) conduct in-depth reviews of the operations of the executive agencies; (3)(A) review existing reports from the Government Accounting Office, the Congressional Budget Office, and the various Inspector General offices within executive agencies, reports and other existing governmental and nongovernmental recommendations for reducing waste, including recommendations from the President's Private Sector Survey on Cost Control; and (B) based on the review under subparagraph (A), periodically submit reports to the President and Congress including-- (i) a list of such recommendations that the Commission determines are most significant; (ii) the estimated savings of the recommendations; and (iii) determinations of whether the recommendations can be implemented by Executive order or require legislative action; and (4) submit to the President and the Congress recommendations for improving the budget process and management and for reducing waste and costs in the Federal Government. (b) Particular Areas To Be Examined.--In fulfilling the duties described under subsection (a), the Commission shall identify and address-- (1) opportunities for increased efficiency and reduced costs in the Federal Government that can be realized by Executive action or legislation; (2) areas in the Federal Government where managerial accountability can be enhanced and administrative control can be improved; (3) specific Federal programs that have accomplished their objectives and should be terminated; (4) specific Federal program services that could be provided at a lower cost by the private sector; (5) specific reforms of the budget process that would yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; and (6) specific areas in the Federal Government where further study can be justified by potential savings. SEC. 4. MEMBERSHIP. (a) Number and Appointment.-- (1) Number.--The Commission shall be composed of 12 members who are not officers or employees of any government and who are especially qualified to serve on the Commission by virtue of their education, training, or experience. (2) Political party representation.--Not more than 6 members of the Commission shall be of the same political party. (3) Appointment.--The members of the Commission shall be appointed as follows: (A) 4 individuals shall be appointed by the President, not more than 2 of whom shall be from the same political party. (B) 3 individuals shall be appointed by the Speaker of the House of Representatives, not more than 2 of whom shall be from the same political party. (C) 1 individual shall be appointed by the minority leader of the House of Representatives. (D) 3 individuals shall be appointed by the majority leader of the Senate, not more than 2 of whom shall be from the same political party. (E) 1 individual shall be appointed by the minority leader of the Senate. (b) Continuation of Membership.--If an individual is appointed to the Commission, and later becomes an officer or employee of a government, such individual may continue as a member of the Commission for not longer than the 30-day period beginning on the date such individual becomes such an officer or employee. (c) Appointment of Members.--Appointments shall be made not later than 30 days after the date of enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall be filled within 30 days in the manner in which the original appointment was made. (f) Compensation.--Federal funds may not be used to pay any member of the Commission for services performed as a member. (g) Quorum.--Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (h) Chairperson.--The Chairperson of the Commission shall be elected by the members from among the members. (i) Meetings.--The Commission shall meet at least once each month at the call of the Chairperson of the Commission. SEC. 5. STAFF AND SUPPORT SERVICES. (a) Director.--The Commission shall have a Director appointed by the Chairperson of the Commission and paid a rate determined by the Commission. (b) Staff.--With the approval of the Commission, the Director of the Commission may appoint personnel as the Director considers appropriate. SEC. 6. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Delegation of Authority.--Any Member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of the Federal agency shall furnish the information to the Commission. (d) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORTS. (a) Periodic Reports.--In accordance with section 3(a)(3), the Commission shall issue periodic reports to the President and the Congress. (b) Final Report.--Not later than the expiration of the 24-month period beginning on the date of enactment of this Act, the Commission shall submit to the President and the Congress a final report setting forth the findings and conclusions of the Commission and specific recommendations for legislative and administrative actions that the Commission determines to be appropriate. SEC. 8. TERMINATION. The Commission shall terminate not later than the expiration of the 30-day period beginning on the date on which the Commission submits its final report under section 7(b). SEC. 9 FUNDING AND SUPPORT. The Commission shall be funded, staffed, and equipped by the private sector without cost to the Federal Government.", "summary": "National Commission to Eliminate Waste in Government Act of 2001 - Establishes the National Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in Government; (2) conduct in-depth reviews of executive agency operations; (3) review existing General Accounting Office, Congressional Budget Office, and various Inspector General offices' reports and other existing governmental and nongovernmental recommendations for reducing waste, including recommendations from the President's Private Sector Survey on Cost Control, and to periodically report to the President and Congress on such recommendations that are most significant, on the estimated savings from such recommendations, and on whether the recommendations can be implemented by executive order or require legislative action; and (4) submit to the President and Congress recommendations for improving the budget process and management and for reducing waste and costs.Requires the Commission to be funded, staffed, and equipped by the private sector without cost to the Government."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Abuse and Neglect Enforcement Act''. SEC. 2. ACCESS TO CRIMINAL CONVICTION RECORD INFORMATION BY CERTAIN STATE CHILD PROTECTIVE WORKERS AND CHILD WELFARE WORKERS. (a) Grant Reduction for Noncompliance.--Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following: ``(g) Information Access.-- ``(1) In general.--The funds available under this subpart for a State shall be reduced by 10 percent and redistributed under paragraph (2) unless the State has in effect throughout the State a law which requires that a law enforcement agency designated by such State make available, on a timely basis, to child protective workers and child welfare workers (in public and private agencies, who, in the course of their official duties, are engaged in the assessment of risk and other actions related to the protection of children, including placement of children in foster care) criminal conviction record information and orders of protection based on a claim of domestic or child abuse to the same extent as such information is made available to law enforcement officers in such State. ``(2) Redistribution.--Any funds available for redistribution shall be redistributed to participating States that have in effect a law referred to in paragraph (1). ``(3) Compliance.--The Attorney General shall issue regulations to ensure compliance with the requirements of paragraph (1), including a requirement that any charge for making available such criminal conviction record information may not exceed the actual cost of making such information available.''. (b) Conforming Amendment.--Section 506(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking ``subsection (f),'' and inserting ``subsections (f) and (g),''. (c) Effective Date.--The amendments made by subsection (a) shall take effect on the first day of each fiscal year succeeding the first fiscal year beginning 2 years after the date of the enactment of this Act. SEC. 3. NEONATAL CONDITIONS CAUSED BY MATERNAL SUBSTANCE ABUSE; AMENDMENT TO PROGRAM OF BLOCK GRANTS TO STATES FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE. Subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.) is amended by inserting after section 1926 the following section: ``SEC. 1926A. STATE LAW REGARDING NOTIFICATION OF STATE OR LOCAL CHILD- PROTECTION AGENCY IN EVENT OF NEONATAL CONDITION CAUSED BY MATERNAL SUBSTANCE ABUSE. ``(a) Relevant Law.--Subject to subsection (b), for fiscal year 1999 and subsequent fiscal years, the Secretary may make a grant under section 1921 only if the State involved requires by law or regulation that-- ``(1) each newborn infant born in the State be tested for physical dependence on any drug; fetal alcohol syndrome; fetal alcohol effects; the presence of alcohol; and the presence of drugs that are associated with substance abuse; and ``(2) if the newborn tests positive under any such test, the principal State or local agency with responsibility for the protection of children be notified of such fact. ``(b) Delayed Applicability for Certain States.--In the case of a State whose legislature does not convene a regular session in fiscal year 1998, and in the case of a State whose legislature does not convene a regular session in fiscal year 1999, the requirement described in subsection (a) as a condition of a receipt of a grant under section 1921 shall apply only for fiscal year 2000 and subsequent fiscal years. ``(c) Noncompliance of State.--Before making a grant under section 1921 to a State for the first applicable fiscal year or any subsequent fiscal year, the Secretary shall make a determination of whether the State has maintained compliance with subsection (a). If, after notice to the State and an opportunity for a hearing, the Secretary determines that the State is not in compliance with such subsection, the Secretary shall reduce the amount of the allotment under such section for the State for the fiscal year involved by an amount equal to-- ``(1) in the case of the first applicable fiscal year, 10 percent of the amount determined under section 1933 for the State for the fiscal year; ``(2) in the case of the first fiscal year following such applicable fiscal year, 20 percent of the amount determined under section 1933 for the State for the fiscal year; ``(3) in the case of the second such fiscal year, 30 percent of the amount determined under section 1933 for the State for the fiscal year; and ``(4) in the case of the third such fiscal year or any subsequent fiscal year, 40 percent of the amount determined under section 1933 for the State for the fiscal year. ``(d) Definition.--For purposes of this section, the term `first applicable fiscal year' means-- ``(1) fiscal year 2000, in the case of any State described in subsection (b); and ``(2) fiscal year 1999, in the case of any other State.''. SEC. 4. USE OF FUNDS UNDER BYRNE GRANT PROGRAM FOR CHILD PROTECTION. Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751) is amended-- (1) by striking ``and'' at the end paragraph (25); (2) by striking the period at the end of paragraph (26) and adding ``; and''; and (3) by adding at the end the following: ``(27) enforcing child abuse and neglect laws and programs designed to prevent child abuse and neglect.''. SEC. 5. INCREASE IN SET ASIDE FOR CHILD ABUSE VICTIMS UNDER THE VICTIMS OF CRIME ACT OF 1984. Section 1402(d)(2) of the Victims of Crime Act of 1984 is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. SEC. 6. STUDY AND REPORT RELATING TO EXTENT OF REPORTING REQUIREMENTS UNDER CHILD ABUSE AND NEGLECT LAWS AND FOSTER CARE AND ADOPTION ASSISTANCE LAWS. (a) Study.--The Comptroller General of the United States shall conduct a study on the number and type of reporting requirements under-- (1) the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq. and other Federal laws relating to child abuse and neglect, including all regulations established under such Act and other laws; and (2) part E of title IV of the Social Security Act (relating to foster care and adoption assistance), including all regulations established under such part. (b) Report by Comptroller General.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Congress and the Secretary of Health and Human Services a report containing-- (A) the results of the study conducted under subsection (a); and (B) recommendations for reducing the number of reporting requirements described in subsection (a). (2) Availability.--The Comptroller General shall make the report available to appropriate State and local agencies and to the public. (c) Analysis of Report by Secretary of Health and Human Services.-- (1) In general.--The Secretary of Health and Human Services shall conduct an analysis of the report of the Comptroller General of the United States under subsection (b). Such analysis shall include appropriate recommendations, if any, of the Secretary for reducing the number of reporting requirements described in subsection (a). (2) Submission.--Not later than 90 days after the date on which the Secretary of Health and Human Services receives the report of the Comptroller General of the United States described in subsection (b), the Secretary shall submit to the Congress the analysis described in paragraph (1). SEC. 7. SENSE OF THE CONGRESS REGARDING INCREASED FUNDING FOR CHILD ADVOCACY CENTERS. It is the sense of the Congress that-- (1) child advocacy centers play a vital role in interviewing, treating, and assisting victims of child abuse; (2) such centers are often responsible for intervening in a number of potentially dangerous domestic violence situations and thus preventing such violence or other incidents; and (3) it is appropriate to increase funding for such child advocacy centers under title II of the Victims of Child Abuse Act of 1990.", "summary": "Child Abuse and Neglect Enforcement Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to provide for a ten percent reduction of drug control and system improvement (Byrne) grants to States that do not have in effect throughout the State a law requiring that a designated law enforcement agency make available to child protective and child welfare workers timely criminal conviction information and protection orders based on a claim of domestic or child abuse to the same extent as such information is made available to law enforcement officers in such State. Sets forth provisions regarding redistribution of funds. Directs the Attorney General to issue regulations to ensure compliance. (Sec. 3) Amends title XIX of the Public Health Service Act to authorize the Secretary of Health and Human Services, for FY 1999 and subsequent fiscal years, to make a grant to a State for prevention and treatment of substance abuse only if such State requires by law or regulation that: (1) each newborn infant born in the State be tested for physical dependence on any drug, fetal alcohol syndrome, fetal alcohol effects, the presence of alcohol, and the presence of drugs that are associated with substance abuse; and (2) if the newborn tests positive under any such test, the principal State or local agency with responsibility for the protection of children be notified. Sets forth provisions regarding: (1) delayed applicability for certain States; and (2) reduction of a State's allotment for noncompliance. (Sec. 4) Amends: (1) the Safe Streets Act to authorize the use of Byrne grants to enforce child abuse and neglect laws and programs; and (2) the Victims of Crime Act of 1984 to increase the set aside for child abuse victims. (Sec. 6) Directs the Comptroller General of the United States to study and report to the Congress and the Secretary on reporting requirements under Federal laws relating to child abuse and neglect and under provisions of the Social Security Act relating to foster care and adoption assistance. Requires the Secretary to conduct an analysis of such report, including any appropriate recommendations for reducing the number of reporting requirements, and submit such analysis to the Congress within 90 days. (Sec. 7) Expresses the sense of the Congress that: (1) child advocacy centers play a vital role in interviewing, treating, and assisting victims of child abuse; (2) such centers are often responsible for intervening in a number of potentially dangerous domestic violence situations and thus preventing such violence or other incidents; and (3) it is appropriate to increase funding for such centers under the Victims of Child Abuse Act of 1990."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Credit Protection Act''. SEC. 2. NOTICE OF DEPLOYMENT REQUIRED. (a) In General.--The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at the end the following new title: ``TITLE VIII--NOTICE OF DEPLOYMENT ``SEC. 801. NOTICE TO CONSUMER REPORTING AGENCIES. ``(a) In General.--In the case of the deployment of a servicemember away from the usual duty station of the servicemember to duty for which the servicemember is entitled to special pay under section 310(a) of title 37, United States Code, the Secretary shall-- ``(1) notify each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis of the deployment of the servicemember within 30 days after the deployment, together with such information as may be necessary to permit such consumer reporting agency to comply with section 605C of the Fair Credit Reporting Act with respect to the servicemember; and ``(2) notify each such consumer reporting agency when the notice under paragraph (1) ceases to apply with respect to such servicemember within 30 days after the end of the deployment. ``(b) Administrative Action.--The Secretary shall consult with each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis and take such action as may be appropriate to ensure that the Secretary and such consumer reporting agency can comply with the requirements of this section and section 605C of the Fair Credit Reporting Act in a timely manner. ``(c) Definition.--For purposes of this section, the term `consumer reporting agency that compiles and maintains files on consumers on a nationwide basis' has the meaning given to such term in section 603(p) of the Fair Credit Reporting Act. ``SEC. 802. INCREASE IN PENALTIES FOR CERTAIN VIOLATIONS INVOLVING SERVICEMEMBERS DEPLOYED TO AN OVERSEAS COMBAT ZONE. ``(a) In General.--In the case of any person who is subject to a penalty under section 301(c)(1), 302(b)(1), 303(d)(1), 305(h)(1), 306(e)(1), or 307(e)(1) in a case involving a servicemember whose consumer report, at the time of the violation giving rise to such person's liability for the penalty, contains a combat zone duty alert, such section shall be applied by substituting `not more than 3 years' for `not more than one year'. ``(b) Definitions.--For purposes of subsection (a), the terms `combat zone duty alert' and `consumer report' have the same meanings as in section 603 of the Fair Credit Reporting Act.''. (b) Clerical Amendment.--The table of contents for the Servicemembers Civil Relief Act (50 U.S.C App. 501 et seq.) is amended by inserting after the item relating to section 706 the following new items: ``TITLE VIII--NOTICE OF DEPLOYMENT ``Sec. 801. Notice to consumer reporting agencies. ``Sec. 802. Increase in penalties for certain violations involving servicemembers deployed to an overseas combat zone.''. SEC. 3. NOTATIONS IN CONSUMER FILES OF SERVICEMEMBERS. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following new section: ``Sec. 605C. Combat zone duty alert ``(a) In General.--Each consumer reporting agency described in section 603(p) that receives a notice under section 801(a)(1) of the Servicemembers Civil Relief Act from the Secretary of Defense with respect to a consumer who is a servicemember (as defined in section 101(1) of such Act) shall-- ``(1) include a combat zone duty alert in the file of that consumer, and also provide that alert along with any credit score generated in using that file, until notified by the Secretary of Defense that such consumer no longer qualifies for such alert; and ``(2) during the period such alert is in effect, exclude the consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer. ``(b) Information on Consumer's Rights Required To Be Included.-- The combat zone duty alert included in any consumer's file pursuant to subsection (a) shall include a summary of the rights of the consumer under the Servicemembers Civil Relief Act and the duties of creditors and other persons under such Act to the consumer. ``(c) Notice to Furnishers of Adverse Information.--If any person, including another consumer reporting agency, furnishes adverse information to a consumer reporting agency described in section 603(p) with respect to a consumer whose file includes a combat zone duty alert under subsection (a)(1), the consumer reporting agency shall notify such person of the existence of the combat zone duty alert in the file of such consumer together with the summary of rights and duties described in subsection (b). ``(d) Duty of Reseller To Reconvey Alert.--A reseller shall include in its report any combat zone duty alert placed in the file of a consumer pursuant to this section by another consumer reporting agency. ``(e) Procedures.--Each consumer reporting agency described in section 603(p) shall establish policies and procedures to comply with this section and shall cooperate with the Secretary of Defense in establishing such procedures to ensure effective compliance with the requirements of this section. ``(f) Notice From Secretary.--This section shall cease to apply to with respect to any consumer as of the date the consumer reporting agency described in section 603(p) receives a notice from the Secretary of Defense under section 801(a)(2) relating to such consumer.''. (b) Definitions.-- (1) In general.--Subsection (q) of section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by adding at the end the following new paragraph: ``(6) Combat zone duty alert.--The term `combat zone duty alert' means a statement in the file of a consumer that-- ``(A) notifies all prospective users of a consumer report relating to the consumer that the consumer is serving as a servicemember in a combat zone and includes any information required under section 605C; and ``(B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report.''. (2) Technical and conforming amendment.--The heading for subsection (q) of section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by inserting ``and Military'' after ``to Fraud''. (c) Clerical Amendment.--The table of sections for title VI of the Consumer Credit Protection Act is amended by inserting after the item relating to section 605B the following new item: ``605C. Combat zone duty alert.''.", "summary": "Servicemembers Credit Protection Act - Amends the Servicemembers Civil Relief Act to direct the Secretary of Defense, in case of the deployment of a servicemember away from their usual duty station to duty for which the servicemember is entitled to special pay, to notify each consumer reporting agency (agency): (1) of the deployment of such servicemember within 30 days after the deployment; and (2) within 30 days after the end of such deployment. Requires the Secretary, in providing such notice, to take measures to ensure agency compliance with provisions of the Fair Credit Reporting Act with respect to the servicemember. Increases penalties for consumer credit reporting violations involving servicemembers deployed to an overseas combat zone. Amends the Fair Credit Reporting Act to require each agency that receives a combat zone duty alert from the Secretary with respect to a servicemember to: (1) include the alert in the file of that consumer and provide such alert along with any credit score, until notified by the Secretary that the consumer no longer qualifies for such alert; and (2) during the period of the alert, exclude the consumer from any list provided to a third party to offer credit or insurance to such consumer as part of a transaction not initiated by the consumer. Requires the combat zone duty alert included in any consumer's file to include a summary of the consumer's rights under the Servicemembers Civil Relief Act and the duties of creditors and other persons to the consumer."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildlife Without Borders Authorization Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) our Nation has a long-standing commitment to assisting other countries with the conservation of wildlife species and limited wildlife conservation resources, including trained wildlife professionals, are often unavailable in many foreign countries containing globally important biological resources; (2) conservation activities, both overseas and in neighboring countries, are required to meet the Federal Government's obligations under numerous international treaties, laws, agreements, and cooperative programs; (3) since 1989, the Wildlife Without Borders Program, an administratively-created program within the United States Fish and Wildlife Service, has provided wildlife conservation assistance throughout the world by developing locally-adapted wildlife management and conservation programs, in coordination with non-governmental organizations, governments, private businesses, and community leaders, in an effort to maintain global species diversity; (4) activities under the Wildlife Without Borders Program is responsible for implementation of over 800 conservation projects around the world that address grass-roots threats to numerous endangered species, habitats, and ecosystems and that complement the United States Fish and Wildlife Service's existing programs for African elephants, rhinoceros and tigers, Asian elephants, great apes, migratory birds, and marine turtles; (5) activities under the Wildlife Without Borders Program provide education, training, and outreach to strengthen capacity for habitat and wildlife conservation throughout the world and serve a key role in facilitating international dialogue; and (6) although the Secretary of the Interior is generally authorized to undertake partnering and capacity building activities, a specific authorization will reinforce our Nation's long-term commitment to the Wildlife Without Borders Program. (b) Purpose.--The purpose of this Act is to provide capacity building, outreach, education, and training assistance in endangered species and strategic habitat conservation to other nations by providing international wildlife management and conservation programs through the Wildlife Without Borders Program. SEC. 3. DEFINITIONS. In this Act: (1) Conservation.--The term ``conservation'' includes-- (A) the methods and procedures necessary to bring a species to the point at which there are sufficient populations in the wild to ensure that the species does not become extinct; and (B) all activities associated with protection and management of a species, including-- (i) maintenance, management, protection, and restoration of species habitat; (ii) research and monitoring; (iii) law enforcement; (iv) community outreach and education; (v) conflict resolution initiatives; and (vi) strengthening the capacity of local communities, government agencies, non- governmental organizations, and other institutions to implement conservation programs. (2) Fish or wildlife.--The term ``fish or wildlife'' means any member of the animal kingdom, including any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, or arthropod. (3) Plant.--The term ``plant'' mean any member of the plant kingdom, including seeds, roots, and other parts thereof. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Species.--The term ``species'' includes any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife. SEC. 4. WILDLIFE WITHOUT BORDERS PROGRAM. (a) In General.--The Secretary shall carry out the Wildlife Without Borders Program within the United States Fish and Wildlife Service to provide international wildlife conservation assistance through the initiation, facilitation, and promotion of locally adapted wildlife management and conservation programs in coordination with non- governmental organizations, governments, private businesses, and community leaders. Such program shall include, but shall not be limited to, partnership programs for grass roots capacity building, applied scientific conservation research, and wildlife management training. (b) Program Components.--The program authorized under this section shall include the following: (1) Species program.--A species program, which shall comprise administration of the programs and funds authorized by-- (A) the African Elephant Conservation Act of 1988 (16 U.S.C. 4201 et seq.); (B) the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.); (C) the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.); (D) the Great Ape Conservation Act of 2000 (16 U.S.C. 6301); (E) the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601); and (F) any similar, future authority provided to the Secretary and implemented by the Fish and Wildlife Service. (2) Regional program.--A regional program, which shall-- (A) address grass-roots conservation problems through a regional grants program focused on building in-country human and institutional capacity to achieve comprehensive conservation in a manner adapted to the particular needs of a partner country; (B) facilitate and guide delivery of other international United States Fish and Wildlife Service programs; and (C) coordinate, develop, and implement regional treaties, conventions, and accords, including regional coordination mechanisms, on behalf of the United States Fish and Wildlife Service. (3) Global program.--A global program, which shall, through programs under the jurisdiction of the secretary and that are implemented through the United States Fish and Wildlife Service-- (A) implement global habitat and conservation initiatives; and (B) address the international aspects of global conservation threats, such as invasive species and wildlife disease. (c) Coordination.--The Secretary shall operate the program components authorized under this section in a coordinated fashion to ensure efficient and cost-effective implementation. (d) Additional Components.--The Secretary may include such additional components in the program authorized under this section as the Secretary considers appropriate. SEC. 5. ACCEPTANCE AND USE OF DONATIONS. In administering the Wildlife Without Borders Program, the Secretary may accept donations of funds and to use such funds for capacity building, grants, and other on-the-ground uses carried out by the program components authorized under paragraphs (2) and (3) of section 4. SEC. 6. FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any advisory committees established under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act there is authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2009 through 2013.", "summary": "Wildlife Without Borders Authorization Act - Directs the Secretary of the Interior to carry out a Wildlife Without Borders Program within the U.S. Fish and Wildlife Service to provide international wildlife conservation assistance through the initiation, facilitation, and promotion of locally adapted wildlife management and conservation programs in coordination with non-governmental organizations, governments, private businesses, and community leaders. Specifies the species, regional, and global program components that shall be included in the Wildlife Without Borders Program. Permits the Secretary, in the administration of the Wildlife Without Borders Program, to accept donated funds and to use them for capacity building, grants, and other on-the-ground uses carried out under the regional and global program components authorized by this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Victims of State Sponsored Terrorism Act''. SEC. 2. TERRORISM EXCEPTION TO IMMUNITY. (a) In General.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605 the following: ``Sec. 1605A. Terrorism exception to the jurisdictional immunity of a foreign state ``(a) In General.-- ``(1) No immunity.--A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources (as defined in section 2339A of title 18) for such an act if such act or provision of material support is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency. ``(2) Claim heard.--The court shall hear a claim under this section if-- ``(A) the foreign state was designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) at the time the act occurred, unless later designated as a result of such act; ``(B) the claimant or the victim was-- ``(i) a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); ``(ii) a member of the Armed Forces of the United States (as that term is defined in section 976 of title 10); or ``(iii) otherwise an employee of the government of the United States or one of its contractors acting within the scope of their employment when the act upon which the claim is based occurred; or ``(C) where the act occurred in the foreign state against which the claim has been brought, the claimant has afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with the accepted international rules of arbitration. ``(b) Definition.--For purposes of this section-- ``(1) the terms `torture' and `extrajudicial killing' have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note); ``(2) the term `hostage taking' has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages; and ``(3) the term `aircraft sabotage' has the meaning given that term in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation. ``(c) Time Limit.--An action may be brought under this section if the action is commenced not later than the latter of-- ``(1) 10 years after April 24, 1996; or ``(2) 10 years from the date on which the cause of action arose. ``(d) Private Right of Action.--A private cause of action may be brought against a foreign state designated under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405(j)), and any official, employee, or agent of said foreign state while acting within the scope of his or her office, employment, or agency which shall be liable to a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)), a member of the Armed Forces of the United States (as that term is defined in section 976 of title 10), or an employee of the government of the United States or one of its contractors acting within the scope of their employment or the legal representative of such a person for personal injury or death caused by acts of that foreign state or its official, employee, or agent for which the courts of the United States may maintain jurisdiction under this section for money damages which may include economic damages, solatium, pain, and suffering, and punitive damages if the acts were among those described in this section. A foreign state shall be vicariously liable for the actions of its officials, employees, or agents. ``(e) Additional Damages.--After an action has been brought under subsection (d), actions may also be brought for reasonably foreseeable property loss, whether insured or uninsured, third party liability, and life and property insurance policy loss claims. ``(f) Special Masters.-- ``(1) In general.--The Courts of the United States may from time to time appoint special masters to hear damage claims brought under this section. ``(2) Transfer of funds.--The Attorney General shall transfer, from funds available for the program under sections 1404C of the Victims Crime Act of 1984 (42 U.S.C. 10603c) to the Administrator of the United States District Court in which any case is pending which has been brought pursuant to section 1605(a)(7) such funds as may be required to carry out the Orders of that United States District Court appointing Special Masters in any case under this section. Any amount paid in compensation to any such Special Master shall constitute an item of court costs. ``(g) Appeal.--In an action brought under this section, appeals from orders not conclusively ending the litigation may only be taken pursuant to section 1292(b) of this title. ``(h) Property Disposition.-- ``(1) In general.--In every action filed in a United States district court in which jurisdiction is alleged under this section, the filing of a notice of pending action pursuant to this section, to which is attached a copy of the complaint filed in the action, shall have the effect of establishing a lien of lis pendens upon any real property or tangible personal property located within that judicial district that is titled in the name of any defendant, or titled in the name of any entity controlled by any such defendant if such notice contains a statement listing those controlled entities. ``(2) Notice.--A notice of pending action pursuant to this section shall be filed by the clerk of the district court in the same manner as any pending action and shall be indexed by listing as defendants all named defendants and all entities listed as controlled by any defendant. ``(3) Enforceability.--Liens established by reason of this subsection shall be enforceable as provided in chapter 111 of this title.''. (b) Amendment to Chapter Analysis.--The chapter analysis for chapter 97 of title 28, United States Code, is amended by inserting after the item for section 1605 the following: ``1605A. Terrorism exception to the jurisdictional immunity of a foreign state.''. SEC. 3. CONFORMING AMENDMENTS. (a) Property.--Section 1610 of title 28, United States Code, is amended by adding at the end the following: ``(g) Property in Certain Actions.-- ``(1) In general.--The property of a foreign state, or agency or instrumentality of a foreign state, against which a judgment is entered under this section, including property that is a separate juridical entity, is subject to execution upon that judgment as provided in this section, regardless of-- ``(A) the level of economic control over the property by the government of the foreign state; ``(B) whether the profits of the property go to that government; ``(C) the degree to which officials of that government manage the property or otherwise control its daily affairs; ``(D) whether that government is the sole beneficiary in interest of the property; or ``(E) whether establishing the property as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations. ``(2) United states sovereign immunity inapplicable.--Any property of a foreign state, or agency or instrumentality of a foreign state, to which paragraph (1) applies shall not be immune from execution upon a judgment entered under this section because the property is regulated by the United States Government by reason of action taken against that foreign state under the Trading With the Enemy Act or the International Emergency Economic Powers Act.''. (b) Victims of Crime Act.--Section 1404C(a)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking ``December 21, 1988, with respect to which an investigation or'' and inserting ``October 23, 1983, with respect to which an investigation or civil or criminal''. (c) General Exception.--Section 1605 of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (5)(B), by inserting ``or'' after the semicolon; (B) in paragraph (6)(D), by striking ``; or'' and inserting a period; and (C) by striking paragraph (7); and (2) by striking subsections (e) and (f). SEC. 4. APPLICATION TO PENDING CASES. (a) In General.--The amendments made by this Act shall apply to any claim arising under section 1605A or 1605(g) of title 28, United States Code, as added by this Act. (b) Prior Actions.--Any judgment or action brought under section 1605(a)(7) of title 28, United States Code, or section 101(c) of Public Law 104-208 after the effective date of such provisions relying on either of these provisions as creating a cause of action, which has been adversely affected on the grounds that either or both of these provisions fail to create a cause of action opposable against the state, and which is still before the courts in any form, including appeal or motion under Federal Rule of Civil Procedure 60(b), shall, on motion made to the Federal District Court where the judgment or action was initially entered, be given effect as if it had originally been filed pursuant to section 1605A(d) of title 28, United States Code. The defenses of res judicata, collateral estoppel and limitation period are waived in any re-filed action described in this paragraph and based on the such claim. Any such motion or re-filing must be made not later than 60 days after enactment of this Act.", "summary": "Justice for Victims of State Sponsored Terrorism Act - Amends the federal judicial code to expand the rights of victims of state-sponsored terrorism by: (1) denying foreign states that support terrorism immunity from the jurisdiction of U.S. courts for cases involving personal injury or death related to the terrorist activities of its officials, employees, or agents; (2) allowing certain nationals of the United States, members of the Armed Forces, and federal employees or contractors a private cause of action against a foreign state designated as a state sponsor of terrorism; (3) making foreign states vicariously liable for the actions of their officials, employees, or agents; (4) limiting appeals in cases against foreign states involving terrorist-related injuries; and (5) establishing a pending lien against property of a foreign state sponsor of terrorism upon the initiation of legal action in the United States against such state."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Excess Prevention Act of 2011''. SEC. 2. LIMITATION ON GOVERNMENT PRINTING COSTS. Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the heads of Federal departments and independent agencies to-- (1) determine which Government publications could be available on Government websites and no longer printed and to devise a strategy to reduce overall Government printing costs over the 10-year period beginning with fiscal year 2012, except that the Director shall ensure that essential printed documents prepared for Social Security recipients, Medicare beneficiaries, and other populations in areas with limited Internet access or use continue to remain available; (2) establish government-wide Federal guidelines on employee printing; (3) issue on the Office of Management and Budget's public website the results of a cost-benefit analysis on implementing a digital signature system and on establishing employee printing identification systems, such as the use of individual employee cards or codes, to monitor the amount of printing done by Federal employees; except that the Director of the Office of Management and Budget shall ensure that Federal employee printing costs unrelated to national defense, homeland security, border security, national disasters, and other emergencies do not exceed $860,000,000 annually; and (4) issue guidelines requiring every department, agency, commission, or office to list at a prominent place near the beginning of each publication distributed to the public and issued or paid for by the Federal Government-- (A) the name of the issuing agency, department, commission, or office; (B) the total number of copies of the document printed; (C) the collective cost of producing and printing all of the copies of the document; and (D) the name of the firm publishing the document. SEC. 3. LIMITATION OF GOVERNMENT TRAVEL COSTS. (a) In General.--Notwithstanding any other provision of law, the total amount which is paid or reimbursed by an agency under subchapter I of chapter 57 of title 5, United States Code (relating to travel and subsistence expenses; mileage allowances for official travel by Federal employees) may not, for any of the 5 fiscal years beginning after the date of enactment of this Act, exceed 50 percent of the total amount so paid or reimbursed by such agency for the fiscal year in which such date of enactment occurs. (b) Exceptions.--For purposes of carrying out subsection (a), there shall not be taken into account the amounts paid or reimbursed for-- (1) any subsistence or travel expenses for threatened law enforcement personnel, as described in section 5706a of title 5, United States Code; or (2) any other expenses for which an exception is established under subsection (c) for reasons relating to national security or public safety. (c) Regulations.--Any regulations necessary to carry out this section shall, in consultation with the Director of the Office of Management and Budget, be prescribed by the same respective authorities as are responsible for prescribing regulations under section 5707 of title 5, United States Code. SEC. 4. REDUCTION IN FEDERAL VEHICLE COSTS. Notwithstanding any other provision of law-- (1) of the amounts made available to the General Services Administration for the acquisition of new vehicles for the Federal fleet for fiscal year 2011 and remaining unobligated as of the date of enactment of this Act, an amount equal to 20 percent of all such amounts is rescinded; (2) for fiscal year 2012 and each fiscal year thereafter-- (A) the amount made available to the General Services Administration for the acquisition of new vehicles for the Federal fleet shall not exceed an amount equal to 80 percent of the amount made available for the acquisition of those vehicles for fiscal year 2011 (before application of paragraph (1)); and (B) the number of new vehicles acquired by the General Services Administration for the Federal fleet shall not exceed a number equal to 50 percent of the vehicles so acquired for fiscal year 2011; and (3) any amounts made available under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for the acquisition of new vehicles for the Federal fleet shall be disregarded for purposes of determining the baseline.", "summary": "Government Excess Prevention Act of 2011 - Directs the Director of the Office of Management and Budget (OMB) to coordinate with federal agencies to: (1) determine which government publications could be published on government websites and devise a strategy to reduce government printing costs over the 10-year period beginning with FY2012, (2) issue on OMB's public website the results of a cost-benefit analysis for monitoring government printing, and (3) establish guidelines on employee printing and for disclosing the cost of printing government publications. Imposes limitations on government travel and subsistence expenses, except for expenses incurred for threatened law enforcement personnel and for other expenses related to national security or public safety. Rescinds in FY2011 20% of the funding for the acquisition of new vehicles for the federal fleet by the General Services Administration (GSA). Imposes limitations on such funding in FY2012 and subsequent fiscal years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Employers Financial Literacy Act''. SEC. 2. CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES WHICH PROVIDE CONTINUING FINANCIAL EDUCATION TO EMPLOYEES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45O. SMALL BUSINESSES PROVIDING CONTINUING FINANCIAL EDUCATION TO EMPLOYEES. ``(a) In General.--In the case of an eligible small business, the continuing financial education credit determined under this section is an amount equal to 35 percent of the continuing financial education expenses paid or incurred by the taxpayer during the taxable year. ``(b) Eligible Small Business.--For purposes of this section, the term `eligible small business' means any small business which provides without charge a qualified continuing financial education program to its employees throughout the taxable year. ``(c) Qualified Continuing Financial Education Program.--For purposes of this section-- ``(1) In general.--The term `qualified continuing financial education program' means any educational program or services-- ``(A) which is provided by a community-based budget and counseling agency which is described in section 501(c)(3) and exempt from tax under section 501(a), ``(B) which promotes consumer understanding of consumer, economic, and personal finance issues and concepts, including saving for retirement, managing credit, long-term care, estate planning and education on predatory lending, identity theft, and financial abuse schemes, ``(C) which is offered to all employees of the taxpayer who have at least 2 weeks of service with the employer, and ``(D) which is offered during-- ``(i) at least 24 hours of each month if the taxpayer is a corporation, or ``(ii) at least 16 hours of each month in any other case. ``(d) Small Business.--For purposes of this section-- ``(1) In general.--The term `small business' means, with respect to any taxable year, any employer if-- ``(A) such employer employed an average of at least 2 but not more than 50 employees on business days during the most recent calendar year ending before such taxable year, and ``(B) such employer employed at least 2 employees on the first day of the taxable year. ``(2) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the calendar year referred to in paragraph (1), the determination under paragraph (1) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the taxable year. ``(3) Special rules.-- ``(A) Controlled groups.--For purposes of this subsection, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. ``(B) Predecessors.--Any reference in this subsection to an employer shall include a reference to any predecessor of such employer.''. (b) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(f) Credit for Small Businesses Providing Continuing Financial Education to Employees.--No deduction shall be allowed for that portion of the expenses paid or incurred during the taxable year which is equal to the credit determined for the taxable year under sections 45O(a). In the case of persons treated as a single employer under section 45O(d)(3)(A), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52.''. (c) Credit To Be Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) in the case of an eligible small business (as defined in section 45O(d)), the continuing financial education credit under section 40O(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 40O. Small businesses providing continuing financial education to employees.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. PREFERENCE IN FEDERAL CONTRACTS, LOANS, AND OTHER ASSISTANCE FOR SMALL BUSINESSES AND CORPORATIONS PROVIDING CONTINUING FINANCIAL EDUCATION TO EMPLOYEES. (a) Preference.--In the case of any Federal contract or any Federal financial or nonfinancial assistance, an eligible small business or an eligible corporation shall be given a preference when submitting a bid or proposal for the contract or applying for such assistance. (b) Definitions.--In this section: (1) Eligible small business.--The term ``eligible small business'' has the meaning provided in section 45O(b) of the Internal Revenue Code of 1986. (2) Eligible corporation.--The term ``eligible corporation'' means any corporation-- (A) that employs 50 or more employees; and (B) that provides without charge a qualified continuing financial education program to its employees throughout the taxable year. (3) Qualified continuing financial education program.--The term ``qualified continuing financial education program'' has the meaning provided in section 45O(c) of the Internal Revenue Code of 1986. (4) Federal financial or nonfinancial assistance.--The term ``Federal financial or nonfinancial assistance'' means-- (A) all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 and guidelines implementing that order; and (B) procurement programs and activities, including Federal contracts for the procurement of goods or services. (c) Effective Date.--The preference required under subsection (a) shall be applied beginning on January 1, 2010.", "summary": "Employers Financial Literacy Act - Amends the Internal Revenue Code to allow small business taxpayers a tax credit for up to 35% of the costs of providing continuing financial education to their employees. Grants a preference to such small businesses in the awarding of federal contracts or assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Poverty Trap Study Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Low income people are subject to many taxes, including the Federal income tax, payroll taxes, and State income taxes. In addition, eligibility for many Federal and State programs for assistance to the working poor, such as the earned income tax credit, food stamps, housing assistance programs, medicaid, child care assistance, and the women, infants, and children (WIC) nutrition program is based in part on income levels. The rates at which the benefits from such programs are phased out have the same effect as additional taxes imposed on the beneficiaries. (2) The total effective marginal rate of tax for additional income earned by low income people can exceed 100 percent and can be a disincentive to working more hours, getting a raise, learning a more lucrative trade, getting married, or engaging in other economic or social activities. SEC. 3. NATIONAL COMMISSION ON MARGINAL TAX RATES FOR THE WORKING POOR. (a) Establishment.--There is established a commission to be known as the National Commission on Marginal Tax Rates for the Working Poor (in this section referred to as the ``Commission''). (b) Duties of the Commission.--The Commission shall-- (1) determine the total effective marginal rate of tax from all taxes and benefit program phaseouts that persons are subject to (both as individuals and as married couples) at all earnings levels between $7,000 and $30,000 per year for at least 5 States, including Wisconsin and California; and (2) submit the report required under subsection (f) to Congress. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 12 members, of whom-- (A) 3 shall be appointed by the Speaker of the House of Representatives; (B) 2 shall be appointed by the Minority Leader of the House of Representatives; (C) 3 shall be appointed by the Majority Leader of the Senate; (D) 2 shall be appointed by the Minority Leader of the Senate; and (E) 2 shall be appointed by the President. (2) Chairman.--The members of the Commission shall elect a chairman of the Commission at its first meeting. (3) Background.--At least half of the members appointed by each person who appoints members under paragraph (1) shall be recognized experts from think tanks or academia in the subject matter reviewed by the Commission. (4) Terms of appointment.--The term of any appointment under paragraph (1) to the Commission shall be for the life of the Commission. (5) Meetings.--The President shall designate a member of the Commission to call the first meeting of the Commission. Thereafter, the Commission shall meet at the call of its Chairman or a majority of its members. (6) Quorum.--A quorum shall consist of 7 members of the Commission. (7) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made, not later than 30 days after the Commission is given notice of the vacancy, and shall not affect the power of the remaining members to execute the duties of the Commission. (8) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (9) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (d) Staff and Support Services.-- (1) Executive director.-- (A) Appointment.--The Chairman shall appoint an executive director of the Commission. (B) Compensation.--The executive director shall be paid the rate of basic pay for level V of the Executive Schedule. (2) Staff.--With the approval of the Commission, the executive director may appoint such personnel as the executive director considers appropriate. (3) Applicability of civil service laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (4) Experts and consultants.--With the approval of the Commission, the executive director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (5) Physical facilities.--The Administrator of General Services shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. (e) Powers of Commission.-- (1) Hearings and other activities.--For the purpose of carrying out its duties, the Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (2) Studies by gao.--Upon the request of the Commission, the Comptroller General shall conduct such studies or investigations as the Commission determines to be necessary to carry out its duties. (3) Detail of federal employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (4) Technical assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (5) Use of mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (6) Obtaining information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairman of the Commission, the head of such agency shall furnish such information to the Commission. (7) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (8) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. (f) Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to Congress a report containing-- (1) the Commission's findings; and (2) recommendations for resolving any economic and other disincentives found by the Commission caused by the marginal tax rates to which the working poor are subject. (g) Termination.--The Commission shall terminate 30 days after the date of submission of the report required in subsection (f). Section 14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to the Commission. (h) Limitations on Authorization of Appropriations.--There are authorized to be appropriated not more than $900,000 to carry out this section.", "summary": "Poverty Trap Study Act of 2001 - Establishes the National Commission on Marginal Tax Rates for the Working Poor to: (1) determine the total effective marginal rate of tax from all taxes and benefit program phaseouts that persons are subject to at all earnings levels between $7,000 and $30,000 per year for at least five States, including Wisconsin and California; and (2) report to Congress. Authorizes appropriations. Terminates the Commission 30 days after the submission of its report."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for America's Servicemen and Women in Higher Education Act of 2003''. SEC. 2. REFUND POLICY. Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1091b(b)(2)) is amended by adding at the end the following: ``(D) Students on active duty during a war or national emergency.--Notwithstanding subparagraphs (A), (B), and (C), a student who withdraws from an institution of higher education to serve on active duty during a war or national emergency shall not be required to repay any grant assistance that is otherwise required to be repayed under this section.''. SEC. 3. DEFERMENT DURING ACTIVE DUTY. (a) FFEL Subsidized Loans.--Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended-- (1) in clause (ii), by striking ``or'' after the semicolon; (2) in clause (iii), by inserting ``or'' after the semicolon; and (3) by inserting after clause (iii) the following: ``(iv) during which the borrower-- ``(I) is a member of a regular component on active duty during a war or during a national emergency declared by the President or Congress, and receives compensation described in section 112(a) of the Internal Revenue Code of 1986; ``(II) is on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12306, 12307, or 12406, or chapter 15 of title 10, United States Code, or any other provision of law, during a war or during a national emergency declared by the President or Congress, regardless of the location at which such active duty service is performed; or ``(III) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 12402 of title 10, United States Code, or section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds.''. (b) Direct Subsidized Loans.--Section 455(f)(2) of such Act (20 U.S.C. 1087e(f)(2)) is amended-- (1) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (2) by adding at the end the following new subparagraph: ``(D) during which the borrower-- ``(i) is a member of a regular component on active duty during a war or during a national emergency declared by the President or Congress, and receives compensation described in section 112(a) of the Internal Revenue Code of 1986; ``(ii) is on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12306, 12307, or 12406, or chapter 15 of title 10, United States Code, or any other provision of law, during a war or during a national emergency declared by the President or Congress, regardless of the location at which such active duty service is performed; or ``(iii) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 12402 of title 10, United States Code, or section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds.''. (c) Consolidation Loans.--Section 428C(b)(4)(C)(ii) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is amended-- (1) in subclause (II), by striking ``or'' after the semicolon; (2) in subclause (III), by striking ``or (II)'' and inserting ``, (II) or (III)''; (3) by redesignating subclause (III) (as so amended) as subclause (IV); and (4) by inserting after subclause (II) the following: ``(III) by the Secretary, in the case of a consolidation loan of a student who is on an active duty deferment under section 428(b)(1)(M)(iv); or''. (d) FFEL Unsubsidized Loans.--Section 428H(e) of the Higher Education Act of 1965 (20 U.S.C. 1078-8(e)) is amended by adding at the end the following: ``(C) Notwithstanding subparagraph (A), interest on loans made under this section for which payments of principal are deferred because the student is on an active duty deferment under section 428(b)(1)(M)(iv) shall be paid by the Secretary.''. (e) Direct Unsubsidized Loans.--Section 455(f) of such Act (20 U.S.C. 1087e(f)) is amended by adding at the end the following: ``(5) Interest during active duty deferments.-- Notwithstanding paragraph (1)(B), interest on loans under this part for which payments of principal are deferred because the student is on an active duty deferment under paragraph (2)(D) shall be paid by the Secretary.''. (f) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended-- (1) in clause (iii), by striking ``or'' after the semicolon; (2) in clause (iv), by inserting ``or'' after the semicolon; and (3) by inserting after clause (iv) the following: ``(v) during which the borrower-- ``(I) is a member of a regular component on active duty during a war or during a national emergency declared by the President or Congress, and receives compensation described in section 112(a) of the Internal Revenue Code of 1986; ``(II) is on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12306, 12307, or 12406, or chapter 15 of title 10, United States Code, or any other provision of law, during a war or during a national emergency declared by the President or Congress, regardless of the location at which such active duty service is performed; or ``(III) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 12402 of title 10, United States Code, or section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds.''. (g) Effective Date.--The amendments made by this section shall apply with respect to loans for which the first disbursement is made on or after July 1, 1993, to an individual who is a new borrower (within the meaning of section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) on or after such date.", "summary": "Fairness for America's Servicemen and Women in Higher Education Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to revise title IV student loan and grant assistance repayment provisions with respect to individuals who serve on active duty during a war or national emergency.Exempts students who withdraw from higher education institutions to serve on active duty during a war or national emergency from requirements to repay certain title IV grant assistance.Defers repayments of principal, and directs the Secretary of Education to make interest payments, on specified types of student loans during a war or national emergency when a borrower is: (1) a member of a regular component on active duty, and receives specified compensation; (2) on active duty, regardless of the location at which such active duty service is performed; or (3) on full-time National Guard duty under a call to active service for a period of more than 30 consecutive days to respond to a national emergency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Assured Food Safety Act of 2007''. SEC. 2. CERTIFICATE OF ASSURED SAFETY PROGRAM. (a) Program.--The Secretary of Agriculture and the Commissioner of Food and Drugs shall jointly establish a program to require all food items imported into the United States to bear a certificate of assured safety issued by the government of the country from which the item is imported. In conducting such program, the Secretary and the Commissioner shall-- (1) establish requirements for a food item to be issued a certificate of assured safety by the government of the country from which the food item is to be imported into the United States; and (2) prohibit a food item that does not bear a certificate of assured safety from being imported into the United States. (b) Exemptions.--The Secretary and the Commissioner may exempt from the requirements of the program established under subsection (a) a food item that is imported-- (1) from a country that has not been the source of a contaminated food item resulting in a significant health or safety recall in the preceding 5 years, as determined by-- (A) in the case of meat and poultry food items, the Secretary; and (B) in the case of all other food items, the Commissioner; or (2) in a de minimis volume, as determined by-- (A) in the case of meat and poultry food items, the Secretary; and (B) in the case of all other food items, the Commissioner. (c) Failure To Provide Assured Level of Safety.-- (1) Prohibition.--If a food item fails to provide the level of safety assured in the certificate required under this section for such item, the Secretary and the Commissioner shall prohibit the importation of any food item that is the same type of food, is produced by the same person, and is produced in the same country until the Secretary or the Commissioner, as appropriate-- (A) is given an opportunity to inspect the place of production of the food to determine whether appropriate corrections have been made; and (B) determines that such country has taken sufficient steps to identify and correct the failure. (2) Heightened inspection.--For a period of 3 years after removing a prohibition against importation of a food item described in paragraph (1), the Secretary and the Commissioner shall require a heightened inspection of any such food item to provide reasonable assurance to consumers of their safety. SEC. 3. REPORTS. (a) Food Items Subject to Recalls.--Not later than February 15 of each year, the Secretary and the Commissioner shall jointly submit to Congress a report containing-- (1) the volume of imported food items subject to recalls; and (2) the volume of recoveries of such imported food items. (b) Sufficiency of Food Safety.--Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Secretary and the Commissioner shall jointly conduct a study and submit a report to the Congress on the sufficiency of food safety and improved food safety technologies. (c) Amount of Food Inspection.-- (1) Study.--The Secretary and the Commissioner shall jointly conduct a study on inspection of imported food to determine-- (A) the minimum amount of inspection necessary to assure consumers of a safe food supply; and (B) the additional cost of allocating resources for inspecting imported food in order to achieve such minimum amount. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary and the Commissioner shall submit to Congress a report containing the results of the study conducted under subsection (a). SEC. 4. MINIMUM INSPECTIONS. Not later than 1 year after the date of the submission of the report under section 3(c), the Secretary and the Commissioner shall ensure that the amount of imported food inspected by the Secretary and the Commissioner is not less than the amount determined necessary under section 3(c) to assure consumers of a safe food supply. SEC. 5. USER FEES REGARDING INSPECTIONS OF IMPORTED FOOD SAFETY. (a) In General.-- (1) Assessment.--Beginning in fiscal year 2008, the Secretary and the Commissioner shall jointly assess and collect fees on food imported into the United States. (2) Purpose of fees.--The purpose of fees under paragraph (1) is to defray increases in the costs of the resources allocated for inspecting imported food in order to comply with section 4 over the costs of the resources allocated for inspecting imported food in fiscal year 2007 multiplied by the adjustment factor. Increases referred to in the preceding sentence include increases in such costs for an additional number of full-time equivalent positions in the Department of Agriculture and the Department of Health and Human Services to be engaged in carrying out such section. (3) Amount of fee; collection.--A fee under paragraph (1) shall be assessed on each line item of food, as defined by the Secretary and the Commissioner by regulation. The amount of the fee shall be based on the number of line items, and may not exceed $20 per line item, notwithstanding subsection (b). The liability for the fee constitutes a personal debt due to the United States, and such liability accrues on the date on which the food is imported into the United States. The Secretary and the Commissioner may coordinate with and seek the cooperation of other agencies of the Federal Government regarding the collection of such fees. (b) Total Fee Revenues.--The total fee revenues collected under subsection (a) for a fiscal year shall be the amount appropriated under subsection (f)(3). (c) Adjustments.-- (1) Inflation adjustment.--With respect to the amount of total fee revenues referred to in subsection (b), the amount authorized in subsection (f)(3) for a fiscal year shall be adjusted by the Secretary and the Commissioner (and as adjusted shall be published in the Federal Register) to reflect the greater of-- (A) the total percentage change that occurred during the preceding fiscal year in the Consumer Price Index for all urban consumers (all items; U.S. city average); or (B) the total percentage change for such fiscal year in basic pay under the General Schedule in accordance with section 5332 of title 5, United States Code, as adjusted by any locality-based comparability payment pursuant to section 5304 of such title for Federal employees stationed in the District of Columbia. (2) Annual fee adjustment.--Not later than 60 days after the end of each fiscal year beginning after fiscal year 2008, the Secretary and the Commissioner, subject to not exceeding the maximum fee amount specified in subsection (a)(3), shall adjust the amounts that otherwise would under subsection (a) be assessed as fees during the fiscal year in which the adjustment occurs so that the total revenues collected in such fees for such fiscal year equal the amount applicable pursuant to subsection (b) for the fiscal year. (d) Fee Waiver or Reduction.--The Secretary and the Commissioner shall grant a waiver from or a reduction of a fee assessed under subsection (a) where the Secretary and the Commissioner find that the fee to be paid will exceed the anticipated present and future costs incurred by the Secretary and the Commissioner in carrying out section 4 (which finding may be made by the Secretary and the Commissioner using standard costs). (e) Assessment of Fees.-- (1) Limitation.--Fees may not be assessed under subsection (a) for a fiscal year beginning after fiscal year 2008 unless the amount appropriated for salaries and expenses of the Department of Agriculture and the Food and Drug Administration for such fiscal year is equal to or greater than the amount appropriated for salaries and expenses of the Food and Drug Administration for fiscal year 2008 multiplied by the adjustment factor applicable to the fiscal year involved, except that in making determinations under this paragraph for the fiscal years involved there shall be excluded any amounts collected as fees for purposes of funding the inspection of food or other items being imported. (2) Authority.--If the Secretary and the Commissioner do not assess fees under subsection (a) during any portion of a fiscal year because of paragraph (1) and if at a later date in such fiscal year the Secretary and the Commissioner may assess such fees, the Secretary and the Commissioner may assess and collect such fees, without any modification in the rate of the fees, at any time in such fiscal year notwithstanding the provisions of subsection (a)(3) relating to the time at which fees are to be paid. (f) Crediting and Availability of Fees.-- (1) In general.--Fees collected for a fiscal year pursuant to subsection (a) shall be credited to the appropriation accounts for salaries and expenses of the Department of Agriculture and the Food and Drug Administration and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. Such sums as may be necessary may be transferred from the Department of Agriculture and the Food and Drug Administration salaries and expenses appropriation accounts without fiscal year limitation to such appropriation accounts for salaries and expenses with such fiscal year limitation. The sums transferred shall be available solely for carrying out section 4. (2) Collections and appropriation acts.--The fees authorized in subsection (a)-- (A) shall be collected in each fiscal year in accordance with subsections (a)(3) and (b); and (B) shall only be collected and available for the purpose specified in subsection (a)(2). (3) Authorization of appropriations; allocations by secretary and commissioner.--Subject to paragraph (4), there is authorized to be appropriated the amount determined by the Secretary and the Commissioner under section 3(c) to be necessary to comply with section 4 for each of the fiscal years 2008 through 2012. (4) Offset.--Any amount of fees collected for a fiscal year under subsection (a) that exceeds the amount of fees specified in appropriation Acts for such fiscal year shall be credited to the appropriation accounts of the Department of Agriculture and the Food and Drug Administration as provided in paragraph (1), and shall be subtracted from the amount of fees that would otherwise be authorized to be collected under this section pursuant to appropriation Acts for a subsequent fiscal year. (g) Collection of Unpaid Fees.--In any case where the Secretary and the Commissioner do not receive payment of a fee assessed under subsection (a) within 30 days after it is due, such fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31, United States Code. (h) Construction.--This section may not be construed as requiring that the number of full-time equivalent positions in the Department of Agriculture or the Department of Health and Human Services, for officers, employees, and advisory committees not engaged in inspecting imported food be reduced to offset the number of officers, employees, and advisory committees so engaged. (i) Definition of Adjustment Factor.--For purposes of this section, the term ``adjustment factor'' applicable to a fiscal year is the Consumer Price Index for all urban consumers (all items; United States city average) for April of the preceding fiscal year divided by such Index for April 2007.''. SEC. 6. PRIVATE CAUSE OF ACTION. (a) In General.--Any person aggrieved by the failure of any food item to meet the level of safety assured in the certificate required for that food item under section 2(a) may bring a civil action in a United States district court against the person who imported the food item. (b) Damages.--In an action brought pursuant to subsection (a), the court may award actual damages, equitable relief, and any litigation costs reasonably incurred. SEC. 7. CRIMINAL PENALTIES. If any person imports a food item into the United States knowing that such food item does not comply with the assurance of safety for such food item in the certificate required for that food item under section 2(a), such person is deemed to be in violation of section 1001 of title 18, United States Code (relating to fraudulent and false statements in any matter within the Government). SEC. 8. DEFINITIONS. In this Act: (1) The term ``Commissioner'' means the Commissioner of Food and Drugs. (2) The term ``Secretary'' means the Secretary of Agriculture.", "summary": "Assured Food Safety Act of 2007 - Directs the Secretary of Agriculture and the Commissioner of Food and Drugs to jointly establish a program to require all food items imported into the United States to bear a certificate of assured safety issued by the government of the country from which the item is imported. Directs the Secretary and the Commissioner to: (1) establish certificate requirements; and (2) prohibit a food item that does not bear such certificate from being imported into the United States. Authorizes specified exemptions. Directs the Secretary and the Commissioner, upon a food item's failure to provide the assured safety level, to prohibit the importation of any similar food item produced by the same person in the same country until the Secretary or the Commissioner inspects the production place and determines that sufficient corrective steps have been taken. Requires: (1) heightened inspections for three years following the removal of a food item's import prohibition; and (2) inspection-related user fees on foods imported into the United States. Authorizes fee waiver or reduction. Provides: (1) a private right of action against an importer; and (2) criminal penalties against an importer who knowingly imports a non-complying food item."}
{"article": "SECTION 1. FINDINGS. The Congress finds the following: (1) In 1941, President Franklin D. Roosevelt overruled his top generals and ordered the creation of an all Black flight training program. President Roosevelt took this action one day after the NAACP filed suit on behalf of Howard University student Yancy Williams and others in Federal court to force the Department of War to accept Black pilot trainees. Yancy Williams had a civilian pilot's license and had earned an engineering degree. Years later, Major Yancy Williams participated in an air surveillance project created by President Dwight D. Eisenhower. (2) Due to the rigid system of racial segregation that prevailed in the United States during World War II, Black military pilots were trained at a separate airfield built near Tuskegee, Alabama. They became known as the ``Tuskegee Airmen''. (3) The Tuskegee Airmen inspired revolutionary reform in the Armed Forces, paving the way for full racial integration in the Armed Forces. They overcame the enormous challenges of prejudice and discrimination, succeeding, despite obstacles that threatened failure. (4) From all accounts, the training of the Tuskegee Airmen was an experiment established to prove that so-called ``coloreds'' were incapable of operating expensive and complex combat aircraft. Studies commissioned by the Army War College between 1924 and 1939 concluded that Blacks were unfit for leadership roles and incapable of aviation. Instead, the Tuskegee Airmen excelled. (5) Overall, some 992 Black pilots graduated from the pilot training program of the Tuskegee Army Air Field, with the last class finishing in June 1946, 450 of whom served in combat. The first class of cadets began in July 1941 with 13 airmen, all of whom had college degrees, some with Ph.D. degrees, and all of whom had pilot's licenses. One of the graduates was Captain Benjamin O. Davis Jr., a United States Military Academy graduate. Four aviation cadets were commissioned as second lieutenants, and 5 received Army Air Corps silver pilot wings. (6) That the experiment achieved success rather than the expected failure is further evidenced by the eventual promotion of 3 of these pioneers through the commissioned officer ranks to flag rank, including the late General Benjamin O. Davis, Jr., United States Air Force, the late General Daniel ``Chappie'' James, United States Air Force, our Nation's first Black 4-star general, and Major General Lucius Theus, United States Air Force (retired). (7) 450 Black fighter pilots under the command of then Colonel Benjamin O. Davis, Jr., fought in World War II aerial battles over North Africa, Sicily, and Europe, flying, in succession, P-40, P- 39, P-47, and P-51 aircraft. These gallant men flew 15,553 sorties and 1,578 missions with the 12th Tactical Air Force and the 15th Strategic Air Force. (8) Colonel Davis later became the first Black flag officer of the United States Air Force, retired as a 3-star general, and was honored with a 4th star in retirement by President William J. Clinton. (9) German pilots, who both feared and respected the Tuskegee Airmen, called them the ``Schwartze Vogelmenschen'' (or ``Black Birdmen''). White American bomber crews reverently referred to them as the ``Black Redtail Angels'', because of the bright red painted on the tail assemblies of their fighter aircraft and because of their reputation for not losing bombers to enemy fighters as they provided close escort for bombing missions over strategic targets in Europe. (10) The 99th Fighter Squadron, after having distinguished itself over North Africa, Sicily, and Italy, joined 3 other Black squadrons, the 100th, the 301st, and the 302nd, designated as the 332nd Fighter Group. They then comprised the largest fighter unit in the 15th Air Force. From Italian bases, they destroyed many enemy targets on the ground and at sea, including a German destroyer in strafing attacks, and they destroyed numerous enemy aircraft in the air and on the ground. (11) 66 of these pilots were killed in combat, while another 32 were either forced down or shot down and captured to become prisoners of war. These Black airmen came home with 150 Distinguished Flying Crosses, Bronze Stars, Silver Stars, and Legions of Merit, one Presidential Unit Citation, and the Red Star of Yugoslavia. (12) Other Black pilots, navigators, bombardiers and crewman who were trained for medium bombardment duty as the 477th Bomber Group (Medium) were joined by veterans of the 332nd Fighter Group to form the 477th Composite Group, flying the B-25 and P-47 aircraft. The demands of the members of the 477th Composite Group for parity in treatment and for recognition as competent military professionals, combined with the magnificent wartime records of the 99th Fighter Squadron and the 332nd Fighter Group, led to a review of the racial policies of the Department of War. (13) In September 1947, the United States Air Force, as a separate service, reactivated the 332d Fighter Group under the Tactical Air command. Members of the 332d Fighter Group were ``Top Guns'' in the 1st annual Air Force Gunnery Meet in 1949. (14) For every Black pilot, there were 12 other civilian or military Black men and women performing ground support duties. Many of these men and women remained in the military service during the post-World War II era and spearheaded the integration of the Armed Forces of the United States. (15) Major achievements are attributed to many of those who returned to civilian life and earned leadership positions and respect as businessmen, corporate executives, religious leaders, lawyers, doctors, educators, bankers, and political leaders. (16) A period of nearly 30 years of anonymity for the Tuskegee Airmen was ended in 1972 with the founding of Tuskegee Airmen, Inc., in Detroit, Michigan. Organized as a non-military and nonprofit entity, Tuskegee Airmen, Inc., exists primarily to motivate and inspire young Americans to become participants in our Nation's society and its democratic process, and to preserve the history of their legacy. (17) The Tuskegee Airmen have several memorials in place to perpetuate the memory of who they were and what they accomplished, including-- (A) the Tuskegee Airmen, Inc., National Scholarship Fund for high school seniors who excel in mathematics, but need financial assistance to begin a college program; (B) a museum in historic Fort Wayne in Detroit, Michigan; (C) Memorial Park at the Air Force Museum at Wright- Patterson Air Force Base in Dayton, Ohio; (D) a statue of a Tuskegee Airman in the Honor Park at the United States Air Force Academy in Colorado Springs, Colorado; and (E) a National Historic Site at Moton Field, where primary flight training was performed under contract with the Tuskegee Institute. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the Tuskegee Airmen, collectively, in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the Tuskegee Airmen under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the Tuskegee Airmen. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medals authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of a single gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces. Directs that, after such award, the medal be displayed at the Smithsonian Institution. Expresses the sense of Congress that such Institution should make the medal available for display elsewhere, particularly at locations associated with the Airmen. Provides funding from the United States Mint Public Enterprise Fund to cover the cost of duplicate medals authorized for sale."}
{"article": "SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Planning Actively for Cancer Treatment (PACT) Act of 2013''. (b) Findings.--Congress makes the following findings: (1) Individuals with cancer often do not have access to a cancer care system that incorporates shared decision-making and the coordination of all elements of care. (2) The cancer care system has not traditionally offered individuals with cancer a shared decision-making process, a prospective and comprehensive plan for treatment, symptom management and supportive care, strategies for updating and evaluating such plan with the assistance of a health care professional, and a follow-up plan for monitoring and treating possible late effects of cancer and its treatment. (3) Cancer survivors often experience the under-diagnosis and under-treatment of the symptoms of cancer, a problem that begins at the time of diagnosis and may become more severe with disease progression and at the end of life. The failure to treat the symptoms, side effects, and late effects of cancer and cancer treatment may have a serious adverse impact on the health, survival, well-being, and quality of life of cancer survivors. (4) The 1999 Institute of Medicine report entitled ``The Unequal Burden of Cancer'' found that low-income people often lack access to adequate cancer care and that ethnic minorities have not benefitted fully from cancer treatment advances. (5) Individuals with cancer often do not participate in a shared decision-making process that considers all treatment options and do not benefit from coordination of all elements of active treatment and palliative care. (6) Quality cancer care should incorporate access to psychosocial services and management of the symptoms of cancer and the symptoms of cancer treatment, including pain, nausea, vomiting, fatigue, and depression. (7) Quality cancer care should include a means for engaging cancer survivors in a shared decision-making process that produces a comprehensive care summary and a plan for follow-up care after primary treatment to ensure that cancer survivors have access to follow-up monitoring and treatment of possible late effects of cancer and cancer treatment, including appropriate psychosocial services. (8) The Institute of Medicine report entitled ``Ensuring Quality Cancer Care'' described the elements of quality care for an individual with cancer to include-- (A) the development of initial treatment recommendations by an experienced health care provider; (B) the development of a plan for the course of treatment of the individual and communication of the plan to the individual; (C) access to the resources necessary to implement the course of treatment; (D) access to high-quality clinical trials; (E) a mechanism to coordinate services for the treatment of the individual; and (F) psychosocial support services and compassionate care for the individual. (9) In its report ``From Cancer Patient to Cancer Survivor: Lost in Transition'', the Institute of Medicine recommended that individuals with cancer completing primary treatment be provided a comprehensive summary of their care along with a follow-up survivorship plan of treatment. (10) In ``Cancer Care for the Whole Patient'', the Institute of Medicine stated that the development of a plan that includes biomedical and psychosocial care should be a standard for quality cancer care in any quality measurement system. (11) Because more than half of all cancer diagnoses occur among elderly Medicare beneficiaries, cancer care inadequacies should be addressed through the Medicare program. (12) Shortcomings in providing cancer care, resulting in a lack of shared decision-making, inadequate management of cancer symptoms, and insufficient monitoring and treatment of late effects of cancer and its treatment, relate in part to the inadequacy of Medicare payments for such planning and coordination services. (13) Changes in Medicare payment for cancer care planning and coordination will support shared decision-making that reviews all treatment options and will contribute to improved care for individuals with cancer from the time of diagnosis through the end of the life. SEC. 2. COVERAGE OF CANCER CARE PLANNING AND COORDINATION SERVICES. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (EE); (B) by adding ``and'' at the end of subparagraph (FF); and (C) by adding at the end the following new subparagraph: ``(GG) cancer care planning and coordination services (as defined in subsection (iii))''; and (2) by adding at the end the following new subsection: ``Cancer Care Planning and Coordination Services ``(iii)(1) The term `cancer care planning and coordination services' means-- ``(A) with respect to an individual who is diagnosed with cancer, the development of a treatment plan by a physician, nurse practitioner, or physician assistant that-- ``(i) includes an assessment of the individual's diagnosis, health status, treatment needs, functional status, pain control, and psychosocial needs; ``(ii) engages the individual in a shared decision- making process that reviews all treatment options; ``(iii) details, to the greatest extent practicable all aspects of the care to be provided to the individual with respect to the treatment of such cancer, including any curative treatment, comprehensive symptom management, and palliative care; ``(iv) is furnished in person, in written form, to the individual within a period specified by the Secretary that is as soon as practicable after the date on which the individual is so diagnosed; ``(v) is furnished, to the greatest extent practicable, in a form that appropriately takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual; and ``(vi) is in accordance with standards determined by the Secretary to be appropriate; ``(B) with respect to an individual for whom a treatment plan has been developed under subparagraph (A), the revision of such treatment plan as necessary to account for any substantial change in the condition of the individual, recurrence of disease, changes in the individual's treatment preferences, or significant revision of the elements of curative care or symptom management for the individual, if such revision-- ``(i) is in accordance with clauses (i), (ii), (iv) and (v) of such subparagraph; and ``(ii) is furnished in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date of such revision; ``(C) with respect to an individual who has completed the primary treatment for cancer, as defined by the Secretary, the development of a follow-up survivorship care plan that-- ``(i) includes an assessment of the individual's diagnosis, health status, treatment needs, functional status, pain control, and psychosocial needs; ``(ii) engages the individual in a shared decision- making process that reviews all survivorship care options; ``(iii) describes the elements of the primary treatment, including symptom management and palliative care, furnished to such individual; ``(iv) provides recommendations for the subsequent care of the individual with respect to the cancer involved; ``(v) is furnished, in person, in written form, to the individual within a period specified by the Secretary that is as soon as practicable after the completion of such primary treatment; ``(vi) is furnished, to the greatest extent practicable, in a form that appropriately takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual; and ``(vii) is in accordance with standards determined by the Secretary to be appropriate; and ``(D) with respect to an individual for whom a follow-up cancer care plan has been developed under subparagraph (C), the revision of such plan as necessary to account for any substantial change in the condition of the individual, diagnosis of a second cancer, change in the individual's preference for survivorship care, or significant revision of the plan for follow-up care, if such revision-- ``(i) is in accordance with clauses (i), (ii), (iii), (v), and (vi) of such subparagraph; and ``(ii) is furnished in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date of such revision. ``(2) The Secretary shall establish standards to carry out paragraph (1) in consultation with appropriate organizations representing suppliers and providers of services related to cancer treatment and organizations representing survivors of cancer. Such standards shall include standards for determining the need and frequency for revisions of the treatment plans and follow-up survivorship care plans based on changes in the condition of the individual or elements and intent of treatment and standards for the communication of the plan to the individual. ``(3) In this subsection, the term `shared decision-making process' means, with respect to an individual, a process in which the individual and the individual's health care providers consider the individual's diagnosis, treatment options, the medical evidence related to treatment options, the risks and benefits of all treatment options, and the individual's preferences regarding treatment, and then jointly develop and implement a treatment plan.''. (b) Payment Under Physician Fee Schedule.-- (1) In general.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(GG),'' after ``health risk assessment),''. (2) Initial rates.--Unless the Secretary of Health and Human Services otherwise provides, the payment rate specified under the physician fee schedule under the amendment made by paragraph (1) for cancer care planning and coordination services shall be the same payment rate as provided for transitional care management services (as defined in CPT code 99496). (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after the first day of the first calendar year that begins after the date of the enactment of this Act.", "summary": "Planning Actively for Cancer Treatment (PACT) Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of cancer care planning and coordination services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Seas Act of 2017'' or the ``SOS Act of 2017''. SEC. 2. NOAA MARINE DEBRIS PROGRAM. Subsection (b) of section 3 of the Marine Debris Act (33 U.S.C. 1952(b)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5)(C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(6) work with other Federal agencies to develop outreach and education strategies to address both land- and sea-based sources of marine debris; and ``(7) work with the Department of State and other Federal agencies to promote international action to reduce the incidence of marine debris.''. SEC. 3. ASSISTANCE FOR SEVERE MARINE DEBRIS EVENTS. Section 3 of the Marine Debris Act (33 U.S.C. 1952) is amended by adding at the end the following new subsection: ``(d) Assistance for Severe Marine Debris Events.-- ``(1) In general.--At the discretion of the Administrator or at the request of the Governor of an affected State, the Administrator shall determine whether there is a severe marine debris event. ``(2) Assistance.-- ``(A) In general.--If the Administrator makes a determination under paragraph (1) that there is a severe marine debris event, the Administrator is authorized to make sums available to be used by the affected State or by the Administrator in cooperation with the affected State-- ``(i) to assist in the cleanup and response required by the severe marine debris event; or ``(ii) such other activity as the Administrator determines is appropriate in response to the severe marine debris event. ``(B) Priority assistance.--In providing assistance under this paragraph, the Administrator shall prioritize assistance for activities to respond to a severe marine debris event-- ``(i) in a rural or remote community; or ``(ii) in a habitat of national concern. ``(3) Funding.-- ``(A) Federal share.--The Federal share of the cost of an activity carried out under the authority of this subsection shall be-- ``(i) if the activity is funded wholly by funds made available by an entity, including the government of a foreign country, to the Federal Government for the purpose of responding to a severe marine debris event, 100 percent of the cost of the activity; or ``(ii) for any activity other than an activity funded as described in clause (i), 75 percent of the cost of the activity. ``(B) Limitation on administrative expenses.--In the case of an activity funded as described in subparagraph (A)(i), not more than 5 percent of the funds made available for the activity may be used by the Administrator for administrative expenses.''. SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL ENGAGEMENT TO RESPOND TO MARINE DEBRIS. It is the sense of Congress that the President should-- (1) support Federal funding for research and development of bio-based and other alternatives or environmentally feasible improvements to materials that reduce municipal solid waste and its consequences in the ocean; (2) work with representatives of foreign countries that contribute the most to the global marine debris problem to learn about, and find solutions to, the contributions of such countries to marine debris in the world's oceans; (3) carry out studies to determine-- (A) the primary means by which solid waste enters the oceans; (B) the manner in which waste management infrastructure can be most effective in preventing debris from reaching the oceans; (C) the long-term economic impacts of marine debris on the national economies of each country set out in paragraph (1) and on the global economy; and (D) the economic benefits of decreasing the amount of marine debris in the oceans; (4) work with representatives of foreign countries that contribute the most to the global marine debris problem, including land-based sources, to conclude one or more new international agreements that include provisions-- (A) to mitigate the risk of land-based marine debris contributed by such countries reaching an ocean; and (B) to increase technical assistance and investment in waste management infrastructure, if the President determines appropriate; and (5) encourage the United States Trade Representative to consider the impact of marine debris in relevant future trade agreements. SEC. 5. MEMBERSHIP OF THE INTERAGENCY MARINE DEBRIS COORDINATING COMMITTEE. Section 5(b) of the Marine Debris Act (33 U.S.C. 1954(b)) is amended-- (1) in paragraph (4), by striking ``; and'' and inserting a semicolon; (2) by redesignating paragraph (5) as paragraph (7); and (3) by inserting after paragraph (4) the following: ``(5) the Department of State; ``(6) the Department of the Interior; and''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 9 of the Marine Debris Act (33 U.S.C. 1958) is amended to read as follows: ``SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for each fiscal year 2018 through 2022-- ``(1) to the Administrator for carrying out sections 3, 5, and 6, $10,000,000, of which no more than 10 percent may be for administrative costs; and ``(2) to the Secretary of the Department in which the Coast Guard is operating, for the use of the Commandant of the Coast Guard in carrying out section 4, $2,000,000, of which no more than 10 percent may be used for administrative costs.''.", "summary": "Save Our Seas Act of 2017 or the SOS Act of 2017 This bill amends the Marine Debris Act to revise the Marine Debris Program to require the National Oceanic and Atmospheric Administration (NOAA) to work with: (1) other agencies to address both land- and sea-based sources of marine debris, and (2) the Department of State and other agencies to promote international action to reduce the incidence of marine debris. The bill also revises the program by allowing NOAA to make sums available for assisting in the cleanup and response required by severe marine debris events. NOAA must prioritize assistance for activities that respond to a severe marine debris event in: (1) a rural or remote community, or (2) a habitat of national concern. The bill urges the President to: (1) work with foreign countries that contribute the most to the global marine debris problem in order to find a solution to the problem; (2) study issues related to marine debris, including the economic impacts of marine debris; and (3) encourage the Office of the U.S. Trade Representative to consider the impact of marine debris in relevant future trade agreements. The Interagency Marine Debris Coordinating Committee must expand to include a senior official from the State Department or from the Department of the Interior. This bill reauthorizes for FY2018-FY2022: (1) the Marine Debris Program, (2) an information clearinghouse on marine debris, and (3) enforcement of laws about discarded marine debris from ships."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Transportation of Municipal Waste Act of 1995''. SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE. Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``interstate transportation of municipal waste ``Sec. 4011. (a) Authority To Restrict Out-of-State Municipal Waste.--(1)(A) Except as provided in subsection (b), if requested in writing by an affected local government, a Governor may prohibit the disposal of out-of-State municipal waste in any landfill or incinerator that is subject to the jurisdiction of the Governor or the affected local government. ``(B) Prior to submitting a request under this section, the affected local government shall-- ``(i) provide notice and opportunity for public comment concerning any proposed request; and ``(ii) following notice and comment, take formal action on any proposed request at a public meeting. ``(2) Beginning with calendar year 1995, a Governor of a State may, with respect to landfills covered by the exceptions provided in subsection (b)-- ``(A) notwithstanding the absence of a request in writing by the affected local government-- ``(i) limit the quantity of out-of-State municipal waste received for disposal at each landfill in the State to an annual quantity equal to the quantity of out-of-State municipal waste received for disposal at the landfill during the calendar year 1993 or 1994, whichever is less; and ``(ii) limit the disposal of out-of-State municipal waste at landfills that received, during calendar year 1993, documented shipments of more than 50,000 tons of out-of-State municipal waste representing more than 30 percent of all municipal waste received at the landfill during the calendar year, by prohibiting at each such landfill the disposal, in any year, of a quantity of out-of-State municipal waste that is greater than 30 percent of all municipal waste received at the landfill during calendar year 1993; and ``(B) if requested in writing by the affected local government, prohibit the disposal of out-of-State municipal waste in landfill cells that do not meet the design and location standards and leachate collection and ground water monitoring requirements of State law and regulations in effect on January 1, 1993, for new landfills. ``(3)(A) In addition to the authorities provided in paragraph (1)(A), beginning with calendar year 1997, a Governor of any State, if requested in writing by the affected local government, may further limit the disposal of out-of-State municipal waste as provided in paragraph (2)(A)(ii) by reducing the 30 percent annual quantity limitation to 20 percent in each of calendar years 1998 and 1999, and to 10 percent in each succeeding calendar year. ``(B)(i) A State may ban imports from large exporting States if the volumes of municipal solid waste exported by those States did not meet reduction targets. ``(ii) A ban under clause (i) may prohibit imports from States that export more than-- ``(I) 3,500,000 tons in calendar year 1996; ``(II) 3,000,000 tons in calendar year 1997; ``(III) 3,000,000 tons in calendar year 1998; ``(IV) 2,500,000 tons in calendar year 1999; ``(V) 2,500,000 tons in calendar year 2000; ``(VI) 1,500,000 tons in calendar year 2001; ``(VII) 1,500,000 tons in calendar year 2002; or ``(VIII) 1,000,000 tons in any calendar year after 2002, excluding any volume legitimately covered by a host community agreement. ``(4)(A) Any limitation imposed by the Governor under paragraph (2)(A)-- ``(i) shall be applicable throughout the State; ``(ii) shall not discriminate against any particular landfill within the State; and ``(iii) shall not discriminate against any shipments of out-of-State municipal waste on the basis of State of origin. ``(B) In responding to requests by affected local governments under paragraphs (1)(A) and (2)(B), the Governor shall respond in a manner that does not discriminate against any particular landfill within the State and does not discriminate against any shipments of out-of-State municipal waste on the basis of State of origin. ``(5)(A) Any Governor who intends to exercise the authority provided in this paragraph shall, within 120 days after the date of enactment of this section, submit to the Administrator information documenting the quantity of out-of-State municipal waste received for disposal in the State of the Governor during calendar years 1993 and 1994. ``(B) On receipt of the information submitted pursuant to subparagraph (A), the Administrator shall notify the Governor of each State and the public and shall provide a comment period of not less than 30 days. ``(C) Not later than 60 days after receipt of information from a Governor under subparagraph (A), the Administrator shall determine the quantity of out-of-State municipal waste that was received at each landfill covered by the exceptions provided in subsection (b) for disposal in the State of the Governor during calendar years 1993 and 1994, and provide notice of the determination to the Governor of each State. A determination by the Administrator under this subparagraph shall be final and not subject to judicial review. ``(D) Not later than 180 days after the date of enactment of this section, the Administrator shall publish a list of the quantity of out- of-State municipal waste that was received during calendar years 1993 and 1994 at each landfill covered by the exceptions provided in subsection (b) for disposal in each State in which the Governor intends to exercise the authority provided in this paragraph, as determined in accordance with subparagraph (C). ``(b) Exceptions To Authority To Prohibit Out-of-State Municipal Waste.--The authority to prohibit the disposal of out-of-State municipal waste provided under subsection (a)(1) shall not apply to-- ``(1) landfills in operation on the date of enactment of this section that-- ``(A) received during calendar year 1993 documented shipments of out-of-State municipal waste; and ``(B) are in compliance with all applicable State laws (including any State rule or regulation) relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure and corrective action; ``(2) proposed landfills that, prior to January 1, 1993, received-- ``(A) an explicit authorization as part of a host community agreement from the affected local government to receive municipal waste generated out-of-State; and ``(B) a notice of decision from the State to grant a construction permit; or ``(3) incinerators in operation on the date of enactment of this section that-- ``(A) received, during calendar year 1993, documented shipments of out-of-State municipal waste; ``(B) are in compliance with the applicable requirements of section 129 of the Clean Air Act (42 U.S.C. 7429); and ``(C) are in compliance with all applicable State laws (including any State rule or regulation) relating to facility design and operations. ``(c) Denial of Permits on Ground of Lack of Need.-- ``(1) Denial.--A State may deny a permit for the construction or operation of a new landfill or incinerator or a major modification of an existing landfill or incinerator if-- ``(A) the State has approved a State or local comprehensive solid waste management plan developed under Federal or State law; and ``(B) the denial is based on the State's determination, pursuant to a State law authorizing such denial, that there is not a local or regional need of the landfill or incinerator in the State. ``(2) Undue burden.--A denial of a permit under paragraph (1) shall not be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate against interstate commerce. ``(d) Definitions.--As used in this section: ``(1) The term `affected local government' means-- ``(A) the public body authorized by State law to plan for the management of municipal solid waste, a majority of the members of which are elected officials, for the area in which the landfill or incinerator is located or proposed to be located; or ``(B) if there is not such body created by State law, the elected officials of the city, town, township, borough, county, or parish selected by the Governor and exercising primary responsibility over municipal solid waste management or the use of land in the jurisdiction in which the facility is located or proposed to be located. ``(2) The term `affected local solid waste planning unit' means a political subdivision of a State with authority relating to solid waste management planning in accordance with State law. ``(3) With respect to a State, the term `out-of-State municipal waste' means municipal waste generated outside the State. To the extent that it is consistent with the United States-Canada Free Trade Agreement and the General Agreement on Tariffs and Trade, the term shall include municipal waste generated outside the United States. ``(4) The term `host community agreement' means a written, legally binding document or documents executed by duly authorized officials of the affected local government that specifically authorizes a landfill or incinerator to receive municipal solid waste generated out-of-State. ``(5) The term `municipal waste' means refuse (and refuse- derived fuel) generated by the general public or from a residential, commercial, institutional, or industrial source (or any combination thereof), consisting of paper, wood, yard wastes, plastics, leather, rubber, or other combustible or noncombustible materials such as metal or glass (or any combination thereof). The term `municipal waste' does not include-- ``(A) any solid waste identified or listed as a hazardous waste under section 3001; ``(B) any solid waste, including contaminated soil and debris, resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604, 9606) or a corrective action taken under this Act; ``(C) any metal, pipe, glass, plastic, paper, textile, or other material that has been separated or diverted from municipal waste and has been transported into the State for the purpose of recycling or reclamation; ``(D) any solid waste that is-- ``(i) generated by an industrial facility; and ``(ii) transported for the purpose of treatment, storage, or disposal to a facility that is owned or operated by the generator of the waste, or is located on property owned by the generator or a company with which the generator is affiliated; ``(E) any solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation; ``(F) any industrial waste that is not identical to municipal waste with respect to the physical and chemical state of the industrial waste, and composition, including construction and demolition debris; ``(G) any medical waste that is segregated from or not mixed with municipal waste; or ``(H) any material or product returned from a dispenser or distributor to the manufacturer for credit, evaluation, or possible reuse.''. SEC. 3. TABLE OF CONTENTS AMENDMENT. The table of contents of the Solid Waste Disposal Act is amended by adding at the end of the items relating to subtitle D the following new item: ``Sec. 4011. Interstate transportation of municipal waste.''.", "summary": "Interstate Transportation of Municipal Waste Act of 1995 - Amends the Solid Waste Disposal Act to authorize a State Governor, if requested by an affected local government, to prohibit the disposal of out-of-State municipal waste in: (1) any landfill or incinerator subject to the jurisdiction of the Governor or the local government; and (2) landfill cells that do not meet the State's design and location standards and leachate collection and groundwater monitoring requirements for new landfills. Permits such Governors, without the request of such entities, to limit the quantity of out-of-State municipal waste received for disposal, or the disposal of such waste, at landfills covered by exceptions under this Act. Authorizes States to ban imports from large exporting States if the volumes of municipal solid waste exported by such States did not meet reduction targets. Prohibits discrimination against any particular landfill and against shipments of out-of-State waste on the basis of State of origin. Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1993 and are in compliance with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to January 1, 1993, received an authorization as part of a host community agreement from the affected local government to receive municipal waste generated out-of-State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1993 and are in compliance with performance standards under the Clean Air Act and State laws relating to facility design and operations. Authorizes States to deny permits for the construction or operation of a new landfill or incinerator or a major modification of an existing landfill or incinerator if: (1) the State has approved a State or local comprehensive solid waste management plan developed under Federal or State law; and (2) the denial is based on the State's determination that there is not a local or regional need of the landfill or incinerator in the State."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Consumers from Unreasonable Credit Rates Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) attempts have been made to prohibit usurious interest rates in America since colonial times; (2) at the State level, 15 states and the District of Columbia have enacted broadly applicable usury laws that protect borrowers from high-cost payday loans and many other forms of credit, while 34 states and the District of Columbia have limited annual interest rates to 36 percent or less for 1 or more types of consumer credit; (3) at the Federal level, in 2006, Congress enacted a Federal 36 percent annualized usury cap for service members and their families for covered credit products, as defined by the Department of Defense, which curbed payday, car title, and tax refund lending around military bases; (4) notwithstanding such attempts to curb predatory lending, high-cost lending persists in all 50 States due to loopholes in State laws, safe harbor laws for specific forms of credit, and the exportation of unregulated interest rates permitted by preemption; (5) due to the lack of a comprehensive Federal usury cap, consumers annually pay approximately $17,500,000,000 for high- cost overdraft loans, as much as $8,600,000,000 for storefront and online payday loans, and nearly $900,000,000 for tax refund anticipation loans; (6) cash-strapped consumers pay on average 400 percent annual interest for payday loans, 300 percent annual interest for car title loans, up to 3,500 percent for bank overdraft loans, 50 to 500 percent annual interest for loans secured by expected tax refunds, and higher than 50 percent annual percentage interest for credit cards that charge junk fees; (7) a national maximum interest rate that includes all forms of fees and closes all loopholes is necessary to eliminate such predatory lending; and (8) alternatives to predatory lending that encourage small dollar loans with minimal or no fees, installment payment schedules, and affordable repayment periods should be encouraged. SEC. 3. NATIONAL MAXIMUM INTEREST RATE. The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 141. MAXIMUM RATES OF INTEREST. ``(a) In General.--Notwithstanding any other provision of law, no creditor may make an extension of credit to a consumer with respect to which the fee and interest rate, as defined in subsection (b), exceeds 36 percent. ``(b) Fee and Interest Rate Defined.-- ``(1) In general.--For purposes of this section, the fee and interest rate includes all charges payable, directly or indirectly, incident to, ancillary to, or as a condition of the extension of credit, including-- ``(A) any payment compensating a creditor or prospective creditor for-- ``(i) an extension of credit or making available a line of credit, such as fees connected with credit extension or availability such as numerical periodic rates, annual fees, cash advance fees, and membership fees; or ``(ii) any fees for default or breach by a borrower of a condition upon which credit was extended, such as late fees, creditor-imposed not sufficient funds fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fees, and over limit fees; ``(B) all fees which constitute a finance charge, as defined by rules of the Board in accordance with this title; ``(C) credit insurance premiums, whether optional or required; and ``(D) all charges and costs for ancillary products sold in connection with or incidental to the credit transaction. ``(2) Tolerances.-- ``(A) In general.--With respect to a credit obligation that is payable in at least 3 fully amortizing installments over at least 90 days, the term `fee and interest rate' does not include-- ``(i) application or participation fees that in total do not exceed the greater of $30 or, if there is a limit to the credit line, 5 percent of the credit limit, up to $120, if-- ``(I) such fees are excludable from the finance charge pursuant to section 106 and regulations issued thereunder; ``(II) such fees cover all credit extended or renewed by the creditor for 12 months; and ``(III) the minimum amount of credit extended or available on a credit line is equal to $300 or more; ``(ii) a late fee charged as authorized by State law and by the agreement that does not exceed either $20 per late payment or $20 per month; or ``(iii) a creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds that does not exceed $15. ``(B) Adjustments for inflation.--The Board may adjust the amounts of the tolerances established under this paragraph for inflation over time, consistent with the primary goals of protecting consumers and ensuring that the 36 percent fee and interest rate limitation is not circumvented. ``(c) Calculations.-- ``(1) Open end credit plans.--For an open end credit plan-- ``(A) the fee and interest rate shall be calculated each month, based upon the sum of all fees and finance charges described in subsection (b) charged by the creditor during the preceding 1-year period, divided by the average daily balance; and ``(B) if the credit account has been open less than 1 year, the fee and interest rate shall be calculated based upon the total of all fees and finance charges described in subsection (b)(1) charged by the creditor since the plan was opened, divided by the average daily balance, and multiplied by the quotient of 12 divided by the number of full months that the credit plan has been in existence. ``(2) Other credit plans.--For purposes of this section, in calculating the fee and interest rate, the Board shall require the method of calculation of annual percentage rate specified in section 107(a)(1), except that the amount referred to in that section 107(a)(1) as the `finance charge' shall include all fees, charges, and payments described in subsection (b)(1). ``(3) Adjustments authorized.--The Board may make adjustments to the calculations in paragraphs (1) and (2), but the primary goals of such adjustment shall be to protect consumers and to ensure that the 36 percent fee and interest rate limitation is not circumvented. ``(d) Definition of Creditor.--As used in this section, the term `creditor' has the same meaning as in section 702(e) of the Equal Credit Opportunity Act (15 U.S.C. 1691a(e)). ``(e) No Exemptions Permitted.--The exemption authority of the Board under section 105 shall not apply to the rates established under this section or the disclosure requirements under section 127(b)(6). ``(f) Disclosure of Fee and Interest Rate for Credit Other Than Open End Credit Plans.--In addition to the disclosure requirements under section 127(b)(6), the Board may prescribe regulations requiring disclosure of the fee and interest rate established under this section in addition to or instead of annual percentage rate disclosures otherwise required under this title. ``(g) Relation to State Law.--Nothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. ``(h) Civil Liability and Enforcement.--In addition to remedies available to the consumer under section 130(a), any payment compensating a creditor or prospective creditor, to the extent that such payment is a transaction made in violation of this section, shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder of the obligation shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or setoff to an action to collect such debt or repossess related security at any time. ``(i) Violations.--Any person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of-- ``(1) 3 times the amount of the total accrued debt associated with the subject transaction; or ``(2) $50,000. ``(j) State Attorneys General.--An action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction within 3 years from the date of the violation, and such attorney general may obtain injunctive relief.''. SEC. 4. DISCLOSURE OF FEE AND INTEREST RATE FOR OPEN END CREDIT PLANS. Section 127(b)(6) of the Truth in Lending Act (15 U.S.C. 1637(b)(6)) is amended by striking ``the total finance charge expressed'' and all that follows through the end of the paragraph and inserting ``the fee and interest rate, displayed as `FAIR', established under section 141.''.", "summary": "Protecting Consumers from Unreasonable Credit Rates Act of 2009 - Amends the Truth in Lending Act to prohibit a creditor from extending credit to a consumer under an open end consumer credit plan (credit card) for which the fee and interest rate exceeds 36%. Sets forth criminal penalties for violation of this Act. Empowers state Attorneys General to enforce this Act. Revises requirements for a periodic statement for each billing cycle with respect to where the total finance charge exceeds 50 cents for a monthly or longer billing cycle, or the pro rata part of 50 cents for a billing cycle shorter than monthly. Requires inclusion of the fee and interest rate, displayed as \"FAIR,\" instead of the total finance charge expressed as an annual percentage rate (APR)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Reauthorization Act of 2016''. SEC. 2. INCREASED FUNDING LIMIT FOR DIRECT REMEDIATION. Section 104(k)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)), is amended-- (1) by redesignating subparagraphs (B) through (D) as paragraphs (C) through (E), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) Exception.--If, in any fiscal year, the amount appropriated under this subsection exceeds $200,000,000, a grant provided under subparagraph (A)(ii) shall not exceed $300,000 for each site to be remediated.''. SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended-- (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (2) in paragraph (3)(A), by striking ``Subject to paragraphs (4) and (5)'' and inserting ``Subject to paragraphs (5) and (6)''; and (3) by inserting after paragraph (3) the following: ``(4) Multipurpose brownfields grants.-- ``(A) In general.--Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in a proposed area. ``(B) Grant amounts.-- ``(i) Individual grant amounts.--Each grant awarded under this paragraph shall not exceed $950,000. ``(ii) Cumulative grant amounts.--The total amount of grants awarded for each fiscal year under this paragraph shall not exceed 15 percent of the funds made available for the fiscal year to carry out this subsection. ``(C) Criteria.--In awarding a grant under this paragraph, the Administrator shall consider the extent to which an eligible entity is able-- ``(i) to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used; ``(ii) to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant; and ``(iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. ``(D) Condition.--As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant not later than the date that is 3 years after the date on which the grant is awarded to the eligible entity unless the Administrator, in the discretion of the Administrator, provides an extension.''. SEC. 4. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS. Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is amended-- (1) in subparagraph (G), by striking ``or'' after the semicolon; (2) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(I) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; ``(J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); ``(K) a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or ``(L) a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986).''. SEC. 5. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS. Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1) of this Act) is amended-- (1) in subparagraph (B)-- (A) in clause (i)-- (i) by striking subclause (III); and (ii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; (B) by striking clause (ii); (C) by redesignating clause (iii) as clause (ii); and (D) in clause (ii) (as redesignated by subparagraph (C)), by striking ``Notwithstanding clause (i)(IV)'' and inserting ``Notwithstanding clause (i)(III)''; and (2) by adding at the end the following: ``(E) Administrative costs.-- ``(i) In general.--An eligible entity may use up to 8 percent of the amounts made available under a grant or loan under this subsection for administrative costs. ``(ii) Restriction.--For purposes of clause (i), the term `administrative costs' does not include-- ``(I) investigation and identification of the extent of contamination; ``(II) design and performance of a response action; or ``(III) monitoring of a natural resource.''. SEC. 6. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES. Section 104(k)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the end the following: ``(C) Exemption for certain publicly owned brownfield sites.--Notwithstanding any other provision of law, an eligible entity that is a governmental entity may receive a grant under this paragraph for property acquired by that governmental entity prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser (as that term is defined in section 101(40)), so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Amend section 104(k)(12) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(12)) to read as follows: ``(12) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $250,000,000 for each of the fiscal years 2016 through 2021.''. SEC. 8. STATE RESPONSE PROGRAM FUNDING. Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended by striking ``2006'' and inserting ``2021''.", "summary": "Brownfields Reauthorization Act of 2016 This bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)to revise and reauthorize brownfields revitalization and state response program funding through FY2021.(Brownfields are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant.) The Environmental Protection Agency must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at one or more brownfield sites in a proposed area. Certain nonprofit organizations and community development entities are made eligible for brownfields revitalization funding. Grant or loan recipients may use up to 8% of brownfields revitalization funding for administrative costs. Additionally, the bill revises the brownfield site characterization and assessment grant program to allow a governmental entity to receive a grant for property acquired prior to January 11, 2002, even if the entity does not qualify as a bona fide prospective purchaser under CERCLA."}
{"article": "SECTION 1. SHORT TITLE AND AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Long-Term Care Advancement Act of 1998''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EXCEPTION FROM PENALTY TAX AND EXCLUSION FROM INCOME FOR AMOUNTS WITHDRAWN FROM CERTAIN RETIREMENT PLANS FOR QUALIFIED LONG-TERM CARE INSURANCE. (a) Exception From Penalty Tax.--Paragraph (2) of section 72(t) (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: ``(G) Premiums for qualified long-term care insurance contracts.-- ``(i) In general.--Distributions to an individual from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3), to the extent such distributions do not exceed the premiums for a qualified long-term care insurance contract for such individual or the spouse of such individual. In applying subparagraph (B), such premiums shall be treated as amounts not paid for medical care. ``(ii) No double benefit.--No deduction shall be allowed under section 213 for any amount described in this subparagraph unless the taxpayer elects to have this subparagraph not apply to such amount. ``(iii) Qualified long-term care insurance contract.--For purposes of this subparagraph, the term `qualified long-term care insurance contract' has the meaning given such term by section 7702B(b), except that such term includes only such contracts which are licensed for sale in the State in which the policy was purchased.'' (b) Exclusion From Income for Amounts Withdrawn From Certain Plans To Pay Long-Term Care Premiums.--Part III of subchapter B of chapter 1 (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 140 and by inserting after section 138 the following new section: ``SEC. 139. DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS AND SECTION 401(K) PLANS FOR LONG-TERM CARE INSURANCE. ``(a) General Rule.--The amount which would (but for this section) be includible in the gross income of an individual for the taxable year by reason of distributions from any individual retirement plan (within the meaning of section 7701(a)(37)) or qualified cash or deferred arrangement (within the meaning of section 401(k)) shall be reduced (but not below zero) by the eligible long-term care premiums (as defined in section 213(d)(10)) paid by such individual during such taxable year for any qualified long-term care insurance contract covering such individual or the spouse of such individual. ``(b) Special Rules for Section 401(k) Plans.-- ``(1) Withdrawals cannot exceed elective contributions under qualified cash or deferred arrangement.--This section shall not apply to any distribution from a qualified cash or deferred arrangement (within the meaning of section 401(k)) to the extent the aggregate amount of such distributions for the use described in subsection (a) exceeds the aggregate employer contributions made pursuant to the employee's election under section 401(k)(2). ``(2) Withdrawals not to cause disqualification.--A plan shall not be treated as failing to satisfy the requirements of section 401, and an arrangement shall not be treated as failing to be a qualified cash or deferred arrangement (within the meaning of section 401(k)), merely because under the plan or arrangement distributions are permitted which are excludable from gross income by reason of this section. ``(c) Qualified Long-Term Care Insurance Contract.--For purposes of this section, the term `qualified long-term care insurance contract' has the meaning given such term by section 7702B(b), except that such term includes only such contracts which are licensed for sale in the State in which the taxpayer purchased the policy.'' (c) Distributions Permitted From Certain Plans To Pay Long-term Care Premiums.-- (1) Section 401(k)(2)(B)(i) is amended by striking ``or'' at the end of subclause (III), by striking ``and'' at the end of subclause (IV) and inserting ``or'', and by inserting after subclause (IV) the following new subclause: ``(V) the date distributions for premiums for a long-term care insurance contract (as defined in section 139(c)) for coverage of such individual or the spouse of such individual are made, and''. (2) Section 403(b)(11) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) for the payment of premiums for a long-term care insurance contract (as defined in section 139(c)) for coverage of the employee or the spouse of the employee.'' (3) Subparagraph (A) of section 457(d)(1) is amended by striking ``or'' at the end of clause (ii), by striking ``and'' at the end of clause (iii) and inserting ``or'', and by inserting after clause (iii) the following new clause: ``(iv) the date distributions for premiums for a long-term care insurance contract (as defined in section 139(c)) for coverage of such individual or the spouse of such individual are made, and''. (d) Conforming Amendments.-- (1) Section 72(t)(2)(B) is amended by striking ``subparagraph (A), (C), or (D)'' and inserting ``subparagraph (A), (C), (D), or (G)''. (2) Section 401(k) is amended by adding at the end the following new paragraph: ``(13) Cross reference.-- ``For provision permitting tax-free withdrawals for payment of long-term care premiums, see section 139.'' (3) Section 408(d) is amended by adding at the end the following new paragraph: ``(8) Cross reference.-- ``For provision permitting tax-free withdrawals from individual retirement plans for payment of long-term care premiums, see section 139.'' (4) The table of sections for part III of subchapter B of chapter 1 is amended by striking the last item and inserting the following new items: ``Sec. 139. Distributions from individual retirement plans and section 401(k) plans for long-term care insurance. ``Sec. 140. Cross references to other Acts.'' (e) Effective Date.--The amendments made by this section shall apply to payments and distributions after December 31, 1997. SEC. 3. REFUNDABLE CREDIT FOR TAXPAYERS WITH CERTAIN PERSONS REQUIRING CUSTODIAL CARE IN THEIR HOUSEHOLDS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CREDIT FOR TAXPAYERS WITH CERTAIN PERSONS REQUIRING CUSTODIAL CARE IN THEIR HOUSEHOLDS. ``(a) Allowance of Credit.--In the case of an individual who maintains a household which includes as a member one or more qualified persons, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $500 for each such person. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $110,000 in the case of a joint return, ``(B) $75,000 in the case of an individual who is not married, and ``(C) $55,000 in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(c) Qualified Person.--For purposes of this section, the term `qualified person' means any individual-- ``(1) who is a father or mother of the taxpayer, his spouse, or his former spouse or who is an ancestor of such a father or mother, ``(2) who is a chronically ill individual (as defined in section 7702B(c)(2)), ``(3) who has as his principal place of abode for more than half of the taxable year the home of the taxpayer, and ``(4) whose name and TIN are included on the taxpayer's return for the taxable year. For purposes of paragraph (1), a stepfather or stepmother shall be treated as a father or mother. ``(d) Special Rules.--For purposes of this section, rules similar to the rules of paragraphs (1), (2), (3), and (4) of section 21(e) shall apply. ``(e) Phase-In.--In the case of a taxable year beginning in a calendar year before 2002, subsection (a) shall be applied by substituting the applicable amount determined under the following table for the $500 amount appearing in subsection (a): ``If the calendar year is: The applicable amount is: 1998............................................... $250 1999............................................... $350 2000............................................... $400 2001............................................... $450. ``(f) Inflation Adjustment.--In the case of any taxable year beginning in a calendar year after 2002, the $500 amount contained in subsection (a) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50.'' (b) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by striking the last item and inserting the following: ``Sec. 35. Credit for taxpayers with certain persons requiring custodial care in their households. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.", "summary": "Long-Term Care Advancement Act of 1998 - Amends the Internal Revenue Code to: (1) except from the penalty tax and exclude from income amounts withdrawn from qualified retirement plans which are used to pay for premiums for qualified long-term care insurance contracts; and (2) provide a limited credit for an individual who maintains a household with a person requiring custodial care."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Access for All America Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Providing universal coverage for health care for all Americans will be incomplete if access to medical and other health services is not improved. (2) Currently, 56,000,000 Americans, both insured and uninsured, have inadequate access to primary care due to a shortage of physicians and other like providers in their community. (3) Several demonstrations are underway at the Federal and State level to link patients to a primary care ``medical home'' as a means of assuring access, controlling costs, and improving quality. (4) Yet, there already exists a proven medical home model that accomplishes these goals and has done so over the past 40 years while serving over 18,000,000 Americans. (5) Community health centers, also known as Federally Qualified Health Centers (FQHCs), have been found to more than pay for themselves by providing coordinated, comprehensive medical, dental, behavioral health, and prescription drug services that reduce unnecessary emergency room visits, ambulatory-sensitive hospitalizations, and avoidable specialty care. (6) The result is that the American Academy of Family Physicians' Robert Graham Center found that medical expenses for health center patients are 41 percent lower compared to patients seen elsewhere, an average savings of $1,810 per person per year. (7) The Lewin Group found that providing access to a medical home for every American would produce health care savings of $67,000,000,000 per year, more than 8 times the subsidy needed to sustain the 1,100 current health centers and to create 3,900 new or expanded health center sites to accomplish full access. (8) Hand in hand with the expansion of the community health center program, a renewed investment in the National Health Service Corps is essential to reverse the decline in the supply of primary care physicians and dentists. (9) Both the expansion of the community health center program and the investment in the National Health Service Corps can be accomplished for less than 1 percent of total health care spending today. (10) Finally, to encourage broader adoption of the cost- effective community health center model of care beyond underserved areas and populations and to encourage the pursuit and practice of primary care as a career, all willing primary care practitioners should be encouraged to collaborate with community health centers. SEC. 3. SPENDING FOR FEDERALLY QUALIFIED HEALTH CENTERS (FQHCS). Section 330(r) of the Public Health Service Act (42 U.S.C. 254b(r)) is amended by striking paragraph (1) and inserting the following: ``(1) General amounts for grants.--For the purpose of carrying out this section, in addition to the amounts authorized to be appropriated under subsection (d), there is authorized to be appropriated the following: ``(A) For fiscal year 2010, $2,988,821,592. ``(B) For fiscal year 2011, $3,862,107,440. ``(C) For fiscal year 2012, $4,990,553,440. ``(D) For fiscal year 2013, $6,448,713,307. ``(E) For fiscal year 2014, $7,332,924,155. ``(F) For fiscal year 2015, $8,332,924,155. ``(G) For fiscal year 2016, and each subsequent fiscal year, the amount appropriated for the preceding fiscal year adjusted by the product of-- ``(i) one plus the average percentage increase in costs incurred per patient served; and ``(ii) one plus the average percentage increase in the total number of patients served.''. SEC. 4. OTHER PROVISIONS. (a) Settings for Service Delivery.--Section 330(a)(1) of the Public Health Service Act (42 U.S.C. 254b(a)(1)) is amended by adding at the end the following: ``Required primary health services and additional health services may be provided either at facilities directly operated by the center or at any other inpatient or outpatient settings determined appropriate by the center to meet the needs of its patents.''. (b) Location of Service Delivery Sites.--Section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a)) is amended by adding at the end the following: ``(3) Considerations.-- ``(A) Location of sites.--Subject to subparagraph (B), a center shall not be required to locate its service facility or facilities within a designated medically underserved area in order to serve either the residents of its catchment area or a special medically underserved population comprised of migratory and seasonal agricultural workers, the homeless, or residents of public housing, if that location is determined by the center to be reasonably accessible to and appropriate to meet the needs of the medically underserved residents of the center's catchment area or the special medically underserved population, in accordance with subparagraphs (A) and (J) of subsection (k)(3). ``(B) Location within another center's area.--The Secretary may permit applicants for grants under this section to propose the location of a service delivery site within another center's catchment area if the applicant demonstrates sufficient unmet need in such area and can otherwise justify the need for additional Federal resources in the catchment area. In determining whether to approve such a proposal, the Secretary shall take into consideration whether collaboration between the two centers exists, or whether the applicant has made reasonable attempts to establish such collaboration, and shall consider any comments timely submitted by the affected center concerning the potential impact of the proposal on the availability or accessibility of services the affected center currently provides or the financial viability of the affected center.''. (c) Affiliation Agreements.--Section 330(k)(3)(B) of the Public Health Service Act (42 U.S.C. 254b(k)(3)(B)) is amended by inserting before the semicolon the following: ``, including contractual arrangements as appropriate, while maintaining full compliance with the requirements of this section, including the requirements of subparagraph (H) concerning the composition and authorities of the center's governing board, and, except as otherwise provided in clause (ii) of such subparagraph, ensuring full autonomy of the center over policies, direction, and operations related to health care delivery, personnel, finances, and quality assurance''. (d) Governance Requirements.--Section 330(k)(3) of the Public Health Service Act (42 U.S.C. 254b(k)(3)) is amended-- (1) in subparagraph (H)-- (A) in clause (ii), by striking ``; and'' and inserting ``, except that in the case of a public center (as defined in the second sentence of this paragraph), the public entity may retain authority to establish financial and personnel policies for the center; and''; (B) in clause (iii), by adding ``and'' at the end; and (C) by inserting after clause (iii) the following: ``(iv) in the case of a co-applicant with a public entity, meets the requirements of clauses (i) and (ii);''; and (2) in the second sentence, by inserting before the period the following: ``that is governed by a board that satisfies the requirements of subparagraph (H) or that jointly applies (or has applied) for funding with a co-applicant board that meets such requirements''. (e) Adjustment in Center's Operating Plan and Budget.--Section 330(k)(3)(I)(i) of the Public Health Service Act (42 U.S.C. 254b(k)(3)(I)(i)) is amended by inserting before the semicolon the following: ``, which may be modified by the center at any time during the fiscal year involved if such modifications do not require additional grant funds, do not compromise the availability or accessibility of services currently provided by the center, and otherwise meet the conditions of subsection (a)(3)(B), except that any such modifications that do not comply with this clause, as determined by the health center, shall be submitted to the Secretary for approval''. (f) Joint Purchasing Arrangements for Reduced Cost.--Section 330(l) of the Public Health Service Act (42 U.S.C. 254b(l)) is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) Assistance with supplies and services costs.--The Secretary, directly or through grants or contracts, may carry out projects to establish and administer arrangements under which the costs of providing the supplies and services needed for the operation of federally qualified health centers are reduced through collaborative efforts of the centers, through making purchases that apply to multiple centers, or through such other methods as the Secretary determines to be appropriate.''. (g) Opportunity To Correct Material Failure Regarding Grant Conditions.--Section 330(e) of the Public Health Service Act (42 U.S.C. 254b(e)) is amended by adding at the end the following: ``(6) Opportunity to correct material failure regarding grant conditions.--If the Secretary finds that a center materially fails to meet any requirement (except for any requirements waived by the Secretary) necessary to qualify for its grant under this subsection, the Secretary shall provide the center with an opportunity to achieve compliance (over a period of up to 1 year from making such finding) before terminating the center's grant. A center may appeal and obtain an impartial review of any Secretarial determination made with respect to a grant under this subsection, or may appeal and receive a fair hearing on any Secretarial determination involving termination of the center's grant entitlement, modification of the center's service area, termination of a medically underserved population designation within the center's service area, disallowance of any grant expenditures, or a significant reduction in a center's grant amount.''. SEC. 5. FUNDING FOR NATIONAL HEALTH SERVICE CORPS. Section 338H(a) of the Public Health Service Act (42 U.S.C. 254q(a)) is amended to read as follows: ``(a) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, the following: ``(1) For fiscal year 2010, $320,461,632. ``(2) For fiscal year 2011, $414,095,394. ``(3) For fiscal year 2012, $535,087,442. ``(4) For fiscal year 2013, $691,431,432. ``(5) For fiscal year 2014, $893,456,433. ``(6) For fiscal year 2015, $1,154,510,336. ``(7) For fiscal year 2016, and each subsequent fiscal year, the amount appropriated for the preceding fiscal year adjusted by the product of-- ``(A) one plus the average percentage increase in the costs of health professions education during the prior fiscal year; and ``(B) one plus the average percentage change in the number of individuals residing in health professions shortage areas designated under section 333 during the prior fiscal year, relative to the number of individuals residing in such areas during the previous fiscal year.''.", "summary": "Access for All America Act - Amends the Public Health Service Act to: (1) increase and extend the authorization of appropriations for community health centers and for the National Health Service Corps scholarship and loan repayment program for FY2010-FY2015, and provide for increased funding for such programs in FY2016 and each subsequent fiscal year; and (2) revise and expand provisions allowing a community health center to provide services at different locations, adjust its operating plan and budget, enter into arrangements with other centers to purchase supplies and services at reduced cost, and correct material failures in grant compliance."}
{"article": "short title Sec. 101. This Act may be cited as the ``Great Lakes Federal Effectiveness Act''. great lakes research council Sec. 102. (a) Establishment of Council.--There is established a Great Lakes Research Council. (b) Duties of Council.--The Council shall-- (1) advise and promote the coordination of Federal research activities to avoid unnecessary duplication and ensure greater effectiveness in achieving ecosystem protection of the Great Lakes through the goals of the Great Lakes Water Quality Agreement; (2) no later than one year after the date of enactment of this Act, prepare and provide to interested parties, a document which includes-- (A) an assessment of the research activities needed to fulfill the Great Lakes Water Quality Agreement goals; (B) an assessment of existing Federal expertise and capabilities in those activities needed to fulfill the Great Lakes Water Quality Agreement goals, including an inventory of existing Federal Great Lakes research programs, projects, facilities, and personnel; and (C) recommendations for long-term and short-term priorities for Federal research on the Great Lakes, based on a comparison of the assessment conducted under subparagraph (A) and existing programs; (3) identify topics for and participate in meetings, workshops, symposia, and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise and cooperate in the establishment of a comprehensive, multi-media data base for the Great Lakes ecosystem; and (6) ensure that the results, findings, and information regarding Great Lakes research programs conducted or sponsored by the Federal Government be disseminated in a timely manner, and in useful forms, to interested persons, using as much as possible existing mechanisms, such as the Great Lakes Research Inventory prepared by the International Joint Commission. (c) Membership.--(1) The Council shall be comprised of one research manager with extensive knowledge, scientific expertise, and experience in the Great Lakes ecosystem for each of the following agencies-- (A) the Environmental Protection Agency; (B) the National Oceanic and Atmospheric Administration; (C) the United States Coast Guard; (D) the United States Fish and Wildlife Service; and (E) any other relevant Federal department, agency or instrumentality, as determined by the Council membership. (2) Other persons who are not Federal employees may serve as ex officio members of the Council, at the request of the Council membership. (d) Chairperson.--The Chairperson of the Council shall be elected by the members and shall serve for a period of two years. No member of the Council may serve as Chairperson for more than two consecutive terms. (e) Compensation.--While performing official duties as members of the Council, members of the Council are entitled to receive compensation for travel and transportation expenses under section 5703 of title 5, United States Code. (f) Interagency Cooperation.--The head of each department, agency, or other instrumentality of the Federal Government which is a member of the Council-- (1) shall cooperate with the Council to implement the recommendations developed under subsection (b); (2) may, upon written request of the Chairperson of the Council, make available, on a reimbursable basis or otherwise, personnel, services, or facilities as may be necessary to assist the Council in achieving the purposes of this Act; and (3) shall, upon written request from the Chairperson, furnish data or information necessary to achieve the purposes of this Act. international cooperation Sec. 103. (a) International Joint Commission.--The Council shall invite the International Joint Commission to serve as Secretariat and principal coordinating body for the Council. (b) Funding.--Agencies represented on the Council may reimburse costs associated with activities authorized under this Act conducted by the International Joint Commission. effect on other laws Sec. 104. Nothing in this Act shall be construed to amend, restrict, or otherwise alter the authority of any Federal department, agency, or instrumentality, under any law, to undertake Great Lakes research activities. definitions Sec. 105. In this Act-- (1) ``Council'' means the Great Lakes Research Council established under section 102 of this Act. (2) ``Great Lakes'' means-- (A) Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, and Lake Superior; (B) their connecting waters, including the St. Marys River; the St. Clair River, Lake St. Clair, the Detroit River, and the Niagara River; and (C) the St. Lawrence River. (3) ``Great Lakes research'' means the application of scientific and/or engineering expertise to explain, understand, and predict physical, chemical, biological, and socioeconomic processes, and their interaction, in the Great Lakes ecosystem. (4) ``Great Lakes Water Quality Agreement'' means the bilateral agreement between the United States and Canada which was signed in 1978 and amended by the Protocol of 1987.", "summary": "Great Lakes Federal Effectiveness Act - Establishes a Great Lakes Research Council to: (1) advise and promote the coordination of Federal research activities to avoid unnecessary duplication and ensure greater effectiveness in achieving ecosystem protection of the Great Lakes through the Great Lakes Water Quality Agreement; (2) prepare and provide to interested parties a document which includes an assessment of research activities needed to fulfill the goals of the Agreement and of existing Federal expertise in such activities and recommendations for research priorities; (3) identify topics for and participate in workshops and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise and cooperate in the establishment of a multi-media data base for such ecosystem; and (6) ensure that findings and information regarding such research are disseminated in a timely manner."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Summer Relief for Motorists Act of 2006''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the States, with an average gas tax of 20.8 cents per gallon, also possess the ability to provide significant immediate relief to motorists by temporarily suspending their own motor fuel excise taxes. While Congress believes such action is appropriate, Congress also believes that the States should find offsets for such temporary motor fuel excise tax suspensions in order to maintain their commitment to transportation infrastructure investment. SEC. 3. SUSPENSION OF HIGHWAY FUEL TAXES. (a) Suspension of Highway Fuel Taxes on Gasoline, Diesel Fuel, and Kerosene.-- (1) In general.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Suspension of Taxes on Gasoline, Diesel Fuel, and Kerosene.-- ``(1) In general.--During the suspension period, each rate of tax referred to in paragraph (2) shall be reduced to zero cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) clauses (i) and (iii) of subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), determined after application of subsection (a)(2)(B) and without regard to subsection (a)(2)(C), and ``(B) paragraph (1) of section 4041(a) (relating to diesel fuel and kerosene) with respect to fuel sold for use or used in a diesel-powered highway vehicle. ``(3) Suspension period.--For purposes of this subsection, the term `suspension period' means the period beginning on May 29, 2006 (or, if later, the date of the enactment of this subsection) and ending on September 4, 2006. ``(4) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 and to the Leaking Underground Storage Tank Trust Fund under section 9508, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section or section 4041.''. (2) Effective date.--The amendment made by this subsection shall take effect on the date of the enactment of this Act. (b) Floor Stock Refunds.-- (1) In general.--If-- (A) before the tax suspension date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (B) on such date such fuel is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date. (2) Time for filing claims.--No credit or refund shall be allowed or made under this subsection unless-- (A) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date based on a request submitted to the taxpayer before the date which is 3 months after the tax suspension date by the dealer who held the highway motor fuel on such date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (3) Exception for fuel held in retail stocks.--No credit or refund shall be allowed under this subsection with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (4) Definitions.--For purposes of this subsection-- (A) Tax suspension date.--The term ``tax suspension date'' means the first day of the suspension period in effect under section 4081(f) of the Internal Revenue Code of 1986 (as added by subsection (a) of this section). (B) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given such term for purposes of subsection (c). (C) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (5) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. (c) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel. (2) Liability for tax and method of payment.-- (A) Liability for tax.--The person holding highway motor fuel on the tax restoration date to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the 45th day after the tax restoration date. (3) Definitions.--For purposes of this subsection-- (A) Tax restoration date.--The term ``tax restoration date'' means the first day after the suspension period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (B) Highway motor fuel.--The term ``highway motor fuel'' means any liquid on which tax would have been imposed under section 4081 of the Internal Revenue Code of 1986 during the suspension period in effect under section 4081(f) of such Code but for the amendments made by subsection (a). (C) Held by a person.--A highway motor fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (D) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use. (5) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4). (C) Controlled groups.--For purposes of this subsection-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (6) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section. SEC. 4. SUSPENSION OF ROYALTY RELIEF. (a) New Leases.-- (1) Requirement.--The Secretary of the Interior (referred to in this title as the ``Secretary'') shall suspend the application of any provision of Federal law under which a person would otherwise be provided relief from a requirement to pay a royalty for the production of oil or natural gas from Federal land (including submerged land) occurring on or after the date of enactment of this Act during a period in which-- (A) for the production of oil, the average price of crude oil in the United States during the 4-week period immediately preceding the suspension is greater than $35.86 per barrel; and (B) for the production of natural gas, the average wellhead price of natural gas in the United States during the 4-week period immediately preceding the suspension is greater than $4.48 per 1,000 cubic feet. (2) Determination of average prices.--For purposes of paragraph (1), the Secretary shall determine average prices, taking into consideration the most recent data reported by the Energy Information Administration. (b) Renegotiation of Existing Leases.-- (1) Requirement.--The Secretary shall, to the maximum extent practicable, renegotiate each lease authorizing production of oil or natural gas on Federal land (including submerged land) issued by the Secretary before the date of the enactment of this Act as the Secretary determines to be necessary to modify the terms of the lease to ensure that a suspension of a requirement to pay royalties under the lease does not apply to production described in subsection (a)(1). (2) Failure to renegotiate and modify.-- (A) In general.--Beginning on the date that is 1 year after the date of enactment of this Act, a lessee that does not renegotiate a lease described in paragraph (1) in accordance with that paragraph shall not be eligible to enter into a new lease authorizing production of oil or natural gas on Federal land (including submerged land). (B) Transfers.--A lessee shall not be eligible to obtain by sale or other transfer any lease described in paragraph (1) issued before the date of enactment of this Act, unless the lessee-- (i) renegotiates the lease; and (ii) enters into an agreement with the Secretary to modify the terms of the lease in accordance with paragraph (1).", "summary": "Summer Relief for Motorists Act of 2006 - Expresses the sense of Congress that states can assist motorists by temporarily suspending state gasoline taxes without jeopardizing their commitment to transportation infrastructure investment. Amends the Internal Revenue Code to suspend excise taxes on gasoline, diesel fuel, and kerosene from the enactment of this Act until September 4, 2006 (suspension period). Provides for reimbursement to the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund for tax revenues lost during the suspension period. Requires the Secretary of the Interior to suspend the application of any federal law exempting crude oil and natural gas producers from the payment of royalties for production activities on federal lands during periods when the average price of crude oil exceeds $35.86 per barrel and the average wellhead price of natural gas exceeds $4.48 per 1,000 cubic feet."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Meeting Our Responsibility to Medicare Beneficiaries Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ELIMINATING SPECIAL INTEREST PREFERENCES Sec. 101. Negotiating fair prices for medicare prescription drugs. Sec. 102. Elimination of MA Regional Plan Stabilization Fund (Slush Fund). Sec. 103. Application of risk adjustment reflecting characteristics for the entire medicare population in payments to Medicare Advantage organizations. TITLE II--IMPROVING THE MEDICARE PROGRAM FOR BENEFICIARIES Sec. 201. Eliminating coverage gap. Sec. 202. Requiring two prescription drug plans to avoid Federal fallback. Sec. 203. Waiver of part D late enrollment penalty for transition period. Sec. 204. Improving the transition of full-benefit dual eligible individuals to coverage under the medicare drug benefit. Sec. 205. Part B premium reduction. Sec. 206. Study and report on providing incentives to preserve retiree coverage. Sec. 207. Promoting transparency in employer subsidy payments. TITLE I--ELIMINATING SPECIAL INTEREST PREFERENCES SEC. 101. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS. (a) In General.--Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended by striking subsection (i) (relating to noninterference) and by inserting the following new subsection: ``(i) Authority To Negotiate Prices With Manufacturers.-- ``(1) In general.--The Secretary shall have authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part. ``(2) Required use of authority.-- ``(A) Fallback plans.--The Secretary shall exercise the authority described in paragraph (1) with respect to covered part D drugs offered under each fallback prescription drug plan under subsection (g). ``(B) PDPs and ma-pd plans.--In order to ensure that beneficiaries enrolled under prescription drug plans and MA-PD plans and taxpayers are getting fair and affordable prices for covered part D drugs that reflect the bulk purchasing power of such enrollees, the Secretary shall exercise the authority described in paragraph (1) with respect to such drugs offered under all such plans if the Secretary determines that the negotiated prices available under such plans for such drugs are not fair and affordable prices compared to the prices obtained by other Federal government programs for such drugs.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071). SEC. 102. ELIMINATION OF MA REGIONAL PLAN STABILIZATION FUND (SLUSH FUND). (a) In General.--Subsection (e) of section 1858 of the Social Security Act (42 U.S.C. 1395w-27a) is repealed. (b) Conforming Amendment.--Section 1858(f)(1) of the Social Security Act (42 U.S.C. 1395w-27a(f)(1)) is amended by striking ``subject to subsection (e),''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 221(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2181). SEC. 103. APPLICATION OF RISK ADJUSTMENT REFLECTING CHARACTERISTICS FOR THE ENTIRE MEDICARE POPULATION IN PAYMENTS TO MEDICARE ADVANTAGE ORGANIZATIONS. Effective January 1, 2006, in applying risk adjustment factors to payments to organizations under section 1853 of the Social Security Act (42 U.S.C. 1395w-23), the Secretary of Health and Human Services shall ensure that payments to such organizations are adjusted based on such factors to ensure that the health status of the enrollee is reflected in such adjusted payments, including adjusting for the difference between the health status of the enrollee and individuals enrolled under the original medicare fee-for-service program under parts A and B of title XVIII of such Act. Payments to such organizations must, in aggregate, reflect such differences. TITLE II--IMPROVING THE MEDICARE PROGRAM FOR BENEFICIARIES SEC. 201. ELIMINATING COVERAGE GAP. (a) In General.--Section 1860D-2(b)(4)(B) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)(B)) is amended to read as follows: ``(B) Annual out-of-pocket threshold.--For purposes of this part, the `annual out-of-pocket threshold' specified in this subparagraph for a year is equal to the greater of-- ``(i) $3,600; or ``(ii) the initial coverage limit for the year specified in paragraph (3).''. (b) Conforming Amendment.--Section 1860D-22(a)(3)(B)(ii) of the Social Security Act (42 U.S.C. 1395w-132(b)(4)(B)(ii)) is amended by striking ``and the annual out-of-pocket threshold, respectively, are annually adjusted under paragraphs (1) and (4)(B) of section 1860D- 2(b)'' and inserting ``is annually adjusted under paragraph (1) of section 1860D-2(b) (using the percentage increase specified in paragraph (6) of such section)''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071). SEC. 202. REQUIRING TWO PRESCRIPTION DRUG PLANS TO AVOID FEDERAL FALLBACK. (a) In General.--Section 1860D-3(a) of the Social Security Act (42 U.S.C. 1395w-103(a)) is amended-- (1) in paragraph (1)-- (A) by striking ``qualifying plans (as defined in paragraph (3))'' and inserting ``prescription drug plans''; and (B) by striking ``, at least one of which is a prescription drug plan''; (2) in paragraph (2), by striking ``qualifying plans'' and inserting ``prescription drug plans''; and (3) by striking paragraph (3). (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071). SEC. 203. WAIVER OF PART D LATE ENROLLMENT PENALTY FOR TRANSITION PERIOD. (a) In General.--Section 1860D-13(b) of the Social Security Act (42 U.S.C. 1895w-113(b)) is amended by adding at the end the following new paragraph: ``(8) Waiver of penalty for months prior to 2008.--A part D eligible individual who enrolls for the first time in a prescription drug plan or an MA-PD plan under this part prior to January 1, 2008, shall not be subject an increase in the monthly beneficiary premium established under subsection (a) with respect to months occurring prior to such date.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (117 Stat. 2071). SEC. 204. IMPROVING THE TRANSITION OF FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS TO COVERAGE UNDER THE MEDICARE DRUG BENEFIT. (a) In General.--Notwithstanding subsection (d)(1) of section 1935 of the Social Security Act (42 U.S.C. 1396u-5), beginning on January 1, 2006, the Secretary of Health and Human Services shall administer a 12- month period during which full-benefit dual eligible individuals (as defined in section 1935(c)(6) of the Social Security Act) shall gradually transition from receiving medical assistance for prescribed drugs under the medicaid program under title XIX of such Act to obtaining coverage of covered part D drugs (as defined in section 1860D-2(e) (42 U.S.C. 1395w-102(e)) under title XVIII of such Act in order to assure that such individuals continue to receive the outpatient prescription drugs they need. (b) Adjustments to Phased-Down State Contribution.--The Secretary of Health and Human Services shall make appropriate adjustments to the amount of payments required to be made by a State or the District of Columbia under section 1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c)) for months occurring during the period described in subsection (a) in order to account for increased costs for the provision of medical assistance incurred by the State or the District of Columbia by reason of the application of the transition period required under this section. SEC. 205. PART B PREMIUM REDUCTION. Section 1839(a) of the Social Security Act (42 U.S.C. 1395r(a)) is amended-- (1) in paragraph (3), in the first sentence, by striking ``The Secretary'' and inserting ``Subject to paragraph (5), the Secretary''; and (2) by adding at the end the following new paragraph: ``(5) For each year (beginning with 2006), the Secretary shall reduce the monthly premium rate determined under paragraph (3) for each month in the year for each individual enrolled under this part (including such an individual subject to an increased premium under subsection (b) or (i)) so that the aggregate amount of such reductions in the year is equal to the aggregate amount of reduced expenditures from the Federal Supplementary Medicare Insurance Trust Fund in the year that the Secretary estimates will result from the provisions of section 103 of the Meeting Our Responsibility to Medicare Beneficiaries Act of 2005.''. SEC. 206. STUDY AND REPORT ON PROVIDING INCENTIVES TO PRESERVE RETIREE COVERAGE. (a) Study.--The Secretary of Health and Human Services shall conduct a study to determine what additional incentives should be provided to employers in order for such employers to continue to provide retirees with prescription drug coverage. Such study shall include an assessment of permitting costs incurred by an employer for covered part D drugs on behalf of a retiree to be treated as incurred costs for purposes of reaching the annual out-of-pocket threshold under section 1860D-2(b)(4) of the Social Security Act (42 U.S.C. 1395w- 102(b)(4)). (b) Report.--Not later than January 1, 2006, the Secretary of Health and Human Services shall submit to Congress a report on the study under subsection (a) together with such recommendations for legislation as the Secretary deems appropriate. SEC. 207. PROMOTING TRANSPARENCY IN EMPLOYER SUBSIDY PAYMENTS. (a) In General.--Section 1860D-22(a) of the Social Security Act (42 U.S.C. 1895w-132(a)) is amended by adding at the end the following new paragraph: ``(7) Disclosure of certain information.--The Secretary shall make the following information regarding the sponsor of a qualified prescription drug plan receiving a subsidy under this section available to the public through the Internet website of the Centers for Medicare & Medicaid Services and other appropriate means: ``(A) The information used by the Secretary to ensure that the prescription drug coverage offered under the plan meets the requirements for subsidy payments under this section. ``(B) The total amount of the subsidy payments made to the sponsor under this section.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071).", "summary": "Meeting Our Responsibility to Medicare Beneficiaries Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to: (1) negotiating fair prices for Medicare prescription drugs; (2) elimination of the MA Regional Plan Stabilization Fund; (3) application of risk adjustment reflecting characteristics for the entire Medicare population in payments to Medicare advantage organizations; (4) modification of the annual out-of-pocket threshold with respect to prescription drug benefits; (5) requiring two prescription drug plans to avoid Federal fallback; (6) waiver of the part D (Voluntary Prescription Drug Benefit Program); (7) transition of full-benefit dual eligible individuals to coverage under the Medicare drug benefit; and (8) Medicare part B (Supplementary Medical Insurance) premium reduction. Directs the Secretary to study and report to Congress on providing incentives to preserve retiree coverage. Amends SSA title XVIII to direct the Secretary to make certain information regarding the sponsor of a qualified prescription drug plan receiving a subsidy under the prescription drug program available to the public through the Internet website of the Centers for Medicare & Medicaid Services."}
{"article": "SECTION 1. ALLOWANCE OF DEDUCTION. (a) Deduction for Political Contributions.-- (1) General rule.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 217 the following: ``SEC. 218. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction any political contribution payment of which is made by such individual within the taxable year. ``(b) Limitations.-- ``(1) Amount.--The deduction under subsection (a) shall not exceed $100 ($200) in the case of a joint return under section 6013). ``(2) Verification.--The deduction under subsection (a) shall be allowed, with respect to any political contribution, only if such contribution is verified in such manner as the Secretary shall prescribe by regulations. ``(c) Definitions.--For purposes of this section, the term-- ``(1) `candidate' means, with respect to any Federal, State, or local elective public office, an individual who ``(A) publicly announces before the close of the calendar year following the calendar year in which the contribution or gift is made that he is a candidate for nomination or election to such office; and ``(B) meets the qualifications prescribed by law to hold such office. ``(2) `local' means a political subdivision or part thereof, or 2 or more political subdivisions or parts thereof, of a State; ``(3) `national political party' means-- ``(A) in the case of contributions made during a taxable year of the taxpayer in which the electors of President and Vice President are chosen, a political party presenting candidates or electors for such offices on the official election ballot of 10 or more States, or ``(B) in the case of contributions made during any other taxable year of the taxpayer, a political party which met the qualifications described in subparagraph (A) in the last preceding election of a President and Vice President; ``(4) `political contribution' means a contribution or gift of money to-- ``(A) an individual who is a candidate for nomination or election to any Federal, State, or local elective office in any primary, general, or special election, for use by such individual to further his candidacy for nomination or election to such office; ``(B) any committee, association, or organization (whether or not incorporated) organized and operated exclusively for the purpose of influencing, or attempting to influence, the nomination or election of one or more individuals who are candidates for nomination or election to any Federal, State, or local elective public office, for use by such committee, association, or organization to further the candidacy of such individual or individuals for nomination or election to such office; ``(C) the national committee of a national political party; ``(D) the State committee of a national political party as designated by the national committee of such party; or ``(E) a local committee or a national political party as designated by the State committee of such party designated under subparagraph (D); and ``(5) `State' means the various States and the District of Columbia. ``(d) Cross Reference.-- ``For disallowance of deduction to estates and trusts, see section 642(j).'' (2) Conforming amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 217 the following: ``Sec. 218. Contribution to candidates for public office.'' (b) Disallowance of Deduction to Estates and Trusts.--Section 642 of such Code is amended by adding at the end the following: ``(j) Political Contributions.--An estate or trust shall not be allowed the deduction for contributions to candidates for public office provided by section 218.'' SEC. 2. EFFECTIVE DATE. The amendments made by section 1 shall apply to taxable years beginning after December 31, 1993.", "summary": "Amends the Internal Revenue Code to allow individuals a tax deduction of up to $100 ($200 in the case of a joint return) for political contributions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cuba Sanctions Reform Act of 2004''. SEC. 2. DURATION OF SANCTIONS RELATED TO CUBA. (a) Continuation of Sanctions.-- (1) Expiration.--Notwithstanding any other provision of law, the restrictions described in section 3(a) shall, with respect to Cuba, expire 1 year from the date of enactment of this Act unless renewed pursuant to paragraph (2) and subsection (b). (2) Resolution by congress.--The restrictions contained in section 3(a) may be renewed annually for a 1-year period if, prior to the anniversary of the date of enactment of this Act, and each year thereafter, a renewal resolution is enacted into law in accordance with subsection (b). (b) Renewal Resolutions.-- (1) In general.--For purposes of this section, the term ``renewal resolution'' means a joint resolution of the two Houses of Congress, the sole matter after the resolving clause of which is as follows: ``That Congress approves the renewal of the restrictions contained in section 3(a) of the Cuba Sanctions Reform Act of 2004.''. (2) Procedures.-- (A) In general.--A renewal resolution-- (i) may be introduced in either House of Congress by any member of such House at any time within the 90-day period before the expiration of the restrictions described in section 3(a); and (ii) the provisions of subparagraph (B) shall apply. (B) Expedited consideration.--The provisions of section 152 (b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal resolution under this Act as if such resolution were a resolution described in section 152(a) of the Trade Act of 1974. SEC. 3. PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Provisions Subject to Renewal.--The restrictions described in this subsection that are subject to renewal as described in section 2 are as follows: (1) The prohibition or termination of assistance contained in section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)). (2) The authorities conferred upon the President by section 5(b) of the Trading with the enemy Act (50 U.S.C. App. 5(b)), which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the date of enactment of this Act. (3) Any prohibition on exports to Cuba that is in effect on the day before the date of enactment of this Act under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.). (4) The sanctions contained in section 1704 and section 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003 and 6005). (5) The sanctions contained in the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.). (6) The prohibitions relating to Cuba contained in sections 908, 909, and 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of Public Law 106-387; 22 U.S.C. 7207, 7208, and 7209). (7) Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries). (8) The prohibition relating to sugar imports established under section 902(c) of the Food Security Act of 1985 (7 U.S.C. 1446g note; Public Law 99-198). (9) The restrictions on common carriers, as defined in section 3(10) of the Communications Act of 1934 (47 U.S.C. 153(10)), related to Cuba, including restrictions regarding the installation, maintenance, repair, and upgrading of telecommunications equipment and facilities, and the provision of telecommunications services between the United States and Cuba. (b) Authority for New Restrictions.--The President may, on or after the date of enactment of this Act-- (1) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979; and (2) exercise the authority of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat to the national security, foreign policy, or economy of the United States, that did not exist before the date of enactment of this Act. SEC. 4. TRAVEL. (a) In General.--Restrictions related to travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, that may be regulated or prohibited shall be subject to expiration, and renewal by joint resolution of the two Houses of Congress, as described in section 2. (b) Transactions Incident to Travel.--For purposes of subsection (a), the term ``any transactions ordinarily incident to travel'' includes-- (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to such travel. SEC. 5. ANNUAL REMITTANCES. (a) In General.--Except as provided in subsection (b), any limit the Secretary of the Treasury may place on the amount of remittances to Cuba made by any person who is subject to the jurisdiction of the United States, shall be subject to expiration, and renewal by joint resolution of the two Houses of Congress, as described in section 2. (b) Statutory Construction.--Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments) or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity).", "summary": "Cuba Sanctions Reform Act of 2004 - Provides for the expiration of certain trade and travel restrictions with respect to Cuba unless such restrictions are renewed annually by a specified renewal resolution of the two Houses of Congress. Authorizes the President with respect to Cuba to: (1) impose certain export controls; and (2) exercise certain emergency economic powers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fox-Wisconsin Heritage Parkway National Heritage Area Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Fox-Wisconsin Heritage Parkway National Heritage Area established by section 3(a). (2) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the Heritage Area designated by section 3(d). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area required under section 5(a). (4) Map.--The term ``map'' means the map included under section 5(b)(3)(H). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Wisconsin. SEC. 3. FOX-WISCONSIN HERITAGE PARKWAY NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Fox- Wisconsin Heritage Parkway National Heritage Area. (b) Boundaries.-- (1) In general.--The Heritage Area shall include-- (A) the area included in Appendix A, Map 1 of the feasibility study submitted by the local coordinating entity, which includes approximately 1,444 square miles of land in 15 counties in central and southeastern Wisconsin, including Brown, Calumet, Columbia, Crawford, Dane, Fond du Lac, Grant, Green Lake, Iowa, Marquette, Outagamie, Richland, Sauk, Waushara, and Winnebago counties; and (B) any contributing sites, buildings, and districts within the area described in subparagraph (A) that are recommended for inclusion in the Heritage Area by the management plan. (2) Revisions.--The boundaries of the Heritage Area may be revised if the revisions are-- (A) proposed in the management plan developed for the Heritage Area; (B) depicted on the map; and (C) approved by the Secretary in accordance with this Act. (c) Map.--The map shall be available for public inspection in the appropriate offices of-- (1) the National Park Service; and (2) the local coordinating entity. (d) Local Coordinating Entity.--The local coordinating entity for the Heritage Area shall be the Fox-Wisconsin Heritage Parkway, a nonprofit organization established in the State. SEC. 4. ADMINISTRATION. (a) Authorities.--To carry out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this Act-- (1) to make grants to the State (including any political subdivision of the State), nonprofit organizations, and other individuals; (2) to enter into cooperative agreements with, or provide technical assistance to, the State (including any political subdivision of the State), nonprofit organizations, and other interested parties; (3) to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resource protection, and heritage programming; (4) to obtain funds or services from any source, including funds or services that are provided under any other Federal law or program; (5) to enter into contracts for goods or services; and (6) to serve as a catalyst for any other activity that-- (A) furthers the purposes and goals of the Heritage Area; and (B) is consistent with the approved management plan. (b) Duties.--The local coordinating entity shall-- (1) in accordance with section 5, prepare and submit to the Secretary a management plan for the Heritage Area; (2) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values located in the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, the natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest, are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5) for any year for which Federal funds have been received under this Act-- (A) submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made); (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (6) encourage by appropriate means economic viability that is consistent with the Heritage Area. (c) Prohibition on the Acquisition of Real Property.--The local coordinating entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area; (2) take into consideration State and local plans; (3) include-- (A) an inventory of the resources located in the Heritage Area; (B) comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Area; (C) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area; (D) a program of implementation for the management plan by the local coordinating entity that includes a description of-- (i) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; (G) an interpretive plan for the Heritage Area; and (H) a map of the Heritage Area; and (4) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area. (c) Deadline.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary approves a management plan. (d) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Criteria for approval.--In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area. (3) Action following disapproval.--If the Secretary disapproves the management plan under paragraph (1), the Secretary shall-- (A) advise the local coordinating entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the date of receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision. (4) Amendments.-- (A) In general.--The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines would make a substantial change to the management plan. (B) Use of funds.--The local coordinating entity shall not use Federal funds authorized to be appropriated by this Act to carry out any amendments to the management plan until the Secretary has approved the amendments. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law (including regulations). (b) Consultation and Coordination.--To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law (including any regulation) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any public or private property owner, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner-- (A) to permit public access (including access by Federal, State, tribal, or local agencies) to the property of the property owner; or (B) to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency; (4) conveys any land use or other regulatory authority to the local coordinating entity; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (7) creates any liability, or affects any liability under any other law (including regulations), of any private property owner with respect to any individual injured on the private property. SEC. 8. EVALUATION; REPORT. (a) In General.--Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area to identify the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Required analysis.--If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 9. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b) Availability.--Amounts made available under subsection (a) shall remain available until expended. (c) Cost-Sharing Requirement.-- (1) In general.--The Federal share of the cost of any activity carried out using any assistance made available under this Act shall be not more than 50 percent. (2) Non-federal share.--The non-Federal share-- (A) shall be from non-Federal sources; and (B) may be in the form of in-kind contributions of goods or services fairly valued. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.", "summary": "Fox-Wisconsin Heritage Parkway National Heritage Area Act of 2010 - Establishes the Fox-Wisconsin Heritage Parkway National Heritage Area in Wisconsin. Designates the Fox-Wisconsin Heritage Parkway as the local coordinating entity for the Heritage Area. Requires the Fox-Wisconsin Heritage Parkway to prepare and submit a management plan for the Heritage Area. Sets forth requirements for the approval or disapproval of the management plan."}
{"article": "SECTION 1. SMALL EMPLOYER BENEFIT ARRANGEMENTS. (a) Amendments to IRC.-- (1) In general.--Section 414 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(y) Small Employer Benefit Arrangements.-- ``(1) Treatment as employer.-- ``(A) Retirement, accident, and health insurance.-- A small employer benefit arrangement meeting the requirements of this subsection shall be treated as an `employer' for the purpose of providing qualified retirement and accident and health plans (including a plan qualified under section 105(h) or section 125) or group-term life insurance under section 79. ``(B) Allocation of income.--Notwithstanding subparagraph (A), the shareholder-members of the small employer benefit arrangement shall be treated as employers for purposes of administering and allocating items of income, credits, deductions, or exclusions associated with the provision of employee benefits. ``(2) Certain organizations prohibited.-- ``(A) In general.--An organization shall not be treated as a small employer benefit arrangement if the small employer benefit arrangement or any related entity is owned, in whole or in part, or managed or controlled in whole or in part, by any management agreement or certificates of indebtedness, directly or indirectly, or by an agents, brokers or providers of a-- ``(i) health, life, or disability insurer; ``(ii) retirement plan service provider (including persons who provide plan design, administration, and investment advice services to retirement plans); ``(iii) claim administrators; and ``(iv) investment advisors. ``(B) Ordinary provision of products and services.--Nothing in this paragraph shall be construed-- ``(i) to prohibit a small employer benefit arrangement from contracting for the ordinary provision of products and services from any persons or organizations that might otherwise be prohibited from having an ownership or management interest in a small employer benefit arrangement, or ``(ii) to prohibit small employer benefit arrangements from creating, by and between themselves, service organizations owned and controlled exclusively by small employer benefit arrangements to provide for such products and services in the fulfillment of their purposes. ``(3) Definition.--The term `small employer benefit arrangement' means a member owned, democratically controlled cooperative organization that-- ``(A) meets the requirements of subchapter T; ``(B) has at least 21 shareholders of whom 90 percent are in the same or similar line of business; ``(C) sponsors an accident and health plan for shareholder-members and any employees of shareholder- members; ``(D) sponsors a qualified retirement plan that meets the requirements of paragraph (12) or (13) of section 401(k) and is available to shareholder-members and any employees of shareholder-members; ``(E) provides employee benefits pursuant to a written agreement; and ``(F) requires all benefit eligible employees of a shareholder-member to participate according to the same statutory eligibility criteria normally accorded such persons.''. (2) Effective date.--The amendments made by this subsection shall apply with respect to plan years beginning on or after the date of the enactment of this Act. (b) Amendments to ERISA.-- (1) Treatment as employer.--Section 3 of the Employee Retirement and Income Security Act (29 U.S.C. 1002) is amended-- (A) in paragraph (5), by inserting ``or a small employer benefit arrangement'' after ``a group or association of employers''; and (B) by adding at the end the following new paragraph: ``(43) The term `small employer benefit arrangement' means a member owned, democratically controlled cooperative organization that-- ``(A) meets the requirements of subchapter T of chapter 1 of the Internal Revenue Code of 1986; ``(B) has at least 21 shareholders of whom 90 percent are in the same or similar line of business; ``(C) sponsors an accident and health plan for shareholder- members and any employees of shareholder-members; ``(D) sponsors a qualified retirement plan that meets the requirements of paragraph (12) or (13) of section 401(k) of the Internal Revenue Code of 1986 and is available to shareholder- members and any employees of shareholder-members; ``(E) provides employee benefits pursuant to a written agreement; and ``(F) requires all benefit eligible employees of a shareholder-member to participate according to the same statutory eligibility criteria normally accorded such persons.''. (2) Self-insurance prohibited.--Section 609 of such Act (29 U.S.C. 1169) is amended-- (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following new subsection: ``(e) Small Employer Benefit Arrangements.-- ``(1) Self-insurance prohibited.--Any group health plan established or maintained by a small employer benefit arrangement shall be fully insured. ``(2) Fully insured defined.--A group health plan established or maintained by a small employer benefit arrangement shall be considered fully insured only if the terms of the arrangement provide for benefits the amount of all of which the Secretary determines are guaranteed under a contract, or policy of insurance, issued by an insurance company, insurance service, or insurance organization, qualified to conduct business in a State.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to plan years beginning on or after the date of the enactment of this Act. (c) Amendments to PPACA.-- (1) Small employer benefit arrangement defined.--Section 1304(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18024(b)) is amended by adding at the end the following new paragraph: ``(5) Small employer benefit arrangement.--The term `small employer benefit arrangement' has the meaning given such term in section 3(43) of the Employee Retirement and Income Security Act.''. (2) Qualified health plans.--Section 1301(a) of such Act (42 U.S.C. 18021(a)) is amended by adding at the end the following new paragraph: ``(5) Inclusion of small employer benefit arrangement plans.--Any reference in this title to a qualified health plan shall be deemed to include any group health plan established or maintained by a small employer benefit arrangement.''. (3) Eligibility to participate in american health benefit exchanges.--Section 1312(f)(2) of such Act (42 U.S.C. 18032(f)(2)) is amended by adding at the end the following new subparagraph: ``(C) Small employer benefit arrangements.--For purposes of subparagraph (A), a small employer benefit arrangement shall be treated as a small employer.''. (4) Effective date.--The amendments made to any provision by this subsection shall take effect as if included in the enactment of such provision.", "summary": "Amends the Internal Revenue Code, the Employee Retirement and Income Security Act (ERISA), and the Patient Protection and Affordable Care Act to treat certain small employer benefit arrangements (SEBAs) as employers for the purpose of providing qualified retirement and accident and health plans or group-term life insurance. Defines a SEBA as a member owned, democratically controlled cooperative organization that: (1) has at least 21 shareholders of whom 90% percent are in the same or similar line of business; (2) sponsors an accident and health plan for shareholder-members and any of their employees; (3) sponsors a qualified retirement plan meeting specified requirements and available to shareholder-members and their employees; (4) provides employee benefits pursuant to a written agreement; and (5) requires all benefit eligible employees of a shareholder-member to participate according to the same statutory eligibility criteria normally accorded them. Treats the shareholder-members of a SEBA as employers for purposes of administering and allocating items of income, credits, deductions, or exclusions associated with the provision of employee benefits. Prohibits treatment as a SEBA of any organization or related entity that is owned, in whole or in part, or managed or controlled in whole or in part, by any management agreement or certificates of indebtedness, directly or indirectly, or by: (1) any agents, brokers or providers of a health, life, or disability insurer; (2) a retirement plan service provider; (3) claim administrators; or (4) investment advisors. Requires any group health plan established or maintained by a SEBA to be fully insured (thus prohibiting self-insurance)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mexican Agricultural Trade Compliance Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Section 301 of the Trade Act of 1974 provides that, if the United States Trade Representative determines that the rights of the United States under any trade agreement are being denied, the Trade Representative shall take action to enforce such rights. (2) The Statement of Administrative Action accompanying the Uruguay Round Agreements Act provided that the United States Trade Representative would base any section 301 determination as to whether there has been a violation or denial of United States rights under the Uruguay Round Agreements on panel or Appellate Body findings adopted by the Dispute Settlement Body of the World Trade Organization. (3) In a panel report adopted by the Dispute Settlement Body on January 27, 2000, the Dispute Settlement Body determined that section 301 of the Trade Act of 1974 is not inconsistent with United States obligations under the Uruguay Round Agreements, particularly in light of the decision of the United States to use section 301 only after exhausting its rights under the Dispute Settlement Understanding. (4) On January 28, 2000, a panel of the World Trade Organization determined that Mexico's antidumping order on high fructose corn syrup imported from the United States violated Mexico's commitments under the Uruguay Round Agreements. (5) On February 24, 2000, the Dispute Settlement Body adopted the report of the panel. (6) On April 10, 2000, the United States and Mexico agreed to a September 22, 2000, deadline for Mexico to come into compliance with the panel report as adopted by the Dispute Settlement Body. (7) On September 20, 2000, just 2 days prior to the date Mexico had agreed to come into compliance with the panel report, Mexico issued a revised antidumping threat determination in an obvious attempt to evade its commitment to come into compliance with the panel report adopted by the Dispute Settlement Body. (8) On June 22, 2001, a panel, convened pursuant to Article 21.5 of the Dispute Settlement Understanding, found that Mexico's revised antidumping threat determination failed to bring Mexico into compliance with its commitments under the World Trade Organization. (9) On October 22, 2001, the Appellate Body affirmed the ruling of the Article 21.5 panel and recommended that Mexico come into compliance with its obligations under the World Trade Organization. (10) On November 21, 2001, the Dispute Settlement Body adopted the Appellate Body ruling that affirmed the findings of the Article 21.5 panel. (11) On January 1, 2002, in a transparent attempt to evade the determinations of the Dispute Settlement Body regarding Mexico's antidumping order on high fructose corn syrup, and in an affront to the rules-based system of the World Trade Organization, Mexico imposed a de facto discriminatory 20 percent tax on soft drinks containing high fructose corn syrup, the intent and effect of which is to continue Mexico's antidumping order on United States high fructose corn syrup by other means by restricting access to the Mexican market. (12) On April 20, 2002, with its discriminatory tax on soft drinks containing high fructose corn syrup now in place, and in a continuous event with the imposition of this tax, Mexico lifted its antidumping order on high fructose corn syrup. Importantly, Mexico lifted its antidumping order only after ensuring that imports of United States high fructose corn syrup would not enter the Mexican market due to the imposition of the tax on soft drinks. Mexico's lifting of its antidumping order enabled it to make the disingenuous claim that it had come into compliance with the findings adopted by the Dispute Settlement Body regarding Mexico's antidumping order. (13) The imposition of the tax on soft drinks and the lifting of the antidumping order by Mexico are related aspects of a unified effort by Mexico to deny the rights of the United States with respect to the trade of high fructose corn syrup. (14) The effects of the import restrictions of Mexico's antidumping order continue with even more egregious results through the imposition of a 20 percent tax on high fructose corn syrup. Imports of high fructose corn syrup from the United States dropped from 110,893 metric tons in 2001 (the year prior to the lifting of the antidumping order) to 4,868 metric tons in 2002 (the first year of the tax). (15) The United States has exhausted proceedings under the Dispute Settlement Understanding, and the Dispute Settlement Body has on more than 1 occasion adopted findings adverse to Mexico. SEC. 3. DEFINITIONS. In this Act: (1) Appellate body.--The term ``Appellate Body'' means the Appellate Body established under Article 17.1 of the Dispute Settlement Understanding. (2) Dispute settlement body.--The term ``Dispute Settlement Body'' has the meaning given that term in section 121(5) of the Uruguay Round Agreements Act (19 U.S.C. 3531(5)). (3) Dispute settlement panel; panel.--The terms ``dispute settlement panel'' and ``panel'' mean a panel established pursuant to Article 6 of the Dispute Settlement Understanding. (4) Dispute settlement understanding.--The term ``Dispute Settlement Understanding'' means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(16)). (5) GATT 1994.--The term ``GATT 1994'' has the meaning given such term in section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B). (6) Uruguay round agreements.--The term ``Uruguay Round Agreements'' has the meaning given such term in section 2(7) of the Uruguay Round Agreements Act (19 U.S.C. 3501(7). (7) World trade organization.--The term ``World Trade Organization'' means the organization established pursuant to the WTO Agreement. (8) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing The World Trade Organization entered into on April 15, 1994. SEC. 4. ENFORCEMENT OF UNITED STATES RIGHTS UNDER THE URUGUAY ROUND AGREEMENTS AND OTHER TRADE AGREEMENTS WITH RESPECT TO HIGH FRUCTOSE CORN SYRUP EXPORTED TO MEXICO. (a) Determination.--Congress determines that-- (1) the rights of the United States under the Uruguay Round Agreements are being denied by Mexico in connection with the imposition by Mexico of a 20 percent tax on soft drinks containing high fructose corn syrup, an extension by other means of Mexico's unjustified antidumping order on high fructose corn syrup from the United States; (2) the United States has exhausted proceedings under the Dispute Settlement Understanding; (3) Mexico's imposition of a tax on high fructose corn syrup, an extension by other means of its unjustified antidumping order on high fructose corn syrup from the United States-- (A) constitutes an act, policy, or practice by Mexico that is unjustifiable and burdens or restricts United States commerce for purposes of section 304(a)(1) of the Trade Act of 1974 (19 U.S.C. 2414(a)(1)); and (B) denies rights to which the United States is entitled under existing trade agreements with Mexico for purposes of such section 304; and (4) unless, a certification described in subsection (b) is submitted, the United States Trade Representative shall take appropriate action under subsection (c). (b) Certification.--The certification described in this subsection means a certification from the United States Trade Representative submitted to Congress not later than 30 days after the date of enactment of this Act that states that Mexico has eliminated its tax on soft drinks containing high fructose corn syrup and is taking satisfactory measures to preserve the rights of the United States under all applicable trade agreements with respect to high fructose corn syrup. (c) Action To Be Taken by USTR.--If a certification is not made under subsection (b), the United States Trade Representative, not later than 60 days after the date of enactment of this Act and after consultation with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, shall, pursuant to section 301(c)(1) (A) and (B) of the Trade Act of 1974 (19 U.S.C. 2411(c)(1) (A) and (B))-- (1) suspend, withdraw, or prevent the application of, benefits of trade agreement concessions to carry out a trade agreement with Mexico; or (2) impose duties or other import restrictions on the goods of Mexico, including agricultural products imported from Mexico, and notwithstanding any other provision of law, fees or restrictions on the services of, Mexico for such time as the Trade Representative determines appropriate.", "summary": "Mexican Agricultural Trade Compliance Act - Determines that U.S. rights under the Uruguay Round Agreements are being denied by Mexico in connection with Mexico's imposition of a 20 percent tax on soft drinks containing high fructose corn syrup, an extension of Mexico's unjustified antidumping order on high fructose corn syrup from the United States. Directs the U.S. Trade Representative, unless certifying to Congress within 30 days after the enactment of this Act that Mexico has eliminated such tax and is otherwise preserving all U.S. trade agreement rights with respect to high fructose corn syrup, to either: (1) suspend, withdraw, or prevent the application of benefits of trade agreement concessions to carry out a trade agreement with Mexico; or (2) impose duties or other import restrictions on the goods of Mexico, and fees or restrictions on the services of Mexico."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Broker Transparency and Accountability Act of 2007''. SEC. 2. MORTGAGE BROKER REQUIREMENTS. The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 129 the following new section: ``Sec. 129A. Duties of mortgage brokers ``(a) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Home mortgage loan.--The term `home mortgage loan' means any consumer credit transaction in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any real property located within the United States which is or, upon the completion of the transaction, will be used as the principal residence of the consumer. ``(2) Mortgage broker.--The term `mortgage broker' means any person who, for compensation or in anticipation of compensation, provides mortgage brokerage services with respect to home mortgage loans for which the person is not the creditor and includes any loan correspondents that provide such services. ``(3) Mortgage brokerage services.--The term `mortgage brokerage services' means any of the following services: ``(A) Arranging or negotiating, or attempting to arrange or negotiate, home mortgage loans or commitments for such loans. ``(B) Referring consumer applicants or prospective applicants for home mortgage loans to creditors. ``(C) Selecting or offering to select, on behalf of consumers, creditors to whom requests for an extension of a home mortgage loan may be made. ``(b) Mortgage Broker Responsibilities and Duties.-- ``(1) Agency by operation of law.--A mortgage broker who provides mortgage brokerage services to any consumer shall be deemed to have an agency relationship with the consumer for such purposes and the broker shall be subject to all requirements for agents of consumers that are applicable under State or Federal law in connection with providing such services. ``(2) Broker duties.--In providing any mortgage brokerage services to any consumer, the mortgage broker shall-- ``(A) act with reasonable skill, care, and diligence in providing any such services to the consumer and provide the consumer with a reasonable choice among available home mortgage loan products that meet the consumer's stated needs for mortgage financing; ``(B) disclose to a consumer the risks and benefits of each home mortgage loan product offered to the borrower, including any possibility of, and the possible extent of, a payment increase at the time of any resetting of rate, the extent of any prepayment penalties, balloon payments, and the consumer's responsibilities to pay taxes and insurance with respect to such product; ``(C) disclose to the consumer-- ``(i) all fees or other payments the mortgage broker may or will receive, if any, from a creditor in connection with each home mortgage loan product that is offered or disclosed to the consumer, directly or indirectly, in the course of providing such services; ``(ii) the amount of each such fee or payment; ``(iii) the rate used to determine the amount of any such fee; ``(iv) how the consumer may use the amount of such fees or payments to reduce settlement costs otherwise applicable to the consumer upon entering into consumer credit transaction involving such home mortgage loan product; and ``(v) all fees or other payments the mortgage broker may or will receive, if any, from the consumer in connection with each home mortgage loan product that is offered or disclosed to the consumer, directly or indirectly, in the course of providing such services; ``(D) meet all applicable licensing requirements under State or local law; and ``(E) obtain and permanently maintain a bond-- ``(i) for an amount equal to not less than 1 percent of the aggregate value of all direct and indirect fees received by the mortgage broker in connection with providing mortgage brokerage services in the calendar year preceding the date of the transaction; ``(ii) that inures, first, to the benefit of any consumer who has any claim against the mortgage broker under this title or any other applicable provision of law; and, second, to the benefit of creditors that deal with mortgage brokers in accordance with this title; and ``(iii) under which any assignee or subsequent transferee or trustee of a consumer or creditor remains a beneficiary of the bond. ``(3) Steering prohibited.--In connection with a home mortgage loan, a mortgage broker may not steer, counsel, or direct a consumer to a higher-cost mortgage as evidenced by higher rates, charges, principal amounts, or the inclusion of prepayment penalties or other terms than a lower-cost mortgage for which the consumer would otherwise qualify, considering the loan features requested by the consumer. ``(c) Statutory Obligation.--No requirement imposed on any mortgage broker under this section may be waived by any consumer or by the terms of any agreement executed between the mortgage broker and any consumer. ``(d) Enforcement.--For purposes of providing a cause of action for any failure to comply with any requirement imposed this section, section 130(a) shall be applied with respect to any such failure-- ``(1) by substituting `mortgage broker' for `creditor' each place such term appears in such section; and ``(2) by treating all points, fees, and costs incurred in the origination of any home mortgage loan as actual damages sustained by the consumer as a result of the failure.''. SEC. 3. DISCLOSURE OF AFFILIATIONS. The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 129A (as added by section 2 of this Act) the following new section: ``Sec. 129B. Disclosures in connection with all home mortgage loans ``Each creditor, mortgage broker (as defined in section 129A), or other person involved in making or obtaining a home mortgage loan (as defined in section 129A) to or for any consumer shall disclose to the consumer any financial or other business relationship the creditor, mortgage broker, or other person has with any person that may be involved in the transaction resulting in the home mortgage loan, including any real estate agent, any person providing title insurance, any person providing settlement services (as defined in section 3 of the Real Estate Settlement Procedures Act of 1974), or any person providing table-top financing (in the case of a loan correspondent) and information sufficient to inform the consumer about the relationship, including whether the relationship is exclusive.''. SEC. 4. CLERICAL AMENDMENT. The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 129 the following new items: ``129A. Duties of mortgage brokers. ``129B. Disclosures in connection with all home mortgage loans.''.", "summary": "Mortgage Broker Transparency and Accountability Act of 2007 \u0096 Amends the Truth in Lending Act to establish mandatory responsibilities, duties, and disclosures governing mortgage brokers. Deems any mortgage broker to have a statutory agency relationship with the consumer subject to all requirements under state or federal law. Sets forth disclosure requirements, including disclosure of: (1) the risks and benefits of each home mortgage loan product; (2) possible payment increases at the time of any resetting of rate; (3) the extent of any prepayment penalties and balloon payments; and (4) the consumer's responsibilities to pay taxes and insurance with respect to such product. Requires mortgage brokers to maintain a bond that inures, first, to the benefit of any consumer who has any claim against the mortgage broker under this Act. Prohibits: (1) mortgage brokers from steering a consumer to a higher-cost mortgage than one for which the consumer would otherwise qualify; and (2) waiver by a consumer of the requirements imposed upon a mortgage broker under this Act. Requires disclosure of specified affiliations on the part of persons involved in the home mortgage loan process."}
{"article": "SECTION 1. FINDINGS. (a) Findings.--Congress finds the following: (1) The United Nations Human Rights Council fails to adequately reform the United Nations Commission on Human Rights, thus preventing the Council from becoming an effective monitor of human rights throughout the world. (2) The United Nations Commission on Human Rights was created in 1946 to monitor and prevent the abuse of human rights throughout the world. It failed miserably to uphold even the most basic ideals enumerated in the United Nations Charter and the Universal Declaration on Human Rights. It lost its credibility as an instrument for the promotion and protection of human rights and instead allowed repressive regimes to shield themselves from criticism for their human rights violations. (3) The membership of the United Nations Commission on Human Rights constituted some of the worst abusers of human rights in the world, including the tyrannies of Cuba, Sudan, Libya, Belarus, the People's Republic of China, and Zimbabwe. (4) The United Nations Commission on Human Rights failed to act or speak out against numerous cases of egregious human rights abuses, including the countless atrocities committed by communist regimes, the genocide in Rwanda in 1994, and the ongoing genocide in Darfur caused by the Government of Sudan. (5) The United Nations Commission on Human Rights failed to condemn countries that sponsor terrorism (a glaring affront to human rights), including Iran, Syria, and North Korea. (6) The United Nations Commission on Human Rights had repeatedly vilified Israel, the only democracy in the Middle East, while overlooking horrific human rights abuses throughout the Middle East. A recent study found that 30 percent of all country-specific resolutions of the Commission critical of human rights have been directed at Israel, but none against persistent violators like China, Myanmar, Syria, or Zimbabwe. (7) Former United Nations Secretary General Kofi Annan repeatedly emphasized that meaningful reform of the United Nations Commission on Human Rights is a key element for making the United Nations more accountable, effective, and efficient, and that ``the Commission's declining credibility has cast a shadow on the reputation of the United Nations system''. (8) The creation of the United Nations Human Rights Council on March 15, 2006, failed to address the serious shortcomings of the United Nations Commission on Human Rights and fell far short of creating the small standing body composed of appropriate countries that was initially envisioned by Former Secretary General Annan, in his March 2005 report, ``In Larger Freedom: Towards Development, Security and Human Rights For All''. (9) The United Nations Human Rights Council succeeds only in making superficial changes to the structure of the United Nations Commission on Human Rights, masquerading motion as reform and placebo as treatment. (10) The United Nations Human Rights Council does not embody the recommended institutional reforms necessary to advance human rights. (11) The United Nations Human Rights Council cannot monitor cases of human rights abuse throughout the world, nor even prevent egregious human rights violators from being elected to the council itself. The only supposed protection--that a country can be suspended if two-thirds of the members of the General Assembly agree to do so--is useless, since less than half of the General Assembly could agree that Sudan was guilty of any human rights violations. (12) The United Nations Human Rights Council only reduces the number of seats on the council to 47 from 53, which is not enough to make the Council more efficient or more effective. (13) The United Nations Human Rights Council also retains geographical quotas that will only ensure that human rights abusers will continue to have access to membership on the council. Indeed, Israel, a constant target of United Nations ire, had been discriminated against by being denied full participatory rights in regional group meetings associated with the operation of the United Nations Human Rights Commission, while nonmembers of the United Nations, such as the Holy See and the Palestinian observer, participated in such meetings. The geographic quota system ensures a majority of membership slots for the world's least democratic regions. (14) The United States, while voting against the resolution creating the United Nations Human Rights Council, was unable to ensure that the Council would be structured to best promote and protect human rights around the globe. (15) If the United States, working with other like-minded countries, is not able to adequately reform the corrupt United Nations Human Rights Council, then the chances for the United States and other like-minded countries to effect the broader changes to the United Nations that are desired and needed to make the institution more effective are much reduced. (16) The first group of Member States elected to the new United Nations Human Rights Council includes nine countries that the democracy watchdog Freedom House designates as ``not free'', including the People's Republic of China, Cuba, Saudi Arabia, Russia, Pakistan, Tunisia, Algeria, Cameroon, and Azerbaijan. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United Nations Human Rights Council-- (A) should be a body that upholds the ideals enumerated in the United Nations Charter and the Universal Declaration on Human Rights; (B) should allow full participation by Israel in all operations associated with the Council; and (C) should be made up of countries that hold regular, competitive, and democratic elections, allow for freedom of expression, and have a credible civil society; and (2) the United States should not support the United Nations Human Rights Council, and should withhold any financial support for the Council until meaningful reforms related to the responsibilities of the United Nations for the protection of human rights are carried out. SEC. 3. WITHHOLDING FUNDING FOR THE UNITED NATIONS HUMAN RIGHTS COUNCIL. (a) In General.--The Secretary of State shall withhold from a United States contribution to a regularly assessed biennial budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Human Rights Council. (b) Effective Date.--Subsection (a) shall take effect and apply beginning on October 1, 2009, with respect to annual dues paid by the United States to the United Nations each fiscal year in connection with United States contributions to the regularly assessed biennial budgets of the United Nations.", "summary": "Expresses the sense of Congress that the United Nations Human Rights Council should: (1) be a body that upholds the ideals enumerated in the United Nations Charter and the Universal Declaration on Human Rights; (2) allow full participation by Israel in Council operations; and (3) be made up of countries that hold regular democratic elections, permit freedom of expression, and have a credible civil society. Expresses the sense of Congress that the United States should not support the Council, and should withhold financial support for the Council until meaningful human rights reforms are carried out. Directs the Secretary of State to withhold from a U.S. contribution to a regularly assessed biennial U.N. budget an amount equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to the Council."}
{"article": "SECTION 1. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. (a) In General.--Part II of subchapter O of chapter 1 (relating to basis rules of general application) is amended by redesignating section 1023 as section 1024 and by inserting after section 1022 the following new section: ``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Solely for purposes of determining gain or loss on the sale or other disposition by a taxpayer (other than a corporation) of an indexed asset which has been held for more than 3 years, the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Exception for depreciation, etc.--The deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) common stock in a C corporation (other than a foreign corporation), and ``(B) tangible property, which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(2) Stock in certain foreign corporations included.--For purposes of this section-- ``(A) In general.--The term `indexed asset' includes common stock in a foreign corporation which is regularly traded on an established securities market. ``(B) Exception.--Subparagraph (A) shall not apply to-- ``(i) stock of a foreign investment company, ``(ii) stock in a passive foreign investment company (as defined in section 1296), ``(iii) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2), and ``(iv) stock in a foreign personal holding company. ``(C) Treatment of american depository receipts.-- An American depository receipt for common stock in a foreign corporation shall be treated as common stock in such corporation. ``(c) Indexed Basis.--For purposes of this section-- ``(1) General rule.--The indexed basis for any asset is-- ``(A) the adjusted basis of the asset, increased by ``(B) the applicable inflation adjustment. ``(2) Applicable inflation adjustment.--The applicable inflation adjustment for any asset is an amount equal to-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the percentage (if any) by which-- ``(i) the gross domestic product deflator for the last calendar quarter ending before the asset is disposed of, exceeds ``(ii) the gross domestic product deflator for the last calendar quarter ending before the asset was acquired by the taxpayer. The percentage under subparagraph (B) shall be rounded to the nearest \\1/10\\ of 1 percentage point. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). ``(d) Suspension of Holding Period Where Diminished Risk of Loss; Treatment of Short Sales.-- ``(1) In general.--If the taxpayer (or a related person) enters into any transaction which substantially reduces the risk of loss from holding any asset, such asset shall not be treated as an indexed asset for the period of such reduced risk. ``(2) Short sales.-- ``(A) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. In applying subsection (c)(2) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date of acquisition and the closing date for the sale shall be treated as the date of disposition. ``(B) Short sale period.--For purposes of subparagraph (A), the short sale period begins on the day that the property is sold and ends on the closing date for the sale. ``(e) Treatment of Regulated Investment Companies and Real Estate Investment Trusts.-- ``(1) Adjustments at entity level.-- ``(A) In general.--Except as otherwise provided in this paragraph, the adjustment under subsection (a) shall be allowed to any qualified investment entity (including for purposes of determining the earnings and profits of such entity). ``(B) Exception for corporate shareholders.--Under regulations-- ``(i) in the case of a distribution by a qualified investment entity (directly or indirectly) to a corporation-- ``(I) the determination of whether such distribution is a dividend shall be made without regard to this section, and ``(II) the amount treated as gain by reason of the receipt of any capital gain dividend shall be increased by the percentage by which the entity's net capital gain for the taxable year (determined without regard to this section) exceeds the entity's net capital gain for such year determined with regard to this section, and ``(ii) there shall be other appropriate adjustments (including deemed distributions) so as to ensure that the benefits of this section are not allowed (directly or indirectly) to corporate shareholders of qualified investment entities. For purposes of the preceding sentence, any amount includible in gross income under section 852(b)(3)(D) shall be treated as a capital gain dividend and an S corporation shall not be treated as a corporation. ``(C) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). ``(D) Exception for certain taxes imposed at entity level.-- ``(i) Tax on failure to distribute entire gain.--If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). A similar rule shall apply in the case of any amount subject to tax under paragraph (2) or (3) of section 857(b) to the extent attributable to the excess of the net capital gain over the deduction for dividends paid determined with reference to capital gain dividends only. The first sentence of this clause shall not apply to so much of the amount subject to tax under section 852(b)(3)(A) as is designated by the company under section 852(b)(3)(D). ``(ii) Other taxes.--This section shall not apply for purposes of determining the amount of any tax imposed by paragraph (4), (5), or (6) of section 857(b). ``(2) Adjustments to interests held in entity.-- ``(A) Regulated investment companies.--Stock in a regulated investment company (within the meaning of section 851) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the average of the fair market values of the indexed assets held by such company at the close of each month during such quarter, bears to ``(ii) the average of the fair market values of all assets held by such company at the close of each such month. ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(C) Ratio of 80 percent or more.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 80 percent or more, such ratio for such quarter shall be 100 percent. ``(D) Ratio of 20 percent or less.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 20 percent or less, such ratio for such quarter shall be zero. ``(E) Look-thru of partnerships.--For purposes of this paragraph, a qualified investment entity which holds a partnership interest shall be treated (in lieu of holding a partnership interest) as holding its proportionate share of the assets held by the partnership. ``(3) Treatment of return of capital distributions.--Except as otherwise provided by the Secretary, a distribution with respect to stock in a qualified investment entity which is not a dividend and which results in a reduction in the adjusted basis of such stock shall be treated as allocable to stock acquired by the taxpayer in the order in which such stock was acquired. ``(4) Qualified investment entity.--For purposes of this subsection, the term `qualified investment entity' means-- ``(A) a regulated investment company (within the meaning of section 851), and ``(B) a real estate investment trust (within the meaning of section 856). ``(f) Other Pass-Thru Entities.-- ``(1) Partnerships.-- ``(A) In general.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(B) Special rule in the case of section 754 elections.--In the case of a transfer of an interest in a partnership with respect to which the election provided in section 754 is in effect-- ``(i) the adjustment under section 743(b)(1) shall, with respect to the transferor partner, be treated as a sale of the partnership assets for purposes of applying this section, and ``(ii) with respect to the transferee partner, the partnership's holding period for purposes of this section in such assets shall be treated as beginning on the date of such adjustment. ``(2) S corporations.--In the case of an S corporation, the adjustment made under subsection (a) at the corporate level shall be passed through to the shareholders. This section shall not apply for purposes of determining the amount of any tax imposed by section 1374 or 1375. ``(3) Common trust funds.--In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. ``(4) Indexing adjustment disregarded in determining loss on sale of interest in entity.--Notwithstanding the preceding provisions of this subsection, for purposes of determining the amount of any loss on a sale or exchange of an interest in a partnership, S corporation, or common trust fund, the adjustment made under subsection (a) shall not be taken into account in determining the adjusted basis of such interest. ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Related persons defined.--For purposes of this section, the term `related persons' means-- ``(A) persons bearing a relationship set forth in section 267(b), and ``(B) persons treated as single employer under subsection (b) or (c) of section 414. ``(h) Transfers To Increase Indexing Adjustment.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. ``(i) Special Rules.--For purposes of this section-- ``(1) Treatment of improvements, etc.--If there is an addition to the adjusted basis of any tangible property or of any stock in a corporation during the taxable year by reason of an improvement to such property or a contribution to capital of such corporation-- ``(A) such addition shall never be taken into account under subsection (c)(1)(A) if the aggregate amount thereof during the taxable year with respect to such property or stock is less than $1,000, and ``(B) such addition shall be treated as a separate asset acquired at the close of such taxable year if the aggregate amount thereof during the taxable year with respect to such property or stock is $1,000 or more. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(2) Assets which are not indexed assets throughout holding period.--The applicable inflation adjustment shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(4) Section cannot increase ordinary loss.--To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. ``(5) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. ``(6) Collapsible corporations.--The application of section 341(a) (relating to collapsible corporations) shall be determined without regard to this section. ``(j) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 is amended by striking the item relating to section 1023 and by inserting after the item relating to section 1022 the following new item: ``Sec. 1022. Indexing of certain assets for purposes of determining gain or loss. ``Sec. 1023. Cross references.''. (c) Effective Date.--The amendments made by this section shall apply to dispositions after December 31, 2006, in taxable years ending after such date.", "summary": "Amends the Internal Revenue Code to allow an inflation adjustment based upon the gross domestic product deflator to the adjusted basis of certain assets (including C corporation common stock and tangible property used in a trade or business) held by a taxpayer for more than three years for purposes of determining gain or loss on the sale or other disposition of such assets. Sets forth rules for applying such inflation adjustment to short sales, regulated investment companies and real estate investment trusts, partnerships and other pass-thru entities, and dispositions of assets between related persons."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Debt Collection Practices Amendments Act of 1995''. SEC. 2. DEFINITIONS. Section 803(6)(C) of the Fair Debt Collection Practices Act (15 U.S.C. 1692a(6)(C)) is amended by inserting ``owed to the Federal Government or to any State'' after ``collect any debt''. SEC. 3. ACQUISITION OF LOCATION INFORMATION. Section 804(6) of the Fair Debt Collection Practices Act (15 U.S.C. 1692b(6)) is amended by inserting before the period at the end the following: ``, except that the debt collector may communicate with persons other than the attorney for the purpose of acquiring location information or information relating to the income, assets, or credit of the consumer if the attorney refuses to provide such information to the debt collector''. SEC. 4. VALIDATION OF DEBTS. (a) Destination of Validation Notice.--Section 809(a) of the Fair Debt Collection Practices Act (15 U.S.C. 1692g(a)) is amended in the matter preceding paragraph (1) by striking ``send the consumer'' and inserting ``send to the last known address of the consumer (or to any location at which the debt collector has a reasonable belief that the consumer is residing)''. (b) Form of Validation Notice.--Section 809(a)(3) of the Fair Debt Collection Practices Act (15 U.S.C. 1692g(a)(3)) is amended-- (1) by inserting ``appearing in type at least as large as 12-point type'' after ``a statement''; (2) by striking ``disputes'' and inserting ``notifies the debt collector in writing that''; and (3) by striking ``thereof,'' and inserting ``thereof is disputed,''. SEC. 5. LEGAL ACTIONS BY DEBT COLLECTORS. Section 811(a)(2) of the Fair Debt Collection Practices Act (15 U.S.C. 1692i(a)(2)) is amended-- (1) in subparagraph (A), by inserting ``or in which the obligation was incurred'' before the semicolon; and (2) in subparagraph (B), by inserting ``or is employed'' after ``consumer resides''. SEC. 6. CIVIL LIABILITY. (a) Limitations on Damages.--Section 813(a) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(a)) is amended to read as follows: ``(a) Limitations on Damages.-- ``(1) In general.--Except as otherwise provided in this section, a debt collector who fails to comply with any provision of this title with respect to any person shall be liable to such person as follows: ``(A) Individual actions.--In the case of an action arising under this title other than an action described in subparagraph (B), in an amount equal to any actual damages sustained by the person as a result of such failure. ``(B) Class actions.--In the case of an action arising under this title that is brought or maintained as a class action pursuant to the Federal Rules of Civil Procedure or as otherwise provided by law (hereafter in this section referred to as a `class action'), in an amount equal to the sum of-- ``(i) the amount for each named plaintiff as is recoverable under subparagraph (A); and ``(ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the total amount for such class members as is recoverable under subparagraph (A). ``(C) Costs and attorney's fees.--In the case of any successful action to enforce the liability specified in subparagraph (A) or (B), the costs of the action, together with reasonable attorney's fees as determined by the court, in an amount not to exceed the amount awarded in such action under subparagraph (A) or (B), as applicable. ``(2) Class action limitation.--The total amount recovered under paragraph (1)(B) in any class action or series of class actions arising out of the same failure to comply by the same debt collector shall not exceed the lesser of-- ``(A) $500,000; or ``(B) 1 percent of the net financial worth of the debt collector. ``(3) Actions brought in bad faith.--On a finding by the court that an action arising under this title was brought in violation of Rule 11(b) of the Federal Rules of Civil Procedure, the court may award to the defendant the costs of the action, together with reasonable attorney's fees, as determined by the court. ``(4) Offer of judgment.--Notwithstanding any other provision of law, in any action arising under this title, for purposes of any application of Rule 68 of the Federal Rules of Civil Procedure-- ``(A) costs shall include reasonable attorney's fees; and ``(B) following any offer made to a plaintiff or to the plaintiff class that is not accepted in accordance with such Rule, the plaintiff or plaintiff class, as applicable, shall not be entitled to recover attorney's fees as otherwise provided in this title if the amount of the final judgment awarded to the plaintiff or to the plaintiff class, as applicable, is less than or equal to the offer.''. (b) Factors for Consideration.--Section 813(b) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(b)) is amended to read as follows: ``(b) Factors for Consideration.--In determining the liability of a debt collector under subsection (a) in any action arising under this title, the court shall consider, among other relevant factors-- ``(1) the frequency and persistence of noncompliance by the debt collector; ``(2) the nature of such noncompliance; and ``(3) the extent to which the noncompliance of the debt collector is intentional.''. (c) Modification of Bona Fide Error Defense.--Section 813(c) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(c)) is amended-- (1) by striking ``violation was not'' and inserting the following: ``violation-- ``(1) was not''; (2) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(2) resulted from the use of written communication in a form approved by any Federal or State agency responsible for the regulation of debt collectors.''. (d) Reasonable Person Standard.--Section 813 of the Fair Debt Collection Practices Act (15 U.S.C. 1692k) is amended by adding at the end the following new subsection: ``(f) Reasonable Person Standard.--In making a determination under this section as to whether or not a debt collector has failed to comply with any provision of this title with respect to any person, the court shall consider the effect of the actions or omissions of the debt collector on a reasonable person.''. SEC. 7. RELATION TO STATE LAWS. Section 816 of the Fair Debt Collection Practices Act (15 U.S.C. 1692n) is amended to read as follows: ``SEC. 816. RELATION TO STATE LAWS. ``(a) In General.--This title supersedes any provision of the law of any State that creates a private right of action relating to any operation, practice, or activity of a debt collector. ``(b) No Remedy Under This Title for State Law Violations.--This title shall not be construed to provide a remedy for any violation of the law of any State with respect to debt collection practices. ``(c) No Liability Under This Title for State Law Violations.--This title shall not be construed to establish any liability or penalty for a violation of the law of any State unless the conduct which constitutes a violation of the law of such State also constitutes a violation of any requirement of this title or any regulation promulgated pursuant to this title.''.", "summary": "Fair Debt Collection Practices Amendments Act of 1995 - Amends the Fair Debt Collection Practices Act to limit the exclusion from its purview of debt collection activities by a Federal or State official to collection of debts owed to the Federal or a State government, respectively. (Sec. 3) Permits a debt collector to acquire income, assets, or credit information from a person other than the debtor's attorney if the attorney refuses to provide such information. (Sec. 4) Revises procedural guidelines for: (1) debt validation; (2) legal actions by debt collectors; and (3) limitations on damages, including repeal of the allowance of up to $1,000 in additional damages. Provides that this Act: (1) supersedes any State law creating a private right of action against a debt collector; (2) does not provide a remedy for any violation of State law regarding debt collection practices; and (3) does not establish any liability or penalty for violation of State law unless such violation also constitutes a violation under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Paskenta Band Restoration Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``Tribe'' means the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Interim Council'' means the governing body of the Tribe specified in section 7. (4) The term ``member'' means an individual who meets the membership criteria under section 6(b). (5) The term ``State'' means the State of California. (6) The term ``reservation'' means those lands acquired and held in trust by the Secretary for the benefit of the Tribe pursuant to section 5. (7) The term ``service area'' means the counties of Tehama and Glenn, in the State of California. SEC. 3. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES. (a) Federal Recognition.--Federal recognition is hereby extended to the Tribe. Except as otherwise provided in this Act, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. (b) Restoration of Rights and Privileges.--Except as provided in subsection (d), all rights and privileges of the Tribe and its members under any Federal treaty, Executive order, agreement, or statute, or under any other authority which were diminished or lost under the Act of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby restored and the provisions of such Act shall be inapplicable to the Tribe and its members after the date of enactment of this Act. (c) Federal Services and Benefits.--Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after the date of enactment of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes or their members. In the case of Federal services available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe's service area shall be deemed to be residing on a reservation. (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this Act shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water right of the Tribe and its members. (e) Indian Reorganization Act Applicability.--The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its members. (f) Certain Rights Not Altered.--Except as specifically provided in this Act, nothing in this Act shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes levied. SEC. 4. ECONOMIC DEVELOPMENT. (a) Plan for Economic Development.--The Secretary shall-- (1) enter into negotiations with the governing body of the Tribe with respect to establishing a plan for economic development for the Tribe; (2) in accordance with this section and not later than two years after the adoption of a tribal constitution as provided in section 8, develop such a plan; and (3) upon the approval of such plan by the governing body of the Tribe, submit such plan to the Congress. (b) Restrictions.--Any proposed transfer of real property contained in the plan developed by the Secretary under subsection (a) shall be consistent with the requirements of section 5. SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST. (a) Lands To Be Taken in Trust.--The Secretary shall accept any real property located in Tehama County, California, for the benefit of the Tribe if conveyed or otherwise transferred to the Secretary if, at the time of such conveyance or transfer, there are no adverse legal claims to such property, including outstanding liens, mortgages, or taxes owned. The Secretary may accept any additional acreage in the Tribe's service area pursuant to the authority of the Secretary under the Act of June 18, 1934 (25 U.S.C. 461 et seq.). (b) Lands To Be Part of the Reservation.--Subject to the conditions imposed by this section, any real property conveyed or transferred under this section shall be taken in the name of the United States in trust for the Tribe and shall be part of the Tribe's reservation. -(-c-) -L-a-n-d-s -T-o -B-e -N-o-n-t-a-x-a-b-l-e-.----A-n-y -r-e-a-l -p-r-o-p-e-r-t-y -c-o-n-v-e-y-e-d -o-r -t-r-a-n-s-f-e-r-r-e-d -t-o -t-h-e -S-e-c-r-e-t-a-r-y -a-n-d -t-a-k-e-n -i-n-t-o -t-r-u-s-t -f-o-r -t-h-e -b-e-n-e-f-i-t -o-f -t-h-e -T-r-i-b-e -u-n-d-e-r -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -b-e -e-x-e-m-p-t -f-r-o-m -a-l-l -l-o-c-a-l-, -S-t-a-t-e-, -a-n-d -F-e-d-e-r-a-l -t-a-x-a-t-i-o-n -a-s -o-f -t-h-e -d-a-t-e -o-f -s-u-c-h -t-r-a-n-s-f-e-r-. SEC. 6. MEMBERSHIP ROLLS. (a) Compilation of Tribal Membership Roll.--Within one year after the date of the enactment of this Act, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe. (b) Criteria for Membership.--(1) Until a tribal constitution is adopted pursuant to section 8, an individual shall be placed on the membership roll if such individual is living, is not an enrolled member of another federally recognized Indian tribe, is of Nomlaki Indian ancestry, and if-- (A) such individual's name was listed on the Paskenta Indian Rancheria distribution roll compiled on February 26, 1959, by the Bureau of Indian Affairs and approved by the Secretary of the Interior on July 7, 1959, pursuant to Public Law 85-671; (B) such individual was not listed on the Paskenta Indian Rancheria distribution list, but met the requirements that had to be met to be listed on the Paskenta Indian Rancheria list; (C) such individual is identified as an Indian from Paskenta in any of the official or unofficial rolls of Indians prepared by the Bureau of Indian Affairs; or (D) such individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A), (B), or (C). (2) After adoption of a tribal constitution pursuant to section 8, such tribal constitution shall govern membership in the Tribe. (c) Conclusive Proof of Paskenta Indian Ancestry.--For the purpose of subsection (b), the Secretary shall accept any available evidence establishing Paskenta Indian ancestry. The Secretary shall accept as conclusive evidence of Paskenta Indian ancestry, information contained in the census of the Indians in and near Paskenta, prepared by Special Indian Agent John J. Terrell, in any other roll or census of Paskenta Indians prepared by the Bureau of Indian Affairs, and in the Paskenta Indian Rancheria distribution list, compiled by the Bureau of Indian Affairs on February 26, 1959. SEC. 7. INTERIM GOVERNMENT. Until a new tribal constitution and bylaws are adopted and become effective under section 8, the Tribe's governing body shall be an Interim Council. The initial membership of the Interim Council shall consist of the members of the Tribal Council of the Tribe on the date of the enactment of this Act, and the Interim Council shall continue to operate in the manner prescribed for the Tribal Council under the tribal constitution adopted December 18, 1993. Any new members filling vacancies on the Interim Council shall meet the membership criteria set forth in section 6(b) and be elected in the same manner as are Tribal Council members under the tribal constitution adopted December 18, 1993. SEC. 8. TRIBAL CONSTITUTION. (a) Election; Time and Procedure.--Upon the completion of the tribal membership roll under section 6(a) and upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election for the purpose of adopting a constitution and bylaws for the Tribe. The election shall be held according to section 16 of the Act of June 18, 1934 (25 U.S.C. 476), except that absentee balloting shall be permitted regardless of voter residence. (b) Election of Tribal Officials; Procedures.--Not later than 120 days after the Tribe adopts a constitution and bylaws under subsection (a), the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in such tribal constitution. Such election shall be conducted according to the procedures specified in subsection (a) except to the extent that such procedures conflict with the tribal constitution. SEC. 9. GENERAL PROVISION. The Secretary may promulgate such regulations as may be necessary to carry out the provisions of this Act.", "summary": "Paskenta Band Restoration Act - Extends Federal recognition and restores rights and privileges of the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Employment Transition Support Act of 2007'' or the ``VETS Act of 2007''. SEC. 2. CREDIT FOR EMPLOYERS HIRING VETERANS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45O. CREDIT FOR EMPLOYERS HIRING VETERANS. ``(a) General Rule.--For purposes of section 38, the military service personnel employment credit for the taxable year shall be equal to-- ``(1) in the case of a qualified veteran, 40 percent of the qualified first-year wages with respect to such veteran for such year, and ``(2) in the case of a qualified disabled veteran, the applicable percentage of the qualified first-year wages with respect to such veteran for such year. ``(b) Veteran Taken Into Account Only Once.--No credit shall be determined under subsection (a) with respect to any veteran unless such veteran has elected (in such form and manner as the Secretary may require) to have his qualified first-year wages taken into account with respect to the employer paying such wages. A veteran may make only one election under this subsection. The Secretary shall require such reporting as the Secretary determines is necessary to carry out the purposes of this subsection. ``(c) Qualified Wages.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means, with respect to any individual, the wages paid or incurred by the employer during the taxable year to such individual. ``(2) Qualified first-year wages.--The term `qualified first-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1- year period beginning with the day the individual begins work for the employer. ``(3) Wages.--The term `wages' has the meaning given such term by section 51(c), without regard to paragraph (4) thereof. ``(d) Qualified Veteran; Hiring Date.--For purposes of this section-- ``(1) Qualified veteran.--The term `qualified veteran' means any individual who is certified by the designated local agency (as defined in section 51(d)(11)) as being a veteran (as defined in section 51(d)(3)(B)). ``(2) Hiring date.--The term `hiring date' has the meaning given such term by section 51(d). ``(e) Qualified Disabled Veteran; Applicable Percentage.-- ``(1) In general.--The term `qualified disabled veteran' means any qualified veteran who is certified by the designated local agency (as defined in section 51(d)(11)) as having a disability that has been determined under the laws administered by the Secretary of Veterans Affairs to be service-connected and that is rated by such Secretary (as of the date of the certification) as 10 percent or more disabling. ``(2) Applicable percentage.--The term `applicable percentage' means the percentage determined in accordance with the following table: ``Percentage of disability: Applicable percentage: At least 10 but not over 20....... 41 At least 20 but not over 30....... 42 At least 30 but not over 40....... 43 At least 40 but not over 50....... 44 At least 50 but not over 60....... 45 At least 60 but not over 70....... 46 At least 70 but not over 80....... 47 At least 80 but not over 90....... 48 At least 90 but not over 100...... 49 100 percent....................... 50 ``(f) Certain Rules To Apply.--Rules similar to the rules of section 52, and subsections (d)(11), (f), (g), (i) (as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997), (j), and (k) of section 51, shall apply for purposes of this section. ``(g) Coordination With Work Opportunity Credit.--The credit allowed under this section with respect to any qualified first-year wages shall be in addition to any credit allowed under section 51 with respect to such wages.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the military service personnel employment credit determined under section 45O(a).''. (c) Technical Amendments.-- (1) Clause (iii) of section 41(b)(2)(D) of such Code is amended to read as follows: ``(iii) Exclusion for wages to which employment credits apply.--The term `wages' shall not include any amount taken into account in determining the credit under section 45O(a) or 51(a).''. (2) Subparagraph (B) of section 45A(b)(1) of such Code is amended to read as follows: ``(B) Coordination with other employment credits.-- The term `qualified wages' shall not include wages attributable to service rendered during the 1-year period beginning with the day the individual begins work for the employer if any portion of such wages is taken into account in determining the credit under section 45O or 51.''. (3) Subsection (a) of section 280C of such Code is amended by inserting ``45O(a),'' after ``45A(a),''. (4) Paragraph (3) of section 1396(c) of such Code is amended to read as follows: ``(3) Coordination with other employment credits.-- ``(A) In general.--The term `qualified wages' shall not include wages taken into account in determining the credit under section 45O or 51. ``(B) Coordination with paragraph (2).--The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credits under sections 45O and 51.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45O. Credit for employers hiring veterans.''. (e) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.", "summary": "Veterans' Employment Transition Support Act of 2007 or the VETS Act of 2007 - Amends the Internal Revenue Code to allow employers a general business tax credit for hiring certain veterans certified by designated local agencies as having served on active duty (other than for training) in the Armed Forces for a period of more than 180 days or having been discharged or released from active duty for a service-connected disability. Sets the amount of such credit at 40% of the first-year wages of such veterans and increases the percentage of such credit for disabled veterans based upon their disability ratings."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Students Learning in Safe Schools Act of 1999''. SEC. 2. MATCHING GRANT PROGRAM FOR SCHOOL SAFETY EQUIPMENT. (a) In General.--Part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) by striking the part designation and part heading and inserting the following: ``PART Y--MATCHING GRANT PROGRAMS ``Subpart A--Grant Program For Armor Vests''; (2) by striking ``this part'' each place that term appears and inserting ``this subpart''; and (3) by adding at the end the following: ``Subpart B--Grant Program For School Safety Equipment ``SEC. 2511. PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, Indian tribes, and local educational agencies to purchase school safety equipment for use in and near elementary and secondary schools. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, Indian tribe, or local educational agency, as applicable; and ``(2) used for the purchase of school safety equipment for use in elementary and secondary schools in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this subpart, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has the greatest need for school safety equipment, based on the percentage of elementary and secondary schools in the jurisdiction of the applicant that do not have access to such equipment; ``(2) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or ``(3) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119). ``(d) Minimum Amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this section except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated .25 percent. ``(e) Maximum Amount.--A qualifying State, unit of local government, Indian tribe, or local educational agency may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section. ``(f) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(g) Allocation of Funds.--Not less than 50 percent of the total amount made available to carry out this subpart in each fiscal year shall be awarded to units of local government with fewer than 100,000 residents. ``SEC. 2512. APPLICATIONS. ``(a) In General.--To request a grant under this subpart, the chief executive of a State, unit of local government, Indian tribe, or local educational agency shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require. ``(b) Regulations.-- ``(1) In general.--Not later than 90 days after the date of enactment of the Students Learning in Safe Schools Act of 1999, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, Indian tribes, and local educational agencies must meet) in submitting the applications required under this section. ``(2) Internet access.--The regulations promulgated under this subsection shall provide for the availability of applications for, and other information relating to, assistance under this subpart on the Internet website of the Department of Justice, in a manner that is closely linked to the information on that Internet website concerning the program under part Q. ``(c) Eligibility.--A unit of local government that receives funding under the Local Law Enforcement Block Grant program (described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 104-119)) during a fiscal year in which it submits an application under this subpart shall not be eligible for a grant under this subpart unless the chief executive officer of such unit of local government certifies and provides an explanation to the Director that the unit of local government considered or will consider using funding received under the block grant program for any or all of the costs relating to the purchase of school safety equipment, but did not, or does not expect to use such funds for such purpose. ``SEC. 2513. DEFINITIONS. ``In this subpart-- ``(1) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); ``(2) the term `school safety equipment' means metal detectors, metal detecting wands, video cameras, and other equipment designed to detect weapons and otherwise enhance school safety; ``(3) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; and ``(4) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, school district, or other unit of general government below the State level.''. (b) Authorization of Appropriations.--Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (23) and inserting the following: ``(23) There are authorized to be appropriated to carry out part Y-- ``(A) $25,000,000 for each of fiscal years 2000 through 2002 for grants under subpart A of that part; and ``(B) $40,000,000 for each of fiscal years 2000 through 2002 for grants under subpart B of that part.''. SEC. 3. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS AND EQUIPMENT. In the case of any equipment or products that may be authorized to be purchased with financial assistance provided using funds appropriated or otherwise made available by this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products, unless such equipment or products are not readily available at reasonable costs. SEC. 4. SENSE OF THE SENATE REGARDING SCHOOL SECURITY. It is the sense of the Senate that recipients of assistance under subpart B of part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this Act, should, to the maximum extent practicable, seek to achieve a balance between school security needs and the need for an environment that is conducive to learning. SEC. 5. TECHNOLOGY DEVELOPMENT. Section 202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end the following: ``(e) School Safety Technology Development.--The Institute shall conduct research and otherwise work to develop new weapons detection technologies and safety systems that are appropriate to school settings.''.", "summary": "Authorizes appropriations to carry out such new matching grant program for school safety equipment, as well as for the current matching grant program for law enforcement armor vests. Expresses the sense of Congress regarding American-made products and equipment. Expresses the sense of the Senate regarding school security. Amends such Act to direct the National Institute of Justice to conduct research and otherwise work to develop new weapons detection technologies and safety systems that are appropriate to school settings."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Magistrate Judge Improvement Act of 2000''. SEC. 2. MAGISTRATE JUDGE CONTEMPT AUTHORITY. Section 636(e) of title 28, United States Code is amended to read as follows: ``(e) Magistrate Judge Contempt Authority.-- ``(1) In general.--A United States magistrate judge serving under this chapter shall have within the territorial jurisdiction prescribed by his or her appointment the power to exercise contempt authority as set forth in this subsection. ``(2) Summary criminal contempt authority.--A magistrate judge shall have the power to punish summarily by fine or imprisonment such contempt of the authority of that magistrate judge constituting misbehavior of any person in the presence of the magistrate judge so as to obstruct the administration of justice. The order of contempt shall be issued pursuant to Federal Rules of Criminal Procedure. ``(3) Additional criminal contempt authority in civil consent and misdemeanor cases.--In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge shall have the power to punish by fine or imprisonment such criminal contempt constituting disobedience or resistance to the lawful writ, process, order, rule, decree, or command of the magistrate judge. Disposition of such contempt shall be conducted upon notice and hearing pursuant to the Federal Rules of Criminal Procedure. ``(4) Civil contempt authority in civil consent and misdemeanor cases.--In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge may exercise the civil contempt authority of the district court. This paragraph shall not be construed to limit the authority of a magistrate judge to order sanctions pursuant to any other statute, the Federal Rules of Civil Procedure, or the Federal Rules of Criminal Procedure. ``(5) Criminal contempt penalties.--The sentence imposed by a magistrate judge for any criminal contempt set forth in paragraphs (2) and (3) of this subsection shall not exceed the penalties for a class C misdemeanor as set forth in sections 3571(b)(6) and 3581(b)(8) of title 18. ``(6) Certification of other contempts to the district judge.-- ``(A) In general.--Upon the commission of any act described in subparagraph (B)-- ``(i) the magistrate judge shall promptly certify the facts to a district judge and may serve or cause to be served upon any person whose behavior is brought into question under this paragraph an order requiring such person to appear before a district judge upon a day certain to show cause why such person should not be adjudged in contempt by reason of the facts so certified; and ``(ii) the district judge shall hear the evidence as to the act or conduct complained of and, if it is such as to warrant punishment, punish such person in the same manner and to the same extent as for a contempt committed before a district judge. ``(B) Acts described.--An act is described in this subparagraph if it is-- ``(i) in any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, or in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, an act that may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5) of this subsection; or ``(ii) in any other case or proceeding under subsection (a) or (b), or any other statute-- ``(I) an act committed in the presence of the magistrate judge that may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5); ``(II) an act that constitutes a criminal contempt that occurs outside the presence of the magistrate judge; or ``(III) an act that constitutes a civil contempt. ``(7) Appeals of magistrate judge contempt orders.--The appeal of an order of contempt issued pursuant to this section shall be made to the court of appeals in any case proceeding under subsection (c). The appeal of any other order of contempt issued pursuant to this section shall be made to the district court.''. SEC. 3. MAGISTRATE JUDGE AUTHORITY IN PETTY OFFENSE CASES. (a) Title 18, United States Code.--Section 3401(b) of title 18, United States Code, is amended in the first sentence by striking ``that is a class B'' and all that follows through ``infraction''. (b) Title 28, United States Code.--Section 636(a) of title 28, United States Code, is amended by striking paragraphs (4) and (5) and inserting the following: ``(4) the power to enter a sentence for a petty offense; and ``(5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.''. SEC. 4. MAGISTRATE JUDGE AUTHORITY IN CASES INVOLVING JUVENILES. Section 3401(g) of title 18, United States Code, is amended-- (1) by striking the first sentence and inserting the following: ``The magistrate judge may, in a petty offense case involving a juvenile, exercise all powers granted to the district court under chapter 403 of this title.''; (2) in the second sentence by striking ``any other class B or C misdemeanor case'' and inserting ``the case of any misdemeanor, other than a petty offense,''; and (3) by striking the last sentence.", "summary": "Provides the process for certification of the facts of a contempt ruling to a district judge for execution (including appeals) of punishment or sanctions. Amends the Federal criminal code to provide magistrate judge authority in cases involving petty offenses and petty cases involving juveniles."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Harold Hughes-Bill Emerson Commission on Alcoholism Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Harold Hughes- Bill Emerson Commission on Alcoholism (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--The Commission shall carry out the following duties: (1) Hold public hearings on selected areas of interest related to alcoholism. (2) Promote the development of a national consensus on policy issues related to alcoholism, which may include conducting a national opinion survey on attitudes toward the disease of alcoholism and its prevention. (3) Evaluate the interest of the provider and medical communities in new medications related to alcoholism and the barriers to the communities in obtaining such medications, and make recommendations regarding research on and the manufacturing and availability of such medications. (4) In conjunction with the National Institute on Alcoholism and Alcohol Abuse and the advisory council of such Institute, conduct a study to identify the current state-of- the-art alcohol research, unmet alcohol research needs, and appropriate research funding in view of the size and scope of the alcoholism problem. (5) Evaluate and make recommendations regarding the education of physicians in American medical schools concerning alcoholism (including an examination of the requirements of accreditation of medical schools) and the certification of other individuals trained to provide alcoholism prevention and treatment services. (6) Evaluate and make recommendations regarding the availability, timing, and dissemination of research information to alcoholism prevention and treatment services administrators and providers, and the application of current research findings by these administrators and providers. (7) Make recommendations designed to reduce and prevent alcoholism which include recommendations concerning appropriate roles for the Federal, State, and local governments and the private sector, and concerning specific changes needed to Federal laws and Federal programs. (b) Reports.--Not later than two years after the date on which amounts under section 8 are first made available for carrying out this Act, the Commission shall submit to the President and the Congress a report describing the findings made in studies under subsection (a). The Commission may submit to the President and the Congress such interim reports regarding the duties of the Commission under such subsection as the Commission determines to be appropriate. SEC. 4. MEMBERSHIP. (a) Composition.-- (1) In general.--The Commission shall be composed of 12 voting members appointed in accordance with paragraph (2), one ex officio voting member designated in paragraph (3), and such ex officio nonvoting members as may serve pursuant to paragraph (4). (2) Appointed members.--Members of the Commission shall be appointed in accordance with the following: (A) The President shall appoint four individuals who are not officers or employees of the Federal Government. Such individuals shall be appointed from four of the following fields of expertise: (i) An economist. (ii) A biomedical or behavioral researcher or clinician. (iii) A person from the field of business. (iv) A representative of the medical schools. (v) A health provider. (B) The President Pro Tempore of the Senate shall, after consultation with the majority and minority leaders of the Senate, appoint four individuals. Of such individuals-- (i) two shall be Senators; (ii) one shall be an expert in alcoholism prevention; and (iii) one shall be an expert in alcoholism treatment. (C) The Speaker of the House of Representatives shall, after consultation with the majority and minority leaders of the House, appoint four individuals. Of such individuals-- (i) two shall be Members of the House; (ii) one shall be a person with personal or family experience with alcoholism; and (iii) one shall be a marketing or communications expert. (3) Voting ex officio member.--The Director of the National Institute on Alcoholism and Alcohol Abuse shall serve as a voting ex officio member of the Commission. (4) Nonvoting ex officio members or advisors.--The Commission may request Federal officials to serve as nonvoting members of or advisors to the Commission, including but not limited to-- (A) the Secretary of Veterans Affairs or the designee of the Secretary; (B) the Assistant Secretary of Health, Department of Defense, or the designee of the Assistant Secretary; (C) the Secretary of Health and Human Services or the designee of the Secretary; and (D) the Attorney General or the designee of the Attorney General. (b) Chair.-- The Commission shall designate a voting member of the Commission to serve as the chair of the Commission. (c) Terms.--The term of a member of the Commission is the duration of the Commission. (d) Vacancies.-- (1) Authority of commission.--A vacancy in the membership of the Commission does not affect the power of the remaining members to carry out the duties under section 3. (2) Appointment of successors.--A vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (3) Incomplete term.--If a member of the Commission does not serve the full term applicable to the member, the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (e) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chair or a majority of the members, except that not less than two meetings shall be held each year for the duration of the Commission. (2) Quorum.--A quorum for meetings of the Commission is constituted by the presence of 7 members, except that a lesser number may conduct hearings under section 6(a). (f) Compensation; Reimbursement of Expenses.-- (1) Compensation.--Members of the Commission may not receive compensation for service on the Commission, subject to paragraph (2). (2) Reimbursement.--Members of the Commission may, in accordance with chapter 57 of title 5, United States Code, be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Commission. SEC. 5. STAFF AND CONSULTANTS. (a) Staff.-- (1) In general.--The Commission may appoint and determine the compensation of such staff as may be necessary to carry out the duties of the Commission, including an executive director. Such appointments and compensation may be made without regard to the provisions of title 5, United States Code, that govern appointments in the competitive services, and the provisions of chapter 51 and subchapter III of chapter 53 of such title that relate to classifications and the General Schedule pay rates. (2) Limitation.--Staff members appointed under paragraph (1) may not be compensated in excess of the maximum rate of basic pay payable for GS-15, except that the executive director may not be compensated in an amount exceeding the maximum rate of basic pay payable under the General Schedule for positions above GS-15. (b) Consultants.--The Commission may procure such temporary and intermittent services of consultants under section 3109(b) of title 5, United States Code, as the Commission may determine to be useful in carrying out the duties under section 3. The Commission may not procure services under this subsection at any rate in excess of the daily equivalent of the maximum annual rate of basic pay payable under the General Schedule for positions above GS-15. Consultants under this subsection may, in accordance with chapter 57 of title 5, United States Code, be reimbursed for travel, subsistence, and other necessary expenses incurred for activities carried out on behalf of the Commission pursuant to section 3. SEC. 6. POWERS. (a) In General.--For the purpose of carrying out the duties of the Commission under section 3, the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. (b) Obtaining Official Information.--Upon the request of the Commission, the heads of Federal agencies shall furnish directly to the Commission information necessary for the Commission to carry out the duties under section 3. (c) Use of Mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support, including quarters for the Commission, as may be necessary for the Commission to carry out the duties under section 3. (e) Acceptance of Gifts.--The Commission may accept cash and in- kind contributions to the Commission for the purpose of carrying out the activities of the Commission. SEC. 7. DURATION OF COMMISSION. The Commission terminates upon the expiration of the 60-day period beginning on the date on which the final report is submitted under section 3(b). SEC. 8. AUTHORIZATION FOR APPROPRIATIONS. For the purpose of carrying out this Act, there is authorized to be appropriated $3,000,000. Amounts appropriated under the preceding sentence are available until the termination of the Commission under section 7. SEC. 9. CONFORMING AMENDMENT. Section 18 of Public Law 96-180 (93 Stat. 1306; 42 U.S.C. 4541 note) is repealed.", "summary": "Harold Hughes-Bill Emerson Commission on Alcoholism Act - Establishes the Harold Hughes-Bill Emerson Commission on Alcoholism. Includes among the duties of the Commission: (1) promoting the development of a national consensus on policy issues related to alcoholism; (2) evaluating the interest of the provider and medical communities in new medications related to alcoholism and the barriers to the communities in obtaining such medications; (3) in conjunction with the National Institute on Alcoholism and Alcohol Abuse, conducting a study to identify the current state-of-the-art alcohol research, unmet alcohol research needs, and appropriate research funding in view of the size and scope of the alcoholism problem; (4) evaluating and making recommendations regarding the education of physicians in American medical schools concerning alcoholism and the certification of other individuals trained to provide alcoholism prevention and treatment services; and (5) making recommendations designed to reduce and prevent alcoholism, including recommendations concerning appropriate roles for the Federal, State, and local governments and the private sector and changes needed to Federal laws and programs. Requires the Commission to report to the President and the Congress on its findings. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Choice Act of 2007''. SEC. 2. REPEAL OF ALTERNATIVE MINIMUM TAX FOR NONCORPORATE TAXPAYERS. (a) In General.--Section 55(a) of the Internal Revenue Code of 1986 (relating to alternative minimum tax imposed) is amended by adding at the end the following new flush sentence: ``In the case of a taxpayer other than a corporation, no tax shall be imposed by this section for any taxable year beginning after December 31, 2006, and the tentative minimum tax of any taxpayer other than a corporation for any such taxable year shall be zero for purposes of this title.''. (b) Conforming Amendments.-- (1) Section 26(c) of such Code is amended by striking ``the term `tentative minimum tax' means the amount determined under section 55(b)(1)'' and inserting ``the tentative minimum tax is zero.''. (2) Section 911(f)(2) of such Code is amended to read as follows: ``(2) the tentative minimum tax under section 55 for the taxable year shall be zero.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. SIMPLIFIED INDIVIDUAL INCOME TAX SYSTEM. (a) In General.--Part I of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to tax on individuals) is amended by redesignating section 5 as section 6 and by inserting after section 4 the following new section: ``SEC. 5. SIMPLIFIED INDIVIDUAL INCOME TAX SYSTEM. ``(a) Election.-- ``(1) In general.--A taxpayer other than a corporation may elect in accordance with this subsection to be subject to the tax imposed by this section in lieu of the tax imposed by section 1 for a taxable year and all subsequent taxable years. ``(2) Effect of election.--For purposes of this title, if an election is in effect under paragraph (1) for any taxable year, the tax imposed by this section shall be treated as the tax imposed by section 1 for the taxable year. ``(3) Election.-- ``(A) In general.-- ``(i) In general.--Except as provided in clause (ii) of this subparagraph and clauses (ii) and (iii) of subparagraph (B), the election under paragraph (1) may only be made with respect to any taxable year beginning before January 1, 2017, on a timely filed return for the first taxable year for which the election applies. ``(ii) New taxpayers.--In the case of an individual with no tax liability under this title before January 1, 2017, the election under paragraph (1) may only be made for the first taxable year beginning after December 31, 2016, for which such individual has tax liability under this title. ``(B) Effect of election.-- ``(i) In general.--Except as provided in clauses (ii) and (iii), the election under paragraph (1), once made, shall be irrevocable. ``(ii) One-time revocation of election.--A taxpayer may revoke an election under paragraph (1) for a taxable year and all subsequent taxable years. The preceding sentence shall not apply if the taxpayer has made a revocation under such sentence for any prior taxable year. ``(iii) Filing status changes due to major life events.--In the case of any major life event described in clause (iv), a taxpayer may make an election under paragraph (1) or revoke such an election under clause (ii). Any such election or revocation shall apply for the taxable year for which made and all subsequent taxable years until the taxpayer makes an election under the preceding sentence for any subsequent (and all succeeding) taxable year. ``(iv) Major life event.--For purposes of clause (iii), a major life event described in this clause is marriage, divorce, and death. ``(b) Tax Imposed.-- ``(1) Married individuals and surviving spouses.--In the case of a taxpayer for whom an election under subsection (a) is in effect and who is a married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013 or a surviving spouse (as defined in section 2(a)), there is hereby imposed on the alternative taxable income of such individual a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $100,000.............. 10% of alternative taxable income. Over $100,000.................. $10,000, plus 25% of the excess over $100,000. ``(2) Unmarried individuals (other than surviving spouses).--In the case of a taxpayer for whom an election under subsection (a) is in effect and who is not described in paragraph (1), there is hereby imposed on the alternative taxable income of such individual a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $50,000............... 10% of alternative taxable income. Over $50,000................... $5,000, plus 25% of the excess over $50,000. ``(c) Maximum of Tax on Net Capital Gain of Noncorporate Taxpayers.--If a taxpayer has a net capital gain for the taxable year, the tax imposed by subsection (b) for such taxable year shall not exceed the sum of-- ``(1) the amount determined under subsection (b) computed at the rate and in the same manner as if this paragraph had not been enacted on modified taxable income reduced by the lesser of-- ``(A) the net capital gain, or ``(B) the adjusted net capital gain, plus ``(2) 5 percent (0 percent in the case of taxable years beginning after 2007) of so much of the adjusted net capital gain (or, if less, modified taxable income) as does not exceed an amount equal to the excess described in section 1(h)(1)(B), plus ``(3) 15 percent of the adjusted net capital gain (or, if less, modified taxable income) in excess of the amount on which tax is determined under paragraph (2). Terms used in this paragraph which are also used in section 1(h) shall have the respective meanings given such terms by section 1(h) but computed with the adjustments under this section. ``(d) Alternative Taxable Income.--For purposes of this section-- ``(1) In general.--The term `alternative taxable income' means-- ``(A) gross income, minus ``(B) the sum of-- ``(i) the personal exemption, ``(ii) the dependent allowance, plus ``(iii) the alternative standard deduction. ``(2) Personal exemption.--The personal exemption is-- ``(A) 200 percent of the dollar amount in effect under subparagraph (B) in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), and ``(B) $3,500 in the case of an individual-- ``(i) who is not married and is not a surviving spouse, or ``(ii) who is a married individual filing a separate return. ``(3) Dependent allowance.--The dependent allowance is $3,500 for each dependent (as defined in section 152). ``(4) Alternative standard deduction.--The alternative standard deduction means-- ``(A) $25,000 in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), and ``(B) $12,500 in the case of an individual-- ``(i) who is not married and is not a surviving spouse, or ``(ii) who is a married individual filing a separate return. ``(e) Inflation Adjustments.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2007, each of the dollar amounts for the rate brackets in subsection (b) and each of the dollar amounts in subsection (d)(2)(B), (d)(3), and (d)(4) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. (b) Conforming Amendment.--The table of sections for part I of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 5 and inserting after the item relating to section 4 the following: ``Sec. 5. Simplified Individual Income Tax System. ``Sec. 6. Cross references relating to tax on individuals.''. (c) Capital Gains and Dividends Rate Made Permanent.--The Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking section 303. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.", "summary": "Taxpayer Choice Act of 2007 - Amends the Internal Revenue Code to: (1) repeal the alternative minimum tax on individual taxpayers after 2006; and (2) allow taxpayers to elect an alternative income tax system. Makes permanent the capital gains and dividends rate reductions enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2001."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Investment and Empowerment Act''. SEC. 2. PURPOSE. The purpose of this Act is to assist with the economic growth of economically disadvantaged communities that have potential for strong Class 1 commercial investment, but continue to have a difficult time recruiting Class 1 commercial investment. SEC. 3. ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL INVESTMENT IN UNDERSERVED COMMUNITIES. The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) is amended by adding at the end the following new title: ``TITLE VI--ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL INVESTMENT IN ECONOMICALLY DISADVANTAGED COMMUNITIES ``SEC. 511. GRANT PROGRAM. ``(a) Authorization.--From amounts appropriated under section 513, the Administrator shall make grants on a competitive basis to communities for-- ``(1) the creation of a grant and/or revolving loan fund program that helps develop financing packages for Class 1 commercial investment; ``(2) lowering real estate property tax rates; ``(3) conducting community-wide market analysis to help recruit and/or retain Class 1 commercial investment; ``(4) creating employment training programs for Class 1 business customer service, sales, and managerial positions; ``(5) retail marketing strategies to solicit new Class 1 commercial investment starts in the community; ``(6) program allowances for activities such as the publication of marketing materials, development of economic development web pages, and educational outreach activities with retail trade associations; and ``(7) hiring business recruitment specialists. ``(b) Eligibility.--The Administrator may only make a grant under subsection (a) to communities that-- ``(1) demographics include-- ``(A) a median per capita income no higher than $35,000; and ``(B) a lack of Class 1 commercial investment; and ``(2) submit an application at such time, in such form, and containing such information and assurances as the Administrator may require, including-- ``(A) a description of how the community through the activities the community carries out with the grant funds will recruit, retain and grow their economy through Class 1 commercial investment; and ``(B) a description of the difficulty the community has faced recruiting, retaining and growing their economy through Class 1 commercial investment. ``(c) Matching Funds.-- ``(1) In general.--The Administrator may not make a grant to a community under subsection (a) unless the community agrees that, with respect to the costs to be incurred by the community in carrying out the activities for which the grant is awarded, the community will make available non-Federal contributions in an amount equal to not less than 10 percent of the Federal funds provided under the grant. ``(2) Satisfying matching requirements.--The non-Federal contributions required under paragraph (1) may be-- ``(A) in cash or in-kind, including services, fairly evaluated; and ``(B) from-- ``(i) any private source; ``(ii) a State or local governmental entity; or ``(iii) a not-for-profit. ``(3) Waiver.--The Administrator may waive or reduce the non-Federal contribution required by paragraph (1) if the community involved demonstrates that the eligible entity cannot meet the contribution requirement due to financial hardship. ``(d) Limitations.--Funding appropriated under section 513 will be allocated by the following formula-- ``(1) no more than up to 5 percent of funds appropriated under section 513 shall go to administrative costs; ``(2) up to 70 percent of funding appropriated under section 513 shall go toward activities described in sections (a)(1) through (a)(4) after taking into account administrative costs under section (c)(1)(A); and ``(3) 30 percent of funding appropriated under section 513 shall go toward activities described in sections (a)(5) through (a)(7) after taking into account administrative costs under section (c)(1)(A). ``SEC. 512. DEFINITIONS. ``In this title, the following definitions apply: ``(1) Community.--The term `community' means a governance structure that includes county, parish, city, village, township, district or borough. ``(2) Class 1 commercial investment.--The term `Class 1 commercial investment' means retail grocery chains, food service retailers, restaurants and franchises, retail stores, cafes, shopping malls, and other shops. ``(3) Economically underserved community.--The term `economically underserved community' means an area suffering from low income and resultant low purchasing power, limiting its ability to generate sufficient goods and services to be used in exchange with other areas to meet current consumption needs. ``SEC. 513. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Administrator to carry out section 511(a) $40,000,000 for each of fiscal years 2014 through 2019.''.", "summary": "Community Investment and Empowerment Act - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA) to make grants on a competitive basis to communities for: the creation of a grant and/or revolving loan fund program that helps develop financing packages for Class 1 commercial investment (defined as retail grocery chains, food service retailers, restaurants and franchises, retail stores, cafes, shopping malls, and other shops); lowering real estate property tax rates; conducting community-wide market analysis to help recruit and/or retain Class 1 commercial investment; creating employment training programs for Class 1 business customer service, sales, and managerial positions; retail marketing strategies to solicit new Class 1 commercial investment starts in the community; program allowances for activities such as the publication of marketing materials, development of economic development web pages, and educational outreach activities with retail trade associations; and hiring business recruitment specialists. Authorizes the Administrator to only make such a grant to communities: (1) whose demographics include a median per capita income no higher than $35,000 and a lack of Class 1 commercial investment; (2) that submit an application that describes the activities the community carries out, and the difficulty the community has faced, to recruit, retain and grow their economy through Class 1 commercial investment; and (3) that agree to match 10% of grant funds with certain non-federal contributions. Allows the Administrator to waive or reduce the non-federal contribution if the community involved demonstrates that it cannot meet the contribution requirement due to financial hardship."}
{"article": "SECTION 1. NATIONAL MANUFACTURING STRATEGY. (a) Assessment of United States Manufacturing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall assess the United States economy to determine what goods the United States currently produces, where such goods are produced, in which manufacturing sector the United States is most competitive in the global economy, and what policies are necessary to maintain or increase the competitiveness of United States manufacturing in the global economy. (b) National Manufacturing Strategy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop a comprehensive national manufacturing strategy. (2) Goals of strategy.--The goals of the strategy required by paragraph (1) are as follows: (A) To increase the aggregate number of manufacturing jobs in the United States. (B) To identify emerging technologies to strengthen the competitiveness of the United States in the global marketplace. (C) To strengthen manufacturing sectors in which the United States is most competitive in the global economy. (3) Submittal of strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress the strategy required by paragraph (1). (c) Targets for Growth of the United States Manufacturing Sector.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish targets for the growth of United States manufacturing, including targets for job creation, for each of fiscal years 2012 through 2016. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the targets established by the Secretary pursuant to paragraph (1). (d) Survey of Manufacturing Support Programs.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall-- (A) conduct a survey of all Federal agencies that provide support to United States manufacturers, including-- (i) the Department of Commerce; (ii) the Department of Defense; (iii) the Department of Energy; (iv) the Department of Labor; (v) the Department of the Treasury; (vi) the Small Business Administration; (vii) the Office of Management and Budget; (viii) the Office of Science and Technology Policy; (ix) the Office of the United States Trade Representative; and (x) such other Federal agencies as the Secretary considers appropriate; and (B) submit to Congress a report on such survey that includes the recommendations of the Secretary on how each Federal agency surveyed can best support the comprehensive national manufacturing strategy required by subsection (b)(1). (2) Sharing of information.--The head of each agency of the Federal Government shall, to the extent practicable, cooperate with the Secretary of Commerce in the conduct of the survey required by paragraph (1) and provide to the Secretary such information about such United States manufacturing sectors as the Secretary may require. (3) Listening sessions.--In conducting the survey required by paragraph (1), the Secretary shall hold not fewer than 2 listening sessions that include witnesses from manufacturing sectors that the Secretary considers important. (e) Report on Progress and Trends in Manufacturing.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report that summarizes the progress and trends in United States manufacturing since the Secretary's 2004 report, ``Manufacturing in America: A Comprehensive Strategy to Address the Challenges to United States Manufacturers'', and 2009 report, ``A Framework for Revitalizing American Manufacturing''. (f) Biennial Manufacturer Survey and Report.-- (1) Survey.--Not later than 1 year after the date of the enactment of this Act and not less frequently than once every 2 years thereafter through fiscal year 2016, the Secretary shall conduct a survey of all persons with headquarters in the United States that maintain manufacturing facilities outside of the United States to identify-- (A) the categories of products manufactured at such facilities; and (B) the number of manufacturing jobs located at such facilities. (2) Promotion of development and competitiveness of manufacturing sector.--In carrying out each survey required by paragraph (1), the Secretary shall ensure that the information gathered is useful for understanding how policy can be tailored to promote development and competitiveness in the manufacturing sector. (3) Database.--The Secretary shall create and maintain a database of the information collected through each survey conducted pursuant to paragraph (1). (4) Report.--Not later than 90 days after conducting each survey required by paragraph (1), the Secretary shall submit to Congress a report on the most recent survey conducted pursuant to paragraph (1), including the following: (A) The findings of the Secretary with respect to such survey. (B) Longitudinal trends in United States manufacturing and the creation of manufacturing jobs in the United States.", "summary": "Directs the Secretary of Commerce to assess the U.S. economy to determine what goods the United States currently produces, where such goods are produced, which U.S. manufacturing sector is the most competitive in the global economy, and what policies are necessary to maintain or increase the competitiveness of U.S. manufacturing in the global economy. Requires the Secretary to: (1) develop and submit to Congress a comprehensive national manufacturing strategy; (2) establish and submit to Congress targets for the growth of U.S. manufacturing for each of FY2012-FY2016; (3) survey all federal agencies that provide support to U.S. manufacturers, and report survey results to Congress; (4) report to Congress on progress and trends in U.S. manufacturing since a specified 2004 report by the Secretary concerning manufacturing in America; and (5) biennially survey U.S. entities that maintain manufacturing facilities outside the United States, maintain a database on information collected through each survey, and submit each survey's results to Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Farm Vehicle Flexibility Act''. SEC. 2. GRANTS TO STATES. Chapter 311 of title 49, United States Code, is amended-- (1) in section 31101-- (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (B) by inserting after paragraph (1) the following: ``(2) `covered farm vehicle' means a motor vehicle (including an articulated motor vehicle)-- ``(A) that-- ``(i) is registered or otherwise designated by the State for use in, or transportation activities related to, the operation of farms; ``(ii) is equipped with a special registration plate or other State-issued designation to allow for identification of the vehicle as a farm vehicle by law enforcement personnel; ``(iii) is traveling in the State of registration or designation or in another State; ``(iv) is operated by-- ``(I) a farm owner or operator; ``(II) a ranch owner or operator; or ``(III) an employee or family member of an individual specified in subclause (I) or (II); ``(v) is transporting to or from a farm or ranch-- ``(I) agricultural commodities; ``(II) livestock; ``(III) agricultural supplies; or ``(IV) machinery, including machinery being transported for the purpose of performance of agricultural production activity or for the purpose of servicing or repairing the item being transported; ``(vi) is not used in the operations of a for-hire motor carrier; ``(vii) has a gross vehicle weight rating or gross vehicle weight, whichever is greater, that is-- ``(I) 26,001 pounds or less; or ``(II) greater than 26,001 pounds and is traveling within the State of registration or designation or within 150 air miles of the farm or ranch with respect to which the vehicle is being operated; and ``(viii) is not transporting materials that require a placard; or ``(B) that-- ``(i) meets the requirements under subparagraph (A) (other than clause (vi) of such subparagraph); ``(ii) is operated pursuant to a crop share farm lease agreement; ``(iii) is owned by a tenant with respect to that agreement; and ``(iv) is transporting the landlord's portion of the crops under that agreement.''; and (2) in section 31102-- (A) in subsection (b)(2)(E), by striking the period at the end and inserting a semicolon; (B) by redesignating subsection (e) as subsection (f); and (C) by inserting after subsection (d) the following: ``(e) Limitation of Authority; State Standards for Covered Farm Vehicles and Drivers.--The Secretary may not terminate, reduce, limit, or otherwise interfere with the amount or timing of grants that a State is otherwise eligible to receive under this title or title 23 as a result of any minimum standard or exemption provided by the State for a covered farm vehicle or the driver of such vehicle that is less stringent than the requirements for commercial motor vehicles and drivers established under title 49, Code of Federal Regulations, including requirements pertaining to-- ``(1) controlled substances and alcohol use and testing; ``(2) commercial driver's licensing; ``(3) driver qualifications; ``(4) medical certifications; ``(5) driving and operating commercial vehicles; ``(6) parts and accessories for the safe operation of commercial vehicles; ``(7) the maximum hours of service of drivers; ``(8) vehicle inspection repair and maintenance; ``(9) employee safety and health standards; and ``(10) recordkeeping related to compliance with such standards.''.", "summary": "Local Farm Vehicle Flexibility Act This bill prohibits the Department of Transportation from terminating, reducing, limitoing, or otherwise interfering with the amount or timing of grants a state is otherwise eligible to receive as a result of any minimum standard or exemption the state gives a covered farm vehicle or the driver of such vehicle less stringent than federal requirements for commercial motor vehicles and drivers. A covered farm vehicle means any motor vehicle meeting certain gross weight requirements and: registered or otherwise designated by a state for use in, or transportation activities related to, the operation of farms; operated by a farm or ranch owner or operator, or an employee or family member; transporting to or from a farm or ranch agricultural commodities, livestock, agricultural supplies, or machinery; and not used in the operations of a for-hire motor carrier, nor transporting materials requiring a placard. A covered farm vehicle may also be one meeting these requirements but operated pursuant to a crop share farm lease agreement, owned by a tenant under that agreement, and transporting the landlord's portion of the crops."}
{"article": "SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Economic Growth and Tax Relief Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Section 15 Not To Apply.--No amendment made by section 2 shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. REDUCTION IN INCOME TAX RATES FOR INDIVIDUALS. (a) In General.--Section 1 is amended by adding at the end the following new subsection: ``(i) Rate Reductions After 2000.-- ``(1) New lowest rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2000-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on taxable income not over the initial bracket amount shall be 12 percent (as modified by paragraph (2)), and ``(ii) the 15 percent rate of tax shall apply only to taxable income over the initial bracket amount. ``(B) Initial bracket amount.--For purposes of this subsection, the initial bracket amount is-- ``(i) $12,000 in the case of subsection (a), ``(ii) $10,000 in the case of subsection (b), and ``(iii) \\1/2\\ the amount applicable under clause (i) in the case of subsections (c) and (d). ``(C) Inflation adjustment.--In prescribing the tables under subsection (f) which apply with respect to taxable years beginning in calendar years after 2001-- ``(i) the Secretary shall make no adjustment to the initial bracket amount for any taxable year beginning before January 1, 2007, ``(ii) the cost-of-living adjustment used in making adjustments to the initial bracket amount for any taxable year beginning after December 31, 2006, shall be determined under subsection (f)(3) by substituting `2005' for `1992' in subparagraph (B) thereof, and ``(iii) such adjustment shall not apply to the amount referred to in subparagraph (B)(iii). If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. ``(2) Reductions in rates after 2001.--In the case of taxable years beginning in a calendar year after 2001, the corresponding percentage specified for such calendar year in the following table shall be substituted for the otherwise applicable tax rate in the tables under subsections (a), (b), (c), (d), and, to the extent applicable, (e). ------------------------------------------------------------------------ ``In the case of The corresponding percentages shall be taxable years substituted for the following percentages: beginning during -------------------------------------------- calendar year: 12% 28% 31% 36% 39.6% ------------------------------------------------------------------------ 2002............. 12% 27% 30% 35% 38% 2003............. 11% 27% 29% 35% 37% 2004............. 11% 26% 28% 34% 36% 2005............. 11% 26% 27% 34% 35% 2006 and 10% 25% 25% 33% 33% thereafter. ------------------------------------------------------------------------ ``(3) Adjustment of tables.--The Secretary shall adjust the tables prescribed under subsection (f) to carry out this subsection.''. (b) Repeal of Reduction of Refundable Tax Credits.-- (1) Subsection (d) of section 24 is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Section 32 is amended by striking subsection (h). (c) Conforming Amendments.-- (1) Subparagraph (B) of section 1(g)(7) is amended-- (A) by striking ``15 percent'' in clause (ii)(II) and inserting ``the first bracket percentage'', and (B) by adding at the end the following flush sentence: ``For purposes of clause (ii), the first bracket percentage is the percentage applicable to the lowest income bracket in the table under subsection (c).'' (2) Section 1(h) is amended-- (A) by striking ``28 percent'' both places it appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and inserting ``25 percent'', and (B) by striking paragraph (13). (3) Section 15 is amended by adding at the end the following new subsection: ``(f) Rate Reductions Enacted by Economic Growth and Tax Relief Act of 2001.--This section shall not apply to any change in rates under subsection (i) of section 1 (relating to rate reductions after 2000).''. (4) Section 531 is amended by striking ``equal to'' and all that follows and inserting ``equal to the product of the highest rate of tax under section 1(c) and the accumulated taxable income.''. (5) Section 541 is amended by striking ``equal to'' and all that follows and inserting ``equal to the product of the highest rate of tax under section 1(c) and the undistributed personal holding company income.''. (6) Section 3402(p)(1)(B) is amended by striking ``7, 15, 28, or 31 percent'' and inserting ``7 percent, any percentage applicable to any of the 3 lowest income brackets in the table under section 1(c),''. (7) Section 3402(p)(2) is amended by striking ``equal to 15 percent of such payment'' and inserting ``equal to the product of the lowest rate of tax under section 1(c) and such payment''. (8) Section 3402(q)(1) is amended by striking ``equal to 28 percent of such payment'' and inserting ``equal to the product of the third to the lowest rate of tax under section 1(c) and such payment''. (9) Section 3402(r)(3) is amended by striking ``31 percent'' and inserting ``the third to the lowest rate of tax under section 1(c)''. (10) Section 3406(a)(1) is amended by striking ``equal to 31 percent of such payment'' and inserting ``equal to the product of the third to the lowest rate of tax under section 1(c) and such payment''. (11) Section 13273 of the Revenue Reconciliation Act of 1993 is amended by striking ``28 percent'' and inserting ``the third to the lowest rate of tax under section 1(c) of the Internal Revenue Code of 1986''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2000. (2) Amendments to withholding provisions.--The amendments made by paragraphs (6), (7), (8), (9), (10), and (11) of subsection (c) shall apply to amounts paid after the 60th day after the date of the enactment of this Act. SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE. The amounts transferred to any trust fund under the Social Security Act shall be determined as if this Act had not been enacted. Passed the House of Representatives March 8, 2001. Attest: JEFF TRANDAHL, Clerk.", "summary": "Economic Growth and Tax Relief Act of 2001 - States that tax rate revisions made by this Act shall not be treated as a tax rate change for purposes of applying the pre-and post-change tax rates under section 15 of the Internal Revenue Code. (Such provision would otherwise apply two tax rates to income in the same tax year, depending upon effective date.)Amends the Code, as of tax year 2001, to establish (in addition to existing brackets) a 12 percent individual tax bracket for each filing status. Caps taxable income levels for the 12 percent bracket at: (1) $12,000 for married individuals filing jointly; (2) $10,000 for heads of households; and (3) $6,000 for unmarried individuals or married individuals filing separately. Applies the current 15 percent bracket to income levels above the 12 percent caps but below current 15 percent caps.Prohibits minimum bracket amount inflation adjustments through tax year 2006. Revises the cost-of-living adjustment formula, as of tax year 2007.Provides, beginning in tax year 2002, for specified reductions in the 12, (maintaining the revised 15 percent bracket without further change), 28, 31, 36, and 39.6 percent individual (and estate) brackets, so that as of 2006 and thereafter, there shall be four tax brackets of 10, 15, 25, and 33 percent.Repeals mandatory reductions in the additional (three or more children) child tax credit and the earned income credit for taxpayers subject to the alternative minimum tax.Revises current tax rates in conformity with the amendments made by this Act respecting: (1) accumulated corporate earnings; (2) personal holding companies; (3) voluntary withholding on certain Federal payments, unemployment benefits, gambling winnings, and Indian casino profits; (3) backup withholding; and (4) supplemental wage payments.States that amounts transferred to any Social Security Act trust fund shall be determined as if this Act had not been enacted."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Choice in Health Options Insures Care for Everyone (CHOICE) Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of American Trust Health Plan; administrative structure. Sec. 3. Finances. Sec. 4. Eligibility and enrollment. Sec. 5. Providers. Sec. 6. Benefits. Sec. 7. Premiums. SEC. 2. ESTABLISHMENT OF AMERICAN TRUST HEALTH PLAN; ADMINISTRATIVE STRUCTURE. (a) In General.--There is established an American Trust Health Plan (in this Act referred to as the ``American Trust Health Plan'' or the ``Plan'') or to provide for the offering to eligible individuals of health benefits coverage throughout the United States, including its territories. (b) Compliance With Requirements.-- (1) In general.--The American Trust Health Plan shall comply with all requirements that are applicable with respect to other health benefits plans to be offered through a National Health Insurance Exchange (as defined in subsection (e)), including (as specified in this Act) minimum benefit and cost- sharing requirements and premium rating requirements. (2) Exemption from state insurance regulations.--As a Federal health program, the American Trust Health Plan is not required to comply with the insurance regulations of the States to the extent health benefits plans offered through the National Health Insurance Exchange are exempt from such regulations. (3) Satisfaction of individual mandate requirement.--An individual's enrollment with the Plan shall be treated as satisfying any requirement under Federal law for the individual to demonstrate enrollment in health insurance or benefits coverage. (c) Plan Administration.-- (1) Administrator.--The American Trust Health Plan shall be administered by an Office of American Trust Health Administration (in this Act referred to as the ``Office'') within the Department of Health and Human Services. The Office shall be headed by an Administrator (in this Act referred to as the ``Administrator'') who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Compensation.--The Administrator shall be entitled to compensation at the level II of the Executive Schedule (under section 5313 of title 5, United States Code). (3) Limitation.--The Administrator and the Office shall not participate in the administration of any regulation regarding the health insurance market or in the administration of the National Health Insurance Exchange. (4) General authority.--The Administrator shall have the same general authorities with respect to personnel and operations of the Office as the heads of other agencies and departments of the Federal Government have with respect to such agencies and departments. (d) Advisory Board.-- (1) In general.--The Administrator shall be advised by an Advisory Board (in this Act referred to as the ``Advisory Board'') composed of 7 individuals appointed by the President. The President shall nominate individuals to serve on the Advisory Board in a manner that provides for inclusion on the Board of individuals who-- (A) represent the interests of patients or consumers; (B) represent the interests health care providers, at least one of whom is a physician; and (C) are experts in health care quality measurements and reporting. (2) Duties.--The Advisory Board shall advise the Administrator regarding the operation of the American Trust Health Plan and the Administrator shall consult with the Advisory Board not less often than quarterly and before making any annual changes in benefits under Plan. (3) Terms, compensation, chair, meetings, etc.--The provisions of paragraphs (2)(D), (3), (4), (5), and (6) of section 1805(c) of the Social Security Act (42 U.S.C. 1395b- 6(c)) shall apply with respect to the Advisory Board and the President under this section in the same manner as such provisions apply to the Medicare Payment Advisory Commission and the Comptroller General, respectively, under section 1805 of such Act. (4) Financing.--Within the budget established for the operation of the Plan, the Administrator shall provide for payment for the costs of operation of the Advisory Board. (e) National Health Insurance Exchange Defined.--In this Act, the term ``National Health Insurance Exchange'' means a mechanism established or recognized under Federal law for coordinating the offering of health benefits coverage to individuals in the United States (and includes such a mechanism that may be operated at a State or regional level) through the establishment of standards for benefits and cost-sharing and for premiums for such health benefits coverage. SEC. 3. FINANCES. (a) Self-Financing.--The American Trust Health Plan shall be financially self-sustaining insofar as funds to operate the Plan, including costs of benefits, administration, and marketing, shall be derived from premiums for individuals enrolled under the Plan. The Plan is eligible to accept subsidies, including subsidies for the enrollment of such individuals, in the same manner and to the same extent as other health benefits plans offered through a National Health Insurance Exchange are eligible to accept subsidies. (b) Contingency Reserve.--The Administrator shall establish and fund a contingency reserve for the Plan in a form similar to that of a contingency reserve for health benefits plans under the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code. SEC. 4. ELIGIBILITY AND ENROLLMENT. (a) Eligibility.-- (1) In general.--Any individual who is made eligible to purchase coverage with a health benefits plan through the National Health Insurance Exchange is eligible to enroll with the American Health Trust Plan. (2) Employer enrollment.--To the extent provided by the National Health Insurance Exchange with respect to health benefits coverage offered through the Exchange, employers are eligible to purchase coverage for, and enroll their employees and dependents with, the Plan. (b) Annual Open Enrollment Period.--The Administrator shall determine a yearly period of open enrollment for eligible individuals of not less than four consecutive weeks. Such a period shall be consistent with any similar annual open enrollment period established by the National Health Insurance Exchange for health benefits plans offered through the Exchange. (c) Notices of Significant Changes.-- (1) In general.--No significant change shall be made under the Plan except with public notice and on an annual basis and consistent with rules established by the National Health Insurance Exchange for health benefits coverage offered through the Exchange. (2) Significant change defined.--In this subsection, the term ``significant change'' includes any change in benefits, copayments, deductibles, or premiums. SEC. 5. PROVIDERS. (a) Access to Medicare Provider Network.-- (1) In general.--Except as provided in paragraph (2), any health care provider that is eligible for and accepts reimbursement for services under the Medicare program under title XVIII of the Social Security Act (in this section referred to as the ``Medicare'') shall, as a condition of continuing to participate under such program, also participate under the American Health Trust Plan. (2) Exception.--Paragraph (1) shall not be construed as requiring a provider to accept new patients due to bona fide capacity limitations of the provider. (b) Reimbursement Levels.-- (1) In general.--The Administrator shall provide for payment to health care providers for covered services at rates not less, on average and in the aggregate nationally, than 105 percent of the payment rates recognized for such services (or substantially similar services) under Medicare. In the case of those services which are covered under the Plan but are not covered under Medicare, the Administrator shall seek to apply payment rates and methodologies similar to those described in the previous sentence. (2) Adjustment.--The Administrator, in determining the competitiveness of the Plan within different markets and compared to other health benefits plans offered through the National Health Insurance Exchange, may increase the payment rates for health care providers above the rate otherwise provided under paragraph (1). (3) GPCI floors.--In applying paragraph (1), the work and practice expense geographic indices applied under section 1848(e)(1) of the Social Security Act for any locality shall not be less than 1.00. (c) Adoption of Medicare Reforms.--The Plan may adopt Medicare system delivery reforms that provide patients with a coordinated system of care and make changes to the provider payment structure. SEC. 6. BENEFITS. (a) In General.--The Administrator shall specify the benefits to be provided under the Plan consistent with this section and in consultation with the Advisory Board. (b) Minimum Benefit Level.--The Plan may offer coverage with differing benefit levels so long as such benefits and levels are consistent with the benefits and levels of benefits required to be offered by health benefits plans under the National Health Insurance Exchange, and shall include the offering of at least one benefit level which closely reflects the lowest benefit level that may be offered by a health benefits plan through such Exchange. SEC. 7. PREMIUMS. (a) In General.--The Administrator shall specify the levels of premiums for coverage under the Plan so long as they-- (1) are based upon a system of rating that is consistent with rating rules that is established for health benefits plans offered through the National Health Insurance Exchange; (2) do not take into account health status related factors for any individual enrollee; and (3) are designed to provide sufficient funds to meet the requirement of section 3(a). (b) Rating Rules.--To the extent permitted for health benefits plans offered through the National Health Insurance Exchange, the premiums for the Plan shall vary based on geographic area and family size and may vary based on tobacco usage of an enrollee or other factors permitted for health benefits plans offered through the Exchange.", "summary": "Choice in Health Options Insures Care for Everyone (CHOICE) Act of 2009 - Establishes the American Trust Health Plan to offer eligible individuals health benefits coverage. Requires the Plan to comply with all requirements that are applicable with respect to other health benefit plans to be offered through a National Health Insurance Exchange. (The Exchange has not yet been established.) Exempts the Plan from state insurance regulations. Treats enrollment with the Plan as satisfying any requirement under federal law for the individual to demonstrate enrollment in health insurance or benefits coverage. Sets forth provisions regarding administration of the Plan. Requires the Plan to be financially self-sustaining insofar as funds to operate the Plan shall be derived from premiums of individuals enrolled under the Plan. Makes the Plan eligible to accept subsides to the same extent as other health benefit plans offered through an Exchange. Prohibits significant changes to the Plan without public notice. Conditions a health care provider's continued participation in the Medicare program on participation in the American Trust Health Plan. Sets payment for health care providers under the Plan at 105% of the payment rates under Medicare. Requires the Administrator of the Plan to set the benefit level and the premiums."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Line Pension Act of 2003''. SEC. 2. MODIFICATION OF FUNDING REQUIREMENTS FOR CERTAIN PLANS. (a) Funding Rules for Certain Plans.-- (1) In general.--Notwithstanding any provision of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974 to the contrary, the provisions of subsections (b), (c), and (d) shall apply for any plan year beginning after December 27, 2002, in the case of a defined benefit plan-- (A) that is established and maintained by a commercial passenger air carrier; and (B) that has a funded percentage of less than 80 percent as of January 1, 2003. (2) Funded percentage.--For purposes of this section, the term ``funded percentage'' means the quotient (expressed as a percentage) derived by dividing-- (A) the market value of plan assets as of January 1, 2003 (excluding receivable contributions), by (B) the current liability of the plan as of January 1, 2003. (3) Interest rate.--In determining current liability for purposes of paragraph (2), the assumed interest rate shall be 6.65 percent. (4) Estimation of current liability.--If the valuation date for the plan is not January 1, 2003, the current liability as of January 1, 2003, shall be estimated based on generally accepted actuarial principles and practices. (b) Moratorium on Deficit Reduction Contribution.-- (1) In general.--In applying section 412(l)(9)(A) of such Code and section 302(d)(9)(A) of such Act with respect to a plan described in subsection (a)(1), the funded current liability percentage of the plan shall be treated as not less than 90 percent for plan years beginning after December 27, 2002 and before December 27, 2007. (2) Termination of moratorium in certain cases.--If the funded current liability percentage of the plan, without application of paragraph (1), is 90 percent or greater during any plan year beginning after December 27, 2002 and before December 27, 2007, paragraph (1) shall cease to apply to the plan for plan years beginning with or after such plan year. (3) Extension of amortization periods.--For plan years for which paragraph (1) applies in the case of the plan, net experience gains and net experience losses shall be amortized under sections 412(b)(2)(B)(iv) and 412(b)(3)(B)(ii) of such Code (respectively) and sections 302(b)(2)(B)(iv) and 302(b)(3)(B)(ii) of such Act (respectively), over a period of 15 plan years. (4) Option to combine or to offset amortization bases.--For the first plan year for which paragraph (1) applies with respect to the plan, amounts required to be amortized under paragraphs (2) and (3) of section 412(b) of such Code and paragraphs (2) and (3) of section 302(b) of such Act may be combined into one amount under such sections, and may be offset against other amounts required to be amortized under such sections, with the resulting amount in either case to be amortized over a period of 15 plan years. (c) Amortization of 2008 Unfunded Current Liability.-- (1) In general.--In such form and manner as the Secretary of the Treasury may prescribe, the sponsor of a plan described in subsection (a)(1) may make a one-time, irrevocable election with the Secretary of the Treasury to amortize the unfunded current liability for the first plan year beginning after December 27, 2007, on an interest-only basis for the first 5 plan years (beginning with such first plan year) and thereafter in equal annual installments over a period of 15 plan years (beginning with the first plan year after December 27, 2012). (2) Determination of 2008 unfunded current liability in calculating deficit reduction contribution after moratorium ends.--If the plan sponsor makes an election under paragraph (1) with respect to the plan, the unfunded current liability of the plan for the first plan year after December 27, 2007, shall be calculated as follows: (A) such unfunded current liability shall equal the unfunded current liability as of the first day of such first plan year, and (B) such unfunded current liability shall be calculated using the actuarial value of assets as of the first day of such first plan year. (3) Use of 2008 unfunded current liability in calculating deficit reduction after moratorium ends.--If the plan sponsor makes an election under paragraph (1) with respect to the plan, the plan's unfunded old liability, for purposes of section 412(l) of such Code and section 302(l) of such Act, shall be deemed equal to the unfunded current liability calculated under paragraph (2) for the first plan year after December 27, 2007, and the plan's unfunded old liability amount for any plan year, for purposes of section 412(l) of such Code and section 302(l) of such Act, shall be the amount necessary to amortize the unfunded old liability under the plan as described in paragraph (1). (4) Cessation of modifications.--If the funded current liability percentage of the plan, determined without regard to this section, is 90 percent or greater for any plan year after December 27, 2002, this subsection shall cease to apply to the plan for plan years beginning with or after such plan year. (d) Recognition of Waiver in Deficit Reduction Contribution.--For any plan described in subsection (a)(1), the amount referred to in clause (ii) of section 412(l)(8)(A) of such Code and section 302(d)(8)(A) of such Act shall be deemed to be an amount equal to the sum of-- (1) the value of the plan's assets determined under section 412(c)(2) of such Code and section 302(c)(2) of such Act, and (2) the unamortized portion of any waived funding deficiency. SEC. 3. RESTORATION OF CERTAIN PLANS TERMINATING IN 2003. (a) In General.--Notwithstanding any provision of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974, the provisions of subsection (b) shall apply to any defined benefit plan-- (1) that is maintained by a commercial passenger air carrier, (2) that is maintained for the benefit of such carrier's employees pursuant to a collective bargaining agreement, and (3) that terminated during the calendar year 2003. (b) Restoration of Plan.--Not later than December 31, 2003, the Pension Benefit Guaranty Corporation shall restore any plan described in paragraph (1) to the plan's pre-termination status and the control of the plan's assets and liabilities shall be transferred to the employer, unless the collective bargaining agreement provides that the plan should not be restored. (c) Exclusion of Expected Increase in Current Liability.--In applying section 412(l)(1)(A)(i) of such Code and section 302(d)(1)(A)(i) of such Act with respect to a plan restored under subsection (b), any expected increase in current liability due to benefits accruing during each plan year as described in section 412(1)(2)(C) of such Code and section 302(d)(2)(C) of such Act shall be excluded. (d) Amortization of Unfunded Amounts Under Restoration Payment Schedule.-- (1) 2004 unfunded accrued liability.-- (A) In general.--In the case of a plan restored under subsection (b)-- (i) the initial post-restoration valuation date for a plan described in subsection (a) shall be January 1, 2004, (ii) the initial restoration amortization base for a plan described in subsection (a) shall be an amount equal to the excess of-- (I) the accrued benefit liabilities returned by the Corporation, over (II) the market value of plan assets returned by the Corporation, and (iii) the initial restoration amortization base shall be amortized in level annual installments over a period of 30 years after the initial post-restoration valuation date, and the funding standard account of the plan under section 412 of such Code and section 302 of such Act shall be charged with such installments. (B) Other special funding rules remain applicable.--At the election of the plan sponsor, the provisions of subsections (b), (c), and (d) of section 2 shall apply with respect to the plan. (2) Rules of special application.--In applying the 30-year amortization described in paragraph (1)(A)-- (A) the assumed interest rate shall be the valuation interest rate used to determine the accrued liability under section 412(c) of such Code and section 302(c) of such Act, (B) the actuarial value of assets as of the initial post-restoration valuation date shall be reset to the market value of assets with a 5-year phase-in of unexpected investment gains or losses on a prospective basis, and (C) for plans using the frozen initial liability (FIL) funding method in accordance with section 412(c) of such Code and section 302(c) of such Act, the initial unfunded liability used to determine normal cost shall be reset to the initial restoration amortization base. (e) Quarterly Contributions.--The requirements of section 412(m) of such Code and section 302(e) of such Act shall not apply to a plan restored under subsection (b) until the plan year beginning on the initial post-restoration valuation date. The required annual payment for that year shall be the lesser of-- (1) the amount determined under section 412(m)(4)(B)(i) of such Code and section 302(e)(4)(B)(i) of such Act, or (2) 100 percent of the amount required to be contributed under the plan for the plan year beginning January 1, 2003 and ending on the date of plan termination. (f) Resetting of Funding Standard Account Balances.--In the case of a plan restored under subsection (b), any accumulated funding deficiency or credit balance in the funding standard account under section 412 of such Code or section 302 of such Act shall be set equal to zero as of the initial post-restoration valuation date. SEC. 4. PBGC LIABILITY LIMITED. In the case of any plan-- (1) which is described in section 2(a)(1), and which terminates at a time when section 2(b)(1) applies to the plan, or at a time when the unfunded current liability of the plan for the first plan year after December 27, 2007, is being amortized on an interest-only basis under section 2(c), or (2) which is described in section 3(a), which is restored pursuant to section 3(b), and which subsequently terminates with a date of plan termination prior to the end of the fifth plan year beginning after December 27, 2007, section 4022 of the Employee Retirement Income Security Act of 1974 shall be applied as if the plan had been amended to provide that participants would receive no credit for benefit accrual purposes under the plan for service on and after the first day of the plan year beginning after the date of the enactment of this Act. SEC. 5. EFFECTIVE DATE. The provisions of this Act shall apply to plan years beginning after December 27, 2002.", "summary": "Air Line Pension Act of 2003 - Sets forth special funding requirements for certain pension plans maintained by commercial passenger air carriers (plans), notwithstanding any contrary provisions of the Internal Revenue Code or of the Employee Retirement Income Security Act of 1974 (ERISA). Provides for such plans, if they have a funded percentage of less than 80 percent as of January 1, 2003, the following: (1) modifications of funding rules, including funded percentage, assumed interest rate for determining current liability, and estimation of current liability; (2) a moratorium on the deficit reduction contribution, under specified conditions; (3) a one-time amortization of 2008 unfunded current liability; and (4) recognition of a waiver in the deficit reduction contribution. Provides for such plans, if they are maintained for benefit of the carrier's employees pursuant to a collective bargaining agreement and if they terminated during calendar year 2003, the following: (1) restoration by the Pension Benefit Guaranty Corporation (PBGC) to the plan's pre-termination status and transfer of control of plan assets and liabilities to the employer, unless the collective bargaining agreement provides that the plan should not be restored; (2) exclusion of any expected increase in current liability due to benefits accruing during each plan year; (3) amortization of unfunded amounts under the restoration payment schedule; (4) inapplicability of certain contribution requirements to a restored plan until a plan year beginning on the initial post-restoration valuation date, with modified required annual payments; and (5) resetting of funding standard account balances. Limits PBGC liability with respect to certain plans under this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``True Understanding of the Economy and Safety Act'' or the ``TRUE Safety Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the trucking industry is the backbone of the Nation's economy, with nearly 7 million Americans working in trucking- related jobs, including more than 3 million commercial truck drivers; (2) 80 percent of all communities in the United States depend solely on trucks to deliver and supply their essential everyday commodities; (3) Federal regulations governing the hours of service for commercial truck drivers must be based on full and fair scientific research, analysis, and operational testing; (4) the restart rule that became effective on July 1, 2013, was based mainly on a one-month sleep study conducted in a laboratory setting; (5) the new restart rule will cost the trucking industry up to $376,000,000 annually, reducing productivity, impacting driver pay, and increasing the cost to deliver goods; and (6) the restart rule should not have become effective prior to completion of the thorough operational study required by section 32301 of the Moving Ahead for Progress in the 21st Century Act or MAP-21 (Public Law 112-141; 126 Stat. 786). SEC. 3. GAO ASSESSMENTS. (a) Assessment of Methodology for MAP-21 Restart Study.-- (1) In general.--After completion of the field study and submission of the report regarding such study by the Administrator of the Federal Motor Carrier Safety Administration, required by section 32301 of MAP-21, the Comptroller General shall conduct an assessment of the methodology followed by the Secretary of Transportation in carrying out the efficacy of the restart rule published on December 27, 2011. (2) Purpose.--The purpose of the assessment shall be to assess the extent to which the methodology meets the requirement of MAP-21 that-- (A) the data collected is representative of the drivers subject to the restart rule; (B) the methodology is statistically valid; and (C) the study followed the plan for the ``Scheduling and Fatigue Recovery Project'' developed by the Federal Motor Carrier Safety Administration. (b) Assessment of Regulatory Impact Analysis.-- (1) In general.--The Comptroller General shall conduct an assessment of the Regulatory Impact Analysis that accompanied the final rule published by the Department of Transportation in the Federal Register on December 27, 2011, entitled ``Hours of Service of Drivers'' (76 Fed. Reg. 81134). (2) Purpose.--The purpose of the GAO assessment shall be-- (A) to conduct an analysis of the methodology and data used by the Federal Motor Carrier Safety Administration in its Regulatory Impact Analysis; (B) to evaluate the validity and representativeness of the driver data used to evaluate the operational and economic impacts of the new 34-hour restart rule applicable to operators of commercial motor vehicles; (C) to conduct an analysis of the data and methodology used to develop the proposed safety and health benefits of the new 34-hour restart rule applicable to operators of commercial motor vehicles; (D) to review the safety, health, cost, and operational implications of the restart rule, and the potential impact of a greater number of commercial motor vehicles on major roads during ``morning commutes'' as a result of the restart rule; and (E) review the research used in developing and justifying the new restart rule, particularly as it relates to the use of a laboratory test to justify the rule rather than an operational test in the field. (c) Reports.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a final report to the appropriate committees of Congress on the assessments required under subsections (a) and (b), including any recommendations. SEC. 4. DELAY IN APPLICATION OF RULE. (a) Delay in Application of Rule.--Effective as of the date of enactment of this Act, the restart rule published by the Department of Transportation in the Federal Register on December 27, 2011, shall have no force or effect until 6 months after the study report required by this Act has been submitted to Congress. (b) Application of Previous Rule Provision.--For the period specified under subsection (a), the 34-hour restart rule issued on April 28, 2003 (68 Fed. Reg. 22456), shall be in effect. (c) December 2011 Rule.--The Secretary shall not apply the rule described in subsection (a) if the conclusions of the operational study completed pursuant to MAP-21 do not support or concur with the conclusions of the laboratory study on which the rule was based.", "summary": "True Understanding of the Economy and Safety Act or TRUE Safety Act - Directs the Comptroller General (GAO), after the Administrator of the Federal Motor Carrier Safety Administration (FMCSA) reports to Congress on an hours of service field study, to assess the methodology followed by the Secretary of Transportation (DOT) in carrying out the efficacy of the restart rule ("Hours of Service of Drivers") published on December 27, 2011, which applies to operators of commercial motor vehicles of property subject to maximum DOT driving time requirements. Requires the assessment to evaluate the extent to which that methodology meets the requirements of the Moving Ahead for Progress in the 21st Century Act (MAP-21) that: (1) the data collected is representative of the drivers subject to the restart rule, (2) the methodology is statistically valid, and (3) the study followed the FMCSA plan for the "Scheduling and Fatigue Recovery Project." Directs GAO to assess the Regulatory Impact Analysis that accompanied the final 2011 restart rule. Nullifies the 2011 restart rule until six months after the study report required by this Act has been submitted to Congress. Prohibits the Secretary from applying the restart rule if the conclusions of the field study completed pursuant to MAP-21 do not support or concur with the conclusions of the laboratory study on which the rule was based."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Safety Whistleblower Act''. SEC. 2. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND PROTECTIONS. (a) In General.--Subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 30172. WHISTLEBLOWER INCENTIVES AND PROTECTIONS. ``(a) Definitions.--In this section: ``(1) Covered action.--The term `covered action' means any administrative or judicial action, including any related administrative or judicial action, brought by the Secretary or the Attorney General under this chapter that in the aggregate results in monetary sanctions exceeding $1,000,000. ``(2) Monetary sanctions.--The term `monetary sanctions' means monies, including penalties and interest, ordered or agreed to be paid. ``(3) Original information.--The term `original information' means information that-- ``(A) is derived from the independent knowledge or analysis of an individual; ``(B) is not known to the Secretary from any other source, unless the individual is the original source of the information; and ``(C) is not exclusively derived from an allegation made in a judicial or an administrative action, in a governmental report, a hearing, an audit, or an investigation, or from the news media, unless the individual is a source of the information. ``(4) Part supplier.--The term `part supplier' means a manufacturer of motor vehicle equipment. ``(5) Successful resolution.--The term `successful resolution' includes any settlement or adjudication of a covered action. ``(6) Whistleblower.--The term `whistleblower' means any employee or contractor of a motor vehicle manufacturer, part supplier, or dealership who voluntarily provides to the Secretary original information relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter which is likely to cause unreasonable risk of death or serious physical injury. ``(b) Awards.-- ``(1) In general.--If the original information that a whistleblower provided to the Secretary led to the successful resolution of a covered action, the Secretary, subject to subsection (c) and under the regulations promulgated under subsection (i), may pay an award or awards to 1 or more whistleblowers in an aggregate amount of not more than 30 percent, in total, of collected monetary sanctions. ``(2) Payment of awards.--Any amount payable under paragraph (1) shall be paid from the monetary sanctions collected, and any monetary sanctions so collected shall be available for such payment. ``(c) Determination of Awards; Denial of Awards.-- ``(1) Determination of awards.-- ``(A) Discretion.--The determination of whether, to whom, or in what amount to make an award shall be in the discretion of the Secretary. ``(B) Criteria.--In determining an award made under subsection (b), the Secretary shall take into consideration-- ``(i) if appropriate, whether a whistleblower reported or attempted to report the information internally to an applicable motor vehicle manufacturer, part supplier, or dealership; ``(ii) the significance of the original information provided by the whistleblower to the successful resolution of the covered action; ``(iii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in the covered action; and ``(iv) such additional factors as the Secretary considers relevant. ``(2) Denial of awards.--No award under subsection (b) shall be made-- ``(A) to any whistleblower who is convicted of a criminal violation related to the covered action for which the whistleblower otherwise could receive an award under this section; ``(B) to any whistleblower who, acting without direction from an applicable motor vehicle manufacturer, part supplier, or dealership, or agent thereof, deliberately causes or substantially contributes to the alleged violation of a requirement of this chapter; ``(C) to any whistleblower who submits information to the Secretary that is based on the facts underlying the covered action submitted previously by another whistleblower; or ``(D) to any whistleblower who fails to provide the original information to the Secretary in such form as the Secretary may require by regulation. ``(d) Representation.--A whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. ``(e) No Contract Necessary.--No contract with the Secretary is necessary for any whistleblower to receive an award under subsection (b). ``(f) Appeals.-- ``(1) In general.--Any determination made under this section, including whether, to whom, or in what amount to make an award, shall be in the discretion of the Secretary. ``(2) Appeals.--Any determination made by the Secretary under this section may be appealed by a whistleblower to the appropriate court of appeals of the United States not later than 30 days after the determination is issued by the Secretary. ``(3) Review.--The court shall review the determination made by the Secretary in accordance with section 706 of title 5, United States Code. ``(g) Protection of Whistleblowers; Confidentiality.-- ``(1) In general.--Notwithstanding section 30167, and except as provided in paragraphs (2) and (3) of this subsection, the Secretary, and any officer or employee of the Department of Transportation, shall not disclose any information, including information provided by a whistleblower to the Secretary, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, United States Code, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Secretary or any entity described in paragraph (3). For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of that section. ``(2) Effect.--Nothing in this subsection is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. ``(3) Availability to government agencies.-- ``(A) In general.--Without the loss of its status as confidential in the hands of the Secretary, all information referred to in paragraph (1) may, in the discretion of the Secretary, when determined by the Secretary to be necessary or appropriate to accomplish the purposes of this chapter and in accordance with subparagraph (B), be made available to the following: ``(i) The Department of Justice. ``(ii) An appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction. ``(B) Maintenance of information.--Each entity described in subparagraph (A) shall maintain information described in that subparagraph as confidential, in accordance with the requirements in paragraph (1). ``(h) Provision of False Information.--A whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18. ``(i) Regulations.--Not later than 1 year after the date of enactment of the Motor Vehicle Safety Whistleblower Act, the Secretary shall promulgate regulations to implement the requirements of this section.''. (b) Rule of Construction.-- (1) Original information.--Information submitted to the Secretary of Transportation by a whistleblower in accordance with the regulations to implement the requirements of section 30172, United States Code, shall not lose its status as original information solely because the whistleblower submitted the information prior to the effective date of the regulations if that information was submitted after the date of enactment of this Act. (2) Awards.--A whistleblower may receive an award under section 30172, United States Code, regardless of whether the violation underlying the covered action occurred prior to the date of enactment of this Act. (c) Conforming Amendments.--The table of contents of subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``30172. Whistleblower incentives and protections.''.", "summary": "Motor Vehicle Safety Whistleblower Act - Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily provide the Secretary of Transportation (DOT) information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury. Authorizes the Secretary to pay awards to one or more whistleblowers in an aggregate amount of up to 30% of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million. Prohibits an award to any whistleblower who knowingly and willfully makes false representations. Subjects such a whistleblower to criminal penalties."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Autoimmune Diseases Research and Prevention Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) The term ``autoimmune disease'' refers to a varied group of more than 80 serious, chronic illnesses that involve the human organ system, the nervous, gastrointestinal and endocrine systems, the skin and other connective tissues, eyes, and blood and blood vessels. (2) These diseases include, but are not limited to, Epstein-Barr virus, lupus, rheumatoid arthritis, scleroderma, multiple sclerosis, Guillain-Barre syndrome, Hashimoto's thyroiditis, Graves' disease, and vasculitis syndromes. (3) 50 million Americans are afflicted with some form of autoimmune disease. (4) 75 percent of autoimmune diseases occur in women, most frequently during but not limited to the childbearing years. (5) Taken together, autoimmune diseases represent the fourth largest cause of disability among women in the United States. (6) Female-to-male ratios in autoimmune diseases are dramatically skewed toward women, in some cases by ratios as high as 50 to 1. (7) Autoimmune diseases remain among the most poorly understood and poorly recognized of any category of illnesses; while science suggest they may have a genetric component, they can cluster in families as different illnesses. (8) To help women live longer, healthier lives, more research is needed to shed light on genetic as well as hormonal and environmental risk factors that contribute to the causes of these diseases, as well as providing early diagnosis and treatment. SEC. 3. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING AUTOIMMUNE DISEASES ON WOMEN. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section: ``SEC. 399O. AUTOIMMUNE DISEASES IN WOMEN. ``(a) Definition.--In this section, an `autoimmune disease' means an illness in which the body's immune system becomes misdirected, attacking the organs it was designed to protect. It includes, but is not limited to, Epstein-Barr virus, lupus, rheumatoid arthritis, scleroderma, multiple sclerosis, Guillain-Barre syndrome, Hashimoto's throiditis, Graves disease, and vasculitis syndromes. ``(b) In General.--The Director of the Office on Women's Health in the Department of Health and Human Services shall expand, intensify, and coordinate research and related activities of the Department with respect to autoimmune diseases in women. ``(c) Coordination With Other Institutes.--The Director of the Office on Women's Health shall coordinate activities under subsection (b) with other similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to autoimmune diseases in women. ``(d) Certain Programs.--In carrying out subsection (b), the Director of the Office of Women's Health shall conduct or support research to expand the understanding of the causes of, and develop methods for preventing, autoimmune diseases in women. Activities under such subsection shall include conducting and supporting the following: ``(1) Research to determine the prevalence of autoimmune diseases in women, including African American women and other women who are members of racial or ethnic minority groups. ``(2) Basic research concerning the etiology and causes of autoimmune diseases in women, including genetic, hormonal, and environmental factors. ``(3) Epidemiological studies to address the frequency and natural history of such diseases and the differences among men and women, and among racial and ethnic groups, with respect to such diseases. ``(4) The development of safe, efficient, and cost- effective diagnostic approaches to evaluating women with suspected autoimmune diseases. ``(5) Clinical research for the development and evaluation of new treatments for women, including rehabilitation. ``(6) Studies to gain a better understanding of methods of preventing autoimmune diseases in women. ``(7) Information and education programs for patients and health care providers on genetic, hormonal, and environmental risk factors associated with autoimmune diseases in women, and on the importance of the prevention or control of such risk factors and timely referral with appropriate diagnosis and treatment. Such programs shall include information and education on the prevalence and nature of autoimmune diseases in women, and on health-related behaviors that can improve certain risk factors. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2007. The authorization of appropriations established in the preceding sentence is in addition to any other authorization of appropriation that is available for such purpose.''.", "summary": "Women's Autoimmune Diseases Research and Prevention Act - Amends the Public Health Service Act to require the Director of the Office on Women's Health in the Department of Health and Human Services to expand, intensify, and coordinate research and related activities of the Department with respect to autoimmune diseases in women. Requires such efforts to examine: (1) disease prevalence in women; (2) the etiology and causes of such diseases; (3) epidemiology and gender and ethnic differences; (4) diagnostic approaches; (5) new treatments; and (6) prevention and education programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Redundant Remapping Reform Act of 2011''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Federal Emergency Management Agency; (2) the term ``covered period'' means-- (A) with respect to a levee for which the Army Corps of Engineers has entered into a cost sharing agreement, the 48-month period beginning on the date on which the Army Corps of Engineers makes available any funds required to be made available by the Army Corps of Engineers under the agreement; and (B) with respect to a levee not described in subparagraph (A), the 48-month period beginning on the date on which the Administrator commences an update of a National Flood Insurance Program rate map that includes an area protected by the levee; (3) the term ``National Flood Insurance Program'' means the program established under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.); and (4) the term ``qualified levee'' means a levee that is being constructed or modified, if the owner of the levee enters into an agreement with the Administrator that the construction or modification will be completed before the end of a covered period relating to the qualified levee. SEC. 3. REMAPPING OF AREAS PROTECTED BY CERTAIN LEVEES. (a) Levees Undergoing Accreditation.--The Administrator may not update or publish a National Flood Insurance Program rate map during a covered period with respect to an area that is protected by a levee-- (1) for which a community or other party has sought recognition under section 65.10 of title 44, Code of Federal Regulations, or any successor thereto; and (2) with respect to which the Administrator has not issued a Letter of Final Determination. (b) Levees Undergoing Planning, Construction, or Rehabilitation.-- (1) Prohibition.--Except as provided in paragraph (2), the Administrator may not update or publish a National Flood Insurance Program rate map during a covered period with respect to an area that is protected by a qualified levee that is being planned, constructed, or rehabilitated, if the scheduled completion date for the planning, construction, or rehabilitation occurs during the covered period. (2) Exceptions.--The Administrator may update or publish a National Flood Insurance Program rate map during a covered period with respect to an area that is protected by a qualified levee described in paragraph (1)-- (A) on or after the date on which the construction or rehabilitation of the qualified levee is completed; or (B) on or after the date on which the Administrator determines that the planning, construction, or rehabilitation of the qualified levee is experiencing an indefinite delay. (3) Scheduled completion date.--For purposes of this subsection, the scheduled completion date for planning, construction, or rehabilitation of a qualified levee shall be determined by an engineer responsible for the design, modification, or construction of the qualified levee, taking into consideration the actual condition of the qualified levee. (c) Notification of Affected Persons.-- (1) Draft notice.--Not later than 60 days after the date of enactment of this Act, the Administrator shall publish a notice to be used by owners of qualified levees subject to this section to disclose to persons affected by the qualified levees-- (A) information relating to the possible dangers of living in an area affected by the qualified levees without flood insurance coverage; (B) information relating to the availability of flood insurance coverage; and (C) any other information that the Administrator determines is necessary. (2) Notice by owners of levees.-- (A) In general.--Except as provided in subparagraph (B), not later than 30 days after the commencement of a covered period, the owner of the qualified levee to which the covered period relates shall provide the notice published under paragraph (1) to each person identified by the owner of the qualified levee as a person affected by the qualified levee. (B) Exception.--In the case of a covered period that commences before the date on which the Administrator publishes the notice under paragraph (1), the owner of the qualified levee to which the covered period relates shall provide the notice required under subparagraph (A) to each person identified by the owner of the qualified levee as a person affected by the qualified levee as soon as practicable after the date on which the Administrator publishes the notice. (d) Reporting Requirements.--During a covered period relating to a qualified levee, the owner of the qualified levee (or a designee of the owner) shall submit to the Administrator a quarterly report that contains-- (1) a description of the progress of the construction or modification of the qualified levee; and (2) an estimate of the scheduled completion date of the construction or modification of the qualified levee, as determined by an engineer responsible for the design, modification, or construction of the qualified levee, taking into consideration the actual condition of the qualified levee.", "summary": "Redundant Remapping Reform Act of 2011 - Prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from updating or publishing a National Flood Insurance Program rate map during a covered period with respect to an area protected by a levee that is undergoing accreditation, planning, construction, or rehabilitation. Instructs the Administrator to publish a notice to be used by owners of qualified levees to disclose to persons affected by such levees. Requires owners of qualified levees to provide such notice to each person identified as affected by the qualified levee."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fan Freedom and Community Protection Act of 1995''. SEC. 2. FINDINGS. Congress finds the following: (1) The name of a professional sports team is always linked to the name of the community in which it is located. (2) Communities, sports fans, and taxpayers make a substantial and valuable financial, psychological, and emotional investment in their teams and their teams' names. (3) Professional sports teams promote civic pride, and generate jobs, revenues, and other local economic development. (4) Professional sports teams remain in communities for generations and represent much more than a business. (5) Current law does not protect the rights of sports fans nor the interests of communities when a professional sports team decides to relocate. (6) Professional sports team owners are positioned to extract enormous benefits from communities, and they are taking advantage of these opportunities. (7) Professional sports teams and leagues have directly benefited from Federal legislation, including the following: (A) Public law 87-331 (15 U.S.C. 1291 et seq; commonly referred to as the Sports Antitrust Broadcast Act of 1961). (B) Public law 89-800 (80 Stat. 1508; commonly referred to as the Football Merger Act of 1966). (C) Public law 93-107 (87 Stat. 350; relating to a prohibition of local television blackouts of network games which were sold out 72 hours in advance). (D) Federal tax laws that allow depreciation of player contracts, capital gains, carryover losses, and the formation of Subchapter S corporations. (8) The Court of Appeals for the Ninth Circuit ruled in Los Angeles Memorial Coliseum Commission v. National Football League (726 F.2d 1381 (9th cir. 1984); commonly referred to as Raiders I), Los Angeles Memorial Coliseum Commission v. National Football League (791 F.2d. 1356 (9th cir. 1986); commonly referred to as Raiders II), and National Basketball Association v. SDC Basketball Club, Inc. (815 F.2d 562 (9th cir. 1987); commonly referred to as Clippers) that a league has the authority to prevent a professional sports team from relocating from one community to another community. SEC. 3. TEAM NAME. (a) Conditions on Approval of Relocation.--In a case in which a league approves the relocation of a professional sports team from a community described in subsection (b)-- (1) the registered mark that is used to identify the professional sports team becomes the property of the league; (2) the league shall reserve the registered mark and any portion of the registered mark for use only by the community from which the team is relocating until the earlier of-- (A) the expiration of the registered mark; or (B) the date on which the community informs the league that a professional sports team will not be using the registered mark; and (3) the registered mark or any portion of the registered mark may not be used by another professional sports team in the same league. (b) Communities Covered.--A community referred to in subsection (a) is a community in which a professional sports team has been located for a period of at least 10 years. SEC. 4. NOTICE OF PROPOSED RELOCATION OF A PROFESSIONAL SPORTS TEAM. (a) Requirement.--A professional sports team owner seeking to relocate the team from one community to another shall provide notice of the proposed relocation to the parties listed in subsection (b) not later than 180 days before the commencement of the season in which the professional sports team is to play in the new community. (b) Parties.--The notice required under subsection (a) shall be provided to-- (1) the local government for the community in which the professional sports team's stadium or arena is located; (2) the owner or operator of such stadium or arena; and (3) each professional sports team that is a member of the league for the professional sport concerned. (c) Additional Requirements.--The notice required under subsection (a) shall-- (1) be delivered in person or by certified mail; (2) be published in one or more newspapers of general circulation within the community in which the professional sports team is located; and (3) contain an identification of the proposed new location for the professional sports team, a summary of the reasons for moving the professional sports team based on the factors listed in section 7, and the date on which the proposed change is scheduled to become effective. SEC. 5. REQUIREMENT TO MAKE EXPANSION TEAMS AVAILABLE TO COMMUNITIES UPON THE FULFILLMENT OF CERTAIN CONDITIONS. (a) League Requirement to Grant Franchise.--Not later than 12 months after the submission of the name of an investor under subsection (b) to a league, the league shall grant to the investor a new expansion professional sports team franchise from the league at a fee in an amount no greater than an amount equal to 85 percent of the franchise fee charged by the league for the last expansion professional sports team franchise granted by the league. (b) Three-Year Opportunity for Investment.--The requirement of subsection (a) applies to a league in any case in which-- (1) the league approves, on or after January 1, 1993, the relocation of a professional sports team from one community to another; (2) not later than three years after such relocation, the community in which the team was previously located submits to the league the name of an investor to be granted a new professional sports team franchise in such community by the league; and (3) the investor demonstrates that he is financially able to purchase and support a team by placing the amount described under subsection (a), in addition to an amount equal to the sale price of the last professional sports team sale approved by the league, in an escrow account. (c) Ten-Year Relocation Prohibition.--In the case of a grant of a professional sports team franchise under subsection (a), the league may approve a resale of the team, but may not approve a relocation of the team during the ten-year period beginning on the date of the grant of the expansion professional sports team franchise. (d) Exception.--This section shall not apply in the case of a community with a professional sports team if the team relocates within 60 miles of the community. SEC. 6. LEAGUE RELOCATION AUTHORITY AND RELOCATION DETERMINATION CRITERIA. (a) League Authority.--It is not unlawful by reason of the antitrust laws for a professional sports league to enforce rules or agreements authorizing the membership of such league to decide whether a professional sports team that is a member of the league may relocate from one community to another. (b) Determination Criteria.--In determining whether to approve or disapprove the relocation of a professional sports team from one community to another, a league shall make specific findings regarding-- (1) the extent to which fan loyalty to and support for the team has been demonstrated during the team's tenure in the community; (2) the degree to which the team has engaged in good faith negotiations with appropriate persons concerning terms and conditions under which the team would continue to play its games in the community; (3) the degree to which the owners or managers of the team have contributed to any circumstances which might demonstrate the need for the relocation; (4) the extent to which the team, directly or indirectly, received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of public financial support; (5) the adequacy of the stadium in which the team played its home games in the previous season, and the willingness of the stadium, arena authority, or the local government to remedy any deficiencies in such facility; (6) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team; (7) whether any other team in the league is located in the community in which the team is currently located; (8) whether the team proposes to relocate to a community in which no other team in the league is located; (9) whether the stadium authority, if public, is not opposed to such relocation; and (10) whether there is a bona fide investor offering fair market value for the professional sports team and will retain the team in the current community. SEC. 7. ENFORCEMENT. (a) Penalties for Failure to Comply.--A league that violates the requirement of section 5(a) by failing to grant a new professional sports team franchise-- (1) is liable to the community in which the team was previously located for damages equal to three times the purchase price of the team; and (2) is subject to the suspension for one season of its antitrust exemption for pooling the broadcasting rights to games under Public Law 87-331 (15 U.S.C. 1291 et seq.). (b) Enforcement by the Federal Trade Commission.--The provisions of this Act shall be enforced by the Federal Trade Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). SEC. 8. INAPPLICABILITY TO CERTAIN MATTERS. Nothing in this Act shall-- (1) alter, determine, or otherwise affect the applicability or inapplicability of the antitrust laws, the labor laws, or any other provision of law to the wages, hours, or other terms and conditions of employment of players in any professional sports league, to any employment matter regarding players in any such league or to any collective bargaining rights and privilege of any player union in any such league; (2) alter or affect the applicability or inapplicability of the antitrust laws or any applicable Federal or State law regarding broadcasting or telecasting, including those contained under section 1291 of title 15, United States Code, to any agreement between any professional sports league or a professional sports team that is a member of the league and any person not affiliated with such a league for the broadcasting or telecasting of the games of such league or members of the league on any form of television; (3) affect any contract, or provision of a contract, relating to the use of a stadium or arena between a professional sports team and the owner or operator of any stadium or arena or any other person; (4) exempt from the antitrust laws any agreement to fix the prices of admission to sports contests; (5) exempt from the antitrust laws any predatory practice or other conduct with respect to competing sports leagues which would otherwise be unlawful under the antitrust laws; or (6) except as provided in this Act, alter, determine, or otherwise affect the applicability or inapplicability of the antitrust laws to any act, contract, agreement, rule, course of conduct, or other activity by, between, or among persons engaging in, conducting, or participating in professional football, basketball, hockey, or baseball. SEC. 9. DEFINITIONS. For purposes of this Act: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning giving it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Community.--The term ``community'' means a city, county, parish, town, township, village, or any other general function governmental unit established by State law. (3) Investor.--The term ``investor'' means any person or group of persons, including a community. (4) League.--The terms ``league'' and ``professional sports league'' mean an association composed of two or more professional sports teams (which have been engaged in competition in their sport for more than seven years) which has adopted, accepted, or put into effect rules for the conduct of professional sports teams which are members of that association and for the regulation of contests and exhibitions in which such teams regularly engage. The term includes-- (A) the National Football League; (B) the National Hockey League; (C) the National Basketball Association; and (D) Major League Baseball. (5) Located.--The term ``located'', with respect to a professional sports team, means situated in the stadium or arena in which the professional sports team plays its home games. (6) Professional Sports Team.--The term ``professional sports team'' means any group of professional athletes organized to play major league football, hockey, basketball, or baseball. SEC. 10. EFFECTIVE DATE. This Act takes effect as of August 1, 1995.", "summary": "Fan Freedom and Community Protection Act of 1996 - Requires a professional sports team owner seeking to relocate the team to provide notice to the local government for the community in which the team's stadium or arena is located (home community), the sports authority with jurisdiction over the stadium or facility, any owner or operator of such stadium or facility, and the professional sports league concerned and each member team. Requires such notice to: (1) be delivered in person or by certified mail and published in one or more newspapers of general circulation within the home community; and (2) include the proposed new location, a summary of the reasons for moving, and the date on which the change is scheduled to become effective. (Sec. 4) Directs a league, within a year after the submission of the name of an investor, to grant to the investor a new expansion team franchise at a fee no greater, and on terms and conditions no less favorable, than those granted to the last expansion team franchise granted. Authorizes the league, for ten years after granting an expansion team franchise, to approve a resale of the team but not the team's relocation, except as provided herein. Makes this section inapplicable to a team that relocates within 25 miles of the home community and remains within the State in which the home community is located. (Sec. 5) Permits, under the antitrust laws, a league to enforce rules or agreements authorizing its membership to decide whether a member team may relocate. Requires a league, in determining whether to approve such relocation, to make specific written findings, including findings regarding fan loyalty and the extent to which the team received public financial support. Specifies that no decision by a league to permit a relocation shall be valid or final until the league has: (1) conducted at least two public hearings in the home community; (2) permitted any interested member of the public to deliver oral, or file written, comments; (3) published written findings in a local home community newspaper setting forth the basis of such decision; and (4) delivered copies of such findings to the local government of the home community and any sports authority. (Sec. 6) Requires (except where recovery of financial assistance is a remedy under the contract) an owner who relocates a team from one playing facility to another and who, in so doing, breaches a contract with the State or local government to pay to such government the value of financial assistance provided by the State or local government to the team. Makes a team owner who violates the requirement of this section liable to the State or local government that provided financial assistance to the team for an amount equal to three times the value of the assistance provided. (Sec. 7) Makes a league that violates the requirement to grant a new team franchise: (1) liable to the home community in which a team was previously located for damages of three times the purchase price or market value of the team, whichever is greater; (2) subject to the suspension for one season of its antitrust exemption for pooling the broadcasting rights to games; and (3) subject to the loss of the antitrust exemption under this Act for the franchise relocation that led to the violation. Sets forth enforcement provisions."}
{"article": "SECTION 1. SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS, INCLUDING TRANSLATORS AND INTERPRETERS, SERVING WITH FEDERAL AGENCIES IN IRAQ AND AFGHANISTAN. (a) Increase in Numbers Admitted and Aliens Eligible.-- (1) In general.--Section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note) is amended-- (A) in the heading, by striking ``as translators with united states armed forces'' and inserting ``with federal agencies in iraq and afghanistan''; (B) in subsection (b)(1)-- (i) in subparagraph (B), by striking ``as a translator'' and inserting ``, or under Chief of Mission authority, as a translator, interpreter, or other capacity'' ; (ii) in subparagraph (C), by inserting ``the Chief of Mission or'' after ``recommendation from''; and (iii) in subparagraph (D), by inserting ``the Chief of Mission or'' after ``as determined by''; and (C) in subsection (c)(1), by inserting ``(or, beginning with fiscal year 2007, 500 or such greater number as the Secretary of Homeland Security determines is warranted by the circumstances)'' after ``50''. (2) Review.--If the circumstances warrant, the Secretary of Homeland Security, in consultation with the Secretary of State, shall review the numerical limitation established under section 1059(c)(1) of such Act, as amended by paragraph (1)(B), and may submit a report to Congress recommending an increase in such limitation. (3) Report.--The Secretary of Homeland Security shall submit to Congress a report whenever the Secretary increases, under subsection (c)(1) of section 1059 of such Act, as amended by paragraph (1)(B), the number of aliens provided special immigrant status under such section. Such report shall include an explanation of the circumstances warranting such increase. (b) Exclusion From Numerical Limitation.--Section 1059(c)(2) of such Act is amended-- (1) in the heading, by striking ``Counting against'' and inserting ``Exclusion from''; and (2) by inserting before the period at the end the following: ``but shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4) of such Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4))''. (c) Adjustment of Status.--Section 1059 of such Act is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Adjustment of Status.--Notwithstanding paragraphs (2), (7), and (8) of section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the Secretary of Homeland Security may adjust the status of an alien to that of a lawful permanent resident under section 245(a) of such Act if the alien-- ``(1) was paroled or admitted as a nonimmigrant into the United States; and ``(2) is otherwise eligible for special immigrant status under this section and under the Immigration and Nationality Act.''. (d) Refugee Assistance Eligibility.--Section 1059 of such Act, as amended by subsection (c), is further amended-- (1) by redesignating (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Eligibility for Refugee Assistance.--Any alien provided special immigrant status under this section shall be eligible for benefits under chapter 2 of title IV of the Immigration and Nationality Act to the same extent as individuals admitted (or awaiting admission) to the United States under section 207 of such Act are eligible for benefits under such chapter.''. (e) Sunset Provision.--Section 1059 of such Act, as amended by subsections (c) and (d), is further amended by adding at the end the following: ``(g) Sunset Provision.-- ``(1) In general.--This section is repealed on the date that is 3 years after the date of the enactment of this subsection. ``(2) Applicability.--Notwithstanding paragraph (1), the Secretary of Homeland Security may provide an alien with the status of a special immigrant under this section if-- ``(A) the alien's petition for such status was pending before the date described in paragraph (1); and ``(B) the alien was eligible for such status at the time the petition was filed.''.", "summary": "Amends the National Defense Authorization Act for Fiscal Year 2006 to authorize special immigrant status for certain Afghan or Iraqi translators or interpreters working with the U.S. Armed Forces or federal agencies in Afghanistan and Iraq. (Currently, such status is authorized for Afghan and Iraqi translators or interpreters working with U.S. Armed Forces in Afghanistan and Iraq.) Authorizes: (1) additional annual entrants; (2) adjustment to permanent resident status; and (3) eligibility for refugee assistance. Sunsets such special immigrant provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cargo Theft Deterrence Act of 1997''. SEC. 2. INTERSTATE OR FOREIGN SHIPMENTS BY CARRIER. (a) In General.--Section 659 of title 18, United States Code, is amended-- (1) by striking ``with intent to convert to his own use'' each place that term appears; (2) in the first undesignated paragraph-- (A) by inserting ``trailer,'' after ``motortruck,''; (B) by inserting ``air cargo container,'' after ``aircraft,''; and (C) by inserting ``, or from any intermodal container, trailer, container freight station, warehouse, or freight consolidation facility,'' after ``air navigation facility''; (3) in the fifth undesignated paragraph-- (A) by striking ``one year'' and inserting ``3 years''; and (B) by adding at the end the following: ``Notwithstanding the preceding sentence, the court may, upon motion of the Attorney General, reduce any penalty imposed under this paragraph with respect to any defendant who provides information leading to the arrest and conviction of any dealer or wholesaler of stolen goods or chattels moving as or which are a part of or which constitute an interstate or foreign shipment.''; (4) in the penultimate undesignated paragraph, by inserting after the first sentence the following: ``For purposes of this section, goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination (as evidenced by the waybill or other shipping document of the shipment), regardless of any temporary stop while awaiting transshipment or otherwise.''; and (5) by adding at the end the following: ``It shall be an affirmative defense (on which the defendant bears the burden of persuasion by a preponderance of the evidence) to an offense under this section that the defendant bought, received, or possessed the goods, chattels, money, or baggage at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner of the goods, chattels, money, or baggage.''. (b) Federal Sentencing Guidelines.--Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than 2 levels for any offense under section 659 of title 18, United States Code, as amended by this section. (c) Report to Congress.--The Attorney General shall annually submit to Congress a report, which shall include an evaluation of law enforcement activities relating to the investigation and prosecution of offenses under section 659 of title 18, United States Code, as amended by this section. SEC. 3. ADVISORY COMMITTEE ON CARGO THEFT. (a) Establishment.-- (1) In general.--There is established a Committee to be known as the Advisory Committee on Cargo Theft (in this section referred to as the ``Committee''). (2) Membership.-- (A) Composition.--The Committee shall be composed of 6 members, who shall be appointed by the President, of whom-- (i) 1 shall be an officer or employee of the Department of Justice; (ii) 1 shall be an officer or employee of the Department of Transportation; (iii) 1 shall be an officer or employee of the Department of the Treasury; and (iv) 3 shall be individuals from the private sector who are experts in cargo security. (B) Date.--The appointments of the initial members of the Committee shall be made not later than 30 days after the date of enactment of this Act. (3) Period of appointment; vacancies.--Each member of the Committee shall be appointed for the life of the Committee. Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting.--Not later than 15 days after the date on which all initial members of the Committee have been appointed, the Committee shall hold its first meeting. (5) Meetings.--The Committee shall meet, not less frequently than quarterly, at the call of the Chairperson. (6) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson.--The President shall select 1 member of the Committee to serve as the Chairperson of the Committee. (b) Duties.-- (1) Study.--The Committee shall conduct a thorough study of, and develop recommendations with respect to, all matters relating to-- (A) the establishment of a national computer database for the collection and dissemination of information relating to violations of section 659 of title 18, United States Code (as added by this Act); and (B) the establishment of an office within the Federal Government to promote cargo security and to increase coordination between the Federal Government and the private sector with respect to cargo security. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Committee shall submit to the President and to Congress a report, which shall contain a detailed statement of results of the study and the recommendations of the Committee under paragraph (1). (c) Powers.-- (1) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out the purposes of this section. (2) Information from federal agencies.--The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out the provisions of this section. Upon request of the Chairperson of the Committee, the head of such department or agency shall furnish such information to the Committee. (3) Postal services.--The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. (d) Personnel Matters.-- (1) Compensation of members.-- (A) Non-federal members.--Each member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Committee. (B) Federal members.--Each member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for their service as an officer or employee of the United States. (2) Travel expenses.--The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. (3) Staff.-- (A) In general.--The Chairperson of the Committee may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform its duties. The employment of an executive director shall be subject to confirmation by the Committee. (B) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination.--The Committee shall terminate 90 days after the date on which the Committee submits the report under subsection (b)(2). (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as may be necessary to the Committee to carry out the purposes of this section. (2) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.", "summary": "Cargo Theft Deterrence Act of 1997 - Amends the Federal criminal code regarding thefts pertaining to interstate or foreign shipments by carrier to include thefts of trailers and air cargo containers and thefts from freight consolidation facilities. Increases the maximum penalty from one year to three years imprisonment. Authorizes the court, upon motion of the Attorney General, to reduce any penalty imposed under such provisions for any defendant who provides information leading to the arrest and conviction of any dealer or wholesaler of stolen goods or chattels moving as, which are a part of, or which constitute, an interstate or foreign shipment. Specifies that goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination. Makes it an affirmative defense that the defendant bought, received, or possessed the goods at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner. Directs: (1) the United States Sentencing Commission to amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than two levels for any such offense; and (2) the Attorney General to annually submit to the Congress a report including an evaluation of law enforcement activities relating to the investigation and prosecution of such offenses. Establishes the Advisory Committee on Cargo Theft to study, and develop recommendations regarding, the establishment of: (1) a national computer database for the collection and dissemination of information relating to violations of cargo theft provisions; and (2) an office within the Federal Government to promote, and to increase coordination between the Government and the private sector regarding, cargo security. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Paperwork Elimination Act''. SEC. 2. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES. Section 3504(a)(1)(B)(vi) of title 44, United States Code, is amended to read as follows: ``(vi) the acquisition and use of information technology, including alternative information technologies that provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures.''. SEC. 3. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES BY EXECUTIVE AGENCIES. (a) In General.--In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106) and the amendments made by that Act, and the provisions of this Act, the Director of the Office of Management and Budget shall, in consultation with the National Telecommunications and Information Administration and not later than 18 months after the date of enactment of this Act, develop procedures for the use and acceptance of electronic signatures by Executive agencies. (b) Requirements for Procedures.--(1) The procedures developed under subsection (a)-- (A) shall be compatible with standards and technology for electronic signatures that are generally used in commerce and industry and by State governments; (B) may not inappropriately favor one industry or technology; (C) shall ensure that electronic signatures are as reliable as is appropriate for the purpose in question and keep intact the information submitted; (D) shall provide for the electronic acknowledgment of electronic forms that are successfully submitted; and (E) shall, to the extent feasible and appropriate, require an Executive agency that anticipates receipt by electronic means of 50,000 or more submittals of a particular form to take all steps necessary to ensure that multiple methods of electronic signatures are available for the submittal of such form. (2) The Director shall ensure the compatibility of the procedures under paragraph (1)(A) in consultation with appropriate private bodies and State government entities that set standards for the use and acceptance of electronic signatures. SEC. 4. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES. In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106) and the amendments made by that Act, and the provisions of this Act, the Director of the Office of Management and Budget shall ensure that, commencing not later than five years after the date of enactment of this Act, Executive agencies provide-- (1) for the option of the electronic maintenance, submission, or disclosure of information, when practicable as a substitute for paper; and (2) for the use and acceptance of electronic signatures, when practicable. SEC. 5. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS. In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106) and the amendments made by that Act, and the provisions of this Act, the Director of the Office of Management and Budget shall, not later than 18 months after the date of enactment of this Act, develop procedures to permit private employers to store and file electronically with Executive agencies forms containing information pertaining to the employees of such employers. SEC. 6. STUDY ON USE OF ELECTRONIC SIGNATURES. (a) Ongoing Study Required.--In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106) and the amendments made by that Act, and the provisions of this Act, the Director of the Office of Management and Budget shall, in cooperation with the National Telecommunications and Information Administration, conduct an ongoing study of the use of electronic signatures under this title on-- (1) paperwork reduction and electronic commerce; (2) individual privacy; and (3) the security and authenticity of transactions. (b) Reports.--The Director shall submit to Congress on a periodic basis a report describing the results of the study carried out under subsection (a). SEC. 7. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC RECORDS. Electronic records submitted or maintained in accordance with procedures developed under this Act, or electronic signatures or other forms of electronic authentication used in accordance with such procedures, shall not be denied legal effect, validity, or enforceability because such records are in electronic form. SEC. 8. DISCLOSURE OF INFORMATION. Except as provided by law, information collected in the provision of electronic signature services for communications with an executive agency, as provided by this Act, shall only be used or disclosed by persons who obtain, collect, or maintain such information as a business or government practice, for the purpose of facilitating such communications, or with the prior affirmative consent of the person about whom the information pertains. SEC. 9. APPLICATION WITH INTERNAL REVENUE LAWS. No provision of this Act shall apply to the Department of the Treasury or the Internal Revenue Service to the extent that such provision-- (1) involves the administration of the internal revenue laws; or (2) conflicts with any provision of the Internal Revenue Service Restructuring and Reform Act of 1998 or the Internal Revenue Code of 1986. SEC. 10. DEFINITIONS. For purposes of this Act: (1) Electronic signature.--The term ``electronic signature'' means a method of signing an electronic message that-- (A) identifies and authenticates a particular person as the source of the electronic message; and (B) indicates such person's approval of the information contained in the electronic message. (2) Executive agency.--The term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code. Passed the Senate October 15 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.", "summary": "Government Paperwork Elimination Act - Requires the Director of the Office of Management and Budget: (1) in providing direction and overseeing the acquisition and use of information technology, to include alternative information technologies that provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures; (2) to develop procedures for the use and acceptance of electronic signatures by executive agencies; (3) to ensure that, within five years, executive agencies provide for the option of electronic maintenance, submission, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures, when practicable; (4) to develop procedures to permit private employers to store and file electronically with executive agencies forms containing information pertaining to employees; and (5) in cooperation with the National Telecommunications and Information Administration, to conduct and report to Congress on an ongoing study of the use of electronic signatures on paperwork reduction and electronic commerce, individual privacy, and the security and authenticity of transactions. Provides for: (1) the enforceability and legal effect of electronic records and signatures; (2) protection from disclosure of information collected in the provision of electronic signature services for executive agencies; and (3) applicability exceptions with respect to administration of the internal revenue laws."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency in Energy Production Act of 2016''. SEC. 2. ONLINE PUBLICATION OF CARBON EMISSIONS. (a) In General.--The Secretary of the Interior shall make available to the public through the Internet-- (1) information that describes for all covered operations-- (A) the aggregate amount of each fossil fuel, by type and by State, produced under Federal leases; and (B) for gas reported, the portion and source of such amount that was released by each of venting, flaring, and fugitive release; (2) information that accurately describes the estimated amounts of existing fossil fuel resources on Federal lands under lease for the production of fossil fuels, and of Federal lands that have potential for such leasing; and (3) information that describes the amount and sources of energy, in megawatts, produced from operating solar, wind, and geothermal projects on Federal lands under lease for the production of renewable energy. (b) Format.--Information made available under this section shall be presented in a format that-- (1) translates such amounts and portions into emissions of metric tons of greenhouse gases expressed in carbon dioxide equivalent using both the 20-year and 100-year Global Warming Potential-weighted emission values; (2) for energy produced from solar, wind, and geothermal projects, includes an estimate of the greenhouse gas emissions that would result from production of the same amount of energy from fossil fuel resources; and (3) allows-- (A) downloading in a machine readable format; and (B) accessing the information without payment of any fee or other charge. (c) Data Publication Frequency.--The data made available under this section shall be updated at least annually. SEC. 3. ACCURATE MEASUREMENT AND REPORTING OF METHANE EMISSIONS FROM FEDERAL LANDS. (a) In General.--Not later than one year after the date of the enactment of this Act, if the Secretary of the Interior determines that revisions or promulgation of rules are needed to implement section 2 with regard to methane emissions, the Secretary shall initiate a process under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1711 et seq.), the Mineral Leasing Act (30 U.S.C. 181 et seq.), or other applicable law to promulgate regulations to require accurate measuring and reporting to the Secretary, by each holder of a lease for the production of fossil fuels on Federal land, of the actual amount of methane gas produced under such lease, including all such gas not sold by or on behalf of the lessee. (b) Reporting of Gases.--The rules shall include requirements for reporting by holders of leases, to the maximum extent possible, the amount and source of all vented, flared, and fugitive releases of gas resulting from the production of fossil fuels from Federal lands. SEC. 4. REPORT TO CONGRESS. Every 2 years, the Secretary shall submit a report to Congress that includes-- (1) efforts underway by the Department of the Interior to decrease greenhouse gas emissions from covered operations on Federal lands and waters; and (2) plans for future reductions in greenhouse gas emissions from covered operations on Federal lands and waters. SEC. 5. DEFINITIONS. In this Act: (1) Covered operations.--The term ``covered operations'' means all fossil fuel operations that are subject to the mineral leasing laws or title V of the Federal Land Policy and Management Act of 1976 (30 U.S.C. 1761 et seq.), regardless of size, including production, storage, gathering, processing, transportation, and handling operations. (2) Flaring.--The term ``flaring'' means the intentional and controlled burning of gas that occurs in the course of oil and gas or coal operations. (3) Fossil fuel.--The term ``fossil fuel'' means all natural fuels, including oil, natural gas, natural gas liquids, and coal. (4) Fugitive release.--The term ``fugitive release'' means the unintentional and uncontrolled release of gas into the atmosphere in the course of oil and gas or coal operations. (5) Global warming potential-weighted emission.--The term ``Global Warming Potential-weighted emission'' means the ratio of the time-integrated radiative forcing from the instantaneous release of 1 kilogram of a trace substance relative to that of 1 kilogram of carbon dioxide, measured in metric tons of carbon dioxide equivalent for each greenhouse gas according to the most recent, and any subsequent, decisions by the Intergovernmental Panel on Climate Change regarding global warming potentials. (6) Resources.--The term ``resources'' means oil, gas, and coal resources, both identified and inferred, that are both technically recoverable and economically recoverable using the range of past, and predicted future, commodity prices. (7) Venting.--The term ``venting'' means the intentional and controlled release of gas into the atmosphere in the course of oil and gas operations. (8) Produced and production.--The terms ``produced'' and ``production'' mean extracted, mined, withdrawn, sold, stored, released (including release by venting, flaring, or fugitive release), flared, used for beneficial purposes, or otherwise emitted during production.", "summary": "Transparency in Energy Production Act of 2016 This bill requires the Department of the Interior to publicly disclose the amounts of fossil fuel production, including amounts of gas released (as by flaring), and renewable energy production on public lands. The data shall present amounts of greenhouse gas emissions using the 20- and 100-year Global Warming Potential-weighted emission values and, for renewable energy production, compare fossil fuel-generated emissions resulting from the same amount of energy. As determined necessary to implement this bill, Interior shall promulgate regulations regarding accurate measurement and reporting of methane emissions."}
{"article": "SECTION 1. FINDINGS. The Congress makes the following findings: (1) On December 7, 1941, Japanese forces attacked Clark Field, Luzon, Philippines Islands. (2) By May 6, 1942, military personnel from the United States and the Philippines had bravely and staunchly fought off enemy attacks for more than 5 months under strenuous conditions that resulted in starvation and disease. (3) By maintaining their position and engaging the enemy for as long as they did, the soldiers at Bataan were able to redefine the momentum of the war and provide other United States and Allied forces throughout the Pacific with time to plan and prepare for subsequent crucial battles. (4) On April 9, 1942, then-Brigadier General Edward King surrendered the combined forces of the United States and the Philippines on the Bataan Peninsula into enemy hands. (5) Over the next week, the soldiers from the United States and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be know as the Bataan Death March. (6) During this forced march, thousands of soldiers died, either from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. (7) Within the first 40 days at Camp O'Donnell, 1,600 more prisoners from the United States died. (8) On May 6, 1942, then-Lieutenant General Jonathan M. Wainwright surrendered the island fortress of Corregidor and its fortified islands into enemy hands. (9) Over the next 10 days, prisoners from Corregidor were held in the open, exposed to the elements with little or no food or water. (10) They were subsequently transported to the old Bilibid Prison in Manila and held several more days until they were loaded into cattle rail cars for transport, followed by a forced march of over 20 miles to Cabanatuan. (11) The conditions at the camp were substandard, leading to increased disease and malnutrition among the prisoners. (12) On June 6, 1942, United States prisoners were transferred from Camp O'Donnell to Cabanatuan. (13) In July 1942, all Filipino prisoners were paroled. (14) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions. (15) In 1945, all prisoners were liberated. (16) Over the subsequent decades, these prisoners formed support groups, were honored in local and State memorials, and told their story to all people of the United States. (17) Many of these soldiers have now passed away, and those who remain continue to tell their story. (18) The people of the United States are forever indebted to these men for-- (A) the courage they demonstrated during the first 5 months of World War II in fighting against enemy soldiers; and (B) the perseverance they demonstrated during 3 1/2 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the soldiers from the United States who were prisoners of war at Bataan/Corregidor/Luzon, collectively, in recognition of their personal sacrifice and service to their country. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the prisoners of war at Bataan/Corregidor/Luzon under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly such locations as are associated with those who fought in defense of Bataan/Corregidor/Luzon and the prisoners of war. SEC. 3. DUPLICATE MEDALS. (a) Striking of Duplicates.--Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 2. (b) Selling of Duplicates.--The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.", "summary": "Authorizes the award of a single Congressional Gold Medal to collectively honor the American soldiers who were prisoners of war at Bataan/Corregidor/Luzon during World War II, in recognition of their personal sacrifice and service to their country. Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with those who fought in defense of Bataan/Corregidor/Luzon and the prisoners of war."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Accountability and Economic Report Act of 2017''. SEC. 2. PROHIBITING PAY OF MEMBERS OF CONGRESS IN EVENT OF GOVERNMENT SHUTDOWN. (a) Prohibition of Pay.-- (1) In general.--If on any day during a pay period a Government shutdown is in effect, the payroll administrator of each House of Congress shall exclude from the payments otherwise required to be made with respect to that pay period for the compensation of each Member of Congress who serves in that House of Congress an amount equal to the product of-- (A) an amount equal to one day's worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501); and (B) the number of 24-hour periods during which the Government shutdown is in effect which occur during the pay period. (2) Effective date.--This subsection shall apply with respect to days occurring after the date of the regularly scheduled general election for Federal office held in November 2018. (b) Special Rule for One Hundred Fifteenth Congress.-- (1) Holding salaries in escrow.--If on any day during the One Hundred Fifteenth Congress a Government shutdown is in effect, the payroll administrator of that House of Congress shall-- (A) withhold from the payments otherwise required to be made with respect to a pay period for the compensation of each Member of Congress who serves in that House of Congress an amount equal to the product of-- (i) an amount equal to one day's worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501); and (ii) the number of 24-hour periods during which the Government shutdown is in effect which occur during the pay period; and (B) deposit in an escrow account all amounts withheld under subparagraph (A). (2) Release of amounts at end of the congress.--In order to ensure that this subsection is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this subsection on the last day of the One Hundred Fifteenth Congress. (3) Exception for days occurring after general election.-- This subsection does not apply with respect to any day during the One Hundred Fifteenth Congress which occurs after the date of the regularly scheduled general election for Federal office held in November 2018. (c) Role of Secretary of the Treasury.--The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (d) Payroll Administrator Defined.--In this section, the ``payroll administrator'' of a House of Congress means-- (1) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (2) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. (e) Member of Congress Defined.--In this section, the term ``Member of Congress'' means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501). SEC. 3. REPORTS BY CONGRESSIONAL BUDGET OFFICE ON ECONOMIC COSTS AND COSTS TO TAXPAYERS OF GOVERNMENT SHUTDOWN. Not later than 24 hours after each day on which a Government shutdown is in effect, the Director of the Congressional Budget Office shall submit a report to Congress containing information on each of the following, based on the most recent information available to the Director: (1) An estimate of the economic output lost on that day as the result of the Government shutdown. (2) An estimate of any decrease in gross domestic product for the quarter that will occur as the result of the Government shutdown. (3) The value of any assistance, including loans, grants, and contracts, that the Small Business Administration was unable to provide as the result of the Government shutdown. (4) The amount of any revenue for the National Park Service that was lost on that day as the result of the closure of National Park Service lands and historic sites. (5) An estimate of revenue lost on that day because of the effects of the Government shutdown on tourism and travel to and within the United States, including travel by foreign tourists. SEC. 4. DETERMINATION OF GOVERNMENT SHUTDOWN. For purposes of this Act, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution.", "summary": "Government Shutdown Accountability and Economic Report Act of 2017 This bill prohibits Members of Congress from being paid salaries during a pay period in which a government shutdown is in effect after the regularly scheduled general election for federal office held in November 2018. For the purpose of this bill, a government shutdown is considered to be in effect if there is a lapse in appropriations for any federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution. If a government shutdown occurs during the 115th Congress, congressional salaries must be withheld during the shutdown and released to Members of Congress at the end of the Congress, subject to an exception for any day during the 115th Congress which occurs after the date of the regularly scheduled general election for federal office held in November 2018. During a government shutdown, the Congressional Budget Office must submit specified reports to Congress regarding the costs and economic effects of the shutdown."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Banking Regulatory Relief Act of 1999''. SEC. 2. AMENDMENTS RELATING TO SAVINGS AND DEMAND DEPOSIT ACCOUNTS AT DEPOSITORY INSTITUTIONS. (a) Interest-Bearing Transaction Accounts Authorized for All Businesses.--Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Interaccount Transfers.-- ``(1) In general.--Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account on which interest or dividends are paid to make up to 24 transfers per month, for any purpose, to another account of the owner in the same institution. ``(2) Rule of construction.--No provision of this subsection shall be construed as preventing an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) for purposes of such Act.''. (b) Now Accounts Authorized for All Businesses After September 30, 2001.-- (1) In general.--Effective on the date provided in paragraph (3), section 2 of Public Law 93-100 (12 U.S.C. 1832) (as amended by subsection (a) of this section) is amended to read as follows: ``SEC. 2. WITHDRAWALS BY NEGOTIABLE OR TRANSFERABLE INSTRUMENTS FOR TRANSFERS TO THIRD PARTIES. ``(a) In General.--Notwithstanding any other provision of law, any depository institution (as defined in section 3 of the Federal Deposit Insurance Act) may permit the owner of any deposit or account to make withdrawals from such deposit or account by negotiable or transferable instruments for the purpose of making payments to third parties. ``(b) Escrow Accounts.--With respect to an escrow account, a lender or servicer shall pay interest on such account only if such payments are required by-- ``(1) a contract between the lender or servicer and the borrower; or ``(2) a specific statutory provision of the law in effect in the State in which the property which is secured by the loan is located requires the lender or servicer to make such payments.''. (2) Repeal of prohibition on payment of interest on demand deposits.-- (A) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a(i)) is amended to read as follows: ``(i) [Repealed]''. (B) Home owners' loan act.--The 1st sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (C) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed]''. (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 2001. SEC. 3. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following new paragraph: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution to meet the reserve requirements of this subsection applicable with respect to such depository institution shall receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate not to exceed the rate earned on the securities portfolio of the Federal Reserve System during the preceding quarter. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(B), in a Federal reserve bank by any such entity on behalf of depository institutions which are not member banks.''. (b) Technical and Conforming Amendments.-- (1) Section 19(b)(4) of the Federal Reserve Act (12 U.S.C. 461(b)(4)) is amended by striking subparagraph (C). (2) Section 19(c)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(A)) is amended by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''.", "summary": "Small Business Banking Regulatory Relief Act of 1999 - Amends Federal banking law with respect to a depository institution's authority to permit the holder of any interest-earning or dividend-earning deposit or account (negotiable order of withdrawal or NOW account) to make withdrawals from such account by negotiable or transferable instrument in order to make payments to third parties. Allows the owner of such an account to make up to 24 transfers per month, for any purpose, to another account in the same institution. Allows any depository institution to permit the owner of any deposit or account (currently limited to individuals, nonprofit organizations, and Federal, State, and local governments) to make withdrawals for making payments to third parties. Provides conditions under which a lender or servicer shall pay interest on an escrow account. Repeals Federal provisions which prohibit the payment of interest on demand deposits. Amends the Federal Reserve Act to provide for the payment of earnings by Federal reserve banks on balances maintained at such banks by or on behalf of a depository institution in order to meet Federal reserve requirements. Authorizes the Board of Governors of the Federal Reserve System to prescribe regulations with regard to such payments and their distribution and crediting."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Detention of Enemy Combatants Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The al Qaeda terrorist organization and its leaders have committed unlawful attacks against the United States, including the August 7, 1998, bombings of the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, the October 12, 2000, attack on the U.S.S. COLE (DDG-67), and the September 11, 2001, attacks on the United States. (2) The al Qaeda terrorist organization and its leaders have threatened renewed attacks on the United States and have threatened the use of weapons of mass destruction. (3) The United Nations Security Council, in Resolutions 1368 and 1373, declared in September 2001 that the September 11 attacks against the United States constitute a threat to international peace and security. (4) The United States is justified in exercising its right of self-defense pursuant to international law and the United Nations Charter. (5) Congress authorized the President on September 18, 2001, to use all necessary and appropriate force against those nations, organizations, or persons that he determines to have planned, authorized, committed, or aided the September 11 terrorist attacks or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States, within the meaning of section 5(b) of the War Powers Resolution. (6) The United States and its allies are engaged in armed conflict with al Qaeda. (7) Al Qaeda and its terrorist allies have a presence in more than 60 nations around the world, including the United States. United States citizens and residents have been detained as enemy combatants in the struggle against al Qaeda. (8) The term ``enemy combatant'' has historically referred to all of the citizens of a state with which the Nation is at war, and who are members of the armed force of that enemy state. Enemy combatants in the present conflict, however, come from many nations, wear no uniforms, and use unconventional weapons. Enemy combatants in the war on terrorism are not defined by simple, readily apparent criteria, such as citizenship or military uniform. And the power to name a citizen as an ``enemy combatant'' is therefore extraordinarily broad. (9) There is precedent for detaining American citizens as enemy combatants. In Ex Parte Quirin, 317 U.S. 1 (1942), 2 of the 8 German soldiers who planned acts of sabotage within the United States claimed American citizenship. Detention of enemy combatants who are United States citizens is appropriate to protect the safety of the public and those involved in the investigation and prosecution of terrorism, to facilitate the use of classified information as evidence without compromising intelligence or military efforts, to gather unimpeded vital information from the detainee, and otherwise to protect national security interests. (10) The Executive must be allowed broad latitude to establish by regulation and Executive order the process, standards, and conditions in which a United States citizen or lawful resident may be detained as an enemy combatant. Courts must give broad deference to military judgment concerning the determination of enemy combatant status, POW status, and related questions. (11) Section 4001(a) of title 18, United States Code, provides that ``no citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress''. Section 4001 was designed to repeal the Emergency Detention Act of 1950, and ensure that there was a statutory basis for any detention. As Chief Justice Burger wrote in Howe v. Smith, 452 U.S. 473 (1981), ``the plain language of section 4001(a) proscribes detention of any kind by the United States, absent a congressional grant of authority to detain''. (12) By this Act, the Congress authorizes the President to detain enemy combatants who are United States persons or residents who are members of al Qaeda, or knowingly cooperated with members of al Qaeda in the planning, authorizing, committing, aiding, or abetting of one or more terrorist acts against the United States. (13) During wartime, a nation must take extraordinary steps to protect itself, including measures that would never be acceptable during peacetime. Nonetheless, ``the Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances.'' Ex Parte Milligan. (14) Nothing in this Act permits the Government, even in wartime, to detain American citizens or other persons lawfully in the United States as enemy combatants indefinitely without charges and hold them incommunicado without a hearing and without access to counsel on the basis of a unilateral determination that the person may be connected with an organization that intends harm to the United States. The Supreme Court has held that a citizen held in the United States as an enemy combatant must be given a meaningful opportunity to challenge the factual basis for that detention before a neutral decisionmaker. Hamdi v. Rumsfeld, 542 U.S. 1 (2004). The Supreme Court has held that even enemy aliens within the United States are entitled to habeas review of their conviction. Ex Parte Quirin, 317 U.S. 1 (1942); Johnson v. Eisentrager, 339 U.S. 763 (1950). (15) The validity of the detention of citizens as enemy combatants may be challenged by a writ of habeas corpus. As the right of habeas corpus may be effectively nullified by denial of the assistance of counsel, a citizen detained as an enemy combatant may not be indefinitely denied access to counsel. (16) The Congress has a responsibility for maintaining vigorous oversight of detention of United States citizens and lawful residents to assure that such detentions are consistent with due process. SEC. 3. DETENTION OF ENEMY COMBATANTS. (a) Authority.--A United States person or resident may be detained as an enemy combatant in accordance with this Act if the United States person or resident is a member of al Qaeda, or knowingly cooperated with a member of al Qaeda in the planning, authorizing, committing, aiding, or abetting of one or more terrorist acts against the United States. Nothing in this Act shall apply to a United States person or resident who is a prisoner of war within the meaning of the Geneva Convention Relative to the Treatment of Prisoners of War, signed at Geneva on August 12, 1949 (6 UST 3316). (b) Authority to Establish Procedural Rules.--The Secretary of Defense, in consultation with the Secretary of State and the Attorney General, shall prescribe and publish in the Federal Register, and report to the Committees on the Judiciary of the Senate and the House of Representatives, the standards, process, and criteria to be used for the determination that an American citizen or lawful resident is an enemy combatant under subsection (a) and for the detention of such an enemy combatant. SEC. 4. PROCEDURAL REQUIREMENTS. The rules prescribed for the detention of enemy combatants shall establish clear standards and procedures governing detention of a United States person or resident that preserve the Government's ability to detain those who may threaten the United States, assist in the gathering of vital intelligence, and protect the confidentiality of that information or any other information which, if released, could impede the Government's investigation of terrorism. Such rules shall also guarantee timely access to judicial review to challenge the basis for a detention, and permit the detainee access to counsel. SEC. 5. DETENTION. (a) Duration of Detention.-- (1) Limitation.--A United States person or resident may be detained under subsection (a) of section 3 only while there is in effect for the purposes of this section a certification by the President that-- (A) the United States Armed Forces are engaged in a state of armed conflict with al Qaeda and an investigation with a view toward prosecution, a prosecution, or a post-trial proceeding in the case of such person or resident is ongoing; or (B) detention is warranted in order to prevent such person or resident from aiding persons attempting to commit terrorist acts against the United States. (2) Certification and recertification.--A certification referred to in paragraph (1) shall be effective for 180 days. The President may make successive certifications under that paragraph. (b) Detention Review.--The United States District Court for the District of Columbia shall have exclusive jurisdiction to review any detention under this Act to ensure that the requirements of this Act for detaining an accused are satisfied. (c) Conditions of Detention.--A person detained under this Act shall be-- (1) detained at an appropriate location designated by the Secretary of Defense; (2) treated humanely, without any adverse distinction based on race, color, religion, gender, birth, wealth, or any similar criteria; (3) afforded adequate food, drinking water, shelter, clothing, and medical treatment; (4) sheltered under hygienic conditions and provided necessary means of personal hygiene; and (5) allowed the free exercise of religion consistent with the requirements of such detention. SEC. 6. REPORTS TO CONGRESS. Not less often than once every 12 months, the President shall submit to the Congress a report on the use of the authority provided by this Act. Each such report shall specify each individual subject to, or detained pursuant to, the authority provided by this Act. SEC. 7. UNITED STATES PERSON OR RESIDENT DEFINED. In this Act, the term ``United States person or resident'' means-- (1) a United States person, as such term is defined in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)); or (2) an alien lawfully admitted to the United States for permanent residence. SEC. 8. TERMINATION OF AUTHORITY. The authority under this Act may not be exercised after December 31, 2007.", "summary": "Detention of Enemy Combatants Act - Authorizes the detention of a U.S. person or resident (excluding a prisoner of war) as an enemy combatant if that individual is an al Qaeda member or knowingly cooperated with an al Qaeda member in planning, authorizing, committing, aiding, or abetting a terrorist act against the United States. Directs the Secretary of Defense to prescribe, publish, and report the standards, process, and criteria: (1) to be used in determining that an American citizen or lawful resident is an enemy combatant; and (2) for that individual's detention. Requires rules for the detention of enemy combatants to: (1) establish clear standards and procedures that meet specified requirements, including preserving the Government's ability to detain those who may threaten the United States; and (2) guarantee timely access to judicial review and permit the detainee access to counsel.Authorizes a U.S. person to be detained as an enemy combatant only while there is in effect a presidential certification that: (1) the U.S. armed forces are in a state of armed conflict with al Qaeda and an investigation, prosecution, or post-trial proceeding regarding such person is ongoing; or (2) detention is warranted to prevent such individual from aiding persons attempting to commit terrorist acts against the United States.Grants the U.S. District Court for the District of Columbia exclusive jurisdiction to review any detention under this Act.Requires that detainees be: (1) detained at an appropriate location; (2) treated humanely; (3) afforded adequate food, water, shelter, clothing, and medical treatment; (4) sheltered under hygienic conditions; and (5) allowed the free exercise of religion consistent with specified requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Marijuana Businesses Access to Banking Act of 2015''. SEC. 2. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS. A Federal banking regulator may not-- (1) terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C. 1751 et seq.) solely because the depository institution provides or has provided financial services to a marijuana-related legitimate business; (2) prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a marijuana-related legitimate business; (3) recommend, incentivize, or encourage a depository institution not to offer financial services to an individual, or to downgrade or cancel the financial services offered to an individual solely because-- (A) the individual is a manufacturer or producer, or is the owner or operator of a marijuana-related legitimate business; (B) the individual later becomes an owner or operator of a marijuana-related legitimate business; or (C) the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business; and (4) take any adverse or corrective supervisory action on a loan made to an owner or operator of-- (A) a marijuana-related legitimate business, solely because the owner or operator owns or operates a marijuana-related legitimate business; or (B) real estate or equipment that is leased to a marijuana-related legitimate business, solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a marijuana-related legitimate business. SEC. 3. PROTECTIONS UNDER FEDERAL LAW. (a) In General.--In a State or political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to a law or regulation of such State or political subdivision, a depository institution that provides financial services to a marijuana-related legitimate business, and the officers, directors, and employees of that depository institution may not be held liable pursuant to any Federal law or regulation-- (1) solely for providing such financial services pursuant to the law or regulation of such State or political subdivision; or (2) for further investing any income derived from such financial services. (b) Forfeiture.--A depository institution that has a legal interest in the collateral for a loan made to an owner or operator of a marijuana-related legitimate business, or to an owner or operator of real estate or equipment that is leased to a marijuana-related legitimate business, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall require a depository institution to provide financial services to a marijuana-related legitimate business. SEC. 5. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS. Section 5318(g) of title 31, United States Code, is amended by adding at the end the following: ``(5) Requirements for marijuana-related businesses.-- ``(A) In general.--If a financial institution or any director, officer, employee, or agent of a financial institution reports a suspicious transaction pursuant to this subsection, and the reason for the report relates to a marijuana-related business, the Secretary shall require that such report complies with the requirements of the guidance issued by the Financial Crimes Enforcement Network titled `BSA Expectations Regarding Marijuana-Related Businesses' (FIN-2014-G001; published on February 14, 2014). The Secretary may issue additional regulations or guidance as necessary to ensure that reports of suspicious transactions do not inhibit the provision of financial services to marijuana-related legitimate businesses in a State or political subdivision of a State that has allowed the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to law or regulation of such State or political subdivision. ``(B) Definition.--In this paragraph, the term `marijuana-related legitimate business' has the meaning given such term in the Marijuana Businesses Access to Banking Act of 2015.''. SEC. 6. DEFINITIONS. In this Act: (1) Depository institution.--The term ``depository institution'' means-- (A) a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (B) a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or (C) a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (2) Federal banking regulator.--The term ``Federal banking regulator'' means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury. (3) Financial service.--The term ``financial service'' means a financial product or service as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481). (4) Manufacturer.--The term ``manufacturer'' means a person who manufactures, compounds, converts, processes, prepares, or packages marijuana or marijuana products. (5) Marijuana-related legitimate business.--The term ``marijuana-related legitimate business'' means a manufacturer, producer, or any person that-- (A) participates in any business or organized activity that involves handling marijuana or marijuana products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing marijuana or marijuana products; and (B) engages in such activity pursuant to a law or regulation of by a State or a political subdivision of a State. (6) Marijuana.--The term ``marijuana'' has the meaning given the term ``marihuana'' in section 102 of the Controlled Substances Act (21 U.S.C. 802). (7) Marijuana product.--The term ``marijuana product'' means any article which contains marijuana, including an article which is a concentrate, an edible, a tincture, a marijuana-infused product, or a topical. (8) Producer.--The term ``producer'' means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of marijuana. (9) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States.", "summary": "Marijuana Businesses Access to Banking Act of 2015 This bill provides a safe harbor for depository institutions providing financial services to a marijuana-related legitimate business insofar as it prohibits a federal banking regulator from: (1) terminating or limiting the deposit or share insurance of a depository institution solely because it provides financial services to a marijuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from offering such services. A federal banking regulator may neither recommend, motivate, provide incentives, nor encourage a depository institution to refuse to offer financial services to an individual, nor downgrade or cancel financial services offered to an individual, solely because the individual: (1) is a manufacturer, producer, owner or operator of a marijuana-related legitimate business; or (2) the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business. A federal banking regulator may not take any adverse or corrective supervisory action, solely because of the business involved, on a loan made to an owner or operator of: (1) a marijuana-related legitimate business, or (2) real estate or equipment that is leased to a marijuana-related legitimate business. Immunity from federal criminal prosecution or investigation is granted, subject to certain conditions, to a depository institution that provides financial services to a marijuana-related legitimate business in a state or one of its political subdivisions that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana. Neither the depository institution nor its officers, directors, nor employees may be held liable under federal law or regulation solely for providing such financial services or further investing income derived from those services. The Department of the Treasury must require any suspicious activity report filed by a financial institution regarding a marijuana-based business to comply with specified guidance of the Financial Crimes Enforcement Network."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Border Security and Elimination of Sanctuary for Illegal Aliens Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: SEC. 2. FINDINGS. Congress finds the following: (1) The illegal entry into the United States of dangerous gang members, such as MS-13, is a direct threat to the security of the United States. (2) The continuing rise of illegal immigration increases the chances that a terrorist will gain entry into the United States undetected. (3) The rising cost to United States taxpayers to support housing, health care, education expenses, and criminal justice for illegal aliens has reached between $11,000,000,000 and $22,000,000,000 per year. (4) Any attempt to deal with illegal aliens currently living in the United States must start with the United States securing its borders. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the worsening crisis of illegal immigration must be solved. SEC. 4. BORDER SECURITY. (a) Full-Time Active-Duty Border Patrol Agents.--In order to fulfill the requirement under section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) (relating to an increase in the number of positions for full-time active-duty border patrol agents within the Department of Homeland Security), and subject to the availability of appropriations for such purpose, the Secretary of Homeland Security shall-- (1) increase incentives to recruit individuals to become such agents by offering such individuals repayment of higher education loans, not to exceed $6,000 per year and a maximum of $40,000; and (2) develop incentives to retain experienced border patrol agents through the establishment of a retention program. (b) Deployment of Technology.--In accordance with section 2(a)(1) of the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note), the Secretary of Homeland Security is authorized to deploy newly-developed and cutting-edge technologies to secure the international land and maritime borders of the United States. (c) Construction of Border Fence.--The Secretary of Homeland Security shall-- (1) make a priority the construction of the border fencing required under section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note); and (2) not later than June 30, 2008, submit to Congress a report on the progress and expected completion date of such construction. SEC. 5. MANDATED COLLABORATION TO END SANCTUARY OF ILLEGAL ALIENS. If an alien who is unlawfully present in the United States is arrested for any offense by a State or local law enforcement agency, the head of such agency shall immediately notify United States Immigration and Customs Enforcement (ICE) of such arrest and the identity of such alien. SEC. 6. EXPEDITED REMOVAL AND CRIMINAL PENALTIES OF CRIMINAL ALIENS. (a) Action by ICE; Expedited Removal.--Upon notification under section 5, the alien arrested under such section shall be immediately detained by United States Immigration and Customs Enforcement and presented before an immigration judge (as defined in section 101(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(4))), the name and fingerprints of such alien shall be added to an appropriate watch list maintained by the Department of Homeland Security concerning aliens who have been unlawfully present in the United States, and such immigration judge shall order such alien immediately removed from the United States without being released from detention and without further hearing or review in the same manner as an alien described in subparagraph (A)(i) of section 235(b)(1) of such Act (8 U.S.C. 1225(b)(1)) is subject to immediate removal from the United States under the provisions of such section. (b) Permanent Ineligibility for Admission to United States.-- Section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(i)(I)) is amended by striking ``for an aggregate period of more than 1 year'' and inserting ``for any period of time''. (c) Criminal Penalties for Subsequent Unlawful Presence.--An alien who is removed from the United States under subsection (a) and who is subsequently determined to be unlawfully present in the United States shall be imprisoned for not more than five years and fined in accordance with title 18, United States Code, and shall be removed from the United States in accordance with the expedited removal proceedings described in such subsection after the completion of such alien's term of imprisonment.", "summary": "Border Security and Elimination of Sanctuary for Illegal Aliens Act of 2007 - Expresses the sense of Congress that the worsening crisis of illegal immigration must be solved. Directs the Secretary of Homeland Security to: (1) increase incentives to recruit Border Patrol agents through repayment of higher education loans; (2) establish a retention program; and (3) make construction of border fencing a priority. Authorizes the Secretary to deploy newly-developed technology along the land and maritime borders. Requires that a state or local law enforcement agency that arrests an alien unlawfully in the United States for any reason shall notify United States Immigration and Customs Enforcement respecting such arrest and provide the identity of the arrested person. Provides for: (1) such person's expedited removal from the United States, and (2) criminal penalties and expedited removal for a subsequent unlawful presence. Makes inadmissible to the United States an alien who has been unlawfully present in the United States and who attempts to illegally enter or reenter the United States. (Under current law, such person must be unlawfully in the United States for an aggregate period exceeding one year.)"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Scholarship Opportunities Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) A well-trained workforce is essential to meeting the Nation's growing cybersecurity needs. (2) A 2015 report by the National Academy of Public Administration found that the United States faces a severe shortage of properly trained and equipped cybersecurity professionals. (3) A 2015 study of the information security workforce found that the information security workforce shortfall is widening. (4) The National Science Foundation's CyberCorps: Scholarship-for-Service program is a successful effort to support capacity building in institutions of higher education and scholarships for students to pursue cybersecurity careers. SEC. 3. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM. Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended-- (1) in subsection (a), by adding at the end the following: ``Scholarship recipients shall include eligible students who are pursuing an associate's degree in a cybersecurity field without the intent of transferring to a bachelor's degree program and either have a bachelor's degree already or are veterans of the Armed Forces.''; (2) in subsection (d), by adding at the end the following: ``In the case of a scholarship recipient who is pursuing a doctoral or master's degree, such agreement may include (if determined on a case-by-case basis by the Director of the National Science Foundation to be appropriate and to further the goals of the scholarship-for-service program) an agreement for the recipient to work at an institution of higher education or for a local educational agency teaching cybersecurity skills for a period equal to the length of the scholarship following receipt of such degree.''; (3) in subsection (f)-- (A) by striking paragraph (3) and inserting the following: ``(3) have demonstrated a high level of competency in relevant knowledge, skills, and abilities, as described in the national cybersecurity awareness and education program under section 401;''; and (B) by striking paragraph (4) and inserting the following: ``(4) be a student in an eligible degree program at a qualified institution of higher education, as determined by the Director of the National Science Foundation, who is-- ``(A) a full-time student; or ``(B) a student who is enrolled for study leading to a degree on a less than full-time basis but not less than half-time basis; and''; (4) by striking subsection (m) and inserting the following: ``(m) Evaluation and Report.-- ``(1) In general.--The Director of the National Science Foundation shall evaluate and make public, in a manner that protects the personally identifiable information of scholarship recipients, information on the success of recruiting individuals for scholarships under this section and on hiring and retaining those individuals in the public sector workforce, including on-- ``(A) placement rates; ``(B) where students are placed; ``(C) student salary ranges for students not released from obligations under this section; ``(D) how long after graduation they are placed; ``(E) how long they stay in the positions they enter upon graduation; ``(F) how many students are released from obligations; ``(G) what (if any) remedial training needs are required; and ``(H) the number of determinations permitting scholarship recipients to fulfill their obligations at an institution of higher education or local educational agency pursuant to subsection (d) or in a critical infrastructure position pursuant to subsection (p)(1), and the reason for each such determination. ``(2) Regular reports.--The Director of the National Science Foundation shall submit to Congress a report containing the information described in paragraph (1) not later than 180 days after the date of enactment of the Cyber Scholarship Opportunities Act of 2017 and not less than once every 2 years thereafter.''; and (5) by adding at the end the following: ``(n) Resources.--The Director of the National Science Foundation shall work with the Director of the Office of Personnel Management to establish an online resource center for the CyberCorps community that consolidates or eliminates other relevant websites, if possible. Such online resource center shall-- ``(1) present up-to-date, accurate information about existing scholarship programs and job opportunities; ``(2) present a modernized view of cybersecurity careers; ``(3) improve user friendliness; and ``(4) allow prospective job applicants to search positions by State, salary, and title. ``(o) Cybersecurity at Kindergarten Through Grade 12 Level.--The Director of the National Science Foundation, in coordination with other Federal agencies as necessary, shall carry out a program to grow and improve cybersecurity education at the kindergarten through grade 12 level that-- ``(1) increases interest in cybersecurity careers; ``(2) helps students practice correct and safe online behavior and understand the foundational principles of cybersecurity; and ``(3) improves teaching methods for delivering cybersecurity content for kindergarten through grade 12 computer science curricula. ``(p) Critical Infrastructure Protection.--Due to the need for skilled cybersecurity professionals to protect the Nation's critical infrastructure, the Director of the National Science Foundation may-- ``(1) grant exceptions to students for fulfilling post- award employment obligations under this section (on a case-by- case basis and in coordination with other Federal agencies) who agree to work in a critical infrastructure mission at a Federal Government corporation or a State, local, or tribal government- affiliated asset, system, or network that is considered to be part of a critical infrastructure sector as described in Presidential Policy Directive-21, issued February 12, 2013 (related to critical infrastructure security and resilience), or any successor; and ``(2) develop a pilot program to enhance critical infrastructure protection training for students pursuing careers in cybersecurity. ``(q) Studies.--The Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management, shall assess-- ``(1) the potential benefits and feasibility of granting scholarship awards under this section to students who do not possess a bachelor's degree to pursue an associate's degree or an industry-recognized credential in a cybersecurity field; and ``(2) how scholarship recipients with an agreement to work at an institution of higher education or local educational agency are supporting the cyber workforce pipeline.''.", "summary": "Cyber Scholarship Opportunities Act of 2017 This bill amends the Cybersecurity Enhancement Act of 2014 to require the federal cyber scholarship-for-service program that the National Science Foundation (NSF) coordinates with the Department of Homeland Security to include scholarship recipients who are students pursuing an associate's degree in a cybersecurity field without the intent of transferring to a bachelor's degree program and who either have a bachelor's degree already or are veterans of the Armed Forces. The post-award employment obligations of scholarship recipients pursuing a doctoral or master's degree may include work at an institution of higher education or for a local educational agency teaching cybersecurity skills. Scholarship eligibility factors are revised to include: (1) an individual's skills and abilities under the National Institute of Standards and Technology's national cybersecurity awareness and education program, and (2) students pursuing a degree on a less than full-time but not less than half-time basis. The NSF must work with the Office of Personnel Management to consolidate information about cyber scholarships programs and job opportunities into a single online resource center. The NSF may carry out a program to improve cybersecurity education at the K-12 level. The NSF may: (1) grant exceptions from the post-award employment obligations to students who agree to work in a critical infrastructure mission at a federal government corporation or a state, local, or tribal government-affiliated component of a critical infrastructure sector; or (2) develop a pilot program to enhance critical infrastructure protection training for students pursuing careers in cybersecurity."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Sexual Violence Elimination Act''. SEC. 2. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING EDUCATION AND PREVENTION. (a) In General.--Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (C)(iii), by striking the period at the end and inserting ``, when the victim of such crime elects or is unable to make such a report.''; and (B) in subparagraph (F)-- (i) in clause (i)(VIII), by striking ``and'' after the semicolon; (ii) in clause (ii)-- (I) by striking ``sexual orientation'' and inserting ``national origin, sexual orientation, gender identity,''; and (II) by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies.''; (2) in paragraph (3), by inserting ``, that withholds the names of victims as confidential,'' after ``that is timely''; (3) in paragraph (6)(A)-- (A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; (B) by inserting before clause (ii), as redesignated by subparagraph (A), the following: ``(i) The terms `dating violence', `domestic violence', and `stalking' have the meaning given such terms in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).''; and (C) by inserting after clause (iv), as redesignated by subparagraph (A), the following: ``(v) The term `sexual assault' means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.''; (4) in paragraph (7)-- (A) by striking ``paragraph (1)(F)'' and inserting ``clauses (i) and (ii) of paragraph (1)(F)''; and (B) by inserting after ``Hate Crime Statistics Act.'' the following: ``For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).''; (5) by striking paragraph (8) and inserting the following: ``(8)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding-- ``(i) such institution's programs to prevent domestic violence, dating violence, sexual assault, and stalking; and ``(ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report. ``(B) The policy described in subparagraph (A) shall address the following areas: ``(i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include-- ``(I) primary prevention and awareness programs for all incoming students and new employees, which shall include-- ``(aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking; ``(bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction; ``(cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction; ``(dd) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual; ``(ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and ``(ff) the information described in clauses (ii) through (vii); and ``(II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I). ``(ii) Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking. ``(iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about-- ``(I) the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order; ``(II) to whom the alleged offense should be reported; ``(III) options regarding law enforcement and campus authorities, including notification of the victim's option to-- ``(aa) notify proper law enforcement authorities, including on-campus and local police; ``(bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and ``(cc) decline to notify such authorities; and ``(IV) where applicable, the rights of victims and the institution's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court. ``(iv) Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that-- ``(I) such proceedings shall-- ``(aa) provide a prompt, fair, and impartial investigation and resolution; ``(bb) be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; and ``(cc) use the preponderance of the evidence standard; ``(II) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and ``(III) both the accuser and the accused shall be simultaneously informed, in writing, of-- ``(aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking; ``(bb) the institution's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding; ``(cc) any change to the results that occurs prior to the time that such results become final; and ``(dd) when such results become final. ``(v) Information about how the institution will protect the confidentiality of victims, including how publicly available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law. ``(vi) Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community. ``(vii) Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. ``(C) A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee's rights and options, as described in clauses (ii) through (vii) of subparagraph (B).''; (6) in paragraph (9), by striking ``The Secretary'' and inserting ``The Secretary, in consultation with the Attorney General of the United States,''; (7) by striking paragraph (16) and inserting the following: ``(16)(A) The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies. ``(B) The Secretary shall seek the advice and counsel of the Attorney General of the United States and the Secretary of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence- based outcome measurements.''; and (8) by striking paragraph (17) and inserting the following: ``(17) No officer, employee, or agent of an institution participating in any program under this title shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection.''. (b) Effective Date.--The amendments made by this section shall take effect with respect to the annual security report under section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution of higher education 1 calendar year after the date of enactment of this Act, and each subsequent calendar year.", "summary": "Campus Sexual Violence Elimination Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to include in their annual security report policies encouraging the accurate and prompt reporting of all crimes to campus police and appropriate law enforcement agencies when crime victims elect to, or are unable to, report the crimes. Requires that report to include: (1) data on the occurrence of certain violent crimes that are motivated by the victim's nationality; and (2) statistics concerning the occurrence of domestic violence, dating violence, and stalking incidents reported to campus security authorities or local police. Requires schools to protect victim confidentiality when reporting criminal threats to the campus community. Directs IHEs to include in their annual security report a statement of policy regarding their programs to prevent domestic violence, dating violence, sexual assault, and stalking and the procedures they follow when such an offense is reported. Requires an IHE's policy regarding those offenses to include: education that promotes awareness of the offenses; possible sanctions or protective measures imposed following disciplinary action; procedures victims should follow after such an offense occurs; institutional disciplinary procedures; information about how the IHE will protect victim confidentiality; the written notification of students and employees concerning on-campus and community services available for victims; and the written notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations, regardless of whether or not they choose to report the crime. Requires students and employees who report having been the victim of such an offense to their IHE, whether it occurred on or off campus, to receive a written notification of their rights and options under the IHE's policy. Directs the Secretary of Education to seek the counsel of the Attorney General and Secretary of Health and Human Services (HHS) regarding the development, and dissemination to IHEs, of best practices for preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Building Code Incentive Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) mitigation planning is the foundation for saving lives, protecting residential and commercial properties, and developing disaster resistant communities; (2) recent studies of the performance of building structures during disasters have demonstrated that the adoption and active enforcement of State building codes have greatly reduced residential and commercial property damage and personal injury resulting from major disasters; (3) modern building codes govern all aspects of construction and are designed to ensure that single-family residential dwellings and commercial structures are protected from natural disasters; (4) the people of the United States rely on active enforcement of modern building codes for assurance that minimum standards for reducing personal injuries and property damages have been met in the buildings they live in, work in, and visit everyday; (5) active enforcement of building codes plays an increasingly important role in public safety and loss prevention of residential and commercial property; (6) active enforcement of building codes based on nationally recognized models reduces the need for public disaster aid, creates sustainable communities, promotes a level and consistent playing field for design professionals, suppliers, and builders, and can contribute to the durability of residential and commercial structures; (7) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal Emergency Management Agency provides Federal assistance to States for mitigation efforts; (8) it is beneficial and appropriate to expand Federal mitigation assistance to encourage States to take a comprehensive and integrated approach to disaster loss reduction; and (9) it is beneficial to the Federal Government and appropriate that Federal mitigation assistance be used to encourage the adoption and active enforcement of State building codes as a disaster mitigation strategy under the auspices of a comprehensive disaster loss reduction plan. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) substantially mitigate the occurrence of loss to residential and commercial property, reduce and minimize damage when losses to residential and commercial property occur, improve the quality and value of residential and commercial property, and reduce the need for public disaster aid; (2) provide incentives for the adoption and active enforcement of State building codes; (3) encourage States to continue their key responsibility to coordinate all State and local activities relating to hazard evaluation and mitigation, as specified in section 201.3(c) of title 44, Code of Federal Regulations, through the adoption and active enforcement of State building codes; and (4) encourage States to require that local governments use a current version of a nationally applicable model building code that address natural hazards as a basis for design and construction of State-sponsored mitigation projects described in section 201.5(b)(4)(iv) of title 44, Code of Federal Regulations. SEC. 4. ADDITIONAL MITIGATION ASSISTANCE. (a) In General.--Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: ``(d) Additional Mitigation Assistance.-- ``(1) In general.--If, at the time of a declaration of a major disaster, the affected State has in effect and is actively enforcing throughout the State a State building code that satisfies the conditions in paragraph (2), the President may increase the maximum total of contributions under this section for the major disaster, as specified in subsection (a) and section 322(e), by an amount equal to 4 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this Act with respect to the major disaster. ``(2) Submission.--To be eligible for an increased Federal share under paragraph (1), a State shall certify to the President that the State has a building code that-- ``(A) is consistent with the most recent version of a nationally recognized model building code; ``(B) has been adopted by the State within 6 years of the most recent version of the nationally recognized model building code; and ``(C) uses the nationally recognized model building code as a minimum standard. ``(3) Approval.--The President shall approve the additional assistance under this section, if the President determines that the certification of the State provided under paragraph (2) is sufficient and is submitted not later than 90 days after the date of a declared disaster. ``(4) Periodic updates.--The President, acting through the Administrator, shall set appropriate standards, by regulation, for the periodic update, resubmittal, and approval of a State building code approved by the President in accordance with paragraph (3) that are consistent with similar requirements related to mitigation planning under section 322. ``(5) Definitions.--In this subsection, the following definitions apply: ``(A) Actively enforcing.--The term `actively enforcing' means effective jurisdictional execution of all phases of a State building code in the process of examination and approval of construction plans, specifications, and technical data and the inspection of new construction or renovation. ``(B) Nationally recognized model building code.-- The term `nationally recognized model building code' means a building code for residential and commercial construction and construction materials that-- ``(i) has been developed and published by a code organization in an open consensus type forum with input from national experts; and ``(ii) is based on national structural design standards that establish minimum acceptable criteria for the design, construction, and maintenance of residential and commercial buildings for the purpose of protecting the health, safety, and general welfare of the building's users against natural disasters. ``(C) State building code.--The term `State building code' means requirements and associated standards for residential and commercial construction and construction materials that are implemented on a statewide basis by ordinance, resolution, law, housing or building code, or zoning ordinance. At a minimum, such requirements and associated standards shall apply-- ``(i) to construction-related activities of residential building contractors applicable to single-family and 2-family residential structures; and ``(ii) to construction-related activities of engineers, architects, designers, and commercial building contractors applicable to the structural safety, design, and construction of commercial, industrial, and multifamily structures. ``(6) Regulations.--Not later than 180 days after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue such regulations as may be necessary to carry out this subsection.''. (b) Applicability.--Section 404(d) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by this section, shall apply to major disasters declared on or after October 24, 2012. Major disasters declared during the period beginning on October 24, 2012 and ending on the date of enactment of this Act, shall have 90 days from date of enactment of this Act to submit the certification required under 404(d)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by this Act.", "summary": "Safe Building Code Incentive Act of 2012 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under the Act if, at the time of a declaration of a major disaster, the affected state certifies that it has in effect and is actively enforcing a state building code that: (1) is consistent with the most recent version of a nationally recognized model building code, (2) has been adopted by the state within six years of the most recent version of the nationally recognized code, and (3) uses the nationally recognized code as a minimum standard. Directs the President to approve the additional assistance upon determining that such certification is sufficient and is submitted not later than 90 days after the date of a declared disaster. Requires the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to set appropriate standards for the periodic update, resubmittal, and approval of state building codes, consistent with similar mitigation planning requirements under the Stafford Act. Makes this Act applicable to major disasters declared on or after October 24, 2012. Allows 90 days from this Act's enactment for submission of the required certification for disasters declared between October 24, 2012, and such enactment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Induced Rape Prevention and Punishment Act of 1996''. SEC. 2. PROVISIONS RELATING TO USE OF A CONTROLLED SUBSTANCE WITH INTENT TO COMMIT A CRIME OF VIOLENCE. (a) Penalties for Distribution.--Section 401(b) of the Controlled Substances Act is amended by adding at the end the following: ``(7) Penalties for distribution.-- ``(A) In general.--Whoever, with intent to commit a crime of violence, as defined in section 16 of title 18, United States Code (including rape), against an individual, violates subsection (a) by distributing a controlled substance to that individual without that individual's knowledge, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(B) Definition.--For purposes of this paragraph, the term `without that individual's knowledge' means that the individual is unaware that a substance with the ability to alter that individual's ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to the individual.''. (b) Additional Penalties Relating to Flunitrazepam.-- (1) General penalties.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended-- (A) in subsection (b)(1)(C), by inserting ``, or 1 gram of flunitrazepam,'' after ``I or II''; and (B) in subsection (b)(1)(D), by inserting ``or 30 milligrams of flunitrazepam,'' after ``schedule III,''. (2) Import and export penalties.-- (A) Section 1009(a) of the Controlled Substances Import and Export Act (21 U.S.C. 959(a)) is amended by inserting ``or flunitrazepam'' after ``I or II''. (B) Section 1010(b)(3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended by inserting ``or flunitrazepam,'' after ``I or II,''. (C) Section 1010(b)(4) of the Controlled Substances Import and Export Act is amended by inserting ``(except a violation involving flunitrazepam)'' after ``III, IV, or V,''. (3) Sentencing guidelines.-- (A) Amendment of sentencing guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend, as appropriate, the sentencing guidelines for offenses involving flunitrazepam. (B) Summary.--The United States Sentencing Commission shall submit to the Congress-- (i) a summary of its review under subparagraph (A); and (ii) an explanation for any amendment to the sentencing guidelines made under subparagraph (A). (C) Serious nature of offenses.--In carrying out this paragraph, the United States Sentencing Commission shall ensure that the sentencing guidelines for offenses involving flunitrazepam reflect the serious nature of such offenses. (c) Increased Penalties for Unlawful Simple Possession of Flunitrazepam.--Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by inserting after ``exceeds 1 gram.'' the following: ``Notwithstanding any penalty provided in this subsection, any person convicted under this subsection for the possession of flunitrazepam shall be imprisoned for not more than 3 years, shall be fined as otherwise provided in this section, or both.''. SEC. 3. STUDY ON RESCHEDULING FLUNITRAZEPAM. (a) Study.--The Administrator of the Drug Enforcement Administration shall, in consultation with other Federal and State agencies, as appropriate, conduct a study on the appropriateness and desirability of rescheduling flunitrazepam as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. 801 et seq.). (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Committees on the Judiciary of the House of Representatives and the Senate the results of the study conducted under subsection (a), together with any recommendations regarding rescheduling of flunitrazepam as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. 801 et seq.). SEC. 4. EDUCATIONAL PROGRAM FOR POLICE DEPARTMENTS. The Attorney General may-- (1) create educational materials regarding the use of controlled substances (as that term is defined in section 102 of the Controlled Substances Act) in the furtherance of rapes and sexual assaults; and (2) disseminate those materials to police departments throughout the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Drug-Induced Rape Prevention and Punishment Act of 1996 - Amends the Controlled Substances Act (CSA) to impose penalties of up to 20 years' imprisonment and a fine for violating CSA provisions by distributing a controlled substance to an individual without that individual's knowledge, with intent to commit a crime of violence (including rape) against such individual. Enhances penalties for certain activities involving flunitrazepam under: (1) the CSA, including manufacturing, distributing, or possessing with intent to distribute specified quantities of flunitrazepam (and increases penalties for unlawful simple possession of flunitrazepam); and (2) the Controlled Substances Import and Export Act, including possessing, manufacturing, and distributing for purposes of unlawful importation of such quantities. Directs: (1) the United States Sentencing Commission to review and amend, as appropriate, the sentencing guidelines for offenses involving flunitrazepam and to ensure that such guidelines reflect the serious nature of such offenses; and (2) the Administrator of the Drug Enforcement Administration, in consultation with other Federal and State agencies as appropriate, to conduct a study on the appropriateness of rescheduling flunitrazepam as a Schedule I controlled substance. Sets forth reporting requirements. Authorizes the Attorney General to create educational materials regarding the use of controlled substances in the furtherance of rapes and sexual assaults for dissemination to police departments throughout the United States."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Employment Opportunity Commission Amendments of 1993''. SEC. 2. INCREASED ENFORCEMENT POWERS FOR THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at the end thereof the following: ``(f)(1) If any agency, department, or unit referred to in subsection (a) fails to submit the plan required under subsection (b) by the time established by the Commission, the Commission may request the head of such agency, department, or unit (or the designated representative of such individual) to appear before the Commission to explain the reasons for the failure to submit the plan and to present any objections to any requirement of the Commission with respect to such plan. ``(2) If, after the head of any agency, department, or unit described in paragraph (1) has been given an opportunity for hearing by the Commission pursuant to such paragraph, such agency, department, or unit has not submitted the plan required under subsection (b), the Commission shall order such agency, department, or unit or any officer or employee of such agency, department, or unit to submit the plan before the end of such period as the Commission determines to be reasonable. The Commission shall enforce compliance with such order. ``(3)(A) In enforcing compliance with any order under paragraph (2), the Commission may initiate a proceeding to determine-- ``(i) who is the officer or employee of the United States responsible for the failure of the agency, department, or unit to comply with such order and the circumstances surrounding the failure to comply, and ``(ii) whether any disciplinary action is warranted against such officer or employee for such failure to comply. The Commission, after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative head of the agency, department, or unit in which such officer or employee is employed and shall send copies of the findings to the officer or employee or his representative. The administrative head of the agency, department, or unit in which such officer or employee is employed shall take any action recommended by the Commission. ``(B) In enforcing compliance with any order under paragraph (2), the Commission may issue an order that-- ``(i) any officer or employee of the agency, department, or unit charged with complying with the order under paragraph (2), or ``(ii) any officer or employee of the United States determined under subparagraph (A) to be responsible for the failure of the agency, department, or unit to comply with the order under paragraph (2), who is not an officer or employee appointed by the President by and with the advice and consent of the Senate, shall not be entitled to receive payment for service as an officer or employee for the period during which the order under paragraph (2) has not been complied with. The Commission shall certify to the Comptroller General of the United States that an order under this paragraph has been issued and no payment shall be made out of the Treasury of the United States for any service specified in such order. ``(C) In enforcing compliance with any order under paragraph (2) with respect to any officer or employee described in clause (i) or (ii) of subparagraph (B) who is an officer or employee appointed by the President by and with the advice and consent of the Senate, the Commission may notify the President that such officer or employee has failed to obey a lawfully issued order of the Commission. ``(g)(1) The authority of the Commission under section 710 to summon witnesses and compel the production of evidence includes the authority to subpoena any officer or employee of the United States who has custody of any information which the Commission determines to be necessary or appropriate to enable it to carry out any duty imposed under this section and to compel the production of such evidence by such officer or employee. ``(2) The authority of the Commission under section 710 to apply for the aid of a district court of the United States to summon witnesses and compel the production of evidence includes the authority to seek such aid to summon officers or employees of the United States as witnesses and to compel the production of evidence referred to in paragraph (1). ``(3) For purposes of any civil action relating to any subpoena issued by the Commission to summon a witness or compel the production of any evidence referred to in paragraph (1), the limitation contained in section 705(b)(2) shall not apply.''. SEC. 3. CLARIFICATION OF CONGRESSIONAL INTENT WITH RESPECT TO CONTENT OF AFFIRMATIVE ACTION PLANS. (a) Employment Goals.--Section 717(b) is amended by inserting before the last sentence the following: ``Such plan shall also include the numerical employment goals established by such agency, department, or unit under section 7201(d) of title 5, United States Code.''. (b) Conforming Amendment.--Section 7201(d)(1) of title 5, United States Code, is amended by striking ``; and'' at the end thereof and inserting the following: ``which shall include the requirement that each Executive agency shall establish numerical employment goals for the purpose of measuring the progress of such agency toward achieving the requirements of this section and section 717(a) of the Civil Rights Act of 1964;''.", "summary": "Equal Employment Opportunity Commission Amendments of 1993 - Amends the Civil Rights Act of 1964 to authorize the Equal Employment Opportunity Commission to request a head of a Federal agency, department, or unit to appear before the Commission and explain the reason for failing to submit an equal employment opportunity plan. Directs the Commission, after an opportunity for a hearing, to order submission of a plan. Requires the Commission to enforce compliance with such order. Authorizes the Commission to initiate disciplinary action, including the withholding of pay, against any officer or employee responsible for failure to comply with an order. States that equal employment opportunity plans shall include the numerical employment goals established by an agency in its minority recruitment program and that each agency should establish numerical employment goals for the purpose of complying with affirmative action plans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``America Gives More Act of 2014''. SEC. 2. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY. (a) Permanent Extension.--Section 170(e)(3)(C) of the Internal Revenue Code of 1986 is amended by striking clause (iv). (b) Increase in Limitation.--Section 170(e)(3)(C) of such Code, as amended by subsection (a), is amended by striking clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (i) the following new clauses: ``(ii) Limitation.--The aggregate amount of such contributions for any taxable year which may be taken into account under this section shall not exceed-- ``(I) in the case of any taxpayer other than a C corporation, 15 percent of the taxpayer's aggregate net income for such taxable year from all trades or businesses from which such contributions were made for such year, computed without regard to this section, and ``(II) in the case of a C corporation, 15 percent of taxable income (as defined in subsection (b)(2)(D)). ``(iii) Rules related to limitation.-- ``(I) Carryover.--If such aggregate amount exceeds the limitation imposed under clause (ii), such excess shall be treated (in a manner consistent with the rules of subsection (d)) as a charitable contribution described in clause (i) in each of the 5 succeeding years in order of time. ``(II) Coordination with overall corporate limitation.--In the case of any charitable contribution allowable under clause (ii)(II), subsection (b)(2)(A) shall not apply to such contribution, but the limitation imposed by such subsection shall be reduced (but not below zero) by the aggregate amount of such contributions. For purposes of subsection (b)(2)(B), such contributions shall be treated as allowable under subsection (b)(2)(A).''. (c) Determination of Basis for Certain Taxpayers.--Section 170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is amended by adding at the end the following new clause: ``(v) Determination of basis for certain taxpayers.--If a taxpayer-- ``(I) does not account for inventories under section 471, and ``(II) is not required to capitalize indirect costs under section 263A, the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 25 percent of the fair market value of such food.''. (d) Determination of Fair Market Value.--Section 170(e)(3)(C) of such Code, as amended by subsections (a), (b), and (c), is amended by adding at the end the following new clause: ``(vi) Determination of fair market value.--In the case of any such contribution of apparently wholesome food which cannot or will not be sold solely by reason of internal standards of the taxpayer, lack of market, or similar circumstances, or by reason of being produced by the taxpayer exclusively for the purposes of transferring the food to an organization described in subparagraph (A), the fair market value of such contribution shall be determined-- ``(I) without regard to such internal standards, such lack of market, such circumstances, or such exclusive purpose, and ``(II) by taking into account the price at which the same or substantially the same food items (as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not so sold at such time, in the recent past).''. (e) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to contributions made after December 31, 2013, in taxable years ending after such date. (2) Limitation; applicability to c corporations.--The amendments made by subsection (b) shall apply to contributions made in taxable years beginning after December 31, 2013. SEC. 3. RULE ALLOWING CERTAIN TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENTS ACCOUNTS FOR CHARITABLE PURPOSES MADE PERMANENT. (a) In General.--Section 408(d)(8) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F). (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2013. SEC. 4. SPECIAL RULE FOR QUALIFIED CONSERVATION CONTRIBUTIONS MODIFIED AND MADE PERMANENT. (a) Made Permanent.-- (1) Individuals.--Subparagraph (E) of section 170(b)(1) of the Internal Revenue Code of 1986 is amended by striking clause (vi). (2) Corporations.--Subparagraph (B) of section 170(b)(2) of such Code is amended by striking clause (iii). (b) Contributions of Capital Gain Real Property Made for Conservation Purposes by Native Corporations.-- (1) In general.--Paragraph (2) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph: ``(C) Qualified conservation contributions by certain native corporations.-- ``(i) In general.--Any qualified conservation contribution (as defined in subsection (h)(1)) which-- ``(I) is made by a Native Corporation, and ``(II) is a contribution of property which was land conveyed under the Alaska Native Claims Settlement Act, shall be allowed to the extent that the aggregate amount of such contributions does not exceed the excess of the taxpayer's taxable income over the amount of charitable contributions allowable under subparagraph (A). ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(2)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. ``(iii) Native corporation.--For purposes of this subparagraph, the term `Native Corporation' has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act.''. (2) Conforming amendment.--Section 170(b)(2)(A) of such Code is amended by striking ``subparagraph (B) applies'' and inserting ``subparagraph (B) or (C) applies''. (3) Valid existing rights preserved.--Nothing in this subsection (or any amendment made by this subsection) shall be construed to modify the existing property rights validly conveyed to Native Corporations (within the meaning of section 3(m) of the Alaska Native Claims Settlement Act) under such Act. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2013. SEC. 5. EXTENSION OF TIME FOR MAKING CHARITABLE CONTRIBUTIONS. (a) In General.--Subsection (a) of section 170 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Treatment of charitable contributions made by individuals before due date of return.--If any charitable contribution is made by an individual after the close of a taxable year but not later than the due date (determined without regard to extensions) for the return of tax for such taxable year, then the taxpayer may elect to treat such charitable contribution as made in such taxable year. Such election shall be made at such time and in such manner as the Secretary may provide. For purposes of this paragraph, an individual's distributive share of a partnership's charitable contribution, and an individual's pro rata share of an S corporation's charitable contribution, shall not be treated as charitable contributions made by such individual.''. (b) Effective Date.--The amendments made by this section shall apply to elections made with respect to taxable years beginning after December 31, 2013. SEC. 6. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVESTMENT INCOME OF PRIVATE FOUNDATIONS. (a) In General.--Section 4940(a) of the Internal Revenue Code of 1986 is amended by striking ``2 percent'' and inserting ``1 percent''. (b) Elimination of Reduced Tax Where Foundation Meets Certain Distribution Requirements.--Section 4940 of such Code is amended by striking subsection (e). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. BUDGETARY EFFECTS. (a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO Scorecards.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). Passed the House of Representatives July 17, 2014. Attest: KAREN L. HAAS, Clerk.", "summary": "America Gives More Act of 2014 - Amends the Internal Revenue Code to: (1) make permanent the enhanced tax deduction for charitable contributions of food inventory; (2) increase from 10% to 15% of the aggregate net income of taxpayers other than C corporations the amount of deductible food inventory contributions which such taxpayers may make in any taxable year (for a C corporation, 15% of its taxable income); (3) permit a taxpayer who is not required to account for inventories or capitalize indirect costs, to elect, solely for purposes of computing the amount of the deduction, to treat the basis of any apparently wholesome food (as defined in the Bill Emerson Good Samaritan Food Donation Act) as equal to 25% of the fair market value of such food; and (4) set forth a formula for determining the fair market value of such food. Makes permanent: (1) tax-free distributions from individual retirement accounts (IRAs) for charitable purposes, and (2) the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes. Allows taxpayers to treat a charitable contribution made after the close of the taxable year but before the due date of the tax return as being made in such taxable year. Reduces from 2% to 1% the excise tax rate on the net investment income of tax-exempt private foundations. Repeals the 1% reduction in such tax rate for private foundations that meet certain distribution requirements. Prohibits the entry of the budgetary effects of this Act on any PAYGO (pay-as-you-go) scorecard."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwest Forest Health and Wildfire Prevention Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) there is an increasing threat of wildfire to millions of acres of forest land and rangeland throughout the United States; (2) forest land and rangeland are degraded as a direct consequence of land management practices, including practices to control and prevent wildfires and the failure to harvest subdominant trees from overstocked stands that disrupt the occurrence of frequent low-intensity fires that have periodically removed flammable undergrowth; (3) at least 39,000,000 acres of land of the National Forest System in the interior West are at high risk of wildfire; (4) an average of 95 percent of the expenditures by the Forest Service for wildfire suppression during fiscal years 1990 through 1994 were made to suppress wildfires in the interior West; (5) the number, size, and severity of wildfires in the interior West are increasing; (6) of the timberland in National Forests in the States of Arizona and New Mexico, 59 percent of such land in Arizona, and 56 percent of such land in New Mexico, has an average diameter of 9 to 12 inches diameter at breast height; (7) the population of the interior West grew twice as fast as the national average during the 1990s; (8) catastrophic wildfires-- (A) endanger homes and communities; (B) damage and destroy watersheds and soils; and (C) pose a serious threat to the habitat of threatened and endangered species; (9) a 1994 assessment of forest health in the interior West estimated that only a 15- to 30-year window of opportunity exists for effective management intervention before damage from uncontrollable wildfire becomes widespread, with 8 years having already elapsed since the assessment; (10) healthy forest and woodland ecosystems-- (A) reduce the risk of wildfire to forests and communities; (B) improve wildlife habitat and biodiversity; (C) increase tree, grass, forb, and shrub productivity; (D) enhance watershed values; (E) improve the environment; and (F) provide a basis in some areas for economically and environmentally sustainable uses; (11) sustaining the long-term ecological and economic health of interior West forests and woodland, and their associated human communities requires preventing severe wildfires before the wildfires occur and permitting natural, low-intensity ground fires; (12) more natural fire regimes cannot be accomplished without the reduction of excess fuels and thinning of subdominant trees (which fuels and trees may be of commercial value); (13) ecologically based forest and woodland ecosystem restoration on a landscape scale will-- (A) improve long-term community protection; (B) minimize the need for wildfire suppression; (C) improve resource values; (D) improve the ecological integrity and resilience of these systems; (E) reduce rehabilitation costs; (F) reduce loss of critical habitat; and (G) protect forests for future generations; (14) although landscape scale restoration is needed to effectively reverse degradation, scientific understanding of landscape scale treatments is limited; (15) rigorous, objective, understandable, and applied scientific information is needed for-- (A) the design, implementation, monitoring, and adaptation of landscape scale restoration treatments and improvement of wildfire management; (B) the environmental review process; and (C) affected entities that collaborate in the development and implementation of wildfire treatment. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to enhance the capacity to develop, transfer, apply, monitor, and regularly update practical science-based forest restoration treatments that will reduce the risk of severe wildfires, and improve the health of dry forest and woodland ecosystems in the interior West; (2) to synthesize and adapt scientific findings from conventional research programs to the implementation of forest and woodland restoration on a landscape scale; (3) to facilitate the transfer of interdisciplinary knowledge required to understand the socioeconomic and environmental impacts of wildfire on ecosystems and landscapes; (4) to require the Institutes established under this Act to collaborate with Federal agencies-- (A) to use ecological restoration treatments to reverse declining forest health and reduce the risk of severe wildfires across the forest landscape; and (B) to design, implement, monitor, and regularly revise representative wildfire treatments based on the use of adaptive ecosystem management; (5) to assist land managers in-- (A) treating acres with restoration-based applications; and (B) using new management technologies (including the transfer of understandable information, assistance with environmental review, and field and classroom training and collaboration) to accomplish the goals identified in-- (i) the National Fire Plan; (ii) the report entitled ``Protecting People and Sustaining Resources in Fire-Adapted Ecosystems-A Cohesive Strategy'' (65 Fed. Reg. 67480); and (iii) the report entitled ``10-Year Comprehensive Strategy: A Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment'' of the Western Governors' Association; (6) to provide technical assistance to collaborative efforts by affected entities to develop, implement, and monitor adaptive ecosystem management restoration treatments that are ecologically sound, economically viable, and socially responsible; and (7) to assist Federal and non-Federal land managers in providing information to the public on the role of fire and fire management in dry forest and woodland ecosystems in the interior West. SEC. 4. DEFINITIONS. In this Act: (1) Adaptive ecosystem management.-- (A) Definition.--The term ``adaptive ecosystem management'' means a natural resource management process under which planning, implementation, monitoring, research, evaluation, and incorporation of new knowledge are combined into a management approach that-- (i) is based on scientific findings and the needs of society; (ii) treats management actions as experiments; (iii) acknowledges the complexity of these systems and scientific uncertainty; and (iv) uses the resulting new knowledge to modify future management methods and policy. (B) Clarification.--This paragraph shall not define the term ``adaptive ecosystem management'' for the purposes of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.). (2) Affected entities.--The term ``affected entities'' includes-- (A) land managers; (B) stakeholders; (C) concerned citizens; and (D) the States of the interior West, including political subdivisions of the States. (3) Dry forest and woodland ecosystem.--The term ``dry forest and woodland ecosystem'' means an ecosystem that is dominated by ponderosa pines and associated dry forest and woodland types. (4) Institute.--The term ``Institute'' means an Institute established under section 5(a). (5) Interior west.--The term ``interior West'' means the States of Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah. (6) Land manager.-- (A) In general.--The term ``land manager'' means a person or entity that practices or guides natural resource management. (B) Inclusions.--The term ``land manager'' includes a Federal, State, local, or tribal land management agency. (7) Restoration.--The term ``restoration'' means a process undertaken to move an ecosystem or habitat toward-- (A) a sustainable structure of the ecosystem or habitat; or (B) a condition that supports a natural complement of species, natural function, or ecological process (such as a low-intensity fire). (8) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (9) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior. (10) Stakeholder.--The term ``stakeholder'' means any person interested in or affected by management of forest or woodland ecosystems. (11) Subdominant trees.--Are trees that occur underneath the canopy or extend into the canopy but are smaller and less vigorous than dominant trees. (12) Overstocked stands.--Where the number of trees per acre exceeds the natural carrying capacity of the site. (13) Resilience.--The ability of a system to absorb disturbance without being pushed into a different, possibly less desirable stable state. SEC. 5. ESTABLISHMENT OF INSTITUTES. (a) In General.--The Secretary, in consultation with the Secretary of the Interior, shall-- (1) not later than 180 days after the date of enactment of this Act, establish Institutes to promote the use of adaptive ecosystem management to reduce the risk of wildfires, and restore the health of forest and woodland ecosystems, in the interior West; and (2) provide assistance to the Institutes to promote the use of collaborative processes and adaptive ecosystem management in accordance with paragraph (1). (b) Location.-- (1) Existing institutes.--The Secretary may designate an institute in existence on the date of enactment of this Act to serve as an Institute established under this Act. (2) States.--Of the Institutes established under this Act, the Secretary shall establish 1 Institute in each of-- (A) the State of Arizona, to be located at Northern Arizona University; (B) the State of New Mexico, to be located at New Mexico Highlands University, while engaging the full resources of the consortium of universities represented in the Institute of Natural Resource Analysis and Management (INRAM); and (C) the State of Colorado. (c) Duties.--Each Institute shall-- (1) develop, conduct research on, transfer, promote, and monitor restoration-based hazardous fuel reduction treatments to reduce the risk of severe wildfires and improve the health of dry forest and woodland ecosystems in the interior West; (2) synthesize and adapt scientific findings from conventional research to implement restoration-based hazardous fuel reduction treatments on a landscape scale using an adaptive ecosystem management framework; (3) translate for and transfer to affected entities any scientific and interdisciplinary knowledge about restoration-based hazardous fuel reduction treatments; (4) assist affected entities with the design of adaptive management approaches (including monitoring) for the implementation of restoration-based hazardous fuel reduction treatments; and (5) provide peer-reviewed annual reports. (d) Qualifications.--Each Institute shall-- (1) develop and demonstrate capabilities in the natural, physical, social, and policy sciences; and (2) explicitly integrate those disciplines in the performance of the duties listed in subsection (c). (e) Cooperation.--Each Institute may cooperate with-- (1) researchers and cooperative extension programs at colleges, community colleges, and universities in the States of Arizona, New Mexico, and Colorado that have a demonstrated capability to conduct research described in subsection (c); and (2) other organizations and entities in the interior West (such as the Western Governors' Association). (f) Annual Work Plans.--As a condition of the receipt of funds made available under this Act, for each fiscal year, each Institute shall develop in consultation with the Secretary, for review by the Secretary, in consultation with the Secretary of the Interior, an annual work plan that includes assurances, satisfactory to the Secretaries, that the proposed work of the Institute will serve the informational needs of affected entities. (g) Establishment of Additional Institutes.--If after 2 years after the date of the enactment of this Act, the Secretary finds that the Institute model established at the locations named in subsection (b)(2) would be constructive for other interior West States, the Secretary may establish 1 institute in each of those States. SEC. 6. COOPERATION BETWEEN INSTITUTES AND FEDERAL AGENCIES. In carrying out this Act, the Secretary, in consultation with the Secretary of the Interior-- (1) to the extent that funds are appropriated for the purpose, shall provide financial and technical assistance to the Institutes to carry out the duties of the Institutes under section 5; (2) shall encourage Federal agencies to use, on a cooperative basis, information and expertise provided by the Institutes; (3) shall encourage cooperation and coordination between Federal programs relating to-- (A) ecological restoration; (B) wildfire risk reduction; and (C) wildfire management technologies; (4) notwithstanding chapter 63 of title 31, United States Code, may-- (A) enter into contracts, cooperative agreements, and interagency personnel agreements to carry out this Act; and (B) carry out other transactions under this Act; (5) may accept funds from other Federal agencies to supplement or fully fund grants made, and contracts entered into, by the Secretaries; (6) may support a program of internships for qualified individuals at the undergraduate and graduate levels to carry out the educational and training objectives of this Act; (7) shall encourage professional education and public information activities relating to the purposes of this Act; and (8) may promulgate such regulations as the Secretaries determine are necessary to carry out this Act. SEC. 7. MONITORING AND EVALUATION. (a) In General.--Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall complete and submit to the Committee on Resources and the Committee on Agriculture of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate a detailed evaluation of the programs and activities of each Institute-- (1) to ensure, to the maximum extent practicable, that the research, communication tools, and information transfer activities of each Institute are sufficient to achieve the purposes of this Act, including-- (A) implementing active adaptive ecosystem management practices at the landscape level; (B) reducing unnecessary planning costs; (C) avoiding duplicative and conflicting efforts; (D) increasing public acceptance of active adaptive ecosystem management practices; and (E) achieving general satisfaction on the part of affected entities; (2) to determine the extent to which each Institute has implemented its duties under section 5(c); and (3) to determine whether continued provision of Federal assistance to each Institute is warranted. (b) Termination of Assistance.--If, as a result of an evaluation under subsection (a), the Secretary, in consultation with the Secretary of the Interior, determines that an Institute does not qualify for further Federal assistance under this Act, the Institute shall receive no further Federal assistance under this Act until such time as the qualifications of the Institute are reestablished to the satisfaction of the Secretaries. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $15,000,000 for each fiscal year. (b) Limitation.--No funds made available under subsection (a) shall be used to pay the costs of constructing any facilities. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Southwest Forest Health and Wildfire Prevention Act of 2004 - (Sec. 5) Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to: (1) establish Institutes to promote the use of adaptive ecosystem management to reduce the risk of wildfires and restore the health of forest and woodland ecosystems in the interior West (Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah); and (2) assist the Institutes in promoting the use of collaborative processes and adaptive ecosystems management. Requires, initially, the establishment of three Institutes, with: (1) one in Arizona, at Northern Arizona University; (2) one in New Mexico, at New Mexico Highlands University, while engaging the full resources of the consortium of universities represented in the Institute of Natural Resource Analysis and Management; and (3) one in Colorado. Defines the term \"adaptive ecosystem management\" to mean a natural resource management process under which planning, implementation, monitoring, research, evaluation, and incorporation of new knowledge are combined into a management approach that: (1) is based on scientific findings and the needs of society; (2) treats management actions as experiments; (3) acknowledges the complexity of these systems and scientific uncertainty; and (4) uses the resulting new knowledge to modify future management methods and policy. Prohibits the definition of such term for the purposes of the Forest and Rangeland Renewable Resources Planning Act of 1974. Requires each Institute to: (1) develop, conduct research on, transfer, promote, and monitor restoration-based hazardous fuel reduction treatments to reduce the risk of severe wildfires and improve the health of dry forest and woodland ecosystems in the interior West; (2) synthesize and adapt scientific findings from conventional research to implement such fuel reduction treatments on a landscape scale using an adaptive ecosystem management framework; (3) translate for and transfer to affected entities (land managers, stakeholders, concerned citizens, and States of the interior West) any scientific and interdisciplinary knowledge about such fuel reduction treatments; (4) assist affected entities with the design of adaptive management approaches (including monitoring) for the implementation of such fuel reduction treatments; and (5) provide peer-reviewed annual reports. Requires each Institute to: (1) develop and demonstrate capabilities in the natural, physical, social, and policy sciences, and explicitly integrate those disciplines in the performance of such duties; and (2) develop an annual work plan for review by the Secretary. Authorizes the Secretary to establish one institute in each of the other interior West States, if after two years, the Secretary finds that the Institute model would be constructive for those States. (Sec. 6) Provides for cooperation between the Institutes and Federal programs. Encourages cooperation and coordination between Federal programs relating to ecological restoration, wildfire risk reduction, and wildfire management technologies. (Sec. 7) Requires the Secretary to evaluate and report to specified congressional committees every five years on the programs and activities of each Institute. (Sec. 8) Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Distilled Spirits Tax Payment Simplification Act of 1997''. (b) Reference to 1986 Code.--Except as otherwise expressly provided, whenever an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. TRANSFER OF DISTILLED SPIRITS BETWEEN BONDED PREMISES. (a) In General.--Section 5212 is amended to read as follows: ``SEC. 5212. TRANSFER OF DISTILLED SPIRITS BETWEEN BONDED PREMISES. ``Distilled spirits on which the internal revenue tax has not been paid as authorized by law may, under such regulations as the Secretary shall prescribe, be transferred in bond between bonded premises in any approved container. For the purposes of this chapter, except in the case of any transfer from a premise of a bonded dealer, the removal of distilled spirits for transfer in bond between bonded premises shall not be construed to be a withdrawal from bonded premises.''. (b) Conforming Amendment.--The first sentence of section 5232(a) (relating to transfer to distilled spirits plant without payment of tax) is amended to read as follows: ``Distilled spirits imported or brought into the United States, under such regulations as the Secretary shall prescribe, may be withdrawn from customs custody and transferred to the bonded premises of a distilled spirits plant without payment of the internal revenue tax imposed on such distilled spirits.''. SEC. 3. ESTABLISHMENT OF DISTILLED SPIRITS PLANT. Section 5171 (relating to establishment) is amended-- (1) in subsection (a), by striking ``or processor'' and inserting ``processor, or bonded dealer''; (2) in subsection (b), by striking ``or as both'' and inserting ``as a bonded dealer, or as any combination thereof''; (3) in subsection (e)(1), by inserting ``, bonded dealer,'' before ``processor''; and (4) in subsection (e)(2), by inserting ``bonded dealer,'' before ``or processor''. SEC. 4. DISTILLED SPIRITS PLANTS. Section 5178(a) (relating to location, construction, and arrangement) is amended by adding at the end the following: ``(5) Bonded dealer operations.--Any person establishing a distilled spirits plant to conduct operations as a bonded dealer may, as described in the application for registration-- ``(A) store distilled spirits in any approved container on the bonded premises of such plant, and ``(B) under such regulations as the Secretary shall prescribe, store taxpaid distilled spirits, beer, and wine, and such other beverages and items (products) not subject to tax or regulation under this title on such bonded premises.''. SEC. 5. BONDED DEALERS. (a) Definitions.--Section 5002(a) (relating to definitions) is amended by adding at the end the following: ``(16) Bonded Dealer.--The term `bonded dealer' means any person who has elected under section 5011 to be treated as a bonded dealer. ``(17) Control State Entity.--The term `control State entity' means a State, a political subdivision of a State, or any instrumentality of such a State or political subdivision, in which only the State, political subdivision, or instrumentality is allowed under applicable law to perform distilled spirit operations.''. (b) Election To Be Treated as a Bonded Dealer.--Subpart A of part I of subchapter A of chapter 51 (relating to distilled spirits) is amended by adding at the end the following: ``SEC. 5011. ELECTION TO BE TREATED AS BONDED DEALER. ``(a) Election.--Any wholesale dealer or any control State entity may elect, at such time and in such manner as the Secretary shall prescribe, to be treated as a bonded dealer if such wholesale dealer or entity sells bottled distilled spirits exclusively to a wholesale dealer in liquor, to an independent retail dealer subject to the limitation set forth in subsection (b), or to another bonded dealer. ``(b) Limitation in Case of Sales to Retail Dealers.-- ``(1) By bonded dealer.--Any person, other than a control State entity, who is a bonded dealer shall not be considered as selling to an independent retail dealer if-- ``(A) the bonded dealer has a greater than 10 percent ownership interest in, or control of, the retail dealer; ``(B) the retail dealer has a greater than 10 percent ownership interest in, or control of, the bonded dealer; or ``(C) any person has a greater than 10 percent ownership interest in, or control of, both the bonded and retail dealer. For purposes of this paragraph, ownership interest, not limited to stock ownership, shall be attributed to other persons in the manner prescribed by section 318. ``(2) By control state entity.--In the case of any control State entity, subsection (a) shall be applied by substituting `retail dealer' for `independent retail dealer'. ``(c) Inventory Owned at Time of Election.--Any bottled distilled spirits in the inventory of any person electing under this section to be treated as a bonded dealer shall, to the extent that the tax under this chapter has been previously determined and paid at the time the election becomes effective, not be subject to such additional tax on such spirits as a result of the election being in effect. ``(d) Revocation of Election.--The election made under this section may be revoked by the bonded dealer at any time, but once revoked shall not be made again without the consent of the Secretary. When the election is revoked, the bonded dealer shall immediately withdraw the distilled spirits on determination of tax in accordance with a tax payment procedure established by the Secretary. ``(e) Equitable Treatment of Bonded Dealers Using LIFO Inventory.-- The Secretary shall provide such rules as may be necessary to assure that taxpayers using the last-in, first-out method of inventory valuation do not suffer a recapture of their LIFO reserve by reason of making the election under this section or by reason of operating a bonded wine cellar as permitted by section 5351. ``(f) Approval of Application.--Any person submitting an application under section 5171(c) and electing under this section to be treated as a bonded dealer shall be entitled to approval of such application to the same extent such person would be entitled to approval of an application for a basic permit under section 104(a)(2) of the Federal Alcohol Administration Act (27 U.S.C 204(a)(2)), and shall be accorded notice and hearing as described in section 104(b) of such Act (27 U.S.C. 204(b)).''. (c) Conforming Amendment.--The tables of sections of subpart A of part I of subchapter A of chapter 51 is amended by adding at the end the following: ``Sec. 5011. Election to be treated as bonded dealer.''. SEC. 6. DETERMINATION OF TAX. The first sentence of section 5006(a)(1) (relating to requirements) is amended to read as follows: ``Except as otherwise provided in this section, the tax on distilled spirits shall be determined when the spirits are transferred from a distilled spirits plant to a bonded dealer or are withdrawn from bond.''. SEC. 7. LOSS OR DESTRUCTION OF DISTILLED SPIRITS. Section 5008 (relating to abatement, remission, refund, and allowance for loss or destruction of distilled spirits) is amended-- (1) in subsections (a)(1)(A) and (a)(2), by inserting ``bonded dealer,'' after ``distilled spirits plant,'' both places it appears; (2) in subsection (c)(1), by striking ``of a distilled spirits plant''; and (3) in subsection (c)(2), by striking ``distilled spirits plant'' and inserting ``bonded premises''. SEC. 8. TIME FOR COLLECTING TAX ON DISTILLED SPIRITS. (a) In General.--Section 5061(d) (relating to time for collecting tax on distilled spirits, wines, and beer) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following: ``(5) Advanced payment of distilled spirits tax.-- Notwithstanding the preceding provisions of this subsection, in the case of any tax imposed by section 5001 with respect to a bonded dealer who has an election in effect on September 20 of any year, any payment of which would, but for this paragraph, be due in October or November of that year, such payment shall be made on such September 20. No penalty or interest shall be imposed for the period from such September 20 until the due date determined without regard to this paragraph to the extent that tax due exceeds the tax which would have been due with respect to distilled spirits in the preceding October and November had the election under section 5011 been in effect.''. (b) Conforming Amendment.--Section 5061(e)(1) (relating to payment by electronic fund transfer) is amended by inserting ``or any bonded dealer,'' after ``respectively,''. SEC. 9. EXEMPTION FROM OCCUPATIONAL TAX NOT APPLICABLE. Section 5113(a) (relating to sales by proprietors of controlled premises) is amended by adding at the end the following: ``This subsection shall not apply to a proprietor of a distilled spirits plant whose premises are used for operations of a bonded dealer.''. SEC. 10. CONFORMING AMENDMENTS. (1) Section 5003(3) is amended by striking ``certain''. (2) Section 5214 is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following: ``(b) Exception.--Paragraphs (1), (2), (3), (5), (10), (11), and (12) of subsection (a) shall not apply to distilled spirits withdrawn from premises used for operations as a bonded dealer.''. (3) Section 5215 is amended-- (A) in subsection (a), by striking ``the bonded premises'' and all that follows through the period and inserting ``bonded premises.''; (B) in the heading of subsection (b), by striking ``a Distilled Spirits Plant'' and inserting ``Bonded Premises''; and (C) in subsection (d), by striking ``a distilled spirits plant'' and inserting ``bonded premises''. (4) Section 5362(b)(5) is amended by adding at the end the following: ``The term does not mean premises used for operations as a bonded dealer.''. (5) Section 5551(a) is amended by inserting ``bonded dealer,'' after ``processor'' both places it appears. (6) Subsections (a)(2) and (b) of section 5601 are each amended by inserting ``, bonded dealer,'' before ``or processor'' . (7) Paragraphs (3), (4), and (5) of section 5601(a) are each amended by inserting ``bonded dealer,'' before ``or processor'' . (8) Section 5602 is amended-- (A) by inserting ``, warehouseman, processor, or bonded dealer'' after ``distiller''; and (B) in the heading, by striking ``by distiller''. (9) Sections 5115, 5180, and 5681 are repealed. (10) The table of sections for part II of subchapter A of chapter 51 is amended by striking the item relating to section 5115. (11) The table of sections for subchapter B of chapter 51 is amended by striking the item relating to section 5180. (12) The item relating to section 5602 in the table of sections for part I of subchapter J of chapter 51 is amended by striking ``by distiller''. (13) The table of sections for part IV of subchapter J of chapter 51 is amended by striking the item relating to section 5681. SEC. 11. REGISTRATION FEES. (a) General Rule.--The Director of the Bureau of Alcohol, Tobacco, and Firearms shall, in accordance with this section, assess and collect registration fees solely to defray a portion of any net increased costs of regulatory activities of the Government resulting from enactment of this Act. (b) Persons Subject to Fee.--Fees shall be paid in a manner prescribed by the Director by the bonded dealer. (c) Amount and Timing of Fees.--Fees shall be paid annually and shall not exceed $1,000 per bonded premise. (d) Deposit and Credit.--The moneys received during any fiscal year from fees described in subsection (a) shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to conduct the regulatory activities of the Government resulting from enactment of this Act. (e) Limitation.--The aggregate amount of fees assessed and collected under this section may not exceed in any fiscal year the aggregate amount of any net increased costs of regulatory activity referred to in subsection (a). SEC. 12. COOPERATIVE AGREEMENTS. (a) Study.--The Secretary of the Treasury shall study and report to Congress concerning possible administrative efficiencies which could inure to the benefit of the Federal Government of cooperative agreements with States regarding the collection of distilled spirits excise taxes. Such study shall include, but not be limited to, possible benefits of the standardization of forms and collection procedures and shall be submitted 1 year after the date of enactment of this Act. (b) Cooperative Agreement.--The Secretary of the Treasury is authorized to enter into such cooperative agreements with States which the Secretary deems will increase the efficient collection of distilled spirits excise taxes. SEC. 13. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act take effect on the date which is 120 days after the date of enactment of this Act. (b) Exceptions.-- (1) Establishment of distilled spirits plant.--The amendments made by section 3 take effect on the date of enactment of this Act. (2) Special rule.--Each wholesale dealer who is required to file an application for registration under section 5171(c) of the Internal Revenue Code of 1986 whose operations are required to be covered by a basic permit under sections 103 and 104 of the Federal Alcohol Administration Act (27 U.S.C. 203, 204) and who has received such basic permits as an importer, wholesaler, or as both, and has obtained a bond required under subchapter B of chapter 51 of subtitle E of such Code before the close of the fourth month following the date of enactment of this Act, shall be qualified to operate bonded premises until such time as the Secretary of the Treasury takes final action on the application. Any control State entity (as defined in section 5002(a)(17) of such Code, as added by section 5(a)) that has obtained a bond required under such subchapter shall be qualified to operate bonded premises until such time as the Secretary of the Treasury takes final action on the application for registration under section 5171(c) of such Code.", "summary": "Distilled Spirits Tax Payment Simplification Act of 1997 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits (including imported distilled spirits) between bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises. Directs the Director of the Bureau of Alcohol, Tobacco, and Firearms to assess and collect registration fees to defray a portion of the costs resulting from the enactment of this Act. Directs the Secretary of the Treasury to study and report to the Congress concerning cooperative agreements regarding the collection of distilled spirits excise taxes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting America's Charities Act''. SEC. 2. SPECIAL RULE FOR QUALIFIED CONSERVATION CONTRIBUTIONS MODIFIED AND MADE PERMANENT. (a) Made Permanent.-- (1) Individuals.--Section 170(b)(1)(E) of the Internal Revenue Code of 1986 is amended by striking clause (vi). (2) Corporations.--Section 170(b)(2)(B) of such Code is amended by striking clause (iii). (b) Contributions of Capital Gain Real Property Made for Conservation Purposes by Native Corporations.-- (1) In general.--Section 170(b)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph: ``(C) Qualified conservation contributions by certain native corporations.-- ``(i) In general.--Any qualified conservation contribution (as defined in subsection (h)(1)) which-- ``(I) is made by a Native Corporation, and ``(II) is a contribution of property which was land conveyed under the Alaska Native Claims Settlement Act, shall be allowed to the extent that the aggregate amount of such contributions does not exceed the excess of the taxpayer's taxable income over the amount of charitable contributions allowable under subparagraph (A). ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(2)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. ``(iii) Native corporation.--For purposes of this subparagraph, the term `Native Corporation' has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act.''. (2) Conforming amendment.--Section 170(b)(2)(A) of such Code is amended by striking ``subparagraph (B) applies'' and inserting ``subparagraph (B) or (C) applies''. (3) Valid existing rights preserved.--Nothing in this subsection (or any amendment made by this subsection) shall be construed to modify the existing property rights validly conveyed to Native Corporations (within the meaning of section 3(m) of the Alaska Native Claims Settlement Act) under such Act. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2013. SEC. 3. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY. (a) Permanent Extension.--Section 170(e)(3)(C) of the Internal Revenue Code of 1986 is amended by striking clause (iv). (b) Increase in Limitation.--Section 170(e)(3)(C) of such Code, as amended by subsection (a), is amended by striking clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (i) the following new clauses: ``(ii) Limitation.--The aggregate amount of such contributions for any taxable year which may be taken into account under this section shall not exceed-- ``(I) in the case of any taxpayer other than a C corporation, 15 percent of the taxpayer's aggregate net income for such taxable year from all trades or businesses from which such contributions were made for such year, computed without regard to this section, and ``(II) in the case of a C corporation, 15 percent of taxable income (as defined in subsection (b)(2)(D)). ``(iii) Rules related to limitation.-- ``(I) Carryover.--If such aggregate amount exceeds the limitation imposed under clause (ii), such excess shall be treated (in a manner consistent with the rules of subsection (d)) as a charitable contribution described in clause (i) in each of the 5 succeeding years in order of time. ``(II) Coordination with overall corporate limitation.--In the case of any charitable contribution allowable under clause (ii)(II), subsection (b)(2)(A) shall not apply to such contribution, but the limitation imposed by such subsection shall be reduced (but not below zero) by the aggregate amount of such contributions. For purposes of subsection (b)(2)(B), such contributions shall be treated as allowable under subsection (b)(2)(A).''. (c) Determination of Basis for Certain Taxpayers.--Section 170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is amended by adding at the end the following new clause: ``(v) Determination of basis for certain taxpayers.--If a taxpayer-- ``(I) does not account for inventories under section 471, and ``(II) is not required to capitalize indirect costs under section 263A, the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 25 percent of the fair market value of such food.''. (d) Determination of Fair Market Value.--Section 170(e)(3)(C) of such Code, as amended by subsections (a), (b), and (c), is amended by adding at the end the following new clause: ``(vi) Determination of fair market value.--In the case of any such contribution of apparently wholesome food which cannot or will not be sold solely by reason of internal standards of the taxpayer, lack of market, or similar circumstances, or by reason of being produced by the taxpayer exclusively for the purposes of transferring the food to an organization described in subparagraph (A), the fair market value of such contribution shall be determined-- ``(I) without regard to such internal standards, such lack of market, such circumstances, or such exclusive purpose, and ``(II) by taking into account the price at which the same or substantially the same food items (as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not so sold at such time, in the recent past).''. (e) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to contributions made after December 31, 2013, in taxable years ending after such date. (2) Limitation; applicability to c corporations.--The amendments made by subsection (b) shall apply to contributions made in taxable years beginning after December 31, 2013. SEC. 4. RULE ALLOWING CERTAIN TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENTS ACCOUNTS FOR CHARITABLE PURPOSES MADE PERMANENT. (a) In General.--Section 408(d)(8) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F). (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2013. SEC. 5. BUDGETARY EFFECTS. (a) Paygo Scorecard.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate Paygo Scorecard.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).", "summary": "Supporting America's Charities Act - Amends the Internal Revenue Code to make permanent: (1) the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes, and (2) tax-free distributions from individual retirement accounts (IRAs) for charitable purposes. Allows a tax deduction for charitable contributions for conservation purposes of property conveyed under the Alaska Native Claims Settlement Act by an Alaska Native Corporation. Modifies the tax deduction for charitiable contributions of food inventory to: (1) increase the amount of deductible food inventory contributions that taxpayers other than C corporations may make in any taxable year from 10% to 15% of their aggregate net income and to limit such amount for a C corporation to 15% of its taxable income; (2) permit a taxpayer who is not required to account for inventories or capitalize indirect costs to elect, solely for purposes of computing the amount of such deduction, to treat the basis of any apparently wholesome food (as defined in the Bill Emerson Good Samaritan Food Donation Act) as equal to 25% of the fair market value of such food and to set forth a formula for determining the fair market value of such food; and (3) make such deduction, as modified, permanent."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Consumers' Assurance in Moving Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) There are approximately 1,500,000 interstate household moves every year and, while the vast majority of these interstate moves are completed successfully, consumer complaints have been increasing since the Interstate Commerce Commission was abolished in 1996 and oversight of the household goods industry was transferred to the Department of Transportation. (2) While the overwhelming majority of household goods carriers are honest and operate within the law, there appears to be a growing criminal element that is exploiting a perceived void in Federal and State enforcement efforts and who prey upon consumers. (3) The movement of an individual's household goods is unique from the movement of a commercial shipment. A consumer may utilize a moving company once or twice in his or her lifetime and entrust virtually all of his or her worldly goods to a mover. (4) Current Federal regulations allow for a household goods carrier found to be in violation of Federal law to be subject to civil penalties but provide no remedy for consumers who have been harmed by fraudulent or deceptive trade practices of a household goods mover. (5) Various courts have interpreted the ``Carmack'' amendment, related to a carrier's liability in loss and damage claims, to preclude States from pursuing any actions against interstate household goods carriers, including the application of consumer protection laws against fraudulent movers. (6) Federal resources are inadequate to properly police or deter, on a nationwide basis, those movers who willfully violate Federal regulations governing the household goods industry and knowingly prey on consumers who are in a vulnerable position. It is appropriate that a Federal-State partnership be created to enhance enforcement tools against fraudulent moving companies. (7) The Department of Transportation should provide greater information to consumers and review current consumer protection regulations, including insurance and loss and damage remedies relating to individual household goods moves, in order to recommend modifications to current Federal law and regulations relating to rights and liabilities of both consumers and household goods carriers. SEC. 3. FEDERAL-STATE RELATIONS RELATING TO TRANSPORTATION OF HOUSEHOLD GOODS. (a) Nonpreemption of Intrastate Transportation of Household Goods.--Section 14501(c)(2)(B) of title 49, United States Code, is amended by inserting ``intrastate'' before ``transportation''. (b) Enforcement of Consumer Protection With Respect to Interstate Household Goods Carriers.--Chapter 145 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 14506. Enforcement of consumer protection with respect to interstate household goods carriers ``(a) In General.--Notwithstanding any other provision of this title, an individual or a State or political subdivision of a State may enforce a consumer protection law, regulation, or other provision (having the force of law) of such State or political subdivision with respect to the interstate transportation of household goods as defined in section 13102(a)(10)(A). ``(b) Prior Notification.--Before taking any action to enforce a consumer protection law, regulation, or other provision of a State relating to interstate transportation of household goods as defined in section 13102(a)(10)(A) with respect to a motor carrier providing such transportation, the State or a political subdivision of a State shall notify, in writing, the Secretary of Transportation of its intention to enforce such law, regulation, or other provision with respect to such carrier; except that, if it is not feasible for the State or political subdivision to provide the prior notification, the State or political subdivision shall provide the notification, in writing, immediately upon instituting such action. ``(c) Limitation on Statutory Construction.--Nothing in this section shall be construed as authorizing a State or political subdivision of a State to bring an enforcement action under a consumer protection law, regulation, or other provision of the State relating to interstate transportation of household goods as defined in section 13102(a)(10)(A) with respect to an activity that is inconsistent with Federal laws and regulations relating to interstate transportation of household goods.''. (c) Conforming Amendment.--The analysis for chapter 145 of such title is amended by adding at the end the following: ``14506. Enforcement of consumer protection with respect to interstate household goods carriers.''. SEC. 4. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO ENHANCE FEDERAL-STATE RELATIONS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials for the purpose of developing practices and procedures to enhance the Federal- State partnership in enforcement efforts, exchange of information, and coordination of enforcement efforts with respect to interstate transportation of household goods and making legislative and regulatory recommendations to the Secretary concerning such enforcement efforts. (b) Consultation.--In carrying out subsection (a), the working group shall consult with industries involved in the transportation of household goods. SEC. 5. CIVIL AND CRIMINAL PENALTY FOR HOLDING HOUSEHOLD GOODS HOSTAGE. (a) In General.--Chapter 149 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 14915. Holding household goods hostage ``(a) Holding Household Goods Hostage Defined.--For purposes of this section, the term `holding household goods hostage' means the knowing and willful failure to deliver to, or unload at, the destination of a shipment of household goods which is subject to jurisdiction under subchapter I or III of chapter 135, for which charges have been estimated by the motor carrier providing transportation of such goods, and for which the maximum amount required to be paid at the time of delivery under regulations issued by the Secretary is 110 percent of such estimated charges. ``(b) Civil Penalty.--Whoever is found holding a household goods shipment hostage is liable to the United States for a civil penalty of not less than $10,000. If such person is a carrier or broker, the Secretary of Transportation may suspend for a period of not less than 6 months the registration of such carrier or broker under chapter 139. ``(c) Criminal Penalty.--Whoever has been convicted of holding household goods hostage shall be fined under title 18 or imprisoned not more than 2 years, or both.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``14915. Holding household goods hostage.''. SEC. 6. CONSUMER HANDBOOK ON DOT WEB SITE. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall take such action as may be necessary to ensure that publication OCE 100 of the Department of Transportation, entitled ``Your Rights and Responsibilities When You Move'', is prominently displayed, and available in language that is readily understandable by the general public, on the Web site of the Department of Transportation. SEC. 7. DISPLAY OF INFORMATION ON HOUSEHOLD GOODS TRANSPORTATION RELATED WEB SITES. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall modify the regulations contained in part 375 of title 49, Code of Federal Regulations, to require a motor carrier or broker that is subject to such regulations and that establishes and maintains a Web site to prominently display on the Web site-- (1) the Department of Transportation number of the motor carrier or broker; (2) the OCE 100 publication referred to in section 6; and (3) in the case of a broker, a list of all motor carriers providing transportation of household goods used by the broker and a statement that the broker is not a motor carrier providing transportation of household goods. SEC. 8. CONSUMER COMPLAINT DATA BASE. (a) Establishment of System.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall-- (1) establish a system for filing and logging consumer complaints relating to motor carriers providing transportation of household goods and for compiling complaint information gathered by the States with regard to such carriers, a database of the complaints, and a procedure for the public to have access to the database and for carriers to challenge information in the database; and (2) issue regulations requiring motor carriers of household goods to submit on a semi-annual basis reports summarizing-- (A) the number and general category of complaints lodged by consumers; (B) the number of claims filed for loss and damage, including the aggregate amount of claims; and (C) the number of claims resolved during the reporting period and the aggregate amount of claims paid by the carrier. (b) Use of Information.--In determining which motor carriers providing transportation of household goods should be subject to a commercial investigation, the Secretary of Transportation shall consider information in the data base established under subsection (a). SEC. 9. INSURANCE REGULATIONS. (a) Review.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall undertake a review of the current Federal regulations regarding insurance coverage provided by motor carriers providing transportation of household goods and revise such regulations in order to provide enhanced protection for shippers in the case of loss or damage as determined necessary. (b) Determinations.--The review shall include, but not be limited to, a determination of-- (1) whether the current regulations provide adequate protection for shippers; (2) whether an individual shipper should purchase insurance as opposed to the carrier; and (3) whether there are abuses of the current regulations that leave the shipper unprotected in loss and damage claims. SEC. 10. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS. Section 14901(d) of title 49, United States Code, is amended-- (1) by striking ``If a carrier'' and inserting the following: ``(1) In general.--If a carrier''; and (2) by adding at the end the following: ``(2) Estimate of broker without carrier agreement.--If a broker for transportation of household goods subject to jurisdiction under subchapter I of chapter 135 makes an estimate of the cost of transporting any such goods before entering into an agreement with a carrier to provide transportation of household goods subject to such jurisdiction, the broker is liable to the United States for a civil penalty of not less than $10,000 for each violation. ``(3) Unauthorized transportation.--If a person provides transportation of household goods subject to jurisdiction under subchapter I of chapter 135 or provides broker services for such transportation without being registered under chapter 139 to provide such transportation or services as a motor carrier or broker, as the case may be, such person is liable to the United States for a civil penalty of not less than $25,000 for each violation.''. SEC. 11. PROGRESS REPORT. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on the progress being made in implementing this Act.", "summary": "Securing Consumers' Assurance in Moving Act of 2003 - Amends Federal transportation law to provide that Federal regulations covering the transportation of household goods by motor private carriers shall not preempt State regulation of intrastate transportation of household goods by such carriers.Authorizes an individual or a State or local government to enforce a consumer protection law, regulation, or other provision with respect to the interstate transportation of household goods by a motor private carrier.Establishes a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials to develop practices and procedures to enhance the Federal-State partnership in enforcement efforts with respect to interstate transportation of household goods by motor private carriers.Sets forth both civil and criminal penalties for persons found holding a household goods shipment hostage (failure to deliver to, or unload at, the destination of a shipment of household goods).Requires: (1) publication OCE 100 of the Department of Transportation (DOT), entitled \"Your Rights and Responsibilities When You Move\" be prominently displayed on the DOT Web site; and (2) motor carriers or brokers that maintain a web site to display certain household goods information.Establishes a system for filing and logging consumer complaints relating to motor carriers providing transportation of household goods.Requires the Secretary to review current Federal regulations regarding insurance coverage provided by a motor carrier providing transportation of household goods and to revise such regulations in order to enhance protection for shippers in the case of loss or damage.Provides civil penalties for a broker for transportation of household goods (or a person that provides transportation of household goods) that: (1) makes an estimate of transportation costs of such goods before entering into a carrier agreement; or (2) provides services for such transportation without being registered."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Educational Opportunity Act of 1999''. SEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF ACTIVE-DUTY SERVICE. (a) In General.--Chapter 30 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``Sec. 3041. Enhanced educational assistance entitlement ``(a) Entitlement.--An eligible individual is entitled to enhanced educational assistance under this subchapter. ``(b) Eligible Individual Defined.--For purposes of this subchapter, the term `eligible individual' means an individual who meets the service requirement described in subsection (c), who meets the education completion requirements described in subsection (d), and whose status after completion of such service is described in section 3011(a)(3) of this title. Such term does not include an individual described in paragraph (1) or (2) of section 3011(c) of this title. ``(c) Service Requirement.--(1) The service requirement referred to in subsection (b) is as follows: ``(A) After September 30, 1999, the individual-- ``(i) first enters on active duty; ``(ii) reenlists or extends an enlistment on active duty as a member of the Armed Forces; or ``(iii) in the case of an officer, continues to serve on active duty after that date. ``(B) From the date of such entry, reenlistment, extension, or continuation, as the case may be, the individual-- ``(i) serves a continuous period of active duty of at least four years in the Armed Forces; or ``(ii) serves on active duty in the Armed Forces and is discharged or released from active duty-- ``(I) as provided in subclause (I) of section 3011(a)(1)(A)(ii) of this title; ``(II) for the convenience of the Government, after having completed not less that 42 months of continuous active duty; or ``(III) as provided in subclause (III) of section 3011(a)(1)(A)(ii) of this title. ``(2) In determining service under paragraph (1), the following rules apply: ``(A) Any period of service described in paragraph (2) or (3) of section 3011(d) of this title that applies to an eligible individual under this section shall not be considered a part of the individual's period of active duty. ``(B) A member described in paragraph (2) of section 3011(f) of this title who serves the periods of active duty referred to in such paragraph shall be deemed to have served a continuous period of active duty the length of which is the aggregate length of the periods of active duty referred to in such paragraph. ``(C) Subsections (g) and (h) of section 3011 of this title apply with respect to an eligible individual under this section in the same manner as they apply to an individual under section 3011 of this title. ``(d) Education Completion Requirements.--The education completion requirement referred to in subsection (b) is that the individual shall have completed the requirements of a secondary school diploma (or equivalency certificate) by not later than the original ending date of the individual's period of active duty described in subsection (c)(1) regardless of whether the individual is discharged or released from active duty on such date. An individual may meet the requirement of this subsection by having been granted credit for the equivalent of 12 semester hours in a program of education leading to a standard college degree before the end of the individual's period of active duty described in subsection (c)(1). ``(e) Election of Basic Educational Assistance.--(1) An eligible individual entitled to enhanced educational assistance under this subchapter may elect (in a form and manner prescribed by the Secretary) to receive basic educational assistance under subchapter II in lieu of such enhanced educational assistance for an enrollment period. Such an election shall be made by not later than 30 days before the beginning of the enrollment period. ``(2) An eligible individual may revoke an election made pursuant to paragraph (1), but in no case may such revocation be made later than 30 days before the beginning of the enrollment period. ``Sec. 3042. Duration of enhanced educational assistance ``(a) In General.--Subject to section 3695 of this title and except provided in subsection (b), each individual entitled to enhanced educational assistance under section 3041 of this title is entitled to a monthly enhanced educational assistance allowance under this subchapter for a period or periods not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance). ``(b) Special Rule for Certain Early Separations.--Subject to section 3695 of this title, in the case of an individual described in subclause (I) or (III) of section 3041(c)(1)(B)(ii) who does not serve a continuous period of active duty of at least four years in the Armed Forces (as described in section 3041(c)(1)(B)(i) of this title), the individual is entitled to one month of enhanced educational assistance benefits under this subchapter (not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance)) for each month of continuous active duty served by the individual beginning with the date on which the entry on active duty, reenlistment, enlistment extension, or continuation applicable to that individual under section 3041(c)(1)(A) of this title begins. ``Sec. 3043. Payment of educational expenses ``(a) In General.--(1) Subject to paragraph (2), the Secretary shall pay to the educational institution providing a course under an approved program of education to an eligible individual under this subchapter who is enrolled in the course an amount equal to 90 percent of the actual cost of tuition and fees otherwise payable by the individual. ``(2) Such cost may not exceed the amount charged to similarly circumstanced nonveterans. ``(b) Stipend; Costs of Books and Supplies.--The Secretary shall pay to each eligible individual under this subchapter who is pursuing an approved program of education-- ``(1) a stipend as provided in section 3044 of this title; and ``(2) in accordance with regulations prescribed by the Secretary, a sum equal to the reasonable cost of books and supplies determined to be required by similarly circumstanced nonveterans. ``(c) Inclusion in Income for Eligibility Determinations for Federal Educational Loans.--For purposes of determining untaxed income and benefits for eligibility for student assistance under the provisions of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), amounts payable with respect to an eligible individual under subsections (a) and (b)(2) shall not be considered veterans education benefits for purposes of section 480(vv) of such Act (20 U.S.C. 1087(vv)). ``Sec. 3044. Amount of stipend ``(a) In General.--Except as provided in section 3042 of this title, the stipend under this subchapter shall be paid at a monthly rate (as that rate may be increased pursuant to subsection (b)) as follows: ``(1) At the monthly rate of $600 for an approved program of education pursued on a full-time basis. ``(2) At the monthly rate of $450 for an approved program of education pursued on a three-quarter-time basis. ``(3) At the monthly rate of $300 for an approved program of education pursued on a half-time basis. ``(4) At the monthly rate of $150 for an approved program of education pursued on less than a half-time basis. ``(b) Adjustment for Inflation.--With respect to any fiscal year beginning after fiscal year 2000, the Secretary shall increase the rate paid under subsection (a)(1) for the previous fiscal year by the percentage applicable under section 3015(g) of this title. ``Sec. 3045. Tutorial assistance ``An individual entitled to an enhanced educational assistance allowance under this subchapter shall be entitled to benefits provided an individual under section 3019 of this title, subject to the conditions provided in such section.''. (b) Conforming Amendments.--(1) Section 3002 of such title is amended by inserting at the end the following new paragraph: ``(9) The term `enhanced educational assistance' means educational assistance provided under subchapter V.''. (2) Section 3011 of such title is amended in subsections (f)(1) and (g) by striking ``chapter'' each place it appears and inserting ``subchapter''. (3) Section 3018 of such title is amended by striking ``educational assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (4) Section 3018A(a) of such title is amended by striking ``education assistance under this chapter'' and inserting ``educational assistance under this subchapter''. (5) Section 3018B of such title is amended by striking ``education assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (6) Section 3018C of such title is amended-- (A) in subsection (a), by striking ``educational assistance under this chapter'' and inserting ``educational assistance under this subchapter''; and (B) in subsection (b), by striking ``education assistance under this chapter'' and inserting ``educational assistance under this subchapter''. (7) Section 3019 of such title is amended by striking out ``chapter'' each place it appears and inserting in lieu thereof ``subchapter''. (8) Section 3031 of such title is amended-- (A) in subsection (f), by inserting ``or 3042 of this title'' after ``section 3013'' each place it appears; and (B) in subsection (g), by inserting ``or 3031(c)(1)(B)(ii)(III)'' after ``section 3011(a)(1)(A)(ii)(III)''. (9) Section 3032(e)(3) of such title is amended by inserting ``, or section 3044(a)(1)'' after ``section 3015''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of title 38, United States Code, is amended by adding at the end the following new items: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``3041. Enhanced educational assistance entitlement. ``3042. Duration of enhanced educational assistance. ``3043. Payment of educational expenses. ``3044. Amount of stipend. ``3045. Tutorial assistance.''. SEC. 3. REPEALS OF PAY REDUCTION AND ELECTION OF BENEFITS. (a) Repeals.-- (1) Active duty program.--(A) Section 3011 of title 38, United States Code, is amended-- (i) by striking subsection (b); and (ii) in subsection (c), by striking out paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (B) Section 3012 of such title is amended-- (i) by striking subsection (c); and (ii) in subsection (d), by striking out paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Opportunities to withdraw election not to enroll.--(A) Section 3016(a)(1) of such title is amended by striking ``, and does not make an election under section 3011(c)(1) or section 3012(d)(1)''. (B) Sections 3018A, 3018B, and 3018C of such title are each amended by adding at the end the following new subsection: ``(e) Notwithstanding subsection (b), no reduction in the pay of an individual under this section shall be made for months beginning after September 30, 1999. Any obligation of such individual under subsection (b), as of September 30, 1999, shall be deemed to be fully satisfied as of such date.''. (3) Termination of reductions in progress.--Any reduction in the basic pay of an individual referred to in subsection (b) of section 3011 of title 38, United States Code, by reason of such subsection, or of any individual referred to in subsection (c) of section 3012 of such title by reason of such subsection, shall cease commencing with months beginning after September 30, 1999, and any obligation of such individual under such subsections, as the case may be, as of September 30, 1999, shall be deemed to be fully satisfied as of such date. (b) Education Outreach Services to Members of the Armed Forces.-- Section 3034(e)(1) of title 38, United States Code, is amended to read as follows: ``(e)(1) Not later than one year after an individual initially enters on active duty as a member of the Armed Forces, and at such additional times as the Secretary determines appropriate, the Secretary shall furnish the individual the information described in paragraph (2).''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 1999, and apply to individuals whose initial obligated period of active duty under section 3011 or 3012 of title 38, United States Code, as the case may be, begins on or after such date.", "summary": "Servicemembers Educational Opportunity Act of 1999 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 1999: (1) first enters on active duty; (2) reenlists or continues to serve on active duty; (3) serves a continuous period of active duty of four years; or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government (after serving at least 42 months of such duty), or due to a reduction in force. Requires each such member to also have completed the requirements of a secondary school diploma or its equivalent by no later than the original ending date before such extension of duty. Limits to 36 months the period for such enhanced assistance, with a special rule for certain early separations. Requires the payment of educational expenses under such program, including 90 percent of the costs of tuition and fees, and reasonable costs of books, and other supplies. Requires such amounts to be considered income for purposes of eligibility for Federal educational loans or grants under the Higher Education Act of 1965. Provides: (1) a monthly stipend for approved programs of education, with different rates for programs pursued on a full-time, three quarter-time, or half-time basis; and (2) tutorial assistance. (Sec. 3) Repeals, with respect to such assistance: (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program; and (2) a provision authorizing individuals to elect not to receive such assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Panel to Design Long- Range Social Security Reform Act of 1998''. SEC. 2. ESTABLISHMENT OF PANEL. There is established a panel to be known as the Bipartisan Panel to Design Long-Range Social Security Reform (in this Act referred to as the ``Panel''). SEC. 3. DUTIES OF PANEL. The Panel shall design a single set of legislative and administrative recommendations for long-range reforms for restoring the solvency of the social security system and maintaining retirement income security in the United States. SEC. 4. MEMBERSHIP OF THE PANEL. (a) Number and Appointment.--The Panel shall be composed of eight members, of whom-- (1) two shall be appointed by the President, (2) four shall be appointed jointly by the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate, (3) one shall be appointed jointly by the Chairman of the Committee on Ways and Means of the House of Representatives and the Chairman of the Committee on Finance of the Senate, and (4) one shall be appointed jointly by the Ranking Minority Member of the Committee on Ways and Means of the House of Representatives and the Ranking Minority Member of the Committee on Finance of the Senate. The members of the Panel shall consist of individuals who are of recognized standing and distinction, who can represent the multiple generations who have a stake in the viability of the system, and who possess the demonstrated capacity to discharge the duties imposed on the Panel. At least one of the members shall be appointed from individuals representing the interests of employees, and at least one of the members shall be appointed from individuals representing the interests of employers. (b) Co-Chairs.--The officials referred to in paragraphs (1) through (4) of subsection (a) shall designate two of the members of the Panel to serve as Co-Chairs of the Panel, who shall jointly chair the Panel, determine its duties, and supervise its staff. (c) Terms of Appointment.--The members of the Panel shall serve for the life of the Panel. (d) Vacancies.--A vacancy in the Panel shall not affect the power of the remaining members to execute the duties of the Panel, but any such vacancy shall be filled in the same manner in which the original appointment was made. SEC. 5. PROCEDURES. (a) Meetings.--The Panel shall meet at the call of its Co-Chairs or a majority of its members. (b) Quorum.--A quorum shall consist of 4 members of the Panel, except that a lesser number may conduct a hearing under subsection (c). (c) Hearings and Other Activities.--For the purpose of carrying out its duties, the Panel may hold such hearings and undertake such other activities as the Panel determines to be necessary to carry out its duties. Meetings held in order to conduct fact finding, as determined by the Co-Chairs, shall be open to the public. Meetings held in order to develop policy, as determined by the Co-Chairs, may be held in executive session, notwithstanding the Federal Advisory Committee Act and any other provision of law. (d) Obtaining Information.--Upon request of the Panel, the Commissioner of Social Security and the head of any other agency or instrumentality of the Federal Government shall furnish information deemed necessary by the Panel to enable it to carry out its duties. SEC. 6. ADMINISTRATION. (a) Compensation.--Except as provided in subsection (b), members of the Panel shall receive no additional pay, allowances, or benefits by reason of their service on the Panel. (b) Travel Expenses and Per Diem.--Each member of the Panel who is not a present Member of the Congress and who is not otherwise an officer or employee of the Federal Government shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Staff and Support Services.-- (1) Staff director.-- (A) Appointment.--The Panel shall appoint a staff director of the Panel. (B) Compensation.--The staff director shall be paid at a rate not to exceed the rate established for level V of the Executive Schedule. (2) Staff.--The Panel shall appoint such additional personnel as the Panel determines to be necessary. (3) Applicability of civil service laws.--The staff director and other members of the staff of the Panel shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (4) Experts and consultants.--With the approval of the Panel, the staff director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Contract Authority.--The Panel may contract with and compensate government and private agencies or persons for items and services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (e) Physical Facilities.--The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable office space for the operation of the Panel on a reimbursable basis. The facilities shall serve as the headquarters of the Panel and shall include all necessary equipment and incidentals required for the proper functioning of the Panel. (f) Detail of Federal Employees.--Upon the request of the Panel, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Panel to assist the Panel in carrying out its duties. (g) Use of Mails.--The Panel may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (h) Administrative Support Services.--Upon the request of the Panel, the Architect of the Capitol shall provide to the Panel on a reimbursable basis such administrative support services as the Panel may request. (i) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Panel shall be deemed to be a committee of the Congress. SEC. 7. REPORT. Not later than February 1, 1999, the Panel shall submit to the President, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report which shall contain a detailed statement of the findings and conclusions of the Panel, including the set of recommendations required under section 3. The report shall include only those recommendations of the Panel that receive the approval of at least 6 members of the Panel, including both Co-Chairs. SEC. 8. TERMINATION. The Panel shall terminate March 31, 1999. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Panel, from the Federal Old-Age and Survivors Insurance Trust Fund, such sums as are necessary to carry out the provisions of this Act, but not to exceed $2,000,000.", "summary": "Bipartisan Panel to Design Long-Range Social Security Reform Act of 1998 - Establishes the Bipartisan Panel to Design Long-Range Social Security Reform to design a single set of legislative and administrative recommendations for long-range reforms for restoring the solvency of the social security system and maintaining retirement income security in the United States. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Immigration Litigation Act''. SEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL. (a) In General.--Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraphs (A), (B), and (C), by inserting ``(statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code'' after ``Notwithstanding any other provision of law''; and (ii) by adding at the end the following: ``(D) Judicial review of certain legal claims.-- Nothing in this paragraph shall be construed as precluding consideration by the circuit courts of appeals of constitutional claims or pure questions of law raised upon petitions for review filed in accordance with this section. Notwithstanding any other provision of law (statutory and nonstatutory), including section 2241 of title 28, United States Code, or, except as provided in subsection (e), any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code, such petitions for review shall be the sole and exclusive means of raising any and all claims with respect to orders of removal entered or issued under any provision of this Act.''; and (B) by adding at the end the following: ``(4) Claims under the united nations convention.-- Notwithstanding any other provision of law (statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code, a petition for review by the circuit courts of appeals filed in accordance with this section is the sole and exclusive means of judicial review of claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. ``(5) Exclusive means of review.--The judicial review specified in this subsection shall be the sole and exclusive means for review by any court of an order of removal entered or issued under any provision of this Act. For purposes of this title, in every provision that limits or eliminates judicial review or jurisdiction to review, the terms `judicial review' and `jurisdiction to review' include habeas corpus review pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, sections 1361 and 1651 of title 28, United States Code, and review pursuant to any other provision of law.''; (2) in subsection (b)-- (A) in paragraph (3)(B), by inserting ``pursuant to subsection (f)'' after ``unless''; and (B) in paragraph (9), by adding at the end the following: ``Except as otherwise provided in this subsection, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28, United States Code, or any other habeas corpus provision, by section 1361 or 1651 of title 28, United States Code, or by any other provision of law (statutory or nonstatutory), to hear any cause or claim subject to these consolidation provisions.''; (3) in subsection (f)(2), by inserting ``or stay, by temporary or permanent order, including stays pending judicial review,'' after ``no court shall enjoin''; and (4) in subsection (g), by inserting ``(statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code'' after ``notwithstanding any other provision of law''. (b) Effective Date.--The amendments made by subsection (a) shall take effect upon the date of enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of enactment of this Act. SEC. 3. CONSOLIDATION OF APPEALS. (a) In General.--Section 242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(2)), is amended by striking the first sentence and inserting the following: ``The petition for review shall be filed with the court of appeals for the Federal Circuit.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to any final agency order that was entered on or after the date of enactment of this Act. SEC. 4. ADDITIONAL REMOVAL AUTHORITIES. (a) In General.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended-- (1) in paragraph (1)-- (A) in each of subparagraphs (A) and (B), by striking the period at the end and inserting ``unless, in the opinion of the Secretary of Homeland Security, removing the alien to such country would be prejudicial to the United States.''; and (B) by amending subparagraph (C) to read as follows: ``(C) Alternative countries.--If the alien is not removed to a country designated in subparagraph (A) or (B), the Secretary of Homeland Security shall remove the alien to-- ``(i) the country of which the alien is a citizen, subject, or national, where the alien was born, or where the alien has a residence, unless the country physically prevents the alien from entering the country upon the alien's removal there; or ``(ii) any country whose government will accept the alien into that country.''; and (2) in paragraph (2)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) by amending subparagraph (D) to read as follows: ``(D) Alternative countries.--If the alien is not removed to a country designated under subparagraph (A)(i), the Secretary of Homeland Security shall remove the alien to a country of which the alien is a subject, national, or citizen, where the alien was born, or where the alien has a residence, unless-- ``(i) such country physically prevents the alien from entering the country upon the alien's removal there; or ``(ii) in the opinion of the Secretary of Homeland Security, removing the alien to the country would be prejudicial to the United States.''; and (C) by amending subparagraph (E)(vii) to read as follows: ``(vii) Any country whose government will accept the alien into that country.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any deportation, exclusion, or removal on or after such date pursuant to any deportation, exclusion, or removal order, regardless of whether such order is administratively final before, on, or after such date. SEC. 5. BURDEN OF PROOF. (a) Conditions for Granting Asylum.--Section 208(b) of the Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended-- (1) in paragraph (1), by striking ``The Attorney General'' and inserting the following: ``(A) Eligibility.--The Secretary of Homeland Security or the Attorney General''; and (2) by adding at the end the following: ``(B) Burden of proof.--The burden of proof is on the applicant to establish that the applicant is a refugee within the meaning of section 101(a)(42)(A). To establish that the applicant is a refugee within the meaning of this Act, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be the central motive for persecuting the applicant. The testimony of the applicant, only if it is credible, is persuasive, and refers to specific facts that demonstrate that the applicant is a refugee, may be sufficient to sustain such burden without corroboration. Where the trier of fact finds that it is reasonable to expect corroborating evidence for certain alleged facts pertaining to the specifics of the applicant's claim, such evidence must be provided unless a reasonable explanation is given as to why such information is not provided. The credibility determination of the trier of fact may be based, in addition to other factors, on the demeanor, candor, or responsiveness of the applicant or witness, the consistency between the applicant's or witness's written and oral statements, whether or not under oath, made at any time to any officer, agent, or employee of the United States, the internal consistency of each such statement, the consistency of such statements with the country conditions in the country from which the applicant claims asylum, as presented by the Department of State, and any inaccuracies or falsehoods in such statements. These factors may be considered individually or cumulatively.''. (b) Standard of Review for Orders of Removal.--Section 242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by adding after subparagraph (D) the following flush language: ``No court shall reverse a determination made by an adjudicator with respect to the availability of corroborating evidence as described in section 208(b)(1)(B), unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.''. (c) Effective Date.--The amendment made by subsection (b) shall take effect upon the date of enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of enactment of this Act. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect upon the date of enactment of this Act.", "summary": "Fairness in Immigration Litigation Act - Amends the Immigration and Nationality Act (INA) to preclude aliens, including criminal aliens, from seeking judicial review of removal orders or the denial of specified discretionary relief through habeas corpus, mandamus, or other extraordinary petitions. Declares that this Act does not preclude circuit court review on appeal of constitutional claims or pure questions of law. Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. Limits judicial authority to grant stays of removal. Requires all petitions for review of removal orders to be filed in the U.S. Court of Appeals for the Federal Circuit. Expands the list of alternative countries to which an alien may be removed in the event that the country otherwise designated is unwilling to accept the alien. Requires asylum applicants to: (1) show that one of five statutory bases was the central motive for persecution in order to establish refugee status; and (2) submit corroborating evidence where it is reasonable for the trier of fact to expect such evidence. Lists factors relevant to credibility determinations in asylum cases. Precludes the reversal of determinations concerning the availability of corroborating evidence unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Metropolitan Medical Response System Program Act of 2009''. SEC. 2. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM. (a) Amendment.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM. ``(a) In General.--The Secretary shall conduct a Metropolitan Medical Response System Program, that shall assist State and local governments in preparing for and responding to public health and mass casualty incidents resulting from natural disasters, acts of terrorism, and other man-made disasters. ``(b) Financial Assistance.-- ``(1) Authorization of grants.-- ``(A) In general.--The Secretary, through the Administrator of the Federal Emergency Management Agency, may make grants under this section to State and local governments to assist in preparing for and responding to mass casualty incidents resulting from natural disasters, acts of terrorism, and other man- made disasters. ``(B) Consultation.--In developing guidance for grants authorized under this section, the Administrator shall consult with the Assistant Secretary, Office of Health Affairs. ``(2) Use of funds.--A grant made under this section may be used to support the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard, including-- ``(A) to strengthen medical surge capacity; ``(B) to strengthen mass prophylaxis capabilities including development and maintenance of an initial pharmaceutical stockpile sufficient to protect first responders, their families, and immediate victims from a chemical or biological event; ``(C) to strengthen chemical, biological, radiological, nuclear, and explosive detection, response, and decontamination capabilities; ``(D) to develop and maintain mass triage and pre- hospital treatment plans and capabilities; ``(E) for planning; ``(F) to support efforts to strengthen information sharing and collaboration capabilities of regional, State, and urban areas in support of public health and medical preparedness; ``(G) for medical supplies management and distribution; ``(H) for training and exercises; ``(I) for integration and coordination of the activities and capabilities of public health personnel and medical care providers with those of other emergency response providers as well as other Federal agencies, the private sector, and nonprofit organizations, for the forward movement of patients; and ``(J) for such other activities as the Administrator provides. ``(3) Eligibility.-- ``(A) In general.--Except as provided in subparagraph (C), any jurisdiction that received funds through the Metropolitan Medical Response System Program in fiscal year 2009 shall be eligible to receive a grant under this section. ``(B) Additional jurisdictions.-- ``(i) Unrepresented states.-- ``(I) In general.--Except as provided in subparagraph (C), for any State in which no jurisdiction received funds through the Metropolitan Medical Response System Program in fiscal year 2009, or in which funding was received only through another State, the metropolitan statistical area in such State with the largest population of all such areas in such State shall be eligible to receive a grant under this section. ``(II) Limitation.--For each of fiscal years 2010 through 2012, no jurisdiction that would otherwise be eligible to receive grants under subclause (I) shall receive a grant under this section if it would result in any jurisdiction under subparagraph (A) receiving less funding than such jurisdiction received in fiscal year 2009. ``(ii) Other jurisdictions.-- ``(I) In general.--Subject to subparagraph (C), the Administrator may determine that additional jurisdictions are eligible to receive grants under this section. ``(II) Limitation.--For each of fiscal years 2010 through 2012, the eligibility of any additional jurisdiction to receive grants under this section is subject to the availability of appropriations beyond that necessary to-- ``(aa) ensure that each jurisdiction eligible to receive a grant under subparagraph (A) does not receive less funding than such jurisdiction received in fiscal year 2009; and ``(bb) provide grants to jurisdictions eligible under clause (i). ``(C) Performance requirement after fiscal year 2010.--A jurisdiction shall not be eligible for a grant under this subsection from funds available after fiscal year 2010 unless the Secretary determines that the jurisdiction maintains a sufficient measured degree of capability in accordance with the performance measures issued under subsection (c). ``(4) Distribution of funds.-- ``(A) In general.--The Administrator shall distribute grant funds under this section to the State in which the jurisdiction receiving a grant under this section is located. ``(B) Pass through.--Subject to subparagraph (C), not later than 45 days after the date on which a State receives grant funds under subparagraph (A), the State shall provide the jurisdiction receiving the grant 100 percent of the grant funds, and not later than 45 days after the State releases the funds, all fiscal agents shall make the grant funds available for expenditure. ``(C) Exception.--The Administrator may permit a State to provide to a jurisdiction receiving a grant under this section 97 percent of the grant funds awarded if doing so would not result in any jurisdiction eligible for a grant under paragraph (3)(A) receiving less funding than such jurisdiction received in fiscal year 2009. ``(5) Regional coordination.--The Administrator shall ensure that each jurisdiction that receives a grant under this section, as a condition of receiving such grant, is actively coordinating its preparedness efforts with surrounding jurisdictions, with the official with primary responsibility for homeland security (other than the Governor) of the government of the State in which the jurisdiction is located, and with emergency response providers from all relevant disciplines, as determined by the Administrator, to effectively enhance regional preparedness. ``(c) Performance Measures.--The Administrator, in coordination with the Assistant Secretary, Office of Health Affairs, and the National Metropolitan Medical Response System Working Group, shall issue performance measures within one year after the date of enactment of this section that enable objective evaluation of the performance and effective use of funds provided under this section in any jurisdiction. ``(d) Metropolitan Medical Response System Working Group Defined.-- In this section, the term `National Metropolitan Medical Response System Working Group' means-- ``(1) 10 Metropolitan Medical Response System Program grant managers, who shall-- ``(A) include one such grant manager from each region of the Agency; ``(B) comprise a population-based cross section of jurisdictions that are receiving grant funds under the Metropolitan Medical Response System Program; and ``(C) include-- ``(i) 3 selected by the Administrator; and ``(ii) 3 selected by the Assistant Secretary, Office of Health Affairs; and ``(2) 3 State officials who are responsible for administration of State programs that are carried out with grants under this section, who shall be selected by the Administrator. ``(e) Authorization of Appropriations.--There is authorized to be appropriated $75,000,000 to carry out the program for each of fiscal years 2010 through 2014.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title V the following new item: ``Sec. 525. Metropolitan Medical Response System Program.''. SEC. 3. METROPOLITAN MEDICAL RESPONSE PROGRAM REVIEW. (a) In General.--The Administrator of the Federal Emergency Management Agency, the Assistant Secretary, Office of Health Affairs, and the National Metropolitan Medical Response System Working Group shall conduct a review of the Metropolitan Medical Response System Program authorized under section 525 of the Homeland Security Act of 2002, as added by section 2 of this Act, including an examination of-- (1) the goals and objectives of the Metropolitan Medical Response System Program; (2) the extent to which the goals and objectives are being met; (3) the performance metrics that can best help assess whether the Metropolitan Medical Response System Program is succeeding; (4) how the Metropolitan Medical Response System Program can be improved; (5) how the Metropolitan Medical Response System Program complements and enhances other preparedness programs supported by the Department of Homeland Security and the Department of Health and Human Services; (6) the degree to which the strategic goals, objectives, and capabilities of the Metropolitan Medical Response System Program are incorporated in State and local homeland security plans; (7) how eligibility for financial assistance, and the allocation of financial assistance, under the Metropolitan Medical Response System Program should be determined, including how allocation of assistance could be based on risk; (8) whether the Metropolitan Medical Response System Program would be more effective if it were managed as a contractual agreement; and (9) the resource requirements of the Metropolitan Medical Response System Program. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator and the Assistant Secretary, Office of Health Affairs shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the review under this subsection. (c) Consultation.--The Administrator of the Federal Emergency Management Agency shall consult with the Secretary of Health and Human Services in the implementation of subsection (a)(5). (d) Definition.--In this section the term ``National Metropolitan Medical Response System Working Group'' has the meaning that term has in section 525 of the Homeland Security Act of 2002, as amended by this section. SEC. 4. TECHNICAL AND CONFORMING AMENDMENT. Section 635 of the Post-Katrina Management Reform Act of 2006 (6 U.S.C. 723) is repealed.", "summary": "Metropolitan Medical Response System Program Act of 2009 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS) to conduct a Metropolitan Medical Response System Program that shall assist state and local governments in preparing for and responding to public health and mass casualty incidents resulting from natural disasters, terrorist acts, and other man-made disasters. (Repeals provisions of the Post-Katrina Management Reform Act of 2006 regarding a Metropolitan Medical Response Program.) Authorizes the Secretary, through the Administrator of the Federal Emergency Management Agency (FEMA), to make grants to state and local governments for such purposes. Authorizes the use of grant funds to support the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard. Sets forth eligibility requirements. Directs the Administrator to ensure that each jurisdiction that receives a grant, as a condition of receiving such grant, is actively coordinating its preparedness efforts with surrounding jurisdictions, with the official with primary responsibility for homeland security (other than the governor) of the government of the state in which the jurisdiction is located, and with emergency response providers from all relevant disciplines, to effectively enhance regional preparedness. Requires the Administrator: (1) in coordination with the Assistant Secretary, Office of Health Affairs, and a National Metropolitan Medical Response System Working Group, to issue performance measures that enable objective evaluation of the performance and effective use of funds provided in any jurisdiction; and (2) together with the Assistant Secretary and the Working Group, to conduct a review of the Program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Chacoan Outliers Protection Act of 1993''. SEC. 2. CONFORMING AMENDMENT. (a) Section 501 of Public Law 96-550 (16 U.S.C. 410ii) is amended in the title by striking ``Congressional findings'' and inserting in lieu thereof ``Congressional findings and purpose''. (b) Section 501(b) of Public Law 96-550 (16 U.S.C. 410ii(b)) is amended by striking ``San Juan Basin;'' and inserting in lieu thereof, ``San Juan Basin and surrounding areas;''. SEC. 3. ADDITIONS TO CHACO ARCHEOLOGICAL PROTECTION SITES. Subsection 502(b) of Public Law 96-550 (16 U.S.C. 410ii-1(b)) is amended to read as follows: ``(b)(1) Thirty-nine outlying sites as generally depicted on a map entitled ``Chaco Culture Archeological Protection Sites'', numbered 310/80,033-B and dated September 1991, are hereby designated as `Chaco Culture Archeological Protection Sites'. The thirty-nine archeological protection sites totaling approximately 14,372 acres identified as follows: Name: Acres Allentown.............................................. 380 Andrews Ranch.......................................... 950 Bee Burrow............................................. 480 Bisa'ani............................................... 131 Casa del Rio........................................... 40 Casamero............................................... 160 Chimney Rock........................................... 3,160 Coolidge............................................... 450 Dalton Pass............................................ 135 Dittert................................................ 480 Great Bend............................................. 26 Greenlee Ruin.......................................... 60 Grey Hill Spring....................................... 23 Guadalupe.............................................. 115 Halfway House.......................................... 40 Haystack............................................... 565 Hogback................................................ 453 Indian Creek........................................... 100 Jacques................................................ 66 Kin Nizhoni............................................ 726 Lake Valley............................................ 30 Manuelito-Atsee Nitsaa................................. 60 Manuelito-Kin Hochoi................................... 116 Muddy Water............................................ 1,090 Navajo Springs......................................... 260 Newcomb................................................ 50 Peach Springs.......................................... 1,046 Pierre's Site.......................................... 440 Raton Well............................................. 23 Salmon Ruin............................................ 5 San Mateo.............................................. 61 Sanostee............................................... 1,565 Section 8.............................................. 10 Skunk Springs/Crumbled House........................... 533 Standing Rock.......................................... 348 Toh-la-kai............................................. 10 Twin Angeles........................................... 40 Upper Kin Klizhin...................................... 60. ``(2) The map referred to in paragraph (1) shall be kept on file and available for public inspection in the appropriate offices of the National Park Service, the office of the State Director of the Bureau of Land Management located in Santa Fe, New Mexico, the office of the Area Director of the Bureau of Indian Affairs located in Window Rock, Arizona, and the offices of the Arizona and New Mexico State Historic Preservation Officers.''. SEC. 4. ASSISTANCE TO THE NAVAJO NATION. Section 506 of Public Law 96-550 (16 U.S.C. 410ii-5) is amended by adding the following new subsection at the end thereof: ``(f) The Secretary is authorized to assist the Navajo Nation in the protection and management of those Chaco Culture Archeological Protection Sites located on lands under the jurisdiction of the Navajo Nation through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act (Public Law 93-638), as amended, to assist the Navajo Nation in site planning, resource protection, interpretation, resource management actions, and such other purposes as may be identified in such grant, contract, or cooperative agreement.''. Passed the Senate July 21 (legislative day, June 30), 1993. Attest: WALTER J. STEWART, Secretary.", "summary": "Chacoan Outliers Protection Act of 1993 - Designates seven new outlying areas as Chaco Culture Archaeological Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado. Expands the boundaries and removes or reduces the acreage of certain existing Sites. Authorizes the Secretary of the Interior to assist the Navajo Nation in the protection and management of such Sites located on lands of the Navajos through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Assurance of Radiologic Excellence Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) More than 300,000,000 medical imaging examinations and radiation therapy treatments are administered annually in the United States. (2) Seven out of every 10 Americans undergo a medical imaging examination or radiation therapy treatment every year in the United States. (3) The administration of medical imaging examinations and radiation therapy treatments and the effect on individuals of such procedures have a substantial and direct effect upon public health and safety and upon interstate commerce. (4) It is in the interest of public health and safety to minimize unnecessary or inappropriate exposure to radiation due to the performance of medical imaging and radiation therapy procedures by personnel lacking appropriate education and credentials. (5) It is in the interest of public health and safety to have a continuing supply of adequately educated persons and appropriate accreditation and certification programs administered by State governments. (6) Persons who perform or plan medical imaging or radiation therapy, including those employed at Federal facilities or reimbursed by Federal health programs, should be required to demonstrate competence by reason of education, training, and experience. (7) The protection of public health and safety from unnecessary or inappropriate medical imaging and radiation therapy procedures and the assurance of efficacious procedures are the responsibilities of both the State and the Federal Governments. (8) Facilities that conduct medical imaging or radiation therapy engage in and affect interstate commerce. Patients travel regularly across State lines to receive medical imaging services or radiation therapy. Facilities that conduct medical imaging or radiation therapy engage technicians, physicians, and other staff in an interstate market, and purchase medical and other supplies in an interstate market. (9) In 1981, Congress enacted the Consumer-Patient Radiation Health and Safety Act of 1981 (Public Law 97-35) which established minimum Federal standards for the accreditation of education programs for persons who perform or plan medical imaging examinations and radiation therapy treatments and for the certification of such persons. The Act also provided the States with a model State law for the licensing of such persons. (10) Twenty-two years after the enactment of the Consumer- Patient Radiation Health and Safety Act of 1981-- (A) 13 States do not require licensure of any kind for persons who perform or plan medical imaging examinations and radiation therapy treatments; (B) 37 States license, regulate, or register radiographers; (C) 28 States license radiation therapists; (D) 22 States license nuclear medicine technologists; (E) 8 States license or require board certification of medical physicists; and (F) no States regulate or license medical dosimetrists. (b) Purposes.--The purposes of this Act are-- (1) to ensure the accreditation of education programs for, and the licensure or certification of, persons who perform, plan, evaluate, or verify patient dose for medical imaging examinations and radiation therapy treatments; and (2) to ensure the safety and accuracy of medical imaging examinations and radiation therapy treatments. SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. Part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding at the end the following: ``Subpart 4--Medical Imaging and Radiation Therapy ``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. ``(a) In General.--The Secretary shall establish standards to assure the safety and accuracy of medical imaging or radiation therapy. Such standards shall include licensure or certification, accreditation, and other requirements determined by the Secretary to be appropriate. ``(b) Exemptions.--The standards established under subsection (a) shall not apply to physicians (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))), nurse practitioners and physician assistants (as defined in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5))). ``(c) Requirements.--Under the standards established under subsection (a), the Secretary shall ensure that individuals prior to performing or planning such imaging or therapy-- ``(1) have successfully completed a national examination approved by the Secretary under subsection (d) for individuals who perform or plan medical imaging or radiation therapy; and ``(2) meet such other requirements relating to medical imaging or radiation therapy as the Secretary may prescribe. ``(d) Approved Bodies.-- ``(1) In general.--The Secretary shall certify private nonprofit organizations or State agencies as approved bodies with respect to the accreditation of educational programs or the administration of examinations to individuals for purposes of subsection (c)(1) if such organizations or agencies meet the standards established by the Secretary under paragraph (2) and provide the assurances required under paragraph (3). ``(2) Standards.--The Secretary shall establish minimum standards for the certification of approved bodies under paragraph (1) (including standards for recordkeeping, the approval of curricula and instructors, the charging of reasonable fees for accreditation or for undertaking examinations), and other additional standards as the Secretary may require. ``(3) Assurances.--To be certified as an approved body under paragraph (1), an organization or agency shall provide the Secretary satisfactory assurances that the body will-- ``(A) comply with the standards described in paragraph (2); ``(B) notify the Secretary in a timely manner before the approved body changes the standards of the body; and ``(C) provide such other information as the Secretary may require. ``(4) Withdrawal of approval.-- ``(A) In general.--The Secretary may withdraw the certification of an approved body if the Secretary determines the body does not meet the standards under paragraph (2). ``(B) Effect of withdrawal.--If the Secretary withdraws the certification of an approved body under subparagraph (A), the accreditation of an individual or the completion of an examination administered by such body shall continue in effect until the expiration of a reasonable period, as determined by the Secretary, for such individual to obtain another accreditation or to complete another examination. ``(e) Existing State Standards.--Standards for the licensure or certification of personnel, accreditation of educational programs, or administration of examinations, established by a State prior to the effective date of the standards promulgated under this section, shall be deemed to be in compliance with the requirements of this section unless the Secretary determines that such State standards do not meet the minimum standards prescribed by the Secretary or are inconsistent with the purposes of this section. ``(f) Evaluation and Report.--The Secretary shall periodically evaluate the performance of each approved body under subsection (d) at an interval determined appropriate by the Secretary. The results of such evaluations shall be included as part of the report submitted to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives in accordance with 354(e)(6)(B). ``(g) Delivery of and Payment for Services.--Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate regulations to ensure that all programs that involve the performance of or payment for medical imaging or radiation therapy, that are under the authority of the Secretary, are performed in accordance with the standards established under this section. ``(h) Alternative Standards for Rural Areas.--The Secretary shall determine whether the standards developed under subsection (a) must be met in their entirety with respect to payment for medical imaging or radiation therapy that is performed in a geographic area that is determined by the Medicare Geographic Classification Review Board to be a `rural area'. If the Secretary determines that alternative standards for such rural areas are appropriate to assure access to quality medical imaging, the Secretary is authorized to develop such alternative standards. Alternative standards developed under this subsection shall apply in rural areas to the same extent and in the same manner as standards developed under subsection (a) apply in other areas. ``(i) Regulations.--Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate such regulations as may be necessary to implement this section. ``(j) Definitions.--In this section: ``(1) Approved body.--The term `approved body' means a nonprofit organization or State agency that has been certified by the Secretary under subsection (d)(1) to accredit or administer examinations to individuals who perform or plan medical imaging or radiation therapy. ``(2) Medical imaging.--The term `medical imaging' means any procedure or article, excluding medical ultrasound procedures, intended for use in the diagnosis or treatment of disease or other medical or chiropractic conditions in humans, including diagnostic X-rays, nuclear medicine, and magnetic resonance procedures. ``(3) Perform.--The term `perform', with respect to medical imaging or radiation therapy, means-- ``(A) the act of directly exposing a patient to radiation via ionizing or radio frequency radiation or to a magnetic field for purposes of medical imaging or for purposes of radiation therapy; and ``(B) the act of positioning a patient to receive such an exposure. ``(4) Plan.--The term `plan' with respect to medical imaging or radiation therapy, means the act of preparing for the performance of such a procedure to a patient by evaluating site-specific information, based on measurement and verification of radiation dose distribution, computer analysis, or direct measurement of dose, in order to customize the procedure for the patient. ``(5) Radiation therapy.--The term `radiation therapy', means any procedure or article intended for use in the cure, mitigation, treatment, or prevention of disease in humans that achieves its intended purpose through the emission of radiation.''.", "summary": "Consumer Assurance of Radiologic Excellence Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish standards to assure the safety and accuracy of medical imaging or radiation therapy. States that such standards shall include licensure or certification, accreditation, and other requirements determined by the Secretary.Exempts the standards from applying to physicians, nurse practitioners, and physician assistants.Requires individuals prior to performing or preparing such imaging or therapy to have successfully completed a national exam approved by the Secretary.Directs the Secretary to certify private nonprofit organizations or State agencies as approved bodies with respect to the accreditation of educational programs or the administration of examinations if such organizations or agencies meet certain standards and give certain assurances. Allows the Secretary to withdraw approval from an approved body.Permits the Secretary to develop alternative standards for rural areas if such action is needed to assure access to quality medical imaging."}
{"article": "SECTION 1. CONVEYANCE OF PROPERTY TO THE TANANA TRIBAL COUNCIL. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Tanana Tribal Council located in Tanana, Alaska (referred to in this section as the ``Council''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Council. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Council for the property; (ii) impose any obligation, term, or condition on the Council; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in U.S. Survey No. 5958, Lot 12, in the village of Tanana, Alaska, within surveyed Township 4N, Range 22W, Fairbanks Meridian, Alaska, containing 11.25 acres. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Council shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Council. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). SEC. 2. CONVEYANCE OF PROPERTY TO THE BRISTOL BAY AREA HEALTH CORPORATION. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary shall convey to the Bristol Bay Area Health Corporation located in Dillingham, Alaska (referred to in this section as the ``Corporation''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Corporation. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Corporation for the property; (ii) impose any obligation, term, or condition on the Corporation; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in Dental Annex Subdivision, creating tract 1, a subdivision of Lot 2 of U.S. Survey No. 2013, located in Section 36, Township 13 South, Range 56 West, Seward Meridian, Bristol Bay Recording District, Dillingham, Alaska, according to Plat No. 2015-8, recorded on May 28, 2015, in the Bristol Bay Recording District, Dillingham, Alaska, containing 1.474 acres more or less. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Corporation shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Corporation. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). Passed the Senate March 22, 2018. Attest: JULIE E. ADAMS, Secretary.", "summary": ". (Sec. 1) This bill directs the Department of Health and Human Services (HHS) to convey to the Tanana Tribal Council in Tanana, Alaska, all interest of the United States in and to certain property (including all land, improvements, and appurtenances) containing 11.25 acres, in the village of Tanana for use in connection with health and social services programs. (Sec. 2) HHS shall convey to the Bristol Bay Area Health Corporation in Dillingham, Alaska, all interest of the United States in and to certain property included in the Dental Annex Subdivision containing 1.474 acres more or less, also for use in connection with health and social services programs. Such conveyances by warranty deed: (1) shall supersede and render of no future effect any quitclaim deed to the property executed by HHS and the Council or Corporation; and (2) shall not require any consideration from the Council or Corporation for the property, impose any obligation, term, or condition on the Council or Corporation, or allow for any U.S. reversionary interest in the property. The Council or Corporation shall not be liable for soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of environmental contamination. HHS shall: (1) be accorded any easement or access to the conveyed property as may be necessary to satisfy any retained obligations and liability; and (2) comply with requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for certain deeds for the transfer of U.S.-owned real property on which any hazardous substance was stored for one year or more, disposed of, or known to have been released."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Dental and Optometric Care Access Act'' or the ``DOC Access Act''. SEC. 2. IMPROVING HEALTH CARE COVERAGE UNDER VISION AND DENTAL PLANS. (a) In General.--Title XXVII of the Public Health Service Act is amended by inserting after section 2719A (42 U.S.C. 300gg-19a) the following new section: ``SEC. 2719B. IMPROVING COVERAGE UNDER VISION AND DENTAL PLANS. ``(a) In General.--Under a group health plan or individual or health insurance coverage (including such a plan or coverage offering limited scope dental or vision benefits), the following shall apply: ``(1) Payment amounts from covered persons.-- ``(A) In general.--The plan or coverage shall provide, with respect to a doctor of optometry, doctor of dental surgery, or doctor of dental medicine that has an agreement to participate in the plan or coverage and that furnishes items or services that are not covered by the plan or coverage to a person enrolled under such plan or coverage, that the doctor may charge the enrollee for such items or services any amount determined by the doctor that is equal to, or less than, the usual and customary amount that the doctor charges individuals who are not so enrolled for such items or services. ``(B) Items and services considered covered by a plan.--For purposes of subparagraph (A), an item or service shall be considered, with respect to a plan or coverage, to be covered by the plan or coverage only if the negotiated rate agreed to by such plan or coverage and the doctor for such item or service, without regard to any cost sharing obligation of the enrollee, is an amount that is reasonable and is not nominal or de minimis. ``(2) Changes to plans.--The terms of an agreement between such a plan or coverage and such a doctor (including, in the case of a plan or coverage that provides for a provider network, the negotiated rate for providers that participate in the network of such plan or coverage), may be changed only pursuant to a subsequent agreement signed by the doctor that documents the acknowledgment and acceptance of the doctor (as applicable) to such changes. ``(3) Duration of limited scope vision and dental plans.-- In the case of an agreement between such a doctor and such a plan or coverage that offers limited scope dental or vision benefits, the agreement may not be for a period that is greater than two years. ``(4) Terms and conditions for ancillary services and procedures.--Such plan or coverage may not deny such a doctor participation in the plan or coverage or remove such a doctor from participation in the plan or coverage for the sole reason of the failure of the doctor to accept the terms and conditions under such agreement for any ancillary service or procedure. ``(5) Condition to join a provider network.--The plan or coverage may not require that such a doctor must participate with, or be credentialed by, any specific plan or coverage offering limited scope dental or vision benefits as a condition to participate in the provider network of such plan or coverage. ``(6) No interference with existing relationships and requirements.--Unless otherwise required by law or regulation, such plan or coverage may not directly communicate with an individual enrolled in such plan or coverage in a manner that interferes with or contravenes any State or Federal requirement, or doctor-patient relationship in existence at the time of such communication. ``(7) No restriction on choice of laboratories.--The plan or coverage may not, directly or indirectly, restrict or limit, such a doctor's choice of laboratories or choice of source and suppliers of services or materials provided by the doctor to an individual who is enrolled under the plan or coverage. ``(b) Private Right of Action.--In addition to any other remedies under State or Federal law, a person adversely affected by a violation of this subsection may bring action for injunctive relief against a plan described in subsection (a) and, upon prevailing, in addition to such injunctive relief, shall recover monetary damages of no more than $1,000 for each day found to be in violation plus attorney's fees and costs. The district courts of the United States shall have exclusive jurisdiction of civil actions brought under this subsection. ``(c) Relationship to Exception for Limited, Excepted Benefits.-- Section 2722(c)(1) shall not apply with respect to the requirements of this section. ``(d) Definitions.--In this section: ``(1) The terms `doctor of dental surgery' and `doctor of dental medicine' mean a doctor of dental surgery or of dental medicine, as applicable, who is legally authorized to practice dentistry by the State in which the doctor performs such function and who is acting within the scope of the license of the doctor when performing such functions. ``(2) The term `doctor of optometry' means a doctor of optometry who is legally authorized to practice optometry by the State in which the doctor so practices.''. (b) Conforming Amendment.--Section 2722(c)(1) of the Public Health Service Act (42 U.S.C. 300gg-21(c)(1)) is amended by striking ``The requirements'' and inserting ``Subject to section 2719B, the requirements''.", "summary": "Dental and Optometric Care Access Act or the DOC Access Act This bill amends the Public Health Service Act to prohibit group health plans and individual health insurance coverage from setting rates for items and services provided by a doctor of optometry, of dental surgery, or of dental medicine for which the plan or insurer does not pay a substantial amount. An agreement between a plan or insurer and such a doctor: (1) may only be changed with the doctor's acknowledgement and acceptance, and (2) may not last longer than two years if the agreement is for limited scope dental or vision benefits. Such a doctor must be allowed to participate in a: (1) plan or coverage without accepting terms for ancillary services or procedures, and (2) provider network without participating in a specific limited scope dental or vision benefit plan. Plans and insurers may not: (1) directly communicate with an enrolled individual in a manner that interferes with an existing doctor-patient relationship or a state or federal requirement, or (2) restrict such a doctor's choice of laboratories or suppliers. The bill establishes a private right of action for a person adversely affected by a violation of this Act."}
{"article": "SECTION 1. WAIVER OF OXYGEN CONTENT REQUIREMENTS. Section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended by adding the following new paragraph at the end: ``(11) Waiver of oxygen content requirement.-- ``(A) In general.--Upon petition to the Administrator by the Governor of a State, the Administrator shall waive any oxygen content requirement in effect under this subsection for that State. ``(B) Action by environmental protection agency.-- Not later than 270 days after the date of receipt of a petition submitted under subparagraph (A), the Administrator shall grant the waiver of the oxygen content requirement requested in the petition. If, by the date that is 270 days after the date of receipt of such a petition, the Administrator has not granted the petition, the petition shall be deemed to be granted. The waiver under this subparagraph shall take effect on the date 90 days after the petition is granted or deemed granted unless the Administrator establishes an earlier effective date. ``(C) Special rule.--The oxygen content requirement in effect under this subsection shall not apply to a State referred to in subsection (c)(4)(B).''. SEC. 2. CONTROL OF OXYGENATES. (a) EPA Authority.--(1) Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1)) is amended by inserting ``(A)'' after ``(1)'' by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and by adding the following at the end thereof: ``(B) The Administrator may, by regulation, control or prohibit the use of any oxygenate (including methyl tertiary butyl ether, `MTBE') as a fuel, or fuel additive for fuel, for use in a motor vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle if in the judgment of the Administrator such oxygenate causes or contributes to contamination of drinking water which may reasonably be anticipated to endanger public health, welfare, or the environment in the United States.''. (2) Section 211(c)(2)(A) of such Act (42 U.S.C. 7545(c)(2)(A)) is amended by inserting ``(i) of subparagraph'' before ``(A) of paragraph''. (3) Section 211(c)(2)(B) of such Act (42 U.S.C. 7545(c)(2)(B)) is amended by striking ``(B)'' and inserting ``(ii) of subparagraph (A)''. (4) Section 211(c)(2)(C) of such Act (42 U.S.C. 7545(c)(2)(C)) is amended by inserting ``clause (i) or (ii) of subparagraph (A) of'' before ``paragraph (1)''. (5) Section 211(c)(2) of such Act (42 U.S.C. 7545(c)(2)) is amended by adding the following at the end thereof: ``(D) If the Administrator seeks to control or prohibit the use of any oxygenate under subparagraph (B) of paragraph (1), the Administrator shall take into account information as to whether such control or prohibition will affect the use of any other oxygenate in a manner which may reasonably be anticipated to endanger public health, welfare, or the environment in the United States.''. (b) MTBE Levels.--Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is amended by adding the following at the end thereof: ``(5) MTBE levels.--Within 1 year after the enactment of this paragraph, the Administrator shall promulgate regulations to require that, for the calendar year beginning January 1, 2005, and for each calendar year thereafter, the annual volume of methyl tertiary butyl ether (MTBE) manufactured or introduced into commerce in a calendar year in the United States for use as a fuel, or fuel additive for fuel, for use in a motor vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle shall not exceed the average annual volume of MTBE estimated by the Administrator to have been manufactured or introduced into commerce in calendar years 1986 through 1991 in the United States for use as a fuel or fuel additive for fuel, for use in a motor vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle. The regulations under this paragraph may include regulations regarding the quantity of MTBE on a per-gallon basis or annual average basis provided that such an annual average standard has associated with it a per-gallon maximum standard.''. (c) State Authority.--Section 211(c)(4) of the Clean Air Act (42 U.S.C. 7545(c)(4)) is amended by adding the following at the end: ``(D) The Administrator may permit any State to prescribe and enforce controls or prohibitions on the use of methyl tertiary butyl ether (MTBE) as a fuel additive in fuel offered for sale, or sold, at retail in a calendar year in that State in order to reduce the volume of MTBE offered for sale, or sold, at retail in that State to levels below the levels estimated by the State to be offered for sale, or sold, at retail in that State under paragraph (1)(B) or (5). The Administrator may also permit any such State to establish such controls or prohibitions on MTBE on a more expeditious schedule than required under paragraph (1)(B) or (5). Any State seeking additional controls or prohibitions or a more expeditious schedule under this subparagraph shall submit a petition to the Administrator. The Administrator may only grant such a petition if the Administrator finds that the controls on MTBE in effect under paragraph (1)(B) or (5) will not prevent MTBE from causing or contributing to air pollution in that State, or contamination of drinking water in that State, which may reasonably be anticipated to endanger public health, welfare, or the environment. No State may submit such a petition to the Administrator before the date 1 year after the enactment of this subparagraph. The Administrator shall act on such petitions within 180 days of receipt. No State referred to in subparagraph (B) shall be subject to the requirements of this subparagraph. ``(E) Subparagraph (D) shall not limit the authority of any State under any other provision of law to prescribe and enforce any control or prohibition on the use of methyl tertiary butyl ether (MTBE) as a fuel additive.''. SEC. 3. MAINTENANCE OF EMISSION CONTROL BENEFITS. (a) Toxic Air Pollutants.--Section 211(k)(3) of the Clean Air Act (42 U.S.C. 7545(k)(3)) is amended by adding the following at the end: ``(C) Maintaining toxic control benefits in oxygen waiver areas.--(i) Not later than 90 days after the date of enactment of this subparagraph, the Administrator shall propose, and not later than later than 270 days after the enactment of this subparagraph, promulgate, regulations under this subparagraph (consistent with section 211(k)(3)(B)(ii) of the Clean Air Act) establishing regional performance standards to ensure that the levels of reductions of toxic air pollutants achieved under the Reformulated Gasoline Program in effect under this subsection are maintained in areas where the oxygen content requirement is waived under paragraph (11). ``(ii) For purposes of establishing regional performance standards under this subparagraph, the Administrator shall determine the reductions of toxic air pollutants achieved under the Reformulated Gasoline Program in effect under this subsection on average in calendar years 1998 and 1999 in various regions selected, in consultation with the Secretary of Energy. Such regions shall be selected on the basis of the existing gasoline distribution and supply network to the extent practicable. The Administrator's determination shall be based on compliance survey data, other appropriate and reliable data and the Environmental Protection Agency's existing Phase II complex model. ``(iii) The Administrator shall convert the average air toxic reductions, calculated as described in clause (ii), into annual average regional performance standards. Such regional performance standards shall apply to reformulated gasoline to be sold, or offered for sale, or introduced into commerce in areas where the oxygen content requirement is waived under paragraph (11). ``(iv) The performance standards under this subparagraph shall not apply to the extent that regulations under this Act (including the Environmental Protection Agency's existing Phase II Reformulated Gasoline air toxics performance standards, or regulations promulgated under section 202(l)) are more stringent than such performance standards. The performance standards under this subparagraph shall not apply in any State referred to in section 211(c)(4)(B). ``(v) Pending promulgation of regulations under this subparagraph, the Environmental Protection Agency's Phase II Reformulated Gasoline complex model toxic performance standards shall apply in areas where the oxygen content requirement is waived under paragraph (11).''. (b) Criteria Air Pollutants.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding at the end the following: ``(p) Conventional Gasoline.-- ``(1) In general.--Not later than October 1, 2007-- ``(A) the Administrator shall determine whether the use of conventional gasoline during the period of calendar years 2005 and 2006 resulted in a greater volume of emissions of criteria air pollutants listed under section 108, determined on the basis of a weighted average of those pollutants, than the volume of such emissions during the period of calendar years 1998 and 1999; and ``(B) if the Administrator determines that a significant increase in emissions occurred, the Administrator shall promulgate such regulations under subsection (c) concerning the use of conventional gasoline as are appropriate regarding that increase. ``(2) Applicability to certain states.--The Administrator shall make the determination under paragraph (1)(A) without regard to, and the regulations promulgated under paragraph (1)(B) shall not apply to, any State that has received a waiver under section 209(b).''. SEC. 4. ASSURANCE OF ADEQUATE FUEL SUPPLY. Any regulation or modification of fuel properties promulgated by, or approved by the Administrator of the Environmental Protection Agency under the amendments made by this Act, shall take into account the need to provide lead time for refinery and fuel distribution system modifications necessary to assure adequate fuel supply for all States. Such regulation or modification shall include provisions for the banking and trading of allowances within, but not between, the regions referred to in section 211(k)(3)(C) of the Clean Air Act.", "summary": "Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to waive oxygen content requirements for reformulated gasoline upon petition of a State.Permits the Administrator to control or prohibit the use of any oxygenate (including methyl tertiary butyl ether (MTBE)) as a fuel or fuel additive if the oxygenate contributes to contamination of drinking water which may be anticipated to endanger public health, welfare, or the environment.Caps the annual volume of MTBE manufactured or introduced into commerce as a fuel or fuel additive, beginning in 2005, at the average annual volume estimated to have been manufactured or introduced into commerce in 1986 through 1991.Grants States certain authority to prescribe and enforce controls on the use of MTBE as a fuel additive.Directs the Administrator to establish regional performance standards to ensure that levels of reductions of toxic air pollutants achieved under the Reformulated Gasoline Program are maintained in areas where the oxygen content requirement is waived.Requires any regulation or modification of fuel properties made by this Act to take into account the need to provide lead time for refinery and fuel distribution system modifications necessary to assure adequate fuel supply for all States."}
{"article": "SECTION 1. PUBLIC SCHOOL REPAIR AND RENOVATION. Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended to read as follows: ``TITLE XII--PUBLIC SCHOOL REPAIR AND RENOVATION ``SEC. 12001. FINDINGS. ``Congress finds as follows: ``(1) The General Accounting Office estimated in 1995 that it would cost $112,000,000,000 to bring our Nation's school facilities into good overall condition. ``(2) The General Accounting Office also found in 1995 that 60 percent of the Nation's schools, serving 28,000,000 students, reported that 1 or more building features, such as roofs and plumbing, needed to be extensively repaired, overhauled, or replaced. ``(3) The National Center for Education Statistics reported that the average age for a school building in 1998 was 42 years and that local educational agencies with relatively high rates of poverty tend to have relatively old buildings. ``(4) School condition is positively correlated with student achievement, according to a number of research studies. ``(5) The results of a recent survey indicate that the condition of schools with large proportions of students living on Indian lands is particularly poor. ``(6) While school repair and renovation are primarily a State and local concern, some States and communities are not, on their own, able to meet the burden of providing adequate school facilities for all students, and the poorest communities have had the greatest difficulty meeting this need. It is, therefore, appropriate for the Federal Government to provide assistance to high-need communities for school repair and renovation. ``SEC. 12002. PURPOSE. ``The purpose of this title is to assist high-need local educational agencies in making urgent repairs and renovations to public school facilities in order to-- ``(1) reduce health and safety problems, including violations of local or State fire codes, faced by students; and ``(2) improve the ability of students to learn in their school environment. ``SEC. 12003. AUTHORIZED ACTIVITIES. ``(a) In General.--A recipient of a grant or loan under this title shall use the grant or loan funds to carry out the purpose of this title by-- ``(1) repairing or replacing roofs, electrical wiring or plumbing systems; ``(2) repairing, replacing, or installing heating, ventilation, or air conditioning systems; ``(3) ensuring that repairs and renovations under this title comply with the requirements of section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 relating to the accessibility of public school programs to individuals with disabilities; and ``(4) making other types of school repairs and renovations that the Secretary may reasonably determine are urgently needed, particularly projects to correct facilities problems that endanger the health and safety of students and staff such as violations of State or local fire codes. ``(b) Limitation.--The Secretary shall not approve an application for a grant or loan under this title unless the applicant demonstrates to the Secretary's satisfaction that the applicant lacks sufficient funds, from other sources, to carry out the repairs or renovations for which the applicant is requesting assistance. ``SEC. 12004. GRANTS TO LOCAL EDUCATIONAL AGENCIES WITH HIGH CONCENTRATIONS OF STUDENTS LIVING ON INDIAN LANDS. ``(a) Grants Authorized.--From funds available under section 12008(a), the Secretary shall award grants to local educational agencies to enable the agencies to carry out the authorized activities described in section 12003 and subsection (e). ``(b) Eligibility.--A local educational agency is eligible for a grant under this section if the number of children determined under section 8003(a)(1)(C) of this Act for that agency constituted at least 50 percent of the number of children who were in average daily attendance at the schools of such agency during the preceding school year. ``(c) Allocation of Funds.--The Secretary shall allocate funds available to carry out this section to eligible local educational agencies based on their respective numbers of children in average daily attendance who are counted under section 8003(a)(1)(C) of this Act. ``(d) Applications.--Each eligible local educational agency that desires to receive a grant under this section shall submit an application to the Secretary that includes-- ``(1) a statement of how the agency will use the grant funds; ``(2) a description of the steps the agency will take to adequately maintain the facilities that the agency repairs, renovates, or constructs with those funds; and ``(3) such other information and assurances as the Secretary may reasonably require. ``(e) Construction of New Schools.--In addition to any other activity authorized under section 12003, an eligible local educational agency may use grant funds received under this section to construct a new school if the agency demonstrates to the Secretary's satisfaction that the agency will replace an existing school that is in such poor condition that renovating the school will not be cost-effective. ``SEC. 12005. GRANTS TO HIGH-POVERTY LOCAL EDUCATIONAL AGENCIES. ``(a) Grants Authorized.--From funds available under section 12008(b)(1), the Secretary shall make grants, on a competitive basis, to local educational agencies with poverty rates of 25 percent or greater to enable the agencies to carry out the authorized activities described in section 12003. ``(b) Criteria for Awarding Grants.--In awarding grants under this section, the Secretary shall consider-- ``(1) the poverty rate, the need for school repairs and renovations, and the fiscal capacity of each local educational agency; and ``(2) such other factors as the Secretary determines appropriate. ``(c) Applications.--Each eligible local educational agency that desires to receive a grant under this section shall submit an application to the Secretary that includes-- ``(1) a description of the agency's urgent need for school repair and renovation and of how the agency will use funds available under this title to meet those needs; ``(2) information on the fiscal effort that the agency is making in support of education and evidence demonstrating that the agency lacks the capacity to meet the agency's urgent school repair and renovation needs without assistance made available under this title; ``(3) a description of the steps the agency will take to adequately maintain the facilities that the agency repairs or renovates with the assistance; and ``(4) such other information and assurances as the Secretary may reasonably require. ``SEC. 12006. SCHOOL RENOVATION GRANTS AND LOANS. ``(a) Grants and Loans Authorized.--From funds available under section 12008(b)(2), the Secretary shall make grants, and shall pay the cost of loans made, on a competitive basis, to local educational agencies that lack the ability to fund urgent school repairs without a grant or loan provided under this section to enable the agencies to carry out the authorized activities described in section 12003. ``(b) Loan Period.--Each loan under this section shall be for a period of 7 years and shall carry an interest rate of 0 percent. ``(c) Criteria for Making Loans.--In making loans under this section, the Secretary shall consider-- ``(1) the extent of poverty, the need for school repairs and renovations, and the fiscal capacity of each applicant; and ``(2) such other factors as the Secretary determines appropriate. ``(d) Applications.--Each eligible local educational agency that desires to receive a grant or loan under this section shall submit an application to the Secretary that includes the information described in section 12005(c). ``(e) Credit Standards.--In carrying out this section, the Secretary-- ``(1) shall not extend credit without finding that there is reasonable assurance of repayment; and ``(2) may use credit enhancement techniques, as appropriate, to reduce the credit risk of loans. ``SEC. 12007. PROGRESS REPORTS. ``The Secretary shall require recipients of grants and loans under this title to submit progress reports and such other information as the Secretary determines necessary to ensure compliance with this title and to evaluate the impact of activities assisted under this title. ``SEC. 12008. AUTHORIZATION OF APPROPRIATIONS. ``(a) Grants Under Section 12004.--For the purpose of making grants under section 12004, there are authorized to be appropriated $50,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years. ``(b) Grants Under Section 12005 and Grants and Loans Under Section 12006.--For the purpose of making grants under section 12005, and grants and loans under section 12006, there are authorized to be appropriated $1,250,000,000 for fiscal year 2001 and such sums as may be necessary for each of the succeeding 4 years, of which-- ``(1) 10 percent shall be available for grants under section 12005; and ``(2) 90 percent shall be available to make grants and to pay the cost of loans under section 12006. ``(c) Limitation on Loan Volume.--Within the available resources and authority, gross obligations for the principal amount of direct loans offered by the Secretary under section 12006 for fiscal year 2001 shall not exceed $7,000,000,000, or the amount specified in an applicable appropriations Act, whichever is greater. ``SEC. 12009. DEFINITIONS. ``For the purpose of this title, the following terms have the following meanings: ``(1) Local educational agency.--The term `local educational agency' has the meaning given that term in section 14101(18) (A) and (B) of this Act. ``(2) Public school facility.-- ``(A) In general.--The term `public school facility' means a public building whose primary purpose is the instruction of public elementary or secondary students. ``(B) Exclusions.--The term excludes athletic stadiums or any other structure or facility intended primarily for athletic exhibitions, contests, games, or events for which admission is charged to the general public. ``(3) Repair and renovation.--The term `repair and renovation' used with respect to an existing public school facility, means the repair or renovation of the facility without increasing the size of the facility.''.", "summary": "Requires high-need local educational agencies (LEAs) to use the title XII grants or loans they receive for repairs and renovations to reduce health and safety problems, and to improve the learning environment, with respect to: (1) roofs, electrical wiring, or plumbing repair or replacement; (2) heating, ventilation, or air conditioning systems' repair, replacement, or installation; (3) title XII repairs and renovations compliance with specified accessibility requirements of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990; and (4) other types of school repairs and renovations that the Secretary of Education may reasonably determine are urgently needed, particularly projects to correct facilities problems that endanger the health and safety of students and staff. Requires title XII grant or loan applicants to demonstrate to the Secretary's satisfaction that they lack sufficient funds from other sources to carry out the repairs or renovations for which they are requesting assistance. Provides for the following types and portions of title XII assistance: (1) a specified amount reserved for allocated grants to LEAs with high concentrations of students living on Indian lands (which may be used for new school construction if renovating an existing school would not be cost-effective); (2) ten percent of the remainder for competitive grants to high-poverty LEAs (with at least a quarter of their students being from families with incomes below the poverty line); and (3) 90 percent of such remainder for competitive grants and loans to high-need LEAs that lack the ability to fund urgent school repairs (with a limitation on the amount of the loan volume). Authorizes appropriations. Prohibits title XII assistance for repair or renovation of athletic stadiums or other structures or facilities intended primarily for athletic events for which admission is charged to the general public."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Health Benefits Access Act''. SEC. 2. PROVISIONS TO MAKE FEHBP AVAILABLE TO THE GENERAL PUBLIC. (a) In General.--Chapter 89 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8915. Provisions to require that benefits be extended to the general public ``(a) A contract may not be made or a plan approved unless the carrier agrees to offer to the general public, throughout each term for which the contract or approval remains effective, the same benefits (subject to the same maximums, limitations, exclusions, and other similar terms or conditions) as would be offered under such contract or plan to employees and annuitants and their family members. ``(b)(1) Premiums for coverage under this section shall be established in conformance with such requirements as the Office of Personnel Management shall by regulation prescribe, including provisions to ensure conformance with generally accepted standards and practices associated with community rating. ``(2) In no event shall the enactment of this section result in-- ``(A) any increase in the level of individual or Government contributions required under section 8906 or any other provision of this chapter, including copayments or deductibles; ``(B) any decrease in the types of benefits offered under this chapter; or ``(C) any other change that would adversely affect the coverage afforded under this chapter to employees and annuitants and their family members. ``(c) Benefits under this section shall, with respect to an individual who is entitled to benefits under part A of title XVIII of the Social Security Act, be offered (for use in coordination with those Social Security benefits) to the same extent and in the same manner as if coverage were under the preceding provisions of this chapter, rather than under this section. ``(d)(1) A carrier may file an application with the Office setting forth reasons why it, or a plan provided by such carrier, should be excluded from the requirements of this section. ``(2) In reviewing any such application, the Office may consider such factors as-- ``(A) any bona fide enrollment restrictions which would make the application of this section inappropriate, including those common to plans which are limited to individuals having a past or current employment relationship with a particular agency or other authority of the Government; ``(B) whether compliance with this section would jeopardize the financial solvency of the plan or carrier, or otherwise compromise its ability to offer health benefits under the preceding provisions of this chapter; and ``(C) the anticipated duration of the requested exclusion, and what efforts the plan or carrier proposes to take in order to be able to comply with this section. ``(e) Except as the Office may by regulation prescribe, any reference to this chapter (or any requirement of this chapter), made in any provision of law, shall not be considered to include this section (or any requirement of this section).''. (b) Conforming Amendment.--The table of sections for chapter 89 of title 5, United States Code, is amended by adding at the end the following: ``8915. Provisions to require that benefits be extended to the general public.''. SEC. 3. STANDARDIZED CLAIMS PROCESSING. Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(o) A claim for payment or reimbursement under this chapter (whether electronic or otherwise) shall be submitted on such a standard form or in such a standard manner as may be required by the Office in relation to health benefit plans. Each contract under this chapter shall include appropriate provisions to carry out the preceding sentence.''. SEC. 4. ADVANCE DIRECTIVES. Section 8907 of title 5, United States Code, is amended by adding at the end the following: ``(c) The Office shall-- ``(1) prepare information relating to the use of advance directives regarding the type or intensity of care which an individual desires in the event that such individual becomes unable to communicate by reason of incapacity due to illness or injury; and ``(2) require, as a condition for approval of any contract under section 8902, that appropriate provisions be included so that such information may be made available to enrollees of the plan involved.''. SEC. 5. DEMONSTRATION PROJECT TO EXAMINE THE FEASIBILITY OF OFFERING FEHBP ENROLLEES THE OPTION OF USING ARBITRATION INSTEAD OF LITIGATION TO RESOLVE MEDICAL MALPRACTICE CLAIMS. (a) In General.--The Office of Personnel Management shall conduct a demonstration project to assess the feasibility and desirability of offering the use of arbitration, instead of litigation, to resolve medical malpractice claims arising out of covered health care services. (b) Definition.--For the purpose of this section, the term ``covered health care services'' means any care, treatment, or other service for which the individual who receives such service has coverage under chapter 89 of title 5, United States Code. (c) Project Requirements.-- (1) In general.--The demonstration project shall be conducted as a demonstration project under section 4703 of title 5, United States Code. (2) Plan design.--In developing a plan for such project under section 4703 of title 5, United States Code, the Office shall include (in addition to any information otherwise required)-- (A) suggestions for incentives that may be offered in order to obtain the voluntary participation of enrollees, such as reductions in premiums, copayments, or deductibles; (B) the criteria for identifying the types of health benefit plans which are appropriate for inclusion, and the procedures and conditions in accordance with which any such plan may participate; (C) the general framework for arbitration, including (to the extent the Office considers appropriate) methods for the selection of arbitrators, length of hearings, and limitations on damages; and (D) the effect of an award resulting from the arbitration process, and the extent to which review of such an award may be obtained. (d) Evaluation.--The evaluation required under section 4703(h) of title 5, United States Code, with respect to the demonstration project shall include data and analysis relating to matters such as-- (1) the number of claims brought for arbitration; (2) how those claims were disposed of (whether by settlement, hearing, or otherwise), and the percentage of the total number of claims represented by each; (3) the average dollar amount of those awards or settlements; (4) the various costs involved in connection with those claims; and (5) the advantages and disadvantages of arbitration, relative to other methods of dispute resolution, and the extent to which arbitration should continue to be used under chapter 89 of such title. SEC. 6. APPLICABILITY. The amendments made by this Act shall apply with respect to contract terms beginning after the end of the 6-month period beginning on the date of the enactment of this Act.", "summary": "Federal Employees Health Benefits Access Act - Prohibits a Government health services contract from being made or a plan approved unless the carrier agrees to offer to the general public the same benefits as would be offered under such contract or plan to Federal employees and annuitants and their family members. Requires premiums for coverage to be established in conformance with such requirements as the Office of Personnel Management (OPM) shall prescribe. Specifies that in no event shall this Act's enactment result in any: (1) increase in the level of individual or Government contributions required, including copayments or deductibles; (2) decrease in the types of benefits offered; or (3) other change that would adversely affect the coverage afforded to employees and annuitants and their family members. Permits a carrier to file an application with OPM setting forth reasons why it, or a plan provided by such carrier, should be excluded from the requirements of this Act. Allows OPM, in reviewing any such application, to consider such factors as: (1) any bona fide enrollment restrictions which would make the application of this Act inappropriate; (2) whether compliance would jeopardize the financial solvency of the plan or carrier or otherwise compromise its ability to offer health benefits; and (3) the anticipated duration of the requested exclusion and what efforts the plan or carrier proposes to take in order to be able to comply with this Act. Requires a claim for payment or reimbursement to be submitted on a standard form or in a standard manner as may be required by OPM in relation to health benefit plans. Directs OPM to: (1) prepare information relating to the use of advance directives regarding the type or intensity of care which an individual desires in the event that such individual becomes unable to communicate by reason of incapacity due to illness or injury; and (2) require, as a condition for contract approval, that appropriate provisions be included so that such information may be made available to enrollees of the plan involved. Requires OPM to conduct a demonstration project to assess the feasibility and desirability of offering the use of arbitration, instead of litigation, to resolve medical malpractice claims arising out of covered health care services. Sets forth provisions regarding project requirements and evaluation."}
{"article": "SECTION 1. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE. (a) Permanent Extension.--Section 127 of the Internal Revenue Code of 1986 (relating to exclusion for educational assistance programs) is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (b) Restoration of Exclusion for Graduate Education.--The last sentence of paragraph (1) of section 127(c) of such Code is amended by striking ``, and such term also does not include any payment for, or the provision of any benefits with respect to, any graduate level course of a kind normally taken by an individual pursuing a program leading to a law, business, medical, or other advanced academic or professional degree''. (c) Effective Dates.-- (1) Extension.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1996. (2) Graduate education.--The amendment made by subsection (b) shall apply with respect to expenses relating to courses beginning after December 31, 1996. SEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 221 as section 222 and by inserting after section 220 the following new section: ``SEC. 221. INTEREST ON EDUCATION LOANS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount allowed as a deduction under subsection (a) shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph equals the amount which bears the same ratio to the deduction (determined without regard to this subsection) as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $50,000 ($80,000 in the case of a joint return), bears to ``(B) $20,000. ``(3) Modified adjusted gross income.--For purposes of paragraph (2), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(A) without regard to this section and sections 911, 931, and 933, and ``(B) after the application of sections 86, 135, 137, 219, and 469. For purposes of sections 86, 135, 219, and 469, adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(4) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 1997, the $50,000 and $80,000 amounts in paragraph (2)(A)(ii) shall each be increased by an amount equal to-- ``(i) such dollar amounts, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000. ``(c) Dependents Not Eligible for Deduction.--No deduction shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' means any indebtedness incurred to pay qualified higher education expenses-- ``(A) which are incurred on behalf of the taxpayer or the taxpayer's spouse, ``(B) which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and ``(C) which are attributable to education furnished during a period during which the recipient was at least a half-time student. Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified education loan. The term `qualified education loan' shall not include any indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer. ``(2) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means the excess of-- ``(i) tuition and fees required for the enrollment or attendance of-- ``(I) the taxpayer, ``(II) the taxpayer's spouse, or ``(III) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, as an eligible student at an institution of higher education, over ``(ii) the sum of-- ``(I) the amount excluded from gross income under section 135 by reason of such tuition and fees, and ``(II) the amount of the reduction described in section 135(d)(1). ``(B) Exceptions.--Such term does not include-- ``(i) expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the student's degree program, and ``(ii) student activity fees, athletic fees, insurance expenses, or other expenses unrelated to a student's academic course of instruction. ``(C) Eligible student.--The term `eligible student' means, with respect to any academic period, a student who-- ``(i) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(ii) is carrying at least \\1/2\\ the normal full-time work load for the course of study the student is pursuing, as reasonably determined by the institution of higher education. ``(3) Institution of higher education.--The term `institution of higher education' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and ``(B) which is eligible to participate in programs under title IV of such Act. Such term includes an institution conducting an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility which offers postgraduate training. ``(4) Full-time student.--The term `full-time student' means any student who is carrying at least the normal full-time work load for the course of study the student is pursuing, as reasonably determined by the institution of higher education. ``(5) Half-time student.--The term `half-time student' means any individual who would be a student as defined in section 151(c)(4) if `half-time' were substituted for `full- time' each place it appears in such section. ``(6) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(e) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(3) Marital status.--Marital status shall be determined in accordance with section 7703.'' (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (16) the following new paragraph: ``(17) Interest on education loans.--The deduction allowed by section 221.'' (c) Reporting Requirement.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of such Code (relating to information concerning transactions with other persons) is amended by inserting after section 6050R the following new section: ``SEC. 6050S. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS. ``(a) Education Loan Interest of $600 or More.--Any person-- ``(1) who is engaged in a trade or business, and ``(2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on 1 or more qualified education loans, shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, ``(2) contains-- ``(A) the name, address, and TIN of the individual from whom the interest described in subsection (a)(2) was received, ``(B) the amount of such interest received for the calendar year, and ``(C) such other information as the Secretary may prescribe. ``(c) Application to Governmental Units.--For purposes of subsection (a)-- ``(1) Treated as persons.--The term `person' includes any governmental unit (and any agency or instrumentality thereof). ``(2) Special rules.--In the case of a governmental unit or any agency or instrumentality thereof-- ``(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and ``(B) any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return. ``(d) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return, and ``(2) the aggregate amount of interest described in subsection (a)(2) received by the person required to make such return from the individual to whom the statement is required to be furnished. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. ``(e) Qualified Education Loan Defined.--For purposes of this section, except as provided in regulations prescribed by the Secretary, the term `qualified education loan' has the meaning given such term by section 221(d)(1). ``(f) Returns Which Would Be Required To Be Made by 2 or More Persons.--Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).'' (2) Assessable penalties.--Section 6724(d) of such Code (relating to definitions) is amended-- (A) by redesignating clauses (x) through (xv) as clauses (xi) through (xvi), respectively, in paragraph (1)(B) and by inserting after clause (ix) of such paragraph the following new clause: ``(x) section 6050S (relating to returns relating to education loan interest received in trade or business from individuals),'', and (B) by striking ``or'' at the end of the next to last subparagraph, by striking the period at the end of the last subparagraph and inserting ``, or'', and by adding at the end the following new subparagraph: ``(Z) section 6050R (relating to returns relating to education loan interest received in trade or business from individuals).'' (d) Clerical Amendments.-- (1) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 221. Interest on education loans. ``Sec. 222. Cross reference.'' (2) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050R the following new item: ``Sec. 6050S. Returns relating to education loan interest received in trade or business from individuals.'' (e) Effective Date.--The amendments made by this section shall apply to any qualified education loan (as defined in section 221(d)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to any loan interest payment due after December 31, 1996.", "summary": "Amends the Internal Revenue Code to with respect to the income exclusion for employer-provided educational assistance programs to: (1) make such exclusion permanent; and (2) include graduate school assistance. Provides an income-based deduction for interest on qualified education loans incurred on behalf of a taxpayer or spouse (excludes dependents). Sets forth reporting requirements for persons in the business of receiving interest from such loans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Financial Assistance Management Improvement Act of 1999''. SEC. 2. FINDINGS. The Congress finds that-- (1) there are over 600 different Federal financial assistance programs to implement domestic policy; (2) while the assistance described in paragraph (1) has been directed at critical problems, some Federal administrative requirements may be duplicative, burdensome, or conflicting, thus impeding cost-effective delivery of services at the local level; (3) the Nation's State, local, and tribal governments and private, nonprofit organizations are dealing with increasingly complex problems which require the delivery and coordination of many kinds of services; and (4) streamlining and simplification of Federal financial assistance administrative procedures and reporting requirements will improve the delivery of services to the public. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) improve the effectiveness and performance of Federal financial assistance programs; (2) simplify Federal financial assistance application and reporting requirements; (3) improve the delivery of services to the public; and (4) facilitate greater coordination among those responsible for delivering such services. SEC. 4. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (2) Federal agency.--The term ``Federal agency'' means any agency as defined under section 551(1) of title 5, United States Code. (3) Federal financial assistance.--The term ``Federal financial assistance'' has the meaning given that term in section 7501(a)(5) of title 31, United States Code, under which Federal financial assistance is provided, directly or indirectly, to a non-Federal entity. (4) Local government.--The term ``local government'' means a political subdivision of a State that is a unit of general local government (as defined under section 7501(a)(11) of title 31, United States Code); (5) Non-federal entity.--The term ``non-Federal entity'' means a State, local government, or nonprofit organization. (6) Nonprofit organization.--The term ``nonprofit organization'' means any corporation, trust, association, cooperative, or other organization that-- (A) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (B) is not organized primarily for profit; and (C) uses net proceeds to maintain, improve, or expand the operations of the organization. (7) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, and any instrumentality thereof, any multi-State, regional, or interstate entity which has governmental functions, and any Indian Tribal Government. (8) Tribal government.--The term ``tribal government'' means an Indian tribe, as that term is defined in section 7501(a)(9) of title 31, United States Code. (9) Uniform administrative rule.--The term ``uniform administrative rule'' means a government-wide uniform rule for any generally applicable requirement established to achieve national policy objectives that applies to multiple Federal financial assistance programs across Federal agencies. SEC. 5. DUTIES OF FEDERAL AGENCIES. (a) In General.--Not later than 18 months after the date of the enactment of this Act, each Federal agency shall develop and implement a plan that-- (1) streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency; (2) demonstrates active participation in the interagency process under section 6(a)(2); (3) demonstrates appropriate agency use, or plans for use, of the common application and reporting system developed under section 6(a)(1); (4) designates a lead agency official for carrying out the responsibilities of the agency under this Act; (5) allows applicants to electronically apply for, and report on the use of, funds from the Federal financial assistance program administered by the agency in a manner not inconsistent with the Government Paperwork Elimination Act (title XVII of Public Law 105-277); (6) ensures recipients of Federal financial assistance provide timely, complete, and high quality information in response to Federal reporting requirements; and (7) establishes specific annual goals and objectives to further the purposes of this Act and measure annual performance in achieving those goals and objectives, which may be done as part of the agency's annual planning responsibilities under the provisions enacted in the Government Performance and Results Act of 1993 (Public Law 103-62). (b) Extension.--If one or more agencies are unable to comply with the requirements of subsection (a), the Director shall report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives the reasons for noncompliance. After consultation with such committees, the Director may extend the period for plan development and implementation for each noncompliant agency for up to 12 months. (c) Comment and Consultation on Agency Plans.-- (1) Comment.--Each agency shall publish the plan developed under subsection (a) in the Federal Register and shall receive public comment of the plan through the Federal Register and other means (including electronic means). To the maximum extent practicable, each Federal agency shall hold public forums on the plan. (2) Consultation.--The lead official designated under subsection (a)(4) shall consult with representatives of non- Federal entities during development and implementation of the plan. Consultation with representatives of State, local, and tribal governments shall be in accordance with section 204 of the Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2 U.S.C. 1534). (d) Submission of Plan.--Each Federal agency shall submit the plan developed under subsection (a) to the Director and Congress and report annually thereafter on the implementation of the plan and performance of the agency in meeting the goals and objectives specified under subsection (a)(7). Such report may be included as part of any of the general management reports required under law. (e) Department of Housing and Urban Development.--(1) Not later than 18 months after the date of the enactment of this Act, the Department of Housing and Urban Development shall develop and implement a plan that establishes policies and procedures regarding an applicant who has submitted an application for Federal financial assistance to the agency that includes a technical deficiency under which-- (A) the applicant shall be notified promptly of the deficiency and permitted to submit the appropriate information to correct the deficiency within 7 days of receipt of notice by the applicant of the deficiency, notwithstanding that the deadline for submission of an application has expired; (B) the application shall continue to be considered by the agency during the period before the applicant is notified and the 7-day period during which the applicant is permitted to correct the deficiency; and (C) if the applicant corrects the deficiency within the 7- day period, the agency shall continue to consider the application. (2) A deficiency (including, but not limited to, a misfiling, error, or omission) may be considered technical for purposes of this subsection notwithstanding a material impact on the eligibility of an applicant or proposed activity for requested funding. A technical deficiency for purposes of this subsection does not include the failure to submit a substantially complete application by a deadline published in the Federal Register. SEC. 6. DUTIES OF THE DIRECTOR. (a) In General.--The Director, in consultation with agency heads, and representatives of non-Federal entities, shall direct, coordinate and assist Federal agencies in establishing: (1)(A) a common application or set of common applications, wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; (B) a common system, including electronic processes, wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; and (C) uniform administrative rules for Federal financial assistance programs across different Federal agencies. (2) An interagency process for addressing-- (A) ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities; (B) improved interagency and intergovernmental coordination of information collection and sharing of data pertaining to Federal financial assistance programs, including appropriate information sharing consistent with the provisions in the Privacy Act of 1974 (Public Law 93-579); and (C) improvements in the timeliness, completeness, and quality of information received by Federal agencies from recipients of Federal financial assistance. (b) Lead Agency and Working Groups.--The Director may designate a lead agency to assist the Director in carrying out the responsibilities under this section. The Director may use interagency working groups to assist in carrying out such responsibilities. (c) Review of Plans and Reports.--Agencies shall submit to the Director, upon his request and for his review, information and other reporting regarding their implementation of this Act. (d) Exemptions.--The Director may exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the Federal agency does not have a significant number of Federal financial assistance programs. The Director shall maintain a list of exempted agencies which will be available to the public through the Internet site of the Office of Management and Budget. (e) Report on Recommended Changes in Law.--Not later than 18 months after the date of the enactment of this Act, the Director shall submit to Congress a report containing recommendations for changes in law to improve the effectiveness and performance of Federal financial assistance programs. SEC. 7. EVALUATION. (a) In General.--The Director (or the lead agency designated under section 6(b)) shall contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Not later than 4 years after the date of the enactment of this Act, the evaluation shall be submitted to the lead agency, the Director, and Congress. The evaluation shall be performed with input from State, local, and tribal governments, and nonprofit organizations. (b) Contents.--The evaluation under subsection (a) shall-- (1) assess the effectiveness of this Act in meeting the purposes of this Act and make specific recommendations to further the implementation of this Act; (2) evaluate actual performance of each agency in achieving the goals and objectives stated in agency plans; (3) assess the level of coordination among the Director, Federal agencies, State, local, and tribal governments, and nonprofit organizations in implementing this Act. SEC. 8. COLLECTION OF INFORMATION. Nothing in this Act shall be construed to prevent the Director or any Federal agency from gathering, or to exempt any recipient of Federal financial assistance from providing, information that is required for review of the financial integrity or quality of services of an activity assisted by a Federal financial assistance program. SEC. 9. JUDICIAL REVIEW. There shall be no judicial review of compliance or noncompliance with any of the provisions of this Act. No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action. SEC. 10. STATUTORY REQUIREMENTS. Nothing in this Act shall be construed as a means to deviate from the statutory requirements relating to applicable Federal financial assistance programs. SEC. 11. EFFECTIVE DATE AND SUNSET. This Act shall take effect on the date of the enactment of this Act and shall cease to be effective five years after such date of enactment. SEC. 12. SENSE OF THE CONGRESS REGARDING FEDERAL FINANCIAL ASSISTANCE. It is the sense of the Congress that Federal agencies, in providing Federal financial assistance for the purpose of economic development, should focus primarily on communities with high poverty and unemployment rates. Passed the House of Representatives February 24, 1999. Attest: JEFF TRANDAHL, Clerk.", "summary": "Federal Financial Assistance Management Improvement Act of 1999 - Directs each Federal agency to develop and implement a plan that, among other things, streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency. Requires each agency to publish the plan in the Federal Register, receive public comment, and hold public forums on the plan. Requires the designated lead agency official to consult with the representatives of non-Federal entities during plan development and implementation. Requires each Federal agency to submit the plan developed to the Director of the Office of Management and Budget (OMB) and the Congress and report annually thereafter on plan implementation and agency performance in meeting goals and objectives. Directs the Department of Housing and Urban Development to develop and implement a plan that establishes policies and procedures regarding an applicant who has submitted an application for Federal financial assistance to the agency that includes a technical deficiency under which the applicant: (1) shall be notified of the deficiency and be permitted to submit information to correct the deficiency within seven days; and (2) shall continue to be considered by the agency during such period and after such period if the deficiency is corrected. Requires the Director to direct, coordinate and assist Federal agencies in establishing: (1) a common application or set of common applications wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal programs; (2) a common system wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal programs; (3) uniform administrative rules for Federal financial assistance programs across different agencies; and (4) an interagency process for addressing ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities, ways to improve interagency and intergovernmental coordination of information collection and data sharing pertaining to Federal financial assistance programs, and ways to improve the timeliness, completeness, and quality of information received from financial assistance recipients. Permits the Director to: (1) designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities; and (2) exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director to maintain a list of exempted agencies available to the public through OMB's Internet site. Requires the Director to submit to the Congress a report containing recommendations for changes in law to improve the effectiveness and performance of Federal financial assistance programs. Requires the Director or lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be submitted to the lead agency, the Director, and the Congress. Requires the evaluation to be performed with input from State, local, and tribal governments and nonprofit organizations. Terminates this Act five years after enactment. Expresses the sense of the Congress that Federal agencies, in providing Federal financial assistance for economic development, should focus on communities with high poverty and unemployment rates."}
{"article": "SECTION 1. REPEAL OF CARRYOVER BASIS; ETC. (a) In General.--Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (b) Sunset Not To Apply.-- (1) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (2) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. (c) Conforming Amendments.--Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. SEC. 2. MODIFICATIONS TO ESTATE TAX. (a) Increase in Exclusion Equivalent of Unified Credit to $3,500,000.-- (1) In general.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000 ($3,000,000 in the case of estates of decedents dying, and gifts made, after December 31, 2002, and before January 1, 2009).''. (2) Earlier termination of section 2057.--Subsection (f) of section 2057 of such Code is amended by striking ``December 31, 2003'' and inserting ``December 31, 2002''. (b) Maximum Estate Tax Rate To Remain at 50 Percent; Phaseout of Graduated Rates and Unified Credit.--Paragraph (2) of section 2001(c) of such Code is amended to read as follows: ``(2) Phaseout of graduated rates and unified credit.--The tentative tax determined under paragraph (1) shall be increased by an amount equal to 5 percent of so much of the amount (with respect to which the tentative tax is to be computed) as exceeds $10,000,000. The amount of the increase under the preceding sentence shall not exceed the sum of the applicable credit amount under section 2010(c) and $224,200.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2002. SEC. 3. VALUATION RULES FOR CERTAIN TRANSFERS OF NONBUSINESS ASSETS; LIMITATION ON MINORITY DISCOUNTS. (a) In General.--Section 2031 of the Internal Revenue Code of 1986 (relating to definition of gross estate) is amended by redesignating subsection (d) as subsection (f) and by inserting after subsection (c) the following new subsections: ``(d) Valuation Rules for Certain Transfers of Nonbusiness Assets.--For purposes of this chapter and chapter 12-- ``(1) In general.--In the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092)-- ``(A) the value of any nonbusiness assets held by the entity shall be determined as if the transferor had transferred such assets directly to the transferee (and no valuation discount shall be allowed with respect to such nonbusiness assets), and ``(B) the nonbusiness assets shall not be taken into account in determining the value of the interest in the entity. ``(2) Nonbusiness assets.--For purposes of this subsection-- ``(A) In general.--The term `nonbusiness asset' means any asset which is not used in the active conduct of 1 or more trades or businesses. ``(B) Exception for certain passive assets.--Except as provided in subparagraph (C), a passive asset shall not be treated for purposes of subparagraph (A) as used in the active conduct of a trade or business unless-- ``(i) the asset is property described in paragraph (1) or (4) of section 1221(a) or is a hedge with respect to such property, or ``(ii) the asset is real property used in the active conduct of 1 or more real property trades or businesses (within the meaning of section 469(c)(7)(C)) in which the transferor materially participates and with respect to which the transferor meets the requirements of section 469(c)(7)(B)(ii). For purposes of clause (ii), material participation shall be determined under the rules of section 469(h), except that section 469(h)(3) shall be applied without regard to the limitation to farming activity. ``(C) Exception for working capital.--Any asset (including a passive asset) which is held as a part of the reasonably required working capital needs of a trade or business shall be treated as used in the active conduct of a trade or business. ``(3) Passive asset.--For purposes of this subsection, the term `passive asset' means any-- ``(A) cash or cash equivalents, ``(B) except to the extent provided by the Secretary, stock in a corporation or any other equity, profits, or capital interest in any entity, ``(C) evidence of indebtedness, option, forward or futures contract, notional principal contract, or derivative, ``(D) asset described in clause (iii), (iv), or (v) of section 351(e)(1)(B), ``(E) annuity, ``(F) real property used in 1 or more real property trades or businesses (as defined in section 469(c)(7)(C)), ``(G) asset (other than a patent, trademark, or copyright) which produces royalty income, ``(H) commodity, ``(I) collectible (within the meaning of section 401(m)), or ``(J) any other asset specified in regulations prescribed by the Secretary. ``(4) Look-thru rules.-- ``(A) In general.--If a nonbusiness asset of an entity consists of a 10-percent interest in any other entity, this subsection shall be applied by disregarding the 10-percent interest and by treating the entity as holding directly its ratable share of the assets of the other entity. This subparagraph shall be applied successively to any 10-percent interest of such other entity in any other entity. ``(B) 10-percent interest.--The term `10-percent interest' means-- ``(i) in the case of an interest in a corporation, ownership of at least 10 percent (by vote or value) of the stock in such corporation, ``(ii) in the case of an interest in a partnership, ownership of at least 10 percent of the capital or profits interest in the partnership, and ``(iii) in any other case, ownership of at least 10 percent of the beneficial interests in the entity. ``(5) Coordination with subsection (b).--Subsection (b) shall apply after the application of this subsection. ``(e) Limitation on Minority Discounts.--For purposes of this chapter and chapter 12, in the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092), no discount shall be allowed by reason of the fact that the transferee does not have control of such entity if the transferee and members of the family (as defined in section 2032A(e)(2)) of the transferee have control of such entity.'' (b) Effective Date.--The amendments made by this section shall apply to transfers after the date of the enactment of this Act.", "summary": "Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to repeal subtitles A (Repeal of Estate and Generation-Skipping Transfer Taxes) and E (Carryover Basis at Death; Other Changes Taking Effect With Repeal) of title V (Estate, Gift, and Generation-Skipping Transfer Tax Provisions. Repeals the sunset provisions applicable to the remaining provisions of title V.Increases the unified tax credit amount for years before 2009. Modifies provisions concerning phaseout of graduated rates and unified credit.Sets valuation rules for certain transfers of \"nonbusiness assets,\" or assets not used in the active conduct of one or more trades or businesses. Sets forth criteria under which certain \"passive assets\" shall not be treated as used in the active conduct of business and defines \"passive assets.\"Specifies a limitation on minority discounts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Tax Rebate Act of 2005''. TITLE I--ENERGY TAX REBATE SEC. 101. ENERGY TAX REBATE. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application in the case of abatements, credits, and refunds) is amended by adding at the end the following new section: ``SEC. 6430. ENERGY TAX REBATE. ``(a) General Rule.--Except as otherwise provided in this section, each individual shall be treated as having made a payment against the tax imposed by chapter 1 for the taxable year beginning in 2005 in an amount equal to the lesser of-- ``(1) the amount of the taxpayer's liability for tax for such taxpayer's preceding taxable year, or ``(2) $500. ``(b) Liability for Tax.--For purposes of this section, the liability for tax for any taxable year shall be the excess (if any) of-- ``(1) the sum of-- ``(A) the taxpayer's regular tax liability (within the meaning of section 26(b)) for the taxable year, ``(B) the tax imposed by section 55(a) with respect to such taxpayer for the taxable year, and ``(C) the taxpayer's social security taxes (within the meaning of section 24(d)(2)) for the taxable year, over ``(2) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits) for the taxable year. ``(c) Taxable Income Limitation.-- ``(1) In general.--If the taxable income of the taxpayer for the preceding taxable year exceeds the maximum taxable income in the table under subsection (a), (b), (c), or (d) of section 1, whichever is applicable, to which the 25 percent rate applies, the dollar amount otherwise determined under subsection (a) for such taxpayer shall be reduced (but not below zero) by the amount of the excess. ``(2) Change in return status.--In the case of married individuals filing a joint return for the taxable year who did not file such a joint return for the preceding taxable year, paragraph (1) shall be applied by reference to the taxable income of both such individuals for the preceding taxable year. ``(d) Date Payment Deemed Made.-- ``(1) In general.--The payment provided by this section shall be deemed made on the date of the enactment of the Energy Tax Rebate Act of 2005. ``(2) Remittance of payment.--The Secretary shall remit to each taxpayer the payment described in paragraph (1) not later than the date which is 30 days after the date specified in paragraph (1). ``(e) Certain Persons Not Eligible.--This section shall not apply to-- ``(1) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins, ``(2) any estate or trust, or ``(3) any nonresident alien individual.''. (b) Conforming Amendment.--Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period ``, or enacted by the Energy Tax Rebate Act of 2005''. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6430. Energy tax rebate.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. TITLE II--LOW-INCOME HOME ENERGY ASSISTANCE SEC. 201. SENSE OF THE SENATE REGARDING FULL FUNDING FOR THE LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM. It is the sense of the Senate that Congress should appropriate $5,100,000,000 for fiscal year 2006 and each subsequent fiscal year for the Low-Income Home Energy Assistance Program, under section 2602(b) of the Low-Income Home Energy Assistance Act of 1981. TITLE III--CONSUMER PROTECTIONS SEC. 301. UNFAIR OR DECEPTIVE ACTS OR PRACTICE IN COMMERCE RELATED TO PRICING OF PETROLEUM PRODUCTS. (a) Sales to Consumers at Unconscionable Price.-- (1) In general.--It is unlawful for any person to sell crude oil, gasoline, or petroleum distillates at a price that-- (A) is unconscionably excessive; or (B) indicates the seller is taking unfair advantage of circumstances to increase prices unreasonably. (2) Factors considered.--In determining whether a violation of paragraph (1) has occurred, there shall be taken into account, among other factors, whether-- (A) the amount charge represents a gross disparity between the price fo the crude oil, gasoline, or petroleum distillate sold and the price at which it was offered for sale in the usual course of the seller's business immediately prior to the energy emergency; or (B) the amount charged grossly exceeds the price at which the same or similar crude oil, gasoline, or petroleum distillate was readily obtainable by other purchasers in the area to which the declaration applies. (3) Mitigating factors.--In determining whether a violation of paragraph (1) has occurred, there also shall be taken into account, among other factors, the price that would reasonably equate supply and demand in a competitive and freely functioning market and whether the price at which the crude oil, gasoline, or petroleum distillate was sold reasonably reflects additional costs, not within the control fo the seller, that were paid or incurred by the seller. (b) Prohibition Against Geographic Price-Setting and Territorial Restrictions.-- (1) In general.--Except as provided in paragraph (2), it is unlawful for any person to-- (A) set different prices for gasoline or petroleum distillates for different geographic locations; or (B) implement a territorial restriction with respect to gasoline or petroleum distillates. (2) Exceptions.--A person may set different prices for gasoline or petroleum distillates for different geographic locations or implement territorial restrictions with respect to gasoline or petroleum distillates only if the price differences or restrictions are sufficiently justified by-- (A) differences in the cost of retail space where the gasoline or petroleum distillate is sold; (B) differences in the cost of transportation of gasoline or petroleum distillates from the refinery to the retail location; (C) differences in the cost of storage of gasoline or petroleum distillates at the retail location; or (D) differences in the formulation of the gasoline or petroleum distillates sold. (c) False Pricing Information.--It is unlawful for any person to report information related to the wholesale price of crude oil, gasoline, or petroleum distillates to the Federal Trade Commission if-- (1) that person knew, or reasonably should have known, the information to be false or misleading; (2) the information was required by law to be reported; and (3) the person intended the false or misleading data to affect data compiled by that department or agency for statistical or analytical purpose with respect to the market for crude oil, gasoline, or petroleum distillates. SEC. 302. ENFORCEMENT UNDER FEDERAL TRADE COMMISSION ACT. (a) Enforcement by Commission.--This title shall be enforced by the Federal Trade Commission. In enforcing section 301(a) of this title, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of crude oil, gasoline, and petroleum distillates in excess of $500,000,000 per year but shall not exclude enforcement actions against companies with total United States wholesale sales of $500,000,000 or less per year. (b) Violation Is Unfair or Deceptive Act or Practice.--The violation of any provision of this title shall be treated as an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). SEC. 303. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 301(a), or to impose the civil penalties authorized by section 304 for violations of section 301(a), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened by such violation. (b) Notice.--The State shall serve written notice to the Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority to Intervene.--Upon receiving the notice required by subsection (b), the Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which-- (A) the defendant operates; (B) the defendant was authorized to do business; or (C) where the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State Action While Federal Action Is Pending.--If the Commission has instituted a civil action or an administrative action for violation of this title, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complain of the Commission or the other agency for any violation of this title alleged in the complaint. (g) Enforcement of State Law.--Nothing contained in this section shall prohibit an authorized State official from proceeding in state court to enforce a civil or criminal statute of such State. SEC. 304. PENALTIES. (a) Civil Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act-- (A) any person who violates section 301(c) of this title is punishable by a civil penalty of not more than $1,000,000; and (B) any person who violates section 301(a) or 301(b) of this title is punishable by a civil penalty of not more than $3,000,000. (2) Method of assessment.--The penalties provided by paragraph (1) shall be assessed in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the Commission shall take into consideration the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. (b) Criminal Penalty.--Violation of section 301(a) of this title is punishable by a fine of not more than $1,000,000, imprisonment for not more than 5 years, or both. SEC. 305. EFFECT ON OTHER LAWS. (a) Other Authority of Commission.--Nothing in this title shall be construed to limit or affect in any way the Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--Nothing in this title preempts any State law. SEC. 306. MARKET TRANSPARENCY FOR CRUDE OIL, GASOLINE, AND PETROLEUM DISTILLATES. (a) In General.--The Federal Trade Commission shall facilitate price transparency in markets for the sale of crude oil and essential petroleum products at wholesale, having due regard for the public interest, the integrity of those markets, fair competition, and the protection of consumers. (b) Marketplace Transparency.-- (1) Dissemination of information.--In carrying out this section, the Commission shall provide by rule for the dissemination, on a timely basis, of information about the availability and prices of wholesale crude oil, gasoline, and petroleum distillates to the Commission, States, wholesale buyers and sellers, and the public. (2) Protection of public from anticompetitive activity.--In determining the information to be made available under this section and time to make the information available, the Commission shall seek to ensure that consumers and competitive markets are protected from the adverse effects of potential collusion or other anticompetitive behaviors that can be facilitated by untimely public disclosure of transaction- specific information. (3) Protection of market mechanisms.--The Commission shall withhold from public disclosure under this section any information the Commission determines would, if disclosed, be detrimental to the operation of an effective market or jeopardize security. (c) Information Sources.-- (1) In general.--In carrying out subsection (b), the Commission may-- (A) obtain information from any market participant; and (B) rely on entities other than the Commission to receive and make public the information, subject to the disclosure rules in subsection (b)(3). (2) Published data.--In carrying out this section, the Commission shall-- (A) consider the degree of price transparency provided by existing price publishers and providers of trade processing services; and (B) rely on such publishers and services to the maximum extent practicable. (3) Electronic information systems.-- (A) In general.--The Commission may establish an electronic information system if the Commission determines that existing price publications are not adequately providing price discovery or market transparency. (B) Electronic information filing requirements.-- Nothing in this section affects any electronic information filing requirements in effect under this title as of the date of enactment of this Act. (4) De minimus exception.--The Commission may not require entities who have a de minimus market presence to comply with the reporting requirements of this section. (d) Cooperation With Other Federal Agencies.-- (1) Memorandum of understanding.--Not later 180 days after the date of enactment of this Act, the Commission shall conclude a memorandum of understanding with the Commodity Futures Trading Commission and other appropriate agencies (if applicable) relating to information sharing, which shall include provisions-- (A) ensuring that information requests to markets within the respective jurisdiction of each agency are properly coordinated to minimize duplicative information requests; and (B) regarding the treatment of proprietary trading information. (2) CFTC jurisdiction.--Nothing in this section limits or affects the exclusive jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. 1 et seq.). (e) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to establish such rules as the Commission determines to be necessary and appropriate to carry out this section.", "summary": "Energy Tax Rebate Act of 2005 - Amends the Internal Revenue Code to provide a formula for an energy tax rebate to eligible individuals for the taxable year beginning in 2005. Expresses the sense of the Senate that Congress should appropriate $5.1 billion for FY2006 and each subsequent fiscal year for the Low-Income Home Energy Assistance Program (LIHEAP) under the Low-Income Home Energy Assistance Act of 1981. Declares it is unlawful for any person to sell crude oil, gasoline, or petroleum distillates at a price that: (1) is unconscionably excessive; or (2) indicates the seller is taking unfair advantage of circumstances to increase prices unreasonably. Prohibits geographic price-setting and territorial restrictions. Empowers the Federal Trade Commission (FTC) and the State Attorneys General to enforce this Act. Sets forth civil and criminal penalties for violations of this Act. Directs the FTC to: (1) facilitate price transparency in markets for the sale of crude oil and essential petroleum products at wholesale; (2) seek to ensure that consumers and competitive markets are protected from the adverse effects of potential collusion or other anticompetitive behaviors that can be facilitated by untimely public disclosure of transaction-specific information; and (3) conclude a memorandum of understanding with the Commodity Futures Trading Commission and other appropriate agencies relating to information sharing."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Earmark Transparency Act of 2010''. SEC. 2. UNIFIED AND SEARCHABLE DATABASE FOR CONGRESSIONALLY DIRECTED SPENDING ITEMS. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``unified and searchable database for congressionally directed spending items ``Sec. 316. (a) Establishment of Database.--Within six months after the date of enactment of this section, the Clerk of the House of Representatives and the Secretary of the Senate shall jointly establish a searchable website, available to the public at no cost, listing all requests by Members of Congress for congressionally directed spending items. ``(b) Content.--The website established under subsection (a) shall be comprised of a database including the following information for each congressionally directed spending item requested by a Member of Congress: ``(1) The fiscal year in which the item would be funded. ``(2) The number of the bill or joint resolution for which the request is made, if available. ``(3) The amount of the initial request made by the Member of Congress. ``(4) The amount approved by the committee of jurisdiction. ``(5) The amount carried in the bill or joint resolution (or accompanying report) as passed by the House, as passed by the Senate, and as transmitted to the President, as applicable. ``(6) The name of the department or agency, and the account or program, through which the item will be funded. ``(7) The name and the State or district of the Member of Congress who made the request. ``(8) The name and address of the intended recipient. ``(9) The type of organization (public, private nonprofit, or private for profit entity) of the intended recipient. ``(10) The project name, description, and estimated completion date. ``(11) A justification of the benefit to taxpayers. ``(12) Whether the request is for a continuing project and if so, when funds were first appropriated for such project. ``(13) A description, if applicable, of all non-Federal sources of funding. ``(14) Its current status in the legislative process, including whether it was carried in any bill or joint resolution (or accompanying report) passed by either House, added in a committee of conference between the Houses (or joint explanatory statement of managers) or in an amendment between the Houses, or included in a bill or joint resolution enacted into law, including any changes in the final dollar amount. ``(c) Accessibility of Data.--The website established under subsection (a) shall allow the public to-- ``(1) search, sort, and download all information in the database in a machine-readable format; ``(2) ascertain through a single search, by individual Member of Congress, the total number and dollar value of congressionally directed spending items requested by that Member and the total number and dollar value of such items contained in bills or joint resolutions as passed by either House or enacted into law by fiscal year; ``(3) search and aggregate data based on any category set forth in subsection (b); and ``(4) access the website from the home page of the website of the Clerk of the House of Representatives and of the Secretary of the Senate. ``(d) Timeliness of Data.--(1) Within 5 calendar days of receipt of a request for a congressionally directed spending item from a Member of Congress, each committee of the House of Representatives and of the Senate shall provide to the Clerk of the House of Representatives or the Secretary of the Senate, as applicable, the initial information regarding that request that is required under this section to be placed on the website established under subsection (a). That committee shall provide up-to-date information to the Clerk or Secretary, as applicable. ``(2) The Clerk of the House of Representatives and the Secretary of the Senate shall post on the website established under subsection (a) the information received under paragraph (1) within 2 calendar days (excluding Saturdays, Sundays, or legal holidays except when the House or Senate is in session on such a day). ``(e) Point of Order.--(1) It shall not be in order to consider any bill or joint resolution, or amendment thereto or conference report thereon unless it meets the requirements of this section. ``(2) Subsections (c)(1) and (d)(2) of section 904 of the Congressional Budget Act of 1974 are each amended by inserting `316, ' after `313, '. ``(f) Definitions.--As used in this section-- ``(1) the term `congressionally directed spending item' means a provision or report language included primarily at the request of a Member of Congress providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or congressional district, other than through a statutory or administrative formula-driven or competitive award process; and ``(2) the term `Member of Congress' means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Unified and searchable database for congressionally directed spending items.''.", "summary": "Earmark Transparency Act of 2010 - Amends the Congressional Budget Act of 1974 to require the Clerk of the House of Representatives and the Secretary of the Senate to establish jointly a free public searchable website, listing all requests by Members of Congress for congressionally directed spending items (congressional earmarks). Requires each congressional committee, within five calendar days of receipt of a request for a congressional earmark from a Member of Congress, to provide to the Clerk and the Secretary, as applicable, the initial required information regarding that request that is required to be placed on the website. Makes it out of order to consider any legislation unless it meets the requirements of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Disclosure Act of 1997''. SEC. 2. DEFINITIONS. As used in this Act: (1) Insurer.--The term ``insurer'' means any person, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, or other legal entity engaged in the business of insurance, including agents, brokers, adjusters, and third party administrators. The term also includes health benefit plans, health carriers, and life, disability, and property and casualty insurers. (2) Health benefit plan.--The term ``health benefit plan'' means any public or private entity or program that provides for payments for health care, including-- (A) a group health plan (as defined in section 2791(a)(1) of the Public Health Service Act (42 U.S.C. 300gg-91(a)(1)), section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)), or section 5000(b)(1) of the Internal Revenue Code of 1986)); (B) a multiple employer welfare arrangement (as defined in section 3(40) of the Employee Retirement Income Security Act (29 U.S.C. 1002(40))) that provides benefits consisting of medical care (as defined in section 733(a)(2) of such Act (29 U.S.C. 1191b(a)(2))), including items and services paid for as medical care; (C) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract; (D) workers' compensation or similar insurance to the extent that it relates to workers' compensation medical benefits (as defined in regulations of the Secretary); (E) automobile medical insurance to the extent that it relates to medical benefits (as defined in regulations of the Secretary); and (F) any other insurance providing for enrollees medical benefits (as defined in regulations of the Secretary) in the event of sickness, accident, disability, death, or unemployment. (3) Health carrier.--The term ``health carrier'' means a person that contracts or offers to contract on a risk-assuming basis to provide, deliver, arrange for, pay for, or reimburse any of the cost of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits, or health services. (4) Policy.--The term ``policy'' means a contract of insurance, certificate, indemnity, suretyship, or annuity issued, proposed for issuance, or intended for issuance by an insurer, including endorsements or riders to an insurance policy or contract. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. ACCESS BY EXAMINED INDIVIDUAL TO RESULTS OF MEDICAL EXAMINATIONS. An insurer shall take such actions as are necessary to ensure that, in any case in which-- (1) a medical examination of an individual is required for initial or continued enrollment under a policy issued by the insurer, and (2) such medical examination is conducted by a person who is in the employ of the insurer or whose services are procured otherwise by the insurer, such individual (or the individual's legal guardian) is provided all medical information obtained from such examination at the same time that such information is made available to the insurer and is encouraged to make such information available to such individual's own physician. SEC. 4. ENFORCEMENT. (a) Applicability of Certain Public Health Service Act Provisions.-- (1) In general.--For purposes of sections 2722 and 2723 of the Public Health Service Act (42 U.S.C. 300gg-22, 300gg-23), the provisions of section 3 shall be deemed provisions of part A of title XXVII of such Act. For purposes of sections 2761 and 2762 of such Act (42 U.S.C. 300gg-45, 300gg-46), the provisions of section 3 shall be deemed provisions of part B of such title XXVII. (2) Rules of construction.--In applying such sections 2722, 2723, 2761 and 2762, and section 2791(d) of such Act (42 U.S.C. 300gg-91(d)) pursuant to paragraph (1)-- (A) any reference to a ``health insurance issuer'' shall be deemed a reference to an insurer (as defined in section 2(1))); (B) any reference to ``health insurance coverage'' (including any such coverage offered in connection with a group health plan) shall be deemed a reference to a policy (as defined in section 2(4)); (C) any reference to a ``group health plan'' shall be deemed a reference to a group insurance plan (as defined in section 111(b)(1) of the Employee Retirement Income Security Act of 1974, and subject to the same rules as apply with respect to group health plans under section 2721(a) of the Public Health Service Act (42 U.S.C. 300gg-21(a))); and (D) any reference to part A or part B of title XXVII of such Act shall be deemed a reference to sections 2 through 6 of this Act. (b) Private Cause of Action.-- (1) In general.--An individual who believes that he or she has been adversely affected by an act or practice of an insurer in violation of section 3 may maintain an action against the insurer in a Federal or State court of original jurisdiction. Upon proof of such conduct by a preponderance of the evidence, the court may award appropriate relief, including temporary, preliminary, and permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for the aggrieved individual's attorneys and expert witnesses. With respect to compensatory damages, the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $10,000 for each violation. It shall be the duty of the Federal courts to advance on the docket and to expedite to the greatest possible extent the disposition of any action for temporary or preliminary injunctive relief considered under this paragraph. (2) Additional provisions relating to jurisdiction, venue, attorney's fees, etc.-- (A) In general.--Subject to subparagraph (B), subsections (d), (e), (f), (g), (h), and (j) of section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(d), (e), (f), (g), (h), and (j)) shall apply with respect to a cause of action under paragraph (1) in the same manner and to the same extent as such subsections apply with respect to a cause of action under section 502(a)(1)(B) of such Act (29 U.S.C. 1132(a)(1)(B)). (B) Rules of construction.--In applying such subsections pursuant to subparagraph (A)-- (i) any reference to a ``participant'' or ``beneficiary'' shall be deemed a reference to the aggrieved individual referred to in paragraph (1); (ii) any reference to an ``employee benefit plan'' shall be deemed a reference to an insurer (as defined in section (2)(A)); (iii) any reference to the Secretary of Labor or the Secretary of the Treasury shall be deemed a reference to the Secretary of Health and Human Services; and (iv) any reference to title I of such Act shall be deemed a reference to sections 2 through 6 of this Act. SEC. 5. EFFECT ON STATE LAW. (a) In General.--Section 3 supersedes any provision of State law which is inconsistent with any provision of such section, in terms of providing less protection to individuals than is provided by such section, but only to the extent of such inconsistency. Nothing in section 3 shall be construed to-- (1) alter or relieve any insurer from the obligation to comply with any State law with respect to insurers, policies, and health benefit plans, except to the extent that such law is inconsistent with any provision of section 3, or (2) preclude a State from enacting any law or regulation that affords a greater level or broader range of protections to individuals under policies or health benefit plans. (b) Definitions.--For purposes of this section, the terms ``State'' and ``State law'' have the meanings provided such terms under section 514(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(c)). SEC. 6. REGULATIONS. The Secretary (in consultation with the Secretary of Labor) shall prescribe regulations to carry out the provisions of sections 2 through 5. SEC. 7. ERISA REQUIREMENTS FOR DISCLOSURE BY GROUP INSURANCE PLANS TO PARTICIPANTS AND BENEFICIARIES OF THEIR MEDICAL CONDITION LEARNED IN THE COURSE OF MEDICAL EXAMINATIONS REQUIRED FOR COVERAGE UNDER SUCH PLANS. (a) In General.--Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended-- (1) by redesignating section 111 (29 U.S.C. 1031) as section 112; and (2) by inserting after section 110 (29 U.S.C. 1030) the following new section: ``disclosure to participants and beneficiaries of results of medical examinations conducted by group insurance plans ``Sec. 111. (a) In General.--A group insurance plan, and any insurer offering a policy in connection with such plan, shall take such actions as are necessary to ensure that, in any case in which-- ``(1) a medical examination of a participant or beneficiary is required for initial or continued eligibility for benefits, and ``(2) such medical examination is conducted by a person who is in the employ of the plan or the insurer or whose services are procured otherwise by the plan or the insurer, such participant or beneficiary (or his or her legal guardian) is provided all medical information obtained from such examination at the same time that such information is made available to the plan or insurer and is encouraged to make such information available to his or her own physician. ``(b) Definitions.--For purposes of this section-- ``(1) Group insurance plan.--The term `group insurance plan' means an employee welfare benefit plan established and maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death, or unemployment. ``(2) Policy.--The term ``policy'' means a contract of insurance, certificate, indemnity, suretyship, or annuity, including endorsements or riders to an insurance policy or contract. ``(c) Effect on State Law.--This section supersedes any provision of State law which is inconsistent with any provision of this section, in terms of providing less protection to participants and beneficiaries than is provided by this section, but only to the extent of such inconsistency. Nothing in this section shall be construed to-- ``(1) alter or relieve any plan administrator from the obligation to comply with the laws of any State with respect to group insurance plans, except to the extent that such laws are inconsistent with any provision of this section, or ``(2) preclude a State from enacting any law or regulation that affords a greater level or broader range of protections to participants and beneficiaries under group insurance plans. ``(d) Expedited Consideration.--It shall be the duty of the Federal courts to advance on the docket and to expedite to the greatest possible extent the disposition of any action under section 502 for temporary or preliminary injunctive relief from violations of this section. ``(e) Regulations.--The Secretary (in consultation with the Secretary of Health and Human Services) shall prescribe regulations to carry out the provisions of this section.''. (b) Penalties at $100 a Day for Failure to Disclose.--Section 502(c)(1)(A) of such Act (29 U.S.C. 1132(c)(1)(A)) is amended by striking ``or section 101(e)(1)'' and inserting ``, section 101(e)(1), or section 111(a)''. (c) Conforming Amendment.--The table of contents in section 1 is amended by striking the item relating to section 111 and inserting the following new items: ``Sec. 111. Disclosure to participants and beneficiaries of results of medical examinations conducted by group insurance plans. ``Sec. 112. Repeal and effective date.''. SEC. 8. EFFECTIVE DATE. Sections 2, 3, 4, 5, and 6 shall apply with respect to any action taken on or after the date of the enactment of this Act. The amendments made by section 7 shall apply with respect to plan years beginning on or after such date.", "summary": "Insurance Disclosure Act of 1997 - Requires insurers, if a medical exam (procured by the insurer) is required for initial or continued enrollment, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Deems the above requirements to be provisions of the Public Health Service Act for purposes of provisions relating to enforcement, preemption, State flexibility, and construction. Provides for a private cause of action, including applying certain civil enforcement provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Supersedes any State law providing less protection to individuals. (Sec. 7) Amends ERISA to require a group insurance plan, and any insurer offering a policy in connection with such plan, if a medical exam (procured by the insurer) is required for initial or continued eligibility for benefits, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Supersedes any State law providing less protection to individuals. Makes an administrator who fails or refuses to comply liable to the individual for up to $100 per day. Allows other relief."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Deficit Reduction Check-Off Act''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO REDUCE THE DEFICIT. (a) Designation.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION ON INCOME TAX RETURNS FOR REDUCTION OF DEFICIT ``Sec. 6097. Designation for reduction of the deficit. ``SEC. 6097. DESIGNATION FOR REDUCTION OF THE DEFICIT. ``(a) In General.--Every individual, regardless of income tax liability for the taxable year, may designate that an amount (not less than $1 and not more than $10) shall be paid over for the purpose of reducing the deficit of the United States. In the case of a joint return of husband and wife, each spouse may so designate an amount. ``(b) Income Tax Liability.--For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such taxable year (as shown on his return), reduced by the sum of the credits (as shown in his return) allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof). ``(c) Manner and Time of Designation.--Rules similar to the rules of section 6096(c) shall apply for purposes of this section, except that the designation shall be accompanied by the following statement: `The Federal budget will be reduced by an amount equal to ten times the amount you elect in the box.'. ``(d) Amount Increase.--In the case of each taxable year beginning after 2011, the maximum dollar amount that may be designated under subsection (a) shall be increased by $1. In the case of a joint return of husband and wife, such amount shall increase by $2 each taxable year.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX--Designation of Income Tax Payments To Reduce the Deficit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 3. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE THE DEFICIT. (a) Sequestration To Reduce Deficit.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after section 253 the following new section: ``SEC. 253A. SEQUESTRATION TO REDUCE THE DEFICIT. ``(a) Sequestration.-- ``(1) Timing.--Within 15 calendar days after the date Congress adjourns to end a session, and on the same day as sequestration (if any) under sections 251, 252, and 253, but after any sequestration required by those sections, there shall be a sequestration to eliminate the deficit equivalent to the amount calculated under paragraph (2). ``(2) Calculation.-- ``(A) OMB calculation.--Before October 1st of each calendar year, OMB shall calculate the total amount designated under section 6097 of the Internal Revenue Code of 1986. ``(B) Federal spending reduction.--In accordance with the deadline under paragraph (1), OMB shall apply an across the board reduction in Federal spending in an amount equal to the product of-- ``(i) the amount calculated under subparagraph (A); and ``(ii) 10. ``(3) Carryover.--Any amounts not calculated by OMB by the October 1st deadline, as set forth in subparagraph (2)(A), shall be applied to the following fiscal year Federal spending reduction pursuant to this section. ``(b) Applicability.-- ``(1) In general.--Except as provided by paragraph (2), each account of the United States shall be reduced by a dollar amount calculated by multiplying the level of budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (a). All obligational authority so reduced shall be done in a manner that makes such reductions permanent. ``(2) Exempt accounts.--The following programs shall be exempt from reduction under any order issued under this section: ``(A) Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act. ``(B) Benefits payable under section 3(a), 3(f)(3), 4(a), or 4(f) of the Railroad Retirement Act of 1974. ``(C) Benefits payable under title 18 of the Social Security Act. ``(D) The rate of pay of any judge or justice appointed pursuant to article III of the Constitution of the United States. ``(E) Veteran's benefits listed under sections 905(b) and 905(f) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(b), 905(f)). ``(c) Effective Date.--This section shall apply to calender years beginning after December 31, 2010.''. (b) Reports.--Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (a), by adding at the end of the table the following new item: ``October 1......................... OMB report estimating amount of income tax designated pursuant to section 6097 of the Internal Revenue Code of 1986.''. (2) in subsection (c)(1), by inserting ``, and sequestration to reduce the deficit,'' after ``sequestration''; (3) in subsection (c), by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Reports on sequestration to reduce the deficit.--The preview reports shall set forth for the budget year estimates for each of the following: ``(A) The aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 for the last calendar year ending before the budget year. ``(B) The amount of reductions required under section 253A and the deficit remaining after those reductions have been made. ``(C) The sequestration percentage necessary to achieve the required reduction in accounts under section 253A(a).''; and (4) in subsection (f), by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Reports on sequestration to reduce the deficit.--The final reports shall contain all of the information contained in the deficit taxation designation report required on October 1.''. (c) Effective Date.--Notwithstanding section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the expiration date set forth in that section shall not apply to the amendments made by this Act. On the date specified in section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this section, the President shall issue an order fully implementing the sequestration required by section 253A of such Act, as amended by this section. This order shall be effective on issuance.", "summary": "Deficit Reduction Check-Off Act - Amends the Internal Revenue Code to allow individual taxpayers to designate on their tax returns an amount (initially between $1 and $10, with annual increases of $1 for each taxable year after 2011) for reducing the federal deficit. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require a sequestration to reduce the federal deficit within 15 days after Congress adjourns to end a session by directing the Office of Management and Budget (OMB) to apply an across-the-board reduction in federal spending equal to 10 times the amount raised by the voluntary tax checkoff under this Act. Exempts from such spending reduction social security and railroad retirement benefits, Medicare benefits, judicial salaries, and veterans benefits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Children's Island Act of 1995''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``plat'' means the plat filed in the Office of the Surveyor of the District of Columbia under S.O. 92-252. (2) The term ``District'' means the District of Columbia. (3) The term ``Islands'' means Heritage Island and all of that portion of Kingman Island located south of Benning Road and within the District of Columbia and the Anacostia River, being a portion of United States Reservation 343, Section F, as specified and legally described on the Survey. (4) The term ``National Children's Island'' means a cultural, educational, and family-oriented recreation park, together with a children's playground, to be developed and operated in accordance with the Children's Island Development Plan Act of 1993, D.C. Act 10-110. (5) The term ``playground'' means the children's playground that is part of National Children's Island and includes all lands on the Islands located south of East Capitol Street. (6) The term ``recreation park'' means the cultural, educational, and family-oriented recreation park that is part of National Children's Island. (7) The term ``Secretary'' means the Secretary of the Interior. (8) The term ``Survey'' means the ALTA/ACSM Land Title Survey prepared by Dewberry & Davis and dated February 12, 1994. SEC. 3. PROPERTY TRANSFER. (a) Transfer of Title.--In order to facilitate the construction, development, and operation of National Children's Island, the Secretary shall, not later than six months after the date of enactment of this Act and subject to this Act, transfer by quitclaim deed, without consideration, to the District all right, title, and interest of the United States in and to the Islands. Unbudgeted actual costs incurred by the Secretary for such transfer shall be borne by the District. The District may seek reimbursement from any third party for such costs. (b) Grant of Easements.--(1) The Secretary shall, not later than six months after the date of enactment of this Act, grant, without consideration, to the District, permanent easements across the waterways and bed of the Anacostia River as described in the Survey as Leased Riverbed Areas A, B, C, and D, and across the shoreline of the Anacostia River as depicted on the plat map recorded in the Office of the Surveyor of the District as S.O. 92-252. (2) Easements granted under paragraph (1) shall run with the land and shall be for the purposes of-- (A) constructing, reconstructing, maintaining, operating, and otherwise using only such bridges, roads, and other improvements as are necessary or desirable for vehicular and pedestrian egress and ingress to and from the Islands and which satisfy the District Building Code and applicable safety requirements; (B) installing, reinstalling, maintaining, and operating utility transmission corridors, including (but not limited to) all necessary electricity, water, sewer, gas, necessary or desirable for the construction, reconstruction, maintenance, and operation of the Islands and any and all improvements located thereon from time to time; and (C) constructing, reconstructing, maintaining, operating, and otherwise providing necessary informational kiosk, ticketing booth, and security for the Islands. (3) Easements granted under paragraph (1) shall be assignable by the District to any lessee, sublessee, or operator, or any combination thereof, of the Islands. (c) Development.--The development of National Children's Island shall proceed as specified in paragraph 3 of the legend on the plat or as otherwise authorized by the District by agreement, lease, resolution, appropriate executive action, or otherwise. (d) Reversion.--(1) The transfer under subsection (a) and the grant of easements under subsection (b) shall be subject to the condition that the Islands only be used for the purposes of National Children's Island. Title in the property transferred under subsection (a) and the easements granted under subsection (b), shall revert to the United States 60 days after the date on which the Secretary provides written notice of the reversion to the District based on the Secretary's determination, which shall be made in accordance with chapter 5 of title 5, United States Code (relating to administrative procedures), that one of the following has occurred: (A) Failure to commence improvements in the recreational park within the earlier of-- (i) three years after building permits are obtained for construction of such improvements; or (ii) four years after title has been transferred, as provided in subsection (a). (B) Failure to commence operation of the recreation park within the earlier of-- (i) five years after building permits are obtained for construction of such improvements; or (ii) seven years after title has been transferred, as provided in subsection (a). (C) After completion of construction and commencement of operation, the abandonment or non-use of the recreation park for a period of two years. (D) After completion of construction and commencement of operation, conversion of the Islands to a use other than that specified in this Act or conversion to a parking use not in accordance with section 4(b). (2) The periods referred to in paragraph (1) shall be extended during the pendency of any lawsuit which seeks to enjoin the development or operation of National Children's Island or the administrative process leading to such development or operation. (3) Following any reconveyance or reversion to the National Park Service, any and all claims and judgments arising during the period the District holds title to the Islands, the playground, and premises shall remain the responsibility of the District, and such reconveyance or reversion shall extinguish any and all leases, rights or privileges to the Islands and the playground granted by the District. (4) The District shall require any nongovernmental entity authorized to construct, develop, and operate National Children's Island to establish an escrow fund, post a surety bond, provide a letter of credit or otherwise provide such security for the benefit of the National Park Service, substantially equivalent to that specified in paragraph 11 of the legend on the plat, to serve as the sole source of funding for restoration of the recreation park to a condition suitable for National Park Service purposes (namely, the removal of all buildings and grading, seeding and landscaping of the recreation park) upon reversion of the property. If, on the date which is two years from the date of reversion of the property, the National Park Service has not commenced restoration or is not diligently proceeding with such restoration, any amount in the escrow fund shall be distributed to such nongovernmental entity. SEC. 4. PROVISIONS RELATING TO LANDS TRANSFERRED AND EASEMENTS GRANTED. (a) Playground.--Operation of the recreation park may only commence simultaneously with or subsequent to improvement and opening of a children's playground at National Children's Island that is available to the public free of charge. The playground shall only include those improvements traditionally or ordinarily included in a publicly maintained children's playground. Operation of the recreation park is at all times dependent on the continued maintenance of the children's playground. (b) Public Parking.--Public parking on the Islands is prohibited, except for handicapped parking, emergency and government vehicles, and parking related to constructing, and servicing National Children's Island. (c) Required Approvals.--Before construction commences, the final design plans for the recreation park and playground, and all related structures, including bridges and roads, are subject to the review and approval of the National Capital Planning Commission and of the District of Columbia in accordance with the Children's Island Development Plan Act of 1993 (D.C. Act 10-110). The District of Columbia shall carry out its review of this project in full compliance with all applicable provisions of the National Environmental Policy Act of 1969. SEC. 5. EFFECT OF PROPERTY TRANSFER. (a) Effect of Property Transfer.--Upon the transfer of the Islands to the District pursuant to this Act: (1) The Transfer of Jurisdiction concerning the Islands from the National Park Service to the District dated February 1993, as set out on the plat map recorded in the Office of the Surveyor of the District as S.O. 92-252 and as approved by the Council of the District by Resolution 10-91, shall become null and void and of no further force and effect, except for the references in this Act to paragraphs 3 and 11 of the legend on the plat. (2) The Islands shall no longer be considered to be part of Anacostia Park and shall not be considered to be within the park system of the District; therefore, the provisions of section 2 of the Act entitled ``An Act to vest in the Commissioners of the District of Columbia control of street parking in said District'', approved July 1, 1898 (ch. 543, 30 Stat. 570; D.C. Code 8-104), shall not apply to the Islands, and the District shall have exclusive charge and control over the Islands and easements transferred. (3) The Islands shall cease to be a reservation, park, or public grounds of the United States for the purposes of the Act of August 24, 1912 (ch. 355, 37 Stat. 444; 40 U.S.C. 68; 8-128 D.C. Code). (b) Use of Certain Lands for Parking and Other Purposes.-- Notwithstanding any other provision of law, the District is hereby authorized to grant via appropriate instrument to a nongovernmental individual or entity any and all of its rights to use the lands currently being leased by the United States to the District pursuant to the District of Columbia Stadium Act of 1957 (Public Law 85-300, September 7, 1957, 71 Stat. 619) for parking facilities (and necessary informational kiosk, ticketing booth, and security) as the Mayor of the District in his discretion may determine necessary or appropriate in connection with or in support of National Children's Island. SEC. 6. SAVINGS PROVISIONS. No provision of this Act shall be construed-- (1) as an express or implied endorsement or approval by the Congress of any such construction, development, or operation of National Children's Island; (2) except as provided in section 5, to exempt the recreational park and playground from the laws of the United States or the District, including laws relating to the environment, health, and safety; or (3) to prevent additional conditions on the National Children's Island development or operation to mitigate adverse impacts on adjacent residential neighborhoods and park lands and the Anacostia River. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "National Children's Island Act of 1995 - Requires the Secretary of the Interior: (1) in order to facilitate construction, development, and operation of National Children's Island, to transfer to the District of Columbia Heritage Island and all of that portion of the Kingman Island located south of Benning Road and within the District and the Anacostia River; and (2) to grant to the District permanent easements to such property for use by the District for roads and bridges (which satisfy the District Building Code and applicable safety requirements), utility transmission corridors, and an informational kiosk, a ticketing booth, and security for the Islands. Allows the District to assign the easements to any operator of the Islands. Requires unbudgeted actual costs incurred by the Secretary for the transfer to be borne by the District. Authorizes the District to seek reimbursement from any third party for such costs. Requires the development of National Children's Island (consisting of a recreation park and a children's playground) to proceed as authorized. Subjects the transfer and easements to the condition that the Islands be used only for the purposes of the National Children's Island and provides for reversion to the United States if improvements and operations are not commenced within specified periods, if the recreation area is abandoned or not used for a specified period, or if the Islands are converted to another use. Requires the District to direct any nongovernmental entity authorized to construct, develop, and operate National Children's Island to establish an escrow fund, post a surety bond, provide a letter of credit, or otherwise provide such security for the benefit of the Service to serve as the sole source of funding for restoration of the park to a condition suitable for Service purposes upon reversion of the property. Requires any amount in the escrow fund to be distributed to such entity if, after two years from the date of reversion of the property, the Service has not commenced, or is not diligently proceeding with, such restoration. (Sec. 4) Provides that operation of the park may only commence simultaneously with or subsequent to improvement and opening of a children's playground at the National Children's Island that is available to the public free of charge. Prohibits public parking on the Islands except for handicapped parking, emergency and governmental vehicles, and parking related to constructing and servicing the National Children's Island. Subjects the final design plans for the park and playground to the review and approval of the National Capital Planning Commission and the District. Provides that: (1) the transfer of jurisdiction concerning the Islands from the National Park Service to the District as approved by the Council of the District shall become null and void and of no further force and effect; (2) the Islands shall no longer be considered to be part of Anacostia Park or to be within the District's park system; and (3) the District shall have exclusive charge and control over the Islands and easements. Authorizes the District to grant to a nongovernmental individual or entity a right to use the lands currently being leased by the United States to the District pursuant to the District of Columbia Stadium Act of 1957 for parking facilities (and necessary informational kiosk, ticketing booth, and security) as the Mayor of the District may determine necessary or appropriate in connection with or in support of National Children's Island."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Uphold Our Promise to Veterans Act''. SEC. 2. REPEAL OF ANNUAL ADJUSTMENT OF RETIRED PAY AND RETAINER PAY AMOUNTS FOR RETIRED MEMBERS OF THE ARMED FORCES UNDER AGE 62. Section 403 of the Bipartisan Budget Act of 2013 is hereby repealed. SEC. 3. LIMITATIONS ON FOREIGN ASSISTANCE. (a) Foreign Assistance to the Government of Egypt.-- (1) Restrictions on assistance under section 7008.--In accordance with section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112-74; 125 Stat. 1195), the United States Government, including the Department of State, shall refrain from providing to the Government of Egypt the assistance restricted under such section. (2) Additional restrictions.--In addition to the restrictions referred to in paragraph (1), the following restrictions shall be in effect with respect to United States assistance to the Government of Egypt: (A) Deliveries of defense articles currently slated for transfer to Egyptian Ministry of Defense (MOD) and Ministry of Interior (MOI) shall be suspended until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (B) Provision of defense services to Egyptian MOD and MOI shall be halted immediately until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (C) Processing of draft Letters of Offer and Acceptance (LOAs) for future arms sales to Egyptian MOD and MOI entities shall be halted until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (D) All costs associated with the delays in deliveries and provision of services required under subparagraphs (A) through (C) shall be borne by the Government of Egypt. (b) Other Limitations on Foreign Assistance.-- (1) Prohibition.--No amounts may be obligated or expended to provide any direct United States assistance, loan guarantee, or debt relief to a Government described under paragraph (2). (2) Covered governments.--The Governments referred to in paragraph (1) are as follows: (A) The Government of Libya. (B) The Government of Pakistan. (C) The Government of a host country of a United States diplomatic facility on the list submitted to Congress pursuant to paragraph (3). (3) Determination by secretary.--The Secretary of State shall submit to Congress a list of all United States diplomatic facilities attacked, trespassed upon, breached, or attempted to be attacked, trespassed upon, or breached on or after September 1, 2012, not later than 5 days after the date of enactment of this Act and not later than 5 days after any subsequent attack, trespass, breach, or attempt. (4) Certification.--Beginning 90 days after the date of the enactment of this Act, the President may certify to Congress that-- (A) a Government described under paragraph (2)-- (i) is cooperating or has cooperated fully with investigations into an attack, trespass, breach, or attempted attack, trespass, or breach; (ii) has arrested or facilitated the arrest of, and if requested has permitted extradition of, all identifiable persons in such country associated with organizing, planning, or participating in the attack, trespass, breach, or attempted attack, trespass, or breach; (iii) is facilitating or has facilitated any security improvements at United States diplomatic facilities, as requested by the United States Government; and (iv) is taking or has taken sufficient steps to strengthen and improve reliability of local security in order to prevent any future attack, trespass, or breach; and (B) all identifiable persons associated with organizing, planning, or participating in the attack, trespass, breach, or attempted attack, trespass, or breach-- (i) have been identified by the Federal Bureau of Investigation, the Bureau of Diplomatic Security, or other United States law enforcement entity; and (ii) are in United States custody. (5) Request to suspend prohibition on foreign assistance.-- Upon submitting a certification under paragraph (4) with respect to a Government described under paragraph (2), the President may submit a request to Congress to suspend the prohibition on foreign assistance to the Government. (c) Effective Date.--This section takes effect on the date of the enactment of this Act and applies with respect to funds made available to any Federal department or agency beginning with fiscal year 2015. SEC. 4. AUTHORIZATION TO SELL LAND. (a) Authorization.--For each of fiscal years 2014 through 2024 or when the authority under this section is terminated in accordance with subsection (d), whichever occurs first, subject to valid existing rights, the Secretary of the Interior or the Secretary of Agriculture, as the case may be, shall offer for competitive sale by auction all right, title, and interest, to the extent provided in subsection (b)(2), in and to the following: (1) Eight percent of the Federal land managed by the Bureau of Land Management. (2) Eight percent of the National Forest System land. (b) Terms and Conditions.-- (1) Configuration of land.--The Secretary concerned shall configure the land to be sold to maximize marketability or achieve management objectives, and may prescribe such terms and conditions on the land sales authorized by this Act as the Secretary deems in the public interest. (2) Mineral rights.--For each fiscal year, the Secretary concerned may include in the sale of land under subsection (a) the mineral rights to such land for not more than 50 percent of the total acreage sold under subsection (a) by that Secretary, if the Secretary determines that such inclusion is likely to maximize marketability. (c) Proceeds From the Sale of Land.--All proceeds from the sale of land under this section shall be deposited into the Treasury and applied-- (1) to reduce the annual Federal budget deficit for the fiscal year in which the sums are received, except as provided in paragraph (2); and (2) if there is no annual Federal budget deficit for the fiscal year in which the sums are received, to reduce the outstanding Federal debt. (d) Termination of Authority.--The authority under this section shall terminate when the proceeds deposited into the Treasury under subsection (c) equal $3,500,000 or at the end of fiscal year 2024, whichever occurs first.", "summary": "Uphold Our Promise to Veterans Act - Repeals the provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62. Suspends delivery of defense articles and services to the Government of Egypt until democratic elections and a peaceful transfer of power have taken place. Prohibits assistance to the Governments of Libya and Pakistan and to any country where a U.S. diplomatic facility has been attacked until the President certifies to Congress that such country has cooperated with investigations into such attack and have taken steps to prevent any future attack. Authorizes the sale of 8% of federal land managed by the Bureau of Land Management (BLM) and 8% of National Forest System land.  Requires proceeds from the sale of such land to be used to reduce the annual federal budget deficit or the outstanding national debt. Terminates the authority for the sale of such lands when sales proceeds equal $3.5 million or at the end of FY2024, whichever occurs first."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Winter Readiness Act of 2005''. SEC. 2. TEMPORARY EXPENSING OF OIL AND NATURAL GAS EXPLORATION AND PRODUCTION PROPERTY AND OF COSTS TO REPAIR DAMAGES TO SUCH PROPERTY FROM 2005 HURRICANES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 179D the following new section: ``SEC. 179E. TEMPORARY EXPENSING OF OIL AND NATURAL GAS EXPLORATION AND PRODUCTION PROPERTY AND OF COSTS TO REPAIR DAMAGES TO SUCH PROPERTY FROM 2005 HURRICANES. ``(a) Treatment as Expenses.--At the election of the taxpayer, there shall be allowed as a deduction an amount equal to the cost paid or incurred by the taxpayer during the taxable year-- ``(1) for qualified oil and gas production property, and ``(2) for repairs to property described in subsection (b)(1)(B) on account of hurricane-related damage arising from any Presidentially declared disaster (as defined in section 1033(h)(3)(A)) during 2005. The deduction under paragraph (1) with respect to any property shall be allowed for the taxable year in which such property is placed in service. ``(b) Qualified Oil and Gas Production Property.--For purposes of this section-- ``(1) In general.--The term `qualified oil and gas production property' means any property-- ``(A) the original use of which begins with the taxpayer, and ``(B) which is described in any of the following assets classes under Revenue Procedure 87-56: ``(i) 13.0 (relating to assets used in offshore drilling for oil and gas). ``(ii) 13.1 (relating to drilling of oil and gas wells). ``(iii) 13.2 (relating to exploration for and production of petroleum and natural gas deposits). ``(2) Application of section.--This section shall apply to any property only if-- ``(A)(i) no written binding contract for the construction of such property was in effect on or before [date of introduction], or ``(ii) in the case of self-constructed property, the construction of such property did not commence on or before such date, and ``(B) such property is placed in service before January 1, 2009. ``(3) Special rule for sale-leasebacks.--For purposes of paragraph (1)(A), if property is-- ``(A) originally placed in service after the date of the enactment of this section by a person, and ``(B) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subparagraph (B). ``(c) Basis Reduction.-- ``(1) In general.--For purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). ``(2) Ordinary income recapture.--For purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167. ``(d) Election.-- ``(1) In general.--An election under this section for any taxable year shall be made on the taxpayer's return of the tax imposed by this chapter for the taxable year. ``(2) Election irrevocable.--Any election made under this section may not be revoked except with the consent of the Secretary. ``(e) Election to Allocate Deduction to Cooperative Owner.--A rule similar to the rule of section 179C(g) shall apply for purposes of this section.''. (b) Conforming Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (J), by striking the period at the end of subparagraph (K) and inserting ``, or'', and by inserting after subparagraph (K) the following new subparagraph: ``(L) expenditures for which a deduction is allowed under section 179E.''. (2) Section 263A(c)(3)(B) of such Code is amended by inserting ``179E,'' after ``179B,''. (3) Section 312(k)(3)(B) of such Code is amended by striking ``or 179D'' each place it appears in the heading and text and inserting ``179D, or 179E''. (4) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, or'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 179E(c).''. (5) Section 1245(a) of such Code is amended by inserting ``179E,'' after ``179D,'' both places it appears in paragraphs (2)(C) and (3)(C). (6) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179C the following new item: ``Sec. 179E. Temporary expensing of oil and natural gas exploration and production property and of costs to repair damages to such property from 2005 hurricanes.''. (c) Effective Date.--The amendments made by this section shall apply to costs paid or incurred after the date of the enactment of this Act in taxable years ending after such date. SEC. 3. 10-YEAR CARRYBACK OF NET OPERATING LOSSES FROM 2005 HURRICANE- DAMAGED OIL AND GAS FACILITIES. (a) In General.--Paragraph (1) of section 172(b) of the Internal Revenue Code of 1986 (relating to net operating loss deduction) is amended by adding at the end the following new subparagraph: ``(J) 2005 losses from hurricane-damaged oil and gas facilities.--In the case of a taxpayer which has a 2005 hurricane-damaged oil and gas facility loss (as defined in subsection (j)) for a taxable year, such loss shall be a net operating loss carryback to each of the 10 taxable years preceding the taxable year of such loss.''. (b) 2005 Hurricane-Damaged Oil and Gas Facility Loss.--Section 172 of such Code is amended by redesignating subsections (j) and (k) as subsections (k) and (l), respectively, and by inserting after subsection (i) the following new subsection: ``(j) 2005 Hurricane-Damaged Oil and Gas Facility Loss.--For purposes of this section-- ``(1) In general.--The term `2005 hurricane-damaged oil and gas facility loss' means the lesser of-- ``(A) the amount of the net operating loss for such taxable year, or ``(B) the sum of-- ``(i) the amount of the loss allowed by section 165 for the taxable year for any loss sustained by reason of hurricane-related damage-- ``(I) arising from any Presidentially declared disaster (as defined in section 1033(h)(3)(A)) during 2005, and ``(II) to any property of the taxpayer which is described in section 179E(b)(1)(B), and ``(ii) the deduction allowed by section 179E(a)(2) for the taxable year. ``(2) Coordination with subsection (b)(2).--For purposes of applying subsection (b)(2), a 2005 hurricane-damaged oil and gas facility loss for any taxable year shall be treated in a manner similar to the manner in which a specified liability loss is treated. ``(3) Election.--Any taxpayer entitled to a 10-year carryback under subsection (b)(1)(J) from any loss year may elect to have the carryback period with respect to such loss year determined without regard to subsection (b)(1)(J). Such election shall be made in such manner as may be prescribed by the Secretary and shall be made by the due date (including extensions of time) for filing the taxpayer's return for the taxable year of the net operating loss. Such election, once made for any taxable year, shall be irrevocable for such taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to net operating losses for taxable years ending after the date of the enactment of this Act.", "summary": "Winter Readiness Act of 2005 - Amends the Internal Revenue Code to allow a taxpayer election to expense (i.e., deduct in the current taxable year) all costs for qualified oil and gas production property placed in service before January 1, 2009, and for repairs to such property for hurricane-related damage. Defines \"qualified oil and gas production property\" to include assets used in offshore drilling for oil and gas, and for exploration and production of petroleum and natural gas deposits. Allows a 10-year carryback of net operating losses incurred in 2005 for hurricane-damaged oil and gas facilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Relief Act of 2008''. SEC. 2. 2008 CROP DISASTER ASSISTANCE. Section 9001 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 211) is amended-- (1) in subsection (a)-- (A) by striking ``There are hereby'' and inserting the following: ``(1) In general.--There are hereby''; and (B) by adding at the end the following: ``(2) 2008 crop disaster assistance.-- ``(A) In general.--There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to make emergency financial assistance under this section available to producers on a farm that incurred qualifying quantity or quality losses for the 2008 crop due a natural disaster or any related condition, as determined by the Secretary. ``(B) Sugar and sugarcane disaster assistance.-- ``(i) Florida.--There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to make payments to processors in Florida that are eligible to obtain a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) to compensate first processors and producers for crop and other losses due a natural disaster or any related condition, as determined by the Secretary, in Florida during calendar year 2008, by an agreement on the same terms and conditions, to the maximum extent practicable, as the payments made under section 102 of the Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act of 2005 (Public Law 108-324; 118 Stat. 1235), including that the 2008 base production of each harvesting unit shall be determined using the same base year crop production history that was used pursuant to the agreement under that section. ``(ii) Louisiana.-- ``(I) Compensation for losses.-- There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to make assistance available to first processors of sugarcane that operate in a county affected by a natural disaster, or obtain sugarcane from a county affected by a natural disaster, in Louisiana and that are eligible to obtain a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)), in the form of monetary payments or commodities in the inventory of the Commodity Credit Corporation derived from carrying out that section, to compensate producers and first processors for crop and other losses due to the natural disaster or any related condition, as determined by the Secretary. ``(II) Administration.--Assistance under this clause shall be-- ``(aa) shared by an affected first processor with affected producers that provide commodities to the processor in a manner that reflects contracts entered into between the processor and the producers, except with respect to a portion of the amount of total assistance provided under subclause (I) necessary to compensate affected producers for individual losses experienced by the producers, including losses due to saltwater intrusion, flooding, wind damage, or increased planting, replanting, or harvesting costs, which shall be transferred by the first processor to the affected producers without regard to contractual share arrangements; and ``(bb) made available under such terms and conditions as the Secretary determines are necessary to carry out this clause. ``(III) Form of assistance.--In carrying out this clause, the Secretary shall-- ``(aa) convey to the first processor commodities in the inventory of the Commodity Credit Corporation derived from carrying out section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)); ``(bb) make monetary payments to the first processor; or ``(cc) take any combination of actions described in items (aa) and (bb), using commodities or monetary payments. ``(IV) Loss determination.--In carrying out this clause, the Secretary shall use the same base year to determine crop loss that was elected by a producer to determine crop loss in carrying out the hurricane assistance program under section 207 of the Agricultural Assistance Act of 2003 (Public Law 108-7; 117 Stat. 543). ``(iii) Texas.--There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to assist sugarcane growers in Texas by making a payment in that amount to a farmer-owned cooperative sugarcane processor in that State, for costs of demurrage, storage, and transportation resulting from natural disaster or any related condition during calendar year 2008. ``(C) Relation to supplemental agricultural disaster assistance program.--A producer on a farm that accepts assistance made available under this paragraph for a crop loss is not eligible to receive supplemental agricultural disaster assistance for that crop loss under subtitle B of the Federal Crop Insurance Act (7 U.S.C. 1531) or title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.).''; and (2) in subsection (b), by striking ``this section'' each place it appears and inserting ``subsection (a)(1)''. SEC. 3. AQUACULTURE GRANTS. (a) Definition of Eligible Applicant.--In this section, the term ``eligible applicant'' means a producer of animals described in section 10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1)) during the 2008 calendar year. (b) Aquaculture Grants.--Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use $50,000,000 to provide grants to appropriate State departments of agriculture (or other appropriate State agencies) that agree to provide assistance to eligible applicants through animal feed providers that agree to make the assistance available on a pro rata basis to eligible applicants based on documented feed use by the eligible applicants during the 2008 calendar year to help offset feed costs or economic losses caused by natural disasters. (c) Duty of Secretary.--The Secretary shall ensure that-- (1) funds made available under subsection (b) are apportioned in an equitable manner among the States that receive funds under this section; and (2) assistance is made available based only on documented feed use. (d) Regulations.-- (1) In general.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this section. (2) Procedure.--The promulgation of the regulations and administration of this section shall be made without regard to-- (A) the notice and comment provisions of section 553 of title 5, United States Code; (B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (C) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (3) Congressional review of agency rulemaking.--In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code.", "summary": "Farm Relief Act of 2008 - Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to appropriate funds for: (1) emergency financial assistance to producers on a farm that incurred qualifying natural disaster-caused quantity or quality losses for the 2008 crop; (2) certain processors in Florida for natural disaster-caused crop and other losses in 2008; (3) certain first processors of sugarcane that operate in a county affected by a natural disaster or obtain sugarcane from a county affected by a natural disaster in Louisiana; and (4) certain sugarcane growers in Texas for natural disaster-caused demurrage, storage, and transportation costs in 2008. Provides specified Commodity Credit Corporation funds for grants to state departments of agriculture for assistance to eligible catfish producers to help offset natural disaster-caused feed costs or economic losses in 2008."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``HELP Commission Act''. SEC. 2. PURPOSE. The Congress finds that, despite the long-standing efforts and resources of the United States dedicated to helping needy people around the world, despair remains and in many areas is growing. Therefore, a commission should be established to bring together the best minds associated with development and humanitarian assistance to make a comprehensive review of-- (1) policy decisions, including why certain development projects are funded and others are not; (2) delivery obstacles, including the roles of United States agencies and other governmental and nongovernmental organizations; (3) methodology, including whether the delivery of United States development assistance always represents best practices and whether it can be improved; and (4) results, including measuring improvements in human capacity instead of in purely economic terms. An examination of these issues should present new approaches and ideas to ensure that United States development assistance reaches its intended recipients. SEC. 3. ESTABLISHMENT AND FUNCTIONS OF COMMISSION. (a) Establishment.--There is established the Helping Enhance the Livelihood of People (HELP) Around the Globe Commission (in this Act referred to as the ``Commission''). (b) Functions.--The Commission shall-- (1) identify the past and present objectives of United States development assistance, identify cases in which those objectives have been met, identify the beneficiaries of such assistance, and what percentage of the funds provided actually reached the intended beneficiaries; (2) identify cases in which United States development assistance has been most successful, and analyze why such successes have not been transferable to other countries or areas; (3) study ways to expand educational opportunities and investments in people, and assess infrastructure needs; (4) because of the difficulty in measuring results in lesser developed countries, study whether additional resources should be dedicated in order to bring about tangible results; (5) analyze how the United States could place conditions on governments in countries receiving United States development assistance, in light of and notwithstanding the objectives of the Millennium Challenge Account; (6) analyze ways in which the United States can coordinate its development assistance programs with those of other donor countries and international organizations; (7) analyze ways in which the safety of development assistance workers can be ensured, particularly in the midst of conflicts; (8) compare the effectiveness of increased and open trade with development assistance, and analyze the advantages and disadvantages of such trade and whether such trade could be a more effective alternative to United States development assistance; (9) analyze ways in which the United States can strengthen the capacity of indigenous nongovernmental organizations to be more effective in grassroots development; (10) analyze how political pressures affect the decisionmaking process on providing development assistance; (11) analyze ways in which decisions on providing development assistance can involve more of the people of the recipient countries; (12) analyze ways in which results can be measured if United States development assistance is targeted to the least developed countries; (13) recommend standards that should be set for ``graduating'' recipient countries from United States development assistance; (14) analyze whether United States development assistance should be used as a means to achieve United States foreign policy objectives; (15) analyze how the United States can evaluate the performance of its development assistance programs not only against economic indicators, but in other ways, including how to measure the success of United States development assistance in democratization efforts; and (16) study any other areas that the Commission considers necessary relating to United States development assistance. SEC. 4. MEMBERSHIP. (a) Appointment.--The Commission shall be composed of 21 members as follows: (1) Six members shall be appointed by the President, of whom at least two shall be representatives of nongovernmental organizations. (2) Four members shall be appointed by the majority leader of the Senate, and three members shall be appointed by the minority leader of the Senate. (3) Four members shall be appointed by the Speaker of the House of Representatives, and three members shall be appointed by the minority leader of the House of Representatives. (4) The Administrator of the United States Agency for International Development shall serve as a member of the Commission, ex officio. Members under paragraphs (1) through (3) shall be appointed for the life of the Commission. (b) Selection.--Members of the Commission shall be selected from among individuals noted for their knowledge and experience in foreign assistance, particularly development and humanitarian assistance. (c) Time of Appointment.--The appointments under subsection (a) shall be made not later than 60 days after the date of the enactment of this Act. (d) Chair.--The President shall designate one of the members of the Commission from private life as the Chair of the Commission. (e) Regional Subcommittees.--In order to facilitate the workload of the Commission, the Commission shall divide the membership of the Commission into three subcommittees representing the different regions of the world to which the United States provides development assistance, the membership of each subcommittee to be proportional to the percentage of United States development assistance provided to the region represented by the subcommittee. Each subcommittee shall elect one of its members as Chair of the subcommittee. (f) Quorum and Meetings.-- (1) Commission.--Eleven members of the Commission shall constitute a quorum for purposes of transacting the business of the Commission. The Commission shall meet at the call of the Chair. (2) Subcommittees.--A majority of the members of each regional subcommittee shall constitute a quorum for purposes of transacting the business of the subcommittee. Each subcommittee shall meet at the call of the Chair of the subcommittee. (g) Vacancies.--Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (h) Administrative Support.--The Administrator of General Services shall provide to the Commission on a reimbursable basis (or, in the discretion of the Administrator, on a nonreimbursable basis) such administrative support services as the Commission may request to carry out this Act. (i) Compensation.-- (1) In general.--Subject to paragraph (2), members of the Commission shall serve without pay. (2) Prohibition on additional compensation of federal employees.--Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (j) Travel Expenses.--Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (k) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--To the extent or in the amounts provided in advance in appropriations Acts-- (A) the executive director shall be compensated at the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code; and (B) the Chairman of the Commission may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out its functions under this Act, hold hearings, sit and act at times and places in the United States and in countries which receive United States development assistance, take testimony, and receive evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission, subject to applicable law. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Administrative Procedures.--The Commission may adopt such rules and regulations, relating to administrative procedure, as may be reasonably necessary to enable it to carry out the provisions of this Act. (e) Travel.-- (1) In general.--The Members of the Commission may, with the approval of the Commission, conduct such travel as is necessary to carry out the purposes of this Act. Each trip must be approved by a majority of the Commission. (2) Sense of congress.--It is the sense of the Congress that members of the Commission should, in order to carry out the functions of the Commission most effectively, travel to countries that receive United States development assistance. The Commission is encouraged to invite Members of Congress to accompany members of the Commission on such travel. (f) Staff and Services of Other Federal Agencies.--Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this Act. The detail of any such personnel shall be without interruption or loss of civil service or Foreign Service status or privilege. SEC. 6. REPORT OF THE COMMISSION. (a) In General.--Not later than 2 years after the members of the Commission are appointed under section 4(a), the Commission shall submit a report to the President, the Secretary of State, and the Congress setting forth its findings and recommendations under section 3(b). (b) Classified Form of Report.--The report may be submitted in classified form, together with a public summary of recommendations, if the classification of information would further the purposes of this Act. (c) Individual or Dissenting Views.--Each member of the Commission may include the individual or dissenting views of the member. SEC. 7. APPLICABILITY OF OTHER LAWS. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 8. DEFINITION. In this Act, the term ``United States development assistance'' means-- (1) assistance provided by the United States under chapters 1, 10, 11, and 12 of part I of the Foreign Assistance Act of 1961; and (2) assistance provided under any other provision of law to carry out purposes comparable to those set forth in the provisions referred to in paragraph (1). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act. (b) Availability of Funds.--Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended, but not later than the date of termination of the Commission. SEC. 10. TERMINATION. The Commission shall terminate 30 days after the submission of its report under section 6.", "summary": "HELP Commission Act - Establishes the Helping Enhance the Livelihood of People (HELP) Around the Globe Commission to: (1) identify objectives and beneficiaries of U.S. development assistance; (2) evaluate cases in which assistance has been successful; (3) study ways of expanding educational opportunities and investments in people, coordinating U.S. assistance programs with those of other countries and international organizations, ensuring the safety of development assistance workers, strengthening indigenous nongovernmental organizations in grassroots development, placing conditions on governments receiving assistance, and measuring results of targeting U.S. assistance to the least developed countries; (4) assess infrastructure needs; (5) study whether additional resources are needed for tangible results; (6) compare the effectiveness of increased and open trade with development assistance; (7) analyze how political pressures affect the assistance decision making process and how assistance decisions can involve more people of the recipient countries; (8) recommend standards for graduating recipient countries from U.S. assistance; (9) analyze whether assistance should be used to achieve foreign policy objectives; and (10) analyze how to evaluate the performance of the U.S. assistance programs, including in democratization efforts."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mine Safety and Health Act of 2006''. SEC. 2. IMPROVED MANDATORY HEALTH AND SAFETY STANDARDS. Section 101 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811) is amended by adding at the end the following: ``(f) Establishing Improved Mandatory Health and Safety Standards.--Notwithstanding any other provision of this section regarding the promulgation of mandatory health and safety standards, and in addition to the requirements of any mandatory safety and health standard promulgated under this Act, the following shall be mandatory health and safety standards that apply to all coal or other mines: ``(1) Oxygen stations.--An operator shall strategically locate, within each area of an underground coal or other mine where miners are working, not less than 1 oxygen station that can provide the average number of miners expected to be working in such area with not less than a 4-day supply of oxygen. ``(2) Wireless emergency tracking devices.--An operator shall make available to each miner a wireless emergency tracking device that will enable rescuers to locate the miner in the event of an accident or emergency. ``(3) Wireless communications devices.--An operator shall require that each miner working in an underground coal or other mine carry a wireless text messaging or other wireless communications device that will enable rescuers or mine operators to communicate with the miner. ``(4) Communications among rescue workers.--In the event of a rescue operation, the operator of a coal or other mine shall ensure that communications relating to the rescue are transmitted only to the individuals participating in the rescue operation. ``(5) Secondary telephone service.--For each area within an underground coal or other mine where a miner is working, an operator shall provide secondary telephone service, or equivalent 2-way communication facilities, between the surface and the underground mine at an entry separate from the location of existing telephone service or equivalent facilities, in order to increase the likelihood of maintaining communications between the miner and surface or rescue personnel in the event of an accident or emergency.''. SEC. 3. REPORTS, PLAN REVIEWS, AND CITATIONS. (a) Accident Investigations and Internal Reviews.--Section 103 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) is amended-- (1) in subsection (a), by adding at the end the following: ``In the case of an investigation of an accident or other occurrence relating to health or safety in a coal or other mine, the Secretary, or the authorized representative of the Secretary, shall conduct interviews of the miners regarding the accident or occurrence without having a representative of the operator present.''; and (2) in subsection (b), by adding at the end the following: ``The Secretary shall promulgate regulations establishing rules for conducting an investigation of any accident relating to health or safety in a coal or other mine and for holding hearings relating to such investigation. Not later than 30 days after completing such investigation or a review regarding the Administration's response to such accident, the Secretary shall submit the report regarding the investigation or review to the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Appropriations and the Committee on Education and the Workforce of the House of Representatives.''. (b) Quarterly Review of Certain Plans.--Section 103 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) is amended by adding at the end the following: ``(l) Quarterly Review.--Notwithstanding any mandatory safety and health standard promulgated under this Act, the Secretary or the Secretary's authorized representative shall review the ventilation system and methane and dust control plan and the roof control plan of an operator at least once every 3 months.''. (c) Progress Check.--Section 104(a) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 814(a)) is amended by adding after the third sentence the following: ``Not later than 24 hours after an operator has received a citation under this subsection, an authorized representative of the Secretary shall contact the operator to ensure that the operator is taking steps to abate the violation in the reasonable time specified in the citation.''. SEC. 4. EMERGENCY CALL CENTER. Section 104 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 814) is amended by adding at the end the following: ``(l) Emergency Call Center.-- ``(1) In general.--The Secretary shall establish, within the Administration, a central communications emergency call center for all coal and other mine operations that shall be staffed and operated 24 hours a day, 7 days a week. All calls placed to the emergency call center shall be answered by an individual. ``(2) Contact list.--To assist in the operation of the emergency call center, the Secretary shall provide the emergency call center with an emergency contact list that contains the contact information for all coal or other mines subject to this Act and shall update the contact list on a quarterly basis.''. SEC. 5. PENALTIES. (a) Increased Penalties and User Fees.--Section 110 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) is amended-- (1) in subsection (a)-- (A) in the first sentence, by inserting before the period ``, except that a flagrant violation may be assessed a civil penalty of not more than $500,000''; (B) in the second sentence, by inserting ``, other than a flagrant violation,'' after ``safety standard''; and (C) by adding at the end the following: ``In this subsection, the term `flagrant violation' means a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health and safety standard that substantially and proximately caused, or reasonably could be expected to cause, death or serious bodily injury.''; (2) in subsection (b), by striking ``$5,000'' and inserting ``$55,000''; (3) in subsection (d)-- (A) by inserting ``knowingly exposes miners to situations likely to cause death or serious bodily injury,'' after ``operator who''; (B) by striking ``$25,000'' and inserting ``$250,000''; and (C) by striking ``$50,000'' and inserting ``$500,000''; (4) in subsection (e), by striking ``$1,000'' and inserting ``$20,000''; (5) in subsection (f), by striking ``$10,000'' and inserting ``$100,000''; (6) by redesignating subsections (i) through (k) and subsection (l) as subsections (j) through (l) and subsection (o), respectively; (7) by inserting after subsection (h) the following: ``(i) Failure to Inform.--Any operator who fails to inform the Secretary of a disaster relating to a coal or other mine within the 15- minute period following the occurrence of the disaster shall be subject to a civil penalty of not less than $100,000. The Secretary may waive the penalty under this subsection if the Secretary determines that the failure to inform within the time period was caused by circumstances outside the control of the operator.''; and (8) by inserting after subsection (l) (as so redesignated by paragraph (6)) the following: ``(m) Minimum Fine or Penalty.-- ``(1) Serious illness or injury hazard.--A fine or civil penalty assessed under this section for a violation of a mandatory health or safety standard, or other provision of this Act, that could cause serious illness or injury shall be in an amount of not less than $10,000. ``(2) Habitual violator.--A fine or civil penalty assessed under this section, to any operator of a coal or other mine who habitually violates this Act, for a violation of a mandatory health or safety standard, or other provision of this Act, that could significantly and substantially contribute to a safety or health hazard shall be in an amount of not less than $20,000. ``(n) User Fees.--An operator who incurs a civil penalty or fine under this section shall, in addition to the amount of such penalty or fine, be assessed a user fee of $100 for each such penalty or fine. Such fees shall be collected by the Secretary to be deposited in an Administration account and shall be used to augment the amounts appropriated to the Administration for carrying out the following activities: ``(1) To reimburse operators for the cost of training, research and development, rescue teams, safe rooms, or other supplies or equipment for miner safety. ``(2) To enable the Administration to provide technical support, educational policy and development, and program evaluation and information activities in accordance with this Act.''. (b) No Reduction of Certain Fines.--Section 105(d) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 815(d)) is amended in the first sentence by inserting ``, except that the Commission shall not decrease a civil penalty assessed for a flagrant violation, as defined in section 110(a), or for a habitual violation'' after ``appropriate relief''. SEC. 6. MANDATORY HEALTH AND SAFETY TRAINING. Section 115(a) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 825(a)) is amended-- (1) by redesignating paragraph (5) as paragraph (7); and (2) by inserting after paragraph (4) the following: ``(5) all miners shall receive initial training in the proper usage of wireless communications devices and shall receive refresher training courses on such usage not less often than once each calendar year; ``(6) each rescue team for the mine shall participate in a surprise, unannounced emergency rescue drill at an operating mine not less often than 2 times each calendar year; and''.", "summary": "Mine Safety and Health Act of 2006 - Amends the Federal Mine Safety and Health Act of 1977 to impose additional health and safety requirements for all coal or other mines, including regarding: (1) the strategic location of an oxygen station; (2) wireless emergency tracking devices; (3) wireless communication devices; (4) restricting communications relating to a rescue operation only to individuals participating in the rescue; and (5) secondary telephone service. Requires interviews of miners regarding an accident or occurrence without the presence of the mine operator. Directs the Secretary of Labor to: (1) establish rules for conducting investigations of mine accidents; and (2) report to specified congressional committees within 30 days of completing an investigation. Requires the Secretary to: (1) conduct a quarterly review of a mine operator's ventilation system, methane and dust control plan, and roof control plan; and (2) contact an operator who has received a citation within 24 hours to ensure that steps are being taken to correct the safety violation. Requires the Secretary to establish a central communications emergency call center for all coal and other mine operations. Imposes increased penalties for flagrant violations of mine safety standards, for failure to promptly report mine disasters, and for habitual violators of mine safety standards. Imposes additional user fees on mine operators who incur such penalties and dedicates such fees for equipment, training, and other expenses relating to mine safety. Requires all miners to receive training in the proper usage of wireless communications devices. Requires rescue workers to participate in unannounced emergency rescue drills at an operating mine at least twice a year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Subsidy Elimination Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) On Friday April 21, 2006, the trading price for a barrel of oil reached a new record high of $75.17. As a result the price of gasoline in many areas around the country jumped to $3 per gallon or higher. (2) According to the Energy Information Administration (EIA) of the Department of Energy, gas prices are expected to rise nationally by at least another 25 cents in the short term. (3) Oil companies are receiving record profits as a result of high gas prices. In 2005, ExxonMobil--the Nation's largest oil company--earned a net income of $36.1 billion, up 31 percent from the year before. In the fourth quarter of 2005 alone, ExxonMobile earned $10 billion, up from the previous record of $9.92 billion set by ExxonMobile in the third quarter of 2005. (4) While high energy prices are squeezing the American middle class, oil executives are receiving record compensation and retirement packages. For example, the retiring chairman of ExxonMobil was recently given a $400 million retirement package--one of the largest in history. (5) In the 108th and 109th Congresses, the United States Congress passed, and the President signed, legislation giving billions in taxpayer dollars away to the oil industry in the form of tax breaks--even as this industry continues to garner record breaking profits. (6) At a November 9, 2005, joint hearing of the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate, the chief executive officers of the top five oil companies testified that their companies did not need the Federal tax incentives included in the Energy Policy Act of 2005 (Public Law 109-58). (7) On April 25, 2006, President Bush stated ``Record oil prices and large cash flows also mean that Congress has got to understand that these energy companies don't need unnecessary tax breaks like the write-offs of certain geological and geophysical expenditures, or the use of taxpayers' money to subsidize energy companies research into deep water drilling. I'm looking forward to Congress to take about $2 billion of these tax breaks out of the budget over a 10-year period of time. Cash flows are up. Taxpayers don't need to be paying for certain of these expenses on behalf of the energy companies.''. SEC. 2. REQUIREMENTS FOR CERTAIN LARGE INTEGRATED OIL COMPANIES. (a) Revaluation of LIFO Inventories of Large Integrated Oil Companies.-- (1) General rule.--Notwithstanding any other provision of law, if a taxpayer is an applicable integrated oil company for its last taxable year ending in calendar year 2005, the taxpayer shall-- (A) increase, effective as of the close of such taxable year, the value of each historic LIFO layer of inventories of crude oil, natural gas, or any other petroleum product (within the meaning of section 4611) by the layer adjustment amount, and (B) decrease its cost of goods sold for such taxable year by the aggregate amount of the increases under paragraph (1). If the aggregate amount of the increases under paragraph (1) exceed the taxpayer's cost of goods sold for such taxable year, the taxpayer's gross income for such taxable year shall be increased by the amount of such excess. (2) Layer adjustment amount.--For purposes of this section-- (A) In general.--The term ``layer adjustment amount'' means, with respect to any historic LIFO layer, the product of-- (i) $18.75, and (ii) the number of barrels of crude oil (or in the case of natural gas or other petroleum products, the number of barrel-of-oil equivalents) represented by the layer. (B) Barrel-of-oil equivalent.--The term ``barrel- of-oil equivalent'' has the meaning given such term by section 29(d)(5) (as in effect before its redesignation by the Energy Tax Incentives Act of 2005). (3) Application of requirement.-- (A) No change in method of accounting.--Any adjustment required by this section shall not be treated as a change in method of accounting. (B) Underpayments of estimated tax.--No addition to the tax shall be made under section 6655 of the Internal Revenue Code of 1986 (relating to failure by corporation to pay estimated tax) with respect to any underpayment of an installment required to be paid with respect to the taxable year described in subsection (a) to the extent such underpayment was created or increased by this section. (4) Applicable integrated oil company.--For purposes of this subsection, the term ``applicable integrated oil company'' means an integrated oil company (as defined in section 291(b)(4) of the Internal Revenue Code of 1986) which has an average daily worldwide production of crude oil of at least 500,000 barrels for the taxable year and which had gross receipts in excess of $1,000,000,000 for its last taxable year ending during calendar year 2005. For purposes of this subsection all persons treated as a single employer under subsections (a) and (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as 1 person and, in the case of a short taxable year, the rule under section 448(c)(3)(B) shall apply. (b) Elimination of Amortization of Geological and Geophysical Expenditures for Major Integrated Oil Companies.-- (1) In general.--Section 167(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Nonapplication to major integrated oil companies.-- This subsection shall not apply with respect to any expenses paid or incurred for any taxable year by any integrated oil company (as defined in section 291(b)(4)) which has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.''. (2) Effective date.--The amendment made by this section shall take effect as if included in the amendment made by section 1329(a) of the Energy Policy Act of 2005. (c) Modifications of Foreign Tax Credit Rules Applicable to Large Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- (1) In general.--Section 901 of the Internal Revenue Code of 1986 (relating to credit for taxes of foreign countries and of possessions of the United States) is amended by redesignating subsection (m) as subsection (n), and by inserting after subsection (l) the following new subsection: ``(m) Special Rules Relating to Large Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a large integrated oil company to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession. ``(4) Large integrated oil company.--For purposes of this subsection, the term `large integrated oil company' means, with respect to any taxable year, an integrated oil company (as defined in section 291(b)(4)) which-- ``(A) had gross receipts in excess of $1,000,000,000 for such taxable year, and ``(B) has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.'' (2) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (B) Contrary treaty obligations upheld.--The amendments made by this subsection shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 3. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF 2005 FOR OIL AND GAS. (a) Repeal.--The following provisions, and amendments made by such provisions, of the Energy Policy Act of 2005 are hereby repealed: (1) Section 1323 (relating to temporary expensing for equipment used in refining of liquid fuels). (2) Section 1328 (relating to determination of small refiner exception to oil depletion deduction). (3) Section 1329 (relating to amortization of geological and geophysical expenditures). (b) Administration of Internal Revenue Code of 1986.--The Internal Revenue Code of 1986 shall be applied and administered as if the provisions, and amendments, specified in subsection (a) had never been enacted.", "summary": "Oil Subsidy Elimination Act of 2006 - Requires oil companies with annual gross receipts of $1 billion or more and average daily crude oil production levels of at least 500,000 barrels (defined as large integrated oil companies) to revalue, according to a specified formula, their 2005 LIFO inventories of crude oil, natural gas, or other petroleum products. Amends the Internal Revenue Code to deny large integrated oil companies: (1) amortization of geological and geophysical expenditures; and (2) foreign tax credits for certain payments made to foreign countries. Repeals provisions of the Energy Policy Act of 2005 relating to: (1) expensing of crude oil refinery property; (2) exemptions from limitations on oil depletion deductions for certain small crude oil refiners; and (3) amortization of geological and geophysical expenditures."}
{"article": "SECTION 1. LIMITED AUTHORITY FOR DEPARTMENT OF DEFENSE PERSONNEL WHO ARE FACULTY MEMBERS AT DEPARTMENT OF DEFENSE SCHOOLS OR OTHER ACADEMIES TO SECURE COPYRIGHTS FOR CERTAIN SCHOLARLY WORKS. (a) Authority.--(1) Chapter 53 of title 10, United States Code, is amended by inserting after section 1033 the following new section: ``Sec. 1033a. Faculty of service academies and Department of Defense professional schools: limited authority to secure copyrights for certain works ``(a) Authority.--Subject to regulations prescribed under subsection (f), a person who is a member of the Army, Navy, Air Force, or Marine Corps, or a civilian employee of the Department of Defense, and is a faculty member of an institution described in subsection (e) may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work, but only for the purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is a requirement for consideration for publication or otherwise as may be prescribed under regulations under this section. ``(b) Qualifying Works.--A work is a qualifying work for purposes of this section if the work-- ``(1) is prepared as part of a person's official duties; and ``(2) meets such criteria as the Secretary of Defense may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. ``(c) Transfer of Copyright.--Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the person holding the copyright shall transfer the copyright to the owner or publisher of the medium in which the work will be published. ``(d) Royalties, Etc.--No royalties or other compensation may be accepted by a person described in subsection (a) by reason of copyright protection that exists by reason of subsection (a). ``(e) Covered Institutions.--The institutions referred to in subsection (a) are the following: ``(1) The United States Military Academy, United States Naval Academy, and United States Air Force Academy. ``(2) The National Defense University. ``(3) Any war college of the armed forces. ``(4) Any graduate-level college or university of the Department of Defense. ``(5) The Coast Guard Academy. ``(6) The United States Merchant Marine Academy. ``(f) Regulations.--The Secretary of Defense shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured by a person described in subsection (a).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1033 the following new item: ``1033a. Faculty of service academies and Department of Defense professional schools: limited authority to secure copyrights for certain works.''. (b) Effective Date.--Section 1033a of title 10, United States Code, as added by subsection (a), shall apply only with respect to works that, as determined under regulations prescribed under that section, are produced after the date of the enactment of this Act. (c) Deadline for Regulations.--The Secretary of Defense shall prescribe regulations under subsection (f) of section 1033a of title 10, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. SEC. 2. LIMITED AUTHORITY FOR FACULTY MEMBERS AT COAST GUARD ACADEMY TO SECURE COPYRIGHTS FOR CERTAIN SCHOLARLY WORKS. (a) Authority.--(1) Chapter 9 of title 14, United States Code, is amended by inserting after section 196 the following new section: ``Sec. 197. Limited authority for faculty members to secure copyrights for certain works ``(a) Authority.--Subject to regulations prescribed under subsection (f), a person who is a member of the Coast Guard, or a civilian employee of the Coast Guard, and is a faculty member of an institution described in subsection (e) may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work, but only for the purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is a requirement for consideration for publication or otherwise as may be prescribed under regulations under this section. ``(b) Qualifying Works.--A work is a qualifying work for purposes of this section if the work-- ``(1) is prepared as part of a person's official duties; and ``(2) meets such criteria as the Secretary may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. ``(c) Transfer of Copyright.--Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the person holding the copyright shall transfer the copyright to the owner or publisher of the medium in which the work will be published. ``(d) Royalties, Etc.--No royalties or other compensation may be accepted by a person described in subsection (a) by reason of copyright protection that exists by reason of subsection (a). ``(e) Covered Institutions.--The institutions referred to in subsection (a) are the following: ``(1) The Coast Guard Academy. ``(2) The United States Merchant Marine Academy. ``(3) The United States Military Academy, United States Naval Academy, and United States Air Force Academy. ``(4) The National Defense University. ``(5) Any war college of the armed forces. ``(6) Any graduate-level college or university of the Department of Defense. ``(f) Regulations.--The Secretary shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured by a person described in subsection (a).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 196 the following new item: ``197. Limited authority for faculty members to secure copyrights for certain works.''. (b) Effective Date.--Section 197 of title 14, United States Code, as added by subsection (a), shall apply only with respect to works that, as determined under regulations prescribed under that section, are produced after the date of the enactment of this Act. (c) Deadline for Regulations.--The Secretary of the department in which the Coast Guard is operating shall prescribe regulations under subsection (f) of section 197 of title 14, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. SEC. 3. LIMITED AUTHORITY FOR FACULTY MEMBERS AT UNITED STATES MERCHANT MARINE ACADEMY TO SECURE COPYRIGHTS FOR CERTAIN WORKS. (a) Authority.-- Title XIII of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295 et seq.) is amended by adding at the end the following new section: ``SEC. 1308. LIMITED AUTHORITY FOR FACULTY MEMBERS TO SECURE COPYRIGHTS FOR CERTAIN WORKS. ``(a) Authority.--Subject to regulations prescribed under subsection (f), a person who is an employee of the Department of Transportation and is a faculty member of an institution described in subsection (e) may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work, but only for the purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is a requirement for consideration for publication or otherwise as may be prescribed under regulations under this section. ``(b) Qualifying Works.--A work is a qualifying work for purposes of this section if the work-- ``(1) is prepared as part of a person's official duties; and ``(2) meets such criteria as the Secretary of Transportation may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. ``(c) Transfer of Copyright.--Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the person holding the copyright shall transfer the copyright to the owner or publisher of the medium in which the work will be published. ``(d) Royalties, Etc.--No royalties or other compensation may be accepted by a person described in subsection (a) by reason of copyright protection that exists by reason of subsection (a). ``(e) Covered Institutions.--The institutions referred to in subsection (a) are the following: ``(1) The United States Merchant Marine Academy. ``(2) The Coast Guard Academy. ``(3) The United States Military Academy, United States Naval Academy, and United States Air Force Academy. ``(4) The National Defense University. ``(5) Any war college of the armed forces. ``(6) Any graduate-level college or university of the Department of Defense. ``(f) Regulations.--The Secretary of Transportation shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured by a person described in subsection (a).''. (b) Effective Date.--Section 1308 of Merchant Marine Act, 1936, as added by subsection (a), shall apply only with respect to works that, as determined under regulations prescribed under that section, are produced after the date of the enactment of this Act. (c) Deadline for Regulations.--The Secretary of Transportation shall prescribe regulations under section 1308 of Merchant Marine Act, 1936, as added by subsection (a), not later than 180 days after the date of the enactment of this Act.", "summary": "Authorizes a faculty member of a military service academy (including the Coast Guard Academy and Merchant Marine Academy) or Department of Defense professional school (including the National Defense University) to secure Federal copyright protection for a scholarly work prepared as part of that person's official duties, but only for purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is required. Requires the faculty member to transfer such copyright to the owner or publisher of the medium for which the work will be published. Prohibits the acceptance of royalties or other compensation by reason of such copyright protection."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Less Imprecision in Species Treatment Act of 2018'' or the ``LIST Act of 2018''. SEC. 2. REQUIREMENT TO INITIATE DELISTING. (a) Requirement in Case of Recovery.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9)(A) The Secretary shall initiate the procedures in accordance with subsection (a)(1) to remove a species from a list published under subsection (c) if-- ``(i) the goals of a recovery plan for the species developed under subsection (f) have been met; or ``(ii) the goals for recovery of the species have not been developed under subsection (f), and the Secretary determines that the species has recovered sufficiently to no longer require the protection of the Act. ``(B) Notwithstanding the requirement of subsection (c)(2) that each determination under subparagraph (B) of that subsection shall be made in accordance with the provisions of subsections (a) and (b), the Secretary shall remove a species from any list published under subsection (c) if the Department of the Interior has produced or received substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species under subsection (f) have been met. ``(C) In the case of a species removed under subparagraph (A) from a list published under subsection (c), the publication and notice under subsection (b)(5) shall consist solely of a notice of such removal.''. (b) Requirement in Case Erroneously or Wrongfully Listed.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)), as amended by subsection (a), is further amended by adding at the end the following: ``(H)(i) Not later than 90 days after the date the Department of the Interior receives or produces under this subsection information described in clause (ii) regarding a species included in a list under subsection (c), the Secretary shall to the maximum extent practicable find whether the inclusion of such species in such list was less than likely to have occurred in the absence of the scientific or commercial information referred to in clause (ii). ``(ii) Information referred to in clause (i) is any information demonstrating that the listing was determined on the basis of scientific or commercial information available to, or received or produced by, the Department under paragraphs (1) and (3) of subsection (b) that at the time the scientific or commercial information was available to or received or produced by the Department it was-- ``(I) inaccurate beyond scientifically reasonable margins of error; ``(II) fraudulent; or ``(III) misrepresentative. ``(iii) Notwithstanding the requirement under subsection (c)(2)(B) that each determination under subparagraph (B) shall be made in accordance with the provisions of subsections (a) and (b), the Secretary shall-- ``(I) remove from any list published under subsection (c) any species for which a positive finding is made under clause (i); and ``(II) promptly publish in the Federal Register notice of such finding that includes such information as was received or produced by the Department under such clause. ``(iv) Any positive finding by the Secretary under clause (i) shall not be subject to judicial review. ``(v) Any negative finding by the Secretary under clause (i) shall be subject to judicial review. ``(vi) In the case of a species removed under clause (iii) from a list, the publication and notice under subsection (b)(5) shall consist solely of a notice of such removal. ``(vii) If the Secretary finds that a person submitted a petition that is the subject of a positive finding under clause (i) knowing that it contained scientific or commercial information described in clause (ii), then during the 10-year period beginning on the date of the finding under this clause the person shall not be considered an interested person for purposes of subparagraph (A) with respect to any petition submitted by the person after the date the person submitted such scientific or commercial information.''. SEC. 3. EXPANDED CONSIDERATION DURING FIVE-YEAR REVIEW. Section 4(c) (16 U.S.C. 1533(c)) is amended by adding at the end the following: ``(3) Each determination under paragraph (2)(B) shall consider one of the following: ``(A) Except as provided in subparagraph (B) of this paragraph, the criteria required under subsection (f)(1)(B) in the recovery plan for the species. ``(B) If the objective, measurable criteria under subsection (f)(1)(B)(ii) are not established, the factors for the determination that a species is an endangered species or a threatened species set forth in subsections (a)(1) and (b)(1). ``(C) A finding of error in the determination that the species is an endangered species, a threatened species, or extinct. ``(D) A determination that the species is no longer an endangered species or threatened species or in danger of extinction, based on an analysis of the factors that are the basis for listing in subsections (a)(1) and (b)(1).''.", "summary": "Less Imprecision in Species Treatment Act of 2018 or the LIST Act of 2018 This bill amends the Endangered Species Act of 1973 to revise the process for removing a species from the endangered or threatened species lists. The Department of the Interior or the Department of Commerce, as appropriate, must remove a species from the endangered or threatened species lists if Interior produces or receives substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species have been met. The publication and notice of a proposed regulation to remove a species from the lists must consist solely of a notice of the removal. The bill establishes a process for removing species from the lists if they were erroneously or wrongfully listed. The bill prohibits a person from submitting a petition to list a species as a threatened or endangered species for 10 years if the person knowingly submitted a petition with information that was inaccurate beyond scientifically reasonable margins of error, fraudulent, or misrepresentative."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National MS and Parkinson's Disease Registries Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Multiple sclerosis (referred to in this section as ``MS'') is a progressive, disabling disease that affects the brain and the spinal cord causing loss of myelin, damage to axons, and cerebral atrophy. (2) MS is a prime-of-life disease with an average age of onset at 30 to 35 years of age. (3) More than 10,000 individuals in the United States are diagnosed with MS annually, and it is thought that more than 400,000 individuals in the United States have MS. (4) Parkinson's disease is a chronic, progressive neurological disease. The primary pathologic feature of Parkinson's disease is degeneration and premature death of dopamine-producing brain cells. (5) Parkinson's is the second-most common neurodegenerative disease in the United States. (6) It is estimated that more than 1,000,000 Americans are currently fighting Parkinson's disease, and 60,000 Americans are newly diagnosed every year. (7) Although estimates exist, there is no confirmed data regarding prevalence or diagnosed cases of Parkinson's disease or MS. (8) The causes of Parkinson's disease and MS are not well understood. (9) There is no known cure for Parkinson's disease or MS. (10) Studies have found relationships between both MS and Parkinson's disease and environmental and genetic factors, but those relationships are not well understood. (11) Better data are needed to understand the economic impact of Parkinson's disease, MS, and other neurological diseases. (12) There are several drugs currently approved by the Food and Drug Administration for the treatment of MS, which have shown modest success in reducing relapses, slowing progression of disability, and limiting the accumulation of brain lesions. (13) Currently, state-of-the-art treatment for Parkinson's disease is based on a 40-year-old pharmaceutical therapy, which only treats some of the motor symptoms of Parkinson's disease. Deep brain stimulation surgery is available for certain patients and treats some symptoms of Parkinson's disease. (14) No therapies exist that will slow or stop progression of Parkinson's disease. There is no effective, lasting therapy for all features of Parkinson's disease. (15) Central nervous system drugs, including therapies for MS, Parkinson's disease, and other neurological diseases, are the slowest in the drug development pipeline, taking an average of 15 years post discovery for new therapies to reach the market. (16) Several small and uncoordinated MS and Parkinson's disease registries, surveillance systems, and databases exist in the United States and throughout the world. (17) A single national system to collect and store information on the incidence and prevalence of MS, Parkinson's disease, or other neurological diseases in the United States does not exist. (18) The Agency for Toxic Substances and Disease Registry (ATSDR) has established a series of small pilot studies, beginning in fiscal year 2006, to evaluate the feasibility of various methodologies to create an MS surveillance system at the national level. (19) The national surveillance system methodology resulting from the MS pilot studies should be expanded upon and developed into a national surveillance system for Parkinson's disease. (20) The establishment of separate, coordinated national surveillance systems for Parkinson's disease and MS will help-- (A) to identify the incidence and prevalence of these diseases in the United States; (B) to collect demographic and other data important to the study of MS and Parkinson's disease; (C) to produce epidemiologically sound data that can be used to compare with cluster information, data sets of the Department of Veterans Affairs, environmental exposure data, and other information; (D) to promote a better understanding of causes, prevention, and treatment of disease; (E) to better understand public and private resource impact; (F) to collect information that is important for research into genetic and environmental risk factors; (G) to enhance biomedical and clinical research by providing a basis for population comparisons; (H) to enhance efforts to develop better diagnosis and progression biomarkers for MS and Parkinson's disease; and (I) to enhance efforts to find treatments and a cure for MS and Parkinson's disease. SEC. 3. SURVEILLANCE SYSTEMS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended-- (1) by redesignating the second and third sections 399R (added by section 2 of Public Law 110-373 and section 3 of Public Law 110-374) as sections 399S and 399T, respectively; and (2) by adding at the end the following: ``SEC. 399U. SURVEILLANCE OF NEUROLOGICAL DISEASES. ``(a) Multiple Sclerosis National Surveillance System.-- ``(1) In general.--Not later than 1 year after receipt of the report described in subsection (c)(3), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry and in consultation with a national voluntary health organization with experience serving the population of individuals with multiple sclerosis (referred to in this section as `MS'), shall-- ``(A) develop a system to collect data on MS including information with respect to the incidence and prevalence of the disease in the United States; ``(B) establish a national surveillance system for the collection and storage of such data to include a population-based registry of cases of MS in the United States; ``(C) assist in application of MS national surveillance system methodologies for the development, piloting, and implementation of a national Parkinson's disease national surveillance system under subsection (b); and ``(D) provide analysis regarding expansion of national disease surveillance systems for other neurological diseases and disorders utilizing the MS and Parkinson's disease national surveillance systems' process and structure. ``(2) Purpose.--It is the purpose of the registry established under paragraph (1)(B) to gather available data concerning-- ``(A) MS, including the incidence and prevalence of MS in the United States; ``(B) the age, race or ethnicity, gender, military service if applicable, and family history of individuals who are diagnosed with the disease; and ``(C) other matters as recommended by the Advisory Committee established pursuant to subsection (c). ``(b) Parkinson's Disease National Surveillance System.-- ``(1) In general.--Not later than 1 year after the receipt of the report described in subsection (c)(3), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry and in consultation with a national voluntary health organization with experience serving the population of individuals with Parkinson's disease, shall-- ``(A) develop a system to collect data on Parkinson's disease including information with respect to the incidence and prevalence of the disease in the United States; ``(B) establish a national surveillance system for the collection and storage of such data to include a population-based registry of cases of Parkinson's disease in the United States; and ``(C) provide analysis regarding expansion of national disease surveillance systems for other neurological diseases utilizing the MS and Parkinson's disease national surveillance systems' process and structure. ``(2) Purpose.--It is the purpose of the registry established under paragraph (1)(B) to gather available data concerning-- ``(A) Parkinson's disease, including the incidence and prevalence of Parkinson's disease in the United States; ``(B) the age, race or ethnicity, gender, military service if applicable, and family history of individuals who are diagnosed with the disease; and ``(C) other matters as recommended by the Advisory Committee established pursuant to subsection (c). ``(c) Advisory Committee.-- ``(1) Establishment.--Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, shall establish a committee to be known as the Advisory Committee on Neurological Disease Registries (referred to in this section as the `Advisory Committee'). The Advisory Committee shall be composed of at least one member, to be appointed by the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, representing each of the following: ``(A) National voluntary health associations that focus solely on MS and have demonstrated experience in MS research, care, or patient services. ``(B) National voluntary health associations that focus solely on Parkinson's disease and have demonstrated experience in Parkinson's disease public policy, research, care, or patient services. ``(C) The National Institutes of Health, to include, upon the recommendation of the Director of the National Institutes of Health, representatives from the Office of Portfolio Analysis and Strategic Initiatives, the National Institute of Neurological Disorders and Stroke, the National Institute of Environmental Health Sciences, the National Institute on Aging, and the National Institute of Allergy and Infectious Diseases. ``(D) The Department of Veterans Affairs, to include representatives from the Parkinson's Disease Research Education and Clinical Centers and the MS Centers of Excellence. ``(E) The Department of Defense, to include representatives from the Parkinson's disease and MS research programs. ``(F) The Food and Drug Administration. ``(G) The Centers for Disease Control and Prevention, to include representatives from the Agency for Toxic Substances and Disease Registry. ``(H) Patients with MS and Parkinson's disease or their family members. ``(I) Clinicians with expertise on MS and Parkinson's disease. ``(J) Research scientists with experience conducting translational research or creating systems that support translating basic discoveries into treatments. ``(K) Epidemiologists with experience in data registries. ``(L) Geneticists or experts in genetics who have experience with the genetics of MS and Parkinson's disease. ``(M) Statisticians. ``(N) Bioethicists. ``(O) Attorneys. ``(P) Other individuals, organizations, or agencies with an interest in developing and maintaining the MS and Parkinson's disease national surveillance systems. ``(Q) Experts in additional neurological diseases, as appropriate, based on development and implementation of national surveillance systems for other neurological diseases and disorders. ``(2) Duties.--The Advisory Committee shall review information and make recommendations to the Secretary concerning-- ``(A) the development and maintenance of the MS and Parkinson's disease national surveillance systems; ``(B) the use and coordination of existing databases that collect or maintain information on neurological diseases and disorders; ``(C) the type of information to be collected and stored in the systems; ``(D) the manner in which such data is to be collected; ``(E) the use and availability of such data including guidelines for such use; and ``(F) the application of MS and Parkinson's disease registry methodologies to benefit other neurological diseases and disorders, including analysis of how other neurological disease surveillance systems or registries can be developed, piloted, and implemented nationally utilizing the MS and Parkinson's disease national surveillance systems' process and structure. ``(3) Report.--Not later than 1 year after the date on which the Advisory Committee is established, the Advisory Committee shall submit a report to Congress concerning the review conducted under paragraph (2) that contains the recommendations of the Advisory Committee with respect to the results of such review. ``(d) Grants.--Notwithstanding the recommendations of the Advisory Committee under subsection (c), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on MS and Parkinson's disease. ``(e) Coordination With State, Local, and Federal Registries.-- ``(1) In general.--In establishing the MS and Parkinson's disease national surveillance systems under subsections (a) and (b), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, shall-- ``(A) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including-- ``(i) the 2 MS surveillance pilot studies initiated in fiscal year 2006 by the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry; ``(ii) the Parkinson's disease and MS databases of the Department of Veterans Affairs; ``(iii) current Parkinson's disease registries and surveillance systems, including the Nebraska and California State registries; ``(iv) current MS registries, including the New York State MS Registry and the North American Research Committee on MS (NARCOMS) Registry; and ``(v) any other existing or relevant databases that collect or maintain information on neurological diseases and disorders identified by researchers or recommended by the Advisory Committee pursuant to subsection (c); and ``(B) provide for and conduct outreach in support of research access to Parkinson's disease and MS data as recommended by the Advisory Committee established pursuant to subsection (c) to the extent permitted by applicable statutes and regulations and in a manner that protects personal privacy consistent with applicable privacy statutes and regulations. ``(2) Coordination with other federal agencies.-- Notwithstanding the recommendations of the Advisory Committee established pursuant to subsection (c), and consistent with applicable privacy statutes and regulations, the Secretary shall ensure that epidemiological and other types of information obtained under subsections (a) and (b) are made available to agencies such as the National Institutes of Health, the Food and Drug Administration, the Department of Veterans Affairs, and the Department of Defense. ``(f) Definition.--For the purposes of this section, the term `national voluntary health association' means a national nonprofit organization with chapters, other affiliated organizations, or networks in States throughout the United States. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2010 through 2014.''.", "summary": "National MS and Parkinson's Disease Registries Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) , acting through the Director of the Agency for Toxic Substances and Disease Registry, to: (1) develop a system to collect data on multiple sclerosis (MS) and a system to collect data on Parkinson's disease; (2) establish a national surveillance system for the collection and storage of data for each such disease, including population-based registries of U.S. cases of MS and Parkinson's disease; (3) provide analysis regarding expansion of national disease surveillance systems for other neurological diseases and disorders; and (4) establish the Advisory Committee on Neurological Disease Registries. Allows the Secretary, acting through the Director, to provide for the collection, analysis, and reporting of data on MS and Parkinson's disease. Requires the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for research access to Parkinson's disease and MS data. Requires the Secretary to ensure that epidemiological and other types of information collected are made available to agencies such as the National Institutes of Health (NIH), the Food and Drug Administration (FDA), the Department of Veterans Affairs (VA), and the Department of Defense (DOD)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Master Teacher Act''. SEC. 2. MASTER TEACHER PROGRAMS. Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part E as part G; and (2) by inserting after part D the following new part: ``PART E--MASTER TEACHER PROGRAM ``SEC. 2351. FINDINGS. ``Congress makes the following findings: ``(1) The National Commission on Teaching and America's Future reports that more than 12 percent of all newly hired teachers enter the workforce with no training at all, and another 15 percent enter the workforce without having fully met State standards. ``(2) Annually, more than 50,000 people who lack the training required for their jobs have entered teaching with emergency or provisional licenses. ``(3) Only 500 of the Nation's 1,200 education schools meet common professional standards. ``(4) Fewer than 75 percent of all teachers have studied child development, and learning and teaching methods, have degrees in their subject areas, and have passed State licensing requirements. ``(5) Nearly \\1/4\\ of all secondary school teachers, and more than 30 percent of secondary school mathematics teachers, do not have even a college minor in their main subject area. ``(6) 64 percent of urban school districts allow teachers who are not certified or licensed to teach under an emergency certification or license, and 40 percent of those districts allow the hiring of long-term substitute teachers. ``SEC. 2352. PURPOSES. ``The purposes of this part are-- ``(1) to give local educational agencies the resources to establish master teacher programs; ``(2) to increase the level of student performance at elementary schools and secondary schools by improving the quality of education provided by the teachers at such schools; ``(3) to give local educational agencies the resources to fund efforts by teachers at elementary schools and secondary schools to become board certified; and ``(4) to give local educational agencies the resources to enable such agencies to provide salary incentives to teachers to become board certified. ``SEC. 2353. DEFINITIONS. ``In this part: ``(1) Board certified.--The term `board certified' means successful completion of all requirements to be certified by the National Board for Professional Teaching Standards. ``(2) Master teacher.--The term `master teacher' means a teacher who is certified by the National Board for Professional Teaching Standards and has been teaching for not less than 3 years. ``(3) Novice teacher.--The term `novice teacher' means a teacher who has been teaching for not more than 3 years at a public elementary school or secondary school. ``SEC. 2354. PROGRAM AUTHORIZED. ``(a) Authority.-- ``(1) In general.--The Secretary is authorized to award grants on a competitive basis to local educational agencies to establish master teacher programs as described in subsection (d). ``(2) Priority.--In awarding grants under paragraph (1), the Secretary shall give priority to local educational agencies that-- ``(A) provide funding assistance to teachers to become board certified, including the provision of the board certification fee to become board certified; and ``(B) provide salary incentives to teachers who become board certified. ``(3) Geographic distribution.--To the maximum extent practicable, the Secretary shall award grants under paragraph (1) so that such grants are distributed among the school districts with the highest concentration of teachers who are not certified or licensed or are provisionally certified or licensed. ``(b) Duration.--A grant under subsection (a) shall be awarded for a period of 5 years. ``(c) Amount.--The amount of a grant awarded under subsection (a), shall be determined based on-- ``(1) the total amount appropriated for a fiscal year under section 2360; and ``(2) the extent of the concentration of teachers who are not certified or licensed or are provisionally certified or licensed in the school district involved. ``(d) Authorized Activities.--The master teacher programs described in subsection (a) shall-- ``(1) provide funding assistance to teachers to become board certified, including the provision of the board certification fee; and ``(2) provide salary incentives to teachers who become board certified. ``SEC. 2355. APPLICATIONS. ``(a) In General.--A local educational agency desiring a grant under section 2354 shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(b) Contents.--Each application submitted pursuant to subsection (a) shall include-- ``(1) a statement describing the program activities for which amounts received under the grant will be used; ``(2) a statement describing the goals and objectives for the program activities described in paragraph (1), including a goal of increasing the percentage of teachers who become board certified and enhancing overall student achievement; and ``(3) a statement describing the manner in which the goals and objectives described in paragraph (2) will be measured. ``(c) Approval of Application.--The Secretary shall make a determination regarding an application submitted under subsection (a) based on a recommendation of a peer review panel described in subsection (d), and any other criteria that the Secretary determines to be appropriate. ``(d) Peer Review Panel.-- ``(1) Establishment.--The Secretary shall establish a peer review panel to review and make recommendations as to whether applications submitted pursuant to subsection (a) should be approved. ``(2) Recommendations.--In making a recommendation described in paragraph (1), the panel shall give consideration to the same factors that the Secretary is required to consider under paragraphs (2) and (3) of section 2354(a). ``SEC. 2356. PAYMENTS. ``(a) In General.--Grant payments shall be made under this part on an annual basis. ``(b) Administrative Costs.--Each local educational agency that receives a grant under section 2354 shall use not more than 2 percent of the amount awarded under the grant for administrative costs. ``(c) Denial of Grant.--If the Secretary determines that a local educational agency has failed to make substantial progress in attaining the performance objectives and goals described in section 2355(b)(2), such an agency shall not be eligible for a grant payment under this part in the next succeeding year. ``SEC. 2357. REPORTS. ``(a) Report by the Secretary.--Not later than 6 months after receipt of reports described in subsection (b), the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report of program activities funded under this part. ``(b) Report by Applicant.--Not later than March 31, 2004, each local educational agency receiving a grant under this part shall submit a report to the Secretary describing whether the program established under section 2354 was effective in increasing student achievement for all students, and in increasing the percentage of teachers who have become board certified. ``SEC. 2358. MATCHING REQUIREMENT. ``The Secretary may not award a grant to a local educational agency under section 2354 unless the local educational agency agrees that, with respect to costs to be incurred by the agency in carrying out activities for which the grant was awarded, the agency shall provide (directly or through donations from public or private entities) in non- Federal contributions an amount equal to 25 percent of the amount of the grant awarded to the agency. ``SEC. 2359. REPAYMENT OF FUNDS. ``(a) In General.--In the case of any program under this part in which assistance is provided to a teacher to pay the National Board for Professional Teaching Standard board certification fee to become board certified, assistance may only be provided if the teacher makes agreements as follows: ``(1) The teacher will enter and complete the National Board for Professional Teaching Standards board certification program to become board certified. ``(2) Upon becoming board certified, the teacher will teach in the public school system for a period of not less than 5 years. ``(b) Breach of Agreements.--A teacher receiving assistance described in subsection (a) is liable to the local educational agency that provides such assistance for the amount of the certification fee described in subsection (a) if such teacher-- ``(1) voluntarily withdraws or terminates the certification program before taking the examination for board certification; ``(2) is dismissed from the certification program before becoming board certified; or ``(3) fails to comply with the agreement under subsection (a). ``(c) Waiver or Suspension of Liability.--In the case of a teacher making an agreement under subsection (a), the Secretary shall provide for the waiver or suspension of liability under subsection (b) if compliance by the teacher with the agreements involved is impossible, would involve extreme hardship to the individual, or if enforcement of the agreement with respect to the teacher would be unconscionable. ``(d) Date Certain for Recovery.--Subject to subsection (c), any amount that a local educational agency is entitled to recover under subsection (b) shall be paid to such an agency not later than the expiration of the 3-year period beginning on the date the local educational agency becomes so entitled. ``SEC. 2360. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part, $50,000,000 for each of the fiscal years 2000 through 2004. ``PART F--COMPETENCY EXAMINATION PROGRAM ``SEC. 2361. COMPETENCY EXAMINATION GRANTS. ``(a) Examination.--The Secretary shall enter into an agreement with the Center for Science, Mathematics, and Engineering of the National Research Council of the National Academy of Sciences, under which the Center shall develop an advanced competency examination for elementary school and secondary school teachers of mathematics and science. ``(b) Grants.--The Secretary may make grants to local educational agencies to assist the agencies in supplementing the salaries of teachers that pass the examination described in subsection (a). A local educational agency that receives such a grant for a year shall provide an additional $2500 in salary for that year to teachers that have passed the examination, and that teach in schools served by the agency. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2000 through 2004.''. SEC. 3. INFORMATION CAMPAIGN. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by inserting after section 204 the following: ``SEC. 204A. INFORMATION CAMPAIGN. ``(a) General Authority.--The Secretary may enter into contracts with appropriate entities to conduct information campaigns to broaden awareness of, and encourage mid-career professionals and other qualified individuals to consider, professional opportunities relating to elementary or secondary education. ``(b) Announcements.--Announcements distributed as part of such an information campaign shall publicize the availability of Federal assistance under this Act to obtain the necessary education, and to obtain certification or licensing, for the professional opportunities. ``(c) Requirements.--The provisions of sections 205 and 206 shall not apply to assistance provided under, and activities carried out under, this section. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2000 through 2004.''.", "summary": "(Sec. 2) Revises ESEA title II to authorize the Secretary of Education to make competitive five-year grants to local educational agencies (LEAs) to establish master teacher programs that provide: (1) funding assistance to teachers to become board certified by the National Board for Professional Teaching Standards, including the provision of the board certification fee; and (2) salary incentives to teachers who become board certified. Gives priority to LEAs that already provide such assistance and incentives. Requires the Secretary to establish peer review panels to review LEA applications and make recommendations on which ones should be approved. Requires LEA matching funds. Requires teachers receiving such assistance to: (1) enter and complete the board certification program; and (2) upon becoming board certified, teach in a public school system for at least five years. Authorizes appropriations. Revises ESEA title II to authorize the Secretary to: (1) enter into an agreement with the Center for Science, Mathematics, and Engineering of the National Research Council of the National Academy of Sciences, under which the Center shall develop an advanced competency examination for elementary school and secondary school teachers of mathematics and science; and (2) make grants to LEAs to assist them in supplementing the salaries of teachers that pass such examination. Requires such LEAs to provide an additional $2,500 in salary for each grant year to teachers who have passed the examination and teach in schools served by the LEA. Authorizes appropriations. (Sec. 3) Revises HEA title II to authorize the Secretary to enter into contracts with appropriate entities to conduct information campaigns to broaden awareness of, and encourage mid-career professionals and other qualified individuals to consider, professional opportunities relating to elementary or secondary education. Requires announcements distributed as part of such information campaigns to publicize the availability of Federal assistance under HEA to obtain the necessary education, and to obtain certification or licensing, for such professional opportunities. Makes certain administrative, accountability, and evaluation provisions inapplicable to such contracts and campaigns. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Patient Right to Know Act''. (b) Findings.--Congress finds the following: (1) Patients need access to all relevant information to make appropriate decisions about their health care. (2) Open medical communications between health care providers and their patients is a key to prevention and early diagnosis and treatment, as well as to informed consent and quality, cost-effective care. (3) Open medical communications are in the best interests of patients. (4) Open medical communications must meet applicable legal and ethical standards of care. (5) It is critical that health care providers continue to exercise their best medical, ethical, and moral judgment in advising patients without interference from health plans. (6) The offering and operation of health plans affect commerce among the States. (c) Purpose.--It is the purpose of this Act to establish a Federal standard that protects medical communications between health care providers and patients. SEC. 2. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL COMMUNICATIONS. (a) Prohibition.-- (1) General rule.--The provisions of any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan (including any partnership, association, or other organization that enters into or administers such a contract or agreement) and a health care provider (or group of health care providers) shall not prohibit or restrict the provider from engaging in medical communications with his or her patient. (2) Nullification.--Any contract provision or agreement described in paragraph (1) shall be null and void. (3) Prohibition on provisions.--Effective on the date described in section 5, a contract or agreement described in paragraph (1) shall not include a provision that violates paragraph (1). (b) Rules of Construction.--Nothing in this Act shall be construed-- (1) to prohibit the enforcement, as part of a contract or agreement to which a health care provider is a party, of any mutually agreed upon terms and conditions, including terms and conditions requiring a health care provider to participate in, and cooperate with, all programs, policies, and procedures developed or operated by a health plan to assure, review, or improve the quality and effective utilization of health care services (if such utilization is according to guidelines or protocols that are based on clinical or scientific evidence and the professional judgment of the provider) but only if the guidelines or protocols under such utilization do not prohibit or restrict medical communications between providers and their patients; or (2) to permit a health care provider to misrepresent the scope of benefits covered under a health plan or to otherwise require the plan to reimburse providers for benefits not covered under the plan (c) Enforcement.-- (1) State authority.--Except as otherwise provided in this subsection, each State shall enforce the provisions of this Act with respect to health insurance issuers that issue, sell, renew, or offer health plans in the State. (2) Enforcement by secretary.-- (A) In general.--Effective on January 1, 1998, if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements of this Act with respect to health insurance issuers in the State, the Secretary shall enforce the requirements of this Act with respect to such State. (B) Enforcement through imposition of civil money penalty.-- (i) In general.--With respect to a State in which the Secretary is enforcing the requirements of this Act, an entity operating a health plan in that State that violates subsection (a) shall be subject to a civil money penalty of up to $25,000 for each such violation. (ii) Procedures.--For purposes of imposing a civil money penalty under clause (i), the provisions of subparagraphs (C) through (G) of section 2722(b)(2) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 300gg-22(b)(2)) shall apply except that the provisions of clause (i) of subparagraph (C) of such section shall not apply. (3) Self-insured plans.--Effective on January 1, 1998, the Secretary of Labor shall enforce the requirements of this section in the case of a health plan not subject to State regulation by reason of section 514(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)). (4) Rule of construction.--Nothing in this Act shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). (d) No Preemption of More Protective Laws.--A State may establish or enforce requirements with respect to the protection of medical communications, but only if such requirements are equal to or more protective of such communications than the requirements established under this section. SEC. 3. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means anyone licensed or certified under State law to provide health care services who is operating within the scope of such license. (2) Health insurance issuer.--The term ``health insurance issuer'' has the meaning given such term in section 2791(b)(2) of the Public Health Service Act (as added by the Health Insurance Portability and Accountability Act of 1996). (3) Health plan.--The term ``health plan'' means a group health plan (as defined in section 2791(a) of the Public Health Service Act (as added by the Health Insurance Portability and Accountability Act of 1996)) and any individual health insurance (as defined in section 2791(b)(5)) operated by a health insurance issuer and includes any other health care coverage provided through a private or public entity. In the case of a health plan that is an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974), any third party administrator or other person with responsibility for contracts with health care providers under the plan shall be considered, for purposes of enforcement under this section, to be a health insurance issuer operating such health plan. (4) Medical communication.-- (A) In general.--The term ``medical communication'' means any communication made by a health care provider with a patient of the health care provider (or the guardian or legal representative of such patient) with respect to-- (i) the patient's health status, medical care, or legal treatment options; (ii) any utilization review requirements that may affect treatment options for the patient; or (iii) any financial incentives that may affect the treatment of the patient. (B) Misrepresentation.--The term ``medical communication'' does not include a communication by a health care provider with a patient of the health care provider (or the guardian or legal representative of such patient) if the communication involves a knowing or willful misrepresentation by such provider. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act, except that section 2(a)(3) shall take effect 180 days after such date of enactment.", "summary": "Patient Right to Know Act - Prohibits any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan (including any partnership, association, or other organization that enters into or administers such a contract or agreement) and a health care provider (or group of health care providers) from prohibiting or restricting the provider from engaging in medical communications with his or her patient. Requires that each State shall enforce this Act with respect to health insurance issuers that sell, renew, or offer health plans in the State. Provides for enforcement of this Act by the Secretary of Health and Human Services if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements. Mandates a civil money penalty. Allows State requirements equal to or more protective of medical communications than the requirements of this Act. Defines \"medical communication\" as being a communication between a provider and a patient (or the patient's guardian or legal representative) regarding the patient's health status, medical care, or legal treatment options."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Entrepreneurial Opportunities Act''. SEC. 2. TAX INCENTIVES FOR URBAN ENTREPRENEURIAL OPPORTUNITY FINANCING SUBSIDIARIES. (a) General Rule.--Part VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to special deductions for corporations) is amended by adding at the end thereof the following new subpart: ``Subpart B--Tax Incentives for Urban Entrepreneurial Opportunity Financing Subsidiaries ``Sec. 251. Deduction for equity contributions to urban entrepreneurial opportunity financing subsidiaries. ``Sec. 252. Overall limitation on deductions. ``Sec. 253. Definitions and special rules. ``SEC. 251. DEDUCTION FOR EQUITY CONTRIBUTIONS TO URBAN ENTREPRENEURIAL OPPORTUNITY FINANCING SUBSIDIARIES. ``(a) General Rule.--In the case of a qualified contributing corporation, there shall be allowed as a deduction an amount equal to the equity contributions made by such corporation to an urban entrepreneurial opportunity financing subsidiary of such corporation. Such deduction shall be allowed for the taxable year of the contributing corporation in which the equity contribution is used by the subsidiary in making qualified enterprise zone business loans. ``(b) Limitation.--The amount allowed as a deduction under subsection (a) to any qualified contributing corporation for any taxable year shall not exceed the lesser of-- ``(1) $10,000,000, or ``(2) the portion of the program limitation allocated to such corporation under section 252 to the extent the amount so allocated was not used in a prior taxable year. ``(c) Equity Contribution.--For purposes of this section, the term `equity contribution' means-- ``(1) any amount paid in cash for stock in an urban entrepreneurial opportunity financing subsidiary of the corporation if such stock is acquired at its original issuance, and ``(2) any contribution in cash to the capital of an urban entrepreneurial opportunity financing subsidiary of the corporation. ``(d) Recapture Provisions.-- ``(1) Basis adjustment.--The adjusted basis of any stock held by a corporation in an urban entrepreneurial opportunity financing subsidiary of such corporation shall be reduced by the amount allowed as a deduction under subsection (a) in connection with the acquisition of such stock. No increase in the basis of any such stock shall be made on account of any contribution to the capital of such subsidiary for which a deduction is allowed under subsection (a). ``(2) Ordinary income recapture.--Any gain recognized on the sale or other disposition by a corporation of stock in an urban entrepreneurial opportunity financing subsidiary of such corporation shall be treated as ordinary income. ``(3) Certain events treated as dispositions.--If any urban entrepreneurial opportunity financing subsidiary of a corporation ceases to qualify as an urban entrepreneurial opportunity financing subsidiary with respect to such corporation, such corporation shall recognize gain as if it sold its stock in such subsidiary for an amount equal to its fair market value immediately before such cessation. ``SEC. 252. OVERALL LIMITATION ON DEDUCTIONS. ``(a) General Rule.--The Secretary of Housing and Urban Development shall allocate the program limitation among the qualified contributing corporations submitting applications to such Secretary for allocations under this section. ``(b) Program Limitation.--The program limitation is $250,000,000. ``(c) Method of Making Allocations.--The Secretary of Housing and Urban Development shall prescribe regulations setting forth the procedures for making allocations under this section. Such procedures shall-- ``(1) include the criteria used in selecting the corporations to which the allocations are made, and ``(2) be designed to ensure a reasonable availability, on a geographical basis, of the benefits of this subpart. ``SEC. 253. DEFINITIONS AND SPECIAL RULES. ``(a) Qualified Contributing Corporation.--For purposes of this subpart, the term `qualified contributing corporation' means any domestic corporation which is not a small business concern; except that such term shall not include any corporation predominantly engaged in a banking, insurance, finance, or similar business. ``(b) Urban Entrepreneurial Opportunity Financing Subsidiary.--For purposes of this subpart, the term `urban entrepreneurial opportunity financing subsidiary' means any domestic corporation-- ``(1) all the stock of which (exclusive of directors' qualifying shares) is held directly by one qualified contributing corporation, and ``(2) all the activities of which consist of-- ``(A) making qualified enterprise zone business loans, ``(B) providing management, administrative, consulting, and other support services to qualified small business concerns to which such corporation has made qualified enterprise zone business loans, and ``(C) making temporary investments (for a period not exceeding 6 months) of amounts being held for purposes of making qualified enterprise zone business loans. ``(c) Qualified Enterprise Zone Business Loans.--For purposes of this subpart, the term `qualified enterprise zone business loan' means any loan made by an urban entrepreneurial opportunity financing subsidiary if-- ``(1) such loan is made to a qualified small business concern and such concern is not related (within the meaning of section 267(b) or 707(b)) to such subsidiary or the qualified contributing corporation holding such subsidiary, ``(2) the proceeds of such loan are used by such qualified small business concern in the active conduct of a trade or business in an urban enterprise zone, ``(3) the urban entrepreneurial opportunity financing subsidiary provides (without charge) substantial qualified services to the qualified small business concern in connection with such loan, except that such small business concern may waive the requirements of this paragraph, and ``(4) the interest on such loan does not exceed-- ``(A) in the case of a secured loan, the prime rate plus 3 percentage points, or ``(B) in the case of any other loan, the prime rate plus 8 percentage points. ``(d) Qualified Small Business Concern.--For purposes of this subpart, the term `qualified small business concern' means any person if-- ``(1) such person is a small business concern within the meaning of section 3 of the Small Business Act (15 U.S.C. 632), and ``(2) substantially all of the activities of such person are within an urban enterprise zone. ``(e) Other Definitions and Special Rules.-- ``(1) Urban enterprise zone.--For purposes of this subpart, the term `urban enterprise zone' means-- ``(A) any urban area designated as an enterprise zone under any State law program, and ``(B) any urban area designated as an enterprise zone under Federal law. ``(2) Substantial qualified services.--For purposes of this subpart, the term `substantial qualified services' means, with respect to any loan made by an urban entrepreneurial opportunity financing subsidiary, any management, administrative, consulting, or other support services provided to the borrower under such loan, but only if the amount of such services, to be provided during the first year such loan is outstanding involve at least 1,000 man-hours for each $100,000 principal amount of such loan. ``(3) Prime rate.--For purposes of this subpart-- ``(A) In general.--The term `prime rate' means the average predominant prime rate quoted by commercial banks to large businesses, as determined by the Board of Governors of the Federal Reserve System. ``(B) When determination made.-- ``(i) Except as provided in clause (ii), the determination of the prime rate shall be made as of the time the loan is made. ``(ii) If the loan is a variable rate loan, the prime rate taken into account with respect to any change in rate shall be determined as of the time such change takes effect. ``(4) Treatment of controlled groups.--Any group of corporations treated as a single employer under section 52 (a) or (b) shall be treated as one corporation for purposes of this subpart. ``(f) Employees of Borrower May Be Taken Into Account for Certain Purposes.--If-- ``(1) a qualified contributing corporation has provided financing through an urban entrepreneurial opportunity financing subsidiary to any qualified small business concern, and ``(2) such qualified small business concern designates such subsidiary as its primary lender, such qualified contributing corporation may treat the employees of such qualified small business concern as its own employees for purposes of determining which such qualified contributing corporation is in compliance with the requirements of any Federal law. A qualified small business concern may designate only 1 urban entrepreneurial opportunity financing subsidiary is its primary lender for any period.'' (b) Clerical Amendment.--Part VIII of subchapter B of chapter 1 of such Code is amended by inserting after the part heading the following: ``Subpart A--General provisions. ``Subpart B--Tax incentives for urban entrepreneurial opportunity financing subsidiaries. ``Subpart A--General Provisions''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.", "summary": "Urban Entrepreneurial Opportunities Act - Amends the Internal Revenue Code to allow a deduction for equity contributions made by a corporation to an urban entrepreneurial opportunity financing subsidiary of such corporation. Requires the subsidiary to use such contribution in making qualified enterprise zone business loans to qualified small business concerns. Establishes an overall program limitation among the contributing corporations to be allocated by the Secretary of Housing and Urban Development."}
{"article": "SECTION 1. ELIGIBILITY OF UNITED STATES NATIONALS FOR ADVANCED TRAINING IN THE SENIOR RESERVE OFFICERS' TRAINING CORPS. Section 2104(b) of title 10, United States Code, is amended-- (1) in paragraph (1), by inserting ``or national'' after ``citizen''; (2) at the end of paragraph (6), by striking ``and''; (3) in paragraph (7), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(8) if he is a national but not a citizen of the United States, agree in writing that he will-- ``(A) if he is not a resident of a State (within the meaning of chapter 2 of title III of the Immigration and Nationality Act; 8 U.S.C. 1421-1459), become a resident of a State (within such meaning) before commencing the program for advanced training; and ``(B) file an application for naturalization within 60 days after the later of-- ``(i) the date that he meets the requirements for naturalization in section 316(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1436); or ``(ii) the date that he is accepted into the program for advanced training.''. SEC. 2. ELIGIBILITY OF UNITED STATES NATIONALS FOR FINANCIAL ASSISTANCE AS MEMBERS OF THE SENIOR RESERVE OFFICERS' TRAINING CORPS. (a) General Financial Assistance Program.--Section 2107(b) of title 10, United States Code, is amended-- (1) in paragraph (1), by inserting ``or national'' after ``citizen''; (2) at the end of paragraph (4), by striking ``and''; (3) in paragraph (5), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(6) if he is a national but not a citizen of the United States, agree in writing that he will-- ``(A) if he is not a resident of a State (within the meaning of chapter 2 of title III of the Immigration and Nationality Act; 8 U.S.C. 1421-1459) become a resident of a State (within such meaning) before commencing the financial assistance program; and ``(B) file an application for naturalization within 60 days after the later of-- ``(i) the date that he meets the requirements for naturalization in section 316(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1436); or ``(ii) the date that he is accepted into the financial assistance program.''. (b) Army Reserve and Army National Guard Financial Assistance Program.--Section 2107a(b) of title 10, United States Code, is amended-- (1) in paragraph (1), by inserting ``or national'' after ``citizen''; (2) at the end of paragraph (5), by striking ``and''; (3) in paragraph (6), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(7) if he is a national but not a citizen of the United States, agree in writing that he will-- ``(A) if he is not a resident of a State (within the meaning of chapter 2 of title III of the Immigration and Nationality Act; 8 U.S.C. 1421-1459), become a resident of a State (within such meaning) before commencing the financial assistance program; and ``(B) file an application for naturalization within 60 days after the later of-- ``(i) the date that he meets the requirements for naturalization in section 316(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1436); or ``(ii) the date that he is accepted into the financial assistance program.''. SEC. 3. CONFORMING AMENDMENT. Section 12102(b)(1) of title 10, United States Code, is amended-- (1) by striking ``or'' the first place such term appears; (2) by inserting a comma after ``United States'' the first place such term appears; and (3) by inserting ``, or is a national of the United States eligible (as provided in sections 2104(b), 2107(b), or 2107a(b) of this title) for advanced training in, or financial assistance as a member of, the Senior Reserve Officers' Training Corps'' after the close parenthesis.", "summary": "Makes U.S. nationals eligible for advanced training in the Senior Reserve Officers' Training Corps and for financial assistance as members of the Corps, provided such individuals enter into an agreement requiring: (1) residency within a State before commencement of the advanced training or financial assistance; or (2) application for naturalization within 60 days after either meeting the naturalization requirements or being accepted into the program of advanced training or financial assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Housing Benefits Enhancement Act of 2007''. SEC. 2. HOME IMPROVEMENTS AND STRUCTURAL ALTERATIONS FOR TOTALLY DISABLED MEMBERS OF THE ARMED FORCES BEFORE DISCHARGE OR RELEASE FROM THE ARMED FORCES. Section 1717 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) In the case of a member of the Armed Forces who, as determined by the Secretary, has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service, the Secretary may furnish improvements and structural alterations for such member for such disability or as otherwise described in subsection (a)(2) while such member is hospitalized or receiving outpatient medical care, services, or treatment for such disability if the Secretary determines that such member is likely to be discharged or released from the Armed Forces for such disability. ``(2) The furnishing of improvements and alterations under paragraph (1) in connection with the furnishing of medical services described in subparagraph (A) or (B) of subsection (a)(2) shall be subject to the limitation specified in the applicable subparagraph.''. SEC. 3. SPECIALLY ADAPTED HOUSING ASSISTANCE FOR DISABLED VETERANS WITH SEVERE BURNS. Section 2101 of title 38, United States Code, is amended-- (1) in subsection (a)(2), by adding at the end the following new subparagraph: ``(E) The disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).''; and (2) in subsection (b)(2)-- (A) by striking ``either'' and inserting ``any''; and (B) by adding at the end the following new subparagraph: ``(C) The disability is due to a severe burn injury (as so determined).''. SEC. 4. REPORT ON SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS. (a) In General.--Not later than December 31, 2007, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that contains an assessment of the adequacy of the authorities available to the Secretary under law to assist disabled veterans in acquiring-- (1) suitable housing units with special fixtures or movable facilities required for their disabilities, and necessary land therefor; (2) such adaptations to their residences as are reasonably necessary because of their disabilities; or (3) residences already adapted with special features determined by the Secretary to be reasonably necessary as a result of their disabilities. (b) Focus on Particular Disabilities.--The report required by subsection (a) shall pay particular attention to the needs of veterans who have disabilities that are not described in subsections (a)(2) and (b)(2) of section 2101 of title 38, United States Code. SEC. 5. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES WITH SEVERE BURN INJURIES FOR AUTOMOBILES AND ADAPTIVE EQUIPMENT. Section 3901(1) of title 38, United States Code, is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or (iii)'' and inserting ``(iii), or (iv)''; and (B) by adding at the end the following new clause: ``(iv) A severe burn injury (as determined pursuant to regulations prescribed by the Secretary); or''; and (2) in subparagraph (B), by striking ``or (iii)'' and inserting ``(iii), or (iv)''. SEC. 6. ADAPTED HOUSING ASSISTANCE FOR DISABLED MEMBERS OF THE ARMED FORCES RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY MEMBER. (a) In General.--Subsection (a) of section 2102A of title 38, United States Code, is amended-- (1) by inserting ``(1)'' before ``In the case''; (2) by striking ``disabled veteran who is described in subsection (a)(2) or (b)(2) of section 2101 of this title and'' and inserting ``person described in paragraph (2)''; (3) by striking ``such veteran's'' and inserting ``the person's''; (4) by striking ``the veteran'' and inserting ``the person''; (5) by striking ``the veteran's'' and inserting ``the person's''; and (6) by adding at the end the following new paragraph: ``(2) A person described in this paragraph is-- ``(A) a veteran who is described in subsection (a)(2) or (b)(2) of section 2101 of this title; or ``(B) a member of the Armed Forces who-- ``(i) has, as determined by the Secretary, a disability permanent in nature described in subsection (a)(2) or (b)(2) of section 2101 of this title that has incurred in the line of duty in the active military, naval, or air service; ``(ii) is hospitalized or receiving outpatient medical care, services, or treatment for such disability; and ``(iii) is likely to be discharged or released from the Armed Forces for such disability.''. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (b), by striking ``veteran'' both places it appears and inserting ``person with a disability''; and (2) in subsection (c), by striking ``veteran'' and inserting ``person''. (c) Report on Assistance for Disabled Veterans and Members of the Armed Forces Who Reside in Housing Owned by Family Member on Permanent Basis.--Not later than December 31, 2007, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the advisability of providing assistance under section 2102A of title 38, United States Code, to veterans and members of the Armed Forces described in subsection (a) of such section, as amended by subsection (a) of this section, who reside with family members on a permanent basis.", "summary": "Veterans' Housing Benefits Enhancement Act of 2007 - Authorizes the Secretary of Veterans Affairs, in the case of a member of the Armed Forces determined to have a total disability permanent in nature which was incurred or aggravated in the line of active duty, to furnish home improvements and structural alterations for the member for the disability while the member is hospitalized or receiving outpatient care, medical services, or treatment, if the Secretary determines that the member is likely to be discharged or released from the Armed Forces for such disability. Authorizes the provision of specially adapted housing assistance for: (1) disabled veterans whose disability is due to a severe burn injury; and (2) disabled members residing temporarily in housing owned by a family member. Makes veterans and members with a severe burn disability eligible for automobile and automotive adaptive equipment assistance."}
{"article": "SECTION 1. DEPARTMENT OF VETERANS AFFAIRS SEXUAL TRAUMA COUNSELING PROGRAM. (a) Extension of Period of Authority To Provide Sexual Trauma Counseling.--Subsection (a) of section 1720D of title 38, United States Code, is amended-- (1) by striking out ``December 31, 1995,'' in paragraph (1) and inserting in lieu thereof ``December 31, 1998,''; and (2) by striking out ``December 31, 1994,'' in paragraph (3) and inserting in lieu thereof ``December 31, 1998,''. (b) Period of Eligibility To Seek Counseling.--(1) Such subsection is further amended-- (A) by striking out paragraph (2); and (B) by redesignating paragraph (3) (as amended by subsection (a)(2)) as paragraph (2). (2) Section 102(b) of the Veterans Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4946; 38 U.S.C. 1720D note) is repealed. (c) Repeal of Limitation on Period of Receipt of Counseling.-- Section 1720D of title 38, United States Code, is further amended-- (1) by striking out subsection (b); and (2) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively. (d) Increased Priority of Care.--Section 1712(i) of title 38, United States Code, is amended-- (1) in paragraph (1)-- (A) by inserting ``(A)'' after ``To a veteran''; and (B) by inserting ``, or (B) who is eligible for counseling under section 1720D of this title, for the purposes of such counseling'' before the period at the end; and (2) in paragraph (2)-- (A) by striking out ``, (B)'' and inserting in lieu thereof ``or (B)''; and (B) by striking out ``, or (C)'' and all that follows through ``such counseling''. (e) Program Revision.--(1) Section 1720D of title 38, United States Code, is further amended-- (A) by striking out ``woman'' in subsection (a)(1); (B) by striking out ``women'' in subsection (b)(2)(C) and in the first sentence of subsection (c), as redesignated by subsection (c); and (C) by striking out ``women'' in subsection (c)(2), as so redesignated, and inserting in lieu thereof ``individuals''. (2)(A) The heading of such section is amended to read as follows: ``Sec. 1720D. Counseling for sexual trauma''. (B) The item relating to such section in the table of sections at the beginning of chapter 17 of such title is amended to read as follows: ``1720D. Counseling for sexual trauma.''. (f) Information on Counseling by Telephone.--(1) Paragraph (1) of section 1720D(c) of title 38, United States Code, as redesignated by subsection (c) of this section, is amended by striking out ``may'' and inserting in lieu thereof ``shall''. (2) In providing information on counseling available to veterans through the information system required under section 1720D(c)(1) of title 38, United States Code (as amended by this section), the Secretary of Veterans Affairs shall ensure-- (A) that the telephone system described in such section is operated by Department of Veterans Affairs personnel who are trained in the provision to persons who have experienced sexual trauma of information about the care and services relating to sexual trauma that are available to veterans in the communities in which such veterans reside, including care and services available under programs of the Department (including the care and services available under section 1720D of such title) and from non-Department agencies or organizations; (B) that such personnel are provided with information on the care and services relating to sexual trauma that are available to veterans and the locations in which such care and services are available; (C) that such personnel refer veterans seeking such care and services to appropriate providers of such care and services (including care and services that are available in the communities in which such veterans reside); (D) that the telephone system is operated in a manner that protects the confidentiality of persons who place telephone calls to the system; and (E) that the telephone system operates at all times. (3) The Secretary shall ensure that information about the availability of the telephone system is visibly posted in Department medical facilities and is advertised through public service announcements, pamphlets, and other means. (4) Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the operation of the telephone system required under section 1720D(c)(1) of title 38, United States Code (as so amended). The report shall set forth the following: (A) The number of telephone calls placed to the system during the period covered by the report, with a separate display of (i) the number of calls placed to the system from each State (as such term is defined in section 101(20) of title 38, United States Code) during that period, and (ii) the number of persons who placed more than one call to the system during that period. (B) The types of sexual trauma described to personnel operating the system by persons placing calls to the system. (C) A description of the difficulties, if any, experienced by persons placing calls to the system in obtaining care and services for sexual trauma in the communities in which such persons live, including care and services available from the Department and from non-Department agencies and organizations. (D) A description of the training provided to the personnel operating the system. (E) The recommendations and plans of the Secretary for the improvement of the system. (5) The Secretary shall commence operation of the telephone system required under section 1720D(c)(1) of title 38, United States Code (as so amended), not later than 180 days after the date of the enactment of this Act. SEC. 2. REPORT RELATING TO DETERMINATIONS OF SERVICE CONNECTION FOR SEXUAL TRAUMA. (a) Report.--The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing the Secretary's assessment of-- (1) the difficulties that veterans encounter in obtaining from the Department of Veterans Affairs determinations that disabilities relating to sexual trauma resulting from events that occurred during active duty are service-connected disabilities; and (2) the extent to which Department personnel fail to make determinations that such disabilities are service-connected disabilities. (b) Recommendations.--The Secretary shall include in the report the Secretary's recommendations for actions to be taken to respond in a fair manner to the difficulties described in the report and to eliminate failures to make determinations that such disabilities are service-connected disabilities. (c) Definition.--In this section, the term ``sexual trauma'' means the immediate and long-term physical or psychological trauma resulting from rape, sexual assault, aggravated sexual abuse (as such term is described in section 2241 of title 18, United States Code), sexual harassment, or other act of sexual violence. (d) Deadline for Report.--The report required by this section shall be submitted not later than June 30, 1994. SEC. 3. COORDINATORS OF WOMEN'S SERVICES. (a) Requirement of Full-time Service.--Section 108 of the Veterans Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4948; 38 U.S.C. 1710 note) is amended-- (1) by inserting ``(a)'' before ``The Secretary''; and (2) by adding at the end the following: ``(b) Each official who serves in the position of coordinator of women's services under subsection (a) shall so serve on a full-time basis.''. (b) Additional Responsibilities.--Subsection (a) of such section (as designated by subsection (a) of this section) is further amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph (5): ``(5) Facilitating communication between women veterans coordinators under the jurisdiction of such regional coordinator and the Under Secretary for Health and the Secretary.''. (c) Support for Women's Services Coordinators.--The Secretary of Veterans Affairs shall take appropriate actions to ensure that-- (1) sufficient funding is provided to each Department of Veterans Affairs facility in order to permit the coordinator of women's services to carry out the responsibilities of the coordinator at the facility; (2) sufficient clerical and communications support is provided to each such coordinator for that purpose; and (3) each such coordinator has direct access to the Director or Chief of Staff of the facility to which the coordinator is assigned.", "summary": "Amends the Veterans Health Care Act of 1992 and Federal veterans' benefits provisions to: (1) extend through December 31, 1998, the authority of the Department of Veterans Affairs to provide sexual trauma counseling at Department facilities as well as through non-Department providers; (2) remove a requirement that veterans seek such counseling within a specified period after discharge; (3) remove the current one-year limit on the length of such counseling; (4) make the provision of such counseling equal in priority to the provision of Department outpatient services; (5) authorize the Department to provide such counseling to all veterans (currently, only women); and (6) require (current law authorizes) the provision of a 24-hour toll-free telephone number for the provision of sexual trauma crisis counseling. Directs the Secretary of Veterans Affairs to make certain reports with respect to: (1) the operation of the telephone hotline; and (2) the difficulties veterans encounter in obtaining from the Department determinations that disabilities relating to sexual trauma are service-connected. Modifies responsibilities of Department coordinators of women's services. Requires the Secretary to ensure that such coordinators are provided sufficient resources to carry out such responsibilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety and Fuel Economy (SAFE) Act''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) Automobile fuel economy standards have played an important role in mitigating the increased consumption of gasoline and have resulted in lower fuel costs to consumers. (2) Such standards and the successful response of automobile manufacturers to those standards have been very effective in increasing automobile fuel efficiency, resulting in a near doubling of the passenger automobile fleet fuel economy between 1975 and the present. (3) In recent years, the average automobile fuel economy of the fleets of many automobile manufacturers has actually declined, while the size and horsepower of the fleets have increased. Overall, automobile and light truck average fuel economy in 2000 was at its lowest in 20 years. (4) Several Government studies agree that increased fuel efficiency is possible utilizing currently available technology and without significant changes in the size, mix, or performance of the fleet of automobiles. In addition, the safety of the current fleet of automobiles can be maintained and potentially improved through improved safety features. (5) With appropriate lead time, and by utilizing technology currently in production, passenger automobile average fuel economy of between 38 and 45 miles per gallon has been estimated by various experts to be feasible without significant changes in automobile size or performance. When technology currently in development becomes available, even higher levels of average fuel economy are possible. (6) Improved automobile average fuel economy standards can reduce carbon dioxide emissions, improve air quality, and potentially mitigate against global warming. SEC. 3. IMPROVING CRASH SAFETY OF AUTOMOBILES AND LIGHT TRUCKS IN COLLISIONS. (a) In General.--Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 30128. Crash safety of automobiles and light trucks in collisions ``(a) Motor Vehicle Safety Standard.-- ``(1) Notice of proposed rulemaking.--Not later than June 1, 2002, the Secretary of Transportation shall issue a notice of proposed rulemaking to prescribe a new Federal motor vehicle safety standard to improve the crash safety of automobiles and light trucks in collisions. ``(2) CRAGG index.--The new standard prescribed under this subsection shall include a Crash Aggressivity index (in this section referred to as a `CRAGG index') that-- ``(A) measures the aggressivity of a motor vehicle; ``(B) takes into account the stiffness, structure height, and mass of a vehicle; and ``(C) substantially improves the present crash safety of automobiles and light trucks by reducing the aggressivity of such vehicles. ``(3) Final rule.--Notwithstanding any other provision of law, the Secretary shall complete a rulemaking to prescribe such a standard by issuing, not later than June 1, 2003, a final rule with any provision the Secretary considers appropriate, consistent with this subsection and the requirements of section 30111 of title 49, United States Code. ``(4) Effective date.--The Secretary shall specify in the final rule issued under this subsection that the rule-- ``(A) shall become effective in phases as rapidly as practicable, beginning September 1, 2005; and ``(B) shall be fully effective for all vehicles identified in section 30127(b) of title 49, United States Code, that are manufactured on and after September 1, 2009. ``(b) Disclosure of CRAGG Index Ratings to Purchasers.-- ``(1) Disclosure by manufacturers.--The Secretary of Transportation shall issue regulations that require that motor vehicle manufacturers-- ``(A) report CRAGG index ratings for each model year after model year 2005; ``(B) submit the first such report by no later than August 1, 2005, and submit such reports by August 1 of each year thereafter; and ``(C) conspicuously post on each new motor vehicle at the point of sale the CRAGG index rating for the vehicle, beginning September 1, 2005. ``(2) Disclosure by secretary.--The Secretary shall also post on the Department of Transportation's Internet website, beginning September 1, 2005-- ``(A) comparative CRAGG index ratings, by make and model; and ``(B) an identification of the 10 motor vehicles with the greatest aggressivity, by CRAGG index rating, each year. ``(c) Annual Report.--The Secretary of Transportation shall annually report to the Congress on January 1 of each year beginning in 2004 on the progress made in improving the crash safety of automobiles and light trucks in collisions. Such report shall address the comparative improvement in the aggressivity of new vehicles as measured by the CRAGG index and the number of fatalities caused by the aggressivity of light trucks and sport utility vehicles in collisions with other vehicles. ``(d) Revision of Standard.--On September 1, 2007, the Secretary of Transportation shall issue an advanced notice of proposed rulemaking to determine if substantial improvement has been made in the crash safety of automobiles and light trucks that are subject to the Federal motor vehicle safety standard prescribed under subsection (a). If substantial improvement has not been made, the Secretary shall issue a notice of proposed rulemaking by March 1, 2008, to revise such standard to further increase crash comparability. If initiated, the Secretary shall complete the rulemaking required by this subsection by issuing a new final rule not later than March 1, 2009. The Secretary shall specify in the rule that the rule shall become effective in phases as rapidly as practicable, beginning September 1, 2010. The rule shall become fully effective for all vehicles identified in section 30127(b), title 49, United States Code, that are manufactured on and after September 1, 2012. ``(e) Phased-In Requirements.-- ``(1) In general.--If the Secretary of Transportation fails to meet any of the deadlines in subsections (a) through (d) of this section with respect to any motor vehicle, motor vehicles with respect to which such deadline applied having a gross vehicle weight rating less than 10,000 pounds that are manufactured by each manufacturer must satisfy the requirements described in paragraph (2) in accordance with the following phase-in schedule: ``(A) 20 percent of such vehicles manufactured by a manufacturer in the first year after the date the deadline is not met must satisfy such requirements. ``(B) 40 percent of such vehicles manufactured by a manufacturer in the second year after the date the deadline is not met must satisfy such requirements. ``(C) 60 percent of such vehicles manufactured by a manufacturer in the third year after the date the deadline is not met must satisfy such requirements. ``(D) 80 percent of such vehicles manufactured by a manufacturer in the fourth year after deadline is not met must satisfy such requirements. ``(E) All such vehicles manufactured by a manufacturer after the fourth year after the date the deadline is not met must satisfy such requirements. ``(2) Requirements.--The requirements referred to in paragraph (1) are the following, in the frontal barrier crash test defined in section 571.208 S5.1 of title 49, Code of Federal Regulations, conducted with a load cell barrier: ``(A) The height of the center of force as determined by a 30 mile per hour crash into a load cell barrier shall not be greater than 22 inches (55 centimeters). ``(B) For any vehicle with a curb weight greater than 3,500 pounds, the dynamic stiffness shall not be greater than the number determined by multiplying-- ``(i) 50,000 pounds; by ``(ii) the number determined by dividing-- ``(I) 33,000; by ``(II) the number determined by subtracting the weight of the vehicle (in pounds) from 20,000. ``(f) Advisory Committees.--The Secretary of Transportation shall ensure that-- ``(1) any Federal advisory committee, task force, or other entity concerned with vehicle compatibility includes a balance of representatives from consumer and safety organizations, insurers, manufacturers, and suppliers; and ``(2) such consumer and safety organization representatives are selected from among organizations that do not receive any significant funding from motor vehicle manufacturers and their affiliates. ``(g) Definitions.-- ``(1) Automobile; light truck.--Each of the terms `automobile' and `light truck' has the meaning set forth in section 32901 of this title. ``(2) Aggressivity.--The term `aggressivity' means the degree to which the front of a motor vehicle, in a collision with another motor vehicle-- ``(A) inflicts damage to the other motor vehicle; and ``(B) causes injury to the occupants of the other motor vehicle.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30127 the following: ``30128. Crash safety of automobiles and light trucks in collisions.''. SEC. 4. INCREASED AVERAGE FUEL ECONOMY STANDARDS FOR PASSENGER AUTOMOBILES AND LIGHT TRUCKS. (a) Increased Standards.--Section 32902 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``Non-Passenger Automobiles.--'' and inserting ``Prescription of Standards by Regulation.--''; and (B) by striking ``(except passenger automobiles)'' and inserting ``(except passenger automobiles and light trucks)''; and (2) by amending subsection (b) to read as follows: ``(b) Standards for Passenger Automobiles and Light Trucks.-- ``(1) Passenger automobiles, generally.--The average fuel economy standard for passenger automobiles manufactured by a manufacturer-- ``(A) after model year 2003 shall be 30.0 miles per gallon; and ``(B) after model year 2005 shall be 32.5 miles per gallon. ``(2) Light trucks.--The average fuel economy standard for light trucks manufactured by a manufacturer-- ``(A) after model year 2003 shall be 23.0 miles per gallon; and ``(B) after model year 2005 shall be 25.5 miles per gallon. ``(3) Combined standard.--The average fuel economy standard for the combination of passenger automobiles and light trucks manufactured by a manufacturer-- ``(A) after model year 2007 shall be 32.0 miles per gallon; ``(B) after model year 2009 shall be 36.0 miles per gallon; and ``(C) after model year 2011 shall be 40.0 miles per gallon.''. (b) Definition of Light Truck.-- (1) In general.--Section 32901(a) of title 49, United States Code, is amended by adding at the end the following: ``(17) `light truck' means an automobile that the Secretary decides by regulation-- ``(A) is manufactured primarily for transporting not more than 10 individuals; ``(B) is rated at not more than 8,500 pounds gross vehicle weight; and ``(C) is not a passenger automobile.''. (2) Deadline for regulations.--The Secretary of Transportation-- (A) shall issue proposed regulations implementing the amendment made by this subsection by not later than 6 months after the date of the enactment of this Act; and (B) shall issue final regulations implementing such amendment by not later than one year after the date of the enactment of this Act. (c) Conforming Amendments.--(1) Section 32902(c) of title 49, United States Code, is amended-- (A) in paragraph (1), by striking ``the standard'' and inserting ``a standard''; and (B) in paragraph (2), by striking ``increases the standard above 27.5 miles per gallon, or decreases the standard below 26.0 miles per gallon,'' and inserting ``increases the standard above the standard that would otherwise apply under subsection (b), or decreases the standard by more than 1.5 miles per gallon below the standard that would otherwise apply under subsection (b),''. (d) Application.--The amendments made by this section shall apply beginning on January 1, 2006. (e) Applicability of Existing Standards.--This section does not affect the application of section 32902 of title 49, United States Code, to passenger automobiles and light trucks manufactured before model year 2007. SEC. 5. FUEL ECONOMY STANDARDS FOR AUTOMOBILES UP TO 10,000 POUNDS GROSS VEHICLE WEIGHT. (a) Vehicles Defined as Automobiles.--Section 32901(a)(3) of title 49, United States Code, is amended by striking ``6,000'' each place it appears and inserting ``8,500''. (b) Application Date.--The amendment made by subsection (a) shall apply beginning on January 1, 2006. SEC. 6. IMPROVEMENT OF CALCULATION OF AVERAGE FUEL ECONOMY. (a) In General.--Section 32904(a) of title 49, United States Code, is amended-- (1) by inserting ``(1)'' before the first sentence; (2) in paragraph (1) (as so designated), in the second sentence by inserting ``and subject to paragraph (2) of this subsection,'' after ``of this title,''; and (3) by adding at the end the following: ``(2) Calculations and testing procedures prescribed by the Secretary under paragraph (1) shall ensure that average fuel economy calculated under this subsection-- ``(A) reflects, and is determined under conditions that include, actual driving conditions; and ``(B) is not an optimized number that results solely from tests performed under laboratory conditions.''. (b) Application.--The amendment made by subsection (a) shall apply with respect to automobiles manufactured after model year 2005. (c) Regulations.--The Administrator of the Environmental Protection Agency shall issue regulations that implement the amendments made by subsection (a) by not later than December 31, 2002.", "summary": "Safety and Fuel Economy (SAFE) Act - Amends Federal transportation law to direct the Secretary of Transportation to issue a notice of proposed rulemaking to prescribe a new Federal motor vehicle safety standard to improve the crash safety of automobiles and light trucks in collisions. Directs the Secretary to issue regulations that require motor vehicle manufacturers to disclose CRAGG index ratings to purchasers of new motor vehicles after model year 2005. Establishes the CRAGG (Crash Aggressivity) index as one that: (1) measures a motor vehicle's aggressivity; (2) takes into account its stiffness, structure height, and mass; and (3) substantially improves the present crash safety of automobiles and light trucks by reducing their aggressivity. Defines \"aggressivity\" as the degree to which the front of a motor vehicle in a collision with another motor vehicle inflicts damage to the other vehicle and causes injury to its occupants.Sets forth average fuel economy standards for passenger automobiles and light trucks manufactured after model years 2003, 2005, 2007, 2009, and 2011."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ninth Circuit Court of Appeals Reorganization Act of 2000''. SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter before the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ Arizona, California, Nevada.''; and (B) by inserting between the last 2 items the following: ``Twelfth...................... Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, Washington.''. SEC. 3. NUMBER OF CIRCUIT JUDGES. The table in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth..................................................... 20''; and (2) by inserting between the last 2 items the following: ``Twelfth................................................... 8''. SEC. 4. PLACES OF CIRCUIT COURT. The table in section 48(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ San Francisco, Los Angeles.''; and (2) by inserting between the last 2 items at the end the following: ``Twelfth...................... Portland, Seattle.''. SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES. Each circuit judge in regular active service of the former ninth circuit whose official station on the day before the effective date of this Act-- (1) is in Arizona, California, or Nevada is assigned as a circuit judge of the new ninth circuit; and (2) is in Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, or Washington is assigned as a circuit judge of the twelfth circuit. SEC. 6. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior judge of the former ninth circuit on the day before the effective date of this Act may elect to be assigned to the new ninth circuit or to the twelfth circuit and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 7. SENIORITY OF JUDGES. The seniority of each judge-- (1) who is assigned under section 5 of this Act; or (2) who elects to be assigned under section 6 of this Act; shall run from the date of commission of such judge as a judge of the former ninth circuit. SEC. 8. APPLICATION TO CASES. The provisions of the following paragraphs of this section apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) If the matter has been submitted for decision, further proceedings in respect of the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after the effective date as provided in paragraph (1), shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. SEC. 9. DEFINITIONS. In this Act, the term-- (1) ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 2(2); and (3) ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 2(3). SEC. 10. ADMINISTRATION. The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. Such court shall cease to exist for administrative purposes on July 1, 2002. SEC. 11. EFFECTIVE DATE. This Act and the amendments made by this Act shall become effective on October 1, 2000.", "summary": "Assigns circuit judges of the former ninth circuit to either of the two new circuits based upon their official station, with senior judges permitted election of assignment."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast College Revitalization Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) Approximately 30 institutions of higher education in the Gulf Coast region, serving approximately 100,000 students, directly sustained damage from Hurricane Katrina. (2) The approximately 30 institutions of higher education in the Gulf Coast region impacted by Hurricane Katrina employed approximately 30,000 faculty, administrators, and staff. (3) Revitalizing institutions of higher education in the Gulf Coast region will be a vital element in attracting middle and upper income families back to the Gulf Coast region, and in ensuring sustained economic recovery to the region's lower income families. (4) Revitalizing the Gulf Coast economy will depend on providing a highly skilled workforce. (5) The return of qualified academic professionals and administrators is a vital element in the revitalization of affected institutions of higher education in the Gulf Coast region. (6) Students from throughout the Nation who attend institutions of higher education in the Gulf Coast region, and their families, contribute significantly to the local economy. (7) Many of the scientific, health, technology, and cultural industries of the Gulf Coast region are dependant on local institutions of higher education. (8) Hundreds of other institutions of higher education throughout America and their students are accommodating victims of the Gulf hurricane disasters. (b) Sense of Congress.--It is the sense of Congress that the assistance provided under this Act to revitalize affected institutions of higher education in the Gulf Coast region is a first step toward revitalizing and restoring the economic, social, and cultural prosperity of the entire Gulf Coast region. SEC. 3. INSTITUTIONAL GRANTS FOR RECRUITMENT AND RETENTION. (a) Purpose.--The purpose of this section is to support affected institutions of higher education in their efforts to revitalize their communities following the Gulf hurricane disasters. (b) Program Authorized.-- (1) Authority.--The Secretary shall award grants to institutions of higher education adversely affected by a Gulf hurricane disaster to assist the affected institutions in recruiting and retaining students and retaining faculty. The Secretary shall award grants under this Act as soon as possible, but no later than 6 months after the date of the enactment of this Act. (2) Duration; limitation.--Each grant awarded to an affected institution under this section shall be awarded for a period of 5 years, and may not be renewed. An affected institution may not receive more than one grant under this section. (3) Use of funds.-- (A) Aid to students.--Not less than 50 percent of the funds made available by a grant under this section shall be used by an affected institution to provide need-based aid to students attending the affected institution for academic year 2005-2006, and each of the 4 succeeding academic years, for purposes of attracting new and returning students to enroll in such affected institution. Such need-based aid may include-- (i) assisting enrolled students with tuition, fees, and textbook expenses; (ii) employing enrolled students to assist in rebuilding facilities of the affected institution; (iii) providing room and board assistance for enrolled students living on campus; (iv) attracting and retaining first- generation students, minority students, and other at-risk or underserved populations; (v) creating innovative work and study incentives for enrolled students; and (vi) any other aid deemed necessary by the institution and approved by the Secretary. (B) Incentives for faculty.--Not more than 50 percent of the funds made available by a grant under this section shall be used by an affected institution to provide incentives for faculty employed by an affected institution to remain in the Gulf Coast region at such affected institution or, if such affected institution is unable to continue to employ such faculty, at another affected institution. Such incentives may include-- (i) employing returning faculty to assist in rebuilding facilities of the affected institution; (ii) developing and providing temporary housing for returning faculty and their dependents who have been displaced from their homes; (iii) continuing salaries and health benefits for returning faculty for up to one year; (iv) providing tuition assistance for returning faculty and their dependents; (v) creating innovative work and research incentives for returning faculty; and (vi) any other incentives deemed necessary by the institution and approved by the Secretary. (C) Institutional promotion.--Not more than 5 percent of the funds made available by a grant under this section shall be used by an affected institution to promote the institution at job and college fairs, and through the media. (4) Prevailing wages.--Wages paid, for purposes of rebuilding an affected institution's facilities under paragraph (3)(A)(ii) or paragraph (3)(B)(i), to students or faculty in whole or in part with grant funds received under this section for employment as laborers, mechanics, or service employees shall be paid at rates not less than those prevailing in the locality as determined by the Secretary of Labor in accordance with sections 3141, 3142, and 3145 of title 40, United States Code or section 351 of title 41, United States Code, as the case may be. Notwithstanding any other provision of law, the requirements of this paragraph shall not be waived or suspended. (c) Applications.--An institution of higher education desiring a grant under this section shall submit an application to the Secretary within 90 days of the date of enactment of this Act, in such manner, and accompanied by such information as the Secretary may require. Each application shall-- (1) demonstrate that the institution is an affected institution as defined in section 6; (2) specify the amount of grant funds requested; (3) demonstrate the need of the institution for such grant by including in the application-- (A) evidence that, as a result of a Gulf hurricane disaster, the institution suffered a direct and significant economic impact and a decline in student enrollment, hindering the institution's ability to continue full operation; (B) evidence that, as a result of a Gulf hurricane disaster, the institution lost resources necessary to retain faculty, hindering the institution's ability to continue full operation; (C) an assessment of damage to the infrastructure of the institution as a result of a Gulf hurricane disaster; (D) information regarding additional needs created by a Gulf hurricane disaster; and (E) other relevant data; and (4) contain a description of the institution's plan to carry out the purposes of this section. (d) Priority.--The Secretary shall give priority in awarding grants under this section to affected institutions most in need, as determined by the Secretary. (e) Reporting Requirements; Reviews.-- (1) Reports.--Each affected institution receiving a grant under this section shall report to the Secretary no later than September 30 of each year of the 5-year period for which the grant is awarded. (2) Contents.--The report shall include-- (A) data on the populations served under this section; (B) a description of the use of the grant funds received under this section, including a description of programs developed with such funds; (C) a financial statement accounting for the use of the grant funds; and (D) data on the impact of the grant on enrollment and retention at the institution, including data on the numbers and percentages of new and returning students, and the number and percentage of faculty that have been retained. (3) Reviews.--The Secretary shall conduct periodic reviews to ensure that grant funds are being properly managed, and that the programs using such funds are achieving their intended outcomes. (f) Availability of Funds.--There shall be available to the Secretary to carry out this section, from funds not otherwise appropriated, $3,000,000,000 for fiscal year 2006, which shall remain available through fiscal year 2010. SEC. 4. LOAN FORGIVENESS. (a) Statement of Purpose.--The purpose of this section is to encourage students to continue attending, and to earn degrees from, affected institutions of higher education. (b) Program Authorized.--The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1040), and of canceling the obligation to repay a qualified loan amount for a loan made under part D or E of such title IV, in accordance with subsection (c), for any borrower, who-- (1) returns to or enrolls in an affected institution of higher education in academic year 2005-2006, 2006-2007, or 2007-2008; (2) obtains an associate's degree or a bachelor's degree from such institution; and (3) is not in default on a loan for which the borrower seeks forgiveness. (c) Qualified Loan Amount.-- (1) Associate's degree.--Upon completion of an associate's degree from an affected institution, the Secretary shall repay-- (A) in the case of a full-time student, $2,500 for each academic year of enrollment at such affected institution; or (B) in the case of a student enrolled less than full-time, $2,500 for the equivalent of one academic year of enrollment as a full-time student at such affected institution, as determined by the Secretary; not to exceed $5,000. (2) Bachelor's degree.--Upon completion of a bachelor's degree from an affected institution, the Secretary shall repay-- (A) in the case of a full-time student, $2,500 for each academic year of enrollment at such affected institution; or (B) in the case of a student enrolled less than full-time, $2,500 for the equivalent of one academic year of enrollment as a full-time student at such affected institution, as determined by the Secretary; not to exceed $10,000. (3) Limitation.--The Secretary shall repay not more than the total outstanding federal loan obligation of the student, or $10,000, whichever is less. (4) Prevention of abuse.--The Secretary is authorized to issue such regulations as may be necessary to prevent borrowers from receiving repayment under this section for an excessive period of enrollment in comparison to the enrollment period which the Secretary determines is appropriate to obtain an associate's or a bachelor's degree. (5) Academic year of enrollment.--For the purpose of calculating loan repayment under this section, the term ``academic year of enrollment'' means the academic year in which an affected institution reopens, or any subsequent academic year. (d) Priority.--The Secretary shall give priority in awarding grants under this section to students most in need, as determined by the Secretary. (e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. (f) Availability of Funds.--There shall be available to the Secretary to carry out this section, from funds not otherwise appropriated, $1,600,000,000 for fiscal year 2006, which shall remain available through fiscal year 2013. SEC. 5. REGULATIONS. The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this Act. SEC. 6. EMERGENCY DESIGNATIONS. Sections 3 and 4 of this Act are designated as emergency requirements pursuant to section 402 of H. Con. Res. 95 (109th Congress). SEC. 7. DEFINITIONS. For the purposes of this Act: (1) Affected institution.--The term ``affected institution'' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002))-- (A) located in an area affected by a Gulf hurricane disaster; and (B) that was forced to close, relocate, or significantly curtail its activities as a result of damage directly sustained by a Gulf hurricane disaster. (2) Faculty.--The term ``faculty'' means academic professionals, administrators, and staff employed by an affected institution-- (A) in the case of an institution located in an area affected by Hurricane Katrina, as of August 29, 2005; or (B) in the case of an institution located in an area affected by Hurricane Rita, as of September 24, 2005. (3) Gulf hurricane disaster.--The term ``Gulf hurricane disaster'' means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and that was caused by Hurricane Katrina or Hurricane Rita. (4) Area affected by a gulf hurricane disaster.--The term ``area affected by a Gulf hurricane disaster'' means a county or parish, in an affected State, that has been designated by the Federal Emergency Management Agency for disaster assistance for individuals and households as a result of Hurricane Katrina or Hurricane Rita. (5) Affected state.--The term ``affected State'' means the State of Alabama, Louisiana, Mississippi, or Texas.", "summary": "Gulf Coast College Revitalization Act - Expresses the sense of Congress that the assistance provided under this Act to revitalize institutions of higher education (IHE) affected by Hurricane Katrina or Hurricane Rita is a first step toward revitalizing and restoring the economic, social, and cultural prosperity of the entire Gulf Coast region. Directs the Secretary (of Education) to award grants to IHEs adversely affected by a Gulf hurricane disaster to assist the affected institutions in recruiting and retaining students and retaining faculty. Directs the Secretary to assume or cancel repayment obligations for qualified loan amounts under specified student loan programs under the Higher Education Act of 1965 for certain borrowers who return to or enroll in such affected IHEs in academic years 2005\u00962006, 2006\u00962007, or 2007\u00962008, and obtain associate\u0092s or bachelor\u0092s degrees from such IHEs. Designates such provisions for institutional grants and student loan forgiveness under this Act as emergency requirements pursuant to specified budget provisions of H. Con. Res. 95 of the 109th Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Conservation Act of 2010''. SEC. 2. HOME ENERGY CONSERVATION BONDS. (a) In General.--Subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 54G. HOME ENERGY CONSERVATION BONDS. ``(a) Home Energy Conservation Bond.--For purposes of this subchapter, the term `home energy conservation bond' means any bond issued as part of an issue if-- ``(1) 100 percent of the available project proceeds of such issue are to be used to make qualified residential energy efficiency assistance grants and loans, ``(2) not less than 20 percent of the available project proceeds of such issue are to be used to make qualified low- income residential energy efficiency assistance grants and loans, ``(3) not less than 10 percent of the available project proceeds of such issue are to be used to make qualified very low-income residential energy efficiency assistance grants, ``(4) repayments of principal and applicable interest on financing provided by the issue are used not later than the close of the 3-month period beginning on the date the prepayment (or complete repayment) is received to redeem bonds which are part of the issue or to make qualified residential energy efficiency assistance grants and loans, ``(5) the bond is issued by a State or local government, and ``(6) the issuer designates such bond for purposes of this section. ``(b) Limitation on Amount of Bonds Designated.--The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated under subsection (d) to such issuer. ``(c) National Limitation on Amount of Bonds Designated.--There is a national home energy conservation bond limitation of $2,400,000,000. ``(d) Allocations.-- ``(1) In general.--The limitation under subsection (c) shall be allocated by the Secretary among the States in proportion to the population of the States. ``(2) Allocations to largest local governments.-- ``(A) In general.--In the case of any State in which there is a large local government, each such local government shall be allocated a portion of such State's allocation which bears the same ratio to the State's allocation (determined without regard to this subparagraph) as the population of such large local government bears to the population of such State. ``(B) Allocation of unused limitation to state.-- The amount allocated under this subsection to a large local government may be reallocated by such local government to the State in which such local government is located. ``(C) Large local government.--For purposes of this section, the term `large local government' means any municipality or county if such municipality or county has a population of 500,000 or more. ``(e) Qualified Residential Energy Efficiency Assistance Grants and Loans.--For purposes of this section-- ``(1) In general.--Qualified residential energy efficiency assistance grants and loans are any grant or low-interest loan, as the case may be, to acquire (including reasonable installation and testing costs) any of the following: ``(A) Any property which meets (at a minimum) the requirements of the Energy Star program and which is to be installed in a dwelling unit. ``(B) Any property not described in subparagraph (A) which meets (at a minimum) the requirements of the Water Sense program and which is to be installed in a dwelling unit. ``(C) Any improvements to a dwelling unit which are made pursuant to a plan which-- ``(i) is developed by a Residential Energy Services Network (RESNET), Building Performance Institute (BPI), or equivalent, energy efficiency expert, and ``(ii) is certified by such energy efficiency expert (based on testing done before and after such improvements) as resulting in at least a 20 percent reduction in total household energy consumption related to heating, cooling, lighting, and appliances. For purposes of this subparagraph, improvements to a dwelling unit for basic health and safety may be taken into account to the extent that such improvements do not exceed 10 percent of the value of the grant or loan and are required under State or local law as a condition of making the other improvement described in this subparagraph. ``(2) Dollar limitations.-- ``(A) Dwelling unit improvements.-- ``(i) In general.--Such term shall not include any grant or loan for improvements described in paragraph (1)(C) with respect to any dwelling unit to the extent that such grant or loan (when added to all other grants or loans for such improvements) exceeds $5,000. ``(ii) Increased limitation for certain principal residences.--In the case of a dwelling unit which is used as a principal residence (within the meaning of section 121) by the recipient of the grant or loan referred to in clause (i)-- ``(I) clause (i) shall be applied by substituting `$12,000' for `$5,000' if such grant or loan would satisfy the requirements of paragraph (1)(C) if such paragraph were applied by substituting `40 percent' for `20 percent', and ``(II) in any case to which subclause (I) does not apply, clause (i) shall be applied by substituting `$8,000' for `$5,000' if such grant or loan would satisfy the requirements of paragraph (1)(C) if such paragraph were applied by substituting `30 percent' for `20 percent'. ``(iii) Increased limitation for cash positive loans.--In the case of a dwelling unit which is used as a principal residence (within the meaning of section 121) by the recipient of a loan with respect to which the reduced energy costs which result from the improvements described in paragraph (1)(C) exceed the payments required under the terms of the loan-- ``(I) clause (i) shall be applied by substituting `$12,000' for `$5,000', and ``(II) clause (ii) shall not apply. ``(B) Reduction in water consumption.--Such term shall not include any grant or loan for property described in paragraph (1)(B) with respect to any dwelling unit to the extent that such grant or loan (when added to all other grants or loans for such property) exceeds $500. ``(3) Low-interest loan.--The term `low interest loan' means any loan which charges interest at a rate which does not exceed the applicable Federal rate in effect under section 1288(b)(1) determined as of the issuance of the loan. ``(4) Exclusion of certain property.--The following property shall not be taken into account for purposes of paragraph (1): ``(A) Any equipment used in connection with a swimming pool, hot tub, or similar property. ``(B) Any television. ``(C) Any device for converting digital signal to analog. ``(D) Any DVD player. ``(E) Any video cassette recorder (VCR). ``(F) Any audio equipment. ``(G) Any cordless phone. ``(H) Any other item of property where there is substantial recreational use. ``(f) Qualified Low-Income Residential Efficiency Assistance Grants and Loans.-- ``(1) In general.--Qualified low-income residential energy efficiency assistance grants and loans are any qualified residential energy efficiency assistance grant or loan, as the case may be, with respect to a dwelling unit which is occupied (at the time of the grant or loan) by individuals whose income is 100 percent or less of area median gross income. Rules similar to the rules of section 142(d)(2)(B) shall apply for purposes of this paragraph. ``(2) Restriction to grants and very low interest loans.-- Such term shall not include any loan unless the rate of interest on such loan does not exceed the excess of-- ``(A) the applicable Federal rate in effect under section 1288(b)(1) determined as of the issuance of the loan, over ``(B) 100 basis points. ``(g) Qualified Very Low-Income Residential Efficiency Assistance Grants.--For purposes of this section, qualified very low-income residential energy efficiency assistance grants are any qualified low- income residential energy efficiency assistance grant with respect to a dwelling unit which is occupied (at the time of the grant) by individuals whose income is 50 percent or less of area median gross income. Rules similar to the rules of section 142(d)(2)(B) shall apply for purposes of this paragraph. ``(h) Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable interest.--The term `applicable interest' means, with respect to any loan, so much of any interest on such loan which exceeds 1 percentage point. ``(2) Special rule relating to arbitrage.--An issue shall not be treated as failing to meet the requirements of section 54A(d)(4)(A) by reason of any investment of available project proceeds in qualified residential energy efficiency assistance loans. ``(3) Exclusion of administrative expenses.--The amount treated as used to make any grant or loan described in this section shall not exceed the amount of such grant or loan. ``(4) Population.--The population of any State or local government shall be determined as provided in section 146(j) for the calendar year which includes the date of the enactment of this section. ``(5) Reporting.-- ``(A) Reports by issuers.--Issuers of home energy conservation bonds shall, not later than 6 months after the expenditure period (as defined in section 54A) and annually thereafter until the last such bond is redeemed, submit reports to the Secretary regarding such bonds, including information regarding-- ``(i) the number and monetary value of loans and grants provided and the purposes for which provided, ``(ii) the number of dwelling units the energy efficiency of which improved as result of such loans and grants, ``(iii) the types of property described in subparagraphs (A) and (B) of subsection (e)(1) installed as a result of such loans and grants and the projected energy savings with respect to such property, and ``(iv) the projected energy savings as a result of such loans and grants for improvements described in subsection (e)(1)(C). ``(B) Report to congress.--Not later than 12 months after receipt of the first report under subparagraph (A) and annually thereafter until the last such report is required to be submitted, the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall submit a report to Congress regarding the bond program under this section, including information regarding-- ``(i) the aggregate of each category of information described in subparagraph (A) (including any independent assessment of projected energy savings), and ``(ii) an estimate of the amount of greenhouse gas emissions reduced as a result of such bond program.''. (b) Treatment as a Specified Tax Credit Bond for Purposes of Direct Payment Provisions.--Subparagraph (A) of section 6431(f)(3) of such Code is amended by striking ``or'' at the end of clause (iii), by striking ``and'' at the end of clause (iv) and inserting ``or'', and by adding at the end the following new clause: ``(v) a home energy conservation bond (as defined in section 54G), and''. (c) Conforming Amendments.-- (1) Paragraph (1) of section 54A(d) of such Code is amended by striking ``or'' at the end of subparagraph (D), by inserting ``or'' at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: ``(F) a home energy conservation bond,''. (2) Subparagraph (C) of section 54A(d)(2) of such Code is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by adding at the end the following new clause: ``(vi) in the case of a home energy conservation bond, a purpose specified in section 54G(a)(1).''. (3) The table of sections for subpart I of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 54G. Home energy conservation bonds.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.", "summary": "Home Energy Conservation Act of 2010 - Amends the Internal Revenue Code to allow the issuance of tax-exempt home energy conservation bonds to finance qualified residential energy efficiency assistance grants and loans and extend such grants and loans to low and very-low income taxpayers. Imposes a national home energy conservation bond limitation amount of $2.4 billion and allocates such amount to states in proportion to state population. Defines \"qualified residential energy efficiency assistance grants and loans\" as any grant or loan to acquire: (1) any property which meets (at a minimum) the requirements of the Energy Star program or the Water Sense program and which is to be installed in a dwelling unit; and (2) any improvement to a dwelling unit made under a plan which is developed by a Residential Energy Services Network, Building Performance Institute, or equivalent energy efficiency expert and is certified by such expert as resulting in at least a 20% reduction in total household energy consumption related to heating, cooling, lighting, and appliances. Imposes dollar limitations on such grants and loans and excludes certain types of property from such grant and loan program, including equipment used in connection with a swimming pool or hot tub, any television, any device for converting a digital signal to analog, any DVD player, video cassette recorder, audio equipment, cordless phone, or other property where there is a substantial recreational use."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Wetlands Jurisdiction Act of 2005''. SEC. 2. STATEMENT OF PURPOSES. The purposes of this Act are-- (1) to clarify the jurisdiction of the Federal Government over waters of the United States in light of the decision of the Supreme Court in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001), so that, consistent with the States' traditional and primary power over land and water use, waters such as isolated wetlands that do not have a significant nexus with traditional navigable waters are not subject to Federal jurisdiction, but remain subject to regulation by the States; (2) to provide consistency throughout the Nation in determining the jurisdiction of the Federal Government over waters of the United States; (3) to consolidate in one Federal agency the administrative authority of the Federal Government to determine, in accordance with this Act, the waters of the United States subject to the jurisdiction of the permitting program established by section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); and (4) to protect the right of States to regulate wetlands and other waters within their jurisdiction. SEC. 3. FEDERAL JURISDICTION. Section 404(a) of the Federal Water Pollution Control Act (33 U.S.C. 1344(a)) is amended-- (1) by striking ``(a) The Secretary'' and inserting the following: ``(a) Issuance of Permits.-- ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) Jurisdiction.-- ``(A) In general.--Waters of the United States, including the territorial seas, shall be subject to the jurisdiction of the permitting program established by this section if the waters are-- ``(i) navigable; ``(ii) connected to navigable waters through a continuous, naturally occurring surface water connection; or ``(iii) wetlands adjacent to waters described in clause (i) or (ii). ``(B) Included waters.--For purposes of subparagraph (A)(ii) waters shall be considered to be connected to navigable waters by a continuous, naturally occurring surface water connection if the waters are connected by perennial or intermittent streams that contribute flow to navigable waters, including perennial or intermittent streams that have been restored, relocated, or channelized on the surface or that flow through culverts. ``(C) Excluded waters.-- ``(i) In general.--For purposes of subparagraph (A)(ii), waters shall not be considered to be connected to navigable waters by a continuous, naturally occurring surface water connection if the waters are connected by-- ``(I) sheet flow; ``(II) ephemeral waters, ground water, manmade ditches, or pipelines; or ``(III) a municipal separate storm sewer system or any other point source regulated under section 402, including a State program approved under section 402(b). ``(ii) Treatment of connecting waters.--The connecting waters described in clause (i) shall not be subject to the jurisdiction of the permitting program established by this section. ``(iii) Fastlands.--Fastlands shall not be subject to the jurisdiction of the permitting program established by this section.''. SEC. 4. STATUTORY CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to preclude or deny the right of any State or interstate agency to control the discharge of dredged or fill material in any portion of the wetlands or other waters within the jurisdiction of such State, including any activity of any Federal agency. SEC. 5. SINGLE AGENCY IMPLEMENTATION. Section 404(a) of the Federal Water Pollution Control Act (33 U.S.C. 1344(a)) is further amended by adding the following: ``(3) Authority of secretary.--Beginning on the date of enactment of this paragraph, the Secretary shall have sole administrative authority to determine, in accordance with this Act, the waters of the United States subject to the jurisdiction of the permitting program established by this section.''. SEC. 6. DETERMINATION OF JURISDICTION. Section 404(a) of the Federal Water Pollution Control Act (33 U.S.C. 1344(a)) is further amended by adding the following: ``(4) Request for determination.--A person who holds an ownership interest in property, or who has written authorization from such person, may submit to the Secretary a request identifying the property and requesting the Secretary to determine the presence or absence of waters of the United States subject to the jurisdiction of the permitting program established by this section. The person making the request may limit the request to a determination of the presence or absence of any of the waters described in paragraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii). ``(5) Requests for additional information.--Not later than 30 days after the date of receipt of a request under paragraph (4), the Secretary may make one request for such additional information as may be necessary to make the jurisdiction determination. ``(6) Determination and notification by the secretary.--Not later that 90 days after the date of receipt of a request under paragraph (4), or not later than 60 days after the date of receipt of additional information provided under paragraph (5), whichever is later, the Secretary shall-- ``(A) make a jurisdictional determination for the waters described in the request; and ``(B) provide written notification of the jurisdictional determination to the person submitting the request, together with written documentation of the determination and a written basis for the determination. ``(7) Authority to seek immediate judicial review.-- ``(A) In general.--Any person authorized under paragraph (4) to request a jurisdictional determination for property may-- ``(i) seek judicial review of any such jurisdictional determination, or injunctive relief in the case of a failure to make a determination, in the United States District Court for the district in which the property is located; or ``(ii) proceed under the administrative appeals process established under this section. ``(B) Waters subject to review.--Judicial review, injunctive relief, or administrative appeal under subparagraph (A) may be sought for any of the waters described in paragraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii), as specified in the request made under paragraph (4). ``(C) Judicial review following administrative appeals.--Any person who elects to proceed under the administrative appeals process shall retain the right to seek in the United States District Court for the district in which the property is located judicial review of the final decision of the Secretary under the administrative appeals process.''. SEC. 7. DEFINITIONS. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is further amended by adding at the end the following: ``(v) Definitions.--In this section, the following definitions apply: ``(1) Adjacent wetlands.--The term `adjacent wetlands' means wetlands that are physically touching (abutting or contiguous to) a water described in subsection (a)(2)(A)(i) or (a)(2)(A)(ii). Wetlands separated by a riverbank from which river water overflows into the wetlands annually or biannually are adjacent wetlands for purposes of this section. ``(2) Culvert.--The term `culvert' means a pipe or structure that conveys perennial or intermittent streams from one side of a linear structure, such as a roadway, to the other side. ``(3) Fastlands.--The term `fastlands' means areas located within legally constituted manmade structures, such as levees and dikes, constructed and maintained to permit the utilization of the areas for commercial, industrial, or residential purposes consistent with local land use planning requirements. ``(4) Navigable.--The term `navigable' means a water that is presently used, or is susceptible to use, in its natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to its ordinary highwater mark, including all waters that are subject to the ebb and flow of the tide shoreward to their mean highwater mark. ``(5) Sheet flow.--The term `sheet flow' means non- channelized water flowing over upland. ``(6) Wetlands.--The term `wetlands' means those lands that have a predominance of hydric soils and that are inundated or saturated by surface water or ground water at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.''.", "summary": "Federal Wetlands Jurisdiction Act of 2005 - Amends the Federal Water Pollution Control Act to clarify that waters of the United States, including the territorial seas, are subject to the jurisdiction of the permitting program for the discharge of dredged or fill material (permitting program) if such waters are: (1) navigable; (2) connected to navigable waters through a continuous, naturally occurring surface water connection; or (3) wetlands adjacent to such navigable or connected waters. States that waters are considered connected to navigable waters for purposes of this Act if connected by perennial or intermittent streams that contribute flow to navigable waters. Excludes from the definition those waters connected by: (1) sheet flow (non-channelized water flowing over upland); (2) ephemeral waters, ground water, manmade ditches, or pipelines; or (3) a municipal separate storm sewer system or any other regulated point source. Excludes fastlands (areas located behind legally constituted manmade structures) from the jurisdiction of the permitting program. Grants sole authority to the Secretary of the Army to determine the waters subject to the jurisdiction of the permitting program. Sets forth procedures whereby property owners, or those with written authorization from such owners, may: (1) request that the Secretary determine jurisdiction under this Act and thereafter seek judicial review or injunctive relief; or (2) proceed under the administrative appeals process."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``West Nile Virus and Arboviral Disease Act''. SEC. 2. TEMPORARY PROGRAM FOR WEST NILE VIRUS AND RELATED ARBOVIRAL DISEASES. Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended-- (1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and (2) by inserting after subsection (a), the following: ``(b) Temporary Program for West Nile Virus and Related Arboviral Diseases.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States for the prevention and control of West Nile Virus and related arboviral diseases. States that receive grants under this subsection are encouraged to work with local health entities to develop prevention and control programs. ``(2) Preference in making grants.--In awarding grants under paragraph (1), the Secretary may give preference to State that-- ``(A) have an incidence or prevalence of West Nile Virus or related arboviral diseases, or a population of infected mosquitoes, that is substantial relative to other States; or ``(B) have an increased risk of West Nile Virus or related arboviral diseases. ``(3) Use of funds.--Funds made available under a grant under this subsection shall be used for-- ``(A) the development, implementation, and evaluation by States and localities of community-based, comprehensive mosquito control plans, based upon the guidelines developed under paragraph (7); and ``(B) the development and implementation of programs on medical entomology, arbovirology, and other vector-borne diseases, that would support longer term prevention and control efforts, including training to assist in developing a competent workforce to direct and manage local mosquito and vector-borne disease control programs. ``(4) Matching funds and limitation on supplanting.-- ``(A) In general.--To be eligible to receive a grant under this subsection a State shall provide assurances to the Secretary that the State shall, with respect to the costs of the program to be carried out by the State under the grant, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 50 percent of such costs (or $1 for each $1 of Federal funds provided under the grant). ``(B) Determination of amount contributed.--Non- Federal contributions required under subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(C) Supplement not supplant.--Amounts provided under a grant under this subsection shall be used to supplement, and not supplant, State and local funds provided for activities of the type funded under this subsection. ``(D) Waiver.--The Secretary may waive the requirements of subparagraph (A) with respect to a State if the Secretary determines that extraordinary economic conditions in the State justify such a waiver. ``(5) Local involvement.-- ``(A) In general.--A State that receives funds under this subsection shall, to the extent practicable, involve localities in the planning, implementation, and evaluation of community-based, comprehensive mosquito control plans. ``(B) Local public health improvement.--A State that receives a grant under this subsection shall ensure that not less than 85 percent of the amount received under the grant is expended at the local level or for local public health improvement related to the West Nile Virus or related arboviral diseases. ``(6) Technical assistance.-- ``(A) In general.--Amounts appropriated to carry out this subsection may be used to expand the capability of the Centers for Disease Control and Prevention to provide technical support to State and local health departments in the implementation and evaluation of mosquito control programs and the containment of relevant arboviral diseases. Such technical assistance may include the development of guidelines, as described in paragraph (7). ``(B) Limitation.--Not to exceed 20 percent of the amount appropriated to carry out this subsection for a fiscal year may be used as provided for under subparagraph (A). ``(7) Mosquito abatement guidelines.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with public and private health and mosquito control organizations, shall provide for the development of a plan, together with standard operating procedures, to serve as a guideline for State and local communities for the development, implementation, and evaluation of sustainable, locally managed, integrated mosquito control programs. The elements of such guidelines shall be limited to those functions determined as appropriate by the Director for building the public health infrastructure. Such guidelines should include programs to-- ``(A) identify new human cases of disease; ``(B) track the spread of disease through monitoring infection in mosquitoes, birds, horses, and any other creatures that may be involved; ``(C) provide laboratory support for testing; ``(D) increase participation in the existing surveillance system for arboviruses; ``(E) provide for the conduct of educational and public outreach campaigns to reduce exposure to arboviruses; and ``(F) outline appropriate procedures for mosquito control and for monitoring possible health or environmental effects. ``(8) Evaluation.-- ``(A) In general.--The Secretary shall conduct an evaluation of the program established under this subsection. ``(B) Report.--Not later than 18 months after the date of enactment of the West Nile Virus and Arboviral Disease Act, the Secretary shall submit to Congress a report concerning the program established under this subsection, that shall include-- ``(i) the results of the evaluation conducted under subparagraph (A); ``(ii) information related to the development of a sustainable mosquito abatement program for those States that have received funds under this subsection; ``(iii) a description of the progress made in the development and implementation of the guidelines under paragraph (7); and ``(iv) an evaluation of the overall costs and benefits of the program established under this subsection. ``(9) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2003 and 2004. In the case of control programs carried out in response to the West Nile Virus or related arboviruses that constitute a public health emergency, the authorization of appropriations under the preceding sentence is in addition to applicable authorizations under the Public Health Security and Bioterrorism Response Act of 2002 (or the amendments made by such Act). ``(10) Termination.--The program established under this subsection shall terminate on September 30, 2004, except that the Secretary, based on the evaluation conducted under paragraph (6), may extend such program for an additional fiscal year.''. SEC. 3. RESEARCH PROGRAM. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following: ``SEC. 249. ARBOVIRUS RESEARCH PROGRAM. ``(a) In General.--The President shall expand, intensify, and enhance research (either directly or through the awarding of grants or contracts) to-- ``(1) identify or develop methods of controlling the population of insects that transmit to humans diseases that have significant adverse health consequences (including the West Nile Virus); ``(2) develop rapid screening tools for West Nile Virus in blood or organs; ``(3) develop pathogen inactivation technologies (technologies that safely and cost-effectively remove RNA and DNA from blood); and ``(4) develop additional methodologies for containing the spread of the West Nile Virus or other related arboviruses. ``(b) Scope of Activities.--Activities under subsection (a)(1) may include examining methodologies that have been used or are being used to control insect populations as well as developing new methodologies. ``(c) Entities Involved.--Activities under subsection (a) may be carried out through the National Institute of Environmental Health Sciences, other Institutes at the National Institutes of Health, the Environmental Protection Agency, the Centers for Disease Control and Prevention. the Food and Drug Administration, or any other relevant Federal Government entity. To the extent practicable, in carrying out this section, the President shall promote coordination between the relevant Federal agencies, the private sector, and individuals and organizations with appropriate expertise including expertise in public health, entomology, arbovirology, and veterinary health. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2003 through 2007.''.", "summary": "West Nile Virus and Arboviral Disease Act - Amends the Public Health Service Act to establish a temporary program for West Nile Virus and related arboviral diseases, which may include grants by the Secretary of Health and Human Services to States for the prevention and control of such diseases. Directs grant funds to be used for: (1) the development, implementation, and evaluation by States and localities of community-based, comprehensive mosquito control plans; and (2) the development and implementation of programs on medical entomology, arbovirology, and other vector-borne diseases. Includes a 50 percent matching requirement for such grants.Requires 85 percent of grant funds to any State to be expended locally.Directs the Secretary, acting through the Director of the Centers for Disease Control and Prevention and with appropriate consultation, to develop a plan, together with standard operating procedures, to serve as a guideline for State and local mosquito control programs. Sets forth elements that such plan should include, including programs to: (1) identify new human cases of disease; and (2) provide laboratory support for testing. Sets a termination date of September 30, 2004, for the temporary program.Directs the President to expand, intensify, and enhance research for various activities, including to: (1) identify and develop methods of controlling the population of insects that transmit to humans diseases that have significant adverse health consequences (including the West Nile Virus); and (2) develop rapid screening tools for West Nile Virus in blood or organs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Review Freedom Act of 2015''. SEC. 2. CONSUMER REVIEW PROTECTION. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered communication.--The term ``covered communication'' means a written, oral, or pictorial review, performance assessment of, or other similar analysis of, including by electronic means, the goods, services, or conduct of a person by an individual who is party to a form contract with respect to which such person is also a party. (3) Form contract.-- (A) In general.--Except as provided in subparagraph (B), the term ``form contract'' means a contract with standardized terms-- (i) used by a person in the course of selling or leasing the person's goods or services; and (ii) imposed on an individual without a meaningful opportunity for such individual to negotiate the standardized terms. (B) Exception.--The term ``form contract'' does not include an employer-employee or independent contractor contract. (4) Pictorial.--The term ``pictorial'' includes pictures, photographs, video, illustrations, and symbols. (b) Invalidity of Contracts That Impede Consumer Reviews.-- (1) In general.--Except as provided in paragraphs (2) and (3), a provision of a form contract is void from the inception of such contract if such provision-- (A) prohibits or restricts the ability of an individual who is a party to the form contract to engage in a covered communication; (B) imposes a penalty or fee against an individual who is a party to the form contract for engaging in a covered communication; or (C) transfers or requires an individual who is a party to the form contract to transfer to any person any intellectual property rights in review or feedback content, with the exception of a non-exclusive license to use the content, that the individual may have in any otherwise lawful covered communication about such person or the goods or services provided by such person. (2) Rule of construction.--Nothing in paragraph (1) shall be construed to affect-- (A) any duty of confidentiality imposed by law (including agency guidance); (B) any civil cause of action for defamation, libel, or slander, or any similar cause of action; (C) any party's right to remove or refuse to display publicly on an Internet website or webpage owned, operated, or otherwise controlled by such party any content of a covered communication that-- (i) contains the personal information or likeness of another person or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (ii) is unrelated to the goods or services offered by or available at such party's Internet website or webpage; or (iii) is clearly false or misleading; or (D) a party's right to establish terms and conditions with respect to the creation of photographs or video of such party's property when those photographs or video are created by an employee or independent contractor of a commercial entity and solely intended for commercial purposes by that entity. (3) Exceptions.--Paragraph (1) shall not apply to the extent that a provision of a form contract prohibits disclosure or submission of, or reserves the right of a person or business that hosts online consumer reviews or comments to remove-- (A) trade secrets or commercial or financial information obtained from a person and considered privileged or confidential; (B) personnel and medical files and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (C) records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (D) content that is unlawful or otherwise meets the requirements of paragraph (2)(C); or (E) content that contains any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications, or files. (c) Prohibition.--It shall be unlawful for a person to offer a form contract containing a provision described as void in subsection (b). (d) Enforcement by Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (c) by a person with respect to which the Commission is empowered under section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities.--Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (e) Enforcement by States.-- (1) Authorization.--Subject to subparagraph (B), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (c) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person described in subsection (d)(1). (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1) against a person described in subsection (d)(1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (c), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (f) Education and Outreach for Businesses.--Not later than 60 days after the date of the enactment of this Act, the Commission shall commence conducting education and outreach that provides businesses with non-binding best practices for compliance with this Act. (g) Relation to State Causes of Action.--Nothing in this section shall be construed to affect any cause of action brought by a person that exists or may exist under State law. (h) Effective Dates.--This section shall take effect on the date of the enactment of this Act, except that-- (1) subsections (b) and (c) shall apply with respect to contracts in effect on or after the date that is 90 days after the date of the enactment of this Act; and (2) subsections (d) and (e) shall apply with respect to contracts in effect on or after the date that is 1 year after the date of the enactment of this Act. Passed the Senate December 14, 2015. Attest: JULIE E. ADAMS, Secretary.", "summary": "Consumer Review Freedom Act of 2015 (Sec. 2) This bill makes a provision of a form contract void from the inception if it: (1) prohibits or restricts an individual who is a party to such a contract from engaging in written, oral, or pictorial reviews, or other similar performance assessments or analyses of, including by electronic means, the goods, services, or conduct of a person that is also a party to the contract; (2) imposes penalties or fees against individuals who engage in such communications; or (3) transfers or requires the individual to transfer intellectual property rights in review or feedback content (with the exception of a nonexclusive license to use the content) in any otherwise lawful communications about such person or the goods or services provided by such person. A "form contract" is a contract with standardized terms: (1) used by a person in the course of selling or leasing the person's goods or services, and (2) imposed on an individual without a meaningful opportunity to negotiate the standardized terms. The definition excludes an employer-employee or independent contractor contract. The standards under which provisions of a form contract are considered void under this Act shall not be construed to affect: legal duties of confidentiality; civil actions for defamation, libel, or slander; or a party's right to establish terms and conditions for the creation of photographs or video of such party's property when those photographs or video are created by an employee or independent contractor of a commercial entity and are solely intended to be used for commercial purposes by that entity. Such standards also shall not be construed to affect any party's right to remove or refuse to display publicly on an Internet website or webpage owned, operated, or controlled by such party content that: (1) contains the personal information or likeness of another person or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (2) is unrelated to the goods or services offered by or available at such party's website; or (3) is clearly false or misleading. A provision shall not be considered void under this Act to the extent that it prohibits disclosure or submission of, or reserves the right of a person or business that hosts online consumer reviews or comments to remove, certain: (1) trade secrets or commercial or financial information; (2) personnel and medical files; (3) law enforcement records; (4) content that is unlawful or that a party has a right to remove or refuse to display; or (5) computer viruses or other potentially damaging computer code, processes, applications, or files. A person is prohibited from offering form contracts containing a provision that is considered void under this Act. Enforcement authority is provided to the Federal Trade Commission (FTC) and states. The FTC must provide businesses with nonbinding best practices for compliance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurturing And Supporting Healthy Babies Act'' or as the ``NAS Healthy Babies Act''. SEC. 2. GAO REPORT ON NEONATAL ABSTINENCE SYNDROME (NAS). (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance and the Committee on Health, Education, Labor and Pensions of the Senate a report on neonatal abstinence syndrome (in this section referred to as ``NAS'') in the United States. (b) Information To Be Included in Report.--Such report shall include information on the following: (1) The prevalence of NAS in the United States, including the proportion of children born in the United States with NAS who are eligible for medical assistance under State Medicaid programs under title XIX of the Social Security Act at birth and the costs associated with NAS through such programs. (2) The services for which coverage is available under State Medicaid programs for treatment of infants with NAS. (3) The settings (including inpatient, outpatient, hospital-based, and other settings) for the treatment of infants with NAS and the reimbursement methodologies and costs associated with such treatment in such settings. (4) The prevalence of utilization of various care settings under State Medicaid programs for treatment of infants with NAS and any Federal barriers to treating such infants under such programs, particularly in non-hospital-based settings. (5) What is known about best practices for treating infants with NAS. (c) Recommendations.--Such report also shall include such recommendations as the Comptroller General determines appropriate for improvements that will ensure access to treatment for infants with NAS under State Medicaid programs. SEC. 3. EXCLUDING ABUSE-DETERRENT FORMULATIONS OF PRESCRIPTION DRUGS FROM THE MEDICAID ADDITIONAL REBATE REQUIREMENT FOR NEW FORMULATIONS OF PRESCRIPTION DRUGS. (a) In General.--The last sentence of section 1927(c)(2)(C) of the Social Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is amended by inserting before the period at the end the following: ``, but does not include an abuse-deterrent formulation of the drug (as determined by the Secretary), regardless of whether such abuse-deterrent formulation is an extended release formulation''. (b) Effective Date.--The amendment made by subsection (a) shall apply to drugs that are paid for by a State in calendar quarters beginning on or after the date of the enactment of this Act. SEC. 4. LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND ABUSE. (a) In General.--Title XI of the Social Security Act is amended by inserting after section 1128J (42 U.S.C. 1320a-7k) the following new section: ``SEC. 1128K. DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND ABUSE. ``(a) Reference to Predictive Modeling Technologies Requirements.-- For provisions relating to the use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse with respect to the Medicare program under title XVIII, the Medicaid program under title XIX, and the Children's Health Insurance Program under title XXI, see section 4241 of the Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m). ``(b) Limiting Disclosure of Predictive Modeling Technologies.--In implementing such provisions under such section 4241 with respect to covered algorithms (as defined in subsection (c)), the following shall apply: ``(1) Nonapplication of foia.--The covered algorithms used or developed for purposes of such section (including by the Secretary or a State (or an entity operating under a contract with a State)) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(2) Limitation with respect to use and disclosure of information by state agencies.-- ``(A) In general.--A State agency may not use or disclose covered algorithms used or developed for purposes of such section except for purposes of administering the State plan (or a waiver of the plan) under the Medicaid program under title XIX or the State child health plan (or a waiver of the plan) under the Children's Health Insurance Program under title XXI, including by enabling an entity operating under a contract with a State to assist the State to identify or prevent waste, fraud, and abuse with respect to such programs. ``(B) Information security.--A State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of covered algorithms used or developed for purposes of such section 4241 and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures described in subparagraph (A). ``(C) Procedural requirements.--State agencies to which information is disclosed pursuant to such section 4241 shall adhere to uniform procedures established by the Secretary. ``(c) Covered Algorithm Defined.--In this section, the term `covered algorithm'-- ``(1) means a predictive modeling or other analytics technology, as used for purposes of section 4241(a) of the Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m(a)) to identify and prevent waste, fraud, and abuse with respect to the Medicare program under title XVIII, the Medicaid program under title XIX, and the Children's Health Insurance Program under title XXI; and ``(2) includes the mathematical expressions utilized in the application of such technology and the means by which such technology is developed.''. (b) Conforming Amendments.-- (1) Medicaid state plan requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (A) in paragraph (80), by striking ``and'' at the end; (B) in paragraph (81), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (81) the following new paragraph: ``(82) provide that the State agency responsible for administering the State plan under this title provides assurances to the Secretary that the State agency is in compliance with subparagraphs (A), (B), and (C) of section 1128K(b)(2).''. (2) State child health plan requirement.--Section 2102(a)(7) of the Social Security Act (42 U.S.C. 1397bb(a)(7)) is amended-- (A) in subparagraph (A), by striking ``, and'' at the end and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) to ensure that the State agency involved is in compliance with subparagraphs (A), (B), and (C) of section 1128K(b)(2).''. SEC. 5. MEDICAID IMPROVEMENT FUND. Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w- 1(b)(1)) is amended to read as follows: ``(1) In general.--There shall be available to the Fund, for expenditures from the Fund for fiscal year 2021 and thereafter, $5,000,000.''. Passed the House of Representatives May 11, 2016. Attest: KAREN L. HAAS, Clerk.", "summary": "Nurturing and Supporting Healthy Babies Act or the NAS Healthy Babies Act (Sec. 2) This bill requires the Government Accountability Office (GAO) to report on neonatal abstinence syndrome (NAS), which results from a newborn's exposure to addictive opiate drugs while in the mother's womb. Specifically, the GAO shall report on: the prevalence of NAS, NAS treatment services for which coverage is available under state Medicaid programs, the settings and associated reimbursement methodologies for NAS treatment, the prevalence of utilization of various care settings under state Medicaid programs for NAS treatment, any federal barriers to treating infants with NAS under state Medicaid programs, and best practices for treating infants with NAS. The GAO shall also report on its recommendations for improvements that will ensure access to NAS treatment under state Medicaid programs. (Sec. 3) The bill amends title XIX (Medicaid) of the Social Security Act to exclude abuse-deterrent formulations of prescription drugs from the requirement that manufacturers of single-source or innovator drugs pay additional rebates to state Medicaid programs. (Sec. 4) Under current law, the Centers for Medicare & Medicaid Services (CMS) must use predictive modeling and other analytic technologies to identify improper Medicaid claims. The bill prohibits a state agency from using or disclosing such technologies except for purposes of administering a state Medicaid program or Children's Health Insurance Program. A state agency shall have in effect adequate data security and control policies to ensure that access to such information is restricted to authorized persons for authorized uses. (Sec. 5) The bill places $5 million in the Medicaid Improvement Fund to be available beginning in FY2021."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Captain James A. Lovell Federal Health Care Center Act of 2008''. SEC. 2. TRANSFER OF PROPERTY. (a) Transfer.-- (1) Transfer authorized.--Upon the conclusion of a resource-sharing agreement between the Secretary of Defense and the Secretary of Veterans Affairs providing for the joint use by the Department of Defense and the Department of Veterans Affairs of a facility and supporting facilities in North Chicago, Illinois, and Great Lakes, Illinois, and for joint use of related medical personal property and equipment, the Secretary of Defense may transfer, without reimbursement, to the Department of Veterans Affairs the Navy ambulatory care center (on which construction commenced in July 2008), parking structure, and supporting facilities, and related medical personal property and equipment, located in Great Lakes, Illinois. (2) Designation of joint use facility.--The facility and supporting facilities subject to joint use under the agreement and transfer under this subsection shall be designated as known as the ``Captain James A. Lovell Federal Health Care Center''. (b) Reversion.-- (1) In general.--If any of the real and related personal property transferred pursuant to subsection (a) is subsequently used for purposes other than the purposes specified in the joint use specified in the resource-sharing agreement described in that subsection or otherwise determined by the Secretary of Veterans Affairs to be excess to the needs of the Department of Veterans Affairs, the Secretary of Veterans Affairs shall offer to transfer such property, without reimbursement, to the Secretary of Defense. Any such transfer shall be completed not later than one year after the acceptance of the offer of transfer. (2) Reversion in event of lack of facilities integration.-- (A) Within initial period.--During the 5-year period beginning on the date of the transfer of the real and related personal property described in subsection (a), if the Secretary of Veterans Affairs and the Secretary of Defense jointly determine that the integration of the facilities described in that subsection should not continue, the real and related personal property of the Navy ambulatory care center, parking structure, and support facilities described in that subsection shall be transferred, without reimbursement, to the Secretary of Defense. Such transfer shall occur not later than 180 days after the date of such determination by the Secretaries. (B) After initial period.--After the end of the 5- year period described in subparagraph (A), if either the Secretary of Veterans Affairs or the Secretary of Defense determines that the integration of the facilities described in subsection (a) should not continue, the Secretary of Veterans Affairs shall transfer, without reimbursement, to the Secretary of Defense the real and related personal property described in paragraph (1). Such transfer shall occur not later than one year after the date of the determination by the Secretary concerned. SEC. 3. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE. (a) Authorization for Transfer of Functions.-- (1) In general.--The Secretary of Defense may transfer to the Department of Veterans Affairs, and the Secretary of Veterans Affairs may accept from the Department of Defense, functions necessary for the effective operation of the Captain James A. Lovell Federal Health Care Center. (2) Treatment of transfers.--Any transfer of functions under this subsection is a transfer of functions within the meaning of section 3503 of title 5, United States Code. (b) Terms of Agreement.-- (1) Resource-sharing agreement.--Any transfer of functions under subsection (a) shall be effectuated in a resource-sharing agreement between the Secretary of Defense and the Secretary of Veterans Affairs. (2) Elements.--Notwithstanding any other provision of law, including but not limited to any provisions of title 5, United States Code, relating to transfers of function or reductions- in-force, the agreement described in paragraph (1) shall be controlling and may make provision for-- (A) the transfer of civilian employee positions of the Department of Defense identified in the agreement to the Department of Veterans Affairs and of the incumbent civilian employees in such positions; (B) the transition of transferred employees to pay, benefits, and personnel systems of the Department of Veterans Affairs in a manner which will not result in any reduction of pay, grade, or employment progression of any employee or any change in employment status for employees who have already successfully completed or are in the process of completing a one-year probationary period under title 5, United States Code; (C) the establishment of integrated seniority lists and other personnel management provisions that recognize an employee's experience and training so as to provide comparable recognition of employees previously with the Department of Veterans Affairs and employees newly transferred to such Department; and (D) such other matters relating to civilian personnel management as the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate. (c) Preservation of Authority.--Notwithstanding subsections (a) and (b), nothing in this section shall be construed as limiting the authority of the Secretary of Defense to establish civilian employee positions in the Department of Defense and utilize all civilian personnel authorities otherwise available to the Secretary if the Secretary determines that such actions are necessary and appropriate to meet mission requirements of the Department of Defense. SEC. 4. EXTENSION AND EXPANSION OF JOINT INCENTIVE FUND. (a) Ten-Year Extension of Authority for Joint Incentives Program.-- Paragraph (3) of section 8111(d) of title 38, United States Code, is amended by striking ``2010'' and inserting ``2020''. (b) Funding of Maintenance and Minor Construction From the Joint Incentive Fund.--Paragraph (2) of such section is amended by adding at the end the following new sentence: ``Such purposes shall include real property maintenance and minor construction projects that are not required to be specifically authorized by law under section 8104 of this title and section 2805 of title 10.''. SEC. 5. HEALTH CARE ELIGIBILITY FOR SERVICES AT THE CAPTAIN JAMES A. LOVELL FEDERAL HEALTH CARE CENTER. (a) In General.--For purposes of eligibility for health care under chapter 55 of title 10, United States Code, the Captain James A. Lovell Federal Health Care Center authorized by this Act may be deemed to be a facility of the uniformed services to the extent provided in an agreement between the Secretary of Defense and the Secretary of Veterans Affairs under subsection (b). (b) Elements of Agreement.--Subsection (a) may be implemented through an agreement between the Secretary of Veterans Affairs and the Secretary of Defense. The agreement may-- (1) establish an integrated priority list for access to available care at the facility described in subsection (a), integrating the respective priority lists of the Secretaries, taking into account categories of beneficiaries, enrollment program status, and such other factors as the Secretaries determine appropriate; (2) incorporate any resource-related limitations for access to care at that facility established by the Secretary of Defense for purposes of administering space-available eligibility for care in facilities of the uniformed services under chapter 55 of title 10, United States Code; (3) allocate financial responsibility for care provided at that facility for individuals who are eligible for care under both title 38, United States Code, and chapter 55 of title 10, United States Code; and (4) waive the applicability to that facility of any provision of section 8111(e) of title 38, United States Code, as specified by the Secretaries.", "summary": "Captain James A. Lovell Federal Health Care Center Act of 2008 - Authorizes the Secretary of Defense (Secretary), upon the conclusion of a resource-sharing agreement between the Secretary and the Secretary of Veterans Affairs, to transfer to the Department of Veterans Affairs (VA) the Navy ambulatory care center, parking structure, supporting facilities, and related medical personal property and equipment in Great Lakes, Illinois. Designates such facility and supporting facilities as the Captain James A. Lovell Federal Health Care Center (Center). Provides a reversionary interest to the Secretary if the property is not used in accordance with the resource-sharing agreement or in the event of lack of facilities integration. Authorizes the Secretary to transfer to the VA functions necessary for Center operation. Extends through FY2020 a joint Department of Defense (DOD)-VA program to identify, implement, and evaluate creative health care coordination and sharing initiatives at the facility, intraregional, and nationwide levels. Deems the Center a military facility for purposes of the eligibility of members of the Armed Forces to receive care and services there."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Main Street Survival Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) Despite the infusion of hundreds of billions of dollars to provide liquidity to capital markets, many qualified and creditworthy small and medium-sized businesses continue to face severely constricted credit markets. (2) Banks of all sizes have significantly decreased lending in, and in some cases withdrawn completely from, the small and medium-sized business credit market. (3) Available and affordable credit is critical for the survival of the small and medium-sized businesses that form the backbone of the economy of the United States. (b) Sense of the Congress on Lending to Small and Medium-sized Businesses.--It is the sense of the Congress that the President, acting through the Secretary of the Treasury, should encourage financial institutions that have received Federal financial support to maintain historic levels of lending to small and medium-sized businesses. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``revolving loan fund'' means the revolving loan fund established under section 4(b); and (2) the term ``Secretary'' means the Secretary of the Treasury. SEC. 4. MAIN STREET REVOLVING LOAN FUND PROGRAM. (a) Establishment.--The Secretary shall establish the Main Street Revolving Loan Fund Program (hereinafter in this Act referred to as the ``program'') to provide temporary loans to businesses that meet the size requirement under paragraph (1) of subsection (c). (b) Revolving Loan Fund.-- (1) In general.--There is established in the Treasury a revolving loan fund for the program. (2) Initial transfer.--From dividends paid by financial institutions that have received financial assistance provided under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343; 12 U.S.C. 5211 et seq.), the Secretary shall transfer and credit $1,000,000,000 to the revolving loan fund. (3) Expenditures.--The Secretary shall use the amounts in the revolving loan fund to carry out the program. (4) Deposits.--The Secretary shall deposit amounts received as payment on loans provided under the program into the revolving loan fund. (c) Eligibility.-- (1) Size requirement.--To qualify for a loan under the program, a business shall have less than 1,000 full-time equivalent employees at the time of submission of an application under subsection (d). (2) Considerations.--The Secretary, through regulations, shall develop criteria to evaluate and select businesses for participation in the program, taking into consideration-- (A) the likelihood that the business concerned will be forced to lay off employees in the absence of obtaining a loan under such program; and (B) the ability of such businesses to repay the loan. (3) Availability.--The criteria developed under paragraph (2) shall be made available on the official public Web site of the Department of the Treasury. (d) Application.--A business desiring a loan under the program shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. SEC. 5. TERMS. (a) Use of Funds.--A business receiving a loan under the program may use the funds to finance the cost of operations, including-- (1) purchasing and operating equipment; (2) paying salaries, wages, and building expenses; and (3) purchasing inventory or making improvements to enhance productivity. (b) Prohibited Use.--A loan provided under the program may not be used to significantly expand operations. (c) Repayment Period.--A loan provided under the program shall be made for a period not to exceed 9 months. (d) Maximum Loan Amount.--Under the program, the Secretary may provide not more than a total of $1,000,000 in loans to a particular business in any fiscal year. SEC. 6. ADMINISTRATIVE COSTS. Not more than $1,000,000 may be used for administrative costs in any fiscal year to carry out the program. SEC. 7. REPORT. (a) In General.--The Secretary shall make available on the official public Web site of the Department of the Treasury, and submit to Congress-- (1) within 1 year after the date of enactment of this Act and each year thereafter in which a loan has been made under the program, an annual report; and (2) within 90 days after the end of the 9-month period following the issuance of the final loan under the program, a final report. (b) Details.--Each report shall provide details on loans provided under the program and the effectiveness of such program in providing stability for, and otherwise supporting, businesses. SEC. 8. REGULATIONS. The Secretary may prescribe regulations necessary to carry out this Act. SEC. 9. SUNSET. An application for a loan under the program may not be accepted after the date which is 3 years after the date of enactment of this Act.", "summary": "Main Street Survival Act - Expresses the sense of Congress that the President should encourage financial institutions that have received federal financial support to maintain historic levels of lending to small and medium-sized businesses. Instructs the Secretary of the Treasury to establish a three-year Main Street Revolving Loan Fund Program to provide temporary loans to businesses with less than 1,000 full-time equivalent employees. Establishes in the Treasury a revolving loan fund to implement the Program. Permits a business to use a Main Street revolving loan to finance the cost of certain operations, but prohibits the use of it to expand its operations significantly. Limits the term of such a loan to nine months, and the maximum total amount of loans to a particular business in any fiscal year to $1 million."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``FCC Modernization Act of 1996''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Communications Act of 1934 (47 U.S.C. 151 et seq.). SEC. 2. PURPOSES; PLAN FOR AGENCY MODERNIZATION. (a) Purposes.--The purposes of this Act are-- (1) to require the Federal Communications Commission to streamline its management and prepare an agency plan for accomplishing its mission with reduced resources; (2) to reduce regulatory burdens and agency functions as competition renders those burdens and functions unnecessary; and (3) to repeal outdated and unnecessary provisions of the Communications Act of 1934. (b) Plan for Agency Modernization.-- (1) Plan required.--Within 6 months after the date of enactment of this Act, the Commission shall prepare a plan-- (A) to adjust the allocation of agency personnel to reflect the open-entry and pro-competitive policies adopted by the United States; (B) to propose the automation or privatization of routine agency functions, including the use of advisory committees for coordinating frequency assignments and automating frequency assignment databases; (C) to propose the termination of agency functions that are no longer necessary to the protection of the public interest; (D) to reduce the levels of agency's expenses for management and overhead; and (E) to prepare the agency for rapid response to changes in technologies and markets. (2) Contents required.--The plan required by this subsection shall include-- (A) detailed projections of agency financial and personnel requirements over the 5 succeeding fiscal years; (B) the savings expected from automating and privatizing routine agency functions and from terminating unnecessary agency functions, and deadlines by which such automation, privatization, and termination will be attained; (C) the appropriate level of funding for agency management and overhead expenses; and (D) any additional authority or statutory changes required to achieve the plan or carry out the purposes of this section. (3) Submission of plan.--The Commission shall submit a copy of the plan required by this subsection to the President and to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 3. AUTHORITY TO DELEGATE. Section 5 (47 U.S.C. 155) is amended by adding at the end the following new subsection: ``(f) Delegation to Advisory Coordinating Committees.-- ``(1) In general.--When necessary to the prompt and orderly conduct of its business, the Commission may, by published rule or order, delegate its authority to grant licenses and permits (and modifications and renewals thereof) for stations in the private mobile services to advisory coordinating committees qualified pursuant to section 332(b). Any order, decision, report, or action made or taken pursuant to any such delegation, unless reviewed as provided in paragraph (2), shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission. ``(2) Review of actions.--Any order, decision, report, or action described in paragraph (1) of this subsection shall be subject to review in the same manner as is provided by paragraphs (4) through (7) of subsection (c) with respect to an order, decision, report, or action made or taken pursuant to paragraph (1) of such subsection.''. SEC. 4. CONTRACT FILINGS. (a) Amendment.--Section 211 (47 U.S.C. 211) is amended to read as follows: ``SEC. 211. AUTHORITY TO REQUIRE CONTRACTS TO BE FILED. ``The Commission may, by rule, require the filing by any carrier subject to this Act of any contract, agreement, or arrangement.''. (b) Delayed Effective Date To Permit Rulemaking.--The amendment made by subsection (a) shall be effective 6 months after the date of enactment of this Act. SEC. 5. INTERLOCKING DIRECTORATES. Section 212 (47 U.S.C. 212), relating to interlocking directorates, is repealed. SEC. 6. VALUATION OF CARRIER PROPERTY. Section 213 (47 U.S.C. 213), relating to valuation of carrier property, is amended-- (1) by striking subsections (a) through (e); (2) in subsection (f), by striking ``such carrier'' and inserting ``any carrier subject to this Act''; and (3) by redesignating subsections (f) and (g) as subsections (a) and (b), respectively. SEC. 7. ELIMINATION OF COMMISSION AUTHORITY OVER NEW LINES; CONTROL OF ABANDONMENT TO PROTECT UNIVERSAL SERVICE. (a) Amendments.--Section 214 (47 U.S.C. 214) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Carrier Authority To Discontinue, Reduce, or Impair Service.--No carrier shall discontinue, reduce, or impair service to a community, or part of a community, unless and until there shall first have been obtained from the Commission a certificate that the public convenience and necessity will not be adversely affected thereby; except that the Commission may, upon appropriate request being made, authorize temporary or emergency discontinuance, reduction, or impairment of service, or partial discontinuance, reduction, or impairment of service, without regard to the provisions of this section. As used in this section the term `line' means any channel of communication established by the use of appropriate equipment, other than a channel of communication established by the interconnection of two or more existing channels.''; (2) in subsection (b)-- (A) by inserting ``Notice.--'' after the subsection designation; and (B) by striking ``in which such line is proposed to be constructed, extended, acquired, or operated, or''; (3) in subsection (c)-- (A) by inserting ``Issuance and Effect of Certificate.--'' after the subsection designation; (B) by striking ``or extension thereof''; (C) by striking ``construction, extension, acquisition, operation, or''; and (D) by striking ``Any construction, extension, acquisition, operation, discontinuance'' and inserting ``Any discontinuance''; and (4) in subsection (d), by inserting ``Mandatory Extensions of Service.--'' after the subsection designation. (b) Expeditious Consideration of Waiver Requests in Connection With Acquisitions.--A common carrier's application for a waiver of part 36, 61, or 69 of the Commission's rules (47 C.F.R. parts 36, 61, and 69) in connection with an acquisition of the lines of another common carrier shall be deemed approved 6 months after the date on which the application is filed with the Commission unless the Commission, prior to the expiration of such 6-month period, finds that the application is not in the public interest. (c) Delayed Effective Date for International Extensions.--The amendments made by subsection (a) of this section are effective upon enactment, except that such amendments shall not apply with respect to the construction, extension, or acquisition of any line for foreign communication until such date as the Commission prescribes by rule consistent with the public interest. SEC. 8. TRANSACTIONS RELATING TO SERVICES AND EQUIPMENT. Section 215 (47 U.S.C. 215), relating to transactions relating to services and equipment, is repealed. SEC. 9. INQUIRIES INTO MANAGEMENT. Section 218 (47 U.S.C. 218), relating to inquiries into management, is amended-- (1) by amending the section designation and heading of such section to read as follows: ``SEC. 218. AUTHORITY TO OBTAIN INFORMATION.''; (2) by striking the first sentence; and (3) by striking ``such carriers'' and inserting ``carriers subject to this Act''. SEC. 10. ANNUAL AND OTHER REPORTS. Section 219 (47 U.S.C. 219) is amended to read as follows: ``SEC. 219. FILING OF FINANCIAL STATEMENTS AND ANNUAL REPORTS. ``Each telecommunications carrier shall file with the Commission-- ``(1) a copy of any annual or other periodic report to shareholders; ``(2) a copy of any prospectus, registration statement, proxy statement, or other document distributed in connection with an offering of securities or the solicitation of shareholder votes; and ``(3) a copy of such other supplementary and periodic information, documents, and reports as may be required by the Securities and Exchange Commission pursuant to section 13 or 15(d) of the Securities Exchange Act of 1934.''. SEC. 11. PIONEER PREFERENCES. (a) Termination of Authority.--Paragraph (13) of section 309(j) (47 U.S.C. 309(j)) is amended to read as follows: ``(13) Termination of authority to grant pioneer preferences.--The authority of the Commission to provide preferential treatment in licensing procedures (by precluding the filing of mutually exclusive applications) to persons who make significant contributions to the development of a new service or to the development of new technologies that substantially enhance an existing service shall expire on the date of enactment of the FCC Modernization Act of 1996.''. (b) Conforming Amendments.--Section 309(j)(6) is amended-- (1) by inserting ``and'' after the semicolon at the end of subparagraph (F); (2) by striking subparagraph (G); (3) by striking ``section 8'' in subparagraph (H) and inserting ``sections 8 and 9''; and (4) by redesignating subparagraph (H) as subparagraph (G). SEC. 12. USE OF NAVAL STATIONS FOR COMMERCIAL MESSAGES. Section 327 (47 U.S.C. 327), relating to use of naval stations for commercial messages, is repealed. SEC. 13. VERY HIGH FREQUENCY STATIONS AND AM RADIO STATIONS. Section 331 (47 U.S.C. 331), relating to very high frequency stations and AM radio stations, is repealed. SEC. 14. PROCEEDS OF FACILITIES SITING FEES. Section 704(c) of the Telecommunications Act of 1996 (47 U.S.C. 332(c), note) is amended by inserting before the last sentence the following new sentence: ``All proceeds from the fees charged by Federal departments and agencies for use of property, rights-of-way, and easements shall be deposited in the Treasury in accordance with chapter 33 of title 31, United States Code. As used in this subsection, the term `agency' has the meaning provided in section 551(1) of title 5, United States Code, and includes, notwithstanding any other provision of law, any independent establishment in the Executive branch.''. SEC. 15. TRAVEL RESTRICTION. For the 2 years following the date of enactment of this Act, the Chairman of the Federal Communications Commission shall not be permitted to travel more than 50 miles from the District of Columbia while on official business.", "summary": "FCC Modernization Act of 1996 - Directs the Federal Communications Commission (FCC) to prepare a plan to: (1) adjust the allocation of FCC personnel to reflect competitive policies adopted by the United States; (2) propose the automation or privatization of routine FCC functions, as well as the termination of unnecessary functions; (3) reduce FCC management and overhead expenses; and (4) prepare the FCC for rapid response to changes in technologies and markets. (Sec. 3) Amends the Communications Act of 1934 to authorize the FCC to delegate to advisory coordinating committees its authority to grant licenses and permits for stations in the private mobile communications services. (Sec. 4) Authorizes the FCC to require the filing by any carrier of any contract, agreement, or arrangement. (Currently, every such carrier is required to make such filings.) (Sec. 5) Repeals provisions of the Act: (1) prohibiting any person from holding the position of officer or director of more than one carrier subject to the Act, unless authorized by the FCC; and (2) authorizing the FCC to undertake valuations, and require inventories, of carrier property. (Sec. 7) Terminates the FCC's authority to prohibit the construction of a new line, or the extension of a line, of communications service by a carrier without such carrier first obtaining a certificate of permission from the FCC. Delays the effective date of such termination with respect to the construction, extension, or acquisition of any line for foreign communications. Provides that a common carrier's application for a waiver of specified regulations in connection with an acquisition of the lines of another carrier shall be deemed approved six months after submission unless the FCC finds that the application is not in the public interest. (Sec. 8) Repeals provisions of the Act: (1) requiring the FCC to examine common carrier transactions relating to the furnishing of equipment, supplies, and services in order to determine the effect of such transactions on fees charged by such carriers; and (2) authorizing the FCC to inquire into the management of the business of all carriers subject to the Act. (Sec. 10) Requires each telecommunications carrier to file annually with the FCC its financial report to shareholders, as well as related documents and information. (Currently, the FCC is authorized to require certain reports from such carriers.) (Sec. 11) Terminates the FCC's authority to provide preferential treatment in licensing procedures to persons who make significant contributions to the development of a new telecommunication service or the development of new technologies that substantially enhance an existing service. (Sec. 12) Repeals provisions of the Act relating to: (1) the use of naval radio stations for broadcasting commercial messages; and (2) FCC allocation of very high frequency stations and AM radio stations. (Sec. 14) Provides for deposit into the Treasury of fees charged by Federal departments and agencies for use of property, rights-of-way, and easements. (Sec. 15) Prohibits the FCC Chairman, for two years after the enactment of this Act, from travelling more than 50 miles from the District of Columbia while on official business."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Promotion Equity Act''. SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM. (a) Declaration of Policy.--The first sentence of section 110(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended-- (1) by inserting after ``commercial use'' the following: ``and on imported dairy products''; and (2) by striking ``products produced in'' and inserting ``products produced in or imported into''. (b) Definitions.--Section 111 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502) is amended-- (1) in subsection (k), by striking ``and'' at the end; (2) in subsection (l), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(m) the term `imported dairy product' means any dairy product that is imported into the United States, including-- ``(1) milk and cream and fresh and dried dairy products; ``(2) butter and butterfat mixtures; ``(3) cheese; ``(4) casein and mixtures; and ``(5) other dairy products; and ``(n) the term `importer' means a person that imports an imported dairy product into the United States.''. (c) Funding.-- (1) Representation on board.--Section 113(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is amended-- (A) by designating the first through ninth sentences as paragraphs (1) through (5) and paragraphs (7) through (10), respectively; (B) in paragraph (1) (as so designated), by striking ``thirty-six'' and inserting ``38''; (C) in paragraph (2) (as so designated), by striking ``Members'' and inserting ``Of the members of the Board, 36 members''; and (D) by inserting after paragraph (5) (as so designated) the following: ``(6) Importers.-- ``(A) In general.--Of the members of the Board, 2 members shall be representatives of importers of imported dairy products. ``(B) Appointment.--The importer representatives shall be appointed by the Secretary from nominations submitted by importers under such procedures as the Secretary determines to be appropriate.''. (2) Assessment.--Section 113(g) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended-- (A) by designating the first through fifth sentences as paragraphs (1) through (5), respectively; and (B) by adding at the end the following: ``(6) Importers.-- ``(A) In general.--The order shall provide that each importer of imported dairy products shall pay an assessment to the Board in the manner prescribed by the order. ``(B) Rate.--The rate of assessment on imported dairy products shall be determined in the same manner as the rate of assessment per hundredweight or the equivalent of milk. ``(C) Value of products.--For the purpose of determining the assessment on imports under subparagraph (B), the value to be placed on imported dairy products shall be established by the Secretary in a fair and equitable manner.''. (3) Records.--The first sentence of section 113(k) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(k)) is amended by striking ``person receiving'' and inserting ``importer of imported dairy products, each person receiving''. (4) Referendum.--Section 116 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4507) is amended by adding at the end the following: ``(d) Referendum on Dairy Promotion Equity Act.-- ``(1) In general.--On the request of a representative group comprising 10 percent or more of the number of producers subject to the order, the Secretary shall-- ``(A) conduct a referendum to determine whether the producers favor suspension of the application of the amendments made by section 2 of the Dairy Promotion Equity Act; and ``(B) suspend the application of the amendments until the results of the referendum are known. ``(2) Continuation of suspension.--The Secretary shall continue the suspension of the application of the amendments referred to in paragraph (1)(A) only if the Secretary determines that suspension of the application of the amendments is favored by a majority of the producers voting in the referendum who, during a representative period (as determined by the Secretary), have been engaged in the production of milk for commercial use.''.", "summary": "Dairy Promotion Equity Act - Amends the Dairy Production Stabilization Act of 1983 to: (1) require dairy importers to contribute to the dairy promotion program; (2) increase National Dairy Board membership by including importers; and (3) provide for a referendum regarding suspension of certain provisions under the Dairy Promotion Equity Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service Entrepreneurial Management Reform Act of 1994''. SEC. 2. FEES. (a) Admission Fees.--Section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended as follows: (1) In the first sentence of paragraph (1)(A)(i), by striking ``$25'' and inserting ``$40''. (2) By amending the second sentence of paragraph (1)(A)(i) to read as follows: ``The permittee and the accompanying spouse, children, and parents of the permittee shall be entitled to general admission into any area designated pursuant to this section.''. (3) By modifying the margin of clause (ii) of paragraph (1)(A) to align with the margin of clause (i). (4) By inserting at the end of clause (ii) of paragraph (1)(A) the following: ``Such receipts shall be made available, subject to appropriation, for authorized resource protection, rehabilitation, and conservation projects as provided for by subsection (i), including projects to be carried out by the Public Land Corps or any other conservation corps pursuant to the Youth Conservation Corps Act of 1970 (16 U.S.C. 1701 and following), or other related programs or authorities, on lands administered by the Secretary of the Interior and the Secretary of Agriculture.''. (5) In paragraph (1)(B), by striking ``$15'' and inserting ``$25'' and by adding at the end the following new sentence: ``Any amount by which the fee for such an annual permit exceeds $15 shall be credited to the appropriation account of the unit of the National Park System that collected the fee, shall be available to the unit without further appropriation, and shall remain available until expended.''. (6) In paragraph (2), by inserting ``(A)'' after ``(2)'', by striking the fifth and sixth sentences, by amending the fourth sentence to read as follows: ``The fee for a single- visit permit at any designated area shall be not more than $6 per person for persons entering by any means, except that the fee shall not exceed $20 for all persons entering a designated area in a single noncommercial vehicle.'', and by adding at the end the following new subparagraph: ``(B) The Secretary shall establish a pilot project at Yosemite National Park that utilizes incentives, including waiving or reducing admission fees, to encourage use of public transit which serves the purpose of reducing vehicular traffic within Yosemite National Park.''. (7) In paragraph (3), by striking the last sentence. (8) In paragraph (4), by striking ``No other free permits shall be issued to any person'' and inserting ``No other free permits shall be issued to any person, except as otherwise provided by this subsection''. (9) In paragraph (4), by amending the second sentence to read as follows: ``Such permit shall be nontransferable, shall be issued for a one-time charge of $10, and shall entitle the permittee and the accompanying spouse of the permitee to general admission into any area designated pursuant to this subsection.''. (10) In paragraph (6) by striking ``on Interior and Insular Affairs'' and inserting ``on Natural Resources''. (11) In paragraph (9), by striking ``San Juan National Historic Site, and Canaveral National Seashore'' and inserting ``and San Juan National Historic Site'' and by adding the following at the end thereof: ``The Secretary of the Interior shall submit a report to the Congress within 6 months after the enactment of this sentence respecting the areas at which the Secretary determines admission fees would be appropriate but at which such fees are prohibited by law and respecting each area at which such fees are authorized but not being collected (including an explanation of the reasons that such fees are not being collected).''. (12) By amending paragraph (11) to read as follows: ``(11) In the case of Yellowstone and Grand Teton National Parks, a single-visit fee collected at one unit shall also admit the person who paid such fee for a single visit to the other unit.''. (b) Penalty.--Section 4(e) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking ``$100'' and inserting ``$1,000''. (c) Technical Amendments.--(1) Section 4(h) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking ``on Interior and Insular Affairs of the United States House of Representatives and United States Senate'' and inserting ``on Natural Resources of the United States House of Representatives and on Energy and Natural Resources of the United States Senate'', by striking ``Bureau of Outdoor Recreation'' and inserting ``National Park Service'', and by striking ``Bureau'' and inserting ``National Park Service''. (2) Section 4(g) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking ``or charges for commercial or other activities not related to recreation''. (d) Use of Fees.--Section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended as follows: (1) By inserting ``Use of Fees.--'' after ``(i)''. (2) In the first sentence of paragraph (1)(B), by striking ``fee collection costs for that fiscal year'' and inserting ``fee collection costs for the immediately preceding fiscal year'' and by striking ``section in that fiscal year'' and inserting ``section in such immediately preceding fiscal year''. (3) In the second sentence of paragraph (1)(B), by striking ``in that fiscal year''. (4) In paragraph (1), by adding at the end the following new subparagraph: ``(C) Notwithstanding subparagraph (A) and notwithstanding any other provision of law, for fiscal years after fiscal year 1995, the amount by which the receipts collected pursuant to this section by the National Park Service (except for the portion of fee receipts withheld as provided in subparagraph (B) for fee collection costs) exceeds the receipts collected pursuant to this section by the National Park Service in fiscal year 1993 shall be covered into a special fund established in the Treasury of the United States to be known as the `National Park Renewal Fund'. Amounts in such fund shall be available to the Secretary of the Interior, without further appropriation, for resource protection, research, interpretation, and maintenance activities related to resource protection and visitor enjoyment in areas managed by the National Park Service and shall be allocated among national park system units in accordance with subsection (j). Such amounts shall remain available until expended. The Secretary shall develop procedures for the use of amounts in the fund that ensure accountability and demonstrated results consistent with the purposes of this Act. Beginning after the first full fiscal year following enactment of this subparagraph, the Secretary shall submit an annual report to Congress, on a unit-by-unit basis, detailing the fees receipts collected pursuant to this section and the expenditures of such receipts.''. (e) Time of Reimbursement.--Section 4(k) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking the last sentence. (f) Fees for Special Uses.--Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by adding the following new subsection at the end: ``(o) Fees for Special Uses.--The Secretary of the Interior shall establish reasonable fees for nonrecreational uses of national park system units that require special arrangements, including permits. The fees shall be set at such level as the Secretary deems necessary to insure that the United States will receive fair market value for the use of the area concerned and shall, at a minimum, cover all costs of providing necessary services associated with such special uses, except that the Secretary may, in his discretion, waive or reduce such fees in the case of any nonprofit organization or any organization using an area within the national park system for educational or park-related purposes. Notwithstanding any other provision of law, the Secretary shall retain so much of the revenue from such fees as is equal to fee collection costs and the costs of providing the necessary services associated with such special uses. Such retained amounts shall be credited to the appropriation account for the national park system unit concerned and shall remain available until expended, beginning in the fiscal year in which the amounts are so credited.''. (g) Admission or Recreation Use Fees.--Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended by adding the following new subsection at the end: ``(p) Admission or Recreation Use Fees.--Notwithstanding any other provision of law, no admission or recreation use fee of any kind shall be charged or imposed for entrance into, or use of, any federally owned area operated and maintained by a Federal agency and used for outdoor recreation purposes, except as provided for by this Act.''. SEC. 3. CHALLENGE COST-SHARE AGREEMENTS. (a) Agreements.--The Secretary of the Interior is authorized to negotiate and enter into challenge cost-share agreements with cooperators. For purposes of this section-- (1) The term ``challenge cost-share agreement'' means any agreement entered into between the Secretary and any cooperator for the purpose of sharing costs or services in carrying out any authorized functions and responsibilities of the Secretary with respect to any unit of the national park system (as defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1b-1c)), any affiliated area, or any designated national scenic or historic trail. (2) The term ``cooperator'' means any State or local government, public or private agency, organization, institution, corporation, individual, or other entity. (b) Use of Federal Funds.--In carrying out challenge cost-share agreements, the Secretary is authorized, subject to appropriation, to provide the Federal funding share from any funds available to the National Park Service. SEC. 4. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES. Notwithstanding any other provision of law, any funds payable to United States as restitution on account of damage to national park resources or property shall be paid to the Secretary of the Interior. Any such funds, and any other funds received as a result of forfeiture, compromise, or settlement on account of damage to national park resources or property shall be credited to the appropriation account for the national park system unit concerned and shall be available, without further appropriation, for expenditure by the Secretary, without regard to fiscal year limitation, to improve, protect, or rehabilitate any park resources or property which have been damaged by the action of a permittee or any unauthorized person.", "summary": "National Park Service Entrepreneurial Management Reform Act of 1994 - Amends the Land and Water Conservation Fund Act of 1965 to increase fees for admission to units of the National Park System (NPS) and other specified areas. Makes receipts from admission available, subject to appropriation, for authorized resource protection, rehabilitation, and conservation projects. (Sec. 2) Requires the Secretary of the Interior to establish a pilot project at Yosemite National Park that utilizes incentives, including waiving or reducing admission fees, to encourage use of public transit which serves the purpose of reducing vehicular traffic within such park. Revises provisions regarding the issuance of lifetime admission permits, including a limitation that such a permit entitles only the permittee and the accompanying spouse to free admission. Directs the Secretary to report to the Congress respecting areas where the Secretary determines that admission fees would be appropriate but where such fees are prohibited by law, and areas where such fees are authorized but not being collected. Increases the penalty for violations of rules and regulations regarding admission and special recreation use fees. Modifies provisions regarding the use of fees collected. Requires that specified receipts be covered into a special National Park Renewal Fund. Makes such funds available for resource protection, research, interpretation, and maintenance activities related to resource protection and visitor enjoyment in areas managed by the National Park Service. Repeals a requirement that qualified public or private entities selling annual admission permits reimburse the United States for the full amount to be received from the sale of such permits when or before the agency delivers the permits to such entity for sale. Directs the Secretary to establish reasonable fees for nonrecreational uses of NPS units that require special arrangements. Prohibits charging an admission or recreation use fee for entrance into, or use of, any federally owned area operated and maintained by a Federal agency which is used for outdoor recreation purposes, except as provided for by such Act. (Sec. 3) Authorizes the Secretary to: (1) negotiate and enter into agreements with State or local governments, individuals, or other entities for the purpose of sharing costs or services in carrying out authorized functions and responsibilities of the Secretary with respect to NPS units; and (2) provide, subject to appropriation, the Federal funding share from any funds available to the National Park Service in carrying out such agreements. (Sec. 4) Requires any funds payable to the United States as restitution for damages to national park resources or property to be paid to the Secretary and made available for improvement, protection, or rehabilitation of damaged resources or property."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Balanced Trade Act of 2006''. SEC. 2. FINDINGS OF CONGRESS. Congress makes the following findings: (1) Since 1997, the United States current account deficit, the broadest measure of United States international trade, has grown substantially, both absolutely and relative to gross domestic product (GDP), increasing from $140,400,000,000 in 1997 (1.7 percent of GDP) to $791,000,000,000 in 2005 (6.3 percent of GDP). (2) Strong manufacturing and agricultural sectors are important to nurturing and sustaining the health and security of the Nation's economy. The persistent current account deficit weakens United States manufacturing and agriculture and causes the loss of United States jobs. It can be estimated that the 2005 merchandise trade deficit cost the United States up to 15,000,000 jobs. (3) The direction and trend of the current account deficit is unsustainable in the long run and needs immediate corrective action. (4) It is critical to the Nation's economic future that the current account deficit be addressed by adopting statutory changes that will eliminate some of the causes of the trade deficit and will begin to move the Nation to a positive trade balance. SEC. 3. MANDATORY PRESIDENTIAL ACTION WHENEVER THE UNITED STATES CURRENT ACCOUNT DEFICIT EXCEEDS 2 PERCENT OF THE UNITED STATES GROSS DOMESTIC PRODUCT. Section 122 of the Trade Act of 1974 (19 U.S.C. 2132) is amended-- (1) by redesignating subsections (c) through (h) as (d) through (i), respectively; and (2) by inserting after subsection (b) the following new subsection (c): ``(c) Mandatory Presidential Proclamation of Temporary Import Surcharge Whenever the United States Current Account Deficit Exceeds 2 Percent of the Gross Domestic Product.-- ``(1) In general.--Notwithstanding the provisions of subsections (a) and (b), whenever there is a United States current account deficit that exceeds 2 percent of the gross domestic product, then-- ``(A) for purposes of subsection (a), the President shall determine that fundamental international payments problems do exist that require special import measures to restrict imports; and ``(B) within 30 days after making that determination, the President shall proclaim, for the period described in paragraph (2), a temporary import surcharge under this subsection in the form of duties (in addition to those already imposed, if any) on articles imported into the United States. ``(2) Period of surcharge.--The period of the surcharge proclaimed under this subsection is the period beginning on the date on which the surcharge is proclaimed and ending on the date on which there is not a United States current account deficit, or there is a United States current account deficit that does not exceed 1 percent of the gross domestic product. ``(3) Amount of surcharge.-- ``(A) Minimum.--The amount of the surcharge proclaimed under this subsection shall be not less than 20 percent ad valorem. ``(B) Adjustment to ensure period of not more than 24 months.--Subject to subparagraph (A), the amount of the surcharge shall be adequate to ensure that the period in which the surcharge applies (as described in paragraph (2)) is not more than 24 months. Whenever the President determines that the amount of the surcharge is inadequate to ensure that the period in which the surcharge applies is not more than 24 months, the President shall increase the amount by at least 1 percent. ``(4) Data used in making determinations.--Each determination under this subsection shall be made using the most recently available information for a 1-year period compiled by the Bureau of Economic Analysis of the Department of Commerce. ``(5) Exceptions.-- ``(A) Country exemptions.--Subsection (e)(2) applies to a surcharge proclaimed under this subsection to the same extent that it applies to an import restricting action proclaimed pursuant to subsection (a). ``(B) Product exceptions.--Subsection (f) applies to a surcharge proclaimed under this subsection to the same extent that it applies to an import restricting action proclaimed pursuant to subsection (a).''.", "summary": "Balanced Trade Act of 2006 - Amends the Trade Act of 1974 to require the President whenever there is a trade deficit that exceeds 2% of the gross domestic product (GDP) to: (1) restrict imports; and (2) proclaim, for a determined period, a temporary import surcharge of not less than 20% ad valorem on articles imported into the United States. (Currently, the President has the authority to temporarily impose import surcharges (not to exceed 15% ad valorem) and import restrictions on articles in certain situations of fundamental international payments problems.)"}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Intelligence Oversight Act''. SEC. 2. INTELLIGENCE ON IRAN. (a) Submittal to Congress of Updated National Intelligence Estimate on Iran.-- (1) Submittal required.--As soon as is practicable, but not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress an updated National Intelligence Estimate on Iran. (2) Notice regarding submittal.--If the Director determines that the National Intelligence Estimate required by paragraph (1) cannot be submitted by the date specified in that paragraph, the Director shall submit to Congress a report setting forth-- (A) the reasons why the National Intelligence Estimate cannot be submitted by such date; and (B) an estimated date for the submittal of the National Intelligence Estimate. (3) Form.--The National Intelligence Estimate under paragraph (1) shall be submitted in classified form. Consistent with the protection of intelligence sources and methods, an unclassified summary of the key judgments of the National Intelligence Estimate should be submitted. (4) Elements.--The National Intelligence Estimate submitted under paragraph (1) shall address the following: (A) The foreign policy and regime objectives of Iran. (B) The current status of the nuclear programs of Iran, including-- (i) an assessment of the current and projected capabilities of Iran to design a nuclear weapon, to produce plutonium, enriched uranium, and other weapons materials, to build a nuclear weapon, and to deploy a nuclear weapon; and (ii) an assessment of the intentions of Iran regarding possible development of nuclear weapons, the motivations underlying such intentions, and the factors that might influence changes in such intentions. (C) The military and defense capabilities of Iran, including any non-nuclear weapons of mass destruction programs and related delivery systems. (D) The relationship of Iran with terrorist organizations, the use by Iran of terrorist organizations in furtherance of its foreign policy objectives, and the factors that might cause Iran to reduce or end such relationships. (E) The prospects for support from the international community for various potential courses of action with respect to Iran, including diplomacy, sanctions, and military action. (F) The anticipated reaction of Iran to the courses of action set forth under subparagraph (E), including an identification of the course or courses of action most likely to successfully influence Iran in terminating or moderating its policies of concern. (G) The level of popular and elite support within Iran for the Iran regime, and for its civil nuclear program, nuclear weapons ambitions, and other policies, and the prospects for reform and political change within Iran. (H) The views among the populace and elites of Iran with respect to the United States, including views on direct discussions with or normalization of relations with the United States. (I) The views among the populace and elites of Iran with respect to other key countries involved in nuclear diplomacy with Iran. (J) The likely effects and consequences of any military action against the nuclear programs or other regime interests of Iran. (K) The confidence level of key judgments in the National Intelligence Estimate, the quality of the sources of intelligence on Iran, the nature and scope of any gaps in intelligence on Iran, and any significant alternative views on the matters contained in the National Intelligence Estimate. (b) Presidential Report on Policy Objectives and United States Strategy Regarding Iran.-- (1) Report required.--As soon as is practicable, but not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report on the following: (A) The objectives of United States policy on Iran. (B) The strategy for achieving such objectives. (2) Form.--The report under paragraph (1) shall be submitted in unclassified form with a classified annex, as appropriate. (3) Elements.--The report submitted under paragraph (1) shall-- (A) address the role of diplomacy, incentives, sanctions, other punitive measures and incentives, and other programs and activities relating to Iran for which funds are provided by Congress; and (B) summarize United States contingency planning regarding the range of possible United States military actions in support of United States policy objectives with respect to Iran. (c) Director of National Intelligence Report on Process for Vetting and Clearing Administration Officials' Statements Drawn From Intelligence.-- (1) Report required.--As soon as is practicable, but not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the process for vetting and clearing statements of Administration officials that are drawn from or rely upon intelligence. (2) Elements.--The report shall-- (A) describe current policies and practices of the Office of the Director of National Intelligence and the intelligence community for-- (i) vetting and clearing statements of senior Administration officials that are drawn from or rely upon intelligence; and (ii) how significant misstatements of intelligence that may occur in public statements of senior public officials are identified, brought to the attention of any such officials, and corrected; (B) assess the sufficiency and adequacy of such policies and practices; and (C) include any recommendations that the Director considers appropriate to improve such policies and practices.", "summary": "Iran Intelligence Oversight Act - Requires the Director of National Intelligence, within 90 days after the enactment of this Act, to submit to Congress an updated National Intelligence Estimate on Iran. Directs, within the same time frame: (1) the President to report on the objectives of U.S. policy on Iran, as well as the strategy for achieving such objectives; and (2) the Director to report on the process for vetting and clearing statements of Administration officials that are drawn from or rely upon intelligence."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Dream Tax Fairness Equity Act of 1997''. SEC. 2. REDUCTION OF MAXIMUM CAPITAL GAINS RATE FOR INDIVIDUALS TO 15 PERCENT WITH RESPECT TO ASSETS HELD FOR MORE THAN 3 YEARS. (a) In General.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, then the tax imposed by this section shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of-- ``(i) taxable income reduced by the amount of the net capital gain, or ``(ii) the amount of taxable income taxed at a rate below 28 percent, ``(B) 15 percent of qualified 3-year capital gain (to the extent not taken into account under subparagraph (A)), and ``(C) 28 percent of the excess (if any) of taxable income over the amounts taken into account under subparagraphs (A) and (B). ``(2) Qualified 3-year capital gain.--For purposes of this subsection, the term `qualified 3-year capital gain' means the lesser of-- ``(A) net long-term capital gain for the taxable year, determined by substituting `held for more than 3 years' for `held for more than 1 year' in paragraphs (3) and (4) of section 1222, or ``(B) net capital gain for such taxable year. ``(3) Coordination with investment income election.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer elects to take into account as investment income for the taxable year under section 163(d)(4)(B)(iii).'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 2. REPLACEMENT OF ESTATE AND GIFT TAX RATE SCHEDULES. (a) Estate Tax Rate Schedule Replaced by 15 and 28 Percent Tax Rates.-- (1) In general.--Subsection (b) of section 2001 of the Internal Revenue Code of 1986 (relating to imposition and rate of tax) is amended to read as follows: ``(b) Computation of Tax.--The amount imposed by this section shall be-- ``(1) 15 percent of all qualified 3-year capital gain (within the meaning of section 1(h)) included in the taxable estate, and ``(2) 28 percent of all capital gain (other than such qualified 3-year capital gain) included in the taxable estate, determined as if all property included in the taxable estate had been sold for its fair market value on the date of the decedent's death (or the date applicable with respect to the valuation of such property under section 2032, if any).'' (2) Repeal of rate schedule.--Section 2001 of such Code is amended by striking subsection (c). (3) Conforming amendments.--Section 2001 of such Code is amended by striking subsections (d) and (e). (b) Reduction of Gift Tax.--Subsection (a) of section 2502 of such Code is amended to read as follows: ``(a) Computation of Tax.--The tax imposed by section 2501 for each calendar year shall be-- ``(1) 15 percent of all qualified 3-year capital gain (as defined in section 1(h)) contained in the taxable gifts made during such year, and ``(2) 28 percent of all capital gain (other than such qualified 3-year capital gain) contained in such taxable gifts, determined, with respect to each such gift, as if all property contained in such gift had been sold by the grantor for its fair market value on the date of such gift.'' (c) Unified Credit Against Estate and Gift Taxes.-- (1) Unified credit against estate tax.--Subsection (a) of section 2010 of such Code (relating to unified credit against estate tax) is amended to read as follows: ``(a) Allowance of credit.-- ``(1) General rule.--A credit of the amount determined under paragraph (2) shall be allowed to the estate of every decedent against the tax imposed by section 2001. ``(2) Amount of credit.--The amount determined under this paragraph is the amount equal to the sum of-- ``(A) the tax imposed under section 2001(b)(2) (to the extent that such tax is imposed on so much of the imputed capital gains amount as does not exceed $600,000), and ``(B) the tax imposed under section 2001(b)(1) on the excess (if any) of-- ``(i) so much of the imputed capital gains amount as does not exceed $600,000, over ``(ii) the portion of the imputed capital gains amount taken into account under subparagraph (A). ``(3) Imputed capital gains amount.--For purposes of this subsection, the term `imputed capital gains amount' means the aggregate amount to which the rates of section 2001(b) apply. ``(4) Coordination with unified credit used to reduce gift tax.-- ``(A) In general.--The $600,000 amounts referred to in subparagraphs (A) and (B)(i) of paragraph (2) shall each be reduced by the cumulative gift tax credit amount. ``(B) Cumulative gift tax credit amount.--For purposes of this paragraph, the term `cumulative gift tax credit amount' means the sum of the capital gains gift amounts (as defined in section 2505(a)(3)) with respect to which a credit was allowed under section 2505 (relating to unified credit against gift tax), determined by not taking into account any gift included in the taxable estate.'' (2) Unified credit against gift tax.--Subsection (a) of section 2505 of such Code (relating to unified credit against gift tax) is amended to read as follows:- ``(a) Allowance of Credit.-- ``(1) General rule.--In the case of a citizen or resident of the United States, there shall be allowed as a credit against the tax imposed by section 2501 for each calendar year an amount equal to-- ``(A) the amount determined under paragraph (2), reduced by-- ``(B) the sum of the amounts allowable as a credit to the individual under this section for all preceding calendar periods with respect to gifts made before the gift tax change date, as determined under paragraph (4). ``(2) Amount.--The amount determined under this paragraph is the amount equal to the sum of-- ``(A) the tax imposed under section 2502(a)(2) for the year on the capital gains gift amount, and ``(B) the tax imposed under section 2502(a)(1) for the year on the excess (if any) of-- ``(i) the capital gains gift amount for the year, over ``(ii) the portion of such capital gains gift amount taken into account under subparagraph (A). ``(3) Capital gains gift amount.--For purposes of this subsection, the term `capital gains gift amount' means, for any year, the amount to which the rates of section 2502(b) apply with respect to such year, but not more than the excess (if any) of-- ``(A) $600,000, over ``(B) the sum of the capital gains gift amounts for all preceding years (determined without taking into account any gift made before the date of the enactment of this paragraph). ``(4) Gifts made before gift tax change date.-- ``(A) In general.--For purposes of paragraph (1)(B), the amount allowable as a credit to an individual under this section for a preceding calendar period with respect to any gift made before the gift tax change date shall be the amount which would have been allowable to the individual as a credit under this section with respect to such gift-- ``(i) if this section and section 2001(b), as in effect on the day after the date of the enactment of this paragraph, had been in effect for the year of such gift and all preceding calendar periods, and ``(ii) without regard to the parenthetical contained in paragraph (3)(B). ``(B) Gift made before gift tax change date.--For purposes of this section, the term `gift made before gift tax change date' means a gift made before the date of the enactment of this paragraph (other than a gift taken into account under subsection (b)).'' (3) Conforming amendment.--Subsection (b) of section 2502 of such Code is amended by adding at the end the following new flush sentence: ``In connection with the gift tax imposed by this chapter for the calendar year in which this sentence is enacted with respect to gifts made on or after the date of such enactment, the term `preceding calendar period' shall include the portion of such calendar year which precedes such date of enactment.'' (d) Estates of Nonresident Aliens.-- (1) Rate change.-- (A) In general.--Subsection (b) of section 2101 of such Code (relating to tax imposed on estates of nonresident aliens) is amended to read as follows: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the tax computed under section 2001(b) (determined as if section 2001 applied to the decedent).'' (B) Conforming amendment.--Section 2101 of such Code is amended by striking subsection (c). (2) Credits against tax.--Section 2102 of such Code (relating to credits against estate tax for nonresidents not citizens) is amended by adding at the end the following new subsection: ``(d) Adjustment of Amounts To Reflect Unified Credit Changes.--The Secretary shall by regulation adjust the dollar amounts provided in this section to reflect, in a proportionate manner, the changes made to sections 2010 and 2505 on the date of the enactment of this subsection.'' (e) Effective Date.--The amendments made by this section shall apply to estates of decedents dying on or after, and gifts made on or after, the date of the enactment of this Act. SEC. 3. TAX ON TRUSTS WHEN GRANTOR DIES. (a) In General.--Subpart A of part I of subchapter J of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 646. ASSETS MARKED TO MARKET WHEN GRANTOR DIES. ``(a) In General.--For purposes of this title, on the death of any individual who has contributed property to a trust-- ``(1) the trust shall recognize gain or loss as if all property so contributed by the decedent which is contained in the trust were sold for its fair market value on the date of such death, ``(2) such gain or loss shall be taken into account for the taxable year of the trust in which such death occurs, and ``(3) proper adjustment shall be made in the amount of any gain or loss subsequently realized for gain or loss taken into account under paragraph (2). ``(b) Property Contributed by Partnership or Corporation.--For purposes of this section, the Secretary may by regulations provide that property contributed to a trust by a partnership or corporation shall be treated as contributed by the individual having a greater than 50 percent interest in such partnership or owning more than 50 percent of the stock of such corporation. For purposes of this subsection, rules similar to the rules of section 318 (relating to constructive ownership of stock) shall apply. ``(c) Proportionate Application.--If any property was contributed to a trust partially by the decedent and partially by another person, the portion of such property so contributed by the decedent shall be treated as a separate asset for purposes of this title and subsection (a) shall apply to such portion. ``(d) Coordination With Inclusion in Taxable Estate.--This section shall not apply to the portion of any trust which is included in the taxable estate of any individual.'' (b) Clerical Amendment.--The table of sections for subpart A of part I of subchapter J of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 646. Assets marked to market when grantor dies.'' (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to decedents dying on or after the date of the enactment of this Act. (2) Trusts containing property contributed by decedents dying before date of enactment.--For purposes of section 646 of the Internal Revenue Code of 1986 (as added by subsection (b)), any individual dying before the date of the enactment of this Act shall be treated as dying on the date of the enactment of this Act.", "summary": "American Dream Tax Fairness Equity Act of 1997 - Amends the Internal Revenue Code to reduce the three-year capital gains rate to 15 percent. Revises provisions regulating the computation of estate and gift taxes and credits, basing the taxes and credits on capital gains. Requires a trust, on the death of any individual who contributed property to the trust, to recognize gain or loss as if that property was sold for its fair market value on the death date. Provides for the treatment of contributions by partnerships or corporations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Invasive Species Council Act''. SEC. 2. STATEMENT OF POLICY REGARDING FEDERAL DUTIES. (a) In General.--No Federal agency may authorize, fund, or carry out any action that would likely cause or promote the introduction or spread of an invasive species in the United States or any other location, unless the head of the Federal agency, at his or her sole discretion and pursuant to guidelines developed under subsection (b), determines that-- (1) the benefits of the action under consideration clearly outweigh the potential harm to the environment, economy, or human health caused by the introduction or spread of the invasive species; and (2) all feasible and prudent measures to minimize risk of harm to the environment, economy, or human health will be taken in carrying out the actions. (b) Guidelines.--The Council for Environmental Quality, in conjunction with the Invasive Species Council, shall develop guidelines for Federal agencies to analyze actions pursuant to this section. SEC. 3. NATIONAL INVASIVE SPECIES COUNCIL. (a) Establishment.--There is established as an independent entity within the executive branch the National Invasive Species Council. The Council shall provide leadership and coordination among Federal agencies, and between the Federal Government and State and local governments, with respect to effort to minimize the economic, ecological, and human health impacts that invasive species cause and reduce the threat of further invasions. (b) Membership.-- (1) In general.--The Council shall consist of the following members: (A) The Secretary of the Interior. (B) The Secretary of Agriculture. (C) The Secretary of Commerce. (D) The Secretary of State. (E) The Secretary of the Treasury. (F) The Secretary of Defense. (G) The Secretary of Transportation. (H) The Secretary of Health and Human Services. (I) The Administrator of the Environmental Protection Agency. (J) The Administrator of the United States Agency for International Development. (K) Such additional members as may be appointed under paragraph (2). (2) Additional members.--With the concurrence of a majority of the members of the Council, the Chair of the Council may appoint additional members to the Council from among individuals who are officers or employees of the Federal Government with significant responsibilities concerning invasive species. (c) Chair.--The Secretary of the Interior shall serve as chair of the Council for the three-year period beginning on the date of the enactment of this Act. Thereafter, the chair shall rotate every three years among the following members, in the order stated: (1) The Secretary of Agriculture. (2) The Secretary of Commerce. (3) The Secretary of the Interior. (d) Meetings.--The Council shall meet at least semiannually, at the call of chair. (e) Executive Director.-- (1) Appointment.--The President shall appoint the Executive Director of the Council, by and with the advice and consent of the Senate. (2) Consultation.--Before appointing an individual under paragraph (1), the President shall consult with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce. (3) Qualifications.--An individual appointed under this subsection must have legal or scientific experience and training in the area of natural resources, ecology, or agriculture, and experience in dealing with public policy matters regarding aquatic and terrestrial invasive species. (4) Term.--The Executive Director of the Council shall serve a term of six years, unless removed earlier by the President. (5) Compensation.--The Executive Director shall be paid at the maximum rate of basic pay for GS-15 of the General Schedule. SEC. 4. DUTIES. (a) In General.--The Council shall ensure that Federal agency efforts concerning invasive species are coordinated, effective, complementary, and cost-efficient. (b) Specific Functions.--To carry out subsection (a) the Council shall perform the following functions: (1) Coordinate with existing organizations addressing invasive species, such as the Aquatic Nuisance Species Task Force, the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, regional panels established under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.), and the White House Office of Science and Technology Policy, to implement the National Management Plan. (2) Develop recommendations for international cooperation between Federal and State Governments and other nations on tools, policies, and methods to prevent the introduction and export of invasive species into and from, respectively, the United States. (3) Develop guidelines for Federal agency efforts to ensure that Federal programs concerning invasive species, including outreach programs, are coordinated with State, local, and tribal governments. (4) Develop, in consultation with the Council on Environmental Quality, guidance to Federal agencies pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) on prevention, control, and eradication of invasive species. (5) Establish and maintain a publicly accessible, coordinated, up-to-date information sharing system that-- (A) allows the access to and exchange of information among Federal agencies and the public; and (B) utilizes, to the greatest extent practicable, the Internet. (6) Ensure that Federal agencies implement the plans, programs, and policies adopted by the Council in the National Management Plan through appropriate actions, including working in cooperation with Federal agencies on development of budgets pursuant to the President's annual budget submission to the Congress. (7) Evaluate Federal programs that are likely to cause or promote the introduction or spread of invasive species in the United States, and recommend actions Federal agencies can take to minimize the risk of introductions or further spread of invasive species. (8) Develop and submit to the appropriate Committees of the House of Representatives and Senate and the Director of the Office of Management and Budget an annual list of priorities, ranked in high, medium, and low categories, of Federal efforts and programs in the following areas: (A) Prevention. (B) Eradication. (C) Control. (D) Monitoring. (E) Research. (F) Outreach. SEC. 5. NATIONAL INVASIVE SPECIES MANAGEMENT PLAN. (a) Development.-- (1) In general.--The Council shall develop a National Invasive Species Management Plan that details and recommends performance-oriented goals and specific measures of success for carrying out each of the Federal agency activities related to invasive species. (2) Development process.--The National Management Plan shall be developed through a public process and in consultation with Federal agencies, appropriate State and local entities, and other appropriate stakeholders. (3) Contents.--The National Management Plan shall include recommendations of effective, cost-efficient, environmentally sound, and science-based approaches for the following: (A) Prevention of the introduction of invasive species, including approaches for identifying pathways by which invasive species are introduced and for minimizing the risk of introductions via those pathways. Recommended approaches under this subparagraph shall provide for-- (i) a process to evaluate risks associated with the introduction and spread of invasive species; and (ii) a coordinated and systematic risk- based process to identify, monitor, and interdict pathways that may be involved in the introduction of invasive species. (B) Cooperating with other nations to increase their capacity to control their invasive species and to prevent the spread of invasive species across international borders. (C) Rapidly detecting and responding to incipient invasions of invasive species. (D) Managing new and established populations of invasive species by eradicating them or controlling their spread. (E) Accurately and reliably monitoring new and established populations of invasive species. (F) Restoring native species and habitat conditions in ecosystems that have been invaded by invasive species. (G) Evaluating and documenting the impacts of invasive species on the economy, the environment, and human health. (H) Conducting research on the matters referred to in subparagraphs (A) through (F). (I) Developing technologies to prevent the introduction and provide for the management of invasive species. (J) Promoting public education on invasive species and the means to address them. (4) Identification of needed personnel, etc.--The National Management Plan shall identify the personnel, other resources, and additional levels of coordination needed to achieve the goals included in the plan. (b) Existing Plan.--The Management Plan of the National Invasive Species Council adopted in 2001 shall be treated as the National Management Plan required under subsection (a) until the date of the issuance of the National Management plan in accordance with subsection (c). (c) Issuance and Update of National Management Plan.--The Council shall-- (1) issue the National Management Plan required under subsection (a) by not later than December 31, 2003; (2) update the National Management Plan by not later than December 31 biennially; and (3) concurrently with the process of updating the National Management Plan, evaluate and report to the Congress on success in achieving the goals set forth in the National Management Plan. (d) Agency Reports.--Within 18 months after the date of the issuance of any edition of the National Management Plan that recommends action by a Federal agency, the head of such agency shall report to the Congress any of such actions that the agency has not taken, with an explanation of why the action is not feasible. SEC. 6. INVASIVE SPECIES ADVISORY COMMITTEE. (a) In General.--The Council shall have an advisory committee to provide information and advice for consideration by the Council, which shall be known as the Invasive Species Advisory Committee. Except as otherwise provided in this section, the advisory committee shall be organized, perform the functions, and have the authorities specified in the charter for such advisory committee signed by the Secretary of the Interior on October 30, 2001. (b) Appointment.--Members of the advisory committee shall be appointed by the chair of the Council, after consultation with the other members of the Council, from among individuals representing stakeholders with respect to Federal programs for minimizing the economic, ecological, and human health impacts that invasive species cause. (c) Functions.--In addition to the functions specified in the charter referred to in subsection (a), the advisory committee shall recommend to the Council plans and actions at local, tribal, State, regional, and ecosystem-based levels to achieve the goals of the National Management Plan required under section 5. (d) Continuing Operation of Existing Committee.--Any advisory committee appointed before the date of the enactment of this Act pursuant to the charter referred to in subsection (a) may continue in effect under this section. SEC. 7. BUDGET CROSSCUT. The Director of the Office of Management and Budget shall prepare and submit to the Congress and the Council, by not later than March 31 of 2003 and of each year thereafter, a budget analysis and summary of all Federal programs relating to invasive species SEC. 8. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the National Invasive Species Council established by section 3(a). (2) Invasive species.--The term ``invasive species'' means a species-- (A) that is nonnative to the ecosystem under consideration; and (B) the introduction of which causes or may cause harm to the economy, the environment, or human health. (3) National management plan.--The term ``National Management Plan'' means the National Invasive Species Management Plan developed by the Council under section 5(a). (4) Species.--The term ``species'' means a category of taxonomic classification ranking below a genus or subgenus and consisting of related organisms capable of interbreeding. SEC. 9. EXISTING EXECUTIVE ORDER. Executive Order 13112, dated February 3, 1999, shall have no force or effect. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2004 through 2006.", "summary": "National Invasive Species Council Act - Declares that no Federal agency may authorize, fund, or carry out any action that would likely cause or promote the introduction or spread of an invasive species in the United States or any other location, unless the agency head determines that: (1) the benefits outweigh the potential harm to the environment, economy, or human health; and (2) all feasible and prudent measures to minimize the risk or harm will be taken. Requires the Council for Environmental Quality, in conjunction with the National Invasive Species Council, to develop guidelines for such measures.Establishes within the executive branch the National Invasive Species Council to ensure that Federal agency efforts concerning invasive species are coordinated, effective, complementary, and cost-efficient.Requires the Council to develop a National Invasive Species Management Plan that details and recommends performance-oriented goals.Requires the Council to create the Invasive Species Advisory Committee to provide information and advice for consideration by the Council.Requires the Director of the Office of Management and Budget to prepare and submit to Congress and the Council a yearly budget analysis and summary of all Federal programs relating to invasive species."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Accounting for Intangibles Reexamination (FAIR) Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that, prior to changing existing rules of accounting for business combinations and intangible assets, the Securities and Exchange Commission and the Financial Accounting Standards Board should undertake a comprehensive reexamination of the appropriate methods of accounting for purchased and internally generated intangibles including goodwill, and should await the results of related studies of these issues. SEC. 3. MORATORIUM ON ELIMINATION OF POOLING OF INTERESTS METHOD OF ACCOUNTING. (a) Continued Validity of Method.--Notwithstanding any other provision of law, for purposes of any financial statement, report, or other document required under any of the securities laws, the availability and use of the pooling of interests method of accounting for any business combination shall be determined in accordance with generally accepted accounting principles as in effect on October 1, 2000 . (b) Duration of Moratorium.--This section shall take effect upon the date of the enactment of this Act and shall remain in effect until 90 days after the date of the submission of the report required by section 4(e). SEC. 4. FURTHER STUDY. (a) Establishment.--There is established a commission to be known as the Commission on Financial Accounting for Intangibles (referred to in this section as the ``Commission''). (b) Duties.--The Commission shall-- (1) consider the general usefulness of financial statements prepared under generally accepted accounting principles in light of recent trends in the securities markets; (2) consider the impact that shortcomings in generally accepted accounting principles have on securities market volatility, capital allocation, and the investment of retirement fund assets, both individual and institutional; (3) consider methods to better identify, value, and account for purchased and internally generated intangible assets; (4) examine the general questions surrounding the role of intangible assets in financial reporting in the economy; and (5) consider the economic impact that would result if the pooling of interests method of accounting for business combinations were eliminated. (c) Membership.-- (1) Number and appointment.-- (A) The Commission shall be composed of 10 individuals, of which-- (i) 3 shall be appointed by the majority leader of the Senate; (ii) 2 shall be appointed by the minority leader of the Senate; (iii) 3 shall be appointed by the Speaker of the House of Representatives; and (iv) 2 shall be appointed by the minority leader of the House of Representatives. (B) From the 10 commissioners appointed, a chairman shall be selected jointly by the majority leader of the Senate and the Speaker of the House of Representatives. (2) Qualifications for membership.-- (A) Of the members appointed under paragraph (1)(A), 4 shall come from the accounting profession. (B) The remainder of such members shall be experts capable of carrying out the duties described in this section. (3) Deadline for appointment.--All members of the Commission shall be appointed by no later than December 31, 2000. (4) Terms of appointment.--The term of an appointment to the Commission shall be for the life of the Commission. (5) Vacancy.-- (A) A vacancy on the Commission shall be filled, not more than 30 days after notice of the vacancy is given to the Commission, in the same manner in which the original members were selected. (B) A vacancy shall not affect the power of the remaining members to execute the duties of the Commission. (d) Procedure.-- (1) Meetings.--The Commission shall meet at the call of its chairman or a majority of its members. (2) Quorum.--A quorum shall consist of 7 members of the Commission. (e) Report.--Not later than 9 months after the date of the enactment of this Act, the Commission shall submit a report to the President and Congress which shall contain a detailed statement of the Commission's recommendations, findings, and conclusions, and may contain minority or individual member's views. (f) Termination.--The Commission shall terminate not more than 30 days after the date of submission of the report required in subsection (e). SEC. 5. DEFINITIONS. For purposes of this Act: (1) Pooling of interests.--The term ``pooling of interests'' refers to the method of accounting for business combinations described in the Federal Accounting Standards Board's APB Opinion Number 16, Business Combinations, as in effect on October 1, 2000. (2) Securities laws.--The term ``securities laws'' has the meaning given such term in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)).", "summary": "States that the availability and use of the pooling of interests method of accounting for any business combination shall be determined in accordance with generally accepted accounting principles in effect on October 1, 2000. Establishes the Commission on Financial Accounting for Intangibles to consider specified aspects of: (1) generally accepted accounting principles; (2) intangible assets; and (3) the pooling of interests method of accounting for business combinations. Instructs the Commission to report its recommendations and conclusions to the President and Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Backlog Reduction Act of 2011''. SEC. 2. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS. Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) and inserting the following: ``(i) In general.--If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States, or who has not been admitted or paroled into the United States and has not been physically present in the United States continuously for the 4-year period immediately prior to the date of the determination of inadmissibility under this paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7), the officer shall order the alien removed from the United States without further hearing or review, unless-- ``(I) the alien has been charged with a crime; ``(II) the Secretary determines that the alien presents a significant risk to national security; or ``(III) the alien indicates an intention to apply for asylum under section 208 or a credible fear of persecution and the officer determines that the alien has been physically present in the United States for less than 1 year. ``(ii) Claims for asylum.--If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States, or who has not been admitted or paroled into the United States and has not been physically present in the United States continuously for the 4-year period immediately prior to the date of the determination of inadmissibility under this paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7), and the alien indicates either an intention to apply for asylum under section 208 or a credible fear of persecution, the officer shall refer the alien for an interview by an asylum officer under subparagraph (B) if the officer determines that the alien has been physically present in the United States for less than 1 year.''. SEC. 3. EXPEDITED REMOVAL OF CRIMINAL ALIENS. (a) In General.--Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is amended-- (1) by amending the section heading to read as follows: ``expedited removal of criminal aliens''; (2) in subsection (a), by amending the subsection heading to read as follows: ``Expedited Removal From Correctional Facilities''; (3) in subsection (b), by amending the subsection heading to read as follows: ``Removal of Criminal Aliens''; (4) in subsection (b), by striking paragraphs (1) and (2) and inserting the following: ``(1) The Secretary of Homeland Security may, in the case of an alien described in paragraph (2), determine the deportability of such alien and issue an order of removal pursuant to the procedures set forth in this subsection or section 240. ``(2) An alien is described in this paragraph if the alien, whether or not admitted into the United States-- ``(A) was convicted of any criminal offense described in subparagraph (A)(iii), (C), or (D) of section 237(a)(2); and ``(B) at the time of the commission of the offense of which that alien was convicted, that alien was-- ``(i) not lawfully admitted for permanent residence; or ``(ii) had permanent resident status on a conditional basis (as described in section 216).''; (5) in the first subsection (c) (relating to presumption of deportability), by striking ``convicted of an aggravated felony'' and inserting ``described in paragraph (b)(2)''; and (6) by redesignating the second subsection (c) (relating to judicial removal) as subsection (d). (b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8 U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether temporarily or otherwise,'' after ``enjoin''.", "summary": "Immigration Backlog Reduction Act of 2011 - Amends the Immigration and Nationality Act to set forth provisions regarding the expedited removal of: (1) inadmissible arriving aliens, and (2) criminal aliens."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage E-Verify Act of 2010''. SEC. 2. VERIFICATION UNDER E-VERIFICATION PROGRAM. (a) Fannie Mae.--Subsection (b) of section 302 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: ``(7)(A) Notwithstanding any other provision of law, the corporation may not-- ``(i) refinance, restructure, or modify, or otherwise authorize or enter into any agreement for the refinancing, restructuring, or modification of any single-family housing mortgage that is held by or that backs any security issued by the corporation, or ``(ii) purchase, or issue any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property, unless the identity and work eligibility of the mortgagor under such mortgage has been confirmed by an inquiry under subparagraph (B). ``(B) An inquiry under this subparagraph is an inquiry made through the basic pilot program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as the E-Verify program). Notwithstanding any other provision of law, lenders for single-family housing mortgages and the corporation may submit such inquiries regarding the identities and work eligibility of mortgagors under such mortgages, and may be provided confirmations and nonconfirmations pursuant to such inquiries, under such basic pilot program. ``(C) For purposes of this paragraph, the term `single-family housing mortgage' means a mortgage that is secured by a 1- to 4-family residence.''. (b) Freddie Mac.--Subsection (a) of section 305 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the following new paragraph: ``(6)(A) Notwithstanding any other provision of law, the Corporation may not-- ``(i) refinance, restructure, or modify, or otherwise authorize or enter into any agreement for the refinancing, restructuring, or modification of any single-family housing mortgage that is held by or that backs any security issued by the Corporation, or ``(ii) purchase, or issue any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property, unless the identity and work eligibility of the mortgagor under such mortgage has been confirmed by an inquiry under subparagraph (B) ``(B) An inquiry under this subparagraph is an inquiry made through the basic pilot program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as the E-Verify program). Notwithstanding any other provision of law, lenders for single-family housing mortgages and the Corporation may submit such inquiries regarding the identities and work eligibility of mortgagors under such mortgages, and may be provided confirmations and nonconfirmations pursuant to such inquiries, under such basic pilot program. ``(C) For purposes of this paragraph, the term `single-family housing mortgage' means a mortgage that is secured by a 1- to 4-family residence.''. (c) FHA.--Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is amended by adding at the end the following new section: ``SEC. 543. E-VERIFICATION REQUIREMENT FOR MODIFICATION OF MORTGAGES. ``(a) Prohibition.--Notwithstanding any other provision of law, the Secretary may not-- ``(1) authorize or enter into any agreement for the refinancing, restructuring, or modification of any single- family housing mortgage that is insured by the Secretary under this Act, or ``(2) insure any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property, unless the identity and work eligibility of the mortgagor under such mortgage has been confirmed by an inquiry under subsection (b). ``(b) E-Verify Inquiries.--An inquiry under this subsection is an inquiry made through the basic pilot program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as the E-Verify program). Notwithstanding any other provision of law, lenders for single-family housing mortgages and the Secretary may submit such inquiries regarding the identities and work eligibility of mortgagors under such mortgages, and may be provided confirmations and nonconfirmations pursuant to such inquiries, under such basic pilot program. ``(c) Single-Family Housing Mortgage.--For purposes of this paragraph, the term `single-family housing mortgage' means a mortgage that is secured by a 1- to 4-family residence.''.", "summary": "Mortgage E-Verify Act of 2010 - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to require the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Act (Freddie Mac) to confirm the identity and work eligibility of the mortgagor as a prerequisite to: (1) any refinancing, restructuring, or modification agreement governing a single-family housing mortgage that is held by, or that backs any security issued by, either Fannie Mae or Freddie Mac; or (2) any purchase of, or issuance of any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property. Identifies the required inquiry as one made through the basic pilot E-Verify program under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Amends the National Housing Act to require the Secretary of Housing and Urban Development (HUD) to use the E-Verify program to confirm the identity and work eligibility of the mortgagor as a prerequisite to single-family housing mortgage insurance issued under the Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Life-Saving Service Heritage Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The United States has a long tradition of heroic efforts to rescue those in peril on the sea. (2) Legislation providing appropriations to the Secretary of the Treasury for ``surf boats, rockets, carronades, and other necessary apparatus for the better preservation of life and property from shipwrecks on the coast of New Jersey, between Sandy Hook and Little Egg Harbor'' was approved August 14, 1848 (9 Stat. 322), and was subsequently extended to support volunteer lifesaving efforts on the coast of New Jersey between Little Egg Harbor and Cape May, and in other States and territories. (3) Legislation providing appropriations to the Secretary of the Treasury ``for the purpose of more effectively securing life and property on the coast of New Jersey and Long Island... and to employ crews of experienced surfmen at such stations'' was approved April 20, 1871 (17 Stat. 12). (4) The Life-Saving Service was reorganized by the Congress by enactment of the Act entitled ``An Act to organize the Life- Saving-Service'', approved June 18, 1878 (chapter 265; 20 Stat. 163). (5) America's lifesaving stations and boats were staffed by brave volunteer and professional lifesavers, who risked life and limb to rescue shipwrecked passengers and crews. (6) Many surviving Life-Saving Service stations are of rare architectural significance, yet these historic stations are threatened by harsh coastal environments, rapid economic development in the coastal zone, neglect, and lack of resources for their preservation. (7) The heroic actions of Life-Saving Service personnel deserve greater recognition, and their contributions to America's maritime and architectural history should be celebrated through a comprehensive preservation program and greater opportunities for the public's education about the heritage of the Life-Saving Service and related private and public organizations. (b) Purpose.--The purpose of this Act is to authorize the Secretary of the Interior to establish a program to inventory, evaluate, document, and assist in efforts to restore and preserve surviving lifesaving stations and other structures and artifacts dedicated to our forefathers' lifesaving efforts. SEC. 3. UNITED STATES LIFE-SAVING SERVICE STATION PRESERVATION PROGRAM. (a) In General.--The Secretary of the Interior, through the National Maritime Initiative of the National Park Service, shall establish a program in accordance with this section to inventory, evaluate, document, and assist efforts to restore and preserve surviving United States Life-Saving Service stations. (b) Inventory, Documentation, and Evaluation.--The Secretary, in cooperation with the U.S. Life-Saving Service Heritage Association, shall-- (1) survey coastal regions of the United States to identify and prepare an inventory of surviving historic lifesaving stations, boats, and other significant lifesaving equipment; (2) document the designs of significant existing structures and lifesaving boats for inclusion in the Historic American Building Survey/Historic American Engineering Record Collection in the Library of Congress; and (3) evaluate historic lifesaving stations, including-- (A) assessing the historic significance, integrity, and condition of surviving historic lifesaving stations; (B) making recommendations for outstanding examples of historic lifesaving stations that should be listed on the National Register of Historic Places, or designated as National Historic Landmarks; and (C) making recommendations for outstanding examples of lifesaving boats to be included in the Historic American Engineering Record Collection. (c) Technical Assistance, Educational Materials, Research Aids, and Other Information.--The Secretary shall-- (1) serve as a clearinghouse of information for persons interested in restoring and preserving historic lifesaving stations, their boats, and related lifesaving equipment; and (2) make available to the public, including through the Internet, educational materials, research aids, guides, bibliographies, and other information regarding the Life-Saving Service, Revenue Cutter Service, and related organizations that provided humanitarian assistance to shipwrecked mariners and their passengers, including-- (A) information on the history and development of the Life-Saving Service, the Revenue Cutter Service, predecessor private and State lifesaving organizations such as the Humane Society of the Commonwealth of Massachusetts, and early Coast Guard lifesaving and lifeboat stations; (B) technical descriptions of lifesaving boats, line-guns, life cars, and beachcarts; (C) the inventory, documentation, and evaluation prepared under subsection (b); (D) guidance and technical assistance in the listing of historic lifesaving and lifeboat stations on the National Register of Historic Places, or their designation as National Historic Landmarks; and (E) guidance and technical assistance in the listing of historic lifesaving boats in the Historic American Engineering Record Collection. (d) Grants.-- (1) In general.--The Secretary, subject to the availability of appropriations, shall make grants to coordinate and assist in the restoration and preservation of historic lifesaving stations, historic lifesaving boats, and other significant lifesaving artifacts. (2) Cost share.--The Federal share of the cost of an activity carried out with financial assistance under this subsection shall not exceed 75 percent of the total cost of the activity. (e) Definitions.--In this section: (1) Historic lifesaving station.--The term ``historic lifesaving station'' means any land, structure, equipment, or other physical artifact or facility formerly under the jurisdiction or control of the Life-Saving Service or any earlier private or State organizations, including lifesaving and lifeboat stations, sailors' refuges, shipwreck survivors' cache sites, boats, and beachcarts. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the National Maritime Initiative of the National Park Service. (3) U.S. life-saving service heritage association.--The term ``U.S. Life-Saving Service Heritage Association'' means the national nonprofit educational organization by that name established under the laws of the Commonwealth of Massachusetts for the purposes and objectives of meeting and preserving America's lifesaving heritage. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary-- (1) for use in making grants under subsection (d), $5,000,000 for each of fiscal years 2000 through 2004; and (2) for carrying out the other provisions of this section $500,000 for each of fiscal years 2000 through 2004.", "summary": "Requires the Secretary to: (1) serve as a clearinghouse of information for persons interested in restoring and preserving historic lifesaving stations, boats, and related equipment; and (2) make information regarding the Service, the Revenue Cutter Service, and related organizations that provided humanitarian assistance to shipwrecked mariners and passengers available to the public. Provides for grants, subject to the availability of appropriations, for coordination and assistance in restoration and preservation of historic lifesaving stations, boats, and other artifacts. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Swine Waste Infrastructure and Natural Environment Act'' or the ``SWINE Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Animal agricultural production represents an important part of our Nation's economy and a critical source of income for hundreds of thousands of American families. (2) Animal agricultural production facilities, including combined animal feeding operations (CAFOs), produce millions of tons of animal waste annually, the management and disposal of which represents an integral part of the animal agricultural production process. (3) Traditional methods of animal waste disposal, especially those associated with ``lagoon and spray-field'' systems, have been shown by federally funded research to result in negative environmental and social externalities, including contamination of soil, groundwater, and surface water with nitrogen, contamination of air with ammonia, and other threats to animal and human health. (4) During severe weather events, the risk of negative externalities can become particularly acute, as ``lagoons'' have the potential to overflow or breach their walls and flood surrounding communities and waterways with unprocessed animal waste. (5) In the Southeastern United States, combined animal feeding operations dedicated to the production of swine are disproportionately located in low-income communities. (6) In recent decades, collaborative research and development efforts by industry, academia, and the public sector have produced numerous superior waste management and disposal technologies that have been shown to significantly reduce the negative environmental and social externalities associated with ``lagoon and spray-field'' systems and, in some cases, produce value-added byproducts that can generate new revenue for producers. (7) The widespread adoption of superior waste management and disposal technologies has been inhibited by various social and economic factors, including the cost to producers of installing and operating such systems. (b) Sense of Congress.--It is the sense of Congress that-- (1) the conversion of existing ``lagoon and spray-field'' systems into superior waste management and disposal systems would produce significant benefits to the environment and public health, including more sustainable agricultural operations, improved animal health, and improved resilience against severe weather events, and should thus be a goal of national policy; and (2) the approval of new animal agricultural production facilities by Federal or State authorities should be made contingent on the adoption of superior waste management and disposal systems, as has already occurred in some States. SEC. 3. ENVIRONMENTALLY SUSTAINABLE SWINE WASTE DISPOSAL TECHNOLOGIES. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Secretary of Agriculture shall establish a program for certifying environmentally sustainable swine waste disposal technologies in accordance with this section. (b) Standards.-- (1) Requirements.--In establishing the program under this section, the Secretary shall establish standards requiring that a swine waste disposal technology, in order to be certified under this section-- (A) eliminate animal discharge into surface waters and groundwater through direct discharge, seepage, or runoff; (B) substantially eliminate atmospheric emissions of ammonia from swine waste; (C) substantially eliminate the emission of odor from swine waste that is detectable beyond the boundaries of the parcel or tract of land on which the swine farm is located; (D) substantially eliminate the release of disease- transmitting vectors and airborne pathogens from swine waste; (E) substantially eliminate nutrient and heavy metal contamination of soil and groundwater from swine waste; and (F) be cost-effective. (2) Cost-effectiveness.--In determining whether a technology is cost-effective under this section, the Secretary-- (A) shall consider the full range of subsidies available under this Act and other Federal programs, and available State and private-sector support; (B) in considering the costs of a technology, may include costs associated with adoption of the technology and the estimated operation and maintenance costs of the technology through the life of technology; and (C) may not require parity with the cost of existing swine waste disposal technologies and systems. (3) Consultation.--In establishing standards under this paragraph, the Secretary shall consult with the Administrator of the Environmental Protection Agency, the relevant task force established under section 1672A of the Food, Agriculture, Conservation, and Trade Act of 1990, and States that have a history of widespread use of lagoon and spray technology on swine farms. (c) Certification.-- (1) In general.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the relevant task force established under section 1672A of the Food, Agriculture, Conservation, and Trade Act of 1990, shall certify a swine waste disposal technology as being environmentally sustainable if it meets the standards established under subsection (b). (2) Eligible technologies.--Swine waste disposal technologies that are eligible for certification under this subsection include stand-alone waste disposal technology platforms and multi-part systems, which may incorporate in- ground technology, that meet or exceed, in combination, the standards established under this section, as determined by the Secretary. SEC. 4. STATE PERMITTING AND CERTIFICATION REQUIREMENTS. Beginning on the effective date of the standards established under section 2, no State may issue a permit pursuant to any Federal law to a swine farm that is a concentrated animal feeding operation (as defined in section 122.23 of title 40, Code of Federal Regulations) unless the swine farm disposes of swine waste only through use of swine waste disposal technology certified under section 3(c). SEC. 5. SWINE WASTE MANAGEMENT RESEARCH AND EXTENSION INITIATIVE. (a) In General.--Title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5801 et seq.) is amended by inserting after section 1672 (7 U.S.C. 5925) the following new section: ``SEC. 1672A. SWINE WASTE MANAGEMENT RESEARCH AND EXTENSION INITIATIVE. ``(a) Competitive Research and Extension Grants Authorized.--The Secretary shall make competitive grants to support research and extension activities specified in subsection (c). The Secretary shall make the grants in consultation with the National Agricultural Research, Extension, Education, and Economics Advisory Board and the task force appointed under subsection (b)(2)(A). ``(b) Administration.-- ``(1) In general.--Paragraphs (4) and (7) of subsection (b) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i) shall apply with respect to the making of grants under this section. ``(2) Use of task forces.-- ``(A) In general.--To facilitate the making of research and extension grants under this section for the purpose specified in subsection (c), the Secretary shall appoint a task force to make recommendations to the Secretary. ``(B) Composition.--A task force established under subparagraph (A) shall be composed of representatives of each of the following entities: ``(i) Colleges and universities. ``(ii) The Department of Agriculture. ``(iii) The Environmental Protection Agency. ``(iv) The swine production industry. ``(v) A nonprofit organization focused on the environmental effects of swine farm operations. ``(vi) A nonprofit organization focused on the social effects of swine farm operations. ``(c) Environmentally Superior Swine Waste Management Technologies Research and Extension.--Research and extension grants may be made under this section, with respect to swine waste management technologies certified under section 3(c) of the SWINE Act, for the purpose of identifying, evaluating, and demonstrating environmentally superior waste management technologies for the processing of swine waste. ``(d) Priority.--Following the completion of a peer review process for grant proposals received under this section, the Secretary shall give priority to those grant proposals that involve one or more of the following: ``(1) The cooperation of multiple entities. ``(2) States or regions with a high concentration of spray field and lagoon operations. ``(3) A reduction in water usage. ``(4) The reduction of ammonia and odor emissions, disease- transmitting vectors, airborne pathogens, and nutrient and heavy metal contamination that exceed the standards established for swine waste management technologies certified under section 3(c) of the SWINE Act with respect to such reduction. ``(5) Significant improvement of the health of swine. ``(6) The generation of electricity. ``(7) Significant increases in nutrient recovery and fertilizer production. ``(8) Alternative uses of swine waste and the generation of renewable energy using such waste, including innovative methods and technologies to allow agricultural operators to make use of swine waste, such as use as fertilizer, methane digestion, composting, and other useful byproducts. ``(9) Maximizing nutrition management for swine while limiting the risks associated with swine feeding practices (such as mineral bypass). ``(10) Improvements to water quality and aquatic ecosystems, including with respect to mitigating the impact of microorganisms of the genus Pfiesteria and other microorganisms that are a threat to human or animal health on aquatic food webs, especially commercially important aquatic species and their habitats. ``(11) The advancement of efforts of the Department of Agriculture to reduce and eliminate antibiotics in livestock. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2018 through 2028.''. (b) Confirming Availability of Pork Promotion Funding.--Section 1620(c)(3)(B)(i) of the Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C. 4809(c)(3)(B)(i)) is amended by inserting before the semicolon the following: ``, including grants awarded under section 1672A of the Food, Agriculture, Conservation, and Trade Act of 1990''. SEC. 6. ELIGIBILITY OF ENVIRONMENTALLY SUSTAINABLE SWINE WASTE DISPOSAL TECHNOLOGIES UNDER EQIP. For purposes of section 1240A(4) of the Food Security Act of 1985 (16 U.S.C. 3839aa-1(4)), the installation and maintenance on a swine farm of a swine waste disposal technology certified under section 3(c) of this Act shall be considered an improvement to eligible land of a producer that is consistent with the purposes of the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa-1 et seq.). SEC. 7. SWINE WASTE DISPOSAL CREDITS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sections: ``SECTION 45S. SWINE WASTE DISPOSAL TECHNOLOGY INSTALLATION CREDIT. ``(a) Allowance of Credit.--For purposes of section 38, the swine waste disposal technology installation credit determined under this section with respect to a taxpayer for any taxable year is an amount equal to the sum of-- ``(1) 4 percent of the qualified installation costs paid or incurred by the taxpayer during the taxable year, and ``(2) 4 percent of such costs paid or incurred by the taxpayer during any of the prior four taxable years. ``(b) Qualified Installation Cost.--For purposes of this section, the term `qualified installation cost' means, with respect to a taxpayer, amounts which are paid or incurred in the ordinary course of the taxpayer's trade or business to install certified swine waste disposal technology. ``(c) Certified Swine Waste Disposal Technology.--The term `certified swine waste disposal technology' means environmentally sustainable technology certified under section 3(c) of the Swine Waste Infrastructure and Natural Environment Act. ``SEC. 45T. SWINE WASTE DISPOSAL CREDIT. ``(a) In General.--For purposes of section 38, the swine waste disposal credit determined under this section with respect to taxpayer for any taxable year is an amount equal to $100 for each 1,000 pounds of steady state live weight of swine waste disposed of in the ordinary course of the taxpayer's trade or business using certified swine waste disposal technology (as such term is defined in section 45S) by the taxpayer during the taxable year. ``(b) Maximum Credit.-- ``(1) In general.--The aggregate credit determined under subsection (a) for any taxable year with respect to any taxpayer shall not exceed the qualified costs of the taxpayer for such taxable year. ``(2) Qualified costs defined.--For purposes of this section, the term `qualified costs' means costs paid or incurred by a taxpayer to maintain or operate certified swine waste disposal technology.''. (b) Treatment as General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting a comma, and by adding at the end the following new paragraphs: ``(37) the swine waste disposal technology installation credit determined under section 45S(a), plus ``(38) the swine waste disposal credit determined under section 45T(a).''. (c) Deduction for Unused Credit.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting a comma, and by adding at the end the following new paragraphs: ``(15) the swine waste disposal technology installation credit determined under section 45S(a), and ``(16) the swine waste disposal credit determined under section 45T(a).''. (d) Deduction Against AMT.--Subparagraph (B) of section 38(c)(4) of such Code is amended by striking ``and'' at the end of clause (viii), by striking the period at the end of clause (ix) and inserting a comma, and by adding at the end the following new clauses: ``(x) the credit determined under section 45S, and ``(xi) the credit determined under section 45T.''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the such Code is amended by adding at the end the following new items: ``Sec. 45S. Swine waste disposal technology installation credit. ``Sec. 45T. Swine waste disposal credit.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred and swine waste disposed of after December 31, 2017. SEC. 8. SWINE FARM DEFINED. In this Act, the term ``swine farm'' means a tract of land devoted to raising 250 or more animals of the porcine species.", "summary": "Swine Waste Infrastructure and Natural Environment Act or the SWINE Act This bill establishes a program to certify environmentally sustainable swine waste disposal technologies and authorizes related tax credits and grants. The Department of Agriculture (USDA) must certify technologies that: eliminate animal discharge into surface waters and groundwater through direct discharge, seepage, or runoff; substantially eliminate atmospheric emissions of ammonia from swine waste; substantially eliminate the emission of odor from swine waste that is detectable beyond the boundaries of the parcel or tract of land on which the swine farm is located; substantially eliminate the release of disease-transmitting vectors and airborne pathogens from swine waste; substantially eliminate nutrient and heavy metal contamination of soil and groundwater from swine waste; and are cost-effective. States may not issue permits, pursuant to any federal law, to a swine farm that is a concentrated animal feeding operation unless the farm disposes of swine waste using a certified technology. The bill amends several agricultural laws to: require USDA to make competitive grants for activities to identify, evaluate, and demonstrate environmentally superior swine waste management technologies; permit the Pork Promotion Board to use its funding for activities related to the grants; and make the installation and maintenance of a certified technology on a swine farm eligible for the Environmental Quality Incentives Program. The bill amends the Internal Revenue Code to allow tax credits for: (1) the installation of a certified swine waste disposal technology, and (2) the disposal of swine waste using certified technology."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cure for AIDS Act of 2012''. SEC. 2. SENSE OF CONGRESS; FINDINGS. (a) Sense of Congress.--It is the sense of Congress that-- (1) finding a cure is essential to ending the AIDS epidemic in the United States and globally; (2) AIDS treatment has saved millions of lives and also makes it much less likely that HIV infection will be passed to a partner; (3) access to AIDS treatment in the United States and globally needs to continue to be expanded but AIDS treatment is not a cure and not the ultimate solution for the tens of millions of people living with HIV/AIDS; (4) the National Institutes of Health is the leading health research organization in the world and has dedicated millions of dollars to AIDS cure research; (5) to accelerate AIDS cure research and product development, it is becoming increasingly important to invest in areas that can complement the essential role of the National Institutes of Health; and (6) a cure will save hundreds of millions of dollars in spending and have a powerful positive economic impact globally. (b) Findings.--Congress finds the following: (1) It is estimated that in 2010 roughly 34,000,000 people were living with HIV/AIDS worldwide. (2) In the United States, 1,200,000 Americans are estimated to be infected with the virus. (3) Every 9.5 minutes, a citizen of the United States becomes infected with HIV. Roughly 2,700,000 individuals, including 390,000 children, became newly infected with HIV in 2010 alone. (4) In fiscal year 2012, the Federal Government spent $27,700,000,000 on HIV/AIDS, the largest component being services and treatment for people living with HIV/AIDS in the United States at a cost of $15,600,000,000. The average lifetime cost of HIV treatment is estimated to be $367,134 per person. (5) In the last two years, discoveries have led to growing optimism in the scientific community that a cure for AIDS can be found. The eradication of HIV from the body of one individual in Germany has led many scientific leaders to believe that curing AIDS is now possible. Leading researchers believe we are now at the cutting edge of scientific discovery for an AIDS cure with a range of novel approaches being explored, including stem cells, gene therapy, medications, and immune response modifications, such as therapeutic vaccines. SEC. 3. ESTABLISHMENT OF HIV/AIDS CONGRESSIONALLY DIRECTED MEDICAL RESEARCH PROGRAM. (a) Establishment of Research Program.-- (1) In general.--The Secretary of Defense, acting through the Congressionally Directed Medical Research Program, shall establish and support an accelerated research program dedicated to the discovery of a cure for HIV/AIDS. (2) Administration.--The Secretary shall carry out the research program established under paragraph (1) in collaboration with-- (A) the Director of the National Institutes of Health; (B) the Director of the National Institute of Allergy and Infectious Diseases; and (C) any head of a Federal agency that the Secretary determines appropriate. (b) Scope.--To provide the basis for developing a cure for HIV/ AIDS, the Secretary shall ensure that research conducted under subsection (a)(1) is highly targeted to address the following scientific questions and priorities: (1) How HIV persists despite antiretroviral therapy. (2) Where HIV persists beyond the reach of antiretroviral therapy. (3) Whether ongoing attempts of the immune system to clear the infection actually hinders the ability of the medical community to cure infected individuals. (4) Why the immune system reduces but does not eliminate levels of the virus. (5) How to measure ultra-low levels of the virus in the body of an infected individual. (6) Identifying and testing interventions, such as drugs, that may eliminate the virus from infected individuals. (7) Identifying and testing interventions, such as vaccines, that may help an infected individual permanently control the virus without antiretroviral therapy. (c) Assistance by Nonprofit Entities.-- (1) Coordination.--In carrying out the research program established under subsection (a)(1), the Secretary shall coordinate with at least one eligible nonprofit entity-- (A) whose primary mission is ending the AIDS epidemic through innovative research; and (B) that has experience carrying out programs dedicated to AIDS cure research. (2) Responsibilities.--The Secretary shall ensure that the responsibilities of a nonprofit entity selected under paragraph (1) include partnering with the Secretary to establish research priorities for peer-reviewed funded research pursuant to subsection (b). (d) Annual Reports.--In each annual report on the Congressionally Directed Medical Research Program that the Secretary submits to Congress, the Secretary shall include information on the progress of the research program established under subsection (a)(1). (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2013 through 2017.", "summary": "Cure for AIDS Act of 2012 - Directs the Secretary of Defense (DOD), through the Congressionally Directed Medical Research Program, to establish and support an accelerated research program dedicated to discovering a cure for HIV/AIDS. Instructs the Secretary to collaborate with the Director of the National Institutes of Health (NIH), the Director of the National Institute of Allergy and Infectious Diseases, and other appropriate federal agencies. Requires the Secretary to: (1) ensure that such research is highly targeted, (2) coordinate with at least one eligible nonprofit entity, and (3) ensure that the responsibilities of the non-profit entity include partnering with the Secretary in establishing research priorities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Acid Deposition and Ozone Control Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1)(A) reducing atmospheric nitrogen oxide will reduce acidic deposition, and the serious adverse effects of acidic deposition on public health, natural resources, building structures, and ecosystems; and (B) acidic deposition has been demonstrated to result in increased morbidity in fish and severe damage to water bodies and forest lands; (2)(A) reducing atmospheric nitrogen oxide will provide further benefits by decreasing ambient levels of tropospheric ozone, fine particulate matter, and regional haze associated with poor visibility; and (B) such conditions have been demonstrated to result in severe threats to public health, including lung irritation, increased incidence of asthma and bronchitis, and increased human morbidity; (3)(A) nitrogen deposition into affected watersheds can result in excessive nutrient enrichment leading to algal blooms and increased biological oxygen demand; and (B) such conditions can lead to increased morbidity in marine life and severe degradation of economic and recreational opportunities; (4) additional reductions in sulfur dioxide beyond levels currently required by the Clean Air Act (42 U.S.C. 7401 et seq.) will result in decreases in acidic deposition, regional haze, and ambient levels of fine particulates; (5) the allowance trading program established in the Clean Air Act for the reduction of emissions of sulfur dioxide has been highly effective at creating cost-effective control measures; (6) the technology exists to inexpensively reduce sulfur dioxide emissions beyond the levels currently required by the Clean Air Act; (7) the ozone transport region established by the Clean Air Act to reduce long-range transport of ozone does not currently include all the States necessary to achieve the intended reduction; and (8) this Act shall support the Environmental Protection Agency's stated objective of controlling ground level ozone through regional controls, as developed by the Ozone Transport Assessment Group and referred to in the January 10, 1997, advanced notice of proposed rulemaking for State implementation plans under section 110(k)(5) of the Clean Air Act (42 U.S.C. 7410(k)(5)). (b) Purposes.--The purposes of this Act are-- (1) to recognize the scientific evidence that emissions of nitrogen oxide present a substantial threat to public health and the environment; (2) to require reductions in the emission of nitrogen oxide; (3) to recognize that the means exist to cost-effectively reduce emissions of sulfur dioxide beyond the levels currently required by the Clean Air Act; (4) to require reductions in the emission of sulfur dioxide; (5) to recognize that tropospheric ozone is a regional problem; (6) to recognize that the single ozone transport region created by the Clean Air Act does not currently include all the States necessary to adequately address the problem of ozone; and (7) to amend the Clean Air Act to expand the membership in the ozone transport region by using the best currently available science to include those States that contribute to ozone levels in noncompliance areas within the current single ozone transport region. SEC. 3. CONTROL OF INTERSTATE OZONE AIR POLLUTION. (a) Additional States.--Section 184(a) of the Clean Air Act (42 U.S.C. 7511c(a)) is amended after the first sentence by inserting the following: ``The Administrator, using the best available science and models developed by the Ozone Transport Assessment Group, shall add any State to the single ozone transport region that contributed 4 parts per billion or more to ozone via aerial transport to the ozone level of any noncompliant area in the single ozone transport region for any 1 of the second through tenth worst ozone days that occurred during the previous 10 years.''. (b) Control Measures.--Not later than 18 months after the date of enactment of this Act, any control measure adopted under section 184(a) of the Clean Air Act (42 U.S.C. 7511c(a)) before the date of enactment of this Act shall apply to any State added to the single ozone transport region under the second sentence of section 184(a) of the Clean Air Act (42 U.S.C. 7511c(a)) after the date of enactment of this Act. SEC. 4. ADDITIONAL NITROGEN OXIDE EMISSIONS REDUCTIONS. Section 184 of the Clean Air Act (42 U.S.C. 7511c) is amended by adding at the end the following: ``(e) Additional Emissions Reductions.-- ``(1) In general.--Not later than 18 months after the date of enactment of this subsection, the Administrator shall promulgate regulations requiring reductions in the emissions of nitrogen oxide and sulfur dioxide in any State added to the single ozone transport region under the second sentence of subsection (a) to \\1/3\\ of the 1990 levels by the year 2003. ``(2) Affected units.--The regulations shall apply to affected units, as defined under section 402. ``(3) Allowance program.--The Administrator may establish an allowance trading program to carry out this subsection. ``(4) Effect on other law.--This subsection shall not affect any law (including regulations) that requires a greater reduction in emissions of nitrogen oxide or sulfur dioxide than is required by this subsection.''.", "summary": "Acid Deposition and Ozone Control Act of 1997 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to add to the single ozone transport region (comprised of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan Statistical Area including the District of Columbia) any State that contributed at least four parts per billion to ozone via aerial transport to the ozone level of any noncompliant area in the region for any one of the second through tenth worst ozone days that occurred during the previous ten years. Applies to any State so added, not later than 18 months after enactment of this Act, any control measure adopted under the ozone transport regions provisions. Requires the Administrator to promulgate regulations requiring nitrogen oxide and sulfur dioxide emissions reductions in any State added under this Act to one-third of 1990 levels by the year 2003."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Readjustment Counseling Service Amendments of 1993''. SEC. 2. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 7305 of title 38, United States Code, is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph (7): ``(7) A Readjustment Counseling Service.''. (b) Organization.--The Readjustment Counseling Service shall have the organizational structure and administrative structure of that service as such structures were in existence on January 1, 1993. (c) Revision of Organizational Structure.--(1) The Secretary of Veterans Affairs may not alter or revise the organizational structure or the administrative structure of the Readjustment Counseling Service until-- (A) the Secretary has submitted to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing a full and complete statement of the proposed alteration or revision; and (B) a period of 60 days has elapsed after the date on which the report is received by the committees. (2) In the computation of the 60-day period under paragraph (1)(B), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 calendar days to a day certain. (d) Budget Information Relating to the Service.--Each budget submitted to the Congress by the President under section 1105 of title 31, United States Code, shall set forth the amount requested in the budget for the operation of the Readjustment Counseling Service in the fiscal year covered by the budget and shall set forth separately the amount requested for administrative oversight of the activities of the service (including the amount requested for funding of the Advisory Committee on Veteran Readjustment Counseling). SEC. 3. DIRECTOR OF THE READJUSTMENT COUNSELING SERVICE. (a) Director.--Section 7306(b) of title 38, United States Code, is amended-- (1) by striking out ``and'' at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following: ``(4) one shall be a person who (A)(i) is a qualified psychiatrist, (ii) is a qualified psychologist holding a diploma as a doctorate in clinical or counseling psychology from an authority approved by the American Psychological Association and has successfully undergone an internship approved by that association, (iii) is a qualified holder of a master in social work degree, or (iv) is a registered nurse holding a master of science in nursing degree in psychiatric nursing or any other mental-health related degree approved by the Secretary, and (B) has at least 3 years of clinical experience and 2 years of administrative experience in the Readjustment Counseling Service or other comparable mental health care counseling service (as determined by the Secretary), who shall be the director of the Readjustment Counseling Service.''. (b) Organizational Requirement.--The Director of the Readjustment Counseling Service shall report to the Under Secretary for Health through the Associate Deputy Under Secretary for Health for Clinical Programs. SEC. 4. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND CERTAIN RELATED COUNSELING SERVICES. (a) Readjustment Counseling.--(1) Subsection (a) of section 1712A of title 38, United States Code, is amended to read as follows: ``(a) Upon the request of any veteran, the Secretary shall, within the limits of Department facilities, furnish counseling to such veteran to assist such veteran in readjusting to civilian life. Such counseling shall include a general mental and psychological assessment to ascertain whether such veteran has mental or psychological problems associated with readjustment to civilian life.''. (2) Subsection (c) of such section is repealed. (b) Other Counseling.--Such section is further amended by inserting after subsection (b) the following new subsection (c): ``(c) The Secretary may provide the counseling services described in section 1701(6)(B)(ii) of this title to the surviving parents, spouse, and children of any member of the Armed Forces who dies while serving on active duty or from a condition (as determined by the Secretary) incurred in or aggravated by such service.''. (c) Authority To Contract for Counseling Services.--Subsection (e) of such section is amended by striking out ``subsections (a) and (b)'' each place it appears and inserting in lieu thereof ``subsections (a), (b), and (c)''. SEC. 5. CONFIDENTIALITY OF PATIENT RECORDS IN THE READJUSTMENT COUNSELING SERVICE. (a) In General.--Notwithstanding any other provision of law, the records of the identity, diagnosis, prognosis, or treatment of any patient or subject of the Readjustment Counseling Service of the Department of Veterans Affairs, or of any patient or subject provided readjustment counseling services under a contract with the Department, may be disclosed only as follows: (1) By written consent of the patient or subject, only for the purpose for which such consent is granted. (2) To medical personnel to the extent necessary to meet a bona fide medical emergency. (3) To personnel of the Department other than personnel of the service, if such disclosure is determined by an appropriate member of the service to be necessary to avert an imminent danger to the patient or subject, or to another person. (4) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor (with such cause to be determined according to the elements set forth in section 7332(b)(2)(D) of title 38, United States Code). (b) Fines.--Any person who violates a provision of subsection (a) shall be fined in accordance with subsections (f) and (g) of section 7332 of title 38, United States Code. SEC. 6. ADVISORY COMMITTEE ON THE READJUSTMENT OF VETERANS. (a) In General.--(1) Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1712B the following: ``Sec. 1712C. Advisory Committee on Veteran Readjustment Counseling ``(a)(1) There is in the Department the Advisory Committee on Veteran Readjustment Counseling (hereinafter in this section referred to as the `Committee'). ``(2) The Committee shall consist of 18 members-- ``(A) the members of the Committee shall be appointed by the Secretary and shall include individuals who are recognized authorities in fields pertinent to the social, psychological, economic, or educational readjustment of veterans. An officer or employee of the United States may not be appointed as a member of the Committee under this paragraph; ``(B) at least 12 of whom are veterans of the Vietnam era or other period of war; and ``(C) who have experience with the provision of veterans benefits and services by the Department. ``(3) The Secretary shall seek to ensure that members appointed to the Committee include persons from a wide variety of geographic areas and ethnic backgrounds, persons from veterans service organizations, minorities, and women. ``(4) The Secretary shall determine the terms of service and pay and allowances of the members of the Committee, except that a term of service may not exceed two years. The Secretary may reappoint any member for additional terms of service. ``(b)(1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the provision by the Department of benefits and services to veterans in order to assist veterans in the readjustment to civilian life. ``(2)(A) In providing advice to the Secretary under this subsection, the Committee shall-- ``(i) assemble and review information relating to the needs of veterans in readjusting to civilian life; ``(ii) provide information relating to the nature and character of psychological problems arising from military service; ``(iii) provide an on-going assessment of the effectiveness of the policies, organizational structures, and services of the Department in assisting veterans in readjusting to civilian life; and ``(iv) provide on-going advice on the most appropriate means of responding to the readjustment needs of future veterans. ``(B) In carrying out its duties under subparagraph (A), the Committee shall take into special account veterans of the Vietnam era, and the readjustment needs of such veterans. ``(c)(1) Not later than March 31 of each year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to the readjustment of veterans to civilian life. Each such report shall include-- ``(A) an assessment of the needs of veterans with respect to readjustment to civilian life; ``(B) a review of the programs and activities of the Department designed to meet such needs; and ``(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate. ``(2) Not later than 90 days after the receipt of each report under paragraph (1), the Secretary shall transmit to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of the report, together with any comments and recommendations concerning the report that the Secretary considers appropriate. ``(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate. ``(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to that section. ``(d)(1) Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Committee under this section. ``(2) Section 14 of such Act shall not apply to the Committee.''. (2) The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1712B the following: ``1712C. Advisory Committee on Veteran Readjustment Counseling.''. (b) Original Members.--(1) Notwithstanding subsection (a)(2) of section 1712C(a)(2) of such title (as added by subsection (a)), the members of the Advisory Committee on the Readjustment of Vietnam and Other War Veterans on the date of the enactment of this Act shall be the original members of the advisory committee recognized under such section. (2) The original members shall so serve until the Secretary of Veterans Affairs carries out appointments under such subsection (a)(2). The Secretary shall carry out such appointments as soon after such date as is practicable. The Secretary may make such appointments from among such original members. SEC. 7. PLAN FOR EXPANSION OF VIETNAM VETERAN RESOURCE CENTER PILOT PROGRAM. (a) Requirement.--(1) The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a plan for the expansion of the Vietnam Veteran Resource Center program established pursuant to the amendment made by section 105 of the Veterans' Administration Health-Care Amendments of 1985 (Public Law 99-166; 99 Stat. 944). The plan shall include a schedule for the implementation of the program at or through all Department of Veterans Affairs readjustment counseling centers. (2) The Secretary shall submit the plan not later than 4 months after the date of the enactment of this Act. (b) Definition.--In this section, the term ``Department of Veterans Affairs readjustment counseling centers'' has the same meaning given the term ``center'' in section 1712A(i)(1) of title 38, United States Code. SEC. 8. VETERAN CENTER HEALTH-CARE PILOT PROGRAM. (a) Program.--(1) Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1720E. Veteran center health-care pilot program ``(a) The Secretary shall carry out a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers. The Secretary shall carry out the pilot program in accordance with this section. ``(b)(1) In carrying out the pilot program, the Secretary shall-- ``(A) identify not less than 12 or more than 15 readjustment counseling centers at which to provide health- related services under the pilot program; and ``(B) provide such services to eligible veterans at such centers in accordance with paragraph (2). ``(2)(A) The Secretary shall provide health-related services under the pilot program as follows: ``(i) At five or more readjustment counseling centers identified under paragraph (1)(A), by providing not less than 20 hours per week of basic ambulatory services and health-care screening through qualified personnel. ``(ii) At five or more such centers, by providing not less than 40 hours per week of full-range ambulatory services through qualified personnel. ``(iii) At two or more such centers, by providing not less than 120 hours per week of physician services through qualified personnel. ``(B) In determining the location of the readjustment counseling centers at which to provide health-related services under the pilot program, the Secretary shall select centers that are located in a variety of geographic areas and that serve veterans of a variety of economic, social, and ethnic backgrounds. ``(c)(1) The Secretary shall commence the provision of health- related services at readjustment counseling centers under this section not later than six months after the date of the enactment of the Readjustment Counseling Service Amendments of 1993. ``(2) The pilot program shall terminate two years after the date on which the Secretary commences the provision of services under paragraph (1). ``(d) For the purposes of this section-- ``(1) the term `Department general health-care facility' has the meaning given such term in section 1712A(i)(2) of this title; ``(2) the term `eligible veteran' means any veteran eligible for outpatient services under paragraph (1), (2), or (3) of section 1712(a) of this title; and ``(3) the term `readjustment counseling center' has the same meaning given the term `center' in section 1712A(i)(1) of this title.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720D the following: ``1720E. Veteran center health-care pilot program.''. (b) Report.--(1) The Secretary of Veterans Affairs shall submit to Congress a report on the veteran center health-care pilot program established under section 1720E of title 38, United States Code (as added by subsection (a)). The report shall include the following: (A) A description of the program, including information on-- (i) the number of veterans provided health-related services under the program; (ii) the number of such veterans referred to Department of Veterans Affairs general health-care facilities in order to provide health care services to such veterans; and (iii) the cost to the Department of the program. (B) An analysis of the effectiveness of the health-related services provided to veterans under the program. (C) The recommendations of the Secretary for means of improving the program, and an estimate of the cost to the Department of implementing such recommendations. (D) Such other information as the Secretary considers appropriate. (2) The Secretary shall submit the report not later than three months after the termination of the pilot program. HR 3096 IH----2", "summary": "Readjustment Counseling Service Amendments of 1993 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until he or she has notified specified congressional committees and 60 days have elapsed since such notification. Requires RCS budget information to be included annually in the President's budget submitted to the Congress. Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service. Makes such a qualified person the director of RCS. Directs the Secretary, upon the request of any veteran (currently, only veterans discharged or released from active duty but not otherwise eligible for such counseling), to furnish counseling in readjusting to civilian life. Allows the provision of counseling to survivors of members of the armed forces who die while serving on active duty or from a condition incurred or aggravated by military service. Provides for the confidentiality of the records of any patient of RCS, permitting disclosure only in specific limited circumstances. Establishes in the Department the Advisory Committee on Veteran Readjustment Counseling to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires specified reports from the Advisory Committee and the Secretary. Directs the Secretary to report to specified congressional committees a plan for the expansion of the Vietnam Veteran Resource Center program as established under prior law. Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Annuity Safety and Security Under Reasonable Enforcement Act of 2013'' or the ``ASSURE Act of 2013''. SEC. 2. CONSIDERATION OF FEDERAL AND MILITARY PENSIONS IN EXTENSIONS OF CREDIT. The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended-- (1) in section 104(3), by inserting after ``other than'' the following: ``payments described under section 126(a) and''; (2) by inserting after section 125 the following: ``Sec. 126. Payments in consideration of Federal and military pensions ``(a) Disclosure.--The Bureau shall issue regulations requiring any payment to a benefit recipient, whether or not such payment is an extension of credit, that diminishes the benefit recipient's ability to control the payments from their Federal or military pension in any way, to be treated as an extension of credit for purposes of the disclosures required under this title. ``(b) Interest Rate Cap.--With respect to a payment to a benefit recipient described under subsection (a)-- ``(1) if such payment is an extension of consumer credit, a creditor may not impose an annual percentage rate of interest greater than the Federal funds rate plus 6 percent; and ``(2) if such payment is not an extension of consumer credit, the Bureau shall issue regulations requiring that the aggregate amount of cash and property paid in exchange for such payment may not exceed an amount that is equivalent to the interest rate described under paragraph (1). ``(c) Definitions.--For purposes of this section: ``(1) Benefit recipient.--The term `benefit recipient' means a person who is entitled to payments under a Federal or military pension. ``(2) Federal or military pension.--The term `Federal or military pension' means-- ``(A) a benefit described under section 5301(a) of title 38, United States Code; ``(B) retired pay to an enlisted member of the Army, Navy, Air Force, or Marine Corps; and ``(C) an annuity described under section 8345 or 8465 of title 5, United States Code. ``(3) Federal funds rate.--For purposes of this section, the term `Federal funds rate' means the Federal funds rate published in the Federal Reserve Statistical Release on selected interest rates (daily or weekly), and commonly referred to as the H.15 release (or any successor publication).''; and (3) in the table of contents for chapter 2 of such Act, by inserting after the item relating to section 125 the following: ``126. Consideration of Federal pensions in extensions of credit''. SEC. 3. CLARIFICATION OF ASSIGNMENTS; PRIVATE RIGHTS OF ACTIONS. (a) Veterans Benefits.--Section 5301 of title 38, United States Code, is amended by adding at the end the following: ``(f) Private Right of Action.-- ``(1) In general.--A benefit recipient may bring an action against a pension assignee in the appropriate Federal or State court and recover-- ``(A) three times the damages suffered due to the assignment made in violation of this section; ``(B) court costs; and ``(C) reasonable attorneys' fees and expenses. ``(2) Definitions.--For purposes of this subsection: ``(A) Benefit recipient.--The term `benefit recipient' means a person with respect to which payments of benefits described under this section are due or are to become due. ``(B) Pension assignee.--With respect to a benefit recipient, the term `pension assignee' means a person who has been assigned the benefits of the benefit recipient in violation of this section.''. (b) Military Retired Pay.--Section 701 of title 37, United States Code, is amended by adding at the end the following: ``(f) Clarification on Non-Assignment of Retired Pay for Enlisted Members.-- ``(1) In general.--For purposes of this subsection (c), in any case where an enlisted member is entitled to retired pay and enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive payment of such retired pay, whether by payment from the member to such other person, deposit into an account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited. Any agreement or arrangement for collateral for security for an agreement that is prohibited under the previous sentence is also prohibited. ``(2) Private right of action.-- ``(A) In general.--A retired pay recipient may bring an action against a retired pay assignee in the appropriate Federal or State court and recover-- ``(i) three times the damages suffered due to the assignment of retired pay made in violation of this section; ``(ii) court costs; and ``(iii) reasonable attorneys' fees and expenses. ``(B) Definitions.--For purposes of this subsection: ``(i) Retired pay recipient.--The term `retired pay recipient' means a person with respect to which retired pay described under this section is due or is to become due. ``(ii) Retired pay assignee.--With respect to a retired pay recipient, the term `retired pay assignee' means a person who has been assigned or allotted the retired pay of the retired pay recipient in violation of this section.''. (c) CSRS Annuities.--Section 8345(h) of title 5, United States Code, is amended to read as follows: ``(h) Non-Assignment of Annuities.-- ``(1) In general.--An individual entitled to an annuity from the Fund may not make allotments or assignments of amounts from such annuity. ``(2) Construction.--For purposes of this subsection-- ``(A) in any case where an individual entitled to an annuity from the Fund enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive payment of such annuity, whether by payment from the individual to such other person, deposit into an account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited; and ``(B) any agreement or arrangement for collateral for security for an agreement that is prohibited under subparagraph (A) is also prohibited. ``(3) Exception.--Paragraphs (1) and (2) shall not apply to amounts used to pay dues to unions or other employee organizations. ``(4) Private right of action.-- ``(A) In general.--An annuity recipient may bring an action against an annuity assignee in the appropriate Federal or State court and recover-- ``(i) three times the damages suffered due to the assignment made in violation of this subsection or the regulations issued pursuant to this subsection; ``(ii) court costs; and ``(iii) reasonable attorneys' fees and expenses. ``(B) Definitions.--For purposes of this paragraph: ``(i) Annuity assignee.--With respect to an annuity recipient, the term `annuity assignee' means a person who has been assigned or allotted all or part of an annuity from the Fund in violation of this subsection or the regulations issued pursuant to this subsection. ``(ii) Annuity recipient.--The term `annuity recipient' means an individual entitled to an annuity from the Fund.''. (d) FERS Annuities.--Section 8465(b) of title 5, United States Code, is amended to read as follows: ``(b) Non-Assignment of Annuities.-- ``(1) In general.--An individual entitled to an annuity from the Fund may not make allotments or assignments of amounts from such annuity. ``(2) Construction.--For purposes of this subsection-- ``(A) in any case where an individual entitled to an annuity from the Fund enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive payment of such annuity, whether by payment from the individual to such other person, deposit into an account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited; and ``(B) any agreement or arrangement for collateral for security for an agreement that is prohibited under subparagraph (A) is also prohibited. ``(3) Exception.--Paragraphs (1) and (2) shall not apply to amounts used to pay dues to unions or other employee organizations. ``(4) Private right of action.-- ``(A) In general.--An annuity recipient may bring an action against an annuity assignee in the appropriate Federal or State court and recover-- ``(i) three times the damages suffered due to the assignment made in violation of this subsection or the regulations issued pursuant to this subsection; ``(ii) court costs; and ``(iii) reasonable attorneys' fees and expenses. ``(B) Definitions.--For purposes of this paragraph: ``(i) Annuity assignee.--With respect to an annuity recipient, the term `annuity assignee' means a person who has been assigned or allotted all or part of an annuity from the Fund in violation of this subsection or the regulations issued pursuant to this subsection. ``(ii) Annuity recipient.--The term `annuity recipient' means an individual entitled to an annuity from the Fund.''. SEC. 4. BUREAU OF CONSUMER FINANCIAL PROTECTION PROVISIONS. (a) Regulation of Federal or Military Pension-Related Products.-- Section 1032(f) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5532(f)) is amended by adding at the end the following: ``(g) Regulation of Federal or Military Pension-Related Products.-- ``(1) In general.--The Bureau shall issue regulations to require a person offering a Federal or military pension-related product to provide additional disclosures when advertising or selling such product, sufficient to allow consumers to understand how their pension relates to the product. ``(2) Definitions defined.--For purposes of this subsection: ``(A) Federal or military pension.--The term `Federal or military pension' means-- ``(i) a benefit described under section 5301(a) of title 38, United States Code; ``(ii) retired pay to an enlisted member of the Army, Navy, Air Force, or Marine Corps; and ``(iii) an annuity described under section 8345 or 8465 of title 5, United States Code. ``(B) Federal or military pension-related product.--The term `Federal or military pension-related product' means a financial product or service related to a Federal or military pension, including any extension of credit if the creditor, when determining a consumer's ability to repay the extension of credit, takes the pension into consideration.''. (b) Study by the Bureau.-- (1) In general.--The Bureau of Consumer Financial Protection shall carry out a study of financial products and services that target military retirees and Federal employee retirees. (2) Report.--Not later than the end of the 3-month period beginning on the date of the enactment of this Act, the Bureau shall issue a report to the Congress containing all findings and determinations made in carrying out the study required under this subsection.", "summary": "Annuity Safety and Security Under Reasonable Enforcement Act of 2013 or the ASSURE Act of 2013 - Amends the Truth in Lending Act to direct the Bureau of Consumer Financial Protection (CFPB) to issue regulations requiring any payment to a recipient of a federal or military pension (a benefit recipient) that diminishes the benefit recipient's ability to control payments from such pension to be treated as an extension of credit. Requires financial institutions to include the terms of such credit in consumer information disclosures. Prohibits the annual percentage rate of interest on such arrangements from exceeding the federal funds rate plus 6% or an equivalent aggregate amount of cash and property. Specifies conditions under which payment of consideration in exchange for the retired pay of enlisted military members is prohibited from assignment under veterans' benefits laws. Prohibits individuals from making allotments or assignments from annuities under the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS), including any agreement under which another person acquires for consideration the right to receive payment from such annuities as well as any arrangement for collateral for security for such an agreement. Exempts union dues or payments to employee organizations from such prohibitions. Authorizes benefit recipients, individuals entitled to military retired pay, and annuity recipients to bring a private legal action in federal or state court against an assignee engaging in prohibited assignments. Amends the Consumer Financial Protection Act of 2010 to direct the CFPB to issue regulations requiring persons offering federal or military pension-related products to provide additional disclosures when advertising or selling such products to allow consumers to understand how their pension relates to the product."}
{"article": "SECTION 1. MODIFICATIONS OF ONLINE ACCESS TO CERTAIN FINANCIAL DISCLOSURE STATEMENTS AND RELATED FORMS. (a) Public, Online Disclosure of Financial Disclosure Forms.-- (1) In general.--Except with respect to financial disclosure forms filed by officers and employees referred to in paragraph (2), section 8(a) and section 11(a) of the STOCK Act (5 U.S.C. App. 105 note) shall not be effective. (2) Exempted officers and employees.--The officer and employees referred to in paragraph (1) are the following: (A) The President. (B) The Vice President. (C) Any Member of Congress. (D) Any candidate for Congress. (E) Any officer occupying a position listed in section 5312 or section 5313 of title 5, United States Code, having been nominated by the President and confirmed by the Senate to that position. (3) Conforming amendment.--Section 1 of the Act entitled ``An Act to change the effective date for the internet publication of certain information to prevent harm to the national security or endangering the military officers and civilian employees to whom the publication requirement applies, and for other purposes'' is repealed. (b) Electronic Filing and Online Availability.-- (1) For members of congress and candidates.--Section 8(b) of the STOCK Act (5 U.S.C. App. 105 note) is amended-- (A) in the heading, by striking ``, Officers of the House and Senate, and Congressional Staff''; (B) in paragraph (1)-- (i) by striking ``18 months after the date of enactment of this Act'' and inserting ``January 1, 2014''; (ii) by amending subparagraph (B) to read as follows: ``(B) public access to-- ``(i) financial disclosure reports filed by Members of Congress and candidates for Congress, ``(ii) reports filed by Members of Congress and candidates for Congress of a transaction disclosure required by section 103(l) of the Ethics in Government Act of 1978, and ``(iii) notices of extensions, amendments, and blind trusts, with respect to financial disclosure reports described in clauses (i) and (ii), pursuant to title I of the Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.), through databases that are maintained on the official websites of the House of Representatives and the Senate.''; (C) in paragraph (2)-- (i) by striking the first two sentences; and (ii) in the last sentence, by striking ``under this section'' and inserting ``under paragraph (1)(B)''; (D) in paragraph (3), by striking ``under this subsection'' and inserting ``under paragraph (1)(B)''; (E) in paragraph (4), by inserting ``be able to'' after ``shall''; and (F) in paragraph (5), by striking ``under this subsection'' and inserting ``under paragraph (1)(B)''. (2) For executive branch officials.--Section 11(b) of the STOCK Act (5 U.S.C. App. 105 note) is amended-- (A) in the heading, by striking ``Employees'' and inserting ``Officials'' ; (B) in paragraph (1)-- (i) by striking ``18 months after the date of enactment of this Act'' and inserting ``January 1, 2014''; (ii) by amending subparagraph (B) to read as follows: ``(B) public access to-- ``(i) financial disclosure reports filed by the President, the Vice President, and any officer occupying a position listed in section 5312 or section 5313 of title 5, United States Code, having been nominated by the President and confirmed by the Senate to that position, ``(ii) reports filed by any individual described in clause (i) of a transaction disclosure required by section 103(l) of the Ethics in Government Act of 1978, and ``(iii) notices of extensions, amendments, and blind trusts, with respect to financial disclosure reports described in clauses (i) and (ii), pursuant to title I of the Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.), through databases that are maintained on the official website of the Office of Government Ethics.''; (C) in paragraph (2)-- (i) by striking the first two sentences; and (ii) in the last sentence, by striking ``under this section'' and inserting ``under paragraph (1)(B)''; (D) in paragraph (3), by striking ``under this subsection'' and inserting ``under paragraph (1)(B)''; (E) in paragraph (4), by inserting ``be able to'' after ``shall''; and (F) in paragraph (5), by striking ``under this subsection'' and inserting ``under paragraph (1)(B)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": ". Amends the Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act) with respect to mandatory public, on-line reporting of financial disclosure statements by congressional staff and executive branch officers and employees. Applies mandatory public, on-line reporting of financial disclosure statements only to Members of Congress, congressional candidates, the President, the Vice President, and executive branch officers at levels I and II of the Executive Schedule who require nomination by the President and confirmation by the Senate. Extends until January 1, 2014, the deadline for: the Secretary, the Sergeant at Arms, and the Clerk to develop systems to enable the electronic filing of financial disclosure reports as well as their on-line public availability; the Director of the Office of Government Ethics to develop such systems for financial disclosure forms filed by covered executive branch officials. Repeals: (1) the prohibition against requiring a login to search or sort the data contained in the publicly available financial disclosure systems, and (2) the requirement that a login protocol with the name of the user be utilized by a person downloading data contained in the reports."}
{"article": "SECTION 1. RECOVERY PERIOD FOR DEPRECIATION OF CERTAIN SYSTEMS INSTALLED IN NONRESIDENTIAL AND RESIDENTIAL RENTAL BUILDINGS. (a) 20-Year Recovery Period for Highly Efficient HVAC&R Equipment.--Subparagraph (F) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 20-year property) is amended to read as follows: ``(F) 20-year property.--The term `20-year property' means-- ``(i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and ``(ii) any property-- ``(I) which is part of a heating, ventilation, air conditioning, or commercial refrigeration system, ``(II) which exceeds by at least 10 percent the applicable minimum performance standard for such system or component under the National Appliance Energy Conservation Act of 1987 or the Energy Policy Act of 1992 (as such Acts are in effect on the date that such property is placed in service and taking into account any changes to the American Society of Heating, Refrigerating and Air-conditioning Engineers Standard 90.1 which have been adopted by the Department of Energy as of such date), ``(III) which is installed on or in a building which is nonresidential real property or residential rental property, ``(IV) the original use of which commences with the taxpayer (the owner or lessor in the case of residential rental property), and ``(V) which is placed in service before January 1, 2013.'' (b) 25-Year Recovery Period.--Section 168(e)(3) of such Code is further amended by inserting after subparagraph (F) the following new subparagraph: ``(G) 25-year property.--The term `25-year property' means any property-- ``(i) which is part of a heating, ventilation, air conditioning, or commercial refrigeration system, ``(ii) which is not described in subparagraph (F), ``(iii) which is installed on or in a building which is nonresidential real property or residential rental property, ``(iv) the original use of which commences with the taxpayer (the owner or lessor in the case of residential rental property), and ``(v) which is placed in service before January 1, 2013.''. (c) Conforming Amendments.-- (1) The table contained in section 168(c) of such Code is amended by inserting after the item relating to 20-year property the following new item: ``25-year property................................. 25 years''. (2) The table contained in section 467(e)(3)(A) of such Code is amended by inserting after the item relating to residential rental property and nonresidential real property the following new item: ``25-year property................................. 25 years''. (d) Requirement To Use Straight Line Method.--Paragraph (3) of section 168(b) of such Code (relating to property to which straight line method applies) is amended by redesignating subparagraphs (F), (G), (H), and (I) as subparagraphs (G), (H), (I), and (J), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) Property described in subsection (e)(3)(F)(ii) and subsection (e)(3)(G).''. (e) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by striking the items relating to subparagraph (F) and inserting the following new items: ``(F)(i)............................................... 20 (F)(ii)............................................... 20 (G)................................................... 25''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2008.", "summary": "Amends the Internal Revenue Code to provide for accelerated depreciation of certain energy-efficient heating, ventilation, air conditioning, or commercial refrigeration property installed in nonresidential real property or residential rental property and placed in service before January 1, 2013."}
{"article": "SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Local Government Landfill Compliance Deadline Act''. (b) Purpose.--The purpose of this Act is to strengthen the ability of county and city officials to fulfill the goals established for municipal solid waste landfills by allowing adequate time for wise, environmentally sound, and fiscally responsible decisionmaking by the officials in a manner consistent with the obligations of the officials to the citizens they serve. SEC. 2. TEMPORARY EXEMPTION OF CERTAIN LANDFILLS FROM MEETING REVISED CRITERIA. (a) Temporary Exemption.-- (1) In general.--Except as provided in paragraph (2), during the 1-year period beginning on October 9, 1993, each municipal solid waste landfill that-- (A) is in existence on October 8, 1993; and (B) meets the requirements of the criteria contained in regulations issued pursuant to sections 4004(a) and 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6944(a) and 6949a(c), respectively) as in effect on January 1, 1993, shall not be required to meet any revised criteria that take effect after the date specified in subparagraph (B). (2) Exceptions.-- (A) In general.--If the Administrator of the Environmental Protection Agency (referred to in this section as the `Administrator'), or the appropriate official of a State with a plan approved by the Administrator pursuant to title IV of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) (referred to in this section as an ``appropriate State official''), determines that the owner or operator of a municipal solid waste landfill did not make a good faith effort before October 9, 1993, to comply with any revised criteria that took effect after the date specified in paragraph (1)(B), the exemption described in paragraph (1) shall not apply to the landfill. (B) Temporary extension of exemption.--The owner or operator of a municipal solid waste landfill that is the subject of an exemption under paragraph (1) may submit an application to the Administrator or an appropriate State official (in the case of a State referred to in subparagraph (A)) for a 180-day extension of the exemption. The Administrator (or the appropriate State official) shall grant the extension if the Administrator (or the appropriate State official) determines that the owner or operator cannot achieve compliance with the revised criteria referred to in such paragraph by the end of the 1-year period specified in such paragraph because of 1 or more factors beyond the control of the owner or operator, including-- (i) litigation; (ii) adverse weather conditions that slow or bring to a temporary halt the construction of a landfill; (iii) a breakdown in negotiations for the construction or use of a regional landfill that requires any local government participating in the negotiations to pursue other arrangements for waste disposal; or (iv) any delay in siting, permitting, or patenting a landfill or transfer station, including any delay attributable to-- (I) the unavailability of, or inaccessibility to, technical assistance; or (II) procedures for purchasing, leasing, permitting, or patenting a site on Federal land, including carrying out any necessary environmental assessments or preparing environmental impact statements pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (C) Mandatory extension.--The Administrator (or the appropriate State official) may not disapprove any application referred to in subparagraph (B) in any case in which the Administrator (or appropriate State official) determines that the failure of a Federal agency or a department or agency of a State to issue a permit, patent, or other necessary approval for a landfill that is the subject of the application, or a transfer station associated with the landfill, has been a factor in the inability of the owner or operator of the landfill to achieve compliance with the revised criteria referred to in paragraph (1). (b) Prior Criteria Applicable During Exemption Period.--During the period specified in subsection (a)(1), and during any applicable additional period specified in subsection (a)(2)(B), a landfill subject to an exemption pursuant to this section shall be subject to the criteria referred to in subsection (a)(1)(B). (c) Effective Date of Revised Criteria.--Except as otherwise specifically provided in this Act, beginning on October 9, 1994, each municipal solid waste landfill shall be subject to the revised criteria applicable to the landfill issued pursuant to sections 4004(a) and 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6944(a) and 6949a(c), respectively), and any subsequent revision to the criteria. (d) Citizen Suits.--No person may commence a civil action pursuant to section 7002 of the Solid Waste Disposal Act (42 U.S.C. 6972) on the basis of the failure of a municipal solid waste landfill subject to the exemption described in subsection (a)(1) to meet any requirement with respect to which the exemption applies. SEC. 3. EXTENSION OF EFFECTIVE DATE OF FINANCIAL ASSURANCE REQUIREMENTS. (a) In General.--Notwithstanding any other provision of law, the Administrator shall issue regulations that revise the financial assurance requirements under subpart G of title 40, Code of Federal Regulations, to broaden the mechanisms available to an owner or operator of a municipal solid waste landfill for demonstrating financial responsibility. The revised regulations shall include revised criteria for determining whether mechanisms in addition to the mechanisms specified in the regulations may be approved by the Administrator. The revised criteria shall take into account the financial circumstances of small municipalities and counties (as defined and determined by the Administrator). (b) Effective Date.--The revised regulations promulgated pursuant to subsection (a) shall take effect on the date that is 2 years after the promulgation of the regulations. (c) Applicability.--During the period beginning on the effective date specified in section 258.70 of title 40, Code of Federal Regulations, and ending on the date specified in subsection (b), the financial assurance requirements under subpart G of part 258 of title 40, Code of Federal Regulations, shall not apply. SEC. 4. GROUND WATER MONITORING. (a) In General.--As soon as practicable after the date of enactment of this Act, the Administrator shall issue regulations that exempt from the ground water monitoring requirements under sections 258.51 through 258.55 of title 40, Code of Federal Regulations, any municipal solid waste landfill unit described in the matter preceding clause (i) in section 258.1(f)(1), as added by the final rule published at 56 Fed. Reg. 50798 on October 9, 1991, (referred to in this section as a ``small landfill'')-- (1) in a community that experiences an annual interruption of at least 3 consecutive months of surface transportation that prevents access to a regional waste management facility; or (2) in a community that has no practicable waste management alternative and that has a small landfill unit located in an area that annually receives less than or equal to 25 inches of precipitation. (b) Effective Date.--The regulations promulgated pursuant to subsection (a) shall take effect on the date that is 2 years after the date of enactment of this Act. (c) Exemption.--Notwithstanding any other provision of law, before the effective date of the regulations referred to in subsection (b), a landfill referred to in subsection (a) shall not be required to carry out any ground water monitoring activities required under Federal law.", "summary": "Local Government Landfill Compliance Deadline Act - Exempts municipal solid waste landfills existing as of October 8, 1993, which meet criteria under the Solid Waste Disposal Act as in effect on January 1, 1993, from meeting any revised criteria (established for facilities which may receive hazardous wastes) for a period of one year. Makes such exemption inapplicable to landfill owners or operators who did not make a good faith effort before October 9, 1993, to comply with criteria. Provides for a 180-day extension of the exemption subject to specified factors beyond the control of the owner or operator. Directs the Administrator of the Environmental Protection Agency to issue regulations to revise specified financial assurance requirements under the Code of Federal Regulations (CFR) to broaden the mechanisms available to municipal landfill owners or operators for demonstrating financial responsibility. Makes current requirements inapplicable until the effective date of such regulations. Requires the Administrator to issue regulations that exempt certain small landfills from CFR groundwater monitoring requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Institution Customer Protection Act of 2014''. SEC. 2. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND ORDERS. (a) Termination Requests or Orders Must Be Material.-- (1) In general.--An appropriate Federal banking agency may not suggest, request, or order a depository institution to terminate a specific customer account or to otherwise restrict or discourage a depository institution from entering into or maintaining a banking relationship with a specific customer unless-- (A) the agency has a material reason for such suggestion, request, or order; and (B) such reason is not based solely on reputation risk. (2) Treatment of national security threats.--If an appropriate Federal banking agency believes a specific customer poses a threat to national security, including any belief that such customer is involved in terrorist financing, such belief shall satisfy the materiality requirement under paragraph (1)(A). (3) Rulemaking.--Not later than the end of the 60-day period beginning on the date of the enactment of this Act, the appropriate Federal banking agencies shall, jointly, issue regulations defining the term ``reputation risk'' for purposes of this section. (b) Notice Requirement.-- (1) In general.--If an appropriate Federal banking agency suggests, requests, or orders a depository institution to terminate a specific customer account, the agency shall-- (A) provide such suggestion, request, or order to the institution in writing; and (B) accompany such suggestion, request, or order with a justification for why such termination is needed, including any specific laws or regulations the agency believes are being violated by the customer, if any. (2) Justification requirement.--A justification described under paragraph (1)(B) may not be based solely on the reputation risk to the depository institution. (c) Customer Notice.-- (1) Notice not required.--Nothing in this section shall be construed as requiring a depository institution or an appropriate Federal banking agency to inform a customer of the justification for the customer's account termination described under subsection (b). (2) Notice prohibited in cases of national security.--If an appropriate Federal banking agency suggests, requests, or orders a depository institution to terminate a specific customer account based on a belief that the customer poses a threat to national security, neither the depository institution nor the appropriate Federal banking agency may inform the customer of the justification for the customer's account termination. (d) Reporting Requirement.--Each appropriate Federal banking agency shall issue an annual report to the Congress stating-- (1) the aggregate number of specific customer accounts that the agency suggested, requested, or ordered a depository institution to terminate during the previous year; and (2) the legal authority under which the agency made such suggestions, requests, and orders. (e) Definitions.--For purposes of this section: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' means-- (A) the appropriate Federal banking agency, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and (B) the National Credit Union Administration, in the case of an insured credit union. (2) Depository institution.--The term ``depository institution'' means-- (A) a depository institution, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and (B) an insured credit union. SEC. 3. AMENDMENTS TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989. Section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833a) is amended-- (1) in subsection (c)(2), by striking ``affecting'' and inserting ``by or against''; and (2) in subsection (g)-- (A) in the header, by striking ``Subpoenas'' and inserting ``Investigations''; and (B) by amending paragraph (1)(C) to read as follows: ``(C) summon witnesses and require the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry, if the Attorney General-- ``(i) requests a court order from a court of competent jurisdiction for such actions and offers specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant and material for conducting an investigation under this section; or ``(ii) either personally or through delegation no lower than the Deputy Attorney General, issues and signs a subpoena for such actions and has reasonable grounds to believe that the information or testimony sought is relevant for conducting an investigation under this section.''.", "summary": "Financial Institution Customer Protection Act of 2014 - Prohibits a federal banking agency from suggesting, requesting, or ordering a depository institution to terminate a specific customer account, or otherwise restrict or discourage it from entering into or maintaining a banking relationship with a specific customer, unless: (1) the agency has a material reason to do so, and (2) the reason is not based solely on reputation risk. Prescribes requirements for notice from the federal banking agency to the depository institution about such a customer account restriction or termination; but states that notice to the customer is not required. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to revise requirements for summoning witnesses and requiring production of books or other records the Attorney General deems relevant or material to a civil investigation in contemplation of a civil proceeding which may result in civil penalties for specified violations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildlife and Hunting Heritage Conservation Council Advisory Committee Act''. SEC. 2. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY COMMITTEE. (a) In General.--The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is amended by adding at the end the following: ``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY COMMITTEE. ``(a) Establishment.--There is hereby established the Wildlife and Hunting Heritage Conservation Council Advisory Committee (in this section referred to as the `Advisory Committee') to advise the Secretaries of the Interior and Agriculture on wildlife and habitat conservation, hunting, and recreational shooting. ``(b) Duties of the Advisory Committee.--The Advisory Committee shall advise the Secretaries with regard to-- ``(1) implementation of Executive Order No. 13443: Facilitation of Hunting Heritage and Wildlife Conservation, which directs Federal agencies `to facilitate the expansion and enhancement of hunting opportunities and the management of game species and their habitat'; ``(2) policies or programs to conserve and restore wetlands, agricultural lands, grasslands, forest, and rangeland habitats; ``(3) policies or programs to promote opportunities and access to hunting and shooting sports on Federal lands; ``(4) policies or programs to recruit and retain new hunters and shooters; ``(5) policies or programs that increase public awareness of the importance of wildlife conservation and the social and economic benefits of recreational hunting and shooting; and ``(6) policies or programs that encourage coordination among the public, the hunting and shooting sports community, wildlife conservation groups, and States, tribes, and the Federal Government. ``(c) Membership.-- ``(1) Appointment.-- ``(A) In general.--The Advisory Committee shall consist of no more than 16 discretionary members and 7 ex officio members. ``(B) Ex officio members.--The ex officio members are-- ``(i) the Director of the United States Fish and Wildlife Service or a designated representative of the Director; ``(ii) the Director of the Bureau of Land Management or a designated representative of the Director; ``(iii) the Director of the National Park Service or a designated representative of the Director; ``(iv) the Chief of the Forest Service or a designated representative of the Chief; ``(v) the Chief of the Natural Resources Conservation Service or a designated representative of the Chief; ``(vi) the Administrator of the Farm Service Agency or a designated representative of the Administrator; and ``(vii) the Executive Director of the Association of Fish and Wildlife Agencies. ``(C) Discretionary members.--The discretionary members shall be appointed jointly by the Secretaries from at least one of each of the following: ``(i) State fish and wildlife agencies. ``(ii) Game bird hunting organizations. ``(iii) Wildlife conservation organizations. ``(iv) Big game hunting organizations. ``(v) The tourism, outfitter, or guiding industry. ``(vi) The firearms or ammunition manufacturing industry. ``(vii) The hunting or shooting equipment retail industry. ``(viii) Tribal resource management organizations. ``(ix) The agriculture industry. ``(x) The ranching industry. ``(xi) Waterfowl hunting organizations. ``(D) Eligibility.--Prior to the appointment of the discretionary members, the Secretaries shall determine that all individuals nominated for appointment to the Advisory Committee, and the organization each individual represents, actively support and promote sustainable-use hunting, wildlife conservation, and recreational shooting. ``(2) Terms.-- ``(A) In general.--Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. Members shall not be appointed for more than 3 consecutive or nonconsecutive terms. ``(B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the members first appointed-- ``(i) 6 members shall be appointed for a term of 4 years; ``(ii) 5 members shall be appointed for a term of 3 years; and ``(iii) 5 members shall be appointed for a term of 2 years. ``(3) Preservation of public advisory status.--No individual may be appointed as a discretionary member of the Advisory Committee while serving as an officer or employee of the Federal Government. ``(4) Vacancy and removal.-- ``(A) In general.--Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. ``(B) Removal.--Advisory Committee members shall serve at the discretion of the Secretaries and may be removed at any time for good cause. ``(5) Continuation of service.--Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed. ``(6) Chairperson.--The Chairperson of the Advisory Committee shall be appointed for a 3-year term by the Secretaries, jointly, from among the members of the Advisory Committee. An individual may not be appointed as Chairperson for more than 2 consecutive or nonconsecutive terms. ``(7) Pay and expenses.--Members of the Advisory Committee shall serve without pay for such service, but each member of the Advisory Committee may be reimbursed for travel and lodging incurred through attending meetings of the Advisory Committee approved subgroup meetings in the same amounts and under the same conditions as Federal employees (in accordance with section 5703 of title 5, United States Code). ``(8) Meetings.-- ``(A) In general.--The Advisory Committee shall meet at the call of the Secretaries, the chairperson, or a majority of the members, but not less frequently than twice annually. ``(B) Open meetings.--Each meeting of the Advisory Committee shall be open to the public. ``(C) Prior notice of meetings.--Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register and be submitted to trade publications and publications of general circulation. ``(D) Subgroups.--The Advisory Committee may establish such workgroups or subgroups as it deems necessary for the purpose of compiling information or conducting research. However, such workgroups may not conduct business without the direction of the Advisory Committee and must report in full to the Advisory Committee. ``(9) Quorum.--Nine members of the Advisory Committee shall constitute a quorum. ``(d) Expenses.--The expenses of the Advisory Committee that the Secretaries determine to be reasonable and appropriate shall be paid by the Secretaries. ``(e) Administrative Support, Technical Services, and Advice.--A designated Federal Officer shall be jointly appointed by the Secretaries to provide to the Advisory Committee the administrative support, technical services, and advice that the Secretaries determine to be reasonable and appropriate. ``(f) Annual Report.-- ``(1) Required.--Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretaries, the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. If circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretaries shall advise the Chairpersons of each such Committee of the reasons for such delay and the date on which the submission of the report is anticipated. ``(2) Contents.--The report required by paragraph (1) shall describe-- ``(A) the activities of the Advisory Committee during the preceding year; ``(B) the reports and recommendations made by the Advisory Committee to the Secretaries during the preceding year; and ``(C) an accounting of actions taken by the Secretaries as a result of the recommendations. ``(g) Federal Advisory Committee Act.--The Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).''. (b) Continuance and Abolishment of Existing Wildlife and Hunting Heritage Conservation Council.--The Wildlife and Hunting Heritage Conservation Council established pursuant to section 441 of the Revised Statutes (43 U.S.C. 1457), section 2 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a), and other Acts applicable to specific bureaus of the Department of the Interior-- (1) shall continue until the date of the first meeting of the Wildlife and Hunting Heritage Conservation Council established by the amendment made by subsection (a); and (2) is hereby abolished effective on that date.", "summary": "Wildlife and Hunting Heritage Conservation Council Advisory Committee Act This bill amends the Fish and Wildlife Coordination Act to establish the Wildlife and Hunting Heritage Conservation Council Advisory Committee to advise the Department of the Interior and the Department of Agriculture on wildlife and habitat conservation, hunting, and recreational shooting. The Advisory Committee must advise the departments on policies or programs related to: implementing Executive Order No. 13443: Facilitation of Hunting Heritage and Wildlife Conservation; conserving and restoring wetlands, agricultural lands, grasslands, forest, and rangeland habitats; promoting opportunities for and access to hunting and shooting sports on federal lands; recruiting and retaining new hunters and shooters; increasing public awareness of the importance of wildlife conservation and the benefits of recreational hunting and shooting; and encouraging coordination among the public, the hunting and shooting sports community, wildlife conservation groups, states, tribes, and the federal government. The bill also specifies requirements for membership, meetings, pay and expenses, administrative support, and annual reports to Congress. The Advisory Committee is exempt from the Federal Advisory Committee Act. The bill abolishes the existing Wildlife and Hunting Heritage Conservation Council, effective on the date of the first meeting of the Advisory Committee established by this bill."}
{"article": "SECTION 1. RENDERING ALIENS CONVICTED OF AN AGGRAVATED FELONY OR A FIREARM OFFENSE INADMISSIBLE. (a) In General.--Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: ``(H) Aggravated felony.-- ``(i) In general.--Any alien who is convicted of an aggravated felony is inadmissible. ``(ii) Waiver authorized.--Clause (i) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States. ``(I) Certain firearm offenses.--Any alien who is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code) in violation of any law is inadmissible.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to convictions entered on or after the date of the enactment of this Act. SEC. 2. LIMITATION ON WAIVER OF INADMISSIBILITY FOR CRIMINAL ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES. (a) In General.--Section 212(h) of the Immigration and Nationality Act (8 U.S.C. 1182(h)) is amended by inserting before the final sentence the following: ``No waiver shall be granted under this subsection in the case of any alien who is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled if either the alien has been convicted of an aggravated felony committed in the United States or the alien has not resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to waivers granted on or after the date of the enactment of this Act. SEC. 3. INADMISSIBILITY AND INELIGIBILITY FOR FINDING OF GOOD MORAL CHARACTER FOR ALIENS WHO MAKE MISREPRESENTATIONS TO PROCURE BENEFITS FOR OTHERS. (a) Inadmissibility.--Section 212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)) is amended by striking ``this Act'' and inserting ``this Act, for himself, herself, or any other alien,''. (b) Ineligibility for Finding of Good Moral Character.--Section 101(f)(6) of the Immigration and Nationality Act (8 U.S.C. 1101(f)(6)) is amended to read as follows: ``(6) one who, by fraud or willfully misrepresenting a material fact, has sought to procure or has procured a visa, other documentation, or admission into the United States or other benefit provided under this Act, for himself, herself, or any other alien;''. (c) Effective Date.--The amendments made by this section shall apply to misrepresentations made on or after the date of the enactment of this Act. SEC. 4. TERMINATION OF CONTINUOUS PRESENCE FOR PURPOSES OF CANCELLATION OF REMOVAL UPON COMMISSION OF OFFENSE RENDERING ALIEN INADMISSIBLE OR DEPORTABLE. (a) In General.--Section 240A(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking ``referred to in section 212(a)(2)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to aliens who are in proceedings under the Immigration and Nationality Act on or after the date of the enactment of this Act if those proceedings have not resulted in a final administrative order before such date. SEC. 5. DETENTION AND RELEASE OF CRIMINAL ALIENS PENDING REMOVAL DECISION. (a) Arrest and Detention.-- (1) In general.--Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended-- (1) by striking the matter preceding subparagraph (A) and inserting the following: ``(1) Arrest and detention.--On a warrant issued by the Attorney General, an alien shall be arrested and detained pending a decision on whether the alien is to be removed from the United States if the Attorney General alleges that the alien--''; (2) in subparagraph (D), by striking the comma at the end and inserting a period; and (3) by striking the matter following subparagraph (D) and adding at the end the following: ``Nothing in this paragraph shall be construed as requiring the Attorney General to arrest or detain an alien who is sentenced to a term of imprisonment until the alien is released from imprisonment, but parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason for the Attorney General to defer arrest and detention under this paragraph.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to aliens who are in proceedings under the Immigration and Nationality Act on or after the date of the enactment of this Act if those proceedings have not resulted in a final administrative order before such date. (b) Release.-- (1) In general.--Section 236(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(2)) is amended by adding at the end the following: ``The Attorney General may release an alien under this paragraph only on bond of at least $2,000 with security approved by, and containing conditions prescribed by, the Attorney General.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to releases occurring on or after the date of the enactment of this Act.", "summary": "Limits the waiver of inadmissibility for certain criminal aliens unlawfully present in the United States. Makes an alien who has fraudulently misrepresented a material fact or obtained or sought to obtain immigration-related documents ineligible for a finding of good moral character under such Act. Revises provisions respecting: (1) termination of continuous presence for purposes of cancellation of removal for certain offenses; and (2) detention and release of criminal aliens pending removal decision."}
{"article": "SECTION 1. CALLABLE STOCK OF FEDERAL RESERVE BANKS. (a) In General.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended-- (1) in the third undesignated paragraph of section 2-- (A) by striking ``Under regulations'' and inserting the following: ``(3) Subscription to stock.-- ``(A) In general.--Under regulations''; (B) by striking ``one-sixth of the subscription to be payable on call of the organization committee or of the Board of Governors of the Federal Reserve System, one-sixth within three months and one-sixth within six months thereafter, and the remainder of the subscription, or any part thereof, shall be subject to call when deemed necessary by the Board of Governors of the Federal Reserve System'' and inserting ``one- twelfth of the subscription to be paid at such time as the Board of Governors of the Federal Reserve System directs (or, in the case of a member bank with total consolidated assets of $10,000,000,000 or less, as provided under subparagraph (B)) and the remainder of the subscription, or any part thereof, shall be subject to call by the Board of Governors of the Federal Reserve System in the manner described under subparagraph (C)''; and (C) by adding at the end the following: ``(B) Treatment of member banks with $10,000,000,000 or less in assets.-- ``(i) In general.--With respect to the payment of subscription under subparagraph (A) or section 5, a member bank with total consolidated assets of $10,000,000,000 or less may elect to pay one-half of the subscription in lieu of the one-twelfth amount specified under such subparagraph (A) or section 5. ``(ii) Timing of election.--The election described under clause (i)-- ``(I) may only be made once; and ``(II) shall be made before the end of the 1-year period beginning on the date the entity becomes a member bank. ``(C) Subscription subject to call.-- ``(i) In general.--The Board of Governors of the Federal Reserve System may only call the subscription of a member bank under subparagraph (A) or section 5 if the aggregate amount of surplus funds of the Federal reserve banks is exhausted. ``(ii) Return of called amounts.--With respect to amounts called under clause (i), a member bank may elect to have such amounts returned to the member bank if the aggregate amount of surplus funds of the Federal reserve banks is $1,000,000,000 or more. ``(D) Inflation adjustment.--The Board of Governors of the Federal Reserve System shall annually adjust the dollar amounts of total consolidated assets specified under subparagraphs (A) and (B)(i) of this paragraph and under section 5 to reflect the change in the Gross Domestic Product Price Index, published by the Bureau of Economic Analysis.''; and (2) in section 5, by striking ``one-half of said subscription to be paid in the manner hereinbefore provided for original subscription, and one-half subject to call of the Board of Governors of the Federal Reserve System'' and inserting ``one-twelfth of said subscription to be paid in the manner hereinbefore provided for original subscription (or, in the case of a member bank with total consolidated assets of $10,000,000,000 or less, as provided under section 2(3)(B)) and the remainder of the subscription, or any part thereof, subject to call of the Board of Governors of the Federal Reserve System in the manner described under section 2(3)(C)''. (b) Transition Provisions.-- (1) Election by member banks with $10,000,000,000 or less in assets.--Notwithstanding section 2(3)(B)(ii) of the Federal Reserve Act, as added by subsection (a), a member bank with total consolidated assets of $10,000,000,000 or less shall make the election described under section 2(3)(B) of such Act before the end of the 1-year period beginning on the date of the enactment of this Act. (2) Return of payments.--With respect to an entity that is a member bank on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall direct the appropriate Federal reserve bank to return to the member bank an amount equal to 2.5 percent of the paid-up capital stock and surplus of the member bank if, on the date of the enactment of this Act-- (A) the member bank has total consolidated assets of more than $10,000,000,000; or (B) the member bank has total consolidated assets of $10,000,000,000 or less and elects, pursuant to paragraph (1), to pay one-twelfth of the subscription amount described under section 2(3) of the Federal Reserve Act instead of one-half. (3) Member bank defined.--For purposes of this subsection, the term ``member bank'' has the meaning given that term under section 1 of the Federal Reserve Act.", "summary": "This bill amends the Federal Reserve Act to revise the formula for subscription of national banking associations to the stock of their regional Federal Reserve Bank. Instead of one-sixth of an association's subscription to be payable on call by the Board of Governors of the Federal Reserve System, a member bank shall pay one-twelfth of its subscription when the Federal Reserve Board directs, and the remainder subject to the call of the Board. If a member bank has total consolidated assets of $10 billion or less, however, it may elect to pay one-half of its subscription instead of one-twelfth, but only once, and only within the first year after it becomes a member bank. The bill makes similar revisions to the formula for an increase in a member bank's capital stock or surplus. The Board may only call the subscription of a member bank if the aggregate amount of surplus funds of the Federal Reserve Banks is exhausted. A member bank may elect to have called amounts returned to it if the aggregate amount of surplus funds of the Federal Reserve Banks is $1 billion or more. The Board shall make annually inflation adjustments to the dollar amounts of total consolidated assets specified in the Act and in this bill to reflect the change in the Gross Domestic Product Price Index, published by the Bureau of Economic Analysis of the Department of Commerce."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Trafficking Prioritization Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The International Labor Organization estimates that nearly 21 million people are subjected to modern slavery around the world at any given time and that the majority of the enslaved are women and girls. (2) Congress authorized the creation of a Department of State Office to Monitor and Combat Trafficking in Persons in the Trafficking Victims Protection Act of 2000 (Division A of Public Law 106-386) in order to directly assist the Secretary of State in his or her effort to coordinate a United States Government interagency response to domestic and international trafficking in persons. (3) The Office to Monitor and Combat Trafficking in Persons monitors trafficking worldwide and produces the online and printed versions of the annual Trafficking in Persons Report, which is Congress' primary resource for human trafficking reporting, analysis, and recommendations on the United States and 186 countries around the world. (4) The annual Trafficking in Persons Report contains tier rankings of each country on which it reports, and these tier rankings have become an essential diplomatic tool for promoting protection for victims, prevention of trafficking, and prosecution of perpetrators. (5) Some countries have openly stated, and many others have confided, that dramatic improvements in the country's human trafficking record were directly related to avoidance of a low tier ranking in the annual Trafficking in Persons Report. (6) Ambassador Mark Lagon, former Ambassador-at-Large to Monitor and Combat Trafficking in Persons (2007-2009), testified before the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations of the Committee on Foreign Affairs of the House of Representatives on April 18, 2013, that ``[T]he State Department does a tremendous job in producing a report which tells it like it is, offering objective rankings. Yet at times it pulls punches, typically due to the urging of regional specialists rather than the TIP Office's dedicated experts on trafficking.''. (7) Ambassador John Miller, former Ambassador-at-Large to Monitor and Combat Trafficking in Persons (2002-2006), recently stated that, ``Upgrading the status of the Office to a Bureau will not create additional bureaucracy--it will simply give JTIP and the Ambassador-at-Large who heads it equal standing with regional and functional bureaus at the State Department. That standing is absolutely essential for the issue to remain a priority, especially when multiple U.S. interests are engaged.''. (8) The tier ranking process authorized by Congress in the Trafficking Victims Protection Act of 2000 has been in some instances compromised by the Office to Monitor and Combat Trafficking subordinate stature within the Department of State. (9) It is essential for Congress and the Secretary of State to be accurately informed regarding United States and foreign country successes and failures in the fight against human trafficking. (10) The diplomatic power and credibility of the Trafficking in Persons Report is based on rigorous scholarship and scrupulous application of the minimum standards for the elimination of human trafficking and is undermined by political, rather than factual, tier rankings. (11) Strong and effective anti-slavery policy requires that officials from the Office to Monitor and Combat Trafficking have equal hierarchical standing with State Department regional bureaus and direct access to the Secretary of State. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Office to Monitor and Combat Trafficking of the Department of State will be more effective in carrying out duties mandated by Congress in the Trafficking Victims Protection Act of 2000 if the Office status is changed to that of a Bureau within the Department hierarchy; (2) the change in status from Office to Monitor and Combat Trafficking to a Bureau can be accomplished without increasing the number of personnel or the budget of the current Office; (3) a Bureau to Monitor and Combat Trafficking would be more effective in carrying out duties mandated by Congress in the Trafficking Victims Protection Act of 2000 if the Bureau were headed by an Assistant Secretary with direct access to the Secretary of State, rather than an Ambassador-at-Large; and (4) the Secretary of State should review the current use of the 24 Assistant Secretary positions authorized by section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) and make appropriate revisions, consolidations, and eliminations, to ensure that those positions reflect the highest Departmental needs and foreign policy priorities of the United States, including efforts to combat trafficking in persons. SEC. 4. BUREAU TO COMBAT TRAFFICKING IN PERSONS. (a) In General.--Section 105(e) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(e)) is amended-- (1) in the heading, by striking ``Office to Monitor and Combat Trafficking'' and inserting ``Bureau To Combat Trafficking in Persons''; (2) in paragraph (1)-- (A) in the first sentence, by striking ``Office to Monitor and Combat Trafficking'' and inserting ``Bureau to Combat Trafficking in Persons''; (B) in the second sentence, by striking ``Office'' and inserting ``Bureau''; and (C) in the sixth sentence, by striking ``Office'' and inserting ``Bureau''; and (3) in subparagraph (A) of paragraph (2), by striking ``Office to Monitor and Combat Trafficking'' and inserting ``Bureau to Combat Trafficking in Persons''. (b) Reference.--Any reference in the Trafficking Victims Protection Act of 2000 or in any other Act to the Office to Monitor and Combat Trafficking shall be deemed to be a reference to the Bureau to Combat Trafficking in Persons. SEC. 5. REPORT REGARDING DESIGNATION OF ASSISTANT SECRETARY OF STATE TO COMBAT TRAFFICKING IN PERSONS. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing-- (1) for each current Assistant Secretary of State position-- (A) the title of that Assistant Secretary of State; (B) how long that particular Assistant Secretary designation has been in existence; and (C) whether that particular Assistant Secretary designation was legislatively mandated or authorized and, if so, the relevant statutory citation for such mandate or authorization; and (2) whether the Secretary intends to designate one of the Assistant Secretary of State positions authorized by section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) as the Assistant Secretary of State to Combat Trafficking in Persons, and the reasons for that decision. SEC. 6. COUNTRIES ON SPECIAL WATCH LIST FOR 4 CONSECUTIVE YEARS THAT ARE DOWNGRADED AND REINSTATED ON SPECIAL WATCH LIST. Section 110(b)(2) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)) is amended by adding at the end the following: ``(F) Countries on special watch list for 4 consecutive years that are downgraded and reinstated on special watch list.--Notwithstanding subparagraphs (D) and (E), a country that-- ``(i) was included on the special watch list described in subparagraph (A) for 4 consecutive years after the date of the enactment of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and ``(ii) was subsequently included on the list of countries described in paragraph (1)(C), may not thereafter be included on the special watch list described in subparagraph (A) for more than 1 consecutive year.''. SEC. 7. COST LIMITATION. No additional funds are authorized to be appropriated for ``Diplomatic and Consular Programs'' to carry out the provisions of this Act.", "summary": "Human Trafficking Prioritization Act This bill expresses the sense of Congress that the Office to Monitor and Combat Trafficking of the Department of State will be more effective in carrying out duties mandated by Congress in the Trafficking Victims Protection Act of 2000 and can do so without an increase in either personnel or budget, if: (1) the Office's status is changed to that of a Bureau within State; and (2) the Office is headed by an Assistant Secretary with direct access to the Secretary of State, rather than an Ambassador-at-Large. The bill amends the Trafficking Victims Protection Act of 2000 to change the status of the Office to Monitor and Combat Trafficking to that of the Bureau to Combat Trafficking in Persons. State must submit to Congress a report detailing: for each current Assistant Secretary of State position, the exact title and length of designation as Assistant Secretary and whether that designation was legislatively mandated or authorized and, if so, the relevant statutory citation; and whether State intends to designate one of the Assistant Secretary of State positions as the Assistant Secretary of State to Combat Trafficking in Persons and the reasons for that decision. The bill prohibits subsequent inclusion for more than one consecutive year on the special watch list of countries whose compliance with minimum standards for the elimination of human trafficking is full, partial, or insignificant of any country that: was included on the list for four consecutive years after enactment of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and was subsequently included on the exclusive Tier 3 list of countries not making significant efforts to bring themselves into compliance with such standards. No additional funds are authorized to be appropriated for diplomatic and consular programs to carry out this bill."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2004''. SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT. (a) In General.--Section 901 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230) is amended in the second sentence by striking ``twenty thousand acres generally depicted on the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical Park and Preserve' numbered 90,000B and dated April 1978,'' and inserting ``23,000 acres generally depicted on the map entitled `Boundary Map, Barataria Preserve Unit, Jean Lafitte National Historical Park and Preserve', numbered 467/80100, and dated August 2002,''. (b) Acquisition of Land.--Section 902 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230a) is amended-- (1) in subsection (a)-- (A) by striking ``(a) Within the'' and all that follows through the first sentence and inserting the following: ``(a) In General.-- ``(1) Barataria preserve unit.-- ``(A) In general.--The Secretary may acquire any land, water, and interests in land and water within the boundary of the Barataria Preserve Unit, as depicted on the map described in section 901, by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange. ``(B) Limitations.-- ``(i) In general.--With respect to the areas on the map identified as `Bayou aux Carpes Addition' and `CIT Tract Addition'-- ``(I) any Federal land acquired in the areas shall be transferred without consideration to the administrative jurisdiction of the National Park Service; and ``(II) any private land in the areas may be acquired by the Secretary only with the consent of the owner of the land. ``(ii) Easements.--Any Federal land in the area identified on the map as `CIT Tract Addition' that is transferred under clause (i)(I) shall be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army.''; (B) in the second sentence, by striking ``The Secretary may also'' and inserting the following: ``(2) French quarter.--The Secretary may''; (C) in the third sentence, by striking ``Lands, waters, and interests therein'' and inserting the following: ``(3) Acquisition of state land.--Land, water, and interests in land and water''; and (D) in the fourth sentence, by striking ``In acquiring'' and inserting the following: ``(4) Acquisition of oil and gas rights.-- In acquiring''; (2) by striking subsections (b) through (f) and inserting the following: ``(b) Resource Protection.--With respect to the land, water, and interests in land and water of the Barataria Preserve Unit, the Secretary shall preserve and protect-- ``(1) fresh water drainage patterns; ``(2) vegetative cover; ``(3) the integrity of ecological and biological systems; and ``(4) water and air quality.''; and (3) by redesignating subsection (g) as subsection (c). (c) Hunting, Fishing, and Trapping.--Section 905 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the first sentence by striking ``within the core area and on those lands acquired by the Secretary pursuant to section 902(c) of this title, he'' and inserting ``the Secretary''. (d) Administration.--Section 906 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230e) is amended-- (1) by striking the first sentence; and (2) in the second sentence, by striking ``Pending such establishment and thereafter the'' and inserting ``The''. SEC. 3. REFERENCES IN LAW. (a) In General.--Any reference in a law (including regulations), map, document, paper, or other record of the United States-- (1) to the Barataria Marsh Unit shall be considered to be a reference to the Barataria Preserve Unit; or (2) to the Jean Lafitte National Historical Park shall be considered to be a reference to the Jean Lafitte National Historical Park and Preserve. (b) Conforming Amendments.--Title IX of the National Parks and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended-- (1) by striking ``Barataria Marsh Unit'' each place it appears and inserting ``Barataria Preserve Unit''; and (2) by striking ``Jean Lafitte National Historical Park'' each place it appears and inserting ``Jean Lafitte National Historical Park and Preserve''. Passed the Senate September 15, 2004. Attest: EMILY J. REYNOLDS, Secretary.", "summary": "Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2004 - Amends the National Parks and Recreation Act of 1978 to: (1) adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in Louisiana by increasing the acreage limitation; and (2) authorize the Secretary of the Interior to acquire any such additional land, water, and interests in land and water by donation, purchase, transfer from any other Federal agency, or exchange. Requires, with respect to the Bayou aux Carpes Addition and the CIT Tract Addition, any federal land acquired in such Additions to be transferred without consideration to the administrative jurisdiction of the National Park Service. Permits the acquisition of any private land in those Additions only with the owner's consent. Subjects any Federal land in the CIT Tract Addition to any easements that have been agreed to by the Secretary and the Secretary of the Army. Modifies and/or eliminates certain provisions related to the acquisition of property within the Unit. Permits hunting, fishing, and trapping within the Unit. (Currently, excludes such activities within the core area of the Unit and on certain lands acquired by the Secretary within the Unit.) Continues to provide for the designation of zones where, and established periods when, no hunting, fishing, or trapping shall be permitted except for public safety reasons."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Assurance Act of 1994''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the number of single-parent households has increased significantly; (2) there is a high correlation between childhood poverty and growing up in a single-parent household; (3) family dissolution often brings the economic consequence of a lower standard of living for the custodian and children; (4) children are nearly twice as likely to be in poverty after a family dissolution as before a family dissolution; (5) one-fourth of the single mothers who are owed child support receive none and another one-fourth of such mothers receive only partial child support payments; (6) single mothers above and below the poverty line are equally likely to receive none of the child support they are owed; and (7) the failure of children to receive an adequate level of child support limits the ability of such children to thrive and to develop their potential and leads to long-term societal costs in terms of health care, welfare, and loss in labor force productivity. (b) Purpose.--It is the purpose of this Act to enable participating States to establish child support assurance systems in order to improve the economic circumstances of children who do not receive a minimum level of child support from the noncustodial parents of such children and to strengthen the establishment and enforcement of child support awards. The child support assurance approach is structured on a demonstration basis in order to implement and evaluate different options with respect to the provision of intensive support services and mechanisms for administering the program on a national basis. SEC. 3. ESTABLISHMENT OF CHILD SUPPORT ASSURANCE DEMONSTRATION PROJECTS. (a) In General.--In order to encourage States to provide a guaranteed minimum level of child support for every eligible child not receiving such support, the Secretary of Health and Human Services (hereafter in this section referred to as the ``Secretary'') shall make grants to not more than 6 States to conduct demonstration projects for the purpose of establishing or improving a system of assured minimum child support payments in accordance with this section. (b) Contents of Application.--An application for grants under this section shall be submitted by the Governor of a State and shall-- (1) contain a description of the proposed child support assurance project to be established, implemented, or improved using amounts provided under this section, including the level of the assured benefit to be provided, the specific activities to be undertaken, and the agencies that will be involved; (2) specify whether the project will be carried out throughout the State or in limited areas of the State; (3) estimate the number of children who will be eligible for assured minimum child support payments under the project, and the amounts to which they will be entitled on average as individuals and in the aggregate; (4) describe the child support guidelines and review procedures which are in use in the State and any expected modifications; (5) contain a commitment by the State to carry out the project during a period of not less than 3 and not more than 5 consecutive fiscal years beginning with fiscal year 1996; (6) contain assurances that the State-- (A) is currently at or above the national median paternity establishment rate (as defined in section 452(g)(2) of the Social Security Act), (B) will improve the performance of the agency designated by the State to carry out the requirements under part D of title IV of the Social Security Act by at least 4 percent each year in which the State operates a child support assurance project under this section in-- (i) the number of cases in which paternity is established when required; (ii) the number of cases in which child support orders are obtained; and (iii) the number of cases with child support orders in which collections are made; and (C) to the maximum extent possible under current law, will use Federal, State, and local job training assistance to assist individuals who have been determined to be unable to meet such individuals' child support obligations; (7) describe the extent to which multiple agencies, including those responsible for administering the Aid to Families With Dependent Children Program under part A of title IV of the Social Security Act and child support collection, enforcement, and payment under part D of such title, will be involved in the design and operation of the child support assurance project; and (8) contain such other information as the Secretary may require by regulation. (c) Use of Funds.--A State shall use amounts provided under a grant awarded under this section to carry out a child support assurance project designed to provide a minimum monthly child support benefit for each eligible child in the State to the extent that such minimum child support is not paid in a month by the noncustodial parent. (d) Requirements.--(1) A child support assurance project funded under this section shall provide that-- (A) any child (as defined in paragraph (2)) with a living noncustodial parent for whom a child support order has been sought (as defined in paragraph (3)) or obtained and any child who meets ``good cause'' criteria for not seeking or enforcing a support order is eligible for the assured child support benefit; (B) the assured child support benefit shall be paid promptly to the custodial parent at least once a month and shall be-- (i) an amount determined by the State which is-- (I) not less than $1,500 per year for the first child, $1,000 per year for the second child, and $500 per year for the third and each subsequent child, and (II) not more than $3,000 per year for the first child and $1,000 per year for the second and each subsequent child; (ii) offset and reduced to the extent that the custodial parent receives child support in a month from the noncustodial parent; (iii) indexed and adjusted for inflation; and (iv) in the case of a family of children with multiple noncustodial parents, calculated in the same manner as if all such children were full siblings, but any child support payment from a particular noncustodial parent shall only be applied against the assured child support benefit for the child or children of that particular noncustodial parent; (C) for purposes of determining the need of a child or relative and the level of assistance, one-half of the amount received as a child support payment shall be disregarded from income until the total amount of child support and Aid to Families With Dependent Children benefit received under part A of title IV of the Social Security Act equals the Federal poverty level for a family of comparable size; (D) in the event that the family as a whole becomes ineligible for Aid to Families With Dependent Children under part A of the Social Security Act due to consideration of assured child support benefits, the continuing eligibility of the caretaker for Aid to Families With Dependent Children under such title shall be calculated without consideration of the assured child support benefit; and (E) in order to participate in the child support assurance project, the child's caretaker shall apply for services of the State's child support enforcement program under part D of title IV of the Social Security Act. (2) For purposes of this section, the term ``child'' means an individual who is of such an age, disability, or educational status as to be eligible for child support as provided for by the law of the State in which such individual resides. (3) For purposes of this section, a child support order shall be deemed to have been ``sought'' where an individual has applied for services from the State agency designated by the State to carry out the requirements of part D of title IV of the Social Security Act or has sought a child support order through representation by private or public counsel or pro se. (e) Consideration and Priority of Applications.--(1) The Secretary shall consider all applications received from States desiring to conduct demonstration projects under this section and shall approve not more than 6 applications which appear likely to contribute significantly to the achievement of the purpose of this section. In selecting States to conduct demonstration projects under this section, the Secretary shall-- (A) ensure that the applications selected represent a diversity of minimum benefits distributed throughout the range specified in subsection (d)(1)(B)(i); (B) consider the geographic dispersion and variation in population of the applicants; (C) give priority to States the applications of which demonstrate-- (i) significant recent improvements in-- (I) establishing paternity and child support awards, (II) enforcement of child support awards, and (III) collection of child support payments; (ii) a record of effective automation; and (iii) that efforts will be made to link child support systems with other service delivery systems; (D) ensure that the proposed projects will be of a size sufficient to obtain a meaningful measure of the effects of child support assurance; (E) give priority, first, to States intending to operate a child support assurance project on a statewide basis, and, second, to States that are committed to phasing in an expansion of such project to the entire State, if interim evaluations suggest such expansion is warranted; and (F) ensure that, if feasible, the States selected use a variety of approaches for child support guidelines. (2) Of the States selected to participate in the demonstration projects conducted under this section, the Secretary shall require, if feasible-- (A) that at least 2 provide intensive integrated social services for low-income participants in the child support assurance project, for the purpose of assisting such participants in improving their employment, housing, health, and educational status; and (B) that at least 2 have adopted the Uniform Interstate Family Support Act. (f) Duration.--(1) During fiscal year 1995, the Secretary shall develop criteria, select the States to participate in the demonstration, and plan for the evaluation required under subsection (h). The demonstration projects conducted under this section shall commence on October 1, 1995, and shall be conducted for not less than 3 and not more than 5 consecutive fiscal years, except that the Secretary may terminate a project before the end of such period if the Secretary determines that the State conducting the project is not in substantial compliance with the terms of the application approved by the Secretary under this section. (g) Cost Savings Recovery.--The Secretary shall develop a methodology to identify any State cost savings realized in connection with the implementation of a child support assurance project conducted under this Act. Any such savings realized as a result of the implementation of a child support assurance project shall be utilized for child support enforcement improvements or expansions and improvements in the Aid to Families With Dependent Children Program conducted under part A of title IV of the Social Security Act within the participating State. (h) Evaluation and Report to Congress.--(1) The Secretary shall conduct an evaluation of the effectiveness of the demonstration projects funded under this section. The evaluation shall include an assessment of the effect of an assured benefit on-- (A) income from nongovernment sources and the number of hours worked; (B) the use and amount of government supports; (C) the ability to accumulate resources; (D) the well-being of the children, including educational attainment and school behavior; and (E) the State's rates of establishing paternity and support orders and of collecting support. (2) Three and 5 years after commencement of the demonstration projects, the Secretary shall submit an interim and final report based on the evaluation to the Committee on Finance and the Committee on Labor and Human Resources of the Senate, and the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives concerning the effectiveness of the child support assurance projects funded under this section. (i) State Reports.--The Secretary shall require each State that conducts a demonstration project under this section to annually report such information on the project's operation as the Secretary may require, except that all such information shall be reported according to a uniform format prescribed by the Secretary. (j) Restrictions on Matching and Use of Funds.--(1) A State conducting a demonstration project under this section shall be required-- (A) except as provided in paragraph (2), to provide not less than 20 percent of the total amounts expended in each calendar year of the project to pay the costs associated with the project funded under this section; (B) to maintain its level of expenditures for child support collection, enforcement, and payment at the same level, or at a higher level, than such expenditures were prior to such State's participation in a demonstration project provided by this section; and (C) to maintain the Aid to Families With Dependent Children benefits provided under part A of title IV of the Social Security Act at the same level, or at a higher level, as the level of such benefits on the date of the enactment of this Act. (2) A State participating in a demonstration project under this section may provide no less than 10 percent of the total amounts expended to pay the costs associated with the project funded under this section in years after the first year such project is conducted in a State if the State meets the improvements specified in subsection (b)(6)(B). (k) Coordination With Certain Means-Tested Programs.--For purposes of-- (1) the United States Housing Act of 1937; (2) title V of the Housing Act of 1949; (3) section 101 of the Housing and Urban Development Act of 1965; (4) sections 221(d)(3), 235, and 236 of the National Housing Act; (5) the Food Stamp Act of 1977; (6) title XIX of the Social Security Act; and (7) child care assistance provided through part A of title IV of the Social Security Act, the Child Care and Development Block Grant, or title XX of the Social Security Act, any payment made to an individual within the demonstration project area for child support up to the amount which an assured child support benefit would provide shall not be treated as income and shall not be taken into account in determining resources for the month of its receipt and the following month. (l) Treatment of Child Support Benefit.--Any assured child support benefit received by an individual under this Act shall be considered child support for purposes of the Internal Revenue Code of 1986. (m) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary in each of the fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 to carry out the purposes of this Act.", "summary": "Child Support Assurance Act of 1994 - Directs the Secretary of Health and Human Services to make grants to up to six States for demonstration programs to establish or improve a system of assured minimum child support payments. Requires the custodial parent to have, or be in the process of obtaining, a child support award, or the child to have good cause for the absence of such an award, to qualify for the program. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Owners Right to Repair Act of 2010''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Motor vehicle owners are entitled to choose which service provider will diagnose, service, maintain, or repair their motor vehicles. (2) Promoting competition in price and quality for the diagnosis of problems, service, maintenance, and repair of motor vehicles will benefit consumers. (3) Regular diagnosis, service, maintenance, and repair of motor vehicles, motor vehicle equipment, and motor vehicle systems, such as pollution control, transmission, antilock brakes, electronic and mechanical systems, heating, air- conditioning, and steering are essential to facilitating United States mobility, minimizing fuel consumption, protecting the environment, and enabling the highest possible levels of safety in modern motor vehicles. (4) Various kinds of computers have been integrated by manufacturers into motor vehicle equipment and motor vehicle systems. On-board computer technology controls virtually all of the motor vehicle's systems, and only service technicians with the necessary tools and information can access the computers to perform diagnosis, service, maintenance, and repair of the motor vehicle. (5) Manufacturers have provided their authorized dealers and service providers with the information, tools, codes, and replacement equipment necessary to diagnose problems and to service, maintain, and repair motor vehicles that incorporate computers in their motor vehicle systems. (6) Consumers in the United States have benefitted from the availability of a wide choice of service providers for their motor vehicles. The United States economy has also benefitted from the availability of a tools and parts supply aftermarket that provides jobs to more than 5,000,000 workers in approximately 495,000 businesses, and generates approximately $200,000,000,000 in annual sales. (7) New motor vehicles are being equipped with systems that permit such vehicles to transmit repair and diagnostic information wirelessly to the vehicle manufacturer and repair facilities. Car owners have the right to choose where and to whom information generated by their vehicle and vehicle computers is sent. (b) Purposes.--The purposes of this Act are-- (1) to protect the rights of motor vehicle owners to choose a service provider for the diagnosis, service, maintenance, and repair of their motor vehicles; (2) to promote competition in price and quality among service providers; and (3) to promote safety and fuel efficiency by allowing consumers to choose among competing service providers. SEC. 3. DEFINITIONS. In this Act: (1) Attorney general of a state.--The term ``attorney general of a State'' means the attorney general or other chief law enforcement officer of a State. (2) Commerce.--The term ``commerce'' has the meaning given that term in section 4 of the Federal Trade Commission Act (15 U.S.C. 44). (3) Consumer, motor vehicle owner.--The terms ``consumer'' and ``motor vehicle owner'' mean any person who owns, leases, or otherwise has the legal right to use and possess a motor vehicle, or the agent of such person. (4) Dealer, manufacturer, motor vehicle, motor vehicle equipment.--The terms ``dealer'', ``manufacturer'', ``motor vehicle'', and ``motor vehicle equipment'' have the meaning given those terms in section 30102(a) of title 49, United States Code. (5) Replacement equipment.--The term ``replacement equipment'' has the meaning given that term in section 30102(b)(1) of such title. (6) Service provider.--The term ``service provider'' means any person engaged in the diagnosis, service, maintenance, or repair of motor vehicles or motor vehicle engines. (7) Technical service bulletin.--The term ``technical service bulletin''-- (A) means a communication sent to a dealer about the diagnosis, service, maintenance or repair of a motor vehicle or item of motor vehicle equipment; and (B) includes all communications sent to the Secretary of Transportation under subsections (f) and (m)(3)(A)(ii) of section 30166 of title 49, United States Code. SEC. 4. REQUIREMENTS OF MOTOR VEHICLE MANUFACTURERS. (a) Duty To Disclose Information.-- (1) In general.--The manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States shall provide to the owner of the motor vehicle and the service provider of the motor vehicle, using reasonable business means and on a non-discriminatory basis, all information to diagnose, service, maintain, or repair the motor vehicle. (2) Elements.--The information required under paragraph (1) with respect to a motor vehicle shall include the following: (A) Information about all safety alerts, recalls, service bulletins, and the adjustments needed to maintain the efficiency, safety, and convenience of the vehicle. (B) All information of any kind provided directly, indirectly, or wirelessly to new car dealers or any repair facility to diagnose, service, maintain, repair, activate, certify, or install any motor vehicle equipment (including replacement parts and equipment) in the motor vehicle. (b) Duty To Make Tools Available.--The manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States shall-- (1) offer for sale to the owner of the motor vehicle and to all service providers on a reasonable and non-discriminatory basis, any tool for the diagnosis, service, maintenance, or repair of the motor vehicle; and (2) provide all information that enables aftermarket tool companies to manufacture tools with the same functional characteristics as those tools made available by the manufacturers to authorized dealers. (c) Replacement Equipment.--The manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States shall offer for sale to the owner of the motor vehicle and to all service providers on reasonable and non-discriminatory terms, all equipment for diagnosis, service, maintenance, or repair of the motor vehicle. (d) Protection of Trade Secrets.-- (1) In general.--Except as provided in paragraph (2), nothing in this section may be construed to require a manufacturer to disclose publicly information that, if made public, would divulge methods or processes entitled to protection as trade secrets. (2) Exception.--No information may be withheld by a manufacturer on the ground that it is a trade secret if that information is provided (directly or indirectly) to authorized dealers or service providers. SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) In General.--The Federal Trade Commission shall enforce the provisions of this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made part of this Act. (b) Unfair or Deceptive Acts or Practices.-- (1) Violation of a duty.--Any failure to comply with the provisions of section 4 shall be treated as an unfair method of competition and an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)). (2) Violation of a rule.--A violation of a rule prescribed under subsection (c) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (c) Rulemaking.-- (1) In general.--Except as provided in paragraph (2), the Federal Trade Commission may prescribe such rules as may be necessary to carry out the provisions of this Act. (2) Limitation.--The Federal Trade Commission may not prescribe rules under this subsection that-- (A) interfere with the authority of the Administrator of the Environmental Protection Agency under section 202(m) of the Clean Air Act (42 U.S.C. 7521(m)) with regard to motor vehicle emissions control diagnostics systems; or (B) conflict with rules prescribed by the Administrator of the Environmental Protection Agency. SEC. 6. ACTION BY STATES. (a) In General.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to a provision of section 4 or a rule prescribed under section 5(c) in a practice that violates such provision or rule, the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other court of competent jurisdiction-- (1) to enjoin that practice; (2) to enforce compliance with the provision or rule; (3) to obtain damages, restitution, or other compensation on behalf of residents of the State; or (4) to obtain such other relief as the court considers appropriate. (b) Rights of Federal Trade Commission.-- (1) Notice to federal trade commission.-- (A) In general.--Except as provided in subparagraph (C), the attorney general of a State shall notify the Federal Trade Commission in writing of any civil action under subsection (a), prior to initiating such civil action. (B) Contents.--The notice required by subparagraph (A) shall include a copy of the complaint to be filed to initiate such civil action. (C) Exception.--If it is not feasible for the attorney general of a State to provide the notice required by subparagraph (A), the State shall provide notice immediately upon instituting a civil action under subsection (a). (2) Intervention by federal trade commission.-- (A) In general.--Upon receiving notice required by paragraph (1) with respect to a civil action, the Federal Trade Commission may-- (i) intervene in such action; and (ii) upon intervening-- (I) be heard on all matters arising in such civil action; (II) remove the action to the appropriate district court of the United States; and (III) file petitions for appeal of a decision in such action. (B) Continued participation of states.--If the Federal Trade Commission removes an action to the appropriate district court of the United States under subparagraph (A)(ii)(III), the State shall remain a party to the action in such court. (c) Investigatory Powers.--Nothing in this section may be construed to prevent the attorney general of a State from exercising the powers conferred on such attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (d) Preemptive Action by Federal Trade Commission.--If the Federal Trade Commission institutes a civil action or an administrative action to enforce a violation of a rule prescribed under section 5(c), no State may, during the pendency of such action, bring a civil action under subsection (a) against any defendant named in the complaint of the Commission for violation of a rule prescribed under section 5(c) that is alleged in such complaint. (e) Actions by Other State Officials.-- (1) In general.--In addition to actions brought by an attorney general of a State under subsection (a), an action may be brought by officers of a State who are so authorized. (2) Savings provision.--Nothing contained in this section may be construed to prohibit an authorized official of a State from proceeding in a court of such State on the basis of an alleged violation of any civil or criminal statute of such State. SEC. 7. ACTION BY CONSUMERS AND SERVICE PROVIDERS. In any case in which a consumer or service provider has reason to believe that an interest of the consumer or service provider is threatened or adversely affected by the engagement of any person subject to a provision of section 4 or a rule prescribed under section 5(c) in a practice that violates such provision or rule, the consumer or service provider may bring a civil action in an appropriate district court of the United States or other court of competent jurisdiction-- (1) to enjoin the practice; (2) to enforce compliance with the provision or rule; (3) to obtain damages or restitution, including court costs and reasonable attorney and expert witness fees; or (4) to obtain such other relief as the court considers appropriate. SEC. 8. TECHNICAL SERVICE BULLETINS. The Federal Trade Commission shall cooperate with the Secretary of Transportation in preparing a technical service bulletin that the Secretary intends to publish on an Internet Web site of the Federal Government.", "summary": "Motor Vehicle Owners Right to Repair Act of 2010 - Requires the manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States to provide to the owner of the motor vehicle and the service provider of the motor vehicle, using reasonable business means and on a non-discriminatory basis, all information and tools needed to diagnose, service, maintain, or repair the motor vehicle. Provides for enforcement by the Federal Trade Commission (FTC). Permits civil actions by: (1) states on behalf of the state's residents; and (2) consumers and service providers. Provides for the protection of trade secrets, except that no information may be withheld by a manufacturer on the ground that it is a trade secret if that information is provided (directly or indirectly) to authorized dealers or service providers."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Collaborating for Economic Reintegration of Troops Act'' or the ``CERT Act''. (b) Findings.--Congress finds the following: (1) One of the greatest challenges facing transitioning members of the Armed Forces and their spouses is finding civilian employment. (2) Veterans report that employment is the top challenge upon separation or retirement from the Armed Forces, with as many as 80 percent of members leaving the Armed Forces without civilian employment in hand and one in four reporting being underemployed and earning below-poverty wages. (3) Military training correlates to approximately 962 civilian professions, yet even with their military education and experience, veterans must duplicate their training to meet various State specific certification guidelines. (4) Veteran transition can be aided by establishing a commission to examine licensing and certification challenges confronting members of the Armed Forces upon post-service entry into the civilian workforce. (5) This commission will identify where there are gaps between military training and civilian credentials' training requirements and can identify opportunities for military training to be reformed to address such gaps and for transition to be improved by increased recognition of military training as equivalent through a ``Blue Star certification''. (6) The Blue Star certification initiative would set sufficient standards for entry into certain licensed professions. States could adopt Blue Star certifications as equivalent to entry into certain licensed professions. The Armed Forces, in their training process, would ensure members reach Blue Star proficiency so that upon leaving service they could swiftly transition to civilian employment. (7) Operation Certification would allow for members of the Armed Forces to directly and immediately apply their training and experience to the private sector. States that adopt the Blue Star credential will attract and retain talented and civic minded veterans. Furthermore, this would modernize military training within Blue Star occupational specialties to ensure that members are well trained and prepared to meet any challenge upon separation. SEC. 2. COMMISSION ON VETERAN CERTIFICATION STANDARDS. (a) Establishment.--There is established an advisory commission to be known as the Commission on Veteran Certification Standards (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Number and appointment.--The Commission shall be composed of 16 members appointed as follows: (A) The Majority Leader of the Senate shall appoint one member. (B) The Minority Leader of the Senate shall appoint one member. (C) The Speaker of the House of Representatives shall appoint one member. (D) The Minority Leader of the House of Representatives shall appoint one member. (E) The Chairman of the Committee on Armed Services of the Senate shall appoint one member. (F) The Ranking Member of the Committee on Armed Services of the Senate shall appoint one member. (G) The Chairman of the Committee on Armed Services of the House of Representatives shall appoint one member. (H) The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint one member. (I) The Chairman of the Committee on Veterans' Affairs of the Senate shall appoint one member. (J) The Ranking Member of the Committee on Veterans' Affairs of the Senate shall appoint one member. (K) The Chairman of the Committee on Veterans' Affairs of the House of Representatives shall appoint one member. (L) The Ranking Member of the Committee on Veterans' Affairs of the House of Representatives shall appoint one member. (M) The Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate shall appoint one member. (N) The Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate shall appoint one member. (O) The Chairman of the Committee on Education and the Workforce of the House of Representatives shall appoint one member. (P) The Ranking Member of the Committee on Education and the Workforce of the House of Representatives shall appoint one member. (2) Deadline for appointment.--Members shall be appointed to the Commission under paragraph (1) not later than 45 days after the date of the enactment of this Act. (c) Chair and Vice Chair.--The Commission shall elect a Chair and Vice Chair from among its members. (d) Terms.--Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made. (e) Compensation for Members of the Commission.--Members of the Commission will not receive wages or compensation on account of their services on the Commission, but will be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (f) Use of Government Information.--The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (g) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (h) Personal Services.-- (1) Authority to procure.--The Commission may-- (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates.--The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 3. COMMISSION HEARINGS AND MEETINGS. (a) In General.--The Commission shall conduct hearings on the recommendations it is taking under consideration. Any such hearing, except a hearing in which classified information is to be considered, shall be open to the public. Any hearing open to the public shall be announced on a Federal website at least 14 days in advance. For all hearings open to the public, the Commission shall release an agenda and a listing of materials relevant to the topics to be discussed. The Commission is authorized and encouraged to hold hearings and meetings in various locations throughout the country to provide maximum opportunity for public comment and participation in the Commission's execution of its duties. (b) Meetings.-- (1) Initial meeting.--The Commission shall hold its initial meeting not later than 60 days after the date as of which all members have been appointed. (2) Subsequent meetings.--After its initial meeting, the Commission shall meet upon the call of the Chair or a majority of its members. (3) Public meetings.--Each meeting of the Commission shall be held in public unless any member objects or classified information is to be considered. (c) Quorum.--Nine members of the Commission shall constitute a quorum, but a lesser number may hold hearings or meetings. (d) Public Comments.--The Commission shall seek written comments from the general public and interested parties on matters of the Commission's review under this Act. Comments shall be requested through a solicitation in the Federal Register and announcement on the Internet website of the Commission. (e) Space for Use of Commission.--Not later than 90 days after the date of the enactment of this Act, the Administrator of General Services, in consultation with the Secretary, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 90-day period, the Commission may lease space to the extent the funds are available. (f) Contracting Authority.--The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. SEC. 4. COMMISSION DUTIES AND RECOMMENDATIONS. (a) Duties.--The Commission shall perform the following duties: (1) Examine the unique challenges that confront members of the Armed Forces and their spouses upon post-service entry into the civilian workforce. (2) Determine best practices and evaluate efforts that have been undertaken by the States and the executive branch, including the program required by section 2015 of title 10, United States Code, to assist members of the Armed Forces in obtaining professional credentials, to facilitate the transfer of skills and certifications from the military to civilian settings. (3) Identify industries and jobs that can most benefit from military experience and training and identify military specialties that can readily transfer to high-demand jobs. (4) Develop recommended Blue Star credentialing standards for select professions in order to simplify and streamline training and transition efforts for members of the Armed Forces and their spouses upon post-service entry into the civilian workforce. (5) Design an evaluation criteria that the Secretary of Defense and the Secretary of Veterans Affairs can use to evaluate the extent to which States and territories adopt and utilize the Blue Star credentialing standards. (b) Development of Commission Recommendations.--The Commission shall develop recommendations on the matters subject to its review under subsection (a). (c) Commission Report and Recommendations.-- (1) Report.--Not later than one year after the date on which the Commission is established, the Commission shall transmit to the President and Congress a report containing the findings and conclusions of the Commission, together with the recommendations of the Commission regarding the matters described in subsection (a). The Commission shall include in the report legislative language and recommendations for administrative action to implement the recommendations of the Commission. (2) Requirement for approval.--The recommendations of the Commission must be approved by a majority of the members of the Commission before the recommendations may be transmitted to the President and Congress under paragraph (1). (3) Public availability.--The Commission shall publish a copy of the report required by paragraph (1) on an Internet website available to the public on the same date on which it transmits that report to the President and Congress under that paragraph. SEC. 5. EXECUTIVE DIRECTOR AND STAFF. (a) Executive Director.--The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161 of title 5, United States Code. (b) Staff.--The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161 of title 5, United States Code. SEC. 6. TERMINATION OF COMMISSION. The Commission shall terminate 90 days after the date of the submission of the report under section 4.", "summary": "Collaborating for Economic Reintegration of Troops Act or the CERT Act This bill establishes the Commission on Veteran Certification Standards which shall: examine the challenges confronting members of the Armed Forces and their spouses upon post-service entry into the civilian workforce; determine best state practices and evaluate efforts to assist members of the Armed Forces in obtaining professional credentials to facilitate the transfer of military skills and certifications to civilian settings; identify industries and jobs that can most benefit from military experience; develop recommended Blue Star credentialing standards and design evaluation criteria that the Department of Defense and the Department of Veterans Affairs can use to evaluate state and territory utilization of such standards; and develop related administrative recommendations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Authorized Rural Water Projects Completion Act''. SEC. 2. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the Reclamation Rural Water Construction Fund established by section 3(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. RECLAMATION RURAL WATER CONSTRUCTION FUND. (a) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``Reclamation Rural Water Construction Fund'', consisting of-- (1) such amounts as are deposited in the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund under subsection (d). (b) Deposits to Fund.-- (1) In general.--For each of fiscal years 2013 through 2029, the Secretary of the Treasury shall deposit in the Fund $80,000,000 of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093). (2) Availability of amounts.--Amounts deposited in the Fund under paragraph (1) shall-- (A) be made available in accordance with this section, without further appropriation; and (B) be in addition to amounts appropriated for such purposes under any other provision of law. (3) Limitation.--Notwithstanding paragraphs (1) and (2), no amounts may be deposited in, or made available from, the Fund under those paragraphs if the transfer or availability of the amounts would increase the deficit. (c) Expenditures From Fund.-- (1) In general.-- (A) Expenditures.--Subject to subparagraph (B), for each of fiscal years 2013 through 2034, the Secretary may expend from the Fund not more than the sum of-- (i) $80,000,000; and (ii) the amount of interest accrued in the Fund for the fiscal year in which the expenditures are made. (B) Additional expenditures.--Notwithstanding subparagraph (A), the Secretary may expend more than $80,000,000 for any fiscal year listed in subparagraph (A) if such amounts are available in the Fund due to expenditures not reaching $80,000,000 in 1 or more prior fiscal years. (2) Use.-- (A) In general.--Subject to subparagraph (B), the Secretary may use amounts from the Fund to complete construction of rural water projects-- (i) authorized to be carried out by the Secretary on or before the date of enactment of this Act; or (ii) for which-- (I) pursuant to section 106(e) of Rural Water Supply Act of 2006 (43 U.S.C. 2405(e)), the Secretary has completed a feasibility report by September 30, 2012, that recommends the construction of a rural water project; and (II) an Act of Congress after the date of enactment of this Act has authorized the construction of the project. (B) Limitation.--The Secretary may not use amounts from the Fund to pay for any operation and maintenance costs of an authorized rural water project. (3) Conditions.--The Secretary shall not expend any amounts from the Fund until the date on which the Secretary develops-- (A) programmatic goals to carry out this section that-- (i) would enable the completion of construction of the authorized rural water projects as expeditiously as possible; and (ii) reflect-- (I) the goals and priorities identified in the laws authorizing the authorized rural water projects; and (II) the goals of the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.); and (B) funding prioritization criteria to serve as a formula for distributing funds under this section that take into account-- (i) an evaluation of the urgent and compelling need for potable water supplies in the affected rural and tribal communities; (ii) the status of the current stages of completion of the authorized rural water project; (iii) the financial needs of the affected rural and tribal communities; (iv) the potential economic benefits of the expenditures on job creation and general economic development in the affected rural and tribal communities; (v) the ability of the authorized rural water project to address regional and watershed level water supply needs; (vi) the ability of the authorized rural water project-- (I) to minimize water and energy consumption; and (II) to encourage the development of renewable energy resources, such as wind, solar, and hydropower elements; (vii) the need for the authorized rural water project to address-- (I) the needs of Indian tribes and members of Indian tribes; and (II) other community needs or interests; and (viii) such other factors as the Secretary determines to be appropriate to prioritize the use of available funds. (d) Investments of Amounts.-- (1) In general.--The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. (2) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund. (e) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (f) Termination.--On September 30, 2034-- (1) the Fund shall terminate; and (2) the unexpended and unobligated balance of the Fund shall be transferred to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093).", "summary": "Authorized Rural Water Projects Completion Act - Establishes in the Treasury a Reclamation Rural Water Construction Fund, into which the Secretary of the Treasury shall deposit for each of FY2013-FY2029 a specified amount of revenues that would otherwise be deposited in the reclamation fund established by the Reclamation Act of 1902. Authorizes the Secretary to use amounts from the Fund to complete construction of rural water projects: (1) that were authorized to be carried out on or before this Act's enactment, or (2) for which the Secretary completed a feasibility report by September 30, 2012, that recommends construction and for which an Act of Congress enacted after this Act's enactment has authorized construction. Prohibits the Secretary from using amounts from the Fund to pay for project operation and maintenance costs. Prohibits the Secretary from expending amounts from the Fund until the date on which the Secretary develops: (1) programmatic goals that would enable the completion of construction of the authorized rural water projects as expeditiously as possible and that reflect the goals and priorities identified in the laws authorizing the projects and the goals of the Reclamation Rural Water Supply Act; and (2) funding prioritization criteria that takes into account specified information, including an evaluation of the need for potable water supplies in the affected rural and tribal communities, the completion status of a project, and the financial needs of the affected communities. Terminates the Fund on September 30, 2034."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal-Utah State Trust Lands Consolidation Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The San Rafael Swell in Utah is a 900-square mile, wild and beautiful region west of the Green River. The San Rafael Swell is dominated by the jagged, uplifted San Rafael Reef, which has nearly two dozen major canyons and many side draws and box canyons. The San Rafael Swell towers above the desert like a wilderness castle, ringed by 1,000-foot ramparts of Navajo sandstone. Its highlands have been fractured by uplift and scooped hollow by erosion over countless millennia, leaving a tremendous basin punctuated by mesas, buttes, and canyons and traversed by sediment-laden desert streams. (2) The San Rafael Swell region was one of the country's last frontiers and possesses important natural, historical, and cultural resources, including exceptional backcountry recreation opportunities, productive habitat for Desert Bighorn Sheep, important historical sites, including sections of the Old Spanish Trail and the Outlaw Trail, significant paleontological resources, and multiple wilderness study areas created pursuant to section 603 of the Federal Lands Policy and Management Act of 1976, or otherwise identified by local government and conservation interests as having significant conservation values. The beautiful rural landscapes, historic and cultural landscapes, and spectacular scenic vistas of the San Rafael Swell region contain significant undeveloped recreational opportunities for people throughout the United States. (3) The State of Utah owns approximately 102,871 acres of land located in the San Rafael Swell region and administered by the Utah School and Institutional Trust Lands Administration. These lands were granted by the Congress to the State of Utah pursuant to the Utah Enabling Act of 1894 (chapter 138; 23 Stat. 107), to be held in trust for the benefit of the State's public school system and other public institutions. The lands are largely scattered in checkerboard fashion amidst the Federal lands comprising the remainder of the San Rafael Swell area. (4) Development of surface and mineral resources on State trust lands within the San Rafael Swell area, or the sale of such lands into private ownership, could be incompatible with management of such lands for nonimpairment of their wilderness characteristics pursuant to section 603(c) of the Federal Land Policy and Management Act of 1976, with future congressional designation of the lands as wilderness, or with future designation of such lands as a national monument, national heritage area, or other conservation designation. (5) The State of Utah also owns 3,533 acres of land within or directly adjacent to the Manti-La Sal National Forest in Grand and Emery Counties, Utah, and 6,411 acres of land within the Red Cliffs Desert Reserve, a conservation reserve established in 1995 by the United States and Washington County, Utah, to implement a multiple-species habitat conservation plan approved by the Fish and Wildlife Service under section 10(a) of the Endangered Species Act of 1973. The Reserve contains the highest density of critical habitat for the Mojave desert tortoise, a threatened species, in the United States. These State trust lands are also administered by the Utah School and Institutional Trust Lands Administration, but the use of such lands by the State is limited because of the conservation designations of surrounding Federal lands. (6) The United States owns lands and interests in lands elsewhere in Utah that can be transferred to the State of Utah in exchange for the San Rafael Swell inholdings, the Manti-La Sal forest lands, and the Red Cliffs Desert Reserve lands without jeopardizing Federal management objectives or needs. (7) The large presence of State trust land inholdings in the San Rafael Swell region, the Manti-La Sal National Forest, and the Red Cliffs Desert Reserve makes land and resource management in these areas difficult, costly, and controversial for both the State of Utah and the United States. (8) It is in the public interest to reach agreement on exchange of such inholdings, on terms fair to both the State of Utah and the United States. Such an agreement, subject to ratification by Congress and consent by the Utah legislature, would save much time and delay in meeting the legitimate expectations of the State school and institutional trusts, in simplifying management of Federal lands, and in avoiding the significant time and expense associated with administrative land exchanges. (9) The State of Utah and the United States have reached an agreement under which the State would exchange certain State trust lands within the San Rafael Swell region, the Manti-La Sal National Forest, and the Red Cliffs Desert Reserve for various Federal lands outside of those areas but in the same region of Utah. (10) The parties agreed at the outset of negotiations to avoid identifying Federal assets for conveyance to the State where any of the following was known to exist or likely to be an issue as a result of foreseeable future uses of the lands: (A) Wilderness study areas. (B) Areas proposed for wilderness designation in pending Federal legislation. (C) Significant endangered species habitat. (D) Significant archaeological resources. (E) Areas of critical environmental concern. (F) Other lands known to raise significant environmental concerns of any kind. (11) Because the State trust lands to be acquired by the Federal Government include properties within some of the most spectacular wild areas in the western United States, and because a mission of the Utah School and Institutional Trust Lands Administration is to produce economic benefits for Utah's public schools and other beneficiary institutions, the exchange of lands called for in this agreement will resolve longstanding environmental conflicts with respect to existing and proposed wilderness study areas, place important natural lands into public ownership, and further the interests of the State trust lands, the school children of Utah, and these conservation resources. (12) Under this agreement, the State interests to be conveyed to the United States by the State of Utah, and the Federal interests to be conveyed to the State of Utah by the United States, have been examined by licensed independent real estate consultants and, taken as a whole, have been found to be approximately equal in value. (b) Purpose.--The purpose of this Act is to enact into law and direct prompt implementation of this agreement, and thereby to further the public interest by consolidating State and Federal lands into manageable units while facilitating the protection of lands with significant scientific, cultural, and natural resources. SEC. 3. RATIFICATION OF THE AGREED EXCHANGE BETWEEN THE STATE OF UTAH AND THE UNITED STATES. (a) Agreement.--The State of Utah, the Department of the Interior, and the Department of Agriculture have agreed to exchange certain Federal lands in the State of Utah for lands of approximately equal value managed by the Utah School and Institutional Trust Lands Administration in the San Rafael Swell area of Utah, the Manti-La Sal National Forest, and the Red Cliffs Desert Reserve. (b) Ratification.--All terms, conditions, procedures, covenants, reservations, and other provisions set forth in the document entitled ``Agreement for Exchange of Lands 2002 Federal-Utah State Trust Lands Consolidation'', dated June ____, 2002 (in this Act referred to as ``the Agreement''), are hereby incorporated in this Act, are ratified and confirmed, and set forth the obligations of the United States, the State of Utah, and the Utah School and Institutional Trust Lands Administration, as a matter of Federal law. SEC. 4. CONVEYANCES. (a) Conveyances.--All conveyances under sections 2, 3, and 4 of the Agreement shall be completed not later than 70 days after enactment of this Act. (b) Maps and Legal Descriptions.-- (1) In general.--The maps and legal descriptions referred to in the Agreement depict the lands subject to the conveyances under the Agreement. (2) Public availability.--The maps and legal descriptions referred to in the Agreement shall be on file and available for public inspection in the offices of the Secretary of the Interior, the Secretary of Agriculture, the Intermountain Regional Office of the Forest Service, and the Utah State Director of the Bureau of Land Management. (3) Conflict.--In case of any conflict between the maps and the legal descriptions in the Agreement, the legal descriptions shall control. SEC. 5. MINERAL DEVELOPMENT. All payments received by the United States pursuant to section 13(c) of the Agreement shall be subject to sharing with the State of Utah in the same manner the United States shares bonus bids, rentals, and royalties with the State of Utah under section 35 of the Mineral Leasing Act (30 U.S.C. 191). SEC. 6. AUTHORIZATION. There are authorized to be appropriated such sums as are necessary to carry out this Act, including such sums as may be desired to reduce the balance of the interest and principal amounts owed by the United States to the Trust Lands Administration pursuant to sections 4 and 5 of the Agreement. SEC. 7. COSTS. The United States and the State of Utah shall each bear its own respective costs incurred in the implementation of this Act.", "summary": "Federal-Utah State Trust Lands Consolidation Act - Establishes that the State of Utah, the Department of the Interior, and the Department of Agriculture have agreed to exchange certain Federal lands in the State of Utah for certain Utah State lands. Ratifies, confirms, and incorporates all provisions set forth in the \"Agreement for Exchange of Lands 2002 Federal-Utah State Trust Lands Consolidation.\"Directs the Federal Government to share payments pursuant to the Agreement with the State of Utah as bonus bids, rental, and royalties are shared under the Mineral Leasing Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Nuclear Nonproliferation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Numerous bi-partisan commissions and study groups, including the Iraq Study Group co-chaired by James A. Baker III and Lee H. Hamilton, a 2004 working group established under the Council on Foreign Relations and co-chaired by Robert Gates and Zbigniew Brzezinski, and a 2001 Atlantic Council of the United States Working Group, co-chaired by Lee H. Hamilton, James Schlesinger, and Brent Scowcroft have called for various forms of dialogue and engagement with Iran in order to achieve United States strategic interests in the Middle East region. (2) Implementing effective strategies to deflect or deter Iran from acquiring nuclear weapons, or pursuing the development of nuclear weapons capabilities, is an important United States strategic interest. (3) Establishing a diplomatic dialogue with the Government of Iran and deepening relationships with the Iranian people would help foster greater understanding between the people of Iran and the people of the United States and would enhance the stability and security of the Persian Gulf region, including by reducing the threat of the proliferation or use of nuclear weapons in the region, while advancing other United States foreign policy objectives in that region. (4) The Iraq Study Group Report states ``Iran's interests would not be served by a failure of U.S. policy that led to chaos and the territorial disintegration of the Iraqi state'', and therefore, the Government of the United States should build upon this mutual interest to develop a diplomatic dialogue with the Government of Iran concerning deteriorating conditions in Iraq, which can become a basis of broader future United States- Iranian engagement. (5) Given the dispersal of Iran's nuclear program at sites throughout the country and their proximity to urban centers, the use of military force against Iran would be extraordinarily difficult and probably ineffective, the immediate consequences and loss of life would be drastic, and the long-term instability generated would be against long-term United States interests in the region. (6) Any military action designed to eliminate Iran's capacity to produce nuclear weapons would run the significant risk of reinforcing and accelerating the desire of the Government of Iran to acquire a nuclear deterrent and compounding nationalist passions in defense of that very course, and would most likely also generate hostile Iranian initiatives in Iraq and Afghanistan. (7) Together, the ongoing efforts of the International Atomic Energy Agency (IAEA) along with corresponding multilateral sanctions recently adopted by the United Nations Security Council offer a viable path for steering Iran's nuclear efforts along peaceful lines, provided that there is close multilateral coordination and steadfastness in the adherence to the sanctions and firm United States leadership in support of the multilateral effort. (8) According to the most definitive United States intelligence reports, Iran is likely a decade away from acquiring the know-how and material to have an option to build a nuclear weapon, and even the most pessimistic analysis by outside experts puts the timeline at least three years away, assuming Iran suffers no setbacks during development, which would be unprecedented. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) full diplomatic, political, and economic relations between the United States and Iran cannot be normalized unless and until enforceable safeguards are put in place to prevent weaponization of Iran's nuclear program and the Government of Iran ends its support for international terrorist groups, but the attainment of these policy objectives should not constitute preconditions for any diplomatic dialogue; and (2) no congressional authorization for the use of military force in any Act of Congress enacted before the date of the enactment of this Act constitutes, either implicitly or explicitly, an authorization for the use of military force against Iran or its nuclear program. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States not to enter into a preemptive war against Iran in the absence of an imminent threat, and then only in accordance with international law and constitutional and statutory requirements for congressional authorization. SEC. 5. LIMITATION ON USE OF FUNDS. No funds appropriated or otherwise made available to the Department of Defense or any other department or agency of the Government of the United States may be used to carry out any covert action for the purpose of causing regime change in Iran or to carry out any military action against Iran in the absence of an imminent threat, in accordance with international law and constitutional and statutory requirements for congressional authorization.", "summary": "Iran Nuclear Nonproliferation Act - Expresses the sense of Congress that: (1) full diplomatic, political, and economic relations between the United States and Iran cannot be normalized unless enforceable safeguards are put in place to prevent weaponization of Iran's nuclear program and the government of Iran ends its support for international terrorist groups, but the attainment of these objectives should not constitute preconditions for any diplomatic dialogue; and (2) no congressional authorization for the use of military force in any Act enacted before the date of enactment of this Act constitutes an authorization for the use of military force against Iran or its nuclear program. States as the policy of the United States not to enter into a preemptive war against Iran in the absence of an immediate threat, and then only in accordance with international law and constitutional and statutory requirements for congressional authorization. Prohibits funds available to the Department of Defense (DOD) or any other federal department or agency from being used to carry out any covert action for the purpose of causing regime change in Iran or to carry out any military action against Iran in the absence of an imminent threat."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Radiation Experimentation Compensation Act of 1994''. SEC. 2. FINDINGS, PURPOSE, AND APOLOGY. (a) Findings.--The Congress finds that-- (1) since the 1940's, the Federal Government has intentionally conducted secret radiation experiments in the United States without the informed consent or knowledge of the individuals on whom the experiments were performed; (2) such radiation experiments included, but were not limited to, experiments involving injections of plutonium, ingestion of irradiated food, exposure to atmospheric radiation, and the prescription of radioactive medication to pregnant women; (3) the Federal Government performed such experiments not in order to achieve medical or health benefits for the individuals used in the tests, but for research purposes, to allow Federal Government scientists and health specialists to study the effects of radiation on the human body; (4) at the time of such experiments and in the years following the experiments, the Federal Government failed to inform the individuals tested, or their families, about the nature and effects of the tests; (5) the Federal Government has harmed the subjects of such radiation experiments; (6) the Congress presumes that the exposure to radiation of the subjects of such experiments has generated an excess of cancers and other debilitating diseases and health problems for such subjects; (7) the Federal Government should recognize that the lives and health of the innocent individuals who were the subjects of such experiments were put at risk by the individuals' unknowing and involuntary participation in radiation experiments; and (8) the Federal Government should assume responsibility for the harm caused by its actions regarding the experiments. (b) Purpose.--It is the purpose of this Act to establish a procedure to make partial restitution to the individuals described in subsection (a) for the burdens they have borne for the Nation as a whole, although monetary compensation can never fully compensate them. (c) Apology.--The Congress apologizes on behalf of the Nation to the individuals described in subsection (a) and their families for the hardships they have endured because of the experiments described in subsection (a). SEC. 3. TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Radiation Experimentation Compensation Trust Fund'' (in this Act referred to as the ``Fund''), which shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the Fund. (c) Availability of Fund.--Amounts in the Fund shall be available only for disbursement by the Attorney General under section 5. (d) Termination.-- (1) Time of termination.--The Fund shall terminate not later than the earlier of-- (A) the date on which the amount authorized to be appropriated to the Fund by subsection (e), and any income earned on such amount, have been expended from the Fund; or (B) 22 years after the date of the enactment of this Act. (2) Amounts remaining in fund.--At the end of the 22-year period referred to in paragraph (1)(B), if all of the amounts in the Fund have not been expended, investments of amounts in the Fund shall be liquidated, the receipts of such liquidation shall be deposited in the Fund, and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Fund $100,000,000. Any amount appropriated pursuant to this subsection is authorized to remain available until expended. SEC. 4. CLAIMS ELIGIBLE FOR PAYMENT. (a) In General.--Any individual who, without the individual's informed consent, was intentionally exposed to radiation as a subject in an experiment of the Federal Government at any time during the period beginning on January 1, 1940, and ending on December 31, 1974, shall receive $50,000 if-- (1) a claim for such payment is filed with the Attorney General by or on behalf of such individual; and (2) the Attorney General determines, in accordance with section 5(b), that the claim meets the requirements of this Act. (b) Definitions.--For purposes of this section: (1) The term ``experiment'' means a test or other action that is conducted primarily for research purposes to determine the effect of exposure to radiation on the human body. (2) The term ``exposed to radiation'' means caused to come into contact with any radioactive substance or material by means including, but not limited to, injection, ingestion, inhalation, or prescription of, or skin exposure to, any radioactive substance or material. (3) The term ``Federal Government'' means-- (A) the legislative, judicial, or executive branch of the government of the United States, or any agency or instrumentality of such a branch; (B) any person or entity whose actions regarding an experiment under which humans were exposed to radiation were funded in any manner, approved, authorized, supervised, or contracted for, by an entity referred to in subparagraph (A); or (C) any person or entity that was funded in any manner, approved, authorized, supervised, or contracted with, wholly or partially, by an entity referred to in subparagraph (A) during a time period in which an entity referred to in subparagraph (A) had knowledge that such person or entity was conducting any experiment under which humans were exposed to radiation. (4) The term ``informed consent'' means consent by an individual (or the individual's parent or legal guardian, in the case of an individual who was a minor or was incompetent at the relevant time), to the individual's participation in an experiment, after a full disclosure of the nature and purpose of the experiment and its possible consequences that was sufficient to allow the individual (or the individual's parent or legal guardian, in the case of an individual who was a minor or was incompetent at the relevant time) to intelligently exercise judgment to decide whether the individual should participate in the experiment. SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS. (a) Establishment of Filing Procedures.--The Attorney General shall establish procedures under which individuals may submit claims for payments under this Act. (b) Determination of Claims.--For each claim filed under this Act, the Attorney General shall determine whether the claim meets the requirements of section 4(a). (c) Payment of Claims.-- (1) In general.--The Attorney General shall pay, from amounts available in the Fund, each claim that the Attorney General determines meets the requirements of this Act. (2) Offset of payment.-- (A) Offset of payment made under this Act.--A payment under this Act to or on behalf of an individual described in section 4(a) shall be offset by the amount of any payment made to or on behalf of the individual pursuant to a final award or settlement on a claim (other than a claim for worker's compensation) against any person, that is based on the individual's participation in an experiment that is the basis for the payment under this Act, including any payment under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note). (B) Offset of payment made under radiation exposure compensation act.--For purposes of section 6(c)(2) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note), a payment made under this Act shall be considered to be a final award or settlement on a claim described in subparagraphs (A) and (B) of such section. (3) Right of subrogation.--Upon payment of a claim under this section, the Federal Government is subrogated, for the amount of the payment, to a right or claim that the individual to whom the payment was made may have against any person on account of participation in an experiment that is the basis for the payment made under this Act. (4) Payments in case of deceased persons.-- (A) In general.--In the case of an individual who is deceased at the time of payment under this section, such payment may be made only as follows: (i) If the individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (ii) If the individual is not survived by a spouse described in clause (i), such payment shall be made in equal shares to the children of the individual who are living at the time of payment. (iii) If the individual is not survived by a person described in clause (i) or (ii), such payment shall be made in equal shares to the parents of the individual who are living at the time of payment. (iv) If the individual is not survived by a person described in any of clauses (i) through (iii), such payment shall be made in equal shares to the grandchildren of the individual who are living at the time of payment. (v) If the individual is not survived by a person described in any of clauses (i) through (iv), such payment shall be made in equal shares to the siblings of the individual who are living at the time of payment. (vi) If the individual is not survived by a person described in any of clauses (i) through (v), then such payment shall be made in equal shares to the grandparents of the individual who are living at the time of payment. (B) Filing of claim by survivor.--If an individual eligible for payment under this Act dies before filing a claim under this Act, a survivor of the individual who may receive payment under subparagraph (A) may file a claim for such payment on the individual's behalf. (C) Definitions.--For purposes of this paragraph: (i) The term ``child'' includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child. (ii) The term ``grandchild of the individual'' means a child of a child of the individual. (iii) The term ``grandparent of the individual'' means a parent of a parent of the individual. (iv) The term ``parent'' includes fathers and mothers through adoption. (v) The term ``sibling of the individual'' means a child of the parent or parents of the individual. (vi) The term ``spouse'' means a person who was married to the relevant individual for at least the 12 months immediately preceding the death of the individual. (d) Action on Claims.--Within 18 months after the filing of any claim under this Act-- (1) the Attorney General shall make the determination required by subsection (b) regarding the claim; and (2) if the claim is determined to meet the requirements of section 4(a), the Attorney General shall make the payment required by subsection (c)(1). (e) Settlement in Full of Claims Against United States.--Payment under this Act, when accepted by an individual, or the individual's survivors, shall be in full satisfaction of all claims of or on behalf of the individual against the United States that arise out of the participation in the experiment that is the basis for the payment made under this Act. (f) Administrative Costs Not Deducted From Payment.--No costs incurred by the Attorney General in carrying out this Act may be paid from, set off against, or otherwise deducted from any payment made under subsection (c)(1). (g) Termination of Duties of Attorney General.--The duties of the Attorney General under this section shall cease when the Fund terminates. (h) Treatment of Payments Under Other Laws.--A payment under subsection (c)(1) to an individual-- (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be considered as income or resources for purposes of determining the individual's eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits. (i) Use of Existing Resources.--The Attorney General should, to the extent available, use funds and resources available to the Attorney General to carry out the Attorney General's functions under this Act. (j) Regulatory Authority.--The Attorney General may issue regulations necessary to carry out this Act. (k) Issuance of Regulations and Procedures.--The initial regulations and procedures to carry out this Act shall be issued not later than 120 days after the date of the enactment of this Act. (l) Judicial Review.--An individual whose claim for compensation under this Act is denied may seek initial judicial review solely in a district court of the United States. The court shall review the denial on the administrative record and shall hold unlawful and set aside the denial if it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Such an individual may appeal the decision of the district court to the appropriate higher Federal courts. SEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE. No claim under this Act shall be assignable or transferable. SEC. 7. LIMITATION ON CLAIMS. An individual, or the individual's survivors, may not receive payment under section 5(c)(1) unless a claim by or on behalf of the individual is filed under this Act within 20 years after the date of the enactment of this Act. SEC. 8. ATTORNEY OR AGENT FEES. The agent, attorney, or other representative of an individual or of an individual's survivor may not receive, for services rendered in connection with a claim made under this Act, an amount equal to more than 10 percent of the payment made under this Act on such claim. Any person who violates this section shall be guilty of an infraction and shall be subject to a fine in the amount provided in title 18, United States Code. SEC. 9. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. A payment made under section 5(c)(1) shall not be considered a form of compensation, or reimbursement for a loss, for purposes of imposing liability on the individual who receives the payment to repay any insurance carrier for insurance payments, or to repay any person on account of worker's compensation payments. A payment under this Act shall not affect any claim against an insurance carrier with respect to insurance, or against any person with respect to worker's compensation. SEC. 10. BUDGET COMPLIANCE. No authority under this Act to enter into contracts or to make payments shall be effective in any fiscal year except to such extent or in such amounts as are provided in advance in appropriations Acts.", "summary": "Radiation Experimentation Compensation Act of 1994 - Apologizes on behalf of the Nation to the individuals who were the subjects of radiation experiments conducted by the Federal Government, as well as to their families for the hardships they have endured as a result. Establishes in the Treasury the Radiation Experimentation Compensation Trust Fund for compensating the subjects of experiments conducted between January 1, 1940, and December 31, 1974, during which the subjects were intentionally exposed to radiation without their informed consent. Authorizes appropriations. Directs the Attorney General to establish procedures for the submission of claims and pay from amounts in the Fund each claim meeting the requirements of this Act. Provides for payments in cases of deceased experimental subjects. States that payments under this Act which are accepted by a subject or the subject's survivors shall be in full satisfaction of all claims of or on behalf of the subject against the United States arising out of the subject's participation in the experiment. Provides for judicial review. Establishes a time limit for filing claims of 20 years after enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Opportunity for Residential Representation Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) eviction prevention programs provide important and effective social and economic benefits; (2) such programs help protect low-income and at-risk households from the trauma and disruption of homelessness and save property owners from the high costs of forced eviction and re-occupancy; and (3) investing more resources in eviction prevention helps communities save on the high cost of homelessness by stopping homelessness before it starts--for example, according to 2015 data, the Massachusetts Housing and Shelter Alliance estimates that a homeless individual residing in Massachusetts creates an additional cost burden for State-supported services (such as shelters, emergency room visits, and incarceration) that is $9,372 greater per year than for a housed individual. SEC. 3. PILOT PROGRAM FOR LEGAL ASSISTANCE FOR HOUSING ISSUES FOR LOW- INCOME FAMILIES. (a) Authority.--The Secretary of Housing and Urban Development (in this section referred to as the ``Secretary'') shall carry out a program under this section, through the Office of Community Planning and Development, to make grants to the extent amounts for such grants are made available pursuant to subsection (f) to eligible organizations under subsection (d) to provide legal services and other related supportive services under subsection (e) on behalf of eligible low- income families under subsection (c). (b) Selection of Grantees.--The Secretary shall select eligible organizations under subsection (d) to receive grants under this section taking into consideration factors, including-- (1) factors necessary to ensure an equitable distribution of grants to grantees serving urban areas (as such term is defined by the Secretary) and to grantees serving rural areas (as such term is defined by the Secretary), except that the Secretary shall ensure that, of any amounts made available for any fiscal year for grants under this section, not less than 20 percent shall be used for grantees serving rural areas; (2) the number of rental units in the area served by the grantee that are affordable to low-income households having incomes at or below 80 percent of the area median income and paying more than 30 percent of their incomes for rent; (3) the extent to which the population of the area served by the grantee uses eviction or other housing-related legal services or has a need for such services; (4) the extent to which tenants in the area served by the grantee are evicted; (5) the number of rental units in the area served by the grantee that are affordable to households having incomes at or below 80 percent of the area median income; (6) the extent of poverty in the area served by the grantee; (7) the number of renter households in the area served by the grantee that-- (A) have incomes at or below 80 percent of the area median income; (B) are not provided rental assistance, such as rental assistance under section 8 of the United States Housing Act of 1937 or occupancy in a dwelling unit in public housing; or (C) live in severely inadequate housing, as measured using the American Housing Survey definition of housing having severe physical problems; and (8) any other factors that the Secretary considers appropriate for purposes of this section, except that the Secretary may not consider data from a point-in-time count of the homeless (as defined in section 103(a) of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11302(a))). (c) Eligible Low-Income Families.--Amounts from a grant under this section may be used only to provide eligible services under subsection (e) with respect to families (including individuals and including victims of domestic violence) who-- (1) reside in a rental dwelling unit; and (2) have an income (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))) that does not exceed 80 percent of the median income for the area in which the family resides. (d) Eligible Organizations.--Grants under this section may be made only to-- (1) a nonprofit organization that provides legal services on behalf of persons or families whose eligibility for such services includes a limitation on income, including any organizations that receive funding from the Legal Services Corporation (established under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.)) to provide such services on behalf of such persons or families; (2) legal clinics sponsored by law schools or other organizations; and (3) such other institutions, organizations, and entities as the Secretary considers appropriate. (e) Eligible Services.--Amounts from a grant under this section may be used only to provide, on behalf of eligible low-income families under subsection (c), legal services and other related supportive services in connection with-- (1) an eviction of such a family; (2) the prevention of an eviction of such a family; (3) a dispute between the landlord and a tenant who is a member of such a family; or (4) enforcing the legal rights of such a family under Federal, State, or local laws regarding tenancy or fair housing. (f) Use of Mortgage Interest Deduction Savings for Grants.-- (1) Determination of savings.--For each of fiscal years 2018 through 2022, the Secretary of the Treasury shall determine the amount of revenues accruing to the general fund of the Treasury by reason of the enactment of the amendment made by section 4 of this Act. (2) Authorization of appropriations.--There is authorized to be appropriated for grants under this section for each of fiscal years 2018 through 2022 the amount determined under paragraph (1) for such fiscal year. SEC. 4. REDUCTION IN LIMITATION ON MORTGAGE INTEREST DEDUCTION RELATING TO ACQUISITION INDEBTEDNESS FOR CERTAIN TAXPAYERS. (a) Acquisition Indebtedness.--Clause (ii) of section 163(h)(3)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(ii) Limitation.--The aggregate amount treated as acquisition indebtedness for any period shall not exceed-- ``(I) $1,000,000 in the case of a joint return ($500,000 in the case of a married individual filing a separate return), and ``(II) the applicable amount in any other case. ``(iii) Applicable amount.--For purposes of clause (ii)(II), the applicable amount is as follows: ------------------------------------------------------------------------ The applicable ``For taxable years-- amount is-- ------------------------------------------------------------------------ Beginning in calendar year 2018......................... $900,000 Beginning in calendar year 2019......................... $800,000 Beginning in calendar year 2020......................... $700,000 Beginning in calendar year 2021......................... $600,000 Beginning in or after calendar year 2022................ $500,000.''. ------------------------------------------------------------------------ (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts paid or incurred after December 31, 2017.", "summary": "Equal Opportunity for Residential Representation Act This bill requires the Department of Housing and Urban Development's (HUD's) Office of Community Planning and Development to carry out a program to make grants to organizations to provide legal services and other related supportive services on behalf of low-income families (including individuals and victims of domestic violence) who reside in a rental dwelling unit and have an income that does not exceed 80% of the median income for the area in which the family resides. The following organizations may receive such grants: nonprofit organizations that provide legal services to persons or families of limited income, including organizations that receive funding from the Legal Services Corporation; legal clinics sponsored by law schools or other organizations; and such other entities as HUD considers appropriate. These grants may be used only to provide legal services and other related supportive services in connection with: (1) an eviction of such a family, (2) the prevention of such eviction, (3) a dispute between the landlord and a tenant who is a family member, or (4) enforcing the family's legal rights regarding tenancy or fair housing. Funds for such program shall be derived from revenues resulting from amendments by this bill to the Internal Revenue Code to reduce the limitation on the mortgage interest deduction for the acquisition indebtedness of certain taxpayers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fraud and Abuse Control Act of 1995''. SEC. 2. ESTABLISHMENT OF MEDICARE FRAUD AND ABUSE CONTROL PROGRAM. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a program to improve the prevention, detection, and control of fraud and abuse under the medicare program. (b) Award of Portion of Amounts Collected to Individuals Providing Information.--Under the program established pursuant to subsection (a), the Secretary shall pay a portion of any civil monetary penalty assessed under the medicare program to any individual or entity who provided information which served as the basis for the assessment of the penalty, under the same terms and conditions applicable to awards to qui tam plaintiffs under chapter 37 of title 31, United States Code. SEC. 3. PROVIDING INFORMATION ON REPORTING FRAUD AND ABUSE WITH MEDICARE CLAIMS AND BENEFIT FORMS. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``solicitation of information on fraud and abuse ``Sec. 1893. With each explanation of benefits provided to an individual to whom items or services are furnished under this title and with each notice of payment provided to an individual or entity furnishing an item or service for which payment is made under this title, the Secretary shall include a statement soliciting any information the individual or entity may possess on any fraud and abuse committed against the program under this title, together with a toll- free telephone number through which the individual or entity may report such information.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items and services furnished and payments made under title XVIII of the Social Security Act on or after January 1, 1996. SEC. 4. INCREASE IN AMOUNT OF PENALTIES. (a) In General.-- (1) General civil monetary penalties.--Section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) is amended-- (A) in subsection (a)-- (i) by striking ``$2,000'' and inserting ``$4,000'', and (ii) by striking ``$15,000'' and inserting ``$30,000''; and (B) in subsection (b), by striking ``$2,000'' each place it appears and inserting ``$4,000''. (2) Criminal penalties.--Section 1128B of such Act (42 U.S.C. 1320a-7b) is amended-- (A) in subsection (a)-- (i) by striking ``$25,000'' and inserting ``$50,000'', and (ii) by striking ``$10,000'' and inserting ``$20,000''; (B) in subsections (b), (c), and (d), by striking ``$25,000'' each place it appears and inserting ``$50,000''; and (C) in subsection (e), by striking ``$2,000'' and inserting ``$4,000''. (3) Standards for nursing facilities.-- (A) Providing advance notice of survey to nursing facility.--Section 1819(g)(2)(A)(i) of such Act (42 U.S.C. 1395i@3(g)(2)(A)(i)) is amended by striking ``$2,000'' and inserting ``$4,000''. (B) Noncompliance with nursing facility standards.--Section 1819(h)(2)(B)(ii) of such Act (42 U.S.C. 1395i@3(h)(2)(B)(ii)) is amended by striking ``$10,000'' and inserting ``$20,000''. (4) Failure to provide information on referring physician on unassigned claims.--Section 1833(q)(2)(B)(i) of such Act (42 U.S.C. 1395l(q)(2)(B)(i)) is amended by striking ``$2,000'' and inserting ``$4,000''. (5) Distribution by suppliers of medical equipment of medical necessity forms.--Section 1834(j)(2)(A)(iii) of such Act (42 U.S.C. 1395m(j)(2)(A)(iii)), as added by section 131(a)(1) of the Social Security Act Amendments of 1994, is amended by striking ``$1,000'' and inserting ``$2,000''. (6) Failure to include diagnosis code on unassigned claims.--Section 1842(p)(3)(A) of such Act (42 U.S.C. 1395u(p)(3)(A)) is amended by striking ``$2,000'' and inserting ``$4,000''. (7) Intermediate sanctions for providers or suppliers of clinical diagnostic laboratory tests.--Section 1846(b)(2)(A)(ii) of such Act (42 U.S.C. 1395w@2(b)(2)(A)(ii)) is amended by striking ``$10,000'' and inserting ``$20,000''. (8) Medicare secondary payer.-- (A) Offering financial incentives for beneficiaries not to enroll in primary plans.--The second sentence of section 1862(b)(3)(C) of such Act (42 U.S.C. 1395y(b)(3)(C)) is amended by striking ``$5,000'' and inserting ``$10,000''. (B) Failure of employer to provide matching information on secondary payer situations.--The second sentence of section 1862(b)(5)(C)(ii) of such Act (42 U.S.C. 1395y(b)(5)(C)(ii)) is amended by striking ``$1,000'' and inserting ``$2,000''. (C) Failure of provider to provide information on availability of other payers.--Section 1862(b)(6)(B) of such Act (42 U.S.C. 1395y(b)(6)(B)), as added by section 151(a)(2)(A) of the Social Security Act Amendments of 1994, is amended by striking ``$2,000'' and inserting ``$4,000''. (9) Improper billing by hospitals.--Section 1866(g) of such Act (42 U.S.C. 1395cc(g)) is amended by striking ``$2,000'' and inserting ``$4,000''. (10) Violation of anti-dumping restrictions.--Section 1867(d)(1) of such Act (42 U.S.C. 1395dd(d)(1)) is amended-- (A) by striking ``$50,000'' each place it appears and inserting ``$100,000''; and (B) in subparagraph (A), by striking ``$25,000'' and inserting ``$50,000''. (11) Sanctions against health maintenance organizations.-- Section 1876(i)(6)(B)(i) of such Act (42 U.S.C. 1395mm(i)(6)(B)(i)) is amended-- (A) by striking ``$25,000'' and inserting ``$50,000''; (B) by striking ``$100,000'' and inserting ``$200,000''; and (C) by striking ``$15,000'' and inserting ``$30,000''. (12) Referrals by physicians with ownership or investment interests.-- (A) Improper claims.--Section 1877(g)(3) of such Act (42 U.S.C. 1395nn(g)(3)) is amended by striking ``$15,000'' and inserting ``$30,000''. (B) Circumvention schemes.--Section 1877(g)(4) of such Act (42 U.S.C. 1395nn(g)(4)) is amended by striking ``$100,000'' and inserting ``$200,000''. (C) Failure to report information.--Section 1877(g)(5) of such Act (42 U.S.C. 1395nn(g)(5)) is amended by striking ``$10,000'' and inserting ``$20,000''. (13) Medicare supplemental policies.-- (A) Issuance of policies where no standards in effect.--The second sentence of section 1882(a)(2) of such Act (42 U.S.C. 1395ss(a)(2)) is amended by striking ``$25,000'' and inserting ``$50,000''. (B) Misrepresentations of policies.--Section 1882(d) of such Act (42 U.S.C. 1395ss(d)) is amended-- (i) in paragraphs (1), (2), and (4)(A), by striking ``$5,000'' and inserting ``$10,000''; and (ii) in paragraphs (3)(A) and (3)(B)(iv), by striking ``$25,000 (or $15,000'' and inserting ``$50,000 (or $30,000''. (C) Violation of benefits standards.--Section 1882(p) of such Act (42 U.S.C. 1395ss(p)) is amended by striking ``$25,000 (or $15,000'' each place it appears in paragraphs (8) and (9)(C) and inserting ``$50,000 (or $30,000''. (D) Violation of guaranteed renewability standards.--Section 1882(q)(5)(C) of such Act (42 U.S.C. 1395ss(q)(5)(C)) is amended by striking ``$25,000'' and inserting ``$50,000''. (E) Violation of loss ratio standards.--Section 1882(r)(6)(A) of such Act (42 U.S.C. 1395ss(r)(6)(A)) is amended by striking ``$25,000'' and inserting ``$50,000''. (F) Violation of pre-existing condition standards.--Section 1882(s)(3) of such Act (42 U.S.C. 1395ss(s)(3)) is amended by striking ``$5,000'' and inserting ``$10,000''. (G) Medicare select policies.--Section 1882(t)(2) of such Act (42 U.S.C. 1395ss(t)(2)) is amended by striking ``$25,000'' and inserting ``$50,000''. (14) Violation of home health participation standards.-- Section 1891 of such Act (42 U.S.C. 1395bbb) is amended-- (A) in subsection (a)(3)(D)(iii)(III), by striking ``$5,000'' and inserting ``$10,000''; (B) in subsection (c)(1), by striking ``$2,000'' and inserting ``$4,000'' ; and (C) in subsection (f)(2)(A)(i), by striking ``$10,000'' and inserting ``$20,000''. (b) Effective Date.--The amendments made by subsection (a) shall apply to civil monetary penalties imposed with respect to acts or omissions occurring on or after January 1, 1996.", "summary": "Medicare Fraud and Abuse Control Act of 1995 - Directs the Secretary of Health and Human Services to establish a federal program to prevent, detect, and control fraud and abuse under Medicare. Requires the Secretary to pay a portion of any civil monetary penalty for a Medicare violation to any person or entity whose information led to the imposition of that penalty. Amends title XVIII (Medicare) of the Social Security Act: (1) to require that a statement soliciting information of any fraud or abuse be included with every explanation of benefits received and notice of payment made under Medicare; and (2) to double the amount of criminal and civil monetary penalties that are assessed for various Medicare violations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Registration Modernization Act''. SEC. 2. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION. (a) Requiring Availability of Internet for Registration.--The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 6 the following new section: ``SEC. 6A. INTERNET REGISTRATION. ``(a) Requiring Availability of Internet for Online Registration.-- ``(1) Availability of online registration.--Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): ``(A) Online application for voter registration. ``(B) Online assistance to applicants in applying to register to vote. ``(C) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature in electronic form as required under subsection (c). ``(D) Online receipt of completed voter registration applications. ``(b) Acceptance of Completed Applications.--A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if-- ``(1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and ``(2)(A) in the case of an individual who has a signature on file with the State motor vehicle authority, the information provided in the application matches the records of such State motor vehicle authority; and ``(B) in any other case, the individual provides a signature in electronic form in accordance with subsection (c). ``(c) Signatures in Electronic Form.--For purposes of this section, an individual provides a signature in electronic form by-- ``(1) executing a computerized mark in the signature field on an online voter registration application; or ``(2) submitting with the application an electronic copy of the individual's handwritten signature through electronic means. ``(d) Provision of Services in Nonpartisan Manner.--The services made available under subsection (a) shall be provided in a manner that ensures that, consistent with section 7(a)(5)-- ``(1) the online application does not seek to influence an applicant's political preference or party registration; and ``(2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. ``(e) Protection of Security of Information.--In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). ``(f) Nondiscrimination Among Registered Voters Using Mail and Online Registration.--In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail. ``(g) Accessibility of Online Registration.--The services provided under subsection (a) shall be provided in a manner that is accessible to individuals with disabilities, including those that are blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters.''. (b) Treatment as Individuals Registering To Vote by Mail for Purposes of First-Time Voter Identification Requirements.--Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and inserting ``by mail or online under section 6A of the National Voter Registration Act of 1993''. (c) Conforming Amendments.-- (1) Timing of registration.--Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended-- (A) by striking ``and'' at the end of subparagraph (C); (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 30 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and''. (2) Informing applicants of eligibility requirements and penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) is amended by striking ``and 7'' and inserting ``6A, and 7''. SEC. 3. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION. (a) In General.-- (1) Updates to information contained on computerized statewide voter registration list.--Section 303(a) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by adding at the end the following new paragraph: ``(6) Use of internet by registered voters to update information.-- ``(A) In general.--The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter's registration information, including the voter's address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. ``(B) Processing of updated information by election officials.--If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall-- ``(i) revise any information on the computerized list to reflect the update made by the voter; and ``(ii) if the updated registration information affects the voter's eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 30 days, or the period provided by State law, before the date of the election.''. (2) Conforming amendment relating to effective date.-- Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B) and subsection (a)(6)''. (b) Ability of Registrant To Use Online Update To Provide Information on Residence.--Section 8(d)(2)(A) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended-- (1) in the first sentence, by inserting after ``return the card'' the following: ``or update the registrant's information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002''; and (2) in the second sentence, by striking ``returned,'' and inserting the following: ``returned or if the registrant does not update the registrant's information on the computerized Statewide voter registration list using such online method,''. SEC. 4. STUDY ON BEST PRACTICES FOR INTERNET REGISTRATION. (a) In General.--The Director of the National Institute of Standards and Technology shall conduct an ongoing study on best practices for implementing the requirements for Internet registration under section 6A of the National Voter Registration Act of 1993 (as added by section 2) and the requirement to permit voters to update voter registration information online under section 303(a)(6) of the Help America Vote Act of 2002 (as added by section 3) in a fully accessible manner. (b) Report.-- (1) In general.--Not later than 4 months after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall make publicly available a report on the study conducted under subsection (a). (2) Quadrennial update.--The Director of the National Institute of Standards and Technology shall review and update the report made under paragraph (1). (c) Use of Best Practices in EAC Voluntary Guidance.--Subsection (a) of section 311 of the Help America Vote Act of 2002 (52 U.S.C. 21101(a)) is amended by adding at the end the following new sentence: ``Such voluntary guidance shall utilize the best practices developed by the Director of the National Institute of Standards and Technology under section 4 of the Voter Registration Modernization Act for the use of the Internet in voter registration.''. SEC. 5. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS REGISTERED TO VOTE. (a) Including Option on Voter Registration Application To Provide E-Mail Address and Receive Information.-- (1) In general.--Section 9(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20508(b)) is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(5) shall include a space for the applicant to provide (at the applicant's option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail.''. (2) Prohibiting use for purposes unrelated to official duties of election officials.--Section 9 of such Act (52 U.S.C. 20508) is amended by adding at the end the following new subsection: ``(c) Prohibiting Use of Electronic Mail Addresses for Other Than Official Purposes.--The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official.''. (b) Requiring Provision of Information by Election Officials.-- Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)) is amended by adding at the end the following new paragraph: ``(3) Provision of other information by electronic mail.-- If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 30 days before the date of the election involved, shall provide the individual with information on how to obtain the following information by electronic means: ``(A) The name and address of the polling place at which the individual is assigned to vote in the election. ``(B) The hours of operation for the polling place. ``(C) A description of any identification or other information the individual may be required to present at the polling place.''. SEC. 6. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION TO SHOW ELIGIBILITY TO VOTE. Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote.--For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a `valid voter registration form' if-- ``(1) the applicant has accurately completed the application form and attested to the statement required by section 9(b)(2); and ``(2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section.''. SEC. 7. IMPLEMENTATION PAYMENTS. (a) In General.--The Election Assistance Commission shall make an implementation payment each year in an amount determined under subsection (c) to each State. (b) Use of Funds.-- (1) In general.--Except as provided in paragraph (2), a State receiving a payment under subsection (a) shall use the payment only to meet the requirements of this Act. (2) Other activities.--A State may use implementation payments to carry out other activities to improve the administration of elections for Federal office if the State certifies to the Commission that-- (A) the State has implemented the requirements of this Act; and (B) the amount expended with respect to such other activities does not exceed the an amount equal to the minimum payment amount applicable to the State under subsection (c)(3). (3) Limitation.--Rules similar to the rules of section 251(f) of the Help America Vote Act of 2002 (52 U.S.C. 21001(f)) shall apply for purposes of this section. (c) Allocation of Funds.-- (1) In general.--Subject to paragraph (3), the amount of an implementation payment made to a State for any year shall be equal to-- (A) the total amount appropriated for implementation payments for the year pursuant to the authorization under subsection (d); and (B) the State allocation percentage for the State. (2) State allocation percentage.--The term ``State allocation percentage'' has the same meaning as given such term under section 252(b) of the Help America Vote Act of 2002 (52 U.S.C. 21002(b)). (3) Minimum amount of payment; other rules.--Rules similar to the rules of subsections (c), (d), and (e) of section 252 of such Act (52 U.S.C. 21002) shall apply for purposes of this subsection. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated for implementation payments under this section $15,000,000 for fiscal year 2015. (2) Availability.--Any amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended. (e) Reports.--Not later than April 1, 2017, each State which received an implementation payment under this section shall submit a report to the Commission on the activities conducted with funds provided under this section. SEC. 8. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act (other than the amendments made by section 5) shall take effect January 1, 2016. (b) Waiver.--If a State certifies to the Election Assistance Commission not later than January 1, 2016, that the State will not meet the deadline referred to in subsection (a) for good cause and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to ``January 1, 2016'' were a reference to ``January 1, 2018''.", "summary": "Voter Registration Modernization Act - Amends the National Voter Registration Act of 1993 (NVRA) to require each state to make available official public websites for online voter registration. Directs the appropriate state or local election official to ensure that information on the computerized statewide voter registration list may be updated through the official public website. Directs the Director of the National Institute of Standards and Technology (NIST) to study best practices for implementing the requirements for Internet registration and the online updating of voter registration information. Authorizes the provision of election information by electronic mail to individuals registered to vote who have requested to receive it. Directs the Election Assistance Commission (EAC) to make an implementation payment each year to enable each state to meet the requirements of this Act and to carry out activities to improve the administration of federal elections."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Safety Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The problem of family violence does not necessarily cease when the victimized family is legally separated, divorced, or otherwise not sharing a household. During separation and divorce, family violence often escalates, and child custody and visitation become the new forum for the continuation of abuse. (2) Current child custody and visitation laws are based on incorrect assumptions that divorcing parents are in relatively equal positions of power and that such parents always act in the children's best interest. These laws often work against the protection of the children and the abused spouse or intimate partner in families with a history of family violence. (3) Some perpetrators use the children as pawns to control the abused party after the couple is separated. (4) Every year an estimated 1,000 to 5,000 children are killed by their parents in the United States. (5) In 1988, the Department of Justice reported that 354,100 children were abducted by family members who violated custody agreements or decrees. Most victims were children from ages 2 to 11 years. (6) Approximately 160,000 children are seriously injured or impaired by abuse or neglect each year. (7) Studies by the American Humane Association indicate that reports of child abuse and neglect have increased by over 200 percent from 1976 to 1986. (8) Approximately 90 percent of children in homes in which their mothers are abused witness the abuse. (9) Data indicates that women and children are at elevated risk for violence during the process of and after separation. (10) Fifty to 70 percent of men who abuse their spouses or partners also abuse their children. (11) Up to 75 percent of all domestic assaults reported to law enforcement agencies were inflicted after the separation of the couples. (12) In one study of spousal homicide, over half of the male defendants were separated from their victims. (13) Seventy-three percent of battered women seeking emergency medical services do so after separation. SEC. 3. PURPOSE. The purpose of this Act is to authorize funding to enable supervised visitation centers to provide the following: (1) Supervised visitation in cases where there is documented sexual, physical or emotional abuse as determined by the appropriate court. (2) Supervised visitation in cases where there is suspected or elevated risk of sexual, physical or emotional abuse, or where there have been threats of parental abduction of the child. (3) Supervised visitation for children who have been placed in foster homes as a result of abuse. (4) An evaluation of visitation between parents and children for child protection social services to assist such service providers in making determinations of whether the children should be returned to a previously abusive home. (5) A safe location for custodial parents to temporarily transfer custody of their children with non-custodial parents, or to provide a protected visitation environment, where there has been a history of domestic violence or an order for protection is involved. (6) An additional safeguard against the child witnessing abuse or a safeguard against the injury or death of a child or parent. (7) An environment for families to have healthy interaction activities, quality time, non-violent memory building experiences during visitation to help build the parent/child relationship. (8) Parent and child education and support groups to help parents heal and learn new skills, and to help children heal from past abuse. SEC. 4. DEMONSTRATION GRANTS FOR SUPERVISED VISITATION CENTERS. (a) In General.--The Secretary of Health and Human Services (hereafter referred to in this Act as the ``Secretary'') is authorized to award grants to and enter into contracts and cooperative agreements with public or nonprofit private entities to assist such entities in the establishment and operation of supervised visitation centers. (b) Considerations.--In awarding grants, contracts and agreements under subsection (a), the Secretary shall take into account-- (1) the number of families to be served by the proposed visitation center to be established under the grant, contract or agreement; (2) the extent to which supervised visitation centers are needed locally; (3) the relative need of the applicant; and (4) the capacity of the applicant to make rapid and effective use of assistance provided under the grant, contract or agreement. (c) Use of Funds.-- (1) In general.--Amounts provided under a grant, contract or cooperative agreement awarded under this section shall be used to establish supervised visitation centers and for the purposes described in section 3. In using such amounts, grantees shall target the economically disadvantaged and those individuals who could not otherwise afford such visitation services. Other individuals may be permitted to utilize the services provided by the center on a fee basis. (2) Costs.--To the extent practicable, the Secretary shall ensure that, with respect to recipients of grants, contracts or agreements under this section, the perpetrators of the family violence, abuse or neglect will be responsible for any and all costs associated with the supervised visitation undertaken at the center. SEC. 5. DEMONSTRATION GRANT APPLICATION. (a) In General.--A grant, contract or cooperative agreement may not be made or entered into under this Act unless an application for such grant, contract or cooperative agreement has been submitted to and approved by the Secretary. (b) Approval.--Grants, contracts and cooperative agreements under this Act shall be awarded in accordance with such regulations as the Secretary may promulgate. At a minimum, to be approved by the Secretary under this section an application shall-- (1) demonstrate that the applicant has recognized expertise in the area of family violence and a record of high quality service to victims of family violence; and (2) be submitted from an entity located in a State where State law requires the courts to consider evidence of violence in custody decisions. SEC. 6. EVALUATION OF DEMONSTRATION PROJECTS. (a) In General.--Not later than 30 days after the end of each fiscal year, a recipient of a grant, contract or cooperative agreement under this Act shall prepare and submit to the Secretary a report that contains information concerning-- (1) the number of families served per year; (2) the number of families served per year categorized by-- (A) families who require that supervised visitation because of child abuse only; (B) families who require supervised visitation because of a combination of child abuse and domestic violence; and (C) families who require supervised visitation because of domestic violence only; (3) the number of visits per family in the report year categorized by-- (A) supervised visitation required by the courts; (B) supervised visitation based on suspected or elevated risk of sexual, physical, or emotional abuse, or threats of parental abduction of the child that is not court mandated; (C) supervised visitation that is part of a foster care arrangement; and (D) supervised visitation because of an order of protection; (4) the number of supervised visitation arrangements terminated because of violations of visitation terms, including violence; (5) the number of protective temporary transfers of custody during the report year; (6) the number of parental abduction cases in a judicial district using supervised visitation services, both as identified in criminal prosecution and custody violations; (7) the number of safety and security problems that occur during the report year; (8) the number of families who are turned away because the center cannot accommodate the demand for services; (9) the process by which children or abused partners will be protected during visitations, temporary custody transfers and other activities for which the supervised visitation centers are created; and (10) any other information determined appropriate in regulations promulgated by the Secretary. (b) Evaluation.--In addition to submitting the reports required under subsection (a), an entity receiving a grant, contract or cooperative agreement under this Act shall have a collateral agreement with the court, the child protection social services division of the State, and local domestic violence agencies or State and local domestic violence coalitions to evaluate the supervised visitation center operated under the grant, contract or agreement. The entities conducting such evaluations shall submit a narrative evaluation of the center to both the center and the grantee. (c) Demonstration of Need.--The recipient of a grant, contract or cooperative agreement under this Act shall demonstrate, during the first 3 years of the project operated under the grant, contract or agreement, the need for continued funding. SEC. 7. SPECIAL GRANTS TO STUDY THE EFFECT OF SUPERVISED VISITATION ON SEXUALLY ABUSED OR SEVERELY PHYSICALLY ABUSED CHILDREN. (a) Authorization.--The Secretary is authorized to award special grants to public or nonprofit private entities to assist such entities in collecting clinical data for supervised visitation centers established under this Act to determine-- (1) the extent to which supervised visitation should be allowed between children who are sexually abused or severely physically abused by a parent, where the visitation is not predicated on the abusive parent having successively completed a specialized course of therapy for such abusers; (2) the effect of supervised visitation on child victims of sexual abuse or severe physical abuse when the abusive parent exercising visitation has not completed specialized therapy and does not use the visitation to alleviate the child victim's guilt, fear, or confusion; (3) the relationship between the type of abuse or neglect experienced by the child and the use of supervised visitation centers by the maltreating parent; and (4) in cases of spouse or partner abuse only, the extent to which supervised visitation should be predicated on participation by the abusive spouse in a specialized treatment program. (b) Application.--To be eligible to receive a grant under this section an entity shall prepare and submit to the Secretary an application at such time, in such manner and containing such information as the Secretary may require, including documentary evidence to demonstrate that the entity possesses a high level of clinical expertise and experience in child abuse treatment and prevention as they relate to visitation. The level of clinical expertise and experience required will be determined by the Secretary. (c) Report.--Not later than 1 year after the date on which a grant is received under this section, and each year thereafter for the duration of the grant, the grantee shall prepare and submit to the Secretary a report containing the clinical data collected under such grant. SEC. 8. REPORTING. Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report containing the information collected under the reports received under sections 6 and 7, including recommendations made by the Secretary concerning whether or not the supervised visitation center demonstration and clinical data programs should be reauthorized. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--For the purpose of awarding grants, contracts and cooperative agreements under this Act, there are authorized to be appropriated $30,000,000 for fiscal year 1994, $40,000,000 for fiscal year 1995, and $50,000,000 for fiscal year 1996. (b) Distribution.--Of the amounts appropriated under subsection (a) for each fiscal year-- (1) not less than 80 percent shall be used to award grants, contracts, or cooperative agreements under section 5; and (2) not more than 20 percent shall be used to award grants under section 7. (c) Disbursement.--Amounts appropriated under this section shall be disbursed as categorical grants through the 10 regional offices of the Department of Health and Human Services.", "summary": "Child Safety Act - Authorizes the Secretary of Health and Human Services to award grants and enter into contracts and cooperative agreements with public or nonprofit private entities to: (1) establish and operate supervised visitation centers for child abuse victims; and (2) assist such organizations in collecting data on the effect of supervised visitation on sexually abused or severely physically abused children. Authorizes appropriations."}
{"article": "SECTION 1. AMENDMENT OF 1986 CODE; TABLE OF CONTENTS. (a) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Amendment of 1986 Code; table of contents. TITLE I--TAXPAYER ACCESS TO UNITED STATES TAX COURT Sec. 101. Filing period for interest abatement cases. Sec. 102. Small tax case election for interest abatement cases. Sec. 103. Venue for appeal of spousal relief and collection cases. Sec. 104. Suspension of running of period for filing petition of spousal relief and collection cases. Sec. 105. Application of Federal rules of evidence. TITLE II--UNITED STATES TAX COURT ADMINISTRATION Sec. 201. Judicial conduct and disability procedures. Sec. 202. Administration, judicial conference, and fees. TITLE III--CLARIFICATION RELATING TO UNITED STATES TAX COURT Sec. 301. Clarification relating to United States Tax Court. TITLE I--TAXPAYER ACCESS TO UNITED STATES TAX COURT SEC. 101. FILING PERIOD FOR INTEREST ABATEMENT CASES. (a) In General.--Subsection (h) of section 6404 is amended-- (1) by striking ``Review of Denial'' in the heading and inserting ``Judicial Review'', and (2) by striking ``if such action is brought'' and all that follows in paragraph (1) and inserting ``if such action is brought-- ``(A) at any time after the earlier of-- ``(i) the date of the mailing of the Secretary's final determination not to abate such interest, or ``(ii) the date which is 180 days after the date of the filing with the Secretary (in such form as the Secretary may prescribe) of a claim for abatement under this section, and ``(B) not later than the date which is 180 days after the date described in subparagraph (A)(i).''. (b) Effective Date.--The amendments made by this section shall apply to claims for abatement of interest filed with the Secretary of the Treasury after the date of the enactment of this Act. SEC. 102. SMALL TAX CASE ELECTION FOR INTEREST ABATEMENT CASES. (a) In General.--Subsection (f) of section 7463 is amended-- (1) by striking ``and'' at the end of paragraph (1), (2) by striking the period at the end of paragraph (2) and inserting ``, and'', and (3) by adding at the end the following new paragraph: ``(3) a petition to the Tax Court under section 6404(h) in which the amount of the abatement sought does not exceed $50,000.''. (b) Effective Date.--The amendments made by this section shall apply to cases pending as of the day after the date of the enactment of this Act, and cases commenced after such date of enactment. SEC. 103. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION CASES. (a) In General.--Paragraph (1) of section 7482(b) is amended-- (1) by striking ``or'' at the end of subparagraph (E), (2) by striking the period at the end of subparagraph (F) and inserting a comma, and (3) by inserting after subparagraph (F) the following new subparagraphs: ``(G) in the case of a petition under section 6015(e), the legal residence of the petitioner, or ``(H) in the case of a petition under section 6320 or 6330-- ``(i) the legal residence of the petitioner if the petitioner is an individual, and ``(ii) the principal place of business or principal office or agency if the petitioner is an entity other than an individual.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to petitions filed after the date of enactment of this Act. (2) Effect on existing proceedings.--Nothing in this section shall be construed to create any inference with respect to the application of section 7482 of the Internal Revenue Code of 1986 with respect to court proceedings filed on or before the date of the enactment of this Act. SEC. 104. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION OF SPOUSAL RELIEF AND COLLECTION CASES. (a) Petitions for Spousal Relief.-- (1) In general.--Subsection (e) of section 6015 is amended by adding at the end the following new paragraph: ``(6) Suspension of running of period for filing petition in title 11 cases.--In the case of a person who is prohibited by reason of a case under title 11, United States Code, from filing a petition under paragraph (1)(A) with respect to a final determination of relief under this section, the running of the period prescribed by such paragraph for filing such a petition with respect to such final determination shall be suspended for the period during which the person is so prohibited from filing such a petition, and for 60 days thereafter.''. (2) Effective date.--The amendment made by this subsection shall apply to petitions filed under section 6015(e) of the Internal Revenue Code of 1986 after the date of the enactment of this Act. (b) Collection Proceedings.-- (1) In general.--Subsection (d) of section 6330 is amended-- (A) by striking ``appeal such determination to the Tax Court'' in paragraph (1) and inserting ``petition the Tax Court for review of such determination'', (B) by striking ``Judicial review of determination'' in the heading of paragraph (1) and inserting ``Petition for review by tax court'', (C) by redesignating paragraph (2) as paragraph (3), and (D) by inserting after paragraph (1) the following new paragraph: ``(2) Suspension of running of period for filing petition in title 11 cases.--In the case of a person who is prohibited by reason of a case under title 11, United States Code, from filing a petition under paragraph (1) with respect to a determination under this section, the running of the period prescribed by such subsection for filing such a petition with respect to such determination shall be suspended for the period during which the person is so prohibited from filing such a petition, and for 30 days thereafter, and''. (2) Effective date.--The amendments made by this subsection shall apply to petitions filed under section 6330 of the Internal Revenue Code of 1986 after the date of the enactment of this Act. (c) Conforming Amendment.--Subsection (c) of section 6320 is amended by striking ``(2)(B)'' and inserting ``(3)(B)''. SEC. 105. APPLICATION OF FEDERAL RULES OF EVIDENCE. (a) In General.--Section 7453 is amended by striking ``the rules of evidence applicable in trials without a jury in the United States District Court of the District of Columbia'' and inserting ``the Federal Rules of Evidence''. (b) Effective Date.--The amendment made by this section shall apply to proceedings commenced after the date of the enactment of this Act and, to the extent that it is just and practicable, to all proceedings pending on such date. TITLE II--UNITED STATES TAX COURT ADMINISTRATION SEC. 201. JUDICIAL CONDUCT AND DISABILITY PROCEDURES. (a) In General.--Part II of subchapter C of chapter 76 is amended by adding at the end the following new section: ``SEC. 7466. JUDICIAL CONDUCT AND DISABILITY PROCEDURES. ``(a) In General.--The Tax Court shall prescribe rules, consistent with the provisions of chapter 16 of title 28, United States Code, establishing procedures for the filing of complaints with respect to the conduct of any judge or magistrate judge of the Tax Court and for the investigation and resolution of such complaints. In investigating and taking action with respect to any such complaint, the Tax Court shall have the powers granted to a judicial council under such chapter. ``(b) Judicial Council.--The provisions of sections 354(b) through 360 of title 28, United States Code, regarding referral or certification to, and petition for review in the Judicial Conference of the United States, and action thereon, shall apply to the exercise by the Tax Court of the powers of a judicial council under subsection (a). The determination pursuant to section 354(b) or 355 of title 28, United States Code, shall be made based on the grounds for removal of a judge from office under section 7443(f), and certification and transmittal by the Conference of any complaint shall be made to the President for consideration under section 7443(f). ``(c) Hearings.-- ``(1) In general.--In conducting hearings pursuant to subsection (a), the Tax Court may exercise the authority provided under section 1821 of title 28, United States Code, to pay the fees and allowances described in that section. ``(2) Reimbursement for expenses.--The Tax Court shall have the power provided under section 361 of such title 28 to award reimbursement for the reasonable expenses described in that section. Reimbursements under this paragraph shall be made out of any funds appropriated for purposes of the Tax Court.''. (b) Clerical Amendment.--The table of sections for part II of subchapter C of chapter 76 is amended by adding at the end the following new item: ``Sec. 7466. Judicial conduct and disability procedures.''. (c) Effective Date.--The amendments made by this section shall apply to proceedings commenced after the date which is 180 days after the date of the enactment of this Act and, to the extent just and practicable, all proceedings pending on such date. SEC. 202. ADMINISTRATION, JUDICIAL CONFERENCE, AND FEES. (a) In General.--Part III of subchapter C of chapter 76 is amended by inserting before section 7471 the following new sections: ``SEC. 7470. ADMINISTRATION. ``Notwithstanding any other provision of law, the Tax Court may exercise, for purposes of management, administration, and expenditure of funds of the Court, the authorities provided for such purposes by any provision of law (including any limitation with respect to such provision of law) applicable to a court of the United States (as that term is defined in section 451 of title 28, United States Code), except to the extent that such provision of law is inconsistent with a provision of this subchapter. ``SEC. 7470A. JUDICIAL CONFERENCE. ``(a) Judicial Conference.--The chief judge may summon the judges and magistrate judges of the Tax Court to an annual judicial conference, at such time and place as the chief judge shall designate, for the purpose of considering the business of the Tax Court and recommending means of improving the administration of justice within the jurisdiction of the Tax Court. The Tax Court shall provide by its rules for representation and active participation at such conferences by persons admitted to practice before the Tax Court and by other persons active in the legal profession. ``(b) Registration Fee.--The Tax Court may impose a reasonable registration fee on persons (other than judges and magistrate judges of the Tax Court) participating at judicial conferences convened pursuant to subsection (a). Amounts so received by the Tax Court shall be available to the Tax Court to defray the expenses of such conferences.''. (b) Disposition of Fees.--Section 7473 is amended to read as follows: ``SEC. 7473. DISPOSITION OF FEES. ``Except as provided in sections 7470A and 7475, all fees received by the Tax Court pursuant to this title shall be deposited into a special fund of the Treasury to be available to offset funds appropriated for the operation and maintenance of the Tax Court.''. (c) Clerical Amendments.--The table of sections for part III of subchapter C of chapter 76 is amended by inserting before the item relating to section 7471 the following new items: ``Sec. 7470. Administration. ``Sec. 7470A. Judicial conference.''. TITLE III--CLARIFICATION RELATING TO UNITED STATES TAX COURT SEC. 301. CLARIFICATION RELATING TO UNITED STATES TAX COURT. Section 7441 is amended by adding at the end the following: ``The Tax Court is not an agency of, and shall be independent of, the executive branch of the Government.''.", "summary": ". This bill amends the Internal Revenue Code to modify the rules and administrative provisions governing the U.S. Tax Court, a court established under Article I of the Constitution. TITLE I--TAXPAYER ACCESS TO UNITED STATES TAX COURT (Sec. 101) This section changes the period for filing an action in the Tax Court for review of a denial by the Department of the Treasury of a request to abate interest. The action may be filed in Tax Court at any time after the earlier of the date of the mailing of Treasury's final determination not to abate such interest or the date that is 180 days after the filing of a claim for abatement, but not later that 180 days after Treasury's final determination. (Sec. 102) This section allows the filing of an action in Tax Court for review of a denial to abate interest not exceeding $50,000 as a small tax case, thus providing for expedited review. (Sec. 103) This section provides that: (1) venue in an innocent spouse relief petition is the legal residence of the petitioner; and (2) venue in a collection due process proceeding is the legal residence of an individual petitioner or the principal place of business or principal office or agency if the the petitioner is an entity other than an individual. An innocent spouse relief petition is a petition filed by a husband or wife claiming, in good faith, ignorance of violations of tax law by the other spouse (e.g., failure to report income or improper claims of tax credits or deductions), thus resulting in unexpected tax liability for the innocent spouse. (Sec. 104) This section provides for a suspension of the running of the period of limitations on filing petitions for innocent spouse relief and a collection due process hearing for taxpayers in bankruptcy who are prohibited from filing such petitions. (Sec. 105) This section makes the Federal Rules of Evidence applicable to proceedings of the Tax Court. TITLE II--UNITED STATES TAX COURT ADMINISTRATION (Sec. 201) This section directs the Tax Court to prescribe rules for the filing of complaints with respect to the conduct of any judge or magistrate judge of the Court and for the investigation and resolution of such complaints. In investigating and taking action on any complaint, the Court shall have the powers granted to a judicial council under the federal judicial code. (Sec.202) This section grants the Tax Court the same management, administrative, and expenditure authority as is granted to other federal courts with general jurisdiction under Article III of the Constitution. The Chief Judge may summon the judges and magistrate judges of the Court to an annual judicial conference to consider the business of the Court and make recommendations to improve the administration of justice with the jurisdiction of the Court. The Court may impose a reasonable registration fee on persons, other than judges and magistrate judges, who attend the judicial conference to defray costs of the conference. All fees received by the Tax Court shall be deposited into a special fund of the Treasury and made available to offset funds appropriated for the operation and maintenance of the Court. TITLE III--CLARIFICATION RELATING TO UNITED STATES TAX COURT (Sec. 301) This section declares that the Tax Court is not an agency of, and shall be independent of, the executive branch."}
{"article": "SECTION 1. VOLUNTEER MENTORING PROGRAMS. (a) In General.--Section 9 of the Small Business Administration Act (15 U.S.C. 638) is amended by adding at the end the following: ``(u) Volunteer Mentoring Programs.-- ``(1) Definitions.--In this subsection-- ``(A) the term `eligible association' means a national or regional association, organization, coalition, or other entity (including an individual) that represents small business concerns participating in SBIR or STTR programs under this section; ``(B) the term `qualified mentoring organization' means a small business concern that has successfully completed 1 or more SBIR or STTR funding agreements under this section; and ``(C) the term `low participation area' means an area within a State that, in the determination of the Administrator, receives a disproportionately low number of SBIR awards, as compared with other areas in the State or in the United States. ``(2) Grant authority.--In order to assist small business concerns in successfully completing the SBIR and STTR programs under this section, the Administration may award, on competitive basis, a grant to 1 or more eligible associations for use in accordance with paragraph (5). ``(3) Applications.--In order to be eligible to receive a grant under this subsection, an eligible association shall submit to the Administration an application in such form and containing such information as the Administration may require. ``(4) Amount of assistance.--The amount of a grant to an eligible association under this subsection shall be equal to not less than $50,000 and not more than $200,000. An eligible association that has received a grant under this subsection may reapply for 1 or more additional grants under this subsection, as may be necessary to carry out the program established and implemented with the initial grant in accordance with paragraph (5). ``(5) Use of assistance.--Amounts made available under a grant awarded under this subsection-- ``(A) shall be used by the eligible association to establish and carry out a program under which 1 or more qualified mentoring organizations provide technical assistance (which may include marketing, proposal writing, government accounting, government audits, facilities and equipment, project management, human resources, phase III partners, commercialization, and venture capital networking) to small business concerns located in low participation areas in order to advise and guide them through the SBIR and STTR program processes from application to award and successful completion of each phase of the program; and ``(B) may be used to reimburse qualified mentoring organizations participating in the program-- ``(i) for necessary out-of-pocket expenses incident to the provision of services by employees of such organizations under the program; and ``(ii) while employees of such organizations are providing such services away from their homes or regular places of business, for travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code, for individuals serving without pay, and for reasonable communications expenses (including telephone calls and facsimiles). ``(6) Status of employees of qualified mentoring organizations.--An employee of a qualified mentoring organization, while carrying out activities under a program carried out with grant awarded under this subsection-- ``(A) shall be deemed to be a Federal employee for purposes of the Federal tort claims provisions in title 28, United States Code; and ``(B) for purposes of subchapter I of chapter 81 of title 5, United States Code (relative to compensation to Federal employees for work injuries) shall be deemed to be a civil employee of the United States within the meaning of the term ``employee'' as defined in section 8101 of title 5, United States Code, and the provisions of that subchapter shall apply to such employee, except that in computing compensation benefits for disability or death, the monthly pay of such employee shall be deemed to be that received under the entrance salary for a grade GS-11 employee. ``(7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $1,000,000 for each fiscal year.''. (b) Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue final regulations to implement section 9(u) of the Small Business Act, as added by this section. (2) Maximum amount.--Not later than 18 months after the date on which regulations are issued under paragraph (1), the Administrator of the Small Business Administration shall submit to the Committees on Small Business of the House of Representatives and the Senate a report, which shall include recommendations regarding any change in the maximum grant amount under section 9(u)(4) of the Small Business Act, as added by this section.", "summary": "Amends the Small Business Act to authorize the Small Business Administration (SBA), in order to assist small businesses in successfully completing the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, to award, on a competitive basis, a grant to one or more eligible associations (an association that represents small businesses participating in SBIR and STTR programs) to establish and carry out a program under which one or more qualified mentoring organizations provide technical assistance to small businesses located in low participation areas in order to advise and guide them through the SBIR and STTR processes from application and award through successful program completion. Authorizes appropriations for such grants. Requires a report from the SBA Administrator to the small business committees regarding recommended changes in maximum grant amounts (no less than $50,000 or more than $200,000 per association)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Airlift Requirements Act''. SEC. 2. REPORT ON SIZE AND MIX OF AIR FORCE INTERTHEATER AIRLIFT FORCE. (a) Study Required.-- (1) In general.--The Secretary of Defense shall conduct a study on various alternatives for the size and mix of assets for the Air Force intertheater airlift force, with a particular focus on current and planned capabilities and costs of the C-5 aircraft and C-17 aircraft fleets. (2) Conduct of study.-- (A) Use of ffrdc.--The Secretary shall select to conduct the study required by subsection (a) a federally funded research and development center (FFRDC) that has experience and expertise in conducting studies similar to the study required by subsection (a). (B) Development of study methodology.--Not later than 90 days after the date of enactment of this Act, the federally funded research and development center selected for the conduct of the study shall-- (i) develop the methodology for the study; and (ii) submit the methodology to the Comptroller General of the United States for review. (C) Comptroller general review.--Not later than 30 days after receipt of the methodology under subparagraph (B), the Comptroller General shall-- (i) review the methodology for purposes of identifying any flaws or weaknesses in the methodology; and (ii) submit to the federally funded research and development center a report that-- (I) sets forth any flaws or weaknesses in the methodology identified by the Comptroller General in the review; and (II) makes any recommendations the Comptroller General considers advisable for improvements to the methodology. (D) Modification of methodology.--Not later than 30 days after receipt of the report under subparagraph (C), the federally funded research and development center shall-- (i) modify the methodology in order to address flaws or weaknesses identified by the Comptroller General in the report and to improve the methodology in accordance with the recommendations, if any, made by the Comptroller General; and (ii) submit to the congressional defense committees a report that-- (I) describes the modifications of the methodology made by the federally funded research and development center; and (II) if the federally funded research and development center does not improve the methodology in accordance with any particular recommendation of the Comptroller General, sets forth a description and explanation of the reasons for such action. (3) Utilization of other studies.--The study shall build upon the results of the recent Mobility Capabilities Studies of the Department of Defense, the on-going Intratheater Airlift Fleet Mix Analysis, and other appropriate studies and analyses. The study should also include any results reached on the modified C-5A aircraft configured as part of the Reliability Enhancement and Re-engining Program (RERP) configuration, as specified in section 132 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1411). (b) Elements.--The study under subsection (a) shall address the following: (1) The state of the current intertheater airlift fleet of the Air Force, including the extent to which the increased use of heavy airlift aircraft in Operation Iraqi Freedom, Operation Enduring Freedom, and other ongoing operations is affecting the aging of the aircraft of that fleet. (2) The adequacy of the current intertheater airlift force, including whether or not the current target number of 301 airframes for the Air Force heavy lift aircraft fleet will be sufficient to support future expeditionary combat and non- combat missions as well as domestic and training mission demands consistent with the requirements of the National Military Strategy. (3) The optimal mix of C-5 aircraft and C-17 aircraft for the intertheater airlift fleet of the Air Force, and any appropriate mix of C-5 aircraft and C-17 aircraft for intratheater airlift missions, including an assessment of the following: (A) The cost advantages and disadvantages of modernizing the C-5 aircraft fleet when compared with procuring new C-17 aircraft, which assessment shall be performed in concert with the Cost Analysis Improvement Group and be based on program life cycle cost estimates for the respective aircraft. (B) The military capability of the C-5 aircraft and the C-17 aircraft, including number of lifetime flight hours, cargo and passenger carrying capabilities, and mission capable rates for such airframes. In the case of assumptions for the C-5 aircraft, and any assumptions made for the mission capable rates of the C-17 aircraft, sensitivity analyses shall also be conducted to test assumptions. The military capability study for the C-5 aircraft shall also include an assessment of the mission capable rates after each of the following: (i) Successful completion of the Avionics Modernization Program (AMP) and the Reliability Enhancement and Re-engining Program (RERP). (ii) Partially successful completion of the Avionics Modernization Program and the Reliability Enhancement and Re-engining Program, with partially successful completion of either such program being considered the point at which the continued execution of such program is no longer supported by cost-benefit analysis. (C) The tactical capabilities of strategic airlift aircraft, the potential increase in use of strategic airlift aircraft for tactical missions, and the value of such capabilities to tactical operations. (D) The value of having more than one type of aircraft in the strategic airlift fleet, and the potential need to pursue a replacement aircraft for the C-5 aircraft that is larger than the C-17 aircraft. (4) The means by which the Air Force was able to restart the production line for the C-5 aircraft after having closed the line for several years, and the actions to be taken to ensure the production line for the C-17 aircraft could be restarted if necessary, including-- (A) an analysis of the costs of closing and re- opening the production line for the C-5 aircraft; and (B) an assessment of the costs of closing and re- opening the production line for the C-17 aircraft on a similar basis. (5) The financial effects of retiring, upgrading and maintaining, or continuing current operations of the C-5A aircraft fleet on procurement decisions relating to the C-17 aircraft. (6) The impact that increasing the role and use of strategic airlift aircraft in intratheater operations will have on the current target number for strategic airlift aircraft of 301 airframes, including an analysis of the following: (A) The appropriateness of using C-5 aircraft and C-17 aircraft for intratheater missions, as well as the efficacy of these aircraft to perform current and projected future intratheater missions. (B) The interplay of existing doctrinal intratheater airlift aircraft (such as the C-130 aircraft and the future Joint Cargo Aircraft (JCA)) with an increasing role for C-5 aircraft and C-17 aircraft in intratheater missions. (C) The most appropriate and likely missions for C- 5 aircraft and C-17 aircraft in intratheater operations and the potential for increased requirements in these mission areas. (D) Any intratheater mission sets best performed by strategic airlift aircraft as opposed to traditional intratheater airlift aircraft. (E) Any requirements for increased production or longevity of C-5 aircraft and C-17 aircraft, or for a new strategic airlift aircraft, in light of the matters analyzed under this paragraph. (7) Taking into consideration all applicable factors, whether or not the replacement of C-5 aircraft with C-17 aircraft on a one-for-one basis will result in the retention of a comparable strategic airlift capability. (c) Construction.--Nothing in this section shall be construed to exclude from the study under subsection (a) consideration of airlift assets other than the C-5 aircraft or C-17 aircraft that do or may provide intratheater and intertheater airlift, including the potential that such current or future assets may reduce requirements for C-5 aircraft or C-17 aircraft. (d) Collaboration With Transcom.--The federally funded research and development center selected under subsection (a) shall conduct the study required by that subsection and make the report required by subsection (e) in concert with the United States Transportation Command. (e) Report by FFRDC.-- (1) In general.--Not later than February 4, 2009, the federally funded research and development center selected under subsection (a) shall submit to the Secretary of Defense, the congressional defense committees, and the Comptroller General of the United States a report on the study required by subsection (a). (2) Review by gao.--Not later than 90 days after receipt of the report under paragraph (1), the Comptroller General shall submit to the congressional defense committee a report on the study conducted under subsection (a) and the report under paragraph (1). The report under this subsection shall include an analysis of the study under subsection (a) and the report under paragraph (1), including an assessment by the Comptroller General of the strengths and weaknesses of the study and report. (f) Report by Secretary of Defense.-- (1) In general.--Not later than _____, 2009, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the study required by subsection (a). (2) Elements.--The report shall include a comprehensive discussion of the findings of the study, including a particular focus on the following: (A) A description of lift requirements and operating profiles for intertheater airlift aircraft required to meet the National Military Strategy, including assumptions regarding: (i) Current and future military combat and support missions. (ii) The planned force structure growth of the Army and the Marine Corps. (iii) Potential changes in lift requirements, including the deployment of the Future Combat Systems by the Army. (iv) New capability in strategic airlift to be provided by the KC(X) aircraft and the expected utilization of such capability, including its use in intratheater lift. (v) The utilization of the heavy lift aircraft in intratheater combat missions. (vi) The availability and application of Civil Reserve Air Fleet assets in future military scenarios. (vii) Air mobility requirements associated with the Global Rebasing Initiative of the Department of Defense. (viii) Air mobility requirements in support of peacekeeping and humanitarian missions around the globe. (ix) Potential changes in lift requirements based on equipment procured for Iraq and Afghanistan. (B) A description of the assumptions utilized in the study regarding aircraft performances and loading factors. (C) A comprehensive statement of the data and assumptions utilized in making program life cycle cost estimates. (D) A comparison of cost and risk associated with optimal mix airlift fleet versus program of record airlift fleet. (3) Form.--The report shall be submitted in unclassified form, but may include a classified annex.", "summary": "United States Airlift Requirements Act - Directs the Secretary of Defense to study alternatives for the asset size and mix for the Air Force intertheater airlift force, focusing on current and planned capabilities and costs of the C-5 and C-17 fleets. Requires that the study be conducted through a federally funded research and development center (FFRDC) in concert with the United States Transportation Command."}
{"article": "SECTION 1. VISA OVERSTAYS CRIMINALIZED. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 274D the following: ``SEC. 274E. VISA OVERSTAYS. ``(a) In General.--Except as provided in subsection (b), any alien who remains in the United States for any period of time after the date on which any visa or status under which the alien is lawfully present has expired shall-- ``(1) for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned no more than 6 months, or both; and ``(2) for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both. ``(b) Exception.--If the Secretary of Homeland Security determines on an individual case-by-case basis that, because of reasons of a medical necessity, public safety, or national security, the alien violated subsection (a), the alien shall not be subject to the penalties under subsection (a). ``(c) Limitation on Reentry.-- ``(1) First offenders.--Subject to section 222(g)(2), any alien convicted of a violation of subsection (a)(1)-- ``(A) may not be admitted to the United States for a period of 5 years, beginning on the date of the conviction; and ``(B) may not be granted a visa for a period of 10 years, beginning on the date of the conviction. ``(2) Subsequent offenses.--Notwithstanding section 222(g)(2), any alien convicted of a violation of subsection (a)(2)-- ``(A) may not be admitted to the United States; and ``(B) may not be granted a visa. ``(d) Disclosure of Penalties.--In the case of any application or petition by or on behalf of an alien for admission to the United States, the Secretary of State or the Secretary of Homeland Security shall provide the alien with notice of the penalties under this section and section 275 on receipt of the application or petition, and again at the time of admission.''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 274D the following: ``274E. Visa overstays.''. SEC. 2. EFFECT OF VISA REVOCATION. (a) In General.--Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by inserting before the final sentence the following: ``A revocation under this subsection shall automatically cancel any other valid visa that is in the alien's possession.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to revocations under section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) occurring on or after such date. SEC. 3. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL. Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) is amended-- (1) by striking ``In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings'' and inserting ``In any removal proceedings before an immigration judge, or any other immigration proceedings before the Attorney General, the Secretary of Homeland Security, or any appeal of such a proceeding''; (2) by striking ``(at no expense to the Government)''; and (3) by adding at the end the following ``Notwithstanding any other provision of law, in no instance shall the Government bear any expense for counsel for any person in proceedings described in this section.''. SEC. 4. SHARING VISA RECORDS WITH FOREIGN GOVERNMENTS. Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is amended-- (1) in paragraph (1), by striking the period at the end and inserting a semicolon; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) the Secretary of State on a case-by-case basis may provide to a foreign government copies of any record of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States, or any information contained in those records, if the Secretary determines that it is in the national interests of the United States; and''. SEC. 5. ACCESS TO NATIONAL CRIME INFORMATION CENTER FILES FOR VISA ADJUDICATIONS RELATING TO DIPLOMATS AND OTHER GOVERNMENT OFFICIALS. Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) is amended by adding at the end the following: ``(i) In the case of an alien described in one of clauses (i) through (iv) of subsection (h)(2)(E) who has applied for a visa, the Attorney General and the Director of the Federal Bureau of Investigation shall provide the Secretary of State with access to the criminal history record information contained in files maintained by the National Crime Information Center for the purpose of determining whether the visa should be issued.''.", "summary": "This bill amends the Immigration and Nationality Act to subject any alien who remains in the United States after any visa or status under which the alien is lawfully present has expired to: (1) a fine or imprisonment for up to six months, or both, for a first offense; and (2) a fine or imprisonment for up to two years, or both, for any subsequent offense. Such penalties shall be waived if the overstay was due to medical necessity, public safety, or national security. An alien convicted of a first offense may not be admitted to the United States for 5 years or granted a visa for 10 years. An alien convicted of a subsequent offense may not be admitted to the United States at all or granted a visa. The bill expands the scope of an individual's right to counsel in immigration proceedings and appeals. The government, however, shall not bear the cost of counsel in such proceedings or appeals. The Department of State may share visa records and related information with a foreign government if in the national interests of the United States. The Department of Justice and the Federal Bureau of Investigation shall provide the State Department with access to National Crime Information Center files for visa adjudications involving a diplomat or government official."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Pakistan Security and Stability Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress supports the following elements outlined in the President's White Paper of the Interagency Policy Group's Report on United States Policy Toward Afghanistan and Pakistan: (A) The core goal of the United States must be to disrupt, dismantle, and defeat al Qaeda and its affiliated networks and their safe havens in Pakistan. (B) The threat that al Qaeda poses to the United States and its allies in Pakistan--including the possibility of extremists obtaining fissile material-- is all too real. (C) The United States must overcome its trust deficit with Pakistan and demonstrate that it is a reliable, long-term partner. (2) The Government of Pakistan is facing significant security and socio-economic challenges that set the conditions for greater radicalization and may threaten Pakistan's viability. Such challenges include the following: (A) Al Qaeda's and other extremist groups' campaign of violent attacks throughout Pakistan, including the Red Mosque incident, the assassination of Benazir Bhutto, and the bombing of the Marriott Hotel in Islamabad. (B) Pakistan's population growth at a rate of approximately 2 percent a year, with nearly half of its 172 million residents illiterate, under the age of 20, and living near or below the poverty line. (3) Security and stability to Pakistan is further complicated given the prevalence of ungoverned spaces between Pakistan and Afghanistan in which state control has not been fully exercised given ethnic and tribal affiliations. (4) The security and stability of Pakistan is vital to the national security of the United States, and the consequences of failure poses a grave threat to the security of the American people, the region, and United States allies. (5) The objectives of United States policy toward Pakistan are to empower and enable Pakistan to-- (A) develop into a prosperous and democratic state that is at peace with itself and with its neighbors; (B) actively confront, and deny safe haven to, al Qaeda, the Taliban, and other extremists; (C) implement the economic, legal, and social reforms required to create an environment that discourages violent Islamic extremism; and (D) maintain robust command and control over its nuclear weapons technology. SEC. 3. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN FOR PAKISTAN. (a) In General.--Not later than 30 days after the date of the enactment of the Supplemental Appropriations Act of 2009, the President shall develop and transmit to the appropriate congressional committees a comprehensive interagency strategy and implementation plan for long- term security and stability in Pakistan which shall be composed of the elements specified in subsection (b). (b) Elements.--The comprehensive interagency strategy and implementation plan required by subsection (a) shall contain at least the following elements: (1) A description of how United States assistance described in section 4 will be used to achieve the objectives of United States policy toward Pakistan. (2) Progress toward the following: (A) Assisting efforts to enhance civilian control and a stable constitutional government in Pakistan and promote bilateral and regional trade and economic growth. (B) Developing and operationally enabling Pakistani security forces so they are capable of succeeding in sustained counter-insurgency and counter-terror operations. (C) Shutting down Pakistani safe havens for extremists. (D) Improving Pakistan's capacity and capability to ``hold'' and ``build'' areas cleared of insurgents to prevent their return. (E) Developing and strengthening mechanisms for Pakistan-Afghanistan cooperation. (3) A financial plan and description of the resources, programming, and management of United States foreign assistance to Pakistan, including the criteria used to determine their prioritization. (4) A complete description of both the evaluation process for reviewing and adjusting the strategy and implementation as necessary, and measures of effectiveness for the implementation of the strategy. (c) Intelligence Support.--The Director of National Intelligence shall provide intelligence support to the development of the comprehensive interagency strategy and implementation plan required by subsection (a). (d) Updates of Strategy.--The President shall transmit in writing to the appropriate congressional committees any updates of the comprehensive interagency strategy and implementation plan required by subsection (a), as necessary. SEC. 4. AUTHORIZATION OF ASSISTANCE FOR PAKISTAN. (a) Foreign Assistance Act of 1961.--There is authorized to be appropriated to the President, for the purposes of providing assistance to Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), $1,500,000,000 or such sums as may be necessary for each of the fiscal years 2010 through 2013. (b) Pakistan Counterinsurgency Capability Fund.--There is authorized to be appropriated to the President, for the purposes of building a more effective counterinsurgency capability in Pakistan's security forces, up to $700,000,000 for the Pakistan Counterinsurgency Capability Fund, for fiscal year 2010. (c) Use of Funds.--Amounts authorized to be appropriated under this section or otherwise made available to carry out this Act shall be used to the maximum extent practicable as direct expenditures for programs, projects, and activities, subject to existing reporting and notification requirements. SEC. 5. CONGRESSIONAL BRIEFING AND NOTIFICATION REQUIREMENTS. (a) Briefing.--Not later than 30 days after the date of the transmission of the comprehensive interagency strategy and implementation plan required by section 3, and quarterly thereafter through December 1, 2013, the President, acting through the Secretary of State and the Secretary of Defense, shall brief the appropriate congressional committees on the status of the comprehensive interagency strategy and implementation plan. (b) Notification.--The President shall notify the appropriate congressional committees not later than 30 days prior to obligating any assistance described in section 4 as budgetary support to the Government of Pakistan or to any persons, agencies, instrumentalities, or elements of the Government of Pakistan and shall describe the purpose and conditions attached to any such budgetary support assistance. The President shall notify the appropriate congressional committees not later than 30 days prior to obligating any other type of assistance described in section 4. SEC. 6. DEFINITION. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.", "summary": "United States-Pakistan Security and Stability Act - Directs the President to develop and transmit to the appropriate congressional committees, with intelligence support from the Director of National Intelligence, a comprehensive interagency strategy and implementation plan for long-term security and stability in Pakistan. Authorizes appropriations for: (1) Pakistan; and (2) the Pakistan Counterinsurgency Capability Fund."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Enhanced Exploration and Deep Water Incentives Act''. SEC. 2. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT. (a) Incentives.--Section 8(a)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)) is amended to read as follows: ``(3)(A) The Secretary, at his own discretion or on petition of a lessee, in order-- ``(i) to promote development and new production on producing or nonproducing leases, through primary, secondary, or tertiary recovery means; or ``(ii) to encourage production of marginal or uneconomic resources on producing or nonproducing leases, which may include the use of primary, secondary, or tertiary recovery means, may reduce, suspend, or eliminate any royalty or net profit share set forth in the leases. In the case of a petition of a lessee, the Secretary shall make a final determination under this subparagraph within 6 months after the submittal of such petition. ``(B)(i) Notwithstanding any other provision of this Act, except as provided in clauses (ii) and (iii) of this subparagraph, no royalty payment shall be due on new production from any lease located in water depths of 200 meters or greater until the capital costs directly related to such new production have been recovered by the lessee out of the proceeds from such new production. ``(ii) Notwithstanding clause (i), in any month during which the arithmetic average of the closing prices for the earliest delivery month on the New York Mercantile Exchange for Light Sweet crude oil exceeds $28.00 per barrel, any production of oil described in clause (i) shall be subject to royalties at the lease stipulated rate. ``(iii) Notwithstanding clause (i), in any month during which the arithmetic average of the closing prices for the earliest delivery month on the New York Mercantile Exchange for natural gas exceeds $3.50 per million British thermal units, any production of natural gas described in clause (i) shall be subject to royalties at the lease stipulated rate. ``(iv) The prices referred to in clauses (ii) and (iii) of this subparagraph shall be changed during any calendar year after 1993 by the percentage if any by which the consumer price index changed during the preceding calendar year, as defined in section 111(f)(4) of the Internal Revenue Code of 1986. ``(v) Nothing in this subparagraph shall be construed to affect any requirement under this section to pay bonus bids. ``(vi) For purposes of this subparagraph-- ``(I) the term `capital costs' shall be defined by the Secretary, shall include exploration costs incurred after the acquisition of the lease and development and capital production costs directly related to new production, shall not include any amounts paid as bonus bids or paid as royalties pursuant to clause (ii) or (iii), and shall be adjusted to reflect changes in the consumer price index, as defined in section 111(f)(4) of the Internal Revenue Code of 1986; and ``(II) the term `new production' means any production from a lease from which no royalties have been due on production, other than test production, prior to the date of the enactment of the Outer Continental Shelf Enhanced Exploration and Deep Water Incentives Act, or any production resulting from lease development activities under a development and production plan approved by the Secretary under section 25 after the date of the enactment of the Outer Continental Shelf Enhanced Exploration and Deep Water Incentives Act.''. (b) Frontier Areas.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following new subsection: ``(i) The Secretary shall, in each leasing program prepared under this section, designate as frontier areas portions of the outer Continental Shelf, if any, with respect to which the Secretary will exercise authority under section 8(a)(3)(A) to reduce, suspend, or eliminate the requirement to pay royalties. Any such designation shall include a full description of the terms of such reduction, suspension, or elimination. In designating frontier areas under this subsection, the Secretary shall take into consideration the increased capital costs associated with exploration and development in coastal or marine environments, including arctic environments, with special environmental protection requirements.''. SEC. 3. REGULATIONS. (a) Incentives.--The Secretary shall, within 180 days after the date of the enactment of this Act, issue such rules and regulations as are necessary to implement the amendment made by section 2(a). (b) Frontier Areas.--The Secretary shall, within 1 year after the date of the enactment of this Act, issue regulations defining the term ``frontier area'' for purposes of carrying out section 18(i) of the Outer Continental Shelf Lands Act.", "summary": "Outer Continental Shelf Enhanced Exloration and Deep Water Incentives Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to suspend any royalty or net profit share set forth in Outer Continental Shelf (OCS) oil or gas leases. Declares that no royalty payment shall be due on new production from leases located in depths of 200 meters or more until the capital costs directly related to such production have been recovered out of the resulting proceeds. Requires the Secretary to designate as frontier areas those portions of the OCS with respect to which the Secretary will exercise authority to modify royalty payment requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Climate Change Through Individual Action Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Agricultural, grassland, and forestry practices play an essential role in capturing atmospheric carbon and sequestering it as soil organic matter. (2) Released carbon can be captured through improved grassland management, tree planting, forest preservation, and enhanced agronomic and irrigation practices. (3) Promoting increased natural carbon sinks could have a significant impact on the world's projected carbon emissions from the burning of fossil fuels. (4) Certain agricultural and forestry practices can reduce greenhouse gases: (A) avoiding emissions by maintaining existing carbon storage in trees and soils; (B) increasing carbon storage by, e.g., tree planting, conversion from conventional to conservation tillage practices on agricultural lands; (5) The large potentials exist through known cropping and land management practices such as adoption of no-till, reduced fallow and use of cover crops, and conservation set-asides with perennial grasses and trees. SEC. 3. CARBON SEQUESTRATION AND SOIL CONSERVATION CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45O. CARBON SEQUESTRATION AND SOIL CONSERVATION. ``(a) In General.--For purposes of section 38, in the case of a taxpayer engaged in the business of farming, the credit determined under this section for the taxable year is an amount equal to 30 percent of the qualified carbon sequestration and soil conservation expenditures for the taxable year which are paid or incurred with respect to the land used in such farming. ``(b) Limitation.--The credit allowed with respect to a taxpayer under this section for a taxable year shall not exceed an amount equal to $10,000, reduced by the sum of the credits allowed with respect to the taxpayer under subsection (a) for all preceding taxable years. ``(c) Qualified Carbon Sequestration and Soil Conservation Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified carbon sequestration and soil conservation expenditures' means amounts paid or incurred to sequester carbon and conserve soil, including-- ``(A) expenditures described in section 175(c), ``(B) conservation tillage expenditures, ``(C) cover cropping expenditures, ``(D) amounts paid or incurred to increase the nitrogen use efficiency (other than use of nitrogen fertilizers) of land used in farming, and ``(E) amounts paid or incurred for multiple year rotations, including introduction of a perennial that reduces carbon loss and tillage, builds soil tilth, and increases carbon capture capacity. ``(2) Conservation tillage expenditures.--The term `conservation tillage expenditures' means any expenditures paid or incurred for a tilling and planting method in which at least 30 percent of the previous crop residue remains on the soil after planting the current crop. Such term includes the following tilling practices: no till, ridge till, minimum till, and mulch till. ``(3) Cover cropping expenditures.--The term `cover cropping expenditures' means expenditures paid or incurred for the preparation and seeding of land for any grass, legume, or small grain-- ``(A) which is not the primary crop of the taxpayer, ``(B) the primary purpose of which is to achieve one or more of the following: reduction in erosion; maintenance or improvement in soil fertility, tilth, and structure, ``(C) a purpose of which may be interruption of pest cycles or conservation of water. ``(d) Per Acre Credit Alternative.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary shall, in consultation with the Secretary of Agriculture, establish an alternative procedure for determining the credit under subsection (a), which, at the election of the taxpayer, shall be treated as the amount determined under subsection (a). ``(2) Procedure described.--(A) The Secretary shall establish credit amounts to apply to land used in farming on a per acre basis with respect to each method of carbon sequestration and soil conservation described in subsection (c)(1). ``(B) Such credit amounts shall be based on the efficacy of the method in sequestering carbon and preventing soil erosion. ``(C) No such credit amount may exceed $15 per acre. ``(D) The Secretary shall prescribe rules similar to the rules of paragraphs (1) through (4) of subsection (e) to apply for purposes of the procedure established under this subsection. ``(3) Election.--An election to use such alternative method shall be made in such form and manner as the Secretary may prescribe, and shall apply to the taxable year for which made and for all subsequent taxable years. ``(e) Definition and Special Rules.-- ``(1) Land used in farming.--For purposes of this section, land shall be treated as used in farming only if such land is used (before or simultaneously with the expenditures described in subsection (c)(1)) by the taxpayer or his tenant for the production of crops, fruits, or other agricultural products or for the sustenance of livestock. ``(2) Expenditures must be consistent with soil conservation plan.--Notwithstanding any other provision of this section, subsection (a) shall not apply to any expenditures unless such expenditures are consistent with-- ``(A) the plan (if any) approved by the Soil Conservation Service of the Department of Agriculture for the area in which the land is located, or ``(B) if there is no plan described in clause (i), any soil conservation plan of a comparable State agency. ``(3) Basis adjustment.--For purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so determined. ``(4) Denial of double benefit.--No deduction or other credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2013.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``plus'', and by adding at the end the following new paragraph: ``(32) the carbon sequestration and soil conservation credit determined under section 45O(a).''. (c) Conforming Amendments.--Subsection (a) of section 1016 of such Code (relating to adjustments to basis) is amended by striking ``and'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``and'', and by adding at the end the following new paragraph: ``(37) to the extent provided in section 45O(e).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45O. Carbon sequestration and soil conservation.''. (e) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred after December 31, 2008. SEC. 4. QUALIFYING PLANTING EXPENDITURE CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30D. QUALIFIED PLANTING EXPENDITURE CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the qualified planting expenditures of the taxpayer for the taxable year. ``(b) Limitations.--The amount taken into account under subsection (a) for any taxable year shall not exceed-- ``(1) in the case of expenditures paid or incurred by the taxpayer with respect to an area which is included under section 121 as part of the taxpayer's principal residence, $5,000, ``(2) in the case of expenditures paid or incurred by the taxpayer in the course of, or with respect to, a trade or business carried on by the taxpayer, $50,000, and ``(3) in any other case, zero. ``(c) Qualified Planting Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualifying planting expenditures' means expenditures paid or incurred-- ``(A) for the purchase and planting of any tree, plant, shrub, or bush which meets the requirements of paragraph (2), and ``(B) for the purchase and installation of a vegetated roof system. Such term shall not include expenditures relating to any property which is held by the taxpayer for use in a trade or business or for the production of income, or which is property described in section 1221(a)(1) in the hands of the taxpayer. ``(2) Trees, plants, shrubs, or bushes.--A tree, plant, shrub, or bush satisfies the requirements of the paragraph if such tree, plant, shrub, or bush is certified, in accordance with guidance prescribed by the Secretary (after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture), to be quick-growing, appropriate for the region in which it is planted, and effective in capturing carbon. ``(3) Vegetated roof system.--The term `vegetated roof system' means a system by which vegetation growing in a substrate is integrated with the roof (or portion thereof) of a building owned by the taxpayer. ``(d) Application With Other Credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C, over ``(2) the tentative minimum tax for the taxable year. ``(e) Definition and Special Rules.--For purposes of this section-- ``(1) Principal residence.--The term `principal residence' has the same meaning as when used in section 121, except that no ownership requirement shall be imposed. ``(2) Joint occupancy, cooperative housing corporations, and condominium management associations.--Rules similar to the rules of paragraphs (4), (5), and (6) of section 25D(e) shall apply. ``(3) Expenditures outside united states.--The credit under this section shall not be allowed with respect to expenditures paid or incurred for areas located outside the United States. ``(4) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section for an expenditure, the increase in basis which would result (but for this subsection) from such expenditure shall be reduced by the amount of credit allowed under this section. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2013.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016, as amended by section 3, is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30D(e)(4).''. (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Qualified planting expenditure credit.''. (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred after December 31, 2008. SEC. 5. GRASSLAND, RANGELAND, AND FOREST CONSERVATION CREDIT. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Department of Agriculture, shall establish an appropriate tax credit, with respect to land located in the United States, for-- (1) the conversion of cropland to pasture for grazing purposes or to grassland or rangeland, and (2) reforestation and afforestation of land-- (A) which is not held by the taxpayer for the planting, cultivating, caring for, and cutting of trees for sale or use in the commercial production of timber products, and (B) with trees which are not held by the taxpayer for use in a trade or business or for the production of income. (b) Other Rules Relating to Credit.-- (1) Credit to be per acre.--The Secretary shall establish credit amounts to apply to land on a per acre basis with respect to each method of conservation described in subsection (a). (2) Pursuant to approved plan.--Such methods must be pursuant to a plan submitted by the taxpayer and approved by the Secretaries of the Treasury and Agriculture. (3) Basis for credit amounts.--Credit amount shall be based on-- (A) the efficacy of the method in sequestering carbon and preventing soil erosion, (B) the expenditures relating to such method, and (C) the number of years the taxpayer certifies to the Secretary or ensures (by conservation easement or otherwise) that the applicable land will remain subject to the approved plan. (4) Recapture.--The Secretary shall provide for recapturing the benefit of any credit allowed under this section with respect to any property that ceases to be used in accordance with the approved plan. (5) Denial of double benefit and basis adjustment.--The Secretary shall provide-- (A) an appropriate basis adjustment for property with respect to which such credit is allowed, and (B) rules disallowing such deductions and other credits as may be appropriate to avoid allowing additional tax benefits for the same conservation method or expenses. (c) Effective Date.--The credit established by the Secretary shall apply to taxable years beginning after December 31, 2008. SEC. 6. CARBON SEQUESTRATION CREDIT REPORT. (a) In General.--In the case of any substantial change in the carbon sequestration market (including the enactment into law of a carbon cap and trade program), the Secretary of the Treasury shall, in consultation with any appropriate Federal officers, study such change and any effect of such change on the efficiency of, and need for, the credits allowed under section 5 of this Act and sections 45O and 30D of the Internal Revenue Code of 1986. (b) Report.--As soon as practicable after sufficient opportunity to observe the effect of such change in the carbon sequestration market, the Secretary shall submit a report to Congress containing the results of the study conducted under subsection (a) and any recommendations of the Secretary for modifying such credits based on such results.", "summary": "Combating Climate Change Through Individual Action Act of 2008 - Amends the Internal Revenue Code to allow tax credits for: (1) 30% of carbon sequestration and soil conservation expenditures made by taxpayers engaged in the business of farming; (2) 10% of qualifying planting expenditures, including expenditures for the purchase and planting of any tree, plant, shrub, or bush, and the purchase and installation of a vegetated roof system; (3) the conversion of cropland to pasture for grazing purposes or to grassland or rangeland; and (4) certain types of reforestation and afforestation of land."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``TPS Reform Act of 2016''. SEC. 2. TEMPORARY PROTECTED STATUS. (a) Power To Designate a Foreign State.--Section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) is amended-- (1) by striking paragraphs (1), (2), and (3) and inserting the following: ``(1) Initial designation.--For purposes of this section, a foreign state shall be designated upon the enactment of an Act that satisfies the following requirements: ``(A) The Act shall contain a finding-- ``(i) that there is an ongoing armed conflict within the state and, due to such conflict, requiring the return of aliens who are nationals of that state (or to the part of the state) would pose a serious threat to their personal safety; ``(ii) that-- ``(I) there has been an earthquake, flood, drought, epidemic, or other immediately life-threatening environmental disaster in the state resulting in a substantial, but temporary, disruption of living conditions in the area affected; ``(II) the foreign state is unable, temporarily, to handle adequately the return to the state of aliens who are nationals of the state; and ``(III) the foreign state officially has requested designation under this subparagraph; or ``(iii) that there exist extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state in safety and that permitting the aliens to remain temporarily in the United States is not contrary to the national interest of the United States. ``(B) The Act shall include-- ``(i) an estimate of the number of nationals of the foreign state who are (or within the effective period of the designation are likely to become) eligible for temporary protected status under this section; ``(ii) such nationals' immigration status in the United States; and ``(iii) a time period for the effectiveness of the designation that is not greater than 18 months. ``(2) Termination.-- ``(A) Timely termination.--If an initial designation of a foreign state is not extended under paragraph (3), the initial designation shall terminate at the end of the time period described in paragraph (1)(B)(iii). ``(B) Early termination.--For purposes of this section, the designation of a foreign state shall be terminated upon the enactment of an Act that contains a finding that the foreign state (or part of such foreign state) no longer meets the conditions for designation under paragraph (1)(A). ``(3) Extension.--For purposes of this section, the time period for the effectiveness of the designation of a foreign state shall be extended upon the enactment of an Act that includes-- ``(A) a finding that the conditions for designation under paragraph (1)(A) continue to be met; and ``(B) a time period for the effectiveness of the extension that is not greater than 12 months.''; and (2) in paragraph (5)(A), by striking ``of the Attorney General'' and inserting ``made in any Act''. (b) Aliens Lacking Lawful Immigration Status.--Section 244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)) is amended-- (1) in clause (i), by striking ``, or'' at the end and inserting a semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(iii) the alien lacks a lawful immigration status.''. (c) Conforming Amendments.--Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a et seq.) is amended-- (1) in subsection (d)(3), by striking ``If the Attorney General terminates the designation of a foreign state (or part of such foreign state) under subsection (b)(3)(B)'' and inserting ``If the designation of a foreign state (or part of such foreign state) is terminated under section 244(b)(2)''; and (2) in subsection (i)(1)-- (A) in subparagraph (A), by striking the comma at the end and adding ``; and''; (B) in subparagraph (B), by striking ``, and'' at the end and inserting a period; and (C) by striking subparagraph (C). (d) Technical Corrections.--Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), as amended by subsections (a) and (b) of this Act, is further amended by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''.", "summary": "TPS Reform Act of 2016 This bill amends the Immigration and Nationality Act to revise the criteria for designation of a foreign state as eligible to have its citizens be given temporary protected status (TPS) in the United States. Such revisions include the following: (1) such a foreign state shall be designated by an Act of Congress rather than by the Department of Justice; (2) such Act must find that an environmental disaster in such a foreign state is immediately life-threatening; (3) such Act may provide for early termination of a foreign state's designation; (4) such Act shall include an estimate of the number of a foreign state's nationals who are TPS eligible, their U.S. immigration status, and a time period for the effectiveness of the designation of not more than 18 months; and (5) an alien lacking lawful immigration status shall be ineligible for TPS."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Call-Up Relief Act''. SEC. 2. WAIVER OF EARLY WITHDRAWAL PENALTY FOR DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS TO INDIVIDUALS CALLED TO ACTIVE DUTY DURING THE NATIONAL EMERGENCY DECLARED BY THE PRESIDENT ON SEPTEMBER 14, 2001. (a) Waiver For Certain Distributions.-- (1) In general.--Section 72(t)(2) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following: ``(G) Distributions to individuals performing national emergency active duty.--Any distribution to an individual who, at the time of the distribution, is a member of a reserve component called or ordered to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, during the period of the national emergency declared by the President on September 14, 2001.''. (2) Waiver of underpayment penalty.--Section 6654(e)(3) of such Code (relating to waiver in certain cases) is amended by adding at the end the following: ``(C) Certain early withdrawals from retirement plans.--No addition to tax shall be imposed under subsection (a) with respect to any underpayment to the extent such underpayment was created or increased by any distribution described in section 72(t)(2)(G).''. (3) Effective date.--The amendments made by this subsection shall apply to distributions made to an individual after September 13, 2001. (b) Catch-up Contributions Allowed.-- (1) Individual retirement accounts.--Section 219(b)(5) of the Internal Revenue Code of 1986 (relating to deductible amount) is amended by adding at the end the following: ``(D) Catch-up contributions for certain distributions.--In the case of an individual who has received a distribution described in section 72(t)(2)(G), the deductible amount for any taxable year shall be increased by an amount equal to-- ``(i) the aggregate amount of such distributions (not attributable to earnings) made with respect to such individual, over ``(ii) the aggregate amount of such distributions (not attributable to earnings) previously taken into account under this subparagraph or section 414(w).''. (2) Roth iras.--Section 408A(c) of such Code (relating to treatment of contributions) is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following: ``(7) Catch-up contributions for certain distributions.-- Any contribution described in section 219(b)(5)(D) shall not be taken into account for purposes of paragraph (2).''. (3) Employer plans.--Section 414 of such Code (relating to definitions and special rules) is amended by adding at the end the following: ``(w) Catch-up contributions for certain distributions.-- ``(1) In general.--An applicable employer plan shall not be treated as failing to meet any requirement of this title solely because the plan permits an applicable participant to make additional elective deferrals in any plan year. ``(2) Limitation on amount of additional deferrals.-- ``(A) In general.--A plan shall not permit additional elective deferrals under paragraph (1) for any year in an amount greater than the lesser of-- ``(i) the applicable dollar amount, or ``(ii) the excess (if any) of-- ``(I) the participant's compensation (as defined in section 415(c)(3)) for the year, over ``(II) any other elective deferrals of the participant for such year which are made without regard to this subsection. ``(B) Applicable dollar amount.--For purposes of this paragraph, the applicable dollar amount with respect to a participant shall be an amount equal to-- ``(i) the aggregate amount of distributions described in section 72(t)(2)(G) (not attributable to earnings) made with respect to such participant, over ``(ii) the aggregate amount of such distributions (not attributable to earnings) previously taken into account under this subsection or section 219(b)(5)(B). ``(3) Treatment of contributions.--Rules similar to the rules of paragraphs (3) and (4) of subsection (v) shall apply with respect to contributions made under this subsection. ``(4) Definitions.--For purposes of this subsection, the terms `applicable employer plan' and `elective deferral' have the same meanings given such terms in subsection (v)(6).''. (4) Conforming amendment.--Section 414(v)(2)(A)(ii)(II) of such Code (relating to limitation on amount of additional deferrals) is amended by inserting ``(other than deferrals under subsection (w))'' after ``deferrals''. (5) Effective date.--The amendments made by this subsection shall apply to contributions in taxable years ending after December 31, 2001.", "summary": "Military Call-up Relief Act - Amends the Internal Revenue Code to waive the ten percent early withdrawal penalty for distributions from qualified retirement plans to individuals called to active duty during the national emergency declared by the President on September 14, 2001."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Timely Payment for Veterans' Medical Care Act''. SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ENTER INTO CONTRACTS WITH ADMINISTRATIVE CONTRACTORS FOR THE PROCESSING OF CLAIMS FOR HOSPITAL CARE AND MEDICAL SERVICES FURNISHED IN NON-DEPARTMENT OF VETERANS AFFAIRS FACILITIES. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1725 the following new section: ``Sec. 1725A. Authority to enter into contracts with administrative contractors ``(a) Authority.--(1) The Secretary may enter into contracts with any eligible entity to serve as an administrative contractor with respect to the performance of any or all of the functions described in paragraph (4) or parts of those functions (or, to the extent provided in a contract, to secure performance thereof by other entities). ``(2) An entity is eligible to enter into a contract with respect to the performance of a particular function described in paragraph (4) only if-- ``(A) the entity has demonstrated capability to carry out such function; ``(B) the entity complies with such conflict of interest standards as are generally applicable to Federal acquisition and procurement; ``(C) the entity has sufficient assets to financially support the performance of such function; ``(D) the entity has the ability to accept and process electronic filings of medical records; and ``(E) the entity meets such other requirements as the Secretary may impose. ``(3)(A) For purposes of this section, the term `administrative contractor' means an agency, organization, or other person with a contract under this section. ``(B) With respect to the performance of a particular function in relation to an individual enrolled in the patient enrollment system under section 1705 of this title, the `appropriate' administrative contractor is the administrative contractor that has a contract under this section with respect to the performance of that function in relation to that individual, or non-Department facility. ``(4) The functions referred to in this paragraph are the following functions relating to the furnishing of medical care and hospital services in non-Department facilities under section 1725 or 1728 of this title: ``(A) Determining the amount of the payments required pursuant to this title to be made to a non-Department facility. ``(B) Making payments described in subparagraph (A) (including receipt, disbursement, and accounting for funds in making such payments). ``(C) Providing education and outreach to individuals enrolled in the patient enrollment system under section 1705 of this title and providing assistance to those individuals with specific issues, concerns, or problems. ``(D) Providing consultative services to institutions, agencies, and other persons to enable them to establish and maintain fiscal records necessary for purposes of this title. ``(E) Communicating to non-Department facilities any information or instructions furnished to the administrative contractor by the Secretary, and facilitating communication between such facilities and the Secretary. ``(F) Performing the functions relating to non-Department facility education, training, and technical assistance. ``(G) Performing such other functions as are necessary to carry out the purposes of this title. ``(5) Except to the extent inconsistent with a specific requirement of this section, the Federal Acquisition Regulation applies to contracts under this section. ``(b) Contracting Requirements.--(1)(A) Except as provided in laws with general applicability to Federal acquisition and procurement or in subparagraph (B), the Secretary shall use competitive procedures when entering into contracts with administrative contractors under this section, taking into account performance quality as well as price and other factors. ``(B) The Secretary may renew a contract with an administrative contractor under this section from term to term without regard to section 5 of title 41, United States Code, or any other provision of law requiring competition, if the administrative contractor has met or exceeded the performance requirements applicable with respect to the contract and contractor, except that the Secretary shall provide for the application of competitive procedures under such a contract not less frequently than once every 5 years. ``(C) The Secretary may transfer functions among administrative contractors consistent with the provisions of this paragraph. The Secretary shall ensure that performance quality is considered in such transfers. The Secretary shall provide public notice (whether in the Federal Register or otherwise) of any such transfer (including a description of the functions so transferred, a description of the non- Department facilities affected by such transfer, and contact information for the contractors involved). ``(D) The Secretary shall provide incentives for administrative contractors to provide quality service and to promote efficiency. ``(2) No contract under this section shall be entered into with any administrative contractor unless the Secretary finds that such administrative contractor will perform its obligations under the contract efficiently and effectively and will meet such requirements as to financial responsibility, legal authority, quality of services provided, and other matters as the Secretary finds pertinent. ``(3)(A)(i) The Secretary shall develop contract performance requirements to carry out the specific requirements applicable under this title to a function described in subsection (a)(4) and shall develop standards for measuring the extent to which a contractor has met such requirements. Such requirements shall include specific performance duties expected of a medical director of an administrative contractor, including requirements relating to professional relations and the availability of such director to conduct medical determination activities within the jurisdiction of such a contractor. ``(ii) In developing such performance requirements and standards for measurement, the Secretary shall consult with non-Department facilities, veterans service organizations, and organizations and agencies performing functions necessary to carry out the purposes of this section with respect to such performance requirements. ``(iii) The Secretary shall make such performance requirements and measurement standards available to the public. ``(B) The Secretary shall include, as one of the standards developed under subparagraph (A), non-Department facility and veteran satisfaction levels. ``(C) All contractor performance requirements shall be set forth in the contract between the Secretary and the appropriate administrative contractor. Such performance requirements-- ``(i) shall reflect the performance requirements published under subparagraph (A), but may include additional performance requirements; ``(ii) shall be used for evaluating contractor performance under the contract; and ``(iii) shall be consistent with the written statement of work provided under the contract. ``(4) The Secretary shall not enter into a contract with an administrative contractor under this section unless the contractor agrees-- ``(A) to furnish to the Secretary such timely information and reports as the Secretary may find necessary in performing the functions of the Secretary under this title; and ``(B) to maintain such records and afford such access thereto as the Secretary finds necessary to assure the correctness and verification of the information and reports under subparagraph (A) and otherwise to carry out the purposes of this title. ``(5) A contract with an administrative contractor under this section may require the administrative contractor, and any of its officers or employees certifying payments or disbursing funds pursuant to the contract, or otherwise participating in carrying out the contract, to give surety bond to the United States in such amount as the Secretary may deem appropriate. ``(c) Terms and Conditions.--A contract with any administrative contractor under this section may contain such terms and conditions as the Secretary finds necessary or appropriate and may provide for advances of funds to the administrative contractor for the making of payments by it under subsection (a)(4)(B). ``(d) Limitation on Liability of Administrative Contractors and Certain Officers.--(1) No individual designated pursuant to a contract under this section as a certifying officer shall, in the absence of the reckless disregard of the individual's obligations or the intent by that individual to defraud the United States, be liable with respect to any payments certified by the individual under this section. ``(2) No disbursing officer shall, in the absence of the reckless disregard of the officer's obligations or the intent by that officer to defraud the United States, be liable with respect to any payment by such officer under this section if it was based upon an authorization (which meets the applicable requirements for such internal controls established by the Comptroller General of the United States) of a certifying officer designated as provided in paragraph (1) of this subsection. ``(3)(A) No administrative contractor shall be liable to the United States for a payment by a certifying or disbursing officer unless, in connection with such payment, the administrative contractor acted with reckless disregard of its obligations under its administrative contract or with intent to defraud the United States. ``(B) Nothing in this subsection shall be construed to limit liability for conduct that would constitute a violation of sections 3729 through 3731 of title 31, United States Code. ``(4)(A) Subject to subparagraphs (B) and (D), in the case of an administrative contractor (or a person who is a director, officer, or employee of such a contractor or who is engaged by the contractor to participate directly in the claims administration process) who is made a party to any judicial or administrative proceeding arising from or relating directly to the claims administration process under this title, the Secretary may, to the extent the Secretary determines to be appropriate and as specified in the contract with the contractor, indemnify the contractor and such persons. ``(B) The Secretary may not provide indemnification under subparagraph (A) insofar as the liability for such costs arises directly from conduct that is determined by the judicial proceeding or by the Secretary to be criminal in nature, fraudulent, or grossly negligent. If indemnification is provided by the Secretary with respect to a contractor before a determination that such costs arose directly from such conduct, the contractor shall reimburse the Secretary for costs of indemnification. ``(C) Indemnification by the Secretary under subparagraph (A) may include payment of judgments, settlements (subject to subparagraph (D)), awards, and costs (including reasonable legal expenses). ``(D) A contractor or other person described in subparagraph (A) may not propose to negotiate a settlement or compromise of a proceeding described in such subparagraph without the prior written approval of the Secretary to negotiate such settlement or compromise. Any indemnification under subparagraph (A) with respect to amounts paid under a settlement or compromise of a proceeding described in such subparagraph are conditioned upon prior written approval by the Secretary of the final settlement or compromise. ``(E) Nothing in this paragraph shall be construed-- ``(i) to change any common law immunity that may be available to an administrative contractor or person described in subparagraph (A); or ``(ii) to permit the payment of costs not otherwise allowable, reasonable, or allocable under the Federal Acquisition Regulation. ``(e) Requirements for Information Security.--(1) An administrative contractor that performs the functions referred to in subparagraphs (A) and (B) of subsection (a)(4) (relating to determining and making payments) shall implement a contractor-wide information security program to provide information security for the operation and assets of the contractor with respect to such functions under this title. An information security program under this paragraph shall meet the requirements for information security programs imposed on Federal agencies under paragraphs (1) through (8) of section 3544(b) of title 44, United States Code (other than the requirements under paragraphs (2)(D)(i), (5)(A), and (5)(B) of such section). ``(2)(A) Each year an administrative contractor that performs the functions referred to in subparagraphs (A) and (B) of subsection (a)(4) (relating to determining and making payments) shall undergo an evaluation of the information security of the contractor with respect to such functions under this title. The evaluation shall-- ``(i) be performed by an entity that meets such requirements for independence as the Inspector General of the Department of Health and Human Services may establish; and ``(ii) test the effectiveness of information security control techniques of an appropriate subset of the contractor's information systems (as defined in section 3502(8) of title 44, United States Code) relating to such functions under this title and an assessment of compliance with the requirements of this subsection and related information security policies, procedures, standards and guidelines, including policies and procedures as may be prescribed by the Director of the Office of Management and Budget and applicable information security standards promulgated under section 11331 of title 40, United States Code. ``(B)(i) The results of independent evaluations under subparagraph (A) shall be submitted promptly to the Inspector General of the Department and to the Secretary. ``(ii) The Inspector General of the Department shall submit to Congress annual reports on the results of such evaluations, including assessments of the scope and sufficiency of such evaluations. ``(f) Incentives To Improve Contractor Performance in Non- Department Facility Education and Outreach.--The Secretary shall use specific claims payment error rates or similar methodology of administrative contractors in the processing or reviewing of claims in order to give such contractors an incentive to implement effective education and outreach programs for non-Department facilities.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1725 the following new item: ``1725. Authority to enter into contracts with administrative contractors.''.", "summary": "Timely Payment for Veterans' Medical Care Act This bill authorizes the Department of Veterans Affairs (VA) to enter into contracts with an eligible entity to serve as an administrative contractor with respect to the performance of any or all of the following functions relating to providing medical care and hospital services in non-VA facilities: determining and making the payments required to be made to a non-VA facility; providing education and outreach to individuals enrolled in the patient enrollment system; providing consultative services to institutions, agencies, and other persons to enable them to maintain necessary fiscal records; communicating to non-VA facilities any information or instructions furnished to the administrative contractor by the VA; and performing functions relating to non-VA facility education, training, and technical assistance. An administrative contractor that performs such payment-related functions shall implement a contractor-wide information security program. The VA shall use claims payment error rates or similar methodology of administrative contractors in the processing or reviewing of claims in order to give such contractors an incentive to implement effective education and outreach programs for non-VA facilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Defense Energy Savings Act of 2003''. SEC. 2. ENERGY SAVINGS PERFORMANCE CONTRACTS. (a) Contracts Authorized.--The Secretary of Defense may enter into an energy savings performance contract under this section for the sole purpose of achieving energy savings and benefits ancillary to that purpose. The Secretary may incur obligations under the contract to finance energy conservation measures so long as guaranteed savings exceed the debt service requirements. (b) Terms and Conditions.-- (1) Contract period.--Notwithstanding any other provision of law, an energy savings performance contract may be for a period of up to 25 years beginning on the date on which the first payment is made by the Secretary pursuant to the contract. The contract need not include funding of cancellation charges (if any) before cancellation, if-- (A) the contract was awarded in a competitive manner, using procedures and methods established under this section; (B) the Secretary determines that funds are available and adequate for payment of the costs of the contract for the first fiscal year; (C) the contract is governed by part 17.1 of the Federal Acquisition Regulation; and (D) if the contract contains a clause setting forth a cancellation ceiling in excess $10,000,000, the Secretary provides notice to Congress of the proposed contract and the proposed cancellation ceiling at least 30 days before the award of the contract. (2) Costs and savings.--An energy savings performance contract shall require the contractor to incur the costs of implementing energy savings measures, including at least the cost (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel, in exchange for a share of any energy savings directly resulting from implementation of such measures during the term of the contract. (3) Other terms and conditions.--An energy savings performance contract shall require an annual energy audit and specify the terms and conditions of any Government payments and performance guarantees. Any such performance guarantee shall provide that either the Government or the contractor is responsible for maintenance and repair services for any energy related equipment, including computer software systems. (c) Limitation on Annual Contract Payments.--Aggregate annual payments by the Secretary to a contractor for energy, operations, and maintenance under an energy savings performance contract may not exceed the amount that the Department of Defense would have paid for energy, operations, and maintenance in the absence of the contract (as estimated through the procedures developed pursuant to this section) during term of the contract. The contract shall provide for a guarantee of savings to the Department, and shall establish payment schedules reflecting such guarantee, taking into account any capital costs under the contract. (d) Rulemaking.--Not later than 90 days after the date of the enactment of this section, the Secretary, with the concurrence of the Federal Acquisition Regulatory Council, shall issue final rules to establish the procedures and methods for use by the Department of Defense to select, monitor, and terminate energy savings performance contracts in accordance with laws governing Federal procurement that will achieve the intent of this section in a cost-effective manner. In developing such procedures and methods, the Secretary, with the concurrence of the Federal Acquisition Regulatory Council, shall determine which existing regulations are inconsistent with the intent of this section and shall formulate substitute regulations consistent with laws governing Federal procurement. (e) Implementation Procedures and Methods.--The procedures and methods established by rule under subsection (d) shall-- (1) provide for the calculation of energy savings based on sound engineering and financial practices; (2) allow the Secretary to request statements of qualifications, which shall, at a minimum, include prior experience and capabilities of contractors to perform the proposed types of energy savings services and financial and performance information, from firms engaged in providing energy savings services; (3) allow the Secretary to presume that a contractor meets the requirements of paragraph (2) if the contractor either-- (A) has carried out contracts with a value of at least $1,000,000,000 with the Federal Government over the previous 10 years; or (B) is listed by a Federal agency pursuant to section 801(b)(2) of the National Energy Policy Act (42 U.S.C. 8287(b)(2)); (4) allow the Secretary to, from the statements received, designate and prepare a list, with an update at least annually, of those firms that are qualified to provide energy savings services; (5) allow the Secretary to select firms from such list to conduct discussions concerning a particular proposed energy savings project, including requesting a technical and price proposal from such selected firms for such project; (6) allow the Secretary to select from such firms the most qualified firm to provide energy savings services based on technical and price proposals and any other relevant information (7) allow the Secretary to permit receipt of unsolicited proposals for energy savings performance contracting services from a firm that the Department of Defense has determined is qualified to provide such services under the procedures established pursuant to subsection (d) and require facility managers to place a notice in the Commerce Business Daily announcing they have received such a proposal and invite other similarly qualified firms to submit competing proposals; (8) allow the Secretary to enter into an energy savings performance contract with a firm qualified under paragraph (7), consistent with the procedures and methods established pursuant to subsection (d); and (9) allow a firm not designated as qualified to provide energy savings services under paragraph (4) to request a review of such decision to be conducted in accordance with procedures, substantially equivalent to procedures established under section 759(f) of title 40, United States Code, to be developed by the board of contract appeals of the General Services Administration. (f) Transition Rule for Energy Savings Performance Contracts Under National Energy Conservation Policy Act.--In the case of an energy savings performance contract entered into by the Secretary or the Secretary of Energy pursuant to the authority granted by section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287), the Secretary may maintain the contract under this section, making whatever contract modifications as the Secretary determines are necessary to conform to the provisions of this subsection. (g) Pilot Program for Nonbuilding Applications.-- (1) In general.--The Secretary may carry out a pilot program to enter into up to 10 energy savings performance contracts for the purpose of achieving energy savings, secondary savings, and benefits incidental to those purposes, in nonbuilding applications. (2) Selection.--The Secretary shall select the contract projects to demonstrate the applicability and benefits of energy savings performance contracting to a range of non- building applications. (3) Report.--Not later than three years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the progress and results of the pilot program. The report shall include a description of projects undertaken; the energy and cost savings, secondary savings and other benefits that resulted from such projects; and recommendations on whether the pilot program should be extended, expanded, or authorized. (h) Definitions.--In this section: (1) Energy savings.--The term ``energy savings'' means a reduction in the cost of energy, from a base cost established through a methodology set forth in the energy savings performance contract, utilized in an existing federally owned building or buildings or other federally owned facilities as a result of-- (A) the lease or purchase of operating equipment, improvements, altered operation and maintenance, increased capacity or payload, or technical services; or (B) the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a federally owned building or buildings or other federally owned facilities. (2) Energy savings performance contract.--The term ``energy savings performance contract'' means a contract that provides for the performance of services for the design, acquisition, installation, testing, operation, and, where appropriate, maintenance and repair of an identified energy conservation measure or series of measures at one or more locations. Such contracts-- (A) may provide for appropriate software licensing agreements; and (B) shall, with respect to an agency facility that is a public building, as defined in section 13(l) of the Public Buildings Act of 1959 (40 U.S.C. 612(l)), be in compliance with the prospectus requirements and procedures of section 7 of the Public Buildings Accountability Act of 1959 (40 U.S.C. 606). (3) Nonbuilding application.--The term ``nonbuilding application'' means-- (A) any class of vehicles, devices, or equipment that is transportable under its own power by land, sea, or air that consumes energy from any fuel source for the purpose of such transportability, or to maintain a controlled environment within such vehicle, device, or equipment; or (B) any Federally owned equipment used to generate electricity or transport water. (4) Secondary savings.--The term ``secondary savings'' means additional energy or cost savings that are a direct consequence of the energy savings that result from the energy efficiency improvements that were financed and implemented pursuant to the energy savings performance contract. Such secondary savings may include energy and cost savings that result from a reduction in the need for fuel delivery and logistical support, personnel cost savings and environmental benefits. In the case of electric generation equipment, secondary savings may include the benefits of increased efficiency in the production of electricity, including revenue received by the Federal Government from the sale of electricity so produced. (5) Secretary.--The term ``Secretary'' means the Secretary of Defense.", "summary": "National Defense Energy Savings Act of 2003 - Authorizes the Secretary of Defense to: (1) enter into an energy savings performance contract (for a period of up to 25 years) for the sole purpose of achieving ancillary energy savings and benefits; and (2) incur obligations under the contract to finance energy conservation measures so long as guaranteed savings exceed the debt service requirements. Directs the Secretary to issue final rules establishing implementation procedures and methods that meet specified requirements. Authorizes the Secretary to implement a pilot program to enter into up to ten energy savings performance contracts in nonbuilding applications."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Improved Passenger Automobile Fuel Economy Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--40 MPG STANDARD BY 2017 Sec. 101. Cafe standards for passenger automobiles. Sec. 102. Fuel economy standard credits. Sec. 103. Authorization of appropriations. Sec. 104. Effective date. TITLE II--MARKET-BASED INITIATIVES FOR GREENHOUSE GAS REDUCTION Sec. 201. Market-based initiatives. Sec. 202. Implementing panel. Sec. 203. Definitions. TITLE I--40 MPG STANDARD BY 2017 SEC. 101. CAFE STANDARDS FOR PASSENGER AUTOMOBILES. (a) Average Fuel Economy Standards for Automobiles.--Section 32902 of title 49, United States Code, is amended-- (1) by striking subsections (b) and (c) and inserting the following: ``(b) Passenger Automobiles.-- ``(1) In general.--At least 18 months before the beginning of each model year, the Secretary of Transportation shall prescribe by regulation average fuel economy standards for passenger automobiles manufactured by a manufacturer in that model year. Each standard shall be the maximum feasible average fuel economy level that the Secretary decides the manufacturers can achieve in that model year. The Secretary may prescribe separate standards for different classes of passenger automobiles. ``(2) Minimum standard.--Except as provided in paragraph (3), in prescribing a standard under paragraph (1), the Secretary shall ensure that no manufacturer's standard for a particular model year is less than the greater of-- ``(A) the standard in effect on the date of enactment of the Improved Passenger Automobile Fuel Economy Act of 2007; or ``(B) a standard established in accordance with the requirement of section 104(c)(2) of that Act. ``(3) 40 miles per gallon standard for model year 2017.-- The Secretary shall prescribe an average fuel economy standard for passenger automobiles manufactured by a manufacturer in model year 2017 of 40 miles per gallon. If the Secretary determines that more than 1 manufacturer is not reasonably expected to achieve that standard, the Secretary shall notify the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce of that determination. ``(c) Flexibility of Authority.-- ``(1) In general.--The authority of the Secretary to prescribe by regulation average fuel economy standards for automobiles under this section includes the authority to prescribe standards based on one or more vehicle attributes that relate to fuel economy, and to express the standards in the form of a mathematical function. The Secretary may issue a regulation prescribing standards for one or more model years. ``(2) Required lead-time.--When the Secretary prescribes an amendment to a standard under this section that makes an average fuel economy standard more stringent, the Secretary shall prescribe the amendment at least 18 months before the beginning of the model year to which the amendment applies. ``(3) No across-the-board increases.--When the Secretary prescribes a standard, or prescribes an amendment under this section that changes a standard, the standard may not be expressed as a uniform percentage increase from the fuel- economy performance of automobile classes or categories already achieved in a model year by a manufacturer.''; (2) by inserting ``motor vehicle safety, emissions,'' in subsection (f) after ``economy,''; (3) by striking ``energy.'' in subsection (f) and inserting ``energy and reduce its dependence on oil for transportation.''; (4) by striking subsection (j) and inserting the following: ``(j) Notice of Final Rule.--Before taking final action on a standard or an exemption from a standard under this section, the Secretary of Transportation shall notify the Secretary of Energy and the Administrator of the Environmental Protection Agency and provide them a reasonable time to comment on the standard or exemption.''; and (5) by adding at the end thereof the following: ``(k) Costs-Benefits.--The Secretary of Transportation may not prescribe an average fuel economy standard under this section that imposes marginal costs that exceed marginal benefits, as determined at the time any change in the standard is promulgated.''. (b) Exemption Criteria.--The first sentence of section 32904(b)(6)(B) of title 49, United States Code, is amended-- (1) by striking ``exemption would result in reduced'' and inserting ``manufacturer requesting the exemption will transfer''; (2) by striking ``in the United States'' and inserting ``from the United States''; and (3) by inserting ``because of the grant of the exemption'' after ``manufacturing''. (c) Conforming Amendments.-- (1) Section 32902 of title 49, United States Code, is amended-- (A) by striking ``or (c)'' in subsection (d)(1); (B) by striking ``(c),'' in subsection (e)(2); (C) by striking ``subsection (a) or (d)'' each place it appears in subsection (g)(1) and inserting ``subsection (a), (b), or (d)''; (D) by striking ``(1) The'' in subsection (g)(1) and inserting ``The''; (E) by striking subsection (g)(2); and (F) by striking ``(c),'' in subsection (h) and inserting ``(b),''. (2) Section 32903 of such title is amended by striking ``section 32902(b)-(d)'' each place it appears and inserting ``subsection (b) or (d) of section 32902''. (3) Section 32904(a)(1)(B) of such title is amended by striking ``section 32902(b)-(d)'' and inserting ``subsection (b) or (d) of section 32902''. (4) The first sentence of section 32909(b) of such title is amended to read ``The petition must be filed not later than 59 days after the regulation is prescribed.''. (5) Section 32917(b)(1)(B) of such title is amended by striking ``or (c)''. SEC. 102. FUEL ECONOMY STANDARD CREDITS. (a) In General.--Section 32903 of title 49, United States Code, is amended by striking the second sentence of subsection (a) and inserting ``The credits-- ``(1) may be applied to any of the 3 model years immediately following the model year for which the credits are earned; or ``(2) transferred to the registry established under section 201 of the Improved Passenger Automobile Fuel Economy Act of 2007.''. (b) Greenhouse Gas Credits Applied to CAFE Standards.--Section 32903 of title 49, United States Code, is amended by adding at the end the following: ``(g) Greenhouse Gas Credits.-- ``(1) In general.--A manufacturer may apply credits purchased through the registry established by section 201 of the Improved Passenger Automobile Fuel Economy Act of 2007 toward any model year after model year 2010 under subsection (d), subsection (e), or both. ``(2) Limitation.--A manufacturer may not use credits purchased through the registry to offset more than 10 percent of the fuel economy standard applicable to any model year.''. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this title and chapter 329 of title 49, United States Code, as amended by this title. SEC. 104. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this title, and the amendments made by this title, take effect on the date of enactment of this Act. (b) Transition for Passenger Automobile Standard.--Notwithstanding subsection (a), and except as provided in subsection (c)(2), until the effective date of a standard for passenger automobiles that is issued under the authority of section 32902(b) of title 49, United States Code, as amended by this Act, the standard or standards in place for passenger automobiles under the authority of section 32902 of that title, as that section was in effect on the day before the date of enactment of this Act, shall remain in effect. (c) Rulemaking.-- (1) Initiation of rulemaking under amended law.--Within 60 days after the date of enactment of this Act, the Secretary of Transportation shall initiate a rulemaking for passenger automobiles under section 32902(b) of title 49, United States Code, as amended by this Act. (2) Amendment of existing standard.--Until the Secretary issues a final rule pursuant to the rulemaking initiated in accordance with paragraph (1), the Secretary shall amend the average fuel economy standard prescribed pursuant to section 32092(b) of title 49, United States Code, with respect to passenger automobiles in model years to which the standard adopted by such final rule does not apply. TITLE II--MARKET-BASED INITIATIVES FOR GREENHOUSE GAS REDUCTION SEC. 201. MARKET-BASED INITIATIVES. (a) Establishment of Registry for Voluntary Trading Systems.--The Secretary of Commerce shall establish a national registry system for greenhouse gas trading among industry under which emission reductions from the applicable baseline are assigned unique identifying numerical codes by the registry. Participation in the registry is voluntary. Any entity conducting business in the United States may register its emission results, including emissions generated outside of the United States, on an entity-wide basis with the registry, and may utilize the services of the registry. (b) Purposes.--The purposes of the national registry are-- (1) to encourage voluntary actions to reduce greenhouse gas emissions and increase energy efficiency, including increasing the fuel economy of passenger automobiles and light trucks and reducing the reliance by United States markets on petroleum produced outside the United States used to provide vehicular fuel; (2) to enable participating entities to record voluntary greenhouse gas emissions reductions; in a consistent format that is supported by third party verification; (3) to encourage participants involved in existing partnerships to be able to trade emissions reductions among partnerships; (4) to further recognize, publicize, and promote registrants making voluntary and mandatory reductions; (5) to recruit more participants in the program; and (6) to help various entities in the nation establish emissions baselines. (c) Functions.--The national registry shall carry out the following functions: (1) Referrals.--Provide referrals to approved providers for advice on-- (A) designing programs to establish emissions baselines and to monitor and track greenhouse gas emissions; and (B) establishing emissions reduction goals based on international best practices for specific industries and economic sectors. (2) Uniform reporting format.--Adopt a uniform format for reporting emissions baselines and reductions established through-- (A) the Director of the National Institute of Standards and Technology for greenhouse gas baselines and reductions generally; and (B) the Secretary of Transportation for credits under section 32903 of title 49, United States Code. (3) Record maintenance.--Maintain a record of all emission baselines and reductions verified by qualified independent auditors. (4) Encourage participation.--Encourage organizations from various sectors to monitor emissions, establish baselines and reduction targets, and implement efficiency improvement and renewable energy programs to achieve those targets. (5) Public awareness.--Recognize, publicize, and promote participants that-- (A) commit to monitor their emissions and set reduction targets; (B) establish emission baselines; and (C) report on the amount of progress made on their annual emissions. (d) Transfer of Reductions.--The registry shall-- (1) allow for the transfer of ownership of any reductions realized in accordance with the program; and (2) require that the registry be notified of any such transfer within 30 days after the transfer is effected. (e) Future Considerations.--Any reductions achieved under this program shall be credited against any future mandatory greenhouse gas reductions required by the government. Final approval of the amount and value of credits shall be determined by the agency responsible for the implementation of the mandatory greenhouse gas emission reduction program, except that credits under section 32903 of title 49, United States Code, shall be determined by the Secretary of Transportation. The Secretary of Commerce shall by rule establish an appeals process, that may incorporate an arbitration option, for resolving any dispute arising out of such a determination made by that agency. (f) CAFE Standards Credits.--The Secretary of Transportation shall work with the Secretary of Commerce and the implementing panel established by section 202 to determine the equivalency of credits earned under section 32903 of title 49, United States Code, for inclusion in the registry. The Secretary shall by rule establish an appeals process, that may incorporate an arbitration option, for resolving any dispute arising out of such a determination. SEC. 202. IMPLEMENTING PANEL. (a) Establishment.--There is established within the Department of Commerce an implementing panel. (b) Composition.--The panel shall consist of-- (1) the Secretary of Commerce or the Secretary's designee, who shall serve as Chairperson; (2) the Secretary of Transportation or the Secretary's designee; and (3) 1 expert in the field of greenhouse gas emissions reduction, certification, or trading from each of the following agencies-- (A) the Department of Energy; (B) the Environmental Protection Agency; (C) the Department of Agriculture; (D) the National Aeronautics and Space Administration; (E) the Department of Commerce; and (F) the Department of Transportation. (c) Experts and Consultants.--Any member of the panel may secure the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, for greenhouse gas reduction, certification, and trading experts in the private and non-profit sectors and may also utilize any grant, contract, cooperative agreement, or other arrangement authorized by law to carry out its activities under this subsection. (d) Duties.--The panel shall-- (1) implement and oversee the implementation of this section; (2) promulgate-- (A) standards for certification of registries and operation of certified registries; and (B) standards for measurement, verification, and recording of greenhouse gas emissions and greenhouse gas emission reductions by certified registries; (3) maintain, and make available to the public, a list of certified registries; and (4) issue rulemakings on standards for measuring, verifying, and recording greenhouse gas emissions and greenhouse gas emission reductions proposed to the panel by certified registries, through a standard process of issuing a proposed rule, taking public comment for no less than 30 days, then finalizing regulations to implement this act, which will provide for recognizing new forms of acceptable greenhouse gas reduction certification procedures. (e) Certification and Operation Standards.--The standards promulgated by the panel shall include-- (1) standards for ensuring that certified registries do not have any conflicts of interest, including standards that prohibit a certified registry from-- (A) owning greenhouse gas emission reductions recorded in any certified registry; or (B) receiving compensation in the form of a commission where sources receive money for the total number of tons certified; (2) standards for authorizing certified registries to enter into agreements with for-profit persons engaged in trading of greenhouse gas emission reductions, subject to paragraph (1); and (3) such other standards for certification of registries and operation of certified registries as the panel determines to be appropriate. (f) Measurement, Verification, and Recording Standards.--The standards promulgated by the panel shall provide for, in the case of certified registries-- (1) ensuring that certified registries accurately measure, verify, and record", "summary": "Improved Passenger Automobile Fuel Economy Act of 2007 - Revises minimum corporate average fuel economy (CAFE) standards for passenger automobiles to direct the Secretary of Transportation, for each model year, to prescribe minimum CAFE standards for passenger automobiles, with the minimum standard being the current standard of 27.5 miles per gallon. Requires a CAFE standard of 40 miles per gallon for passenger automobiles manufactured in model year 2017. Authorizes credits earned by a manufacturer when the average fuel economy of passenger automobiles manufactured by a manufacturer in a particular model year exceeds an applicable established average fuel economy standard to be applied to any of the three model years immediately following (currently, before) the model year in which such credits are earned, or transferred to a national registry system for greenhouse gases. Authorizes a manufacturer to apply credits purchased through the registry (greenhouse gas credits) toward applicable CAFE standards for passenger or non-passenger automobiles after model year 2010. Establishes a national greenhouse registry to encourage voluntary actions to monitor and reduce greenhouse gas emissions and increase energy efficiency. Establishes within the Department of Commerce an implementing panel to, among other things promulgate standards for: (1) certification of registries and operation of certified registries; and (2) measurement, verification, and recording of greenhouse gas emissions and greenhouse gas emission reductions by certified registries."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Credit Reporting Act Amendments of 2000''. SEC. 2. FREE CREDIT REPORT ANNUALLY UPON REQUEST OF CONSUMER. Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c) Free Credit Report Annually Upon Request of Consumer.--Upon the request of any consumer, each consumer reporting agency shall make all disclosures pursuant to section 609 without charge to such consumer at least once each calendar year.''. (b) Technical and Conforming Amendment.--Section 612(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681j(a)(1)) is amended by striking ``(c), and (d)'' and inserting ``(c), (d), and (e)''. SEC. 3. DISCLOSURE OF WORLD WIDE WEB SITE. Section 609(c)(9)(1)(B) of the Fair Credit Reporting Act (15 U.S.C. 1681(c)(1)(B)) is amended by inserting ``and information sufficient to allow the consumer to contact the agency, or request a consumer report relating to the consumer from the agency, through the Internet or the World Wide Web'' before the period at the end. SEC. 4. DISCLOSURE OF CREDIT SCORES AND EXPLANATION OF CREDIT SCORES. Section 609(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)(1)) is amended to read as follows: ``(1) All information in the consumer's file at the time of the request, including any information concerning credit scores or any other risk scores or predictors relating to the consumer, together with-- ``(A) a clear and concise summary of how the scores and predictors are derived; ``(B) the factors taken into account in deriving a score or predictor; ``(C) how such factors are applied to the consumer; ``(D) the relative weight given to each factor; and ``(E) the manner and extent to which such factors raise or lower the score or predictor.'' SEC. 5. SHORTER PERIOD FOR INCLUSION OF SMALL DEBTS UNDER CERTAIN CIRCUMSTANCES. Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following new paragraph: ``(6) Notwithstanding paragraph (4), any account placed for collection or charged to profit and loss in which the amount placed to collection or charged to profit and loss did not exceed $100 and which antedates the report by more than 3 years, if-- ``(A) the consumer to whom the report relates completed a credit and financial management class during such 3-year period; and ``(B) the consumer has not previously had an account excluded from paragraph (4) by virtue of this paragraph.''. SEC. 6. PROMPT INVESTIGATION AND CORRECTION OR DELETION OF INACCURATE, INCOMPLETE, OR UNVERIFIABLE CONSUMER INFORMATION. (A) Review and Monitoring Required.--The Board of Governors of the Federal Reserve System and the Federal Trade Commission shall each review and monitor the extent to which, and the manner in which, consumer reporting agencies and furnishers of consumer information to consumer reporting agencies are complying with the procedures, time lines, and requirements under the Fair Credit Reporting Act for the prompt investigation of the disputed accuracy of any consumer information and the prompt correction or deletion, in accordance with such Act, of any inaccurate or incomplete information or information that cannot be verified. (b) Report Required.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System and the Federal Trade Commission shall each submit a progress report to the Congress on the results of the review required under subsection (a). (c) Recommendations.--The report under subsection (b) shall include such recommendations as the Board and the Commission determine to be appropriate for legislative or administrative action to ensure that-- (1) consumer disputes with consumer reporting agencies over the accuracy or completeness of information in a consumer's file are promptly and fully investigated and any incorrect, incomplete, or unverifiable information is immediately corrected or deleted; (2) furnishers of information to consumer reporting agencies maintain full and prompt compliance with the duties and responsibilities established under section 623 of the Fair Credit Reporting Act; and (3) consumer reporting agencies establish and maintain appropriate internal controls and management review procedures for maintaining full and continuous compliance with the procedures, time lines, and requirements under the Fair Credit Reporting Act for the prompt investigation of the disputed accuracy of any consumer information and the prompt correction or deletion, in accordance with such Act, of any inaccurate or incomplete information or information that cannot be verified. (d) Definitions.--For purposes of this section, the terms ``consumer'', ``consumer report'', and ``consumer reporting agency'' have the same meaning as in the Fair Credit Reporting Act. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.", "summary": "Prohibits the inclusion of certain small debts in a consumer report under specified circumstances. Directs the Board of Governors of the Federal Reserve System and the Federal Trade Commission to: (1) monitor and review the extent to which consumer reporting agencies and purveyors of information to such agencies comply with FCRA requirements for the prompt investigation of matters in dispute and the prompt correction of inaccurate or incomplete information, or information that cannot be verified; and (2) present a progress report to Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Energy Communities Development Act of 2010''. SEC. 2. RURAL ENERGY COMMUNITIES LOAN PROGRAM. (a) Authority.--The Secretary of Agriculture may make loans pursuant to section 306(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926), to eligible communities for essential community facilities (as such term is defined in section 3570.53 of title 7, Code of Federal Regulations or any successor regulation to such section), for any purpose described in subsection (c). (b) Eligible Communities.--For purposes of this section, an eligible community-- (1) is a city, town, or incorporated area that has a population of less than 20,000 individuals; and (2) has, during the period from January 1999 through December 2009, experienced net job growth in the energy sector of not less than 20 percent, as determined by the Bureau of the Census or a State agency that collects information on such growth. (c) Use of Loan Funds.--An eligible community may use funds provided from a loan under this section for any of the following purposes: (1) Essential community facilities, including-- (A) the conservation, development, use, and control of water; (B) the installation or improvement of drainage or waste disposal facilities; (C) transportation facilities; and (D) affordable housing (as determined by the Secretary). (2) Land acquisition for such facilities. (3) Municipal staff necessary to carry out projects for such facilities. (4) Updates to comprehensive plans or housing plans of the community. (d) Application.--To be eligible to receive a loan under this section, an eligible community shall submit to the Secretary an application at such time and in such manner as the Secretary shall require that contains, in addition to any other information the Secretary may require, the following information: (1) The identification of projects for which loan funds will be used. (2) A certification that loan funds will be used only for the purposes described in subsection (c). (3) Documentation demonstrating the legal capacity and financial ability of the community to repay the loan. Such documentation shall include-- (A) evidence that the community has a dedicated source of revenue from any energy tax revenue it receives from the State; (B) an estimate of any energy tax revenue the community expects to receive during the 10-year period beginning on the first day of the first fiscal year that begins after the date funds from the loan are made available to the eligible community from the State office, if any, that distributes energy tax revenue to energy-producing communities; and (C) documentation of any non-Federal supplemental funds to be made available for essential community facilities to be funded with loan amounts received under this section. (e) Priority Treatment.--In approving applications for loans under this section, the Secretary shall give priority to any applicant acting on behalf of an eligible community, that-- (1) has submitted to the Secretary completed plans or studies that identify specific infrastructure or capacity needs that will be addressed by projects funded with the loan amounts received under this section; or (2) demonstrates that projects funded with loan amounts received under this section will be carried out with regional cooperation with adjacent jurisdictions. (f) Loan Terms.-- (1) Amount.--The principal amount of any loan under this section may not exceed the lesser of-- (A) $20,000,000; or (B) 80 percent of the energy tax revenue that the applicant expects to receive during the period described in subsection (d)(2)(B). (2) Interest rate.--Interest rates on loans under this section shall be subject to the provisions of section 307(a)(4) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1927(a)(4)) applicable to loans under sections 306(a)(1) and 310B of such Act (7 U.S.C. 1926(a) and 1932). (3) Term to maturity.--The period for repayment of loans under this section shall not be longer than 15 years. (g) Forgiveness.--If an applicant is unable to repay the full balance of the loan it receives under this section because circumstances beyond the control of the applicant prevented the applicant from collecting the amount of expected energy tax revenue specified in the application submitted under subsection (c), the Secretary may forgive an amount that equals not more than 50 percent of the remaining balance of such loan. (h) Report.--Each year, until the loan an eligible community receives under this section is repaid, such community shall submit to the Secretary of Agriculture a report. Each report shall contain a description of the progress made on each project or investment financed with funds received from a loan under this section. (i) Appropriations.--For costs (as such term is defined under section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of loans under this section, there are authorized to be appropriated an aggregate of $75,000,000 for fiscal year 2011 and 2012. (j) Maximum Amount of Commitments.--The Secretary may not make loans under this section or enter into commitments to make such loans, the total amount of which, exceeds $400,000,000. (k) Sunset.--The Secretary may not make or enter into a commitment to make a loan under this section after September 30, 2012. SEC. 3. WAIVER OF INCOME MAXIMUMS FOR SELECTED USDA RURAL DEVELOPMENT PROGRAMS. (a) Section 502 Loans.--For each of fiscal years 2011 through 2016, with respect to an applicant for a direct loan or a guaranteed loan under section 502 of the Housing Act of 1949 (42 U.S.C. 1472), who resides in an eligible community described in section 2(b)-- (1) the Secretary shall waive any income limitations related to obtaining a loan under section 502 of such Act (42 U.S.C. 1472); and (2) the requirement related to eligibility of borrowers under section 502(h)(3) of such Act (42 U.S.C. 1472(h)(3)) shall not apply. (b) Site Loans; Multi-Family Housing Loans.--For each of fiscal years 2011 through 2016, the following shall apply: (1) Section 524.--Any organization or tribe receiving a loan under section 524 of the Housing Act of 1949 (42 U.S.C. 1490d) shall waive any income limitations related to the occupancy of any housing built on any building site that is located in an eligible community described in section 2(b) of this Act and that is financed by such loan. (2) Section 538.--Any organization, State agency, subdivision thereof, Indian tribe, or private entity that receives a loan under section 538 of such Act (42 U.S.C. 1490p- 2) shall waive any income limitations related to the occupancy of any housing that is located in an eligible community described in section 2(b) of this Act and for which the development costs were funded by such a loan.", "summary": "Rural Energy Communities Development Act of 2010 - Authorizes the Secretary of Agriculture (USDA) to make water and waste facility loans to an eligible city, town, or incorporated area with a population of less than 20,000 that has, from January 1999 through December 2009, experienced energy sector job growth of not less than 20%. Makes such loans available for: (1) essential community facilities, including water conservation, waste disposal facilities, transportation facilities, and affordable housing; (2) land acquisition; (3) staff; and (4) comprehensive community or housing plan updates. Prohibits the Secretary from making or entering into a loan commitment after September 30, 2012. Directs the Secretary to waive income limitations for FY2011-FY2016 for certain: (1) rural housing loans, including Doug Bereuter single-family housing loan guarantees; (2) low- and moderate-income rural housing loans; and (3) multifamily rural rental housing loan guarantees."}
{"article": "SECTION 1. SMALL BUSINESS EXPENSING PROVISIONS MADE PERMANENT. (a) Increase in Small Business Expensing Made Permanent.-- (1) In general.--Subsection (b) of section 179 of the Internal Revenue Code of 1986 (relating to limitations) is amended-- (A) by striking ``$25,000 ($125,000 in the case of taxable years beginning after 2006 and before 2011)'' in paragraph (1) and inserting ``$500,000'', and (B) by striking ``$200,000 ($500,000 in the case of taxable years beginning after 2006 and before 2011)'' in paragraph (2) and inserting ``$1,000,000''. (2) Conforming amendment.--Section 179(b) of such Code is amended by striking paragraph (7). (b) Expensing for Computer Software Made Permanent.--Clause (ii) of section 179(d)(1)(A) of such Code is amended by striking ``and which is placed in service in a taxable year beginning after 2002 and before 2011,''. (c) Inflation Adjustment.-- (1) So much of subparagraph (A) of section 179(b)(5) of such Code as precedes clause (i) thereof is amended to read as follows: ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2009, the $500,000 and $1,00,000 amounts in paragraphs (1) and (2) shall each be increased by an amount equal to--''. (2) Section 179(b)(5)(A)(ii) of such Code is amended by striking ``2006'' and inserting ``2008''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 2. DEDUCTION FOR PURCHASE OF DOMESTICALLY MANUFACTURED AUTOMOBILES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. DEDUCTION FOR PURCHASE OF DOMESTICALLY MANUFACTURED AUTOMOBILES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the cost of any qualified automobile placed in service by the taxpayer during the taxable year. ``(b) Limitation Per Vehicle.--The amount of the deduction allowed under subsection (a) for any vehicle shall not exceed $10,000. ``(c) Qualified Automobile.--For purposes of this section-- ``(1) In general.--The term `qualified automobile' means any motor vehicle-- ``(A) the final assembly of which is in the United States by a manufacturer, ``(B) the original use of which commences with the taxpayer, and ``(C) which is acquired for use by the taxpayer and not for resale. ``(2) Motor vehicle.--For purposes of paragraph (1), the term `motor vehicle' means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. ``(d) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a deduction is allowable under subsection (a) shall be reduced by the amount of such deduction. ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any deduction allowable under subsection (a) with respect to any property which ceases to be property eligible for such deduction. ``(3) Property used outside united states, etc., not qualified.--No deduction shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Property used in trade or business.--No deduction shall be allowed under subsection (a) with respect to any property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.). ``(e) Denial of Double Benefit.--No deduction shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2010.''. (b) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 224. Deduction for purchase of domestically manufactured automobiles. ``Sec. 225. Cross reference.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years ending after the date of the enactment of this Act.", "summary": "Amends the Internal Revenue Code to: (1) increase and make permanent the expensing allowance for depreciable business assets; and (2) allow a tax deduction, up to $10,000, for the purchase of a motor vehicle manufactured in the United States. Terminates such tax deduction after 2010."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act'' or the ``AIRWAVES Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the United States should strive to-- (1) advance innovation with respect to, and investment in, wireless broadband Internet access; (2) promote the benefits of connecting all individuals in the United States to quality wireless broadband Internet access, including those individuals in rural communities; and (3) support comprehensive, technology-neutral spectrum policy that includes licensed, unlicensed, and shared use of spectrum bands. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; and (C) any other congressional committee with jurisdiction over a matter; (2) the term ``Commission'' means the Federal Communications Commission; (3) the term ``eligible Federal entity'' means an entity described in section 113(g)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(1)); (4) the term ``eligible frequency'' means a frequency with respect to which the costs incurred by an eligible Federal entity in relocating from the frequency may be reimbursed from the Spectrum Relocation Fund; (5) the term ``Federal entity'' has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)); (6) the term ``NTIA'' means the National Telecommunications and Information Administration; (7) the term ``Spectrum Frontiers proceeding'' means the Report and Order and Further Notice of Proposed Rulemaking in the matter of Use of Spectrum Bands Above 24 GHz for Mobile Radio Services, adopted by the Commission on July 14, 2016 (FCC 16-89); (8) the term ``Spectrum Relocation Fund'' means the fund established under section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928); and (9) the term ``system of competitive bidding'' means a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). SEC. 4. SPECTRUM FRONTIERS PROCEEDING. Not later than 1 year after the date of enactment of this Act, the Commission shall complete the rule making to which the Spectrum Frontiers proceeding relates. SEC. 5. EXPANDING ACCESS TO COMMERCIAL SPECTRUM. (a) FCC Responsibilities.-- (1) In general.--The Commission, in consultation with the NTIA, shall-- (A) not later than December 31, 2018, complete a system of competitive bidding to grant priority access licenses for the use of 70 megahertz of spectrum in the frequencies between 3550 megahertz and 3650 megahertz; (B) not later than December 31, 2018, complete a system of competitive bidding for the use of spectrum in frequencies between-- (i) 24250 megahertz and 24450 megahertz; (ii) 24750 megahertz and 25250 megahertz; (iii) 27500 megahertz and 28350 megahertz, consistent with the spectrum sharing framework adopted for that frequency band as part of the Spectrum Frontiers proceeding; (iv) 37600 megahertz and 38600 megahertz; (v) 38600 megahertz and 40000 megahertz; and (vi) 47200 megahertz and 48200 megahertz; and (C) not later than December 31, 2020, complete a system of competitive bidding for the use of spectrum in frequencies between-- (i) 31800 megahertz and 33400 megahertz; (ii) 42000 megahertz and 42500 megahertz; and (iii) 50400 megahertz and 52600 megahertz. (2) Requirements relating to 3550-3700 mhz band.-- Consistent with the Commission's rules governing the Citizens Broadband Radio Service and the Report and Order and Second Further Notice of Proposed Rulemaking in the matter of Amendment of the Commission's Rules with Regard to Commercial Operations in the 3550-3650 MHz Band, adopted by the Commission on April 17, 2015 (FCC 15-47)-- (A) 30 megahertz of spectrum in the frequencies between 3550 megahertz and 3650 megahertz shall be reserved for general authorized access use; and (B) the frequencies between 3650 megahertz and 3700 megahertz shall be reserved for grandfathered wireless broadband licensees and general authorized access users. (b) Identifying Frequencies Between 7125 Megahertz and 8400 Megahertz To Be Utilized for Unlicensed Purposes.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the NTIA, in consultation with the Commission, shall identify any frequency between 7125 megahertz and 8400 megahertz with respect to which there is the potential for unlicensed use without causing harmful interference with incumbents. (2) Rule making.--If the NTIA, in consultation with the Commission, makes an identification described in paragraph (1), the Commission shall consider initiating a rule making with respect to the unlicensed use described in that paragraph. (c) Report on Reallocation of Certain Incumbent Federal Stations.-- (1) In general.--Not later than December 31, 2020, the NTIA, in consultation with the Director of the Office of Management and Budget, shall submit to the appropriate committees of Congress a report relating to the relocation of incumbent Federal stations authorized to use spectrum in the frequencies between 1300 megahertz and 1350 megahertz and between 1780 megahertz and 1830 megahertz in order to facilitate the reallocation of such spectrum from Federal to non-Federal use. (2) Timing.--The relocation described in paragraph (1) with respect to the frequencies between 1780 megahertz and 1830 megahertz shall take place not earlier than 2023. (d) Amendments to the Spectrum Pipeline Act of 2015.--Section 1004 of the Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note) is amended-- (1) in subsection (a), by striking ``30 megahertz'' and inserting ``100 megahertz''; and (2) in subsection (c)(1)(B), by striking ``July 1, 2024'' and inserting ``July 1, 2023''. SEC. 6. MODERNIZING MID-BAND SPECTRUM. (a) In General.-- (1) Spectrum identification.--Not later than December 31, 2019, the Commission, in consultation with the NTIA, shall identify up to 500 megahertz of additional spectrum in the frequencies between 3700 megahertz and 4200 megahertz to make available for commercial licensed use. (2) Spectrum auction.--Not later than December 31, 2022, the Commission shall complete a system of competitive bidding for the use of spectrum identified under paragraph (1). (b) Rule Making on the Unlicensed Use of the Frequency Band Between 5925 Megahertz and 7125 Megahertz.--Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the NTIA, shall issue a notice of proposed rule making with respect to creating opportunities for the unlicensed use of spectrum in the frequencies between 5925 and 7125 megahertz without causing harmful interference with any incumbents in that band. SEC. 7. RURAL SET-ASIDE. (a) In General.--Notwithstanding section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Commission shall allocate 10 percent of the proceeds from each system of competitive bidding conducted under this Act for the deployment of wireless infrastructure in areas that the Commission has determined are underserved or unserved with respect to wireless broadband Internet access service. (b) Limitations.--No amounts allocated under subsection (a) may be combined with amounts that are used to fund any other program that is in existence on the date on which the allocation is made, including any program established under section 254 of the Communications Act of 1934 (47 U.S.C. 254). SEC. 8. SPECIAL RULES. With respect to any frequency band described in this Act (in this section referred to as the ``covered band''), if the relocation of an incumbent from the covered band to another equivalent frequency band is not possible, and if the Commission determines that no mitigation technology, alternative sharing approach, or incentives-based approach would reliably prevent harmful interference to incumbents in the covered band, the Commission-- (1) shall provide notification of that determination to the appropriate committees of Congress and the NTIA; and (2) may not proceed with any action, including relocating incumbents from the covered band or permitting new entrants into the covered band, that may result in the dislodging or harming of any incumbent in the covered band until the Commission can ensure that any such action will neither cause harmful interference with nor unreasonably constrain an incumbent in the covered band. SEC. 9. COMMISSION STUDY ON ENHANCING THE BENEFITS OF UNLICENSED SPECTRUM FOR RURAL COMMUNITIES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commission shall conduct, and submit to the appropriate committees of Congress the results of, a study regarding how unlicensed spectrum can be further utilized to assist in-- (1) the provision of healthcare in rural areas; (2) distance learning; and (3) facilitating innovations in agriculture. (b) Recommendations.--The results of the study submitted under subsection (a) shall include recommendations regarding-- (1) overcoming barriers to the use of unlicensed spectrum for the purposes described in that subsection; and (2) how to further utilize unlicensed spectrum to meet the needs of rural communities with respect to broadband Internet access service. SEC. 10. GAO STUDY ON SPECTRUM RELOCATION FUND ALLOCATIONS. Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the appropriate committees of Congress the results of, a study to determine the efficiency with which amounts in the Spectrum Relocation Fund are transferred to eligible Federal entities that willingly relocate from eligible frequencies. SEC. 11. RULES OF CONSTRUCTION. (a) Frequency Ranges.--Any frequency range described in this Act shall be construed as including the upper and lower frequency in the frequency range. (b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing in this Act may be construed as affecting any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note).", "summary": "Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act or the AIRWAVES Act This bill requires the Federal Communications Commission (FCC) to complete auctions by December 31, 2020, that will grant priority access broadcast licenses for specified frequency spectrum bands. The FCC and the National Telecommunications and Information Administration are directed to identify frequencies in specified spectrum bands that may be utilized for non-federal unlicensed use and commercial licensed use. The FCC must allocate 10% of proceeds from each of the spectrum band auctions specified in the bill to expand wireless infrastructure in rural areas that are underserved or unserved. The FCC shall conduct a study on how unlicensed frequency spectrum bands can be utilized for: (1) the provision of healthcare in rural areas, (2) distance learning, and (3) facilitating innovations in agriculture."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``State Veterans Home Nurse Recruitment Act of 2004''. SEC. 2. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT STATE VETERANS HOMES. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1743 the following new section: ``Sec. 1744. Hiring and retention of nurses: payments to assist States ``(a) Payment Program.--The Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. ``(b) Eligible Recipients.--Payments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that year-- ``(1) receives per diem payments under this subchapter for that fiscal year; and ``(2) has in effect an employee incentive scholarship program or other employee incentive program at a State home designed to promote the hiring and retention of nursing staff and to reduce nursing shortages at that home. ``(c) Use of Funds Received.--A State may use an amount received under this section only to provide funds for a program described in subsection (b)(2). Any program shall meet such criteria as the Secretary may prescribe. In prescribing such criteria, the Secretary shall take into consideration the need for flexibility and innovation. ``(d) Limitations on Amount of Payment.--(1) A payment under this section may not be used to provide more than 50 percent of the costs for a fiscal year of the employee incentive scholarship or other incentive program for which the payment is made. ``(2) The amount of the payment to a State under this section for any fiscal year is, for each State home in that State with a program described in subsection (b)(2), the amount equal to 2 percent of the amount of payments estimated to be made to that State, for that State home, under section 1741 of this title for that fiscal year. ``(e) Applications.--A payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking the payment with respect to that State home. Any such application shall describe the nursing shortage at the State home and the employee incentive scholarship program or other incentive program described in subsection (c) for which the payment is sought. ``(f) Source of Funds.--Payments under this section shall be made from funds available for other payments under this subchapter. ``(g) Disbursement.--Payments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home. ``(h) Use of Certain Receipts.--The Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the State home's incentive program account and credited as a non-Federal funding source. ``(i) Annual Report From Payment Recipients.--Any State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment, including a descriptive analysis of how effective the incentive program has been on nurse staffing in the State home during that fiscal year. The report for any fiscal year shall be provided to the Secretary within 60 days of the close of the fiscal year and shall be subject to audit by the Secretary. Eligibility for a payment under this section for any later fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous year in accordance with this subsection. ``(j) Regulations.--The Secretary shall prescribe regulations to carry out this section. The regulations shall include the establishment of criteria for the award of payments under this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after section 1743 the following new item: ``1744. Hiring and retention of nurses: payments to assist States.''. (b) Implementation.--The Secretary of Veterans Affairs shall implement section 1744 of title 38, United States Code, as added by subsection (a), as expeditiously as possible. The Secretary shall establish such interim procedures as necessary so as to ensure that payments are made to eligible States under that section commencing not later than January 1, 2005, notwithstanding that regulations under subsection (j) of that section may not have become final.", "summary": "State Veterans Home Nurse Recruitment Act of 2004 - Amends Federal veterans' benefits provisions to direct the Secretary of Veterans Affairs to make payments to States for assisting State veterans' homes in the hiring and retention of nurses and the reduction of nursing shortages at such homes. Makes eligible for such assistance State homes that: (1) currently receive per diem payments from the Secretary for the care of veterans; and (2) have in effect an employee incentive scholarship or other program designed to promote the hiring and retention of nursing staff and reduce nursing shortages. Limits such assistance to no more than 50 percent of the fiscal year costs of such a program. Requires the assistance program to be implemented as expeditiously as possible, so that payments are made to eligible States commencing no later than January 1, 2005."}
{"article": "SECTION 1. SMALL MANUFACTURERS' COMPUTER HARDWARE AND SOFTWARE TAX CREDIT IN LIEU OF EXPENSING. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45R. SMALL MANUFACTURERS COMPUTER HARDWARE AND SOFTWARE TAX CREDIT. ``(a) In General.--For purposes of section 38, the small manufacturers' computer hardware and software credit determined under this section for the taxable year is the lesser of-- ``(1) 50 percent of the amount paid or incurred by the taxpayer during the taxable year for qualified computer hardware and software property; or ``(2) $35,000.00. ``(b) Qualified Computer Hardware and Software Property.--For purposes of this section, the term `qualified computer hardware and software property' means any computer hardware and software property for use in any small manufacturer located in the United States-- ``(1) the original use of which commences with the taxpayer; ``(2) which is property of a character subject to the allowance for depreciation; and ``(3) which is placed in service by the taxpayer after the date of the enactment of this section. ``(c) Computer Hardware.--For purposes of this section, the term `computer hardware' includes disk drives, integrated circuits, display screens, cables, modems, speakers, and printers. ``(d) Computer Software.--For purposes of this section, the term `computer software' means programs, programming languages, data that direct the operations of a computer system or network, enterprise resource planning software, manufacturing resource planning software, materials requirements planning software and software designed to enhance Internet capabilities. ``(e) Small Manufacturer.--For purposes of this section: ``(1) In general.--The term `small manufacturer' means-- ``(A) any unincorporated business, any partnership, or for-profit corporation; ``(B) with respect to a taxable year, any which employed an average of 50 or fewer employees on business days during the preceding calendar year. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the small business was in existence throughout such year. ``(2) Small manufacturers not in existence in preceding taxable year.--In the case of a small manufacturer which was not in existence throughout the preceding calendar year, the determination under paragraph (1) shall be based on the average number of employees that it is reasonably expected such employer or sole proprietor will employ on business days in the current calendar year. ``(f) Calculation of Number of Employees.--For purposes of subsection (e), the number of employees of a subsidiary of a wholly owned corporation includes the employees of-- ``(1) a parent corporation; and ``(2) any other subsidiary corporation of that parent corporation. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is determined under this section in connection with any expenditure for any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined. ``(h) Termination.--This section shall not apply with respect to any property placed in service after December 31, 2011.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the small manufacturers' computer hardware and software credit determined under section 45R(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(f) Small Manufacturers Computer Hardware and Software Credit.-- No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45R.''. (d) Allowance of Credit Against Alternative Minimum Tax.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and insert ``, and'', and by inserting after clause (viii) the following new clause: ``(ix) the credit determined under section 45R.''. (e) Transferability of Credit.--Nothing in any law or rule shall be construed to limit the transferability, through sale and repurchase agreements, of the credit allowed by reason of section 45R. (f) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2008.", "summary": "Amends the Internal Revenue Code to allow certain small manufacturers a tax credit for their computer hardware and software expenses. Limits such credit to the lesser of 50% of such expenses or $35,000. Terminates such credit after 2011."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Strengthening American Transportation Security Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; sense of Congress. Sec. 3. Definitions. Sec. 4. Conversion of screening personnel. Sec. 5. Transition rules. Sec. 6. Consultation requirement. Sec. 7. No right to strike. Sec. 8. Regulations. Sec. 9. Delegations to Administrator. Sec. 10. Authorization of appropriations. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) On September 11, 2001, 19 terrorists, who underwent airport security screening prior to boarding domestic flights, were able to commandeer 4 airplanes and use those airplanes to perpetrate the most deadly terrorist attack ever to be executed on United States soil. (2) In the aftermath of those attacks, Congress passed the Aviation and Transportation Security Act (Public Law 107-71), which was signed into law by President George W. Bush on November 19, 2001-- (A) to enhance the level of security screening throughout our aviation system; and (B) to transfer responsibility for such screening from the private sector to the newly established Transportation Security Administration (referred to in this section as ``TSA''). (3) By establishing TSA, Congress and the American public recognized that the highest level of screener performance was directly linked to employment and training standards, pay and benefits, and the creation of an experienced, committed screening workforce. (4) Section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) authorizes the Under Secretary of Transportation for Security to ``employ, appoint, discipline, terminate, and fix the compensation, terms, and conditions of employment of Federal service for such a number of individuals as the Under Secretary determines to be necessary to carry out the screening functions of the Under Secretary under section 44901 of title 49, United States Code''. The functions of the TSA were transferred to the Department of Homeland Security by section 403 of the Homeland Security Act of 2002 (6 U.S.C. 203). (5) TSA has interpreted the authorization set forth in paragraph (4) as applying to the majority of the Transportation Security Officer workforce performing screening functions, while all other Transportation Security Administration employees, including managers, are subject to title 5, United States Code, as incorporated in title 49 of such Code. (6) In November 2006, the International Labor Organization ruled that the Bush Administration violated international labor law when it prohibited Transportation Security Officers from engaging in collective bargaining. (7) After the Federal Labor Relations Board approved a petition for the election of an exclusive representative, on February 4, 2011, TSA Administrator John Pistole issued a binding determination stating that ``it is critical that every TSA employee feels that he or she has a voice and feels safe raising issues and concerns of all kinds. This is important not just for morale; engagement of every employee is critically important for security.''. (8) This determination was superseded by a second determination issued on December 29, 2014, which changed the previous guideline for collective bargaining and resulting in limitations in the subjects that can be bargained, issues in dispute that may be raised to an independent, third-party neutral decisionmaker (such as an arbitrator or the Merit Systems Protection Board), and barriers to union representation of the Transportation Security Officer workforce. (9) The 2011 and 2014 determinations both cited TSA's authority under section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) to create a personnel system that denies the Transportation Security Officer workforce the rights under title 5, United States Code, that are provided to most other Federal workers, including-- (A) the right to appeal adverse personnel decisions to the Merit Systems Protection Board; (B) fair pay under the General Services wage system, 2011; (C) fair pay and raises under the General Services wage system, including overtime guidelines, access to earned leave; (D) the application of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); (E) fair performance appraisals under chapter 73 of title 5, United States Code; and (F) direct protections against employment discrimination set forth in title 7, United States Code. (b) Sense of Congress.--It is the sense of Congress that-- (1) the personnel system utilized by the Transportation Security Administration pursuant to section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) provides insufficient workplace protections for the Transportation Security Officer workforce, who are the frontline personnel who secure our Nation's aviation system; and (2) such personnel should be entitled to the protections under title 5, United States Code. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the official within the Department of Homeland Security who is responsible for overseeing and implementing transportation security pursuant to the Aviation and Transportation Security Act, whether designated as the Assistant Secretary of Homeland Security (Transportation Security Administration), the Administrator of the Transportation Security Administration, the Undersecretary of Transportation for Security, or otherwise. (2) Agency.--The term ``agency'' means an Executive agency, as defined by section 105 of title 5, United States Code. (3) Conversion date.--The term ``conversion date'' means the date as of which paragraphs (1) through (3) of section 3(b) take effect. (4) Covered employee.--The term ``covered employee'' means an employee who holds a covered position. (5) Covered position.--The term ``covered position'' means-- (A) a position within the Transportation Security Administration; and (B) any position within the Department of Homeland Security, not described in subparagraph (A), the duties and responsibilities of which involve providing transportation security in furtherance of the purposes of the Aviation and Transportation Security Act (Public Law 107-71), as determined by the Secretary. (6) Employee.--The term ``employee'' has the meaning given such term by section 2105 of title 5, United States Code. (7) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (8) TSA personnel management system.--The term ``TSA personnel management system'' means any personnel management system established or modified under-- (A) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or (B) section 114(n) of title 49, United States Code. SEC. 4. CONVERSION OF SCREENING PERSONNEL. (a) Termination of Certain Personnel Authorities.-- (1) TSA personal management system.--Section 114 of title 49, United States Code, is amended by striking subsection (n). (2) Termination of flexibility in employment of screener personnel.--Section 111 of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended by striking subsection (d). (3) Human resources management system.-- (A) In general.--Section 9701 of title 5, United States Code, is amended-- (i) by redesignating subsection (h) as subsection (i); and (ii) by inserting after subsection (g) the following: ``(h) Limitation.--The human resources management system authorized under this section shall not apply to covered employees or covered positions (as such terms are defined in section 3 of the Strengthening American Transportation Security Act of 2016).''. (B) Effective date.--The amendments made by subparagraph (A) shall take effect on the date set forth in subsection (b). (b) Covered Employees and Positions Made Subject to Same Personnel Management System as Applies to Civil Service Employees Generally.--On the earlier of a date determined by the Secretary or 60 days after the date of the enactment of this Act-- (1) all TSA personnel management personnel policies, directives, letters, and guidelines, including the Determinations of February 2011 and December 2014 shall cease to be effective; (2) any human resources management system established or adjusted under section 9701 of title 5, United States Code, shall cease to be effective with respect to covered employees and covered positions; and (3) covered employees and covered positions shall become subject to the applicable labor provisions under title 49, United States Code. SEC. 5. TRANSITION RULES. (a) Nonreduction in Rate of Pay.--Any conversion of an employee from a TSA personnel management system to the provisions of law referred to in section 4(b)(3) shall be effected, under pay conversion rules prescribed by the Secretary, without any reduction in the rate of basic pay payable to such employee. (b) Preservation of Other Rights.--The Secretary shall take any necessary actions to ensure, for any covered employee as of the conversion date, that-- (1) all service performed by such covered employee before the conversion date is credited in the determination of such employee's length of service for purposes of applying the provisions of law governing leave, pay, group life and health insurance, severance pay, tenure, and status, which are made applicable to such employee under section 4(b)(3); (2) all annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to the covered employee immediately before the conversion date remains available to the employee, until used, while the employee remains continuously employed by the Department of Homeland Security; and (3) the Government share of any premiums or other periodic charges under the provisions of law governing group health insurance remains at the level in effect immediately before the conversion date while the employee remains continuously employed by the Department of Homeland Security. SEC. 6. CONSULTATION REQUIREMENT. (a) Exclusive Representative.--The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or successor organization shall be deemed the exclusive representative of full- and part-time nonsupervisory personnel carrying out screening functions under section 44901 of title 49, United States Code under chapter 71 of title 5, United States Code, with full rights under such chapter 71. (b) Consultation Rights.--Not later than 14 days after the date of the enactment of this Act, the Secretary shall-- (1) consult with the exclusive representative for employees under chapter 71 of title 5, United States Code, on the formulation of plans and deadlines to carry out the conversion of covered employees and covered positions under this Act; and (2) provide final written plans to the exclusive representative on how the Secretary intends to carry out the conversion of covered employees and covered positions under this Act, including with respect to-- (A) the proposed conversion date; and (B) measures to ensure compliance with section 5. (c) Required Agency Response.--If any views or recommendations are presented under subsection (b)(2) by the exclusive representative, the Secretary shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken. (d) Sunset Provision.--The provisions of this section shall cease to be effective as of the conversion date. SEC. 7. NO RIGHT TO STRIKE. Nothing in this Act may be construed-- (1) to repeal or otherwise affect-- (A) section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or (B) section 7311 of title 5, United States Code (relating to loyalty and striking); or (2) to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph (1). SEC. 8. REGULATIONS. The Secretary may prescribe any regulations that may be necessary to carry out this Act. SEC. 9. DELEGATIONS TO ADMINISTRATOR. The Secretary may, with respect to any authority or function vested in the Secretary under any of the preceding provisions of this Act, delegate any such authority or function to the Administrator of the Transportation Security Administration under such terms, conditions, and limitations, including the power of redelegation, as the Secretary considers appropriate. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.", "summary": "Strengthening American Transportation Security Act of 2016 This bill expresses the sense of Congress that the personnel system used by the Transportation Security Administration (TSA) provides insufficient workplace protections for its workforce and such personnel should be entitled to protections under the civil service system applicable to all federal employees. The bill repeals personnel authorities of the Department of Homeland Security (DHS) and the Department of Transportation governing the conditions of employment for TSA employees, thus making TSA employees subject to the personnel management system applicable to all other federal employees. Within 60 days after the enactment of this bill or an earlier date set by DHS: (1) all TSA personnel management policies, directives, letters, and guidelines and any DHS human resources management system shall cease to be effective with respect to TSA employees; and (2) TSA employees shall become subject to labor provisions applicable to other federal transportation employees. The bill sets forth transition rules that protect the pay rates and other rights of TSA employees. DHS shall consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of TSA employees and positions to the civil service system. The provisions of this bill do not affect the prohibitions against disloyalty and asserting the right to strike against the federal government."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Video Competition and Consumer Choice Act of 1998''. SEC. 2. CABLE PROGRAMMING SERVICES REGULATION. Section 623(c)(4) of the Communications Act of 1934 (47 U.S.C. 543(c)(4)) is amended to read as follows: ``(4) Sunset of upper tier rate regulation.-- ``(A) Programming choice required.--The authority to regulate rates under this subsection shall not apply to cable programming services provided after March 31, 1999, by a cable system unless the franchising authority for such cable system, after notice and opportunity for a public hearing at which the operator, subscribers, and other interested persons may appear and present evidence, certifies to the Commission that the cable operator of such system is not providing to subscribers an acceptable range of programming choices to the extent technically feasible and economically reasonable. ``(B) Basis for certification.--Any franchising authority making such a certification shall include with the statement the factors upon which the franchising authority bases its determination. Such factors may include (but are not limited to) the factors described in paragraph (2) and any one or more of the following: ``(i) delivery of the packages is technically feasible based on the current and expected capability of the system; ``(ii) delivery of the packages is economically reasonable based on the technical requirements for delivery of the packages; ``(iii) delivery of the packages can be performed without jeopardizing security of multichannel video programming and other services offered over the system, or impeding the legal rights of the system operator to prevent theft of service; ``(iv) any revenues received by the cable operator and cable programming providers from advertising, including the economic effect of offering additional programming choices on advertising revenues and subscriber rates; ``(v) the packages permit subscribers to subscribe to significantly less than the majority of upper tier programing services available; and ``(vi) the packages are related to the program category interests of groups as demonstrated by polling, surveys, referenda, statistics, or other comparable means based on statistics from the franchising area. ``(C) Commission review.--Upon receipt of a request for review from a cable operator, the Commission may review any certification submitted under subparagraph (A) and may rescind such certification if the Commission determines that the determination of the franchising authority is arbitrary and capricious. ``(D) Duration.--A certification under subparagraph (A) is effective for one year, unless earlier withdrawn by the franchising authority or rescinded by the Commission. ``(E) No effect on effective competition test.-- Notwithstanding any certification under this paragraph, a cable system that is subject to effective competition, as determined under subsection (a)(2), shall not be subject to regulation under this subsection.''. SEC. 3. PROGRAM ACCESS. (a) Amendments To Extend and Revise Program Access Requirements.-- Section 628 of the Communications Act of 1934 (47 U.S.C. 548) is amended-- (1) in subsection (a), by striking ``satellite cable programming and satellite broadcast programming'' and inserting ``multichannel video programming''; (2) in subsection (b)-- (A) by striking ``cable operator, a satellite cable programming vendor in which a cable operator has an attributable interest, or a satellite broadcast programming vendor'' and inserting ``multichannel video programming distributor''; and (B) by striking ``satellite cable programming or satellite broadcast programming'' and inserting multichannel video programming''; (3) in subsection (c)-- (A) by striking ``Within 180 days after the date of enactment of this section, the Commission'' in paragraph (1) and inserting ``The Commission''; (B) by striking paragraph (2) and inserting the following: ``(2) Minimum contents of regulations.--The regulations to be promulgated under this section shall-- ``(A) establish effective safeguards to prevent any multichannel video programming distributor from unduly or improperly influencing the decision of any multichannel video programming vendor to sell, or the prices, terms, and conditions of sale of, multichannel video programming to any other multichannel video programming distributor; ``(B) prohibit discrimination by a multichannel video programming vendor in the prices, terms, and conditions of sale or delivery of such programming among or between cable systems, cable operators, or other multichannel video programming distributors, or their agents or buying groups; except that a multichannel video programming vendor shall not be prohibited from-- ``(i) imposing reasonable requirements for creditworthiness, offering of service, and financial stability and standards regarding character and technical quality; ``(ii) establishing different prices, terms, and conditions to take into account actual and reasonable differences in the cost of creation, sale, delivery, or transmission of multichannel video programming; ``(iii) establishing different prices, terms, and conditions which take into account economies of scale, cost savings, or other direct and legitimate economic benefits reasonably attributable to the number of subscribers served by the distributor; or ``(iv) entering into an exclusive contract that is permitted under subparagraph (D); ``(C) prohibit practices, understandings, arrangements, and activities, including exclusive contracts for multichannel video programming between a multichannel video programming distributor and a multichannel video programming vendor, that prevent any multichannel video programming distributor from obtaining such programming for distribution to persons in areas not served by a cable operator; ``(D) with respect to distribution to persons in areas served by a cable operator-- ``(i) prohibit exclusive contracts for multichannel video programming between a cable operator and a multichannel video programming vendor in which a cable operator has an attributable interest, unless the Commission determines (in accordance with paragraph (4)) that such contract is in the public interest; ``(ii) not prohibit exclusive contracts for multichannel video programming between a multichannel video programming distributor, other than a cable operator, and a multichannel video programming vendor, other than a multichannel video programming vendor in which a cable operator has an attributable interest, unless the Commission determines (in accordance with paragraph (4)) that such contract is contrary to the public interest.''; and (C) in paragraph (5), by striking ``enactment of this section'' and inserting ``enactment of the Video Competition and Consumer Choice Act of 1998''; (4) in subsection (h), by adding at the end the following new paragraph: ``(3) Other contracts.--No contract to grant exclusive distribution rights to any person with respect to multichannel video programming may be entered into on or after the date of enactment of the Video Competition and Consumer Choice Act of 1998, except as permitted under subsection (c)(2)(D). No contract entered into after June 1, 1990, and before such date of enactment that grants such rights may continue in effect after 120 days after the date of enactment of the Video Competition and Consumer Choice Act of 1998.''; (5) in subsection (i), by adding at the end the following new paragraphs: ``(5) The term `multichannel video programming' means video programming which is transmitted by any means and which is primarily intended for the direct receipt by multichannel video programming distributors for retransmission to their subscribers. ``(6) The term `multichannel video programming vendor' means a person engaged in the production, creation, or wholesale distribution for sale of multichannel video programming.''. (6) by striking subsection (j) and inserting the following: ``(j) Common Carriers.--Any provision that applies to a multichannel video programming distributor or multichannel video programming vendor under this section shall apply to a common carrier or its affiliate that provides multichannel video programming.''. (b) Deadlines for Revised Regulations.--The Federal Communications Commission shall prescribe such revisions to its regulations as may be necessary to implement the amendments made by subsection (a) within 120 days after the date of enactment of this Act. SEC. 4. LIFELINE CABLE SERVICE TIER. Section 623(b) of the Communications Act of 1934 (47 U.S.C. 543(b)) is amended-- (1) in the subsection heading by inserting ``and Lifeline'' after ``Basic''; and (2) by adding at the end the following new paragraph: ``(9) Lifeline service tier.-- ``(A) Contents.--Each cable operator of a cable system shall make available for sale to its subscribers a separately packaged lifeline service tier. Such lifeline service tier shall consist exclusively of the following: ``(i) All signals carried in fulfillment of the requirements of sections 614 and 615. ``(ii) Any public, educational, and governmental access programming required by the franchise of the cable system to be provided to subscribers. ``(iii) Any signal of a local television broadcast station that is provided by the cable operator to any subscriber, except that a digital television service signal shall not be required to be carried as part of the lifeline service tier pursuant to this clause (iii) unless such carriage is required by regulations prescribed by the Commission. ``(B) Prohibition on additions.--A cable operator may not add additional video programming signals or services to the lifeline service tier. ``(C) Rate regulation.--The Commission shall prescribe regulations concerning the rates for the lifeline service tier. Such regulations shall be designed to achieve the goals of-- ``(i) ensuring that rates for the lifeline service tier are reasonable; and ``(ii) promoting multichannel video programming distribution competition.''.", "summary": "Video Competition and Consumer Choice Act of 1998 - Amends the Communications Act of 1934 to make the authority of the Federal Communications Commission (FCC) to regulate cable television service rates inapplicable to services provided after March 31, 1999, by a cable system unless the franchising authority for such system, after notice and opportunity for a public hearing, certifies to the FCC that the cable operator of such system is not providing subscribers an acceptable range of programming choices to the extent technically feasible and economically reasonable. Outlines factors to be considered for such certification. Authorizes FCC review of such certifications. Makes such certifications effective for one year, unless earlier withdrawn or rescinded. Replaces references to \"satellite cable programming\" and \"satellite broadcast programming\" with \"multichannel video programming (MVP).\" Repeals a deadline for FCC regulations concerning the development of competition and diversity in MVP distribution. Outlines minimum requirements for such regulations, including prohibited actions by an MVP vendor with respect to the sale or delivery of such programming among cable systems, cable operators, and other MVP distributors. Prohibits entering into contracts to grant exclusive distribution rights to any person with respect to MVP after the date of enactment of this Act, except for certain exclusivity contracts granted by the FCC in the public interest. Prohibits any such contract (other than the public interest contract) already entered into before such date of enactment to continue after 120 days after such date. Defines MVP as video programming which is transmitted by any means and which is primarily intended for the direct receipt by MVP distributors for retransmission to their subscribers. Requires the revision of MVP regulations as necessitated by this Act within 120 days after enactment. Requires each cable operator of a cable system to make available for sale to its subscribers a separately packaged lifeline service tier consisting exclusively of: (1) FCC-required local commercial television and noncommercial educational television programming; (2) any public, educational, and governmental access programming required by the cable system franchise; and (3) any signal of a local television broadcast station provided by the cable operator to any subscriber (with an exception). Prohibits a cable operator from adding additional video programming signals or services to the lifeline tier. Directs the FCC to prescribe regulations for lifeline tier rates."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Central American Deportation Relief Act''. SEC. 2. MODIFICATION OF PHYSICAL PRESENCE RULE WITH REGARD TO SUSPENSION OF DEPORTATION. (a) In General.--Section 309(c)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-627)) is amended to read as follows: ``(5) Transitional rules with regard to suspension of deportation.-- ``(A) Calculation of period of continuous physical presence.--Paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act (relating to continuous residence or physical presence) shall apply to notices to appear, or orders to show cause (referred to in section 242B(a)(1) of the Immigration and Nationality Act, as in effect before the title III-A effective date), issued before, on, or after the date of the enactment of this Act. ``(B) Exception for certain orders.--In any case in which the Attorney General elects to terminate and reinitiate proceedings in accordance with paragraph (3) of this section, paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act shall not apply to an order to show cause issued before April 1, 1997. ``(C) Special rule for certain aliens granted temporary protection from deportation.-- ``(i) In general.--For purposes of calculating the period of continuous physical presence under section 244(a) of the Immigration and Nationality Act (as in effect before the title III-A effective date) or section 240A of such Act (as in effect after the title III-A effective date), such period is deemed to terminate on April 1, 1997, in the case of an alien who demonstrates that the alien has not been convicted at any time of an aggravated felony (as defined in section 101(a) of the Immigration and Nationality Act); has not been apprehended while attempting to enter the United States unlawfully after December 12, 1990; and is-- ``(I) a Salvadoran national who first entered the United States on or before September 19, 1990; who registered for benefits pursuant to the settlement agreement in American Baptist Churches, et al. v. Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991) on or before October 31, 1991, or applied for temporary protected status on or before October 31, 1991; and who applied for asylum under section 208 of the Immigration and Nationality Act on or before February 16, 1996; ``(II) a Guatemalan national who first entered the United States on or before October 1, 1990; who registered for benefits pursuant to such settlement agreement on or before December 31, 1991; and who applied for asylum under section 208 of the Immigration and Nationality Act on or before January 3, 1995; or ``(III) a Nicaraguan national who first entered the United States on or before April 1, 1990. ``(ii) Motions to reopen deportation proceedings.--Any alien found ineligible for suspension of deportation prior to July 10, 1997, solely on the basis of this paragraph (as in effect prior to the effective date of the Central American Deportation Relief Act), and who claims eligibility for suspension of deportation as a result of the amendments made by section 101 of such Act, may, notwithstanding any other limitations imposed by law on motions to reopen, file one motion to reopen deportation proceedings to apply for suspension of deportation. The Attorney General shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later than 60 days after the date of the enactment of the Central American Deportation Relief Act and shall extend for a period not to exceed 180 days.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546). SEC. 3. MODIFICATION OF HARDSHIP RULE WITH REGARD TO SUSPENSION OF DEPORTATION. (a) In General.--Section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-625)), as amended by section 1, is further amended by adding at the end the following: ``(8) Transitional rule with regard to suspension of deportation hardship standard.-- ``(A) In general.--Except as provided in subparagraph (B) and notwithstanding paragraphs (1) and (2) of section 244(a) of the Immigration and Nationality Act (as in effect before the title III-A effective date), section 240A(b)(1)(D) of the Immigration and Nationality Act shall apply to an alien-- ``(i) whose application for suspension of deportation was filed in deportation proceedings that were commenced before the title III-A effective date; and ``(ii) on which application no final administrative action was taken prior to the date of the enactment of the Central American Deportation Relief Act. ``(B) Exception.--Subparagraph (A) shall not apply to any alien described in paragraph (5)(C)(i).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 4. OFFSET FOR LIMITATION ON CANCELLATIONS OF REMOVAL AND SUSPENSIONS OF DEPORTATION. (a) Annual limitation.--Section 240A(e) of the Immigration and Nationality Act (8 U.S.C. 1229b(e)) is amended to read as follows: ``(e) Annual Limitation.-- ``(1) Aggregate limitation.--Subject to paragraphs (2) and (3), the Attorney General may not cancel the removal and adjust the status under this section, nor suspend the deportation and adjust the status under section 244(a) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), of a total of more than 4,000 aliens in any fiscal year. The previous sentence shall apply regardless of when an alien applied for such cancellation and adjustment, or such suspension and adjustment, and whether such an alien had previously applied for suspension of deportation under such section 244(a). The numerical limitation under this paragraph shall apply to the aggregate number of decisions in any fiscal year to cancel the removal (and adjust the status) of an alien, or suspend the deportation (and adjust the status) of an alien, under this section or such section 244(a). ``(2) Fiscal year 1997.--For fiscal year 1997, paragraph (1) shall only apply to decisions to cancel the removal of an alien, or suspend the deportation of an alien, made after April 1, 1997. ``(3) Offset for decisions in excess of aggregate limitation.--In fiscal year 1998 and subsequent fiscal years, and with respect only to aliens described in section 309(c)(5)(C) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as amended by the Central American Deportation Relief Act), the Attorney General may elect to exceed the aggregate numerical limitation under paragraph (1) by a number not greater than 10,000. For each such alien granted cancellation of removal or suspension of deportation in excess of 4,000 in such a fiscal year, the Attorney General shall reduce by 1, during the next following fiscal year, the total number of immigrant visas that are made available under section 203(b)(3)(A)(iii).''. (b) Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents.--Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended in each of paragraphs (1) and (2) by striking ``may cancel removal in the case of an alien'' and inserting ``may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien''. (c) Recordation of Date.--Section 240A(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(3)) is amended to read as follows: ``(3) Recordation of date.--With respect to aliens who the Attorney General adjusts to the status of an alien lawfully admitted for permanent residence under paragraph (1) or (2), the Attorney General shall record the alien's lawful admission for permanent residence as of the date of the Attorney General's cancellation of removal under paragraph (1) or (2).''. (d) April 1 Effective Date for Aggregate Limitation.--Section 309(c)(7) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-627)) is amended to read as follows: ``(7) Limitation on suspension of deportation.--After April 1, 1997, the Attorney General may not suspend the deportation and adjust the status under section 244 of the Immigration and Nationality Act (as in effect before the title III-A effective date) of any alien in any fiscal year, except in accordance with section 240A(e) of such Act. The previous sentence shall apply regardless of when an alien applied for such suspension and adjustment.''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546).", "summary": "Central American Deportation Relief Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with regard to suspension of deportation provisions to modify: (1) the physical presence rule concerning certain reinitiated proceedings; and (2) the hardship rule. Provides a special determination of physical presence rule for certain Salvadoran, Guatemalan, or Nicaraguan nationals granted temporary deportation protection. Authorizes certain aliens to file motions to reopen their deportation proceedings. Revises related annual limitation and offset provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Marine Shipping Assessment Implementation Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States is an Arctic nation with-- (A) an approximately 700-mile border with the Arctic Ocean; (B) more than 100,000,000 acres of land above the Arctic Circle; and (C) an even broader area defined as Arctic by temperature, which includes the Bering Sea and Aleutian Islands. (2) The Arctic region of the United States-- (A) is home to an indigenous population which has subsisted for millennia on the abundance in marine mammals, fish, and wildlife, many of which are unique to the region; (B) is known to the indigenous population as Inuvikput or the ``place where we live''; and (C) has produced more than 16,000,000,000 barrels of oil and, according to the United States Geological Survey, may hold an additional 30,000,000,000 barrels of oil and 220,000,000,000,000 cubic feet of natural gas, making the region of fundamental importance to the national interest of the United States. (3) Temperatures in the United States Arctic region have warmed by 3 to 4 degrees Celsius over the past half-century, a rate of increase that is twice the global average. (4) The Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice free during summer months in as few as 30 years. (5) Such changes to the Arctic region are having a significant impact on the indigenous people of the Arctic, their communities and ecosystems, as well as the marine mammals, fish, and wildlife upon which they depend. (6) Such changes are opening new portions of the United States Arctic continental shelf to possible development for offshore oil and gas, commercial fishing, marine shipping, and tourism. (7) It is in the interests of the United States to work with the State of Alaska and the United States neighbors in the Arctic region to ensure that shipping in the Arctic Ocean and adjacent seas is safe for mariners, protective of the natural environment, including the air, land, water, and wildlife of the Arctic, and mindful of the needs of longstanding subsistence users of Arctic resources. (8) It is in the interests of the United States to ensure that shipping in the Arctic Ocean and adjacent seas is secure, that United States sovereign and security interests, including the freedom of navigation rights of United States and foreign vessels to transit international straits, are respected and protected, consistent with international and customary law, that access is provided throughout the Arctic Ocean for legitimate research vessels of all nations, and that peaceful relations are maintained in the Arctic region. (9) It is in the interests of the United States to cooperate to establish a system of international cooperation to support reliable shipping, with methods for joint investment in providing mariners aids to navigation, ports of refuge, vessel- to-shore communication, weather and ice forecasting, ship tracking and reporting, hydrographic mapping, and search and rescue capability. (10) The United States has continuing research, security, environmental, and commercial interests in the Arctic region that rely on the availability of polar class icebreakers of the Coast Guard that were commissioned in the 1970s and are in need of replacement. (11) Sovereign interests of the United States in the Arctic Ocean and Bering Sea regions may grow with submission of a United States claim for an extended continental shelf, pending the United States becoming a party to the United Nations Convention on the Law of the Sea, done at Montego Bay December 10, 1982. (12) Building new icebreakers, forward operating bases, aids to navigation, and other facilities, and establishing coordinated shipping regulations and oil spill prevention and response capability through international cooperation requires long lead times. (13) Beginning such efforts, with the completion of an Arctic Marine Shipping Assessment by the 8-nation Arctic Council, is essential to protect United States interests given the extensive current use of the Arctic Ocean and adjacent seas by vessels of many nations. SEC. 3. PURPOSE. The purpose of this Act is to ensure safe, secure, and reliable maritime shipping in the Arctic, including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic. SEC. 4. DEFINITIONS. In this Act, the term ``Arctic'' has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). SEC. 5. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS. It is the sense of Congress that, to carry out the purpose of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, acting through the Commandant of the Coast Guard, should work to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations with respect to-- (1) placement and maintenance of aids to navigation in waters of the Arctic; (2) improved navigational charts; (3) the monitoring of ocean conditions including wind, waves, and currents and the timely reporting of information about ice and weather conditions; (4) appropriate icebreaking escort, tug, and salvage capabilities; (5) oil spill prevention and response capability; (6) maritime domain awareness, including long-range vessel tracking and communications facilities; (7) search and rescue; and (8) facilities for ship generated waste. SEC. 6. COAST GUARD ARCTIC MISSION ANALYSIS. (a) Submission of Report Analysis to Congress.-- (1) Requirement for submission.--Not later than 90 days following the completion of the High Latitude Polar Ice- Breaking Mission Analysis Report, the Commandant of the Coast Guard shall submit to the appropriate committees of Congress-- (A) such report; and (B) consistent with section 93(a)(24) of title 14, United States Code, any recommendations of the Commandant related to such report. (2) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (b) Mission Requirements Analysis.-- (1) Mission requirements analysis.--Not later than 90 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall, subject to the availability of appropriations, execute a contract with an independent entity to-- (A) conduct an analysis of future mission requirements of the Coast Guard in the Arctic and Antarctic; and (B) estimate the necessary resources to provide for such requirements. (2) Submission of analysis and estimate.--Not later than 120 days after the date that the contract described in paragraph (1) is executed, the analysis and estimate described in subparagraph (A) and (B) of that paragraph shall be submitted to-- (A) the appropriate committees of Congress; (B) the Commandant of the Coast Guard; and (C) the Comptroller General of the United States. (3) Additional recommendations.--Not later than 90 days after the submission of the analysis and estimate described in paragraph (2)-- (A) the Commandant of the Coast Guard shall submit to the appropriate committees of Congress, consistent with section 93(a)(24) of title 14, United States Code, any recommendations of the Commandant related to such analysis and estimate; and (B) the Comptroller General shall submit to the appropriate committees of Congress any recommendations of the Comptroller General related to such analysis and estimate. (4) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 7. ARCTIC VESSEL TRAFFIC RISK ASSESSMENTS. (a) In General.--Pursuant to sections 4 and 5 of the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1223 and 1224), the Commandant of the Coast Guard, in consultation with the appropriate Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)), shall prepare-- (1) not later than 2 years after the date of the enactment of this Act, a vessel traffic risk assessment for the Bering Strait, Alaska; and (2) not later than 3 years after the date of the enactment of this Act, a vessel traffic risk assessment for the Arctic Ocean waters adjacent to Alaska's North Slope. (b) Contents.--A vessel traffic risk assessment, prepared pursuant to subsection (a), shall describe for the Bering Strait or the Arctic Ocean, as appropriate-- (1) the amount and character of present and estimated future shipping traffic in the region; and (2) the current and projected use and effectiveness in reducing risk of-- (A) traffic separation schemes and routing measures; (B) long-range vessel tracking systems developed under section 70115 of title 46, United States Code; (C) towing, response, or escort tugs; (D) vessel traffic services; (E) emergency towing packages on vessels; (F) increased spill response equipment including equipment appropriate for severe weather and sea conditions; (G) the automatic identification system developed under section 70114 of title 46, United States Code; (H) particularly sensitive sea areas, important ecological areas, areas to be avoided, and other traffic exclusion zones; (I) aids to navigation; (J) vessel response plans, facility response plans, any other response plans that the Secretary deems necessary; and (K) area contingency plans and the effectiveness of the several response plans to support an area contingency plans. (c) Recommendations.-- (1) In general.--An assessment, prepared pursuant to this section, may include any appropriate recommendations to enhance the safety and security, or lessen potential adverse environmental impacts, of marine shipping. (2) Consultation.--Prior to making any recommendation described in paragraph (1), the Commandant of the Coast Guard, acting through the appropriate Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)), shall consult with affected Federal, State, and local government agencies, representatives of the fishing industry, Alaska Natives from the region, the conservation community, and the merchant shipping and oil transportation industries. SEC. 8. CENTRAL BERING SEA HARBOR OF REFUGE. (a) Consultation and Determination.--Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall consult with the Secretary of the Army to determine the viability of and the improvements necessary to make the harbor at St. George Island, Alaska, a fully functional harbor of refuge throughout the year to enhance safety of life at sea and protection from oil pollution in the Central Bering Sea. (b) Completion of Harbor.--Not later than 3 years after the date of the enactment of this Act, the Secretary of the Army shall complete the harbor at St. George Island, Alaska, including the improvements determined under subsection (a) and any engineering design needed for safe navigation. SEC. 9. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT. (a) Study.-- (1) In general.--The Commandant of the Coast Guard shall conduct a study on the feasibility and potential of establishing a deep water sea port in the Arctic to protect and advance strategic United States interests within the evolving and ever more important Arctic region. (2) Scope.--The study required under paragraph (1) shall address the following issues: (A) The capability that such a port would provide. (B) Potential and optimum locations for such a port. (C) Resources needed to establish such a port. (D) The time frame needed to establish such a port. (E) The infrastructure required to support such a port. (F) Any other issues the Secretary determines necessary to complete the study. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the study conducted under subsection (a). SEC. 10. TRANSFER OF FUNDS FOR ICEBREAKING SERVICES. Notwithstanding any other provision of law, the Director of the National Science Foundation shall transfer all amounts provided pursuant to any Act for the procurement of polar icebreaking services to the United States Coast Guard Appropriation Accounts, and such amounts shall remain available until expended for operating expenses, renovation, and improvement. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary of Homeland Security-- (1) $40,000,000 in fiscal year 2011 for the design of a new polar class icebreaker; (2) $800,000,000 for each of fiscal years 2011 and 2012 for the construction of 2 polar capable icebreakers; (3) $5,000,000 for each of fiscal years 2011 through 2015 for seasonal operations in the Arctic; (4) $10,000,000 for each of fiscal years 2012 through 2015 to carry out any agreements referred to in section 5; (5) $4,000,000, to remain available until expended, for a vessel traffic risk assessments to be conducted pursuant to section 7; and (6) $100,000,000 in each of the fiscal years 2011 through 2013 for the construction of forward operating bases, including aircraft hangar, bunk and mess facilities in Barrow, Nome, and Saint Paul Island, Alaska. (b) Hydrographic Services.--Section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d) is amended by adding at the end the following new paragraphs: ``(7) To acquire hydrographic data, provide hydrographic services, and conduct coastal change analyses necessary to ensure safe navigation, and to improve the management of coastal change in the Arctic, $10,000,000 for each of fiscal years 2011 and 2012. ``(8) To acquire hydrographic data and provide hydrographic services in the Arctic necessary to delineate the United States extended continental shelf, $5,000,000 for each of fiscal years 2011 and 2012.''.", "summary": "Arctic Marine Shipping Assessment Implementation Act of 2009 - Expresses the sense of Congress that the Secretary of State should work to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations with respect to navigation, monitoring of conditions, and marine pollution in waters of the Arctic. Requires the Commandant of the Coast Guard to: (1) submit the High Latitude Polar Ice-Breaking Mission Analysis Report to Congress, along with any recommendations related to it; (2) contract with an independent entity to analyze future mission requirements of the Coast Guard in the Arctic and Antarctic; and (3) prepare vessel traffic risk assessments for the Bering Strait, Alaska, and for the Arctic Ocean waters adjacent to Alaska's North Slope. Directs the Commandant to consult with the Secretary of the Army to determine the viability of making the harbor at St. George Island, Alaska, a fully functional harbor of refuge throughout the year to enhance safety of life at sea and protection from oil pollution in the Central Bering Sea. Directs the Secretary of the Army to complete the harbor at St. George Island, including such improvements and any engineering design needed for safe navigation. Requires a study on the feasibility and potential of establishing a deep water sea port in the Arctic to protect and advance U.S. strategic interests within the Arctic region. Requires the Director of the National Science Foundation to transfer all amounts provided pursuant to any Act for procurement of polar icebreaking services to the United States Coast Guard Appropriation Accounts, to remain available until expended for operating expenses, renovation, and improvement. Authorizes appropriations to: (1) the Department of Homeland Security for icebreaking operations, Arctic seasonal operations, vessel traffic risk assessments, and construction of bases in Barrow, Nome, and Saint Paul Island, Alaska; and (2) the National Oceanic and Atmospheric Administration (NOAA) for hydrographic data acquisition and services and coastal change analysis in the Arctic."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Security and Foreign Policy Integration Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States Government has historically failed to adequately and systematically consider energy issues in the development of foreign and national security policy. (2) Energy issues should be an integral part of the foreign and national security policymaking process and should be taken into consideration at all stages of policy planning and development. (3) The United States growing dependence on foreign energy supplies constrains its pursuit of a broad range of foreign policy and national security goals and objectives. (4) The United States growing dependence on foreign energy supplies poses increased economic and military vulnerabilities. (5) The United States Government is not organized efficiently to manage its dependence on foreign sources of energy, and a restructuring is needed to better ensure the integration of the political, economic, technical, and security aspects of energy policymaking through a formal interagency process. SEC. 3. NATIONAL SECURITY COUNCIL REORGANIZATION. (a) Amendment.--Section 101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) is amended-- (1) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (2) by inserting after paragraph (4) the following: ``(5) the Secretary of Energy;''. (b) Establishment of a Directorate of Energy.--A Directorate of Energy shall be established within the National Security Council which shall be the lead United States Government entity in charge of formulating and coordinating the national energy security policy of the United States. The responsibilities of the Directorate of Energy shall include-- (1) directing the development of the national energy security strategy of the United States; (2) coordinating an interagency approach to the national energy security policy of the United States with the Department of Energy, the Department of Defense, the Department of State, the Department of the Treasury, the Central Intelligence Agency, the National Economic Council, and other relevant Federal entities, as appropriate, to address the integration of national security, foreign, and domestic policy on the national energy security policy of the United States; (3) coordinating interagency monitoring of international and domestic energy developments to gauge their impact on the national energy security policy of the United States, and implementing changes in such policy as necessary to maintain the national security and energy security of the United States; (4) identifying foreign sources of energy critical to the national energy security of the United States and developing strategies in conjunction with the Department of State for ensuring United States access to critical foreign energy resources; (5) developing strategies for reducing United States dependence on foreign sources of energy, including demand reduction, efficiency improvement, and development of alternative and new sources of domestic energy; (6) developing strategies to reduce energy infrastructure vulnerability to terrorist attacks and natural disasters, both domestic and international, to help guard against supply disruptions; (7) developing strategies in conjunction with the Department of State for working with major international producers and consumers, including China, Russia, the European Union, India, Brazil, and Africa, to minimize politicization of global energy resources while ensuring access through global energy markets; (8) developing strategies in conjunction with the Department of State, the Department of the Treasury, and other relevant Federal agencies to broaden and enhance the capabilities of the International Energy Agency to ensure open energy markets and updated cooperative agreements among nations regarding development and use of their strategic reserves; and (9) developing strategies with industry regarding coordination of industry held reserves of oil and refined petroleum products. SEC. 4. QUADRENNIAL ENERGY SECURITY REVIEW. (a) QESR Required.--Every 4 years, during a year following a year evenly divisible by 4, the President shall conduct a quadrennial national energy security review (in this section referred to as a ``QESR'') to set forth the national energy security strategy of the United States and to establish short and long term goals to achieve energy security. In preparing the QESR, the President shall consult with-- (1) members of the National Security Council; (2) the Secretary of Energy; (3) the Secretary of State; (4) the Secretary of Defense; (5) the Secretary of the Treasury; (6) the Director of the Central Intelligence Agency; and (7) Congress. (b) Report.-- (1) In general.--In a year following the year in which a QESR is conducted under this section, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105(a) of title 31, United States Code, the President shall submit to Congress a report on such QESR. Such report shall describe the national energy security strategy of the United States, including a comprehensive description of-- (A) the worldwide interests, goals, and objectives of the United States that are vital to the national energy security of the United States; (B) the foreign policy, worldwide commitments, and national defense capabilities of the United States necessary-- (i) to deter political manipulation of world energy resources; and (ii) to implement the national energy security strategy of the United States; (C) the proposed short-term and long-term uses of the political, economic, military, and other authorities of the Unites States-- (i) to protect or promote energy security and markets; and (ii) to achieve the goals and objectives described in subsection (a); (D) the adequacy of the capabilities of the United States to protect the national energy security of the United States, including an evaluation of the balance among the capabilities of all elements of the national authority of the United States to support the implementation of the national energy security strategy; (E) an assessment of current Department of Defense energy-related vulnerabilities with assessment of capabilities and recommendations for overcoming such vulnerabilities; and (F) such other information as the President determines to be necessary to inform Congress on matters relating to the national energy security of the United States. (c) QESR Form.--Each QESR shall be submitted in unclassified form, but may include a classified annex.", "summary": "Energy Security and Foreign Policy Integration Act of 2007 - Amends the National Security Act of 1947 to add the Secretary of Energy as a member of the National Security Council (NSC). Establishes within the NSC a Directorate of Energy as the lead government entity for formulating and coordinating U.S. national energy security policy. Directs the President, every four years, to: (1) conduct a quadrennial national energy security review which shall set forth national energy security strategy and establish short- and long-term goals to achieve energy security; and (2) report to Congress on such review."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Protection and Restoration Committee Act''. SEC. 2. GREAT LAKES PROTECTION AND RESTORATION COMMITTEE. (a) Establishment.--There is established a committee to be known as the ``Great Lakes Protection and Restoration Committee'' (hereinafter referred to in this section as the ``Committee''). (b) Purpose.--The purpose of the Committee is to conduct a study and report on programs established and carried out to achieve restoration goals for the Great Lakes prepared by the Governors of Great Lakes States and to make recommendations for prioritization of such goals, legislation and funding to achieve such goals, and improvement of coordination among programs and governments with respect to such goals. (c) Study and Report.-- (1) Study.--The Committee shall conduct a study, based on restoration goals for the Great Lakes prepared by the Governors of Great Lakes States, to identify the best methods by which to protect and restore the Great Lakes. The study shall include-- (A) an analysis of Federal and State funding for the 10-year period ending on the date of the enactment of this Act for programs established and carried out to achieve the restoration goals, including an assessment of the success of the programs; and (B) an analysis of the expected accomplishments of such programs for the 10-year period beginning on the date of the enactment of this Act based on existing funding levels for the programs. (2) Report.--Not later than one year after the date of the initial meeting of the Committee under subsection (e)(1), the Committee shall submit to the President, Congress, and the Governor of each Great Lakes State, and make available to the national Government of Canada and the Premiers of the Provinces of Ontario and Quebec, a report that includes-- (A) the results of the study, including a detailed statement of the findings and conclusions of the Committee; (B) recommendations for the prioritization of the restoration goals for the Great Lakes prepared by the Governors of the Great Lakes States; (C) specific benchmarks for the 10-year period beginning on the date of the enactment of this Act to measure the achievement of such restoration goals; (D) recommendations for proposed Federal and State legislation for obtaining additional authority and funding as necessary to achieve such restoration goals; (E) recommendations for methods to improve coordination among existing Federal, State, local, and non-governmental programs established to achieve the restoration goals prepared by the Governors of the Great Lakes States; and (F) recommendations for methods to improve coordination between Federal, State, and local programs in the United States and the national Government of Canada and the Governments of the Provinces of Ontario and Quebec with respect to environmental protection and restoration activities in the Great Lakes. (d) Membership.-- (1) Voting members.--The Committee shall be composed of 25 voting members, of whom-- (A) 8 members shall be the Governors of the Great Lakes States (or designees of the Governors); (B) 13 members shall be appointed by the President, of whom-- (i) 1 member shall be a representative of the Department of the Interior; (ii) 1 member shall be a representative of the Corps of Engineers; (iii) 1 member shall be a representative of the Great Lakes National Program Office of the Environmental Protection Agency; (iv) 1 member shall be a representative of the National Oceanic and Atmospheric Administration; (v) 1 member shall be a representative of the Department of Agriculture; and (vi) 8 members shall be chief executives of cities, counties, or municipalities in the Great Lakes Region, of whom 1 member shall be from each Great Lakes State; (C) 1 member shall be appointed by the Speaker of the House of Representatives; (D) 1 member shall be appointed by the minority leader of the House of Representatives; (E) 1 member shall be appointed by the President pro tempore of the Senate; and (F) 1 member shall be appointed by the minority leader of the Senate. (2) Nonvoting members.--The Committee shall include 10 nonvoting members appointed by the President, of whom-- (A) 2 members shall be representatives of the environmental community; (B) 2 members shall be representatives of industry; (C) 2 members shall be representatives of the scientific community with expertise on the environmental conditions of the Great Lakes; (D) 2 members shall be representatives of Indian tribes located in the Great Lakes Region; (E) 1 member shall be a United States Commissioner of the Great Lakes Fishery Commission appointed under section 3(a)(1) of the Great Lakes Fishery Act of 1956 (16 U.S.C. 932(a)(1)); and (F) 1 member shall be the Chair of the United States Section of the International Joint Commission established by the Boundary Waters Treaty of 1909. (3) Nonvoting observers.--The Committee may include nonvoting observers, including-- (A) the Premiers of the Canadian Provinces of Ontario and Quebec; (B) a representative of the national Government of Canada; and (C) a representative of the Department of State. (4) Date of appointment.--The appointment of each member of the Committee shall be made not later than 90 days after the date of the enactment of this Act. (5) Term.--A member shall be appointed for the life of the Committee. (6) Vacancies.--A vacancy on the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment was made. (7) Chairperson and vice chairperson.--The Committee shall select a Chairperson from among the members of the Committee described in paragraph (1)(A) and a Vice Chairperson from among the members of the Committee appointed under clauses (i) through (v) of paragraph (1)(B). (8) Compensation.--Members of the Committee shall serve without pay. (9) Travel expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Meetings.-- (1) Initial.--Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold the initial meeting of the Committee. (2) Subsequent.--The Committee shall meet at the call of the Chairperson. (3) Quorum.--A majority of the voting members of the Committee described in subsection (d)(1) shall constitute a quorum, but a lesser number of members may hold hearings. (f) Powers.-- (1) Hearings.--The Committee may hold hearings, meet and act, take testimony, and receive evidence as the Committee considers advisable to carry out this Act. (2) Information from federal agencies.-- (A) In general.--The Committee may secure directly from a Federal agency such information as the Committee considers necessary to carry out this Act. (B) Provision of information.--On request of the Chairperson of the Committee, the head of the agency shall provide the information to the Committee. (3) Postal services.--The Committee may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (4) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. (g) Staff.-- (1) Appointment.-- (A) Executive director.--The Committee may appoint and terminate an executive director. (B) Other staff.--The Chairperson of the Committee may appoint and terminate such other additional personnel as are necessary to enable the Committee to perform the duties of the Committee. (2) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (3) Detail of federal government employees.-- (A) In general.--An employee of the Federal Government may be detailed to the Committee without reimbursement. (B) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (4) Procurement of temporary and intermittent services.-- The Chairperson of the Committee may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (h) Termination.--The Committee shall terminate 90 days after the date on which the Committee submits the report of the Committee under subsection (c)(2). (i) Definitions.--In this Act: (1) Great lakes.--The term ``Great Lakes'' means Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, Lake Ontario, Lake Superior, and the connecting channels of those lakes, including the Saint Mary's River, the Saint Clair River, the Detroit River, and the Saint Lawrence River to the Canadian border. (2) Great lakes state.--The term ``Great Lakes State'' means each of the States of Illinois, Indiana, Ohio, Michigan, Minnesota, New York, Pennsylvania, and Wisconsin. (3) Great lakes region.--The term ``Great Lakes region'' means the region comprised of the Great Lakes States. (4) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (j) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2005. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until the date of termination of the Committee under subsection (h).", "summary": "Great Lakes Protection and Restoration Committee Act - Establishes the Great Lakes Protection and Restoration Committee to: (1) study and report to the President, the Congress, and the Governor of each Great Lakes State on programs established and carried out to achieve restoration goals for the Great Lakes prepared by the Governors of Great Lakes States; and (2) make recommendations for prioritization of such goals, legislation, and funding to achieve them, and improvement of coordination among programs and governments with respect to them."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Civic Participation and Rehabilitation Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship and regaining the right to vote reintegrates offenders into free society. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender or previous condition of servitude. Basic constitutional principles of fairness and equal protection require an equal opportunity for Americans to vote in Federal elections. Congress has ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the Supreme Court. (2) Congress finds three areas where discrepancies in State laws regarding felony convictions lead to unfairness in Federal elections: (A) there is no uniform standard for voting in Federal elections which leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives; (B) laws governing the restoration of voting rights after a felony conviction are unequal throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and (C) State disenfranchisement laws disproportionately impact ethnic minorities. (3) Although State law determines the qualifications for voting, Congress must ensure that those laws are in accordance with the Constitution. Current laws vary throughout the country resulting in discrepancies regarding which citizens may vote in Federal elections. (4) An estimated 3,900,000 Americans, or one in fifty adults, currently cannot vote as a result of a felony conviction. Women represent about a half million of this total. Disenfranchisement results from varying State laws that restrict voting while under some form of criminal justice supervision or after the completion of a felony sentence in some States. Four States do not disenfranchise felons at all (Maine, Massachusetts, New Hampshire, and Vermont). Forty-six States and the District of Columbia have disenfranchisement laws that deprive convicted offenders of the right to vote while they are in prison. In thirty-two States, convicted offenders may not vote while they are on parole and in twenty- nine States probationers may not vote. Fourteen States disenfranchise ex-offenders who have fully served their sentences, regardless of the nature or seriousness of the offense. Three-fourths (73%) of the 3,900,000 disqualified voters are not in prison, but are on probation, parole or are ex-offenders. (5) In those States that disenfranchise ex-offenders, the right to vote can be regained in theory, but in practice this possibility is often illusory. In eight States, a pardon or order from the Governor is required. In two States, ex- offenders must obtain action by the parole or pardon board. Offenders convicted of a Federal offense often have additional barriers to regaining voting rights. In at least 16 States, Federal offenders cannot use the State procedure for restoring their civil rights. The only method provided by Federal law for restoring voting rights to ex-offenders is a Presidential pardon. Few persons who seek to have their right to vote restored have the financial and political resources needed to succeed. (6) Thirteen percent of the African American adult male population, or 1,400,000 African American men, are disenfranchised. Given current rates of incarceration, three in ten of the next generation of black men will be disenfranchised at some point during their lifetime. Hispanic citizens are also disproportionately disenfranchised since they are disproportionately represented in the criminal justice system. (7) These discrepancies should be addressed by Congress. Basic concepts of fundamental fairness and equal protection require an equal opportunity for Americans to vote in Federal elections. This Act will restore fairness in the Federal election process and promote reintegration of former offenders into a life as law abiding citizens of the United States. SEC. 3. RIGHTS OF CITIZENS. The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. SEC. 4. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private Right of Action.-- (1) A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action obtain declaratory or injunctive relief with respect to the violation. (3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility); (2) the term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President; and (3) the term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. SEC. 6. RELATION TO OTHER LAWS. (a) Nothing in this Act shall be construed to prohibit the States enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg).", "summary": "Civic Participation and Rehabilitation Act of 1999 - Declares that the right of a U.S. citizen to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense, unless the individual is serving a felony sentence in a correctional institution or facility at the time of the election. Authorizes the Attorney General, in a civil action, to obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. Creates a private right of action, subject to specified requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Old Mint Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) The Granite Lady played an important role in the history of the Nation. (2) The San Francisco Mint was established pursuant to an Act of Congress of July 3, 1852, to convert miners' gold from the California gold rush into coins. (3) The San Francisco Old Mint Building was designed by architect A.B. Mullett, who also designed the United States Treasury Building and the Old Executive Office Building. (4) The solid construction of the Granite Lady enabled it to survive the 1906 San Francisco earthquake and fire, making it the only financial institution that was able to operate immediately after the earthquake as the treasury for disaster relief funds for the city of San Francisco. (5) Coins struck at the San Francisco Old Mint are distinguished by the ``S'' mint mark. (6) The San Francisco Old Mint is famous for having struck many rare, legendary issues, such as the 1870-S $3 coin, which is valued today at well over $1,000,000, and the 1894-S dime which is comparatively rare. (7) The San Francisco Old Mint Commemorative Coin will be the first commemorative coin to honor a United States mint. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--Notwithstanding any other provision of law, and in commemoration of the San Francisco Old Mint, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the San Francisco Old Mint Building, its importance to California and the history of the United States, and its role in rebuilding San Francisco after the 1906 earthquake and fire. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2006''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Commission of Fine Arts, and the Board of the San Francisco Museum and Historical Society; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--The coins authorized under this Act shall be struck at the San Francisco Mint to the greatest extent possible. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2006. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the San Francisco Museum and Historical Society for use for the purposes of rehabilitating the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum. (c) Audits.--The San Francisco Museum and Historical Society shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. TECHNICAL CORRECTION. Notwithstanding the fifth sentence of section 5112(d)(1) of title 31, United States Code, the Secretary of the Treasury may continue to issue, after December 31, 2005, numismatic items that contain 5-cent coins minted in the years 2004 and 2005. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "San Francisco Old Mint Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins emblematic of the San Francisco Old Mint Building, its importance to California and U.S. history, and its role in rebuilding San Francisco after the 1906 earthquake and fire. Sets forth: (1) coin specifications; (2) design requirements; and (3) guidelines for coin sales. Requires a surcharge of $35 for the $5 coin and of $10 for the $1 coin. Requires that all surcharges received by the Secretary from such coin sales be promptly paid to the San Francisco Museum and Historical Society to rehabilitate the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum. Prohibits a surcharge with respect to the issuance of any coin under this Act during a calendar year if such issuance would result in the number of commemorative coin programs issued during such year to exceed the annual two commemorative coin program issuance limitation under specified law. Permits the Secretary of the Treasury to continue to issue, after December 31, 2005, numismatic items that contain 5-cent coins minted in the years 2004 and 2005."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Residential and Commuter Toll Fairness Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Residents of various localities and political subdivisions throughout the United States are subject to tolls, user fees, and fares to access certain roads, highways, bridges, railroads, busses, ferries, and other transportation systems. (2) Revenue generated from transportation tolls, user fees, and fares is used to support various infrastructure maintenance and capital improvement projects that directly benefit commuters and indirectly benefit the regional and national economy. (3) Residents of certain municipalities, counties, and other localities endure significant or disproportionate toll, user fee, or fare burdens compared to others who have a greater number of transportation options because such residents-- (A) live in geographic areas that are not conveniently located to the access points for roads, highways, bridges, rail, busses, ferries, and other transportation systems; (B) live on islands, peninsulas, or in other places that are only accessible through a means that requires them to pay a toll, user fee, or fare; or (C) are required to pay much more for transportation access than residents of surrounding jurisdictions, or in other jurisdictions across the country, for similar transportation options. (4) To address this inequality, and to reduce the financial hardship often imposed on such residents, several State and municipal governments and multi-State transportation authorities have established programs that authorize discounted transportation tolls, user fees, and fares for such residents. (5) Transportation toll, user fee, and fare discount programs based on residential status-- (A) address actual unequal and undue financial burdens placed on residents who live in areas that are only accessible through a means that requires them to pay a toll, user fee, or fare; (B) do not disadvantage or discriminate against those individuals ineligible for residential toll, user fee, or fare discount programs; (C) are not designed to favor the interests or promote the domestic industry or economic development of the State implementing such programs; (D) do not interfere or impose undue burdens on commerce with foreign nations or interfere or impose any undue burdens on commerce among the several States, or commerce within particular States; (E) do not interfere or impose undue burdens on the ability of individuals to travel among, or within, the several States; (F) do not constitute inequitable treatment or deny any person within the jurisdiction of the United States the equal protection of the laws; and (G) do not abridge the privileges or immunities of citizens of the United States. (b) Purposes.--The purposes of this Act are-- (1) to clarify the existing authority of States, counties, municipalities, and multi-jurisdictional transportation authorities to establish programs that offer discounted transportation tolls, user fees, and fares for residents in specific geographic areas; and (2) to authorize the establishment of such programs, as necessary. SEC. 3. AUTHORIZATION OF LOCAL RESIDENTIAL OR COMMUTER TOLL, USER FEE OR FARE DISCOUNT PROGRAMS. (a) Authority To Provide Residential or Commuter Toll, User Fee, or Fare Discount Programs.--States, counties, municipalities, and multi- jurisdictional transportation authorities that operate or manage roads, highways, bridges, railroads, busses, ferries, or other transportation systems are authorized to establish programs that offer discounted transportation tolls, user fees, or other fares for residents of specific geographic areas in order to reduce or alleviate toll burdens imposed upon such residents. (b) Rulemaking With Respect to the State, Local, or Agency Provision of Toll, User Fee or Fare Discount Programs to Local Residents or Commuters.--States, counties, municipalities, and multi- jurisdictional transportation authorities that operate or manage roads, highways, bridges, railroads, busses, ferries, or other transportation systems are authorized to enact such rules or regulations that may be necessary to establish the programs authorized under subsection (a). (c) Rule of Construction.--Nothing in this Act may be construed to limit or otherwise interfere with the authority, as of the date of the enactment of this Act, of States, counties, municipalities, and multi- jurisdictional transportation authorities that operate or manage roads, highways, bridges, railroads, busses, ferries, or other transportation systems.", "summary": "Residential and Commuter Toll Fairness Act of 2009 - Grants state, county, and municipal governments, as well as multi-jurisdictional transportation authorities that operate or manage roads, bridges, railroads, buses, ferries, or other transportation systems, rulemaking authority to establish toll, user fee, or fare discount programs for their local residents or commuters."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Credible Military Option to Counter Iran Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Declaration of policy. Sec. 3. United States military preparedness in the Middle East. Sec. 4. United States military capabilities in the Central Command Area of Responsibility. Sec. 5. Enhancing the defense of Israel and United States interests in the Middle East. Sec. 6. Plan to enhance military capabilities of Persian Gulf allies. Sec. 7. Plan to increase strategic regional partnerships. Sec. 8. Definitions. SEC. 2. DECLARATION OF POLICY. (a) Findings.--Congress makes the following findings: (1) Iran, which has long sought to foment instability and promote extremism in the Middle East, is now seeking to exploit the dramatic political transition underway in the region to undermine governments traditionally aligned with the United States and support extremist political movements in these countries. (2) At the same time, Iran may soon attain a nuclear weapons capability, a development that would fundamentally threaten vital United States interests, destabilize the region, encourage regional nuclear proliferation, further empower and embolden Iran, the world's leading state sponsor of terrorism, and provide it the tools to threaten its neighbors, including Israel. (3) With the assistance of Iran over the past several years, Syria, Hezbollah, and Hamas have increased their stockpiles of rockets, with more than 60,000 rockets now ready to be fired at Israel. Iran continues to add to its arsenal of ballistic missiles and cruise missiles, which threaten Iran's neighbors, Israel, and United States Armed Forces in the region. (4) Preventing Iran from achieving nuclear weapons capability is among the most urgent national security challenges facing the United States. (5) Successive United States administrations have stated that a nuclear weapons-possessing Iran is unacceptable. (6) President Obama stated on January 24, 2012, ``Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal.''. (7) In order to prevent Iran from developing nuclear weapons, the United States, in cooperation with its allies, must utilize all elements of national power including diplomacy, robust economic sanctions, and credible, visible preparations for a military option. (8) Nevertheless, to date, diplomatic overtures, sanctions, and other non-kinetic actions toward Iran have not caused the Government of Iran to abandon its nuclear weapons program. (9) With the impact of additional sanctions uncertain, additional pressure on the Government of Iran could come from the credible threat of military action against Iran's nuclear program. (b) Declaration of Policy.--It shall be the policy of the United States to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neighbors with a nuclear weapon. SEC. 3. UNITED STATES MILITARY PREPAREDNESS IN THE MIDDLE EAST. (a) Sense of Congress.--It is the sense of Congress that-- (1) military exercises conducted in the Persian Gulf and Gulf of Oman emphasize the United States resolve and the policy of the United States described in section 2(b) by enhancing the readiness of the United States military and allied forces, as well as signaling to the Government of Iran the commitment of the United States to defend its vital national security interests; and (2) the President, as Commander in Chief, should require the United States military to develop a comprehensive plan to augment the presence of the United States Fifth Fleet in the Middle East and to conduct military deployments, exercises, or other visible, concrete military readiness activities to underscore the policy of the United States described in section 2(b). (b) Plan.-- (1) In general.--The Secretary of Defense shall prepare a plan to augment the presence of the United States Fifth Fleet in the Middle East and to conduct military deployments, exercises, or other visible, concrete military readiness activities to underscore the policy of the United States described in section 2(b). (2) Matters to be included.--The plan required under paragraph (1) shall include, at a minimum, steps necessary to support the policy of the United States described in section 2(b), including-- (A) pre-positioning sufficient supplies of aircraft, munitions, fuel, and other materials for both air- and sea-based missions at key forward locations in the Middle East and Indian Ocean; (B) maintaining sufficient naval assets in the region necessary to signal United States resolve and to bolster United States capabilities to launch a sustained sea and air campaign against a range of Iranian nuclear and military targets, to protect seaborne shipping, and to deny Iranian retaliation against United States interests in the region; (C) discussing the viability of deploying at least two United States aircraft carriers, an additional large deck amphibious ship, and a Mine Countermeasures Squadron in the region on a continual basis, in support of the actions described in subparagraph (B); and (D) conducting naval fleet exercises similar to the United States Fifth Fleet's major exercise in the region in March 2007 to demonstrate ability to keep the Strait of Hormuz open and to counter the use of anti- ship missiles and swarming high-speed boats. (3) Submission to congress.--The plan required under paragraph (1) shall be submitted to the congressional defense committees not later than 120 days after the date of enactment of this Act. SEC. 4. UNITED STATES MILITARY CAPABILITIES IN THE CENTRAL COMMAND AREA OF RESPONSIBILITY. (a) Authorization of Appropriations for Fiscal Year 2012.--In order to enhance United States military capabilities in the Central Command Area of Responsibility, funds are hereby authorized to be appropriated for fiscal year 2012 as follows: (1) $80,000,000 for Other Procurement, Navy to be available for MK 38 Mod 2 machine gun system for Coastal Patrol Craft. (2) $44,600,000 for Weapons Procurement, Navy to be available for-- (A) Griffin missile for Coastal Patrol Craft; and (B) Spike shoulder-fired electro-optic weapon. (3) $72,481,000 for Research, Development, Test and Evaluation, Navy to be available for-- (A) Program Element 0205601N for digital rocket launchers; (B) Beyond line of sight command and control architecture; and (C) MAGIC VIEW. (4) $134,552,000 for Research, Development, Test and Evaluation, Air Force to be available for Hard and Deeply Buried Target Defeat System Program, Program Element 0604327F. (5) $7,000,000 for Research, Development, Test and Evaluation, Defense-Wide to be available for-- (A) Indications and Warning; and (B) Systems Performance. (6) $14,000,000 for Operation and Maintenance, Navy to be available for Scan Eagle. (7) $2,000,000 for Operation and Maintenance, Air Force to be available for tactics development and evaluation. (b) Authorization of Appropriations for Fiscal Year 2013.--In order to enhance United States military capabilities in the Central Command Area of Responsibility, funds are hereby authorized to be appropriated for fiscal year 2013 as follows: (1) $22,654,000 for Other Procurement, Navy to be available for-- (A) Underwater Explosive Ordnance Disposal Programs; (B) Naval Military Intelligence Program Support Equipment; and (C) MK 38 Mod 2 machine gun system for Coastal Patrol Craft. (2) $31,000,000 for Weapons Procurement, Navy to be available for-- (A) Griffin missile for Coastal Patrol Craft; and (B) Spike shoulder-fired electro-optic weapon. (3) $72,481,000 for Research, Development, Test and Evaluation, Army to be available for Unmanned Aerial Vehicle Detection and Tracking. (4) $72,481,000 for Research, Development, Test and Evaluation, Navy to be available for-- (A) Joint Service Explosive Ordnance Development, Program Element 0603654N; (B) Advanced Anti-Radiation Guided Missile in Program Element 0205601N; and (C) Integrated, Fixed Surveillance System, Program Element 0204311N. (5) $72,481,000 for Research, Development, Test and Evaluation, Air Force to be available for Cyber Command Activities within Program Element 0208059F. SEC. 5. ENHANCING THE DEFENSE OF ISRAEL AND UNITED STATES INTERESTS IN THE MIDDLE EAST. (a) Sense of Congress.--It is the sense of Congress that the United States should take the following actions to assist in the defense of Israel: (1) Provide Israel such support as may be necessary to increase development and production of joint missile defense systems, particularly such systems that defend the urgent threat posed to Israel and United States forces in the region. (2) Provide Israel defense articles, intelligence, and defense services through such mechanisms as appropriate, to include air refueling tankers, missile defense capabilities, and specialized munitions. (3) Allocate additional weaponry and munitions for the forward-deployed United States stockpile in Israel. (4) Provide Israel additional surplus defense articles and defense services, as appropriate, in the wake of the withdrawal of United States forces from Iraq. (5) Offer the Israeli Air Force additional training and exercise opportunities in the United States to compensate for Israel's limited air space. (6) Expand Israel's authority to make purchases under section 23 of the Arms Export Control Act (relating to the ``Foreign Military Financing'' program) on a commercial basis. (7) Seek to enhance the capabilities of the United States and Israel to address emerging common threats, increase security cooperation, and expand joint military exercises. (8) Encourage an expanded role for Israel within the North Atlantic Treaty Organization (NATO), including an enhanced presence at NATO headquarters and exercises. (9) Support extension of the long-standing loan guarantee program for Israel, recognizing Israel's unbroken record of repaying its loans on time and in full. (10) Expand already-close intelligence cooperation, including satellite intelligence, with Israel. (b) Report on Israel's Qualitative Military Edge.-- (1) Statement of policy.--It is the policy of the United States-- (A) to help Israel preserve its qualitative military edge amid rapid and uncertain regional political transformation; and (B) to encourage further development of advanced technology programs between the United States and Israel in light of current trends and instability in the region. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the status of Israel's qualitative military edge in light of current trends and instability in the region. (c) Report on Other Matters.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on each of the following: (1) Taking into account Israel's urgent requirement for F- 35 aircraft, actions to improve the process relating to Israel's purchase of F-35 aircraft to improve cost efficiency and timely delivery. (2) Efforts to expand cooperation between the United States and Israel in homeland defense, counter-terrorism, maritime security, cybersecurity, and other appropriate areas. (3) Actions to integrate Israel into the defense of the Eastern Mediterranean. SEC. 6. PLAN TO ENHANCE MILITARY CAPABILITIES OF PERSIAN GULF ALLIES. (a) Plan.--The Secretary of Defense, in consultation with the Secretary of State, shall develop a plan to enhance the military capabilities of Persian Gulf allies to bolster the posture of such allies in relation to Iran. (b) Matters To Be Included.--The plan required under subsection (a) shall include the following: (1) A description of the means to augment the offensive strike capabilities of key Gulf Cooperation Council allies, including the potential sale or upgrades of strike attack aircraft and bunker buster munitions, to augment the viability of a credible military option and to strengthen such allies' self-defense capabilities against retaliation or military aggression by Iran. (2) A needs-based assessment, or an update to an existing needs-based assessment, of the military requirements of Persian Gulf allies to support a credible military option and to defend against potential military aggression by Iran. (3) A detailed summary of any arms sales and training requests by Persian Gulf allies and a description and justification for United States actions taken. (c) Rule of Construction.--Nothing in the plan required under subsection (a) shall be construed to alter Israel's qualitative military edge. (d) Submission to Congress.--The plan required under subsection (a) shall be submitted to the appropriate congressional committees not later than 180 days after the date of the enactment of this Act. (e) Form.--The plan required under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex. SEC. 7. PLAN TO INCREASE STRATEGIC REGIONAL PARTNERSHIPS. (a) Findings.--Congress finds the following: (1) The United States should ensure that it has the broadest set of geographic approaches to militarily access Iran. (2) United States Armed Forces and support staff currently have access from the eastern, southern, and western borders of Iran. (3) Azerbaijan borders the northern frontier of Iran closest to nuclear sites near Tehran and the Government of Azerbaijan cooperates with the United States on Caspian Sea security and energy issues. (b) Policy.--It shall be the policy of the United States to-- (1) increase pressure on Iran by providing United States Armed Forces with the broadest set of geographic approaches to militarily access Iran; and (2) explore means to enhance access to military facilities on the northern border of Iran. (c) Plan.-- (1) In general.--The Secretary of Defense, in consultation with the Secretary of State, shall develop a plan to increase the strategic partnership with regional allies to provide United States Armed Forces with the broadest set of geographic approaches to militarily access Iran. (2) Matters to be included.--The plan required under paragraph (1) shall include the following information: (A) Mechanisms to broaden the geographical approaches to militarily access Iran. (B) The need, if any, to strengthen the self- defense capabilities of regional allies as a result of such partnerships. (C) The viability of increasing access for United States Armed Forces to bases in Azerbaijan to augment the viability of a credible military option. (3) Submission to congress.--The plan required under paragraph (1) shall be submitted to the appropriate congressional committees not later than 180 days after the date of the enactment of this Act. SEC. 8. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate. (2) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code. (3) Qualitative military edge.--The term ``qualitative military edge'' has the meaning given the term in section 36(h)(2) of the Arms Export Control Act (22 U.S.C. 2776(h)(2)).", "summary": "Credible Military Option to Counter Iran Act - States that it shall be the policy of the United States to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neighbors with a nuclear weapon. Expresses the sense of Congress that: (1) U.S. military exercises in the Persian Gulf emphasize U.S. resolve in support of the above policy; and (2) the President should require the U.S. military to develop a comprehensive plan to augment the presence of the U.S. Fifth Fleet in the Middle East and to conduct military deployments, exercises, or other military readiness activities to underscore such policy. Directs the Secretary of Defense to prepare and submit to the congressional defense committees such a plan. Authorizes appropriations to the Department of Defense (DOD) for FY2012-FY2013 to enhance U.S. military capabilities in the Central Command Area of responsibility (Middle East), including for procurement, research and development, and operation and maintenance. Expresses the sense of Congress in support of specified action to assist in the defense of Israel, including joint missile defense systems, defense articles, intelligence, defense services, and additional weaponry and munitions for the forward-deployed U.S. stockpile in Israel. Directs the President to report to Congress on the status of Israel's qualitative military edge in light of current trends and instability in the region. Directs the Secretary to develop and submit to Congress: (1) a plan to enhance the military capabilities of Persian Gulf allies to bolster their posture in relation to Iran, and (2) a plan to increase the strategic partnership with regional allies to provide U.S. Armed Forces with the broadest set of geographic approaches to militarily access Iran."}
{"article": "TITLE I--BAYLEE'S LAW SEC. 101. SHORT TITLE. This title may be cited as ``Baylee's Law''. SEC. 102. SAFETY AND SECURITY OF CHILDREN IN CHILDCARE FACILITIES. The Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 22. SAFETY AND SECURITY OF CHILDREN IN CHILDCARE FACILITIES. ``(a) Written Notice to Parents or Guardians.-- ``(1) Initial notification.--Before the enrollment of any child in a childcare facility located in a public building under the control of the Administrator, the Administrator shall provide to the parents or guardians of the child a written notification containing-- ``(A) an identification of the current tenants in the public building; and ``(B) the designation of the level of security of the public building. ``(2) Notification of new tenants.--After providing a written notification to the parents or guardians of a child under paragraph (1), the Administrator shall provide to the parents or guardians a written notification if any new Federal tenant is scheduled to take occupancy in the public building. ``(b) Notification of Serious Threats to Safety or Security.--As soon as practicable after being informed of a serious threat, as determined by the Administrator, that could affect the safety and security of children enrolled in a childcare facility in a public building under the control of the Administrator, the Administrator shall provide notice of the threat to the parents or guardians of each child in the facility. ``(c) Report to Congress.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Administrator shall transmit to Congress a comprehensive report on childcare facilities in public buildings under the control of the Administrator. ``(2) Contents.--The report to be transmitted under paragraph (1) shall include-- ``(A) an identification and description of each childcare facility located in a public building under the control of the Administrator; and ``(B) an assessment of the level of safety and security of children enrolled in the childcare facility and recommendations on methods for enhancing that safety and security. ``(3) Windows and interior furnishings.--In conducting an assessment of a childcare facility under paragraph (2)(B), the Administrator shall examine the windows and interior furnishings of the facility to determine whether adequate protective measures have been implemented to protect children in the facility against the dangers associated with windows and interior furnishings in the event of a natural disaster or terrorist attack, including the deadly effect of flying glass.''. TITLE II--FEDERAL PROTECTIVE SERVICE REFORM SEC. 201. SHORT TITLE. This title may be cited as the ``Federal Protective Service Reform Act of 2000''. SEC. 202. DESIGNATION OF POLICE OFFICERS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended-- (1) in section 1 by striking the section heading and inserting the following: ``SECTION 1. POLICE OFFICERS.''; (2) in sections 1 and 3 by striking ``special policemen'' each place it appears and inserting ``police officers''; (3) in section 1(a) by striking ``uniformed guards'' and inserting ``certain employees''; and (4) in section 1(b) by striking ``Special policemen'' and inserting the following: ``(1) In general.--Police officers''. SEC. 203. POWERS. Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is further amended-- (1) by adding at the end the following: ``(2) Additional powers.--Subject to paragraph (3), a police officer appointed under this section is authorized while on duty-- ``(A) to carry firearms in any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; ``(B) to petition Federal courts for arrest and search warrants and to execute such warrants; ``(C) to arrest an individual without a warrant if the individual commits a crime in the officer's presence or if the officer has probable cause to believe that the individual has committed a crime or is committing a crime; and ``(D) to conduct investigations, on and off the property in question, of offenses that have been or may be committed against property under the charge and control of the Administrator or against persons on such property. ``(3) Approval of regulations by attorney general.--The additional powers granted to police officers under paragraph (2) shall become effective only after the Commissioner of the Federal Protective Service issues regulations implementing paragraph (2) and the Attorney General of the United States approves such regulations. ``(4) Authority outside federal property.--The Administrator may enter into agreements with State and local governments to obtain authority for police officers appointed under this section to exercise, concurrently with State and local law enforcement authorities, the powers granted to such officers under this section in areas adjacent to property owned or occupied by the United States and under the charge and control of the Administrator.''; and (2) by moving the left margin of paragraph (1) (as designated by section 202(4) of this Act) so as to appropriately align with paragraphs (2), (3), and (4) (as added by paragraph (1) of this subsection). SEC. 204. PENALTIES. Section 4(a) of the Act of June 1, 1948 (40 U.S.C. 318c(a)), is amended to read as follows: ``(a) In General.--Except as provided in subsection (b), whoever violates any rule or regulation promulgated pursuant to section 2 shall be fined or imprisoned, or both, in an amount not to exceed the maximum amount provided for a Class C misdemeanor under sections 3571 and 3581 of title 18, United States Code.''. SEC. 205. SPECIAL AGENTS. Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended-- (1) by striking ``nonuniformed special policemen'' each place it appears and inserting ``special agents''; (2) by striking ``special policeman'' and inserting ``special agent''; and (3) by adding at the end the following: ``Any such special agent while on duty shall have the same authority outside Federal property as police officers have under section 1(b)(4).''. SEC. 206. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended by adding at the end the following: ``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. ``(a) In General.--The Administrator of General Services shall establish the Federal Protective Service as a separate operating service of the General Services Administration. ``(b) Appointment of Commissioner.-- ``(1) In general.--The Federal Protective Service shall be headed by a Commissioner who shall be appointed by and report directly to the Administrator. ``(2) Qualifications.--The Commissioner shall be appointed from among individuals who have at least 5 years of professional law enforcement experience in a command or supervisory position. ``(c) Duties of the Commissioner.--The Commissioner shall-- ``(1) assist the Administrator in carrying out the duties of the Administrator under this Act; ``(2) except as otherwise provided by law, serve as the law enforcement officer and security official of the United States with respect to the protection of Federal officers and employees in buildings and areas that are owned or occupied by the United States and under the charge and control of the Administrator (other than buildings and areas that are secured by the United States Secret Service); ``(3) render necessary assistance, as determined by the Administrator, to other Federal, State, and local law enforcement agencies upon request; and ``(4) coordinate the activities of the Commissioner with the activities of the Commissioner of the Public Buildings Service. Nothing in this subsection may be construed to supersede or otherwise affect the duties and responsibilities of the United States Secret Service under sections 1752 and 3056 of title 18, United States Code. ``(d) Appointment of Regional Directors and Assistant Commissioners.-- ``(1) In general.--The Commissioner may appoint regional directors and assistant commissioners of the Federal Protective Service. ``(2) Qualifications.--The Commissioner shall select individuals for appointments under paragraph (1) from among individuals who have at least 5 years of direct law enforcement experience, including at least 2 years in a supervisory position.''. (b) Pay Level of Commissioner.--Section 5316 of title 5, United States Code, is amended by inserting after the paragraph relating to the Commissioner of the Public Buildings Service the following: ``Commissioner, Federal Protective Service, General Services Administration.''. SEC. 207. PAY AND BENEFITS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 7. PAY AND BENEFITS. ``(a) Survey.--The Director of the Office of Personnel Management shall conduct a survey of the pay and benefits of all Federal police forces to determine whether there are disparities between the pay and benefit of such forces that are not commensurate with differences in duties or working conditions. ``(b) Report.--Not later than 12 months after the date of the enactment of this section, the Director shall transmit to Congress a report containing the results of the survey conducted under subsection (a), together with the Director's findings and recommendations.''. SEC. 208. NUMBER OF POLICE OFFICERS. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 8. NUMBER OF POLICE OFFICERS. ``After the 1-year period beginning on the date of the enactment of this section, there shall be at least 730 full-time equivalent police officers in the Federal Protective Service. This number shall not be reduced unless specifically authorized by law.''. SEC. 209. EMPLOYMENT STANDARDS AND TRAINING. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING. ``The Commissioner of the Federal Protective Service shall prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for buildings and areas that are owned or occupied by the United States and under the control and charge of the Administrator of General Services.''. SEC. 210. AUTHORIZATION OF APPROPRIATIONS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated from the Federal Buildings Fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)) such sums as may be necessary to carry out this Act.''. Passed the House of Representatives September 26, 2000. Attest: JEFF TRANDAHL, Clerk.", "summary": "Requires the Administrator, after being informed of a serious threat that could affect the safety and security of children enrolled in such a childcare facility, to provide notice of the threat to the parents or guardians of each child in the facility. Requires the Administrator to transmit to Congress a comprehensive report on such childcare facilities which includes: (1) an identification and description of each facility; and (2) an assessment of the level of safety and security of children enrolled in the facility and recommendations for enhancing that safety and security. Requires that the Administrator, in conducting such an assessment, examine the windows and interior furnishings of the facility to determine whether adequate protective measures have been implemented to protect children against the dangers associated with windows and interior furnishings in the event of a natural disaster or terrorist attack, including the deadly effect of flying glass. Title II: Federal Protective Service Reform - Federal Protective Service Reform Act of 2000 - Amends the Act of June 1, 1948, to redesignate special policemen of the General Services Administration (GSA) as police officers. (Sec. 203) Empowers such police officers while on duty (effective only after the Commissioner of the Federal Protective Service (FPS, established in section 206 of this Act) issues regulations implementing this section and the Attorney General approves such regulations) to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations, on and off the property, of offenses on such property. Authorizes the Administrator to enter into agreements with State and local governments to obtain authority for police officers appointed under the Act to exercise, concurrently with State and local law enforcement authorities, the powers granted to such officers under this section in areas adjacent to property owned or occupied by the United States and under the charge and control of the Administrator. (Sec. 204) Increases the maximum penalty for violations of any rules or regulations with respect to Federal property. (Sec. 205) Empowers special agents with the same authority outside Federal property as police officers have. (Sec. 206) Directs the Administrator to establish the FPS as a separate operating service of GSA. Provides for the FPS to be headed by a Commissioner who: (1) shall be appointed by and report directly to the Administrator; and (2) has at least five years of professional law enforcement experience in a command or supervisory position. Requires the Commissioner to: (1) assist the Administrator; (2) serve as the U.S. law enforcement officer and security official with respect to the protection of Federal officers and employees in such property (other than buildings and areas that are secured by the United States Secret Service), except as otherwise prohibited by law; (3) render assistance to other Federal, State, and local law enforcement agencies upon request; and (4) coordinate his or her activities with those of the Commissioner of the Public Buildings Service. (Sec. 207) Requires the Director of the Office of Personnel Management to: (1) conduct a survey of the pay and benefits of all Federal police forces to determine whether there are any disparities between the pay and benefit of such forces that are not commensurate with differences in duties or working conditions; and (2) transmit to Congress a report containing the results of such survey, together with the Director's findings and recommendations. (Sec. 208) Requires there to be at least 730 full-time police officers in the FPS one year after the enactment of this Act. Prohibits any reduction in such number of officers unless specifically authorized by law. (Sec. 209) Directs the Commissioner to prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for Federal property. (Sec. 210) Authorizes appropriations from the Federal Buildings Fund."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Service Members Student Loan Relief Act''. SEC. 2. DEFERRAL FOR CERTAIN PERIOD IN CONNECTION WITH RECEIPT OF ORDERS FOR MOBILIZATION FOR WAR OR NATIONAL EMERGENCY. (a) Federal Family Education Loans.--Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended-- (1) in the matter preceding clause (i), by striking ``, during any period''; (2) in clause (i), by striking ``during which'' and inserting ``during any period during which''; (3) in clause (ii), by striking ``during which'' and inserting ``during any period during which''; (4) in clause (iii)-- (A) by striking ``during which'' and inserting ``during any period during which''; and (B) in the matter following subclause (II), by striking ``or'' after the semicolon; (5) by redesignating clause (iv) as clause (vi); (6) by inserting after clause (iii) the following: ``(iv) in the case of any borrower who has received a call or order to duty described in subclause (I) or (II) of clause (iii), during the shorter of-- ``(I) the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in subclause (I) or (II) of clause (iii); and ``(II) the 180-day period preceding the first day of such service; ``(v) notwithstanding clause (iv)-- ``(I) in the case of any borrower described in such clause whose call or order to duty is cancelled before the first day of the service described in subclause (I) or (II) of clause (iii) because of a personal injury in connection with training to prepare for such service, during the period described in clause (iv) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and ``(II) in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in subclause (I), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled; and''; and (7) in clause (vi) (as redesignated by paragraph (5)), by striking ``not in excess'' and inserting ``during any period not in excess''. (b) Direct Loans.--Section 455(f)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``during any period''; (2) in subparagraph (A), by striking ``during which'' and inserting ``during any period during which''; (3) in subparagraph (B), by striking ``not in excess'' and inserting ``during any period not in excess''; (4) in subparagraph (C)-- (A) by striking ``during which'' and inserting ``during any period during which''; and (B) in the matter following clause (ii), by striking ``or'' after the semicolon; (5) by redesignating subparagraph (D) as subparagraph (F); (6) by inserting after subparagraph (C) the following: ``(D) in the case of any borrower who has received a call or order to duty described in clause (i) or (ii) of subparagraph (C), during the shorter of-- ``(i) the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in clause (i) or (ii) of subparagraph (C); and ``(ii) the 180-day period preceding the first day of such service; ``(E) notwithstanding subparagraph (D)-- ``(i) in the case of any borrower described in such subparagraph whose call or order to duty is cancelled before the first day of the service described in clause (i) or (ii) of subparagraph (C) because of a personal injury in connection with training to prepare for such service, during the period described in subparagraph (D) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and ``(ii) in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in clause (i), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled; and''; and (7) in subparagraph (F) (as redesignated by paragraph (5)), by striking ``not in excess'' and inserting ``during any period not in excess''. (c) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended-- (1) in the matter preceding clause (i), by striking ``during any period''; (2) in clause (i), by striking ``during which'' and inserting ``during any period during which''; (3) in clause (ii), by striking ``not in excess'' and inserting ``during any period not in excess''; (4) in clause (iii), by striking ``during which'' and inserting ``during any period during which''; (5) by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; (6) by inserting after clause (iii) the following: ``(iv) in the case of any borrower who has received a call or order to duty described in subclause (I) or (II) of clause (iii), during the shorter of-- ``(I) the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in subclause (I) or (II) of clause (iii); and ``(II) the 180-day period preceding the first day of such service; ``(v) notwithstanding clause (iv)-- ``(I) in the case of any borrower described in such clause whose call or order to duty is cancelled before the first day of the service described in subclause (I) or (II) of clause (iii) because of a personal injury in connection with training to prepare for such service, during the period described in clause (iv) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and ``(II) in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in subclause (I), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled;''; (7) in clause (vi) (as redesignated by paragraph (5)), by striking ``not in excess'' and inserting ``during any period not in excess''; and (8) in clause (vii) (as redesignated by paragraph (5)), by striking ``during which'' and inserting ``during any period during which''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to authorize any refunding of any repayment of a loan. (e) Applicability.--The amendments made by this section shall apply with respect to all loans made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). SEC. 3. CONFORMING AMENDMENTS. Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is further amended-- (1) in section 428B(d)(1)(A)(ii) (20 U.S.C. 1078- 2(d)(1)(A)(ii)), by striking ``428(b)(1)(M)(i)(I)'' and inserting ``clause (i)(I), (iv), or (v) of section 428(b)(1)(M)''; and (2) in section 493D(a) (20 U.S.C. 1098f(a)), by striking ``section 428(b)(1)(M)(iii), 455(f)(2)(C), or 464(c)(2)(A)(iii)'' and inserting ``clause (iii) or (iv) of section 428(b)(1)(M), subparagraph (C) or (D) of section 455(f)(2), or clause (iii) or (iv) of section 464(c)(2)(A)''.", "summary": "Service Members Student Loan Relief Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow members of the Armed Forces and National Guard to defer payments of principal on their Federal Family Education Loans, William D. Ford Federal Direct Loans, and Federal Perkins Loans for the period (up to 180 days) beginning on the date they receive a call or order to duty in connection with a war, military operation, or national emergency and ending on their first day of service. (Currently, the payment of principal on those loans is also deferred during their period of service and for the 180-day period after their demobilization date.) Allows individuals whose call to duty is cancelled before their first day of service: (1) due to a service training injury, to defer payments of principal on those loans through what would have been their period of service; and (2) for a reason other than a service training injury, to defer payments of principal on those loans for 14 days after that cancellation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer's Right To View Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Federal Communications Commission predicts a diminished role for broadcast television and a more prominent role for cable television including pay-per-view. (2) Roughly 18,800,000 American homes are equipped to receive pay-per-view and this number is expected to increase to 35,900,000 by 1996. Overall pay-per-view revenue is expected to reach $1,100,000,000 by 1996. (3) There is a growing trend toward making events available exclusively on pay-per-view. (4) As this trend develops, whether the consumer has access to these events will be determined by the ability of the consumer to pay. (5) Professional sports leagues are beginning to see pay- per-view as a new revenue source to keep pace with escalating player salaries. (6) As a result, some media analysts predict that several of broadcast television's premier sports attractions eventually will migrate to pay-per-view. (7) Limited access to viewing such events as the ``Super Bowl'' or ``World Series'' would deprive citizens of the ability to enjoy these events which are inherent in the American tradition. (8) The majority of facilities in which such events are held are funded through taxpayer money. (9) It is unfair that taxpayers, who subsidize the construction and maintenance of many of these facilities, should have to pay an additional pay-per-view charge for viewing these events. (10) Nonprofit and public organizations including public and private educational institutions and their athletic organizations are exempt from the corporate income tax. (11) Furthermore, corporations can deduct their donations to college sporting events as charitable contributions. (12) Tax exempt status is granted to these nonprofit and public organizations by the Federal Government and it is unfair to allow those who use this status to engage in pay-per-view telecasting--thus forcing taxpayers to pay again. (13) It is unfair that taxpayers, who subsidize the construction and maintenance of many of these facilities, should have to pay an additional pay-per-view charge for viewing these events. (14) Therefore, Congress should ensure that all taxpaying citizens have free access to events that are sponsored by organizations with nonprofit tax exempt status and those events held in taxpayer subsidized facilities. SEC. 3. PAY-PER-VIEW CHARGES PROHIBITED. Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is amended by adding at the end thereof the following new subsection: ``(i)(1) Notwithstanding any other provision of this title, a cable operator may not assess or collect any separate charges for any video programming of a sporting, theatrical, or other entertainment event if that event is performed at a facility constructed, renovated, or maintained with tax revenues or by an organization that receives public financial support. ``(2) The Commission and local franchising authorities are authorized to make determinations concerning the applicability of the prohibition contained in paragraph (1). In making such determinations-- ``(A) a facility shall be considered to have been constructed, maintained, or renovated with tax revenues if-- ``(i) tax exempt financing was used to construct, maintain, or renovate the facility, ``(ii) the facility was constructed on land donated by a government, or leased by a government at below market rates, or ``(iii) public infrastructure or public service for the facility are provided by the government at below market rates, with the exception of police, fire, and rescue services; ``(B) an event is performed by a nonprofit or public organization that receives tax subsidies if the event is sponsored by, or includes the participation of a team that is a part of, an organization-- ``(i) that is exempt from Federal income taxes under section 501 of the Internal Revenue Code of 1986, or ``(ii) that is exempt from Federal income taxes under section 115 of the Internal Revenue Code of 1986, and to which donations are tax deductible under such Code; and ``(C) notwithstanding subparagraph (A), a facility shall not be considered to have been constructed with tax revenues if the government has been reimbursed, through the proceeds of a sale of the facility or otherwise, for the total amount of the tax revenues that were used to construct the facility, as determined under subparagraph (A), but in this section shall be construed to exempt facilities from this subsection if the facility is receiving current financial support. ``(3) The Commission shall prescribe, by regulation, procedures for the administration of this subsection.''.", "summary": "Taxpayer's Right to View Act of 1993 - Amends the Communications Act of 1934 to prohibit a cable operator from assessing separate charges for any video programming of a sporting, theatrical, or other entertainment event if that event is performed at a facility constructed, renovated, or maintained with tax revenues or by an organization that receives public financial support. Authorizes the Federal Communications Commission and local franchising authorities to make determinations concerning the applicability of such prohibition. Sets forth conditions under which a facility is considered to have been constructed, maintained, or renovated with tax revenues. Considers events performed by nonprofit or public organizations that receive tax subsidies to be subject to this Act if the event is sponsored by, or includes the participation of a team that is part of, a tax exempt organization."}
{"article": "SECTION 1. INDIVIDUALS TAXED ONLY ON EARNED INCOME. (a) In General.--Section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``SECTION 1. TAX IMPOSED. ``(a) Imposition of Tax.--There is hereby imposed on the income of every individual a tax equal to 20 percent of the excess (if any) of-- ``(1) the taxable earned income received or accrued during the taxable year, over ``(2) the standard deduction (as defined in section 63) for such taxable year. ``(b) Taxable Earned Income.--For purposes of this section, the term `taxable earned income' means the excess (if any) of earned income (as defined in section 911(d)(2)) over the foreign earned income (as defined in section 911(b)(1)).'' (b) Increase in Standard Deduction.--Section 63 of such Code is amended to read as follows: ``SEC. 63. STANDARD DEDUCTION. ``(a) In General.--For purposes of this subtitle, the term `standard deduction' means the sum of-- ``(1) the basic standard deduction, plus ``(2) the additional standard deduction. ``(b) Basic Standard Deduction.--For purposes of subsection (a), the basic standard deduction is-- ``(1) $16,500 in the case of-- ``(A) a joint return, and ``(B) a surviving spouse (as defined in section 2(a)), ``(2) $14,000 in the case of a head of household (as defined in section 2(b)), and ``(3) $9,500 in the case of an individual-- ``(A) who is not married and who is not a surviving spouse or head of household, or ``(B) who is a married individual filing a separate return. ``(c) Additional Standard Deduction.--For purposes of subsection (a), the additional standard deduction is $4,500 for each dependent (as defined in section 152) described in section 151(c)(1) for the taxable year. ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1995, each dollar amount contained in subsections (b) and (c) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1994' for `calendar year 1992' in subparagraph (B) of such section. ``(2) Rounding.--If any increase determined under paragraph (1) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.'' SEC. 2. INCOME TAX DEDUCTION FOR CASH CHARITABLE CONTRIBUTIONS. (a) In General.--Subsection (a) of section 170 of the Internal Revenue Code of 1986 (relating to charitable, etc., contributions and gifts) is amended-- (1) by striking paragraph (1) and inserting the following new paragraph: ``(1) General rule.--There shall be allowed as a deduction any charitable contribution (as defined in subsection (c)) not to exceed $2,500 ($1,250, in the case of a married individual filing a separate return), payment of which is made within the taxable year.'', and (2) by striking paragraph (3). (b) Conforming Amendments.-- (1) Section 170(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Termination of subsection.--This subsection shall not apply to taxable years beginning after December 31, 1995.'' (2) Section 170(c) of such Code is amended by inserting ``of cash or its equivalent'' after ``means a contribution or gift''. (3) Subsections (d) and (e) of section 170 of such Code are repealed. (4) Section 170(f) of such Code is amended by striking paragraphs (1) through (7) and by redesignating paragraphs (8) and (9) as paragraphs (1) and (2), respectively. (5) Subsections (h) and (i) of section 170 of such Code are repealed. SEC. 3. LIMITATION OF HOME MORTGAGE DEDUCTION TO ACQUISITION INDEBTEDNESS. Paragraph (3) of section 163(h) of the Internal Revenue Code of 1986 (relating to interest) is amended-- (1) by striking subparagraphs (A), (C), and (D) and inserting before subparagraph (B) the following new subparagraph: ``(A) In general.--The term `qualified residence interest' means any interest which is paid or accrued during the taxable year on acquisition indebtedness with respect to any qualified residence of the taxpayer. For purposes of the preceding sentence, the determination of whether any property is a qualified residence of the taxpayer shall be made as of the time the interest is accrued.'', and (2) by striking ``$1,000,000'' each place it appears and ``$500,000'' in subparagraph (B)(ii) and inserting ``$100,000'' and ``$50,000'', respectively. SEC. 4. MODIFICATION OF TAX ON BUSINESS ACTIVITIES. Section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended to read as follows: ``SEC. 11. TAX IMPOSED ON BUSINESS ACTIVITIES. ``(a) Tax Imposed.--There is hereby imposed on every person engaged in a business activity a tax equal to 20 percent of the business taxable income of such person. ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. ``(c) Business Taxable Income.-- ``(1) In general.--For purposes of this section, the term `business taxable income' means gross active income reduced by the deductions specified in subsection (d). ``(2) Gross active income.--For purposes of paragraph (1), the term `gross active income' means gross income other than investment income. ``(d) Deductions.-- ``(1) In general.--The deductions specified in this subsection are-- ``(A) the cost of business inputs for the business activity, ``(B) the compensation (including contributions to qualified retirement plans but not including other fringe benefits) paid for employees performing services in such activity, and ``(C) the cost of tangible personal and real property used in such activity. ``(2) Business inputs.--For purposes of subparagraph (A), the term `cost of business inputs' means-- ``(A) the actual amount paid for goods, services, and materials, whether or not resold during the taxable year, ``(B) the fair market value of business inputs brought into the United States, and ``(C) the actual cost, if reasonable, of travel and entertainment expenses for business purposes. Such term shall not include purchases of goods and services provided to employees or owners. ``(e) Carryover of Excess Deductions.-- ``(1) In general.--If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the amount of the deductions specified in subsection (d) for the succeeding taxable year (determined without regard to this subsection) shall be increased by the sum of-- ``(A) such excess, plus ``(B) the product of such excess and the 3-month Treasury rate for the last month of such taxable year. ``(2) 3-month treasury rate.--For purposes of paragraph (1), the 3-month Treasury rate is the rate determined by the Secretary based on the average market yield (during any 1-month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 months or less.'' SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1995.", "summary": "Amends the Internal Revenue Code to impose a 20 percent tax on the taxable earned income of every individual. Bases such amount on the standard deduction. (Replaces current income tax procedures for individuals.) Increases the basic standard deduction and includes an additional standard deduction (limited to dependents only), with inflation adjustments. Limits charitable contributions to $2,500 ($1,250 in the case of married individuals filing separately). Limits the deduction for interest paid on a home mortgage to the amount of acquisition indebtedness, with limitations. Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mississippi Gulf Coast National Heritage Area Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) the 6-county area in southern Mississippi located on the Gulf of Mexico and in the Mississippi Coastal Plain has a unique identity that is shaped by-- (A) the coastal and riverine environment; and (B) the diverse cultures that have settled in the area; (2) the area is rich with diverse cultural and historical significance, including-- (A) early Native American settlements; and (B) Spanish, French, and English settlements originating in the 1600s; (3) the area includes spectacular natural, scenic, and recreational resources; (4) there is broad support from local governments and other interested individuals for the establishment of the Mississippi Gulf Coast National Heritage Area to coordinate and assist in the preservation and interpretation of those resources; (5) the Comprehensive Resource Management Plan, coordinated by the Mississippi Department of Marine Resources-- (A) is a collaborative effort of the Federal Government and State and local governments in the area; and (B) is a natural foundation on which to establish the Heritage Area; and (6) establishment of the Heritage Area would assist local communities and residents in preserving the unique cultural, historical, and natural resources of the area. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Mississippi Gulf Coast National Heritage Area established by section 4(a). (2) Coordinating entity.--The term ``coordinating entity'' means the coordinating entity for the Heritage Area designated by section 4(c). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 5. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Mississippi. SEC. 4. MISSISSIPPI GULF COAST NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Mississippi Gulf Coast National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of the counties of Pearl River, Stone, George, Hancock, Harrison, and Jackson in the State. (c) Coordinating Entity.-- (1) In general.--The Mississippi Department of Marine Resources, in consultation with the Mississippi Department of Archives and History, shall serve as the coordinating entity for the Heritage Area. (2) Oversight committee.--The coordinating entity shall ensure that each of the 6 counties included in the Heritage Area is appropriately represented on any oversight committee. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the coordinating entity shall develop and submit to the Secretary a management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) provide recommendations for the conservation, funding, management, interpretation, and development of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; (2) identify sources of funding for the Heritage Area; (3) include-- (A) an inventory of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; and (B) an analysis of ways in which Federal, State, tribal, and local programs may best be coordinated to promote the purposes of this Act; (4) provide recommendations for educational and interpretive programs to inform the public about the resources of the Heritage Area; and (5) involve residents of affected communities and tribal and local governments. (c) Failure to Submit.--If a management plan is not submitted to the Secretary by the date specified in subsection (a), the Secretary shall not provide any additional funding under this Act until a management plan for the Heritage Area is submitted to the Secretary. (d) Approval or Disapproval of the Management Plan.-- (1) In general.--Not later than 90 days after receipt of the management plan under subsection (a), the Secretary shall approve or disapprove the management plan. (2) Action following disapproval.--If the Secretary disapproves a management plan under paragraph (1), the Secretary shall-- (A) advise the coordinating entity in writing of the reasons for disapproval; (B) make recommendations for revision of the management plan; and (C) allow the coordinating entity to submit to the Secretary revisions to the management plan. (e) Revision.--After approval by the Secretary of the management plan, the coordinating entity shall periodically-- (1) review the management plan; and (2) submit to the Secretary, for review and approval by the Secretary, any recommendations for revisions to the management plan. SEC. 6. AUTHORITIES AND DUTIES OF COORDINATING ENTITY. (a) Authorities.--For purposes of developing and implementing the management plan and otherwise carrying out this Act, the coordinating entity may make grants to and provide technical assistance to tribal and local governments, and other public and private entities. (b) Duties.--In addition to developing the management plan under section 5, in carrying out this Act, the coordinating entity shall-- (1) implement the management plan; and (2) assist local and tribal governments and non-profit organizations in-- (A) establishing and maintaining interpretive exhibits in the Heritage Area; (B) developing recreational resources in the Heritage Area; (C) increasing public awareness of, and appreciation for, the cultural, historical, archaeological, and natural resources of the Heritage Area; (D) restoring historic structures that relate to the Heritage Area; and (E) carrying out any other activity that the coordinating entity determines to be appropriate to carry out this Act, consistent with the management plan; (3) conduct public meetings at least annually regarding the implementation of the management plan; and (4) for any fiscal year for which Federal funds are made available under section 9-- (A) submit to the Secretary a report that describes, for the fiscal year, the actions of the coordinating entity in carrying out this Act; (B) make available to the Secretary for audit all records relating to the expenditure of funds and any matching funds; and (C) require, for all agreements authorizing the expenditure of Federal funds by any entity, that the receiving entity make available to the Secretary for audit all records relating to the expenditure of the funds. (c) Prohibition on Acquisition of Real Property.--The coordinating entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property. SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES. (a) In General.--On the request of the coordinating entity, the Secretary may provide technical and financial assistance to the coordinating entity for use in the development and implementation of the management plan. (b) Prohibition of Certain Requirements.--The Secretary may not, as a condition of the provision of technical or financial assistance under this section, require any recipient of the assistance to impose or modify any land use restriction or zoning ordinance. SEC. 8. EFFECT OF ACT. Nothing in this Act-- (1) affects or authorizes the coordinating entity to interfere with-- (A) the right of any person with respect to private property; or (B) any local zoning ordinance or land use plan; (2) restricts an Indian tribe from protecting cultural or religious sites on tribal land; (3) modifies, enlarges, or diminishes the authority of any State, tribal, or local government to regulate any use of land under any other law (including regulations); (4)(A) modifies, enlarges, or diminishes the authority of the State to manage fish and wildlife in the Heritage Area, including the regulation of fishing and hunting; or (B) authorizes the coordinating entity to assume any management authorities over such lands; or (5) diminishes the trust responsibilities or government-to- government obligations of the United States to any federally recognized Indian tribe. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b) Cost-Sharing Requirement.--The Federal share of the total cost of any activity assisted under this Act shall be not more than 50 percent.", "summary": "Mississippi Gulf Coast National Heritage Area Act - Establishes, in the State of Mississippi, the Mississippi Gulf Coast National Heritage Area, and assigns the Mississippi Department of Marine Resources to serve as the Area's coordinating entity (the entity). Directs the entity to develop and submit to the Secretary of the Interior a management plan for the Area. States elements that the plan shall contain, including recommendations for: (1) the conservation and development of the Area's resources; and (2) educational and interpretive programs.Directs the Secretary to approve or disapprove of the plan. Directs the entity to periodically review the plan and to submit amendments for approval.Allows the entity to make grants to and provide technical assistance to tribal and local governments and other public and private entities to further the development and implementation of the plan. Directs the entity to perform certain functions in carrying out this Act, including to: (1) assist local and tribal governments and non-profits in various ways; and (2) make available to the Secretary for audit all records relating to the expenditure of funds and any matching funds.Sets forth things this Act shall not do, including that it shall not restrict an Indian tribe from protecting cultural or religious sites on tribal land."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013'' or the ``CLEAR Cost Information Act of 2013''. SEC. 2. REPORTING OF CERTAIN HOSPITAL PAYMENT DATA. (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (V), by striking ``and'' at the end; (B) in subparagraph (W), as added by section 3005 of Public Law 111-148-- (i) by moving such subparagraph 2 ems to the left; and (ii) by striking the period at the end and inserting a comma; (C) in subparagraph (W), as added by section 6406(b) of Public Law 111-148-- (i) by moving such subparagraph 2 ems to the left; (ii) by redesignating such subparagraph as subparagraph (X); and (iii) by striking the period at the end and inserting ``, and''; and (D) by inserting after subparagraph (X), as redesignated by subparagraph (C)(ii), the following new subparagraph: ``(Y) in the case of a subsection (d) hospital (as defined in section 1886(d)(1)(B)), to report payment data to the Secretary in accordance subsection (l).''; and (2) by adding at the end the following new subsection: ``(l) Reporting of Certain Hospital Payment Data.-- ``(1) In general.--A subsection (d) hospital (as defined in section 1886(d)(1)(B)) shall submit to the Secretary data on the actual amounts collected by the hospital from uninsured and insured patients over the preceding 2 years for each of the procedures described in paragraph (2). ``(2) Procedures described.--The procedures described in this paragraph are the 50 most common diagnosis-related groups and ambulatory payment classification groups for which payment is made under this title, as determined by the Secretary based on claims data, in both the inpatient and outpatient settings. ``(3) Transparency.-- ``(A) In general.--In order to be beneficial to consumers, the reporting of data under this subsection shall be done in a manner that is transparent to the general public. ``(B) Public availability of information.--The Secretary shall post data submitted under paragraph (1) on a publicly accessible and searchable Internet website in a form and manner that-- ``(i) allows for meaningful comparisons of hospital collections and related policies by zip code; and ``(ii) is readily understandable by a typical consumer. ``(C) Linking of data.--A subsection (d) hospital shall include a link to the data posted under subparagraph (B) on the home Internet website of the hospital.''. (b) Effective Date.--The amendments made by this section shall apply to contracts entered into, or renewed, on or after the date of the enactment of this Act. SEC. 3. INCLUSION OF INFORMATION ON CHARITY CARE FURNISHED BY HOSPITALS IN MEDPAC'S ANNUAL REPORT. Each annual report submitted to Congress after the date of the enactment of this Act by the Medicare Payment Advisory Commission under section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall contain information on the percentage that charity care makes up of the total care furnished by hospitals and critical access hospitals. SEC. 4. PUBLIC AVAILABILITY OF REPORT ON TRENDS IN LEVELS OF CHARITY CARE PROVIDED BY CERTAIN HOSPITALS. (a) Posting of Data.--Section 9007(e)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148; 124 Stat. 858) is amended by adding at the end the following new subparagraph: ``(C) Public availability.--The Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, shall post the data contained in the report under subparagraph (B) on a publicly accessible and searchable website that-- ``(i) allows for meaningful comparisons of the data by zip code; and ``(ii) is readily understandable by a typical consumer.''. (b) Medicare Requirement for Hospitals To Provide a Link to the Data on the Hospital's Home Webpage.-- (1) In general.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)), as amended by section 2, is amended-- (A) in subparagraph (X), by striking ``and'' at the end; (B) in subparagraph (Y), by striking the period at the end and inserting ``, and''; and (C) by inserting after subparagraph (Y) the following new subparagraph: ``(Z) in the case of hospitals and critical access hospitals, to include a link on the home Internet website of the hospital or critical access hospital to the data posted under section 9007(e)(2)(C) of the Patient Protection and Affordable Care Act.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to contracts entered into, or renewed, on or after the date of the enactment of this Act.", "summary": "Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013 [sic] or CLEAR Cost Information Act of 2013 [sic] - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require service providers, in order to be qualified to participate and receive Medicare payments under any agreement filed with the Secretary of Health and Human Services (HHS), to report to the Secretary payment data on "subsection (d) hospitals." (Generally, a subsection (d) hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system when providing covered inpatient services to eligible beneficiaries.) Requires a subsection (d) hospital to submit to the Secretary data on the actual amounts it has collected from uninsured and insured patients over the preceding two years for each of the 50 most common diagnosis-related groups and ambulatory payment classification groups for which payment is made in both the inpatient and outpatient settings. Requires each annual report submitted to Congress by the Medicare Payment Advisory Commission (MEDPAC) to contain information on the percentage that charity care makes up of the total care furnished by hospitals and critical access hospitals. Amends the Patient Protection and Affordable Care Act to require the Secretary of the Treasury to post data on trends in the levels of charity care provided by certain hospitals on a publicly accessible and searchable website. Amends SSA title XVIII to require hospitals and critical access hospitals to include a link to such data on their home Internet websites."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Reef Resource Conservation and Management Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) coral reefs have great commercial, recreational, cultural, environmental, and aesthetic value; (2) coral reefs-- (A) provide habitat to \\1/3\\ of all marine fish species; (B) are essential building blocks for biodiversity; (C) are instrumental in forming tropical islands; (D) protect coasts from waves and storms; (E) contain an array of potential pharmaceuticals; and (F) support tourism and fishing industries in the United States worth billions of dollars; (3) studies indicate that coral reefs in the United States and around the world are being degraded and severely threatened by human and environmental impacts, including land-based pollution, overfishing, destructive fishing practices, vessel groundings, and climate change; (4) the Department of the Interior-- (A) manages extensive acreage that contains sensitive coral reef habitat and adjacent submerged land at 20 national wildlife refuges and 9 units of the National Park System-- (i) in the States of Hawaii and Florida; and (ii) in the territories of Guam, American Samoa, and the United States Virgin Islands; and (B) maintains oversight responsibility for additional significant coral reef resources under Federal jurisdiction in insular areas, territories, and surrounding territorial waters in the Pacific Ocean and Caribbean Sea; (5) few of the 4,200,000 acres of coral reefs of the United States have been mapped or have had their conditions assessed or characterized; (6) the Department of the Interior conducts scientific research and monitoring to determine the structure, function, status, and condition of the coral reefs of the United States; and (7) the Department of the Interior, in cooperation with public and private partners, provides technical assistance and engages in management and conservation activities for coral reef habitats. (b) Purposes.--The purposes of this Act are-- (1) to conserve, protect, and restore the health of coral reef ecosystems and the species of fish, plants, and animals that depend on those ecosystems; (2) to support the monitoring, assessment, management, and protection of coral reef ecosystems over which the United States has jurisdiction (including coral reef ecosystems located in national wildlife refuges and units of the National Park System); (3) to augment and support the efforts of the Department of the Interior, the National Oceanic and Atmospheric Administration, and other members of the Coral Reef Task Force; (4) to support research efforts that contribute to coral reef conservation; (5) to support education, outreach, and enforcement for coral reef conservation; (6) to provide financial resources and matching funds for partnership efforts to accomplish the purposes described in paragraphs (1) through (4); and (7) to coordinate with the Coral Reef Task Force and other agencies to address priorities identified by the Coral Reef Task Force. SEC. 3. DEFINITIONS. In this Act: (1) Coral.--The term ``coral'' means any species of the phylum Cnidaria, including-- (A) any species of the order Antipatharia (black corals), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), Alcyanacea (soft corals), or Coenothecalia (blue corals), of the class Anthozoa; and (B) any species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. (2) Coral reef.--The term ``coral reef'' means the species (including reef plants and coralline algae), habitats, and other natural resources associated with any reef or shoal composed primarily of corals within all maritime areas and zones subject to the jurisdiction of the United States, including Federal, State, territorial, or commonwealth waters in the south Atlantic, the Caribbean, the Gulf of Mexico, and the Pacific Ocean. (3) Coral reef conservation project.--The term ``coral reef conservation project'' means an activity that contributes to or results in preserving, sustaining, or enhancing any coral reef ecosystem as a healthy, diverse, and viable ecosystem, including-- (A) any action to enhance or improve resource management of a coral reef, such as assessment, scientific research, protection, restoration and mapping; (B) habitat monitoring and any species survey or monitoring of a species; (C) any activity necessary for planning and development of a strategy for coral reef management; (D) community outreach and education on the importance and conservation of coral reefs; and (E) any activity in support of the enforcement of laws relating to coral reefs. (4) Coral reef task force.--The term ``Coral Reef Task Force'' means the task force established under Executive Order No. 13089 (June 11, 1998). (5) Foundation.--The term ``foundation'' means a foundation that is a registered nonprofit organization under section 501(c) of the Internal Revenue Code of 1986. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands, or any other territory or possession of the United States. SEC. 4. CORAL REEF RESOURCE CONSERVATION GRANT PROGRAM. (a) In General.--The Secretary shall provide grants for coral reef conservation projects in accordance with this section. (b) Eligibility.--The Secretary may award a grant under this section to-- (1) any appropriate natural resource management authority of a State-- (A) that has jurisdiction over coral reefs; or (B) the activities of which affect coral reefs; or (2) any educational or nongovernmental institution or organization with demonstrated expertise in marine science or coral reef conservation. (c) Matching Requirements.-- (1) Federal share.--Except as provided in paragraph (3), the Federal share of the cost of a coral reef conservation project that receives a grant under this section shall not exceed 75 percent of the total cost of the project. (2) Non-federal share.--The non-Federal share of the cost of a coral reef conservation project that receives a grant under this section may be provided in cash or in kind. (3) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if-- (A) the cost of the project is $25,000 or less; or (B) the project is necessary to undertake, complete, or enhance planning and monitoring requirements for coral reef areas under-- (i) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); or (ii) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.). (d) Allocation.--The Secretary shall award grants under this section so that-- (1) not less than 40 percent of the grant funds available are awarded for coral reef conservation projects in the Pacific Ocean; (2) not less than 40 percent of the grant funds available are awarded for coral reef conservation projects in the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea; and (3) the remaining grant funds are awarded for coral reef conservation projects that address emergency priorities or threats identified by the Secretary, in consultation with the Coral Reef Task Force. (e) Annual Funding Priorities.--After consultation with the Coral Reef Task Force, States, regional and local entities, and nongovernmental organizations involved in coral and marine conservation, the Secretary shall identify site-specific and comprehensive threats and constraints that-- (1) are known to affect coral reef ecosystems (including coral reef ecosystems in national wildlife refuges and units of the National Park System); and (2) shall be considered in establishing annual funding priorities for grants awarded under this subsection. (f) Project Review and Approval.-- (1) In general.--The Secretary shall review and rank coral reef conservation project proposals according to the criteria described in subsection (g). (2) Peer review.-- (A) In general.--For projects that have a cost of $25,000 or more, the Secretary shall-- (i) provide for merit-based peer review of the proposal; and (ii) require standardized documentation of the peer review. (B) Expedited process.--For projects that have a cost of less than $25,000, the Secretary shall provide an expedited peer review process. (C) Individual grants.--As part of the peer review process for individual grants, the Secretary shall request written comments from the appropriate bureaus or departments of the State or other government having jurisdiction over the area where the project is proposed to be conducted. (3) List.--At the beginning of each fiscal year, the Secretary shall make available a list describing projects selected during the previous fiscal year for funding under subsection (g). (g) Project Approval Criteria.--The Secretary shall evaluate and select project proposals for funding based on the degree to which each proposed project-- (1) is consistent with the purposes of this Act; and (2) would-- (A) promote the long-term protection, conservation, restoration, or enhancement of coral reef ecosystems in or adjoining areas under the jurisdiction of the Department of the Interior; (B) promote cooperative conservation projects with local communities, nongovernmental organizations, educational or private institutions, affected local governments, territories, or insular areas; (C) enhance public knowledge and awareness of coral reef resources and sustainable use through education and outreach; (D) develop sound scientific information on the condition of and threats to coral reef ecosystems through mapping, monitoring, research and analysis; and (E) increase compliance with laws relating to coral reefs. (h) Regulations.-- (1) In general.--Except as provided in paragraph (2), not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate regulations to implement this Act. (2) Project approval.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to implement subsection (f), including requirements for project proposals. (3) Consultation.--In developing regulations under this subsection, the Secretary shall identify priorities for coral reef resource protection and conservation in consultation with agencies and organizations involved in coral and marine conservation, including-- (A) the Coral Reef Task Force; (B) interested States; (C) regional and local entities; and (D) nongovernmental organizations. (i) Administration.-- (1) Foundation involvement.-- (A) Agreements.--The Secretary may enter into an agreement with 1 or more foundations to accept, receive, hold, transfer, solicit, and administer funds received or made available for a grant program under this Act (including funds received in the form of a gift or donation). (B) Funds.--A foundation that enters into an agreement described in subparagraph (A) shall-- (i) invest, reinvest, and otherwise administer funds described in subparagraph (A); and (ii) maintain the funds and any interest or revenues earned in a separate interest-bearing account that is-- (I)(aa) an insured depository institution, as the term is defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); or (bb) an insured credit union, as the term is defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); and (II) established by the foundation solely to support partnerships between the public and private sectors that further the purposes of this Act. (2) Review of performance.-- (A) In general.--Beginning in fiscal year 2000, and biennially thereafter, the Secretary shall conduct a review of each grant program administered by a foundation under this subsection. (B) Assessment.--Each review under subparagraph (A) shall include a written assessment describing the extent to which the foundation has implemented the goals and requirements of this section. (j) Transfers.-- (1) In general.--Under an agreement entered into under subsection (i)(1)(A), the Secretary may transfer funds appropriated under section 5(b) to a foundation. (2) Use of transferred funds.--Amounts received by a foundation under this subsection may be used for matching, in whole or in part, contributions (whether in currency, services, or property) made to the foundation by private persons and State and local government agencies. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2000 through 2004, to remain available until expended. (b) Limitation on Administrative Funds.--Not more than 6 percent of the amounts appropriated under this section may be used for program management and administration under this Act.", "summary": "Limits the Federal share of project costs to 75 percent. Waives the matching requirement if the cost of the project is $25,000 or less or the project is necessary to undertake planning and monitoring requirements for coral reef areas under specified Federal laws. Allocates 40 percent of grant awards for projects in the Pacific Ocean, 40 percent for projects in the Atlantic Ocean, Gulf of Mexico, and the Caribbean Sea, and the remainder for projects that address emergency priorities or threats. Sets forth procedures for project review and approval. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities Committed to College Tax Credit Act of 2008''. SEC. 2. CREDIT FOR CONTRIBUTIONS TO A TRUST USED TO PROVIDE NEED-BASED COLLEGE SCHOLARSHIPS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30D. CONTRIBUTIONS TO TRUST USED TO PROVIDE NEED-BASED COLLEGE SCHOLARSHIPS. ``(a) Allowance of Credit.--In addition to any deduction allowable under this title, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of designated qualified college scholarship funding contributions made by the taxpayer during the taxable year. ``(b) Designated Qualified College Scholarship Funding Contribution.--For purposes of this section-- ``(1) In general.--The term `designated qualified college scholarship funding contribution' means any charitable contribution (as defined in section 170(c))-- ``(A) which is paid in cash by the taxpayer to a qualified scholarship funding trust, and ``(B) which is designated by the trust for purposes of this section. ``(2) Qualified scholarship funding trust.--The term `qualified scholarship funding trust' means a trust-- ``(A) which is established and maintained in the United States by an organization-- ``(i) described in section 501(c)(3) and exempt from tax under section 501(a), and ``(ii) organized primarily for educational purposes, ``(B) which is part of a plan of one or more local education agencies (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) of the State in which such trust is established and maintained to provide scholarships to children of such agencies, and ``(C) the written governing instrument of which-- ``(i) requires that the income of the trust be used exclusively to provide qualified scholarships (as defined in section 117(b)) to individuals who-- ``(I) are candidates for a degree at an institution of higher education (within the meaning given such term by section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), and ``(II) have demonstrated financial need in accordance with section 471 of such Act (20 U.S.C. 1087kk), and ``(ii) requires that the assets of the trust not be distributed for any purpose. ``(c) Limitations.-- ``(1) In general.--There is a national qualified college scholarship funding contribution limitation of $1,000,000,000. ``(2) Allocation of limitation.-- ``(A) In general.--Such national limitation shall be allocated by the Secretary among the qualified scholarship funding trusts which have registered with the Secretary on or before the 180th day after the date of the enactment of this section. Each trust's share of such national limitation shall be the amount which bears the same ratio to such limitation as the number of school age children of such trust's sponsoring agencies bears to the aggregate number of school age children of the sponsoring agencies of all trusts which have so registered with the Secretary. ``(B) School age children of sponsoring agencies.-- For purposes of subparagraph (A), the number of school age children of a trust's sponsoring agencies is the number of children of the local education agencies referred to in subsection (b)(2)(B) who have attained age 5 but not age 18 for the most recent fiscal year ending before the date the allocations under this paragraph are made. ``(3) Designation subject to allocated limitation amount.-- The amount of contributions made to a qualified scholarship funding trust which may be designated by such trust for purposes of this section shall not exceed the limitation amount allocated to such trust under paragraph (2). ``(4) Maximum allocation per trust.--The maximum qualified college scholarship funding contribution limitation which may be allocated to each trust is $200,000,000. An amount which may not be allocated to a trust by reason of the preceding sentence shall be allocated as provided in paragraph (2) among registered qualified scholarship funding trusts whose allocated limitation (without regard to this sentence) does not exceed $200,000,000. ``(d) Application With Other Credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C, over ``(2) the tentative minimum tax for the taxable year. ``(e) Application of Section.--This section shall apply only to contributions made during the 3-year period beginning on the 180th day after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30D. Contributions to trust used to provide need-based college scholarships.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made on or after the 180th day after the date of the enactment of this Act in taxable years ending after such date.", "summary": "Communities Committed to College Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for 50% of any contribution to a tax-exempt scholarship funding trust established to provide scholarships for individuals with demonstrated financial need to attend institutions of higher education."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Peninsula Subsurface Consolidation Act of 1993''. SEC. 2. DEFINITIONS. As used in this Act: (1) Agency.--The term agency-- (A) means-- (i) any instrumentality of the United States; and (ii) any Government corporation (as defined in section 9101(1) of title 31, United States Code); and (B) includes any element of an agency. (2) Alaska native corporation.--The term ``Alaska Native Corporation'' has the same meaning as is provided for ``Native Corporation'' in section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)). (3) Koniag.--The term ``Koniag'' means Koniag, Incorporated, which is a Regional Corporation. (4) Koniag account.--The term ``Koniag Account'' means the account established under section 4. (5) Property.--The term ``property'' has the same meaning as is provided in section 12(b)(7)(vii) of Public Law 94-204 (43 U.S.C. 1611 note). (6) Regional corporation.--The term ``Regional Corporation'' has the same meaning as is provided in section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g)). (7) Secretary.--Except as otherwise provided, the term ``Secretary'' means the Secretary of the Interior. (8) Selection rights.--The term ``selection rights'' means those rights granted to Koniag, pursuant to subsections (a) and (b) of section 12, and section 14(h)(8), of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613(h)(8)), to receive title to the oil and gas rights and other interests in the subsurface estate of the approximately 275,000 acres of public lands in the State of Alaska identified as ``Koniag Selections'' on the map entitled ``Koniag Interest Lands, Alaska Peninsula'', dated May 1989. SEC. 3. ACQUISITION OF KONIAG SELECTION RIGHTS. -(-a-) -I-n -G-e-n-e-r-a-l-.-- -(-1-) -T-e-n-d-e-r -o-f -r-e-l-i-n-q-u-i-s-h-m-e-n-t -a-n-d -a-c-c-e-p-t-a-n-c-e-.----I-f -t-h-e -S-e-c-r-e-t-a-r-y -r-e-c-e-i-v-e-s -f-r-o-m -K-o-n-i-a-g -a -t-i-m-e-l-y -t-e-n-d-e-r -o-f -r-e-l-i-n-q-u-i-s-h-m-e-n-t -o-f -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s-, -t-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l--- -(-A-) -a-c-c-e-p-t -t-h-e -t-e-n-d-e-r -n-o-t -l-a-t-e-r -t-h-a-n -6-0 -d-a-y-s -a-f-t-e-r -t-h-e -d-a-t-e -o-f -t-h-e -r-e-c-e-i-p-t -o-f -t-h-e -t-e-n-d-e-r-; -a-n-d -(-B-) -n-o-t-i-f-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y -o-f -t-h-e -a-c-c-e-p-t-a-n-c-e -o-f -t-h-e -t-e-n-d-e-r-. -(-2-) -T-i-m-e-l-i-n-e-s-s-.--- -(-A-) -I-n -g-e-n-e-r-a-l-.----F-o-r -t-h-e -p-u-r-p-o-s-e -o-f -p-a-r-a-g-r-a-p-h -(-1-) -a-n-d -s-u-b-j-e-c-t -t-o -s-u-b-p-a-r-a-g-r-a-p-h -(-B-)-, -a -t-e-n-d-e-r -b-y -K-o-n-i-a-g -s-h-a-l-l -b-e -t-i-m-e-l-y -i-f -t-h-e -t-e-n-d-e-r -i-s -r-e-c-e-i-v-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -n-o-t -l-a-t-e-r -t-h-a-n -1-8-0 -d-a-y-s -a-f-t-e-r -t-h-e -l-a-t-e-r -o-f--- -(-i-) -t-h-e -d-a-t-e -o-f -t-h-e -r-e-c-e-i-p-t -b-y -K-o-n-i-a-g -o-f -t-h-e -d-e-t-e-r-m-i-n-a-t-i-o-n -b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -v-a-l-u-e -o-f -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -p-u-r-s-u-a-n-t -t-o -s-u-b-s-e-c-t-i-o-n -(-b-)-; -o-r -(-i-i-) -t-h-e -d-a-t-e -o-f -t-h-e -f-i-n-a-l -r-e-s-o-l-u-t-i-o-n -o-f -a-n-y -d-i-s-p-u-t-e -r-e-g-a-r-d-i-n-g -t-h-e -v-a-l-u-e -o-f -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -u-n-d-e-r -s-u-b-s-e-c-t-i-o-n -(-b-)-. -(-B-) -M-o-d-i-f-i-c-a-t-i-o-n-.----T-h-e -S-e-c-r-e-t-a-r-y -a-n-d -K-o-n-i-a-g -m-a-y -a-g-r-e-e -t-o -m-o-d-i-f-y -t-h-e -d-e-a-d-l-i-n-e -e-s-t-a-b-l-i-s-h-e-d -u-n-d-e-r -s-u-b-p-a-r-a-g-r-a-p-h -(-A-)-. (a) The Secretary shall determine, pursuant to subsection (b) hereof, the value of Selection Rights which Koniag possesses within the boundaries of Aniakchak National Monument and Preserve, Alaska Peninsula National Wildlife Refuge, and Becharof National Wildlife Refuge. (b) Value.-- (1) In general.--The value of the selection rights shall be equal to the fair market value of-- (A) the oil and gas interests in the lands or interests in lands that are the subject of the selection rights; and (B) in the case of the lands or interests in lands for which Koniag is to receive the entire subsurface estate, the subsurface estate of the lands or interests in lands that are the subject of the selection rights. (2) Appraisal.-- (A) Selection of appraiser.-- (i) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary and Koniag shall meet to select a qualified appraiser to conduct an appraisal of the selection rights. Subject to clause (ii), the appraiser shall be selected by the mutual agreement of the Secretary and Koniag. (ii) Failure to agree.--If the Secretary and Koniag fail to agree on an appraiser by the date that is 60 days after the date of the initial meeting referred to in clause (i), the Secretary and Koniag shall, by the date that is not later than 90 days after the date of the initial meeting, each designate an appraiser who is qualified to perform the appraisal. The 2 appraisers so identified shall select a third qualified appraiser who shall perform the appraisal. (B) Standards and methodology.--The appraisal shall-- (i) be conducted in conformity with the standards of the Appraisal Foundation (as defined in section 1121(9) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3350(9)); and -(-i-i-) -u-t-i-l-i-z-e -t-h-e -m-e-t-h-o-d-o-l-o-g-y -c-u-s-t-o-m-a-r-i-l-y -u-s-e-d -b-y -t-h-e -M-i-n-e-r-a-l-s -M-a-n-a-g-e-m-e-n-t -S-e-r-v-i-c-e -o-f -t-h-e -D-e-p-a-r-t-m-e-n-t -o-f -t-h-e -I-n-t-e-r-i-o-r-. (ii) utilize risk adjusted discounted cash flow methodology. (C) Submission of appraisal report.--Not later than 180 days after the selection of an appraiser pursuant to subparagraph (A), the appraiser shall submit to the Secretary and to Koniag a written appraisal report specifying the value of the selection rights and the methodology used to arrive at the value. (3) Determination of value.-- (A) Determination by the secretary.--Not later than 60 days after the date of the receipt of the appraisal report under paragraph (2)(C), the Secretary shall determine the value of the selection rights and shall notify Koniag of the determination. (B) Alternative determination of value.-- (i) In general.--Subject to clause (ii), if Koniag does not agree with the value determined by the Secretary under subparagraph (A), the procedures specified in section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)) shall be used to establish the value. (ii) Average value limitation.--The average value per acre of the selection rights shall not be more than $300. -S-E-C-. -4-. -K-O-N-I-A-G -A-C-C-O-U-N-T-. -(-a-) -E-s-t-a-b-l-i-s-h-m-e-n-t-.-- -(-1-) -I-n -g-e-n-e-r-a-l-.----I-f -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y -i-s -n-o-t-i-f-i-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n -3-(-a-)-(-1-)-(-B-)-, -o-n -O-c-t-o-b-e-r -1-, -1-9-9-7-, -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y-, -i-n -c-o-n-s-u-l-t-a-t-i-o-n -w-i-t-h -t-h-e -S-e-c-r-e-t-a-r-y-, -s-h-a-l-l -e-s-t-a-b-l-i-s-h -i-n -t-h-e -T-r-e-a-s-u-r-y -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -a-n -a-c-c-o-u-n-t -t-o -b-e -k-n-o-w-n -a-s -t-h-e -`-`-K-o-n-i-a-g -A-c-c-o-u-n-t-'-'-. -(-2-) -I-n-i-t-i-a-l -b-a-l-a-n-c-e-.----T-h-e -i-n-i-t-i-a-l -b-a-l-a-n-c-e -o-f -t-h-e -K-o-n-i-a-g -A-c-c-o-u-n-t -s-h-a-l-l -b-e -e-q-u-a-l -t-o -t-h-e -v-a-l-u-e -o-f -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -a-s -d-e-t-e-r-m-i-n-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n -3-(-b-)-. SEC. 4. KONIAG ACCOUNT. (a) In General.-- (1) The Secretary shall enter into negotiations for an agreement or agreements to exchange Federal lands or interests therein which are in the State of Alaska for the Koniag Selection Rights referred to in section 3. (2) If the value of the Federal lands to be exchanged is less than the value of the Koniag Selection Rights established in section 3, then the Secretary may exchange the Federal lands for an equivalent portion of the Koniag Selection Rights. The remaining selection rights shall remain available for additional exchanges. (3) For purposes of this section, the term ``Federal lands'' means lands or interests therein located in Alaska, administered by the Secretary and the title to which is in the United States but excluding all lands and interests therein which are located within a conservation system unit as defined in the Alaska National Interest Lands Conservation Act section 102(4). (b) Account.-- (1) In general.--With respect to any Koniag Selection Rights for which an exchange has not been completed by October 1, 2004 (hereafter in this section referred to as ``remaining selection rights''), the Secretary of the Treasury, in consultation with the Secretary, shall, notwithstanding any other provision of law, establish in the Treasury of the United States, an account to be known as the Koniag Account. Upon the relinquishment of the remaining selection rights to the United States, the Secretary shall credit the Koniag Account in the amount of the appraised value of the remaining selection rights. (2) Initial balance.--The initial balance of the Koniag Account shall be equal to the value of the selection rights as determined pursuant to section 3(b). (3) Use of account.-- (A) In general.--Amounts in the Koniag Account shall-- (i) be made available by the Secretary of the Treasury to Koniag for bidding on and purchasing property sold at public sale, subject to the conditions described in this paragraph; and (ii) remain available until expended. (B) Assignment.-- (i) In general.--Subject to clause (ii) and notwithstanding any other provision of law, the right to request the Secretary of the Treasury to withdraw funds from the Koniag Account shall be assignable in whole or in part by Koniag. (ii) Notice of assignment.--No assignment shall be recognized by the Secretary of the Treasury until Koniag files written notice of the assignment with the Secretary of the Treasury and the Secretary. (C) Bidding and purchasing.-- (i) In general.--Koniag may use the Koniag Account to-- (I) bid, in the same manner as any other bidder, for any property at any public sale by an agency; and (II) purchase the property in accordance with applicable laws, including the regulations of the agency offering the property for sale. (ii) Requirements for agencies.--In conducting a transaction described in clause (i), an agency shall accept, in the same manner as cash, an amount tendered from the Koniag Account. (iii) Adjustment of balance.--The Secretary of the Treasury shall adjust the balance of the Koniag Account to reflect each transaction under clause (i). (4) Special procedures.--The Secretary of the Treasury, in consultation with the Secretary, shall establish procedures to permit the Koniag Account to-- (A) receive deposits; (B) make deposits into escrow when an escrow is required for the sale of any property; and (C) reinstate to the Koniag Account any unused escrow deposits if a sale is not consummated. -(-b-) (c) Treatment of Amounts From Account.--The Secretary of the Treasury shall-- (1) deem as a cash payment any amount tendered from the Koniag Account and received by an agency as a proceed from a public sale of property; and (2) make any transfer necessary to permit the agency to use the proceed in the event an agency is authorized by law to use the proceed for a specific purpose. -(-c-) (d) Requirement for the Administration of Sales.-- (1) In general.--Subject to paragraph (2), the Secretary of the Treasury and the heads of agencies shall administer sales described in subsection (a)(3)(C) in the same manner as is provided for any other Alaska Native Corporation that-- (A) is authorized by law as of the date of enactment of this Act; and (B) has an account similar to the Koniag Account for bidding on and purchasing property sold for public sale. (2) Prohibition.--Amounts in an account established for the benefit of a specific Alaska Native Corporation may not be used to satisfy the property purchase obligations of any other Alaska Native Corporation. -(-d-) -D-i-v-i-s-i-o-n -o-f -R-e-v-e-n-u-e-s-.----T-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -s-h-a-l-l -b-e -d-e-e-m-e-d -t-o -b-e -a-n -i-n-t-e-r-e-s-t -i-n -t-h-e -s-u-b-s-u-r-f-a-c-e -e-s-t-a-t-e -f-o-r -t-h-e -p-u-r-p-o-s-e -o-f -s-e-c-t-i-o-n -7-(-i-) -o-f -t-h-e -A-l-a-s-k-a -N-a-t-i-v-e -C-l-a-i-m-s -S-e-t-t-l-e-m-e-n-t -A-c-t -(-4-3 -U-.-S-.-C-. -1-6-0-6-(-i-)-)-. (e) Revenues.--The Koniag Account shall be deemed to be an interest in the subsurface for purposes of section 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). SEC. 5. CERTAIN CONVEYANCES. (a) Interests in Land.--For the purpose of section 21(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), the following shall be deemed to be an interest in land: (1) The establishment of the Koniag Account and the right of Koniag to request the Secretary of the Treasury to withdraw funds from the Koniag Account. (2) The receipt by a Settlement Trust (as defined in section 3(t) of such Act (43 U.S.C. 1602(t)) of a conveyance by Koniag of any right in the Koniag Account. (b) Authority to Appoint Trustees.--In establishing a Settlement Trust under section 39 of such Act (43 U.S.C. 1629e), Koniag may delegate the authority granted to Koniag under subsection (b)(2) of such section to any entity that Koniag may select without affecting the status of the Settlement Trust under this section. S 855 RS----2", "summary": "Alaska Peninsula Subsurface Consolidation Act of 1993 - Directs the Secretary of the Interior to determine the value of rights granted to Koniag, Incorporated, purusant to the Alaska Native Claims Settlement Act to receive title to the oil and gas rights and other interests in the subsurface estate of specified public lands in Alaska (selection rights) which Koniag possesses within the boundaries of Aniakchak National Monument and Preserve, Alaska Peninsula National Wildlife Refuge, and Becharof National Wildlife Refuge. Specifies that the value of such rights shall be equal to the fair market value of: (1) the oil and gas interests in the lands that are the subject of the selection rights; and (2) in the case of the lands for which Koniag is to receive the entire subsurface estate, the subsurface estate of the lands that are the subject of such rights. Directs the Secretary and Koniag to meet to select a qualified appraiser to conduct an appraisal of the selection rights in conformity with the standards of the Appraisal Foundation of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, utilizing a risk adjusted discounted cash flow methodology. Sets forth provisions regarding: (1) submission of the appraisal report; (2) determination of the value of the selection rights; and (3) an alternative determination of value if Koniag disagrees with the value determined by the Secretary. Directs: (1) the Secretary to enter into negotiations for an agreement to exchange Federal lands in Alaska for the Koniag selection rights; and (2) the Secretary of the Treasury, regarding any such rights for which an exchange has not been completed by October 1, 2004, to establish within the Treasury the Koniag Account and, upon relinquishment of such remaining rights to the United States, to credit the Account in the amount of the appraised value of such rights. Requires the Secretary of the Treasury to make amounts in the Account available to Koniag for bidding on and purchasing property sold at public sale."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clinical Trials Modernization Act of 2015''. SEC. 2. CLINICAL TRIAL MODERNIZATION. (a) Proposals for Use of Innovative Statistical Methods in Clinical Protocols for Drugs, Biological Products, and Devices.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 506F (21 U.S.C. 356f) the following new section: ``SEC. 507. CLINICAL TRIAL MODERNIZATION. ``(a) In General.--To promote the efficiency of the development and regulatory review and approval, licensure, or clearance of drugs, biological products, and devices and the timely availability of innovative treatments, the Secretary shall, after providing notice and an opportunity for public comment, establish and implement a framework through which-- ``(1) sponsors of drugs, biological products, or devices may submit to the Secretary a proposal for the incorporation of adaptive trial designs, Bayesian methods, or other alternative statistical methods into proposed clinical protocols and marketing applications for drugs, biological products, or devices; and ``(2) the Secretary will commit to timelines for reviewing and providing feedback on proposals so submitted.''. (b) Guidance Addressing Use of Adaptive Trial Designs and Bayesian Methods.-- (1) In general.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs (in this subsection referred to as the ``Secretary''), shall-- (A) update and finalize the draft guidance addressing the use of adaptive trial design for drugs and biological products; and (B) issue draft guidance on the use of Bayesian methods in the development and regulatory review and approval, licensure, or clearance of drugs, biological products, and devices. (2) Contents.--The guidances under paragraph (1) shall-- (A) establish or clarify standards for using adaptive trial designs and Bayesian methods in clinical trials, including clinical trials that form the primary basis for approval, clearance, or licensure of the products involved (such as trials that provide substantial evidence for the approval of drugs); (B) establish a mechanism for sponsors to obtain feedback from the Secretary under section 507, as added by subsection (a), on technical issues related to modeling and simulations prior to-- (i) completion of such modeling or simulations; or (ii) the submission of resulting information to the Secretary; (C) specify the types of quantitative and qualitative information required for review; and (D) specify the recommended analysis methodology. (3) Public meeting.--Prior to updating or developing the guidances required by paragraph (1), the Secretary shall consult, through a public meeting to be held no later than 1 year after the date of enactment of this Act, with stakeholders including representatives of regulated industry, academia, patient advocacy organizations, and disease research foundations. (4) Schedule.--The Secretary shall, after providing notice and opportunity for public comment, publish-- (A) the final guidance required by paragraph (1)(A) not later than 6 months after the date of the public meeting required by paragraph (3); and (B) the guidance required by paragraph (1)(B) not later than 12 months after the date of the public meeting required by paragraph (3). (5) Review and revision of guidance documents.--Not later than 48 months after the date of enactment of this Act, the Secretary shall review and, as appropriate, revise the guidance documents required by subparagraphs (A) and (B) of paragraph (1) to reflect developments in statistical methods that could be appropriate for use in clinical trials, including clinical trials that-- (A) form the primary basis for approval, clearance, or licensure of drugs, biological products or devices; or (B) provide substantial evidence for the approval of drugs. SEC. 3. EVALUATIONS OF REQUIRED POSTAPPROVAL STUDIES AND CLINICAL TRIALS. (a) In General.--Section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)) is amended by adding at the end the following new subparagraph: ``(G) Evaluations of required postapproval studies and clinical trials.-- ``(i) In general.--The Secretary shall establish a process under which the Secretary, on the initiative of the Secretary or at the request of a responsible person, shall periodically evaluate a postapproval study or clinical trial required to be conducted under this paragraph to determine whether-- ``(I) the trial or study is no longer scientifically warranted; or ``(II) the design, or the timelines applicable to the completion of, the study or trial should be renegotiated because of changes in medical practice or the standard of care. ``(ii) Not scientifically warranted.--In the case of a determination under clause (i)(I) that a postapproval study or clinical trial required to be conducted under this paragraph is no longer scientifically warranted, the Secretary shall no longer require the responsible person to conduct the study or trial. ``(iii) Renegotiation.--In the case of a determination under clause (i)(II) that the design, or the timelines applicable to the completion of, a postapproval study or clinical trial required to be conducted under this paragraph should be renegotiated, the Secretary shall enter into negotiations with the responsible person to make such changes as may be necessary to such design or timelines as the Secretary determines are necessary.''. (b) Guidance.--Not later than one year after the date of the enactment of this Act, the Secretary shall issue draft guidance on the implementation of subparagraph (G) of section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)), as added by subsection (a). Not later than two years after such date of enactment, the Secretary shall issue final guidance on such implementation.", "summary": "Clinical Trials Modernization Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to allow sponsors of applications for new drugs, biological products, and medical devices to propose incorporation of alternative statistical methods, including adaptive trial design and Bayesian methods, into clinical trial protocols and marketing applications. The FDA is required to issue guidance that establishes or clarifies standards for using alternative statistical methods in clinical trials. The FDA must establish a process under which a post-approval study or clinical trial required by the FDA is periodically evaluated to determine whether the trial or study is no longer scientifically warranted or whether the design should be renegotiated because of changes in medical practice or the standard of care."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Equity Act of 1998''. SEC. 2. REVISION OF HOME HEALTH INTERIM PAYMENT FORMULA. (a) Restoration of Cost Limits.--Section 1861(v)(1)(L)(i)(IV) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)(IV)) (as added by section 4602 of the Balanced Budget Act of 1997) is amended-- (1) by striking ``105 percent'' and inserting ``112 percent''; and (2) by striking ``median'' and inserting ``mean''. (b) Change in Additions to Cost Limits.--Section 1861(v)(1)(L)(v) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(v)) (as added by section 4602 of the Balanced Budget Act of 1997) is amended to read as follows: ``(v)(I) For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, the Secretary shall provide for an interim system of limits. Payment shall not exceed the costs determined under the preceding provisions of this subparagraph or, if lower, the product of-- ``(aa) an agency-specific per beneficiary annual limitation calculated based 75 percent on the reasonable costs (including nonroutine medical supplies) of the standardized national average cost per patient in calendar year 1994, or best estimate thereof, (as published in the Health Care Financing Review Medicare and Medicaid 1997 Statistical Supplement) and based 25 percent on the reasonable costs (including nonroutine medical supplies) of the standardized regional average cost per patient for the agency's census division in calendar year 1995 (as so published), such national and regional costs updated by the home health market basket index and adjusted pursuant to clause (II); and ``(bb) the agency's unduplicated census count of patients (entitled to benefits under this title) for the cost reporting period subject to the limitation. ``(II) The labor-related portion of the updated national and regional costs described in subclause (I)(aa) shall be adjusted by the area wage index applicable under section 1886(d)(3)(E) for the area in which the agency is located (as determined without regard to any reclassification of the area under section 1886(d)(8)(B) or a decision of the Medicare Geographic Classification Review Board or the Secretary under section 1886(d)(10) for cost reporting periods beginning after October 1, 1995).''. (c) Conforming Amendments.-- (1) Section 1861(v)(1)(L)(vi) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vi)) (as added by section 4602 of the Balanced Budget Act of 1997) is amended to read as follows: ``(vi) In any case in which the Secretary determines that beneficiaries use services furnished by more than 1 home health agency for purposes of circumventing the per beneficiary annual limitation in clause (v), the per beneficiary limitations shall be prorated among the agencies.''. (2) Section 1861(v)(1)(L)(vii)(I) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vii)(I)) (as added by section 4602 of the Balanced Budget Act of 1997) is amended by striking ``clause (v)(I)'' and inserting ``clause (v)(I)(aa)''. (d) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the Balanced Budget Act of 1997. SEC. 3. CBO ESTIMATE OF HOME HEALTH PAYMENT SAVINGS. (a) Estimate.--Not later than 60 days after the date of enactment of this Act, and annually thereafter until the prospective payment system for home health agencies established by section 1895 of the Social Security Act (42 U.S.C. 1395fff) is in effect, the Director of the Congressional Budget Office (referred to in this section as the ``Director'') shall estimate the amount of savings to the Medicare program under title XVIII of such Act (42 U.S.C. 1395 et seq.) resulting from the interim payment system for home health services established by the amendments to section 1861 of such Act (42 U.S.C. 1395x) made by section 4602 of the Balanced Budget Act of 1997. (b) Certification.--If the Director determines that the amount estimated under subsection (a) exceeds the amount of savings to the Medicare program that the Director estimated immediately prior to the enactment of the Balanced Budget Act of 1997 by reason of such interim payment system, then the Director shall certify such excess to the Secretary of Health and Human Services (referred to in this subsection as the ``Secretary''). (c) Adjustment.-- (1) In general.--If the Director certifies an amount to the Secretary pursuant to subsection (b), the Secretary shall prescribe rules under which appropriate adjustments are made to the amount of payments to home health agencies otherwise made under subparagraph (L) of section 1861(v)(1) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by section 4602 of the Balanced Budget Act of 1997) in the case of outliers-- (A) where events beyond the home health agency's control or extraordinary circumstances, including the case mix of such agency, create reasonable costs for a payment year which exceed the applicable payment limits; or (B) in any case not described in subparagraph (A) where the Secretary deems such an adjustment appropriate. (2) Amount.--The total amount of adjustments made under paragraph (2) for a year may not exceed the amount certified to the Secretary pursuant to subsection (b) for such year. To the extent that such adjustments in a year would otherwise exceed the amount certified to the Secretary pursuant to subsection (b) for such year, the Secretary shall reduce the payments to home health agencies in a pro rata manner so that the adjustments do not exceed such amount.", "summary": "Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997 (BBA), to: (1) restore the per visit cost limit to 112 percent of the mean (currently, 105 percent of the median) with regard to payments to home health agencies under Medicare; and (2) revise the interim payment system (IPS) for home health agency services. Directs the Director of the Congressional Budget Office to estimate annually the amount of savings to the Medicare program resulting from the IPS for home health agency services that was established by the BBA. Provides that, if the Director determines that the estimated amount exceeds the amount of savings to the Medicare program that the Director estimated immediately prior to enactment of the BBA by reason of such IPS, then the Director shall certify such excess to the Secretary of Health and Human Services. Requires the Secretary, in turn, when an excess is certified, to prescribe rules under which appropriate adjustments are made to the amount of payments to home health agencies in the case of outliers: (1) where events beyond the home health agency's control or extraordinary circumstances, including the agency's case mix, create reasonable costs for a payment year which exceed the applicable payment limits; or (2) in any other case where the Secretary deems such an adjustment appropriate."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Fuel Standard Act of 2009'' or the ``OFS Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The status of oil as a strategic commodity, which derives from its domination of the transportation sector, presents a clear and present danger to the United States; (2) in a prior era, when salt was a strategic commodity, salt mines conferred national power and wars were fought over the control of such mines; (3) technology, in the form of electricity and refrigeration, decisively ended salt's monopoly of meat preservation and greatly reduced its strategic importance; (4) fuel competition and consumer choice would similarly serve to end oil's monopoly in the transportation sector and strip oil of its strategic status; (5) the current closed fuel market has allowed a cartel of petroleum exporting countries to inflate fuel prices, effectively imposing a harmful tax on the economy of the United States; (6) much of the inflated petroleum revenues the oil cartel earns at the expense of the people of the United States are used for purposes antithetical to the interests of the United States and its allies; (7) alcohol fuels, including ethanol and methanol, could potentially provide significant supplies of additional fuels that could be produced in the United States and in many other countries in the Western Hemisphere that are friendly to the United States; (8) alcohol fuels can only play a major role in securing the energy independence of the United States if a substantial portion of vehicles in the United States are capable of operating on such fuels; (9) it is not in the best interest of United States consumers or the United States Government to be constrained to depend solely upon petroleum resources for vehicle fuels if alcohol fuels are potentially available; (10) existing technology, in the form of flexible fuel vehicles, allows internal combustion engine cars and trucks to be produced at little or no additional cost, which are capable of operating on conventional gasoline, alcohol fuels, or any combination of such fuels, as availability or cost advantage dictates, providing a platform on which fuels can compete; (11) the necessary distribution system for such alcohol fuels will not be developed in the United States until a substantial fraction of the vehicles in the United States are capable of operating on such fuels; (12) the establishment of such a vehicle fleet and distribution system would provide a large market that would mobilize private resources to substantially advance the technology and expand the production of alcohol fuels in the United States and abroad; (13) the United States has an urgent national security interest to develop alcohol fuels technology, production, and distribution systems as rapidly as possible; (14) new cars sold in the United States that are equipped with an internal combustion engine should allow for fuel competition by being flexible fuel vehicles, and new diesel cars should be capable of operating on biodiesel; and (15) such an open fuel standard would help to protect the United States economy from high and volatile oil prices and from the threats caused by global instability, terrorism, and natural disaster. SEC. 3. OPEN FUEL STANDARD FOR TRANSPORTATION. Chapter 329 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 32920. OPEN FUEL STANDARD FOR TRANSPORTATION. ``(a) Definitions.--In this section: ``(1) E85.--The term `E85' means a fuel mixture containing 85 percent ethanol and 15 percent gasoline by volume. ``(2) Flexible fuel automobile.--The term `flexible fuel automobile' means an automobile that has been warranted by its manufacturer to operate on gasoline, E85, and M85. ``(3) Fuel choice-enabling automobile.--The term `fuel choice-enabling automobile' means-- ``(A) a flexible fuel automobile; or ``(B) an automobile that has been warranted by its manufacturer to operate on biodiesel. ``(4) Light-duty automobile.--The term `light-duty automobile' means-- ``(A) a passenger automobile; or ``(B) a non-passenger automobile. ``(5) Light-duty automobile manufacturer's annual covered inventory.--The term `light-duty automobile manufacturer's annual covered inventory' means the number of light-duty automobiles powered by an internal combustion engine that a manufacturer, during a given calendar year, manufactures in the United States or imports from outside of the United States for sale in the United States. ``(6) M85.--The term `M85' means a fuel mixture containing 85 percent methanol and 15 percent gasoline by volume. ``(b) Open Fuel Standard for Transportation.-- ``(1) In general.--Except as provided in paragraph (2), each light-duty automobile manufacturer's annual covered inventory shall be comprised of-- ``(A) not less than 50 percent fuel choice-enabling automobiles in 2012, 2013, and 2014; and ``(B) not less than 80 percent fuel choice-enabling automobiles in 2015, and in each subsequent year. ``(2) Temporary exemption from requirements.-- ``(A) Application.--A manufacturer may request an exemption from the requirement described in paragraph (1) by submitting an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require by regulation. Each such application shall specify the models, lines, and types of automobiles affected. ``(B) Evaluation.--After evaluating an application received from a manufacturer, the Secretary may at any time, under such terms and conditions, and to such extent as the Secretary considers appropriate, temporarily exempt, or renew the exemption of, a light- duty automobile from the requirement described in paragraph (1) if the Secretary determines that unavoidable events that are not under the control of the manufacturer prevent the manufacturer of such automobile from meeting its required production volume of fuel choice-enabling automobiles, including-- ``(i) a disruption in the supply of any component required for compliance with the regulations; ``(ii) a disruption in the use and installation by the manufacturer of such component; or ``(iii) the failure for plug-in hybrid electric automobiles to meet State air quality requirements as a result of the requirement described in paragraph (1). ``(C) Consolidation.--The Secretary may consolidate applications received from multiple manufactures under subparagraph (A) if they are of a similar nature. ``(D) Conditions.--Any exemption granted under subparagraph (B) shall be conditioned upon the manufacturer's commitment to recall the exempted automobiles for installation of the omitted components within a reasonable time proposed by the manufacturer and approved by the Secretary after such components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements. ``(E) Notice.--The Secretary shall publish in the Federal Register-- ``(i) notice of each application received from a manufacturer; ``(ii) notice of each decision to grant or deny a temporary exemption; and ``(iii) the reasons for granting or denying such exemptions. ``(c) Limited Liability Protection for Renewable Fuel and Ethanol Manufacture, Use, or Distribution.-- ``(1) In general.--Notwithstanding any other provision of Federal or State law, any fuel containing ethanol or a renewable fuel (as defined in section 211(o)(1) of the Clean Air Act) that is used or intended to be used to operate an internal combustion engine shall not be deemed to be a defective product or subject to a failure to warn due to such ethanol or renewable fuel content unless such fuel violates a control or prohibition imposed by the Administrator under section 211 of the Clean Air Act (42 U.S.C. 7545). ``(2) Savings provision.--Nothing in this subsection may be construed to affect the liability of any person other than liability based upon a claim of defective product and failure to warn described in paragraph (1). ``(d) Rulemaking.--Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall promulgate regulations to carry out this section.''.", "summary": "Open Fuel Standard Act of 2009 or the OFS Act - Requires each light-duty automobile manufacturer's annual covered inventory to comprise at least: (1) 50% fuel choice-enabling automobiles in years 2012-2014; and (2) 80% fuel choice-enabling automobiles in 2015, and in each subsequent year. Defines \"fuel choice-enabling automobile\" as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85; or (2) an automobile capable of operating on biodiesel fuel. Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation. Extends limited liability protection to the use of fuel containing ethanol or renewable fuel in the operation of internal combustion engines by declaring that such fuel shall not be deemed to be a defective product or subject to a failure to warn due to such ethanol or renewable fuel content, unless it violates a control or prohibition imposed under the Clean Air Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drive America on Natural Gas Act of 2008''. SEC. 2. RENEWABLE FUEL PROGRAM. (a) Definition of Renewable Fuel.--Effective January 1, 2009, section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (J) and inserting the following: ``(J) Renewable fuel.-- ``(i) In general.--The term `renewable fuel' means fuel that-- ``(I) is produced from renewable biomass; and ``(II) is used to replace or reduce the quantity of fossil fuel present in a transportation fuel. ``(ii) Renewable fuel standard.--For purposes of the renewable fuel standard under paragraph (2), the term `renewable fuel' includes renewable and nonrenewable natural gas, including compressed natural and liquefied natural gas when used as transportation fuel.''. (b) Credit Program.--Effective January 1, 2009, section 211(o)(5)(A) of the Clean Air Act (42 U.S.C. 7545(o)(5)(A)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) for the generation of an appropriate quantity of credits for renewable and nonrenewable natural gas, including compressed natural and liquefied natural gas when used as a transportation fuel.''. SEC. 3. NEW QUALIFIED ALTERNATIVE FUEL MOTOR VEHICLE CREDIT ALLOWED FOR DUAL FUELED AUTOMOBILES. (a) In General.--Clause (i) of section 30B(e)(4)(A) of the Internal Revenue Code of 1986 (relating to definition of new qualified alternative fuel motor vehicle) is amended to read as follows: ``(i) which-- ``(I) is only capable of operating on an alternative fuel, or ``(II) is capable of operating on an alternative fuel and gasoline or diesel fuel,''. (b) Conforming Amendment.--Section 30B(e) of the Internal Revenue Code of 1986 is amended by striking paragraph (5). (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 4. NATURAL GAS VEHICLE RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Natural gas.--The term ``natural gas'' means compressed natural gas, liquefied natural gas, biomethane, and mixtures of hydrogen and methane or natural gas. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Program.--The Secretary, in coordination with the Administrator, shall conduct a program of natural gas vehicle research, development, and demonstration. (c) Purpose.--The program under this section shall focus on-- (1) the continued improvement and development of new, cleaner, more efficient light-duty, medium-duty, and heavy-duty natural gas vehicle engines; (2) the integration of those engines into light-duty, medium-duty, and heavy-duty natural gas vehicles for onroad and offroad applications; (3) expanding product availability by assisting manufacturers with the certification of the engines or vehicles described in paragraph (1) or (2) to Federal or California certification requirements and in-use emission standards; (4) the demonstration and proper operation and use of the vehicles described in paragraph (2) under all operating conditions; (5) the development and improvement of nationally recognized codes and standards for the continued safe operation of natural gas vehicles and components; (6) improvement in the reliability and efficiency of natural gas fueling station infrastructure; (7) the certification of natural gas fueling station infrastructure to nationally recognized and industry safety standards; (8) the improvement in the reliability and efficiency of onboard natural gas fuel storage systems; (9) the development of new natural gas fuel storage materials; (10) the certification of onboard natural gas fuel storage systems to nationally recognized and industry safety standards; and (11) the use of natural gas engines in hybrid vehicles. (d) Certification of Conversion Systems.--The Secretary shall coordinate with the Administrator on issues related to streamlining the certification of natural gas conversion systems to the appropriate Federal certification requirements and in-use emission standards. (e) Cooperation and Coordination With Industry.--In developing and carrying out the program under this section, the Secretary shall coordinate with the natural gas vehicle industry to ensure cooperation between the public and the private sector. (f) Conduct of Program.--The program under this section shall be conducted in accordance with sections 3001 and 3002 of the Energy Policy Act of 1992 (42 U.S.C. 13541, 13542). (g) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the implementation of this section. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. SEC. 5. DEVELOPMENT OF LOW-EMISSION NATURAL GAS TRANSPORTATION-FUELED VEHICLES. Part C of title II of the Clean Air Act (42 U.S.C. 7581 et seq.) is amended by adding at the end the following: ``SEC. 251. DEVELOPMENT OF LOW-EMISSION NATURAL GAS TRANSPORTATION- FUELED VEHICLES. ``(a) Definitions.--In this section: ``(1) Alternative fuel.--The term `alternative fuel' means compressed or liquid natural gas. ``(2) Alternative-fueled vehicle.--The term `alternative- fueled vehicle' means a vehicle that is manufactured or converted to operate using alternative fuel. ``(3) Bi-fueled vehicle.--The term `bi-fueled vehicle' means a vehicle that is capable of operating on gasoline or an alternative fuel, but not both at the same time. ``(4) Convert.--The term `convert', with respect to a vehicle, means to modify the engine and other applicable components of the vehicle to enable the vehicle to operate using an alternative fuel (including compressed natural gas). ``(5) OBD system.--The term `OBD system' means an on-board, computer-based diagnostic system built into certain vehicles to monitor the performance of certain primary engine components of the vehicle (including components responsible for controlling emissions). ``(6) Program.--The term `program' means the alternative- fueled vehicle development demonstration program established under subsection (b). ``(7) Small volume manufacturer.-- ``(A) In general.--The term `small volume manufacturer' means a manufacturer of vehicles described in section 86.001-1(e) of title 40, Code of Federal Regulations (or a successor regulation) that is approved and certified in accordance with part 86 of subchapter C of chapter I of title 40, Code of Federal Regulations (or successor regulations). ``(B) Inclusion.--The term `small volume manufacturer' includes a manufacturer of kits or equipment used to convert vehicles. ``(b) Program.-- ``(1) Establishment.--For the period of fiscal years 2009 through 2013, the Administrator shall establish and carry out a demonstration program to assist States in facilitating the development of alternative-fueled vehicles. ``(2) Application.--A State may participate in the program by submitting to the Administrator an application at such time, in such form, and containing such information as the Administrator shall specify. ``(3) Benefits available to participating small volume manufacturers.--Under the program, with respect to small volume manufacturers located in States participating in the program, the Administrator shall, by regulation-- ``(A) waive all fees applicable to small volume manufacturers for the certification and conversion of alternative-fueled vehicles; ``(B) waive requirements for recertification of kits for the conversion of vehicles in any case in which, as determined by the Administrator-- ``(i) the kit has been previously certified for the model of vehicle to be converted; and ``(ii) neither the kit nor the design and specifications of the model of vehicle to be converted have substantially changed; ``(C) modify such regulatory requirements relating to OBD systems as the Administrator determines to be appropriate to provide flexibility to small volume manufacturers in reprogramming OBD systems to be compatible with the use of alternative fuel; ``(D) permit small volume manufacturers to include more vehicles and engines in a single engine category to improve the cost-efficiency of emission testing of converted vehicles; ``(E) waive the liability of small volume manufacturers, in the case of a bi-fueled vehicle capable of operating on gasoline or compressed natural gas, for the compliance of the gasoline system of the bi-fueled vehicle with applicable emission requirements; ``(F) provide additional guidance to small volume manufacturers with respect to the conversion of older models of vehicles; and ``(G) revise and streamline certification requirements applicable to small volume manufacturers. ``(4) State responsibility.--As a condition of participating in the program, during the period of fiscal years 2009 through 2013, a State shall-- ``(A) develop regulations for (as compared to Federal requirements in effect as of the date of enactment of this section) an equally effective but less burdensome system of certifying and verifying emissions of alternative-fueled vehicles and equipment used for conversions; and ``(B) not later than December 31, 2012, submit the proposed regulations of the State to the Administrator for review. ``(c) State Programs.--Upon receipt of proposed regulations of a State under subsection (b)(4), the Administrator shall-- ``(1) review the regulations; and ``(2) if the Administrator determines that the implementation of the regulations would result in (as compared to Federal requirements in effect as of the date of enactment of this section) an equally effective but less burdensome system of certifying and verifying emissions of alternative- fueled vehicles and equipment used for conversions, authorize the State to implement the regulations with respect to small volume manufacturers in the State for the period of fiscal years 2014 through 2018, subject to-- ``(A) the submission of annual reports to the Administrator; and ``(B) such periodic inspection and other oversight requirements as the Administrator determines to be appropriate. ``(d) Duration of Program.--The program and all authority under the program (other than the authority of the Administrator described in subsection (c)) shall terminate on December 31, 2013, unless the Administrator-- ``(1) in consultation with the States, elects to continue the program; and ``(2) promulgates such regulations as are necessary to continue the program. ``(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. SEC. 6. NATURAL GAS CONVERSION EMISSION CERTIFICATIONS. Part C of title II of the Clean Air Act (42 U.S.C. 7581 et seq.) (as amended by section 5) is amended by adding at the end the following: ``SEC. 252. NATURAL GAS CONVERSION EMISSION CERTIFICATIONS. ``(a) In General.--The Administrator shall waive requirements for recertification of kits for the conversion of vehicles into vehicles that are powered by natural gas in any case in which, as determined by the Administrator-- ``(1) the kit has been previously certified for the model of vehicle to be converted; and ``(2) neither the kit nor the design and specifications of the model of vehicle to be converted have substantially changed. ``(b) Older Vehicles.--The Administrator shall waive emission certification system requirements for a vehicle that is over 10 years old or has over 120,000 miles that is powered by natural gas.''.", "summary": "Drive America on Natural Gas Act of 2008 - Amends the Clean Air Act to: (1) redefine renewable fuel to include renewable and nonrenewable natural gas (NG), including compressed natural (CNG) and liquefied natural gas (LNG); and (2) require fuel credit program regulations to provide for generation of credits for renewable and nonrenewable natural gas. Amends the Internal Revenue Code to allow a new qualified alternative fuel motor vehicle credit for dual fueled automobiles. Directs the Secretary of Energy, in coordination with the Administrator of the Environmental Protection Agency (EPA), to conduct a program of natural gas vehicle research, development, and demonstration, with a particular emphasis on streamlining the certification of NG conversion systems. Directs the EPA Administrator to: (1) establish a demonstration program to assist states in facilitating the development of alternative-fueled vehicles; and (2) waive requirements for recertification of certain kits for the conversion of vehicles to NG."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring the Taxpayer a Fair Return for Federal Onshore Oil and Gas Resources Act of 2015''. SEC. 2. ADJUSTMENT OF MINIMUM BIDS AND ANNUAL RENTALS FOR OIL AND GAS AND TAR SANDS LEASES TO REFLECT INFLATION. (a) In General.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) in subsection (b)(1)(B), by striking ``$2 per acre'' and inserting ``$4 per acre''; (2) in subsection (b)(2)(C), by striking ``$2 per acre'' and inserting ``$5 per acre''; (3) in subsection (d)-- (A) by striking ``$1.50 per acre'' and inserting ``$3 per acre''; and (B) by striking ``$2 per acre'' and inserting ``$4 per acre''; and (4) by adding at the end the following: ``(q) Inflation Adjustment.-- ``(1) In general.--The Secretary shall-- ``(A) by regulation, at least once every 4 years, adjust each of the dollar amounts that applies under subsections (b)(1)(B), (b)(2)(C), and (d) by the cost- of-living adjustment; and ``(B) publish each such regulation in the Federal Register. ``(2) Definitions.--In this subsection: ``(A) Cost-of-living adjustment.--The term `cost- of-living adjustment' means the percentage (if any) for a dollar amount by which-- ``(i) the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds ``(ii) the Consumer Price Index for the month of June of the calendar year in which the dollar amount was last set or adjusted pursuant to law. ``(B) Consumer price index.--The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor.''. (b) Conforming Amendment.--Section 17(b)(1)(B) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(B)) is amended beginning in the first sentence by striking ``for a period'' and all that follows through ``Thereafter, the'' and inserting ``. The''. SEC. 3. AMENDMENT OF ROYALTY RATES. (a) Royalty Rates.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking ``12.5'' each place such term appears and inserting ``18.75''; and (2) by striking ``12\\1/2\\'' each place such term appears and inserting ``18.75''. (b) Application.--The amendments made by subsection (a) shall apply only to new leases issued on or after the date of enactment of this Act. SEC. 4. ON-SHORE FEDERAL OIL AND GAS ROYALTY SHARING. (a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended-- (1) by striking ``Sec. 35. (a)'' and all that follows through ``50 per centum thereof'' and inserting the following: ``SEC. 35. ON-SHORE OIL AND GAS ROYALTY SHARING. ``(a) Royalty Sharing.-- ``(1) In general.--Of the amounts received by the United States from sales, bonuses, and royalties, including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982, and from rentals of the public lands in Alaska under the provisions of this Act and the Geothermal Steam Act of 1970-- ``(A) 33.33 percent shall be used as described in paragraph (2); and ``(B) the remainder shall be used as described in paragraph (3). ``(2) Distribution of 33.33 percent.-- ``(A) In general.--Of the amount referred to in paragraph (1)(A)-- ``(i) 30 percent, but not to exceed $50,000,000 per fiscal year, shall be transferred by the Secretary of the Treasury to the Bureau of Land Management for use for oil and gas inspection and enforcement; ``(ii) 15 percent, but not to exceed $25,000,000 per fiscal year, shall be available to the Secretary of the Interior to remediate, reclaim, and properly plug and abandon orphan oil and gas wells on Federal lands; ``(iii) 45 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the leased land is located or the deposits were derived, for use by such State in accordance with paragraph (3); and ``(iv) the remainder shall be deposited into the Treasury as miscellaneous receipts. ``(B) Administration.--Amounts to be paid or available under clauses (i), (ii), and (iii) of subparagraph (A) shall-- ``(i) be available without further appropriation; and ``(ii) remain available until expended. ``(3) Distribution of remainder.--Of the amount referred to in paragraph (1)(B), and subject to subsection (b), 50 per centum thereof''; and (2) in subsection (a), by striking ``All moneys received'' and inserting the following: ``(4) General provisions.--All moneys received''. (b) Conforming Amendment.--Section 35(c)(1) of the Mineral Leasing Act (30 U.S.C. 191(c)(1)) is amended by striking ``the first sentence of''. (c) Limitations on Application.--The amendments made by subsection (a)-- (1) shall apply only to amounts received by the United States under new leases issued on or after the date of enactment of this Act; and (2) shall not affect the application of section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) to amounts received by the United States before the first fiscal year beginning after the date of the enactment of this Act.", "summary": "Ensuring the Taxpayer a Fair Return for Federal Onshore Oil and Gas Resources Act of 2015 This bill amends the Mineral Leasing Act to increase the minimum acceptable bids and rentals for leases of oil, natural gas, and tar sand on federal land. Minimum acceptable bids and rentals shall receive inflation adjustments once every four years. One-third of any amounts received by the United States from sales, bonuses, and royalties, including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982, and from rentals of the public lands in Alaska under the Mineral Leasing Act and the Geothermal Steam Act of 1970, shall be made available in specified percentages: for use for oil and gas inspection and enforcement; to remediate, reclaim, and properly plug and abandon orphan oil and gas wells on federal lands; and to the state within whose boundaries the leased land is located, or the deposits were derived, for state use in accordance with specified requirements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Kake Tribal Corporation Land Exchange Act''. SEC. 2. AMENDMENT OF SETTLEMENT ACT. The Alaska Native Claims Settlement Act (Pub. L. 92-203, December 18, 1971, 85 Stat. 688, 43 U.S.C. 1601 et seq.), as amended, is further amended by adding a new section to read: ``SEC. 40. KAKE TRIBAL CORPORATION LAND EXCHANGE. ``(a) To provide Kake Tribal Corporation with land suitable for development, to acknowledge the corporation's return to public ownership land needed as a municipal watershed area, and to promote the public interest, the Secretary shall convey to the corporation approximately 2,427 acres of Federal land as described in subsection (c). The land to be conveyed includes-- ``(1) up to 388 acres in the Slate Lakes area, as described in (c)(2) of this section, if, within five years after the effective date of this section, the corporation has entered into an agreement to lease or otherwise convey some or all of the land to the operator of the Jualin Mine; or ``(2) at the corporation's option, the 388 acres mentioned in (1) of this subsection and the remaining 2,039 acres may be conveyed from the acres described in (c)(3) of this section. ``(b) Title to Surface and Subsurface.--Subject to valid existing rights and easements, the Secretary shall, no later than the deadlines specified in (c) (2) and (3) of this section, convey to Kake Tribal Corporation title to the surface estate in this land and convey to Sealaska Corporation title to the subsurface estate in that land. ``(c) Description and Deadlines.--The land covered by this section is in the Copper River Meridian and is further described as follows: ``(1) The land to be conveyed by Kake Tribal Corporation to the United States, no later than 90 days after the effective date of this section, as shown on the map dated ______ and labeled Attachment A, is the municipal watershed area and is described as follows: ``Municipal watershed ------------------------------------------------------------------------ Approximate Section acres ------------------------------------------------------------------------ T56S, R72E 13......................................................... 82 23......................................................... 118 24......................................................... 635 25......................................................... 640 26......................................................... 346 34......................................................... 9 35......................................................... 349 36......................................................... 248 ------------ Approximate Total........................................ 2,427'' ------------------------------------------------------------------------ ``(2) Kake Tribal Corporation shall have the option to select up to 388 acres in the Slate Lakes area, as shown on the map dated ______ and labeled Attachment B. This option shall remain in effect for five years after the date of enactment of this section. The land to be conveyed is identified on the following maps as: Slate lakes area ------------------------------------------------------------------------ Approximate Section Description acres ------------------------------------------------------------------------ T35S, R62E 22................................. E\\1/2\\................ 27 23................................. W\\1/2\\................ 152 26................................. W\\1/2\\................ 119 27................................. E\\1/2\\................ 23 T36S, R62E 1.................................. W\\1/2\\, NW\\1/4\\....... 38 Two utility corridors: One beginning in the northwest quarter of section 1, T36S, R62E, heading northwest through the northeast quarter of section 2, then heading northwest through section 26, T35S, R62E; another beginning in section 23, T35S, R62E, heading northeast, then heading northwest through section 23, then northwest through the southwest quarter of section 15, then northwest through section 16, then turning northeast in the northeast quarter of section 16 to the Jualin patented group. Approximate Total.................................... 388'' ------------------------------------------------------------------------ ``(3) The remaining 2,039 acres of land to be conveyed to Kake Tribal Corporation, or the entire 2,427 acres if the option on the 388 acres mentioned in (2) of this subsection is not exercised, shall be land in the Hamilton Bay and Saginaw Bay areas and shall be conveyed within 90 days after the effective date of this section; this land is shown on the maps dated ______ and labeled Attachments C and D. ``(d) Timber Manufacturing.--Notwithstanding any other provision of law, timber harvested from lands conveyed to Kake Tribal Council pursuant to this Act shall not be available for export as unprocessed logs from Alaska, nor may Kake Tribal Corporation sell, trade, exchange, substitute, or otherwise convey such logs to any other person for the purpose of exporting such logs from the State of Alaska. ``(e) Relation to Other Requirements.--The land conveyed to Kake Tribal Corporation and Sealaska Corporation under this section is, for all purposes, considered land conveyed under the Alaska Native Claims Settlement Act. ``(f) Maps.--The maps referred to in this section shall be maintained on file in the Office of the Chief, United States Forest Service, and in the Office of the Secretary of the Interior, Washington, DC. The acreage cited in this section is approximate, and if a discrepancy arises between cited acreage and the land depicted on the specified maps the maps shall control. The maps do not constitute an attempt by the United States to convey State or private land.''.", "summary": "Kake Tribal Corporation Land Exchange Act - Amends the Alaska Native Claims Settlement Act to direct the Secretary of the Interior, subject to valid existing rights and easements, to enter into a land exchange under which there is conveyed to the: (1) Kake Tribal Corporation title to certain land suitable for development; (2) Sealaska Corporation title to subsurface estate in such land needed as a municipal watershed area; and (3) United States, by the Kake Corporation, specified lands. Directs that timber harvested from lands conveyed to the Kake Tribal Council shall not be made available for export as unprocessed logs from Alaska, nor may Kake Tribal Corporation sell, trade, exchange, substitute, or otherwise convey such logs to any other person for the purpose of exporting such logs from the State of Alaska."}
{"article": "SECTION 1. INCREASED CREDIT FOR MEDICAL RESEARCH. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by adding at the end the following new subsection: ``(i) Increased Credit for Medical Research.-- ``(1) General rule.--Subsection (a) of this section shall be applied by substituting-- ``(A) `40 percent' for `20 percent' in paragraph (1) thereof with respect to qualified medical research expenses, and ``(B) `medical research base amount' for `base amount'. ``(2) Qualified medical research expenses.--For purposes of this subsection-- ``(A) In general.--The term `qualified medical research expenses' means qualified research expenses-- ``(i) incurred for research in, or reasonably expected to lead to, the development of any medical product for the prevention, cure, or alleviation of human disease, sickness, or injury, and ``(ii) incurred before the earliest of-- ``(I) the date on which an application with respect to such product is approved under section 505(b) or 505A of the Federal Food, Drug, and Cosmetic Act, ``(II) the date on which a license for such product is approved under section 351 of the Public Health Service Act, or ``(III) the later of the date classification of such product as intended for human use is made under section 513 of the Federal Food, Drug, and Cosmetic Act or the date of approval of such product as intended for human use is granted under section 515 of such Act. ``(B) Exclusion of research after commercial production not to apply.--For purposes of this paragraph, the term `qualified research expenses' shall be determined without regard to subsection (d)(4)(A). ``(C) Special rule for certain testing.--The term `qualified medical research expenses' includes qualified research expenses for preclinical and clinical testing occurring after the earliest date under subparagraph (A)(ii) if the purpose of such testing is to develop new functional uses (including pediatric studies as described in section 355A(g) of the Federal Food, Drug, and Cosmetic Act), characteristics, indications, combinations, dosages, or delivery forms to an existing product. ``(D) Product.--For purposes of this paragraph, the term `product' means any drug, biologic, medical, or diagnostic test, or medical device. ``(3) Medical research base amount.--For purposes of this subsection-- ``(A) In general.--Except as provided in subparagraph (C), the term `medical research base amount' means, with respect to any taxable year, the average of the taxpayer's qualified medical research expenses for those taxable years in the base period during which the taxpayer paid or incurred qualified medical research expenses. The Secretary may prescribe regulations providing that de minimis amounts of qualified medical research expenses shall be disregarded under the preceding sentence. ``(B) Base period.--For purposes of subparagraph (A), the base period is the period consisting of-- ``(i) the most recent taxable year ending at least 6 months before the taxable year for which the medical research base amount is being determined, and ``(ii) the 4 taxable years preceding such most recent taxable year. ``(C) Medical base period amount for first 2 taxable years.--For each of the first 2 taxable years during which the taxpayer pays or incurs qualified medical research expenses, the term `medical research base amount' means 60 percent of the taxpayer's qualified medical research expenses for the taxable year for which such base period amount is determined. ``(4) Research conducted by academic and medical institutions.-- ``(A) In general.--Subsection (b)(3)(A) shall be applied-- ``(i) by substituting `100 percent' for `65 percent' with respect to amounts paid to a qualified academic institution for qualified research described in paragraph (2), and ``(ii) by substituting `85 percent' for `65 percent' with respect to amounts paid to a qualified nonprofit medical institution for qualified research described in paragraph (2). ``(B) Qualified academic institution.--For purposes of this paragraph, the term `qualified academic institution' means any of the following institutions: ``(i) Educational institutions.--Any institution described in section 170(b)(1)(A)(ii) or (iii) which is owned or affiliated with an institution of higher education as described in section 3304(f). ``(ii) Cancer research institutions.--Any cancer research institution which is designated as a cancer center by the National Cancer Institute, is, or is owned by, an organization described in section 501(c)(3), is exempt from taxation under section 501(a), and is not a private foundation. ``(iii) Nonprofit independent research institutions.--Any not-for-profit, independent research institute which is described in section 501(c)(3), is exempt from taxation under section 501(a), and is organized and operated exclusively for scientific or educational purposes. ``(C) Qualified nonprofit medical institution.--For purposes of this paragraph, the term `qualified nonprofit medical institution' means any not-for-profit organization that is described in section 501(c)(3), is exempt from taxation under section 501(a) by reason of its operation of a hospital or medical or health activity, is not a private foundation, and is not a qualified academic institution. ``(5) Election of alternative incremental medical research credit.-- ``(A) In general.--At the election of the taxpayer, the credit determined under this subsection shall be the sum of-- ``(i) 1.65 percent of so much of the taxpayer's qualified medical research expenses for the taxable year as exceeds 1 percent of the gross receipts of the taxpayer for the year but does not exceed 1.5 percent of such gross receipts, ``(ii) 2.2 percent of so much of such expenses as exceeds 1.5 percent of such gross receipts but does not exceed 2 percent of such gross receipts, and ``(iii) 2.75 percent of so much of such expenses as exceeds 2 percent of such receipts. ``(B) Election.--An election under this subsection shall apply only to the taxable year for which made. ``(6) Coordination.--In determining the amount of the credit allowed by subsection (a) for expenses which are not allowed the increased credit under this subsection-- ``(A) the amount of qualified research expenses shall be computed by excluding qualified medical research expenses for which the increased credit determined under this subsection is allowed; ``(B) the base amount determined under paragraph (1) of subsection (c) shall be computed by excluding qualified medical research expenses for which the increased credit determined under this subsection is allowed from qualified research expenses for purposes of that computation; and ``(C) the alternative incremental credit determined under subsection (c)(4) shall be computed by excluding qualified medical research expenses for which the increased credit determined under this subsection is allowed from qualified research expenses for purposes of that computation.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "summary": "Amends Internal Revenue Code provisions concerning the credit for increasing research activities provisions to provide for an increased credit for qualified medical research expenses."}
{"article": "SECTION 1. NOXIOUS WEED CONTROL AND ERADICATION. The Plant Protection Act (7 U.S.C. 7701 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle E--Noxious Weed Control and Eradication ``SEC. 451. SHORT TITLE. ``This subtitle may be cited as the `Noxious Weed Control and Eradication Act of 2004'. ``SEC. 452. DEFINITIONS. ``In this subtitle: ``(1) Indian tribe.--The term `Indian Tribe' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ``(2) Weed management entity.--The term `weed management entity' means an entity that-- ``(A) is recognized by the State in which it is established; ``(B) is established for the purpose of or has demonstrable expertise and significant experience in controlling or eradicating noxious weeds and increasing public knowledge and education concerning the need to control or eradicate noxious weeds; ``(C) may be multijurisdictional and multidisciplinary in nature; ``(D) may include representatives from Federal, State, local, or, where applicable, Indian Tribe governments, private organizations, individuals, and State-recognized conservation districts or State-recognized weed management districts; and ``(E) has existing authority to perform land management activities on Federal land if the proposed project or activity is on Federal lands. ``(3) Federal lands.--The term `Federal lands' means those lands owned and managed by the United States Forest Service or the Bureau of Land Management. ``SEC. 453. ESTABLISHMENT OF PROGRAM. ``(a) In General.--The Secretary shall establish a program to provide financial and technical assistance to control or eradicate noxious weeds. ``(b) Grants.--Subject to the availability of appropriations under section 457(a), the Secretary shall make grants under section 454 to weed management entities for the control or eradication of noxious weeds. ``(c) Agreements.--Subject to the availability of appropriations under section 457(b), the Secretary shall enter into agreements under section 455 with weed management entities to provide financial and technical assistance for the control or eradication of noxious weeds. ``SEC. 454. GRANTS TO WEED MANAGEMENT ENTITIES. ``(a) Consultation and Consent.--In carrying out a grant under this subtitle, the weed management entity and the Secretary shall-- ``(1) if the activities funded under the grant will take place on Federal land, consult with the heads of the Federal agencies having jurisdiction over the land; or ``(2) obtain the written consent of the non-Federal landowner. ``(b) Grant Considerations.--In determining the amount of a grant to a weed management entity, the Secretary shall consider-- ``(1) the severity or potential severity of the noxious weed problem; ``(2) the extent to which the Federal funds will be used to leverage non-Federal funds to address the noxious weed problem; ``(3) the extent to which the weed management entity has made progress in addressing the noxious weeds problem; and ``(4) other factors that the Secretary determines to be relevant. ``(c) Use of Grant Funds; Cost Shares.-- ``(1) Use of grants.--A weed management entity that receives a grant under subsection (a) shall use the grant funds to carry out a project authorized by subsection (d) for the control or eradication of a noxious weed. ``(2) Cost shares.-- ``(A) Federal cost share.--The Federal share of the cost of carrying out an authorized project under this section exclusively on non-Federal land shall not exceed 50 percent. ``(B) Form of non-federal cost share.--The non-Federal share of the cost of carrying out an authorized project under this section may be provided in cash or in kind. ``(d) Authorized Projects.--Projects funded by grants under this section include the following: ``(1) Education, inventories and mapping, management, monitoring, methods development, and other capacity building activities, including the payment of the cost of personnel and equipment that promote control or eradication of noxious weeds. ``(2) Other activities to control or eradicate noxious weeds or promote control or eradication of noxious weeds. ``(e) Application.--To be eligible to receive assistance under this section, a weed management entity shall prepare and submit to the Secretary an application containing such information as the Secretary shall by regulation require. ``(f) Selection of Projects.--Projects funded under this section shall be selected by the Secretary on a competitive basis, taking into consideration the following: ``(1) The severity of the noxious weed problem or potential problem addressed by the project. ``(2) The likelihood that the project will prevent or resolve the problem, or increase knowledge about resolving similar problems. ``(3) The extent to which the Federal funds will leverage non- Federal funds to address the noxious weed problem addressed by the project. ``(4) The extent to which the program will improve the overall capacity of the United States to address noxious weed control and management. ``(5) The extent to which the weed management entity has made progress in addressing noxious weed problems. ``(6) The extent to which the project will provide a comprehensive approach to the control or eradication of noxious weeds. ``(7) The extent to which the project will reduce the total population of noxious weeds. ``(8) The extent to which the project promotes cooperation and participation between States that have common interests in controlling and eradicating noxious weeds. ``(9) Other factors that the Secretary determines to be relevant. ``(g) Regional, State, and Local Involvement.--In determining which projects receive funding under this section, the Secretary shall, to the maximum extent practicable-- ``(1) rely on technical and merit reviews provided by regional, State, or local weed management experts; and ``(2) give priority to projects that maximize the involvement of State, local and, where applicable, Indian Tribe governments. ``(h) Special Consideration.--The Secretary shall give special consideration to States with approved weed management entities established by Indian Tribes and may provide an additional allocation to a State to meet the particular needs and projects that the weed management entity plans to address. ``SEC. 455. AGREEMENTS. ``(a) Consultation and Consent.--In carrying out an agreement under this section, the Secretary shall-- ``(1) if the activities funded under the agreement will take place on Federal land, consult with the heads of the Federal agencies having jurisdiction over the land; or ``(2) obtain the written consent of the non-Federal landowner. ``(b) Application of Other Laws.--The Secretary may enter into agreements under this section with weed management entities notwithstanding sections 6301 through 6309 of title 31, United States Code, and other laws relating to the procurement of goods and services for the Federal Government. ``(c) Eligible Activities.--Activities carried out under an agreement under this section may include the following: ``(1) Education, inventories and mapping, management, monitoring, methods development, and other capacity building activities, including the payment of the cost of personnel and equipment that promote control or eradication of noxious weeds. ``(2) Other activities to control or eradicate noxious weeds. ``(d) Selection of Activities.--Activities funded under this section shall be selected by the Secretary taking into consideration the following: ``(1) The severity of the noxious weeds problem or potential problem addressed by the activities. ``(2) The likelihood that the activity will prevent or resolve the problem, or increase knowledge about resolving similar problems. ``(3) The extent to which the activity will provide a comprehensive approach to the control or eradication of noxious weeds. ``(4) The extent to which the program will improve the overall capacity of the United States to address noxious weed control and management. ``(5) The extent to which the project promotes cooperation and participation between States that have common interests in controlling and eradicating noxious weeds. ``(6) Other factors that the Secretary determines to be relevant. ``(e) Regional, State, and Local Involvement.--In determining which activities receive funding under this section, the Secretary shall, to the maximum extent practicable-- ``(1) rely on technical and merit reviews provided by regional, State, or local weed management experts; and ``(2) give priority to activities that maximize the involvement of State, local, and, where applicable, representatives of Indian Tribe governments. ``(f) Rapid Response Program.--At the request of the Governor of a State, the Secretary may enter into a cooperative agreement with a weed management entity in that State to enable rapid response to outbreaks of noxious weeds at a stage which rapid eradication and control is possible and to ensure eradication or immediate control of the noxious weeds if-- ``(1) there is a demonstrated need for the assistance; ``(2) the noxious weed is considered to be a significant threat to native fish, wildlife, or their habitats, as determined by the Secretary; ``(3) the economic impact of delaying action is considered by the Secretary to be substantial; and ``(4) the proposed response to such threat-- ``(A) is technically feasible; ``(B) economically responsible; and ``(C) minimizes adverse impacts to the structure and function of an ecosystem and adverse effects on nontarget species and ecosystems. ``SEC. 456. RELATIONSHIP TO OTHER PROGRAMS. ``Funds under this Act (other than those made available for section 455(f)) are intended to supplement, not replace, assistance available to weed management entities, areas, and districts for control or eradication of noxious weeds on Federal lands and non-Federal lands. The provision of funds to a weed management entity under this Act (other than those made available for section 455(f)) shall have no effect on the amount of any payment received by a county from the Federal Government under chapter 69 of title 31, United States Code. ``SEC. 457. AUTHORIZATION OF APPROPRIATIONS. ``(a) Grants.--To carry out section 454, there are authorized to be appropriated to the Secretary $7,500,000 for each of fiscal years 2005 through 2009, of which not more than 5 percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs. ``(b) Agreements.--To carry out section 455 of this subtitle, there are authorized to be appropriated to the Secretary $7,500,000 for each of fiscal years 2005 through 2009, of which not more than 5 percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs of Federal agencies.''. SEC. 2. TECHNICAL AMENDMENT. The table of sections in section 1(b) of the Agricultural Risk Protection Act of 2000 is amended by inserting after the item relating to section 442 the following: ``Subtitle E--Noxious Weed Control and Eradication ``Sec. 451. Short title. ``Sec. 452. Definitions. ``Sec. 453. Establishment of program. ``Sec. 454. Grants to weed management entities. ``Sec. 455. Agreements. ``Sec. 456. Relationship to other programs. ``Sec. 457. Authorization of Appropriations.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Noxious Weed Control and Eradication Act of 2004 - Amends the Plant Protection Act to direct the Secretary of Agriculture to establish a grant program to provide financial and technical assistance to weed management entities to control or eradicate noxious weeds. Sets forth criteria for making grants to weed management entities and for the selection for funding of weed eradication projects. Directs the Secretary to give special consideration to States with approved weed management entities established by Indian tribes. Authorizes the Secretary to enter into agreements with weed management entities for funding of weed eradication activities that take into consideration various factors, including: (1) the severity of the noxious weeds problem or potential problem; (2) the likelihood that the activities will prevent or resolve the weed problem or increase knowledge about resolving similar problems; (3) the extent to which the activities will provide a comprehensive approach to the control or eradication of noxious weeds; (4) the extent to which the activities will improve the overall capacity of the United States to address noxious weed problems; and (5) the extent to which the activities promote cooperation and participation between States that have a common interest in controlling and eradicating noxious weeds. Authorizes the Secretary to enter into a cooperative agreement with weed management entities to enable rapid response to outbreaks of noxious weeds. States that the assistance authorized under this Act is meant to supplement, and not replace, other assistance available for control or eradication of harmful, invasive weeds on public and private lands. Authorizes appropriations for FY 2005 through 2009. Limits funding for administrative costs to five percent of available funds."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Fire Administration Authorization Act of 2003''. SEC. 2. UNITED STATES FIRE ADMINISTRATOR. Notwithstanding section 1513 of the Homeland Security Act of 2002 (6 U.S.C. 553), the Administrator of the United States Fire Administration shall continue to be appointed and compensated as provided under section 5(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2204(b)). SEC. 3. NATIONAL RESIDENTIAL FIRE SPRINKLER STRATEGY. Section 30 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2226) is amended-- (1) by inserting ``(a) In General.--'' before ``The Director, acting''; and (2) by adding at the end the following new subsection: ``(b) National Residential Fire Sprinkler Strategy.--The Administrator shall develop and implement a strategy for promoting the installation and use of residential fire sprinklers. The strategy shall include-- ``(1) advocacy and informational support to relevant stakeholders, including builders, insurers, and State and local decisionmakers; ``(2) promotion of residential sprinklers in residences supported by the Federal Government; ``(3) a particular focus on residences-- ``(A) at high risk to fire hazards; and ``(B) with occupants at high risk to fire hazards, such as senior citizens and persons with disabilities; and ``(4) a particular focus on localized fire suppression in high-risk areas of residences.''. SEC. 4. SUPPORT FOR TRAINING TO FIGHT MARITIME FIRES. Subsection (b)(3)(B) of the first section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)(B)) is amended by inserting ``maritime firefighting,'' after ``arson prevention and detection,''. SEC. 5. FIREFIGHTER ASSISTANCE GRANTS PROGRAM. The first section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended-- (1) by striking ``Director'' each place it appears and inserting ``Administrator''; (2) by amending subsection (b)(2) to read as follows: ``(2) Administrative assistance.--The Administrator shall establish specific criteria for the selection of recipients of assistance under this section and shall provide grant-writing assistance to applicants.''; and (3) in subsection (e)(2), by striking ``operate the office established under subsection (b)(2) and''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 17(g)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216(g)(1)) is amended by striking ``to carry out the purposes'' and all that follows through the end of subparagraph (K) and inserting ``to the Administrator to carry out the purposes of this Act, other than the firefighter assistance program under section 33-- ``(A) $58,928,000 for fiscal year 2004; ``(B) $60,700,000 for fiscal year 2005; and ``(C) $62,520,000 for fiscal year 2006.''. SEC. 7. COURSES AND TRAINING ASSISTANCE. Section 7(l) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(l)) is amended by adding at the end the following: ``The Superintendent shall offer, at the Academy and at other sites, courses and training assistance as necessary to accommodate all geographic regions and needs of career and volunteer firefighters.''. SEC. 8. NEW FIREFIGHTING TECHNOLOGY. (a) In General.--Section 8 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2207) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Development of New Technology.-- ``(1) In general.--In addition to, or as part of, the program conducted under subsection (a), the Administrator, in consultation with the National Institute of Standards and Technology, the Inter-Agency Board for Equipment Standardization and Inter-Operability, national voluntary consensus standards development organizations, interested Federal, State, and local agencies, and other interested parties, shall-- ``(A) develop new, and utilize existing, measurement techniques and testing methodologies for evaluating new firefighting technologies, including-- ``(i) personal protection equipment; ``(ii) devices for advance warning of extreme hazard; ``(iii) equipment for enhanced vision; ``(iv) devices to locate victims, firefighters, and other rescue personnel in above-ground and below-ground structures; ``(v) equipment and methods to provide information for incident command, including the monitoring and reporting of individual personnel welfare; ``(vi) equipment and methods for training, especially for virtual reality training; and ``(vii) robotics and other remote- controlled devices; ``(B) evaluate the compatibility of new equipment and technology with existing firefighting technology; and ``(C) support the development of new voluntary consensus standards through national voluntary consensus standards organizations for new firefighting technologies based on techniques and methodologies described in subparagraph (A). ``(2) Standards for new equipment.--(A) The Administrator shall, by regulation, require that new equipment or systems purchased through the assistance program established by section 33 meet or exceed applicable voluntary consensus standards for such equipment or systems for which applicable voluntary consensus standards have been established. The Administrator may waive the requirement under this subparagraph with respect to specific standards. ``(B) If an applicant for a grant under section 33 proposes to purchase, with assistance provided under the grant, new equipment or systems that do not meet or exceed applicable voluntary consensus standards, the applicant shall include in the application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that do meet or exceed such standards. ``(C) In making a determination whether or not to waive the requirement under subparagraph (A) with respect to a specific standard, the Administrator shall, to the greatest extent practicable-- ``(i) consult with grant applicants and other members of the fire services regarding the impact on fire departments of the requirement to meet or exceed the specific standard; ``(ii) take into consideration the explanation provided by the applicant under subparagraph (B); and ``(iii) seek to minimize the impact of the requirement to meet or exceed the specific standard on the applicant, particularly if meeting the standard would impose additional costs. ``(D) Applicants that apply for a grant under the terms of subparagraph (B) may include a second grant request in the application to be considered by the Administrator in the event that the Administrator does not approve the primary grant request on the grounds of the equipment not meeting applicable voluntary consensus standards.''. (b) Authorization of Appropriations.--Section 17 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216) is amended by adding at the end the following: ``(i) Development of New Technology.--In addition to sums otherwise authorized under this Act, there are authorized to be appropriated to the Administrator to carry out section 8(e)-- ``(1) $2,200,000 for fiscal year 2004; ``(2) $2,250,000 for fiscal year 2005; and ``(3) $2,300,000 for fiscal year 2006.''. SEC. 9. COORDINATION OF RESPONSE TO NATIONAL EMERGENCY. (a) In General.--Section 10 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2209) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ``(b) Mutual Aid Systems.-- ``(1) In general.--The Administrator, after consultation with the Director of the Federal Emergency Management Agency, shall provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for dealing with national emergencies that-- ``(A) include threat assessment and equipment deployment strategies; ``(B) include means of collecting asset and resource information to provide accurate and timely data for regional deployment; and ``(C) are consistent with the Federal Emergency Management Agency's Federal Response Plan. ``(2) Model mutual aid plans.--The Administrator, in consultation with the Director of the Federal Emergency Management Agency, shall develop and make available to State and local fire service officials model mutual aid plans for both intrastate and interstate assistance.''. (b) Report on Strategic Needs.--Within 90 days after the date of enactment of this Act, the Administrator of the United States Fire Administration shall report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science on the need for a strategy concerning deployment of volunteers and emergency response personnel (as defined in section 6 of the Firefighters' Safety Study Act (15 U.S.C. 2223e), including a national credentialing system, in the event of a national emergency. (c) Update of Federal Response Plan.--Within 180 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall-- (1) revise that Agency's Federal Response Plan to incorporate plans for responding to terrorist attacks, particularly in urban areas, including fire detection and suppression and related emergency services; and (2) transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science describing the action taken to comply with paragraph (1). SEC. 10. TRAINING. (a) In General.--Section 7(d)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) is amended-- (1) by striking ``and'' after the semicolon in subparagraph (E); (2) by redesignating subparagraph (F) as subparagraph (N); and (3) by inserting after subparagraph (E) the following: ``(F) strategies for building collapse rescue; ``(G) the use of technology in response to fires, including terrorist incidents and other national emergencies; ``(H) response, tactics, and strategies for dealing with terrorist-caused national catastrophes; ``(I) use of and familiarity with the Federal Emergency Management Agency's Federal Response Plan; ``(J) leadership and strategic skills, including integrated management systems operations and integrated response; ``(K) applying new technology and developing strategies and tactics for fighting forest fires; ``(L) integrating terrorism response agencies into the national terrorism incident response system; ``(M) response tactics and strategies for fighting fires at United States ports, including fires on the water and aboard vessels; and''. (b) Consultation on Fire Academy Classes.--The Superintendent of the National Fire Academy may consult with other Federal, State, and local agency officials in developing curricula for classes offered by the Academy. (c) Coordination With Other Programs To Avoid Duplication.--The Administrator of the United States Fire Administration shall, where appropriate, coordinate training provided under section 7(d)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) with the heads of other Federal agencies-- (1) to ensure that such training does not duplicate existing courses available to fire service personnel; and (2) to establish a mechanism for eliminating duplicative training programs.", "summary": "United States Fire Administration Authorization Act of 2003 - (Sec. 2) Re-establishes the position of United States Fire Administrator. (Sec. 3) Amends the Federal Fire Prevention and Control Act of 1974 to require the Administrator to develop and implement a national residential fire sprinkler strategy that meets specified requirements. (Sec. 4) Allows the use of fire prevention program grant assistance for training of firefighting personnel in maritime firefighting. (Sec. 5) Transfers the duties of the Director of the United States Fire Administration to the Administrator with respect to the firefighter assistance grants program. Requires the Administrator to: (1) establish specific criteria for the selection of assistance recipients; and (2) provide grant-writing assistance to applicants. (Sec. 6) Authorizes FY 2004 through 2006 appropriations for the Administrator to carry out this Act other than the firefighter assistance grants program. (Sec. 7) Requires the Superintendent of the National Academy for Fire Prevention and Control to offer, at the Academy and other sites, courses and training assistance as necessary to accommodate all geographic regions and needs of career and volunteer firefighters. (Sec. 8) Directs the Administrator to: (1) develop new, and utilize existing, measurement techniques and testing methodologies for evaluating firefighting technologies; (2) evaluate the compatibility of new and existing equipment and technology; and (3) support the development of new standards through national voluntary consensus standards organizations for new firefighting technologies. Requires the Administrator, by regulation, to require that new equipment or systems purchased through the assistance program established by the Act meet or exceed established applicable voluntary consensus standards. Allows the Administrator to waive this requirement. Requires a grant applicant, who proposes to purchase with assistance provided under the grant new equipment or systems that do not meet or exceed applicable voluntary consensus standards, to include in the application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that do meet or exceed such standards. Allows a grant applicant to include a second grant request in the application to be considered by the Administrator in the event the primary grant request is not approved on the grounds of the equipment not meeting such standards. Authorizes FY 2004 through 2006 appropriations for the Administrator to develop new firefighting technology. (Sec. 9) Directs the Administrator to: (1) provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for dealing with national emergencies; and (2) develop and make model mutual aid plans for both intrastate and interstate assistance available to State and local fire service officials. Requires the Administrator to report to specified congressional committees on the need for a strategy concerning deployment of volunteers and emergency response personnel, including a national credentialing system, in the event of a national emergency. Requires the Director of the Federal Emergency Management Agency (FEMA) to: (1) revise the FEMA Federal Response Plan to incorporate plans for responding to terrorist attacks, particularly in urban areas, including fire detection and suppression and related emergency services; and (2) report to specified congressional committees on the action taken to comply with such revisions. (Sec. 10) Authorizes the Superintendent of the National Academy for Fire Prevention and Control to train fire service personnel in: (1) strategies for building collapse rescue; (2) the use of technology in response to fires; (3) response, tactics, and strategies for dealing with terrorist-caused national catastrophes; (4) use of and familiarity with the FEMA's Federal Response Plan; (5) leadership and strategic skills, including integrated management systems operations and integrated response; (6) applying new technology and developing strategies and tactics for fighting forest fires; (7) integrating terrorism response agencies into the national terrorism incident response system; and (8) response tactics and strategies for fighting fires at U.S. ports, including fires on the water and aboard vessels. Authorizes the Superintendent to consult with other Federal, State, and local agency officials in developing curricula for classes offered by the Academy. Requires the Administrator, where appropriate, to coordinate training provided under the Act with the heads of other Federal agencies to: (1) ensure that such training does not duplicate existing courses available to fire service personnel; and (2) establish a mechanism for eliminating duplicative programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Ute-Moab Land Restoration Act''. SEC. 2. TRANSFER OF OIL SHALE RESERVE. Section 3405 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 105-261) is amended to read as follows: ``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2. ``(a) Definitions.--In this section: ``(1) Map.--The term ``map'' means the map entitled `Boundary Map, .............', numbered ____ and dated ________, to be kept on file and available for public inspection in the offices of the Department of the Interior. ``(2) Moab site.--The term `Moab site' means the Moab uranium milling site located approximately 3 miles northwest of Moab, Utah, and identified in the Final Environmental Impact Statement issued by the Nuclear Regulatory Commission in March 1996, in conjunction with Source Material License No. SUA 917. ``(3) NOSR-2.--The term `NOSR-2' means Oil Shale Reserve Numbered 2, as identified on a map on file in the Office of the Secretary of the Interior. ``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe of the Uintah and Ouray Indian Reservation. ``(b) Conveyance.-- ``(1) In general.--Except as provided in paragraph (2), the United States conveys to the Tribe, subject to valid existing rights in effect on the day before the date of enactment of this section, all Federal land within the exterior boundaries of NOSR-2 in fee simple (including surface and mineral rights). ``(2) Reservations.--The conveyance under paragraph (1) shall not include the following reservations of the United States: ``(A) A 9 percent royalty interest in the value of any oil, gas, other hydrocarbons, and all other minerals from the conveyed land that are produced, saved, and sold, the payments for which shall be made by the Tribe or its designee to the Secretary of Energy during the period that the oil, gas, hydrocarbons, or minerals are being produced, saved, sold, or extracted. ``(B) The portion of the bed of Green River contained entirely within NOSR-2, as depicted on the map. ``(C) The land (including surface and mineral rights) to the west of the Green River within NOSR-2, as depicted on the map. ``(D) A \\1/4\\ mile scenic easement on the east side of the Green River within NOSR-2. ``(3) Conditions.-- ``(A) Management authority.--On completion of the conveyance under paragraph (1), the United States relinquishes all management authority over the conveyed land (including tribal activities conducted on the land). ``(B) No reversion.--The land conveyed to the Tribe under this subsection shall not revert to the United States for management in trust status. ``(C) Use of easement.--The reservation of the easement under paragraph (2)(D) shall not affect the right of the Tribe to obtain, use, and maintain access to, the Green River through the use of the road within the easement, as depicted on the map. ``(c) Withdrawals.--All withdrawals in effect on NOSR-2 on the date of enactment of this section are revoked. ``(d) Administration of Reserved land, Interests in land.-- ``(1) In general.--The Secretary shall administer the land and interests in land reserved from conveyance under subparagraphs (B) and (C) of subsection (b)(2) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). ``(2) Management plan.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit to Congress a land use plan for the management of the land and interests in land referred to in paragraph (1). ``(3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection. ``(e) Royalty.-- ``(1) Payment of royalty.-- ``(A) In general.--The royalty interest reserved from conveyance in subsection (b)(2)(A) that is required to be paid by the Tribe shall not include any development, production, marketing, and operating expenses. ``(B) Federal tax responsibility.--The United States shall bear responsibility for and pay-- ``(i) gross production taxes; ``(ii) pipeline taxes; and ``(iii) allocation taxes assessed against the gross production. ``(2) Report.--The Tribe shall submit to the Secretary of Energy and to Congress an annual report on resource development and other activities of the Tribe concerning the conveyance under subsection (b). ``(3) Financial audit.-- ``(A) In general.--Not later than 5 years after the date of enactment of this section, and every 5 years thereafter, the Tribe shall obtain an audit of all resource development activities of the Tribe concerning the conveyance under subsection (b), as provided under chapter 75 of title 31, United States Code. ``(B) Inclusion of results.--The results of each audit under this paragraph shall be included in the next annual report submitted after the date of completion of the audit. ``(f) River Management.-- ``(1) In general.--The Tribe shall manage, under Tribal jurisdiction and in accordance with ordinances adopted by the Tribe, land of the Tribe that is adjacent to, and within \\1/4\\ mile of, the Green River in a manner that-- ``(A) maintains the protected status of the land; and ``(B) is consistent with the government-to- government agreement and in the memorandum of understanding dated February 11, 2000, as agreed to by the Tribe and the Secretary. ``(2) No management restrictions.--An ordinance referred to in paragraph (1) shall not impair, limit, or otherwise restrict the management and use of any land that is not owned, controlled, or subject to the jurisdiction of the Tribe. ``(3) Repeal or amendment.--An ordinance adopted by the Tribe and referenced in the government-to-government agreement may not be repealed or amended without the written approval of-- ``(A) the Tribe; and ``(B) the Secretary. ``(g) Plant Species.-- ``(1) In general.--In accordance with a government-to- government agreement between the Tribe and the Secretary, in a manner consistent with levels of legal protection in effect on the date of enactment of this section, the Tribe shall protect, under ordinances adopted by the Tribe, any plant species that is-- ``(A) listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and ``(B) located or found on the NOSR-2 land conveyed to the Tribe. ``(2) Tribal jurisdiction.--The protection described in paragraph (1) shall be performed solely under tribal jurisdiction ``(h) Horses.-- ``(1) In general.--The Tribe shall manage, protect, and assert control over any horse not owned by the Tribe or tribal members that is located or found on the NOSR-2 land conveyed to the Tribe in a manner that is consistent with Federal law governing the management, protection, and control of horses in effect on the date of enactment of this section. ``(2) Tribal jurisdiction.--The management, control, and protection of horses described in paragraph (1) shall be performed solely-- ``(A) under tribal jurisdiction; and ``(B) in accordance with a government-to-government agreement between the Tribe and the Secretary. ``(i) Remedial Action at Moab Site.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary of Energy shall prepare a plan for the commencement, not later than 1 year after the date of completion of the plan, of remedial action (including groundwater restoration) at the Moab site in accordance with section 102(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(a)). ``(2) Limit on expenditures.--The Secretary shall limit the amounts expended in carrying out the remedial action under paragraph (1) to-- ``(A) amounts specifically appropriated for the remedial action in an Act of appropriation; and ``(B) other amounts made available for the remedial action under this subsection. ``(3) Retention of royalties.-- ``(A) In general.--The Secretary of Energy shall retain the amounts received as royalties under subsection (e)(1). ``(B) Availability.--Amounts referred to in subparagraph (A) shall be available, without further Act of appropriation, to carry out the remedial action under paragraph (1). ``(C) Excess amounts.--On completion of the remedial action under paragraph (1), all remaining royalty amounts shall be deposited in the General Fund of the Treasury. ``(D) Authorization of appropriations.-- ``(i) In general.--There are authorized to be appropriated to the Secretary of Energy to carry out the remedial action under paragraph (1) such sums as are necessary. ``(ii) Continuation of nrc trustee remediation activities.--After the date of enactment of this section and until such date as funds are made available under clause (i), the Secretary, using funds available to the Secretary that are not otherwise appropriated, shall carry out-- ``(I) this subsection; and ``(II) any remediation activity being carried out at the Moab site by the trustee appointed by the Nuclear Regulatory Commission for the Moab site on the date of enactment of this section. ``(4) Sale of moab site.-- ``(A) In general.--If the Moab site is sold after the date on which the Secretary of Energy completes the remedial action under paragraph (1), the seller shall pay to the Secretary of Energy, for deposit in the miscellaneous receipts account of the Treasury, the portion of the sale price that the Secretary determines resulted from the enhancement of the value of the Moab site that is attributable to the completion of the remedial action, as determined in accordance with subparagraph (B). ``(B) Determination of enhanced value.--The enhanced value of the Moab site referred to in subparagraph (A) shall be equal to the difference between-- ``(i) the fair market value of the Moab site on the date of enactment of this section, based on information available on that date; and ``(ii) the fair market value of the Moab site, as appraised on completion of the remedial action.''. SEC. 3. URANIUM MILL TAILINGS. Section 102(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(a)) is amended by inserting after paragraph (3) the following: ``(4) Designation as processing site.-- ``(A) In general.--Notwithstanding any other provision of law, the Moab uranium milling site (referred to in this paragraph as the `Moab Site') located approximately 3 miles northwest of Moab, Utah, and identified in the Final Environmental Impact Statement issued by the Nuclear Regulatory Commission in March 1996, in conjunction with Source Material License No. SUA 917, is designated as a processing site. ``(B) Applicability.--This title applies to the Moab Site in the same manner and to the same extent as to other processing sites designated under this subsection, except that-- ``(i) sections 103, 107(a), 112(a), and 115(a) of this title shall not apply; ``(ii) a reference in this title to the date of the enactment of this Act shall be treated as a reference to the date of enactment of this paragraph; and ``(iii) the Secretary, subject to the availability of appropriations and without regard to section 104(b), shall conduct remediation at the Moab site in a safe and environmentally sound manner, including-- ``(I) groundwater restoration; and ``(II) the removal, to at a site in the State of Utah, for permanent disposition and any necessary stabilization, of residual radioactive material and other contaminated material from the Moab Site and the floodplain of the Colorado River.''. SEC. 4. CONFORMING AMENDMENT. Section 3406 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note) is amended by inserting after subsection (e) the following: ``(f) Oil Shale Reserve Numbered 2.--This section does not apply to the transfer of Oil Shale Reserve Numbered 2 under section 3405.''.", "summary": "Declares that the United States relinquishes all management authority over such conveyed land, including tribal activities conducted on such land, on completion of such conveyance. Provides that such lands conveyed to the Tribe shall not revert to the United States for management in trust status. Revokes all withdrawals in effect on NOSR-2. Directs the Secretary of the Interior (Secretary) to administer the land and interests in land reserved from such conveyance and to submit to Congress a land use plan. Prohibits the royalty interest reserved from conveyance that is required to be paid by the Tribe from including any development, production, marketing, and operating expenses. Requires the United States to bear responsibility for and pay gross production taxes, pipeline taxes, and allocation taxes assessed against the gross production. Requires the Tribe to: (1) submit to the Secretary of Energy and Congress an annual report on resource development and other activities of the Tribe concerning such conveyance; and (2) obtain an audit of all such resource development activities every five years and include the results in the next annual report. Requires the Tribe: (1) to manage land adjacent to and within a 1/4 mile of the Green River in a in a manner that maintains the land's protected status and is consistent with a government-to-government agreement and a specified memorandum of understanding between the Tribe and the Secretary; and (2) in accordance with such agreement, to protect any endangered or threatened plant species located or found on the NOSR-2 land conveyed to the Tribe and to manage, protect, and assert control over any horse not owned by the Tribe or tribal members that is located or found on such land in a manner that is consistent with Federal law. Requires the Secretary of Energy: (1) to prepare a plan for the commencement of remedial action, including groundwater restoration, at the Atlas uranium milling site, Moab, Utah; (2) to retain the amounts received as royalties under this Act to carry out such remedial action; and (3) until funds authorized by this Act are made available, to use available funds to carry out such remedial action and any remediation activity being carried out at the site by the trustee appointed by the Nuclear Regulatory Commission. Provides that if the site is sold after remedial action is completed, the seller shall pay to the Secretary of Energy the portion of the sale price attributable to such action. Amends the Uranium Mill Tailings Radiation Control Act of 1978 to designate such site as a processing site, with specified exceptions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Creation and Economic Growth Act''. SEC. 2. AMENDMENTS TO THE BUDGET CONTROL ACT OF 2011. (a) Title Amendment.--The title heading of title IV of the Budget Control Act of 2011 (Public Law 112-25) is amended by inserting ``, JOB CREATION, AND ECONOMIC GROWTH'' after ``DEFICIT REDUCTION''. (b) Additional Duties of Joint Select Committee.--Section 401 of the Budget Control Act of 2011 (Public Law 112-25) is amended-- (1) in subsection (a)(1), by inserting ``, Job Creation, and Economic Growth'' after ``Deficit Reduction''; (2) in subsection (b)-- (A) in paragraph (1), by inserting ``, Job Creation, and Economic Growth'' after ``Deficit Reduction''; (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``Goal'' and inserting ``Goals''; (ii) by striking ``goal'' and inserting ``goals''; and (iii) by inserting before the period ``and to spur economic growth and restore the Nation's workforce to full employment, which shall be defined by the Secretary of Labor not later than 14 days after the date of enactment of the Job Creation and Economic Growth Act, over the period of fiscal years 2012 and 2013''; (C) in paragraph (3)(A)(i), by inserting ``and significantly improve the short-term and long-term employment levels in the United States and spur economic growth'' before the period; (D) in paragraph (3)(A)(ii), by striking ``reduce the deficit consistent with the goal'' and inserting ``reduce the deficit and improve employment levels consistent with the goal''; (E) in paragraph (3)(B)-- (i) in the subparagraph heading, by striking ``Report'' and inserting ``Reports''; (ii) in clause (i)-- (I) by striking ``and'' at the end of subclause (I); (II) in subclause (II), by inserting ``with respect to deficit reduction'' after ``subclause (I)''; (III) by striking the period at the end of subclause (II) and inserting a semicolon; (IV) by inserting after subclause (II) the following new subclauses: ``(III) proposed legislative language to carry out such recommendations as described in subclause (I) with respect to job creation measures, which shall include a statement of the job creation achieved by the legislation over the period of fiscal years 2012 and 2013.''; and (iii) in clause (iv), by striking ``the joint committee report'' and inserting ``that joint committee report''; and (iv) in clause (v), by striking ``vote'' and inserting ``votes''; and (F) in paragraph (4)-- (i) in subparagraph (A), by striking ``12'' and inserting ``16''; (ii) in each of clause (i) through (iv) of subparagraph (B), by striking ``three'' each place it appears and inserting ``4''; and (iii) by adding at the end the following new subparagraph: ``(F) Subcommittee.--The joint committee shall appoint some of its members to a special subcommittee which shall make recommendations to the joint committee on measures to spur economic growth and restore the Nation's workforce to full employment over the period of fiscal years 2012 and 2013.''. (c) Conforming Amendments Relating to Expedited Consideration of Joint Committee Recommendations.--Section 402 of the Budget Control Act of 2011 (Public Law 112-25) is amended-- (1) in subsection (a)-- (A) by striking ``If approved by the majority'' and all that follows through ``section 401(b)(3)(B)(iv)'' and insert the following: ``(1) Approved deficit reduction legislative language.--If approved by the majority required by section 401(b)(3)(B)(ii), the proposed legislative language described in clause (i)(II) of section 401(b)(1)(B) and submitted pursuant to clause (iv) of such section''; and (B) by adding at the end the following: ``(2) Job creation legislative language.-- ``(A) If approved.--If approved by the majority required by section 401(b)(3)(B)(ii), the proposed legislative language described in clause (i)(III) of section 401(b)(1)(B) submitted pursuant to clause (iv) of such section shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. ``(B) If not approved.--If no legislative language described in subclause (III) of section 401(b)(1)(B)(i) is approved by the vote required by such section, then any such legislative language that was brought to a vote under such section shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``the joint committee bill'' each place it appears and inserting ``a joint committee bill''; and (ii) in the last sentence, by striking ``the joint committee bill'' and inserting ``that joint committee bill''; (B) in paragraph (2), in the first sentence, by striking ``the joint committee bill'' and inserting ``that joint committee bill''; and (C) in paragraph (3), by striking ``The joint committee bill'' and inserting ``A joint committee bill''; (3) in subsection (c)-- (A) in paragraphs (3) and (4), by striking ``the joint committee bill'' each place it appears and inserting ``a joint committee bill''; and (B) in paragraph (5), by striking ``the joint committee bill'' the first place it appears and inserting ``a joint committee bill''; (4) in subsection (d), by striking ``The joint committee bill'' and insert ``A joint committee bill''; (5) in subsection (e)(1) in the matter preceding subparagraph (A)-- (A) by striking ``before passing the joint'' and inserting ``before passing a joint''; and (B) by striking ``a joint committee bill'' and inserting ``a related joint committee bill''; (6) in subsection (f)(2)-- (A) by striking ``the joint committee bill'' the first place it appears and inserting ``a joint committee bill''; and (B) by striking ``receives the joint committee bill'' and inserting ``receives the related joint committee bill''; (7) in subsection (f)(3), by striking ``the joint committee bill'' and inserting ``a joint committee bill''; and (8) in subsection (g)-- (A) in paragraph (1), by inserting ``, in the case of a joint committee bill that was introduced pursuant to subsection (a)(1)'' before the semicolon; and (B) in paragraph (2), by inserting ``, in the case of any joint committee bill that was introduced pursuant to subsection (a)'' before the period. (d) Table of Contents Amendment.--In the table of contents in section 1(b) of the Budget Control Act of 2011, the item relating to title IV is amended to read as follows: ``TITLE IV--JOINT SELECT COMMITTEE ON DEFICIT REDUCTION, JOB CREATION, AND ECONOMIC GROWTH''.", "summary": "Job Creation and Economic Growth Act - Amends the Budget Control Act of 2011 to redesignate the Joint Select Committee on Deficit Reduction as the Joint Select Committee on Deficit Reduction, Job Creation, and Economic Growth. Adds as a goal of the joint committee spurring economic growth and restoring the nation's workforce to full employment over the period of FY2012 and FY2013. Revises the duties of the joint committee to require it to make recommendations that will significantly improve U.S. short-term and long-term employment levels and spur economic growth. Requires the joint committee, by November 23, 2011, to vote on proposed legislative language to carry out joint committee recommendations with respect to job creation measures, including a statement of job creation achieved by such legislation. Increases the number of members of the joint committee from 12 to 16. Directs the joint committee to appoint some of its members to a special subcommittee to make recommendations on measures to spur economic growth and restore the nation's workforce to full employment over the period of FY2012 and FY2013. Prescribes procedures for expedited congressional consideration of proposed joint committee job creation legislative language."}
{"article": "SECTION 1. CHIEF FINANCIAL OFFICER OF THE VIRGIN ISLANDS. (a) Appointment of Chief Financial Officer.-- (1) In general.--The Governor of the Virgin Islands shall appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from the names on the list required under section 2(d). If the Governor has nominated a person for Chief Financial Officer but the Legislature of the Virgin Islands has not confirmed a nominee within 90 days after receiving the list pursuant to section 2(d), the Governor shall appoint from such list a Chief Financial Officer on an acting basis until the Legislature consents to a Chief Financial Officer. (2) Acting chief financial officer.--If a Chief Financial Officer has not been appointed under paragraph (1) within 180 days after the date of the enactment of this Act, the Virgin Islands Chief Financial Officer Search Commission, by majority vote, shall appoint from the names on the list submitted under section 2(d), an Acting Chief Financial Officer to serve in that capacity until a Chief Financial Officer is appointed under the first sentence of paragraph (1). In either case, if the Acting Chief Financial Officer serves in an acting capacity for 180 consecutive days, without further action the Acting Chief Financial Officer shall become the Chief Financial Officer. (b) Transfer of Functions.-- (1) In general.--Upon the appointment of a Chief Financial Officer under subsection (a), the functions of the Director of the Office of Management and Budget established under the laws of the Virgin Islands shall be transferred to the Chief Financial Officer. All employees of the Office of Management and Budget become employees of the Office of the Chief Financial Officer. (2) Documents provided.--The heads of each department of the Government of the Virgin Islands, in particular the head of the Department of Finance of the Virgin Islands and the head of the Internal Revenue Bureau of the Virgin Islands shall provide all documents and information under the jurisdiction of that head that the Chief Financial Officer considers required to carry out his or her functions to the Chief Financial Officer. (c) Duties of Chief Financial Officer.--The duties of the Chief Financial Officer shall include the following: (1) Assume the functions and authority of the office of the Office of Management and Budget established under the laws of the Virgin Islands as transferred under subsection (b). (2) Develop a report on the financial status of the Government of the Virgin Islands not later than 6 months after appointment and quarterly thereafter. Such reports shall be available to the public and shall be submitted to the Committee on Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. (3) Each year certify spending limits of the annual budget and whether or not the annual budget is balanced. (4) Monitor operations of budget for compliance with spending limits, appropriations, and laws, and direct adjustments where necessary. (5) Develop standards for financial management, including inventory and contracting, for the government of the Virgin Islands in general and for each agency in conjunction with the agency head. (6) Oversee all aspects of the implementation of the financial management system provided pursuant to section 3 to ensure the coordination, transparency, and networking of all agencies' financial, personnel, and budget functions. (7) Provide technical staff to the Governor and legislature of the Virgin Islands for development of a deficit reduction and financial recovery plan. (d) Deputy Chief Financial Officer.--Until the date that is 5 years after the date of the enactment of this Act, the position of the Director of the Office of Management and Budget of the Virgin Islands shall-- (1) have the duties, salary (as specified in subsection (f)(3)), and other conditions of the Deputy Chief Financial Officer in lieu of the duties, salary, and other conditions of the Director of the Office of Management and Budget of the Virgin Islands as such functions existed before the appointment of the Chief Financial Officer; and (2) assist the Chief Financial Officer in carrying out the duties of the Chief Financial Officer. (e) Conditions Related to Chief Financial Officer.-- (1) Term.--The Chief Financial Officer shall be appointed for a term of 5 years. (2) Removal.--The Chief Financial Officer shall not be removed except for cause. An Acting Chief Financial Officer may be removed for cause or by a Chief Financial Officer appointed with the advice and consent of the Legislature of the Virgin Islands. (3) Replacement.--If the Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another Chief Financial Officer shall be selected in accordance with subsection (a). (4) Salary.--The Chief Financial Officer shall be paid at a salary to be determined by the Governor of the Virgin Islands, except such rate may not be less than the highest rate of pay for a cabinet officer of the Government of the Virgin Islands or a Chief Financial Officer serving in any government or semiautonomous agency. (f) Conditions Related to Deputy Chief Financial Officer.-- (1) Term; removal.--The Deputy Chief Financial Officer shall serve at the pleasure of the Chief Financial Officer. (2) Replacement.--If the Deputy Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another person shall be selected by the Governor of the Virgin Islands to serve as Deputy Chief Financial Officer. (3) Salary.--The Deputy Chief Financial Officer shall be paid at a salary to be determined by the Chief Financial Officer, except such rate may not be less than the rate of pay of the Director of the Office of Management and Budget. (g) Resumption of Functions.--On the date that is 5 years after the date of the enactment of this Act, the functions of the Chief Financial Officer shall be transferred to the Director of the Office of Management and Budget of the Virgin Islands. (h) Sunset.--This section shall cease to have effect after the date that is 5 years after the date of the enactment of this Act. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Virgin Islands Chief Financial Officer Search Commission''. (b) Duty of Commission.--The Commission shall recommend to the Governor not less than 3 candidates for nomination as Chief Financial Officer of the Virgin Islands. Each candidate must have demonstrated ability in general management of, knowledge of, and extensive practical experience at the highest levels of financial management in governmental or business entities and must have experience in the development, implementation, and operation of financial management systems. Candidates shall not have served in a policy making or unclassified position of the Government of the Virgin Islands in the 10 years immediately preceding appointment as Chief Financial Officer. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 9 members appointed not later than 30 days after the date of the enactment of this Act. Persons appointed as members must have recognized business, government, or financial expertise and experience and shall be appointed as follows: (A) 1 individual appointed by the Governor of the Virgin Islands. (B) 1 individual appointed by the President of the Legislature of the Virgin Islands. (C) 1 individual, who is an employee of the Government of the Virgin Islands, appointed by the Central Labor Council of the Virgin Islands. (D) 1 individual appointed by the Chamber of Commerce of St. Thomas-St. John. (E) 1 individual appointed by the Chamber of Commerce of St. Croix. (F) 1 individual appointed by the President of the University of the Virgin Islands. (G) 1 individual appointed by the Chief Judge of the Virgin Islands Territorial Court. (H) 1 individual, who is a resident of St. John, appointed by the At-Large Member of the Legislature of the Virgin Islands. (I) 1 individual appointed by the Advocates for the Preservation of the Retirement System. (2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy shall be appointed for the remainder of that term. (3) Basic pay.--Members shall serve without pay. (4) Quorum.--Five members of the Commission shall constitute a quorum. (5) Chairperson.--The Chairperson of the Commission shall be the Chief Judge of the Territorial Court or her designee and shall serve as an ex officio member of the Commission and shall vote only in the case of a tie. (6) Meetings.--The Commission shall meet at the call of the Chairperson. The Commission shall meet for the first time not later than 15 days after all members have been appointed under this subsection. (7) Government employment.--Members may not be current government employees, except for the member appointed under paragraph (1)(C); and (d) Report; Recommendations.--The Commission shall transmit a report to the Governor and the Resources Committee of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 60 days after its first meeting. The report shall name the Commission's recommendations for candidates for nomination as Chief Financial Officer of the Virgin Islands. (e) Termination.--The Commission shall terminate 210 days after its first meeting. SEC. 3. FINANCIAL MANAGEMENT SYSTEM. It is hereby authorized to be appropriated such sums as necessary for the installation of a Financial Management System, including appropriate computer hardware and software, to the Government of the Virgin Islands. Upon becoming available, the financial management system shall be available to the Chief Financial Officer and, after the date that is 5 years after the date of the enactment of this Act, the Director of the Office of Management and Budget of the Virgin Islands, to assist the Chief Financial Officer or the Director of the Office of Management and Budget of the Virgin Islands, as the case may be, to carry out the official duties of that office. SEC. 4. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Chief financial officer.--In sections 1 and 2, the term ``Chief Financial Officer'' means a Chief Financial Officer or Acting Chief Financial Officer, as the case may be, appointed under section 1(a). (2) Commission.--The term ``Commission'' means the Virgin Islands Chief Financial Officer Search Commission established pursuant to section 2. (3) Governor.--The term ``Governor'' means the Governor of the Virgin Islands. (4) Removal for cause.--The term ``removal for cause'' means removal based upon misconduct, failure to meet job requirements, or any grounds that a reasonable person would find grounds for discharge. SEC. 5. NO ABROGATION OF POWERS. Nothing in this Act shall be construed to permit the Governor and Legislature of the Virgin Islands to dilute, delegate, or otherwise alter or weaken the powers and authority of the Office of Management and Budget established under the laws of the Virgin Islands. Passed the House of Representatives September 22, 2004. Attest: JEFF TRANDAHL, Clerk.", "summary": "(Sec. 1) Requires the Governor of the Virgin Islands to appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from a list required by this Act. States that if: (1) the Legislature has not confirmed a nominee within 90 days the Governor shall appoint an Acting Chief Financial Officer until the Legislature consents to a Chief Financial Officer; and (2) a Chief Financial Officer has not been appointed within 180 days the Virgin Islands Chief Financial Officer Search Commission shall appoint from such list an Acting Chief Financial Officer until a Chief Financial Officer is appointed. Sets forth the Chief Financial Officer's duties, including: (1) assumption of the functions and authority of the Office of Management and Budget; and (2) budget and financial management systems oversight. Transfers the functions of the Director of the Office of Management and Budget to the Chief Financial Officer. Alters the position of the Director of the Office of Management and Budget to that of the Deputy Chief Financial Officer. Implements such changes for a five-year period. (Sec. 2) Establishes the Virgin Islands Chief Financial Officer Search Commission to recommend at least three candidates for the Chief Financial Officer position. Terminates the Commission 210 days after its first meeting. (Sec. 3) Authorizes appropriations for the installation of a Financial Management System, including appropriate computer hardware and software, to the Government of the Virgin Islands. States that such system shall be available to the Chief Financial Officer, and five years after the date of enactment of this Act, to the Director of the Office of Management and Budget of the Virgin Islands. (Sec. 5) States that nothing in this Act shall be construed to permit the Governor and Legislature of the Virgin Islands to delegate or otherwise alter the powers and authority of the Office of Management and Budget established under the laws of the Virgin Islands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology and Research Accelerating National Security and Future Economic Resiliency Act of 2014'' or the ``TRANSFER Act''. SEC. 2. INNOVATIVE APPROACHES TO TECHNOLOGY TRANSFER GRANT PROGRAM. Section 9(jj) of the Small Business Act (15 U.S.C. 638(jj)) is amended to read as follows: ``(jj) Innovative Approaches to Technology Transfer.-- ``(1) Grant program.-- ``(A) Definitions.--In this subsection-- ``(i) the term `covered agency' means a Federal agency that is required to establish an STTR program under subsection (n); ``(ii) the term `eligible institution' means-- ``(I) an institution of higher education; ``(II) a technology transfer organization that facilitates the commercialization of technologies developed by 1 or more institutions of higher education; ``(III) a Federal laboratory; ``(IV) a public or private nonprofit entity; or ``(V) a consortium of any of the entities described under subclause (I), (II), (III), or (IV); ``(iii) the term `Federal laboratory' has the meaning given that term under section 4(6) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(6)); ``(iv) the term `institution of higher education' has the meaning given that term under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); and ``(v) the term `program' means an Innovative Approaches to Technology Transfer Grant Program established by a covered agency under subparagraph (B). ``(B) Establishment of program.--The head of each covered agency shall establish a grant program, to be known as the Innovative Approaches to Technology Transfer Grant Program of the covered agency, to make grants to eligible institutions to improve or accelerate the commercialization of high quality and commercially viable federally funded research and technology by small business concerns. ``(C) Use of funds.--Grants awarded under a program may be used to-- ``(i) provide early-stage proof of concept funding for translational research; ``(ii) identify research and technology that have the potential for accelerated commercialization; ``(iii) support technology maturation activities, including prototype construction, experiment analysis, product comparison, and the collection of performance data; ``(iv) provide funding for technical validations, market research, clarifying intellectual property rights position and strategy, and investigating commercial and business opportunities; ``(v) provide advice, mentoring, entrepreneurial education, project management, and technology and business development expertise to innovators and recipients of technology transfer licenses to maximize commercialization potential; and ``(vi) conduct outreach to small business concerns as potential licensees of federally funded research and technology to provide technology transfer services to those small business concerns. ``(D) Application.-- ``(i) In general.--An eligible institution desiring a grant under the program shall submit an application to a covered agency at such time, in such manner, and containing such information as the covered agency may require. ``(ii) Required information.--An application submitted for a grant under the program shall include-- ``(I)(aa) a description of innovative approaches to technology transfer, technology development, and commercial readiness that have the potential to increase or accelerate technology transfer outcomes and can be adopted by other eligible institutions; or ``(bb) a demonstration of, or a plan to implement, proven technology transfer and commercialization strategies that can achieve greater commercialization of federally funded research and technology with a grant under the program; ``(II) a description of how the eligible institution will contribute to local and regional economic development efforts; ``(III) a plan for sustainability after grant amounts have been expended; and ``(IV) a plan to assemble an oversight board in accordance with subparagraph (F). ``(E) Competitive basis.--A covered agency shall award grants to eligible institutions under the program of the covered agency on a competitive basis. ``(F) Oversight board.-- ``(i) In general.--An eligible institution that receives a grant under the program shall assemble an oversight board to-- ``(I) establish award programs for individual projects, including an application process; ``(II) provide rigorous evaluation of project applications; ``(III) determine which projects should receive awards from the eligible institution; ``(IV) establish milestones and associated award amounts for projects that reach certain milestones; ``(V) determine whether a project is reaching the established milestones; and ``(VI) develop a process to reallocate outstanding award amounts from projects that are not reaching milestones to other projects with more potential to reach those milestones. ``(ii) Membership and qualifications.-- ``(I) In general.--An oversight board assembled under clause (i) shall be composed of members who shall have demonstrated relevant technical, scientific, or business expertise, of whom three-fifths shall be drawn from relevant industries, start-up companies, venture capital or other equity investment mechanisms, technical enterprises, financial institutions, and business development organizations with a track record of success in commercializing innovations. ``(II) Conflicts of interest.--An oversight board assembled under clause (i) shall adopt policies that-- ``(aa) prohibit conflicts of interest among members of the oversight board; ``(bb) ensure that relevant relationships are disclosed; and ``(cc) establish proper recusal procedures in the event of a conflict of interest. ``(iii) Use of existing oversight boards.-- An eligible institution may use oversight boards in existence on the date of the enactment of the Technology and Research Accelerating National Security and Future Economic Resiliency Act of 2014 that meet the requirements of this subparagraph. ``(G) Grant and award amounts.-- ``(i) Grant amounts.--The amount of a grant made by a covered agency under the program of the covered agency shall be not more than $3,000,000. ``(ii) Award amounts.--An eligible institution that receives a grant under a program shall make awards for individual projects that support the activities of clauses (i), (iii) and (iv) of subparagraph (C), which-- ``(I) shall not be more than $100,000; and ``(II) shall be provided in phased amounts, based on whether the project is reaching the milestones established by the oversight board of the eligible institution. ``(H) Authorized expenditures for the program.-- ``(i) Expenditure amounts.--The percentage of the extramural budget for research, or research and development, required to be expended by a covered agency for the program of the covered agency shall be-- ``(I) 0.05 percent for fiscal year 2015; and ``(II) 0.1 percent for each of fiscal years 2016 and 2017. ``(ii) Treatment of expenditures.--Any portion of the extramural budget expended by a covered agency for the program of the covered agency shall apply toward the STTR expenditure requirements of the covered agency under subsection (n). ``(2) Program evaluation and data collection and dissemination.-- ``(A) Evaluation plan and data collection.-- ``(i) In general.--Each covered agency shall develop a program evaluation plan to collect data to identify outcomes resulting from the transfer of technology under the program of the covered agency, including-- ``(I) specific follow-on funding identified or obtained, including follow-on funding sources, such as Federal sources or private sources, not later than 3 years after the date on which an eligible institution makes an award for a project under the program; ``(II) the number of projects which, not later than 5 years after receiving an award from an eligible institution under the program, result in a license to a start-up company or an established company with sufficient resources for effective commercialization; ``(III) the number of invention disclosures received, United States patent applications filed, and United States patents issued not later than 5 years after the date on which an eligible institution makes an award for a project under the program; ``(IV) the number of projects receiving an award from an eligible institution under the program that secure Phase I or Phase II SBIR or STTR awards; ``(V) available information on revenue, sales, or other measures of products that have been commercialized as a result of projects receiving an award from an eligible institution under the program not later than 5 years after the date on which the eligible institution made the award; ``(VI) the number and location of jobs created as a result of projects receiving an award from an eligible institution under the program; and ``(VII) any other data as the covered agency may determine appropriate. ``(B) Evaluative report to congress.--Not later than September 30, 2018, the head of each covered agency shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives a report evaluating the activities of the program of the covered agency, which shall include-- ``(i) a detailed description of the implementation of the program; ``(ii) a detailed description of selection process used by the covered agency to award a grant to an eligible institution under the program; ``(iii) an accounting of the funds used in the program; and ``(iv) a summary of the data collected under subparagraph (A). ``(C) Data dissemination.--For purposes of program transparency and the dissemination of best practices, the Administrator shall include on the public database under subsection (k)(1) information on the program of each covered agency, including-- ``(i) the program evaluation plan required under subparagraph (A); ``(ii) a list of recipients of awards made by an eligible institution for projects under the program by State; and ``(iii) information on the use by recipients of awards made by an eligible institution for projects under the program.''.", "summary": "Technology and Research Accelerating National Security and Future Economic Resiliency Act of 2013 or the TRANSFER Act of 2013 - Amends the Small Business Act to revise the requirement that the Director of the National Institutes of Health (NIH) use funds for a Proof of Concept Partnership pilot program to accelerate the creation of small businesses and the commercialization of research innovations made by certain institutions. Directs the head of each covered federal agency required to establish a small business technology transfer (STTR) program to establish an Innovative Approaches to Technology Transfer Grant Program to make grants to institutions of higher education, technology transfer organizations that facilitate the commercialization of technologies developed by one or more of the institutions, federal laboratories, public or private nonprofit entities, or a consortium of any of these entities in order to improve or accelerate the commercialization of high quality and commercially viable federally funded research and technology by small businesses. Outlines activities eligible for funding, application requirements, and award procedures and amounts. Requires grant recipients to assemble an oversight board to establish award programs for individual projects and evaluate project applications. Prescribes the percentage of each covered agency's extramural budget for research, or research development required to be expended on such Program for FY2015-FY2017. Directs each covered agency to develop a Program evaluation plan to collect data to identify outcomes resulting from the transfer of technology under its Program. Requires the Administrator of the Small Business Administration (SBA) to include information on each covered agency's Program on the public database of small businesses participating in STTR or Small Business Innovation Research programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Teaching Standards and License Portability Act of 2007''. SEC. 2. TEACHING STANDARDS AND LICENSE PORTABILITY. Part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) is amended by adding at the end the following: ``Subpart 6--Teaching Standards and License Portability ``SEC. 2371. PURPOSES. ``The purposes of this subpart are the following: ``(1) To support the development of rigorous kindergarten through grade 12 teaching standards that incorporate 21st century learning skills. ``(2) To create incentives for States to adopt, pilot, and implement such rigorous kindergarten through grade 12 teaching standards. ``(3) To create incentives for States to align the States' teacher licensing systems to such rigorous kindergarten through grade 12 teaching standards. ``(4) To create incentives for States to develop policies to facilitate teacher license portability across States in order to improve the capacity of States to collaboratively address teacher shortages. ``SEC. 2372. DEFINITIONS. ``In this subpart: ``(1) Core teaching standards.--The term `core teaching standards' means standards that all beginning teachers should know and be able to teach in order to practice responsibly, regardless of the subject matter or grade level being taught. ``(2) Eligible entity.--The term `eligible entity' means an organization representing administrators of State educational agencies in partnership with 1 or more independent professional organizations with expertise in the following areas: ``(A) Teacher preparation and licensure. ``(B) Assessment of teacher knowledge, skills, and competencies. ``(3) 21st century learning skills.--The term `21st century learning skills' means the skills, knowledge, and competencies that students should master to succeed in postsecondary education and the workforce of the 21st century, including creativity and innovation skills, critical thinking and problem-solving skills, communication and collaboration skills, information and technology literacy, civic and health literacy, adaptability, social and cross-cultural skills, and leadership skills. ``SEC. 2373. GRANT PROGRAM AUTHORIZED. ``(a) Authorization.--The Secretary is authorized to award a competitive grant to an eligible entity to enable such entity to carry out the following: ``(1) The development or updating of core teaching standards and content-specific kindergarten through grade 12 teaching standards that are rigorous and incorporate 21st century learning skills and recent research and expert knowledge on teaching practices. ``(2) The development of teacher assessments linked to the kindergarten through grade 12 teaching standards that can be used for licensing, are valid and reliable, and are performance-based. ``(3) The awarding of subgrants as described in subsection (b)(2) to State educational agencies. ``(4) The provision of technical assistance to States in the adoption, pilot testing, and implementation of kindergarten through grade 12 teaching standards and teacher assessments as described in paragraph (2). ``(5) The provision of technical assistance to States to facilitate teacher license portability across States through changes in relevant State policies or the creation of new policies for such purpose. ``(b) Uses of Funds.-- ``(1) Direct activities.-- ``(A) First and second years.--An eligible entity that receives a grant under subsection (a) shall use 100 percent of the funds made available through the grant for the first and second fiscal years-- ``(i) to develop or update the core teaching standards and content-specific kindergarten through grade 12 teaching standards; and ``(ii) to develop and pilot test teacher performance assessments that can be used to supplement or supplant current State licensing exams. ``(B) Third year and beyond.--An eligible entity that receives a grant under subsection (a) shall use not more than 40 percent of the funds made available through the grant for the third fiscal year, not more than 30 percent of the funds made available through the grant for the fourth fiscal year, and not more than 20 percent of the funds made available through the grant for the fifth fiscal year-- ``(i) to continue pilot testing and validating the teacher performance assessments; ``(ii) to disseminate the kindergarten through grade 12 teaching standards, assessments, and any other materials that States may need to properly evaluate and adopt such standards, assessments, and materials; ``(iii) to provide technical assistance to States in-- ``(I) adopting the kindergarten through grade 12 teaching standards; ``(II) pilot testing the teacher assessments; and ``(III) reliably and accurately administering and interpreting the teacher assessments; and ``(iv) to fund research activities that further the development of kindergarten through grade 12 teaching standards and assessments. ``(2) Subgrants.--An eligible entity that receives a grant under subsection (a) shall use not less than 60 percent of the funds made available through the grant for the third fiscal year, not less than 70 percent of the funds made available through the grant for the fourth fiscal year, and not less than 80 percent of the funds made available through the grant for the fifth fiscal year to award subgrants to State educational agencies to pay the Federal share of the costs of carrying out the following activities in the States: ``(A) To adopt the core teaching standards and content-specific kindergarten through grade 12 teaching standards developed or updated by the eligible entity. ``(B) To align the States' teacher licensing systems to such standards, which may include the pilot testing and use of teacher assessments developed by the eligible entity under paragraph (1)(A)(ii). ``(C) To change relevant policies or introduce new policies to facilitate teacher license portability across the States. ``SEC. 2374. APPLICATIONS. ``(a) Grant Application.-- ``(1) In general.--An eligible entity that desires a grant under this subpart shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. ``(2) Contents.--In an application submitted under paragraph (1), an eligible entity shall include, at a minimum, a description of the capability of the entity to carry out section 2373(b). ``(b) Subgrant Application.-- ``(1) In general.--A State educational agency that desires a subgrant under this subpart shall submit an application to the eligible entity at such time, in such manner, and accompanied by such information as the eligible entity may require. ``(2) Contents.--In an application submitted under paragraph (1), a State educational agency shall include, at a minimum, a description of how the agency plans to carry out the activities described in subparagraphs (A), (B), and (C) of section 2373(b)(2). ``SEC. 2375. FEDERAL SHARE. ``(a) Federal Share.--For State educational agencies receiving a subgrant under section 2371(b)(2), the Federal share of the cost of carrying out the activities described in subparagraphs (A), (B), and (C) of section 2371(b)(2) shall be 50 percent. ``(b) Payment of Non-Federal Share.--The non-Federal share may be paid in cash or in kind (fairly evaluated). ``SEC. 2376. REPORTS TO CONGRESS. ``Not later than 2 years after the date funds are first made available to carry out this subpart, and again 2 years thereafter, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report regarding activities assisted under this subpart. ``SEC. 2377. SUPPLEMENT, NOT SUPPLANT. ``Funds made available to carry out this subpart shall be used to supplement, and not supplant, other Federal, State, and local funds available to carry out the [purposes described in section 2371]. ``SEC. 2378. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart-- ``(1) $4,000,000 for each of fiscal years 2008 and 2009; and ``(2) $10,000,000 for each of fiscal years 2010, 2011, and 2012.''.", "summary": "Enhancing Teaching Standards and License Portability Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award a competitive grant to a partnership between an organization representing state educational agency administrators and one or more independent professional organizations that have teacher preparation, licensure, and assessment expertise to: (1) enhance kindergarten through grade 12 teaching standards; (2) develop performance-based teaching assessments that are linked to such standards and can be used for licensing; and (3) provide technical assistance and matching subgrants to states to adopt such teaching standards and assessments, align their licensing systems to such standards, and facilitate teacher license portability across the states."}
{"article": "SECTION 1. DEFINITIONS. For purposes of this Act-- (1) the term ``base closure law'' means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note); (2) the term ``closed military installation'' means a military installation closed or approved for closure pursuant to a base closure law; (3) the term ``designated refinery'' means a refinery designated under section 2(a); (4) the term ``Federal refinery authorization''-- (A) means any authorization required under Federal law, whether administered by a Federal or State administrative agency or official, with respect to siting, construction, expansion, or operation of a refinery; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals required under Federal law with respect to siting, construction, expansion, or operation of a refinery; (5) the term ``refinery'' means-- (A) a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof, in order to produce gasoline or other fuel; or (B) a facility designed and operated to receive, load, unload, store, transport, process, and refine coal by any chemical or physical process, including liquefaction, in order to produce gasoline, diesel, or other liquid fuel as its primary output; (6) the term ``Secretary'' means the Secretary of Energy; and (7) the term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. SEC. 2. STATE PARTICIPATION AND PRESIDENTIAL DESIGNATION. (a) Designation Requirement.--Not later than 90 days after the date of enactment of this Act, the President shall designate no less than 3 closed military installations, or portions thereof, subject to subsection (c)(2), that are appropriate for the purposes of siting a refinery. (b) Analysis of Refinery Sites.--In considering any site for possible designation under subsection (a), the President shall conduct an analysis of-- (1) the availability of crude oil supplies to the site, including supplies from domestic production of shale oil and tar sands and other strategic unconventional fuels; (2) the distribution of the Nation's refined petroleum product demand; (3) whether such site is in close proximity to substantial pipeline infrastructure, including both crude oil and refined petroleum product pipelines, and potential infrastructure feasibility; (4) the need to diversify the geographical location of the domestic refining capacity; (5) the effect that increased refined petroleum products from a refinery on that site may have on the price and supply of gasoline to consumers; (6) the impact of locating a refinery on the site on the readiness and operations of the Armed Forces; and (7) such other factors as the President considers appropriate. (c) Sale or Disposal.-- (1) Designation.--Except as provided in paragraph (2), until the expiration of 2 years after the date of enactment of this Act, the Federal Government shall not sell or otherwise dispose of the military installations designated pursuant to subsection (a). (2) Governor's objection.--No site may be used for a refinery under this Act if, not later than 60 days after designation of the site under subsection (a), the Governor of the State in which the site is located transmits to the President an objection to the designation, unless, not later than 60 days after the President receives such objection, the Congress has by law overridden the objection. (d) Redevelopment Authority.--With respect to a closed military installation, or portion thereof, designated by the President as a potentially suitable refinery site pursuant to subsection (a)-- (1) the redevelopment authority for the installation, in preparing or revising the redevelopment plan for the installation, shall consider the feasibility and practicability of siting a refinery on the installation; and (2) the Secretary of Defense, in managing and disposing of real property at the installation pursuant to the base closure law applicable to the installation, shall give substantial deference to the recommendations of the redevelopment authority, as contained in the redevelopment plan for the installation, regarding the siting of a refinery on the installation. SEC. 3. PROCESS COORDINATION AND RULES OF PROCEDURE. (a) Designation as Lead Agency.-- (1) In general.--The Department of Energy shall act as the lead agency for the purposes of coordinating all applicable Federal refinery authorizations and related environmental reviews with respect to a designated refinery. (2) Other agencies.--Each Federal and State agency or official required to provide a Federal refinery authorization shall cooperate with the Secretary and comply with the deadlines established by the Secretary. (b) Schedule.-- (1) Secretary's authority to set schedule.--The Secretary shall establish a schedule for all Federal refinery authorizations with respect to a designated refinery. In establishing the schedule, the Secretary shall-- (A) ensure expeditious completion of all such proceedings; and (B) accommodate the applicable schedules established by Federal law for such proceedings. (2) Failure to meet schedule.--If a Federal or State administrative agency or official does not complete a proceeding for an approval that is required for a Federal refinery authorization in accordance with the schedule established by the Secretary under this subsection, the applicant may pursue remedies under subsection (d). (c) Consolidated Record.--The Secretary shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made or actions taken by the Secretary or by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal refinery authorization. Such record shall be the record for judicial review under subsection (d) of decisions made or actions taken by Federal and State administrative agencies and officials, except that, if the Court determines that the record does not contain sufficient information, the Court may remand the proceeding to the Secretary for further development of the consolidated record. (d) Judicial Review.-- (1) In general.--The United States Court of Appeals for the District of Columbia shall have original and exclusive jurisdiction over any civil action for the review of-- (A) an order or action, related to a Federal refinery authorization, by a Federal or State administrative agency or official; and (B) an alleged failure to act by a Federal or State administrative agency or official acting pursuant to a Federal refinery authorization. The failure of an agency or official to act on a Federal refinery authorization in accordance with the Secretary's schedule established pursuant to subsection (b) shall be considered inconsistent with Federal law for the purposes of paragraph (2) of this subsection. (2) Court action.--If the Court finds that an order or action described in paragraph (1)(A) is inconsistent with the Federal law governing such Federal refinery authorization, or that a failure to act as described in paragraph (1)(B) has occurred, and the order, action, or failure to act would prevent the siting, construction, expansion, or operation of the designated refinery, the Court shall remand the proceeding to the agency or official to take appropriate action consistent with the order of the Court. If the Court remands the order, action, or failure to act to the Federal or State administrative agency or official, the Court shall set a reasonable schedule and deadline for the agency or official to act on remand. (3) Secretary's action.--For any civil action brought under this subsection, the Secretary shall promptly file with the Court the consolidated record compiled by the Secretary pursuant to subsection (c). (4) Expedited review.--The Court shall set any civil action brought under this subsection for expedited consideration. (5) Attorney's fees.--In any action challenging a Federal refinery authorization that has been granted, reasonable attorney's fees and other expenses of litigation shall be awarded to the prevailing party. This paragraph shall not apply to any action seeking remedies for denial of a Federal refinery authorization or failure to act on an application for a Federal refinery authorization.", "summary": "Requires the President to designate not less than three closed military installations (or portions of them) that are appropriate for siting a refinery for gasoline or other fuel. Designates the Department of Energy as the lead agency for coordinating applicable federal refinery authorizations and related environmental reviews with respect to a designated refinery. Gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction over civil actions relating to federal refinery authorizations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Victims' Family Assistance Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``victim'' means a teacher, administrator, employee, or paid or unpaid staff member of a public or private elementary or secondary school in the United States who was killed as a result of an act of violence committed by another person while performing school duties. (2) The term ``surviving spouse'' means the spouse of the victim, as determined under applicable State law, at the time of the victim's death. (3) The term ``dependent child'' means a son or daughter of the victim (whether natural or adopted) who is under 25 years old. (4) The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) The term ``cost of attendance'' has the meaning given that term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (6) The term ``Secretary'' means the Secretary of Education. SEC. 3. TEACHER VICTIM FAMILY ASSISTANCE. The Secretary of Education shall provide to each applicable recipient the following amounts and forms of assistance: (1) Funeral assistance.--A payment of up to $1,500 to the surviving spouse, dependent child, or other next of kin, as determined by the Secretary, to assist with any funeral expenses of the victim. (2) Death benefit.--A payment of $75,000 to the surviving spouse, dependent child, or other next of kin, as determined by the Secretary. (3) Living assistance.--Beginning one year after the date of death of the victim, a payment of-- (A) $900 per month to the surviving spouse, until the earlier of the spouse's death or remarriage; and (B) $225 per month to each dependent child, until reaching the age of 18 years. (4) Dependent undergraduate education assistance.-- (A) In general.--For each dependent child enrolled or accepted for enrollment in a part-time or full-time program of undergraduate instruction at an institution of higher education, an annual amount not to exceed the lesser of $7,500 or half the total annual cost of attendance at such institution. (B) Relation to other assistance.--Assistance provided under this paragraph shall not be considered for the purpose of awarding Federal assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), except that in no case shall the sum of the total amount of student financial assistance awarded to a dependent child under such title and the amount of assistance provided under this paragraph exceed the child's total cost of attendance. (C) Duration of assistance.--A dependent child may receive assistance under this paragraph for not more than a total of 5 years. (D) Good standing required.--The dependent child must maintain good standing at the institution in order to receive assistance under this paragraph. (E) Effect of parental death or remarriage.--The death or remarriage of the surviving spouse does not affect a dependent child's eligibility for assistance under this paragraph. SEC. 4. TAX PROVISIONS RELATING TO ELEMENTARY OR SECONDARY SCHOOL STAFF MEMBERS KILLED IN AN ACT OF VIOLENCE WHILE PERFORMING SCHOOL DUTIES. (a) Teacher's Wages in Year of Death Excluded From Income.-- (1) In general.--Part II of subchapter J of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 693. INCOME TAXES OF ELEMENTARY OR SECONDARY SCHOOL STAFF MEMBERS KILLED IN AN ACT OF VIOLENCE WHILE PERFORMING SCHOOL DUTIES. ``In the case of any individual who is a victim (as defined by section 2(1) of the Teacher Victims' Family Assistance Act of 2017), any tax imposed by this subtitle on any amount received by such individual by reason of school employment shall not apply with respect to the taxable year in which falls the date of death of the individual.''. (2) Clerical amendment.--The table of sections for part II of subchapter J of chapter 1 of such Code is amended by inserting at the end the following new item: ``Sec. 693. Income taxes of elementary or secondary school staff members killed in an act of violence while performing school duties.''. (b) Exclusion of Teacher Victim Family Assistance.-- (1) In general.--Part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from gross income) is amended by inserting after section 139F the following new section: ``SEC. 139G. TEACHER VICTIM FAMILY ASSISTANCE. ``In the case of an individual, gross income does not include any amount received in a taxable year under section 2 of the Teacher Victims' Family Assistance Act of 2017.''. (2) Clerical amendment.--The table of sections for such part is amended by inserting after the item relating to section 139F the following new item: ``Sec. 139G. Teacher victim family assistance.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 5. TEACHER VICTIMS' FAMILY FUND. (a) Establishment.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``SEC. 9512. TEACHER VICTIMS' FAMILY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Teacher Victims' Family Trust Fund' (referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Trust Fund an amount equivalent to the increase in revenues received in the Treasury by reason of the increase in tax imposed under section 4181 by the Teacher Victims' Family Assistance Act of 2017. ``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust Fund shall be available, as provided in appropriation Acts, to carry out section 3 of the Teacher Victims' Family Assistance Act of 2017.''. (b) Increase in Excise Tax on Ammunition.--Section 4181 of such Code is amended-- (1) by striking ``Shells, and cartridges.'', and (2) by adding at the end the following: ``Articles taxable at 13 percent-- ``Shells, and cartridges.''. (c) Conforming Amendments.-- (1) Subsection (a) of section 3 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b) is amended by adding at the end the following new paragraph: ``(3) Paragraph (1) shall not apply to so much of the revenues accruing under section 4181 of the Internal Revenue Code of 1986 as are attributable to the increase in tax imposed under section 4181 by the Teacher Victims' Family Assistance Act of 2017.''. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following: ``Sec. 9512. Teacher Victims' Family Trust Fund.''. (d) Effective Date.-- (1) Except as provided by paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) The amendment made by subsection (b) shall apply to articles sold after the date of the enactment of this Act. SEC. 6. ELIGIBILITY FOR PUBLIC SAFETY OFFICER DEATH BENEFITS. For purposes of part L of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.)-- (1) a victim shall be deemed to be a public safety officer who has died as the direct and proximate result of a personal injury sustained in the line of duty; (2) the surviving spouse of the victim shall be deemed to be the surviving spouse of such a public safety officer; and (3) the dependent child of the victim shall be deemed to be the surviving child of such a public safety officer. SEC. 7. ASSISTANCE SUPPLEMENTS, NOT SUPPLANTS OTHER BENEFITS. No assistance provided under this Act may supplant any benefit or other compensation paid or payable to the surviving spouse, dependent child, or other next of kin of the victim by the victim's employer, school, school district, or local or State government, or by any insurance coverage of the victim.", "summary": "Teacher Victims' Family Assistance Act of 2017 This bill directs the Department of Education to provide assistance to the immediate families of teachers or other elementary and secondary school employees who are killed by another person's violent act while performing school duties. Such assistance includes funeral assistance, a death benefit, living assistance, and undergraduate education assistance for dependents. The bill amends the Internal Revenue Code to exempt from income tax: (1) the victim's compensation from school employment in the year of death, and (2) the victim's family assistance. The bill also establishes the Teacher Victims' Family Trust Fund funded with an excise tax increase on ammunition."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Jamestown 400th Anniversary Commemorative Coin Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) the founding of the colony at Jamestown, Virginia in 1607, the first permanent English colony in America, and the capital of Virginia for 92 years, has major significance in the history of the United States; (2) the Jamestown settlement brought people from throughout the Atlantic Basin together to form a multicultural society, including English, other Europeans, Native Americans, and Africans; (3) the economic, political, religious, and social institutions that developed during the first 9 decades of the existence of Jamestown continue to have profound effects on the United States, particularly in English common law and language, cross cultural relationships, manufacturing, and economic structure and status; (4) the National Park Service, the Association for the Preservation of Virginia Antiquities, and the Jamestown- Yorktown Foundation of the Commonwealth of Virginia collectively own and operate significant resources related to the early history of Jamestown; (5) in 2000, Congress established the Jamestown 400th Commemoration Commission to ensure a suitable national observance of the Jamestown 2007 anniversary and to support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the Jamestown 2007 observances; (6) a commemorative coin will bring national and international attention to the lasting legacy of Jamestown, Virginia; and (7) the proceeds from a surcharge on the sale of such commemorative coin will assist the financing of a suitable national observance in 2007 of the 400th anniversary of the founding of Jamestown, Virginia. SEC. 3. COIN SPECIFICATIONS. (a) $5 Gold Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall issue not more than 100,000 $5 coins, which shall-- (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (b) $1 Silver Coins.--The Secretary shall issue not more than 500,000 $1 coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1,500 inches; and (3) contain 90 percent silver and 10 percent copper. (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (e) Sources of Bullion.-- (1) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under section 5116 of title 31, United States Code. (2) Silver.--The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the settlement of Jamestown, Virginia, the first permanent English settlement in America. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2007''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Design Selection.--Subject to subsection (a), the design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the Jamestown 2007 Steering Committee, created by the Jamestown-Yorktown Foundation of the Commonwealth of Virginia; (B) the National Park Service; and (C) the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2007, and ending on December 31, 2007. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins minted under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (c) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (c) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (d) Surcharge.--All sales of coins minted under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) Recipients.-- (1) In general.--All surcharges received by the Secretary from the sale of coins minted under this Act shall be promptly paid by the Secretary to the recipients listed under paragraphs (2) and (3). (2) Jamestown-yorktown foundation.--The Secretary shall distribute 50 percent of the surcharges described under paragraph (1) to the Jamestown-Yorktown Foundation of the Commonwealth of Virginia, to support programs to promote the understanding of the legacies of Jamestown. (3) Other recipients.-- (A) In general.--The Secretary shall distribute 50 percent of the surcharges described under paragraph (1) to the entities specified under subparagraph (B), in equal shares, for the purposes of-- (i) sustaining the ongoing mission of preserving Jamestown; (ii) enhancing the national and international educational programs; (iii) improving infrastructure and archaeological research activities; and (iv) conducting other programs to support the commemoration of the 400th anniversary of Jamestown. (B) Entities specified.--Entities specified under this subparagraph are-- (i) the Secretary of the Department of the Interior; (ii) the President of the Association for the Preservation of Virginia Antiquities; and (iii) the Chairman of the Jamestown Yorktown Foundation. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the entities specified in subsection (a), as may be related to the expenditure of amounts distributed under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.", "summary": "Jamestown 400th Anniversary Commemorative Coin Act of 2003 - Directs the Secretary of the Treasury (the Secretary) to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins, which shall be emblematic of the settlement of Jamestown, Virginia (the first permanent English settlement in America). Prohibits: (1) any provision of law governing procurement or public contracts from being applicable to the procurement of goods and services necessary for carrying out the provisions of this Act; and (2) such general waiver of procurement regulations from relieving any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. Provides for a $35 per coin surcharge for the $5 dollar coins and $10 per coin for the $1 dollar coins. Directs the Secretary to distribute: (1) 50 percent of the surcharges to the Jamestown-Yorktown Foundation of Virginia to support programs to promote the understanding of the legacies of Jamestown; and (2) 50 percent to sustain the ongoing mission of preserving Jamestown, to enhance national and international educational programs, to improve infrastructure and archeological research activities, and to conduct other programs to support the commemoration of the 400th anniversary of the settlement of Jamestown. States that entities specified for such purposes are the Secretary of the Department of the Interior, the President of the Association for the Preservation of Virginia Antiquities, and the Chairman of the Jamestown-Yorktown Foundation. Requires the Secretary to take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the U.S. Government. Prohibits the issuance of a coin unless the Secretary has received: (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Safe Corridors Act''. SEC. 2. STATEMENT OF PURPOSE. The purpose of this Act is to fund programs that establish corridors of safety for senior citizens in crime-troubled areas. SEC. 3. GRANTS PROGRAMS TO ESTABLISH CORRIDORS OF SAFETY FOR SENIOR CITIZENS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) by redesignating part Q as part R; (2) by redesignating section 1701 as section 1801; and (3) by inserting after part P the following new part: ``PART Q--PROGRAMS TO ESTABLISH SAFE CORRIDORS FOR SENIOR CITIZENS ``SEC. 1701. GRANT AUTHORIZATION. ``(a) In General.--The Director of the Bureau of Justice Assistance may make grants under this part to States, and to units of local government with populations of more than 100,000 individuals, to fund programs that create corridors of safety for senior citizens in high- density senior citizen areas. ``(b) Uses of Funds.--Funds distributed under this part shall be used to fund programs that seek to decrease violent crimes against senior citizens by increasing the numbers, protective presence, and watchfulness of police, community group members, and others, and the watchfulness of business owners and employees, in high-density senior citizen areas. Programs may include escorting senior citizens. ``SEC. 1702. APPLICATIONS. ``(a) In General.--To request a grant under this part, a State, or a unit of local government with a population of more than 100,000 individuals, shall submit an application to the Director in the form and containing the information that the Director reasonably requires. ``(b) Approval.--The Director shall approve or disapprove each application made under subsection (a) within 60 days after the date that the application is received by the Bureau of Justice Assistance. ``SEC. 1703. CRITERIA. ``(a) Criteria.--In order to receive a grant under this part, an applicant shall-- ``(1) demonstrate that there is significant violent crime against senior citizens in the high-density senior citizen areas that will be affected by the applicant's program; ``(2) state the number of senior citizens who will be served by the applicant's program, and define which individuals will be considered senior citizens for purposes of the program; ``(3) describe the manner in which the applicant, including the applicant's local governments and police, will involve other sectors of the community, including local businesses, community groups, religious institutions, and law enforcement personnel such as transit and public housing officers, in the applicant's program; and ``(4) comply with any other requirement established by the Director for purposes of this section. ``(b) Application of Criteria.-- ``(1) In general.--The Director shall determine which applicants receive funding under this part based on the criteria referred to in subsection (a). ``(2) Priority.--If 2 applicants demonstrate equal need under the criteria referred to in paragraphs (1), (2), and (4) of subsection (a), the applicant whose proposed program shows the greatest amount and diversity of community involvement, as described in paragraph (3) of such subsection, shall be given priority in receiving a grant under this part. ``SEC. 1704. LIMIT ON AMOUNT OF GRANT. ``(a) In General.--The amount of a grant made under this part may not exceed 75 percent of the total costs, for the period for which the grant is received, of the program funded by the grant. ``(b) Waiver of Requirement.--The Director may waive the requirement of subsection (a) for a grant made to an applicant that is a unit of local government, if the Director finds that-- ``(1) the applicant has a compelling need for the program for which it is applying for funding under this part; and ``(2) the applicant has severe financial problems. ``SEC. 1705. REPORTS BY GRANT RECIPIENTS. ``(a) In General.--A State or unit of local government that receives funding for a program under this part shall submit, by a deadline established by the Director, an annual report for each fiscal year for which the funding is received, containing any information the Director may require regarding the program. ``(b) Evaluation of Effect on Crime.--The report required by subsection (a) with respect to any program shall include an evaluation of the effect of the program on violent crime against senior citizens in the high-density senior citizen areas in which the program operates. ``(c) Use of Grant Funds for Report.--A State or unit of local government may spend not more than 2 percent of the funds received under this part to compile the report required by subsection (a), or to otherwise comply with subsections (a) and (b). ``SEC. 1706. DEFINITIONS. ``For purposes of this part: ``(1) The term `applicant' means a State, or a unit of local government with a population of over 100,000 individuals, that applies for a grant under this part. ``(2) The term `Director' means the Director of the Bureau of Justice Assistance. ``(3) The term `high-density senior citizen area' means an area inside, surrounding, or adjacent to facilities or services that specialize in availability to senior citizens, such as a senior citizen program at a community center, a public housing authority or private senior citizen apartment complex, or a medical practice providing care to senior citizens. ``(4) The term `program' means a program described in section 1701(b).''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following new paragraph: ``(11) There are authorized to be appropriated, to carry out part Q, $50,000,000 for fiscal year 1995 and such sums as may be necessary for each of the fiscal years 1996 through 1998.''. (b) Technical Amendment.--Section 1001(a)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended by striking ``and O'' and inserting ``O, and Q''. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. (a) Evaluation of Programs.--Section 801(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)) is amended by striking ``and O'' and inserting ``O, and Q''. (b) Process for Denied Applications.--Section 802(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is amended in the 1st sentence by striking ``or O'' and inserting ``O, or Q''. (c) Table of Contents.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 prec.) is amended by striking the items relating to part Q and inserting the following new items: ``Part Q--Programs To Establish Safe Corridors for Senior Citizens ``Sec. 1701. Grant authorization. ``Sec. 1702. Applications. ``Sec. 1703. Criteria. ``Sec. 1704. Limit on amount of grant. ``Sec. 1705. Reports by grant recipients. ``Sec. 1706. Definitions. ``Part R--Transition--Effective Date--Repealer ``Sec. 1801. Continuation of rules, authorities, and proceedings.''.", "summary": "Senior Safe Corridors Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to States, and to units of local government with populations exceeding 100,000, to fund programs that create corridors of safety for senior citizens in high-density senior citizen areas. Directs that such grants be used to fund programs that seek to decrease violent crime against senior citizens by increasing the numbers, protective presence, and watchfulness of police, community group members, and others, and the watchfulness of business owners and employees, in high-density senior citizen areas. Specifies that such programs may include escorting senior citizens. Sets forth provisions regarding: (1) application requirements; (2) criteria for application approval and priorities; (3) limits on grant amounts; and (4) reports by grant recipients. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Appointee Ethics Improvement Act''. SEC. 2. AMENDMENTS TO SECTION 207 OF TITLE 18. (a) Extension of Post-Employment Ban on Lobbying for Certain Former Government Employees.--Section 207 of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) in the subsection heading, by striking ``One- year'' and inserting ``Two-Year''; (B) in paragraph (1)-- (i) by striking ``within 1 year after'' and inserting ``within 2 years after''; and (ii) by striking ``within 1 year before such termination''; and (C) in paragraph (2), by adding at the end the following: ``(D) Not later than 30 days after a waiver is granted under subparagraph (C), the waiver shall be published in the Federal Register and accompanied by a signed statement by the Director of the Office of Government Ethics describing in detail the reasons for providing such waiver unless such a description would compromise national security.''; (2) in subsection (d)(1), in the matter following subparagraph (C), by striking ``within 2 years'' and inserting ``within 5 years''; and (3) in subsection (d)(2)(A), by striking ``in such position'' and all that follows through ``terminated''. (b) Lifetime Ban on Representation of Foreign Entities for Certain High-Level Former Employees.--Section 207(f) of such title is amended-- (1) in paragraph (1), by inserting ``(or, in the case of an individual described in paragraph (2), at any time)'' after ``within 1 year''; (2) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''; (3) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); and (4) by inserting after paragraph (1) the following new paragraph: ``(2) Description of individuals subject to lifetime ban.-- An individual described in this paragraph is any individual who was-- ``(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ``(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.''. SEC. 3. PROHIBITION ON PARTICIPATION IN MATTER RELATING TO PREVIOUS EMPLOYMENT. (a) In General.--Chapter 11 of title 18, United States Code, is amended by inserting after section 219 the following new section: ``Sec. 220. Prohibition on participation in matter relating to previous employment ``(a) During the 2-year period beginning on the date an individual is appointed to a covered position at an agency, any such individual who has not received a waiver under subsection (b)-- ``(1) who participates in any particular matter involving specific parties that is directly and substantially related to the individual's former employer or former clients, or ``(2) with respect to any such individual who was a registered lobbyist under the Lobbying Disclosure Act of 1995, or who was not a registered lobbyist under such Act but who engaged in lobbying activity as defined in subsection (c), during the 2-year period preceding the date of such appointment, who-- ``(A) participates in any particular matter on which the individual made a lobbying contact (in the case of a registered lobbyist under such Act), or engaged in such activity, during such 2-year period, ``(B) participates in the specific issue area in which such particular matter falls, or ``(C) seeks or accepts employment with any agency with respect to which the individual made a lobbying contact (in the case of a registered lobbyist under such Act), or engaged in such activity, during such 2- year period, shall be punished as provided in section 216 of this title. ``(b)(1) The Director of the Office of Management and Budget, in consultation with the Counsel to the President, may waive the requirements of subsection (a) with respect to any individual covered by such subsection if the Director certifies, in writing, to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the appropriate congressional committees of jurisdiction, that it is in the public interest to grant the waiver. ``(2) For purposes of carrying out paragraph (1)-- ``(A) the public interest includes exigent circumstances relating to public health, public safety, or national security; ``(B) de minimis contact with an agency shall be cause for a waiver of subsection (a)(2); and ``(C) any waiver shall take effect when the certification is published in the Federal Register, accompanied by a signed statement by the Director describing in detail the reasons for providing the waiver unless such a description would compromise national security. ``(c)(1) In this section, the term `lobbying activity' means, with respect to an individual, knowingly making, with the intent to influence, any communication to or appearance before any officer or employee of the Federal Government on behalf of another person as an employee of a lobbying firm or lobbying organization, in connection with any matter on which such person seeks official action by such officer or employee of the Federal Government. The previous sentence applies only with respect to an individual who spends greater than 20% of the individual's time as an employee of a lobbying firm or lobbying organization engaged in such lobbying activity. ``(2) In paragraph (1), the term `lobbying firm' means any firm, corporation, or limited liability company in which-- ``(A) employees of the firm in the aggregate make 2 or more lobbying contacts at any time on behalf of a particular client; and ``(B) the firm receives or expects to receive from a particular client for matters related to lobbying activities at least the amount specified in section 4(a)(3)(A) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) in the quarterly period during which registration would be made under such Act. ``(3) In paragraph (1), the term `lobbying organization' includes any organization in which-- ``(A) employees of the firm in the aggregate make 2 or more lobbying contacts at any time on its behalf; and ``(B) the organization expends in connection with lobbying activities at least the amount specified in section 4(a)(3)(B) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) in the quarterly period during which registration would be made under such Act. ``(4) In this subsection, the term `employee' has the meaning given such term in section 3(5) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(5)). ``(d) In this section, the following definitions apply: ``(1) The term `agency' means an `Executive agency' (as that term is defined in section 105 of title 5), the Executive Office of the President, the United States Postal Service, and the Postal Regulatory Commission, but does not include the Government Accountability Office. ``(2) The term `covered position'-- ``(A) means any-- ``(i) full-time, non-career position which requires appointment by the President or Vice- President; ``(ii) non-career position within the Senior Executive Service or other SES-type system; or ``(iii) position that has been excepted from the competitive service by reason of being of a confidential or policymaking character, including positions under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; and ``(B) does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer. ``(3) The term `directly and substantially related to former employer or former clients' means matters in which the individual's former employer or a former client is a party or represents a party. ``(4) The term `former client' means any person for whom the individual served personally as agent, attorney, or consultant, but does include instances where the service provided was limited to a speech or similar appearance or clients of the individual's former employer to whom the individual did not personally provide services. ``(5) The term `former employer' means any person for whom the individual has within the 2 years prior to the date of appointment served as an employee, officer, director, trustee, or general partner, but does not include any agency or other entity of the Federal Government, Native American tribe, or any United States territory or possession. ``(6) The term `lobbying contact' has the meaning given such term in section 3(8) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(8)). ``(7) The term `particular matter' has the meaning given that term in section 207 and section 2635.402(b)(3) of title 5, Code of Federal Regulations, or any successor regulation. ``(8) The term `participate' means to participate personally and substantially. ``(9) The term `particular matter involving specific parties' has the meaning as set forth in section 2641.201(h) of title 5, Code of Federal Regulations, or any successor regulation, except that it shall also include any meeting or other communication relating to the performance of an individual's official duties with a former employer or former client, unless the communication applies to a particular matter of general applicability and participation in the meeting or other event is open to all interested parties.''. (b) Clerical Amendment.--The table of sections of chapter 11 of title 18, United States Code, is amended by inserting after the item relating to section 219 the following new item: ``220. Prohibition on participation in matter relating to previous employment.''. (c) Application.--The amendments made after subsection (a) shall apply to any individual appointed to a covered position (as that term is defined in section 220(d)(2) of title 18, United States Code, as added by such subsection) after the date of enactment of this Act.", "summary": "Executive Appointee Ethics Improvement Act This bill lengthens from one to two years the ban on certain senior personnel of the executive branch and independent agencies from lobbying the department or agency in which the person served. If the Director of the Office of Government Ethics decides to waive this restriction, such decision shall be published in the Federal Register unless it would compromise national security. The bill lengthens from two to five years the ban on certain very senior personnel of the executive branch and independent agencies, including the Vice President, from lobbying any office or employee of any department or agency in which such person served. Certain high-level employees of the executive branch are subject to a lifetime ban on knowingly representing a foreign entity before any officer or employee of any department or agency of the United States with the intent to influence a decision of such officer or employee. During a two-year period beginning on the date an individual is appointed to a covered position, such individual is banned from participating in any matter involving specific parties that is directly related to the individual's former employer or former clients. Additionally, any individual who was a registered lobbyist or who engaged in lobbying activities during a two-year period prior to appointment is prohibited from participating in any particular matter on which the individual made a lobbying contact or participating in the specific issue area in which the matter falls. The Office of Management and Budget (OMB) may waive these requirements if OMB certifies in writing to various congressional committees that it is in the public interest to grant the waiver."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Caring Family Act of 2003''. SEC. 2. ADDITIONAL PERSONAL EXEMPTION FOR DEPENDENTS WITH LONG-TERM CARE NEEDS IN TAXPAYER'S HOME. (a) In General.--Section 151 of the Internal Revenue Code of 1986 (relating to allowance of deductions for personal exemptions) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: ``(d) Additional Exemption for Dependents With Long-Term Care Needs in Taxpayer's Home.-- ``(1) In general.--An exemption of the applicable amount for each qualified family member of the taxpayer. ``(2) Applicable amount.--For purposes of paragraph (1), the applicable amount is the amount determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- applicable amount is-- 2003 and 2004................................. $500 2005 and 2006................................. 1,000 2007 and 2008................................. 1,500 2009 and 2010................................. 2,000 2011 and 2012................................. 2,500 2013 and thereafter........................... 0. ``(3) Qualified family member.--For purposes of this subsection, the term `qualified family member' means, with respect to any taxable year, any individual-- ``(A) who is-- ``(i) the spouse of the taxpayer, or ``(ii) a dependent of the taxpayer with respect to whom the taxpayer is entitled to an exemption under subsection (c), ``(B) who has attained age 60 before the close of the taxable year, ``(C) who is an individual with long-term care needs, and ``(D) who, for more than one-half of the taxable year, has as such individual's principal place of abode the home of the taxpayer and is a member of the taxpayer's household. ``(4) Individuals with long-term care needs.--For purposes of this subsection, the term `individual with long-term care needs' means, with respect to any taxable year, an individual who has been certified during such year by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being, for a period of at least 180 consecutive days which includes the date of the certification-- ``(A) an individual who is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(B) an individual who requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(5) Identification requirement.-- ``(A) In general.--No exemption shall be allowed under this subsection to a taxpayer with respect to any qualified family member unless the taxpayer includes on the return of tax for the taxable year-- ``(i) the name and TIN of such member, and ``(ii) the name and TIN of the physician certifying such member. ``(B) Exception for due diligence.--In the case of a failure to provide the information required under subparagraph (A)(ii), such subparagraph shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(6) Special rules.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this subsection.''. (b) Conforming Amendments.-- (1) Section 1(f)(6)(A) of such Code is amended by striking ``151(d)(4)'' and inserting ``151(e)(4)''. (2) Section 1(f)(6)(B) of such Code, as amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``151(d)(3)(A)'' and inserting ``151(e)(3)(A)''. (3) Section 1(f)(6)(B) of such Code, as in effect on the day before the date of the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``151(d)(4)(A)'' and inserting ``151(e)(4)(A)''. (4) Section 3402(f)(1)(A) of such Code is amended by striking ``151(d)(2)'' and inserting ``151(e)(2)''. (5) Section 3402(r)(2)(B) of such Code is amended by striking ``151(d)'' and inserting ``151(e)''. (6) Section 6012(a)(1)(D)(ii) of such Code is amended-- (A) by striking ``151(d)'' and inserting ``151(e)'', and (B) by striking ``151(d)(2)'' and inserting ``151(e)(2)''. (7) Section 6013(b)(3)(A) of such Code is amended by striking ``151(d)'' and inserting ``151(e)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.", "summary": "Caring Family Act of 2003 - Amends the Internal Revenue Code to allow an additional exemption for dependents, residing with the taxpayer, with long-term care needs who are over the age of 60."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rare Earths Supply Technology and Resources Transformation Act of 2010'' or the ``RESTART Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Significant quantities of rare earths are used in the production of clean energy technologies, including advanced automotive propulsion batteries, electric motors, high- efficiency light bulbs, solar panels, and wind turbines. These technologies are used to advance the United States energy policy of reducing dependence on foreign oil and decreasing greenhouse gas emissions through expansion of cleaner sources of energy. (2) Many modern defense technologies such as radar and sonar systems, precision-guided weapons, cruise missiles, and lasers cannot be built, as designed and specified, without the use of rare earths and materials produced from them. (3) Rare earths also provide core functionality to a variety of high technology applications in computing, pollution abatement, power generation, water treatment, oil refining, metal alloying, communications, health care, agriculture, and other sectors. (4) Though at least 15 percent of the world's rare earth reserves are located within the United States, the country now depends upon imports for nearly 100 percent of its rare earth needs because there are virtually no active rare earth producers in the United States. More than 97 percent of all rare earths for world consumption are produced in China. (5) The ability--and willingness--of China to export rare earths is eroding due to its growing domestic demand, its enforcement of environmental law on current producers, and its mandate to consolidate the industry by decreasing its number of mining permits. The Chinese Ministry of Industry and Information Technology draft rare earths plan for 2009 to 2015 proposes an immediate ban on the export of dysprosium, terbium, thulium, lutetium, and yttrium, the so-called ``heavy'' rare earths, and a restriction on the exports of all other, light, rare earth metals to a level well below that sufficient to satisfy the demand of Japan in 2008 alone for such metals. (6) Furthermore, the United States has limited rare earth production, remains entirely dependent on overseas refineries for further elemental and alloy processing, and does not currently maintain a ``strategic reserve'' of rare earth compounds, metals, or alloys. (7) Rare earths should qualify as materials either strategic or critical to national security. The United States Government should facilitate the domestic reintroduction of a globally competitive rare earth industry that is self- sufficient in the United States domestic market with multiple sources of mining, processing, alloying, and manufacturing. (8) This self-sufficiency requires an uninterrupted supply of strategic materials critical to national security and innovative commercial product development, including rare earths, to support the clean energy and defense supply chains. (9) The United States currently cannot reclaim valuable rare earths and permanent magnets from scrapped military or consumer products, industrial materials or equipment, which allows entities in other countries to identify and recover such materials for resale to United States manufacturers at considerable cost. (10) There is an urgent need to identify the current global market situation regarding rare earths, the strategic value placed on them by foreign nations including China, and the supply-chain vulnerabilities related to rare earths and products containing rare earths. SEC. 3. ACTIONS TO PROMOTE RARE EARTH DEVELOPMENT. (a) Policy.--It is the policy of the United States that each Federal agency shall take appropriate actions, to the extent consistent with applicable law, to expedite permitting and projects that will increase exploration for, and development of, domestic rare earths. (b) Rare Earth Policy Task Force.-- (1) Establishment.--There is established within the Department of the Interior a task force to be known as the ``Rare Earth Policy Task Force'' (referred to in this section as the ``Task Force''), which shall report to the President through the Secretary of the Interior. (2) Composition.--The Task Force shall be composed of the following: (A) The Secretary of the Interior (or a designee), who shall serve as chair of the Task Force. (B) The Secretary of Energy (or a designee). (C) The Secretary of Agriculture (or a designee). (D) The Secretary of Defense (or a designee). (E) The Secretary of Commerce (or a designee). (F) The Secretary of State (or a designee). (G) The Director of the Office of Management and Budget (or a designee). (H) The Chairman of the Council on Environmental Quality (or a designee). (I) Such other members as the Secretary of the Interior considers appropriate. (c) Duties.--The Task Force shall-- (1) monitor and assist Federal agencies in expediting the review and approval of permits or other actions, as necessary, to accelerate the completion of projects that will increase investment in, exploration for, and development of domestic rare earths pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Act of June 4, 1897 (commonly known as the ``Organic Act of 1897'' (16 U.S.C. 473- 482, 551), the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and any other applicable statutory authorities related to domestic mining operations; (2) assist Federal agencies in reviewing laws (including regulations) and policies that discourage investment in, exploration for, and development of domestic rare earths pursuant to Federal Land Policy and Management Act of 1976, the Act of June 4, 1897, the National Forest Management Act of 1976, and any other applicable statutory authorities related to domestic mining operations; and (3) take such other actions to otherwise increase investment in, exploration for, and development of domestic rare earths as the Task Force considers appropriate. (d) Annual Reports.--At least once each year, the Task Force shall submit to the President, the Committee on Natural Resources of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Natural Resources of the House of Representatives a report setting forth the following: (1) A description of the results of the coordinated and expedited review of permits or other actions to promote investment in, exploration for, and development of domestic rare earths, and an identification of the procedures and actions that have proven to be the most useful and appropriate in coordinating and expediting the review of projects that will increase investment in, exploration for, and development of domestic rare earths. (2) An identification of the substantive and procedural requirements of Federal, State, tribal, and local laws (including regulations) and Executive orders that are inconsistent with, duplicative of, or structured so as to restrict effective implementation of the projects described in paragraph (1). (3) Such recommendations as the Task Force considers appropriate to advance the policy set forth in subsection (a). (e) Judicial Review.-- (1) In general.--Nothing in this section shall be construed to affect any judicial review of an agency action under any other provision of law. (2) Construction.--This section-- (A) is intended to improve the internal management of the Federal Government; and (B) does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States (including an agency, instrumentality, officer, or employee of the United States) or any other person. SEC. 4. ASSESSMENT OF RARE EARTH SUPPLY CHAIN VULNERABILITY. (a) Assessment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Energy shall jointly, in consultation with the Secretary of Defense, the Secretary of Commerce, the Secretary of State, and the United States Trade Representative-- (1) undertake an assessment of the domestic rare earth supply chain; (2) determine pursuant to such assessment which rare earth elements are critical to clean energy technologies and the national and economic security of the United States; and (3) submit to Congress a report setting forth the results of such assessment and determination. (b) Establishment of Stockpile.--Not later than one year after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Energy shall jointly, in consultation with the Secretary of Defense, the Secretary of Commerce, the Secretary of State, and the United States Trade Representative, submit to Congress a report setting forth the following: (1) An assessment whether or not the rare earth materials determined to be critical to clean energy technologies and the national and economic security of the United States pursuant to subsection (a)(2) should be procured and placed in a stockpile. (2) An assessment whether or not adequate legal authorities exist to procure and place in a stockpile the rare earth materials so determined to be critical to clean energy technologies and the national and economic security of the United States. (3) Recommendations on the criteria to be utilized in determining the commencement and termination of the stockpiling of such rare earth materials. (c) Stockpile Defined.--In this section, the term ``stockpile'' means a strategic reserve of rare earth oxides, and storable forms of rare earths and alloys for purposes of clean energy technology and the national and economic security of the United States. SEC. 5. LOAN GUARANTEES FOR THE DOMESTIC RARE EARTH SUPPLY CHAIN. (a) Report to Industry.--Not later than 90 days after the date of the enactment of the Act, the Secretary of Energy shall issue a report to industry describing available mechanisms for obtaining government loan guarantees for purposes of reestablishing a domestic rare earth supply chain. (b) Department of Energy Support.--Not later than 90 days after the date of the enactment of the Act, the Secretary of Energy shall issue guidance for the rare earth industry on obtaining loan guarantees under title XVII of the Energy Policy Act of 2005 (Public Law 109-58; 22 U.S.C. 16511 et seq.) and the American Recovery and Reinvestment Act of 2009 (Public Law 111-16) for purposes of supporting the reestablishment of mining, separation, purification, metal processing, refining, alloying, and manufacturing operations in the United States relating to rare earths that will support the domestic clean energy technology and defense supply chains. SEC. 6. DEFENSE-RELATED PRODUCTION OF RARE EARTHS. (a) Sense of Congress.--It is the sense of Congress that-- (1) the United States faces a shortage of key rare earth materials that form the backbone of both the defense and energy supply chains; and (2) the urgent need to reestablish a domestic rare earth supply chain warrants a prioritization of projects under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) to support the reestablishment of such a supply chain. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report describing past, current, and future projects under the Defense Production Act of 1950 to support the domestic rare earth supply chain. If no such project is in process or planned as of the date of the report, the report shall include a justification for the lack of projects to support a domestic rare earth supply chain, particularly projects to establish or support domestic manufacturing capability in critical segments of the rare earth market. SEC. 7. SUPPORT FOR DOMESTIC RARE EARTH SUPPLY CHAIN. It is the sense of Congress that, in order to reestablish the security of rare earth supplies within the United States, and associated technologies-- (1) there is a pressing need to support innovation, training, and workforce development in the domestic rare earth supply chain; (2) the Department of Energy, the Department of the Interior, the Department of Commerce, and the Department of Defense should each, utilizing funds available to such department for basic research and development, provide funds to academic institutions, Government laboratories, corporate research and development, not-for-profit research and development, and industry associations in support of innovation, training, and workforce development in the domestic rare earth supply chain; and (3) in providing funds under paragraph (2), the Department of Energy, the Department of the Interior, the Department of Commerce, and the Department of Defense should give priority to academic institutions, Government laboratories, corporations, not-for-profit entities, and industry associations that will utilize domestically produced rare earths and associated materials. SEC. 8. RESTRICTIONS. (a) Limitation on Divestment of Facilities Created.--No recipient of appropriated funds for the purposes of supporting the reestablishment of a domestic rare earth supply chain, may divest any resources or assets funded, whether in whole or in part, by such appropriated funds to any foreign-owned or controlled entity without the concurrence of the Secretary of Energy, the Secretary of Defense, and the Secretary of Commerce. (b) Enhancing National Security.--Any recipient of appropriated funds obtained in connection with the reestablishment of a domestic rare earth supply chain shall be subject to the provisions of section 2538 of title 10, United States Code, in the utilization of such funds, including with respect to any rare earth-related material sold by such recipient in the commercial marketplace. SEC. 9. DEFINITIONS. In this Act: (1) Alloy.--The terms ``alloy'' means a partial or complete solid solution of one or more elements in a metallic matrix. (2) Alloying.--The term ``alloying'' means the melting of metal to create a metallic matrix. (3) Clean energy technology.--The term ``clean energy technology'' means a technology related to the production, use, transmission, storage, control, or conservation of energy that will-- (A) reduce the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, or transporting energy with greater effectiveness through the infrastructure of the United States; (B) diversify the sources of energy supply of the United States to strengthen energy security and to increase supplies with a favorable balance of environmental effects if the entire technology system is considered; or (C) contribute to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or sequestration of energy-related emissions. (4) Process.--The term ``process'', in the case of a rare earth oxide, means the conversion of the oxide into usable rare earth metals and specialty alloys and powders for domestic magnet and other manufacturing. (5) Rare earth.--The term ``rare earth''-- (A) means the chemical elements in the periodic table from lanthanum (atomic number 57) up to and including lutetium (atomic number 71); and (B) includes the chemical elements yttrium and scandium. (6) Refine.--The term ``refine'', in the case of a rare earth extracted from rock, means the separation and purification of the rare earth to commercial grades of oxides or other salts such as oxalates or chlorides.", "summary": "Rare Earths Supply Technology and Resources Transformation Act of 2010 or RESTART Act - Establishes within the Department of the Interior the Rare Earth Policy Task Force to monitor and assist federal agencies in expediting the review and approval of permits to accelerate the completion of projects that will increase investment in, exploration for, and development of domestic rare earths. Directs the Secretaries of the Interior and of Energy to assess and report to Congress on: (1) the domestic rare earth supply chain; (2) rare earth elements critical to clean energy technologies and the national security; and (3) whether critical rare earth materials should be stockpiled. Instructs the Secretary of Energy to: (1) report to industry describing available mechanisms for obtaining government loan guarantees to reestablish a domestic rare earth supply chain; and (2) issue guidance for the rare earth industry on obtaining federal loan guarantees. Directs the Secretary of Defense to report to Congress on past, current, and future projects to support the domestic rare earth supply chain. Expresses the sense of Congress that: (1) the United States faces a shortage of key rare earth materials that form the backbone of both the defense and energy supply chains; (2) the urgent need to reestablish a domestic rare earth supply chain warrants a statutory prioritization of projects to support such reestablishment; (3) there is a pressing need to support innovation, training, and workforce development in the domestic rare earth supply chain; and (4) the Departments of Energy, of the Interior, of Commerce, and of Defense should each provide funds to academic institutions, federal laboratories, and private entities for innovation, training, and workforce development in the domestic rare earth supply chain."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Nonproliferation Amendments Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Director of Central Intelligence's most recent Unclassified Report to Congress on the Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Conventional Munitions, 1 July Through 31 December 2003, states ``Russian entities during the reporting period continued to supply a variety of ballistic missile-related goods and technical know-how to countries such as Iran, India, and China. Iran's earlier success in gaining technology and materials from Russian entities helped accelerate Iranian development of the Shahab-3 MRBM, and continuing Russian entity assistance has supported Iranian efforts to develop new missiles and increase Tehran's self-sufficiency in missile production.'' (2) Vice Admiral Lowell E. Jacoby, the Director of the Defense Intelligence Agency, stated in testimony before the Select Committee on Intelligence of the Senate on February 16, 2005, that ``Tehran probably will have the ability to produce nuclear weapons early in the next decade''. (3) Iran has-- (A) failed to act in accordance with the Agreement Between Iran and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, done at Vienna June 19, 1973 (commonly referred to as the ``Safeguards Agreement''); (B) acted in a manner inconsistent with the Protocol Additional to the Agreement Between Iran and the International Atomic Energy Agency for the Application of Safeguards, signed at Vienna December 18, 2003 (commonly referred to as the ``Additional Protocol''); (C) acted in a manner inconsistent with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly referred to as the ``Nuclear Non-Proliferation Treaty''); and (D) resumed uranium conversion activities, thus ending the confidence building measures it adopted in its November 2003 agreement with the foreign ministers of the United Kingdom, France, and Germany. (4) On September 24, 2005, the Board of Governors of the International Atomic Energy Agency (IAEA) formally declared that Iranian actions constituted noncompliance with its nuclear safeguards obligations, and that Iran's history of concealment of its nuclear activities has given rise to questions that are within the purview of the United Nations Security Council. (5) The executive branch has on multiple occasions used the authority provided under section 3 of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) to impose sanctions on entities that have engaged in activities in violation of restrictions in the Act relating to-- (A) the export of equipment and technology controlled under multilateral export control lists, including under the Australia Group, Chemical Weapons Convention, Missile Technology Control Regime, Nuclear Suppliers Group, and the Wassenaar Arrangement or otherwise having the potential to make a material contribution to the development of weapons of mass destruction or cruise or ballistic missile systems to Iran; and (B) the export of other items to Iran with the potential of making a material contribution to Iran's weapons of mass destruction programs or on United States national control lists for reasons related to the proliferation of weapons of mass destruction or missiles. (6) The executive branch has never made a determination pursuant to section 6(b) of the Iran Nonproliferation Act of 2000 that-- (A) it is the policy of the Government of the Russian Federation to oppose the proliferation to Iran of weapons of mass destruction and missile systems capable of delivering such weapons; (B) the Government of the Russian Federation (including the law enforcement, export promotion, export control, and intelligence agencies of such government) has demonstrated and continues to demonstrate a sustained commitment to seek out and prevent the transfer to Iran of goods, services, and technology that could make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems; and (C) no entity under the jurisdiction or control of the Government of the Russian Federation, has, during the 1-year period prior to the date of the determination pursuant to section 6(b) of such Act, made transfers to Iran reportable under section 2(a) of the Act. (7) On June 29, 2005, President George W. Bush issued Executive Order 13382 blocking property of weapons of mass destruction proliferators and their supporters, and used the authority of such order against 4 Iranian entities, Aerospace Industries Organization, Shahid Hemmat Industrial Group, Shahid Bakeri Industrial Group, and the Atomic Energy Organization of Iran, that have engaged, or attempted to engage, in activities or transactions that have materially contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction or their means of delivery (including missiles capable of delivering such weapons), including efforts to manufacture, acquire, possess, develop, transport, transfer, or use such items. SEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT OF 2000 RELATED TO INTERNATIONAL SPACE STATION PAYMENTS. (a) Treatment of Certain Payments.--Section 7(1)(B) of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended-- (1) by striking the period at the end and inserting a comma; and (2) by adding at the end the following: ``except that such term does not mean payments in cash or in kind made or to be made by the United States Government prior to January 1, 2012, for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto.''. (b) Exception.--Section 6(h) of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by inserting after ``extraordinary payments in connection with the International Space Station'' the following: ``, or any other payments in connection with the International Space Station,''. (c) Reporting Requirements.--Section 6 of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by adding at the end the following new subsection: ``(i) Report on Certain Payments Related to International Space Station.-- ``(1) In general.--The President shall, together with each report submitted under section 2(a), submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report that identifies each Russian entity or person to whom the United States Government has, since the date of the enactment of the Iran Nonproliferation Amendments Act of 2005, made a payment in cash or in kind for work to be performed or services to be rendered under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto. ``(2) Content.--Each report submitted under paragraph (1) shall include-- ``(A) the specific purpose of each payment made to each entity or person identified in the report; and ``(B) with respect to each such payment, the assessment of the President that the payment was not prejudicial to the achievement of the objectives of the United States Government to prevent the proliferation of ballistic or cruise missile systems in Iran and other countries that have repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)).''. SEC. 4. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000 TO MAKE SUCH ACT APPLICABLE TO IRAN AND SYRIA. (a) Reports on Proliferation Relating to Iran or Syria.--Section 2 of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended-- (1) in the heading, by striking ``TO IRAN'' and inserting ``RELATING TO IRAN AND SYRIA''; and (2) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``or acquired from'' after ``transferred to''; and (ii) by inserting after ``Iran'' the following: ``, or on or after January 1, 2005, transferred to or acquired from Syria''; and (B) in paragraph (2), by inserting after ``Iran'' the following: ``or Syria, as the case may be,''. (b) Determination Exempting Foreign Persons From Certain Measures.--Section 5(a) of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended-- (1) in paragraph (1), by striking ``transfer to Iran'' and inserting ``transfer to or acquire from Iran or Syria, as the case may be,''; and (2) in paragraph (2), by striking ``Iran's efforts'' and inserting ``the efforts of Iran or Syria, as the case may be,''. (c) Restriction on Extraordinary Payments in Connection With the International Space Station.--Section 6(b) of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended-- (1) in the heading, by striking ``to Iran'' and inserting ``Relating to Iran and Syria''; (2) in paragraphs (1) and (2), by striking ``to Iran'' each place it appears and inserting ``to or from Iran and Syria''; and (3) in paragraph (3), by striking ``to Iran'' and inserting ``to or from Iran or Syria''. (d) Definitions.--Section 7(2) of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended-- (1) in subparagraph (C) to read as follows: ``(C) any foreign government, including any foreign governmental entity; and''; and (2) in subparagraph (D), by striking ``subparagraph (B) or (C)'' and inserting ``subparagraph (A), (B), or (C), including any entity in which any entity described in any such subparagraph owns a controlling interest''. (e) Short Title.-- (1) Amendment.--Section 1 of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by striking ``Iran Nonproliferation Act of 2000'' and inserting ``Iran and Syria Nonproliferation Act''. (2) References.--Any reference in a law, regulation, document, or other record of the United States to the Iran Nonproliferation Act of 2000 shall be deemed to be a reference to the Iran and Syria Nonproliferation Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Iran Nonproliferation Amendments Act of 2005 - Amends the Iran Nonproliferation Act of 2000 to state that the definition of \"extraordinary payments in connection with the International Space Station\" does not mean payments in cash or in kind made or to be made by the U.S. government prior to January 1, 2012, for work to be performed or services to be rendered prior to that date necessary to meet U.S. obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto. (Under such Act the United States is prohibited from making such payments to the Russian Aviation and Space Agency unless specified determinations are made with respect to Russian cooperation in preventing proliferation to Iran, or to a foreign person identified as contributing to proliferation to Iran.) Prohibits any U.S. agency from making extraordinary payments and any other payments (currently, such prohibition is limited to extraordinary payments) in connection with the International Space Station to a foreign person subject to specified measures under such Act or Executive Order No. 12938. Directs the President to submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report that identifies each Russian entity or person to whom the United States has, since the date of enactment of this Act, made a cash or in-kind payment under the Agreement. Requires such report to include: (1) the purpose of each payment; and (2) with respect to each such payment, an assessment that the payment was not prejudicial to preventing the proliferation of ballistic or cruise missile systems in Iran and other countries that have supported acts of international terrorism. Applies the provisions of such Act to: (1) Syria with respect to transfers on or after January 1, 2005; and (2) transfers to or from such countries (currently, limited to transfers to Iran). Redefines \"foreign person\" or \"person\" to include any foreign government or government entity (currently, any governmental entity operating as a business enterprise). Retitles the Iran Nonproliferation Act of 2002 as the Iran and Syria Nonproliferation Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Union Integrity Act''. SEC. 2. WHISTLEBLOWER PROTECTION FOR UNION EMPLOYEES. The Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.) is amended-- (1) by redesignating section 611 (29 U.S.C. 531) as section 612; and (2) by inserting after section 610 (29 U.S.C. 530), the following new section: ``whistleblower protection for union employees ``Sec. 611. (a) In General.--No labor organization shall terminate or in any other way discriminate against, or cause to be terminated or discriminated against, any covered employee of the labor organization by reason of the fact that such employee, whether at the initiative of the employee or in the ordinary course of the duties of the employee (or any person acting pursuant to a request of the employee), has-- ``(1) provided, caused to be provided, or is about to provide or cause to be provided, information to the labor organization, the Department of Labor, or any other State, local, or Federal government authority or law enforcement agency relating to any violation of, or any act or omission that the employee reasonably believes to be a violation of, any provision of this Act or any other provision of law that is subject to the jurisdiction of the Department of Labor, the National Labor Relations Board, or any rule, order, standard, or prohibition prescribed by the Department of Labor or the National Labor Relations Board; ``(2) testified or will testify in any proceeding resulting from the administration or enforcement of any provision of this Act or any other provision of law that is subject to the jurisdiction of the Department of Labor or National Labor Relations Board, or any rule, order, standard, or prohibition prescribed by the Department of Labor or the National Labor Relations Board; ``(3) filed, instituted, or caused to be filed or instituted any proceeding under this Act; or ``(4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any law, rule, order, standard, or prohibition, subject to the jurisdiction of, or enforceable by, the Department of Labor or the National Labor Relations Board. ``(b) Definition of Covered Employee.--For the purposes of this section, the term `covered employee' means any employee of a labor organization who receives financial compensation for his or her services to the labor organization, including officers of the labor organization. ``(c) Procedures and Timetables.-- ``(1) Complaint.-- ``(A) In general.--A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination and identifying the person responsible for such act. Such a complaint must be filed not later than either-- ``(i) 180 days after the date on which such alleged violation occurs; or ``(ii) 180 days after the conclusion of any internal appeals, review, or other judicial or investigative process conducted by the labor organization employing such person. ``(B) Actions of secretary of labor.--Upon receipt of such a complaint, the Secretary of Labor shall notify, in writing, the person named in the complaint who is alleged to have committed the violation, of-- ``(i) the filing of the complaint; ``(ii) the allegations contained in the complaint; ``(iii) the substance of evidence supporting the complaint; and ``(iv) opportunities that will be afforded to such person under paragraph (2). ``(2) Investigation by secretary of labor.-- ``(A) In general.--Not later than 60 days after the date of receipt of a complaint filed under paragraph (1), and after affording the complainant and the person named in the complaint who is alleged to have committed the violation that is the basis for the complaint an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet with a representative of the Secretary of Labor to present statements from witnesses, the Secretary of Labor shall-- ``(i) initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit; and ``(ii) notify the complainant and the person alleged to have committed the violation of subsection (a), in writing, of such determination. ``(B) Notice of relief available.--If the Secretary of Labor concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary of Labor shall, together with the notice under subparagraph (A)(ii), issue a preliminary order providing the relief prescribed by paragraph (4)(B). ``(C) Request for hearing.--Not later than 30 days after the date of receipt of notification of a determination of the Secretary of Labor under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously, and if a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review. ``(3) Grounds for determination of complaints.-- ``(A) In general.--The Secretary of Labor shall dismiss a complaint filed under this subsection, and shall not conduct an investigation otherwise required under paragraph (2), unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. ``(B) Rebuttal evidence.--Notwithstanding a finding by the Secretary of Labor that the complainant has made the showing required under subparagraph (A), no investigation otherwise required under paragraph (2) shall be conducted, if the labor organization demonstrates, by clear and convincing evidence, that the labor organization would have taken the same unfavorable personnel action in the absence of that behavior. ``(C) Evidentiary standards.--The Secretary of Labor may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. Relief may not be ordered under subparagraph (A) if the labor organization demonstrates by clear and convincing evidence that the labor organization would have taken the same unfavorable personnel action in the absence of that behavior. ``(4) Issuance of final orders; review procedures.-- ``(A) Timing.--Not later than 120 days after the date of conclusion of any hearing under paragraph (2), the Secretary of Labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary of Labor, the complainant, and the person alleged to have committed the violation. ``(B) Penalties.-- ``(i) Order of secretary of labor.--If, in response to a complaint filed under paragraph (1), the Secretary of Labor determines that a violation of subsection (a) has occurred, the Secretary of Labor shall order the person who committed such violation-- ``(I) to take affirmative action to abate the violation; ``(II) to reinstate the complainant to his or her former position, together with compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and ``(III) to provide compensatory damages to the complainant. ``(ii) Penalty.--If an order is issued under clause (i), the Secretary of Labor, at the request of the complainant, shall assess against the person against whom the order is issued, a sum equal to the aggregate amount of all costs and expenses (including attorney fees and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. ``(C) Penalty for frivolous claims.--If the Secretary of Labor finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary of Labor may award to the prevailing labor organization a reasonable attorney fee, not exceeding $1,000, to be paid by the complainant. ``(D) De novo review.-- ``(i) Failure of the secretary to act.--If the Secretary of Labor has not issued a final order within 210 days after the date of filing of a complaint under this subsection, or within 90 days after the date of receipt of a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States having jurisdiction, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury. ``(ii) Procedures.--A proceeding under clause (i) shall be governed by the same legal burdens of proof specified in paragraph (3). The court shall have jurisdiction to grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages, including-- ``(I) reinstatement with the same seniority status that the employee would have had, but for the discharge or discrimination; ``(II) the amount of back pay, with interest; and ``(III) compensation for any special damages sustained as a result of the discharge or discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. ``(E) Other appeals.--Unless the complainant brings an action under subparagraph (D), any person adversely affected or aggrieved by a final order issued under subparagraph (A) may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation, not later than 60 days after the date of the issuance of the final order of the Secretary of Labor under subparagraph (A). Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order. An order of the Secretary of Labor with respect to which review could have been obtained under this subparagraph shall not be subject to judicial review in any criminal or other civil proceeding. ``(5) Failure to comply with order.-- ``(A) Actions by the secretary.--If any person has failed to comply with a final order issued under paragraph (4), the Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to have occurred, or in the United States district court for the District of Columbia, to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including injunctive relief and compensatory damages. ``(B) Civil actions to compel compliance.--A person on whose behalf an order was issued under paragraph (4) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. ``(C) Award of costs authorized.--The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. ``(D) Mandamus proceedings.--Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. ``(d) Limitation of Preemption.--Nothing in this Act shall be construed-- ``(1) to limit the ability of members of a labor organization to remove their elected or appointed officials through a democratic election conducted among such members; or ``(2) to preempt a State or local government from providing additional protections to employees of labor organizations who allege violations of subsection (a), provided that such protections do not limit the ability of members of a labor organization to remove their elected or appointed officials through a democratic ballot. ``(e) Unenforceability of Certain Agreements.-- ``(1) No waiver of rights and remedies.--Notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. ``(2) No predispute arbitration agreements.-- Notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that it requires arbitration of a dispute arising under this section.''.", "summary": "Union Integrity Act Amends the Labor-Management Reporting and Disclosure Act of 1959 to prescribe whistleblower protections that prohibit a labor organization from discriminating against any of its employees who has: (1) provided information to the labor organization, the Department of Labor, or any other state, local, or federal government authority or law enforcement agency regarding any violation of the Act or any Department or National Labor Relations Board (NLRB) order; (2) testified in any Department or NLRB administrative or enforcement proceeding; (3) filed or instituted any such proceeding; or (4) refused to perform an assigned task that the employee reasonably believed to be in violation of any law, order, or prohibition enforced by the Department or the NLRB. Prescribes procedures for filing and processing complaints for violations of this Act. Declares that nothing in this Act shall be construed to: (1) limit employees to remove elected or appointed union officials through a democratic election; or (2) preempt a state or local government from providing additional protections to such employees who allege a violation, provided such protections do not limit the ability of those employees to remove such officials through a democratic ballot."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Outside Audit of the Indian Health Service Act of 2017''. SEC. 2. INDEPENDENT OUTSIDE AUDIT OF THE INDIAN HEALTH SERVICE. (a) Definitions.--In this section: (1) Reputable private entity.--The term ``reputable private entity'' means a private entity that-- (A) has experience with, and proven outcomes in optimizing the performance of, Federal health care delivery systems, the private sector, and health care management; and (B) specializes in implementing large-scale organizational and cultural transformations, especially with respect to health care delivery systems. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (3) Service.--The term ``Service'' means the Indian Health Service. (b) Assessment.--Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into one or more contracts with a reputable private entity to conduct an independent assessment of the health care delivery systems and financial management processes of the Service. (c) Program Integrator.-- (1) In general.--If the Secretary enters into contracts under this section with more than 1 reputable private sector entity, the Secretary shall designate one such entity that is predominantly a health care organization as the program integrator. (2) Responsibilities.--The program integrator designated under paragraph (1) shall be responsible for coordinating the outcomes of the assessments conducted by the reputable private entities under this section. (d) Areas of Study.--Each assessment conducted under subsection (b) shall address each of the following: (1) Current and projected demographics and unique health care needs of the patient population served by the Service. (2) Current and projected health care capabilities and resources of the Service, including hospital care, medical services, and other health care furnished by non-Service facilities under contract with the Service, to provide timely and accessible care to eligible patients. (3) The authorities and mechanisms under which the Secretary may furnish hospital care, medical services, and other health care at non-Service facilities, including whether it is recommended that the Secretary have the authority to furnish such care and services at such facilities through the completion of episodes of care. (4) The appropriate systemwide access standard applicable to hospital care, medical services, and other health care furnished by and through the Service, including an identification of appropriate access standards for each individual specialty and post-care rehabilitation. (5) The workflow process at each medical facility of the Service for scheduling appointments to receive hospital care, medical services, or other health care from the Service. (6) The organization, workflow processes, and tools used by the Service to support clinical staffing, access to care, effective length-of-stay management and care transitions, positive patient experience, accurate documentation, and subsequent coding of inpatient services. (7) The staffing level at each medical facility of the Service and the productivity of each health care provider at such medical facility, compared with health care industry performance metrics, which may include an assessment of any of the following: (A) The case load of, and number of patients treated by, each health care provider at such medical facility during an average week. (B) The time spent by such health care provider on matters other than the case load of such health care provider. (C) The amount of personnel used for administration compared with direct health care in the Service being comparable to the amount used for administration compared with direct health care in private health care institutions. (D) The allocation of the budget of the Service used for administration compared with the allocation of the budget used for direct health care at Service- operated facilities. (E) Any vacancies in positions of full-time equivalent employees that the Service-- (i) does not intend to fill; or (ii) has not filled during the 12-month period beginning on the date on which the position became vacant. (F) The disposition of amounts budgeted for full- time equivalent employees that is not used for those employees because the positions of the employees are vacant, including-- (i) whether the amounts are redeployed; and (ii) if the amounts are redeployed, how the redeployment is determined. (G) With respect to the approximately 3,700 Medicaid-reimbursable full-time equivalent employees of the Service-- (i) the number of those employees who are certified coders; and (ii) whether that number of employees is necessary. (8) The information technology strategies of the Service with respect to furnishing and managing health care, including an identification of any weaknesses and opportunities with respect to the technology used by the Service, especially those strategies with respect to clinical documentation of episodes of hospital care, medical services, and other health care, including any clinical images and associated textual reports, furnished by the Service in Service or non-Service facilities. (9) Business processes of the Service, including processes relating to furnishing non-Service health care, insurance identification, third-party revenue collection, and vendor reimbursement, including an identification of mechanisms as follows: (A) To avoid the payment of penalties to vendors. (B) To increase the collection of amounts owed to the Service for hospital care, medical services, or other health care provided by the Service for which reimbursement from a third party is authorized and to ensure that such amounts collected are accurate. (C) To increase the collection of any other amounts owed to the Service with respect to hospital care, medical services, and other health care and to ensure that such amounts collected are accurate. (D) To increase the accuracy and timeliness of Service payments to vendors and providers. (10) The purchasing, distribution, and use of pharmaceuticals, medical and surgical supplies, medical devices, and health care related services by the Service, including the following: (A) The prices paid for, standardization of, and use by the Service of, the following: (i) Pharmaceuticals. (ii) Medical and surgical supplies. (iii) Medical devices. (B) The use by the Service of group purchasing arrangements to purchase pharmaceuticals, medical and surgical supplies, medical devices, and health care related services. (C) The strategy and systems used by the Service to distribute pharmaceuticals, medical and surgical supplies, medical devices, and health care related services to medical facilities of the Service. (11) The process of the Service for carrying out construction and maintenance projects at medical facilities of the Service and the medical facility leasing program of the Service, including-- (A) whether the maintenance budget is updated or increased to reflect increases in maintenance costs with the addition of new facilities and whether any increase is sufficient to support the growth of the facilities; and (B) what the process is for facilities that reach the end of their proposed life cycle. (12) The competency of leadership with respect to culture, accountability, reform readiness, leadership development, physician alignment, employee engagement, succession planning, and performance management, including-- (A) the reasons for a lack in transparency in the culture of the Service, leading tribal leadership to request increased transparency and more open communication between the Service and the people served by the Service; and (B) whether any checks and balances exist to assess potential fraud or misuse of amounts within the Service. (13) The lack of a funding formula to distribute base funding to the 12 Service areas, including the following: (A) The establishment of the current process of funding being distributed based on historical allocations and not on need such as population growth, number of facilities, etc. (B) How the implementation of self-governance policies has impacted health care delivery. (C) The communication to area office directors on distribution decisionmaking. (D) How the tribal and residual shares are determined for each Indian tribe and the amounts of those shares. (E) The auditing or evaluation process used by the Service to determine whether amounts are distributed and expended appropriately, including-- (i) whether periodic or end-of-year records document the actual distributions; and (ii) whether any auditing or evaluation is conducted in accordance with generally accepted accounting principles or other appropriate practices. (14) Whether the Service tracks patients eligible for two or more of either the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), health care received through the Service, or any other Federal health care program (referred to in this section as ``dual eligible patients''). If so, how dual eligible patients are managed. (15) The number of procurement contracts entered into and awards made by the Service under section 23 of the Act of June 25, 1910 (commonly known as the ``Buy Indian Act'') (25 U.S.C. 47), and a comparison of that number, with-- (A) the total number of procurement contracts entered into and awards made by the Service during the 5 fiscal years prior to the date of enactment of this Act; and (B) the process used by the Service facilities to ensure compliance with section 23 of the Act of June 25, 1910 (commonly known as the ``Buy Indian Act'') (25 U.S.C. 47). (16) Any other items the reputable private entity determines should be addressed in the independent assessment of the Service. (e) Report on Assessment.-- (1) Submission to secretary.--Not later than 240 days after the date a contract is entered into under subsection (b), the entity carrying out the assessment under the contract shall-- (A) complete the assessment; and (B) submit to the Secretary a report describing the findings and recommendations of the entity with respect to the assessment. (2) Submission to congress.--Immediately on receipt of the report under paragraph (1)(B), the Secretary shall submit the report to-- (A) the appropriate committees of Congress, including-- (i) the Committee on Appropriations of the Senate; and (ii) the Committee on Appropriations of the House of Representatives; (B) the Majority Leader of the Senate; (C) the Minority Leader of the Senate; (D) the Speaker of the House of Representatives; and (E) the Minority Leader of the House of Representatives. (3) Publication.--Not later than 30 days after receiving the report under paragraph (1)(B), the Secretary shall publish such report in the Federal Register and on an Internet website of the Service that is accessible to the public. (f) Funding.--The Secretary shall use, to carry out this section, such amounts as are necessary from other amounts available to the Secretary that are not otherwise obligated.", "summary": "Independent Outside Audit of the Indian Health Service Act of 2017 This bill requires the Department of Health and Human Services to contract with private entities to assess the health care delivery systems and financial management of the Indian Health Service (IHS). The assessment must address IHS issues including: the demographics and health care needs of the patient population, health care capabilities and resources, staffing levels at medical facilities and the productivity of each health care provider, information technology strategies related to providing health care, business processes, the competency of leadership regarding specified issues, tracking patients eligible for other federal health care programs, and the number of procurement contracts and awards under the Buy Indian Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraq Strategic Agreement Review Act of 2008''. SEC. 2. DEFINITION. In this Act, the term ``long-term security, economic, or political agreement with the Government of Iraq'' means any agreement or commitment of more than one year, which is made by the President or any officer, employee, or representative of the executive branch of the Government of the United States with the Government of Iraq that includes-- (1) the basing of the Armed Forces of the United States within the territory of Iraq; (2) defending Iraq's system of government from internal and external threats; (3) providing security assurances and commitments to deter foreign aggression against Iraq; (4) the military training or equipping of the Iraqi Security Forces; (5) economic, monetary, material and technical commerce, and arrangements; or (6) diplomatic and political understandings. SEC. 3. FINDINGS. Congress finds the following: (1) Under Article I of the Constitution of the United States, the Congress has the power to provide for the common defense, to regulate commerce with foreign nations, to raise, support, provide, and maintain the military, and to make rules for the Government and regulation of the military. (2) Under Article II of the Constitution of the United States, the President is the Commander in Chief of the military and has the power to receive Ambassadors and other public ministers. (3) Under Article II of the Constitution of the United States, the President has the right to make treaties by and with the advice and consent of two-thirds of the Senate. (4) The North Atlantic Treaty, which created the North Atlantic Treaty Organization (NATO), entered into force on August 24, 1949, after approval by the Senate with each protocol providing for the accession of an additional country approved by the Senate. (5) The Mutual Defense Treaty between the United States and South Korea, which established a long-term United States military presence on the Korean peninsula, entered into force on November 17, 1954, after approval by the Senate. (6) The Treaty of Mutual Cooperation and Security between the United States and Japan, which established a long-term United States military presence in Japan, entered into force on June 23, 1960, after approval by the Senate. (7) On June 1, 2007, Secretary of Defense Robert Gates discussed a ``long and enduring presence'' in Iraq of which the ``Korea model'' and the ``security relationship that we have with Japan'' are examples. (8) On November 26, 2007, President George W. Bush and Iraqi Prime Minister Nouri al-Maliki signed a ``Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America'', outlining the parameters for negotiation of a long-term relationship in the security, economic, political, diplomatic, and cultural spheres. (9) The Declaration of Principles include, ``supporting the Republic of Iraq in defending its democratic system against internal and external threats'', ``providing security assurances and commitments to the Republic of Iraq to deter foreign aggression against Iraq'', and ``supporting the Republic of Iraq in training, equipping, and arming the Iraqi Security Forces''. (10) On November 26, 2007, Assistant to the President and Deputy National Security Advisor for Iraq and Afghanistan, Lieutenant General Douglas E. Lute, stated that he does not ``anticipate now that these negotiations [under the Declaration of Principles] will lead to the status of a formal treaty which would then bring us to formal negotiations or formal inputs from the Congress''. (11) On November 26, 2007, Assistant to the President and Deputy National Security Advisor for Iraq and Afghanistan, Lieutenant General Douglas E. Lute, further stated that the ``target'' to conclude negotiations is July 2008. SEC. 4. CONSULTATIONS WITH CONGRESS. (a) Consultations.-- (1) In general.--Immediately upon the date of the enactment of this Act, the Secretary of State, the Secretary of Defense, and any other necessary officer, employee, or representative of the executive branch of the Government of the United States shall commence consultations with the congressional committees and leadership described in paragraph (2) on any potential long-term security, economic, or political agreement with the Government of Iraq. (2) Congressional committees and leadership described.--The congressional committees and leadership referred to in paragraph (1) are-- (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; (B) the Speaker, majority leader, and minority leader of the House of Representatives and majority leader and minority leader of the Senate; and (C) any other congressional committee, Senator, or Member of the House of Representatives that requests consultations under paragraph (1). (b) Framework.--Consultations required under subsection (a) shall include full and complete transparency of all security, economic, political, and other arrangements under consideration for the agreement. (c) Timeframe.--Consultations required under subsection (a) shall continue throughout the period of negotiations with the Government of Iraq to conclude the agreement. SEC. 5. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) full Iraqi sovereignty over its territories, waters, and airspace, and Iraqi control over its armed forces and administrative institutions is in the national interest of the United States; and (2) any long-term security, economic, or political agreement with the Government of Iraq that is not in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States does not have the force and effect of law. SEC. 6. LIMITATION ON THE USE OF FUNDS. No funds made available by any Act of Congress shall be obligated or expended for the implementation of any long-term security, economic, or political agreement with the Government of Iraq unless the agreement is in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States.", "summary": "Iraq Strategic Agreement Review Act of 2008 - Directs the Secretary of State, the Secretary of Defense, and any other necessary representative of the executive branch of the U.S. government to begin consultations with the appropriate congressional committees and leadership on any potential long-term security, economic, or political agreement (agreement) with the government of Iraq. Expresses the sense of the Congress that: (1) full Iraqi sovereignty is in the U.S. national interest; and (2) any agreement that is not in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States does not have the force and effect of law. Prohibits obligating or expending funds for the implementation of any agreement with the government of Iraq unless the agreement is in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Serving Everyone with Reliable, Vital Internet, Communications, and Education Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) Today's telecommunications market offers consumers an array of social, economic, and educational communications. (2) Communications today also offer Americans better access to emergency assistance. (3) It is essential to the Nation's continued progress for all sectors of the population to have adequate access to telecommunications. America must work to reduce and ultimately eliminate the harmful technological divide. (4) The Congress reaffirms the Nation's public policy commitment to providing universal service. All consumers should have access to high-quality telecommunications services at affordable rates. SEC. 3. UNIVERSAL SERVICE. Subsection (j) of section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended to read as follows: ``(j) Lifeline Assistance; Link Up America.-- ``(1) Purposes.--The purposes of this subsection are-- ``(A) to advance universal service; and ``(B) to ensure that high-quality telecommunications services and other evolving telecommunication technologies, such as Internet access and broadband services, are available to low-income consumers at just, reasonable, and affordable rates. ``(2) Continuation and expansion of programs.--For the purposes described in paragraph (1), the Commission-- ``(A) shall continue in effect the Lifeline Assistance Program and the Link Up Program; and ``(B) expand such programs under paragraph (3). ``(3) Expansion.--The Commission shall expand the assistance provided through the Lifeline Assistance Program and the Link Up Program by allowing low-income consumers participating in such programs to choose to use such assistance for any one of the following: ``(A) Wire or wireless telephone service. ``(B) Internet access service. ``(C) Wire or wireless broadband service. ``(D) Any evolving technology the Commission deems consistent with the purposes described in paragraph (1). ``(4) Rule of construction.--This subsection shall not be construed-- ``(A) to affect any program under this section other than the Lifeline Assistance Program or the Link Up Program; or ``(B) except as inconsistent with the provisions of this subsection, to affect the authority of the Commission to make modifications to the Lifeline Assistance Program or the Link Up Program. ``(5) Definitions.--In this subsection: ``(A) The term `broadband service' means high-speed Internet access service-- ``(i) offering integrated access to voice communications, high-speed data service, video- demand services, and interactive delivery services; and ``(ii) transmitting data at speeds exceeding 200 kilobits per second, in at least one direction, from the user's computer to the Internet or from the Internet to the user's computer. ``(B) The term `Lifeline Assistance Program' means the Lifeline Assistance Program provided for by the Commission under subpart E of title 47, Code of Federal Regulations (and any related or successor regulations). ``(C) The term `Link Up Program' means the Link Up Program provided for by the Commission under subpart E of title 47, Code of Federal Regulations (and any related or successor regulations).''. SEC. 4. STUDY. (a) Study.--Not later than May 1, 2008, the Federal Communications Commission shall conduct a study and submit a report to the Congress on the following: (1) The necessary benefit level for a household participating in the Lifeline Assistance Program or the Link Up Program which will encourage low-income consumers to seek broadband service. (2) Projections on the potential of new broadband service consumers who would seek this service if economically accessible. (3) Industry requirements to provide broadband service access in underserved areas. (4) Data that accurately illustrates the extent of current deployment of broadband service to residential users. (5) Policy proposals conducive to addressing gaps in broadband service availability. (b) Definitions.--In this section, the terms ``broadband service'', ``Lifeline Assistance Program'', and ``Link Up Program'' have the meanings given to those terms in section 254(j) of the Communications Act of 1934, as amended by section 3 of this Act.", "summary": "Serving Everyone with Reliable, Vital Internet, Communications, and Education Act of 2007 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to expand the Lifeline Assistance Program and the Link Up Program. Requires a report to Congress on the benefit level for the programs that will encourage low-income consumers to seek broadband service, projections on potential broadband consumers if the service was economically feasible, industry requirements to provide broadband service in underserved areas, and policy proposals regarding gaps in broadband availability."}
{"article": "SECTION 1. SHORT TITLE; AMENDMENT OF CODE. (a) Short Title.--This Act may be cited as the ``Business Relief and Incentives for Small Entrepreneurs Act of 2007'' or the ``Business RAISE Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR CERTAIN IMPROVEMENTS TO RETAIL SPACE AND FOR QUALIFIED NEW RESTAURANT IMPROVEMENTS. (a) Recovery Period for Depreciation of Certain Improvements to Retail Space.-- (1) 15-year recovery period.--Section 168(e)(3)(E) (relating to 15-year property) is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and inserting ``, and'', and by adding at the end the following new clause: ``(ix) any qualified retail improvement property placed in service before January 1, 2008.''. (2) Qualified retail improvement property.--Section 168(e) is amended by adding at the end the following new paragraph: ``(8) Qualified retail improvement property.-- ``(A) In general.--The term `qualified retail improvement property' means any improvement to an interior portion of a building which is nonresidential real property if-- ``(i) such portion is open to the general public and is used in the trade or business of selling tangible personal property or services to the general public; and ``(ii) such improvement is placed in service more than 3 years after the date the building was first placed in service. ``(B) Certain improvements not included.--Such term shall not include any improvement for which the expenditure is attributable to-- ``(i) the enlargement of the building, ``(ii) any elevator or escalator, or ``(iii) the internal structural framework of the building.''. (3) Requirement to use straight line method.--Section 168(b)(3) is amended by adding at the end the following new subparagraph: ``(I) Qualified retail improvement property described in subsection (e)(8).''. (4) Alternative system.--The table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (E)(viii) the following new item: ``(E)(ix).................................................. 39''. (5) Effective date.--The amendments made by this section shall apply to qualified retail improvement property placed in service after the date of the enactment of this Act. (b) Modification of Treatment of Qualified Restaurant Property as 15-Year Property for Purposes of Depreciation Deduction.-- (1) Treatment to include new construction.--Paragraph (7) of section 168(e) (relating to classification of property) is amended to read as follows: ``(7) Qualified restaurant property.--The term `qualified restaurant property' means any section 1250 property which is a building or an improvement to a building if more than 50 percent of the building's square footage is devoted to preparation of, and seating for on-premises consumption of, prepared meals.''. (2) Effective date.--The amendment made by this subsection shall apply to any property placed in service after the date of the enactment of this Act. SEC. 3. WORK OPPORTUNITY TAX CREDIT. (a) Expansion of Eligibility to All Disabled Veterans.--Section 51(d)(3)(A) is amended-- (1) by striking ``who is certified'' and inserting the following: ``who-- ``(i) is certified''; and (2) by striking the period at the end and inserting the following: ``; or ``(ii) has a disability rating under section 1155 of title 38, United States Code, of not less than 10 percent.''. (b) Publication and Administration of Expanded Tax Credit.-- (1) In general.--The Secretary of Labor shall-- (A) publicize the expansion of the work opportunity tax credit under subsection (a); and (B) provide technical assistance to employers desiring to take advantage of the tax credit. (2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of Labor $2,500,000 for each of fiscal years 2008 through 2012 to carry out paragraph (1). (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for employers after the date of the enactment of this Act.", "summary": "Business Relief and Incentives for Small Entrepreneurs Act of 2007 or the Business RAISE Act - Amends the Internal Revenue Code to: (1) allow accelerated depreciation (i.e., 15-year recovery period) of qualified retail improvement property (defined as any improvement to the interior portion of any nonresidential building used in the trade or business of selling retail goods or services to the general public) placed in service before January 1, 2008; (2) allow new improvements to restaurant property to qualify for accelerated depreciation; and (3) expand the eligibility of certain disabled veterans for employment under the work opportunity tax credit."}
{"article": "SECTION 1. MODIFICATION OF REFINED COAL CREDIT TO INCLUDE QUALIFIED COAL WASTE SLUDGE RECYCLING. (a) In General.--Section 45 of the Internal Revenue Code of 1986 (relating to electricity produced from certain renewable resources, etc.) is amended-- (1) in subsection (b)(2) by inserting ``the $3.00 amount in subsection (e)(8)(B),'' after ``the $4.375 amount in subsection (e)(8)(A),'', (2) in subsection (b)(2) by striking ``subsection (e)(8)(B)(i)'' and inserting ``subsection (e)(8)(C)(i)'', (3) in subsection (c)(7) by adding at the end the following: ``(C) Refined coal from a qualified coal waste sludge recycling process.--Refined coal shall also include, without regard to subparagraphs (A) and (B) hereof, a solid fuel produced from a qualified coal waste sludge recycling process.'', (4) in subsection (d)(8) by striking ``2009.'' and inserting ``2009, or in the case of a facility that uses a qualified coal waste sludge recycling process, a facility that was placed in service not later than one year after the date of enactment of the credit under this section for refined coal from a qualified coal waste sludge recycling process. For purposes of this subsection, a qualified coal waste sludge recycling facility shall be treated as placed in service when such facility is in place and functioning to process coal with coal waste sludge. A `qualified coal waste sludge recycling facility' includes a plant, comprised of one or more batch tanks and/or one or more storage tanks, steam and spray pipes, processing pumps, variable speed drives, a flowmeter and related electrical equipment, that processes coal and liquefied coal waste sludge.'', (5) in subsection (e)(8)(A) by inserting ``(other than refined coal from a qualified coal waste sludge recycling process)'' after ``refined coal'' the first place it appears, (6) in subsection (e)(8) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Availability and determination of credit amount for refined coal from a qualified coal waste sludge recycling process.--In the case of a producer of refined coal from a qualified coal waste sludge recycling process, there shall be allowed a credit for the taxable year under this section of $3.00 per barrel-of-oil equivalent of refined coal from a qualified coal waste sludge recycling process-- ``(i) produced by the taxpayer at a facility using a refined coal from qualified coal waste sludge recycling process during the period beginning on the date of enactment of this subparagraph and ending on the date that is four years from the later of the first day of the fifth full month after the date of enactment of this subparagraph or its placed- in-service date, and ``(ii) sold by the taxpayer-- ``(I) to an unrelated person, and ``(II) during such period and taxable year. For purposes of the preceding sentence, barrel- of-oil equivalent is the amount of refined coal from a qualified coal waste sludge recycling process that has a Btu content of 5.8 million.'', (7) in subsection (e)(8)(C), as redesignated by paragraph (6), by striking ``The amount'' and inserting ``Except for a facility producing refined coal from a qualified coal waste sludge recycling process, the amount'', (8) in subsection (e)(8), as amended by paragraph (6), by adding at the end the following new subparagraph: ``(E) Qualified coal waste sludge recycling process.-- ``(i) Definition.--For purposes of this section, a `qualified coal waste sludge recycling process' means a process using a facility to liquefy coal waste sludge and distribute the liquefied coal waste sludge on the coal to create a feedstock for the manufacture of coke. The term `coal waste sludge' means the tar decanter sludge and related byproducts of the coking process, including such materials that have been stored in ground, in tanks and in lagoons, that have been treated as hazardous wastes under applicable Federal environmental rules absent liquefaction and processing with coal into a feedstock for the manufacture of coke. The process liquefies coal waste sludge and distributes approximately one-quarter to one- half gallon of liquefied coal waste sludge per each ton of metallurgical coal. Liquefied coal waste sludge in excess of such amounts would have adverse effects on the operations and equipment of the coke batteries that use refined coal from a qualified coal waste sludge recycling process as a feedstock for coke. Coal waste sludge has an energy content ranging from 7,000 to 16,000 Btus per pound. ``(ii) Interaction between section 45 and section 45k; cross reference.--A taxpayer selling refined coal from a qualified coal waste sludge recycling process shall be entitled to a credit under this section for all such refined coal that meets the requirements of this section. The credit under this section shall be available notwithstanding the fact that such refined coal is purchased for use as a feedstock for coke by a taxpayer that has previously claimed credits under section 45K for the production of coke or coke gas. For rules applicable to taxpayers producing coke or coke gas from refined coal from a qualified coal waste sludge recycling process, see section 45K(h).'', and (9) in subsection (e)(9)(B) by striking ``The term'' and inserting ``Except for a facility producing refined coal from a qualified coal waste sludge recycling process, the term''. (b) No Double Benefit; Cross Reference.--Section 45K of such Code is amended by adding at the end the following new subsection: ``(h) No Double Benefit; Cross Reference.--No credit shall be allowed under this section for coke or coke gas manufactured from refined coal from a qualified coal waste sludge recycling process (as defined by section 45(e)(8)(E)(i)) for which credits have been claimed under section 45; provided that taxpayers may claim the credit under this section for coke or coke gas produced from feedstocks for which a refined coal credit under section 45 has not been claimed. For rules governing the interaction of section 45 and this section that are applicable to taxpayers producing refined coal from a qualified coal waste sludge recycling process, see section 45(e)(8)(E)(ii).''. (c) Effective Date.--The amendments made by this Act shall apply to refined coal produced after the date of enactment of this Act.", "summary": "Amends the Internal Revenue Code to expand the definition of \"refined coal\" for purposes of the tax credit for electricity produced from certain renewable resources to include coal produced from a qualified coal waste sludge recycling process. Defines \"qualified coal waste sludge recycling process\" as a process using a facility to liquefy coal waste sludge and distribute the liquefied coal waste sludge on the coal to create a feedstock for the manufacture of coke."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Coordination And Resource Empowerment Act'' or the ``Community CARE Act''. SEC. 2. EXTENSION FOR COMMUNITY HEALTH CENTERS. (a) Community Health Centers Funding.--Section 10503(b)(1)(E) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b- 2(b)(1)(E)) is amended by striking ``2017'' and inserting ``2019''. (b) Other Community Health Centers Provisions.--Section 330 of the Public Health Service Act (42 U.S.C. 254b) is amended-- (1) in subsection (b)(1)(A)(ii), by striking ``abuse'' and inserting ``use disorder''; (2) in subsection (b)(2)(A), by striking ``abuse'' and inserting ``use disorder''; (3) in subsection (c)-- (A) by striking subparagraphs (B) through (D); (B) by striking ``(1) In general'' and all that follows through ``The Secretary'' and inserting the following: ``(1) Centers.--The Secretary''; and (C) in such paragraph (1), as amended, by redesignating clauses (i) through (v) as subparagraphs (A) through (E) and moving the margin of each of such redesignated subparagraph 2 ems to the left; (4) by striking subsection (d) and inserting the following: ``(d) Improving Quality of Care.-- ``(1) Supplemental awards.--The Secretary may award supplemental grant funds to health centers funded under this section to implement evidence-based models for increasing access to high-quality primary care services, which may include models related to-- ``(A) improving the delivery of care for individuals with multiple chronic conditions; ``(B) workforce configuration; ``(C) reducing the cost of care; ``(D) enhancing care coordination; ``(E) expanding the use of telehealth and technology enabled collaborative learning and capacity building models; ``(F) care integration, including integration of behavioral health, mental health, or substance use disorder services; and ``(G) addressing emerging public health or substance use disorder issues to meet the health needs of the population served by the health center. ``(2) Sustainability.--In making supplemental awards under this subsection, the Secretary may consider whether the health center involved has submitted a plan for continuing the activities funded under this subsection after supplemental funding is expended. ``(3) Special consideration.--The Secretary may give special consideration to applications for supplemental funding under this subsection that seek to address significant barriers to access to care in areas with a greater shortage of health care providers and health services relative to the national average.''; (5) in subsection (e)(1)-- (A) in subparagraph (B)-- (i) by striking ``2 years'' and inserting ``1 year''; and (ii) by adding at the end the following: ``The Secretary shall not make a grant under this paragraph unless the applicant provides assurances to the Secretary that within 120 days of receiving grant funding for the operation of the health center, the applicant will submit, for approval by the Secretary, an implementation plan to meet the requirements of subsection (l)(3). The Secretary may extend such 120-day period for achieving compliance upon a demonstration of good cause by the health center.''; and (B) in subparagraph (C)-- (i) in the subparagraph heading, by striking ``and plans''; (ii) by striking ``or plan (as described in subparagraphs (B) and (C) of subsection (c)(1))''; (iii) by striking ``or plan, including the purchase'' and inserting the following: ``including-- ``(i) the purchase''; (iv) by inserting ``, which may include data and information systems'' after ``of equipment''; (v) by striking the period at the end and inserting a semicolon; and (vi) by adding at the end the following: ``(ii) the provision of training and technical assistance; and ``(iii) other activities that-- ``(I) reduce costs associated with the provision of health services; ``(II) improve access to, and availability of, health services provided to individuals served by the centers; ``(III) enhance the quality and coordination of health services; or ``(IV) improve the health status of communities.''; (6) in subsection (e)(5)(B), by striking ``and subparagraphs (B) and (C) of subsection (c)(1) to a health center or to a network or plan'' and inserting ``to a health center''; (7) by striking subsection (s); (8) by redesignating subsections (g) through (r) as subsections (h) through (s), respectively; (9) by inserting after subsection (f), the following: ``(g) New Access Points and Expanded Services.-- ``(1) Approval of new access points.-- ``(A) In general.--The Secretary may approve applications for grants under subparagraph (A) or (B) of subsection (e)(1), subsection (h), subsection (i), and subsection (j) to establish new delivery sites. ``(B) Special consideration.--In carrying out subparagraph (A), the Secretary may give special consideration to applicants that have demonstrated the new delivery site will be located within a sparsely populated area, or an area which has a level of unmet need that is higher relative to other applicants. ``(C) Consideration of applications.--In carrying subparagraph (A), the Secretary shall approve applications for grants under subparagraphs (A) and (B) of subsection (e)(1) in such a manner that the ratio of the medically underserved populations in rural areas which may be expected to use the services provided by the applicants involved to the medically underserved populations in urban areas which may be expected to use the services provided by the applicants is not less than two to three or greater than three to two. ``(D) Service area overlap.--If in carrying out subparagraph (A) the applicant proposes to serve an area that is currently served by another health center funded under this section, the Secretary may consider whether the award of funding to an additional health center in the area can be justified based on the unmet need for additional services within the catchment area. ``(2) Approval of expanded service applications.-- ``(A) In general.--The Secretary may approve applications for grants under subparagraph (A) or (B) of subsection (e)(1) to expand the capacity of the applicant to provide required primary health services described in subsection (b)(1) or additional health services described in subsection (b)(2). ``(B) Priority expansion projects.--In carrying out subparagraph (A), the Secretary may give special consideration to expanded service applications that seek to address emerging public health or behavioral health, mental health, or substance abuse issues through increasing the availability of additional health services described in subsection (b)(2) in an area in which there are significant barriers to accessing care. ``(C) Consideration of applications.--In carrying out subparagraph (A), the Secretary shall approve applications for applicants in such a manner that the ratio of the medically underserved populations in rural areas which may be expected to use the services provided by the applicants involved to the medically underserved populations in urban areas which may be expected to use the services provided by such applicants is not less than two to three or greater than three to two.''; (10) in subsection (i) (as so redesignated)-- (A) in paragraph (1), by striking ``and children and youth at risk of homelessness'' and inserting ``, children and youth at risk of homelessness, homeless veterans, and veterans at risk of homelessness''; and (B) in paragraph (5)-- (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)-- (I) in the subparagraph heading, by striking ``abuse'' and inserting ``use disorder''; and (II) by striking ``abuse'' and inserting ``use disorder''; (11) in subsection (l) (as so redesignated)-- (A) in paragraph (2)-- (i) in the paragraph heading, by inserting ``unmet'' before ``need''; (ii) in the matter preceding subparagraph (A), by inserting ``and an application for a grant under subsection (g)'' after ``subsection (e)(1)''; (iii) in subparagraph (A), by inserting ``unmet'' before ``need for health services''; (iv) in subparagraph (B), by striking ``and'' at the end; (v) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (vi) by adding after subparagraph (C) the following: ``(D) in the case of an application for a grant pursuant to subsection (g)(1), a demonstration that the applicant has consulted with appropriate State and local government agencies, and health care providers regarding the need for the heath services to be provided at the proposed delivery site.''; (B) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by inserting ``or subsection (g)'' after ``subsection (e)(1)(B)''; (ii) in subparagraph (B), by striking ``in the catchment area of the center'' and inserting ``, including other health care providers that provide care within the catchment area, local hospitals, and specialty providers in the catchment area of the center, to provide access to services not available through the health center and to reduce the non-urgent use of hospital emergency departments''; (iii) in subparagraph (H)(ii), by inserting ``who shall be directly employed by the center'' after ``approves the selection of a director for the center''; (iv) in subparagraph (L), by striking ``and'' at the end; (v) in subparagraph (M), by striking the period and inserting ``; and''; and (vi) by inserting after subparagraph (M), the following: ``(N) the center has written policies and procedures in place to ensure the appropriate use of Federal funds in compliance with applicable Federal statutes, regulations, and the terms and conditions of the Federal award.''; and (C) by striking paragraph (4); (12) in subsection (m) (as so redesignated), by adding at the end the following: ``Funds expended to carry out activities under this subsection and operational support activities under subsection (n) shall not exceed three percent of the amount appropriated for this section for the fiscal year involved.''; (13) in subsection (q) (as so redesignated), by striking ``grants for new health centers under subsections (c) and (e)'' and inserting ``operating grants under subsection (e), applications for new access points and expanded service pursuant to subsection (g)''; (14) in subsection (r)(4) (as so redesignated), by adding at the end the following: ``A waiver provided by the Secretary under this paragraph may not remain in effect for more than 1 year and may not be extended after such period. An entity may not receive more than one waiver under this paragraph in consecutive years.''; and (15) in subsection (s)(3) (as so redesignated)-- (A) by striking ``appropriate committees of Congress a report concerning the distribution of funds under this section'' and inserting the following: ``Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report including, at a minimum-- ``(A) the distribution of funds for carrying out this section''; (B) by striking ``populations. Such report shall include an assessment'' and inserting the following: ``populations; ``(B) an assessment''; (C) by striking ``and the rationale for any substantial changes in the distribution of funds.'' and inserting a semicolon; and (D) by adding at the end the following: ``(C) the distribution of awards and funding for new or expanded services in each of rural areas and urban areas; ``(D) the distribution of awards and funding for establishing new access points, and the number of new access points created; ``(E) the amount of unexpended funding for loan guarantees and loan guarantee authority under title XVI; ``(F) the rationale for any substantial changes in the distribution of funds; ``(G) the rate of closures for health centers and access points; ``(H) the number and reason for any grants awarded pursuant to subsection (e)(1)(B); and ``(I) the number and reason for any waivers provided pursuant to subsection (r)(4).''. (c) Application.--Amounts appropriated pursuant to this section for fiscal year 2018 or 2019 are subject to the requirements contained in Public Law 115-31 for funds for programs authorized under sections 330 through 340 of the Public Health Service Act (42 U.S.C. 254b-256). (d) Conforming Amendments.--Section 3014(h) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``, as amended by section 221 of the Medicare Access and CHIP Reauthorization Act of 2015,''; and (2) in paragraph (4), by inserting ``and section 101(d) of the CARE Act'' after ``section 221(c) of the Medicare Access and CHIP Reauthorization Act of 2015''.", "summary": "Community Coordination And Resource Empowerment Act or the Community CARE Act This bill amends the Patient Protection and Affordable Care Act to extend funding through FY2019 for community health centers. Health centers that serve medically underserved populations may receive supplemental grant funds to increase access to primary care services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Sprawl and Smart Growth Study Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Urban sprawl destroys valuable open space, farmland, wildlife, and natural, cultural, scenic, and recreational resources. (2) Urban sprawl also leads to costly public expenditures for infrastructure, public schools, and transportation for newly developed areas while causing disinvestment in the urban cores of cities and towns. (3) Smart growth can prevent these problems and help enhance the quality of life for everyone. (4) Although growth management is primarily a State, tribal, and local responsibility, the effects of Federal actions contributing to or avoiding urban sprawl can be considerable. (5) Federal agencies can benefit from additional guidance to improve the use of environmental impact statements and environmental assessments in considering the potential effects of their proposed actions on urban sprawl and smart growth. SEC. 3. SMART GROWTH STUDY. (a) Study Required.--The Council on Environmental Quality shall conduct a study of urban sprawl and smart growth that updates and builds on the Council's 1974 study entitled ``The Costs of Sprawl'' and the Council's 1981 study entitled ``National Agricultural Lands Study''. (b) Examination of Environmental Impact Statements.--In conducting the study, the Council shall select and examine a variety of environmental impact statements and environmental assessments by a minimum of 15 Federal agencies, that were completed after 1995 for land and facility management, transportation and infrastructure, and regulatory and development assistance programs, including rural, urban, and tribal assistance. (c) Public Participation.--The Council shall provide opportunities for public participation in the study, including by-- (1) conducting public meetings in at least 5 cities that, as determined by the Council, are each located-- (A) in a different region of the United States; and (B) in an area that is experiencing an increase in urban sprawl; (2) making electronically accessible to the public information on the study and related documents; and (3) holding discussions with Federal, State, and local government personnel and representatives of Indian tribes involved in the process of formulating environmental impact statements and environmental assessments. (d) Report.--Not later than 18 months after the date of the enactment of this Act, the Council shall submit a report to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate describing the results of the study, including the following: (1) Findings of the Council concerning the economic, environmental, and land use effects of urban sprawl, such as those relating to energy, transportation, housing, schools, small business, Government facilities and military installations, public lands and forests, parks and recreation, agriculture and rural landscapes, air and water, and natural, scenic, and cultural resources. (2) Recommendations for improving environmental reviews by Federal agencies to more adequately address urban sprawl. (3) Recommendations for nonregulatory actions that may be taken by Federal agencies to-- (A) assist States and local communities in efforts to promote the beneficial effects of smart growth; and (B) minimize actions by the agencies that result in adverse effects of urban sprawl. (e) Participation of Other Agencies.--In carrying out this section, the Council should seek the participation of other Federal agencies. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Council $300,000 for the purpose of carrying out this section, in addition to any other amounts that are available for such purpose. SEC. 4. COMMENTS ON URBAN SPRAWL. In any written comment prepared under section 309 of the Clean Air Act (42 U.S.C. 7609) for any matter contained in any proposed legislation, Federal project, Federal agency action, or proposed regulation described in clause (1), (2), or (3) of subsection (a) of that section, the Administrator of the Environmental Protection Agency shall address the impact of the matter on urban sprawl. SEC. 5. NOTIFICATION, CONSULTATION, AND CONSIDERATION OF EFFECTS BEFORE DETERMINING WHETHER TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT. (a) Notice and Comment.--In preparing an environmental assessment for a proposed Federal action and before determining whether to prepare an environmental impact statement for the action, the head of a Federal agency shall-- (1) publish notice of the action in the Federal Register and local newspapers of general circulation; (2) directly notify persons that may be affected by the proposed Federal action, including each State government, local government, Indian tribe, and private property owner that may be so affected; (3) conduct discussions with such persons on the proposed action and its alternatives; and (4) seek to address such persons' concerns, if any. (b) Consideration of Request for Environmental Impact Statement.-- If the Governor of a State or the head of a local government or Indian tribe referred to in subsection (a)(1) submits in writing to the head of the Federal agency a statement that the proposed Federal action will result in urban sprawl significantly affecting the quality of the human environment and a request for preparation of an environmental impact statement for the proposed Federal action, the head of the Federal agency shall give great weight to the request in determining whether to prepare an environmental impact statement for the proposed Federal action. (c) Publication of Environmental Assessment.--If, after receiving a written statement and request for an environmental impact statement under subsection (b) for a proposed Federal action, the head of a Federal agency determines that the environmental impact statement is not required by section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the agency head shall-- (1) include in an environmental assessment for the action an explanation of why the proposed action will not result in urban sprawl significantly affecting the quality of the human environment; (2) provide public notice of the availability of the assessment in the Federal Register and local newspapers of general circulation; and (3) transmit a copy of the assessment to the Council on Environmental Quality. (d) Urban Sprawl.--The head of a Federal agency shall include in an environmental impact statement requested pursuant to subsection (b), for each alternative included in the statement under section 102(2)(C)(iii) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)(iii)), an analysis of the environmental effects of the action on urban sprawl. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Council.--The term ``Council'' means the Council on Environmental Quality. (2) Environmental assessment.--The term ``environmental assessment'' has the meaning given to that term in section 1508.9 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of this Act. (3) Environmental impact statement.--The term ``environmental impact statement'' means a detailed written statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (4) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to members of the Indian tribe because of their status as members. (5) Urban sprawl.--The term ``urban sprawl''-- (A) means any change in the pattern of the use of land outside of an urban center that results in a relatively dispersed form of residential or commercial development; and (B) includes any such change that-- (i) may result in loss of open space, farmland, rural landscapes, wildlife, or natural, cultural, scenic, or recreational resources; or (ii) may result in high public costs for infrastructure, public facilities, or transportation and lead to disinvestment in older urban or suburban areas. (6) Smart growth.--The term ``smart growth'' means policies regarding growth and development that-- (A) recognize the effects of new growth and development, including the environmental, economic, and social costs described in paragraph (5)(B); and (B) attempt to mitigate those effects in advance so as to avoid or reduce them.", "summary": "Urban Sprawl and Smart Growth Study Act - Requires the Council on Environmental Quality to study and report to specified congressional committees on urban sprawl and smart growth, examining environmental impact statements (EIS) and assessments by a minimum of 15 Federal agencies that were completed after 1995.Provides for consideration of urban sprawl in environmental assessments and EIS prepared by Federal agencies for proposed Federal actions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Training for Realtime Writers Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) As directed by Congress in section 723 of the Communications Act of 1934 (47 U.S.C. 613), as added by section 305 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 126), the Federal Communications Commission adopted rules requiring closed captioning of most television programming, which gradually require new video programming to be fully captioned beginning in 2006. (2) More than 28,000,000 Americans, or 8 percent of the population, are considered deaf or hard of hearing and many require captioning services to participate in mainstream activities. (3) More than 24,000 children are born in the United States each year with some form of hearing loss. (4) According to the United States Department of Health and Human Services and a study done by the National Council on Aging-- (A) 25 percent of Americans over 65 years old are hearing impaired; (B) 33 percent of Americans over 70 years old are hearing impaired; and (C) 41 percent of Americans over 75 years old are hearing impaired. (5) The National Council on Aging study also found that depression in older adults may be directly related to hearing loss and disconnection with the spoken word. (6) Empirical research demonstrates that captions improve the performance of those individuals learning to read English and, according to numerous Federal agencies' statistics, could benefit-- (A) 3.7 million remedial readers; (B) 12 million young children learning to read; (C) 27 million illiterate adults; and (D) 30 million people for whom English is a second language. (7) Over the past 5 years, student enrollment in programs that train court reporters to become realtime writers has decreased significantly, causing such programs to close on many campuses. SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME WRITERS. (a) In General.--The Secretary of Education shall make competitive grants to eligible entities under subsection (b) to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 723 of the Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed thereunder. (b) Eligible Entities.--For purposes of this act, an eligible entity is a court reporting or realtime writing training program that-- (1) can document and demonstrate to the Secretary of Education that it meets minimum standards of educational and financial accountability, with a curriculum capable of training realtime writers, qualified to provide captioning services; (2) is accredited by an accrediting agency recognized by the Department of Education; and (3) participates in student aid programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) (c) Priority in Grants.--In determining whether to award grants under this section, the Secretary of Education shall give priority to eligible entities that-- (1) demonstrate the greatest ability to increase their capacity to train realtime writers; (2) demonstrate the most promising collaboration with local educational institutions, businesses, labor organizations, or other community groups having the potential to train or provide job placement assistance to realtime writers; and (3) propose the most promising and innovative approaches for initiating or expanding training or job placement assistance efforts for realtime writers. (d) Duration of Grant.--A grant under this section shall be for a period of 2 years. (e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 2-year period of the grant. SEC. 4. APPLICATION. To receive a grant under section 3, an eligible entity shall submit an application to the Secretary of Education at such time and in such manner as the Secretary shall require. The application shall include-- (1) a description of the training and assistance to be funded using the grant amount, including how such training and assistance will increase the number of realtime writers; (2) a description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention; (3) a description of the manner in which the eligible entity will ensure that recipients of scholarships, if any, funded by the grant will be employed and retained as realtime writers; (4) a description of the manner in which the eligible entity intends to continue providing the training and assistance to be funded by the grant after the end of the grant period, including any partnerships or arrangements established for that purpose; (5) a description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers; and (6) such other information as the Secretary may require. SEC. 5. USE OF FUNDS. (a) In General.--An eligible entity receiving a grant under section 3 shall use the grant amount for purposes relating to the recruitment, training, assistance, and job placement of individuals (including individuals who have completed a court reporting training program) as realtime writers, including-- (1) recruitment activites; (2) subject to subsection (b), the provision of scholarships to individuals for training in realtime writing; (3) distance learning; (4) design and development of curriculum to more effectively train realtime writing skills and education in the knowledge bases necessary for the delivery of high quality closed captioning services; (5) assistance in job placement for upcoming and recent graduates with all types of captioning employers; (6) encouragement of individuals with disabilities to pursue a career in realtime writing; and (7) the employment and payment of personnel for such purposes. (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk). (2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the Secretary of Education to provide realtime writing services for a period of time (as determined by the Secretary) that is appropriate for the amount of the scholarship received. (3) Coursework and employment.--The Secretary shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. Requirements for repayment of scholarship amounts shall take into account the effect of economic conditions on the capacity of scholarship recipients to find work as realtime writers. (c) Administrative Costs.--The recipient of a grant under section 3 may not use more than 5 percent of the grant amount to pay administrative costs associated with activities funded by the grant. (d) Supplement not Supplant.--Grants amounts under this Act shall supplement and not supplant other Federal or non-Federal funds of the grant recipient for purposes of promoting the training and placement of individuals as realtime writers. SEC. 6. REPORTS. Each eligible entity receiving a grant under section 3 shall submit to the Secretary of Education, at the end of each year of the grant period, a report which shall include-- (1) a description of the use of grant amounts by the entity during such year; (2) an assessment, utilizing the performance measures submitted by the entity in the application for the grant under section 4(b), of the effectiveness of activities carried out using such funds in increasing the number of realtime writers; and (3) a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act-- (1) $20,000,000 for each of fiscal years 2004, 2005, and 2006; and (2) such sums as may be necessary for fiscal year 2007.", "summary": "Training for Realtime Writers Act of 2003 - Directs the Secretary of Education to make competitive grants to eligible entities to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers to meet requirements for closed captioning in video programming. Sets forth priorities to be given in the award of such grants. Limits grants to a two-year period and a maximum amount of $1.5 million."}
{"article": "SECTION 1. STUDIES AND REPORTS BY THE DEPARTMENT OF AGRICULTURE AND THE NATIONAL ACADEMY OF SCIENCES ON FOOD PRODUCTS FROM CLONED ANIMALS. (a) Study by the Department of Agriculture.-- (1) In general.--The Secretary of Agriculture (referred to in this section as the ``Secretary''), in coordination with the Economic Research Service, and after consultation with the Secretary of Health and Human Services (acting through the Commissioner of Food and Drugs), shall conduct a study on the economic and trade impact of agricultural exports of food products from cloned animals. (2) Content of study.--The study under paragraph (1) shall include-- (A) an analysis of the domestic agricultural and international trade economic implications of permitting commercialization of milk and meat from cloned animals and their progeny into the food supply, with special attention to-- (i) the impact on Federal agricultural expenditures; and (ii) meat and milk exports shifts that would take place as other countries react to that commercialization, including the potential for other countries to ban exports from the United States; and (B) estimates of the consumer and exporter behavioral responses that must be factored into both the economic impact analysis and the health impact analysis required under this section. (b) Study With the Government Accountability Office on Monitoring Food Products From Cloned Animals.-- (1) In general.--The Secretary, in coordination with Comptroller General of the United States, shall conduct a study on the programs in place at the Department of Agriculture to monitor food products from cloned animals if such products enter the food supply. (2) Content of study.--The study under paragraph (1) shall include an evaluation of the processes in place at the Department of Agriculture to monitor food products from cloned animals throughout the food supply. The study shall also include a review of existing studies and literature, from the United States and other countries and organizations, that relate to the evaluation of the safety of food products from cloned animals and methods for monitoring such products in the food supply. (c) Study With the Government Accountability Office on the Health Effects and Costs Attributable to Milk From Cloned Animals in the Food Supply.-- (1) In general.--The Secretary, in consultation with the Secretary of Health and Human Services (acting through the Commissioner of Food and Drugs), and in coordination with Comptroller General of the United States, shall conduct a study on the health effects and costs attributable to milk from cloned animals in the food supply. (2) Content of study.--The study under paragraph (1) shall include an evaluation and measurement of the potential public health effects and associated health care costs, including any consumer behavior changes and negative impacts on nutrition, and prevention of osteoporosis and other chronic disease that result from any decrease in milk consumption, attributable to the commercialization of milk from cloned animals and their progeny. (d) Study With the National Academy of Sciences.-- (1) In general.--The Secretary shall contract with the National Academy of Sciences to conduct a study and report to Congress regarding the safety of food products derived from cloned animals. (2) Content of study.--The study under paragraph (1) shall include a review and an assessment of whether the studies (including peer review studies), data, and analysis used in the draft risk assessment issued by the Food and Drug Administration entitled Animal Cloning: A Draft Risk Assessment (issued on December 28, 2006) supported the conclusions drawn by such draft risk assessment and-- (A) whether there were a sufficient number of studies to support such conclusions; and (B) whether additional pertinent studies and data exist which were not considered in the draft risk assessment and how this additional information affects the conclusions drawn in such draft risk assessment. (e) Rule of Construction.--Nothing in this section shall be construed to impede ongoing scientific research in artificial reproductive health technologies. (f) Timeframe for Studies.--The Secretary shall complete the studies required under this section prior to issuance by the Commissioner of Food and Drugs of the final risk assessment on the safety of cloned animals and food products derived from cloned animals. (g) Continuance of Moratorium.--The voluntary moratorium on introducing food from cloned animals or their progeny into the food supply, as in effect on the date of enactment of this Act, shall remain in effect at least until the date that the Secretary of Health and Human Services (acting through the Commissioner of Food and Drugs) issues the final risk assessment described in subsection (f).", "summary": "Directs the Secretary of Agriculture to conduct studies on: (1) the economic and trade impact of exports of food products from cloned animals; (2) Department of Agriculture programs to monitor products from cloned animals in the food supply; (3) the health effects and costs attributable to milk from cloned animals in the food supply; and (4) the safety of food products derived from cloned animals."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Schools Improvement Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Bullying and harassment foster a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create conditions that negatively affect learning, thereby undermining the ability of students to achieve their full potential. (2) Bullying and harassment contribute to high dropout rates, increased absenteeism, and academic underachievement. (3) Bullying and harassment include a range of behaviors that negatively impact a student's ability to learn and participate in educational opportunities and activities that schools offer. Such behaviors can include hitting or punching, name-calling, intimidation through gestures or social exclusion, and sending insulting or offensive messages through electronic communications, such as Internet sites, e-mail, instant messaging, mobile phones and messaging, telephone, or any other means. (4) Schools with enumerated anti-bullying and harassment policies have an increased level of reporting and teacher intervention in incidents of bullying and harassment, thereby reducing the overall frequency and number of such incidents. (5) Students have been particularly singled out for bullying and harassment on the basis of their actual or perceived race, color, national origin, sex, disability status, sexual orientation, gender identity, or religion, among other categories. (6) Some young people experience a form of bullying called relational aggression or psychological bullying, which harms individuals by damaging, threatening, or manipulating their relationships with their peers, or by injuring their feelings of social acceptance. (7) Interventions to address bullying and harassment conduct to create a positive and safe school climate, combined with evidence-based discipline policies and practices, such as Positive Behavior Interventions and Supports (PBIS) and restorative practices, can minimize suspensions, expulsions, and other exclusionary discipline policies to ensure that students are not ``pushed-out'' or diverted to the juvenile justice system. (8) According to one poll, 85 percent of Americans strongly support or somewhat support a Federal law to require schools to enforce specific rules to prevent bullying. (9) Students, parents, educators, and policymakers have come together to call for leadership and action to address the national crisis of bullying and harassment. SEC. 3. SAFE SCHOOLS IMPROVEMENT. (a) In General.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART G--SAFE SCHOOLS IMPROVEMENT ``SEC. 4701. PURPOSE. ``The purpose of this part is to address the problem of bullying and harassment conduct of students in public elementary schools and secondary schools. ``SEC. 4702. ANTI-BULLYING POLICIES. ``(a) Bullying.--In this part, the term `bullying' includes cyber- bullying through electronic communications. ``(b) Policies.--A State that receives a grant under this title shall require all local educational agencies in the State to carry out the following: ``(1) Establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive-- ``(A) to limit a student's ability to participate in, or benefit from, a program or activity of a public school or local educational agency; or ``(B) to create a hostile or abusive educational environment, adversely affecting a student's education, at a program or activity of a public school or local educational agency, including acts of verbal, nonverbal, or physical aggression or intimidation. ``(2) The policies required under paragraph (1) shall include a prohibition of bullying or harassment conduct based on-- ``(A) a student's actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion; ``(B) the actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion of a person with whom a student associates or has associated; or ``(C) any other distinguishing characteristics that may be defined by the State or local educational agency, including being homeless or the child or ward of a member of the Armed Forces. ``(3) Provide-- ``(A) annual notice to students, parents, and educational professionals describing the full range of prohibited conduct contained in such local educational agency's discipline policies; and ``(B) grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies, including-- ``(i) the name of the local educational agency officials who are designated as responsible for receiving such complaints; and ``(ii) timelines that the local educational agency will establish in the resolution of such complaints. ``(4) Collect annual incidence and frequency of incidents data about the conduct prohibited by the policies described in paragraph (1) at the school building level that are accurate and complete and publicly report such data at the school level and local educational agency level. The local educational agency shall ensure that victims or persons responsible for such conduct are not identifiable. ``(5) Encourage positive and preventative approaches to school discipline that minimize students' removal from instruction and ensure that students, including students described in paragraph (2), are not subject to disproportionate punishment. ``SEC. 4703. STATE REPORTS. ``The chief executive officer of a State that receives a grant under this title, in cooperation with the State educational agency, shall submit a biennial report to the Secretary-- ``(1) on the information reported by local educational agencies in the State pursuant to section 4702(b)(4); and ``(2) describing the State's plans for supporting local educational agency efforts to address the conduct prohibited by the policies described in section 4702(b)(1). ``SEC. 4704. EVALUATION. ``(a) Biennial Evaluation.--The Secretary shall conduct an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary schools and secondary schools, including implementation of the requirements described in section 4702, including whether such requirements have appreciably reduced the level of the prohibited conduct and have conducted effective parent involvement and training programs. ``(b) Data Collection.--The Commissioner for Education Statistics shall collect data from States, that are subject to independent review, to determine the incidence and frequency of conduct prohibited by the policies described in section 4702. ``(c) Biennial Report.--Not later than January 1, 2019, and every 2 years thereafter, the Secretary shall submit to the President and Congress a report on the findings of the evaluation conducted under subsection (a) together with the data collected under subsection (b) and data submitted by the States under section 4703. ``SEC. 4705. EFFECT ON OTHER LAWS. ``(a) Federal and State Nondiscrimination Laws.--Nothing in this part shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part are in addition to those imposed by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(b) Free Speech and Expression Laws.--Nothing in this part shall be construed to alter legal standards regarding, or affect the rights (including remedies and procedures) available to individuals under, other Federal laws that establish protections for freedom of speech or expression. ``SEC. 4706. RULE OF CONSTRUCTION. ``Nothing in this part shall be construed to prohibit a State or local entity from enacting any law with respect to the prevention of bullying or harassment of students that is not inconsistent with this part.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: ``Part G--Safe Schools Improvement ``Sec. 4701. Purpose. ``Sec. 4702. Anti-bullying policies. ``Sec. 4703. State reports. ``Sec. 4704. Evaluation. ``Sec. 4705. Effect on other laws. ``Sec. 4706. Rule of construction.''.", "summary": "Safe Schools Improvement Act of 2017 This bill amends the Elementary and Secondary Education Act of 1965 to require states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive to: (1) limit students' ability to participate in, or benefit from, school programs; or (2) create a hostile or abusive educational environment that adversely affects students' education. LEAs shall also provide: (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their disciplinary policies; (2) students and parents with grievance procedures that target such conduct; and (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level. The Department of Education must conduct, and report on, an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools. The National Center for Education Statistics shall collect state data to determine the incidence and frequency of the conduct prohibited by LEA disciplinary policies."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Asset Management Improvement Act of 2001''. TITLE I--IMPROVED PROPERTY MANAGEMENT SEC. 101. PERFORMANCE MEASUREMENT. (a) Performance Measures Required.-- (1) In general.--The Administrator, in consultation with the heads of executive agencies, shall establish performance measures to determine the effectiveness of Federal property management. The performance measures shall be designed to-- (A) enable the Congress and heads of executive agencies to track progress in the achievement of property management objectives on a governmentwide basis; and (B) allow for comparing the performance of executive agencies against industry and other public sector agencies in terms of performance. (2) Use of existing data and data collection tools.--In developing and implementing the performance measures, the Administrator shall use existing data sources and automated data collection tools to the maximum extent practical. (b) Executive Agencies.--The head of each executive agency shall-- (1) monitor the performance of the agency against the performance measures established under subsection (a); and (2) report the results of such monitoring to the Congress in the agency's budget submission under section 1105 of title 31, United States Code. (c) Management Plan.--Within 90 days after the date of the enactment of this Act, the Administrator of General Services shall submit to the Congress a program management plan describing-- (1) how the program established by this Act will be implemented; (2) individuals who will exercise operational authority over the program; (3) the qualifications of such individuals; and (4) a timeline for implementation of the program. TITLE II--PUBLIC-PRIVATE PARTNERSHIPS SEC. 201. PUBLIC-PRIVATE PARTNERSHIP AUTHORITY. Title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) is amended by adding at the end the following: ``Sec. 213. (a) The Administrator may enter into agreements for the creation of one or more public-private partnerships with a nongovernmental person, the purpose of which shall be (1) to lease Federal real property under the terms of subsection (c), and (2) to develop, rehabilitate, or renovate facilities on such leased property for the use, in whole or part, by executive agencies. The public- private partnership may be a limited liability company, limited partnership, corporation, business trust, or other form of entity, as the Administrator may designate. The nongovernmental person shall exercise control of the management of the public-private partnership, and shall hold a majority interest in ownership and profits of the public-private partnership. ``(b) Each agreement entered into pursuant to this section-- ``(1) shall have as its primary purpose the enhancement of the functional and economic efficiency of Federal real property; ``(2) shall be negotiated pursuant to such procedures as the Administrator considers necessary to promote competition and protect the public interest; ``(3) shall provide a lease option to the United States to occupy space in the facilities acquired, constructed, or rehabilitated by the public-private partnership, but shall not guarantee occupancy by the United States; ``(4) shall describe the consideration, duties, and responsibilities for which the United States and the nongovernmental person are responsible and may provide for the alteration, repair, or improvement of the real property as part or all of the consideration of the nongovernmental person, notwithstanding any provision of law, including the Act of June 30, 1932 (chapter 314; 40 U.S.C. 303b); ``(5) shall provide-- ``(A) that the United States shall not be liable for any actions, debts, or liability of any person created by such agreement; and ``(B) that no person is authorized by the agreement to execute any instrument or document creating or evidencing any indebtedness unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and ``(6) shall provide that the leasehold interests of the United States are senior to that of any lender to the nongovernmental person. Paragraph (6) shall not impair the ability of a public-private partnership to pledge as collateral its leasehold interest under a lease with the United States entered into pursuant to the terms of subsection (c). ``(c)(1) Notwithstanding any other provision of law, including sections 202 and 203 of this Act, the Administrator may lease real property to a public-private partnership created under this section in furtherance of agreements under subsection (a). ``(2) Master leases under this subsection may be for such period as the Administrator determines appropriate. ``(3) The Administrator may dispose of equity interest controlled by the United States in any public-private partnership created under this section whenever determined by the Administrator to be beneficial to the United States, if the Administrator receives the estimated fair market value of such interests. Proceeds from such disposal shall be deposited into the fund created by section 210(f). ``(4) Real property leased under this subsection shall not be considered unutilized or underutilized for purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act and may be leased under this subsection without regard to any other provision of law. ``(d) Notwithstanding any other provision of law, the Administrator, or his or her designee, may provide services to a public-private partnership created under this section on such terms as the Administrator considers appropriate. ``(e)(1) Notwithstanding any other provision of law, the Administrator may retain and use any revenues derived from agreements entered into under this section for the physical improvement of Federal real property. ``(2) At the discretion of the Administrator, revenues from master leases authorized by this section shall be deposited into the fund established by section 210(f), or deposited into the general fund of the Treasury as miscellaneous receipts. ``(3) Net revenues received by the Administrator from public- private partnerships created under this section, other than proceeds from master leases of real property, shall be deposited in the fund established by section 210(f). ``(f) Upon request of the head of an executive agency, the Administrator shall delegate to the head of the executive agency authority of the Administrator under subsections (a) through (e). ``(g) The Administrator shall prepare and transmit to the Congress a business plan regarding each agreement with a nongovernmental person under this section not later than 30 days before the date on which the Administrator enters into the agreement. The business plan shall identify the property that the Administrator proposes to make available under the agreement, an explanation of the agreement, the name, resources, and qualifications of the nongovernmental person, the factors in support of the proposed project, and performance measures by which the proposed project will be measured. ``(h) The Administrator shall describe, in the budget submitted by the President pursuant to section 1105 of title 31, United States Code, the projected economic performance, including expenditures and receipts, arising from agreements entered into pursuant this section. ``(i) In this section: ``(1) The term `nongovernmental person' means a person that is not an executive agency. ``(2) The term `master lease' means a conveyance of Federal real property to a public-private partnership created under this section through a lease entered into by the Administrator with the public-private partnership.''. SEC. 202. REPORTS. (a) Office of the Administrator.--Not later than 5 years after the date of enactment of this Act, the Administrator of General Services shall submit to the Congress a report on the use by executive agencies of the authorities provided by this Act. The report shall-- (1) assess the effectiveness of the authority to enter into agreements to enhance the value of the properties subject to the agreements; and (2) review the performance measures included in the explanatory statements submitted pursuant to section 201. (b) Report of the Comptroller General.--Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the use by executive agencies of the authorities provided by this Act.", "summary": "Federal Asset Management Improvement Act of 2001 - Directs the: (1) Administrator of General Services to establish performance measures to determine the effectiveness of Federal property management; (2) head of each executive agency to monitor their agency's performance against such measures and report results to Congress; and (3) Administrator to submit to Congress a Federal property management plan.Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator to enter into agreements for the creation of one or more public-private partnerships to: (1) lease Federal real property; and (2) develop, rehabilitate, or renovate facilities on such property for use by executive agencies. Requires the Administrator to prepare and submit to Congress at least 30 days before entering into such an agreement a business plan regarding each agreement."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Dental Care for Veterans Act of 2013''. SEC. 2. RESTORATIVE DENTAL SERVICES FOR VETERANS. Section 1710(c) of title 38, United States Code, is amended-- (1) in the second sentence-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(c)''; (3) by striking ``The Secretary'' and inserting the following: ``(2) The Secretary''; and (4) by adding at the end the following new paragraph: ``(3) In addition to the dental services, treatment, and appliances authorized to be furnished by paragraph (2), the Secretary may furnish dental services and treatment, and dental appliances, needed to restore functioning in a veteran that is lost as a result of any services or treatment furnished under this subsection.''. SEC. 3. PILOT PROGRAM ON EXPANSION OF FURNISHING OF DENTAL CARE TO ALL ENROLLED VETERANS. (a) Pilot Program Required.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of furnishing dental care to veterans enrolled in the system of patient enrollment under section 1705 of title 38, United States Code, who are not eligible for dental services and treatment, and related dental appliances, under current authorities. (b) Duration of Pilot Program.--The pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program. (c) Locations.-- (1) In general.--The Secretary shall carry out the pilot program at not fewer than 16 locations as follows: (A) Four Department of Veterans Affairs medical centers with an established dental clinic. (B) Four Department medical centers with a current contract for the furnishing of dental care. (C) Four Community-Based Outpatient Clinics (CBOCs) with space available for the furnishing of services and treatment under the pilot program. (D) Four facilities selected from among Federally Qualified Health Centers (FQHCs) and Indian Health Service facilities with established dental clinics, of which-- (i) at least one facility shall be such an Indian Health Service facility; and (ii) any Indian Health Service facility so selected shall be selected in consultation with the Secretary of Health and Human Services. (2) Considerations.--In selecting locations for the pilot program, the Secretary shall consider the feasibility and advisability of selecting locations in each of the following: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas representing different geographic locations, such as census tracts established by the Bureau of Census. (d) Scope of Services.--The dental services and treatment furnished to veterans under the pilot program shall be consistent with the dental services and treatment furnished by the Secretary to veterans with service-connected disabilities rated 100 percent disabling under the laws administered by the Secretary. (e) Voluntary Participation.--The participation of a veteran in the pilot program shall be at the election of the veteran. (f) Limitation on Amount of Services.-- (1) In general.--Except as provided in paragraph (3), the total amount the Secretary may expend furnishing dental services and treatment to any veteran participating in the pilot program during any one-year period may not exceed such amount as the Secretary determines appropriate. The amount so determined may not be less than $1,000. (2) Consultation.--The Secretary shall make the determination under paragraph (1)-- (A) in consultation with the Director of the Indian Health Service; and (B) in consultation with the Director of the Centers for Medicare and Medicaid Services if one or more Federally Qualified Health Centers is selected as a location for the pilot program under subsection (c)(1)(D). (3) Services in excess of limitation amount.--The total amount expended by the Secretary in furnishing dental services and treatment to a particular veteran participating in the pilot program during a one-year period may exceed the amount determined under paragraph (1) if the Secretary determines, before furnishing such services and treatment, based on an examination of the veteran by a dentist participating in the pilot program that the furnishing of such services and treatment is necessary. Any determination under this paragraph shall be made on a case-by-case basis. (g) Copayments.--The Secretary may collect copayments for dental services and treatment furnished under the pilot program in accordance with authorities on the collection of copayments for medical care of veterans under chapter 17 of title 38, United States Code. (h) Program Administration.-- (1) Notice to covered veterans on pilot program.--In carrying out the pilot program, the Secretary shall inform all veterans eligible to participate in the pilot program of the services and treatment available under the pilot program. (2) Contracts.--In carrying out the pilot program, the Secretary may enter into contracts with appropriate entities for the provision of dental services and treatment under the pilot program. Each such contract shall specify performance standards and metrics and processes for ensuring compliance of the contractor concerned with such performance standards. (i) Reports.-- (1) Preliminary reports.-- (A) In general.--Not later than each of one year and three years after the date of the commencement of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (B) Contents.--Each report under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the pilot program. (ii) The number of veterans receiving services and treatment under the pilot program, and a description of the dental services and treatment furnished to such veterans. (iii) An analysis of the costs and benefits of the pilot program, including a comparison of costs and benefits by location type. (iv) The current findings and conclusions of the Secretary with respect to the pilot program. (v) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (2) Final report.-- (A) In general.--Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (B) Contents.--The report under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the pilot program. (ii) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. SEC. 4. PROGRAM ON EDUCATION TO PROMOTE DENTAL HEALTH IN VETERANS. (a) Program Required.-- (1) In general.--The Secretary of Veterans Affairs shall carry out a program of education to promote dental health for veterans who are enrolled in the system of patient enrollment of the Department of Veterans Affairs under section 1705 of title 38, United States Code. (2) Construction.--Nothing in the program shall be deemed to alter or revise the eligibility of any veteran for dental care under the laws administered by the Secretary. (b) Elements.--The program required by subsection (a) shall provide education for veterans on the following: (1) The association between dental health and overall health and well-being. (2) Proper techniques for dental care. (3) Signs and symptoms of commonly occurring dental issues, including caries. (4) Treatment options for commonly occurring dental issues. (5) Options for obtaining access to dental care, including information on eligibility for dental care through the Department and on purchasing private dental insurance. (6) Options for obtaining low or no-cost dental care, including through dental schools and Federally Qualified Health Centers. (7) Such other matters relating to dental health as the Secretary considers appropriate. (c) Delivery of Educational Materials.-- (1) In general.--The Secretary shall provide educational materials to veterans under the program required by subsection (a) through a variety of mechanisms, including the following: (A) The availability and distribution of print materials at Department facilities, including medical centers, clinics, Vet Centers, and readjustment counseling centers. (B) The availability and distribution of materials over the Internet, including through webinars and My HealtheVet. (C) Presentations of information, including both small group and large group presentations. (2) Selection of mechanisms.--In selecting mechanisms for purposes of this subsection, the Secretary shall select mechanisms designed to maximize the number of veterans who receive education under the program. SEC. 5. INFORMATION ON DENTAL SERVICES FOR INCLUSION IN ELECTRONIC MEDICAL RECORDS UNDER DENTAL INSURANCE PILOT PROGRAM. (a) In General.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall expand the dental insurance pilot program established by section 17.169 of title 38, Code of Federal Regulations, to establish a mechanism by which private sector dental care providers may forward to the Department of Veterans Affairs information on dental care furnished to individuals under the pilot program for inclusion in the electronic medical records of the Department with respect to such individuals. (b) Construction With Current Pilot Program Requirements.-- (1) In general.--Nothing in this section shall be construed to revise eligibility for participation in, or the locations of, the pilot program referred to in subsection (a). (2) Duration.--The Secretary may continue the pilot program for two years in addition to the duration otherwise provided for the pilot program in section 17.169 of title 38, Code of Federal Regulations, if the Secretary determines that the continuation is needed to assess the mechanism required by subsection (a). (3) Voluntary participation in mechanism.--The participation in the mechanism required by subsection (a) of an individual otherwise participating in the pilot program shall be at the election of the individual. (c) Inclusion of Information on Mechanism in Reports.--Each report to Congress on the pilot program after the date of the commencement of the mechanism required by subsection (a) shall include information on the mechanism, including a current assessment of the feasibility and advisability of using the mechanism to include information on dental care furnished to individuals in the electronic medical records of the Department with respect to such individuals.", "summary": "Enhanced Dental Care for Veterans Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to furnish additional dental services and treatment, and dental appliances, needed to restore functioning in a veteran that is lost due to VA services or treatment furnished to such veteran. Directs the Secretary to: (1) carry out a three-year pilot program for furnishing dental care to veterans not otherwise eligible for dental services and treatment under current VA programs, (2) carry out a program of education to promote dental health for veterans, and (3) enable private sector dental care providers to submit information on dental care provided to veterans under the pilot program for inclusion in VA electronic medical records."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``On-the-Job Training Tax Credit Act of 2015''. SEC. 2. ON-THE-JOB TRAINING TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. ON-THE-JOB TRAINING TAX CREDIT. ``(a) In General.--For purposes of section 38, in the case of an eligible employer, the on-the-job training tax credit determined under this section with respect to any eligible employee of the employer is an amount equal to the lesser of-- ``(1) 50 percent of the job training program expenditures of the taxpayer with respect to such employee during the taxable year, or ``(2) $5,000. ``(b) Eligible Employer.--For purposes of this section, the term `eligible employer' means an employer which employed an average of not more than 500 full-time employees during the taxable year. ``(c) Job Training Program Expenses.--For purposes of this section-- ``(1) In general.--The term `job training program expenses' means amounts paid or incurred by the employer for expenses incurred by or on behalf of an eligible employee for participation in a qualified training program. ``(2) Qualified training program.--For purposes of this subsection, the term `qualified training program' means any of the following written plans of study and training: ``(A) An apprenticeship program registered and certified with the Secretary of Labor under section 1 of the National Apprenticeship Act (29 U.S.C. 50). ``(B) A program licensed, registered, or certified by the workforce investment board or apprenticeship agency or council of a State or administered in compliance with apprenticeship laws of a State. ``(C) A program conducted by a vocational or technical education school, community college, industrial or trade training organization, or labor organization. ``(D) A program which conforms to apprentice training programs developed or administered by an employer trade group or committee. ``(E) An industry sponsored or administered program which is clearly identified and commonly recognized. ``(d) Eligible Employee.--For purposes of this section, the term `eligible employee' means any employee of the employer, who while participating in the job skills training program is employed on average at least 40 hours of service per week. ``(e) Recapture of Credit for Employee Not Performing Minimum Service.-- ``(1) In general.--In the case of any employee with respect to whom a credit is allowed under this section and whose employment is terminated by the employer (other than by reason of such employee's gross misconduct) before the end of the 2- year period beginning on the first day of the employee's study or training with respect to which a credit is allowed under this section, the tax of the taxpayer under this chapter for the taxable year during which such termination occurs shall be increased by an amount equal to-- ``(A) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the job training program expenses with respect to such employee had been zero, multiplied by ``(B) the inclusion ratio. ``(2) Inclusion ratio.--For purposes of this subsection, the inclusion ratio is the ratio which-- ``(A) an amount equal to the difference of-- ``(i) the number of days in the 2-year period, over ``(ii) the number of days such employee was employed by the employer during such 2-year period, bears to ``(B) the number of days in the 2-year period. ``(f) Controlled Groups.--For purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(g) Termination.--The section shall not apply amounts paid or incurred during taxable years beginning after December 31, 2017.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the on-the-job training tax credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. On-the-job training tax credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.", "summary": "On-the-Job Training Tax Credit Act of 2015 Amends the Internal Revenue Code to allow employers who employ not more than 500 full-time employees during the taxable year an on-the-job training tax credit equal to the lesser of: 50% of the job training program expenditures for a full-time employee participating in a qualified training program, or $5,000. Defines "qualified training program" as a written plan of study and training that is either: (1) an apprenticeship program registered and certified with the Department of Labor under the National Apprenticeship Act; (2) a program licensed, registered, or certified by the workforce investment board or apprenticeship agency or council of a state or administered in compliance with state apprenticeship laws; (3) a program conducted by a vocational or technical education school, community college, industrial or trade training organization, or labor organization; (4) a program which conforms to apprentice training programs developed or administered by an employer trade group or committee; or (5) an industry-sponsored or -administered program which is clearly identified and commonly recognized. Terminates such credit after 2017."}
{"article": "SECTION 1. COMPREHENSIVE ARMED FORCES POLICY ON PREVENTION AND RESPONSE TO HAZING INVOLVING MEMBERS OF THE ARMED FORCES. (a) Hazing Defined.--The Secretary of Defense, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard), shall assess and develop a uniform definition of hazing applicable to members of the Armed Forces for inclusion in the Uniform Code of Military Justice. The Secretary of Defense shall submit the definition to the designated congressional committees not later than 90 days after the date of the enactment of this Act. It is the sense of Congress that the definition should cover, at a minimum, any situation in which a member of the Armed Forces suffers, or is exposed to, any cruelty, indignity, humiliation, hardship, harm, harassment, or oppression, or the deprivation or abridgement of any right by another member of the Armed Forces. (b) Comprehensive Armed Forces Policy Required.-- (1) Policy required.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security, shall develop and implement a comprehensive policy on the prevention of and response to hazing involving members of the Armed Forces. (2) Consideration of recommendations.--In developing this policy, the Secretaries shall consider the recommendations made and findings of the Inspectors General of the Department of Defense and the Department of Homeland Security in reports investigating hazing involving members of the Armed Forces and the recommendations of the Comptroller General of the United States under subsection (e). (3) Use of definition.--The policy shall reflect the comprehensive definition of hazing determined pursuant to subsection (a). (c) Information Database on Hazing Incidents.-- (1) Database required.--The Secretary of Defense and the Secretary of Homeland Security shall develop and implement a centralized, case-level database for the collection and maintenance of information regarding hazing involving a member of the Armed Services, including hazing incidents occurring at officer candidate schools, military academies, military academy preparatory schools, and basic training and professional schools for enlisted members. The collection and maintenance of information in the database shall be conducted in a manner consistent with Department of Defense and the Department of Homeland Security regulations for restricted reporting. (2) Scope of database.--The database shall provide the following information with respect to each Armed Force: (A) Description of each hazing complaint. (B) Substantiated incidents of hazing. (C) The nature and date of the hazing. (D) The victim, including race, gender, and rank. (E) The alleged offender, including race, gender, and rank. (F) The branch and division in which the hazing incident occurred, along with whether it took place during a contingency operation. (G) Actions taken to resolve hazing, including disciplinary action, transfer of an offender as a result or related to the offense, and training, policy, and internal guideline changes to address hazing. (H) The outcome of any legal proceedings in connection with the hazing. (3) Implementation.-- (A) Plan for implementation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall submit to the designated congressional committees a plan to provide for the implementation of the database. (B) Relation to defense incident-based reporting system.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the designated congressional committees a report containing-- (i) a description of the current status of the Defense Incident-Based Reporting System; and (ii) an explanation of how the Defense Incident-Based Reporting System will relate to the database. (C) Completion.--Not later than 15 months after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall complete implementation of the database. (d) Annual Reporting Requirement.-- (1) In general.--The database required by subsection (c) shall be used to develop and implement an annual congressional report. (2) Reports required.--Not later than January 15 of each year, the Secretary of Defense and the Secretary of Homeland Security shall submit to the designated congressional committees a report on the hazing incidents involving members of the Armed Forces during the preceding year. (3) Elements.--Each report shall include the following: (A) An assessment by the Secretaries of the implementation during the preceding year of the policies and procedures of each Armed Force on the prevention of and response to hazing involving members of the Armed Forces in order to determine the effectiveness of such policies and procedures. (B) Data on the number of alleged and substantiated hazing incidents within each Armed Force that occurred that year, including the race, gender and Armed Force of the victim and offender, the nature of the hazing, and actions taken to resolve and address the hazing. (e) Comptroller General Report.-- (1) Report required.--Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the designated congressional committees a report on the policies to prevent hazing and systems initiated to track incidents of hazing in each of the Armed Forces, including officer cadet schools, military academies, military academy preparatory schools, and basic training and professional schools for enlisted members. (2) Elements.--The report required by paragraph (1) shall include the following: (A) An evaluation of the definition of hazing developed under subsection (a). (B) A description of the criteria used, and the methods implemented, in the systems to track incidents of hazing in the Armed Forces. (C) An assessment of the following: (i) The scope of hazing in each Armed Force. (ii) The policies in place and the training on hazing provided to members throughout the course of their careers for each Armed Force. (iii) The actions taken to mitigate hazing incidents in each Armed Force. (iv) The effectiveness of the training and policies in place regarding hazing. (v) The number of alleged and substantiated incidents of hazing over the last five years for each Armed Force, the nature of these cases and actions taken to address such matters through non-judicial and judicial action. (D) An evaluation of the additional actions, if any, the Secretary of Defense and the Secretary of Homeland Security propose to take to further address the incidence of hazing in the Armed Forces. (E) Such recommendations as the Comptroller General considers appropriate for improving hazing prevention programs, policies, and other actions taken to address hazing within the Armed Forces. (f) Designated Congressional Committees Defined.--In this section, the term ``designated congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Commerce, Science and Transportation of the Senate; and (2) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Transportation and Infrastructure of the House of Representatives.", "summary": "Directs the Secretary of Defense (DOD) (Secretary) to: (1) assess and develop a uniform definition of hazing, applicable to members of the Armed Forces (members), for inclusion in the Uniform Code of Military Justice (UCMJ); and (2) submit such definition to Congress. Expresses the sense of Congress that such definition should cover, at a minimum, any situation in which a member suffers or is exposed to any cruelty, indignity, humiliation, hardship, harm, harassment, or oppression, or the deprivation or abridgment of any right, by another member. Requires the Secretary to develop and implement a comprehensive policy on the prevention of and response to hazing involving members. Directs the Secretary and the Secretary of Homeland Security (DHS) to develop and implement a centralized, case-level database for the collection and maintenance of information regarding hazing, including incidents occurring at officer candidate schools, military academies and their preparatory schools, and basic training and professional schools for enlisted members. Requires such Secretaries to: (1) submit to Congress a plan to implement the database, and (2) complete implementation within 15 months after the enactment of this Act. Directs the Secretary to report to Congress: (1) a description of the current status of the Defense Incident-Based Reporting System, and (2) an explanation of how such System will relate to the database. Requires annual reports from each Secretary on the hazing incidents involving members. Directs the Comptroller General (GAO) to report to Congress on the policies to prevent hazing and the systems initiated to track incidents of hazing in each of the military departments."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Health and Real Medication Access Cost Savings Act of 2009'' or the ``PHARMACY Bill''. SEC. 2. PATIENT CHOICE. A consumer shall have the right to choose to purchase prescription drugs from any domestic pharmacy that meets all applicable Federal and State licence and permit requirements. SEC. 3. REGULATION OF PHARMACY BENEFIT MANAGERS. Not later than January 1, 2011, the Secretary of Health and Human Services shall issue regulations to ensure the following: (1) Access to and choice of pharmacy.-- (A) Incentives.--A pharmacy benefit manager (referred to in this section as a ``PBM'') may not provide incentives (including variations in premiums, deductibles, co-payments, or co-insurance rates) to enrollees of pharmacy benefit plans administered by such PBM for the purpose of encouraging such enrollees to use certain pharmacies (including mail order pharmacies, speciality drug pharmacies, or other entities) unless the PBM offers the same incentives for all pharmacies in the network for such plan. (B) Mandates.--A PBM may not refer, coerce, or mandate that an enrollee of a pharmacy benefit plan administered by such PBM use a specific mail order pharmacy, specialty drug pharmacy, or other entity-- (i) if the PBM has an ownership interest in a such pharmacy or entity; or (ii) if the pharmacy or entity has an ownership interest in such PBM. (C) Pharmacy networks.--A PBM or pharmacy benefit plan sponsor may not exclude a pharmacy from a pharmacy network if-- (i) the pharmacy agrees to the terms of the network contract; (ii) the pharmacy meets all applicable Federal and State licence and permit requirements; and (iii) the owners of the pharmacy have not been convicted of a Federal crime related to owning or managing a pharmacy. (2) Encourage generic drugs.-- (A) Cost to consumers.-- (i) In general.--Subject to clause (iii), a PBM shall ensure that enrollees of pharmacy benefit plans administered by such a PBM pay a copayment of 20 percent for brand name drugs, not to exceed a maximum amount of $150 per prescription. (ii) Annual updates to amount.--The maximum amount under clause (i) shall be updated annually for inflation based on the consumer price index. (iii) Exception for state medicaid programs.--Clause (i) shall not apply to a PBM with respect to enrollees of a State Medicaid program that limits or prohibits copayments for prescription drugs. (B) Payments to pharmacies.-- (i) In general.--With respect to a pharmacy benefit plan that is at least partially funded with Federal funds, the PBM administering such plan shall reimburse a pharmacy that is in the network for such a plan at least-- (I) 107 percent of the Wholesale Acquisition Cost plus a minimum professional dispensing fee of $4.25 for a prescription for a brand-name drug; (II) 190 percent of the Federal Upper Limit plus a minimum professional dispensing fee of $8.50 for a prescription for a generic drug; and (III) a professional service fee for any additional pharmacy services provided by the pharmacy, in an amount set by the Secretary of Health and Human Services. (ii) Adjustment for inflation.--The professional dispensing fees under clause (i) shall be adjusted annually for inflation, based on the consumer price index. (3) Payments and charges between pbms and pharmacy benefit plan sponsors.-- (A) Payments.--A PBM shall be reimbursed by a pharmacy benefit plan sponsor for adjudicating and processing claims in behalf of such sponsor at a rate that is determined by such sponsor. (B) Charges to pharmacy benefit plan sponsors for drugs dispensed to plan enrollees.--The amount that a PBM charges a pharmacy benefit plan sponsor for a drug that is dispensed to enrollee of a pharmacy benefit plan administered by such PBM may not be greater than the amount that the PBM paid the pharmacy for such drug (including any associated professional dispensing fee). (4) Treatment of drug manufacturer rebates.-- (A) No rebates to pbms.--A manufacturer of prescription drugs-- (i) shall pay all rebates, as defined in section 5(6), directly to the pharmacy benefit plan sponsor; and (ii) shall not pay such rebates to a PBM. (B) Negotiation allowed.--A PBM may negotiate rebate amounts with a manufacturer of prescription drugs on behalf of a pharmacy benefit plan sponsor. (5) Provision of cost information to physicians.--In the case that the premium, deductible, co-payments, co-insurance, or other insurance-related charge under a pharmacy benefit plan is underwritten, in whole or in part, by a Federal, State, or local government, the pharmacy benefit plan sponsor shall provide a list of the wholesale acquisition costs of the top 500 most frequently prescribed drugs to physicians who are licenced to prescribe drugs and who provide treatment to enrollees in such a plan. (6) Treatment of pharmacists as professional health care providers.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (DD); (B) by adding ``and'' at the end of subparagraph (EE); and (C) by inserting after subparagraph (EE), the following new subparagraph: ``(FF) pharmacist services;''. SEC. 4. PHARMACEUTICAL ACCESS PROGRAM. (a) Establishment.--Not later than January 1, 2011, the Secretary of Health and Human Services shall establish a pharmaceutical access program to provide affordable access to prescription drugs to individuals who receive drug benefits under Federal programs (except for the Medicaid program under title XIX of the Social Security Act). (b) Eligibility.--Any individual in a State shall be eligible to enroll in the program under subsection (a). (c) Fees.-- (1) In general.--A pharmacy that dispenses prescription drugs in the United States shall remit to the Secretary of Health and Human Services-- (A) $0.50 for each prescription dispensed by such pharmacy for a brand name drug; and (B) $1.00 for each prescription dispensed by such pharmacy for a generic drug. (2) Treatment for inflation.--The fees under paragraph (1) shall be adjusted annually for inflation, based on the consumer price index. (3) Treatment of medicaid programs.--The rule under paragraph (1) shall not apply to drugs dispensed under a State Medicaid program under title XIX of the Social Security Act. (4) Increase in professional dispensing fee for private plans.--The professional dispensing fee paid to pharmacies by a pharmacy benefit plan that is not funded by any Federal funds shall be increased by such plan sponsor-- (A) by $0.50 for each brand name prescription; and (B) by $1.00 for each generic prescription. (d) Use of Funds.--Funds generated under subsection (c) shall be used solely to provide affordable access to prescription drugs to low- income individuals who have enrolled in the program under subsection (a). SEC. 5. DEFINITIONS. For purposes of this Act: (1) Brand name drugs.--The term ``brand name drug'' means a prescription drug that is under patent by the drug's original manufacturer and is protected from competition by other manufacturers of prescription drugs. (2) Generic drug.--The term ``generic drug'' means a prescription drug that has lost patient protection provided to a single manufacturer or multiple manufacturers and is widely available from multiple manufacturers. (3) Pharmacy benefit plan.--The term ``pharmacy benefit plan'' means an insurance plan or insurance coverage that provides benefits for prescription drugs, including a group health plan (as such term is defined in section 733(a) of the Patient Health and Real Medication Access Cost Savings Act of 2009 (29 U.S.C. 1191b(a))) that provides prescription drug benefits. (4) Professional dispensing fee.--The term ``professional dispensing fee'' means the fee paid for the dispensing of a drug by the pharmacist and excludes any reimbursement for the cost of the drug. (5) Professional service fee.--The term ``professional service fee'' means a fee paid to a pharmacy for professional services preformed by a pharmacist, excluding dispensing drugs and any reimbursement for the cost of the drug. Such term may include medication reviews, injections, and cholesterol checks. (6) Rebate.--The term ``rebate'' means any item of value, including monetary value, that is distributed by the manufacturer conditional upon the receipt of a payment for drugs produced by such manufacturer.", "summary": "Patient Health and Real Medication Access Cost Savings Act of 2009 or the PHARMACY Bill - Declares that a consumer shall have the right to choose to purchase prescription drugs from any domestic pharmacy that meets all applicable federal and state license and permit requirements. Directs the Secretary of Health and Human Services (HHS) to issue regulations that: (1) prohibit a pharmacy benefit manager (PBM) from providing incentives to, encouraging, or requiring pharmacy benefit plan enrollees to use certain pharmacies or from excluding an eligible pharmacy from a plan's pharmacy network; (2) require a PBM to ensure that pharmacy benefit plan enrollees pay a specified copayment for brand name drugs; (3) require a PBM to reimburse a pharmacy in the network of a pharmacy benefit plan that is federally funded, at specified rates, for brand-name drugs, generic drugs, and additional professional services; (4) require a PBM to be reimbursed by a pharmacy benefit plan sponsor for adjudicating and processing claims; (5) limit the amount that a PBM charges a pharmacy benefit plan sponsor for a drug that is dispensed to enrollees to the amount the PBM paid the pharmacy for such drug; (6) require a manufacturer of prescription drugs to pay all rebates directly to the pharmacy benefit plan sponsor and not to a PBM; and (7) require a pharmacy benefit plan sponsor to provide a list of the wholesale acquisition costs of the top 500 most frequently prescribed drugs to physicians in a plan any insurance-related charge of which is underwritten by a federal, state, or local government. Amends title XVIII (Medicare) of the Social Security Act to include pharmacist services as \"medical and other health services\" under Medicare. Directs the Secretary, by January 1, 2011, to establish a pharmaceutical access program to provide affordable prescription drugs to individuals who receive drug benefits under federal programs (except Medicaid). Requires: (1) a pharmacy that dispenses prescription drugs in the United States to remit to the Secretary 50 cents for each brand name prescription and $1.00 for generic drug prescription dispensed; and (2) the sponsor of a pharmacy benefit plan that is not federally funded to increase the professional dispensing fee paid to pharmacies by the same amounts. Requires the use of funds generated from such fees to provide affordable access to prescription drugs to low-income individuals who have enrolled in the program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Parks Capital Improvements Act of 1996''. SEC. 2. DEFINITIONS. In this Act: (1) Fundraising organization.--The term ``fundraising organization'' means an entity authorized to act as a fundraising organization under section 3(a). (2) National park foundation.--The term ``National Park Foundation'' means the foundation established under the Act entitled ``An Act to establish the National Park Foundation'', approved December 18, 1967 (16 U.S.C. 19e et seq.). (3) Park.--The term ``park'' means-- (A) the Grand Canyon National Park; and (B) any other national park designated by the Secretary that has an approved general management plan with capital needs in excess of $5,000,000. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FUNDRAISING ORGANIZATION. (a) In General.--The Secretary may enter into a memorandum of agreement under section 4 with an entity to act as an authorized fundraising organization for the benefit of the park. (b) Bonds.--The fundraising organization shall issue taxable bonds in return for the park surcharge collected under section 5. (c) Professional Standards.--The fundraising organization shall abide by all relevant professional standards regarding the issuance of securities and shall comply with all Federal and State law. (d) Audit.--The fundraising organization shall be subject to an audit by the Secretary. (e) No Liability For Bonds.--The United States shall not be liable for the security of any bonds issued by the fundraising organization, except that if the surcharge specified in section 5(a) is not imposed for any reason or if such surcharge is reduced or eliminated, the full faith and credit of the United States is pledged to the payment of such bonds and the interest accruing on such bonds. SEC. 4. MEMORANDUM OF AGREEMENT. The fundraising organization shall enter into a memorandum of agreement that specifies-- (1) the amount of the bond issue; (2) the maturity of the bonds, not to exceed 20 years; (3) the per capita amount required to amortize the bond issue, provide for the reasonable costs of administration, and maintain a sufficient reserve consistent with industry standards; (4) any project that will be funded with the bond proceeds and the specific responsibilities of the Secretary and the fundraising organization with respect to the project; and (5) procedures for modifications of the agreement with the consent of both parties, including modifications relating to project priorities, based on changes in circumstances. SEC. 5. PARK SURCHARGE. (a) In General.--Notwithstanding any other provision of law, the Secretary of the Interior may authorize the Superintendent of the park to charge and collect, in addition to the entrance fee collected pursuant to section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a), a surcharge in an amount not to exceed $2 for each individual charged the entrance fee. (b) Use.--The surcharge shall be used by the fundraising organization to amortize the bond issue, provide for the reasonable costs of administration, and maintain a sufficient reserve consistent with industry standards. (c) Excess Funds.--Any funds collected in excess of the amount necessary to amortize the bond issue, pay reasonable administrative expenses, and maintain a sufficient reserve, as determined by the bond underwriter, shall be remitted to the National Park Foundation to be used for the benefit of all units of the National Park System. SEC. 6. USE OF BOND PROCEEDS. (a) Eligible Projects.-- (1) In general.--Subject to paragraph (2), bond proceeds under this Act may be used for a project for the design, construction, operation, maintenance, repair, or replacement of a facility in the park. No part of such proceeds (other than interest as provided in subsection (b)) may be used to defray administrative expenses. (2) Limitation.--A project referred to in paragraph (2) shall be consistent with-- (A) the laws governing the National Park System; (B) any law governing the park; and (C) the general management plan for the park. (b) Interest on Bond Proceeds.--(1) Any interest earned on bond proceeds may be used by the fundraising organization to-- (A) meet reserve requirements; and (B) defray administrative expenses incurred in connection with the management and sale of the bonds. (2) All interest on bond proceeds not used for purposes of paragraph (1) shall be remitted to the National Park Foundation for the benefit of all units of the National Park System. SEC. 7. ADMINISTRATION. The Secretary, in consultation with the Secretary of Treasury, shall issue regulations to carry out this Act.", "summary": "National Parks Capital Improvements Act of 1996 - Authorizes the Secretary of the Interior to enter into a memorandum of agreement with an entity to act as an authorized fundraising organization for the benefit of the Grand Canyon National Park and any other national park designated by the Secretary that has an approved general management plan with capital needs in excess of $5 million. Requires the organization to issue taxable bonds in return for a park surcharge. Exempts the United States from liability for the security of such bonds, unless the surcharge authorized under this Act is not imposed or is reduced or eliminated. Authorizes the Secretary to permit the Superintendent of the park to charge and collect, in addition to the park entrance fee, a surcharge of not to exceed two dollars per individual. Requires the fundraising organization to: (1) use the surcharge to amortize the bond issue, provide for the reasonable costs of administration, and maintain a sufficient reserve consistent with industry standards; and (2) remit any excess funds to the National Park Foundation (NPF) to be used for the benefit of all National Park System (NPS) units. Allows bond proceeds to be used for a park facility project that is consistent with: (1) the laws governing the NPS and the park; and (2) the general management plan for the park. Prohibits bond proceeds (other than interest) from being used to defray administrative expenses. Requires interest earned on bond proceeds to be used by the organization to meet reserve requirements and defray administrative expenses incurred in connection with the management and sale of the bonds, with any excess to be remitted to the NPF for the benefit of all NPS units."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Information Improvement Act''. SEC. 2. NONPREEMPTIBLE ADVERTISING; LOWEST UNIT CHARGES. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) in subsection (b)(1)-- (A) by striking ``forty-five'' and inserting in lieu thereof ``30''; (B) by striking ``sixty'' and inserting in lieu thereof ``45''; and (C) by striking ``lowest unit charge of the station for the same class and amount of time for the same period'' and insert ``lowest charge of the station for the same amount of time for the same time of day and day of week''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting immediately after subsection (b) the following new subsection: ``(c)(1) Except as provided in paragraph (2), a licensee shall not preempt the use, during any period specified in subsection (b)(1), of a broadcasting station by a legally qualified candidate for public office who has purchased and paid for such use pursuant to the provisions of subsection (b)(1). ``(2) If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''; and (4) in subsection (d) (as redesignated by paragraph (2) of this section)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end thereof the following new paragraph: ``(3) a station's lowest charge for purposes of paragraph (1)-- ``(A) with respect to a primary or primary runoff election, is determined for the interval beginning 60 days before such election and ending on the date of that election; and ``(B) with respect to a general or special election, is determined for the interval beginning 90 days before such election and ending on the date of that election.''. SEC. 3. FREE BROADCAST TIME FOR POLICY DEBATES. (a) Condition of License Renewal.--Section 309(h) of the Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting before the period at the end thereof the following: ``; and (4) every broadcast station license issued under this Act shall be subject to the free broadcast time obligations imposed by section 315(c)''. (b) Free-Time Obligations.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c)(1) Each license for a broadcasting station shall annually make available free broadcast time for policy debates in accordance with the requirements of this subsection. The Commission shall not renew the license of any licensee who substantially fails or refuses to comply with the requirements of this subsection, but such licensee shall not be subject to any other sanction or remedy for such failure or refusal. ``(2) A licensee subject to this subsection shall allot free broadcast time for policy debates in accordance with the following standards: ``(A) Such licensee shall allot not less than 30 minutes of free broadcast time during each even-numbered year to-- ``(i) the candidates for the House of Representatives of each qualified political party for any congressional district that falls within the grade B contour of such stations signal; and ``(ii) the candidates for the Senate of each qualified political party of the State within which the preponderance of the station's audience resides. ``(B) The broadcast time allotted by any licensee shall be allotted so that-- ``(i) the broadcast is during the hours of 7 to 10 p.m. on weekdays; and ``(ii) the broadcast is during the four weeks immediately preceding election day. ``(3) A political party shall be treated as a qualified political party for purposes of paragraph (2) if the candidate for President of such party in the most recent presidential election received more than 5 percent of the total number of votes cast by individuals for that office. ``(4) A licensee allots free broadcast time as required by this subsection by broadcasting the joint appearance by each of the candidates described in paragraph (2)(A) (i) or (ii) at a forum for the discussion of political issues, or, if any such candidate refuses to so appear, the appearance by the remainder of such candidates not refusing to appear. ``(5) Nothing in this subsection, and no use of free broadcast time allotted under this subsection, shall be construed to restrict or otherwise affect the purchase of advertising time under subsection (b) of this section.''. (c) Free Cable Time.--Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) A cable operator shall annually make available free cable time for policy debates in accordance with the requirements of regulations prescribed by the Commission. Such regulations shall, to the extent practicable, require each such cable operator to provide such free cable time in the same amounts and manner, to the same candidates, and subject to the same conditions as free broadcast time is required to be provided by broadcast station licensees under section 315(c) of this Act. No franchise authority shall renew the franchise of any cable operator who substantially fails or refuses to comply with such regulations, but such operator shall not be subject to any other sanction or remedy for such failure or refusal.''.", "summary": "Campaign Information Improvement Act - Amends the Communications Act of 1934 to: (1) limit the cost to qualified candidates of broadcasting time for pre-election political advertising to the lowest charge of the station for the same amount of time for the same time of day and day of the week; (2) prohibit any broadcast licensee from preempting the use of any such time purchased and paid for by a qualified candidate, unless the program during which the advertisement was scheduled to appear is preempted due to circumstances beyond the control of the broadcaster; (3) reduce the pre-election period during which the lowest charge is effective from 45 days to 30 days before primary elections and from 60 days to 45 days before general or special elections; and (4) specify that for purposes of calculating a station's lowest charge, broadcasters must consider the charges made during the 60-day period prior to a primary or primary runoff election and during the 90-day period before a general or special election. Requires radio broadcasting stations, in order to have their licenses renewed, to make available without charge not less than 30 minutes of broadcast time during appropriate viewing hours to candidates for the House and Senate within the four weeks preceding election day for policy debates. Imposes the same free-time obligations on cable television operators of channels for public, educational, or governmental use."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Safety Improvement Act of 2005''. SEC. 2. RAILWAY-ROAD GRADE CROSSINGS. (a) Elimination of Crossings.-- (1) In general.--Section 20134 of title 49, United States Code, is amended-- (A) in subsection (a), by inserting ``and motorists at railroad grade crossings'' after ``rights of way''; (B) by amending subsection (c) to read as follows: ``(c) Automated Video Image Analysis Pilot Program.--(1) The Secretary of Transportation, in consultation with the National Highway Traffic Safety Administration, shall establish a pilot program in the 5 States with the highest rates of collisions, injuries, and fatalities at highway-rail grade crossings that uses automated video image analysis technology to record violations by motorists at crossings equipped with automatic warning devices. ``(2) There are authorized to be appropriated such sums as may be necessary to carry out the program established under this paragraph (1).''; and (C) by adding at the end the following: ``(d) Plan to Eliminate Highway-Rail Grade Crossings.--(1) Not later than 1 year after the date of enactment of this subsection, the Secretary of Transportation, in consultation with appropriate transportation officials of States and units of local government with jurisdiction over highway-rail grade crossings, shall submit, to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a plan-- ``(A) for annually eliminating highway-rail grade crossings in the United States that, as of the date of enactment of this subsection-- ``(i) are considered by the Secretary of Transportation to pose a safety threat; and ``(ii) have insufficient or outdated protective equipment; ``(B) that includes guidelines for establishing new crossings, if necessary, through careful traffic, zoning, and land use planning; and ``(C) that includes an estimate of the cost to carry out subparagraph (A). ``(2) In determining the order for closing highway-rail grade crossings under the plan developed under paragraph (1), the Secretary shall give priority to crossings in States that are among the top 5 States in terms of-- ``(A) the number of accidents at highway-rail grade crossings per mile of railroad tract; ``(B) the number of highway-rail grade crossings with insufficient or outdated protective equipment; or ``(C) the number of rail lines with a high volume of goods movement. ``(3) In developing the plan under paragraph (1), the Secretary shall consider-- ``(A) the feasibility of closing and improving a group of highway-rail grade crossings in a single community; ``(B) the impact of closure on access by emergency vehicles; ``(C) traffic delays; ``(D) public inconvenience; and ``(E) the willingness of units of local government to participate in the elimination or consolidation of highway-rail grade crossings.''. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall update and reissue ``A Guide to Crossing Consolidation and Closure'', which was originally published in July 1994. (b) Grants to Improve the Safety of Railway-Highway Grade Crossings.--Section 130 of title 23, United States Code, is amended-- (1) in subsection (d)-- (A) by striking ``Each State'' and inserting the following: ``(1) In general.--Each State''; and (B) by adding at the end the following: ``(2) Federal safety review.--Using information compiled by States under paragraph (1), the Secretary of Transportation shall conduct a comprehensive review of the safety of all public railway-highway grade crossings in the United States. The matters reviewed shall include security measures, safety conditions, past accidents, possible safety improvements, and any other factors that the Secretary considers relevant. ``(3) Priority list.--Based on the information collected from the review conducted under paragraph (2), the Secretary of Transportation shall compile, maintain, and submit to Congress a list of the 5,000 railway-highway grade crossings most in need of safety improvements, grouped based on relative need for such improvements.''; (2) in subsection (f)-- (A) by striking ``and 50'' and inserting ``25''; and (B) by striking ``States.'' and inserting ``States, and 25 percent of such funds shall be apportioned to the States in the ratio that total highway and rail traffic through railway-highway crossings in each State bears to the total of such traffic in all States.''; (3) in subsection (i)(3)(B), by striking ``$7,500'' and inserting ``$15,000''; (4) by redesignating subsection (j) as subsection (k); and (5) by inserting after subsection (i) the following: ``(j) Railway-Highway Grade Crossing Safety Improvement Grants.-- ``(1) Grants authorized.--The Secretary of Transportation may award grants to States to make necessary safety improvements to the railway-highway grade crossings identified under subsection (d)(3). ``(2) Prioritization.--In awarding grants under this subsection, the Secretary shall-- ``(A) give priority to projects to install automated warning systems at railway-highway grade crossings in States with the highest number of accidents at such crossings; and ``(B) strive to reduce the number of railway- highway grade crossings without automated warning systems by not less than 50 percent. ``(3) Application.--Each State desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(4) Matching requirement.--The Secretary may not award a grant to a State under this subsection unless that State agrees that, with respect to the costs to be incurred by the State in carrying out the program for which the grant was awarded, the State will make available non-Federal contributions in an amount equal to not less than $1 for every $9 of Federal financial assistance provided under the grant.''. (c) Funding.--Section 104(d) of title 23, United States Code, is amended-- (1) by amending the subsection header to read as follows: ``Funds Reserved for Improving Safety at Railway-Highway Crossings''; (2) by adding at the end the following: ``(3) Railway-road grade crossing safety improvements.-- Before making an apportionment of funds under subsection (b)(3) for a fiscal year, the Secretary shall set aside $178,000,000 of the funds made available for the surface transportation program for the fiscal year for grants under section 130(j).''. SEC. 3. PENALTIES FOR VIOLATING CROSSING SIGNS, SIGNALS, OR GATES. (a) Prevention of Trespassing and Vandalism on Railroad Property.-- Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall-- (1) analyze Federal, State, and local laws for preventing and responding to trespassing and vandalism on railroad property; and (2) update model strategies to prevent such trespassing and vandalism. (b) Model Legislation.--Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation, after consultation with States, units of local government, and railroad carriers shall develop and make available model legislation providing for civil and criminal penalties for individuals who violate grade crossing signs, signals, or gates. SEC. 4. OPERATION LIFESAVER FUNDING. Section 104(d)(1) of title 23, United States Code, is amended by striking ``set aside'' and all that follows and inserting the following: ``set aside, to carry out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities, and to improve driver performance at railway-road crossings-- ``(1) $1,250,000 for fiscal year 2006; ``(2) $1,300,000 for fiscal year 2007; ``(3) $1,350,000 for fiscal year 2008; ``(4) $1,400,000 for fiscal year 2009; and ``(5) $1,460,000 for fiscal year 2010.''. SEC. 5. INSPECTIONS AND INVESTIGATIONS. (a) Annual Inspections.--Section 20107 of title 49, United States Code, is amended by adding at the end the following: ``(c) Annual Inspections.--The Secretary of Transportation, acting through the Administrator of the Federal Railroad Administration, shall, physically inspect, on an annual basis, not less than 2 percent of all highway-rail grade crossings in the 10 States with the highest rates of collisions at such crossings during the 3-year period ending on the date of enactment of this Act.''. (b) Accident Investigations.--Section 20902 of title 49, United States Code, is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Investigation of Fatal Accidents.-- ``(1) In general.--The Secretary of Transportation, acting through the Administrator of the Federal Railroad Administration, shall conduct an investigation of-- ``(A) all fatal accidents in the United States during the 1-year period ending on the date of enactment of this subsection; and ``(B) any fatal railroad accident occurring in the United States on or after the date of enactment of this subsection. ``(2) Report to congress.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit a report to Congress on the results of the investigations conducted under paragraph (1) during the 1- year period ending on the date of enactment of this Act and during each successive 1-year period.''. SEC. 6. DEFINITION. As used in this Act, and the amendments made by this Act, the term ``highway'' has the meaning given the term in section 101 of title 23, United States Code.", "summary": "Railroad Safety Improvement Act of 2005 - Amends federal transportation law to direct the Secretary of Transportation to establish an automated video image analysis pilot program in states with the highest rates of accidents at highway-rail grade crossings to record motorist violations at crossings equipped with automatic warning devices. Requires the Secretary to submit to Congress a plan to eliminate highway-rail grade crossings, with priority given to crossings where the number of accidents are high or there is insufficient or outdated protective equipment. Directs the Secretary to: (1) review the safety of all public railway-highway grade crossings in the United States; and (2) compile and submit to Congress, based on such review, a list of the 5,000 railway-highway grade crossings most in need of safety improvements. Authorizes the Secretary to award grants to states to make necessary improvements to crossings identified for elimination and improvement. Requires the Secretary, in awarding such grants, to: (1) give priority to projects to install automated warning systems at crossings in states with the highest number of accidents; and (2) strive to reduce the number of crossings without automated warning systems by not less than 50%. Directs the Secretary to: (1) analyze all laws for preventing trespassing and vandalism on railroad property; and (2) develop model legislation providing for civil and criminal penalties for individuals who violate grade crossing signs, signals, or gates. Requires the Secretary to inspect annually at least 2% of all highway-rail grade crossings in the 10 states with the highest rates of collisions at such crossings. Requires the Secretary to investigate, and report to Congress, all fatal accidents in the United States (including fatal railroad accidents) that occur on or after enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``SAFE Transitional License Act''. SEC. 2. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS. (a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.) is amended by adding at the end the following: ``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS. ``(a) Temporary Authority To Originate Loans for Loan Originators Moving From a Depository Institution to a Non-Depository Institution.-- ``(1) In general.--Upon employment by a State-licensed mortgage company, an individual who is a registered loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the individual-- ``(A) has not had an application for a loan originator license denied, or had such a license revoked or suspended in any governmental jurisdiction; ``(B) has not been subject to or served with a cease and desist order in any governmental jurisdiction or as described in section 1514(c); ``(C) has not been convicted of a felony that would preclude licensure under the law of the application State; ``(D) has submitted an application to be a State- licensed loan originator in the application State; and ``(E) was registered in the Nationwide Mortgage Licensing System and Registry as a loan originator during the 12-month period preceding the date of submission of the information required under section 1505(a). ``(2) Period.--The period described in this paragraph shall begin on the date on which the individual submits the information required under section 1505(a) and shall end on the earliest of-- ``(A) the date on which the individual withdraws the application to be a State-licensed loan originator in the application State; ``(B) the date on which the application State denies, or issues a notice of intent to deny, the application; ``(C) the date on which the application State grants a State license; or ``(D) the date that is 120 days after the date on which the individual submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete. ``(b) Temporary Authority To Originate Loans for State-Licensed Loan Originators Moving Interstate.-- ``(1) In general.--A State-licensed loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the State-licensed loan originator-- ``(A) meets the requirements of subparagraphs (A), (B), (C), and (D) of subsection (a)(1); ``(B) is employed by a State-licensed mortgage company in the application State; and ``(C) was licensed in a State that is not the application State during the 30-day period preceding the date of submission of the information required under section 1505(a) in connection with the application submitted to the application State. ``(2) Period.--The period described in this paragraph shall begin on the date on which the State-licensed loan originator submits the information required under section 1505(a) in connection with the application submitted to the application State and end on the earliest of-- ``(A) the date on which the State-licensed loan originator withdraws the application to be a State- licensed loan originator in the application State; ``(B) the date on which the application State denies, or issues a notice of intent to deny, the application; ``(C) the date on which the application State grants a State license; or ``(D) the date that is 120 days after the date on which the State-licensed loan originator submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete. ``(c) Applicability.-- ``(1) Employer of loan originators.--Any person employing an individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State. ``(2) Engaging in mortgage loan activities.--Any individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section and who engages in residential mortgage loan origination activities shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State. ``(d) Definitions.--In this section, the following definitions shall apply: ``(1) Application state.--The term `application State' means a State in which a registered loan originator or a State- licensed loan originator seeks to be licensed. ``(2) State-licensed mortgage company.--The term `State- licensed mortgage company' means an entity licensed or registered under the law of any State to engage in residential mortgage loan origination and processing activities.''. (b) Table of Contents Amendment.--The table of contents in section 1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501 note) is amended by inserting after the item relating to section 1517 the following: ``Sec. 1518. Employment transition of loan originators.''. (c) Effective Date.--This section and the amendments made by this section shall take effect on the date that is 18 months after the date of enactment of this Act.", "summary": "SAFE Transitional License Act This bill amends the S.A.F.E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1) from one state to another, or (2) from a depository institution to a non-depository institution."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Hate Crimes Hotline Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Nationwide, the number of hate groups in the United States increased by 14 percent in 2015 according to the Southern Poverty Law Center. (2) According to the Federal Bureau of Investigation, of the hate crimes in 2015, 59.2 percent of the offenses were racially motived, 19.4 percent were motivated by anti-LGBT animus, and 19.7 percent targeted religion. (3) In 2015, according to the Federal Bureau of Investigation, 4,482 individuals were victims of crimes against persons, and 57.5 percent of these individuals were victims of assault. (4) According to the Bureau of Justice Statistics, an average of more than 250,000 people a year are victims of hate crimes, but most incidents are not reported. SEC. 3. NATIONAL HATE CRIME HOTLINE AND HATE CRIME INFORMATION AND ASSISTANCE WEBSITE. (a) In General.--The Attorney General may award one or more grants to private, nonprofit entities-- (1) to provide for the establishment and operation of a national, toll-free telephone hotline to provide information and assistance to victims of hate crimes (hereafter in this section referred to as the ``national hate crime hotline''); and (2) to provide for the establishment and operation of a highly secure Internet website to provide that information and assistance to such victims (hereafter in this section referred to as the ``hate crime information and assistance website''). (b) Duration.--A grant under this section may extend over a period of not more than 5 years. (c) Annual Approval.--The provision of payments under a grant awarded under this section shall be subject to annual approval by the Attorney General and subject to the availability of appropriations for each fiscal year to make the payments. (d) Hotline Activities.--An entity that receives a grant under this section for activities described, in whole or in part, in subsection (a)(1) shall use funds made available through the grant to establish and operate a national hate crime hotline. In establishing and operating the hotline, the entity shall-- (1) contract with a carrier for the use of a toll-free telephone line; (2) employ, train (including technology training), and supervise personnel to answer incoming calls and provide counseling and referral services to callers on a 24-hour-a-day basis; (3) assemble and maintain a current database of information relating to services for victims of hate crimes to which callers throughout the United States may be referred; (4) publicize the national hate crime hotline to potential users throughout the United States; and (5) be prohibited from asking hotline callers about their citizenship status. (e) Secure Website Activities.-- (1) In general.--An entity that receives a grant under this section for activities described, in whole or in part, in subsection (a)(2) shall use funds made available through the grant to provide grants for startup and operational costs associated with establishing and operating a hate crime information and assistance website. (2) Availability.--The hate crime information and assistance website shall be available to the entity operating the national hate crime hotline. (3) Information.--The hate crime information and assistance website shall provide accurate information that describes the services available to victims of hate crimes, including health care and mental health services, social services, transportation, and other relevant services. (4) Rule of construction.--Nothing in this section shall be construed to require any shelter or service provider, whether public or private, to be linked to the hate crime information and assistance website or to provide information to the recipient of the grant described in paragraph (1) or to the website. (f) Application.--The Attorney General may not award a grant under this section unless the Attorney General approves an application for such grant. To be approved by the Attorney General under this subsection an application shall-- (1) contain such agreements, assurances, and information, be in such form, and be submitted in such manner, as the Attorney General shall prescribe through notice in the Federal Register; (2) in the case of an application for a grant to carry out activities described in subsection (a)(1), include a complete description of the applicant's plan for the operation of a national hate crime hotline, including descriptions of-- (A) the training program for hotline personnel, including technology training to ensure that all persons affiliated with the hotline are able to effectively operate any technological systems used by the hotline; (B) the hiring criteria for hotline personnel; (C) the methods for the creation, maintenance, and updating of a resource database; (D) a plan for publicizing the availability of the hotline; (E) a plan for providing service to non-English speaking callers, including service through hotline personnel who speak Spanish; and (F) a plan for facilitating access to the hotline by persons with hearing impairments; (3) in the case of an application for a grant to carry out activities described in subsection (a)(2)-- (A) include a complete description of the applicant's plan for the development, operation, maintenance, and updating of information and resources of the hate crime information and assistance website; (B) include a certification that the applicant will implement a high level security system to ensure the confidentiality of the website, taking into consideration the safety of hate crime victims; and (C) include an assurance that, after the third year of the website project, the recipient of the grant will develop a plan to secure other public or private funding resources to ensure the continued operation and maintenance of the website; (4) demonstrate that the applicant has recognized expertise in the area of hate crimes and a record of high quality service to victims of hate crimes, including a demonstration of support from advocacy groups; (5) demonstrate that the applicant has a commitment to diversity, and to the provision of services to ethnic, racial, religious, and non-English speaking minorities, in addition to older individuals, individuals with disabilities, and individuals of various gender, gender identity, and sexual orientation; and (6) contain such other information as the Attorney General may require. (g) Hate Crime Defined.--For purposes of this Act, the term ``hate crime'' means a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, sexual orientation, perceived sexual identification, or perceived gender identity of any person. (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $3,500,000 for each of fiscal years 2017 through 2021. (2) Website.--Of the amounts appropriated pursuant to paragraph (1) for a year, not less than 10 percent shall be used for purposes of carrying out subsection (a)(2). (3) Availability.--Funds authorized to be appropriated under paragraph (1) may remain available until expended. SEC. 4. LOCAL LAW ENFORCEMENT EDUCATION AND TRAINING GRANT PROGRAM. (a) In General.--The Attorney General may award grants to eligible State and local law enforcement entities for educational and training programs on solving hate crimes (as defined in section 1(g)) and establishing community dialogues with groups whose members are at-risk of being victims of such hate crimes. (b) Eligibility.--To be eligible to receive a grant under subsection (a), a State or local law enforcement entity must be in compliance with reporting requirements applicable to such entity pursuant to the Hate Crimes Statistics Act (28 U.S.C. 534 note). (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2017 and each succeeding fiscal year. SEC. 5. LOCAL RESOURCES TO COMBAT HATE CRIMES GRANT PROGRAM. (a) In General.--The Attorney General shall establish a grant program within the Office for Victims of Crime in the Office of Justice Programs, under which the Attorney General may award grants to local community-based organizations, nonprofit organizations, and faith-based organizations to establish or expand local programs and activities that serve targeted areas and that provide legal, health (including physical and mental health), and other support services to victims of hate crimes (as defined in section 1(g)). Grant funds may be used for activities including hiring counselors and providing training, resources, language support services, and information to such victims. (b) Targeted Area Defined.--For purposes of this section, the term ``targeted area'' means an area with a demonstrated lack of resources, as determined by the Attorney General, for victims of hate crimes. (c) Funding Restriction.--None of the funds from a grant made under this section may be used-- (1) by an organization that discriminates against an individual on the basis of religion; or (2) for purposes of promoting religious beliefs or views. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2017 and each succeeding fiscal year.", "summary": "National Hate Crimes Hotline Act of 2016 This bill authorizes the Department of Justice (DOJ) to award grants to: (1) private, nonprofit entities to establish and operate a national, toll-free telephone hotline and an Internet website to assist victims of hate crimes; and (2) state and local law enforcement entities for educational and training programs on solving hate crimes and establishing dialogues with members of at-risk communities. Additionally, the bill directs DOJ to establish a grant program for local organizations to establish or expand programs that provide services to victims of hate crimes."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Full Implementation and Enforcement Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Each year, more than 150,000,000 Americans regularly consume dietary supplements to maintain and improve their health. (2) Consumer expenditures on dietary supplements exceeded $25,000,000,000 in 2008. (3) Given the growing awareness of the importance of prevention and wellness in the health care system of the United States, it is vital that laws governing the safety of, and education about, dietary supplements be fully implemented and enforced. (4) In 1994, Congress approved, and the President signed into law, the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417) (referred to in this Act as ``DSHEA''). DSHEA balanced the importance of continuing consumer access to vitamins, minerals, and other dietary supplements, promoting scientific research on the benefits and risks of dietary supplements, and fostering public education on the benefits and risks of supplement use with the need for regulatory safeguards to protect consumer health, including a new standard for safety, penalties for mislabeled or adulterated dietary supplements, rules to ensure scientific substantiation of the claims made regarding dietary supplements, and a notification requirement to the Food and Drug Administration before dietary supplements that contain certain new dietary ingredients may be marketed. (5) DSHEA requires that claims made on dietary supplement labels, packaging, and accompanying material be truthful, non- misleading, and substantiated. Manufacturers are prohibited from making claims that products are intended to diagnose, treat, mitigate, cure, or prevent a disease. (6) DSHEA requires that dietary supplements comply with good manufacturing practice (referred to in this section as ``GMP'') requirements, and authorizes the Food and Drug Administration to establish such requirements. (7) In 2007, after many years of delay, the Food and Drug Administration published regulations detailing the GMP requirements for dietary supplements, including requirements for identity, purity, strength, sanitary conditions, and recordkeeping. The Food and Drug Administration began to enforce those requirements in 2008. (8) DSHEA requires that, before marketing a dietary supplement containing certain new dietary ingredients, the manufacturer or distributor must submit notice to the Food and Drug Administration that includes information showing that the dietary supplement will reasonably be expected to be safe. According to the Food and Drug Administration, the Food and Drug Administration has raised objections to more than 70 percent of all new dietary ingredient notifications submitted to the agency. (9) The Food and Drug Administration has successfully used the adulteration provisions of DSHEA to remove from the marketplace dietary supplements that present an unreasonable risk of injury or illness. (10) In 2002, Congress passed the Public Health Security and Bioterrorism Preparedness and Response Act (Public Law 107- 188). This law requires any facility engaged in manufacturing, processing, packing, or holding food for consumption in the United States, including dietary supplements, to be registered with the Food and Drug Administration. (11) In 2006, Congress supplemented DSHEA by approving the Dietary Supplement and Nonprescription Drug Consumer Protection Act (Public Law 109-462). This law requires dietary supplement manufacturers, packers, and distributors to report promptly to the Food and Drug Administration any reports the manufacturer or other responsible person receives of serious adverse events associated with the use of the products of such manufacturer or other responsible person. Information the Food and Drug Administration receives under this reporting requirement may help the agency detect possible safety problems related to dietary supplement products or ingredients. (12) DSHEA created the Office of Dietary Supplements within the National Institutes of Health to expand research and consumer information about the health effects of dietary supplements. The Office of Dietary Supplements has greatly expanded the number of scientific studies of dietary supplements and the availability of reliable information to consumers. (13) While the Food and Drug Administration has taken some important steps to implement and enforce DSHEA and the other laws governing the regulation of dietary supplements, the agency has not fully implemented and enforced DSHEA and the other laws governing the regulation of dietary supplements. (14) Both the public and regulated industry would benefit from more guidance from the Food and Drug Administration on the procedures and definitions concerning the regulation of new dietary ingredients under section 413 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350b). (15) If the Food and Drug Administration determines that a product labeled as a dietary supplement includes an anabolic steroid or an analogue of an anabolic steroid, the Food and Drug Administration does not systematically notify the Drug Enforcement Administration of that determination. (16) The Food and Drug Administration needs adequate resources to implement and enforce DSHEA and other laws governing the regulation of dietary supplements appropriately. Congress has appropriated additional funds over the last several years to implement and enforce DSHEA, reaching more than $14,000,000 for fiscal year 2009. (17) According to the Food and Drug Administration, full implementation of DSHEA and the other laws governing the regulation of dietary supplements would require substantial additional resources. In 2002, the Food and Drug Administration reported to Congress in writing that the agency would need between $24,000,000 and $65,000,000 per year to fully implement DSHEA. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that: (1) The Food and Drug Administration should increase efforts to implement DSHEA more fully and effectively, by-- (A) providing Congress with a professional judgment estimate of the annual costs during the 5-year period beginning on the date of enactment of this Act to fully implement and enforce DSHEA and other dietary supplement laws and regulations under the jurisdiction of the Food and Drug Administration; (B) conducting inspections, using appropriately trained inspection personnel, of all facilities in which a dietary supplement is manufactured, processed, packed, or held to ensure compliance with the new dietary supplement good manufacturing practices regulations; (C) using the authority under DSHEA to protect the public from unsafe dietary supplement products and ingredients and to ensure that claims made are truthful, non-misleading, and substantiated, with highest regulatory priority given to cases of clear violations of the law (including the intentional adulteration and spiking of products); (D) implementing the recommendations contained in the January 2009 report of the Government Accountability Office, entitled, ``Dietary Supplements: FDA Should Take Further Actions To Improve Oversight and Consumer Understanding'', (GAO 09-250) that the Food and Drug Administration-- (i) require all dietary supplement manufacturers, packers, and distributors to identify themselves specifically as such under existing registration requirements and to update such information annually; (ii) promptly issue guidance to clarify when a dietary supplement ingredient is a new dietary ingredient, the evidence needed to document the safety of new dietary ingredients, and appropriate methods for establishing the identity of a new dietary ingredient; and (iii) coordinate with stakeholder groups involved in consumer outreach to identify, implement, and evaluate the effectiveness of additional mechanisms for educating consumers about the safety, efficacy, and labeling of dietary supplements; and (E) notifying the Drug Enforcement Administration if the Food and Drug Administration determines that the information in a new dietary ingredient notification submitted under section 413 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350b) is inadequate to establish that the new dietary ingredient will reasonably be expected to be safe, because the dietary supplement may contain an anabolic steroid or an analogue of an anabolic steroid. (2) The manufacturers, packers, retailers, and distributors of dietary supplements and dietary supplement ingredients should increase efforts to-- (A) comply fully with all requirements of DSHEA and the Dietary Supplement and Nonprescription Drug Consumer Protection Act; (B) cooperate fully and appropriately with the Food and Drug Administration in implementation and enforcement of Federal laws and regulations; and (C) provide the Food and Drug Administration with appropriate input on known and suspected violations of such laws and regulations. SEC. 4. AUTHORIZATION OF APPROPRIATIONS AND ALLOCATION OF RESOURCES. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out the Dietary Supplement Health and Education Act of 1994, the amendments made by such Act, and other provisions under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that apply to dietary supplements, $30,000,000 for fiscal year 2011 and such sums as may be necessary for each of fiscal years 2012 through 2014. (b) Allocation of Funds for Fiscal Year 2010.--From funds appropriated to the Food and Drug Administration for fiscal year 2010 for the purpose of enhancing food safety, not less than $20,000,000 shall be expended to effectively and fully implement and enforce the Dietary Supplement Health and Education Act of 1994, the amendments made by such Act, and other provisions under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that apply to dietary supplements. (c) Office of Dietary Supplements.--There are authorized to be appropriated for expanded research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health-- (1) $40,000,000 for fiscal year 2010; and (2) such sums as may be necessary for each of the fiscal years 2011 through 2014. SEC. 5. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY SUPPLEMENTS. (a) In General.--Not later than January 31, 2011, and annually thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the implementation and enforcement of the Dietary Supplement Health and Education Act of 1994 and the amendments made by such Act. (b) Contents.--The report under subsection (a) shall include the following: (1) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to dietary supplement regulation during the prior fiscal year. (2) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to administering adverse event reporting systems, as such systems relate to dietary supplement regulation, during the prior fiscal year. (3) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to enforcement of dietary supplement labeling and claims requirements during the prior fiscal year and a brief explanation of the activities of such personnel. (4) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to the review and enforcement of good manufacturing practice requirements with respect to dietary supplements during the prior fiscal year. (5) The number of inspections at which the Food and Drug Administration evaluated or reviewed the compliance of a manufacturer with good manufacturing practices for dietary supplements during the prior fiscal year, and the number of times the Food and Drug Administration issued a warning letter because it determined that such manufacturer was not in compliance with some aspect of such requirements. (6) The number of new dietary ingredient notification reviews that the Food and Drug Administration performed during the prior fiscal year and the number of times the Food and Drug Administration objected to the marketing of the dietary supplement described in such notification reviews. (7) The number of times the Food and Drug Administration issued a warning letter or initiated an enforcement action against a manufacturer or distributor for failure to file a new dietary ingredient notification as required under section 413 of the Federal Food, Drug, and Cosmetic Act. (8) A brief summary and explanation of all enforcement actions taken by the Food and Drug Administration and the Department of Health and Human Services related to dietary supplements during the prior fiscal year, including the number and type of actions. (9) The number of times the Food and Drug Administration requested substantiation of dietary supplement claims from a manufacturer during the prior fiscal year, the number of times a manufacturer refused to provide such information, and the response of the agency in such situations. (10) The number of dietary supplement claims determined by the Food and Drug Administration during the prior fiscal year to be false, misleading, or not substantiated, and a description of the follow-up action taken by the agency in such instances. (11) The research and consumer education activities supported by the Office of Dietary Supplements of the National Institutes of Health during the prior fiscal year. (12) Any recommendations for administrative or legislative actions to improve the regulation of dietary supplements. (13) Any other information regarding the regulation of dietary supplements determined appropriate by the Secretary of Health and Human Services or the Commissioner of Food and Drugs. SEC. 6. NEW DIETARY INGREDIENTS. (a) Guidelines for Introducing New Dietary Ingredients.--Section 413 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350b) is amended-- (1) by redesignating subsection (c) as subsection (e); and (2) by inserting after subsection (b) the following: ``(c) Guidelines.--Not later than 180 days after the date of enactment of the Dietary Supplement Full Implementation and Enforcement Act of 2010, the Secretary shall publish guidance that clarifies when a dietary supplement ingredient is a new dietary ingredient, when the manufacturer or distributor of a dietary ingredient or dietary supplement should provide the Secretary with information as described in subsection (a)(2), the evidence needed to document the safety of new dietary ingredients, and appropriate methods for establishing the identity of a new dietary ingredient. ``(d) Notification to DEA.-- ``(1) In general.--If the Secretary determines that the information in a new dietary ingredient notification submitted under this section for an article purported to be a new dietary ingredient is inadequate to establish that a dietary supplement containing such article will reasonably be expected to be safe because the article may be, or may contain, an anabolic steroid or an analogue of an anabolic steroid, the Secretary shall notify the Drug Enforcement Administration of such determination. Such notification by the Secretary shall include, at a minimum, the name of the product or article, the name of the person or persons who marketed the product or made the submission of information regarding the article to the Secretary under this section, and any contact information for such person or persons that the Secretary has. ``(2) Definitions.--For purposes of this subsection-- ``(A) the term `anabolic steroid' has the meaning given such term in section 102(41) of the Controlled Substances Act; and ``(B) the term `analogue of an anabolic steroid' means a substance whose chemical structure is substantially similar to the chemical structure of an anabolic steroid.''.", "summary": "Dietary Supplement Full Implementation and Enforcement Act of 2010 - Authorizes appropriations for FY2011-FY2014 to carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA) and other provisions under the Federal Food, Drug, and Cosmetic Act (FFDCA) that apply to dietary supplements. Requires the allocation of funds appropriated to the Food and Drug Administration (FDA) for FY2010 for the purpose of enhancing food safety to be expended to effectively and fully implement and enforce DSHEA and other FFDCA provisions that apply to dietary supplements. Authorizes appropriations for FY2010-FY2014 for expanded research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health (NIH). Requires the Secretary of Health and Human Services (HHS) to report to Congress annually on the implementation and enforcement of DSHEA and its amendments. Amends the FFDCA to require the Secretary to publish guidance that clarifies when a dietary supplement ingredient is a new dietary ingredient, when the manufacturer or distributor of a dietary ingredient or dietary supplement should provide the Secretary with safety information, the evidence needed to document the safety of new dietary ingredients, and appropriate methods for establishing the identity of a new dietary ingredient. Requires the Secretary to notify the Drug Enforcement Agency (DEA) if information in a new dietary ingredient notification is inadequate to establish that a dietary supplement containing such ingredient will reasonably be expected to be safe because the ingredient may be, or may contain, an anabolic steroid or an analogue of an anabolic steroid."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Contractor Clarification Act of 1999''. SEC. 2. DETERMINATION OF EMPLOYEE AND EMPLOYER STATUS. (a) In General.--Subsection (c) of section 7701 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Employee and Employer.-- ``(1) In general.--For purposes of this title, except as otherwise expressly provided in this title-- ``(A) an individual (hereinafter in this subsection referred to as the `service provider') performing services for another person (hereinafter in this subsection referred to as the `service recipient') shall be treated as an employee of the service recipient, and ``(B) the service recipient shall be treated as the employer of such service provider, unless the requirements of each of the subparagraphs of paragraph (3) have been satisfied. ``(2) Repeal of common law tests.--The rules of this subsection shall apply in lieu of any common law rules which would otherwise apply. ``(3) Requirements.-- ``(A) Lack of control by service recipient.--The requirements of this subparagraph are met only if the service provider has the right, to the exclusion of the service recipient, to control and direct the manner of, and the means used in, the service provider's performance of services for the service recipient. ``(B) Availability of service to others.--The requirements of this subparagraph are met only if the service provider-- ``(i) makes substantially similar services available to others, and ``(ii) is not precluded by the service recipient from soliciting business opportunities that involve providing substantially similar services for other persons during the period that the service provider is providing services for the service recipient. ``(C) Entrepreneurial risk.--The requirements of this subparagraph are met only if-- ``(i) in the service provider's overall business activities, the service provider has the potential to generate profit and bears risk of loss and the extent to which profit is generated or loss is sustained depends on the service provider's efforts and decisions other than as to the amount of work performed, and ``(ii) in the event the service provider fails to perform the work in accordance with the service recipient's requirements, the service provider is either subject to liability to the service recipient for damages arising from claims sounding in contract or would be subject to such liability but for a waiver by the service recipient. ``(4) Person.--For purposes of this subsection, the term `person' includes any governmental unit (and any agency or instrumentality thereof).'' (b) Repeal of Section 530 of Revenue Act of 1978.--Section 530 of the Revenue Act of 1978 is hereby repealed. (c) Conforming Amendments.-- (1) Paragraph (2) of section 3121(d) of such Code is amended to read as follows: ``(2) any individual who is treated as an employee under section 7701(c); or''. (2) Paragraph (2) of section 210(j) of the Social Security Act is amended to read as follows: ``(2) any individual who is treated as an employee under section 7701(c) of the Internal Revenue Code of 1986; or''. (3) Subsection (a) of section 7701 of such Code is amended by inserting after paragraph (33) the following new paragraph: ``(34) Includes and including.--The terms `includes' and `including' when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined.'' (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to services performed after December 31, 2000. (2) Repeal of limitations on regulations and rulings.--The repeal made by subsection (b), insofar as it relates to section 530(b) of the Revenue Act of 1978, shall take effect on the date of the enactment of this Act; except that regulations and Revenue Rulings permitted to be issued by reason of such repeal may not apply to services performed before January 1, 2001. SEC. 3. LIMITATIONS ON RETROACTIVE EMPLOYMENT TAX RECLASSIFICATIONS. (a) General Rule.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions applicable to employment taxes) is amended by adding at the end the following new section: ``SEC. 3511. LIMITATIONS ON RETROACTIVE EMPLOYMENT TAX RECLASSIFICATIONS. ``(a) General Rule.--If-- ``(1) for purposes of employment taxes, the taxpayer treats an individual as not being an employee for any period after December 31, 2000, and ``(2) for such period, the taxpayer meets-- ``(A) the consistency requirements of subsection (b), ``(B) the return filing requirements of subsection (c), and ``(C) the safe harbor requirement of subsection (d), for purposes of applying this subtitle for such period, the individual shall be deemed not to be an employee of the taxpayer for such period. The preceding sentence shall cease to apply to periods beginning more than 60 days after the date that the Secretary notifies the taxpayer in writing of a final administrative determination that the taxpayer should treat such individual (or any individual holding a substantially similar position) as an employee. ``(b) Consistency Requirements.--A taxpayer meets the consistency requirements of this subsection with respect to any individual for any period if the taxpayer treats such individual (and all other individuals holding substantially similar positions) as not being an employee for purposes of the employment taxes for such period and all prior periods after December 31, 1978. ``(c) Return Filing Requirements.--The taxpayer meets the return filing requirements of this subsection with respect to any individual for any period if all Federal tax returns (including information returns) required to be filed by the taxpayer for such period with respect to such individual are filed on a basis consistent with the taxpayer's treatment of such individual as not being an employee. ``(d) Safe Harbors.-- ``(1) In general.--The taxpayer meets the safe harbor requirement of this subsection with respect to any individual for any period if the taxpayer establishes that its treatment of such individual as not being an employee for such period was-- ``(A) in reasonable reliance on a written determination (as defined in section 6110(b)(1)) issued to the taxpayer that addressed the employment status of the individual or an individual holding a substantially similar position with the taxpayer; ``(B) in reasonable reliance on a concluded Internal Revenue Service audit of the taxpayer in which the employment status of the individual or any individual holding a substantially similar position with the taxpayer was examined and the taxpayer was notified in writing that no change would be made to such individual's employment status; or ``(C) supported by substantial authority. For purposes of subparagraph (C), the term `substantial authority' has the same meaning as when used in section 6662(d)(2)(B)(i); except that such term shall not include (i) any private letter ruling issued to a person other than the taxpayer, and (ii) any authority that does not address the employment status of individuals holding positions substantially similar to that of the individual. ``(2) Special rules.-- ``(A) Application to pre-2001 determinations, etc.--Paragraph (1) shall apply without regard to whether the determination, audit, or the authority referred to therein was before January 1, 2001. ``(B) Subsequent authority.--The taxpayer shall not be considered to meet the safe harbor requirement of paragraph (1) with respect to any individual for any period if the treatment of such individual as not being an employee is inconsistent with any regulation, Revenue Ruling, Revenue Procedure, or other authority-- ``(i) which is published by the Secretary at least 60 days before the beginning of such period and after the date of the determination, the conclusion of the audit, or the substantial authority referred to in paragraph (1), and ``(ii) which applies to the type of services performed by such individual or the industry or business in which such services are performed. ``(3) Transitional rule.--Except as provided in paragraph (2)(B), the taxpayer shall be considered to meet the safe harbor requirement of paragraph (1) with respect to services performed by an individual during 2001 or 2002 if the taxpayer would be treated under section 530 of the Revenue Act of 1978 (as in effect on the day before the date of the enactment of this section) as having a reasonable basis for not treating such individual as an employee. ``(e) Other Special Rules.-- ``(1) Notice.--An officer or employee of the Internal Revenue Service shall, before or at the commencement of any audit inquiry relating to the employment status of one or more individuals who perform services for the taxpayer, provide the taxpayer with a written notice of the provisions of this section. ``(2) Availability of safe harbors.--Nothing in this section shall be construed to provide that this section only applies where the individual involved is otherwise an employee of the taxpayer. ``(f) Definitions and Special Rules.--For purposes of this section-- ``(1) Employment tax.--The term `employment tax' means any tax imposed by this subtitle. ``(2) Employment status.--The term `employment status' means the status of an individual as an employee or as an independent contractor (or other individual who is not an employee). ``(3) Taxpayer.--The term `taxpayer' includes any person or entity (including a governmental entity) which is (or would be but for this section) liable for any employment tax. Such term includes any predecessor or successor to the taxpayer. ``(4) Substantially similar position.--The determination as to whether an individual holds a position substantially similar to a position held by another individual shall include consideration of the relationship between the taxpayer and such individuals. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section.'' (b) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Limitations on retroactive employment tax reclassifications.'' (c) Effective Date.--The amendments made by this section shall apply to all periods beginning after December 31, 2000. SEC. 4. STATUTE OF LIMITATIONS ON ASSESSMENT OF EMPLOYMENT TAXES TO RUN BEGINNING ON DATE CERTAIN INFORMATION RETURNS FILED. (a) In General.--Subsection (b) of section 6501 of the Internal Revenue Code of 1986 (relating to limitations on assessment and collection) is amended by adding at the end the following new paragraph: ``(5) Certain information returns to begin limitation periods on employment taxes.--For purposes of this section, if-- ``(A) a return is filed under section 6041 or 6041A which specifies an amount of payments made to any individual for services performed by such individual, and ``(B) such payments are not taken into account in determining the taxes imposed by chapters 21 and 24, then, notwithstanding the last sentence of subsection (a), such return shall be treated as the return referred to in subsection (a) for purposes of determining the period of limitations with respect to such taxes on such services.'' (b) Effective Date.--The amendment made by this section shall apply to payments made after December 31, 2000.", "summary": "Sets forth restrictions on retroactive employment tax reclassifications, including safe harbor requirements. Provides that the statute of limitations on assessment of employment taxes shall run beginning on the date certain information returns (specifying payments to an individual for services performed where the payments are not taken into account in determining such taxes) are filed."}
{"article": "SECTION 1. SHORT TITLE; COORDINATION WITH TAXPAYER RELIEF ACT OF 1997. (a) Short Title.--This Act may be cited as the ``Higher Education Affordability and Availability Act''. (b) Coordination With Taxpayer Relief Act of 1997.--Any reference in this Act to any section of the Internal Revenue Code of 1986 amended or added by the Taxpayer Relief Act of 1997 shall be a reference to such section as so amended or added. SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS; COVERAGE OF PRIVATE PROGRAMS. (a) Exclusion.-- (1) In general.--Subparagraph (B) of section 529(c)(3) of the Internal Revenue Code of 1986 (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--If a distributee elects the application of this subparagraph for any taxable year-- ``(i) no amount shall be includible in gross income by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense, and ``(ii) the amount which (but for the election) would be includible in gross income by reason of any other distribution shall not be so includible in an amount which bears the same ratio to the amount which would be so includible as the amount of the qualified higher education expenses of the distributee bears to the amount of the distribution.'' (2) Additional tax on amounts not used for higher education expenses.--Section 529 of such Code is amended by adding at the end the following new subsection: ``(f) Additional Tax for Distributions Not Used for Educational Expenses.-- ``(1) In general.--The tax imposed by section 530(d)(4) shall apply to payments and distributions from qualified tuition programs in the same manner as such tax applies to education individual retirement accounts. ``(2) Excess contributions returned before due date of return.--Paragraph (1) shall not apply to the distribution to a contributor of any contribution paid during a taxable year to a qualified tuition program to the extent that such contribution exceeds the limitation in section 4973(e) if such distribution (and the net income with respect to such excess contribution) meets requirements comparable to the requirements of clauses (i) and (ii) of section 530(d)(4)(C).'' (3) Coordination with education credits.--Section 25A(e)(2) of such Code is amended by inserting ``529(c)(3)(B) or'' before ``530(d)(2)''. (4) Effective date.--The amendments made by this subsection shall apply to distributions after December 31, 1997, for education furnished in academic periods beginning after such date. (b) Eligible Educational Institutions Permitted To Maintain Qualified Tuition Programs.-- (1) In general.--Paragraph (1) of section 529(b) of such Code (defining qualified State tuition program) is amended by inserting ``or by one or more eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (2) Limitation on contributions to qualified tuition programs not maintained by a state.--Subsection (b) of section 529 of such Code is amended by adding at the end the following new paragraph: ``(8) Limitation on contributions to qualified tuition programs not maintained by a state.--In the case of a program not maintained by a State or agency or instrumentality thereof, such program shall not be treated as a qualified tuition program unless it limits the annual contribution to the program on behalf of a designated beneficiary to $5,000.'' (3) Tax on excess contributions.-- (A) In general.--Subsection (a) of section 4973 of such Code is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) a qualified tuition program (as defined in section 529) not maintained by a State or any agency or instrumentality thereof, or''. (B) Excess contributions defined.--Section 4973(e) of such Code is amended to read as follows: ``(e) Excess Contributions to Private Qualified Tuition Program and Education Individual Retirement Accounts.--For purposes of this section-- ``(1) In general.--In the case of private education investment accounts maintained for the benefit of any 1 beneficiary, the term `excess contributions' means the amount by which the amount contributed for the taxable year to such accounts exceeds $5,000. ``(2) Private education investment account.--For purposes of paragraph (1), the term `private education investment account' means-- ``(A) a qualified tuition program (as defined in section 529) not maintained by a State or any agency or instrumentality thereof, and ``(B) an education individual retirement account (as defined in section 530). ``(3) Special rules.--For purposes of paragraph (1), the following contributions shall not be taken into account: ``(A) Any contribution which is distributed out of the education individual retirement account in a distribution to which section 530(d)(4)(C) applies. ``(B) Any contribution to a qualified tuition program (as so defined) described in section 530(b)(2)(B) from any such account. ``(C) Any rollover contribution.'' (4) Conforming amendments.-- (A) Paragraph (2) of section 26(b) of such Code is amended by redesignating subparagraphs (E) through (Q) as subparagraphs (F) through (R), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) section 529(f) (relating to additional tax on certain distributions from qualified tuition programs),''. (B) The text and headings of sections 529 and 530 of such Code are amended by striking ``qualified State tuition program'' each place it appears and inserting ``qualified tuition program''. (C)(i) The section heading of section 529 of such Code is amended to read as follows: ``SEC. 529. QUALIFIED TUITION PROGRAMS.'' (ii) The item relating to section 529 of such Code in the table of sections for part VIII of subchapter F of chapter 1 is amended by striking ``State''. (5) Effective date.--The amendments made by this subsection shall take effect on January 1, 1998. (c) Change of Qualified Tuition Program or of Designated Beneficiary.-- (1) In general.--Clause (i) of section 529(c)(3)(C) of such Code is amended by inserting ``to another qualified tuition program for the benefit of the designated beneficiary or'' after ``transferred''. (2) Inclusion of siblings as member of family.--Paragraph (e)(2) of section 529(e) of such Code is amended by inserting before the period at the end the following: ``, except that such term shall include any sibling (whether by the whole or half blood) of the designated beneficiary''. (3) Effective date.--The amendments made by this subsection shall take effect on January 1, 1998.", "summary": "Higher Education Affordability and Availability Act - Amends the Internal Revenue Code (as revised by the Taxpayer Relief Act of 1997) to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses. Includes within the definition of \"qualified State tuition program\" programs maintained by eligible educational institutions. Requires such non-State programs to limit annual contributions on behalf of a designated beneficiary to $5,000. Sets forth related excess contribution provisions."}
{"article": "SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Puerto Rico Economic Activity Credit Improvement Act of 1999''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. MODIFICATIONS OF PUERTO RICO ECONOMIC ACTIVITY CREDIT. (a) Corporations Eligible To Claim Credit.--Section 30A(a)(2) (defining qualified domestic corporation) is amended to read as follows: ``(2) Qualified domestic corporation.--For purposes of paragraph (1)-- ``(A) In general.--A domestic corporation shall be treated as a qualified domestic corporation for a taxable year if it is actively conducting within Puerto Rico during the taxable year-- ``(i) a line of business with respect to which the domestic corporation is an existing credit claimant under section 936(j)(9), or ``(ii) an eligible line of business not described in clause (i). ``(B) Limitation to lines of business.--A domestic corporation shall be treated as a qualified domestic corporation under subparagraph (A) only with respect to the lines of business described in subparagraph (A) which it is actively conducting in Puerto Rico during the taxable year. ``(C) Exception for corporations electing reduced credit.--A domestic corporation shall not be treated as a qualified domestic corporation if such corporation (or any predecessor) had an election in effect under section 936(a)(4)(B)(iii) for any taxable year beginning after December 31, 1996.'' (b) Application on Separate Line of Business Basis; Eligible Line of Business.--Section 30A is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Application on Line of Business Basis; Eligible Lines of Business.--For purposes of this section-- ``(1) Application to separate line of business.-- ``(A) In general.--In determining the amount of the credit under subsection (a), this section shall be applied separately with respect to each substantial line of business of the qualified domestic corporation. ``(B) Exceptions for existing credit claimant.-- This paragraph shall not apply to a substantial line of business with respect to which the qualified domestic corporation is an existing credit claimant under section 936(j)(9). ``(C) Allocation.--The Secretary shall prescribe rules necessary to carry out the purposes of this paragraph, including rules-- ``(i) for the allocation of items of income, gain, deduction, and loss for purposes of determining taxable income under subsection (a), and ``(ii) for the allocation of wages, fringe benefit expenses, and depreciation allowances for purposes of applying the limitations under subsection (d). ``(2) Eligible line of business.--The term `eligible line of business' means a substantial line of business in any of the following trades or businesses: ``(A) Manufacturing. ``(B) Agriculture. ``(C) Forestry. ``(D) Fishing. ``(3) Substantial line of business.--For purposes of this subsection, the determination of whether a line of business is a substantial line of business shall be determined by reference to 2-digit codes under the North American Industry Classification System (62 Fed. Reg. 17288 et seq., formerly known as `SIC codes').'' (c) Repeal of Base Period Cap.-- (1) In general.--Section 30A(a)(1) (relating to allowance of credit) is amended by striking the last sentence. (2) Conforming amendment.--Section 30A(e)(1) is amended by inserting ``but not including subsection (j)(3)(A)(ii) thereof'' after ``thereunder''. (d) Application of Credit.--Section 30A(h) (relating to applicability of section), as redesignated by subsection (b), is amended by striking ``January 1, 2006'' and inserting ``January 1, 2009''. (e) Conforming Amendments.-- (1) Section 30A(b) is amended by striking ``within a possession'' each place it appears and inserting ``within Puerto Rico''. (2) Section 30A(d) is amended by striking ``possession'' each place it appears. (3) Section 30A(f) is amended to read as follows: ``(f) Definitions.--For purposes of this section-- ``(1) Qualified income taxes.--The qualified income taxes for any taxable year allocable to nonsheltered income shall be determined in the same manner as under section 936(i)(3). ``(2) Qualified wages.--The qualified wages for any taxable year shall be determined in the same manner as under section 936(i)(1). ``(3) Other terms.--Any term used in this section which is also used in section 936 shall have the same meaning given such term by section 936.'' (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 3. COMPARABLE TREATMENT FOR OTHER ECONOMIC ACTIVITY CREDIT. (a) Corporations Eligible To Claim Credit.--Section 936(j)(2)(A) (relating to economic activity credit) is amended to read as follows: ``(A) Economic activity credit.-- ``(i) In general.--In the case of a domestic corporation which, during the taxable year, is actively conducting within a possession other than Puerto Rico-- ``(I) a line of business with respect to which the domestic corporation is an existing credit claimant under paragraph (9), or ``(II) an eligible line of business not described in subclause (I), the credit determined under subsection (a)(1)(A) shall be allowed for taxable years beginning after December 31, 1995, and before January 1, 2002. ``(ii) Limitation to lines of business.-- Clause (i) shall only apply with respect to the lines of business described in clause (i) which the domestic corporation is actively conducting in a possession other than Puerto Rico during the taxable year. ``(iii) Exception for corporations electing reduced credit.--Clause (i) shall not apply to a domestic corporation if such corporation (or any predecessor) had an election in effect under subsection (a)(4)(B)(iii) for any taxable year beginning after December 31, 1996.'' (b) Application on Separate Line of Business Basis; Eligible Line of Business.-- (1) In general.--Section 936(j) is amended by adding at the end the following new paragraph: ``(11) Application on line of business basis; eligible lines of business.--For purposes of this section-- ``(A) Application to separate line of business.-- ``(i) In general.--In determining the amount of the credit under subsection (a)(1)(A) for a corporation to which paragraph (2)(A) applies, this section shall be applied separately with respect to each substantial line of business of the corporation. ``(ii) Exceptions for existing credit claimant.--This paragraph shall not apply to a line of business with respect to which the qualified domestic corporation is an existing credit claimant under paragraph (9). ``(iii) Allocation.--The Secretary shall prescribe rules necessary to carry out the purposes of this subparagraph, including rules-- ``(I) for the allocation of items of income, gain, deduction, and loss for purposes of determining taxable income under subsection (a)(1)(A), and ``(II) for the allocation of wages, fringe benefit expenses, and depreciation allowances for purposes of applying the limitations under subsection (a)(4)(A). ``(B) Eligible line of business.--For purposes of this subsection, the term `eligible line of business' means a substantial line of business in any of the following trades or businesses: ``(i) Manufacturing. ``(ii) Agriculture. ``(iii) Forestry. ``(iv) Fishing.'' (2) New lines of business.--Section 936(j)(9)(B) is amended to read as follows: ``(B) New lines of business.--A corporation shall not be treated as an existing credit claimant with respect to any substantial new line of business which is added after October 13, 1995, unless such addition is pursuant to an acquisition described in subparagraph (A)(ii).'' (3) Separate lines of business.--Section 936(j), as amended by paragraph (1), is amended by adding at the end the following new paragraph: ``(12) Substantial line of business.--For purposes of this subsection (other than paragraph (9)(B) thereof), the determination of whether a line of business is a substantial line of business shall be determined by reference to 2-digit codes under the North American Industry Classification System (62 Fed. Reg. 17288 et seq., formerly known as `SIC codes').'' (c) Repeal of Base Period Cap for Economic Activity Credit.-- (1) In general.--Section 936(j)(3) is amended to read as follows: ``(3) Additional restricted reduced credit.-- ``(A) In general.--In the case of an existing credit claimant to which paragraph (2)(B) applies, the credit determined under subsection (a)(1)(A) shall be allowed for any taxable year beginning after December 31, 1998, and before January 1, 2006, except that the aggregate amount of taxable income taken into account under subsection (a)(1)(A) for such taxable year shall not exceed the adjusted base period income of such claimant. ``(B) Coordination with subsection (a)(4)(B).--The amount of income described in subsection (a)(1)(A) which is taken into account in applying subsection (a)(4)(B) shall be such income as reduced under this paragraph.'' (2) Conforming amendments.-- (A) Section 936(j)(2)(A), as amended by subsection (a), is amended by striking ``2002'' and inserting ``2006''. (B) Section 30A(e)(1), as amended by section 2(c)(2), is amended by striking ``subsection (j)(3)(A)(ii)'' and inserting ``the exception under subsection (j)(3)(A)''. (d) Application of Credit.-- (1) In general.--Section 936(j)(2)(A), as amended by this section, is amended by striking ``January 1, 2006'' and inserting ``January 1, 2009''. (2) Special rules for applicable possessions.--Section 936(j)(8)(A) is amended to read as follows: ``(A) In general.--In the case of an applicable possession-- ``(i) this section (other than the preceding paragraphs of this subsection) shall not apply for taxable years beginning after December 31, 1995, and before January 1, 2006, with respect to any substantial line of business actively conducted in such possession by a domestic corporation which is an existing credit claimant with respect to such line of business, and ``(ii) this section (including this subsection) shall apply-- ``(I) with respect to any substantial line of business not described in clause (i) for taxable years beginning after December 31, 1998, and before January 1, 2009, and ``(II) with respect to any substantial line of business described in clause (i) for taxable years beginning after December 31, 2006, and before January 1, 2009.'' (e) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. (2) New lines of business.--The amendment made by subsection (b)(2) shall apply to taxable years beginning after December 31, 1995.", "summary": "Puerto Rico Economic Activity Credit Improvement Act of 1999 - Amends the Internal Revenue Code to modify the requirements for corporations to be eligible for the Puerto Rico economic activity credit. Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation. Removes provisions limiting, in taxable years beginning after 2001, the aggregate taxable income taken into account in determining the amount of the credit. Amends provisions relating to the Puerto Rico and possession tax credit to modify, with respect to possessions other than Puerto Rico, corporate eligibility requirements. Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation. Modifies additional restricted credit requirements. Sets forth credit rules applicable to Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Defense Science and Technology Investment Act of 1998''. SEC. 2. FINDINGS. The Congress of the United States finds the following: (1) To provide for the national security of the United States in the 21st century, the U.S. military must be able to dominate the full range of military operations, from humanitarian assistance to full-scale conflict. The keys to achieving this ``Full Spectrum Dominance,'' as described in the Department of Defense's ``Joint Vision 2010,'' are technological innovation and information superiority. (2) The global spread of advanced technology is transforming the military threats faced by the United States and will challenge our ability to achieve Full Spectrum Dominance. Some of the major technological challenges our military face include information warfare; proliferating weapons of mass destruction; inexpensive, precise, cruise missiles; and increasingly difficult operations in urban environments. (3) The United States is now in a relatively secure interlude in its international relations, but the future security environment is very uncertain. Thus, now is the time to focus our Defense investments on the research and experimentation needed to meet new and undefined threats and achieve Full Spectrum Dominance. (4) The Department of Defense has been the preeminent Federal agency supporting research in engineering, mathematics, and computer science, and a key supporter of research in the physical and environmental sciences. These disciplines remain critical to achieving information superiority and maintaining technological innovation in our military. The Department of Energy has played a critical role in supporting the research needed to limit the spread of weapons of mass destruction. No other organizations, public or private, can be expected to substitute for the role of the Department of Defense and Department of Energy in these research areas. (5) However, the current budget plan for the Defense Science and Technology Program is essentially flat in real terms through fiscal year 2003. The planned budget for nonproliferation science and technology activities at the Department of Energy will decline. (6) These budget plans are not consistent with the vision of Full Spectrum Dominance, the threats or uncertainties on the horizon, or the opportunity presented by the current state of international relations. The planned level of investment could pose a serious threat to our national security in the next 15 years, given the usual time it takes from the start of Defense research to achieving new military capabilities. (7) Consequently, the Congress must act to establish a long-term vision for the Defense Science and Technology Program's funding if the United States is to encourage the research and experimentation needed to seize the current opportunity and begin transforming our military to meet the new threats and achieve Full Spectrum Dominance early in the next century. (8) The Congress must also act to establish a robust long- term vision and funding plan in support of nonproliferation science and technology activities at the Department of Energy. SEC. 3. PURPOSE AND FUNDING REQUIREMENTS. (a) Purpose.--The purpose of this Act is to create a ten-year budget plan to support the disciplines, research, and concept of operations experimentation that will transform our military and reduce the threat from weapons of mass destruction early in the next century. (b) Funding Requirements.-- (1) Defense science and technology program budget.--For each year from fiscal year 2000 until fiscal year 2008, it shall be an objective of the Secretary of Defense to increase the Defense Science and Technology Program budget by no less than 2.0 percent over inflation greater than the previous fiscal year's budget request. (2) Nonproliferation science and technology activities budget.--For each year from fiscal year 2000 until fiscal year 2008, it shall be an objective of the Secretary of Energy to increase the budget for nonproliferation science and technology activities by no less than 2.0 percent a year over inflation greater than the previous fiscal year's budget request. SEC. 4. GUIDELINES FOR THE DEFENSE SCIENCE AND TECHNOLOGY PROGRAM. (a) Synergistic Management of Research and Development.--The Secretary of Defense may allocate a combination of funds from Department of Defense 6.1, 6.2, or 6.3 accounts in supporting any individual project or program of the Defense Science and Technology Program. (b) Relationship of the Defense Science and Technology Program to Commercial Research and Technology.-- (1) In supporting projects within the Defense Science and Technology Program, the Secretary of Defense shall attempt to leverage commercial research, technology, products, and processes for the benefit of the Department of Defense to the maximum extent practicable. (2) Funds made available to the Defense Science and Technology Program must only be used to benefit the Department of Defense, which includes-- (A) the development of defense unique technology; (B) the development of military useful, commercial viable technology; or (C) the adaption of commercial technology, products, or processes for military purposes. (c) Relationship of Defense Science and Technology Program to University Research.--The following shall be key objectives of the Defense Science and Technology Program-- (1) the sustainment of research capabilities in scientific and engineering disciplines critical to the Department of Defense; (2) the education and training of the next generation of scientists and engineers in disciplines relevant to future Defense systems, particularly through the conduct of basic research; and (3) the continued support of the Defense Experimental Program to Stimulate Competitive Research and research programs at Historically Black Colleges and Universities and Minority Institutions. SEC. 5. DEFINITIONS. As used in this Act-- (1) Defense science and technology program.--The term ``Defense Science and Technology Program'' means work funded in Department of Defense accounts 6.1, 6.2, or 6.3; and (2) Nonproliferation science and technology activities.-- The term ``nonproliferation science and technology activities'' means work related to preventing and countering the proliferation of weapons of mass destruction that is funded by the Department of Energy under the following programs and projects of the Department's Office of Nonproliferation and National Security and Office of Defense Programs; (A) the Verification and Control Technology program within the Office of Nonproliferation and National Security; (B) projects under the ``Technology and Systems Development'' element of the Nuclear Safeguards and Security program within the Office of Nonproliferation and National Security; (C) projects relating to a national capability to assess the credibility of radiological and extortion threats, or to combat nuclear materials trafficking or terrorism, under the Emergency Management program within the Office of Nonproliferation and National Security; (D) projects relating to developing or integrating new technology to respond to emergencies and threats involving the presence, or possible presence, of weapons of mass destruction; radiological emergencies; and related terrorist threats, under the Office of Defense Programs; and (E) program direction costs for the programs and projects funded under subparagraphs (A) through (D).", "summary": "National Defense Science and Technology Investment Act of 1998 - States that, for each year from FY 2000 until 2008, it shall be an objective of the Secretary of: (1) Defense to increase the Defense Science and Technology Program (DSTP) budget by not less than two percent over inflation over the year before; and (2) Energy to increase the budget for nonproliferation science and technology activities by not less than two percent over inflation over the year before. Authorizes the Secretary of Defense to expend funds from Department of Defense (DOD) 6.1, 6.2, or 6.3 accounts in supporting any individual DSTP project or program. Directs the Secretary to attempt to leverage commercial research, technology, products, and processes for the benefit of DOD. Allows funds made available to the DSTP to be used only to benefit DOD. Includes as key DSTP objectives: (1) the sustainment of research capabilities in scientific and engineering disciplines critical to DOD; (2) the education and training of the next generation of scientists and engineers in disciplines relevant to future defense systems; and (3) the continued support of the Defense Experimental Program to Stimulate Competitive Research and research programs at historically black colleges and universities and minority institutions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Victims' Bill of Rights Act''. SEC. 2. VICTIMS' STATEMENT IN FEDERAL CASES. Rule 32 of the Federal Rules of Criminal Procedure is amended-- (1) by striking ``and'' at the end of subdivision (a)(1)(B); (2) by striking the period at the end of subdivision (a)(1)(C) and inserting ``; and''; (3) by inserting after subdivision (a)(1)(C) the following: ``(D) address personally any victim of the offense for which sentence is to be imposed (or a member of that victim's immediate family or, in the discretion of the court, any other appropriate person representing the victim) who is present at the sentencing hearing, and afford the individual so addressed the opportunity to make a statement and present information in relation to the sentence.''; (4) in the penultimate sentence of subdivision (a)(1), by striking ``equivalent opportunity'' and inserting ``opportunity equivalent to that of the defendant's counsel''; and (5) by adding at the end of subdivision (a)(1) the following: ``Upon request by a victim, the court may hear in camera such a statement by that victim.''. SEC. 3. RIGHT OF VICTIMS OF STATE OFFENSES TO BE INFORMED ABOUT VICTIM COMPENSATION AND ASSISTANCE PROGRAMS. Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by inserting after paragraph (7) the following: ``(8) such State provides an effective system of notice to crime victims of the existence of compensation and other programs to assist victims of crime in which those victims might be eligible to participate; and''; and (3) by redesignating existing paragraph (8) as paragraph (9). SEC. 4. RIGHT OF VICTIMS IN COURT PROCEEDINGS. (a) Separation of Victim from Accused.--Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) by striking the period at the end of paragraph (21) and adding ``; and''; and (2) by adding at the end the following: ``(22) programs that allow for the physical and visual separation of a victim of crime from an alleged perpetrator of such crime while waiting in a judicial facility for a courtroom appearance.''. (b) Formula Grant Reduction for Noncompliance.--Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following: ``(g) In order not to reduce the funds available under this subpart by 25 percent (for redistribution to other participating States), a State shall, on the first day of each fiscal year succeeding the first fiscal year beginning after September 30, 1994-- ``(1) notify a victim of crime of the availability of visual and physical separation from an alleged perpetrator of such crime while waiting in a judicial facility for a courtroom appearance; ``(2) provide such victim the opportunity for visual and physical separation from an alleged perpetrator of such crime while waiting in a judicial facility for a courtroom appearance; ``(3) provide a victim of crime with the earliest possible notice of the scheduling of each court proceeding or parole hearing that the witness is either required or entitled to attend; and ``(4) address personally any victim of the offense for which sentence is to be imposed (or a member of that victim's immediate family or, in the discretion of the court, any other appropriate person representing the victim) who is present at the sentencing hearing, and afford the individual so addressed the opportunity to make a statement and present information in relation to the sentence.''. SEC. 5. FEDERAL VICTIMS RIGHTS TO BE INFORMED ABOUT COMPENSATION PROGRAMS AND TO SEPARATE WAITING FACILITIES. The Attorney General shall assure that Federal prosecutors and law enforcement officials-- (1) provide an effective system of notice to crime victims of the existence of compensation and other programs to assist victims of crime in which those victims might be eligible to participate; (2) notify victims of Federal crime of the availability of visual and physical separation from alleged perpetrators of such crime while waiting in a judicial facility for a courtroom appearance; (3) provide victims of Federal crime the opportunity for visual and physical separation from alleged perpetrators of such crime while waiting in a judicial facility for a courtroom appearance; and (4) provide a victim of crime with the earliest possible notice of the scheduling of each court proceeding or parole hearing that the witness is either required or entitled to attend.", "summary": "Crime Victims' Bill of Rights Act - Amends Rule 32 of the Federal Rules of Criminal Procedure to require the court, before imposing sentence, to address personally any victim of the offense for which sentence is to be imposed (or a member of that victim's immediate family or, in the court's discretion, any other appropriate person representing the victim) who is present at the sentencing hearing and to afford such individual the opportunity to make a statement and present information in relation to the sentence. Permits the court, upon request by a victim, to hear in camera such a statement by that victim. Amends the Victims of Crime Act of 1984 to condition Federal grant eligibility of crime victim compensation programs on a State providing an effective system of notice to eligible victims of the existence of compensation and other programs to assist victims of crime. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize drug control and system improvement grants to States to be used for programs that allow for the physical and visual separation of a victim of crime from an alleged perpetrator of such crime while waiting in a judicial facility for a courtroom appearance; and (2) provide for a reduction of formula grants by 25 percent (for redistribution to other participating States) for States which fail to notify a crime victim of specified rights. Directs the Attorney General to assure that Federal prosecutors and law enforcement officials: (1) provide an effective system of notice to crime victims of the existence of compensation and other programs to assist victims who might be eligible to participate; (2) notify crime victims of the availability of, and provide such victims the opportunity for, visual and physical separation from alleged crime perpetrators while waiting in a judicial facility for a courtroom appearance; and (3) provide a crime victim with the earliest possible notice of the scheduling of each court proceeding or parole hearing that the witness is required or entitled to attend."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Relief Act of 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--TAX RELIEF FOR MIDDLE CLASS FAMILIES Sec. 101. Middle class families tax relief credits. Sec. 102. Double the child tax credit for middle class families. Sec. 103. Eliminate the middle class surcharge. TITLE II--SURTAX FOR FAMILIES WITH INCOMES OVER $1 MILLION Sec. 201. Surtax for families with incomes over $1 million. TITLE I--TAX RELIEF FOR MIDDLE CLASS FAMILIES SEC. 101. MIDDLE CLASS FAMILIES TAX RELIEF CREDITS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting before section 26 the following new section: ``SEC. 25E. MIDDLE CLASS FAMILIES TAX RELIEF CREDIT. ``(a) 10 Percent Tax Reduction for the Middle Class.-- ``(1) In general.--In the case of any natural person, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the amount of such tax. ``(2) Income limitation.--The amount allowable as a credit under paragraph (1) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return), bears to ``(B) $5,000 ($10,000 in the case of a joint return). ``(b) Zero Tax Bracket for the Poor.-- ``(1) In general.--In the case of any natural person, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the excess of-- ``(A) the sum of the taxpayer's regular tax liability for the taxable year and the tax imposed by section 55(a) for the taxable year, over ``(B) the sum of the credits allowed under this part (other than this subsection) for the taxable year. ``(2) Income limitation.--The amount allowable as a credit under paragraph (1) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $12,500 ($25,000 in the case of a joint return), bears to ``(B) $2,500 ($5,000 in the case of a joint return).''. (b) Clerical Amendment.--The table of sections of subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting before the item relating to section 26 the following new item: ``Sec. 25E. Middle class families tax relief credits.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 102. DOUBLE THE CHILD TAX CREDIT FOR MIDDLE CLASS FAMILIES. (a) In General.--Subsection (a) of section 24 of the Internal Revenue Code of 1986 (relating to child tax credit) is amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying child of the taxpayer an amount equal to the sum of-- ``(A) the basic credit for the taxable year, plus ``(B) the additional credit for the taxable year. ``(2) Basic credit.--For purposes of this section, the term `basic credit' means-- ``(A) $1,000 in the case of any taxable year beginning before January 1, 2011, and ``(B) $500 in the case of any other taxable year. ``(3) Additional credit.--For purposes of this section, the term `additional credit' means-- ``(A) $1,000 in the case of any taxable year beginning before January 1, 2011, and ``(B) $500 in the case of any other taxable year.''. (b) Limitation on Additional Credit Based on Adjusted Gross Income.--Subsection (b) of section 24 of such Code is amended by adding at the end the following new paragraphs: ``(4) Limitation on additional credit based on adjusted gross income.--The amount of the additional credit determined under subsection (a)(3) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return), bears to ``(B) $5,000 ($10,000 in the case of a joint return).''. (c) Conforming Amendments.--Paragraph (1) of section 24(b) of such Code is amended-- (1) by striking ``the credit allowable under subsection (a)'' and inserting ``the basic credit determined under subsection (a)(2)'', and (2) by inserting ``on basic credit'' after ``Limitation'' in the heading thereof. (d) Coordination With EGTRRA Sunset.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendment made by section 201(a) of such Act. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 103. ELIMINATE THE MIDDLE CLASS SURCHARGE. (a) In General.--Section 55 of the Internal Revenue Code of 1986 (relating to alternative minimum tax imposed) is amended by adding at the end the following new subsection: ``(f) Exemption for Individuals for Taxable Years Beginning in 2007.--For any taxable year beginning in 2007, in the case of an individual-- ``(1) In general.--The tentative minimum tax of the taxpayer shall be zero if the adjusted gross income of the taxpayer (as determined for purposes of the regular tax) is equal to or less than the threshold amount. ``(2) Phasein of liability above exemption level.--In the case of a taxpayer whose adjusted gross income exceeds the threshold amount but does not exceed $112,500 ($225,000 in the case of a joint return), the tax imposed by subsection (a) shall be the amount which bears the same ratio to such tax (determined without regard to this subsection) as-- ``(A) the excess of-- ``(i) the adjusted gross income of the taxpayer (as determined for purposes of the regular tax), over ``(ii) the threshold amount, bears to ``(B) $12,500 ($25,000 in the case of a joint return). ``(3) Threshold amount.--For purposes of this paragraph, the term `threshold amount' means $100,000 ($200,000 in the case of a joint return). ``(4) Estates and trusts.--This subsection shall not apply to any estate or trust.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. TITLE II--SURTAX FOR FAMILIES WITH INCOMES OVER $1 MILLION SEC. 201. SURTAX FOR FAMILIES WITH INCOMES OVER $1 MILLION. (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 (relating to imposition of tax on individuals) is amended by adding at the end the following new subsection: ``(j) Surtax for Families With Incomes Over $1,000,000.-- ``(1) In general.--If the adjusted gross income of a taxpayer exceeds $500,000 ($1,000,000, in the case of a joint return), the tax imposed by this section (determined without regard to this subsection) shall be increased by an amount determined in accordance with the following tables: ``(A) Joint returns.--In the case of a joint return: ``If taxable income is: The tax is: Over $1,000,000 but not over $1,000,000,000. 7% of the excess over $1,000,000 Over $1,000,000,000............ $69,930,000, plus 10% of the excess over $1,000,000,000 ``(B) Other returns.--In the case of any other return: ``If taxable income is: The tax is: Over $500,000 but not over $500,000,000. 7% of the excess over $500,000 Over $500,000,000.............. $34,965,000, plus 10% of the excess over $500,000,000 ``(2) Tax not to apply to estates and trusts.--This subsection shall not apply to an estate or trust. ``(3) Special rule.--For purposes of section 55, the amount of the regular tax shall be determined without regard to this subsection.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (c) Section 15 Not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986.", "summary": "Middle Class Tax Relief Act of 2006 - Amends the Internal Revenue Code to: (1) allow individual taxpayers with adjusted gross incomes of less than $75,000 ($150,000 for joint returns) a tax credit for 10% of their income tax; (2) eliminate income taxes for individual taxpayers with adjusted gross incomes of less than $12,500 ($25,000 for joint returns); (3) double the child tax credit for individual taxpayers with adjusted gross incomes of less than $75,000 ($150,000 for joint returns); (4) eliminate the alternative minimum tax in 2007 for certain individual taxpayers; and (5) impose an income tax surtax on individual taxpayers with adjusted gross incomes of over $500,000 ($1 million for joint returns)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Online Communication Enforcement Act of 2000''. SEC. 2. ENHANCED PRIVACY PROTECTION FOR INFORMATION ON COMPUTER NETWORKS. (a) In General.--Section 2703(b) of title 18, United States Code, is amended by striking paragraph (1) and inserting the following new paragraph (1): ``(1) In general.--A governmental entity may require a provider of remote computing service to disclose the contents of any electronic communication to which this paragraph is made applicable by paragraph (2)-- ``(A) pursuant to a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant, a copy of which warrant shall be served on the subscriber or customer of such remote computing service before or at the same time the warrant is served on the provider of the remote computing service; or ``(B) pursuant to a Federal or State grand jury or trial subpoena, a copy of which subpoena shall be served on the subscriber or customer of such remote computing service under circumstances allowing the subscriber or customer a meaningful opportunity to challenge the subpoena.''. (b) Conforming Amendments.--Paragraph (2) of that section is amended-- (1) by indenting the paragraph 2 ems; (2) by inserting ``Applicability.--'' after ``(2)''; and (3) by indenting subparagraphs (A) and (B) 4 ems. SEC. 3. ENHANCEMENT OF SECURE ON-LINE COMMUNICATIONS. (a) Applicability of Limitations on Disclosure of Communication Records.--Paragraph (1) of section 2703(c) of title 18, United States Code, is amended-- (1) in subparagraph (A)-- (A) by inserting ``, or an operator of an Internet Web site (including an agent of such operator) or other third party,'' after ``remote computing service''; and (B) by inserting ``or Internet Web site'' after ``of such service''; and (2) in subparagraph (B)-- (A) in the matter preceding clause (i)-- (i) by inserting ``, or an operator of an Internet Web site (including an agent of such operator) or other third party,'' after ``remote computing service''; and (ii) by inserting ``or Internet Web site'' after ``of such service''; and (B) in clause (iv), by inserting ``or operator'' after ``of such provider''. (b) Disclosure of Communication Records to Non-Government Entities.--Paragraph (1)(A) of such section is further amended by striking ``other than a government entity.'' and inserting ``other than a government entity only if the disclosure is-- ``(i) necessary to initiate, provide, bill, or collect for such service or for access to or use of such Internet Web site; ``(ii) necessary to protect the rights or property of the provider of such service or Internet Web site; ``(iii) made at the request of the subscriber or customer; ``(iv) made with the affirmative consent of the subscriber or customer given at the time the disclosure is sought; or ``(v) required by law.''. (c) Information Covered by Limitations on Disclosure.--Such section is further amended in paragraphs (1)(A) and (1)(B) by inserting before the end parenthesis the following: ``, but including information generated in the process of accessing or otherwise using the Internet''. (d) Disclosure of Aggregate Information.--Such section is further amended by adding at the end the following new paragraph: ``(3) Nothing in this subsection may be construed to prohibit a provider of electronic communication service or remote computing service, operator of an Internet Web site (including an agent of such operator), or third party from using, disclosing, or permitting access to aggregate customer or subscriber information from which individual customer or subscriber information and characteristics have been removed.''. (e) Protection of Service.--Such section is further amended by adding at the end the following new paragraph: ``(4) A provider of electronic communication service or remote computing service or operator of an Internet Web site may not terminate the provision of such service or access to or use of such Internet Web site to an individual who refuses to consent to the disclosure of records or other information under paragraph (1)(A)(iv) as a result of such refusal.''. (f) Federal Preemption.--Such section is further amended by adding at the end the following new paragraph: ``(5) This subsection preempts any State or local law regarding the disclosure by providers of electronic communication service or remote computing service and operators of Internet Web sites of records or other information covered by this subsection.''. (g) Conforming Amendment.--The subsection heading of such section is amended by striking ``or Remote Computing Service'' and inserting ``, Remote Computing Service, or Internet Web Site''. (h) Effective Date.--The amendments made by this section shall take effect 180 days after the date of enactment.", "summary": "(Sec. 3) Includes an operator of an Internet web site (including an agent of such operator) or other third party within the scope of limitations on disclosure of records currently applicable to electronic communication service (ECS), and remote computing service (RCS), providers. Limits any such disclosure to non-government entities except: (1) as necessary to initiate, provide, bill, or collect for such service or for access to or use of such Internet web site, or to protect the rights or property of the provider; (2) as made at the request of the subscriber or customer, or with the affirmative consent of the subscriber or customer given at the time the disclosure is sought; or (3) as required by law. Includes within the scope of such restrictions on disclosure information generated in the process of accessing or otherwise using the Internet. Authorizes a provider of ECS or RCS, operator of an Internet web site, or third party to use, disclose, or permit access to aggregate customer or subscriber information from which individual customer or subscriber information and characteristics have been removed. Prohibits a provider of ECS, RCS, or an operator of an Internet web site from terminating the provision of such service or access to, or use of, such web site to an individual who refuses to consent to the disclosure of records or other information under this Act as a result of such refusal. Preempts any State or local law regarding the disclosure by providers of ECS, RCS, and operators of Internet web sites of records or other information covered by this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Israel Anti-Boycott Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United Nations Human Rights Council (in this section referred to as the ``UNHRC'') has long targeted Israel with systematic, politically motivated, assaults on its legitimacy designed to stigmatize and isolate Israel internationally. (2) The UNHRC maintains a permanent agenda item known as ``Item 7'' to ensure that Israel will be criticized at every gathering of the UNHRC. (3) At its 31st session on March 24, 2016, the UNHRC targeted Israel with a commercial boycott, calling for the establishment of a database, such as a ``blacklist'', of companies that operate, or have business relations with entities that operate, beyond Israel's 1949 Armistice lines, including East Jerusalem. (4) At its 32nd session in March 2017, the UNHRC is considering a resolution pursuant to agenda item 7 to withhold assistance from and prevent trade with ``territories occupied since 1967'', including East Jerusalem, the West Bank, and the Golan Heights, stating that businesses that engage in economic activity in those areas could face civil or criminal legal action. (5) For a half century, Congress has combated anti-Israel boycotts and other discriminatory activity under the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), under part VI of title X of the Tax Reform Act of 1976 (Public Law 94-455; 90 Stat. 1649) (commonly referred to as the ``Ribicoff Amendment''), in free trade agreements with Bahrain and Oman, and in Saudi Arabia's accession negotiations to the World Trade Organization. (6) The recent action of the UNHRC is reminiscent of the Arab League Boycott, which also called for the establishment of a ``blacklist'' and promoted a primary, as well as a secondary and tertiary, boycott against Israel, targeting United States and other companies that trade or invest with or in Israel, designed to harm Israel, any business operating in, or doing business with, Israel, or companies that do business with companies operating in Israel. (7) Congress recently passed anti-boycott, divestment, and sanctions measures in the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) and section 909 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452), which establish, among other things-- (A) the opposition of the United States to actions to boycott, divest from, or sanction Israel; (B) requirements that the United States utilize trade negotiations to combat state-led or international governmental organization-led actions to boycott, divest from, or sanction Israel; and (C) reporting requirements regarding the actions of foreign countries or international organizations that establish barriers to trade or investment for United States companies in or with Israel. SEC. 3. STATEMENT OF POLICY. Congress-- (1) opposes the United Nations Human Rights Council resolution of March 24, 2016, which urges countries to pressure their own companies to divest from, or break contracts with, Israel, and calls for the creation of a ``blacklist'' of companies that either operate, or have business relations with entities that operate, beyond Israel's 1949 Armistice lines, including East Jerusalem; (2) views such policies as actions to boycott, divest from, or sanction Israel; and (3) in order to counter the effects of actions to boycott, divest from, or sanction Israel, encourages full implementation of the United States-Israel Strategic Partnership Act of 2014 (Public Law 113-296; 128 Stat. 4075) through enhanced, governmentwide, coordinated United States-Israel scientific and technological cooperation in civilian areas such as with respect to energy, water, agriculture, alternative fuel technology, civilian space technology, and security. SEC. 4. ADDITIONAL PROHIBITIONS RELATING TO FOREIGN BOYCOTTS UNDER EXPORT ADMINISTRATION ACT OF 1979. (a) Declaration of Policy.--Section 3(5) of the Export Administration Act of 1979 (50 U.S.C. 4602(5)) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) to oppose-- ``(i) restrictive trade practices or boycotts fostered or imposed by foreign countries, or requests to impose restrictive trade practices or boycotts by foreign countries, against other countries friendly to the United States or against any United States person; and ``(ii) restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel;''; and (2) in subparagraph (B), by striking ``which have the effect'' and all the follows and inserting the following: ``which have the effect of furthering or supporting-- ``(i) restrictive trade practices or boycotts fostered or imposed by any foreign country, or requests to impose restrictive trade practices or boycotts by any foreign country, against a country friendly to the United States or against any United States person; and ``(ii) restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel; and''. (b) Foreign Boycotts.--Section 8 of the Export Administration Act of 1979 (50 U.S.C. 4607) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A)-- (i) by inserting ``, or request to impose any boycott by a foreign country,'' after ``a foreign country''; (ii) by inserting ``, or support any boycott fostered or imposed by any international governmental organization against Israel or request to impose any boycott by any international governmental organization against Israel'' after ``pursuant to United States law or regulation''; (B) in subparagraph (A), by inserting ``or international governmental organization (as the case may be)'' after ``of the boycotting country''; and (C) in subparagraph (D)-- (i) by inserting ``, or requesting the furnishing of information,'' after ``Furnishing information''; and (ii) by inserting ``or with the international governmental organization (as the case may be)'' after ``in the boycotting country''; and (2) in subsection (c)-- (A) by inserting ``, or requests to impose restrictive trade practices or boycotts by foreign countries,'' after ``foreign countries''; and (B) by inserting ``or restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel'' before the period at the end. (c) Violations of Section 8(a).--Section 11 of the Export Administration Act of 1979 (50 U.S.C. 4610) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) is amended-- (1) in subsection (a), by inserting ``or (j)'' after ``subsection (b)''; and (2) by adding at the end the following: ``(j) Violations of Section 8(a).--Whoever knowingly violates or conspires to or attempts to violate any provision of section 8(a) or any regulation, order, or license issued thereunder shall be fined in accordance with section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705).''. (d) Definition of International Governmental Organization.--Section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) is amended-- (1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (2) by inserting after paragraph (6) the following: ``(7) the term `international governmental organization' includes the United Nations and the European Union;''. (e) Effective Date.--The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to actions described in section 8(a) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) taken or knowingly agreed to be taken on or after such date of enactment. (f) Implementation.--The President shall implement the amendments made by this section by exercising the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). SEC. 5. POLICY OF THE UNITED STATES RELATING TO BOYCOTT OF ISRAEL UNDER EXPORT-IMPORT BANK ACT OF 1945. Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) is amended in the sixth sentence by inserting after ``child labor),'' the following: ``or opposing policies and actions that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with citizens or residents of Israel, entities organized under the laws of Israel, or the Government of Israel,''. SEC. 6. DEFINITIONS. (a) In General.--In this Act: (1) Actions to boycott, divest from, or sanction israel.-- The term ``actions to boycott, divest from, or sanction Israel'' has the meaning given that term in section 102(b)(20)(B) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201(b)(20)(B)). (2) International governmental organization.--The term ``international governmental organization'' includes the United Nations and the European Union. (3) Politically motivated.--The term ``politically motivated'' means actions to impede or constrain commerce with Israel that are intended to coerce political action from or impose policy positions on Israel. (b) Rule of Construction.--Nothing in this section shall be construed to alter the established policy of the United States or to establish new United States policy concerning final status issues associated with the Arab-Israeli conflict, including border delineation, that can only be resolved through direct negotiations between the parties.", "summary": "Israel Anti-Boycott Act This bill declares that Congress: (1) opposes the United Nations Human Rights Council resolution of March 24, 2016, which urges countries to pressure companies to divest from, or break contracts with, Israel; and (2) encourages full implementation of the United States-Israel Strategic Partnership Act of 2014 through enhanced, governmentwide, coordinated U.S.-Israel scientific and technological cooperation in civilian areas. The bill amends the Export Administration Act of 1979 to declare that it shall be U.S. policy to oppose: requests by foreign countries to impose restrictive practices or boycotts against other countries friendly to the United States or against U.S. persons; and restrictive trade practices or boycotts fostered or imposed by an international governmental organization, or requests to impose such practices or boycotts, against Israel. The bill prohibits any U.S. person engaged interstate or foreign commerce from supporting: any request by a foreign country to impose any boycott against a country that is friendly to the United States and that is not itself the object of any form of boycott pursuant to United States law or regulation, or any boycott fostered or imposed by any international governmental organization against Israel or any request by any international governmental organization to impose such a boycott. The bill amends the Export-Import Bank Act of 1945 to include as a reason for the Export-Import Bank to deny credit applications for the export of goods and services between the United States and foreign countries, opposition to policies and actions that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with citizens or residents of Israel, entities organized under the laws of Israel, or the government of Israel."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Flat Tax Act of 1995''. TITLE I--FLAT TAX SEC. 101. 15 PERCENT INCOME TAX RATE FOR INDIVIDUALS. Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed on individuals) is amended to read as follows: ``SECTION 1. TAX IMPOSED. ``(a) In General.--There is hereby imposed on the income of every individual a tax equal to 15 percent of the excess of the earned income of such individual for the taxable year over the standard exemption amount for such year. ``(b) Definitions.--For purposes of this section-- ``(1) Standard exemption amount.-- ``(A) In general.--The term `standard exemption amount' means the sum of-- ``(i) the basic standard exemption, plus ``(ii) the additional standard exemption. ``(B) Basic standard exemption.--For purposes of subparagraph (A), the basic standard exemption is-- ``(i) $20,000 in the case of-- ``(I) a joint return, and ``(II) a surviving spouse (as defined in section 2(a)), ``(ii) $15,000 in the case of a head of household (as defined in section 2(b)), and ``(iii) $10,000 in the case of an individual-- ``(I) who is not married and who is not a surviving spouse or head of household, or ``(II) who is a married individual filing a separate return. ``(C) Additional standard exemption.--For purposes of subparagraph (A), the additional standard exemption is $5,000 for each dependent (as defined in section 152)-- ``(i) whose earned income for the calendar year in which the taxable year of the taxpayer begins is less than the basic standard exemption specified in subparagraph (B)(iii), or ``(ii) who is a child of the taxpayer and who-- ``(I) has not attained the age of 19 at the close of the calendar year in which the taxable year of the taxpayer begins, or ``(II) is a student who has not attained the age of 24 at the close of such calendar year. ``(D) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 1997, each dollar amount contained in subparagraphs (B) and (C) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment for the calendar year in which the taxable year begins. ``(ii) Cost-of-living adjustment.--For purposes of this subparagraph-- ``(I) In general.--The cost-of- living adjustment for any calendar year is the percentage (if any) by which the CPI for October of the preceding calendar year, exceeds the CPI for October of 1996. ``(II) CPI.--The term `CPI' means the last Consumer Price Index for all- urban consumers published by the Department of Labor. ``(iii) Rounding.--If the increase determined under this subparagraph is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10. ``(2) Earned income.-- ``(A) In general.--Except as provided in subparagraph (B), the term `earned income' means-- ``(i) wages, salaries, and other employee compensation, ``(ii) the amount of the taxpayer's net earnings from self-employment for the taxable year, and ``(iii) the amount of dividends which are from a personal service corporation or which are otherwise directly or indirectly compensation for services. ``(B) Exceptions.--The term `earned income' does not include-- ``(i) any amount received as a pension or annuity, or ``(ii) any tip unless the amount of the tip is not within the discretion of the service- recipient.'' SEC. 102. TRANSITION RULE FOR HOME MORTGAGE INTEREST DEDUCTION. Section 1 of the Internal Revenue Code of 1986, as amended by section 2 of this Act, is amended-- (1) by striking subsection (a) and inserting the following new subsection: ``(a) In General.--There is hereby imposed on the income of every individual a tax equal to 15 percent of the excess of-- ``(1) the earned income of the taxpayer for the taxable year, over ``(2) the standard exemption amount and the excess qualified residence interest amount for such taxpayer for such year.'', and (2) in subsection (b), by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Excess qualified residence interest amount.--The excess qualified residence amount for any taxable year is equal to the excess (if any) of-- ``(A) the amount which would have been allowable as a deduction to the taxpayer for such year under section 163(h)(3), as in effect on the day before the effective date of the Flat Tax Act of 1995 (determined without regard to section 68 (as so in effect)), with respect to any indebtedness incurred on or before such day, over ``(B) one-half of the basic standard exemption for an individual for such year.'' SEC. 103. 15 PERCENT INCOME TAX RATE FOR BUSINESS ACTIVITIES. Section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended to read as follows: ``SEC. 11. TAX IMPOSED. ``(a) Tax Imposed.--There is hereby imposed on every person engaged in a business activity a tax equal to 15 percent of the business taxable income of such person. ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. ``(c) Business Taxable Income.-- ``(1) In general.--For purposes of this section, the term `business taxable income' means gross active income reduced by the deductions specified in subsection (d). ``(2) Gross active income.--For purposes of paragraph (1), the term `gross active income' means gross income other than investment income. ``(d) Deductions.-- ``(1) In general.--The deductions specified in this subsection are-- ``(A) the cost of business inputs for the business activity, ``(B) the compensation (including contributions to qualified retirement plans but not including other fringe benefits) paid for employees performing services in such activity, and ``(C) the cost of tangible personal and real property used in such activity. ``(2) Business inputs.--For purposes of subparagraph (A), the term `cost of business inputs' means-- ``(A) the actual amount paid for goods, services, and materials, whether or not resold during the taxable year, ``(B) the fair market value of business inputs brought into the United States, and ``(C) the actual cost, if reasonable, of travel and entertainment expenses for business purposes. Such term shall not include purchases of goods and services provided to employees or owners. ``(e) Carryover of Excess Deductions.--If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the amount of the deductions specified in subsection (d) for the succeeding taxable year (determined without regard to this subsection) shall be increased by the sum of-- ``(1) such excess, plus ``(2) the product of such excess and the 3-month Treasury rate for the last month of such taxable year.'' SEC. 104. REPEAL OF SPECIAL DEDUCTIONS, CREDITS, AND EXCLUSIONS FROM INCOME FOR CORPORATIONS AND INDIVIDUALS. Chapter 1 of the Internal Revenue Code of 1986 is amended by striking out all specific exclusions from gross income, all deductions, and all credits against income tax to the extent related to the computation of corporate and individual income tax liability. SEC. 105. REPEAL OF ESTATE AND GIFT TAXES. Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. SEC. 106. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this title shall apply to taxable years beginning after December 31, 1996. (b) Repeal of Estate and Gift Taxes.--The repeal made by section 105 shall apply to estates of decedents dying, and transfers made, after December 31, 1996. (c) Technical and Conforming Changes.--The Secretary of the Treasury or the Secretary's delegate shall, as soon as practicable but in any event not later than 90 days after the date of the enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the changes in the substantive provisions of law made by this Act. TITLE II--REDUCTIONS IN FEDERAL SPENDING SEC. 201. REDUCTIONS IN FEDERAL SPENDING. (a) Adjustment of Discretionary Caps.-- (1) Discretionary spending limits and direct spending balances.--Not later than 5 days after the date of enactment of this Act, the President shall reduce the discretionary spending limits under section 601 of the Congressional Budget Act of 1974 for each of the fiscal years 1996, 1997, and 1998 to reflect a reduction of 15 percent in budget authority and budget outlays for each fiscal year. (2) Adjustment of committee allocations.--Not later than 5 days after the date of enactment of this Act, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise levels under section 311(a) of the Congressional Budget Act of 1974 and adjust the committee allocations under section 602(a) of the Congressional Budget Act of 1974 to reflect the reductions required by paragraph (1). (b) Foreign Aid.--Notwithstanding subsection (a), the amount of budget authority provided under budget function 150 relating to United States assistance (as defined in section 481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)) for payments not required by law shall not exceed-- (1) for fiscal year 1996, 60 percent of the amount provided for fiscal year 1995; (2) for fiscal year 1997, 50 percent of the amount provided for fiscal year 1995; and (3) for fiscal year 1998, 40 percent of the amount provided for fiscal year 1995. (c) Freeze on Department of Defense.--Notwithstanding subsection (a), the amount of budget authority provided under budget function 050 (national defense) for payments not required by law for each of the fiscal years 1996, 1997, and 1998 shall not exceed the amount provided for fiscal year 1995. (d) No Reduction in the Administrative Expenses of the Social Security Administration and Medicare.--Notwithstanding subsection (a), the amount of budget authority provided for the administrative expenses of the Social Security Administration and medicare for payments not required by law for each of the fiscal years 1996, 1997, and 1998 shall not be reduced by reason of subsection (a). SEC. 202. REDUCTION IN DIRECT SPENDING. (a) Reduction.-- (1) In general.--Except as provided in paragraph (2), the level of direct spending for fiscal years 1996, 1997, and 1998 shall not exceed 85 percent of the level for fiscal year 1995. (2) Exception.--Paragraph (1) shall not apply to-- (A) social security; (B) medicare; and (C) veterans' programs. (b) Implementing Legislation.-- (1) Committee action.--Not later than September 1, 1995, the committees of the House of Representatives and Senate shall report legislation reducing the direct spending programs within their jurisdiction as required by subsection (a). (2) Enactment.--Not later than September 30, 1995, the Senate and the House of Representatives shall enact legislation complying with paragraph (1). SEC. 203. ELIMINATION OF THE INTERNAL REVENUE SERVICE. (a) Elimination of the Internal Revenue Service.--Effective January 1, 1997, the Internal Revenue Service is abolished. (b) Transfer of Functions.-- (1) Function defined.--For purposes of this subsection, the term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (2) Transfer to treasury.--The functions of the Internal Revenue Service are transferred to the Department of the Treasury. (3) Transfer to secretary.--The functions of the Commissioner of Internal Revenue shall be performed by the Secretary of the Treasury or the designee of the Secretary. (b) Amendment to the Internal Revenue Code of 1986.--Section 7802(a) of the Internal Revenue Code of 1986 is repealed. (c) References.--Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to-- (1) the Commissioner of Internal Revenue with regard to functions transferred under this subsection, shall be deemed to refer to the Secretary of the Treasury; and (2) the Internal Revenue Service with regard to functions transferred under this subsection, shall be deemed to refer to the Department of the Treasury. (d) Additional Conforming Amendments.-- (1) After consultation with the appropriate committees of the Congress, the Secretary of the Treasury shall prepare and submit to the Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this subsection. (2) Not later than 6 months after the effective date of this Act, the Secretary of the Treasury shall submit the recommended legislation referred to under paragraph (1).", "summary": "TABLE OF CONTENTS: Title I: Flat Tax Title II: Reductions in Federal Spending Flat Tax Act of 1995 - Title I: Flat Tax - Amends the Internal Revenue Code to impose a 15 percent tax on the income of every individual. Establishes a basic standard exemption of $20,000 for a joint return and $10,000 for an individual return, with an additional $5,000 exemption for each dependent. Sets forth provisions for a transition rule for home mortgage interest deduction with respect to existing mortgages. Imposes on every person engaged in a business activity a tax equal to 15 percent of business taxable income. Repeals all specific exclusions from gross income, all deductions, and all credits against income tax to the extent related to the computation of corporate and individual income tax liability. Repeals estate, gift, and generation-skipping taxes. Title II: Reductions in Federal Spending - Directs the President to reduce the discretionary spending limits the Congressional Budget Act of 1974 for each of FY 1996 through 1998 to reflect a reduction of 15 percent in budget authority and budget outlays for each fiscal year. Specifies that notwithstanding the above, the amount of budget authority provided for foreign aid payments not required by law shall not exceed: (1) for FY 1996, 60 percent of the amount provided for FY 1995; (2) for FY 1997, 50 percent of the amount provided for FY 1995; and (3) for FY 1998, 40 percent of the amount provided for FY year 1995. Requires that notwithstanding discretionary spending limits above, the amount of budgetary authority provided for the Defense Department for payments not required by law for each of FY 1996 through 1998 shall not exceed the amount provided for FY 1995. Directs that the amount of budget authority provided for the administrative expenses of the Social Security Administration and Medicare for payments not required by law for each of FY 1996 through 1998 shall not be reduced. Provides that a reduction in the level of direct spending for FY 1996 through 1998 shall not exceed 85 percent of the level for FY 1995, except for: (1) Social Security; (2) Medicare; and (3) veterans's programs. Abolishes the Internal Revenue Service (IRS) and transfers the functions of the IRS to the Department of the Treasury. Transfers the functions of the IRS Commissioner to the Secretary of the Treasury."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Homeland Security, Intelligence, and Essential Law Enforcement Departments Act of 2011'' or the ``SHIELD Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States Armed Forces represent the finest fighting force in the world. (2) An interruption in compensation could affect morale and cause hardship which would threaten United States security and the safety of our troops. (3) It is a vital national interest that the United States Armed Forces, including reserve components, can operate with the assurance that they will continue to receive pay and allowances for their service if a funding gap occurs. (4) Federal law enforcement officers are highly trained and dedicated men and women, committed to protecting liberty, public safety, and the security of our Nation from both foreign and domestic threats. (5) They have no equal in the private sector, and perform a role that is both unique and vital to the continuing operation of the Federal Government and commerce during times of crisis. (6) Each and every day, Federal law enforcement officers are engaged around the clock in activities that include, but are not limited to, dignitary protection, criminal investigation, homeland security, border security, intelligence gathering, and fighting waste, fraud and abuse. (7) These critical Government functions cannot be interrupted due to an absence of Congressional appropriations or during periods of a Government shutdown, nor can we expect that the threats posed by violent criminals, terrorists and America's enemies will lessen during such periods of fiscal uncertainty. SEC. 3. PRIORITY PAYMENTS IF THE DEBT CEILING IS REACHED FOR DEFENSE AND FEDERAL LAW ENFORCEMENT. In the event that the total public debt reaches the public debt limit, as established under section 3101 of title 31, United States Code, the following payments on obligations incurred by the Government of the United States shall be made: (1) The pay and allowances of members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service. (2) The pay and allowances of critical law enforcement officers who are employed by Federal agencies. SEC. 4. EMERGENCY APPROPRIATIONS OF FUNDS FOR DEFENSE AND FEDERAL LAW ENFORCEMENT DURING A FUNDING GAP. (a) Appropriation of Funds for Military Pay and Allowances.--During a period of lapsed appropriations for the Armed Forces, the Secretary of the Treasury shall make available to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard), out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue to provide pay and allowances (without interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service during the period of lapsed appropriations. (b) Appropriation of Funds for Federal Law Enforcement Officer Pay and Allowances.--During a period of lapsed appropriations for a federal agency that employs critical law enforcement officers, the Secretary of the Treasury shall make available to the head of such agency, out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the heads of such agencies determine to be necessary to continue to provide pay and allowances (without interruption) to such critical law enforcement officers during the period of lapsed appropriations. SEC. 5. DEFINITIONS. In this Act: (1) Critical law enforcement officer.--The term ``critical law enforcement officer'' means an employee-- (A) who has statutory authority to make arrests or apprehensions; (B) who is authorized by the agency of the employee to carry firearms; and (C) whose duties include performing emergency work involving the safety of human life or the protection of property. (2) Period of lapsed appropriations.--The term ``period of lapsed appropriations'' means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (including any Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances. (3) Total public debt.--The term ``total public debt'' has the meaning given such term in section 3130 of title 31, United States Code.", "summary": "Strengthening Homeland Security, Intelligence, and Essential Law Enforcement Departments Act of 2011 or SHIELD Act of 2011 - Requires, in the event that the U.S. public debt limit is reached, priority payment of the pay and allowances of: (1) members of the Armed Forces, including reserves, who perform active service; and (2) critical law enforcement officers employed by federal agencies. Requires the Secretary of the Treasury, during a period of lapsed appropriations for the Armed Forces or federal agencies employing critical law enforcement officers, to make available necessary amounts to continue such pay and allowances."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Credit Act of 1999''. SEC. 2. ENHANCED DISCLOSURES UNDER AN OPEN END CONSUMER CREDIT PLAN. (a) Repayment Terms.--Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is amended by adding at the end the following: ``(11)(A) Repayment information that would apply to the outstanding balance of the consumer under the credit plan, including-- ``(i) the required minimum monthly payment on that balance, represented as both a dollar figure and as a percentage of that balance; ``(ii) the number of months (rounded to the nearest month) that it would take to pay the entire amount of that balance, if the consumer pays only the required minimum monthly payments and if no further advances are made; ``(iii) the total cost to the consumer, including interest and principal payments, of paying that balance in full, if the consumer pays only the required minimum monthly payments and if no further advances are made; and ``(iv) the monthly payment amount that would be required for the consumer to eliminate the outstanding balance in 36 months if no further advances are made. ``(B)(i) Subject to clause (ii), in making the disclosures under subparagraph (A) the creditor shall apply the interest rate in effect on the date on which the disclosure is made until the date on which the balance would be paid in full. ``(ii) If the interest rate in effect on the date on which the disclosure is made is a temporary rate that will change under a contractual provision applying an index or formula for subsequent interest rate adjustment, the creditor shall apply the interest rate in effect on the date on which the disclosure is made for as long as that interest rate will apply under that contractual provision, and then apply an interest rate based on the index or formula in effect on the applicable billing date.''. (b) Publication of Model Forms.--Not later than 180 days after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall publish model disclosure forms in accordance with section 105 of the Truth in Lending Act for the purpose of compliance with section 127(b)(11) of the Truth in Lending Act, as added by this section. SEC. 3. CREDIT CARD SECURITY INTERESTS UNDER AN OPEN END CONSUMER CREDIT PLAN. (a) In General.--Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following: ``(h) Security Interests Created Under an Open End Consumer Credit Plan.--During the period of an open end consumer credit plan, if the creditor of that plan obtains a security interest in personal property purchased using that credit plan, the creditor shall provide to the consumer, at the time of purchase, a written statement setting forth in a clear, conspicuous, and easy to read format the following information: ``(1) The property in which the creditor will receive a security interest. ``(2) The nature of the security interest taken. ``(3) The method or methods of enforcement of that security interest available to the creditor in the event of nonpayment of the plan balance. ``(4) The method in which payments made on the credit plan balance will be credited against the security interest taken on the property. ``(5) The following statement: `This property is subject to a security agreement. You must not dispose of the property purchased in any way, including by gift, until the balance on this account is fully paid.'''. (b) Publication of Model Forms.--Not later than 180 days after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall publish model disclosure forms in accordance with section 105 of the Truth in Lending Act for the purpose of compliance with section 127(h) of the Truth in Lending Act, as added by this section. SEC. 4. STATISTICS TO BE REPORTED TO BOARD OF GOVERNORS OF FEDERAL RESERVE SYSTEM AND TO CONGRESS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following: ``(i) Reports to the Board and to Congress.-- ``(1) Reports to the board.--Any creditor making advances under an open end credit plan shall, using model forms developed and published by the Board, annually submit to the Board a report, which shall include-- ``(A) the total number of open end credit plan solicitations made to consumers; ``(B) the total amount of credit (in dollars) offered to consumers; ``(C) a statement of the average interest rates offered to all borrowers in each of the previous 2 years; ``(D) the total amount of credit granted and the average interest rate granted to persons under the age of 25; and ``(E) the total amount of debt written off voluntarily and due to a bankruptcy discharge in each of the 2 years preceding the date on which the report is submitted. ``(2) Reports to congress.--The Board shall annually compile the information collected under paragraph (1) and submit to the Committees on the Judiciary of the House of Representatives and the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Banking and Financial Services of the House of Representatives, a report, which shall include-- ``(A) aggregate data described subparagraphs (A) through (E) of paragraph (1) for all creditors; and ``(B) individual data described in paragraph (1)(A) for each of the top 50 creditors.''. SEC. 5. CIVIL LIABILITY. Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended, in the undesignated paragraph following paragraph (4), by striking the second sentence and inserting the following: ``In connection with the disclosures referred to in subsections (a), (b), and (h) of section 127, a creditor shall have a liability determined under paragraph (2) only for failing to comply with the requirements of section 125, 127(a), paragraph (4), (5), (6), (7), (8), (9), (10), or (11) of section 127(b), or section 127(h), or for failing to comply with disclosure requirements under State law for any term or item that the Board has determined to be substantially the same in meaning under section 111(a)(2) as any of the terms or items referred to in section 127(a), paragraph (4), (5), (6), (7), (8), (9), (10), or (11) of section 127(b), or section 127(h).''. SEC. 6. TREATMENT UNDER BANKRUPTCY LAW. (a) Exceptions to Discharge.--Section 523(a) of title 11, United States Code, is amended by adding at the end the following: ``The exception under subparagraphs (A) and (C) of paragraph (2) shall not apply to any claim made by a creditor who has failed to make the disclosures required under section 127(h) of the Truth in Lending Act in connection with such claim, unless a creditor required to make such disclosures files with the court, within 90 days of the date of order for relief, a proof of claim accompanied by a copy of such disclosures that is signed and dated by the debtor.''. (b) Reaffirmation.--Section 524(c) of title 11, United States Code, is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) in a case concerning a creditor obligated to make the disclosures required under section 127(h) of the Truth in Lending Act, the agreement contains a copy of such disclosures that is signed and dated by the debtor.''.", "summary": "Consumer Credit Act of 1999 - Amends the Truth in Lending Act to mandate that: (1) monthly billing statements for an open end consumer credit plan include specified repayment information, including the number of months it would take to pay the balance and the total cost if the consumer pays only the required minimum payment; (2) certain written disclosures be furnished to the consumer at the time of purchase if the creditor of an open end consumer credit plan obtains a security interest in personal property purchased under such plan; and (3) the Board of Governors of the Federal Reserve System (the Board) publish the pertinent model disclosure forms. Requires: (1) creditors making advances under an open end credit plan to annually report certain loan data to the Board; and (2) the Board to compile such data and submit it to certain congressional committees annually. Amends Federal bankruptcy law to permit the discharge in bankruptcy of an individual debt if the creditor has not made the requisite disclosures under this Act. Sanctions the reaffirmation of a dischargeable debt if the reaffirmation agreement contains such disclosures."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Antitrust Anti-Retaliation Act of 2013''. SEC. 2. AMENDMENT TO ACPERA. The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended by adding after section 215 the following: ``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS. ``(a) Whistleblower Protections for Employees, Contractors, Subcontractors, and Agents.-- ``(1) In general.--No employer may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a covered individual in the terms and conditions of employment of the covered individual because-- ``(A) the covered individual provided or caused to be provided to the employer or the Federal Government information relating to-- ``(i) any violation of, or any act or omission the covered individual reasonably believes to be a violation of the antitrust laws; or ``(ii) any violation of, or any act or omission the covered individual reasonably believes to be a violation of another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws; or ``(B) the covered individual filed, caused to be filed, testified, participated in, or otherwise assisted an investigation or a proceeding filed or about to be filed (with any knowledge of the employer) relating to-- ``(i) any violation of, or any act or omission the covered individual reasonably believes to be a violation of the antitrust laws; or ``(ii) any violation of, or any act or omission the covered individual reasonably believes to be a violation of another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws. ``(2) Limitation on protections.--Paragraph (1) shall not apply to any covered individual if-- ``(A) the covered individual planned and initiated a violation or attempted violation of the antitrust laws; ``(B) the covered individual planned and initiated a violation or attempted violation of another criminal law in conjunction with a violation or attempted violation of the antitrust laws; or ``(C) the covered individual planned and initiated an obstruction or attempted obstruction of an investigation by the Department of Justice of a violation of the antitrust laws. ``(3) Definitions.--In this section: ``(A) Antitrust laws.--The term `antitrust laws' means section 1 or 3 of the Sherman Act (15 U.S.C. 1, 3). ``(B) Covered individual.--The term `covered individual' means an employee, contractor, subcontractor, or agent of an employer. ``(C) Employer.--The term `employer' means a person, or any officer, employee, contractor, subcontractor, or agent of such person. ``(D) Person.--The term `person' has the same meaning as in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)). ``(4) Rule of construction.--The term `violation', with respect to the antitrust laws, shall not be construed to include a civil violation of any law that is not also a criminal violation. ``(b) Enforcement Action.-- ``(1) In general.--A covered individual who alleges discharge or other discrimination by any employer in violation of subsection (a) may seek relief under subsection (c) by-- ``(A) filing a complaint with the Secretary of Labor; or ``(B) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(2) Procedure.-- ``(A) In general.--A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. ``(B) Exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to any individual named in the complaint and to the employer. ``(C) Burdens of proof.--A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. ``(D) Statute of limitations.--A complaint under paragraph (1)(A) shall be filed with the Secretary of Labor not later than 180 days after the date on which the violation occurs. ``(E) Civil actions to enforce.--If a person fails to comply with an order or preliminary order issued by the Secretary of Labor pursuant to the procedures in section 42121(b), the Secretary of Labor or the person on whose behalf the order was issued may bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred. ``(c) Remedies.-- ``(1) In general.--A covered individual prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the covered individual whole. ``(2) Compensatory damages.--Relief for any action under paragraph (1) shall include-- ``(A) reinstatement with the same seniority status that the covered individual would have had, but for the discrimination; ``(B) the amount of back pay, with interest; and ``(C) compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney's fees. ``(d) Rights Retained by Whistleblowers.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any covered individual under any Federal or State law, or under any collective bargaining agreement.''. Passed the Senate November 4, 2013. Attest: Secretary. 113th CONGRESS 1st Session S. 42 _______________________________________________________________________ AN ACT To provide anti-retaliation protections for antitrust whistleblowers.", "summary": "(This measure has not been amended since it was reported to the Senate on October 31, 2013. Criminal Antitrust Anti-Retaliation Act of 2013 - Amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to prohibit an employer from discharging, demoting, suspending, harassing, or in any other manner discriminating against an employee, contractor, subcontractor, or agent of such employer who: (1) provided information to the employer or the federal government concerning a violation of antitrust law or of another criminal law committed in conjunction with a potential violation of antitrust law or in conjunction with an antitrust investigation by the Department of Justice (DOJ); or (2) filed, testified, participated, or otherwise assisted in an investigation relating to such a violation. Excludes from such protection any individual who planned and initiated such a violation or an obstruction to the investigation of such a violation. Authorizes an individual who alleges discharge or other discrimination by an employer in violation of such prohibition to seek relief: (1) by filing a complaint with the Secretary of Labor; or (2) if the Secretary has not issued a final decision within 180 days of such filing, by bringing an action at law or equity in the appropriate U.S. district court. Entitles an individual who prevails in any such action to all relief necessary to make such individual whole, including reinstatement with the same status, back pay plus interest, and compensation for special damages sustained."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom Act''. TITLE I--ANTITRUST AND CRIMINAL PROVISIONS SEC. 101. PROHIBITION ON ANTICOMPETITIVE BEHAVIOR BY INCUMBENT LOCAL EXCHANGE CARRIERS. In any civil action based on a claim arising under section 1, 2, or 3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that an incumbent local exchange carrier that has market power in the broadband service provider market has willfully and knowingly failed to provide conditioned unbundled local loops when economically reasonable and technically feasible under section 715(a) of the Communications Act of 1934, or restrains unreasonably the ability of a carrier to compete in its provision of broadband services over a local loop, shall be sufficient to establish a presumption of a violation of such section 1, 2, or 3 of the Sherman Act. SEC. 102. PROHIBITION ON ANTICOMPETITIVE CONTRACTS BY BROADBAND ACCESS TRANSPORT PROVIDERS. In any civil action based on a claim arising under section 1, 2, or 3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a broadband access transport provider that has market power in the broadband service provider market has offered access to a service provider on terms and conditions, other than terms justified by demonstrable cost differentials, that are less favorable than those offered by such operator to itself, to an affiliated service provider, or to another service provider, or restrains unreasonably the ability of a service provider from competing in its provision of broadband services, shall be sufficient to establish a presumption of a violation of such section. SEC. 103. PROHIBITION ON ANTICOMPETITIVE OR DISCRIMINATORY BEHAVIOR BY BROADBAND ACCESS TRANSPORT PROVIDERS. It shall be unlawful for a broadband access transport provider to engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to discriminate in favor of a service provider that is affiliated with a broadband access transport provider or to restrain unreasonably the ability of a service provider that is not affiliated with a broadband access transport provider from competing in its provision of any of the services provided by a service provider as set forth in section 105(3). SEC. 104. PROTECTION FROM FRAUDULENT UNSOLICITED E-MAIL. Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)(5)-- (A) by striking ``or'' at the end of subparagraph (B); and (B) by inserting after subparagraph (C) the following new subparagraphs: ``(D) intentionally and without authorization initiates the transmission of a bulk unsolicited electronic mail message to a protected computer with knowledge that such message falsifies an Internet domain, header information, date or time stamp, originating e-mail address or other identifier; or ``(E) intentionally sells or distributes any computer program that-- ``(i) is designed or produced primarily for the purpose of concealing the source or routing information of bulk unsolicited electronic mail messages in a manner prohibited by subparagraph (D) of this paragraph; ``(ii) has only limited commercially significant purpose or use other than to conceal such source or routing information; or ``(iii) is marketed by the violator or another person acting in concert with the violator and with the violator's knowledge for use in concealing the source or routing information of such messages; (2) in subsection (c)(2)(A)-- (A) by inserting ``(i)'' after ``in the case of an offense''; and (B) by inserting after ``an offense punishable under this subparagraph;'' the following: ``; or (ii) under subsection (a)(5)(D) or (a)(5)(E) of this section which results in damage to a protected computer''; (3) in subsection (c)(2), by adding at the end the following new subparagraph: ``(D) in the case of a violation of subsection (a)(5)(D) or (E), actual monetary loss and statutory damages of $15,000 per violation or an amount of up to $10 per message per violation whichever is greater; and''; (4) in subsection (e)-- (A) by striking ``and'' at the end of paragraph (8); (B) by striking the period at the end of paragraph (9); and (C) by adding at the end the following new paragraphs: ``(10) the term `initiates the transmission' means, in the case of an electronic mail message, to originate the electronic mail message, and excludes the actions of any interactive computer service whose facilities or services are used by another person to transmit, relay, or otherwise handle such message; ``(11) the term `Internet domain' means a specific computer system (commonly referred to as a `host') or collection of computer systems attached to or able to be referenced from the Internet which are assigned a specific reference point on the Internet (commonly referred to as an `Internet domain name') and registered with an organization recognized by the Internet industry as a registrant of Internet domains; ``(12) the term `unsolicited electronic mail message' means any substantially identical electronic mail message other than electronic mail initiated by any person to others with whom such person has a prior relationship, including prior business relationship, or electronic mail sent by a source to recipients where such recipients, or their designees, have at any time affirmatively requested to receive communications from that source; and ``(13) the term `Internet' means all computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected network of networks that employ the Transmission Control Protocol/ Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.''. (5) in subsection (g), by inserting ``and reasonable attorneys' fees and other litigation costs reasonably incurred in connection with civil action'' after ``injunctive relief or other equitable relief''. SEC. 105. DEFINITIONS. For purposes of this title: (1) Broadband.--The term ``broadband'' refers to a transmission capability in excess of 200 kilobits per second in at least one direction. (2) Broadband access transport provider.--The term ``broadband access transport provider'' means one who engages in the broadband transmission of data between a user and his service provider's point of interconnection with the broadband access transport provider's facilities. Such term shall also include a service provider who provides to itself, over facilities owned by it or under its control, the broadband transport of services between itself and its users. (3) Service provider.--The term ``service provider'' means a person who provides a service that enables users to access content, information, electronic mail, or other services. The term may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. (4) Internet.--The term ``Internet'' means all computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected network of networks that employ the Transmission Control Protocol/ Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (5) Broadband service provider market.--The term ``broadband service provider market'' includes the provision of broadband services over a single broadband access transport provider's facilities. TITLE II--ADDITIONAL PROVISIONS SEC. 201. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES. Title VII of the Communications Act of 1934 is amended by adding at the end thereof the following new section: ``SEC. 715. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES. ``(a) Broadband Services Plans.-- ``(1) Plan required.--Within 180 days after the effective date of this section, each local exchange carrier shall submit to the State commission in each State in which such carrier does business a plan to provide broadband telecommunications service in all local exchange areas in which such carrier has telephone exchange service customers as soon as such broadband telecommunications service is economically reasonably and technically feasible. The plan shall include all terms and conditions, including pricing, under which the services shall be provided. The test of economic reasonability and technical feasibility shall be made separately by the local exchange carrier for each local exchange, and the plan shall be considered certified 45 days after submission unless the State commission rejects the plan within such 45 days. Upon rejection of a plan, successive plans shall be submitted until approval is obtained. The plan shall be implemented within 180 days of the certification of the plan in each local exchange in which the provision of the service is both economically reasonable and technically feasible. Upon certification of its plan, the carrier shall be obligated by terms of the plan (including any modifications that it requests that are thereafter certified) but shall otherwise provide such services free of Federal and State price, rate, rate of return, and profit regulation. Upon a determination by the State commission that a local exchange is served by another provider of broadband telecommunications services, or any broadband Internet access transport provider, or upon a determination by such State commission that the local exchange carrier makes broadband telecommunications services available to 70 percent of the access lines in an exchange, a local exchange carrier shall no longer be obligated by the terms of any such plan in such local exchange. ``(2) State modifications prohibited.--Except upon request of the carrier, the State commission shall have no authority to modify any plan submitted pursuant to paragraph (1). ``(3) No commission authority.--The Commission shall have no authority with respect to the terms of any plan and shall have no authority with respect to the approval or rejection of any such plan. ``(b) Supersession of Other Requirements.--An incumbent local exchange carrier's provision of broadband local telecommunications services shall not be subject to the requirements of sections 251(c)(3) and 251(c)(4) of the Act in any State in which that carrier certifies to the State commission that-- ``(1) in central offices in which it provides local loops that are conditioned for broadband services, it provides such loops to other carriers at least as quickly as it provides them for its own customers; ``(2) in central offices in which it does not currently provide local loops that are conditioned for broadband services, but in which such service is economically reasonable and technically feasible, it will provide such loops within 120 days of a request for such conditioning from another carrier; and ``(3) conditioned loops are provided upon such prices and other terms and conditions as the parties shall agree, or in any event of disagreements, as are determined through commercial arbitration, in which the commercial arbitrator shall establish the price based upon the cost of the loops and the costs for such conditioning that have been incurred by the local exchange carrier plus a reasonable profit.''. SEC. 202. ACCELERATED DEPLOYMENT OF INTERNET BACKBONE. (a) InterLATA Internet Services.--Paragraph (21) of section 3 of the Communications Act of 1934 (47 U.S.C. 153(21)), relating to the definition of interLATA service, is amended by inserting before the period the following: ``, except that such term shall not include services that consist of or include the transmission of any data or information, including any writing, signs, signals, pictures, or sounds related to the transmission of such data or information, by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology''. (b) Voice InterLATA Internet Services.--Neither a Bell operating company, nor any affiliate of a Bell operating company, may provide, by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology, two-way voice-only interLATA telecommunications services originating in any of its in- region States until such time as the Federal Communications Commission approves the application of such company for such State pursuant to section 271(d) of the Communications Act of 1934. The terms in this subsection shall have the same respective meanings given such terms in sections 3 and 271 of such Act.", "summary": "TABLE OF CONTENTS: Title I: Antitrust and Criminal Provisions Title II: Additional Provisions Internet Freedom Act - Title I: Antitrust and Criminal Provisions - Provides that in any civil action based on antitrust violations, evidence that an incumbent local exchange carrier that has market power in the broadband service provider market area has willfully and knowingly failed to provide conditioned unbundled local loops when economically reasonable and technically feasible, or restrains the ability of another carrier to compete in the provision of such services, shall establish a presumption of an antitrust violation. Establishes an identical presumption in the case of a broadband access transport provider that has market power in the broadband service provider market who has offered access to a service provider on terms and conditions less favorable than those otherwise offered, or restrains unreasonably the ability of another provider from competing in the provision of such services. Defines: (1) broadband as a transmission capability in excess of 200 kilobits per second in at least one direction; and (2) a broadband access transport provider as one who engages in the broadband transmission of data between a user and his service provider's point of interconnection with the broadband access transport provider's facilities. Makes it unlawful for a broadband access transport provider to engage in unfair methods of competition or unfair or deceptive acts or practices in the provision of such services. Amends the Federal criminal code to provide criminal penalties against anyone who intentionally: (1) and without authorization initiates the transmission of a bulk unsolicited electronic mail message to a protected computer with knowledge that such message falsifies an Internet domain, header information, or other identifier; or (2) sells or distributes any computer program designed primarily to conceal the source or routing information on such mail, has only limited commercially significant purpose or use, or is marketed by the violator or another person acting in concert with the violator with the violator's knowledge of such use. Title II: Additional Provisions - Amends the Communications Act of 1934 to require each local exchange carrier to submit to the State communications commission in each State in which such carrier does business a plan to provide broadband telecommunications service in all local exchange areas in which such carrier has telephone exchange service customers, as soon as such service is economically reasonable and technically feasible. Considers such plan certified unless rejected within 45 days. Requires plan implementation within 180 days (if reasonable and feasible). Prohibits State or Federal Communications Commission (FCC) modification of such plans. Provides that interLATA services shall not include services that consist of or include the transmission of any data or information by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology. Prohibits a Bell operating company or its affiliate from providing, by the Internet or similar network employing such technology, two-way voice only interLATA telecommunications services originating in any of its in-region States until the FCC approves the application of such company for such State."}
{"article": "SECTION 1. PLACEMENT OF MADE IN AMERICA LABELS ON PRODUCTS. (a) Requirements for Use of Labels.--No product may bear a label which states or suggests that the product was made in America unless-- (1) the product has been registered with the Department of Commerce under subsection (b); and (2) the Secretary of Commerce has determined that-- (A) not less than 60 percent of the product was manufactured in the United States; and (B) final assembly of the product took place in the United States. (b) Registry of American-Made Products.--Not later than 12 months after the Secretary has promulgated regulations regarding the registration of products with the Department of Commerce under this section, a person shall register with the Department of Commerce any product on which there is or will be affixed a label which states or suggests that the product was made in America. (c) Penalties for Fraudulent Use of Labels.-- (1) Civil fine.--Any person who, with an intent to defraud or mislead, places on a product a label which states or suggests that the product was ``made in America'' in violation of this section may be assessed a civil penalty by the Secretary of not more than $100,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. The validity of such order may not be reviewed in an action to collect such civil penalty. (2) Injunctive relief.--The Secretary may bring an action to enjoin the violation of, or to compel compliance with, this section, whenever the Secretary believes that such a violation has occurred or is about to occur. (d) Regulations.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall promulgate regulations establishing procedures under which a person shall register a product under this section. (e) Definitions.--For purposes of this section: (1) Label.--The term ``label'' means any written, printed, or graphic matter on, or attached to, a product or any of its containers or wrappers. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 2. ADDITIONAL INFORMATION TO CONSUMERS REGARDING FOREIGN CONTENT OF IMPORTED ARTICLES. (a) In General.--Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is amended as follows: (1) Subsections (f), (g), and (h) are redesignated as subsections (g), (h), and (i), respectively. (2) The following new subsection is inserted after subsection (e): ``(f) Additional Foreign Content Marking.--If an article of foreign origin is required to be marked under subsection (a), or its container is required to be marked under subsection (b), and such article is assembled, in whole or part, from parts that are the product of one or more foreign countries that are not the country of origin for purposes of subsection (a) or (b), the article or container shall be marked in such manner as to indicate, or shall be accompanied by such written, printed, or graphic matter that indicates, in English to the ultimate purchaser in the United States the proportion of the customs value of such article that is accounted for by the parts from each such foreign country.''. (3) Subsection (g) (as redesignated by paragraph (1)) is amended by striking out ``section,'' and inserting ``section (including the requirements relating to parts valuation under subsection (f)),''. (4) Subsection (h) (as redesignated by paragraph (1)) is amended by striking out ``subsection (f)'' and inserting ``subsection (g)''. (b) Effective Date.--The amendments made by subsection (a) apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. SEC. 3. LABELING OF DOMESTIC PRODUCTS WITH FOREIGN PARTS. (a) Requirements for Use of Labels.--Any product which is manufactured in the United States and which is assembled, in whole or in part, from any part that is the product of a foreign country shall, in its labeling for the ultimate purchaser in the United States-- (1) disclose the country of origin of such part, and (2) state the proportion of the cost of such product which is accounted for by such part. (b) Penalties for Violations of Subsection (a).-- (1) Civil fine.--Any person who, with an intent to defraud or mislead, fails to label a product in accordance with subsection (a) may be assessed a civil penalty by the Secretary of not more than $100,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. The validity of such order may not be reviewed in an action to collect such civil penalty. (2) Injunctive relief.--The Secretary may bring an action to enjoin the violation of, or to compel compliance with, subsection (a), whenever the Secretary believes that such a violation has occurred or is about to occur. (c) Regulations.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall promulgate regulations respecting labeling of products under subsection (a). (d) Definitions.--For purposes of this section, the term ``Secretary'' means the Secretary of Commerce.", "summary": "Prohibits a label on a product stating that the product was made in America unless: (1) the product is registered with the Department of Commerce as required by this Act; (2) at least 60 percent of the product was manufactured in the United States; and (3) final assembly took place in this country. Amends the Tariff Act of 1930 to require products to provide additional information to consumers regarding the foreign content of imported articles. Requires any product manufactured in this country and which is assembled with a part from a foreign country to state on its label: (1) the country of origin of such part; and (2) the proportion of the cost of such product which is accounted for by such part. Sets forth penalties for violating provisions of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Land Use Notification Act of 1993''. SEC. 2. REQUIRING CERTAIN FEDERAL AGENCIES TO PROVIDE NOTICE TO DISTRICT OF COLUMBIA BEFORE CARRYING OUT ACTIVITIES AFFECTING PROPERTY LOCATED IN DISTRICT. (a) Requirements for General Services Administration.-- (1) In general.--Title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) is amended by adding at the end the following new section: ``notice to district of columbia of activities affecting property located in the district ``Sec. 213. (a) Except as provided in subsection (b), the Administrator may not carry out any activity under this title that affects real property located in the District of Columbia (including transferring excess property or disposing of surplus property) unless-- ``(1) not later than 60 days before carrying out such activity, the Administrator provides a notice describing such activity and the property affected to the Mayor of the District of Columbia, the Chair of the Council of the District of Columbia, and the Chair of the Advisory Neighborhood Commission (as established pursuant to section 738 of the District of Columbia Self-Government and Governmental Reorganization Act) in whose neighborhood such property is located; and ``(2) the Administrator provides the individuals described in paragraph (1) with the opportunity to present oral or written comments on the activity to the Administrator (or the Administrator's designee) before the Administrator carries out the activity. ``(b) The Administrator may waive the requirements described in subsection (a) if the Administrator finds that compliance with the requirements would jeopardize the public safety or the national security interests of the United States, but only if the Administrator-- ``(1) certifies such finding and the reasons for such finding to the individuals described in paragraph (1) of such subsection and to Congress; and ``(2) at the earliest time practicable, provides such individuals with the notice described in paragraph (1) of such subsection and the opportunity to present comments described in paragraph (2) of such subsection.''. (2) Clerical amendment.--The table of contents for such Act is amended by inserting after the item relating to section 212 the following new item: ``Sec. 213. Notice to District of Columbia of activities affecting property located in the District.''. (b) Notice Requirements for Other Covered Agencies.-- (1) In general.--Except as provided in paragraph (2), a covered agency (as defined in paragraph (3)) may not carry out any activity that affects real property located in the District of Columbia unless-- (A) not later than 60 days before carrying out such activity, such agency provides a notice describing such activity and the property affected to the Mayor of the District of Columbia, the Chair of the Council of the District of Columbia, and the Chair of the Advisory Neighborhood Commission (as established pursuant to section 738 of the District of Columbia Self-Government and Governmental Reorganization Act) in whose neighborhood such property is located; and (B) the agency provides the individuals described in subparagraph (A) with the opportunity to present oral or written comments on the activity to a representative of the agency before the agency carries out the activity. (2) Exception for emergencies.--A covered agency may waive the requirements of paragraph (1) if the agency finds that compliance with the requirements would jeopardize the public safety or the national security interests of the United States, but only if the agency-- (A) certifies such finding and the reasons for such finding to the individuals described in subparagraph (A) of such paragraph and to Congress; and (B) at the earliest time practicable, provides such individuals with the notice described in subparagraph (A) of such paragraph and the opportunity to present comments described in subparagraph (B) of such paragraph. (3) Covered agency defined.--In this subsection, the term ``covered agency'' means any of the following: (A) The Architect of the Capitol. (B) The National Park Service. (C) The Smithsonian Institution. (c) Prior Approval for Events at Tennis Stadium at Rock Creek Park.--No event may be held at the William H. G. Fitzgerald Tennis Center at Rock Creek Park without the prior approval of the Director of the National Park Service and the Mayor of the District of Columbia. SEC. 3. EFFECTIVE DATE. The amendments made by section 2(a) shall apply to activities carried out after the expiration of the 60-day period that begins on the date of the enactment of this Act, and sections 2 (b) and (c) shall apply to activities carried out and events held after the expiration of such period.", "summary": "District of Columbia Land Use Notification Act of 1993 - Amends the Federal Property and Administrative Services Act of 1949 to prohibit the Administrator of General Services, the Architect of the Capitol, the National Park Service, and the Smithsonian Institution from carrying out any activity that affects real property located in the District of Columbia (including transferring excess property or disposing of surplus property) unless the following individuals are notified with an opportunity to comment: (1) the Mayor of the District of Columbia; (2) the Chair of the Council of the District; and (3) the Chair of the Advisory Neighborhood Commission in whose neighborhood such property is located. Prohibits an event from being held at the William H.G. Fitzgerald Tennis Center at Rock Creek Park without the prior approval of the Director of the National Park Service and the Mayor of the District of Columbia. Authorizes the Administrator to waive the requirements of this Act if compliance would jeopardize public safety or national security interests: (1) upon certifying such finding to such individuals; and (2) providing the individuals with a notice and an opportunity to comment."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Oil Subsidy Elimination for New Strategies on Energy Act'' or the ``Oil SENSE Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 Sec. 101. Termination of certain provisions of the Energy Policy Act of 2005. TITLE II--SUSPENSION OF ROYALTY RELIEF Sec. 201. Suspension of royalty relief. Sec. 202. Renegotiation of existing leases. TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES Sec. 301. Repeal of tax subsidies enacted by the Energy Policy Act of 2005 for oil and gas. SEC. 2. FINDINGS. Congress finds that-- (1) record highs in oil and natural gas prices have resulted in record profits for oil and natural gas producers and refiners; (2) oil prices are projected to remain high for the foreseeable future; (3) the Department of the Interior estimates that as much as $66,000,000,000 worth of oil and natural gas taken from the deep waters of the Gulf of Mexico over the next 5 years will be exempt from Government royalty payments, which could amount to the Government losing an estimated $7,000,000,000 to $9,500,000,000 based on anticipated production and current price projections for oil and gas, according to an analysis in the 5-year budget plan of the Department of the Interior; (4) the chief executive officers of the top 5 oil companies stated at a November 9, 2005, joint hearing of the Committee on Energy and Natural Resource of the Senate and the Committee on Environment and Public Works of the Senate that their companies did not need the Federal tax incentives provided in the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.); (5) the Statement of Administration Policy of June 14, 2005, on the energy bill that would become the Energy Policy Act of 2005 states, ``The President believes that additional taxpayer subsidies for oil-and-gas exploration are unwarranted in today's price environment, and urges the Senate to eliminate the Federal oil-and-gas subsidies and other exploration incentives contained in the bill.''; and (6) incentives for the energy industry should be focused on the development of renewable energy resources in the United States that will also promote, jobs, investment, innovation, and economic development in rural, agriculture-dependent areas. TITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 SEC. 101. TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005. (a) In General.--The following provisions of the Energy Policy Act of 2005 are repealed as of the date of enactment of this Act: (1) Section 343 (42 U.S.C. 15903) (relating to marginal property production incentives). (2) Section 344 (42 U.S.C. 15904) (relating to incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico). (3) Section 345 (42 U.S.C. 15905) (relating to royalty relief for deep water production). (4) Section 346 (Public Law 109-58; 119 Stat. 794) (relating to Alaska offshore royalty suspension). (5) Section 357 (42 U.S.C. 15912) (relating to comprehensive inventory of OCS oil and natural gas resources). (6) Section 362 (42 U.S.C. 15921) (relating to management of Federal oil and gas leasing programs). (7) Subtitle J of title IX (42 U.S.C. 16371 et seq.) (relating to ultra-deepwater and unconventional natural gas and other petroleum resources). (b) Termination of Alaska Offshore Royalty Suspension.-- (1) In general.--Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended by striking ``and in the Planning Areas offshore Alaska''. (2) Effective date.--The amendment made by this subsection shall take effect as of the date of enactment of this Act. TITLE II--SUSPENSION OF ROYALTY RELIEF SEC. 201. SUSPENSION OF ROYALTY RELIEF. (a) In General.--Subject to subsection (c), the Secretary of the Interior (referred to in this title as the ``Secretary'') shall suspend the application of any provision of Federal law under which a person would otherwise be provided relief from a requirement to pay a royalty for the production of oil or natural gas from Federal land (including submerged land) occurring after the date of enactment of this Act during any period in which-- (1) for the production of oil, the average price of crude oil in the United States during the 4-week period immediately preceding the suspension is greater than $34.71 per barrel; and (2) for the production of natural gas, the average wellhead price of natural gas in the United States during the 4-week period immediately preceding the suspension is greater than $4.34 per 1,000 cubic feet. (b) Determination of Average Prices.--For purposes of subsection (a), the Secretary shall determine average prices, taking into consideration the most recent data reported by the Energy Information Administration. (c) Required Adjustment.--For fiscal year 2008 and each subsequent fiscal year, each dollar amount specified in subsection (a) shall be adjusted to reflect changes for the 1-year period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. SEC. 202. RENEGOTIATION OF EXISTING LEASES. (a) Requirement.--The Secretary shall renegotiate each lease authorizing production of oil or natural gas on Federal land (including submerged land) issued by the Secretary before the date of enactment of this Act as the Secretary determines to be necessary to modify the terms of the lease to ensure that a suspension of a requirement to pay royalties under the lease does not apply to production described in section 201(a). (b) Failure to Renegotiate and Modify.--Beginning on the date that is 1 year after the date of enactment of this Act, a lessee under a lease described in subsection (a) shall not be eligible-- (1) to enter into a new lease described in that subsection; or (2) to obtain by sale or other transfer any lease issued before that date, unless the lessee-- (A) renegotiates the lease; and (B) enters into an agreement with the Secretary to modify the terms of the lease in accordance with subsection (a). TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES SEC. 301. REPEAL OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 PROVIDING TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY. (a) Repeal of Election to Expense Certain Refineries.-- (1) In general.--Subparagraph (B) of section 179C(c)(1) of the Internal Revenue Code of 1986 (relating to qualified refinery property) is amended by striking ``January 1, 2012'' and inserting ``the date of the enactment of the Oil Subsidy Elimination for New Strategies on Energy Act''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (b) Repeal of Treatment of Natural Gas Distribution Lines as 15- Year Property.-- (1) In general.--Clause (viii) of section 168(e)(3)(E) of such Code (relating to 15-year property) is amended by striking ``January 1, 2011'' and inserting ``the Oil Subsidy Elimination for New Strategies on Energy Act''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (c) Repeal of Treatment of Natural Gas Gathering Lines as 7-Year Property.-- (1) In general.--Clause (iv) of section 168(e)(3)(C) of such Code (relating to 7-year property) is amended by inserting ``and which is placed in service before the date of the enactment of the Oil Subsidy Elimination for New Strategies on Energy Act'' after ``April 11, 2005,''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (d) Repeal of New Rule for Determining Small Refiner Exception to Oil Depletion Deduction.-- (1) In general.--Paragraph (4) of section 613A(d) of such Code (relating to certain refiners excluded) is amended to read as follows: ``(4) Certain refiners excluded.--If the taxpayer or a related person engages in the refining of crude oil, subsection (c) shall not apply to such taxpayer if on any day during the taxable year the refinery runs of the taxpayer and such person exceed 50,000 barrels.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to taxable years beginning after the date of the enactment of this Act. (e) Repeal of Amortization of Geological and Geophysical Expenditures.-- (1) In general.--Section 167 of such Code (relating to depreciation) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). (2) Conforming amendment.--Section 263A(c)(3) of such Code is amended by striking ``167(h),''. (3) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after the date of the enactment of this Act.", "summary": "Oil Subsidy Elimination for New Strategies on Energy Act or the Oil SENSE Act - Repeals provisions of the Energy Policy Act of 2005 relating to: (1) incentives for production from marginal oil wells; (2) incentives for natural gas production in the Gulf of Mexico; (3) royalty relief for deep water production; (4) Alaska offshore royalty suspension; (5) the inventory of Outer Continental Shelf oil and natural gas resources; (6) management of federal oil and gas leasing programs; and (7) ultra-deepwater and unconventional natural gas and other petroleum resources. Requires the Secretary of the Interior to: (1) suspend royalty relief for producers of oil or natural gas on federal lands during periods in which oil and natural gas production is at certain levels; and (2) renegotiate certain existing leases for oil and natural gas production on federal land. Repeals provisions of the Internal Revenue Code relating to: (1) the election to expense certain costs associated with liquid fuel refineries; (2) accelerated depreciation of natural gas distribution lines and natural gas gathering lines; and (3) accelerated amortization of geological and geophysical expenditures. Reduces the daily barrel production requirement (from 75,000 to 50,000) applicable to small refiners eligible for the exemption from limitations on the oil and gas depletion allowance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Gift Card Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Debit card.--The term ``debit card'' has the meaning given the term in section 603(r)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681a(r)(3)). (2) Dormancy fee; inactivity charge or fee.--The terms ``dormancy fee'' and ``inactivity charge or fee'' mean a fee, charge, or penalty for non-use or inactivity of a gift certificate, store gift card, or general-use prepaid card. (3) Financial institution.--The term ``financial institution'' has the meaning given the term in section 603(t) of the Fair Credit Reporting Act (15 U.S.C. 1681a(t)). (4) General-use prepaid card, gift certificate, and store gift card.-- (A) General-use prepaid card.--The term ``general- use prepaid card'' means a card or other electronic payment device issued by a financial institution or licensed money transmitter that is-- (i) redeemable at multiple, unaffiliated merchants or service providers, or automated teller machines; (ii) issued in a requested amount whether or not that amount may, at the option of the issuer, be increased in value or reloaded if requested by the holder; (iii) purchased or loaded on a prepaid basis; and (iv) honored, upon presentation, by merchants for goods or services, or at automated teller machines. (B) Gift certificate.--The term ``gift certificate'' means a written promise that is-- (i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount and cannot be increased; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. (C) Store gift card.--The term ``store gift card'' means a plastic card or other electronic payment device that is-- (i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount and may or may not be increased in value or reloaded; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. (D) Exclusions.--The terms ``general-use prepaid card'', ``gift certificate'', and ``store gift card'' do not include a written promise, plastic card, or other electronic device that is-- (i) used solely for telephone services; or (ii) associated with a demand deposit, checking, savings, or similar account that-- (I) is in the name of an individual or on behalf of an individual at a bank or financial institution; and (II) provides payment solely by debiting such account. (5) Licensed money transmitter.--The term ``licensed money transmitter'' means a person who sells or issues payment instruments or engages in the business of receiving money for transmission or transmitting money within the United States or to locations abroad by any and all means, including payment instrument, wire, facsimile, or electronic transfer. (6) Service fee.--The term ``service fee'' means a periodic fee, charge, or penalty for holding or use of a gift certificate, store gift card, or general-use prepaid card. SEC. 3. UNFAIR OR DECEPTIVE ACTS OR PRACTICES REGARDING GIFT CARDS. (a) Prohibition on Imposition of Fees or Charges.-- (1) In general.--Except as provided under paragraphs (2) through (4), it shall be unlawful for any person to impose, with respect to a gift certificate, store gift card, or general-use prepaid card, a dormancy fee, inactivity charge or fee, or a service fee. (2) Exception.--A dormancy fee, inactivity charge or fee, or service fee may be charged with respect to a gift certificate, store gift card, or general-use prepaid card if-- (A) such certificate or card has a remaining value of $5 or less at the time such charge or fee is assessed; (B) such charge or fee does not exceed $1; (C)(i) there has been no activity with respect to the certificate or card in the 24-month period ending on the date the charge or fee is imposed; and (ii) the certificate or card was issued more than 24 months before such date; (D) the holder of the certificate or card may reload or add value to the certificate or card; and (E) the disclosure requirements of paragraph (3) are met. (3) Disclosure requirements.--The disclosure requirements of this paragraph are met if-- (A) the gift certificate, store gift card, or general-use prepaid card clearly and conspicuously states in at least 10-point type-- (i) that a dormancy fee, inactivity charge or fee, or service fee may be charged; (ii) the amount of such fee or charge; (iii) how often such fee or charge may be assessed; and (iv) that such fee or charge may be assessed for inactivity; and (B) the issuer of such certificate or card informs the purchaser of such charge or fee before such certificate or card is purchased, regardless of whether the certificate or card is purchased in person, over the Internet, or by telephone. (4) Exclusion.--The prohibition under paragraph (1) shall not apply to gift certificates that-- (A)(i) are distributed pursuant to an award, loyalty, or promotional program; and (ii) with respect to which there is no money or other value exchanged; or (B)(i) expire not later than 30 days after the date they are sold; and (ii) are sold below the face value of the certificate to an employer or to a nonprofit or charitable organization for fund-raising purposes. (b) Prohibition on Sale of Gift Cards With Expiration Dates.-- (1) In general.--Except as provided under paragraph (2), it shall be unlawful for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date. (2) Exceptions.--A gift certificate, store gift card, or general-use prepaid card may contain an expiration date if-- (A) the expiration date is not less than 5 years after the date on which the card is purchased; and (B) the terms of expiration are prominently disclosed in all capital letters that are at least 10- point type. SEC. 4. RELATION TO STATE LAWS. This Act and any regulations or standards established pursuant to this Act shall not supersede any provision of State law with respect to dormancy fees, inactivity charges or fees, service fees, or expiration dates of gift certificates, store gift cards, or general-use prepaid cards. SEC. 5. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (c) Individual Cause of Action.--Nothing in this Act shall be construed to limit an individual's rights to enforce a State law relating to unfair or deceptive acts or practices.", "summary": "Fair Gift Card Act of 2009 - Declares it unlawful, with certain exceptions, for any person to impose a dormancy fee, inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card. Declares it unlawful, with certain exceptions, for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date. Requires any violation of this Act to be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Any TARP Extension Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) On October 7, 2008, Congress established the Troubled Assets Relief Program (TARP) as part of the Emergency Economic Stabilization Act (Public Law 110-343; 122 Stat. 3765) and allocated $700,000,000,000 for the purchase of toxic assets from banks with the goal of restoring liquidity to the financial sector and restarting the flow of credit in our markets. (2) The Secretary of the Treasury, without consultation with the Congress, changed the purpose of Troubled Assets Relief Program and began injecting capital into financial institutions through a program called the Capital Purchase Program (CPP) rather than purchasing toxic assets. (3) Lending by financial institutions was not noticeably increased with the implementation of the Capital Purchase Program and the expenditure of $250,000,000,000 of the funds under the Troubled Assets Relief Program, despite the goal of the program. (4) The recipients of amounts under the Capital Purchase Program are now faced with additional restrictions related to accepting those funds. (5) A number of community banks and large financial institutions have expressed their desire to return their Capital Purchase Program funds to the Secretary of the Treasury and the Secretary has begun the process of accepting receipt of such funds. (6) The Secretary of the Treasury should not unilaterally determine how these returned funds are spent in the future and the Congress should play a role in any determination of future spending of funds returned through the Troubled Assets Relief Program. SEC. 3. REPEAL OF TARP EXTENSION AUTHORITY. Section 120 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5230) is amended-- (1) by striking ``(a) Termination.--''; and (2) by striking subsection (b). SEC. 4. DEBT REDUCTION. Subsection (d) of section 106 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)) is amended to read as follows: ``(d) Debt Reduction.-- ``(1) In general.--The Secretary of the Treasury shall deposit in Public Debt Reduction Payment Account-- ``(A) all remaining funds available under this title not later than 30 days after the date of enactment of this section; ``(B) any amounts received by the Secretary for repayment of financial assistance, for payment of any interest on the receipt of such financial assistance by an entity that has received financial assistance under this title or any program enacted by the Secretary under the authorities granted to the Secretary under this title, including the Capital Purchase Program; and ``(C) revenues of, and proceeds from the sale of troubled assets purchased under this title, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under section 113. ``(2) Public debt reduction payment account.--The term `Public Debt Reduction Payment Account' means the account established under section 3114 of title 31, United States Code.''. SEC. 5. ESTABLISHMENT OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT. (a) In General.--Subchapter I of chapter 31 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 3114. Public Debt Reduction Payment Account ``(a) Account Established.--There is hereby established in the Treasury of the United States an account to be known as the Public Debt Reduction Payment Account (hereinafter in this section referred to as the `Account'). ``(b) Use of Account.--The Secretary of the Treasury shall use amounts in the Account to pay at maturity, or to redeem or buy before maturity, any obligation of the Government held by the public and included in the public debt. Any obligation which is paid, redeemed, or bought with amounts from the account shall be canceled and retired and may not be reissued. Amounts deposited in the account are appropriated and may only be expended to carry out this section. ``(c) Deposits.--There shall be deposited in the Account any amounts which are received by the Secretary of the Treasury pursuant to section 137 of the Emergency Economic Stabilization Act of 2008. The funds deposited to this account shall remain available until expended. ``(d) Implementation.--The Secretary of the Treasury and the Director of the Office of Management and Budget shall each take such actions as may be necessary to promptly carry out this section in accordance with sound debt management policies. ``(e) Coordination With Debt Management.--Reducing the debt pursuant to this section shall not interfere with the debt management policies or goals of the Secretary of the Treasury.''. (b) Clerical Amendment.--The table of contents for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3113 the following new item: ``3114. Public Debt Reduction Payment Account.''. SEC. 6. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT. Section 3101(b) of title 31, United States Code, is amended by inserting ``minus the aggregate amounts deposited into the Public Debt Reduction Payment Account pursuant to section 3114(c)'' before ``, outstanding at one time''. SEC. 7. OFF-BUDGET STATUS OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT. Notwithstanding any other provision of law, the receipts and disbursements of the Public Debt Reduction Payment Account established by section 3114 of title 31, United States Code, shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (1) the budget of the United States Government as submitted by the President; (2) the congressional budget; or (3) the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 8. REMOVING PUBLIC DEBT REDUCTION PAYMENT ACCOUNT FROM BUDGET PRONOUNCEMENTS. (a) In General.--Any official statement issued by the Office of Management and Budget, the Congressional Budget Office, or any other agency or instrumentality of the Federal Government of surplus or deficit totals of the budget of the United States Government as submitted by the President or of the surplus or deficit totals of the congressional budget, and any description of, or reference to, such totals in any official publication or material issued by either of such Offices or any other such agency or instrumentality, shall exclude the outlays and receipts of the Public Debt Reduction Payment Account established by section 3114 of title 31, United States Code. (b) Separate Public Debt Reduction Payment Account Budget Documents.--The excluded outlays and receipts of the Public Debt Reduction Payment Account established by section 3114 of title 31, United States Code, shall be submitted in separate budget documents.", "summary": "Stop Any TARP Extension Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to: (1) terminate on December 31, 2009 (as under current law), the authority of the Secretary of the Treasury to implement the Troubled Asset Relief Program (TARP); and (2) repeal the Secretary's authority to extend the TARP program through October 3, 2010, upon submission of a written certification to Congress. Revises the requirement that revenues of and proceeds from the sale of troubled assets purchased under TARP, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under TARP, be paid into the general fund of the Treasury for reduction of the public debt. Establishes the Public Debt Reduction Payment Account. Directs the Secretary to deposit into the Account the following: (1) all remaining EESA funds; (2) amounts received for repayment of financial assistance, as well as payment of interest by a recipient of such assistance under TARP or any related program, including the Capital Purchase Program; and (3) revenues and proceeds from the sale of troubled assets that were purchased under EESA, or from the sale, exercise, or surrender of warrants or senior debt instruments, as under current law. Instructs the Secretary to: (1) use amounts in the Account to pay at maturity (or to redeem or buy before maturity) any obligation of the government held by the public and included in the public debt; and (2) deposit into the Account specified funds received by the Secretary pursuant to EESA. Lowers the statutory limit on the public debt by the aggregate amounts deposited into the Public Debt Reduction Payment Account. Prohibits the receipts and disbursements of the Account from being counted as new budget authority, outlays, receipts, or deficit or surplus for presidential or congressional budget purposes, and requires their exclusion from any official budget statements."}
{"article": "SECTION 1. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL SECURITY CARD PROGRAM IMPROVEMENTS AND ASSESSMENT. (a) Credential Improvements.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Administrator of the Transportation Security Administration shall commence actions, consistent with section 70105 of title 46, United States Code, to improve the Transportation Security Administration's process for vetting individuals with access to secure areas of vessels and maritime facilities. (2) Required actions.--The actions described under paragraph (1) shall include-- (A) conducting a comprehensive risk analysis of security threat assessment procedures, including-- (i) identifying those procedures that need additional internal controls; and (ii) identifying best practices for quality assurance at every stage of the security threat assessment; (B) implementing the additional internal controls and best practices identified under subparagraph (A); (C) improving fraud detection techniques, such as-- (i) by establishing benchmarks and a process for electronic document validation; (ii) by requiring annual training for Trusted Agents; and (iii) by reviewing any security threat assessment- related information provided by Trusted Agents and incorporating any new threat information into updated guidance under subparagraph (D); (D) updating the guidance provided to Trusted Agents regarding the vetting process and related regulations; (E) finalizing a manual for Trusted Agents and adjudicators on the vetting process; and (F) establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions. (3) Report.--Not later than 2 years after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall submit a report to Congress that evaluates the implementation of the actions described in paragraph (1). (b) Comprehensive Security Assessment of the Transportation Security Card Program.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall commission an assessment of the effectiveness of the transportation security card program (referred to in this section as ``Program'') required under section 70105 of title 46, United States Code, at enhancing security and reducing security risks for facilities and vessels regulated under chapter 701 of that title. (2) Location.--The assessment commissioned under paragraph (1) shall be conducted by a research organization with significant experience in port or maritime security, such as-- (A) a national laboratory; (B) a university-based center within the Science and Technology Directorate's centers of excellence network; or (C) a qualified federally-funded research and development center. (3) Contents.--The assessment commissioned under paragraph (1) shall-- (A) review the credentialing process by determining-- (i) the appropriateness of vetting standards; (ii) whether the fee structure adequately reflects the current costs of vetting; (iii) whether there is unnecessary redundancy or duplication with other Federal- or State-issued transportation security credentials; and (iv) the appropriateness of having varied Federal and State threat assessments and access controls; (B) review the process for renewing applications for Transportation Worker Identification Credentials, including the number of days it takes to review application, appeal, and waiver requests for additional information; and (C) review the security value of the Program by-- (i) evaluating the extent to which the Program, as implemented, addresses known or likely security risks in the maritime and port environments; (ii) evaluating the potential for a non-biometric credential alternative; (iii) identifying the technology, business process, and operational impacts of the use of the transportation security card and transportation security card readers in the maritime and port environments; (iv) assessing the costs and benefits of the Program, as implemented; and (v) evaluating the extent to which the Secretary of Homeland Security has addressed the deficiencies in the Program identified by the Government Accountability Office and the Inspector General of the Department of Homeland Security before the date of enactment of this Act. (4) Deadlines.--The assessment commissioned under paragraph (1) shall be completed not later than 1 year after the date on which the assessment is commissioned. (5) Submission to congress.--Not later than 60 days after the date that the assessment is completed, the Secretary of Homeland Security shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives the results of the assessment commissioned under this subsection. (c) Corrective Action Plan; Program Reforms.--If the assessment commissioned under subsection (b) identifies a deficiency in the effectiveness of the Program, the Secretary of Homeland Security, not later than 60 days after the date on which the assessment is completed, shall submit a corrective action plan to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives that-- (1) responds to findings of the assessment; (2) includes an implementation plan with benchmarks; (3) may include programmatic reforms, revisions to regulations, or proposals for legislation; and (4) shall be considered in any rulemaking by the Department of Homeland Security relating to the Program. (d) Inspector General Review.--If a corrective action plan is submitted under subsection (c), the Inspector General of the Department of Homeland Security shall-- (1) not later than 120 days after the date of such submission, review the extent to which such plan implements the requirements under subsection (c); and (2) not later than 18 months after the date of such submission, and annually thereafter for 3 years, submit a report to the congressional committees set forth in subsection (c) that describes the progress of the implementation of such plan. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(This measure has not been amended since it was passed by the Senate on December 10, 2016. (Sec. 1) This bill directs the Transportation Security Administration (TSA) to commence actions to improve its process for vetting individuals with access to secure areas of vessels and maritime facilities. These actions shall include: conducting a comprehensive risk analysis of security threat assessment procedures, including identifying procedures that need additional internal controls as well as best practices for quality assurance at every stage of the assessment; implementing such internal controls and best practices; improving fraud detection techniques; updating the guidance provided to Trusted Agents (Credentialing Office) regarding the vetting process and related regulations; finalizing a manual for such agents and adjudicators on the vetting process; and establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions. The Department of Homeland Security (DHS) shall commission a national laboratory, a university-based center within the Science and Technology Directorate's centers of excellence network, or a qualified federally-funded research and development center to conduct an assessment of the effectiveness of the Transportation Worker Identification Credential (TWIC) Program at enhancing security and reducing security risks for maritime facilities and vessels that pose a high risk of being involved in a transportation security incident. The assessment shall review: the credentialing process, the process for renewing TWIC applications, and the security value of the TWIC program. If the assessment identifies a deficiency in effectiveness of the TWIC Program, DHS shall submit to Congress a corrective action plan that: responds to assessment findings and includes an implementation plan with benchmarks, and shall be considered in any DHS rulemaking with respect to the TWIC Program. The DHS Inspector General must review and report on the corrective action plan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Enhancement and Jobs Act of 2011''. SEC. 2. PERIOD FOR RESOLVING APPLICATIONS SUBMITTED TO THE TRANSPORTATION SECURITY ADMINISTRATION FOR THE AIRPORT SECURITY SCREENING OPT-OUT PROGRAM. (a) In General.--Section 44920(b) of title 49, United States Code, is amended to read as follows: ``(b) Approval of Applications.-- ``(1) In general.--Not later than 120 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Secretary shall approve or deny the application. ``(2) Standards.--The Secretary shall approve an application submitted by an airport operator under subsection (a) unless the Secretary determines that the approval would compromise security, detrimentally affect the efficiency or effectiveness of the screening of passengers or property at the airport, or otherwise adversely affect the mission of the Transportation Security Administration. ``(3) Reports on denials of applications.-- ``(A) In general.--If the Secretary denies an application submitted by an airport operator under subsection (a), the Secretary shall provide to the airport operator a written report that sets forth-- ``(i) the findings that served as the basis for the denial; ``(ii) the results of any cost or security analysis conducted in considering the application; and ``(iii) recommendations on how the airport operator can address the reasons for the denial. ``(B) Submission to congress.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A). ``(4) Approved applications.-- ``(A) List of qualified private screening companies.--Not later than 60 days after the date the Secretary approves an application submitted by an airport operator under subsection (a), the Secretary shall provide to the airport operator a list of qualified private screening companies (as described in subsection (c)), except that this subparagraph shall not apply in a case in which the airport operator is competing to provide screening services at the airport. ``(B) Consideration of airport operator's recommendations.--In selecting a private screening company to provide screening services at an airport, the Secretary shall take into consideration any recommendation from the airport operator as to which company would best serve the security screening and passenger needs of the airport.''. (b) Delegation of Authority.--Section 44920 of such title is amended by adding at the end the following: ``(h) Delegation of Authority.--The Secretary may carry out this section acting through the Assistant Secretary of Homeland Security (Transportation Security Administration).''. (c) Reconsideration of Applications Pending as of January 1, 2011.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall reconsider any application for the screening of passengers and property that-- (A) was submitted by the operator of an airport pursuant to section 44920(a) of such title; (B) was pending for final decision by the Secretary as of January 1, 2011; and (C) has not been approved by the Secretary on or before such date of enactment. (2) Notice to airport operators.--The Secretary shall provide written notice to the operator of an airport that submitted an application to be reconsidered under paragraph (1). The notice shall-- (A) inform the operator that the Secretary will reconsider the application; (B) if the application was initially denied, advise the operator of the findings that served as the basis for the denial; and (C) request the operator to provide the Secretary with such additional information as the Secretary determines necessary to reconsider the application. (3) Deadline; standards.--The Secretary shall approve or deny an application to be reconsidered under paragraph (1) on or before the last day of the 120-day period beginning on the date of enactment of this Act. The Secretary shall apply the standards set forth in section 44920(b) of such title (as amended by this section) in approving and denying such applications. (4) Deemed approval.--If the Secretary does not approve or deny an application to be reconsidered under paragraph (1) on or before the last day of the 120-day period referred to in paragraph (3), the application shall be deemed approved. (5) Reports on denials of applications.-- (A) In general.--If the Secretary denies an application of an airport operator following reconsideration under this subsection, the Secretary shall provide to the airport operator a written report that sets forth-- (i) the findings that served as the basis for the denial; (ii) the results of any cost or security analysis conducted in considering the application; and (iii) recommendations on how the airport operator can address the reasons for the denial. (B) Submission to congress.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A). (d) References to Under Secretary.--Section 44920 of such title is amended-- (1) in subsection (a) by striking ``Under Secretary'' the first place it appears and inserting ``Secretary of Homeland Security''; (2) by striking ``Under Secretary'' each place it appears and inserting ``Secretary''; and (3) in subsection (g) by striking ``of Homeland Security'' each place it appears.", "summary": "Security Enhancement and Jobs Act of 2011 - Transfers from the Under Secretary of Transportation for Security (DOT) to the Secretary of Homeland Security (DHS) the authority to approve, within 120 days after receipt, any application of an airport operator to have the screening of passengers and property at an airport be carried out by the screening personnel of a qualified private screening company (security screening opt-out program). Requires the Secretary to approve such an application unless approval would compromise security, detrimentally affect the efficiency or effectiveness of screening, or otherwise adversely affect the mission of the Transportation Security Administration (TSA). Authorizes the Secretary to carry out this Act acting through the Assistant Secretary of Homeland Security (TSA)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Freedom of Information Act Amendments of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the purpose of section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, is to require agencies of the Federal Government to make certain agency information available for public inspection and copying and to establish and enable enforcement of the right of any person to obtain access to the records of such agencies, subject to statutory exemptions, for any public or private purpose; (2) since the enactment of the Freedom of Information Act in 1966, and the amendments enacted in 1974 and 1986, the Freedom of Information Act has been a valuable means through which any person can learn how the Federal Government operates; (3) the Freedom of Information Act has led to the disclosure of waste, fraud, abuse, and wrongdoing in the Federal Government; (4) the Freedom of Information Act has led to the identification of unsafe consumer products, harmful drugs, and serious health hazards; (5) Government agencies increasingly use computers to conduct agency business and to store publicly valuable agency records and information; and (6) Government agencies should use new technology to enhance public access to agency records and information. (b) Purposes.--The purposes of this Act are to-- (1) foster democracy by ensuring public access to agency records and information; (2) improve public access to agency records and information; (3) ensure agency compliance with statutory time limits; and (4) maximize the usefulness of agency records and information collected, maintained, used, retained, and disseminated by the Federal Government. SEC. 3. APPLICATION OF REQUIREMENTS TO ELECTRONIC FORMAT INFORMATION. Section 552(f) of title 5, United States Code, is amended to read as follows: ``(f) For purposes of this section, the term-- ``(1) `agency' as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and ``(2) `record' and any other term used in this section in reference to information includes any information that would be an agency record subject to the requirements of this section when maintained by an agency in any format, including an electronic format.''. SEC. 4. INFORMATION MADE AVAILABLE IN ELECTRONIC FORMAT AND INDEXATION OF RECORDS. Section 552(a)(2) of title 5, United States Code, is amended-- (1) in the second sentence, by striking ``or staff manual or instruction'' and inserting ``staff manual, instruction, or copies of records referred to in subparagraph (D)''; (2) by inserting before the period at the end of the third sentence the following: ``, and the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the exemption in subsection (b) under which the deletion is made''; (3) by inserting after the third sentence the following: ``If technically feasible, the extent of the deletion shall be indicated at the place in the record where the deletion was made.''; (4) in subparagraph (B), by striking ``and'' after the semicolon; (5) by inserting after subparagraph (C) the following: ``(D) copies of all records, regardless of form or format, which have been released to any person under paragraph (3) and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and ``(E) a general index of the records referred to under subparagraph (D);''; (6) by inserting after the fifth sentence the following: ``Each agency shall make the index referred to in subparagraph (E) available by computer telecommunications by December 31, 1999.''; and (7) by inserting after the first sentence the following: ``For records created on or after November 1, 1996, within one year after such date, each agency shall make such records available, including by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means.''. SEC. 5. HONORING FORM OR FORMAT REQUESTS. Section 552(a)(3) of title 5, United States Code, is amended-- (1) by inserting ``(A)'' after ``(3)''; (2) by striking ``(A)'' the second place it appears and inserting ``(i)''; (3) by striking ``(B)'' and inserting ``(ii)''; and (4) by adding at the end the following new subparagraphs: ``(B) In making any record available to a person under this paragraph, an agency shall provide the record in any form or format requested by the person if the record is readily reproducible by the agency in that form or format. Each agency shall make reasonable efforts to maintain its records in forms or formats that are reproducible for purposes of this section. ``(C) In responding under this paragraph to a request for records, an agency shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system. ``(D) For purposes of this paragraph, the term `search' means to review, manually or by automated means, agency records for the purpose of locating those records which are responsive to a request.''. SEC. 6. STANDARD FOR JUDICIAL REVIEW. Section 552(a)(4)(B) of title 5, United States Code, is amended by adding at the end the following new sentence: ``In addition to any other matters to which a court accords substantial weight, a court shall accord substantial weight to an affidavit of an agency concerning the agency's determination as to technical feasibility under paragraph (2)(C) and subsection (b) and reproducibility under paragraph (3)(B).''. SEC. 7. ENSURING TIMELY RESPONSE TO REQUESTS. (a) Multitrack Processing.--Section 552(a)(6) of title 5, United States Code, is amended by adding at the end the following new subparagraph: ``(D)(i) Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for multitrack processing of requests for records based on the amount of work or time (or both) involved in processing requests. ``(ii) Regulations under this subparagraph may provide a person making a request that does not qualify for the fastest multitrack processing an opportunity to limit the scope of the request in order to qualify for faster processing. ``(iii) This subparagraph shall not be considered to affect the requirement under subparagraph (C) to exercise due diligence.''. (b) Unusual Circumstances.--Section 552(a)(6)(B) of title 5, United States Code, is amended to read as follows: ``(B)(i) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the unusual circumstances for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more than ten working days, except as provided in clause (ii) of this subparagraph. ``(ii) With respect to a request for which a written notice under clause (i) extends the time limits prescribed under clause (i) of subparagraph (A), the agency shall notify the person making the request if the request cannot be processed within the time limit specified in that clause and shall provide the person an opportunity to limit the scope of the request so that it may be processed within that time limit or an opportunity to arrange with the agency an alternative time frame for processing the request or a modified request. Refusal by the person to reasonably modify the request or arrange such an alternative time frame shall be considered as a factor in determining whether exceptional circumstances exist for purposes of subparagraph (C). ``(iii) As used in this subparagraph, `unusual circumstances' means, but only to the extent reasonably necessary to the proper processing of the particular requests-- ``(I) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; ``(II) the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or ``(III) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject- matter interest therein. ``(iv) Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for the aggregation of certain requests by the same requestor, or by a group of requestors acting in concert, if the agency reasonably believes that such requests actually constitute a single request, which would otherwise satisfy the unusual circumstances specified in this subparagraph, and the requests involve clearly related matters. Multiple requests involving unrelated matters shall not be aggregated.''. (c) Exceptional Circumstances.--Section 552(a)(6)(C) of title 5, United States Code, is amended by inserting ``(i)'' after ``(C)'', and by adding at the end the following new clauses: ``(ii) For purposes of this subparagraph, the term `exceptional circumstances' does not include a delay that results from a predictable agency workload of requests under this section, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests. ``(iii) Refusal by a person to reasonably modify the scope of a request or arrange an alternative time frame for processing a request (or a modified request) under clause (ii) after being given an opportunity to do so by the agency to whom the person made the request shall be considered as a factor in determining whether exceptional circumstances exist for purposes of this subparagraph.''. SEC. 8. TIME PERIOD FOR AGENCY CONSIDERATION OF REQUESTS. (a) Expedited Processing.--Section 552(a)(6) of title 5, United States Code (as amended by section 7(a) of this Act), is further amended by adding at the end the following new subparagraph: ``(E)(i) Each agency shall promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records-- ``(I) in cases in which the person requesting the records demonstrates a compelling need; and ``(II) in other cases determined by the agency. ``(ii) Notwithstanding clause (i), regulations under this subparagraph must ensure-- ``(I) that a determination of whether to provide expedited processing shall be made, and notice of the determination shall be provided to the person making the request, within 10 days after the date of the request; and ``(II) expeditious consideration of administrative appeals of such determinations of whether to provide expedited processing. ``(iii) An agency shall process as soon as practicable any request for records to which the agency has granted expedited processing under this subparagraph. Agency action to deny or affirm denial of a request for expedited processing pursuant to this subparagraph, and failure by an agency to respond in a timely manner to such a request shall be subject to judicial review under paragraph (4), except that the judicial review shall be based on the record before the agency at the time of the determination. ``(iv) A district court of the United States shall not have jurisdiction to review an agency denial of expedited processing of a request for records after the agency has provided a complete response to the request. ``(v) For purposes of this subparagraph, the term `compelling need' means-- ``(I) that a failure to obtain requested records on an expedited basis under this paragraph could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or ``(II) with respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged Federal Government activity. ``(vi) A demonstration of a compelling need by a person making a request for expedited processing shall be made by a statement certified by such person to be true and correct to the best of such person's knowledge and belief.''. (b) Extension of General Period for Determining Whether To Comply With a Request.--Section 552(a)(6)(A)(i) of title 5, United States Code, is amended by striking ``ten days'' and inserting ``20 days''. (c) Estimation of Matter Denied.--Section 552(a)(6) of title 5, United States Code (as amended by section 7 of this Act and subsection (a) of this section), is further amended by adding at the end the following new subparagraph: ``(F) In denying a request for records, in whole or in part, an agency shall make a reasonable effort to estimate the volume of any requested matter the provision of which is denied, and shall provide any such estimate to the person making the request, unless providing such estimate would harm an interest protected by the exemption in subsection (b) pursuant to which the denial is made.''. SEC. 9. COMPUTER REDACTION. Section 552(b) of title 5, United States Code, is amended in the matter following paragraph (9) by inserting after the period the following: ``The amount of information deleted shall be indicated on the released portion of the record, unless including that indication would harm an interest protected by the exemption in this subsection under which the deletion is made. If technically feasible, the amount of the information deleted shall be indicated at the place in the record where such deletion is made.''. SEC. 10. REPORT TO THE CONGRESS. Section 552(e) of title 5, United States Code, is amended to read as follows: ``(e)(1) On or before February 1 of each year, each agency shall submit to the Attorney General of the United States a report which shall cover the preceding fiscal year and which shall include-- ``(A) the number of determinations made by the agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination; ``(B)(i) the number of appeals made by persons under subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; and ``(ii) a complete list of all statutes that the agency relies upon to authorize the agency to withhold information under subsection (b)(3), a description of whether a court has upheld the decision of the agency to withhold information under each such statute, and a concise description of the scope of any information withheld; ``(C) the number of requests for records pending before the agency as of September 30 of the preceding year, and the median number of days that such requests had been pending before the agency as of that date; ``(D) the number of requests for records received by the agency and the number of requests which the agency processed; ``(E) the median number of days taken by the agency to process different types of requests; ``(F) the total amount of fees collected by the agency for processing requests; and ``(G) the number of full-time staff of the agency devoted to processing requests for records under this section, and the total amount expended by the agency for processing such requests. ``(2) Each agency shall make each such report available to the public including by computer telecommunications, or if computer telecommunications means have not been established by the agency, by other electronic means. ``(3) The Attorney General of the United States shall make each report which has been made available by electronic means available at a single electronic access point. The Attorney General of the United States shall notify the Chairman and ranking minority member of the Committee on Government Reform and Oversight of the House of Representatives and the Chairman and ranking minority member of the Committees on Governmental Affairs and the Judiciary of the Senate, no later than April 1 of the year in which each such report is issued, that such reports are available by electronic means. ``(4) The Attorney General of the United States, in consultation with the Director of the Office of Management and Budget, shall develop reporting and performance guidelines in connection with reports required by this subsection by October 1, 1997, and may establish additional requirements for such reports as the Attorney General determines may be useful. ``(5) The Attorney General of the United States shall submit an annual report on or before April 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4). Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section.''. SEC. 11. REFERENCE MATERIALS AND GUIDES. Section 552 of title 5, United States Code, is amended by adding after subsection (f) the following new subsection: ``(g) The head of each agency shall prepare and make publicly available upon request, reference material or a guide for requesting records or information from the agency, subject to the exemptions in subsection (b), including-- ``(1) an index of all major information systems of the agency; ``(2) a description of major information and record locator systems maintained by the agency; and ``(3) a handbook for obtaining various types and categories of public information from the agency pursuant to chapter 35 of title 44, and under this section.''. SEC. 12. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act shall take effect 180 days after the date of the enactment of this Act. (b) Provisions Effective on Enactment.--Sections 7 and 8 shall take effect one year after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Electronic Freedom of Information Act Amendments of 1996 - Amends the Freedom of Information Act (FOIA) to define \"record\" to mean information maintained by an agency, as a required agency record, in any format, including an electronic format. (Sec. 4) Revises provisions which permit an agency to delete identifying details when it makes available or publishes specified information so as to permit such deletions in copies of all records. Requires that the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the current exemptions (concerning exemptions relating to national security, trade secrets, personal medical files, and etc.) under which the deletion is made. Requires an agency to make available for public inspection and copying: (1) copies of all records, regardless of form or format, which have been released to an individual and which, because of the nature of their subject matter, have become or are likely to become the subject of subsequent requests for substantially the same records; (2) a general index of such records, which shall be made available electronically by December 31, 1999; and (3) within one year after November 1, 1996, by computer telecommunications or other electronic means, those records created on or after November 1, 1996. (Sec. 5) Requires that an agency in responding to a request for records shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system. (Sec. 6) Provides that, respecting a standard for judicial review, in addition to any other matters to which a court accords substantial weight, a court shall accord substantial weight to an affidavit of an agency concerning the agency's determination as to technical feasibility and reproducibility. (Sec. 7) Authorizes each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for: (1) multitrack processing of requests for records based on the amount of work or time (or both) involved in processing requests; and (2) an opportunity for an individual making a request that does not qualify for the fastest multitrack processing to limit the scope of the request in order to qualify for faster processing. Directs that the agency, with respect to a request for which a written notice in the case of unusual circumstances extends the time limits prescribed, shall: (1) notify the requestor if the request cannot be processed within the time limit; and (2) provide the requestor an opportunity to limit the scope of the request so that it may be processed within that time limit or to arrange with the agency an alternative time frame for processing the request or a modified request. Authorizes each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for the aggregation of certain requests by the same requestor, or by a group of requestors acting in concert, if the agency reasonably believes that such requests actually constitute a single request (which would otherwise satisfy requirements for unusual circumstances) and the requests involve clearly related matters. Prohibits the aggregation of multiple requests involving unrelated matters. Prohibits including a delay that results from a predictable agency workload of requests as an exceptional circumstance, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests. Considers as a factor in determining whether exceptional circumstances exist the refusal by an individual to modify the scope of a request or arrange an alternative time frame for processing a request after being given an opportunity to do so by the agency. (Sec. 8) Directs each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records. Extends the general period for determining whether to comply with a request from ten to 20 days. (Sec. 9) Requires deletions to be indicated, if technically feasible, on the released portion of the record, unless including that indication would harm an interest protected by the exemption under which the deletion is made. (Sec. 10) Revises FOIA reporting requirements. (Sec. 11) Directs each agency head to make publicly available, upon request, reference material or a guide for requesting records or information from the agency, including: (1) an index of all major information systems of the agency; (2) a description of major information and record locator systems maintained by the agency; and (3) a handbook for obtaining various types and categories of public information from the agency."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Employees, Healthy Small Businesses Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2002, 44,000,000 Americans were without health insurance for the entire year, and the vast majority of these uninsured people are in working families. (2) The number of employees in a business greatly affects the likelihood of whether or not its employees are offered health insurance. In 2003, 98 percent of firms with over 200 employees offered health benefits, while only 55 percent of firms with under 10 workers did. (3) Among uninsured workers in 2001, over half held jobs with companies having fewer than 100 employees. (4) The cost of health insurance for employers is very high. On average, in 2003, the total cost of an individual health plan was $3,383, of which the employee paid an average of $508 and the employer paid an average of $2875. For a family policy, the average cost was $9,068, with the employer bearing $6,656 and the employee shouldering $2,412. SEC. 3. REFUNDABLE CREDIT FOR SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``SEC. 36. SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) Determination of Amount.--In the case of a qualified small employer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the expense amount described in subsection (b) paid by the taxpayer during the taxable year. ``(b) Subsection (b) Expense Amount.--For purposes of this section-- ``(1) In general.--The expense amount described in this subsection is the applicable percentage of the amount of qualified employee health insurance expenses of each qualified employee. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is equal to-- ``(A) for any qualified small employer described in subparagraph (A) of paragraph (4), 50 percent, ``(B) for any qualified small employer described in subparagraph (B) of paragraph (4), 35 percent, and ``(C) for any qualified small employer described in subparagraph (C) of paragraph (4), 25 percent. ``(3) Per employee dollar limitation.-- ``(A) In general.--The amount of qualified employee health insurance expenses taken into account under paragraph (1) with respect to any qualified employee for any taxable year shall not exceed-- ``(i) for any qualified small employer described in subparagraph (A) of paragraph (4)-- ``(I) $1,500 in the case of self- only coverage, and ``(II) $3,400 in the case of family coverage, ``(ii) for any qualified small employer described in subparagraph (B) of paragraph (4)-- ``(I) $1,100 in the case of self- only coverage, and ``(II) $2,400 in the case of family coverage, and ``(iii) for any qualified small employer described in subparagraph (C) of paragraph (4)-- ``(I) $750 in the case of self-only coverage, and ``(II) $1,700 in the case of family coverage. ``(B) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2006, each dollar amount referred to in subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2005' for `1992'. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. ``(4) Qualified small employers described.--A qualified small employer is described in-- ``(A) this subparagraph if such employer employed an average of 9 or fewer employees (as determined under subsection (c)(1)(A)(ii)), ``(B) this subparagraph if such employer employed an average of more than 9 but less than 25 employees (as so determined), and ``(C) this subparagraph if such employer employed an average of more than 24 but not more than 50 employees (as so determined). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified small employer.-- ``(A) In general.--The term `qualified small employer' means, with respect to any calendar year, any employer if-- ``(i) such employer pays or incurs at least 75 percent of the qualified employee health insurance expenses of each qualified employee (determined without regard to subsection (b)(3)), and ``(ii) such employer employed an average of 50 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of clause (ii), a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under subparagraph (A)(ii) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage (as defined in section 9832(b)(1)) to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, an employee of an employer if-- ``(i) the annual amount of hours in the employ of such employer by such employee is at least 400 hours, ``(ii) the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year is at least $5,000, and ``(iii) such employee is not eligible for-- ``(I) any benefits under title XVIII, XIX, or XXI of the Social Security Act, or ``(II) any other publicly-sponsored health insurance program. ``(B) Treatment of certain employees.--For purposes of subparagraph (A), the term `employee'-- ``(i) shall not include an employee within the meaning of section 401(c)(1), and ``(ii) shall include a leased employee within the meaning of section 414(n). ``(C) Wages.--The term `wages' has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). ``(d) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(e) Coordination With Deduction for Health Insurance Costs of Self-Employed Individuals.--In the case of a taxpayer who is eligible to deduct any amount under section 162(l) for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Small business employee health insurance expenses. ``Sec. 37. Overpayments of tax.''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2004.", "summary": "Healthy Employees, Healthy Small Business Act of 2004 - Amends the Internal Revenue Code to allow certain small business employers a refundable tax credit for a portion of their employee health insurance costs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair American Corporate Tax Act'' or ``FACT Act''. SEC. 2. DECREASE IN TOP MARGINAL RATE. (a) In General.--Paragraph (1) of section 11(b) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``and'' at the end of subparagraph (B), (2) by striking subparagraphs (C) and (D) and inserting the following subparagraph: ``(C) 28 percent of so much of the taxable income as exceeds $75,000.'', (3) by striking ``of $100,000'' and inserting ``of $75,000'', (4) by striking ``$11,750'' and inserting ``$7,250'', and (5) by striking the third sentence. (b) Certain Personal Service Corporations.--Paragraph (2) of section 11(b) of such Code is amended by striking ``35 percent'' and inserting ``28 percent''. (c) Conforming Amendments.-- (1) Subsection (a) of section 1201 of such Code is amended by striking ``35 percent'' each place it appears and inserting ``28 percent''. (2) Paragraphs (1), (2), and (6) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``28 percent''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 3. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE PAYMENTS. (a) In General.--Section 894 of the Internal Revenue Code of 1986 (relating to income affected by treaty) is amended by adding at the end the following new subsection: ``(d) Limitation on Treaty Benefits for Certain Deductible Payments.-- ``(1) In general.--In the case of any deductible related- party payment, the amount of any withholding tax imposed under chapter 3 (and any tax imposed under subpart A or B of this part) with respect to such payment shall not be less than the amount which would be imposed if the payment were made directly to the foreign parent corporation (taking into account any income tax treaty between the United States and the country in which the foreign parent corporation is resident). ``(2) Deductible related-party payment.--For purposes of this subsection, the term `deductible related-party payment' means any payment made, directly or indirectly, by any person to any other person if the payment is allowable as a deduction under this chapter and both persons are members of the same foreign controlled group of entities. ``(3) Foreign controlled group of entities.--For purposes of this subsection-- ``(A) In general.--The term `foreign controlled group of entities' means a controlled group of entities the common parent of which is a foreign corporation. ``(B) Controlled group of entities.--The term `controlled group of entities' means a controlled group of corporations as defined in section 1563(a)(1), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears therein, and ``(ii) the determination shall be made without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence). ``(4) Foreign parent corporation.--For purposes of this subsection, the term `foreign parent corporation' means, with respect to any deductible related-party payment, the common parent of the foreign controlled group of entities referred to in paragraph (3)(A). ``(5) Regulations.--The Secretary may prescribe such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance which provide for-- ``(A) the treatment of two or more persons as members of a foreign controlled group of entities if such persons would be the common parent of such group if treated as one corporation, and ``(B) the treatment of any member of a foreign controlled group of entities as the common parent of such group if such treatment is appropriate taking into account the economic relationships among such entities.''. (b) Effective Date.--The amendment made by this section shall apply to payments made after the date of the enactment of this Act.", "summary": "Fair American Corporate Tax Act or FACT Act - Amends the Internal Revenue Code to: (1) decrease from 35% to 28% the top marginal income tax rate for corporations (including personal service corporations); and (2) provide that the amount of any tax withholding for deductible payments made by a U.S. subsidiary of a foreign parent corporation to a related subsidiary in any country that has a tax treaty with the United States shall not be less than the amount which would be imposed if the payment were made directly to the foreign parent corporation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Health Privacy Act''. SEC. 2. REPORTING REQUIREMENTS. (a) Notification in the Case of Breach.--Paragraph (2) of section 13402(i) of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17932(i)) is amended to read as follows: ``(2) Information.--The information described in this paragraph regarding breaches specified in paragraph (1) shall include-- ``(A) the number and nature of all such breaches, including a description of the types of unsecured protected health information that were involved in each breach; ``(B) the identity of the covered entity involved in each breach, or if the breach affected less than 500 individuals, the kind of covered entity involved (such as a health plan, health care clearinghouse, or a health care provider who transmits any health information in electronic form in connection with a transaction covered by this subtitle); and ``(C) actions taken in response to such breaches.''. (b) Report on Compliance.--Section 13424 of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17954) is amended-- (1) in subsection (a)(1)-- (A) by amending subparagraph (B) to read as follows: ``(B) information about such complaints resolved informally, including-- ``(i) the number of such complaints resolved informally; ``(ii) a summary of the types of complaints so resolved, including identification of the most common types complaints so resolved, categorized by the privacy and security rule allegedly violated; ``(iii) for each such category, the average amount of time between receipt of a complaint to resolution of such complaint; ``(iv) examples, with entity and patient names and other individually identifiable health information redacted, of complaints resolved informally and the Secretary's rationale for resolving such complaints informally; and ``(v) the number of covered entities that received technical assistance from the Secretary during such year in order to achieve compliance with such provisions and the types of such technical assistance provided.''; (B) in subparagraph (E), by inserting ``and a summary of the outcome of such subpoenas or inquiries'' after ``inquiries issued''; (C) in subparagraph (F), by striking ``following year; and'' and inserting ``following year and enforcement priorities for the succeeding year;''; (D) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: ``(H) the number of State attorney general actions that were pursued under this subtitle and notice of which was provided to the Secretary pursuant to section 1176(d)(4) of the Social Security Act; and ``(I) the number of health privacy or health security or data breach complaints referred to the Attorney General, including-- ``(i) whether the Attorney General declined enforcement; and ``(ii) the number of complaints referred to the Attorney General but returned to the Secretary for enforcement and a summary of enforcement actions taken by the Secretary with respect to such complaints, including informal resolutions, civil monetary penalties, resolution agreements or settlements, or voluntary compliance actions.''; and (2) by adding at the end the following: ``(g) Annual Studies.-- ``(1) In general.--For the first year beginning after the date of enactment of the Protect Our Health Privacy Act, and every year thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report concerning complaints of alleged violations described in section 1177 of the Social Security Act, including violations of the provisions of this subtitle relating to privacy and security of health information, that were referred to the Department of Justice by the Department of Health and Human Services, the Federal Bureau of Investigation, or another State or Federal agency during the year for which the report is being prepared. ``(2) Requirements.--Each report required under paragraph (1) shall-- ``(A) be made available to the public on the websites of the Department of Justice and the Department of Health and Human Services; and ``(B) include, with respect to complaints received during the year for which the report is being prepared-- ``(i) the total number of complaints received; ``(ii) the number of complaints received that were eligible for criminal enforcement; and ``(iii) of the complaints described in clause (ii), a summary of how each complaint was resolved that-- ``(I) includes the rationale for declining enforcement, if applicable; and ``(II) does not identify the patients, individuals, or entities involved.''. SEC. 3. ENCRYPTION FOR PORTABLE MEDIA. (a) Guidance Regarding Unsecured Protected Health Information.-- (1) In general.--Section 13402(h)(2) of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17932(h)(2)) is amended by inserting ``, including protected health information stored on portable media (as defined by the Secretary, which shall include thumb drives, laptop computers, tablet computers, and other similar devices),'' after ``protected health information''. (2) Applicable.--The amendment made by paragraph (1) shall apply to updated guidance issued under section 13402(h)(2) of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17932(h)(2)) after the date of enactment of this Act. (b) Portable Media Encryption Requirement.-- (1) In general.--Section 13401 of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17931) is amended by adding at the end the following: ``(d) Portable Media Encryption Requirement.--Not later than 1 year after the date of enactment of the Protect Our Health Privacy Act, the Secretary shall issue regulations to require covered entities and business associates to render protected health information that is stored on portable media (as defined by the Secretary, which shall include thumb drives, laptop computers, tablet computers, and other similar devices) unusable, unreadable, or indecipherable to unauthorized individuals.''. (2) Conforming amendment.--Section 13401(b) of such Act (42 U.S.C. 17931(b)) is amended by inserting ``or (d)'' after ``subsection (a)''. SEC. 4. USE OF DATA IN BUSINESS ASSOCIATE CONTRACTS; APPLICATION OF MINIMUM NECESSARY STANDARD TO BUSINESS ASSOCIATES. (a) In General.--Section 13404 of division A of the American Recovery and Reinvestment Act (42 U.S.C. 17934) is amended by adding at the end the following: ``(d) Use of Data in Business Associate Contracts; Application of Minimum Necessary Standard to Business Associates.-- ``(1) Limitation on scope and use of protected health information.--As required by section 164.504(e) of title 45, Code of Regulations (as in effect on the date of enactment of this subsection), any business associate agreement between a covered entity and a business associate shall limit the use of protected health information by such business associate-- ``(A) to only such information as necessary for the performance of the service or function that the covered entity has contracted with the business associate to perform on behalf of the covered entity; and ``(B) to only those uses that are necessary for the performance of the service or function described in subparagraph (A). ``(2) Application of minimum necessary standard to business associates.--Section 164.502(b) of title 45, Code of Federal Regulations shall apply to a business associate of a covered entity in the same manner that such section applies to the covered entity. The additional requirements of this title that relate to the minimum necessary standard with respect to the use, disclosure, and request of protected health information that are made applicable with respect to covered entities shall also be applicable to such a business associate and shall be incorporated into the business associate agreement between the business associate and the covered entity.''. (b) Conforming Amendment.--Subsection (c) of such section 13404 (42 U.S.C. 17934) is amended by striking ``(a) or (b)'' and inserting ``(a), (b), or (d)(2)''. (c) Clarification.--Nothing in subsection (d)(2) of section 13404 of division A of the American Recovery and Reinvestment Act (42 U.S.C. 17934) (as amended by subsection (a)) affects the application of the minimum necessary standard to business associates pursuant to section 164.504(e) of title 45, Code of Federal Regulations (relating to contracts and other arrangements between business associates and covered entities) as in effect on the date of enactment of this Act. SEC. 5. HEALTH INFORMATION TECHNOLOGY IMPROVEMENT INITIATIVE. Title XXX of the Public Health Service Act (42 U.S.C. 300jj et seq.) is amended by adding at the end the following: ``SEC. 3022. HEALTH INFORMATION TECHNOLOGY IMPROVEMENT INITIATIVE. ``(a) In General.--Not later than 18 months after the date of enactment of the Protect Our Health Privacy Act, the Secretary shall issue regulations to improve the safety, interoperability, and utility of health information technology systems. ``(b) Content.--The regulations issued under subsection (a) shall include-- ``(1) a system to track the effect of health information technology on the health of patients; and ``(2) minimum quality and risk management requirements for health information technology vendors. ``(c) Health Information Technology Adverse Health Event Reporting.-- ``(1) In general.--The Secretary shall designate an agency within the Department of Health and Human Services to promulgate regulations relating to a health information technology adverse health event reporting program and database. The Department shall consider definitions and standards developed by the National Quality Forum before promulgating such regulations. ``(2) Content.--The regulations promulgated under paragraph (1) shall include mandatory submission of adverse health event reports by health information technology vendors and voluntary submission of adverse health event reports by users of health information, including patients and their family caregivers. ``(3) Use of reports.--The agency designated under paragraph (1) shall analyze adverse health event reports and report findings and recommendations to the applicable industry and policymakers. ``(4) Protection of reports.--The agency designated under paragraph (1) shall remove identifying information if adverse health event reports are made public. An adverse health event report may not be admitted or used in any action in a Federal or State court or any Federal or State administrative proceeding as evidence of fault, liability, or occurrence of an adverse health event. ``(5) Annual report.--The agency designated under paragraph (1) shall use the database established under such paragraph to submit to Congress an annual report regarding the use and safety of health information technology.''.", "summary": "Protect Our Health Privacy Act - Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to expand requirements for reports to Congress on acquisition or disclosure of unsecured protected health information in a breach to include: (1) descriptions of types of such information involved in each breach; and (2) the identity of the covered entity involved in each breach or, if the breach affected fewer than 500 individuals, the kind of covered entity involved. Revises requirements for the annual compliance report concerning informally resolved complaints of violations relating to privacy and security of health information to require: (1) a summary of the most common types of complaints resolved, (2) statements of the average amount of time between receipt of a complaint to its resolution by category and examples, (3) additional reporting of federal and state enforcement actions and priorities. Requires the Attorney General to report annually to Congress, and to publish, a study of complaints of alleged violations concerning wrongful disclosure of individually identifiable health information referred to the Department of Justice (DOJ) by the Department of Health and Human Services (HHS), the Federal Bureau of Investigation (FBI), or another state or federal agency. Includes portable media devices in guidance issued by the Secretary concerning technologies and methodologies rendering protected health information unusable by unauthorized individuals. Directs the Secretary to issue regulations requiring covered entities and their business associates to render protected health information stored on such media unusable by unauthorized individuals. Provides rules for application of regulations concerning health information privacy to use by business associates of covered entities. Amends the Public Health Service Act to require the Secretary to issue regulations to improve the safety, interoperability, and utility of health information technology systems, including: (1) a system to track the effect of health information technology on patients' health, and (2) minimum quality and risk management requirements for technology vendors. Requires promulgation of regulations by an HHS-designated agency concerning a health information technology adverse health event reporting program and database and reports by such agency on its findings to industry and policymakers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Natural Gas Pipeline Improvement Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) North American demand for natural gas is expected to increase dramatically over the course of the next several decades, as described in section 114 of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720l); (2) although North American natural gas supplies are adequate to meet customer needs in calendar years 2011 and 2012 and for the near future, the availability of Alaska gas as an additional domestic source would further shield the United States from any future reliance on overseas energy supplies in the years ahead; (3) 2 military installations in the Fairbanks North Star Borough, Alaska, Fort Wainwright and Eielson Air Force Base-- (A) are a central component of the ability of the United States to project power over a vast area of the Pacific region; (B) are home to approximately 23,000 military members and families; (C) are located along or relatively adjacent to any cost-effective Alaska natural gas pipeline project corridor; and (D) would benefit from access to affordable natural gas supplies drawn from the proposed Alaska natural gas pipeline project, freeing up funding for pursuing mid- term and long-term renewable energy goals; (4) the Fairbanks North Star Borough-- (A) suffers from a thermal inversion that traps particulate emissions and other air pollutants; and (B) has been declared a nonattainment zone for failing to achieve reductions in particulate matter by the Environmental Protection Agency; (5) the availability of affordable clean-burning natural gas would significantly improve air quality in the public health interest of Borough residents; (6) the most logical route for an Alaska natural gas transportation project (as defined in section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720)) would travel through Atigun Pass; (7) Atigun Pass-- (A) holds both the James W. Dalton Highway and the trans-Alaska oil pipeline, both of which are essential to the strategically important operation of North Slope oil fields; and (B) is the highest-altitude point on the Dalton Highway (with an elevation of 4,739 feet or 1,422 meters) and is on the Continental Divide; (8) space constraints and difficulties of Arctic construction in Atigun Pass restrict the available right-of- way, allowing room for only 1 additional pipeline in the preferred route through the Pass; (9) the public interest would best be served by all proponents of a natural gas pipeline from the Alaska North Slope agreeing on a single project that-- (A) passes through Atigun Pass, taking advantage of the preferred right-of-way and avoiding costly duplication of design, permitting, and construction expenses that would fall on consumers; and (B) serves Alaskans and other North American consumers; and (10) a natural gas pipeline with sufficient capacity to facilitate economic transportation of natural gas as part of a Alaska natural gas transportation project (as defined in section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720)) is in the national interest. SEC. 3. DEFINITION OF ALASKA NATURAL GAS TRANSPORTATION PROJECT. Section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720) is amended by striking paragraph (2) and inserting the following: ``(2) Alaska natural gas transportation project.--The term `Alaska Natural Gas Transportation Project' means-- ``(A) any natural gas pipeline system that carries Alaska natural gas to the border between Alaska and Canada (including related facilities subject to the jurisdiction of the Commission) that is authorized under-- ``(i) the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.); or ``(ii) section 103; and ``(B) any pipeline segment that the Commission finds could feasibly be incorporated into and serve as an integrated segment of the system described in subparagraph (A) (including the construction and operation of the segment), which shall be subject to this Act and the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.), regardless of whether the segment-- ``(i) is proposed and constructed prior to the construction of the entire system described in subparagraph (A); or ``(ii) initially transports Alaska natural gas solely for delivery to consumers within the State of Alaska.''.", "summary": "Alaska Natural Gas Pipeline Improvement Act of 2011 - Amends the Alaska Natural Gas Pipeline Act of 2004 to include in the Alaska Natural Gas Transportation Project (carrying Alaska natural gas to the Canadian border) any pipeline segment that the Federal Energy Regulatory Commission (FERC) finds could feasibly be incorporated into and serve as an integrated segment of that system, regardless of whether it: (1) is proposed and constructed before construction of the entire system, or (2) initially transports natural gas solely for delivery to customers within Alaska."}
{"article": "TITLE I--EXPANSION OF CERTAIN WILDERNESS AREAS SEC. 101. PTARMIGAN PEAK WILDERNESS. Section 2(a)(18) of the Colorado Wilderness Act of 1993 (Public Law 103-77; 16 U.S.C. 1132 note) is amended by inserting after ``January, 1993'' the following: ``; the approximately 2,000 acres of land known as Ute Pass and the approximately 900 acres of land known as Acorn Creek, both located in Summit County, Colorado, and generally depicted on the map entitled `Ptarmigan Peak', numbered ____, and dated ____.''. SEC. 102. RAGGEDS WILDERNESS. Section 102(a)(16) of Public Law 96-560 (16 U.S.C. 1132 note; 94 Stat. 3267) is amended by inserting after ``November 1980'' the following: ``; and the approximately 1,500 acres of land located in Gunnison County, Colorado, and generally depicted on the map entitled `Raggeds', numbered ____, and dated ____''. SEC. 103. HUNTER-FRYINGPAN WILDERNESS. Section 2(e) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 41) is amended by inserting after ``Area-- Proposed'' the following: ``; the approximately 3,000 acres of land known as North Independence A and the approximately 1,100 acres of land known as Hunter both located in Pitkin County, Colorado, and generally depicted on the map entitled `Hunter-Fryingpan', numbered ____, and dated ____''. TITLE II--RED TABLE MOUNTAIN WILDERNESS SEC. 201. RED TABLE MOUNTAIN WILDERNESS. (a) Red Table Mountain Wilderness.--In furtherance of the purposes of the Wilderness Act, the approximately 50,000 acres of land located in Eagle County, Colorado, and generally depicted on the map entitled ``Red Table'', numbered ____, and dated ____'' are hereby designated as wilderness and therefore as a component of the National Wilderness Preservation System. Such component shall be known as ``Red Table Mountain Wilderness''. (b) Management.--Subject to valid existing rights, land designated as wilderness by this title shall be managed by the Secretary, as appropriate, in accordance with this title and-- (1) the Wilderness Act (16 U.S.C. 1131 et seq.), except that, with respect to any wilderness areas designated by this title, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this title; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) other applicable law. (c) Water Infrastructure.--Nothing in this title (including the provisions related to establishment or management of the Red Table Mountain Wilderness Area) shall affect, impede, interfere with, or diminish the operation, existence, access, maintenance, improvement, or construction of water facilities and infrastructure, rights-of-way, or other water-related property, interests, and uses, (including the use of motorized vehicles and equipment existing or located on lands within the Red Table Mountain Wilderness Area). (d) High Voltage Transmission Electricity Lines or Electrical Power Lines.--The Secretary shall allow for maintenance of rights-of-ways and access roads located within the Red Table Mountain Wilderness Area to the extent necessary to operate a transmission line or electrical power line in a manner that avoids negative impacts on public safety and allows for compliance with State and/or Federal safety requirements. Such maintenance may include vegetation management, road maintenance, ground stabilization, and motorized vehicle access. (e) Withdrawals.--Subject to valid existing rights, all Federal lands within the Red Table Mountain Wilderness Area are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) the operation of the mineral leasing, mineral materials, and geothermal leasing laws, and all amendments thereto. (f) Aerial Navigation Training Exercises.-- (1) In general.--The Colorado Army National Guard, through the High Altitude ARNG Aviation Training Site, shall continue to be allowed to conduct aerial navigation training maneuver exercises over and upon the lands within the Red Table Mountain Wilderness Area in a manner consistent with the memorandum of understanding dated August 4, 1987, (or a subsequent memorandum of understanding entered into by all of the same parties), among the Colorado Army National Guard, the Bureau of Land Management, and the United States Forest Service as interpreted and implemented prior to the date of the enactment of this title. (2) Review and modification of memorandum of understanding.--The memorandum of understanding referred to in paragraph (1) may be modified subject to the agreement of all parties thereto. The parties to the memorandum of understanding shall review the memorandum and associated annual operating plan not later than 180 days after the date of the enactment of this title, and annually thereafter while the memorandum of understanding is in effect. The review shall include consideration of alternative locations over National Forest System lands and lands administered by the Bureau of Land Management outside of the Red Table Mountain Wilderness Area for the conduct of activities identified in the memorandum. If the Colorado Army National Guard identifies such an alternate location outside of the Red Table Mountain Wilderness Area that meets its aerial training needs, the memorandum of understanding shall be modified accordingly, subject to the agreement of all parties thereto. (g) Hunting and Fishing.--Nothing in this title shall affect the authority of the Colorado Division of Wildlife to regulate hunting or fishing in the Red Table Mountain Wilderness Area. (h) Grazing.-- (1) In general.--Except as provided by paragraph (2), the Secretary shall issue and administer any grazing leases or permits in the Red Table Mountain Wilderness Area in accordance with the same laws (including regulations) and Executive orders followed by the Secretary in issuing and administering grazing leases and permits on other land under the jurisdiction of the Forest Service. (2) Grazing in wilderness area.--Grazing of livestock in the Red Table Mountain Wilderness Area on lands that are under the jurisdiction of the Forest Service shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), in accordance with the guidelines set forth under the heading ``Grazing in National Forest Wilderness'' in House Report 96-617 of the 96th Congress. (i) No Buffer Zones.--Congress does not intend for the establishment of the Red Table Mountain Wilderness Area to lead to the creation of protective perimeters or buffer zones around the Red Table Mountain Wilderness Area. The fact that there may be activities or uses on lands outside the Red Table Mountain Wilderness Area that would not be allowed in the Red Table Mountain Wilderness Area shall not preclude such activities or uses on such lands up to the boundary of the Red Table Mountain Wilderness Area consistent with other applicable laws. SEC. 202. WATER RIGHTS. (a) Findings.--Congress finds as follows: (1) The lands designated as wilderness by this title are located at the headwaters of the streams and rivers on those lands, with few, if any, actual or proposed water resource facilities located upstream from such lands and few, if any, opportunities for diversion, storage, or other uses of water occurring outside such lands that would adversely affect the wilderness or other values of such lands. (2) The lands designated as wilderness by this title includes several water resource facilities which provide for important water storage and transmission of water for the benefit of private owners of decreed water rights and the Town of Gypsum. (3) It is possible to provide for proper management and protection of the wilderness and other values of such lands in ways different from those used in other legislation designating as wilderness lands not sharing the attributes of the lands designated as wilderness by this title. (b) Statutory Construction.-- (1) Nothing in this title shall constitute or be construed to constitute either an express or implied reservation of any water or water rights with respect to the land designated as wilderness by this title. (2) Nothing in this title shall affect any conditional or absolute water rights in the State of Colorado existing on the date of the enactment of this title. (3) Nothing in this subsection shall be construed as establishing a precedent with regard to any future wilderness designations. (4) Nothing in this title shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State of Colorado and other States. (c) Prohibition Against Instream Flow Permit Conditions.--The Secretary shall not, as a condition of permit renewal for existing facilities on National Forest System lands, impose bypass or other minimum instream flow requirements within or upstream of the Red Table Mountain Wilderness Area. SEC. 203. MAPS AND LEGAL DESCRIPTIONS. (a) In General.--As soon as practicable after the date of the enactment of this title, the Secretary shall submit to Congress a copy of the maps referred to in section 201 and legal descriptions of the land designated as wilderness by this title. The Secretary shall reflect, as necessary, the boundaries referred to in subsection (e) on the maps and legal descriptions submitted under this subsection. (b) Force and Effect.--The maps and legal descriptions shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the Map and the legal descriptions. (c) Public Availability.--Copies of the maps and the legal descriptions shall be on file and available for public inspection in-- (1) the office of the Chief of the Forest Service; and (2) the office of the White River National Forest in Glenwood Springs, Colorado. (d) Map Controlling.--In the case of a discrepancy between the maps and the legal descriptions, the maps shall control. (e) Areas Not Included in Red Table Mountain Wilderness.-- Notwithstanding the Map, or any other provision of this title, the following areas shall not be included in the Red Table Mountain Wilderness Area: (1) Any FAA site, parking area, or appurtenant access roads, power lines, facility or equipment, including an area 25 yards surrounding any such site, facility, area, or equipment. (2) The Town of Gypsum's Mosher intake facility, and any pipes or related facilities, including an area at least 200 linear feet upstream of the present facilities and 25 yards surrounding the facility and any related pipes or facilities. (3) The LEDE Ditch and Pipeline, and an access road for the LEDE Reservoir, including an area 25 yards surrounding any such ditch, pipeline or road. (4) The Eye Lake Reservoir and Eye Lake Supply Ditch, any related facilities in existence now or developed in the future designed to develop decreed water rights, including an area 25 yards surrounding any such reservoir, ditch or facilities, unless the White River National Forest and the Town of Gypsum certify to the Chairman and Ranking Member of the House Resources Committee and the Senate Energy and Natural Resources Committee that the decreed diversion points for the above decreed water rights have been moved to the LEDE Reservoir, and any necessary permits or actions have been taken, thereby removing the need to utilize the Eye Lake Reservoir and Eye Lake Ditch. (5) Red Creek Road (FDR 425), Red Table Road (FDR 514), Muckey Lake Road (FDR 425.1B), and Antones Creek Road (FKR 457), including an area 10 yards to either side of the roads. (6) FDR 464, FDR 433, and FDR 431, including an area 10 yards to either side of the roads. (7) White Creek Trail (FDT 1862), Sundell Trail (FDT 1863), Sourdough Lake Trail (FDT 1863.1A), Muckey Lake Trail (FDT 1863.2B), Mount Thomas Trail (FDT 1870), Antones Trail (FDT 1871), and Antones Lakes Trail (FDT 1871.1C), including an area 10 yards to either side of the trails.", "summary": "Amends the Colorado Wilderness Act of 1993, Public Law 96-560 (designating certain National Forest System lands in the State of Colorado for inclusion in the National Wilderness Preservation System), and the American Wilderness Act of 1978 to designate specified lands in Acorn Creek, Gunnison, and Pitkin Counties, Colorado, as wilderness areas.Designates certain land in Eagle County, Colorado, as wilderness, the Red Table Mountain Wilderness Area (the \"Area\"). Directs the Secretary of Agriculture to allow for the maintenance of rights-of-way and access roads located within the Area in order to operate a transmission line or electrical power line.Withdraws all Federal lands within the Area from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) the operation of the mineral leasing, mineral materials, and geothermal leasing laws.Permits continued aerial navigation training exercises by the Colorado Army National Guard in the Area.Declares that Congress does not intend for the establishment of protective perimeters or buffer zones around the Area.States that nothing in this Act shall be construed to: (1) constitute a reservation of any water or water rights in lands designated as wilderness; (2) affect any conditional or absolute water rights in Colorado; (3) establish a precedent with regard to future wilderness designations; or (4) affect compacts and decrees apportioning water among and between Colorado and other States.Prohibits the Secretary from making instream flow permit conditions within or upstream of the Area on existing facilities on National Forest System lands."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Freedom Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) As a massive global network spanning not only State but international borders, the Internet is inherently a matter of interstate and foreign commerce within the jurisdiction of the United States Congress under Article I, Section 8 of the United States Constitution. (2) Even within the United States, the Internet does not respect State lines and operates independently of State boundaries. Addresses on the Internet are designed to be geographically indifferent. Internet transmissions are insensitive to physical distance and can have multiple geographical addresses. (3) Because transmissions over the Internet are made through packet-switching, it is impossible to determine with any degree of certainty the precise geographic route or endpoints of specific Internet transmissions, and infeasible to separate intrastate from interstate, and domestic from foreign, Internet transmissions. (4) Inconsistent and unadministrable taxes imposed on Internet activity by State and local governments threaten not only to subject consumers, businesses, and other users engaged in interstate and foreign commerce to multiple, confusing, and burdensome taxation, but also to restrict the growth and continued technological maturation of the Internet itself, and to call into question the continued viability of this dynamic medium. (5) Because the tax laws and regulations of so many jurisdictions were established before the Internet or interactive computer services, their application to this new medium in unintended and unpredictable ways threatens every Internet user, access provider, vendor, and interactive computer service provider. (6) The electronic marketplace of services, products, and ideas available through the Internet or interactive computer services can be especially beneficial to senior citizens, the physically challenged, citizens in rural areas, and small businesses. It also offers a variety of uses and benefits for educational institutions and charitable organizations. (7) Consumers, businesses, and others engaging in interstate and foreign commerce through the Internet or interactive computer services could become subject to more than 30,000 separate taxing jurisdictions in the United States alone. (8) The consistent and coherent national policy regarding taxation of Internet activity that is needed to avoid burdening this evolving form of interstate and foreign commerce can best be achieved by the United States exercising its authority under Article I, Section 8, Clause 3 of the United States Constitution. SEC. 3. MORATORIUM ON IMPOSITION OF TAXES ON INTERNET OR INTERACTIVE COMPUTER SERVICES. (a) Moratorium.--Except as otherwise provided in this section, no State or local government (including any political subdivision) may impose, assess, or attempt to collect any tax or fee directly or indirectly on-- (1) the Internet or interactive computer services; or (2) the use of the Internet or interactive computer services. (b) Preservation of State and Local Taxing Authority.--Subsection (a)-- (1) does not apply to taxes imposed on and measured by net income derived from the Internet or interactive computer services; (2) does not apply to fairly apportioned business license taxes applied to businesses that have a business location in the taxing jurisdiction, and (3) does not affect the authority of a State, or political subdivision thereof, to impose a sales or use tax on sales or other transactions effected by use of the Internet or interactive computer services if-- (A) the tax is the same as the tax imposed and collected by that State, or political subdivision thereof, on sales or interstate transactions effected by mail order, telephone, or other remote means within its taxing jurisdiction; and (B) the obligation to collect the tax from sales or other transactions effected by use of the Internet or interactive computer services is imposed on the same person or entity as in the case of sales or transactions effected by mail order, telephone, or other remote means. SEC. 4. ADMINISTRATION POLICY RECOMMENDATIONS TO CONGRESS. (a) Consultative Group.--The Secretaries of the Treasury, Commerce, or State, in consultation with appropriate committees of the Congress, consumer and business groups, States and political subdivisions thereof, and other appropriate groups, shall-- (1) undertake an examination of United States domestic and international taxation of the Internet and interactive computer services, as well as commerce conducted thereon; and (2) jointly submit appropriate policy recommendations concerning United States domestic and foreign policies toward taxation of the Internet and interactive computer services, if any, to the President within 18 months after the date of enactment of this Act. (b) President.--Not later than 2 years after the date of enactment of this Act, the President shall transmit to the appropriate committees of Congress policy recommendations on the taxation of sales and other transactions effected on the Internet or through interactive computer services. (c) Recommendations to Be Consistent With Telecommunications Act of 1996 Policy Statement.--The Secretaries and the President shall take care to ensure that any such policy recommendations are fully consistent with the policy set forth in paragraphs (1) and (2) of section 230(b) of the Communications Act of 1934 (47 U.S.C. 230(b)). SEC. 5. BAN ON REGULATION OF INTERNET PRICES BY THE FEDERAL COMMUNICATIONS COMMISSION. (a) Prohibition on Commission Regulation of Computer Services.-- Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: ``(d) Prohibition on Commission Regulation of Computer Services.-- The Commission shall have no authority or jurisdiction under this Act, nor shall any State commission have any authority or jurisdiction, to regulate the prices or charges paid by subscribers for interactive computer services, or information services transmitted through the Internet, except for the requirement in section 254(h) that such services be provided at affordable rates to rural health care providers, schools, and libraries.''. (b) Conforming Amendment.--Section 223(h)(2) of the Communications Act of 1934 (47 U.S.C. 223(h)(2)) is amended by striking ``230(e)(2)'' and inserting ``230(f)(2)''. SEC. 6. DECLARATION THAT THE INTERNET BE FREE OF FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER RESTRICTIONS. It is the sense of the Congress that the President should seek bilateral and multilateral agreements through the World Trade Organization, the Organization for Economic Cooperation and Development, the Asia Pacific Economic Cooperation Council, or other appropriate international fora to establish activity on the Internet and interactive computer services is free from tariff and taxation. SEC. 7. DEFINITIONS. For purposes of this Act-- (1) Internet; interactive computer service.--The terms ``Internet'' and ``interactive computer service'' have the meaning given such terms by paragraphs (1) and (2), respectively, of section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)). (2) Tax.--The term ``tax'' includes any tax, license, or fee that is imposed by any governmental entity and the imposition on the seller of an obligation to collect and remit a tax imposed on the buyer.", "summary": "Internet Tax Freedom Act - Prohibits a State or local government from imposing, assessing, or attempting to collect any tax or fee on the Internet or interactive computer services (ICs) or on their use. Preserves State and local taxing authority with respect to income, license, and sales taxes. Directs the Secretaries of the Treasury, Commerce, or State to: (1) undertake an examination of U.S. and international taxation of the Internet and ICs, as well as commerce conducted thereon; and (2) jointly submit to the President appropriate policy recommendations concerning such taxation. Directs the President to transmit to the appropriate congressional committees policy recommendations on the taxation of sales and other transactions effected on the Internet or through ICs. Requires all such recommendations to be consistent with policy statements of the Telecommunications Act of 1996. Amends the Communications Act of 1934 to state that the Federal Communications Commission or any equivalent State commission shall have no regulatory authority or jurisdiction with respect to charges paid by subscribers for ICs or information services transmitted through the Internet, except for the requirement that such services be provided at affordable rates to rural health care providers, schools, and libraries. Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international forums to establish that activity on the Internet and ICs be free from tariff and taxation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Infrastructure Financing Improvement Act of 1997''. SEC. 2. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS. (a) Amendment to Title 49, United States Code.--Part B of subtitle V of title 49, United States Code, is amended by inserting after chapter 221 the following new chapter: ``CHAPTER 223--RAIL INFRASTRUCTURE AND EQUIPMENT LOANS ``Sec. ``22301. Definitions. ``22302. Direct loans and loan guarantees. ``22303. Administration of direct loans and loan guarantees. ``SEC. 22301. DEFINITIONS. ``For purposes of this chapter: ``(1)(A) The term `cost' means the estimated long-term cost to the Government of a direct loan or loan guarantee, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. ``(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following cash flows: ``(i) Loan disbursements. ``(ii) Repayments of principal. ``(iii) Payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries. ``(C) The cost of a loan guarantee shall be the net present value when a guaranteed loan is disbursed, of the following cash flows: ``(i) Estimated payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments. ``(ii) Estimated payments to the Government, including origination and other fees, penalties, and recoveries. ``(D) Any Government action that alters the estimated net present value of an outstanding direct loan or loan guarantee (except modifications within the terms of existing contracts or through other existing authorities) shall be counted as a change in the cost of that direct loan or loan guarantee. The calculation of such changes shall be based on the estimated present value of the direct loan or loan guarantee at the time of modification. ``(E) In estimating net present values, the discount rate shall be the average interest rate on marketable Treasury securities of similar maturity to the direct loan or loan guarantee for which the estimate is being made. ``(2) The term `direct loan' means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds. The term includes the purchase of, or participation in, a loan made by another lender. The term does not include the acquisition of a federally guaranteed loan in satisfaction of default claims. ``(3) The term `direct loan obligation' means a binding agreement by the Secretary of Transportation to make a direct loan when specified conditions are fulfilled by the borrower. ``(4) The term `loan guarantee' means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. ``(5) The term `loan guarantee commitment' means a binding agreement by the Secretary to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. ``(6) The term `railroad carrier' has the meaning given that term in section 20102. ``SEC. 22302. DIRECT LOANS AND LOAN GUARANTEES. ``(a) General Authority.--The Secretary of Transportation may provide direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, and railroad carriers. ``(b) Eligible Purposes.-- ``(1) In general.--Direct loans and loan guarantees under this section shall be used to-- ``(A) acquire, improve, or rehabilitate rail equipment or facilities, including track, components of track, bridges, yards, buildings, and shops; ``(B) refinance outstanding debt incurred for the purposes described in subparagraph (A); or ``(C) develop or establish new railroad facilities. ``(2) Operating expenses not eligible.--Direct loans and loan guarantees under this section shall not be used for railroad operating expenses. ``(c) Priority Projects.--In granting applications for direct loans or guaranteed loans under this section, the Secretary shall give priority to projects that-- ``(1) enhance public safety; ``(2) enhance the environment; ``(3) promote economic development; ``(4) enable United States companies to be more competitive in international markets; ``(5) are endorsed by the plans prepared under section 135 of title 23 by the State or States in which they are located; or ``(6) preserve rail service to small communities or rural areas. ``(d) Extent of Authority.--The aggregate unpaid principal amounts of obligations under direct loans and loan guarantees made under this section shall not exceed $5,000,000,000 at any one time. ``(e) Rates of Interest.-- ``(1) Direct loans.--The Secretary shall require interest to be paid on a direct loan made under this section at a rate not less than that necessary to recover the cost of making the loan. ``(2) Loan guarantees.--The Secretary shall not make a loan guarantee under this section if the interest rate for the loan exceeds that which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates and customary fees incurred under similar obligations in the private capital market. ``(f) Infrastructure Partners.-- ``(1) Authority of secretary.--In lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section 504(b)(1) of the Federal Credit Reform Act of 1990, the Secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-Federal source to fund in whole or in part credit risk premiums with respect to the loan that is the subject of the application. In no event shall the aggregate of appropriations of budget authority and credit risk premiums described in this paragraph with respect to a direct loan or loan guarantee be less than the cost of that direct loan or loan guarantee. ``(2) Credit risk premium amount.--The Secretary shall determine the amount required for credit risk premiums under this subsection on the basis of-- ``(A) the circumstances of the applicant, including the amount of collateral offered; ``(B) the proposed schedule of loan disbursements; ``(C) historical data on the repayment history of similar borrowers; ``(D) consultation with the Congressional Budget Office; and ``(E) any other factors the Secretary considers relevant. ``(3) Payment of premiums.--Credit risk premiums under this subsection shall be paid to the Secretary before the disbursement of loan amounts. ``(4) Cohorts of loans.--In order to maintain sufficient balances of credit risk premiums to adequately protect the Federal Government from risk of default, while minimizing the length of time the Government retains possession of those balances, the Secretary shall establish cohorts of loans. When all obligations attached to a cohort of loans have been satisfied, credit risk premiums paid for the cohort, and interest accrued thereon, which were not used to mitigate losses shall be returned to the original source on a pro rata basis. ``(g) Prerequisites for Assistance.--The Secretary shall not make a direct loan or loan guarantee under this section unless the Secretary has made a finding in writing that-- ``(1) repayment of the obligation is required to be made within a term of not more than 25 years from the date of its execution; ``(2) the direct loan or loan guarantee is justified by the present and probable future demand for rail services; ``(3) the applicant has given reasonable assurances that the facilities or equipment to be acquired, rehabilitated, improved, developed, or established with the proceeds of the obligation will be economically and efficiently utilized; ``(4) the obligation can reasonably be repaid, using an appropriate combination of credit risk premiums and collateral offered by the applicant to protect the Federal Government; and ``(5) the purposes of the direct loan or loan guarantee are consistent with subsection (b). ``(h) Conditions of Assistance.--The Secretary shall, before granting assistance under this section, require the applicant to agree to such terms and conditions as are sufficient, in the judgment of the Secretary, to ensure that, as long as any principal or interest is due and payable on such obligation, the applicant, and any railroad carrier for whose benefit the assistance is intended-- ``(1) will not use any funds or assets from railroad operations for nonrail purposes, if such use would impair the ability of the applicant or railroad carrier to provide rail services in an efficient and economic manner, or would adversely affect the ability of the applicant or railroad carrier to perform any obligation entered into by the applicant under this section; ``(2) will, consistent with its capital resources, maintain its capital program, equipment, facilities, and operations on a continuing basis; and ``(3) will not make any discretionary dividend payments that unreasonably conflict with the purposes stated in subsection (b). ``SEC. 22303. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES. ``(a) Applications.--The Secretary of Transportation shall prescribe the form and contents required of applications for assistance under section 22302, to enable the Secretary to determine the eligibility of the applicant's proposal, and shall establish terms and conditions for direct loans and loan guarantees made under that section. ``(b) Full Faith and Credit.--Loan guarantees made under section 22302 shall constitute general obligations of the United States backed by the full faith and credit of the United States. ``(c) Assignment of Loan Guarantees.--The holder of a loan guarantee made under section 22302 may assign the loan guarantee in whole or in part, subject to such requirements as the Secretary may prescribe. ``(d) Modifications.--The Secretary may approve the modification of any term or condition of a direct loan, loan guarantee, direct loan obligation, or loan guarantee commitment, including the rate of interest, time of payment of interest or principal, or security requirements, if the Secretary finds in writing that-- ``(1) the modification is equitable and is in the overall best interests of the United States; and ``(2) consent has been obtained from the applicant and, in the case of a loan guarantee or loan guarantee commitment, the holder of the obligation. ``(e) Compliance.--The Secretary shall assure compliance, by an applicant, any other party to the loan, and any railroad carrier for whose benefit assistance is intended, with the provisions of this Act, regulations issued hereunder, and the terms and conditions of the direct loan or loan guarantee, including through regular periodic inspections. ``(f) Commercial Validity.--For purposes of claims by any party other than the Secretary, a loan guarantee or loan guarantee commitment shall be conclusive evidence that the underlying obligation is in compliance with the provisions of this Act, and that such obligation has been approved and is legal as to principal, interest, and other terms. Such a guarantee or commitment shall be valid and incontestable in the hands of a holder thereof, including the original lender or any other holder, as of the date when the Secretary granted the application therefor, except as to fraud or material misrepresentation by such holder. ``(g) Default.--The Secretary shall prescribe regulations setting forth procedures in the event of default on a loan made or guaranteed under section 22302. The Secretary shall ensure that each loan guarantee made under that section contains terms and conditions that provide that-- ``(1) if a payment of principal or interest under the loan is in default for more than 30 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, the amount of unpaid guaranteed interest; ``(2) if the default has continued for more than 90 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, 90 percent of the unpaid guaranteed principal; ``(3) after final resolution of the default, through liquidation or otherwise, the Secretary shall pay to the holder of the obligation, or the holder's agent, any remaining amounts guaranteed but which were not recovered through the default's resolution; ``(4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds, before the expiration of the periods described in such paragraphs, that the default has been remedied; and ``(5) the holder of the obligation shall not receive payment or be entitled to retain payment in a total amount which, together with all other recoveries (including any recovery based upon a security interest in equipment or facilities) exceeds the actual loss of such holder. ``(h) Rights of the Secretary.-- ``(1) Subrogation.--If the Secretary makes payment to a holder, or a holder's agent, under subsection (g) in connection with a loan guarantee made under section 22302, the Secretary shall be subrogated to all of the rights of the holder with respect to the obligor under the loan. ``(2) Disposition of property.--The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property or other interests obtained pursuant to this section. The Secretary shall not be subject to any Federal or State regulatory requirements when carrying out this paragraph. ``(i) Action Against Obligor.--The Secretary may bring a civil action in an appropriate Federal court in the name of the United States in the event of a default on a direct loan made under section 22302, or in the name of the United States or of the holder of the obligation in the event of a default on a loan guaranteed under section 22302. The holder of a guarantee shall make available to the Secretary all records and evidence necessary to prosecute the civil action. The Secretary may accept property in full or partial satisfaction of any sums owed as a result of a default. If the Secretary receives, through the sale or other disposition of such property, an amount greater than the aggregate of-- ``(1) the amount paid to the holder of a guarantee under subsection (g) of this section; and ``(2) any other cost to the United States of remedying the default, the Secretary shall pay such excess to the obligor. ``(j) Breach of Conditions.--The Attorney General shall commence a civil action in an appropriate Federal court to enjoin any activity which the Secretary finds is in violation of this Act, regulations issued hereunder, or any conditions which were duly agreed to, and to secure any other appropriate relief. ``(k) Attachment.--No attachment or execution may be issued against the Secretary, or any property in the control of the Secretary, prior to the entry of final judgment to such effect in any State, Federal, or other court. ``(l) Investigation Charge.--The Secretary may charge and collect from each applicant a reasonable charge for appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought, and for making necessary determinations and findings. Such charge shall not aggregate more than one-half of 1 percent of the principal amount of the obligation.''. (b) Conforming Amendment.--The table of chapters of subtitle V of title 49, United States Code, is amended by inserting after the item relating to chapter 221 the following: ``223. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS.............. 22301''. SEC. 3. TECHNICAL AND CONFORMING PROVISIONS. (a) Repeal.--Title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) is repealed. (b) Savings Provision.--A transaction entered into under the authority of title V of the Railroad Revitalization and Regulatory Reform Act of 1976 before the date of the enactment of this Act shall be administered until completion under its terms as if subsection (a) of this subsection were not enacted. (c) Technical and Conforming Amendments.--(1) Section 211(i) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721(i)) is repealed. (2) Section 306(b) of title 49, United States Code, is amended by striking ``title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and inserting in lieu thereof ``chapter 223 of this title''.", "summary": "Railroad Infrastructure Financing Improvement Act of 1997 - Amends Federal railroad law to authorize the Secretary of Transportation to provide not more than $5 billion in direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, and railroad carriers to: (1) acquire, improve, or rehabilitate existing rail equipment or facilities, or establish new railroad facilities; or (2) refinance outstanding debt incurred in carrying out such activities. Sets forth specified conditions and eligibility requirements for such loans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preparing Teachers for Digital Age Learners Act of 2008''. SEC. 2. TEACHER PREPARATION. Part B of title II of the Higher Education Act of 1965 (20 U.S.C. 1041 et seq.) is amended to read as follows: ``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS ``SEC. 221. DEFINITIONS. ``For purposes of this part: ``(1) Arts and sciences.--The term `arts and sciences' means-- ``(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and ``(B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit. ``(2) High-need school.--The term `high-need school' means a public elementary school or public secondary school that-- ``(A) is among the highest 25 percent of schools served by the local educational agency that serves the school, in terms of the percentage of students from families with incomes below the poverty line; or ``(B) is designated with a school locale code of Rural: Fringe, Rural: Distant, or Rural: Remote, as determined by the Secretary. ``(3) Poverty line.--The term `poverty line' means the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. ``(4) Professional development.--The term `professional development' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. ``SEC. 222. PROGRAM AUTHORIZED. ``(a) Program Authority.--The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible consortia to pay the Federal share of the costs of projects to-- ``(1) graduate teacher candidates who are prepared to use modern information, communication, and learning tools to-- ``(A) improve student learning, assessment, and learning management; and ``(B) help students develop skills to succeed in higher education and enter the workforce; and ``(2) strengthen and develop partnerships among the stakeholders in teacher preparation to transform teacher education and ensure technology rich learning environments throughout a teacher candidate's pre-service education, including clinical experiences. ``(b) Amount and Duration.--A grant, contract, or cooperative agreement under this part-- ``(1) shall be for not more than $2,000,000; ``(2) shall be for a 3-year period; and ``(3) may be renewed for one additional year. ``(c) Non-Federal Share Requirement.--The Federal share of the cost of any project funded under this part shall not exceed 75 percent. The non-Federal share of the cost of such project may be provided in cash or in kind, fairly evaluated, including services. ``(d) Definition of Eligible Consortium.--In this part, the term `eligible consortium' means a consortium of members that includes the following: ``(1) At least one institution of higher education that awards baccalaureate or masters degrees and prepares teachers for initial entry into teaching. ``(2) At least one State educational agency or local educational agency. ``(3) A department, school, or college of education at an institution of higher education. ``(4) A department, school, or college of arts and sciences at an institution of higher education. ``(5) At least one entity with the capacity to contribute to the technology-related reform of teacher preparation programs, which may be a professional association, foundation, museum, library, for-profit business, public or private nonprofit organization, community-based organization, or other entity. ``SEC. 223. USES OF FUNDS. ``(a) In General.--An eligible consortium that receives a grant or enters into a contract or cooperative agreement under this part shall use funds made available under this part to carry out a project that-- ``(1) develops long-term partnerships among members of the consortium that are focused on effective teaching with modern digital tools and content that substantially connect pre- service preparation of teacher candidates with high-needs schools; or ``(2) transforms the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates. ``(b) Uses of Funds for Partnership Grants.--In carrying out a project under subsection (a)(1), an eligible consortium shall-- ``(1) provide teacher candidates, early in their preparation, with field experiences in educational settings with technology; ``(2) build the skills of teacher candidates to support technology-rich instruction, assessment and learning management in content areas, technology literacy, an understanding of the principles of universal design, and the development of other skills for success in higher education and for entering the workforce; ``(3) provide professional development in the use of technology for teachers, administrators, and content specialists who participate in field placement; ``(4) provide professional development of technology pedagogical skills for faculty of departments, schools, and colleges of education and arts and sciences; ``(5) implement strategies for the mentoring of teacher candidates with respect to technology implementation by members of the consortium; ``(6) evaluate teacher candidates during the first years of teaching to fully assess outcomes of the project; ``(7) build collaborative learning communities for technology integration within the consortium to sustain meaningful applications of technology in the classroom during teacher preparation and early career practice; and ``(8) evaluate the effectiveness of the project. ``(c) Uses of Funds for Transformation Grants.--In carrying out a project under subsection (a)(2), an eligible consortium shall-- ``(1) redesign curriculum to require collaboration between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach content or methods courses for training teacher candidates; ``(2) collaborate between the department, school, or college of education faculty and the department, school, or college of arts and science faculty and academic content specialists at the local educational agency to educate pre- service teachers who can integrate technology and pedagogical skills in content areas; ``(3) collaborate between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach courses to pre- service teachers to-- ``(A) develop and implement a plan for pre-service teachers and continuing educators that demonstrates effective instructional strategies and application of such strategies in the use of digital tools to transform the teaching and learning process; and ``(B) better reach underrepresented pre-service teacher populations with programs that connect such pre-service teacher populations with applications of technology; ``(4) collaborate among faculty and students to create and disseminate case studies of technology applications in classroom settings with a goal of improving student achievement in high-need schools; ``(5) provide additional technology resources for pre- service teachers to plan and implement technology applications in classroom settings that provide evidence of student learning; and ``(6) bring together expertise from departments, schools, or colleges of education, arts and science faculty, and academic content specialists at the local educational agency to share and disseminate technology applications in the classroom through teacher preparation and into early career practice. ``SEC. 224. APPLICATION REQUIREMENTS. ``To be eligible to receive a grant or enter into a contract or cooperative agreement under this part, an eligible consortium shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include the following: ``(1) A description of the project to be carried out with the grant, including how the project will-- ``(A) develop a long-term partnership focused on effective teaching with modern digital tools and content that substantially connects pre-service preparation of teacher candidates with high-need schools; or ``(B) transform the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates. ``(2) A demonstration of-- ``(A) the commitment, including the financial commitment, of each of the members of the consortium for the proposed project; and ``(B) the support of the leadership of each organization that is a member of the consortium for the proposed project. ``(3) A description of how each member of the consortium will participate in the project. ``(4) A description of how the State or local educational agency will incorporate the project into the agency's technology plan, if such a plan already exists. ``(5) A description of how the project will be continued after Federal funds are no longer available under this part for the project. ``(6) A description of how the project will incorporate-- ``(A) State teacher technology standards; and ``(B) State student technology standards. ``(7) A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives. ``SEC. 225. EVALUATION. ``Not less than 10 percent of the funds awarded to an eligible consortium to carry out a project under this part shall be used to evaluate the effectiveness of such project. ``SEC. 226. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated $100,000,000 to carry out this part for fiscal year 2009 and such sums as may be necessary for each of the 2 succeeding fiscal years.''.", "summary": "Preparing Teachers for Digital Age Learners Act of 2008 - Amends the Higher Education Act of 1965 to replace the Preparing Tomorrow's Teachers to Use Technology program of part B of title II with the Preparing Teachers for Digital Age Learners program. Authorizes the Secretary to provide funds, through grants, contracts, or cooperative agreements, to consortia of institutions of higher education, states or local educational agencies, and entities able to assist in the technology-related reform of teacher preparation programs, covering up to three-fourths of the costs of projects to: (1) develop long-term partnerships among consortium members that are focused on effective teaching with modern digital tools and content that connect pre-service teacher preparation with high-need schools; or (2) transform the way departments, schools, and colleges of education teach classroom technology integration to teacher candidates."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia and United States Territories Circulating Quarter Dollar Program Act''. SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS COMMEMORATING THE DISTRICT OF COLUMBIA AND EACH OF THE TERRITORIES. Section 5112 of title 31, United States Code, is amended by inserting after subsection (m) the following new subsection: ``(n) Redesign and Issuance of Circulating Quarter Dollar Commemorating the District of Columbia and Each of the Territories.-- ``(1) Redesign in 2009.-- ``(A) In general.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2) and subject to paragraph (6)(B), quarter dollar coins issued during 2009, shall have designs on the reverse side selected in accordance with this subsection which are emblematic of the District of Columbia and the territories. ``(B) Flexibility with regard to placement of inscriptions.--Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars issued during 2009 in which-- (i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; and (ii) any inscription described in the third sentence of subsection (d)(1) or the designation of the value of the coin appears on the obverse side of any such quarter dollars. ``(2) Single district or territory design.--The design on the reverse side of each quarter dollar issued during 2009 shall be emblematic of one of the following: The District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(3) Selection of design.-- ``(A) In general.--Each of the 6 designs required under this subsection for quarter dollars shall be selected by the Secretary after consultation with-- ``(i) the chief executive of the District of Columbia or the territory being commemorated, or such other officials or group as the chief executive officer of the District of Columbia or the territory may designate for such purpose; and ``(ii) the Commission of Fine Arts. ``(B) Selection and approval process.--Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(C) Participation.--The Secretary may include participation by District or territorial officials, artists from the District of Columbia or the territory, engravers of the United States Mint, and members of the general public. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any quarter dollar under this subsection. ``(4) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper. ``(C) Sources of bullion.--The Secretary shall obtain silver for minting coins under subparagraph (B) from available resources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. ``(D) Timing and order of issuance.--Coins minted under this subsection commemorating the District of Columbia and each of the territories shall be issued in equal sequential intervals during 2009 in the following order: the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(6) Other provisions.-- ``(A) Application in event of admission as a state.--If the District of Columbia or any territory becomes a State before the end of the 10-year period referred to in subsection (l)(1), subsection (l)(7) shall apply, and this subsection shall not apply, with respect to such State. ``(B) Application in event of independence.--If any territory becomes independent or otherwise ceases to be a territory or possession of the United States before quarter dollars bearing designs which are emblematic of such territory are minted pursuant to this subsection, this subsection shall cease to apply with respect to such territory. ``(7) Territory defined.--For purposes of this subsection, the term `territory' means the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.''. Passed the House of Representatives October 7, 2002. Attest: Clerk.", "summary": "District of Columbia and United States Territories Circulating Quarter Dollar Program Act - Amends Federal law to authorize the Secretary of the Treasury to mint and issue during 2009 redesigned quarter dollars commemorating the District of Columbia and the U.S. territories."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``FEMA Common Sense and Cost Effectiveness Act of 2011''. SEC. 2. CONSTRUCTION AND MAINTENANCE OF LEVEES. (a) Stafford Act.-- (1) Predisaster mitigation program.--Section 203(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(e)) is amended by adding at the end the following: ``(3) Construction of levees on acquired lands.--Subject to paragraph (4), and notwithstanding any requirement that property acquired or accepted under this section be dedicated and maintained in perpetuity as open space for the conservation of natural flood plain functions, if financial assistance provided under this section is used to acquire or accept property for open space purposes, the President may permit the construction or maintenance on the property of-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the President, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I). ``(4) Downstream communities.--The President may deny an application to construct or maintain a levee described in paragraph (3) if the levee poses a significant threat of harm to downstream communities.''. (2) Hazard mitigation grant program.--Section 404(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)) is amended-- (A) in paragraph (2)(B)-- (i) in clause (i), by inserting ``except for the construction or maintenance of a structure described in clause (ii) (including a levee),'' before ``any property''; and (ii) in clause (ii)-- (I) in subclause (II), by striking ``or'' at the end; (II) by redesignating subclause (III) as subclause (IV); and (iii) by inserting after subclause (II) the following: ``(III) subject to paragraph (5), a levee described in paragraph (4); or''; and (B) by adding at the end the following: ``(4) Levees.--A levee described in this paragraph is-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the President, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I). ``(5) Downstream communities.--The President may deny an application to construct or maintain a levee described in paragraph (4) if the levee poses a significant threat of harm to downstream communities.''. (b) Construction of Levees Under Hazard Mitigation Programs Relating to Floods.-- (1) Flood mitigation assistance.--Section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is amended by adding at the end the following: ``(n) Construction of Levees on Acquired Lands.-- ``(1) In general.--Subject to paragraph (2), and notwithstanding any requirement that property acquired or accepted under this section be dedicated and maintained in perpetuity as open space for the conservation of natural flood plain functions, if the mitigation activities funded under subsection (a) include the acquisition or acceptance of property for open space purposes, the Administrator may permit the construction or maintenance on the property of-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the Administrator, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I). ``(2) Downstream communities.--The Administrator may deny an application to construct or maintain a levee described in paragraph (1) if the levee poses a significant threat of harm to downstream communities.''. (2) Grants for repetitive insurance claim properties.-- Section 1323 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030) is amended by adding at the end the following: ``(c) Construction of Levees on Acquired Lands.-- ``(1) In general.--Subject to paragraph (2), and notwithstanding any requirement that property acquired or accepted under this section be dedicated and maintained in perpetuity as open space for the conservation of natural flood plain functions, if the mitigation activities funded under subsection (a) include the acquisition or acceptance of property for open space purposes, the Administrator may permit the construction or maintenance on the property of-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the Administrator, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I). ``(2) Downstream communities.--The Administrator may deny an application to construct or maintain a levee described in paragraph (1) if the levee poses a significant threat of harm to downstream communities.''. (3) Severe repetitive loss program.--Section 1361A(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4102a(g)) is amended-- (A) in paragraph (1), by striking the period at the end and inserting the following: ``, including that, subject to paragraph (5), and notwithstanding any requirement that property acquired or accepted under this section be dedicated and maintained in perpetuity as open space for the conservation of natural flood plain functions, the Administrator may permit the construction or maintenance on such property of-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the Administrator, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I).''; and (B) by adding at the end the following: ``(5) Downstream communities.--The Administrator may deny an application to construct or maintain a levee described in paragraph (1) if the levee poses a significant threat of harm to downstream communities.''. (c) Applicability of Amendments.--The amendments made by this section shall apply to all property acquired or accepted pursuant to section 203 or 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133 and 5170c) or section 1323, 1366, or 1361A of the National Flood Insurance Act of 1968 (42 U.S.C. 4030, 4104c, and 4102a) before, on, or after the date of enactment of this Act.", "summary": "FEMA Common Sense and Cost Effectiveness Act of 2011 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the National Flood Insurance Act of 1968 to authorize the construction and maintenance of levees on property acquired under the Federal Emergency Management Agency's (FEMA's) hazard mitigation grant programs, including: (1) a levee that is federally owned and operated; (2) a permanent levee that is federally constructed and nonfederally operated and maintained; (3) a levee that is federally constructed as a nonpermanent levee, that a nonfederal entity desires to operate and maintain as a permanent levee, and the owners of which are participating in, or, in a specified period after the date on which the levee is constructed, will begin participating in, the emergency response to natural disasters program; and (4) a nonfederal levee the owners of which are participating in the program. Authorizes an application to construct or maintain a levee on acquired lands to be denied if the levee poses a significant threat of harm to downstream communities."}
{"article": "SECTION 1. NATIONAL TASK FORCE ON VIOLENCE AGAINST WOMEN. Not later than 30 days after the date of enactment of this Act, the Attorney General shall establish a task force to be known as the ``National Task Force on Violence against Women'' (referred to in this Act as the ``task force''). SEC. 2. DUTIES. (a) General Purpose of Task Force.--The task force shall develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crime, punishing persons who commit such crimes, and enhancing the rights of victims of such crimes. (b) Duties of Task Force.--The task force shall perform such functions as the Attorney General deems appropriate to carry out the purposes of the task force, including-- (1) considering the reports of past Federal and State task forces or commissions on violent crime, family violence, and crime victims, including the President's Task Force on Victims of Crime (1982), the Attorney General's Task Force on Family Violence (1984), and the task forces and commissions established by the States of Alabama, Alaska, Arkansas, Hawaii, Idaho, Indiana, Kansas, Louisiana, Michigan, Minnesota, Nebraska, New Mexico, New York, North Carolina, Rhode Island, Virginia, Texas, Wisconsin, and Wyoming; (2) developing strategies for Federal, State, and local law enforcement designated to protect women against violent crime, and to prosecute and punish those responsible for such crime; (3) evaluating the adequacy of sentencing, incarceration, and release of violent offenders against women, and making recommendations designated to ensure that such offenders receive appropriate punishment; and (4) evaluating the adequacy of the treatment of victims of violent crime against women within the criminal justice system, and making recommendations designed to improve such treatment. SEC. 3. MEMBERSHIP. (a) In General.--The task force shall consist of up to 10 members, who shall be appointed by the Attorney General not later than 60 days after the date of enactment of this Act. The Attorney General shall ensure that the task force includes representatives of State and local law enforcement, the State and local judiciary, and groups dedicated to protecting the rights of victims. (b) Chairperson.--The Attorney General or a designee shall serve as the chairperson of the task force. SEC. 4. PAY. (a) No Additional Compensation.--Members of the task force who are officers or employees of a governmental agency shall receive no additional compensation by reason of their service on the task force. (b) Per Diem.--While away from their homes or regular places of business in the performance of duties for the task force, members of the task force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. SEC. 5. EXECUTIVE DIRECTOR AND STAFF. (a) Executive Director.-- (1) Appointment.--The task force shall have an Executive Director who shall be appointed by the Attorney General not later than 30 days after the task force is fully constituted under subsection (c). (2) Compensation.--The Executive Director shall be compensated at a rate not to exceed the maximum rate of the basic pay payable under GS-15 of the General Schedule as contained in title 5, United States Code. (b) Staff.--With the approval of the task force, the Executive Director may appoint not more than 12 individuals to serve as staff and fix the compensation of such additional personnel as the Executive Director considers necessary to carry out the duties of the task force. (c) Applicability of Civil Service Laws.--The Executive Director and the additional personnel of the task force appointed under paragraph (2) may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. SEC. 6. POWERS OF TASK FORCE. (a) Hearings.--For the purpose of carrying out this section, the task force may conduct such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the task force considers appropriate. The task force may administer oaths before the task force. (b) Delegation.--Any member or employee of the task force may, if authorized by the task force, take any action that the task force is authorized to take under this section. (c) Access to Information.--The task force may secure directly from any executive department or agency such information as may be necessary to enable the task force to carry out this section, to the extent access to such information is permitted by law. (d) Mail.--The task force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. REPORT. Not later than 1 year after the date on which the task force is fully constituted under subsection (c), the Attorney General shall submit a detailed report to the Congress on the findings and recommendations of the task force. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $500,000 to carry out the purposes of this Act. SEC. 9. TERMINATION. The task force shall cease to exist 30 days after the date on which the Attorney General's report is submitted under section 8.", "summary": "Directs the Attorney General to establish a National Task Force on Violence against Women. Includes among the duties of the task force: (1) considering the reports of past Federal and State task forces or commissions on violent crime, family violence, and crime victims; (2) developing strategies for Federal, State, and local law enforcement to protect women against violent crime and to prosecute and punish those responsible for such crime; (3) evaluating the adequacy of sentencing, incarceration, and release of violent offenders against women and making recommendations to ensure that such offenders receive appropriate punishment; and (4) evaluating the adequacy of the treatment of victims of violent crime against women within the criminal justice system and making recommendations designed to improve such treatment. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Path to Success: Gang Prevention through Community Partnerships Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage community supported programs that-- (1) leverage and enhance community support for at-risk young adults by facilitating the transition of such young adults who are eligible individuals into productive learning environments where such young adults can obtain the life, social, academic and vocational skills and credentials necessary to strengthen the Nation's workforce; (2) provide counseling, as appropriate, for eligible individuals participating in the programs to allow such individuals to build a relationship with one or more guidance counselors during the period that the individuals are enrolled in the programs, including providing referrals and connections to community resources that help eligible individuals transition back into the community with the necessary life, social, academic and vocational skills after being in detention, or incarcerated, particularly resources related to health, housing, job training, and work-place readiness; (3) provide training and education for eligible individuals participating in the programs, to allow such individuals to assist community officials and law enforcement agencies with the deterrence and prevention of gang and youth violence by participating in seminars, training, and workshops throughout the community; and (4) provide each eligible youth participating in the programs with individual attention based on a curriculum that matches the interests and abilities of the individual to the resources of the program. SEC. 3. REENTRY EDUCATION PROGRAM. (a) Grant Program Established.--The Secretary of Education is authorized to award grants to community colleges to enter into and maintain partnerships with juvenile detention centers and secure juvenile justice residential facilities to provide assistance, services, and education to eligible individuals who reenter the community and pursue, in accordance with the requirements of this Act, at least one of the following: (1) A certificate of graduation from a school providing secondary education, a general equivalency diploma (GED), or another recognized equivalent of such a certificate or diploma. (2) A certificate of completion for a specialized area of study, such as vocational training and other alternative post- secondary educational programs. (3) An associate's degree. (b) Grant Period.--A grant awarded under this Act shall be for one 2-year period, and may be renewed for an additional period as the Secretary determines to be appropriate. (c) Application.--A community college desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require, which shall include-- (1) an assessment of the existing community resources available to serve at-risk youth; (2) a detailed description of the program and activities the community college will carry out with such grant; and (3) a proposed budget describing how the community college will use the funds made available by such grant. (d) Priority.--In awarding grants under this section, the Secretary of Education shall give priority to community colleges that accept the highest number of eligible individuals from high-risk areas, and among such community colleges, shall give priority to community colleges that the Secretary determines will best carry out the purposes of this Act, based on the applications submitted in accordance with subsection (c). SEC. 4. ALLOWABLE USES OF FUNDS. A community college awarded a grant under this Act may use such grant to-- (1) pay for tuition and transportation costs of eligible individuals; (2) establish and carry out an education program that includes classes for eligible individuals that-- (A) provide marketable life and social skills to such individuals; (B) meet the education program requirements under section 5; (C) promote the civic engagement of such individuals; and (D) facilitate a smooth reentry of such individuals into the community; (3) create and carry out a mentoring program-- (A) that is specifically designed to help eligible individuals with the potential challenges of the transitional period from detention to release; (B) is created in consultation with guidance counselors, academic advisors, law enforcement officials, and other community resources; and (C) that is administered by a program coordinator, selected and employed by the community college, who shall oversee each individual's development and shall serve as the immediate supervisor and reporting officer to whom the academic advisors, guidance counselors, and volunteers shall report regarding the progress of each such individual; (4) facilitate employment opportunities for eligible individuals by entering into partnerships with public and private entities to provide opportunities for internships, apprenticeships, and permanent employment, as possible, for such individuals; and (5) provide training for eligible individuals participating in the programs, to allow such individuals to assist community officials and law enforcement agencies with the deterrence and prevention of gang and youth violence by participating in seminars and workshop series throughout the community. SEC. 5. EDUCATION PROGRAM REQUIREMENTS. An education program established and carried out under section 4 shall-- (1) include classes that are required for completion of a certificate, diploma, or degree described in paragraphs (1) through (3) of section 3(a); (2) provide a variety of academic programs, with various completion requirements, to accommodate the distinctive academic backgrounds, learning curves, and concentration interests of the eligible individuals who participate in the program; (3) offer flexible academic programs that are designed to improve the academic development and achievement of eligible individuals, and to avoid high attrition rates for such individuals; and (4) provide for a uniquely designed education plan for each eligible individual participating in the program, which shall require such individual to receive, at a minimum, a certificate or diploma described in paragraph (1) of section 3(a) to successfully complete such program. SEC. 6. REPORTS. Each community college awarded a grant under this Act shall submit to the Secretary of Education a report-- (1) documenting the results of the program carried out with such grant; and (2) evaluating the effectiveness of activities carried out through such program. SEC. 7. DEFINITIONS. In this Act: (1) Community college.--The term ``community college'' means a public or nonprofit institution of higher education (as such term is defined in section 101 or 102(a)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(2)(B)), that-- (A) provides an educational program of not less than two years; and (B) that is accredited by a regional accrediting agency or association. (2) Eligible individual.--The term ``eligible individual'' means an individual who-- (A) is 16 to 19 years of age; (B) has been convicted of a gang-related offense, and has served a period of detention in a juvenile detention center for such offense; and (C) is detained in, or has been released from such center. (3) Gang-related offense.--The term ``gang-related offense'' means conduct constituting any Federal or State crime, punishable by imprisonment in any of the following categories: (A) A crime of violence. (B) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary. (C) A crime involving the manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). (4) Guidance counselor.--The term ``guidance counselor'' means an individual who works with at-risk youth on a one-on- one basis, to establishing a supportive relationship with such at-risk youth and to provide such at-risk youth with academic assistance and exposure to new experiences that enhance their ability to become responsible citizens. (5) High-risk area.--The term ``high-risk area'' means a specified area within a State where there is a disproportionately high number of gang-related activities reported to State and local law enforcement authorities. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $20,000,000 for the period beginning with fiscal year 2008 and ending with fiscal year 2010.", "summary": "Path to Success: Gang Prevention through Community Partnerships Act - Authorizes the Secretary of Education to award grants to community colleges to establish partnerships with juvenile detention centers and secure juvenile justice residential facilities to provide assistance, services, and education to individuals age 16 through 19 who have served or are serving time in juvenile detention facilities for a gang-related offense who reenter the community and pursue: (1) a secondary education graduation certificate, a general equivalency diploma (GED), or equivalent certificate or diploma; (2) a certificate of completion for a specialized area of study; or (3) an associate's degree. Requires such education programs to establish a uniquely designed education plan for each individual program participant that requires the individual to receive at least a secondary education certificate or diploma in order to complete the program successfully."}
{"article": "SECTION. 1. SHORT TITLE. This Act may be referred to as the ``Small Business Emancipation Act of 1996''. SEC. 2. DEFINITION. For purposes of this Act the term small-business concern has the meaning given such term in section 3(a)(1) of the Small Business Act (15 U.S.C. 632(a)(1)). TITLE I--LABOR PROVISIONS SEC. 101. SIMPLIFICATION OF EMPLOYEE'S ``REGULAR RATE'' FOR PURPOSES OF CALCULATING OVERTIME COMPENSATION. Notwithstanding 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)), the ``regular rate'' at which an employee of a small- business concern is employed shall not be deemed to include sums paid in recognition of services performed during a given period if the payments are made to reward an employee or group of employees for meeting or exceeding the productivity, quality, efficiency, or sales goals as specified in a gainsharing, incentive bonus, commission, or performance contingent bonus plan. SEC. 102. COMPENSATORY TIME. Notwithstanding section 7(o) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(o))-- (1) An employee of a small-business concern may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than 1\\1/2\\ hours for each hour of employment for which overtime compensation is required by this subsection. (2) An employer may provide compensatory time under paragraph (1) only pursuant to-- (A) applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the employer and representative of such employees; or (B) in the case of employees not covered by subparagraph (A), an agreement or understanding arrived at between the employer and employee before the performance of the work. (3) An employee may accrue not more than 240 hours of compensatory time. Not later than January 31 of each calendar year, the employee's employer shall provide monetary compensation for any compensatory time off accrued during the preceding calendar year which was not used prior to December 31 of the preceding year at a rate not less than 1\\1/2\\ times the regular rate earned by the employee at the time the employee receives such payment. An employer may designate and communicate to the employer's employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12- month period. (4) An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation not less than-- (A) the average regular rate received by such employee during the last 3 years of the employee's employment, or (B) the final regular rate received by such employee, whichever is higher. (5) An employee-- (A) who has accrued compensatory time off authorized to be provided under paragraph (1), and (B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer. (6) For purposes of this subsection the terms ``compensatory time'' and ``compensatory time off'' mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee's regular rate. SEC. 103. FLEXIBLE AND COMPRESSED SCHEDULES. (a) Compressed Schedules.--Notwithstanding any other provision of law, a small-business concern employer may establish programs that allow the use of a compressed schedule that consists of-- (1) in the case of a schedule of a full-time employee, a 160-hour basic work requirement, over a 4-week period, that is scheduled for less than 20 workdays; and (2) in the case of a schedule of a part-time employee, a basic work requirement of less than 160 hours, over a 4-week period, that is scheduled for less than 20 workdays. (b) Flexible Schedules.--Notwithstanding any other provision of law, a small-business concern employer may establish programs that allow the use of flexible schedules that include-- (1) designated hours and days during which an employee on such a schedule must be present for work; and (2) designated hours during which an employee on such a schedule may elect the time of the arrival of such employee at and departure of such employee from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday. SEC. 104. SMALL-BUSINESS CONCERN AUDIT EXEMPTION. Notwithstanding any other provision of law, a small-business concern shall not be required to disclose any information obtained through a voluntary internal audit to any regulatory agency. SEC. 105. EXEMPTION FROM THE DAVIS-BACON ACT. The provisions of the Act of March 3, 1931 (40 U.S.C. 276a et seq.) (commonly referred to as the Davis-Bacon Act) shall not apply to any laborers or mechanics employed by small-business concerns. SEC. 106. OCCUPATIONAL SAFETY AND HEALTH STANDARDS. (a) Standard Basis.--Section 6(b) of the Occupational Safety and Health Act (29 U.S.C. 655(b)) is amended by inserting after paragraph (8) the following: ``(9) In establishing standards under this section, the Secretary shall consider and make findings concerning whether there is a reasonable relationship between the costs and benefits of the standard, and the particular effects of the standard on small-business concerns.''. (b) Violations.--Section 17 of the Occupational Safety and Health Act (29 U.S.C. 666) is amended by redesignating subsection (l) as subsection (m) inserting after subsection (k) the following: ``(l) In the case of any small-business concern employer who received a citation for a violation of the requirements of section 5, any standard, rule, or order promulgated pursuant to section 6 or of any regulations prescribed under this Act, the Secretary shall waive up to 100 percent of such penalty to the extent that the employer uses the amount which would have been paid as penalty for correction of the violation. This subsection shall apply where ``(1) the employer has made a good faith effort to comply with applicable regulation, and ``(2) the violation does not constitute a significant threat to an employee's health or safety or is not a criminal violation.''. (c) Employee Participation.--The Occupational Safety and Health Act (29 U.S.C. 651 et seq.) is amended by adding at the end the following: ``employee participation ``Sec. 33. In order to carry out the purposes of this Act to encourage employers and employees in their efforts to reduce the number of occupational safety and health hazards, an employee participation committee or other mechanism-- ``(1) in which employees participate, ``(2) which exists for the purpose, in whole or in part, of dealing with employees concerning the safety or health of working conditions or related matters, and ``(3) which does not have, claim, or seek authority to negotiate or enter into collective bargaining agreements with an employer or to amend existing collective bargaining agreements between and employer and any labor organization, shall not constitute a `labor organization' for purposes of section 8(a)(2) of the National Labor Relations Act or a representative for purposes of sections 1 and 2 of the Railway Labor Act.''. (d) Small Business Assistance and Training.--The Occupational Safety and Health Act, as amended by paragraph (3), is amended by adding after section 33 the following: ``small business assistance and training ``Sec. 34. (a) The Secretary shall establish and implement a program to provide technical assistance and consultative services for employers and employees, either directly or by grant or contract, concerning worksite safety and health and compliance with this Act. Such assistance shall be targeted at small employers and the most hazardous industries. ``(b) This subsection authorizes the consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration and described in part 1908 of title 39 of the Code of Federal Regulations. ``(c) Not less than one-fourth of the annual appropriation made to the Secretary to carry out this Act shall be expended for the purposes described in this section.''. (e) Voluntary Protection Program Award.--The Occupational Safety and Health Act, as amended by paragraph (4), is amended by adding after section 34 the following: ``voluntary protection program award ``Sec. 35. (a) The Secretary shall establish an award which shall periodically be made to small-business concerns which have implemented particularly effective approaches to addressing occupational safety and health in the workplace, including those which provide for effective employee involvement in improving safety and health and which are as a consequence deserving of special recognition. ``(b) A company or organization to which an award is made under subsection (a) and which agrees to help other American companies or organizations improve their occupational safety and health may publicize its receipt of such award and use the award in its advertising, but it shall be ineligible to receive another such award in the same category for a period of 5 years. ``(c)(1) Subject to paragraph (2), separate awards shall be made to qualifying organizations and companies in each of the following categories-- ``(A) manufacturing; ``(B) agricultural; ``(C) concerns providing services; ``(D) retail; and ``(E) construction. ``(2) Not more than 1 award may be made within any subcategory in any year (and no award shall be made within any category if there are no qualifying enterprises in that category. ``(d) An organization or company may qualify for an award under subsection (a) only if it-- ``(1) applies to the Secretary in writing, for the award, ``(2) permits a rigorous evaluation of its occupational safety and health operations, and ``(3) meets such requirements and specifications as the Secretary determines to be appropriate to achieve the objectives of this section. In applying paragraph (3) with respect to any organization or company, the Secretary shall rely upon an intensive evaluation of the occupational safety and health operation. The examination should encompass all aspects of the organization's or company's current occupational safety and health practice. The award shall be given only to organizations and companies which have made outstanding improvements in their occupational safety and health practices and which demonstrate effective occupational safety and health practices through the training and involvement of all levels of personnel. ``(e) The Secretary shall ensure that all program participants receive the complete results of their audits as well as detailed explanations of all suggestions for improvements. The Secretary shall also provide information about the awards and the successful quality improvement strategies and programs of the award-winning participants to all participants and other appropriate groups. ``(f) The Secretary is authorized to seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations and companies applying for the award in amounts sufficient to provide such additional sums. ``(g) The Secretary shall prepare and submit to the President and the Congress, within 3 years after the date of the enactment of this section, a report on the progress, findings, and conclusions of activities conducted pursuant to this section along with recommendations for possible modifications thereof.''. SEC. 107. PROHIBITION OF PREFERENTIAL TREATMENT. (a) It shall be an unlawful employment practice for any small business concern employer to grant preferential treatment to any individual or group with respect to selection for, discharge from, compensation for, or the terms, conditions, or privileges of, employment or union membership, on the basis of the race, color, religion, sex, or national origin of such individual or group, for any purpose, except as provided in subsection (b). (b) It shall not be unlawful employment practice for an entity described in subsection (a) to undertake affirmative action designed to recruit individuals of an underrepresented race, color, religion, sex, or national origin, to expand the applicant pool of the individuals seeking employment or union membership with the entity. (c) Nothing in the amendments made by this subsection shall be construed to affect the authority of courts to remedy intentional discrimination under section 706(g) of the Civil Rights Act of 1964 (Public Law 88-352). TITLE II--TAX PROVISIONS SEC. 201. EXCLUSION FROM GROSS ESTATE OF INTERESTS IN CERTAIN SMALL BUSINESSES. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by adding at the end the following new section: ``SEC. 2047. EXCLUSION OF QUALIFIED SMALL BUSINESS INTERESTS. ``(a) In General.--If the executor elects the application of this section, the value of the gross estate shall not include the value of the qualified small business interests of the decedent which are otherwise includible in the estate. ``(b) Qualified Small Business Interest.--For purposes of this section-- ``(1) In general.--The term `qualified small business interest' means-- ``(A) an interest as a proprietor in a small- business concern which is a trade or business carried on as a proprietorship, or ``(B) an interest as a partner in a small-business concern which is a partnership, or stock in a small- business concern which is a corporation, carrying on a trade or business, if more than 50 percent of such partnership or corporation (by vote or value) is owned by the decedent. ``(2) Small-business concern.--For purposes of this subsection, the term `small-business concern' has the meaning given such term in section 3(a)(1) of the Small Business Act. ``(3) Indirect ownership.--For purposes of determining ownership under paragraph (1), the rules of section 318 shall apply. ``(4) Limitation to small-business concerns in united states.--The term `qualified small business interest' shall not include any interest in a small-business concern the principal place of business of which is not in the United States or its possessions.'' (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2047. Exclusion of qualified small business interests.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act. SEC. 202. EXCLUSION OF 401(k) PLANS FROM TOP-HEAVY RULES. (a) In General.--Paragraph (4) of section 416(g) of the Internal Revenue Code of 1986 (relating to special rules for top-heavy plans) is amended by adding at the end the following new subparagraph: ``(H) 401(k) plans.--The term `top heavy plan' shall not include a qualified cash or deferred arrangement, as defined in section 401(k).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to plan years ending after the date of the enactment of this Act. SEC. 203. NO DISQUALIFICATION BY REASON OF GOOD FAITH ADMINISTRATIVE ERROR. (a) In General.--Section 401 of the Internal Revenue Code of 1986 (relating to qualified pension, profit-sharing, and stock bonus plans) is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) No Disqualification By Reason of Good Faith Administrative Error.-- ``(1) In general.--A trust shall not be disqualified for purposes of this part by reason of a good faith administrative error which is-- ``(A) de minimis, or ``(B) inadvertent, if such error is corrected within a reasonable period of time after the employer is notified (by the Secretary or by any other person) of the error. ``(2) Inadvertent.--For purposes of paragraph (1), an error shall be treated as inadvertent if made without knowledge or reason to know of the error.'' (b) Report on Definitions.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Congress a report setting forth the proposed interpretation by the Secretary of the terms ``good faith administrative error'' and ``de minimis'' for purposes of subsection (o) of section 401 of the Internal Revenue Code of 1986, as added by this section. (c) Effective Date.--The amendment made by subsection (a) shall apply to plan years ending after the date of the enactment of this Act.", "summary": "TABLE OF CONTENTS: Title I: Labor Provisions Title II: Tax Provisions Small Business Emancipation Act of 1996 - Title I: Labor Provisions - States that the \"regular rate\" at which a small business employee (SBE) is employed shall not include sums paid under a performance plan as a reward for meeting or exceeding productivity, quality, efficiency, or sales goals. Authorizes an SBE to receive, in lieu of overtime compensation, compensatory time off at a rate of not less than one and one-half hours off for each hour of employment for which overtime compensation would have been paid. Limits the annual accrual of compensatory time to 240 hours. Provides for the payment of unused compensatory time upon termination. (Sec. 103) Authorizes a small business employer to establish compressed and flexible work schedules. (Sec. 104) States that a small business shall not be required to disclose to any regulatory agency any information obtained through a voluntary internal audit. (Sec. 105) Exempts laborers or mechanics employed by a small business from the provisions of the Davis-Bacon Act. (Sec. 106) Amends the Occupational Safety and Health Act (the Act) to: (1) direct the Secretary of Labor, in establishing occupational safety and health (OSH) standards, to consider the relationship between the costs and benefits of a standard and its effect on small businesses; (2) authorize the Secretary to waive up to 100 percent of an OSH violation penalty to be paid by a small business to the extent that the employer uses the amount to correct the violation; and (3) provide that an employee participation committee formed to attempt to reduce the number of OSH hazards shall not be considered a \"labor organization\" for purposes of specified labor representation provisions. Directs the Secretary to: (1) establish and implement a program to provide technical assistance and consultative services for small business employers and employees concerning worksite OSH and compliance with the Act; (2) establish an award to be periodically made to small businesses which have implemented effective approaches to addressing OSH in the workplace; and (3) prepare and submit to the President and the Congress a report on the progress, findings, and conclusions of activities conducted under this section, along with recommendations for modifications. (Sec. 107) Prohibits a small business employer from granting preferential treatment to any individual or group on the basis of race, color, religion, sex, or national origin. Title II: Tax Provisions - Amends the Internal Revenue Code to: (1) exclude from the gross estate the value of a qualified small business interest of a decedent; (2) exclude a qualified cash or deferred arrangement from the definition of a \"top heavy plan\"; and (3) provide that a trust shall not be disqualified from consideration as a qualified pension, profit-sharing, or stock-bonus plan by reason of a good faith administrative error."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Veterans Equitable Treatment Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Veterans were promised by the Federal Government that for their service to the country they would be provided a lifetime of health care services, as well as their own health care service network. (2) The current allocation system for appropriations made to the Department of Veterans Affairs for medical care, known as the Veterans Equitable Resource Allocation (VERA) formula and established by the Secretary of Veterans Affairs pursuant to section 429 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2929), has proved to be an ineffective means of allocating such funds fairly across the 22 national service regions, known as Veterans Integrated Service Networks (VISNs), of the Department of Veterans Affairs. (3) The VERA formula has resulted in a system in which veterans in some regions of the country are forced to compete with veterans in other regions for critical medical care funds, whereas the system should be providing the funding necessary to meet the health care needs of all veterans, regardless of where they live, to ensure that all veterans have access to the level and quality of care that they have all earned and deserve. (4) The Secretary of Veterans Affairs established a set of performance goals in fiscal year 2000, which are referred to as ``30-30-20'', representing the Secretary's goal to schedule nonurgent primary care visits within 30 days, specialty care visits within 30 days, and the maximum amount of time veterans must wait once they arrive to be seen by a doctor as 20 minutes. (5) According to the Department's Performance Report for Fiscal Year 2001, nationally 87 percent of primary care appointments were scheduled within 30 days of the desired date and 84 percent of specialty care appointments were scheduled within 30 days of the desired date, while in VISN 1, only 82 percent of primary care appointments were scheduled within 30 days of the desired date and only 80 percent of specialty care appointments were scheduled within 30 days of the desired date. (6) Until the VERA formula is changed to ensure a more equitable and adequate distribution of medical care funding within the Department of Veterans Affairs system, providing appropriate access to medical care for the Nation's veterans must remain a national priority with a method found to provide a safety net that will ensure that veterans have access to the health care they need without undermining the existing health care network of the Department of Veterans Affairs. SEC. 3. STANDARD FOR TIME FOR REFERRAL FOR SPECIALIST CARE. (a) Time for Specialist Appointments.--(1) The Secretary of Veterans Affairs shall establish by regulation a maximum specialist referral period, subject to such exceptions as the Secretary considers necessary. (2) For purposes of paragraph (1), the term ``specialist referral period'' means the period of time between (A) the date on which a veteran is referred to a specialty clinic of the Department by the veteran's primary care physician within the Department of Veterans Affairs health care system, and (B) the date for which the veteran is scheduled for an appointment with a Department specialist pursuant to such referral. (3) In establishing a maximum specialist referral period under paragraph (1), the Secretary shall act in a manner consistent with the current treatment policies of the Department based on clinical need and with the established 30-30-20 performance goal of the Department for such a referral period. (b) Standard for Transportation.--The Secretary shall take such steps as necessary to ensure that the Department of Veterans Affairs is able to provide appropriate transportation services for qualified veterans within a reasonable time period of a scheduled appointment. SEC. 4. CONTRACT CARE TO BE PROVIDED WHEN DEPARTMENT OF VETERANS AFFAIRS CARE NOT AVAILABLE IN ACCORDANCE WITH STANDARDS. (a) Contract Care.--In any case in which the Secretary of Veterans Affairs is not able to provide hospital care or medical services in accordance with the standard prescribed under section 3(a) or to provide transportation services in accordance with section 3(b), the Secretary shall promptly provide for such care or transportation from a private source. Hospital care or medical services so provided shall be those for which the veteran is otherwise eligible within the Department of Veterans Affairs medical care system. (b) Reimbursement Rate.--Whenever care or services are provided under subsection (a), the Secretary shall reimburse the provider of such care or services for the reasonable value of such care or services, as determined by the Secretary. Such reimbursement shall be provided in the same manner as applies to reimbursement for emergency treatment under section 1725 of title 38, United States Code, subject to such of the terms and conditions otherwise applicable to such reimbursements under such section as the Secretary determines to be appropriate for purposes of this section. (c) Expedited Reimbursement Procedures.--The Secretary shall take appropriate steps to expedite the reimbursement required by subsection (b). Such steps may include steps to take advantage of modern technology, including so-called ``smart card'' technology that would allow claims for such reimbursement to be processed electronically. The Secretary shall, to the extent possible, also apply such steps for expediting reimbursement to claims for emergency services provided to veterans for which the Secretary provides reimbursement under provisions of law in effect before the date of the enactment of this Act. SEC. 5. TERMINATION OF 24-MONTH RULE FOR REIMBURSEMENT FOR EMERGENCY SERVICES. The provisions of subparagraph (B) of section 1725(b)(2) of title 38, United States Code, shall not apply with respect to emergency treatment furnished on or after the date of the enactment of this Act. SEC. 6. MEDICAL ADMINISTRATOR PERFORMANCE RATINGS. The Secretary of Veterans Affairs shall include in the standards of performance used for measuring performance of administrators in the Department of Veterans Affairs medical care system a standard of assessing improvements in appointment waiting times. SEC. 7. REPORTS. The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report at the end of each fiscal-year quarter on the waiting times for appointments in the Department of Veterans Affairs medical care system. The report shall describe any reductions in such waiting times and any experience with appointment delays.", "summary": "21st Century Veterans Equitable Treatment Act - Directs the Secretary of Veterans Affairs to: (1) establish a maximum specialist referral period (the period between a veteran's referral to a specialty clinic of the Department of Veterans Affairs by a Department primary care physician and the actual appointment with a specialist); and (2) provide appropriate transportation to such appointments for qualified veterans.Requires the Secretary, in any case in which such period is exceeded or in which transportation was not so provided, to promptly provide for such care or transportation from a private source and to reimburse such source at an appropriate rate. Requires expedited reimbursement procedures.Directs the Secretary to include within standards of performance used for measuring Department medical care administration a standard of assessing improvements in appointment waiting times."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Moving to Work Reform Act of 2015''. SEC. 2. TERMS OF MOVING TO WORK AGREEMENTS. The Secretary of Housing and Urban Development may not enter into or extend any Moving to Work agreement for any public housing agency for participation in the demonstration established under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321), unless such agreement is subject to the following terms and conditions for the entire duration of such agreement: (1) Evaluation of major policy changes.--A public housing agency may not newly establish any rent policy that raises rent burdens for a significant portion of participating families, any time limitation on the term of housing assistance, or any policy that conditions receipt of housing assistance from program funds on employment status, unless-- (A) the policy change will be subject to a detailed evaluation using a rigorous research methodology which includes, at least in part, random assignment to treatment and control groups to compare the impact on assisted families (including families that cease to receive assistance during the term of the evaluation) to similar families not subject to such policy change; and (B) the Secretary determines that adequate Federal or other resources are available to undertake the required evaluation. (2) Use of tenant-based rental assistance funds.--A public housing agency may use funds appropriated for renewal of tenant-based rental assistance only for payments to or on behalf of eligible families that assist such families with housing costs, except that up to 10 percent of such funds may be used for other eligible purposes, subject to such requirements as the Secretary shall establish. (3) Determination of tenant-based rental assistance funding.--A public housing agency shall receive funding for renewal of tenant-based rental assistance determined using the same formula applied to public housing agencies that do not participate in the demonstration, except that up to 10 percent of such funds may be renewed by adjusting the prior year's funding by an inflation factor determined by the Secretary. (4) Prohibition of reduction in number of families assisted.--A public housing agency shall provide ongoing housing assistance resulting in average cost burdens no higher than those of families assisted under sections 8 and 9 of the United States Housing Act of 1937 (42 U.S.C. 1437f, 1437g) to substantially the same number of eligible low-income families as the agency could assist if it expended the full amount of funding it receives under such sections 8 and 9 pursuant to the requirements of such sections. (5) Housing choice.--If the Secretary determines that a disproportionately low share of families assisted by a public housing agency using funds appropriated pursuant to sections 8 and 9 of the United States Housing Act of 1937 lives in neighborhoods with low crime, high-performing schools, or other indicators of high opportunity, the public housing agency shall develop and implement a plan to expand families' access to such neighborhoods. (6) Determination of public housing operating funding.--A public housing agency shall receive funding for operation and management of public housing determined using the same formula applied to public housing agencies that do not participate in the demonstration, except that, for an agency that currently receives such funding under an alternative formula established by its Moving to Work agreement, the Secretary shall phase in the requirements of this paragraph in a manner sufficient so as to avoid reducing funding by more than 10 percent per year. (7) Retained provisions.--The Secretary shall not waive any of the following provisions of the United States Housing Act of 1937: (A) Subsections (a)(2)(A) and (b)(1) of section 16 (42 U.S.C. 1437n; relating to targeting for new admissions). (B) Section 2(b) (42 U.S.C. 1437(b); relating to tenant representatives on the public housing agency board of directors). (C) Section 3(b)(2) (42 U.S.C. 1437a(b)(2); relating to definitions for the terms ``low-income families'', ``very low-income families'', and ``extremely low-income families''). (D) Section 5A(e) (42 U.S.C. 1437c-1(e); relating to the formation of and consultation with a resident advisory board). (E) Sections 6(f)(1) and 8(o)(8)(B) (42 U.S.C. 1437d(f)(1), 1437f(o)(8)(B); relating to compliance of units assisted with housing quality standards or other codes). (F) Section 6(k) (42 U.S.C. 1437d(k); relating to grievance procedures for public housing tenants). (G) Section 7 (42 U.S.C. 1437e; relating to designation of housing for elderly and disabled households). (H) Sections 8(ee) and 6(u) (42 U.S.C. 1437f(ee), 1437d(n); relating to records, certification and confidentiality regarding domestic violence). (I) Paragraphs (3) and (4)(i) of section 6(c) and sections 982.552 and 982.553 of the Secretary's regulations (42 U.S.C. 1437d(c) and 24 C.F.R. 982.552, 982.553; relating to rights of applicants). (J) Section 6(l) (42 U.S.C. 1437d(l); relating to public housing lease requirements), except that for units assisted both with program funds and low-income housing tax credits, the initial lease term may be less than 12 months if required to conform lease terms with such tax credit requirements. (K) Subparagraphs (C) through (F) of section 8(o)(7) and section 8(o)(20) (42 U.S.C. 1437f(o); relating to lease requirements and eviction protections for families assisted with tenant-based assistance). (L) Section 8(o)(13)(B) (42 U.S.C. 1437f(o)(13)(B); relating to the 20-percent portfolio cap on the use of voucher funds for project-based vouchers), except as follows: (i) A public housing agency that, pursuant to a Moving to Work agreement in effect on the date of the enactment of this Act, is using or has committed voucher funds as of such date of enactment for project-based vouchers in excess of the 20-percent cap may continue to use such funds in excess of such cap, but not in excess of the percentage in use or committed as of such date of enactment pursuant to such agreement, or as specified in clause (ii), whichever is higher. (ii) A public housing agency may use voucher funds for project-based vouchers in excess of the 20-percent cap, but not to exceed 35 percent, if such use meets one of the following criteria: (I) The project-based vouchers serve homeless or other special needs families, as defined by the Secretary. (II) The project-based vouchers are used in a low-poverty area, as defined by the Secretary. (III) The project-based vouchers are used in connection with a demonstration of a project-based program that is subject to evaluation by the Secretary. (M) Section 8(o)(13)(E) (42 U.S.C. 1437f(o)(13)(E); relating to the ability of families with project-based vouchers to move, using tenant-based vouchers, after 12 months of occupancy), unless the Secretary determines that waiver of such section is necessary to implement transitional or time-limited housing policies subject to evaluation described in paragraph (1) of this section. (N) Section 8(r)(1) (42 U.S.C. 1437f(r)(1); relating to the portability of vouchers). (O) The following requirements applicable to resident councils and jurisdiction-wide resident organizations: (i) Establishment of resident councils and resident organizations under section 20 (42 U.S.C. 1437r). (ii) Minimum amount of public housing agency support for such councils and organizations under section 20. (iii) Involvement of such councils and organizations in public housing agency operations, as authorized under sections 3(c)(2), 6(c)(5)(C), and 9(e) (42 U.S.C. 1437a(c)(2), 1437d(c)(5)(C), 1437g(e)). SEC. 3. ASSESSMENT OF DEMONSTRATION. The Secretary of Housing and Urban Development shall conduct a comprehensive evaluation of the Moving to Work demonstration and, upon completion of the evaluation, submit to the Congress a report-- (1) describing and analyzing the risks and potential benefits of expanding the Moving to Work demonstration program to additional agencies compared to those of maintaining the demonstration program at its current size; and (2) identifying reforms, and selection criteria in case the demonstration program is expanded, that would improve the program's effectiveness in testing innovative policies while minimizing adverse effects on low-income families and ensuring efficient use of Federal funds to meet the most pressing housing needs.", "summary": "Moving to Work Reform Act of 2015 This bill prohibits the Department of Housing and Urban Development (HUD) from entering into or extending any Moving to Work agreement for any public housing agency (PHA) for participation in the Moving to Work Demonstration Program, unless the agreement is subject to specified terms and conditions set forth by this Act for its entire duration. (Under the Moving to Work Demonstration Program up to 30 selected PHAs, including Indian housing authorities, may administer the public or Indian housing program and the Section 8 housing assistance payments program in ways designed to reduce costs and achieve greater cost-effectiveness in federal expenditures, provide incentives for heads of households to become economically self-sufficient, and increase housing choices for lower-income families.) Under such an agreement a PHA: may not establish any new rent policy that raises rent burdens for a significant portion of participating families, or causes specified other results, unless certain conditions are met; may use funds appropriated for renewal of tenant-based rental assistance only for payments assisting eligible families with housing costs; shall receive funding for renewal of tenant-based rental assistance under the same formula applied to nonparticipating PHAs; must provide ongoing housing assistance to substantially the same number of eligible low-income families as it could assist ordinarily but with average cost burdens no higher than those of families assisted under Sections 8 (low-income housing assistance) and 9 (Public Housing Capital and Operating Funds) of the United States Housing Act of 1937; and develop and implement a plan to expand families' access to neighborhoods with low crime, high-performing schools, or other indicators of high opportunity, if a disproportionately low share of PHA-assisted families lives in such neighborhoods. HUD may not waive specified housing-related requirements. HUD must conduct a comprehensive evaluation of the Demonstration Program to: analyze the risks and potential benefits of expanding it to additional agencies; and identify reforms, and selection criteria in case the Demonstration Program is expanded, that would improve its effectiveness in testing innovative policies while minimizing adverse effects on low-income families and ensuring efficient use of federal funds to meet the most pressing housing needs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Reward Innovation in America Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administering entity.--The term ``administering entity'' means an entity with which the Secretary enters into an agreement under section 4(e). (2) Competition.--The term ``competition'' means a competition for an innovation prize under the program described in section 4(a). (3) Innovation prize.--The term ``innovation prize'' means a prize awarded to a participant who wins a competition. (4) Participant.--The term ``participant'' means an individual or entity that participates in a competition. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 3. NATIONAL INNOVATION PRIZES BOARD. (a) Establishment.--There is established in the Department of Commerce a National Innovation Prizes Board (referred to in this Act as the ``Board''). (b) Purposes.--The purposes of the Board are as follows: (1) To develop and administer the program described in section 4(a). (2) To select the research topics for competitions. (3) To establish the rules of the competitions and the criteria for winning innovation prizes. (4) To determine the amount of the innovation prize for each competition. (5) To certify the winners of the competitions. (6) To determine the annual funding requirement for each competition. (c) Membership.-- (1) Number of members.--The Secretary shall determine the number of members of the Board. (2) Chair.--The Secretary, or a designee of the Secretary, shall serve as Chair of the Board. (3) Members.-- (A) From federal agencies.--The Secretary may appoint the heads of Federal agencies to serve as full members of the Board on a permanent basis. (B) Non-federal members.--The Secretary may appoint to the Board individuals who are not officers or employees of the Federal Government and who have national reputations in the private sector, policy sector, or academic institutions. (4) Terms.-- (A) In general.--Except as provided in subparagraph (B), a member of the Board shall serve for a term of 3 years. (B) Initial terms.--The initial terms of members described in paragraph (3)(B) shall be staggered. (5) Vacancies.--A member of the Board described in paragraph (3)(B) appointed to fill a vacancy occurring other than by the expiration of a term shall be appointed for the remainder of the term of the former member. (6) Status.--Except as provided in paragraph (7), a member described in paragraph (3)(B) shall not be deemed to be an officer or employee of the United States for purposes of the laws or regulations of the United States. (7) Travel expenses.--A member described in paragraph (3)(B) shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of the Federal Government under subchapter I of chapter 57 of title 5, United States Code. SEC. 4. INNOVATION PRIZES PROGRAM. (a) In General.--The program described in this subsection means a program of competitions to award innovation prizes to eligible individuals and entities to advance the research, development, and commercial application of innovative technologies. (b) Eligible Individuals and Entities.-- (1) In general.--The term ``eligible individual or entity'' includes an individual, university, or small or large business that complies with the requirements of paragraph (2). (2) Requirements.--An eligible individual or entity-- (A) shall have complied with such eligibility requirements for participation in a competition as the Board may establish and publish in the Federal Register under subsection (d)(2); (B) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States; (C) in the case of an individual, whether participating in the program singly or in a group, shall be a citizen of, or an alien lawfully admitted for permanent residence in, the United States; and (D) may not be-- (i) a Federal entity, such as a federally funded research and development center or a government-owned, contractor-operated laboratory; (ii) a Federal employee acting within the scope of employment; or (iii) an employee of a national laboratory acting within the scope of employment. (3) Consultation with federal employees.--An individual or entity shall not be deemed ineligible under this subsection because such individual or entity used Federal facilities or consulted with Federal employees during a competition if such facilities and employees are made available to all individuals and entities participating in the competition on an equitable basis. (c) Development of Program.-- (1) Plan.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives a plan for implementing the program described in subsection (a) that includes-- (A) a description of how the research topics for competitions and the criteria for awarding the innovation prizes will be determined; (B) the terms and conditions of the competitions; (C) the time frame for the award of innovation prizes; and (D) a description of the plans of the Secretary to partner with nonprofit organizations or Federal agencies to sponsor competitions or to outsource administration of competitions to nonprofit organizations under subsection (e). (2) Innovation prizes.--In developing the plan under paragraph (1), the Secretary shall include the following requirements: (A) Categories.--There shall be 2 categories of innovation prizes as follows: (i) 21st century innovation prizes.--21st Century Innovation Prizes shall be awarded in multiple competitions in different research areas. The amount of each 21st Century Innovation Prize award may not exceed $2,000,000. (ii) Innovate america grand challenge prizes.-- (I) In general.--Innovate America Grand Challenge Prizes shall be awarded in large, highly complex, and expensive competitions that-- (aa) are held every 2 to 4 years; and (bb) address research objectives well beyond the current state of the art and that are intended to become integral to major changes in complex socio-technological systems. (II) Amount of award.--The amount of each Innovate America Grand Challenge Prize award shall be $5,000,000 or more, but not more than $30,000,000. (B) Awards.--The Board shall determine the amount of each innovation prize for each competition and may elect to award only a first place prize or to award first, second, and third place prizes. (d) Advertising and Notice to Participants.-- (1) Advertising.--The Board shall advertise each competition widely to encourage broad participation in each competition, including by individuals, universities (including historically Black colleges and universities and other institutions serving minorities), and large and small businesses (including businesses owned or controlled by socially and economically disadvantaged persons). (2) Federal register notice.--The Board shall announce each competition by publishing in the Federal Register a notice that includes the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the innovation prize, and the criteria for awarding the innovation prize. (e) Administering Competitions.--The Board may enter into an agreement with a private, nonprofit organization to administer competitions. The duties of the administering entity under the agreement shall include-- (1) advertising competitions and the results of competitions; (2) raising funds from private entities and individuals to pay for administrative costs of competitions and to contribute to cash innovation prizes; (3) working with the Board to develop the criteria for selecting winners in competitions, based on goals provided by the Secretary; (4) determining, in consultation with the Board, the appropriate amount of each innovation prize to be awarded; (5) selecting judges for competitions using criteria developed in consultation with the Board; and (6) preventing the unauthorized use or disclosure of the intellectual property, trade secrets, and confidential business information of participants. (f) Funding.-- (1) Funding sources.-- (A) In general.--Innovation prizes awarded under the program described in subsection (a) shall consist of-- (i) funds authorized to be appropriated under section 6; and (ii) any funds raised by the administering entity under subsection (e)(2). (B) Federal agencies.--The Secretary may accept funds from other Federal agencies for innovation prizes. (2) Funding from other entities.-- (A) In general.--The Board is authorized to enter into agreements with other entities, including corporations, nonprofit organizations, and other government agencies, to offer joint innovation prizes if-- (i) the joint innovation prize supports the purposes of this Act; (ii) the entity offering additional funds agrees to deposit the funds into a designated escrow account; and (iii) the Board retains full authority over the competition and the awarding of the cash innovation prizes. (B) Prohibition on special consideration in return for donations.--The Secretary may not give any special consideration to any private sector entity or individual in return for a donation to the administering entity to fund a competition. (3) Announcement of innovation prizes contingent on funding.-- (A) In general.--The Secretary may not publish the notice in the Federal Register required by subsection (d)(2) until all the funds necessary to pay the innovation prize have been appropriated or committed in writing. (B) Increases in amount of innovation prize.--The Secretary may increase the amount of an innovation prize after an initial announcement is made under subsection (d)(2) if-- (i) notice of the increase is published in the Federal Register; and (ii) the funds needed to pay the amount of the increase have been appropriated or committed in writing. (g) Liability.-- (1) Waiver of liability.-- (A) In general.--The Secretary may require participants to waive claims against the Federal Government and the administering entity (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from participation in a competition. (B) Notice.--The Secretary shall give notice of any waiver required under subparagraph (A) in the notice published in the Federal Register under subsection (d)(2). (C) Exception.--The Secretary may not require a participant to waive claims against the administering entity arising out of the unauthorized use or disclosure by the administering entity of the intellectual property, trade secrets, or confidential business information of the participant. (2) Liability insurance.-- (A) Requirements.--A participant shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by-- (i) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out in connection with participation in a competition; and (ii) the Federal Government for damage or loss to Government property resulting from participation in a competition. (B) Federal government insured.--The Federal Government shall be named as an additional insured under an insurance policy required under subparagraph (A). A registered participant shall be required to agree to indemnify the Federal Government against third party claims for damages arising from or related to participation in a competition. (h) Intellectual Property.-- (1) Prohibition on the government acquiring intellectual property rights.--The Federal Government may not gain an interest in intellectual property developed by a participant for a competition. (2) Licenses.--The Federal Government may negotiate a license for the use of intellectual property developed by a participant for a competition. SEC. 5. REPORT. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives a report describing the activities of the program described in section 4(a), including-- (1) a description of the methods used to select the research topics of competitions and the amounts of the innovation prizes; (2) a discussion of the features of competitions that contribute to the success or lack of success of the competitions; (3) the number of participants involved in the competitions; (4) the amount of private funds contributed to the program and the sources of such funds; (5) the effect of the program on public awareness of innovation; and (6) the effect of the program on the public image of the Department of Commerce. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.-- (1) Awards.--There are authorized to be appropriated to the Secretary to carry out the provisions of this Act-- (A) for each of fiscal years 2008 through 2012, $5,000,000 for awards described in section 4(c)(2)(A)(i); and (B) for fiscal year 2008, $30,000,000 for awards described in section 4(c)(2)(A)(ii). (2) Administration.--In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated to the Secretary for each of fiscal years 2008 through 2012 $750,000 for the administrative costs of carrying out this Act. (b) Carryover of Funds.--Funds appropriated to carry out the provisions of this Act shall remain available until expended.", "summary": "Reward Innovation in America Act - Establishes a National Innovation Prizes Board in the Department of Commerce, which shall develop and administer a program of competitions to award innovation prizes to eligible individuals and entities to advance the research, development, and commercial application of innovative technologies. Requires the Secretary of Commerce to submit a plan for implementing such program. Requires that there be two categories of prizes: (1) 21st Century Innovation Prizes, which shall be awarded in multiple competitions in different research areas; and (2) Innovate America Grand Challenge Prizes, which shall be awarded in large, highly complex, and expensive competitions that are held every two to four years and address research objectives well beyond the current state of the art and that are intended to become integral to major changes in complex socio-technological systems. Requires the Board to determine the amount of each prize for each competition. Instructs the Board to: (1) advertise competitions widely to encourage broad participation; and (2) publish notices of competitions in the Federal Register. Authorizes the Board to enter into an agreement with a private, nonprofit organization to administer competitions. Specifies that prizes awarded under the program shall consist of: (1) funds authorized to be appropriated pursuant to this Act; and (2) any funds raised by the administering entity to pay for administrative costs of competitions and to contribute to cash prizes. Requires the Secretary to submit annual reports describing the activities of the program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors' Health Care Plan Protection Act of 2015''. SEC. 2. DELAY IN AUTHORITY TO TERMINATE CONTRACTS FOR MEDICARE ADVANTAGE PLANS FAILING TO ACHIEVE MINIMUM QUALITY RATINGS. (a) Findings.--Consistent with the studies provided under the IMPACT Act of 2014 (Public Law 113-185), it is the intent of Congress-- (1) to continue to study and request input on the effects of socioeconomic status and dual-eligible populations on the Medicare Advantage STARS rating system before reforming such system with the input of stakeholders; and (2) pending the results of such studies and input, to provide for a temporary delay in authority of the Centers for Medicare & Medicaid Services (CMS) to terminate Medicare Advantage plan contracts solely on the basis of performance of plans under the STARS rating system. (b) Delay in MA Contract Termination Authority for Plans Failing To Achieve Minimum Quality Ratings.--Section 1857(h) of the Social Security Act (42 U.S.C. 1395w-27(h)) is amended by adding at the end the following new paragraph: ``(3) Delay in contract termination authority for plans failing to achieve minimum quality rating.--The Secretary may not terminate a contract under this section with respect to the offering of an MA plan by a Medicare Advantage organization solely because the MA plan has failed to achieve a minimum quality rating under the 5-star rating system established under section 1853(o) during the period beginning on the date of the enactment of this paragraph and through the end of plan year 2018.''. SEC. 3. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM. Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w- 23(a)(1)(C)) is amended by adding at the end the following new clauses: ``(iv) Evaluation and subsequent revision of the risk adjustment system to account for chronic conditions and other factors for the purpose of making the risk adjustment system more accurate, transparent, and regularly updated.-- ``(I) Revision based on number of chronic conditions.--The Secretary shall revise for 2017 and periodically thereafter, the risk adjustment system under this subparagraph so that a risk score under such system, with respect to an individual, takes into account the number of chronic conditions with which the individual has been diagnosed. ``(II) Evaluation of different risk adjustment models.--The Secretary shall evaluate the impact of including 2 years of data to compare the models used to determine risk scores for 2013 and 2014 under such system. ``(III) Evaluation and analysis on chronic kidney disease (ckd) codes.-- The Secretary shall evaluate the impact of removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model and conduct an analysis of best practices of MA plans to slow disease progression related to chronic kidney disease. ``(IV) Evaluation and recommendations on use of encounter data.--The Secretary shall evaluate the impact of including 10 percent of encounter data in computing payment for 2016 and the readiness of the Centers for Medicare & Medicaid Services to incorporate encounter data in risk scores. In conducting such evaluation, the Secretary shall use data collected as encounter data on or after January 1, 2012, shall analyze such data for accuracy and completeness and issue recommendations for improving such accuracy and completeness, and shall not increase the percentage of such encounter data used unless the Secretary releases the data publicly, indicates how such data will be weighted in computing the risk scores, and ensures that the data reflects the degree and cost of care coordination under MA plans. ``(V) Conduct of evaluations.-- Evaluations and analyses under subclause (II) through (IV) shall include an actuarial opinion from the Chief Actuary of the Centers for Medicare & Medicaid Services about the reasonableness of the methods, assumptions, and conclusions of such evaluations and analyses. The Secretary shall consult with the Medicare Payment Advisory Commission and accept and consider comments of stakeholders, such as managed care organizations and beneficiary groups, on such evaluation and analyses. The Secretary shall complete such evaluations and analyses in a manner that permits the results to be applied for plan years beginning with the second plan year that begins after the date of the enactment of this clause. ``(VI) Implementation of revisions based on evaluations.--If the Secretary determines, based on such an evaluation or analysis, that revisions to the risk adjustment system to address the matters described in any of subclauses (II) through (IV) would make the risk adjustment system under this subparagraph better reflect and appropriately weight for the population that is served by the plan, the Secretary shall, beginning with 2017, and periodically thereafter, make such revisions. ``(VII) Periodic reporting to congress.--With respect to plan years beginning with 2017 and every third year thereafter, the Secretary shall submit to Congress a report on the most recent revisions (if any) made under this clause, including the evaluations conducted under subclauses (II) through (IV). ``(v) No changes to adjustment factors that prevent activities consistent with national health policy goals.--In making any changes to the adjustment factors, including adjustment for health status under paragraph (3), the Secretary shall ensure that the changes do not prevent Medicare Advantage organizations from performing or undertaking activities that are consistent with national health policy goals, including activities to promote early detection and better care coordination, the use of health risk assessments, care plans, and programs to slow the progression of chronic diseases. ``(vi) Opportunity for review and public comment regarding changes to adjustment factors.--For changes to adjustment factors effective for 2017 and subsequent years, in addition to providing notice of such changes in the announcement under subsection (b)(2), the Secretary shall provide an opportunity for review of proposed changes of not less than 60 days and a public comment period of not less than 30 days before implementing such changes.''. SEC. 4. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE STAR RATING SYSTEM. It is the sense of Congress that-- (1) the Centers for Medicare & Medicaid Services has inadvertently created a star rating system under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w- 23(o)(4)) for Medicare Advantage plans that lacks proper accounting for the socioeconomic status of enrollees in such plans and the extent to which such plans serve individuals who are also eligible for medical assistance under title XIX of such Act; and (2) Congress will work with the Centers for Medicare & Medicaid Services and stakeholders, including beneficiary groups and managed care organizations, to ensure that such rating system properly accounts for the socioeconomic status of enrollees in such plans and the extent to which such plans serve such individuals described in paragraph (1). SEC. 5. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE RISK ADJUSTMENT. It is the sense of Congress that-- (1) the Secretary of Health and Human Services should periodically monitor and improve the Medicare Advantage risk adjustment model to ensure that it accurately accounts for beneficiary risk, including for those individuals with complex chronic comorbid conditions; (2) the Secretary should closely examine the current Medicare Advantage risk adjustment methodology to ensure that plans enrolling beneficiaries with the greatest health care needs receive adequate reimbursement to deliver high-quality care and other services to help beneficiaries avoid costly complications and further progression of chronic conditions and to the extent data indicate this to be the case, the Secretary should make necessary adjustment to the risk adjustment methodology; and (3) the Secretary should reconsider the implementation of changes in the Medicare Advantage risk adjustment methodology finalized for 2016 and to use to the extent appropriate the methodology finalized in 2015 for one additional year. Passed the House of Representatives June 17, 2015. Attest: KAREN L. HAAS, Clerk.", "summary": "Senior's Health Care Plan Protection Act of 2015 (Sec. 2) It is the intent of Congress to: (1) continue to study and request input on the effects of socioeconomic status and dual-eligible populations on the five-star quality rating system for Medicare Advantage (MA) plans before reforming it, and, pending study and input results, (2) delay Centers for Medicare & Medicaid (CMS) authority to terminate MA plan contracts solely on the basis of performance under the five-star rating system. The Department of Health and Human Services (HHS) may not, through the end of plan year 2018, terminate a contract with respect to the offering of an MA plan by an MA organization solely because the plan has failed to achieve a minimum quality rating under the five-star rating system. (Sec. 3) This bill amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSAct) to direct HHS (in effect, CMS) to revise for 2017, and periodically afterwards, the system for risk adjustments to payments to Medicare+Choice organizations so that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. HHS must, including an actuarial opinion of the CMS Chief Actuary, evaluate the impacts of: including two years of data to compare the models used to determine the risk scores for 2013 and 2014, removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model, and including 10% of encounter data in computing payment for 2016 and CMS readiness to incorporate encounter data in risk scores. HHS shall also analyze the best practices of MA plans to slow disease progression related to chronic kidney disease. HHS shall then, if appropriate, make revisions to the risk adjustment system, based on such an evaluation or analysis, to better reflect and appropriately weight for the population served. (Sec. 4) Congress declares that: the five-star quality rating system for MA plans lacks proper accounting for the socioeconomic status of plan enrollees and the extent to which those plans serve individuals also eligible for medical assistance under SSAct title XIX (Medicaid); and Congress will work with CMS and stakeholders, including beneficiary groups and managed care organizations, to ensure that the five-star quality rating system for MA plans properly accounts for the socioeconomic status of plan enrollees and the extent to which plans serve them. (Sec. 5) It is also the sense of Congress that HHS should: periodically monitor and improve the risk adjustment model for payments to MA organizations to ensure that it accurately accounts for beneficiary risk; closely examine and adjust as necessary the current MA risk adjustment methodology to ensure that plans enrolling beneficiaries with the greatest health care needs receive adequate reimbursement to deliver high-quality care and other services to help beneficiaries avoid costly complications and further progression of chronic conditions; and reconsider the implementation of changes in the MA risk adjustment methodology finalized for 2016 and, to the extent appropriate, use the risk methodology finalized in 2015 for one additional year."}
{"article": "SECTION 1. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES. (a) Brazil.--The Secretary of the Navy is authorized to transfer to the Government of Brazil the ``THOMASTON'' class dock landing ships ALAMO (LSD 33) and HERMITAGE (LSD 34), and the ``GARCIA'' class frigates BRADLEY (FF 1041), DAVIDSON (FF 1045), SAMPLE (FF 1048), and ALBERT DAVID (FF 1050). Such transfers shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (b) Dominican Republic.--The Secretary of the Navy is authorized to transfer to the Government of the Dominican Republic the medium auxiliary floating dry dock AFDM 2. Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (c) Ecuador.--The Secretary of the Navy is authorized to transfer to the Government of Ecuador the ``OAK RIDGE'' class medium auxiliary repair dry dock ALAMOGORDO (ARDM 2). Such transfer shall be on a sales basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (d) Egypt.--The Secretary of the Navy is authorized to transfer to the Government of Egypt the ``NEWPORT'' class tank landing ships BARBOUR COUNTY (LST 1195) and PEORIA (LST 1183). Such transfers shall be on a sales basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (e) Greece.--(1) The Secretary of the Navy is authorized to transfer to the Government of Greece the ``KNOX'' class frigate CONNOLE (FF 1056). Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (2) The Secretary of the Navy is authorized to transfer to the Government of Greece the medium auxiliary floating dry dock COMPETENT (AFDM 6). Such transfer shall be on a sales basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (f) Mexico.--The Secretary of the Navy is authorized to transfer to the Government of Mexico the ``NEWPORT'' class tank landing ship NEWPORT (LST 1179) and the ``KNOX'' class frigate WHIPPLE (FF 1062). Such transfers shall be on a sales basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (g) Poland.--The Secretary of the Navy is authorized to transfer to the Government of Poland the ``OLIVER HAZARD PERRY'' class guided missile frigate CLARK (FFG 11). Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (h) Taiwan.--The Secretary of the Navy is authorized to transfer to the Taipei Economic and Cultural Representative Office in the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act) the ``NEWPORT'' class tank landing ship SCHENECTADY (LST 1185). Such transfer shall be on a sales basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (i) Thailand.--The Secretary of the Navy is authorized to transfer to the Government of Thailand the ``KNOX'' class frigate TRUETT (FF 1095). Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (j) Turkey.--The Secretary of the Navy is authorized to transfer to the Government of Turkey the ``OLIVER HAZARD PERRY'' class guided missile frigates FLATLEY (FFG 21) and JOHN A. MOORE (FFG 19). Such transfers shall be on a sales basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). SEC. 2. INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON VALUE OF TRANSFERRED EXCESS DEFENSE ARTICLES. The value of a vessel transferred to another country on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided by section 1 of this Act shall not be counted for the purposes of section 516(g) of the Foreign Assistance Act of 1961 in the aggregate value of excess defense articles transferred to countries under that section in any fiscal year. SEC. 3. COSTS OF TRANSFERS. Any expense incurred by the United States in connection with a transfer of a vessel authorized by section 1 of this Act shall be charged to the recipient. SEC. 4. EXPIRATION OF AUTHORITY. The authority to transfer vessels under section 1 of this Act shall expire at the end of the 2-year period beginning on the date of the enactment of this Act. SEC. 5. REPAIR AND REFURBISHMENT OF VESSELS IN UNITED STATES SHIPYARDS. The Secretary of the Navy shall require, to the maximum extent possible, as a condition of a transfer of a vessel under this Act, that the country to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that country, performed at a shipyard located in the United States, including a United States Navy shipyard. SEC. 6. SENSE OF CONGRESS RELATING TO TRANSFER OF NAVAL VESSELS AND AIRCRAFT TO THE GOVERNMENT OF THE PHILIPPINES. (a) Sense of Congress.--It is the sense of the Congress that-- (1) the President should transfer to the Government of the Philippines, on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), the excess defense articles described in subsection (b); and (2) the United States should not oppose the transfer of F-5 aircraft by a third country to the Government of the Philippines. (b) Excess Defense Articles.--The excess defense articles described in this subsection are the following: (1) UH-1 helicopters, A-4 aircraft, and the ``POINT'' class Coast Guard cutter POINT EVANS. (2) Amphibious landing craft, naval patrol vessels (including patrol vessels of the Coast Guard), and other naval vessels (such as frigates), if such vessels are available.", "summary": "Authorizes the Secretary of the Navy to transfer certain naval vessels to: (1) Brazil; (2) the Dominican Republic; (3) Ecuador; (4) Egypt; (5) Greece; (6) Mexico; (7) Poland; (8) Taiwan; (9) Thailand; and (10) Turkey. Declares that the value of such transferred vessels shall not be counted for the limitation on the aggregate value of excess defense articles that can be transferred to such a country in any fiscal year. Directs the Secretary, to the maximum extent possible, to require recipient countries, as a condition of transfer, to have such vessels repaired or refurbished at U.S. shipyards, including a U.S. Navy shipyard. Expresses the sense of Congress that: (1) the President should transfer on a grant basis certain excess aircraft and naval vessels to the Government of the Philippines; and (2) the United States should not oppose the transfer of F-5 aircraft by a third country to such Government."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Firefighter and EMS Support Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Volunteer firefighters and emergency medical services personnel are a vital component of the first responders across the United States. (2) The 800,000 volunteer firefighters and emergency medical service personnel in the United States save lives and property everyday. (3) The national financial savings resulting from volunteer firefighting and emergency medical services has been calculated at more than $37,000,000,000 each year. (4) Many volunteer fire stations and emergency medical services organizations in the United States face growing challenges as volunteers contend with increased competition for their time from their jobs, families, and other responsibilities. (5) Some State and local governments provide financial incentives to volunteer firefighters and emergency medical services personnel, such as retirement benefits and tuition assistance. Unfortunately, many communities that rely on volunteer firefighters and emergency medical services personnel, especially rural and low-income communities, do not have the resources to provide such incentives. (6) There is an important role for the Federal Government and the Administrator of the United States Fire Administration in supporting volunteer firefighters and emergency medical services personnel, including providing funds to contribute to incentives for the recruitment and retention of volunteers. SEC. 3. ASSISTANCE FOR VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL SERVICES PERSONNEL. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by inserting after section 33 the following new section: ``SEC. 33A. ASSISTANCE FOR VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL SERVICES PERSONNEL. ``(a) Establishment.--The Secretary shall establish a program to provide funds to a State or local government, non-profit firefighter association, or governmental or nongovernmental emergency medical services organization, that carries out a volunteer firefighter incentive program in accordance with the provisions of this section. ``(b) Definitions.--In this section: ``(1) Approved benefit or incentive.--The term `approved benefit or incentive' means a benefit or incentive that has been approved by the Administrator and is provided to a volunteer firefighter, including-- ``(A) a retirement benefit; ``(B) reimbursement for travel and training; ``(C) health insurance or other health benefits; ``(D) life insurance; ``(E) tuition or school loan forgiveness; ``(F) a tax reduction; and ``(G) any other benefit or incentive approved by the Administrator. ``(2) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(3) Volunteer firefighter.--The term `volunteer firefighter' means an individual who provides firefighting service or emergency medical service to a State or local government or a governmental or nongovernmental organization without pay. A volunteer firefighter may receive benefits or incentives for firefighting service or emergency medical service, including benefits and incentives described in subparagraphs (A) through (G) of paragraph (1). ``(4) Volunteer firefighter incentive program.--The term `volunteer firefighter incentive program' means a program carried out by a State or local government, a non-profit firefighter association, or a governmental or nongovernmental emergency medical services organization to provide approved benefits or incentives. ``(c) Matching Payments to States.-- ``(1) Requirement.--For each fiscal year in which a State or local government, non-profit firefighter association, or governmental or nongovernmental emergency medical services organization carries out a volunteer firefighter incentive program, the Secretary shall pay such government, association, or organization, out of any money in the Treasury not otherwise appropriated for such fiscal year, an amount equal to the total amount of expenditures of funds not received from the Federal Government made by such government, association, or organization for such fiscal year to carry out the volunteer firefighter incentive program. ``(2) Entitlement.--Paragraph (1) constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide payment to a State or local government, non-profit firefighter association, or governmental or nongovernmental emergency medical services organization of any amount provided for under such paragraph. ``(d) Regulations.--The Secretary shall prescribe regulations to carry out this section. ``(e) Reports.-- ``(1) Reports from recipients.--A State or local government, non-profit firefighter association, or governmental or nongovernmental emergency medical service organization that receives funds under this section to carry out a volunteer firefighter incentive program for a fiscal year shall submit to the Secretary a report on-- ``(A) the use of such funds; and ``(B) the programs to recruit or retain volunteer firefighters carried out by the government, association, or organization during that fiscal year. ``(2) Reports from the secretary.--Not later than 1 year after the date of the enactment of the Volunteer Firefighter and EMS Support Act of 2008, and annually thereafter, the Secretary shall submit to Congress a report on-- ``(A) the activities carried out under this section during the previous year; and ``(B) the status of programs to recruit and retain volunteer firefighters in the United States.''.", "summary": "Volunteer Firefighter and EMS Support Act of 2008 - Amends the Federal Fire Prevention and Control Act of 1974 to direct the Secretary of Homeland Security to establish a program to provide funds to a state or local government, nonprofit firefighter association, or governmental or nongovernmental emergency medical services (EMS) organization, that carries out a volunteer firefighter incentive program in accordance with this Act. Directs the Secretary, for each fiscal year in which a state or local government, nonprofit firefighter association, or governmental or nongovernmental EMS organization carries out a volunteer firefighter incentive program, to pay such government, association, or organization (organization), out of any money in the Treasury not otherwise appropriated for such fiscal year, a sum equal to the total expenditures of funds not received from the federal government made by such organization for that fiscal year to carry out the program. Declares that this constitutes budget authority in advance of appropriations Acts and represents the obligation of the federal government to provide payment to a state or local government, nonprofit firefighter association, or governmental or nongovernmental EMS organization any amount so provided. Requires reports from recipients, and from the Secretary annually, to Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Roosevelt Lake Recreation Area Fee Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Roosevelt Lake Recreation Area in the Tonto National Forest in the State of Arizona is changing as a result of drastically increasing population in the communities near the recreation area and modifications in Roosevelt Dam. (2) The current annual funding of $300,000 for the recreation area does not allow for even minimal maintenance and operation of the newly emerging $40,000,000 recreational area. (3) The anticipated number of persons using the facilities of the recreation area requires additional funding to provide minimum sanitary and safety related service at the recreation area as well as management of the environment and riparian areas. (4) The quality of services provided at the recreation area and the integrity of the environment could best be served by maintaining public, rather than private, management of the recreation area. (5) The users of units of the National Forest System have demonstrated a willingness to pay a user fee for maintenance and operation if the locally collected funds are returned to the unit. (b) Purpose.--It is the purpose of this Act to use funds generated from fees charged in connection with the recreational use of the Roosevelt Lake Recreational Area-- (1) to assure adequate funding of maintenance and operation of the recreation area; (2) to provide additional funding to the county in which the recreation area is located, enabling the county to increase investment in facilities and services related to public safety, sanitation, and the recreational environment; and (3) to allow increased funding for the protection of the bald eagle nesting areas, the Canadian geese wintering grounds, and the Roosevelt Lake wildlife refuges at the recreation area. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Recreation area.--The term ``recreation area'' means the Roosevelt Lake Recreation Area in the Tonto National Forest in the State of Arizona. (2) Recreation site.--The term ``recreation site'' means a campground, picnic ground, swimming site, boat launch site, lake access site, or other man-made or natural recreational facility in the recreation area. (3) Recreation use fee; fee.--The terms ``recreation use fee'' or ``fee'' mean a fee that is charged for the use of a recreation site in the recreation area. (4) Recreation use pass.--The term ``recreation use pass'' means a document that entitles the holder access and use of recreation sites in the recreation area for a specified period of time. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. TEMPORARY AUTHORITY TO COLLECT RECREATION USE FEES. (a) Recreation Use Fee Authorized.--Except as provided in subsection (b), the Secretary may establish and collect recreation use fees at designated recreation sites within the recreation area. (b) Exceptions.--The Secretary may not impose or collect a recreation use fee for the use or provision in the recreation area, either singly or in any combination, of drinking water, wayside exhibits, toilet facilities, general purpose roads, overlook sites, or general information. The Secretary may not impose or collect a fee from any officer or employee of the Federal Government or State or local government authorized by the Secretary to perform administrative duties at recreation sites in the recreation area. (c) Establishment and Collection.--Establishment and collection of recreation use fees shall be made in accordance with subsections (d) and (e) of section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a). The Secretary may authorize the collection of fees by volunteers in accordance with subsection (k) of such section. (d) Golden Age Passport and Golden Access Passport.--Any person holding a valid Golden Age Passport or Golden Access Passport issued under paragraph (4) or (5) of section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled upon presentation of such passport to use a recreation site within the recreation area at a rate equal to 50 percent of the recreation use fee otherwise applicable to such recreation site. (e) Effect on Other Laws.--Recreation use fees established under this section for use of recreation sites in the recreation area shall be in lieu of any recreation use fees for such recreation sites under section 4(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) or section 1401 of the Omnibus Budget Reconciliation Act of 1993 (16 U.S.C. 460l-6c). SEC. 5. TEMPORARY AUTHORITY TO SELL RECREATION USE PASSES. (a) Recreation Use Pass Authorized.--The Secretary shall make available for purchase recreation use passes for the use on a daily or annual basis of recreation sites in the recreation area otherwise subject to a recreation use fee. Use of an annual recreation use pass shall be subject to any single stay time limits imposed on the recreation site. (b) Availability.--The Secretary may have recreation use passes available for sale at any recreation site for which a recreation use fee is charged or at other convenient locations. (c) Use of Pass.--The recreation use pass shall apply to-- (1) the pass holder and any person accompanying the pass holder in a single, private, noncommercial vehicle; or (2) the pass holder and the spouse, children, and parents of the pass holder accompanying the pass holder where entry to a recreation site is by any means other than a private, noncommercial vehicle. (d) Golden Age Passport and Golden Access Passport.--Any person holding a valid Golden Age Passport or Golden Access Passport issued under paragraph (4) or (5) of section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled upon presentation of such passport to purchase of a recreation use pass for the recreation area at a rate equal to 50 percent of the purchase price otherwise applicable to the recreation use pass. (e) Rules and Regulations, Enforcement Powers.--Recreation use passes sold under this section shall be nontransferable. The unlawful use of a recreation use pass shall be punishable in accordance with regulations established under section 4(e) of the Land and Water Conservation Fund Act of 1964 (16 U.S.C. 460l-6a(e)). SEC. 6. TERMINATION OF AUTHORITY. (a) Termination.--The authority of the Secretary to establish or collect fees under section 4 or sell recreation use passes under section 5 shall expire at the end of the seven-year period beginning on the date of the enactment of this Act. Termination of such authority shall not affect the validity of any annual recreation use pass sold under section 5 before that date. (b) Report.--Not later than six years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report evaluating the authority provided by sections 4 and 5 regarding recreation use fees and recreation use passes. The report shall include any recommendations of the Secretary for modifying the authority, for extending the authority beyond the date specified in subsection (a), or for extending the authority to other units of the National Forest System. SEC. 7. DISPOSITION OF RECREATION USE FEES AND FUNDS FROM SALES OF RECREATION USE PASSES. (a) Deposit of Funds.--Notwithstanding paragraphs (1), (2), or (3) of section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)), recreation use fees collected under section 4 and amounts received from sales of recreation use passes under section 5 shall be deposited in a special account in the Treasury. (b) Use of Funds.-- (1) Operation, maintenance, and other uses.--In such amounts as are provided in advance in appropriation Acts, the Secretary may use amounts in the special account to provide supplemental funds for operation, maintenance, and management of recreation sites within the recreation area, for interpretation and management of resources in the recreation area, and for administrative costs associated with such activities. (2) Payments to states and counties.--Recreation use fees collected under section 4 and amounts received for recreation use passes sold under section 5 shall be considered as money received for purpose of computing and distributing payments to States and counties pursuant to the Act of May 23, 1908 (16 U.S.C. 500). (c) Roads and Trails.--Recreation use fees collected under section 4 and amounts received for recreation use passes sold under section 5 shall not be considered as money received for purpose of the fourteenth paragraph under the heading ``forest service'' of the Act of March 4, 1913 (16 U.S.C. 501).", "summary": "Roosevelt Lake Recreation Area Fee Act - Authorizes the Secretary of Agriculture to establish and collect recreation use fees and to sell recreation use passes at designated recreation sites within the Roosevelt Lake Recreation Area in the Tonto National Forest, Arizona. Prohibits the Secretary from: (1) collecting such fees for the use or provision in the Area of drinking water, wayside exhibits, toilet facilities, general purpose roads, overlook sites, or general information; or (2) imposing or collecting a fee from Federal, State, or local officers or employees authorized by the Secretary to perform administrative duties at recreation sites in the Area. Entitles holders of valid Golden Age Passports or Golden Access Passports to use a recreation site within the Area for half the applicable recreation use fee. Provides that such fees shall be in lieu of any recreation use fee. Provides that such fees shall be lieu of any recreation use fees for such sites under the Land and Water Conservation Fund Act of 1965 or the Omnibus Budget Reconciliation Act of 1993. (Sec. 6) Terminates the authority of the Secretary to establish and collect fees or to sell such passes at the end of the seven-year period beginning on the enactment of this Act. Requires the Secretary to report to specified congressional committees regarding modifying or extending the authority to sell recreation use fees and passes. (Sec. 7) Requires the funds received from recreation use fees and passes sold to be deposited in a special account in the Treasury. Permits Fund amounts to be used for: (1) operation, maintenance, and management of recreation sites within the Area; (2) interpretation and management of the Area's resources; and (3) administrative costs associated with such activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Illegal Radio Abuse Through Enforcement Act'' or the ``PIRATE Act''. SEC. 2. PIRATE RADIO ENFORCEMENT ENHANCEMENTS. Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.) is amended by adding at the end the following new section: ``SEC. 511. ENHANCED PENALTIES FOR PIRATE RADIO BROADCASTING; ENFORCEMENT SWEEPS; REPORTING. ``(a) Increased General Penalty.--Any person who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting shall be subject to a fine of not more than $2,000,000. ``(b) Violation of This Act, Rules, or Regulations.--Any person who willfully and knowingly violates this Act or any rule, regulation, restriction, or condition made or imposed by the Commission under authority of this Act, or any rule, regulation, restriction, or condition made or imposed by any international radio or wire communications treaty or convention, or regulations annexed thereto, to which the United States is or may hereafter become party, relating to pirate radio broadcasting shall, in addition to any other penalties provided by law, be subject to a fine of not more than $100,000 for each day during which such offense occurs, in accordance with the limit described in subsection (a). ``(c) Facilitation.--Any person who knowingly and intentionally facilitates pirate radio broadcasting shall be subject to a fine of not more than $2,000,000. ``(d) Annual Report.--Not later than 1 year after the date of enactment of the PIRATE Act, and annually thereafter, the Commission shall submit to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation a report summarizing the implementation of this section and associated enforcement activities for the previous fiscal year, which may include the efforts by the Commission to enlist the cooperation of Federal, State, and local law enforcement personnel (including United States Attorneys and the United States Marshals Service) for service of process, collection of fines or forfeitures, seizures of equipment, and enforcement of orders. ``(e) Enforcement Sweeps.-- ``(1) Annual sweeps.--Not less than once each year, the Commission shall assign appropriate enforcement personnel to focus specific and sustained attention on the elimination of pirate radio broadcasting within the top five radio markets identified as prevalent for such broadcasts. Such effort shall include identifying, locating, and taking enforcement actions designed to terminate such operations. ``(2) Additional monitoring.--Within 6 months after conducting the enforcement sweeps required by paragraph (1), the Commission shall conduct monitoring sweeps to ascertain whether the pirate radio broadcasting identified by enforcement sweeps is continuing to broadcast and whether additional pirate radio broadcasting is occurring. ``(3) No effect on remaining enforcement.--Notwithstanding paragraph (1), the Commission shall not decrease or diminish the regular enforcement efforts targeted to pirate radio broadcast stations for other times of the year. ``(f) State and Local Government Authority.--The Commission may not preempt any State or local law prohibiting pirate radio broadcasting. ``(g) Revision of Commission Rules Required.--The Commission shall revise its rules to require that, absent good cause, in any case alleging a violation of subsection (a) or (b), the Commission shall proceed directly to issue a `Notice of Apparent Liability' without first issuing a `Notice of Unlicensed Operations'. ``(h) Pirate Radio Broadcasting Database.-- ``(1) In general.--Not later than 90 days after the date of the enactment of this section, and semi-annually thereafter, the Commission shall publish a database in a clear and legible format of all licensed radio stations operating in the AM and FM bands. The database shall be easily accessible from the Commission home page through a direct link. The database shall include the following information: ``(A) Each licensed station, listed by the assigned frequency, channel number, or Commission call letters. ``(B) All entities that have received a Notice of Unlicensed Operation, Notice of Apparent Liability, or Forfeiture Order by the Commission. ``(2) Clear identification.--The Commission shall clearly identify in the database-- ``(A) each licensed station as a station licensed by the Commission; and ``(B) each entity described in paragraph (1)(B) as operating without a Commission license or authorization. ``(i) Definitions.--In this section: ``(1) Pirate radio broadcasting.--The term `pirate radio broadcasting' means the transmission of communications on spectrum frequencies between 535 to 1705 kHz or 87.7 to 108 MHz without a license issued by the Federal Communications Commission, but does not include unlicensed operations in compliance with part 15 of title 47, Code of Federal Regulations. ``(2) Facilitates.--The term `facilitates' means providing access to property (and improvements thereon) or providing physical goods or services, including providing housing, facilities, or financing, that directly aid pirate radio broadcasting. ``(3) Knowingly and intentionally.--The term `knowingly and intentionally' means the person was previously served by the Commission with a notice of unlicensed operations, notice of apparent liability, or citation for efforts to facilitate pirate radio broadcasting.''. SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to be appropriated to carry out this Act or the amendment made by this Act. This Act and the amendment made by this Act shall be carried out using amounts otherwise authorized. Passed the House of Representatives July 23, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Preventing Illegal Radio Abuse Through Enforcement Act or the PIRATE Act (Sec. 2) This bill amends the Communications Act of 1934 to address unlicensed radio broadcasting (called \"pirating\"), including: increasing the fine for a pirate radio broadcasting violation to not more than $2 million, imposing a fine of up to $100,000 per day for pirating violations subject to the $2 million limit, and establishing a fine of up to $2 million for any person who facilitates pirate radio broadcasting (\"facilitating\" includes providing access to property or providing physical goods or services).    The FCC must: (1) annually report to Congress summarizing implementation of this bill and associated enforcement activities for the previous fiscal year; and (2) at least once a year, assign appropriate enforcement personnel to focus specific and sustained attention on the elimination of pirate radio broadcasting within the top five radio markets. The FCC may not preempt any state or local law prohibiting pirate radio broadcasting. The FCC shall: (1) revise its rules to require that, absent good cause, in any case alleging a violation, it shall proceed directly to issue a Notice of Apparent Liability without first issuing a Notice of Unlicensed Operations; and (2) publish a database of all licensed radio stations operating in the AM and FM bands, which shall be easily accessible from the FCC home page, identifying each licensed station and all entities that have received a Notice of Unlicensed Operation, Notice of Apparent Liability, or Forfeiture Order by the FCC. (Sec. 3) No additional funds are authorized to carry out this bill."}
{"article": "SECTION 1. FINDINGS. Congress finds the following: (1) Since 1948, the United States, Greece, and the international community at large have recognized Israel's right to exist and to defend itself and conduct legitimate self- defense. (2) Since 2001, Hamas, the Palestinian Islamic Jihad and the other Palestinian terrorist organizations operating in the Gaza Strip and supported by Iran and Syria have launched over 10,000 rockets into Israeli civilian populations and across Israeli territory. (3) Since the beginning of 2010, Israel has provided over 100,000 tons of aid to the people living in Gaza. (4) Israel's blockade is acknowledged by the United States as necessary and legal given Hamas' control of Gaza, intention to secure greater weaponry for aggressive purposes and open desire to destroy Israel. (5) According to sources, the United Nations-commissioned Palmer Report which was released on July 7, 2011, concludes that the Israeli naval blockade on Gaza is legal and is in accordance with international law. (6) The Israeli Government has repeatedly indicated that any desire to provide humanitarian materiel to Gaza can be done through the port of Ashdod then delivered to Gaza by land. (7) Recent past history has suggested that the sole intent of the flotillas is to provoke an Israeli military response in the international waters of the eastern Mediterranean Sea. (8) The Central Intelligence Agency and the Department of the Treasury have determined that flotilla organizers Free Gaza and the Insan Hak ve Hurriyetleri ve Insani Yardim Vakfi (IHH), an Islamic nongovernmental organization (known in English as the Foundation for Human Rights and Freedoms and Humanitarian Relief), have known terrorist ties. (9) In 2010, IHH organized a flotilla that included the ship Mavi Marmara carrying 40 IHH members, including Fatima Mahmadi, Ken O'Keefe, Hassan Iynasi, Hussein Urosh, Ahmad Umimon, and others with known links to Al Qaeda, Hamas, and other terrorist organizations who were armed with 100 metal rods, 200 knives, 150 military self-defense vests, 50 wooden clubs, gas masks, and a telescopic sight for a gun. (10) The explicit objective of the Gaza Flotilla organizers that set sail in 2010 was to breach Israel's coastal security by breaking the lawful and legitimate Israeli maritime security perimeter around the Gaza Strip. (11) According to a June 7, 2010, report by the Intelligence and Terrorism Information Center (known by its Hebrew acronym MALAM), based on security interviews of the Gaza Flotilla participants, at least 40 of the 500 passengers aboard the Mavi Marmara vessel were IHH operatives who boarded the ship in an Istanbul port prior to the security checks conducted at the port in Antalya, Turkey, to which the other passengers, mostly humanitarian volunteers, were subject. (12) According to this Intelligence and Terrorism Information Center report, these IHH activists were equipped with communications equipment, flak jackets, and gas masks. (13) The group operated with a clear internal hierarchy, with specific activists nominated as fighting commanders and who turned the upper deck of the Mavi Marmara into its headquarters, blocking it off to other passengers. (14) In the most recent organization of a Gaza flotilla, Greece worked with the Israeli Government in order to prohibit any violations of Israel's legal blockade of Gaza. (15) Greece has proven itself to be a strategic partner and ally of the United States in anchoring political stability and advancing economic development in the Balkan and Black Sea regions of southeast Europe and Eurasia, in the Middle East and northern Africa, and throughout the eastern Mediterranean Sea. (16) Greece is an active participant in peacekeeping and peace-building operations conducted by international organizations, including the United Nations, the North Atlantic Treaty Organization (NATO), the European Union (EU), and the Organization for Security and Cooperation in Europe (OSCE). (17) Greece acted without hesitation in prohibiting any Greek-flagged or foreign-flagged vessels from setting sail out of Greek ports into the water of the Gaza naval blockade. (18) Pursuant to a decision by the Minister of Citizen Protection, Mr. C. Papoutsis, the departure of ships with Greek and foreign flags from Greek ports to Gaza was prohibited on July 1, 2011, and the Hellenic Coast Guard ordered that all appropriate measures be taken for the implementation of such decision. (19) The Greek Government worked diligently to ensure the safety of even the organizers of the flotilla knowing that their reckless, irresponsible, and provocative acts against a sovereign country engaged in self-defense could result in great bodily harm or even death to themselves and other individuals. (20) The Greek Government took more extraordinary measures to ensure that the broader maritime area of the eastern Mediterranean Sea would be continuously monitored by electronic means for tracking, where applicable, the movements of the ships allegedly participating in such an illegal campaign. (21) Greek authorities boarded ships and took into custody several individuals, including Captain John Klusmire of the ship Audacity of Hope as it violated Greek Coast Guard orders by setting sail without permission. (22) Greek authorities acted in accordance with the recommendation of the Quartet--the United States, the European Union, the United States and Russia--as it urged countries to prohibit Gaza-bound flotillas that would serve solely to escalate tension in the Middle East. SEC. 2. DECLARATION OF CONGRESS. Congress-- (1) notes the important role that Greece has played in the wider European, Eurasian, and Middle Eastern regions, and in the community of nations by promoting, peace, freedom, democracy, and security; and (2) stands behind Israel for its sovereign right to defend its citizens and its territory, and specifically for its actions to prevent the import of offensive weaponry into the hands of Hamas, Palestinian Jihad, and other terrorist organizations in the Gaza Strip. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the United States should take appropriate diplomatic steps to express gratitude to Greece for upholding the rule of law in preventing hostile forces from violating a legal naval blockade of Gaza by Israel and thereby advancing the security of its ally Israel. SEC. 4. REPORT. (a) In General.--Not later than six months after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on whether any support organization that participated in the planning or execution of the recent Gaza flotilla attempt should be designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (b) Contents.--The report required under subsection (a) shall include information on the following: (1) The sources of any logistical, technical, or financial support for the Gaza flotilla ships, including the Audacity of Hope, that were set to set sail from Greece on July 1, 2011. (2) Any actions taken by the Department of State to express support and gratitude for the principled stance taken by the Government of Greece to prevent the recent Gaza flotilla attempt to violate Israel's lawful blockade of Gaza.", "summary": "Expresses the sense of Congress that the United States should take diplomatic steps to express gratitude to Greece for upholding the rule of law in preventing hostile forces from violating a legal naval blockade of Gaza by Israel and thereby advancing the security of its ally Israel. Directs the Secretary of State to report to Congress on whether any support organization that participated in the planning or execution of the recent Gaza flotilla attempt should be designated as a foreign terrorist organization."}
{"article": "SECTION 1. EXTERNAL REGULATION OF DEPARTMENT. (a) Elimination of Department Authority.--Effective 2 years after the date of enactment of this Act, the Department shall have no regulatory or enforcement authority with respect to nuclear safety and occupational safety and health responsibilities assumed by the Nuclear Regulatory Commission under subsection (b) or by the Occupational Safety and Health Administration under subsection (c) at any nonmilitary energy laboratory owned or operated by the Department. (b) Nuclear Regulatory Commission Authority.-- (1) Nuclear safety regulatory and enforcement responsibilities.--Effective 2 years after the date of enactment of this Act, the Nuclear Regulatory Commission shall assume the nuclear safety regulatory and enforcement responsibilities of the Department under the Atomic Energy Act of 1954 with regard to nonmilitary energy laboratories owned or operated by the Department. (2) Licensed entities.--For the purposes of carrying out at nonmilitary energy laboratories owned or operated by the Department regulatory and enforcement responsibilities described in paragraph (1), the Nuclear Regulatory Commission may regulate, through licensing, certification, or other appropriate means, the Department's contractors. (3) Decommissioning.--A contractor operating a nonmilitary energy laboratory owned by the Department shall not be responsible for the costs of decommissioning that facility. No enforcement action may be taken against such contractor for any violation of Nuclear Regulatory Commission decommissioning requirements, if such violation is the result of a failure of the Department to authorize or fund decommissioning activities. The Nuclear Regulatory Commission and the Department shall, not later than 1 year after the date of enactment of this Act, enter into a memorandum of understanding establishing decommissioning procedures and requirements for nonmilitary energy laboratories owned or operated by the Department. (4) Accelerators.--Notwithstanding the provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et. seq.), effective 2 years after the date of enactment of this Act, the Nuclear Regulatory Commission shall have exclusive regulatory authority over accelerators, other electronic sources of radiation not assigned to the Commission as of the date of enactment of this Act, accelerator-produced radioisotopes, and naturally occurring radioactive materials at nonmilitary energy laboratories, consistent with the authorities granted the Nuclear Regulatory Commission in the Atomic Energy Act of 1954. Until such time as the Commission has completed a rulemaking for the foregoing equipment and radioisotopes, nonmilitary energy laboratories shall be required to meet the requirements stipulated in a license for the facility. (5) Administration.--The responsibilities assumed by the Nuclear Regulatory Commission under this subsection shall be administered by the Nuclear Regulatory Commission, not by States. (6) Judicial review.--Section 189 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(b)) is amended by adding the following paragraph after paragraph (4): ``(5) Any final order or regulation of the Commission establishing standards to govern nonmilitary energy laboratories owned or operated by the Department of Energy that is issued to implement the Commission's responsibilities under the Act which enacted this paragraph, and any final determination of the Commission relating to whether a nonmilitary energy laboratory owned or operated by the Department is in compliance with such standards and all applicable Commission regulations or orders.''. (7) Employee protection.--Any Department contractor operating a nonmilitary energy laboratory that is regulated by the Nuclear Regulatory Commission under this section shall be subject to section 211 of the Energy Reorganization Act of 1974 (42 U.S.C. 5851) to the same extent as any other employer subject to such section 211. (8) Conflict of interest.--Section 170A of the Atomic Energy Act of 1954 (42 U.S.C. 2210a) applies to contracts, agreements, or other arrangements of the Nuclear Regulatory Commission proposed or entered into pursuant to its responsibilities assumed under this subsection. (c) Occupational Safety and Health.-- (1) OSHA jurisdiction.--Notwithstanding section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), effective 2 years after the date of enactment of this Act, the Occupational Safety and Health Administration shall assume the exclusive regulatory and enforcement responsibilities of the Department relating to matters covered by the Occupational Safety and Health Act of 1970 with regard to all nonmilitary energy laboratories owned or operated by the Department, except as provided in paragraph (2). The responsibilities assumed by the Occupational Safety and Health Administration under this subsection shall be administered by the Occupational Safety and Health Administration, not by States. Any Department contractor operating such a laboratory shall, with respect to matters relating to occupational safety and health, be considered to be an employer for purposes of the Occupational Safety and Health Act of 1970. (2) Regulation of hazards containing radiological and non- radiological component.--If a hazard at a nonmilitary energy laboratory owned or operated by the Department presents a risk of occupational exposure and contains both a radiological and non-radiological component, the Occupational Safety and Health Administration and the Nuclear Regulatory Commission shall, effective 2 years after the date of enactment of this Act, share regulatory and enforcement responsibilities with respect to the hazard in accordance with the memorandum of understanding entered into pursuant to subsection (d). (d) Memorandum of Understanding.--The Nuclear Regulatory Commission and the Occupational Safety and Health Administration shall, not later than 1 year after the date of enactment of this Act, enter into and transmit to the Congress a memorandum of understanding to govern the exercise of their respective authorities over nuclear safety and occupational safety and health at nonmilitary energy laboratories owned or operated by the Department. (e) Civil Penalties.--The Department's contractor operating a nonmilitary energy laboratory owned or operated by the Department shall not be liable for civil penalties under the Atomic Energy Act of 1954 or the Occupational Safety and Health Act of 1970 for any actions taken before the date of transfer of regulatory authority under this section, pursuant to the instructions of a Federal agency in preparation for the transfer of regulatory and enforcement responsibilities required by this section. (f) Indemnification.--The Secretary shall continue to indemnify nonmilitary energy laboratories owned or operated by the Department in accordance with the provisions of section 170 d. of the Atomic Energy Act of 1954. (g) Department Reporting Requirement.--Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to the Congress a plan for the termination of the Department's regulatory and enforcement responsibilities for nonmilitary energy laboratories owned or operated by the Department required by this section. The report shall include-- (1) a detailed transition plan, drafted in coordination with the Nuclear Regulatory Commission and the Occupational Safety and Health Administration, giving the schedule for termination of self-regulation authority as outlined in subsection (a), including the activities to be coordinated with the Nuclear Regulatory Commission and the Occupational Safety and Health Administration; (2) a description of any issues remaining to be resolved with the Nuclear Regulatory Commission, the Occupational Safety and Health Administration, or other external regulators, and a timetable for resolving such issues by the authority transfer date established under this section; and (3) an estimate of-- (A) the annual cost of administering and implementing self-regulation of the nuclear safety and occupational safety and health responsibilities described in subsections (b) and (c) at nonmilitary energy laboratories owned or operated by the Department; (B) the number of Federal and contractor employees administering and implementing such self-regulation; and (C) the extent and schedule by which the Department and the staffs at its nonmilitary energy laboratories will be reduced as a result of implementation of this section. (h) General Accounting Office Reporting Requirement.--The Comptroller General of the United States shall periodically report to the Congress on the progress made in implementing this section. The Comptroller General shall provide a report not later than 20 months after the date of enactment of this Act on the Department's transition plan, and not later than 26 months after the date of enactment of this Act on the implementation of Nuclear Regulatory Commission and Occupational Safety and Health Administration regulations in the nonmilitary energy laboratories. (i) Definitions.--For purposes of this section-- (1) the term ``Department'' means the Department of Energy; (2) the term ``nonmilitary energy laboratory'' means-- (A) Ames Laboratory; (B) Argonne National Laboratory; (C) Brookhaven National Laboratory; (D) Fermi National Accelerator Laboratory; (E) Lawrence Berkeley National Laboratory; (F) Oak Ridge National Laboratory; (G) Pacific Northwest National Laboratory; (H) Princeton Plasma Physics Laboratory; (I) Stanford Linear Accelerator Center; or (J) Thomas Jefferson National Accelerator Facility; and (3) the term ``Secretary'' means the Secretary of Energy.", "summary": "Directs the Nuclear Regulatory Commission (NRC) and the Occupational Safety and Health Administration (OSHA), respectively, to assume specified responsibilities for nuclear safety and for occupational safety and health at nonmilitary energy laboratories owned or operated by the Department of Energy (DOE). Eliminates DOE's regulatory and enforcement authority with respect to such responsibilities assumed by NRC and OSHA. Makes such transfers of authority effective two years after enactment of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Relief and Fulfilling Our Obligation to Patriotic Soldiers Act of 2007''. SEC. 2. EXCLUSION FROM GROSS INCOME OF ENLISTMENT AND REENLISTMENT BONUSES FOR MEMBERS OF THE ARMED FORCES. (a) In General.--Section 112 of the Internal Revenue Code of 1986 (relating to certain combat zone compensation of members of the Armed Forces) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Qualified Bonus.--Gross income does not include a qualified bonus.''. (b) Qualified Bonus Defined.--Subsection (d) of section 112 of such Code (relating to definitions), as redesignated by subsection (a), is amended by adding at the end the following new paragraph: ``(6) Qualified bonus.-- ``(A) In general.--The term `qualified bonus' means an enlistment, accession, reenlistment, retention, incentive, or other bonus paid by the Secretary concerned to a member of the Armed Forces of the United States in exchange for the agreement of the member to accept a commission as an officer, extend an active service commitment as an officer, enlist, reenlist, or extend an enlistment as an enlisted member in an active or reserve component, or enter into a reserve affiliation agreement. ``(B) Other definitions.--For purposes of subparagraph (A), the terms `active service', `enlisted member', `officer', and `Secretary concerned' have the meanings given to such terms in section 101 of title 10, United States Code.''. (c) Conforming Amendments.-- (1) Section 2201 of such Code is amended by striking ``section 112(c)'' both places it appears and inserting ``section 112(d)''. (2) The heading for section 112 of such Code is amended by inserting ``and other'' before ``compensation''. (3) Section 3401(a)(1) of such Code is amended by inserting ``and other'' before ``compensation''. (4) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 112 and inserting the following new item: ``Sec. 112. Certain combat zone and other compensation of members of the Armed Forces.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. CONTINUATION OF CERTAIN BONUS PAYMENTS TO MEMBERS OF THE ARMED FORCES RETIRED OR SEPARATED DUE TO A COMBAT-RELATED INJURY. (a) Payment Required.--Chapter 17 of title 37, United States Code, is amended by inserting after section 903 the following new section: ``Sec. 904. Continued payment of bonuses to members retired or separated due to combat-related injuries ``(a) Payment Required.--In the case of a member of the armed forces who is retired or separated for disability under chapter 61 of title 10, due to a combat-related injury, the Secretary of Defense shall require the continued payment to the member of any bonus described in subsection (b) that the member-- ``(1) was entitled to immediately before the retirement or separation of the member; and ``(2) would continue to be entitled to if the member was not retired or separated. ``(b) Covered Bonuses.--The bonuses referred to in subsection (a) are the following (numbers refer to the corresponding section in chapter 5 of this title): ``(1) 301b. Special pay for aviation career officers extending period of active duty. ``(2) 301d. Multiyear retention bonus for medical officers of the armed forces. ``(3) 301e. Multiyear retention bonus for dental officers of the armed forces. ``(4) 302d. Accession bonus for registered nurses. ``(5) 302h. Accession bonus for dental officers. ``(6) 302j. Accession bonus for pharmacy officers. ``(7) 302k. Accession bonus for medical officers in critically short wartime specialties. ``(8) 302l. Accession bonus for dental specialist officers in critically short wartime specialties. ``(9) 308. Reenlistment bonus. ``(10) 308b. Reenlistment bonus for members of the Selected Reserve. ``(11) 308c. Bonus for affiliation or enlistment in the Selected Reserve. ``(12) 308g. Bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve. ``(13) 308h. Bonus for reenlistment, or voluntary extension of enlistment in elements of the Ready Reserve other than the Selected Reserve. ``(14) 308i. Prior service enlistment bonus. ``(15) 308j. Affiliation bonus for officers in the Selected Reserve. ``(16) 309. Enlistment bonus. ``(17) 312. Special pay for nuclear-qualified officers extending period of active duty. ``(18) 312b. Nuclear career accession bonus. ``(19) 312c. Nuclear career annual incentive bonus. ``(20) 315. Engineering and scientific career continuation pay. ``(21) 316. Bonus for members with foreign language proficiency. ``(22) 317. Special pay for officers in critical acquisition positions extending period of active duty. ``(23) 318. Special pay for special warfare officers extending period of active duty. ``(24) 319. Surface warfare officer continuation pay. ``(25) 321. Judge advocate continuation pay. ``(26) 322. 15-year career status bonus for members entering service on or after August 1, 1986. ``(27) 323. Retention incentives for members qualified in critical military skills or assigned to high priority units. ``(28) 324. Accession bonus for new officers in critical skills. ``(29) 326. Incentive bonus for conversion to military occupational specialty to ease personnel shortage. ``(30) 327. Incentive bonus for transfer between armed forces. ``(31) 329. Incentive bonus for retired members and reserve component members volunteering for high-demand, low-density assignments. ``(32) 330. Accession bonus for officer candidates. ``(c) Time for Payment.--A bonus required to be paid to a member under this section shall be paid to the member in a lump sum not later than 30 days after the date of the retirement or separation of the member, notwithstanding any terms to the contrary in the agreement under which the bonus was originally authorized. ``(d) Combat-Related Injury Defined.--In this section, the term `combat-related injury' means an injury-- ``(1) for which the member was awarded the Purple Heart; or ``(2) that was incurred (as determined under criteria prescribed by the Secretary of Defense)-- ``(A) as a direct result of armed conflict; ``(B) while engaged in hazardous service; ``(C) in the performance of duty under conditions simulating war; or ``(D) through an instrumentality of war.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 903 the following new item: ``904. Continued payment of bonuses to members retired or separated due to combat-related injuries.''.", "summary": "Tax Relief and Fulfilling Our Obligation to Patriotic Soldiers Act of 2007 - Amends the Internal Revenue Code to exclude from gross income payments made to members of the Armed Forces as enlistment and reenlistment bonuses. Requires the Secretary of Defense to continue the payment to members of the Armed Forces who are retired or separated for disability due to a combat-related injury of certain bonuses to which such members were entitled immediately before retirement or separation and to which such members would continue to be entitled if they were not retired or separated."}
{"article": "SECTION 1. ESTABLISHMENT OF BOARD OF INQUIRY. (a) Establishment.--There is hereby established the Board of Inquiry into the September 11, 2001, Terrorist Attacks (in this Act referred to as the ``Board''). (b) Membership.-- (1) Composition.--The Board shall be composed of 12 members of whom-- (A) four shall be appointed by the President; (B) two shall be appointed by the Majority Leader of the Senate, of whom-- (i) one shall be a Senator; and (ii) one shall be from private life; (C) two shall be appointed by the Minority Leader of the Senate, of whom-- (i) one shall be a Senator; and (ii) one shall be from private life; (D) two shall be appointed by the Speaker of the House of Representatives, of whom-- (i) one shall be a Member of the House of Representatives; and (ii) one shall be from private life; and (E) two shall be appointed by the Minority Leader of the House of Representatives, of whom-- (i) one shall be a Member of the House of Representatives; and (ii) one shall be from private life. (2) Qualifications of individuals appointed from private life.--The members of the Board appointed from private life under paragraph (1) shall be individuals who have demonstrated ability and accomplishment in government, business, law, higher education, or another appropriate profession and who have a substantial background in national security matters. (3) Date.--The appointments of the members of the Board shall be made not later than thirty days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.--Members of the Board shall be appointed for the life of the Board. Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Chairman and Vice Chairman.--The Board shall select a Chairman and Vice Chairman from among its members. (e) Meetings.-- (1) In general.--The Board shall meet at the call of the Chairman. (2) Initial meeting.--Not later than fifteen days after the date on which all members of the Board have been appointed, the Board shall hold its first meeting. (f) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings, take testimony, or receive evidence. SEC. 2. DUTIES OF BOARD. The Board shall conduct a thorough study of matters relating to the September 11, 2001, terrorist attacks on the World Trade Centers in New York and the Pentagon, and the hijackings which proceeded the attacks, to determine what systemic problems in the collection, analysis, or dissemination of intelligence, or other systemic problems in the intelligence, law enforcement, and other elements of the Federal Government with responsibility for intelligence-related matters or counter-terrorism, need to be corrected to prevent further terrorist attacks on the United States. SEC. 3. REPORTS. (a) Initial Report on Plan for Work.--Not later than 30 days after the first meeting of the Board under section 1, the Board shall submit to Congress a report setting for a plan for the work of the Board under this Act. (b) Preliminary Report.--Not later than six months after the date of the first meeting of the Board, the Board shall submit to Congress a report on the work of the Board under this Act as of the date of such report, together with any preliminary findings of the Board as of the date of such report. (c) Final Report.--Not later than one year after the first meeting of the Board, the Board shall submit to Congress a final report on the work of the Board under this Act. The report shall contain a detailed statement of the findings and conclusions of the Board, together with its recommendations for such legislation and administrative actions as it considers appropriate. (d) Form of Reports.--Each report under this section shall be submitted in unclassified form, but may include a classified annex. SEC. 4. POWERS OF BOARD. (a) Hearings.--The Board or, at its direction, any subcommittee or member of the Board may, for the purpose of carrying out this Act-- (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials as the Board or such subcommittee or member considers advisable. (b) Issuance and Enforcement of Subpoenas.-- (1) Issuance.--Subpoenas under subsection (a) shall be issued in accordance with such procedures as the Board shall establish, shall bear the signature of the Chairman of the Board, and shall be served by any person or class of persons designated by the Chairman for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt that court. (c) Witness Allowances and Fees.--Section 1821 of title 28, United States Code, shall apply to witnesses requested or subpoenaed to appear at any hearing of the Board. The per diem and mileage allowances for witnesses shall be paid from funds available to pay the expenses of the Board. (d) Information From Federal Agencies.--The Board may secure directly from any Federal department or agency such information as the Board considers necessary to carry out this Act. Upon request of the Chairman of the Board, the head of such department or agency shall furnish such information to the Board. (e) Postal Services.--The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (f) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property. SEC. 5. PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Board who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. All members of the Board who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (c) Staff.-- (1) In general.--The Chairman of the Board may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Board to perform its duties. The employment of an executive director shall be subject to confirmation by the Board. (2) Compensation.--The Chairman of the Board may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Security Clearances.-- (1) Requirement for access to classified information.-- Members and staff of the Board may not have access to classified information unless such individuals possess a security clearance appropriate for access to such information. (2) Expedited investigations.--The Attorney General shall take appropriate actions to ensure that the investigation required to issue a security clearance appropriate for the work of the Board to any member of the Board appointed from private life who does not possess such security clearance is completed not later than 60 days after the date of the appointment of such member to the Board. (e) Detail of Government Employees.--Any Federal Government employee may be detailed to the Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (f) Procurement of Temporary and Intermittent Services.--The Chairman of the Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. APPLICABILITY OF CERTAIN ADMINISTRATIVE LAWS. (a) Laws Relating to Classified Information.--All laws, executive orders, regulations, and other rules governing the protection of classified information, including laws, executive orders, regulations, and other rules prohibiting the unauthorized release of classified information, shall apply to the members and staff of the Board with respect to any information obtained, examined, or otherwise reviewed by the Board under this Act. (b) FACA.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Board under this Act. (c) Records Laws.-- (1) FOIA.--Subject to paragraph (2), the provisions of section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''), shall not apply to the activities of the Board under this Act. (2) Limitation.--Upon transfer to the National Archives and Records Administration, any records, documents, or other papers of the Board shall be subject to the provisions of section 552 of title 5, United States Code. (3) Federal records act.--The provisions of title 44, United States Code, shall apply to the records, documents, and other papers of the Board under this Act. SEC. 7. TERMINATION OF BOARD. The Board shall terminate 30 days after the date on which the Board submits its final report under section 3(c). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $1,500,000 for fiscal year 2002 to the Board to carry out this Act. (b) Availability.--Any sums appropriated under the authorization of appropriations in subsection (a) shall remain available, without fiscal year limitation, until expended.", "summary": "Establishes the Board of Inquiry into the September 11, 2001, Terrorist Attacks. Directs the Board to study matters relating to the attacks on the World Trade Centers in New York and the Pentagon and the hijackings which preceded the attacks to determine what systemic problems in the collection, analysis, or dissemination of intelligence or in the intelligence, law enforcement, and other elements of the Government with responsibility for intelligence-related matters or counter-terrorism need to be corrected to prevent further attacks."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``GI Bill Processing Improvement Act''. SEC. 2. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT TO EDUCATIONAL ASSISTANCE. (a) In General.--Subchapter II of chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3699. Provision of certain information to educational institutions ``For each veteran or other individual pursuing a course of education that has been approved under this chapter using educational assistance to which the veteran or other individual is entitled under chapter 30, 32, 33, or 35 of this title, the Secretary shall make available to the educational institution offering the course information about the amount of such educational assistance to which the veteran or other individual is entitled. Such information shall be provided to such educational institution through a secure information technology system accessible by the educational institution and shall be regularly updated to reflect any amounts used by the veteran or other individual.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3698 the following new item: ``3699. Provision of certain information to educational institutions.''. SEC. 3. EXTENSION OF AUTHORITY FOR ADVISORY COMMITTEE ON EDUCATION. Section 3692 of such title is amended by striking ``December 31, 2017'' and inserting ``December 31, 2022''. SEC. 4. LIMITATION ON USE OF REPORTING FEES PAYABLE TO EDUCATIONAL INSTITUTIONS AND JOINT APPRENTICESHIP TRAINING COMMITTEES. Section 3684(c) of title 38, United States Code, is amended to read as follows: ``(c)(1) The Secretary may pay to any educational institution, or to the sponsor of a program of apprenticeship, furnishing education or training under either this chapter or chapter 31, 34, or 35 of this title, a reporting fee which will be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution or joint apprenticeship training committee is required to submit to the Secretary by law or regulation. ``(2) Such reporting fee shall be computed for each calendar year by multiplying $16 by the number of eligible veterans or eligible persons enrolled under this chapter or chapter 31, 34, or 35 of this title, or $15 in the case of those eligible veterans and eligible persons whose educational assistance checks are directed in care of each institution for temporary custody and delivery and are delivered at the time of registration as provided under section 3680(d)(4) of this title, during the calendar year. The reporting fee shall be paid to such educational institution or joint apprenticeship training committee as soon as feasible after the end of the calendar year for which it is applicable. ``(3) No reporting fee payable to an educational institution under this subsection shall be subject to offset by the Secretary against any liability of such institution for any overpayment for which such institution may be administratively determined to be liable under section 3685 of this title unless such liability is not contested by such institution or has been upheld by a final decree of a court of appropriate jurisdiction. ``(4) Any reporting fee paid to an educational institution or joint apprenticeship training committee after the date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 (Public Law 111-377)-- ``(A) shall be utilized by such institution or committee solely for the making of certifications required under this chapter or chapter 31, 34, or 35 of this title or for otherwise supporting programs for veterans; and ``(B) with respect to an institution that has 75 or more enrollees described in paragraph (2), may not be used for or merged with amounts available for the general fund of the educational institution or joint apprenticeship training committee. ``(5) The reporting fee payable under this subsection shall be paid from amounts appropriated for readjustment benefits.''. SEC. 5. TRAINING FOR SCHOOL CERTIFYING OFFICIALS. (a) Training Requirement.--The Secretary of Veterans Affairs shall, in consultation with the State approving agencies, set forth requirements relating to training for school certifying officials employed by covered educational institutions offering courses of education approved under chapter 36 of title 38, United States Code. If a covered educational institution does not ensure that a school certifying official employed by the educational institution meets such requirements, the Secretary may disapprove any course of education offered by such educational institution. (b) Definitions.--In this section: (1) The term ``covered educational institution'' means an educational institution that has enrolled 20 or more individuals using educational assistance under title 38, United States Code. (2) The term ``school certifying official'' means an employee of an educational institution with primary responsibility for certifying veteran enrollment at the educational institution. (3) The term ``State approving agency'' means a department or agency of a State designated under section 3671 of title 38, United States Code. SEC. 6. STATE APPROVING AGENCY FUNDING. (a) Increase.--Section 3674(a) of title 38, United States Code, is amended-- (1) in paragraph (2)(A), by striking ``out of amounts available for the payment of readjustment benefits'' and inserting ``out of amounts in the Department of Veterans Affairs readjustment benefits account and amounts appropriated to the Secretary''; (2) by redesignating paragraph (4) as paragraph (5); (3) by inserting after paragraph (3) the following new paragraph (4): ``(4) There is authorized to be appropriated to carry out this section $3,000,000 for each fiscal year.''; and (4) in paragraph (5), as so redesignated-- (A) by striking ``The total'' and inserting ``(A) The total''; (B) by striking ``$19,000,000'' and inserting ``$21,000,000''; and (C) by adding at the end the following new subparagraph: ``(B) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary shall, effective on the date of such increase in benefit amounts, increase the amount in effect under subparagraph (A), as in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased.''.", "summary": "GI Bill Processing Improvement Act This bill directs the Department of Veterans Affairs (VA) to make available to an educational institution through a secure information technology system the amount of specified veterans educational assistance available to a veteran or an individual pursuing a VA approved-course at such institution. The bill extends the authority for the Veteran's Advisory Committee on Education until December 31, 2022. A reporting fee paid by the VA to an educational institution or joint apprenticeship training committee after the date of enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 with respect to an institution that has 75 or more enrollees may not be used for or merged with amounts available for the general fund of the educational institution or joint apprenticeship training committee. The VA shall prescribe training requirements for a school certifying official employed by a covered educational institution offering approved veterans education courses. A covered educational institution is an institution that has enrolled 20 or more individuals using veterans educational assistance. The bill increases VA funding for state approving agencies and requires the VA to provide such agencies with a cost of living adjustment that equals the same percentage increase as benefits provided under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Skills Connection Act''. SEC. 2. CREATION OF SEARCHABLE DATABASE. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall create a publicly available, easily navigable, and searchable database containing the following: (1) A registry of credentials (which may be certificates), for purposes of enabling programs that lead to such a credential to receive priority under a covered provision. (2) A skills database, for purposes of enabling programs that lead to such a credential to receive priority under a covered provision. (3) A jobs bank. (b) Credentials Registry.--In creating a registry of credentials, the Secretary shall-- (1) list the credential in the registry if the credential is required by Federal or State law for an occupation (such as a credential required by a State law regarding qualifications for a health care occupation); (2) list the credential, and list an updated credential, in the registry if the credential involved is an industry- recognized, nationally portable credential that is consistent with the Secretary's established industry competency models and is consistently updated through third party validation to reflect changing industry competencies; and (3) for each credential listed in the registry, provide an assessment of which skills listed in the skills database created under subsection (c) align with or are related to the requirements of the credential. (c) Skills Database.--In creating a skills database, the Secretary shall-- (1) list identifiable skills that are required for employment in the manufacturing sector, as determined by the Secretary-- (A) by using Manufacturing Institute-Endorsed Manufacturing Skills Certification System or similar resource; or (B) by consulting with an organization similar to the Manufacturing Institute; (2) after consultation with the Manufacturing Institute or similar organization and representatives of the Armed Forces list identifiable skills developed through service in the Armed Forces; and (3) for each skill listed under paragraphs (1) and (2), include information about how that skill aligns with or is related to the requirements for the credentials listed under the credentials registry created under subsection (b). (d) Jobs Bank.--In creating a jobs bank, the Secretary shall-- (1) enable job seekers to-- (A) enter basic information through the statewide employment statistics system established under section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2) for their State of residence about their skills, experience, credentials, and preferred area of employment; and (B) browse job listings submitted by employers to such jobs bank that match the credentials, experience, or other qualifications entered under subparagraph (A); (2) automatically match available jobs with job seekers who have matching qualifications; and (3) enable information relating to shortages in certain skills or credentials available to be utilized by State workforce investment board established under section 111 of the Workforce Investment Board of 1998 (29 U.S.C. 49j) and others to inform decisions about how to allocate workforce development resources. (e) Rule of Construction.--Nothing in this Act shall be construed-- (1) to require an entity with responsibility for selecting or approving an education, training, or workforce investment activities program with regard to a covered provision, to select a program with a credential listed in the registry described in subsection (b); or (2) to be an endorsement of a skill listed under the skills database described in subsection (c) by the Secretary of Labor or the Federal Government. (f) Availability of Funds.--For each fiscal year, funds shall be available from the amount appropriated for each such fiscal year for the Workforce Innovation Fund established under section 1801(a)(3) of title VIII of division B of Public Law 112-10 for the costs of carrying out the provisions of this Act. (g) Definitions.--In this section: (1) Armed forces.--The term ``Armed Forces'' means the Army, Navy, Air Force, and Marine Corps. (2) Covered provision.--The term ``covered provision'' means any of sections 129 and 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2854, 2864), section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(B)), and section 236 of the Trade Act of 1974 (19 U.S.C. 2296). (3) Industry recognized credential.--The term ``industry- recognized'', used with respect to a credential, means a credential that-- (A) is sought or accepted by companies within the industry sector involved as recognized, preferred, or required for recruitment, screening, or hiring; and (B) is endorsed by a nationally recognized trade association or organization representing a significant part of the industry sector. (4) Nationally portable.--The term ``nationally portable'', used with respect to a credential, means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Workforce investment activities.--The term ``workforce investment activities'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).", "summary": "Skills Connection Act - Directs the Secretary of Labor to create a searchable and publicly available database containing a registry of industry-recognized credentials, a skills database, and a jobs bank to enable programs that lead to such credentials to receive priority under: youth workforce investment programs, statewide employment and training programs, career and technical programs, and training programs for Trade Adjustment Assistance (TAA) workers. Makes funds available from amounts appropriated for each fiscal year for the Workforce Innovation Fund for the costs of carrying out this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Cruz Valley National Heritage Area Act''. SEC. 2. PURPOSES. The purposes of this Act include the following: (1) To establish the Santa Cruz Valley National Heritage Area in the State of Arizona. (2) To implement the recommendations of the ``Alternative Concepts for Commemorating Spanish Colonization'' study completed by the National Park Service in 1991, and the ``Feasibility Study for the Santa Cruz Valley National Heritage Area'' prepared by the Center for Desert Archaeology in July 2005. (3) To provide a management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the region and to conserve the region's heritage while continuing to pursue compatible economic opportunities. (4) To assist communities, organizations, and citizens in the State of Arizona in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations. (5) To provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the Heritage Area. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Santa Cruz Valley National Heritage Area, established in section 4. (2) Management entity.--The term ``Management Entity'' means the management entity for the Heritage Area designated by section 4(d). (3) Management plan.--The term ``Management Plan'' means the management plan for the Heritage Area specified in section 6. (4) Map.--The term ``map'' means the map titled ``Boundary Map Santa Cruz Valley National Heritage Area'', numbered _______, and dated ____________. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Arizona. SEC. 4. SANTA CRUZ VALLEY NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established the Santa Cruz Valley National Heritage Area in the State of Arizona. (b) Boundaries.--The Heritage Area shall include the portions of the counties of Santa Cruz and Pima, as identified on the map. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior, and the Management entity. (d) Management Entity.--The Santa Cruz Valley Heritage Alliance, Inc., shall be the management entity for the Heritage Area. SEC. 5. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE MANAGEMENT ENTITY. (a) Duties of the Management Entity.--To further the purposes of the Heritage Area, the management entity shall-- (1) prepare and submit a management plan for the Heritage Area to the Secretary in accordance with section 6; (2) assist units of local and tribal governments, regional planning organizations, non-profit organizations, private land- owners, and other entities by-- (A) carrying out programs and projects that recognize, protect and enhance important resources values within the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing recreational, educational, and economic, and community development opportunities within the Heritage Area; (D) increasing public awareness of, and appreciation for, the natural, cultural, historical, archaeological, scenic, and outdoor recreational resources and sites in the Heritage Area; (E) protecting and restoring historic sites and structures, archaeological sites, and natural resources related to the Heritage Area; (F) ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area; (G) promoting cultural, traditional, and nature- themed events and attractions in the Heritage Area; and (H) promoting a wide range of partnerships among governments, organizations and individuals to further the purposes of the Heritage Area; (3) coordinate with tribal and local governments to better enable them to participate in ways consistent with the goals of the management plan; (4) consider the interests of diverse units of government, businesses, organizations and individuals in the Heritage Area in the preparation and implementation of the management plan; (5) conduct meetings open to the public at least semi- annually regarding the development and implementation of the management plan; (6) submit an annual report to the Secretary for any fiscal year in which the management entity receives Federal funds under this Act, setting forth its accomplishments, expenses, and income, including grants to any other entities during the year for which the report is made; (7) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds; and (8) encourage by appropriate means economic development that is consistent with the purposes of the Heritage Area. (b) Authorities.--The management entity may, for the purposes of preparing and implementing the management plan for the Heritage Area, use Federal funds made available under this Act to-- (1) make grants to the State of Arizona, its political subdivisions, nonprofit organizations, tribes, and other entities; (2) enter into cooperative agreements with or provide technical assistance to the State of Arizona its political subdivisions, nonprofit organizations, tribes, Federal agencies, and other entities; (3) hire and compensate staff, including individuals with expertise in natural cultural, and historical resources protection, economic and community development, and heritage programming; (4) obtain money or services from any source including any that are provided under any other Federal law or program; (5) contract for goods or services; and (6) undertake to be a catalyst for any other activity that furthers the purposes of the Heritage Area and is consistent with the approved management plan. (c) Prohibitions on the Acquisition of Real Property.--The management entity may not use Federal funds received under this Act to acquire real property, but may use any other source of funding, including other Federal funding outside this authority, intended for the acquisition of real property. SEC. 6. MANAGEMENT PLAN. (a) Requirements.--The management plan for the Heritage Area shall-- (1) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the Heritage Area and encourage long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area; (2) include a description of actions and commitments that governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (3) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area; (4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area related to the national importance and themes of the Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed; (5) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (6) describe a program for implementation for the management plan, including-- (A) performance goals; (B) plans for resource protection, enhancement, interpretation, funding, management, and development; and (C) specific commitments for implementation that have been made by the local coordinating entity or any government agency, organization, business, or individual; (7) include an analysis of, and recommendations for, means by which Federal, State, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this Act; and (8) include a business plan that-- (A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and (B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area. (b) Deadline.-- (1) In general.--Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval. (2) Termination of funding.--If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this Act until such time as the management plan is submitted to and approved by the Secretary. SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.--The Secretary may, upon the request of the management entity, provide technical assistance on a reimbursable or non-reimbursable basis and financial assistance to the Heritage Area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the management entity and other public or private entities for this purpose. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in-- (1) conserving the significant natural, historical cultural, and scenic resources of the Heritage Area; and (2) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (b) Approval and Disapproval of Management Plan.-- (1) In general.--The Secretary shall approve or disapprove the management plan not later than 180 days after receiving the management plan. (2) Criteria for approval.--In determining the approval of the management plan, the Secretary shall consider whether-- (A) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area; and (D) the management plan is supported by the appropriate State and local officials whose cooperation is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Criteria for approval.--In determining whether to approve a management plan for the Heritage Area, the Secretary shall consider whether-- (A) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural, and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; (B) the local coordinating entity-- (i) has afforded adequate opportunity for public and governmental involvement (including through workshops and hearings) in the preparation of the management plan; and (ii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; (C) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area; (D) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans; (E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan; (F) the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local elements of the management plan; and (G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan. (4) Approval of amendments.--Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The management entity shall not use Federal funds authorized by this Act to implement any amendments until such amendments have been approved by the Secretary. SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES. Any Federal agency conducting or supporting activities directly affecting the Heritage Area is encouraged to-- (1) consult with the Secretary and the management entity with respect to such activities; (2) cooperate with the Secretary and the management entity in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and (3) to the maximum extent practicable, conduct or support such activities in a manner which will not have adverse effects on the Heritage Area. SEC. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to any local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year. (b) Cost-Sharing Requirement.--The Federal share of the total cost of any activity assisted under this Act shall be not more than 50 percent. SEC. 11. SUNSET. The authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of this Act.", "summary": "Santa Cruz Valley National Heritage Area Act - Establishes the Santa Cruz Valley National Heritage Area in Arizona. Designates the Santa Cruz Valley Heritage Alliance, Inc. as the management entity for the Area. Requires the management entity to prepare and submit a management plan for the Area to the Secretary of the Interior for approval. Prohibits the management entity from using federal funds received under this Act to acquire real property. Authorizes the Secretary to provide technical and financial assistance to the Area for the development and implementation of the approved management plan."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting America's Protective Security Advisor Act of 2007''. SEC. 2. PROTECTIVE SECURITY ADVISOR. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``SEC. 210F. PROTECTIVE SECURITY ADVISOR PROGRAM OFFICE. ``(a) In General.--There is in the Department a Protective Security Advisor Program Office (in this section referred to as the `Office') within the Protective Security Coordination Division of the Office of Infrastructure Protection. ``(b) Responsibilities.--The Office shall have the primary responsibility and be the lead office within the Department for-- ``(1) encouraging State, local, and tribal governments and private sector owners and operators of critical infrastructure and key resources to participate and collaborate within the risk management framework of the National Infrastructure Protection Plan, or any successor thereto; ``(2) coordinating national and intergovernmental critical infrastructure and key resource activities with State, local, and tribal governments and owners and operators of critical infrastructure or key resources; ``(3) facilitating and conducting requirements, capabilities, and risk assessment analyses that enhance critical infrastructure and key resources preparedness; ``(4) promoting information sharing and security awareness, particularly with State homeland security advisors and private sector security officials; ``(5) assisting State, local, and tribal governments in developing multi-jurisdictional security plans; ``(6) helping to ensure ongoing coordination between Federal, State, local, and tribal governments, owners and operators of critical infrastructure or key resources, emergency response providers, and related agencies; ``(7) serving as infrastructure liaison officials, with primary responsibility to advise the designated Principal Federal Official on issues dealing with nationally critical infrastructure, when a joint field office is activated in response to a natural disaster or terrorist event; and ``(8) facilitating and coordinating interaction with international security partners relating to the activities of the Department regarding international activities described in the National Infrastructure Protection Plan, or any successor thereto. ``(c) Protective Security Advisor Assignments and Distribution Plan.-- ``(1) In general.--The Secretary shall develop a plan for the assignment and distribution of protective security advisors that takes into account baseline requirements and anticipated growth after the date of enactment of this section of the need for such advisors. ``(2) Plan requirements.-- ``(A) In general.--The plan developed under paragraph (1) shall-- ``(i) ensure that protective security advisors are located across the United States to ensure appropriate coverage and coordinated support, with particular emphasis on high-risk regions, as determined by the Office; and ``(ii) assign protective security advisors and support staff based on risk, including consideration of assigning additional protective security advisors in areas of greater population density and concentration of critical infrastructure and key resources. ``(B) Minimum requirements.--At a minimum, the plan developed under paragraph (1) shall provide that-- ``(i) at least 1 protective security advisor shall be located in each State; ``(ii) at least 10 supervisory protective security advisors shall be located throughout the United States, to provide regional coordination and management; ``(iii) each supervisory protective security advisor shall have appropriate support staff to assist in performing the duties of that supervisory protective security advisor; and ``(iv) the headquarters of the Office shall include-- ``(I) at least 2 protective security advisors to manage the participation of protective security advisors in special events, training programs, and exercise programs; ``(II) at least 2 protective security advisors to manage the training and standards program for protective security advisors to ensure that personnel are certified in the latest security practices; ``(III) at least 2 protective security advisors to manage day-to-day contingency operations in preparation for, or response to, a natural disaster or terrorist event; and ``(IV) appropriate support staff to assist in performing the duties of the Office. ``(3) Report.--Not later than 90 days after the date of enactment of this section, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate a report outlining and justifying the plan developed under paragraph (1). ``(d) Biennial Reporting.--The Secretary shall submit to Congress a report regarding the activities of the Office every 2 years. ``(e) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $40,000,000 for each of fiscal years 2009 and 2010; and ``(B) such sums as are necessary for each fiscal year thereafter. ``(2) Availability.--Amounts made available pursuant to this subsection shall remain available until expended.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 210E the following: ``Sec. 210F. Protective Security Advisor Program Office.''.", "summary": "Supporting America's Protective Security Advisor Act of 2007 - Amends the Homeland Security Act of 2002 to establish the Protective Security Advisor Program Office within the Protective Security Coordination Division of the Office of Infrastructure Protection of the Department of Homeland Security (DHS). Requires the Office to have primary responsibility within DHS for: (1) encouraging state, local, and tribal governments and private sector owners and operators of critical infrastructure and key resources to participate and collaborate within the risk management framework of the National Infrastructure Protection Plan; (2) coordinating national and intergovernmental critical infrastructure and key resource activities with such governments, owners, and operators; (3) facilitating and conducting requirements, capabilities, and risk assessment analyses that enhance critical infrastructure and key resources preparedness; (4) promoting information sharing and security awareness; (5) assisting such governments in developing multijurisdictional security plans; (6) helping to ensure coordination among such governments, such owners and operators, emergency response providers, and related agencies; (7) serving as infrastructure liaison officials when a joint field office is activated in response to a natural disaster or terrorist event; and (8) facilitating and coordinating interaction with international security partners. Directs the Secretary of Homeland Security to develop a plan for the assignment and distribution of protective security advisors that takes into account baseline requirements and anticipated growth to: (1) ensure that protective security advisors are located across the United States and provide appropriate coverage and coordinated support, especially in high-risk regions; and (2) assign protective security advisors and support staff based on risk."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Infusion Site of Care Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) The Medicare fee-for-service program covers infusion therapy in the hospital, skilled nursing facility, physician office, and hospital outpatient department, but does not cover the full range of services for the provision of infusion therapies in a patient's home. (2) The Medicare program is presently the only major health care payer in the United States that does not provide comprehensive coverage of home infusion therapy. (3) As a result of the Medicare program not providing for comprehensive coverage of home infusion therapy, many Medicare beneficiaries are unable to obtain infusion therapy in the most cost-effective and convenient setting of their home, and physicians are deprived of the ability to select the best site of care for their patients. (4) The Medicare program is paying for institutional care for the provision of infusion therapy in many instances when such institutional care could be avoided if the Medicare program provided coverage for home infusion therapy. (5) The Government Accountability Office found in a 2010 report that home infusion therapy is utilized widely by private payers providing health insurance coverage for individuals enrolled under such coverage and that such private payers generally are satisfied with the quality of care and the savings they achieve through avoided institutionalizations. (6) A recent study has reported a potential savings for Medicare if infusion therapies were covered in the home site of care. SEC. 3. MEDICARE COVERAGE OF HOME INFUSION THERAPY. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (EE); (B) by inserting ``and'' at the end of subparagraph (FF); and (C) by inserting at the end the following new subparagraph: ``(GG) home infusion therapy (as defined in subsection (iii)(1));''; and (2) by adding at the end the following new subsection: ``Home Infusion Therapy ``(iii)(1) The term `home infusion therapy' means the items and services described in paragraph (2) furnished to an individual, who is under the care of a physician, which are provided by a qualified home infusion therapy supplier under a plan (for furnishing such items and services to such individual) established and periodically reviewed by a physician, which items and services are provided in an integrated manner in the individual's home in conformance with uniform standards of care established by the Secretary and in coordination with the provision of covered infusion drugs under part D. The Secretary shall establish such standards after taking into account the standards commonly used for home infusion therapy by Medicare Advantage plans and in the private sector and after consultation with all interested stakeholders. ``(2) The items and services described in this paragraph are the following: ``(A) Professional services, including nursing services (other than nursing services covered as home health services), provided in accordance with the plan (including administrative, compounding, dispensing, distribution, clinical monitoring, and care coordination services) and all necessary supplies and equipment (including medical supplies such as sterile tubing and infusion pumps). ``(B) Other items and services the Secretary determines appropriate to administer infusion drug therapies to an individual safely and effectively in the home. ``(3) For purposes of this subsection: ``(A) The term `home' means a place of residence used as an individual's home and includes such other alternate settings as the Secretary determines. ``(B) The term `qualified home infusion therapy supplier' means any pharmacy, physician, or other provider licensed by the State in which the pharmacy, physician, or provider resides or provides services, whose State authorized scope of practice includes dispensing authority and that-- ``(i) has expertise in the preparation of parenteral medications in compliance with enforceable standards of the United States Pharmacopoeia and other nationally recognized standards that regulate preparation of parenteral medications as determined by the Secretary and meets such standards; ``(ii) provides infusion therapy to patients with acute or chronic conditions requiring parenteral administration of drugs and biologicals administered through catheters or needles, or both, in a home; and ``(iii) meets such other uniform requirements as the Secretary determines are necessary to ensure the safe and effective provision and administration of home infusion therapy on a 7-day-a-week, 24-hour basis (taking into account the standards of care for home infusion therapy established by Medicare Advantage plans and in the private sector), and the efficient administration of the home infusion therapy benefit. ``(4) A qualified home infusion therapy supplier may subcontract with a pharmacy, physician, provider, or supplier to meet the requirements of paragraph (3)(B).''. (b) Payment for Home Infusion Therapy.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(p) Payment for Home Infusion Therapy.-- ``(1) In general.--The Secretary shall determine a per diem schedule for payment for the professional services (including nursing services), supplies, and equipment described in section 1861(iii)(2)(A) for each infusion therapy type that reflects the reasonable costs which must be incurred by efficiently and economically operated qualified home infusion therapy suppliers to provide such services, supplies, and equipment in conformity with applicable State and Federal laws, regulations, and the uniform quality and safety standards developed under section 1861(iii)(1) and to assure that Medicare beneficiaries have reasonable access to such therapy. ``(2) Considerations.--In developing the per diem schedule under this subsection, the Secretary shall consider recent credible studies about the costs of providing infusion therapy in the home, consult with home infusion therapy suppliers, consider payment amounts established by Medicare Advantage plans and private payers for home infusion therapy, and, if necessary, conduct a statistically valid national market analysis involving the costs of administering infusion drugs and of providing professional services necessary for the drugs' administration. ``(3) Annual updates.--The Secretary shall update such schedule from year to year by the percentage increase in the Consumer Price Index for all urban consumers (United States city average) for the 12-month period ending with June of the preceding year. The Secretary may modify the per diem schedule with respect to beneficiaries who qualify for home infusion therapy services under section 1861(iii)(1) but who receive nursing services as home health services.''. (c) Conforming Amendments.-- (1) Payment reference.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 13951(a)(1)) is amended-- (A) by striking ``and'' before ``(Z)''; and (B) by inserting before the semicolon at the end the following: ``, and (AA) with respect to home infusion therapy, the amounts paid shall be determined under section 1834(p)''. (2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(H)''; and (B) by inserting before the period at the end the following: ``, and (I) in the case of home infusion therapy, payment shall be made to the qualified home infusion therapy supplier''. (3) Exclusion from durable medical equipment and home health services.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (m)(5)-- (i) by striking ``and'' before ``durable medical equipment'' and inserting a comma; and (ii) by inserting before the semicolon at the end the following: ``, and supplies used in the provision of home infusion therapy after excluding other drugs and biologicals''; and (B) in subsection (n), by adding at the end the following: ``Such term does not include home infusion therapy, other than equipment and supplies used in the provision of insulin.''. (4) Application of accreditation provisions.--The provisions of section 1865(a) of the Social Security Act (42 U.S.C. 1395bb(a)) apply to the accreditation of qualified home infusion therapy suppliers in the same way as they apply to other suppliers. SEC. 4. MEDICARE COVERAGE OF HOME INFUSION DRUGS. Section 1860D-2(e) of the Social Security Act (42 U.S.C. 1395w- 102(e)) is amended-- (1) in paragraph (1)-- (A) by striking ``or'' at the end of subparagraph (A); (B) by striking the comma at the end of subparagraph (B) and inserting, ``; or''; and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) an infusion drug (as defined in paragraph (5)),''; and (2) by adding at the end the following new paragraph: ``(5) Infusion drug defined.--For purposes of this part, the term `infusion drug' means a parenteral drug or biological administered via an intravenous, intraspinal, intra-arterial, intrathecal, epidural, subcutaneous, or intramuscular access device or injection, and may include a drug used for catheter maintenance and declotting, a drug contained in a device, additives including but not limited to vitamins, minerals, solutions, and diluents, and other components used in the provision of home infusion therapy.''. SEC. 5. ENSURING BENEFICIARY ACCESS TO HOME INFUSION THERAPY. (a) Objectives in Implementation.--The Secretary of Health and Human Services shall implement the Medicare home infusion therapy benefit under the amendments made by this Act in a manner that ensures that Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes and that there is rapid and seamless coordination between drug coverage under part D of title XVIII of the Social Security Act and coverage for home infusion therapy services under part B of such title to avoid the filing of duplicative or otherwise improper claims. Specifically, the Secretary shall ensure that-- (1) the benefit is practical and workable with minimal administrative burden for beneficiaries, qualified home infusion therapy suppliers, physicians, prescription drug plans, MA-PD plans, and Medicare Advantage plans, and the Secretary shall consider the use of consolidated claims encompassing covered part D drugs and part B services, supplies, and equipment under such part B to ensure the efficient operation of this benefit; (2) any prior authorization or utilization review process is expeditious, allowing Medicare beneficiaries meaningful access to home infusion therapy; (3) medical necessity determinations for home infusion therapy will be made-- (A) except as provided in subparagraph (B), by Medicare administrative contractors under such part B and communicated to the appropriate prescription drug plans; or (B) in the case of an individual enrolled in a Medicare Advantage plan, by the Medicare Advantage organization offering the plan; and an individual may be initially qualified for coverage for such benefit for a 90-day period and subsequent 90-day periods thereafter; (4) except as otherwise provided in this section, the benefit is modeled on current private sector coverage and coding for home infusion therapy; and (5) prescription drug plans and MA-PD plans structure their formularies, utilization review protocols, and policies in a manner that ensures that Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes. (b) Report.--Not later than January 1, 2018, the Comptroller General of the United States shall submit a report to Congress on Medicare beneficiary access to home infusion therapy. Such report shall specifically address whether the objectives specified in subsection (a) have been met and shall make recommendations to Congress and the Secretary of Health and Human Services on how to improve the benefit and better ensure that Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to home infusion therapy furnished on or after January 1, 2015.", "summary": "Medicare Home Infusion Site of Care Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to authorize Medicare coverage of home infusion therapy and home infusion drugs. Directs the Secretary of Health and Human Services (HHS) to implement the Medicare home infusion therapy benefit in a manner that ensures that: (1) Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes, and (2) there is rapid and seamless coordination between drug coverage under Medicare part D (Voluntary Prescription Drug Benefit Program) and home infusion therapy services coverage under Medicare part B (Supplemental Security Income) (SSI) to avoid the filing of duplicative or otherwise improper claims."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wi-Fi Innovation Act''. SEC. 2. PROMOTING UNLICENSED SPECTRUM. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Dedicated short-range communications services.--The term ``Dedicated Short-Range Communications Services'' has the meaning given the term in section 90.7 of title 47, Code of Federal Regulations. (3) Dynamic frequency selection.--The term ``Dynamic Frequency Selection'' has the meaning given the term in section 15.403 of title 47, Code of Federal Regulations. (4) 5850-5925 mhz band.--The term ``5850-5925 MHz band'' has the meaning given the term in section 6406(c) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1453(c)). (5) NTIA.--The term ``NTIA'' means the National Telecommunications and Information Administration. (6) Technical rules suitable for the widespread commercial development of unlicensed operations.--The term ``technical rules suitable for the widespread commercial development of unlicensed operations'' means technical rules that, to the maximum extent feasible-- (A) permit outdoor unlicensed operations; (B) permit unlicensed operations at a maximum conducted transmitter output power limit of not less than 1 watt; and (C) do not require unlicensed devices to employ Dynamic Frequency Selection. (b) Modification of Regulations To Promote Unlicensed Use in the 5 GHz Band.-- (1) In general.-- (A) Provision of additional unlicensed spectrum.-- The Commission shall modify title 47, Code of Federal Regulations, to provide additional unlicensed spectrum in the 5850-5925 MHz band under technical rules suitable for the widespread commercial development of unlicensed operations in the band, as specified under paragraph (2). (B) NTIA cooperation.--The NTIA shall facilitate the modification described in subparagraph (A) by cooperating with the Commission to identify the spectrum management actions necessary to accommodate the regulatory changes specified under paragraph (2). (2) Required actions and modifications.-- (A) In general.-- (i) Office of engineering and technology public notice.--Not later than 3 months after the date of enactment of this Act, the Office of Engineering and Technology of the Commission shall issue a public notice seeking comment on proposals for-- (I) interference-mitigation techniques and technologies, and potential rechannelization, that would accommodate both incumbent licensees, including Dedicated Short Range Communications Services licensees, and widespread commercial unlicensed operations in the 5850-5925 MHz band; and (II) deployment timelines for the technologies described in subparagraph (I). (ii) NTIA response.--The NTIA, in response to the public notice issued under clause (i), shall publicly submit to the Office of Engineering and Technology a description of any current and anticipated further Federal uses of the 5850-5925 MHz band. (B) Test plan.-- (i) In general.--Not later than 6 months after the date of enactment of this Act, the Commission shall, in consultation with the Department of Transportation and the NTIA, develop and publish a test plan, including a timeline, for the use of unlicensed devices in the 5850-5925 MHz band. (ii) Requirement.--The test plan developed and published under clause (i) shall be designed to allow the Commission to evaluate technologies for allowing unlicensed devices to utilize the 5850-5925 MHz band without causing harmful interference to incumbent licensees, including Dedicated Short Range Communications Services licensees. (iii) Testing multiple methods.--The Commission may choose to test multiple methods of sharing the 5850-5925 MHz band. (iv) Considerations.--In developing the test plan under clause (i), the Commission shall consider-- (I) the comments filed in response to the public notice issued under subparagraph (A)(i); (II) the comments filed in response to ET Docket No. 13-49; (III) the functions currently authorized under exclusive allocation that could be performed by unlicensed or shared spectrum; (IV) whether a system of priority access could substitute for exclusive licensing and, if so, whether the system of priority access should be confined to-- (aa) particular portions of the 5850-5925 MHz band; and (bb) functions critical for dedicated short-range communications crash avoidance; (V) whether non-exclusive licensing or other forms of shared spectrum access could substitute for exclusive licensing; (VI) whether the Commission could promulgate rules to migrate existing licensees to an alternative band; (VII) whether, to protect critical public safety communications, the Commission could allow sharing in only a portion of the 5850-5925 MHz spectrum; and (VIII) whether shared use or a system of priority access-- (aa) causes harmful interference to incumbent licensees; or (bb) compromises safety-of- life uses by incumbent licensees that are necessary for advancing motor vehicle safety. (C) Testing; results.--Not later than 15 months after the date of enactment of this Act, the Commission, in consultation with the Department of Transportation and the NTIA, shall-- (i) conduct testing in accordance with the test plan developed under subparagraph (B); (ii) publish a summary of the results of the testing to the docket relating to the 5850- 5925 MHz band; and (iii) reference the results of the testing and the comments filed under subparagraph (A) in determining unlicensed device use of the 5850-5925 MHz band. (D) Regulations.-- (i) In general.--Not later than 18 months after the date of enactment of this Act-- (I) if the Commission determines that a mitigation technology, rechannelization, or other approach would allow unlicensed operations in the 5850-5925 MHz band that will not cause harmful interference to existing licensees of that band, the Commission shall modify part 15 of title 47, Code of Federal Regulations, to adopt technical rules suitable for the widespread commercial deployment of unlicensed operations for the 5850-5925 MHz band; or (II) if the Commission determines that no mitigation technology, rechannelization, or other sharing approach would prevent unlicensed operations in the 5850-5925 MHz band from causing harmful interference to existing licensees of that band, the Commission-- (aa) shall provide notification of the determination to-- (AA) Congress; (BB) the Department of Transportation; and (CC) the NTIA; and (bb) may not modify part 15 of title 47, Code of Federal Regulations, to adopt technical rules suitable for the widespread commercial deployment of unlicensed operations for the 5850-5925 MHz band until the Commission can ensure that such operations will not cause harmful interference to existing licensees of that band. (ii) Intelligent transportation systems.-- The Commission shall modify subpart M of part 90 of title 47, Code of Federal Regulations (relating to the Intelligent Transportation Systems radio service), and subpart L of part 95 of title 47, Code of Federal Regulations (relating to dedicated short-range communications service on-board units), if the Commission determines that such a modification would maximize the utility of the 5850-5925 MHz band while protecting existing licensees from harmful interference. SEC. 3. ASSESSING UNLICENSED SPECTRUM AND WI-FI USE IN LOW-INCOME NEIGHBORHOODS. (a) Study.-- (1) In general.--The Commission shall conduct a study to evaluate the availability of broadband Internet access using unlicensed spectrum and wireless networks in low income neighborhoods. (2) Requirements.--In conducting the study under paragraph (1), the Commission shall consider and evaluate-- (A) any barriers preventing or limiting the deployment and use of wireless networks in low-income neighborhoods; (B) how to overcome the barriers described in subparagraph (A) through incentives, policies, or requirements that would increase the availability of unlicensed spectrum and related technologies in low- income neighborhoods to increase broadband adoption by elementary and secondary school-age children in schools and at home in these communities; (C) proposals that would encourage the home broadband adoption by not less than 50 percent of households with elementary and secondary school-age children that are in low income neighborhoods; and (D) the availability of wireless Internet hot spots and access to unlicensed spectrum for children described in subparagraph (B). (b) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) summarizes the findings of the study conducted under subsection (a); and (2) makes recommendations with respect to the potential incentives, policies, and requirements described in subsection (a)(2)(B).", "summary": "Wi-Fi Innovation Act - Requires the Federal Communications Commission (FCC) to provide additional unlicensed spectrum in the 5850-5925 megahertz band under technical rules suitable for the widespread commercial development of unlicensed operations. Provides for such technical rules to permit outdoor unlicensed operations without requiring devices to dynamically detect signals from other systems. Directs the FCC's Office of Engineering and Technology to seek public comments on proposals for interference-mitigation techniques and potential rechannelization that would accommodate both incumbent licensees and widespread commercial unlicensed operations in such band. Sets forth a process for the FCC to test mitigation measures and methods of sharing spectrum with unlicensed devices within such band in a manner that would not cause harmful interference to incumbent licensees. Directs the FCC, if it determines that existing licensees would not be harmed by interference, to modify regulations to adopt technical rules for widespread commercial deployment of unlicensed operations for such band. Prohibits modification of such regulations if the FCC determines that mitigation, rechannelization, or sharing would not prevent harmful interference. Requires the FCC to notify Congress, the Department of Transportation (DOT), and the National Telecommunications and Information Administration (NTIA) of a harmful interference determination. Requires the FCC to modify regulations relating to Intelligent Transportation Systems radio service and dedicated short-range communications service on-board units if such modification would maximize utility of such band while protecting existing licensees. Directs the FCC to make recommendations to Congress regarding the availability of broadband Internet access using unlicensed spectrum and wireless networks in low income neighborhoods."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Resiliency, Security, and Source Water Protection Act''. SEC. 2. CLIMATE RESILIENCY, SECURITY, AND SOURCE WATER PROTECTION PLANNING. Section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i-2) is amended to read as follows: ``SEC. 1433. CLIMATE RESILIENCY, SECURITY, AND SOURCE WATER PROTECTION. ``(a) Source Water and Distribution System Vulnerability Assessments.-- ``(1) In general.--Not later than 24 months after the date of enactment of the Climate Resiliency, Security, and Source Water Protection Act, each community water system shall submit to the Administrator source water and distribution system vulnerability assessments. ``(2) Identification of threats.--Assessments submitted pursuant to paragraph (1) shall identify-- ``(A) threats to the community water system's source water from industrial activity, pipelines and storage tanks, contaminated sites, agricultural activity, and oil and gas exploration; ``(B) threats to the community water system's source water and distribution system from climate change, extreme weather, drought, and temperature changes; and ``(C) threats to the community water system's source water and distribution system from intentional acts, including intentional contamination, sabotage, and theft of any chemical of interest (as designated under Appendix A to part 27 of title 6, Code of Federal Regulations, or any successor thereto). ``(3) Assessment of alternatives.--Assessments submitted pursuant to paragraph (1) shall include a comparison of the disinfection methods used by the community water system and reasonably available alternative disinfection methods, including a determination of whether reasonably available alternative disinfection methods could reduce the community water system's vulnerability to the threats identified pursuant to paragraph (2). ``(4) Periodic review and resubmission.--Each community water system submitting a vulnerability assessment pursuant to paragraph (1) shall review, revise as necessary, and resubmit such assessment not less often than every 5 years. ``(5) Guidance.--Not later than 1 year after the date of enactment of the Climate Resiliency, Security, and Source Water Protection Act, the Administrator shall provide guidance to community water systems for the preparation of vulnerability assessments under this subsection. ``(b) Source Water and Distribution System Protection Plans.-- ``(1) In general.--Not later than 4 years after the date of enactment of the Climate Resiliency, Security, and Source Water Protection Act, each community water system shall submit to the Administrator source water and distribution system protection plans. ``(2) Mitigation of identified threats.--Plans submitted pursuant to paragraph (1) shall identify strategies and resources to mitigate the threats identified in assessments prepared pursuant to subsection (a). ``(3) Emergency response planning.--Plans submitted pursuant to paragraph (1) shall include specific emergency response plans for the threats identified in assessments prepared pursuant to subsection (a). ``(4) Periodic review and resubmission.--Each community water system submitting a plan pursuant to paragraph (1) shall review, revise as necessary, and resubmit such plan not less often than every 5 years. ``(5) Guidance.--Not later than one year after the date of enactment of the Climate Resiliency, Security, and Source Water Protection Act, the Administrator shall provide guidance to community water systems for the preparation of plans under this subsection. ``(c) Technical Assistance and Grants.-- ``(1) In general.--The Administrator shall establish and implement a program, to be known as the Drinking Water Infrastructure Resiliency and Sustainability Program, under which the Administrator may award grants in each of fiscal years 2017 through 2021 to owners or operators of community water systems for the purpose of increasing the resiliency or adaptability of the community water systems to threats identified pursuant to subsection (a). ``(2) Use of funds.--As a condition on receipt of a grant under this section, an owner or operator of a community water system shall agree to use the grant funds exclusively to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project consistent with a plan developed pursuant to subsection (b). ``(3) Priority.-- ``(A) Water systems at greatest and most immediate risk.--In selecting grantees under this subsection, the Administrator shall give priority to applicants that are owners or operators of community water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant negative impacts due to threats described in subsection (a)(2). ``(B) Goals.--In selecting among applicants described in subparagraph (A), the Administrator shall ensure that, to the maximum extent practicable, the final list of applications funded for each year includes a substantial number that propose to use innovative approaches to meet one or more of the following goals: ``(i) Promoting more efficient water use, water conservation, water reuse, or water recycling. ``(ii) Using decentralized, low-impact development technologies and nonstructural approaches, including practices that use, enhance, or mimic the natural hydrological cycle or protect natural flows. ``(iii) Reducing stormwater runoff or flooding by protecting or enhancing natural ecosystem functions. ``(iv) Modifying, upgrading, enhancing, or replacing existing community water system infrastructure in response to changing hydrologic conditions. ``(v) Improving water quality or quantity for agricultural and municipal uses, including through salinity reduction. ``(vi) Providing multiple benefits, including to water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement. ``(4) Cost-sharing.-- ``(A) Federal share.--The share of the cost of any activity that is the subject of a grant awarded by the Administrator to the owner or operator of a community water system under this subsection shall not exceed 50 percent of the cost of the activity. ``(B) Calculation of non-federal share.--In calculating the non-Federal share of the cost of an activity proposed by a community water system in an application submitted under this subsection, the Administrator shall-- ``(i) include the value of any in-kind services that are integral to the completion of the activity, including reasonable administrative and overhead costs; and ``(ii) not include any other amount that the community water system involved receives from the Federal Government. ``(5) Report to congress.--Not later than 3 years after the date of the enactment of the Climate Resiliency, Security, and Source Water Protection Act, and every 3 years thereafter, the Administrator shall submit to the Congress a report on progress in implementing this subsection, including information on project applications received and funded annually. ``(6) Authorization of appropriations.--To carry out this subsection, there are authorized to be appropriated $50,000,000 for each of fiscal years 2017 through 2021.''.", "summary": "Climate Resiliency, Security, and Source Water Protection Act This bill amends the Safe Drinking Water Act by requiring each community water system to submit to the Environmental Protection Agency (EPA) source water and distribution system vulnerability assessments that identify threats from: industrial activity, pipelines and storage tanks, contaminated sites, agricultural activity, and oil and gas exploration; climate change, extreme weather, drought, and temperature changes; and intentional acts, including intentional contamination, sabotage, and theft of any chemical of interest. Each community water system must also submit to the EPA protection plans that mitigate the threats to source water and distribution systems. The EPA must establish a grant program for increasing the resiliency or adaptability of the community water systems to threats."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Commission Act of 1998''. SEC. 2. EXTENSION AND AUTHORIZATION OF APPROPRIATIONS. (a) Extension.--Section 6 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975d) is amended by striking ``1996'' and inserting ``2001''. (b) Authorization.--The first sentence of section 5 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975c) is amended to read ``There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal years through fiscal year 2001.''. SEC. 3. STAFF DIRECTOR. Section 4(a)(1) of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975b(a)(1)) is amended-- (1) by striking ``There shall'' and inserting the following: ``(A) In general.--There shall''; (2) by striking ``(A)'' and inserting the following: ``(i)''; (3) by striking ``(B)'' and inserting the following: ``(ii)''; and (4) by adding at the end the following: ``(B) Term of office.--The term of office of the Staff Director shall be 4 years. ``(C) Review and retention.--The Commission shall annually review the performance of the staff director.''. SEC. 4. APPLICATION OF FREEDOM OF INFORMATION, PRIVACY, SUNSHINE, AND ADVISORY COMMITTEE ACTS. Section 4 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975b) is amended by adding at the end the following: ``(f) Application of Certain Provisions of Law.--The Commission shall be considered to be an agency, as defined in section 551(1) of title 5, United States Code, for the purposes of sections 552, 552a, and 552b of title 5, United States Code, and for the purposes of the Federal Advisory Committee Act.''. SEC. 5. REQUIREMENT FOR INDEPENDENT AUDIT. Section 4 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975b) is further amended by adding at the end the following: ``(g) Independent Audit.--Beginning with the fiscal year ending September 30, 1998, and each year thereafter, the Commission shall prepare an annual financial statement in accordance with section 3515 of title 31, United States Code, and shall have the statement audited by an independent external auditor in accordance with section 3521 of such title.''. SEC. 6. TERMS OF MEMBERS. (a) In General.--Section 2(c) of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975(c)) is amended by striking ``6 years'' and inserting ``5 years''. (b) Applicability.--The amendment made by this section shall apply only with respect to terms of office commencing after the date of the enactment of this Act. SEC. 7. REPORTS. Section 3(c)(1) of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a(c)(1)) is amended by striking ``at least one report annually'' and inserting ``a report on or before September 30 of each year''. SEC. 8. SPECIFIC DIRECTIONS TO THE COMMISSION. (a) Implementation of GAO Recommendations.--The Commission shall, not later than June 30, 1998, implement the United States General Accounting Office recommendations regarding revision of the Commission's Administrative Instructions and structural regulations to reflect the current agency structure, and establish a management information system to enhance the oversight and project efficiency of the Commission. (b) ADA Enforcement Report.--Not later than September 30, 1998, the Commission shall complete and submit a report regarding the enforcement of the Americans with Disabilities Act of 1990. (c) Religious Freedom in Public Schools.-- (1) Report required.--Not later than September 30, 1998, the Commission shall prepare, and submit under section 3 of the Civil Rights Commission Act of 1983, a report evaluating the policies and practices of public schools to determine whether laws are being effectively enforced to prevent discrimination or the denial of equal protection of the law based on religion, and whether such laws need to be changed in order to protect more fully the constitutional and civil rights of students and of teachers and other school employees. (2) Review of enforcement activities.--Such report shall include a review of the enforcement activities of Federal agencies, including the Departments of Justice and Education, to determine if those agencies are properly protecting the religious freedom in schools. (3) Description of rights.--Such report shall also include a description of-- (A) the rights of students and others under the Federal Equal Access Act (20 U.S.C. 4071 et seq.), constitutional provisions regarding equal access, and other similar laws; (B) the rights of students and teachers and other school employees to be free from discrimination in matters of religious expression and the accommodation of the free exercise of religion; and (C) issues relating to religious non-discrimination in curriculum construction. (d) Crisis of Young African-American Males Report.--Not later than September 30, 1999, the Commission shall submit a report on the crisis of young African-American males. (e) Fair Employment Law Enforcement Report.--Not later than September 30, 1999, the Commission shall submit a report on fair employment law enforcement. (f) Regulatory Obstacles Confronting Minority Entrepreneurs.--Not later than September 30, 1999, the Commission shall develop and carry out a study on the civil rights implications of regulatory obstacles confronting minority entrepreneurs, and report the results of such study under section 3 of the Civil Rights Commission Act of 1983. SEC. 9. ADVISORY COMMITTEES. Section 3(d) of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a(d)) is amended by adding at the end the following: ``The purpose of each such advisory committee shall be to conduct fact finding activities and develop findings or recommendations for the Commission. Any report by such an advisory committee to the Commission shall be fairly balanced as to the viewpoints represented.''. Passed the House of Representatives March 18, 1998. Attest: Robin H. Carle, Clerk.", "summary": "Civil Rights Commission Act of 1998 - Amends the Civil Rights Commission Act of 1983 to extend the termination date of the United States Commission on Civil Rights. Authorizes appropriations to carry out that Act. Sets a four-year term of office for the Commission's staff director and requires the Commission to annually review the staff director's performance. Includes the Commission in the term \"agency\" for purposes of the Freedom of Information Act, the Privacy Act of 1974, the Government in the Sunshine Act, and the Federal Advisory Committee Act. Requires the Commission to prepare an annual financial statement and have the statement audited by an independent external auditor. Shortens Commission Members' terms of office to five years. Requires the Commission to implement the General Accounting Office's recommendations regarding revision of the Commission's Administrative Instructions and structural regulations and to establish a management information system. Requires the Commission to report regarding: (1) enforcement of the Americans with Disabilities Act of 1990; (2) religious freedom in public schools; (3) the crisis of young African-American males; (4) fair employment law enforcement; and (5) the civil rights implications of regulatory obstacles confronting minority entrepreneurs. Declares that the purpose of advisory committees constituted by the Commission is to conduct fact finding and develop findings or recommendations. Requires any report by an advisory committee to be fairly balanced in the viewpoints represented."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Spending Reduction Act''. SEC. 2. REQUIREMENT FOR AGENCY REPORTS ON REDUCING DUPLICATION, ACHIEVING SAVINGS, AND ENHANCING REVENUE. (a) Report Requirement.--Not later than 90 days after the date of the enactment of this Act, the head of each executive agency shall submit to the President and Congress a report on the implementation of recommendations made by the following reports of the Government Accountability Office: (1) The March 2011 Government Accountability Office report to Congress titled ``Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue'' (GAO-11-318SP). (2) The February 2012 Government Accountability Office report to Congress titled ``Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue'' (GAO-12-342SP). (3) The April 2013 Government Accountability Office report to Congress titled ``Actions Needed to Reduce Fragmentation, Overlap, and Duplication and Achieve Other Financial Benefits'' (GAO-13-279SP). (b) Matters Covered in Reports.--Each report required by subsection (a) shall include the following: (1) A discussion by the head of the executive agency of matters on which the agency agrees, disagrees, or partially agrees with the Government Accountability Office, and recommendations by the head of the agency for actions that should be taken in the agency as a result of the reports described in subsection (a). (2) An opinion by the Comptroller General of the United States on whether each such recommendation by the head of the executive agency under paragraph (1) is consistent with the intent of the Government Accountability Office reports described in subsection (a). (3) A proposal for legislative changes, if any, necessary to implement the recommendations by the head of the executive agency under paragraph (1). (4) A statement of the annual impact on costs to the Federal Government, including cost savings, expected to occur as a result of the implementation of such recommendations. (5) Such other information as the head of the executive agency determines appropriate. SEC. 3. IMPLEMENTATION. (a) Implementation.--Not later than 150 days after the date of the enactment of this Act, the head of each executive agency shall begin to implement the recommendations submitted in the report by the head of that agency under section 2, in order to eliminate, consolidate, streamline, or better coordinate Government programs and agencies with duplicative, overlapping, or fragmented missions identified in the Government Accountability Office reports described in section 2(a). (b) Congressional Disapproval.-- (1) The head of an executive agency may not carry out any recommendations contained in the report submitted to Congress under section 2 by the head of the agency if a joint resolution is enacted, in accordance with the provisions of section 4, disapproving such recommendations before the earlier of-- (A) the end of the 45-day period beginning on the date on which the head of the executive agency submits such report; or (B) the adjournment of Congress sine die for the session during which such report is submitted. (2) For purposes of paragraph (1) of this subsection and subsections (a) and (b) of section 4, the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of a period. SEC. 4. CONGRESSIONAL CONSIDERATION OF EXECUTIVE AGENCY REPORT. (a) Terms of the Resolution.--For purposes of section 3(b), the term ``joint resolution'' means only a joint resolution which is introduced within the 10-day period beginning on the date on which the head of an executive agency submits the report relating to that executive agency to Congress under section 2, and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That Congress disapproves the recommendations as submitted by _____ on _____'', the first blank space being filled in with the title of the head of the executive agency submitting the report, and the second blank space being filled in with the appropriate date; and (3) the title of which is as follows: ``Joint resolution disapproving the recommendations of the ______.'', the blank space being filled in with the title of the head of the executive agency submitting the report. (b) Referral.--A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the committee with jurisdiction over the executive agency concerned. A resolution described in subsection (a) introduced in the Senate shall be referred to the committee with jurisdiction over the executive agency concerned. (c) Discharge.--If the committee to which a resolution described in subsection (a) is referred has not reported such a resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the head of the executive agency concerned submits the report to the Congress under section 2, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. DEFINITION. In this Act, the term ``executive agency'' has the meaning provided in section 133 of title 41, United States Code.", "summary": "Spending Reduction Act - Requires the head of each executive agency to submit to the President and Congress a report on the implementation of recommendations made by specified Government Accountability Office (GAO) reports on reducing duplication in government programs, achieving savings, and enhancing revenue. Requires: (1) such agency reports to include recommendations by the agency heads for actions that should be taken as a result of such GAO reports; and (2) agency heads to begin implementation of such recommendations in order to eliminate, consolidate, streamline, or better coordinate government programs and agencies with duplicative, overlapping, or fragmented missions identified in the GAO reports, unless Congress enacts a joint resolution disapproving them."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Safety Enhancement Act of 2008''. SEC. 2. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE. Section 106 of title 49, United States Code, is amended by adding at the end the following: ``(s) Aviation Safety Whistleblower Investigation Office.-- ``(1) Establishment.--There is established in the Federal Aviation Administration (in this section referred to as the `Agency') an Aviation Safety Whistleblower Investigation Office (in this subsection referred to as the `Office'). ``(2) Director.-- ``(A) Appointment.--The head of the Office shall be the Director, who shall be appointed by the Secretary of Transportation. ``(B) Qualifications.--The Director shall have a demonstrated ability in investigations and knowledge of or experience in aviation. ``(C) Term.--The Director shall be appointed for a term of 5 years. ``(D) Vacancy.--Any individual appointed to fill a vacancy in the position of the Director occurring before the expiration of the term for which the individual's predecessor was appointed shall be appointed for the remainder of that term. ``(3) Complaints and investigations.-- ``(A) Authority of director.--The Director shall-- ``(i) receive complaints and information submitted by employees of persons holding certificates issued under title 14, Code of Federal Regulations, and employees of the Agency concerning the possible existence of an activity relating to a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety; ``(ii) assess complaints and information submitted under clause (i) and determine whether a substantial likelihood exists that a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred; and ``(iii) based on findings of the assessment conducted under clause (ii), make recommendations to the Administrator in writing for further investigation or corrective actions. ``(B) Disclosure of identities.--The Director shall not disclose the identity of an individual who submits a complaint or information under subparagraph (A)(i) unless-- ``(i) the individual consents to the disclosure in writing; or ``(ii) the Director determines, in the course of an investigation, that the disclosure is unavoidable. ``(C) Independence of director.--The Secretary, the Administrator, or any officer or employee of the Agency may not prevent or prohibit the Director from initiating, carrying out, or completing any assessment of a complaint or information submitted subparagraph (A)(i) or from reporting to Congress on any such assessment. ``(D) Access to information.--In conducting an assessment of a complaint or information submitted under subparagraph (A)(i), the Director shall have access to all records, reports, audits, reviews, documents, papers, recommendations, and other material necessary to determine whether a substantial likelihood exists that a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred. ``(4) Responses to recommendations.--The Administrator shall respond to a recommendation made by the Director under subparagraph (A)(iii) in writing and retain records related to any further investigations or corrective actions taken in response to the recommendation. ``(5) Incident reports.--If the Director determines there is a substantial likelihood that a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred that requires immediate corrective action, the Director shall report the potential violation expeditiously to the Administrator and the Inspector General of the Department of Transportation. ``(6) Reporting of criminal violations to inspector general.--If the Director has reasonable grounds to believe that there has been a violation of Federal criminal law, the Director shall report the violation expeditiously to the Inspector General. ``(7) Annual reports to congress.--Not later than October 1 of each year, the Director shall submit to Congress a report containing-- ``(A) information on the number of submissions of complaints and information received by the Director under paragraph (3)(A)(i) in the preceding 12-month period; ``(B) summaries of those submissions; ``(C) summaries of further investigations and corrective actions recommended in response to the submissions; and ``(D) summaries of the responses of the Administrator to such recommendations.''. SEC. 3. MODIFICATION OF CUSTOMER SERVICE INITIATIVE. (a) Findings.--Congress finds the following: (1) Subsections (a) and (d) of section 40101 of title 49, United States Code, directs the Federal Aviation Administration (in this section referred to as the ``Agency)'') to make safety its highest priority. (2) In 1996, to ensure that there would be no appearance of a conflict of interest for the Agency in carrying out its safety responsibilities, Congress amended section 40101(d) of such title to remove the responsibilities of the Agency to promote airlines. (3) Despite these directives from Congress regarding the priority of safety, the Agency issued a vision statement in which it stated that it has a ``vision'' of ``being responsive to our customers and accountable to the public'' and, in 2003, issued a customer service initiative that required aviation inspectors to treat air carriers and other aviation certificate holders as ``customers'' rather than regulated entities. (4) The initiatives described in paragraph (3) appear to have given regulated entities and Agency inspectors the impression that the management of the Agency gives an unduly high priority to the satisfaction of regulated entities regarding its inspection and certification decisions and other lawful actions of its safety inspectors. (5) As a result of the emphasis on customer satisfaction, some managers of the Agency have discouraged vigorous enforcement and replaced inspectors whose lawful actions adversely affected an air carrier. (b) Modification of Initiative.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall modify the customer service initiative, mission and vision statements, and other statements of policy of the Agency-- (1) to remove any reference to air carriers or other entities regulated by the Agency as ``customers''; (2) to clarify that in regulating safety the only customers of the Agency are individuals traveling on aircraft; and (3) to clarify that air carriers and other entities regulated by the Agency do not have the right to select the employees of the Agency who will inspect their operations. (c) Safety Priority.--In carrying out the Administrator's responsibilities, the Administrator shall ensure that safety is given a higher priority than preventing the dissatisfaction of an air carrier or other entity regulated by the Agency with an employee of the Agency. SEC. 4. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS. (a) In General.--Section 44711 of title 49, United States Code, is amended by adding at the end the following: ``(d) Post-Employment Restrictions for Flight Standards Inspectors.-- ``(1) Prohibition.--A person holding an operating certificate issued under title 14, Code of Federal Regulations, may not knowingly employ, or make a contractual arrangement which permits, an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration (in this subsection referred to as the `Agency') if the individual, in the preceding 2-year period-- ``(A) served as, or was responsible for oversight of, a flight standards inspector of the Agency; and ``(B) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder. ``(2) Written and oral communications.--For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Agency if the individual makes any written or oral communication on behalf of the certificate holder to the Agency (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a flight standards inspector of the Agency.''. (b) Applicability.--The amendment made by subsection (a) shall not apply to an individual employed by a certificate holder as of the date of enactment of this Act. SEC. 5. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS. (a) In General.--An individual serving as a principal supervisory inspector of the Federal Aviation Administration (in this section referred to as the ``Agency)'' may not be responsible for overseeing the operations of a single air carrier for a continuous period of more than 5 years. (b) Transitional Provision.--An individual serving as a principal supervisory inspector of the Agency with respect to an air carrier as of the date of enactment of this Act may be responsible for overseeing the operations of the carrier until the last day of the 5-year period specified in subsection (a) or last day of the 2-year period beginning on such date of enactment, whichever is later. (c) Issuance of Order.--Not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue an order to carry out this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this section. SEC. 6. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM DATABASE. (a) Reviews.--The Administrator of the Federal Aviation Administration shall establish a process by which the air transportation oversight system database of the Federal Aviation Administration (in this section referred to as the ``Agency'') is reviewed by a team of employees of the Agency on a monthly basis to ensure that-- (1) any trends in regulatory compliance are identified; and (2) appropriate corrective actions are taken in accordance with Agency regulations, advisory directives, policies, and procedures. (b) Monthly Team Reports.-- (1) In general.--The team of employees conducting a monthly review of the air transportation oversight system database under subsection (a) shall submit to the Administrator, the Associate Administrator for Aviation Safety, and the Director of Flight Standards a report on the results of the review. (2) Contents.--A report submitted under paragraph (1) shall identify-- (A) any trends in regulatory compliance discovered by the team of employees in conducting the monthly review; and (B) any corrective actions taken or proposed to be taken in response to the trends. (c) Quarterly Reports to Congress.--The Administrator, on a quarterly basis, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of reviews of the air transportation oversight system database conducted under this section, including copies of reports received under subsection (b). Passed the House of Representatives July 22, 2008. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Aviation Safety Enhancement Act of 2008 - Establishes in the Federal Aviation Administration (FAA) an Aviation Safety Whistleblower Investigation Office, with a Director appointed by the Secretary of Transportation, which shall receive and assess complaints and information relating to possible violations of aviation safety laws and regulations. Directs the FAA Administrator to modify the FAA customer service initiative, mission and vision, and other policy statements to: (1) remove any reference to air carriers or other entities regulated by the FAA as \"customers\"; (2) state that in regulating safety the only FAA customers are individuals traveling on aircraft; and (3) state that air carriers and other entities regulated by the FAA do not have the right to select the FAA employees who will inspect their operations. Prohibits any person holding an air carrier operating certificate from knowingly employing, or contracting with, an individual to act as an agent or representative of the certificate holder in any matter before the FAA if, in the preceding two-year period, the individual: (1) served as, or was responsible for oversight of, an FAA flight standards inspector; and (2) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder. Prohibits any individual serving as a principal supervisory inspector of the FAA from being responsible for overseeing the operations of a single air carrier for a continuous period of more than five years. Authorizes appropriations. Directs the FAA Administrator to establish a process by which the FAA air transportation oversight system database is reviewed by a team of FAA employees on a monthly basis to ensure that: (1) any trends in regulatory compliance are identified; and (2) appropriate corrective actions are taken."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Officer Medal of Valor Act of 1998''. SEC. 2. AUTHORIZATION OF MEDAL. The President may award, and present in the name of Congress, a Medal of Valor of appropriate design, with ribbons and appurtenances, to a public safety officer who is cited by the Attorney General, on the advice of the Medal of Valor Review Board, for extraordinary valor above and beyond the call of duty. SEC. 3. BOARD. (a) Board.--There is established a permanent Medal of Valor Review Board (hereinafter in this Act referred to as the ``Board''). The Board shall-- (1) be composed of 11 members appointed in accordance with subsection (b); and (2) conduct its business in accordance with this Act. (b) Membership.-- (1) In general.--The members of the Board shall be appointed as follows: (A) Two shall be appointed by the Speaker of the House of Representatives. (B) Two shall be appointed by the minority leader of the House of Representatives. (C) Two shall be appointed by the Majority Leader of the Senate. (D) Two shall be appointed by the Minority Leader of the Senate. (E) Three shall be appointed by the President, one of whom shall have substantial experience in firefighting, one of whom shall have substantial experience in law enforcement, and one of whom shall have substantial experience in emergency services. (2) Persons eligible.--The members of the Board shall be individuals who have knowledge or expertise, whether by experience or training, in the field of public safety. (3) Term.--The term of a Board member is 4 years. (4) Vacancies.--Any vacancy in the membership of the Board shall not affect the powers of the Board and shall be filled in the same manner as the original appointment. (5) Operation of the board.-- (A) Meetings.--The Board shall meet at the call of the Chairman and not less than twice each year. The initial meeting of the Board shall be conducted not later than 30 days after the appointment of the last member of the Board. (B) Quorum; voting; rules.--A majority of the members of the Board shall constitute a quorum to conduct business, but the Board may establish a lesser quorum for conducting hearings scheduled by the Board. The Board may establish by majority vote any other rules for the conduct of the Board's business, if such rules are not inconsistent with this Act or other applicable law. (c) Duties.--The Board shall select candidates as recipients of the Medal of Valor from among those applications received by the National Medal Office. Not more often than once each year, the Board shall present to the Attorney General the name or names of those it recommends as Medal of Valor recipients. In a given year, the Board is not required to choose any names, but is limited to a maximum number of 6 recipients. The Board shall set an annual timetable for fulfilling its duties under this Act. (d) Hearings.-- (1) In general.--The Board may hold such hearings, sit and act at such times and places, administer such oaths, take such testimony, and receive such evidence as the Board considers advisable to carry out its duties. (2) Witness expenses.--Witnesses requested to appear before the Board may be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Board. (e) Information From Federal Agencies.--The Board may secure directly from any Federal department or agency such information as the Board considers necessary to carry out its duties. Upon the request of the Board, the head of such department or agency may furnish such information to the Board. (f) Information To Be Kept Confidential.--The Board shall not disclose any information which may compromise an ongoing law enforcement investigation or is otherwise required by law to be kept confidential. SEC. 4. BOARD PERSONNEL MATTERS. (a) Compensation of Members.--(1) Except as provided in paragraph (2), each member of the Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. (2) All members of the Board who serve as officers or employees of the United States, a State, or a local government, shall serve without compensation in addition to that received for those services. (b) Travel Expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. SEC. 5. DEFINITIONS. For the purposes of this Act: (1) Public safety officer.--The term ``Public Safety Officer'' has the same meaning given that term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968. (2) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. SEC. 7. OFFICE. There is established within the Department of Justice a national medal office. The office shall staff the Medal of Valor Review Board and establish criteria and procedures for the submission of recommendations of nominees for the Medal of Valor. SEC. 8. CONFORMING REPEAL. Section 15 of the Federal Fire Prevention and Control Act of 1974 is repealed. SEC. 9. CONSULTATION REQUIREMENT. The Attorney General shall consult with the Institute of Heraldry within the Department of Defense regarding the design and artistry of the Medal of Valor. The Attorney General shall also consider suggestions received by the Department of Justice regarding the design of the medal, including those made by persons not employed by the Department. Passed the House of Representatives September 9, 1998. Attest: ROBIN H. CARLE, Clerk.", "summary": "Public Safety Officer Medal of Valor Act of 1998 - Authorizes the President to award, and present in the name of the Congress, a Medal of Valor to a public safety officer who is cited by the Attorney General, on the advice of the Medal of Valor Review Board (established by this Act), for extraordinary valor above and beyond the call of duty. Establishes a permanent Medal of Valor Review Board to select candidates as recipients of the Medal from among those applications received by the National Medal Office (established by this Act). Authorizes appropriations. Establishes within the Department of Justice a National Medal Office to staff the Review Board and to establish criteria and procedures for the submission of recommendations of nominees for the Medal. Repeals provisions of the Fire Prevention and Control Act of 1974 establishing the President's Award for Outstanding Public Safety Service and the Secretary of Commerce's Award for Distinguished Public Safety Service. Directs the Attorney General to: (1) consult with the Institute of Heraldry within the Department of Defense regarding the design and artistry of the Medal of Valor; and (2) consider suggestions received by the Department of Justice regarding the design of the medal, including those made by persons not employed by the Department."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Antiboycott Act''. SEC. 2. ANTIBOYCOTT PROVISIONS. (a) Findings.--The Congress finds that-- (1) the Arab League boycott of Israel, and the secondary boycott of United States firms that have commercial ties with Israel, are an impediment to investment, trade, economic development, and peace in the Middle East and North Africa; (2) it is in the common interest of the people of Israel and the Arab states that the Arab League boycott be terminated, that the Central Office for the Boycott of Israel be closed, and that Arab League states normalize relations with their neighbor Israel; and (3) the President, the Secretary of State, and the Secretary of Commerce should continue to vigorously oppose the Arab League boycott of Israel and use the authorities enacted into law by Congress to take concrete steps to seek an end to the Arab League boycott. (b) Policy.--It is the policy of the United States-- (1) to oppose restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States or against any United States person; (2) to encourage and, in specified cases, require United States persons engaged in the export of goods or technology or other information to refuse to take actions, including furnishing information or entering into or implementing agreements, which have the effect of furthering or supporting the restrictive trade practices or boycotts fostered or imposed by any foreign country against a country friendly to the United States or against any United States person; and (3) to foster international cooperation and the development of international rules and institutions to assure reasonable access to world supplies. (c) Prohibitions and Exceptions.-- (1) Prohibitions.--In order to carry out the purposes set forth in subsection (b), the Secretary of Commerce (in this Act referred to as the ``Secretary'') shall issue regulations prohibiting any United States person, with respect to that person's activities in the interstate or foreign commerce of the United States, from taking or knowingly agreeing to take any of the following actions with intent to comply with, further, or support any boycott fostered or imposed by a foreign country against a country that is friendly to the United States and is not itself the object of any form of boycott pursuant to United States law or regulation: (A) Refusing, or requiring any other person to refuse, to do business with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, pursuant to an agreement with, or requirement of, or a request from or on behalf of the boycotting country. The mere absence of a business relationship with or in the boycotted country with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, does not indicate the existence of the intent required to establish a violation of regulations issued to carry out this subparagraph. (B) Refusing, or requiring any other person to refuse, to employ or otherwise discriminate against any United States person on the basis of the race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person. (C) Furnishing information with respect to the race, religion, sex, or national origin of any United States person or of any owner, officer, director, or employee of such person. (D) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person which is known or believed to be restricted from having any business relationship with or in the boycotting country. Nothing in this subparagraph shall prohibit the furnishing of normal business information in a commercial context as defined by the Secretary. (E) Furnishing information about whether any person is a member of, has made a contribution to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization that supports the boycotted country. (F) Paying, honoring, confirming, or otherwise implementing a letter of credit that contains any condition or requirement the compliance with which is prohibited by regulations issued pursuant to this paragraph, and no United States person shall, as a result of the application of this paragraph, be obligated to pay or otherwise honor or implement such letter of credit. (2) Exceptions.--Regulations issued pursuant to paragraph (1) may provide exceptions for-- (A) compliance, or agreement to comply, with requirements-- (i) prohibiting the import of items from the boycotted country or items produced or provided, by any business concern organized under the laws of the boycotted country or by nationals or residents of the boycotted country; or (ii) prohibiting the shipment of items to the boycotting country on a carrier of the boycotted country or by a route other than that prescribed by the boycotting country or the recipient of the shipment; (B) compliance, or agreement to comply, with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment, or the name of the provider of other services, except that, for purposes of applying any exception under this subparagraph, no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipment as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation; (C) compliance, or agreement to comply, in the normal course of business with the unilateral and specific selection by a boycotting country, or a national or resident thereof, of carriers, insurers, suppliers of services to be performed within the boycotting country, or specific items which, in the normal course of business, are identifiable by source when imported into the boycotting country; (D) compliance, or agreement to comply, with export requirements of the boycotting country relating to shipment or transshipment of exports to the boycotted country, to any business concern of or organized under the laws of the boycotted country, or to any national or resident of the boycotted country; (E) compliance by an individual, or agreement by an individual to comply, with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and (F) compliance by a United States person resident in a foreign country, or agreement by such a person to comply, with the laws of the country with respect to the person's activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of the foreign country governing imports into such country of trademarked, trade-named, or similarly specifically identifiable products, or components of products for such person's own use, including the performance of contractual services within that country. (3) Limitation on exceptions.--Regulations issued pursuant to paragraphs (2)(C) and (2)(F) shall not provide exceptions from paragraphs (1)(B) and (1)(C). (4) Antitrust and civil rights laws not affected.--Nothing in this subsection may be construed to supersede or limit the operation of the antitrust or civil rights laws of the United States. (5) Evasion.--This section applies to any transaction or activity undertaken by or through a United States person or any other person with intent to evade the provisions of this section or the regulations issued pursuant to this subsection. The regulations issued pursuant to this section shall expressly provide that the exceptions set forth in paragraph (2) do not permit activities or agreements (expressed or implied by a course of conduct, including a pattern of responses) otherwise prohibited, which are not within the intent of such exceptions. (d) Reports.-- (1) In general.--Regulations issued under this section shall require that any United States person receiving a request to furnish information, enter into or implement an agreement, or take any other action referred to in subsection (c) shall report that request to the Secretary, together with any other information concerning the request that the Secretary determines appropriate. The person shall also submit to the Secretary a statement regarding whether the person intends to comply, and whether the person has complied, with the request. (2) Public availability of reports.--Any report filed pursuant to this subsection shall be made available promptly for public inspection and copying, except that information regarding the quantity, description, and value of any item to which such report relates may be kept confidential if the Secretary determines that disclosure of that information would place the United States person involved at a competitive disadvantage. (3) Summaries to secretary of state.--The Secretary shall periodically transmit summaries of the information contained in the reports filed pursuant to this subsection to the Secretary of State for such action as the Secretary of State, in consultation with the Secretary, considers appropriate to carry out the purposes set forth in subsection (b). (e) Preemption.--The provisions of this section and the regulations issued under this section shall preempt any law, rule, or regulation that-- (1) is a law, rule, or regulation of any of the several States or the District of Columbia, or any of the territories or possessions of the United States, or of any governmental subdivision thereof; and (2) pertains to participation in, compliance with, implementation of, or the furnishing of information regarding restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries. (f) Penalties.-- (1) Unlawful acts.--It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of this section or of any regulation or order issued under this section. (2) Criminal penalty.--A person who, with knowledge or intent, commits, attempts to commit, or conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (c) shall, upon conviction, be fined not more than $1,000,000, or, if a natural person, be imprisoned for not more than 20 years, or both. (3) Civil penalties.-- (A) Authority.--The President may impose the following civil penalties on a person for each violation by that person of this section or any regulation or order issued under this section, for each violation: (i) A fine of not more than $250,000. (ii) A prohibition on the person's ability to export any goods, technology, or services, whether or not a license has been issued previously to authorize such an export. (B) Procedures.--Any civil penalty under this subsection may be imposed only after notice and opportunity for an agency hearing on the record in accordance with sections 554 through 557 of title 5, United States Code, and shall be subject to judicial review in accordance with chapter 7 of such title. (C) Standards for levels of civil penalty.--The President may by regulation provide standards for establishing levels of civil penalty under this paragraph based upon the seriousness of the violation, the culpability of the violator, and the violator's record of cooperation with the Government in disclosing the violation. (g) Annual Report.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the President shall report to the Congress on the implementation and enforcement of this section and on additional steps taken by the United States to bring about the termination of the Arab League boycott of Israel and to encourage Arab League states to normalize their relations with Israel. (h) Definition.--In this section, the term ``United States person''-- (1) means-- (A) any United States resident or national; (B) any domestic concern (including any permanent domestic establishment of any foreign concern); and (C) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern, as determined under regulations of the President; but (2) does not include an individual resident outside the United States who is employed by a person other than a person described in paragraph (1).", "summary": "Antiboycott Act - States that: (1) the Arab League boycott of Israel and the secondary boycott of U.S. firms that have commercial ties with Israel are an impediment to economic development and peace in the Middle East and North Africa; and (2) the President, the Secretary of State, and the Secretary of Commerce should seek an end to the Arab League boycott of Israel. Directs the Secretary of Commerce to issue regulations prohibiting, with specified exceptions, any U.S. person from taking specified actions that support any boycott imposed by a foreign country against a country that is friendly to the United States and is not itself the object of any form of boycott pursuant to United States law or regulation. Sets forth criminal and civil penalties for violations of such regulations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Workers' Political Rights Act''. SEC. 2. LIMITATION ON CONTRIBUTIONS AND EXPENDITURES BY LABOR ORGANIZATIONS. (a) Contributions to All Political Committees Included.--Paragraph (2) of section 316(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``political committee,'' after ``campaign committee,''. (b) Applicability of Requirements to Labor Organizations.--Section 316(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)) is amended by adding at the end thereof the following new paragraph: ``(8)(A) Subparagraphs (A), (B), and (C) of paragraph (2) shall not apply to a labor organization unless the organization meets the requirements of subparagraphs (B), (C), and (D). ``(B) The requirements of this subparagraph are met only if the labor organization provides, at least once annually, to all employees within the labor organization's bargaining unit or units (and to new employees within 30 days after commencement of their employment) written notification presented in a manner to inform any such employee-- ``(i) that an employee cannot be obligated to pay, through union dues or any other mandatory payment to a labor organization, for the political activities of the labor organization, including, but not limited to, the maintenance and operation of, or solicitation of contributions to, a political committee, political communications to members, and voter registration and get-out-the-vote campaigns; ``(ii) that no employee may be required actually to join any labor organization, but if a collective bargaining agreement covering an employee purports to require membership or payment of dues or other fees to a labor organization as a condition of employment, the employee may elect instead to pay an agency fee to the labor organization; ``(iii) that the amount of the agency fee shall be limited to the employee's pro rata share of the cost of the labor organization's exclusive representation services to the employee's collective bargaining unit, including collective bargaining, contract administration, and grievance adjustment; ``(iv) that an employee who elects to be a full member of the labor organization and pay membership dues is entitled to a reduction of those dues by the employee's pro rata share of the total spending by the labor organization for political activities; ``(v) that the cost of the labor organization's exclusive representation services, and the amount of spending by such organization for political activities, shall be computed on the basis of such cost and spending for the immediately preceding fiscal year of such organization; and ``(vi) of the amount of the labor organization's full membership dues, initiation fees, and assessments for the current year; the amount of the reduced membership dues, subtracting the employee's pro rata share of the organization's spending for political activities, for the current year; and the amount of the agency fee for the current year. ``(C) The requirements of this subparagraph are met only if the labor organization provides all represented employees an annual examination by an independent certified public accountant of financial statements supplied by such organization which attests that the expenditures which the union claimed it made for certain expenses were actually made for those expenses. Such examination shall be conducted in accordance with generally accepted auditing standards. ``(D) The requirements of this subparagraph are met only if the labor organization-- ``(i) maintains procedures to promptly determine the costs that may properly be charged to agency fee payors as costs of exclusive representation, and explains such procedures in the written notification required under subparagraph (B); and ``(ii) if any person challenges the costs which may be properly charged as costs of exclusive representation-- ``(I) provides a mutually selected impartial decisionmaker to hear and decide such challenge pursuant to rules of discovery and evidence and subject to de novo review by the National Labor Relations Board or an applicable court; and ``(II) places in escrow amounts reasonably in dispute pending the outcome of the challenge. ``(E)(i) A labor organization that does not satisfy the requirements of subparagraphs (B), (C), and (D) shall finance any expenditures specified in subparagraphs (A), (B), or (C) of paragraph (2) only with funds legally collected under this Act for its separate segregated fund. ``(ii) For purposes of this paragraph, subparagraph (A) of paragraph (2) shall apply only with respect to communications expressly advocating the election or defeat of any clearly identified candidate for elective public office.''. SEC. 3. EFFECTIVE DATE. The amendments made by section 2 shall apply to contributions and expenditures made after the date of the enactment of this Act.", "summary": "Workers' Political Rights Act - Amends the Federal Election Campaign Act of 1971 to permit a labor organization to make political communications and establish and solicit contributions for a separate segregated political fund if it provides the employees it represents with written notification of specified information."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi Benefits Termination Act of 2001''. SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS. (a) In General.--Notwithstanding any other provision of law, an individual who is determined under this Act to have been a participant in Nazi persecution is not eligible for any Federal public benefit. (b) Definitions.--In this Act: (1) Federal public benefit.--The term ``Federal public benefit'' has the meaning given such term by section 401(c)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)(1)), but shall not include any benefit described in section 401(b)(1) of such Act (8 U.S.C. 1611(b)(1)) (and, for purposes of applying such section 401(b)(1), the term ``alien'' shall be considered to mean any individual). (2) Participant in nazi persecution.--The term ``participant in Nazi persecution'' means an individual who-- (A) if an alien (as such term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))), has committed one or more of the acts described in section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)); or (B) if a citizen of the United States-- (i) has procured citizenship illegally or by concealment of a material fact or willful misrepresentation; and (ii) has committed one or more of the acts described in section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)). (3) Respondent.--The term ``respondent'' means an individual whom the Attorney General is providing an opportunity for a hearing on the record under section 3(a). SEC. 3. DETERMINATIONS. (a) Hearing by Immigration Judge.--If the Attorney General has reason to believe that an individual who has applied for or is receiving a Federal public benefit may have been a participant in Nazi persecution, the Attorney General may provide an opportunity for a hearing on the record with respect to the matter. The Attorney General may delegate the conduct of the hearing to an immigration judge (as defined in section 101(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(4))). (b) Procedures.-- (1) Right of respondents to appear.-- (A) Citizens, permanent resident aliens, and persons present in the united states.--At a hearing under this section, each respondent may appear in person if the respondent is a United States citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated. (B) Others.--A respondent who is not a citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated may appear by video conference. (C) Rule of interpretation.--This Act shall not be construed to permit the return to the United States of an individual who is inadmissible under section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)). (2) Other rights of respondents.--At a hearing under this section, each respondent may be represented by counsel at no expense to the Federal Government, present evidence, cross- examine witnesses, and obtain the issuance of subpoenas for the attendance of witnesses and presentation of evidence. (3) Rules of evidence.--Unless otherwise provided in this Act, rules regarding the presentation of evidence at the hearing shall apply in the same manner in which such rules would apply at a removal proceeding before an immigration judge under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). (c) Findings, Conclusions, and Order.-- (1) Findings and conclusions.--Not later than 60 days after the date of the end of a hearing conducted under this section, the immigration judge shall make findings of fact and conclusions of law with respect to whether the respondent has been a participant in Nazi persecution. (2) Order.-- (A) Finding that respondent has been a participant in nazi persecution.--If the immigration judge finds, by a preponderance of the evidence, that the respondent has been a participant in Nazi persecution, the immigration judge shall promptly issue an order declaring the respondent to be ineligible for any Federal public benefit, and prohibiting any person from providing such a benefit, directly or indirectly, to the respondent, and shall transmit a copy of the order to any governmental entity or person known to be so providing such a benefit. (B) Finding that respondent has not been a participant in nazi persecution.--If the immigration judge finds that there is insufficient evidence for a finding under subparagraph (A) that a respondent has been a participant in Nazi persecution, the immigration judge shall issue an order dismissing the proceeding. (C) Effective date; limitation of liability.-- (i) Effective date.--An order issued pursuant to subparagraph (A) or (B) shall be effective on the date of issuance. (ii) Limitation of liability.-- Notwithstanding clause (i), a person or entity shall not be found to have provided a benefit to an individual in violation of this Act until the person or entity has received actual notice of the issuance of an order under subparagraph (A) with respect to the individual and has had a reasonable opportunity to comply with the order. (d) Review by Attorney General; Service of Final Order.-- (1) Review by attorney general.--The Attorney General may, in his discretion, review any finding or conclusion made, or order issued, under subsection (c), and shall complete the review not later than 30 days after the date that the finding or conclusion is so made, or order is so issued. Otherwise, the finding, conclusion, or order shall be final. (2) Service of final order.--The Attorney General shall cause the findings of fact and conclusions of law made with respect to any final order issued under this section, together with a copy of the order, to be served on the respondent involved. (e) Judicial Review.--Any party aggrieved by a final order issued under this section may obtain a review of the order by the United States Court of Appeals for the Federal Circuit, by filing a petition for such review not later than 30 days after the date that the final order is issued. SEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT OVER APPEALS UNDER THIS ACT. Section 1295(a) of title 28, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (13); (2) by striking the period at the end of paragraph (14) and inserting ``; and''; and (3) by adding at the end the following: ``(15) of an appeal from a final order issued under the Nazi Benefits Termination Act of 2001.''.", "summary": "Nazi Benefits Termination Act of 2001 - Denies Federal public benefits to individuals who have been participants in Nazi persecution. Authorizes the Attorney General, if an individual who has applied for or is receiving a Federal public benefit may have been such a participant, to provide an opportunity for a hearing on the record with respect to the matter.Requires an immigration judge who finds that the respondent has been a participant in Nazi persecution to: (1) promptly issue an order declaring the respondent to be ineligible for any Federal public benefit and prohibiting any person from providing such a benefit to the respondent; and (2) transmit a copy of the order to any governmental entity or person known to be providing such a benefit.Authorizes the Attorney General to review any finding or conclusion made or order issued and to complete such review within 30 days (otherwise such finding, conclusion, or order shall be final).Provides for the appeal of findings or orders by an aggrieved party to the U.S. Court of Appeals for the Federal Circuit."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Telecommunications Trust Act of 1998''. SEC. 2. PURPOSE. It is the purpose of this Act to prevent the imposition of additional telephone charges to support the provision of universal telecommunications services by dedicating to such support the revenues of telephone excise taxes already in effect on the date of enactment of this Act. SEC. 3. PROVISION OF UNIVERSAL SERVICES FROM APPROPRIATIONS OF EXCISE TAXES. (a) Amendment.--Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the end the following new subsection: ``(l) Provision of Universal Services From Appropriations of Excise Taxes.-- ``(1) Termination of contributions; exclusive source of funds.--The contributions of providers of interstate telecommunications services pursuant to subsections (b)(4) and (d) shall cease to be required for any period beginning on or after the date on which funds appropriated pursuant to paragraph (2) of this subsection are first available for Federal universal service support. The Commission may continue to distribute any balances of such contributions that remain unallocated on such date, but, other than such balances, the funds appropriated under paragraph (2) shall constitute the exclusive source of funds for the provision of any type of Federal universal service support, including rural, high-cost, lifeline, programs under subsection (h), or any other program of Federal universal service support. ``(2) Authorization of appropriations.--There are authorized to be appropriated for fiscal year 1999 and each of the 5 succeeding fiscal years, from the Telecommunications Trust Fund established by section 9511 of the Internal Revenue Code, such sums as may be necessary to provide Federal universal service support pursuant to this section, including support pursuant to subsection (h) of this section. ``(3) Availability on school year basis.--Appropriations for any fiscal year that are available to carry out subsection (h) may, in accordance with regulations of the Commission, be made available for obligation by the recipient on the basis of an academic or school year differing from such fiscal year. Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from such appropriations during any fiscal year which are not obligated and expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year. ``(4) Apportionment of funds.--Funds from any such appropriation shall be apportioned in accordance with regulations prescribed by the Commission to carry out the purposes of this section.''. (b) Conforming Amendment.--Section 254(d) of such Act is amended by adding at the end the following: ``This subsection and subsection (b)(4) shall cease to be effective on the date described in subsection (l)(1).''. SEC. 4. ADVANCED COMMUNICATIONS TRUST FUND. (a) In General.--Chapter 98 of the Internal Revenue Code of 1986 is amended by inserting after section 9510 the following: ``SEC. 9511. TELECOMMUNICATIONS TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Telecommunications Trust Fund', consisting of such amounts as may be appropriated or credited pursuant to this section or section 9602(b). ``(b) Transfer to Advanced Telecommunications Trust Fund Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Telecommunications Trust Fund amounts equivalent to 100 percent of the taxes received in the Treasury after December 31, 1998, under section 4251 (relating to tax on communications). ``(c) Expenditures From Advanced Telecommunications Trust Fund.-- Amounts in the Telecommunications Trust Fund shall be available, as provided in appropriations Acts, only to provide for Federal universal service support mechanisms pursuant to section 254 of the Communications Act of 1934.''. SEC. 5. EFFECTIVE DATES; TRANSITION. (a) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), this Act and the amendments made by this Act shall be effective on July 1, 1999. (2) Exceptions.--Notwithstanding paragraph (1)-- (A) the authorization of appropriations in section 254(l)(2) of the Communications Act of 1934, as amended by section 3 of this Act, is effective upon enactment; and (B) the Federal Communications Commission may prescribe such regulations or take such other action as is necessary to the implementation of the amendments made by this Act at any time after such date of enactment. (b) Transition.--In order to effect a transition to the provision of telecommunications services in accordance with the amendments made by this Act, the Federal Communications Commission shall prescribe such regulations and take such other actions as may be necessary to provide for the allocation or refund of unused universal service contributions and obligations.", "summary": "Telecommunications Trust Act of 1998 - Amends the Communications Act of 1934 to state that contributions currently required of providers of interstate telecommunications services for the preservation and enhancement of universal telecommunications services shall no longer be required after the date on which appropriated funds are first available for Federal universal service support. Authorizes the Federal Communications Commission to continue to distribute balances of such contributions that remain available on such date. Authorizes appropriations for FY 1999 through 2004 from the Telecommunications Trust Fund (established under this Act) to provide Federal universal service support, such funds to be the exclusive source of funding for such support. Allow such funds to be available on a school year basis in lieu of a fiscal year basis. Amends the Internal Revenue Code to establish the Telecommunications Trust Fund for the deposit of amounts appropriated for universal services support. Transfers to such Fund 100 percent of amounts received in the Treasury after December 31, 1998, as certain communications excise taxes. Makes Fund amounts available only to provide for Federal universal service support mechanisms."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom Preservation Act''. SEC. 2. INTERNET NEUTRALITY. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 12. INTERNET NEUTRALITY. ``(a) Duty of Broadband Service Providers.--With respect to any broadband service offered to the public, each broadband service provider shall-- ``(1) not block, interfere with, discriminate against, impair, or degrade the ability of any person to use a broadband service to access, use, send, post, receive, or offer any lawful content, application, or service made available via the Internet; ``(2) not prevent or obstruct a user from attaching or using any device to the network of such broadband service provider, only if such device does not physically damage or substantially degrade the use of such network by other subscribers; ``(3) provide and make available to each user information about such user's access to the Internet, and the speed, nature, and limitations of such user's broadband service; ``(4) enable any content, application, or service made available via the Internet to be offered, provided, or posted on a basis that-- ``(A) is reasonable and nondiscriminatory, including with respect to quality of service, access, speed, and bandwidth; ``(B) is at least equivalent to the access, speed, quality of service, and bandwidth that such broadband service provider offers to affiliated content, applications, or services made available via the public Internet into the network of such broadband service provider; and ``(C) does not impose a charge on the basis of the type of content, applications, or services made available via the Internet into the network of such broadband service provider; ``(5) only prioritize content, applications, or services accessed by a user that is made available via the Internet within the network of such broadband service provider based on the type of content, applications, or services and the level of service purchased by the user, without charge for such prioritization; and ``(6) not install or utilize network features, functions, or capabilities that impede or hinder compliance with this section. ``(b) Certain Management and Business-Related Practices.--Nothing in this section shall be construed to prohibit a broadband service provider from engaging in any activity, provided that such activity is not inconsistent with the requirements of subsection (a), including-- ``(1) protecting the security of a user's computer on the network of such broadband service provider, or managing such network in a manner that does not distinguish based on the source or ownership of content, application, or service; ``(2) offering directly to each user broadband service that does not distinguish based on the source or ownership of content, application, or service, at different prices based on defined levels of bandwidth or the actual quantity of data flow over a user's connection; ``(3) offering consumer protection services (including parental controls for indecency or unwanted content, software for the prevention of unsolicited commercial electronic messages, or other similar capabilities), if each user is provided clear and accurate advance notice of the ability of such user to refuse or disable individually provided consumer protection capabilities; ``(4) handling breaches of the terms of service offered by such broadband service provider by a subscriber, provided that such terms of service are not inconsistent with the requirements of subsection (a); or ``(5) where otherwise required by law, to prevent any violation of Federal or State law. ``(c) Exception.--Nothing in this section shall apply to any service regulated under title VI, regardless of the physical transmission facilities used to provide or transmit such service. ``(d) Stand-Alone Broadband Service.--A broadband service provider shall not require a subscriber, as a condition on the purchase of any broadband service offered by such broadband service provider, to purchase any cable service, telecommunications service, or IP-enabled voice service. ``(e) Implementation.--Not later than 180 days after the date of enactment of the Internet Freedom Preservation Act, the Commission shall prescribe rules to implement this section that-- ``(1) permit any aggrieved person to file a complaint with the Commission concerning any violation of this section; and ``(2) establish enforcement and expedited adjudicatory review procedures consistent with the objectives of this section, including the resolution of any complaint described in paragraph (1) not later than 90 days after such complaint was filed, except for good cause shown. ``(f) Enforcement.-- ``(1) In general.--The Commission shall enforce compliance with this section under title V, except that-- ``(A) no forfeiture liability shall be determined under section 503(b) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4); and ``(B) the provisions of section 503(b)(5) shall not apply. ``(2) Special orders.--In addition to any other remedy provided under this Act, the Commission may issue any appropriate order, including an order directing a broadband service provider-- ``(A) to pay damages to a complaining party for a violation of this section or the regulations hereunder; or ``(B) to enforce the provisions of this section. ``(g) Definitions.--In this section, the following definitions shall apply: ``(1) Affiliated.--The term `affiliated' includes-- ``(A) a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person; or ``(B) a person that has a contract or other arrangement with a content, applications, or service provider relating to access to or distribution of such content, applications, or service. ``(2) Broadband service.--The term `broadband service' means a 2-way transmission that-- ``(A) connects to the Internet regardless of the physical transmission facilities used; and ``(B) transmits information at an average rate of at least 200 kilobits per second in at least 1 direction. ``(3) Broadband service provider.--The term `broadband service provider' means a person or entity that controls, operates, or resells and controls any facility used to provide broadband service to the public, whether provided for a fee or for free. ``(4) IP-enabled voice service.--The term `IP-enabled voice service' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that service can originate traffic to, and terminate traffic from, the public switched telephone network ``(5) User.--The term `user' means any residential or business subscriber who, by way of a broadband service, takes and utilizes Internet services, whether provided for a fee, in exchange for an explicit benefit, or for free.''. SEC. 3. REPORT ON DELIVERY OF CONTENT, APPLICATIONS, AND SERVICES. Not later than 270 days after the date of enactment of this Act, and annually thereafter, the Federal Communications Commission shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the-- (1) ability of providers of content, applications, or services to transmit and send such information into and over broadband networks; (2) ability of competing providers of transmission capability to transmit and send such information into and over broadband networks; (3) price, terms, and conditions for transmitting and sending such information into and over broadband networks; (4) number of entities that transmit and send information into and over broadband networks; and (5) state of competition among those entities that transmit and send information into and over broadband networks.", "summary": "Internet Freedom Preservation Act - Amends the Communications Act of 1934 to establish certain Internet neutrality duties for broadband service providers (providers), including not interfering with, or discriminating against, the ability of any person to use broadband service in a lawful manner. Allows providers to engage in activities in furtherance of certain management and business-related practices, such as protecting network security and offering consumer protection services such as parental controls. Prohibits a provider from requiring a subscriber, as a condition on the purchase of broadband service, to purchase any cable service, telecommunications service, or IP-enabled voice service. Requires a report from the Federal Communications Commission (FCC) to specified congressional committees on provider delivery of broadband content, applications, and services."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Water Protection Act''. SEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES. Section 402 of the Federal Water Pollution Control Act (22 U.S.C. 1342) is amended by adding at the end the following: ``(r) Prohibition on Sewage Dumping Into the Great Lakes.-- ``(1) In general.--A publicly owned treatment works is prohibited from intentionally diverting waste streams to bypass any portion of a treatment facility at the treatment works if the diversion results in a discharge into the Great Lakes unless-- ``(A)(i) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; ``(ii) there is not a feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and ``(iii) the treatment works provides notice of the bypass in accordance with the requirements of this subsection; or ``(B) the bypass does not cause effluent limitations to be exceeded, and the bypass is for essential maintenance to ensure efficient operation of the treatment facility. ``(2) Limitation.--The requirement of paragraph (1)(A)(ii) is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass and the bypass occurred during normal periods of equipment downtime or preventive maintenance. ``(3) Notice requirements.--A publicly owned treatment works shall provide to the Administrator (or to the State in the case of a State that has a permit program approved under this section)-- ``(A) prior notice of an anticipated bypass; and ``(B) notice of an unanticipated bypass within 24 hours following the time the treatment works first becomes aware of the bypass. ``(4) Follow-up notice requirements.--In the case of an unanticipated bypass for which a publicly owned treatment works provides notice under paragraph (3)(B), the treatment works shall provide to the Administrator (or to the State in the case of a State that has a permit program approved under this section), not later than 5 days following the date on which the treatment works first becomes aware of the bypass, a follow-up notice containing a description of-- ``(A) the cause of the bypass; ``(B) the reason for the bypass ``(C) the period of bypass, including the exact dates and times; ``(D) if the bypass has not been corrected, the anticipated time the bypass is expected to continue; ``(E) the volume of the discharge resulting from the bypass; ``(F) any public access areas that may be impacted by the bypass; and ``(G) steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. ``(5) Public availability of notices.--A publicly owned treatment works providing a notice under this subsection, and the Administrator (or the State in the case of a State that has a permit program approved under this section) receiving such a notice, shall each post all such notices provided or received in a searchable database accessible on the Internet. ``(6) Sewage blending.--Bypasses prohibited by this section include bypasses resulting in discharges from a publicly owned treatment works that consist of effluent routed around treatment units and thereafter blended together with effluent from treatment units prior to discharge. ``(7) Definitions.--In this subsection, the following definitions apply: ``(A) Bypass.--The term `bypass' means an intentional diversion of waste streams to bypass any portion of a treatment facility which results in a discharge into the Great Lakes. ``(B) Great lakes.--The term `Great Lakes' has the meaning given such term by section 118(a)(3). ``(C) Treatment facility.--The term `treatment facility' includes all wastewater treatment units used by a publicly owned treatment works to meet secondary treatment standards or higher, as required to attain water quality standards, under any operating conditions. ``(D) Treatment works.--The term `treatment works' has the meaning given that term in section 212. ``(8) Implementation.--The Administrator shall establish procedures to ensure that permits issued under this section (or under a State permit program approved under this section) to a publicly owned treatment works include requirements to implement this subsection. ``(9) Maximum civil penalty.--Notwithstanding any provision of section 309, the maximum civil penalty which shall be assessed for a violation of this subsection, or any permit limitation or condition implementing this subsection, shall be $100,000 per day for each day the violation occurs. ``(10) Effective date.-- ``(A) In general.--Except as provided by subparagraph (B), the requirements of this subsection shall become effective beginning January 1, 2026. ``(B) Notice requirements.--The requirements of paragraphs (3), (4), and (5) shall become effective one year after the date of enactment of this subsection.''. SEC. 3. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND. (a) In General.--Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended by redesignating section 519 as section 520 and inserting after section 518 the following: ``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND. ``(a) Creation of Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Great Lakes Cleanup Fund' (in this section referred to as the `Fund'). ``(b) Transfers to Fund.--Effective January 1, 2026, there are authorized to be appropriated to the Fund amounts equivalent to the penalties collected for violations of section 402(r). ``(c) Administration of Fund.--The Administrator shall administer the Fund. ``(d) Use of Funds.--The Administrator shall make the amounts in the Fund available to the Great Lakes States for programs and activities for improving wastewater discharges into the Great Lakes, including habitat protection and wetland restoration. The Administrator shall allocate such amounts among the Great Lakes States based on the proportional amount attributable to each Great Lakes State for penalties collected for violations of section 402(r). ``(e) Priority.--In selecting programs and activities to be funded using amounts made available under this section, a Great Lakes State shall give priority consideration to programs and activities that address violations of section 402(r) resulting in the collection of penalties. ``(f) Definitions.--In this section, the terms `Great Lakes' and `Great Lakes States' have the meanings given such terms in section 118(a)(3).''. (b) Conforming Amendment to State Revolving Fund Program.--Section 607 of such Act (33 U.S.C. 1387) is amended-- (1) by inserting ``(a) In General.--'' before ``There is''; and (2) by adding at the end the following: ``(b) Treatment of Great Lakes Cleanup Fund.--For purposes of this title, amounts made available from the Great Lakes Cleanup Fund under section 519 shall be treated as funds authorized to be appropriated to carry out this title and as funds made available under this title, except that such funds shall be made available to the Great Lakes States as provided in section 519.''.", "summary": "Great Lakes Water Protection Act - Amends the Federal Water Pollution Control Act (popularly known as the Clean Water Act) to prohibit publicly owned treatment works (POTWs) from intentionally diverting waste streams to bypass any portion of the treatment facility if the diversion results in a discharge into the Great Lakes unless: (1) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; (2) there is no feasible alternative; and (3) the treatment works provides notice; or (4) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. Requires: (1) such notice to be provided to the Administrator of the Environmental Protection Agency (EPA) (or to a state with an approved permit program) prior to an anticipated bypass or within 24 hours of becoming aware of an unanticipated bypass; and (2) follow-up notice regarding the cause and duration of, volume of discharge resulting from, and public access areas affected by an unanticipated bypass. Includes among prohibited bypasses those resulting in discharges from a POTW that consist of effluent routed around treatment units and blended with effluent from treatment units prior to discharge. Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to implement this Act. Provides a maximum civil penalty for violations. Establishes the Great Lakes Cleanup Fund from which amounts shall be provided for improving wastewater discharges."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Caregiver Assistance and Resource Enhancement Act''. SEC. 2. SUPPORT SERVICES FOR CAREGIVERS. (a) Definitions.--Section 1701 of title 38, United States Code, is amended by adding at the end the following new paragraphs: ``(10) The term `caregiver services' means noninstitutional extended care (as used in paragraph (6)). ``(11) The term `caregiver' means an individual who-- ``(A) with respect to a disabled veteran who is enrolled in the health care system established under section 1705(a) of this title, provides caregiver services to such veteran for such disability; and ``(B) is not a member of the family (including parents, spouses, children, siblings, step-family members, and extended family members) of such veteran. ``(12) The term `family caregiver' means an individual who-- ``(A) with respect to a disabled veteran who is enrolled in the health care system established under section 1705(a) of this title, provides caregiver services to such veteran for such disability; ``(B) is a member of the family (including parents, spouses, children, siblings, step-family members, and extended family members) of such veteran; and ``(C) may or may not reside with such veteran.''. (b) Support Services.-- (1) In general.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720G. Support services for caregivers and family caregivers ``(a) Establishment of Program.--The Secretary shall develop and carry out a program for caregivers and family caregivers that includes the following: ``(1) The educational sessions, stipends, and access to support services provided under this section. ``(2) Counseling and other services provided under section 1782 of this title. ``(3) Respite care provided under section 1720B of this title. ``(4) With respect to family caregivers, medical care provided under section 1781(e) of this title. ``(5) Travel expenses provided under section 111(e) of this title. ``(b) Educational Sessions.--(1) The Secretary shall make available educational sessions for caregivers, family caregivers, and individuals described in paragraph (2). Such educational sessions shall-- ``(A) be made available both in person and on an Internet website; ``(B) incorporate available technology, including telehealth technology to the extent practicable; and ``(C) teach techniques, strategies, and skills for caring for a disabled veteran, including, at a minimum, a veteran who-- ``(i) was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(ii) has post-traumatic stress disorder, a traumatic brain injury, or other severe injury or illness. ``(2) Individuals described in this paragraph are individuals who provide caregivers and family caregivers with support under this chapter or through an aging network (as defined in section 102(5) of the Older Americans Act of 1965 (42 U.S.C. 3002(5)), including-- ``(A) respite care providers; ``(B) nursing care providers; and ``(C) counselors. ``(c) Stipends.--(1) The Secretary shall provide monthly stipends to eligible family caregivers described in paragraph (2). ``(2) An eligible family caregiver described in this paragraph is a family caregiver who-- ``(A) provides caregiver services to a veteran who-- ``(i) was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(ii) for purposes of this subsection, is determined by the Secretary-- ``(I) to have a service-connected disability or illness that is severe; ``(II) to be in need of caregiver services, such that without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and ``(III) based on an examination by a physician employed by the Department (or, in areas where no such physician is available, by a physician carrying out such function under a contract or fee arrangement), to be unable to carry out the activities (including instrumental activities) of daily living; ``(B) with respect to such veteran, meets the definition of the term `family caregiver' under section 1701(12) of this title; ``(C) is designated by such veteran as the primary family caregiver for such veteran; and ``(D) is not-- ``(i) employed by a home health care agency to provide such caregiver services; or ``(ii) otherwise receiving payment for such services. ``(3) The authority of the Secretary to provide a stipend to an eligible family caregiver under this subsection shall expire on October 1, 2012. ``(d) Access to Support Services.--The Secretary shall provide caregivers and family caregivers with information concerning public, private, and non-profit agencies that offer support to caregivers. In providing such information, the Secretary shall-- ``(1) collaborate with the Assistant Secretary for Aging of the Department of Health and Human Services in order to provide caregivers and family caregivers access to aging and disability resource centers under the Administration on Aging of the Department of Health and Human Services; and ``(2) include on an Internet website that is dedicated to caregivers and family caregivers-- ``(A) a directory of services available for caregivers and family caregivers at the county level; and ``(B) tools that provide caregivers and family caregivers with the ability to interact with each other for the purpose of fostering peer support and creating support networks. ``(e) Information and Outreach.--(1) The Secretary shall conduct outreach to inform disabled veterans and the families of such veterans of the following: ``(A) Medical care, educational sessions, stipends, and other services available for caregivers and family caregivers under this chapter. ``(B) The ability of a family caregiver to be trained and certified by a home health care agency in order to be paid by such agency for providing caregiver services. ``(2) Outreach under this subsection shall include, at a minimum, the following: ``(A) Public service announcements. ``(B) Brochures and pamphlets. ``(C) Full use of Internet-based outreach methods, including such methods designed specifically for veterans and the families of such veterans who reside in rural areas. ``(3) With respect to a Department employee providing case management services (as defined in section 1720C(b)(2) of this title) to a disabled veteran, the Secretary shall ensure that such employee provides a caregiver or family caregiver of such veteran with information on the services described in subparagraphs (A) and (B) of paragraph (1).''. (2) Clerical amendment.--The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by inserting after the item related to section 1720F the following new item: ``1720G. Support services for caregivers and family caregivers.''. (c) Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a plan for carrying out section 1720G of title 38, United States Code, as added by subsection (b) of this section. (d) Reports.--Not later than 180 days after the date on which the plan is submitted under subsection (c), and annually thereafter for the following five years, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report describing the implementation of the plan. SEC. 3. COUNSELING AND MENTAL HEALTH SERVICES FOR CAREGIVERS AND FAMILY CAREGIVERS. (a) In General.--Section 1782 of title 38, United States Code, is amended-- (1) in the section heading, by adding at the end the following: ``, caregivers, and family caregivers''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``; or'' and inserting a semicolon; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph (2): ``(2) a caregiver or family caregiver of a veteran; or''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by striking the item relating to section 1782 and inserting the following new item: ``1782. Counseling, training, and mental health services for immediate family members, caregivers, and family caregivers.''. SEC. 4. RESPITE CARE TO ASSIST FAMILY CAREGIVERS. Section 1720B of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``title.'' and inserting ``title or who receives care from a family caregiver.''; and (2) by adding at the end the following new subsection: ``(d) In furnishing respite care services under this section, the Secretary shall ensure that such services-- ``(1) fulfill the needs of the veteran receiving care (including 24-hour in-home respite care); and ``(2) are appropriate for the veteran with respect to the age of the veteran.''. SEC. 5. MEDICAL CARE FOR FAMILY CAREGIVERS. Section 1781 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by inserting ``and'' at the end; and (C) by inserting after paragraph (3) the following new paragraph: ``(4) in accordance with subsection (e), a family caregiver,''; (2) in the third sentence of subsection (b), by striking ``dependent or survivor'' and inserting ``dependent, survivor, or family caregiver''; and (3) by adding at the end the following new subsection: ``(e)(1) The Secretary shall provide medical care to a family caregiver under this section if the Secretary determines that the family caregiver is not entitled to care or services under a health- plan contract as defined under section 1725(f)(2) of this title (determined, in the case of a health-plan contract as defined in subsection (f)(2)(B) or (f)(2)(C) of such section, without regard to any requirement or limitation relating to eligibility for care or services from any department or agency of the United States). ``(2) In this subsection, a family caregiver is an individual who-- ``(A) provides caregiver services to a veteran who-- ``(i) was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(ii) for purposes of this subsection, is determined by the Secretary-- ``(I) to have a service-connected disability or illness that is severe; ``(II) to be in need of caregiver services, such that without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and ``(III) based on an examination by a physician employed by the Department (or, in areas where no such physician is available, by a physician carrying out such function under a contract or fee arrangement), to be unable to carry out the activities (including instrumental activities) of daily living; ``(B) with respect to such veteran, meets the definition of the term `family caregiver' under section 1701(12) of this title; and ``(C) is designated by such veteran as the primary family caregiver for such veteran. ``(3) The authority of the Secretary to provide medical care to a family caregiver under this section shall expire on October 1, 2012.''. SEC. 6. LODGING AND SUBSISTENCE FOR FAMILY CAREGIVERS. Section 111(e) of title 38, United States Code, is amended-- (1) by striking ``When'' and inserting the following: ``(1) Except as provided in paragraph (2), when''; and (2) by adding at the end the following new paragraphs: ``(2) Without regard to whether a covered veteran entitled to mileage under this section requires an attendant in order to perform such travel, an attendant of such covered veteran may be allowed expenses of travel (including lodging and subsistence) upon the same basis as such veteran during-- ``(A) the period of time in which such veteran is traveling to and from a treatment facility; and ``(B) the duration of the treatment episode for such veteran. ``(3) The Secretary may prescribe regulations to carry out this subsection. Such regulations may include provisions-- ``(A) to limit the number of attendants that may receive expenses of travel under paragraph (2) for a single treatment episode of a covered veteran; and ``(B) to require such attendants to use certain travel services. ``(4) In this subsection, the term `covered veteran' means a veteran who-- ``(A) was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(B) for purposes of this subsection, is determined by the Secretary-- ``(i) to have a service-connected disability or illness that is severe; ``(ii) to be in need of caregiver services, such that without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and ``(iii) based on an examination by a physician employed by the Department (or, in areas where no such physician is available, by a physician carrying out such function under a contract or fee arrangement), to be unable to carry out the activities (including instrumental activities) of daily living.''. SEC. 7. SURVEY ON CAREGIVERS AND FAMILY CAREGIVERS. (a) In General.--Not later than 270 days after the date of the enactment of this Act, and not less than once in each three-year period thereafter, the Secretary of Veterans Affairs shall design and conduct a survey of caregivers and family caregivers. In carrying out the survey, the Secretary shall collect the following information: (1) The number of caregivers. (2) The number of family caregivers. (3) The number of veterans receiving caregiver services from caregivers and family caregivers, including the era in which each veteran served in the Armed Forces. (4) The range of caregiver services provided by caregivers and family caregivers, including-- (A) the average schedule of such services; and (B) the average amount of time a caregiver and family caregiver has spent providing such services. (5) The average age of a caregiver and family caregiver. (6) The health care coverage of caregivers and family caregivers, including the sources of such coverage. (7) The employment status of caregivers and family caregivers. (8) Incidents of significant life changes related to being a caregiver or family caregiver, including unemployment and disenrollment from a course of education. (9) The number of family caregivers trained and certified through a home health care agency. (10) Other information the Secretary considers appropriate. (b) Survey Sample.--In carrying out the survey required by subsection (a), the Secretary shall ensure that-- (1) a statistically representative sample of caregivers and family caregivers is included in the survey; and (2) such sample covers veterans in each Veterans Integrated Service Network. (c) Findings.--The Secretary shall consider the findings of the survey when carrying out programs related to caregivers and family caregivers. (d) Reports.--Not later than 180 days after the date on which each survey is completed, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on caregivers and family caregivers. Each such report shall include-- (1) the findings of the survey required by subsection (a); (2) a summary of the services made available to caregivers and family caregivers by the Secretary; (3) the number of caregivers and family caregivers who receive such services; (4) the cost to the Department of Veterans Affairs of providing each such service; and (5) other information the Secretary considers appropriate. (e) Definitions.--In this section: (1) The term ``caregiver'' has the meaning given such term in section 1701(11) of title 38, United States Code, as added by section 2(a) of this Act. (2) The term ``family caregiver'' has the meaning given such term in section 1701(12) of title 38, United States Code, as added by section 2(a) of this Act. Passed the House of Representatives July 27, 2009. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Caregiver Assistance and Resource Enhancement Act - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) to develop and carry out a program of support services for family and non-family caregivers providing noninstitutional extended care to disabled veterans enrolled in the VA health care system. Requires such support services to include: (1) educational sessions, stipends, and access to support services; (2) counseling and related services; (3) respite care; (4) medical care for family caregivers; and (5) travel expenses in connection with the outpatient care of such veterans. Requires the Secretary to: (1) conduct outreach to inform disabled veterans and their families of services available for caregivers, as well as the ability of a caregiver to be trained and certified by a home health care agency in order to be paid for providing such services; (2) submit to the congressional veterans' committees a plan for implementation of such program; and (3) report annually thereafter for five years on plan implementation. (Sec. 3) Makes counseling and mental health services available to family and non-family caregivers of enrolled veterans. (Sec. 4) Directs the Secretary to ensure that respite care meets the needs of the veteran receiving such care, including 24-hour home respite care, and is appropriate with respect to the veteran's age. (Sec. 5) Authorizes the provision of medical care through the VA for family caregivers of eligible veterans, if the caregiver is without health insurance and ineligible for other public health insurance. Defines a \"family caregiver\" as an individual who provides care to a veteran who was deployed in support of Operations Iraqi Freedom or Enduring Freedom and are determined by the Secretary to: (1) have a severe service-connected disability or illness; (2) be in need of caregiver services since, without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and (3) be unable to carry out the activities of daily living. (Sec. 6) Authorizes a lodging and subsistence allowance for family caregivers of eligible veterans described above, to cover the time in which the veteran is traveling to and from a treatment facility as well as the duration of the treatment period. (Sec. 7) Requires the Secretary to: (1) at least once every three years, design and conduct a survey of family and non-family caregivers; (2) consider survey findings when carrying out programs related to caregivers; and (3) report to the veterans' committees on survey results and services made available to caregivers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species Act of 2018'' or the ``PREDICTS Act of 2018''. SEC. 2. CODIFICATION OF THE ``NO SURPRISES'' REGULATIONS. (a) Definitions.--Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended as follows: (1) By inserting after paragraph (1) the following: ``(_) Changed circumstances.--The term `changed circumstances'-- ``(A) means changes in circumstances affecting a species or geographic area covered by a covered plan or agreement that can reasonably be anticipated by developers of such plan or agreement, respectively, and the Secretary, and that can reasonably be planned for; and ``(B) includes-- ``(i) additions of species to lists published under section 4(c); and ``(ii) a fire or other natural catastrophic event in an area prone to such an event.''. (2) By inserting after paragraph (3) the following: ``(_) Covered plan or agreement.--The term `covered plan or agreement' means a conservation plan required under section 10(a)(2)(A) or a candidate conservation agreement with assurances under section 10(k), respectively.''. (3) By inserting after paragraph (5) the following: ``(_) Conserved habitat areas.--The term `conserved habitat areas' means areas explicitly designated for habitat restoration, acquisition, protection, or other conservation purposes under a covered plan or agreement.''. (4) By inserting after paragraph (13) the following: ``(_) Operating conservation program.--The term `operating conservation program' means those conservation management activities that are expressly described in a covered plan or agreement and that are to be undertaken for the affected species when implementing the plan or agreement, respectively, including measures to respond to changed circumstances.''. (5) By inserting after paragraph (24) the following: ``(_) Unforeseen circumstances.--The term `unforeseen circumstances' means changes in circumstances affecting a species or geographic area covered by a covered plan or agreement that could not reasonably have been anticipated by plan developers and the Secretary at the time of the development of such plan or agreement, respectively, and that result in a substantial and adverse change in the status of the covered species.''. (6) By redesignating the paragraphs of such section as paragraphs (1) through (25), respectively. (b) Conforming Amendment.--Section 7(n) of such Act (16 U.S.C. 1536(n)) is amended by striking ``section 3(13)'' and inserting ``section 3(16)''. (c) Assurances Governing Permit, Plan, Candidate Conservation Agreement With Assurances, and Safe Harbor Agreement Issuance, Modification, and Revocation.--Section 10 of such Act (16 U.S.C. 1539) is amended as follows: (1) Subsection (a)(2)(B) is amended in the matter following clause (v) by adding at the end the following: ``In addition, each permit issued under paragraph (1)(B), each candidate conservation agreement with assurances entered into under subsection (k), and each safe harbor agreement entered into under subsection (l) shall contain the assurances governing permit revocation, changed circumstances, and unforeseen circumstances set forth in subparagraph (2)(C) and paragraph (3) of this subsection.''. (2) Subsection (a)(2)(C) is amended by inserting ``(i)'' before the text, and by adding at the end the following: ``(ii) The Secretary may not revoke a permit issued under paragraph (1)(B) other than as required in clause (i), and may not terminate any candidate conservation agreement with assurances under subsection (k) or safe harbor agreement entered into under subsection (l), unless the Secretary finds that-- ``(I) continuation of the permitted activity or activity authorized under such an agreement, respectively, would be inconsistent with any of the criteria set forth in subparagraph (B); and ``(II) the inconsistency has not been remedied in a timely fashion.''. (3) Subsection (a) is amended by adding at the end the following: ``(3) Each permit issued by the Secretary under paragraph (1)(B), each candidate conservation agreement with assurances entered into under subsection (k), and each safe harbor agreement entered into under subsection (l) shall be subject to the following assurances addressing changed circumstances and unforeseen circumstances: ``(A) If additional conservation and mitigation measures are deemed necessary to respond to changed circumstances and are specified in the operating conservation program of the conservation plan for the permit or in such agreement, respectively, the permittee shall implement such measures. ``(B) If additional conservation and mitigation measures are deemed necessary to respond to changed circumstances and are not specified in the operating conservation program of the conservation plan for the permit or in such agreement, respectively, the Secretary may not require any conservation and mitigation measures in addition to those specified in the plan or agreement, respectively, without the consent of the permittee. ``(C)(i) In negotiating unforeseen circumstances, the Secretary may not require the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon for the species covered by the conservation plan or by such agreement, respectively, without the consent of the permittee. ``(ii) If additional conservation and mitigation measures are deemed necessary to respond to unforeseen circumstances, the Secretary may require additional measures of the permittee where the conservation plan or agreement, respectively, is being properly implemented, but only if such measures-- ``(I) are limited to modifications within conserved habitat areas, if any, or to the conservation plan's or agreement's operating conservation program for the affected species; ``(II) maintain the original terms and structures of the conservation plan or agreement to the maximum extent possible; and ``(III) will not involve the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources otherwise available for development or use under the original terms of the conservation plan or agreement, without the consent of the permittee. ``(iii) The Secretary shall have the burden of demonstrating that unforeseen circumstances exist, using the best scientific and commercial data available. The Secretary shall clearly document any finding that unforeseen circumstances exist, and shall base such finding on reliable technical information regarding the status and habitat requirements of the affected species. In making such finding, the Secretary will consider, among other matters, the following factors: ``(I) The size of the current range of the affected species. ``(II) The percentage of such range adversely affected by the conservation plan or agreement. ``(III) The percentage of such range conserved by the conservation plan or agreement. ``(IV) The ecological significance of that portion of the range affected by the conservation plan or agreement. ``(V) The level of knowledge about the affected species and the degree of specificity of the species' conservation program under the conservation plan or agreement. ``(VI) Whether failure to adopt additional conservation measures would appreciably reduce the likelihood of survival and recovery of the affected species in the wild. ``(iv) The Secretary shall-- ``(I) present a record of the analyses of the status of unforeseen circumstances to the permittee before requiring any additional conservation or mitigation measures of the permittee or agreement party under clause (ii); and ``(II) include in the record a qualitative and quantitative analysis of each of the factors specified in subclauses (I) through (VI) of clause (iii).''. SEC. 3. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES. (a) Permits.--Section 10(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following: ``(C) any taking incidental to, and not the purpose of, the carrying out of an otherwise lawful activity pursuant to a candidate conservation agreement with assurances entered into under subsection (k) or a safe harbor agreement entered into under subsection (l).''. (b) Agreements.--Section 10 of such Act (16 U.S.C. 1539) is amended by adding at the end the following: ``(k) Candidate Conservation Agreements.-- ``(1) In general.--At the request of any non-Federal person, the Secretary may enter into a candidate conservation agreement with assurances with the person for a species that has been proposed for listing under section 4(c)(1), is a candidate species, or is likely to be considered for listing in the near future on areas where the person has a fee simple, leasehold, or other property interest (including water or other natural resources) sufficient to carry out the proposed management activities, including on lands or waters under Federal ownership or control. ``(2) Review by the secretary.-- ``(A) Submission to the secretary.--A non-Federal person may submit a candidate conservation agreement with assurances developed under paragraph (1) to the Secretary for review at any time prior to the listing described in section 4(c)(1) of a species that is the subject of the agreement. ``(B) Criteria for approval.--The Secretary may approve an agreement and issue a permit under subsection (a)(1)(C) for the agreement if, after notice and opportunity for public comment, the Secretary finds that-- ``(i) for species proposed for listing, candidates for listing, or are likely to be considered for listing in the near future, that are included in the agreement, the actions taken under the agreement, would provide a beneficial contribution to the conservation of the species or its habitat during the duration of the agreement; ``(ii) the actions taken under the agreement will not appreciably reduce the likelihood of survival and recovery of an endangered species or a threatened species; and ``(iii) the agreement includes such monitoring and reporting requirements as reasonably necessary for determining whether the terms and conditions of the agreement are being complied with. ``(3) Effective date of permit.--A permit issued under subsection (a)(1)(C) shall take effect at the time the species is listed pursuant to section 4(c), if the permittee is in full compliance with the terms and conditions of the agreement. ``(4) Assurances.--A person who has entered into a candidate conservation agreement under this subsection, and is in compliance with the agreement, may not be required to undertake any additional measures for species covered by such agreement if the measures would require the payment of additional money, or the adoption of additional use, development, or management restrictions on any land, waters, or water-related rights that would otherwise be available under the terms of the agreement without the consent of the person entering into the agreement. The Secretary and the person entering into a candidate conservation agreement, by the terms of the agreement, shall identify-- ``(A) other modifications to the agreement; or ``(B) other additional measures; if any, that the Secretary may require under extraordinary circumstances.''. SEC. 4. SAFE HARBOR AGREEMENTS. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) (as amended by section 3) is further amended by adding at the end the following: ``(l) Safe Harbor Agreements.-- ``(1) Agreements.-- ``(A) In general.--The Secretary may enter into agreements with non-Federal persons to benefit the conservation of endangered species or threatened species by creating, restoring, or improving areas as habitat or by maintaining currently unoccupied habitat for endangered species or threatened species. Under an agreement, the Secretary shall permit the person to take endangered species or threatened species included under the agreement on lands or waters that are subject to the agreement if the taking is incidental to, and not the purpose of, carrying out of an otherwise lawful activity, except that the Secretary may not permit through an agreement any incidental taking below the baseline requirement specified pursuant to subparagraph (B). ``(B) Baseline.--For each agreement under this subsection, the Secretary shall establish a baseline requirement that is mutually agreed on by the applicant and the Secretary at the time of the agreement that will, at a minimum, maintain existing conditions for the species covered by the agreement on lands and waters that are subject to the agreement. The baseline may be expressed in terms of the abundance or distribution of endangered or threatened species, quantity or quality of habitat, or such other indicators as appropriate. ``(2) Criteria for approval.--The Secretary may approve an agreement and issue a permit under subsection (a)(1)(C) for the agreement if, after notice and opportunity for public comment, the Secretary finds that-- ``(A) the implementation of the terms of the agreement is reasonably expected to provide a beneficial contribution to the recovery of the species during the duration of the agreement; ``(B) the take will be incidental to an otherwise lawful activity and will be in accordance with the terms of the agreement; ``(C) the actions taken under the agreement will not appreciably reduce the likelihood of survival and recovery of an endangered species or threatened species; and ``(D) the agreement includes such monitoring and reporting requirements as reasonably necessary for determining whether the terms and conditions of the agreement are being complied with. ``(3) Effective date of the permit.--A permit issued under subsection (a)(1)(C) shall take effect on the day of issuance for species covered by the agreement.''. SEC. 5. FINANCIAL ASSISTANCE. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) (as amended by section (4)) is further amended by adding at the end the following: ``(m) Financial Assistance.-- ``(1) In general.--In cooperation with the States and subject to the availability of appropriations, the Secretary may provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out a candidate conservation agreement with assurances or safe harbor agreement under this subsection. ``(2) Prohibition on assistance for required activities.-- The Secretary may not provide assistance under this paragraph for any action that is required by a permit, candidate conservation agreement with assurances, or safe harbor agreement under this Act or that is otherwise required under this Act or other Federal law. ``(3) Other payments.--A grant provided to an individual private landowner under this paragraph shall be in addition to, and not affect, the total amount of payments that the landowner is otherwise eligible to receive under Federal law.''.", "summary": "Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species Act of 2018 or the PREDICTS Act of 2018 This bill amends the Endangered Species Act of 1973 to provide statutory authority for requirements regarding habitat conservation plans, candidate conservation agreements, and safe harbor agreements. Those plans and agreements give nonfederal property owners incentives, such as assurances regarding resource use restrictions, if the owner contributes towards the recovery or conservation of an endangered species, a threatened species, or a species that is a candidate for listing as an endangered or threatened species. Under current regulations, a habitat conservation plan is required for entities to hold an incidental take permit for a project that may result in the incidental taking of an endangered or threatened species. Under candidate conservation agreements and safe harbor agreements, property owners enter into agreements with the Department of the Interior or the Department of Commerce, as appropriate, to address the needs of endangered, threatened, or candidate species in exchange for assurances regarding resource use restrictions that might be imposed if circumstances change. Each incidental take permit, candidate conservation agreement, and safe harbor agreement must contain certain assurances governing permit revocation, changed circumstances, and unforeseen circumstances as prescribed by the bill. The departments may provide grants to individual private landowners to assist the landowners in carrying out candidate conservation agreements or safe harbor agreements."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Commerce Enhancement Act of 2000''. TITLE I--ELECTRONIC COMMERCE SEC. 101. FINDINGS. The Congress finds the following: (1) Commercial transactions on the Internet, whether retail business-to-customer or business-to-business, are commonly called electronic commerce. (2) In the United States, business-to-business transactions between small and medium-sized manufacturers and other such businesses and their suppliers is rapidly growing, as many of these businesses begin to use Internet connections for supply- chain management, after-sales support, and payments. (3) Small and medium-sized manufacturers and other such businesses play a critical role in the United States economy. (4) Electronic commerce can help small and medium-sized manufacturers and other such businesses develop new products and markets, interact more quickly and efficiently with suppliers and customers, and improve productivity by increasing efficiency and reducing transaction costs and paperwork. Small and medium-sized manufacturers and other such businesses who fully exploit the potential of electronic commerce activities can use it to interact with customers, suppliers, and the public, and for external support functions such as personnel services and employee training. (5) The National Institute of Standards and Technology's Manufacturing Extension Partnership program has a successful record of assisting small and medium-sized manufacturers and other such businesses. In addition, the Manufacturing Extension Partnership program, working with the Small Business Administration, successfully assisted United States small enterprises in remediating their Y2K computer problems. (6) A critical element of electronic commerce is the ability of different electronic commerce systems to exchange information. The continued growth of electronic commerce will be enhanced by the development of private voluntary interoperability standards and testbeds to ensure the compatibility of different systems. SEC. 102. REPORT ON THE UTILIZATION OF ELECTRONIC COMMERCE. (a) Advisory Panel.--The Director of the National Institute of Standards and Technology (in this title referred to as the ``Director'') shall establish an Advisory Panel to report on the challenges facing small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The Advisory Panel shall be comprised of representatives of the Technology Administration, the National Institute of Standards and Technology's Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), the Small Business Administration, and other relevant parties as identified by the Director. (b) Initial Report.--Within 12 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the immediate requirements of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall-- (1) describe the current utilization of electronic commerce practices by small and medium-sized manufacturers and other such businesses, detailing the different levels between business-to-retail customer and business-to-business transactions; (2) describe and assess the utilization and need for encryption and electronic authentication components and electronically stored data security in electronic commerce for small and medium-sized manufacturers and other such businesses; (3) identify the impact and problems of interoperability to electronic commerce, and include an economic assessment; and (4) include a preliminary assessment of the appropriate role of, and recommendations for, the Manufacturing Extension Partnership program to assist small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. (c) Final Report.--Within 18 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 3-year assessment of the needs of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall include-- (1) a 3-year planning document for the Manufacturing Extension Partnership program in the field of electronic commerce; and (2) recommendations, if necessary, for the National Institute of Standards and Technology to address interoperability issues in the field of electronic commerce. SEC. 103. ELECTRONIC COMMERCE PILOT PROGRAM. The National Institute of Standards and Technology's Manufacturing Extension Partnership program, in consultation with the Small Business Administration, shall establish a pilot program to assist small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The goal of the pilot program shall be to provide small and medium-sized manufacturers and other such businesses with the information they need to make informed decisions in utilizing electronic commerce-related goods and services. Such program shall be implemented through a competitive grants program for existing Regional Centers for the Transfer of Manufacturing Technology established under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k). In carrying out this section, the Manufacturing Extension Partnership program shall consult with the Advisory Panel and utilize the Advisory Panel's reports. TITLE II--ENTERPRISE INTEGRATION SEC. 201. ENTERPRISE INTEGRATION ASSESSMENT AND PLAN. (a) Assessment.--The Director shall work to identify critical enterprise integration standards and implementation activities for major manufacturing industries underway in the United States. For each major manufacturing industry, the Director shall work with industry representatives and organizations currently engaged in enterprise integration activities and other appropriate representatives as necessary. They shall assess the current state of enterprise integration within the industry, identify the remaining steps in achieving enterprise integration, and work toward agreement on the roles of the National Institute of Standards and Technology and of the private sector in that process. Within 90 days after the date of the enactment of this Act, the Director shall report to the Congress on these matters and on anticipated related National Institute of Standards and Technology activities for the then current fiscal year. (b) Plans and Reports.--Within 180 days after the date of the enactment of this Act, the Director shall submit to the Congress a plan for enterprise integration for each major manufacturing industry, including milestones for the National Institute of Standards and Technology portion of the plan, the dates of likely achievement of those milestones, and anticipated costs to the Government and industry by fiscal year. Updates of the plans and a progress report for the past year shall be submitted annually until for a given industry, in the opinion of the Director, enterprise integration has been achieved. SEC. 202. DEFINITIONS. For purposes of this title-- (1) the term ``Director'' means the Director of the National Institute of Standards and Technology; (2) the term ``enterprise integration'' means the electronic linkage of manufacturers, assemblers, and suppliers to enable the electronic exchange of product, manufacturing, and other business data among all businesses in a product supply chain, and such term includes related application protocols and other related standards; and (3) the term ``major manufacturing industry'' includes the aerospace, automotive, electronics, shipbuilding, construction, home building, furniture, textile, and apparel industries and such other industries as the Director designates. Passed the House of Representatives September 26, 2000. Attest: JEFF TRANDAHL, Clerk.", "summary": "Requires the MEP program to: (1) establish a pilot program to assist such manufacturers and businesses in integrating and utilizing electronic commerce technologies and business practices through a competitive grants program; and (2) consult with the Panel and utilize the Panel's reports. Title II: Enterprise Integration - Requires the Director to: (1) identify current critical enterprise integration standards and implementation activities for major manufacturing industries; (2) report to Congress on such matters and anticipated related NIST activities for that fiscal year; and (3) submit to Congress a plan for enterprise integration for each major manufacturing industry (requiring annual plan updates)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Mining Claim Maintenance Act of 2001''. SEC. 2. REFERENCES. Any reference in this Act to the ``general mining laws'' is a reference to those Acts which generally comprise chapters 2, 12A, 16, 161 and 162 of title 30 of the United States Code. TITLE I--MINING CLAIM FEES SEC. 101. MAINTENANCE FEE. (a) Claim Maintenance Fee.--Except as provided in subsections (c), (d), and (e), the holder of each unpatented mining claim, mill or tunnel site located pursuant to the general mining laws, whether located before or after the enactment of this Act, shall pay to the Secretary of the Interior, on or before August 31 of each year, a claim maintenance fee of $100 per claim. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the general mining laws and the related filing requirements contained in section 314 (a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744 (a) and (c)). (b) Time of Payment.--The claim maintenance fee payable pursuant to subsection (a) for any assessment year (as defined under the general mining laws) shall be paid before the commencement of the assessment year. The location fee imposed under section 102 shall be payable not later than 90 days after the date of location. (c) Oil Shale Claims Subject to Claim Maintenance Fees Under Energy Policy Act of 1992.--This section shall not apply to any oil shale claims for which a fee is required to be paid under section 2511(e)(2) of the Energy Policy Act of 1992 (106 Stat. 3111; 30 U.S.C. 242). (d) Waiver for Patent Applicants.--(1) The Secretary may waive the claim maintenance fee required under this section for a claimant who certifies in writing to the Secretary that on the date the payment was due, the claimant and all related parties-- (A) had filed a patent application with the Secretary on or before September 30, 1994; and (B) had fully complied with all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, by that date. (e) Exceptions for Claimants Holding 10 or Fewer Mining Claims.-- (1) In general.--A claimant may elect to perform the assessment work required under the general mining laws in lieu of paying the maintenance fee required under this section if the claimant who certifies in writing to the Secretary that on the date the payment was due, the claimant and all related parties-- (A) are producing hard rock minerals under a valid notice or plan of operation which production results in not less than $1,500 and not more than $800,000 in gross revenues per year from a total of 10 or fewer claims, as certified by the claimant; (B) are performing exploration work to disclose, expose, or otherwise make known possible valuable mineralization on a total of 10 or fewer claims under a valid notice or plan of operation; and (C) have less than 10 acres of unreclaimed surface disturbance from such mining activity or such exploration work. (2) Claimants electing to do assessment work.--A claimant holding 10 or fewer mining claims, who elects to do the assessment work required by the general mining laws in lieu of paying the claim maintenance fee required under this section shall be required to meet the filing requirements of section 314(a) and (c) of the Federal Land Policy and Management Act (43 U.S.C. 1744 (a) and (c)) on such 10 or fewer claims and shall certify the performance of such assessment work to the Secretary of the Interior by August 31 of each year. (3) Definitions.--For purposes of this section: (1) With respect to any claimant, the term ``related party'' means-- (A) the spouse and dependent children (as defined in section 152 of the Internal Revenue Code of 1986), of the claimant; and (B) a person who controls, is controlled by, or is under common control with the claimant. (2) The term ``control'' includes actual control, legal control, and the power to exercise control, through or by common directors, officers, stockholders, a voting trust, or a holding company or investment company, or any other means. SEC. 102. LOCATION FEE. Notwithstanding any other provision of law, for every unpatented mining claim, mill or tunnel site located after the date of enactment of this title, pursuant to the general mining laws, the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary of the Interior a location fee, in addition to the claim maintenance fee required by section 101, of $25.00 per claim. SEC. 103. CO-OWNERSHIP. The co-ownership provisions of the general mining laws shall remain in effect, except that in applying such provisions, the annual claim maintenance fee required under this title shall, where applicable, replace applicable assessment requirements and expenditures. SEC. 104. FAILURE TO PAY. Failure to pay the claim maintenance fee or the location fee on the date due as required by this title shall conclusively constitute a forfeiture of the unpatented mining claim, mill or tunnel site by the claimant and the claim shall be deemed null and void by operation of law. SEC. 105. OTHER REQUIREMENTS. (a) Federal Land Policy and Management Act Requirements.--Nothing in this title shall change or modify the requirements of section 314(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)), of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(c)) related to filings required by section 314(b), and such requirements shall remain in effect with respect to claims, and mill or tunnel sites for which fees are required to be paid under this section. (b) Revised Statutes Section 2324.--The third sentence of section 2324 of the Revised Statutes (30 U.S.C. 28) is amended by inserting after ``On each claim located after the tenth day of May, eighteen hundred and seventy-two,'' the following: ``that is granted a waiver under section 101 (d) or (e) of the Mining Claim Maintenance Act of 2001''. (c) Fee Adjustments.--(1) The Secretary of the Interior shall adjust the fees required by this title to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years after the date of the enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable. (2) The Secretary shall provide claimants notice of any adjustment made under this subsection not later than July 1 of any year in which the adjustment is made. (3) A fee adjustment under this subsection shall begin to apply the first assessment year (as defined under the general mining laws) which begins at noon on the first day of September after the adjustment is made. SEC. 106. REGULATIONS. The Secretary of the Interior shall promulgate rules and regulations to carry out the terms and conditions of this title as soon as practicable after the date of the enactment of this title. TITLE II--LIMITATION ON PATENTS SEC. 201. MINING CLAIMS After the date of enactment of this Act, no patent shall be issued by the United States for any mining claim located under the general mining laws or under this Act unless the Secretary determines that, for the claim concerned-- (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims were fully complied with by that date. If the Secretary makes the determinations referred to in paragraphs (1) and (2) for any mining claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States. SEC. 202. MILL SITES. After the date of enactment of this Act, no patent shall be issued by the United States for any mill site claim located under the general mining laws unless the Secretary determines that for the mill site concerned-- (1) a patent application for such land was filed with the Secretary on or before September 30, 1994; and (2) all requirements applicable to such patent application were fully complied with by that date. If the Secretary makes the determinations referred to in paragraphs (1) and (2) for any mill site claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States.", "summary": "Mining Claim Maintenance Act of 2001 - Requires: (1) the holder of each unpatented mining claim, mill, or tunnel site (except for certain patent applicants and claimants holding ten or fewer mining claims) to pay to the Secretary of the Interior an annual claim maintenance fee of $100 per claim in lieu of specified statutory assessment work requirements; and (2) the locator of every unpatented mining claim, mill, or tunnel site to pay a location fee of $25 per claim in addition to the claim maintenance fee.Prohibits the issuance of any Federal mining patent or mill site claim, unless: (1) the patent application was filed on or before September 30, 1994; and (2) specified requirements for vein or lode claims and placer claims were fully complied with."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Short-Term Disability Insurance Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to offer voluntary insurance to Federal employees for protection against the loss of pay resulting from-- (1) short-term injury or disability; (2) short-term leave taken for the purpose of caring for a family member; (3) the birth of a child of such an employee; or (4) making arrangements to adopt a child or to become a foster parent. SEC. 3. NON-WORK RELATED DISABILITY INSURANCE. (a) In General.--Title 5, United States Code, is amended by inserting after chapter 87 the following: ``CHAPTER 88--NON-WORK RELATED SHORT-TERM DISABILITY INSURANCE ``Sec. ``8801. Definitions. ``8802. Availability of insurance. ``8803. Contracting authority. ``8804. Benefits. ``8805. Premiums. ``8806. Preemption. ``8807. Studies, reports, and audits. ``8808. Jurisdiction of courts. ``8809. Administrative functions. ``8810. Cost accounting standards. ``Sec. 8801. Definitions ``For purposes of this chapter-- ``(1) the term `Director' means the Director of the Office of Personnel Management; ``(2) the term `employee' means-- ``(A) an employee defined in section 8901(1); and ``(B) an officer or employee of the United States Postal Service or of the Postal Regulatory Commission; ``(3) the term `injury or disability', with respect to an employee, means that such employee is unable to perform the essential functions of such employee's position of employment with the Federal Government; ``(4) the term `member of family' has the meaning given such term in section 8901(5); ``(5) the term `carrier' means an insurance company that is licensed to issue disability insurance in all States, taking into account any subsidiaries or affiliates of such a company; and ``(6) the term `State' includes the District of Columbia. ``Sec. 8802. Availability of insurance ``(a) The Director shall establish and administer a program to make insurance coverage available under this chapter-- ``(1) for an injury or disability not covered under chapter 81; ``(2) for leave to care for, or leave to make arrangements to care for, a member of family, including the birth of a son or a daughter; and ``(3) for leave to make arrangements-- ``(A) to become a foster parent; or ``(B) to adopt a child. ``(b) Insurance shall not be available under this chapter if the injury or disability of an employee is-- ``(1) caused by willful misconduct of such employee; ``(2) caused by such employee's intention to bring about such injury or disability to himself or to another individual; or ``(3) proximately caused by the intoxication of such employee. ``(c) In addition to the requirements otherwise applicable under section 8801(5), an insurance contract under this chapter must be fully insured, whether through reinsurance with other carriers or otherwise. ``Sec. 8803. Contracting authority ``(a) The Director shall, without regard to any statute requiring competitive bidding, contract with one or more carriers for a policy or policies of disability insurance as described under this chapter. The Director shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. ``(b)(1) Each contract under this section shall contain-- ``(A) a detailed statement of the benefits offered (including any maximums, limitations, exclusions, and other definitions of benefits); ``(B) the premiums charged (including any limitations or other conditions on their subsequent adjustment); ``(C) the duration of the enrollment period; and ``(D) such other terms and conditions (including procedures for establishing eligibility for insurance under this chapter) as may be determined by the Director, consistent with the requirements of this chapter. ``(2) Premiums charged under a contract under this section shall reasonably and equitably reflect the cost of the benefits provided, as determined by the Director. ``(c)(1) Each contract under this section shall require the carrier-- ``(A) to provide payments or benefits described in section 8804(c) to an employee if such employee is entitled thereto under the terms of the contract; and ``(B) with respect to disputes regarding claims for payments or benefits under the terms of the contract-- ``(i) to establish internal procedures designed to resolve such disputes expeditiously; and ``(ii) to establish, for disputes not resolved through procedures under clause (i), procedures for one or more alternative means of dispute resolution involving independent third-party review under circumstances acceptable to the Director. ``(2) The carrier's determination as to whether or not a particular employee is eligible to obtain insurance coverage under this chapter shall be subject to review to the extent and in the manner provided in the applicable contract. ``(3) Nothing in this chapter shall be considered to grant authority for a third-party reviewer to change the terms of any contract under this chapter. ``(d)(1) Each contract under this section shall be for a term of not less than 3 years and not greater than 7 years, and may be terminated earlier than the termination date of such contract by the Director in accordance with the terms of such contract. However, the rights and responsibilities of the enrolled employee, the insurer, and the Director under each contract shall continue with respect to such employee until the termination of coverage of the enrolled employee or the effective date of a successor contract. ``(2) A contract described in paragraph (1) may be made automatically renewable, for a term of 1 year each January 1, unless written notice of non-renewal is given either by the Director or the carrier not less than 180 days before the renewal date, or unless modified by mutual agreement. ``(3) A contract described in paragraph (1) shall include such provisions as may be necessary to ensure that, once an employee becomes duly enrolled, insurance coverage pursuant to that enrollment shall be terminated only if the individual is separated from Federal service or, where appropriate, for non-payment of premiums. ``Sec. 8804. Benefits ``(a) The Director may prescribe reasonable minimum standards for benefit plans offered under this chapter. ``(b)(1) Benefits provided to an employee under this chapter shall offset other benefits received by such employee for the same injury or disability, leave to care for or make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent including worker's compensation and disability retirement income. ``(2) A contract providing benefits under this chapter-- ``(A) shall not provide for a preexisting condition exclusion; and ``(B) shall not charge higher premiums, deny coverage, or drop coverage of an employee with a preexisting condition. ``(3) A contract providing benefits under this chapter shall provide incentives for an employee who is receiving benefits under such contract to return to work. ``(c)(1) For each instance that such employee suffers an injury or disability, takes leave to care for or make arrangements to care for a member of family (including the birth of a son or a daughter), or takes leave to make arrangements to adopt a child or become a foster parent, and is eligible for benefits under this chapter, such employee may receive benefits under this chapter for a period not to exceed 12 months beginning on the date on which such employee qualifies for such benefits. An employee shall receive such benefits after the expiration of the waiting period selected by such employee under paragraph (2)(A). The amount of benefits shall be equal to the lesser of-- ``(A) 70 percent of the annual rate of pay, excluding bonuses, of an employee at the time of the injury or disability of such employee occurs; or ``(B) 70 percent of the maximum rate of basic pay provided for grade GS-15 of the General Schedule. ``(2)(A) The period for which benefits are payable to an employee under this subsection shall begin after the completion of a waiting period, subject to the requirement in subparagraph (C). An employee shall elect one of the following waiting period options: ``(i) On the 8th day of continuous injury or disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(ii) On the 31st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(iii) On the 91st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(iv) On the 181st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(B) An employee who elects to receive benefits earlier shall pay a higher premium. ``(C) A waiting period selected under subparagraph (A) shall begin on the first day of an employee's injury or disability. ``Sec. 8805. Premiums ``(a) Each eligible individual obtaining insurance coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. ``(b) The amount necessary to pay the premiums for enrollment shall be withheld from the pay of the enrolled individual. ``(c) The carrier participating under this chapter shall maintain records that permit it to account for all amounts received under this chapter (including investment earnings on those amounts) separate and apart from all other funds. ``(d)(1)(A) The Employees' Life Insurance Fund is available, without fiscal year limitation, for reasonable expenses incurred in administering this chapter before the start of the first term described in section 8803(d)(1), including reasonable implementation costs. ``(B) Such Fund shall be reimbursed, before the end of the first year of a contract described in section 8803(d)(1), for all amounts obligated or expended under subparagraph (A) (including lost investment income). Reimbursement under this subparagraph shall be made by the carrier in accordance with applicable provisions included in the relevant contract. ``(C)(i) There is hereby established in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to the Office of Personnel Management, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first term described in section 8803(d)(1). ``(ii) A contract under this chapter shall include appropriate provisions under which the carrier involved shall, during each year, make such periodic contributions to the Non-Work Related Disability Insurance Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office of Personnel Management in administering this chapter during such year (adjusted to reconcile for any earlier overestimates or underestimates under this subparagraph) are defrayed. ``(e) Nothing in this chapter shall, in the case of an enrolled individual applying for an extension of insurance coverage under this chapter after the expiration of such enrolled individual's first opportunity to enroll, preclude the application of underwriting standards for later enrollment. ``Sec. 8806. Preemption ``(a) The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State, territorial, tribal, or local law, or any regulation issued thereunder, which relates to non-work related disability insurance or contracts. ``(b)(1) No tax, fee, or other monetary payment may be imposed or collected, directly or indirectly, by any State, territory, tribe, or locality, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid for an insurance policy under this chapter. ``(2) Paragraph (1) shall not be construed to exempt any company or other entity issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such entity from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity. ``(c) No law of a State, territory, tribe, or locality, pertaining to subrogation or reimbursement with respect to benefits provided under this chapter, shall operate except as expressly adopted by the Director. ``Sec. 8807. Studies, reports, and audits ``(a) A contract under this chapter shall contain provisions requiring the carrier to furnish such reasonable reports as the Director determines to be necessary to enable the Director to carry out the Director's functions under this chapter. ``(b) Each Federal agency shall keep such records, make such certifications, and furnish the Director, the carrier, or both, with such information and reports as the Director may require. ``(c) The Director shall conduct periodic reviews of each plan under this chapter to ensure its competitiveness. ``Sec. 8808. Jurisdiction of courts ``The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8803(c) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter. ``Sec. 8809. Administrative functions ``(a)(1) Except as otherwise provided in this chapter, the Director shall prescribe regulations necessary to carry out this chapter and to make arrangements as necessary with other agencies and payroll systems to implement the program. ``(2) Except as otherwise provided by law, the Director shall specify in regulation the treatment of time spent by an individual in receipt of benefits under this chapter for the purposes of periodic increases in pay, retention purposes, and other rights, benefits, and conditions of employment for which length of service is a factor. ``(b) The carrier shall provide for periodic coordinated enrollment, promotion, and education efforts, as specified by the Director. ``Sec. 8810. Cost accounting standards ``The cost accounting standards issued pursuant to section 1502 of title 41 shall not apply with respect to an insurance contract under this chapter.''. (b) Conforming Amendment.--Section 1005(f) of title 39, United States Code, is amended by inserting ``88,'' after ``87,''. (c) Clerical Amendment.--The analysis for part III of title 5, United States Code, is amended by adding at the end of subpart G the following: ``88. Non-Work Related Short-Term Disability Insurance...... 8801''. (d) Date of Application.--The amendment made by subsection (a) shall apply to contracts that take effect with respect to the first calender year that begins more than 18 months after the date of enactment of this section.", "summary": "Federal Employee Short-Term Disability Insurance Act of 2011 - Requires the Director of the Office of Personnel Management (OPM) to establish and administer a program for short-term (i.e., up to 12 months) disability insurance coverage for federal employees for: (1) an injury or disability that is not work related, (2) leave to care for a family member, and (3) leave to make arrangements to become a foster parent or to adopt a child. Disqualifies an employee for such insurance if an injury or disability is caused by willful misconduct, a self-inflicted injury, or intoxication. Requires the Director to contract with one or more insurance carriers for disability insurance coverage plans, without regard to competitive bidding requirements. Requires such plans to contain a detailed statement of benefits offered, the premiums charged, and the duration of the enrollment period. Authorizes the Director to prescribe reasonable minimum standards for benefits offered by such plans, including a prohibition against excluding or penalizing an employee for a preexisting condition. Requires individuals eligible for coverage under a disability insurance plan to be responsible for 100% of the premiums for the coverage offered. Establishes in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to OPM to defray reasonable expenses incurred in administering this Act and to which contracted carriers shall make contributions necessary to cover such expenses."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Cesar Chavez National Historical Park Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) The Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 on October 8, 2012, for the purposes of protecting and interpreting the nationally significant resources associated with the property in Keene, California, known as Nuestra Senora Reina de la Paz. (2) Nuestra Senora Reina de la Paz served as the national headquarters of the United Farm Workers movement, and was the home and workplace of Cesar Chavez, his family, union members, and supporters. (3) While Cesar E. Chavez National Monument marks the extraordinary achievements and contributions to the history of the United States by Cesar Chavez and the farm worker movement, there are other significant sites in California and Arizona that are important to the story of the farm worker movement. (b) Purpose.--The purpose of this Act is to establish the Cesar Chavez National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar Chavez and the farm worker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United Sates made by Cesar Chavez and the farm worker movement; and (3) to support and enhance the network of sites and resources associated with Cesar Chavez and the farm worker movement. SEC. 3. DEFINITIONS. In this section: (1) Historical park.--The term ``historical park'' means the Cesar Chavez National Historical Park established by section 4(a). (2) Map.--The term ``map'' means the map entitled, ``___'', numbered ___, and dated ___, __. (3) Route.--The term ``route'' means the ``American Farm Worker Movement Interpretive Route'' established by section 5. (4) Secretary.--The term ``Secretary'' means the Secretary of Interior. (5) States.--The term ``States'' means-- (A) the State of California; and (B) the State of Arizona. SEC. 4. CESAR CHAVEZ NATIONAL HISTORICAL PARK. (a) Establishment.--There is established in the States a unit of the National Park System to be known as the ``Cesar Chavez National Historical Park''. (b) Boundary.--The boundary of the historical park shall include the following areas as generally depicted on the map: (1) The Forty Acres and Filipino Community Hall in Delano, California. (2) Cesar E. Chavez National Monument, which includes La Nuestra Senora Reina de la Paz, in Keene, California. (3) McDonnell Hall in San Jose, California. (4) Santa Rita Center in Phoenix, Arizona. (c) Availability of Map.--The map shall be available for public inspection in the appropriate offices of the National Park Service, Department of Interior. (d) Land Acquisition.--The Secretary may acquire land and interests in land that are within the boundary of the historical park by donation, purchase with donated or appropriated funds, or exchange. (e) Abolishment of Cesar E. Chavez National Monument.-- (1) In general.--Cesar E. Chavez National Monument is hereby abolished and the lands and interests therein are incorporated within and made part of the historical park. Any funds available for purposes of the monument shall be available for purposes of the historical park. (2) References.--Any reference in a law (other than in this Act), regulation, document, record, map or other paper of the United States to Cesar E. Chavez National Monument shall be considered a reference to the historical park. (f) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with this section, and the laws generally applicable to units of the National Park System, including-- (A) those sections of title 54, United States Code, formerly part of the Act of August 25, 1916 (commonly known as the National Park System Organic Act); and (B) sections 320101 through 320106 and section 309101 of title 54, United States Code. (2) Interpretation.--The Secretary may provide staff and technical assistance for the purpose of interpreting historic sites, museums, and resources on lands not administered by the Secretary relating to the life of Cesar Chavez and the history of the farm worker movement. (3) Cooperative agreements.-- (A) In general.--The Secretary may enter into cooperative agreements with the States, local governments, public and private organizations, and individuals-- (i) to mark, interpret, preserve, and restore nationally significant historic or cultural resources relating to the life of Cesar Chavez or the history of the farm worker movement within the boundaries of the historical park, if the agreement provides for reasonable public access; (ii) to conduct research relating to the life of Cesar Chavez or the history of the farm worker movement; or (iii) to design, construct, operate, or maintain National Park Service visitor, interpretive, or administrative facilities for the historical park. (B) Cost-sharing requirement.-- (i) Federal share.--The Federal share of the total cost of an activity carried out under this paragraph shall not exceed 50 percent. (ii) Form of non-federal share.--The non- Federal share of the cost of carrying out an activity under this paragraph may be in the form of in-kind contributions or goods or services, fairly valued. (g) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 100502 of title 54, United States Code. (2) Additional sites.--The general management plan shall include a determination of whether there are additional representative sites in the States that should be added to the historical park or sites in the rest of the United States that relate to the farm worker movement that should be linked to and interpreted at the historical park. (3) Consultation.--The general management plan shall be prepared in consultation with-- (A) owners of properties that are included within the boundaries of the historical park; and (B) appropriate Federal, State, public and private organizations and individuals, including-- (i) the National Chavez Center; and (ii) the Cesar Chavez Foundation. SEC. 5. AMERICAN FARM WORKER MOVEMENT INTERPRETIVE ROUTE. (a) Establishment of Route.--The Secretary, with the concurrence of the agency having jurisdiction over the relevant roads, trails, and properties, may designate a vehicular tour route known as the ``American Farm Worker Movement Interpretive Route'' to link properties in the States that are historically and thematically associated with Cesar Chavez and the farm worker movement. (b) Elements of Route.--Subject to the consent of the owner of the property, the Secretary may designate as an official stop on the route-- (1) all units and programs of the historical park relating to the life of Cesar Chavez and the history of the farm worker movement; (2) other Federal, State, local, and privately owned properties that the Secretary determines have a verifiable connection to Cesar Chavez and the farm worker movement; and (3) other governmental and nongovernmental facilities and programs of an educational, commemorative, research, or interpretive nature that the Secretary determines to be related to Cesar Chavez and the history of the farm worker movement. (c) Administration of Route.--The route shall be administered by the Secretary. (d) Activities.--To facilitate the establishment of the route and the dissemination of information regarding the route, the Secretary may-- (1) work with interested entities and individuals to mark, interpret and preserve sites associated with Cesar Chavez and the farm worker movement; (2) produce and disseminate appropriate educational materials regarding the route, such as handbooks, maps, exhibits, signs, interpretive guides, and electronic information; (3) coordinate the management, planning, and standards of the route in partnership with participating properties, other Federal agencies, and State and local governments; (4) create and adopt an official uniform symbol or device to mark the route; and (5) issue guidelines for the use of the symbol or device adopted under paragraph (4).", "summary": "Cesar Chavez National Historical Park Act This bill establishes as a unit of the National Park System the Cesar Chavez National Historical Park in California and Arizona, replacing the Cesar E. Chavez National Monument and incorporating the Monument lands and interests within, and as part of, the Historical Park. The Department of the Interior may provide staff and technical assistance for the interpretation of historic sites, museums, and resources on lands not administered by Interior related to the life of Cesar Chavez and the history of the farm worker movement. Interior may designate a vehicular tour route, to be known as the American Farm Worker Movement Interpretive Route, to link properties in California and Arizona that are historically and thematically associated with Cesar Chavez and the farm worker movement."}
{"article": "SECTION 1. PURPOSE. It is the purpose of this Act to ensure that Federal funding is provided to support and sustain the longstanding Federal mandate requiring Fort Lewis College in the State of Colorado to waive tuition charges for each Indian student it admits to an undergraduate program, including the waiver of tuition charges for Indian students who are not residents of the State of Colorado. SEC. 2. FINDINGS. Congress finds that-- (1) Fort Lewis College in the State of Colorado is a signature school for Indian students from throughout the Nation and graduates more Indian students than any other baccalaureate institution of higher education; (2) in 2009, Fort Lewis College awarded 95 degrees in science, technology, engineering, and mathematics to Indian students, representing 13.5 percent of degrees awarded by baccalaureate institutions of higher education to Indian students, more degrees than any other comparable baccalaureate institution in the Nation; (3) as of the 2010-11 academic year, Fort Lewis College provides federally mandated tuition-free education to approximately 786 Indian students from 124 different Indian tribes and 34 different States, representing approximately 20 percent of the overall student population at this non-tribal institution of higher education that serves Indian students; (4) the Federal mandate to provide tuition-free education to Indian students was first placed upon the State of Colorado under section 5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), as a condition of the transfer of the land, buildings, and fixtures comprising Fort Lewis School, which had been federally operated; (5) the amount of funds expended by the State of Colorado to meet the waiver of tuition obligations under section 5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), for all Indian students, both out-of-State and in-State, far exceeds the value of the land, buildings, and fixtures that the State of Colorado holds for the benefit of Fort Lewis College; (6) the State of Colorado has expended more than $110,000,000 in the past 25 years to meet the costs of the tuition waivers for Indian students at Fort Lewis College from 44 different States; and (7) the federally mandated tuition waiver program for Indian students at Fort Lewis College is at risk of being reduced by the severe budget constraints of the State of Colorado, thereby jeopardizing the education of many talented Indian students from around the Nation, in present and future classes. SEC. 3. STATE RELIEF FROM FEDERAL MANDATE. (a) Amount of Payment.-- (1) In general.--Subject to paragraph (2), for fiscal year 2011 and each succeeding fiscal year, the Secretary of Education shall pay to Fort Lewis College in the State of Colorado an amount equal to the charges for tuition for all Indian students who are not residents of the State of Colorado and who are enrolled in Fort Lewis College for the academic year ending before the beginning of such fiscal year. (2) Limitation.--The amount paid to Fort Lewis College for each fiscal year under paragraph (1) may not exceed the amount equal to the charges for tuition for all Indian students who were not residents of the State of Colorado and who were enrolled in Fort Lewis College for academic year 2010-2011. (b) Treatment of Payment.--Any amounts received under this section shall be treated as a reimbursement from the State of Colorado to Fort Lewis College for complying with the requirement of section 5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), to admit Indian students free of charge of tuition. (c) Rule of Construction.--Nothing in this Act shall be construed to relieve the State of Colorado from reimbursing, for purposes of complying with the requirements of section 5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), Fort Lewis College for each academic year-- (1) with respect to Indian students who are not residents of the State of Colorado and who are enrolled in Fort Lewis College, any amount of charges for tuition for such students that exceeds the amount received under this section for such academic year; and (2) with respect to Indian students who are residents of the State of Colorado and who are enrolled in Fort Lewis College, an amount equal to the charges for tuition for such students for such academic year. (d) Definition.--In this section, the term ``Indian students'' refers to the term ``Indian pupils'' in section 5 of the Act of April 4, 1910 (36 Stat. 269, chapter 140). (e) Funding.--There are authorized to be appropriated, and there are appropriated (in addition to any other amounts appropriated to carry out this section and out of any money in the Treasury not otherwise appropriated), such sums as may be necessary to carry out this section.", "summary": "Requires the Secretary of Education, beginning in FY2011, to pay to Fort Lewis College in Colorado an amount equal to the charges for tuition for enrolled Indian students who are not Colorado residents. Limits the amount paid to Fort Lewis College per fiscal year to an amount equal to the charges for tuition for Indian students who were non-Colorado residents and were enrolled for the academic year 2010-2011. Treats amounts received under this Act as a reimbursement from Colorado to Fort Lewis College for complying with federal law requiring the admission of Indian students at the College free of charge of tuition. Prohibits anything in this Act from being construed as relieving Colorado from reimbursing Fort Lewis College for each academic year: (1) with respect to enrolled Indian students who are not Colorado residents, any amount of the charges for their tuition which exceeds the amount received under this Act; and (2) with respect to enrolled Indian students who are Colorado residents, an amount equal to the charges for their tuition."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Positive Train Control Safety Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Implementation deadline. Sec. 3. Transparency. Sec. 4. Positive train control on high-hazard flammable trains. Sec. 5. Coordination of spectrum. Sec. 6. Confidential close call reporting systems. Sec. 7. Commuter rail track inspections. Sec. 8. Positive train control at grade crossings effectiveness study. Sec. 9. Redundant signal protection. SEC. 2. IMPLEMENTATION DEADLINE. Section 20157 of title 49, United States Code, is amended-- (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following: ``(h) Extension.-- ``(1) In general.--After transmitting the report under subsection (d), the Secretary may extend the implementation deadline, in 1-year increments, upon application, if the Secretary-- ``(A) determines that-- ``(i) full implementation will likely be infeasible due to circumstances beyond the control of the applicant, including funding availability, spectrum acquisition, resource and technology availability, and interoperability standards; ``(ii) the applicant has demonstrated good faith in its positive train control implementation; and ``(iii) the applicant has presented a revised positive train control implementation plan indicating how it will fully implement positive train control as soon as feasible, and not later than December 31, 2018; and ``(B) has taken into consideration-- ``(i) whether the affected areas of track have been identified as areas of greater risk to the public and railroad employees in the applicant's positive train control implementation plan under section 236.1011(a)(4) of title 49, Code of Federal Regulations; and ``(ii) the risk of operational failure to the affected service areas and the applicant. ``(2) Application review.--Not later than 120 days after the Secretary receives an application under paragraph (1), the Secretary review and approve or disapprove the application. ``(3) Maximum extension.--The Secretary may extend the implementation deadline for an applicant whose application is under review, but may not extend the implementation deadline beyond June 30, 2016.''. SEC. 3. TRANSPARENCY. Section 20157(a) of title 49, United States Code, as amended by section 2, is further amended by adding at the end the following: ``(3) Progress reports.-- ``(A) In general.--Beginning 6 months after the date of the enactment of the Positive Train Control Safety Act, and annually thereafter until its positive train control system is certified by the Secretary under subsection (h), each Class I railroad carrier, and each entity providing regularly scheduled intercity or commuter rail passenger transportation, required to submit a plan under paragraph (1) shall submit a progress report to the Secretary on the status of the plan. ``(B) Contents.--Each progress report submitted under subparagraph (A) shall include-- ``(i) a section describing-- ``(I) the total number of positive train control components required; ``(II) the number of such components that have been installed, equipped, or deployed; ``(III) the number of components that remain to be installed, equipped, or deployed; and ``(IV) an estimated completion date for full positive train control system completion; ``(ii) a section summarizing-- ``(I) the number of employees requiring training under section 236.1041 of title 49, Code of Federal Regulations; and ``(II) the status of such training activities; and ``(iii) a section summarizing the remaining challenges to full positive train control system implementation, including-- ``(I) testing issues; ``(II) interoperability challenges; and ``(III) certification challenges. ``(C) Defined term.--In this paragraph, the term `component' means a locomotive apparatus, a wayside interface unit, switches in non-signal positive train control territory, a base station radio, a wayside radio, or a locomotive radio. ``(D) Public availability.--Not later than 30 days after receiving a progress report under this paragraph, the Secretary shall make the report available on the website of the Federal Railroad Administration.''. SEC. 4. POSITIVE TRAIN CONTROL ON HIGH-HAZARD FLAMMABLE TRAINS. Section 20157(a)(1) of title 49, United States Code, as amended by this Act, is further amended-- (1) by striking ``Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, each'' and inserting ``Each''; (2) in subparagraph (B)-- (A) by striking ``parts'' and inserting ``sections''; and (B) by striking ``transported; and'' and inserting ``transported on or after December 31, 2015;''; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B), the following: ``(C) its main line over which 20 or more tank cars loaded with petroleum crude oil, ethanol, or other Class 3 material (as described in section 172.101 of title 49, Code of Federal Regulations) are transported; and''. SEC. 5. COORDINATION OF SPECTRUM. (a) Coordination of Spectrum.--Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 20168. Electromagnetic spectrum ``Not later than 120 days after the date of the enactment of the Positive Train Control Safety Act, the Secretary of Transportation, in coordination with the Chairman of the Federal Communications Commission, shall assess spectrum needs and availability for implementing positive train control systems (as defined in section 20157(j)). In carrying out this section, the Secretary and the Chairman may consult with external stakeholders.''. (b) Clerical Amendment.--The table of sections for chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20167 the following: ``20168. Electromagnetic spectrum.''. SEC. 6. CONFIDENTIAL CLOSE CALL REPORTING SYSTEMS. (a) In General.--Subchapter II of chapter 201 of title 49, United States Code, as amended by section 6(a), is further amended by adding at the end the following: ``Sec. 20169. Confidential close call reporting systems ``(a) Rulemaking.--Not later than 1 year after the date of the enactment of the Positive Train Control Safety Act, the Secretary shall promulgate regulations setting forth the requirements that an applicable railroad carrier shall follow in establishing a confidential close call reporting system program. The Secretary may use any information and experience gathered through research and pilot programs on confidential close call reporting systems in developing regulations under this subsection, including continuing the use of third parties for the collection of close call reports and distribution of close call data. The Secretary shall ensure that an applicable railroad carrier's employees receive protection under its program from any related Federal Railroad Administration enforcement actions. ``(b) Program Development and Oversight.-- ``(1) In general.--Not later than 180 days after the date on which final regulations are promulgated under subsection (a), an applicable railroad carrier shall develop and submit a proposed confidential close call reporting system program to the Secretary for review and approval. ``(2) Contents.--The proposal submitted by a railroad carrier under paragraph (1) shall-- ``(A) a describe the core principles and values of its proposed program; ``(B) explain the rights, roles, and responsibilities of program stakeholders; ``(C) identify concerns and interests; and ``(D) describe how the program will operate. ``(3) Review.-- ``(A) In general.--The Secretary shall review and approve or disapprove each proposed program within a reasonable amount of time. If a proposed program is not approved, the Secretary shall notify the applicable railroad carrier in writing of the specific areas in which the proposed program is deficient. The applicable railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice from the Secretary. ``(B) Updates.--An applicable railroad carrier shall update its program as needed and obtain the Secretary's approval prior to making any major changes to its program. ``(C) Annual reviews.--The Secretary shall conduct an annual review to ensure that each applicable railroad carrier is in compliance with its approved program. ``(c) In General.--Not later than 2 years after the date of the enactment of the Positive Train Control Safety Act, each applicable railroad carrier shall establish a confidential close call reporting system. ``(d) Program Elements.--Each applicable railroad carrier shall-- ``(1) provide a safe environment for its employees to report unsafe events and conditions; ``(2) for unsafe events and conditions reported within the scope of a confidential close call reporting system, ensure that its employees are protected from railroad carrier discipline; ``(3) use information collected through the confidential close call reporting system to develop and implement targeted corrective actions, as appropriate; and ``(4) use information collected by the system to supplement inspection data in identifying safety issues and emerging risks before they develop into accidents. ``(e) Consensus.-- ``(1) In general.--Each applicable railroad carrier shall consult with, employ good faith with, and use its best efforts to reach agreement with all of its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier, on the development and implementation of the proposed program. ``(2) Statements.--If an applicable railroad carrier and its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier, cannot reach consensus on the development and implementation of the proposed program, then directly affected employees and such organization may file a statement with the Secretary explaining their views on the proposed program on which consensus was not reached. The Secretary shall consider such views during review of the proposed program under subsection (b)(3)(A). ``(f) Voluntary Program Establishment.--Any railroad carrier that is not an applicable railroad carrier may voluntarily establish a program under this section. This section, and any regulations promulgated under this section, shall apply to a program that is voluntarily established. ``(g) Use of Data.--The Secretary may use the confidential close call reporting data when-- ``(1) implementing or updating the Federal Railroad Administration's National Inspection Plan; ``(2) performing focused inspections; or ``(3) developing agency rulemakings and guidance, as appropriate. ``(h) Defined Term.--In this section, the term `applicable railroad carrier' means a railroad carrier that-- ``(1) is a Class I railroad; ``(2) has inadequate safety performance, as determined by the Secretary; or ``(3) provides intercity rail passenger or commuter rail passenger transportation. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary-- ``(1) to implement this section; and ``(2) to support the nationwide implementation of confidential close call reporting system programs, as the Secretary determines appropriate.''. (b) Clerical Amendment.--The table of sections for chapter 201 of title 49, United States Code, as amended by section 7(b), is further amended by adding at the end the following: ``20169. Confidential close call reporting systems.''. SEC. 7. COMMUTER RAIL TRACK INSPECTIONS. (a) In General.--Subchapter II of chapter 201 of title 49, United States Code, as amended by sections 6 and 7, is further amended by adding at the end the following: ``Sec. 20170. Commuter rail track inspections ``(a) In General.--When performing a required inspection under subpart F of part 213 of title 49, Code of Federal Regulations, a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines (as described in section 213.233(b)(3) of title 49, Code of Federal Regulations) shall-- ``(1) at least once each 2 weeks-- ``(A) traverse each main line by vehicle; or ``(B) inspect each main line on foot; and ``(2) at least once each month, traverse and inspect each siding by vehicle or by foot. ``(b) Construction.--Nothing in this section may be construed to limit the authority of the Secretary to promulgate regulations or issue orders under any other law.''. (b) Clerical Amendment.--The table of sections for chapter 201 of title 49, United States Code, as amended by sections 6 and 7, is further amended by adding at the end the following: ``20170. Commuter rail track inspections.''. SEC. 8. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS EFFECTIVENESS STUDY. (a) In General.--The Secretary of Transportation, in consultation with the Administrator of the Federal Railroad Administration, shall conduct a study of the effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to conduct the study described in subsection (a). SEC. 9. REDUNDANT SIGNAL PROTECTION. Not later than 1 year after the date of the enactment of the Positive Train Control Safety Act, the Secretary of Transportation shall promulgate such regulations as the Secretary considers necessary to require that on-track safety programs, as described in subpart C of part 214 of title 49, Code of Federal Regulations, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection, such as shunting, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.", "summary": "Positive Train Control Safety Act This bill authorizes the Department of Transportation (DOT) to extend the deadline, in one-year increments, for implementation of positive train control systems if full implementation by the existing deadline will likely be infeasible due to circumstances beyond the control of the applicant, and other certain other criteria are met. Each Class I railroad carrier, and each entity providing regularly scheduled intercity or commuter rail passenger transportation, must submit annual progress reports to DOT on the status of fits implementation plan. Such plans shall now be required for any such carrier or entity governing operations on a main line over which 20 or more tank cars loaded with petroleum crude oil, ethanol, or other Class 3 material are transported. DOT shall assess electromagnetic spectrum needs and availability for implementing positive train control systems. Applicable railroad carriers shall establish a confidential close call reporting system program subject to DOT regulations. A railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines, when performing a required inspection, shall: at least once each two weeks traverse each line by vehicle or inspect each main line on foot, and at least once each month traverse and inspect each siding by vehicle or by foot. DOT shall: study the effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings; and promulgate regulations to require that on-track safety programs, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection, such as shunting, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rebuilding Equity Act of 2013''. SEC. 2. REBUILDING EQUITY PROGRAM. (a) Establishment of Voluntary Program.-- (1) Establishment.-- (A) Payment of closing costs.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation (in this Act referred to as the ``enterprises'') shall each establish a voluntary program for borrowers described in paragraph (2), under which the enterprises shall pay $1,000 toward the closing costs associated with applying for and receiving the refinancing when the borrower agrees to refinance into a fully amortizing loan with a term of not longer than 20 years. (B) First year of program.--During the 12-month period that begins on the date of enactment of this Act, the amount of the closing costs that each enterprise shall pay under the program shall not vary based on the term of the mortgage that the borrower agrees to refinance into. (C) Subsequent years.-- (i) Annual recalculation of closing costs payment.--Upon the expiration of the 12-month period set forth under subparagraph (B), and for each of the next two 12-month periods thereafter, the Director of the Federal Housing Finance Agency-- (I) shall adjust the amount of the portion of the closing costs that each enterprise will pay under the program-- (aa) by an amount that results in such program being revenue neutral for such 12- month period; and (bb) based on economic conditions generally affecting the mortgage and housing markets; and (II) may adjust the amount of the closing costs that each enterprise will pay under the program based on the term of the mortgage that the borrower agrees to refinance into. (ii) Report.--The Director of the Federal Housing Finance Agency shall report any adjustments made pursuant to the requirements of clause (i) to the Chair and Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Eligible borrowers.--The program required by paragraph (1) shall be for any borrower-- (A) who qualifies for the Home Affordable Refinance Program carried out by the enterprises; (B) whose subject property has a loan-to-value ratio of not less than 105 percent; and (C) who refinances from a loan with an original term of 30 years to a loan with a term of 20 years or less. (b) Sunset.--Each voluntary program under this section shall terminate on the date that is 3 years after the date of establishment of such program. (c) Definitions.--As used in this section, the following definitions shall apply: (1) Loan-to-value ratio.--The term ``loan-to-value ratio'' means the ratio of the amount of the primary mortgage on a property to the value of that property. (2) Closing costs.--The term ``closing costs''-- (A) means all reasonable and actual costs charged to the borrower by a third party to the refinancing transaction; (B) includes-- (i) appraisal and inspection fees; (ii) fees associated with obtaining a borrower's credit report; (iii) title insurance and title examination costs; (iv) attorneys' fees associated with closing the transaction, other than attorneys' fees associated with disputes arising out of the transaction or otherwise ancillary to closing the transaction; (v) document preparation costs, if completed by a third party not controlled by the lender; (vi) transfer stamps, recording fees, courier fees, wire transfer fees, and reconveyance fees; and (vii) test and certification fees; and (C) does not include any costs charged to the borrower by the lender, including-- (i) lender application fees; and (ii) lender origination fees.", "summary": "Rebuilding Equity Act of 2013 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs) to each establish a voluntary program for eligible borrowers under which the GSE shall pay $1,000 toward the closing costs associated with applying for and receiving the refinancing when the borrower agrees to refinance into a fully amoritizing loan with a term not longer than 20 years. Prohibits the amount of the closing costs that each GSE pays under the program during the 12 months following enactment of this Act from varying based on the term of the mortgage that the borrower agrees to refinance into. Requires the Director of the Federal Housing Finance Agency, for each of the next two 12-month periods, to: (1) adjust the amount of the portion of the closing costs that each GSE will pay in accordance with specified requirements. Makes eligible for the program borrowers: (1) who qualify for the Home Affordable Refinance Program carried out by the GSEs, (2) whose subject property has a loan-to-value ratio of at least 105%, and (3) who refinances from a loan with an original 30-year term to a loan with a term of 20 years or less."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Pregnant Women and Children From Perchlorate Act of 2011''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) perchlorate-- (A) is a chemical used as the primary ingredient of solid rocket propellant; and (B) is also used in fireworks, road flares, and other applications; (2) waste from the manufacture and improper disposal of chemicals containing perchlorate is increasingly being discovered in soil and water; (3) according to the Government Accountability Office, perchlorate contamination has been detected in water and soil at almost 400 sites in the United States, with concentration levels ranging from 4 parts per billion to millions of parts per billion; (4) the Government Accountability Office has determined that the Environmental Protection Agency does not centrally track or monitor perchlorate detections or the status of perchlorate cleanup, so a greater number of contaminated sites may already exist; (5) according to the Government Accountability Office, limited Environmental Protection Agency data show that perchlorate has been found in 35 States and the District of Columbia and is known to have contaminated 153 public water systems in 26 States; (6) those data are likely underestimates of total drinking water exposure, as illustrated by the finding of the California Department of Health Services that perchlorate contamination sites have affected approximately 273 drinking water sources and 86 drinking water systems in the State of California alone; (7) Food and Drug Administration scientists and other scientific researchers have detected perchlorate in the United States food supply, including in lettuce, milk, cucumbers, tomatoes, carrots, cantaloupe, wheat, and spinach, and in human breast milk; (8)(A) perchlorate can harm human health, especially in pregnant women and children, by interfering with uptake of iodide by the thyroid gland, which is necessary to produce important hormones that help control human health and development; (B) in adults, the thyroid helps to regulate metabolism; (C) in children, the thyroid helps to ensure proper mental and physical development; and (D) impairment of thyroid function in expectant mothers or infants may result in effects including delayed development and decreased learning capability; (9)(A) in October 2006, researchers from the Centers for Disease Control and Prevention published the largest, most comprehensive study to date on the effects of low levels of perchlorate exposure in women, finding that-- (i) significant changes existed in thyroid hormones in women with low iodine levels who were exposed to perchlorate; and (ii) even low-level perchlorate exposure may affect the production of hormones by the thyroid in iodine- deficient women; and (B) in the United States, about 36 percent of women have iodine levels equivalent to or below the levels of the women in the study described in subparagraph (A); and (10) the Environmental Protection Agency has not established a health advisory or national primary drinking water regulation for perchlorate, but instead established a ``Drinking Water Equivalent Level'' of 24.5 parts per billion for perchlorate, which-- (A) does not take into consideration all routes of exposure to perchlorate; (B) has been criticized by experts as failing to sufficiently consider the body weight, unique exposure, and vulnerabilities of certain pregnant women and fetuses, infants, and children; and (C) is based primarily on a small study and does not take into account new, larger studies of the Centers for Disease Control and Prevention or other data indicating potential effects at lower perchlorate levels than previously found. (b) Purposes.--The purposes of this Act are-- (1) to require the Administrator of the Environmental Protection Agency to establish, by not later than 90 days after the date of enactment of this Act, a health advisory for perchlorate in drinking water that-- (A) is fully protective of, and considers, the body weight and exposure patterns of pregnant women, infants, and children; (B) provides an adequate margin of safety; and (C) takes into account all routes of exposure to perchlorate; (2) to require the Administrator of the Environmental Protection Agency to establish not later than 1 year after the date of enactment of this Act a national primary drinking water regulation for perchlorate that fully protects pregnant women, infants, and children, taking into consideration body weight, exposure patterns, and all routes of exposure to perchlorate. SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER REGULATION FOR PERCHLORATE. Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g- 1(b)(12)) is amended by adding at the end the following: ``(C) Perchlorate.-- ``(i) Health advisory.--Notwithstanding any other provision of this section, not later than 90 days after the date of enactment of this subparagraph, the Administrator shall publish a health advisory for perchlorate that is fully protective, with an adequate margin of safety, of the health of vulnerable persons (including pregnant women, infants, and children), taking into consideration body weight, exposure patterns, and all routes of exposure. ``(ii) Proposed regulations.-- Notwithstanding any other provision of this section, the Administrator shall propose (not later than 180 days after the date of enactment of this subparagraph) and shall finalize (not later than 1 year after the date of enactment of this subparagraph) a national primary drinking water regulation for perchlorate-- ``(I) that based on the factors in clause (i) and other relevant data, is protective, with an adequate margin of safety, of vulnerable persons (including pregnant women, infants, and children); and ``(II) the maximum contaminant level of which is as close to the maximum contaminant level goal for perchlorate, and as protective of vulnerable persons, as is feasible.''.", "summary": "Protecting Pregnant Women and Children From Perchlorate Act of 2011 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) publish a health advisory for perchlorate that is fully protective of the health of vulnerable persons (including pregnant women, infants, and children), taking into consideration body weight, exposure patterns, and all routes of exposure; and (2) establish a national primary drinking water regulation for perchlorate that is protective of vulnerable persons and the maximum contaminant level of which is as close to the maximum contaminant level goal for perchlorate, and as protective of vulnerable persons, as is feasible."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Childhood Brain Tumor Prevention Network Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Tumors kill more children than any other disease and brain tumors are the second most common type of cancer in children. (2) Childhood brain tumors are the leading cause of death from solid tumors in children. (3) There are newly recognized types of brain tumors, as defined by the World Health Organization, and many of these newly recognized types occur in children. (4) The causes of the overwhelming majority of childhood brain tumors are unknown. (5) Brain tumors have substantial costs for affected children, the families of such children, and society. (6) Childhood brain tumors cause significant morbidity and the loss of many years of potential life. (7) The prognosis for most childhood brain tumors is dismal and survivors face lasting adverse health effects. (8) Because of the relatively low overall incidence of childhood brain tumors, such tumors frequently do not receive sufficient attention and research funding. (9) No single institution has a sufficient number of patients to independently conduct research that will adequately address the causes of childhood brain tumors. (10) There has been no comprehensive study analyzing all relevant clinical, biological, and epidemiological aspects of childhood brain tumors to identify potential risk factors and determine the cause of such tumors. (11) Existing national cooperative clinical oncology groups primarily investigate treatment options and prognosis and do not typically examine the origins of childhood brain tumors or the risk factors associated with such tumors. A significant majority of children with brain tumors are first treated by neurosurgeons and not by oncologists typically involved in such groups. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) there is a need to establish a multi-center research effort based on collaboration between regional consortia in order to comprehensively study the causes of childhood brain tumors and identify potential risk factors; (2) there is a need to encourage a collaborative effort among surgical and medical centers with epidemiological study groups to gather comprehensive and detailed information for each child enrolled in those groups, in order to investigate environmental, nutritional, genetic, and developmental factors with respect to, and the pathological and epidemiological characteristics of, childhood brain tumors; and (3) there is a need to authorize the Director of the National Institutes of Health to coordinate national research efforts of governmental and nongovernmental entities with respect to childhood brain tumors. SEC. 4. ESTABLISHMENT OF THE NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION NETWORK. (a) In General.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417F. NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION NETWORK. ``(a) Establishment of the National Childhood Brain Tumor Prevention Network.-- ``(1) In general.--Not later than one year after the date of the enactment of this section, the Director of NIH, acting through the Director of the National Cancer Institute, shall establish, administer, and coordinate a National Childhood Brain Tumor Prevention Network (hereinafter referred to in this section as the `Network') for the purposes described in paragraph (2). ``(2) Purposes.--The purposes of the Network shall be the following: ``(A) Providing grants of not fewer than five years duration to eligible consortia for the purpose of conducting research with respect to the causes of and risk factors associated with childhood brain tumors. ``(B) Assembling a panel of experts, including members of the Brain Tumor Epidemiology Consortium and survivors of brain tumors, to provide ongoing guidance and recommendations for, with respect to research funded by the Network, the development of the following: ``(i) A common study design. ``(ii) Standard protocols, methods, procedures, and assays for collecting from individuals enrolled as study participants, and the parents of such individuals, a minimum data set that includes the following: ``(I) Environmental exposure data. ``(II) Nutritional data. ``(III) Biospecimens, including genomic data. ``(IV) Histopathological and molecular pathological data and specimens. ``(V) Clinical and radiological data. ``(iii) Specific analytical methods for examining data. ``(iv) Provisions for consensus review of enrolled cases. ``(v) An integrated data collection network. ``(C) Designating a central laboratory to collect, analyze, and aggregate data with respect to research funded by the Network and to make such data and analysis available to researchers. ``(3) Eligible consortia.--To be eligible for a grant under this section, a consortium shall demonstrate the following: ``(A) The capability to annually enroll as research participants a minimum of 100 individuals with a newly diagnosed childhood brain tumor from the designated catchment area of such consortium. ``(B) The capability to form a control group by enrolling as research participants, for each enrolled individual with a childhood brain tumor, at least two individuals without a childhood brain tumor, who are matched demographically to such enrolled individual with a childhood brain tumor. ``(C) That the designated catchment area of such consortium does not overlap with the designated catchment area of a consortium already receiving a grant under this section. ``(4) Report.--Not later than one year after the date of the enactment of this section and annually thereafter, the Director of NIH shall submit to Congress a report with respect to the Network, to be made publicly available, including a summary of research funded by the Network and a list of consortia receiving grants under the Network. At the discretion of the Director of NIH, such report may be combined with other similar or existing reports. ``(5) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated $25,000,000 for each of fiscal years 2010 through 2014, to remain available until expended, to carry out this section. ``(B) Sense of congress.--It is the sense of Congress that funds appropriated to carry out this section should be in addition to the funds already appropriated to carry out the functions of the National Institutes of Health. ``(b) Definitions.--For purposes of this section, the following definitions apply: ``(1) Brain tumor epidemiology consortium.--The term `Brain Tumor Epidemiology Consortium' means the organization with such name formed in 2003 after an initial meeting sponsored by the National Cancer Institute's Division of Cancer Epidemiology and Genetics. ``(2) Catchment area.--The term `catchment area' means a defined area for which population data are available. ``(3) Childhood brain tumor.--The term `childhood brain tumor' means an intracranial or spinal cord tumor occurring in an individual under 20 years of age. ``(4) Consortium.--The term `consortium' means a partnership of two or more universities, health care organizations, or government agencies, or any combination of such entities, serving a designated catchment area.''. (b) Technical Correction.-- (1) In general.--Section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107- 172; 116 Stat. 541) is amended by striking ``419C'' and inserting ``417C''. (2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in the enactment of the Act referred to in such paragraph.", "summary": "National Childhood Brain Tumor Prevention Network Act of 2008 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the National Cancer Institute, to establish, administer, and coordinate a National Childhood Brain Tumor Prevention Network to: (1) provide grants for research on the causes of and risk factors associated with childhood brain tumors; (2) assemble a panel of experts to provide ongoing guidance and recommendations on research funded by the Network, including on a common study design and standard protocols; and (3) designate a central laboratory to collect, analyze, and aggregate data with respect to research funded by the Network and to make such data and analysis available to researchers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Access Enhancement Act''. SEC. 2. DEFINITION OF ELIGIBLE RURAL COMMUNITY. Section 601(b)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)(2)) is amended to read as follows: ``(2) Eligible rural community.--The term `eligible rural community' means any area of the United States-- ``(A) which is not included within the boundaries of any city, town, borough, or village, whether incorporated or unincorporated, with a population of more than 20,000 inhabitants; ``(B) which is not in the urbanized area contiguous and adjacent to such a city, town, borough, or village; and ``(C) the average median household income of which is not more than 80 percent of the national average median household income.''. SEC. 3. IMPROVEMENTS TO APPLICATION PROCESS. (a) Equity Requirements.--Section 601(c) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)) is amended by adding at the end the following: ``(3) Equity requirements.--The Secretary shall not approve an application submitted pursuant to this section to serve-- ``(A) an area in which at least 40 percent of the population does not have access to broadband service, unless the value of the assets of the applicant not pledged or hypothecated for any other purpose equals at least 10 percent of the principal amount of the loan which is the subject of the application; or ``(B) any other area, unless value of the assets referred to in subparagraph (A) equals at least 15 percent of the principal amount of the loan involved.''. (b) Reduction in Application Paperwork.--Section 601(c) of such Act (7 U.S.C. 950bb(c)), as amended by subsection (a) of this section, is amended by adding at the end the following: ``(4) Paperwork reduction.--The Secretary shall take such steps as are necessary to reduce the paperwork required of applicants under this section.''. (c) Outreach.--Section 601 of such Act (7 U.S.C. 950bb) is amended by redesignating subsections (i) through (k) as subsection (j) through (l), respectively, and inserting after subsection (h) the following: ``(i) Outreach.--The Secretary shall conduct outreach designed to inform the population of areas in which there is no or limited broadband service of the program carried out under this section.''. SEC. 4. BAN ON LOAN OR LOAN GUARANTEE FOR NEW BROADBAND SERVICE IN COMMUNITY WITH SEVERAL SERVICE PROVIDERS. Section 601(c) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)), as amended by section 3 of this Act, is amended by adding at the end the following: ``(5) Ban on loan or loan guarantee for new broadband service in community with 3 or more service providers.--The Secreary shall not approve an application for a loan or loan guarantee under this section for the provision of new broadband service to an eligible rural community in which the service is provided by 3 or more entities.''. SEC. 5. ELIMINATION OF LIMITATION ON ELIGIBILITY BASED ON NUMBER OF SUBSCRIBER LINES. (a) In General.--Section 601(d) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(d)) is amended by striking paragraph (3). (b) Limitations on Amounts Made Available for Entities With Various Shares of Installed Telephone Suscriber Lines.--Section 601(k) of such Act (7 U.S.C. 950bb(k)), as so redesignated by section 3(c) of this Act, is amended by adding at the end the following: ``(5) Limitations on amounts made available for entities with various shares of installed telephone suscriber lines.-- ``(A) Not more than 10 percent of the amounts made available for each fiscal year under this subsection may be used to provide loans or loan guarantees to entities with more than 10 percent of the telephone subscriber lines installed in the aggregate in the United States. ``(B) Not more than 40 percent of the amounts made available for each fiscal year under this subsection may be used to provide loans or loan guarantees to entities with not less than 2 percent and not more than 10 percent of the telephone subscriber lines installed in the aggregate in the United States.''. SEC. 6. LIMITATION ON TERM OF LOANS AND LOAN GUARANTEES. Section 601(g)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(g)(2)) is amended by striking ``the useful life of the assets constructed, improved, or acquired with the proceeds of the loan or extension of credit'' and inserting ``35 years''. SEC. 7. REPORTING REQUIREMENTS. Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb), as amended by section 3(c) of this Act, is amended by redesignating subsections (k) and (l) as subsection (l) and (m), respectively, and inserting after subsection (j) the following: ``(k) Annual Reports.--Not later than October 1 of each year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the status of the program under this section, which shall include, with respect to the period covered by the report-- ``(1) the number of applications submitted pursuant to this section; ``(2) the number of the applications that were approved; ``(3) the identity of the communities served by the applicants with approved applications; ``(4) the type of services offered by applicants for, and recipients of, loans or loan guarantees under this section; ``(5) the speed of the broadband service offered by the applicants and recipients; ``(6) how long it took to respond to the applicants; and ``(7) the outreach efforts conducted by the Secretary under subsection (i).''.", "summary": "Rural Broadband Access Enhancement Act - Amends the Rural Electrification Act of 1936 to redefine \"eligible rural community.\" Permits a loan or loan guarantee applicant in an area where 40% of the residents are without broadband access to qualify with a 10% loan equity position. Provides for: (1) paperwork reduction; and (2) program outreach to underserved areas. Prohibits loan or loan guarantees for new broadband service in communities with three or more service providers. Provides that for each fiscal year: (1) not more than 10% of program funds shall be available to providers with more than 10% of national subscriber lines; and (2) 40% of program funds shall be available to providers with between 2%-10% of national subscriber lines. Revises the amortization period from the life of the asset to 35 years. Requires an annual broadband program report to Congress."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Clearance Family Review Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Chapter 31 of title 5, United States Code, establishes anti-nepotism laws. (2) The specific purpose of the statute was to prevent nepotism and unfair conduct in Federal hiring practices. (3) The White House announced Jared Kushner's Federal employment appointment as senior White House adviser on January 9, 2017. (4) The White House announced Ivanka Trump's appointment as an official government employee as assistant to the President on March 29, 2017. (5) Under section 3110(a)(3) of title 5, United States Code, a daughter or son-in-law constitute a ``relative'' for purposes of a public official. (6) According to recent reporting by the New York Times, both Mr. Kushner and Ms. Trump retain substantial holdings, totaling as much as $740 million, that would be impacted based on a decision made by the Government. (7) Question 20A.1 on United States Government Standard Form 86 (SF 86), which all applicants seeking a security clearance must submit, asks: ``Have you, your spouse, or cohabitant ever had any foreign financial interests (such as stocks, property, financial investments, bank accounts, ownership of corporate entities, corporate interests, or businesses) in which you or they have direct control or direct ownership?''. (8) Question 20A.2 on such Form asks: ``Have you, your spouse, cohabitant, or dependent children ever had any foreign financial interests that someone controlled on your behalf?''. (9) Question 20A.3 on such Form asks: ``Have you, your spouse, cohabitant, or dependent children ever owned, or do you anticipate owning, or plan to purchase real estate in a foreign country?''. (10) Financial disclosures released on March 31, 2017, indicate that while both Mr. Kushner and Ms. Trump have divested from direct leadership roles in their previous businesses and real estate interests, their financial wealth remains tied to the success of those ventures by way of various trusts and company holdings. (11) President Trump has repeatedly declined to disclose personal or commercial tax returns or divesture agreements. (12) Given President Trump's refusal to disclose tax returns or divesture agreements, it is difficult to assess whether Mr. Trump's relatives sufficiently divested in holdings or are subject to foreign financial influence, including possible loans to the Trump Organization or to Mr. Kushner's businesses from state-owned foreign financial entities, including China's Anbang Insurance Group and Russia's VneshEconomBank. SEC. 3. LIMITATION ON PROVISION OF SECURITY CLEARANCES TO RELATIVES OF THE PRESIDENT. (a) Limitation on Security Clearances.--Section 3110(a)(1) of title 5, United States Code, is amended-- (1) in subparagraph (C) by striking ``and''; (2) in subparagraph (D) by striking the semicolon and inserting ``; and''; and (3) by adding at the end the following: ``(E) for purposes of subsection (f), an office, agency, or other establishment within the White House or the Executive Office of the President;''. (b) Prohibition on Security Clearances to Relatives of the President.--Section 3110 of title 5, United States Code, is amended by adding at the end the following: ``(f) Prohibition on Security Clearances to Relatives of the President.-- ``(1) In general.--Except as provided for under paragraph (2), an agency, including the Department of Defense, may not grant eligibility for access to classified information to a relative of the President for the purposes of Federal employment unless a favorable determination is submitted to the head of the agency pursuant to paragraph (2)(C). ``(2) Review process.-- ``(A) Request for determination.--If the President determines that a relative of the President requires access to classified information for Federal employment, the President shall submit a letter to the Director of the Office of Government Ethics requesting a determination regarding the relative's suitability for such access. ``(B) OGE review.--The Director shall conduct a review to determine whether the applicable relative has any ongoing and substantial commercial relationships with state-owned or privately owned foreign enterprises or financial institutions and, if so, whether the relative is ineligible for access to security clearance because of such relationships. ``(C) Submission.--Not later than 60 days after receipt of a letter under subparagraph (A), the Director shall submit the determination made under subparagraph (B) to-- ``(i) the President; ``(ii) the head of the employing agency of the relative; and ``(iii) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.''.", "summary": "Security Clearance Family Review Act This bill prohibits specified federal agencies, including the Department of Defense, from granting access to classified information to a relative of the President for purposes of federal employment unless the Office of Government Ethics makes a favorable determination during a review process regarding the relative's suitability for such access. In conducting a review, the Office of Government Ethics must determine whether the relative of the President has any ongoing and substantial commercial relationships with state-owned or privately owned foreign enterprises or financial institutions, and, if so, whether the relative is ineligible for access to classified information because of such relationships."}
{"article": "SECTION 1. FINDINGS. Congress finds that-- (1) the Cape Fox Corporation (referred to in this Act as ``Cape Fox'') is a Village Corporation for the Native Village of Saxman, Alaska, organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); (2) similar to other Village Corporations in southeast Alaska, under section 16 of that Act (43 U.S.C. 1615), Cape Fox could select only 23,040 acres from land withdrawn for the purpose of that selection; (3) under section 22(l) of that Act (43 U.S.C. 1621(l))-- (A) the Village Corporations in southeast Alaska, other than Cape Fox, were restricted with respect to the selection of land within 2 miles of a home rule city (as that term is used in that Act); and (B) to protect the watersheds in the vicinity, Cape Fox was restricted with respect to the selection of land within 6 miles of the boundary of the home rule city of Ketchikan, Alaska; (4) the 6-mile restriction described in paragraph (3)(B) precluded Cape Fox from selecting valuable timber land, industrial sites, and other commercial property located-- (A) within the townships in which the Native Village of Saxman is located, more particularly described as T.75 S., T.76 S., R.91 E., Copper River Meridian; and (B) on surrounding land that is far removed from Ketchikan, Alaska, and its watersheds; (5) as a result of that 6-mile restriction, only the remote, mountainous, northeast corner of the property described in paragraph (4)(A), which is nonproductive and has no known economic value, was available for selection by Cape Fox, as required under section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)); (6) land selections by Cape Fox under that Act were further limited by the fact that-- (A) the Annette Island Indian Reservation is located within the applicable selection area; and (B) land of that reservation is unavailable for selection by Cape Fox; (7) Cape Fox is the only Village Corporation affected by the restrictions described in paragraphs (3)(B) and (6); (8) the Secretary of the Interior (referred to in this Act as the ``Secretary'') has advised Congress that the predicament of Cape Fox is sufficiently unique to warrant the legislative remedy provided by this Act; and (9) the adjustment of the selections available and conveyances of land to Cape Fox under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and the related adjustment of selections available and conveyances of land to the Regional Corporation for Sealaska established pursuant to that Act, are in accordance with-- (A) the purposes of that Act; and (B) the public interest. SEC. 2. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND. Notwithstanding section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)), Cape Fox shall not be required to select or receive conveyance of the approximately 160 acres of unconveyed Federal land located within sec. 1, T.75 S., R.91 E., Copper River Meridian. SEC. 3. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY. (a) Selection and Conveyance of Surface Estate.--Not later than 90 days after the date of enactment of this Act, in addition to land made available for selection under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), Cape Fox may select, and, on receiving written notice of the selection, the Secretary shall convey, the approximately 99 acres of the surface estate of Tongass National Forest land located outside the exterior selection boundary of Cape Fox (as in existence on the day before the date of enactment of this Act) and more particularly described as follows: (1) T.73 S., R.90 E., Copper River Meridian. (2) Of land located in sec. 33-- (A) the 38 acres located within the SW\\1/4\\SE\\1/4\\; (B) the 13 acres located within the NW\\1/4\\SE\\1/4\\; (C) the 40 acres located within the SE\\1/4\\SE\\1/4\\; and (D) the 8 acres located within the SE\\1/4\\SW\\1/4\\. (b) Conveyance of Subsurface Estate.--On conveyance to Cape Fox of the surface estate to the land identified in subsection (a), the Secretary shall convey to Sealaska Corporation the subsurface estate to the land. (c) Timing.--The Secretary shall complete the conveyances to Cape Fox and Sealaska Corporation under this section as soon as practicable after the date on which the Secretary receives a notice of the selection of Cape Fox under subsection (a). (d) Entitlement Fulfilled.-- (1) Definition of approved conveyance.--The term ``approved conveyance'' means the conveyance of the 40 acres described as the SW\\1/4\\NE\\1/4\\ of sec. 10, T.74 S., R.90 E., Copper River Meridian, selected and approved for conveyance by the decision of the Bureau of Land Management dated May 3, 2000. (2) Treatment as full entitlement.--The conveyance of land to Cape Fox and Sealaska Corporation pursuant to subsection (a) and the approved conveyance shall be considered to fulfill the entitlement of-- (A) Cape Fox under section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615); and (B) Sealaska Corporation to any subsurface interest in the land under section 14(f) of that Act (43 U.S.C. 1613(f)).", "summary": "Declares that the Cape Fox Corporation (Cape Fox) of Saxman, Alaska, shall not be required to select or receive conveyance of specified unconveyed federal land. Allows Cape Fox to select, and requires the Secretary of the Interior to convey, on receiving written notice of the selection, the approximately 99 acres of the surface estate of Tongass National Forest land located outside the exterior selection boundary of Cape Fox. Requires the Secretary, on conveyance to Cape Fox of the surface estate to such land, to convey its subsurface estate to Sealaska Corporation."}
{"article": "SECTION 1. FINDINGS. Congress finds the following: (1) The Jefferson National Expansion Memorial was conceived in the 1930s to preserve St. Louis's role as the ``Gateway to the West''. Land was acquired, competitions were held, the renowned Arch was completed on October 28, 1965, and the Arch itself was designated a National Historic Landmark on May 28, 1987. (2) The original purpose of the Memorial, as described in President Roosevelt's 1935 Executive Order and later in the Jefferson National Expansion Memorial Act of 1954, was to commemorate the past, and especially, to keep alive the daring and spirit that moved pioneers to press westward before and after the consummation of the Louisiana Purchase and the historic role of the rivers and St. Louis in westward expansion. (3) To fully realize the true promise and significance of the Memorial and its Landmark, the Arch, the Memorial should connect with and be more accessible to the urban population and the river and commemorate the pioneering spirit of migration throughout the Nation by providing a visitor experience that includes educational, instructional, and research programs, facilities, and technology demonstrating-- (A) the broad diversity of migrants; (B) the policies and conditions that produced migration; (C) the impact of migration on the political, economic, social, and architectural development of the Nation; and (D) a focus on African-American migration patterns from slavery to the underground railroad, and especially the migration of African-Americans from the south to northern industrial cities. (4) The project described in paragraph (3) should be completed by October 28, 2015, the 50th anniversary of the completion of the Arch, so that the area will be available to better engage the American public when the Centennial of the National Park Service is celebrated in 2016. (5) The Jefferson National Expansion Memorial Act of 1954, which authorized the construction of the Jefferson National Expansion Memorial and directed the Secretary to construct the Memorial in accordance with the Eero Saarinen's winning design for the development and construction of the Memorial, recognized the importance of highly visible cultural facilities and other attractions on the grounds of the Memorial to its central purpose of promoting the connection and significance of the historic St. Louis riverfront to the rest of the region, and in turn, the region to the Nation. (6) The Museum of Westward Expansion should be significantly improved before the Centennial of the National Park Service is celebrated in 2016. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) Memorial.--The term ``Memorial'' means the Jefferson National Expansion Memorial. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Trust.--The term ``Trust'' means the Jefferson National Expansion Memorial Trust SEC. 3. NATIONAL HISTORIC LANDMARK STATUS OF THE GATEWAY ARCH. To ensure the protections of the National Historic Preservation Act-- (1) the structure of the Gateway Arch and the Old St. Louis Courthouse are hereby designated by Congress as National Historic Landmarks; and (2) the grounds of the Memorial surrounding the Arch are hereby designated by Congress for inclusion on the National Register of Historic Places. SEC. 4. AUTHORITY OF THE SECRETARY. The Secretary may take the following actions: (1) Enter into agreements with the Trust to plan and develop the St. Louis riverfront between Eads and Poplar Street bridges, the Memorial grounds including the interstate highway and roadways now traversing them, Luther Ely Smith Square, and the Old Courthouse as a single project area. The master plan for the project area and the design of its highly visible elements shall be created pursuant to international design competitions to be conducted by the Trust as extensive as the 1947 competition which resulted in the selection of Eero Saarinen's Arch design. (2) Enter into an agreement with the Trust to facilitate the planning, construction, and operation of a cultural facility on Federal land within the boundary of the Jefferson National Expansion Memorial to enhance the visitor experience of the Memorial and for exhibitions, learning and interpretation associated with American migration, and other terms and conditions the Secretary determines to be necessary. An agreement authorizing the Trust to occupy or operate the cultural facility shall also provide for conveyance by the Trust to the United States of all right, title, and interest in such cultural facility. (3) Transfer one or more portions of the Memorial grounds to the administrative jurisdiction of the Trust and enter into agreements with the Trust for the Trust to assist in the implementation of the Final General Management Plan and Record of Decision. (4) Enter into agreements with the Trust for such other facilities and services provided in the design competitions in furtherance of the purposes of this Act, including completing the project described in paragraph (3) of section 1 not later than October 28, 2015.", "summary": "Designates the structure of the Gateway Arch and Old St. Louis Courthouse as National Historic Landmarks. Designates the grounds of the Jefferson National Expansion Memorial surrounding the Arch for inclusion on the National Register of Historic Places."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Office of the Victim Advocate Act of 2004''. SEC. 2. ESTABLISHMENT OF OFFICE OF THE VICTIM ADVOCATE IN DEPARTMENT OF DEFENSE. (a) Establishment.--Part II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 90--OFFICE OF THE VICTIM ADVOCATE ``Sec. ``1811. Office of the Victim Advocate: establishment; Director. ``1812. Office of the Victim Advocate: functions. ``1813. Annual report. ``Sec. 1811. Office of the Victim Advocate: establishment; Director ``(a) Establishment.--There is in the Office of the Secretary of Defense an Office of the Victim Advocate. The office shall have responsibility for coordination of programs and activities of the military departments to the extent that they relate to victims of interpersonal violence among members of the armed forces or between members of the armed forces and family members and partners (including former spouses, children, significant others, children-in-common, girl friends, and boy friends). ``(b) Director.--The head of the Office is a Director. ``(c) Victim Defined.--In this chapter, the term `victim' means a person who is the victim of sexual misconduct or interpersonal violence which-- ``(1) in the case of a person who is a member of the armed forces, is carried out by another member of the armed forces or a family member or intimate partner; and ``(2) in the case of a person who is not member of the armed forces, is carried out by a member of the armed forces who is a family member or intimate partner of that person. ``Sec. 1812. Office of the Victim Advocate: functions ``(a) Coordination Functions.--The Director of the Office of the Victim Advocate shall carry out the following coordination functions: ``(1) Coordinate programs and activities of the military departments relative to care, services, and treatment for victims. ``(2) Serve as headquarters program manager for the victim advocates and the victim service specialists in the Department of Defense authorized by law. ``(3) Coordinate services for victims among military and civilian communities and provide guidance to victims in obtaining those services. ``(b) Evaluation and Review Functions.--The Director of the Office of the Victim Advocate shall carry out the following evaluation and review functions: ``(1) Evaluate the prevalence of interpersonal violence associated with members of the armed forces. ``(2) Evaluate the programs established by the military departments providing services to victims of interpersonal violence. ``(3) Evaluate the delivery of services by the military departments to victims of interpersonal violence. ``(4) Review the facilities of the military departments providing services to victims of interpersonal violence. ``(5) Review the hotline programs for victims of violence, including command and installation hotlines, the National Domestic Violence Hotline, and the National Sexual Assault Hotline. ``(6) Review disciplinary actions taken against members of the armed forces who commit acts of interpersonal violence. ``(c) Policy Functions.--The Director of the Office of the Victim Advocate shall carry out the following policy functions: ``(1) Recommend to the Secretaries of the military departments policies, protocols, and programs to enhance services to victims. ``(2) Recommend changes to policies and procedures to address sexual misconduct and intimate partner violence. ``(3) Establish system accountability standards. ``(4) Develop protocols for accountability of commanders in response to incidents of violence. ``(5) Serve, or designate a person to serve, on any fatality review panel established by the Secretary of a military department under section 4061, 6036, or 9061 of this title. ``(d) Education and Training Functions.--The Director of the Office of the Victim Advocate shall carry out the following education and training functions: ``(1) Conduct education and training within the armed forces. ``(2) Conduct training and technical assistance (including programs referred to as Life Skills program) for commands, Family Advocacy Programs, victim witness assistance liaisons, commissions, medical personnel, and law enforcement, security forces, and the Judge Advocate General Corps. ``(3) Conduct programs of public education. ``Sec. 1813. Annual report ``(a) Report to the Secretary of Defense.--The Director of the Office of the Victim Advocate shall submit to the Secretary of Defense an annual report containing an assessment of the current state of affairs within the military departments relative to interpersonal violence and sexual misconduct. The report shall include proposed initiatives to enhance the response of the military departments to interpersonal violence and sexual misconduct. ``(b) Report to Congress.--The Secretary of Defense shall transmit to Congress each report received from the Director under subsection (a), together with the Secretary's comments thereon.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for fiscal year 2005 for Operation and Maintenance, Defense-Wide, the amount of $10,000,000 to carry out the functions of the Office of the Victim Advocate in the Department of Defense.", "summary": "Department of Defense Office of the Victim Advocate Act of 2004 - Establishes an Office of the Victim Advocate within the Office of the Secretary of Defense to assist victims of sexual misconduct and interpersonal violence occurring among members of the Armed Forces or between members of the Armed Forces and family members and partners. Requires the Director of the Office to carry out specified coordination, evaluation and review, policy, and education and training functions, and to submit to the Secretary an annual report assessing the current state of affairs within military departments relative to interpersonal violence and sexual misconduct. Requires the Secretary to transmit the Director's report to Congress with additional comments."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``San Juan County Settlement Implementation Act of 2016''. SEC. 2. EXCHANGE OF COAL PREFERENCE RIGHT LEASE APPLICATIONS. (a) Definitions.--In this section: (1) Bidding right.--The term ``bidding right'' means an appropriate legal instrument or other written documentation, including an entry in an account managed by the Secretary, issued or created under subpart 3435 of title 43, Code of Federal Regulations, that may be used-- (A) in lieu of a monetary payment for a bonus bid for a coal lease sale under the Mineral Leasing Act (30 U.S.C. 181 et seq.); or (B) as a monetary credit against any rental or royalty payments due under any Federal coal lease. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Authorization.--The Secretary may retire any coal preference right lease application for which the Secretary has made an affirmative commercial quantities determination-- (1) by issuing bidding rights in exchange for relinquishment of the coal preference right lease application; and (2) notwithstanding any other provision of law, by making a payment to the relevant State in an amount equal to 50 percent of the dollar amount of any bidding right subsequently used in lieu of any monetary payment of a bonus in a coal lease sale or of rental or royalty under a Federal coal lease. (c) Source of Payments.--The Secretary shall make payments under subsection (b) from amounts that would otherwise be deposited in the Treasury as miscellaneous receipts under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)). (d) Treatment of Payments.--A payment to a State under this section shall be treated as a payment under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)). (e) Transferability; Limitation.-- (1) Transferability.--A bidding right issued under this section shall be fully transferable to any other person. (2) Notification of secretary.--A person who transfers a bidding right shall notify the Secretary of the transfer by any method determined to be appropriate by the Secretary. (3) Effective period.-- (A) In general.--A bidding right issued under this section shall terminate on the expiration of the 5-year period beginning on the date the bidding right is issued. (B) Tolling of period.--The 5-year period described in subparagraph (A) shall be tolled during any period in which exercise of the bidding right is precluded by temporary injunctive relief granted under, or administrative, legislative, or judicial suspension of, the Federal coal leasing program. SEC. 3. CERTAIN LAND SELECTIONS OF THE NAVAJO NATION. (a) Cancellation of Certain Selections.--The land selections made by the Navajo Nation pursuant to Public Law 93-531 (commonly known as the ``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d et seq.) that are depicted on the map entitled ``Navajo-Hopi Land Settlement Act Selected Lands'' and dated April 2, 2015, are canceled. (b) Authorization for New Selection.-- (1) In general.--Subject to paragraphs (2) and (3), the Navajo Nation may make new land selections in accordance with the Act referred to in subsection (a) to replace the land selections canceled under that subsection. (2) Exclusions.--The following land shall not be eligible for selection under paragraph (1): (A) Land within a unit of the National Landscape Conservation System. (B) Land within-- (i) the Glade Run Recreation Area; (ii) the Fossil Forest Research Natural Area; (iii) the North Road Area of Critical Environmental Concern; (iv) the Pierre's Site Area of Critical Environmental Concern; or (v) the Ah-shi-sle-pah Road Area of Critical Environmental Concern. (C) Any land subject to a lease or contract under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Act of July 31, 1947 (commonly known as the ``Materials Act of 1947'') (30 U.S.C. 601 et seq.), as of the date of the selection. (3) Equal value.-- (A) In general.--Notwithstanding the acreage limitation in the second proviso of section 11(c) of Public Law 93-531 (commonly known as the ``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d-10(c)), the value of the land selected under paragraph (1) and the land subject to selections cancellation under subsection (a) shall be equal, based on appraisals conducted under subparagraph (B). (B) Appraisal.--The value of the land selected under paragraph (1) and the land subject to selections canceled under subsection (a) shall be determined by an appraisal conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (4) Withdrawal.--Any land selected by the Navajo Nation under paragraph (1) shall be withdrawn from disposal, leasing, and development until the date on which the selected land is placed into trust for the Navajo Nation. (c) Boundary.--For purposes of this section and the Act referred to in subsection (a), the present boundary of the Navajo Reservation is depicted on the map entitled ``Navajo Nation Boundary'' and dated November 16, 2015. SEC. 4. DESIGNATION OF AH-SHI-SLE-PAH WILDERNESS. (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 7,242 acres of land as generally depicted on the map entitled ``San Juan County Wilderness Designations'' and dated April 2, 2015, is designated as wilderness and as a component of the National Wilderness Preservation System, which shall be known as the ``Ah-shi-sle-pah Wilderness'' (referred to in this section as the ``Wilderness''). (b) Management.-- (1) In general.--Subject to valid existing rights, the Wilderness shall be administered by the Director of the Bureau of Land Management in accordance with this section and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (2) Adjacent management.-- (A) In general.--Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (B) Nonwilderness activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. (3) Incorporation of acquired land and interests in land.-- Any land or interest in land that is within the boundary of the Wilderness that is acquired by the United States shall-- (A) become part of the Wilderness; and (B) be managed in accordance with-- (i) the Wilderness Act (16 U.S.C. 1131 et seq.); (ii) this section; and (iii) any other applicable laws. (4) Grazing.--Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with-- (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (B) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (c) Release of Wilderness Study Areas.--Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Ah-shi- sle-pah Wilderness Study Area not designated as wilderness by this section has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). SEC. 5. EXPANSION OF BISTI/DE-NA-ZIN WILDERNESS. (a) In General.--There is designated as wilderness and as a component of the National Wilderness Preservation System certain Federal land comprising approximately 2,250 acres, as generally depicted on the map entitled ``San Juan County Wilderness Designations'' and dated April 2, 2015, which is incorporated in and shall be considered to be a part of the Bisti/De-Na-Zin Wilderness. (b) Administration.--Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Director of the Bureau of Land Management (referred to in this section as the ``Director''), in accordance with-- (1) the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) the San Juan Basin Wilderness Protection Act of 1984 (Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211). (c) Adjacent Management.-- (1) In general.--Congress does not intend for the designation of the land as wilderness by subsection (a) to create a protective perimeter or buffer zone around that land. (2) Nonwilderness activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within the land designated as wilderness by subsection (a) shall not preclude the conduct of the activities or uses outside the boundary of that land. (d) Incorporation of Acquired Land and Interests in Land.--Any land or interest in land that is within the boundary of the land designated as wilderness by subsection (a) that is acquired by the United States shall-- (1) become part of the Bisti/De-Na-Zin Wilderness; and (2) be managed in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); (B) the San Juan Basin Wilderness Protection Act of 1984 (Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211); (C) this section; and (D) any other applicable laws. (e) Grazing.--Grazing of livestock in the land designated as wilderness by subsection (a), where established before the date of enactment of this Act, shall be allowed to continue in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).", "summary": "San Juan County Settlement Implementation Act of 2016 This bill authorizes the Department of the Interior to retire any coal preference right lease application for which it has made an affirmative commercial quantities determination by: issuing bidding rights in exchange for relinquishment of the application, and making a payment to the relevant state of 50% of the dollar amount of any bidding right subsequently used in lieu of any monetary bonus in a coal lease sale or of rental or royalty under a federal coal lease. Interior shall make such payments from amounts that would otherwise be deposited in the Treasury as miscellaneous receipts under the Mineral Leasing Act. The bill declares such bidding rights fully transferable to any other person. The bill cancels specified land selections made by the Navajo Nation pursuant to the Navajo-Hopi Land Settlement Act of 1974. Subject to specified exclusions, the Navajo Nation may make new land selections to replace those canceled. The bill designates approximately 7,242 acres of land as the Ah-shi-sle-pah Wilderness and incorporates approximately 2,250 acres of specified federal land into the Bisti/De-Na-Zin Wilderness."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Threat and Security Act''. SEC. 2. IMPROVED REPORTING ON FOREIGN-FLAG VESSELS ENTERING UNITED STATES PORTS. Within 6 months after the date of enactment of this Act and every year thereafter, the Secretary of Transportation, in consultation with the Secretary of State, shall provide a report to the Committees on Commerce, Science, and Transportation and Foreign Relations of the Senate, and the Committees on Transportation and Infrastructure and International Relations of the House of Representatives that lists the following information: (1) A list of all nations whose flag vessels have entered United States ports in the previous year. (2) Of the nations on that list, a separate list of those nations-- (A) whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix maintained by the Coast Guard; (B) that have presented, or whose flag vessels have presented, false, intentionally incomplete, or fraudulent information to the United States concerning passenger or cargo manifests, crew identity or qualifications, or registration or classification of their flag vessels; (C) whose vessel registration or classification procedures have been found by the Secretary to be insufficient or do not exercise adequate control over safety and security concerns; or (D) whose laws or regulations are not sufficient to allow tracking of ownership and registration histories of registered flag vessels. (3) Actions taken by the United States, whether through domestic action or international negotiation, including agreements at the International Maritime Organization under section 902 of the International Maritime and Port Security Act (46 U.S.C. App. 1801), to improve transparency and security of vessel registration procedures in nations on the list under paragraph (2). (4) Recommendations for legislative or other actions needed to improve security of United States ports against potential threats posed by flag vessels of nations named in paragraph (2). SEC. 3. SEA MARSHAL PROGRAM. (a) Establishment.--Within 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish a program to place sea marshals on vessels entering United States Ports identified in subsection (c). (b) Consultation.--In establishing this program, the Secretary shall consult with representatives from the port security task force and local port security committees. (c) Sea Marshal Ports.--The Secretary shall identify United States ports for inclusion in the sea marshal program based on criteria that include the following: (1) The presence of port facilities that handle materials that are hazardous or flammable in quantities that make them potential targets of attack. (2) The proximity of these facilities to residential or other densely populated areas. (3) The proximity of sea lanes or navigational channels to hazardous areas that would pose a danger to citizens in the event of a loss of navigational control by the ship's master. (4) Any other criterion deemed necessary by the Secretary. (d) Sea Marshal Qualifications.--The Secretary shall establish appropriate qualifications or standards for sea marshals. The Secretary may use, or require use of, Federal, State, or local personnel as sea marshals. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out the requirements of this section for each of the fiscal years 2002 through 2006. (f) Report.--Within 3 years after the date of enactment of this Act, the Secretary shall report to the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Transportation and Infrastructure of the House of Representatives on the success of the program in protecting the ports listed under (c), and submit any recommendations. SEC. 4. SEA PILOT COMMUNICATION AND WARNING SYSTEM. Within 6 months after the date of enactment of this Act, the Secretary of Transportation shall provide a secure report to the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Transportation and Infrastructure of the House of Representatives on the potential for increasing the capabilities of sea pilots to provide information on maritime domain awareness. The report should specifically address necessary improvements to both reporting procedures and equipment that could allow pilots to be integrated more effectively in an maritime domain awareness program. SEC. 5. SECURITY STANDARDS AT FOREIGN SEAPORTS. (a) Assessment.-- (1) In general.--The Secretary shall assess the effectiveness of the security measures maintained at-- (A) each foreign seaport-- (i) served by United States vessels; (ii) from which foreign vessels serve the United States; or (iii) that poses a high risk of introducing danger to international sea travel; and (B) other foreign seaports the Secretary considers appropriate. (2) International cooperation and standards.--The Secretary of Transportation shall conduct an assessment under paragraph (1) of this subsection-- (A) in consultation with appropriate port authorities of the government of a foreign country concerned and United States vessel operators serving the foreign seaport for which the Secretary is conducting the assessment; (B) to establish the extent to which a foreign seaport effectively maintains and carries out security measures; and (C) by using a standard that will result in an analysis of the security measures at the seaport based at least on the standards and recommended practices of the International Maritime Organization in effect on the date of the assessment. (3) Report.--Each report to Congress required under section 2 shall contain a summary of the assessments conducted under this subsection. (b) Interval.--The Secretary of Transportation shall conduct assessments under subsection (a) of this section of at least 25 foreign seaports annually until all seaports identified in subsection (a)(1) are completed. The first 25 of these assessments shall be conducted within 18 months after the date of enactment of this Act. (c) Consultation.--In carrying out subsection (a) of this section, the Secretary of Transportation shall consult with the Secretary of State-- (1) on the terrorist threat that exists in each country; and (2) to establish which foreign seaports are not under the de facto control of the government of the foreign country in which they are located and pose a high risk of introducing danger to international sea travel. (d) Qualified Assessment Entities.--In carrying out subsection (a) of this section, the Secretary of Transportation may utilize entities determined by the Secretary of Transportation and the Secretary of State to be qualified to conduct such assessments. (e) Notifying Foreign Authorities.--If the Secretary of Transportation, after conducting an assessment under subsection (a) of this section, determines that a seaport does not maintain and carry out effective security measures, the Secretary, after advising the Secretary of State, shall notify the appropriate authorities of the government of the foreign country of the decision and recommend the steps necessary to bring the security measures in use at the seaport up to the standard used by the Secretary in making the assessment. (f) Actions When Seaports Not Maintaining and Carrying Out Effective Security Measures.-- (1) In general.--If the Secretary of Transportation makes a determination under subsection (e) that a seaport does not maintain and carry out effective security measures, the Secretary-- (A) shall publish the identity of the seaport in the Federal Register; (B) shall require the identity of the seaport to be posted and displayed prominently at all United States seaports at which scheduled passenger carriage is provided regularly; (C) shall notify the news media of the identity of the seaport; (D) shall require each United States and foreign vessel providing transportation between the United States and the seaport to provide written notice of the decision, on or with the ticket, to each passenger buying a ticket for transportation between the United States and the seaport; and (E) may, after consulting with the appropriate port authorities of the foreign country concerned and United States and foreign vessel operators serving the seaport and with the approval of the Secretary of State, withhold, revoke, or prescribe conditions on the operating authority of a United States or foreign vessel that uses that seaport to provide foreign sea transportation. (2) Presidential action.--If the Secretary makes such a determination under subsection (e) about a seaport, the President may prohibit a United States or foreign vessel from providing transportation between the United States and any other foreign seaport that is served by vessels navigating to or from the seaport with respect to which a decision is made under this section. (3) When action to be taken.-- (A) In general.--The provisions of paragraphs (1) and (2) shall apply with respect to a foreign seaport-- (i) 90 days after the government of a foreign country is notified of the Secretary's determination under subsection (e) of this section unless the Secretary of Transportation finds that the government has brought the security measures at the seaport up to the standard the Secretary used in making an assessment under subsection (a) of this section before the end of that 90-day period; or (ii) on the date on which the Secretary makes that determination if the Secretary of Transportation determines, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from the seaport. (B) Travel advisory notification.--The Secretary of Transportation immediately shall notify the Secretary of State of a determination under subparagraph (A)(ii) of this paragraph so that the Secretary of State may issue a travel advisory required under section 908 of the International Maritime and Port Security Act (46 U.S.C. App. 1804). (4) Congressional notification.--The Secretary of Transportation promptly shall submit to Congress a report (and classified annex if necessary) on action taken under paragraph (1) or (2) of this subsection, including information on attempts made to obtain the cooperation of the government of a foreign country in meeting the standard the Secretary used in assessing the seaport under subsection (a) of this section. (5) Cancellation of publication requirements.--If the Secretary of Transportation, in consultation with the Secretary of State, determines that effective security measures are maintained and carried out at the seaport against which the Secretary took action under paragraph (1), then the Secretary shall-- (A) terminate action under paragraph (1) against that seaport; and (B) notify the Congress of the Secretary's determination. (g) Suspensions.--The Secretary of Transportation, with the approval of the Secretary of State and without notice or a hearing, shall suspend the right of any United States vessel to provide foreign sea transportation, and the right of a person to operate vessels in foreign sea commerce, to or from a foreign seaport if the Secretary of Transportation determines that-- (1) a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from that seaport; and (2) the public interest requires an immediate suspension of transportation between the United States and that seaport. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation $2,000,000 for fiscal year 2002 and each fiscal year thereafter to carry out this section. SEC. 6. FOREIGN PORT ASSESSMENT FEES. (a) In General.--The Secretary of Transportation shall collect a user fee from cruise vessel lines upon the arrival of a cruise vessel at a United States port from a foreign port. Amounts collected under this section shall be treated as offsetting collections to offset annual appropriations for the costs of providing foreign port vulnerability assessments under section 5. (b) Amount of Fee.--Cruise vessel lines shall remit $0.50 for each passenger embarkment on a cruise that includes at least one United States port and one foreign port. (c) Use of Fees.--A fee collected under this section shall be used solely for the costs associated with providing foreign port vulnerability assessments and may be used only to the extent provided in advance in an appropriation law. (d) Effective Date.--The requirements of this section apply with respect to travel beginning more than 179 days after the date of enactment of this Act.", "summary": "Port Threat and Security Act - Directs the Secretary of Transportation to report to specified congressional committees: (1) a list of all nations whose flag vessels have entered U.S. ports in the previous year, and of those nations, a separate list of nations whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix, that have presented certain false vessel-related information to the United States, or whose laws or regulations are not sufficient to allow tracking of ownership and registration histories of registered flag vessels; (2) on actions taken by the United States to improve transparency and security of vessel registration procedures in nations that have been listed; and (3) on recommendations for legislative or other actions needed to improve security of U.S. ports against potential threats posed by flag vessels of such nations.Establishes a program to place sea marshals on vessels entering U.S. ports that have been identified as posing a potential target of attack or because of their location may pose a risk to residential or other densely populated areas.Directs the Secretary to assess the effectiveness of security measures maintained at foreign seaports that serve U.S. vessels, from which foreign vessels serve the United States, or that pose a high risk of introducing danger to international sea travel. Sets forth certain actions the Secretary must take against seaports that do not maintain effective security measures.Imposes a user fee on cruise vessels that arrive at a U.S. port from a foreign port."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Striped Bass Conservation, Atlantic Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 2000''. TITLE I--ATLANTIC COASTAL FISHERIES Subtitle A--Atlantic Striped Bass Conservation SEC. 101. REAUTHORIZATION OF ATLANTIC STRIPED BASS CONSERVATION ACT. Section 7(a) of the Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is amended to read as follows: ``(a) Authorization.--For each of fiscal years 2001, 2002, and 2003, there are authorized to be appropriated to carry out this Act-- ``(1) $1,000,000 to the Secretary of Commerce; and ``(2) $250,000 to the Secretary of the Interior.''. SEC. 102. POPULATION STUDY OF STRIPED BASS. (a) Study.--The Secretaries (as that term is defined in the Atlantic Striped Bass Conservation Act), in consultation with the Atlantic States Marine Fisheries Commission, shall conduct a study to determine if the distribution of year classes in the Atlantic striped bass population is appropriate for maintaining adequate recruitment and sustainable fishing opportunities. In conducting the study, the Secretaries shall consider-- (1) long-term stock assessment data and other fishery-dependent and independent data for Atlantic striped bass; and (2) the results of peer-reviewed research funded under the Atlantic Striped Bass Conservation Act. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretaries, in consultation with the Atlantic States Marine Fisheries Commission, shall submit to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the results of the study and a long-term plan to ensure a balanced and healthy population structure of Atlantic striped bass, including older fish. The report shall include information regarding-- (1) the structure of the Atlantic striped bass population required to maintain adequate recruitment and sustainable fishing opportunities; and (2) recommendations for measures necessary to achieve and maintain the population structure described in paragraph (1). (c) Authorization.--There are authorized to be appropriated to the Secretary of Commerce $250,000 to carry out this section. Subtitle B--Atlantic Coastal Fisheries Cooperative Management SEC. 121. SHORT TITLE. This subtitle may be cited as the ``Atlantic Coastal Fisheries Act of 2000''. SEC. 122. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT ACT. (a) Authorization of Appropriations.--Section 811 of the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5108) is amended to read as follows: ``SEC. 811. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--To carry out this title, there are authorized to be appropriated $10,000,000 for each of fiscal years 2001 through 2005. ``(b) Cooperative Statistics Program.--Amounts authorized under subsection (a) may be used by the Secretary to support the Commission's cooperative statistics program.''. (b) Technical Corrections.-- (1) In general.--Such Act is amended-- (A) in section 802(3) (16 U.S.C. 5101(3)) by striking ``such resources in'' and inserting ``such resources is''; and (B) by striking section 812 and the second section 811. (2) Amendments to repeal not affected.--The amendments made by paragraph (1)(B) shall not affect any amendment or repeal made by the sections struck by that paragraph. (3) Short title references.--Such Act is further amended by striking ``Magnuson Fishery'' each place it appears and inserting ``Magnuson-Stevens Fishery''. (c) Reports.-- (1) Annual report to the secretary.--The Secretary shall require, as a condition of providing financial assistance under this subtitle, that the Commission and each State receiving such assistance submit to the Secretary an annual report that provides a detailed accounting of the use of the assistance. (2) Biennial reports to the congress.--The Secretary shall submit biennial reports to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the use of Federal assistance provided to the Commission and the States under this subtitle. Each biennial report shall evaluate the success of such assistance in implementing this subtitle. TITLE II--JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM SEC. 201. SHORT TITLE. This title may be cited as the ``Marine Mammal Rescue Assistance Act of 2000''. SEC. 202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. (a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371 et seq.) is amended-- (1) by redesignating sections 408 and 409 as sections 409 and 410, respectively; and (2) by inserting after section 407 the following: ``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. ``(a) In General.--(1) Subject to the availability of appropriations, the Secretary shall conduct a grant program to be known as the John H. Prescott Marine Mammal Rescue Assistance Grant Program, to provide grants to eligible stranding network participants for the recovery or treatment of marine mammals, the collection of data from living or dead stranded marine mammals for scientific research regarding marine mammal health, and facility operation costs that are directly related to those purposes. ``(2)(A) The Secretary shall ensure that, to the greatest extent practicable, funds provided as grants under this subsection are distributed equitably among the stranding regions designated as of the date of the enactment of the Marine Mammal Rescue Assistance Act of 2000, and in making such grants shall give preference to those facilities that have established records for rescuing or rehabilitating sick and stranded marine mammals in each of the respective regions, or subregions. ``(B) In determining priorities among such regions, the Secretary may consider-- ``(i) any episodic stranding or any mortality event other than an event described in section 410(6), that occurred in any region in the preceding year; ``(ii) data regarding average annual strandings and mortality events per region; and ``(iii) the size of the marine mammal populations inhabiting a geographic area within such a region. ``(b) Application.--To receive a grant under this section, a stranding network participant shall submit an application in such form and manner as the Secretary may prescribe. ``(c) Consultation.--The Secretary shall consult with the Marine Mammal Commission, a representative from each of the designated stranding regions, and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science regarding stranded marine mammals, regarding the development of criteria for the implementation of the grant program and the awarding of grants under the program. ``(d) Limitation.--The amount of a grant under this section shall not exceed $100,000. ``(e) Matching Requirement.-- ``(1) In general.--The non-Federal share of the costs of an activity conducted with a grant under this section shall be 25 percent of such costs. ``(2) In-kind contributions.--The Secretary may apply to the non-Federal share of an activity conducted with a grant under this section the amount of funds, and the fair market value of property and services, provided by non-Federal sources and used for the activity. ``(f) Administrative Expenses.--Of amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this section. ``(g) Definitions.--In this section: ``(1) Designated stranding region.--The term `designated stranding region' means a geographic region designated by the Secretary for purposes of administration of this title. ``(2) Secretary.--The term `Secretary' has the meaning given that term in section 3(12)(A). ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2001 through 2003, to remain available until expended, of which-- ``(1) $4,000,000 may be available to the Secretary of Commerce; and ``(2) $1,000,000 may be available to the Secretary of the Interior.''. (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting ``(other than section 408)'' after ``title IV''. (c) Clerical Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended by striking the items relating to sections 408 and 409 and inserting the following: ``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant Program. ``Sec. 409. Authorization of appropriations. ``Sec. 410. Definitions.''. SEC. 203. STUDY OF THE EASTERN GRAY WHALE POPULATION. (a) Study.--Not later than 180 days after the date of the enactment of this Act and subject to the availability of appropriations, the Secretary of Commerce shall initiate a study of the environmental and biological factors responsible for the significant increase in mortality events of the eastern gray whale population and other potential impacts these factors may be having on the eastern gray whale population. (b) Consideration of Western Population Information.--The Secretary should ensure that, to the greatest extent practicable, information from current and future studies of the western gray whale population is considered in the study under this section, so as to better understand the dynamics of each population and to test different hypotheses that may lead to an increased understanding of the mechanism driving their respective population dynamics. (c) Authorization of Appropriations.--In addition to other amounts authorized under this title, there are authorized to be appropriated to the Secretary to carry out this section-- (1) $290,000 for fiscal year 2001; and (2) $500,000 for each of fiscal years 2002 through 2004. SEC. 204. CONVEYANCE OF FISHERY RESEARCH VESSEL TO AMERICAN SAMOA. (a) In General.--The Secretary of Commerce (in this section referred to as the ``Secretary'') may convey to the Government of American Samoa in accordance with this section, without consideration, all right, title, and interest of the United States in and to a retired National Oceanic and Atmospheric Administration fishery research vessel in operable condition, for use by American Samoa. (b) Limitation.--The Secretary may not convey a vessel under this section before the date on which a new replacement fishery research vessel has been delivered to the National Oceanic and Atmospheric Administration and put in active service. (c) Operation and Maintenance.--The Government of the United States shall not be responsible or liable for any maintenance or operation of a vessel conveyed under this section after the date of the delivery of the vessel to American Samoa. SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO NATIONAL MARINE SANCTUARY DESIGNATION STANDARDS. (a) Technical Amendment.--Section 303(a) of the National Marine Sanctuaries Act (16 U.S.C. 1433(a)) is amended by striking ``the Secretary--'' and all that follows through the end of the sentence and inserting the following: ``the Secretary determines that-- ``(1) the designation will fulfill the purposes and policies of this title; ``(2) the area is of special national significance due to-- ``(A) its conservation, recreational, ecological, historical, scientific, cultural, archaeological, educational, or esthetic qualities; ``(B) the communities of living marine resources it harbors; or ``(C) its resource or human-use values; ``(3) existing State and Federal authorities are inadequate or should be supplemented to ensure coordinated and comprehensive conservation and management of the area, including resource protection, scientific research, and public education; ``(4) designation of the area as a national marine sanctuary will facilitate the objectives stated in paragraph (3); and ``(5) the area is of a size and nature that will permit comprehensive and coordinated conservation and management.''. (b) Conforming Amendments.--Such Act is further amended-- (1) in section 304(a)(1)(C) (as amended by section 6(a) of the National Marine Sanctuaries Amendments Act of 2000) by striking ``the Secretary shall''; and (2) in section 304(a)(2)(E) (as amended by section 6(b) of the National Marine Sanctuaries Amendments Act of 2000) by striking ``findings'' and inserting ``determinations''. (c) Effective Date.--This section shall take effect immediately after the National Marine Sanctuaries Amendments Act of 2000 takes effect. SEC. 206. WESTERN PACIFIC PROJECT GRANTS. Section 111(b)(1) of the Sustainable Fisheries Act (16 U.S.C. 155 note) is amended by striking the last sentence and inserting ``There are authorized to be appropriated to carry out this section $500,000 for each fiscal year.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "(Sec. 102) Requires the Secretaries of Commerce and the Interior to: (1) conduct a study to determine if the distribution of year classes in the Atlantic striped bass population is appropriate for maintaining adequate recruitment and sustainable fishing opportunities; and (2) report results to specified congressional committees along with a long-term plan to ensure a balanced and healthy population structure of Atlantic striped bass. Authorizes appropriations. Subtitle B: Atlantic Coastal Fisheries Cooperative Management - Atlantic Coastal Fisheries Act of 2000 - Amends the Atlantic Coastal Fisheries Cooperative Management Act to extend the authorization of appropriations to carry out such Act through FY 2005. Authorizes amounts to be used to support the Atlantic States Marine Fisheries Commission's cooperative statistics program. Title II: John H. Prescott Marine Mammal Rescue Assistance Grant Program - Marine Mammal Rescue Assistance Act of 2000 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program to provide assistance to eligible stranding network participants for: (1) marine mammal recovery and treatment; (2) data collection from living or dead marine mammals; and (3) facilities operation. Caps grants at $100,000. Require s a 25 percent non-Federal matching amount, which may be in-kind contributions. Authorizes FY 2001 through 2003 appropriations. (Sec. 203) Requires the Secretary to study environmental and biological factors responsible for the significant increase in mortality events of the eastern gray whale population and other potential impacts these factors may be having on such population. Authorizes appropriations. (Sec. 204) Authorizes the Secretary to convey a retired National Oceanic and Atmospheric Administration fishery research vessel to the Government of American Samoa. (Sec. 205) Amends the National Marine Sanctuaries Act to revise sanctuary designation standards. (Sec. 206) Amends the Sustainable Fisheries Act to authorize appropriations for each fiscal year for grants to carry out Western Pacific fishery demonstration projects to promote traditional indigenous fishing practices."}
{"article": "SECTION 1. OWNERSHIP. (a) Repeal of Ownership Based on Aboriginal Lands.--Paragraph (2) of section 3(a) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(a)(2)) is amended-- (1) by inserting ``or'' at the end of subparagraph (A); (2) by striking ``; or'' at the end of subparagraph (B) and inserting a period; and (3) by striking subparagraph (C). (b) Inadvertent Discovery.--Subsection (d) of section 3 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002) is amended-- (1) in paragraph (1), by inserting ``those'' before ``Federal lands''; and (2) in paragraph (2), by adding at the end the following new sentence: ``Any person or entity that disposes of or controls a cultural item referred to in the preceding sentence shall comply with the applicable requirements of subsection (c).''. (c) Recording and Status of Items Excavated or Discovered After November 16, 1990.--Section 3 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002) is amended by adding at the end the following new subsection: ``(f) Recording and Status of Items Excavated or Discovered After November 16, 1990.--Cultural items excavated or discovered on Federal lands after November 16, 1990, except those items whose ownership or control is established under paragraph (1) or paragraph (2)(A) of subsection (a)-- ``(1) shall be reasonably recorded according to generally accepted scientific standards; ``(2) shall remain under the control of the agency having primary management authority for the land on which the cultural item was excavated or discovered until 90 days after the publication in the Federal Register of a notice setting out a general description of the item, its estimated age, and the general area of discovery; and ``(3) are subject to the study provisions of subsection 7(b).''. SEC. 2. LIMITED AUTHORIZATION FOR STUDY. The last sentence of section 5(b)(2) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3003(b)(2)) is amended by inserting ``, except as expressly set forth in sections 3(f) and 7(b),'' after ``mean, and''. SEC. 3. STUDY AND RECORDING. Subsection (b) of section 7 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3005) is amended to read as follows: ``(b) Study and Recording.--(1) In cases of human remains and associated funerary objects for which no lineal descendants have been identified and in cases of all other cultural items: ``(A) If the cultural affiliation of a cultural item has not been established, studies may be conducted in an attempt to establish such an affiliation or to obtain scientific, historical, or cultural information. If the cultural affiliation of a cultural item is determined pursuant to this subparagraph, the Federal agency or museum having custody of the cultural item shall, not later than 90 days after such determination, notify any culturally affiliated Indian tribe or Native Hawaiian organization of their affiliation. Such notice shall be given in the manner specified in paragraphs (2) and (3) of section 5(d). ``(B) If the cultural affiliation of a cultural item has been established with an Indian tribe or Native Hawaiian organization, studies of such item may be conducted if needed for the completion of a specific scientific study, the outcome of which is reasonably expected to provide significant new information concerning the history or prehistory of the United States. If the culturally affiliated tribe or organization requests the return of the cultural item, the Federal agency or museum shall return such item to the Indian tribe or Native Hawaiian organization not later than 90 days after the date on which the scientific study is completed. Study of a cultural item under this subparagraph shall not be permitted to delay return of the item for more than 180 days after the item is made available for study, unless a longer period of study is agreed upon by the culturally affiliated tribe or organization that has requested return of the cultural item. ``(2) Not later than 180 days after a study conducted under this subsection is completed, the Federal agency or museum with custody of the cultural item shall provide a report of the results of the study to any Indian tribe or Native Hawaiian organization that has an established cultural affiliation with the cultural item studied. ``(3) If study of a cultural item pursuant to subparagraph (A) or (B) of paragraph (1) is requested, the Federal agency or museum with custody of such item shall make such item reasonably available for such study unless, not later than 90 days after the request for the study is made, the Secretary determines that the Federal agency or museum has reasonably established that the potential scientific benefit of the requested study is outweighed under the circumstances by curatorial, cultural, or other reasonable considerations. ``(4) Nothing in this subsection shall be construed to require any museum to undertake or permit any study of a cultural item that is contrary to policies of the museum or to its prior agreements.''.", "summary": "Amends the Native American Graves Protection and Repatriation Act to repeal a provision regarding the granting of ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after November 16, 1990, and for which a cultural affiliation is not readily ascertainable. Directs that such items excavated or discovered on Federal lands: (1) be reasonably recorded according to generally accepted scientific standards; (2) remain under the control of the agency having primary management authority for the land on which the item was excavated or discovered until 90 days after the publication in the Federal Register of a notice setting out a general description of the item, its estimated age, and the general area of discovery; and (3) be subject to the following study provisions. Revises study and recording provisions to provide that, in cases of human remains and associated funerary objects for which no lineal descendants have been identified and in cases of other cultural items, if the cultural affiliation of a cultural item has: (1) not been established, studies may be conducted in an attempt to establish such an affiliation or to obtain scientific, historical, or cultural information; and (2) been established with an Indian tribe or Native Hawaiian organization, studies of such item may be conducted if needed for the completion of a specific study, the outcome of which is reasonably expected to provide significant new information concerning the history or prehistory of the United States. Requires the Federal agency or museum with custody of the cultural item to: (1) return an item to the affiliated tribe or organization, upon request, within 90 days after the study is completed; and (2) provide a report of the results to such tribe or organization within 180 days after the study is completed. Provides that if a study of a specified cultural item is requested, the Federal agency or museum with custody of such item must make such item reasonably available for such study unless, within 90 days after the request for the study is made, the Secretary determines that the agency or museum has reasonably established that the potential scientific benefit of the requested study is outweighed by curatorial, cultural, or other reasonable considerations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Accountability of Failed Exchanges Act''. SEC. 2. STATES AWARDED EXCHANGE ESTABLISHMENT GRANTS THAT TERMINATE STATE OPERATION OF SUCH AN EXCHANGE REQUIRED TO PROVIDE AUDITS OF THE USE OF GRANT FUNDS AND RETURN FUNDS TO THE FEDERAL GOVERNMENT. (a) In General.--Section 1311(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(a)) is amended by adding at the end the following new paragraph: ``(6) Treatment in case of exchange termination.-- ``(A) In general.--In the case of a State that is awarded a grant under this section to establish an Exchange and that terminates the operation of such Exchange or otherwise transfers the operation of such Exchange to an entity other than such State-- ``(i) not later than 30 days after the date of such termination or transfer (or, in the case of such a termination or transfer that occurred before the date of the enactment of this paragraph, not later than 30 days after such date of enactment), the State shall submit to Congress and the Secretary a report containing the results of an audit of how amounts awarded to such State pursuant to such grant were used; and ``(ii) not later than 30 days after the date of such termination or transfer (or, in the case of such a termination or transfer that occurred before the date of the enactment of this paragraph, not later than 30 days after such date of enactment)-- ``(I) in accordance with subparagraph (B), there are rescinded any unobligated amounts awarded to such State pursuant to such grant; and ``(II) in accordance with subparagraph (C), the State shall provide to the Administrator of General Services any property acquired by such State with amounts awarded to such State pursuant to such grant and shall submit to Congress and the Secretary a record of the provision of such property to the Administrator. ``(B) Retention of funds for deficit reduction.-- Funds rescinded under subparagraph (A)(ii)(I) shall be retained in the general fund of the Treasury for Federal budget deficit reduction. ``(C) Treatment of property.--The Administrator of General Services may-- ``(i) dispose of any property obtained pursuant to subparagraph (A)(ii)(II) through a public auction for cash and for not less than the fair market value of the property, as determined by the Administrator; ``(ii) provide to any Federal agency such property for official use by such agency; or ``(iii) lease or hire such property, and may insure such property. ``(D) Exemption from certain property disposal requirements.--Any disposal of property conducted under subparagraph (C)(i) shall not be subject to-- ``(i) subchapter IV of chapter 5 of subtitle I of title 40, United States Code; ``(ii) sections 550 and 553 of title 40, United States Code; ``(iii) section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411); ``(iv) any other provision of law authorizing the no-cost conveyance of property owned by the Federal Government; or ``(v) any congressional notification requirement other than that in section 545 of title 40, United States Code. ``(E) Income from property.--The Administrator shall deposit any income from the disposition, lease, or hire of the property obtained pursuant to subparagraph (A)(ii)(II) in the general fund of the Treasury for Federal budget deficit reduction.''. (b) Application of the False Claims Act.--Section 1313(a)(6)(A) of the Patient Protection and Affordable Care Act (42 U.S.C. 18033(a)(6)(A)) is amended by adding at the end the following: ``Further, except as otherwise provided for expressly under this Act, the False Claims Act preempts any State enforcement action of alleged fraud, waste, and abuse of funds issued pursuant to this Act. States that terminate or transfer their exchange will refer all current and future matters involving fraud, waste, and abuse of funds issued pursuant to this Act to the United States Department of Justice. Any current or future enforcement action shall be removed to or brought in Federal court. All fines, penalties, damages, or awards, monetary or otherwise, arising out of any current or future enforcement action, represent Federal funds that shall be returned to the United States.''. (c) Enforcement Action.--The Attorney General may bring an action before the appropriate district court of the United States to enforce section 1311(a)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(a)(6)). (d) Effective Date.--The provisions of this section, including the amendment made by subsection (a), shall apply with respect to grants made before, on, or after the date of the enactment of this Act and to terminations and transfers of Exchanges occurring before, on, or after such date.", "summary": "Transparency and Accountability of Failed Exchanges Act This bill amends the Patient Protection and Affordable Care Act (PPACA) to require the Department of Health and Human Services, for certain states awarded a grant to establish a health insurance exchange, to report on how awarded amounts were used and rescind unobligated amounts. This applies to any state that terminates operation of its exchange or transfers operation to another entity. Such a state must provide to the General Services Administration any property acquired through the grant and refer matters involving fraud, waste, and abuse of funds issued pursuant to PPACA to the Department of Justice. Funds rescinded must be retained for federal budget deficit reduction."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Secondary Payer Advancement, Rationalization, and Clarification Act'' or the ``SPARC Act''. SEC. 2. CLARIFICATION AND RATIONALIZATION OF MEDICARE PRESCRIPTION DRUG SECONDARY CLAIMS RESPONSIBILITY. (a) In General.--Section 1860D-2(a)(4) of the Social Security Act (42 U.S.C. 1395w-102(a)(4)) is amended to read as follows: ``(4) Secondary payor and recovery rights.-- ``(A) In general.-- ``(i) Application of secondary payor.--A prescription drug plan shall be secondary payor to any valid and collectible payment from a primary drug plan (as defined in clause (iv)) until such time as such primary drug plan pays a final settlement, judgment, or award to an individual enrolled under the prescription drug plan with regard to an injury or illness involved or otherwise terminates its ongoing responsibility for medical payments with respect to the individual. ``(ii) Limitation on parties making prescription drug plans primary.--A primary drug plan (as defined in clause (iv), other than a group health plan or multiemployer or multiple employer plan of, or contributed to by, an employer that has 20 or fewer employees for each working day in each of 20 or more calendar weeks in the calendar year involved or the preceding calendar year), a self-insured plan, a service benefit plan, a managed care organization, a pharmacy benefit manager, or other party that, by statute, contract, or agreement, is legally responsible for payment of a claim for a covered outpatient drug, in enrolling an individual or in making any payments for benefits to the individual or on the individual's behalf, may not take into account that the individual is enrolled under a prescription drug plan under this part or is eligible for or is provided coverage for covered part D drugs under this part. ``(iii) Limitation on secretarial claims through subrogation.--The Secretary shall not assert any claim on behalf or against a prescription drug plan, other than through the recovery from such a plan of amounts paid related to a covered part D drug event that has been repaid to the plan through a subrogation action or otherwise. ``(iv) Primary drug plan defined.--In this paragraph, the term `primary drug plan' means, with respect to benefits for covered part D drugs, a group health plan or large group health plan (other than a group health plan or multiemployer or multiple employer plan of, or contributed to by, an employer that has 20 or fewer employees for each working day in each of 20 or more calendar weeks in the calendar year involved or the preceding calendar year), a workers' compensation law or plan, an automobile or liability insurance policy or plan (including a self-insured plan) or no- fault insurance insofar as such a plan, law, policy, or insurance provides such benefits, insofar as, under the provisions of section 1862(b)(2), such coverage would be treated as a primary plan if benefits for covered part D drugs were treated as benefits under parts A and B. For purposes of this clause, an entity that engages in a business, trade, or profession shall be deemed to have a self- insured plan if it carries its own risk (whether by a failure to obtain insurance, or otherwise) in whole or in part. ``(B) Waiver.--A prescription drug plan may waive (in whole or in part) the provisions of this paragraph in the case of an individual claim if the plan determines that the waiver is in the best interests of the program established under this part. ``(C) Recovery.--A prescription drug plan shall be subrogated (to the extent of payment made under this part by the plan for any covered part D drug before the date the plan received notice pursuant to subparagraph (D)) to any right of an individual or any other entity to payment, with respect to such covered part D drug, under a primary drug plan. A subrogation claim may not be asserted pursuant to this subparagraph by a prescription drug plan with respect to a payment for a covered part D drug after the date that is 3 years after the date such plan receives notice of a payment, with respect to such covered part D drug, pursuant to subparagraph (D). Any such subrogation claim shall be the exclusive legal remedy of the PDP sponsor of the plan and shall be reduced to take into account the cost of procuring the judgment or settlement with respect to such claim if an individual's liability, workers' compensation, or no-fault claim is disputed. Any costs or expense incurred by a prescription drug plan related to recoveries pursuant to this subparagraph shall not be considered an administrative cost or expense, as those terms are used in this part. ``(D) Coordination of benefits information.--Not later than 15 days after the date the Secretary receives information under paragraph (7) or (8) of section 1862(b) relating to an individual enrolled in a prescription drug plan during an applicable time, the Secretary shall provide such information to such prescription drug plan in a format convenient and accessible to such plans. The Secretary shall waive any requirements under this part that a prescription drug plan establish procedures for determining whether costs for part D eligible individuals are being reimbursed through insurance or otherwise or identify payers that are primary to the program under subparagraph (A)(ii) other than as required under this paragraph. ``(E) Coordination of benefits.--A prescription drug plan shall, in the case of receipt of a notice pursuant to subparagraph (D) related to an enrollee for whom a primary drug plan has reported on ongoing responsibility for medical costs pursuant to paragraph (7) or (8) of section 1862(b), authorize the provider of such covered part D drug to charge, in accordance with the charges allowed under the prescription drug plan, such primary drug plan for such covered part D drug related to or arising out of the treatment accident or injury subject to such notice (other than payments subject to a claim under subparagraph (B) or (F)) for the period in which the enrollee remains enrolled in such plan through the date upon which such primary drug plan has terminated such ongoing responsibility for medical payments. ``(F) Use of web site to determine final reimbursement amount.-- ``(i) Notification of plans.--Not later than 10 days after the date the Secretary receives a notice under section 1862(b)(2)(B)(vii)(I) relating to an individual during the period the individual is enrolled in a prescription drug plan, the Secretary shall provide such notice to the plan. ``(ii) Statement by plan.-- ``(I) In general.--Not later than 30 days after the date a plan receives a notice under clause (i), the plan may provide the Secretary with a statement of any covered part D drug for which the plan seeks reimbursement, including the amount of such reimbursement. ``(II) Failure to provide statement.--The prescription drug plan shall be deemed to have waived its rights under subparagraph (B)-- ``(aa) in the case that the prescription drug plan does not provide such statement by such date, with respect to any covered part D drug provided to such individual with respect to such notice; and ``(bb) in the case that the prescription drug plan provides such statement by such date, with respect to any covered part D drug provided to such individual which was not identified in the notice. ``(iii) Inclusion of information on web site.--The Secretary shall include any covered part D drug identified by a prescription drug plan pursuant to clause (ii) within the Secretary's statement of reimbursement amount on the Web site as described in section 1862(b)(2)(B)(vii). ``(iv) Collection.--The Secretary may collect (on behalf of a prescription drug plan) the reimbursement amount for covered part D drugs, as identified pursuant to clause (ii), from the individual involved or the primary drug plan pursuant to the procedures set forth under section 1862(b)(2)(B)(vii). Any such amounts collected by the Secretary for covered part D drugs directly paid by the plan shall be remitted directly by the Secretary to the appropriate prescription drug plan that enrolled the individual related to the notice during the applicable time period for which such individual was enrolled, and the Secretary shall retain such amounts as were paid to the plan in subsidy for such drugs.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to drugs dispensed in years beginning more than 6 months after the date of the enactment of this Act.", "summary": "Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act This bill specifies recovery rules and timelines with respect to secondary claims responsibility under the Medicare prescription drug benefit. Current law specifies only that secondary payor provisions apply under the benefit in the same manner as they apply with respect to Medicare Advantage plans."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``One Strike You're Out, Part II Act''. SEC. 2. SCREENING OF PROSPECTIVE ASSISTED FAMILIES. (a) In General.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (k) the following new subsection: ``(l) Denial of Assistance to Criminal Offenders.--In making assistance under this section available on behalf of eligible families, a public housing agency may deny the provision of such assistance in the same manner, for the same period, and subject to the same conditions that an owner of federally assisted housing may deny occupancy in such housing under section 642(b) of the Housing and Community Development Act of 1992.''. (b) Conforming Amendment.--Clause (A) of section 8(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is amended to read as follows: ``(A) the selection of tenants for such units shall be function of the owner, subject to the provisions of the annual contributions contract between the Secretary and the public housing agency, except that in making such assistance available the public housing agency may limit the provision of assistance pursuant to subsection (l);''. SEC. 3. OCCUPANCY SCREENING. Section 642 of the Housing and Community Development Act of 1992 (42 U.S.C. 13602)-- (1) by inserting ``(a) General Criteria.--'' before ``In''; and (2) by adding at the end the following new subsections: ``(b) Authority to Deny Occupancy for Criminal Offenders.--In selecting tenants for occupancy of dwelling units in federally assisted housing, if the owner of such housing determines that an applicant for occupancy in the housing or any member of the applicant's household is or was, during the preceding 3 years, engaged in any activity described in paragraph (2)(C) of section 645, the owner may-- ``(1) deny such applicant occupancy and consider the applicant (for purposes of any waiting list) as not having applied for such occupancy ; and ``(2) after the expiration of the 3-year period beginning upon such activity, require the applicant, as a condition of occupancy in the housing or application for occupancy in the housing, to submit to the owner evidence sufficient (as the Secretary shall by regulation provide) to ensure that the individual or individuals in the applicant's household who engaged in criminal activity for which denial was made under paragraph (1) have not engaged in any criminal activity during such 3-year period. ``(c) Authority to Require Access to Criminal Records.--An owner of federally assisted housing may require, as a condition of providing occupancy in a dwelling unit in such housing to an applicant for occupancy and the members of the applicant's household, that each adult member of the household provide the owner with a signed, written authorization for the owner to obtain records described in section 646(a) regarding such member of the household from the National Crime Information Center, police departments, and other law enforcement agencies.''. SEC. 4. TERMINATION OF TENANCY. (a) Public Housing.-- (1) Expedited grievance procedure.--Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended in the first sentence of the matter following paragraph (6) by striking ``For'' and all that follows through ``off such premises'' and inserting the following: ``For any grievance concerning an eviction or termination of tenancy that involves any activity that is described in subsection (l)(5)''. (2) Leases.--Section 6(l) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended by striking paragraphs (4) and (5) and inserting the following new paragraphs: ``(4) require that the public housing agency may not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; ``(5) provide that any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control (regardless of whether the tenant had actual knowledge of such activity), that-- ``(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the public housing agency or other manager of the housing, ``(B) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises, or ``(C) is criminal activity (including drug-related criminal activity) on or off the premises, shall be cause for termination of tenancy; and''. (b) Section 8 Assistance.--Section 8(d)(1)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended by striking clauses (ii) and (iii) and inserting the following new clauses: ``(ii) the owner may not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; ``(iii) any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control (regardless of whether the tenant had actual knowledge of such activity), that-- ``(I) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the owner or other manager of the housing, ``(II) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises, or ``(III) is criminal activity (including drug- related criminal activity) on or off the premises, shall be cause for termination of tenancy; and''. (c) Federally Assisted Housing.--Subtitle C of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13601 et seq.) is amended-- (1) by adding at the end the following new section: ``SEC. 645. TERMINATION OF TENANCY. ``Each lease for a dwelling unit in federally assisted housing shall provide that-- ``(1) the owner may not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; and ``(2) any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control (regardless of whether the tenant had actual knowledge of such activity), that-- ``(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the owner or other manager of the housing, ``(B) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises, or ``(C) is criminal activity (including drug-related criminal activity) on or off the premises, shall be cause for termination of tenancy.''; and (2) in section 683 (42 U.S.C. 13641), by adding at the end the following new paragraph: ``(6) Drug-related criminal activity.--The term `drug- related criminal activity' means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in section 102 of the Controlled Substances Act).''. SEC. 6. AVAILABILITY OF CRIMINAL RECORDS FOR TENANT SCREENING AND EVICTION. Subtitle C of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13601 et seq.) is amended adding after section 645 (as added by section 5(c) of this Act) the following new section: ``SEC. 646. AVAILABILITY OF RECORDS. ``(a) In General.-- ``(1) Provision of information.--Notwithstanding any other provision of law other than paragraph (2), upon the request of an owner of federally assisted housing, the National Crime Information Center, a police department, and any other law enforcement agency shall provide to the owner of federally assisted housing information regarding the criminal conviction records of an adult applicant for, or tenants of, the federally assisted housing for purposes of applicant screening, lease enforcement, and eviction, but only if such Center, department, or agency is presented with a written authorization, signed by such applicant, for the release of such information to such owner. ``(2) Exception.--A law enforcement agency described in paragraph (1) shall provide information under this paragraph relating to any criminal conviction of a juvenile only to the extent that the release of such information is authorized under the law of the applicable State, tribe, or locality. ``(b) Opportunity to Dispute.--Before an adverse action is taken with regard to assistance for federally assisted housing on the basis of a criminal record, the public housing agency or owner, as applicable, shall provide the tenant or applicant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record. ``(c) Fee.--A public housing agency or owner of federally assisted housing may be charged a reasonable fee for information provided under subsection (a). ``(d) Records Management.--Each public housing agency and owner of federally assisted housing that receives criminal record information under this section shall establish and implement a system of records management that ensures that any criminal record received by the agency or owner is-- ``(1) maintained confidentially; ``(2) not misused or improperly disseminated; and ``(3) destroyed, once the purpose for which the record was requested has been accomplished. ``(e) Definition.--For purposes of this section, the term `adult' means a person who is 18 years of age or older, or who has been convicted of a crime as an adult under any Federal, State, or tribal law.''.", "summary": "One Strike You're Out, Part II Act - Amends the United States Housing Act of 1937 with regard to section 8 housing, and the Housing and Community Development Act of 1992 with regard to federally assisted housing, to authorize denial of occupancy assistance or occupancy to criminal offender-applicants. Amends such Acts to provide for termination of tenancy for criminal activity or activity that threatens the safety or peaceful enjoyment of others. Amends the Housing and Community Development Act of 1992 to make adult (and juvenile if permitted by State, local, or tribal authority) applicant and tenant criminal records available to owners of federally assisted housing under specified circumstances."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act''. SEC. 2. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS. (a) Enhanced Penalties.-- (1) In general.--Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end the following: ``SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS. ``(a) Illicit Spotting.--Any person who knowingly transmits, by any means, to another person the location, movement, or activities of any Federal, State, local, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. ``(b) Destruction of United States Border Controls.--Any person who knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent, or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry-- ``(1) shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; and ``(2) if, at the time of the offense, the person uses or carries a firearm or who, in furtherance of any such crime, possesses a firearm, that person shall be fined under such title 18, imprisoned not more than 20 years, or both. ``(c) Conspiracy and Attempt.--Any person who attempts or conspires to violate subsection (a) or (b) shall be punished in the same manner as a person who completes a violation of such subsection.''. (2) Clerical amendment.--The table of contents in the first section of the Immigration and Nationality Act is amended by inserting after the item relating to section 294 the following: ``Sec. 295. Unlawfully hindering immigration, border, and customs controls.''. (b) Prohibiting Carrying or Use of a Firearm During and in Relation to an Alien Smuggling Crime.--Section 924(c) of title 18, United States Code, is amended-- (1) by striking ``For purposes of this subsection,'' each place such phrase appears; (2) in paragraph (1)-- (A) in subparagraph (A), by inserting ``, alien smuggling crime,'' after ``crime of violence'' each place that term appears; and (B) in subparagraph (D)(ii), by inserting ``, alien smuggling crime,'' after ``crime of violence''; (3) in paragraph (3), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margin accordingly; (4) by redesignating paragraphs (2), (3), and (4) as subparagraphs (D), (C), and (B), respectively, and adjusting the margin accordingly; (5) by transferring subparagraph (B), as redesignated, to appear before subparagraph (C), as redesignated; (6) by transferring subparagraph (D), as redesignated, to appear after subparagraph (C), as redesignated; (7) by redesignating paragraph (5) as paragraph (2) and transferring the redesignated paragraph to appear after paragraph (1); (8) by inserting after paragraph (2), as redesignated and transferred, the following: ``(3) As used in this subsection-- ``(A) the term `alien smuggling crime' means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328);''; and (9) in paragraph (3), as redesignated-- (A) in subparagraph (B), as redesignated, by striking the period at the end and inserting a semicolon; and (B) in subparagraph (C)(ii), as redesignated, by striking the period at the end and inserting ``; and''. (c) Conforming Amendments.-- (1) Bankruptcy code.--Section 707(c)(1)(B) of title 11, United States Code, is amended by striking ``section 924(c)(2)'' and inserting ``section 924(c)(3)(D)''; (2) Criminal code.--Title 18, United States Code, is amended-- (A) in section 844(o)-- (i) by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and (ii) by striking ``section 924(c)(2)'' and inserting ``section 924(c)(3)(D)''; (B) in section 1028(b)(3)(B), by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and (C) in section 4042(b)(3)-- (i) in subparagraph (A), by striking ``section 924(c)(2)'' and inserting ``section 924(c)(3)(D)''; and (ii) in subparagraph (B), by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''. (3) Prisons.--Section 3(1) of the Interstate Transportation of Dangerous Criminals Act of 2000 (42 U.S.C. 13726a(1)) is amended by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''. (d) Statute of Limitations.--Section 3298 of title 18, United States Code, is amended-- (1) by inserting ``or 295'' after ``274(a)''; and (2) by inserting ``(8 U.S.C. 1324(a) and 1363b)'' after ``Immigration and Nationality Act''.", "summary": "Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act This bill amends the Immigration and Nationality Act to prohibit: (1) transmitting to another person the location, movement, or activities of law enforcement agents while intending to further a federal crime relating to U.S. immigration; (2) destroying, altering, or damaging any physical or electronic device used by the federal government to control the border or any port of entry; or (3) carrying or using a firearm in an alien smuggling crime."}
{"article": "SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Safety Net Access Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Supplemental reimbursement for Federally qualified health centers participating in medicare managed care. Sec. 3. Revision of Federally qualified health center payment limits. Sec. 4. Coverage of additional Federally qualified health center services. Sec. 5. Providing safe harbor for certain collaborative efforts that benefit medically underserved populations. SEC. 2. SUPPLEMENTAL REIMBURSEMENT FOR FEDERALLY QUALIFIED HEALTH CENTERS PARTICIPATING IN MEDICARE MANAGED CARE. (a) Supplemental Reimbursement.-- (1) In general.--Section 1833(a)(3) of the Social Security Act (42 U.S.C. 1395l(a)(3)) is amended to read as follows: ``(3) in the case of services described in section 1832(a)(2)(D)-- ``(A) except as provided in subparagraph (B), the costs which are reasonable and related to the cost of furnishing such services or which are based on such other tests of reasonableness as the Secretary may prescribe in regulations, including those authorized under section 1861(v)(1)(A), less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A), but in no case may the payment for such services (other than for items and services described in section 1861(s)(10)(A)) exceed 80 percent of such costs; or ``(B) with respect to the services described in clause (ii) of section 1832(a)(2)(D) that are furnished to an individual enrolled with a Medicare+Choice organization under part C pursuant to a written agreement described in section 1853(j), the amount by which-- ``(i) the amount of payment that would have otherwise been provided under subparagraph (A) (calculated as if `100 percent' were substituted for `80 percent' in such subparagraph) for such services if the individual had not been so enrolled; exceeds ``(ii) the amount of the payments received under such written agreement for such services (not including any financial incentives provided for in such agreement such as risk pool payments, bonuses, or withholds), less the amount the Federally qualified health center may charge as described in section 1857(e)(3)(C);''. (b) Continuation of Medicare+Choice Monthly Payments.-- (1) In general.--Section 1853 of the Social Security Act (42 U.S.C. 1395w-23) is amended by adding at the end the following new subsection: ``(j) Special Payment Rule for Federally Qualified Health Center Services.--If an individual who is enrolled with a Medicare+Choice organization under this part receives a service from a Federally qualified health center that has a written agreement with such organization for providing such a service (including any agreement required under section 1857(e)(3))-- ``(1) the Secretary shall pay the amount determined under section 1833(a)(3)(B) directly to the Federally qualified health center not less frequently than quarterly; and ``(2) the Secretary shall not reduce the amount of the monthly payments to the Medicare+Choice organization made under section 1853(a) as a result of the application of paragraph (1).''. (2) Conforming amendments.-- (A) Paragraphs (1) and (2) of section 1851(i) of the Social Security Act (42 U.S.C. 1395w-21(i)(1)) are each amended by inserting ``1853(j),'' after ``1853(h),''. (B) Section 1853(c)(5) is amended by striking ``subsections (a)(3)(C)(iii) and (i)'' and inserting ``subsections (a)(3)(C)(iii), (i), and (j)(1)''. (c) Additional Medicare+Choice Contract Requirements.--Section 1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following new paragraph: ``(3) Agreements with federally qualified health centers.-- ``(A) Ensuring equal access to services of fqhcs.-- A contract under this part shall require the Medicare+Choice organization to enter into (and to demonstrate to the Secretary that it has entered into) a sufficient number of written agreements with Federally qualified health centers providing Federally qualified health center services for which payment may be made under this title in the service area of each Medicare+Choice plan offered by such organization so that such services are reasonably available to individuals enrolled in the plan. ``(B) Ensuring equal payment levels and amounts.--A contract under this part shall require the Medicare+Choice organization to provide a level and amount of payment to each Federally qualified health center for services provided by such health center that are covered under the written agreement described in subparagraph (A) that is not less than the level and amount of payment that the organization would make for such services if the services had been furnished by a provider of services that was not a Federally qualified health center. ``(C) Cost-sharing.--Under the written agreement described in subparagraph (A), a Federally qualified health center must accept the Medicare+Choice contract price plus the Federal payment as payment in full for services covered by the contract, except that such a health center may collect any amount of cost-sharing permitted under the contract under this part, so long as the amounts of any deductible, coinsurance, or copayment comply with the requirements under section 1854(e) and do not result in a total payment to the center in excess of the amount determined under section 1833(a)(3)(A) (calculated as if `100 percent' were substituted for `80 percent' in such section).''. (d) Safe Harbor From Antikickback Prohibition.--Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended-- (1) in subparagraph (E), by striking ``and'' after the semicolon at the end; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) any remuneration between a Federally qualified health center (or an entity controlled by such a health center) and a Medicare+Choice organization pursuant to the written agreement described in section 1853(j).''. (e) Effective Date.--The amendments made by this section shall apply to services provided on or after January 1, 2003, and contract years beginning on or after such date. SEC. 3. REVISION OF FEDERALLY QUALIFIED HEALTH CENTER PAYMENT LIMITS. (a) Per Visit Payment Requirements for FQHCs.--Section 1833(a)(3)(A) of the Social Security Act (42 U.S.C. 1395l(a)(3)(A)), as amended by section 2(a), is amended by adding ``(which regulations may not limit the per visit payment amount, or a component of such amount, for services described in section 1832(a)(2)(D)(ii))'' after ``the Secretary may prescribe in regulations''. (b) Effective Date.--The amendment made by subsection (a) shall apply to services provided on or after January 1, 2003. SEC. 4. COVERAGE OF ADDITIONAL FEDERALLY QUALIFIED HEALTH CENTER SERVICES. (a) Coverage for FQHC Ambulatory Services.--Section 1861(aa)(3) of the Social Security Act (42 U.S.C. 1395x(aa)(3)) is amended to read as follows: ``(3) The term `Federally qualified health center services' means-- ``(A) services of the type described in subparagraphs (A) through (C) of paragraph (1), and such other services furnished by a Federally qualified health center for which payment may otherwise be made under this title if such services were furnished by a health care provider or health care professional other than a Federally qualified health center; and ``(B) preventive primary health services that a center is required to provide under section 330 of the Public Health Service Act, when furnished to an individual as a patient of a Federally qualified health center.''. (b) Offsite FQHC Services.-- (1) Patients of hospitals and critical access hospitals.-- Section 1862(a)(14) of the Social Security Act (42 U.S.C. 1395y(a)) is amended by inserting ``Federally qualified health center services,'' after ``qualified psychologist services,''. (2) Exclusion of federally qualified health center services from the pps for skilled nursing facilities.--Section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) is amended-- (A) in paragraph (2)(A)(i)(II), by striking ``clauses (ii) and (iii)'' and inserting ``clauses (ii) through (iv)''; and (B) by adding at the end of paragraph (2)(A) the following new clause: ``(iv) Exclusion of federally qualified health center services.--Services described in this clause are Federally qualified health center services (as defined in section 1861(aa)(3)).''. (c) Technical Corrections.-- (1) Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``subsection (hh)(1)),,'' and inserting ``subsection (hh)(1)),''. (2) Clauses (i) and (ii)(II) of section 1861(aa)(4)(A) of the Social Security Act (42 U.S.C. 1395x(aa)(4)(A)) are each amended by striking ``(other than subsection (h))''. (d) Effective Dates.--The amendments made-- (1) by subsections (a) and (b) shall apply to services furnished on or after January 1, 2003; and (2) by subsection (c) shall take effect on the date of enactment of this Act. SEC. 5. PROVIDING SAFE HARBOR FOR CERTAIN COLLABORATIVE EFFORTS THAT BENEFIT MEDICALLY UNDERSERVED POPULATIONS. (a) In General.--Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7(b)(3)), as amended by section 2(d), is amended-- (1) in subparagraph (F), by striking ``and'' after the semicolon at the end; (2) in subparagraph (G), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(H) any remuneration between a public or nonprofit private health center entity described under clauses (i) and (ii) of section 1905(l)(2)(B) and any individual or entity providing goods, items, services, donations or loans, or a combination thereof, to such health center entity pursuant to a contract, lease, grant, loan, or other agreement, if such agreement produces a community benefit that will be used by the health center entity to maintain or increase the availability or accessibility, or enhance the quality, of services provided to a medically underserved population served by the health center entity.''. (b) Rulemaking for Exception for Health Center Entity Arrangements.-- (1) Establishment.-- (A) In general.--The Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall establish, on an expedited basis, standards relating to the exception for health center entity arrangements to the antikickback penalties described in section 1128B(b)(3)(F) of the Social Security Act, as added by subsection (a). (B) Factors to consider.--In establishing standards relating to the exception for health center entity arrangements under subparagraph (A), the Secretary-- (i) shall extend the exception where the arrangement between the health center entity and the other party-- (I) results in savings of Federal grant funds or increased revenues to the health center entity; (II) does not limit or restrict a patient's freedom of choice; and (III) does not interfere with a health care professional's independent medical judgment regarding medically appropriate treatment; and (ii) may include other standards and criteria that are consistent with the intent of Congress in enacting the exception established under this subsection. (2) Interim final effect.--No later than 60 days after the date of enactment of this Act, the Secretary shall publish a rule in the Federal Register consistent with the factors under paragraph (1)(B). Such rule shall be effective and final immediately on an interim basis, subject to change and revision after public notice and opportunity (for a period of not more than 60 days) for public comment, provided that any change or revision shall be consistent with this subsection.", "summary": "Medicare Safety Net Access Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise the payment for certain Federally qualified health center (FQHC) services furnished to an individual enrolled with a Medicare+Choice organization under Medicare part C (Medicare+Choice), allowing for supplemental reimbursement, among other changes.Amends Medicare+Choice to add additional Medicare+Choice contract requirements.Amends SSA title XI with respect to criminal penalties for acts involving Federal health care programs, particularly illegal remunerations (kickbacks). Exempts from the prohibition against such remunerations any remuneration: (1) between a FQHC (or an entity controlled by such a health center) and a Medicare+Choice organization pursuant to a specified written agreement; and (2) between a certain kind of public or nonprofit private health center entity and any individual or entity providing goods, items, services, donations, loans, or a combination, to such health center entity pursuant to an agreement, if such agreement produces a community benefit that will be used by the health center entity to maintain or increase the availability or accessibility, or enhance the quality, of services provided to a medically underserved population served by the health center entity.Amends Medicare to provide for coverage of additional FQHC services.Directs the Secretary of Health and Human Services to establish standards relating to the exception for health center entity arrangements to specified anti-kickback penalties."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Partnership Act of 2015''. SEC. 2. AUTHORIZATION OF THE OFFICE FOR COMMUNITY PARTNERSHIPS OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Title I of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following: ``SEC. 104. OFFICE FOR COMMUNITY PARTNERSHIPS. ``(a) Definitions.--In this section-- ``(1) the term `countering violent extremism' means proactive and relevant actions to counter efforts by extremists to radicalize, recruit, and mobilize followers to violence and to address the conditions that allow for violent extremist recruitment and radicalization; and ``(2) the term `violent extremism' means ideologically motivated violence as a method of advancing a cause. ``(b) Establishment.--There is in the Department an Office for Community Partnerships. ``(c) Head of Office.--The Office for Community Partnerships shall be headed by an Assistant Secretary for Community Partnerships, who shall be designated by the Secretary. ``(d) Deputy Assistant Secretary; Assignment of Personnel.--The Secretary shall-- ``(1) designate a career Deputy Assistant Secretary for Community Partnerships; and ``(2) assign or hire, as appropriate, permanent staff to the Office for Community Partnerships. ``(e) Responsibilities.--The Assistant Secretary for Community Partnerships shall be responsible for the following: ``(1) Leading the efforts of the Department to counter violent extremism across all the components and offices of the Department that conduct strategic and supportive efforts to counter violent extremism. Such efforts shall include the following: ``(A) Partnering with communities to address vulnerabilities that can be exploited by violent extremists in the United States and explore potential remedies for government and nongovernment institutions. ``(B) Working with civil society groups and communities to counter violent extremist propaganda, messaging, or recruitment. ``(C) In coordination with the Office for Civil Rights and Civil Liberties of the Department, managing the outreach and engagement efforts of the Department directed toward communities at risk for radicalization and recruitment for violent extremist activities. ``(D) Ensuring relevant information, research, and products inform efforts to counter violent extremism. ``(E) Developing and maintaining Departmentwide plans, strategy guiding policies, and programs to counter violent extremism. Such plans shall, at a minimum, address each of the following: ``(i) The Department's plan to leverage new and existing Internet and other technologies and social media platforms to improve nongovernment efforts to counter violent extremism, as well as the best practices and lessons learned of other Federal, State, local, tribal, territorial, and foreign partners engaged in similar counter-messaging efforts. ``(ii) The Department's countering violent extremism-related engagement efforts. ``(iii) The use of cooperative agreements with State, local, tribal, territorial, and other Federal departments and agencies responsible for efforts relating to countering violent extremism. ``(F) Coordinating with the Office for Civil Rights and Civil Liberties of the Department to ensure all of the activities of the Department related to countering violent extremism fully respect the privacy, civil rights, and civil liberties of all persons. ``(G) In coordination with the Under Secretary for Science and Technology and in consultation with the Under Secretary for Intelligence and Analysis, identifying and recommending new research and analysis requirements to ensure the dissemination of information and methods for Federal, State, local, tribal, and territorial countering violent extremism practitioners, officials, law enforcement, and nongovernmental partners to utilize such research and analysis. ``(H) Assessing the methods used by violent extremists to disseminate propaganda and messaging to communities at risk for recruitment by violent extremists. ``(2) Developing a digital engagement strategy that expands the outreach efforts of the Department to counter violent extremist messaging by-- ``(A) exploring ways to utilize relevant Internet and other technologies and social media platforms; and ``(B) maximizing other resources available to the Department. ``(3) Serving as the primary representative of the Department in coordinating countering violent extremism efforts with other Federal departments and agencies and nongovernmental organizations. ``(4) Serving as the primary Department-level representative in coordinating with the Department of State on international countering violent extremism issues. ``(5) In coordination with the Administrator of the Federal Emergency Management Agency, providing guidance regarding the use of grants made to State, local, and tribal governments under sections 2003 and 2004 under the allowable uses guidelines related to countering violent extremism. ``(6) Developing a plan to expand philanthropic support for domestic efforts related to countering violent extremism, including by identifying viable community projects and needs for possible philanthropic support. ``(7) Administering the assistance described in subsection (f). ``(f) Grants To Counter Violent Extremism.-- ``(1) In general.--In accordance with this subsection, the Secretary may award grants or cooperative agreements directly to eligible recipients identified in paragraph (2) to support the efforts of local communities in the United States to counter violent extremism. ``(2) Eligible recipients.--The Secretary may award competitive grants or cooperative agreements based on need directly to-- ``(A) States; ``(B) local governments; ``(C) tribal governments; ``(D) nonprofit organizations; or ``(E) institutions of higher education. ``(3) Use of funds.--Each entity receiving a grant or cooperative agreement under this subsection shall use the grant or cooperative agreement for one or more of the following purposes: ``(A) To train or exercise for countering violent extremism, including building training or exercise programs designed to improve cultural competency and to ensure that communities, government, and law enforcement receive accurate, intelligence-based information about the dynamics of radicalization to violence. ``(B) To develop, implement, or expand programs or projects with communities to discuss violent extremism or to engage communities that may be targeted by violent extremist radicalization. ``(C) To develop and implement projects that partner with local communities to prevent radicalization to violence. ``(D) To develop and implement a comprehensive model for preventing violent extremism in local communities, including existing initiatives of State or local law enforcement agencies and existing mechanisms for engaging the resources and expertise available from a range of social service providers, such as education administrators, mental health professionals, and religious leaders. ``(E) To educate the community about countering violent extremism, including the promotion of community-based activities to increase the measures taken by the community to counter violent extremism. ``(F) To develop or assist social service programs that address root causes of violent extremism and develop, build, or enhance alternatives for members of local communities that may be targeted by violent extremism. ``(G) To develop or enhance State or local government initiatives that facilitate and build overall capacity to address the threats post by violent extremism. ``(H) To support such other activities, consistent with the purposes of this subsection, as the Secretary determines appropriate. ``(4) Grant guidelines.-- ``(A) In general.--For each fiscal year, before awarding a grant or cooperative agreement under this subsection, the Secretary shall develop guidelines published in a notice of funding opportunity that describe-- ``(i) the process for applying for grants and cooperative agreements under this subsection; ``(ii) the criteria that the Secretary will use for selecting recipients based on the need demonstrated by the applicant; and ``(iii) the requirements that recipients must follow when utilizing funds under this subsection to conduct training and exercises and otherwise engage local communities regarding countering violent extremism. ``(B) Considerations.--In developing the requirements under subparagraph (A)(iii), the Secretary shall consider the following: ``(i) Training objectives should be clearly defined to meet specific countering violent extremism goals, such as community engagement, cultural awareness, or community-based policing. ``(ii) Engaging diverse communities in the United States to counter violent extremism may require working with local grassroots community organizations to develop engagement and outreach initiatives. ``(iii) Training programs should-- ``(I) be sensitive to constitutional values, such as protecting fundamental civil rights and civil liberties, and eschew notions of racial and ethnic profiling; and ``(II) adhere to the standards and ethics of the Department, ensuring that the clearly defined objectives are in line with the strategies of the Department to counter violent extremism. ``(iv) Establishing vetting procedures for self-selected countering violent extremism training experts who offer programs that may claim to counter violent extremism, but serve to demonize certain individuals or whole cross sections of a community. ``(v) Providing a review process to determine if countering violent extremism training focuses on community engagement and outreach. ``(vi) Providing support to law enforcement to enhance knowledge, skills, and abilities to increase engagement techniques with diverse communities in the United States. ``(g) Annual Report.--Beginning in the first fiscal year beginning after the date of enactment of this section, and in each of the next 5 fiscal years, the Assistant Secretary of the Office for Community Partnerships shall submit to Congress an annual report on the Office for Community Partnerships, which shall include-- ``(1) a description of the status of the programs and policies of the Department for countering violent extremism in the United States; ``(2) a description of the efforts of the Office for Community Partnerships to cooperate with and provide assistance to other Federal departments and agencies; ``(3) qualitative and quantitative metrics for evaluating the success of such programs and policies and the steps taken to evaluate the success of such programs and policies; and ``(4) an accounting of-- ``(A) grants awarded by the Department to counter violent extremism; and ``(B) all training specifically aimed at countering violent extremism sponsored by the Department.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 103 the following: ``Sec. 104. Office for Community Partnerships.''.", "summary": "Community Partnership Act of 2015 This bill amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security (DHS) an Office for Community Partnerships, headed by an Assistant Secretary for Community Partnerships. The Assistant Secretary shall be responsible for: leading strategic and supportive efforts by DHS components and offices to counter violent extremism; developing a digital engagement strategy that expands the outreach efforts of DHS to counter violent extremist messaging; serving as the primary DHS representative in coordinating countering violent extremism efforts with other federal agencies and nongovernmental organizations and in coordinating with the Department of State on international countering violent extremism issues; providing guidance, in coordination with the Federal Emergency Management Agency (FEMA), regarding the use of grants made to state, local, and tribal governments under the Urban Area Security Initiative and the State Homeland Security Grant Program under the allowable uses guidelines related to countering violent extremism; developing a plan to expand philanthropic support for domestic efforts related to countering violent extremism; and administering grants to counter extremism, as authorized below. DHS may award grants or cooperative agreements directly, based on need, to states, local governments, tribal governments, nonprofit organizations, or institutions of higher education to support the efforts of local communities in the United States to prevent and counter violent extremism."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving America's Pollinators Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Pollination services are a vital part of agricultural production, valued at over $125,000,000,000 globally. According to a 2014 Presidential memorandum, pollinators provide for an annual amount of $24,000,000,000 to the economy of the United States and honey bees account for $15,000,000,000 of such amount. Similarly, pollination services of native pollinators, such as bumblebees, squash bees, and mason bees, contribute over $3,000,000,000 to the United States agricultural economy and are estimated to contribute between $937,000,000 and $2,400,000,000 to the economy of California alone. (2) One-third of food produced in North America--including nearly 100 varieties of fruits and vegetables such as almonds, avocados, cranberries, and apples--depends on pollination by bees. (3) Over the past several years, documented incidents of colony collapse disorder and other forms of excess bee mortality have been at a record high, with some beekeepers repeatedly losing 100 percent of their operations. The national honey crop reported in 2013 was the lowest in many decades. (4) A recent national survey sponsored by the Federal Government indicates that United States beekeepers experienced a 45.2 percent annual mortality rate with their hives during the period beginning in April 2012 and ending in March 2013. During the winter of 2013-2014, two-thirds of beekeepers experienced loss rates greater than the established acceptable winter mortality rate. (5) According to scientists at the Department of Agriculture, current losses of honey bee colonies are too high to confidently ensure the United States will be able to meet the pollination demands for agricultural crops. (6) Native pollinators, such as bumble bees, have also suffered alarming population declines. There are currently more than 40 pollinator species federally-listed as threatened or endangered, and most recently, the iconic monarch butterfly has declined by 90 percent. (7) Scientists have linked the use of a certain class of systemic insecticides, known as neonicotinoids, to the rapid decline of pollinators and to the deterioration of pollinator health. (8) Neonicotinoids cause sublethal effects, including impaired foraging and feeding behavior, disorientation, weakened immunity, delayed larval development, and increased susceptibility to viruses, diseases, and parasites. Numerous reports also document acute, lethal effects from the application of neonicotinoids. (9) Conclusions from a recent global review of the impacts of systemic pesticides, primarily neonicotinoids, warn that they are causing significant damage to a wide range of beneficial invertebrate species, are a key factor in the decline of bees, and pose a global threat to biodiversity and ecosystem services. Another recent global review documented high levels of freshwater contamination. (10) Science has demonstrated that a single corn kernel coated with a neonicotinoid is toxic enough to kill a songbird. Peer-reviewed research from the Netherlands has shown that the most severe bird population declines occurred in those areas where neonicotinoid pollution was highest. Starlings, tree sparrows, and swallows were among the most affected. (11) In January 2013, the European Food Safety Authority determined that the most widely used neonicotinoids pose unacceptable hazards to bees, prompting the European Union to suspend their use on agricultural crops. (12) In June 2013, over 50,000 bumblebees were killed as a direct result of exposure to a neonicotinoid applied to linden trees for cosmetic purposes. (13) In February 2014, Eugene, Oregon, voted to ban the use of neonicotinoid pesticides on city property. Similar bans and restrictions have been enacted in Thurston County, Spokane, and Seattle, Washington, and Skagway, Alaska. (14) In June 2014, a Presidential memorandum established a Pollinator Health Task Force after identifying pollinator decline as a threat to the sustainability of food production systems, the agricultural economy, and the health of the environment in the United States. (15) In July 2014, the United States Fish and Wildlife Service announced plans to phase out neonicotinoid pesticides in all national wildlife refuges across the United States by January 2016. The United States Fish and Wildlife Service recognized that the prophylactic use of neonicotinoids for agricultural purposes harms a wide range of non-target species and is therefore inconsistent with the management policy of the United States Fish and Wildlife Service. (16) In October 2014, an assessment by the Environmental Protection Agency found that neonicotinoid seed coatings provide little benefit to overall soybean crop yield. Additional studies determined that in approximately 80 to 90 percent of row crop uses, neonicotinoid coatings are unnecessary. The prophylactic overuse of neonicotinoids violates the fundamental principles of integrated pest management. (17) In November 2014, the Province of Ontario announced the province will move to restrict the use of neonicotinoid- coated corn and soybean seeds because of the broad harms from their overuse, with a goal of 80-percent reduction by 2017. SEC. 3. URGENT REGULATORY RESPONSE FOR HONEY BEE AND POLLINATOR PROTECTION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall suspend the registration of imidacloprid, clothianidin, thiamethoxam, dinotafuran, and any other members of the nitro group of neonicotinoid insecticides to the extent such insecticide is registered, conditionally or otherwise, under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) for use in seed treatment, soil application, or foliar treatment on bee-attractive plants, trees, and cereals until the Administrator has made a determination that such insecticide will not cause unreasonable adverse effects on pollinators based on-- (1) an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of such neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honey bees, birds, bats, and other species of beneficial insects; and (2) a completed field study that meets the criteria required by the Administrator and evaluates residues, including residue buildup after repeated annual application, chronic low- dose exposure, cumulative effects of multiple chemical exposures, and any other protocol determined to be necessary by the Administrator to protect managed and native pollinators. (b) Conditions on Certain Pesticides Registrations.-- Notwithstanding section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a), for purposes of the protection of honey bees, other pollinators, and beneficial insects, the Administrator of the Environmental Protection Agency shall not issue any new registrations, conditional or otherwise, for any seed treatment, soil application, and foliar treatment on bee-attractive plants, trees, and cereals under such Act until the Administrator has made the determination described in subsection (a), based on an evaluation described in subsection (a)(1) and a completed field study described in subsection (a)(2), with respect to such insecticide. (c) Monitoring of Native Bees.--The Secretary of the Interior, in coordination with the Administrator of the Environmental Protection Agency, shall, for purposes of protecting and ensuring the long-term viability of native bees and other pollinators of agricultural crops, horticultural plants, wild plants, and other plants-- (1) regularly monitor the health and population status of native bees, including the status of native bees in agricultural and nonagricultural habitats and areas of ornamental plants, residential areas, and landscaped areas; (2) identify the scope and likely causes of unusual native bee mortality; and (3) beginning not later than 180 days after the date of the enactment of this Act and each year thereafter, submit to Congress, and make available to the public, a report on such health and population status.", "summary": "Saving America's Pollinators Act of 2015 This bill requires the Environmental Protection Agency (EPA) to suspend the registration of members of the nitro group of neonicotinoid insecticides that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use in seed treatment, soil application, or foliar treatment on bee-attractive plants, trees, and cereals until the EPA determines that the insecticides will not cause unreasonable adverse effects on pollinators. The determination must be based on: an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of those neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honeybees, birds, bats, and other species of beneficial insects; and a completed field study that meets the criteria required by the EPA and evaluates residues, chronic low-dose exposure, and cumulative effects of multiple chemical exposures. The EPA may not issue new registrations of the neonicotinoid pesticides for any seed treatment, soil application, and foliar treatment on bee-attractive plants, trees, and cereals under FIFRA until it has made the determination with respect to the insecticide. For purposes of protecting and ensuring the long-term viability of native bees and other pollinators, the Department of the Interior must: (1) regularly monitor the health and population status of native bees, (2) identify the scope and likely causes of unusual native bee mortality, and (3) submit to Congress and make public an annual report on the health and population status of native bees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security in Transit Act'' or the ``SAFER TRANSIT Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Nationwide, Americans rely on 6,800 public transportation systems for their daily commute. Every weekday, public transportation riders take 35,000,000 trips. Public transportation significantly improves quality of life, saving Americans who live in areas served by public transportation systems nearly 865,000,000 hours in travel time annually. (2) Increasingly, public transportation is becoming a target of terrorist activity. (3) In 2004, terrorists simultaneously detonated explosives concealed inside backpacks on Madrid's commuter train system, killing 191 and injuring nearly 2,000. (4) In 2005, four suicide bombers attacked London's public transportation system, killing 52. (5) In 2011, authorities discovered an improvised explosives device near Amtrak and commuter train tracks. The same year, German police found multiple firebombs alongside high speed rail tracks and in tunnels leading into train stations. (6) On March 22, 2016, a coordinated terrorist attack targeted both the Brussels Airport and a metro station in the city killing 32 and injuring nearly 300 travelers. (7) According to the Global Terrorism Database, there were 57 terror attacks on transportation from 2006 to 2014. (8) To ensure the continued effectiveness of public transportation, the Federal Government must balance transit system security and accessibility. (9) The Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53), conferred to the Department of Homeland Security the responsibility for assuring public transportation security. (10) A May 2016 report by the Inspector General of the Department of Homeland Security found that the Transportation Security Administration has limited regulatory oversight of Amtrak's passenger security. (11) A May 2016 report by the Government Accountability Office recommended that the Federal Air Marshal Service undertake a number of measures to ensure resources are allocated according to risk assessments. (12) Congress must provide the agencies and municipalities with the necessary resources to combat terrorism, and continue to conduct oversight of their effective use. SEC. 3. RAIL SECURITY. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Office of Management and Budget, shall submit to Congress a report on the plan of the Secretary to expedite the implementation of the requirements of subtitle B of title XV of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1161 et seq.) to-- (1) assign rail carriers to high-risk tiers; and (2) establish a rail security training program. SEC. 4. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS. (a) Authorization of Appropriations.--Section 1303(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1112) is amended by striking ``fiscal years 2007 through 2011'' and inserting ``fiscal years 2016 through 2020''. (b) Surface Transportation Security Inspectors.--Section 1304(j) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1113) is amended by striking ``this section'' and all that follows and inserting ``this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 5. PUBLIC TRANSPORTATION SECURITY RESEARCH AND DEVELOPMENT. Section 1409(h) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1138) is amended by striking ``to make grants'' and all that follows and inserting ``to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 6. RAILROAD SECURITY. Section 1513(i)(1) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1163) is amended by striking ``Out of funds'' and all that follows and inserting: ``There are authorized to be appropriated to the Secretary to carry out this section such sums as necessary for fiscal years 2016 through 2020.''. SEC. 7. OVER-THE-ROAD BUS SECURITY ASSISTANCE. Section 1532(k)(1) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1182) is amended by striking ``From amounts'' and all that follows and inserting ``There are authorized to be appropriated to the Secretary to carry out this section such sums as necessary for fiscal years 2016 through 2020.''. SEC. 8. PUBLIC TRANSIT SECURITY POLICE TRAINING PROGRAM. (a) In General.--The Secretary of Homeland Security shall develop a program, to be known as the ``Local Transit Security Instructor Training Program'', which shall be carried out at the Federal Law Enforcement Training Centers. (b) Contents.--The program developed under subsection (a) shall be an intensive training program designed to-- (1) cover the comprehensive tactical subject matters pertaining to the unique nature of public transit operational environments and threats; (2) provide high-quality training and instill the knowledge, skills, and aptitudes needed for the highest proficiency in transit security; and (3) leverage the existing skills of trainee officers by emphasizing leadership, teach backs, and adult learning as well as the traditional technical skills needed by field training officers. (c) Availability.--The Secretary shall make such program available to law enforcement agencies that are eligible for the Homeland Security Grant Program under section 2002 of the Homeland Security Act of 2002 (6 U.S.C. 603) and have jurisdiction over a geographic area where a public transit system operates rail or bus service. SEC. 9. EFFECTIVENESS OF FEDERAL AIR MARSHAL PROGRAM. The Secretary of Homeland Security shall take such steps as may be necessary to ensure that the Federal Air Marshal Service (hereinafter in this section referred to as the ``FAMS'') uses its resources to cover the highest-risk flights. In carrying out this section, the Secretary shall-- (1) consider risk when determining how to divide the international flight coverage resources of the FAMS among international destinations, incorporate risk into the method of the FAMS for initially setting its annual target numbers of average daily international and domestic flights; (2) conduct and document a risk assessment to further support the domestic resource allocation decisions of the FAMS, including the identification of high-priority geographic areas; (3) in conducting such risk assessment, evaluate the threat environment with regard to each of the different modes of transportation supported by the FAMS to inform resource allocation decisions, including the identification of high- priority modes of transportation; (4) document the rationale for the selection of international destinations by FAMS for air marshal deployment and the proportion of flights to cover at each destination; (5) adopt a consistent name and definition for the performance measure referred to as the TSA coverage score that accurately reflects its calculation method and composite nature; and (6) report the performance results for each of the subcategories that comprise the TSA coverage score to FAMS and TSA leadership.", "summary": "Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security in Transit Act or the SAFER TRANSIT Act This bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to reauthorize through FY2020 the Visible Intermodal Prevention and Response (VIPR) program and other specified activities related to public transportation security. (Authorization for the VIPR program expired after FY2011.) The Department of Homeland Security must: (1) develop a Local Transit Security Instructor Training Program, and (2) take steps necessary to ensure that the Federal Air Marshal Service uses its resources to cover the highest-risk flights."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy-Efficient Cool Roof Jobs Act''. SEC. 2. DEPRECIATION RECOVERY PERIOD FOR CERTAIN ROOF SYSTEMS. (a) 20-Year Recovery Period.-- (1) In general.--Subparagraph (F) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended to read as follows: ``(F) 20-year property.--The term `20-year property' means-- ``(i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and ``(ii) any qualified energy-efficient cool roof replacement property.''. (2) Qualified energy-efficient cool roof replacement property.--Section 168(e) of such Code is amended by adding at the end the following new paragraph: ``(9) Qualified energy-efficient cool roof replacement property.-- ``(A) In general.--The term `qualified energy- efficient cool roof replacement property' means any roof system-- ``(i) which is placed in service above conditioned or semi-heated space on an eligible commercial building, ``(ii) which has a slope equal to or less than 2:12, ``(iii) which replaces an existing roof system, and ``(iv) which includes-- ``(I) insulation which meets or exceeds the minimum prescriptive requirements in tables A-1 to A-9 in the Normative Appendix A of ASHRAE Standard 189.1-2011, and ``(II) in the case of an eligible commercial building located in a climate zone other than climate zone 6, 7, or 8 (as specified in ASHRAE Standard 189.1-2011), a primary roof covering which has a cool roof surface. ``(B) Cool roof surface.--The term `cool roof surface' means a roof the exterior surface of which-- ``(i) has a 3-year-aged solar reflectance of at least 0.55 and a 3-year-aged thermal emittance of at least 0.75, as determined in accordance with the Cool Roof Rating Council CRRC-1 Product Rating Program, or ``(ii) has a 3-year-aged solar reflectance index (SRI) of at least 64, as determined in accordance with ASTM Standard E1980, determined-- ``(I) using a medium-wind-speed convection coefficient of 12 W/ m<SUP>2</SUP>.K, and ``(II) using the values for 3-year- aged solar reflectance and 3-year-aged thermal emittance determined in accordance with the Cool Roof Rating Council CRRC-1 Product Rating Program. ``(C) Roof system.--The term `roof system' means a system of roof components, including roof insulation and a membrane or primary roof covering, but not including the roof deck, designed to weather-proof and improve the thermal resistance of a building. ``(D) Eligible commercial building.--The term `eligible commercial building' means any building-- ``(i) which is within the scope of ASHRAE Standard 90.1-2010, ``(ii) which is located in the United States, ``(iii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and ``(iv) which was placed in service before the date that is 3 years prior to the date the roof system described in subparagraph (A) is placed in service. ``(E) ASHRAE.--The term `ASHRAE' means the American Society of Heating, Refrigerating and Air-Conditioning Engineers.''. (b) Requirement To Use Straight Line Method.--Paragraph (3) of section 168(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(J) Any qualified energy-efficient cool roof replacement property.''. (c) Alternative System.--The table contained in section 168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``(F)(i)........................................... 25 (F)(ii)........................................... 27.5''. (d) Depreciation Rules for Certain Qualified Energy-Efficient Cool Roof Replacement Property for Purposes of Computing the Earnings and Profits of a Real Estate Investment Trust.-- (1) In general.--Paragraph (3) of section 312(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Treatment of qualified energy-efficient cool roof replacement property.--In the case of any qualified energy-efficient cool roof replacement property (within the meaning of section 168(e)(9)), the adjustment for depreciation to earnings and profits of a real estate investment trust for any taxable year shall be determined under the alternative depreciation method (within the meaning of section 168(g)(2)), except that the recovery period shall be 20 years.''. (2) Conforming amendment.--Subparagraph (A) of section 312(k)(3) of such Code is amended by striking ``subparagraph (B),'' and inserting ``subparagraphs (B) and (C),''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.", "summary": "Energy-Efficient Cool Roof Jobs Act - Amends the Internal Revenue Code to classify any qualified energy-efficient cool roof replacement property as 20-year property for depreciation purposes. Defines \"qualified energy-efficient cool roof replacement property\" as any roof system that: (1) is placed in service above conditioned or semiheated space on an eligible commercial building, (2) has a slope equal to or less than 2:12 (low-slope roof), (3) replaces an existing roof system, and (4) includes insulation meeting specified standards and a primary roof covering that has a cool roof surface. Requires the adjustment for depreciation to the earnings and profits of a real estate investment trust for any taxable year, in the case of such property, to be determined under the alternative depreciation method, except that the recovery period shall be 20 years."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nye County Higher Education Campus Conveyance Act''. SEC. 2. DEFINITIONS. (a) Definitions.--In this Act: (1) Chancellor.--The term ``Chancellor'' means the Chancellor of the University system. (2) County.--The term ``County'' means the County of Nye, Nevada. (3) College.--The term ``College'' means the Nye County Nevada Higher Education Campus in Pahrump Valley, Nevada, a component of the University system. (4) Federal land.--The term ``Federal land'' means the parcel of Bureau of Land Management land identified on the map as the N\\1/2\\ (excluding the NW\\1/4\\NW\\1/4\\) of sec. 2 of T. 21 S., R. 54 E. (5) Map.--The term ``map'' means the map entitled ``Southern Nevada Public Land Management Act'' and dated October 1, 2002. (6) State.--The term ``State'' means the State of Nevada. (7) University system.--The term ``University system'' means the University and Community College System of Nevada. SEC. 3. CONVEYANCE TO THE UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF NEVADA. (a) In General.--Notwithstanding the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and section 1(c) of the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869(c)), not later than 1 year after the date on which a survey defining the official metes and bounds of the Federal land is approved by the Secretary, the Secretary shall convey to the University system without consideration, all right, title, and interest of the United States in and to the Federal land for use as a campus for the College. (b) Conditions.-- (1) In general.--As a condition of the conveyance under subsection (a), the Chancellor shall agree in writing-- (A) to pay any administrative costs associated with the conveyance, including the cost of any environmental, wildlife, cultural, or historical resources studies; (B) to use the Federal land conveyed for educational and recreational purposes; (C) to release and indemnify the United States from any claims or liabilities which may arise from uses that are carried out on the Federal land on or before the date of enactment of this Act by the United States or any person; (D) as soon as practicable after the date of the conveyance under subsection (a), to erect at the College an appropriate and centrally located monument that acknowledges the conveyance of the Federal land by the United States for the purpose of furthering the higher education of citizens in the State; and (E) to assist the Bureau of Land Management in providing information to the students of the College and the citizens of the State on-- (i) public land in the State; and (ii) the role of the Bureau of Land Management in managing, preserving, and protecting the public land. (2) Valid existing rights.--The conveyance under subsection (a) shall be subject to all valid existing rights. (c) Use of Federal Land.-- (1) In general.--The University system may use the land conveyed under subsection (a) for-- (A) any purpose relating to the establishment, operation, growth, and maintenance of the College; and (B) any uses relating to those purposes, including residential and commercial development that would generally be associated with an institution of higher education. (2) Other entities.--The University system may-- (A) consistent with Federal and State law, lease or otherwise provide property or space at the College, with or without consideration, to religious, public interest, community, or other groups for services and events that are of interest to the College, the University system, or any community located in the County; (B) allow the County or any other community in the County to use facilities of the College for educational and recreational programs of the County or community; and (C) in conjunction with the County, plan, finance (including through the provision of cost-share assistance), construct, and operate facilities for the County on the Federal land for educational or recreational purposes consistent with this section. (d) Reversion.--If the Federal land or any portion of the Federal land conveyed under subsection (a) ceases to be used for the College, the Federal land or any portion of the Federal land shall, at the discretion of the Secretary, revert to the United States.", "summary": "Nye County Higher Education Campus Conveyance Act - Requires the conveyance, without consideration, of all right, title, and interest of the United States in and to specified Bureau of Land Management land in the State of Nevada to the University and Community College System of Nevada for use as a campus for the Nye County Nevada Higher Education Campus in Pahrump Valley, Nevada."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Rapid Deployment Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) The December 1999 United Nations ``Report on the Independent Inquiry into the Actions of the United Nations During the 1994 Genocide in Rwanda'' indicates that in April 1994, the United Nations Security Council failed to deploy 5,500 United Nations peacekeepers to Rwanda within two weeks of the initial violence, thereby allowing the conflict to escalate. The six-month estimated cost of the deployment would have been $115,000,000. Instead, the genocide consumed 800,000 lives along with $2,000,000,000 in humanitarian aid. (2) The April 2000 report of the United Nations Secretary General, ``We the Peoples, The Role of the United Nations in the 21st Century'', states that only member nations of the United Nations can fix the structural weakness of United Nations peace operations. The report compares the current system for launching peacekeeping operations to a volunteer fire department that has to find fire engines and the funds to run them before starting to douse any flames. The present United Nations system relies almost entirely on last minute, ad hoc arrangements that guarantee delay, with respect to the provision of civilian personnel even more so than military personnel. Availability and readiness of forces is very unpredictable and constraints on resources preclude rapid deployment. (3) In August 2000, the specially-appointed panel on United Nations Peace Operations issued its findings. Known as the ``Brahimi Report'' (A/55/305; S/2000/809), the report concludes that ``few of the basic building blocks are in place for the United Nations to rapidly acquire and deploy the human and material resources required to mount any complex peace operation in the future''. These building blocks include a standing police corps, a reserve corps of mission leadership, a sufficient stockpile of equipment, and arrangements for recruitment of civilian personnel. Furthermore, the report encourages member nations to enter partnerships with one another in the context of the United Nations Stand-by Arrangements System (UNSAS). These partnerships would form the basis for Rapid Deployment Brigades (RDBs), which would develop the operational capabilities to fully deploy ``traditional'' peacekeeping operations within 30 days of the adoption of an authorizing Security Council resolution and to fully deploy ``complex'' peacekeeping operations within 90 days of the adoption of an authorizing Security Council resolution. (4) Former United States Ambassador Richard C. Holbrooke, speaking before the United Nations Security Council on November 15, 2000, stated that ``[u]nless we move decisively on meaningful peacekeeping reform, those that threaten peacekeepers across the globe may draw the conclusion that the UN lacks the will, the cohesion and even the capability to perform its essential peacekeeping function''. (5) Both the nations of Europe and the United States have recognized the value and need for rapidly deployable combat units in response to a full spectrum of contingencies, including peacekeeping and humanitarian operations, low- intensity conflicts, and full-scale warfare. The European Union has proposed forming a standing police force and rapid deployment brigades as part of the European Defense Force, and in the United States, the Department of Defense is establishing interim brigade combat teams as part of the overall Army transformation strategy. (6) The United States' veto power in the United Nations Security Council gives it the capacity to halt the deployment of United Nations forces if the deployment is not in the national interests of the United States. SEC. 3. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY FORCE. (a) Establishment.--The President shall direct the United States representative to the United Nations to use the voice, vote, and influence of the United States to urge the United Nations-- (1) to establish a United Nations Rapid Deployment Police and Security Force (UNRDPSF) that-- (A) is rapidly deployable under the authority of the United Nations Security Council; (B) should be able to deploy within 15 days of a United Nations Security Council resolution to establish international peace operations; (C) is limited to a maximum deployment of six months for any given mission; (D) should be deployed only when the United Nations Security Council determines that violations of human rights, breaches of the peace, or the failure to restore the rule of law, requires rapid response to ensure adherence to negotiated agreements to prevent or end hostilities; (E) should be composed of at least 6,000 volunteers who train together and are appropriately equipped expressly for international peace operations, including civilian policing; and (F) should be given the authority to protect itself, execute negotiated peace accords, disarm combatants, protect civilians, detain war criminals, restore the rule of law, and to carry out other purposes as detailed in United Nations Security Council resolutions; (2) to recruit personnel to serve in the Force; and (3) to provide equitable and reliable funding for the Force. (b) Definition.--In this section, the term ``international peace operations'' means any operation carried out under a United Nations Security Council resolution. SEC. 4. ESTABLISHMENT OF RAPID DEPLOYMENT BRIGADES. In order to promote the development of human and material resources for United Nations peacekeeping operations as recommended by the August 2000 Report of the Panel on United Nations Peace Operations (A/55/305; S/2000/809), commonly known as the ``Brahimi Report'', the President-- (1) shall direct the Secretary of State and the United States representative to the United Nations to encourage the member nations of the United Nations to enter into partnerships with one another, in the context of the United Nations Stand-by Arrangements System (UNSAS), to form the basis for Rapid Deployment Brigades, which would develop the operational capabilities to fully deploy ``traditional'' peacekeeping operations within 30 days of the adoption of a Security Council resolution and ``complex'' peacekeeping operations within 90 days of the adoption of a Security Council resolution; and (2) shall direct the Secretary of Defense to undertake a study, not later than six months after the date of the enactment of this Act, to determine the advisability of and the feasibility of using interim combat brigade teams as part of Rapid Deployment Brigades as described in paragraph (1). SEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT. Not later than one year after the date of enactment of this Act, the President shall prepare and transmit to the Congress a report on-- (1) the status of negotiations to establish a United Nations Rapid Deployment Police and Security Force (UNRDPSF) in accordance with section 3; (2) the status of United States activities to encourage member nations of the United Nations to establish Rapid Deployment Brigades in accordance with section 4(1); and (3) the results of the study conducted under section 4(2).", "summary": "United Nations Rapid Deployment Act of 2001 - Requires the President to direct the U.S. representative to the United Nations (UN) to use the voice, vote, and influence of the United States to urge the UN to: (1) establish a United Nations Rapid Deployment Police and Security Force (UNRDPSF) that is rapidly deployable under the authority of the UN Security Council, and that meets other specified requirements; (2) recruit UNRDPSF personnel; and (3) provide equitable and reliable funding.Requires the President, in order to promote the development of human and material resources for UN peacekeeping operations as recommended by the August 2000 Report of the Panel on UN Peace Operations (Brahimi Report), to: (1) direct the Secretary of State and the U.S. representative to the UN to encourage UN member nations to enter into partnerships with one another to form Rapid Deployment Brigades which could develop operational capabilities to fully deploy peacekeeping operations within a specified time; and (2) direct the Secretary of Defense to study the advisability of and feasibility of using interim combat brigade teams as part of the Rapid Deployment Brigades."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Marriage from the Courts Act of 2015''. SEC. 2. LEGISLATIVE FINDINGS. The Senate makes the following findings: (1) In Baker v. Nelson, 409 U.S. 810 (1972), the Supreme Court of the United States upheld a State law defining marriage as the union of one man and one woman against a constitutional challenge by a same-sex couple seeking to marry. The Court rejected the challenge in a one-sentence order that read, ``The appeal is dismissed for want of a substantial federal question.''. (2) The Supreme Court's judgment in Baker is as sound today as it was then. Challenging a State marriage law on the basis that it does not extend to same-sex couples raises no substantial Federal question because nothing in the text or history of the 14th Amendment to the Constitution of the United States even arguably indicates a general public understanding at the time of ratification that the ratifiers had adopted a constitutional principle that invalidated State laws defining marriage as a male-female union. (3) It follows that the power to decide whether to extend the legal status and benefits of marriage to same-sex couples does not belong to the courts, but rests instead with the people through their elected State representatives, unless their State constitutions provide otherwise. The Constitution of the United States leaves it to the people of each State to decide for themselves through their democratic processes how to redefine the legal meaning of marriage for purposes of their respective State laws. (4) Numerous Federal courts, including the United States Courts of Appeals for the Fourth, Seventh, Ninth, and Tenth Circuits, have nevertheless invalidated State marriage laws that do not allow the licensing of same-sex marriages. In so doing, these courts have exceeded their authority under the Constitution and have usurped the people's exclusive authority to decide this issue. Pending before the Supreme Court are 4 related cases challenging the marriage laws in Kentucky, Michigan, Ohio, and Tennessee. (5) The purpose of this Act (including the amendment made by this Act) is to maintain the authority of the States to define marriage and to prevent, consistent with the Constitution, any further unlawful action by Federal courts until such time as an amendment to the Constitution is enacted unequivocally guaranteeing that the States have the power to define marriage as limited to the union of one man and one woman. (6) This Act prevents that unlawful action by eliminating the jurisdiction of all courts created by Federal law, as well as the appellate jurisdiction of the Supreme Court, to adjudicate claims pertaining to the constitutionality of State marriage laws. Because section 1 of article III of the Constitution gives Congress the power to ``ordain and establish'' ``inferior Courts'', the Supreme Court has long held that Congress has the power to limit the jurisdiction of the lower Federal courts. See Palmore v. United States, 411 U.S. 389, 400-01 (1973). In addition, section 2 of article III of the Constitution gives Congress the power to make ``Exceptions'' to the appellate jurisdiction of the Supreme Court. The Supreme Court itself has acknowledged that this power applies even to cases that are pending before the Court. See Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514 (1869). (7) Finally, this Act makes clear that a court's judgment only applies to the parties before the court and that nonparties have no legal obligation to comply with the decision until so ordered by a court. SEC. 3. LIMITATION OF JURISDICTION. (a) In General.--Chapter 99 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1632. Limitations on Federal jurisdiction ``(a) No court created by Federal law shall have jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to adjudicate or enforce any claim pertaining to the validity, under the Constitution of the United States, of a State law, or State administrative or judicial decision, that-- ``(1) defines marriage as limited to the union of one man and one woman; or ``(2) refuses State recognition of or allows the State to refuse recognition of same-sex marriages performed and licensed in other States. ``(b) To the extent that either a court created by Federal law or the Supreme Court has entered a final judgment on a claim described in subsection (a) before the effective date of this section, that judgment binds only the parties to the case. No person who is not a party to the case shall have any obligation to comply with the decision in the case.''. (b) Severability.--If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected. (c) Effective Date and Application.-- (1) Effective date.--This Act (including the amendment made by this Act) takes effect on the date of enactment of this Act. (2) Application.--This Act applies to all claims pending on or after that date of enactment. (d) Amendments to the Table of Sections.--The table of sections for chapter 99 of title 28, United States Code, is amended by adding at the end the following: ``1632. Limitations on Federal jurisdiction.''.", "summary": "Protect Marriage from the Courts Act of 2015 Prohibits federal courts from having jurisdiction to adjudicate or enforce any claim pertaining to the validity, under the U.S. Constitution, of a state law or a state administrative or judicial decision that: (1) defines marriage as limited to the union of one man and one woman, or (2) refuses state recognition of, or allows the state to refuse recognition of, same-sex marriages performed and licensed in other states. Allows final judgments entered by federal courts before the enactment of this Act to remain binding on the parties to the case, but persons who are not a party to such a case are not obligated to comply with such decisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Benefits for Seniors Act of 2000''. SEC. 2. REPEAL OF 1993 INCREASE IN TAX ON SOCIAL SECURITY BENEFITS. (a) In General.--Paragraph (2) of section 86(a) of the Internal Revenue Code of 1986 (relating to social security and tier 1 railroad retirement benefits) is amended by adding at the end the following new sentence: ``This paragraph shall not apply to any taxable year beginning after December 31, 2000.'' (b) Conforming Amendments.-- (1) Paragraph (3) of section 871(a) of such Code is amended by striking ``85 percent'' in subparagraph (A) and inserting ``50 percent''. (2)(A) Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 (Public Law 98-21) is amended-- (i) by striking ``(A) There'' and inserting ``There''; (ii) by striking ``(i)'' immediately following ``amounts equivalent to''; and (iii) by striking ``, less (ii)'' and all that follows and inserting a period. (B) Paragraph (1) of section 121(e) of such Act is amended by striking subparagraph (B). (C) Paragraph (3) of section 121(e) of such Act is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (D) Paragraph (2) of section 121(e) of such Act is amended in the first sentence by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. IMPROVEMENT OF CONSUMER PRICE INDEX FOR THE ELDERLY BY CONGRESSIONALLY APPOINTED REVIEW COMMITTEE. (a) Establishment of Consumer Price Index Review Committee.-- (1) Establishment.--There is established a review committee to be known as the Consumer Price Index Review Committee (in this section referred to as the ``Committee''). (2) Membership.--The Committee shall be composed of 15 members jointly appointed by the leadership of the Senate and the House of Representatives of whom-- (A) 11 shall be leading experts in the field of economics and, to the extent feasible, familiar with the issues related to the calculation of changes in the cost of living; and (B) 4 shall be representatives of individuals who have attained age 65. (3) Terms and vacancies.-- (A) Terms.--A member of the Committee appointed under paragraph (2) shall be appointed for the duration of the Committee. (B) Vacancies.-- (i) In general.--A vacancy on the Committee shall be filled in the same manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (ii) Filling unexpired term.--An individual chosen to fill a vacancy shall be appointed for the duration of the Committee. (4) Initial meeting.--Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold its first meeting. (5) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (6) Chairperson and vice chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members appointed under paragraph (2). (b) Duties.-- (1) Study and development of implementation plan.-- (A) In general.--The Committee shall conduct a study-- (i) to improve the method for determining an index, to be known as the ``Consumer Price Index for the Elderly''; (ii) to make recommendations addressing the limitations of the method for determining the Experimental Consumer Price Index for the Elderly calculated by the Bureau of Labor Statistics to ensure that the improved index accurately measures changes over time in expenditures for consumption that are typical for retirees in the United States who receive old-age and survivors insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.); and (iii) to develop an implementation plan. (B) Study requirements.--The study described in subparagraph (A) shall include the following requirements: (i) The Consumer Price Index for the Elderly shall be based on an accurate market basket of goods and services that reflect a representative collection of typical purchases by the total retiree population in the United States who receive old-age and survivors insurance benefits under title II of such Act. (ii) The Consumer Expenditure Survey used by the Bureau of Labor Statistics to calculate the Experimental Consumer Price Index for the Elderly shall be re-designed and expanded to collect expenditure patterns representative of such total retiree population. (iii) The areas and outlets priced by the Bureau of Labor Statistics to calculate the Experimental Consumer Price Index for the Elderly shall be modified to reflect a representation of the places of purchase for such total retiree population. (iv) The categories of items to be priced shall be selected to represent such total retiree population. (v) The prices collected shall adequately reflect the availability of discount prices for such total retiree population. (vi) Any other limitations otherwise found to affect the accuracy of the Consumer Price Index for the Elderly shall be removed. (C) Additional study.--The Committee shall also study the method for determining an accurate consumer price index for individuals who receive disability insurance benefits under title II of such Act. (2) Report.-- (A) In general.--Subject to subparagraph (B), not later than 1 year after the initial meeting of the Committee under subsection (a)(4), the Committee shall submit a report to Congress on the study conducted in accordance with paragraph (1). (B) Required approval.--The Committee shall not submit a report under subparagraph (A) unless the report has the approval of at least 9 members of the Committee. (c) Powers.-- (1) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out the purposes of this section. (2) Information from federal agencies.--The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out this section, including the published and unpublished data and analytical products of the Bureau of Labor Statistics. Upon request of the Chairperson of the Committee, the head of such department or agency shall furnish such information to the Committee in a timely manner. (3) Postal services.--The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. (d) Personnel Matters.-- (1) Compensation of members.--Each member of the Committee who is not otherwise an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Committee. All members of the Committee who otherwise are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. (3) Staff.-- (A) In general.--The Chairperson of the Committee may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform its duties. The employment of an executive director shall be subject to confirmation by the Committee. (B) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level IV of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Committee without additional reimbursement (other than the employee's regular compensation), and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination.--The Committee shall terminate 1 year after the date of the initial meeting of the Committee under subsection (a)(4). (f) Authorization of Appropriations.--There are authorized to be appropriated to the Committee such sums as are necessary to carry out the purposes of this section. SEC. 4. BUREAU OF LABOR STATISTICS PILOT PROGRAM TO TEST CONSUMER PRICE INDEX FOR THE ELDERLY. (a) Pilot Program.--The Commissioner of the Bureau of Labor Statistics shall establish a pilot program to test the accuracy of an operational index to be recommended by the Consumer Price Index Review Committee under section 3 and to be known as the ``Consumer Price Index for the Elderly'', which indicates changes over time in expenditures for consumption which are typical for retirees in the United States who receive old-age and survivors insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.). (b) Duration of Pilot Program.--The pilot program shall commence with the first month that begins after the date of the submission of the report under section 3(b)(2) and shall continue through December 2003. SEC. 5. INTERIM APPLICATION OF CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS. For cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B)) occurring during the period that begins on January 1, 2001, and ends with the implementation of the Official Consumer Price Index for the Elderly under section 6(b), the Commissioner of Social Security, notwithstanding section 215(i) of the Social Security Act (42 U.S.C. 415(i)) and any regulations promulgated thereunder, shall use the Consumer Price Index for All Urban Consumers to calculate cost-of- living adjustments for benefits described in section 6(b)(1). SEC. 6. APPLICATION OF CONSUMER PRICE INDEX FOR THE ELDERLY. (a) Implementation.-- (1) Commissioner of bureau of labor statistics.-- (A) In general.--Subject to subparagraph (B), not later than the fourth year that begins after the Consumer Price Index Review Committee submits the report required under section 3(b)(2), the Commissioner of the Bureau of Labor Statistics shall prepare and publish monthly the Official Consumer Price Index for the Elderly based on the implementation plan and recommendations included in that report. (B) No implementation if congressional disapproval of committee report.--Subparagraph (A) shall not apply if a joint resolution is enacted, in accordance with paragraph (2), disapproving the report submitted by the Consumer Price Index Review Committee before the end of the 90-day period that begins on the date on which the Review Committee submits the report. (C) Exclusion of certain days.--For purposes of subparagraph (B) and paragraph (2), the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded from the computation of the period. (2) Congressional consideration.-- (A) Terms of the resolution.--For purposes of paragraph (1)(A), the term ``joint resolution'' means only a joint resolution that is introduced within the period described in that paragraph and-- (i) that does not have a preamble; (ii) the matter after the resolving clause of which is as follows: ``That Congress disapproves the report of the Consumer Price Index Review Committee regarding the implementation of the Consumer Price Index for the Elderly submitted on ________.'', the blank space being filled in with the appropriate date; and (iii) the title of which is as follows: ``Joint resolution disapproving the report of the Consumer Price Index Review Committee regarding the implementation of the Consumer Price Index for the Elderly.''. (B) Referral.--A resolution described in subparagraph (A) that is introduced-- (i) in the House of Representatives, shall be referred to the Committee on Ways and Means; and (ii) in the Senate, shall be referred to the Committee on Finance. (C) Discharge.--If a committee to which a resolution described in subparagraph (A) is referred has not reported such resolution by the end of the 60- day period beginning on the date on which the Consumer Price Index Review Committee submits the report required under section 3(b)(2), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (D) Consideration.--On or after the third day after the date on which the committee to which a resolution described in subparagraph (A) has reported, or has been discharged from further consideration of such resolution, such resolution shall be considered in the same manner as a resolution is considered under subsections (d), (e), and (f) of section 2908 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note). (b) Use of Index.--For cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) beginning on or after January 1 of the calendar year that begins after the Commissioner of the Bureau of Labor Statistics first prepares and publishes the Official Consumer Price Index for the Elderly in accordance with subsection (a)(1), the Commissioner of Social Security shall-- (1) cease using the Consumer Price Index for All Urban Consumers to calculate cost-of-living adjustments for old-age and survivors insurance benefits payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) to any retiree or individual who has attained age 62; and (2) notwithstanding section 215(i) of the Social Security Act (42 U.S.C. 415(i)) and any regulations promulgated thereunder, use the Official Consumer Price Index for the Elderly to calculate such adjustments. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Bureau of Labor Statistics such sums as are necessary to carry out the purposes of this section.", "summary": "Establishes the Consumer Price Index Review Committee to study and report to Congress on: (1) improved, more accurate methods for determining a Consumer Price Index for the Elderly to ensure that the improved index accurately measures changes in expenditures for consumption typical for retirees who receive Old-Age and Survivors Insurance benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA), as well as an index implementation plan; and (2) an accurate consumer price index for individuals who receive SSA title II disability insurance benefits. Authorizes appropriations. Directs the Commissioner of the Bureau of Labor Statistics to establish a pilot program to test the accuracy of an operational Consumer Price Index for the Elderly, which indicates changes in such consumption expenditures. Provides for implementation of the Consumer Price Index for the Elderly. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Food-borne Illness Surveillance and Response Act of 2008''. SEC. 2. ENHANCED FOOD-BORNE ILLNESS SURVEILLANCE. (a) In General.-- (1) Authority.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall strengthen and expand food-borne illness surveillance systems to-- (A) inform and evaluate efforts to prevent food- borne illness; and (B) enhance the identification and investigation of, and response to, food-borne illness outbreaks. (2) Food-borne illness outbreak.--For purposes of this section, the term ``food-borne illness outbreak'' means the occurrence of 2 or more cases of a similar illness resulting from the ingestion of a common food. (b) Food-Borne Illness Surveillance Systems.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall enhance food-borne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on food-borne illnesses by-- (1) coordinating food-borne illness surveillance systems, including complaint systems, in order to-- (A) produce better information on illnesses associated with foods, including sources and risk factors for infections by emerging pathogens; and (B) facilitate sharing of data acquisition and findings on a more timely basis among governmental agencies, including the Food and Drug Administration, the Food Safety and Inspection Service, and State and local agencies, and with the public; (2) augmenting such systems to improve attribution of a food-borne illness outbreak to a specific food; (3) developing improved epidemiological tools for obtaining quality exposure data, microbiological methods for classifying cases and detecting clusters, and improved tracebacks to rapidly and specifically identify contaminated food products; (4) expanding capacity of such systems for implementation of fingerprinting strategies for food-borne infectious agents, including parasites and hepatitis A, in order to increase pathogen discovery efforts to identify new or rarely documented causes of food-borne illness; (5) allowing timely public access to de-identified, aggregate surveillance data; (6) at least annually, publishing current reports on findings from such systems; (7) exploring establishment of registries for long-term case follow-up to better characterize late complications of food-borne illness; (8) increasing participation in national networks of public health and food regulatory agencies and laboratories to-- (A) allow public health officials at the Federal, State, and local levels to share and accept laboratory analytic findings; and (B) identify food-borne illness outbreaks and attribute such outbreaks to specific foods through submission of standardized molecular subtypes (also known as ``fingerprints'') of food-borne illness pathogens to a centralized database; and (9) establishing a flexible mechanism for rapidly supporting scientific research by academic centers of excellence, which may include staff representing academic clinical researchers, food microbiologists, animal and plant disease specialists, ecologists, and other allied disciplines. (c) Improving State Surveillance Capacity.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Commissioner of Food and Drugs, shall improve capacity for surveillance in the States by-- (1) supporting outbreak investigations with needed specialty expertise, including epidemiological, microbiological, and environmental expertise, to assist identification of underlying common sources and contributing factors; (2) identifying, disseminating, and supporting implementation of model practices at the State and local level for-- (A) facilitating rapid shipment of clinical isolates from clinical laboratories to State public health laboratories to avoid delays in testing; (B) conducting rapid and more standardized interviewing of cases associated with major enteric pathogens, including prior to designation of clusters as food-borne illness outbreaks; (C) conducting and evaluating rapid and standardized interviews of healthy control persons; (D) sharing information on a timely basis-- (i) within public health and food regulatory agencies; (ii) among such agencies; (iii) with the food industry; (iv) with healthcare providers; and (v) with the public; (3) developing, regularly updating, and disseminating training curricula on food-borne illness surveillance investigations, including standard sampling methods and laboratory procedures; (4) integrating new molecular diagnostic tools for parasites into web-based consultation services for parasitic infections to accelerate the identification of these food-borne infectious agents; (5) supporting research to develop and deploy new subtyping methods for salmonella, E. coli, campylobacter, and other pathogens, to increase the speed and accuracy of diagnoses; (6) determining minimum core competencies for public health laboratories, and developing self-evaluation and proficiency- testing tools for such laboratories; (7) facilitating regional public health laboratory partnerships to leverage resources, including equipment and physical space, and increase surge capacity; (8) providing technical assistance, which may include the detailing of officers and employees of the Secretary, to State and local public health and food regulatory agencies; (9) partnering with the Food and Drug Administration to increase communication, coordination, and integration of food- borne illness surveillance and outbreak investigation activities; and (10) developing and periodically updating response and interview procedures so that such procedures are standardized and tested. (d) Program Activities.--The Secretary shall carry out activities to support core food safety functions of State and local public health laboratories, including-- (1) establishing fellowships, stipends, and scholarships to address critical workforce shortages; (2) training and coordination of State and local personnel; (3) establishing partnerships between private and public laboratories to facilitate sharing of positive enteric specimens and improve surge capacity; (4) strengthening capacity to participate in existing or new food-borne illness surveillance systems; and (5) the purchase and maintenance of data systems hardware and software and laboratory equipment. (e) Partnerships.--Not later than 180 days after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, the Secretary shall establish a diverse working group of experts and stakeholders from Federal, State, and local food safety and health agencies, the food industry, consumer organizations, and academia. Such working group shall provide the Secretary, through at least annual meetings of the working group and an annual public report, advice and recommendations on an ongoing and regular basis regarding the improvement of food-borne illness surveillance and implementation of this section, including advice and recommendations on-- (1) the priority needs of regulatory agencies, the food industry, and consumers for information and analysis on food- borne illness and its causes that can be used to prevent food- borne illness; (2) opportunities to improve the effectiveness of initiatives at the Federal, State, and local levels, including coordination and integration of activities among Federal agencies, and between the Federal, State, and local levels of government; (3) improvement in the timeliness and depth of access by regulatory and health agencies, the food industry, academic researchers, and consumers to food-borne illness surveillance data collected by government agencies at all levels, including data compiled by the Centers for Disease Control and Prevention; (4) key barriers to improvement in food-borne illness surveillance and its utility for preventing food-borne illness at Federal, State, and local levels; and (5) specific actions to reduce barriers to improvement, implement the working group's recommendations, and achieve the purposes of this section, with measurable objectives and timelines, and identification of resource and staffing needs. SEC. 3. LEVERAGING AND ENHANCING STATE AND LOCAL ROLES. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART S--PROGRAMS RELATING TO FOOD ``SEC. 399JJ. PLAN TO IMPROVE FOOD SAFETY CAPACITY AT THE STATE AND LOCAL LEVEL. ``(a) Goals.--The Secretary shall leverage and enhance the food safety capacity and roles of State and local agencies and integrate State and local agencies as fully as possible into national food safety efforts, in order to achieve the following goals: ``(1) Improve food-borne illness outbreak response and containment. ``(2) Improve the contribution of food-borne illness surveillance and investigation to the prevention of food-borne illness. ``(3) Strengthen oversight of food safety at the retail level. ``(4) Strengthen the capacity of State and local agencies to carry out inspections and enforce safety standards in food processing establishments, as part of a national strategy and plan to provide an adequate level of inspection and achieve compliance with safety standards in such establishments. ``(5) Make more effective use of the Nation's combined food safety resources to reduce the burden of food-borne illness. ``(b) Survey.--In preparation for development of the plan required by subsection (c), the Secretary shall, not later than 1 year after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, complete a survey of State and local capacities, and needs for enhancement, with respect to-- ``(1) staffing levels and expertise available to perform food safety functions; ``(2) laboratory capacity to support surveillance, outbreak response, inspection, and enforcement activities; ``(3) information systems to support data management and sharing of food safety information among State and local agencies and with counterparts at the Federal level; ``(4) legal authorities of State and local agencies to support the roles of such agencies in a national food safety system; and ``(5) organizational arrangements for managing and coordinating food safety activities. ``(c) Plan.--Taking into account the goals established in subsection (a), results from the survey required in subsection (b), and consultations with State and local agencies and other food safety stakeholders, the Secretary shall, not later than 2 years after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, develop, publish, and begin implementation of a plan that includes the following elements: ``(1) Criteria for assessing the adequacy of State and local capacity to perform food safety functions as part of a national food safety system. ``(2) Priorities for enhancing the capacity of State and local agencies. ``(3) Action plans for meeting the highest priority capacity needs, including budget requirements and financing plans that take into account Federal, State, and local resources. ``(4) Improved coordination and information flow among Federal, State, and local agencies to strengthen food-borne illness surveillance, outbreak response, and investigation and to ensure that agencies at all levels have the information on origins and causes of food-borne illness that such agencies need to plan preventive measures. ``(5) Integration of the inspection and compliance programs in food processing establishments of the Food and Drug Administration and State and local agencies, including-- ``(A) joint planning and priority setting to ensure that the collective effort has the greatest possible impact on achieving compliance with food safety standards and reducing food-borne illness; ``(B) elimination of barriers to the free flow of information among the Food and Drug Administration and State and local agencies with respect to inspection and compliance programs and integration of State and Federal inspection and laboratory data systems; ``(C) steps to expand, and ensure the vigor and consistency of, State inspection of processing establishments under contract to the Food and Drug Administration; and ``(D) reliance by the Food and Drug Administration on State inspection and food sample analyses in Federal enforcement activities. ``(d) Food Safety Capacity Building Grants.-- ``(1) In general.--The Secretary shall make grants to State and local agencies to enhance State and local food safety capacity and programs and support achievement of the goals established in subsection (a). In awarding such grants, the Secretary shall take into account the criteria and priorities established by the Secretary under subsection (c). ``(2) Funding.--There are authorized to be appropriated to carry out paragraph (1), $25,000,000 for each of the fiscal years 2010, 2011, and 2012. ``(e) Report to Congress.--Not later than 1 year after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, and on an annual basis thereafter, the Secretary shall submit to Congress a report that describes-- ``(1) progress made in implementing this section, including any obstacles to such implementation; and ``(2) any legislative recommendations or additional resources needed for full implementation.''.", "summary": "Improving Food-borne Illness Surveillance and Response Act of 2008 - Requires the Secretary of Health and Human Services to strengthen and expand foodborne illness surveillance systems to: (1) inform and evaluate efforts to prevent foodborne illness; and (2) enhance the identification and investigation of, and response to, foodborne illness outbreaks. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses. Requires the Secretary, acting through the Director and the Commissioner of Food and Drugs, to improve capacity for surveillance in states, including by: (1) supporting outbreak investigations with needed specialty expertise; (2) supporting model practices in states; and (3) developing training curricula on foodborne illness surveillance investigations. Directs the Secretary to: (1) carry out activities to support core food safety functions of state and local public health laboratories; and (2) establish a working group to advise the Secretary regarding the improvement of foodborne illness surveillance and implementation of this Act. Amends the Public Health Service Act to require the Secretary to: (1) leverage and enhance the food safety capacity and roles of state and local agencies; (2) survey state and local capacities and enhancement needs; (3) develop a plan addressing food safety functions at state and local levels; and (4) make grants to state and local agencies to enhance food safety capacity and programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Working Americans Act of 2004''. SEC. 2. INCREASE IN REFUNDABILITY OF THE CHILD TAX CREDIT. (a) Acceleration of Refundability.--Clause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 (relating to portion of credit refundable) is amended by striking ``(10 percent in the case of taxable years beginning before January 1, 2005)''. (b) Earned Income Includes Combat Pay.--Paragraph (1) of section 24(d) of such Code is amended by adding at the end the following new sentence: ``For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Certain corporations treated as domestic.-- ``(i) In general.--The acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. ``(ii) Corporate expatriation transaction.--For purposes of this subparagraph, the term `corporate expatriation transaction' means any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. ``(iii) Lower stock ownership requirement in certain cases.--Subclause (II) of clause (ii) shall be applied by substituting `50 percent' for `80 percent' with respect to any nominally foreign corporation if-- ``(I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and ``(II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(iv) Partnership transactions.--The term `corporate expatriation transaction' includes any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnerships (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and ``(III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). ``(v) Special rules.--For purposes of this subparagraph-- ``(I) a series of related transactions shall be treated as 1 transaction, and ``(II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(vi) Other definitions.--For purposes of this subparagraph-- ``(I) Nominally foreign corporation.--The term `nominally foreign corporation' means any corporation which would (but for this subparagraph) be treated as a foreign corporation. ``(II) Expanded affiliated group.-- The term `expanded affiliated group' means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)). ``(III) Related foreign partnership.--A foreign partnership is related to a domestic partnership if they are under common control (within the meaning of section 482), or they shared the same trademark or tradename.'' (b) Effective Dates.-- (1) In general.--The amendment made by this section shall apply to corporate expatriation transactions completed after September 11, 2001. (2) Special rule.--The amendment made by this section shall also apply to corporate expatriation transactions completed on or before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2003.", "summary": "Fairness for Working Americans Act of 2004 - Amends the Internal Revenue Code to: (1) eliminate the reduction in the percentage of earned income for calculating the refundable portion of the child tax credit (15 to ten percent) for taxable years beginning before 2005; (2) include in earned income for purposes of calculating the refundable portion of the credit otherwise tax excludable combat zone compensation of members of the armed services; and (3) set forth rules for the tax treatment of certain foreign corporations engaging in tax avoidance activities as U.S. domestic corporations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonproliferation Assistance Coordination Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) United States nonproliferation efforts in the independent states of the former Soviet Union have achieved important results in ensuring that weapons of mass destruction, weapons-usable material and technology, and weapons-related knowledge remain beyond the reach of terrorists and weapons- proliferating states; (2) although these efforts are in the United States national security interest, the effectiveness of these efforts suffers from a lack of coordination within and among United States Government agencies; (3) increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union, specifically, spending and investment by the United States private sector in job creation initiatives and proposals for unemployed Russian weapons scientists and technicians, is making an important contribution in ensuring that knowledge related to weapons of mass destruction remains beyond the reach of terrorists and weapons- proliferating states; and (4) increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union requires the establishment of a coordinating body to ensure that United States public and private efforts are not in conflict, and to ensure that public spending on efforts by the independent states of the former Soviet Union is maximized to ensure efficiency and further United States national security interests. SEC. 3. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED. In this Act, the term ``independent states of the former Soviet Union'' has the meaning given the term in section 3 of the FREEDOM Support Act (22 U.S.C. 5801). SEC. 4. ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION ASSISTANCE TO THE INDEPENDENT STATES OF THE FORMER SOVIET UNION. (a) Establishment.--There is established within the executive branch of the Government an interagency committee known as the ``Committee on Nonproliferation Assistance to the Independent States of the Former Soviet Union'' (in this Act referred to as the ``Committee''). (b) Membership.-- (1) In general.--The Committee shall be composed of five members, as follows: (A) A representative of the Department of State designated by the Secretary of State. (B) A representative of the Department of Energy designated by the Secretary of Energy. (C) A representative of the Department of Defense designated by the Secretary of Defense. (D) A representative of the Department of Commerce designated by the Secretary of Commerce. (E) A representative of the Assistant to the President for National Security Affairs designated by the Assistant to the President. (2) Level of representation.--The Secretary of a department named in subparagraph (A), (B), (C), or (D) of paragraph (1) shall designate as the department's representative an official of that department who is not below the level of an Assistant Secretary of the department. (b) Chair.--The representative of the Assistant to the President for National Security Affairs shall serve as Chair of the Committee. The Chair may invite the head of any other department or agency of the United States to designate a representative of that department or agency to participate from time to time in the activities of the Committee. SEC. 5. DUTIES OF COMMITTEE. (a) In General.--The Committee shall have primary continuing responsibility within the executive branch of the Government for-- (1) monitoring United States nonproliferation efforts in the independent states of the former Soviet Union; and (2) coordinating the implementation of United States policy with respect to such efforts. (b) Duties Specified.--In carrying out the responsibilities described in subsection (a), the Committee shall-- (1) arrange for the preparation of analyses on the issues and problems relating to coordination within and among United States departments and agencies on nonproliferation efforts of the independent states of the former Soviet Union; (2) arrange for the preparation of analyses on the issues and problems relating to coordination between the United States public and private sectors on nonproliferation efforts in the independent states of the former Soviet Union, including coordination between public and private spending on nonproliferation programs of the independent states of the former Soviet Union and coordination between public spending and private investment in defense conversion activities of the independent states of the former Soviet Union; (3) provide guidance on arrangements that will coordinate, de-conflict, and maximize the utility of United States public spending on nonproliferation programs of the independent states of the former Soviet Union to ensure efficiency and further United States national security interests; (4) encourage companies and nongovernmental organizations involved in nonproliferation efforts of the independent states of the former Soviet Union to voluntarily report these efforts to the Committee; (5)(A) arrange for the preparation of analyses on the issues and problems relating to the coordination between the United States and other countries with respect to nonproliferation efforts in the independent states of the former Soviet Union; and (B) provide guidance and arrangements that will coordinate, de-conflict, and maximize the utility of United States public spending on nonproliferation programs of the independent states of the former Soviet Union to ensure efficiency and further United States national security interests; and (6) consider, and make recommendations to the President and Congress with respect to, proposals for new legislation or regulations relating to United States nonproliferation efforts in the independent states of the former Soviet Union as may be necessary. SEC. 6. ADMINISTRATIVE SUPPORT. All United States departments and agencies shall provide, to the extent permitted by law, such information and assistance as may be requested by the Committee or the Secretary of State in carrying out their functions and activities under this Act. SEC. 7. CONFIDENTIALITY OF INFORMATION. Information which has been submitted or received in confidence shall not be publicly disclosed, except to the extent required by law, and such information shall be used by the Committee only for the purpose of carrying out the functions and activities set forth in this Act. SEC. 8. STATUTORY CONSTRUCTION. Nothing in this Act-- (1) applies to the data-gathering, regulatory, or enforcement authority of any existing United States department or agency over nonproliferation efforts in the independent states of the former Soviet Union, and the review of those efforts undertaken by the Committee shall not in any way supersede or prejudice any other process provided by law; or (2) applies to any activity that is reportable pursuant to title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).", "summary": "Nonproliferation Assistance Coordination Act of 2001 - Establishes within the executive branch the Committee on Nonproliferation Assistance to the Independent States of the Former Soviet Union, which shall monitor and coordinate U.S. nonproliferation efforts in the independent states of the former Soviet Union."}
{"article": "SECTION 1. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Table of contents. TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS Sec. 101. Payments for educational services. Sec. 102. Authorization for park facilities to be located outside the boundaries of Yosemite National Park. TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT Sec. 201. Short title. Sec. 202. Golden Gate National Recreation Area, California. TITLE III--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT Sec. 301. Short title. Sec. 302. Redwood National Park boundary adjustment. TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES. (a) In General.--(1) For fiscal years 2006 through 2009, the Secretary of the Interior may provide funds to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in the State of California for educational services to students-- (A) who are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park; or (B) who live within or near the park upon real property owned by the United States. (2) The Secretary's authority to make payments under this section shall terminate if the State of California or local education agencies do not continue to provide funding to the schools referred to in subsection (a) at per student levels that are no less than the amount provided in fiscal year 2005. (b) Limitation on Use of Funds.--Payments made under this section shall only be used to pay public employees for educational services provided in accordance with subsection (a). Payments may not be used for construction, construction contracts, or major capital improvements. (c) Limitation on Amount of Funds.--Payments made under this section shall not exceed the lesser of-- (1) $400,000 in any fiscal year; or (2) the amount necessary to provide students described in subsection (a) with educational services that are normally provided and generally available to students who attend public schools elsewhere in the State of California. (d) Source of Payments.--(1) Except as otherwise provided in this subsection, the Secretary may use funds available to the National Park Service from appropriations, donations, or fees. (2) Funds from the following sources shall not be used to make payments under this section: (A) Any law authorizing the collection or expenditure of entrance or use fees at units of the National Park System, including-- (i) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); and (ii) the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.). (B) Any unexpended receipts collected through-- (i) the recreational fee demonstration program established under section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (16 U.S.C. 460l-6a note; Public Law 104-134); or (ii) the national park passport program established under section 602 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5992). (C) Emergency appropriations for flood recovery at Yosemite National Park. (3)(A) The Secretary may use an authorized funding source to make payments under this section only if the funding available to Yosemite National Park from such source (after subtracting any payments to the school districts authorized under this section) is greater than or equal to the amount made available to the park for the prior fiscal year, or in fiscal year 2005, whichever is greater. (B) It is the sense of Congress that any payments made under this section should not result in a reduction of funds to Yosemite National Park from any specific funding source, and that with respect to appropriated funds, funding levels should reflect annual increases in the park's operating base funds that are generally made to units of the National Park System. SEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE BOUNDARIES OF YOSEMITE NATIONAL PARK. (a) Funding Authority for Transportation Systems and External Facilities.--Section 814(c) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 346e) is amended-- (1) in the heading by inserting ``AND YOSEMITE NATIONAL PARK'' after ``ZION NATIONAL PARK''; (2) in the first sentence-- (A) by inserting ``and Yosemite National Park'' after ``Zion National Park''; and (B) by inserting ``for transportation systems or'' after ``appropriated funds''; and (3) in the second sentence by striking ``facilities'' and inserting ``systems or facilities''. (b) Clarifying Amendment for Transportation Fee Authority.--Section 501 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5981) is amended in the first sentence by striking ``service contract'' and inserting ``service contract, cooperative agreement, or other contractual arrangement''. TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT SEC. 201. SHORT TITLE. This title may be cited as the ``Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act''. SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA. Section 2(a) of Public Law 92-589 (16 U.S.C. 460bb-1(a)) is amended-- (1) by striking ``The recreation area shall comprise'' and inserting the following: ``(1) Initial lands.--The recreation area shall comprise''; and (2) by striking ``The following additional lands are also'' and all that follows through the period at the end of the subsection and inserting the following new paragraphs: ``(2) Additional lands.--In addition to the lands described in paragraph (1), the recreation area shall include the following: ``(A) The parcels numbered by the Assessor of Marin County, California, 119-040-04, 119-040-05, 119-040-18, 166-202-03, 166-010-06, 166-010-07, 166-010-24, 166-010-25, 119-240-19, 166-010-10, 166-010-22, 119-240-03, 119-240-51, 119-240-52, 119-240-54, 166-010-12, 166-010-13, and 119-235-10. ``(B) Lands and waters in San Mateo County generally depicted on the map entitled `Sweeney Ridge Addition, Golden Gate National Recreation Area', numbered NRA GG-80,000-A, and dated May 1980. ``(C) Lands acquired under the Golden Gate National Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1 note; Public Law 102-299). ``(D) Lands generally depicted on the map entitled `Additions to Golden Gate National Recreation Area', numbered NPS-80-076, and dated July 2000/PWR-PLRPC. ``(E) Lands generally depicted on the map entitled `Rancho Corral de Tierra Additions to the Golden Gate National Recreation Area', numbered NPS-80,079E, and dated March 2004. ``(3) Acquisition limitation.--The Secretary may acquire land described in paragraph (2)(E) only from a willing seller.''. TITLE III--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT SEC. 301. SHORT TITLE. This title may be cited as the ``Redwood National Park Boundary Adjustment Act of 2005''. SEC. 302. REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT. Section 2(a) of the Act of Public Law 90-545 (16 U.S.C. 79b(a)) is amended-- (1) in the first sentence, by striking ``(a) The area'' and all that follows through the period at the end and inserting the following: ``(a)(1) The Redwood National Park consists of the land generally depicted on the map entitled `Redwood National Park, Revised Boundary', numbered 167/60502, and dated February, 2003.''; (2) by inserting after paragraph (1) (as designated by paragraph (1)) the following: ``(2) The map referred to in paragraph (1) shall be-- ``(A) on file and available for public inspection in the appropriate offices of the National Park Service; and ``(B) provided by the Secretary of the Interior to the appropriate officers of Del Norte and Humboldt Counties, California.''; and (3) in the second sentence-- (A) by striking ``The Secretary'' and inserting the following: ``(3) The Secretary;'' and (B) by striking ``one hundred and six thousand acres'' and inserting ``133,000 acres''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Title I: Yosemite National Park Authorized Payments - (Sec. 101) Authorizes the Secretary of the Interior to provide funds for FY2006-FY2009 to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in California for educational services for students who: (1) are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park; or (2) live within or near the Park upon Federal property. Terminates the Secretary's authority to make such payments if the State of California or local education agencies do not continue to provide funding to the schools in those school districts at per student levels that at least equal to the amount provided in FY2005. Sets forth limitations on the use and amount of such funds, including a maximum limit of $400,000 on payments in any fiscal year. Prohibits the use of funds to make payments under this Act from the following sources: (1) any law authorizing the collection or expenditure of entrance or use fees at units of the National Park System; (2) any unexpended receipts collected through the recreational fee demonstration program or the national park passport program; and (3) emergency appropriations for Yosemite flood recovery. Allows the Secretary to use an authorized funding source to make payments only if the funding available to Yosemite National Park from such source (after subtracting any payments to the school districts) is greater than or equal to the amount made available to the Park for the prior fiscal year, or in FY2005, whichever is greater. (Sec. 102) Amends the Omnibus Parks and Public Lands Management Act of 1996 to allow certain facilities to be located outside the boundaries of Yosemite National Park. Title II: Rancho Corral De Tierra Golden Gate National Recreation Area Boundary Adjustment - Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act - (Sec. 202) Modifies the boundaries of the Golden Gate National Recreation Area in California to include specified additional lands. Allows the Secretary of the Interior to acquire certain of those lands only from a willing seller. Title III: Redwood National Park Boundary Adjustment - Redwood National Park Boundary Adjustment Act of 2005 - (Sec. 302) Revises the boundaries of the Redwood National Park in California. Requires that the map of the revised boundaries be placed on file and be available for public inspection in offices of the National Park Service and that such map be provided by the Secretary of the Interior to officers of Del Norte and Humboldt Counties, California. Increases to 133,000 acres the maximum acreage of the Park."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Medicines Utilization Act of 2011''. SEC. 2. SAVINGS REBATE FOR STATES THAT INCREASE GENERIC DRUG UTILIZATION UNDER MEDICAID. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by inserting after subsection (g) the following: ``(h)(1) With respect to each of fiscal years 2012, 2013, and 2014, if the generic substitution rate determined for the State under section 1927(l)(2) for the most recent preceding fiscal year for which data are available is greater than the State's generic substitution rate (as so determined) for the second most recent preceding fiscal year for which data are available, the amount determined under subsection (a)(1) for the State for each quarter of the fiscal year shall be increased by an amount equal to 50 percent of the generic drug utilization savings amount determined for the State and the quarter under paragraph (2). ``(2) The generic drug utilization savings amount determined under this paragraph with respect to a State and a quarter is the product of-- ``(A) the difference between the-- ``(i) total amount expended by the State for the corresponding quarter of the preceding fiscal year for providing medical assistance for multiple source drugs (as defined in section 1927(k)(7)(A)(i)), as determined after the application of section 1927(b)(1)(B); and ``(ii) total amount expended by the State for the quarter involved for providing medical assistance for such drugs (as so determined); and ``(B) the State percentage determined for the State under section 1905(b).''. (b) Annual Determination of State Generic Substitution Rates and Performance Rankings.--Section 1927 of the Social Security Act (42 U.S.C. 1396r-8) is amended by adding at the end the following: ``(l) Annual Determination of State Generic Substitution Rates and Performance Rankings.-- ``(1) In general.--Not later than January 1, 2012, and annually thereafter, the Secretary shall determine the generic substitution rate (as defined in paragraph (2)) for each State for the most recent preceding fiscal year and the second most recent preceding fiscal year for which data are available. The Secretary annually shall publish on the Internet Web site of the Centers for Medicare & Medicaid Services the generic substitution rates determined for each State for such preceding fiscal years and, with respect to a State, the percentage increase or decrease in such rates when compared with each other. On the basis of such comparison, the Secretary shall list the States in order of the States with the greatest increase in the generic substitution rate. ``(2) Generic substitution rate.--In paragraph (1), the term `generic substitution rate' means, with respect to a State, the share of all drug units for which payment is made to the State under this title for the 20 most widely prescribed multiple source drugs under the State program under this title that have a specific National Drug Code and meet the requirements of subsection (k)(7)(A)(i).''. (c) Evaluation and Report.-- (1) In general.--Not later than December 31, 2014, the Secretary of Health and Human Services shall evaluate and report to Congress on the effectiveness of the generic drug utilization savings payments authorized under section 1903(h) of the Social Security Act (42 U.S.C. 1396b(h)) (as added by subsection (a)) in encouraging States to increase their Medicaid generic substitution rate. The evaluation shall include the following: (A) An analysis of the amounts each State Medicaid program saves through increased generic drug substitution. (B) An analysis of any indirect savings to State Medicaid programs through increased medication adherence due to increased accessibility and affordability of prescriptions. (C) An analysis of future estimated savings to State Medicaid programs and the Federal Government after termination of the generic drug utilization savings payments authorized under such section. (2) Medicaid generic substitution rate.--In paragraph (1), the term ``Medicaid generic substitution rate'' has the meaning given the term ``generic substitution rate'' under section 1927(l)(2) of the Social Security Act (42 U.S.C. 1396r-8(l)(2)) (as added by subsection (b)). SEC. 3. INNOVATIVE HEALTH CARE SAVINGS PROGRAM. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following: ``(aa) Innovative Health Care Savings Program.-- ``(1) In general.--In addition to the payments provided under subsection (a), subject to paragraph (5), the Secretary shall provide for payments to eligible States for the implementation of programs to achieve reductions in expenditures under this title or under title XVIII. ``(2) Eligible state.--A State is eligible for a payment under this subsection if the State achieves a generic substitution rate (as determined under section 1927(l)(2)) of at least 92 percent. ``(3) Use of funds.--A State may only use funds received through a payment under this subsection to implement programs to achieve reductions in expenditures under this title or title XVIII (such as innovative approaches to cost savings and health care delivery). ``(4) Application, terms, and conditions.-- ``(A) Application.--No payments shall be made to a State under this subsection unless the State applies to the Secretary for such payments in a form, manner, and time specified by the Secretary and such application is approved by the Secretary. ``(B) Terms and conditions.--Payments made under this subsection are made under such terms and conditions consistent with this subsection as the Secretary prescribes. ``(5) Funding.-- ``(A) Limitation.--The total amount of payments under this subsection for a quarter shall not exceed 5 percent of the sum of the generic drug utilization savings amount (as determined under subsection (h)(2)) for all States for the quarter. This subsection constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this subsection. ``(B) Allocation of funds.--The Secretary shall specify a method for allocating the funds made available under this subsection among eligible States. ``(C) Form and manner of payment.--Payment to an eligible State under this subsection shall be made in the same manner as other payments under section 1903(a). There is no requirement for State matching funds to receive payments under this subsection.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective for quarters beginning on or after the date of enactment of this Act.", "summary": "Affordable Medicines Utilization Act of 2011 - Amends title XIX (Medicaid) of the Social Security Act (SSA), with respect to FY2012-FY2014, to require an increase in the quarterly Medicaid payment to a state by 50% of the generic drug utilization savings amount if the state's generic substitution rate for the most recent preceding fiscal year for which data is available is greater than its rate for the most recent second preceding fiscal year for which data is available. Directs the Secretary of Health and Human Services (HHS) to determine the state's generic substitution rate for such fiscal years. Defines \"generic substitution rate\" as the share of all drug units for which Medicaid payment is made to a state for the 20 most widely prescribed multiple source drugs under the state program that have a specific National Drug Code. Directs the Secretary to provide for payments to eligible states for implementation of programs to achieve reductions in expenditures under Medicaid or under SSA title XVIII (Medicare) (innovative health care savings program)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Race to the Top Act of 2010''. SEC. 2. RACE TO THE TOP. (a) In General.--Title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.) is amended-- (1) by redesignating part C as part D; (2) by redesignating sections 6301 and 6302 as sections 6401 and 6402, respectively; and (3) by inserting after part B the following: ``PART C--RACE TO THE TOP ``SEC. 6301. PURPOSES. ``The purposes of this part are to-- ``(1) provide incentives for States and local educational agencies to implement comprehensive reforms and innovative strategies that are designed to lead to-- ``(A) significant improvements in outcomes for all students, including improvements in student achievement, secondary school graduation rates, postsecondary education enrollment rates, and rates of postsecondary education persistence; and ``(B) significant reductions in achievement gaps among subgroups of students; and ``(2) encourage the broad identification, adoption, use, dissemination, replication, and expansion of effective State and local policies and practices that lead to significant improvement in outcomes for all students, and the elimination of those policies and practices that are not effective in improving student outcomes. ``SEC. 6302. RESERVATION OF FUNDS. ``From the amounts made available under section 6308 for a fiscal year, the Secretary may reserve not more than 10 percent to carry out activities related to technical assistance, monitoring, outreach, dissemination, and prize awards that support the purposes of this part. ``SEC. 6303. PROGRAM AUTHORIZED. ``(a) In General.--From the amounts made available under section 6308 for a fiscal year and not reserved under section 6302, the Secretary shall award grants, on a competitive basis, to States or local educational agencies, or both, in accordance with section 6304(b), to enable the States or local educational agencies to carry out the purposes of this part. ``(b) Grant and Subgrant Eligibility Limitations.-- ``(1) ARRA state incentive grants.--A State that has received a grant under section 14006 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5; 123 Stat. 283) may not receive a grant under this part during the period of its grant under such section. ``(2) Number of grants.--A State or local educational agency may not receive more than 1 grant under this part per grant period. ``(3) Number of subgrants.--A local educational agency may receive 1 grant and 1 subgrant under this part for the same fiscal year. ``(c) Duration of Grants.-- ``(1) In general.--A grant under this part shall be awarded for a period of not more than 4 years. ``(2) Continuation of grants.--A State or local educational agency that is awarded a grant under this part shall not receive grant funds under this part for the second or any subsequent year of the grant unless the State or local educational agency demonstrates to the Secretary, at such time and in such manner as determined by the Secretary, that the State or local educational agency, respectively, is-- ``(A) making progress in implementing the plan under section 6304(a)(3) at a rate that the Secretary determines will result in the State or agency fully implementing such plan during the remainder of the grant period; or ``(B) making progress against the performance measures set forth in section 6305 at a rate that the Secretary determines will result in the State or agency reaching its targets and achieving the objectives of the grant during the remainder of the grant period. ``SEC. 6304. APPLICATIONS. ``(a) Applications.--Each State or local educational agency that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include-- ``(1) documentation of the applicant's record, as applicable-- ``(A) in increasing student achievement, including for all subgroups described in section 1111(b)(2)(C)(v)(II); ``(B) in decreasing achievement gaps, including for all subgroups described in section 1111(b)(2)(C)(v)(II); ``(C) in increasing secondary school graduation rates, including for all subgroups described in section 1111(b)(2)(C)(v)(II); ``(D) in increasing postsecondary education enrollment and persistence rates, including for all subgroups described in section 1111(b)(2)(C)(v)(II); and ``(E) with respect to any other performance measure described in section 6305 that is not included in subparagraphs (A) through (D); ``(2) evidence of conditions of innovation and reform that the applicant has established and the applicant's proposed plan for implementing additional conditions for innovation and reform, including-- ``(A) a description of how the applicant has identified and eliminated ineffective practices in the past and the applicant's plan for doing so in the future; ``(B) a description of how the applicant has identified and promoted effective practices in the past and the applicant's plan for doing so in the future; and ``(C) steps the applicant has taken and will take to eliminate statutory, regulatory, procedural, or other barriers and to facilitate the full implementation of the proposed plan under this paragraph; ``(3) a comprehensive and coherent plan for using funds under this part, and other Federal, State, and local funds, to improve the applicant's performance on the measures described in section 6305, consistent with criteria set forth by the Secretary, including how the applicant will, if applicable-- ``(A) improve the effectiveness of teachers and school leaders, and promote equity in the distribution of effective teachers and school leaders, in order to ensure that low-income and minority children are not taught by ineffective teachers, and are not in schools led by ineffective leaders, at higher rates than other children; ``(B) strengthen the use of high-quality and timely data to improve instructional practices, policies, and student outcomes, including teacher evaluations; ``(C) implement internationally benchmarked, college- and career-ready elementary and secondary academic standards, including in the areas of assessment, instructional materials, professional development, and strategies that translate the standards into classroom practice; ``(D) turn around the persistently lowest-achieving elementary schools and secondary schools served by the applicant; ``(E) support or coordinate with early learning programs for high-need children from birth through grade 3 to improve school readiness and ensure that students complete grade 3 on track for school success; and ``(F) create or maintain successful conditions for high-performing charter schools and other innovative, autonomous public schools; ``(4)(A) in the case of an applicant that is a State-- ``(i) evidence of collaboration between the State, its local educational agencies, schools (as appropriate), parents, teachers, and other stakeholders, in developing the plan described in paragraph (3), including evidence of the commitment and capacity to implement the plan; and ``(ii)(I) the names of the local educational agencies the State has selected to participate in carrying out the plan; or ``(II) a description of how the State will select local educational agencies to participate in carrying out the plan; or ``(B) in the case of an applicant that is a local educational agency, evidence of collaboration between the local educational agency, schools, parents, teachers, and other stakeholders, in developing the plan described in paragraph (3), including evidence of the commitment and capacity to implement the plan; ``(5) the applicant's annual performance measures and targets, consistent with the requirements of section 6305; and ``(6) a description of the applicant's plan to conduct a rigorous evaluation of the effectiveness of activities carried out with funds under this part. ``(b) Criteria for Evaluating Applications.-- ``(1) Award basis.--The Secretary shall award grants under this part on a competitive basis, based on the quality of the applications submitted under subsection (a), including-- ``(A) each applicant's record in the areas described in subsection (a)(1); ``(B) each applicant's record of, and commitment to, establishing conditions for innovation and reform, as described in subsection (a)(2); ``(C) the quality and likelihood of success of each applicant's plan described in subsection (a)(3) in showing improvement in the areas described in subsection (a)(1), including each applicant's capacity to implement the plan and evidence of collaboration as described in subsection (a)(4); and ``(D) each applicant's evaluation plan as described in subsection (a)(6). ``(2) Explanation.--The Secretary shall publish an explanation of how the application review process under this section will ensure an equitable and objective evaluation based on the criteria described in paragraph (1). ``(c) Priority.--In awarding grants to local educational agencies under this part, the Secretary shall give priority to-- ``(1) local educational agencies with the highest numbers or percentages of children from families with incomes below the poverty line; and ``(2) local educational agencies that serve schools designated with a school locale code of 41, 42, or 43. ``SEC. 6305. PERFORMANCE MEASURES. ``Each State and each local educational agency receiving a grant under this part shall establish performance measures and targets, approved by the Secretary, for the programs and activities carried out under this part. These measures shall, at a minimum, track the State's or local educational agency's progress in-- ``(1) implementing its plan described in section 6304(a)(3); and ``(2) improving outcomes for all subgroups described in section 1111(b)(2)(C)(v)(II) including, as applicable, by-- ``(A) increasing student achievement; ``(B) decreasing achievement gaps; ``(C) increasing secondary school graduation rates; ``(D) increasing postsecondary education enrollment and persistence rates; ``(E)(i) improving the effectiveness of teachers and school leaders, increasing the retention of effective teachers and school leaders; and ``(ii) promoting equity in the distribution of effective teachers and school leaders in order to ensure that low-income and minority children are not taught by ineffective teachers, and are not in schools led by ineffective leaders, at higher rates than other children; and ``(F) making progress on any other measures identified by the Secretary. ``SEC. 6306. USES OF FUNDS. ``(a) Grants to States.--Each State that receives a grant under this part shall use-- ``(1) not less than 50 percent of the grant funds to make subgrants to the local educational agencies in the State that participate in the State's plan under section 6304(a)(3), based on such local educational agencies' relative shares of funds under part A of title I for the most recent year for which those data are available; and ``(2) not more than 50 percent of the grant funds for any purpose included in the State's plan under section 6304(a)(3). ``(b) Grants to Local Educational Agencies.--Each local educational agency that receives a grant under this part shall use the grant funds for any purpose included in the local educational agency's plan under section 6304(a)(3). ``(c) Subgrants to Local Educational Agencies.--Each local educational agency that receives a subgrant under this part from a State shall use the subgrant funds for any purpose included in the State's plan under section 6304(a)(3). ``SEC. 6307. REPORTING. ``(a) Annual Reports.--A State or local educational agency that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report including-- ``(1) data on the State's or local educational agency's progress in achieving the targets for the performance measures established under section 6305; ``(2) a description of the challenges the State or agency has faced in implementing its program and how it has addressed or plans to address those challenges; and ``(3) findings from the evaluation plan as described in section 6304(a)(6). ``(b) Local Reports.--Each local educational agency that receives a subgrant from a State under this part shall submit to the State such information as the State may require to complete the annual report required under subsection (a). ``SEC. 6308. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $1,350,000,000 for fiscal year 2011 and such sums as may be necessary for each of the 5 succeeding fiscal years.''. (b) Conforming Amendments.--The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.) is amended-- (1) by striking the items relating to part C of title VI; and (2) by inserting after the item relating to section 6234 the following: ``Part C--Race to the Top ``Sec. 6301. Purposes. ``Sec. 6302. Reservation of funds. ``Sec. 6303. Program authorized. ``Sec. 6304. Applications. ``Sec. 6305. Performance measures. ``Sec. 6306. Uses of funds. ``Sec. 6307. Reporting. ``Sec. 6308. Authorization of appropriations. ``Part D--General Provisions ``Sec. 6401. Prohibition against Federal mandates, direction, or control. ``Sec. 6402. Rule of construction on equalized spending.''.", "summary": "Race to the Top Act of 2010 - Directs the Secretary of Education to award competitive grants to states and local educational agencies (LEAs) to implement reforms and innovations designed to improve educational outcomes significantly for all students and reduce achievement gaps significantly among specified student subgroups. Requires each grant applicant to have a comprehensive and coherent plan for doing so that includes, if applicable: (1) improving the effectiveness of teachers and school leaders and promoting their equitable distribution; (2) strengthening the use of data to improve education; (3) implementing internationally benchmarked, college- and career-ready elementary and secondary academic standards; (4) turning around its lowest-performing schools; (5) supporting, or coordinating with, early learning programs for high-need children from birth through third grade; and (6) creating or maintaining successful conditions for high-performing charter schools and other innovative, autonomous public schools. Requires each grantee to establish performance measures that track its progress in implementing its plan, and improving educational outcomes for students and specified student subgroups. Gives grant priority to LEAs with the highest number or percentages of impoverished children and those that serve rural schools. Requires each state grantee to use at least 50% of its grant for subgrants to LEAs that participate in its plan. Allows LEAs to receive a grant and subgrant for the same fiscal year."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Savings Plan Act of 1993''. SEC. 2. PENALTY FREE WITHDRAWALS FROM ANNUITIES FOR HIGHER EDUCATION EXPENSES. (a) In General.--Paragraph (2) of section 72(q) of the Internal Revenue Code of 1986 (relating to 10-percent penalty for premature distributions from annuity contracts) is amended by striking ``or'' at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting ``, or'', and by inserting after subparagraph (J) the following new subparagraph: ``(K) which is a qualified higher education expense distribution (as defined in paragraph (4)).'' (b) Qualified Higher Education Expense Distribution.--Subsection (q) of section 72 of such Code is amended by adding at the end thereof the following new paragraph: ``(4) Qualified higher education expense distribution.-- ``(A) In general.--For purposes of paragraph (2)(K), the term `qualified higher education expense distribution' means any distribution from a designated higher education expense annuity to the taxpayer if such distribution is used within 90 days of the date of the distribution to pay qualified tuition and related expenses (as defined in section 117(b)) required for the enrollment or attendance of such taxpayer, the taxpayer's spouse, or a child (as defined in section 151(c)(3)) or grandchild of such taxpayer at an eligible educational institution (as defined in section 135(c)(3)); except that such expenses shall be reduced by any amount excluded from gross income under section 135 by reason of such expenses. ``(B) Designated higher education expense annuity.-- ``(i) In general.--The term `designated higher education expense annuity' means any annuity purchased after December 31, 1992, and designated for purposes of this paragraph by the purchaser at the time of purchase as an annuity to which this paragraph applies. ``(ii) Certain annuities received in an exchange not eligible.--Such term shall not include any annuity acquired in an exchange to which section 1035 applies unless the annuity given up by the taxpayer in the exchange was a designated higher education expense annuity.'' (c) Gift Tax Treatment.--Subsection (e) of section 2503 of such Code is amended by adding at the end thereof the following new paragraph: ``(3) Treatment of premiums paid under designated higher education expense annuities.-- ``(A) In general.--Any premium paid for a designated higher education expense annuity shall not be treated as transfer of property by gift for purposes of this chapter. ``(B) Recapture rules.--If any premium paid by any person for a designated higher education expense annuity is not treated as a taxable gift solely by reason of subparagraph (A)-- ``(i) Lifetime distributions not used for educational purposes.--Any disqualified lifetime distribution from the portion of any annuity attributable to such premium shall be treated as a transfer by gift by such person. ``(ii) Inclusion in gross estate.--The gross estate of such person shall include the value (as of the date of the decedent's death or applicable valuation date set forth in section 2032) of the portion of any annuity attributable to such premium. ``(C) Disqualified lifetime distribution.--For purposes of subparagraph (B), the term `disqualified lifetime distribution' means any distribution which is not a qualified higher education distribution and which is made during the life of the person referred to in subparagraph (B) to or for the benefit of another person. ``(D) Other definitions.--For purposes of this paragraph, the terms `designated higher education expense annuity' and `qualified higher education expense distribution' have the respective meanings given such terms by section 72(q)(4).'' (d) Effective Date.--The amendments made by this section shall take effect on January 1, 1994.", "summary": "Higher Education Savings Plan Act of 1993 - Amends the Internal Revenue Code to exempt distributions from a higher education expenses annuity contract from the ten-percent penalty on premature distributions from annuity contracts. Excludes the premium to purchase such a contract from gift tax liability."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Independence Act of 2000''. SEC. 2. DOMESTIC ENERGY SELF-SUFFICIENCY PLAN. (a) Strategic Plan.--The Secretary of Energy shall develop, and transmit to the Congress within 1 year after the date of the enactment of this Act, a strategic plan to ensure that the United States is energy self-sufficient by the year 2010. The plan shall include recommendations for legislative and regulatory actions needed to accomplish that goal. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy $20,000,000 for carrying out this section. SEC. 3. FEDERAL GOVERNMENT FUEL CELL PILOT PROGRAM. (a) Program.--The Secretary of Energy shall establish a program for the acquisition of-- (1) up to 100 commercially available 200 kilowatt fuel cell power plants; (2) up to 20 megawatts of power generated from commercially available fuel cell power plants; or (3) a combination thereof, for use at federally owned or operated facilities. The Secretary shall provide funding for purchase, site engineering, installation, startup, training, operation, and maintenance costs associated with the acquisition of such power plants, along with any other necessary assistance. (b) Domestic Assembly.--All fuel cell systems and fuel cell stacks in power plants acquired, or from which power is acquired, under subsection (a) shall be assembled in the United States. (c) Site Selection.--In the selection of federally owned or operated facilities as a site for the location of power plants acquired under this section, or as a site to receive power acquired under this section, priority shall be given to sites with 1 or more of the following attributes: (1) Location (of the Federal facility or the generating power plant) in an area classified as a nonattainment area under title I of the Clean Air Act. (2) Computer or electronic operations that are sensitive to power supply disruptions. (3) Need for a reliable, uninterrupted power supply. (4) Remote location, or other factors requiring off-grid power generation. (5) Critical manufacturing or other activities that support national security efforts. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy $140,000,000 for the period encompassing fiscal years 2001 through 2003 for carrying out this section. SEC. 4. PROTON EXCHANGE MEMBRANE DEMONSTRATION PROGRAMS. (a) In General.-- (1) Establishment.--The President, in coordination with the Secretary of Energy, the Secretary of Transportation, the Secretary of Defense, and the Secretary of Housing and Urban Development, shall establish a program for the demonstration of fuel cell proton exchange membrane technology in the areas of responsibility of those Secretaries with respect to commercial, residential, and transportation applications, including buses. Such program shall specifically focus on promoting the application of and improved manufacturing production and processes for proton exchange membrane fuel cell technology. (2) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $140,000,000 for the period encompassing fiscal years 2001 through 2003. (b) Bus Demonstration Program.-- (1) Establishment.--The President, in coordination with the Secretary of Energy and the Secretary of Transportation, shall establish a comprehensive proton exchange membrane fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus applications. Such program shall cover all aspects of the introduction of this new technology, and shall include the following components: (A) Development, installation, and operation of a hydrogen delivery system located on-site at transit bus terminals. (B) Development, installation, and operation of on- site storage associated with the hydrogen delivery systems as well as storage tank systems incorporated into the bus itself. (C) Demonstration of use of hydrogen as a practical, safe, renewable energy source in a highly efficient, zero-emission power system for buses. (D) Development of a hydrogen proton exchange membrane fuel cell power system that is confirmed and verified as being compatible with transit bus application requirements. (E) Durability testing of the fuel cell bus at a national testing facility. (F) Identification and implementation of necessary codes and standards for the safe use of hydrogen as a fuel suitable for bus application, including the fuel cell power system and related operational facilities. (G) Identification and implementation of maintenance and overhaul requirements for hydrogen proton exchange membrane fuel cell transit buses. (H) Completion of fleet vehicle evaluation program by bus operators along normal transit routes, providing equipment manufacturers and transit operators with the necessary analyses to enable operation of the hydrogen proton exchange membrane fuel cell bus under a range of operating environments. (2) Domestic assembly.--All fuel cell systems and fuel cell stacks in power plants acquired, or from which power is acquired, under paragraph (1) shall be assembled in the United States. (3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $150,000,000 for the period encompassing fiscal years 2001 through 2003. SEC. 5. FEDERAL VEHICLES. Each agency of the Federal Government that maintains a fleet of motor vehicles shall develop a plan for a transition of the fleet to vehicles powered by fuel cell technology. Each such plan shall include implementation beginning by fiscal year 2005, to be completed by fiscal year 2010. Each plan shall incorporate and build on the results of completed and ongoing Federal demonstration programs, including the program established under section 4, and shall include additional demonstration programs and pilot programs as necessary to test or investigate available technologies and transition procedures. SEC. 6. LIFE-CYCLE COST BENEFIT ANALYSIS. Any life-cycle cost benefit analysis undertaken by a Federal agency with respect to investments in products, services, construction, and other projects shall include an analysis of environmental and power reliability factors. SEC. 7. STATE AND LOCAL GOVERNMENT INCENTIVES. (a) Grant Program.--The Secretary of Energy shall establish a program for making grants to State or local governments for the use of fuel cell technology in meeting their energy requirements, including the use as a source of power for motor vehicles. Each grant made under this section shall require at least a 10 percent matching contribution from the State or local government recipient. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy $110,000,000 for each of the fiscal years 2001 through 2005 for carrying out this section.", "summary": "Directs the President, in coordination with designated Secretaries, to establish: (1) a demonstration program for fuel cell proton exchange membrane technology for commercial, residential, and transportation applications (including buses) within the Secretaries' respective areas; and (2) a comprehensive proton exchange membrane fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus applications. Mandates that each Federal agency that maintains a motor vehicle fleet develop a plan for fleet transition to vehicles powered by fuel cell technology. Directs the Secretary of Energy to establish a fuel cell technology grant program for State or local government to meet their energy requirements, including such technology as a motor vehicle power source. Authorizes appropriations."}
{"article": "SECTION 1. GRANT OF FEDERAL CHARTER TO THE NATIONAL ACADEMY OF INVENTORS. (a) Grant of Charter.--Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following new chapter: ``CHAPTER 1504--NATIONAL ACADEMY OF INVENTORS ``Sec. 150401. Findings ``Congress finds the following: ``(1) The majority of our Nation's basic research is done at our colleges and universities. ``(2) The National Academy of Inventors recognizes and encourages inventors who have a patent issued from the United States Patent and Trademark Office. ``(3) The National Academy of Inventors enhances the visibility of university and non-profit research institute technology and academic innovation. ``(4) The National Academy of Inventors encourages the disclosure of intellectual property. ``(5) The National Academy of Inventors educates and mentors innovative students. ``(6) The systematic application of organized knowledge and information can generate technology and produce creative solutions to existing problems. ``(7) Innovation, based on new inventions and technologies, has proven to be a key factor in the industrial and economic development of the world. ``(8) The National Academy of Inventors serves a valuable role in the translation of science and technology within the university and non-profit research institute community, and for the benefit of society. ``(9) Congress supports the mission of the National Academy of Inventors to encourage the translation of the inventions of its members to benefit society. ``Sec. 150402. Organization ``(a) Federal Charter.--The National Academy of Inventors, a not for profit organization that meets the requirements under section 501(c)(3) of the internal revenue code, and is organized under the laws of the State of Florida, is a federally chartered organization. ``(b) Expiration of Charter.--If the organization does not comply with the provisions of this chapter, the charter granted shall expire. ``Sec. 150403. Purposes ``The purposes of the organization are as provided in its bylaws and articles of incorporation. ``Sec. 150404. Governing body ``(a) Board of Directors.--The composition of the board of directors for the organization, and the responsibilities of the board are as provided in the articles of incorporation and bylaws of the organization. ``(b) Officers.--The positions of officers/executive committee members of the organization, and the election of the officers and executive committee members, are as provided in the articles of incorporation and bylaws. ``(c) Executive Committee.--The positions of executive committee members of the organization, and the election of executive committee members, are as provided in the articles of incorporation and bylaws. ``(d) Executive Advisory Board.--The composition of the executive advisory board for the organization, and the responsibilities of the executive advisory board are as provided in the articles of incorporation and bylaws of the organization. ``Sec. 150405. Powers ``The corporation has only those powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 150406. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--No part of the income or assets of this Corporation will be distributed, to its Directors or Officers. However, the corporation may contract in due course of business with its Officers or Directors for services rendered to the extent permissible under the articles of incorporation, under law and under section 501(c)(3) of the United States Internal Revenue Code of 1986. ``(c) Loans.--The organization may not loan money to any of its directors or officers. ``(d) Corporate Status.--The organization shall maintain its status as a corporation incorporated under the laws of the State of Florida. ``Sec. 150407. Tax-exempt status required as a condition of charter ``If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate. ``Sec. 150408. Records ``The organization shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of the members, board of directors, and committees of the corporation having any of the authority of the board of directors of the corporation; and ``(3) at the principal office of the corporation, a record of the names and addresses of the members of the corporation entitled to vote on matters relating to the corporation. ``Sec. 150409. Liability for acts of officers and agents ``The organization is liable for any act of any officer or agent of the corporation acting within the scope of the authority of the corporation. ``Sec. 150410. Annual report ``The corporation shall transmit to Congress an annual report on the activities of the corporation during the preceding fiscal year. The report shall be submitted at the same time as the report of the audit required. The report may not be printed as a public document.''. (b) Clerical Amendment.--The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following new item: ``1504. National Academy of Inventors..............................150401''.", "summary": "Grants a federal charter to the National Academy of Inventors."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Kids' Access to Care Act''. SEC. 2. STREAMLINED SCREENING AND ENROLLMENT PROCESS FOR ELIGIBLE OUT- OF-STATE MEDICAID PROVIDERS AND SUPPLIERS. (a) In General.--Section 1902(kk) of the Social Security Act (42 U.S.C. 1396a(kk)) is amended by adding at the end the following new paragraph: ``(10) Streamlined screening and enrollment process for eligible out-of-state providers and suppliers.-- ``(A) In general.--Subject to subsection (a)(65), the State adopts a streamlined screening and enrollment process for eligible out-of-State providers and suppliers. ``(B) Streamlined screening and enrollment process.--For purposes of subparagraph (A), the term `streamlined screening and enrollment process' means a process that enables an eligible out-of-State provider or supplier to enroll as a provider or supplier in the State plan on a simplified and streamlined basis in accordance with the requirements of subparagraph (D). ``(C) Eligible out-of-state provider or supplier.-- For purposes of subparagraph (A), the term `eligible out-of-State provider or supplier' means a provider or supplier of medical or other items or services furnished to a child for which payment is available under the State plan under this title that is located in another State and with respect to which the Secretary has determined there is a limited risk of fraud, waste, or abuse for purposes of determining the level of screening to be conducted under section 1866(j)(2)(B). ``(D) Requirements.--For purposes of subparagraph (B), the requirements of this subparagraph are the following: ``(i) An eligible out-of-State provider or supplier that elects to be and is enrolled in the program established under this title in accordance with the process established by the Secretary under section 2(b) of the Accelerating Kids' Access to Care Act is enrolled in the State plan under this title without being subject to any additional screening and enrollment activities required by the State. ``(ii) An eligible out-of-State provider or supplier that is enrolled in the State plan through the streamlined screening and enrollment process shall be enrolled for a period of 5 years before being required to obtain revalidation. ``(iii) An eligible out-of-State provider or supplier that is enrolled in the State plan through the streamlined screening and enrollment process shall be permitted to order all clinically necessary follow-up care, including with respect to the prescribing of medications.''. (b) Coordination With Medicare.--The Secretary shall establish a process for permitting a provider or a supplier, as the case may be, the option when enrolling in the program established under the Medicare program under title XVIII of the Social Security Act pursuant to subpart P of part 424 of title 42, Code of Federal Regulations (or any successor regulation), to elect, at the same time, to enroll in the Medicaid program under title XIX of such Act for purposes of all State plans under such title XIX. The Secretary may utilize the Medicare Provider Enrollment, Chain and Ownership System (referred to as ``PECOS''), or another national, standardized, and widely accessible platform to establish such process. (c) Conforming Amendments.-- (1) Section 1902(a)(77) of the Social Security Act (42 U.S.C. 1396a(a)(77)) is amended by inserting ``enrollment,'' after ``screening,''. (2) Section 1902(kk) of such Act (42 U.S.C. 1396a(kk)), as amended by subsection (a), is further amended-- (A) in the subsection heading, by inserting ``Enrollment,'' after ``Screening,''; and (B) in paragraph (9), by striking ``Nothing'' and inserting ``Except as provided in paragraph (10)(D)(i), nothing''. (3) Section 2107(e)(1)(G) of such Act (42 U.S.C. 1397gg(e)(1)(G)) is amended by inserting ``enrollment,'' after ``screening,''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section take effect on January 1, 2019. (2) Exception for state legislation.--In the case of a State plan for medical assistance under title XIX of the Social Security Act or a State child health plan under title XXI of such Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, such State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.", "summary": "Accelerating Kids' Access to Care Act This bill requires: (1) state Medicaid programs to adopt a streamlined screening and enrollment process for eligible out-of-state providers and suppliers, and (2) the Centers for Medicare & Medicaid Services to establish a process for providers and suppliers to enroll simultaneously in the Medicare and Medicaid programs."}
{"article": "SECTION 1. RURAL COMMUNITY SERVICE. Title XI of the of the Higher Education Act of 1965 (20 U.S.C. 1136 et seq.) is amended by adding at the end the following new part: ``PART C--RURAL COMMUNITY SERVICE ``SEC. 1171. FINDINGS; PURPOSE. ``(a) Findings.--The Congress finds that-- ``(1) the Nation's rural centers are facing increasingly pressing problems and needs in the areas of economic development, community infrastructure and service, social policy, public health, housing, crime, education, environmental concerns, planning and work force preparation; ``(2) there are, in the Nation's rural institutions, people with underutilized skills, knowledge, and experience who are capable of providing a vast range of services towards the amelioration of the problems described in paragraph (1); ``(3) the skills, knowledge, and experience in these rural institutions, if applied in a systematic and sustained manner, can make a significant contribution to the solution of such problems; and ``(4) the application of such skills, knowledge, and experience is hindered by the limited funds available to redirect attention to solutions to such rural problems. ``(b) Purpose.--It is the purpose of this part to provide incentives to rural academic institutions to enable such institutions to work with private and civic organizations to devise and implement solutions to pressing and severe problems in their communities. ``SEC. 1172. PROGRAM. ``The Secretary is authorized to carry out a program of providing assistance to eligible institutions to enable such institutions to carry out the authorized activities described in section 1174 in accordance with the provisions of this part. ``SEC. 1173. APPLICATIONS FOR RURAL COMMUNITY SERVICE GRANTS. ``(a) Application.-- ``(1) In general.--Each eligible institution desiring a grant under this part shall submit to the Secretary an application at such time, in such form, and containing or accompanied by such information and assurances, as the Secretary may require by regulation. ``(2) Contents.--Each application submitted pursuant to paragraph (1) shall-- ``(A) describe the activities and services for which assistance is sought; and ``(B) contain assurances that the eligible institution will enter into a consortium to carry out the provisions of this part that includes, in addition to the eligible institution, one or more of the following entities: ``(i) A community college. ``(ii) A rural local educational agency. ``(iii) A local government. ``(iv) A business or other employer. ``(v) A nonprofit institution. ``(3) Waiver.--The Secretary may waive the consortium requirements described in paragraph (2) for any applicant who can demonstrate to the satisfaction of the Secretary that the applicant has devised an integrated and coordinated plan which meets the purpose of this part. ``(b) Priority in Selection of Applications.--The Secretary shall give priority to applications that propose to conduct joint projects supported by other local, State, and Federal programs. ``(c) Selection Procedures.--The Secretary, by regulation, shall develop a formal procedure for the submission of applications under this part and shall publish in the Federal Register an announcement of that procedure and the availability of funds under this part. ``SEC. 1174. AUTHORIZED ACTIVITIES. ``Grant funds made available under this part shall be used to support planning, applied research, training, resource exchanges or technology transfers, the delivery of services, or other activities the purpose of which is to design and implement programs to assist rural communities to meet and address their pressing and severe problems, such as any of the following: ``(1) Work force preparation. ``(2) Rural poverty and the alleviation of such poverty. ``(3) Health care, including health care delivery and access as well as health education, prevention and wellness. ``(4) Underperforming school systems and students. ``(5) Problems faced by the elderly and individuals with disabilities in rural settings. ``(6) Problems faced by families and children. ``(7) Campus and community crime prevention, including enhanced security and safety awareness measures as well as coordinated programs addressing the root causes of crime. ``(8) Rural housing. ``(9) Rural infrastructure. ``(10) Economic development. ``(11) Rural farming and environmental concerns. ``(12) Other problem areas which participants in the consortium described in section 1173(a)(2)(B) concur are of high priority in rural areas. ``(13)(A) Problems faced by individuals with disabilities and economically disadvantaged individuals regarding accessibility to institutions of higher education and other public and private community facilities. ``(B) Amelioration of existing attitudinal barriers that prevent full inclusion of individuals with disabilities in their community. ``SEC. 1175. PEER REVIEW. ``The Secretary shall designate a peer review panel to review applications submitted under this part and make recommendations for funding to the Secretary. In selecting the peer review panel, the Secretary may consult with other appropriate Cabinet-level Federal officials and with non-Federal organizations, to ensure that the panel will be geographically balanced and be composed of representatives from public and private institutions of higher education, labor, business, and State and local government, who have expertise in rural community service or in education. ``SEC. 1176. DISBURSEMENT OF FUNDS. ``(a) Multiyear Availability.--Subject to the availability of appropriations, grants under this part may be made on a multiyear basis, except that no institution, individually or as a participant in a consortium, may receive a grant for more than 5 years. ``(b) Equitable Geographic Distribution.--The Secretary shall award grants under this part in a manner that achieves equitable geographic distribution of such grants. ``(c) Matching Requirement.--An applicant under this part and the local governments associated with its application shall contribute to the conduct of the program supported by the grant an amount from non- Federal funds equal to at least one-fourth of the amount grant, which contribution may be in cash or in kind, fairly evaluated. ``SEC. 1177. DESIGNATION OF RURAL GRANT INSTITUTIONS. ``The Secretary shall publish a list of eligible institutions under this part and shall designate such institutions of higher education as `Rural Grant Institutions'. The Secretary shall establish a national network of Rural Grant Institutions so that the results of individual projects achieved in 1 rural area can be generalized, disseminated, replicated and applied throughout the Nation. ``SEC. 1178. DEFINITIONS. ``As used in this part: ``(1) Rural area.--The term `rural area' means any area that is-- ``(A) outside an urbanized area, as such term is defined by the Bureau of the Census; and ``(B) outside any place that-- ``(i) is incorporated or Bureau of the Census designated; and ``(ii) has a population of 75,000 or more. ``(2) Eligible institution.--The term `eligible institution' means an institution of higher education, or a consortium of such institutions any one of which meets all the requirements of this paragraph, which-- ``(A) is located in a rural area; ``(B) draws a substantial portion of its undergraduate students from the rural area in which such institution is located, or from contiguous areas; ``(C) carries out programs to make postsecondary educational opportunities more accessible to residents of such rural areas, or contiguous areas; ``(D) has the present capacity to provide resources responsive to the needs and priorities of such rural areas and contiguous areas; ``(E) offers a range of professional, technical, or graduate programs sufficient to sustain the capacity of such institution to provide such resources; and ``(F) has demonstrated and sustained a sense of responsibility to such rural area and contiguous areas and the people of such areas. ``SEC. 1179. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE. ``(a) In General.--There are authorized to be appropriated such sums as may be necessary in each fiscal year to carry out the provisions of this part. ``(b) Funding Rule.--If in any fiscal year the amount appropriated pursuant to the authority of subsection (a) is less than 50 percent of the funds appropriated to carry out part A in such year, then the Secretary shall make available in such year from funds appropriated to carry out part A an amount equal to the difference between 50 percent of the funds appropriated to carry out part A and the amount appropriated pursuant to the authority of subsection (a).''.", "summary": "Amends the Higher Education Act of 1965 to establish a rural community service program. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Super-Efficient Appliance Incentives and Market Transformation Act of 2007''. SEC. 2. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR APPLIANCES PRODUCED AFTER 2007. (a) In General.--Section 45M of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 45M. ENERGY EFFICIENT APPLIANCE CREDIT. ``(a) General Rule.-- ``(1) In general.--For purposes of section 38, the energy efficient appliance credit determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined under paragraph (2) for each type of qualified energy efficient appliance produced by the taxpayer during the calendar year ending with or within the taxable year. ``(2) Credit amounts.--The credit amount determined for any type of qualified energy efficient appliance is-- ``(A) the applicable amount determined under subsection (b) with respect to such type, multiplied by ``(B) the eligible production for such type. ``(b) Applicable Amount.--For purposes of subsection (a)-- ``(1) Dishwashers.--The applicable amount is-- ``(A) $45 in the case of a residential model dishwasher which-- ``(i) is manufactured in calendar year 2008 or 2009, and ``(ii) uses not more than 324 kilowatt hours per year and 5.8 gallons per cycle, and ``(B) $75 in the case of a residential model dishwasher which-- ``(i) is manufactured in calendar year 2008, 2009, or 2010, and ``(ii) uses not more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons for dishwashers designed for greater than 12 place settings). ``(2) Clothes washers.--The applicable amount is-- ``(A) $75 in the case of a residential model top- loading clothes washer which-- ``(i) is manufactured in calendar year 2008, and ``(ii) meets or exceeds a 1.72 MEF and does not exceed an 8.0 water consumption factor, ``(B) $125 in the case of a residential model top- loading clothes washer which-- ``(i) is manufactured in calendar year 2008 or 2009, and ``(ii) meets or exceeds a 1.8 MEF and does not exceed a 7.5 water consumption factor, ``(C) $150 in the case of a residential or commercial model clothes washer which-- ``(i) is manufactured in calendar year 2008, 2009, or 2010, and ``(ii) meets or exceeds 2.0 MEF and does not exceed a 6.0 water consumption factor, and ``(D) $250 in the case of a residential or commercial model clothes washer which-- ``(i) is manufactured in calendar year 2008, 2009, or 2010, and ``(ii) meets or exceeds 2.2 MEF and does not exceed a 4.5 water consumption factor. ``(3) Refrigerators.--The applicable amount is-- ``(A) $50 in the case of a residential model refrigerator which-- ``(i) is manufactured in calendar year 2008, and ``(ii) consumes at least 20 percent, but not more than 22.9 percent, less kilowatt hours per year than the 2001 energy conservation standards, ``(B) $75 in the case of a residential model refrigerator which-- ``(i) is manufactured in calendar year 2008 or 2009, and ``(ii) consumes at least 23 percent, but not more than 24.9 percent, less kilowatt hours per year than the 2001 energy conservation standards, ``(C) $100 in the case of a residential model refrigerator which-- ``(i) is manufactured in calendar year 2008, 2009, or 2010, and ``(ii) consumes at least 25 percent, but not more than 29.9 percent, less kilowatt hours per year than the 2001 energy conservation standards, and ``(D) $200 in the case of a residential model refrigerator which-- ``(i) is manufactured in calendar year 2008, 2009, or 2010, and ``(ii) consumes at least 30 percent less kilowatt hours per year than the 2001 energy conservation standards. ``(4) Dehumidifiers.--The applicable amount is-- ``(A) $15 in the case of a dehumidifier which-- ``(i) is manufactured in calendar year 2008, and ``(ii) has a capacity less than or equal to 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012, and ``(B) $25 in the case of a dehumidifier which-- ``(i) is manufactured in calendar year 2008, and ``(ii) has a capacity greater than 45 pints per day and is 7.5 percent more efficient than such conservation standard. ``(c) Eligible Production.--The eligible production in a calendar year with respect to each type of qualified energy efficient appliance is the excess of-- ``(1) the number of appliances of such type which are produced by the taxpayer for sale within the United States during such calendar year, over ``(2) the average number of appliances of such type which were produced by the taxpayer (or any predecessor) for sale within the United States during the preceding 2-calendar year period. ``(d) Types of Qualified Energy Efficient Appliances.--For purposes of this section, the types of qualified energy efficient appliances are-- ``(1) dishwashers described in subsection (b)(1), ``(2) clothes washers described in subsection (b)(2), ``(3) refrigerators described in subsection (b)(3), and ``(4) dehumidifiers described in subsection (b)(4). ``(e) Limitations.-- ``(1) Aggregate credit amount allowed.--Except as provided in paragraph (2), the aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $100,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years beginning after December 31, 2007. ``(2) Amount allowed for certain clothes washers and refrigerators.--For purposes of paragraph (1), clothes washers described in subsection (b)(2)(D) and refrigerators described in subsection (b)(3)(D) shall not be taken into account. ``(3) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined beginning after December 31, 2007. ``(4) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(f) Definitions.--For purposes of this section: ``(1) Dishwasher.--The term `dishwasher' means a dishwasher subject to the energy conservation standards established by the Department of Energy. ``(2) Clothes washer.--The term `clothes washer' includes a clothes washer subject to the energy conservation standards established by the Department of Energy. ``(3) Top-loading clothes washer.--The term `top-loading clothes washer' means a clothes washer with the clothes container compartment access located on the top of the machine. ``(4) Refrigerator.--The term `refrigerator' means an automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet. ``(5) Dehumidifier.--The term `dehumidifier' means a self- contained, electrically operated, and mechanically refrigerated encased assembly consisting of-- ``(A) a refrigerated surface that condenses moisture from the atmosphere, ``(B) a refrigerating system, including an electric motor, ``(C) an air-circulating fan, and ``(D) means for collecting or disposing of condensate. ``(6) Gallons per cycle.--The term `gallons per cycle' means the amount of water, expressed in gallons, required to complete a normal cycle of a dishwasher. ``(7) MEF.--The term `MEF' means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standard. ``(8) Water consumption factor.--The term `water consumption factor' means the quotient of the total weighted per-cycle water consumption divided by the cubic foot capacity of the clothes washer. ``(9) 2001 energy conservation standard.--The term `2001 energy conservation standard' means the energy conservation standards promulgated by the Department of Energy and effective July 1, 2001. ``(g) Special Rules.--For purposes of this section: ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. ``(2) Controlled group.-- ``(A) In general.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single producer. ``(B) Inclusion of foreign corporations.--For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(3) Verification.--No amount shall be allowed as a credit under subsection (a) with respect to which the taxpayer has not submitted such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary.''. (b) Credit Allowed Against the Alternative Minimum Tax.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 (relating to specified credits) is amended-- (1) by striking ``and'' at the end of clause (i), (2) by striking the period at the end of clause (ii)(II) and inserting ``, and'', and (3) by adding at the end the following new clause: ``(iii) for taxable years beginning after December 31, 2007, the credit determined under section 45M.''. (c) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2007.", "summary": "Super-Efficient Appliance Incentives and Market Transformation Act of 2007 - Amends the Internal Revenue Code to modify the applicable amount of the tax credit for energy efficient appliances (i.e., dishwashers, clothes washers, refrigerators, and dehumidifiers that restrict water and energy consumption) produced after 2007."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Primary Care Workforce Access Improvement Act of 2011''. SEC. 2. MEDICARE PRIMARY CARE GRADUATE MEDICAL EDUCATION PILOT PROJECT. (a) Establishment.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall conduct a pilot project under the Medicare program under title XVIII of the Social Security Act, in accordance with the provisions of this section, to test models for providing payment under such title for direct graduate medical education and indirect medical education to medical education entities, which entities are not otherwise eligible to receive such payments under the Medicare program, for the costs of training primary care residents. (b) Duration.--The Secretary shall conduct the pilot project under this section over a 5-year period, which shall begin not later than 180 days after the date of the enactment of this Act. (c) Models.-- (1) Required models.--Under the pilot project, the Secretary shall test two of each of the following models: (A) A model in which the medical education entity receiving funds under the pilot project is a community- based independent corporate entity collaborating with two or more hospitals to operate one or more primary care graduate medical residency training programs. (B) A model in which-- (i) the medical education entity receiving funds under the pilot project is established by two or more hospitals to operate one or more primary care graduate medical residency training programs; and (ii) such hospitals may be the sole corporate members of the entity but the governing board of the entity shall include at least one community representative. (C) A model in which the medical education entity receiving funds under the pilot project is a hospital subsidiary or independent corporation that operates one or more primary care graduate medical residency training programs for a hospital with community participation in the governance of the subsidiary or corporation. (D) A model in which-- (i) the medical education entity receiving funds under the pilot project is independent of any hospital but collaborates with a hospital in operating one or more primary care graduate medical residency training programs; and (ii) the medical education entity may include a university or school of medicine. (2) Additional models.--Under the pilot project, the Secretary may test models of medical education entities in addition to those described in paragraph (1). (d) Prioritization.--Under the pilot project, the Secretary of Health and Human Services may give priority to testing models that demonstrate the capability of improving the quality, quantity, and distribution of primary care physicians, including the ability to enhance primary care delivery in rural and underserved areas. (e) Payments.-- (1) Payments to medical education entities.--Under the pilot project, the Secretary shall establish a process under which payments are made to each medical education entity participating under such project for direct graduate medical education and indirect medical education costs with respect to primary care residents enrolled under a primary care graduate medical residency training program operated pursuant to a model of such entity under subsection (c) instead of any payment or adjustment that would otherwise be made to a participant hospital (as defined in subsection (m)) of such entity for indirect and direct graduate medical education costs under subsections (d)(5)(B) and (h) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) during the period of participation of such entity in such project. (2) Calculation of payments.--Payments to a medical education entity under the pilot project, with respect to a primary care graduate medical education residency program, for a cost reporting period during which the entity is participating in such pilot shall be, based on the most recently available data with respect to a previous cost reporting period, equal to the sum of the following: (A) Direct gme.--The amount that, out of all of the payment amounts (determined on a per resident basis) received by hospitals under section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) for such previous cost reporting period, is equal to the 95th percentile of such payment amounts. (B) Indirect gme.--The amount that, out of all of the additional payment amounts (determined on a per resident basis) received by hospitals under section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) for such previous cost reporting period, is equal to the 95th percentile of such payment amounts. (3) Additional payments for programs serving underserved areas.--Payments in addition to the payments described in paragraph (2) may be made under the pilot project for primary care graduate medical residency training programs that-- (A) operate in sites and areas that are underserved by primary care physicians; or (B) change their training sites to include those areas. (4) Payments from medicare trust funds.--In providing for such payments under this subsection to medical education entities, the Secretary shall provide for an allocation of such payments between part A and part B (and the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t)) in the same manner as the Secretary provides for an allocation of payments under subsections (d)(5)(B) and (h), respectively, of section 1886 of such Act (42 U.S.C. 1395ww). (f) Uses of Payments.-- (1) In general.--A medical education entity receiving payments under the pilot project shall use such payments for the training of primary care residents, including training activities in appropriate inpatient and outpatient settings in primary care graduate medical residency training programs accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association and for all relevant topics including patient care, care management, working in teams, supervision, and quality improvement. (2) Limitations.--Payments shall only be made for training primary care residents up to the initial board certification of such residents, except that with respect to training in geriatric medicine, payments may also be made for a fellowship after initial board certification. (g) Expansion During Pilot Project.--A medical education entity receiving funds under the pilot project, with respect to a primary care graduate medical residency training program, shall be allowed to increase by up to 50 percent the number of full-time equivalent primary care residents enrolled in the such program (determined in accordance with the process under subsection (d)(2)(A)(ii)) during the duration of the participation of such entity in such project. (h) Treatment After Project.-- (1) In general.--Subject to paragraphs (2) and (3), after the last day of the pilot project, which may be extended at the discretion of the Secretary, any participant hospital of a medical education entity under the pilot project, shall receive payments under subsection (d)(5)(B) and (h) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) in the same manner and to the same extent such hospital would receive such payments without application of this Act and such payments shall be calculated based on the number of full-time equivalent residents enrolled in such program without regard to any increase made pursuant to subsection (g). (2) Exception to ensure residents enrolled during pilot are able to complete training.--Subject to paragraph (3), a medical education entity receiving funds under the pilot project, with respect to a primary care graduate medical residency training program, shall continue to receive funding under this section (even after the last day of the project), with respect to each primary care resident who is enrolled under such program while the entity is participating in such project, to the extent and in such amounts necessary to allow for the full duration of training, subject to subsection (f)(2), of such primary care resident. Any such payments made pursuant to this subparagraph shall be deemed to be a payment made under the pilot project. (3) Limitation.--In no case may the total duration of the pilot project exceed seven years and in no case may payments be made under this section to a medical education entity for a period exceeding seven years. (i) Budget Neutrality.--For each year that the pilot project under this section is being conducted (and for any subsequent year to the extent subsection (h)(2) applies), the Secretary shall reduce payments under subsections (d)(5)(B) and (h) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) by such amount as the Secretary determines to be necessary to ensure that carrying out the pilot project under this section during such year does not result in expenditures under title XVIII of the Social Security Act for such year that exceed the amount of such expenditures that would have been made for such year without application of this section. (j) Waiver Authority.--The Secretary may waive such requirements of titles XI and XVIII of the Social Security Act as may be necessary to carry out the purpose of the pilot project under this section. (k) Report to Congress.--The Secretary is authorized to enter into an agreement with the Institute of Medicine to conduct a study on the results of the pilot project. Such agreement shall provide for the Institute of Medicine to submit, not later than 1 year after the completion of the pilot project under this section (or, if sooner, January 1, 2019), to Congress a report on the results of such study, including-- (1) a detailed analysis of the effects of the pilot, including the quality, quantity, and distribution of primary care physicians during and after the pilot project compared to the quality, quantity, and distribution of such physicians before the pilot project; and the governance, administration and financial strength of the medical educational entities that participated in the pilot project; (2) recommendations on the extent to which the pilot project should be expanded to all primary care residents; and (3) recommendations for such legislation and administrative actions as needed. (l) Expansion.--If the Secretary determines that any of the models tested under the pilot project under this section enhance the quality, quantity, and distribution of primary care physicians for Medicare beneficiaries, the Secretary may initiate comparable primary care training projects. (m) Definitions.--For purposes of this section: (1) Direct graduate medical education costs; indirect graduate medical education costs.--The terms ``direct graduate medical education costs'' and ``indirect graduate medical education'' have the meanings given such terms for purposes of subsections (h) and (d)(5)(B), respectively, of section 1886 of the Social Security Act (42 U.S.C. 1395ww). (2) Medical education entity.--The term ``medical education entity'' means a corporate, nonprofit, or academic entity that has as its principal mission the education and training of primary care residents. (3) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title. (4) Participant hospital.--The term ``participant hospital'' means, with respect to a medical education entity, any hospital that establishes, is collaborating with, a component of, or otherwise associated with, such entity to operate a primary care graduate medical residency training program under a model described in subsection (c). (5) Primary care graduate medical residency training program.--The term ``primary care graduate medical residency training program'' means an approved medical residency training program (as defined in section 1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A))) for training primary care residents. (6) Primary care resident.--The term ``primary care resident'' means a resident enrolled in an approved medical residency training program in family medicine, general internal medicine, general pediatrics, or geriatric medicine.", "summary": "Primary Care Workforce Access Improvement Act of 2011 - Directs the Secretary of Health and Human Services (HHS) to conduct a pilot project under title XVIII (Medicare) of the Social Security Act to test models for providing payment for direct graduate medical education (GME) and indirect medical education (IME) to medical education entities (MEEs), not otherwise eligible to receive such payments, for the costs of training primary care residents. Requires testing of two of the following model MEEs: (1) a community-based independent corporate entity collaborating with two or more hospitals to operate one or more primary care graduate medical residency training programs (training hospitals); (2) a MEE, with at least one community representative on its board, which is established by two or more training hospitals which may be the sole corporate members of the MEE; (3) a hospital subsidiary or independent corporation, with community participation in its governance, that operates one or more training programs for a hospital; or (4) a MEE (including a university or school of medicine) independent of any hospital but collaborating with one in operating one or more primary care graduate medical residency training programs."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Library Innovation Space Act''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Subsection (a) of section 214 of the Museum and Library Services Act (20 U.S.C. 9123(a)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) to carry out chapter 5, $10,000,000 for each of fiscal years 2018 through 2022.''. SEC. 3. PUBLIC LIBRARY MAKERSPACE GRANTS. Subtitle B of title II of the Museum and Library Services Act (20 U.S.C. 9101 et seq.) is amended by adding at the end the following: ``CHAPTER 5--PUBLIC LIBRARY MAKERSPACE GRANT PROGRAM ``SEC. 265. PUBLIC LIBRARY MAKERSPACE GRANT PROGRAM. ``(a) Program Authorized.--From the amounts provided under section 214(a)(3), the Director shall carry out a program under which the Director makes grants, on a competitive basis, to eligible partnerships to establish makerspaces at public libraries. ``(b) Applications.--To be considered for a grant under this section, an eligible partnership shall submit an application to the Director at such time, in such manner, and containing such information and assurances as the Director may require. ``(c) Selection of Grantees.--In selecting eligible partnerships to receive grants under this section, the Director shall consider-- ``(1) the viability of the partnership making the application; ``(2) the ability of the partnership to meet the matching requirement described in subsection (d); ``(3) the potential of the project to provide social and economic benefits to the local community; ``(4) the support of local communities, government, and partners for the project; ``(5) the project's potential for strengthening the involvement of diverse and underserved communities in entrepreneurship and economic development; and ``(6) the ability of the project to continue after the end of the grant period. ``(d) Matching Requirement.-- ``(1) In general.--Except as provided in paragraph (2), an eligible partnership shall contribute, for the activities for which the grant was awarded under this section, non-Federal matching funds in an amount equal to the amount of the grant. ``(2) Waiver.--The Director may waive the requirement of paragraph (1) for any eligible partnership that the Director determines does not have adequate resources to meet such requirement. ``(e) Reports.--Not less frequently than once annually, the Director shall submit to Congress a report that includes-- ``(1) a description of the activities carried out with grants under this section; and ``(2) an assessment of the effect of the grant program on community economic development. ``(f) Treatment of Makerspaces.--The use of a makerspace supported by a grant under this section shall not be treated as a private business use under section 141(b) of the Internal Revenue Code of 1986. ``(g) Prohibition on Construction Activities.--An eligible partnership that receives a grant under this section may not use grant funds, or matching funds contributed by the partnership under subsection (d), for construction activities at a public library that would provide extra square footage to house a makerspace. ``(h) Definitions.--In this section: ``(1) Eligible partnership.--The term `eligible partnership' means a partnership that includes a public library and-- ``(A) an economic development corporation; ``(B) a local government; ``(C) a State government; ``(D) an elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); ``(E) a museum; ``(F) an institution of higher education (as such term is defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); ``(G) a nonprofit organization; ``(H) a corporation; ``(I) other entities identified by the Director; or ``(J) a combination of entities described in any of subparagraphs (A) through (I). ``(2) Makerspace.--The term `makerspace' means a facility (which may be a facility at a fixed location or a mobile unit) that is open to the public and provides individuals with access to-- ``(A) tools, technology, and educational resources that are designed to enable such individuals to create physical goods, including prototypes; and ``(B) educational opportunities, including vocational training and assistance with early-stage business ventures.''.", "summary": "Public Library Innovation Space Act This bill requires the National Museum and Library Services Board to carry out a program for making competitive grants to eligible partnerships (composed of a public library and an economic development corporation, a local government, a state government, an elementary or secondary school, a museum, an institution of higher education, a nonprofit organization, a corporation, and/or other entities identified by the Board) to establish makerspaces at public libraries. A makerspace is a facility (which may be at a fixed location or a mobile unit) that is open to the public and provides individuals with access to: (1) tools, technology, and educational resources designed to enable such individuals to create physical goods, including prototypes; and (2) educational opportunities, including vocational training and assistance with early-stage business ventures. A partnership must contribute, for the activities for which the grant was awarded, nonfederal matching funds equal to the grant amount. Each eligible partnership that receives a grant may not use its grant funds, or the matching funds contributed by it, for construction activities at a public library that would provide extra square footage to house a makerspace."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``American Samoa Economic Development Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) funding for the United States territory of American Samoa has been based on the joint resolution entitled ``Joint Resolution to provide for accepting, ratifying, and confirming cessions of certain islands of the Samoan group to the United States, and for other purposes'', as amended (48 U.S.C. 1661), with commitments being made on a yearly basis; (2) American Samoa is locally self-governing with a constitution of its own adoption and the direct election of the Governor since 1977; (3) the territory of American Samoa has had difficulty in planning and implementing comprehensive and sustainable infrastructure based solely on annual ad hoc grants; and (4) the territory of American Samoa and the United States would benefit from a multiyear funding commitment which promotes economic development and self-sufficiency and requires compliance with financial management accounting standards, the establishment of semiautonomous public utility authorities utilizing cost-recovery principles, and the phaseout of Federal subsidies for Government operations. SEC. 3. AUTHORIZATION OF FUNDING. (a) In General.--There are authorized to be appropriated to the Secretary of the Interior for the Government of American Samoa $34,500,000, backed by the full faith and credit of the United States, for each of fiscal years 1996 through 2005. Such amounts shall, subject to the limits specified in the table in subsection (b), be used for-- (1) construction of capital assets of American Samoa; (2) maintenance and repair of such capital assets; (3) the operations of the Government of American Samoa; and (4) reduction of unbudgeted debt incurred by the Government of American Samoa in fiscal years prior to 1996. (b) Table of Multiyear Funding.--The table referred to in this subsection is as follows: ---------------------------------------------------------------------------------------------------------------- Deficit Maintenance Fiscal year Year # Operations Construction reduction and repair Total (100% match) (100% match) ---------------------------------------------------------------------------------------------------------------- 1996............................... 1 23.0 5.5 3.0 3.0 34.5 1997............................... 2 23.0 5.5 3.0 3.0 34.5 1998............................... 3 23.0 5.5 3.0 3.0 34.5 1999............................... 4 21.0 7.5 3.0 3.0 34.5 2000............................... 5 18.0 10.5 3.0 3.0 34.5 2001............................... 6 15.0 16.5 3.0 34.5 2002............................... 7 12.0 19.5 3.0 34.5 2003............................... 8 9.0 22.5 3.0 34.5 2004............................... 9 6.0 25.5 3.0 34.5 2005............................... 10 3.0 28.5 3.0 34.5 ---------------------------------------------------------------------------------------------------------------- (c) Multiyear Availability of Appropriations.--Amounts not expended in the year appropriated shall remain available until expended. SEC. 4. ESTABLISHMENT OF TRUST. (a) In General.--The Government of American Samoa shall establish a trust into which the amounts appropriated pursuant to section 3 are placed. (b) Trustee.-- (1) In general.--A trustee to administer the trust established by this section shall be nominated by the Governor of American Samoa and passed by both Houses of the Legislature of American Samoa pursuant to local law and shall be a nongovernmental entity, bonded in an amount no less than 110 percent of the maximum amount of funds which will be held in trust during any given fiscal year (hereafter in this Act referred to as the ``trustee''). The trustee shall not be the independent auditor required by section 7. (2) Replacement.--The trustee may be terminated only by mutual agreement, or at the end of its contract for services as trustee, or for good cause. Termination of a trustee for good cause must be recommended by the Governor of American Samoa and approved by both Houses of the Legislature of American Samoa. (3) Other terms and conditions.--The trustee shall be subject to such other conditions as the Government of American Samoa may provide under local law. (c) Trust Funds.-- (1) Deposit; investment.--The trust funds shall be deposited in an account or accounts of a financial institution insured by the Federal Deposit Insurance Corporation, and may be invested by the Government of American Samoa, or the trustee if so designated, in only federally insured accounts or issues of bonds, notes or other redeemable instruments of the Government of the United States. (2) Use of interest and dividends.--Interest or dividends earned from investment of trust funds under paragraph (1) may be used for projects contained on the approved master plan of capital needs developed under section 5, or for the costs of managing the trust. (3) Availability and use of federal funds.--Federal funds made available for the purposes described in section 3(a)(1) may be used only on projects from the approved master plan of capital needs. (d) Reports.--Within 90 days after the end of each fiscal year, the trustee shall submit an annual report to the chairmen and ranking minority members of the Committee on Energy and Natural Resources and the Committee on Appropriations of the United States Senate, the Committee on Resources and the Committee on Appropriations of the United States House of Representatives, and the Government of American Samoa. The report shall include at a minimum the financial statements of the account or accounts in which it holds trust funds pursuant to this Act. SEC. 5. USES OF TRUST FUNDS. (a) Capital Needs.-- (1) Master plan of capital needs.--For fiscal year 1997 and all following years, no funds appropriated pursuant to this Act shall be released by the trustee for construction of capital assets without the submission by the Government of American Samoa to the trustee of a master plan of capital needs that ranks projects in order of priority for at least five years. The master plan shall be approved by the Governor and passed by both Houses of the Legislature of American Samoa pursuant to such laws as the Government of American Samoa may enact. The master plan of capital needs may be amended at any time, but all amendments must be approved by the Governor and passed by both Houses of the Legislature of American Samoa. The plan shall include the capital needs of all the islands of American Samoa. (2) Funds for construction of capital assets.--Funds for the construction of capital assets shall be paid to the Government of American Samoa only after approval by the trustee. The trustee shall approve the release of funds only for construction projects for a public purpose in the areas of communications, electrical power, water, waste water, roads, schools, school transportation system, air, water and surface transportation, ports, harbors, storage and transportation facilities of fuels or other forms of energy, health, and construction of government-owned buildings. Funding made available pursuant to section 3(a)(1) for construction of capital assets may only be used for projects listed on the master plan of capital needs as set forth in this section. To the extent an appropriation is available, the projects contained on the master list with the highest priority are to be funded. (3) Requirement of semiautonomous agencies.--Beginning with fiscal year 1997, no funds for the construction of capital assets shall be released by the trustee in the areas of communications, electrical power, public health, transportation, water, and wastewater until there is established by local law semiautonomous government agencies of the Government of American Samoa. (4) Maintenance plan and funding.--For fiscal years 1997 and all following years, no funds appropriated pursuant to this Act shall be released by the trustee for the construction of capital assets until the Government of American Samoa, or the appropriate semiautonomous government agency if required, submits to the trustee a maintenance plan covering the anticipated life of the project and the project is initially funded. The maintenance plan shall include the estimated cost of maintaining and repairing the project and identify a source to fund the estimated maintenance and repairs for the anticipated life of the project. The initial funding for this maintenance plan shall be in the amount of 10 percent of the cost of the project. Federal funds made available for the purposes described in section 3(a)(2) may be used for one-half of the initial funding. Other Federal funds made available pursuant to this Act may not be used for this purpose. Funds set aside pursuant to this paragraph may be used for the maintenance and repair of any capital asset within the purview of the government or the appropriate semiautonomous agency. (b) Debt Reduction.--Any funding made available pursuant to section 3(a)(4) used to reduce the unbudgeted debt of the Government of American Samoa must be matched, on a dollar for dollar basis, by funds provided by the Government of American Samoa from revenue raised from non-Federal sources. (c) Maintenance and Repair.--Any funding made available pursuant to section 3(a)(2) used for the maintenance or repair of the capital assets of the Government of American Samoa must be matched, on a dollar for dollar basis, by funds provided by the Government of American Samoa from revenue raised from non-Federal sources. (d) Prohibited Uses of Funds.--Neither the funds appropriated pursuant to this Act, nor any interest or dividends earned on those funds may be transferred to other accounts, or loaned to other accounts or agencies; nor may these funds, interest or dividends be used as collateral for loans made by the local government. SEC. 6. DISBURSEMENT OF TRUST FUNDS. (a) Operations.--Trust funds to be used for the operations of the Government of American Samoa shall be disbursed in equal amounts on a monthly basis, on the first business day of each month of the fiscal year. An extra drawdown may be made once each fiscal year in an amount not to exceed ten percent of the amounts appropriated for the fiscal year for the purposes of section 3(a)(3), and only for purposes caused by extreme or national emergencies deemed unforeseeable by the trustee. (b) Construction.--Trust funds to be used for the construction of capital assets shall be released by the trustee-- (1) to the Government of American Samoa, only upon completion of identifiable portions of the construction work if the work is performed by employees of the Government of American Samoa, or (2) a bona fide contractor of the Government of American Samoa pursuant to the terms of a construction contract, on an invoice presented to the Government of American Samoa and approved by an appropriate official of the Government of American Samoa. (c) Debt Reduction; Maintenance Repair.--Trust funds to be used for unbudgeted debt reduction or maintenance and repair made available under sections 3(a)(2) and 3(a)(4) shall be released by the trustee on submission by the Government of American Samoa of proof of payment from non-Federal sources for either debt reduction, maintenance, or repair, and proof acceptable to the trustee of an obligation due and owing for the appropriate category. SEC. 7. AUDITS. (a) In General.--Beginning with fiscal year 1996, the Government of American Samoa must obtain, at its own expense, a comprehensive financial audit meeting the requirements of chapter 75 of title 31, United States Code, and subtitle A of title 43, Code of Federal Regulations, and upon which an independent auditor expresses an opinion that the financial statements of the Government of American Samoa present fairly, in all material respects, the financial position of the Government of American Samoa, and were prepared in conformity with generally accepted accounting principles. The audit shall include the funds held in trust pursuant to this Act. (b) Submission of Audit Report to United States.--Reports of audits required in this section shall be transmitted by the Governor of American Samoa to the chairmen and ranking members of the Committee on Energy and Natural Resources and the Committee on Appropriations of the United States Senate, and the Committee on Resources and the Committee on Appropriations of the United States House of Representatives within 180 days of the end of each fiscal year for which the United States provides funding under this Act. (c) Failure To Obtain Audit.--In the event the Government of American Samoa does not obtain the audit within the time required by this section, the trustee shall not disburse additional funds pursuant to section 3(a)(3) for the operations of the Government of American Samoa until such time as a qualifying audit is received and the report of that audit is forwarded as required by this section. Notwithstanding the preceding sentence, one emergency disbursement may be made per year under the provisions of section 6 of this Act, even if a qualifying audit report is not obtained. SEC. 8. AUTHORITY OF UNITED STATES TO AUDIT. The Comptroller General of the United States and the Inspector General of the Department of the Interior shall have the authority to conduct audits of all funds of all branches and semiautonomous authorities of the Government of American Samoa. Nothing in this Act shall be construed to restrict the authority of these or other Federal agencies to audit government funds as authorized by Federal law. SEC. 9. SETTLEMENT OF DISPUTES. The High Court of American Samoa is authorized to resolve disputes which arise under this Act pursuant to its rules of procedure.", "summary": "American Samoa Economic Development Act of 1995 - Authorizes appropriations to the Secretary of the Interior for the Government of American Samoa for FY 1996 through 2005 to be used for: (1) construction, maintenance, and repair of American Samoa's capital assets; (2) operations of the Government of American Samoa; and (3) reduction of unbudgeted debt incurred by the Government of American Samoa in fiscal years prior to 1996. Requires amounts appropriated to be placed in a trust administered by a nongovernmental entity. Prohibits the release of funds for the construction of capital assets for FY 1997 and following years until: (1) the Government of American Samoa submits to the trustee a master plan of capital needs that ranks projects in order of priority for at least five years; and (2) such Government submits to the trustee a maintenance plan covering the anticipated life of the project and the project is initially funded. Approves the release of funds only for construction projects for specified public purposes. Prohibits the release of such funds, beginning in FY 1997, in the areas of communications, electrical power, public health, transportation, water, and wastewater until semiautonomous government agencies of the Government of American Samoa are established by local law. Requires funding provided to reduce the unbudgeted debt and for maintenance or repair of capital assets to be matched by non-Federal sources. Prohibits funds appropriated pursuant to this Act from being transferred to other accounts, loaned to other accounts or agencies, or used as collateral for loans made by the local government. Sets forth conditions on the release of trust funds to be used for construction of capital assets, debt reduction, and maintenance or repair. Requires the Government of American Samoa to obtain and submit an annual audit of its financial position to specified congressional committees. Withholds funds for government operations until a qualifying audit is received and reported. Authorizes the Comptroller General and the Inspector General to conduct audits of all funds of branches and semiautonomous authorities of the Government of American Samoa."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Flexibility Act of 1996''. SEC. 2. COMPENSATORY TIME. Subsection (o) of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended-- (1) by striking paragraphs (1) through (5) and inserting the following: ``(1) An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section. ``(2) An employer may provide compensatory time under paragraph (1) only-- ``(A) pursuant to-- ``(i) applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the employer and representatives of such employees, or ``(ii) in the case of employees who are not represented by a collective bargaining agent or other representative designated by the employee, an agreement or understanding arrived at between the employer and employee before the performance of the work if such agreement or understanding was entered into knowingly and voluntarily by such employee; ``(B) in the case of an employee who is not an employee of a public agency, if such employee has affirmed, in a written or otherwise verifiable statement that is made, kept, and preserved in accordance with section 11(c), that the employee has chosen to receive compensatory time in lieu of overtime compensation; and ``(C) if the employee has not accrued compensatory time in excess of the limit applicable to the employee prescribed by paragraph (4) or (5). In the case of employees described in subparagraph (A)(ii) who are employees of a public agency and who were hired before April 15, 1986, the regular practice in effect on such date with respect to compensatory time off for such employees in lieu of the receipt of overtime compensation, shall constitute an agreement or understanding described in such subparagraph. Except as provided in the preceding sentence, the provision of compensatory time off to employees of a public agency for hours worked after April 14, 1986, shall be in accordance with this subsection. An employer may provide compensatory time under paragraph (1) to an employee who is not an employee of a public agency only if such agreement or understanding was not a condition of employment. ``(3) An employer which is not a public agency and which provides compensatory time under paragraph (1) to employees shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of-- ``(A) interfering with such employee's rights under this subsection to request or not request compensatory time off in lieu of payment of overtime compensation for overtime hours; or ``(B) requiring any employee to use such compensatory time. ``(4)(A) An employee, who is not an employee of a public agency, may accrue not more than 240 hours of compensatory time. ``(B)(i) Not later than January 31 of each calendar year, the employee's employer shall provide monetary compensation for any compensatory time off accrued during the preceding calendar year which was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer's employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period. ``(ii) The employer may provide monetary compensation for an employee's unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days notice. Such compensation shall be provided at the rate prescribed by paragraph (6). ``(iii) An employer which has adopted a policy offering compensatory time to employees may discontinue such policy upon giving employees 30 days notice. An employee who is not an employee of a public agency may withdraw an agreement or understanding described in paragraph (2)(A)(ii) at any time. ``(C) An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued which has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6). ``(5)(A) If the work of an employee of a public agency for which compensatory time may be provided included work in a public safety activity, an emergency response activity, or a seasonal activity, the employee engaged in such work may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If such work was any other work, the employee engaged in such work may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986. Any such employee who, after April 15, 1986, has accrued 480 or 240 hours, as the case may be, of compensatory time off shall, for additional overtime hours of work, be paid overtime compensation. ``(B) If compensation is paid to an employee described in subparagraph (A) for accrued compensatory time off, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. ``(6)(A) An employee of an employer which is not a public agency who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time at a rate of compensation not less than-- ``(i) the average regular rate received by such employee during the period during which the compensatory time was accrued, or ``(ii) the final regular rate received by such employee, whichever is higher. ``(B) An employee of an employer which is a public agency who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time at a rate of compensation not less than-- ``(i) the average regular rate received by such employee during the last 3 years of the employee's employment, or ``(ii) the final regular rate received by such employee, whichever is higher. ``(C) Any payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation. ``(7) An employee-- ``(A) who has accrued compensatory time off authorized to be provided under paragraph (1), and ``(B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer.''; and (2) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively. SEC. 3. REMEDIES. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b), by striking ``(b) Any employer'' and inserting ``(b) Except as provided in subsection (f), any employer''; and (2) by adding at the end the following: ``(f) An employer which is not a public agency and which violates section 7(o)(3) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(o)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.''. SEC. 4. NOTICE TO EMPLOYEES. Not later than 30 days after the date of the enactment of this Act, the Secretary of Labor shall revise the materials the Secretary provides, under regulations published at 29 C.F.R. 516.4, to employers for purposes of a notice explaining the Fair Labor Standards Act of 1938 to employees so that such notice reflects the amendments made to such Act by this Act. Passed the House of Representatives July 30, 1996. Attest: ROBIN H. CARLE, Clerk.", "summary": "Working Families Flexibility Act of 1996 - Amends the Fair Labor Standards Act of 1938 (FLSA) to provide for compensatory time for all employees. Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. Allows an employer to provide such compensatory time only: (1) pursuant to an agreement with employee representatives, or, where there are no designated representatives, with the employee if such agreement was entered into knowingly and voluntarily; (2) if a private employee has affirmed, in a verifiable statement, the choice of receiving compensatory time in lieu of overtime pay; and (3) if the employee has not accrued compensatory time in excess of applicable limits. Sets forth special rules relating to public employees. Prohibits employer coercion of employees for the purpose of: (1) interfering with their right to choose whether to request compensatory time off in lieu of overtime pay; or (2) requiring them to use compensatory time. Limits to not more than 240 hours the amount of compensatory time an employee may accrue (with specified exceptions for public agency employees). Requires payment of compensation at the prescribed regular rate for: (1) compensatory time accrued but not used in a calendar year or other designated 12-month period; and (2) unused compensatory time upon termination of employment. Allows an employer to provide monetary compensation at any time after giving the employee at least 30 days notice, at the prescribed regular rate, for an employee's unused compensatory time in excess of 80 hours. Allows an employee to request in writing that monetary compensation be provided at the prescribed regular rate, at any time, for all compensatory time accrued and not yet used. Requires employers to permit employees to use compensatory time within a reasonable period after employees request its use, if such use does not unduly disrupt employers' operations. Makes private employers who violate specified provisions of this Act liable to the employee affected in the amount of the rate of compensation for each hour of compensatory time accrued by the employee, and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee. Directs the Secretary of Labor to revise materials provided to employers for notices explaining FLSA to employees to reflect amendments made by this Act."}
{"article": "SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Rural Equity Payment Index Reform Act of 2003''. (b) Findings.--Congress makes the following findings: (1) Variations in the physician work adjustment factors under section 1848(e) of the Social Security Act (42 U.S.C. 1395w-4w(e)) result in a physician work payment inequity between urban and rural localities under the medicare physician fee schedule. (2) The amount the medicare program spends on its beneficiaries varies substantially across the country, far more than can be accounted for by differences in the cost of living or differences in health status. (3) Since beneficiaries and others pay into the program on the basis of income and wages and beneficiaries pay the same premium for part B services, these payments result in substantial cross-subsidies from people living in low payment States with conservative practice styles or beneficiary preferences to people living in higher payment States with aggressive practice styles or beneficiary preferences. (4) Congress has been mindful of these variations when it comes to capitation payments made to managed care plans under the Medicare+Choice program and has put in place floors that increase monthly payments by more than one-third in some of the lowest payment counties over what would otherwise occur. But this change addresses only a very small fraction of medicare beneficiaries who are presently enrolled in Medicare+Choice plans operating in low payment counties. (5) Unfortunately, Congress has only begun to address the underlying problem of substantial geographic variations in fee- for-service spending under traditional medicare. (6) Improvements in rural hospital payment systems under the medicare program help to reduce aggregate per capita payment variation as rural hospitals are in large part located in low payment counties. (7) Many rural communities have great difficulty attracting and retaining physicians and other skilled health professionals. (8) Targeted efforts to provide relief to rural doctors in low payment localities would further reduce variation by improving access to primary and tertiary services along with more equitable payment. (9) Geographic adjustment factors in the medicare program's resource-based relative value scale unfairly suppress fee-for- service payments to rural providers. (10) Actual costs are not presently being measured accurately and payments do not reflect the costs of providing care. (11) Unless something is done about medicare payment in rural areas, as the baby boom cohort ages into medicare, the financial demands on rural communities to subsidize care for their aged and disabled medicare beneficiaries will progress from difficult to impossible in another 10 years. (12) The impact on rural health care infrastructure will be first felt in economically depressed rural areas where the ability to shift costs is already limited. SEC. 2. PHYSICIAN FEE SCHEDULE WAGE INDEX REVISION. Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w- 4(e)(1)) is amended-- (1) in subparagraph (A), by striking ``subparagraphs (B) and (C)'' and inserting ``subparagraphs (B), (C), and (E)''; and (2) by adding at the end the following new subparagraph: ``(E) Floor for work geographic indices.-- ``(i) In general.--Notwithstanding the work geographic index otherwise calculated under subparagraph (A)(iii), in no case may the work geographic index applied for payment under this section be less than-- ``(I) 0.976 for services furnished during 2004; ``(II) 0.987 for services furnished during 2005; ``(III) 0.995 for services furnished during 2006; and ``(IV) 1.000 for services furnished during 2007 and subsequent years. ``(ii) Exemption from limitation on annual adjustments.--The increase in expenditures attributable to clause (i) shall not be taken into account in applying subsection (c)(2)(B)(ii)(II).''.", "summary": "Rural Equity Payment Index Reform Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a minimum geographic cost-of-practice index value for physicians' services furnished under the Medicare program."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Up Government Act of 2011''. SEC. 2. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO LICENCES AND OTHER INTANGIBLE RIGHTS. Sections 1341 and 1343 of title 18, United States Code, are each amended by striking ``money or property'' and inserting ``money, property, or any other thing of value''. SEC. 3. VENUE FOR FEDERAL OFFENSES. Section 3237(a) of title 18, United States Code, is amended by inserting after ``begun, continued, or completed'' the following: ``or in any district in which an act in furtherance of an offense is committed''. SEC. 4. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE. Section 666(a) of title 18, United States Code, is amended by striking ``10 years'' and inserting ``20 years''. SEC. 5. PENALTY FOR SECTION 641 VIOLATIONS. Section 641 of title 18, United States Code, is amended by striking ``ten years'' and inserting ``20 years''. SEC. 6. BRIBERY AND GRAFT. Section 201 of title 18, United States Code, is amended-- (1) in subsection (b), by striking ``fifteen years'' and inserting ``20 years''; and (2) in subsection (c), by striking ``two years'' and inserting ``five years''. SEC. 7. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY OFFENSE. Section 641 of title 18, United States Code, is amended by inserting ``the District of Columbia or'' before ``the United States'' each place such term appears. SEC. 8. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES. Subparagraphs (A) and (B) of section 201(c)(1) of title 18, United States Code, are each amended by inserting ``the official's or person's official position or'' before ``any official act''. SEC. 9. CLARIFICATION OF DEFINITION OF ``OFFICIAL ACT''. Section 201(a)(3) of title 18, United States Code, is amended to read as follows: ``(3) the term `official act'-- ``(A) includes any act within the range of official duty, and any decision, recommendation, or action on any question, matter, cause, suit, proceeding, or controversy, which may at any time be pending, or which may by law be brought before any public official, in such public official's official capacity or in such official's place of trust or profit; ``(B) may be a single act, more than one act, or a course of conduct; and ``(C) includes a decision or recommendation that a government should not take action.''. SEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN CRIMES. (a) Directive to Sentencing Commission.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission forthwith shall review and amend its guidelines and its policy statements applicable to persons convicted of an offense under section 201, 641, 666, 1951, 1952, or 1962 of title 18, United States Code in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by guidelines and policy statements. (b) Requirements.--In carrying out this subsection, the Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect Congress's intent that the guidelines and policy statements reflect the serious nature of the offenses described in paragraph (1), the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses; (2) consider the extent to which the guidelines may or may not appropriately account for-- (A) the potential and actual harm to the public and the amount of any loss resulting from the offense; (B) the level of sophistication and planning involved in the offense; (C) whether the offense was committed for purposes of commercial advantage or private financial benefit; (D) whether the defendant acted with intent to cause either physical or property harm in committing the offense; (E) the extent to which the offense represented an abuse of trust by the offender and was committed in a manner that undermined public confidence in the Federal, State or local government; and (F) whether the violation was intended to or had the effect of creating a threat to public health or safety, injury to any person or even death; (3) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (4) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (5) make any necessary conforming changes to the sentencing guidelines; and (6) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. SEC. 11. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS PUBLIC CORRUPTION OFFENSES. (a) In General.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3302. Corruption offenses ``Unless an indictment is returned or the information is filed against a person within 10 years after the commission of the offense, a person may not be prosecuted, tried, or punished for a violation of, or a conspiracy or an attempt to violate the offense in-- ``(1) section 201 or 666; ``(2) section 1341 or 1343, when charged in conjunction with section 1346 and where the offense involves a scheme or artifice to deprive another of the intangible right of honest services of a public official; ``(3) section 1951, if the offense involves extortion under color of official right; ``(4) section 1952, to the extent that the unlawful activity involves bribery; or ``(5) section 1962, to the extent that the racketeering activity involves bribery chargeable under State law, involves a violation of section 201 or 666, section 1341 or 1343, when charged in conjunction with section 1346 and where the offense involves a scheme or artifice to deprive another of the intangible right of honest services of a public official, or section 1951, if the offense involves extortion under color of official right.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following new item: ``3302. Corruption offenses.''. (c) Application of Amendment.--The amendments made by this section shall not apply to any offense committed before the date of enactment of this Act. SEC. 12. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC CORRUPTION RELATED OFFENSES. (a) Solicitation of Political Contributions.--Section 602(a)(4) of title 18, United States Code, is amended by striking ``3 years'' and inserting ``10 years''. (b) Promise of Employment for Political Activity.--Section 600 of title 18, United States Code, is amended by striking ``one year'' and inserting ``10 years''. (c) Deprivation of Employment for Political Activity.--Section 601(a) of title 18, United States Code, is amended by striking ``one year'' and inserting ``10 years''. (d) Intimidation To Secure Political Contributions.--Section 606 of title 18, United States Code, is amended by striking ``three years'' and inserting ``10 years''. (e) Solicitation and Acceptance of Contributions in Federal Offices.--Section 607(a)(2) of title 18, United States Code, is amended by striking ``3 years'' and inserting ``10 years''. (f) Coercion of Political Activity by Federal Employees.--Section 610 of title 18, United States Code, is amended by striking ``three years'' and inserting ``10 years''. SEC. 13. ADDITIONAL RICO PREDICATES. (a) In General.--Section 1961(1) of title 18, United States Code, is amended-- (1) by inserting ``section 641 (relating to embezzlement or theft of public money, property, or records),'' after ``473 (relating to counterfeiting),''; (2) by inserting ``section 666 (relating to theft or bribery concerning programs receiving Federal funds),'' after ``section 664 (relating to embezzlement from pension and welfare funds),''; and (3) by inserting ``section 1031 (relating to major fraud against the United States)'' after ``section 1029 (relating to fraud and related activity in connection with access devices),''. (b) Conforming Amendments.--Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (1) by striking ``section 641 (relating to public money, property, or records),''; and (2) by striking ``section 666 (relating to theft or bribery concerning programs receiving Federal funds),''. SEC. 14. ADDITIONAL WIRETAP PREDICATES. Section 2516(1)(c) of title 18, United States Code, is amended-- (1) by inserting ``section 641 (relating to embezzlement or theft of public money, property, or records), section 666 (relating to theft or bribery concerning programs receiving Federal funds),'' after ``section 224 (bribery in sporting contests),''; and (2) by inserting ``section 1031 (relating to major fraud against the United States)'' after ``section 1014 (relating to loans and credit applications generally; renewals and discounts),''. SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION OF JUSTICE PROCEEDINGS. (a) In General.--Section 1512(i) of title 18, United States Code, is amended to read as follows: ``(i) A prosecution under section 1503, 1504, 1505, 1508, 1509, 1510, or this section may be brought in the district in which the conduct constituting the alleged offense occurred or in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected.''. (b) Perjury.-- (1) In general.--Chapter 79 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1624. Venue ``A prosecution under section 1621(1), 1622 (in regard to subornation of perjury under 1621(1)), or 1623 of this title may be brought in the district in which the oath, declaration, certificate, verification, or statement under penalty of perjury is made or in which a proceeding takes place in connection with the oath, declaration, certificate, verification, or statement.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 79 of title 18, United States Code, is amended by adding at the end the following: ``1624. Venue.''. SEC. 16. PROHIBITION ON UNDISCLOSED SELF-DEALING BY PUBLIC OFFICIALS. (a) In General.--Chapter 63 of title 18, United States Code, is amended by inserting after section 1346 the following new section: ``Sec. 1346A. Undisclosed self-dealing by public officials ``(a) Undisclosed Self-Dealing by Public Officials.--For purposes of this chapter, the term `scheme or artifice to defraud' also includes a scheme or artifice by a public official to engage in undisclosed self-dealing. ``(b) Definitions.--As used in this section: ``(1) Official act.--The term `official act'-- ``(A) includes any act within the range of official duty, and any decision, recommendation, or action on any question, matter, cause, suit, proceeding, or controversy, which may at any time be pending, or which may by law be brought before any public official, in such public official's official capacity or in such official's place of trust or profit; ``(B) may be a single act, more than one act, or a course of conduct; and ``(C) includes a decision or recommendation that a government should not take action. ``(2) Public official.--The term `public official' means an officer, employee, or elected or appointed representative, or person acting for or on behalf of the United States, a State, or a subdivision of a State, or any department, agency or branch of government thereof, in any official function, under or by authority of any such department, agency, or branch of government. ``(3) State.--The term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(4) Undisclosed self-dealing.--The term `undisclosed self-dealing' means that-- ``(A) a public official performs an official act for the purpose, in whole or in part, of benefitting or furthering a financial interest of-- ``(i) the public official; ``(ii) the spouse or minor child of a public official; ``(iii) a general business partner of the public official; ``(iv) a business or organization in which the public official is serving as an employee, officer, director, trustee, or general partner; or ``(v) an individual, business, or organization with whom the public official is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; and ``(B) the public official knowingly falsifies, conceals, or covers up material information that is required to be disclosed regarding that financial interest by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official, or knowingly fails to disclose material information regarding that financial interest in a manner that is required by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official.''. (b) Conforming Amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by inserting after the item relating to section 1346 the following new item: ``1346A. Undisclosed self-dealing by public officials.''. (c) Applicability.--The amendments made by this section apply to acts engaged in on or after the date of the enactment of this Act. SEC. 17. DISCLOSURE OF INFORMATION IN COMPLAINTS AGAINST JUDGES. Section 360(a) of title 28, United States Code, is amended-- (1) in paragraph (2) by striking ``or''; (2) in paragraph (3), by striking the period at the end, and inserting ``; or''; and (3) by inserting after paragraph (3) the following: ``(4) such disclosure of information regarding a potential criminal offense is made to the Attorney General, a Federal, State, or local grand jury, or a Federal, State, or local law enforcement agency.''. SEC. 18. CLARIFICATION OF EXEMPTION IN CERTAIN BRIBERY OFFENSES. Section 666(c) of title 18, United States Code, is amended-- (1) by striking ``This section does not apply to''; and (2) by inserting ``This subsection shall apply to the giving or receiving of `anything of value' that is corruptly solicited, demanded, accepted or agreed to be accepted in subsection (a)(1)(B) and corruptly given, offered, or agreed to be given in subsection (a)(2) shall not include'', before the words ``bona fide salary''. SEC. 19. CERTIFICATIONS REGARDING APPEALS BY UNITED STATES. Section 3731 of title 18, United States Code, is amended by inserting after ``United States attorney'' the following: ``, Deputy Attorney General, Assistant Attorney General, or the Attorney General''.", "summary": "Clean Up Government Act of 2011 - Amends the federal criminal code to revise and expand prohibitions against bribery, theft of public money, and other public corruption offenses. Expands mail and wire fraud statutes to cover offenses involving any other thing of value (e.g., intangible rights and licenses). Modifies general venue rules for criminal prosecutions to allow prosecutions in any district in which an act in furtherance of an offense is committed. Increases the maximum term of imprisonment from: (1) 10 to 20 years for theft or bribery involving federally-assisted programs; (2) 10 to 20 years for theft and embezzlement of federal money, property, or records; (3) 15 to 20 years for bribery of public officials; and (4) 2 to 5 years for providing gratuities because of an official's or person's official position or for any official act, or for bribery of a witness at a trial, hearing, or other proceeding before any court, any committee of Congress, or any U.S. agency, commission, or officer. Expands the definition of \"official act\" to include any act within the range of official duty, including any recommendation, which may be a single act, more than one act, or a course of conduct, and which may include a decision or recommendation that a government should not take action. Applies the prohibition against embezzlement or theft of federal money or property to government officials and employees of the District of Columbia. Directs the United States Sentencing Commission to review and amend its guidelines and policy statements relating to public corruption and racketeering offenses to reflect the intent of Congress that penalties for such offenses be increased. Establishes a 10-year limitation period for the prosecution of public corruption crimes involving bribery, extortion, theft of government property, mail fraud, and racketeering. Increases to 10 years the maximum term of imprisonment for: (1) solicitation by federal officers and employees of political contributions from other federal officers and employees, (2) promise of employment made possible by an Act of Congress for political activity, (3) deprivation of such employment for political activity, (4) intimidation to secure political contributions, (5) solicitation and acceptance of contributions in federal offices, and (6) coercion of political activity by federal employees. Includes embezzlement or theft of government money or property, and specified activity relating to major fraud against the United States, as predicates for racketeering prosecutions and wiretaps. Expands the types of perjury and obstruction of justice offenses for which venue lies in the district in which the official proceeding was intended to be affected or in which the conduct constituting the alleged offense occurred. Includes as a prohibited scheme or artifice to defraud any scheme or artifice by a public official to engage in undisclosed self-dealing, as defined in this Act. Amends the federal judicial code to permit the disclosure of information regarding a potential criminal offense by a judge to the Department of Justice (DOJ), a federal, state, or local grand jury, or federal, state, or local law enforcement agents. Permits the U.S. attorney, Deputy Attorney General, Assistant Attorney General, or the Attorney General (currently, only the U.S. attorney) to certify to the district court that an appeal by the United States is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Sunlight Act of 2012''. SEC. 2. ESTABLISHMENT AND OPERATION OF WEBSITE OF POLITICAL ADVERTISEMENTS. (a) Establishment of Website.--Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d) is amended by adding at the end the following new subsection: ``(e) Website for Contents of Political Advertisements.-- ``(1) Website described.-- ``(A) In general.--The Commission shall establish and operate a website, to be known as the `Campaign Accountability Site', through which members of the public may view the contents of political advertisements. ``(B) Format.--In operating the website under this subsection, the Commission shall-- ``(i) make the contents of a political advertisement available for viewing in the same format through which the advertisement was disseminated; and ``(ii) make the sources of the contents of the advertisement available on the website directly or through hyperlinks to the sources, as submitted to the Commission by the sponsor of the advertisement under paragraph (2)(B). ``(C) Hyperlink.--The Commission shall make the website established and operated under this subsection available through a hyperlink on the Commission's official public website. ``(2) Requiring sponsors of advertisements to provide contents to commission.-- ``(A) In general.--The sponsor of a political advertisement shall submit the contents of the advertisement to the Commission in such format as the Commission may require to enable the Commission to include the advertisement on the website established and operated under paragraph (1). ``(B) Inclusion of sources cited in contents.--If the contents of a political advertisement include references to any quotation, article, hyperlink, or other source for any statement made in the advertisement, the sponsor of the advertisement shall include the full contents of the source (or a hyperlink to the full contents of the source) in the contents submitted to the Commission under this paragraph. ``(C) Deadline for submission.--The sponsor of a political advertisement shall submit the contents of the advertisement to the Commission under subparagraph (A) not later than-- ``(i) 24 hours after the advertisement is disseminated, in the case of an advertisement that is disseminated during the 7-day period that ends on the date of the election involved; or ``(ii) 72 hours after the advertisement is disseminated, in the case of an advertisement that is disseminated during any other period. ``(D) Payment of fee.--If the Commission determines that it is appropriate to impose fees on the sponsors of political advertisements in amounts which do not exceed the amount necessary to cover the costs to the Commission of establishing and operating the website under paragraph (1), at the time the sponsor of a political advertisement submits the contents of the advertisement to the Commission under subparagraph (A), the sponsor shall pay the Commission the amount of any such fee (as determined under a fee schedule established by the Commission). ``(E) Sponsor defined.--For purposes of this subsection, the `sponsor' of a political advertisement is-- ``(i) in the case of a political advertisement that is described in paragraph (1) or (2) of subsection (a), the authorized political committee involved; or ``(ii) in the case of a political advertisement that is described in paragraph (3) of subsection (a), the person who is required under such paragraph to be identified as the person who paid for the advertisement. ``(3) Political advertisement defined.--In this subsection, a `political advertisement' means a communication that is subject to subsection (a) that refers to a clearly identified candidate and is disseminated during the 1-year period which ends on the date of the election for the office sought by the candidate.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to political advertisements disseminated after the expiration of the 120-day period that begins on the date of the enactment of this Act.", "summary": "Campaign Sunlight Act of 2012 - Amends the Federal Election Campaign Act of 1971 to direct the Federal Election Commission (FEC) to establish and operate a website (Campaign Accountability Site) through which members of the public may view the contents of political advertisements. Requires the sponsor of a political advertisement to submit its contents to the FEC in a format the FEC may require. Requires the format to make the sources of such contents available on the website directly or through hyperlinks to the sources. Requires the sponsor to submit an advertisement to the FEC within: (1) 24 hours after its dissemination, if it is disseminated during the 7 days before the election involved; or (2) 72 hours after dissemination during any other period."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Energy Investment Zone Act of 2009''. SEC. 2. INCREASE IN INCENTIVES RELATING TO ALTERNATIVE ENERGY PROPERTIES IN HIGH JOB-LOSS AREAS. (a) Investment Tax Credits (Other Than Qualified Facilities).-- Paragraph (2) of section 48(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(C) Special rule for energy property located in high job-loss zones.-- ``(i) In general.--In the case of any energy property placed in service in a green energy investment zone after the date of the enactment of this subparagraph, subparagraph (A) shall be applied-- ``(I) by substituting `40 percent' for `30 percent' in clause (i) thereof, and ``(II) by substituting `20 percent' for `10 percent' in clause (ii) thereof. ``(ii) Green energy investment zone.--For purposes of paragraph (1), the term `green energy investment zone' means an eligible city located within a high job-loss metropolitan statistical area or a high job-loss micropolitan statistical area. ``(iii) Eligible city.--For purposes of clause (i)-- ``(I) Metropolitan statistical area.--The term `eligible city' means, with respect to a metropolitan statistical area, any city in such area which has a population of at least 50,000. ``(II) Micropolitan statistical area.--The term `eligible city' means, with respect to a micropolitan statistical area, any city in such area which has a population of at least 10,000. For purposes of this subparagraph, population shall be determined using the 2000 census. ``(D) High-job loss.--For purposes of subparagraph (C)-- ``(i) In general.--The term `high-job loss' with respect to a metropolitan or a micropolitan statistical area, as the case may be, means an area designated by the Secretary as being among the lowest \\1/3\\ of all metropolitan or micropolitan statistical areas, as the case may be, on the basis of-- ``(I) the economic conditions referred to in clause (ii), ``(II) the residential economic well-being factors referred to in clause (iii), and ``(III) a comparison of changes from 1990 and 2000 (on the basis of the 1990 and 2000 censuses) regarding-- ``(aa) employment, ``(bb) wages, ``(cc) gross metropolitan product or gross micropolitan product, as the case may be, and ``(dd) gross metropolitan product per job or gross micropolitan product per job, as the case may be. ``(ii) Economic conditions.--The economic conditions referred to in this clause are growth in-- ``(I) employment, ``(II) annual payroll, and ``(III) business establishments. ``(iii) Residential economic well-being factors.--The residential economic well-being factors referred to in the clause are-- ``(I) per capita income, ``(II) median household income, ``(III) poverty rate, ``(IV) unemployment rate, and ``(V) labor force participation rate.''. (b) Election To Treat Qualified Facilities as Energy Property.-- Paragraph (5) of section 48(a) of such Code is amended by adding at the end the following: ``(E) Special rule for facilities located in high job-loss zones.--In the case of any qualified investment credit facility placed in service in a green energy investment zone (as defined in paragraph (2)(C)(ii)) after the date of the enactment of this subparagraph, subparagraph (A) shall be applied by substituting `40 percent' for `30 percent' in clause (ii) thereof.''. (c) Electricity Produced From Certain Renewable Resources, etc.-- Section 45 of such Code is amended by adding at the end the following: ``(f) Special Rule for Facilities Located in High Job-Loss Zones.-- In the case of electricity produced by a qualified facility placed in service in a high job loss metropolitan statistical area or micropolitan statistical area after the date of the enactment of this subsection, the amount in effect under subsection (a)(1) for a taxable year (without regard to this subsection) shall be increased by 0.5 cents. For the preceding sentence, the term `high job loss' with respect to a metropolitan statistical area and a micropolitan statistical area has the meaning given such term by section 48(a)(2)(D).''. (d) Grants for Specified Energy Property In Lieu of Production Credit.--Subsection (b) of section 1603 of the American Recovery and Reinvestment Tax Act of 2009 is amended by adding at the end the following new paragraph: ``(4) Special rule for specified energy property located in high job-loss zones.--In the case of any specified energy property placed in service in a green energy investment zone (as defined in section 48(a)(2)(C)(ii)) after the date of the enactment of this paragraph, paragraph (2) shall be applied-- ``(A) by substituting `40 percent' for `30 percent' in subparagraph (A) thereof, and ``(B) by substituting `20 percent' for `10 percent' in subparagraph (B) thereof.''. (e) Nonbusiness Energy Property.-- (1) In general.--Subsection (a) of section 25C of such Code is amended by adding at the end the following flush sentence: ``In the case of any such improvement or property which was manufactured in a green energy investment zone (as defined in section 48(a)(2)(C)(ii)) after the date of the enactment of this sentence, the preceding sentence shall be applied by substituting `40 percent' for `30 percent'.''. (2) Increase in limitation.--Subsection (b) of section 25C of such Code is amended by striking ``$1,500'' and inserting ``$2,000''. (f) Residential Energy Efficient Property.-- (1) In general.--Subsection (a) of section 25D of such Code is amended by adding at the end the following flush sentence: ``In the case of property manufactured in a green energy investment zone (as defined in section 48(a)(2)(C)(ii)) after the date of the enactment of this sentence, the preceding sentence shall be applied by substituting `40 percent' for `30 percent' each place it appears.''. (2) Increase in limitation.--Paragraph (1) of section 25D(b) of such Code is amended by striking ``$500'' and inserting ``$750''. (g) Qualifying Advanced Energy Project Credit.--Paragraph (3) of section 48C(d) of such Code is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by inserting after subparagraph (B) the following: ``(C) shall take into consideration whether the project is located in a green energy investment zone (as defined in section 48(a)(2)(C)(ii)).''. (h) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Increase in limitations.--The amendments made by subsections (e)(2) and (f)(2) shall apply to taxable years beginning after December 31, 2008.", "summary": "Green Energy Investment Zone Act of 2009 - Amends the Internal Revenue Code to allow various energy-related tax credits for investment in energy property in high job-loss zones. Amends the American Recovery and Reinvestment Tax Act of 2009 to allow increased grant amounts for investment in energy property in high job-loss zones."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Era Copyright Enhancement Act''. SEC. 2. FAIR USE. (a) Transmissions.--The first sentence of section 107 of title 17, United States Code, is amended by inserting after ``or by any other means specified in that section,'' the following: ``and by analog or digital transmission,''; and (b) Determination.--Section 107 of title 17, United States Code, is amended by adding at the end thereof the following: ``In making a determination concerning fair use, no independent weight shall be afforded to-- ``(1) the means by which the work has been performed, displayed or distributed under the authority of the copyright owner; or ``(2) the application of an effective technological measure (as defined under section 1201(c)) to the work.''. SEC. 3. LIBRARY/ARCHIVE EXEMPTIONS. Section 108 of title 17, United States Code, is amended-- (1) by striking ``Notwithstanding'' at the beginning of subsection (a) and inserting: ``Except as otherwise provided and notwithstanding''; (2) by inserting after ``copyright'' in subsection (a)(3): ``if such notice appears on the copy or phonorecord that is reproduced under the provisions of this section''; (3) in subsection (b) by-- (A) deleting ``a copy or phonorecord'' and inserting in lieu thereof: ``three copies or phonorecords''; and (B) deleting ``in facsimile form''; and (4) in subsection (c) by-- (A) deleting ``a copy or phonorecord'' and inserting in lieu thereof: ``three copies or phonorecords''; (B) deleting ``in facsimile form''; and (C) inserting ``or if the existing format in which the work is stored has become obsolete,'' after ``stolen,''. SEC. 4. FIRST SALE. Section 109 of title 17, United States Code, is amended by adding the following new subsection at the end thereof: ``(f) The authorization for use set forth in subsection (a) applies where the owner of a particular copy or phonorecord in a digital format lawfully made under this title, or any person authorized by such owner, performs, displays or distributes the work by means of transmission to a single recipient, if that person erases or destroys his or her copy or phonorecord at substantially the same time. The reproduction of the work, to the extent necessary for such performance, display, distribution, is not an infringement.''. SEC. 5. DISTANCE LEARNING. (a) Title Change.--The title of section 110 of title 17, United States Code, is amended to read as follows: ``Sec. 110. Limitations on exclusive rights: Exemption of certain activities''; (b) Performance, Display and Distribution of a Work.--Section 110(2) of title 17, United States Code, is amended to read as follows: ``(2) performance, display or distribution of a work, by or in the course of an analog or digital transmission, if-- ``(A) the performance, display or distribution is a regular part of the systematic instructional activities of a governmental body or a nonprofit educational institution; ``(B) the performance, display or distribution is directly related and of material assistance to the teaching content of the transmission; and ``(C) the work is provided for reception by-- ``(i) students officially enrolled in the course in connection with which it is provided; or ``(ii) officers or employees of governmental bodies as part of their official duties or employment;'' (c) Ephemeral Recordings of Works.--Section 112(b) of title 17, United States Code, is amended by deleting ``transmit a performance or display of'' and inserting in lieu thereof: ``perform, display or distribute''. SEC. 6. LIMITATIONS ON EXCLUSIVE RIGHTS. (a) Title.--The title of section 117 of title 17, United States Code, is amended to read as follows: ``Sec. Limitations on exclusive rights: Computer programs and digital copies''; (b) Digital Copies.--Section 117 of title 17, United States Code, is amended by inserting ``(a)'' before ``Notwithstanding'' and inserting the following as a new subsection (b): ``(b) Notwithstanding the provisions of section 106, it is not an infringement to make a copy of a work in a digital format if such copying-- ``(1) is incidental to the operation of a device in the course of the use of a work otherwise lawful under this title; and ``(2) does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.''. SEC. 7. PREEMPTION. Section 301(a) of title 17, United States Code, is amended by inserting the following at the end thereof: ``When a work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common law or statutes of any state to the extent that they-- ``(1) limit the reproduction, adaptation, distribution, performance, or display, by means of transmission or otherwise, of material that is uncopyrightable under section 102(b) or otherwise; or ``(2) abrogate or restrict the limitations on exclusive rights specified in sections 107 through 114 and sections 117 and 118 of this title.''. SEC. 8. COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS. Title 17, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 12--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS ``Sec. ``1201. Circumvention of certain technological measures. ``1202. Integrity of copyright management information. ``1203. Civil remedies. ``Sec. 1201. Circumvention of certain technological measures ``(a) Circumvention Conduct.--No person, for the purpose of facilitating or engaging in an act of infringement, shall engage in conduct so as knowingly to remove, deactivate or otherwise circumvent the application or operation of any effective technological measure used by a copyright owner to preclude or limit reproduction of a work or a portion thereof. As used in this subsection, the term `conduct' does not include manufacturing, importing or distributing a device or a computer program. ``(b) Conduct Governed by Separate Chapter.--Notwithstanding subsection (a), this section shall not apply with respect to conduct or the offer or performance of a service governed by a separate chapter of this title. ``(c) Definition of Effective Technological Measure.--As used in this section, the term `effective technological measure' means a change in the data comprising a work or a copy of a work transmitted in digital format so as to protect the rights of a copyright owner of such work or portion thereof under this title and which-- ``(1) encrypts or scrambles the work or a portion thereof in the absence of information supplied by the copyright owner; or ``(2) includes attributes with respect to access or recording status that cannot be removed without degrading the work or a portion thereof. ``Sec. 1202. Integrity of copyright management information ``(a) False Copyright Management Information.--No person shall knowingly provide copyright management information that is false, or knowingly publicly distribute or import for distribution copyright management information that is false, with intent to induce, facilitate, or conceal infringement. ``(b) Removal or Alteration of Copyright Management Information.-- No person shall, without authority of the copyright owner or other lawful authority, knowingly and with intent to mislead or to induce or facilitate infringement-- ``(1) remove or alter any copyright management information; ``(2) publicly distribute or import for distribution a copy or phonorecord containing copyright management information that has been altered without authority of the copyright owner or other lawful authority; or ``(3) publicly distribute or import for distribution a copy or phonorecord from which copyright management information has been removed without authority of the copyright owner or other lawful authority: Provided, That the conduct governed by this subsection does not include the manufacturing, importing or distributing of a device. ``(c) Definition of Copyright Management Information.--As used in this chapter, the term `copyright management information' means the following information in electronic form as carried in or as data accompanying a copy or phonorecord of a work, including in digital form: ``(1) The title and other information identifying the work, including the information set forth in a notice of copyright; ``(2) The name and other identifying information of the author of the work; ``(3) The name and other identifying information of the copyright owner of the work, including the information set forth in a notice of copyright; ``(4) Terms and conditions for uses of the work; ``(5) Identifying numbers or symbols referring to such information or links to such information; and ``(6) Such other identifying information concerning the work as the Register of Copyrights may prescribe by regulation: Provided, That the term `copyright management information' does not include the information described in section 1002, section 1201(c), or a chapter of this title other than chapters one through nine of this title: Provided further, That, in order to assure privacy protection, the term `copyright management information' does not include any personally identifiable information relating to the user of a work, including but not limited to the name, account, address or other contact information of or pertaining to the user. ``Sec. 1203. Civil remedies ``(a) Civil Actions.--Any person aggrieved by a violation of section 1201(a) or 1202 may bring a civil action in an appropriate United States district court against any person for such violation. ``(b) Powers of the Court.--In an action brought under subsection (a), the court-- ``(1) may grant a temporary and a permanent injunction on such terms as it deems reasonable to prevent or restrain a violation; ``(2) may grant such other equitable relief as it deems appropriate; ``(3) may award damages pursuant to subsection (c); ``(4) may allow the recovery of costs by or against any party other than the United States or an officer thereof; and ``(5) may award a reasonable attorney's fee to the prevailing party. ``(c) Award of Damages.-- ``(1) In general.--If the court finds that a violation of section 1201(a) or 1202 has occurred, the complaining party may elect either actual damages as computed under paragraph (2) or statutory damages as computed under paragraph (3). ``(2) Actual damages.--The court may award to the complaining party the actual damages suffered by him or her as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages, if the complaining party elects such damages instead of statutory damages at any time before final judgment is entered. ``(3) Statutory damages.--(A) The court may award to the complaining party statutory damages for each violation of section 1201(a) of not less than $250 or more than $2,500, as the court considers just, if the complaining party elects such damages instead of actual damages at any time before final judgment is entered. ``(B) The court may award to the complaining party statutory damages for each violation of section 1202 of not less than $500 or more than $20,000, as the court considers just, if the complaining party elects such damages instead of actual damages at any time before final judgment is entered. ``(4) Repeated violations.--In any case in which the court finds that a person has violated section 1201(a) or 1202 within three years after a final judgment against that person for another such violation was entered, the court may increase the award of damaages to not more than double the amount that would otherwise be awarded under paragraph (2) or (3), as the court considers just. ``(5) Innocent violation.--The court may reduce or remit altogether the total award of damages that otherwise would be awarded under paragraph (2) or (3) in any case in which the violator sustains the burden of proving, and the court finds, that the violator was not aware and had no reason to believe that its acts constituted a violation of section 1201(a) or 1202.''. SEC. 9. CONFORMING AMENDMENTS. ``(a) Table of Sections.--The table of sections for chapter 1 of title 17, United States Code, is amended by-- (1) Revising the item relating to section 110 to read as follows: ``110. Limitations on exclusive rights: Exemption of certain activities''; and (2) Revising the item relating to section 117 to read as follows: ``117. Limitations on exclusive rights: computer programs and digital copies''. ``(b) Table of Chapters.--The table of chapters for title 17, United States Code, is amended by adding at the end the following: ``12. Copyright Protection and Management Systems...... 1201''. SEC. 10. EFFECTIVE DATES. ``(a) In General.--Sections one through seven and section 9(a) of this Act, and the amendments made by sections one through seven and section 9(a) of this Act, shall take effect on the date of enactment of this Act. ``(b) WIPO Treaties.--Section 8 and section 9(b) of this Act, and the amendments made by section 8 and section 9(b) of this Act, shall take effect on the date on which both the World Intellectual Property Organization Copyright Treaty and the World Intellectual Property Organization Performances and Phonograms Treaty have entered into force with respect to the United States.", "summary": "Digital Era Copyright Enhancement Act - Expands the fair use of a copyrighted work to include uses by analog or digital transmission in connection with teaching, research, and other specified activities. Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords (currently, one) to be reproduced or distributed for preservation, security, or replacement purposes. Revises certain limitations on exclusive rights to provide that the following are not infringements: (1) performances, displays, or distributions of copyrighted works by or in the course of analog or digital transmissions in connection with certain distance education activities; and (2) copying works in digital format if such copying is incidental to the operation of a device in the course of the otherwise lawful use of a work, does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the author's interests. Provides that when a work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common law or statutes of any State to the extent that they: (1) limit the reproduction, adaptation, distribution, performance, or display of uncopyrightable material; or (2) abrogate or restrict specified limitations on exclusive rights. Prohibits, for purposes of infringement, the knowing removal, deactivation, or circumvention of technological measures used by a copyright owner to preclude or limit reproduction of a work. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines \"copyright management information\" as certain information, including title, name of author and copyright owner, and terms for use of the work, in electronic form as carried in or as data accompanying a copy or a phonorecord of a work. Prohibits the removal or alteration of such information or the distribution of copies or phonorecords so altered with the intent to induce infringement. Establishes civil remedies with respect to violations of technological measure or copyright management information provisions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Derivatives Limitations Act of 1995''. SEC. 2. INSURED DEPOSITORY INSTITUTIONS. The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: ``SEC. 45. DERIVATIVE INSTRUMENTS. ``(a) Derivatives Activities.-- ``(1) General prohibition.--Except as provided in paragraph (2), neither an insured depository institution, nor any affiliate thereof, may purchase, sell, or engage in any transaction involving a derivative financial instrument for the account of that institution or affiliate. ``(2) Exceptions.-- ``(A) Hedging transactions.--An insured depository institution may purchase, sell, or engage in hedging transactions to the extent that such activities are approved by rule, regulation, or order of the appropriate Federal banking agency issued in accordance with paragraph (3). ``(B) Separately capitalized affiliate.--A separately capitalized affiliate of an insured depository institution that is not itself an insured depository institution may purchase, sell, or engage in a transaction involving a derivative financial instrument if such affiliate complies with all rules, regulations, or orders of the appropriate Federal banking agency issued in accordance with paragraph (3). ``(C) De minimis interests.--An insured depository institution may purchase, sell, or engage in transactions involving de minimis interests in derivative financial instruments for the account of that institution to the extent that such activity is defined and approved by rule, regulation, or order of the appropriate Federal banking agency issued in accordance with paragraph (3). ``(D) Existing interests.--During the 3-month period beginning on the date of enactment of this section, nothing in this section shall be construed-- ``(i) as affecting an interest of an insured depository institution in any derivative financial instrument that existed on the date of enactment of this section; or ``(ii) as restricting the ability of the institution to acquire reasonably related interests in other derivative financial instruments for the purpose of resolving or terminating an interest of the institution in any derivative financial instrument that existed on the date of enactment of this section. ``(3) Issuance of rules, regulations, and orders.--The appropriate Federal banking agency shall issue appropriate rules, regulations, and orders governing the exceptions provided for in paragraph (2), including-- ``(A) appropriate public notice requirements; ``(B) a requirement that any affiliate described in paragraph (2)(B) shall clearly and conspicuously notify the public that none of the assets of the affiliate, nor the risk of loss associated with the transaction involving a derivative financial instrument, are insured under Federal law or otherwise guaranteed by the Federal Government or the parent company of the affiliate; and ``(C) any other requirements that the appropriate Federal banking agency considers to be appropriate. ``(b) Definitions.--For purposes of this section-- ``(1) the term `derivative financial instrument' means-- ``(A) an instrument the value of which is derived from the value of stocks, bonds, other loan instruments, other assets, interest or currency exchange rates, or indexes, including qualified financial contracts (as defined in section 11(e)(8)); and ``(B) any other instrument that an appropriate Federal banking agency determines, by regulation or order, to be a derivative financial instrument for purposes of this section; and ``(2) the term `hedging transaction' means any transaction involving a derivative financial instrument if-- ``(A) such transaction is entered into in the normal course of the institution's business primarily-- ``(i) to reduce risk of price change or currency fluctuations with respect to property that is held or to be held by the institution; or ``(ii) to reduce risk of interest rate or price changes or currency fluctuations with respect to loans or other investments made or to be made, or obligations incurred or to be incurred, by the institution; and ``(B) before the close of the day on which such transaction was entered into (or such earlier time as the appropriate Federal banking agency may prescribe by regulation), the institution clearly identifies such transaction as a hedging transaction.''. SEC. 3. INSURED CREDIT UNIONS. Title II of the Federal Credit Union Act (12 U.S.C. 1781 et seq.) is amended by adding at the end the following new section: ``SEC. 215. DERIVATIVE INSTRUMENTS. ``(a) Derivative Activities.--Except as provided in subsection (b), neither an insured credit union, nor any affiliate thereof, may purchase, sell, or engage in any transaction involving a derivative financial instrument. ``(b) Applicability of Section 44 of the Federal Deposit Insurance Act.--Section 44 of the Federal Deposit Insurance Act shall apply with respect to insured credit unions and affiliates thereof and to the Board in the same manner that such section applies to insured depository institutions and affiliates thereof (as those terms are defined in section 3 of that Act) and shall be enforceable by the Board with respect to insured credit unions and affiliates under this Act. ``(c) Derivative Financial Instrument.--For purposes of this section, the term `derivative financial instrument' means-- ``(1) an instrument the value of which is derived from the value of stocks, bonds, other loan instruments, other assets, interest or currency exchange rates, or indexes, including qualified financial contracts (as such term is defined in section 207(c)(8)(D)); and ``(2) any other instrument that the Board determines, by regulation or order, to be a derivative financial instrument for purposes of this section.''. SEC. 4. BANK HOLDING COMPANIES. Section 3 of the Bank Holding Company Act of 1956 (12 U.S.C. 1842) is amended by adding at the end the following new subsection: ``(h) Derivatives Activities.-- ``(1) In general.--A subsidiary of a bank holding company may purchase, sell, or engage in any transaction involving a derivative financial instrument for the account of that subsidiary if that subsidiary-- ``(A) is not an insured depository institution or a subsidiary of an insured depository institution; and ``(B) is separately capitalized from any affiliated insured depository institution. ``(2) Applicability of section 44 of the federal deposit insurance act.--Section 44 of the Federal Deposit Insurance Act shall apply with respect to bank holding companies and the Board in the same manner that those subsections apply to an insured depository institution (as such term is defined in section 3 of that Act) and shall be enforceable by the Board with respect to bank holding companies under this Act. ``(3) Derivative financial instrument.--For purposes of this subsection, the term `derivative financial instrument' means-- ``(A) an instrument the value of which is derived from the value of stocks, bonds, other loan instruments, other assets, interest or currency exchange rates, or indexes, including qualified financial contracts (as such term is defined in section 207(c)(8)(D)); and ``(B) any other instrument that the Board determines, by regulation or order, to be a derivative financial instrument for purposes of this subsection.''.", "summary": "Derivatives Limitations Act of 1995 - Amends the Federal Deposit Insurance Act to prohibit an insured depository institution (and any affiliate) from engaging in any transaction involving a derivative financial instrument either for its own account, or that of an affiliate. Permits exceptions for: (1) hedging transactions; (2) a separately capitalized affiliate (not itself an insured depository insitution) of an insured depository institution; and (3) transactions involving de minimis interest in derivative financial instruments sanctioned by a Federal banking regulatory agency. Requires the appropriate Federal banking agency to promulgate rules governing such exceptions. Amends the Federal Credit Union Act to prohibit an insured credit union and any affiliates from engaging in derivative financial instruments transactions. Subjects credit unions and their affiliates to the interstate bank merger provisions of the Federal Deposit Insurance Act. Amends the Bank Holding Company Act of 1956 to allow a bank holding company subsidiary to engage in derivative financial instrument transactions for its own account if it: (1) is not an insured depository institution or a subsidiary of one; and (2) is separately capitalized from any affiliated insured depository institution. Subjects bank holding companies to the interstate bank merger provisions of the Federal Deposit Insurance Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Security Vetting for Aviation Workers Act of 2015''. SEC. 2. AVIATION SECURITY. (a) In General.--Subtitle A of title XVI of the Homeland Security Act of 2002 (6 U.S.C. 561 et seq.) is amended by adding after section 1601 the following new section: ``SEC. 1602. VETTING OF AVIATION WORKERS. ``(a) In General.--By not later than December 31, 2015, the Administrator, in coordination with the Assistant Secretary for Policy of the Department, shall request from the Director of National Intelligence access to additional data from the Terrorist Identities Datamart Environment (TIDE) data and any or other terrorism-related information to improve the effectiveness of the Administration's credential vetting program for individuals with unescorted access to sensitive areas of airports. ``(b) Security Inspection.--By not later than December 31, 2015, the Administrator shall issue guidance for Transportation Security Inspectors to annually review airport badging office procedures for applicants seeking access to sensitive areas of airports. Such guidance shall include a comprehensive review of applicants' Criminal History Records Check (CHRC) and work authorization documentation during the course of an inspection. ``(c) Information Sharing.--By not later than December 31, 2015, the Administrator may conduct a pilot program of the Rap Back Service, in coordination with the Director of the Federal Bureau of Investigation, to determine the feasibility of full implementation of a service through which the Administrator would be notified of a change in status of an individual holding a valid credential granting unescorted access to sensitive areas of airports across eligible Administration-regulated populations. ``(d) Procedures.--The pilot program under subsection (c) shall evaluate whether information can be narrowly tailored to ensure that the Administrator only receives notification of a change with respect to a disqualifying offense under the credential vetting program under subsection (a), as specified in 49 CFR 1542.209, and in a manner that complies with current regulations for fingerprint-based criminal history records checks. The pilot program shall be carried out in a manner so as to ensure that, in the event that notification is made through the Rap Back Service of a change but a determination of arrest status or conviction is in question, the matter will be handled in a manner that is consistent with current regulations. The pilot program shall also be carried out in a manner that is consistent with current regulations governing an investigation of arrest status, correction of Federal Bureau of Investigation records and notification of disqualification, and corrective action by the individual who is the subject of an inquiry. ``(e) Determination and Submission.--If the Administrator determines that full implementation of the Rap Back Service is feasible and can be carried out in a manner that is consistent with current regulations for fingerprint-based criminal history checks, including the rights of individuals seeking credentials, the Administrator shall submit such determination, in writing, to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate, together with information on the costs associated with such implementation, including the costs incurred by the private sector. In preparing this determination, the Administrator shall consult with the Chief Civil Rights and Civil Liberties Officer of the Department to ensure that protocols are in place to align the period of retention of personally identifiable information and biometric information, including fingerprints, in the Rap Back Service with the period in which the individual who is the subject of an inquiry has a valid credential. ``(f) Credential Security.--By not later than September 30, 2015, the Administrator shall issue guidance to airports mandating that all federalized airport badging authorities place an expiration date on airport credentials commensurate with the period of time during which an individual is lawfully authorized to work in the United States. ``(g) Aviation Worker Lawful Status.--By not later than December 31, 2015, the Administrator shall review the denial of credentials due to issues associated with determining an applicant's lawful status in order to identify airports with specific weaknesses and shall coordinate with such airports to mutually address such weaknesses, as appropriate. ``(h) Reports to Congress.--Upon completion of the determinations and reviews required under this section, the Administrator shall brief the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate on the results of such determinations and reviews.''. (b) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 1601 the following new item: ``Sec. 1602. Vetting of aviation workers.''. SEC. 3. STATUS UPDATE ON RAP BACK SERVICE PILOT PROGRAM. Not later than 60 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of plans to conduct a pilot program in coordination with the Federal Bureau of Investigation of the Rap Back Service in accordance with subsection (c) of section 1602 of the Homeland Security Act of 2002, as added by section 2 of this Act. The report shall include details on the business, technical, and resource requirements for the Transportation Security Administration and pilot program participants, and provide a timeline and goals for the pilot program. Passed the House of Representatives July 27, 2015. Attest: KAREN L. HAAS, Clerk.", "summary": "Improved Security Vetting for Aviation Workers Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 todirect the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), by December 31, 2015, in coordination with the DHS Assistant Secretary for Policy, to request from the Director of National Intelligence access to additional data from the Terrorist Identities Datamart Environment data and any or other terrorism-related information to improve the effectiveness of TSA's credential vetting program for individuals with unescorted access to sensitive areas of airports. The TSA, by the same deadline, shall: issue guidance for Transportation Security Inspectors to review annually airport badging office procedures for applicants seeking access to sensitive airport areas, including a comprehensive review of applicants' Criminal History Records Check and work authorization documentation during the course of an inspection; issue guidance to airports requiring that all federalized airport badging authorities place an expiration date on airport credentials commensurate with the period of time during which an individual is lawfully authorized to work in the United States; and review the denial of credentials owing to an applicants's lawful status in order to identify airports with specific weaknesses and coordinate with them to address such weaknesses. The TSA may conduct a Rap Back Service pilot program, in coordination with the Federal Bureau of Investigation (FBI), to determine the feasibility of full implementation of a service through which the TSA would be notified of a change in status of an individual holding a valid credential granting unescorted access to sensitive airport areas across eligible TSA-regulated populations. (The FBI Rap Back Service notifies authorized agencies of criminal, and, in limited cases, civil activity of individuals that occurs after the initial processing and retention of criminal or civil transactions.) Certain pilot program procedures are prescribed regarding notification only of a change with respect to a disqualifying offense under the credential vetting program. (Sec. 3) The TSA, within 60 days after enactment of this Act, shall report to Congress on the status of plans to conduct the Rap Back Service pilot program."}
{"article": "SECTION 1. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN THE EXECUTIVE BRANCH. (a) Executive Schedule Pay Rates.-- (1) In general.--Section 5318 of title 5, United States Code, is amended-- (A) by redesignating subsection (a) as subsection (a)(1) and subsection (b) as paragraph (2); and (B) by adding at the end the following: ``(b)(1)(A) Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which any comparability payment becomes payable under section 5304 or 5304a with respect to General Schedule employees within the District of Columbia during any year, the annual rate of pay for positions at each level of the Executive Schedule (exclusive of any previous adjustment under this subsection) shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next highest multiple of $100) equal to the percentage of such annual rate of pay which corresponds to the percentage adjustment becoming so payable with respect to General Schedule employees within the District of Columbia under such section 5304 or 5304a (as applicable). ``(B) If an adjustment under this subsection is scheduled to take effect on the same date as an adjustment under subsection (a), the adjustment under subsection (a) shall be made first. ``(2) An annual rate of pay, as adjusted under paragraph (1), shall for all purposes be treated as the annual rate of pay for the positions involved, except as otherwise provided in subsection (a), paragraph (1), or any other provision of law. ``(3) Nothing in this subsection shall be considered to permit or require the continuation of an adjustment under paragraph (1) after the comparability payment (for General Schedule employees within the District of Columbia) on which it was based has been terminated or superseded.''. (2) Contract appeals board members.--Section 5372a of title 5, United States Code, is amended-- (A) in subsection (b)(2) by striking ``97 percent of the rate under paragraph (1)'' and inserting ``no less than 97 percent of the rate under paragraph (1)''; (B) in subsection (b)(3) by striking ``94 percent of the rate under paragraph (1)'' and inserting ``no less than 94 percent of the rate under paragraph (1)''; and (C) by adding at the end the following: ``(d) Subject to subsection (b), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of basic pay under the General Schedule, each rate of basic pay for contract appeals board members shall be adjusted by an amount determined by the President to be appropriate.''. (3) Conforming amendments.--Section 5318 of title 5, United States Code, is amended-- (A) in the first sentence of subsection (a)(1) (as redesignated)-- (i) by striking ``Subject to subsection (b),'' and inserting ``Subject to paragraph (2),''; and (ii) by inserting ``(exclusive of any previous adjustment under subsection (b))'' after ``Executive Schedule''; and (B) in subsection (a)(2) (as redesignated), by striking ``subsection (a)'' and inserting ``paragraph (1)''. (b) Amendments Relating to Certain Limitation and Other Provisions.-- (1) Provisions to be applied by excluding executive schedule comparability adjustment.--Sections 5303(f), 5304(h)(1)(F), 5306(e), and 5373(a) of title 5, United States Code, are each amended by inserting ``, exclusive of any adjustment under section 5318(b)'' after ``Executive Schedule''. (2) Limitation on certain payments.--Section 5307(a) of title 5, United States Code, is amended by adding at the end the following: ``(3) In the case of an employee who is receiving basic pay under section 5372a, 5376, or 5383, paragraph (1) shall be applied by substituting `the annual rate of salary of the Vice President of the United States' for `the annual rate of basic pay payable for level I of the Executive Schedule'. Regulations under subsection (c) may extend the application of the preceding sentence to other equivalent categories of employees.''. (3) References to level iv of the executive schedule.-- Sections 5372(b)(1)(C), 5372a(b)(1), 5376(b)(1)(B), and 5382(b) of title 5, United States Code, are each amended by striking ``level IV'' each place it appears and inserting ``level III''. SEC. 2. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN THE JUDICIAL BRANCH. (a) Increase in Maximum Rates of Basic Pay Allowable.-- (1) For positions covered by section 604(a)(5) of title 28, united states code.--Section 604(a)(5) of title 28, United States Code, is amended by striking ``by law'' and inserting ``by law (except that the rate of basic pay fixed under this paragraph for any such employee may not exceed the rate for level IV of the Executive Schedule)''. (2) For circuit executives.--Section 332(f)(1) of title 28, United States Code, is amended by striking ``level IV of the Executive Schedule pay rates under section 5315'' and inserting ``level III of the Executive Schedule pay rates under section 5314''. (3) For personnel of the administrative office of the united states courts.-- (A) In general.--Section 3(a) of the Administrative Office of the United States Courts Personnel Act of 1990 (28 U.S.C. 602 note) is amended-- (i) in paragraph (1), by striking ``level V'' and inserting ``level IV''; and (ii) in paragraph (10), by striking ``level IV'' and inserting ``level III''. (B) Provisions relating to certain additional positions.--Section 603 of title 28, United States Code, is amended by striking ``level IV of the Executive Schedule under section 5315'' and inserting ``level III of the Executive Schedule under section 5314''. (b) Salary of the Director of the Administrative Office of the United States Courts.--Section 603 of title 28, United States Code, is amended by striking ``district'' and inserting ``circuit''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall be effective with respect to pay periods beginning on or after the date of enactment of this Act.", "summary": "Provides that, when any comparability payment becomes payable with respect to General Schedule employees within the District of Columbia, the annual rate of pay for positions at each level of the Executive Schedule shall be adjusted by an amount equal to the percentage adjustment payable to such General Schedule employees.Revises the rate of basic pay for the Vice Chairman and other members of the Contract Appeals Board. Adjusts such pay rate after each adjustment under the General Schedule.Increases the maximum limit on bonuses, awards, or other similar cash payments that may be paid in a calendar year to contract appeals board members, certain senior-level employees, and individual senior executives.Increases: (1) the rate of basic pay payable for certain executive schedule positions; and (2) the highest rate of basic pay payable for the Senior Executive Service.Increases the maximum rates of basic pay allowable for circuit executives and certain personnel of the Administrative Office of the U.S. Courts. Provides for the salary of the Director of such Office to be the same as the salary of a circuit (currently, district) judge."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Forestry Participation and Protection Act of 2016''. SEC. 2. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP END RESULT CONTRACTING AND OTHER AUTHORITIES. (a) Prompt Consideration of Tribal Requests.--Section 2(b) of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended-- (1) in paragraph (1), by striking ``Not later than 120 days after the date on which an Indian tribe submits to the Secretary'' and inserting ``In response to the submission by an Indian tribe to the Secretary of''; and (2) by adding at the end the following: ``(4) Time periods for consideration.-- ``(A) Initial response.--Not later than 90 days after the date on which the Secretary receives a tribal request under paragraph (1), the Secretary shall provide an initial response to the Indian tribe regarding whether the request may meet the selection criteria described in subsection (c). ``(B) Notice of denial.--A notice under subsection (d) of the denial of a tribal request under paragraph (1) shall be provided to the Indian tribe by not later than 1 year after the date on which the Secretary receives the request. ``(C) Completion.--Not later than 2 years after the date on which the Secretary receives a tribal request under paragraph (1), other than a tribal request denied under subsection (d), the Secretary shall-- ``(i) complete all environmental reviews necessary in connection with the agreement or contract and proposed activities under the agreement or contract; and ``(ii) enter into the agreement or contract with the Indian tribe in accordance with paragraph (2).''. (b) Conforming and Technical Amendments.--Section 2 of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended-- (1) in subsections (b)(1) and (f)(1), by striking ``section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105- 277) (as amended by section 323 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (117 Stat. 275))'' each place it appears and inserting ``section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c)''; and (2) in subsection (d), in the matter preceding paragraph (1), by striking ``subsection (b)(1), the Secretary may'' and inserting ``paragraphs (1) and (4)(B) of subsection (b), the Secretary shall''. SEC. 3. PILOT AUTHORITY FOR RESTORATION OF FEDERAL FOREST LAND BY INDIAN TRIBES. (a) In General.--Section 305 of the National Indian Forest Resources Management Act (25 U.S.C. 3104) is amended by adding at the end the following: ``(c) Inclusion of Certain National Forest System Land and Public Land.-- ``(1) Purposes.--The purposes of this subsection are-- ``(A) to maximize the effective management of Federal forest land and to assist in the restoration of that land in accordance with the principles of sustained yield; and ``(B) to reduce insect, disease, or wildfire risk to communities, municipal water supplies, and other at- risk Federal land by providing for the implementation by Indian tribes of forest restoration projects. ``(2) Definitions.--In this subsection: ``(A) Federal forest land.-- ``(i) In general.--The term `Federal forest land' means-- ``(I) National Forest System land; and ``(II) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), including-- ``(aa) Coos Bay Wagon Road Grant land reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179, chapter 47); and ``(bb) Oregon and California Railroad Grant land. ``(ii) Exclusions.--The term `Federal forest land' does not include-- ``(I) a component of the National Wilderness Preservation System; ``(II) a component of the National Wild and Scenic Rivers System; ``(III) a congressionally designated wilderness study area; or ``(IV) an inventoried roadless area within the National Forest System. ``(B) Forest land management activities.--The term `forest land management activities' means activities performed in the management of Indian forest land described in subparagraphs (C), (D), and (E) of section 304(4). ``(C) Secretary concerned.--The term `Secretary concerned' means-- ``(i) the Secretary of Agriculture, with respect to the Federal forest land referred to in subparagraph (A)(i)(I); and ``(ii) the Secretary of the Interior, with respect to the Federal forest land referred to in subparagraph (A)(i)(II). ``(3) Authority.-- ``(A) In general.--At the request of an Indian tribe, the Secretary concerned may treat Federal forest land as Indian forest land for purposes of planning and conducting forest land management activities under this section if the Federal forest land is located within, or mostly within, a geographical area that presents a feature or involves circumstances principally relevant to that Indian tribe, such as Federal forest land-- ``(i) ceded to the United States by treaty or other agreement with that Indian tribe; ``(ii) within the boundaries of a current or former reservation of that Indian tribe; or ``(iii) adjudicated by the Indian Claims Commission or a Federal court to be the tribal homeland of that Indian tribe. ``(B) Management.--Federal forest land treated as Indian forest land for purposes of planning and conducting management activities pursuant to subparagraph (A) shall-- ``(i) be managed exclusively under this Act; and ``(ii) remain under the ownership of the Federal agency that owned the Federal forest land on the day before the date of enactment of this subsection. ``(4) Requirements.--As part of an agreement to treat Federal forest land as Indian forest land under paragraph (3), the Secretary concerned and the Indian tribe making the request shall-- ``(A) provide for continued public access and recreation applicable to the Federal forest land as in existence prior to the agreement, except that the Secretary concerned may limit or prohibit that access only for the purpose of-- ``(i) protecting human safety; or ``(ii) preventing harm to natural resources; ``(B) continue sharing revenue generated by the Federal forest land with State and local governments on the terms applicable to the Federal forest land prior to the agreement, including, as applicable-- ``(i) 25-percent payments under the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7101 et seq.); or ``(ii) 50-percent payments under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.); ``(C) comply with applicable prohibitions on the export of unprocessed logs harvested from the Federal forest land; ``(D) recognize all right-of-way agreements in place on Federal forest land as in existence prior to the commencement of tribal management activities; ``(E) ensure that any county road within the Federal forest land as in existence prior to the agreement is not adversely impacted; and ``(F) ensure that all commercial timber removed from the Federal forest land is sold on a competitive bid basis. ``(5) Prompt consideration of tribal requests.--Not later than 180 days after the date on which the Secretary receives a request from an Indian tribe under paragraph (3)(A), the Secretary shall-- ``(A) approve or deny the request; and ``(B) if the Secretary approves the request, begin exercising the authority under that paragraph. ``(6) Consultation.--To the extent consistent with the laws governing the administration of public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the Secretary concerned shall consult with each State and unit of local government within which Federal forest land is located-- ``(A) before entering into an agreement to treat the Federal forest land as Indian forest land under paragraph (3); and ``(B) with respect to an agreement described in subparagraph (A), in planning and conducting forest land management activities under this section. ``(7) Forest management plans.--All forest land management activities under this subsection on National Forest System land shall be consistent with the applicable forest plan. ``(8) Limitations.--The treatment of Federal forest land as Indian forest land for purposes of planning and conducting management activities pursuant to paragraph (3)-- ``(A) shall not be considered to designate the Federal forest land as Indian forest land for any other purpose; and ``(B) shall be in accordance with all relevant Federal laws applicable to Federal forest land, including-- ``(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ``(iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ``(iv) the Clean Air Act (42 U.S.C. 7401 et seq.). ``(9) Applicability of nepa.--The execution of, but not the decision to enter into, an agreement to treat Federal forest land as Indian forest land under paragraph (3) shall constitute a Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(10) Termination of authority.--The authority provided by this subsection terminates on the date that is 10 years after the date of enactment of this subsection.''. (b) Effect.--Nothing in this section or an amendment made by this section-- (1) prohibits, restricts, or otherwise adversely affects any permit, lease, or similar agreement in effect on or after the date of enactment of this Act for the use of Federal land for the purpose of recreation, utilities, logging, mining, oil, gas, grazing, water rights, or any other purpose; (2) negatively impacts private land; or (3) prohibits, restricts, or otherwise adversely affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate under State law fish and wildlife on land or in water in the State, including on Federal public land. SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT. The Secretary of the Interior and the Secretary of Agriculture may carry out demonstration projects pursuant to which federally recognized Indian tribes or tribal organizations may enter into contracts to carry out administrative, management, and other functions under the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.), through contracts entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). SEC. 5. FUNDING. The Secretary of the Interior and the Secretary of Agriculture shall use to carry out this Act and amendments made by this Act such amounts as are necessary from other amounts available to the Secretary of the Interior or the Secretary of Agriculture, respectively, that are not otherwise obligated.", "summary": "Tribal Forestry Participation and Protection Act of 2016 This bill amends the Tribal Forest Protection Act of 2004 and the National Indian Forest Resources Management Act to establish: a timeframe for consideration of tribal requests to protect Indian forest land or rangeland; a tribal forest management demonstration project; and pilot authority for the Bureau of Land Management and the Forest Service to, upon request of an Indian tribe, treat certain federal forest land as Indian land for purposes of specified land management activities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare and Medicaid Responsibility Exchange Act of 1994''. SEC. 2. EXCHANGE OF FINANCIAL RESPONSIBILITIES FOR CERTAIN WELFARE PROGRAMS AND THE MEDICAID PROGRAM. (a) In General.--In exchange for the Federal funds received by a State under section 3 for fiscal years 1996, 1997, 1998, 1999, and 2000 such State shall provide cash and non-cash assistance to low income individuals in accordance with subsection (b). (b) Requirement To Provide a Certain Level of Low Income Assistance.-- (1) In general.--The amount of cash and non-cash assistance provided to low income individuals by a State for any quarter during fiscal years 1996, 1997, 1998, 1999, and 2000 shall not be less than the sum of-- (A) the amount determined under paragraph (2); and (B) the amount determined under paragraph (3). (2) Maintenance of effort with respect to federal programs terminated.-- (A) Quarter beginning october 1, 1995.--The amount determined under this paragraph for the quarter beginning October 1, 1995, is an amount equal to the sum of-- (i) one-quarter of the base expenditures determined under subparagraph (C) for the State, (ii) the product of the amount determined under clause (i) and the estimated increase in the consumer price index (for all urban consumers, United States city average) for the preceding quarter, and (iii) the amount that the Federal Government and the State would have expended in the State in the quarter under the programs terminated under section 4 solely by reason of the increase in recipients which the Secretary of Health and Human Services and the Secretary of Agriculture estimate would have occurred if such programs had not been terminated. (B) Succeeding quarters.--The amount determined under this paragraph for any quarter beginning on or after January 1, 1996, is an amount equal to the sum of-- (i) the amount expended by the State under subsection (a) in the preceding quarter, (ii) the product of the amount determined under clause (i) and the estimated increase in the consumer price index (for all urban consumers, United States city average) for the preceding quarter, and (iii) the amount that the Federal Government and the State would have expended in the State in the quarter under the programs terminated under section 4 solely by reason of the increase in recipients which the Secretary of Health and Human Services and the Secretary of Agriculture estimate would have occurred if such programs had not been terminated. (C) Determination of base amount.--The Secretary of Health and Human Services, in cooperation with the Secretary of Agriculture, shall calculate for each State an amount equal to the total Federal and State expenditures for administering and providing-- (i) aid to families with dependent children under a State plan under title IV of the Social Security Act (42 U.S.C. 601 et seq.), (ii) benefits under the food stamp program under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), including benefits provided under section 19 of such Act (7 U.S.C. 2028), and (iii) benefits under the special supplemental program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), for the State during the 12-month period beginning on July 1, 1994. (3) Maintenance of effort with respect to state programs.-- The amount determined under this paragraph for a quarter is the amount of State expenditures for such quarter required to maintain State programs providing cash and non-cash assistance to low income individuals as such programs were in effect during the 12-month period beginning on July 1, 1994. SEC. 3. PAYMENTS TO STATES. (a) In General.--The Secretary of Health and Human Services shall make quarterly payments to each State during fiscal years 1996, 1997, 1998, 1999, and 2000 in an amount equal to one-quarter of the amount determined under subsection (b) for the applicable fiscal year and such amount shall be used for the purposes described in subsection (c). (b) Payment Equivalent to Federal Welfare Savings.-- (1) In general.--The amount available to be paid to a State for a fiscal year shall be an amount equal to the amount calculated under paragraph (2) for the State. (2) Amounts available.-- (A) Fiscal year 1996.--In fiscal year 1996, the amount available under this subsection for a State is equal to the sum of-- (i) the base amount determined under paragraph (3) for the State, (ii) the product of the amount determined under clause (i) and the increase in the consumer price index (for all urban consumers, United States city average) for the 12-month period described in paragraph (3), and (iii) the amount that the Federal Government and the State would have expended in the State in fiscal year 1996 under the programs terminated under section 4 solely by reason of the increase in recipients which the Secretary of Health and Human Services and the Secretary of Agriculture estimate would have occurred if such programs had not been terminated. (B) Succeeding fiscal years.--In any succeeding fiscal year, the amount available under this subsection for a State is equal to the sum of-- (i) the amount determined under this paragraph for the State in the previous fiscal year, (ii) the product of the amount determined under clause (i) and the estimated increase in the consumer price index (for all urban consumers, United States city average) during the previous fiscal year, and (iii) the amount that the Federal Government and the State would have expended in the State in the fiscal year under the programs terminated under section 4 solely by reason of the increase in recipients which the Secretary of Health and Human Services and the Secretary of Agriculture estimate would have occurred if such programs had not been terminated. (3) Determination of base amount.--The Secretary of Health and Human Services, in cooperation with the Secretary of Agriculture, shall calculate the amount that the Federal Government expended for administering and providing-- (A) aid to families with dependent children under a State plan under title IV of the Social Security Act (42 U.S.C. 601 et seq.), (B) benefits under the food stamp program under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), including benefits provided under section 19 of such Act (7 U.S.C. 2028), and (C) benefits under the special supplemental program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), in each State during the 12-month period beginning on July 1, 1994. (c) Purposes for Which Amounts May Be Expended.-- (1) Medicaid program.-- (A) In general.--Notwithstanding any other provision of law, during fiscal years 1996, 1997, 1998, 1999, and 2000 a State shall-- (i) except as provided in subparagraph (B), provide medical assistance under title XIX of the Social Security Act in accordance with the terms of the State's plan in effect on January 1, 1994, and (ii) use the funds it receives under this section toward the State's financial participation for expenditures made under the plan. (B) Changes in eligibility during fiscal years 1998, 1999, and 2000.--During fiscal years 1998, 1999, and 2000, a State may change State plan requirements relating to eligibility for medical assistance under title XIX of the Social Security Act if the aggregate expenditures under such State plan for the fiscal year do not exceed the amount that would have been spent if a State plan described in subparagraph (A)(i) had been in effect during such fiscal year. (C) Waiver of requirements.--The Secretary of Health and Human Services may grant a waiver of the requirements under subparagraphs (A)(i) and (B) if a State makes an adequate showing of need in a waiver application submitted in such manner as the Secretary determines appropriate. (2) Excess.--A State that receives funds under this section that are in excess of the State's financial participation for expenditures made under the State plan for medical assistance under title XIX of the Social Security Act shall use such excess funds to provide cash and non-cash assistance for low income families. (d) Denial of Payments for Failure To Maintain Effort.--No payment shall be made under subsection (a) for a quarter if a State fails to comply with the requirements of section 2(b) for the preceding quarter. (e) Entitlement.--This section constitutes budget authority in advance of appropriations Acts, and represents the obligation of the Federal Government to provide the payments described in subsection (a). SEC. 4. TERMINATION OF CERTAIN FEDERAL WELFARE PROGRAMS. (a) Termination.-- (1) AFDC.--Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended by adding at the end the following new section: ``termination of authority ``Sec. 418. The authority provided by this part shall terminate on October 1, 1995.''. (2) JOBS.--Part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.) is amended by adding at the end the following new section: ``termination of authority ``Sec. 488. The authority provided by this part shall terminate on October 1, 1995.''. (3) Special supplemental food program for women, infants, and children (WIC).--Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at the end the following new subsection: ``(q) The authority provided by this section shall terminate on October 1, 1995.''. (4) Food stamp program.--The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following new section: ``SEC. 24. TERMINATION OF AUTHORITY. ``The authority provided by this Act shall terminate on October 1, 1995.''. (b) References in Other Laws.-- (1) In general.--Any reference in any law, regulation, document, paper, or other record of the United States to any provision that has been terminated by reason of the amendments made in subsection (a) shall, unless the context otherwise requires, be considered to be a reference to such provision, as in effect immediately before the date of the enactment of this Act. (2) State plans.--Any reference in any law, regulation, document, paper, or other record of the United States to a State plan that has been terminated by reason of the amendments made in subsection (a), shall, unless the context otherwise requires, be considered to be a reference to such plan as in effect immediately before the date of the enactment of this Act. SEC. 5. FEDERALIZATION OF THE MEDICAID PROGRAM. Beginning on October 1, 2000-- (1) each State with a State plan approved under title XIX of the Social Security Act shall be relieved of administrative or financial responsibility for the medicaid program under such title of such Act, (2) the Secretary of Health and Human Services shall assume such responsibilities and continue to conduct such program in a State in any manner determined appropriate by the Secretary that is in accordance with the provisions of title XIX of the Social Security Act, and (3) all expenditures for the program as conducted by the Secretary shall be paid by Federal funds. SEC. 6. SECRETARIAL SUBMISSION OF LEGISLATIVE PROPOSAL FOR TECHNICAL AND CONFORMING AMENDMENTS. The Secretary of Health and Human Services shall, within 90 days after the date of enactment of this Act, submit to the appropriate committees of Congress, a legislative proposal providing for such technical and conforming amendments in the law as are required by the provisions of this Act.", "summary": "Welfare and Medicaid Responsibility Exchange Act of 1994 - Provides for the termination of AFDC (Aid to Families with Dependent Children), JOBS (Job Opportunities and Basic Skills Training Program), WIC (Special Supplemental Food Program for Women, Infants, and Children), and food stamp programs after FY 1995, shifting financial responsibility to the States for providing similar assistance to low-income individuals, with such assistance paid for out of a reduction in the State's share of Medicaid funding equivalent to the Federal welfare savings. Federalizes the Medicaid program after FY 2000, relieving States of their administrative or financial responsibility for it."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Justice Outreach Act of 2015''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROGRAM OF COORDINATED OUTREACH FOR JUSTICE-INVOLVED VETERANS AT RISK OF HOMELESSNESS. (a) Program Required.-- (1) In general.--Subchapter III of chapter 20 of title 38, United States Code, is amended-- (A) by redesignating sections 2022 and 2023 as sections 2023 and 2024, respectively; and (B) by inserting after section 2021A the following new section 2022: ``Sec. 2022. Coordination of outreach for justice-involved veterans at risk of homelessness ``(a) Program Required.--The Secretary shall carry out a program to support veterans in contact with the criminal justice system by discouraging unnecessary criminalization of mental illness and other nonviolent crimes. ``(b) Partnership.--The Secretary shall carry out the program required by subsection (a) in partnership with local law enforcement, judicial, and community-based treatment and legal assistance organizations. ``(c) Authorized Activities.--In carrying out the program required by subsection (a), the Secretary may conduct the following: ``(1) Training for police, prosecutors, courts, public defenders, and other community-based support organizations on matters relating to psychological trauma associated with military service and mental health and substance abuse services available from the Department. ``(2) Support for courts and their officers, including physical presence in the courtroom setting, by facilitating mental health assessments, treatment planning, referrals to Department services, or such other services as may be requested by the courts. ``(3) Such other outreach and assistance as the Secretary considers appropriate for the provision of support described in subsection (a). ``(d) Justice Outreach Coordinators.--(1) In order to effectively assist veterans in contact with the criminal justice system, the Secretary shall establish coordinators to provide outreach under the program required by subsection (a). ``(2) The Secretary shall ensure that each coordinator established under paragraph (1) is knowledgeable about psychological and psychiatric evaluation in relation to justice-based forensic matters, such as-- ``(A) psychiatric diagnosis; ``(B) developmental disabilities; ``(C) medical issues, such as traumatic brain injury; ``(D) competency and sanity; ``(E) neglect and abuse; ``(F) parental rights; and ``(G) life threatening issues, such as suicidality and homicidally. ``(e) Veteran in Contact With the Criminal Justice System Defined.--In this section, the term `veteran in contact with the criminal justice system' includes the following: ``(1) A veteran in contact with local law enforcement who can be appropriately diverted from arrest to mental health treatment. ``(2) A veteran in local jail either pretrial or serving a sentence. ``(3) A veteran in adjudication or monitoring by a court.''. (2) Conforming amendment.--Section 2023(f) of such title, as redesignated by paragraph (1)(A), is amended in paragraphs (2)(C) and (3)(C) by striking ``section 2023'' both places it appears and inserting ``section 2024''. (3) Clerical amendment.--The table of sections at the beginning of chapter 20 of such title is amended by striking the items relating to sections 2022 and 2023 and inserting the following new items: ``2022. Coordination of outreach for justice-involved veterans at risk of homelessness. ``2023. Coordination of outreach services for veterans at risk of homelessness. ``2024. Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions.''. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the program carried out under section 2022(a) of such title, as added by subsection (a)(1). (2) Contents.--The report submitted under paragraph (1) shall include an assessment of the following: (A) The number of coordinators established under section 2022(d)(1) of such title, as added by subsection (a)(1). (B) The training of such coordinators. (C) The capabilities of such coordinators. (D) The capacity of the program carried out under section 2022(a) of such title, as so added, to meet the demand of veterans and courts for services under the program.", "summary": "Veterans Justice Outreach Act of 2015 This bill directs the Department of Veterans Affairs (VA) to carry out a program to support veterans in contact with the criminal justice system by discouraging unnecessary criminalization of mental illness and other nonviolent crimes. The program shall be carried out in partnership with local law enforcement, judicial, and community-based treatment and legal assistance organizations. The VA shall establish coordinators to provide program outreach."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Biodiesel Promotion and Quality Assurance Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) the promotion of the biodiesel industry of the United States is a critical component of an energy policy that reduces dependence on foreign sources of petroleum; (2) a strong biodiesel industry will-- (A) significantly enhance the energy security of the United States; and (B) promote economic development and job creation (particularly in rural areas of the United States), while providing environmental, health, and greenhouse gas reduction benefits; (3) a federally-implemented biodiesel standard will result in the most efficient pricing for biodiesel across the United States; (4) it is critical to ensure that only high quality biodiesel is dispensed; (5) biodiesel contributes to cleaner air and lifecycle reductions of greenhouse gases; (6) biodiesel is an environmentally safe fuel, and is the most viable transportation fuel when measuring its carbon footprint, life cycle and energy balance; (7) the United States Department of Agriculture lifecycle study shows a 78.4 percent reduction in lifecycle CO2 for B100; (8) 1 billion gallons of biodiesel will reduce current life cycle greenhouse gas emissions by 16.12 billion pounds, the equivalent of removing 1.4 million passenger vehicles from America's roads; and (9) in 2006 alone, biodiesel's contribution to reducing greenhouse gas emissions was equal to removing 350,000 passenger vehicles from America's roads. SEC. 3. BIODIESEL FUEL STANDARD. Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by inserting after subsection (o) the following: ``(p) Biodiesel Fuel.-- ``(1) Definitions.--In this subsection: ``(A) ASTM.--The term `ASTM' means the American Society of Testing and Materials. ``(B) Bio-based diesel replacement.--The term `bio- based diesel replacement' means any type of bio-based renewable fuel derived from plant or animal matter that-- ``(i) may be used as a substitute for standard diesel fuel; and ``(ii) meets-- ``(I) the registration requirements for fuels and fuel additives under this section; and ``(II) the requirements of applicable ASTM standards. ``(C) Biodiesel.-- ``(i) In general.--The term `biodiesel' means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet-- ``(I) the registration requirements for fuels and fuel additives under this section; and ``(II) the requirements of ASTM standard D6751. ``(ii) Inclusion.--For the purpose of measuring the applicable volume of the biodiesel fuel standard under paragraph (2), the term `biodiesel' includes any bio-based diesel replacement that meets-- ``(I) applicable registration requirements for fuels and fuel additives under this section; or ``(II) applicable ASTM standards. ``(D) Biodiesel blend.--The term `biodiesel blend' means a blend of biodiesel fuel that meets the requirements of ASTM standard D6751 with petroleum- based diesel fuel. ``(2) Biodiesel fuel standard.-- ``(A) In general.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations to ensure that diesel fuel sold or introduced into commerce in the United States, on an annual average basis, contains the applicable volume of biodiesel determined in accordance with subparagraphs (B) and (C). ``(B) Calendar years 2008 through 2012.--For the purpose of subparagraph (A), the applicable volume for any of calendar years 2008 through 2012 shall be determined in accordance with the following table: Applicable volume of biodiesel ``Calendar year: (in millions of gallons): 2008................................................... 450 2009................................................... 625 2010................................................... 800 2011................................................... 1,000 2012................................................... 1,250. ``(C) Calendar year 2013 and thereafter.--For the purpose of subparagraph (A), the applicable volume for calendar year 2013 and each calendar year thereafter shall be determined by the Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, based on a review of the implementation of the program during calendar years 2008 through 2012, including a review of-- ``(i) the impact of the use of renewable fuels on the environment, air quality, energy security, job creation, and rural economic development; and ``(ii) the expected annual rate of future production of biodiesel. ``(D) Minimum percentage of biodiesel.--For the purpose of subparagraph (B), at least 80 percent of the minimum applicable volume for each of calendar years 2008 through 2012 shall be biodiesel. ``(E) Compliance.--The regulations promulgated under subparagraph (A) shall contain compliance provisions applicable to refineries, blenders, distributors, and importers, as appropriate, to ensure that the requirements of this paragraph are met, but shall not-- ``(i) restrict geographic areas in which biodiesel may be used; or ``(ii) impose any per-gallon obligation for the use of biodiesel. ``(F) Waivers.-- ``(i) Market evaluation.--The Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall continually evaluate the impact of the biodiesel requirements established under this paragraph on the price of diesel fuel. ``(ii) Waiver.--If the Administrator determines that there is a significant biodiesel feedstock disruption or other market circumstances that would make the price of biodiesel fuel unreasonable, the Administrator, with the concurrence of the Secretary of Energy and the Secretary of Agriculture, shall issue an order to reduce, for a 60-day period, the quantity of biodiesel required under subparagraph (A) by an appropriate quantity that does not exceed 15 percent of the applicable annual requirement for biodiesel. ``(iii) Factors.--In making determinations under this subparagraph, the Administrator shall consider-- ``(I) the purposes of this Act; ``(II) the differential between the price of diesel fuel and the price of biodiesel; and ``(III) the impact the biodiesel mandate has on consumers. ``(iv) Extensions.--If the Administrator determines that the feedstock disruption or circumstances described in clause (ii) is continuing beyond the 60-day period described in clause (ii) or this clause, the Administrator, with the concurrence of the Secretary of Energy and the Secretary of Agriculture, may issue an order to reduce, for an additional 60-day period, the quantity of biodiesel required under subparagraph (A) by an appropriate quantity that does not exceed an additional 15 percent of the applicable annual requirement for biodiesel. ``(v) Restoration.--If the Administrator determines that the feedstock disruption or circumstances described in clause (ii) or (iv) has concluded and that it is practicable, the Administrator, with the concurrence of the Secretary of Energy and the Secretary of Agriculture, may issue an order to increase the quantity of biodiesel required under subparagraph (A) by an appropriate quantity to account for the gallons of biodiesel not used during the period a waiver or extension was in effect under this subparagraph. ``(G) Preemption.-- ``(i) In general.--Except as provided in clause (ii) of this subparagraph, the provisions of this section shall supersede any law of any State or political subdivision thereof insofar as it mandates the use of biodiesel. ``(ii) Construction and application.-- Nothing in this section shall be construed-- ``(I) to supersede any biodiesel mandate provided in any law described in clause (i) that is enacted as of January 1, 2008; ``(II) to prohibit a State or political subdivision thereof from mandating the use of biodiesel in vehicles owned by such State or political subdivisions thereof; or ``(III) to prohibit a State or political subdivision thereof from enacting financial incentives to promote the voluntary use of biodiesel.''. SEC. 4. BIODIESEL QUALITY. Subsection (p) of section 211 of the Clean Air Act (42 U.S.C. 7545) (as added by section 3(a)) is amended by adding at the end the following: ``(3) Biodiesel quality.-- ``(A) Quality regulations.--Not later than 180 days after the date of enactment of this subsection, the Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall promulgate regulations to ensure that only high-quality biodiesel that is consistent with appropriate ASTM International standards for biodiesel and biodiesel blends is introduced into commerce. ``(B) Enforcement.--The Administrator shall establish an inspection program to ensure that biodiesel and biodiesel blends entering commerce meets the standards established under subparagraph (A). ``(C) Violations.--Regardless of whether the Administrator promulgates regulations under subparagraph (A), it shall be a violation of this Act to produce or distribute-- ``(i) biodiesel or any bio-based diesel replacement that does not meet the requirements of ASTM standard D6751; or ``(ii) a biodiesel blend that does not meet the equivalent ASTM standard, as determined by the Administrator. ``(D) Funding.--There are authorized to be appropriated to carry out this paragraph $3,000,000 for each of fiscal years 2008 through 2010.''. SEC. 5. BIODIESEL LABELING. Subsection (p) of section 211 of the Clean Air Act (42 U.S.C. 7545) (as amended by section 4) is amended by adding at the end the following: ``(4) Biodiesel labeling.-- ``(A) In general.--Each retail diesel fuel pump shall be labeled in a manner that informs consumers of the percent of biodiesel that is contained in the biodiesel blend that is offered for sale, as determined by the Administrator. ``(B) Labeling requirements.--Not later than 180 days after the date of enactment of this subsection, the Administrator shall promulgate biodiesel labeling requirements as follows: ``(i) Biodiesel blends that contain less than or equal to 5 percent biodiesel by volume and that meet ASTM D975 diesel specifications shall not require any additional labels. ``(ii) Biodiesel blends that contain more than 5 percent biodiesel by volume but not more than 20 percent by volume shall be labeled `contains biodiesel in quantities between 5 percent and 20 percent'. ``(iii) Biodiesel blends that contain more than 20 percent biodiesel by volume shall be labeled `contains more than 20 percent biodiesel'.''.", "summary": "Biodiesel Promotion and Quality Assurance Act of 2007 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to ensure that diesel fuel sold in the United States contains the volume of biodiesel specified for 2008 through 2012. Requires the Administrator to determine the volume for 2013 and thereafter based on a review of the program. Requires at least 80% of the minimum applicable volume for each of 2008 through 2012 to be biodiesel. Requires the biodiesel fuel standards to contain compliance provisions applicable to refineries, blenders, distributors, and importers. Prohibits such standards from restricting geographic areas in which biodiesel may be used or imposing any per-gallon obligation for the use of biodiesel. Authorizes the Administrator to reduce the quantity of biodiesel required by a specified amount if market circumstances would make the price of biodiesel fuel unreasonable. Declares that nothing in this Act shall be construed to supersede any biodiesel mandate provided in any state or local law enacted as of January 1, 2008. Requires the Administrator to: (1) promulgate regulations to ensure that only high-quality biodiesel that is consistent with appropriate International standards is introduced into commerce; and (2) establish an inspection program to ensure that biodiesel and biodiesel blends entering commerce meet such standards. Prohibits the production of distribution of biodiesel, a biodiesel blend, or any bio-based diesel replacement that does not meet American Society of Testing and Materials standards, regardless of whether the Administrator promulgates such regulations. Requires retail diesel fuel pumps to be labeled to inform consumers of the percent of biodiesel in the biodiesel blend."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Algae-based Renewable Fuel Promotion Act of 2010''. SEC. 2. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES OF THE CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC. (a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of the Internal Revenue Code of 1986 is amended to read as follows: ``(I) is derived solely from qualified feedstocks, and''. (b) Qualified Feedstock; Special Rules for Algae.--Paragraph (6) of section 40(b) of such Code is amended by redesignating subparagraphs (F), (G), and (H) as subparagraphs (H), (I), and (J), respectively, and by inserting after subparagraph (E) the following new subparagraphs: ``(F) Qualified feedstock.--For purposes of this paragraph, the term `qualified feedstock' means-- ``(i) any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, and ``(ii) any cultivated algae, cyanobacteria, or lemna. ``(G) Special rules for algae.--In the case of fuel which is derived from feedstock described in subparagraph (F)(ii) and which is sold by the taxpayer to another person for refining by such other person into a fuel which meets the requirements of subparagraph (E)(i)(II)-- ``(i) such sale shall be treated as described in subparagraph (C)(i), ``(ii) such fuel shall be treated as meeting the requirements of subparagraph (E)(i)(II) in the hands of such taxpayer, and ``(iii) except as provided in this subparagraph, such fuel (and any fuel derived from such fuel) shall not be taken into account under subparagraph (C) with respect to the taxpayer or any other person.''. (c) Algae Treated as a Qualified Feedstock for Purposes of Bonus Depreciation for Biofuel Plant Property.-- (1) In general.--Subparagraph (A) of section 168(l)(2) of such Code is amended by striking ``solely to produce cellulosic biofuel'' and inserting ``solely to produce second generation biofuel (as defined in section 40(b)(6)(E)''. (2) Conforming amendments.--Subsection (l) of section 168 of such Code is amended-- (A) by striking ``cellulosic biofuel'' each place it appears in the text thereof and inserting ``second generation biofuel'', (B) by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively, (C) by striking ``Cellulosic'' in the heading of such subsection and inserting ``Second Generation'', and (D) by striking ``cellulosic'' in the heading of paragraph (2) and inserting ``second generation''. (d) Conforming Amendments.-- (1) Section 40 of such Code, as amended by subsection (b), is amended-- (A) by striking ``cellulosic biofuel'' each place it appears in the text thereof and inserting ``second generation biofuel'', (B) by striking ``Cellulosic'' in the headings of subsections (b)(6), (b)(6)(E), and (d)(3)(D) and inserting ``Second generation'', and (C) by striking ``cellulosic'' in the headings of subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6), and (e)(3) and inserting ``second generation''. (2) Clause (ii) of section 40(b)(6)(E) of such Code is amended by striking ``Such term shall not'' and inserting ``The term `second generation biofuel' shall not''. (3) Paragraph (1) of section 4101(a) of such Code is amended by striking ``cellulosic biofuel'' and inserting ``second generation biofuel''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuels sold or used after the date of the enactment of this Act. (2) Application to bonus depreciation.--The amendments made by subsection (c) shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. PAYGO COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives September 28, 2010. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Algae-based Renewable Fuel Promotion Act of 2010 - Amends the Internal Revenue Code to modify the definition of \"cellulosic biofuel\" for purposes of the cellulosic biofuel producer tax credit and the special depreciation allowance to mean any liquid fuel which is derived solely from qualified feedstocks. Defines \"qualified feedstocks\" as any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis and any cultivated algae, cyanobacteria, or lemna. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010."}
{"article": "SECTION 1. ERISA PREEMPTION NOT TO APPLY TO CERTAIN STATE LAW CAUSES OF ACTION. (a) In General.--Section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144) is amended-- (1) by redesignating subsections (d) and (e) as subsection (e) and (f), respectively, and (2) by inserting after subsection (c) the following new subsection: ``(d) Preemption Not To Apply to Causes of Action Under State Law Involving Medically Reviewable Decision.-- ``(1) In general.--Except as provided in this subsection, nothing in this title (including section 502) shall be construed to supersede or otherwise alter, amend, modify, invalidate, or impair any cause of action under State law of a participant or beneficiary under a group health plan (or the estate of such a participant or beneficiary) against the plan, the plan sponsor, any health insurance issuer offering health insurance coverage in connection with the plan, or any managed care entity in connection with the plan to recover damages resulting from personal injury or for wrongful death if such cause of action arises by reason of a medically reviewable decision. ``(2) Definitions and related rules.--For purposes of this subsection-- ``(A) Medically reviewable decision.--The term `medically reviewable decision' means a denial of a claim for benefits under the plan. ``(B) Personal injury.--The term `personal injury' means a physical injury and includes an injury arising out of the treatment (or failure to treat) a mental illness or disease. ``(C) Claim for benefit.--The term `claim for benefits' means any request for coverage (including authorization of coverage), for eligibility, or for payment (or reimbursement for payment) in whole or in part, for an item or service under a group health plan or health insurance coverage. ``(D) Denial of claim for benefits.--The term `denial' means, with respect to a claim for benefits, a denial (in whole or in part) of, or a failure to act on a timely basis upon, the claim for benefits and includes a failure to provide benefits (including items and services) required to be provided under this title. ``(E) Managed care entity.-- ``(i) In general.--The term `managed care entity' means, in connection with a group health plan and subject to clause (ii), any entity that is involved in determining the manner in which or the extent to which items or services (or reimbursement therefor) are to be provided as benefits under the plan. ``(ii) Treatment of treating physicians, other treating health care professionals, and treating hospitals.--Such term does not include a treating physician or other treating health care professional of the participant or beneficiary and also does not include a treating hospital insofar as it is acting solely in the capacity of providing treatment or care to the participant or beneficiary. Nothing in the preceding sentence shall be construed to preempt vicarious liability of any plan, plan sponsor, health insurance issuer, or managed care entity. ``(3) Exclusion of employers and other plan sponsors.-- ``(A) Causes of action against employers and plan sponsors precluded.--Subject to subparagraph (B), paragraph (1) does not apply with respect to-- ``(i) any cause of action against an employer or other plan sponsor maintaining the plan (or against an employee of such an employer or sponsor acting within the scope of employment), or ``(ii) a right of recovery, indemnity, or contribution by a person against an employer or other plan sponsor (or such an employee) for damages assessed against the person pursuant to a cause of action to which paragraph (1) applies. ``(B) Certain causes of action permitted.-- Notwithstanding subparagraph (A), paragraph (1) applies with respect to any cause of action that is brought by a participant or beneficiary under a group health plan (or the estate of such a participant or beneficiary) to recover damages resulting from personal injury or for wrongful death against any employer or other plan sponsor maintaining the plan (or against an employee of such an employer or sponsor acting within the scope of employment) if such cause of action arises by reason of a medically reviewable decision, to the extent that there was direct participation by the employer or other plan sponsor (or employee) in the decision. ``(C) Direct participation.-- ``(i) Direct participation in decisions.-- For purposes of subparagraph (B), the term `direct participation' means, in connection with a decision described in subparagraph (B), the actual making of such decision or the actual exercise of control in making such decision or in the conduct constituting the failure. ``(ii) Rules of construction.--For purposes of clause (i), the employer or plan sponsor (or employee) shall not be construed to be engaged in direct participation because of any form of decisionmaking or other conduct that is merely collateral or precedent to the decision described in subparagraph (B) on a particular claim for benefits of a particular participant or beneficiary, including (but not limited to)-- ``(I) any participation by the employer or other plan sponsor (or employee) in the selection of the group health plan or health insurance coverage involved or the third party administrator or other agent; ``(II) any engagement by the employer or other plan sponsor (or employee) in any cost-benefit analysis undertaken in connection with the selection of, or continued maintenance of, the plan or coverage involved; ``(III) any participation by the employer or other plan sponsor (or employee) in the process of creating, continuing, modifying, or terminating the plan or any benefit under the plan, if such process was not substantially focused solely on the particular situation of the participant or beneficiary referred to in paragraph (1)(A); and ``(IV) any participation by the employer or other plan sponsor (or employee) in the design of any benefit under the plan, including the amount of copayment and limits connected with such benefit.''. (b) Conforming Amendment.--Section 502(b)(4) of such Act (29 U.S.C. 1132(b)(4)) is amended by striking ``514(e)(3)'' and inserting ``514(f)(3)''. (c) Effective Date.--The amendments made by this section shall apply to acts and omissions (from which a cause of action arises) occurring on or after the date of the enactment of this Act.", "summary": "Amends the Employee Retirement Income Security Act of 1974 (ERISA) to preclude federal preemption of a cause of action brought under state law by a participant or beneficiary under a group health plan to recover damages resulting from personal injury or for wrongful death against the plan, the plan sponsor, any health insurance issuer offering health insurance coverage in connection with the plan, or any managed care entity in connection with the plan if such cause of action arises by reason of a medically reviewable decision denying a benefits claim. Allows such a cause of action under state law against any employer or other plan sponsor maintaining the plan (or against an employee of such an employer or sponsor acting within the scope of employment) to the extent that there was direct participation by the employer or other plan sponsor (or employee) in such decision. Declares that this waiver of federal preemption does not apply (that is, ERISA does supersede state law) with respect to: (1) any cause of action against an employer or other plan sponsor maintaining the plan (or against an employee of such an employer or sponsor acting within the scope of employment), except where the employer or plan sponsor (or employee) participated directly in the decision to deny the claim; or (2) a right of recovery, indemnity, or contribution by a person against an employer or other plan sponsor (or such an employee) for damages assessed against the person pursuant to a cause of action under state law allowed by this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Woodrow Wilson Memorial Bridge Preservation Act''. SEC. 2. RESPONSIBILITY OF THE SECRETARY FOR THE WOODROW WILSON MEMORIAL BRIDGE. (a) Maintenance, Rehabilitation, and Expansion of Existing Bridge.--The Secretary of Transportation shall be solely responsible for the maintenance, rehabilitation, and expansion of the existing Woodrow Wilson Memorial Bridge over the Potomac River between the States of Virginia and Maryland until all conditions under section 5 are met. The Secretary shall consult with the Commonwealth of Virginia, the State of Maryland, and the District of Columbia from time to time on the operating, maintenance, and rehabilitation needs of the bridge. (b) Coordination of Agreement.--Sections 2(A), 2(B), and 2(C) of the agreement of April 19, 1985, between the Secretary of Transportation, the Commonwealth of Virginia, the State of Maryland, and the District of Columbia, related to the assignment of responsibility for the operation and maintenance of the bridge shall remain in effect. SEC. 3. ESTABLISHMENT OF FUND. (a) In General.--The contract authority, and associated obligational authority, provided by section 412 of the National Highway System Designation Act of 1995 (112 Stat. 159-160) and section 110 of title 23, United States Code, for the Woodrow Wilson Memorial Bridge shall be designated as the Woodrow Wilson Memorial Bridge Preservation Fund (in this section referred to as the ``Fund'') and shall be maintained as such within the Department of Transportation. (b) Uses of the Fund.--The Fund shall be available to the Secretary for the maintenance, rehabilitation, and expansion of the existing Woodrow Wilson Memorial Bridge for the purpose of keeping the bridge in a condition sufficient to facilitate interstate traffic in an efficient and safe manner. Amounts in the Fund shall only be available for those portions of the bridge that are owned by the Federal Government. (c) Replenishment of the Fund.--Before October 1 of each fiscal year, the Secretary shall estimate the balance in the Fund for such fiscal year. If the balance is projected to be below $50,000,000, the Secretary shall deduct from apportionments made to the Commonwealth of Virginia and the State of Maryland under section 104 of title 23, United States Code, sufficient contract authority and obligation authority to restore the projected Fund balance to $50,000,000. The obligation authority deducted shall be available until expended. (d) Annual Report.--The Secretary shall prepare and transmit to Congress an annual report on the condition of the bridge. SEC. 4. TRANSPORTATION PLAN. (a) Development.--The Secretary of Transportation, the Commonwealth of Virginia, the State of Maryland, and the District of Columbia shall develop a transportation plan for the Capital Beltway corridor (Interstate Route 495) served by the Woodrow Wilson Memorial Bridge project. The plan shall establish what level of high occupancy vehicle lanes and transit service should be provided in the corridor and how such service should be accommodated on a replacement bridge. (b) Consultation.--The plan shall be developed in consultation with appropriate local jurisdictions and metropolitan planning organizations. (c) Funding.--The cost of developing the plan may be paid from the Woodrow Wilson Memorial Bridge Preservation Fund. SEC. 5. CONSTRUCTION OF REPLACEMENT BRIDGE. (a) In General.--Upon certification to Congress by the Secretary of Transportation that all of the following conditions have been met, the balance in the Woodrow Wilson Memorial Bridge Preservation Fund shall be available for the construction of a replacement for the existing Woodrow Wilson Memorial Bridge: (1) The transportation plan required under section 4 has been completed and approved by the Secretary, the Governors of Virginia and Maryland, and the mayor of the District of Columbia. (2) Title to the existing bridge has been transferred from the Federal Government to the Commonwealth of Virginia or the State of Maryland, or both. (3) The Commonwealth of Virginia and the State of Maryland have developed a finance plan to pay for all costs of the replacement bridge project in excess of the current Federal payment provided by the Transportation Equity Act for the 21st Century and have signed an agreement with the Secretary to pay for all cost overruns to the finance plan. The plan shall give priority to the use of such Federal payment for the bridge component of the project. (b) Waiver Authority.--In developing a replacement bridge and its approaches under subsection (a), the Secretary upon petition by the States of Virginia and Maryland, may waive any requirement of title 23, United States Code, other than sections 113 and 138 of such title, that the States have determined to cause unreasonable increases in the cost of the project. SEC. 6. SENSE OF THE CONGRESS. It is the sense of Congress that-- (1) the $900,000,000 Federal payment in the Transportation Equity Act for the 21st Century to replace the Woodrow Wilson Memorial Bridge is the final Federal contribution for that project; (2) any of the Federal payment remaining after completion of the replacement bridge shall be available to pay for costs associated with construction of approaches to the bridge; and (3) all project costs not associated with the bridge component are the responsibility of the Commonwealth of Virginia and the State of Maryland as was the case with the construction of the existing bridge. SEC. 7. CONFORMING AMENDMENTS. Section 412 of the National Highway System Designation Act of 1995 (112 Stat. 159-160) is amended-- (1) in subsection (a)(1) by striking ``of planning'' and all that follows through the period at the end of such subsection and inserting ``of maintenance and rehabilitation by the Secretary of the existing Woodrow Wilson Memorial Bridge.''; and (2) by striking subsection (c). SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect September 30, 2000, and shall apply to fiscal years beginning after such date.", "summary": "Designates certain contract and associated obligational authorities for the bridge as the Woodrow Wilson Memorial Bridge Preservation Fund which shall be maintained within the Department of Transportation. Requires that such Fund be available to the Secretary for the maintenance, rehabilitation, and expansion of the bridge for keeping it in a condition sufficient to facilitate interstate traffic in an efficient and safe manner. Provides for amounts in the Fund only to be available for those portions of the bridge that are owned by the Federal Government. Sets forth a rule for the replenishment of the Fund. Requires the Secretary to prepare and transmit to Congress an annual report on the bridge's condition. Directs the Secretary, Virginia, Maryland, and the District of Columbia to develop a transportation plan for the Capital Beltway corridor (Interstate Route 495) served by the Woodrow Wilson Memorial Bridge project. Requires that the plan establish what level of high occupancy vehicle lanes and transit service should be provided in the corridor and how such service should be accommodated on a replacement bridge. Permits the cost of developing the plan to be paid from the Fund. Requires the balance in the Fund to be available for the construction of a replacement bridge upon certification to Congress by the Secretary that all of the following conditions have been met: (1) the transportation plan has been completed and approved by the Secretary, the Governors of Virginia and Maryland, and the mayor of the District of Columbia; (2) title to the existing bridge has been transferred from the Federal Government to Virginia, Maryland, or both; and (3) Virginia and Maryland have developed a finance plan to pay for all costs of the replacement bridge project in excess of the current Federal payment and have signed an agreement with the Secretary to pay for all cost overruns to the plan (requires the plan to give priority to the use of such Federal payment for the bridge component). Allows the Secretary, in developing a replacement bridge and its approaches, upon petition by the States of Virginia and Maryland, to waive any Federal highways requirement (with exceptions) that the States have determined to cause unreasonable increases in the cost of the project. Expresses the sense of the Congress that: (1) the $900 million Federal payment to replace the bridge is the final Federal contribution for that project; (2) any of the Federal payment remaining after completion of the replacement bridge shall be available to pay for costs associated with construction of approaches to it; and (3) all project costs not associated with the bridge component are the responsibility of the Commonwealth of Virginia and the State of Maryland."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Spectrum Relocation Improvement Act of 2008''. SEC. 2. RIGHTS AND RESPONSIBILITIES OF FEDERAL ENTITIES IN THE SPECTRUM RELOCATION PROCESS. (a) Eligible Federal Entities.--Section 113(g)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(1)) is amended to read as follows: ``(1) Eligible federal entities.--Any Federal entity, as defined in subsection (i), that operates a Federal Government station assigned to a band of eligible frequencies, as described in paragraph (2), and that incurs relocation costs because of the reallocation of frequencies from Federal use to non-Federal use shall receive payment for such costs from the Spectrum Relocation Fund if the Federal entity is found by the Office of Management and Budget (`OMB') to comply with the requirements of this section and section 118. For purposes of this paragraph, Federal power agencies exempted under subsection (c)(4) that choose to relocate from the frequencies identified for reallocation pursuant to subsection (a) are eligible to receive payment under this paragraph.''. (b) Public Information on Relocation Process.--Section 113(g) of such Act (47 U.S.C. 923(g)) is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: ``(6) Public notice of relocation plans.-- ``(A) Not later than 60 days after the date on which the NTIA, on behalf of eligible Federal entities and after review by OMB, notifies the Commission of estimated relocation costs and timelines for such relocation as required by subsection (g)(4)(A), NTIA shall post on its website detailed transition plans from each of the eligible Federal entities. Each Federal entity's transition plan shall provide the public with the following information about its spectrum relocation requirements: ``(i) Current use of the spectrum. ``(ii) Geographic location of the Federal entities' facilities or systems. ``(iii) Frequency bands used by such facilities or systems, described by geographic location. ``(iv) The steps to be taken by the Federal entity to relocate its current spectrum uses from the eligible frequencies, detailed according to timelines for specific geographic locations in sufficient detail to indicate when use of such frequencies at specific locations will be shared between the Federal entity and the commercial licensee. ``(v) The specific interactions between eligible Federal entities and NTIA needed to implement the transition plan. ``(vi) The professional staff, including managers, who are responsible for the Federal entity's relocation efforts and who are authorized to meet and negotiate with commercial licensees regarding the relocation process. ``(vii) The Federal entity's plans and timeline for using relocation funds received from the Spectrum Relocation Fund. ``(viii) The Federal entity's plans and timeline for procuring new equipment and additional personnel needed for the relocation. ``(ix) The Federal entity's plans and timeline for field-testing and deploying new equipment needed in the relocation. ``(x) The Federal entity's plans and timeline for hiring and relying on contract personnel, if any. ``(xi) Risk factors in the relocation process that could affect the Federal entity's fulfillment of its transition plan. ``(B) To be eligible to receive payment for relocation costs from the Spectrum Relocation Fund-- ``(i) Federal entities shall make the transition plans described in this subsection available to NTIA at least 60 days prior to the date that NTIA must make such plans publicly available on its website pursuant to subparagraph (A), in a common format to be specified by NTIA after public input; and ``(ii) each transition plan shall be evaluated by a standing 3-member technical panel (in this section referred to as the `Technical Panel'), which shall report to NTIA and to the Federal entity, within 30 days after the plan's submission to NTIA, on the sufficiency of the plan under this paragraph, including whether the required public information is included and whether proposed timelines and estimated relocation costs are reasonable. ``(C) The Director of OMB, the Administrator of NTIA, and the Chairman of the FCC shall each appoint one member to the Technical Panel, and each such member shall be a radio engineer or technical expert not employed by, or a paid consultant to, any Federal or State governmental agency. NTIA shall adopt regulations to govern the workings of the Technical Panel after public notice and comment, subject to OMB approval, and the members of the Technical Panel shall be appointed, within 180 days of the date of enactment of the Spectrum Relocation Improvement Act of 2008. ``(D) If any of the information otherwise required in subparagraph (g)(6) is `classified information,' as that term is defined in section 798(b) of title 18, United States Code, the Federal entity's transition plan shall explain the exclusion of any such information as specifically as possible, shall make all relevant non-classified information available in its transition plan, and shall discuss as a risk factor the extent of the classified information and the effect on the relocation process of the classified information.''. (c) Sharing and Coordination of Spectrum Between Commercial Licensees and Federal Entities During Relocation Transition.--Section 118 of such Act (47 U.S.C. 928) is amended by adding at the end the following new subsections: ``(f) Eligibility for Payment of Relocation Costs.-- ``(1) Spectrum sharing.--To be eligible to receive payment for relocation costs from the Spectrum Relocation Fund, a Federal entity must-- ``(A) in its transition plan for relocating its current spectrum uses, provide, to the fullest extent possible, for sharing and coordination of eligible frequencies with commercial licensees, including reasonable accommodation by the Federal entity for the use of eligible frequencies by the commercial licensee during the period that the Federal entity is relocating its spectrum uses (in this subsection referred to as the `transition period'); ``(B) during the transition period, make itself available, within 30 days after a written request, for negotiation and discussion with commercial licensees; and ``(C) during the transition period, make available to a commercial licensee with appropriate security clearances any `classified information' as that term is defined in section 798(b) of title 18, United States Code, regarding the relocation process, on a need-to- know basis, to assist the commercial licensee in the relocation process with that Federal entity or other Federal entities. ``(2) Timely and successful completion of relocation.--In addition to the conditions of paragraph (1), to be eligible to receive payment for relocation costs from the Spectrum Relocation Fund, a Federal entity must-- ``(A) complete the relocation of its current spectrum uses not later than 1 year after the date upon which funds are transferred to the entity to fund the relocation unless, prior to the date that NTIA is required to post publicly the Federal entity's transition plan, the Federal entity receives written approval from OMB, with advice of NTIA, for a different time period for completion; and ``(B) make available to NTIA, not later than 15 days prior to the date that is the halfway point of the time period described in subparagraph (A), a complete update of its transition plan. NTIA shall post such update publicly on its website not later than the date that is the halfway point of the time period described in subparagraph (A). ``(3) Nothing in paragraphs (1) or (2) shall be construed to adversely affect critical communications related to the mission of any Federal entity. ``(4) Subject to subsection (d), payments for relocation costs from the Spectrum Relocation Fund shall be made to an eligible Federal entity not later than 30 days after the grant of the first license following the close of the auction. ``(g) Dispute Resolution Process.-- ``(1) If, during the spectrum relocation process, a dispute arises over the execution, timing, or cost of the Federal entity's transition plan, either the Federal entity or the affected commercial licensee may seek resolution of the dispute from a 3-member dispute resolution board, consisting of a representative of OMB, NTIA, and the Commission, and chaired by the representative of OMB. ``(2) The dispute resolution board shall meet with representatives of the Federal entity and the commercial licensee together to discuss the dispute. The dispute resolution board may require the parties to make written submissions to it. The dispute resolution board shall rule on any dispute within 28 days after the date that the dispute was brought before it. ``(3) The dispute resolution board shall be assisted by the Technical Panel described in section 113(g)(6)(C). ``(4) Subject to OMB approval, NTIA shall adopt regulations to govern the working of the dispute resolution board and the role of the Technical Panel after public notice and comment within 180 days after the date of enactment of the Spectrum Relocation Improvement Act of 2008. ``(5) Appeals may be taken from decisions of the dispute resolution board to the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal with that court within 30 days after the date of such decision. Each party shall bear its own costs and expenses, including attorneys' fees, for any litigation to enforce this subsection or any decision rendered under it.''.", "summary": "Spectrum Relocation Improvement Act of 2008 - Amends the National Telecommunications and Information Administration Organization Act to require the National Telecommunications and Information Administration (NTIA) to post on its website detailed transition plans from each federal entity that is eligible for payments from the Spectrum Relocation Fund for costs related to the reallocation of frequencies from federal to nonfederal use. Requires the federal entities, to the fullest extent possible, to provide for sharing and coordination of eligible frequencies with commercial licensees. Requires federal entities to complete spectrum relocation within one year of receiving relocation payments."}
{"article": "SECTION 1. FINDINGS. Congress finds the following: (1) Armed conflicts in the Middle East have created refugee populations numbering in the millions and comprised of peoples from many ethnic, religious, and national backgrounds. (2) Jews have lived mostly as a minority in the Middle East, North Africa, and the Persian Gulf region for more than 2,500 years. (3) The United States has long voiced its concern about the mistreatment of minorities and the violation of human rights in the Middle East and elsewhere. (4) The United States continues to play a pivotal role in seeking an end to the Arab-Israeli conflict in the Middle East and to promoting a peace that will benefit all the peoples of the region. (5) United States administrations historically have called for a just solution to the Palestinian refugee problem. (6) The Palestinian refugee issue has received considerable attention from countries of the world while the issue of Jewish refugees from the Arab and Muslim worlds has received very little attention. (7) A comprehensive peace in the region will require the resolution of all outstanding issues through bilateral and multilateral negotiations involving all concerned parties. (8) Approximately 850,000 Jews were displaced from Arab countries since the declaration of the State of Israel in 1948. (9) The United States has demonstrated interest and concern about the mistreatment, violation of rights, forced expulsion, and expropriation of assets of minority populations in general, and, in particular, former Jewish refugees displaced from Arab countries as evidenced, inter alia, by-- (A) the Memorandum of Understanding signed by President Jimmy Carter and Israeli Foreign Minister Moshe Dayan on October 4, 1977, which states that ``[a] solution of the problem of Arab refugees and Jewish refugees will be discussed in accordance with rules which should be agreed''; (B) after negotiating the Camp David Accords, the Framework for Peace in the Middle East, the statement by President Jimmy Carter in a press conference on October 27, 1977, that ``Palestinians have rights . . . obviously there are Jewish refugees . . . they have the same rights as others do''; and (C) in an interview after Camp David II in July 2000, at which the issue of Jewish refugees displaced from Arab lands was discussed, the statement by President Clinton that ``There will have to be some sort of international fund set up for the refugees. There is, I think, some interest, interestingly enough, on both sides, in also having a fund which compensates the Israelis who were made refugees by the war, which occurred after the birth of the State of Israel. Israel is full of people, Jewish people, who lived in predominantly Arab countries who came to Israel because they were made refugees in their own land.''. (10) On April 1, 2008, the House of Representatives passed House Resolution 185, expressing the sense of the House of Representatives that-- (A) for any comprehensive Middle East peace agreement to be credible and enduring, the agreement must address and resolve all outstanding issues relating to the legitimate rights of all refugees, including Jews, Christians, and other populations, displaced from countries in the Middle East; and (B) the President should instruct the United States Representative to the United Nations and all United States representatives in bilateral and multilateral fora to-- (i) use the voice, vote, and influence of the United States to ensure that any resolutions relating to the issue of Middle East refugees, and which include a reference to the required resolution of the Palestinian refugee issue, must also include a similarly explicit reference to the resolution of the issue of Jewish refugees from Arab countries; and (ii) make clear that the United States Government supports the position that, as an integral part of any comprehensive Arab-Israeli peace, the issue of refugees from the Middle East, North Africa, and the Persian Gulf must be resolved in a manner that includes recognition of the legitimate rights of and losses incurred by all refugees displaced from Arab countries, including Jews, Christians, and other groups. (11) The international definition of a refugee clearly applies to Jews who fled the persecution of Arab regimes, where a refugee is a person who ``owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country'' (the 1951 Convention relating to the Status of Refugees). (12) On January 29, 1957, the United Nations High Commissioner for Refugees (UNHCR), determined that Jews fleeing from Arab countries were refugees who fell within the mandate of the UNHCR. (13) Subsequently, in a second UNHCR declaration, Dr. E. Jahn of the Office of the United Nations High Commissioner stated, on July 6, 1967: ``I refer to our recent discussion concerning Jews from Middle Eastern and North African countries in consequence of recent events. I am now able to inform you that such persons may be considered prima facie within the mandate of this Office.''. (14) United Nations Security Council Resolution 242 of November 22, 1967, calls for a ``just settlement of the refugee problem'' without distinction between Palestinian and Jewish refugees, and this is evidenced by the following: (A) On November 16, 1967, the United Kingdom submitted a draft of Resolution 242 (S/8247) to the United Nations Security Council. This United Kingdom draft called for a just settlement of ``the refugee problem''. The Soviet Union submitted its own draft of Resolution 242 (S/8253) to the United Nations Security Council four days later which restricted the just settlement to only ``Palestinian refugees''. (B) On November 22, 1967, the United Nations Security Council unanimously approved the draft of Resolution 242 advanced by the United Kingdom. It thus rejected the limitation proposed by the Soviet Union and accepted the broader notion of a ``just settlement of the refugee problem'' arising out of the Middle East conflict to include Palestinian and Jewish refugees. (C) Justice Arthur Goldberg, the United States Chief Delegate to the United Nations at that time, who was instrumental in drafting the unanimously adopted Resolution 242, pointed out that ``The Resolution addresses the objective of `achieving a just settlement of the refugee problem'. This language presumably refers both to Arab and Jewish refugees, for about an equal number of each abandoned their homes as a result of the several wars.''. (15) In his opening remarks before the January 28, 1992, organizational meeting for multilateral negotiations on the Middle East in Moscow, United States Secretary of State James Baker made no distinction between Palestinian refugees and Jewish refugees in articulating the mission of the Refugee Working Group, stating that ``[t]he refugee group will consider practical ways of improving the lot of people throughout the region who have been displaced from their homes''. (16) The Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict, which refers in Phase III to an ``agreed, just, fair, and realistic solution to the refugee issue'', uses language that is equally applicable to all persons displaced as a result of the conflict in the Middle East. (17) Israel's agreements with Egypt, Jordan, and the Palestinians have affirmed that a comprehensive solution to the Arab-Israeli conflict will require a just solution to the plight of all refugees. (18) Israel's long-standing position in support of the rights and claims of Jewish refugees from Arab countries and Iran is well-established: (A) On September 28, 1969, Israel adopted Government Decision number 34, in which it set up a special, temporary department in the Ministry of Justice to gather facts and evidence regarding property expropriated and persecution perpetrated on Jews in Egypt, Iraq, Syria, and Yemen. (B) On March 3, 2002, Israel adopted Government Decision number 1544, in which it reaffirmed Government Decision number 34 and expanded it to include Jews who left all Arab countries and Iran. (C) On December 28, 2003, Israel adopted Government Decision number 1250, in which it reaffirmed Government Decisions number 34 and 1544 and directed the Department for the Rights of Jews from Arab Countries in the Ministry of Justice to continue collecting information on property expropriated and persecution perpetrated on Jews in Arab countries, create a centralized database of this information, and publish this information to encourage parties to come forward. (19) Recently, in February 2010, the Israeli Knesset adopted a law preserving the rights for compensation for Jewish refugees who originated from Arab countries and Iran. According to this law, the Israeli government and its prime minister are instructed to raise the issue of compensation for private and communal property during negotiations. (20) The initiative to secure rights and redress for Jews who were forced to flee Arab countries does not conflict with the right of Palestinian refugees to claim redress. (21) All countries should be aware of the plight of Jews and other minority groups displaced from countries in the Middle East, North Africa, and the Persian Gulf. (22) An international campaign has been proceeding in some 20 countries to record the history and legacy of Jewish refugees from Arab countries. (23) A just, comprehensive Arab-Israeli peace cannot be reached without addressing the uprooting of centuries-old Jewish communities in the Middle East, North Africa, and the Persian Gulf. (24) It would be inappropriate and unjust for the United States to recognize rights for Palestinian refugees without recognizing equal rights for Jewish refugees from Arab countries. SEC. 2. REPORT. Not later than 1 year after the date of the enactment of this Act, and every two years thereafter, the President shall submit to Congress a report on the following: (1) Actions the executive branch has taken to fulfill the sense of the House of Representatives, as contained in paragraph (2) of the first section of House Resolution 185 (as passed the House of Representatives on April 1, 2008) and described in section 1(10)(B) of this Act. (2) Actions the executive branch has taken to use the voice, vote, and influence of the United States to ensure that any statements that include a reference to the required resolution of the Palestinian refugee issue by the Quartet on the Middle East, which includes the United Nations, the United States, the European Union, and Russia, must also include a similarly explicit reference to the resolution of the issue of Jewish refugees from Arab countries. (3) Assistance the United States has provided to Israel to help it accomplish its goal that the interests of Jews displaced from Arab countries are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace. (4) Recommended actions that would ensure that the interests of all refugees displaced from Arab countries, including Jews, Christians, and other groups, are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace.", "summary": "Directs the President to report to Congress every two years regarding executive branch actions taken to ensure that the interests of all refugees displaced from Arab countries, including Jews, Christians, and other groups, are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Family Opportunity Act of 1998''. SEC. 2. DEDUCTION FOR POSTSECONDARY TUITION AND RELATED EXPENSES IN LIEU OF HOPE AND LIFETIME LEARNING CREDIT. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. DEDUCTION FOR POSTSECONDARY TUITION AND RELATED EXPENSES IN LIEU OF HOPE AND LIFETIME LEARNING CREDIT. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the qualified tuition and related expenses paid or incurred by such individual. ``(b) Limitation.-- ``(1) In general.--The amount allowable as a deduction under subsection (a) for a taxable year shall not exceed the deductible limit for each eligible student. ``(2) Deductible limit.--For purposes of paragraph (1), the deductible limit for a taxable year shall be determined in accordance with the following table: ``Taxable years beginning in calendar year: Deductible limit: 1999................................................... $5,000 2000................................................... $5,500 2001................................................... $6,000 2002................................................... $6,500 2003................................................... $7,000 2004................................................... $7,500 2005................................................... $8,000 2006................................................... $8,500 2007................................................... $9,000 2008................................................... $9,500 2009 and thereafter....................................$10,000. ``(c) Qualified Tuition and Related Expenses; Eligible Student.-- The terms `qualified tuition and related expenses' and `eligible student' shall have the same meanings given to such terms by section 25A. ``(d) Applicable Rules.--For purposes of this section, rules similar to the rules of section 25A(g) shall apply.''. (b) Deduction Not a Miscellaneous Itemized Deduction.--Subsection (b) of section 67 of such Code (relating to miscellaneous itemized deductions) is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) the deduction under section 222 (relating to deduction for postsecondary tuition and related expenses in lieu of Hope and Lifetime Learning credit).''. (c) Conforming Amendments.-- (1) Subparagraph (B) of section 72(t)(7) of such Code is amended by inserting ``or 222(e)(2), as the case may be'' after ``section 25A(g)(2)''. (2) Paragraph (2) of section 135(d) of such Code is amended by inserting ``or 222, as the case may be,'' after ``section 25A''. (3) Paragraph (2) of section 221(e) of such Code is amended by striking ``and'' after subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) the amount allowed as a deduction under section 222.''. (4) Paragraph (2) of section 6213(g) of such Code is amended-- (A) by striking ``and'' at the end of subparagraph (J) (as added by section 201(b) of the Taxpayer Relief Act of 1997), (B) by redesignating subparagraph (J) (as added by section 1085(a)(3) of the Taxpayer Relief Act of 1997) as subparagraph (K) and by striking the period at the end of such subparagraph and inserting ``, and'', and (C) by adding at the end the following new subparagraph: ``(L) an omission of a correct TIN required under section 222(e)(1) (relating to higher education tuition and related expenses) to be included on a return.''. (d) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Deduction for postsecondary tuition and related expenses in lieu of Hope and Lifetime Learning credit. ``Sec. 223. Cross reference.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after December 31, 1998, for education furnished in academic periods beginning after such date.", "summary": "Higher Education Family Opportunity Act of 1998 - Amends the Internal Revenue Code to permit a deduction for qualified tuition and related expenses in lieu of the Hope and Lifetime Learning credits. Sets the deductible limit at $5,000 for 1999 and increases such limit by $500 annually until it reaches $10,000 for years 2009 and thereafter."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Manhattan Project National Historical Park Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Manhattan Project was an unprecedented top-secret program implemented during World War II to produce an atomic bomb before Nazi Germany; (2) a panel of experts convened by the President's Advisory Council on Historic Preservation in 2001-- (A) stated that ``the development and use of the atomic bomb during World War II has been called `the single most significant event of the 20th century'''; and (B) recommended that nationally significant sites associated with the Manhattan Project be formally established as a collective unit and be administered for preservation, commemoration, and public interpretation in cooperation with the National Park Service; (3) the Manhattan Project National Historical Park Study Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary of the Interior, in consultation with the Secretary of Energy, to conduct a special resource study of the historically significant sites associated with the Manhattan Project to assess the national significance, suitability, and feasibility of designating 1 or more sites as a unit of the National Park System; (4) after significant public input, the National Park Service study found that ``including Manhattan Project-related sites in the national park system will expand and enhance the protection and preservation of such resources and provide for comprehensive interpretation and public understanding of this nationally significant story in the 20th century American history''; (5) the Department of the Interior, with the concurrence of the Department of Energy, recommended the establishment of a Manhattan Project National Historical Park comprised of resources at-- (A) Oak Ridge, Tennessee; (B) Los Alamos, New Mexico; and (C) Hanford, in the Tri-Cities area, Washington; and (6) designation of a Manhattan Project National Historical Park as a unit of the National Park System would improve the preservation of, interpretation of, and access to the nationally significant historic resources associated with the Manhattan Project for present and future generations to gain a better understanding of the Manhattan Project, including the significant, far-reaching, and complex legacy of the Manhattan Project. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to preserve and protect for the benefit of present and future generations the nationally significant historic resources associated with the Manhattan Project; (2) to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project; (3) to enhance public access to the Historical Park, consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and (4) to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project. SEC. 4. DEFINITIONS. In this Act: (1) Historical park.--The term ``Historical Park'' means the Manhattan Project National Historical Park established under section 5. (2) Manhattan project.--The term ``Manhattan Project'' means the Federal program to develop an atomic bomb ending on December 31, 1946. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park. (b) Eligible Areas.--The Historical Park may be comprised of 1 or more of the following areas or portions of the areas: (1) Oak ridge, tennessee.--Facilities, land, or interests in land that are-- (A) at Buildings 9204-3 and 9731 at the Y-12 National Security Complex; (B) at the X-10 Graphite Reactor at the Oak Ridge National Laboratory; (C) at the K-25 Building site at the East Tennessee Technology Park; and (D) at the former Guest House located at 210 East Madison Road. (2) Los alamos, new mexico.--Facilities, land, or interests in land that are-- (A) in the Los Alamos Scientific Laboratory National Historic Landmark District or any addition to the Landmark District proposed in the National Historic Landmark Nomination--Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA-UR 12-00387 (January 26, 2012); (B) at the former East Cafeteria located at 1670 Nectar Street; and (C) at the former dormitory located at 1725 17th Street. (3) Hanford, washington.--Facilities, land, or interests in land that are-- (A) in the B Reactor National Historic Landmark; (B) at the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District; (C) at the White Bluffs Bank building in the White Bluffs Historic District; (D) at the warehouse in the Bruggemann's Agricultural Complex; (E) at the Hanford Irrigation District Pump House; and (F) at the T Plant (221-T Process Building). SEC. 6. AGREEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Richland, and Los Alamos site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is to be included in the Historical Park, including provisions for public access, management, interpretation, and historic preservation. (b) Responsibilities of the Secretary.--Any agreement under subsection (a) shall provide that the Secretary shall-- (1) have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and (2) ensure that the agreement provides an appropriate role for the National Park Service in preserving the historic resources covered by the agreement. (c) Responsibilities of the Secretary of Energy.--Any agreement under subsection (a) shall provide that the Secretary of Energy-- (1) shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Los Alamos National Laboratory, Hanford Site, and Oak Ridge Reservation; (2) may consult with and provide historical information to the Secretary concerning the Manhattan Project; and (3) shall retain responsibility, in accordance with applicable law, for any environmental remediation and structural safety that may be necessary in or around the facilities, land, or interests in land governed by the agreement. (d) Amendments.--The agreement under subsection (a) may be amended, including to add to the Historical Park facilities, land, or interests in land described in section 5(b) that are under the jurisdiction of the Secretary of Energy. SEC. 7. PUBLIC PARTICIPATION. (a) In General.--The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public-- (1) before executing any agreement under section 6; and (2) in the development of the general management plan under section 8(b). (b) Notice of Determination.--Not later than 30 days after the date on which an agreement under section 6 is executed, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map. (c) Availability of Map.--The official boundary map published under subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Additions.--Any land, interest in land, or facility within the eligible areas described in section 5(b) that is acquired by the Secretary or included in an amendment to the agreement under section 6(d) shall be added to the Historical Park. SEC. 8. ADMINISTRATION. (a) In General.--The Secretary shall administer the Historical Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) General Management Plan.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary, in consultation with the Secretary of Energy, shall complete a general management plan for the Historical Park in accordance with section 12(b) of Public Law 91-383 (commonly known as the ``National Park Service General Authorities Act'') (16 U.S.C. 1a-7(b)). (c) Interpretive Tours.--The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park. (d) Land Acquisition.-- (1) In general.--The Secretary may acquire land and interests in land within the eligible areas described in section 5(b) by-- (A) transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy; or (B) purchase from willing sellers, donation, or exchange. (2) Facilities.--The Secretary may acquire land or interests in land in the vicinity of Historical Park for visitor and administrative facilities. (e) Donations; Cooperative Agreements.-- (1) Federal facilities.-- (A) In general.--The Secretary may enter into 1 or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency. (B) Donations; cooperative agreements.--The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under subparagraph (A). (2) Technical assistance.--The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park. (3) Donations to department of energy.--Part C of title VI of the Department of Energy Organization Act (42 U.S.C. 7251 et seq.) is amended by adding at the end the following: ``SEC. 664. ACCEPTANCE OF GIFTS, BEQUESTS, AND DEVISES. ``The Secretary may accept, hold, administer, and use gifts, bequests, and devises (including labor and services), for the purpose of preserving and providing access to, historically significant resources relating to the Department.''.", "summary": "Manhattan Project National Historical Park Act - Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. Directs the Secretary of the Interior (the Secretary) and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under the DOE's jurisdiction to be included in the Park. Adds to the Park lands, interests in land, or facilities within the eligible areas which are acquired by the Secretary or are included in an amendment to the agreement. Requires the Secretary to develop a general management plan for the Park. Authorizes the Secretary to: (1) provide interpretive tours of historically significant Manhattan Project sites and resources in Tennessee, New Mexico, and Washington state that are located outside the boundary of the Park; and (2) enter into one or more agreements with the head of a federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Project resources under the agency's control."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Centennial Monetary Commission Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The Constitution endows Congress with the power ``to coin money, regulate the value thereof''. (2) Following the financial crisis known as the Panic of 1907, Congress established the National Monetary Commission to provide recommendations for the reform of the financial and monetary systems of the United States. (3) Incorporating several of the recommendations of the National Monetary Commission, Congress created the Federal Reserve System in 1913. As currently organized, the Federal Reserve System consists of the Board of Governors in Washington, District of Columbia, and the Federal Reserve Banks organized into 12 districts around the United States. The stockholders of the 12 Federal Reserve Banks include national and certain state-chartered commercial banks, which operate on a fractional reserve basis. (4) Originally, Congress gave the Federal Reserve a monetary mandate to provide an elastic currency, within the context of a gold standard, in response to seasonal fluctuations in the demand for currency. (5) Congress also gave the Federal Reserve a financial stability mandate to serve as the lender of last resort to solvent but illiquid banks during a financial crisis. (6) In 1977, Congress changed the monetary mandate of the Federal Reserve to a dual mandate for maximum employment and stable prices. (7) Empirical studies and historical evidence, both within the United States and in other countries, demonstrate that price stability is desirable because both inflation and deflation damage the economy. (8) The economic challenge of recent years--most notably the bursting of the housing bubble, the financial crisis of 2008, and the ensuing anemic recovery--have occurred at great cost in terms of lost jobs and output. (9) Policymakers are reexamining the structure and functioning of financial institutions and markets to determine what, if any, changes need to be made to place the financial system on a stronger, more sustainable path going forward. (10) The Federal Reserve has taken extraordinary actions in response to the recent economic challenges. (11) The Federal Open Market Committee has engaged in multiple rounds of quantitative easing, providing unprecedented liquidity to financial markets, while committing to holding short-term interest rates low for a seemingly indefinite period, and pursuing a policy of credit allocation by purchasing Federal agency debt and mortgage-backed securities. (12) In the wake of the recent extraordinary actions of the Federal Reserve, Congress--consistent with its constitutional responsibilities and as it has done periodically throughout the history of the United States--has once again renewed its examination of monetary policy. (13) Central in such examination has been a renewed look at what is the most proper mandate for the Federal Reserve to conduct monetary policy in the 21st century. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Centennial Monetary Commission'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. (a) Study of Monetary Policy.--The Commission shall-- (1) examine how United States monetary policy since the creation of the Board of Governors of the Federal Reserve System in 1913 has affected the performance of the United States economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board of Governors of the Federal Reserve System and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term, including-- (A) discretion in determining monetary policy without an operational regime; (B) price level targeting; (C) inflation rate targeting; (D) nominal gross domestic product targeting (both level and growth rate); (E) the use of monetary policy rules; and (F) the gold standard; and (3) recommend a course for United States monetary policy going forward, including-- (A) the legislative mandate; (B) the operational regime; (C) the securities used in open market operations; and (D) transparency issues. (b) Report on Monetary Policy.--Not later than June 30, 2014, the Commission shall submit to Congress and make publicly available a report containing a statement of the findings and conclusions of the Commission in carrying out the study under subsection (a), together with the recommendations the Commission considers appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.-- (1) Voting members by position.--The Commission shall contain 6 voting members as follows: (A) The Chair of the Joint Economic Committee, who shall serve as Chair of the Commission. (B) The ranking minority member of the Joint Economic Committee, who shall serve as Vice Chair of the Commission. (C) The Chair of the Committee on Financial Services of the House of Representatives or another majority member of such Committee designated by the Chair. (D) The ranking minority member of the Committee on Financial Services of the House of Representatives or another minority member of such Committee designated by the ranking minority member. (E) The Chair of the Committee on Banking, Housing, and Urban Affairs of the Senate or another majority member of such Committee designated by the Chair. (F) The ranking minority member of the Committee on Banking, Housing, and Urban Affairs of the Senate or another minority member of such Committee designated by the ranking minority member. (2) Appointed voting members.--The Commission shall contain 6 voting members, who may not be Members of Congress, as follows: (A) Two members appointed by the Speaker of the House of Representatives. (B) One member appointed by the minority leader of the House of Representatives. (C) Two members appointed by the majority leader of the Senate. (D) One member appointed by the minority leader of the Senate. (3) Non-voting members.--The Commission shall contain 2 non-voting members as follows: (A) One member appointed by the Secretary of the Treasury. (B) One member who is the president of a district Federal reserve bank appointed by the Chair of the Board of Governors of the Federal Reserve System. (b) Period of Appointment.--Each member shall be appointed for the life of the Commission. (c) Timing of Appointment.--All members of the Commission shall be appointed not before January 5, 2013, and not later than 30 days after the date of the enactment of this Act. (d) Vacancies.--A vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (e) Meetings.-- (1) Initial meeting.--The Commission shall hold its initial meeting and begin the operations of the Commission as soon as is practicable. (2) Further meetings.--The Commission shall meet upon the call of the Chair or a majority of its members. (f) Quorum.--Seven voting members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Member of Congress Defined.--In this section, the term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. SEC. 6. POWERS. (a) Hearings and Sessions.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, or administer oaths as the Commission or such subcommittee or member thereof considers appropriate. (b) Contract Authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (c) Obtaining Official Data.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, any information, including suggestions, estimates, or statistics, for the purposes of this Act. (2) Requesting official data.--The head of such department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the government shall, to the extent authorized by law, furnish such information upon request made by-- (A) the Chair; (B) the Chair of any subcommittee created by a majority of the Commission; or (C) any member of the Commission designated by a majority of the commission to request such information. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the functions of the Commission. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), at the request of the Commission, departments and agencies of the United States shall provide such services, funds, facilities, staff, and other support services as may be authorized by law. (e) Postal Service.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. COMMISSION PERSONNEL. (a) Appointment and Compensation of Staff.-- (1) In general.--Subject to rules prescribed by the Commission, the Chair may appoint and fix the pay of the executive director and other personnel as the Chair considers appropriate. (2) Applicability of civil service laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of level V of the Executive Schedule. (b) Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the rate of pay for a person occupying a position at level IV of the Executive Schedule. (c) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 8. TERMINATION. (a) In General.--The Commission shall terminate on February 28, 2015. (b) Administrative Activities Before Termination.--The Commission may use the period between the submission of its report and its termination for the purpose of concluding its activities, including providing testimony to committee of Congress concerning its report. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and such sums shall remain available until the date on which the Commission terminates.", "summary": "Centennial Monetary Commission Act of 2013 - Establishes the Centennial Monetary Commission to: (1) examine how U.S. monetary policy since the creation of the Federal Reserve Board in 1913 has affected the performance of the U.S. economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term; and (3) recommend a course for U.S. monetary policy going forward."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Anti-Semitism Awareness Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Acts of anti-Semitism in countries throughout the world, including in some of the world's strongest democracies, have increased significantly in frequency and scope over the last several years. (2) During the last three months of 2003 and the first three months of 2004, there were numerous instances of anti- Semitic violence around the world, including the following incidents: (A) In Putrajaya, Malaysia, on October 16, 2003, Prime Minister Mahathir Mohamad of Malaysia told the 57 national leaders assembled for the Organization of the Islamic Conference that Jews ``rule the world by proxy'', and called for a ``final victory'' by the world's 1.3 billion Muslims, who, he said, ``cannot be defeated by a few million Jews''. (B) In Istanbul, Turkey, on November 15, 2003, simultaneous car bombs exploded outside two synagogues filled with worshippers, killing 24 people and wounding more than 250. (C) In Hobart, Australia, on January 5, 2004, poison was used to ignite and burn anti-Semitic slogans into the lawns of the Parliament House of the state of Tasmania. (D) In St. Petersburg, Russia, on February 15, 2004, vandals desecrated approximately 50 gravestones in a Jewish cemetery, painting the stones with swastikas and anti-Semitic graffiti. (E) In Toronto, Canada, from March 19 to March 21, 2004, vandals attacked a Jewish school, a Jewish cemetery, and area synagogues, painting swastikas and anti-Semitic slogans on the walls of a synagogue and on residential property in a nearby, predominantly Jewish, neighborhood. (F) In Toulon, France, on March 23, 2004, a Jewish synagogue and community center were set on fire. (3) Anti-Semitism has at times taken the form of vilification of Zionism, the Jewish national movement, and incitement against Israel. (4) Anti-Semitism is also increasingly emanating from the Arab and Muslim world on a sustained basis, including through books distributed by government-owned publishing houses in Egypt and other Arab countries. (5) In November 2002, state-run television in Egypt broadcast the anti-Semitic series entitled ``Horseman Without a Horse'', which is based upon the fictitious conspiracy theory known as the Protocols of the Elders of Zion. The Protocols have been used throughout the last century by despots such as Adolf Hitler to justify violence against Jews. (6) In November 2003, Arab television featured an anti- Semitic series entitled ``Ash-Shatat'' (``The Diaspora''), which depicts Jewish people conspiring to gain control of the world. (7) The sharp rise in anti-Semitic violence has caused international organizations such as the Organization for Security and Cooperation in Europe (OSCE) to elevate and bring renewed focus to this issue, including the convening by the OSCE in June 2003 of a conference in Vienna dedicated solely to the issue of anti-Semitism. (8) On April 28-29, 2004, in Berlin, Germany, the OSCE will again convene a conference dedicated to addressing the problem of anti-Semitism, with the United States delegation to be led by former Mayor of New York City Ed Koch. (9) The United States has vigorously supported efforts to address anti-Semitism through bilateral relationships and interaction with international organizations such as the OSCE, the European Union, and the United Nations. (10) Congress has consistently supported efforts to address the rise in anti-Semitic violence. During the 107th Congress, both the Senate and the House of Representatives passed resolutions expressing strong concern about the sharp escalation of anti-Semitic violence in Europe and calling on the Department of State to thoroughly document the phenomenon. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should continue to vigorously support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the Organization of Security and Cooperation in Europe (OSCE); (2) the United States delegation to the OSCE conference in Berlin should advocate for the appointment of a High Commissioner on anti-Semitism; (3) the President should direct the United States Ambassador to the United Nations to introduce in the most appropriate forum in the United Nations a measure condemning anti-Semitism; (4) the Secretary of State should establish a permanent office in the Department of State to monitor and combat anti- Semitism; and (5) the Department of State should thoroughly document acts of anti-Semitism and anti-Semitic incitement that occur around the world. SEC. 4. AUTHORIZATION FOR ESTABLISHMENT OF OFFICE TO MONITOR AND COMBAT ANTI-SEMITISM. The State Department Basic Authorities Act of 1956 is amended by adding after section 58 (22 U.S.C. 2730) the following new section: ``SEC. 59. MONITORING AND COMBATING ANTI-SEMITISM. ``(a) Office to Monitor and Combat Anti-Semitism.-- ``(1) Establishment of office.--The Secretary is authorized and encouraged to establish within the Department of State an Office to Monitor and Combat anti-Semitism (in this section referred to as the `Office') . ``(2) Head of office.--If the Secretary establishes the Office pursuant to paragraph (1), the head of the Office shall be the Director for Monitoring and Combatting anti-Semitism. The Secretary shall appoint the Director of the Office. ``(b) Purpose of Office.--Upon establishment, the Office shall assume the primary responsibility for-- ``(1) monitoring and combatting acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries; ``(2) coordinating and assisting in the preparation of that portion of the report required by sections 116(d)(7) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)(7) and 2304(b)) relating to a summary of acts of anti- Semitism and anti-Semitic incitement around the world for inclusion in the annual country reports on human rights practices; and ``(3) coordinating and assisting in the preparation of that portion of the report required by section 102(b)(1)(C) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(C)) relating to an assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries for inclusion in the annual international religious freedom report. ``(c) Consultations.--The Director of the Office shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions as the Director considers appropriate to fulfill the purposes of this section. ``(d) Public Hearings and Evidence.--The Director of the Office may hold public hearings take testimony, and receive evidence as the Director considers appropriate.''. SEC. 5. INCLUSION IN DEPARTMENT OF STATE ANNUAL REPORTS OF INFORMATION CONCERNING ACTS OF ANTI-SEMITISM IN FOREIGN COUNTRIES. (a) Inclusion in Country Reports on Human Rights Practices.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended-- (1) in section 116(d)(7) (22 U.S.C. 2151n(d)(7)), by striking the semicolon and inserting ``and a summary of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries, including descriptions of-- ``(A) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions, including schools, synagogues, and cemeteries that occurred in foreign countries during the preceding year; ``(B) instances of propaganda in government and non- government media and other sources in foreign countries that attempt to justify or promote racial hatred or incite acts of violence against Jewish people; ``(C) the actions, if any, taken by the governments of such countries to respond to such violence and attacks or to eliminate such propaganda or incitement; ``(D) the actions taken by such governments to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and ``(E) the efforts of such governments to promote anti-bias and tolerance education;''; and (2) in the fourth sentence of section 502B(b) (22 U.S.C. 2304(b)), by inserting before the period the following: ``and a summary of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries, including the descriptions of such acts required under section 116(d)(7)''. (b) Inclusion in International Religious Freedom Report.--Section 102(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is amended-- (1) by redesignating subparagraphs (C), (D), (E), and (F) as subparagraphs (D), (E), (F), and (G), respectively; and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Acts of anti-semitism.--An assessment and description of the nature and extent of acts of anti- Semitism and anti-Semitic incitement that occur in foreign countries, including descriptions of-- ``(i) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions, including schools, synagogues, and cemeteries that occurred in foreign countries during the preceding year; ``(ii) instances of propaganda in government and non-government media and other sources in foreign countries that attempt to justify or promote racial hatred or incite acts of violence against Jewish people; ``(iii) the actions, if any, taken by the governments of such countries to respond to such violence and attacks or to eliminate such propaganda or incitement; ``(iv) the actions taken by such governments to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and ``(v) the efforts of such governments to promote anti-bias and tolerance education.''. (c) Effective Date of Inclusions.--The amendments made by subsections (a) and (b) shall apply beginning with the first report under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) and section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6312(b)) submitted more than one year after the date of the enactment of this Act.", "summary": "Global Anti-Semitism Awareness Act of 2004 - Expresses the sense of Congress that: (1) the United States should continue to support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the Organization of Security and Cooperation in Europe (OSCE); (2) the U.S. delegation to the OSCE conference in Berlin should advocate for the appointment of a High Commissioner on anti-Semitism; and (3) the President should direct the United States Ambassador to the United Nations to introduce in the United Nations a measure condemning anti-Semitism. Amends the State Department Basic Authorities Act of 1956 to authorize and encourage the Secretary of State to establish within the Department of State an Office to Monitor and Combat anti-Semitism. Amends the Foreign Assistance Act of 1961 to include in the Department of State annual reports information on: (1) acts of anti-Semitism in foreign countries; and (2) governmental responses to such acts, including efforts to promote anti-bias education. Makes similar amendments to the International Religious Freedom Act of 1998."}
{"article": "SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER. The Black Veterans of America, a nonprofit corporation organized under the laws of the State of Minnesota, is hereby recognized as such and is granted a Federal charter. SEC. 2. POWERS. The Black Veterans of America (hereinafter in this Act referred to as the ``corporation'') shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State. SEC. 3. OBJECTS AND PURPOSES. The objects and purposes of the corporation are those provided in its bylaws and articles of incorporation and shall include the following: (1) Recognizing the contribution to the United States throughout its history made by black Americans in military service. (2) Ensuring that all veterans, and particularly black veterans, receive all benefits accorded them under law. (3) Serving as an information clearinghouse for all veterans' benefits, including education, housing, job training, disability, health care, and burial benefits. (4) Providing outreach and referral to community services for veterans and their families. (5) Providing a forum for discussion of veterans' issues and concerns. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. SEC. 5. MEMBERSHIP. Except as provided in section 8, eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the articles of incorporation and bylaws of the corporation. SEC. 6. BOARD OF DIRECTORS. Except as provided in section 8, the composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 7. OFFICERS OF CORPORATION. Except as provided in section 8, the positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 8. PROHIBITION AGAINST DISCRIMINATION. In establishing the conditions of membership in the corporation and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, handicap, age, or national origin. SEC. 9. RESTRICTIONS. (a) Income and Compensation.--No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation may not make any loan to any officer, director, or employee of the corporation. (c) Stock.--The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. (d) Claim of Congressional Approval or Authorization.--The corporation shall not claim congressional approval or the authorization of the Federal Government for any of its activities by virtue of this Act. SEC. 10. LIABILITY FOR ACTS OF OFFICERS AND AGENTS. The corporation shall be liable for the acts of its officers and agents whenever such officers and agents have acted within the scope of their authority. SEC. 11. BOOKS AND RECORDS. The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. SEC. 12. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end the following: ``(77) The Black Veterans of America.''. SEC. 13. ANNUAL REPORT. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit required by section 2 of the Act referred to in section 12. The report shall not be printed as a public document. SEC. 14. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to the Congress. SEC. 15. ``STATE'' DEFINED. For purposes of this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States. SEC. 16. TAX-EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. SEC. 17. TERMINATION FOR FAILURE TO COMPLY WITH RESTRICTIONS OR PROHIBITIONS. If the corporation shall fail to comply with any of the restrictions or provisions of this Act, the charter granted by this Act shall expire.", "summary": "Grants a Federal charter to Black Veterans of America (a nonprofit corporation organized under the laws of Minnesota)."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Mortgage Insurance Technical Corrections and Clarification Act''. SEC. 2. CHANGES IN AMORTIZATION SCHEDULE. (a) Treatment of Adjustable Rate Mortgages.--The Homeowners Protection Act of 1998 (12 U.S.C. 4901 et seq.) is amended-- (1) in section 2-- (A) in paragraph (2)(B)(i), by striking ``amortization schedules'' and inserting ``the amortization schedule then in effect''; (B) in paragraph (16)(B), by striking ``amortization schedules'' and inserting ``the amortization schedule then in effect''; (C) by redesignating paragraphs (6) through (16) (as amended by the preceding provisions of this paragraph) as paragraphs (8) through (18), respectively; and (D) by inserting after paragraph (5) the following new paragraph: ``(6) Amortization schedule then in effect.--The term `amortization schedule then in effect' means, with respect to an adjustable rate mortgage, a schedule established at the time at which the residential mortgage transaction is consummated or, if such schedule has been changed or recalculated, is the most recent schedule under the terms of the note or mortgage, which shows-- ``(A) the amount of principal and interest that is due at regular intervals to retire the principal balance and accrued interest over the remaining amortization period of the loan; and ``(B) the unpaid balance of the loan after each such scheduled payment is made.''; and (2) in section 3(f)(1)(B)(ii), by striking ``amortization schedules'' and inserting ``the amortization schedule then in effect''. (b) Treatment of Balloon Mortgages.--Paragraph (1) of section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(1)) is amended by adding at the end the following new sentence: ``A residential mortgage that (A) does not fully amortize over the term of the obligation, and (B) contains a conditional right to refinance or modify the unamortized principal at the maturity date of the term, shall be considered to be an adjustable rate mortgage for purposes of this Act.''. (c) Treatment of Loan Modifications.-- (1) In general.--Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended-- (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: ``(d) Treatment of Loan Modifications.--If a mortgagor and mortgagee (or holder of the mortgage) agree to a modification of the terms or conditions of a loan pursuant to a residential mortgage transaction, the cancellation date, termination date, or final termination shall be recalculated to reflect the modified terms and conditions of such loan.''. (2) Conforming amendments.--Section 4(a) of the Homeowners Protection Act of 1998 (12 U.S.C. 4903(a)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``section 3(f)(1)'' and inserting ``section 3(g)(1)''; (ii) in subparagraph (A)(ii)(IV), by striking ``section 3(f)'' and inserting ``section 3(g)''; and (iii) in subparagraph (B)(iii), by striking ``section 3(f)'' and inserting ``section 3(g)''; and (B) in paragraph (2), by striking ``section 3(f)(1)'' and inserting ``section 3(g)(1)''. SEC. 3. DELETION OF AMBIGUOUS REFERENCES TO RESIDENTIAL MORTGAGES. (a) Termination of Private Mortgage Insurance.--Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended-- (1) in subsection (c), by inserting ``on residential mortgage transactions'' after ``imposed''; and (2) in subsection (g) (as so redesignated by section 2(c)(1)(A) of this Act)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``mortgage or''; (B) in paragraph (2), by striking ``mortgage or''; and (C) in paragraph (3), by striking ``mortgage or'' and inserting ``residential mortgage or residential''. (b) Disclosure Requirements.--Section 4 of the Homeowners Protection Act of 1998 (12 U.S.C. 4903(a)) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``mortgage or'' the first place it appears; and (ii) by striking ``mortgage or'' the second place it appears and inserting ``residential''; and (B) in paragraph (2), by striking ``mortgage or'' and inserting ``residential''; (2) in subsection (c), by striking ``paragraphs (1)(B) and (3) of subsection (a)'' and inserting ``subsection (a)(3)''; and (3) in subsection (d), by inserting before the period at the end the following: ``, which disclosures shall relate to the mortgagor's rights under this Act''. (c) Disclosure Requirements for Lender-Paid Mortgage Insurance.-- Section 6 of the Homeowners Protection Act of 1998 (12 U.S.C. 4905) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``a residential mortgage or''; and (B) in paragraph (2), by inserting ``transaction'' after ``residential mortgage''; and (2) in subsection (d), by inserting ``transaction'' after ``residential mortgage''. SEC. 4. CANCELLATION RIGHTS AFTER CANCELLATION DATE. Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting after ``cancellation date'' the following: ``or any later date that the mortgagor fulfills all of the requirements under paragraphs (1) through (4)''; (B) in paragraph (2), by striking ``and'' at the end; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) is current on the payments required by the terms of the residential mortgage transaction; and''; and (2) in subsection (e)(1)(B) (as so redesignated by section 2(c)(1)(A) of this Act), by striking ``subsection ``(a)(3)'' and inserting ``subsection (a)(4)''. SEC. 5. CLARIFICATION OF CANCELLATION AND TERMINATION ISSUES AND LENDER PAID MORTGAGE INSURANCE DISCLOSURE REQUIREMENTS. (a) Good Payment History.--Section 2(4) of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(4)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``the later of (i)'' before ``the date''; and (B) by inserting ``, or (ii) the date that the mortgagor submits a request for cancellation under section 3(a)(1)'' before the semicolon; and (2) in subparagraph (B)-- (A) by inserting ``the later of (i)'' before ``the date''; and (B) by inserting ``, or (ii) the date that the mortgagor submits a request for cancellation under section 3(a)(1)'' before the period at the end. (b) Automatic Termination.--Paragraph (2) of section 3(b) of the Homeowners Protection Act of 1998 (12 U.S.C. 4902(b)(2)) is amended to read as follows: ``(2) if the mortgagor is not current on the termination date, on the first day of the first month beginning after the date that the mortgagor becomes current on the payments required by the terms of the residential mortgage transaction.''. (c) Premium Payments.--Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended by adding at the end the following new subsection: ``(h) Accrued Obligation for Premium Payments.--The cancellation or termination under this section of the private mortgage insurance of a mortgagor shall not affect the rights of any mortgagee, servicer, or mortgage insurer to enforce any obligation of such mortgagor for premium payments accrued prior to the date on which such cancellation or termination occurred.''. SEC. 6. DEFINITIONS. (a) Refinanced.--Section 6(c)(1)(B)(ii) of the Homeowners Protection Act of 1998 (12 U.S.C. 4905(c)(1)(B)(ii)) is amended by inserting after ``refinanced'' the following: ``(under the meaning given such term in the regulations issued by the Board of Governors of the Federal Reserve System to carry out the Truth in Lending Act (15 U.S.C. 1601 et seq.))''. (b) Midpoint of the Amortization Period.--Section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended by inserting after paragraph (6) (as added by section 2(a)(1)(D) of this Act) the following new paragraph: ``(7) Midpoint of the amortization period.--The term ``midpoint of the amortization period'' means, with respect to a residential mortgage transaction, the point in time that is halfway through the period that begins upon the first day of the amortization period established at the time a residential mortgage transaction is consummated and ends upon the completion of the entire period over which the mortgage is scheduled to be amortized.''. (c) Original Value.--Section 2(12) of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(10)) (as so redesignated by section 2(a)(1)(C) of this Act) is amended-- (1) by inserting ``transaction'' after ``a residential mortgage''; and (2) by adding at the end the following new sentence: ``In the case of a residential mortgage transaction for refinancing the principal residence of the mortgagor, such term means only the appraised value relied upon by the mortgagee to approve the refinance transaction.''. (d) Principal Residence.--Section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended-- (1) in paragraph (14) (as so redesignated by section 2(a)(1)(C) of this Act) by striking ``primary'' and inserting ``principal''; and (2) in paragraph (15) (as so redesignated by section 2(a)(1)(C) of this Act) by striking ``primary'' and inserting ``principal''. Passed the House of Representatives May 23, 2000. Attest: JEFF TRANDAHL, Clerk.", "summary": "Includes balloon mortgages within the definition of \"adjustable rate mortgages.\" States that if a residential mortgage loan is modified (with mortgagor-mortgagee agreement) the cancellation date, termination date, or final agreement shall be recalculated to reflect such modifications. (Sec. 4) Extends mortgage insurance cancellation rights beyond the cancellation date for a qualifying borrower who is current on required payments. (Sec. 5) Revises the automatic termination date with respect to a mortgagor who is not current on payments as of the mortgage termination date. States that the cancellation or termination of private mortgage insurance shall not affect the rights of any mortgagee, servicer, or insurer to enforce any accrued obligation for premium payments. (Sec. 6) Revises specified definitions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warrior Transition Assistance Act of 2009''. SEC. 2. CONTINUATION OF MILITARY COMPENSATION FOR RESERVE COMPONENT MEMBERS DURING PHYSICAL EVALUATION BOARD PROCESS AND FOR CERTAIN OTHER RESERVE COMPONENT MEMBERS. Section 1218 of title 10, United States Code, is amended by adding at the end the following new subsections: ``(d)(1) The Secretary of a military department shall give a member of a reserve component under the jurisdiction of the Secretary who is being evaluated by a physical evaluation board for separation or retirement for disability under this chapter or for placement on the temporary disability retired list or inactive status list under this chapter the option to remain on active duty in order to continue to receive pay and allowances under title 37 during the physical evaluation board process until such time as the member-- ``(A) is cleared by the board to return to duty; or ``(B) is separated, retired, or placed on the temporary disability retired list or inactive status list. ``(2) A member may change the election under paragraph (1) at any point during the physical evaluation board process and be released from active duty. ``(3) The requirements in paragraph (1) shall expire on the date that is five years after the date of the enactment of the Wounded Warrior Transition Assistance Act of 2009. ``(e)(1) The Secretary of a military department shall retain on active duty a member of a reserve component under the jurisdiction of the Secretary who incurs an injury or illness while on active duty, is being discharged or separated from the armed forces, or being released from active duty in the armed forces, and is not being evaluated by a physical evaluation board for purposes of this chapter in connection with such discharge, separation, or release in order for the member to continue to receive pay and allowances under title 37 until such time as the member-- ``(A) is retired or placed on the temporary disability retired list or inactive status list; or ``(B) is determined not to be eligible for such care or benefits based solely upon such injury or illness. ``(2) A member retained on active duty under paragraph (1) may elect at any time while so retained to be discharged, separated, or released, as applicable, from active duty. ``(3) The requirements in paragraph (1) shall expire on the date that is five years after the date of the enactment of the Wounded Warrior Transition Assistance Act of 2009. ``(f) A member contemplating the exercise of an option under subsection (d), or making an election under subsection (e), may exercise such option or make such election, as the case may be, only after consultation with a member of the applicable judge advocate general's corps.''. SEC. 3. COMPLIANCE OF HUMAN RESOURCES COMMANDS WITH REQUESTS FOR RETENTION OF RESERVE COMPONENT MEMBERS ON ACTIVE DUTY. (a) In General.--The applicable human resources command shall return to active duty in the Armed Forces for the purposes specified in subsection (b) each member of a reserve component of the Armed Forces-- (1) who wants to return to active duty; and (2) who-- (A) is determined by an appropriate physician (including a private physician) to be unable to work due to an illness or injury that may be determined to be service-connected; and (B) is not retired, placed on the temporary disability retired list, receiving incapacitation pay under subsection (g) or (h) of section 204 of title 37, United States Code, or receiving health care and disability benefits through the Department of Veterans Affairs with respect to such illness or injury. (b) Covered Purposes.--The purposes for which a member of a reserve component of the Armed Forces shall be returned to active duty under subsection (a) are the following: (1) The receipt of a medical evaluation. (2) The receipt of medical treatment for an illness or injury described in subsection (a). (3) A determination of eligibility for placement on the temporary disability retired list. (c) Human Resources Commands.--For purposes of this section, the term ``applicable human resources command'' means the following: (1) For the Army, the Human Resources Command. (2) For the Navy and the Marine Corps, the Air Force, and the Coast Guard, the command or element of the military department concerned (or the element of the Department of Homeland Security with respect to the Coast Guard when it is not acting as a service in the Navy) responsible for discharging human resources functions with respect to members of the Armed Forces. (d) Sunset.--The requirements in subsection (a) shall expire on the date that is five years after the date of the enactment of this Act. SEC. 4. ENCOURAGEMENT OF USE OF LOCAL RESIDENCES FOR CERTAIN RESERVE COMPONENT MEMBERS. Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Use of Local Residences for Certain Reserve Component Members.--(1)(A) A member of a reserve component described by subparagraph (B) shall be permitted to reside at the member's permanent place of residence if residing at that location is medically feasible, as determined by a licensed health care provider. ``(B) A member of a reserve component described by this subparagraph is any member as follows: ``(i) Any member remaining on active duty under subsection (d) of section 1218 of this title, or retained on active duty under subsection (e) of such section, during the period the member is on active duty under such subsection. ``(ii) Any member returned to active duty under section 3 of the Wounded Warrior Transition Assistance Act of 2009 during the period the member is on active duty for a purpose specified in subsection (b) of that section. ``(2) Nothing in this subsection shall be construed as terminating, altering, or otherwise affecting the authority of the commander of a member described in paragraph (1)(B) to order the member to perform duties consistent with the member's fitness for duty. ``(3) The Secretary concerned shall pay any reasonable expenses of transportation, lodging, and meals incurred by a member residing at the member's permanent place of residence under this subsection in connection with travel from the member's permanent place of residence to a medical facility during the period in which the member is covered by this subsection.''. SEC. 5. AUTHORIZATION FOR USE OF DEFENSE HEALTH PROGRAM FUNDS FOR SUPPORT PROGRAMS FOR CERTAIN MEMBERS OF THE RESERVE COMPONENTS. (a) Authorization.--Funds in the Defense Health Program shall be available, subject to appropriations, for support programs for any member of a reserve component who becomes ill or injured while on active duty and separates from active duty as a result of the illness or injury. (b) Support Programs.--The support programs for which such funds shall be available include the following: (1) Non-clinical case management. (2) TRICARE program advisors. (3) Psychological health programs. (4) Connection and support of military health system electronic medical records. (c) Coordination.--The Office of the Secretary of Defense for Health Affairs shall coordinate with the reserve components, including the National Guard, in determining the budget requirements of the reserve components for the support programs. SEC. 6. MAINTENANCE AND ASSIGNMENT OF JUDGE ADVOCATE GENERAL PERSONNEL TO ASSIST MEMBERS OF THE ARMED FORCES IN CONNECTION WITH MEDICAL DISCHARGE PROCESS. (a) Capacity for Assistance Required.--Each Secretary of a military department shall ensure that the number of members of the judge advocate general's corps under the jurisdiction of such Secretary who are dedicated to providing legal assistance to members of the Armed Forces regarding medical discharge from the Armed Forces is adequate to ensure that such corps has the capacity to provide legal assistance to all members of the Armed Force or Armed Forces under the jurisdiction of such Secretary who are undergoing medical discharge from the Armed Forces (including during evaluation by a medical evaluation board (MEB)) in connection with such medical discharge. (b) Provision of Assistance.-- (1) In general.--The Secretary of each military department shall, utilizing members of the judge advocate general's corps under the jurisdiction of such Secretary described in subsection (a), ensure that each member of the Armed Forces under the jurisdiction of such Secretary who is undergoing medical discharge from the Armed Forces receives appropriate assistance on all legal matters relating to medical discharge from the Armed Forces. (2) Elements.--The assistance provided a member of the Armed Forces under this subsection shall include the following: (A) Outreach by a member of the judge advocate general's corps to the member of the Armed Forces at the commencement of the medical discharge process by the member of the Armed Forces regarding legal matters relating to evaluation by a medical evaluation board. (B) Representation by a member of the judge advocate general's corps of the member of the Armed Forces in connection with evaluation by a medical evaluation board, if requested by the member of the Armed Forces. SEC. 7. MAINTENANCE AND ASSIGNMENT OF JUDGE ADVOCATE GENERAL PERSONNEL TO ASSIST MEMBERS OF THE ARMED FORCES IN CONNECTION WITH DISABILITY EVALUATION BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) Capacity for Assistance Required.--Each Secretary of a military department shall ensure that the judge advocate general's corps under the jurisdiction of such Secretary has the capacity to provide legal assistance to members of the Armed Force or Armed Forces under the jurisdiction of such Secretary who are undergoing disability evaluation by the Department of Veterans Affairs in connection with such disability evaluation. (b) Provision of Assistance.-- (1) In general.--The Secretary of each military department shall, utilizing members of the judge advocate general's corps under the jurisdiction of such Secretary covered by subsection (a), ensure that each member of the Armed Forces under the jurisdiction of such Secretary who is undergoing disability evaluation by the Department of Veterans Affairs receives appropriate assistance on all legal matters relating to such evaluation. (2) Elements.--The assistance provided a member of the Armed Forces under this subsection shall include the following: (A) Outreach by a member of the judge advocate general's corps to the member of the Armed Forces at the commencement by the member of the Armed Forces of disability evaluation by the Department of Veterans Affairs regarding legal matters relating to disability evaluation by the Department of Veterans Affairs. (B) Subject to paragraph (3), representation by a member of the judge advocate general's corps of the member of the Armed Forces in connection with disability evaluation by the Department of Veterans Affairs if requested by the member of the Armed Forces. (3) Scope of representation.--Members of the judge advocate generals' corps shall have such powers and privileges to practice before the Department of Veterans Affairs in connection with representation of members of the Armed Forces undergoing disability evaluation by the Department of Veterans Affairs as the Secretary of Defense and the Secretary of Veterans Affairs shall jointly prescribe in regulations for purposes of this section. Such powers and privileges may not be more restricted than the powers and privileges afforded representatives of organizations recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code, in representing veterans in connection with disability evaluation by the Department of Veterans Affairs. SEC. 8. SENSE OF CONGRESS ON ACCESS OF VETERANS SERVICE ORGANIZATIONS TO MILITARY FACILITIES FOR COUNSELING AND SERVICES FOR MEMBERS OF THE ARMED FORCES. (a) Sense of Congress.--It is the sense of Congress that-- (1) each commander of a military installation should ensure the use of space and equipment at military installations, as required by section 2670(c) of title 10, United States Code, by representatives of qualified veterans service organizations, including those authorized to function on military installations under that section; (2) the commander of each facility or location at which access is provided under section 2670(c) of such title should endeavor to provide private space in which a member of the Armed Forces may receive counseling and services as available from veterans service organizations; (3) the Secretary of Defense should widely disseminate information regarding the existence and availability of the Wounded Warrior Resource Center as required by section 1616 of the Wounded Warrior Act (title XVI of Public Law 110-181; 122 Stat. 447; 10 U.S.C. 1071 note) to members of the Armed Forces and their dependents; and (4) the Wounded Warrior Center should provide legal assistance referral information where appropriate, as provided for in this Act, especially to those members of the Armed Forces for whom a medical evaluation board or a physical evaluation board has been initiated and their family members. (b) Qualified Veterans Services Organization Defined.--In this section, the term ``qualified veterans service organization'' means an organization that is recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. SEC. 9. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of the enactment of this Act. SEC. 10. FUNDING. Notwithstanding any provision of subchapter VI of chapter 35 of title 31, United States Code, for purposes of carrying out this Act and the amendments made by this Act, an amount in the aggregate of $50,000,000 shall be derived from amounts recovered by the Department of Defense from erroneous payments to contractors pursuant to recovery audits and activities carried out by the Department under section 3561 of such title.", "summary": "Wounded Warrior Transition Assistance Act of 2009 - Directs the Secretary of each military department to provide each reserve member of that department who is being evaluated for separation or retirement for disability, or for placement on the temporary disability retired list or inactive status list, the option to remain on active duty during such evaluation in order to continue to receive military pay and allowances, until the member is: (1) cleared to return to duty; or (2) separated, retired, or placed on the temporary disability retired or inactive status list. Requires each Secretary to retain on active duty (for pay and allowances purposes) a reserve member who incurs an injury or illness while on active duty, is being discharged or separated from the Armed Forces, or is being released from active duty, and is not being evaluated in connection with such discharge, separation, or release, until the member is: (1) retired or placed on the temporary disability retired or inactive status list; or (2) determined ineligible for such care or benefits based solely upon the injury or illness. Requires military human resources commands to return to active duty during their evaluation period reserve members who request such option. Encourages the use of local residences by reserve members during such transition periods. Authorizes the use of Defense Health Program funds for reserve members who become ill or injured while on active duty and separate as a result of such illness or injury. Provides for the assignment of Judge Advocate General personnel to assist members of the Armed Forces (members) in connection with the medical discharge process and disability evaluations. Expresses support for access of veterans service organizations to military facilities to provide counseling and services to members."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Pyramid Promotional Scheme Act of 2016''. SEC. 2. PROHIBITION ON PYRAMID PROMOTIONAL SCHEMES. (a) In General.--It shall be unlawful for any person to establish, operate, promote or cause to be promoted a pyramid promotional scheme. (b) Enforcement by the Federal Trade Commission.--A violation of subsection (a) shall be treated as an unfair or deceptive act or practice in or affecting commerce under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). The Federal Trade Commission shall enforce such subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. SEC. 3. DEFINITIONS. As used in this Act: (1) Appropriate inventory repurchase agreement.--The term ``appropriate inventory purchase agreement'' means a program by which a plan or operation repurchases, upon request at the termination of a participant's business relationship with the plan or operation and based upon commercially reasonable terms, current and marketable inventory purchased and maintained by the participant for resale, use, or consumption, and such plan or operation in its recruiting literature, sales manual, and contracts with participants, including the manner in which the repurchase is exercised, and disclosure of any inventory that is not eligible for repurchase under the program. (2) Commercially reasonable terms.--The term ``commercially reasonable terms'' means the repurchase of current and marketable inventory within 12 months from the date of purchase at not less than 90 percent of the original net cost to the participant, less appropriate set-offs and legal claims, if any. (3) Compensation.--The term ``compensation'' means the payment of any money, thing of value, financial benefits, or position within the plan or operation; (4) Consideration.--The term ``consideration''-- (A) means the payment of money or another thing of value or the purchase of a product, good, service, intangible property; and (B) does not include-- (i) the purchase of a product furnished at cost to be used in making a sale and not for resale; or (ii) any time and effort spent in pursuit of sales or recruiting activities. (5) Current and marketable.--The term ``current and marketable'', with respect to inventory-- (A) means inventory that-- (i) in the case of consumable or durable goods, is unopened, unused, and within its commercially reasonable use or shelf-life period; and (ii) in the case services and intangible property, including Internet sites, represents the unexpired portion of any contract or agreement; and (B) does not include inventory that has been clearly described to the participant prior to purchase as discounted, seasonal, special promotion item, or not subject to the plan or operation's inventory repurchase program. (6) Inventory.--The term ``inventory'' means both goods and services, including company produced promotional material, sales aids, and sales kits that the plan or operation requires participants to purchase. (7) Inventory loading.--The term ``inventory loading'' means that the plan or operation requires or encourages its participants to purchase inventory in an amount that unreasonably exceeds that which the participant can expect to resell to ultimate users, or to use or consume, in a reasonable period of time. (8) Participant.--The term ``participant'' means a person who joins the plan or operation. (9) Pyramid promotional scheme.--The term ``pyramid promotional scheme'' means a plan or operation by which a person gives consideration to a participant for the right to receive compensation that is derived primarily from a participant's introduction of another person into the plan or operation rather than from the sale of products to ultimate users. (10) Ultimate user.--The term ``ultimate user'' means a non-participant in the plan or operation, or a participant who purchases reasonable amounts of products, goods, services, or intangible property for personal use and whose purchase is not made solely for purposes of qualifying for increased compensation. SEC. 4. LIMITATIONS. Nothing in this Act shall be construed to-- (1) limit the authority of any Federal official from proceeding against pyramid promotional schemes for other violations of Federal law, including the Federal Trade Commission Act; (2) allow for a defense to an enforcement action under section 2 of this Act that the alleged pyramid promotional scheme involved both a franchise to sell a product and the authority to sell additional franchises if the emphasis of the alleged pyramid promotional scheme is on the sale of additional franchises; or (3) allow for a defense to an enforcement action under section 2 of this Act that the alleged pyramid promotional scheme included repurchase agreement inventory loading programs if the emphasis of the alleged pyramid promotional scheme is on the sale of additional franchises.", "summary": "Anti-Pyramid Promotional Scheme Act of 2016 This bill prohibits the establishment, operation, or promotion of a pyramid promotional scheme, which is defined as a plan or operation by which a person gives consideration (money or other thing of value) to a participant in the scheme for the right to receive compensation derived primarily from the participant's introduction of another person into the plan or operation rather than from the sale of products to ultimate users. The bill grants enforcement authority to the Federal Trade Commission and requires violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Savings Account Availability Act of 2001''. SEC. 2. EXPANSION OF AVAILABILITY OF ARCHER MEDICAL SAVINGS ACCOUNTS. (a) Repeal of Limitations on Number of Medical Savings Accounts.-- (1) In general.--Subsections (i) and (j) of section 220 of the Internal Revenue Code of 1986 are hereby repealed. (2) Conforming amendments.-- (A) Paragraph (1) of section 220(c) of such Code is amended by striking subparagraph (D). (B) Section 138 of such Code is amended by striking subsection (f). (b) Availability Not Limited to Accounts for Employees of Small Employers and Self-Employed Individuals.-- (1) In general.--Subparagraph (A) of section 220(c)(1) of such Code (relating to eligible individual) is amended to read as follows: ``(A) In general.--The term `eligible individual' means, with respect to any month, any individual if-- ``(i) such individual is covered under a high deductible health plan as of the 1st day of such month, and ``(ii) such individual is not, while covered under a high deductible health plan, covered under any health plan-- ``(I) which is not a high deductible health plan, and ``(II) which provides coverage for any benefit which is covered under the high deductible health plan.''. (2) Conforming amendments.-- (A) Section 220(c)(1) of such Code is amended by striking subparagraph (C). (B) Section 220(c) of such Code is amended by striking paragraph (4) (defining small employer) and by redesignating paragraph (5) as paragraph (4). (C) Section 220(b) of such Code is amended by striking paragraph (4) (relating to deduction limited by compensation) and by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (c) Increase in Amount of Deduction Allowed for Contributions to Medical Savings Accounts.-- (1) In general.--Paragraph (2) of section 220(b) of such Code is amended to read as follows: ``(2) Monthly limitation.--The monthly limitation for any month is the amount equal to \\1/12\\ of the annual deductible (as of the first day of such month) of the individual's coverage under the high deductible health plan.''. (2) Conforming amendment.--Clause (ii) of section 220(d)(1)(A) of such Code is amended by striking ``75 percent of''. (d) Both Employers and Employees May Contribute to Medical Savings Accounts.--Paragraph (4) of section 220(b) of such Code (as redesignated by subsection (b)(2)(C)) is amended to read as follows: ``(4) Coordination with exclusion for employer contributions.--The limitation which would (but for this paragraph) apply under this subsection to the taxpayer for any taxable year shall be reduced (but not below zero) by the amount which would (but for section 106(b)) be includible in the taxpayer's gross income for such taxable year.''. (e) Reduction of Permitted Deductibles Under High Deductible Health Plans.-- (1) In general.--Subparagraph (A) of section 220(c)(2) of such Code (defining high deductible health plan) is amended-- (A) by striking ``$1,500'' in clause (i) and inserting ``$1,000''; and (B) by striking ``$3,000'' in clause (ii) and inserting ``$2,000''. (2) Conforming amendment.--Subsection (g) of section 220 of such Code is amended to read as follows: ``(g) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1998, each dollar amount in subsection (c)(2) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Special rules.--In the case of the $1,000 amount in subsection (c)(2)(A)(i) and the $2,000 amount in subsection (c)(2)(A)(ii), paragraph (1)(B) shall be applied by substituting `calendar year 2000' for `calendar year 1997'. ``(3) Rounding.--If any increase under paragraph (1) or (2) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.''. (f) Providing Incentives for Preferred Provider Organizations To Offer Medical Savings Accounts.--Clause (ii) of section 220(c)(2)(B) of such Code is amended by striking ``preventive care if'' and all that follows and inserting ``preventive care.'' (g) Medical Savings Accounts May Be Offered Under Cafeteria Plans.--Subsection (f) of section 125 of such Code is amended by striking ``106(b),''. (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.", "summary": "Medical Savings Account Availability Act of 2001 - Amends the Internal Revenue Code with respect to medical savings accounts to: (1) repeal restrictions on the number of accounts which may be established; and (2) expand the availability of such accounts to individuals other than the self-employed and employees of small employers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Central Oregon Jobs and Water Security Act''. SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON. Section 3(a)(72) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(72)) is amended as follows: (1) By striking ``15-mile'' and inserting ``14.75-mile''. (2) In subparagraph (B)-- (A) by striking ``8-mile'' and all that follows through ``Bowman Dam'' and inserting ``7.75-mile segment from a point one-quarter mile downstream from the toe of Bowman Dam''; and (B) by adding at the end the following: ``The developer for any hydropower development, including turbines and appurtenant facilities, at Bowman Dam, in consultation with the Bureau of Land Management, shall analyze any impacts to the Outstandingly Remarkable Values of the Wild and Scenic River that may be caused by such development, including the future need to undertake routine and emergency repairs, and shall propose mitigation for any impacts as part of any license application submitted to the Federal Energy Regulatory Commission.''. SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. Section 4 of the Act of August 6, 1956 (70 Stat. 1058), (as amended by the Acts of September 14, 1959 (73 Stat. 554), and September 18, 1964 (78 Stat. 954)) is further amended as follows: (1) By striking ``ten cubic feet'' the first place it appears and inserting ``17 cubic feet''. (2) By striking ``during those months when there is no other discharge therefrom, but this release may be reduced for brief temporary periods by the Secretary whenever he may find that release of the full ten cubic feet per second is harmful to the primary purpose of the project''. (3) By adding at the end the following: ``Without further action by the Secretary, and as determined necessary for any given year by the City of Prineville, up to seven of the 17 cubic feet per second minimum release shall also serve as mitigation for City of Prineville groundwater pumping, pursuant to and in a manner consistent with Oregon State law, including any shaping of the release of the up to seven cubic feet per second to coincide with City of Prineville groundwater pumping as may be required by the State of Oregon. As such, the Secretary is authorized to make applications to the State of Oregon in conjunction with the City to protect these supplies instream. The City shall make payment to the Secretary for that portion of the minimum release that actually serves as mitigation pursuant to Oregon State law for the City in any given year, with the payment for any given year equal to the amount of mitigation in acre feet required to offset actual City groundwater pumping for that year in accordance with Reclamation `Water and Related Contract and Repayment Principles and Requirements', Reclamation Manual Directives and Standards PEC 05-01, dated 09/12/2006, and guided by `Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies', dated March 10, 1983. The Secretary is authorized to contract exclusively with the City for additional amounts in the future at the request of the City.''. SEC. 4. FIRST FILL PROTECTION. The Act of August 6, 1956 (70 Stat. 1058), as amended by the Acts of September 14, 1959 (73 Stat. 554), and September 18, 1964 (78 Stat. 954), is further amended by adding at the end the following: ``Sec. 6. Other than the 17 cubic feet per second release provided for in section 4, and subject to compliance with the Army Corps of Engineers' flood curve requirements, the Secretary shall, on a `first fill' priority basis, store in and release from Prineville Reservoir, whether from carryover, infill, or a combination thereof, the following: ``(1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011, and up to 2,740 acre feet of water annually to supply the McKay Creek lands as provided for in section 5 of this Act. ``(2) Not more than 10,000 acre feet of water annually, to be made available to the North Unit Irrigation District pursuant to a Temporary Water Service Contract, upon the request of the North Unit Irrigation District, consistent with the same terms and conditions as prior such contracts between the District and the Bureau of Reclamation. ``Sec. 7. Except as otherwise provided in this Act, nothing in this Act-- ``(1) modifies contractual rights that may exist between contractors and the United States under Reclamation contracts; ``(2) amends or reopens contracts referred to in paragraph (1); or ``(3) modifies any rights, obligations, or requirements that may be provided or governed by Oregon State law.''. SEC. 5. OCHOCO IRRIGATION DISTRICT. (a) Early Repayment.--Notwithstanding section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner within Ochoco Irrigation District in Oregon, may repay, at any time, the construction costs of the project facilities allocated to that landowner's lands within the district. Upon discharge, in full, of the obligation for repayment of the construction costs allocated to all lands the landowner owns in the district, those lands shall not be subject to the ownership and full-cost pricing limitations of the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts supplemental to and amendatory of that Act, including the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.). (b) Certification.--Upon the request of a landowner who has repaid, in full, the construction costs of the project facilities allocated to that landowner's lands owned within the district, the Secretary of the Interior shall provide the certification provided for in subsection (b)(1) of section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm(b)(1)). (c) Contract Amendment.--On approval of the district directors and notwithstanding project authorizing legislation to the contrary, the district's reclamation contracts are modified, without further action by the Secretary of the Interior, to-- (1) authorize the use of water for instream purposes, including fish or wildlife purposes, in order for the district to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon State law; (2) include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, resulting in a total of approximately 44,937 acres within the district boundary; (3) classify as irrigable approximately 685 acres within the approximately 2,742 acres of included lands in the vicinity of McKay Creek, where the approximately 685 acres are authorized to receive irrigation water pursuant to water rights issued by the State of Oregon and have in the past received water pursuant to such State water rights; and (4) provide the district with stored water from Prineville Reservoir for purposes of supplying up to the approximately 685 acres of lands added within the district boundary and classified as irrigable under paragraphs (2) and (3), with such stored water to be supplied on an acre-per-acre basis contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the State's issuance of water rights for the use of stored water. (d) Limitation.--Except as otherwise provided in subsections (a) and (c), nothing in this section shall be construed to-- (1) modify contractual rights that may exist between the district and the United States under the district's Reclamation contracts; (2) amend or reopen the contracts referred to in paragraph (1); or (3) modify any rights, obligations or relationships that may exist between the district and its landowners as may be provided or governed by Oregon State law. Passed the House of Representatives June 5, 2012. Attest: KAREN L. HAAS, Clerk.", "summary": "Central Oregon Jobs and Water Security Act - (Sec. 2) Amends the Wild and Scenic Rivers Act to modify the boundary of the Crooked River, Oregon. Requires the developer for any hydropower development at Bowman Dam to analyze any impacts to the Outstanding Remarkable Values of the Wild and Scenic River that may be caused by such development and propose mitigation for such impacts as part of any license application submitted to the Federal Energy Regulatory Commission (FERC). (Sec. 3) Increases (from 10 to 17 cubic feet per second) the minimum release that shall be maintained from the Prineville Reservoir for the benefit of downstream fish life. Requires 7 of the 17 cubic feet per second release to serve as mitigation for the city of Prineville groundwater pumping, as determined necessary for any given year by the city, including any shaping of the release of the up to 7 cubic feet per second to coincide with the city's groundwater pumping as may be required by the state of Oregon. Authorizes the Secretary of the Army to make applications to that state in conjunction with that city to protect these supplies instream. Directs the city to make payment to the Secretary for that portion of the minimum release that actually serves as mitigation under Oregon law. Authorizes the Secretary to contract exclusively with the city for additional amounts in the future at the city's request. (Sec. 4) Directs the Secretary, on a \"first fill\" priority basis, to store in and release from the Reservoir: (1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011; (2) up to 2,740 acre feet of water annually to supply the McKay Creek lands; and (3) up to 10,000 acre feet of water annually to the North Unit Irrigation District, upon request, pursuant to a Temporary Water Service Contract. (Sec. 5) Authorizes any landowner within Ochoco Irrigation District, Oregon, to repay construction costs of project facilities allocated to that landowner's lands within that District. Requires the Secretary of the Interior, upon the request of a landowner who has repaid project construction costs, to provide certification of freedom from ownership and pricing limitations. Modifies the District's reclamation contracts, on approval of the District directors, to: (1) authorize the use of water for instream purposes in order for the District to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon law; (2) include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek; (3) classify approximately 685 of such acres as irrigable; and (4) provide the District with stored water from Prineville Reservoir for supplying such 685 acres, contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the state's issuance of water rights for the use of stored water."}
{"article": "SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Oil Region National Heritage Area Act''. (b) Definitions.--For the purposes of this Act, the following definitions shall apply: (1) Heritage area.--The term ``Heritage Area'' means the Oil Region National Heritage Area established in section 3(a). (2) Management entity.--The term ``management entity'' means the Oil Heritage Region, Inc., or its successor entity. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Oil Region of Northwestern Pennsylvania, with numerous sites and districts listed on the National Register of Historic Places, and designated by the Governor of Pennsylvania as one of the State Heritage Park Areas, is a region with tremendous physical and natural resources and possesses a story of State, national, and international significance. (2) The single event of Colonel Edwin Drake's drilling of the world's first successful oil well in 1859 has affected the industrial, natural, social, and political structures of the modern world. (3) Six national historic districts are located within the State Heritage Park boundary, in Emlenton, Franklin, Oil City, and Titusville, as well as 17 separate National Register sites. (4) The Allegheny River, which was designated as a component of the national wild and scenic rivers system in 1992 by Public Law 102-271, traverses the Oil Region and connects several of its major sites, as do some of the river's tributaries such as Oil Creek, French Creek, and Sandy Creek. (5) The unspoiled rural character of the Oil Region provides many natural and recreational resources, scenic vistas, and excellent water quality for people throughout the United States to enjoy. (6) Remnants of the oil industry, visible on the landscape to this day, provide a direct link to the past for visitors, as do the historic valley settlements, riverbed settlements, plateau developments, farmlands, and industrial landscapes. (7) The Oil Region also represents a cross section of American history associated with Native Americans, frontier settlements, the French and Indian War, African Americans and the Underground Railroad, and immigration of Swedish and Polish individuals, among others. (8) Involvement by the Federal Government shall serve to enhance the efforts of the Commonwealth of Pennsylvania, local subdivisions of the Commonwealth of Pennsylvania, volunteer organizations, and private businesses, to promote the cultural, national, and recreational resources of the region in order to fulfill their full potential. (b) Purpose.--The purpose of this Act is to enhance a cooperative management framework to assist the Commonwealth of Pennsylvania, its units of local government, and area citizens in conserving, enhancing, and interpreting the significant features of the lands, water, and structures of the Oil Region, in a manner consistent with compatible economic development for the benefit and inspiration of present and future generations in the Commonwealth of Pennsylvania and the United States. SEC. 3. OIL REGION NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established the Oil Region National Heritage Area. (b) Boundaries.--The boundaries of the Heritage Area shall include all of those lands depicted on a map entitled ``Oil Region National Heritage Area'', numbered OIRE/20,000 and dated October, 2000. The map shall be on file in the appropriate offices of the National Park Service. The Secretary of the Interior shall publish in the Federal Register, as soon as practical after the date of the enactment of this Act, a detailed description and map of the boundaries established under this subsection. (c) Management Entity.--The management entity for the Heritage Area shall be the Oil Heritage Region, Inc., the locally based private, nonprofit management corporation which shall oversee the development of a management plan in accordance with section 5(b). SEC. 4. COMPACT. To carry out the purposes of this Act, the Secretary shall enter into a compact with the management entity. The compact shall include information relating to the objectives and management of the area, including a discussion of the goals and objectives of the Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the Secretary and management entity. SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Authorities of the Management Entity.--The management entity may use funds made available under this Act for purposes of preparing, updating, and implementing the management plan developed under subsection (b). Such purposes may include-- (1) making grants to, and entering into cooperative agreements with, States and their political subdivisions, private organizations, or any other person; (2) hiring and compensating staff; and (3) undertaking initiatives that advance the purposes of the Heritage Area. (b) Management Plan.--The management entity shall develop a management plan for the Heritage Area that-- (1) presents comprehensive strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (2) takes into consideration existing State, county, and local plans and involves residents, public agencies, and private organizations working in the Heritage Area; (3) includes a description of actions that units of government and private organizations have agreed to take to protect the resources of the Heritage Area; (4) specifies the existing and potential sources of funding to protect, manage, and develop the Heritage Area; (5) includes an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational, or scenic significance; (6) describes a program for implementation of the management plan by the management entity, including plans for restoration and construction, and specific commitments for that implementation that have been made by the management entity and any other persons for the first 5 years of implementation; (7) lists any revisions to the boundaries of the Heritage Area proposed by the management entity and requested by the affected local government; and (8) includes an interpretation plan for the Heritage Area. (c) Deadline; Termination of Funding.-- (1) Deadline.--The management entity shall submit the management plan to the Secretary within 2 years after the funds are made available for this Act. (2) Termination of funding.--If a management plan is not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal assistance under this Act. (d) Duties of Management Entity.--The management entity shall-- (1) give priority to implementing actions set forth in the compact and management plan; (2) assist units of government, regional planning organizations, and nonprofit organizations in-- (A) establishing and maintaining interpretive exhibits in the Heritage Area; (B) developing recreational resources in the Heritage Area; (C) increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the Heritage Area; (D) the restoration of any historic building relating to the themes of the Heritage Area; (E) ensuring that clear signs identifying access points and sites of interest are put in place throughout the Heritage Area; and (F) carrying out other actions that the management entity determines to be advisable to fulfill the purposes of this Act; (3) encourage by appropriate means economic viability in the Heritage Area consistent with the goals of the management plan; (4) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; and (5) for any year in which Federal funds have been provided to implement the management plan under subsection (b)-- (A) conduct public meetings at least annually regarding the implementation of the management plan; (B) submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each person to which any grant was made by the management entity in the year for which the report is made; and (C) require, for all agreements entered into by the management entity authorizing expenditure of Federal funds by any other person, that the person making the expenditure make available to the management entity for audit all records pertaining to the expenditure of such funds. (e) Prohibition on the Acquisition of Real Property.--The management entity may not use Federal funds received under this Act to acquire real property or an interest in real property. SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.-- (1) In general.-- (A) Overall assistance.--The Secretary may, upon the request of the management entity, and subject to the availability of appropriations, provide technical and financial assistance to the management entity to carry out its duties under this Act, including updating and implementing a management plan that is submitted under section 5(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives. (B) Other assistance.--If the Secretary has the resources available to provide technical assistance to the management entity to carry out its duties under this Act (including updating and implementing a management plan that is submitted under section 5(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives), upon the request of the management entity the Secretary shall provide such assistance on a reimbursable basis. This subparagraph does not preclude the Secretary from providing nonreimbursable assistance under subparagraph (A). (2) Priority.--In assisting the management entity, the Secretary shall give priority to actions that assist in the-- (A) implementation of the management plan; (B) provision of educational assistance and advice regarding land and water management techniques to conserve the significant natural resources of the region; (C) development and application of techniques promoting the preservation of cultural and historic properties; (D) preservation, restoration, and reuse of publicly and privately owned historic buildings; (E) design and fabrication of a wide range of interpretive materials based on the management plan, including guide brochures, visitor displays, audio- visual and interactive exhibits, and educational curriculum materials for public education; and (F) implementation of initiatives prior to approval of the management plan. (3) Documentation of structures.--The Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, shall conduct studies necessary to document the industrial, engineering, building, and architectural history of the Heritage Area. (b) Approval and Disapproval of Management Plans.--The Secretary, in consultation with the Governor of Pennsylvania, shall approve or disapprove a management plan submitted under this Act not later than 90 days after receiving such plan. In approving the plan, the Secretary shall take into consideration the following criteria: (1) The extent to which the management plan adequately preserves and protects the natural, cultural, and historical resources of the Heritage Area. (2) The level of public participation in the development of the management plan. (3) The extent to which the board of directors of the management entity is representative of the local government and a wide range of interested organizations and citizens. (c) Action Following Disapproval.--If the Secretary disapproves a management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions in the management plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted. (d) Approving Changes.--The Secretary shall review and approve amendments to the management plan under section 5(b) that make substantial changes. Funds appropriated under this Act may not be expended to implement such changes until the Secretary approves the amendments. (e) Effect of Inaction.--If the Secretary does not approve or disapprove a management plan, revision, or change within 90 days after it is submitted to the Secretary, then such management plan, revision, or change shall be deemed to have been approved by the Secretary. SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES. Any Federal entity conducting or supporting activities directly affecting the Heritage Area shall-- (1) consult with the Secretary and the management entity with respect to such activities; (2) cooperate with the Secretary and the management entity in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and (3) to the maximum extent practicable, conduct or support such activities in a manner that the management entity determines shall not have an adverse effect on the Heritage Area. SEC. 8. SUNSET. The Secretary may not make any grant or provide any assistance under this Act after the expiration of the 15-year period beginning on the date that funds are first made available for this Act. SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. (a) Notification and Consent of Property Owners Required.--No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation, or promotion to the management entity. (b) Landowner Withdraw.--Any owner of private property included within the boundary of the Heritage Area shall have their property immediately removed from the boundary by submitting a written request to the management entity. SEC. 10. PRIVATE PROPERTY PROTECTION. (a) Access to Private Property.--Nothing in this Act shall be construed to-- (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. (b) Liability.--Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. (c) Recognition of Authority To Control Land Use.--Nothing in this Act shall be construed to modify the authority of Federal, State, or local governments to regulate land use. (d) Participation of Private Property Owners in Heritage Area.-- Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. (e) Effect of Establishment.--The boundaries designated for the Heritage Area represent the area within which Federal funds appropriated for the purpose of this Act may be expended. The establishment of the Heritage Area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity. SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES. Nothing in this Act shall preclude the management entity from using Federal funds available under Acts other than this Act for the purposes for which those funds were authorized. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) not more than $1,000,000 for any fiscal year; and (2) not more than a total of $10,000,000. (b) 50 Percent Match.--Financial assistance provided under this Act may not be used to pay more than 50 percent of the total cost of any activity carried out with that assistance.", "summary": "Oil Region National Heritage Area Act - Establishes the Oil Region National Heritage Area in Pennsylvania. Designates the Oil Heritage Region, Inc., to be the management entity for the Area. Directs such entity to: (1) prepare and implement a management plan for the Area, which shall be approved or disapproved by the Secretary of the Interior; (2) assist local governments, regional planning organizations, and nonprofit organizations in establishing and maintaining interpretive exhibits, developing recreational resources, and restoring historic buildings in the Area; and (3) encouraging economic viability in the Area. Prohibits such entity from using Federal funds under this Act to acquire real property. Authorizes the Secretary to provide technical and financial assistance to such entity. Directs the Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, to conduct studies to document the industrial, engineering, building, and architectural history of the Area. Prohibits any privately owned property from being preserved, conserved, or promoted by the management plan until the owner has been notified and has consented. Requires removal of private property from Area boundaries upon the owner's request. Authorizes appropriations. Limits the Federal assistance match to 50 percent of any activity's total cost."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Employment Reduction Assistance Act of 1998''. SEC. 2. DEFINITIONS. For the purpose of this Act: (1) The term ``employee'' means an employee (as defined by section 2105 of title 5, United States Code) of the Department of Veterans Affairs who is serving under an appointment without time limitation and has been currently employed by the Department for a continuous period of at least 3 years, but does not include-- (A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; (B) an employee having a disability on the basis of which such employee is eligible for disability retirement under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; (C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; (D) an employee who previously has received any voluntary separation incentive payment by the Government under this Act or any other authority; (E) an employee covered by statutory reemployment rights who is on transfer to another organization; or (F) an employee who, during the 24-month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or a recruitment bonus under section 7458 of title 38, United States Code; and (G) any employee who, during the 12-month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code, or a retention bonus under section 7458 of title 38, United States Code. (2) The term ``Department'' means the Department of Veterans Affairs. (3) The term ``Secretary'' means the Secretary of Veterans Affairs. SEC. 3. DEPARTMENT PLANS; APPROVAL. (a) In General.--The Secretary, before obligating any resources for voluntary separation incentive payments, shall submit to the Director of the Office of Management and Budget a strategic plan outlining the use of such incentive payments and a proposed organizational chart for the Department once such incentive payments have been completed. (b) Contents.--The plan shall specify-- (1) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level; the proposed coverage may be based on-- (A) any component of the Department of Veterans Affairs; (B) any occupation, occupation level or type of position; (C) any geographic location; or (D) any appropriate combination of the factors in subparagraphs (A), (B), and (C); (2) the manner in which such reductions will improve operating efficiency or meet actual or anticipated levels of budget or staffing resources; (3) the period of time during which incentives may be paid; and (4) a description of how the affected components of the Department of Veterans Affairs will operate without the eliminated functions and positions. (c) Approval.--The Director of the Office of Management and Budget shall approve or disapprove each plan submitted under subsection (a) and may make appropriate modifications to the plan with respect to the time period in which voluntary separation incentives may be paid, with respect to the number and amounts of incentive payments, or with respect to the coverage of incentives on the basis of the factors in subsection (b)(1). SEC. 4. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a) Authority To Provide Voluntary Separation Incentive Payments.-- (1) In general.--The Secretary may pay a voluntary separation incentive payment to an employee only to the extent necessary to reduce or eliminate the positions and functions identified by the strategic plan. (2) Employees who may receive incentives.--In order to receive a voluntary separation incentive payment, an employee must separate from service with the Department voluntarily (whether by retirement or resignation) under the provisions of this Act. (b) Amount and Treatment of Payments.--A voluntary separation incentive payment-- (1) shall be paid in a lump sum after the employee's separation; (2) shall be equal to the lesser of-- (A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under such section (without adjustment for any previous payment made under that section); or (B) an amount determined by the Secretary, not to exceed $25,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; (4) shall not be taken into account in determining the amount of severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (5) shall be paid from the appropriations or funds available for payment of the basic pay of the employee. SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT. (a) Repayment Upon Subsequent Employment.--An individual who has received a voluntary separation incentive payment under this Act and accepts any employment with the Government, or who works for any agency of the Government through a personal services contract, within five years after the date of the separation on which the payment is based shall be required to repay, before the individual's first day of employment, the entire amount of the incentive payment to the Department. (b) Waiver Authority for Certain Individuals.--(1) If the employment under subsection (a) is with an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (2) If the employment under subsection (a) is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment under subsection (a) is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (c) Definition.--For the purpose of this section, the term ``employment'' includes-- (1) for the purposes of subsections (a) and (b), employment of any length or under any type of appointment, but does not include employment that is without compensation; and (2) for the purposes of subsection (a), employment with any agency of the Government through a personal services contract. SEC. 6. ADDITIONAL AGENCY CONTRIBUTION TO RETIREMENT FUND. (a) Additional Contribution.--In addition to any other payments which it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, the Secretary shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the Department who is covered under subchapter III of chapter 83 or chapter 84 of title 5 to whom a voluntary separation incentive has been paid under this Act. (b) Definition.--For the purpose of this section, the term ``final basic pay'', with respect to an employee, means the total amount of basic pay that would be payable for a year of service by that employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. SEC. 7. REDUCTION OF AGENCY EMPLOYMENT LEVELS. (a) In General.--The total full-time equivalent employment in the Department shall be reduced by one for each separation of an employee who receives a voluntary separation incentive payment under this Act. The reduction shall be calculated by comparing the Department's full- time equivalent employment for the fiscal year in which the voluntary separation payments are made with the actual full-time equivalent employment for the prior fiscal year. (b) Enforcement.--The President, through the Office of Management and Budget, shall monitor the Department and take any action necessary to ensure that the requirements of this section are met. (c) Waiver Authority.--Subsection (a) may be waived upon a determination by the President that-- (1) the existence of a state of war or other national emergency so requires; or (2) the existence of an extraordinary emergency which threatens life, health, safety, property, or the environment so requires. SEC. 8. CONTINUED HEALTH INSURANCE COVERAGE. Section 8905a(d)(4) of title 5, United States Code, is amended-- (1) in subparagraph (A), by inserting after force ``, or an involuntary separation from a position in or under the Department of Veterans Affairs due to a reduction in force or a title 38 staffing adjustment''; (2) in subparagraph (B), by inserting at the beginning thereof ``With respect to the Department of Defense,''; (3) by redesignating subparagraph (C) as subparagraph (D); (4) by inserting after subparagraph (B) the following new subparagraph (C): ``(C) With respect to the Department of Veterans Affairs, this paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of the enactment of this subparagraph and before-- ``(i) October 1, 2004; or ``(ii) February 1, 2005, if specific notice of such separation was given to such individual before October 1, 2004.''. SEC. 9. REGULATIONS. The Director of the Office of Personnel Management may prescribe any regulations necessary to administer the provisions of this Act. SEC. 10. LIMITATION; SAVINGS CLAUSE. (a) Limitation.--No voluntary separation incentive under this Act may be paid based on the separation of an employee after September 30, 2004. (b) Savings Clause.--This Act supplements and does not supersede other authority of the Secretary. SEC. 11. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.", "summary": "Department of Veterans Affairs Employment Reduction Assistance Act of 1998 - Directs the Secretary of Veterans Affairs, before obligating any resources for voluntary separation incentive payments (payments), to submit to the Director of the Office of Management and Budget a strategic plan outlining the use of such payments and a proposed organizational chart for the Department of Veterans Affairs once such payments have been completed. Requires such plan to include: (1) the positions and functions to be reduced or eliminated; (2) their effects on meeting efficiency, budget, or staffing goals; (3) the period of time during which such incentives may be paid; and (4) a description of how the affected Department components will operate without the eliminated functions and positions. Authorizes the Secretary to make such a payment only to reduce or eliminate positions or functions identified in the plan. Requires such payments to be in a lump sum and no greater than $25,000 apiece. Requires full repayment from any individual who is subsequently reemployed with any Federal department or agency, with exceptions for certain employment in which the individual possesses unique abilities and is the only qualified applicant available. Requires the Secretary to remit to the Office of Personnel Management for credit to the Civil Service Retirement and Disability Fund 15 percent of the final basic pay of each individual receiving such payments. Reduces the total full-time equivalent employees in the Department by one for each individual receiving such a payment. Authorizes the President to waive such reductions upon a determination of the existence of: (1) a state of war or other national emergency; or (2) an extraordinary emergency which threatens life, health, safety, property, or the environment. Provides for continued temporary health insurance coverage for individuals receiving such payments. Prohibits any payment based on the separation of an employee after September 30, 2004."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing School Capacity Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Researchers in the field of public health have identified the need for a national study to identify constraints encountered by schools of nursing in graduating the number of nurses sufficient to meet the health care needs of the United States. (2) The shortage of qualified registered nurses has adversely affected the health care system of the United States. (3) Individual States have had varying degrees of success with programs designed to increase the recruitment and retention of nurses. (4) Schools of nursing have been unable to provide a sufficient number of qualified graduates to meet the workforce needs. (5) Many nurses are approaching the age of retirement, and the problem worsens each year. (6) In 2004, an estimated 125,000 applications from qualified applicants were rejected by schools of nursing, due to a shortage of faculty and a lack of capacity for additional students. SEC. 3. STUDY WITH RESPECT TO CONSTRAINTS WITH RESPECT TO SCHOOLS OF NURSING. (a) In General.--The Secretary of Health and Human Services shall request the Institute of Medicine of the National Academy of Sciences to enter into an agreement under which the Institute conducts a study for the purpose of-- (1) identifying constraints encountered by schools of nursing in admitting and graduating the number of registered nurses necessary to ensure patient safety and meet the need for quality assurance in the provision of health care; and (2) developing recommendations to alleviate the constraints on a short-term and long-term basis. (b) Certain Components.--The Secretary shall ensure that the agreement under subsection (a) provides that the study under such subsection will include information on the following: (1) The trends in applications for attendance at schools of nursing that are relevant to the purpose described in such subsection, including trends regarding applicants who are accepted for enrollment and applicants who are not accepted, particularly qualified applicants who are not accepted. (2) The number and demographic characteristics of entry- level and graduate students currently enrolled in schools of nursing, the retention rates at the schools, and the number of recent graduates from the schools, as compared to previous years and to the projected need for registered nurses based on two-year, five-year, and ten-year projections. (3) The number and demographic characteristics of nurses who pursue graduate education in nursing and non-nursing programs but do not pursue faculty positions in schools of nursing, the reasons therefor, including any regulatory barriers to choosing to pursue such positions, and the effect of such decisions on the ability of the schools to obtain adequate numbers of faculty members. (4) The extent to which entry-level graduates of the schools are satisfied with their educational preparation, including their participation in nurse externships, internships, and residency programs, and to which they are able to effectively transition into the nursing workforce. (5) The satisfaction of nurse managers and administrators with respect to the preparation and performance levels of entry-level graduates from the schools after one-year, three- year, and five-years of practice, respectively. (6) The extent to which the current salary, benefit structures, and characteristics of the workplace, including the number of nurses who are presently serving in faculty positions, influence the career path of nurses who have pursued graduate education. (7) The extent to which the use of innovative technologies for didactic and clinical nursing education might provide for an increase in the ability of schools of nursing to train qualified nurses. (c) Recommendations.--Recommendations under subsection (a)(2) may include recommendations for legislative or administrative changes at the Federal or State level, and measures that can be taken in the private sector-- (1) to facilitate the recruitment of students into the nursing profession; (2) to facilitate the retention of nurses in the workplace; and (3) to improve the resources and ability of the education and health care systems to prepare a sufficient number of qualified registered nurses. (d) Methodology of Study.-- (1) Scope.--The Secretary shall ensure that the agreement under subsection (a) provides that the study under such subsection will consider the perspectives of nurses and physicians in each of the various types of inpatient, outpatient, and residential facilities in the health care delivery system; faculty and administrators of schools of nursing; providers of health plans or health insurance; and consumers. (2) Consultation with relevant organization.--The Secretary shall ensure that the agreement under subsection (a) provides that relevant agencies and organizations with expertise on the nursing shortage will be consulted with respect to the study under such subsection, including but not limited to the following: (A) The Agency for Healthcare Research and Quality. (B) The American Academy of Nursing. (C) The American Association of Colleges of Nursing. (D) The American Nurses Association. (E) The American Organization of Nurse Executives. (F) The National Institute of Nursing Research. (G) The National League for Nursing. (H) The National Organization for Associate Degree Nursing. (I) The National Student Nurses Association. (e) Report.--The Secretary shall ensure that the agreement under subsection (a) provides that not later than 18 months after the date of the enactment of this Act, a report providing the findings and recommendations made in the study under such subsection will be submitted to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Labor, Education, and Pensions of the Senate. (f) Other Organization.--If the Institute declines to conduct the study under subsection (a), the Secretary may enter into an agreement with another appropriate private entity to conduct the study. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 4. DEFINITIONS. For purposes of this Act: (1) The term ``Institute'' means the Institute of Medicine of the National Academy of Sciences. (2)(A) The term ``school of nursing'' means a collegiate, associate degree, or diploma school of nursing in a State. (B) The terms ``collegiate school of nursing'', ``associate degree school of nursing'', and ``diploma school of nursing'' have the meanings given to such terms in section 801 of the Public Health Service Act. (3) The term ``Secretary'' means the Secretary of Health and Human Services.", "summary": "Nursing School Capacity Act of 2005 - Requires the Secretary of Health and Human Services to request that the Institute of Medicine of the National Academy of Sciences (NAS) conduct a study to: (1) identify constraints encountered by schools of nursing in admitting and graduating the number of registered nurses necessary to ensure patient safety and meet the need for quality assurance in the provision of health care; and (2) develop recommendations to alleviate the constraints on a short-term and long-term basis. Directs the Secretary to provide that the study consider the perspectives of: (1) nurses and physicians in inpatient, outpatient, and residential facilities; (2) faculty and administrators of nursing schools; (3) providers of health plans or health insurance; and (4) consumers."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds: (1) Nationwide, older abandoned or under-used commercial and industrial sites known as brownfields are often overlooked for redevelopment because of real or perceived contamination from past commercial or industrial activities. (2) Reuse of these sites often requires site assessment and cleanup, adding costs and uncertainties to the redevelopment process, and prompting many developers to pursue cheaper, less complicated development options on undeveloped sites. (3) Brownfields are at a competitive disadvantage relative to greenfield sites, as capital for their cleanup and redevelopment may not be available. Often located in distressed areas, brownfields, owned by public, private, or nonprofit entities, are frequently unable to secure financing for site remediation. (4) States have created remedial action programs to allow a person to respond voluntarily to a release or suspected release of hazardous substances at low and medium priority facilities. Such programs have flourished due to the States' ability to streamline duplicative State and Federal regulatory requirements and affect a timely, cost-effective, and environmentally protective cleanup of sites. (5) Because of their experience in administering targeted loan assistance programs, States are in a good position to use Federal funds to capitalize revolving loan funds to support local cleanup and redevelopment projects. (b) Purpose.--The purpose of this Act is to establish a pilot project to revitalize distressed communities by providing loans for cleanup of eligible brownfield facilities and properties that are remediated through State voluntary cleanup programs and that have the potential to attract private investment, foster clean manufacturing, and create jobs for local residents. SEC. 3. PILOT PROJECT PROVIDING REVOLVING LOAN FUND FOR CLEANUPS UNDER STATE VOLUNTARY CLEANUP PROGRAMS. (a) Establishment of Loan Program.--The Administrator of the Environmental Protection Agency (hereinafter in this Act referred to as the ``Administrator'') shall establish a pilot project to provide a capitalization loan to one or more States that submit applications to the Administrator to establish or expand a State revolving loan fund for purposes of providing loans for voluntary environmental cleanups of eligible facilities. (b) Application for Loan.--An application for a capitalization loan under this section shall be in such form as the Administrator considers appropriate. At a minimum, the application shall include each of the following: (1) Evidence that the State is carrying out a voluntary cleanup program for eligible facilities. The Administrator shall ensure that the State voluntary program provides, at a minimum, adequate opportunities for meaningful public participation, sufficient technical assistance, and adequate oversight and enforcement authority to ensure that cleanups protect human health and the environment, adequate resources are available to carry out cleanup, and certification from the State to the owner or prospective purchaser that the cleanup is complete. (2) Evidence that the State will provide a matching share of at least 20 percent of the costs of such cleanup from either new or existing sources of State funding. (3) A description of the State's proposed revolving loan program and of the State's capability to manage the program. States may use interest income or loan repayments (in an amount equal to not more than 10 percent of their revolving loan fund amount) for program administrative purposes. At a minimum, the State's revolving loan program shall-- (A) provide loans to both public and private parties conducting voluntary cleanups under the State's voluntary cleanup program who are unable to secure loans from private lending institutions or other means of financing; (B) require that borrowers demonstrate credit worthiness and the ability to carry out the cleanup; and (C) give priority to loans for the purpose of cleaning up-- (i) facilities that are planned to be reused for industrial purposes that employ environmentally sound practices; and (ii) facilities that will generate jobs for contractors whose principal place of business is the political subdivision in which the facility is located or for laborers who reside in such political subdivisions. (4) A statement that the State will begin repayment of the loan within 5 years after receipt of the loan, and evidence of the State's ability to repay the loan. (5) A statement that a loan from the revolving loan fund will not be used to pay for any of the following: (A) New construction at previously undeveloped sites. (B) Environmental fines or penalties. (C) Speculative assessments or speculative rehabilitation at facilities with little or no potential for economic development. (6) Such other elements as the Administrator considers appropriate. (c) Amount of Loan.--The Administrator shall determine the distribution of funds among the eligible States. The amount of a capitalization loan made by the Administrator under this Act to a State may not exceed 15 percent of the amount available each year to all the eligible States. (d) Authorization.--There are authorized to be appropriated to the Administrator for purposes of making capitalization loans to States under the pilot project established by this section the sum of $5,000,000 for fiscal year 1998 and $7,500,000 for each of the fiscal years 1999 and 2000. SEC. 4. DEFINITIONS. For purposes of this Act, the term ``eligible facility'' means a facility or property that is a low- or medium-priority environmental hazard for the State, but whose environmental contamination is thought to be preventing the timely use, redevelopment, or reuse of the facility or property, and is thought to be limited in scope and readily assessable, except that such term shall not include any of the following: (1) A facility for which an abatement action has been taken or is scheduled to be taken under section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or for which an action has been taken or is scheduled to be taken under section 7003 of the Solid Waste Disposal Act. (2) A facility that is the subject of a Federal response action under section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (3) A facility included on the National Priorities List or proposed for inclusion and for which documentation for listing has been prepared by the State or the Administrator. (4) A facility required to have a permit under section 3005 of the Solid Waste Disposal Act that does not have a permit under that section and does not qualify for authorization to operate in interim status under subsection (e) of that section. (5) A land disposal unit with respect to which a closure requirement under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is submitted and closure requirements are specified in a closure plan or permit. (6) A facility that is the subject of a corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 5924(u) or 6928(h)) that has been evaluated as high priority under the Environmental Protection Agency's National Corrective Action Priority System as set forth in regulations under subtitle C of the Solid Waste Disposal Act. (7) A facility at which assistance for response activities may be obtained pursuant to subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986. (8) A facility owned or operated by a department, agency, or instrumentality of the United States.", "summary": "Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1997 - Directs the Administrator of the Environmental Protection Agency to establish a pilot project of capitalization loans to States to establish or expand revolving loan funds for voluntary cleanup of eligible facilities. Defines \"eligible facility,\" with exceptions, as a facility or property that is a low- or medium-priority environmental hazard for the State but whose environmental contamination is thought to be: (1) preventing the timely use, redevelopment, or reuse of the facility or property; and (2) limited in scope and readily assessable. Authorizes appropriations."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``STEM Support for Teachers in Education and Mentoring (STEM) Act'' or the ``STEM\\2\\ Act''. SEC. 2. STEM EDUCATION PLANNING AND TRAINING. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``PART E--STEM EDUCATION PLANNING AND TRAINING ``SEC. 2501. DEFINITIONS. ``In this part: ``(1) Indian tribe; tribal organization.--The terms `Indian tribe' and `tribal organization' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act. ``(2) STEM.--The term `STEM' means science, technology, engineering, and mathematics. ``SEC. 2502. PLANNING GRANTS. ``(a) Purpose.--The purpose of this section is to address the lack of coordination among STEM education efforts in the States. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, nonprofit organization, or institution of higher education that identifies a coalition of related entities to participate in the grant application process under this section and subsequent STEM network activities funded with a grant awarded under this section. ``(c) Grants Authorized.-- ``(1) In general.--From amounts made available to carry out this section, the Secretary shall carry out a program of awarding, on a competitive basis, planning grants to eligible entities to enable the eligible entities to-- ``(A) develop effective State or tribal STEM networks for communication and collaboration that include school teachers, institutions of higher education, nonprofit organizations, businesses, Federal, State, and local governments, and any other relevant entities; and ``(B) through such State STEM networks, identify future STEM skills needed for STEM and non-STEM occupations. ``(2) Proportionality.--In awarding grants under this section, the Secretary shall, to the extent practicable, ensure a distribution of grant funds focused on high-need and high- poverty eligible entities. ``(d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(e) Reports.-- ``(1) Reports to the secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report describing the progress made on the grant. ``(2) Reports to congress.--Not later than 3 years after the date of enactment of the STEM Support for Teachers in Education and Mentoring (STEM) Act, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. ``SEC. 2503. TRAINING PROGRAM GRANTS. ``(a) Purpose.--The purpose of this section is to strengthen the capacity of preservice and existing teachers, elementary schools, middle schools, and secondary schools to use proven methods, including inquiry or project-based learning, to inspire and prepare students for STEM careers and build STEM literacy. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, local educational agency, institution of higher education, or nonprofit organization. ``(c) Grants Authorized.-- ``(1) In general.--From amounts made available to carry out this section, the Secretary shall carry out a program of awarding grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, carry out, and evaluate training programs for STEM education-- ``(A) in elementary schools, middle schools, and secondary schools for existing teachers; and ``(B) in postsecondary schools for preservice teachers. ``(2) Proportionality.--In awarding grants under this section, the Secretary shall, to the extent practicable, ensure an equitable distribution-- ``(A) between eligible entities serving urban areas and eligible entities serving rural areas; and ``(B) of grant funds focused on high-need and high- poverty eligible entities. ``(d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- ``(1) a description of how the eligible entity will monitor and evaluate the effectiveness of the training program, including how the eligible entity plans to measure the impact of the training on-- ``(A) teachers who attended the training after the teachers return to the classroom; or ``(B) preservice teachers; and ``(2) any other information the Secretary determines appropriate. ``(e) Use of Funds.--An eligible entity receiving a grant under this section shall use grant funds to carry out a training program, using best practice models (including inquiry and project-based models) and through summer institutes or other professional development enrichment programs, that provides professional development regarding STEM education to existing and preservice STEM teachers (including STEM teachers who are master teachers or have otherwise demonstrated mastery of STEM teaching) and administrators who are employed as teachers and administrators, respectively, as of the time of the program. ``(f) Reports.-- ``(1) Reports to the secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). ``(2) Reports to congress.--Not later than 3 years after the date of enactment of this part, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. ``SEC. 2504. ACADEMIC STANDARDS GRANTS. ``(a) Purpose.--The purpose of this section is to strengthen the capacity of States to implement new mathematics and science academic standards. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, local educational agency, public charter school, institution of higher education, or nonprofit organization. ``(c) Grants Authorized.-- ``(1) In general.--From amounts made available to carry out this section, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to support curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards. ``(2) Proportionality.--In awarding grants under this section, the Secretary shall, to the extent practicable, ensure a distribution of grant funds focused on high-need and high- poverty eligible entities. ``(d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- ``(1) a description of how the eligible entity will monitor and evaluate the effectiveness of curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards; and ``(2) any other information the Secretary determines appropriate. ``(e) Use of Funds.--An eligible entity receiving a grant under this section shall use grant funds to carry out curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards and provide professional development regarding STEM education standards and national tests for administrators who are employed as teachers and administrators, respectively, as of the time of the program. ``(f) Reports to the Secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). ``SEC. 2505. NATIONAL PANEL. ``(a) In General.--The Secretary shall establish a national panel to review, evaluate, and identify-- ``(1) rigorous kindergarten through grade 12 STEM curricula models, including computer or web-based simulation education programs, kinesthetic learning, and inquiry- or project-based learning techniques; and ``(2) best practices with respect to STEM curricula. ``(b) Members.--The Secretary shall determine the membership of the national panel described in subsection (a), which shall be comprised of individuals who have the wisdom and experience to identify and recommend the most effective STEM curricula models, such as-- ``(1) representatives of technology industries and business; ``(2) teachers and school administrators; ``(3) representatives of nonprofit organizations and community organizations; ``(4) faculty members of institutions of higher education; ``(5) research specialists and curricula specialists; ``(6) at least 1 rural education expert; ``(7) at least 1 high school or college student to provide a youth perspective; and ``(8) other individuals, as determined appropriate by the Secretary. ``(c) Reports.--The panel shall prepare reports and recommendations regarding the panel's findings as requested by the Secretary. ``SEC. 2506. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2441 the following: ``Part E--STEM Education Planning and Training ``Sec. 2501. Definitions. ``Sec. 2502. Planning grants. ``Sec. 2503. Training program grants. ``Sec. 2504. Academic standards grants. ``Sec. 2505. National panel. ``Sec. 2506. Authorization of appropriations.''.", "summary": "STEM Support for Teachers in Education and Mentoring (STEM) Act or the STEM 2 Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive planning grants to states, Indian tribes or tribal organizations, nonprofit organizations, or institutions of higher education (IHEs) to develop effective state or tribal science, technology, engineering, and mathematics (STEM) networks that coordinate STEM education efforts by: (1) facilitating communication and collaboration among public and private STEM stakeholders, and (2) identifying STEM occupational skills needed in the future. Directs the Secretary to award competitive grants to states, Indian tribes or tribal organizations, local educational agencies (LEAs), IHEs, or nonprofit organizations to develop, implement, and evaluate STEM education training programs for teachers and administrators in elementary, middle, and secondary schools and for preservice teachers in postsecondary schools. Requires the Secretary to award competitive grants to states, Indian tribes or tribal organizations, LEAs, public charter schools, IHEs, or nonprofit organizations to support curriculum development, assessments, or related activities that enable states to adopt new mathematics and science academic standards. Requires the Secretary to establish a national panel to identify and recommend the most effective STEM curricula models for kindergarten through grade 12."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``International Peacekeeping Reform Act of 1997''. SEC. 2 LIMITATION ON THE USE OF FUNDS FOR UNITED NATIONS PEACEKEEPING ACTIVITIES. (a) Limitation.--Notwithstanding any other provision of law, none of the funds made available to the Department of State under the account ``Contributions for International Peacekeeping Activities'' or any other funds made available to the Department of State under any law to pay for assessed or voluntary contributions to United Nations peacekeeping activities shall be available for obligation or expenditure to the United Nations to establish, expand in size, or modify in mission a United Nations peacekeeping operations unless, with respect to such peacekeeping operation-- (1) the President submits a certification to the appropriate congressional committees under subsection (c); and (2) except as provided in paragraph (b), the President has notified the appropriate congressional committees of the intent to support the establishment of the peacekeeping operation at least 15 days before any vote in the Security Council to establish, expand, or modify such operation. The notification shall include the following: (A) A cost assessment of such action (including the total estimated cost and the United States share of such cost). (B) Identification of the source of funding for the United States share of the costs of the action (whether in an annual budget request, reprogramming notification, a rescission of funds, a budget amendment, or a supplemental budget request. (b) Presidential Determination of Existence of Emergency.--If the President determines that an emergency exists which prevented submission of the 15-day advance notification specified in paragraph (a) and that the proposed action is in the direct national security interests of the United States, the notification described in paragraph (a) shall be provided in a timely manner but no later than 48 hours after the vote by the Security Council. (c) Certification to Congress.--The President shall determine and certify to the Congress that the United Nations Peacekeeping operation described under paragraph (a) meets the following requirements: (1) The operation involves an international conflict in which hostilities have ceased and all significant parties to the conflict agree to the imposition of United Nations peacekeeping forces for the purpose of seeking an enduring solution to the conflict. (2) With respect to any assessed contribution to such United Nations peacekeeping activity, the percentage of the United States assessed share for the total cost of the operation is no greater than the percentage of the United States assessed share for the regular United Nations budget. (3) In the event that the provision of United States intelligence information involving sensitive sources and methods on intelligence gathering is planned to be provided to the United Nations to support the operation, adequate measures have been taken by the United Nations to protect such information. (4) With respect to the participation in the operation of units of the United States Armed Forces trained to carry out direct combat missions-- (A) the operation directly advances United States national security interests, (B) the participation of such units is critical to the success of the operation, (C) such units will be under the operational command and control of the United States Armed Forces, and (D) any member of the United States Armed Forces participating in the operation would have access to the full protection of the Geneva Convention Relative to the Treatment of Prisoners of War (signed at Geneva, August 12, 1949) if captured and held by combatants or other parties to the conflict. (d) Definitions.--As used in this section: (1) the term ``appropriate congressional committees'' means the Foreign Relations and Appropriations Committees of the Senate and the International Relations and Appropriations Committees of the House of Representatives; (2) the term ``adequate measures'' refers to the implementation of procedures for protecting intelligence sources and methods (including protection from release to nations and foreign nationals that are otherwise not eligible to receive such information) no less stringent than procedures maintained by nations with which the United States regularly shares similar types of intelligence information, as determined by the Director of Central Intelligence upon consultation with the Secretary of State and Secretary of Defense; and (3) the term ``direct combat'' means engaging an enemy or hostile force with individual or crew-served weapons while being exposed to direct enemy fire, a high probability of direct physical contact with the enemy or hostile force, and a substantial risk of capture.", "summary": "International Peacekeeping Reform Act of 1997 - Prohibits funds made available to the Department of State under the Contributions for International Peacekeeping Activities Account, or under any law to pay for contributions for United Nations peacekeeping activities, from being available to the United Nations for the establishment, expansion, or modification in mission of a United Nations peacekeeping operation unless the President: (1) makes the certification required by this Act; and (2) notifies the Congress, at least 15 days before (or in the event of an emergency, within 48 hours after) any vote by the United Nations Security Council to establish, expand, or modify such operation, of the intent to support the operation. Directs the President to certify that the peacekeeping operation meets the following requirements: (1) the operation involves an international conflict in which hostilities have ceased and all significant parties to the conflict agree to the imposition of United Nations forces to seek an enduring solution to the conflict; (2) the percentage of the U.S.-assessed share of the operation's cost is no greater than the percentage of the share for the regular United Nations budget; (3) adequate measures have been taken by the United Nations to protect sensitive U.S.-supplied intelligence information; and (4) with respect to units of the U.S. armed forces trained to carry out direct combat missions, the operation advances U.S. national security interests, the units are critical to the success of the operation and will be under U.S. command and control, and any armed forces member would be protected by the Geneva Convention Relative to the Treatment of Prisoners of War."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Reservists Small Business Relief Act of 1999''. SEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVISTS. Section 7 of the Small Business Act (15 U.S.C. 636) is amended by adding at the end the following: ``(n) Repayment Deferred for Active Duty Reservists.-- ``(1) Definitions.--In this subsection: ``(A) Eligible reservist.--The term `eligible reservist' means a member of a reserve component of the Armed Forces ordered to active duty during a period of military conflict. ``(B) Essential employee.--The term `essential employee' means an individual who is employed by a small business concern and whose managerial or technical expertise is critical to the successful day- to-day operations of that small business concern. ``(C) Period of military conflict.--The term `period of military conflict' means-- ``(i) a period of war declared by Congress; ``(ii) a period of national emergency declared by Congress or by the President; or ``(iii) a period of a contingency operation, as defined in section 101(a) of title 10, United States Code. ``(D) Qualified borrower.--The term `qualified borrower' means-- ``(i) an individual who is an eligible reservist and who received a direct loan under subsection (a) or (b) before being ordered to active duty; or ``(ii) a small business concern that received a direct loan under subsection (a) or (b) before an eligible reservist, who is an essential employee, was ordered to active duty. ``(2) Deferral of direct loans.-- ``(A) In general.--The Administration shall, upon written request, defer repayment of principal and interest due on a direct loan made under subsection (a) or (b), if such loan was incurred by a qualified borrower. ``(B) Period of deferral.--The period of deferral for repayment under this paragraph shall begin on the date on which the eligible reservist is ordered to active duty and shall terminate on the date that is 180 days after the date such eligible reservist is discharged or released from active duty. ``(C) Interest rate reduction during deferral.-- Notwithstanding any other provision of law, during the period of deferral described in subparagraph (B), the Administration may, in its discretion, reduce the interest rate on any loan qualifying for a deferral under this paragraph. ``(3) Deferral of loan guarantees and other financings.-- The Administration shall-- ``(A) encourage intermediaries participating in the program under subsection (m) to defer repayment of a loan made with proceeds made available under that subsection, if such loan was incurred by a small business concern that is eligible to apply for assistance under subsection (b)(3); and ``(B) not later than 30 days after the date of enactment of this subsection, establish guidelines to-- ``(i) encourage lenders and other intermediaries to defer repayment of, or provide other relief relating to, loan guarantees under subsection (a) and financings under section 504 of the Small Business Investment Act of 1958 that were incurred by small business concerns that are eligible to apply for assistance under subsection (b)(3), and loan guarantees provided under subsection (m) if the intermediary provides relief to a small business concern under this paragraph; and ``(ii) implement a program to provide for the deferral of repayment or other relief to any intermediary providing relief to a small business borrower under this paragraph.''. SEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVISTS' SMALL BUSINESSES. Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting after the undesignated paragraph that begins with ``Provided, That no loan'', the following: ``(3)(A) In this paragraph-- ``(i) the term `essential employee' means an individual who is employed by a small business concern and whose managerial or technical expertise is critical to the successful day-to-day operations of that small business concern; ``(ii) the term `period of military conflict' has the meaning given the term in subsection (n)(1); and ``(iii) the term `substantial economic injury' means an economic harm to a business concern that results in the inability of the business concern-- ``(I) to meet its obligations as they mature; ``(II) to pay its ordinary and necessary operating expenses; or ``(III) to market, produce, or provide a product or service ordinarily marketed, produced, or provided by the business concern. ``(B) The Administration may make such disaster loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) to assist a small business concern that has suffered or that is likely to suffer substantial economic injury as the result of an essential employee of such small business concern being ordered to active military duty during a period of military conflict. ``(C) A small business concern described in subparagraph (B) shall be eligible to apply for assistance under this paragraph during the period beginning on the date on which the essential employee is ordered to active duty and ending on the date that is 90 days after the date on which such essential employee is discharged or released from active duty. ``(D) Any loan or guarantee extended pursuant to this paragraph shall be made at the same interest rate as economic injury loans under paragraph (2). ``(E) No loan may be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $1,500,000, unless such applicant constitutes a major source of employment in its surrounding area, as determined by the Administration, in which case the Administration, in its discretion, may waive the $1,500,000 limitation. ``(F) For purposes of assistance under this paragraph, no declaration of a disaster area shall be required.''. SEC. 4. BUSINESS DEVELOPMENT AND MANAGEMENT ASSISTANCE FOR MILITARY RESERVISTS' SMALL BUSINESSES. (a) In General.--Section 8 of the Small Business Act (15 U.S.C. 637) is amended by adding at the end the following: ``(l) Management Assistance for Small Businesses Affected by Military Operations.--The Administration shall utilize, as appropriate, its entrepreneurial development and management assistance programs, including programs involving State or private sector partners, to provide business counseling and training to any small business concern adversely affected by the deployment of units of the Armed Forces of the United States in support of a period of military conflict (as defined in section 7(n)(1)).''. (b) Enhanced Publicity During Operation Allied Force.--For the duration of Operation Allied Force and for 120 days thereafter, the Administration shall enhance its publicity of the availability of assistance provided pursuant to the amendments made by this Act, including information regarding the appropriate local office at which affected small businesses may seek such assistance. SEC. 5. GUIDELINES. Not later than 30 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue such guidelines as the Administrator determines to be necessary to carry out this Act and the amendments made by this Act. SEC. 6. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Disaster Loans.--The amendments made by section 3 shall apply to economic injury suffered or likely to be suffered as the result of a period of military conflict occurring or ending on or after March 24, 1999. Passed the Senate July 27, 1999. Attest: GARY SISCO, Secretary.", "summary": "Military Reservists Small Business Relief Act of 1999 - Amends the Small Business Act to require the Small Business Administration (SBA), upon written request, to defer repayment of principal and interest due on a direct general business or disaster loan made to a member of the reserves ordered to active duty during a period of military conflict, as long as such reservist: (1) received the loan before being ordered to such duty; and (2) is an essential employee of a small business for which the loan was made. Extends such deferral period until 180 days after such reservist is discharged or released from active duty. Directs the SBA to encourage lenders and loan intermediaries participating in other SBA loan programs to defer repayment of similar loans as well as loans made under the Small Business Investment Act of 1958. Authorizes the SBA to make disaster loans to assist a small business that has or is likely to suffer economic injury as the result of the essential employee of such business being ordered to active duty during a period of military conflict. Extends such assistance until 90 days after such reservist is discharged or released from such duty. Provides a loan limitation. Applies such assistance to periods of military conflict occurring on or after March 24, 1999. Directs the SBA to utilize its entrepreneurial development and management assistance programs to provide business counseling and training to any small business adversely affected by the deployment of units of U.S. armed forces in support of a period of military conflict. Requires the SBA, for the duration of Operation Allied Force and 120 days thereafter, to enhance its publicity of the availability of such assistance."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Television Consumer Education Act of 2007''. SEC. 2. CONSUMER EDUCATION. (a) Consumer Education Requirements.--Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Consumer Education Requirements Regarding Analog Receivers.-- ``(1) Requirements for retailers.--Not later than 45 days after the date of enactment of the Digital Television Consumer Education Act of 2007-- ``(A) any retail distributor that displays for sale or rent any analog-only television sets shall place conspicuously in the vicinity of such television sets a sign containing, in clear and conspicuous print, the consumer alert described in paragraph (2); and ``(B) any retail distributor that offers for sale or rent such television sets via direct mail, catalog, or electronic means shall prominently display in the vicinity of all advertisements or descriptions of such television sets, in clear and conspicuous print, the consumer alert described in paragraph (2). ``(2) Digital television transition information.--The consumer alert required by this paragraph shall read as follows: ```consumer alert ```This TV has only an analog broadcast tuner and will require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna because of the Nation's transition to digital broadcasting. The TV should continue to work as before with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products. For more information, call the Federal Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the Commission's digital television website at: www.dtv.gov.'. ``(3) MVPD outreach.--During the period beginning May 1, 2007, and ending February 17, 2009, each multichannel video programming distributor (as such term is defined in section 602 of this Act) shall include a notice in any monthly or other periodic bill that informs consumers of-- ``(A) the digital television transition; and ``(B) the options consumers have after the transition to continue to receive broadcast programming, including over the air or through a multichannel video programming distribution service. ``(4) Broadcaster outreach.--During the period beginning on May 1, 2007, and ending November 3, 2008, each full-power commercial television broadcast licensee or permittee shall file, at least once every 90 days, either individually or jointly (such as through an association), a report with the Commission indicating the steps each such licensee or permittee has taken during the preceding 90 days, and any steps such licensee or permittee plans to take in the 90 days following the report, to inform consumers of the information described in subparagraphs (A) and (B) of paragraph (3). Each such report shall indicate for each such licensee or permittee the time, frequency, and content of any public service announcements relating to the digital television transition that it has aired, or that it has not aired any. ``(5) Penalty.--In addition to any other civil or criminal penalty provided by law, the Commission may issue civil forfeitures for violations of the requirements of this subsection in an amount equal to not more than 3 times the amount of the forfeiture penalty established by section 503(b)(2)(A). ``(6) Sunset.--The requirements of this subsection shall cease to apply on December 1, 2009. ``(7) Definition.--For the purposes of this subsection, the term `analog-only television set' means any apparatus that-- ``(A) is designed to receive broadcast television signals; ``(B) has an integrated display screen or is sold in a bundle with a display screen; and ``(C) is not capable of receiving broadcast signals in the digital television service.''. (b) Commission Outreach.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Federal Communications Commission shall establish and maintain a digital television transition public outreach program. The Commission may seek the assistance of private entities, such as broadcasters, manufacturers, retailers, multichannel video programming distributors, and consumer groups in administering the program. The digital television transition public outreach program shall educate consumers about-- (A) the digital television transition; (B) the options consumers have after the transition to continue to receive broadcast programming, including over the air or through a multichannel video programming distribution service; and (C) the converter-box program under section 3005 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note). (2) Website.--The Commission shall maintain and publicize a website, or an easily accessible page on its website, containing the digital television transition public outreach information required under paragraph (1), as well as any links to other websites the Commission determines to be appropriate. (3) DTV working group on consumer outreach and assistance.-- (A) In general.--Not later than 30 days after the date of enactment of this Act, the Federal Communications Commission shall establish an advisory committee, to be known as the DTV Working Group, to consult with State and local governments, providers of low-income assistance programs, educational institutions, community groups, and the National Telecommunications and Information Administration to promote consumer outreach and assistance regarding the digital television transition and the converter-box program under section 3005 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note). (B) Membership.--The Federal Communications Commission shall invite to participate in the DTV Working Group representatives of groups involved with the transition to digital television, including the Commission, the National Telecommunications and Information Administration, other relevant Federal agencies, commercial and noncommercial television broadcasters, multichannel video programming distributors, consumer electronics manufacturers and manufacturers of peripheral devices, broadcast antenna and tuner manufacturers, retail providers of consumer electronics equipment, consumer groups, and public interest groups (including the American Association of Retired Persons and the Seniors Coalition). Members of the DTV Working Group shall serve without compensation and shall not be considered Federal employees by reason of their service on the advisory committee. (C) Purposes.--The purposes of the DTV Working Group are-- (i) to provide ongoing advice to the Federal Communications Commission in creating and implementing the public outreach program under this subsection; (ii) to advise the Commission about the procedures of the public outreach program including, at a minimum, recommended procedures for public service announcements by broadcasters, toll-free information hotlines, and retail displays or notices; and (iii) to provide to the Commission regular DTV Progress Reports that reflect ongoing and planned efforts by the private sector, both nationally and in individual television broadcast markets, to inform consumers about the digital television transition. (c) Converter-Box Energy Standards.--Section 3005 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended by adding at the end the following new subsection: ``(e) Converter-Box Energy Standards.-- ``(1) Energy standards.--Not later than 90 days after the date of enactment of the Digital Television Consumer Education Act of 2007, the Assistant Secretary of Commerce for Communications and Information shall establish energy consumption standards applicable to digital-to-analog converter boxes (as defined in subsection (d)) in order for such boxes to qualify for purchase with coupons made available under this section. ``(2) Inapplicability.--Notwithstanding any other provision of law, the standards described in paragraph (1) shall be the exclusive energy consumption standards for converter boxes manufactured or imported for use in the United States on and after the effective date established by the Assistant Secretary and until January 1, 2010.''. SEC. 3. PROGRESS REPORTS. (a) During the period beginning on June 1, 2007, and ending on December 1, 2008, the Federal Communications Commission shall submit a report, not less than once every 180 days, to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Such reports shall include information regarding-- (1) the status of the Commission's international coordination efforts with Canada and Mexico of the digital television service table of allotments; and (2) the Commission's consumer education efforts, as well as the consumer education efforts of broadcasters, multichannel video programming distributors, consumer electronics manufacturers, retailers, and consumer groups. (b) During the period beginning on April 1, 2008, and ending on October 1, 2009, the Assistant Secretary of the National Telecommunications and Information Administration shall submit a report, not less than once every 90 days, to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate summarizing the progress of coupon distribution and redemption under Section 3005 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note), including-- (1) the number of coupons distributed and redeemed; (2) the amount of time it takes for coupons to be distributed and redeemed; and (3) the cost of the coupons and administrative costs, to date.", "summary": "Digital Television Consumer Education Act of 2007 - Amends the Communications Act of 1934 to require through December 1, 2009: (1) retail distributors that sell or rent televisions with analog receivers, including distributors that sell by direct mail or electronic means, to prominently display a specified consumer alert respecting digital television transition information; (2) multichannel video programming distributors to include specified transition information in consumer bills; and (3) full-power commercial television broadcast licensees or permittees to report at least quarterly to the Federal Communications Commission (FCC) respecting transition education efforts to consumers. Authorizes the FCC to issue civil forfeitures for violations of such requirements. Requires the FCC to establish: (1) a digital television public outreach program, including FCC website information; and (2) the DTV Working Group to consult with state and local governments, providers of low-income assistance programs, educational institutions, community groups, and the National Telecommunications and Information Administration to promote consumer outreach regarding such transition and the converter-box program. Amends the Digital Television Transition and Public Safety Act of 2005 to require the Assistant Secretary of Commerce for Communications and Information to establish energy consumption standards applicable to digital-to-analog converter boxes in order for such boxes to qualify for certain coupon purchases. States that such standards shall be the exclusive energy consumption standards for converter boxes manufactured or imported for use in the United States on and after the effective date established by the Assistant Secretary and until January 1, 2010."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fair Drug Pricing Act of 2015''. SEC. 2. REQUIREMENT TO DETERMINE LOWER COVERED PART D DRUG PRICES FOR CERTAIN COVERED PART D DRUGS. (a) In General.--Section 1860D-11(i) of the Social Security Act (42 U.S.C. 1395w-111(i)) is amended-- (1) by striking ``(i) Noninterference.--In'' and inserting the following: ``(i) Noninterference.-- ``(1) In general.--In''; (2) by inserting ``subject to paragraph (2),'' after ``part,''; and (3) by adding at the end the following new paragraph: ``(2) Exception for specified drugs.-- ``(A) Requirement.-- ``(i) In general.--Notwithstanding paragraph (1), the part D price for specified drugs shall be determined in accordance with the process described in subparagraph (B). ``(ii) Specified drugs.--For purposes of this paragraph, the term `specified drug' means a covered part D drug-- ``(I) that is-- ``(aa) a single source drug or biological; ``(bb) not a biological product licensed pursuant to an application under section 351(k) of the Public Health Service Act; and ``(cc) not both manufactured by more than two drug manufacturers and manufactured by at least one such manufacturer as a generic drug; or ``(II) that-- ``(aa) is selected by the Secretary for purposes of this paragraph; and ``(bb) the Secretary determines is a covered part D drug with respect to which there is limited ability for PDP sponsors and MA organizations to negotiate manufacturer rebates, such that the Secretary determines that the failure to apply this paragraph will have a significant fiscal impact on the program under this title. ``(iii) Part d price defined.--For purposes of this paragraph, the term `part D price' means, with respect to a covered part D drug, the price (including discounts, rebates, and other price concessions) that may be charged to PDP sponsors and MA organizations for such drug for part D eligible individuals who are enrolled under a prescription drug plan or under an MA-PD plan. ``(iv) Regulations for identification of specified drugs.--The Secretary, not later than one year after the date of the enactment of this paragraph, shall promulgate regulations regarding the identification of single source drugs and biologicals as specified drugs. ``(v) Process to petition that drug is no longer a specified drug.--The Secretary shall establish a process under which a manufacturer for a specified drug may petition the Secretary for the rescinding of a previous identification of a drug as a specified drug under clause (ii) based upon the drug involved no longer being a specified drug. ``(B) Price determination process.--For purposes of subparagraph (A), the process described in this subparagraph, with respect to the part D price for a specified drug for a plan year, is the following: ``(i) Limited period for negotiation for first plan year.-- ``(I) In general.--The Secretary shall negotiate such price with the drug manufacturer involved for a period of not more than 90 days beginning on the date of identification of the drug as a specified drug for such plan year by the Secretary. ``(II) Successful negotiations.--In the case that such negotiation with respect to such 90-day period results in a price that is agreed to by both the Secretary and manufacturer, such price shall be the maximum part D price for such specified drug through the end of the plan year beginning after such period. ``(ii) Secretary sets price for first plan year in case of failure to negotiate price.--In the case that negotiations under clause (i), with respect to a specified drug, do not result in a price for such specified drug that is so agreed to by the Secretary and drug manufacturer, the Secretary shall determine a price for such drug based on-- ``(I) the information provided to the Secretary by the drug manufacturer during the 90-day period described in clause (i)(I) regarding costs associated with such drug that are applicable with respect to such drug manufacturer; ``(II) in the case that payment is made for such drug by the Department of Veterans Affairs or under title XIX, the net priced paid for such drug by such Department or under such title, as applicable; ``(III) ensuring affordability of such drug, and accessibility to such drug, for individuals entitled to benefits under part A or enrolled under part B; and ``(IV) such other factors as the Secretary determines appropriate. The price determined under this clause shall be the maximum part D price for such specified drug through the end of the plan year beginning after such determination of such price. ``(iii) Price in subsequent plan years.-- For each plan year that is subsequent to the plan year for which a price is determined for a specified drug under clause (i) or (ii) and in which, on the first day of such subsequent plan year, the identification of such drug as a specified drug still applies, the maximum price for such drug shall be the maximum part D price for the previous year determined under clause (i) or (ii), as applicable, increased by the percentage increase in the consumer price index for all urban consumers (all items; U.S. city average) for the 12-month period ending with June of the year before such subsequent plan year. ``(iv) Consultation.--In determining a price for a specified drug under clause (ii), the Secretary may consult with the Comptroller General, the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, or other outside, independent experts. ``(C) No change in rules for formularies.-- ``(i) In general.--Nothing in subparagraph (A) or (B) shall be construed to authorize the Secretary to establish or require a particular formulary. ``(ii) Construction.--Clause (i) shall not be construed as affecting the Secretary's authority to ensure appropriate and adequate access to covered part D drugs under prescription drug plans and under MA-PD plans, including compliance of such plans with formulary requirements under section 1860D- 4(b)(3). ``(D) Construction.--Nothing in this paragraph shall be construed as-- ``(i) preventing the sponsor of a prescription drug plan, or an organization offering an MA-PD plan, from obtaining a discount or reduction of the price for a covered part D drug described in subparagraph (A) below the price negotiated under such subparagraph or determined under subparagraph (B); or ``(ii) permitting the Secretary to make proprietary data available to the public. ``(E) Definitions.--In this paragraph: ``(i) Drug manufacturer.--The term `drug manufacturer' has the meaning given the term `manufacturer' in section 1860D-14A(g)(5). ``(ii) Single source drug or biological.-- The term `single source drug or biological' has the meaning given such term in section 1847A(c)(6)(D).''. (b) Requiring Participation in Negotiation Process as Condition of Part D Drug Coverage.--Section 1860D-14A(b) of the Social Security Act (42 U.S.C. 1395w-114a(b)) is amended by adding at the end the following new paragraph: ``(5) Participation in negotiation process.--Each agreement under this subsection shall include, with respect to plans years beginning with plan year 2017, an agreement by the manufacturer, with respect to each specified drug of such manufacturer under section 1860d-11(i)(2), to participate in the negotiation process under such section for such drug, including accepting the price resulting from the negotiation (or, in the case that such negotiation does not result in a price for such drug that is agreed to by the Secretary and the manufacturer, the price resulting from the application of subparagraph (B)(ii) of such section) as the maximum price for such drug for the period provided under such section.''. SEC. 3. STUDY AND REPORT. (a) Study.--The Secretary of Health and Human Services shall conduct a study examining-- (1) the impact of the amendments made by section 2 on-- (A) the cost of single source drugs and biologicals (as defined in section 1847A(c)(6)(D) of the Social Security Act (42 U.S.C. 1395w-3a(c)(6)(D))) for which payment is made under part B of title XVIII of such Act; and (B) the accessibility of such drugs and biologicals for individuals entitled to benefits under part A of such title or enrolled under part B of such title; and (2) options that would permit or require the Secretary to create and implement, not later than one year after the date of the report described in subsection (b)-- (A) a method to apply to such single source drugs and biologicals for which the Secretary determines appropriate-- (i) an authority similar to the authority granted to the Secretary under subparagraph (A) of section 1860D-11(i)(2) of such Act (relating to negotiating with drug manufacturers the part D prices for certain specified drugs); and (ii) a negotiation process similar to the process under subparagraph (B) of such section; and (B) a method, such as a rebate program, to incorporate the rate negotiated for such drugs and biologicals pursuant to the authority described in subparagraph (A) into payments for such drugs and biologicals under part B of such Act. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the results of the study conducted under subsection (a). Such report shall include recommendations regarding the options examined pursuant to paragraph (2) of such subsection.", "summary": "Medicare Fair Drug Pricing Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare & Medicaid Services (CMS) to negotiate with drug manufacturers in determining the price that may be charged for prescription drugs under the Medicare prescription drug benefit. Under current law, CMS may not interfere with negotiations between drug manufacturers and prescription drug plan (PDP) sponsors. The bill creates an exception to this prohibition with respect to specified drugs that: (1) are single-source or biological, (2) are not both manufactured by more than two drug manufacturers and manufactured by at least one manufacturer as a generic drug, and (3) meet other specified requirements. CMS must promulgate regulations regarding the identification of such drugs. With respect to these drugs, CMS shall negotiate the price that may be charged to PDP sponsors and Medicare Advantage (MA) organizations for Medicare and MA enrollees. The bill establishes processes for negotiation and price determination in the initial plan year and subsequent plan years. A manufacturer must participate in the negotiation process as a condition of coverage under the Medicare prescription drug benefit."}
{"article": "SECTION 1. SHORT TITLE AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Character Development Act''. (b) Purposes.--The purposes of this Act are-- (1) to reduce the school dropout rate for at-risk youth; (2) to improve the academic performance of at-risk youth; and (3) to reduce juvenile delinquency and gang participation. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``at-risk youth'' means a youth at risk of-- (A) educational failure; (B) dropping out of school; or (C) involvement in delinquent activities; (2) the term ``eligible local educational agency'' means a local educational agency that has entered into a partnership, with a community-based organization that provides one-to-one mentoring services, to carry out the authorized activities described in section 5 in accordance with this Act; (3) the terms ``elementary school'', ``local educational agency'', and ``secondary school'', have the meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); (4) the term ``mentor'' means a person who works with an at-risk youth on a one-to-one basis, to establish a supportive relationship with the youth and to provide the youth with academic assistance and exposure to new experiences that enhance the youth's ability to become a better student and a responsible citizen; and (5) the term ``Secretary'' means the Secretary of Education. SEC. 3. MENTORING PROGRAMS. (a) Grant Authority.--The Secretary is authorized to award grants to eligible local educational agencies to enable such agencies to establish mentoring programs that-- (1) are designed to link-- (A) individual at-risk youth; with (B) responsible, individual adults who serve as mentors; and (2) are intended to-- (A) increase at-risk youth participation in, and enhance the ability of such youth to benefit from, elementary and secondary education; (B) discourage at-risk youth from-- (i) using illegal drugs; (ii) violence; (iii) using dangerous weapons; (iv) criminal activity not described in clauses (i), (ii), and (iii); and (v) involvement in gangs; (C) promote personal and social responsibility among at-risk youth; (D) encourage at-risk youth participation in community service and community activities; or (E) provide general guidance to at-risk youth. (b) Amount and Duration.--Each grant under this section shall be awarded in an amount not to exceed a total of $200,000 over a period of not more than three years. (c) Priority.--The Secretary shall give priority to awarding a grant under this section to an application submitted under section 7 that-- (1) describes a mentoring program in which 60 percent or more of the at-risk youth to be served are eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); (2) describes a mentoring program that serves at-risk youth who are-- (A) at risk of dropping out of school; or (B) involved in delinquent activities; and (3) demonstrates the ability of the eligible local educational agency to continue the mentoring program after the termination of the Federal funds provided under this section. (d) Other Considerations.--In awarding grants under this section, the Secretary shall give consideration to-- (1) providing an equitable geographic distribution of such grants, including awarding such grants for mentoring programs in both rural and urban areas; (2) the quality of the mentoring program described in the application submitted under section 7, including-- (A) the resources, if any, that will be dedicated to providing participating at-risk youth with opportunities for job training or postsecondary education; and (B) the degree to which parents, teachers, community-based organizations, and the local community participate in the design and implementation of the mentoring program; and (3) the capability of the eligible local educational agency to effectively implement the mentoring program. SEC. 4. IMPLEMENTATION AND EVALUATION GRANTS. The Secretary is authorized to award grants to national organizations or agencies serving youth to enable such organizations or agencies-- (1) to conduct a multisite demonstration project, involving 5 to 10 project sites, that-- (A) provides an opportunity to compare various one- to-one mentoring models for the purpose of evaluating the effectiveness and efficiency of such models; (B) allows for innovative programs designed under the oversight of a national organization or agency serving youth, which programs may include-- (i) technical assistance; (ii) training; and (iii) research and evaluation; and (C) disseminates the results of such demonstration project to allow for the determination of the best practices for various mentoring programs; (2) to develop and evaluate screening standards for school- linked mentoring programs; and (3) to develop and evaluate volunteer recruitment activities for school-linked mentoring programs. SEC. 5. AUTHORIZED ACTIVITIES. (a) Permitted Uses.--Grant funds awarded under this Act (other than grant funds awarded under section 4) shall be used for-- (1) hiring of mentoring coordinators and support staff; (2) recruitment, screening and training of adult mentors; (3) reimbursement of mentors for reasonable incidental expenditures, such as transportation, that are directly associated with mentoring, except that such expenditures shall not exceed $500 per mentor per calendar year; or (4) such other purposes as the Secretary determines may be reasonable. (b) Prohibited Uses.--Grant funds awarded under this Act shall not be used-- (1) to directly compensate a mentor, except as provided under subsection (a)(3); (2) to obtain educational or other materials or equipment that would otherwise be used in the ordinary course of the grant recipient's operations; (3) to support litigation; or (4) for any other purposes that the Secretary determines are prohibited. SEC. 6. REGULATIONS AND GUIDELINES. (a) Regulations.--The Secretary, after consultation with the Secretary of Health and Human Services, the Attorney General, and the Secretary of Labor, shall provide for the promulgation of regulations to implement this Act. (b) Guidelines.--The Secretary shall develop and distribute to eligible local educational agencies receiving a grant under section 3 specific model guidelines for the screening of mentors. SEC. 7. APPLICATIONS. (a) In General.--Each entity desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Mentoring Programs.--Each application submitted under subsection (a) for a grant under section 3 shall contain-- (1) information on the at-risk youth expected to be served; (2) a provision describing the mechanism for matching at- risk youth with mentors based on the needs of the at-risk youth; (3) an assurance that no mentor will be assigned to more than one at-risk youth, so as to ensure a one-to-one mentoring relationship; (4) an assurance that a mentoring program operated in a secondary school will provide at-risk youth with a variety of experiences and support, including-- (A) an opportunity to spend time in a work environment and, when possible, participate in the work environment; (B) an opportunity to witness the job skills that will be required for the at-risk youth to obtain employment upon graduation; (C) assistance with homework assignments; and (D) exposure to experiences that the at-risk youth might not otherwise encounter; (5) an assurance that the mentoring program operated in elementary schools will provide at-risk youth with-- (A) academic assistance; (B) exposure to new experiences and activities that at-risk youth might not encounter on their own; and (C) emotional support; (6) an assurance that the mentoring program will be monitored to ensure that each at-risk youth participating in the mentoring program benefits from a mentor relationship, including providing a new mentor assignment if the original mentoring relationship is not beneficial to the at-risk youth; (7) the methods by which mentors and at-risk youth will be recruited to the mentoring program; (8) the method by which prospective mentors will be screened; and (9) the training that will be provided to mentors. SEC. 8. EVALUATION. (a) Evaluation.--The Comptroller General of the United States shall enter into a contract, with an evaluating organization that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of the programs and activities assisted under this Act. (b) Evaluation Criteria.--The Comptroller General of the United States, in consultation with the Secretary, shall establish minimum criteria for evaluating the programs and activities assisted under this Act. Such criteria shall provide for a description of the implementation of each program or activity assisted under this Act and such program or activity's effect on all participants, schools, communities, and youth served by such program or activity. SEC. 9. REPORTS. (a) Report by Grant Recipients.--Each entity receiving a grant under this Act shall submit to the evaluating organization entering into the contract under section 8(a)(1) an annual report regarding any program or activity assisted under this Act. Each such report shall be submitted at such a time, in such a manner, and accompanied by such information, as such evaluating organization may require. (b) Reports by Comptroller General.--The Comptroller General shall submit to Congress not later than September 30, 1999, a report regarding the success and effectiveness of grants awarded under this Act in reducing the school dropout rate, improving academic performance of at-risk youth, and reducing juvenile delinquency and gang participation. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) Mentoring Programs.--There is authorized to be appropriated $35,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, and 2000 to carry out section 3. (b) Implementation and Evaluation Grants.--There is authorized to be appropriated $5,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, and 2000 to carry out section 4.", "summary": "Character Development Act - Authorizes the Secretary of Education to award: (1) mentor program grants to eligible local educational agencies to establish mentoring programs designed to link individual at-risk youth with responsible, individual adults who serve as mentors; and (2) implementation and evaluation grants to national organizations or agencies serving youth to conduct a multisite demonstration project, involving five to ten project sites, develop and evaluate screening standards for school-linked mentoring programs, and develop and evaluate volunteer recruitment activities for school-linked mentoring programs. Sets forth permitted and prohibited uses of grant funds awarded under this Act. Directs the Secretary to develop and distribute to eligible local educational agencies receiving a mentor program grant specific model guidelines for the screening of mentors. Sets forth requirements for grant applications, program evaluations and reports by the Comptroller General, and reports by grant recipients. Authorizes appropriations for Mentoring Program Grants and Implementation and Evaluation Grants."}
{"article": "SECTION 1. REFUNDABLE CREDIT FOR CHILD DISABILITY EDUCATION AND TRAINING EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 35 as section 36 and inserting after section 34 the following new section: ``SEC. 35. CHILD DISABILITY EDUCATION AND TRAINING EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid or incurred by the taxpayer during the taxable year for qualified child disability expenses. ``(b) Limitations.-- ``(1) Maximum dollar amount.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed $3,000. ``(2) Limitation based on adjusted gross income.-- ``(A) In general.--The amount of the credit allowable under subsection (a) (after application of paragraph (1)) shall be reduced (but not below zero) by $500 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds $150,000. ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Cost-of-living adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 2002, the $150,000 amount under subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding rules.--If any amount after adjustment under clause (i) is not a multiple of $1,000, such amount shall be rounded to the next lower multiple of $1,000. ``(c) Qualified Child Disability Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified child disability expenses' means amounts paid for services and equipment related to education and training of a qualified child of the taxpayer in connection with a developmental disability of such child, including-- ``(A) behavioral therapy, ``(B) speech therapy, ``(C) occupational therapy, ``(D) physical therapy, ``(E) auditory therapy, ``(F) assistive communication technology, and ``(G) such other services as the Secretary may, in consultation with the Secretary of Health and Human Services and the Secretary of Education, provide by regulation. ``(2) Developmental disability.--The term `developmental disability' has the same meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402; 114 Stat. 1682). ``(3) Qualified child.--The term `qualified child' means any individual if-- ``(A) the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year, ``(B) such individual has not attained the age of 18 as of the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) such individual bears a relationship to the taxpayer described in section 32(c)(3)(B). ``(d) Verification Requirements.-- ``(1) Expenses must be substantiated.--Qualified child disability expenses to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such expense in such form as the Secretary may prescribe. ``(2) Identification requirement.--No credit shall be allowed under this section with respect to any qualified child unless the taxpayer includes the name and taxpayer identification number of such qualified child on the return of tax for the taxable year. ``(e) Special Rules.-- ``(1) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. ``(2) Married couples must file joint returns.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section. ``(3) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 35. Child disability expenses. ``Sec. 36. Overpayments of tax.''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end the following: ``(28) in the case of property with respect to which a credit was allowed under section 35, to the extent provided in section 35(e)(3).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.", "summary": "Amends the Internal Revenue Code to allow a tax credit for up to $3,000 of the amount paid or incurred by the taxpayer during the taxable year for qualified child disability expenses for services and equipment related to education and training of a child of the taxpayer with a developmental disability, including behavioral therapy, speech therapy, occupational therapy, physical therapy, auditory therapy, assistive communication technology, and other related services. Phases out the credit by $500 increments per $1,000 of modified adjusted gross income over $150,000."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Complete America's Great Trails Act''. SEC. 2. NATIONAL SCENIC TRAIL CONSERVATION CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30E. NATIONAL SCENIC TRAIL CONSERVATION CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the fair market value of any National Scenic Trail conservation contribution of the taxpayer for the taxable year. ``(b) National Scenic Trail Conservation Contribution.--For purposes of this section-- ``(1) In general.--The term `National Scenic Trail conservation contribution' means any qualified conservation contribution-- ``(A) to the extent the qualified real property interest with respect to such contribution includes a National Scenic Trail (or portion thereof) and its trail corridor, and ``(B) with respect to which the taxpayer makes an election under this section. ``(2) National scenic trail.--The term `National Scenic Trail' means any trail authorized and designated under section 5 of the National Trails System Act (16 U.S.C. 1244), but only if such trail is at least 200 miles in length. ``(3) Trail corridor.-- ``(A) In general.--The term `trail corridor' means so much of the corridor of a trail as is-- ``(i) subject to subparagraph (B), not less than 150 feet wide on each side of such trail, and ``(ii) not greater than 2,640 feet wide. ``(B) Exceptions.-- ``(i) Less than 150 feet wide on a side of the trail.--In the case of an interest in real property of the taxpayer which includes less than 150 feet on either side of the trail, the trail corridor shall include the entire distance with respect to such interest on such side. ``(ii) Building and structures near the trail.--In the case of an interest in real property of the taxpayer which includes a residence or structure owned by the taxpayer which is located less than 150 feet from the trail, the trail corridor for the side of the trail on which the residence or structure is located shall include such distance from the trail as is determined appropriate by the taxpayer. ``(4) Qualified conservation contribution; qualified real property interest.--The terms `qualified conservation contribution' and `qualified real property interest' have the respective meanings given such terms by section 170(h), except that paragraph (2)(A) thereof shall be applied without regard to any qualified mineral interest (as defined in paragraph (6) thereof). ``(c) Special Rules.-- ``(1) Fair market value.--Fair market value of any National Scenic Trail conservation contribution shall be determined in the same manner as qualified conservation contributions under section 170, except that in any case, to the extent practicable, fair market value shall be determined by reference to the highest and best use of the real property with respect to such contribution. ``(2) Election irrevocable.--An election under this section may not be revoked. ``(3) Denial of double benefit.--No deduction shall be allowed under this chapter with respect to any qualified conservation contribution with respect to which an election is made under this section. ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property used in a trade or business or held for the production of income shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after the application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(e) Carryforward of Unused Credit.-- ``(1) In general.--If the credit allowable under subsection (a) exceeds-- ``(A) the limitation imposed by section 26(a) for any taxable year, reduced by ``(B) the sum of the credits allowable under subpart A (other than this section) for the taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(2) Limitation.--No credit may be carried forward under this subsection to any taxable year following the tenth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis.''. (b) Continued Use Not Inconsistent With Conservation Purposes.--A contribution of an interest in real property shall not fail to be treated as a National Scenic Trail conservation contribution (as defined in section 30E(b) of the Internal Revenue Code of 1986) solely by reason of continued use of the real property, such as for recreational or agricultural use (including motor vehicle use related thereto), if, under the circumstances, such use does not impair significant conservation interests and is not inconsistent with the purposes of the National Trails System Act (16 U.S.C. 1241 et seq.). (c) Study Regarding Efficacy of National Scenic Trail Conservation Credit.-- (1) In general.--The Secretary of the Interior shall, in consultation with the Secretary of the Treasury, study-- (A) the efficacy of the National Scenic Trail conservation credit under section 30E of the Internal Revenue Code of 1986 in completing, extending, and increasing the number of National Scenic Trails (as defined in section 30E(b) of such Code), and (B) the feasibility and estimated costs and benefits of-- (i) making such credit refundable (in whole or in part), and (ii) allowing transfer of such credit. (2) Report.--Not later than 4 years after the date of the enactment of this Act, the Secretary of the Interior shall submit a report to Congress on the results of the study conducted under this subsection. (d) Conforming Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``30E. National Scenic Trail conservation credit.''. (e) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.", "summary": "Complete America's Great Trails Act This bill amends the Internal Revenue Code to allow a tax credit for the fair market value of any National Scenic Trail conservation contribution. The Department of the Interior must study and report on the efficacy of such tax credit in completing, extending, and increasing the number of National Scenic Trails and the feasibility and cost of making such credit refundable and transferable."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Global AIDS Research and Relief Act of 2001''. SEC. 2. DEFINITIONS. In this Act: (1) AIDS.--The term ``AIDS'' means the acquired immune deficiency syndrome. (2) Association.--The term ``Association'' means the International Development Association. (3) Bank.--The term ``Bank'' or ``World Bank'' means the International Bank for Reconstruction and Development. (4) HIV.--The term ``HIV'' means the human immunodeficiency virus, the pathogen, which causes AIDS. (5) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to an individual, an individual who is infected with HIV or living with AIDS. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) According to the Surgeon General of the United States, the epidemic of human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) will soon become the worst epidemic of infectious disease in recorded history, eclipsing both the bubonic plague of the 1300s and the influenza epidemic of 1918-1919 which killed more than 20,000,000 people worldwide. (2) According to the Joint United Nations Programme on HIV/ AIDS (UNAIDS), more than 36,100,000 people in the world today are living with HIV/AIDS, of which approximately 95 percent live in the developing world. (3) UNAIDS data shows that among children age 15 and under worldwide, more than 4,300,000 have died from AIDS, more than 1,400,000 are living with the disease; and in 1 year alone-- 2000--an estimated 600,000 became infected, of which over 90 percent were babies born to HIV-positive women. (4) Although sub-Saharan Africa has only 10 percent of the world's population, it is home to more than 25,300,000--roughly 70 percent--of the world's HIV/AIDS cases. (5) Worldwide, there have already been an estimated 21,800,000 deaths because of HIV/AIDS, of which more than 80 percent occurred in sub-Saharan Africa. (6) According to UNAIDS, by the end of 1999, 13,200,000 children have lost at least one parent to AIDS, including 12,100,000 children in sub-Saharan Africa, and are thus considered AIDS orphans. (7) At current infection and growth rates for HIV/AIDS, the National Intelligence Council estimates that the number of AIDS orphans worldwide will increase dramatically, potentially increasing threefold or more in the next 10 years, contributing to economic decay, social fragmentation, and political destabilization in already volatile and strained societies. Children without care or hope are often drawn into prostitution, crime, substance abuse, or child soldiery. (8) The discovery of a relatively simple and inexpensive means of interrupting the transmission of HIV from an infected mother to the unborn child--namely with nevirapine (NVP), which costs $4 a tablet--has created a great opportunity for an unprecedented partnership between the United States Government and the governments of Asian, African, and Latin American countries to reduce mother-to-child transmission (also known as ``vertical transmission'') of HIV. (9) According to UNAIDS, if implemented this strategy will decrease the proportion of orphans that are HIV-infected and decrease infant and child mortality rates in these developing regions. (10) A mother-to-child antiretroviral drug strategy can be a force for social change, providing the opportunity and impetus needed to address often longstanding problems of inadequate services and the profound stigma associated with HIV-infection and the AIDS disease. Strengthening the health infrastructure to improve mother-and-child health, antenatal, delivery, and postnatal services, and couples counseling generates enormous spillover effects toward combating the AIDS epidemic in developing regions. (11) A January 2000 United States National Intelligence Estimate (NIE) report on the global infectious disease threat concluded that the economic costs of infectious diseases-- especially HIV/AIDS--are already significant and could reduce GDP by as much as 20 percent or more by 2010 in some sub- Saharan African nations. (12) The HIV/AIDS epidemic is of increasing concern in other regions of the world, with UNAIDS estimating that there are more than 5,800,000 cases in South and Southeast Asia, that the rate of HIV infection in the Caribbean is second only to sub-Saharan Africa, and that HIV infections have doubled in just 2 years in the former Soviet Union. (13) Russia is the new ``hot spot'' for the pandemic and more Russians are expected to be diagnosed with HIV/AIDS by the end of 2001 than all cases from previous years combined. (14) Despite the discouraging statistics on the spread of HIV/AIDS, some developing nations-- such as Uganda, Senegal, and Thailand--have implemented prevention programs that have substantially curbed the rate of HIV infection. (15) Accordingly, United States financial support for medical research, education, and disease containment as a global strategy has beneficial ramifications for millions of Americans and their families who are affected by this disease, and the entire population, which is potentially susceptible. (b) Purposes.--The purposes of this Act are to-- (1) help prevent human suffering through the prevention, diagnosis, and treatment of HIV/AIDS; and (2) help ensure the viability of economic development, stability, and national security in the developing world by advancing research to-- (A) understand the causes associated with HIV/AIDS in developing countries; and (B) assist in the development of an AIDS vaccine. SEC. 4. ADDITIONAL ASSISTANCE AUTHORITIES TO COMBAT HIV AND AIDS. Paragraphs (4) through (6) of section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) are amended to read as follows: ``(4)(A) Congress recognizes the growing international dilemma of children with the human immunodeficiency virus (HIV) and the merits of intervention programs aimed at this problem. Congress further recognizes that mother-to-child transmission prevention strategies can serve as a major force for change in developing regions, and it is, therefore, a major objective of the foreign assistance program to control the acquired immune deficiency syndrome (AIDS) epidemic. ``(B) The agency primarily responsible for administering this part shall-- ``(i) coordinate with UNAIDS, UNICEF, WHO, national and local governments, other organizations, and other Federal agencies to develop and implement effective strategies to prevent vertical transmission of HIV; and ``(ii) coordinate with those organizations to increase intervention programs and introduce voluntary counseling and testing, antiretroviral drugs, replacement feeding, and other strategies. ``(5)(A) Congress expects the agency primarily responsible for administering this part to make the human immunodeficiency virus (HIV) and the acquired immune deficiency syndrome (AIDS) a priority in the foreign assistance program and to undertake a comprehensive, coordinated effort to combat HIV and AIDS. ``(B) Assistance described in subparagraph (A) shall include help providing-- ``(i) primary prevention and education; ``(ii) voluntary testing and counseling; ``(iii) medications to prevent the transmission of HIV from mother to child; ``(iv) programs to strengthen and broaden health care systems infrastructure and the capacity of health care systems in developing countries to deliver HIV/ AIDS pharmaceuticals, prevention, and treatment to those afflicted with HIV/AIDS; and ``(v) care for those living with HIV or AIDS. ``(6)(A) In addition to amounts otherwise available for such purpose, there is authorized to be appropriated to the President $600,000,000 for each of the fiscal years 2002 and 2003 to carry out paragraphs (4) and (5). ``(B) Of the funds authorized to be appropriated under subparagraph (A), not less than 65 percent is authorized to be available through United States and foreign nongovernmental organizations, including private and voluntary organizations, for-profit organizations, religious affiliated organizations, educational institutions, and research facilities. ``(C)(i) Of the funds authorized to be appropriated by subparagraph (A), priority should be given to programs that address the support and education of orphans in sub-Saharan Africa, including AIDS orphans and prevention strategies for vertical transmission referred to in paragraph (4)(A). ``(ii) Assistance made available under this subsection, and assistance made available under chapter 4 of part II to carry out the purposes of this subsection, may be made available notwithstanding any other provision of law that restricts assistance to foreign countries. ``(D) Of the funds authorized to be appropriated by subparagraph (A), not more than 7 percent may be used for the administrative expenses of the agency primarily responsible for carrying out this part of this Act in support of activities described in paragraphs (4) and (5). ``(E) Funds appropriated under this paragraph are authorized to remain available until expended.''.", "summary": "Global AIDS Research and Relief Act of 2001 - Amends the Foreign Assistance Act of 1961 to revise requirements for assistance for health programs in developing countries to require the agency primarily responsible for administering this Act to coordinate with specified organizations, including other Federal agencies, to develop and implement effective strategies to prevent vertical transmission of human immunodeficiency virus (HIV) and to increase intervention programs and introduce voluntary counseling and testing, antiretroviral drugs, replacement feeding, and other strategies. Urges such agency to: (1) make HIV and the acquired immune deficiency syndrome (AIDS) a priority in the foreign assistance program for developing foreign countries; and (2) undertake a comprehensive, coordinated effort to combat HIV and AIDS, including providing programs to strengthen and broaden health care systems infrastructure and capacity to deliver HIV/AIDS pharmaceuticals, prevention, and treatment to those afflicted with HIV/AIDS.Authorizes appropriations. Urges that priority be given to programs that address the support and education of orphans in sub-Saharan Africa, including AIDS orphans, and prevention strategies for vertical transmission of HIV."}
{"article": "SECTION 1. PEG SIGNAL QUALITY AND CONTENT; PRESERVATION OF SUPPORT OF PEG USE. (a) In General.--Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following: ``(f) Signal Quality and Content.-- ``(1) In general.--A cable operator that operates a cable system with channel capacity designated under subsection (b) or that is required to provide channel capacity under subsection (g)(6) shall, with respect to such channel capacity-- ``(A) carry signals for public, educational, or governmental use from the point of origin of such signals to subscribers without material degradation and without altering or removing content or data provided as part of the public, educational, or governmental use; ``(B) provide such signals to, and make such signals viewable by, every subscriber of the cable system without additional service or equipment charges; and ``(C) provide to the appropriate local government subdivision, free of charge, any transmission services and the use of any transmission facilities that are necessary to meet the requirements of subparagraph (A). ``(2) Enforcement.--The requirements of this subsection may be enforced by-- ``(A) a local government subdivision; or ``(B) a State. ``(g) Preservation of Support of Public, Educational, and Governmental Use.-- ``(1) Level of support required.--In a State that adopts legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, notwithstanding such legislation, a cable operator owes to any local government subdivision in which the operator provides cable service during a year beginning after the date of enactment of this subsection an amount for such year to be determined by the local government subdivision, but not to exceed the greatest of the following: ``(A) The amount of support provided in the last calendar year ending before the effective date of such State legislation. ``(B) The average annual amount of support provided over the term of the franchise under which the cable operator was operating on the day before the effective date of such State legislation. ``(C) The amount of support that the cable operator is required to provide to such local government subdivision under such State legislation during the year involved. ``(D) An amount of support equal to 2 percent of the gross revenues of the cable operator from the operation of the cable system to provide cable services in such local government subdivision during the year involved. ``(2) Forms of support.--For purposes of paragraph (1), support for public, educational, or governmental use of a cable system means all cash payments, in-kind support, and free services that the operator of the cable system, or its predecessor, provides to the local government subdivision for such use of the cable system. ``(3) Adjustment for inflation.--For a year beginning on or after the effective date described in subparagraphs (A) and (B) of paragraph (1), on the date that the Gross National Product Price Index is first published by the Bureau of Economic Analysis after the end of June of such year, the amounts specified in such subparagraphs shall be increased by the percentage increase, if any, in the Index published on such date from the Index first published after the end of June of the preceding year. ``(4) Cash payments.--A cable operator that owes amounts under paragraph (1) shall, beginning not later than 30 days after the date of enactment of this subsection, pay such amounts in cash-- ``(A) in accordance with the schedule for payment of franchise fees, communications taxes, or other similar assessments under any applicable franchise; or ``(B) if there is no payment schedule for such assessments under an applicable franchise, in accordance with the most frequent payment schedule for such assessments under applicable State or local law. ``(5) Uses; disputes.-- ``(A) Uses.--Support provided to any local government subdivision under this subsection shall be dedicated to public, educational, or governmental use of channel capacity. ``(B) Disputes.-- ``(i) Mediation.--If there is a dispute as to amounts owed under this subsection, undisputed amounts shall be paid to the local government subdivision, disputed amounts shall be paid into an escrow account, and the parties shall submit to nonbinding mediation. ``(ii) Court proceedings.--If the dispute cannot be settled using mediation, either party may seek relief from a court of competent jurisdiction. ``(6) Channels.--In a State that adopts legislation affecting cable system franchising requirements relating to the number of channels for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, a cable operator shall, notwithstanding such legislation, provide in a local government subdivision at least the greater of the following number of channels for such use: ``(A) The number of channels for such use that the operator was providing in the local government subdivision on the day before the effective date of such State legislation. ``(B) If the operator provided fewer than 3 channels for such use in the local government subdivision on the day before the effective date of such State legislation, a number specified by the local government subdivision, but not to exceed 3. ``(7) Enforcement.--The requirements of this subsection may be enforced by-- ``(A) a local government subdivision; or ``(B) a State.''. (b) Definitions.-- (1) Cable service.--Section 602(6) of the Communications Act of 1934 (47 U.S.C. 522(6)) is amended by striking ``means'' and inserting ``means, regardless of the technology or transmission protocol used in the provision of service''. (2) Local government subdivision.--Section 602 of the Communications Act of 1934 (47 U.S.C. 522) is amended-- (A) by redesignating paragraphs (13) through (20) as paragraphs (14) through (21), respectively; and (B) by inserting after paragraph (12) the following: ``(13) the term `local government subdivision' means-- ``(A) except as provided in subparagraph (B), a franchising authority that derives its power to grant a franchise from State or local law; and ``(B) in a State that adopts legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, an entity that was considered a franchising authority deriving its power to grant a franchise from State or local law as of the day before the effective date of such State legislation;''. (3) Franchise fee.--Section 622(g)(2) of the Communications Act of 1934 (47 U.S.C. 542(g)(2)) is amended-- (A) in subparagraph (B), by striking ``in the case of any franchise in effect on the date of enactment of this title,''; (B) by striking subparagraph (C); and (C) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively.", "summary": "Amends the Communications Act of 1934 to require certain cable system operators, with channel capacity for public, educational, or governmental (PEG) use that is designated by a franchising authority under existing code provisions or required to be provided under this Act, to: (1) carry PEG-use signals to subscribers without material degradation and without altering or removing content or data; (2) provide viewable signals to every cable subscriber without additional service or equipment charges; and (3) provide to the appropriate local government subdivision (LGS), free of charge, any transmission services and the use of any transmission facilities necessary to meet such requirements. Requires a cable operator in a state adopting applicable franchising legislation that becomes effective after May 31, 2005, to: (1) owe any LGS in which the operator provides cable service during a year beginning after enactment of this Act an LGS-determined amount for such year, within specified limits, notwithstanding requirements relating to support for cable system PEG use in such state legislation; and (2) provide a certain number of channels for PEG use in an LGS, notwithstanding requirements relating to the number of PEG-use cable channels in such state legislation. Defines "local government subdivision" (referred to above as an LGS) as a franchising authority deriving its power to grant a franchise from state or local law or an entity considered such a franchising authority as of the day before the effective date of such state legislation relating to support. Specifies forms of support as cash payments, in-kind support, and free services provided by the cable system operator, or its predecessor, to the LGS for the cable system's PEG use. Sets forth provisions regarding: (1) LGS or state enforcement, and (2) nonbinding mediation and court proceedings concerning disputed support amounts. Revises the definition of "franchise fee" including by striking a provision prohibiting such a fee from including (in the case of a franchise granted after the enactment of the Cable Communications Policy Act of 1984) capital costs that the franchise requires the cable operator to incur for PEG access facilities."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Oversight by Financial Inspectors General Act of 2009''. SEC. 2. AMENDMENT TO DEFINITION OF MATERIAL LOSS AND NONMATERIAL LOSSES TO THE DEPOSIT INSURANCE FUND FOR PURPOSES OF INSPECTORS GENERAL REVIEWS. (a) In General.--Section 38(k) of the Federal Deposit Insurance Act (U.S.C. 1831o(k)) is amended-- (1) in paragraph (2), by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Material loss defined.--The term `material loss' means any estimated loss in excess of $200,000,000, occurring after March 31, 2009.''; (2) in that portion of paragraph (4)(A) that precedes clause (i), by striking ``the report'' and inserting ``any reports under this subsection on losses''; (3) by striking paragraph (6); (4) by redesignating paragraph (5) as paragraph (6); and (5) by inserting after paragraph (4) the following new paragraph: ``(5) Losses that are not material.-- ``(A) Semiannual report.--For the 6-month period ending on September 30, 2009, and each 6-month period thereafter, the Inspector General of each Federal banking agency shall-- ``(i) identify losses estimated to be incurred by the Deposit Insurance Fund during that 6-month period with respect to insured depository institutions supervised by such Federal banking agency; ``(ii) for each loss to the Deposit Insurance Fund (as a loss to such Fund is defined in paragraph (2)(A)) that is not a material loss, determine the grounds identified by the Federal banking agency or State bank supervisor under section 11(c)(5) for appointing the Corporation as receiver and whether any unusual circumstances exist that might warrant an in-depth review of the loss; and ``(iii) prepare a written report to the appropriate Federal banking agency and for the Congress on the results of the Inspector General's determinations, including-- ``(I) the identity of any loss that warrants an in-depth review and the reasons why such review is warranted, or if the Inspector General determines that no review is warranted, an explanation of such determination; and ``(II) for each loss identified in subclause (I) that warrants an in-depth review, a date by which such review, and a report on the review prepared in a manner consistent with reports under paragraph (1)(A), will be completed. ``(B) Deadline for semiannual report.--The Inspector General of each Federal banking agency shall-- ``(i) comply with the semiannual report requirements of paragraph (A) expeditiously, and in any event within 90 days after the end of the 6-month period covered by the report; and ``(ii) provide a copy of the report to any Member of Congress upon request.''. (b) Technical and Conforming Amendment.--The heading for subsection (k) of section 38 of the Federal Deposit Insurance Act (U.S.C. 1831o(k)) is amended-- (1) by striking ``Review'' and inserting ``Reviews''; and (2) by striking ``Material Loss'' and inserting ``Losses''. SEC. 3. AMENDMENT TO DEFINITION OF MATERIAL LOSS AND NONMATERIAL LOSSES TO THE NATIONAL CREDIT UNION SHARE INSURANCE FUND FOR PURPOSES OF INSPECTORS GENERAL REVIEWS. (a) In General.--Subsection (j) of section 216 of the Federal Credit Union Act (12 U.S.C. 1790d(j)) is amended to read as follows: ``(j) Reviews Required When Share Insurance Fund Experiences Losses.-- ``(1) In general.--If the Fund incurs a material loss with respect to an insured credit union, the inspector general of the Board shall-- ``(A) make a written report to the Board reviewing the Administration's supervision of the credit union (including the Administration's implementation of this section), which shall-- ``(i) ascertain why the credit union's problems resulted in a material loss to the Fund; and ``(ii) make recommendations for preventing any such loss in the future; and ``(B) provide a copy of the report to-- ``(i) the Comptroller General of the United States; (ii) the Corporation (if the agency is not the Corporation); ``(ii) in the case of a State credit union, the appropriate State supervisor; and ``(iii) upon request by any Member of Congress, to that Member. ``(2) Material loss defined.--For purposes of determining whether the Fund has incurred a material loss with respect to an insured credit union, a loss is material if it exceeds the sum of-- ``(A) $25,000,000; and ``(B) an amount equal to 10 percent of the total assets of the credit union at the time at which the Board initiated assistance under section 1788 of this title or was appointed liquidating agent. ``(3) Public disclosure required.-- ``(A) In general.--The Board shall disclose a report under this subsection upon request under section 552 of title 5 without excising-- ``(i) any portion under section 552(b)(5) of that title; or ``(ii) any information about the insured credit union (other than trade secrets) or paragraph (8) of section 552(b) of that title. ``(B) Exception.--Subparagraph (A) shall not be construed as requiring the agency to disclose the name of any customer of the insured credit union (other than an institution-affiliated party), or information from which such a person's identity could reasonably be ascertained. ``(4) Losses that are not material.-- ``(A) Semiannual report.--For the 6-month period ending on September 30, 2009, and each 6-month period thereafter, the Inspector General of the Board shall-- ``(i) identify losses estimated to be incurred by the Fund during that 6-month period with respect to insured credit unions; ``(ii) for each loss to the Fund that is not a material loss, determine the grounds identified by the Board or the State official having jurisdiction over a State credit union for appointing the Board the liquidating agent for any Federal or State credit union and whether any unusual circumstances exist that might warrant an in-depth review of the loss; and ``(iii) prepare a written report to the Board and for the Congress on the results of the Inspector General's determinations, including-- ``(I) the identity of any loss that warrants an in-depth review and the reasons why such review is warranted, or if the Inspector General determines that no review is warranted, an explanation of such determination; and ``(II) for each loss identified in subclause (I) that warrants an in-depth review, a date by which such review, and a report on the review prepared in a manner consistent with reports under paragraph (1)(A), will be completed. ``(B) Deadline for semiannual report.--The Inspector General of the Board shall-- ``(i) comply with the semiannual report requirements of paragraph (A) expeditiously, and in any event within 90 days after the end of the 6-month period covered by the report; and ``(ii) provide a copy of the report to any Member of Congress upon request. ``(5) GAO review.--The Comptroller General of the United States shall, under such conditions as the Comptroller General determines to be appropriate, review reports made under paragraph (1), including the extent to which the Inspector General of the Board complied with section 8L of the Inspector General Act of 1978 with respect to each such report, and recommend improvements in the supervision of insured credit unions (including the implementation of this section).''. Passed the House of Representatives July 29, 2009. Attest: LORRAINE C. MILLER, Clerk.", "summary": "Improved Oversight by Financial Inspectors General Act of 2009 - (Sec. 2) Amends the Federal Deposit Insurance Act (FDIA) to revise the meaning of material loss to repeal its definition as an amount exceeding the greater of $25 million or 2% of the institution's total assets at the time the Federal Deposit Insurance Corporation (FDIC) initiated assistance or was appointed receiver. Counts as a material loss any estimated loss in excess of $200 million occurring after March 31, 2009. Requires the Inspector General (IG) of each federal banking agency to report semiannually to the appropriate federal agency and to Congress regarding: (1) losses estimated to be incurred by the Deposit Insurance Fund (DIF) with respect to insured depository institutions the agency supervises; (2) each loss that is not a material loss, the grounds for appointing the FDIC as receiver, and whether any unusual circumstances exist that might warrant an in-depth review of the loss; and (3) the results of the IG's determinations. (Sec. 3) Amends the Federal Credit Union Act (FCUA) to require the IG of the National Credit Union Administration (NCUA) to report to the NCUA Board about any material loss to the National Credit Union Share Insurance Fund (NCUSIF) with respect to an insured credit union regarding: (1) why the credit union's problems resulted in a material loss to the NCUSIF; and (2) how such loss may be prevented in the future. Revises the definition of material loss to the NCUSIF, currently an amount exceeding the sum of $10 million and 10% of the credit union's total assets at the time the NCUA Board initiated assistance or was appointed liquidating agent. Increases the $10 million to $25 million. Requires the IG of the NCUA Board to report semiannually to the Board and Congress regarding: (1) losses estimated to be incurred by the NCUSIF with respect to insured credit unions; (2) each loss that is not a material loss, the grounds for appointing the NCUA Board as liquidating agent for any federal or state credit union, and whether any unusual circumstances exist that might warrant an in-depth review of the loss; and (3) the results of the IG's determinations. Instructs the Comptroller General to: (1) review reports regarding material losses to the NCUSIF, and (2) make recommendations for improvements in the supervision of insured credit unions."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Contractor Tax Simplification Act of 1998''. SEC. 2. FINDINGS. The Congress finds that: (1) Simplifying the tax rules with respect to independent contractors was the top vote-getter at the 1995 White House Conference on Small Business. Conference delegates recommended that Congress ``should recognize the legitimacy of an independent contractor''. The Conference found that the current common law is ``too subjective'' and called upon the Congress to establish ``realistic and consistent guidelines''. (2) It is in the best interests of taxpayers and the Federal Government to have fair and objective rules for determining who is an employee and who is an independent contractor. SEC. 3. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT EMPLOYEES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (general provisions relating to employment taxes) is amended by adding after section 3510 the following new section: ``SEC. 3511. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT EMPLOYEES. ``(a) General Rule.--For purposes of this subtitle, and notwithstanding any provision of this subtitle to the contrary, if the requirements of subsections (b), (c), and (d) are met with respect to any service performed by any individual, then with respect to such service-- ``(1) the service provider shall not be treated as an employee, ``(2) the service recipient shall not be treated as an employer, and ``(3) the payor shall not be treated as an employer. ``(b) Service Provider Requirements With Regard to Service Recipient.--For the purposes of subsection (a), the requirements of this subsection are met if the service provider, in connection with performing the service-- ``(1) has a significant investment in assets and/or training, ``(2) incurs significant unreimbursed expenses, ``(3) agrees to perform the service for a particular amount of time or to complete a specific result and is liable for damages for early termination without cause, ``(4) is paid primarily on a commissioned basis, or ``(5) purchases products for resale. ``(c) Additional Service Provider Requirements With Regard to Others.--For the purposes of subsection (a), the requirements of this subsection are met if-- ``(1) the service provider-- ``(A) has a principal place of business, ``(B) does not primarily provide the service in the service recipient's place of business, or ``(C) pays a fair market rent for use of the service recipient's place of business; or ``(2) the service provider-- ``(A) is not required to perform service exclusively for the service recipient, and ``(B) in the year involved, or in the preceding or subsequent year-- ``(i) has performed a significant amount of service for other persons, ``(ii) has offered to perform service for other persons through-- ``(I) advertising, ``(II) individual written or oral solicitations, ``(III) listing with registries, agencies, brokers, and other persons in the business of providing referrals to other service recipients, or ``(IV) other similar activities, or ``(iii) provides service under a business name which is registered with (or for which a license has been obtained from) a State, a political subdivision of a State, or any agency or instrumentality of 1 or more States or political subdivisions. ``(d) Written Document Requirements.--For purposes of subsection (a), the requirements of this subsection are met if the services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed, or the payor, and such contract provides that the individual will not be treated as an employee with respect to such services for purposes of this subtitle. ``(e) Special Rules.--For purposes of this section-- ``(1) If for any taxable year any service recipient or payor fails to meet the applicable reporting requirements of sections 6041(a), 6041A(a), or 6051 with respect to a service provider, then, unless such failure is due to reasonable cause and not willful neglect, this section shall not apply in determining whether such service provider shall not be treated as an employee of such service recipient or payor for such year. ``(2) If the service provider is performing services through an entity owned in whole or in part by such service provider, then the references to `service provider' in subsections (b) through (d) may include such entity, provided that the written contract referred to in paragraph (1) of subsection (d) may be with either the service provider or such entity and need not be with both. ``(f) Definitions.--For the purposes of this section-- ``(1) Service provider.--The term `service provider' means any individual who performs service for another person. ``(2) Service recipient.--Except as provided in paragraph (5), the term `service recipient' means the person for whom the service provider performs such service. ``(3) Payor.--Except as provided in paragraph (5), the term `payor' means the person who pays the service provider for the performance of such service in the event that the service recipients do not pay the service provider. ``(4) In connection with performing the service.--The term `in connection with performing the service' means in connection or related to-- ``(A) the actual service performed by the service provider for the service recipients or for other persons for whom the service provider has performed similar service, or ``(B) the operation of the service provider's trade or business. ``(5) Exceptions.--The terms `service recipient' and `payor' do not include any entity which is owned in whole or in part by the service provider.'' (b) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Standards for determining whether individuals are not employees.'' (c) Effective Date.--The amendments made by this Act shall apply to services performed after December 31, 1998.", "summary": "Independent Contractor Tax Simplification Act of 1998 - Amends the Internal Revenue Code to set forth standards for determining whether individual service providers are not employees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Opioid Recovery Centers Act of 2018''. SEC. 2. COMPREHENSIVE OPIOID RECOVERY CENTERS. (a) In General.--Part D of title V of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 550. COMPREHENSIVE OPIOID RECOVERY CENTERS. ``(a) In General.--The Secretary shall award grants on a competitive basis to eligible entities to establish or operate a comprehensive opioid recovery center (referred to in this section as a `Center'). ``(b) Grant Period.-- ``(1) In general.--A grant awarded under subsection (a) shall be for a period not less than 3 years and not more than 5 years. ``(2) Renewal.--A grant awarded under subsection (a) may be renewed, on a competitive basis, for additional periods of time, as determined by the Secretary. In determining whether to renew a grant under this paragraph, the Secretary shall consider the data submitted under subsection (h). ``(c) Minimum Number of Centers.--The Secretary shall allocate the amounts made available under subsection (i) in such amounts that not fewer than 10 Centers will be established across the United States. ``(d) Application.--In order to be eligible for a grant under subsection (a), an entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include-- ``(1) evidence that such entity carries out, or is capable of coordinating with other entities to carry out, the activities described in subsection (g); and ``(2) such other information as the Secretary may require. ``(e) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to eligible entities located in a State or Indian country (as defined in section 1151 of title 18, United States Code)-- ``(1) with a high per capita drug overdose mortality rate, as determined by the Director of the Centers for Disease Control and Prevention; or ``(2) based on any other criteria or need, as determined by the Secretary. ``(f) Use of Grant Funds.--An eligible entity awarded a grant under subsection (a) shall use the grant funds to establish or operate a Center to carry out the activities described in subsection (g). ``(g) Center Activities and Services.--Each Center shall, at a minimum, carry out the activities described in this subsection. In the case of a Center that determines that a service described in paragraph (2) cannot reasonably be carried out by the Center, such Center shall contract with such other entities as may be necessary to ensure that patients have access to the full range of services described in such paragraph. ``(1) Community outreach.--Each Center shall carry out the following outreach activities: ``(A) Train and supervise outreach staff to work with schools, workplaces, faith-based organizations, State and local health departments, law enforcement, and first responders to ensure that such institutions are aware of the services of the Center. ``(B) Disseminate and make available online evidence-based resources that educate professionals and the public on opioid use disorder and other substance use disorders. ``(2) Treatment and recovery services.--Each Center shall provide the following treatment and recovery services: ``(A) Ensure that intake evaluations meet the clinical needs of patients. ``(B) Periodically conduct patient assessments to ensure continued and meaningful recovery, as defined by the Assistant Secretary for Mental Health and Substance Use. ``(C) Provide the full continuum of treatment services, including-- ``(i) all drugs approved under section 505 of the Federal Food, Drug, and Cosmetic Act and all biological products licensed under section 351 of this Act, including methadone, to treat substance use disorders, including opioid use disorder and alcohol use disorder; ``(ii) withdrawal management, which shall include medically supervised detoxification that includes patient evaluation, stabilization, and readiness for and entry into treatment; ``(iii) counseling and case management, including counseling and recovery services for any possible co-occurring mental illness; ``(iv) residential rehabilitation; ``(v) recovery housing; ``(vi) community-based and peer recovery support services; ``(vii) job training and placement assistance to support reintegration into the workforce; and ``(viii) other best practices, as determined by the Secretary. ``(D) Administer an onsite pharmacy and provide toxicology services. ``(E) Establish and operate a secure and confidential electronic health information system. ``(F) Offer family support services such as child care, family counseling, and parenting interventions to help stabilize families impacted by substance use disorder. ``(h) Data Reporting and Program Oversight.--With respect to a grant awarded under subsection (a) to an eligible entity for a Center, not later than 90 days after the end of the first year of the grant period, and annually thereafter for the duration of the grant period (including the duration of any renewal period for such grant), the entity shall submit data, as appropriate, to the Secretary regarding-- ``(1) the programs and activities funded by the grant; ``(2) health outcomes of individuals with a substance use disorder who received services from the Center; ``(3) the effectiveness of interventions designed, tested, and evaluated by the Center; and ``(4) any other information that the Secretary may require for the purpose of-- ``(A) evaluating the effectiveness of the Center; and ``(B) ensuring that the Center is complying with all the requirements of the grant, including providing the full continuum of services described in subsection (g)(2)(C) and providing drugs and devices for overdose reversal under such subsection. ``(i) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2019 through 2023 for purposes of carrying out this section.''. (b) Reports to Congress.-- (1) Preliminary report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a preliminary report that analyzes data submitted under section 550(h) of the Public Health Service Act, as added by subsection (a). (2) Final report.--Not later than 1 year after submitting the preliminary report required under paragraph (1), the Secretary of Health and Human Services shall submit to Congress a final report that includes-- (A) an evaluation of the effectiveness of comprehensive opioid recovery centers established or operated pursuant to section 550 of the Public Health Service Act, as added by subsection (a); (B) recommendations on whether the grant program established under such section 550 should be reauthorized and expanded; and (C) standards and best practices for the treatment of substance use disorders, as identified through such grant program. Passed the House of Representatives June 12, 2018. Attest: KAREN L. HAAS, Clerk.", "summary": "Comprehensive Opioid Recovery Centers Act of 2018 This bill amends the Public Health Service Act to require the Department of Health and Human Services to award grants to establish or operate comprehensive opioid recovery centers. Priority for grants must be given to entities located in states or Indian country with a high per capita drug overdose mortality rate. Each center must carry out specified outreach activities and specified treatment and recovery services."}
{"article": "SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. ALEXANDER CREEK VILLAGE RECOGNITION. ``(a) Definitions.--In this section: ``(1) Agency.--The term `agency' includes-- ``(A) any instrumentality of the United States; ``(B) any element of an agency; and ``(C) any wholly owned or mixed-owned corporation of the Federal Government identified in chapter 91 of title 31, United States Code. ``(2) Alexander creek.--The term `Alexander Creek' means Alexander Creek, Incorporated, a Village Corporation recognized and organized pursuant to section (b). ``(3) Region.--The term `Region' means Cook Inlet Region Incorporated, a Regional Corporation, which is the appropriate Regional Corporation for Alexander Creek under section 14(h). ``(b) Recognition of the Village of Alexander Creek.--Subject to the limitations of this section and notwithstanding subsection (d) of section 1432 of the Alaska National Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2543) or any conveyance under that section, Alexander Creek, Incorporated, a Group Corporation organized pursuant to this Act located within T. 15 N., R. 7 W., Seward Meridian, Alaska, is recognized as an eligible Native village under section 11(b)(3). ``(c) Organization of Alexander Creek.--As soon as practicable after the date of enactment of this section, Alexander Creek shall file in the State-- ``(1) any amendments to the corporate charter of Alexander Creek that are necessary to convert from a Group Corporation to a Village Corporation; and ``(2) any amendments to the corporate charter and governing business documents of Alexander Creek that are necessary to fulfill the terms of the agreement authorized under subsection (d). ``(d) Negotiations; Agreement.-- ``(1) In general.--Not later than 30 days after the date of enactment of this section, the Secretary shall commence negotiations with Alexander Creek to fairly and equitably settle any aboriginal land claims and any other claims that Alexander Creek has against the United States. ``(2) Agreement.-- ``(A) Deadline.--Not later than 13 months after the date of enactment of this section, the Secretary shall enter into an agreement with Alexander Creek relating to the claims described in paragraph (1). ``(B) Terms.--Notwithstanding the prior status of Alexander Creek as a Group Corporation, an agreement under this paragraph shall be in approximate value parity, considering inflation, with agreements of other Village Corporations. ``(C) Availability of funds.--Any funds to be provided for Alexander Creek under an agreement entered into under this paragraph shall be available subject to appropriations. ``(D) Applicable law.-- ``(i) In general.--The Secretary shall carry out an agreement entered into under this paragraph-- ``(I) in accordance with this section and other existing authorities; and ``(II) in coordination with the Administrator of General Services pursuant to section 549 of title 40, United States Code, with respect to property to be transferred to Alexander Creek pursuant to the agreement, subject to clause (ii). ``(ii) Consideration as state.-- Notwithstanding paragraphs (2) and (3) of section 549(a) of title 40, United States Code, Alexander Creek shall be considered a `State' and a `State agency' under that section for the purposes of the Secretary carrying out an agreement under this paragraph. ``(e) Shareholder Participation.-- ``(1) In general.--Alexander Creek shall notify each member of the Village Corporation recognized under subsection (b) that, as of the date of enactment of this section-- ``(A) the member shall cease to receive benefits from the Region as at-large shareholders pursuant to section 7(m); and ``(B) all future resource payments from the Region shall be made to the Village Corporation pursuant to section 7(j). ``(2) Limitation of liability.--The Region shall not be liable under any Federal, State, or local law or under Federal or State common law for damages arising out of or related to the cessation of payments to the members of Alexander Creek described in paragraph (1)(A). ``(f) Effect.--Except as provided in this section with respect to Alexander Creek, nothing in this section-- ``(1) modifies or amends any land conveyance entitlement or conveyance agreement-- ``(A) between the Region and a Village Corporation (other than Alexander Creek) in the Region; ``(B) between the Region and the Federal Government; or ``(C) between any party described in subparagraph (A) or (B) and the State; or ``(2) reduces the land entitlement to which Alexander Creek became entitled as a Group Corporation, including the land selected by and conveyed to Alexander Creek on the date of enactment of this section.''.", "summary": "This bill amends the Alaska Native Claims Settlement Act to recognize Alexander Creek as a Native village. Currently, Alexander Creek is recognized as a Native group. (Under the Act, a Native village is entitled to more land than a Native group.) Alexander Creek must file any amendments to its corporate charter that are necessary to convert from a Native group to a Native village. The Department of the Interior must negotiate with Alexander Creek to fairly and equitably settle aboriginal land claims and any other claims against the United States. Alexander Creek must notify its members that the Cook Inlet regional corporation will make future payments to the village instead of to individual members. The regional corporation is not liable for damages related to cessation of payments to individual members of Alexander Creek."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Free Indian Health Service Act of 2016''. SEC. 2. MANDATORY RANDOM DRUG TESTING OF CERTAIN EMPLOYEES OF INDIAN HEALTH SERVICE. (a) Regulations.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate such regulations as are necessary to implement a mandatory random drug testing program for covered employees of the Indian Health Service. Except as otherwise provided for in this section, the Secretary shall promulgate such regulations in accordance with the-- (A) guidelines promulgated on November 25, 2008, titled ``Mandatory Guidelines for Federal Workplace Drug Testing'' (73 Fed. Reg. 71858); and (B) regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). (2) Testing of certain drugs.--In carrying out the program required under paragraph (1), the Secretary shall ensure that each covered employee is tested not less than once per year for each of the following drugs: (A) Marijuana. (B) Cocaine. (C) Opiates. (D) Amphetamines. (E) Methamphetamine. (F) Phencyclidine. (b) Notice of Mandatory Random Drug Testing Program.--Not less than 90 days before implementing the program required under subsection (a), the Secretary shall provide written notice to all covered employees that-- (1) a mandatory random drug testing program will be implemented; and (2) covered employees will have the opportunity, and reasonable time, to submit medical documentation of lawful use of a drug listed under subsection (a)(2). (c) Notification of Selection.--The Secretary shall-- (1) notify a covered employee selected for random drug testing under this section on the same day, but prior to, such testing; and (2) include in the notification an assurance that the covered employee was selected randomly and is under no suspicion of illegal drug use. (d) Deferral of Testing.--A covered employee selected for random drug testing under this section may obtain a deferral of testing if the covered employee is-- (1) in a leave status; or (2) in official travel status away from the test site or will embark on official travel that was scheduled prior to the notification of selection under subsection (c). (e) Finding of Illegal Drug Use and Disciplinary Consequences.-- (1) Finding of illegal drug use.--The Secretary may determine that a covered employee has engaged in illegal drug use based on any of the following: (A) A verified positive test result from a specimen submitted by the covered employee. (B) Direct observation by a higher-level supervisor, including observed illegal drug use and the unlawful possession of a drug listed under subsection (a)(2). (C) Evidence obtained from an arrest or criminal conviction of the covered employee. (D) The voluntary admission of the covered employee. (2) Mandatory administrative action.-- (A) In general.--If a covered employee is found to have engaged in illegal drug use under paragraph (1), the Secretary shall-- (i) prohibit the covered employee from performing any activity related to providing health care or administrative services to patients; and (ii) refer such employee to the Employee Assistance Program of the Department of Health and Human Services. (B) Return to duty.--At the discretion of the Secretary, a covered employee may return to performing activities related to providing health care or administrative services to patients after obtaining counseling or rehabilitation through the Employee Assistance Program. (3) Adverse actions.-- (A) In general.--Subject to subsection (g), in addition to carrying out the required actions under paragraph (2), the Secretary may initiate an adverse action, including removal, against a covered employee who is found to have engaged in illegal drug use under paragraph (1). (B) Voluntary admission exception.--The Secretary may not initiate an adverse action under subparagraph (A) against a covered employee who-- (i) voluntarily admits to illegal drug use; (ii) ceases such illegal drug use; and (iii) obtains counseling or rehabilitation through the Employee Assistance Program. (f) Refusal To Submit to Random Drug Testing and Disciplinary Consequences.--If a covered employee refuses to submit to random drug testing under this section when so required, the Secretary-- (1) shall prohibit the covered employee from performing any activity related to providing health care or administrative services to patients; and (2) subject to subsection (g), may initiate an adverse action, including removal, against such employee. (g) Due Process.--In carrying out an adverse action under this section against a covered employee, the Secretary shall provide the covered employee with notice and an opportunity to respond. (h) Appeals.--A covered employee subject to an administrative or adverse action under this section may appeal such action to the Merit Systems Protection Board under section 7701 of title 5, United States Code. (i) No Additional Funds.--No additional funds are authorized to be appropriated for the purpose of carrying out this section. This section shall be carried out using amounts otherwise available for such purpose. (j) Definitions.--For purposes of this section: (1) Covered employee.--The term ``covered employee''-- (A) means an individual who-- (i) is employed in a part-time or full-time position at a health care facility of the Indian Health Service (excluding tribal contract or compact health centers and urban Indian health centers); and (ii) provides health care or administrative services to patients at such health care facility; and (B) does not include officers of the Commissioned Corps of the United States Public Health Service. (2) Employee assistance program.--The term ``Employee Assistance Program'' means the Employee Assistance Program of the Department of Health and Human Services. (3) Illegal drug use.--The term ``illegal drug use'' means the unlawful use of a drug listed under subsection (a)(2) by a covered employee. (4) Random drug testing.--The term ``random drug testing'' means drug testing that is imposed on a covered employee without individualized suspicion that such employee is engaging, or has engaged, in illegal drug use. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Director of the Indian Health Service. (6) Specimen.--The term ``specimen'' means urine collected from a covered employee for the purpose of random drug testing under this section.", "summary": "Drug-Free Indian Health Service Act of 2016 This bill requires the Department of Health and Human Services (HHS) to implement mandatory random drug testing for Indian Health Service (IHS) employees who provide health care or administrative services to patients at IHS health care facilities. Officers of the Commissioned Corps of the Public Health Service are exempt from this drug testing. Each employee must be tested at least once per year for specified drugs. HHS must notify employees of the implementation of this drug testing. Employees selected for drug testing must be notified of their selection on the same day as the testing. Employees found to have engaged in illegal drug use, through testing, direct observation, evidence from a conviction, or voluntary admission, are prohibited from providing services to patients and referred to the HHS Employee Assistance Program (EAP). At the discretion of HHS, an employee may return to duty after obtaining counseling or rehabilitation through the EAP. HHS may initiate an adverse action, including removal, against an employee engaged in illegal drug use unless the employee voluntarily admits to illegal drug use, ceases such activity, and obtains counseling or rehabilitation through the EAP. Employees who refuse to submit to drug testing are prohibited from providing services to patients and are subject to adverse action."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Enhancement Act''. SEC. 2. LOAN PROGRAM FOR DEPLOYMENT OF BROADBAND SERVICE IN RURAL AREAS. (a) In General.--Part C of title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following new section: ``SEC. 156. BROADBAND TELECOMMUNICATIONS SERVICE. ``(a) Purpose.--The purpose of this section is to make loans and other extensions of credit to provide funds for the costs of the construction, improvement, and acquisition of facilities and equipment for the provision of broadband service in eligible rural communities. ``(b) Requirement To Make Loans and Other Extensions of Credit.-- The Rural Utilities Service of the Department of Agriculture shall, in consultation with the NTIA, make loans or other extensions of credit to eligible entities to provide funds for the construction, improvement, or acquisition of facilities and equipment (including consumer equipment) for the provision of broadband service in eligible rural communities. ``(c) Eligible Entities.--An entity eligible for a loan or other extension of credit under this section is any non-Federal public or private entity, including an incorporated or limited liability entity, cooperative, non-profit organization, or limited dividend or mutual association, that submits a plan for a project meeting the requirements of subsection (e). ``(d) Broadband Service.-- ``(1) In general.--For purposes of this section, broadband service is any technology identified by the Rural Utilities Service, in consultation with the NTIA, as having the capacity to transmit data so as to enable a subscriber to such service to originate and receive high-quality voice, data, graphics, or video. ``(2) Modification.--The NTIA shall, from time to time as advances in technology so warrant, review and recommend modifications of rate-of-data transmission criteria for purposes of the identification of technologies under paragraph (1). ``(e) Project Requirements.-- ``(1) In general.--A project meeting the requirements of this subsection is any project determined to have the capability-- ``(A) to deliver broadband service; and ``(B) to make access to broadband service generally available throughout an eligible rural community. ``(2) Additional considerations.--For purposes of determining whether or not to make a loan or other extension of credit for a project under this section, the following matters shall also be taken into consideration: ``(A) The extent to which the area to be served by the project is unserved or underserved by broadband service. ``(B) The size of the area to be served by the project. ``(C) The potential number of subscribers to the broadband service available through the project. ``(3) Technological neutrality.--For purposes of determining whether or not to make a loan or other extension of credit for a project under this section, the type of technology proposed to be employed under the project may not be taken into consideration. ``(f) Terms and Conditions.--A loan or other extension of credit under this section shall-- ``(1) be made available in accordance with the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.); ``(2) bear interest at an annual rate of not more than 2 percent per annum; and ``(3) have a term not to exceed the useful life of the assets constructed, improved, or acquired with the proceeds of the loan or extension of credit. ``(g) Limitation on Value of Loans and Credit.--The aggregate value of all loans and other extensions of credit made under this section shall not exceed $3,000,000,000. ``(h) Eligible Rural Community Defined.--In this section, the term `eligible rural community' means any incorporated or unincorporated place that-- ``(1) has not more than 20,000 inhabitants, based on the most recent available population statistics of the Bureau of the Census; and ``(2) is not located in an area designated as a Metropolitan Area by the Office of Management and Budget. ``(i) Sunset.-- ``(1) In general.--No loan or other extension of credit may be made under this section after September 30, 2006. ``(2) Construction.--Paragraph (1) shall not affect the validity of any loan or extension of credit made under this section before the date specified in that paragraph.''. (b) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Commerce such sums as may be necessary to cover the cost, as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of loans and other extensions of credit made under section 156 of the National Telecommunications and Information Administration Organization Act, as added by subsection (a).", "summary": "Rural Broadband Enhancement Act - Amends the National Telecommunications and Information Administration Organization Act to direct the Rural Utilities Service of the Department of Agriculture to make loans or other extensions of credit to eligible entities (any non-Federal public or private entity that submits a qualifying project) to provide funds for the construction, improvement, or acquisition of facilities and equipment for the provision of broadband telecommunications service in eligible rural communities (non-metropolitan areas with no more than 20,000 inhabitants). Prohibits any such loan or credit extension after September 20, 2006."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Security in Mortgage Registration Act of 2010''. SEC. 2. PROHIBITION ON GUARANTEEING MERS MORTGAGES. (a) Fannie Mae and Freddie Mac.-- (1) Fannie mae.--Section 302(b) of the National Housing Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: ``(6)(A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010, the corporation may not purchase, acquire, newly lend on the security of, newly invest in securities consisting of, or otherwise newly deal in any MERS mortgage or mortgages. ``(B) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned, guaranteed, or securitized by the corporation. Not later than the expiration of such period, the corporation shall require that all mortgage loans owned, guaranteed, or securitized at such time by the corporation and on which MERS is the named mortgagee or mortgagee of record shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the corporation. The corporation shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. ``(C)(i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010. ``(ii) In the case of any mortgage owned, guaranteed, or securitized by the corporation for which the servicer, holder, or creditor has demonstrated to the corporation, in accordance with standards established by the Director of the Federal Housing Finance Agency, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the corporation, in accordance with standards established by the Director, but in no case has a duration longer than 12 months. ``(D) Not later than the expiration of the 6-month period referred to in subparagraph (C)(i), the corporation shall submit a report detailing its compliance with subparagraph (B) to the Congress, the Director of the Federal Housing Finance Agency, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). ``(E) For purposes of this paragraph, the following definitions shall apply: ``(i) The term `MERS' means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. ``(ii) The term `MERS mortgage' means any mortgage-- ``(I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; ``(II) that is, or was at any time, assigned to or recorded in the MERS; or ``(III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage.''. (2) Freddie mac.--Section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the following new paragraph: ``(6)(A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010, the Corporation may not purchase, acquire, newly lend on the security of, newly invest in securities consisting of, or otherwise newly deal in any MERS mortgage or mortgages. ``(B) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned, guaranteed, or securitized by the Corporation. Not later than the expiration of such period, the Corporation shall require that all mortgage loans owned, guaranteed, or securitized at such time by the Corporation and on which MERS is the named mortgagee or mortgagee of record shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the Corporation. The Corporation shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. ``(C)(i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010. ``(ii) In the case of any mortgage owned, guaranteed, or securitized by the Corporation for which the servicer, holder, or creditor has demonstrated to the Corporation, in accordance with standards established by the Director of the Federal Housing Finance Agency, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the Corporation, in accordance with standards established by the Director, but in no case has a duration longer than 12 months. ``(D) Not later than the expiration of the 6-month period referred to in subparagraph (C)(i), the Corporation shall submit a report detailing its compliance with subparagraph (B) to the Congress, the Director of the Federal Housing Finance Agency, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). ``(E) For purposes of this paragraph, the following definitions shall apply: ``(i) The term `MERS' means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. ``(ii) The term `MERS mortgage' means any mortgage-- ``(I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; ``(II) that is, or was at any time, assigned to or recorded in the MERS; or ``(III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage.''. (3) Regulations.--Not later than the expiration of the 90- day period beginning on the date of the enactment of this Act, the Director of the Federal Housing Finance Agency shall issue any regulations necessary to carry out the amendments made by paragraphs (1) and (2). In issuing such regulations, the Director shall consult and coordinate with the Secretary of Housing and Urban Development to ensure that the regulations issued by the Director and the regulations issued by the Secretary pursuant to subsection (b)(2) of this section are uniform and consistent to maximum extent possible. (b) Ginnie Mae.-- (1) Prohibition.--Section 302(c) of the National Housing Act (12 U.S.C. 1717(c)) is amended by adding at the end the following new paragraph: ``(6)(A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010, the Association may not newly guarantee the payment of principal of or interest on any trust certificate or other security based or backed by a trust or pool that contains, or purchase or acquire, any MERS mortgage. ``(B)(i) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned or held by the Association or on any mortgage contained in a pool backing or on which is based any trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association. ``(ii) Not later than the expiration of such period, the Association shall require that all mortgage loans that are owned or held at such time by the Association, or that at such time are contained in a trust or pool backing or on which is based a trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association, and on which MERS is the named mortgagee or mortgagee of record, shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the Association. The Association shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. ``(C)(i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010. ``(ii) In the case of any mortgage owned or held by the Association, or contained in a trust or pool backing or on which is based a trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association, for which the servicer, holder, or creditor has demonstrated to the Association, in accordance with standards established by the Secretary, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the Association, in accordance with standards established by the Secretary, but in no case has a duration longer than 12 months. ``(D) Not later than the expiration of the 6-month period described in subparagraph (C)(i), the Association submit a report detailing its compliance with subparagraph (B) to the Congress, the Secretary, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). ``(E) For purposes of this paragraph, the following definitions shall apply: ``(i) The term `MERS' means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. ``(ii) The term `MERS mortgage' means any mortgage-- ``(I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; ``(II) that is, or was at any time, assigned to or recorded in the MERS; or ``(III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage.''. (2) Regulations.--Not later than the expiration of the 90- day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue any regulations necessary to carry out the amendments made by paragraphs (1) and (2). In issuing such regulations, the Secretary shall consult and coordinate with the Director of the Federal Housing Finance Agency to ensure that the regulations issued by the Secretary and the regulations issued by the Director pursuant to subsection (a)(3) of this section are uniform and consistent to maximum extent possible SEC. 3. HUD STUDY. (a) Study.--The Secretary of Housing and Urban Development, in consultation with the Comptroller General of the United States, shall conduct a study to analyze and determine-- (1) the impacts of the lack of electronic records and uniform standards found in local land title recordation systems currently used in the various States; (2) any progress States have made in developing electronic land title recordation systems for their localities that contain uniform standards, and any findings and conclusions and best practices resulting from such development; (3) the current oversight role of the Federal Government in the transfer and recordation of land titles; (4) opportunities, and the feasibility of such opportunities, that may be present to leverage progress made by some States and localities to create an electronic land title recordation system, including through-- (A) a system that would maintain all previous records of the land-property without invalidating, interfering with, or preempting State real property law governing the transfer and perfection of land title; and (B) further actions by the States or by the Federal Government, or coordinated actions of both; and (5) the feasibility of creating a Federal land title recordation system for property transfers that would maintain all previous records of the land-property without invalidating, interfering with, or preempting State real property law governing the transfer and perfection of land title. (b) Report.--Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Comptroller General of the United States, shall submit to the Congress a report on the results and findings of the study conducted under this section.", "summary": "Transparency and Security in Mortgage Registration Act of 2010 - Amends the National Housing Act to prohibit the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) from purchasing, acquiring, newly lending on the security of, newly investing in securities consisting of, or otherwise newly dealing in any Mortgage Electronic Registration System, Inc. (MERS) mortgage or mortgages. Prohibits the Government National Mortgage Association (Ginnie Mae) from newly guaranteeing the payment of principal of or interest on any trust certificate or other security based or backed by a trust or pool that contains, or purchase or acquire, any MERS mortgage. Directs Fannie Mae, Freddie Mac, and Ginnie Mae to require all their current MERS mortgages to be assigned to the proper servicer, holder, or creditor. Directs the Secretary of Housing and Urban Development (HUD) to study and report to Congress to analyze and determine: (1) the impacts of the lack of electronic records and uniform standards found in local land title recordation systems currently used in the various states; (2) any progress states have made in developing electronic land title recordation systems containing uniform standards; (3) the current oversight role of the federal government in the transfer and recordation of land titles; and (4) the feasibility of creating a federal land title recordation system for property transfers that would maintain all previous records of the land-property without invalidating, interfering with, or preempting state real property law governing the transfer and perfection of land title."}
{"article": "SECTION 1. ESTABLISHMENT OF AFGHANISTAN-PAKISTAN STUDY GROUP. (a) Establishment.--There is established in the legislative branch the Afghanistan-Pakistan Study Group (in this Act referred to as the ``Group''). (b) Sense of Congress.--It is the sense of Congress that, to the maximum extent practicable, the Group should be modeled on the Iraq Study Group. SEC. 2. COMPOSITION OF GROUP. (a) Members.--The Group shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as a co-chair of the Group; (2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Republican Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the case may be) of the Republican Party, who shall serve as a co-chair of the Group; (3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; (4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; (5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and (6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. (b) Qualifications; Other Membership Requirements.-- (1) Political party affiliation.--Not more than 5 members of the Group shall be from the same political party. An individual appointed to the Group may not be a full-time officer or employee of the Federal Government. (2) Sense of congress.--It is the sense of Congress that individuals appointed to the Group should be prominent United States citizens, with national recognition and significant depth of experience in such professions as diplomacy, the armed services, governmental service, law, intelligence gathering, and foreign affairs. (c) Deadline for Appointment.--All members of the Group shall be appointed not later than 30 days after the date of the enactment of this Act. (d) Vacancies.--Any vacancy in the Group shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (e) Compensation.-- (1) Prohibition on basic pay.--Members of the Group shall serve without pay in connection with their service for the Group. (2) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Group, members of the Group shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (f) Initial Meeting.--The Group shall meet and begin the operations of the Group as soon as practicable after the date of the enactment of this Act. (g) Quorum.--After its initial meeting, the Group shall meet upon the call of the co-chairs of the Group or a majority of the members of the Group. Six members of the Group shall constitute a quorum. SEC. 3. DUTIES. (a) In General.--The Group shall conduct a forward-looking, independent assessment of the current and prospective situation on the ground in Afghanistan and Pakistan, its impact on the surrounding region, and its consequences for United States interests. The Group shall examine four broad topic areas to include the strategic environment in and around Afghanistan and Pakistan, as well as security, political, and economic and reconstruction developments in those two countries. (b) Report.--Not later than 120 days after the date of the enactment of this Act, the Group shall submit to the President and Congress a report on the assessment conducted under this subsection, including relevant policy recommendations relating thereto. SEC. 4. POWERS OF GROUP. (a) Rules of Procedure.--The Group may establish rules for the conduct of the Group's business, if such rules are not inconsistent with this Act or other applicable law. (b) Hearings and Evidence.--The Group or, on the authority of the Group, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (1) hold such hearings and sit and act at such times and places, take such testimony, and receive such evidence; and (2) require the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Group or such designated subcommittee or designated member may determine advisable. (c) Contracting.--The Group may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Group to discharge its duties under this Act. (d) Information From Federal Agencies.-- (1) In general.--The Group is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Group, upon request made by the co-chairs, the chairman of any subcommittee created by a majority of the Group, or any member designated by a majority of the Group. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Group and its staff consistent with all applicable statutes, regulations, and Executive orders. (e) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Group on a reimbursable basis administrative support and other services for the performance of the Group's duties. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Group such services, funds, facilities, and other support services as they may determine advisable and as may be authorized by law. (f) Gifts.--The Group may accept, use, and dispose of gifts or donations of services or property for the purpose of facilitating the work of the Group. (g) Postal Services.--The Group may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 5. STAFF OF GROUP. (a) Appointment and Compensation.--The co-chairs, in accordance with rules agreed upon by the Group, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Group to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Prohibition on Personnel as Federal Employees.--The positions of staff director and other personnel of the Group described in subsection (a) may not be filled by individuals who are Federal Government employees. (c) Expert and Consultant Services.--The Group is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Volunteer Services.--Notwithstanding section 1342 of title 31, United States Code, the Group may accept and use voluntary and uncompensated services as the Group determines necessary. SEC. 6. TERMINATION. (a) In General.--The Group, and all the authorities of this Act, shall terminate 60 days after the date on which the report is submitted under section 3(b). (b) Administrative Activities Before Termination.--The Group may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating the report. SEC. 7. FUNDING. (a) Transfer of Funds From Bureau of South and Central Asian Affairs.--Of the amounts made available under the heading ``Administration of Foreign Affairs, Diplomatic and Consular Programs'' for the Bureau of South and Central Asian Affairs for fiscal year 2011, $1,000,000 shall be available for transfer to the Group for purposes of carrying out this Act. (b) Prohibition on Additional Funds.--No additional funds are authorized to be appropriated to carry out this Act.", "summary": "Establishes in the legislative branch the Afghanistan-Pakistan Study Group which shall conduct an independent assessment of the situation in Afghanistan and Pakistan, its impact on the surrounding region, and its consequences for U.S. interests. Expresses the sense of Congress that the Group should be modeled on the Iraq Study Group. Terminates the Group 60 days after it submits the report to the President and Congress required by this Act."}
{"article": "SECTION 1. INCLUSION OF HAZARDOUS DUTY PAY AND DIVING PAY IN COMPUTATION OF MILITARY RETIRED PAY FOR MEMBERS OF THE ARMED FORCES WITH EXTENSIVE HAZARDOUS DUTY EXPERIENCE. (a) In General.--Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1415. Members with extensive hazardous duty experience: increase in retired pay ``(a) Increase in Retired Pay for Qualifying Members.--The retired pay of a member who performs qualifying hazardous duty and who retires on or after the date of the enactment of this section shall be increased by the amount determined under subsection (b). ``(b) Computation of Increase.--The amount of an increase in retired pay under this section shall be the sum of the following: ``(1) Hazardous duty special pay.--If the member received special pay under section 301 of title 37, the amount equal to the product of-- ``(A) the monthly amount of special pay under that section as in effect for the final month for which the member received that special pay; and ``(B) the fraction in which the numerator is the number of months for which the member received such special pay and the denominator is the total number of months for which the member received basic pay. ``(2) Diving duty special pay.--If the member received special pay under section 304 of title 37, the amount equal to the product of-- ``(A) the monthly amount of special pay under that section as in effect for the final months for which the member received that special pay; and ``(B) the fraction in which the numerator is the number of months for which the member received such special pay and the denominator is the total number of months for which the member received basic pay. ``(c) Qualifying Members.--A member shall be considered to have performed qualifying hazardous duty for purposes of this section if the member received special pay under section 301 of title 37 (relating to special pay for hazardous duty) or section 304 of title 37 (relating to special pay for diving duty), or both, for not less than 60 months (whether or not consecutive). ``(d) Treatment Under Other Provisions Relating to Retired Pay.--An amount by which retired pay is increased under this section shall not be considered to be retired pay for purposes of section 1408 of this title or for purposes of the Survivor Benefit Plan under subchapter II of chapter 73 of this title. ``(e) Retainer Pay.--In this section, the term `retired pay' includes retainer pay payable under section 6330 of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1415. Members with extensive hazardous duty experience: increase in retired pay.''. SEC. 2. COMPTROLLER GENERAL STUDY OF TAX CREDITS AND SMALL BUSINESS LOAN CHANGES TO ASSIST BUSINESSES THAT EMPLOY GUARD AND RESERVE MEMBERS. (a) Study Required.--The Comptroller General shall conduct a study to determine-- (1) whether members of the National Guard and Reserve comprise a disproportionately large portion of the employees of any size or type of business, including small business concerns; (2) the amount of Federal tax benefit that would be appropriate to compensate such a business for costs associated with employing members of National Guard and Reserve units and having such members called to active duty; and (3) whether changes can be made to the small business loan program, such as a targeted level of loans, reduced interest rates, and reduced paperwork burdens for loan applications, to assist small business concerns to deal with the costs associated with employing members of National Guard and Reserve units and having such members called to active duty. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study. The report shall include legislative proposals-- (1) to provide the recommended tax benefit identified in the study; and (2) to modify the small business loan program to assist small business concerns that employ members of National Guard and Reserve units. SEC. 3. SECRETARY OF DEFENSE REPORT ON EXPANSION OF JUNIOR ROTC AND SIMILAR MILITARY PROGRAMS FOR YOUNG PEOPLE. (a) Findings.--Congress finds that-- (1) the Junior Reserve Officers' Training Corps, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the Marine Corps League provide significant benefits for the Armed Forces, including significant public relations benefits; and (2) there is substantial interest in expanding the scope of those programs. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report providing the Secretary's assessment of the feasibility and desirability of expanding the Junior Reserve Officers' Training Corps program of each of the military departments, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the Marine Corps League. The report shall include such recommendations as the Secretary considers appropriate for expansion of those programs through an increase in the number of units or participants in those programs, increased funding for those programs, or such other means as the Secretary determines.", "summary": "Includes hazardous duty pay and diving duty special pay received for at least 60 months as qualifying pay in the computation of military retired pay. Directs the Comptroller General to study the possibility of tax credits or small business loan incentives for businesses that employ National Guard and reserve personnel. Directs the Secretary of Defense to report to Congress on an assessment of the feasibility and desirability of expanding the Junior Reserve Officers' Training Corps (ROTC) program of each of the military departments, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the Marine Corps League."}
{"article": "S BY OTHER GOVERNMENTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees and leadership a report that evaluates the degree to which the governments of other countries have knowingly failed to-- (1) close the representative offices of persons designated under applicable United Nations Security Council resolutions; (2) expel any North Korean nationals, including diplomats, working on behalf of such persons; (3) prohibit the opening of new branches, subsidiaries, or representative offices of North Korean financial institutions within the jurisdictions of such governments; or (4) expel any representatives of North Korean financial institutions. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form but may contain a classified annex. (c) Appropriate Congressional Committees and Leadership Defined.-- In this section, the term ``appropriate congressional committees and leadership'' means-- (1) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the majority and minority leaders of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Speaker, the majority leader, and the minority leader of the House of Representatives. SEC. 318. BRIEFING ON MEASURES TO DENY SPECIALIZED FINANCIAL MESSAGING SERVICES TO DESIGNATED NORTH KOREAN FINANCIAL INSTITUTIONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 5 years, the President shall provide to the appropriate congressional committees a briefing that includes the following information: (1) A list of each person or foreign government the President has identified that directly provides specialized financial messaging services to, or enables or facilitates direct or indirect access to such messaging services for-- (A) any North Korean financial institution (as such term is defined in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202)) designated under an applicable United Nations Security Council resolution; or (B) any other North Korean person, on behalf of such a North Korean financial institution. (2) A detailed assessment of the status of efforts by the Secretary of the Treasury to work with the relevant authorities in the home jurisdictions of such specialized financial messaging providers to end such provision or access. (b) Form.--The briefing required under subsection (a) may be classified. Subtitle B--Sanctions With Respect to Human Rights Abuses by the Government of North Korea SEC. 321. SANCTIONS FOR FORCED LABOR AND SLAVERY OVERSEAS OF NORTH KOREANS. (a) Sanctions for Trafficking in Persons.-- (1) In general.--Section 302(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9241(b)) is amended-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) a list of foreign persons that knowingly employ North Korean laborers, as described in section 104(b)(1)(M).''. (2) Additional determinations; reports.--With respect to any country identified in section 302(b)(2) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9241(b)(2)), as amended by paragraph (1), the report required under section 302(a) of such Act shall-- (A) include a determination whether each person identified in section 302(b)(3) of such Act (as amended by paragraph (1)) who is a national or a citizen of such identified country meets the criteria for sanctions under-- (i) section 111 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7108) (relating to the prevention of trafficking in persons); or (ii) section 104(a) or 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214(a)), as amended by section 101 of this Act; (B) be included in the report required under section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) (relating to the annual report on trafficking in persons); and (C) be considered in any determination that the government of such country has made serious and sustained efforts to eliminate severe forms of trafficking in persons, as such term is defined for purposes of the Trafficking Victims Protection Act of 2000. (b) Sanctions on Foreign Persons That Employ North Korean Labor.-- (1) In general.--Title III of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9241 et seq.) is amended by inserting after section 302 the following new sections: ``SEC. 302A. REBUTTABLE PRESUMPTION APPLICABLE TO GOODS MADE WITH NORTH KOREAN LABOR. ``(a) In General.--Except as provided in subsection (b), any significant goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part by the labor of North Korean nationals or citizens shall be deemed to be prohibited under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and shall not be entitled to entry at any of the ports of the United States. ``(b) Exception.--The prohibition described in subsection (a) shall not apply if the Commissioner of U.S. Customs and Border Protection finds, by clear and convincing evidence, that the goods, wares, articles, or merchandise described in such paragraph were not produced with convict labor, forced labor, or indentured labor under penal sanctions. ``SEC. 302B. SANCTIONS ON FOREIGN PERSONS EMPLOYING NORTH KOREAN LABOR. ``(a) In General.--Except as provided in subsection (c), the President shall designate any person identified under section 302(b)(3) for the imposition of sanctions under subsection (b). ``(b) Imposition of Sanctions.-- ``(1) In general.--The President shall impose the sanctions described in paragraph (2) with respect to any person designated under subsection (a). ``(2) Sanctions described.--The sanctions described in this paragraph are sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to block and prohibit all transactions in property and interests in property of a person designated under subsection (a), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ``(c) Exception.-- ``(1) In general.--A person may not be designated under subsection (a) if the President certifies to the appropriate congressional committees that the President has received reliable assurances from such person that-- ``(A) the employment of North Korean laborers does not result in the direct or indirect transfer of convertible currency, luxury goods, or other stores of value to the Government of North Korea; ``(B) all wages and benefits are provided directly to the laborers, and are held, as applicable, in accounts within the jurisdiction in which they reside in locally denominated currency; and ``(C) the laborers are subject to working conditions consistent with international standards. ``(2) Recertification.--Not later than 180 days after the date on which the President transmits to the appropriate congressional committees an initial certification under paragraph (1), and every 180 days thereafter, the President shall-- ``(A) transmit a recertification stating that the conditions described in such paragraph continue to be met; or ``(B) if such recertification cannot be transmitted, impose the sanctions described in subsection (b) beginning on the date on which the President determines that such recertification cannot be transmitted.''. (2) Clerical amendment.--The table of contents in section 1(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 is amended by inserting after the item relating to section 302 the following new items: ``Sec. 302A. Rebuttable presumption applicable to goods made with North Korean labor. ``Sec. 302B. Sanctions on foreign persons employing North Korean labor.''. SEC. 322. MODIFICATIONS TO SANCTIONS SUSPENSION AND WAIVER AUTHORITIES. (a) Exemptions.--Section 208(a) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9228(a)) is amended in the matter preceding paragraph (1)-- (1) by inserting ``201A,'' after ``104,''; and (2) by inserting ``302A, 302B,'' after ``209,''. (b) Humanitarian Waiver.--Section 208(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9228(b)(1)) is amended-- (1) by inserting ``201A,'' after ``104,'' in each place it appears; and (2) by inserting ``302A, 302B,'' after ``209(b),'' in each place it appears. (c) Waiver.--Section 208(c) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9228(c)) is amended in the matter preceding paragraph (1)-- (1) by inserting ``201A,'' after ``104,''; and (2) by inserting ``302A, 302B,'' after ``209(b),''. SEC. 323. REWARD FOR INFORMANTS. Section 36(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)), is amended-- (1) in paragraph (9), by striking ``or'' at the end; (2) in paragraph (10), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(11) the identification or location of any person who, while acting at the direction of or under the control of a foreign government, aids or abets a violation of section 1030 of title 18, United States Code; or ``(12) the disruption of financial mechanisms of any person who has engaged in the conduct described in sections 104(a) or 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 2914(a) or (b)(1)).''. SEC. 324. DETERMINATION ON DESIGNATION OF NORTH KOREA AS A STATE SPONSOR OF TERRORISM. (a) Determination.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a determination whether North Korea meets the criteria for designation as a state sponsor of terrorism. (2) Form.--The determination required by paragraph (1) shall be submitted in unclassified form but may include a classified annex, if appropriate. (b) State Sponsor of Terrorism Defined.--For purposes of this section, the term ``state sponsor of terrorism'' means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)) (as in effect pursuant to the International Emergency Economic Powers Act), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. Subtitle C--General Authorities SEC. 331. AUTHORITY TO CONSOLIDATE REPORTS. Any reports required to be submitted to the appropriate congressional committees under this title or any amendment made by this title that are subject to deadlines for submission consisting of similar units of time may be consolidated into a single report that is submitted to appropriate congressional committees pursuant to the earlier of such deadlines. The consolidated reports must contain all information required under this title or any amendment made by this title, in addition to all other elements mandated by previous law. SEC. 332. RULE OF CONSTRUCTION. Nothing in this title shall be construed to limit-- (1) the authority or obligation of the President to apply the sanctions described in section 104 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214), as amended by section 311 of this Act, with regard to persons who meet the criteria for designation under such section, or in any other provision of law; or (2) the authorities of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). SEC. 333. REGULATORY AUTHORITY. (a) In General.--The President shall, not later than 180 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this title and the amendments made by this title. (b) Notification to Congress.--Not fewer than 10 days before the promulgation of a regulation under subsection (a), the President shall notify and provide to the appropriate congressional committees the proposed regulation, specifying the provisions of this title or the amendments made by this title that the regulation is implementing. SEC. 334. LIMITATION ON FUNDS. No additional funds are authorized to carry out the requirements of this title or of the amendments made by this title. Such requirements shall be carried out using amounts otherwise authorized. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Countering America's Adversaries Through Sanctions Act Countering Iran's Destabilizing Activities Act of 2017 This bill directs the President to impose sanctions against: (1) Iran's ballistic missile or weapons of mass destruction programs, (2) the sale or transfer to Iran of military equipment or the provision of related technical or financial assistance, and (3) Iran's Islamic Revolutionary Guard Corps and affiliated foreign persons. The President may impose sanctions against persons responsible for violations of internationally recognized human rights committed against individuals in Iran. The President may temporarily waive the imposition or continuation of sanctions under specified circumstances. Countering Russian Influence in Europe and Eurasia Act of 2017 The President must submit for congressional review certain proposed actions to terminate or waive sanctions with respect to the Russian Federation. Specified executive order sanctions against Russia shall remain in effect. The President may waive specified cyber- and Ukraine-related sanctions. The bill provides sanctions for activities concerning: (1) cyber security, (2) crude oil projects, (3) financial institutions, (4) corruption, (5) human rights abuses, (6) evasion of sanctions, (7) transactions with Russian defense or intelligence sectors, (8) export pipelines, (9) privatization of state-owned assets by government officials, and (10) arms transfers to Syria. The Department of State shall work with the government of Ukraine to increase Ukraine's energy security. The bill: (1) directs the Department of the Treasury to develop a national strategy for combating the financing of terrorism, and (2) includes the Secretary of the Treasury on the National Security Council. Korean Interdiction and Modernization of Sanctions Act The bill modifies and increases the President's authority to impose sanctions on persons in violation of certain United Nations Security Council resolutions regarding North Korea. U.S. financial institutions shall not establish or maintain correspondent accounts used by foreign financial institutions to provide indirect financial services to North Korea. A foreign government that provides to or receives from North Korea a defense article or service is prohibited from receiving certain types of U.S. foreign assistance. The bill provides sanctions against: (1) North Korean cargo and shipping, (2) goods produced in whole or part by North Korean convict or forced labor, and (3) foreign persons that employ North Korean forced laborers. The State Department shall submit a determination regarding whether North Korea meets the criteria for designation as a state sponsor of terrorism."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Rebuild American Manufacturing Act of 2013''. SEC. 2. NATIONAL MANUFACTURING STRATEGY. (a) Strategy Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall develop a comprehensive national manufacturing strategy. (2) Biennial revisions.--Not less frequently than once every 2 years after the date on which the President completes the strategy required by paragraph (1), the President shall revise such strategy. (b) Goals of Strategy.--The President shall include in the national manufacturing strategy required by subsection (a) short- and long-term goals for United States manufacturing, including goals-- (1) to increase the aggregate number of manufacturing jobs in the United States so that such number is not less than 20 percent of the sum of all nonfarm jobs in the United States; (2) to identify emerging technologies to strengthen the competitiveness of United States manufacturing in the global marketplace; and (3) to strengthen the manufacturing sectors of the United States in which the United States is most competitive in the global economy. (c) Information Required.--The national manufacturing strategy required by subsection (a) shall include the following: (1) A survey of all persons with headquarters in the United States that maintain manufacturing facilities outside of the United States to identify-- (A) the categories of products manufactured at such facilities; and (B) the number of manufacturing jobs located at such facilities. (2) A survey of all Federal agencies that provide assistance to United States manufacturers, including the following: (A) The Department of Commerce. (B) The Department of Defense. (C) The Department of Energy. (D) The Department of Labor. (E) The Department of the Treasury. (F) The Small Business Administration. (G) The Office of Management and Budget. (H) The Office of Science and Technology Policy. (I) The Office of the United States Trade Representative. (J) The National Science Foundation. (K) Such other Federal agencies as the President considers appropriate. (3) A survey of manufacturing goods produced in the United States and where such goods are produced. (4) The number of people in the United States employed by manufacturers operating in the United States. (5) An evaluation of the global competitiveness of United States manufacturing, including the following: (A) A comparison of the manufacturing policies and strategies of the United States with the policies and strategies of other countries, including the countries that are the top 5 trading partners of the United States. (B) A comparison of the productivity of each sector of the manufacturing industry in the United States with comparable sectors of manufacturing industries in other countries. (d) Recommendations.--The President shall include in the national manufacturing strategy required by subsection (a) recommendations for achieving the goals included in the strategy pursuant to subsection (b). Such recommendations may include proposals as follows: (1) Actions to be taken by the President, Congress, State, local, and territorial governments, the private sector, universities, industry associations, and other stakeholders. (2) Ways to improve Government policies, coordination among entities developing such policies, and Government interaction with the manufacturing sector, including interagency communications regarding the effects of proposed or active Government regulations or other executive actions on the United States manufacturing sector and its workforce. (3) How each Federal agency surveyed under subsection (c)(2) can best support the national manufacturing strategy required by subsection (a). (4) Adoption of strategies that have been implemented by other countries and proven successful. (e) Submittal of Strategy.--Not later than 180 days after the date of the enactment of this Act and each time the President revises under paragraph (2) of subsection (a) the strategy required by paragraph (1) of such subsection, the President shall submit to Congress such strategy.", "summary": "Rebuild American Manufacturing Act of 2013 - Directs the President to develop a comprehensive national manufacturing strategy. Requires to be included in such strategy: (1) short- and long-term goals for U.S. manufacturing, (2) a survey of all persons with headquarters in the United States that maintain manufacturing facilities outside the United States, (3) a survey of all federal agencies that provide assistance to U.S. manufacturers, (4) a survey of manufacturing goods produced in the United States and where such goods are produced, (5) the number of people in the United States employed by manufacturers operating in the United States, and (6) an evaluation of the global competitiveness of U.S. manufacturing. Directs the President to: (1) include in such strategy recommendations for achieving its goals, and (2) report to Congress on such strategy and any revisions thereto."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Syria Humanitarian Support and Democratic Transition Assistance Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In March 2011, peaceful demonstrations in Syria began against the authoritarian rule of Bashar al-Assad. The regime responded with terrible violence against the citizens of Syria, including the use of weapons of war, torture, extrajudicial killings, arbitrary executions, sexual violence, and interference with access to medical treatment. (2) In December 2011, the Government of Syria agreed to allow an Arab League observer group into the country to assess the humanitarian and political situation on the ground. However, on January 28, 2012, the League officially ended its observer mission, citing escalating violence and the intransigence of the Assad regime. (3) In February 2012, the group Friends of the Syrian People met in Tunis and issued a declaration demanding, among other things, that the Syrian regime ``allow free and unimpeded access by the UN and humanitarian agencies to carry out a full assessment of needs''. (4) On March 16, 2012, United Nations and League of Arab States Special Envoy Kofi Annan presented a six-point peace plan for Syria that called on the Government of Syria to, among other things-- (A) commit to stop the fighting and urgently achieve a United Nations-supervised cessation of violence; (B) cease military activity in and around civilian population centers; (C) work with the Envoy in an inclusive Syrian-led political process; (D) ensure timely provision of humanitarian assistance; (E) release arbitrarily detained persons; (F) ensure freedom of movement for journalists; and (G) respect the freedom of association and the right to demonstrate peacefully. (5) In March 2012, the United Nations Refugee Agency (UNHCR) appealed for $84,100,000 to assist approximately 30,000 Syrian refugees living outside the country. Panos Moumtzis was appointed Regional Refugee Coordinator for Syria by UNHCR, indicating the importance of responding to the growing needs of Syrian refugees. (6) In April 2012, the group Friends of the Syrian People met in Istanbul and committed to increase pressure on the Assad regime, provide greater humanitarian relief to people in need, and support the Syrian opposition as it works toward an inclusive democratic transition. (7) As of July 2012, the London-based Syrian Observatory for Human Rights estimated that more than 20,000 people have been killed as a result of the violence in Syria, while the United Nations has reportedly stopped keeping track of casualty numbers due to the difficulty in obtaining accurate information from inside Syria. (8) As a result of the violence, the United Nations estimates that 1,500,000 people are in need of humanitarian assistance, including access to food, water, shelter, and medical care. Basic services such as health care, education, and electricity have also been cut off in some parts of the country. (9) Syria faces growing food insecurity, as wheat harvests have declined due to drought. The United Nations expects aid agencies to provide food aid to 850,000 Syrians in July 2012, up from 500,000 the previous month. (10) Hundreds of thousands of Syrians have fled the country due to escalating violence. According to the United Nations, there are more than 100,000 Syrian refugees registered in Lebanon, Turkey, Jordan, and Iraq, and even more who are unregistered. According to the Syrian Arab Red Crescent, hundreds of thousands of Syrians are displaced within the country. More than three-quarters of refugees and internally displaced persons are women and children, who are particularly vulnerable to economic and physical insecurity. (11) In June 2012, UNHCR more than doubled its appeal for assistance for Syrian refugees to $193,000,000, reflecting the significant increase in the number of refugees in need of assistance. (12) The United Nations requested an additional $189,000,000 to meet humanitarian needs inside Syria. According to a United Nations spokesperson, only about 20 percent of these appeals have been funded. In July 2012, John Ging, Director of Operations for the United Nations Office for the Coordination of Humanitarian Affairs, said, ``If we don't get more money, people will die.'' (13) The United Nations Children's Fund (UNICEF) issued an urgent appeal for $20,000,000 to meet the emergency needs of children and young people who have fled the violence in Syria. UNICEF estimates that it will need to provide humanitarian support and basic services to approximately 90,000 Syrian children between July and December 2012. As of July 2012, UNICEF has received less than $6,000,000 to provide support and protection to the most vulnerable victims of the crisis in Syria. (14) An agreement between the United Nations and the Syrian regime to facilitate the delivery of humanitarian assistance in the country has allowed aid workers greater access to victims of the conflict. However, staff of the International Committee of the Red Cross and the Syrian Arab Red Crescent cite security concerns as a major obstacle to aid distribution. The Government of Syria is also refusing to grant visas for aid workers from countries that have criticized the regime, including the United States, Canada, the United Kingdom, and France. (15) In July 2012, Human Rights Watch reported widespread torture and mistreatment of political prisoners being held in detention facilities managed by intelligence agencies of the Government of Syria. The report cites overcrowding, denial of adequate food and medical assistance, and the routine use of a wide range of torture methods. The report also raised concerns that authorities in Syria could choose to kill detainees rather than allow them to be released in the event of a political transition. (16) As of July 2012, the United States Government has pledged $52,000,000 in humanitarian and non-lethal assistance to Syria. (17) According to the Unclassified Report to Congress on the Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Conventional Munitions Covering 1 January to 31 December 2011, ``Syria has had a [chemical weapons] program for many years and has a stockpile of CW agents, which can be delivered by aerial bombs, ballistic missiles, and artillery rockets.'' In a hearing before the Committee on Armed Services of the Senate in March 2012, Chairman of the Joint Chiefs of Staff General Martin Dempsey testified that the magnitude of Syria's chemical weapons arsenal was ``100 times more than we experienced in Libya''. The Government of Syria's stockpiles are thought to include mustard, sarin, and VX gases. (18) There are concerns about the existence of numerous rebel militias and their role in Syria during a post-transition period. On June 30, 2012, during an international meeting on Syria in Geneva, Special Envoy Kofi Annan said, ``A transition must be implemented in a climate of safety for all, stability and calm, including completion of withdrawals and the disarming, demobilization and reintegration of armed groups.'' SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to strongly condemn the ongoing violence and widespread human rights violations perpetrated against the Syrian people by the regime of President Bashar al-Assad; (2) to promote the protection of civilians and innocent victims of the conflict in Syria, particularly women and children who are displaced and vulnerable to physical exploitation; (3) to assist the people of Syria in meeting basic needs, including access to food, health care, shelter, and clean drinking water; (4) to support efforts of democratically oriented political opposition groups in Syria to agree upon a political transition plan that is inclusive and reflects the democratic aspirations of all minority ethnic groups in the country; (5) to work with the international community, including multilateral organizations and host countries, to support Syrian refugees living in Lebanon, Turkey, Jordan, and Iraq; (6) to support efforts to identify, recover, and dispose of chemical weapons and other conventional and unconventional weapons stockpiled in Syria; and (7) to help ensure that, once a stable transitional government is established in Syria, it is committed to multiparty democracy, open and transparent governance, respect for human rights and religious freedom, promoting peace and stability with its neighbors, enhancing the rule of law, and rehabilitating and reintegrating former combatants. SEC. 4. SPECIAL ENVOY FOR SYRIA. (a) Appointment of Special Envoy.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint a Special Envoy for Syria to coordinate United States engagement with the country and to ensure that the United States Government supports efforts to bring about a democratic transition in Syria. (b) Duties.--The Special Envoy for Syria should be given a clear mandate-- (1) to direct United States Government efforts to provide assistance to civilians and innocent victims of the conflict in Syria; (2) to provide detailed assessments of challenges and progress on the ground in Syria with regard to providing humanitarian relief, supporting an inclusive political transition, assisting internally displaced persons and refugees, reintegrating former combatants, and securing conventional and unconventional weapons; and (3) to pursue a peaceful, inclusive democratic future for Syria that protects the rights of all ethnic and religious minorities. (c) Staffing and Resources.--The Special Envoy for Syria should be provided with appropriate resources, including adequate staffing in the region and in Washington, District of Columbia. SEC. 5. BILATERAL ASSISTANCE TO SYRIA. (a) Authority.--The President should-- (1) provide enhanced support for humanitarian activities taking place in and outside Syria, including the provision of food, water, and medical supplies; (2) support efforts for a peaceful resolution of the conflict in Syria as well as the establishment of an inclusive representative form of government in Syria; (3) continue to encourage the participation of all groups, including women, business leaders, civil society organizations, traditional and religious leaders, and minority groups in efforts for a peaceful resolution of the conflict and political transition in Syria; (4) encourage the Arab League and other international bodies to insist that transitional and future governments are committed to multiparty democracy, open and transparent governance, respect for human rights and religious freedom, ending the violence throughout the country, promoting peace and stability with Syria's neighbors, enhancing the rule of law and combating corruption, and rehabilitating and reintegrating former combatants; (5) contribute to future capacity building for governing institutions after a political transition takes place in Syria; and (6) support post-transition efforts, including programs for demobilizing and reintegrating former combatants. (b) Funding.-- (1) Fiscal years 2013 and 2014.--Of the amounts made available to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for fiscal years 2013 and 2014, such sums as may be necessary should be allocated for bilateral assistance programs in Syria. (2) Future funding.--It is the sense of Congress that the Department of State should submit a budget request for fiscal year 2014 that contains an appropriate increase in bilateral and multilateral assistance for Syria based on progress by the Government of Syria toward accomplishing the policy objectives described in section 3. (3) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraphs (1) and (2)-- (A) are authorized to remain available until expended; and (B) are in addition to funds otherwise available for such purposes. (c) Coordination With Other Donor Nations.--The United States should work with other donor nations, on a bilateral and multilateral basis, to increase international contributions to the people of Syria and accomplish the policy objectives described in section 3. SEC. 6. INCREASING CONTRIBUTIONS AND OTHER HUMANITARIAN AND DEVELOPMENT ASSISTANCE THROUGH INTERNATIONAL ORGANIZATIONS. The President should instruct the United States permanent representative or executive director, as the case may be, to the United Nations voluntary agencies, including the World Food Program, the United Nations Development Program, and the United Nations High Commissioner for Refugees, and other appropriate international organizations to use the voice and vote of the United States to support additional humanitarian and development assistance for the people of Syria in order to accomplish the policy objectives described in section 3. SEC. 7. INCREASING BILATERAL ASSISTANCE TO COUNTRIES THAT HOST SYRIAN REFUGEES. (a) Authority.--The President should increase bilateral funding to countries, including Iraq, Jordan, Turkey, and Lebanon, that have experienced an influx of refugees from Syria. (b) Funding for Fiscal Years 2013 and 2014.--Of the amounts made available to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for fiscal years 2013 and 2014, such sums as may be necessary should be allocated for bilateral refugee assistance programs in the countries surrounding Syria. SEC. 8. COORDINATION OF INTERNATIONAL ASSISTANCE FOR SYRIA. (a) Establishment.--Not later than 30 days after the date of the enactment of this Act, the President shall instruct the Secretary of State to work with the appropriate United Nations agencies, regional organizations, nongovernmental organizations, and the broader international community to establish an international donors group to maximize resources and efficiently provide humanitarian assistance to the people of Syria. (b) Purpose.--The purpose of the donors group shall be to coordinate resources for the following activities in Syria and the region: (1) Providing humanitarian relief to civilians impacted by the violence in Syria and Syrian refugees in surrounding countries. (2) Supporting inclusive post-transitional governance and the establishment of the rule of law. (3) Supporting disarmament, demobilization, and reintegration of combatants and members of militias. (c) Annual Report.--The Department of State shall submit a report on the specific programs, projects, and activities carried out by the donors group during the preceding year, including an evaluation of the results of such programs, projects, and activities. SEC. 9. SECURING UNCONVENTIONAL WEAPONS IN SYRIA. (a) Transition Plan.--The United States should work with regional partners to develop a plan, to be implemented in the event of a political transition, to-- (1) identify and secure conventional and unconventional weapons stockpiles in Syria; (2) recover and dispose of all unconventional weapons stockpiled in Syria, with particular attention to chemical weapons; and (3) prevent the illicit sale or transfer of conventional and unconventional weapons out of Syria in order to preclude regional weapons proliferation. (b) Sense of Congress.--It is the sense of Congress that the Department of State should submit a budget request for fiscal year 2014 that contains an increase in bilateral nonproliferation, demining, and anti-terrorism assistance for Syria toward accomplishing the policy objectives described in this section. SEC. 10. REPORT ON HUMANITARIAN AND STABILIZATION EFFORTS IN SYRIA. Not later than 60 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a detailed report on the implementation of this Act, including a description of-- (1) progress made as a result of humanitarian and stabilization efforts, including refugee assistance in Syria; (2) progress made toward establishing an inclusive, democratic government that protects the rights of all Syrians; and (3) key challenges, gaps, and obstacles to further enhancing stability and peace in Syria, including between Syria and its neighbors.", "summary": "Syria Humanitarian Support and Democratic Transition Assistance Act of 2012 - Directs the President to appoint a Special Envoy for Syria to coordinate U.S. engagement with the country and to ensure U.S. support for efforts to bring about a democratic transition in Syria. Urges the President to: (1) support humanitarian activities taking place in and outside Syria, (2) support efforts for a peaceful resolution of the conflict in Syria, and (3) contribute to future capacity building for governing institutions after a political transition takes place in Syria. Urges: (1) the allocation of funding for bilateral assistance programs in Syria; and (2) the United States to work with other donor nations to increase international contributions for the people of Syria; (3) the President to increase bilateral funding to countries, including Iraq, Jordan, Turkey, and Lebanon, that have experienced an influx of Syrian refugees; and (4) the United States to work with regional partners to secure conventional and unconventional weapons stockpiles in Syria and prevent their illicit sale or transfer out of Syria. Directs the President to instruct the Secretary of State to work with the appropriate United Nations (U.N.) agencies, regional organizations, nongovernmental organizations, and the broader international community to establish an international donors group to provide humanitarian assistance for the people of Syria."}
{"article": "SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Higher Education Fairness Act of 1997''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. FAMILY CONTRIBUTION FOR DEPENDENT STUDENTS. (a) Parents' Available Income.--Section 475(c)(1) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) the amount of any tax credit taken by the parents under section 25A of the Internal Revenue Code of 1986.''. (b) Student Contribution From Available Income.--Section 475(g)(2) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking ``$1,750'' in subparagraph (D) and inserting ``$2,250 (or a successor amount prescribed by the Secretary under section 478)''; (3) by striking the period at the end of subparagraph (D); and (4) by inserting after subparagraph (D) the following new subparagraph: ``(E) the amount of any tax credit taken by the student under section 25A of the Internal Revenue Code of 1986.''. SEC. 3. FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITHOUT DEPENDENTS OTHER THAN A SPOUSE. (a) Family's Contribution From Available Income.--Section 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A)) is amended-- (1) by striking ``and'' at the end of clause (iv); and (2) by inserting after clause (v) the following new clause: ``(vi) the amount of any tax credit taken under section 25A of the Internal Revenue Code of 1986; and''. (b) Income Protection Allowances.--Section 476(b)(1)(A)(iv) is amended-- (1) by striking ``allowance of--'' and inserting ``allowance of the following amount (or a successor amount prescribed by the Secretary under section 478):''; (2) by striking ``$3,000'' each place it appears in subclauses (I) and (II) and inserting ``$5,500''; and (3) by striking ``$6,000'' in subclause (III) and inserting ``$8,500''. SEC. 4. FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITH DEPENDENTS OTHER THAN A SPOUSE. Section 477(b)(1) (20 U.S.C. 1087qq(b)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) the amount of any tax credit taken under section 25A of the Internal Revenue Code of 1986.''. SEC. 5. REGULATIONS; UPDATED TABLES AND AMOUNTS. Section 478(b) (20 U.S.C. 1087rr(b)) is amended-- (1) by striking ``For each academic year'' and inserting the following: ``(1) Revised tables.--For each academic year''; and (2) by adding at the end the following new paragraph: ``(2) Revised amounts.--For each academic year after academic year 1997-1998, the Secretary shall publish in the Federal Register revised income protection allowances for the purpose of sections 475(g)(2)(D) and 476(b)(1)(A)(iv). Such revised allowances shall be developed by increasing each of the dollar amounts contained in such section by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) between December 1996 and the December next preceding the beginning of such academic year, and rounding the result to the nearest $10.''. SEC. 6. DEFINITIONS. (a) Total Income.--Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is amended-- (1) by striking ``individual, and'' and inserting ``individual,''; and (2) by inserting ``, and no portion of any tax credit taken under section 25A of the Internal Revenue Code of 1986'' before ``shall be included''. (b) Excludable Income.--Section 480(e) is amended (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding after paragraph (4) the following new paragraph: ``(5) any tax credit taken under section 25A of the Internal Revenue Code of 1986.''. (c) Other Financial Assistance.--Section 480(j) is amended by adding at the end the following new paragraph: ``(4) Notwithstanding paragraph (1), a tax credit taken under section 25A of the Internal Revenue Code of 1986 shall not be treated as estimated financial assistance for purposes of section 471(3).''.", "summary": "Higher Education Fairness Act of 1997 - Amends the Higher Education Act of 1965 to revise certain need analysis formulas for student assistance. Requires deduction of the amount of the new Hope Scholarship and Lifetime Learning education expense tax credits taken under the Internal Revenue Code, as amended by the Taxpayer Relief Act of 1997 (Public Law 105-34), in calculating family available income for determination of expected family contribution (for all dependent and all independent students). (Defines such tax credits as excludable income, not to be treated as estimated financial assistance, for student assistance calculation purposes.) Increases the amounts of income protection allowances for dependent students and for independent students without dependents other than a spouse."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Volunteer Service Reserve Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The changing threats and issues that face the Nation require a new and innovative approach to mobilizing the citizenry in times of need. (2) The Civilian Volunteer Service Reserve program offers a flexible approach to the needs of specific crises, such as natural disasters, incidents of terrorism, or other emergencies at home or abroad. (3) Citizenship entails responsibilities as well as rights. The Civilian Volunteer Service Reserve program will challenge all Americans to sacrifice for their country. (4) The Civilian Volunteer Service Reserve program will make it possible to draw on the vast array of skills and the ingenuity of ordinary Americans in times of need. SEC. 3. ESTABLISHMENT. The Secretary of Homeland Security shall establish the Civilian Volunteer Service Reserve (referred to in this Act as the ``Civilian Reserve''), a national volunteer service corps ready for service in response to domestic or international emergencies, or other circumstances determined by the President pursuant to section 6. SEC. 4. GENERAL AUTHORITY. The Secretary of Homeland Security shall appoint a Director and such other officers as the Secretary considers appropriate to organize and administer the Civilian Reserve program consistent with the provisions of this Act. The Secretary is authorized to promulgate regulations necessary to carry out this Act. SEC. 5. ELIGIBILITY, COMMITMENT, AND REGISTRATION. (a) Eligibility.--All citizens and legal residents of the United States over the age of 18 shall be eligible to serve in the Civilian Reserve. (b) Commitment.--Individuals who volunteer with the Civilian Reserve shall be enrolled for a 5-year period, and shall be expected during such period to serve in full-time active duty status for a total period of 6 months, when called to such service under section 6. There shall be no limit to the number of 5-year periods of service that an individual may register to serve. (c) Registration.--Registration for the Civilian Reserve shall be administered in a manner determined by the Secretary of Homeland Security. At minimum, such registration shall include-- (1) the applicant's name, address, telephone number, Social Security number, and E-mail address; (2) the applicant's occupation, areas of study, and skills; and (3) the applicant's preference for local, national, or international service. SEC. 6. MOBILIZATION. (a) Mobilization.-- (1) In general.--The President shall have the authority to issue a voluntary call to action by issuing an executive order to mobilize certain members of the Civilian Reserve to full- time active duty status for a period not exceeding 6 months, in order to meet the pressing needs of the Nation in times of emergency, as determined by the President in consultation with the Secretary of Homeland Security. (2) Considerations.--In selecting members of the Civilian Reserve to call to action pursuant to paragraph (1), the President shall consider the relevant skills required by the emergency, the geographic location of the volunteers, and the logistics of such a mobilization. (3) Methodology of call to action.--To the extent practicable, for a voluntary call to action issued under paragraph (1), members of the Civilian Reserve shall be contacted via telephone, E-mail, and mail service. (b) Voluntary Acceptance of Call to Action.--Members of the Civilian Reserve may choose to accept a call to action issued pursuant to subsection (a)(1) and enter full-time active duty status for the period specified in such call to action, not exceeding 6 months. Members of the Civilian Reserve may also decline such a call to action, so long as such members remain committed to serving in full-time active duty status for some period or periods, not to exceed a total of 6 months, during their 5-year enrollment. (c) Mandatory Service.--The President may, under extreme circumstances, issue a mandatory mobilization of members of the Civilian Reserve, requiring such members to begin full-time active duty service for a period not exceeding 6 months. Such mobilization may apply to any members of the Civilian Reserve notwithstanding whether such members have fulfilled their expected 6-month period of service described in section 5(b) prior to such mandatory mobilization. Exemptions from such mandatory service shall be made for hardship due to family or other circumstances, upon appeal by an individual member of the Civilian Reserve. SEC. 7. FULL-TIME ACTIVE DUTY SERVICE AND BENEFITS. (a) In General.--Members of the Civilian Reserve serving in full- time active duty status shall work side-by-side with officers and agencies of the Federal, State, and local governments, non-profit and non-governmental organizations, supplementing but not supplanting existing systems for responding to emergencies and other pressing needs. (b) Transportation and Accommodations.--The Civilian Reserve program shall provide members serving in full-time active duty status with any necessary transportation and accommodations in order to facilitate such service. (c) Stipend.--Members of the Civilian Reserve serving in full-time active duty status shall receive a stipend in order to pay for necessary cost of living expenses, for such period of full-time active duty status. The amount of the stipend shall be determined by the Secretary of Homeland Security. (d) Health Insurance.--Members of the Civilian Reserve serving in full-time active duty status shall be eligible for health insurance under a program to be established, by regulation, by the Secretary of Homeland Security. (e) Reemployment Protection.--The Secretary of Homeland Security shall promulgate regulations to provide reemployment protection and other benefits for members of the Civilian Reserve who complete a period of full-time active duty service. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary for fiscal years 2005 through 2009 to carry out this Act.", "summary": "Civilian Volunteer Service Reserve Act - Requires the Secretary of Homeland Security to establish the Civilian Volunteer Service Reserve to respond to domestic or international emergencies or other circumstances determined by the President. Permits a U.S. citizen or legal resident over the age of 18 to enroll for a five-year commitment in the Reserve during which he or she shall be expected to serve in a full-time active duty status for 6 months. Authorizes the President to issue a voluntary call of action as an executive order to mobilize members of the Civilian Reserve to active duty status in times of emergency. Allows members of the Civilian Reserve to accept or decline a call to action except under extreme circumstances that require mandatory mobilization. Prescribes benefits and reemployment protection for members serving in full-time active duty status."}
{"article": "SECTION 1. GRANT OF FEDERAL CHARTER TO AMERICAN MILITARY RETIREES ASSOCIATION. (a) Grant of Charter.--Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1403 the following new chapter: ``CHAPTER 1404--AMERICAN MILITARY RETIREES ASSOCIATION ``Sec. ``140401. Organization. ``140402. Purposes. ``140403. Membership. ``140404. Governing body. ``140405. Powers. ``140406. Restrictions. ``140407. Tax-exempt status required as condition of charter. ``140408. Records and inspection. ``140409. Service of process. ``140410. Liability for acts of officers and agents. ``140411. Annual report. ``140412. Definition. ``Sec. 140401. Organization ``(a) Federal Charter.--American Military Retirees Association (in this chapter, the `corporation'), a nonprofit organization that meets the requirements for a veterans service organization under section 501(c)(19) of the Internal Revenue Code of 1986 and is organized under the laws of the State of New York, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with the provisions of this chapter, the charter granted by subsection (a) shall expire. ``Sec. 140402. Purposes ``(a) General.--The purposes of the corporation are as provided in its bylaws and articles of incorporation and include-- ``(1) encouraging military retirees to band together to protect earned benefits by educating on benefits available; and ``(2) advocating for the protection of earned benefits through active monitoring of legislation in Congress and the policies and proposals of the Department of Defense and the Department of Veterans Affairs. ``Sec. 140403. Membership ``Eligibility for membership in the corporation, and the rights and privileges of members of the corporation, are as provided in the bylaws of the corporation. ``Sec. 140404. Governing body ``(a) Board of Directors.--The composition of the board of directors of the corporation, and the responsibilities of the board, are as provided in the articles of incorporation and bylaws of the corporation. ``(b) Officers.--The positions of officers of the corporation, and the election of the officers, are as provided in the articles of incorporation and bylaws. ``Sec. 140405. Powers ``The corporation has only those powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 140406. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member of the corporation during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make a loan to a director, officer, employee, or member of the corporation. ``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``(e) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of the Commonwealth of Virginia. ``Sec. 140407. Tax-exempt status required as condition of charter ``If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate. ``Sec. 140408. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of the members, board of directors, and committees of the corporation having any of the authority of the board of directors of the corporation; and ``(3) at the principal office of the corporation, a record of the names and addresses of the members of the corporation entitled to vote on matters relating to the corporation. ``(b) Inspection.--A member entitled to vote on any matter relating to the corporation, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose at any reasonable time. ``Sec. 140409. Service of process ``The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. ``Sec. 140410. Liability for acts of officers and agents ``The corporation is liable for any act of any officer or agent of the corporation acting within the scope of the authority of the corporation. ``Sec. 140411. Annual report ``The corporation shall submit to Congress an annual report on the activities of the corporation during the preceding fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101(b) of this title. The report may not be printed as a public document. ``Sec. 140412. Definition ``In this chapter, the term `State' includes the District of Columbia and the territories and possessions of the United States.''. (b) Clerical Amendment.--The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1403 the following new item: ``1404. American Military Retirees Association..... 140401''.", "summary": "Grants a federal charter to the American Military Retirees Association."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Independent Film and Television Production Incentive Act of 2003''. SEC. 2. TAX INCENTIVES FOR QUALIFIED UNITED STATES INDEPENDENT FILM AND TELEVISION PRODUCTION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. UNITED STATES INDEPENDENT FILM AND TELEVISION PRODUCTION WAGE CREDIT. ``(a) Amount of Credit.--For purposes of section 38, the United States independent film and television production wage credit determined under this section with respect to any eligible taxpayer for any taxable year is an amount equal to 25 percent of the qualified wages paid or incurred per qualified United States independent film and television production during such taxable year. ``(b) Only First $25,000 of Wages per Production Taken Into Account.--With respect to each qualified United States independent film and television production, the amount of qualified wages paid or incurred to each qualified employee or personal service corporation which may be taken into account per such production shall not exceed $25,000. ``(c) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any taxpayer substantially all of the total gross income of which for the taxable year is derived from the active conduct of qualified United States independent film and television productions. ``(d) Qualified Wages.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means-- ``(A) any wages paid or incurred by an employer for services performed in the United States by an employee while such employee is a qualified employee, ``(B) the employee fringe benefit expenses of the employer allocable to such services performed by such employee, ``(C) any payments made to personal service corporations as defined in section 269A(b)(1) for services performed in the United States, and ``(D) remuneration, other than wages, for services personally rendered in the United States. ``(2) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, any individual who renders personal services if substantially all of such services are performed during such period in an activity related to any qualified United States independent film and television production. ``(B) Certain individuals not eligible.--Such term shall not include-- ``(i) any individual described in subparagraph (A), (B), or (C) of section 51(i)(1), and ``(ii) any 5-percent owner (as defined in section 416(i)(1)(B)). ``(3) Coordination with other wage credits.--No credit shall be allowed under any other provision of this chapter for wages paid to any employee during any taxable year if the employer is allowed a credit under this section for any of such wages. ``(4) Wages.--The term `wages' has the same meaning as when used in section 51. ``(5) Employee fringe benefit expenses.--The term `employee fringe benefit expenses' means the amount allowable as a deduction under this chapter to the employer for any taxable year with respect to-- ``(A) employer contributions under stock bonus, pension, profit-sharing, or annuity plan, ``(B) employer-provided coverage under any accident or health plan for employees, and ``(C) the cost of life or disability insurance provided to employees. Any amount treated as wages under paragraph (1)(A) shall not be taken into account under this subparagraph. ``(e) Qualified United States Independent Film and Television Production.--For purposes of this section-- ``(1) In general.--The term `qualified United States independent film and television production' means any production described in paragraph (2) if-- ``(A) 75 percent of the total wages of the production are qualified wages, ``(B) the production is created primarily for use as public entertainment or for educational purposes, and ``(C) the total cost of the production which is taken into account for purposes of depreciation under section 167(g) is more than $200,000 but less than $7,500,000. ``(2) Production.-- ``(A) In general.--A production is described in this paragraph if such production is-- ``(i) any motion picture (whether released theatrically, for television or cable programming, or directly to video cassette or disc or any other format), ``(ii) any television or cable-- ``(I) mini series, ``(II) season of an episodic television series, ``(III) movie of the week, or ``(IV) single program not described in any preceding subclause, or ``(iii) any pilot production for any of the productions described in clause (i) or (ii). ``(B) Exception.--A production is not described in this paragraph if records are required under section 2257 of title 18, United States Code, to be maintained with respect to any performer in such production (reporting of books, films, etc. with sexually explicit conduct). ``(3) Public entertainment.--The term `public entertainment' includes a motion picture film, video tape, or television program intended for initial broadcast via the public broadcast spectrum or delivered via cable distribution, or productions that are submitted to a national organization in existence on July 27, 2001, that rates films for violent or adult content. Such term does not include any film or tape the market for which is primarily topical, is otherwise essentially transitory in nature, or is produced for private noncommercial use. ``(f) Controlled Groups.--For purposes of this section-- ``(1) all employers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single employer for purposes of this subpart, and ``(2) the credit (if any) determined under this section with respect to each such employer shall be its proportionate share of the wages giving rise to such credit. ``(g) Application of Certain Other Rules.--For purposes of this section, rules similar to the rules of section 51(k) and subsections (c) and (d) of section 52 shall apply. ``(h) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Manner of making election.--An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary may by regulations prescribe.''. (b) Credit Treated as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the United States independent film and television production wage credit determined under section 45G(a).''. (c) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the United States independent film and television production wage credit determined under section 45G may be carried back to a taxable year ending before January 1, 2004.''. (d) Denial of Double Benefit.--Subsection (a) of section 280C of the Internal Revenue Code of 1986 (relating to certain expenses for which credits are available) is amended by inserting ``45G(a),'' after ``45A(a),''. (e) Conforming Amendments.-- (1) Section 6501(m) of the Internal Revenue Code of 1986 is amended by inserting ``45G(h),'' after ``45C(d)(4),''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45G. United States independent film and television production wage credit.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years ending after December 31, 2003.", "summary": "United States Independent Film and Television Production Incentive Act of 2003 - Amends the Internal Revenue Code to establish an annual tax credit for 25 percent of up to the first $25,000 of qualified wages paid or incurred per qualified U.S. independent film and television production."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Border Security Assistance Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The United States and Mexico have recently experienced a significant increase in violence along the international border between the 2 countries. (2) The international border between the United States and Mexico is being used as a gateway for drug cartels and criminal enterprises that are illegally trafficking guns, people, and drugs. (3) The partnership between the United States and Mexican governments is critical-- (A) to address recent border violence; and (B) to ensure the continued flow of legitimate cross-border commerce, traffic and trade. (4) The national security of the United States is paramount. (5) While it is the job of the Federal Government to protect national security by securing our Nation's borders, State, local, and tribal law enforcement entities also provide the first line of defense on the border and are critical first responders to national security or public safety threats. (b) Sense of Congress.--It is the sense of Congress that-- (1) providing financial assistance for law enforcement initiatives with our Mexican partners is important; and (2) in addition to such assistance, Congress must provide immediate resources and equipment to State and local law enforcement entities that are currently responding to border violence and criminal activities on a daily basis. SEC. 3. DEFINITIONS. In this Act: (1) Law enforcement entity.--The term ``law enforcement entity'' means an entity that-- (A) is a State, county, or city agency, a State or local police or sheriff department or association, or a subdivision thereof; (B) operates within 100 miles of the international border between the United States and Mexico; and (C) employs personnel on a full- or part-time basis to engage in the prevention, detection, or investigation of violations of the criminal laws of the United States. (2) Southern border region.--The term ``Southern Border Region'' refers to counties that are located-- (A) within 100 miles of the international border between the United States and Mexico; and (B) in the States of Arizona, California, New Mexico, and Texas. SEC. 4. BORDER SECURITY ASSISTANCE GRANTS. (a) Authority.-- (1) In general.--The Secretary of Homeland Security, in consultation with State and local law enforcement entities, is authorized to award border security assistance grants to law enforcement entities located in the Southern Border Region for the purposes described in subsection (b). (2) Priority.--In awarding grants under this section, the Secretary shall give priority to law enforcement agencies located in a county that is located within 25 miles of the international border between United States and Mexico. (b) Purposes.--To address drug trafficking, smuggling, and border violence, a grant awarded under subsection (a) shall be used-- (1) to obtain law enforcement equipment and tools, including secure 2-way communication devices, portable laptops and office computers, license plate readers, unmanned aerial vehicles, unmanned aircraft systems (UAS), manned aircraft, cameras with night viewing capabilities, and any other appropriate law enforcement equipment; (2) to hire additional personnel, including administrative support personnel, dispatchers, and jailers, and to provide overtime funding for such personnel; (3) to purchase law enforcement vehicles; (4) to provide for high performance aircrafts and helicopters for border surveillance and other critical mission applications and operational and maintenance costs associated with such craft; (5) to provide for critical power generation systems, infrastructure, and technological upgrades to support State and local data management systems and fusion centers; or (6) to provide for specialized training and for direct operating expenses associated with detecting and prosecuting drug trafficking, human smuggling, and other illegal activity or violence that occurs at or near the international border between the United States and Mexico. (c) Application.-- (1) Requirement.--A law enforcement entity seeking a grant under subsection (a), or a nonprofit organization or coalition acting as an agent for 1 or more such law enforcement entities, shall submit an application to the Secretary that includes the information described in paragraph (2) at such time and in such manner as the Secretary may require. (2) Content.--An application submitted under paragraph (1) shall include-- (A) a description of the activities to be carried out with a grant awarded under subsection (a); (B) if equipment will be purchased with the grant, a detailed description of the type and quantity of such equipment and of the personnel who will receive such equipment; (C) a description of the need of the law enforcement entity for the grant, including a description of the inability of the entity to carry out the proposed activities without the grant; and (D) an assurance that the entity will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in the entity's law enforcement positions. (d) Review and Award.-- (1) Review.--Not later than 90 days after the date an application submitted under subsection (c) is received by the Secretary, the Secretary shall review and approve or reject the application. (2) Award of funds.--Subject to the availability of appropriations, not later than 45 days after the date an application is approved under paragraph (1), the Secretary shall provide the grant funds to the applicant. (3) Priority.--In distributing grant funds under this subsection, priority shall be given to high-intensity areas for drug trafficking, smuggling, and border violence. SEC. 5. ADDITIONAL DISTRICT JUDGES FOR BORDER STATES. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 4 additional district judges for the district of Arizona; (2) 4 additional district judges for the central district of California; (3) 4 additional district judges for the eastern district of California; (4) 2 additional district judges for the northern district of California; (5) 1 additional district judge for the district of New Mexico; (6) 1 additional district judge for the eastern district of Texas; (7) 2 additional district judges for the southern district of Texas; and (8) 1 additional district judge for the western district of Texas. (b) Temporary Judgeships.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 1 additional district judge for the district of Arizona; (2) 1 additional district judge for the central district of California; (3) 1 additional district judge for the northern district of California; and (4) 1 additional district judge for the district of New Mexico. (c) Vacancies.--For each of the judicial districts named in subsection (b), the first vacancy arising on the district court at least 10 years after a judge is first confirmed to fill the temporary district judgeship created in that district pursuant to subsection (b) shall not be filled. (d) Existing Judgeships.--The existing judgeships for the district of Arizona and the district of New Mexico authorized under section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273, 116 Stat. 1758), as of the effective date of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code. (e) Conforming Amendments.--The table contained in section 133(a) of title 28, United States Code, is amended-- (1) in the item relating to the district of Arizona, by striking ``12'' and inserting ``17''; (2) in the item relating to the central district of California, by striking ``27'' and inserting ``31''; (3) in the item relating to the eastern district of California, by striking ``6'' and inserting ``10''; (4) in the item relating to the northern district of California, by striking ``14'' and inserting ``16''; (5) in the item relating to the district of New Mexico, by striking ``6'' and inserting ``8''; (6) in the item relating to the eastern district of Texas, by striking ``7'' and inserting ``8''; (7) in the item relating to the southern district of Texas, by striking ``19'' and inserting ``21''; and (8) in the item relating to the western district of Texas, by striking ``13'' and inserting ``14''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Grant Funding.--There is authorized to be appropriated $300,000,000 for the 2-year period ending on September 30, 2012, for grants issued under section 4. (b) Judicial Funding.--There are authorized to be appropriated to the Attorney General for each of the fiscal years 2011 through 2013 such sums as may be necessary to carry out section 5, including the hiring of necessary attorney and administrative support staff.", "summary": "Southern Border Security Assistance Act - Expresses the sense of Congress that: (1) providing financial assistance for law enforcement initiatives with our Mexican partners is important; and (2) Congress must provide, in addition to such assistance, immediate resources and equipment to state and local law enforcement entities that are currently responding to border violence and criminal activities on a daily basis. Authorizes the Secretary of Homeland Security (DHS) to award border security assistance grants to law enforcement entities located in the Southern Border Region to address drug trafficking, smuggling, and border violence. Directs the President to appoint additional district judges for Arizona, California, New Mexico, and Texas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosthetic and Custom Orthotic Parity Act of 2009''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) There are more than 1,800,000 people in the United States living with limb loss. (2) Every year, there are more than 130,000 people in the United States who undergo amputation. (3) In addition, United States military personnel serving in Iraq and Afghanistan and around the world have sustained traumatic injuries resulting in amputation. (4) The number of amputations in the United States is projected to increase in the years ahead due to rising incidence of diabetes and other chronic illness. (5) Those suffering from limb loss can and want to regain their lives as productive members of society. (6) Prosthetic devices enable amputees to continue working and living productive lives. (7) Insurance companies have begun to limit reimbursement of prosthetic equipment costs at unrealistic levels or not at all and often restrict coverage over a person's lifetime, which shifts costs onto the Medicare and Medicaid programs. (8) Eleven States have addressed this problem and have enacted prosthetic parity legislation. (9) Prosthetic parity legislation has been introduced and is being actively considered in 30 States. (10) The States in which prosthetic parity laws have been enacted have found there to be minimal or no increases in insurance premiums and have reduced Medicare and Medicaid costs. (11) Prosthetic parity legislation will not add to the size of government or to the costs associated with the Medicare or Medicaid programs. (12) If coverage for prosthetic devices and components are offered by a group health insurance policy, then providing such coverage of prosthetic devices on par with other medical and surgical benefits will not increase the incidence of amputations or the number of individuals for which a prosthetic device would be medically necessary and appropriate. (13) In States where prosthetic parity legislation has been enacted, amputees are able to return to a productive life, State funds have been saved, and the health insurance industry has continued to prosper. (14) Prosthetic services allow people to return more quickly to their preexisting work. (15) Spina bifida occurs in 7 out of every 10,000 live births in the United States. (16) For children with spina bifida, access to a custom orthotic device impacts both their short and long term mobility, their muscle strength, and overall quality of life. As they mature, the orthotic device allows them to maintain their maximum level of functionality. This has a profound impact on their ability to become and remain independent and productive members of the community. (17) Cerebral palsy is one of the most common congenital (existing before birth or at birth) disorders of childhood. About 10,000 babies per year in the United States will develop cerebral palsy. (18) The purpose of a custom orthotic device for people with cerebral palsy is to protect, such as stabilizing a fracture during healing; to prevent deformity, such as stretching braces worn while the person sleeps, to help prevent muscle contractures; and to improve function. This can help kids with cerebral palsy achieve maximum potential in growth and development. (19) If coverage for prosthetic and custom orthotic devices and related services is offered to individuals by a group health insurance policy, then providing such coverage of prosthetic and orthotic devices on par with other medical and surgical benefits will not increase the incidence of amputations or the number of individuals for which a prosthetic or custom orthotic device would be medically necessary and appropriate. (b) Purpose.--The purpose of this Act is to require that each group health plan that provides both coverage for prosthetic devices and components and medical and surgical benefits, provide such coverage under terms and conditions that are no less favorable than the terms and conditions under which such benefits are provided under such plan. SEC. 3. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY UNDER ERISA. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by inserting after section 713 (29 U.S.C. 1185b) the following new section: ``SEC. 715. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and benefits for prosthetic devices and components and orthotic devices (as defined under subsection (d)(1))-- ``(1) such benefits for prosthetic devices and components and custom orthotic devices and related services under the plan (or coverage) shall be provided under terms and conditions that are no less favorable than the terms and conditions applicable to substantially all medical and surgical benefits provided under the plan (or coverage); ``(2) such benefits for prosthetic devices and components and custom orthotic devices and related services under the plan (or coverage) may not be subject to separate financial requirements (as defined in subsection (d)(2)) that are applicable only with respect to such benefits, and any financial requirements applicable to such benefits may be no more restrictive than the financial requirements applicable to substantially all medical and surgical benefits provided under the plan (or coverage); and ``(3) any treatment limitations (as defined in subsection (d)(3)) applicable to such benefits for prosthetic devices and components and custom orthotic devices and related services under the plan (or coverage) may not be more restrictive than the treatment limitations applicable to substantially all medical and surgical benefits provided under the plan (or coverage). ``(b) In-Network and Out-of-Network Standards.-- ``(1) In general.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and benefits for prosthetic devices and components and custom orthotic devices and related services, and that provides both in-network benefits for prosthetic devices and components and out-of-network benefits for prosthetic devices and components, the requirements of this section shall apply separately with respect to benefits provided under the plan (or coverage) on an in-network basis and benefits provided under the plan (or coverage) on an out-of-network basis. ``(2) Clarification.--Nothing in paragraph (1) shall be construed as requiring that a group health plan (or health insurance coverage offered in connection with such a plan) eliminate an out-of-network provider option from such plan (or coverage) pursuant to the terms of the plan (or coverage). ``(c) Additional Requirements.-- ``(1) Prior authorization.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that requires, as a condition of coverage or payment for prosthetic devices and custom orthotic devices and related services under the plan (or coverage), prior authorization, such prior authorization must be required in the same manner as prior authorization is required by the plan (or coverage) as a condition of coverage or payment for all similar benefits provided under the plan (or coverage). ``(2) Limitation on mandated benefits.--Required benefits for prosthetic devices and custom orthotic devices and related services under this section are limited to the most appropriate model that adequately meets the medical requirements of the patient, as determined by the treating physician of the patient. ``(3) Coverage for repair or replacement.--Benefits for prosthetic devices and custom orthotic devices and related services required under this section shall include coverage for repair or replacement of prosthetic devices and components, if the repair or replacement is determined appropriate by the treating physician of the patient involved. ``(4) Annual or lifetime dollar limitations.--A group health plan (or health insurance coverage offered in connection with such a plan) may not impose any annual or lifetime dollar limitation on benefits for prosthetic devices and custom orthotic devices and related services unless such limitation applies in the aggregate to all medical and surgical benefits provided under the plan (or coverage) and benefits for prosthetic devices and components. ``(d) Definitions.--For the purposes of this section: ``(1) Prosthetic devices and components.--The term `prosthetic devices and components' means such devices and components which may be used to replace, in whole or in part, an arm or leg, as well as the services required to do so, and includes external breast prostheses incident to mastectomy resulting from breast cancer. ``(2) Custom orthotic devices and related services.--The term `custom orthotic devices and related services' means the following: ``(A) Custom-fabricated orthotics and related services, which include custom-fabricated devices that are individually made for a specific patient, as well as all services and supplies medically necessary for the effective use of the orthotic device, including formulating its design, fabrication, material and component selection, measurements, fittings, and static and dynamic alignments, and instructing the patient in the use of the device. No other patient would be able to use this item. A custom fabricated item is a device which is fabricated based on clinically derived and rectified castings, tracings, measurements, and/or other images (such as x-rays) of the body part. The fabrication may involve using calculations, templates and components. This process requires the use of basic materials including, but not limited to plastic, metal, leather or cloth in the form of uncut or unshaped sheets, bars, or other basic forms and involves substantial work such as vacuum forming, cutting, bending, molding, sewing, drilling and finishing prior to fitting on the patient. Custom-fabricated devices may be furnished only by an appropriately credentialed (certified or licensed) practitioner or accredited supplier in orthotics and/or prosthetics. These devices and services are represented by the existing set of L- codes describing this care currently listed in Centers for Medicare and Medicaid Services Transmittal 656. ``(B) Custom-fitted high orthotics and related services, which include prefabricated devices that are manufactured with no specific patient in mind, but that are appropriately sized, adapted, modified, and configured (with the required tools and equipment) to a specific patient in accordance with a prescription, and which no other patient would be able to use, as well as all services and supplies medically necessary for the effective use of the orthotic device, including formulating its design, fabrication, material and component selection, measurements, fittings, and static and dynamic alignments, and instructing the patient in the use of the device. Custom-fitted high devices may be furnished only by an appropriately credentialed (certified or licensed) practitioner or accredited supplier in orthotics and/or prosthetics. These devices and services are represented by the existing set of L- codes describing this care currently listed in Centers for Medicare and Medicaid Services Transmittal 656. ``(3) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant or beneficiary with respect to benefits under the plan or health insurance coverage and also includes the application of annual and lifetime limits. ``(4) Treatment limitations.--The term `treatment limitations' includes limits on the frequency of treatment, number of visits, days of coverage, or other similar limits on the scope or duration of treatment.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 715. Prosthetics and custom orthotic device parity.''. (c) Effective Date.--The amendments made by this section shall apply with respect to group health plans (and health insurance coverage offered in connection with group health plans) for plan years beginning on or after the date of the enactment of this Act. SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES. (a) Assistance to Plan Participants and Beneficiaries.--The Secretary of Labor shall provide for assistance to participants and beneficiaries under such plans with any questions or problems regarding compliance with the requirements of this section. (b) Audits.--The Secretary of Labor shall provide for the conduct of random audits of group health plans (and health insurance coverage offered in connection with such plans) to ensure that such plans are in compliance with section 715 of the Employee Retirement Income Security Act of 1974, as added by section 3. (c) GAO Study.-- (1) Study.--The Comptroller General of the United States shall conduct a study that evaluates the effect of the implementation of the amendments made by this Act on the cost of health insurance coverage, on access to health insurance coverage (including the availability of in-network providers), on the quality of health care, on benefits and coverage for prosthetic devices and components, on any additional cost or savings to group health plans, on State prosthetic devices and components benefit mandate laws, on the business community and the Federal Government, and on other issues as determined appropriate by the Comptroller General. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit to the appropriate committees of Congress a report containing the results of the study conducted under paragraph (1). (d) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall promulgate final regulations to carry out this Act and the amendments made by this Act.", "summary": "Prosthetic and Custom Orthotic Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan that provides medical and surgical benefits as well as benefits for prosthetic devices and components and orthotic devices to offer such prosthetic and orthotic coverage in the same manner as applicable to medical and surgical benefits. Prohibits separate financial requirements or more restrictive treatment limitations. Limits required benefits for prosthetic devices and custom orthotic devices and related services to the most appropriate model that adequately meets the medical requirements of the patient. Requires benefits to include repairs and replacements as determined appropriate by the treating physician. Prohibits any annual or lifetime dollar limitation on benefits for prosthetic devices and custom orthotic devices and related services unless such limitation applies in the aggregate to all benefits."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``High Performance Schools Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) American K-12 schools spend over $6 billion annually on energy costs, which is more than is spent on books and computers combined. (2) Educators teach and students learn best in an environment that is comfortable, healthy, naturally lit where possible, and in good repair, and studies have indicated that student achievement is greater and attendance higher when those conditions are met. (3) Over half of our Nation's K-12 schools are more than 40 years old and in need of renovation to reach such standard of efficiency and comfort, and 6,000 new schools will be required over the next 10 years to accommodate the growing number of students. (4) Inadequate ventilation in school buildings, poor lighting and acoustical quality, and uncomfortable temperatures can diminish students' capacity to concentrate and excel. (5) Inefficient use of water, either in consumption or from poorly maintained systems, is prevalent in older schools. (6) Using a whole building approach in the design of new schools and the renovation of existing schools--considering how materials, systems, and products connect and overlap and also how a school is integrated on its site and within the surrounding community--will result in high performance school buildings. (7) Adoption of whole building concepts has been shown to result in dramatic improvements in student and teacher performance. (8) Adopting a whole building approach usually results in a lower life cycle cost for the school building than for a conventionally designed and built building. (9) Systematic use of energy conservation in school construction and renovation projects can save at least one quarter of current energy costs, leaving more money for teachers and educational materials. (10) The use of renewable energy sources such as daylighting, passive solar heating, photovoltaics, wind, geothermal, hydropower, and biomass power in a building already designed to be low-energy can help meet the building's energy needs without added emissions. (11) Using environmentally preferable products and providing for adequate supplies of fresh air will improve indoor air quality and provide healthful school buildings. (12) Most school districts do not have the knowledge of cutting-edge design and technologies to implement optimum efficiency into new school construction or into school renovations. (b) Purpose.--It is the purpose of this Act to assist school districts in the production, through construction or renovation, of high performance elementary and secondary school buildings that are healthful, productive, energy efficient, and environmentally sound. SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION. (a) Establishment.--There is established in the Department of Energy the High Performance Schools Program (in this Act referred to as the ``Program''). (b) In General.--The Secretary of Energy may, through the Program, make grants-- (1) to be provided to school districts to implement the purpose of this Act for new and existing school buildings; (2) to State energy offices to administer the program of assistance to school districts pursuant to this Act; and (3) to State energy offices to promote participation by school districts in the program established by this Act. (c) Grants To Assist School Districts.--Grants under subsection (b)(1) for new school buildings shall be used to achieve energy efficiency performance that reduces energy use at least 30 percent below that of a school constructed in compliance with standards prescribed in Chapter 8 of the 2000 International Energy Conservation Code, or a similar State code intended to achieve substantially equivalent results. Grants under subsection (b)(1) for existing school buildings shall be used to achieve energy efficiency performance that reduces energy use below the school's baseline consumption, assuming a 3-year, weather-normalized average for calculating such baseline. Grants under subsection (b)(1) shall be made to school districts that have-- (1) demonstrated a need for such grants in order to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities; and (2) made a commitment to use the grant funds to develop high performance school buildings in accordance with the plan developed and approved pursuant to subsection (e)(1). (d) Other Grants.-- (1) Grants for administration.--Grants under subsection (b)(2) shall be used to evaluate compliance by school districts with requirements of this Act and in addition may be used for-- (A) distributing information and materials to clearly define and promote the development of high performance school buildings for both new and existing facilities; (B) organizing and conducting programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of high performance school buildings; (C) obtaining technical services and assistance in planning and designing high performance school buildings; and (D) collecting and monitoring data and information pertaining to the high performance school building projects. (2) Grants to promote participation.--Grants under subsection (b)(3) may be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. (e) Implementation.-- (1) Plans.--Grants under subsection (b)(1) shall be provided only to school districts that, in consultation with State offices of energy and education, have developed plans that the State energy office determines to be feasible and appropriate in order to achieve the purposes for which such grants are made. (2) Supplementing grant funds.--The State energy office shall encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. SEC. 4. ALLOCATION OF FUNDS. (a) In General.--Except as provided in subsection (c), funds appropriated to carry out this Act shall be provided to State energy offices. (b) Purposes.--Except as provided in subsection (c), funds appropriated to carry out this Act shall be allocated as follows: (1) Seventy percent shall be used to make grants under section 3(b)(1). (2) Fifteen percent shall be used to make grants under section 3(b)(2). (3) Fifteen percent shall be used to make grants under section 3(b)(3). (c) Other Funds.--The Secretary of Energy may retain not to exceed $300,000 per year from amounts appropriated under section 5 to assist State energy offices in coordinating and implementing the Program. Such funds may be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Energy to carry out this Act $200,000,000 for each of fiscal years 2002 through 2005, and such sums as may be necessary for each of fiscal years 2006 through 2011. SEC. 6. REPORT TO CONGRESS. The Secretary of Energy shall conduct a biennial review of State actions implementing this Act, and the Secretary shall report to Congress on the results of such reviews. In conducting such reviews, the Secretary shall assess the effectiveness of the calculation procedures used by the States in establishing eligibility of schools for funding under this Act, and may assess other aspects of the program to determine whether they have been effectively implemented. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Elementary and secondary school.--The terms ``elementary school'' and ``secondary school'' shall have the same meaning given such terms in paragraphs (14) and (26) of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(14), (26)). (2) High performance school building.--The term ``high performance school building'' means a school building which, in its design, construction, operation, and maintenance, maximizes use of renewable energy and energy efficient practices, is cost-effective on a life cycle basis, uses affordable, environmentally preferable, durable materials, enhances indoor environmental quality, protects and conserves water, and optimizes site potential. (3) Renewable energy.--The term ``renewable energy'' means energy produced by solar, wind, geothermal, hydroelectric, or biomass power.", "summary": "High Performance Schools Act of 2001 - Establishes the High Performance Schools Program, in the Department of Energy, to assist school districts in the production of high performance elementary and secondary school buildings that are healthful, productive, energy efficient, and environmentally sound. Authorizes the Secretary of Energy to make program grants to State energy offices for: (1) program participation promotion and administration; and (2) subgrants to qualified school districts to implement such school building construction and renovation."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Care Agreements Rule Enhancement Act'' or the ``Veteran CARE Act''. SEC. 2. PURPOSE. The purpose of this Act is-- (1) to maintain the access of veterans to high-quality hospital care, medical services, and extended care if that care is not available directly from the Department of Veterans Affairs; (2) to continue to allow the use by the Department of agreements covered by the Federal Acquisition Regulation and agreements that are not covered by such regulation, similar to those agreements used under the original Medicare fee-for- service program (Medicare Parts A and B), if it is not practicable to contract for the care needed by veterans through an agreement covered by such regulation; (3) to address the fact that individual health care providers, especially smaller providers in rural areas, may not be willing to accept veterans as patients when doing so would require the significant time and administrative requirements in connection with entering into agreements with the Department that are covered by such regulation; (4) to address the deficiencies in current law regarding agreements entered into by the Department that have raised legal issues; and (5) to ensure that agreements that are not covered by such regulation include robust terms and conditions that address the quality of health care for veterans, oversight of the provision of such health care, and protections for taxpayers. SEC. 3. AUTHORIZATION OF AGREEMENTS BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS AND NON-DEPARTMENT HEALTH CARE PROVIDERS. (a) In General.--Subchapter I of chapter 17 of title 38, United States Code, is amended by adding after section 1703 the following new section: ``Sec. 1703A. Veterans Care Agreements with certain health care providers ``(a) Agreements To Furnish Care.--(1) If the Secretary is not feasibly able to furnish hospital care, medical services, or extended care under this chapter at facilities of the Department or under contracts or sharing agreements entered into under authorities other than this section, the Secretary may furnish such care and services by entering into agreements under this section with eligible providers that are certified under subsection (c). An agreement entered into under this section may be referred to as a `Veterans Care Agreement'. ``(2) The Secretary is not feasibly able to furnish care or services as described in paragraph (1) if the Secretary determines that the medical condition of the veteran, the travel involved, the nature of the care or services required, or a combination of those factors make the use of facilities of the Department, contracts, or sharing agreements impracticable or inadvisable. ``(3) Eligibility of a veteran under this section for the care or services described in paragraph (1) shall be determined as if such care or services were furnished in a facility of the Department and provisions of this title applicable to veterans receiving such care or services in a facility of the Department shall apply to veterans receiving such care or services under this section. ``(b) Eligible Providers.--For purposes of this section, an eligible provider is one of the following: ``(1) A provider of services that has enrolled and entered into a provider agreement under section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a)). ``(2) A physician or supplier that has enrolled and entered into a participation agreement under section 1842(h) of such Act (42 U.S.C. 1395u(h)). ``(3) A provider of items and services receiving payment under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or a waiver of such a plan. ``(4) A provider that is-- ``(A) an Aging and Disability Resource Center, an area agency on aging, or a State agency (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)); or ``(B) a center for independent living (as defined in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)). ``(5) Such other health care providers as the Secretary considers appropriate for purposes of this section. ``(c) Certification of Eligible Providers.--(1) The Secretary shall establish a process for the certification of eligible providers under this section that shall, at a minimum, set forth the following: ``(A) Procedures for the submittal of applications for certification and deadlines for actions taken by the Secretary with respect to such applications. ``(B) Standards and procedures for approval and denial of certification, duration of certification, revocation of certification, and recertification. ``(C) Procedures for assessing eligible providers based on the risk of fraud, waste, and abuse of such providers similar to the level of screening under section 1866(j)(2)(B) of the Social Security Act (42 U.S.C. 1395cc(j)(2)(B)) and the standards set forth under section 9.104 of title 48, Code of Federal Regulations, or any successor regulation. ``(2) The Secretary shall deny or revoke certification to an eligible provider under this subsection if the Secretary determines that the eligible provider is currently-- ``(A) excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))) under section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a-7 and 1320a-7a); or ``(B) identified as an excluded source on the list maintained in the System for Award Management, or any successor system. ``(d) Terms of Agreements.--Each agreement entered into with an eligible provider under this section shall include provisions requiring the eligible provider to do the following: ``(1) To accept payment for care and services furnished under this section at rates established by the Secretary for purposes of this section, which shall be, to the extent practicable, the rates paid by the United States for such care and services to providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). ``(2) To accept payment under paragraph (1) as payment in full for care and services furnished under this section and to not seek any payment for such care and services from the recipient of such care and services. ``(3) To furnish under this section only the care and services authorized by the Department under this section unless the eligible provider receives prior written consent from the Department to furnish care or services outside the scope of such authorization. ``(4) To bill the Department for care and services furnished under this section in accordance with a methodology established by the Secretary for purposes of this section. ``(5) Not to seek to recover or collect from a health-plan contract or third party, as those terms are defined in section 1729 of this title, for any care or services for which payment is made by the Department under this section. ``(6) To provide medical records for veterans furnished care or services under this section to the Department in a timeframe and format specified by the Secretary for purposes of this section. ``(7) To meet such other terms and conditions, including quality of care assurance standards, as the Secretary may specify for purposes of this section. ``(e) Termination of Agreements.--(1) An eligible provider may terminate an agreement with the Secretary under this section at such time and upon such notice to the Secretary as the Secretary may specify for purposes of this section. ``(2) The Secretary may terminate an agreement with an eligible provider under this section at such time and upon such notice to the eligible provider as the Secretary may specify for purposes of this section, if the Secretary-- ``(A) determines that the eligible provider failed to comply substantially with the provisions of the agreement or with the provisions of this section and the regulations prescribed thereunder; ``(B) determines that the eligible provider is-- ``(i) excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))) under section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a-7 and 1320a-7a); or ``(ii) identified as an excluded source on the list maintained in the System for Award Management, or any successor system; ``(C) ascertains that the eligible provider has been convicted of a felony or other serious offense under Federal or State law and determines that the continued participation of the eligible provider would be detrimental to the best interests of veterans or the Department; or ``(D) determines that it is reasonable to terminate the agreement based on the health care needs of a veteran or veterans. ``(f) Periodic Review of Certain Agreements.--(1) Not less frequently than once every two years, the Secretary shall review each Veterans Care Agreement of material size entered into during the two- year period preceding the review to determine whether it is feasible and advisable to furnish the hospital care, medical services, or extended care furnished under such agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section. ``(2)(A) Subject to subparagraph (B), a Veterans Care Agreement is of material size as determined by the Secretary for purposes of this section. ``(B) A Veterans Care Agreement entered into after September 30, 2016, for the purchase of extended care services is of material size if the purchase of such services under the agreement exceeds $1,000,000 annually. The Secretary may adjust such amount to account for changes in the cost of health care based upon recognized health care market surveys and other available data and shall publish any such adjustments in the Federal Register. ``(g) Exclusion of Certain Federal Contracting Provisions.--(1) An agreement under this section may be entered into without regard to any law that would require the Secretary to use competitive procedures in selecting the party with which to enter into the agreement. ``(2)(A) Except as provided in subparagraph (B) and unless otherwise provided in this section or regulations prescribed pursuant to this section, an eligible provider that enters into an agreement under this section is not subject to, in the carrying out of the agreement, any law that providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) are not subject to. ``(B) An eligible provider that enters into an agreement under this section is subject to-- ``(i) all laws regarding integrity, ethics, fraud, or that subject a person to civil or criminal penalties; and ``(ii) all laws that protect against employment discrimination or that otherwise ensure equal employment opportunities. ``(h) Monitoring of Quality of Care.--The Secretary shall establish a system or systems, consistent with survey and certification procedures used by the Centers for Medicare & Medicaid Services and State survey agencies to the extent practicable-- ``(1) to monitor the quality of care and services furnished to veterans under this section; and ``(2) to assess the quality of care and services furnished by an eligible provider for purposes of determining whether to renew an agreement under this section with the eligible provider. ``(i) Dispute Resolution.--(1) The Secretary shall establish administrative procedures for eligible providers with which the Secretary has entered an agreement under this section to present any dispute arising under or related to the agreement. ``(2) Before using any dispute resolution mechanism under chapter 71 of title 41 with respect to a dispute arising under an agreement under this section, an eligible provider must first exhaust the administrative procedures established by the Secretary under paragraph (1).''. (b) Regulations.--The Secretary of Veterans Affairs shall prescribe an interim final rule to carry out section 1703A of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act. (c) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item related to section 1703 the following new item: ``1703A. Veterans Care Agreements with certain health care providers.''. SEC. 4. MODIFICATION OF AUTHORITY TO ENTER INTO AGREEMENTS WITH STATE HOMES TO PROVIDE NURSING HOME CARE. (a) Use of Agreements.-- (1) In general.--Paragraph (1) of section 1745(a) of title 38, United States Code, is amended, in the matter preceding subparagraph (A), by striking ``a contract (or agreement under section 1720(c)(1) of this title)'' and inserting ``an agreement''. (2) Payment.--Paragraph (2) of such section is amended by striking ``contract (or agreement)'' each place it appears and inserting ``agreement''. (b) Exclusion of Certain Federal Contracting Provisions.--Such section is amended by adding at the end the following new paragraph: ``(4)(A) An agreement under this section may be entered into without regard to any law that would require the Secretary to use competitive procedures in selecting the party with which to enter into the agreement. ``(B)(i) Except as provided in clause (ii) and unless otherwise provided in this section or regulations prescribed pursuant to this section, a State home that enters into an agreement under this section is not subject to, in the carrying out of the agreement, any law that providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) are not subject to. ``(ii) An eligible provider that enters into an agreement under this section is subject to-- ``(I) all laws regarding integrity, ethics, fraud, or that subject a person to civil or criminal penalties; and ``(II) all laws that protect against employment discrimination or that otherwise ensure equal employment opportunities.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to agreements entered into under section 1745 of such title on and after the date on which the regulations prescribed by the Secretary of Veterans Affairs to implement such amendments take effect. (2) Publication.--The Secretary shall publish the date described in paragraph (1) in the Federal Register not later than 30 days before such date.", "summary": "Veteran Care Agreements Rule Enhancement Act or Veteran CARE Act This bill authorizes the Department of Veterans Affairs (VA), if unable to furnish hospital care, medical services, or extended care at VA facilities or under other authorized contracts or sharing agreements, to enter into a Veterans Care Agreement with an eligible provider to furnish such care and services. The VA shall review agreements exceeding $1 million annually at least once every two years. The VA shall establish a process for the certification of eligible providers. An eligible provider is: a physician or provider of services that has entered into a provider agreement under the Social Security Act; a provider of items and services receiving payments under a state Medicaid plan; an aging and disability resource center, an area agency on aging, or a center for independent living; or any other health care provider the VA considers appropriate. The VA shall establish a system or systems to monitor the quality of care and services furnished to veterans, which shall be used in assessing whether to renew an agreement. An agreement may be made with a health care provider to provide veterans with nursing home care."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Women's High-Growth Business Bipartisan Task Force Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``Task Force'' means the National Women's High-Growth Business Bipartisan Task Force established under section 3; and (3) the term ``small business concern owned and controlled by women'' has the meaning given that term in section 3(n) of the Small Business Act (15 U.S.C. 632(n)). SEC. 3. NATIONAL WOMEN'S HIGH-GROWTH BUSINESS BIPARTISAN TASK FORCE. (a) Establishment.--There is established the National Women's High- Growth Business Bipartisan Task Force, which shall serve as an independent source of advice, research, and policy recommendations to-- (1) the Administrator; (2) the Assistant Administrator of the Office of Women's Business Ownership of the Administration; (3) Congress; (4) the President; and (5) other Federal departments and agencies. (b) Membership.-- (1) Number of members.--The Task Force shall be composed of 15 members, of which-- (A) 8 shall be individuals who own small business concerns owned and controlled by women, including not fewer than 2 individuals who own small business concerns owned and controlled by women in industries in which women are traditionally underrepresented; (B) 2 shall be individuals having expertise conducting research on women's business, women's entrepreneurship, new business development by women, and high-growth business development; and (C) 5 shall be individuals who represent women's business organizations, including women's business centers and women's business advocacy groups. (2) Appointment of members.-- (A) Owners of small business concerns owned and controlled by women.--Of the members of the Task Force described in paragraph (1)(A)-- (i) 2 shall be appointed by the Chairperson of the Committee on Small Business and Entrepreneurship of the Senate; (ii) 2 shall be appointed by the Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; (iii) 2 shall be appointed by the Chairperson of the Committee on Small Business of the House of Representatives; and (iv) 2 shall be appointed by the Ranking Member of the Committee on Small Business of the House of Representatives. (B) Other members.--The members of the Task Force described in subparagraphs (B) and (C) of paragraph (1) shall be appointed by the Administrator. (C) Initial appointments.--The individuals described in subparagraphs (A) and (B) shall appoint the initial members of the Task Force not later than 90 days after the date of enactment of this Act. (D) Geographic considerations.--In making an appointment under this paragraph, the individuals described in subparagraphs (A) and (B) shall give consideration to the geographic areas of the United States in which the members of the Task Force live and work, particularly to ensure that rural areas are represented on the Task Force. (E) Political affiliation.--Not more than 8 members of the Task Force may be members of the same political party. (3) Chairperson.-- (A) Election of chairperson.--The members of the Task Force shall elect 1 member of the Task Force as Chairperson of the Task Force. (B) Vacancies.--Any vacancy in the position of Chairperson of the Task Force shall be filled by the Task Force at the first meeting of the Task Force after the date on which the vacancy occurs. (4) Term of service.-- (A) In general.--Except as provided in subparagraph (B), the term of service of each member of the Task Force shall be 3 years. (B) Terms of initial appointees.--Of the members of the Task Force first appointed after the date of enactment of this Act-- (i) 6 shall be appointed for a term of 4 years, including-- (I) 1 member appointed by the individuals described in each of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A); and (II) 2 members appointed by the Administrator; and (ii) 5 shall be appointed for a term of 5 years, including-- (I) 1 member appointed by the individuals described in each of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A); and (II) 1 member appointed by the Administrator. (5) Vacancies.--A vacancy on the Task Force shall be filled not later than 30 days after the date on which the vacancy occurs, in the manner in which the original appointment was made, and shall be subject to any conditions that applied to the original appointment. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (6) Prohibition on federal employment.-- (A) In general.--Except as provided in subparagraph (B), no member of the Task Force may serve as an officer or employee of the United States. (B) Exception.--A member of the Task Force who accepts a position as an officer or employee of the United States after appointment to the Task Force may continue to serve on the Task Force for not more than 30 days after the date of such acceptance. (7) Compensation and expenses.-- (A) No compensation.--Each member of the Task Force shall serve without compensation. (B) Expenses.--The Administrator shall reimburse the members of the Task Force for travel and subsistence expenses in accordance with section 5703 of title 5, United States Code. (c) Duties.--The Task Force shall-- (1) review and monitor plans and programs developed in the public and private sectors that affect the ability of small business concerns owned and controlled by women to obtain capital and credit and to access markets, and provide advice on improving coordination between such plans and programs; (2) monitor and promote the plans, programs, and operations of the Federal departments and agencies that contribute to the formation and development of small business concerns owned and controlled by women, and make recommendations to Federal departments and agencies concerning the coordination of such plans, programs, and operations; (3) develop and promote initiatives, policies, programs, and plans designed to encourage the formation of startups and high-growth small business concerns owned and controlled by women; (4) advise the Administrator on the development and implementation of an annual comprehensive plan for joint efforts by the public and private sectors to facilitate the formation and development of startups and high-growth small business concerns owned and controlled by women; and (5) examine the link between women who own small business concerns and intellectual property, including-- (A) the number of patents, trademarks, and copyrights granted to women; and (B) the challenges faced by high-growth small business concerns owned and controlled by women in obtaining and enforcing intellectual property rights. (d) Powers.-- (1) Hearings.--The Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Task Force considers advisable to carry out its duties. (2) Task groups.--The Task Force may, from time to time, establish temporary task groups, as necessary to carry out the duties of the Task Force. (3) Information from federal agencies.--Upon request of the Chairperson of the Task Force, the head of any Federal department or agency shall furnish such information to the Task Force as the Task Force considers necessary to carry out its duties. (4) Use of mails.--The Task Force may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. (5) Gifts.--The Task Force may accept, use, and dispose of gifts or donations of services or property. (e) Meetings.-- (1) In general.--The Task Force shall meet-- (A) not less than 3 times each year; (B) at the call of the Chairperson; and (C) upon the request of-- (i) the Administrator; (ii) the Chairperson and Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; or (iii) the Chairperson and Ranking Member of the Committee on Small Business of the House of Representatives. (2) Participation of federal agencies.-- (A) Participation encouraged.--The Task Force shall allow and encourage participation in meetings by representatives from Federal agencies. (B) Functions of representatives of federal agencies.--A representative from a Federal agency-- (i) may be used as a resource; and (ii) may not vote or otherwise act as a member of the Task Force. (3) Location.--Each meeting of the full Task Force shall be held at the headquarters of the Administration, unless, not later than 1 month before the meeting, a majority of the members of the Task Force agree to meet at another location. (4) Support by administrator.--The Administrator shall provide suitable meeting facilities and such administrative support as may be necessary for each full meeting of the Task Force. (f) Reports.-- (1) Reports by task force.-- (A) Reports required.--Not later than 30 days after the end of each fiscal year, the Task Force shall submit to the President and to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report containing-- (i) a detailed description of the activities of the Task Force, including a report on how the Task Force has carried out the duties described in subsection (c); (ii) the findings and recommendations of the Task Force; and (iii) the recommendations of the Task Force for-- (I) promoting intellectual property rights for high-growth small business concerns owned and controlled by women; and (II) such legislative and administrative actions as the Task Force considers appropriate to promote the formation and development of small business concerns owned and controlled by women. (B) Form of reports.--The report required under subparagraph (A) shall include-- (i) any concurring or dissenting views of the Administrator; and (ii) the minutes of each meeting of the Task Force. (2) Reports by chief counsel for advocacy.-- (A) Studies.-- (i) In general.--Not less frequently than twice each year, the Chief Counsel for Advocacy of the Small Business Administration, in consultation with the Task Force, shall conduct a study of an issue that is important to small business concerns owned and controlled by women. (ii) Topics.--The topic of a study under clause (i) shall-- (I) be an issue that the Task Force determines is critical to furthering the interests of small business concerns owned and controlled by women; and (II) relate to-- (aa) Federal prime contracts and subcontracts awarded to small business concerns owned and controlled by women; (bb) access to credit and investment capital by women entrepreneurs; (cc) acquiring and enforcing intellectual property rights; or (dd) any other issue relating to small business concerns owned and controlled by women that the Task Force determines is appropriate. (iii) Contracting.--In conducting a study under this subparagraph, the Chief Counsel may contract with a public or private entity. (B) Report.--The Chief Counsel for Advocacy shall-- (i) submit a report containing the results of each study under subparagraph (A) to the Task Force, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives; and (ii) make each report submitted under clause (i) available to the public online. (g) Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. SEC. 4. REPEAL. (a) Final Reports.--Not later than 90 days after the date of enactment of this Act-- (1) the Interagency Committee on Women's Business Enterprise shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing the information described in paragraphs (1), (2), and (3) of section 404 of the Women's Business Ownership Act of 1988 (15 U.S.C. 7104), as in effect on the day before the date of enactment of this Act; and (2) the National Women's Business Council shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing the information described in subparagraphs (A), (B), and (C) of section 406(d)(6) of the Women's Business Ownership Act of 1988 (15 U.S.C. 7106), as in effect on the day before the date of enactment of this Act. (b) Repeal.--The Women's Business Ownership Act of 1988 (15 U.S.C. 631 note) is amended by striking title IV (15 U.S.C. 7101 et seq.). (c) Technical and Conforming Amendments.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 8(b)(1)(G) (15 U.S.C. 637(b)(1)(G)), by striking ``and to carry out the activities authorized by title IV of the Women's Business Ownership Act of 1988''; and (2) in section 29(g) (15 U.S.C. 656(g))-- (A) in paragraph (1), by striking ``women's business enterprises (as defined in section 408 of the Women's Business Ownership Act of 1988 (15 U.S.C. 631 note))'' and inserting ``small business concerns owned and controlled by women''; and (B) in paragraph (2)(B)(ii)-- (i) in subclause (VI), by adding ``and'' at the end; (ii) in subclause (VII), by striking the semicolon at the end and inserting a period; and (iii) by striking subclauses (VIII), (IX), and (X). (d) Effective Date.--The amendments made by subsections (b) and (c) shall take effect 90 days after the date of enactment of this Act.", "summary": "National Women's High-Growth Business Bipartisan Task Force Act of 2012 - Establishes the National Women's High-Growth Business Bipartisan Task Force to provide women-owned, start-up and high-growth business advice, research, and policy recommendations to the Administrator of the Small Business Administration (SBA), the Assistant Administrator of the SBA's Office of Women's Business Ownership, Congress, the President, and other federal departments and agencies. Directs the Task Force, among other things, to review, monitor, and advise on plans and programs developed in the public and private sectors that affect the ability of small businesses owned and controlled by women to obtain capital and credit and to access markets. Requires the Task Force to report annually to the President and the congressional small business committees on the activities of the Task Force. Directs the SBA's Chief Counsel to: (1) semiannually conduct a study of an issue of importance to small businesses owned and controlled by women, and (2) submit each study's results to the Task Force and the small business committees. Amends the Women's Business Ownership Act of 1988 to repeal provisions establishing the Interagency Committee on Women's Business Enterprise."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Centennial Challenge Fund Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress here by finds that-- (1) Our national parks are icons of America; (2) The one hundredth anniversary of the National Park System will be in 2016; (3) It is appropriate for all Americans to help in the efforts to enhance our parks as the country gets ready for this centennial celebration; (4) The President has proposed a National Park Centennial Initiative that, over ten years, will provide up to $3 billion to prepare parks for another century of conservation, preservation, and enjoyment; and (5) A part of that Initiative is the establishment of a Centennial Challenge to encourage individuals, foundations, and the private sector to donate money each year by providing up to $100 million in dedicated Federal funding to match donations for signature projects and programs. (b) Purpose.--It is the purpose of this Act to establish a fund in the Treasury that will be used to finance signature projects and programs to enhance the National Park System as it approaches its centennial in 2016 and to prepare the parks for another century of conservation, preservation, and enjoyment. SEC. 3. DEFINITIONS. For purposes of this Act, the term--- (1) ``Challenge Fund'' means the National Park Centennial Challenge Fund. (2) ``Director'' means the Director of the National Park Service. (3) ``Secretary'' means Secretary of the Interior. (4) ``Signature project or program'' means, for the purposes of this Act, any project or program identified by the Director as one that will help prepare the national parks for another century of conservation, preservation and enjoyment. (5) ``Qualified donation'' means a cash non-Federal donation to the National Park Service that the Director certifies is for a listed signature project or program. SEC. 4. NATIONAL PARK CENTENNIAL CHALLENGE FUND. (a) Establishment.--There is established in the Treasury a fund to be known as the National Park Centennial Challenge Fund. The Challenge Fund shall consist of: (1) Qualified donations transferred from the Donations to the National Park Service account, in accordance with section 6(a) of this Act: and (2) Amounts appropriated from the general fund of the Treasury, in accordance with section 6(b) of this Act. (b) Availability.--All amounts deposited in the Challenge Fund shall be available, subject to restrictions in section 6(c) of this Act, to the Secretary for signature projects and programs under this Act without further appropriation and without fiscal year limitation. No monies shall be available for indirect administrative costs. The expenditure of amounts in the Challenge Fund shall follow Federal procurement and financial laws and standards. SEC. 5. SIGNATURE PROJECTS AND PROGRAMS. (a) List.--The Secretary, acting through the Director, shall develop a list of signature projects and programs eligible for funding from the Challenge Fund. The list shall be submitted to the President and to the Committees on Appropriations and Energy and Natural Resources in the United States Senate, and to the Committees on Appropriations and Natural Resources in the House of Representatives. (b) Signature Projects and Programs.--For purposes of this Act, a signature project or program shall be a project or program identified by the Director as one that will help prepare the national parks for another century of conservation, preservation and enjoyment. (c) Updates.--The Secretary, acting through the Director, may, from time to time as the Secretary or Director finds necessary, add any project or program to the list developed pursuant to subsection (a) that the Director believes is a signature project or program. If the Director adds any project or program to the list, the Secretary shall notify the Committees referred to in subsection (a) at the time the project or program is added. SEC. 6. DONATIONS AND MATCHING FEDERAL FUNDS. (a) Qualified Donations.--Beginning on October 1, 2007, and ending on September 30, 2017, the Secretary may transfer to the Challenge Fund qualified donations of cash, including cash to liquidate a letter of credit, received by the National Park Service. (b) Matching Amount.--There is hereby appropriated in each fiscal year beginning on October 1, 2007 and ending on September 30, 2017, an amount equal to the qualified donations received and the pledge of donations through letters of credit in the same fiscal year, not to exceed $100 million in any one year. In no case may the matching amount exceed the amount of donations received or pledged in any year. For the purpose of this subsection, the Secretary may consider a donation for any fiscal year to be received when a pledge of a donation for that fiscal year is guaranteed and a valid irrevocable letter of credit is issued for such purposes. (c) The Secretary may not obligate any amounts based on a letter of credit, or amounts to match a letter of credit pursuant to subsection (b), until amounts from that letter of credit are deposited in the Challenge Fund. (d) Solicitation.--Nothing in this Act shall be construed as expanding any authority that exists on the date of its enactment with respect to the ability of the National Park Service and its employees to receive or solicit for donations. SEC. 7. REPORT TO CONGRESS. The Secretary shall provide with the submission of the President's budget a list of the signature projects and programs and the status of their funding. SEC. 8. REGULATIONS. The Secretary may promulgate such regulations as may be necessary to carry out this Act.", "summary": "National Park Centennial Challenge Fund Act - Establishes in the Treasury the National Park Centennial Challenge Fund (the Challenge Fund) which shall consist of qualified donations transferred from the Donations to the National Park Service account and amounts appropriated from the general fund of the Treasury, in accordance with this Act. Makes available all amounts deposited in the Challenge Fund to the Secretary of the Interior for signature projects and programs under this Act (projects and programs identified by the Director of the National Park Service (NPS) as those that will help prepare the national parks for another century of conservation, preservation, and enjoyment). Requires the Secretary, acting through the Director, to develop a list of signature projects and programs eligible for funding from the Challenge Fund. Requires that such list be submitted to the President and specified congressional committees."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Traffic Supervisor Retirement Reform Act of 1995''. SEC. 2. AMENDMENTS. (a) Civil Service Retirement System.--Section 8331 of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (25); (2) by striking the period at the end of paragraph (26) and inserting ``; and''; and (3) by adding at the end the following: ``(27) `air traffic controller' or `controller' means-- ``(A) a controller within the meaning of section 2109(1); and ``(B) a civilian employee of the Department of Transportation or the Department of Defense holding a supervisory, managerial, executive, technical, semiprofessional, or professional position for which experience as a controller (within the meaning of section 2109(1)) is a prerequisite.'' (b) Federal Employees' Retirement System.--Section 8401 of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (31); (2) by striking the period at the end of paragraph (32) and inserting ``; and''; and (3) by adding at the end the following: ``(33) `air traffic controller' or `controller' means-- ``(A) a controller within the meaning of section 2109(1); and ``(B) a civilian employee of the Department of Transportation or the Department of Defense holding a supervisory, managerial, executive, technical, semiprofessional, or professional position for which experience as a controller (within the meaning of section 2109(1)) is a prerequisite.'' SEC. 3. EFFECTIVE DATE; OTHER PROVISIONS. (a) Effective Date.--Subject to subsections (b) and (c), this Act and the amendments made by this Act shall take effect on the 60th day after the date of enactment of this Act. (b) Treatment of Pre-Effective Date Service.-- (1) Employee contributions.-- (A) In general.--Subject to subparagraph (C), upon application to the Office of Personnel Management, any service to which this subsection applies shall, for purposes of chapter 83 or 84 of title 5, United States Code, as applicable, be treated in the same way as if the amendments made by this Act had been in effect when such service was rendered. (B) Service to which this subsection applies.--This subsection applies with respect to any service as a controller, within the meaning of section 8331(27)(B) or 8401(33)(B) of title 5, United States Code (as amended by this Act), performed before the effective date of this Act. (C) Requirements.-- (i) Deposit requirement.--Subparagraph (A) shall not apply with respect to any service unless there is deposited into the Civil Service Retirement and Disability Fund, with interest, an amount equal to the amount by which-- (I) the deductions from pay which would have been required for such service had the amendments made by this Act been in effect when such service was rendered, exceeds (II) the deductions or deposits actually made, under section 8334 or 8422 of title 5, United States Code, as applicable, with respect to such service. (ii) Status at time of application.--This paragraph shall not apply with respect to any individual who is not serving as a controller, within the meaning of either provision cited in subparagraph (B), on the date on which an application under this paragraph is made with respect to any service of such individual. (D) Certification.--For purposes of chapter 83 or 84 of title 5, United States Code, the Office shall accept the certification of the Secretary of Transportation or the Secretary of Defense, as the case may be, concerning the service of, and the amount of compensation received by, an individual with respect to any service for which an application under this paragraph is made. (2) Government contributions.--Not later than 90 days after the full deposit required under paragraph (1) with respect to an individual has been paid, the agency that employed such individual during the period of service to which such deposit relates shall pay into the Civil Service Retirement and Disability Fund, with interest, an amount equal to the amount by which-- (A) the Government contributions which would have been required to have been paid into the Fund for such service had the amendments made by this Act been in effect when such service was rendered, exceeds (B) the Government contributions actually made, under section 8334 or 8423 of title 5, United States Code, as applicable, with respect to such service. (3) Regulations.--The Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions relating to the time and manner in which any application or deposit shall be made, and how any interest shall be computed. (c) Mandatory Separation.--Nothing in section 8335(a) or 8425(a) of title 5, United States Code, shall be considered to require the separation of an individual from a position as a controller (within the meaning of section 8331(27)(B) or section 8401(33)(B) of title 5, United States Code, as amended by this Act) if such individual was first appointed to any such position before the effective date of this Act.", "summary": "Air Traffic Supervisor Retirement Reform Act of 1995 - Provides that service performed by certain civilian employees of the Departments of Transportation or of Defense holding specified positions for which experience as an air traffic controller is a prerequisite (air traffic second-level supervisors and managers) shall be creditable for retirement under the Civil Service and Federal Employees' Retirement Systems."}
{"article": "SECTION 1. PLACEMENT PROGRAMS FOR FEDERAL EMPLOYEES AFFECTED BY REDUCTION IN FORCE ACTIONS. (a) Short Title.--This Act may be cited as the ``Public Servant Priority Placement Act of 1995''. (b) In General.--Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end thereof the following new section: ``Sec. 3329b. Placement programs for Federal employees affected by reduction in force actions ``(a) For purposes of this section the term ``agency'' means an ``Executive agency'' as defined under section 105, except such term shall not include the General Accounting Office. ``(b) No later than 180 days after the date of the enactment of this section, the Director of the Office of Personnel Management shall establish a Government-wide program and each agency shall establish an agency program to facilitate employment placement for Federal employees who-- ``(1) are scheduled to be separated from service under a reduction in force under-- ``(A) regulations prescribed under section 3502; or ``(B) procedures established under section 3595; or ``(2) are separated from service under such a reduction in force. ``(c) Each agency placement program established under subsection (b) shall provide a system to require the offer of a vacant position in an agency to an employee of such agency affected by a reduction in force action, if-- ``(1) the position cannot be filled within the agency; ``(2) the employee to whom the offer is made is qualified for the offered position; ``(3)(A) the classification of the offered position is equal to or no more than one grade below the classification of the employee's present or last held position; or ``(B)(i) the basic rate of pay of the offered position is equal to the basic rate of pay of the employee's present or last held position; or ``(ii) sections 5362 and 5363 apply to the basic rate of pay of the employee in the offered position; and ``(4) the geographic location of the offered position is within the commuting area of-- ``(A) the residence of the employee; or ``(B) the location of the employee's present or last held position. ``(d) The Government-wide placement program established under subsection (b) shall-- ``(1) coordinate with programs established by agencies for the placement of agency employees affected by a reduction in force action within such agency; and ``(2) provide a system to require the offer of a vacant position in an agency to an employee of another agency affected by a reduction in force action, if-- ``(A) the vacant position cannot be filled through the placement program or otherwise be filled from within the agency in which the position is located; ``(B) the employee to whom the offer is made is well qualified for the offered position; ``(C)(i) the classification of the offered position is equal to the classification of the employee's present or last held position; or ``(ii) the basic rate of pay of the offered position is equal to the basic rate of pay of the employee's present or last held position; and ``(D) the geographic location of the offered position is within the commuting area of-- ``(i) the residence of the employee; or ``(ii) the location of the employee's present or last held position. ``(e)(1) The agency placement program established under this section shall not affect any priority placement program of the Department of Defense that is in operation on the date of the enactment of this section. ``(2) The interagency placement program established under this section shall not affect the priority of placement of any employee under the agency placement program of such employee's employing agency.''. (c) Technical and Conforming Amendments.--(1) The section heading for the second section 3329 (relating to Government-wide list of vacant positions) is amended to read as follows: ``Sec. 3329a. Government-wide list of vacant positions''. (2) The table of sections for chapter 33 of title 5, United States Code, is amended by striking out the item relating to the second section 3329 (relating to Government-wide list of vacant positions) and inserting in lieu thereof the following: ``3329a. Government-wide list of vacant positions. ``3329b. Placement programs for Federal employees affected by reduction in force actions.''.", "summary": "Public Servant Priority Placement Act of 1995 - Amends Federal civil service law to require the Director of the Office of Personnel Management to establish a Government-wide priority placement program, and each Federal agency to establish a similar agency-wide program, for Federal employees affected by a reduction in force."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Sportsmanship in Hunting Act of 2008''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The ethic of hunting involves the consideration of fair chase, which allows the animal the opportunity to avoid the hunter. (2) At more than 1,000 commercial canned hunt operations across the country, trophy hunters pay a fee to shoot captive exotic animals, from African lions to giraffes and blackbuck antelope, in fenced-in enclosures. (3) Clustered in a captive setting at unusually high densities, confined exotic animals attract disease more readily than more widely dispersed native species who roam freely. (4) The transportation of captive exotic animals to commercial canned hunt operations can facilitate the spread of disease across great distances. (5) The regulation of the transport and treatment of exotic animals on shooting preserves falls outside the traditional domains of State agriculture departments and State fish and game agencies. (b) Purposes.--This Act-- (1) is limited in its purpose and will not limit the licensed hunting of any native mammals or any native or exotic birds; (2) does not aim to criticize those hunters who pursue animals that are not enclosed within a fence; and (3) does not attempt to prohibit slaughterhouse activities, nor does it aim to prohibit the routine euthanasia of domesticated farm animals. SEC. 3. TRANSPORT OR POSSESSION OF EXOTIC ANIMALS FOR PURPOSES OF KILLING OR INJURING THEM. (a) In General.--Chapter 3 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 50. Exotic animals ``(a) Prohibition.-- ``(1) In general.--Whoever, in or substantially affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a confined exotic animal, for the purposes of allowing the killing or injuring of that animal for entertainment or for the collection of a trophy, shall be fined under this title, imprisoned not more than 1 year, or both. ``(2) Exception.--This section shall not apply to the killing or injuring of an exotic animal in a State or Federal natural area reserve undertaking habitat restoration. ``(b) Definitions.--In this section-- ``(1) the term `confined exotic animal' means a mammal of a species not historically indigenous to the United States, that has been held in captivity, whether or not the defendant knows the length of the captivity, for the shorter of-- ``(A) the majority of the animal's life; or ``(B) a period of 1 year; and ``(2) the term `captivity' does not include any period during which an animal lives as it would in the wild-- ``(A) surviving primarily by foraging for naturally occurring food; ``(B) roaming at will over an open area of not less than 1,000 acres; and ``(C) having the opportunity to avoid hunters. ``(c) Enforcement.-- ``(1) In general.--Any person authorized by the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, may-- ``(A) without a warrant, arrest any person that violates this section (including regulations promulgated under this section) in the presence or view of the arresting person; ``(B) execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce this section; and ``(C) with a search warrant, search for and seize any animal taken or possessed in violation of this section. ``(2) Forfeiture.--Any animal seized with or without a search warrant shall be held by the Secretary or by a United States marshal, and upon conviction of the defendant, shall be forfeited to the United States and disposed of by the Secretary of the Interior in accordance with law. ``(3) Assistance.--The Director of the United States Fish and Wildlife Service may use by agreement, with or without reimbursement, the personnel and services of any other Federal or State agency for the purpose of enforcing this section.''. (b) Technical Amendment.--The analysis for chapter 3 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 50. Exotic animals.''.", "summary": "Sportsmanship in Hunting Act of 2008 - Amends the federal criminal code to prohibit anyone, in or substantially affecting interstate or foreign commerce, from knowingly transferring, transporting, or possessing a confined exotic animal for purposes of allowing the killing or injuring of such animal for entertainment or for the collection of a trophy. Exempts the killing or injuring of an exotic animal in a state or federal natural area reserve undertaking habitat restoration from such prohibition. Defines \"confined exotic animal\" as a mammal of a species not historically indigenous to the United States that has been held in captivity for the majority of its life or for a period of one year. Allows persons authorized by the Secretary of the Interior to make arrests, execute warrants, and search for and seize animals to enforce the provisions of this Act."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping College Students Cross the Finish Line Act''. SEC. 2. GRANTS TO INSTITUTIONS TO PROVIDE AWARDS TO UNDERGRADUATE AND VOCATIONAL STUDENTS WITH FINANCIAL NEED TO ASSIST IN COMPLETION OF DEGREE AND CERTIFICATE PROGRAMS. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by inserting after subpart 7 the following new subpart: ``Subpart 8--Grants to Institutions To Provide Awards to Undergraduate and Vocational Students With Financial Need To Assist in Completion of Degree and Certificate Programs ``SEC. 420. GRANTS TO INSTITUTIONS TO PROVIDE AWARDS TO UNDERGRADUATE AND VOCATIONAL STUDENTS WITH FINANCIAL NEED TO ASSIST IN COMPLETION OF DEGREE AND CERTIFICATE PROGRAMS. ``(a) Grants for Establishment of Financial Assistance Program.-- The Secretary shall award grants to institutions of higher education to establish programs of financial assistance for students in accordance with this section. ``(b) Financial Assistance Program.-- ``(1) Establishment.--An institution of higher education receiving a grant under subsection (a) shall establish a financial assistance program to award funds to not less than 100 eligible students per academic year in accordance with this subsection. ``(2) Student eligibility.--A student shall be eligible for an award under a financial assistance program established by an institution of higher education in accordance with this subsection if-- ``(A) such student is enrolled as an undergraduate or vocational student at such institution on a not less than half-time basis; ``(B) such student is academically able to complete the degree or certificate program for which such student is enrolled within an academic year; ``(C) such student is in good academic standing at such institution (as determined by such institution) at the time of the distribution of the award; ``(D) in the case of a student who previously received an award under this section, such student maintained good academic standing during the academic period for which the student received such previous award under this section; ``(E) such student has an outstanding tuition payment due to such institution and is unable to fully pay the amount due; and ``(F) the institution determines that without financial assistance, such student will discontinue the degree or certificate program for which such student is enrolled due to an inability to pay tuition. ``(3) Grant amount.--The amount of an award to a student under a financial assistance program established by an institution of higher education in accordance with this subsection for a semester or equivalent shall be the lesser of-- ``(A) $1,000; or ``(B) the amount of tuition such institution determines the student is unable to pay for such semester or equivalent. ``(4) Limitation on number of grants.--A student may only receive an award under a financial assistance program established by an institution of higher education in accordance with this subsection for a total of two semesters or the equivalent of two semesters. ``(5) Information on other financial assistance.-- ``(A) Information required.--Each institution of higher education receiving a grant under subsection (a) shall provide information to each covered student attending such institution on financial assistance available from any source other than this section. ``(B) Covered student defined.--In this paragraph, the term `covered student' means a student receiving an award under a financial assistance program established by an institution of higher education in accordance with this subsection in an amount that does not fully pay an outstanding tuition payment due to such institution. ``(c) Financial Literacy Survey.--The Secretary shall create, and each student receiving an award under a financial assistance program established by an institution of higher education in accordance with subsection (b) shall complete, an online survey concerning financial literacy. Such survey shall include matters relating to budgeting and saving, student loan debt, and career planning. ``(d) Reports.-- ``(1) Institutions of higher education.--Each institution of higher education receiving a grant under subsection (a) shall annually submit to the Secretary a report containing, for the academic year preceding the date of the submission of such report-- ``(A) the number of students enrolled at such institution that received an award under a financial assistance program established by such institution in accordance with subsection (b); ``(B) the number of such students who completed the degree or certificate program in which such students were enrolled during such academic year; ``(C) the number of such students who, following completion of the degree or certificate program in which such students were enrolled, subsequently enrolled in a degree or certificate program at a higher level; ``(D) the number of such students who, following completion of the degree or certificate program in which such students were enrolled, subsequently obtained full-time employment and the average salary for such students; and ``(E) any other information that the Secretary considers necessary. ``(2) Secretary.--The Secretary shall annually submit to Congress a report on the implementation of this section. Such report shall include-- ``(A) the aggregate data submitted by all institutions of higher education in accordance with paragraph (1); ``(B) an analysis of the grant program under this section and any suggestions for improving such program; and ``(C) any other information that the Secretary considers necessary. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2015 through 2020.''.", "summary": "Helping College Students Cross the Finish Line Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Secretary of Education to award grants to institutions of higher education (IHEs) to establish a financial assistance program that awards funds to at least 100 of the IHE's undergraduate or vocational students each academic year who: are enrolled on at least a half-time basis; are academically able to complete the degree or certificate program in which they are enrolled within an academic year; are in good academic standing; if they previously received such an award, maintained good academic standing during the academic period for which they received such award; are unable to fully pay an outstanding tuition payment that is due; and without financial assistance, will discontinue the degree or certificate program in which they are enrolled. Caps the amount of such award. Prohibits a student from receiving an award for more than two semesters or the equivalent of two semesters. Requires the IHEs to provide each student who receives an award that does not fully cover the amount due on the student's outstanding tuition with information on the financial assistance available from any other source. Directs the Secretary to create, and each student that receives an award to complete, an online financial literacy survey that includes matters relating to budgeting and saving, student loan debt, and career planning."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Texas National Forests Improvement Act of 2000''. SEC. 2. CONVEYANCE OF ADMINISTRATIVE SITES, TEXAS NATIONAL FOREST SYSTEM LANDS. (a) Authority To Sell or Exchange.--The Secretary of Agriculture may convey, by sale or exchange, under such terms and conditions as the Secretary may prescribe, any and all right, title, and interest of the United States in and to the following parcels of National Forest System land (including improvements thereon) located in the State of Texas: (1) Davy Crockett National Forest, Trinity Ranger Quarters #066310 (Tract K-2D), located at State Highway 94, Groveton, Texas, consisting of approximately 3.0 acres, as depicted on the map entitled ``Trinity Ranger Quarters, Tract K-2D'', dated September 1, 1999. (2) Davy Crockett National Forest quarters #066380 (Tract K- 604), located at 514 Devine Street, Groveton, Texas, consisting of approximately 0.5 acre, as depicted on the map entitled ``Davy Crockett National Forest Quarters, Tract K-604'', dated September 1, 1999. (3) Sabine National Forest quarters #055250 (Tract S-1391), located at 706 Cartwright Drive, San Augustine, Texas, consisting of approximately 0.5 acre, as depicted on the map entitled ``Sabine National Forest Quarters, Tract S-1391'', dated September 1, 1999. (4) Sabine National Forest quarters #055400 (Tract S-1389), located at 507 Planter Drive, San Augustine, Texas, consisting of approximately 1.5 acres, as depicted on the map entitled ``Sabine National Forest Quarters, Tract S-1389'', dated September 1, 1999. (5) Sabine National Forest quarters #077070 (Tract S-1388), located at State Highway 87, Hemphill, Texas, consisting of approximately 1.0 acre, as depicted on the map entitled ``Sabine National Forest Quarters, Tract S-1388'', dated September 1, 1999. (6) Sabine National Forest quarters #077430 (Tract S-1390), located at FM Road 944, Hemphill, Texas, consisting of approximately 2.0 acres, as depicted on the map entitled ``Sabine National Forest Quarters, Tract S-1390'', dated September 1, 1999. (7) Old Yellowpine Work Center site, within the Sabine National Forest, consisting of approximately 1.0 acre, as depicted on the map entitled ``Old Yellowpine Work Center'', dated September 1, 1999. (8) Yellowpine Work Center site, within the Sabine National Forest, consisting of approximately 9.0 acres, as depicted on the map entitled ``Yellowpine Work Center'', dated September 1, 1999. (9) Zavalla Work Center site, within the Angelina National Forest, consisting of approximately 19.0 acres, as depicted on the map entitled ``Zavalla Work Center'', dated September 1, 1999. (b) Authorized Consideration.--As consideration for a conveyance of land under subsection (a), the recipient of the land, with the consent of the Secretary, may convey to the Secretary other land, existing improvements, or improvements constructed to specifications of the Secretary. (c) Applicable Law.--Except as otherwise provided in this section, any conveyance of land under subsection (a) shall be subject to the laws and regulations applicable to the conveyance and acquisition of land for the National Forest System. (d) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any parcel of land exchanged under subsection (a). (e) Solicitation of Offers.--The Secretary may solicit offers for the conveyance of land under this section on such terms and conditions as the Secretary may prescribe. The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. SEC. 3. CONVEYANCE OF TEXAS NATIONAL FOREST SYSTEM LAND TO NEW WAVERLY GULF COAST TRADES CENTER. (a) Conveyance Authority.--Subject to the terms and conditions specified in this section, the Secretary of Agriculture may convey to the New Waverly Gulf Coast Trades Center (referred to in this section as the ``Center''), all right, title, and interest of the United States in and to a parcel of real property (including improvements thereon) consisting of approximately 57 acres of land located within the Sam Houston National Forest, Walker County, Texas, as depicted on the map entitled ``New Waverly Gulf Coast Trades Center'', dated September 15, 1999. A complete legal description of the property to be conveyed shall be available for public inspection at an appropriate office of the Sam Houston National Forest and in the Office of the Chief of the Forest Service. (b) Consideration.-- (1) Fair market value.--As consideration for the conveyance authorized by this section, the Center shall pay to the Secretary an amount equal to the fair market value of the property, as determined by an appraisal acceptable to the Secretary and prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisition published by the Department of Justice. (2) Appraisal cost.--The Center shall pay the cost of the appraisal of the property. (3) Time for payment.--The consideration determined under paragraph (1) shall be paid, at the option of the Center-- (A) in full not later than 180 days after the date of conveyance of the property; or (B) in 7 equal annual installments commencing on January 1 of the first year beginning after the conveyance and annually thereafter until the total amount has been paid. (4) Interest.--Any payment due for the conveyance of property under this section shall accrue interest, beginning on the date of the conveyance, at an annual rate of 3 percent on the unpaid balance. (c) Release.--Subject to compliance with all Federal environmental laws prior to conveyance, the Center, upon acquisition of the property under this section, shall agree in writing to hold the United States harmless from any and all claims to the property, including all claims resulting from hazardous materials conveyed on the lands. (d) Right of Reentry.--At any time before full payment is made for the conveyance of the property under this section, the conveyance shall be subject to a right of reentry in the United States if the Secretary determines that-- (1) the Center has not complied with the requirements of this section or the conditions prescribed by the Secretary in the deed of conveyance; or (2) the conveyed land is converted to a noneducational or for profit use. (e) Alternative Property Disposal Authority.--In the event that the Center does not contract with the Secretary to acquire the property described in this section within 18 months of the date of the enactment of this Act, the Secretary may dispose of the property in the manner provided in section 2. SEC. 4. DISPOSITION OF FUNDS. (a) Deposit in Sisk Act Fund.--The Secretary shall deposit the proceeds of a sale or exchange under this Act in the fund established under Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act). (b) Use of Proceeds.--Funds deposited under subsection (a) shall be available to the Secretary, without further appropriation, for-- (1) the acquisition, construction, or improvement of administrative facilities for units of the National Forest System in the State of Texas; or (2) the acquisition of lands or interests in lands in the State of Texas. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.", "summary": "Makes proceeds from such conveyances available to the Secretary for: (1) acquisition, construction, or improvement of National Forest System administrative facilities in Texas;or (2) land acquisition in Texas."}
{"article": "SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Power Asset Privatization Act of 1995''. SEC. 2. FINDINGS. The Congress finds that: (1) the Federal Power Marketing Administrations, over the years, have served to help bring electricity to many areas in the Nation; (2) they have done so with the investment of the American taxpayer; (3) the necessity of federally owned power generation and transmission facilities has passed and halting this practice is in the best national interest of the United States; (4) in fairness to the longtime consumers of Federal Power Marketing Administrations, any process of sale should be open to them; (5) the taxpayers, through investing in the construction and operation, have established equity in the facilities; and (6) this equity entitles the American taxpayer to expect the highest possible return in the sale process. SEC. 3. SALE OF ASSETS. (a) Sale of Assets.--The Secretary of Energy (hereinafter referred to as ``the Secretary'') is authorized and directed to take such steps as necessary to sell all electric power generation facilities and transmission facilities, that are currently owned and operated by Federal departments and agencies under the supervision of, or coordination with, the Federal Power Marketing Administrations. No foreign person or corporation may purchase any such facilities; such facilities may be sold only to a United States citizen or to a corporation or partnership organized under the laws of a State. After such sales are completed the Secretary shall terminate the operations of the Federal Power Marketing Administrations. The heads of other affected Federal departments and agencies shall assist the Secretary of Energy in implementing the sales authorized by this section. (b) Price; Structure of Sale.-- (1) Price.--The Secretary shall obtain the highest possible price for such facilities. In determining the highest possible price, the value of future tax revenues shall be included. (2) Retention of financial advisor.--In order to conduct the sales authorized by this section in such manner as will produce the highest possible price for the facilities to be sold consistent with this Act, within 30 days of enactment of this section, the Secretary shall, through a competitive bidding process, retain an experienced private sector firm to serve as financial advisor to the Secretary with respect to such sales. (3) Financial advisor's report.--Within 90 days of being retained by the Secretary, the financial advisor shall provide to the Secretary a report containing-- (A) a description of those assets described in subsection (a) which, in the opinion of the financial advisor, can be successfully transferred to private sector ownership or operation; (B) the value of each such asset, calculated on the basis of the valuation method or methods which the financial advisor deems most appropriate to a particular asset; (C) the appropriate alternative transactional methods for transferring each such asset to private sector ownership or operation; (D) the amount of proceeds which the financial advisor estimates would be paid to the United States Government as a result of such transaction, including the present value of future revenue from taxes and any other future payments to be made to the United States Government; and (E) an estimate of the average market rate for wholesale electric power sales within each region served by a Federal Power Marketing Administration. (c) Time of Sale.--Sales of facilities under this section shall be conducted in accordance with the time of sale schedule set forth in section 4. At least one year before the date of any sale specified in such schedule, the Secretary, in consultation with the Secretary of the Army and the Secretary of the Interior, and based on the recommendations of the financial advisor, shall select the facilities or groups of facilities to be sold and establish the terms and conditions of the sale. (d) Former Employees of PMAS.--It is the sense of the Congress that the purchaser of any such facilities should offer to employ, where possible, former employees of the Federal Power Marketing Administrations in connection with the operation of the facilities following their purchase. (e) Proceeds.--The Secretary of Energy shall deposit sale proceeds in the Treasury of the United States to the credit of miscellaneous receipts. (f) Preparation.--The Secretary of Energy is authorized to use funds appropriated to the Department of Energy for the Federal Power Marketing Administrations and funds otherwise appropriated to other Federal agencies for power generation and related activities in order to prepare these assets for sale and conveyance. Such preparation shall provide sufficient title to ensure the beneficial use, enjoyment, and occupancy to the purchasers of the assets to be sold and shall include identification of all associated laws and regulations to be amended for the purpose of these sales. The Secretary of Energy shall undertake a study of the effect of sales of facilities under this Act on existing contracts for the sale of electric power generated at such facilities. (g) Reporting of Sales.--Not later than one year after the sale of the assets of each Federal Power Marketing Administration in accordance with this Act, the Secretary of Energy shall-- (1) complete the business of, and close out, such administration; and (2) prepare and submit to Congress a report documenting the sales. (h) Treatment of Sales For Purposes of Certain Laws.--The sales of assets under this Act shall not be considered a disposal of Federal surplus property under the following provisions of law: (1) Section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484). (2) Section 13 of the Surplus Property Act of 1944 (50 U.S.C. App. 1622). SEC. 4. TIME OF SALES. (a) Schedule.--During the next 5 years, the Secretary of Energy shall complete the sale of the electric power generation and transmission assets referred to in section 3 in accordance with the following schedule: ------------------------------------------------------------------------ Power Administration Sale Completion Date ------------------------------------------------------------------------ Alaska Before September 30, 1996 Southeastern Before September 30, 1997 Southwestern Before September 30, 1998 Western Area Before September 30, 1999 Bonneville Before September 30, 2000 ------------------------------------------------------------------------ (b) Unexpended Balances.--Following the sale of the assets of each of the Federal Power Marketing Administrations and their associated power generation facilities, the Secretary of Energy shall return the unexpended balances of funds appropriated for that administration to the Treasury of the United States. SEC. 5. RATE STABILIZATION FOR AFFECTED CONSUMERS. So that the affected consumers of each Federal Power Marketing Administration are not impacted by severe rate increases, each purchaser of electric power generation facilities providing electric power to customers within any region shall be required, as part of the agreement to purchase such facilities, to insure that the price at which electric power is sold to such consumers does not increase above the baseline price at a rate greater than 10 percent annually. For purposes of this section, the term ``baseline price'' means the price for the sale of electric power to a consumer that is in effect on the date of the sale of the facility. The preceding sentence shall cease to apply when the price at which electric power is sold to a consumer is at least equal to the average market rate for wholesale electric power sales within the region concerned, as determined by the Financial Advisor. SEC. 6. LICENSING OF PROJECTS TO PRESERVE CURRENT OPERATING CONDITIONS. (a) Original License.--Simultaneously with the sale of hydroelectric generation facility under this Act, the Federal Energy Regulatory Commission shall issue an original license under part 1 of the Federal Power Act (16 U.S.C. 791a-823b) to the purchaser for the construction, operation, and maintenance of such facility. Such license shall expire on the date 10 years after the date of the sale facility and shall contain standard terms and conditions for hydroelectric power licenses issued under part 1 of such Act for facilities installed at Federal water projects, together with such additional terms and conditions as the Commission deems necessary, in consultation with the department or agency which operates such water project, to further the project purposes and insure that the project will continue operations in the same manner and subject to the same procedures, contracts, and other requirements as were applicable prior to the sale. The Commission shall publish such license terms and conditions for each facility to be sold under this Act as promptly as practicable after the date of the enactment of this Act but not later than one year prior to the date established for the sale of the facility. (b) License Required.--Notwithstanding any other provision of law, the Federal Energy Regulatory Commission shall have jursidiction under part 1 of the Federal Power Act over any hydroelectric generation facility sold under this Act. SEC. 7. ENABLING FEDERAL STUDIES. Section 505 of the Energy and Water Development Appropriations Act of 1993 (Public Law 102-377) is hereby repealed. SEC. 8. DEFINITION OF POWER GENERATION FACILITY. For purposes of this Act, the term ``power generation facility'' means a facility used for the generation of electric energy. If any portion of a structure or other facility is used for flood control, water supply or other purposes in addition to the generation of electric energy, such term refers only to that portion of the structure or facility used exclusively for the generation of electric energy, including turbines, generators, controls, substations, and primary lines used for transmitting electric energy therefrom to the point of juncture with the interconnected primary transmission system. Such term shall not include any portion of a facility used for navigation, flood control, irrigation, water supply, or recreation.", "summary": "Federal Power Asset Privatization Act of 1995 - Directs the Secretary of Energy to sell, at the highest possible price, all Federal electric power generation and transmission facilities supervised by, or coordinated with, the Federal Power Marketing Administrations. Restricts such sales to domestic entities or U.S. citizens. Requires the Secretary to terminate Federal Power Marketing Administration operations upon completion of the sales. Directs the Secretary to retain a private sector firm through a competitive bidding process to serve as financial advisor with respect to such sales. Expresses the sense of the Congress that the purchaser of any such facilities should offer to employ former Federal Power Marketing Administration personnel. Mandates that sale proceeds be deposited into the Treasury. Sets forth a sales completion deadline for each Power Marketing Administration. Mandates that the pertinent sales agreements require each purchaser providing electric power to customers within any region to insure that the price of electric power does not increase above the baseline price at a rate greater than ten percent annually. Directs the Federal Energy Regulatory Commission (FERC) to issue to the purchaser of a hydroelectric generation facility a ten-year original license under the Federal Power Act to insure that the project will continue operations under the same conditions as were applicable prior to the sale. Grants FERC Federal Power Act jurisdiction over any such facility sold. Amends the Energy and Water Development Appropriations Act of 1993 to repeal the proscription against the use of appropriated funds for studies regarding a changeover from an \"at cost\" to a \"market rate\" or other noncost-based methodology for pricing hydroelectric power."}